2023-316-Minutes for Meeting August 28,2023 Recorded 9/28/2023whCYJ*T ES COG2�
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
1:00 PM
Recorded in Deschutes County CJ2023-316
Steve Dennison; County Clerk
Commissioners' ,journal 09/28/2023 4:58:08 PM
`SAll
2023-316
4.1
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
MONDAY August 28, 2023
Allen Room
Live Streamed Video
Present were Commissioners Anthony DeBone, Patti Adair and Phil Chang. Also present were County
Administrator Nick Lelack; Deputy County Administrator Whitney Hale; County Counsel Dave Doyle; and
BOCC Executive Assistant Brenda Fritsvold.
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.
CITIZEN INPUT:
• Carl Shoemaker questioned if legitimate hunting of mule deer is being incorrectly
reported as poaching.
AGENDA ITEMS:
1. Presentation: Four Rivers Vector Control District Annual Work Program
Myles Bowlin, Operations Manager of the Four Rivers Vector Control District,
presented the district's annual work program and related updates to the Board.
Bowlin said the district conducts efforts to control mosquito populations in a
24-square mile area of southern Deschutes County. The district employs between
three and seven seasonal employees whose efforts involve many steps of integrated
pest management at every stage from eggs to larvae to insects. Bowlin described
BOCC MEETING AUGUST 28, 2023 PAGE 1 OF 5
the treatment methods used for eradication and said the district does not fog
private backyards or by the river-, or when temperatures drop below 50 degrees.
In response to Commissioner DeBone, Board President Rodney Dieckhoff said all
five positions on the Board are currently filled.
Responding to Commissioner Adair, Dieckhoff said no cases of West Nile virus have
been reported recently in Central Oregon.
Sierra Dieckhoff, Office Manager, said the district's website has been updated and
offers information about the district's operations along with a map of the service
area and a service request form.
In response to Commissioner Chang, Bowlin said the district's work season is
generally from the end of April to mid -September, depending on weather conditions
and how much water is present on treated sites.
2. Work Session: Proposed amendments to County Code relative to signs
placed within the public right-of-way
Chris Doty, Road Director, summarized that Deschutes County currently allows
political signs in the public right-of-way, which likely is not permitted under State law
and sometimes results in political signs being placed where adjacent property
owners or others object. Another problem involves the use of metal posts to install
these signs, which have the potential to damage underground utilities.
Cody Smith, County Engineer/Assistant Road Director, elaborated on a host of
challenges posed by allowing political signs in the right-of-way, including lack of
statutory authority, safety concerns, residual property rights and enforcement.
Commissioner Chang asked how the Road Department will notify candidates for
office if these signs are no longer allowed in the public right-of-way. Doty and Smith
said this will be done through various means, including website and social media
posts, press releases, and emails to persons who file for office. Commissioner
Chang suggested also publicizing this change via the County Clerk's office as
persons submit the necessary paperwork to run for office.
Commissioner Adair noted a public hearing has been scheduled for later in the
week to take testimony on the proposed amendments to County Code to disallow
the placement of political signs in the County's right-of-way.
3. Discussion: Local Wildfire Hazard Zone and Oregon Residential Specialty
Code Updates Regarding Wildfire Hazard Mitigation
BOCC MEETING AUGUST 28, 2023 PAGE 2 OF 5
Kyle Collins said on October 1 St, updates to section R327 of the Oregon Residential
Specialty Code (ORSC) will take effect. Because section 15.04.085 of the Deschutes
County Code references ORSC section R327, the forthcoming updates to the ORSC
may have unintended consequences for residential development in Deschutes
County. Collins explained that the ORSC updates would broadly expand the current
prohibition on wood shake roofs to also affect siding, other roofing materials,
ventilation and other components of new residential construction.
To address this, staff has proposed a minor update to Deschutes County Code
section 15.04.085 to maintain the status quo, which would entail clarifying that this
provision applies only to the current prohibition on wood shake roofs which has
been in place since 2000.
Peter Gutowsky, Community Development Director, said if DCC section 15.04.085 is
not amended before October 15Y, the updated ORSC section R327 will require that
every new dwelling permitted after October 151" be fire -hardened. He added that
the proposed amendment to Deschutes County Code does not have to go before
the Planning Commission for review and recommendation because section
15.04.085 is in the Building Code and does not affect land use regulations.
Collins said staff will schedule a public hearing on September 13t" on this matter and
present an ordinance to the Board for its consideration and adoption by or before
September 27t"
OTHER ITEMS:
Commissioner Chang spoke to the possibility of using the Gales property by
the Hamby roundabout for a managed outdoor shelter, if the State allows.
He asked about possibly rezoning this property from EFU to MUA-10 to
reduce political or legal challenges, saying that HB 2006 might permit uses on
land zoned rural residential which are not permitted on land zoned EFU.
Commissioner Adair noted that the Governor's office supplied a list of 23
properties to consider for a managed outdoor shelter, all of which are within
the UGB. Six of the properties are between five and 15 acres in size.
Commissioner Chang said Deschutes County should take an active role in
this matter and asked if the County might be allowed and/or willing to pay
for a soil survey for the Gales property.
