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2024-125-Minutes for Meeting April 15,2024 Recorded 5/9/2024,<\v1ES co �i �7' I BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 • 1:00 PM Recorded in Deschutes County CJ2024.-125 Steve Dennison, County Clerk Commissioners' Journal 05/09/2024 3:03:05 PM }�'����� IIIIIIIIIIIIIIIIIII IIIIIIiI 2024-125 MONDAY April 15, 2024 Allen Room Live Streamed Video Present were Commissioners Patti Adair, Tony DeBone and Phil Chang. Also present were County Administrator Nick Lelack; Legal Counsel Dave Doyle; and BOCC Executive Assistant Brenda Fritsvold. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal webpage www.deschutes.org/meetings. CALL TO ORDER: Chair Adair called the meeting to order at 1:00 p.m. Commissioner Adair announced Environmental Health Specialists and Wastewater Specialists Day and spoke to the critical services these staff provide to the County. Commissioner DeBone added that the Oregon Water Operators Association had its annual conference in Sunriver last week. CITIZEN INPUT: None AGENDA ITEMS: 1. Property Tax Work -off Programs Robert Tintle, Chief Financial Officer/Tax Collector, said the State allows certain entities to establish a program whereby qualified persons can work off the value of their property taxes rather than pay them. Tintle stressed this is not a funded BOCC MEETING APRIL 15, 2024 PAGE 1 OF 4 program and, if established, would have to include a funding source so the owed property taxes are paid in full. Jason Brockie, Property Tax Section Manager, Oregon Department of Revenue (DOR), said the State is not aware of any jurisdiction which has decided to implement this program since it was authorized in 1993. Under the legislation, eligible persons can work off their property tax bills instead of paying them. Although there is no minimum income threshold, an applicant must be at least 60 years of age and the property must be the applicant's primary owner -occupied residence. Brockie said the work done in lieu of paying property taxes could be done by someone other than the applicant/property owner. Following discussion, Scot Langton, County Assessor, said all of the taxing districts in the county must be kept whole in terms of taxes owed and paid, thus any property tax worked off would still have to be remitted by another source. Tintle agreed that because property taxes cannot be abated, the taxing districts must be paid all of the taxes owed to them. In response to a question, County Counsel David Doyle said a fire district could not implement this program, which is restricted to counties and municipalities. He added that any property taxes worked off would constitute taxable income to the taxpayer. Brockie said that while DOR has the authority to determine and issue rules for this program, it has not done so as no entity has implemented the program. Tintle noted that the County's property tax deferral program allows for taxes to be deferred and paid after a property is sold. Langton spoke to the residency requirement of the tax deferral program, which currently has approximately 150 participants. Commissioner Adair encouraged that this program be more widely promoted as some eligible property owners may not be aware of it. Commissioner Chang said the State's work -off program appears to offer a small amount of tax relief for a great deal of administrative work. 2. Volunteer E-Mail Policy Discussion Whitney Hale, Deputy County Administrator, sought feedback from the Board on a potential new policy which would require that certain volunteers be assigned BOCC MEETING APRIL 15, 2024 PAGE 2 OF 4 and use a County email address in the course of their volunteer work. Hale said many volunteer members of boards and committees do work on behalf of the County, and requiring them to utilize County email addresses for communications associated with that work would facilitate the gathering of public records if and when necessary. Staff proposes that initially, the policy apply to the Audit Committee, Budget Committee, Dog Control Board of Supervisors, Facility Project Review Committee, Fair Board, Planning Commission, Statewide Transportation Improvement Fund Advisory Committee, and the Wolf Depredation Compensation and Financial Assistance Committee. Hale concluded that the cost of providing and managing these email accounts is estimated to be about $14 per month per volunteer, or a total annual cost of about $10,000. Stephanie Marshall, Assistant Legal Counsel, expanded on the difficulty of gathering public records from personal email accounts. She noted that under State law, the County is responsible for producing those records, however hard it may be to access them. She added that this change would relieve volunteers from having to search their personal email accounts for responsive records in the event of a records request. Commissioner Adair stated her agreement with the eight groups selected for the initial implementation of this policy. Commissioner Chang asked if the County could send emails to the new County - managed email addresses and simultaneously to personal email addresses, if requested, as some volunteers may not want to check the assigned County email address solely for the purpose of receiving notifications. Hale confirmed this is possible, although any response made would have to be sent through the County -owned email address. Hale said if the Board approves this policy, staff will develop a training video for affected volunteers that would explain the reason for the requirement and also provide public records, open meetings and