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2023-317-Minutes for Meeting August 23,2023 Recorded 9/28/2023wh`\Xv'(E S CpG2� BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 9:00 AM Recorded in Deschutes County C J2023_317 Steve Dennison, County Clerk Commissioners' Journal 09/28/2023 4:58:32 PM 2023-317 FOR RECORDING STAMP ONLY BOCC MEETING MINUTES WEDNESDAY August 23, 2023 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were Acting County Administrator Whitney Hale; Assistant County Counsel Kim Riley; 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 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: Following discussion, a majority of the Board agreed to hear citizen input on the topics of mule deer and the County's mule deer overlay process. Carl Shoemaker said mule deer, which migrate in seasonal cycles, are skittish and shy away from loud noises such as cars or machinery. He proposed that a wildlife crossing be built over Highway 97 between Bend and Redmond to ensure the safe passage of mule deer with the goal of protecting and enlarging herds. Karl Findley referred to the County's decision to abandon its mule deer overlay process, cited ongoing misinformation and lack of understanding, and said ODFW has experts who make recommendations and decisions based on science. Adding BOCC MEETING AUGUST 23, 2023 PAGE 1 OF 11 that the mule deer's winter range is crucial to the survival of the species, he said 90% of Deschutes County residents live within that winter range. Michael O'Casey spoke to the importance of mule deer to the community and shared his disappointment in the County's decision to abandon the overlay process. Saying that the mule deer population has declined over the last 20 years, he appreciated that ODFW was invited to share information on this subject. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. Approval of Resolution No. 2023-049 regarding right-of-way acquisitions for construction of road improvements on Powell Butte Highway and Butler Market Road 2. Approval of Behavioral Health Sponsorship for Oregon Recovers 3. Authorizing the extension of the Criminal Justice Commission's Restorative Justice grant to December 31, 2024 4. Consideration of Board Signature on letter reappointing Jeff Swan for service on the Black Butte Ranch County Service District Managing Board 5. Consideration of Board Signature on letter reappointing Rosemary Norton for service on the Black Butte Ranch Service District's Budget Committee 6. Consideration of Board Signature on letter thanking Steve Strang for eight years of service on the Deschutes County Public Health Advisory Board 7. Approval of the minutes of the July 24, 2023 BOCC meeting ADAIR: Move approval of the Consent Agenda as presented CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ACTION ITEMS: 8. Public Hearing on the proposed conveyance of property on Drafter Road in La Pine to Foundation for Affordable Housing BOCC MEETING AUGUST 23, 2023 PAGE 2 OF 11 Kristie Bollinger, Property Manager, explained that in 1987, the County acquired multiple properties on Drafter Road in La Pine through the tax foreclosure process for nonpayment of property taxes. Foundation for Affordable Housing (FFAH) has offered to purchase three of those properties for the development of affordable housing. Bollinger reviewed the specifics of the purchase offer and development proposal, saying the estimated 125 housing units will serve low- income seniors as well as other persons of qualifying incomes. In response to Commissioner DeBone, Bollinger said it is not yet known how the estimated $500,000 in gross proceeds from the sale will be distributed as a result of a recent Supreme Court decision. The public hearing was opened at 9:16 am. • Tommy Waldron, representing FFAH, said one of the 39-unit buildings will house seniors and the other two will be for families. He described the work done to date and said this project will contribute to the supply of affordable housing in La Pine. There being no one else who wished to testify, the public hearing was closed at 9:21 am. In response to Commissioner Adair, Bollinger said the real market value of the parcel at 52695 Drafter Road currently shows as zero because the Assessor's office does not typically value County -owned property. Commissioner Chang asked if the County could consider selling the properties at a lower price if the proceeds will not be distributed to various taxing districts as was formerly done with foreclosed properties. Assistant Legal Counsel Kim Riley said according to the recent court decision, any surplus funds realized in a sale of foreclosed property could potentially be returned to the person or entity which owned the property when it was foreclosed on. Thus, an argument might be raised if the properties are not sold close to their current market value then additional compensation may be owed to the former property owner. Bollinger added that FFAH commissioned an appraisal to determine the current value of the properties. Waldron confirmed that FFAH offered to buy the properties at a 20% discount from the appraised value. ADAIR: Move approval of Board Order No. 2023-034, designating the Deschutes County Property Manager Kristie Bollinger as the Deschutes County representative for the purpose of signing documentation to complete the sale of County -owned property BOCC MEETING AUGUST 23, 2023 PAGE 3 OF 11 located at 52721, 52711, and 52695 Drafter Road, La Pine, Oregon, 97739 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 9. Request for Proposals from Deschutes County Community justice Department for New Shelter and Housing Units for Male justice -Involved Individuals Trevor Stephens, Community Justice Business Manager, said following the receipt of a grant to create short-term shelter and longer -term housing options through a public -private partnership for individuals being supervised by Community Justice, the department seeks authorization to issue a Request for Proposals to select a provider. Stephens said in accordance with the State grant, the housing must be low barrier. He reviewed provider requirements that will be listed in the RFP along with sample questions and said the housing must be at least 1,000 feet away from a school or park. Heather Simes, Parole & Probation Officer, verified that it is difficult to supervise individuals in the absence of stable housing situations. CHANG: Move to authorize staff to issue Document No. 2023-751, a Request for Proposals for a new shelter and housing units for male justice - involved individuals ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 10. Deliberations: Repeal of the Conventional Housing Combining Zone Rachel Vickers, Associate Planner, said following the August 9t" public hearing on the proposed legislative amendments to repeal the Conventional Housing Combining Zone, one comment was submitted posing several questions, which staff answered. The Commissioners spoke to the history of the zone, which had been implemented in certain limited areas by petition. Commissioner Chang said the zone is discriminatory against low-income households. BOCC MEETING AUGUST 23, 2023 PAGE 4 OF 11 ADAIR: Move approval of the staff -initiated text amendment (file no 247-23- 00391-TA) to repeal the Conventional Housing Combining Zone CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ADAIR: Move approval of first and second reading of Ordinance No. 2023-019 by emergency order and title only CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Chair DeBone read the first and second reading of the ordinance by title only into the record. ADAIR: Move adoption of Ordinance No. 2023-019, amending Deschutes County Code Title 18, Chapter 92, to Repeal the Conventional Housing Combining Zone CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 11. Oregon Department of Fish and Wildlife Mule Deer Presentation Tanya Saltzman, Senior Planner, said following the Board's withdrawal of the mule deer inventory update project in June, the Board invited the Oregon Department of Fish and Wildlife (ODFW) to provide information on ODFW's research concerning the decline in the region's mule deer population. Andrew Walch, ODFW District Wildlife Biologist and Corey Heath, Deschutes Watershed Manager, explained ODFW's mission and role in land use along with its wildlife habitat mitigation policy, the goal of which is no net loss of habitat quality or quantity. Walch said because ODFW does not numerate wildlife populations according to county boundaries, it is not able to estimate the decline in the population of mule BOCC MEETING AUGUST 23, 2023 PAGE 5 OF 11 deer in Deschutes County proper; however, the State utilizes various methods to estimate population numbers over time in defined areas. Walch described the conditions which stress the population (drought, roadkill, disease, predation, disturbance, and habitat alteration and fragmentation) and what can be done about each, noting that the 70% annual survival rate for adult doe mule deer in the Deschutes herd range is the lowest in the state. Heath confirmed that the number of deer which do not migrate but live in populated areas year-round are especially declining and nowadays represent a fraction of former non -migrating populations. Commissioner Chang asked how the results of efforts which are undertaken to slow the population decline can be measured. Commissioner Adair appreciated the work being done to remove juniper and restore bitterbrush and native grasses, which are food sources for deer. 12. ARPA Updates and Funding Considerations Robert Tintle, Chief Financial Officer, said of the $38.4 million in ARPA funds awarded to the County by the federal government in 2021, approximately $5,159,829 remains to be allocated. He shared staff recommendations that the Board consider the following appropriations: • $1,625,000 for current obligations and projects already discussed by the Board to formalize the use of ARPA funds for eligible expenditures ($450,000 for Veterans Village operations; $300,000 for Veterans Village new cabins; $500,000 to assist with expanding the capacity of Redmond's wastewater treatment plant to accommodate Terrebonne; and $375,000 to fund the Coordinated Houseless Response Office through the end of 2026); • $2,000,000 to provide support services for future managed/supportive homeless camps; and • Up to $1,000,000 to reimburse ARPA-eligible County expenditures already incurred. Laura Skundrick, Management Analyst, distributed a list of new community requests for ARPA funds which together total $4,037,493. Janice Garceau, Director of Health Services, presented requests for $174,000 in crisis client support and $1,101,045 for Public Health response and recovery efforts. Much of these funds would be used to retain three staff on the emergency preparedness team; other funding would be allocated to cover weekend shifts for crisis client support. BOCC MEETING AUGUST 23, 2023 PAGE 6 OF 11 Karen Prow, Director of Child Care Resources at Neighborlmpact, presented requests of $142,000 for childcare workforce development (the Pathways Program) and $530,000 for fast track teacher training. Rick Russell and Michele Cross, Mountain View Community Development, presented a request for $1,500,000 to help fund the creation of a managed RV park on nine acres of the East Redmond Homeless Campus next to Oasis Village. Cross explained this proposal envisions a public/private partnership between various organizations and agencies, including the City of Redmond. Commissioner Chang asked if this will be a low barrier shelter. Russell said it will not, and that persons residing in the RVs will pay rent. Commissioner DeBone commented that the County cannot proceed with the planned land exchange with DSL until homeless persons are cleared off of the County -owned property, which will require establishing alternate sites where people are authorized to relocate. In response to questions, CFO Tintle said if approved, the $2,000,000 allocation recommended by the Administration for supported/managed homeless eless camps would be available for use through the end of 2026. Robert Fish spoke to the request for $75,000 for seed funding of the Tumalo wastewater system conversion project. Skundrick listed the remaining requests, as follows: $190,000 for engineering and other services from Parametrix associated with establishing the Terrebonne wastewater system; • $25,000 for veterans counseling by The Shield; $121,472 for AEDs from the La Pine Rural Fire Protection District; $24,400 for Inspire Early Learning Centers; and $429,621 for a new childcare center in Sisters (April Farmer, applicant). Chair DeBone noted the consensus of the Board to take up the rest of the agenda items at this time and resume discussing this matter at 1:30 pm after the Board takes a lunch break (see page 10). 13. Deliberations on a request to vacate a portion of Schibel Road Commissioner Chang commented that the Board is being asked to determine the nature of the public interest in this portion of Schibel Road, which is difficult due to the competing interests of the involved parties. He noted that the County is BOCC MEETING AUGUST 23, 2023 PAGE 7 OF 11 not able to verify many of the claims made by the vacation proponents and those opposed to it, and referred to legitimate concerns raised by all parties. Commissioner DeBone stated he will support the finding of the Road Department that the vacation is in the public interest. He added that possible future access to affected properties may yet be negotiated between the property owners. Commissioner Adair noted that the property owners of tax lot 1901 supported the vacation and stated her agreement with the Road Department that this vacation is in the public interest. ADAIR: Move that the Board support the requested vacation of a portion of Schibel Road as presented DEBONE: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried County Engineer/Assistant Road Director Cody Smith said the Road Department will proceed with securing the required right-of-way dedication � which i was a condition of approval for the vacation; that dedication along with a formal order approving the vacation will be brought back to the Board for final action. 14. Deliberations of Hearings Officer decision on initiation of use involving a marijuana production facility in the 26200 block of Willard Road Avery Johnson, Assistant Planner, reviewed that the public hearing on this matter was held on August 9th, after which both the oral and written records were closed. He presented three options for the Board's decision, as follows: 1. Uphold the Hearings Officer's decision. 2. Modify the Hearings Officer's decision by finding that the present circumstance is unique because the proposed use, marijuana production facility, is no longer allowed. Therefore, in this specific circumstance, considering expenditures made prior to the land use approval is appropriate. 