2023-328-Minutes for Meeting September 06,2023 Recorded 10/18/2023BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County
Steve Dennison, County Clerk
Commissioners' Journal
CJ2023-328
10/18/2023 9:40:52 AM
1211111111111111111111111111111
BOCC MEETING MINUTES
9:00 AM
WEDNESDAY September 6, 2023
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair and Phil Chang. Also present were County Administrator Nick
Lelack; 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: Vice Chair Adair called the meeting to order at 9:00 am and noted the
excused absence of Commissioner DeBone.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
• Carl Shoemaker relayed his support of the proposal to allow RVs to be designated
as residences.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
1. Approval of Board Order No. 2023-017, vacating a portion of Schibel Road
2. Approval of Document No. 2023-821, a Right of Way Dedication Deed for a
Portion of Schibel Road
BOCC MEETING
SEPTEMBER 6, 2023 PAGE 1 OF 6
3. Consideration of Board Signature on letters thanking Art Sharkey and appointing
Amy Varner and Eva Wild for service on the Four Rivers Vector Control District
Board
4. Consideration of Board Signature on letter appointing Jennifer Letz to the Bicycle
and Pedestrian Advisory Committee
5. Consideration of Board Signature on letters thanking Ann Marland and Scott
Morgan for their service on the Bicycle and Pedestrian Advisory Committee
6. Approval of minutes of the BOCC July 26 and August 7, 2023 meetings
CHANG: Move approval of the Consent Agenda as presented
ADAIR: Second
VOTE: CHANG: Yes
ADAIR: Vice Chair votes yes. Motion Carried 2 - 0
ACTION ITEMS:
7. Contract with Bend -La Pine School District and Mosaic Community Health
for the School -Based Health Center at Bend High School
Jessica Jacks, Prevention and Health Promotion Program Manager, explained the
purpose of school -based health centers, which are clinics in schools that offer
affordable, convenient health care to students and their families. The health
center at Bend High School is a collaboration of three partners: the County, the
Bend -La Pine School District, and Mosaic Community Health.
Responding to Commissioner Chang, Jacks said the school -based health centers
are paid for with State funds which are passed through to the program partners.
Commissioner Chang commended the leadership of the County's Health
Services Department for making these services available to youth in the
community.
CHANG: Move approval of Board signature of Document No. 2023-563, a
contract with Bend -La Pine Schools and Mosaic Community Health for
a school -based health center at Bend High School
ADAIR: Second
BOCC MEETING
SEPTEMBER 6, 2023 PAGE 2 OF 6
VOTE: CHANG: Yes
ADAIR: Vice Chair votes yes. Motion Carried 2 - 0
8. Contract with Bend -La Pine School District and Mosaic Community Health
for the School -Based Health Center at Mountain View High School
Jessica Jacks, Prevention and Health Promotion Program Manager, said the
school -based health center at Mountain View was relocated from Ainsworth
Elementary last May towards the end of the school year.
Commissioner Chang asked if this clinic is accessible to students from other
schools. Jacks confirmed that any student can receive services at any school -
based site.
jacks credited Mosaic Community Health for its successful fundraising campaign
to secure the needed modular building for this clinic.
CHANG: Move approval of Board signature of Document No. 2023-566, a
contract with Bend -La Pine School District and Mosaic Community
Health for the School -Based Health Center at Mountain View High
School
ADAIR: Second
VOTE: CHANG: Yes
ADAIR: Vice Chair votes yes. Motion Carried 2 - 0
9. Presentation: Deschutes County Broadband Needs Assessment Report
Tania Mahood, IT Director, introduced representatives from Central Oregon
Intergovernmental Council (COIC) and consultants from Magellan
Broadband who assisted in developing the Deschutes County Broadband Needs
Assessment Report over the past year in partnership with the Deschutes
County Broadband Action Team (BAT).
Shelby Knight, COIC Resilience Planner, explained that federal funding has been
made available to address the lack of available and affordable internet in many
areas, which impacts access to healthcare, education and job opportunities.
