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2024-20-Minutes for Meeting January 03,2024 Recorded 1/19/2024T E S COG2< I BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 9:00 AM Recorded in Deschutes County CJ2024-20 Steve Dennison, County Clerk Commissioners' Journal 01 /19/2024 2:59:12 PM 2024-20 WEDNESDAY January 3, 2024 FOR RECORDING STAMP ONLY Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Patti Adair, Tony DeBone and Phil Chang. Also present were County Administrator Nick Lelack; Assistant Legal 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 webpage www.deschutes.org/meeting_s. CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: Ron Boozell shared that as an atheist, he is highly attuned to the message which is communicated when an elected representative wears a symbol of religion on his or her clothing. He asked that elected officials not do this as it signals that the person wearing the symbol represents one group more than others. Ashley Schreiber objected to the selected location of housing for male justice - involved persons, saying that the concerns of neighbors have not been sufficiently addressed. She referred to claims that the organization approved to manage the housing has failed to satisfactorily manage facilities in other areas, and urged that if this project moves forward, the shelter be designated for women only. BOCC MEETING JANUARY 3, 2024 PAGE 1 OF 7 Ryan Rudnick introduced his wife and daughters and said their neighborhood would not be the same if the proposed shelter is allowed to move forward. He reviewed the process undertaken to select a site and a program manager and claimed that many issues were not fully understood or addressed. Noting the location's proximity to a park, a bus stop, and residences where minors live, he questioned if the proposal aligns with the interests of nearby residents. Adding that the location is in a lower -income neighborhood, he believed this situation would further marginalize this community and emphasized that at a minimum, the facility should not house level 2 or level 3 sex offenders. In response to Commissioner Chang, County Administrator Nick Lelack confirmed that staff expects to publish answers to frequently asked questions regarding this project by tomorrow. • Dorinne Tye spoke to the negative health impacts of lead which issues from aircraft powered by piston engines, and said increased flight activity should not be allowed. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. Approval of Resolution No. 2024-001 authorizing an increase in change funds maintained by the County Clerk's Office 2. Approval of Purchase Agreement, Document No. 2024-020, and Dedication Deed, Document No. 2024-021, from Samuel Walker and George Walker for Right of Way for the Powell Butte Highway/Butler Market Road Intersection Improvement Project 3. Consideration of Board Signature on letters of appointment, reappointment and thanks for various committees and special road districts 4. Approval of minutes of the BOCC December 6 and 13, 2023 meetings DEBONE: Move approval of the Consent Agenda as presented CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING JANUARY 3, 2024 PAGE 2 OF 7 ACTION ITEMS: 5. Oregon Living With Fire Program Update Erik Kropp, Deputy County Administrator, introduced the matter. Kropp now is overseeing the Oregon Living With Fire Program given Joe Stutler's retirement. Jodie Barram and Jennifer Fenton (via Zoom), Co -Coordinators for the Oregon Living With Fire (OLWF) program, provided an update on OLWF's objectives and activities. Barram said OLWF has partnered with the Deschutes Trail Coalition and other organizations to host events which promote awareness of how to be prepared in the event of wildfire. Last fall, a grant workshop was offered to assist property owners in learning about and applying for grants to reduce fuels and establish defensible spaces. Commissioner DeBone agreed it is very important that people understand what defensible space is since it serves to reduce the threat from an approaching fire. He commented that the County's Road Department regularly conducts vegetation clearing efforts in the right-of-way for this reason. Barram said citizens can sign up to receive alerts via text about prescribed fires and smoke that results from them. 6. Application for a FEMA Building Resilient Infrastructure and Communities Grant to protect the High Desert Museum and the Museum at Warm Springs from fire Deputy County Administrator Erik Kropp described the request from Oregon Living With Fire (OLWF) to apply for a FEMA Building Resilient Infrastructure and Communities grant to protect the High Desert Museum and the Museum at Warm Springs from fire. Commissioner Chang noted this grant was applied for last year, but not awarded. He asked why was it determined to be ineligible last time, and what changes have been made to render it eligible in the upcoming cycle. Jennifer Fenton said the last grant application was viewed as a water delivery project and therefore not understood to be fire suppression rather than irrigation. Oregon's Department of Emergency Management supported submitting a reworded application, which was further changed to include a fire suppression system at the Museum at Warm Springs to protect indigenous BOCC MEETING JANUARY 3, 2024 PAGE 3 OF 7 7. artifacts. Fenton said the grant's 10% cost match requirement would be absorbed by the organization that would build these systems. Commissioner DeBone requested information as to which entities are eligible for BRIC grants and whether, if the North Unit Irrigation District pursues one of these, either or both applications might be impacted by the submission of the other as the projects are located in the same jurisdiction. Commissioner Adair requested to have a copy of the letter of support from Jefferson County for this grant application, which Barram agreed to forward to the Commissioners. CHANG: Move to authorize the submittal of an application to FEMA for a Building Resilient Infrastructure and Communities grant DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Reallocation of grant funds to Bend Heroes Foundation for Veterans Village Erik Tobiason of the Bend Heroes Foundation (BHF) provided an update on the Veterans Village program and presented a request to reallocate some of the grant funds awarded by the County for adding seven new housing units. Tobiason explained that the County had approved grant funding for several costs associated with the added units, including up to $53,000 in system development charges expected to be owed to the Bend Parks and Recreation District. As the District has now waived those charges, the BHF asks that these funds be reallocated to the remodel of Veterans Village's community building. Tobiason added that BHF had previously agreed to return these funds to the County if the District waived the system development charges. Commissioner DeBone noted the source of these grant funds is the County's General Fund. Commissioner Adair said Veterans Village is a highly successful program which she is very proud of because it truly makes a difference in transitioning homeless veterans into permanent housing. Saying he was very supportive of the program and adding the new units, Commissioner Chang said it was the County's choice to not grant a longer land BOCC MEETING JANUARY 3, 2024 PAGE 4 OF 7 8. lease to Veterans Village although a lengthier lease may have resulted in the City of Bend also agreeing to waive its system development charges for this project. Responding to Commissioner Chang, Tobiason said BHF requested a $400,000 contribution from the City of Bend for building the new units but was denied. Commissioner Adair appreciated that BHF has kept the cost of adding the new units below projections. Tobiason credited various contributors and partners for their fiscal