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HomeMy WebLinkAbout2014-03-26 Work Session Minutes Minutes of Board of Commissioners’ Work Session Wednesday, March 26, 2014 Page 1 of 7 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MARCH 26, 2014 ___________________________ Present were Commissioners Anthony DeBone and Alan Unger; Commissioner Tammy Baney was out of the office. Also present were Tom Anderson, County Administrator; and, for part of the meeting, Judith Ure, Administration; Wayne Lowry, Finance; Laurie Craghead and John Laherty, County Counsel; Chris Doty, Road Department; Nick Lelack and Cynthia Smidt, Community Development; Jamie Christman, Bend Chamber of Commerce; State Senator Tim Knopp; and by conference call, and Mark Nelson and Justen Rainey, Public Affairs Counsel. No representatives of the media were in attendance. Vice Chair DeBone opened the meeting at 1:30 p.m. ___________________________ 1. Legislative Wrap Up. Senator Tim Knopp said that he felt SB 1578 biomass was a great bill, and the Board helped; they got through Senate and were close to getting it through the House. It died in the final days of the session due to someone in Eugene who wants to keep the solar industry happy. He thinks the same Bill should come back, and they should isolate the biomass part of it to make it easier to discuss. There will be more opportunities to do this. This was his first short session, which felt like a special session except for 200+ bills that were introduced during the process. He thinks it was a terrible process for the public, since it was non-transparent and there was not enough time for input. He suggested that pressure be brought to make sure this does not continue. This is not what the public wanted, as they want an annual process that pays more attention to the budget and agencies. This did not happen, and it was being used for partisan political purposes. Some good things did happen, like the COCC-OSU bonding issue, and a couple of other bills that will be helpful long term. Minutes of Board of Commissioners’ Work Session Wednesday, March 26, 2014 Page 2 of 7 Commissioner Unger thanked him for funding the basin study program that allows for grants to be pursued. Commissioner Unger asked if there was any public pressure regarding expectations. Senator Knopp replied they did the most they could. The short session is a constitutional provision but there were no sideboards established as to what they could really do. It needs to be the same thoughtful process as the regular session. This will change only through public pressure. They will have to adopt rules to impose limitations. Mark Nelson stated that there were about 280 bills introduced, and most of them were for policy. This did not stop some from putting in controversial and complicated bills. Nothing harmful got through and most things that were anti- county were stopped. The biomass bill did not get through because of one Representative who got it tied up. It had broad support, based on what happened in the Senate. They will have to push it through in the next session, and there should be more allies then. In terms of the wrongful death bill, it died in ways & means, as it was too complicated and tried to change workers comp statutes. There is an issue here, but it needs a different solution. The County Clerk bill was supported and passed. The Youth Development Funding Reallocation bill was opposed or neutral, but it will come back the next session. The issue is how and where that money will go. It died with others. Regarding the Early Learning Council issues and the HUBS, there will be some kind of effort to combine funding for all of them. Business Oregon passed the Oregon entrepreneurial loan fund, up to $100,000, and extended the loan period from five to ten years. The development fund for manufacturers, the extension program, got $750,000 additional for Business Oregon. Justen Rainey said that the March revenue forecast predicts the lottery funding will increase, with a relatively stable and modest gain. There will be no personal or corporate kicker refunds and the rainy day fund will get $160,000 for the 2015-16 session. The long session had a 2% holdback for agencies if revenue increased. Most agencies allocate 25% of the holdback. Some receive the full 2% but most got a smaller amount. The longer forecasts are harder to predict, but by 2017-19, the general fund lottery should go up another $3 billion. Minutes of Board of Commissioners’ Work Session Wednesday, March 26, 2014 Page 3 of 7 $40 million was provided from the general fund for fire season. Some funds were allocated to cover the budget gap for corrections. Mr. Nelson stated that the Speaker and Governor would be back with some kind of approach, perhaps not the same, regarding the Youth Development Council funds as well as the ELC and HUBS. Some HUBS have been established but not as many as they anticipated. Senator Knopp and others need to think about the biomass bills and be mindful of the timelines. Mr. Rainey noted that there would be questions regarding the CCO’s, health care funding in general, and land use. Mr. Nelson stated that they need to have the Juvenile Directors and counties in line with each other so that some will not be manipulated by the Governor or others. This was an extremely difficult bill to kill. AOC waived as did others, but they need a firm agreement. Commissioner Unger said there are challenges. They were against it at first but some of it was made acceptable. The dynamics made it difficult. Mr. Nelson explained that they Board makes policy, but there was great pressure especially from Marion County. In the end, they still would have gotten everything they did not want. The Board has a right to its original decision, and in the end, the hoped-for changes would not have happened. Nick Lelack asked if they should try to kill some things in committee before they even come up with a Bill. In particular, the appeal cap, as he feels they should be able to control the fees locally. Landwatch and Thousand Friends support it and they continue to meet. The County is the target. Commissioner Unger asked if they should look to the departments to get ready for the next session, and whether there is a list to follow. Tom Anderson said that most departments have their own committees and groups for this, and are now in the process of decompressing from this past session. Mr. Rainey said that during legislative days, they reconvene the calls and check in with department heads. In September there are filing days. They all need to be on the same page and timeline. Minutes of Board of Commissioners’ Work Session Wednesday, March 26, 2014 Page 4 of 7 Chris Doty said he is following the transportation bill formulation and concepts. Commissioner DeBone said he went to Salem for one of the bills, and it was amazing who was there from here. There is a good team but things move pretty fast. Commissioner Unger asked if they need to bring in department heads before legislative days. Mr. Rainey replied that he wants to know what is going on at the local level. They can target meetings around that time and report back. Mr. Nelson added that other than Multnomah County, Deschutes, Lane and Linn have more clout than anyone else. They should take advantage of that and look at the things they really want to change. They recently hired J.L. Wilson, Sr., an experienced lobbyist from the Association of Oregon Industries. He is well-respected and will be part of a good team. They can start working on things in the interim. Commissioner DeBone said he is following the low carbon fuels taskforce meetings. They have the concept of reducing carbon fuel intensity. He likes the economic diversity opportunities of this, natural gas and others. Mr. Nelsons