BOCC MEETING AUGUST 28, 2023 PAGE 3 OF 5
Peter Gutowsky, Community Development Director, was concerned about a
potential conflict of interest since all Comprehensive Plan amendments and
rezone changes involving EFU property are required to go before the Board.
Dave Doyle, County Counsel, said the Board could designate the Hearings
Officer as the final decision maker for this purpose.
Commissioner Chang expressed interest in directing staff to conduct an
analysis of the possible benefits of this course of action along with potential
legal or other challenges that could arise. Commissioner DeBone supported
remaining independent and allowing the private property owner to pursue a
rezone if desired. Commissioner Adair did not support the County paying for
a soil study on this property.
Commissioner DeBone shared a request from the La Pine Community Health
Center for a letter of support from the Board as it applies for a federal
service area competition grant to assist its provision of primary health care
and enabling services to rural patients.
ADAIR: Move to approve Board signature of a letter supporting the application of the
La Pine Community Health Center for a federal service area competition
grant
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone noted the Board will schedule its September 201n
meeting to accommodate the FAN Partner lunch that day.
Commissioner Chang added that the REDI Board will hold its annual retreat
later in the afternoon that same day.
Stephanie Robinson, Grants & Operations Specialist, distributed a draft slide
deck for tomorrow evening's opening session of County College for the
Board's review.
EXECUTIVE SESSION:
At 2:36 pm, the Board recessed into Executive Session under ORS 192.660 (2) (d) Labor
Negotiations.
At 3:22 pm, the Board exited Executive Session to take the following action:
BOCC MEETING AUGUST 28, 2023 PAGE 4 OF 5
CHANG: Move to direct staff to proceed with issuing an RFP for a consultant to
conduct a wage study for positions in AFSCME and non -represented
positions
ADAIR: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 3:23 p.m.
DATED this JJDay of 2023 for the Deschutes County Board of Commissioners.
ATTEST:
RECORDING SECRETARY
ANTHONY DEBONE, CHAIR
bAU��N
PATTI ADAIR, VICE CHAIR
2!�2 i S
�/� x,
PHIL CHANG, COM ISSIONER
BOCC MEETING AUGUST 28, 2023 PAGE 5 OF 5
�J-res c
O
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
Subject: Date:
Name 4 W a ie .g V
Address 3 t 7 : I4 Z
r2�
Phone #s ;Ty
E-mail address ,N ,0116 a r ,� N (2 a & (_ ; e=
In Favor Neutral/Undecided Opposed
v
Submitting written documents as part of testimony? Yes SNo
If so, please give a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
BOARD OF
COMMISSIONERS
MEETING DATE: August 28, 2023
SUBJECT: Presentation: Four Rivers Vector Control District Annual Work Program
RECOMMENDED MOTION:
N/A; information only
BACKGROUND AND POLICY IMPLICATIONS:
Representatives from the Four Rivers Vector Control District will present the district's
annual work program and related updates to the Board.
BUDGET IMPACTS:
None
ATTENDANCE:
Rodney Dieckhoff, Board President
Myles Bowlin, Operations Manager
Sierra Dieckhoff, Office Manager
MEETING DATE:
BOARD OF
COMMISSIONERS
August 28, 2023
SUBIECT: Work Session to provide overview in advance of public hearing to consider
proposed amendments to DCC 10.05 relative to signs placed within County road
right-of-way.
RECOMMENDED ACTION:
Proceed with public hearing on August 30, 2023.
BACKGROUND AND POLICY IMPLICATIONS:
Staff at the Road Department have been forced to manage/police the placement of signs
within county road right-of-way, This becomes an especially time-consuming activity around
election events. The proposed amendments will bring Deschutes County into alignment with
ORS 368.942 which disallows the placement of political signs within public right-of-way.
BUDGET IMPACTS:
Anticipate to realize savings of staff time and vehicle use.
ATTENDANCE:
Road
Legal
MEMORANDUM
To: Board of County Commissioners
From: Cody Smith, PE, County Engineer/Assistant Road Department Director
Date: August 24, 2023
Subject: Proposed Amendments to DCC 10.05 — Right of Way Signs
Oregon Revised Statutes (ORS) provide the following regarding the placement of signs other than traffic
control devices within county road rights of way:
ORS 368.942 Posting notices, signs or pictures on structures within county road right of way
prohibited. Except as provided in ORS 368.950, no person may paste, paint, brand or in any
manner whatever place or attach to any building, fence, gate, bridge, tree, rock, board, structure
or anything whatever within the limits of the right of way of any county road any written, printed
or painted advertisement, bill, notice, sign, picture, card or poster, except within the limits of any
incorporated city through which the county road runs.
ORS 368.945 Authority of county road official to remove unlawfully posted matter. A county
road official may lawfully remove or destroy, without resort to legal proceedings, any
advertisement, bill, notice, sign, picture, card or poster placed in violation of ORS 368.942.