3. Overturn the Hearings Officer's decision by finding the unintended consequences to be significant, adopt staffs recommendation, and deny the initiation of use application. Commissioner DeBone supported modifying the Hearings Officer's decision in this unique instance, clarifying that he does not otherwise support initiated use before a land use decision is issued. BOCC MEETING AUGUST 23, 2023 PAGE 8 OF 11 Commissioner Chang agreed this is a unique case and wished that the County was able to impose a fine or penalty for initiated uses. CHANG: Move to modify the Hearings Officer's decision in this case and find that the present circumstance is unique because the proposed use —a marijuana production facility —is no longer allowed. Therefore, in this specific circumstance, considering expenditures made prior to the land use approval is appropriate. DEBONE: Second VOTE: ADAIR: No CHANG: Yes DEBONE: Chair votes yes. Motion Carried 2 - 1 15. Second reading of an ordinance amending Deschutes County Code relative to camping and other sleeping associated activity on public property David Doyle, County Counsel, reminded the Board that, if adopted, enforcement of this new section of County Code would be contingent on offering alternate sites that persons displaced from non -authorized sites could relocate to. He said if adopted by the Board today, the provisions would take effect in 90 days. Commissioner Adair referred to a letter received from Bend City Councilor Anthony Broadman stating that House Bill 2006 does not prohibit safe parking outside of Urban Growth Boundaries. Doyle clarified that this interpretation is not supported by State departments or the County's Legal or Community Development departments. In response to questions, Doyle said the ordinance could be challenged on its face after it is adopted, but he would not expect a challenge to be made unless and until it is applied. ADAIR: Move approval of second reading of Ordinance No. 2023-013 by title only CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Chair DeBone read the title of the ordinance into the record. BOCC MEETING AUGUST 23, 2023 PAGE 9 OF 11 AD.AIR: Move adoption of Ordinance No. 2023-013, amending Title 11.04, Public Use, of the Deschutes County Code CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried At 12:26 pm, the meeting was recessed for a lunch break. The meeting was reconvened at 1:31 pm to resume consideration of the ARPA updates and funding item. 12. ARPA Updates and Funding Considerations (continued from page 7) The discussion of ARPA updates and funding considerations was resumed. Chief Financial Officer Robert Tintle referred to the three separately identified ARPA contingency categories and said it is at the Board's discretion whether to retain these funds as currently categorized or move all or part of them into the category of general available ARPA funds. Cheryl Smaliman, Health Services Business Officer, spoke to the department's requests for $174,000 in crisis client support and $1,101,045 to retain three staff on the emergency preparedness team and said a reduced allocation of $647,000 would enable the retention of all three positions to December 31, 2025. ADAIR: Move approval of allocations of ARPA funding as follows: Veteran's Village operations: $250,000 Veteran's Village expansion: $300,000 Terrebonne wastewater system: $500,000 CHRO: $250,000 Managed/supportive homeless camps: $2,000,000 Public Health emergency preparedness staffing: $647,000 Neighborlmpact Childcare Workforce Development: $500,000 The Shield Veterans Counseling: $5,000 Neighborlmpact Food Warehouse Expansion: $150,000 Mountain View Transitional Shelter (RV site): $200,000 Parametrix Terrebonne Wastewater System: $190,000 Tumalo Wastewater System Conversion Seed Funding: $75,000 The remaining funds of $92,182 are to be utilized to reimburse Deschutes County for ARPA eligible costs already incurred. BOCC MEETING AUGUST 23, 2023 PAGE 10 OF 11 CHANG: Second VOTE: ADAIR: CHANG: DEBONE OTHER ITEMS: Yes Yes Chair votes yes. Motion Carried Commissioner DeBone reminded that he will speak at the Redmond Rotary tomorrow; planned topics include the siting process for a new landfill and the Oasis Village project. EXECUTIVE SESSION: Chair DeBone noted the consensus of the Board to postpone the scheduled Executive Session under ORS 192.660 (2) (d) Labor Negotiations to the following week. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 2:33 pm. DATED this day of 2023 for the Deschutes County Board of Commissioners. ATTEST: RECORDING SECRETARY ANTHONY DEBONE, CHAIR J PATTI ADAIR, VICE CHAIR PHIL CHANG, COMK&SIONER BOCC MEETING AUGUST 23, 2023 PAGE 11 OF 11 O BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Date: 3 Name C 1 J. SAC) Address 31 UE `5t S-L OK 17701 Phone #s q5�} E-mail address c cx r�, e wt a jay C7 �Zr� [ `cave In Favor ❑ Neutral/Undecided Opposed Submitting written documents as part of testimony? F Yes I I No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS F- E3 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony vvw)f,21 Subject: PC k, (14L� ciA Date: J Name Address Phone 4s I I in P avor pC Ij iNeutrai/uncteciaect I'L Llkj� F"" 51 v %' 44 `E-y SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING o � REQUEST TO SPEAK Citizen Input or Testimony Subject:luny( USA Date: ba3 Name Address 3 �11!_ Phone #sL%/' E-mail address yw;c4,6W10 =y �`'��arnarY• or.� In Favor Neutral/Undecided Opposed ,.. .. , r. ..-- - __- q n XT__ FV-I TT - If so, please give a copy to the Recording Secretary for the record SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Introduction on the Mule Deer Decline in Oregon Mark Labhart, ODF&W Commissioner August 2023 FOR MORE THAN A CENTURY, the mule deer has been the most abundant big -game animal in the West. What's the problem with there now? Since 1981 Oregon's Mule deer population has been declining from a high of about 300,000 in 1980 to 162,600 in 2022 or a 54% decline in the last 42 years. Why are they declining in Oregon and even other western states (since the 1970s, biologists in Colorado, Wyoming and Utah have seen deer populations drop by 50 percent)? Habitat, Habitat, Habitat • Land Management o Low nutrition levels result in low reproduction, low fawn survival, low adult survival, higher disease risk, higher predation rates and low population performance. o Declining Habitat across their Range. Deer like about a 35-45% forest canopy range (increased light and higher quality forage) and they like to stay close to forest edges for forage and escape routes. They also need thermal and hiding cover in dense forest stands. They don't like a lot of deep snow and prolonged cold spells as it reduces their movement and forage. Deer don't necessarily like roads and vehicles and will stay away from them if possible. Deer nutrition is the foundation for healthy and increasing herds (forage quality and quantity). Deer require about 12% body fat or higher to survive the winter and reproduce healthy offspring in the spring. Fawns that don't weigh greater than 77 pounds heading into winter will have a tough time surviving the winter. o Federal lands habitat. Since the 1980's there has been a significant reduction in timber harvest on federal lands resulting in significantly overstocked forests. This results in less mule deer forage where deer spend the majority of their time in the summer. Deer will use areas with fuel treatments for a decade because of increase in total biomass and forage that is available (Forbes, grasses and shrubs). o Some Weed species (cheat grass, Medusa Head) that come in after large forest and grass fires affect quality and quantity of forage are not palatable to deer. • Altered Disturbance Regimes o A century -long campaign to eliminate wildfires has allowed the growth of forests that crowd aspen and other deer forage species out of mountain forests and reduce habitat that was nearly ideal for deer. Also, the occurrence of wild fires declined in foothills and basins, important for deer foods such as mountain mahogany, bitterbrush and big sage grew older, becoming much less productive. Meanwhile, dead trees and "ladder fuels" accumulated, stockpiling amounts of fuel that had seldom, if ever, been seen and that contributed to the massive mega wildfires that have inflamed the West during the past decade. These years of fire suppression have resulted in more mega fires that kill everything resulting in a loss of total biomass. Less shading, thermal, hiding cover and grasses and forbs deer need. Juniper encroachment in the high desert in winter and summer ranges is now taking up a significant amount of precious water thus reducing the forage available for deer. o Invasive species. High severity sage brush fires result in a proliferation of non-native invasive grass species that deer don't use. ® Climate Change o The summer period of 2015 to 2019 saw temperatures 3.6 degrees higher than the 30- year average. Increasing temperatures in the summer and drought negatively affects forage quality and quantity resulting in less fawns and total survival of existing fawns. o Change in green -up (surfing the green wave) has changed so that plants are losing high quality forage earlier (in July now) from hotter growing seasons. Duration of green -up for grasses and Forbes is about two three weeks shorter than the early 90's. Results in deer coming into winter with less body fat. o Average August Precipitation Declining: The 2015-2019 precipitation numbers are about half the long-term average. Good wet years result in better nutrition and ability to survive the winter with their fawns. Drought years have taken a toll on Mule deer survival. o Several harsh winters have also taken a toll on mature deer and fawn survival. o Mega fires have a detrimental affect on mule deer available habitat. ® Competition (overlapping diets) o Elk: Mule deer generally don't like to be where elk hang out. Elk populations are on the increase in many areas. o White Tail deer and Mule deer diets overlap with increasing white tail deer forage competition in parts of Oregon. o Cows: Mule deer also don't like to be where cattle are for the most part. o Wild Horses: Mule deer are restricted from water sources because wild horse hang out by water sources. o Domestic Sheep: Sheep competition for forage. Parasites and Diseases (Rarely treatable for populations) o Hemorrhagic Diseases o Susceptible to cattle and sheep diseases o Hair loss disease (seen mostly in towns) o Bacteria infections (Pink eye, abscesses, bovine TB) o Ticks, Fleas, Lice, Louse, tape worms, Bot fly larvae, heart worms o CWD Chronic Wasting Disease (100% fatal) Not in Oregon yet ■ We have a CWD management Plan if/when it is detected o Feeding deer in congregations in the winter can affect parasites and diseases Migration Patterns ® Mule Deer have an extremely strong fidelity to yearly summer and winter migration routes. They will use the same migration routes year after year. Habitat fragmentation over time can affect these routes. Migration routes are transmitted from does down to the fawns. • Migration Issues o Roads and highways. Last 13 years avg. 4,500 deer were killed on "State" highways that ODOT crews can verify. Likely significant more highway deaths they don't know about. These figures do not include county and city roads. Oregon has four wildlife crossing structures. Other western states are significantly ahead of Oregon in the number of crossing structures. Some highways like four -lane freeways can be significant barriers to travel from summer to winter ranges and visa versa. o Fences. Remove unnecessary fencing no longer needed. Replace necessary fences with wildlife friendly fencing. o Housing and rural development in migration corridors affects migration patterns and requires deer to avoid areas where human presence overlaps with migration patterns and winter/summer ranges. o Solar farms in migration corridors and winter habitat directly reduce habitat availability in areas where mule deer frequent reducing overall carrying capacity of the range. Illegal Harvest/Poaching o Poachers are the great unknown predator. A 2005 to 2013 Study found that 11% of the adult does were from illegal harvest in the SE Oregon study. "The research project showed poachers typically take female deer".said DeWayne Jackson, Fish and Wildlife research supervisor in Roseburg. Yes, that's an older study but likely it is even higher now depending upon the location in Oregon where poaching is an increasing problem. Illegal harvest of bucks also takes away opportunity for legal/ethical hunters. Predation o Cougars are primary source of adult mortality on mule deer. It's estimated there are about 6,000 cougars (adults and kittens) in Oregon today. The estimate was about 2,600 two decades ago. Elk are the primary "game" species for wolves. Bears, coyotes and bobcats target mainly newborn fawns. o Two Initiative petitions approved by Oregon voters do not allow the use of dogs for harvesting cougars and bears which significantly affects the ability to manage cougar and bear populations. Several attempts to modify this harvest method have been tried in multiple Legislative sessions and have failed. Even with liberal cougar and bear hunting tags issued, the cougar and bear populations continue to expand throughout Oregon. Hunting • Question: Why don't you reduce the buck harvest to restore mule deer populations? o Answer: Bucks don't have babies. Scientific peer reviewed studies have shown there is no difference in a doe's reproductive output if you have 26 bucks per 100 does vs.14 bucks per 100 does. Another way of saying the same thing is there is no difference in reproductive output or population levels if you have more than 14 bucks per 100 does. ODF&W manages mule deer to objectives of 12 to 25 bucks per 100 does depending upon the management unit needs. ODF&W has significantly reduced the number and amount of doe damage hunts in problem areas around Oregon overtime. So, what do we do about this problem and increase mule deer numbers back to historic levels? o Oregon Connectivity mapping project identifies where mule deer are migrating. We need to support those migration corridors and that they remain a priority for barrier free migration. o Fund more wildlife crossings in areas where there are high vehicle/deer collisions. o Implement more federal travel management areas so mule deer are less exposed to ATV's and vehicle traffic so they have a place with less human congestion and disturbance from motorized vehicles. o Need to put more local, state and federal funding into producing more high -quality habitat conditions like we do with salmon and steelhead habitat across Oregon. Need to get better management (tree thinning, leave thermal and hiding cover, remove encroaching juniper, treat non-native grasses, restore shrub species, prescribed burning) of federal lands to produce more mule deer habitat. o Need large scale "volunteer" habitat improvement projects on private lands (tree thinning, leave thermal and hiding cover, remove encroaching juniper, treat non-native grasses, restore shrub species palatable to deer, prescribed burning). o Continue and increase volunteer actions from stakeholder organizations in support of mule deer. o Add more law enforcement officers to help counter poachers and deter potential poachers. Hire more OSP Fish and Wildlife Division troopers, raise fines even higher and offering greater rewards for turning in poachers. o Need to understand how climate affects short and long-term habitat and implement adaptive management tools. Need to do long range planning/management scenarios to identify and forecast potential management actions down the road. o Continue to work towards efforts (locally, statewide, federally) regarding predator species (cougars, bears, coyotes, wolves, etc.) to provide the maximum tools for the state managers to effectively manage the state's predator species using the tools available to the ethical hunter in all of us. o It's going to take hard work, Let's get started. Hold a fund raiser. Lobby your Legislators. Attend an ODF&W Commission meeting and let your voice be heard. Talk to your County Commissioners, Join an organization that's supports mule deer recovery efforts. Work collaboratively with landowners where mule frequent. Lobby funding organizations to put more dollars into restoring our mule deer. o YES, THE ISSUES ARE COMPLEX BUT LET'S START IMPLIVIENTING THESE SUGGESTIONS NOW VS TALKING ABOUT THEM. LET'S "WORK TOGETHER". We are the mule deer voice. They need our help! MEETING DATE: BOARD OF COMMISSIONERS August 23, 2023 SUBJECT: Behavioral Health Sponsorship for Oregon Recovers RECOMMENDED MOTION: Move approval of $1500 sponsorship for Oregon Recovers Movement. BACKGROUND AND POLICY IMPLICATIONS: Oregon Recovers is a state-wide coalition comprised of people in recovery and their allies that unite to transform Oregon healthcare to ensure prevention, treatment, and recovery support services for Oregonians with addiction. Oregon Recovers advocates for the development and implementation of comprehensive addiction recovery plans that are guided by quantifiable goals and performance metrics and identifies and secures revenue to implement Oregon's inclusive alcohol and drug policy. Deschutes County Behavioral Health would like to sponsor Oregon Recovers through their largest fundraiser that is happening locally in Bend on September 9t". We feel our presence and logo would be important to demonstrate our commitment to the recovery movement in Central Oregon. BUDGET IMPACTS: $1500 from Behavioral Health administrative funds, which is supported through program indirect charges and OHP capitation. ATTENDANCE: Holly Harris, Behavioral Health Director 01 E S C0 BOARD OF COMMISSIONERS MEETING DATE: August 23, 2023 SUBIECT: Authorize the extension of the Criminal Justice Commission's Restorative Justice grant