stated that they represent food processors and others in this regard. The low carbon fuels bill sunsets, but has been opposed universally and the standards cannot be met. He needs to know if this is a conflict. Commissioner DeBone said that he is not in a position to support or oppose since he needs to know more of the big picture. He wants to diversify energy sources, but this is not the County’s position at all at this time. Jamie Christman of the Bend Chamber of Commerce said she followed SB 1578, and the goal is to find areas to collaborate and put together a stronger voice. She appreciates the opportunity to learn more. Mr. Nelson and Mr. Rainey left the meeting at this point. Senator Knopp stated that the new person with PAC is a coup, as he is a very high level executive from AOI. They will have multiple people in that firm to help the County and their other clients. Minutes of Board of Commissioners’ Work Session Wednesday, March 26, 2014 Page 5 of 7 Commissioner Unger stated that the County was considering an RFP, but he is hearing that this is the right team for the County. Senator Knopp said that if he was hiring someone for the Builders’ Association, it would be them. Their experience cannot be beat due to their wide scope of work and their client base. They have more influence than most. Commissioner Unger noted that a couple of sessions ago, there were some conflicts with what the County wanted and what some of their other clients wanted. Senator Knopp replied that this will happen occasionally with any of them, but the positives will far outweigh the negatives. Judith Ure observed that they have not raised their fees since 2003. Commissioner DeBone said this is a public process and may be something they should do anyway. They could discuss the appropriate timeframe and expectations. Commissioner Unger noted that he is not sure how much work they do specifically for the County. Ms. Christman stated that the way the County prioritizes is helpful and organized. The organizational aspects speak highly of the County, but the session itself seemed crazy. Ms. Ure said that the Assessor tells her that no other county is as involved with the legislative sessions as this one. Ms. Christman and Senator Knopp left the meeting at this time. Commissioner Unger asked if they want to proceed with an RFP for lobbyist services. Commissioner DeBone replied they would want to do this with light hands, and it needs to be quick and decisive if it is to be done. 2. Other Items. Commissioner Unger stated that the a letter was drafted for Deschutes Collaborative Forest Project, to support the Nature Conservancy in a grant request to do collaborative work. UNGER: Move support of the letter. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Vice Chair votes yes. Minutes of Board of Commissioners’ Work Session Wednesday, March 26, 2014 Page 6 of 7 ___________________________ Commissioner Unger discussed a request for support from the Collaborative Forest Landscape Group. The letters go to the chairs of committees, to encourage budget funding for collaborative forest projects. The potential is $40 to $60 million. UNGER: Move support of the letter to the group. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Vice Chair votes yes. ___________________________ Commissioner DeBone said he received a letter from Charles Boyd of Tumalo, who opposes the Newland land use application, and asked for a lot of money for his property that he wanted to sell twenty years ago for the same reasons. Commissioner Unger noted that he does traffic counts from Eagle Crest and other things he thinks need to be done. Ms. Craghead stated that this case is still open, but the comment period is closed. This is an ex parte contact, so if it comes to the Board later, this can be put on the record then. ___________________________ Commissioner Unger said that the Community Solutions Team was codified the last session and wants to reaffirm the appointment of members. Mr. Anderson stead that there are regional groups who want the chairs of those groups to nominate a super team or statewide team. Commissioner Unger said that he and Commissioner Hatfield are on the team. There are four elected officials. They are trying to create more regional equity. There is a April 4 deadline. He needs to affirm that he will continue on this team. ___________________________ Mr. Anderson stated that a letter was drafted showing Board support of OSU Cascades. It is non-committal except for the vision, as the Board did not want to volunteer support of a specific location. This comes through the City process. UNGER: Move support of the letter as written. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Vice Chair votes yes. Being no further discussion, the Board went into Executive Session, under ORS J92.660(2)(h), pending or threatened litigation, at 3:25 p.m. /)/t, ­ DATED this -r --Day of ~ 2014 for the Deschutes County Board of commiSSione ~ Tammy Baney, Chair Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, March 26, 2014 Page 7 of7 Deschutes County Board of Commissioners l300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, MARCH 26, 2014 1. Legislative Wrap Up -Judith Ure 2. Other Items Executive Session, under ORS 192.660(2)(h), pending or threatened litigation ­ County Counsel PLEASE NOTE: At any time during this 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; or ORS 192.660(2) (b), personnel issues; or other issues under ORS 192.660(2), executive session. Meeting dates, limes and discussion items are subject to change. All meetings are conducted in the Board o/Commissioners' meeting rooms at J300 NW Wall SI .. Bend, unless otherwise indicated. lfyou have questions regarding a meeting, please call 388-6572. 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, please call (541) 388-6571, or send an e-mail to bonnie.baker@deschutes.org. Deschutes County 2014 Session Wrap Up Wednesday, March 26, 2014 1:30pm Deschutes Services Building Allen Room (in the 2nd floor of the County Commissioners office) 1300 NW Wall Street Bend, OR 1-866-279-1568 *8678842* I. CENTRAL OREGON LEGISLATOR UPDATES a. Update from Central Oregon Delegation on the 2014 Session II. PUBLIC AFFAIRS COUNSEL LEGISLATIVE REPORT a. Update on the 2014 Legislative Session b. Deschutes County Priority 1 Bills i. SB 1578 – Biomass c. Deschutes County Priority 2 Bills i. HB 4048 – Wrongful Death (Oppose) 1. Died ii. HB 4056 – County Clerk Technical Fix (Support) 1. Passed i. HB 4134 – Youth Development Council Funding Reallocation (Oppose) 2. Died iii. HB 4141 – (Property Tax Exemptions/School Districts (Oppose) 1 1. Died iv. SB 1563 – Business Oregon/Entrepreneurial Development (Neutral) 1. Passed III. UPDATE ON THE OREGON’S FINANCIAL AND BUDGET STATUS a. February Revenue Report b. 2013-15 Budget Outlook c. 2015-17 Budget Outlook IV. UPCOMING KEY TIMELINES AND INTERIM SESSION DATES a. Interim Legislative Days i. May 28-30, 2014 ii. September 15-17, 2014 iii. December 8-10, 2014 b. Organizational Days/2015 Session i. Organizational Days - January 12-14, 2015 ii. Session Starts - February 2, 2015 c. 2015 Legislative Deadlines i. Pre-Session Drafts to LC by September 22, 2014 ii. LC Drafts Returned by December 5, 2014 iii. LC Drafts Pre-Session Filing Deadline is December 19, 2014 V. DISCUSSION ON LOOMING 2015 ISSUES TO MONITOR a. What to Expect in 2015? VI. NEXT MEETING a. TBD 2 Deschutes County SB 1578B Position Priority Date Input Support 1 1/28/14Bill Info Summary:Modifies types of green energy technology for which at least 1.5 percent of total contract price of certain public improvement contract for construction or certain reconstruction or major renovation of public building must be spent. Status: 3/7/14 H - In committee upon adjournment. 