2023-257-Minutes for Meeting July 05,2023 Recorded 8/15/2023v'C ES
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2023-257
Steve Dennison; County Clerk
Commissioners' Journal 08/15/2023 2:30:25 PM
II I I I IIIIIIII II I I III I IIII II I III
,� _ 2023-257
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
1:00 PM
WEDNESDAY July 5, 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 1:00 p.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
• Carl Shoemaker commented on affirmative action and the Supreme Court's recent
decision disallowing the consideration of race in college admissions.
• Toni Williams, who represents the South County area on the Planning Commission,
expressed disappointment that the mule deer winter range was not expanded and
asked the Board to establish a committee to continue this work.
• Dorinne Tye said low, aggressive flying by persons connected to flight schools
operating at the Bend Municipal Airport constitutes illegal activity.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
1. Approval of Board Order No. 2023-028 authorizing the Deschutes County
Sheriffs Office to donate a vehicle to a nonprofit corporation
BOCC MEETING
JULY 5, 2023 PAGE 1 OF 10
2. Approval of a contract with Helion Software for assessment and taxation
software
3. Approval of Amendment No. 1 to the Intergovernmental Agreement with the
Oregon Judicial Department for Parental Custody Mediation Funds
4. Consideration of Board Signature on letter reappointing David Roth for service
on the Deschutes County Bicycle and Pedestrian Advisory Committee
5. Approval of minutes of the June 23, 2023 BOCC Legislative Update meeting
6. Approval of minutes of the May 4, 223 Budget Committee meeting
7. Approval of minutes of the BOCC May 15, 2023 meeting
ADAIR: Move Board approval of the Consent Agenda as presented
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
ACTION ITEMS:
B. Public Hearing and Board Order considering the Atias annexation to the
Bend Park & Recreation District
Dave Doyle, County Counsel, said Natascha Atias filed a petition to annex 4.77
acres on Cabin Lane into the Bend Park & Recreation District. The District has
approved the request. The County Clerk certified the petition and Community
Development reviewed it for land use compatibility.
The public hearing was opened at 1:06 p.m. There being no one who wished to speak,
the public hearing was closed at 1:06 p.m.
Responding to Commissioner Chang, Doyle confirmed that this property is
contiguous to the Park & Recreation District.
ADAIR: Move approval of Board Order No. 2023-024 annexing 4.77 acres
on Cabin Lane into the Bend Park & Recreation District (Atias)
CHANG: Second
VOTE: ADAI R: Yes
BOCC MEETING JULY 5, 2023 PAGE 2 OF 10
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
9. Document No. 2023-668, a Collective Bargaining Agreement between
Deschutes County and the Federation of Oregon Parole and Probation
Officers
Whitney Hale, Deputy County Administrator, said this collective bargaining
agreement is a three-year contract effective July 1, 2023 to June 30, 2026. The
agreement includes a 4% cost of living adjustment in FY 2024 and a 1 - 4 % cost
of living adjustment in FY 2025 and 2026, based on the consumer price index.
The agreement also includes increases in certification pay and instructor pay.
CHANG: Move approval of Board signature of Document No. 2023-668, a
Collective Bargaining Agreement between Deschutes County and the
Federation of Oregon Parole and Probation Officers
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
10. Notice of Intent to Award a contract for the paving of Butler Market Road
from Hamehook Road to Powell Butte Highway
Chris Doty, Road Director, said two bids were received for this project and the
apparent low bid is below the engineer's estimate.
ADAIR: Move approval of Chair signature of Document No. 2023-413, a
Notice of Intent to Award a contract for the paving of Butler Market
Road from Hamehook Road to Powell Butte Highway
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
11. Intergovernmental Agreement with the Oregon Department of
Transportation and Central Oregon Irrigation District for the US97:
Lower Bridge Way -NW 10th St (Terrebonne) Project
Chris Doty, Road Director, explained this project includes work within a Central
Oregon Irrigation District (COID) easement that crosses Smith Rock Way. Under
BOCC MEETING
JULY 5, 2023 PAGE 3 OF 10
the agreement, the County and COID will grant the Oregon Department of
Transportation access to construct the improvements to COID's facilities as part
of the project. Upon project completion, the County will continue to maintain the
lateral canal crossing pipe on Smith Rock Way.
CHANG: Move approval of Board signature of Document No. 2023-588, an
Intergovernmental Agreement with the Oregon Department of
Transportation and Central Oregon Irrigation District for the US97:
Lower Bridge Way -NW 10th St (Terrebonne) Project
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
12. Submittal of Safe Streets For All grant application for the Deschutes County
Transportation Safety Action Plan Update
Chris Doty, Road Director, explained staff is seeking authorization to apply for a
federal Safe Streets For All grant which would be used to update the County's
Transportation Safety Action Plan (TSAP). Doty listed goals for the TSAP update,
as follows:
• Document actions taken since the initial TSAP was published;
• Update the crash data summary and location -specific mitigation
measures;
• Review solutions, including non -infrastructure measures, and update as
appropriate;
• Evaluate effectiveness and performance measures;
• Perform safety audits of rural school zones; and
• Conduct an equity analysis of transportation safety in rural communities.
