2024-278-Minutes for Meeting August 14,2024 Recorded 9/27/2024ES co
o` G2< BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
9:00 AM
Recorded in Deschutes County C'J2024-278
Steve Dennison, County Clerk
Commissioners' Journal 09/27/2024 9:35:59 AM
2024-278
BOCC MEETING MINUTES
WEDNESDAY August 14, 2024
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Anthony DeBone and Phil Chang. Also present were County Administrator
Nick Lelack, County Counsel David 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/meet'LQZS—.
CALL TO ORDER: Vice Chair DeBone called the meeting to order at 9:00 a.m. and noted
the excused absence of Commissioner Adair.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
Ashley (no last name provided) expressed concern about the consideration of
property owned by the City of Bend for a managed homeless camp. While she
agreed that such camps are needed, she was concerned about potential
environmental impacts if a wildfire were to result in an industrial accident at the
Soterra chemical plant.
Becca (no last name given) asked to know about any discussion regarding the
possible establishment of a managed homeless camp near La Pine as well as any
discussions with the Bureau of Land Management or other agencies regarding the
enforcement of camping regulations on federally -owned land in that area.
BOCC MEETING AUGUST 14, 2024 PAGE 1 OF 9
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
1. Approval of a Notice of Intent to Award a contract for the paving of Deschutes
Market Rd / Tumalo Rd: 19th St to Tumalo PI Project
2. Approval of an amendment extending the services contract with Clean Earth
Environmental Solutions for the Household Hazardous Waste program
3. Approval of minutes of the BOCC June 26 and July 1, 2024 meetings
CHANG: Move approval of the Consent Agenda as presented
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Acting Chair votes yes. Motion Carried 2 - 0
ACTION ITEMS:
The Board convened as the governing body of the Deschutes County 9-1-1 District.
4. Amendment to Trunked Radio Use Agreement and Collocation
Authorization with the Oregon Department of Transportation for
Deschutes County 9-1-1
Sara Crosswhite, 9-1-1 Director, said the agreement between the County and the
Oregon Department of Transportation for trunked radio use and collocation of
facilities previously obligated the County to pay user fees of $212,699 per year
until June 30, 2031. The proposed amendment would reduce DC911's annual
user fee to $178,058, with a 3% yearly escalator.
Commissioner DeBone said he attended the State Interoperability Executive
Council meeting yesterday where this proposed change to the agreement was
discussed. He agreed this collaboration has been valuable to both the County
and the State.
In response to Commissioner Chang, Crosswhite said 9-1-1 has facilities on
several towers, all of which are shared sites. Some of these sites are shared with
the State and some with the City of Bend.
CHANG
Move approval of f Document No. 2024-685, an amendment to the
agreement with ODOT for continued partnership on the State-wide
BOCC MEETING AUGUST 14, 2024 PAGE 2 OF 9
radio system
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Acting Chair votes yes. Motion Carried 2 - 0
The Board reconvened as the governing body of Deschutes County,
5. Oregon National Flood Insurance Program / Endangered Species Act
Implementation Plan / Legislative Consideration
Audrey Stuart, Associate Planner, explained that the National Flood Insurance
Program (NFIP), which is administered by the Federal Emergency Management
Administration (FEMA), establishes minimum standards for floodplain
management across the country and allows property owners in participating
communities to qualify for certain types of flood insurance. A lawsuit brought
against FEMA claimed the NFIP negatively affects endangered species and their
habitat by allowing development within the floodplain. As part of the lawsuit's
settlement, FEMA consulted with the National Marine Fisheries Service which
issued a biological opinion to the effect that FEMA's implementation of the NFIP
in Oregon is causingjeopardy to steelhead salmon and orcas, among other
species, as well as adverse modification of critical habitat for certain affected
species.
Will Groves, Planning Manager, said as a result of the lawsuit, settlement, and
biological opinion, some of the standards issued by FEMA regarding floodplain
development must now be overhauled. Noting that cities and counties are
required to adhere to these standards to be eligible for the NFIP, he referred to a
map showing affected areas in Deschutes County. As shown in the presented
map, only a portion of the floodplain in Deschutes County is impacted by this
biological opinion.
Responding to Commissioner Chang, Groves said some irrigation sites feed into
the identified watersheds and can be impacted by infiltration, sedimentation,
changes in temperature, and other factors. FEMA is obligated to protect all
designated floodplain, and Deschutes County must apply FEMA's regulations to
these areas.
In response to Commissioner Chang, Groves said if property is located in a
floodplain and purchased with a mortgage, most purchasers are required to
obtain flood insurance.
BOCC MEETING AUGUST 14, 2024 PAGE 3 OF 9
Groves said all impacted jurisdictions are required to act by December 1, 2024
and select a pre -implementation measure; however, because FEMA has not yet
released its model code there is uncertainty regarding when jurisdictions will be
able to adopt and implement these measures. Noting that the effective date for
the model ordinance is next July, Groves said it is not clear whether any technical
assistance will be available to local governments to help implement these
changes. He said these changes will necessarily involve addressing Measure 49
and takings concerns as well as clear and objective standards requirements.
Groves stressed that the failure to adhere to FEMA's regulations could result in
the suspension of floodplain insurance. He proposed considering lobbying efforts
in 2025 to ask that the Oregon Legislature clarify that federal requirements are
not subject to the clear and objective standards for housing development per
ORS 197A.400.
