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HomeMy WebLinkAbout2015-02-04 Work Session Minutes Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 1 of 12 Pages For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, FEBRUARY 4, 2015 ___________________________ Present were Commissioners Anthony DeBone and Alan Unger; Commissioner Tammy Baney was out of the office. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Dave Doyle, County Counsel; and, for a portion of the meeting, Chris Doty and George Kolb, Road Department; Nick Lelack, Peter Russell, Peter Gutowsky, Todd Cleveland and Matt Martin, Community Development; Laurie Smith, Risk Management; Steve Reinke, 911; and seven other citizens. Chair DeBone opened the meeting at 1:30 p.m. ___________________________ 1. Discussion of a License for a Bike Aid Station in a Right-of-Way. George Kolb explained that a bike aid station was installed in a right-of-way by a resident, off the scenic bike route. It includes a pump and a structure to put a bike on. The Bicycle/Pedestrian Advisory Committee is excited about it, but a license is required for anything to be in the right -of-way. There needs to be some control over where they are installed and what they include. They revised a form to include this kind of improvement. The person signing the license is responsible for upkeep. It has to be adjacent to their property as well. If that person moves, the license would be void. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 2 of 12 Pages In the event of an accident, liability could be an issue. He would like to remove this requirement. The concept is endorsed by the cycling community and supported by Legal Counsel and Risk Management. Chair DeBone asked if this is altogether new. Mr. Kolb said they utilize licenses for other uses in the right-of-way already. David Doyle said that usually there is a liability issue if the person is doing the improvement for his/her own benefit. This benefits the public, and he feels it should fall under recreational immunity. There is always risk because there is no case law for this specific type of license. Commissioner Unger stated that the road there does not have a lot of traffic and there is a decent clear zone. He is not very concerned about this since it is in a relatively safe location, no more intrusive than mailboxes. Chair DeBone would prefer it be as much out of the roadway as possible to not block other cyclists. He realizes the community supports this. Peter Russell said they proposed this to Visit Bend and ODOT, and neither wanted to be involved. Chris Doty said that having citizen ownership is a positive statement for cycling tourism and the bikeway. It is an asset and not a hazard. Mr. Anderson asked about other locations. Mr. Doty stated that they will look at each individually to assess any hazards. It has to be approved by the Road Department to start. The Commissioners supported County Administrator signature of this license agreement. 2. Discussion/Update on Technical Services Staff FTE Request. Steve Reinke stated that this has been discussed before, and he wanted to report back on their progress. They are ready to look at a couple of new staff. They would take care of system administration and the backlog of projects. What could happen is when the radio project evolves, they will transition employees into the new process and backfill their positions. For now, they need to address the backlog. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 3 of 12 Pages Commissioner Unger appreciates them moving forward. Mr. Anderson said this is part of the 911 strategic plan, and will spend into the reserves to do this. This will be discussed further in the budget cycle. It is all dependent on long - term financial stability of 911, which means increasing the levy and then pursuing stable funding. Mr. Reinke wants to deliver high-level service and this will help them keep it that way. ___________________________ As the Governing Body of the 911 County Service District: UNGER: Move approval of the FTE increase as explained. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. ___________________________ The Board then reconvened as Deschutes County. 3. Planning Division Update.  Planning Division Work Plan Update. Mr. Gutowsky said there are three potential text amendments. One, the Alfalfa Rural Fire Protection District, which is going through a lengthy due diligence process at this time. Another needing guidance pertains to medical marijuana. They can come up with this separately or with housekeeping amendments, based on State law. This would provide clarity. They can talk about the Planning Division’s prominent tasks as well. Most of this is long-range related. There are eighteen projects and six need more attention now. The agricultural lands program is one of them, along with the Central Oregon industrial lands process, Goal 11 exceptions, Sage Grouse and rulemaking, and the brownfields grant. Commissioner Unger would like to know the staff time needed for each. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 4 of 12 Pages Mr. Lelack spoke about agricultural lands. They need to clarify that the non - resource lands opportunity exists, as they decided with Newland. The Planning Commission supports this path. He spoke about amending combining zone to allow other housing opportunities. Now there is just a temporary dwelling for hardship reasons, for manufactured homes or RV’s, which is in direct opposition of the conventional housing combining zones that now exist in a couple of places. This needs to be changed to be consistent. Some embrace the change while others don’t. Third is whether to implement the Big Look bill. The LCDC sent a letter raising concerns about this; that reviewing five partially built subdivisions is adequate, and that this would not be in compliance. They want all lands, resource, non-resource and exception lands, included. It was very clear they wanted much more. John Anderson was engaged to find out more about the designation process. He was a chief planner in the late 70’s and early 80’s. He feels it was a very specific and painstaking evaluation. The State directed that areas be considered as resource lands even though there was some development there already. Mr. Lelack said they would develop a matrix with the possibilities and requirements. It would be a significant project if implemented. He hopes to present this in early March. Chair DeBone asked about Haner Park. Mr. Gutowsky stated that they asked John Anderson about this subdivision. He recalled that at that time, there were no real development patterns and the State wanted it as a resource land even though it was platted. Mr. Russell said the City of Bend completed their master plan update. They need to include the Airport and some adjacent lands. There used to have one zone at the airport, but they need three. Some things that are conditionally allowed now would then be allowed outright. There have been some complaints about growth, especially helicopters. Mr. Gutowsky said it is an FAA plan and they can dictate what is allowed. Erik Kropp said there was a meeting some time ago, and should be an updated plan eventually. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 5 of 12 Pages Mr. Gutowsky said they are not sure where the Alfalfa Rural Protection District will be for another month. There is a spirit of collabor ation so they can be effective. They want to table it for now and they are looking to alternatives to a text amendment. However, they don’t know if those will work out yet. The agricultural lands matrix and Alfalfa update can come back to the Board in 30 days. Mr. Gutowsky said they need some guidance regarding medical marijuana. Mr. Lelack said the ban ends on May 1. It affects mixed-use zones, agricultural zones and commercial. They could do a text amendment based on the zones. Standards in the law may change in the legislative session. They need to keep the zones in compliance with State law. The Planning Commission, public and Board can clarify the zones or what is allowed. They need to reflect what is required by law today. Chair DeBone said there are various bills out there and no one knows where they will go. Commissioner Unger stated that it is too bad the State can’t provide more guidance. The Commissioners want to put some resources towards this now. Mr. Anderson said they may put the ban out a couple of months to match up with the recreational marijuana issue. Mr. Doyle feels the County should wait as long as possible and adopt by emergency if needed later. Mr. Anderson asked if there is talk about a specific medical marijuana location coming up. Mr. Gutowsky said that most of it will revolve around the recreational part. He asked if they can start initiating housekeeping amendments while they have staff to handle it. There would be no surprises there, as it would need to be consistent with Administrative Rule. As they talk about the Big Look and agricultural bills, Commissioner Unger would like to see more discussions with LCDC. It is not in the County’s best interest to have to inventory the whole County when it is known already what is there. Mr. Lelack said LCDC could initiate Rulemaking. Mr. Russell said stakeholders met regarding code violations and land use applications. One camp says stop all; one says go forward if there is an emergency; another one says fix the problem; and another says to ignore it. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 6 of 12 Pages They did a matrix from several different counties, and much coalesces around what Multnomah and Jefferson counties do. CDD worked up a draft based on this, defining violations and what would allow them to move forward, and what is an emergency. They are revising this after some input, and hope they can all agree and present it to the Board. Mr. Lelack added that there is agreement on about 80% of it, with the stickler being prior conditions of approval. They may ask for the Board to clarify this aspect. The Central Oregon Builders’ Association and Realtors are mostly on board with how it is developing. Commissioner Unger asked if Redmond figured out how to address its capacity problem. Mr. Gutowsky said they will talk about setting aside 200 acres. Mr. Anderson said this will be discussed at the joint meeting next week. He has been asked by the State if the County is interested in a potential land swap for land adjacent to the airport. Sewer capacity needs to be addressed to go forward with the large industrial lot process. Regarding Goal 11, Chair DeBone stated they talked about a moratorium. He wanted to know if this is in place regarding nitrogen-reducing systems. Bob Baggett said they can’t call it a moratorium, which has a different meaning at the State. He is not in the loop and deferred to his supervisor. He knows there are questions on this. Chair DeBone asked if there was an expectation of a response from DEQ. Directors of agencies were there and it seemed that something would happen. Mr. Baggett said that they are focusing efforts on the exception process. It is a legal issue and complicated. Chair DeBone asked if the County has any authority to do this depending on milligrams, and a potential future problem. He may want to push back to make something happen. Commissioner Unger would like to have a path moving forward with more certainty. Then they can figure out how to get there. Chair DeBone stated there are places where groundwater is an issue, but other places where it isn’t, in his opinion. Commissioner Unger would like to push harder on the Goal exception process. Todd Cleveland said it is getting busy, with 69 septic permits in January in the rural areas. Chair DeBone said some of these may not have needed to be nitrate-reducing systems. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 7 of 12 Pages Mr. Russell said that they have had public outreach meetings and will have more regarding Goal 11. The draft burden is on DLCD and DEQ. They hope to have a new draft for March meetings, with outreach done maybe in May. Then a 30-day notice will come out for this to go before the Planning Commission. They are trying to get as much done as possible at the local level during the next few months. A traffic study will also be required. Chair DeBone said he has been asked by residents what is going on. ___________________________ Mr. Anderson stated that regarding Harper Bridge area and SROA, there is now a signed agreement to address the situation. They will move the fence back to where it was in hopes of alleviating some of the safety concerns. ___________________________ Peter Gutowsky said the LCDC initiated rulemaking regarding Sage Grouse, and the County will participate. The committee is so large as to be unwieldy. Judge Grasty is concerned about the BLM’s actions. The County will participate and lead if appropriate, but most of this has to come from the counties to the east. Commissioner Unger is supportive of conditions of assurances through Soil & Water. ___________________________ Peter Russell said that the County’s on-line bicycle mapping is interactive and up to date, for residents and for visitors. Mr. Gutowsky said it is very user friendly and has gotten national recognition. Mr. Anderson said it is one of the most heavily visited sites on the website.  TDC Advisory Committee Recommendation. Peter Gutowsky said that this is a primary goal of the Board. The Committee met five times to discuss the work plan, with the conversation centering around Pahlisch Homes and Crescent Creek, and Vic Russell who purchased property there, and the TDC program being set up to provide resources over time to residents to protect groundwater. Pahlisch has enough pollution reduction credits to move forward. At the December meeting, a majority of the Committee members felt the program should stay in place, but wish to reconvene after more work towards Goal 11 changes have formalized. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 8 of 12 Pages They want to make sure the developers are made whole. There were conversations about staggering the payments, but nothing seemed to fit all requirements. Pahlisch wants to build four to six homes in Crescent Creek to see what the market dictates. Nick Lelack said some committee members are here today. He feels a number of conversations were spirited, but one big issue was even Vic Russell recognizing that they probably will not be building much in the next couple of years. Pahlisch will take a chance and test the waters. This may change in two or three years as the market adjusts. Commissioner Unger stated that this property was federal land that was to be used to help deal with groundwater issues in the area. Chair DeBone feels the recommendations of status quo make sense. There will be more activity over time, but they need to wait for a while to see where things are heading. Mr. Lelack asked if the Board wants any input from the committee members. Citizen Judy Forsythe said she would like to hear from Rick Allen regarding how the City sees this playing out. Mr. Allen replied that it is a tough topic now and will be later as well. He is not sure things can be made equal for the two private businesses. Many people lost out during the recession. There is not a lot of building happening in La Pine. Some of the arrangements are now in Ordinance. Mr. Gutowsky said that their review of how this has been accommodated by the City is that Mr. Russell could try to argue that the City of La Pine should allow a modification of conditions. He has a tentative plat with a generous duration until 2017 to fulfill his transfer development obligations. He would have to ask for an amendment to remove these from the books. When that was discussed in December, Mr. Pahlisch said he would be mindful of this situation. Mr. Anderson asked if they adopted the TDC/PRC into City Code. Mr. Allen said that if it is not in a contract but instead in Code, decisions will be made over time. They would have to vote to include this. Mr. Anderson thought it had become part of the City’s Code. Mr. Lelack confirmed that it had been adopted by reference, but it is not very clear. Also, under the existing approval for Mr. Russell, there is no question the requirements are there. After 2017, it is unknown. Mr. Anderson feels it is more of a City issue and not so much the County. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 9 of 12 Pages Mr. Lelack said it is being considered at this time, and the City could adopt it that way. Mr. Allen noted that if it makes the property not functional, that is another issue. He does not want the land just sitting there for decades because of the overlay requirements. He does not want it to be fundamentally undevelopable, especially with Pahlisch next door with developable lots. Mr. Gutowsky said Mr. Pahlisch played by the rules and did what he was supposed to do with the credits. The whole idea is to protect groundwater, which is the end result. It was pointed out that there were spirited conversations, but it was humbling to recognize how this impacted the developers. Their business is somewhat speculative anyway. This is one reason they want to put discussions off for a while, to see where the economy goes. Ms. Forsythe added that there was no sweet spot and no way to get there at this time. Chair DeBone stated that it helps to talk about this and keep it alive. Mr. Lelack added that the value of these discussions cannot be overemphasized; the history and how it has evolved, and where they are now. It is a complicated issue. They would keep the same membership if possible. The Board was supportive of this plan.  Historic Preservation Strategic Plan and CLG Grant Peter Gutowsky said that the HLC (Historic Landmarks Commission) recommended to the Board in December that they be granted .8 additional FTE, which ties into the historic designation strategic plan. He suggested that this request is well suited when the 2015-16 work plan and budget are drafted. Mr. Lelack said their Chair spoke about their need for staffing. There was a full FTE at one time previously, with the cities paying for some of it. He articulated that this has been the practice. The County has only 46 designated areas, and the HLC would like it to be more robust. Only three other counties even do this. Mr. Kropp asked if the .8 is to work on all areas or just the County’s rural areas. Mr. Lelack said they would do primarily rural work for the County and coordinate with the others. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 10 of 12 Pages It is frustrating because much of this is within the City of Bend, but they do not seem to be focused on this issue. It is hard to justify a full FTE in the County without more city support. About 80% of the work is reviewing historic preservation applications for remodels, etc. The other 20% is more of the long-range projects: inventory, education, outreach, walking tours and planning. The County sees few applications, maybe 5% of the total. Matt Martin stated that they reviewed and acknowledged the draft strategic plan and grant. They initiated the process for the plan last fall, along with a scope of work, comprehensive outreach process with meetings, stakeholder interviews, and on-line surveys. Involvement was modest, but interest is strong in preserving history. He feels the program is valuable. The outreach campaign resulted in requests for 80 projects. A lot of ideas on how to improve and facilitate the program have been presented. . The County’s HLC serves Sisters and rural areas. The plan is intended to be user and reader friendly. Values, history, polices and resources are highlighted. It is a one-stop shop for historic preservation in the region, and includes a directory of like-minded organizations. This was presented to the HLC, they came back with minor edits and recommend acknowledgement as drafted. It is not a policy document or a rule document; the intent is to revisit it regularly to see if they are on track with the action items. It is a living document. It came down to three primary goals, listed on pages 16-18. Collaboration with stakeholders and other HLC’s in region can mean a cohesive and holistic approach. There was just one HLC that served the entire county, but now there are four. Under Goal 2, they are to coordinate and administer the program itself. They have dedicated staff to do so. They also look into special projects, such as the story map and photos; and the Deschutes Historical Society is in need of technical upgrades to improve archiving, as their scanners and computers are outdated. They may be able to allocate some CLG funds for this. They hope to educate, and have a strong interest in outreach to the schools and other groups to highlight the values of preservation and to raise awareness. The Board needs to review and acknowledge the plan. The Sisters City Council meets on February 12 to consider the same thing. Minutes of Board of Commissioners’ Work Session Wednesday, February 4, 2015 Page 11 of 12 Pages Commissioner Unger said this is great work; he is supportive and wants them to apply for the grant as well. Sisters can participate also. Chair DeBone indicated support. Chair DeBone asked if La Pine is doing anything. Rick Allen said that there are few buildings there that qualify. Mr. Martin said there are a few historic sites there. Mr. Lelack stated that Bend and Redmond opted out, and at the time, La Pine did as well. It is in the Code but not in the County’s program at this time. Chair DeBone is supportive of some kind of celebration of the County’s 100 years in 2016. Mr. Martin noted that historic preservation month is in May and some events are on the radar for next year. UNGER: Move support of staff applying for CLG grant through the State. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. 4. Other Items. Rick Allen said he is getting a lot of calls regarding marijuana issues. Much depends on the cities. If some take a hard approach, there will be more questions coming to the County. Also, the grow operations are falling under the radar. There are questions as to whether this is agriculture in nature. The City of La Pine is working on some draft rules. ___________________________ Before the Board was Consideration of Approval of an Order Initiating Review of an Administrative Decision in File No. 247-14-000228-CU and 229-SP (Shepherd property). UNGER: Move approval of Order No. 2015-011. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. Being no other items discussed, the meeting was adjourned at 4:40 p.m. DATEDtbis 21f:.-DaYOf 4ebr:~ 2015 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair ~{L Alan Unger, Vice ~air ATTEST: ~miSSioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, February 4,2015 Page 12 of 12 Pages 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, FEBRUARY 4, 2015 1. Discussion of a License for a Bike Aid Station in a Right-of-Way -Chris Doty, George Kolb 2. DiscussionlUpdate on Technical Services StaffFTE Request Steve Reinke 3. Planning Division Update: Planning Division Work Plan Update (Nick Lelack I Peter Gutowsky) TDC Advisory Committee Recommendation (Nick Lelack I Peter Gutowsky) Historic Preservation Strategic Plan and CLG Grant (Matt Martin) 4. Other Items 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 \ 92.66O(2)(d), labor negotiations; or ORS \92.660(2) (b), personnel issues; or other issues under ORS 192.660(2), executive session. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board ofCommissioners' meeting rooms al 1300 NW Wall SI., 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. . ~ c o i ! 4­o Road Department 61150 SE 27th St . • Bend, Oregon 97702 (541) 388-6581· FAX (541) 388-2719 MEMORANDUM Date: February 4, 2015 To: Board of County Commissioners From: George Kolb, County Engineer RE: Bike aid station on White Rock Loop A bike aid station was recently installed within the public right-of-way on White Rock Loop by a resident living on the property adjacent to the installation. The station is located outside of the required clear zone (see attached photos) for a County road (10 feet from edge of travel lane) so it does not present a danger to the road users but since it is in the public right-of-way, a License to Use the Right-of-Way would be required. The bicycling community is very excited about the installation of these bike aid stations on the area's scenic bike routes so we feel the License does need to be a requirement but it also has to be practical and applicable to the situation. The main points of the license are: 1. Location of the aid station will require review and approval of the Road Department prior to any installation. 2. The person who signs the license will be responsible for the upkeep of the station. 3. The station is required to be installed adjacent to the property of the license holder 4. If the person who installed the aid station moves from the present location, they will be required to remove the bike station right-of-way. If the person does not remove the station, it will be removed by County forces and become the property of the County. The main issue that has come up with the license is the liability in case of an accident as a result of the installation. Paragraph number 11 of the agreement contains language concerning the Indemnification of the County in the event of an accident. Obtaining the required certificate of insurance would be large expense for a citizen and they are not willing to accept the liability for any type of accident. The Road Department has been working with Legal and Risk to come up with a solution to this issue and it was determined that since this is a very low risk installation and is enthusiastically endorsed by the bicycling community, the Indemnification of the Licensor could be removed from the license. Prior to removing this paragraph, we want to get the opinion and recommendation of the Board . EXHIBIT "A" License to use Right-of-Way Bike Aid Station -Robert Haas Bike Aid Station J-­---­WHITE ROCK LP ..:..J 0::: I­ W (j) 0::: o I o ....J 5: Locator Map a 300 600 o 0::: (/) Z ::::; -' 8L---______-r~~1 Printed: 1/7/2015 ~~;.p.;;;..;.;.;~ The Infonnation on this map was derived from ci!jlal databases on Deschutes CoW1ty's G.I.S. Care was taken In the creation of this map . Deschutes County cannot accept arry responsibility for errors, omissions, Of positional accuracy and, therefore, there are no warranties which accompany this product. However, notification of any errocs will be appreciated. 900 Feet Legend -County Roads D Deschutes River -Other Roads Taxlots Canals l.:=iI!. -•."'" Ii For Recording Stamp Only LICENSE (TO USE RIGHT OF WAY) THIS LICENSE, made and entered into by and between Deschutes County, herein called "Licensor," and Robert Haas, herein called "Licensee," WIT N E SSE T H: Licensee is hereby authorized to use the area as shown in Exhibit "A," attached hereto and by this reference incorporated herein and together referred to as the "Property," for the purpose of the installation and maintenance of a bike aid station for recreational purposes. 1. Term. The term of this License shall commence upon signature of all parties and continue until terminated or abandoned as provided herein. 2. Possession. Licensee's right to utilize the Property and obligations contained herein shall commence as of the date of this License. Pursuant to the terms and limitations of this license, Licensee shall have exclusive use and possession of the real property described in Exhibit "A" for the purposes set forth herein. 3. Condition of Property. Licensor represents that it has full right. power, and authority to enter into this License for the term herein granted and that the licensed real property may be used by the Licensee during the entire term for the purposes herein set forth. If it is determined that Licensor did not have the right, power or authority to enter into this License because of Licensor's failure to have properly acquired jurisdiction over, or the Property is under lease or license to another and Licensee has not acquired the leasehold interest of such other person(s), firm, or corporation, this License shall automatically terminate. In the event of termination under the circumstances set forth in this paragraph, Licensee shall waive any and all claims or causes of action against Licensor. 4. Consideration. The real property herein licensed is held by Licensor for the purpose of public interest and recreation. The consideration for said license is the payment of a one-time fee of $1.00. 5. Additional License Fees. As additional license fees Licensee shall pay the following amounts: A. All real property taxes and assessments payable on the licensed real property, as a consequence of this License. B. All amounts which Licensee is required to reimburse Licensor for expenses incurred by Licensor in discharging Licensee's obligations. C. All other amounts, which the Licensee is required to pay by any other provisions of this License. 6. Permitted Use. The Licensee may utilize the licensed real property described in Exhibit "A" attached hereto and by this reference incorporated herein, for the purpose of the installation Page 1 of 6 -License to Use Right of Way DC 2015~OOe and maintenance of a bike aid station for recreational purposes in accordance with the laws of the State of Oregon. 