2011-2941-Minutes for Meeting June 15,2011 Recorded 7/7/2011COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKOS U 2011-29C
COMMISSIONERS' JOURNAL 07/07/201108:29:54 AM
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Deschutes County Clerk
Certificate Page
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JUNE 159 2011
Present were Commissioners Tammy Baney, Anthony DeBone and Allan Unger.
Also present were Dave Kanner, County Administrator; and, for a portion of the
meeting, Hillary Saraceno, Children & Families Commission; Tom Anderson,
Paul Blikstad and Nick Lelack, Community Development; Laurie Craghead,
County Counsel; and six other citizens.
Chair Baney opened the meeting at 2:05 p. m.
1. Discussion of Request from High Desert ESD regarding County Funding.
Discussion took place regarding the program that is in jeopardy. Advocates
pointed out that in the long-term, the program will save the County money.
Chair Baney said that there could be years when no community investment
funds will be available, and asked for a backup plan.
Paul Andrews said that with advance notice, they would approach other entities
and the Districts so appropriate planning can take place. The School Districts
and the County are the logical partners in this.
Steve Swisher, Vice Chair of the Children & Families Commission and a retired
school superintendent, stated that his picture is more global than that. Over
time, this program is extremely important and is a core program for other
things, and he would like to find more permanent funding for these kinds of
core programs. A small levy might be approved by taxpayers for programs that
are cost-effective. It is a great return on investment for the dollars spent.
Chair Baney asked for his opinion on Early HeadStart. Mr. Swisher stated that
it is an important program as a part of prevention as well.
Minutes of Board of Commissioners' Work Session Wednesday, June 15, 2011
Page 1 of 7 Pages
Commissioner Unger asked for clarification on how it works when the children
are so young. Mr. Andrews said that the hope is that they never touch the
Juvenile Justice system, but those that are at risk can be identified at that young
age.
Chair Baney asked if all school districts contribute. Mr. Andrews stated they
do. Mr. Swisher said that in Lane County, he was part of the original pilot
program, which was federally funded. Several of the Districts use their funds to
continue this work.
Commissioner Unger asked why this program went from a permanent status to
a competitive process. Chair Baney said that alternatives to incarceration were
analyzed to see if they enhance what the County already does. The thought was
that the dollars should go into community investment in general. The funds can
only be used for certain things by service partners. The funds are for the most
part discretionary. Dave Kanner said that it started out with the same people
asking for the same money each year. The County-run programs started being
funded out of the general fund and the others now have to apply.
Chair Baney pointed out that the biggest issue with this application is that the
deadline for submission was missed. Further, they have been partners for
fifteen years, but the County now provides half of the funding. The program is
beneficial, but if the County does not have the general funds to support it in the
future, the result is not good. She would like to see more efforts to obtain
community support.
Most counties are not able to invest in outside groups, as they have to make
sure internal County functions and services are supported. This is not a
mandatory program, and the County may not always be able to support them.
There are many great programs that deserve support, but there could be a time
when they will have to rely on other sources of funding.
Mr. Andrews stated that he was not aware that the County wants to have them
seek funding elsewhere. He fears that if not funded this year, the program will
go away. He would like to review this during the coming year to determine
how to handle future funding.
Minutes of Board of Commissioners' Work Session Wednesday, June 15, 2011
Page 2 of 7 Pages
Commissioner DeBone agreed. Commissioner Unger would like to see the
Districts and ESD fully understand the complexities and the challenges. He
understands the issue and wants to fund them this year, but next year they need
to be on top of the process.
Mr. Swisher said that he wants to let the Commissioners know that he hopes to
work for them over the next few years towards making the program's funding
stable.
Mr. Kanner stated that funds for the community programs come before the
Board next week, and the Board could choose to de-fund another group in the
amount of $25,000. Or, they could take funding out of the video lottery or
contingency fund.
