2024-239-Minutes for Meeting July 10,2024 Recorded 8/29/2024BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County
Steve Dennison, County Clerk
Commissioners' Journal
CJ2024-239
08/29/2024 11: 55:48 AM
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
9:00 AM
WEDNESDAY July 10, 2024
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Tony DeBone and Phil Chang (joining remotely via Zoom). Also
present were County Administrator Nick Lelack, Senior 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/meetings.
CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
• Ron Boozell reminded that last year, a man died after being severely mauled
by dogs at a homeless camp in Deschutes County. He asked what will be
done to ensure this never happens again.
Commissioner Adair agreed the incident described was a tragedy and said
the County has since provided security patrols and done work to clean up
encampments on County -owned property in the Juniper Ridge area, although
more work remains to be done.
• Carl Shoemaker warned that nicotine is manufactured to be addictive for the
sake of profits despite its extremely harmful health effects.
BOCC MEETING
JULY 10, 2024 PAGE 1 OF 8
• Dorinne Tye spoke to the significant negative environmental impacts of
airport operations, particularly from flight schools, which are detrimental to
humans, farmlands and wildlife.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
1. Approval of Document No. 2024-605, an amendment to the intergovernmental
agreement accepting a Community Navigator Pilot grant from the Oregon Health
Authority (#PO-44300-00026008-2)
2. Consideration of Board Signature on letter thanking Heather Johnson for service
on the Two Rivers Special Road District
3. Consideration of Board Signature on letters reappointing Sabrina Haggerty, Dave
Thompson, Mark Smith, Neil Baunsgard and Matt Muchna for service on the
Bicycle and Pedestrian Advisory Committee
4. Consideration of Board Signature on letter thanking Christopher Cassard for
service on the Bicycle and Pedestrian Advisory Committee
5. Approval of minutes of the BOCC May 29 and June 24, 2024 meetings
DEBONE: Move approval of the Consent Agenda as presented
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
ACTION ITEMS:
6. Request from the City of La Pine for a letter supporting its application for
a Transportation Growth Management grant
Nick Lelack, County Administrator, shared the City of La Pine's plans to apply for a
Transportation Growth Management grant from the State Department of Land
Conservation and Development and the Oregon Department of Transportation
for funding to update its Transportation System Plan (TSP). In conjunction with
this application, the City asks for a letter of support from the Board.
BOCC MEETING
JULY 10, 2024 PAGE 2 OF 8
Brent Bybee, City of La Pine Principal Planner, said La Pine will ask for $225,000 in
grant funds. The application process is expected to be competitive as only one
jurisdiction will be awarded a grant.
In response to Commissioner DeBone, Bybee said the City's TSP update will take
more than 12 months to accomplish. Bybee added that from now until the
update is finished, the City is relying on its 2013 TSP which is a limiting factor with
respect to proposed developments.
Lelack assumed this work will be closely coordinated with the County.
Commissioner DeBone noted the existence of County -maintained roads inside of
La Pine, and foresaw a discussion about how to transfer those to the City at some
point.
Noting that the City of Redmond may also apply for this grant, Commissioner
Chang asked if Redmond has requested a letter of support from the Board.
Lelack said no such request has yet been received.
DEBONE: Move approval of a letter supporting the City of La Pine's application
for a Transportation Growth Management grant
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
7. Consideration of a request to extend the written record period for the Last
Ranch, LLC, Plan Amendment & Zone Change
Caroline House, Senior Planner, reminded that on June 12, the Board held a
public hearing for a Comprehensive Plan Amendment and Zone Change request
for properties located at the northeast corner of the Deschutes Junction Highway
97 overpass. At the conclusion of the hearing, the Board established a written
record period that is scheduled to close today at 4 pm; however, last week, the
applicant requested the written record period be extended to allow the
submission of additional materials related to compliance with Statewide Planning
Goal 5 and the associated Economic, Social, Environmental, and Energy analysis.
Specifically, the applicant has requested the written record period be extended
as follows:
New evidence & testimony -new deadline: July 17, 2024, at 4 pm
Rebuttal evidence & testimony - new deadline: August 7, 2024, at 4 pm
Applicant final argument - new deadline: August 21, 2024, at 4 pm
BOCC MEETING
JULY 10, 2024 PAGE 3 OF 8
House said there is no 150-day clock running in this matter, and staff agrees it
would benefit the Board to have this information in the record. Central Oregon
LandWatch has objected to the record being extended.
Commissioner Chang said while he saw the value in having the ESEE analysis
completed, there likely was sufficient time to do that by today. He indicated that
he would abstain from any Board action on this request.