ORS 368.950 Applicability of ORS 368.942 and 368.945. ORS 368.942 and 368.945 do not apply
to:
(1) The posting or maintaining of any notice required by law to be posted or maintained; or
(2) The placing and maintaining, within the limits of the right of way of any county road, of.•
(a) Signs approved by the county governing body and giving information about scenic,
historical, resort or recreational areas;
(b) Signs approved by the county governing body and giving information about community or
civic enterprises of a noncommercial nature, or the proximity of tourist facilities, directions or
distances for the information of the traveling public;
(c) Facility location signs of a public utility or telecommunications utility, when such signs are
approved by the county governing body;
(d) Benches utilized as outdoor advertising signs, if approved by the county governing body;
or
61150 SE 27thStreet Bead, Oregon 97702
(5 41 ) 388-6581 1 road@deschutes.org Iwww.deschutes.org
(e) Outdoor advertising signs on bus shelters erected or maintained for use by and
convenience of customers of a mass transit district, a transportation district or any other public
transportation agency, when such signs are approved by the county governing body.
368.955 Posting notices, signs or pictures within view of county road on property of another
without consent prohibited. No person may paste, paint, brand or in any manner whatever
place or attach to any building, fence, gate, bridge, tree, rock, board, structure or anything
whatever on the property of another within view of a county road, without the written consent
of the owner or person entitled to possession of such property, any written, printed or painted
advertisement, bill, notice, sign, picture, card or poster.
Deschutes County Code (DCC) 10.05 provides requirements and procedure for the permitting and
placement of temporary activity signs and tourist and motorist -oriented directional signs within public
road rights of way under Deschutes County's jurisdiction. Inexplicably, DCC 10.05.040 allows for the
permitting of political signs as temporary activity signs within a public road right of way.
Road Department staff find that the permissibility of political signs within public road rights of way
under Deschutes County Code and the burden for the Department to administer this program are
extremely problematic for several reasons:
• Road User Safety Concerns - The improper placement of temporary activity signs along a road
can compromise the safety of road users by interfering with traffic control devices, restricting
sight lines, or causing distraction. Political campaign signs comprise virtually all of the
temporary activity sign permits issued by the Road Department and have created numerous
road safety concerns in recent years.
Lack of Statutory Authority — Road Department staff do not believe that ORS 368.950 gives a
county governing body the authority to permit the posting of political signs in public rights of
way under their jurisdiction. Temporary activity signs authorized under the statute include signs
" .. giving information about community or civic enterprises of a noncommercial nature."
Residual Property Rights — Road rights of way under Deschutes County jurisdiction generally
consist of easements for public ingress and egress over land, leaving certain residual property
rights with owners of underlying or abutting property (see ORS 93.310(4), ORS 271.140, and ORS
368.366. Temporary activity signs within these rights of way can be problematic when the
underlying or abutting property owner does not consent to the placement of a sign that is not
an official traffic control device or that is not otherwise necessary to meet the needs of road
users (i.e., political signs). Further, ORS 368.955 prohibits the placement of such signs within
view of a county road without the consent of the property owner. Road Department staff assert
that this would include consent by an abutting property owner whose fee ownership generally
extends to the centerline of a public road right of way.
• State and Countywide Inconsistency - Deschutes County appears to be the only public road
agency in Oregon that permits political signs in their rights of way. The County's current
permitting of political signs within public rights of way is inconsistent with rules and messaging
from all other public road agencies in Deschutes County and Oregon who actively prohibit
political signs on their rights of way.
Page 2 of 3
• Administration and Enforcement —The administration, monitoring and, regulation of political
campaign signs in the public rights of way takes up significant capacity of Road Department staff
in the weeks prior to elections. Issues include;
o Mediating matters related to visually -conflicting political signs among opposing
campaigns;
o Opposing campaigns checking the status of each other's permits;
o Property owners upset about signs located along their frontage;
o Other road agencies requesting intervention for signs placed at the intersections of their
roads and county roads.
With these reasons in mind, Road Department staff are proposing a text amendment to DCC 10.05 to
remove the permissibility of political signs within the public right of way.
Additionally, the proposed text amendment for DCC 10.05 includes modernization of other portions of
the code chapter to clarify procedures for permitting of temporary activity signs and tourist/motorist —
oriented directional signs.
Page 3 of 3
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 10.05, Right of Way
Signs, of the Deschutes County Code. * ORDINANCE NO. 2023-020
WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through
ordinance by Deschutes County and the Deschutes County Board of Commissioners; and
WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the
DCC; and
WHEREAS, staff from the Road Department have identified a need to amend DCC 10.05 to further
identify the types of signs that may be authorized for placement within county road right-of-ways; and
WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed public hearing August 30, 2023, and determined that DCC 10.05 should be amended; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 10.05 is amended to read as described in Exhibit "A," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
n+-ilietli gh
Wig**•
Section 2. ADOPTION. This Ordinance takes effect 90 days after its adoption.
1H
PAGE I OF 2 - ORDINANCE NO.2023-020
Dated this of , 2023 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Date of 1 st Reading: 30th day of August, 2023.
ANTHONY DeBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Commissioner
Date of 2nd Reading: 131h day of September, 2023.
Commissioner
Patti Adair
Phil Chang
Anthony DeBone
Effective date: 131h day of December, 2023.