7 . Restrictions on Use. In connection with the use of the real property, Licensee shall: A. Obtain a utility locate and all necessary approvals or permits prior to any uses of the property . B . Maintain the real property to standards of repair, orderliness, neatness, sanitation and safety acceptable to Licensor. C. Conform to all applicable laws and regulations of any public authority affecting the real property and the use after the date of this License, and correct at Licensee's own expense any failure of compliance created through Licensee's fault or by reason of Licensee's use if such failure of compliance arises as a result of conditions occurring after the date of this License. D. Refrain from any use which would be reasonably offensive to the Licensor, or owners or users of adjoining real property, or which would tend to create a nuisance or damage the reputation of the real property. E. Refrain from making any unlawful or offensive use of said property or to suffer or permit any waste or strip thereof. F. Exercise diligence in protecting from damage the real property and property of Licensor covered by and used in connection with this License. G . Install the bike aid station along the frontage of the Licensee's personal property within the public right of way . Location of the aid station will require review and approval by the Deschutes County Road Department 8. Licensee's Obligations. The following shall be the responsibility of the Licensee : A. Any repairs necessitated by the negligence of Licensee, its agents, employees and invitees to the licensed real property . B. Any repairs or alterations required under Licensee's obligation to comply with laws and regulations as set forth in "Restrictions on Use" above . C. Real property at end of License period shall be in as good condition as it was in at the beginning of the term, reasonable wear and tear excepted. D. Pay Licensor for any damage resulting from Licensee's negligence or from the violation of the terms of this License. 10. Inspection of Real Property. Licensor shall have the right to inspect the real property at any reasonable time without need for formal notice . 11. Indemnification of licensor. licensee shall be responsible for any and all injury to any and all persons or property caused directly or indirectly by reason of any and all activities by licensee or in1/itees on or in connection wi th the licensed property; and further agrees to indemnify , defend , and save harmless the licensor, its officers , agents , and employees from and against all claims, suits , actions , damages, cests , losses and expenses in any manner resulting from , arising out of, or connected v"ith any such ~ 12. Liens. A. Except with respect to activities for which the Licensor is responsible, the Licensee shall pay as due all claims for work done on and for services rendered or material furnished to the licensed real property and shall keep the real property free from any liens. If Licensee fails to pay any such claims or to discharge any lien, Licensor may do so and collect the cost as additional license fees. Any amount so added shall bear Page 2 of 6 -License to Use Right of Way interest at the rate of nine percent (9%) per annum from the date expended by Licensor and shall be payable on demand. Such action by Licensor shall not constitute a waiver of any right or remedy, which Licensor may have on account of Licensee's default. B. Licensee may withhold payment of any claim in connection with a good faith dispute over the obligation to pay, so long as Licensor's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Licensee shall, within thirty (30) days after knowledge of the filing, secure the discharge of the lien or deposit with Licensor cash or a sufficient corporate surety bond or other surety satisfactory to Licensor in an amount sufficient to discharge the lien plus any costs, attorney fees and other charges that could accrue as a result of a foreclosure or sale under a lien. 13. Continuing Obligation. Said License shall be an ongoing, continuous and binding obligation and privilege for Licensee .. The protections, rights and authority reserved to the Licensor herein shall inure to the benefit of any successor governmental authority. 14. Default. The following shall be events of default: A. Abandonment of the licensed real property or the cessation of use of the real property described in Exhibits "A". B. Upon sale or abandonment of the personal property owned and occupied by the Licensee, C. Failure of Licensee to pay any license fees or other charge within thirty (30) days after it is due and written notice is given by Licensor to Licensee. D. Failure of Licensee to comply with any term or condition or fulfill any obligation of the License within thirty (30) days after written notice by Licensor specifying the nature of the default with reasonable particularity. If the default is in such a nature that it cannot be completely remedied within the thirty (30) day period, this provision shall be complied with if Licensee begins correction of the default within the thirty (30) day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 15. Termination. Said License shall terminate: A. By mutual agreement of the parties; B. Upon 30 days' notice by Licensor; C. Upon Licensee's written notice to Licensor; D. Upon default which is not cured in accordance with the paragraph above entitled "Default"; E. Automatically upon vacation of the public right of way underlying the property. 16. Remedies on Default. A. In the event of a default, the License may be terminated at the option of the Licensor by notice in writing to Licensee. The notice may be given at any time after the thirty (30) days grace period for default given under the paragraph entitled "Default." If the property is abandoned by Licensee in connection with a default, termination shall be automatic and without notice. B. In any of the above set out cases or events, the Licensor, or those having the Licensor's estate in the real property, lawfully at its option may enter into and upon said real property and every part thereof, and repossess the same of Licensor's former estate, and expel said Licensee and those claiming by and through or under Licensee, and remove Licensee's effects at Licensee's expense, forcibly if necessary, and store the same, without being deemed guilty of trespass and without prejudice to any remedy Page 3 of 6 -License to Use Right of Way which otherwise might be used for arrears of license fees or preceding breach of covenant. C. The foregoing remedies shall be in addition to. and shall not exclude. any other remedy available to Licensor under applicable law. 17. Structures and Fixtures. A. All equipment or other personal property associated with the bike aid station that is placed upon the licensed real property during the term by Licensee shall remain the property of Licensee except as otherwise provided herein. B. Upon abandonment. termination. revocation. or cancellation of this License. the Licensee shall remove, within a reasonable time. all equipment and other personal property associated with the bike aid station except those owned by Licensor. If Licensee fails to remove all or part of such personal property and equipment within thirty (30) days. and such additional time as is reasonable and necessary to effect such removal as may be agreed upon by the parties. then upon election of Licensor they shall become the property of Licensor. C. Upon sale of the adjacent real property owned and occupied by the Licensee, the Licensee shall remove. within 30 days. all equipment and other personal property tied to the bike aid station except those owned by Licensor. If Licensee fails to remove all or part of the materials associated with the bike aid station within thirty (30) days. and such additional time as is reasonable and necessary to effect such removal as may be agreed upon by the parties. then upon election of Licensor the bike aid station shall become the property of Licensor. 18. Notices. Any notice by Licensee to Licensor or Licensor to Licensee must be served by certified or registered mail. postage prepaid. addressed to the other at the address given below or at such other address as either may designate by written notice. Licensor: Licensee: Deschutes County Robert Hass 1300 NW Wall Street 65821 Cori Lane Bend, OR 97701 Bend, OR 97701 19. Nonwaiver. Waiver by either party of strict performance of any provision of this License shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 20. Partnership. Licensor is not by virtue of this License a partner or joint venturer with Licensee in connection with activities carried on under this License. and shall have no obligation with respect to Licensee's debts or any other liabilities of each and every nature. 21. Land Use Permit. This License does not constitute a land use permit, nor does acceptance of this License by Licensor constitute approval of any legislative or quasi-judicial action required as a condition precedent to use of the land for the intended purpose. 22. Licensor's Right to Cure Defaults. If the Licensee fails to perform any obligations under this License, the Licensor shall have the option to do so after thirty (30) days' written notice to the Licensee. All of the Licensor's expenditures to correct the default shall be reimbursed by the Page 4 of 6 -License to Use Right of Way Licensee on demand with interest at the rate of nine percent (9%) per annum from the date of expenditures by the Licensor. 23. Licensee Not An Agent of Licensor. It is agreed by and between the parties that Licensee is not carrying out a function on behalf of the Licensor, and Licensor does not have the right of direction or control of the manner in which Licensee transports or disposes of materials so long as Licensee meets criteria set forth herein. 24. Litigation Fees and Expenses. In the event an action, suit or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this License, each party shall be responsible for its own attorney's fees, expenses, costs and disbursements for said action, suit, proceeding or appeal. 25. Time is of the Essence. Time is of the essence in each and every provision of this License. 26. Severability. The parties agree that if any term or provision of this License is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the License did not contain the particular term or provision held to be invalid. 27. Authority. The Signatories to this License covenant that they have the legal authority to bind their respective principals to the terms, provisions and obligations contained within this License. LICENSOR: DATED this __day of ________, 2005. Deschutes County Tom Anderson, County Adminstrator STATE OF OREGON ) ) ss. County of Deschutes ) Before me, a Notary Public, personally appeared [] DATED this __day of ____, 2015. Notary Public for Oregon My Commission Expires: ______ State of Oregon ) ) ss. County of Deschutes ) LICENSEE: DATED this __day of ________" 2015. I f I I Robert Haas Page 5 of 6 -License to Use Right of Way SUBSCRIBED AND SWORN to before me this __ day of _____,' 2015. Notary Public for Oregon My Commission Expires: ____ Page 6 of 6 -License to Use Right of Way Deschutes County 9-1-1 Service District Staff Report DATE: January 29, 2015 TO: Board of County Commissioners FROM: Steve Reinke, Director THROUGH: Tom Anderson, County Administrator SUBJECT: Request for Two FTEs for the Technical Services Division ISSUE: An increase in a District’s employee count requires Board approval. BACKGROUND: In late 2014 Rick Silbaugh conducted analysis which concluded the Technical Services Division’s two current employees (Rick and Barry Allen) are available for work 3,184 hours a year, yet the Division’s day to day system administration and maintenance tasks require 6,561 hours a year. Prior to the adoption of the strategic plan (attached), a new FTE was hired in December 2014 to partially address this shortfall. (A second FTE was hired at the same time. That FTE will replace Barry Allen when he retires in May 2015.) DISCUSSION: The District completed a strategic planning process in December 2014. Analysis of the Division conducted during that process showed that to completely address the remaining system administration and maintenance shortfall not addressed with the December 2014 FTE hire, a second new Public Safety Systems Specialist should to be hired. (Strategic Plan Objective 3.1.) In addition, to tackle the large number of internal and external projects which have been stalled for months, a second Public Safety Systems Specialist should to be hired. (Strategic Plan Objective 3.2.) Once the project backlog is relieved the Division may have excess capacity, although experience indicates new projects are constantly in the pipeline. As an example, several equipment replacement projects are on the horizon for FY 2016, including the replacement of the 9 -1-1 phone system, which is five years old and at the end of its service life. Regardless, to address the possibility of excess capacity, the District plans to transition one of the Public Safety Systems Specialists hired in December to oversee radio replacement project. Staff will then review the Division’s workload to determine if the vacant Public Safety Systems Specialist position should be filled. FISCAL IMPACT: As discussed during the District’s recent strategic planning process, these hires will drawdown District cash reserves, but those reserves will still be positive at the end of the current levy period, which ends in June 2018. Also noted in the District’s strategic plan is the need to obtain stable, permanent funding before the end of the current levy period to maintain these new positions and to avoid substantial service level cuts. ACTION REQUESTED: Consider authorizing the District to hire two Public Safety Systems Specialists. If approved, the District’s FTE count will increase from 50.5 to 52.5. Deschutes County 9-1-1 Strategic Plan for 2015 – 2018 1 Primary Goals 1.1 Determine the District’s intermediate and long term operational and capital needs including planning, construction, maintenance and oversight of a countywide, multi-jurisdictional, multi- disciplinary communications system. (April 2015) 1.2 Assist the Board with determining the level of public support for the District’s strategic initiatives; assist with the development of a communications plan and informational materials. (October 2015) 1.3 Obtain approval from the Board of County Commissioners to submit a ballot measure to the public for a maximum levy amount, with a commitment the initial levy rate will begin at a specific (lower) level which will be raised in the future only if absolutely necessary. (October 2015) 1.4 Obtain voter approval for permanent funding for the District which supports its ongoing operations and long-term capital needs, including a county-wide communications system. (May 2016) 2 Objectives – Line Operations 2.1 Law enforcement dispatchers should only answer 9-1-1 calls as a last resort. (September 2015) Hire, train and deploy call receivers for when call volumes are forecast to be highest. Establish a clear order of priority for answering emergency and non-emergency calls. 