responsibility and shared that some things are donated at no cost. CHANG: Move approval of Chair signature of an amendment to the Memorandum of Understanding with Bend Heroes Foundation and Central Oregon Veterans Outreach to reallocate $53,000 in grant funds towards the community building remodel project at Veterans Village ADAIR: Second VOTE: CHANG: Yes DEBONE: No ADAIR: Chair votes yes. Motion Carried 2 - 1 Amendment to the Intergovernmental Agreement between Deschutes County and the Oregon judicial Department for the Courthouse Improvement Project County Administrator Nick Lelack summarized the amendment proposed by the Oregon judicial Department (OJD) to the intergovernmental agreement (IGA) which formalizes State contributions to the County's courthouse expansion project. The proposed amendment would restrict the use of the third floor of this project for courtrooms. After reviewing the proposed amendment, County Counsel has advised certain changes. Commissioner Chang noted that if the County receives an additional $15 million from the State for this project, it could immediately begin earning significant interest on those funds. He said any possible interim use of the third floor space may not be a real possibility. Commissioner Adair commented on discussions with key persons from the federal court system over the last six months regarding establishing a district court in Central Oregon, and said she will continue to pursue this. Lelack explained that no motion is needed from the Board at this time. County Counsel will send proposed revisions to the amendment to the State for its BOCC MEETING JANUARY 3, 2024 PAGE 5 OF 7 consideration, and return to the Board for its approval of a negotiated amendment. OTHER ITEMS: • Commissioner Adair announced the annual Fair Association dinner on Monday, January 151" • Commissioner DeBone reported that during the legislative session, Senator Findley will host a weekly conference call of elected officials from Eastern Oregon counties. • Commissioner Adair said she may attend the wolf investigation training offered by the Umatilla Sheriffs Office in Pendleton on January 23rd • Commissioner Adair reported the death of a horse on New Year's Day which may have resulted from a heart attack caused by stress from fireworks. • Commissioner DeBone stated he will travel to Salem on Monday for AOC meetings. • Responding to Commissioner DeBone, Commissioner Chang confirmed that the Northwest Forest Plan amendment affects the upper area of the Deschutes River above the "owl line" which delineates habitat of the northern spotted owl. • Commissioner DeBone referred to an article by Gary Lewis regarding homeless camps and how these disrupt the seasonal migration of mule deer. • Commissioner Chang shared that he was contacted by Bend Mayor Pro Tern Perkins regarding the County's letter to AOC about a proposal for how to fund wildfire costs across the state; Perkins wishes to better understand the concerns of Deschutes County on this issue. Commissioner Chang added that Senator Goldman has proposed to explore whether reinstating a timber excise tax to fund wildfire suppression activities would be preferable to requiring that all citizens pay for fire protection in timber areas. • County Administrator Nick Lelack referenced a letter dated December 19t" from Shannon Davis, the Deputy Director of the State's Department of Environmental Quality (DEQ), requesting to meet with the County regarding future septic development and variances in South Deschutes County. Individual meetings with the Commissioners will be offered followed by a meeting with the full Board in early February. Commissioner Chang requested an analysis of previous efforts to secure goal 11 exceptions and why these were not successful. He said if a pathway exists to securing this exception, the County should be clear on what would be required. Commissioner DeBone said DEQ and the Department of Land Conservation and Development are at odds on this matter. He agreed that clear guidance is needed as to whether the State would authorize a goal 11 exception in South Deschutes County. EXECUTIVE SESSION: None BOCC MEETING JANUARY 3, 2024 PAGE 6 OF 7 Being no further items to come before the Board, the meeting was adjourned at 10:42 am. t� DATED this I 1 day of u10 2024 for the Deschutes County Board of Commissioners. ATTEST: RECORDING SECRETARY PATTI ADAIR, CHAIR ANTHONY DEBONE, VICE CHAIR PHIL CHANG, CONWISSIONER BOCC MEETING JANUARY 3, 2024 PAGE 7 OF 7 QQw1 E S C0� BOARD OF -�,� COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, JANUARY 3, 2024 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes.org 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 attend the meeting virtually 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 citizen in put@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 *9 to indicate you would like to speak and *6 to unmute yourself when you are called on. • When it is your turn to provide testimony, you will be promoted from an attendee to a panelist. You may experience a brief pause as your meeting status changes. Once you have joined as a panelist, you will be able to turn on your camera, if you would like to. 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 Approval of Resolution No. 2024-001 authorizing an increase in change funds maintained by the County Clerk's Office 2. Approval of Purchase Agreement, Document No. 2024-020, and Dedication Deed, Document No. 2024-021, from Samuel Walker and George Walker for Right of Way for the Powell Butte Highway/Butler Market Road Intersection Improvement Project 3. Consideration of Board Signature on letters of appointment, reappointment and thanks for various committees and special road districts 4. Approval of minutes of the BOCC December 6 and 13, 2023 meetings ACTION ITEMS 9:05 AM Oregon Living With Fire Program Update 6. 9:20 AM Application for a FEMA Building Resilient Infrastructure and Communities grant to protect the High Desert Museum and the Museum at Warm Springs from fire 7. 9:30 AM Reallocation of grant funds to Bend Heroes Foundation for Veterans Village 8. 9:50 AM Deschutes County - Oregon Judicial Department (OJD), Courthouse Improvement Intergovernmental Agreement, Amendment No. 1 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. January 03, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN January 03, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 Good morning my name is Ashley Schreiber. I would like to talk about Free on the Outside and the property at 640-652 Wilson Ave, for use in their transitional housing program. We feel that this is a very poor decision in location given the saturation of families, parks and schools. I empathize with anyone who is without a home, not by choice. While I have never experienced homelessness myself. I am a victim of domestic violence and sexual assault. My compassion lies not only with people who've had similar traumatic experiences, and the families in my neighborhood. But I also fear that disrupting this program might create homelessness as a result, and for that, I feel remorseful. I understand the unfortunate stigma around the term sex of -fender for many individuals, some having very old convictions. However, I do not sympathize having to carry the title of pedophile for the rest of your life, that's earned. What really makes me angry is the complete disregard for my neighbors and their viewpoints. We were never offered a neighborhood conversation in any way. It clearly says on the flyer that was supposedly circulated, to contact Mike Cross to address any questions or concerns, and provided his cell phone number. I can say personally he has not lived up to that commitment. I am very skeptical he visited all the homes he claims to have on November 27. It has come to my attention, in 2018, Mike Cross opened a halfway house in