DEBONE: Move approval of Order No. 2024-027 extending the written record
period for the Last Ranch, LLC, Comprehensive Plan Amendment &
Zone Change applications as requested
ADAIR: Second
VOTE: CHANG: (abstained)
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried 2 - 1 - 0
8. Request to add 1.00 Building Safety Inspector I, 11 or III
Peter Gutowsky, Community Development Director, explained CDD's proposal to
add a Building Safety Inspector position, saying that last year, four unfilled
building safety inspector positions were removed to align staffing with lower
permitting volumes. Recently, however, CDD is experiencing an increase in single
family dwelling applications; in addition, multiple recent Family Medical Leave Act
requests will impact staffing levels.
Gutowsky said a new position can be fully funded by building fees and, if
necessary, allocating a portion of the department's very healthy reserve fund.
Commissioners Adair and DeBone voiced their support for adding this position.
Commissioner Chang asked about the need for an additional vehicle in
conjunction with the added position. Gutowsky explained that the County's
building inspectors work 100% remotely. He said CDD will evaluate whether its
current vehicle fleet can accommodate the needs of a new inspector.
DEBONE: Move approval of Resolution No. 2024-35, increasing FTE and
appropriations within the 2024-25 Deschutes County Budget in
association with the addition of a Building Safety Inspector I, II or III
CHANG: Second
VOTE: CHANG: Yes
BOCC MEETING JULY 10, 2024 PAGE 4 OF 8
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
9. Oregon Health Authority grant agreement #180009--11 for Public Health
Heather Kaisner, Public Health Director, said the proposed agreement amends
and restates the previous intergovernmental agreement to outline program
descriptions and reporting requirements for Deschutes County as the Local
Public Health Authority. The agreement further provides for $4,508,181 of
funding for FY 2025; these funds will be used for various public health programs
and services, including disease prevention and school -based health centers.
Cheryl Smallman, Health Services Business Officer, added that forthcoming
amendments to this agreement are expected for other program funding.
CHANG: Move approval of Chair signature of document #2024-554, an
Oregon Health Authority agreement #180009-11
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
10. Consideration of recommendations from the Solid Waste Advisory
Committee regarding the siting, development and mitigation of a new
landfill
Tim Brownell, Director of Solid Waste Department, said following a public hearing
before the Board on June 12th regarding the selection of a site for a new County
landfill, the County's consultant on this project, Parametrix, submitted three
memos in response to questions raised by the Board to provide additional
information and/or clarification regarding water rights, environmental mitigation,
and aggregate value as those issues pertain to the Moon Pit site. Those memos
are now in the record.
Brownell next shared the recommendations of the Solid Waste Advisory
Committee, as follows:
1. Select the Hooker Creek "Moon Pit" property for siting Deschutes County's
future landfill and authorize staff to move forward with negotiating a
purchase agreement and securing associated permits;
2. Direct that staff work with stakeholders to develop and implement a
robust and comprehensive mitigation strategy that reflects community
values to minimize impacts to area wildlife and recreation; and
BOCC MEETING
JULY 10, 2024 PAGE 5 OF 8
3. Direct staff to prioritize waste prevention and recovery and move as
quickly as possible to implement those strategies to reduce the overall
costs and greenhouse gas emissions of the new landfill.
Commissioner Chang expressed significant concerns regarding this site,
especially with regard to the availability of a reliable and affordable water source,
the property's mineral resources, and the mitigation of environmental impacts.
Saying he wanted to be sure that the County would meet all of its mitigation
responsibilities while securing the best deal possible for the ratepayers, he was
comfortable proceeding with negotiations at this point.
In response to Commissioner Adair, Kristie Bollinger, Property Manager, said the
County has been referred to a geologist who could possibly conduct an appraisal
of the property, including its aggregate use.
Brownell agreed that the issue of water rights is of significant concern, and that
the value of the mineral rights must be clearly understood and incorporated into
any purchase agreement. He was confident that these issues could be addressed
through a due diligence process.
Commissioner Adair agreed that securing water rights is critical and the County
cannot be put in the position of applying for a new groundwater permit.
Commissioner Chang stressed that the County is considering this property as one
option for siting a new landfill. If fatal flaws emerge during the negotiations, the
County could look at other possible sites.
Commissioner DeBone concurred and noted that SWAC's recommendations
represent the culmination of many years of analysis and consideration.
DEBONE: Move approval of Board Order No. 2024-021, adopting the
recommendations of the Solid Waste Advisory Committee for the
development of a new solid waste management facility in Deschutes
County at the Hooker Creek "Moon Pit" site
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
OTHER ITEMS:
• Robert Tintle, Chief Financial Officer, presented a proposed letter to the Oregon
BOCC MEETING
JULY 10, 2024 PAGE 6 OF 8
Department of Revenue House Bill 4056 workgroup convened to develop a uniform
process for counties to use in collecting and distributing surplus proceeds from
property tax lien foreclosure sales. Tintle also shared a letter jointly submitted by
several counties to the Department of Revenue on this effort.