cybersecurity training as appropriate. She concluded that staff will add the policy to an upcoming Board meeting agenda for consideration of adoption. OTHER ITEMS: • Commissioner DeBone shared that he served as auctioneer for an event which raised funds for La Pine High School's graduation night celebration. • Commissioner DeBone attended Redmond High School's Career Day. BOCC MEETING APRIL 15, 2024 PAGE 3 OF 4 • Commissioner DeBone reported on the annual FAN luncheon last Friday. • Commissioner DeBone reported on last Thursday's meeting of FEMA's Region 10 Emergency Communications Committee where information was shared about the impacts from last january's ice storm, which resulted in significant power and communications outages. • Commissioner Chang reported that the public land steward clean-up event on China Hat Road on Saturday was very well -attended. • Commissioner Chang also attended the COCC meal of the year event on Saturday. • Commissioner Adair reported on the Sunriver Chamber meeting on Thursday. • Commissioner Adair spoke at the recent COHC meeting on the safe parking program in Redmond, which is experiencing a funding gap due to new insurance rules. • Commissioner Adair attended the recent COACT meeting where concern was expressed regarding ODOT's decision to hire someone as director for Region 4 who has no transportation experience instead of a candidate who is very well -qualified for this position. • Commissioner Adair reported on anti -trafficking efforts by Saving Grace. • County Administrator Nick Lelack noted the full Board will not be in attendance at this Wednesday's meeting. The Board was in consensus to move the DSL land exchange item to the meeting of Monday, April 22"d EXECUTIVE SESSION: None Being no further items to come before the Board, the meeting was adjourned at 2:12 pm. DATED this U day of Ag�_ 2024 for the Deschutes County Board of Commissioners. j PATTI ADAIR, CHAIR ATTEST: M ANTHONY DEBONE, VICE CHAIR BOCC MEETING APRIL 15, 2024 PAGE 4 OF 4 \NvT E S COG2� I BOARD OF j COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 1:00 PM, MONDAY, APRIL 15, 2024 Allen Room - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes.org AGENDA MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and can be accessed and attended in person or remotely, with the exception of any executive session. Members of the public may view the meeting in real time via YouTube using this link: http://bit.ly/3mminzy. To 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 input@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 CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. AGENDA ITEMS 1. 1:00 PM Volunteer E-Mail Policy Discussion 2. 1:20 PM Property Tax Work -off Programs OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN April 15, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2 vS E S COG�� BOAR® OF COMMISSIONERS MEETING DATE: April 15, 2024 SUBJECT: Volunteer E-Mail Policy Discussion BACKGROUND AND POLICY IMPLICATIONS: County Administration, Legal and Information Technology have developed the attached draft policy, which would require volunteer board/committee members to use a County - provided e-mail account for all communication related to the work of their respective board, commission, or committee. Administration is proposing that initially, this policy would apply to the following boards/committees: • Deschutes County Audit Committee - Internal Audit • Deschutes County Budget Committee - Finance • Dog Control Board of Supervisors - Administration • Facility Project Review Committee - Facilities • Fair Board - Fair & Expo • Planning Commission - Community Development • Statewide Transportation Improvement Fund Advisory Committee - Road • Wolf Depredation Compensation and Financial Assistance Committee During the Board's work session, staff will provide an overview of the policy and answer questions from the Board. If the Board is supportive of adopting the policy, staff will place the policy on the consent agenda for a future BOCC meeting. BUDGET IMPACTS: The cost of implementation is estimated at $14 per user per month. Based on the scope outlined above, an annual cost is estimated at about $10,000. ATTENDANCE: Whitney Hale, Deputy County Administrator Stephanie Marshall, Assistant Legal Counsel Tania Mahood, Information Technology Deschutes County Administrative Policy No. GA-25 Effective Date: XXXX Volunteer Boards, Commissions, and Committees - Public Records In General Deschutes County appreciates the valuable contributions of volunteers who serve on County committees and boards. Through their work, they play a vital role in supporting County government. Volunteers serving on designated County boards, commissions, and committees must use a County -provided e-mail for any e-mail communication related to matters associated with the work of said board, commission, or committee. The County Administrator will determine which boards, commissions and committees this policy applies to. The designated list will be communicated to departments/offices annually. Use of County -provided e-mail ensures that the County can access public records for production in a timely and thorough manner as required for compliance with associated public records requests. The use of private e-mail accounts by a volunteer serving on a designated County board, commission, or committee and concerning a matter(s) associated with the work of said board, commission, or committee is deemed misconduct and is strictly prohibited. Such actions support immediate removal from said board, commission or committee. E-mail