2.2 Staff two fire dispatchers 24 x 7 x 365. (January 2016) Hire, train and deploy telecommunicators to achieve this objective. 2.3 Law enforcement data channel should be staffed 12 hours per day. (April 2016) Hire, train and deploy telecommunicators for when data requests are forecast to be highest. 2.4 Staff for 24 x 7 x 365 supervision. (January 2016) Promote an eligible and qualified person into a new, sixth supervisor position. 2.5 Deploy staff to align with forecasted activity levels. (January 2016) Utilize past data to forecast future activity and staff accordingly. 2.6 Achieve Oregon Accreditation Alliance accreditation. (April 2016) The Operations Manager will lead this initiative. 2.7 Improve the retention rate for new line employees. (Now and ongoing) Continually evaluate and improve the entire entry level hiring process. 3 Objectives – Technical Division 3.1 Address unmet maintenance and system administration needs. (March 2015) Hire, train and deploy a Public Safety Systems Specialist. 3.2 Address unfinished projects. (March 2015) Hire, train and deploy a Public Safety Systems Specialist to work through the backlog. Expect to transition at least one Specialist to the radio project. At that time, determine whether there is a need to backfill the transitioned em ployee(s). 3.3 Value engineer and cost a county-wide communications system. (October 2015) Retain a qualified engineer to lead stakeholders to consensus on system design, coverage and reliability and forecast its cost. Develop relationships with potential partners and secure written commitments for participation, first for the concept, then financial. Obtain all available grant funding. Develop and adopt communications system governance and operating agreements. 3.4 Facilitate full CAD / RMS integration. (April 2016) Determine user needs and whether HiTech’s RMS can meet those needs. Obtain commitments from participating agencies to assist with deployment and ongoing funding. Develop and adopt an agreement which details funding allocations; required data entry standards; user responsibilities; and system administration and security requirements. Hire a CAD/RMS System Administrator to serve as project manager and after go -live, as the system’s administrator and inter-agency coordinator. 4 Objectives – Administrative Services 4.1 Meet the increased demand for records from the public and criminal justice agencies and staff the front counter during business hours, including the noon hour. (January 2016) Evaluate options for coverage and recommend a re-organization if necessary. 4.2 If the radio project goes forward, hire an office manager to supervise the front office staff, assist with grant applications and management, vendor management, contract administration, agreements, purchasing, inventory tracking and administrative duties. (July 2016) Contingent on communications project funding. Memorandum DATE: January 27, 2015 TO: Deschutes County Board of Commissioners FROM: Nick Lelack, Director Peter Gutowsky, Planning Manager Peter Russell, Senior Planner Matt Martin, Associate Planner RE: Planning Division Work Plan Update / FY 2014-2015 I. Summary This memorandum updates the Board of County Commissioners (BOCC) on the Planning Division’s annual work plan specifically relating to long-range planning. It summarizes the status and timelines of existing projects while also making three requests. Staff asks the BOCC to consider directing the Planning Division to initiate a text amendment for the Alfalfa Rural Fire Protection District that would ultimately enable the siting of a fire station, as well as annual housekeeping amendments (see page 6). Table 2 provides an overview of the housekeeping amendments. Lastly, Staff will also be initiating a text amendment to regulate medical marijuana (see Table 1). II. Existing Projects Table 1 summarizes the status of ongoing long range planning projects. Table 1 – Ongoing Long Range Planning Projects Project Summary / Status Next Steps / Estimated Completion Medical Marijuana The BOCC on Jan. 27 directed staff to draft a text amendment regulating medical marijuana, prior to the statewide ban expiring on May 1. April 2015 Agricultural Lands Based on BOCC direction in October, the Planning Commission continues to discuss two topics associated with the agricultural lands program: temporary hardship dwellings in the Conventional Housing Combining Zone and minor plan amendments clarifying that resource land parcels can be re-designated and rezoned to resource lands through a quasi-judicial application process, without taking an exception to Oregon Land Use Goals 3 or 4. In addition, staff received direction from the BOCC on November 24 to explore HB 2229, also known as the Big Look Bill, as it relates to correcting mapping errors of resource designated lands (includes forest lands). Two major developments have occurred over the past couple of weeks.  First, DLCD sent Deschutes County a letter in response to several interpretation questions regarding implementing this law. In short, the agency has several significant concerns/objections with the County’s proposed approach. Based on DLCD’s letter, County staff would be required to undertake a new approach requiring significantly more resources (staff, budget, and time) to implement Staff proposes the next step to be the development of a matrix for the BOCC and Planning Commission’s consideration of options on whether and how to move forward at subsequent work sessions -2- Table 1 – Ongoing Long Range Planning Projects Project Summary / Status Next Steps / Estimated Completion this law.  Second, the Planning Commission asked staff to contact former CDD Director John Anderson (1978-85) regarding the County’s process to designate lands as resource and exception lands, in compliance with the then-new Statewide Planning Law. Please find attached a memorandum summarizing staff’s conversation with Mr. Anderson, which he also reviewed and approved. In short, the County thoroughly and thoughtfully designated every property based on the best available data at the time and per DLCD’s direction. The County asked the agency for more flexibility, but the agency did not grant it. Bend Airport Master Plan The BOCC on October 27, voted unanimously to adopt Ordinance 2014- 026 by emergency. The ordinance approved a City of Bend land use application amending the zoning map for the Airport Development (AD) zone in Deschutes County Code (DCC) 18.76 and its subzones of Airfield Operations District (AOD), Aviation-Related Industrial District (ARID), and Aviation Support District (ASD). It also corrected a procedural error from the 2003 adoption of the subdistricts and the 2002 Bend Airport Master Plan Update. Later this year, a plan amendment initiated by the City of Bend is anticipated to formally update the Airport Master Plan. Completion is expected by end of 2015. Bend Urban Growth Boundary Amendment The Planning Division continues to coordinate with the City of Bend regarding their Urban Growth Boundary (UGB) Remand Order. Responsibilities are expected to significantly increase in FY 2015/2016 as the City prepares and processes its formal application. 2016 Central Oregon Large-lot Industrial Lands Project Redmond staff is convening a work session with Redmond City Council on February 17 to discuss submitting a candidate site to Central Oregon Intergovernmental Council (COIC) for consideration. If candidate site is submitted, Staff will coordinate with City and COIC on the required land use applications. Code Enforcement Task Force The BOCC directed staff to convene a group of stakeholder to explore whether consensus could be achieved on a conceptual text amendment to County Code to prohibit the issuance of permits for properties in violation of County Code or a prior land use decision. The direction was based both on testimony provided during the update of the Code Enforcement Manual and CDD 2014-15 Annual Work Plan. Included in the Division’s current work plan, Staff convened a stakeholders group on January 6 and reached consensus on a draft concept based on Multnomah County’s model. Staff is currently developing a draft text amendment for the stakeholder group’s consideration. Once the stakeholder group agrees on a draft TA, staff will present it to the BOCC with group members in attendance to seek BOCC direction on next steps. Completion is estimated this spring. Destination Resort Map Amendments On September 2, Staff initiated a press release announcing a three- month window to accept applications to amend Deschutes County’s destination resort eligibility maps. The current maps became effective February 20, 2012. ORS 197.455(2) allows counties to remap eligible lands for destination resorts once every thirty months. The deadline for submitting applications was December 1. None were received. Finished -3- Table 1 – Ongoing Long Range Planning Projects Project Summary / Status Next Steps / Estimated Completion Goal 11 Exception for Southern Deschutes County On December 11, 2014, Department of Land Conservation and Development (DLCD) and Department of Environmental Quality (DEQ) submitted draft findings on a Goal 11 Exception. The findings include a rationale for the exception and a map of the proposed area. The Goal 11 Exception would allow sewers in rural Southern Deschutes County to address nitrates in shallow groundwater. DEQ, DLCD, and County staff discussed the draft findings and next steps at a December 29 BOCC work session. The three agencies will set dates for public meetings in Southern Deschutes County over the winter to discuss the Goal 11 Exception. Afterward, DEQ, DLCD, and the County will fine tune the findings and prepare a formal land use application for Planning Commission and BOCC consideration during a public process. Completion is estimated in late 2015. Harper Bridge Safe Access The Harper Bridge Task Force issued a report in the fall looking at each of the four quadrants of the bridge as a potential long-term solution to the challenges of access to the Deschutes River Staff is coordinating with the Sunriver Owners Association and stakeholders on next steps, likely to be initiated this spring. Historic Resources - Certified Local Government Grant Every 24 months, the State Historic Preservation Office (SHPO) offers matching grants to cities and counties that have been “certified” as historic preservation partners with both the state and federal governments. Deschutes County is a Certified Local Government (CLG). CLG grants assist local governments with their historic preservation programs on a non-competitive basis in order to ensure that all localities benefit. The maximum award for each locality is $13,000.00 based on fund availability and requires a 50/50 match of local funds or donated services/supplies. State and federal requirements regulate the CLG grant, including project budget, project timeline, inspections and audits, reports and billings, consultant/contractor standards, etc. The Planning Division is preparing, with the support of the BOCC and HLC, an application for the 2015-2016 grant. To be determined at this Work Session under a separate agenda item. If BOCC authorizes staff to proceed, the application will be submitted prior to the February 27, 2015 deadline. Completion is estimated in August 2016 per the grant deadline. Historic Resources - Strategic Plan Staff developed a historic preservation strategic plan for rural Deschutes County and the City of Sisters. The plan provides a framework for shaping the rural county and Sisters’ preservation programs and services over the next five years and creates a blueprin t for allocating CLG grant funding. The final plan will be presented to the HLC for review and recommendation on Feb. 2. The plan will be brought to the BOCC on Feb. 4 and Sisters City Council at a TBD date for acknowledgment. To be determined at this Work Session under a separate agenda item. Implementation to follow. -4- Table 1 – Ongoing Long Range Planning Projects Project Summary / Status Next Steps / Estimated Completion Natural Hazards Goal 7 Plan The University of Oregon’s Community Service Center (CSC) is reviewing County codes and policies regarding natural hazards and mitigation. CSC will focus on Comprehensive Plan Section 3.5. The CSC will also conduct a national review of other jurisdictions’ codes and policies to gauge whether some may be suitable for the County to adopt as well as identifying best practices and model ordinances. CSC’s work will ultimately aid in determining what needs to be updated in the County’s Natural Hazards Mitigation Plan and Community Wildfire Plans. CPW review started in January and will conclude in late June with a report. Staff is coordinating with the CPW team in an ongoing basis. Completion is estimated in June 2015 Oregon Spotted Frog 1 Last August, the U.S. Fish and Wildlife Service extended protection to the Oregon spotted frog as a federally threatened species under the Endangered Species Act (ESA). The final rule designating critical habitat is expected in April. Upon its release, CDD will schedule a BOCC work session and use a matrix to discuss options for responding to critical habitat from a land use standpoint. To be Determined Sage Grouse Conservation 1 Staff is participating with the Bureau of Land Management (BLM), which in Nov. 2013 released a draft Environmental Impact Statement (EIS) for federal land use and resource management plan (RMP) amendments to incorporate sage-grouse conservation measures in Central and Eastern Oregon. The Final EIS and Record of Decision are expected in 2016. Staff is also participating with the Governor’s Office, Sage-Grouse Conservation Partnership. This involves interagency coordination related to sage-grouse habitat on non-federal lands. The State’s goal is to demonstrate that listing the sage-grouse as a federally threatened or endangered species is unnecessary. On Jan. 23, LCDC initiated rulemaking to address large scale development and sage grouse habitat. All seven counties will be invited to participate