Oregon City. He acquired the property on Roosevelt St, and neighbors were kept in the dark until -the very last minute when it was conveniently, almost too late. But they protested as we have done. Mike Cross eventually negotiated with the neighbors. The house on Roosevelt, ended up being used specifically for Women and still is to this day. I have spoken to a couple of the neighbors involved in that 2018 pro -test against FOTO. I have valid reason to believe that these houses, including the Roosevelt property, are being poorly managed. It's January 3rd and we still have almost no answers to questions asked for over a month. The petition is Currently sitting at 750 signatures. I respectfully ask that you take our communities feelings on this issue into consideration. I propose that we immediately pause Free, on the Outside in their Bend operation, and follow in the footsteps of the neighborhood in Oregon City, who negotiated with Mike Cross. Please consider designating 640 - 652 Wilson Ave, specifically as a women's housing facility only. I think it's the most failr outcome for everybody. My other suggestion Would be to just walk it back and reevaluate the situation entirely. I trust the ethics of our County Government in doing the right thing. Thank you SO much. 1131 Mg JAB 3 2024 Good Morning Commissioners and Happy New Year, BOARD OF COMMISSIONERS _ Thanks to those of you who took my phone calls last week to discuss concerns-wi# 4QMINISTRATION - transitional housing approved for felons and sex offenders in a densely populated part of the Larkspur neighborhood in Bend. Helping felons and sex offenders rebuild their lives and return to society as productive citizens is a worthwhile cause. There is no doubt that COIC and the Deschutes County Community Justice Department had the best of intentions during the initial development of the grant agreement. However, the County fell into a difficult position with tight funding timelines and limited housing inventory for sale. As an unfortunate consequence of these factors, a property was selected that poses unacceptable risks to the neighborhood. Nonetheless, the Community Justice Department served you up a nice looking, well -decorated crap sandwich that was swiftly approved, before the issues could be fully understood and properly addressed. Key Concerns: • Inhabited Triplex Units: The timelines set forth in Schedule 1.2 require 6-8 sex offenders to be sheltered in the Triplex by January 1, 2023 (likely a typo). While one unit is currently vacant, the other two units are currently occupied and likely still will be by January 1, 2024 when the 6-8 sex offenders are expected to move in. One of these units is occupied by two young women and the other unit is occupied by a Hispanic mother and her 4 children. The County is forcing these women and children to live in the same building as sex offenders for an unknown period of time, until they can secure housing elsewhere and move out. While the existing tenants have been offered "cash for keys" incentives to move out earlier than required by law, lump sums of cash won't necessarily help them meet income requirements (i.e. 3x rent) with new rental applications and they will likely have difficulties relocating promptly. In a city that is struggling with homelessness, these women and children are being displaced in order I o make room for the 10-15 at a time (50 a year) convicts who will now occupy the triplex. ® Proximity to Minors: In addition to Kiwanis Park being 650-835 feet from this triplex, the neighboring properties are filled with families and kids. Additionally, the site's broader vicinity to four parks, bus stops, and Bend High School where students walk daily, adds to the heightened risks posed by housing sex offenders in the neighborhood. The new multi -use paths constructed as a part of the Wilson Corridor I Ip ovem nts p o ect will become an east -west thoroughfare for pedestrians and cyclists (including minors) directly in front of this property. Below a summary of the property's proximity to places where children congregate and travel: 0 0.59 miles to Bend High School 0 0.65 miles to Bear Creek Elementary 0 0.67 miles to Silver Rail Elementary School 0 0.12 miles to Kiwanis Park 0 0.20 miles to Vince Genna Stadium 0 0.41 miles to Jaycee Park 0 0.58 miles to Ponderosa park o Directly on the City Boute 12 (Wilson Ave) which includes anew multi -use path connecting east side trails and neighborhoods to the Old Mill District area attractions and trail networks. o One property away (-100 ft) from the planned neighborh9pd reenway on Centennial St for bike -friendly connectivity north -south in this part of town. • Public Opposition: A etitiorj was started on December 13, 2023 in opposition to the location chosen for the sex offender housing. In just 15 days the petition has gathered 736 signatures (and counting), along with many comments expressing serious concerns about this location. This should be sufficient evidence that sex offenders will not be welcomed by the neighborhood and that the public is very uncomfortable and upset with this decision by the County. We have pointed out several actions that appear to contradict the City of Bend Shelter Code and the terms of the grant agreement. 1 he County's response to all these items has been defensive and dismissive, claiming that everything done is perfectly legal and above board. We still have our doubts that a rushed process like this is legally flawless. But even if what the County has done here is sufficiently "legal", there are a few other important ethical questions that come to mind. is it wise? • Is it wise to site an alcohol recovery home next to a liquor store? • Is it wise to locate predators in a habitat abundant with vulnerable prey (i.e. sage grouse)? • Is it wise to locate a facility for up to 15 sex offenders and criminals with child proximity restrictions in a location where children live, play, walk, bike, roll, and wait for their bus? Is it aligned with its citizen's interests? • The petition opposed to this has 736 signatures and counting • There are hundreds of online comments expressing deep concern and disappointment with this decision. • Do you hear the public testimonies before you today? Is it socially just? • In a city that is struggling with homelessness, these women and children are being displannned in ortdnr $n r —Lo rtara rve ff^� +k- 101 r- ns a +;—c Ir-r) a r\ .e e 4 e,6 :!! w e,ifv l.st.fvvsw v, eiv, av � e �CdYav � iJ>JI � e 1v1 \I Ili � V— . v Gt CA to if Iv 1VV SA i�UI � LVI I V1l�lJ W1 ill d1/Ili IIVYV occupy the triplex. • Facilities like this disproportionately land on the east side of Bend, where a higher concentration of lower income working families and vulnerable populations have to bear the vast majority of adverse effects. These neighborhoods presumably don't have the political power and wealth for legal representation that is needed to protect their neighborhoods. • The location selected for felons & sex offenders further exacerbates the dramatic economic and quality of life gap between the rich in the west and the working class and poor on the east side, as eastside neighborhoods get worse and west side neighborhoods get better. L�0j E S C-0 BOARD OF COMMISSIONERS MEETING DATE: January 3, 2024 SUBJECT: Consideration of Board Signature on letters of appointment, reappointment and thanks for various committees and special road districts RECOMMENDED MOTION: Move approval of Board Signature on the following: • Letter thanking Mark Kelley for his service on the Facility Project Review Committee • Letter reappointing Bill Swanson for service on the Fall River Estates Special Road District • Letter reappointing Scott Asla for service on the Deschutes River Recreation Homesites Special Road District #1 • Letter reappointing Craig McCue for service on the Forest View Estates Special Road