Record of Adoption Vote
Yes No Abstained Excused
PAGE 2 OF 2 - ORDINANCE NO.2023-020
EXHIBIT A
(To Ordinance No. 2023-020)
CHAPTER 10.05 RIGHT OF WAS' SIGNS
10.05.010 Introduction
DCC Chapter 10.05 is enacted to establish standards and procedures for signs to be installed and maintained
within public rights of way which fall under the jurisdiction of the Board of County Commissioners, and
which are necessary to meet the needs of the motorist in locating public recreational facilities and services
open to the general public. DCC Chapter 10.05 shall be known as the Deschutes County Road Right of
Way Sign Ordinance.
HISTORY
Adopted br Ord. 90-011 § 1 on 11211991
Amended by Ord. 95-034 § 1 on 511711995
Amended by Ord. 2020-005 § 1 on 11112021
10.05.020 Definitions
The following definitions apply as set forth in DCC 10.05.020.
"Administrator" means the Road Department Director or the designee for Deschutes County, Oregon.
"Applicant" means a person or entity applying for a permit to place signs, logos or sign panels or
supplemental sign panels within the right of way.
"Business sign (Logo)" means a separately attached sign mounted on the sign panel to show the brand,
symbol, trademark or name, or combination thereof, of services available.
"Directional information" means the name of the business, service or activity, qualified historical feature
or qualified cultural feature and other necessary information to direct the motoring public to the business,
service or activity, placed on a tourist -oriented directional sign.
"Directional sign" means a sign identifying and containing directional information to one or more public
services, to natural phenomena or historic, cultural, scientific, educational or religious sites or facilities, or
to recreational facilities open to the general public, including marinas, boat ramps, camping facilities and
day recreation facilities.
"Erect or construct" means to construct, build, assemble, place, affix, attach, create, paint, draw or in any
way bring into being or establish.
"Maintain" includes painting or routine repairs necessary to maintain the sign in a neat, clean, attractive
and safe condition, and the term includes allowing to exist.
"MUTCD" means the Manual on Uniform Traffic Control Devices.
"Qualified motorist business" means a business furnishing gas, food, lodging or camping which has met
the requirements of these regulations for the placement of a logo on a sign panel or supplemental sign panel.
"Reconstruction" means replacing a sign totally or partially to increase its size or performing any work,
except maintenance work, that alters or changes a sign.
"Responsible operator or owner" means the owner in fee simple or a person or entity who operates a
motorist business and who has authority to enter into an agreement relative to matters covered by nC C
1 a.05:
"I2i ht of w means the area between the boundaryliii.e.s of_.a_street,._road.o.r othernub. ic_easement.under
the3utt5diction of the .Board of County Commissioners.
"Sign panel" includes "motorist informational signs," "specific intonnational panes antA "'togo big,ib"
"Tourist -oriented directional sign." means a sign panel with the name of a qualified tourist -oriented business,
service or activity, or qualified historical feature or qualified cultural feature together with directional
information erected in advance of or at an intersection.
"Traffic Control Device" means all signs, signals markings and other devices used,tomate warn, or
ug ide traffic, placed on, over, or adiacent to a street _hhighway. Pedestrian facility, bikeway or private road
oven topublie travel by authority of a public agency,
"Trailblazer" means a small sign panel with the type of motorist service offered and the name, direction
and distance to the qualified motorist business.
_,_IM_e I signs"- means Qualified Motorist Business. si ng, s cons istin of tour route sjggs tourist information
si ns public facility and service signs conunercial businesses offering food, gas, lodging ,or cam_pin
services
• historic location suns; federal state and local recreational and facility signs;_ a_nd nonprofit
institutions, including churches and civic organizations.
"Type II signs" mearrs�ualified Tourist -oriented Business signs identifying any legal, cultural, historical,
recreationaleducational or entertaining activit r�or a unique or unusual commercial or nonprofit activity
the mayor portion of whose income or visitors are derived during its_normal business season from motorists
not residing in the immediate area of the activity,
HISTORY
Adopted by Ord. 90-011 §1 on 11211991
Amended by Ord. 95-034 §1 on 511711995
AmendedbyOrd2023-02aj on_9/13/2023
10.05.030 General Requirements
Ex_..xcent for those signs which are approved by thv Administrator pursuant to DCC 10.05.060 and exxeot for
si that are,exem�ted under DCC 10.05,040. a person may not erect or maintain a sign or sign anel on
Countv rielit of way.
HISTORY
Acfonted by Ord. 2(123-02(a b'1 on 9113/2023
10.05.040 Exemptions.
The followin signs are exempted from the requirements of DCC 10._05.030:
A. Those traffic control devices that are recfuired for traffic control and safety included.in the MUTCD
as determined by the Administrator.
B. Directional_sigms for temporary activities that are rated a pen -nit by the Administrator lasting less
than 14 days which otherwise are in compliance with the terms of this ordinance, including parades,
fun runs, bicycle oP t?edestrian contests, or_specg aublic functions.
C._I I and Type II suns that are, granted a uennrit b the Administrator.
HISTORY
Adopted by Ord. 90-01 1§1 on 1/2/1991
Amended by Ord. 95-034 §I on 5/17/1995
Amended by Ord. 2023-029JI on 9/13/2023
10.05.030-050 Prohibited Uses
A sign or sign panel exempted under_DCC_10 05.040 tnay not be erected or maintained if it:
A. Interferes with, imitates or resembles any official traffic control sign, signal or device, or attempts
or appears to attempt to direct the movement of traffic.