Greg Laudeman, a consultant with Magellan Broadband, said the goals of the
needs assessment were to determine existing needs, identify possible projects
to address those, and assess the feasibility of the projects in terms of funding
availability, public -private investment opportunities, and ability to meet current
and anticipated future standards. Laudeman reviewed the inventory of
BOCC MEETING
SEPTEMBER 6, 2023 PAGE 3 OF 6
infrastructure and se!vices now availar;lc, and shared maps showing current
upload and dowr.!oad speeds according to geographic locations, noting some
areas with zero service.
Laudeman said extensive stakeholder input gathered from various entities and
sectors resulted in the identification of service gaps and priority projects. These
include extending fiber to serve the Crooked River Ranch and Terrebonne areas
as well as places north of Sisters and south of La Pine. Other possible projects
are a redundant fiber route from Bend to Salem and wireless broadband
solutions for remote, rural areas. Laudeman shared the evaluations conducted
of each identified priority project in terms of technical requirements and costs
and other considerations.
Laudeman presented the recommendations of the plan along with the proposed
five -step action plan, as follows:
1. Organize a task force for each priority project;
2. Identify and fully engage stakeholders for priority areas;
3. Define priority project areas, outcomes, tasks, and work products;
4. Seek public funding; and
5. Maximize private investment.
In response to Commissioner Chang, Laudeman said federal and state funding
sources exist for each of the identified priority projects with the possible
exception of keeping local traffic local, which requires little to no funding.
Laudeman added that for providers, the long-term return on investment of
installing fiber infrastructure is very good.
Scott Aycock, COIC Community and Economic Development Director, confirmed
that COIC will work with Deschutes County in addition to Crook County and
Jefferson County to submit a regional application to the Broadband Assistance
Program for grant funding.
Commissioner Adair asked about the deadline dates for submitting grants.
Knight said timelines vary but in general, COIC anticipates submitting grants in
2024 and 2025.
Commissioner Chang said ODOT's Lower Bridge project in Terrebonne might
pose an opportunity to coordinate the placement of fiber in the ground at a
reduced cost if done in conjunction with already planned roadwork.
BOCC MEETING SEPTEMBER 6, 2023 PAGE 4 OF 6
10. SB 1013 Overview / Residential Tenancies in RVs
Tanya Saltzman, Senior Planner, said Senate Bill (SB) 1013, which allows but does
not obligate counties to permit the use of recreational vehicles as residential
tenancies in rural residential areas, will take effect on January 1st. Saltzman
provided an overview of SB 1013, noting no minimum acreage requirement
applies.
Commissioner Adair asked if a property owner would have to require rent from
the tenant. Saltzman said staff will explore whether rent must be paid, or if this
could be a nominal charge to cover utility and other expenses.
Continuing, Saltzman said residential tenancy RVs would only be allowed on
property that already has one single family dwelling. A residential tenancy RV
cannot be utilized as a short-term rental, and the RV must be owned or leased by
the tenant. The property owner must provide essential services such as electrical,
water and sewage disposal. A lease agreement must be entered into and the
County can require that the use be registered.
Saltzman noted variables in the State bill including "reasonable appearance" and
whether an adequate snow load capability of the RV should be addressed and if
so, how. Staff advises that the Board determine if any setbacks will be required
and decide whether to impose a minimum acreage requirement.
Commissioner Adair asked if the RVs must be drivable. Saltzman confirmed they
must be moveable and licensed.
Responding to Commissioner Chang, Will Groves, Planning Director, said if the RV
is not itself motorized, at the least it must have a hitch and wheels (i.e., be able to
be towed) and be titled as an RV.
Commissioner Chang asked about the wastewater disposal requirement and
whether this could be satisfied by allowing a tenant the use of a shop bathroom,
for example.
County Administrator Nick Lelack said the State has granted counties substantial
discretion on this use, and the Board has leeway to decide how permissive or
restrictive it wants to be insofar as allowing RVs as residences on private
property. He said staff will get clarification from the Department of
Environmental Quality whether contracted sewage disposal services (i.e.,
portapotties) are an option for this use.