Commissioner DeBone agreed that the process requires clarity. He stated his
support for the draft letter as submitted.
In response to Commissioner Chang, Tintle said the workgroup has thus far
researched and considered how other states handle proceeds from property tax
lien foreclosure sales as it works to develop and refine its recommendations.
CHANG: Move approval of Board signature of a letter to the Oregon
Department of Revenue workgroup convened on House Bill 4056 to
develop a uniform process for distributing surplus proceeds from
property tax lien foreclosure sales
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
• Jen Patterson, Strategic Initiatives Manager, invited the Board to finalize the logistics
for the upcoming July 30th community meeting regarding a possible campground
on County -owned property at Fort Thompson Lane. ECONorthwest, the consultant
who prepared the camping feasibility study, has agreed to present general
information regarding the study at the beginning of the meeting.
Commissioner Chang was interested to receive cost and revenue projections of a
campground with 50, 100, or 150 sites instead of 50, 75 or 100. He asked that
ECONorthwest also look at the cost of financing the development of a campground,
including how debt service would be repaid over time.
Patterson said ECONorthwest will also share information on the number of
campgrounds currently available as compared with the demand for these. Although
the meeting's primary purpose is to engage in a conversation with community
members, representatives from agencies such as the Deschutes Trails Coalition,
Bend Parks & Recreation District, Visit Bend, Visit Central Oregon, and the Oregon
Parks and Recreation Department will be invited to attend and comment as well.
The Board discussed mailing notices of the meeting to nearby property owners. A
majority of the Board was in consensus to mail notices to owners of property within
one quarter mile of the Fort Thompson property.
BOCC MEETING
JULY 10, 2024 PAGE 7 OF 8
Patterson reviewed a draft agenda and explained the proposed format of the
meeting.
County Administrator Nick Lelack added that persons unable to attend will have the
option of submitting written comments.
• Commissioner DeBone said he will attend an Eastern Oregon County Association
meeting next Thursday.
• Commissioner DeBone attended the Sunriver/La Pine Economic Development
advisory board meeting yesterday; one of the subjects discussed was incubator
building and spec building on land donated in partnership with the City.
• Commissioner Adair complimented the Redmond Chamber on its excellent July 4th
parade and said La Pine's celebration was also enjoyed. She announced that Three
Creeks Brewery in Sisters has closed.
EXECUTIVE SESSION: None
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 10:49 am.
.7iw
DATED this day of
Commissioners.
ATTEST:
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RECORDING SECRETARY
BOCC MEETING
2024 for the Deschutes County Board of
PATTI ADAIR, CHAIR
ANTHONY DEBONE, VICE CHAIR
PHIL CHANG, COMMISSIONER
JULY 10, 2024 PAGE 8 OF 8
locus
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FORE MEETING BEG
p "�{ BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Subject:
Name
Address
Citizen Input or Testimony
Gar ! .' si.4 M* kat
pa Alt Sth St
•�kj ajl.
Phone #s
Date: 7" t +J:Z' 4A
E-mail address
In Favor
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
01ES
2� E BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: July 10, 2024
SUBJECT: Request from the City of La Pine for a letter supporting its application for a
Transportation Growth Management grant
RECOMMENDED MOTION:
Move approval of a letter supporting the City of La Pine's application for a Transportation
Growth Management grant.
BACKGROUND AND POLICY IMPLICATIONS:
The City of La Pine will apply for a Transportation Growth Management grant from the
State Department of Land Conservation and Development and the Oregon Department of
Transportation for funding to update its Transportation System Plan. In conjunction with
this application, the City asks for a letter of support from the Board of County
Commissioners.
BUDGET IMPACTS:
None
ATTENDANCE:
Brent Bybee, Principal Planner, City of La Pine
of
LA PINE
OR EGON
CITY OF LA PINE
STAFF REPORT
DATE: July 2, 2024
TO: Deschutes County Board of County Commissioners
FROM: Brent Bybee, Principal Planner
SUBJECT: City of La Pine Transportation Growth Management Grant Letter of Support
TYPE OF ACTION REQUESTED (Check one):
[] Resolution [] Ordinance
[] No Action — Report Only
[X] Formal Motion
[] Public Hearing
[] Other/Direction:
Proposal:
Through the La Pine 2045 Comprehensive Plan update, staff identified the need for an updated TSP.
The City of La Pine requests a letter of support from the Deschutes BOCC, as the city applies for the
Transportation Growth Management grant opportunity with the Department of Land Conservation
and Development, and the Oregon Department of Transportation.