CHANG: Move to authorize the Road Department to submit a Safe Streets For
All grant application for the Deschutes County Transportation Safety
Action Plan Update
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
BOCC MEETING JULY 5, 2023 PAGE 4 OF 10
13. Agreement with the Central Oregon intergovernmental Council to
distribute State Transportation Improvement Funds
Andrea Breault, Transportation Director of Cascades East Transit, highlighted
projects accomplished with these funds from the last biennium and described
projects planned for upcoming biennium. The 2023-2025 funding cycle
anticipates programs and projects totaling $22,013,163.
Commissioner Adair asked about the $5 million being carried over from 2021-
2023 into the next biennium. Breault said CET is awaiting delivery of six buses
which were ordered in 2020 and are expected to arrive this fall.
Commissioner Adair shared that residents of Deschutes River Woods have asked
to be served with public transit. Commissioner DeBone said the route in La Pine
should be via Day Road instead of Highway 97.
ADAIR: Move approval of Document No. 2023-654, an agreement with the
Central Oregon Intergovernmental Council for distribution of State
Transportation Improvement Funds through June 30, 2025
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
14. Community Development Department elimination of six unfilled full-time
equivalents (FTEs)
Sherri Pinner, Senior Management Analyst, presented the proposal to eliminate
six unfilled full-time equivalent positions (FTEs) in the Community Development
Department. This would result in a revised FTE total of 58 which the department
believes is adequate to process current and projected permitting volumes.
Peter Gutowsky, Community Development Department Director, added this
action is being taken in the interest of fiscal prudence, and reflects the
department's current work volume which is not expected to change in the
foreseeable future. CDD will continue to track workload volumes on a quarterly
basis.
Responding to Commissioner Adair, Gutowsky acknowledged that the workload
in the Code Compliance division exceeds staffs capacity. He said this situation
will be monitored and CDD may return to the Board next year to address this if
needed.
BOCC MEETING
JULY 5, 2023 PAGE 5 OF 10
Commissioner Chang found it problematic that the Code Compliance division is
funded by current project fees. He said if this division is understaffed, its work
should be funded in a different way.
ADAIR: Move approval of Resolution 2023-041 to eliminate six unfilled full-
time equivalent positions in the Community Development
Department and transfer program appropriations to contingency
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
15. Planning Division Work Plan Update / Long Range Planning / FY 2023-24
Will Groves, Planning Manager, presented the adopted Community Development
Department (CDD) FY 2023-24 Work Plan and said in light of the Board's decision
on June 26th to withdraw the legislative amendment related to the mule deer
inventory update, staff seeks direction on reprioritizing elements of the plan.
Specifically, staff asks whether the County will convene a mule deer steering
committee as recommended by the Planning Commission. Groves added that the
Oregon Department of Fish and Wildlife (ODFW) is currently updating the State's
Mule Deer Management Plan and is accepting public feedback as part of that
process.
Commissioner Adair said it is very important to convene a stakeholder group on
this subject, which staff could facilitate. She desired to find out what is causing
the decline in the population of mule deer and said part of the reason may be
that junipers crowd out bitter brush, which is a major source of nutrition for deer.
She wanted to hear from people who live in the community.
Responding to Commissioner Chang, Groves confirmed that ODFW's update
addresses habitat fragmentation and loss of habitat.
Peter Gutowsky, Community Development Director, added that in updating its
20-year-old plan, ODFW is attempting to identify all of the factors which impact
the deer population. Gutowsky noted that many of these factors are outside of
CDD's domain and asked for direction regarding the Board's desired outcome in
this matter.
Commissioner Chang said as currently defined, the concept for a steering
committee is vague in terms of its purpose. He supported directing County staff
BOCC MEETING
JULY 5, 2023 PAGE 6 OF 10
and resources towards situations and activities which the County has jurisdiction
to address, such as poaching.
Commissioner DeBone acknowledged ODFW as the domain expert on this matter
and suggested inviting ODFW to meet with the Board and hear what has been
done at the county level. He said everyone wants healthy wildlife, and ODFW
needs the input of the Deschutes community.
With respect to the other components of the CDD Work Plan, Commissioner
Chang said the County should prioritize efforts on developing local regulations to
implement Senate Bill 1013, which permits counties to allow certain rural
homeowners to site one recreational vehicle on their property to be used as a
separate residence.
In response to Commissioner Chang, Groves explained HB 3197 which requires
that clear and objective development standards be adopted before July 1, 2025.