2/21/14 H - Work Session held. 2/21/14 H - Referred to Rules by order of Speaker. 2/21/14 H - Recommendation: Do pass with amendments, be printed B-Engrossed, and be referred to Rules. 2/20/14 H - Public Hearing and Work Session held. 2/19/14 H - First reading. Referred to Speaker's desk. 2/19/14 H - Referred to Energy and Environment. 2/18/14 S - Third reading. Carried by Knopp. Passed. Ayes, 29; nays, 1--Edwards. 2/17/14 S - Second reading. 2/14/14 S - Recommendation: Do pass with amendments and subsequent referral to Finance and Revenue be rescinded. (Printed A-Eng.) 2/14/14 S - Subsequent referral rescinded by order of the President. 2/13/14 S - Public Hearing and Work Session held. 2/3/14 S - Introduction and first reading. Referred to President's desk. 2/3/14 S - Referred to Rural Communities and Economic Development, then Finance and Revenue. HB 4048A Position Priority Date Input Oppose 2 1/27/14Bill Info Summary:Provides that public body and its officers, employees and agents are not immune from liability for wrongful death of person who is covered by workers&#39; compensation law if death occurred in course and scope of decedent&#39;s employment, death occurred as result of criminal conduct and decedent was not employed by public body at time of death. Status: 3/7/14 H - In committee upon adjournment. 2/19/14 H - Public Hearing held. 2/17/14 H - Assigned to Subcommittee On Public Safety. 2/13/14 H - Referred to Ways and Means by order of Speaker. 2/13/14 H - Recommendation: Do pass with amendments, be printed A-Engrossed, and be referred to Ways and Means. 2/11/14 H - Work Session held. 2/3/14 H - First reading. Referred to Speaker's desk. 2/3/14 H - Public Hearing held. 2/3/14 H - Referred to Judiciary. HB 4056 Position Priority Date Input Support 2 1/27/14Bill Info Summary:Prohibits county clerk or county recording officer from recording document that records death filed in conjunction with owning or having interest in land if document originated in this state and includes medical information related to cause of death. 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 3 Status: 3/18/14 H - Chapter 60, (2014 Laws): Effective date March 13, 2014. 3/13/14 H - Governor signed. 3/6/14 S - President signed. 3/6/14 H - Speaker signed. 3/3/14 H - House concurred in Senate amendments and repassed bill. Ayes, 58; Excused, 2--Berger, Weidner. 2/28/14 S - Third reading. Carried by Boquist. Passed. Ayes, 30. 2/27/14 S - Second reading. 2/26/14 S - Recommendation: Do pass with amendments. (Printed A-Eng.) 2/25/14 S - Public Hearing and Work Session held. 2/11/14 S - Referred to Rules. 2/10/14 S - First reading. Referred to President's desk. 2/6/14 H - Third reading. Carried by Whisnant. Passed. Ayes, 59; Excused for Business of the House, 1-- Jenson. 2/5/14 H - Second reading. 2/4/14 H - Recommendation: Do pass. 2/3/14 H - First reading. Referred to Speaker's desk. 2/3/14 H - Public Hearing and Work Session held. 2/3/14 H - Referred to Rules. HB 4134B Position Priority Date Input Oppose 2 1/27/14Bill Info Summary:Directs Youth Development Council to allocate funds available to support community-based prevention and intervention programs and services based on indicators of need for youth ages 6 through 20. Status: 3/7/14 H - In committee upon adjournment. 2/20/14 H - Referred to Ways and Means by prior reference. 2/20/14 H - Without recommendation as to passage, with amendments, be printed B-Engrossed, and be referred to Ways and Means by prior reference. 2/19/14 H - Work Session held. 2/13/14 H - Without recommendation as to passage, with amendments, be printed A-Engrossed, be referred to Rules, and then referred to Ways and Means by prior reference. 2/13/14 H - Referred to Rules by order of Speaker and then Ways and Means by prior reference. 2/12/14 H - Public Hearing and Work Session held. 2/3/14 H - First reading. Referred to Speaker's desk. 2/3/14 H - Referred to Education with subsequent referral to Ways and Means. HB 4141 Position Priority Date Input Oppose 2 1/27/14Bill Info Summary:Provides that certain property tax exemptions and certain cancellations of property taxes do not apply to property taxes imposed by school districts or education service districts. Status: 3/7/14 H - In committee upon adjournment. 2/5/14 H - Public Hearing held. 2/3/14 H - Referred to Revenue. 2/3/14 H - First reading. Referred to Speaker's desk. 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 4 SB 1563A Position Priority Date Input Neutral 2 2/25/14Bill Info Summary:Authorizes Oregon Business Development Department to undertake entrepreneurial development activities for traded sector industries and in rural communities. Status: 3/10/14 S - Chapter 3, 2014 Laws. 3/10/14 S - Effective date, February 26, 2014. 2/26/14 S - Governor signed. 2/24/14 H - Speaker signed. 2/21/14 S - President signed. 2/20/14 H - Potential conflict(s) of interest declared by Smith. 2/20/14 H - Third reading. Carried by McKeown. Passed. Ayes, 56; Nays, 1--Weidner; Excused, 2--Davis, Matthews; Excused for Business of the House, 1--Tomei. 2/19/14 H - Second reading. 2/19/14 H - Recommendation: Do pass. 2/18/14 H - Public Hearing and Work Session held. 2/12/14 H - First reading. Referred to Speaker's desk. 2/12/14 H - Referred to Rural Communities. 2/11/14 S - Third reading. Carried by Rosenbaum, Beyer. Passed. Ayes, 29; excused, 1--George. 2/10/14 S - Second reading. 2/6/14 S - Recommendation: Do pass with amendments. (Printed A-Eng.) 2/5/14 S - Public Hearing and Work Session held. 2/3/14 S - Introduction and first reading. Referred to President's desk. 2/3/14 S - Referred to General Government, Consumer and Small Business Protection. HB 4015A Position Priority Date Input Neutral 3 1/27/14Bill Info Summary:Directs certain state agencies to use regional priorities for community and economic development in consideration of project funding decisions made in connection with grant, loan or incentive programs. Status: 3/12/14 S - President signed. 3/11/14 H - Speaker signed. 3/6/14 S - Johnson, Winters declared potential conflict of interest. 3/6/14 S - Third reading. Carried by Hansell. Passed. Ayes, 30. 3/5/14 S - Recommendation: Do pass the B-Eng. bill. 3/5/14 S - Second reading. 3/4/14 S - First reading. Referred to President's desk. 3/4/14 H - Second reading. 3/4/14 H - Rules suspended. Third reading. Carried by Read. Passed. Ayes, 57; Absent, 1--Cameron; Excused, 2--Berger, Weidner. 3/4/14 S - Referred to Ways and Means. 3/4/14 H - Potential conflict(s) of interest declared by Smith. 3/3/14 H - Recommendation: Do pass with amendments and be printed B-Engrossed. 3/3/14 H - Work Session held. 2/27/14 H - Returned to Full Committee. 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 5 2/27/14 H - Work Session held. 2/25/14 H - Public Hearing held. 2/17/14 H - Assigned to Subcommittee On Transportation and Economic Development. 2/14/14 H - Referred to Ways and Means by order of Speaker. 2/14/14 H - Recommendation: Do pass with amendments, be printed A-Engrossed, and be referred to Ways and Means. 2/13/14 H - Work Session held. 2/11/14 H - Public Hearing held. 2/6/14 H - Public Hearing and Possible Work Session cancelled. 2/3/14 H - Referred to Rural Communities. 2/3/14 H - First reading. Referred to Speaker's desk. HB 4017A Position Priority Date Input Oppose 3 1/27/14Bill Info Summary:For purposes of litigation regarding local improvement district assessment or reassessment lien levied within certain dates by city, if owner or predecessor in interest objected to formation of district and assessment or reassessment was more than double real market value of property and exceeded real market value by more than $1.4 million, requires court to revise assessment or reassessment, if higher, down to dollar value of special benefit to property attributable to local improvement on date Status: 3/7/14 H - In committee upon adjournment. 