Background:
The City of La Pine has prioritized updating all relevant long range plans that will better prepare the
community for the level of development that will occur into the future. With La Pine being the
second fastest growing city in the state, and the development pressure from Bend, our
Transportation System Plan must be updated to remit policies or language that are either outdated
or inaccurate from when the City initially adopted the TSP in 2013. New policies and language will
ensure the community's needs are met.
Through a visioning process with the community in the latter part of 2023, infrastructure and traffic
management were identified as the number one priorities at the top of the list for the community's
vision statement. An update to the TSP would not only be timely with the Comprehensive Plan
update already underway, but is also urgent due to the current traffic concerns and the level of
future development that will burden an already outdated plan.
The City will be applying for the TGM grant by the end of July, with a request of $225,000 in
funding. As part of the application process, one of the requirements is a letter of support from the
governing body, and letters of support from the community. It is of note that the City of La Pine
faces measured competition for this grant as Wasco County, the City of Redmond, and the City of
The Dalles are vying for the same award funds. Support from the Deschutes BOCC would further
demonstrate the need for an updated TSP.
Recommended Motion:
I move approve the letter of support as presented by the City of La Pine, with signatures provided by
each commissioner.
Attachment(s):
1. La Pine 2045 Visioning Statements
2. Draft Letter of Support
Date
Department of Land Conservation and Development
635 Capitol Street NE, Suite 150
Salem, OR 97301
Subject: TGM Grant Authorization Letter for the City of La Pine
The Deschutes County Board of County Commissioners supports the proposal submitted by the La Pine
Planning Department for funding from the Transportation Growth Management Grant offered by the
Department of Land Conservation and Development and Oregon Department of Transportation. The
efforts that the City is initiating to update the Transportation System Plan (TSP) is of high priority as
Central Oregon continues to grow.
The City of La Pine is the youngest city in the state, with an incorporation date of 2006. The La Pine TSP
was originally adopted in 2013, with minor updates in 2021. The 2013 TSP was a great starting point for
the transition from Deschutes County to the city, but there are many parts of the plan that are now
either inaccurate or out of date. In the last 11 years, La Pine has experienced pronounced growth and
development. In 2023, the population was calculated by the Portland State Population Research Center
at 3,126. With housing and land costs in the city remaining below average for the Central Oregon region,
individuals who cannot afford housing in some of the larger cities in the region are choosing to live in La
Pine. According to the Portland State Population Research Center, from 2022 to 2023, La Pine ranked 2nd
in the state for growth. Portland State conservatively forecasts the population to increase in La Pine by
87% in the next 25 years. It is of note that within the Newberry Neighborhood master planned
development area, approximately 367 acres of residentially zoned land remains undivided, and could be
developed at any time.
Additionally, the Planning Department has initiated a full comprehensive plan update (La Pine 2045),
aimed to better position the city for the pronounced growth that will occur over the coming years. La
Pine 2045 incorporated a visioning process that harbored input from the community through survey
responses. The top priority of the citizens within the city is an investment in infrastructure and traffic
management. A full TSP update will coincide with the comprehensive plan update that is slated to be
completed in June of 2025, and will help to address the community's top priority.
In Tight of these facts and forecasts, it is indicative that a full TSP update is not only timely with the
comprehensive plan update already underway, but also urgent due to the pronounced growth and
challenges that our community is currently facing. Accomplishing a full TSP update will not only ensure
the community's vision is carried out into the future to shape the City of La Pine, but also ensure that
the integrity of the community is maintained.
Sincerely,
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
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THE FOLLOWING GOALS WERE & RESULT OF7HE APPROXIMATELY 500SURVEY
RESULTS RECEIVED FROM THE PUBLlC.Ti-jr,GOALS WERE REVIEWED AND APPROVED
8Y STAFF, THE STEERING COKWMlTTC8,THE TECHNICAL ADVISORY COMMITTEE, THE
PLANNING COMMISSION, AND CITY COUNCIL. THESE GOALS WILL BE OTlLlJBD By
ALLAND REFERENCED WHEN MAKING DECISIONS REGARDING nu, L&PINE, 204S
COMPREHENSIVE PLAN UPDATE.
l. Infrastructure and Traffic Management: Invest ininfrastructure innpnzvennemsnoaddnesscnnperns
about increased traffic, ensuring that the town's roads and services can accommodate growth without
sachfidngtheq"o|ityo/|ihehnrresidenzsFocusondeve|opin9efficientoansportadonso|udons,
including potential road expansions, traffic controls, and pedestrian -friendly pathways.