Responding to Commissioner DeBone, Groves said FEMA is working with the
State's Department of Land Conservation and Development on the model
ordinance. Groves added that Deschutes County has its own customized
floodplain ordinance, but cannot yet know how this may need to be changed.
Saying that the State of Washington has already been through this,
Commissioner Chang said it's likely that Oregon's regulations will be very similar
to Washing nn'S_ He Spnke to the changing climate nnting that mii irh mnra
precipitation is falling as rain rather than snow, and said because of this,
Deschutes County's floodplains are larger than FEMA has previously recognized.
He summarized FEMA's position to be that the floodplains must be mapped
larger than they currently are, and care must be taken that development in these
areas does not exacerbate flooding or harm the habitat of endangered species.
Because he viewed the changes as appropriate if applied well and expected that
the amount of land in Deschutes County affected by this process will be very
small, he was somewhat reluctant to allocate lobbying resources to this matter.
Groves allowed that over the last decade, fewer than ten permits in Deschutes
County have been issued for floodplain development in the impacted area. The
concern is that allowing certain projects to be evaluated under subjective
standards would require the waiver of any and all clear and objective standards,
and thus preclude the enforcement of the NFIP. Groves emphasized the need to
be clear about the obligations imposed on the County via federal preemption,
particularly with regard to how these tie into or affect the clear and objective
standards required by the State.
Discussion ensued regarding the upcoming legislative session and the difficulty in
applying clear and objective development standards in the absence of clarity.
BOCC MEETING AUGUST 14, 2024 PAGE 4 OF 9
Commissioner DeBone supported remaining updated on the progress and
content of the model ordinance and taking a legislative position on this matter.
Nick Lelack, County Administrator, said approximately 31 of Oregon's 36 counties
are expected to be affected. Although he appreciated that DLCD has asked that
these concerns be amplified to FEMA, he noted a possible opportunity in October
to express the need for DLCD's help in crafting an Oregon model ordinance
which would take the clear and objective standards requirement into account.
In response to Commissioner Chang, Groves said staff is working with FEMA to
produce a non -regulatory map for the Tumalo area to reflect winter flow rates
without, however, updating the mapped boundary of the Flood Plain Zone.
6. Continued Deliberations - RVs as Rental Dwellings
Tanya Saltzman, Senior Planner, reviewed the background of the Board's
consideration to allow recreational vehicles (RVs) as rental dwellings under
Senate Bill 1013. Referring to concerns raised by fire districts regarding how to
pay for increased service demands that could result from allowing this use, she
sought direction on whether the Board wishes to re -open the record on this
matter to permit the submission of additional comments. Saltzman added that
she will attend a meeting of the Central Oregon Fire Chiefs later today and
nffPrari to chart- rPlPvant infnrmatinn with that arniin
Commissioner DeBone supported reopening the record to gather more input as
described. He also supported conducting outreach to fire protection districts as
appropriate.
Noting the Board had previously expressed interest in hearing what other
counties are or may be doing with respect to the State's authorization to allow
RVs as rental dwellings, Saltzman said Clackamas County has recently adopted an
ordinance allowing this use. That ordinance is scheduled to take effect next
month.
Adding that the record in this matter had originally closed on May 291", Saltzman
reviewed options for the Board's consideration.
Commissioner Chang support reopening the record to allow sufficient time for
fire districts to provide input to the Board.
CHANG: Move approval of Board Order No. 2024-029, reopening the record
for File No. 247-23-000700-TA as amended to accept new testimony
until 4:00 pm on November 1, 2024
BOCC MEETING AUGUST 14, 2024 PAGE 5 OF 9
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Acting Chair votes yes. Motion Carried 2 - 0
Commissioner Chang was interested to hear how the regulations developed by
Clackamas County are the same or different from the ones considered by
Deschutes County.
7. Department Performance Measures Updates for FY'24
Jen Patterson, Strategic Initiatives Manager, said five departments were selected
to provide updates on progress made during FY'24 Q4 on the selected
performance measure of "Service Delivery."
Chris Perry, 9-1-1 Operations Manager, presented on 9-1-1's performance
measure to continue to meet or exceed the National Emergency Number
Association (NENA) standard for call answering times. The standard established
by NENA is that at least 90% of calls during busy times be answered in ten
seconds or less; DC911 exceeded this goal by answering 97.35% of calls within ten
seconds.
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relating to the staff cost of tallying ballots for countywide elections, saying the
target is $419 per 1,000 ballots and the County's cost is $328.
Responding to Commissioner DeBone, Dennison said the State pays for the
return postage of all ballots mailed to the Clerk's Office.
Peter Gutowsky, Community Development Director, reported on six selected
performance measures:
1. Achieve 8-12 inspection stops per day. The target is a minimum of 8.0 and the
department average during the quarter was 8.8,
2. Achieve 90-100% of pre -cover inspections completed the same day as
requested. The target is at last 90% and the number completed the same day
during the quarter was 93.35%.
3. Achieve an average turnaround time on building plan reviews of 8-10 days.
The target is a maximum of 10 days; the average during the quarter was
17.57 days.
4. Achieve the issuance of onsite septic system permits within 12 days of
completed application. The target is 12 days; the average achieved during the
quarter was 19.65 days.