B. Prevents the driver of a motor vehicle from having a clear and unobstructed view of official traffic
control signs and approaching or merging traffic.
C. Contains, includes or is illuminated by any flashing, ;n to ;ttent, rpuniv:na rntatino or mnvina
lights, or moves or has any animated or moving parts._This_subsection _does not_._ao traff c
control devices.
D. Has any lighting, unless such lighting is so effectively shielded as to prevent beams or rays of light
from being directed at any portion of the main traveled way of a road, or is of such low intensity as
not to cause glare or to impair the vision of the driver or otherwise to interfere with the operation
thereof.
E. Is located upon a tree or painted or drawn upon a rock or other natural feature.
F. Advertises or calls attention to an activity or attraction no longer carried on.
G. Advertises activities that are illegal under any state, federal or local law applicable at the location
of the sign or of the activities.
1-1. Is not maintained in a neat, clean and attractive condition and in good repair as determined by the
Road Department Director or his designee.
I�Is not able to withstand a wind pressure of 20 pounds per square foot of exposed surface.
+ J_Is on a_v_ehicle or trailer. This subsection does not_applx_to a._yeliicle_or_trailer_t}sed for transportation
by the owner ot_.person,.in control of the .properi ,
JX.Does not meet the requirements of DCC 10.05 or the MUTCD.
HISTORY
Adopted by Ord. 90-011 §1 on 11211991
Amended by Ord. 95-034 §1 on 511711995
Amended and Renumbered btu Ord. 2023-020 $1 on 9/1312023
10.05.040 Exemptions
Those traffies.9!1Ttt at o ed for- traffictieontFel-c`inEl„'Sii 4y in -iWe in the Trr�� irr�t 'c� D.
.�.-tlltit-wefe .,^t�,l ., ,it under th-e
nee.
Temporary aetivilly
f {�Tlil�iiai3L' i#t-9i4lie t�'i`nK-.r ii'riz .tncaiiiai'cic-4fie4tiding paradess,-�i�ii' ri#cri t.: .1,-, edest,fmn
e0iit-e-its poliiieal srgii`i.f�I�.SIi(aC c11 it fcm�cicii�
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i�f�ti�lcit 16t3S
` ---, - b , eu4uh, ,-'-mire-nc-ioiicri,
ffl-lor poi4ion of whose ineeffle or- visitafs A-". 1 during iis nomial business season ffom
. area vrthe ucci=v-iry.
I=I-1-STORY
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Arxc�t�flE�-E?t� Eard: �1�=f134 y�4 f�n_.3a'�-7�� 99�
10.05.060 Application Process —1'vpe I and Type 11 SiVns
A. Application for a Type I or Type II sign shall be made in writing addressed to the Road F�rent
OregonA It may be in letter form or on a form prepared
for such purpose by the department. Information contained shall include the following: the name,
address and telephone number of the owner or operator of the business or service for which the
sign is intended; the reason for the sign; a description of the location(s) for the sign; a description
of the information requested on the sign; and be accompanied by the appropriate application fee.
Each business applicant shall also submit a copy of the business' land use permit. The Administrator
shall notify the appropriate Planning Director of the application and request review and comment
on the application.
B. Within 30 working days from the date of receipt of the request for a sign, the Administrator shall
respond in writing to the applicant as to the adequacy of the information received. Requests for
signs that do not comply with the provisions of DCC 10.05 shall be denied by the Administrator.
If the application is denied, the Administrator shall cite the appropriate section of the ordinance or
MUTCD pertinent to the application.
C. Each application shall be accompanied with the appropriate fee for processing. If the application is
approved, the applicant shall make arrangements to have the department install the sign and pay
the required costs for materials, labor and travel. Payment of such costs and execution of a
maintenance agreement, along with not less than two year's maintenance fees, shall be made in
advance.
D. If the application is denied, the applicant may appeal the decision as provided in DCC 22.
HISTORY
Adopted by Ord. 90-011 fi 1 on 11211991
Amended by Ord. 95-034 § 1 on 511711995
Antended by Ord. 2023-020„j1 on 911312023
10.05.070 Composition— Type I and Type 11 Sims
All signs installed under the terms of DCC Title 10 shall be in compliance with the MUTCD;
A. Sign panels shall have a blue background with a white reflectorized border for all signs, except
historical, cultural and recreational which shall have a brown background.
B. Logos shall have a blue background with a white legend and border. The principal legend should
be at least equal in height to the directional legend on the sign panel. Where business identification
symbols or trademarks are used alone for a logo, the border may be omitted, the symbol or
trademark shall be reproduced in the colors and general shape consistent with customary use and
any integral legend shall be in proportionate size. Messages, symbols and trademarks which
resemble any official traffic control device are prohibited. The vertical and horizontal spacing
between logos on sign panels shall not exceed eight inches and 12 inches respectively.
C. All directional arrows and all letters and numbers used in the name of the type of service and
directional legend shall be white and reflectorized.