2. Preservation of Small -Town Feel: Balance growth with thr, preservation of 1-a Pine's small-town
chv,nn, history, and natural beauty. Develop and implement strategies to preserve thesrnaU'town
cha/roofLa Pine while accommodating necessary growth. This may involve architectural guidelines,
maintaining green spaces, and supporting local businesses that contribute tothe rmwn's unique
character.
3. Economic Development: Attract adiverse range of businesses, with a foct.iss of) affordable grocery
stores and restaurants, both local enterprises, and larger chains, oonnee«the community's needs.
Develop incentives toattract industrial and cornnnercia|uses.
4. Balanced Growth Strategies: Develop and implement growth strategies that prioritize economic
developn-)ent while preseiving La Pine's small-town feel and COMMUnity values, striking a balance
between progress and maintaining the unique character of the town. Strive for managed and balanced
growth that considers the needs of the community, ensuring that new developinents enhance the
town without. overwhelming existing infrastructure.
S. Enhanced Community Services; Enhance community services, including affordable childcare options,
improved healthcare facilities, and recreational opportunities for residents of all ages. Prioritize the
development of communal spaces, parks, and facilities that foster a sense of cor-nmunity.
vl E S
0
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: July 10, 2024
SUBJECT: Consideration of a request to extend the written record period for the Last
Ranch, LLC, Plan Amendment & Zone Change Request
RECOMMENDED MOTION:
Move approval of Order No. 2024-027 extending the written record period.
BACKGROUND AND POLICY IMPLICATIONS:
On June 12, 2024, the Board held a public hearing for a Comprehensive Plan Amendment
and Zone Change request for properties located at the northeast corner of the Deschutes
Junction Highway 97 overpass. The proposed Comprehensive Plan Amendment would
change the designation of the subject properties from Agricultural to Rural Industrial and
the corresponding Zone Change would rezone the subject properties from Exclusive Farm
Use to Rural Industrial.
At the conclusion of the hearing, the Board established a written record period that closes
on July 10, 2024, at 4PM. However, on July 2, 2024, the applicant requested the written
record period be extended to allow the submission of additional materials related to
compliance with Statewide Planning Goal 5 and the associated Economic, Social,
Environmental, and Energy analysis.
The applicant has requested the written record period be extended as follows:
New Evidence & Testimony -New Deadline: July 17, 2024, at 4PM
Rebuttal Evidence & Testimony - New Deadline: August 7, 2024, at 4PM
Applicant Final Argument - New Deadline: August 21, 2024, at 4PM
BUDGET IMPACTS:
None
ATTENDANCE:
Caroline House, Senior Planner
Anthony Raguine, Principal Planner
Stephanie Marshall, Senior Assistant Legal Counsel
Caroline House
From: Carrie Richter <crichter@batemanseidel.com>
Sent: Tuesday, July 2, 2024 10:51 AM
To: Caroline House
Cc: Stephanie Marshall; Pat Kliewer
Subject: Last Ranch LLC request to adopt a new open record schedule
Attachments: Ltr re Open Record timing (002).pdf
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL]
Good Morning,
Attached to this email, please find a letter from the applicant Last Ranch LLC requesting that the Board revise schedule
for allowing for additional written materials.
Thank you,
Carrie
Carrie Richter
BatemanOSeidel
Bateman Seidel Miner Blomgren Chellis & Gram, P.C.
1000 SW Broadway, Suite 1910
Portland, OR 97205
(503) 972-9903 (direct phone)
(503) 972-9904 (direct fax)
crichter c(D,batemanseidel.com
This e-mail is for the sole use of the intended recipient(s). It contains information that is confidential and/or legally privileged. If you
believe that it has been sent to you in error, please notify the sender by reply e-mail and delete the message. Any disclosure, copying,
distribution or use of this information by someone other than the intended recipient is prohibited.
1
Batema
eidel
Carrie A. Richter
crichterAbatemanseidel.com
www.batemanseidel.com
Telephone DID: 503.972.9903
Fax DID: 503.972.9904
July 2, 2024
Deschutes County Board of County Commissioners
c/o Caroline House
Deschutes County Development Department
Bend, OR 97703
Re: File No. 247-22-000573-ZC / 247-22-000574-PA
Last Ranch LLC
Dear Commissioners:
This firm represents the Applicant Last Ranch LLC in the above -referenced appeal. As the
Board is aware, amending the comprehensive plan and zoning code to Rural Industrial (RI)
requires completion of an ESEE analysis to satisfy Statewide Land Use Goal 5. At the hearing
for the first time, the Applicant learned that County staff had concerns about the scope of the
ESEE analysis that was submitted for LBNW that the Applicant believed could be relied on here
as well. Since that hearing, the Applicant has been working on amending that ESEE to address
the identified shortcomings but has been unable to complete this work within the open record
deadlines identified by the Board. A comprehensive ESEE includes many moving parts and the
Applicant wants to provide the Board with a full picture of all of the consequences resulting from
this request.