UNGER: Move the video lottery contingency fund be adjusted by $25,000 to
allow for funding for the First Steps program through the High
Desert ESD for Fiscal Year 2011-12.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
2. Review of Draft Event Venue Text Amendment.
Mr. Lelack gave an overview of the issue, referring to a matrix of
considerations for event venues that are not a farm use. The County would
draft a proposal to take through a public process; there is no existing proposal.
The text amendment would be relatively short and would relate to private parks
and events. This applies to farmland and not forest zones.
Commissioner Unger asked about the consequences of a private park on the
property and the owners; are there long-term ramifications. Mr. Lelack stated
that other counties have taken action to approve these, and some put in four-
year limitations. However, SB 960 means the land use would run with the
property. It would allow a limited use, which is not well defined, but would
require a license that must be renewed every two years.
SB 960 means the land use would not expire, but the license could.
Minutes of Board of Commissioners' Work Session Wednesday, June 15, 2011
Page 3 of 7 Pages
Laurie Craghead stated that the use cannot be permitted outright. The SB
appears to be moving forward in the legislature.
Chair Baney said sometimes there is the practical application and the legal
process, which could be different.
Tom Anderson said that the land use could be allowed, but the use reviewed
every two years or so. Ms. Craghead asked what a violation would entail;
would a public process be required.
Commissioner Unger said there are other kinds of licenses or permits that come
up for review. There are expectations of the permitted use and they need to be
met. Mr. Kanner asked how this would be determined. There need to be clear
and objective criteria that makes it easier for staff to make a review. The
conditional use permit expires after four years, at which time the application has
to be reviewed. It could come before the Board and any violations or issues
could be addressed then.
Ms. Craghead confirmed that there are other reasons for a private park other
than weddings. There could be soccer fields or trails, or other kinds of uses. If
they are getting paid for the use, it is a commercial event.
Mr. Lelack said SB 960 is specifically related to farm use, such as a corn maze
or a fruit stand. A lot of properties might fall under this, but others will not be
able to demonstrate an event is related to any farm use. This is where the
private park comes in.
Mr. Anderson stated that the private park issue will solve some issues but not
all. The income task may be an issue if the use is challenged. There has to be
a working farm for SB 960 to come into play.
The Commissioners agreed that they need to continue forward regardless of SB
960 since the ramifications of its passage will not be known for a while.
Mr. Lelack brought up setbacks, and whether landscaping or berming might be
required. Mr. Anderson said that septic systems is also an issue. Perhaps the
Board does not want to get into whether porta-potties are adequate, but in any
case, he feels that hand-washing stations are necessary.
Minutes of Board of Commissioners' Work Session Wednesday, June 15, 2011
Page 4 of 7 Pages
The Commissioners felt that if the use is temporary, the portable equipment is
appropriate. Minimum standards should be porta-potties and hand-washing
stations. A lot depends on whether permanent structures are built for the use.
Most parks have restrooms, but the siting and construction have to be permitted,
and whatever is required for sanitation would have to be met.
The limitation would be 20 events in a calendar year, which each event being
one day. Mr. Lelack asked if any kind of notification is desired. SB 960 allows
for fewer events but they can last longer. As far as set-up and take down times
are concerned, SB 360 does not stipulate. Ms. Craghead said she feels that the
set-up and take down are not a part of the time allowed for the event.
Mr. Lelack said that a lot of people live on the property but others do not and
just let it be used. Ms. Craghead said they can apply for a modification of
approval as well. She said that even if there is no charge, there needs to be
compliance with building codes, etc.
The legislature should be done with this soon. There would be a public hearing
in September and then eventual implementation.
If something does not happen or happens, it shifts the conversation. Ms.
Craghead said the County may be able to be more restrictive in some ways.
Mr. Anderson said in two of the situations, they would be implementing State
law. The other one gives the Board discretion. They need to be good at
labeling the use and setting up the criteria.
In regard to property boundaries, it can be easily challenged as far as the
activity areas are concerned. The County could be challenged ass to
notification. Ms. Craghead is talking about notice only.