on a Rules Advisory Committee (RAC) to assist in the development of a draft rule. The RAC will meet over a sixth month period between February and July 2015. If rule-making is successful, Staff will convene a work session with BOCC to discuss updating County Code. LCDC Rulemaking, including County staff participation. Completion is estimated in 2016 1 Last November, during the Land Use Board of Appeals (LUBA) remand public hearing on 4 -R Equipment (Millican Mining Site), the BOCC expressed interest in updating the Comprehensive Plan to recognize new wildlife inventories. The Community Development Department (CDD) is aware of three new wildlife habitat inventories: 1) Critical habitat for Oregon spotted frog, a federally threatened species, will be announced in April 2015; 2) Core Area and Low Density habitat for sage-grouse, a candidate species under the federal ESA; and, 3) Big game habitat for deer and elk winter range. Last summer, the Oregon Department of Fish and Wildlife informed Deschutes County and the City of Bend of a 2009 Big Game Deer and Elk Winter Range Habitat inventory. The City of Bend is obligated to consider this information as it relates to the Urban Growth Boundary remand (OAR 660-024-0020). The City of Bend’s UGB remand proposal is expected in Spring 2016. If updating the County’s Goal 5 wildlife habitat inventories is a BOCC priority , CDD recommends a phased approach. Staff retains capacity to update the Comprehensive Plan and implementing ordinances for the Oregon spotted frog and sage grouse. Both items are already on the Planning Division’s FY 2014-2015 work plan. Regarding Big game habitat for deer and elk winter range, staff recommends postponing this effort until the South County Goal 11 Exception and Bend UGB remand are completed. -5- Table 1 – Ongoing Long Range Planning Projects Project Summary / Status Next Steps / Estimated Completion Transferable Development Credit Advisory Committee The TDC Advisory Committee convened on August 21 and conducted a total of five meetings. On December 18, members reviewed a matrix of options and identified their top two choices: 1) Maintain the status quo; and, 2) Reconvene the committee in 24 to 36 months. To be determined at this Work Session under a separate agenda item. Transport. Planning - Bicycle Guide Update The Planning Division finalized a Deschutes County Bicycle and Pedestrian on-line map (https://deschutes.maps.arcgis.com) Finished U.S. EPA Brownfield Community- Wide Assessment Grant The Brownfield grant dedicates $90,000 for Area Wide Planning (AWP). AWP offers resources to conduct research, technical assistance and training that can result in an area-wide plan and implementation strategy for key brownfield sites. This information can the n help inform the assessment, cleanup and reuse of brownfield properties and promote area-wide revitalization. Recognizing that an overwhelming majority of eligible brownfield sites are located in Bend and Redmond, Apex Companies (consultant) met with city representatives from both jurisdictions in June to discuss opportunities to perform AWP. Based on the results of those discussions, it was determined that the Mid -Town area of Redmond’s downtown warranted the resources. The timing and readiness to utilize AWP funding offer extraordinary advantages in Redmond. It dovetails with the City’s existing efforts to revitalize the area, including an urban renewal district, market analysis, and recently completed housing study. The City of Redmond is contributing an in- kind match of $44,700 to maximize the AWP effort. Brownfield redevelopment often requires environmental site assessments (ESAs) and regulatory review. To help property owners navigate these processes and access resources that can help pay for the assessments and review, approximately $264,000 of the brownfield grant provides ESAs for eligible properties, and gives technical assistance to property owners, citizens, businesses and other stakeholders. The County provided funding for Phase I Environmental Site Assessments (ESAs) on all of the eligible properties, with the exception of the Cline Falls Power Plant (where a Phase I ESA is unnecessary). The Phase I studies cost in the range of $3,500 per property; therefore, the total costs for these initial st udies are in the range of $25,000. U.S. EPA is currently reviewing the reports prepared by Apex Companies, LLC. Following completion of the Phase 1 ESAs, a subset of the properties, including the Cline Falls Power Plant, will likely be targeted for a Phase 2 ESA. The costs for Phase 2 ESAs can be significantly higher than Phase 1 ESAs. Staff anticipates five requests for Phase 2 ESAs:  412-426 6th Street, Redmond  437 SW 9th Street, Redmond (Evergreen School Property)  Central Oregon Irrigation District / Cline Falls Power Plant  City of Redmond City Hall  Redmond Municipal Airport A meeting with a Brownfield Advisory Committee to solicit input regarding prioritization and funding for Phase 2 ESAs and cleanup planning at selected properties is scheduled for February 18. -6- III. Alfalfa Rural Fire Protection District / Text Amendment Staff is asking the BOCC to consider directing Staff to initiate a text amendment on behalf of the Alfalfa Rural Fire District. The amendment to Deschutes County Code (DCC) 18.65.022, Alfalfa Rural Service Center – Residential District, would allow the minimum lot size (currently 5 acres) to be 1 acre for the exclusive purpose of siting a rural fire protection station as a use subject to site plan review. IV. Minor Amendments Staff recommends a series of housekeeping amendments to correct scrivener’s errors and make minor corrections to Deschutes County Code to maintain accuracy and consistency for the benefit of staff and the public. Staff does not believe any proposed amendment involves a policy change, but will publicize and circulate the list among stakeholder organizations, social media and the website, and individuals prior to formally initiating the application. Table 2 provides an overview of the proposed amendments. Table 2 – Housekeeping Amendment Overview Project Status Housekeeping Text Amendments Housekeeping amendments include: o Removing outdated references in zoning code citing the old Comprehensive Plan o Correcting references so they cite the new Comprehensive Plan o Adding references to applicable code in the EFU zone relating to limitations on conditional uses and lawfully established dwelling replacements o Updating procedural code to enable the appeal hearings body to waive the requirement that appellant provide a complete transcript for the appeal hearing o Correcting typos in the Landscape Management zone that incorrectly reference Squaw (Whychus) Creek, the height exception for agricultural buildings, and other clerical errors. o Correcting language in the Landscape Management zone that clarifies that it does not apply to interior alterations o Correcting procedural code allowing staff to require a Hearings Officer deposit after an incomplete letter is mailed but before application is deemed complete. o Correcting the procedural code as it pertains to the duration of approval for replacement dwellings (2 year expiration date). o Correcting the procedural code enabling an applicant to request an extension of the 90 day deadline for a final decision relating to a LUBA remand o Correcting typos in the Comprehensive Plan that incorrectly cite the Tumalo and Terrebonne Community Plans o Correcting a typo in the Transferable Development Credit Program relating to transactions o Correcting a typo to correctly reference the 2.5:1 ratio for overnight lodging units in the Destination Resorts Zone o Adding a policy to Tumalo’s Industrial Area Policies pertaining to accessory uses subordinate to industrial development, to be consistent with OAR 660-022- 0030(3)(g) (Planning and Zoning in Unincorporated Communities) o Correcting a typo relating to river setbacks in the Tumalo Community Zone Attachment: John Anderson Conversation Notes John Andersen Phone Conversation / Notes January 15, 2015 John Andersen worked for Deschutes County from 1978 to 1985. He started as a Senior Long- Range Planner, and then progressed to Planning Director and Community Development Director. His responsibilities as a Senior Planner were to prepare a Comprehensive Plan for Deschutes County. SB 100 / Referendum When Senate Bill (SB) 100 was adopted in 1973, Deschutes County prepared a Comprehensive Plan, relying on the Bureau of Government and Research from the University of Oregon. It was sent to the voters of the county either by referendum or referral by the County Commissioners, and was rejected. Out of the thirty-six counties, Deschutes County was the only one to have its Comprehensive Plan repealed by voters. Developing the Comprehensive Plan Negotiations between the State of Oregon and County subsequently took place to develop a Comprehensive Plan that could comply with State law. The State directed Deschutes County to protect resource land consistent with the State Land Use Goals. Many people in Deschutes County felt the land was too marginal for farming and advocated for greater flexibility to allow development. Deschutes County’s “sagebrush subdivisions,” created in the 1960s and early 1970s were cited to the Legislature as part of the reason to approve SB 100 and the State enabling planning legislation. There was tremendous political turmoil during the Comp rehensive Plan’s development. Staff hosted numerous public meetings with hundreds in attendance , with meetings often lasting well into the early hours of the next day. There was violence and threats aimed at the staff. There was also an unsuccessful recall effort aimed at the two Commissioners who supported the newly drafted Comprehensive Plan. Despite all of the hostility and general turmoil the staff worked diligently to prepare reasonable recommendations based upon factual data. Agricultural Land Designations How did Deschutes County designate agricultural land? As outlined in the Resource Element, Staff relied on soil maps and irrigation data provided by the irrigation districts. Staff also examined topography, recognizing that elevation cou ld affect land productivity (example: Lower Bridge area). Soil and irrigation were the two primary factors for determining agricultural land. The one exception was the eastern section of the county which was recognized as rangeland (Brothers, Millican, and Hampton). There are two rural subdivisions, one near Sisters (Squaw Creek Canyon Recreational Estates 1st Addition), the other north of La Pine (Meadow Crest Acres) interspersed with Exclusive Farm Use and Rural Residential zoning. Any idea how this might have happened? Too many years have passed for me to remember specific subdivisions, however, in general, pre-platted subdivisions, lacking development, utilities, or infrastructure were deemed to be vacant and therefore suitable for agriculture uses, based on direction from the State. The County was also required to protect the land for wildlife and open space values, as well as to direct development into areas that could be more efficiently served, thereby reducing required taxation. Forest Land Designations How did Deschutes County designate forest land? Staff relied on soil maps and information provided by the Oregon Department of Forestry. There are four rural subdivisions, one near Sisters (Squaw Creek Canyon Recreational Estates 1st Addition), one west of Bend (Skyline Subdivision) and two near La Pine (Haner Park - - along the Upper Deschutes River, Section 36 - - West of La Pine) interspersed with Forest Use (F2) and Rural Residential zoning. Any idea how this might have happened? Please refer to my previous answer. Pre-platted subdivisions, lacking development, utilities, or infrastructure were deemed to be vacant and therefore suitable for forest uses, based on direction from the State. The County was also required to protect the land for wildlife and open space values. Rural Residential Land Designations How did Deschutes County designate Rural Residential Land (Rural Residential - 10, Multiple Use Agricultural - 10)? Deschutes County had to demonstrate that the land was committed to rural residential uses. There were extensive property owner negotiations. Many property owners wanted maximum flexibility to preserve their investment for retirement. Staff examined the level of development, utilities, roads, and infrastructure to make the determination. They examined every property, lot by lot in the county. If they could demonstrate the land was committed, even if it was not necessarily completely built-out, it was designated rural residential. Upon the adoption of the Comprehensive Plan, property owners had the ability over a period of one year to initiate an exception to their resource land designation. No one took advantage of it because the methodology and information relied upon by Staff was the best available. DATE: January 26, 2015 TO: Deschutes County Board of Commissioners FROM: Nick Lelack, Director Peter Gutowsky, Planning Manager Todd Cleveland, Environmental Health Specialist III. RE: Transferable Development Credit (TDC) Advisory Committee / Recommendation I. BACKGROUND TDCs, which include Pollution Reduction Credits (PRCs), are associated with the Regional Problem Solving and Groundwater Protection projects in southern Deschutes County. TDCs, which have been in place since 2003, are deeded restrictions on future property development. They are acquired voluntarily in designated areas for the preservation of water quality and open space. The acquisition of TDCs is one option for developers of new parcels in the Newberry Neighborhood in the city of La Pine. Similarly, PRCs, which were added to the program in 2006, certify the placement of a nitrogen reducing septic system in qualifying areas. They may be purchased as an alternative option to allow Newberry Neighborhood development. Revenue associated with TDCs and PRCs, together with Newberry Neighborhood land sale proceeds and other revenue sources, provide financial assistance to South County residents in implementing actions which reduce the amount of nitrates potentially entering the groundwater and therefore protecting the source of drinking water in the area. In addition to funding sewer feasibility studies on an as-needed basis, financial assistance from this program has enabled rebates to be paid to South County property owners who have installed nitrogen-reducing septic systems. Low interest cost-deferred loans have also been made available to property owners to fund complete septic system replacement for those who may not otherwise qualify for project