For this reason, the Applicant respectfully requests that the Board amend the post hearing open
record deadlines to provide that all parties have until July 17 to provide additional evidence and
argument in writing. All parties be given until August 7 to provide materials in response to the
earlier submittals and that the Applicant be given until August 21 to file its final written
argument.
Thank you for your thoughtful consideration of this request.
Sincerely,
Carrie A. Richter
CAR:kms
cc: Client
Bateman Seidel Miner Blomgren Chellis & Gram, P.C.
1000 SW Broadway, Suite 1910 Portland, Oregon 97205ITelephone 503 972-9920 Fax 503 972-9921 1
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Extending the Post -Hearing Open
Record Period for File Nos. 47-22-000574-
PA & 247-22-000573-ZC
*
* ORDER NO. 2024-027
*
WHEREAS, the Board of County Commissioners ("Board") is the hearings body for a quasi-
judicial Plan Amendment and Zone Change request (ref. File Nos. 247-22-000574-PA & 247-22-
000573-ZC) pursuant to Deschutes County Code ("DCC") Chapter 22.28; and
WHEREAS, DCC 22.24.140(B) allows the Board to leave the record open; and
WHEREAS, the Board finds it is necessary to leave the record open to afford all parties
sufficient time to respond to the issues raised; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The record be left open to accept new evidence and testimony until July 17,
2024, at 4PM pursuant to DCC 22.24.140(B).
Section 2. The record be left open to accept rebuttal evidence and testimony until
August 7, 2024, at 4PM pursuant to DCC 22.24.140(B).
Section 3. The record be left open to accept the Applicant's final legal argument until
August 21, 2024, at 4PM pursuant to DCC 22.24.140(B)
Section 4. Staff shall give written notice to the parties that the record is being left open
as established in this Order.
PAGE 1 OF 2- ORDER NO. 2024-027
DATED this day of , 2024.
BOARD OF COUNTY COMMISSIONERS
PATTI ADAIR, Chair
ATTEST: ANTHONY DEBONE, Vice Chair
Recording Secretary PHIL CHANG, Commissioner
PAGE 2 OF 2- ORDER No. 2024-027
S
< 1.P f N; ITV` 1 . Ire" 1V
MEMORANDUM
To: Board of County Commissioners ("Board")
From: Caroline House, Senior Planner
Date: July 9, 2024
Re: Board Consideration of a Request to Extend the Written Record Period for the Last Ranch,
LLC, Plan Amendment & Zone Change Request (File Nos. 247-22-000573-ZC & 247-22-
000574-PA)
On July 9, 2024, the Applicant revised the requested deadlines for extending the written record
period as follows:
New Evidence & Testimony - New Deadline: August 14, 2024, at 4PM
Rebuttal Evidence & Testimony - New Deadline: September 4, 2024, at 4PM
Applicant Final Argument - New Deadline: September 18, 2024, at 4PM
Based on the attached letter, the Applicant needs this additional time to coordinate with staff at the
Department of Land Conservation and Development ("DLCD") on the Economic, Social,
Environmental, and Energy ("ESEE") analysis.
Staff has prepared an updated Board Order with the revised dates requested above for the Board's
consideration at tomorrow's meeting.
Attachment: Letter from Applicant - Revised Written Record Extension Request
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
.& (541) 388-6575 @cdd@deschutes.org www.deschutes.org/cd
Batema
eidel
Carrie A. Richter
crichterAbatemanseidel. com
www. batemanseidel. com
Telephone DID: 503.972.9903
Fax DID: 503.972.9904
July 9, 2024
VIA EMAIL TO: Caroline.House@deschutes.org
Deschutes County Board of County Commissioners
c/o Caroline House
Deschutes County Development Department
Bend, OR 97703
Re: File No. 247-22-000573-ZC / 247-22-000574-PA
Last Ranch LLC
Dear Commissioners:
As the Board is aware, this firm represents the Applicant Last Ranch LLC in the above -
referenced appeal.
With apologies to all involved, I am writing to revise my request for new open record periods.
The DLCD representative who has been communicating with the parties in this matter is out of
the office and not available to confer with regarding the adequacy of the ESEE until after July
15. Additional time may be necessary for DLCD staff to submit comments into the record.
Therefore in order to acrnmmodate D Cn review, the applicant respectfully the
-----------, --- ---»-- -� »—...����i�......,.....,. �v.�v .�, aav urtraavuiiL avUrvvLlu 1�' requests that the
Board re -open the record subject to the following deadlines:
All parties may submit any new evidence or argument: August 14
All parties may respond to the materials received before Aug. 15: September 4
Final written argument: September 18
Thank you for your thoughtful consideration of this request.