to December 31, 2024 RECOMMENDED MOTION: Move to approve accepting the no -cost extension of the Criminal Justice Commission's Restorative Justice grant. BACKGROUND AND POLICY IMPLICATIONS: The District Attorney's Office in partnership with local community -based organizations received grant funding in fall 2022 from the CJC to implement the Emerging Adult Program (EAP). The funding provided was within the State's 2022-2023 biennium budget, which meant that all grant activity needed to conclude by the end of the 2023 calendar year. The grant program; however, was supposed to support initiatives for a full two years. We requested and received a no -cost extension from CJC allowing us to use change the end date of the program from December 31, 2023 to December 31, 2024 in order to meet the goals outlined within our original program plan. The grant is covering Phase II of the EAP, which provides a restorative justice opportunity to 50 young adults cited for a crime in Deschutes County. The grant funds support 1.5 FTEs within the DA's Office, 1.9 FTEs at our partner organizations, and provide financial resources that can be used to assist the young adult offenders (responsible parties) and their victims (harmed parties) to help them achieve stability and to be in a better place for future success. To date, we have enrolled 27 responsible parties -- two have graduated, 2 have been revoked, and 23 remain active and in good standing. Continuing the grant until the end of 2024 will allow us to provide this opportunity to the full 50 young adults and begin the process to track the longer -term impact of the program on recidivism. BUDGET IMPACTS: The two-year grant request was for $1.147,721 with the majority of the funding being allocated for personnel and contracts with our partner non -profits (Community Solutions of Central Oregon and Thrive Central Oregon). The grant was projected in the DA Office's FY24 Budget, and the entire grant amount has already been distributed to the County. The remaining grant funds, approximately $400,000, are being transferred from FY23 to FY24. ATTENDANCE: Kathleen Meehan Coop, Management Analyst DocuSign Envelope ID: 2D3FB5C8-D13E-46A5-B04A-AAD4BFB27108 2023-783 CRIMINAL JUSTICE COMMISSION RESTORATIVE JUSTICE GRANT PROGRAM GRANT AGREEMENT # RJ-23-08 AMENDMENT # 2 This is Amendment No. 2 to Grant Agreement No. RJ-23-08 ("Agreement") between the State of Oregon, acting by and through the Criminal Justice Commission ("CJC"), and Deschutes County District Attorney's Office ("Grantee"). 1. Effective Date. This Agreement shall become effective on the date that it is fully executed and approved as required by applicable law. Amendment to Agreement. The Agreement is hereby amended as follows: A. The Project End Date in Exhibit A (Project Description and Budget) is amended and restated as follows: Project End Date: December 31, 2024 3. Counterparts. This Amendment may be executed in two or more counterparts (by facsimile or otherwise) each of which is an original and all of which when taken together are deemed one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. 4. Original Agreement. Except as expressly amended above, all other terns and conditions of original Agreement remain in full force and effect. By its execution of this Amendment, Grantee certifies to CJC that the representations, warranties and certifications contained in the original Agreement are true and correct as of the effective date of this Amendment and with the same effect as though made at the time of this Amendment. The signatures of the parties follow on the next page. DocuSign Envelope ID: 2D3FB5C8-D13E-46A5-B04A-AAD4BFB27108 2023-783 Restorative Justice Grant Program Grant No. RJ-23-08 Amendment No. 2 THE PARTIES, by executing this Agreement, acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its teens and conditions. Approved by Grantee 08/16/2023 ignature of Grantee Date Kathleen Meehan Coop Management Analyst Name & Title 931197742 OR 0502098-8 State Tax ID Number Federal Tax ID Number Approved by Criminal Justice Commission Kenneth Sanchagrin, Executive Director Date Approved for Legal Sufficiency: By email from AAG Sam Zeigler dated 11/22/22 ES COG2� BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: August 23, 2023 SUBJECT: Request for Proposals from Deschutes County Community Justice Department for New Shelter and Housing Units for Male Justice Involved Individuals RECOMMENDED MOTION: Move to authorize staff to issue Document NO. 2023-751, a Request for Proposals for a new shelter and housing units for male justice -involved individuals BACKGROUND AND POLICY IMPLICATIONS: Adult P&P received approval from the Board on May 17, 2023 to apply for funding made possible through Oregon Emergency Order 23-02 to create short-term shelter and longer - term housing options through public -private partnership for up to 24 individuals within this population annually. Adult P&P's project proposal was approved on May 31, 2023. The board signed off on the COIC's Intergovernmental Agreement (Doc 2023-690) on July 261", 2023. We are now seeking board approval to release a request for proposals (RFP) to start the competitive procurement process to select a provider. Adult P&P will select a provider through a competitive RFP process as outlined in Doc 2023- 751. Proposals will be due in late September. The department will utilize the end of September and early October to review the submissions and create a review panel who will score the proposals. Once a final recommendation has been made the department will come back before the board to get approval to issue an intent to award and begin the process to enter into a contract with the provider. The target population for this project includes male clients that have a no contact with minor restriction or whom have to register as a sex offender. The department will work with the provider to locate an appropriate and acceptable property, and developing program protocols, criteria and requirements. The provider will purchase the property and manage the program with an on -site housing manager. The provider will hold the deed and title, be responsible for maintenance and repair, and may utilize equity from the purchase for operational costs or property maintenance. Clients served through the housing portion of the program will pay rent directly to the provider. Adult P&P will provide administrative support, manage the pass -through grant funds, and provide support to the provider with P&P Officer home visits at the property and case management with the housing manager. Adult P&P was awarded $ 1,078,518 to purchase through a private provider a multi- purpose, 4+ bedroom property in Deschutes County to both rehouse and to shelter individuals who have conditions that restrict their proximity to minors and/or are required to register as a sexual offender. Funds would be primarily passed through to the private provider for one-time costs, such as acquisition of the property, renovations, start-up costs, etc. Many challenging contingencies and requirements will need to be met for the program to succeed. We will work with the provider and seek legal and BOCC input along the process. At this time, funding must be spent no later than January 10, 2024. BUDGET IMPACTS: $1,078,518 grant. Majority of funds will be passed through to a community organization/provider. ATTENDANCE: Deevy Holcomb, Director Deschutes County Community Justice Trevor Stephens, Community Justice Business Manager Nicoli Brower, Administrative Analyst Adult Parole and Probation DESCHUTES COUNTY COMMUNITY JUSTICE DEPARTMENT REQUEST FOR PROPOSALS FOR New Shelter and Housing Units for Male Justice Involved Individuals Deschutes County Document #2023-751 Proposed RFP Release Date: August 25, 2023 Deschutes County, a political subdivision of the State of Oregon, acting by and through the Deschutes County Community Justice Department, Adult Parole and Probation Division ("Deschutes County"), is releasing this competitive solicitation to secure a provider to offer Housing for clients with restrictive conditions (hereinafter referred to as "Services" and detailed further in Section 5, "Scope of Services"). Services shall be provided either through a private provider or a group of providers who through an agreement or memorandum of understanding serve together as a consortium in order to offer services. NOTE: All proposals submitted in response to this Request for Proposal (RFP) shall become the property of Deschutes County and may be utilized in any manner and for any purpose by Deschutes County. Be advised that proposals and all documents submitted in response to this RFP are subject to public disclosure as required by applicable state and/or federal laws. If you intend to submit any information with your proposal which you believe is confidential, proprietary or otherwise protected from public disclosure (trade secret, etc.), you must separately bind and clearly identify all such material. The cover page of the separate binding must be red, and the header or footer for each page must provide as follows: "Not Subject to Public Disclosure." Where authorized by law, and at its sole discretion, Deschutes County will endeavor to resist disclosure of properly identified portions of the proposals. • The proposal must be submitted by email to Adult Parole and Probation: Trevor.Stephens@deschutes.org. • The proposal must be submitted in PDF or Microsoft Word format. Proposals must be received no later than 12:00 pm, on Wednesday, September 27, 2023 ("Due Date") to be eligible for consideration. Deschutes County retains full discretion to accept or deny any late submissions. All costs associated with preparing and submitting a proposal is solely the responsibility of the proposer. This solicitation does not obligate Deschutes County to select any single proposer and Deschutes County reserves the right to cancel the procurement, reject any and all proposals, to retain all proposal materials in accordance with ORS 2796.100, and to use any material included in the proposal regardless of whether it is selected. Proposal documents will not be returned to provider at the end of the process and will be disposed of in accordance with any records retention requirements based on grant requirements and state and/or federal laws. • Questions concerning the proposal process may be directed no later than September 6, 2023 at 12:00pm to Trevor Stephens via email to Trevor.Stephens@deschutes.org. • If you would like to receive the response to any and all questions received please send Trevor.Stephens@deschutes.org an email requesting to be added to the list. Otherwise only those who have emailed questions will receive the response. The purpose of this Request for Proposal (RFP) is to execute a contract with a community provider for the purpose of providing housing to justice -involved individuals who identify as men and are on supervision in Deschutes County. The primary target population for these services are individuals with conditions that restrict their proximity to minors or who have to register as a sex offender. Contingent upon approval by the Deschutes County Purchasing Agent, Deschutes County intends to award one (1) contract to the provider whose proposal is determined to be the most responsive to the requirements of this RFP. The term of the resulting contract is estimated to begin on or about November 1, 2023 and terminate December 31, 2034. This is currently planned to be a reimbursement -based contract and funds shall be reimbursed for actual expenses incurred. However, County is open to modification of this in order to facilitate the purchase of the property used for these services. Contracted entities will receive (contingent on approved budget) reimbursement for funds to: • Purchase a house/building or renovate an existing property. DESCHUTES COUNTY REQUEST FOR PROPOSALS 2023-751 Page 1 of 18 • Initial startup operations of the shelter and housing services. • Purchase and install a security system. • Purchase initial furniture and furnishing. Deschutes County estimates that yearly this project should provide at least eight (8) shelter beds at any given time and at least two (2) longer term beds that may be used as permanent housing units at any given time. We anticipate the program to annually serve 15-25 shelter bed clients and 2-4 longer term/housing unit clients. Services must be provided in accordance with all applicable rules, regulations, and policies as specified by federal, state, and county guidelines, including but not limited to, Oregon Administrative Rules (OAR) 309-019-0100 through OAR 309- 019-0220. The estimated amount of funds available for this contract is as follows (there is some flexibility with these funds in terms of how they are allocated): • Property/Building Acquisition $850,000.00 • Furniture and Fixtures $30,000.00 • Security System $20,000.00 • Initial Operation Start -Up Employee Expense $100,000.00 • Other Support and Expenses $78,518 Total Estimated Available: $1,078,518 However, this amount is based on grant funding and may fluctuate depending on grant approval and budget allocation. Deschutes County is the grant, contract, and fiscal intermediary for these funds. Deschutes County shall contract with appropriate service agencies to provide service for clients on supervision. Ideally, the Provider selected will provide most, if not all, the Services outlined in section 5, "Scope of Work", of this RFP either through their agency or by a consortium (consortium is an agreement, combination, or group formed to undertake a common enterprise beyond the resources of any one member). Reimbursement for Services is based upon County's approval of Contractor's submission of applicable/required documentation. Funding for Services is contingent upon the Governor's Emergency Order 23-02. 1 GENERAL SUMMARY AND OVERVIEW Approximately 10% of the Adult Parole & Probation (Adult P&P) supervised population experiences unsheltered homelessness or chronically cycle between low barrier and transitional housing and unsheltered homelessness. Within this population we consistently supervise 25-30 men who do not qualify for high barrier, treatment and other subsidized housing or shelter supports due to the nature of their supervision conditions, which either prohibit their proximity to minors, or require them to register as sexual offenders. This population experiences chronic and acute homelessness. This in turn exacerbates their real and perceived public safety risk as it makes clients hard for P&P Officers to locate and support. These individuals also tend to be perpetually reliant on expensive emergency public safety and health resources. In the past Adult P&P has accessed county- or privately -provided facilities for this priority public safety population, but has had no dedicated facility since 2019. Instead, P&P Officers rely on expensive short-term motel stays for individuals being released from prison without alternative approved housing. When motel stays become prohibitively expensive, clients remain homeless and staff constantly troubleshoot emergencies and risks therein, and work with varying degrees of success with local shelter providers to create safety protocols for when this population has incidental contact with co -located families and people under 18. Adult P&P was awarded $1,078,518 to purchase, through a private provider, a multi -purpose, multi -bedroom property in Deschutes County to both rehouse and to shelter individuals who have conditions that restrict their proximity to minors and/or are required to register as a sexual offender. Funds would be primarily passed through to the private provider for one-time costs, such as acquisition of the property, renovations, start-up costs, etc. Adult P&P will select a provider through this RFP process and provide assistance to the provider in locating an appropriate and acceptable property, and developing program protocols, criteria and requirements. The provider would purchase the property and manage the program with an on -site housing manager. The provider will hold the deed and title, be responsible DESCHUTES COUNTY REQUEST FOR PROPOSALS 2023-751 Page 2 of 18 for maintenance and repair, and may utilize equity from the purchase for operational costs or property maintenance. A restrictive covenant will be placed on the property and will run with the property until December 31, 2034. Individuals served through the housing portion of the program will pay rent directly to the provider. Adult P&P will provide administrative support, manage the pass -through grant funds, and provide support to the provider with P&P Officer home visits at the property and case management with the housing manager. MISSION AND GOALS: The mission of Deschutes County Adult Parole and Probation is to protect the public, repair harm, hold clients accountable and facilitate pro -social thinking. In doing this we work to balance behavior change and public safety in the work we do with our clients. The goal of this partnership will be to establish an option in Deschutes County for clients on supervision for whom we consistently have a hard time finding safe and stable housing. The goals of the project are to: 1. Find and secure a long term acceptable house or building in Deschutes County to offer shelter and housing services for clients with supervision restrictions. 