BOCC MEETING
SEPTEMBER 6, 2023 PAGE 5 OF 6
Commissioner Chang supported crafting as simple and flexible of a process as
possible while ensuring that public safety and health considerations are
addressed.
Saltzman concluded that the Planning Commission will hold a public hearing on
draft criteria for implementing this program on November 9th
OTHER ITEMS:
• Commissioner Chang reported on a Public Health Advisory Board presentation
yesterday on opioids and stimulants and suggested that Matt Christensen be
invited to present this information to the Board.
• Commissioner Chang relayed his discussion last week with the Gales brothers
regarding using their property for a shelter or transitional housing. He
supported the County absorbing some of the costs to rezone that property in
the interest of facilitating a highly beneficial public program.
Commissioner Adair added she talked with Craig Gales about whether a rezone
would require a soil study and legal advice. She agreed this matter should be
discussed further by the full Board.
EXECUTIVE SESSION:
At 11:30 a.m., the Board went into executive session under ORS 192.660 (2) (e) Real
Property Negotiations. The Board moved out of executive session at 11:50 a.m. to direct
staff to proceed as directed.
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 11:50 pm.
DATED this 1 I day of ® '
Commissioners.
ATTEST:
rNan,EAnl��✓lZ�(
2023 for the Deschutes County Board of
ANTHONY DEBONE, CHAIR
PATTI ADAIR, VICE CHAIR
4.4-y
RECORDING SECRETARY PHIL CHANG, COMMISSIONER
BOCC MEETING
SEPTEMBER 6, 2023 PAGE 6 OF 6
\)TES
0 BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, SEPTEMBER 6, 2023
Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend
(541) 388-6570 I www.deschutes.org
AGENDA
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via YouTube using this link:
http://bit.ly/3mminzy. To view the meeting via Zoom, see below.
Citizen Input: The public may comment on any topic that is not on the current agenda.
Alternatively, comments may be submitted on any topic at any time by emailing
citizeninput@deschutes.org or leaving a voice message at 541-385-1734.
When in -person comment from the public is allowed at the meeting, public comment will also be
allowed via computer, phone or other virtual means.
Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer.
• To join the meeting 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 or you may leave a brief voicemail at 541.385.1734.
CONSENT AGENDA
1. Approval of Board Order No. 2023-017, vacating a portion of Schibel Road
2. Approval of Document No. 2023-821, a Right of Way Dedication Deed for a Portion of
Schibel Road
3. Consideration of Board Signature on letters thanking Art Sharkey and appointing Amy
Varner and Eva Wild, for service on the Four Rivers Vector Control District Board
4. Consideration of Board Signature on letter appointing Jennifer Letz to the Bicycle and
Pedestrian Advisory Committee
5. Consideration of Board Signature on letters thanking Ann Marland and Scott Morgan for
their service on the Bicycle and Pedestrian Advisory Committee
6. Approval of minutes of the BOCC July 26 and August 7, 2023 meetings
ACTION ITEMS
7. 9:10 AM Contract with Bend -La Pine School District and Mosaic Community Health
for the School -Based Health Center at Bend High School
8. 9:20 AM Contract with Bend -La Pine School District and Mosaic Community Health
for the School -Based Health Center at Mountain View High School
9. 9:30 AM Presentation: Deschutes County Broadband Needs Assessment Report
10. 10:00 AM SB 1013 Overview / Residential Tenancies in RVs
September 06, 2023
BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
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.
11. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
ADJOURN
September 06, 2023
BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
r ?� BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
Subject: I e5vt
Name Carl J. 5 h 0-e 1-
Address _, ; 7 NE 5th --.
13.41,1 ()R 97761
Phone #s
Date:(/ 023
E-mail address
Neutral/Undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
Opposed
No
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: September 6, 2023
SUBJECT: Approval of Document No. 2023-821, a Right of Way Dedication Deed for a
Portion of Schibel Road
RECOMMENDED MOTION:
Move approval of Board signature of Document No. 2023-821, a right of way dedication
deed for a portion of Schibel Road.