2/14/14 H - Without recommendation as to passage, with amendments, be printed A-Engrossed, and be referred to Rules. 2/14/14 H - Referred to Rules by order of Speaker. 2/13/14 H - Work Session held. 2/11/14 H - Public Hearing held. 2/3/14 H - Referred to Rural Communities. 2/3/14 H - First reading. Referred to Speaker's desk. HB 4024 Position Priority Date Input No Position 3 1/27/14Bill Info Summary:Authorizes Bureau of Labor and Industries to adopt rules to implement provisions of statute requiring public employer to interview each veteran who applies for civil service position or eligibility list, if veteran has skills from military education or experience that substantially relate to civil service position. Status: 3/7/14 H - In committee upon adjournment. 2/27/14 H - Motion to withdraw from Veterans' Services and Emergency Preparedness failed. Ayes, 29; Nays, 31--Bailey, Barker, Barnhart, Barton, Boone, Buckley, Clem, Doherty, Frederick, Gelser, Gomberg, Greenlick, Harker, Holvey, Hoyle, Keny-Guyer, Komp, Lininger, Lively, Matthews, McKeown, Nathanson, Read, Reardon, Smith Warner, Tomei, Unger, Vega Pederson, Williamson, Witt, Speaker Kotek. 2/3/14 H - Referred to Veterans' Services and Emergency Preparedness. 2/3/14 H - First reading. Referred to Speaker's desk. HB 4037 Position Priority Date Input Support 3 1/27/14Bill Info 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 6 Summary:Authorizes county sheriff to designate county juvenile department or Oregon Youth Authority to provide direct transfer of juvenile offenders to youth correction facility as part of agreement with Department of Corrections or supervisory authority of county. Status: 3/18/14 H - Chapter 31, (2014 Laws): Effective date March 6, 2014. 3/6/14 H - Governor signed. 2/27/14 S - President signed. 2/26/14 H - Speaker signed. 2/24/14 S - Third reading. Carried by Prozanski. Passed. Ayes, 30. 2/21/14 S - Recommendation: Do pass. 2/21/14 S - Second reading. 2/20/14 S - Public Hearing and Work Session held. 2/17/14 S - First reading. Referred to President's desk. 2/17/14 S - Referred to Judiciary. 2/14/14 H - Rules suspended. Third reading. Carried by Barton. Passed. Ayes, 58; Excused, 2--Hanna, Richardson. 2/14/14 H - Second reading. 2/13/14 H - Recommendation: Do pass. 2/11/14 H - Work Session held. 2/6/14 H - Public Hearing held. 2/3/14 H - First reading. Referred to Speaker's desk. 2/3/14 H - Referred to Judiciary. HB 4039A Position Priority Date Input Neutral 3 2/5/14Bill Info Summary:Provides exemption from ad valorem property taxation for property of nonprofit corporation that, for tax year beginning on July 1, 2012, was actually offered, occupied or used as low-income housing and granted exemption by county. Status: 3/18/14 H - Chapter 7, (2014 Laws): Effective date June 6, 2014. 3/3/14 H - Governor signed. 2/25/14 H - Speaker signed. 2/25/14 S - President signed. 2/21/14 S - Third reading. Carried by Baertschiger Jr. Passed. Ayes, 27; excused, 3--Beyer, Olsen, Winters. 2/20/14 S - Second reading. 2/20/14 S - Recommendation: Do pass. 2/19/14 S - Public Hearing and Work Session held. 2/14/14 S - Referred to Finance and Revenue. 2/14/14 S - First reading. Referred to President's desk. 2/14/14 H - Third reading. Carried by Berger. Passed. Ayes, 56; Excused, 3--Conger, Hanna, Richardson; Excused for Business of the House, 1--Speaker Kotek. 2/13/14 H - Recommendation: Do pass with amendments and be printed A-Engrossed. 2/13/14 H - Second reading. 2/11/14 H - Work Session held. 2/5/14 H - Public Hearing held. 2/3/14 H - First reading. Referred to Speaker's desk. 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 7 2/3/14 H - Referred to Revenue. HB 4055A Position Priority Date Input Support 3 1/27/14Bill Info Summary:Establishes procedures for collecting emergency communications tax on prepaid wireless telecommunications service and interconnected Voice over Internet Protocol service. Status: 3/18/14 H - Chapter 59, (2014 Laws): Effective date June 6, 2014. 3/13/14 H - Governor signed. 3/4/14 S - President signed. 3/4/14 H - Speaker signed. 2/28/14 S - Third reading. Carried by Burdick. Passed. Ayes, 30. 2/27/14 S - Second reading. 2/27/14 S - Recommendation: Do pass the A-Eng. bill. 2/26/14 S - Public Hearing and Work Session held. 2/24/14 S - Referred to Finance and Revenue. 2/24/14 S - First reading. Referred to President's desk. 2/21/14 H - Second reading. 2/21/14 H - Rules suspended. Third reading. Carried by Berger. Passed. Ayes, 56; Nays, 1--Hicks; Absent, 1--Unger; Excused, 2--Davis, Esquivel. 2/20/14 H - Recommendation: Do pass with amendments and be printed A-Engrossed. 2/20/14 H - Work Session held. 2/4/14 H - Public Hearing held. 2/3/14 H - First reading. Referred to Speaker's desk. 2/3/14 H - Referred to Revenue. HB 4080 Position Priority Date Input Support 3 1/27/14Bill Info Summary:Establishes procedures for collecting emergency communications tax imposed on consumers of prepaid wireless telecommunications service. Status: 3/7/14 H - In committee upon adjournment. 2/4/14 H - Public Hearing held. 2/3/14 H - Referred to Revenue with subsequent referral to Ways and Means. 2/3/14 H - First reading. Referred to Speaker's desk. HB 4089 Position Priority Date Input Support 3 1/27/14Bill Info Summary:Limits length of incarceration court may impose when certain probationary sentences are revoked for reasons other than commission of new crime. Status: 3/7/14 H - In committee upon adjournment. 2/11/14 H - Public Hearing held. 2/3/14 H - Referred to Judiciary. 2/3/14 H - First reading. Referred to Speaker's desk. HB 4099 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 8 Position Priority Date Input Neutral 3 2/4/14 Bill Info Summary:Directs Department of Justice to conduct study on laws of this state that would need to be amended if people of this state vote to legalize marijuana at next regular general election held throughout this state. Status: 3/7/14 H - In committee upon adjournment. 2/24/14 H - Public Hearing held. 2/17/14 H - Assigned to Subcommittee On Public Safety. 2/12/14 H - Recommendation: Do pass and be referred to Ways and Means by prior reference. 2/12/14 H - Referred to Ways and Means by prior reference. 2/5/14 H - Public Hearing and Work Session held. 2/3/14 H - Referred to Judiciary with subsequent referral to Ways and Means. 2/3/14 H - First reading. Referred to Speaker's desk. HB 4106 Position Priority Date Input Neutral 3 1/27/14Bill Info Summary:Exempts from property taxation real and personal property of history museum, natural history museum or science museum that is land on which museum is situated or that is used in conjunction with public displays, used to educate public, used to sell goods related to displays or educational purpose of museum, used to sell goods and services providing refreshment to public while visiting museum or used as theater for presentations about history or science. Status: 3/7/14 H - In committee upon adjournment. 2/6/14 H - Public Hearing held. 2/3/14 H - First reading. Referred to Speaker's desk. 2/3/14 H - Referred to Revenue. HB 4112 Position Priority Date Input Oppose 3 1/27/14Bill Info Summary:Requires tax collector of county in which real property is located to assign property tax lien to assignee if tax collector receives written authorization from property owner and payment of taxes and fee from assignee. Status: 3/7/14 H - In committee upon adjournment. 2/3/14 H - First reading. Referred to Speaker's desk. 2/3/14 H - Referred to Revenue. HB 4119 Position Priority Date Input Oppose 3 1/27/14Bill Info Summary:Permits contracting agency to solicit or use pricing policies or proposals or other pricing information to determine compensation for consultant providing certain services only after contracting agency has selected candidate and before entering into contract with consultant. Status: 3/7/14 H - In committee upon adjournment. 