Mr. Anderson said the site plan review distances would be reviewed when the
site plan is submitted. However, it could be difficult to enforce if they decide to
move something.
Chair Baney said that perhaps they could allow just the wedding and not the
reception. Most of the angst seems to relate to having receptions.
Commissioner Unger stated it is a mass gathering and it would be hard to get
around this. Some people may want to have the wedding in a church and have
the reception in the country. And enforcement would still be difficult.
Minutes of Board of Commissioners' Work Session Wednesday, June 15, 2011
Page 5 of 7 Pages
The proposal will go to the Planning Commission for its input, and there will be
one more work session with the Board (probably on July 13) before it goes to a
Board business meeting, allowing for a 45-day notice.
3. Update of Commissioners' Meetings and Schedules.
None were discussed.
4. Other Items.
Mr. Kanner stated that the County is entitled to three seat appointments on the
EDCO Board. Lori Hancock of Sisters and Lee Smith are on the Board along
with Dave Kanner. Mr. Kanner said that the committees do much of the work.
Commissioner DeBone asked how he can get involved. Mr. Kanner indicated
that Mr. Smith may decide to step down anyway. The cities have seats on the
Board but do not provide much funding.
Chair Baney asked if the County can request another member. Mr. Kanner said
that the request will be made.
The 911 User Board is interested in creating a new district and going out for
more stable funding so they don't have to pursue a levy so often. The new
district would take in all but a small portion of the old district. The process is
complicated but would make the district more stable. It is not just Deschutes
County but other counties in the region. 911 is handled differently in the other
two counties.
The Commissioners thought that it might be a good time for a tri-county
meeting again. Commissioner Unger stated that they would need to include
more than just the governing body in something like this.
The meeting ended at 3:50 p.m., at which time the Board went into a
brief executive session under ORS 192.660(2) (b), a personnel matter.
Minutes of Board of Commissioners' Work Session Wednesday, June 15, 2011
Page 6 of 7 Pages
DATED this 00/-L---~Day of kkll~ 2011 for the
Deschutes County Board of Commissions.
ATTEST:
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Recording Secretary
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Tammy Baney, Chair
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Anthony DeBone, Vice Chair
Alan Unger, Commissioner
Minutes of Board of Commissioners' Work Session
Page 7 of 7 Pages
Wednesday, June 15, 2011
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
2:00 P.M., WEDNESDAY, JUNE 15, 2011
(Note later time)
Discussion of Request from High Desert ESD regarding County Funding - Paul
Andrews, High Desert ESD
2. Review of Draft Event Venue Text Amendment - Nick Lelack
3. Update of Commissioners' Meetings and Schedules
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 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues.
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
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STUDENT SUPPORT SERVICES
520 NW Wall Street . Bend, OR 97701 . 541-693-5700 . FAX 693-5701
MEMO OF EXPLANATION
DATE: June 8, 2011
TO: Deschutes County Board of Commissioners
Tammy Baney, Tony DeBone, Alan Unger
Through: Dave Kanner, Deschutes County Administrator
FROM: Paul Andre ESD/Executive Director of Children's Services
Mr. Kanner requested that I submit a memo of explanation as to why the High Desert
Education Service District did not get the Deschutes County Community Grant application
in on time.
Previous to last year, First Steps to Success was one of the Alternatives to Incarceration
programs that were not required to compete for resources. My understanding is that for
almost 14 years, there was not an application (other than through the Children and Family
Commission) that was required for First Steps to access the county BOCC dollars. Last
year that changed; we were required to apply and compete for the BOCC dollars and we
did. Our coordinator for the program did not recall that the process had changed last year.
She remembered that she had to submit the Commission grant application (which she did,
on time), but not that the process had changed last year so that she had to submit the
second application. As soon as she learned of the mistake, she submitted the application
that day, but it was after the application deadline.
We don't offer this as an excuse, simply an explanation. As the agency that runs the
program and manages the dollars, High Desert ESD is responsible for making sure that we
adapt to changes in process by our partners and funders. We hope, however, that our
mistake will not put this program in jeopardy.