District • Letter thanking Daniel Coblentz for service on the Forest View Estates Special Road District • Letter thanking Linda Ray for service on the River Forest Acres Special Road District BACKGROUND AND POLICY IMPLICATIONS: N/A BUDGET IMPACTS: None ATTENDANCE: N/A ES CO BOARD OF COMMISSIONERS MEETING DATE: January 3, 2024 SUBJECT: Oregon Living With Fire Program Update RECOMMENDED MOTION: None BACKGROUND AND POLICY IMPLICATIONS: Oregon Living With Fire will provide a semi-annual program update to the Board. BUDGET IMPACTS: None ATTENDANCE: Erik Kropp, Deputy County Administrator Jodie Barram, OLWF Co -Coordinator Jennifer Fenton, OLWF Co -Coordinator Oregon Living With Fire Contract Deliverables 2023-2028 irrlr- Objective Personal Services Contract USFS Grant Contract NRCS Grant Contract 2023-24 POW Facilitating and Working closely with the implementing the program steering committee, Senior of work as determined by Advisor and stakeholders to Deschutes County, through advance the Cohesive consultation of the Steering Wildland Fire Strategy across Committee that includes Deschutes, Crook, Jefferson, U.S. Forest Service and Klamath Counties. representation. Engage with Government Agencies to promote the Cohesive Strategy and Shared Stewardship in Schedule and facilitate four (4) Central Oregon by Steering Committee, that holding regular quarterly Coordinate steering includes NRCS representation, Steering Committee Convene committee meetings. meetings annually. meetings. Organizing and Create and maintain an Maintain an active online administering effective interactive web presence presence. Create regular communications to the for OLWF, U.S. Forest Create quarterly (4) blog posts Newsletter (quarterly) & public, area businesses, key Service, the steering for the OLWF website, Blog posts (monthly) to stakeholders and agencies committee, as well as featuring NRCS in at least one share news with Communicate about OLWF and its benefits. stakeholders and public. blog post. stakeholders. Serve as the administrator Centraloregonfire.org for the Central Oregon Fire website administration Information website and and stakeholder the OLWF website, coordination. Create a including the coordination specific web page for of all stakeholders regarding grant opportunities and Clearninghouse roles and responsibilities. tracking. Everbridge. Capitalize on teachable Create and maintain social moments through communications efforts presentations, media such as Facebook, Twitter, partnerships & social and a regular e-Newsletter media platforms. Smoke to be distributed to and Public Health (SAPH) partners, cooperators, and messaging, Wildfire Crisis Communicate the public. Strategy messaging. Document success Present updates to Crook,' stories/lessons learned and Deschutes, Jefferson and share with the steering Klamath County Boards of Develop and distribute a committee, stakeholders, County Commissioners at least progress report bi- Communicate and the public. twice a year. annually. Provide outreach and public information on the outcomes of infrastructure funding, SB762, Joint Chief's and CLFR funding. Highlight "Tell the Story" of all how our relationships in federal, state, local Central Oregon allow us government, and public to be successful in stakeholders of why and competing for funding how the Cohesive Strategy and making a difference is implemented within the on the landscape. Communicate OLWF landscape. < Sharing success stories. Develop a "Complete Story" that shows the connection with industry, agencies,private and public stakeholders illustrating how the CS is being implemented in the OLWF landscape, through collaboration, common Communicate ground and risk sharing. Print materials: Table banner, Cohesive Strategy update materials, local ' clearinghouse type Clearinghouse materials. Research & explore funding and/or co- sponsorship opportunities for known and unknown activities (i.e., engaging Federal Contacts for Assuming a leadership role supplemental funding for by exploring new initiatives, Forest Activities; funding opportunities, and additional funding from providing support to National Fire Adapted landscape efforts such as Communities Learning Collaboratives, Good Research funding and/or co- Network for FAC in 4- Neighbor Authority, sponsorship opportunities for County area; Rural & Stewardship Agreements local implementation of the Economic development Coordinate and Joint Chiefs Projects. National Cohesive Strategy. opportunities) Compile, write, and submit applications for grants like Coordinate BRIC, CWDG and others. Specifically, work with NRCS and the CWPP updates that will establish relationships Specifically connect NRCS to with the stakeholders CWPP updates throughout within the CWPP Deschutes County by engaging boundaries to enable and in the CWPP process, facilitate NRCS to enhancing relationships with implement Joint Chief's private landowners to enable projects and other Coordinate Joint Chief's Projects. related funded projects. Maintaining administrative Maintain administrative activities that facilitate the activities and facilitate day- Maintain administrative day-to-day business of the to -day business of the activities and facilitate the day - program. OLWF. to -day business of the OLWF. Expand partnerships by Participating in regular actively participating in collaboration at the local the Western Region level, monthly meetings of Strategy Committee. the Western Region of the Participate in the monthly Participate in the monthly Develop new National Cohesive Wildland meetings for the Western meetings for the Western relationships with other Fire Management Strategy, Region of the Cohesive Region of the Cohesive stakeholders across/for as well as appropriate Strategy as a Representative Strategy as a Representative of the benefit of the OLWF Coordinate conferences and meetings. of OLWF. OLWF. Pandscape. Maintain and enhance partnerships with local Collaborative groups by attending regular meetings and participating as appropriate in local related field activities with the DCFP, OFRC, KLFHP, COFSF and add capacity to these all Attend collaborative Engage in monthly DCFP, hands, all lands groups meetings that support OFRC, and KLFHP meetings committed to working Federal/Local Cohesive that support Federal/local across boundaries & look Strategy implementation Cohesive Strategy for tie in with shared Coordinate efforts. implementation efforts. stewardship. Participate at and report Attend an possibly present at out on the 6th National the WUI Conference, the Cohesive Wildland Fire Attend and present at Cohesive Strategy Annual Management Strategy appropriate conferences Workshop, and the WFLC Workshop in Communicate and meetings. West Face -to -Face Meeting. Albuquerque, NM. Present at the Wildland Urban Interface Communicate Conference in Reno, NV Attend the Western Region Cohesive Strategic Communicate Planning Face to Face Facilitating stakeholder Facilitate development of Host, prepare and meetings, Learning Learning Laboratories to facilitate the Central Laboratories, and sharing share experiences, provide Oregon Fire Year Briefing "local content success local guidance, for OLWF landscape stories" to engage people in communicate success ensuring appropriate how the Cohesive Strategy stories, and provide Host and facilitate Central parties are invited (ie. through OLWF is being opportunities for lessons Oregon Fire Year Briefing in COFMS, COFCA, AAs, Convene implemented. learned. May. electeds, etc.) Utilize Oregon Living With Fire (OLWF) as a venue and convenor to discuss and coordinate activities/treatments as a result of recent legislation and to secure additional funding via grants to maximize local OLWF will be the strategic Convene stakeholders for one benefits related to the convenor for cross to two Cross -Boundary Wildfire Risk Reduction