BOCC MEETING AUGUST 14, 2024 PAGE 6 OF 9
5. Sustain the issuance of land use administrative decisions with notice within
45 days of completed application. The target is 45 days; the average achieved
during the quarter was 56.2 days.
6. Sustain the issuance of land use administrative decisions without notice
within 21 days of completed application. The target was 21 days; the average
achieved during the quarter was 24.3 days.
Jason Bavuso, Human Resources Manager, reported on the performance
measure to achieve 100% of recruitments opening within 21 days of receipt of a
recruitment authorization. The target was 21 days; 98% of recruitments in the
quarter were opened within 5.97 days of a recruitment authorization.
Zach Neemann, Information Security Manager, presented on the performance
measure to possess a minimum level IG2 for all 18 CIS Critical Security
Controls, saying that with his hire, IT has created a framework for Deschutes
County that aligns with ISO, NIST, and CIS standards and progress is being made
to meet controls within the framework.
Commissioner DeBone referred to a forthcoming after -action report to be issued
by Curry County regarding the cybersecurity attack it experienced in 2023.
Nick Lelack, County Administrator, recognized Human Resources and Information
T ec II ology, saying ll lat as these are internal service depdrtf rleflLb, Me puDllc
does not normally see their work and everything they do to support the rest of
the organization.
8. Acceptance of a Community Capacity Building Grant from Pacific5ource
Janice Garceau, Health Services Director, reminded that this past May, the Board
authorized Deschutes County Health Services (DCHS) to apply for Oregon Health
Authority's Health -Related Social Needs (HSRN) grant in the amount of $686,947.
DCHS has been awarded $475,210 and now seeks approval to accept this
funding, which will be used to collect and analyze data to understand the
community's HRSN needs and establish pathways to refer individuals and
families to community -based organizations identified as able to meet those
needs.
In response to Commissioner DeBone, Kacy Burgess, Clinical Information System
Administrator, said the grant will benefit high -risk Medicaid -enrolled persons by
utilizing a network of providers to stabilize their situations and achieve better
outcomes for their medical and health needs.
CHANG: Move approval of Chair signature of Document No. 2024-702
BOCC MEETING AUGUST 14, 2024 PAGE 7 OF 9
accepting a Community Capacity Building Grant from PacificSource
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Acting Chair votes yes. Motion Carried 2 - 0
OTHER ITEMS:
• Jen Patterson, Strategic Initiatives Manager, reviewed a draft letter commenting on
the State's wildfire hazard map for the Board's consideration, noting it was based on
the letter submitted by Craig Letz of Tamarack Wildfire Consulting.
Discussion ensued regarding desired changes to the draft letter to express
appreciation for the efforts of the State to protect lives and property.
Commissioner Chang noted his agreement with Letz's suggestion that the Wildland-
Urban Interface (WUI) map may be a better model than the wildfire hazard map.
Commissioner DeBone suggested communicating the County's ongoing efforts via
Project Wildfire and significant collaboration with other groups to support best
practices and educate property owners on the importance of creating defensible
space and reducing fire fuels, given that the risk of wildfire in Deschutes County is
high.
Kevin Moriarity, County Forester, agreed that the letter should acknowledge the
efforts made to prioritize areas for treatment, and further concurred that using the
WUI map would make sense for Deschutes County, where privately -owned
properties are surrounded by wildland fire fuels.
Commissioner Chang explained that the hazard map is not meant to be punitive but
rather is intended to drive the allocation of resources to assist property owners in
establishing defensible space, which helps to protect individual properties as well as
neighboring properties.
Commissioners Chang and DeBone were in consensus that the letter should make
clear that more high hazard areas exist in Deschutes County than are shown on the
draft map.
• Commissioner DeBone chaired yesterday's meeting of the State Interoperability
Executive Council which addresses such issues as cybersecurity for local
governments.
• Commissioner DeBone relayed efforts to determine how to fund medical examiner
services across the state, noting he has talked with Major Alex Gardner, director of
BOCC MEETING AUGUST 14, 2024 PAGE 8 OF 9
the Oregon State Police Forensic Science & Pathology Bureau, and has scheduled
discussions with others on this subject.
• Commissioner DeBone reported on a legislative tour earlier this week with
representatives from several agencies including DHS, CORE3, BLM and ODF.
• Commissioner Chang attended a session of representatives from area irrigation
districts where the topics of current storage conditions in the basin and the
monitoring of river and creek flows were discussed.
• Commissioner Chang reported that he convened a meeting between Senator
Golden and representatives of the insurance industry regarding increasing property
insurance costs and ways to incentivize property owners to create defensible space.
• Commissioner Chang attended yesterday's Sunriver-La Pine Economic Development
Board meeting where the subjects of speculative ("spec") buildings and the
industrial park were taken up.
EXECUTIVE SESSION: None
Being no further items to come before the Board, the meeting was adjourned at 11:11 am.
DATED this day of S2024 for the Deschutes County Board of
Commissioners.
PAT I ADAIR, CHAIR
ATTEST:
-kIu
RECORDING SECRETARY
ANTHONY DEBONE, VICE CHAIR
z,
PHIL CHANG, OMMISSIONER
BOCC MEETING AUGUST 14, 2024 PAGE 9 OF 9
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o� Gam{ BOARD OF
Mlqw
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, AUGUST 14, 2024
Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend
(541) 388-6570 1 www.deschutes.org
AGENDA
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via YouTube using this link:
http://bit.ly/3mminzy. To 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
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the
agenda.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734..