2/14/14 H - Motion to refer to Rules carried. Referred. 2/14/14 H - Third reading. Carried by Hoyle. 2/13/14 H - Rules suspended. Carried over to February 14, 2014 Calendar. 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 9 2/12/14 H - Second reading. 2/11/14 H - Recommendation: Do pass. 2/10/14 H - Work Session held. 2/7/14 H - Work Session cancelled. 2/5/14 H - Public Hearing held. 2/3/14 H - Referred to Business and Labor. 2/3/14 H - First reading. Referred to Speaker's desk. HB 4122A Position Priority Date Input Oppose 3 1/27/14Bill Info Summary:Requires state contracting agency or public corporation that implements information technology initiative to obtain, in separate procurement, quality management services from qualified contractor if value of information technology initiative exceeds $5 million or meets certain other criteria. Status: 3/19/14 H - Governor signed. 3/7/14 H - Speaker signed. 3/7/14 S - President signed. 3/5/14 H - House concurred in Senate amendments and repassed bill. Ayes, 41; Nays, 16--Bentz, Davis, Esquivel, Freeman, Gilliam, Hanna, Hicks, Jenson, Krieger, McLane, Olson, Parrish, Sprenger, Thompson, Whisnant, Whitsett; Excused, 3--Berger, Conger, Weidner. 3/4/14 S - Third reading. Carried by Beyer. Passed. Ayes, 25; nays, 5--Baertschiger Jr, George, Girod, Kruse, Whitsett. 3/3/14 S - Second reading. 2/28/14 S - Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.) 2/27/14 S - Public Hearing and Work Session held. 2/19/14 S - Referred to Rules. 2/18/14 S - First reading. Referred to President's desk. 2/17/14 H - Third reading. Carried by Nathanson. Passed. Ayes, 40; Nays, 18--Bentz, Berger, Conger, Davis, Esquivel, Hanna, Jenson, Kennemer, Krieger, McLane, Olson, Parrish, Richardson, Sprenger, Thompson, Weidner, Whisnant, Whitsett; Excused, 2--Hicks, Tomei. 2/14/14 H - Second reading. 2/14/14 H - Recommendation: Do pass with amendments and be printed A-Engrossed. 2/13/14 H - Work Session held. 2/6/14 H - Public Hearing held. 2/3/14 H - First reading. Referred to Speaker's desk. 2/3/14 H - Referred to Consumer Protection and Government Efficiency. HB 4144 Position Priority Date Input Support 3 1/27/14Bill Info Summary:Establishes Oregon Investment Department as public investment agency to be supervised by director appointed by Oregon Investment Council. Status: 3/7/14 H - Second reading. 3/6/14 H - Work Session held. 3/6/14 H - Recommendation: Do pass with amendments and be printed A-Engrossed. 3/5/14 H - Work Session held. 3/5/14 H - Returned to Full Committee. 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 10 3/5/14 H - Work Session held. 3/4/14 H - Public Hearing held. 3/3/14 H - Assigned to Subcommittee On Capital Construction. 2/18/14 H - Referred to Ways and Means by prior reference. 2/18/14 H - Recommendation: Do pass and be referred to Ways and Means by prior reference. 2/17/14 H - Public Hearing and Work Session held. 2/3/14 H - Referred to Rules with subsequent referral to Ways and Means. 2/3/14 H - First reading. Referred to Speaker's desk. HB 4155 Position Priority Date Input Support 3 2/12/14Bill Info Summary:Authorizes Public Employees Retirement Board to establish procedures for recovering administrative costs from participating public employers for providing to those employers information or services needed to report in compliance with generally accepted accounting principles. Status: 3/6/14 S - President signed. 3/6/14 H - Speaker signed. 3/3/14 S - Third reading. Carried by Starr. Passed. Ayes, 28; excused, 2--Baertschiger Jr, Winters. 2/28/14 S - Second reading. 2/28/14 S - Recommendation: Do pass. 2/27/14 S - Public Hearing and Work Session held. 2/24/14 S - First reading. Referred to President's desk. 2/24/14 S - Referred to Rules. 2/21/14 H - Rules suspended. Third reading. Carried by Berger. Passed. Ayes, 57; Absent, 1--Thompson; Excused, 2--Davis, Esquivel. 2/20/14 H - Second reading. 2/20/14 H - Recommendation: Do pass. 2/19/14 H - Public Hearing and Work Session held. 2/12/14 H - Referred to Rules. 2/10/14 H - First reading. Referred to Speaker's desk. SB 1501 Position Priority Date Input Support 3 1/27/14Bill Info Summary:Exempts energy savings performance contracts, under certain circumstances, from requirement to use competitive bidding process to award public improvement contracts. Status: 3/7/14 S - In committee upon adjournment. 2/6/14 S - Possible Work Session cancelled. 2/3/14 S - Referred to Business and Transportation. 2/3/14 S - Introduction and first reading. Referred to President's desk. SB 1513A Position Priority Date Input Support 3 1/27/14Bill Info Summary:Makes cost assistance available for reforestation of small forestland following loss from catastrophic fire event. Status: 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 11 3/7/14 S - In committee upon adjournment. 2/12/14 S - Referred to Ways and Means by prior reference. 2/12/14 S - Recommendation: Do pass with amendments and be referred to Ways and Means by prior reference. (Printed A-Eng.) 2/11/14 S - Public Hearing and Work Session held. 2/6/14 S - Possible Work Session cancelled. 2/3/14 S - Introduction and first reading. Referred to President's desk. 2/3/14 S - Referred to Rural Communities and Economic Development, then Ways and Means. SB 1518 Position Priority Date Input Neutral 3 1/27/14Bill Info Summary:Modifies definition of &quot;supervisory employee&quot; for purposes of public employee collective bargaining law. Status: 3/10/14 S - Effective date, March 3, 2014. 3/10/14 S - Chapter 15, 2014 Laws. 3/3/14 S - Governor signed. 2/24/14 S - President signed. 2/24/14 H - Speaker signed. 2/21/14 H - Third reading. Carried by Matthews, Doherty. Passed. Ayes, 54; Nays, 3--Bentz, Huffman, Whitsett; Excused, 2--Davis, Esquivel; Excused for Business of the House, 1--Thatcher. 2/20/14 H - Second reading. 2/20/14 H - Recommendation: Do pass. 2/19/14 H - Public Hearing and Work Session held. 2/14/14 S - Recommendation: Do pass. 2/14/14 S - Second reading. 2/14/14 S - Rules suspended. Third reading. Carried by Beyer. Passed. Ayes, 18; nays, 12--Baertschiger Jr, Boquist, Close, Ferrioli, George, Girod, Hansell, Knopp, Kruse, Olsen, Thomsen, Whitsett. 2/14/14 H - First reading. Referred to Speaker's desk. 2/14/14 H - Referred to Business and Labor. 2/14/14 S - Motion to refer to Rules with the recommendation to adopt the -1 amendment failed. Ayes, 14; nays, 16--Bates, Beyer, Burdick, Dembrow, Devlin, Edwards, Hass, Johnson, Monnes Anderson, Monroe, Prozanski, Roblan, Rosenbaum, Shields, Steiner Hayward, President Courtney. 2/12/14 S - Work Session held. 2/5/14 S - Public Hearing held. 2/3/14 S - Referred to General Government, Consumer and Small Business Protection. 2/3/14 S - Introduction and first reading. Referred to President's desk. SB 1531A Position Priority Date Input No Position 3 1/27/14Bill Info Summary:Specifies that governing body of city or county may adopt ordinances that impose reasonable regulations on operation of medical marijuana facilities. Status: 3/20/14 S - Effective date, March 19, 2014. 3/20/14 S - Chapter 79, 2014 Laws. 3/19/14 S - Governor signed. 3/11/14 S - President signed. 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 12 3/11/14 H - Speaker signed. 3/7/14 S - Senate concurred in House amendments and repassed bill. Ayes, 28; nays, 2--Dembrow, Shields. 3/5/14 H - Minority Recommendation: Do pass. 3/5/14 H - In absence of motion to substitute Minority Report for Committee Report, bill advanced to third reading by order of Presiding Officer. 3/5/14 H - Vote explanation(s) filed by Buckley, Holvey, Keny-Guyer. 