BACKGROUND AND POLICY IMPLICATIONS:
The 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 held regarding the matter on August 9, 2023,
and the hearing was continued to August 16, 2023.
On August 23, 2023, the Board of County Commissioners deliberated on the matter and
determined that the proposed vacation was in the public interest subject to a right of way
dedication by the owners of Tax Lot 171205B001800 for the as -travelled northerly
alignment of Schibel Road. The owners of Tax Lot 1712056001800 have executed and
submitted an acceptable right of way dedication deed that the Board will consider
concurrently with Order No. 2023-017.
Acceptance and recording of Document No. 2023-821 will establish a public right of way
over the property described therein.
BUDGET IMPACTS:
None
ATTENDANCE:
Cody Smith, County Engineer/Assistant Road Department Director
REVIEWED
IYv
LEGAL COUNSEL
After recording return to:
Deschutes County Road Dept.
61150 S.E. 27th Street
Bend, Oregon 97701
For Recording Stamp Only
DEED OF DEDICATION
The Jeffrey and Kathryn Gates Revocable Living Trust, Grantor, does hereby dedicate to the
public for roadway and utility purposes that parcel of land described in Exhibit "A" and depicted
in Exhibit "B", attached hereto and by this reference incorporated herein.
The true consideration for this conveyance is other consideration.
DATED this day of
atteskort
, 2023.
Xf2.7 4.
ffrey ates
Trustee, Jeffrey and Kathryn Gates Revocable Living Trust
STATE OF OREGON )
SS.
County of Deschutes )
Before me, a Notary Public, personally appeared Jeffrey Gates, and acknowledged the
foregoing instrument.
Dated this Z-5 day of A(AOtL LS t f) , 2023.
OFFICIAL STAMP
MCKENNA JADE LOVE
NOTARY PUBLIC-OREGON
COMMISSION NO. 1023069
MY COMMISSION EXPIRES MARCH 31, 2026
PAGE 1 OF 2 - DEED OF DEDICATION
NOTARY BLIC FOR OR
My Commi sion Expires: 3
// , t r a+h Gates
Trustee, Jeffrey and Kathryn Gates Revocable Living Trust
STATE OF OREGON )
SS.
County of Deschutes )
Before me, a Notary Public, personally appeared Kathryn Gates, and acknowledged
the foregoing instrument.
Dated this
25
day of A(ltA,)}
NOTARY RY PUBIC�C FOR ORE ON
My Commission Expires: j 3�
OFFICIAL STAMP
MCKENNA JADE LOVE
NOTARY PUBLIC-OREGON
COMMISSION NO. 1023069
MY COMMISSION EXPIRES MARCH 31, 2026
PAGE 2 OF 3 - DEED OF DEDICATION
, 2023.
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does hereby
accept the foregoing Deed of Dedication as a public road pursuant to ORS 93.808.
t-h..
DATED this 11 day of 4-MAd'v , 2023.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary trate(
A THONY DEBONE, CHAIR
PA
TI ADAIR, VICE CHAIR
HILHIL/ ANG CO ISSIONER
STATE OF OREGON )
SS.
County of Deschutes )
Before me, a Notary Public, personally appeared Anthony DeBone, Patti Adair, and
Phil Chang, the above -named Board of County Commissioners of Deschutes County,
Oregon, and acknowledged the foregoing instrument, on behalf of Deschutes County,
Oregon.
Dated this ' 1 day of
OFFICIAL STAMP
BRENDA FRITSVOLD
NOTARY PUBLIC-OREGON
COMMISSION NO. 1032287
MY COMMISSION EXPIRESJANUARY 3, 2027
PAGE 3 OF 3 - DEED OF DEDICATION
, 2023.
1)1±-crataL
NOTARY PUBLIC FOR OREGON
My Commission Expires: JG� 3 , Lb>7
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 5, 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.