Convene boundary collaboration. Collaboration Sessions. Strategy. Host and facilitate a meeting between federal Host and facilitate one (1) agencies, elected meeting between federal officials, power agencies, elected officials, companies and other power companies and other interested parties to interested parties to discuss discuss line maintenance, line maintenance, power power safety power Convene safety power shutoffs, etc. shutoffs, etc. Plan and implement at least one live prescribed fire tour for stakeholders, elected Plan and implement at officials, and media in least one live prescribed coordination with the US fire tour for public and Coordinate Forest Service. elected officials Distribute an annual Facilitate development of report for OLWF activities performance measures and in communication, monitoring information to coordination, convening, Demonstrating fiscal assess effectiveness and and as a clearinghouse — responsibility with the accountability of OLWF ie. earned media, social program budget and efforts to implement the Develop and distribute an media, how deliverables Communicate timelines. Cohesive Strategy. annual report. were met, etc. Maintain relationships with the Fire Adapted Communities Learning Network (FACNet) and Fire Learning Network Networking and relationship Networking and building Ongoing networking building (FLN). Strengthen building with stakeholder, relationships with OLWF relationships with OLWF relationship with the partners and those agencies stakeholders, partners, stakeholders, partners, International Association and organizations agencies and organizations agencies, and organizations of Fire Chiefs (IAFC) implementing the Cohesive implementing the Cohesive implementing the Cohesive Wildland Fire Policy Coordinate Strategy in the field. Strategy. Strategy. Committee (WFPC). Participate in the bi-monthly _ Maintain relationships meetings (6) of the Central with COFCA, COFPC, Oregon Fire Chiefs Project Wildfire, SAPH, Coordinate Association. RFPAs, other groups. Build partnerships to boost biomass utilization throughout the region, i.e., local solid waste companies, governments, etc. Continue looking for private companies that have found a market for Performing other duties as hazardous fuels that have Coordinate assigned. no market value. MEETING DATE: January 3, 2024 SUBIECT: Application for a FEMA Building Resilient Infrastructure and Communities grant to protect the High Desert Museum and the Museum at Warm Springs from fire RECOMMENDED MOTION: Move to authorize the submittal of an application to FEMA for a Building Resilient Infrastructure and Communities grant. BACKGROUND AND POLICY IMPLICATIONS: This application would seek approximately $6.2 million for the installation of fire suppression systems at the High Desert Museum and the Museum at Warm Springs. In the event of fire, these systems would deploy water or a retardant to protect the land, structures and irreplaceable contents of the buildings. BUDGET IMPACTS: If awarded, the grant would require a 10% match. A 5% administrative allowance would be included to cover the cost of administering the grant during the three-year period. ATTENDANCE: Erik Kropp, Deputy County Administrator Grant Application Request Date: December 22, 2023 1. Name of Grant: Building Resilient Instructure and Communities (BRIC). 2. Deschutes County contact: Erik Kropp 3. Funding Agency: OR Office of Emergency Management (OEM) from FEMA 4. Grant Amount: $6.2 million 5. Does the grant require matching funds? _X_ Yes _ No If yes, how much are the required matching funds and what funds does the department plan to use for matching funds? The required matching fiends is 10% of the grant amount or $620,000 that will be provided by a private party, there will be no fiscal obligation for Deschutes County. 6. Grant duration: Three years, likely to begin in summer of 2025. 7. Grant application deadline: January 26, 2024 8. Grant description: Building fire suppression storage and systems around High Desert and Warm Springs Museum 9. Requested budget (please provide additional line item details under the broad categories listed below): Amount Requested Personnel Services Materials and Services $6.2 million Capital Total $6.2 million 10. If the grant request includes FTEs, please Ell out the table below. None Position Title Limited duration or regular position? FTEs Notes 11. Other information: The BRIC Grant is for $6.2 million that would build a water storage and fire suppression systems that would surround the entire campuses at the High Desert and Warm Springs Museum to prevent the evacuation from wildland Ere of irreplaceable museum articles and over 150 animals, some of which are threatened and endangered. Given the requirements of eminent evacuation, removal of these items would be impossible. There is a match requirement of 10% ($620,000), which will be provided by a private party with no fiscal impact on Deschutes County. There is a 5% administrative allowance ($310,000) that would be provided to Deschutes County for grant administration and being the fiduciary of the grant. Grant administration will be provided by Oregon Living With Fire (OLWF) Co -Coordinators. To date OLWF Co -Coordinators have been working with Oregon Office of Emergency Services (OEM) to determine eligibility and that was approved in November of 2023.The process at this point involves sending a preliminary application to OEM by January 26, 2024. At that point, OEM decides which applications from Oregon are offered to FEMA nationally for consideration. The previous BRIC application for the High Desert Museum was rejected during the review process by FEMA. After consultation with OR OEM, adjustments to verbiage will be made in the proposed grant application. Additionally, during these discussions a suggestion to add Warm Springs Museum was considered and will be added to the BRIC application for 2024. The recommendation to add Warm Springs significantly enhances the chances of selection because of the direct Tribal affiliation and is supported by Warm Springs and the Jefferson County Board of County Commissioners. Both Warm Springs and High Desert Museum have capacity to solicit and administer contracts for these services relieving Deschutes County of these duties. Deschutes County would provide grant administration with the Co -Coordinators from OLWF. H The Museum, at Warm Springs - October 20, 2023 To the Oregon Department of Emergency Management, BOARD OF DIRECTORS The Museum at Warm Springs is in partnership with Deschutes County, Jefferson James Manion County, and The High Desert Museum to submit the BuildingWildfire Resilient PRESIDENT y g Landscapes for the Protection of Indigenous Cultures and Museums project for Bill Nicholson VICE PRESIDENT consideration under FEMA's Building Resilient Infrastructure and Communities (BRIC) grant in the 2024 program cycle. Ruth Beymer Garland Brunoe Central Oregon continues to live under the constant threat of catastrophic wildland Paul Dewey Douglas E. Goe fire events. For example, the area has experienced upwards of 500 wildland fires Olney Patt which burn an average of 200,000 acres annually. The frequency and increasing Don Stastny severity of these events are of great concern to the emergency response Beulah Tsumpti community. The potential loss of the Museum at Warm Springs or the High Desert Paul Dewey Museum coupled with the safe evacuation of irreplaceable artifacts, wildlife, and the BOARD SECRETARY general population continues to be a top priority for first responders and public Lynn Johnson safety agencies. BOARD TREASURER Elizabeth Woody The proposed project features a wildland fire suppression system that offers remote, EXECUTIVE DIRECTOR sensor activated water or retardant deployment around each Museum's campus. This new technology will not only enhance building codes for assets in the