(Attached to email - dave.kanner@co.deschutes.or.us)
a STUDENT SUPPORT SERVICES
520 NW Wall Street • Bend, OR 97701 • 541-693-5700 . FAX 693-5701
June 13, 2011
Deschutes County Commissioners
Tammy Baney, Tony DeBone, Alan Unger
1300 NW Wall Street, Suite 200
Bend, OR 97701
Dear County Commissioners: Tammy Baney, Tony DeBone, Alan Unger
I am writing to follow up on the presentation from High Desert ESD to the Deschutes County
Commissioners on June 1, 2011, concerning the funding for First Steps to Success. High Desert
ESD and Deschutes County have partnered to fund this program for almost fifteen years. It is our
sincere hope that we will continue to work together to ensure that First Steps is available to at-risk
children in our region for the foreseeable future.
Amount of Fundinq requested:
High Desert ESD is requesting $25,000 from the Deschutes County General Fund for next
year's funding. This is the same amount that we requested and received for the current
2010-2011 school year.
What the county is buying with their money:
By providing funding for First Steps to Success, the County is saving money by significantly
decreasing the likelihood that students who have participated in this program will enter the
Juvenile Justice system when they get older.
First Steps to Success is an evidence-based, preventive program developed at the
University of Oregon in the mid-1990s. It is designed to work with at-risk children while they
are still very young to increase their academic engagement and adaptive skills and to
decrease their maladaptive and aggressive behaviors. A great deal of research looking at
program outcomes has led the following agencies to certify the effectiveness of First Steps
to Success:
• Office of Juvenile Justice and Delinquency Prevention
• Hamilton Fish Institute (School Violence Prevention)
• Center for Mental health Services (Federal Department of Health and Human
Services)
• Communities that Care (Center for Substance Abuse Prevention)
Our own research in Deschutes County has shown that 93% of the children who participated
in First Steps increased their adaptive behavior and academic engagement time and that
90% decreased their maladaptive and aggressive behaviors. Additionally we have tracked
the students who participated in the First Step Program since 1998 through the Juvenile
Justice Information System, and 89% of the students we served over the past 11 years have
never received a referral to Juvenile Community Justice.
The bottom line is that the county general fund spent $25,000 last year to ensure that 89%
of at-risk K-3 students who participated in this program never entered the Juvenile Justice
system. We believe this to be a significant savings to the county.
What is being done to diversify the funding:
I am new to administering the First Steps Program, so Commissioner Baney's perspective
about diversification of funding was the first time I became aware that this has been a topic
of discussion around First Steps. I look forward to talking more about this topic when we
meet on June 15th. For the purpose of this letter, however, I looked back over the past five
years to determine the diversification of funding during that time. While the school districts
(through the ESD) and the County have always contributed to First Steps funding, the
amounts of each have varied from year to year. Additionally, there have been efforts during
that time to include other funding sources as well.
In 07-08, for example, the county (though the Children and Family Commission) funded
$64,000 of the $82,000 First Steps budget. Two years later, in 09-10, the county funded
$45,323 (through two different crime prevention pots of money), and the school districts
provided $23,303 for a total budget of $68,626. This year all three sources of funds (the
Commission, the county general fund and the districts) all decreased their funding for a total
budget of $57,942.
During that time, additional funding was provided by some modest donations, a Community
Justice grant, Foundations for Learning, and a presentation fee. The coordinator of First
Steps has written grants to the Oregon Community Foundation and other major foundations;
these foundations all cited increased demand for limited funds and were not able to fund
First Steps.
In looking at the outcomes of First Steps to Success, it is my opinion that the ESD and the
county are natural partners for funding this program. First Steps leads to greater academic
outcomes, which allows the schools to better serve all of their students. Additionally, First
Steps leads to a decrease in the likelihood that these children will enter the justice system
later in life. By increasing academic engagement and decreasing maladaptive behaviors
(thus keeping these children out of the county law enforcement system), both the county
and the schools greatly benefit from First Steps.