REGISTE
RED
PROFESSIONAL
LAND SURVEYOR
JULY' 101, 1.94
BRIAN W. REEVES
',, ENEWAL DATE I , - f Z024
'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 795.52'
HOLLYHOCK 1994 LIVING TRUST
64245 SCHIBEL ROAD
TAX LOT 171205B001901
SCALE 1" = 100'
E—W CENTER 1/4 LINE
30'
r
SCHIBEL ROAD
DEDICATION N83•16'31 W
N83'16'312W
JEFF AND KATHY GATES
64227 SCHIBEL ROAD
TAX LOT 171205B001800
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ENEWAL DA
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: September 6, 2023 Department:
Contractor/Supplier/Consultant Name:
Road
Jeffrey and Kathryn Gates Living Trust
Contractor Contact: Contractor Phone #:
Type of Document: Dedication Deed
Goods and/or Services: Dedication of Public Right of Way for a Portion of Schibel
Road
Background & History: The 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 held regarding the matter on
August 9, 2023, and the hearing was continued to August 16, 2023.
On August 23, 2023, the Board of County Commissioners deliberated on the matter and
determined that the proposed vacation was in the public interest subject to a right of way
dedication by the owners of Tax Lot 171205B001800 for the as -travelled northerly alignment of
Schibel Road. The owners of Tax Lot 171205B001800 have executed and submitted an
acceptable right of way dedication deed that the Board will consider concurrently with Order No.
2023-017.
Acceptance and recording of Document No. 2023-821 will establish a public right of way over
the property described therein.
Agreement Starting Date: Upon recording Ending Date:
Annual Value or Total Payment:
None
Insurance Certificate Received check box)
Insurance Expiration Date:
N/Aj
Check all that apply:
n RFP, Solicitation or Bid Process
(1 Informal quotes (<$150K)
n Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes P No
9/6/2023
Is this a Grant Agreement providing revenue to the County? ❑ Yes ❑ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes n No
Contact information for the person responsible for grant compliance:
Name:
Phone #:
Departmental Contact and Title:
Department Director Approval:
Cody Smith
Phone #:
(X7113
for Chris Doty 9/6/2023
Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Record in Official Records. Please record deed WITHOUT staff report/agenda
item request and document summary form.
Official Review:
County Signature Required (check one):
BOCC (if $150,000 or more) — BOARD AGENDA Item
❑ County Administrator (if $25,000 but under $150,000)
❑ Department Director - Health (if under $50,000)
❑ Department Head/Director (if under $25,000)
Legal Review
Document Number
2023-821
Date
9/6/2023
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: September 6, 2023
SUBJECT: Presentation: Deschutes County Broadband Needs Assessment Report
RECOMMENDED MOTIONS:
N/A; information only.
BACKGROUND AND POLICY IMPLICATIONS:
Central Oregon Intergovernmental Council (COIC) and consultants from Magellan
Broadband will present the final Deschutes County Broadband Needs Assessment Report.
This report has been developed over the past year in partnership with the Deschutes
County Broadband Action Team (BAT), a group representing key sectors impacted by the
availability, reliability, and affordability of broadband including local government,
businesses, schools, public safety, internet service providers, and healthcare
representatives.
The final needs assessment report includes an inventory of current infrastructure and
services. It also establishes current and future standards for service levels based on the
needs of the region, highlights key gaps in broadband infrastructure and access, and
identifies priority projects and opportunities to address these gaps. COIC and the BAT will
use these findings to begin building out the partnerships, preliminary design and
engineering, and infrastructure funding opportunities for priority projects that were
identified through this process.
BUDGET IMPACTS:
No budget impact anticipated.
ATTENDANCE:
Tania Mahood, Deschutes County, IT Director
Scott Aycock, COIC, Community and Economic Development Director
Shelby Knight, COIC, Resilience Planner
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BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: September 6, 2023
SUBJECT: SB 1013 Overview / Residential Tenancies in RVs
RECOMMENDED MOTION:
None; information only.
BACKGROUND AND POLICY IMPLICATIONS:
Staff will provide an overview of Senate Bill (SB) 1013, which allows counties to allow
recreational vehicles as residential tenancies in rural residential areas, and highlight
potential items for future consideration. Staff seeks feedback from the Board on a potential
scope of work and timeline.