wildland Sunmiet Maben OPERATIONS MANAGER urban interface but alleviate the improbability of successful evacuation strategies (and their costs) for the Museums under imminent threat of wildfire. In fact, the DIRECTORS EMERITUS installation of this system would enable the Museums to "shelter in place" in the Chief Delis Heath Sr. event of a wildfire while ensuring emergency responders may focus their efforts Patricia Creelman where the need is greatest. Each museum has and continues to complete hazardous fuels reduction strategies across their landscape in defense of catastrophic wildfire events. Nevertheless, wildland fire professionals have witnessed the extreme fire behavior in Western United States and agree that the Museums are vulnerable to the ongoing threat of extended fire seasons. We urge ODEM and FEMA to recognize the critical need of this investment through the BRIC Grant Program. You may call me at the number below or email liz@museumatwarmsprings.org with concerns or questions. AL Sincerely, The confederated Tribes of the Warm Springs Reservation of Oregon vrxw.museumatwarmsprings.org P.O. Box 909 1 Warm Springs, OR 97761 T: 541.553.3331 1 F:541.553.3338 JEFFERSON COUNTY BOARD OF COMMISSIONERS 66 S.E. "D" St., Suite A • Madras, Oregon 97741 • Ph: (541) 475-2449 • FAX: (541) 475-4454 October 25, 2023 Oregon Department of Emergency Management, Jefferson County is in partnership with The Museum at Warm Springs, Deschutes County, and The High Desert Museum to submit the Building Wildland Fire Resilient Landscapes for the Protection of Indigenous Cultures and Museums project for consideration under FEMA's Building Resilient Infrastructure and Communities (BRIC) grant in the 2024 program cycle. Central Oregon continues to live under the constant threat of catastrophic wildland fire events. For example, the area has experienced upwards of 500 wildland fires which burn an average of 200,000 acres annually. The frequency and increasing severity of these events are of great concern to the emergency response community. The potential loss of the Museum at Warm Springs or its sister museum, The High Desert Museum, coupled with the safe evacuation of irreplaceable artifacts, wildlife, and the general population continues to be a top priority for first responders and public safety agencies. The proposed project features a wildland fire suppression system that offers remote, sensor activated water or retardant deployment around each Museum's campus. This new technology will not only enhance building codes for assets in the wildland urban interface but alleviate the improbability of successful evacuation strategies (and their costs) for the Museums under imminent threat of wildfire. In fact, the installation of this system would enable the Museums to "shelter in place" in the event of a wildfire while ensuring emergency responders may focus their efforts where the need is greatest. Each museum has and continues to complete hazardous fuels reduction strategies across their landscape in defense of catastrophic wildfire events. Nevertheless, wildland fire professionals have witnessed the extreme fire behavior in Western United States and agree that the Museums are still vulnerable to the ongoing threat of extended fire seasons. We urge ODEM and FEMA to recognize the critical need of this investment through the BRIC Grant Program. Sincerely, Kelly Si clink, Chairman Mark Wunsch, Lommissioner Wayne Fording, Commissioner • Kelly Simmelink, Chair Mark Wunsch, Commissioner X v T E S C0G2d s BOARD OF COMMISSIONERS MEETING DATE: January 3, 2024 SUBJECT: Deschutes County - Oregon Judicial Department (OJD), Courthouse Improvement Intergovernmental Agreement, Amendment No. 1 RECOMMENDED MOTION: On December 13, 2023, two Commissioners indicated support for the redlined amendments to be forwarded to OJD. If the Board decides to recommend an alternative set of changes to the redlined Amendment No. 1, then the Board will: Move approval of the revised redlined changes to the Deschutes County - Oregon Judicial Department (OJD), Courthouse Improvement Intergovernmental Agreement, Amendment No. 1. BACKGROUND AND POLICY IMPLICATIONS: The 2023 Oregon Legislature allocated $15 million to Deschutes County to facilitate the renovation and expansion of the Courthouse located at 1100 NW Bond Street, Bend, Oregon. OJD proposed the attached IGA with Deschutes County as a condition of the transfer of funds. Several County departments recommended the redlined changes to the IGA, which County Counsel presented to the Board on December 13, 2023. Two Commissioners indicated their support for the recommendations. Commissioner Adair was not present during the vote. On December 20, 2023, Commissioner Adair requested time to contact the Governor's Office regarding the requirements to exclusively use the third floor of the expanded Courthouse for state courtrooms and courtroom associated purposes because these requirements were not included the Legislature's appropriation. Commissioners DeBone and Chang supported the request. BUDGET IMPACTS: Draft Agreement No. 1 Section 2(c.) "OJD agrees to transfer to County an amount of $15,000,000 in Building Funds within 14 days of OJD's receipt of the documents described in subsection b of Section 4." The County's current portfolio is earning a yield of 3.34%. Therefore, $15 million would earn interest in the following amounts: $9,635 per week $19,269 per two weeks $41,750 per month $501,000 per year As the earnings rate (yield) increases, the potential interest earning also increases. For example, if the County earned 5.00% on the total portfolio: $14,423 per week $28,846 per two weeks $62,500 per month $750,000 per year If a compatible tenant for the third floor is identified and allowed by the agreement, leasing that space could potentially generate revenue to offset the debt service. ATTENDANCE: Nick Lelack, County Administrator David Doyle, County Attorney Whitney Hale, Deputy County Administrator FIRST AMENDMENT TO OREGON JUDICIAL DEPARTMENT INTERGOVERNMENTAL AGREEMENT OJD Contract No. 220084 This Amendment No. 1 to the to the Courthouse Improvement Intergovernmental Agreement, OJD Contract Number 220084, is entered into by and between the Oregon Judicial Department ("OJD") and Deschutes County ("County"). OJD and County are each a "Party" and collectively "Parties." RECITALS A. On June 30, 2023, the Parties entered into Courthouse Improvement Intergovernmental Agreement, OJD Contract Number 220084 ("Original Agreement") to facilitate the renovation and expansion of the Courthouse located at: 1100 NW Bond Street, Bend, Oregon ("Project"). The Original Agreement and this Amendment No. 1 are collectively referred to as the "Agreement". B. At this time, the Parties desire to amend the terms of the Original Agreement to allow OJD to provide an additional $15,000,000.00 in funding for the Project ("Additional Project Funds"), as more particularly set forth in this Amendment. AGREEMENT In consideration of the above Recitals which are incorporated in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1. The Recitals are contractual and are incorporated into the substantive provisions of this Agreement. 