2. Create an environment and setting that promotes stability and behavior change for clients. 3. Reduce the fiscal impact on community agencies by promoting self-sufficiency and prosocial behavior. 4. Enhance public safety by providing a safe and managed housing options for clients on supervision with restrictive conditions. TARGET POPULATION: The target population is Deschutes County residents, eighteen (18) years of age or older, who: 1. Identify as male. 2. Currently are on supervision with Deschutes County Parole and Probation. 3. Preference must be given for individuals with minor contact restrictions as a part of their supervision or who have to register as a sex offender. 4. Provider cannot have any restriction that prohibit any sex offense related offense types or sex offender level restrictions. Some clients will have registration requirements using the address of the horse and community notification requirements. The provider must work with client and community to ensure that these are made. 5. Provider will prioritize referrals from Parole and Probation for individuals who are; • Veterans • Medically Vulnerable • Identify as Black, Indigenous, Latinx, Asian and/or People Of Color (BILAPOC) PROGRAM PRICIPLES AND GUIDELINES: • Must adopt clear, consistent, fair, transparent, and accessible program policies. • Must be person -centered and provide housing first case management supports. o A person -centered case management approach ensures that the person who has experienced homelessness has a major say in identifying goals and service needs, and that there is shared accountability. Case management must focus on housing assessment, placement and housing stability. • Must agree to abide by low -barrier principles o Low barrier means a program that does not require any of the following for an individual to participate in one of the programs: (i) criminal background checks, (ii) credit checks or income verification, (iii) (treatment or other) program participation, (iv) sobriety, or (v) identification. o Low Barrier programs may enforce safety requirements for self, staff, place, and/or others. o Individuals on supervision may have requirements as part of their supervision in terms of treatment program participation or sobriety, but that cannot be a requirement of admission or participation in these funded shelter and housing services. o Low barrier does not prohibit the selected provider and Adult P&P from creating, monitoring and enforcing house rules that for example, may include no alcohol or drugs or usage on property; or no violent behaviors etc. • Must support individual choice and self-determination. • Must be oriented to help all individuals stabilize and work to find potential stable housing options. • Must collaborate with other community -based organizations and public agency partners to bring to bear options and opportunities for individuals to participate in ancillary support services and activities that will support in bringing stability to their shelter or housing status. DEFINITIONS DESCHUTES COUNTY REQUEST FOR PROPOSALS 2023-751 Page 3 of 18 • Housing Beds o Single occupancy room with access to shared common spaces. More long term orientation. • Shelter Beds o Dormitory style beds with multiple clients in a room that have access to shared common spaces. More short term orientation. ADMINISTRATIVE SUPPORT: Adult Parole and Probation will provide administrative support and grant oversight. COMMUNITY CORRECTIONS SUPPORT; Parole & Probation Officers will refer eligible individuals, work in partnership with provider and assist with case management and supervision based on each individual's supervision plan and needs. Together we seek to mitigate emergency and urgent sheltering needs of this population, provide options for long-term housing in a safe and supportive environment, and offer robust case management and service opportunities for residents as they complete their community supervision requirements and get back on their feet, rebuild lives and become productive community members. DATA TRACKING/DATA COLLECTION: Provider will be required to submit a monthly narrative update report outlining milestones, success measures, outcomes, obstacles, and impacts of the project for the first year of the contract. After the 1 st year reporting would likely move to quarterly and the format may change with input from all parties. Provider is able and will enter all appropriate and necessary data into Homeless Management Information System ("HMIS") at the time of client intake, if applicable, or at such other times required, or require subcontractors providing the Services for which funding has been provided under this Agreement to enter. if provider is unable to enter directly into the system they will provide this information monthly to Adult Parole and Probation for entry. Provider will be required to report client level data, such as the number of persons served and their demographic information, in a Homeless Management Information System (HMIS). HMIS is an electronic data collection system that facilitates the collection of information on persons who are homeless or at risk of becoming homeless and is managed and operated locally. Provider shall provide additional reports as needed and shall cooperatively attend meetings as reasonably requested. Reports and meetings will be based on grant requirements. & PERIOD OF SERVICE A contract is expected to be awarded for the period November 1, 2023 and terminate December 31, 2034. I SCOPE OF SERVICES The selected provider will provide most, if not all, the Services outlined below either through their agency or by a consortium. All Services are to be aligned with Fair Housing State and Federal Laws as they pertain to congregate housing providers. 1. Secure and Purchase a Building or House in Deschutes County Provider will be responsible for locating and purchasing a residence or building to be used to provide housing services. House must have at least 2 rooms that can be used by individuals for housing units beds (suitable for single occupancy, 1-2 rooms that can be used for dorm style shelter style beds for at least 8 people, two full bathrooms and a full kitchen. Provide eight (8) shelter beds at all times to be used by Parole and Probation clients. A. Shelter style beds can be dormitory style with multiple clients in a room that have access to shared common spaces. B. Client utilizing shelter beds may include individuals in any of the following housing situations; i. Stability (1 to 90 days): Individuals who have independent housing options and acceptable personal networks in the near -term but require short-term shelter while those plans are finalized ii. Transition (1-180 days): Individuals transitioning to community from prison/jail with no current independent and acceptable shelter options, but who have an ultimate plan/capability for independent housing or acceptable personal networks. 3. Provide two (2) housing unit beds at all times to be used by Parole and Probation clients. A. Housing Units Beds are long term oriented with no specific time restrictions for the client. Client will have their own room with a locking door, and access to bathroom and full use of common areas. DESCHUTES COUNTY REQUEST FOR PROPOSALS 2023-751 Page 4 of 18 B. Client utilizing housing unit beds may include individuals in any of the following housing situations; i. Individuals with limited income insufficient for private rental or housing market and no independent or acceptable other shelter options or personal networks who may require long-term residence. 4. Provide housing stability services that includes housing readiness, short-term goal setting around housing, long term housing plans and additional support to help clients find long term stable housing. 5. Provide onsite housing management at least 40 hours a week. Preference will be for a live in onsite manager, but we are also open to other options. If house does not have live in onsite manager staff must visit the house at least 5 days a week to include at least Saturday or Sunday. 6. County is open to working with a contractor who would like to utilize a location they currently occupy or own (I.E. utilize acquisition funds for remodeling or paying off property). However, same restrictions as outlined in 6. REAL PROPERTY RESTRICTIVE COVENANTS will apply. If used for a property already owned by the provider the property cannot already be providing housing or shelter beds. These funds must be used to increase capacity of beds available in Deschutes County. County is also open to working with a contractor who would like to utilize acquisition funds to help purchase a property that costs more than the allocated acquisitions funds as described above. However, same restrictions as outlined in 6. REAL PROPERTY RESTRICTIVE COVENANTS will apply. 7. Preference will be given to providers who can also provide staff that are certified recovery mentors (Recovery Mentors) or who have lived experience with successfully navigating Parole & Probation supervision (however, staff may not currently be on active supervision status). 8. Preference will be given to providers who offer ancillary support services that program residents may voluntarily or through their supervision conditions seek, including but not limited to. i. Homelessness prevention, mitigation and transition ii. Sex offender therapy. iii. Cognitive behavioral therapy. iv. Interventions that promote general health and well-being: (i.e. smoking cessation, sexual and reproductive health, yoga, acupuncture); V. Assistance in applying for health insurance and public assistance as needed; vi. Mentor and alumni groups; vii. Substance abuse disorder treatment. viii. Mental and or behavioral health treatment. 9. Performance Measures and Outcomes. Provider will be required to create and update policies and procedures for operations of this program. This will include but not limited to a`referral process, house rules, cleaning requirements, notification processes, data tracking, reporting, and invoicing. These will be designed in consultation with Adult Parole and Probation and must be approved by Adult Parole and Probation before any client(s) move into housing. REAL PROPERTY (RESTRICTIVE COVENANTS Provider will be required at their expense to place a Declaration of Restrictive Covenants on the real property purchased with grant funds. The covenants must restrict use of the property to housing and services as agreed to. The restrictive use period runs from December 31, 2024 to December 31, 2034. Within the Restrictive Use Period, Recipient may not transfer, repurpose, sell, assign, bequeath, or dispose of any interest in the Facilities or the underlying real property to any person, entity or other assignee, without obtaining the prior written consent of County. County may condition any such consent on the agreement of the transferee to assume all obligations of Recipient under this Agreement for the duration of the Restrictive Use Period. At the end of the Restrictive Use Period provider is able to have free use of the real property. Proposals must be signed by an authorized representative. Proposals drafted by a consortium shall include a Memorandum of Understanding (MOU) signed by individuals of each entity choosing to participate. Proposals without an original authorized signature will be rejected. This RFP does not commit Deschutes County to award a contract or to pay any associated cost. The proposal preparation cost is solely the responsibility of the Provider. All proposals submitted in response to this Request for Proposal (RFP) shall become the property of Deschutes County and may be utilized in any manner and for any purpose by Deschutes County. Be advised that proposals and all documents submitted in response to this RFP are subject to public disclosure DESCHUTES COUNTY REQUEST FOR PROPOSALS 2023-751 Page 5 of 18 as required by applicable state and/or federal laws. If you intend to submit any information with your proposal which you believe is confidential, proprietary or otherwise protected from public disclosure (trade secret, etc.), you must separately bind and clearly identify all such material. The cover page of the separate binding must be red, and the header or footer for each page must provide as follows: "Not Subject to Public Disclosure." Where authorized by law, and at its sole discretion, Deschutes County will endeavor to resist disclosure of properly identified portions of the proposals. Proposals should not include personal identifier information in resumes or other documents such as social security numbers, dates of birth, criminal clearance documents, etc. Deschutes County shall not in any way be liable or responsible for the disclosure of any such records. Any proposal may be rejected if it is conditional, incomplete, or deviates from specifications in this RFP. By submitting a proposal, the Provider agrees to meet all the requirements set forth in the RFP, unless specific exceptions are noted in Attachment 3 (Executive Summary). Deschutes County reserves the right to accept any part of the proposal and not be obligated in any way to accept those parts that do not meet with the approval of Deschutes County. Deschutes County reserves the right to waive, at its discretion, any procedural irregularity, immaterial defect or other impropriety not warranting rejection of the proposal. Any waiver will not excuse a Provider from full compliance if awarded a contract. Reasons for rejecting any proposal will be supplied to the Provider. Deschutes County, in its sole discretion, reserves the right to modify or cancel this RFP in whole or in part. If modification or cancellation is determined to be in the County's best interest, all Providers will be notified in writing of the specific reasons for such modification or cancellation. Deschutes County reserves the right to seek additional proposals, beyond the final submission date, if, in Deschutes County's sole discretion, the proposals received do not meet with the approval of Deschutes County. Proposals must be valid for a minimum of one hundred eighty (180) days from the due date of this RFP. J. TENTATIVE SCHEDULE OF EVENTS Providers must follow the instructionsand conditions detailed in this RFP. Proposals that do not conform may be excluded from further review. Deschutes County anticipates that it will announce the results of this RFP process by the end of October 2023. Deschutes County and the selected Provider will then negotiate terms and sign a legally -binding contract Proposals must be submitted as described above no later than 12:00 pm, on September 25, 2023 ("Due Date") Proposals received after that time will be considered late and acceptance will be at sole discretion of Deschutes County. Proposals will be not be opened publically. A list of competing providers can be requested 48 hours after submission deadline.'A register of all proposals received will be prepared and available for public inspection after a contract is awarded. August 25th, 2023 Request for Proposals is released: September 6th, 2023 Proposal questions submitted by email. Submit by 12:00pm. By 5:00pm on September 11 th, 2023 Answers to submitted questions released. September 271h, 2023 Proposals are due. Must be received before 12:00pm PST Late September and early October Proposals scored and narrowed to top three. First and Second Week of October Interviews are conducted with top three ranking candidates, if needed. Third Week of October Recommendation of selected candidate is forwarded to the Deschutes County Board of County Commissioners. Board considers selection and issuance of Notice of Intent to Award. November 2023 Contract for services is developed and signed. November 2023 Contracted services commence. DESCHUTES COUNTY REQUEST FOR PROPOSALS 2023-751 Page 6 of 18 In awarding a contract, Deschutes County will accept and consider the proposal or proposals which, in the estimation of Deschutes County, will best serve the interests of Deschutes County and our clients. Deschutes County reserves the right to award a contract to the Provider whose proposal is most advantageous to Deschutes County based upon the evaluation process and evaluation criteria contained within this RFP. Deschutes County reserves the right to accept or reject any or all proposals. Any proposal which Deschutes County judges to be incomplete or nonconforming may be rejected. Any evidence of collusion between providers may constitute a cause for rejection of any proposals so affected. 