CONSENT AGENDA
1. Approval of a Notice of Intent to Award a contract for the paving of Deschutes Market Rd
/ Tumalo Rd: 19th St to Tumalo PI Project
2. Approval of an amendment extending the services contract with Clean Earth
Environmental Solutions for the Household Hazardous Waste program
3. Approval of minutes of the BOCC June 26 and July 1, 2024 meetings
ACTION ITEMS
4. 9:10 AM Amendment to Trunked Radio Use Agreement and Collocation Authorization
with the Oregon Department of Transportation for Deschutes County 9-1-1
5. 9:20 AM Oregon National Flood Insurance Program / Endangered Species Act
Implementation Plan / Legislative Consideration
6. 9:50 AM Continued Deliberations - RVs as Rental Dwellings
7. 10:05 AM Department Performance Measures Updates for FY'24 Q4
8. 10:50 AM Acceptance of a Community Capacity Building Grant from PacificSource
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.
August 14, 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
August 14, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
vT E S
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MEETING DATE: August 14, 2024
SUBJECT: Oregon National Flood Insurance Program / Endangered Species Act
Implementation Plan / Legislative Consideration
RECOMMENDED MOTION:
Lobbying efforts may be necessary in the 2025 Legislative Session to recommend repealing
entirely or paring back in designated floodplains, Oregon Revised Statute (ORS) 197A.400.
BACKGROUND AND POLICY IMPLICATIONS:
A National Marine Fisheries Service 2016 Biological Opinion (BiOp) is now part of the
National Flood Insurance Program (NFIP) in the State of Oregon. This Oregon BiOp, which
was issued in response to a federal lawsuit, concludes that the Federal Emergency
Management Agency's (FEMA) implementation of the NFIP in Oregon is causingjeopardy to
17 Endangered Species Act (ESA) listed species and adverse modification of critical habitat
for 16 of those species. This is significant because FEMA provides floodplain development
standards that cities and counties must follow to be eligible for the NFIP, and this BiOp will
overhaul the floodplain development standards for certain areas. On July 16, 2024, FEMA
sent information to Oregon cities and counties about how it will implement ESA within the
NFIP.
See accompanying memorandum for additional information.
BUDGET IMPACTS:
None
ATTENDANCE:
Peter Gutowsky, CDD Director
Will Groves, Planning Manager
Audrey Stuart, Associate Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Peter Gutowsky, AICP, Director
Will Groves, CFM, Planning Manager
Audrey Stuart, Associate Planner
DATE: August 7, 2024
SUBJECT: Oregon National Flood Insurance Program / Endangered Species Act Implementation Plan /
Legislative Consideration
CONSIDERATION
Depending on the Board of County Commissioners' (Board) position, lobbying efforts may be necessary in
the 2025 Legislative Session to recommend repealing entirely or paring back in designated floodplains,
Oregon Revised Statute (ORS) 197A.400.1 This ORS pertains to clear and objective housing standards for:
• Unincoroorated communities designated in;; rniintv'c arienn%eilArlvor! rnr prehensive plan after
December 5, 1994;
• Nonresource lands; and
• Areas zoned for rural residential use as defined in ORS 215.501.
BACKGROUND
A National Marine Fisheries Service 2016 Biological Opinion (BiOp) is now part of the National Flood
Insurance Program (NFIP) in the State of Oregon.2 This Oregon BiOp, which was issued in response to a
federal lawsuit, concludes that the Federal Emergency Management Agency's (FEMA) implementation of the
NFIP in Oregon is causing jeopardy to 17 Endangered Species Act (ESA) listed species and adverse
modification of critical habitat for 16 of those species. This is significant because FEMA provides floodplain
development standards that cities and counties must follow to be eligible for the NFIP, and this BiOp will
overhaul the floodplain development standards for certain areas. A map of potentially impacted, privately -
owned, floodplain zoned areas in Deschutes County is included as Attachment A.
On July 16, 2024, FEMA sent information to Oregon cities and counties about how they will implement ESA
within the NFIP (Attachment B). FEMA has been working on an environmental impact statement (EIS) for the
NFIP implementation plan in response to the BiOp and concerns that the NFIP affects threatened species.
i HB 3197 (2023). The amendments to 197A.400 (formerly 197.307) by section 2, chapter 533, Oregon Laws 2023, become
operative July 1, 2025.
2 Oregon NFIP BiOp or BiOp. NWR-2011-3197.
FEMA announced new pre -implementation compliance measures (PICM) that will run in parallel with the EIS
process.3 FEMA is directing NFIP participating cities and counties to select one of the following PICM options
by December 1, 2024:
1. Adopt a model ordinance that considers impacts to species and their habitat and requires mitigation
to a no net loss standard;
Choose to require a habitat assessment and mitigation plan for development on a permit -by -permit
basis; or
3. Putting in place a prohibition on floodplain development in the Special Flood Hazard Area (SFHA).4
If a community fails to inform FEMA of its selection, they will default to the permit -by -permit PICM pathway.
Communities will be required to report their floodplain development activities to FEMA beginning in January
of 2025. Failure to report may result in a compliance visit.