2. Subsections 3.a. to 3.e. of the Original Agreement are deleted in their entirety and replaced with the following ten subsections: ,,a. In consideration of the terms and conditions herein, OJD agrees to the transfer to County pursuant to this Agreement, a total sum of $17,000,000 in Project Funds, which is comprised of $16,500,000 for Building Funds and $500,000 for FIFE Funds, appropriated to OJD by Or. Laws (2022), Ch. 110, s. 293 and Or. Laws (2023), Ch. 605, s. 277. b. OJD has completed the transfer to County pursuant to the Original Agreement, a total of $2,000,000 in Project Funds, which comprised of $1,500,000 for Building Funds and $500,000 for FFE Funds. c. OJD agrees to transfer to County an amount of $15,000,000 in Building Funds within 14 days of OJD's receipt of the documents described in subsection b of Section 4. d. County agrees to refrain from spending any of the Project Funds until after the County finalizes the Construction Documents and has provided the Deschutes County Circuit Court Presiding Judge and the TCA with reasonable time in which to review the Construction Documents and offer written comments and suggestions for further consideration by the County. Thereafter, the Construction Documents will become the Final Construction Documents. County shall promptly provide the TCA copies of each of the Final Construction Documents. e. County agrees to refrain from spending any of the Additional Project Funds until after the County has obtained TCA's written acknowledgement of the Construction Documents. County shall finalize the Construction Documents and provide the Deschutes County Circuit Court AMENDMENT 1 TO INTERGOVERNMENTAL AGREEMENT OJD CONTRACT NO. 220084 Page 1 of 4 Presiding Judge and the TCA with reasonable time in which to review the Construction Documents and offer written comments and suggestions for further consideration by the County. Thereafter, the Construction Documents will become the Final Construction Documents. County shall promptly provide the TCA copies of each of the Final Construction Documents. f. County agrees to use the Building Funds solely for expenditures related to the completion of the Building Work identified in the Scope of Work. g. County agrees to use the FFE funds solely for the FFE Work. h. OJD understands that County is funding its portion of the project through the issuance of tax- exempt obligations and that in order to do so, the County intends to identify the OJD Contribution as "qualified equity" for purposes of Section 1.141-6{(b)(3)} of the Federal Tax Regulations. OJD does not object to County's above identification subject to County indemnifying and holding State, OJD, and their officials and employees harmless from and against all actions, claims, losses, damages, liabilities, penalties, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to County's identification. County's obligations to indemnify and hold State, OJD, and their officials and employees harmless under this section are subject to the limitations in Article XI, Section 10 of the Oregon Constitution, and the Oregon Tort Claims Act. i. Building Work means County procurement of services and materials, including but not limited to: making the Courthouse entrance more accessible, relocate Hearing Room, revision and separation of interior pathways in the existing courthouse to accommodate separation of public, staff, judicial personnel, and in custody traffic, and an expansion and upgrade of the security checkpoint at the main Courthouse lobby entrance. County shall construct a 50,933 square foot addition to the existing Deschutes County Courthouse located at 1100 NW Bond Street in Bend, Oregon. The addition consists of a basement and three upper levels based on the Permit Set of drawings prepared by LRS Architects dated September 08, 2023, which are incorporated in this agreement by this reference. The basement totals 12,102 square feet and contains 13 parking spaces for judges and staff with a secure vehicle entrance from Harriman Street and dedicated staff elevator. Additionally, the basement contains an in -custody vehicle sally port sized for two inmate transport vans. The basement also includes holding cells, dedicated in -custody elevator, secure attorney client visitation and public lobby with elevator. The 1 st floor totals 14,741 square feet and consists of an expanded main lobby entrance, public elevator, public service counters, public restrooms, and court administrative space. Administrative space will include five private offices, conference room, staff breakroom, restrooms and dedicated staff elevator. The 1 st floor remodel consists of an expanded court security office, court administrative offices and Hearing Room. The 2nd floor totals 12,045 square feet and consists of a public lobby and two full-size courtrooms. It includes public restrooms and three meeting rooms. The courtrooms share secure holding cells and in -custody elevator. Staff support areas include a jury deliberation room, three judges chambers with private restrooms, and judicial assistant office space. The third floor will be unfinished "shell" space. It is designed to accommodate two future courtrooms identical to the 2nd floor and totals 12,045 square feet. It includes a second public elevator shaft to accommodate future completion of the third floor. The scope of the Project is also set forth in Exhibit B of the Original Agreement and the Deschutes County Courthouse Expansion Permit Set 9.20.23, incorporated herein by reference. j. County acknowledges that part of OJD's contributions will be used towards the construction of AMENDMENT 1 TO INTERGOVERNMENTAL AGREEMENT OJD CONTRACT NO. 220084 Page 2 of 4 the third floor of the Project. County acknowledges and agrees that when the third -floor space is finished and is considered ready for occupancy, OJD has the right to occupy that space specifically and exclusively for courtroom and courtroom -associated purposes at no additional charge to OJD. If the third -floor space is occupied by a party other than OJD, at any time OJD in its sole discretion, and conditioned upon availability of necessary funding to construct courtrooms and courtroom - associated improvements (as agreed to between OJD and County), may request to occupy and use the third -floor space (provided that said use is limited specifically for exclusively for courtroom and courtroom -associated purposes). OJD shall give County a written notice (email acceptable) of its intent, and the County shall make the third -floor space available to OJD within 93 months of receipt of OJD's notice. County acknowledges and agrees that any non-OJD use of the third -floor space of the Project must be compatible with Circuit Courts, its operations, Uniform Trial Court Rules, and Supplementary Local Rules." 3. The first sentence of Subsection 4.f. of the Original Agreement is deleted in its entirety and replaced with the following: 'T Except if additional state funds become available for the Project Building Work, County shall contribute all additional funds, beyond the $16,500,000.00 of Building Funds transferred pursuant to this Agreement, that are necessary to complete the Project." 4. Subsection 4.i. of the Original Agreement is deleted in its entirety and replaced with the following: 1. If OJD terminates this Agreement for its convenience, or if the costs related to Building Work are less than $16,500,000.00, or in the event the Project is not substantially completed in a timely manner by June 30, 2026 through no fault of County, County shall return to OJD any unexpended funds transferred pursuant to this Agreement by not later than one month after termination of the Project or completion of the Project, whichever is earlier." 