What will be the consequences of the county not funding First Steps:
The ESD will receive our allocation from the other two funding sources contingent upon
receiving funding from the County. The grant approved earlier this year by the Children and
Family Commission, for example, is specifically contingent upon receiving funding from the
Board of County Commissioners. Additionally, the Bend-LaPine School District, Redmond
School District, Sisters School District and High Desert ESD have approved their allocation
as leveraged funds to the amounts that the county and commission provide.
Without the requested funding, the program will cease to exist after July 1, 2011.
I can provide you with emails from teachers, testimonials by children, and letters from parents all
demonstrating that First Steps to Success has had an amazing impact on the lives of young
children and their families in our county. It is my sincere hope that we will be able to'continue our
partnership and work together to ensure that more children have access to this successful,
preventive program in the future.
Sincerely,
Paul Andrews, Executive Director of Children's Services
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
To: Board of County Commissioners
From: Nick Lelack, Planning Director
Paul Blikstad, Senior Planner
Date: June 15, 2011
Re: Draft Commercial Event Venues Text Amendment Work Session
BACKGROUND/SUMMARY
The purpose of this work session is for the Board to review the draft commercial event venue
text amendment and provide direction to staff on final changes prior to scheduling the first public
hearing.
On April 20, the Board provided direction to staff on the contents of a text amendment to
address commercial event venues in resource (farm and forest) zones. Assistant Legal
Counsel Laurie Craghead does not believe commercial event venues are allowed in forest
zones due to a recent Land Use Board of Appeals (LUBA) decision. She will be available to
discuss this case if requested by the Board. Therefore, the draft text amendment would only
allow commercial event venues in the Exclusive Farm Use (EFU) Zone.
Following this work session, staff will revise the draft text amendment based on the Board's
direction and develop draft findings to support the proposed text amendment. Staff proposes to
issue the 45-day notice for the first evidentiary public hearing by mid July for an early
September public hearing before the Board of Commissioners. The Planning Commission
would then review the proposed text amendment, as required by Deschutes County Code, in
late July and August.
DIRECTION
1. Staff seeks direction on revisions for the draft commercial event venue text amendment.
2. Staff seeks direction on whether to proceed with issuing the public hearing notice based on
the Board's revisions by mid July.
Quality Services Performed with Pride
Draft Definitions & Private Parks Event Venue TA
1. Amend Section 18.04.030 by adding the following definitions:
"Commercial Event" means a social gathering or activity in which the owner of
private property receives compensation to allow the gathering or activity to
occur on the property. Examples of social gatherings or activities include, but
are not limited to, weddings, receptions, family and class reunions, company
picnics or meetings, birthday and anniversary parties, and graduation parties.
"Event Venue" is a property used to host commercial events.
"Activity Areas" means all land, permanent and temporary structures, and
facilities used for the location and operation of the commercial event, including
parking and access.
"Permanent Structure" includes any conventional structure not otherwise
classified as a temporary structure.
"Temporary Structure" includes tents, cabanas, pavilions, trailers, chemical
toilet facilities, and other non-permanent structures customarily erected or sited
for temporary use.
2. Amend Section 18.16.031 Q, Exclusive Farm Use, Nonresidential Conditional
Uses on Nonhigh Value Farmland Only, as follows:
E. Private parks, including event venues, playgrounds, hunting and fishing
preserves and campgrounds. A private park used for an event venue is subject
to the provisions of DCC 8.08 (County Noise Control Ordinance), 18.16
(Exclusive Farm Use Zone), 18.124 (Site Plan Review), 18.128 (Conditional
Use), and all applicable federal, state and local laws, codes and ordinances.
3. Add the following section to Chapter 18.16, as new section 18.16.039 :
A private park used as an event venue site shall be subject to the following criteria,
and shall not be subject to outdoor mass gathering requirements:
Event Venue and Activity Areas
1. The event venue shall not displace any farming activity already existing
on the property or on adjacent properties.