III. PROBLEM
FEMA's December timeline is unrealistic. These new PICMs will place considerable demands on Oregon
counties (and cities) while creating development uncertainty. As the figure below indicates, these measures
will be pervasive along the Oregon coast, Willamette Valley, Southern Oregon, and Eastern Oregon. For
Deschutes County, the impacts will be felt predominantly along Whychus Creek and the floodplain mapped
in association with the irrigation facilities running from Watson Reservoir, through McKenzie Canyon
Reservoir and continuing into the Lower Bridge area. Other affected areas include the Crooked River
watershed east of Bend, where development activity and land disturbance are infrequent as well a_ s_ other
isolated mapped floodplains.
Figure 1— Oregon NFIP BiOp Action Area
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OREGON NFIP BIOP ACTION AREA
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3 The release of the Final Implementation Plan is anticipated by 2026, following the Record of Decision in the EIS process, then
FEMA will fully implement the Plan in 2027.
4 As of the date of this memorandum, FEMA has not released a model ordinance.
-2-
FEMA's PICMs are inconsistent with Oregon's land use planning program. They disregard the efforts of local
governments to protect endangered species and their habitats while balancing other responsibilities, such as
housing, economic development, and mitigating natural hazards. Instead, FEMA is mandating a top -down
approach to comply with ESA. Many jurisdictions lack the resources to implement these measures yet will be
held responsible for insufficient administration of the NFIP program. Implementing any of the three PICMs
listed above will require a text amendment and separate hearings before the Planning Commission and
Board. FEMA's deadline does not afford local jurisdictions the time necessary for a robust, public process nor
account for the time required to adopt an amendment into county codes .5
Staff will return to the Board at a subsequent meeting in August to seek direction on the chosen PICM and
implementation strategies. If counties choose to adopt the model ordinance it must be effective by July 31,
2025, and any applications received between December 1, 2024, and the effective date are subject to the
permit -by -permit review. Deschutes County may choose to take an approach that delays the effective date
of the model ordinance to see how other cities and counties implement it and respond to legal challenges.
The level of technical assistance that FEMA will provide to cities and counties is still uncertain, and the staff
resources required to amend the zoning ordinance, review development applications under the new
standards, and respond to potential appeals may be significant.
IV. LEGISLATIVE CONSIDERATION
The consequences of not following the BiOp are extreme and include suspension from NFIP, loss of the
availability of NFIP policies, and no consideration for disaster relief funding. In addition, local governments
may be faced with issues of property takings and inverse condemnation claims. The expense of defending
against these claims will be financially_ consequential for many local governments and will ultimately
undermine participation in the NFIP. Lobbying efforts are likely necessary to recommend repealing entirely
or paring back HB 3197 in designated floodplains. It is unlikely that FEMA's model code will contain clear and
objective standards because of surveying, engineering, biological and other assessments that will be
required on a case -by -case basis to demonstrate that proposed floodplain activity complies with ESA.
Attachments:
A. Potentially Impacted Floodplain Areas
B. FEMA Pre -Implementation Compliance Measure Letter
5 The model ordinance developed by FEMA is expected to be released the week of August 5, 2024, providing limited time for cities
and counties to review it for compliance with state laws, adopted plans, and consistency with their own zoning ordinances.
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(F) Salmonoid Recovery Domain / Flood Plain / Privately Owned Land
1" = 3.25 Mi. East Deschutes County, OR
Legend
State Highway
Salmonoid Recovery Domain Within
FEMA 100 Year Flood Plain
Brothers
January 30, 2024 f
July 15, 2024
Patti Adair
P.O. Box 6005 Attn: BoCC
Bend, Oregon 97708
Dear Patti Adair:
U.S. Department of Homeland Security
ITMA Region 10
130 228th Street, SW
Bothell, WA 98021-8627
F E'mR'r A
ND S
The purpose of this letter is to announce the start of the United States Department of Homeland
Security's Federal Emergency Management Agency's (FEMA) Pre -Implementation Compliance
Measures (PICM) for National Flood Insurance Program (NFIP) participating communities in
Oregon. The intent of PICM is to ensure the continued existence of threatened or endangered species
in compliance with the Endangered Species Act (ESA). These measures include coordination with
communities to provide appropriate technical assistance, help identify available resources, deliver
trainings, and facilitate workshops to ensure on -going community participation in the NFIP. These
pre -implementation compliance measures will assist communities in preparing for the Final NFIP-
ESA Implementation Plan by helping them develop short and long-term solutions to ensure their on-
going participation in the NFIP.
FEMA is currently conducting a National Environmental Policy Act (NEPA) evaluation of impacts
associated with the Oregon NFIP-ESA Implementation Plan. FEMA developed this plan, in part, due
to a Biological Opinion in 2016 from National Marine Fisheries Services. The Biological Opinion
recommended specific measures for FEMA to take to avoid jeopardizing endangered species,
including interim compliance measures. The release of the Final Implementation Plan (Plan) is
anticipated by 2026, following the Record of Decision in the Environmental Impact Statement (EIS)
process, then FEMA will fully implement the Plan in 2027.
FEMA has heard concerns from several communities regarding challenges they are facing to meet
the expectations of this Plan. To provide communities with the support needed to incorporate ESA
considerations to their permitting of development in the floodplain, FEMA will inform, educate, and
support our Oregon NFIP participating communities through the PICM before the Final
Implementation Plan is released.