financing. II. TDC ADVISORY COMMITTEE Reconvening the TDC Advisory Committee was a high priority of the Board of County Commissioners (BOCC). It directly relates to one of their FY 2014/2015 Goals and Objectives:1  County Goal: Robust Economy o County Objective #4: Support land use policies that promote beneficial utilization of the land for economic growth 1 http://www.deschutes.org/Finance/Budget-and-Finance/Budgets/FY-2015-Proposed-Program-Budget.aspx. Page 12. -2-  CDD Department Measure: Reconvene the TDC Advisory Committee to determine if changes are needed to facilitate economic growth in La Pine’s New Neighborhood in conjunction with groundwater in rural southern Deschutes County. Deschutes County Code (DCC), Chapter 11.12 codifies the TDC Program.2 DCC 11.12.040 specifically addresses the TDC Advisory Committee’s purpose, duties, and membership. Members are selected by the Community Development Department (CDD) based on the knowledge and expertise that each member may contribute to the development of the TDC program. CDD received commitments from the following members: Table 1 – TDC Advisory Committee Bob Baggett, Oregon Department of Environmental Quality Dennis Pahlisch - Pahlisch Homes Ed Criss, Deschutes Co. Planning Commissioner – South County Region Jon Jinings, Oregon Department of Land Conservation and Development Judy Forsythe, Deschutes County Citizens Action Group Kate Fitzpatrick, Deschutes River Conservancy Michael Bentz, Myco Excavation Monte Dammarell, South County Resident / Property Owner Rick Allen, Interim La Pine City Manager Ted Scholer, Retired Realtor Vic Russell, Excavation / Finley Butte Aggregate III. RECOMMENDATION The TDC Advisory Committee convened on August 21 and conducted a total of five meetings.3 On December 18, members reviewed a matrix of options and identified their top two choices (Attachment). Table 2 summarizes their recommendations. Table – TDC Advisory Committee Recommendations Majority Recommendation  Status quo  Reconvene TDC Committee in 24 to 36 Months Other Observations  TDC/PRC program does not work for Vic Russell  Pahlisch Homes, as the primary builder of the Neighborhood Planning Area, expects equitable treatment. o If the program stays in place, other developers should meet their share of the TDC/PRC obligation o If the program is terminated, Pahlisch should be compensated to offset their acquired PRCs Attachment: Matrix of Options 2 http://www.deschutes.org/County-Code.aspx?F=chapter+11.12.pdf 3 http://www.deschutes.org/Community-Development/Regional-Projects-and-Resources/Transferable-Development- Credit-(TDC)-Advisory-Com.aspx TDC Advisory Committee Recommendations / Matrix of Options Options Impacts Ranking 1. Status quo Program remains unchanged At some point in the future, Pahlisch Homes applies the 183 PRCs they possess to their tentative plat in Quadrant 2b At some point in the future, Vic Russell obligated to obtain 104 PRCs for his tentative plat in Quadrant 1a and a total of 221 PRCs for Quadrants 1b and 1d NPA developers continue working with rural property owners to help install alternative treatment technology (ATT) septic systems to protect groundwater. NPA developers can also utilize the PRC fallback option ($7,500) to help replenish the Groundwater Partnership Fund 2. Reconvene TDC Committee in 24 to 36 Months Allows the Committee to respond to Goal 11 Exception outcome and changing market conditions in NPA. If Goal 11 Exception is approved, TDC/PRC program emphasis can expand to allocate resources to address centralized sewering opportunities 3. Deferred Payment Option Vic Russell’s existing PRC burden (325) allocated to Quadrants 1b and 1d; Tentative plat associated with Quadrant 1a and 104 PRC requirement, transferred to Quadrants 1b and 1d Eliminate TDC / PRC Program 4 Vic Russell Concept (#1) 1 Eliminate TDC Program and Compensate Pahlisch Homes for their PRC Investments Vic Russell no longer obligated to obtain PRCs Groundwater Partnership Fund foregoes the potential to generate up to $2,437,500 due to elimination of Vic Russell’s PRC obligation (assumes fallback option at $7,500 per PRC) Pahlisch Homes owns 202.15 PRCs; their value based on the $7,500 per PRC fallback option is $1,516,125 Reimbursement to Pahlisch comes from undetermined County funds or applying their $1,516,125 “credit” to buy other County-owned quadrants in the NPA 5 Vic Russell Concept (#2) 1 Fallback Option and Compensate Pahlisch Homes Vic Russell’s PRC burden is $468,000, a $1,969,500 (81 %) decrease from his current obligation of $2,437,500 Pahlisch Homes owns 202.15 PRCs which are valued at $1,516,125. An 81% reduction equals $1,228,061. Reimbursement to Pahlisch comes from undetermined County funds or applying their $1,228,061 “credit” to buy other County-quadrants in the NPA 1 Until the County sells land in NPA, if any of Russell or Pahlisch Homes concepts are implemented, the Groundwater Partnership Fund, in the short-term, will no longer have sufficient funds to assist residents in South County with groundwater related issues (sewer feasibility study; ATT upgrades, new opportunities arising from Goal 11 Exception). Groundwater funds would be replenished once County-owned land in the NPA is sold to a developer. 6 Pahlisch Response to Russell Concepts * Proposal 1 Background: Pahlisch Homes currently owns 26 lots in Phase 2c and owns the raw land in Phase 2b that has 100 tentative plated lots. These 126 total lots have adequate PRC/TDC Credits allocated to them so construction of the homes can proceed without additional cost. They have based their response to Vic Russell’s proposal on the information provided and his proposed remedies. The following remedies would be considered equitable and supported by Pahlisch Homes. Proposal 1) the elimination of the program we would request (126 lots * $4500/lot = $567,000) $567,000 cash reimbursement for our existing credits from the County. This money can come from Russell or in combination from the County TDC/PRC program to be worked out by the County. 7 Pahlisch Response to Russell Concepts * Proposal 2 Proposal 2) Vic Russell pays $567,000 cash directly to Pahlisch Homes as reimbursement for existing credits within an agreed time frame secured by personal notes agreeable to Pahlisch This proposal would be if the County drops the TDC/PRC program all together retroactive to Jan 1st 2015 and does not require any payment From Russell for platting his lots in future toward the TDC/PRC program. 8 Amend La Pine Zoning Code and/or Submit City Land Use Application 2 Vic Russell explores, a) amending the La Pine zoning code to remove TDC/PRC obligation and/or b) submitting a new tentative plat for Quadrant 1a, with a burden of proof demonstrating TDC/PRCs no longer apply 2 Option 8 was discussed as a possibility by Rick Allen, interim La Pine City Manager. [Type text] MEMORANDUM DATE: January 21, 2015 TO: Deschutes County Board of County Commissioners FROM: Matthew Martin, Associate Planner RE: Historic Preservation Strategic Plan Certified Local Government Grant Application / Permission to Proceed The purpose of this memorandum is to introduce the historic preservation strategic plan for review and acknowledgment of the Board of County Commissioners (BOCC) and also receive support to apply for a $13,000.00 Certified Local Government (CLG) grant. Historic Preservation Strategic Plan I. Background The Community Development Department (CDD) presented a draft Scope of Work for the development of a historic preservation strategic plan to the Historic Landmarks Commission (HLC) in November 2013. In June 2014, the BOCC approved as part of CDD’s FY 2014/2015 work plan, developing said plan that provides a framework for shaping Deschutes County and City of Sisters’ preservation programs and services over the next five years and creates a blueprint for allocating Certified Local Government grant funding. II. Plan Development The process of developing the strategic plan spanned the months of September, October, and November. Staff conducted a public outreach campaign to solicit feedback from stakeholders, historic landmark owners, and community members. The outreach included community meetings, interviews, and an on-line survey to provide a variety of opportunities and formats to participate. Following the outreach, staff presented a draft plan to the HLC on December 8, 2014 for initial comments. As a result, many of the comments received from throughout the plan development process have been incorporated into the final strategic plan. III. Review and Acknowledgement Staff will present the final plan (attached) to the HLC on February 2nd. In anticipation of the HLC approving the plan, staff has scheduled a work session with the BOCC on February 4th to review and acknowledge the plan. Because the HLC also serves the City of Sisters, the strategic plan will be presented to the Sisters City Council for review and acknowledgment on February 12th. Certified Local Government Grant Application Every twenty-four months, the State Historic Preservation Office (SHPO) offers matching grants to cities and counties that have been “certified” as historic preservation partners with both the state and federal governments. Deschutes County is a CLG and thereby eligible for the grant. CDD wants to prepare, with the support of the BOCC and HLC, an application for the 2015- 2016 grant cycle. CLG grants assist local governments with their historic preservation programs on a non-competitive basis in order to ensure that all localities benefit. The maximum award for each locality is $13,000.00 based on fund availability and requires a 50/50 match of local funds or donated services/supplies. State and federal requirements regulate the CLG grant, including project budget, project timeline, inspections and audits, reports and billings, consultant/contractor standards, etc. CDD has been the recipient and beneficiary of CLG grants for several years. Staff relies on the professional input and direction of the HLC, an appointed body that provides technical expertise on historic and cultural resources issues for the rural county and city of Sisters, to customize grant proposals. The historic preservation strategic plan has identified several projects to consider for CLG funding over the next 5 years. The priorities to consider for this grant cycle include:  Provide staffing for the HLC  Continue support for Historic Preservation Month activities in May  Support historical education field trips  Collaborate with Des Chutes Historical Society to support technology upgrades for archive scanning project Upon receiving BOCC support for pursuing the CLG grant, staff will coordinate with the HLC to finalize the grant application to submit by the February 27, 2015 deadline. Attachment: Historic Preservation Strategic Plan Deschutes County & City of Sisters Deschutes County & City of Sisters Historic Preservation Program Historic Preservation Program 20152015--2020 Strategic Plan 2020 Strategic Plan January 13, 2015 Community Development Department 117 NW Lafayette Avenue Bend, Oregon 97701 Main Line: 541-388-6575 Fax: 541-385-1764 www.deschutes.org/cdd Acknowledgements Preparation of the Deschutes County and City of Sisters Historic Preservation Strategic Plan was made possible through the cooperative efforts of many public and private residents and stakeholders. Deschutes County and the City of Sisters extend their appreciation to all those that participated and contributed to this process. Board of County Commissioners Anthony DeBone, Chair Alan Unger, Vice Chair Tammy Baney Sisters City Council Chris Frye, Mayor McKibben Womack, President David Asson Wendy Holzman Nancy Connolly Historic Landmarks Commission Broc Stenman, Chair Sharon Leighty, Vice Chair Christine Horting-Jones Dennis Smidling Kelly Maddon Bill Olsen Ray Solley Rachel Stemach Deschutes County Planning Staff Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager Matthew Martin, AICP, Associate Planner Cynthia Smidt, Associate Planner City of Sisters Planning Staff Pauline Hardie, Director Eric Porter, Senior Planner DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN 3 I. Executive Summary .............................................................................. 4 II. Overview ................................................................................................ 5 III. Background .............................................................................................. 6 IV. Historic Preservation Policies .............................................................. 7 Deschutes County ......................................................................................................... 7 City of Sisters ................................................................................................................. 8 V. Historic Resources ................................................................................. 9 VI. Historic Resource Lists ....................................................................... 10 Deschutes County ....................................................................................................... 10 City of Sisters ............................................................................................................... 13 National Register of Historic Places ......................................................................... 14 VII. Plan Development ............................................................................... 15 VIII. Plan Elements ...................................................................................... 16 APPENDIX-DIRECTORY ............................................................................. 