Use E-mail should be used as a tool by County volunteers only for County business purposes. Users should not expect privacy and shall observe courtesy and good security practices. There are a variety of ways an e-mail communication can be disclosed to people other than the intended recipient. Deschutes County has the right to monitor the usage of volunteer's e-mail. All e-mail sent to or from the County's e-mail systems are public records, whether in printed or electronic form, and are subject to the disclosure and inspection provisions of ORS 192 as it currently exists or may from time to time be amended. Use of Email Volunteers should be mindful that emails associated with board/committee work are public record and those conversations are subject to public meetings laws. A series of emails can violate public meetings law if they are used for the purpose of deliberation toward a decision. Volunteers should refer to the public meetings training provided by County Legal Counsel for additional information on this topic. Multi -Factor Authentication In order to access the County's e-mail system, volunteers can download an application on their personal cell phone or request a physical token. Passwords Volunteers must take prudent and reasonable steps to prohibit access to accounts and passwords. Passwords and accounts must remain confidential to that volunteer and should not be disclosed to any other person. If a volunteer's password is disclosed to another person, the volunteer must change their password immediately. Passwords should not be kept in written form or in a manner that would enable access to it by another person. Passwords should be changed frequently. When changing a password, common personally related words, such as family member or pet names, should be avoided. Each volunteer shall immediately change their password if the volunteer believes any unauthorized person may have gained access to the volunteer's password information. In the event that a volunteer becomes aware of, or suspects, that (a) any information contained in their email has been accessed by an unauthorized individual or otherwise compromised, or (b) any security system has been breached or compromised (including, without limitation, the unauthorized disclosure or use of any password), the volunteer shall immediately notify the County staff member assigned to the committee or Board they serve on. No volunteer shall leave their e-mail open and unattended in a manner that would allow unauthorized use of such Resource. Passcodes are required to be on personal devices that access County resources. County Records Unless otherwise specified by written agreement, all electronic documents and data generated by a volunteer using the County's e-mail system are County property. The County reserves the right to access and disclose all messages sent over the e-mail system for any purpose, including the right to disclose e-mail messages to law enforcement officials without prior notice. E-mail messages may be accessed and reviewed at any time by the Department Head, the County Administrator, the Information Technology Director or County Legal Counsel; they may also be accessed and reviewed by computer support staff for the limited purpose of providing support services. The County further retains the discretion to assert any applicable privileges and objections if a public records request or discovery request is made for any County e-mail. Volunteers will be notified if their emails are responsive to a public records request. A volunteer desiring the County assert a privilege or objection under the Public Records law with respect to County e-mail shall notify the staff member assigned to the committee or Board they serve on, who will coordinate with Legal Counsel to make a final determination. Volunteer Attestation and Training Volunteers serving on designated County boards, commissions, and committees are required to sign a Volunteer Acknowledgement addressing the use of County -provided e-mail for communication related to matters associated with the work of said board, commission or committee. Volunteers will also be required to attend virtual Cybersecurity and Public Records trainings. 0T E S C-0G BOARD OF COMMISSIONERS MEETING DATE: April 15, 2024 SUBJECT: Property Tax Work -off Programs RECOMMENDED MOTION: No motion recommended. This agenda item is for informational and discussion purposes. BACKGROUND AND POLICY IMPLICATIONS: Oregon Revised Statute (ORS) 310.800 Property Tax Work -off Programs (see Attachment A), provides: • A tax-exempt entity (501(c) organization) may establish a property tax work -off program to which a senior citizen (60 years of age or older) may contract to perform charitable or public service in consideration of payment for their owner -occupied principal residence property taxes. • The County may accept and enter into an agreement with a tax-exempt entity that has established a property tax work -off program. • The County may provide funds or make grants available to any tax-exempt entity that has established a property tax work -off program for use to carry out the program. • A senior citizen who enters into a contract shall be considered an independent contractor and not a worker or employee with respect to the services performed pursuant to the contract. Nothing precludes the County from being considered an employer, for purposes of unemployment compensation under ORS chapter 657, of a senior citizen who enters into a contract. Finance is not aware of any Oregon county that has established a property tax work -off