NFIP participating communities in Oregon must select one of the PICM pathways which include the
following: (1) adopt a model ordinance that considers impacts to species and their habitat and
requires mitigation to a no net loss standard; (2) choose to require a habitat assessment and mitigation
plan for development on a permit -by -permit basis; or (3) putting in place a prohibition on floodplain
development in the Special Flood Hazard Area (SFHA). Communities must pick a PICM pathway by
December 1, 2024. If a community fails to inform FEMA of its selection, they will default to the
permit -by -permit PICM pathway. Communities will be required to report their floodplain
development activities to FEMA beginning in January of 2025. Failure to report may result in a
compliance visit.
Adair
July 15 2024
Page 2
As a part of the PICM, FEMA will implement a delay in the processing of two types of Letters of
Map Changes in the Oregon NFIP-ESA Implementation Plan area, specifically Letters of Map
Changes associated with the placement of fill in the floodplain: Conditional Letter of Map Revision
Based on Fill (CLOMR-F) and Letter of Map Revision Based on Fill (LOMR-F) requests. This
action was specifically requested by NMFS in their 2016 Biological Opinion and serves to remove
any perceived programmatic incentive of using fill in the floodplain. This delay in processing will
begin on August 1, 2024, and will be in place until the Final Implementation Plan is released.
Your community's ongoing participation in the NFIP is critical, as it provides access to flood
insurance for property owners, renters, and businesses. In Deschutes County there are currently 89 of
NFIP policies in force representing $25763000 in coverage for your community.
FEMA will be conducting informational virtual webinars this summer to provide an overview and
status update for the Oregon NFIP-ESA integration, introduce the Pre -Implementation Compliance
Measures, and provide an opportunity for Oregon NFIP floodplain managers to ask questions of
FEMA staff. In the fall, FEMA will hold workshops to provide in-depth opportunities for local
technical staff to work with FEMA technical staff, to understand and discuss issues relating to the
PICM.
The webinars will be held virtually over Zoom. The information at each webinar is the same so your
jurisdiction only needs to attend one. You can register for a webinar using the links below.
• Wednesday, July 31 at 3-5pm PT: https://keamswest.zoom.us/meeting/register/tZEkc-
mi iri ct(-MP TiFinathi P lr_irl RNT_l-01,
.._,_ .J` ..a
• Tuesday, August 13 at 9:30-11:30am PT: https://kearnswest.zoom.us/meetin /register/tZAod-
isrTsgGNOKgckRLPPeaZuu4rv961cR
• Thursday, August 15 at 2-4pm PT:
https:Hkeamswest.zoom.us/meeting/register/tZIgcOGpgDoiHtTXaa946aI9dMpCTcJIH zt
• Wednesday, August 21 at 12:30-2:30pm PT:
https:Hkeamswest.zoom.us/meeting/register/tZYgcuGsrD8rH9DZ022vGOv9KrNzVeUZA9g
X
FEMA will also develop a questionnaire to allow communities to identify how they currently
incorporate or plan to incorporate ESA considerations, both in the short-term and long-term. To assist
communities in making this determination, FEMA will be offering guidance on the potential
pathways that help ensure current compliance. Communities will also be asked to help identify what
technical assistance and training would be most beneficial. Feedback from this questionnaire will
drive FEMA's engagement and outreach.
Upon completion of the Environmental Impact Statement review and determination, the Final
Implementation Plan will be distributed along with several guidance documents and a series of
Frequently Asked Questions. FEMA will also be starting NFIP Compliance Audits, in which we will
be reviewing permits issued by communities for development in the floodplain and will expect the
community to be able to demonstrate what actions are being taken to address ESA considerations.
If you have any questions, please contact us through our project email address fema-rl0-mit-
E11CM a fema.dhs.gov. Thank you for your community's on -going efforts to reduce flood risk in your
Adair
July 15 2024
Page 3
community and for your support as we worked toward these milestones.
Sincerely,
Willie G. Nunn
Regional Administrator
FEMA Region 10
cc: WillGrove, Deschutes County
John Graves, Floodplain Management and Insurance Branch Chief
Deanna Wright, Oregon State National Flood Insurance Program Coordinator
Enclosure: Pre -Implementation Compliance Measures Fact Sheet
Oregon National Flood Insurance Program Endangered Species Act Integration
Beginningth4s; summer, FEMA will aSSiStCGMmunities with
coming changes to the National Flood Insurance program (NFIP),
,in Oregon.
As the result of a Biological Opinion issued by the National
Marine Fisheries Service, communities are required to
demonstrate how floodplain development is compliant
with the Endangered Species Act in Special Flood Hazard
Areas. 0hanges, are needed to protect the habitat of
several species of fish and the Southern Resident killer
whales to comply with the Endangered Species Act (ESA).
FEMA outlined these changes in the draft Oregon LJEIP-
ESA lWernenlation Plan
FEMA is evalluating, proposed changes to the N FI P1
outlined in the Implementation Plan through an
environmental impact statement (EIS), in compliance with
the National Environmental! Policy Act ((EPA).
National Marine Fisheries
service issued a Biolcif)cal
opinion an the KFJP in
Oregon, as required by the
Enclangered species Act.