3/5/14 H - Read. Carried by Clem. Passed. Ayes, 51; Nays, 6--Bentz, Greenlick, Hanna, Holvey, Smith, Thompson; Excused, 3--Berger, Conger, Weidner. 3/5/14 H - Recommendation: Do pass with amendments and be printed C-Engrossed. 3/4/14 H - Read. Carried by Olson. 3/4/14 H - Motion to refer to Rules carried. Referred. Ayes, 30; Nays, 28--Barker, Bentz, Cameron, Conger, Davis, Esquivel, Freeman, Gilliam, Gorsek, Hanna, Hicks, Huffman, Jenson, Johnson, Kennemer, Krieger, Matthews, McLane, Olson, Parrish, Richardson, Smith, Sprenger, Thatcher, Thompson, Whisnant, Whitsett, Witt; Excused, 2--Berger, Weidner. 3/4/14 H - Work Session held. 3/3/14 H - Third reading. Carried by Olson. 3/3/14 H - Motion to make Special Order of Business on Tuesday, March 4, 2014 adopted. Ayes, 31; Nays, 27--Barker, Bentz, Cameron, Conger, Davis, Esquivel, Freeman, Gilliam, Gorsek, Hanna, Hicks, Huffman, Jenson, Johnson, Kennemer, Krieger, Matthews, McLane, Olson, Parrish, Richardson, Smith, Sprenger, Thatcher, Thompson, Whisnant, Whitsett; Excused, 2--Berger, Weidner. 2/28/14 H - Rules suspended. Carried over to March 3, 2014 Calendar. 2/27/14 H - Second reading. 2/26/14 H - Recommendation: Do pass with amendments and be printed B-Engrossed. 2/24/14 H - Public Hearing and Work Session held. 2/19/14 H - First reading. Referred to Speaker's desk. 2/19/14 H - Referred to Judiciary. 2/18/14 S - Third reading. Carried by Hansell, Monroe. Passed. Ayes, 30. 2/17/14 S - Second reading. 2/14/14 S - Recommendation: Do pass with amendments. (Printed A-Eng.) 2/13/14 S - Work Session held. 2/11/14 S - Public Hearing held. 2/3/14 S - Introduction and first reading. Referred to President's desk. 2/3/14 S - Referred to Judiciary. SB 1543 Position Priority Date Input Neutral 3 1/27/14Bill Info Summary:Makes reduction of hours worked by full-time employee for sole purpose of preventing employee&#39;s eligibility for coverage under Patient Protection and Affordable Care Act unlawful employment practice. Status: 3/7/14 S - In committee upon adjournment. 2/11/14 S - Public Hearing held. 2/3/14 S - Introduction and first reading. Referred to President's desk. 2/3/14 S - Referred to Health Care and Human Services. SB 1547 Position Priority Date Input Neutral 3 1/27/14Bill Info 3/24/2014 2:27:51 PM Public Affairs Counsel 2014 Regular Session Bill Summary Report 13 Summary:Authorizes county governing bodies and small business employers to enter into agreements for reimbursement of portion of wages paid to youth employees. Status: 3/7/14 S - In committee upon adjournment. 2/11/14 S - Public Hearing held. 2/3/14 S - Introduction and first reading. Referred to President's desk. 2/3/14 S - Referred to Business and Transportation, then Ways and Means. SB 1575 Position Priority Date Input Neutral 3 1/28/14Bill Info Summary:Allows establishment in forest zone or mixed farm and forest zone of facility for utilizing raw logs. Status: 3/7/14 S - In committee upon adjournment. 2/13/14 S - Public Hearing held. 2/3/14 S - Referred to Rural Communities and Economic Development. 2/3/14 S - Introduction and first reading. Referred to President's desk. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Community Development Department Planning Division Building Safety Division Environmental Soils Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 MEMORANDUM (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director DATE: March 26, 2014 RE: Fee Waiver Request -John Shepherd Background The purpose of this work session is to consider a Fee Waiver Request from John Shepherd. The request is to waive all fees in the amount of $8,455 for a Conditional Use Permit (CUP) in the amount of $2,320, Site Plan Review in the amount of $3,135, and Hearings Officer deposit of $3,000 for a private park on his property at 71120 Holmes Road, Sisters, OR. Mr. Shepherd states the reason for the "public benefit" and "other remedies have been exhausted.» Please find his letter attached. In addition, his attorney, Dave Hunnicut, President of Oregonians in Action, wrote in an email dated March 18,2014 the following: Nick: In support of John Shepherd's fee waiver request, I would point out that resolution of the main issue in this case has statewide implications and will likely be appealed by the losing party to LUBA. It would be a benefit to all Deschutes County residents with an interest in this issue (from whatever perspective) to have this issue resolved, so that property owners and environmental groups will know whether or not weddings will be allowed as an activity in a "private park," and if so, under what limitations that activity may occur. Mr. Shepherd has already paid the county a substantial fee, the primary issue has already been litigated to the County Hearings Officer, and she has already rendered a decision on the primary issue. In Mr. Shepherd's previous application, there did not seem to be significant disputes over the facts, and there were only three parties involved, as I recall. The Hearings Officer's decision was thorough, and laid out a roadmap for a successful private park application. Whether the Board agrees with that decision or not is certainly unknown, but repeating the same steps to the Hearings Officer on a similar application which will likely involve the same parties raising the same issues to substantially similar facts seems like a waste of everyone's time and resources, including County staff, the applicant, and the opponents. Moving the case directly to the Board for resolution of an issue that will have great Significance to the County and possibly statewide is prudent, and I hope that the Board will consider dOing so. Dave Hunnicutt President Oregonians In Action Quality Services Performed with Pride In 2013, Mr. Shepherd also requested a fee waiver for the same reasons, and the Board denied the request. Mr. Shepherd subsequently applied for a CUP for a private park on his property in late spring 2013. He modified his application in summer 2013. A County Hearings Officer denied the application in December 2013. The decision was not appealed. Staff is available to discuss the issues raised by Mr. Shepherd in his letter regarding that process. The decision is attached. Discussion In consideration of Mr. Shepherd's fee waiver request, staff notes the following: (1) Mr. Shepherd still has a balance due in the amount of $750 from his previous application. (2) There is a pending code enforcement case on Mr. Shepherd's property for an unpermitted church. A church requires a land use permit and must comply with commercial building and access standards. Mr. Shepherd has stated publicly before the County Hearings Officer and in writing via email that he is using his house to hold church services. (3) In 2013, the County put code enforcement in abeyance through September 30,2013 while Mr. Shepherd pursued permits. Mr. Shepherd also agreed in writing to not conduct any weddings after that date, including summer 2014, unless necessary permits were obtained. CDD and Legal Counsel have on file contracts for commercial weddings for summer 2014 (most weekends) submitted by Mr. Shepherd. One question is whether Mr. Shepherd will honor this agreement with Deschutes County? If Mr. Shepherd were to submit his land use applications immediately, it does not appear possible a final decision could be issued prior to the start of wedding season due to public hearing and notification requirements, and not including time for appeals, if necessary. CDD staff has been contacted by several parties over the past few weeks inquiring about the status of permits for weddings on Mr. Shepherd's property this summer. (4) While staff agrees with Mr. Hunnicutt that the Hearings Officer "rendered a decision on the primary issue" of weddings, this decision is not binding on the Board and has not been tested at LUBA. There are a number of complicated and