D. Each logo shall be contained within a 24-inch wide and 18-inch high rectangular background area,
including border.
E. All letters used in the name of the type of service on the sign panel shall be four -inch capital letters.
P. Tourist -oriented directional signs shall have a blue reflectorized background with a white
reflectorized border and message. The intersection sign shall not exceed 18 inches in height and 72
inches in length, and shall have not more than two lines of legend, including a separate direction
arrow and the distance to the facility to the nearest one -quarter mile. The content of the legend shall
be limited to the identification of the business and shall not include promotional advertising as
determined by the Administrator.
i4j .
A six-inch letter height shall be used. Advance tourist -oriented directional signs shall be the same
as intersection tourist -oriented directional signs, except that in lieu of the directional arrow and
mileage, the sign shall include the directional word information "ahead" or "next left" etc. as may
be required.
G:11. All directional arrows, letters and numbers used in the name of the type of service and the
directional legend shall be white and reflectorized.
l.Tourist-oriented directional signs are to be located at intersections.
173. 'Notwithstanding the fact that a tourist -oriented business meets all of the eligibility requirements of
this ordinance and applicable provisions of the Deschutes County Code, an application may be
denied if it is determined, after investigation by the Administrator, that adequate direction to the
business cannot be given by a reasonable number of allowable tourist information directional signs.
HISTORY
Adopted bJ, Orel. 90-011 §1 on 11211991
Amended b.V Ord. 95-034 §1 on .511711995
Amended by Ord. 2023-020 V on 9113/2023
10.0.5.080 Fees; Installation And Maintenance —Type I and Type 11 Sims
A. All Type I and Type II signs, except city, county, state and federal directional and information
signs, shall be required to reimburse the County for the actual costs of processing the application
and the material and labor required to construct, purchase, locate, install and maintain a sign for an
applicant. A fee schedule shall be adopted each budget year which sets forth the department's fees
which shall apply until replaced by a new fee schedule.
B. All Type I and Type II signs shall be installed, maintained and removed by the County in
accordance with the MUTCD and DCC 10.05.
HISTORY
Adopted hip Ord. 90-011 §1 on 11211991
. menat a'ny Ura' v'.f4S,; §/ (w
Amended 12 Ord.,.?023-020_§ on911312023
10 05 090 Criteria For Specific Information Panels-- Type I and Type II Sims
A. Each qualified motorist business identified on a sign panel shall have given written assurance to
the Administrator of its conformity with all applicable laws concerning the provisions of public
accommodations without regard to race, religion, color, sex or national origin, and shall not be in
breach of the assurance.
B. The types of service permitted shall be limited to: "Gas," which shall include fuel, oil, tire repair,
air and water, restroom facilities, drinking water and telephone, with continuous operations for a
minimum of 12 hours a day, six days a week. "Food" shall include, continuous operations for a
minimum of 12 hours a day, six days a week, restroom facilities and telephone, with the primary
business of providing meals. "Lodging" shall include, adequate sleeping accommodations, modern
sanitary facilities and drinking water. "Camping" shall include, adequate parking accommodations,
modern sanitary facilities and drinking water.
C. Panels shall be in the direction of traffic. Successive sign panels shall be those for "camping,"
"lodging," "food," and "gas," in that order.
D. Riders with the words "diesel" or "LP gas" or a rider containing both may be placed on a sign panel
underneath any gas logo if the qualified motorist service business has diesel or LP gas available
during its hours of operation. Such rider shall be 35 inches long and seven inches high with six-
inch letters. The color shall be blue with white letters. The combination rider shall be 52 inches
long and seven inches high with five -inch high letters.
E. Each qualified tourist -oriented business identified on a tourist -oriented directional sign shall have
given written assurance to the Administrator of its conformity with all applicable laws concerning
the provisions of public accommodations without regard to race, religion, color, sex or national
origin, and shall not be in breach of that assurance.
F. Except for undeveloped cultural and historic features, a qualified tourist -oriented business shall
have restroom facilities and drinking water available; continuous operation at least six hours per
day, six days a week during its normal business season; a license where required; and adequate
parking accommodations.
HISTORY
Adopted by Ord 90-011 §1 on 1211991
Amended by Ord. 95-034 §1 on 511711995
Amended by Ord_ 2023-020 _V on 911312023
10.05.100 Spacing Of Signs And Panels— Tyne I and Type II Signs
Spacing of sign panels and the placement of directional signs shall be in accordance with the MUTCD and
in the judgment of the Administrator. In any case, the number of signs, including directional signs, shall be
the minimum necessary to enable a motorist to locate the tourist -oriented business or to locate the public
service.
HISTORY
Adopted by Ord. 90-011 §1 on 11211991
Amended by Ord. 95-034 §I on 511711995
Amended by_O^d_^2023-02D Q1 on 91112023
10.05.10510 Application Process —Temporary Directional Signs
A. A lication for a _tqu ozgdirectional sign. shall be made it %rn addressed to die Administrator.
It rnay, be in letter form or on a._form prepared., for such Purpose by the Department.IInfonnation
contained shall include the following: the tiglpe, address and telephone number of the coordinator of
the activ_it-for which the sign is intended; the reason for the sign• a description of the location s for
thetlte ssi n. a..._description of the infoznxation requested on the sign; and_ be accompanied by ethe
rapplication fee. Each. applicant shall also submit a copy of the land use permit or special
eygiLp nnit, if a lip cable. The Administrator shall notify the a Epp opriate Planning Director of the
application and rectuest review all comment on theMplicatiozi if applicable.