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: August 30, 2023
SUBJECT: Senate Bill 1013 / Recreational Vehicle Residential Tenancies
The purpose of this work session is to 1) provide an overview of Senate Bill (SB) 1013, which allows
counties to allow recreational vehicles as residential tenancies in rural residential areas, 2) to highlight
potential items for future consideration, and 3) to receive Board of County Commissioners (Board)
feedback on a potential scope of work and timeline. The full text of SB 1013 is provided as an attachment
to this memorandum.
I. SB 1013 / Overview
The Oregon Legislature adopted SB 1013 into law on July 23, 2023 (Attachment 1); the law becomes
effective January 1, 2024. SB 1013 authorizes a county to allow an owner of a lot or parcel in a rural area
to site on the property one recreational vehicle that is used for residential purposes and is subject to a
residential rental agreement and additional criteria outlined below. SB 1013 does not obligate a county
to allow RVs as residential tenancies. SB 1013 shares some criteria with recent rural ADU legislation in SB
391, such as the requirement to provide sewage disposal, and differs in other ways —for instance, no fire
hardening requirements are written into SB 1013, nor is there a minimum acreage. Staff is monitoring
the legislative process to allow rural accessory dwelling units, and notes that the implementation process
for SB 1013 will likely reveal similar complexities.
11. Selected Criteria
Staff is currently drafting a legislative amendment that addresses the criteria in SB 1013. In addition,
staff has identified other issues/criteria that touch on other issues not identified in the bill, including
compatibility, snow load, and septic capacity. All of these issues will be presented to the Planning
Commission, the Board, and the public through the legislative process.
Criteria included in SB 1013:
• Property cannot be in an urban reserve.
• A single-family dwelling that is occupied as the primary residence of the property owner must be
sited on the property.
• There are no other dwelling units on the property and no portion of the single-family dwelling is
rented as a residential tenancy.
• The RV cannot be utilized as a short-term rental.
• The RV must be owned or leased by the tenant.
• The property owner will provide essential services to the recreational vehicle space. Essential
services are defined in ORS 90.100 as:
A. Sewage disposal, water supply, electrical supply and, if required by applicable law, any
drainage system; and
B. Any other service or habitability obligation imposed by the rental agreement or ORS
90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in
habitable condition), the lack or violation of which creates a serious threat to the tenant's
health, safety or property or makes the rented space unfit for occupancy.
Options from SB 1013 for counties to require from the property owner:
• Register the use with the county.
• Enter into a written residential rental agreement with the tenant of the recreational vehicle.
• Limit the amount of payments that the property owner may accept from the tenant under ORS
90.140 to those reasonably necessary to cover the owner's costs or losses.
• Require that the recreational vehicle comply with any reasonable appearance, repair, inspection
or siting standards adopted by the county.
Additional criteria for consideration not included in SB 1013:
• Should a ramada/RV shelter be required to address snow load?
• Should the property owner provide storage for the tenant?
• Should there be a minimum acreage requirement to address both compatibility and wastewater
issues?
• Should there be additional setbacks for the same reasons?
• What criteria should address fire (distance between primary dwelling and RV, for instance)?
• Other.
III. Proposed Timeline / Next Steps
Staff understands that any legislative amendment with the potential to provide additional housing is a
priority for the Board but is also cognizant of the complexities currently being addressed in the
-2-
finalization of rural accessory dwelling amendments, which could influence amendments codifying SB
1013. Staff offers the below timeline recognizing the potential need for flexibility.
Staff is preparing for a first evidentiary hearing before the Planning Commission on November 9, 2023.
This means that notice, which includes draft amendments and findings, are required to be submitted to
the Department of Land Conservation and Development (DLCD) 35 days prior, on October 5. Staff
acknowledges that many decision points in the draft amendments that are currently unresolved will be
solidified through the public process. Depending on the length of the Planning Commission process
(duration of hearing, open record period, and deliberations) staff anticipates this matter coming before
the Board in December.