The Final Implementation Plan is anticipated by 2.026 fiallowing
the Record of [decision in the EIS process, then FEMA wil I fv,[!ry
implement the plan in, 2027. Unti I then, com mun ifies need
to begin taking action to protect habitat and achieve 'no net.
loss-" FEMA is offering several resources for communities
to learn more and implement interim measures., called Pre-
Imp[ementation Compliance Measures (PI.CM's).
2021-Early 2025-- FEMA is drafting an EIZ to stucl?y Ute effects of
Uie draft Implementation Pl8n.
FEMA dave][Gped We draft
CTegDn Implementation
Plan for NfW-F&A
Imegwion.
FEMA % ConductiMg,
outreach, edumicin, end
direct te cftaica I a ss ista nce
for the Pre -Implementation
Oompliane-e Measures.
FE34A Will t* fiM
implementing the. fiffal
Plan.
Finalize and. issue Oregon
NFU -ESA Implementation
Plan.
FEMA
July 2024
What can communities do to comply with these changes?
Oregon comm, unities participating in the NFIP can take short-term measures to comply with ESA
requirements, known as PiCIVIs. FEMA. developed these measures in response to concerns from
communities about the time and resources needed to meet requirements and ensure their future good
standing in, the NFIP. By implementing these measures now', communities will be better prepared for
compliance audits, which will begin when the Final implementation Plan is in place.
Communities can select one of the following three PICMs::
. Prohibit all new developmenit in the floodplain.-
. incorporate the ES.A. into locat-ftoodplain ordinances.
. Require permit applicants to develop a Floodplain Habitat Assessment documenting that their
proposed development in the Special Flood Hazard Area will achieve "no net loss,"
Communities must report to FEMA on their implementation of interim measures.
in addition to the above measures, as ofAugust 1, 2024, FEMA is temporarily suspending processing
applications. for Letters of Map Revision. based on FiEl (LOMR-Fsl and Condlitional Letters of Map
Revision based on Fill (CLOMR-Fs) in NFIP communities to avoid potentially negative effects on ESA -
listed species-
FENIA is here to support your community.
FENIIA is offering several resources to assist -lommunities in preparing for the Oregon NFIP-ESA
Implementation Plan -
Informational Webinzirs (Summer 2024): Learn about, what FEMA is doing to revise the
Implementation Plan and receive an, introduction to the PI Ms.
Questionnaire (Summer 2024): Share what floGdpiain ma nagement. measures yGur community
is currently, implementing to comply with, the ESA, which PIOMs you're most interested in, and
what support you, need. Your feedback will help us plan the fall workshops and identify needs for
technical assistance.
Workshops (Fall: 2024): Get an, in-depth look at PIOMs and talk through questions and concerns
with FEMA staff.
Technical Assistance (Begins in Fall 2024): Get support from, FEMA to begin implementing
1010ms.
Learn i-nore at ferna.gov July 2024 2
X\\3�ES CO p
G2� BOARD OF
COMMISSIONERS
I AGENDA REQUEST & STAFF REPORT
MEETING DATE: August 14, 2024
SUBJECT: Department Performance Measures Updates for FY'24 Q4
BACKGROUND AND POLICY IMPLICATIONS:
Five departments have been selected to provide updates on progress made during FY'24
Q4 on the selected performance measure that falls under the County Goals and Objectives
of "Service Delivery".
9-1-1
Objective: Service Delivery - Support and promote Deschutes County Customer Service
"Every Time" standards.
Performance Measure: Continue to meet and exceed the National Emergency Number
Association (NENA) standard for call answering times by regularly auditing operational and
technical practices internally as it related to call answering.
Value/Target: 90%
Q4 Update: 97.35%
Clerk's Office
Objective: Service Delivery - Support and promote Deschutes County Customer Service
"Every Time" standards.
Performance Measure: Election personnel cost comparison per 1,000 ballots tallied for
countywide elections. Target: Cost to remain within 10% of similar -type election.
Value/Target: $419
Q4 Update: $328 per 1,000 ballots tallied
CDD
Objective: Service Delivery - Ensure quality service delivery through the use of innovative
technology and systems.
Performance Measure: Achieve 8-12 inspection stops per day to provide quality service.
Value/Target: 8
Q4 Update: 8.8
Objective: Service Delivery - Ensure quality service delivery through the use of innovative
technology and systems.
Performance Measure: Achieve 90-100% of pre -cover inspections completed the same day as
requested.
Value/Target: 90%
Q4 Update: 93.3%
Objective: Service Delivery - Ensure quality service delivery through the use of innovative
technology and systems.
Performance Measure: Achieve an average turnaround time on building plan reviews of 8-10
days to meet or exceed state requirements.
Va I u e/Ta rget: 10
Q4 Update: 17.57
Objective: Service Delivery - Ensure quality service delivery through the use of innovative
technology and systems.
Performance Measure: Achieve the issuance of onsite septic system permits within 12 days
of completed application.
Value/Target: 12
Q4 Update: 19.65
Objective: Service Delivery - Ensure quality service delivery through the use of innovative
technology and systems.
Performance Measure: Sustain the issuance of land use administrative decisions with notice
within 45 days of completed application.
Value/Target: 45
Q4 Update: 56.2
Objective: Service Delivery - Ensure quality service delivery through the use of innovative
technology and systems.