Groves said this will entail clarifying definitions and other language in order to
streamline and facilitate housing opportunities. Gutowsky described the risks of
not complying with HB 3197.
Commissioner Chang said the need for clear and objective standards within
UGBs is different from the need for these in rural areas. He said it may be better
to address questions as they arise on a case by case basis rather than attempt to
address these in an abstract, wholesale way.
The Board was in consensus to direct staff to focus short-term planning efforts
on rural ADUs and developing regulations to implement SB 1013.
With respect to the mule deer issue, Commissioner DeBone said the County will
invite ODFW to meet with the Board to share information. Commissioner Chang
asked that this invitation include a request that ODFW dedicate a portion of its
presentation to the importance of habitat loss, habitat fragmentation and habitat
preservation.
County Administrator Nick Lelack said ODFW will be asked to provide an overview
of its plan update, which has been structured to address numerous factors
including nutrition, habitat, migration, habitat fragmentation, disease, predation
and poaching.
16. Presentation of Countywide Long-term Financial Forecast with Courthouse
Debt Service
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JULY 5, 2023 PAGE 7 OF 10
Robert Tintle, Chief Financial Officer, and Dan Emerson, Budget and Financial
Planning Manager, presented an updated long-term financial forecast which
incorporated the State's recent commitment to contribute $15,000,000 towards
the County's courthouse expansion project. Emerson reviewed current available
funding sources for debt and maintenance and said the vast majority of the
General Reserve balance will be needed for projected annual debt service over
the next 20 years.
Turning to the subject of funding for the courthouse expansion project, Emerson
said this construction is estimated to cost $40,500,000. With a buydown of $15
million, the County would issue bonds for the remaining $25.5 million. The
annual debt service would be funded by General Funds and unallocated
Transient Room Tax revenues.
Commissioner Chang asked if the County could opt to use some reserves for a
larger buydown than $15 million in order to save more money on the cost of
interest. Tintle agreed this is a possibility although the County is awaiting the
agreement from the State to determine specifics as far as how those funds will
be distributed and under what conditions. Staff recommends buying down $20
million in debt for this project to save an additional $3,000,000 on financing costs
while maintaining adequate future reserves. This $20 million will come from the
State's $15 million contribution, all Local Assistance Tribal Consistency Funds
(LATCF) and approximately $380,000 in General Reserves.
With regard to the $1.478 million left in available ARPA funds, Emerson said staff
recommends using these on any eligible commitment to avoid impacting General
Reserve funds. Eligible allocations include:
• Veterans Village operations of $100,000 annually through FY26
• Veterans Village cabin expansion project--$300,000
• FH26 Coordinated Houseless Response Office operations--$200,000
The remaining ARPA balance of $500,000 could be used for the Terrebonne
sewer project in FY25.
Emerson referred to the Board's stated interest in granting allocations to the
Housing Trust Fund and the Central Oregon Guardian Program. He said these
contributions could be made with General Funds at the Board's specific direction.
In response to Commissioner DeBone, Kim Riley, Assistant County Council, said
video lottery funds cannot be used for the Housing Trust Fund.
BOCC MEETING
JULY 5, 2023 PAGE 8 OF 10
Responding to Commissioner Chang, Emerson and Tintle said the approximately
$400,000 in interest generated from ARPA funds was appropriated to the
courthouse project during the adoption of the FY24 Budget.
Emerson concluded that if the Board acts to appropriate $100,000 in one-time
support for the Central Oregon Guardians Program, that would be a General
Fund allocation.
ADAIR: Move approval of a $20 million buydown for the courthouse
expansion project
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone said it may be possible to increase the amount of the
buydown above $20 million before the amount of the debt to be bonded is
finalized.
ADAIR: Move approval of an allocation in the amount of $500,000 to the
Housing Trust Fund for Fiscal Year 2024 from the General Fund
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
OTHER ITEMS: None
EXECUTIVE SESSION:
At 3:52 pm, the Board entered executive session under ORS 192.660 (2) (d) Labor
Negotiations.
The Board moved out of executive session at 4:16 p.m. to direct staff to proceed as
discussed.
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 4:16 pm.
BOCC MEETING
JULY 5, 2023 PAGE 9 OF 10
9 -pv
DATED this day of
Commissioners.
ATTEST:
RECORDING SECRETARY
BOCC MEETING
2023 for the Deschutes County Board of
ANTHONY DEBONE, CHAIR
PATTI ADAIR, VICE CHAIR
PHIL CHANG, CO ISSIONER
JULY 5, 2023 PAGE 10 OF 10
Subject: A
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
r IMtr_t ve Aot 0
Name C J; hoAtivIctk-ty
Address ICJ NEct
k Pv-itd OK- 17701
Date: 7/ 6 f-ircz3
Phone #s 85 '� �i- itg%•
E-mail address cai i.6 0,ewq icy,. ao !_rcom
In Favor
Neutral/Undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
Opposed
No
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: July 5, 2023
SUBJECT: Consideration of Approval for Road Department Submittal of Safe Streets For All
(SS4A) Grant Application for the Deschutes County Transportation Safety Action
Plan Update
RECOMMENDED MOTION:
Move to authorize the Road Department to submit a Safe Streets for All grant application.