Attachment:
1. SB 1013
-3-
82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session
Enrolled
Senate Bill 1013
Sponsored by Senators HAYDEN, LINTHICUM, SMITH DB; Representatives BOICE, DIEHL,
GAMBA, HELFRICH, LEVY B, MORGAN (at the request of Clackamas County Chair Tootie
Smith)
CHAPTER
AN ACT
Relating to residential tenancies in recreational vehicles; creating new provisions; and amending
ORS 197.493.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2023 Act is added to and made a part of ORS chapter 215.
SECTION 2. (1) As used in this section:
(a) "Recreational vehicle" means a recreational vehicle that has not been rendered
structurally immobile and is titled with the Department of Transportation.
(b) "Rural area" means an area zoned for rural residential use as defined in ORS 215.501
or land that is within the urban growth boundary of a metropolitan service district, but not
within the jurisdiction of any city, and zoned for residential use.
(2) A county may allow an owner of a lot or parcel in a rural area to site on the property
one recreational vehicle that is used for residential purposes and is subject to a residential
rental agreement, provided:
(a) The property is not within an area designated as an urban reserve as defined in ORS
195.137;
(b) A single-family dwelling that is occupied as the primary residence of the property
owner is sited on the property;
(c) There are no other dwelling units on the property and no portion of the single-family
dwelling is rented as a residential tenancy;
(d) The property owner will not allow the use of the recreational vehicle space or recre-
ational vehicle for vacation occupancy, as defined in ORS 90.100, or other short-term uses;
(e) The recreational vehicle is owned or leased by the tenant; and
(f) The property owner will provide essential services to the recreational vehicle space,
as described in ORS 90.100 (13)(b).
(3) A county may require that an owner of a lot or parcel who sites a recreational vehicle
under this section:
(a) Register the use with the county.
(b) Enter into a written residential rental agreement with the tenant of the recreational
vehicle.
(c) Limit the amount of payments that the property owner may accept from the tenant
under ORS 90.140 to those reasonably necessary to cover the owner's costs or losses.
Enrolled Senate Bill 1013 (SB 1013-A) Page 1
(d) Require that the recreational vehicle comply with any reasonable appearance, repair,
inspection or siting standards adopted by the county.
(4) Notwithstanding ORS 455.405, a recreational vehicle sited under this section is not
subject to the state building code.
SECTION 3. ORS 197.493 is amended to read:
197.493. (1) A state agency or local government may not prohibit the placement or occupancy
of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle
as a residential dwelling, solely on the grounds that the occupancy is in a recreational vehicle, if
the recreational vehicle is:
(a) Allowed under section 2 of this 2023 Act;
[(a)(A)] (b)(A) Located in a manufactured dwelling park, mobile home park or recreational ve-
hicle park;
(B) Occupied as a residential dwelling; and
(C) Lawfully connected to water and electrical supply systems and a sewage disposal system;
or
[(b)] (c) On a lot or parcel with a manufactured dwelling or single-family dwelling that is
uninhabitable due to damages from a natural [disasters] disaster, including wildfires, earthquakes,
flooding or storms, until no later than the date:
(A) The dwelling has been repaired or replaced and an occupancy permit has been issued;
(B) The local government makes a determination that the owner of the dwelling is unreasonably
delaying in completing repairs or replacing the dwelling; or
(C) Twenty-four months after the date the dwelling first became uninhabitable.
(2) Subsection (1) of this section does not limit the authority of a state agency or local govern-
ment to impose other special conditions on the placement or occupancy of a recreational vehicle.
Passed by Senate April 5, 2023 Received by Governor:
Repassed by Senate June 15,2023
Lori L. Brocker, Secretary of Senate
Rob Wagner, President of Senate
Passed by House May 31, 2023
Dan Rayfield, Speaker of House
M., , 2023
Approved:
M., 2023
Tina Kotek, Governor
Filed in Office of Secretary of State:
M., , 2023
Secretary of State
Enrolled Senate Bill 1013 (SB 1013-A) Page 2