1L EQUITY AND INCLUSION In the provision of all services, Deschutes County values fairness, equity, inclusion, accessibility, diversity and transparency. Provider should work to ensure that participants have access to culturally responsive supervision, treatment and resources based on self -defined racial and ethnic identity, gender identity, sexual orientation and other identities that support each person's resilience, integrity, wellness and success. J., SELECTION PROCESS All proposals will initially be screened by a selection of staff ("review panel") determined by the Community Justice Department. All proposals submitted by the RFP due date will be subject to a standard review process. An initial review of each proposal will be conducted by the review panel to determine if it is complete, in the required format, and in compliance with all requirements of this RFP. Failure to meet any of these requirements may result in a rejected proposal. Each proposal that passes the initial review will be evaluated and scored by the review panel. The process may include a panel interview with the County. The review panel will evaluate and score each proposal on the basis of a 100 point scale, using the assigned weights listed below. Evaluation Criteria Value Service Delivery 25 Points Knowledge, Experience, and Expertise 25 Points Human -Center Focus and Understanding of Low Barrier 10 Points Collaboration and Community Awareness 10 Points Financial Creativity 20 Points Performance Measures and Deliverables. 10 Points Total points available 100 Points Narrative responses to each section of the application, any required attachments and the completed budget forms will be reviewed to determine compliance with the requested information and the feasibility and reasonableness of proposed program design, cost, and expected outcomes. Each evaluation criterion is described in full in Attachment 5. JL AWARD AND COMMENCEMENT OF WORK Recommendation for award is contingent upon successful negotiation of the contract and resolution of any protests. The successful Provider shall be required to sign the negotiated contract, which will be in the form and content as approved by Deschutes County. The final authority to award a contract rests solely with the Deschutes County. The successful Provider shall not be allowed to begin work under any negotiated contract until such time as the contract has been approved and executed by Deschutes County. The successful Provider must agree to all terms, insurance coverage provisions, and conditions of the contract with Deschutes County. If only one proposal is received and it is deemed that such proposal meets requirements for funding, Deschutes County reserves the option to award such entity a contract on a sole -source basis. In the event no proposals are received, or proposals received do not meet requirements for funding under this RFP Deschutes County may designate another qualified entity to operate the program on a sole -source basis. If revisions or additional information to this RFP become necessary, Deschutes County will post the addenda or supplements on the Deschutes County website. As referenced in Attachment 2 of this RFP, the selected Provider will need to submit evidence of the following insurance requirements prior to execution of the contract: DESCHUTES COUNTY REQUEST FOR PROPOSALS 2023-751 Page 7 of 18 1. Commercial General Liability "occurrence" coverage, naming Deschutes County, the State of Oregon, their officers, agents, employees and volunteers as an additional insured, in the minimum amount of $2,000,000 combined single limit (CSL) bodily injury & property damage each occurrence and $4,000,000 aggregate, including personal injury, broad form property damage, products/completed operations, broad form blanket contractual and $50,000 fire legal liability. 2. Professional Liability coverage in the minimum amount of $1,000,000 combined each occurrence and $2,000,000 aggregate, for damages caused by error, omission, or negligent acts related to professional services provided under the contract. The policy must provide extended reporting period coverage, sometimes referred to as "tail coverage" for claims made within two (2) years after the contract work is completed. 3. Commercial Automobile Liability coverage in the minimum amount of $2,000,000 CSL bodily injury & property damage, including owned, non -owned, and hired automobiles. Also to include Uninsured/Underinsured Motorists coverage in the minimum amount of $100,000 when there are owned vehicles. Contractor must have on file evidence of auto insurance in the minimum amount of $100,000 CSL bodily injury & property damage for all employees and volunteers associated with the contract. 4. Workers' Compensation coverage, including a Waiver of Subrogation in full compliance with Oregon statutory requirements, for all employees of Contractor and Employer's Liability in the minimum amount of$500,000. Misrepresentation during the procurement or contracting process in order to secure the contract will disqualify a bidder or contractor from further consideration in the procurement or contracting process. Failure to comply with contract requirements once a contract has been awarded will constitute a material breach of the contract and may result in the suspension or termination of the affected contract and debarment from future Deschutes County contracting opportunities for a period not to exceed three (3) years. Other penalties may also apply. As applicable, the selected Provider shall also submit to Deschutes County prior to contract award the following documents: • Articles of Incorporation or business license; • Grievance procedures for participants; • Handicapped Access Survey; • Verification of credentials, including education qualifications and professional licenses/certifications, as applicable. 14. SUBMISSION PACKAGE Applications submitted in response to this RFP must include the items and be in the order as listed below. All of the items combined comprise your completed Application pursuant to this RFP. 1. Copy of signed Proposal Response Form (form should be e-mailed to Trevor Stephens prior to Due Date upon Provider's consideration of participating in this RFP) - Attachment 1 2. Signed Acknowledgement of Insurance Requirements — Attachment 2 3. Executive Summary: Please complete as directed. Attachment 3 4. Narrative Section: Prepare a written response that fully addresses each of the evaluation criteria listed. The narrative must be typed in 12-point font, one -inch margins, 8'/z' x 11 ", paginated, on white paper. Narrative section is limited to twenty (20) pages, one-sided. Attachment 4 5. Consortium's MOU, (if applicable). It is the responsibility of the Provider to ensure the proposal is submitted via email by the time and date as specified. To be considered for this RFP, all proposals submitted must be received no later than 12:00 pm on September 27, 2023 ("Due Date") with one complete application package with signature by email to Trevor.Stephens(a_deschutes.org. Deschutes County reserves sole discretion to accept or reject any late proposals. 15. ASSIGNMENT Neither the resultant contract nor any of the requirements, rights, or privileges demanded by it may be sold, assigned, sublet, contracted, or transferred by the Contractor without the express written consent of the County. The granting or withholding of such consent shall be at the County's sole discretion. 16. CLARIFICATION OF RESPONSES The County or its agents reserve the right to obtain clarification of any point in a Proposer's Proposal or to obtain additional information necessary to properly evaluate a particular Proposal. Failure of a Proposer to answer the request for additional information or clarification could result in rejection of the Proposers response DESCHUTES COUNTY REQUEST FOR PROPOSALS 2023-751 Page 8 of 18 and/or Proposal. 17. COLLUSION A Proposer submitting a Proposal hereby certifies that no officer, agent, or employee of the County has a pecuniary interest in the submitted Proposal; that the Proposal is made in good faith without fraud, collusion, or connection of any kind with any other Proposer; the Proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm. 18. DISPUTES In case of any doubt or differences of opinions as to the items or service to be furnished hereunder, or the interpretation of the provisions of the Request for Proposal, the decision of the County shall be final and binding upon all parties. 19. LOBBYING Commencing with the issuance of this RFP, Proposers or others acting on their behalf are cautioned not to undertake any activities or actions to promote their proposals. Proposers or others acting on their behalf shall not make direct or indirect (through others) contact with members of the Deschutes County Board of Commissioners, County staff, or others to promote its proposals. Violation of this requirement may, in County's sole discretion, be grounds for disqualifying the Proposer from further consideration. 20. NON-DISCRIMINATION IN EMPLOYMENT The successful Provider's attention is directed to the provisions of Oregon Revised Statutes, Chapter 659, and prohibiting discrimination in employment. 21. PROPOSAL NOT A CONTRACT Neither this Request for Proposals nor responses to it constitute a contract between the County and the Proposer. The County reserves the right to negotiate specific contract terms with the selected Proposer. 22. VERBAL STATEMENTS NOT BINDING Statements made by County representatives concerning this Request for Proposal are not binding upon the County unless confirmed in writing by a duly authorized employee/official. 23. STATE AND FEDERAL LAW COMPLIANCE Provider must comply with all applicable requirements of federal and state civil rights law and rehabilitation statutes. As applicable, the successful Provider agrees to comply with all applicable provisions of the County and Oregon public contracting law. DESCHUTES COUNTY REQUEST FOR PROPOSALS 2023-751 Page 9 of 18 DESCHUTES COUNTY COMMUNITY JUSTICE DEPARTMENT REQUEST FOR PROPOSALS FOR Proposal Response Form Submit by e-mail to: trevor.stephens@deschutes.org A signature on this form acknowledges that the proposed provider is hereby submitting a proposal in response to Deschutes County's Request for Proposal. Submitting this form ensures the Provider will be included in any communications regarding addendums to the RFP or questions being responded to prior to RFP Due Date. Authorized Signature: Contact Name: Title: Phone: Email Company Name: Company Address: DESCHUTES COUNTY REQUEST FOR PROPOSALS Page 10 of 18 Attachment 2 - ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS Contractor shall at all times maintain in force at Contractor's expense, each insurance noted below. Insurance coverage must apply on a primary or non-contributory basis. All insurance policies, except Professional Liability, shall be written on an occurrence basis and be in effect for the term of the contract. Policies written on a "claims made" basis must be approved and authorized by Deschutes County. Workers Compensation insurance in compliance with ORS 656.017, requiring contractor and all subcontractors to provide workers' compensation coverage for all subject workers, or provide certification of exempt status. Worker's Compensation Insurance to cover claims made under Worker's Compensation, disability benefit or any other employee benefit laws, including statutory limits in any state of operation with Coverage B Employer's Liability coverage all at the statutory limits. . In the absence of statutory limits the limits of said Employers liability coverage shall be not less than $500,000 each accident, disease and each employee. This insurance must be endorsed with a waiver of subrogation endorsement, waiving the insured's right of subrogation against County. Professional Liability insurance with an occurrence combined single limit of not less than: Per Occurrence limit Annual Aggregate limit X $1,000,000 X $2,000,000 ❑ $2,000,000 ❑ $4,000,000 ❑ $3,000,000 ❑ $5,000,000 Professional Liability insurance covers damages caused by error, omission, or negligent acts related to professional services provided under the contract. The policy must provide extended reporting period coverage, sometimes referred to as "tail coverage" for claims made within two years after the contract work is completed. X Required by County ❑ Not required by County (one box must be checked) Commercial General Liability insurance with a combined single limit of not less than: Per Single Claimant and Incident All Claimants Arising from Single Incident ❑ $1,000,000 0 $2,000,000 X $2,000,000 X $4,000,000 ❑ $3,000,000 ❑ $5,000,000 Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury, property damage, premises, operations, products, completed, operations and contractual liability. The insurance coverages provided for herein must be endorsed as primary and non-contributory to any insurance of County, its officers, employees or agents. Each such policy obtained by contractor shall provide that the insurer shall defend any suit against the named insured and the additional insureds, their officers, agents, or employees, even if such suit is frivolous or fraudulent. Such insurance shall provide County with the right, but not the obligation, to engage its own attorney for the purpose of defending any legal action against County, its officers, agents, or employees, and that contractor shall indemnify County for costs and expenses, including reasonable attorneys' fees, incurred or arising out of the defense of such action. The policy shall be endorsed to name Deschutes County, the State of Oregon, their officers, agents, employees and volunteers as an additional insured. The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against policy limits to ensure that minimum insurance limits required by the County are maintained. Construction contracts may include aggregate limits that apply on a "per location" or "per project" basis. The additional insurance protection shall extend equal protection to County as to contractor or subcontractors and shall not be limited to vicarious liability only or any similar limitation. To the extent any aspect of this Paragraph shall be deemed unenforceable, then the additional insurance protection to County shall be narrowed to the maximum amount of protection allowed by law. X Required by County ❑ Not required by County (One box must be checked) DESCHUTES COUNTY REQUEST FOR PROPOSALS Page 11 of 18 Automobile Liability insurance with a combined single limit of not less than: Per Occurrence ❑ $500,000 ❑ $1,000,000 X $2,000,000 Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services under this contract. Commercial Automobile Liability is required for contractors that own business vehicles registered to the business. Examples include: plumbers, electricians or construction contractors. An Example of an acceptable personal automobile policy is a contractor who is a sole proprietor that does not own vehicles reqistered to the business. X Required by County ❑ Not required by County (one box must be checked Additional Requirements. Contractor shall pay all deductibles and self -insured retentions. A cross -liability clause or separation of insured's condition must be included in all commercial general liability policies required by the contract. Contractor's coverage will be primary in the event of loss. Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with the signed contract. Contractor shall notify the County in writing at least thirty (30) days in advance of any cancellation, termination, material change, or reduction of limits of the insurance coverage. The Certificate shall also state the deductible or, if applicable, the self -insured retention level. Contractor shall be responsible for any deductible or self -insured retention. I certify that I acknowledge the above insurance information as a requirement to enter into a contract with Deschutes County. I also certify that I carry the required insurance limits as stated in this Exhibit or can, if selected as a result of this RFP, obtain the required insurance and provide proof of the required insurance certificates prior to signature and execution of the contract. Signature: Date: Printed Name and Title: DESCHUTES COUNTY REQUEST FOR PROPOSALS Page 12 of 18 Attachment 3 — EXECUTIVE SUMMARY (if consortium, please fill one out for each business entity). 1. Proposer's Legal Name Firm Name Address Telephone 2. Briefly summarize your program design: 3. M Chief Executive Contact Name of Chief Executive Title Telephone E-mail Address Primary Application Contact Name of Primary Contact Title Telephone E-mail Address 5. Legal Status Information Federal Employer Tax Identification or Social Security Number Oregon Tax I.D. Number An unsigned proposal will be rejected I certify that the information provided in this proposal is true and correct to the best of my knowledge and that I have been duly authorized by Provider's governing body or other authority to file this proposal. This proposal is submitted as firm and fixed offer valid for one hundred twenty (180) days of the submission date. Signature: Date: Printed Name and Title: DESCHUTES COUNTY REQUEST FOR PROPOSALS Page 13 of 18 Attachment 4 can be no longer than 20 pages so please limit answers accordingly to ensure it remains within 20 pages. 1. Please describe the structure and philosophy within which you would operate the housing program as outlined in RFP documents if you were awarded the contract. The answer should demonstrate your agency's experience, knowledge and ability to administer the housing program as described above. The answer should demonstrate the agency's understanding of the population served and the complex and dynamic issues facing clients on supervision who have no minor contact restrictions or who are required to register as a sex offender. 2. Please describe any past experience your agency has working with justice -involved individuals, including individuals who have restrictive contact conditions or who are required to register as a sex offender. 3. Please explain in detail your agency's experience in locating an acceptable property for the services as described in the RFP. What have you done in the past? What has worked well? What areas do you anticipate will be challenging? 4. Please describe what process you will use to find a location in Central Oregon. Outline any challenges you anticipate and any strategies you will use to mitigate those. Outline any community notification or feedback process that you will incorporate. Please ensure your process includes accounting for any restrictions that the population may have in terms of distance from locations where minors are located or gather. While not all individuals will meet criteria for strict residential requirements, some may, and the county will only approve property locations that are not near to locations where children are the primary occupants or users (includes, but is not limited to, public and private elementary and secondary schools and licensed childcare centers). Please review ORS 144.641, 144.642, 144.644, and any other applicable laws. DESCHUTES COUNTY REQUEST FOR PROPOSALS Page 14 of 18 5. Imagine you have found the perfect location for the house you are heading in to sign the papers to complete the purchase. You receive a phone call from an angry neighbor who has learned about the house. What would you tell the neighbor and how would you handle this? 6. Where do you anticipate will be the best location for this house in Deschutes County? Do you have any potential properties in mind? 7. How do you propose to utilize the acquisition funds? Will you buy a new property or will you be seeking permission to utilize something that you already own or something that costs more than the current allocation described above? 8. What do you anticipate being the biggest challenging in finding a location to purchase? 9. What type of staffing/management arrangement are you proposing with this house? Please describe in detail. If a live-in manager will be onsite please describe the requirements for that position and how they will be compensated for those duties. If there will be no live-in manager on site please make sure to clearly outline a schedule that shows at least 40 hours of contact with the house 5 days a week include Sat and/or Sun. 10. The grant provides initial funds to purchase the house, furnish it, and provide initial startup costs. It does not include funds for operational expenses year to year. How do you propose funding the operations of this service each year? At the end of the 10-year restrictive use period the house will belong to the awarded provider without any further restrictions. Do you anticipate utilizing equity in the home to fund operations? How do you anticipate this changing over time until the end of the restrictive use period? Please include a breakdown of how you would utilize the funds described above. DESCHUTES COUNTY REQUEST FOR PROPOSALS Page 15 of 18 11. What cost if any do you propose you will need to charge to Adult Parole and Probation for ongoing operational costs? 12. Clients utilizing the housing/bed services will have differing abilities to pay. How do you propose handling clients who have funds to pay and those who do not have funds to pay? What type of client billing/funding structure would you anticipate putting in place to ensure the services meet the needs as outlined in the RFP? What is your experience with locating public housing assistance for clients in similar programs? 13. What housing stability services as described in 4 under 5. SCOPE OF SERVICES in the RFP do you anticipate offering and how will you structure these services? 14. What ancillary services do you anticipate offering? 15. How will you manage clients that are in different places in terms of their readiness to change (pre -contemplative versus a client in action stage) Also clients that are in different housing status and housing stability (for example shelter beds versus housing beds)? What challenges do you anticipate? How will you mitigate these challenges? 16. What is your agency's understanding of how social identities and community belonging impact a person's life, including their journey through the justice system? Social identities are those aspects of a person's identity or description either self-selected or socially determined such as gender, race, ethnicity, sexual orientation, geographic, linguistic or culture. DESCHUTES COUNTY REQUEST FOR PROPOSALS Page 16 of 18 17. What does your agency do to recognize, honor and support social identities and community belonging that are important and impactful to your clients? 18. What are features of your housing program that will recognize, honor and support the diverse social identities and community belonging of residents? 19. What behavior or outcomes would you define as a success for clients in a Shelter bed? 20. What behavior or outcomes would you define as a "needs improvement" for clients in a Shelter bed? 21. What behavior or outcomes would you define as a success for clients in a Housing Bed? 22. What behavior or outcomes would you define as a "needs improvement" for clients in a Housing Bed? 23. Please identify any key performance measures that you would envision with this contract and explain how you would measure them and define success. Do you currently have any performance measures your track internally and is so what mechanism do you use to track them? 24. Please describe anything additional that you believe will help us in making a decision on awarding the contract. DESCHUTES COUNTY REQUEST FOR PROPOSALS Page 17 of 18 Evaluation Criteria Value Service Delivery: Ability of the proposer to provide 25 Points services as detailed in the RFP. Knowledge, Experience, and Expertise: Proposers 25 Points knowledge, past experience, and staff. Human -Centered Focus and Understanding of Low Barrier 10 Points from proposal: Proper's responses clearly articulate an understanding of client focus and low barrier. Collaboration and Community Awareness: proposal clearly 10 Points reflects an understanding of the complexity around the project and siting a location. Proposal clearly shows an ability to collaborate with County and community stakeholders as necessary. Financial Creativity: creativity around solutions to fund 20 Points project. Performance Measures and Deliverables: proposal 10 Points outlines some key output and outcome measures and reflects an understanding of needing to make data informed decisions. Total points available 100 Points DESCHUTES COUNTY REQUEST FOR PROPOSALS Page 18 of 18 MEETING DATE: BOAR® OF COMMISSIONERS August 23, 2023 SUBJECT: Oregon Department of Fish and Wildlife Mule Deer Presentation RECOMMENDED MOTION: N/A; presentation only. BACKGROUND AND POLICY IMPLICATIONS: Following the withdrawal of the mule deer inventory update project on June 26, 2023, the Board of County Commissioners (Board) expressed interest in hearing from the Oregon Department of Fish and Wildlife (ODFW) concerning the mule deer population decline in the region. ODFW will give a presentation discussing the issues surrounding the population decline and will then offer the Board opportunities for further questions. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, AICP, Senior Planner Oregon Department of Fish and Wildlife staff MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner DATE: August 16, 2023 SUBJECT: Oregon Department of Fish and Wildlife Mule Deer Presentation Following the withdrawal of the mule deer inventory update project on June 26, 2023, the Board of County Commissioners (Board) expressed interest in hearing from the Oregon Department of Fish and Wildlife (ODFW) concerning the mule deer population decline in the region. The inventory update project that was led by the Long -Range Planning Division focused on land use regulations to address habitat fragmentation. However, as noted by ODFW as well as in public testimony, there are a multitude of factors affecting the mule deer population decline. While many of these factors —such as poaching, predation, and vehicle strikes —are beyond the purview of County land use regulations, ODFW will discuss efforts currently underway to study the multiple elements associated with population decline at the regional, state and federal level. ODFW will give a presentation discussing these issues and will then offer the Board opportunities for further questions. MEETING DATE: BOARD OF COMMISSIONERS August 23, 2023 SUBJECT: Deliberations on a request to vacate a portion of Schibel Road BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Road Department received a petition to vacate a portion of Schibel Road in Section 05 of Township 17S, Range 12E, W.M. As the petition for vacation did not include acknowledged signatures of owners of 100 percent of property abutting the proposed vacation area, a public hearing was required. The required public hearing was commenced on August 91n and continued to August 161n BUDGET IMPACTS: None ATTENDANCE: Cody Smith, County Engineer/Assistant Road Department Director PETITION FOR VACATION OF A PUBLIC ROAD TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS We, the undersigned (holding recorded interest or abutting the proposed property or owning improvements constructed on the proposed property for vacation), respectfully request the following described road be vacated. n ,_/ Description of road to be vacated: c, !`7- 4v GA ed Located in R e y�o( Deschutes County. Reason for road vacation request: DATED this day of J 20 22— PRINT NAME SIGNATURE ADDRESS CIT,' STATE ZIP ock Lry,�� �c>,t �,c� (oy2�f5 Ste, b_/ 1efl2y tjml ileusr Lp�f2�f5 5�, J c� Ce 9 70.3 Aa i( xk3t,crUlyaese/ 0P 977U) STATE OF1OREGON ) County of JP, 3ci CA-c S ) ss. On this day of JIA a✓ Y , in the year 202, before me, a Notary Public, personally appeared °` r I `"�� �'� �''�' Re `�� _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNES my hand and offi l seal oFFrtt STAMP iic for Ore on. TINA MARAR1E MORRIS Rota g NOTARY PUBLIC-OREGON My Commission expires: COMMISSION NO.996354 MY COM ASSION EXPIRES JANUARY 28, 2024 STATE OF OREGON ) County of On this �' day of \ In the year 20�, before me, a Notary Public, personal) appeared Te a Y Pr- 'R ccrt l E, Yedt me on the basis of satisfactory evidence) to be the Person(s) whose n me(s) Ware) subscribnally known to me ed t or proved to instru th,Wpe vim ey) executed It. TINA MARIE MORRIS WITNES my h�1, official seal NOTARY PUBM-O REOON ` COMMISSION NO.996354 Not p blic for Oron. MY COMMISSION EXPIRES JANUARY 28, 2021 My Commission expires: STATE OF OREGON ) County of On this UL'day of , in the year 20x, before me, a NotaryPublic , Personally appeared personme on the basis of satisfactory evidence) to be the persons) whose nam (s)as€(a ej ubscr€bed toknto me (or �h€sed to 1 (she, they) executed ft. TINA MARIE MORRIs WITNES my hand and offrcl .' NOTARY PUBLIC-OREGON COMMISSION NO.9963s4 Not bile for O MY COMMISSION EXPIRES JANUARY 28, 2U24 nigon My Commission expires: STATE OF OREGON ► 44 py-1 ss. Cou of } On this , In the year 20_ ,before me, a Notary Public, rsonall appeared Ppeared me on the basis of sati ory evidence} to be the personally kn n to me (or proved t instrument, and acknawledg at he (she, they) exe uted fwhose name(s) is( subscribed to this WITNESS my hand and offic' seal I CERTIFY THAT THIS IS THE TRUE AND ADDRESS TELEPHONE: for TED BY ME. PETITION FOR VACATION OF A PUBLIC ROAD TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS We, the undersigned (holding recorded interest or abutting the proposed property or owning improvements constructed on the proposed property for vacation), respectfully request the following described road be vacated. Description of road to be vacated: _See attached Located in , Deschutes County. Reason for road vacation request: See attached DATED this day of iA 20 as PRINT NAME lSIGNATURE Kathryn Gates, Trustee Jeffrey Gates, Trustee STATE OF OREGON ss. County of��-BPS ) ADDRESS CITY STATE ZIP TnWIfte-_64227 Schibel Rd, Bend, OR 97703 ; e,!r%64227 Schibel Rd, Bend, OR 97703 On this a,,/,,) day of Ju( � , in the year 20Dabefore me, a Notary Public, personally appeared Kathryn Gates, Trustee of the Jeffrey & Kathryn Gates Rev LIV Trust, personally known to me (or proved to me on the basis of satisfactory evidence) to s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, it. M MP No a Public for Ore on.KLAY ry ga1/0�oNOT�� My Commission expires: 11CO10216WSION ARY 2 202b STATE OF OREGON ) ) ss. County of bE�l: ke& ) On this day of s cd u _ , in the year 2022before me, a Notary Public, personally appeared Jeffrey Gates, Trustee of the _Jeffrey & Kathryn Gates Rev LIV Trust,_ personally known to me (or proved to me on the basis of satisfactory evidence) to b erson(s) whose name(s) is(are) subscribed to this instrument, and acknow t he (she, executed i . OMFMALSrT' icial seal KATtE MARIE CLAY NOTARY PUBI GORE" �omms,SION NO 10216 0 Notary u i #�Y001u �SStOt�eXPIRESr�EBPUX 202d My Commission expires: a i (, STATE OF OREGON ss. County of On this day of , in the year 20____, before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires: On this day of , in the year 20_, before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. GNA RE 6yaa7 p�AVA,(,' ADDRESS TELEPHONE: fil $15-no'OB Reason for Vacating, the southern portion of Schibel Rd 1-Invalid Dedication due to Restrictions and Reservations - Septic was installed & permitted by Deschutes County in 1980, repaired and permitted by Deschutes County in 1991. The Deed of Dedication was accepted in 1994 by Deschutes County. The 60foot width encroaches upon the septic system, that was approved by Deschutes County. 