BACKGROUND AND POLICY IMPLICATIONS:
The Safe Streets for All (SS4A) program is a federal funding opportunity established with
the Bipartisan Infrastructure Law (BIL) that provides funding for communities to prepare
Transportation Safety Action Plans (TSAP) and to implement safety projects identified in
their existing TSAPs.
Deschutes County Road Department prepared the initial Deschutes County TSAP in 2019.
The TSAP evaluated transportation system crash trends for the study period of 2011-2016
and identified a broad range of recommended treatments, including projects, policies, and
programs, to reduce and eliminate crashes. Most of the top crash sites identified and
evaluated in the 2019 TSAP have either been mitigated with completed projects or are
being mitigated with planned projects in the current 5-year Capital Improvement Plan.
Road Department staff are seeking Board approval to submit a grant application, which is
still being prepared, for the current round of SS4A funding to update the Deschutes County
TSAP. Goals for the proposed TSAP update include:
• Document actions taken since the initial TSAP was published;
• Update County crash data summary and location specific mitigation measures;
• Review of systemic solutions, speed management tool box, and non -infrastructure
measures and update these items as appropriate;
• Evaluation of effectiveness and performance measures;
• Safety audits of rural school zones; and
• Equity analysis regarding transportation safety in rural communities.
Applications are due on Monday, July 10. 2023.
BUDGET IMPACTS:
The total estimated project cost is $180,000. if the grant application were successful, the
SS4A grant would provide $144,000 (80%) of the total project cost. The County project
share would be $36,000 (20%), which would be budgeted in the Road fund for FY 2024-
2025.
ATTENDANCE:
Cody Smith, County Engineer/Assistant Director
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: July 5, 2023
SUBJECT: Planning Division Work Plan Update / Long Range Planning / FY 2023-24
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
The adopted Community Development Department (CDD) FY 2023-24 Work Plan contains
several discretionary long range planning projects varying in complexity and anticipated
staff effort. This memorandum is intended to update the Board of County Commissioners
(Board) on upcoming work plan projects and solicit any comments and revisions. The
purpose is to ensure that long-range staff, which has emerging capacity due to the
withdrawal of the Mule Deer Wildlife Inventory Project, implements the Board's priorities
within its available resources.
BUDGET IMPACTS:
N/A
ATTENDANCE:
Will Groves, Planning Manager
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Will Groves, Planning Manager
Peter Gutowsky, AICP, Director
DATE: June 28, 2023
SUBJECT: Planning Division Work Plan Update / Long Range Planning / FY 2023-24
I. WORK PLAN DIRECTION
The adopted Community Development Department (CDD) FY 2023-24 Work Plan contains several
discretionary long range planning projects varying in complexity and anticipated staff effort.' This
memorandum is intended to update the Board of County Commissioners (Board) on upcoming work plan
projects and solicit any comments and revisions. The purpose is to ensure that long-range staff, which
has emerging capacity due to the withdrawal of the Mule Deer Wildlife Inventory Project, implements the
Board's priorities within its available resources.2
Mule Deer Steering Committee
On June 26, the Board discussed convening a mule deer steering committee as recommended by the
Planning Commission. If the Board supports initiating this recommendation, staff offers the following
perspectives. The Board would need to define the purpose of the steering committee and its intended
outcomes. The Oregon Department of Fish and Wildlife (ODFW) is currently updating its Mule Deer
Management Plan and is taking public feedback.' This is a better process than a county -initiated
committee because it will address issues and concerns that will direct future management of mule deer.
It is also ODFW's preferred method for further engagement. Lastly, throughout the Mule Deer Wildlife
Inventory Project, besides habitat fragmentation, ODFW identified other threats including predation,
disease, poaching, automobile collisions, and wildlife crossings. CDD does not regulate or have any
oversight of these issues. Given our lack of expertise and the divergent opinions about mule deer,
1 https://www.deschutes.org/sites/default/files/fileattachments/community_development/page/18781/draft_2023-
24_work_plan_annual_report.pdf. Pages 35-38.
2 Compared to FY 2022-23, the Long Range Section is down one FTE. The Long Range Planning Section now consists of four
FTEs: two Senior Planners, a Senior Transportation Planner (FTE allocated across transportation, current and long range
planning duties), and one Associate Planner. An Associate Long Range Planner promoted to fill a Senior Transportation
Planner retirement is not being backfilled due to budgetary considerations.
3 https://www.dfw.state.or.us/wildlife/management_plans/mule_deer/index.asp
professional facilitation would be required. CDD does not have this expense listed in our FY 2023-24
budget.