program. Additionally, the Oregon Department of Revenue (DOR) has not yet established rules for a county seeking to establish a program. Creating the program at the local level does not require DOR involvement, however, because some issues in the law lack clarity or definition, the DOR in conjunction with the counties, may desire a rule for clarification and to establish guidelines. Payment of the property taxes is a taxable event to the senior. The Internal Revenue Service (IRS) rules determine which events have federal tax consequences for individuals. Generally, taxable events must be reported by both the payer and the payee, whether any taxes are eventually due. BUDGET IMPACTS: Funding for a Property Tax Work -off Program is not provided by the State of Oregon. A funding source would need to be identified for such a program. ATTENDANCE: Robert Tintle, Chief Financial Officer/Tax Collector Jason Brockie, Property Tax Section Manager, Oregon Department of Revenue ATTACHMENTS: Attachment A - ORS 310.800 Attachment B - Oregon Department of Revenue presentation slide deck ATTACHMENT A ORS 310.800 - Property tax work -off programs (1) As used in this section: (a) "Authorized representative" means a senior citizen who is authorized by a tax- exempt entity to perform charitable or public service on behalf of a senior citizen who has entered into a contract under subsection (2) of this section. (b) "Homestead" means an owner -occupied principal residence. (c) "Senior citizen" means a person who is 60 years of age or older. (d) "Tax-exempt entity" means an entity that is exempt from federal income taxes under section 501(c) of the Internal Revenue Code as defined in ORS 305.842 (Application of Internal Revenue Code to certain property tax laws). (e) "Taxing unit" means any county, city or common or union high school district, community college service district or community college district within this state with authority to impose ad valorem property taxes. (2) A tax-exempt entity may establish a property tax work -off program pursuant to which a senior citizen may contract to perform charitable or public service in consideration of payment of property taxes extended against the homestead of the senior citizen and billed to the senior citizen. For purposes of ORS chapters 316 and 656, and notwithstanding ORS 670.600 (Independent contractor defined) or other law, a senior citizen who enters into a contract under this subsection shall be considered an independent contractor and not a worker or employee with respect to the services performed pursuant to the contract. Nothing in this section precludes a taxing unit from being considered an employer, for purposes of unemployment compensation under ORS chapter 657, of a senior citizen who enters into a contract under this section. (3) A taxing unit may enter into an agreement with a tax-exempt entity that has established a property tax work -off program. Pursuant to the agreement the taxing unit may accept, as volunteer and public service, the services of a senior citizen who has entered into a contract described in subsection (2) of this section or an authorized representative. (4) A taxing unit may provide funds or make grants to any tax-exempt entity that has established a property tax work -off program for use to carry out the program. 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U O N Ln Q � N � N U El r-i N r-I � Co 4-J M 0 O i o Lll N O O - OM co ' O X •0 � N i >` U i Lr) N X 0 O 4- O :_, ,m to 4-' N � Ov V) L- i N :� p O O a) O CL c E � 4- 4-J �O �- fo o o kA I ' 1 1 CU L o N x O 41 4- L �+ • :3 C MO N Q) Q) ��, 4--j O i- U Q c O "O h�1 O NE cr � 4� 41 .0 a)-o -0 EE C O OE LO L C L �'�/ LJ� a)QJ > m L N In C 0 N ® i O 0 O i S C O N i- .� f "W O M uni ® • • O buc bl Pi L— W � I O O e ® ��y� u W J _ 0 O O v u) Cf Ln re 1. 9-1-1 Executive board 2. 9-1-1 Service District Budget Committee 3. Ambulance Service Area Advisory Committee 4. Bend Metropolitan Planning Organization Policy Board 5. Bicycle/Pedestrian Advisory Committee 6. Black Butte Ranch Service District 7. Black Butte Ranch Service District Budget Sub Committee a. Board of Property Tax Appeals (BOPTA) 9. Central Oregon Regional Housing Authority (dba Housing Works) lo. COIC 11. Countywide Law Enforcement - County Service District Budget Committee 12. Deschutes County Behavioral Health Advisory Board 13. Deschutes County Public Health Advisor/ Board 14. Deschutes County Audit Committee 15. Deschutes County Budget Committee 16. Deschutes County Investment Advisory Committee 17. Deschutes River Mitigation & Enhancement Committee 18. Dog Control Board of Supervisors 19. Economic Development for Central Oregon 20. Extension/4-H Advisory Council 21. Extension/4-H Budget Committee 22. Facility Project Review Committee 23. Fair Board 24. Forestland Classification Committee 25. Four Rivers Vector Control District 26. Historic Landmarks Commission 27. Hospital Facility Authority of Deschutes County 28. Oregon Living with Fire Steering Committee previously CO Cohesive Strategy Initiative Steering Committee 29. Planning Commission 30. Project Wildfire Steering Committee 31. Public Safety Coordinating Council (PSCC) 32._Redmond Airport Commission 33. Rural Law Enforcement Counter Service District Budget Committee 34. Solid Waste Advisory Committee 35. Statewide Transportation Improvement Fund Advisory Committee 36. Sunriver Service District Budget Committee 37. Sunriver Service District Managing Board 38. Upper Deschutes Watershed Council 39. Noxious Weed Advisory Board 40. Wolf Depredation Compensation and Financial Assistance Committee