2-Reduces property values of the 3 tax lots requesting this Vacation, which is 75% of the owners. 3-Decades old trees and landscaping would be lost. 4-Since 1994, the county has never used, improved, nor plowed this road to our knowledge. Not once that we know of has the county plowed the snow during the major snowstorms of 2017 & 2019. 5-The southern portion of the road that is requested to be vacated Chas not been used by the general public and has only been used as access and a driveway for tax lots 1$06 and 1901. 6-Traffic will increase, and no traffic study has been done that we know of. 7-Safety of the young children living on Schibel Road is a concern of the parents and neighbors 8-It is not in the General Public's best interest. 9-Induced to sign the dedication under false pretenses. We were told we could remove the southern portion of the dedication with a "single item deletion" 10-Tax lot 100 to the south will not suffer loss of access as the site address of 64145 Old Bend Redmond Hwy is permitted, approved and installed. EXHIBIT A SCHIBEL ROAD - VACATION A STRIP OF LAND BEING 60.00 FEET WIDE, 30.00 FEET ON EACH SIDE OF CENTERLINE (WHEN MEASURED AT RIGHT ANGLES) LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SE 1/4, SW 1/4, NW 1/4) AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW 1/4, SW 1/4), ALL IN SECTION 5, TOWNSHIP 17 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA POINT FROM WHICH THE CENTER WEST ONE -SIXTEENTH CORNER OF SAID SECTION 5 BEARS NORTH 34042'51" EAST, 51.73 FEET, THENCE NORTH 0004351" WEST, 161.76 FEET; THENCE SOUTH 88'32'18" WEST, 76.94 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 300.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 16-54'37", AN ARC LENGTH OF 88.54 FEET (THE CHORD OF WHICH BEARS SOUTH 80-05'00" WEST, 88.22 FEET); THENCE SOUTH 71037'41" WEST, 39.52 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 110.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 65`21'54", AN ARC LENGTH OF 125.49 FEET (THE CHORD OF WHICH BEARS NORTH 75`41'22" WEST, 118.80 FEET); THENCE NORTH 43000'25" WEST, 81.60 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 140.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 80°07'12", AN ARC LENGTH OF 195.77 FEET (THE CHORD OF WHICH BEARS NORTH 02°5649" WEST, 180.21 FEET); THENCE NORTH 37'06'47" EAST, 125.37 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 300.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 27017'49", AN ARC LENGTH OF 142.93 FEET (THE CHORD OF WHICH BEARS NORTH 50-45'42" EAST, 141.58 FEET); THENCE NORTH 64*24'36" EAST, 40.87 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 150.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 48-27,11", AN ARC LENGTH OF 126.85 FEET (THE CHORD OF WHICH BEARS NORTH 40-11'00" EAST, 123.10 FEET) TO A POINT ON THE ONE-SIXTYFORTH LINE AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION, THE SIDELINES ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID ONE-SIXTYFORTH LINE AND AT THE SOUTH LINE OF TAX LOT 17120513001800. TOGETHER WITH THE FOLLOWING DESCRIBED STRIP OF LAND BEING 60.00 FEET WIDE, 30.00 FEET ON EACH SIDE OF CENTERLINE (WHEN MEASURED AT RIGHT ANGLES) WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH -SOUTH CENTERLINE OF THE NORTHWEST QUARTER OF SAID SECTION 5 FROM WHICH THE CENTER WEST ONE -SIXTEENTH CORNER BEARS SOUTH 00-43'51" EAST, 536.04 FEET, THENCE NORTH 83°16'31" WEST, 147.04 FEET TO THE SIDELINE OF THE ABOVE DESCRIBED STRIP OF LAND AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION, THE SIDELINES ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID SIDELINE OF THE ABOVE DESCRIBED STRIP OF LAND AND AT SAID NORTH -SOUTH CENTERLINE OF THE NORTHWEST QUARTER. THIS LEGAL DESCRIPTION AND EXHIBIT MAP ARE BASED ON COUNTY SURVEY NO. 11789. R�GI�T�RE® PROFESSIONAL. JULY- 1s,. 1994 BRIAN- W. �REEVI NEWAL. OATE17.-31--2 'EXHIBIT B' Q SCHIBEL ROAD VACATION W LOCATED IN THE SW 1/4, NW 1/4 AND THE NW 1/4, I m I SW 1/4 OF SECTION 5, T. 17 S., R. 12 E., W. M. S—N 1 /64 LINE N89'58'42"W HOLLYHOCK 1994 LIVING TRUST 64245 SCHIBEL ROAD TAX LOT 171205B001901 / o^ Ap/ 30�Ox A fl P( I o0. ti AVM. `dj 00 \ 6O. SCALE 1" = 100' E—W CENTER 1/4 LINE 795.52' 102.86' Aco /OG / N8316'31 "W 147.04' PORTION OF SCHIBEL ROAD / TO BE VACATED JEFF AND KATHY GATES 64227 SCHIBEL ROAD TAX LOT 171205B001800 C 8.54S88'32'18"W 4, C 3�' A,1 w R �00.00' 76.94' 2 49 5 ' 110' 00' 39 5 z � O 'v w rn � CURVE TABLE CURVE LENGTH RADIUS DELTA BEARING CHORD Cl 88.54' 300.00' 16'54'37" S80'05'00"W 88.22' C2 125.49' 110.00' 65'21'54" N75'41'22"W 118,80' C3 195.77' 140.00' 80'07'12" NO2'56'49"W 180.21' C4 142.93' 300.00' 27'17'49" N50'45'42"E 141.58' C5 1 126.85' 1 150.00' 1 48*27*11" 1 N40'11'00"E 123.10' P.O.B. OF 60' WIDE EASEMENT BEARS S34.42-51 "W, 51.73' FROM CW 1/16 COF z I U) N o m W Z �n m ;u rn r z m 0 n z cn � w rn � o --L, N- j o .L "� SCHIBEp D m m w c� N r rn 00 rn z 0 o� z0 �z � D L C � ;urn A <_ zSR 0 co 0 CW 1 /16 CORNER SECTION 5 T17S, R12E, W.M. REGISTERED PROFESSIONAL. IN om EXHIBIT A SCHIBEL ROAD — DEDICATION A STRIP OF LAND BEING 60.00 FEET WIDE, 30.00 FEET ON EACH SIDE OF CENTERLINE (WHEN MEASURED AT RIGHT ANGLES) LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SE 1/4, SW 1/4, NW 1/4) IN SECTION S, TOWNSHIP 17 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH —SOUTH CENTERLINE OF THE NORTHWEST QUARTER OF SAID SECTION 5 FROM WHICH THE CENTER WEST ONE —SIXTEENTH CORNER BEARS SOUTH 00'43'51" EAST, 536.04 FEET, THENCE NORTH 83'16'31" WEST, 3.92 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 105.88 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 82'05'22", AN ARC LENGTH OF 151.70 FEET (THE CHORD OF WHICH BEARS NORTH 42'13'50" WEST, 139.05 FEET); THENCE NORTH 01'11'09" WEST, 20.44 FEET TO A POINT ON THE ONE—SIXTYFORTH LINE AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION, THE SIDELINES ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID NORTH —SOUTH CENTERLINE OF THE NORTHWEST QUARTER AND AT THE ONE—SIXTYFORTH LINE. THIS LEGAL DESCRIPTION AND EXHIBIT MAP ARE BASED ON COUNTY SURVEY NO. 11789. REGISTERED Y PROFESSIONAL l"t.vo BRIAN-. 'EXHIBIT B' SCHIBEL ROAD DEDICATION LOCATED IN THE SE 1 /4, SW 1 /4, NW 1 /4 OF SECTION 5, T. 17 S., R. 12 E., W. M. S-N 1/64 LINE N89'58'42"W HOLLYHOCK 1994 LIVING TRUST 64245 SCHIBEL ROAD TAX LOT 171205B001901 795.52' 30' { 30' /\ 60 �8 0. DEDICATION \ 3.92'-- N83'16'31 " w S-CHIBEL ROAD M N83'16'31 W D ;7 m r- m a)O U)r- JEFF AND KATHY GATES o o 64227 SCHIBEL ROAD rnn w Z O TAX LOT 171205B00l800 - c, u m O l� T C m O 1V Z .z..� z m < D C 0 n w AX < ZOD _ O D V � SCALE 1" = 100' I E-W CENTER 1/4 LINE CURVE TABLE CURVE I LENGTH I RADIUS DELTA I BEARING I CHORD C6 1 151.70' 105.88' 1 82'05'22" 1 N42'13'50"W 139.05' CW 1 /16 CORNER SECTION 5 T17S, R12E, W.M. REGISTERED PROFESSIONAL BRIAN A. -PEE 0 We, the are the owners of Tax tot 1712MM1901 M Desdwtee County, Oregon. The proposed road vacation of a portion of Schlbel Road will deprive us of am" to a public road necessary for the mmclse of our recorded property ri^ According to Oregon Revised Statutes 368.331: 368.M t.trtrt ROW on cree of vacation pnoceadings to alhnkNft access. A coun(y governing body shall not Vocals publlc lands under ORS 3M 320 to W& 3W ff Me vacation mxdd alaprho an ownerof a mowdedpttaperty right of aooess necessary for me exenlse of that property right tu* 8 81 the county gotremMg body has the consent of the owner. 1Me hereby give the Board of Courtly Cormtissioners of Deschutes County, Oregon consent to proceed with the proposed road vacation of a portion of Schibei Road. DATED this m'J']_ day of _'�_ *,br U Vk r � 20�. Madem S Wheeler. Owner as Tn►stee T A erne, Owner Ifo"odc 1994 Living Thirst, STATE OF Elfa`r�� County : 1ws#� y SS. The foregoing Instrument waq admowledged before me by Marlene S. Wheeler this.SM day of T- irL)AC Y ,2i(Q. o NOTARY PUBLIC FOR QRfia@N o Comb" 'r t" MY COMMISSION EXPIRES: _ V911VM fi STATE OF"OFt * County a P %,mA The W'Wuff ant was acknoWOdged befcxe me by Terry A Rennie Oft day of V *-h tOj Vifi y , 20�3. AVOW IWF" NOTARY PUBLIC FOR 63511EGGi i��. JIM `"''' MY COMMISSION EXPIRES: Ir tom e�sua� raycomma. �s.2= SERVICE PROVIDER CONSENT FOR RIGHT OF WAY VACATION Xa � r 1 r V , a4e S, , as Chief Petitioner, intends to submit a petition for Deschutes (Chief Petitioner's Name) County, Oregon to vacate the public right of way described or depicted in the attached documents. As a utility or other service provider, Avion Water Company, Inc. Does not have existing facilities within the area proposed for vacation. ❑ Have existing facilities within the area proposed for vacation. Further, as a utility or other service provider, Avion Water Company, Inc. XConsents to the vacation of this section of public right of way. ❑ Consents to the vacation of this section of public right of way but requests that an easement for utilities be granted within the area to be vacated by the underlying property owner. ❑ Does not consent to the proposed right of way vacation for the following reason: Print Name of Service Provider Representative Signature Ref: Schibel Road Vacation lP C i!AE Representative's Title ` 3, .- Date cn 0 o B 0AL- EE; C-7) pq M CA (n OD C> 1 * = m w 0 -0 a) CD l< rT-1 Es! pr% CD , x 6 CD 0fp C:) C C9 -4 w -4 x n C? m c K=1 -sa 0 r") IT I mN T Z$ 8 51 t .. 86 Co /.o ., Z 2 8 08 sm 0 O OLD BEND-REDMOND HWY Cil cn SERVICE PROVIDER CONSENT FOR RIGHT OF WAY VACATION Kathy Gates as Chief Petitioner, intends to submit a petition for Deschutes (Chief Petitioner's Name) County, Oregon to vacate the public right of way described or depicted in the attached documents. As a utility or other service provider, _ Central Electric Cooperative Inc (Service Provider Name) ❑ Does not have existing facilities within the area proposed for vacation. Have existing facilities within the area proposed for vacation. Further, as a utility or other service provider, Central Electric Cooperative Inc (Service Provider Name) ❑ Consents to the vacation of this section of public right of way. Consents to the vacation of this section of public right of way but requests that an easement for utilities be granted within the area to be vacated by the underlying property owner. ❑ Does not consent to the proposed right of way vacation for the following reason: If the proposed new Road is dedicated to the public an easement for CEC's existing facilities located within the proposed new ROW will need to be created Parneli Perkins Print Name of Service Provider Representative Land & ROW Specialist Representative's Ttle 7.7 Signatur Date NAMNOT.01AMMM TO: Board of County Commissioners FROM: Cody Smith, County Engineer/Assistant Road Department Director DATE: July 14, 2023 SUBJECT: Road Official's Report Vacation of a Portion of Schibel Road in Section 05, Township 17S, Range 12E, W.M. Background: Deschutes County Road Department has received a petition to vacate a portion of Schibel Road in Section 05 of Township 17S, Range 12E, W.M.. The Petitioners, who are owners of abutting or underlying property to the proposed vacation area, are: • Jeffrey and Kathryn Gates, owners of Tax Lot 1800 on Assessor's Map 17-12-05B (Chief Petitioner); • Marlene Wheeler Rennie, owner of Tax Lot 1901 and joint owner of Tax Lot 1400 on Assessor's Map 17- 12-05B; and • Terry A. Rennie, joint owner of Tax Lot 1400 on Assessor's Map 17-12-05B. The following individuals are owners of abutting or underlying property to the proposed vacation area who are not Petitioners to the proposed vacation: • Carl Elwyn Owens III, owner of Tax Lot 1900 on Assessor's Map 17-12-05B; and • John Kevin O'Leary, owner of Tax Lot 100 on Assessor's Map 17-12-05C. Schibel Road is a local access road that is not maintained by Deschutes County. From Old Bend Redmond Highway, Schibel Road proceeds west; approximately 1,240 ft. west of Old Bend Redmond Highway (within the boundaries of Tax Lot 1800), Schibel Road branches into two alignments, one alignement bearing north and one alignement bearing southwest. The northerly alignment across Tax Lot 1800 presently does not coincide with the established right of way. The subject right of way proposed for vacation includes the entirety of the right of way lying within the boundaries of Tax Lots 1800 and 1901, which includes the intersection of the two aforemention alignments and the southwest alignment. The owners of Tax Lot 1800 have agreed to dedicate a new public right of way across their property to coincide with the existing as -travelled alignment of Schibel Road for the north alignment. The subject right of way proposed for vacation is 60 feet wide and was Page 1 of 5 created by dedication deed recorded at the Deschutes County Clerk's Office as Deed No. 1994-46818. Most of the length of Schibel Road within the proposed vacation is paved at varrying widths; Road Department staff understand that the road improvements were funded and constructed by current or previous owners of the underlying properties and that the improvements were not funded by the County. There are presently public utilities within the proposed vacation area consisting of facilities owned and operated by Central Electric Cooperative. Page 2 of 5 Figure —Aerial Photo of Proposed Vacation Area The Petitioners provided the following reasons (in bold italics) for the proposed vacation; Road Department staff responses to the reasons provided by the Petitioners are also given below: 1. Invalid Dedication due to Restrictions and Reservations —Septic was installed & permitted by Deschutes County in 1980, repaired and permitted by Deschutes County in 1991. The Deed of Dedication was accepted in 1994 by Deschutes County. The 60 foot width encroaches upon the septic system that was approved by Deschutes County. Road Department staff assert that the dedication of the subject portion of Schibel Road was valid, as Deed No. 1994-46818 includes valid offer of the dedication by the owners of the underlying property at the time of dedication and acceptance by the County governing body at the time of dedication. Based on a review of Community Development Department property records for Tax Lot 1800 on Assessor's Map 17-12-OSB, it does appear that a portion of the disposal field and reserve area for the subject property's onsite wastewater system may exist within the proposed vacation area. Additionally, an outbuilding and a portion of a livestock corral also appear to exist within the proposed vacation area. Road Department staff note that, while this situation encumbers both the public right of way and the underlying property, it does not invalidate the public road dedication. 2. Reduces property values of the 3 tax lots requesting this Vacation, which is 75% of the owners. Road Department staff will not address this statement as it is not verifiable or indicative of a necessity to vacate the public's interest in a property. 3. Decades old trees and landscaping would be lost. Road Department staff will not address this statement as it is not verifiable or indicative of a necessity to vacate the public's interest in a property. 4. Since 1994, the county has never used, improved, nor plowed this road to our knowledge. Not once that we know of has the county plowed the snow during the major snowstorms of 2017 & 2019. Road Department records indicate that no County -funded maintenace or improvement of the subject portion of Schibel Road has ever occurred; however, Road Department staff note that County -funded maintenance of a local access road is forbidden under state law and that absence of County -funded maintenance is not indicative of a necessity to vacate the public's interest in a property. S. The southern portion of the road that is requested to be vacated has not been used by the general public and has only been used as access and a driveway for tax lots 1800 and 1901.John Kevin O'Leary, owner of Tax Lot 100 on Assessor's Map 17-12-05C, has indicated to Road Department staff that he has interest in using it for future access. Nonetheless, Road Department staff believe that, generally, the subject right of way has only been used to access Tax Lots 1800 and 1901 as indicated by the Petitioners. The primary access to Tax Lot 100 on Assessor's Map 17-12-05C is from Old Bend Redmond Highway. 