Staff seeks Board support to initiate one of the following projects:
2023 Legislative Session
• HB 3197 / Clear and Objective Standards (Bill language included as attachment to this memo)
The Oregon Legislature recently enacted HB 3197 into law. It requires counties to adopt and apply
clear and objective standards, conditions, and procedures regulating housing in unincorporated
communities, Rural Residential Exception Areas, and nonresource lands. It has a two year effective
date of July 1, 2025.
CDD needs to develop a multi -phased and likely multi -year work program to comply. This law
requires amending definitions, land division code, five rural residential zones, Sunriver Urban
Unincorporated Community zones, Tumalo and Terrebonne Rural Community zones, Flood Plain
Zone, and Landscape Management, Sensitive Bird and Mammal, and Wildlife Area Combining
Zones, with detailed findings, including those relating to Goal 5.
• SB 1013 / Recreation Vehicles / Housing Option (Bill language included as attachment to this
memo)
The Oregon Legislature recently enacted SB 1013 into law. It allows counties to amend rural
residential zones to site one recreational vehicle with an existing dwelling subject to certain siting
standards.
The legislation requires that the recreational vehicle is:
o Located in an area zoned for rural residential use
o Used for residential purposes
o Co -located with an existing residence, which is occupied by the property owner
o Not used for vacation occupancy
o Owned or leased by the tenant
o Provided "essential services", including sewage disposal, water supply, electrical supply
The legislation allows counties to include other limitations and specifications.
Area and Community Plans
• Terrebonne Community and Newberry Country Plans
CDD has received requests to engage Terrebonne and/or Newberry Country residents to
determine if community and/or area plans require updates. If so, staff can develop detailed work
plans for the Board's consideration.
-2-
Legislative / Housekeeping Amendments
• Zoning Code Amendments
It is important to initiate zoning text amendments to keep Deschutes County Code up to date.
Staff can coordinate with the Board to prioritize them prior to initiation. Potential Project identified
in the adopted 2023-24 Work Plan are included as attachment to this memo, with relevant zoning
text amendments.on Page 37.
-3-
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 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 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 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.
• 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 and assist
with City -led updates to DCC Title 20 (i.e., Urban Holding-10 zone).
• Continue to engage the City as a stakeholder in the County's Comp Plan 2040
and TSP updates.
City of Sisters Coordination
• Participate in the implementation of Sisters Country Vision Plan and their
Comprehensive Plan Update.
36 CDD FY 2023-24 Work Plan / 2022 Annual Report
FY 2023-24 Work Plan Projects, continued
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.
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.
37 CDD FY 2023-24 Work Plan / 2022 Annual Report
FY 2023-24 Work Plan Projects, continued
• 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.
• Title 22—Procedures Ordinance for consistency with state law and planning department
interpretations.
• Wetland Regulation Clarification for Irrigation or Artificially Created Wetlands.
Will Groves
Anthony Raguine
_Jacob Ripper
Doke Clark
Kyle Collins
than DiMarzo, •
Caroline House
Avery johnson
Haleigh King
Nicole Mandell
Nathaniel Miller
Tarik Rawlings
Tanya Saltzman
Audrey Stuart
Rachel Vickers
n Wilson
Staff Directory
Planning Manager (541) 388-6518
Principal Planner
Principal Planner
(541) 617-4739.
(541) 385-1759
Administrative Assistant (541) 617-4707
Associate Long Range Planner
Assistant Planner
Senior Planner
Assistant Planner
Associate Planner
Senior Long Range Planner
Associate Planner
Senior Transportation 'Planner
Senior Long Range Planner
Associate Planner
Associate Planner
ant Planner
(541) 383-4427
(541)330-4620 "
(541) 388-6667
(541) 3851704
(541) 383-6710
(541,) 317-3157 _.
(541) 317-3164
(541) �17,-3148
(541) 388-6528
(54) 388 5679
(541) 388-6504
(547) 385 1713
William.Groves@deschutes.org
Anthony.Raguine@desch ates.org
jacob.Ripper@deschutes.org
3rooke.Clark@deschutes,org
Kyle.Collins@deschutes.org
Daniel.DiMarzo@deschutes.org
Caroline.House@deschutes.org
Avery.johhson@deschutes.org;
Haleigh.King@deschutes.org
Nicole.Mardeil@deschutes org,
Nathaniel.Miller@deschutes.org
Tarik. Rawlings@deschutes.or
Tanya.Saltzman@deschutes.org
AudreyStiart@deschutes org
Rachel.Vickers@deschutes.org
Ben. Wilson@deschutes.org
38 CDD FY 2023-24 Work Plan / 2022 Annual Report
82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session
Enrolled
Senate Bill 1013
Sponsored by Senators HAYDEN, LINTHICUM, SMITH DB; Representatives BOICE, DIEHL,
GAMBA, HELFRICH, LEVY B, MORGAN (at the request of Clackamas County Chair Tootie
Smith)
CHAPTER
AN ACT
Relating to residential tenancies in recreational vehicles; creating new provisions; and amending
ORS 197.493.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2023 Act is added to and made a part of ORS chapter 215.