2. The lot, parcel, or tract must contain an owner-occupied single-family
dwelling, and the event venue shall be operated by the owner(s) of the
property, exclusive of catering or other contracted services.
3. Except for a single-family dwelling on the subject property, only those
permanent structures lawfully existing on the date of application shall be
Draft Definitions & Private Parks Event Venue TA
used as activity areas. Temporary structures may also be used as part of
the activity areas. All structures are subject to fire, health and life safety
requirements.
4. A traffic management plan shall be submitted with the application and
shall address traffic at impacted roads and intersections, and on-site.
Traffic control shall comply with the current Manual on Traffic Control
Devices standards. Any flaggers shall be certified by the State of Oregon.
An Access Permit is required for the lot or parcel on which the activity
area is located.
5. Sight distance and roadways widths shall be adequate for the proposed
event venue use. Driveways extending from paved roads shall have a
paved apron, requiring review and approval by the County Road
Department. Roadways, driveway aprons, driveways and parking
surfaces shall be surfaces that prevent dust, and may include paving,
gravel, cinders, or bark/wood chips. Ongoing dust prevention shall be a
condition of approval.
6. Activity areas, including any permanent and temporary structures, shall
be sited and designed to minimize noise, glare, odor, traffic, and other
adverse impacts to dwellings on adjacent lots or parcels, and shall be at
least 100 feet from the closest property line. The Planning Director or
Hearings Body may require landscaping, berming, or other noise or sight
obscuring mechanism to ensure effective screening.
7. Prior to commencement of the use of a property as an event venue, the
applicant shall sign and record in the Deschutes County Official Records
a Conditions of Approval Agreement, prepared by the County.
8. Prior to commencement of the event venue use, a property owner shall
sign and record the farm and forest easement required under DCC
18.16.020(.)(6).
9. Site plan review shall be required for the proposed event venue site in
accordance with DCC 18.124, Site Plan Review. The application shall
describe the activity area, location of existing permanent and proposed
temporary structures, access/egress, sanitation and solid waste facilities,
and parking facilities.
10. The event venue shall comply with all requirements of the Deschutes
County Building Safety Division and the Environmental Soils Division
and any other applicable federal, state and local laws. Compliance with
the requirements of the Deschutes County Building Safety Division shall
include meeting all building occupancy classification requirements of the
state-adopted building code.
• M Draft Definitions & Private Parks Event Venue TA
11. The CUP shall expire four years from the date of the signed Conditions of
Approval Agreement. The property owner may re-apply for a CUP for
this use subject to the provisions in DCC 18.16.031(E) and 18.16.039. The
Site Plan shall remain valid provided no substantial changes to the use or
site have occurred.
12. BOARD DIRECTION: Tyne of sanitation facility requirements? Should
permanent sanitation facilities be required if "X" number of events are
planned for each calendar year?
Commercial Events
13. Commercial events shall be limited to 20 calendar days per calendar year,
exclusive of set-up and take-down activities. The event venue owner is
required to submit in writing the list of 20 calendar days per calendar
year by April l of the subject calendar year to Deschutes County's
Planning Division, Deschutes County Sheriffs Office and all property
owners within 1000 feet of the activity area. The event venue owner may
amend the list of commercial event dates by submitting the amended list
of dates to Deschutes County's Planning Division and Sheriffs Office and
all property owners within 1000 feet of the activity area in writing within
72 hours of any date change (new, cancelled or rescheduled event).
14. Sound amplification for commercial events shall be allowed between 8:00
a.m. and 8:00 p.m.; other activities may extend from 7:00 a.m. to 10:00
p.m. Commercial events are subject to the conditions of Deschutes
County Code 8.08, the County Noise Control Ordinance.
15. Commercial events shall begin no earlier than 7:00 a.m., and shall end no
later than 10:00 p.m. Set-up and take down shall occur during the same
time period up to one business day prior and one business day after the
commercial event.
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