6. Traffic will increase, and no traffic study has been done that we know of. Road Department staff will not address this statement as it is not verifiable or indicative of a necessity to vacate the public's interest in a property. Page 3 of 5 Z Safety of the young children living on Schibel Road is a concern of the parents and neighbors. Road Department staff will not address this statement as it is not verifiable or indicative of a necessity to vacate the public's interest in a property. 8. It is not in the General Public's best interest. The Board of County Commissioners will make this determination. 9. Induced to sign dedication under false pretenses. We were told we could remove the southern portion of the dedication with a "single item deletion. Current Road Department staff have no knowledge of the requirements or circumstances under which the subject right of way was dedicated in 1994. Road Department staff note that Jeffrey and Kathryn Gates, Chief Petitioners and owners of Tax Lot 1800 on Assessor's Map 17-12-05B, were partial grantors for the 1994 dedication deed. 10. Tax lot 100 to the south will not suffer loss of access as the site address of 64145 Old Bend Redmond Hwy is permitted, approved and installed. As indicated above, the primary access to Tax Lot 100 on Assessor's Map 17-12-05C is from Old Bend Redmond Highway. A review of Assessor's Tax Map 17-12-05B indicates that the proposed vacation would effectively landlock Tax Lot 1901, potentially depriving the owners of that property of access necessary for the exercise of their property right. In regards to this matter, Road Department staff note that the submitted petition included a loss of access consent form signed by the property owners. T he Petitioners submitted completed service provider consent forms from those providers serving within or adjacent to the proposed vacation area; those service providers and their responses are listed below: • Avion Water Company, Inc. o Representative: Mike Heffernan, Engineering Department o Service provider does not have existing facilities within the area proposed for vacation o Service provider consents to the proposed vacation • Central Electric Cooperative o Representative: Parneli Perkins, Land and ROW Specialist o Service provider does have existing facilities within the area proposed for vacation o Service provider consents to the proposed vacation but requests that an easement for utilities be granted within the proposed vacation area. Service provider emailed Road Department staff on June 12, 2023 indicating that easement documents had been secured and that their organization was supportive of the proposed vacation. Findings: Based upon the submitted petition materials, responses to service provider notices, and the Road Department's research of the subject right of way, the Road Department makes the following findings: • The proposed vacation area was dedicated to the public by dedication deed recorded at the Deschutes County Clerk's Office as Deed No. 1994-46818 (ORS 368.326). • Owners of a recorded property right that would potentially be deprived of access necessary for the exercise of that property right with the proposed vacation have consented to the proposed vacation (ORS 368.331). Page 4of5 • The Petitioners, who represent the owners of more than sixty (60) percent of property abutting the subject right of way, have submitted complete petitions and submitted the required fee (ORS 368.341(1)(c); ORS 368.341(3); ORS 368.341(4); ORS368.351). • As the petition for vacation does not include acknowledged signatures of owners of 100 percent of property abutting the proposed vacation area, the vacation proceedings are subject to a public hearing (ORS 368.346). • The subject right of way does not appear to be necessary for current or future public use. • The subject right of way appears to coincide with onsite wastewater system components, an outbuilding, and other private property improvements for Tax Lot 1800 on Assessor's Map 17-12-05B. Recommendation: Based on the above findings, the Road Department has determined that the proposed vacation is in the public interest. The Road Department recommends that the Board of County Commissioners approve the proposed vacation with adoption of Order No. 2023-017 subject to the following conditions: 1. Prior to vacation of the subject right of way, the owners of Tax Lot 1800 on Assessor's Map 17-12-05B shall execute a dedication deed to coincide with the existing as -travelled north alignment of Schibel Road. 2. The vacated property shall vest with the rightful owner or owners holding title according to law in accordance with ORS 368.366(1)(c). This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of county property. Page 5of5 BOARD OF COMMISSIONERS MEETING DATE: August 23, 2023 SUBJECT: Deliberations of Hearings Officer decision on initiation of use involving a marijuana production facility in the 26200 block of Willard Road BACKGROUND AND POLICY IMPLICATIONS: On August 9, 2023, the Board of County Commissioners conducted a hearing to review a Hearings Officer decision on an initiation of use application. At the conclusion of the hearing, both the oral and written record were closed, and the Board requested staff schedule a date for deliberations. The deliberations will occur on August 23, 2023. The deliberation matrix is attached. BUDGET IMPACTS: None ATTENDANCE: Avery Johnson, Assistant Planner Anthony Raguine, Principal Planner N ►-.4 i W C L o L i N O O Y ~ Co �- N ai bo N C r6 C O O al co -o N N C EO v v 1 'v °in' c >O -pa H rCo 3 C z o -oluo N U v Q v c c v Q x M v C aj N a) O .3 N E c Q ao E o �° y c O .E aco v .Q a) a _^ v>M O O v a c c v o ao -o o .N E° v °. w o a^o v v .� a v v E v o v m a a c v ° > p U 'n oQ y..+O0 u , ° aJ Na/ 'E -0 oU a1 = -aa) O oYL C° ,O Oa1 -O LN O " (AQ O- O ON a1 -6a) Ym NYc c -O O -O O 6 p O U C 0 0p 0 C t °D M mc rQa O > 4 NQ ° LL -O N N m Q N (Yi U a v � C a) o c O a w y ro o >,� C .Q b4 -o a1 L v1 U E V1 aJ by U C '- a� C v C > L I aJ al al Q O y v aJ Y V Cv= c C v v Q O' Q O- L v Q o v, L O Q a 7 +' O in rp Y ro N _ @ Q O c C .E C O +-' i� ^ Y O - ra O L v '� �^ N Y O _T rn a c ° O 1p7 lu a, Q Q o > a° v0 3 7 a N_ c c `° bQ o ._ 'o m bA to rn T - a1 o° �T -6 _C Y C aJ -O aJ >0 IN .� U Q vi •� Q -6 v v c o0 C i -C Y ,C C L 7 p C p Y op i V L-+ C V1 Y C r6 Y b-0 i�. a) m" O ° al N v - rp v w w C - - -O O N O Y o >, a) w v j v o c O - bCO C O O Q° E Q �W* G N O -° v .0 Q O G -° O_ O aJ >' O c p w C c p ._ E a> > E p_ vi O -o O '-' O r6 `� C > O N U aJ Q r6 -O 7 >> 0> 7 i v1 p a) �' ( rC6 ,° V T '- - w Q -o E° O- d rq N aJ aJ Q> a1 �' O i C N O 'i -o i i,Q7 aJ C - aJ Q O= aJ U O a E O C N O O U Q ._ L o U io O C ro O a1 Q o o v N Q Q C m L U N b.0 ° vOi L v Q N a) L G C Q Y g y O L T v a a o rn t- n y n' n E v p c - Y 3 a a .N Q v n Vl ,c c .� o QL 6-E v v v� Y ' co .O i v v p av a > o o ° E I is .� N o o IVo v > v 0_-. ° a Q L a) L O> '�"' a o C O .O rp E v rp C C w aJ � v V• • -p v � � a1 � O al r6 � ° c c cq v o ° C a c c c a 0 Do Y- p 3 c c c ° rn 0 a U c w •, o- v v u c o S 6 v c v o a m o c o o 0 Q" OQ_. N Y Y U O O O N a1 Q b-0 � "Oo O L L t L C v U E U O" O L Y Y bA L o C a1 N C U aJ E N al c v c v o v y c o v v N OaL.� '� N Q C ro N in a) p to >T i M -o O Y c v C o v U o O p C E. = N o v° Y o v N v i Q 3 0 n o O(v N L O O C a/ C O Q p O F Y Y C -O -O v- r6 Y 0- L U -O U L TY Tp' v'O aJ _ Y C > r6 W V yT. O N CO O Y O p ro w O m C �,p c E +-� N Q a N a) f6 Vx 4- Q N o 0 7 0O O C v 7 E° ru Q a aJ t .Y Cp Y 0 O Q Ln vOi C Q! Q F- .- U N E Q¢ m ai E c _o Q ua-o N O ° 0 aE LYYW f L C U 7 aJ i U i ' - o oo ° a - CW O 0 O -o � E O U �-2 2 - N M M O Up 0 v o@ -icL C o ° c ° c cp E° N o 'o Q O C oM ra N C 'O yr Q j Q O L a) .Y L -O E CU i m O 7 c � N aJ c U c N O C 9 Y Q ,y v o -C- V Y@ Y- L > o m U w O O v° v o Q O N y M "O 'a�aL.+ 3 Y- Y N C Oy N L N _° Q N c N L G! N r6 C .� Y O N C L Q +' U C -6 OU L _ N O O Q �-, U L°L N t6 - .- N LL N 3 ro M O m ._ O U Y yr v- "o o c cri O n°10 a N O N W bD f0 d X t0 C O l0 O m O N N O O O M N r 7 N vT E S COG2.a BOARD OF COMMISSIONERS MEETING DATE: August 23, 2023 SUBJECT: ARPA Updates and Funding Considerations RECOMMENDED MOTION: Move approval of allocations of general ARPA funds (or ARPA contingency) to specific projects as determined by the Board. BACKGROUND AND POLICY IMPLICATIONS: In FY21, Deschutes County was awarded approximately $38.4 million in American Rescue Plan Act (ARPA) funds through the Federal Government. The Deschutes County Board of Commissioners has since allocated almost all ARPA funds toward categories including affordable housing, childcare, food assistance, homelessness, public health and Covid-19, mental health, small businesses, non -profits, and water and broadband infrastructure. During the August 23 meeting, the Board of Commissioners will consider use of the remaining ARPA funds, including current funding obligations, new ARPA considerations and new community requests. Finance recommends the Board consider allocating $1,625,000 of ARPA funds for current obligations and projects the Board has previously discussed. This action would formalize the use of APRA funds for the eligible expenditures. Administration recommends the Board consider allocating $2 million to provide support services to two to three future managed/supported homeless camps to successfully implement the County's new Camping Code over the next two years. Staff does not currently have a detailed cost estimate for supported/managed camps. Costs will ultimately depend on the approved scope of services. Finance recommends the Board consider allocating up to $1 million as a formal obligation to provide for reimbursement of ARPA eligible County expenditures already incurred. ARPA regulations require all funds to be obligated by December 31, 2024, and funds to be spent by December 31, 2026. By obligating funds now to this project, the County will have the option to use the reimbursed funds on other discretionary projects and ensures the County will utilize all unspent funds by the December 31, 2026 deadline without needing to return funds to the U.S. Treasury. The reimbursement would occur if there were any unspent funds between the 2024 obligation deadline and the 2026 spending deadline. The Board will hear requests from County staff and community members attending, as well as a summary from Finance staff, including current obligations and fund analysis. The attached document provides a summary of current considerations. BUDGET IMPACTS: Deschutes County remaining ARPA funds total $5,159,829, with current obligations, considerations and new community requests totaling $9,483,517. ATTENDANCE: Karen Prow, Neighborlmpact Childcare Resources Director Rick Russell, Mountain View Community Development Janice Garceau, Health Services Director Emily Horton, Public Health Program Manager Holly Harris, Behavioral Health Director Cheryl Smallman, Health Services Business Officer Robert Tintle, Chief Financial Officer Laura Skundrick, Management Analyst Nick Lelack, County Administrator (Virtual) 1� 0 76 u LL V) CL =5 -14 0 0 4-J CL _0 Ln 0 110 O . . 0 0 . 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 0 0 O 00 q ;0,.q q q p p q q - 9 - q q q - q q - q . . . . . a . . . . . . . . . . . 0 0 0 0 0 0 0 0 0 0 . 0 0 0 0 . . 0 M Fo ai. t < 2 x > u -Z... w E c2 2 E E 8 U- o o o 2 0 0 0 0 0 0 0 0 0 0 0 C-) 0 0 0 0 oo C� Lli C� C� C� Lq C� c� c� r�� tc� c� Vi c� c� c� c� lz� 0 Ln (D " r 0 0 0 - m 0 u � C) 1) " Z3, I�r 0 0 rl � 0 C:, C, 0 0 0 C, ton (I loj� 0 il ton o 1, 0 C� cl, a-i z 0 c o m 'Oi m 4 45 E Lu O c ao c -o W w O 'E E = o _c _c a a) < m u Of Q) 4-j CL 0 0 4--J 76 4-J > 0 C) +j 4-1 V) cr) Ln 0 -oo, 0 of 0 r14 u -Ln -Ln CIO American Rescue Plan Act (ARPA) Funding Allocations August 23,2023 Available ARPA Funds: ARPA Funds Balance Category , Balance General ARPA Funds Available $2,977,406 Contingency - Public Health Response $624,395 Contingency - Health Unintended Consequences $651,381 Contingency - Childcare Workforce Development $906,000 TOTAL AVAILABLE ARPA FUNDS < $5,159,182' ARPA Eligible Obligations, Considerations, and New Community Requests: Project ARPA Request Notes Current Veterans Village Operations $450,000 Total obligation: Obligations (Through 12/31/2026) $100,000/year for 10 years Veterans Village Cabins $300,000 Eligibility approved City of Redmond Wastewater Treatment $500,000 Total obligation: Plant Capacity / Expansion with $1,000,000 Terrebonne Wastewater Recommendation: $500,000 ARPA; 500,000 future PILT Coordinated Houseless Response Office $375,000 Total estimated' (Through 12/31 /2026) obligation$1,250,000.= ($250,000 X 1.5 years) ARPA Eligible Obligations Sub -total $1,625,000 New ARPA Homeless Camps (supported/managed) $2,000,000 Water distribution, Considerations sanitation services, other DCHS Public Health Crisis Client Support $174,000 (Contingency request) DCHS Public Health Response & Recovery $1,101,045 (Contingency request) Deschutes County Reimbursement of ARPA $1,000,000 Move to discretionary Eligible Costs ' fund reserve or provide contingency for any unspent funds prior to 12/31 /2026 New ARPA Considerations Sub -total $4,275,045 New ARPA Parametrix Terrebonne Wastewater $190,000 Original award: Community System - Additional Funds $300,000 Requests The Shield Veterans Counseling - $25,000 Original award: Additional Funds $20,000 La Pine Rural Fire Protection District AEDs $121,472 Tumalo Wastewater SystemConversion $75,000 Assist in the formation Seed Funding of a Sanitary District Mountain View Transitional Sheltering $1,500,000 Placeholder amount pending project details Neighbor Impact Childcare Workforce $142,000 Original award: Development - Pathways Program Year 3 $ 284000 (Contingency request) (Years 1 & 2) Neighbor Impact Childcare Workforce $530,000 Original award: Development - Fast Track Teacher Training $1,060,000 Year 3 (Years 1 & 2) (Contingency request) Neighbor impact Food Warehouse $1,000,000 Original award: Expansion - Additional Funds $2,400000 Inspire Early Learning` Centers $24,400 Staff & work"toward 32' new childcare slots` Sisters New Childcare Center $429,621 New center in Sisters 49 children' New ARPA Community Requests Sub -total $4,037,493 TOTAL ARPA OBLIGATIONS, CONSIDERATIONS, REQUESTS $9,937,538 �vTES CO C, G A BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, AUGUST 23, 2023 Barnes Sawyer Rooms - 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@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 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 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 oryou may leave a brief voicemail at 541.385.1734. CONSENT AGENDA Approval of Resolution No. 2023-049 regarding right-of-way acquisitions for construction of road improvements on Powell Butte Highway and Butler Market Road 2. Approval of Behavioral Health Sponsorship for Oregon Recovers 3. Authorizing the extension of the Criminal Justice Commission's Restorative Justice grant to December 31, 2024 4. Consideration of Board Signature on letter reappointing Jeff Swan for service on the Black Butte Ranch County Service District Managing Board. 5. Consideration of Board Signature on letter reappointing Rosemary Norton for service on the Black Butte Ranch Service District's Budget Committee. 6. Consideration of Board Signature on letter thanking Steve Strang for eight years of service on the Deschutes County Public Health Advisory Board. 7. Approval of the minutes of the July 24, 2023 BOCC meeting ACTION ITEMS 8. 9:10 AM Public Hearing on the proposed conveyance of property on Drafter Road in La Pine to Foundation for Affordable Housing 9. 9:25 AM Request for Proposals from Deschutes County Community Justice Department for New Shelter and Housing Units for Male Justice -Involved Individuals 10. 9:35 AM Deliberations: Repeal of the Conventional Housing Combining Zone August 23, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 11. 9:50 AM Oregon Department of Fish and Wildlife Mule Deer Presentation 12. 10:35 AM ARPA Updates and Funding Considerations 13. 11:20 AM Deliberations on a request to vacate a portion of Schibel Road 14. 11:35 AM Deliberations of Hearings Officer decision on initiation of use involving a marijuana production facility in the 26200 block of Willard Road 15. 12:05 PM Second reading of an ordinance amending Deschutes County Code relative to camping and other sleeping associated activity on public property LUNCH RECESS 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. 16. Executive Session under ORS 192.660 (2) (d) Labor Negotiations ADJOURN August 23, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3