SECTION 2. (1) As used in this section:
(a) "Recreational vehicle" means a recreational vehicle that has not been rendered
structurally immobile and is titled with the Department of Transportation.
(b) "Rural area" means an area zoned for rural residential use as defined in ORS 215.501
or land that is within the urban growth boundary of a metropolitan service district, but not
within the jurisdiction of any city, and zoned for residential use.
(2) A county may allow an owner of a lot or parcel in a rural area to site on the property
one recreational vehicle that is used for residential purposes and is subject to a residential
rental agreement, provided:
(a) The property is not within an area designated as an urban reserve as defined in ORS
195.137;
(b) A single-family dwelling that is occupied as the primary residence of the property
owner is sited on the property;
(c) There are no other dwelling units on the property and no portion of the single-family
dwelling is rented as a residential tenancy;
(d) The property owner will not allow the use of the recreational vehicle space or recre-
ational vehicle for vacation occupancy, as defined in ORS 90.100, or other short-term uses;
(e) The recreational vehicle is owned or leased by the tenant; and
(f) The property owner will provide essential services to the recreational vehicle space,
as described in ORS 90.100 (13)(b).
(3) A county may require that an owner of a lot or parcel who sites a recreational vehicle
under this section:
(a) Register the use with the county.
(b) Enter into a written residential rental agreement with the tenant of the recreational
vehicle.
(c) Limit the amount of payments that the property owner may accept from the tenant
under ORS 90.140 to those reasonably necessary to cover the owner's costs or losses.
Enrolled Senate Bill 1013 (SB 1013-A) Page 1
(d) Require that the recreational vehicle comply with any reasonable appearance, repair,
inspection or siting standards adopted by the county.
(4) Notwithstanding ORS 455.405, a recreational vehicle sited under this section is not
subject to the state building code.
SECTION 3. ORS 197.493 is amended to read:
197.493. (1) A state agency or local government may not prohibit the placement or occupancy
of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle
as a residential dwelling, solely on the grounds that the occupancy is in a recreational vehicle, if
the recreational vehicle is:
(a) Allowed under section 2 of this 2023 Act;
[(a)(A)] (b)(A) Located in a manufactured dwelling park, mobile home park or recreational ve-
hicle park;
(B) Occupied as a residential dwelling; and
(C) Lawfully connected to water and electrical supply systems and a sewage disposal system;
or
[(b)] (c) On a lot or parcel with a manufactured dwelling or single-family dwelling that is
uninhabitable due to damages from a natural [disasters] disaster, including wildfires, earthquakes,
flooding or storms, until no later than the date:
(A) The dwelling has been repaired or replaced and an occupancy permit has been issued;
(B) The local government makes a determination that the owner of the dwelling is unreasonably
delaying in completing repairs or replacing the dwelling; or
(C) Twenty-four months after the date the dwelling first became uninhabitable.
(2) Subsection (1) of this section does not limit the authority of a state agency or local govern-
ment to impose other special conditions on the placement or occupancy of a recreational vehicle.
Passed by Senate April 5, 2023 Received by Governor:
Repassed by Senate June 15,2023
Lori L. Brocker, Secretary of Senate
Rob Wagner, President of Senate
Passed by House May 31, 2023
Dan Rayfield, Speaker of House
M., , 2023
Approved:
M., , 2023
Tina Kotek, Governor
Filed in Office of Secretary of State:
M., , 2023
Secretary of State
Enrolled Senate Bill 1013 (SB 1013-A) Page 2
82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session
Enrolled
House Bill 3197
Sponsored by Representative MCLAIN; Senator MANNING JR (at the request of Washington
County)
CHAPTER
AN ACT
Relating to standards applicable to development of housing; creating new provisions; amending ORS
197.307 and 215.278; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.307, as amended by section 14, chapter 401, Oregon Laws 2019, section
2, chapter 54, Oregon Laws 2022, and section 81, chapter 13, Oregon Laws 2023 (Enrolled House
Bill 2001), is amended to read:
197.307. (1) The availability of affordable, decent, safe and sanitary housing opportunities for
persons of lower, middle and fixed income, including agriculture workforce housing, is a matter of
statewide concern.
(2) Many persons of lower, middle and fixed income depend on government assisted housing as
a source of affordable, decent, safe and sanitary housing.
(3) A local government shall permit needed housing in one or more zoning districts or in zones
described by some comprehensive plans as overlay zones with sufficient buildable land to satisfy that
need.