B. _ Within 30 jvorkjjjg_4ays from the date of receipt of the rec_._iuest..,for, a sign,the Administrator shall.
reMond in wdti�_to the applicant qs to the,addee — c�of the ii�formation,received. Reqquests fnr si rns
that do not ggpMly Nv_ th the�rovisions.of DCC__10.05 shall -be denied by.__the, mAdministrator. __If the
application is denied �trte ldncinist�•ator shall cite the ipprop.*iate _section, of�the .ordinance or MUTCD
pgr inent to the Wplication.
C. -..-Each avolication shall be
accompanied with the
D.hepicatant mayp�earlotlhdttec_fieeseien as
sp_Erorocevsidsieprovided DCC 22.
_f
HISTORY
LI&T -_ _ by Ord. 2023-020 ys l._o�r 9/Li, ZQ 3
10.05.110 Violation: Penalty
A. Any person, firm or corporation erecting, constructing, reconstructing or maintaining a-�ss
sign tiaill�laet-OF temporary fletivity-
sign in
violation of the provisions of DCC 10.05 constitutes a Class A violation and shall be punishable
upon conviction by a fine of not more than $500.00.
B. Each day of a violation described in DCC 10.05.110(A) constitutes a separate offense and is
punishable as a continuing violation under DCC 1.16.
HISTORY
Adopted by Ord. 90-011 §1 on 11211991
Amended by Ord. 95-034 §1 on 511711995
Amended by Ord. 2003-021 §22 on 41912003
Amended by Ord._2023-020,§ onn? 1312023
10.05.120 Nuisance Declared, Removal
A. Any sign maintained in violation of DCC 10.05 constitutes a nuisance.
B. Nothing in DCC 10.05 shall be construed to limit the authority of the County Road Official pursuant
to ORS 368.945.
HISTORY
Adopted by Ord. 90-011 §1 on 11211991
Amended by Ord. 95-034 §1 on 511711995
BOARD OF
COMMISSIONERS
MEETING DATE: August 28, 2023
SUBJECT: Discussion: Local Wildfire Hazard Zone and Oregon Residential Specialty Code
Updates Regarding Wildfire Hazard Mitigation
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
On October 1, 2023, the State Building Codes Division will be updating the R327 section of
the Oregon Residential Specialty Code (ORSC). Given existing provisions in section
15.04.085 of the Deschutes County Code, the forthcoming updates to the ORSC may have
unintended consequences for residential development in Deschutes County in the period
before official adoption of the State Wildfire Hazard Map mandated by Senate Bills 762 and
80. Staff requests direction from the Board of County Commissioners on next steps.
BUDGET IMPACTS:
None
ATTENDANCE:
Kyle Collins, Associate Planner
Peter Gutowsky, Community Development Director
MEMORANDUM
TO: Board of County Commissioners
FROM: Kyle Collins, Associate Planner
Krista Appleby, Assistant Building Official
Peter Gutowsky, Community Development Director
DATE: August 28, 2023
SUBJECT: Local Wildfire Hazard Zone and Oregon Residential Specialty Code Updates Regarding
Wildfire Hazard Mitigation (R327)
I. BACKGROUND
In 2001, the Deschutes County Board of Commissioners (Board) adopted Ordinance 2001-024
establishing a local Wildfire Hazard Zone. The relevant wildfire mitigation standards and references
of this zone were subsequently amended in 2011 pursuant to Ordinance 2011-022. The currently
adopted Wildfire Hazard Zone includes all unincorporated areas of Deschutes County. Deschutes
County's Wildfire Hazard Zone is separate and distinct from ongoing efforts to produce a Statewide
Wildfire Hazard Map pursuant to Senate Bills (SBs) 762' and 802. The standards for the County's local
map are located under Title 15, Buildings & Construction, in Section 15.04.0853 of the Deschutes
County Code (DCC).
The relevant code sections state the following:
15.04.085 Wildfire Hazard Zones
1. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas
map on file with the County Clerk.
2. Adoption of the Wildfire Hazard Areas map implements the provisions of the Wildfire
Hazard Mitigation Section of the Oregon Residential Specialty Code enforced pursuant to
DCC 15.04.010(A).
Under the current 2021 Oregon Residential Specialty Code (ORSC), Section R327 (which contains the
Wildfire Hazard Mitigation Section) only requires dwellings and accessory structures to comply with
specific roofing requirements found in Section R327.3.1.1 & R327.3.1.2. Broadly, the current ORSC
https://olis.oregonlegislature.gov/liz/202lRl /Downloads/MeasureDocument/SB762/Enrolled
z https://olis oregonlegislature.gov/liz/2023Rl/Downloads/MeasureDocument/SB80/Enrolled
3 https://deschutescounty municipalcodeonline.com/book?type=ordinances#name=15.04.085 Wildfire Hazard Zones
prohibits the construction of dwellings and accessory structures with wooden shake roofs. This same
prohibition has been in place since the initial adoption of the Deschutes County Wildfire Hazard Zone
in 2001.