5. The second sentence of Subsection 4.m. of the Original Agreement is deleted in its entirety and replaced with thefollowing: "Within 30 days of Project completion, County shall provide OJD with proof that Project work performed in compliance with the OJD Minimum Security Standards as set forth in Exhibit C and allow OJD inspection of the security components if requested by OJD." 6. Subsections 5.a. to 5.c. of the Original Agreement are deleted in their entirety and replaced with the following five subsections: ,,a. OJD has completed the transfer to County pursuant to the Original Agreement, a total of $2,000,000 in Project Funds, which comprised of $1,500,000 for Building Funds and $500,000 for FFE Funds. b. Within 14 days of the date of Amendment No. 1 being executed, OJD will make a one-time transfer of the Additional Project Funds from the OJD General Fund to County in the amount of $15,000,000.00. OJD shall not be responsible or liable for any additional funds that may be required to complete the Project Building Work. c. OJD shall not be responsible for any aspect of the procurement process, contract award, or contract administration associated with the Project. d. OJD shall not own the improvements resulting from this Project or be responsible for any obligations or costs associated with ongoing maintenance or repairs or fulfillment of County's responsibilities under ORS 1.185. AMENDMENT 1 TO INTERGOVERNMENTAL AGREEMENT OJD CONTRACT NO. 220084 Page 3 of 4 e. OJD shall be the sole owner of all OJD FFE resulting from the FFE Work portion of the Project. Further, once title to the OJD FFE passes to OJD, OJD shall be responsible for all obligations and costs associated with ongoing maintenance, repairs, or replacement of the OJD FFE portion of the Project." 7. All other representations and warranties of each Party in the Agreement are confirmed by such Party to be true and correct as of the date of signature below. 8. Except as provided in this Amendment No. 1, all other terms and conditions of the Agreement shall remain in full force andeffect. 9. This Amendment No. 1 may be executed via electronic signature and in counterparts, each of which will be considered an original and all of which together will constitute one and the same agreement. Oregon Judicial Department Deschutes County By: By: Name: Name: Title: Title: Date Date OJD Legal Approval: Name: Marcus Swift Date: 12/11 /2023 AMENDMENT 1 TO INTERGOVERNMENTAL AGREEMENT OJD CONTRACT NO. 220084 Page 4 of 4 )regon ?-% Tina Kotek, Governor December 19, 2023 Deschutes County Board of Commissioners 1300 NW Wall Street, Suite 200 Bend, Oregon 97701 Department of Environmental Quality Eastern Region Bend Office 475 NE Bellevue Drive, Suite 110 Bend, OR 97701 (541)388-6146 FAX (541) 388-8283 TTY 711 RE: Meeting Proposal for County and DEQ staff to discuss future Septic Development and Variances, South Deschutes County Dear Commissioners: For many years now the Department of Environmental Quality (DEQ) and Deschutes County have been working to address groundwater pollution concerns from septic systems in the South Deschutes County area. Groundwater in the Sunriver and La Pine area is vulnerable to nitrate contamination from septic systems and private wells are the primary drinking water source for most properties in this area. The area was platted into many subdivisions back in the late 60's and early 70's before a comprehensive land use planning program was established. DEQ had previously worked with the County, the Department of Land Conservation and Development (DLCD), and the United States Geological Survey (USGS) to investigate groundwater pollution concerns in the South Deschutes County area. Conditions documented from past investigations and outlined in USGS factsheet (attached) are still valid. Testing and research indicate most of the contamination in this region comes from septic systems. This means nutrients from septic systems are seeping into the area's porous, volcanic soil and the aquifer that is used as a primary drinking water source. Continued unrestricted development in the area will reach a tipping point that may be difficult or impossible to recover from due to groundwater contamination which will then require additional regulation and funding to address. As outlined in a 2008 letter (attached), DEQ requested that the County, in coordination with DLCD establish areas in South Deschutes County that may be eligible for sewer systems. Eligibility would be based on a determination by DEQ that there was no practical alternative to a sewer system to abate the public health hazard. However, these previous efforts including a county code variance, variance repeal, and Statewide Planning Goal 11 exemption were unsuccessful. DEQ previously determined that a variety of approaches were likely needed to properly manage wastewater pollutants and nitrate loading, including individual onsite wastewater treatment systems and various types of community sewer systems. In some locations, DEQ believes the use of various types of community sewer systems and/or drinking water systems may be a better long-term solution to human health impacts, however, drinking water systems may not mitigate the effect on surface water or ecological impacts. We recommend that County and DEQ staff meet and begin to discuss possible next steps to address the situation. Some items suggested mclude. Discuss current County process and DEQ variance process for approval of individual septic systems. Septic system site evaluation denial is commonly due to the depth to the seasonally high-water table. Oregon regulations require at least 24 inches below the ground surface to the water table, with a minimum 24-inch separation between the water table and the bottom of a septic system's sand filter. Meeting this regulation still doesn't ensure that there aren't impacts to groundwater from the systems. • Discuss recent DEQ 2023 sampling of private residential wells that still indicate conditions are much the same as they were in the past with nitrate impacts to wells and the Deschutes River. • Even with a septic design capable of producing high quality effluent, the treatment may not sufficiently minimize or eliminate nutrients and pathogens from the wastewater or future impacts to the aquifer system as outlined by a USGS model. • Discuss whether a determination of "public health hazard" by DLCD and DEQ may be a precursor to sewer or water service to rural lands via a Goal 11 exemption. • Convene a meeting with non -government organizations (NGO), non -profits, and 3" 1 party stakeholders on support of installation and funding of sanitary systems, water systems, Goal 11 exemptions or other alternatives. Does there need to be an infornied choice between smart development and human health and ecological water quality impacts in South Deschutes County or can there be a balance? • Some parcels are not suitable for septic systems. Discuss potential to address or use "red tag" lots using some type of purchase for buffering potential impacts. Explore future DEQ Water Quality Onsite rulemaking that could include additional treatment standards while considering other nitrate 1_oading factor .such as regional climate changes and density of developments. • Discuss suggestions or modification of County rules to meet rule requirements. • Outline options to manage existing monitoring wells installed during the LaPine Demonstration Project that require maintenance and/or abandonment. a Ncrncc xvhathrr n dptPrminntinn of "area of rnnrrrn" by T)F.Q mav'nr a proo..gm"r in a declaration of a Groundwater Management Area (GWMA) by DEQ. DEQ still believes that conditions in South Deschutes County are a potential public health and ecological impact issue. There may also be rural community impacts, funding and financing issues, environmental justice concerns and climate change implications that should be addressed. As outlined in previous communications, DEQ understands that there will be further aspects of this process that will require additional work, refinement, clarification and coordination and we stand committed to helping Deschutes County and the citizens in South Deschutes County. If you have any questions concerning this letter and to begin discussions on a joint meeting, please contact Sean Rochette, DEQ Onsite Manager at (541) 633-2036 or via email at Sean.Rochette@deq.oregon.gov. Respectfully, Shannon Davis DEQ Deputy Director ecc: Todd Cleveland, Deschutes County Peter Gutowsky, Deschutes County Planning Director Sean Rochette, DEQ — Bend Greg Svelund, DEQ — Bend Ann Farris, DEQ — Bend Jennifer Wigal, DEQ — HQ Attachment(s): DEQ January 4, 2008, letter USGS 2007 factsheet