(4) Except as provided in subsection (6) of this section, a local government may adopt and apply
only clear and objective standards, conditions and procedures regulating the development of hous-
ing, including needed housing, on land within an urban growth boundary. The standards, condi-
tions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or height
of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed hous-
ing through unreasonable cost or delay.
(5) The provisions of subsection (4) of this section do not apply to:
(a) An application or permit for residential development in an area identified in a formally
adopted central city plan, or a regional center as defined by Metro, in a city with a population of
500,000 or greater.
(b) An application or permit for residential development in historic areas designated for pro-
tection under a land use planning goal protecting historic areas.
(6) In addition to an approval process for needed housing based on clear and objective stand-
ards, conditions and procedures as provided in subsection (4) of this section, a local government may
adopt and apply an alternative approval process for applications and permits for residential devel-
opment based on approval criteria [regulating, in whole or in part, appearance or aesthetics] that are
not clear and objective if:
Enrolled House Bill 3197 (HB 3197-A) Page 1
(a) The applicant retains the option of proceeding under the approval process that meets the
requirements of subsection (4) of this section;
(b) The approval criteria for the alternative approval process comply with applicable statewide
land use planning goals and rules; and
(c) The approval criteria for the alternative approval process authorize a density at or above
the density level authorized in the zone under the approval process provided in subsection (4) of this
section.
(7) Subject to subsection (4) of this section, this section does not infringe on a local
government's prerogative to:
(a) Set approval standards under which a particular housing type is permitted outright;
(b) Impose special conditions upon approval of a specific development proposal; or
(c) Establish approval procedures.
SECTION 2. ORS 197.307, as amended by section 14, chapter 401, Oregon Laws 2019, section
2, chapter 54, Oregon Laws 2022, section 81, chapter 13, Oregon Laws 2023 (Enrolled House Bill
2001), and section 1 of this 2023 Act, is amended to read:
197.307. (1) The availability of affordable, decent, safe and sanitary housing opportunities for
persons of lower, middle and fixed income, including agriculture workforce housing, is a matter of
statewide concern.
(2) Many persons of lower, middle and fixed income depend on government assisted housing as
a source of affordable, decent, safe and sanitary housing.
(3) A local government shall permit needed housing in one or more zoning districts or in zones
described by some comprehensive plans as overlay zones with sufficient buildable land to satisfy that
need.
(4) Except as provided in subsection (6) of this section, a local government may adopt and apply
only clear and objective standards, conditions and procedures regulating the development of hous-
ing, including needed housing, on land within an urban growth boundary, unincorporated com-
munities designated in a county's acknowledged comprehensive plan after December 5, 1994,
nonresource lands and areas zoned for rural residential use as defined in ORS 215.501. The
standards, conditions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or height
of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed hous-
ing through unreasonable cost or delay.
(5) The provisions of subsection (4) of this section do not apply to:
(a) An application or permit for residential development in an area identified in a formally
adopted central city plan, or a regional center as defined by Metro, in a city with a population of
500,000 or greater.
(b) An application or permit for residential development in historic areas designated for pro-
tection under a land use planning goal protecting historic areas.
(6) In addition to an approval process for needed housing based on clear and objective stand-
ards, conditions and procedures as provided in subsection (4) of this section, a local government may
adopt and apply an alternative approval process for applications and permits for residential devel-
opment based on approval criteria that are not clear and objective if:
(a) The applicant retains the option of proceeding under the approval process that meets the
requirements of subsection (4) of this section;
(b) The approval criteria for the alternative approval process comply with applicable statewide
land use planning goals and rules; and
(c) The approval criteria for the alternative approval process authorize a density at or above
the density level authorized in the zone under the approval process provided in subsection (4) of this
section.
(7) Subject to subsection (4) of this section, this section does not infringe on a local
government's prerogative to:
Enrolled House Bill 3197 (HB 3197-A) Page 2
(a) Set approval standards under which a particular housing type is permitted outright;
(b) Impose special conditions upon approval of a specific development proposal; or
(c) Establish approval procedures.
SECTION 3. ORS 215.278 is amended to read:
215.278. (1) The Land Conservation and Development Commission shall revise administrative
rules regarding dwellings customarily provided in conjunction with farm use to allow, under ORS
215.213 and 215.283, the establishment of accessory dwellings needed to provide opportunities for
farmworker housing for individuals primarily engaged in farm use whose assistance in the manage-
ment of the farm is or will be required by the farm operator on the farm unit.
(2) County land use regulations may not establish standards for accessory farmworker
housing that are in addition to those required under this chapter or commission rules unless
the standards are clear and objective.
[(2)] (3) As used in this section:
(a) "Farm unit" means the contiguous and noncontiguous tracts in common ownership used by
the farm operator for farm use as defined in ORS 215.203.