II. CHANGES & CONCERNS
On October 1, 2023, a new 2023 ORSC becomes effective and Section R327 detailing Wildfire Hazard
Mitigation standards will be modified. Based on the language of DCC 15.04.085, the forthcoming
modified Section R327 will apply broadly across all of Deschutes County based on the existing County
Wildfire Hazard Zone. The modified R327 standards still apply to all dwellings and accessory
structures, but would now require a full list of fire mitigation items, including updated roofing
requirements, overhang projections requirements, deck/porch/balcony requirements, ventilation
requirements, and others. If no action is taken, citizens will encounter previously unrequired fire
mitigation regulations in Deschutes County for all residential development, greatly increasing
impacts to staff in a very short period of time to understand, review, and enforce new regulatory
standards while also attempting to educate citizens on the details of these new requirements.
The Board should be aware that based on SBs 762 and 80, once the Statewide Wildfire Hazard Map
is approved by the Oregon Department of Forestry (ODF), the complete R327 standards of the ORSC
will apply more broadly throughout the County based on each individual property's wildfire hazard
classification. Properties ultimately identified as having a "High" hazard classification and located
within a designated Wildland Urban Interface (WUI) will be subject to additional residential fire
mitigation standards. However, at this time, nojurisdictions are mandated to implement all standards
included in R327 prior to release of the Statewide Wildfire Hazard Map.
Should the Board wish to maintain the current status quo on fire mitigation requirements (i.e.
prohibitions on wooden shake roofs), DCC 15.04.085(B) will need to be updated with more specific
language regarding the roof requirements of R327. Additionally, the Board will likely have to revisit
DCC 15.04.085 again once the Statewide Wildfire Hazard Map is approved by the Oregon Department
of Forestry (ODF) sometime in 2024.
III. PROPOSED ACTIONS
Staff proposes amendments to Section 15.04.085 to maintain the current fire mitigation standards
for residential development during the interim period when the forthcoming Section R327 updates
are released, but before the Statewide Wildfire Hazard Map is finalized. In consultation with the
Building Safety Division, staff proposes the following code amendments4:
15.04.085 Wildfire Hazard Zones
1. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas map
on file with the County Clerk.
4 Within the proposed amendments, added language is shown underlined and deleted shown as strikethrough.
Page 2 of 3
2. Adoption of the Wildfire Hazard Areas map implements the provisions of the R327 Roofing
Section 1.4161Afiro H;-;;z r1 Mitigation corrion of the Oregon Residential Specialty Code enforced
pursuant to DCC 15.04.010(A).
IV. BOARD REQUEST
Staff requests direction from the Board on how to proceed given the issues identified.
Attached to this memorandum is:
• The 2023 Oregon Residential Specialty Code (ORSC) Section R327
Page 3 of 3
NUT ,S E
4
4 .®
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2..a
August 28, 2023
Administrator Carole Johnson
Health Resources & Services Administration
5600 Fishers Lane
Rockville, MD 20857
BOARD OF COUNTY COMMISSIONERS
RE: Support for La Pine Community Health Center Service Area Competition Grant
Dear Administrator Johnson,
We are writing to strongly support La Pine Community Health Center (LCHC), for the Public Health
Service Act, Section 330 Service Area Competition Grant. The continuation of this grant will provide
funds for the community health center in La Pine, Oregon that serves residents of South Deschutes,
North Klamath and North Lake Counties.
LCHC provides primary health care and enabling services to over 6,000 rural patients in a tri-county
service area of over 20,000 people and has the potential to serve many more members of this large
geographic area.
Deschutes County has enjoyed collaborating with LCHC for several years. We have partnered with LCHC
on serving the people of our area in health related needs for underinsured patients. The work that
LCHC staff and members of these communities continue to do is a testament to LCHC's mission to
improve the lives and health of individuals and families, including the low-income, uninsured, and
underinsured.
We support LCHC's grant application and strongly encourage your funding support of this important
work.
Thank you for your consideration,
The Deschutes County Board of Commissioners
Anthony DeBone Patti Adair Phil Chang
Chair Vice Chair Commissioner
1300 NW Wall Street Bend, Oregon 97703
(541) 388-6572 board@deschutes.org @www.deschutes.org
����vT E S e'61
BOARD OF
-�. P COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
1:00 PM, MONDAY, AUGUST 28, 2023
Allen Room - Deschutes Services Building - 1300 NW Wall Street - 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@desc.h.utes.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 via Zoom from a computer, use this link: http://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.
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
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.
AGENDA ITEMS
1. 1:00 PM Presentation: Four Rivers Vector Control District Annual Work Program
2. 1:20 PM Work Session: Proposed amendments to County Code relative to signs
placed within the public right-of-way
3. 1:50 PM Discussion: Local Wildfire Hazard Zone and Oregon Residential Specialty
Code Updates Regarding Wildfire Hazard Mitigation
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.
4. Executive Session under ORS 192.660 (2) (d) Labor Negotiations
ADJOURN
August 28, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2