Sincerely,
CAR:kms
cc: Stephanie Marshall v/ email
Bateman Seidel Miner Blomgren Chellis & Gram, P.C.
1000 SW Broadway, Suite 1910 Portland, Oregon 97205jTelephone 503 972-9920 Fax 503 972-99211
Brenda Fritsvold
From: Robert Tintle
Sent: Friday, July 5, 2024 11:38 AM
To: Nick Lelack; Kim Riley
Cc: Whitney Hale; Erik Kropp; Brenda Fritsvold; Kristie Bollinger; Judi Hasse; Emily Pyle;
Robin Ingram; William Kuhn
Subject: Other Items - Tax Foreclosure Letter of Support
Attachments: Deschutes County Recommendations for DOR HB 4056 Workgroup 07.10.2024.docx;
County Legislative Recommendations.pdf
[Bcc: BoCC]
Commissioners,
On Wednesday, July 10, I will be bringing the attached "Deschutes County Recommendations..." letter to the
Board during Other Items. The request is to obtain your approval on the letter prior to us sending it to the
Department of Revenue. The deadline is July 11. Legal, Tax, and Property Management have reviewed our letter
and the group response letter ("County Legislative Recommendations") from other counties. We would like to
submit our similar letter of support with slight modifications.
BACKGROUND
In response to House Bill 4056(2024), the Oregon Department of Revenue is hosting a series of discussions
about a uniform process to distribute surplus proceeds from property tax lien foreclosure sales. The meetings
focus on county response to the ruling of the United States Supreme Court in Tyler v. Hennepin County,
Minnesota, 598 U.S. 631.
At the close of the June 26 meeting, Representative Conrad asked counties to review the consumer group memo
that was discussed, and prepare responses to the recommendations provided. There will be time on the July 17
agenda to discuss county responses to these recommendations.
Also attached is a joint letter submitted by several counties responding to consumer group memo (Yamhill,
Multnomah, Washington, Josephine, Clackamas, Lane, and Marion). They submitted their letter without seeking
input or signatories from other counties, but the responses were based on work performed during the previous
Legislative session.
I look forward to the discussion.
Thank you,
Robert Tintle I Chief Financial Officer
is
1300 NW Wall Street, Suite 203 I Bend, Oregon 97703
Tel: (541) 388-6559
Enhancing the lives of citizens by delivering quality services in a cost-effective manner.
1
July 10, 2024
Marjorie Taylor
Oregon Department of Revenue
marjorie.taylor(ador.oregon.gov
RE: Recommendations for the Department of Revenue House Bill 4056 Workgroup
Dear Chair and Members of the Workgroup:
As a follow-up to the June 26 HB 4056 Workgroup meeting, Deschutes County is providing a written
response to the request from Representative Conrad asking counties to review and respond to the consumer
grap memo. We are supportive of the key considerations prepared by Yamhill, Multnomah, Washington,
Josephine, Clackamas, Lane, and Marion counties. The following reiterates those key considerations.
1) Define who is entitled to the surplus proceeds (i.e., the "claimant") and the method by which a claimant
can establish "ownership" status. Deschutes County does not want to be involved in claim litigation or
prioritization, and we therefore ask that the term "claimant" not include creditors, garnishors, lienholders,
or assignees. Deschutes County believes that these rights are adequately addressed in current statute by
providing notification during the two-year redemption period. However, if changes need to be made to
the current statutory language, Deschutes County would support a separate "policy" bill that addresses
the rights of these groups in relation to the former owner.
2) Foreclosed properties will continue to be sold via public auction as Deschutes County believes it is the
most appropriate and efficient manner of selling as -is properties. Counties may opt into using a real
estate agent at their own discretion, but they will be under no statutory obligation to do so. It is worth
noting that the property owners have the opportunity for years to utilize a real estate agent prior to the
taking of deed by a county, if that is the option they want utilized for the sale of their property.
3) Allow for all county expenses in administering the surplus proceeds to be deducted from the surplus
proceeds prior to distribution (in addition to all other fees/expenses already deductible under ORS
275.275).
4) Establish deadlines for a claimant to file for surplus proceeds per the following:
a. One year from the date the property is sold or conveyed to a third -party up to a maximum of two
years from the date the property is deeded to the county under ORS 312.122 or 312.200;
b. One year from the date the county makes a determination that the county will retain the property
for public purposes up to a maximum of two years from the date the property is deeded to the
county under ORS 312.122 or 312.200; or
1300 NW Wall Street Bend, Oregon 97703
e (541) 388-6572 board@deschutes.org (0) www.deschutes.org
c. If no action is otherwise taken by the county, two years from date the property is deeded to the
county under ORS 312.122 or 312.200.