(b) "Farmworker" means an individual who, for an agreed remuneration or rate of pay, performs
labor, temporarily or on a continuing basis, for a person in the:
(A) Production of farm products;
(B) Planting, cultivating or harvesting of seasonal agricultural crops; or
(C) Forestation or reforestation of land, including but not limited to planting, transplanting,
tubing, precommercial thinning and thinning of trees or seedlings, the clearing, piling and disposal
of brush and slash and other related activities.
(c) "Farmworker housing" means housing:
(A) Limited to occupancy by farmworkers and their immediate families; and
(B) No dwelling unit of which is occupied by a relative of the owner or operator of the
farmworker housing.
(d) "Owner" means a person that owns farmworker housing. "Owner" does not mean a person
whose interest in the farmworker housing is that of a holder of a security interest in the housing.
(e) "Relative" means:
(A) A spouse of the owner or operator; and
(B) An ancestor, lineal descendant or whole or half sibling of the owner or operator or the
spouse of the owner or operator.
SECTION 4. The amendments to ORS 197.307 and 215.278 by sections 2 and 3 of this 2023
Act become operative on July 1, 2025.
SECTION 5. This 2023 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2023 Act takes effect
on its passage.
Enrolled House Bill 3197 (HB 3197-A) Page 3
Passed by House May 9, 2023 Received by Governor:
M., 2023
Approved:
Timothy G. Sekerak, Chief Clerk of House
Dan Rayfield, Speaker of House
Passed by Senate June 23, 2023
Rob Wagner, President of Senate
M., 2023
Tina Kotek, Governor
Filed in Office of Secretary of State:
M., , 2023
Secretary of State
Enrolled House Bill 3197 (HB 3197-A) Page 4
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: July 5, 2023
SUBJECT: Presentation of Countywide Long-term Financial Forecast with Courthouse
Debt Service
RECOMMENDED MOTION:
The Board may consider motions to identify funding sources for current year fiscal
obligations.
BACKGROUND AND POLICY IMPLICATIONS:
Following the Fiscal Year 2024 budget week and legislative update on courthouse funding,
the Deschutes County Finance Department will share a long-term financial analysis with the
Board. Staffs presentation includes an overview of current and future County finances,
including forecasts for key funds and future debt service obligations.
Specific current fiscal year obligations without identified funding sources include:
- $100,000 per year, for ten years to fund Veterans Village ongoing operations
$300,000 to fund expansion of Veterans Village cabins for housing veterans
experiencing houselessness
$500,000 funding the Housing Trust and creating local affordable housing
BUDGET IMPACTS:
Budget impacts are variable and contingent upon Board motions and direction. Board
direction on courthouse debt service buy down effects short and long-term General
Reserve funds.
ATTEN DANCE:
Robert Tintle - Chief Financial Officer
Dan Emerson - Budget and Financial Planning Manager
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BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
1:00 PM, WEDNESDAY, JULY 5, 2023
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 I 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/3h3oqdD.
• 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.
44)
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.
Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in
sequential order and items, including public hearings, may be heard before or after their listed times.
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. Approval of Board Order No. 2023-028 authorizing the Deschutes County Sheriff's Office
to donate a vehicle to a nonprofit corporation
2. Approval of a contract with Helion Software for assessment and taxation software
3. Approval of Amendment No. 1 to the Intergovernmental Agreement with the Oregon
Judicial Department for Parental Custody Mediation Funds
4. Consideration of Board Signature on letter reappointing David Roth for service on the
Deschutes County Bicycle and Pedestrian Advisory Committee
5. Approval of minutes of the June 23, 2023 BOCC Legislative Update meeting
6. Approval of minutes of the May 4, 223 Budget Committee meeting
7. Approval of minutes of the BOCC May 15, 2023 meeting
ACTION ITEMS
8. 1:10 PM Public Hearing and Board Order considering the Atias annexation to the
Bend Park & Recreation District
9. 1:25 PM Document No. 2023-668, a Collective Bargaining Agreement between
Deschutes County and the Federation of Oregon Parole and Probation
Officers
10. 1:35 PM Notice of Intent to Award a contract for the paving of Butler Market Rd:
Hamehook Rd to Powell Butte Hwy Project
July 5, 2023
BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
11. 1:45 PM intergovernmental Agreement with the Oregon Department of
Transportation and Central Oregon irrigation District for the US97:
Lower Bridge Way -NW 10th St (Terrebanne) Project
12. 1:55 PM Submittal of Safe Streets For All grant application for the Deschutes County
Transportation Safety Action Plan Update
13. 2:05 PM Agreement with the Central Oregon Intergovernmental Council to distribute
State Transportation Improvement Funds
14. 2:20 PM Community Development Department elimination of six unfilled full-time
equivalents (FTE)
15. 2:30 PM Planning Division Work Plan Update / Long Range Planning / FY 2023-24
16. 3:00 PM Presentation of Countywide Long-term Financial Forecast with Courthouse
Debt Service
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.
ADJOURN
July 5, 2023
BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3