potentially significant issues to be addressed in the Site Plan Review, including the Wildlife Area Overlay Zone. In addition, the County's Procedures Ordinance cannot also be waived by "moving the case directly to the Board for resolution." Planning and Legal staff believe a public hearing before a Hearings Officer is both required and necessary. Requested Board Action Staff seeks a Board decision to: (1) Approve the blanket fee waiver in the amount of approximately $8,455 and find that the action is in the public benefit, per the fee waiver policy; or (2) Approve a partial fee waiver (an amount less than $8,455) and find that the action is in the public benefit, per the fee waiver policy; or (3) Deny the fee waiver request; or (4) Conduct another work session on this request (this action may include directing staff to provide additional information). -2­ I am hereby applying for a fee waiver for my CUP application for a private park. The fee waiver application states: The Board of County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted. I believe I qualify for a waiver under the circumstances stated above for the following reasons: 1. Other remedies have been exhausted. a. I have been pursuing the legal options for a wedding venue for four years. b. After the Commission allowed wedding venues under agritourism, I submitted an application only to be told that it was "virtually impossible" to qualify. c. Following CDD's advice, I submitted a CUP application for a private park, paying the full amount. When Kevin Harrison, principal planner, raised the objection that wedding events were not recreational, and thus should not, in and of themselves, qualify for a private park, I spent another $880 to submit a revised CUP application with an expanded park to address that concern. d. Furthermore, Kevin Harrison told me that I could postpone the expensive Site Plan Review until a CUP decision was reached. Ultimately, the Hearings Officer rejected my application largely because of issues that would have been resolved in Site Plan Review. e. Finally, Harrison's "threshold" objection that a wedding event is not recreational and thus not suitable to a private park was overturned by the HO who agreed with us that wedding events are recreational and suitable for a private park. f. Last year, I paid Deschutes County $8,500 for permits, fines and fees, just related to this application. Compare that to my entire 2013 income from substitute teaching of $11,071. 2. The public benefit is served. a. The public benefit is served in that this CUP application will set legal precedent and thus further clarify a legal issue that has been simmering in Deschutes County for years. b. Furthermore, the public is served because countless brides will have an affordable and private venue in which they may marry. c. This venue will allow me to generate a modest income on EFU land that is mis­ designated as "farm land" since the soil is considered "waste land" and it has never been irrigated or cultivated. d. The citizens of Deschutes County will benefit by the economic activity generated by 18 weddings per year, many of them destination weddings. Calculating the average amount spent on each wedding ($26,000) and the amount spent by each visitor to Deschutes County, I estimate that my venue will generate $1.25 million in local economic activity. Thereby, having paid this fee once already, I respectfully request a waiver of the CUP application fee. John Shepherd 71120 Holmes Road Sisters OR 97759 FEE WAIVER POLICY Effective January 4, 2006, the Deschutes County Board of Commissioners approved Ordinance Nos. 2006-001, 2006-002 and 2006-003, delegating authority to administer and approve septic permit, building permit, and land use permit fee waiver requests to the Community Development Director and County Administrator (DDC 13.08, 15.04.160 and 22.08.010). The Board of County Commissioners of Deschutes County has delegated full authority to the Community Development Department (CDD) Director to administer this policy, with the exception of Items #7 and #8. POLICY GUIDELINES: 1. Fee waivers under this policy provide a public benefit. 2. With the adoption of this policy and continuing with each budget, an amount not to exceed $5,000 shall be set aside into a hardship account within the CDD budget from any savings of budgeted expenses or excess revenue. 3. When money is available in the hardship account of CDD, the CDD Director may authorize fee waivers in amounts not to exceed the fee waiver budget each year. 4. The CDD Director shall find an applicant meets one of the following criteria in granting fee waivers: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached as Exhibit “A.” 1. There is an immediate need of the services of the Community Development Department to protect the applicant’s or the public’s health or safety. 2. Granting the waiver will create a long-term efficiency of a Code Enforcement issue. B. The request is from a nonprofit organization that has encountered an extraordinary hardship that could not have been anticipated in planning for and funding of the project, and the fee waiver will benefit the community. (NOTE: Community Service may be required by the CDD Director for some or all of the waived fees.) 5. Fee Waiver requests covered above shall be submitted on a form provided by CDD. Applicant shall provide a written explanation of the request and explain why one or more of the above criteria are satisfied. The request will be delivered to the CDD Director for review and decision. Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 2 6. The applicant may appeal the CDD Director’s decision to the Deschutes County Administrator. The applicant may appeal the Deschutes County Administrator’s decision to the Board of County Commissioners. 7. The Board of County Commissioners may issue blanket fee waivers, subject to the above criterion, for classes of hardship such as catastrophic fire. 8. The Board of County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted. FINANCIAL HARDSHIP Some property owners or other responsible persons who lack the financial ability to obtain permits and approvals to pay fees established by the County for Community Development Services may receive relief. The procedure for establishing financial hardships is set forth below: Procedure: In cases where the applicant appears to have insufficient resources to pay fees, the applicant may apply to qualify for financial or other assistance within available resources and under the following procedures. 1. Criteria for Indigency To qualify for assistance under this section, the applicant or other responsible person must demonstrate a substantial financial hardship that makes paying the required fees impractical. 2. Fee Reduction/Waiver An applicant may apply for a reduction or waiver of CDD development fees for permits. The decision to reduce or waive development fees will be made by the CDD Director, considering the following factors: A. The degree of the applicant’s indigency; B. The cost of the development permit(s) or approval(s) required; C. Funds available for fee reductions/waivers in CDD’s budget or in any other available funds; and D. Other assistance available in the community. 3. Community Service in Lieu of Fees Upon a finding of indigency, the CDD Director may order community service at the rate of $10.00 per hour in lieu of some or all waived fees. A period of time shall be established in which the community service shall be completed. Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 7 FEE WAIVER REQUEST FORM Name of Individual/Organization: Address: City/State/Zip: Phone: (____) Type of Permit and Fees: [ ] Building $ [ ] Planning $ [ ] Subsurface Sewage $ [ ] Other: $ Total amount of fee(s) requested to be waived: $______________________________________ The applicant shall provide a written explanation of the request and explain why one or more of the criteria below are satisfied. The request will be reviewed by the Community Development Director and a response will be provided within ten (10) business days. Criteria that must be met to qualify for a Fee Waiver: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached (refer to Affidavit of Indigence and Request for Fee Waiver form). 1. There is an immediate need of the Community Development Department’s services to protect the applicant’s or public’s health or safety. 2. Granting the fee waiver will create a long-term efficiency for a Code Enforcement issue . B. The request is from a nonprofit organization that has encountered an extraordinary hardship which could not have been anticipated in planning for and funding of the project; and the fee waiver will benefit the community. (NOTE: The Community Development Director may require performance of community services for some or all of the waived fees.) Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 3 AFFIDAVIT OF INDIGENCE AND REQUEST FOR FEE WAIVER This information is submitted in confidence and is not subject to public disclosure (ORS 192.502(2). APPLICANT’S NAME: I, the undersigned, am requesting a waiver of Deschutes County Fees for Community Development Services because I cannot pay at this time without causing substantial hardship to myself and/or my dependent family. The following information is true to the best of my knowledge and belief. I ask the CDD Director to use the information to decide whether I may receive a fee waiver at public expense. I understand I may be required to document or verify this information. 1. PERSONAL Name (print): ___________________________________________ Phone: (____) Residence Address: City/State/Zip: Mailing Address (if different): City/State/Zip: Date of Birth: ___________________ Social Security No. _______-_______-______ [ ] Male [ ] Female Mo/Day/Year Marital Status: [ ] Married [ ] Single [ ] Divorced [ ] Separated [ ]Widowed [ ]Other: Complete the following information for everyone living in your household: Name Relationship Age Monthly Income **Staff Use Only** Description of fees to be waived: Est. Amount: $ Fee Waiver Approved: [ ] Yes [ ] No ____/____/____ Director, Community Development Dept. Date Comments: Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 4 2. EMPLOYMENT AND INCOME Present Employer___________________________ How Long ______ Occupation Address: City/State/Zip: Phone: (____) Hourly wage $___________ Average Hrs./Week: _____________ Net (after tax) monthly income: If unemployed, how long since you were employed: ______________ Previous Employer: How Long: Occupation: Address Phone ( ____ ) Spouse’s Employer: How Long: Occupation: Address Phone ( ____ ) Hourly Wage $___________ Average Hrs./Week: _____________ Net (after tax) monthly income: If unemployed, how long since spouse was employed: ______________ Other income for you and spouse, dependents or household members (example: Social Security, unemployment, retirement, public assistance, child support, worker’s compensation, disability, etc.) Source of Income (Describe) Amount How Long Received How Often Received Other household members who help pay for your living expenses: Name Amount Payment for What Describe 3. PROPERTY AND ASSETS OWNED BY YOU, SPOUSE AND DEPENDENTS Cash Available: ______________________________ Savings Acc’t. No: Balance: $ Bank/Branch Office: Checking Acc’t. No: Balance: $ Bank/Branch Office: Other Acc’t. No: Balance: $ Bank/Branch Office: Real Estate: Address, City Value Amount Owed Equity Payments Made Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 5 Credit Card Name/Bank Account Number Expiration Date Motor Vehicle Make/Year Value Amount Owed Equity Payments Made Are any of these motor vehicles used for work (other than driving to and from work)? [ ] Yes [ ] No All other property or assets (example: furniture, boats, guns, jewelry, tools, etc.): Description Value Description Value Money owed to you or spouse by others (example, tax refund, trust, judgment, etc.): Name of Debtor Amount Owed Date Payment Expected 4. MONTHLY EXPENSES List all expenses that are paid monthly by you, individually, or by you, jointly with spouse: Rent/Mortgage: $ Utilities: $ Credit Card: $ Car: $ Insurance: $ Medical: $ Child Support $ Court Order: $ Other: $ [ ] I am willing to perform Community Service to offset the public cost of my request. [ ] I unable to perform Community Service for the following reasons: I certify that the above information is true and correct to the best of my knowledge and belief. Applicant Signature Date Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 6 RELEASE TO OBTAIN INFORMATION FOR VERIFICATION (CONFIDENTIAL) APPLICANT’S NAME: I understand that the County may verify my employment and financial situation to determine my eligibility for a fee waiver. I understand that some of the information necessary for this verification is contained in records that are protected under federal and state laws. I have therefore signed this release which allows public and private organizations and individuals to provide the County or its designee with requested information. I understand that organizations and individuals which may be contacted include but are not limited to: Social Security Administration State Department of Revenue Mortgage Holder Department of Motor Vehicles Employment Division(s) Utility Companies Worker’s Compensation Disability Provider Adult and Family Services Division Landlords Private Disability Insurance Provider Private Life Insurance Provider Past Employers Release Assistance Office Credit Card Holders Credit Bureaus Schools and Colleges Banks, Savings & Loans, Credit Unions (requesting savings, stocks, bonds, checking, loan and credit information including copies of applications) Other:__________________ By signing this release, I specifically authorize the County or its designee to directly contact my current employer by telephone or in writing, and to release and utilize my address as needed by the Board of County Commissioners or its designee. Applicant Signature Date venue ad renewal John Shepherd <shepherdsfteld@gmail.com> Thu, Mar 20, 2014 at 7:45 PM To: Phil Wise <info@centraloregonweddings.com> Hey Phil, How are you? I bet life is heating up as the summer wedding season comes along. Say, I haW! a fa\()rto ask. Due to the pressure from Oregon Land Watch and the County's current objection to my wedding wnue, I haw stopped taking any new reservations until this is cleared up. It is hard to keep turning brides down and bringing such disappointment to them. Could you please take my ad\ertisement down from Central Oregon Weddlngs.com until this is resol.\ed? You are the only place I ad\eftise, so this should end any further inqUiries. rm still working hard to clear the legal hurtles and hope to be up and running again soon. Please conftnn. Thanks, John Shepherd Shepherdsfield [Quoted text hidden] f t ,f i Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, MARCH 26, 2014 1. Legislative Wrap Up -Judith Ure 2. Request for Fee Waiver (John Shepherd) -Nick Lelack 3. Other Items Executive Session, under ORS 192.660(2)(h), pending or threatened litigation­ County Counsel PLEASE NOTE: At any time during this 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 I 92.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues; or other issues under ORS \92.660(2), executive session. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board ofCommissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572. 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, please call (541) 388-6571, or send an e-mail to bonnie.baker@deschutes.org.