18 Executive Summary The Deschutes County and City of Sisters Historic Preservation Strategic Plan 2015-2020 provides a framework for shaping the county and City of Sisters’ preservation programs and services over the next five years and creates a blueprint for allocating Certified Local Government (CLG) grant funding. Currently, Deschutes County and its Historic Landmarks Commission (HLC), which also serves the City of Sisters, rely on CLG grants administered through the Oregon State Historic Preservation Office (SHPO). They are awarded to eligible local governments in the spring of every odd numbered year. The grant period lasts approximately sixteen to eighteen months. The grants, which require a 50/50 match are typically in the $10,000 to $14,000 range and used for a broad range of preservation activities. Developing a Strategic Plan enables staff and HLC to reach out to our municipal partners, SHPO, historic landmark property owners, stakeholders, and the public to prioritize preservation programs that build upon existing projects and promote collaboration. This effort also takes into account finite in-kind resources from Deschutes County and Sisters. Both rely on their Community Development Department (CDD) to manage the CLG program and the HLC as outlined in the annual CDD work plan. To prepare this plan, Deschutes County staff solicited the guidance of a broad spectrum of people and organizations: community meetings provided opportunity for public input; stakeholder interviews were held to understand their unique and qualified opinions; and an on-line survey was established to provide additional feedback. The HLC finalized ad supports the entire plan and its priorities and will review it annually to evaluate new implementation opportunities and provide direction. The mission of the HLC is to preserve the City of Sisters and Deschutes County’s significant historic and archaeological resources and to encourage greater public understanding and appreciation. The plan identifies three goals, with associated objectives and actions, which are intended to guide and measure the success of the program: 1. Collaborate: Strengthen the network of historic preservation and community partners through collaboration. 2. Coordinate: Facilitate program administration and special projects that provide opportunities to expand the scope and benefits of the historic preservation. 3. Educate: Promote educational opportunities highlighting the value, benefits, responsibilities, and requirements of historic preservation. 4 DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN HLC Site Visit to Lynch and Roberts Store Advertisement Overview Historic resources are recognized by Statewide Planning Goal 5, Natural Resources, Scenic Views and Historic Areas and Open Spaces, and Oregon Administrative Rule (OAR) 660-023. The Statewide Goal and OAR recommend cites and counties inventory and protect historic and cultural sites. Recognizing the value and importance of having a connection to our past, Deschutes County and the City of Sisters have chosen implement and maintain a historic preservation program. What is a Historic Resource? Historic landmarks connect us to the past and teach us how people in different eras worked and interacted within their surroundings. Historic resources are the buildings, structures, sites, districts, and large objects that have survived to the present. Examples include houses, cemeteries, bridges, camps, and archaeological sites. They are important because of their association with significant local, state or national themes, events, individuals or eras in history. They also include traditional cultural places which are not obvious constructions because they are no longer present but continue to have significant meaning such as traditional Native Americans meeting places. These landmarks enrich the community by providing tangible evidence of our heritage. Why Preserve the Past? As described by the National Trust for Historic Preservation, historic preservation means saving the story of us—the communities we cherish, the parks we love, the buildings we admire, the little stories we always share with visitors. From ancient cultures through the growth of our current communities, it is about saving the places, buildings, artifacts, stories and memories that preserve and enhance our human experience. DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN 5 2014 Historic Landmarks Commission (L-R Dennis Smidling, Rachel Stemach, Bill Olsen, Sharon Leighty, Broc Stenman, Christine Horting-Jones, Kelly Madden (not pictured: Ray Solley)) Background Historic Preservation Program History In 1979, Deschutes County inventoried potential historic and cultural sites in the Resource Element of the Comprehensive Plan. The 1979 Comprehensive Plan included goals and policies to protect historic resources as well as provisions that the County establish a HLC and adopt an ordinance to protect designated historic sites. On September 17, 1980 the Board of County Commissioners adopted Ordinance PL-21, which established an HLC and created a process to evaluate, designate and regulate historic structures. The HLC subsequently, and over time, evaluated proposed historic sites. The resulting list of historically designated sites can be found in the Comprehensive Plans of Deschutes County and the City of Sisters and on pages 7 and 8 of this plan. Starting in 1997, all historic and cultural designations were initiated at the request of property owners through the Comprehensive Plan text amendment process. The HLC serves as an advisory body for issues concerning historic and cultural resources for unincorporated Deschutes County and the City of Sisters and reviews development applications for alterations to designated historic sites. In addition and specific to Sisters, it reviews the exterior treatments of buildings applying the Western Frontier Architectural Design Theme. Since 2011, Deschutes County and Sisters reorganized and created their own program as a result of the Cities of Bend, La Pine and Redmond wanting autonomy as an independent CLG. 6 DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN Map of Historic Landmarks Commissions in Deschutes County Deschutes County Comprehensive Plan In 2011, Deschutes County updated its Comprehensive Plan, a policy document that provides a framework for addressing resource protection, rural growth and development over a 20 year period (2010-2030). The update was performed to ensure a consistent policy framework for land use planning and development that reflects current conditions and trends, recent population projections, state law, and community values. The Comprehensive Plan goals and policies addressing cultural and historic resources are summarized below. Section 2.11 Cultural and Historic Resources Goal and Policies Goal 1 - Promote the preservation of designated historic and cultural resources through education, incentives and voluntary programs. Policy 2.11.1 The Historic Landmarks Commission shall take the lead in promoting historic and cultural resource preservation as defined in DCC 2.28. a. Support incentives for private landowners to protect and restore historic resources. b. Support the Historic Landmarks Commission to promote educational programs to inform the public of the values of historic preservation. c. Support improved training for the Historic Landmarks Commission. Policy 2.11.2 Coordinate cultural and historic preservation with the Oregon State Historic Preservation Office. a. Maintain Deschutes County as a Certified Local Government. b. Encourage private property owners to coordinate with the State Historic Preservation Office. Policy 2.11.3 Encourage the preservation of lands with significant historic or cultural resources. a. Develop and maintain a comprehensive list of sites on the National Register of Historic Places. b. Review County Code and revise as needed to provide incentives and adequate regulations to preserve sites listed on the Statewide Goal 5 historic and cultural inventory. Policy 2.11.4 Goal 5 historic inventories, ESEEs and programs are retained and not repealed, except for the amendment noted in Ordinance 2011-003. DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN 7 Historic Preservation Policies City of Sisters Comprehensive Plan The Sisters Urban Area Comprehensive Plan includes the city of Sisters and an area surrounding the city which is expected to become urbanized by the year 2025. The basic purpose of the Comprehensive Plan is to guide future development of the area within a framework of goals and policies which are consistent with the physical characteristics, attitudes, and resources of the Sisters community and to organize and coordinate complex interrelationships between people, land, resources and facilities in a manner which will protect the health, safety, welfare and convenience of its citizens. Sisters’ Comprehensive Plan goals and policies addressing cultural and historic resources are summarized below. Goal 5: Open Space, Scenic and Historic Areas, Natural Resources 5.1 Goal - “To protect natural resources and conserve scenic and historic areas and open spaces.” 5.4 Policies ... 2. The City shall identify and protect historical sites within the Urban Growth Boundary. Tasks – a. The Sisters City Council has entered into an agreement with the Deschutes County Landmarks Commission to periodically investigate and identify historic sites within the City Limits and study various means of interpreting local history. b. The Sisters City Council should review the policy relating to historical signs and plaques per City Council action of October 9, 1980 (ORD. 138) c. The City should encourage the placement of heritage markers on historical buildings for identification through the Development Code. d. Residential renovations and/or historic building designations (National Register of Historic Places) should be promoted and encouraged by the City to help upgrade and preserve older housing stock. 8 D ESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN Historic Preservation Policies Historic Photo of Cascade Avenue, Sisters DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN 9 Historic Landmarks Story Map Historic Resource Designation The Deschutes County HLC is part of a nation-wide network of groups dedicated to the preservation and celebration of our heritage. The HLC is responsible for reviewing and maintaining the Goal 5 list of designated historic resources. The resulting inventory of historically designated sites is formally adopted in the Comprehensive Plans of Deschutes County and the City of Sisters. In addition, the National Register of Historic Places catalogs and protects properties worthy of preservation because of their significance to our nation’s history, architecture, landscape, archeology, engineering, and/or culture. As a CLG, the Deschutes County HLC is responsible for oversight of both the locally and nationally designated resources. Both are detailed on pages 10 -14 of this plan. Deschutes Landmarks Story Map An ongoing goal of the preservation program has been to make historic resources more accessible and engaging to interested parties. As technologies evolve, new opportunities are available to further this goal. One such technology is the ESRI Story Map. With assistance from a CLG grant, volunteer photographers from the Central Oregon Photography Club photographed all the listed historic landmarks located in rural Deschutes County and the city of Sisters. These photographs are incorporated into an interactive Story Map managed by the Community Development Department enabling viewers to learn more about the historic and cultural heritage of each property. The website address is: deschutes.maps.arcgis.com/home. The mapping program allows the user to zoom in and out on the map pane to identify historic landmarks. Another option is to toggle between the photo list of structures, places, and sites. A click on the photo or the mapped marker provides historic information and additional photographs of each site. The flexibility of the program will allow ongoing refinement and evolution to incorporate additional photos and expanded resource descriptions. The ESRI Story Map can also include adding archeological sites or historic resources of other local jurisdictions to provide a comprehensive resource throughout Deschutes County. Historic Resources 10 D ESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN Deschutes County Goal 5 - Cultural and Historic Resources Alfalfa Grange: Grange building and community center, built in 1930. Allen Ranch Cemetery: Oldest cemetery in Deschutes County. Fall River Fish Hatchery “Ice House”: The hatchery “Ice House” dates from the beginning of fishery management in Oregon, circa 1920. Long Hollow Ranch – Black Butte: Headquarters complex of historic ranch including headquarters house, ranch commissary, equipment shed, barn and bunkhouse. Swamp Ranch – Black Butte: The present day site of the Black Butte Ranch was part of the vast holdings of the Black Butte Land and Livestock Company in 1904. Brothers School: Only one-room schoolhouse currently in use in Deschutes County. Bull Creek Dam: The Bull Creek Dam, a component of the Tumalo Irrigation Project was constructed in 1914 to form a water storage reservoir to increase the amount of irrigated acreage at Tumalo. Bull Creek Dam Bridge (Tumalo Irrigation Ditch Bridge): Built in 1914, the bridge spans the Bull Creek dam. The structure is the oldest bridge in Deschutes County. Camp Abbot Site, Officers’ Club: Officers’ Club for former military camp, currently identified as Great Hall in Sunriver. Camp Polk Cemetery: One of the last remaining pioneer cemeteries. Camp Polk Military Post Site: One of the oldest military sites in Deschutes County. Cline Falls Power Plant: Early hydropower site on the Deschutes River including dam, penstock and powerhouse. Cloverdale School: One-room school building in Cloverdale. First building built in Cloverdale. Eastern Star Grange: Grange hall for earliest grange organized in Deschutes County. Brothers School Camp Polk Cemetery Historic Resource Lists Alfalfa Grange DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN 11 Deschutes County Goal 5 - Cultural and Historic Resources Continued Enoch Cyrus Homestead Hay Station and Blacksmith Shop: The original homestead of Oscar Maxwell, built in 1892 and purchased in 1900 by Enoch Cyrus. Important stage/store stop for early travelers. Fremont Meadow: A small natural meadow on Tumalo Creek used as campsite for 1843 Fremont expedition. Harper School: One-room schoolhouse. Improved Order of Redmond Cemetery: Historic cemetery used by residents of La Pine/Rosland area. Laidlaw Bank and Trust: One of the few remaining commer- cial buildings from the community of Laidlaw. La Pine Commercial Club: Building was built in 1912 as a community center, serving as a regular meeting place for civic organizations and occasionally served as a church. One of the oldest and continuously used buildings in La Pine. Lynch and Roberts Store Advertisement: Ad advertising sign painted on a soft volcanic ash surface. Only area example of early advertising on natural material. Lynch and Roberts estab- lished mercantile in Redmond in 1913. Maston Cemetery: One of the oldest cemeteries in County. Oldest grave marker is 1901. George Millican Ranch and Mill Site: Ranch established in 1886. George Millican Townsite: Town established 1913. Site includes store and garage buildings, which retain none of the architectural integrity from era. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and structures erected by Rasmus Petersen. The site has been a tourist attraction for over 60 years. (also on Na- tional Register of Historic Places) Pickett’s Island: After originally settling in Crook County, Marsh Awbrey moved to Bend and then homesteaded on this island in the Deschutes River south of Tumalo. The site was an early ford for pioneers. Rease (Paulina Prairie) Cemetery: Historic cemetery on Elizabeth Victoria Castle Rease and Denison Rease’s homestead. George Millican Ranch and Mill Site Historic Resource Lists Enoch Cyrus Homestead Laidlaw Bank and Trust Pickett’s Island 12 DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN Deschutes County Goal 5 - Cultural and Historic Resources Continued Terrebonne Ladies Pioneer Club: The Club was organized in 1910 and the building has been a community-meeting place since 1911. Tetherow House and Crossing: Tetherow House was built in 1878 and is the oldest house in the County. The Tetherows operated a toll bridge, store and livery stable for travelers. Tumalo Creek – Diversion Dam: The original headgate and diversion dam for the feed canal was constructed in 1914. Tumalo Community Church: The building is the oldest church in the County, built in 1905. Tumalo Project Dam: Concrete core, earth-filled dam was first project by State of Oregon to use State monies for reclamation project. William P. Vandevert Ranch Homestead House: The homestead was established in 1892. Vandevert family history in the area spans 100 years. Kathryn Grace Clark Vandevert Grave: Kathryn Grace Vandevert, daughter of William P. Vandevert, died of influenza during the epidemic of 1918. Young School: Built in 1928, it is an excellent example of a rural one-room school which served homesteaders of the 1920s. Agnes Mae Allen Sottong and Henry J. Sottong House and Barn: House and barn are constructed with lumber milled on the property in a portable sawmill run by the Pine Forest Lumber Company in 1911. Tumalo Community Church Historic Resource Lists Terrebonne Ladies Pioneer Club Young School DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN 13 City of Sisters Inventory of Historic Sites Aitken Drugstore: One of the few business buildings remaining from Sisters' disastrous fires in the early 1920s. Hotel Sisters: Built in 1912 and had 19 rooms with amenities uncommon in the area at that time. Hardy Allen House: Early settlers of Central Oregon, the Allens built this house in 1908. Leithauser Store: The Leithauser Store was built in 1925 by Peter Leithauser and operated as his store until 1950. Historic Photo of Hotel Sisters Recent Photo of Hotel Sisters Historic Photo of Aitken Drugstore Recent Photo of Aitken Drugstore Historic Resource Lists 14 DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN National Register of Historic Places Elk Lake Guard Station: A wagon road built in 1920 between Elk Lake and Bend sparked a wave of tourism around the scenic waterfront. To protect natural resources of the Deschutes National Forest and provide visitor information to guests, the Elk Lake Guard Station was constructed in 1929 to house a forest guard. Paulina Lake Guard Station: The station typifies the construction projects undertaken by the Civilian Con- servation Corps and signifies the aid to the local community provided by the emergency work‐relief pro- gram through employment of youth and experienced craftsmen, purchase of building materials and camp supplies, and personal expenditures of enrollees. Skyliners Lodge: The Skyliners are a Bend‐based mountaineering club organized in 1927. In 1935, the group started building the Skyliners Lodge with help from the Deschutes National Forest, the Economic Re- covery Act and the City of Bend. McKenzie Highway: The McKenzie Salt Springs and Deschutes Wagon Road, a predecessor to the modern McKenzie Highway, was construct- ed in the 1860s and 1870s. Rock O’ The Range Bridge: Rock O’ The Range is the only covered span east of the Cascades in Oregon. To gain access to his property, William Bowen instructed Maurice Olson—a local contractor—to build a bridge inspired by Lane County’s Goodpasture Bridge. Santiam Wagon Road: The Santiam Wagon Road went from Sweet Home to Cache Creek Toll Station. The road was conceived of in 1859 to create a route across the Cascades. By the 1890s the road had become a major trade route. Deedon, Edand Genvieve Homestead: The homestead is located between the Deschutes River and the Little Deschutes River. All of the buildings were constructed between 1914 and 1915. Gerking, Jonathan N.B. Homestead: Jonathan N.B. Gerking, “Father of the Tumalo Irrigation Project,” played a crucial role in getting the project recognized and funded. Paulina Lake IOOF Organization: The Paulina Lake I.O.O.F. Organization camp was constructed during the depression era and are the result of cooperative efforts by nonprofessional builders. Such camp build- ings are important in Oregon’s recreational history as an unusual expression of both its rustic style and its vernacular traditions. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and structures erected by Rasmus Petersen. The site has been a tourist attraction for over 60 years. Wilson, William T.E. Homestead: This homestead house was built in 1903 and has an “American Foursquare” architectural style. Original Sisters High School: In 1939, the construction of the Sisters High School was constructed in 1939 and was financed with a Public Works Administration (PWA) grant. Its style, Colonial Revival, was one of the most common architectural styles used for PWA schools. Santiam Wagon Road Historic Resource Lists Skyliners Lodge Peterson Rock Gardens Plan Development Community Involvement Deschutes County values public involvement, recognizing it is a critical part of evaluating public policy and land use planning processes. Understanding the perspective, goals, interests, and concerns of the community allows decision makers to make informed decisions. Recognizing this, the Planning Division conducted an outreach campaign focused on historic preservation. In the fall of 2014, staff held three (3) community conversations in Bend and Sisters.  Meeting announcements were provided in a variety of formats to reach the largest population of interested parties * Press release to the media * Targeted mailings to listed Historic Property Owners * E-mail distribution to 15 stakeholders, several of which further distributed the information to their network of members and partners * CDD bi-monthly newsletter emailed to interested citizens and organizations * CDD website, with links meeting and background information  Community conversations used the same general format. * A PowerPoint presentation introduced the history of historic preservation in Deschutes County, project background, and purpose of the meeting. * Open Forum providing attendees opportunity to share ideas for future of historic preservation program. DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN 15 Meeting Announcement Community Conversation Power Point Slide  Questionnaires and an informal survey were also utilized. * In addition to the open forum, all participants were provided an opportunity to complete a questionnaire. This enabled participants to convey their thoughts privately. * Similar to the questionnaire, an on-line survey was created using the website www.surveymonkey.com to provide another opportunity to participate. A link to the survey was created on the County webpage directing and encouraging interested parties to provide feedback. A total of 25 surveys were completed.  Stakeholder Interviews * Stakeholder Interviews were held with individuals and interest groups to gather their opinions and perspectives on Deschutes County’s historic preservation program. Staff contacted 15 stakeholders and invited them to participate in a stakeholder meeting independent of the community conversations. Staff met with the City of Bend HLC, City of Redmond HLC, Deschutes Historical Society, State Historic Preservation Office, Pat Kliewer, and Michael Hall. Plan Elements 16 D ESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN Goals, Objectives, and Actions The following goals, objectives and actions reflect a general consensus of those who participated and the priorities of the Deschutes County Historic Landmarks Commission. Goals The goals are directly linked to the priorities expressed by the public, the HLC, the Sisters City Council, and the BOCC. Objectives The plan’s objectives describe elements of how the historic preservation program will approach the goals. Several of the objectives serve multiple goals but each is listed with its most relevant goal. Objectives are listed in rough priority order. Each has associated actions to implement. Actions The plan’s actions detail how the objectives will be accomplished over a 3 to 5 year time frame. Actions are listed as priorities and may apply to multiple objectives but are described in relation to their primary objective. Goal 1 - Collaborate: Strengthen the network of historic preservation and community partners through collaboration. Objective: Improve facilitation of Historic Preservation in the region to increase the visibility of and participation in historic preservation efforts throughout the county. Actions:  Establish the Des Chutes Historical Society as the hub of historic preservation programs.  Support and engage in Historic Preservation Month activities. Objective: Work with other HLCs and stakeholder groups to maximize impact and value to owners and general community. Actions:  Schedule annual meetings and/or presentations with other HLCs in the region.  Create and maintain a calendar of historic related events throughout the county.  Improve the management and access of historic property records in partnership with other agencies and local museum resources through support for technology upgrades. ACTIONS OBJECTIVES GOALS Plan Elements DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN 17 Goal 2 - Coordinate: Facilitate program administration and special projects that provide opportunities to expand the scope and benefits of the historic preservation. Objective: Expand and Improve Historic Preservation Program Administration. Actions:  Provide dedicated staff to facilitate and manage historic preservation program.  Conduct an inventory of potential properties eligible for landmark designation.  Enhance the Sisters/County focus in demonstrating best historic preservation practices.  Enhance archeological focus on archeological sites in Deschutes County.  Build oral history collection.  Review and update relevant county codes for consistency with state laws and policies. Objective: Improve access to historic resource information. Actions:  Regularly hold HLC meetings in Sisters and other regions of the county.  Provide more content to the “Story Map” descriptions.  Incorporate federal and archaeological sites into “Story Map” content.  Support tech upgrades at Des Chutes Historical Society to overhaul outdated equipment.  Complete scanning of historic property files located at the Des Chutes Historical Society.  Create driving tour app similar to Bend Heritage Walking Tour app. Objective: Improve relationships with historic resource owners. Actions:  Maintain regular contact with historic property owners such as scheduled mailers, phone calls, and visits to highlight benefits and responsibilities of designation.  Assign historic sites to landmarks commissioners to establish stronger relationships.  Support annual BBQ as thank you for historic property owners. Goal 3 - Educate: Promote educational opportunities highlighting the value, benefits, responsibilities, and requirements of historic preservation. Objective: Expand historic preservation education. Actions:  Conduct presentations throughout the county including community organizations and schools.  Increase visibility through published articles in various media outlets and formats.  Annual presentations to Board of County Commissioners and Sisters City Council.  Attend, present, and provide materials at Old St. Francis History Pub.  Preserve and/or replacement of historic site signage. Objective: Increase the attention paid to, and protection of, the historic rural county setting. Actions:  Fieldtrips that promote both public and other HLC participation.  Highlight importance and relevance of historic resources other that buildings and structures such as thee Santiam Wagon Road, tree blazes, and cemeteries. 18 DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN Historic Preservation Organizations - Local Archeological Society of Central Oregon www.ascoinfo.org ascomail@bendbroadband.com Bend Historic Landmarks Commission www.bend.or.us/index.aspx?page=673 541-388-5505 hkennedy@ci.bend.or.us Des Chutes Historical Society www.deschuteshistory.org 541-389-1813 Deschutes County & Sisters Historic Landmarks Commission www.deschutes.org/Community-Development/Historic-Landmarks.aspx 541-388-6575 matt.martin@deschutes.org Deschutes Land Trust www.deschuteslandtrust.org 541-330-0017 info@deschuteslandtrust.org Deschutes Pioneers’ Association www.deschutespioneers.org membership@deschutespioneers.org Greater Redmond Historical Society www.redmondmuseum.org 541-316-1777 redmondmuseum@bendbroadband.com La Pine Historic Landmarks Commission www.ci.la-pine.or.us 541-536-1432 info@ci.la-pine.or.us Redmond Historic Landmarks Commission www.redmond.or.us/government/commissions-committees/historic-landmarks-commission 541-923-7710 Sisters County Historical Society www.sisterscountryhistoricalsociety.org historian@sisterscountryhistoricalsociety.org Appendix — Directory DESCHUTES COUNTY HISTORIC PRESERVATION STRATEGIC PLAN 19 Historic Preservation Organizations - State & Federal National Parks Service-National Register of Historic Places www.nps.gov/nr/preservation_links.htm 202-354-2225 Oregon Cultural Trust www.culturaltrust.org 503-986-0088 cultural.trust@oregon.gov Oregon Heritage www.oregonheritage.org 503-986-0690 Heritage.Programs@oregon.gov Oregon Historical Society www.ohs.org 503-306-5198 orhist@ohs.org Oregon State Historic Preservation Office www.oregon.gov/oprd/HCD/SHPO/Pages/index.aspx 503-986-0690 Restore Oregon www.restoreoregon.org 503-243-1923 info@restoreoregon.org Appendix — Directory Deschutes County encourages persons with disabilities to participate in all programs and activities. If you need to request this information in an alternate format please contact Anna Johnson. Anna Johnson | Public Communications Coordinator Deschutes County Administration 1300 NW Wall St., Ste. 200 | Bend, Oregon 97701 O: (541) 330-4640 | C: (541) 280-5263 | Anna.Johnson@deschutes.org www.deschutes.org