5) Clarify what notices are required, to whom they are to be sent to, and when they must be sent. The counties
do not support a "due diligence" requirement wherein a county would be obligated to locate all potential
claimants. Accordingly, we recommend the following notice requirements:
a. Include notification of the potential surplus in the one-year redemption notice already required
under ORS 312.125.
b. Require written notice be sent to the former owner at their last known address no less than 180
days before the filing deadline of two years from the date the property is deeded to the county
under ORS 312.122 or 312.200.
c. County website must publicly post all available surplus proceeds, along with an adequate
property description and the respective former owner's name.
d. Annual newspaper posting of expiring surplus claims no later than 60 days before the filing
deadline of two years from the date the property is deeded to the county under ORS 312.122 or
312.200.
6) Deschutes County fully supports the State's takeover of all lookback claims with funding provided by the
State Legislature to pay the claims. If requested, Deschutes County supports a six -year lookback period
to align with ORS 12.080. There are arguments that the lookback period should be two years. There are
also arguments that the lookback period should be ten years. Six years is a reasonable compromise.
Thank you for your consideration.
The Deschutes County Board of Commissioners
Patti Adair
Chair
Anthony DeBone
Vice Chair
Phil Chang
Commissioner
COUNTY RECOMMENDATIONS FOR THE HB 4056 DOR WORKGROUP
1) Define who is entitled to the surplus proceeds (i.e., the "claimant") and the method by
which a claimant can establish "ownership" status. Counties do not want to be involved in
claim litigation or prioritization, and we therefore ask that the term "claimant" not
include creditors, garnishors, lienholders, or assignees. However, counties would support
a separate "policy" bill that addresses the rights of these groups in relation to the former
owner.
2) Foreclosed properties will continue to be sold via public auction as we feel that it is the
most appropriate manner of selling as -is properties. Counties may opt into using a real
estate agent at their own discretion, but they will be under no statutory obligation to do so.
3) Allow for all county expenses in administering the surplus proceeds to be deducted from
the surplus proceeds prior to distribution (in addition to all other fees/expenses already
deductible under ORS 275.275).
4) Establish deadlines for a claimant to file for surplus proceeds per the following:
a. One year from the date the property is sold or conveyed to a third -party;
b. One year from the date the county makes a determination that the county will
retain the property for public purposes; or
c. If no action is otherwise taken by the county, two years from date the property is
deeded to the county under ORS 312.122 or 312.200.
5) Clarify what notices are required, to whom they are to be sent to, and when they must be
sent. The counties do not support a "due diligence" requirement wherein a county would
be obligated to locate all potential claimants. Accordingly, we recommend the following
notice requirements:
a. Include notification of the potential surplus in the one-year redemption notice
already required under ORS 312.125.
b. Require written notice be sent to the former owner at their last known address no
less than 180 days before the filing deadline.
c. County website must publicly post all available surplus proceeds, along with an
adequate property description and the respective former owner's name.
d. Annual newspaper posting of expiring surplus claims no later than 60 days before
the filing deadline.
6) Counties prefer to allow the current lookback litigation to run its/their course before
enacting legislation dictating procedures. Alternatively, the counties fully support the
State's takeover of all lookback claims. If requested, the counties prefer a six -year
lookback period to align with ORS 12.080.
BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, JULY 10, 2024
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 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
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 *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..
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
1. Approval of Document No. 2024-605, an amendment to the intergovernmental
agreement accepting a Community Navigator Pilot grant from the Oregon Health
Authority (#PO-44300-00026008-2)
2. Consideration of Board Signature on letter thanking Heather Johnson for service on the
Two Rivers Special Road District
3. Consideration of Board Signature on letters reappointing Sabrina Haggerty, Dave
Thompson, Mark Smith, Neil Baunsgard and Matt Muchna for service on the Bicycle and
Pedestrian Advisory Committee
4. Consideration of Board Signature on letter thanking Christopher Cassard for service on
the Bicycle and Pedestrian Advisory Committee
5. Approval of minutes of the BOCC May 29 and June 24, 2024 meetings
ACTION ITEMS
6. 9:10 AM Request from the City of La Pine for a letter supporting its application for
a Transportation Growth Management grant
7. 9:20 AM Consideration of a request to extend the written record period for the Last
Ranch, LLC, Plan Amendment & Zone Change Request
8. 9:30 AM Request to add 1.00 Building Safety Inspector I, II or III
9. 9:40 AM Oregon Health Authority grant agreement #180009--11 for Public Health
10. 9:50 AM Consideration of recommendations from the Solid Waste Advisory
Committee regarding the siting, development and mitigation of a new landfill
July 10, 2024
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.
ADJOURN
July 10, 2024
BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3