Performance Measure: Sustain the issuance of land use administrative decisions without
notice within L I UdyJ UI completed application.
I.
Value/Target: 21
Q4 Update: 24.3
Human Resources
Objective: Service Delivery - Provide collaborative internal support for County operations.
Performance Measure: Achieve 100% of recruitments opening within 21 days of receipt of
Recruitment Authorization in good order (timely and accurately.)
Value/Target: 100%
Q4 Update: 98% - Q4 average of 5.97 days to open recruitment from receipt of
Recruitment Authorization in good order.
IT
Objective: Service Delivery - Ensure quality service delivery through the use of innovative
technology and systems.
Performance Measure: Possess a minimum level IG2 for all 18 CIS Critical Security
Controls
Value/Target: True
Q4 Update: With the hire of a new Information Security Manager we have created a
framework for Deschutes County that aligns with ISO, NIST, and CIS standards. With that
being said, continued progress has been made in meeting controls within the framework.
BUDGET IMPACTS:
No anticipated budget impacts.
ATTENDANCE:
Jen Patterson, Strategic Initiatives Manager
Chris Perry, Manager, 9-1-1 Operations
Steve Dennison, County Clerk
Peter Gutowsky, Director, CDD
Kathleen Hinman, Director, Human Resources
Tania Mahood, Director, IT
August 8, 2024
Re: Letter Addressing Draft Oregon Statewide Wildfire Hazard Map
This letter is in response to the updated Draft Oregon Statewide Wildfire Hazard Map released July
2024. The map and associated policies appear flawed and have the potential to preclude communities
and local governments from effectively adopting and enforcing building and landscaping codes that will
protect millions of Oregonians from wildfire. The Map is designed to; be.used to designate where codes
can and can't be employed. In conjunction with the,,,:,creation of the Haza'rd;Map, a Draft Wildland Urban
Interface (WUI) Map was also created. This WUI focuses on designating areas where wildland vegetation
intersects with homes and other infrastructure rather.than trying.to categorize 6,level of potential
hazard. Ultimately, the WUI Map would be a much more 'effective''tool as a to help guide policies, enact
code, and keep Oregonians safe from wildfire and we recommend only utilizing the WUI Map.
For example; the newer Tree Farm and'Westgate subdivisions on the west side of Bend have rigorous
fire mitigation language in their design guidelines requiring home hardening and defensible space
measures, yet both neighborhoods are classified on the Map as "high" hazard areas. Other older
subdivisions on the west side of Bend with no fire mitigation requirements, such as Deschutes River
Woods, are classified as moderate. Any fire professional familiar with these neighborhoods would find
these designations wildly inaccurate.
The Map also appears to disregard the following critical points:
The Insurance Institute for Business & Home Safety stated, "during wildfires, as many as 90% of
homes and buildings damaged or destroyed were first ignited by embers or other fires set by
embers, and not the main wildland fire front." Embers have been regularly reported traveling
1.5 to 5 miles ahead of the main fire. Once a home ignites, structure -to -structure ignition occurs
(structures include houses, sheds, wooden fences, garages, etc.). Since the Hazard Map
1300 NW Wall Street Bend, Oregon 97703
(541)388-6572 boardC)deschutes.org 0www.deschutes.org
repeatedly classifies adjacent properties in different risk categories, we can assume the range of
ember travel was not included.
• The models used do not reflect the fire behavior of homes as a fuel type. Houses and ancillary
structures in the WUI commonly are built with wood and can contain extremely flammable
elements like propane tanks, ammunition, and fuel containers, and can accelerate the spread of
some fires.
Vegetation is constantly changing. Grass, brush, and trees are dynamic elements on the
landscape and grow, die, and are planted by property owners. Treatments to reduce hazardous
fuels are therefore not effective indefinitely. In Central Oregon, vegetation treatments could
lose their effectiveness in as little as 5 years.
The real flaw in this legislation isn't the Hazard Map itself, rather declaring the Map is the guiding tool in
deciding where home hardening and defensible space codes can be enacted and enforced.
Dividing cities or neighborhoods at the lot level, like the Hazard Map does, makes it extremely difficult
for local governments to adopt and enforce codes that only apply to certain parts of a jurisdiction, all
the while based on a map that inherently needs to evolve with changing vegetation, climate, and
development.
Mislabeling communities is also dangerous, primarily because it will create a false sense of security in
areas rated "moderate" or "low" and make it extremely difficult to enact safer codes or inspire
individual property owners or tenants to participate in improving the safety of their properties.
The WUI Map, however, classifies the geographic area where structures and other human development
meets or intermingles with wildland or vegetative fuels with a broader brush, better communicating the
wildfire danger on a broader and more realistic landscape scale.
As a state with a recent history of deadly and destructive conflagrations, we are shockingly behind the
curve on protecting our growing communities from wildfire. Every year, we witness unprecedented fire
behavior and are suffering staggering home, resource, and human losses. The Wildfire Hazard Map,
while well-meaning, has become a distraction delaying the application of common sense measures and
codes. The WUI Map, however, is the superior tool to help guide the process and should be utilized
instead of the Hazard Map.
The Deschutes County Board of Commissioners
Patti Adair Anthony DeBone Phil Chang
Chair Vice Chair Commissioner