2019-316-Minutes for Meeting June 03,2019 Recorded 7/22/2019BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
40 1 u
Recorded in Deschutes County CJ2019-316
Nancy Blankenship, County Clerk
Commissioners',Journal 07/22/2019 3:32:39 PM
co
2019-316
FOR RECORDING STAMP ONLY
ALLEN CONFERENCE ROOM
Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom
Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel;
and Sharon Keith, Board Executive Assistant. Several citizens and identified representatives of the
media were in attendance.
CALL TO ORDER: Chair Henderson called the meeting to order at 1:01 p.m.
ACTION ITEMS
1. Added Item: Dr. Conway, Health Services Director presented a request for a
letter of support for the CCBHC funding continuation. Funding would cover the
period between dune 30 and October 1. The Board expressed support.
2. USFS Presentation on Conceptual Smokejumper Visitor Center
County Administrator Tom Anderson presented the Redmond Smokejumper
and Wildland Fire Education Center project that began with a vision three years
BOCC MEETING JUNE 3, 2019 PAGE 1 OF 7
ago and today's presentation is to provide the Board with an update. Forest
Service representatives John Allen and Amy Tinderholt along with Senior Advisor
Joe Stutter presented. A presentation will also be made to the Redmond City
Council. A copy of the presentation is attached to the record. The estimated
cost of the center is $5.3 million. The partners in this project are US Forest
Service, Deschutes County, City of Redmond, Central Oregon Visitors
Association, and Discover Your Forests.
3. Letter of Support for Small Community Air Service Development Program
Grant Application
County Administrator Anderson presented a letter requested by the Economic
Development of Central Oregon the for a new air service route to San Jose. The
Board expressed support.
4. Letter of Support for ODOT US 97 - S Century to USFS Boundary
Abby Driscoll with ODOT along with Road Director Chris Doty presented the
design concept and presented a letter of support for consideration of Chair
signature. The project will extend the existing 4 -lane separated US 97 section
from South Century Drive to USFS Boundary. Commissioner Henderson would
rather see more money go into the Tumalo project.
ADAIR: Move Chair signature
DEBONE: Second
VOTE: ADAIR: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC MEETING JUNE 3, 2019 PAGE 2 OF 7
S. Spring River Road Easement Deed and Consideration of Document No.
2019-33S
Road Department Director Chris Doty reported on conversations with the
Crosswater Owners Association and negotiations on terms. The County has
agreed to remove the rumble strips within audible distance of Crosswater,
agreement for a prohibition on commercial activities within the right-of-way, and
$1,000 payable to the Association for legal expenses. Commissioner Henderson
recommended a slight language change.
ADAIR: Move approval of Document No. 2019-335
DEBONE: Second
VOTE: ADAIR: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
6. Overnight Parking Prohibition on Wharton Avenue (Tumalo)
Mr. Doty reported on a request presented to Commissioner Adair regarding
overnight camping in the right-of-way on and adjacent to Wharton Avenue in
Tumalo. Neighboring property owner is requesting an overnight camping
prohibition. Mr. Doty prepared a draft Order for consideration.
Discussion held on other public nuisance situations that present in the same
manner of overnight camping.
DEBONE: Move approval of Order No. 2019-016
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC MEETING JUNE 3, 2019 PAGE 3 OF 7
7. Update on Smith Rock Way
Mr. Doty reported on the history of the Smith Rock Parking Project. A copy of
the presentation along with six photographs is attached to the record. The park
has decided to abandon the shuttle bus concept and may consider developing a
parking lot near Wilcox/17th Street. The current proposal is to prohibit parking
on the north side of Wilcox to provide more space for pedestrians.
8. Discussion and Consideration of Document No. 2019-297 Appointment of
Successor Trustee and Document No. 2019-298 Request for Full
Reconveyance
Finance Director Wayne Lowry presented and reported the history on a parcel
owned by Lane Ball, Jr. In 1993, Mr. Ball became indebted to the County in the
sum of $5,000. The Finance department is unable to locate the promissory note
though Mr. Ball continues to assert he has made the full payment. The property
is located at 7184 Parkey Drive, Terrebonne. In order to release the debt and
clear the title, the trust deed needs to be reconveyed to Mr. Ball.
DEBONE: Move approval of Document No. 2019-297 and 2019-298
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
RECESS: At the time of 2:45 p.m. the Board took a recess and reconvened the
meeting at 2:53 p.m.
BOCC (MEETING JUNE 3, 2019 PAGE 4 OF 7
9. Adult Parole and Probation - Design Services
Lee Randall, Facilities Director and Ken Hales, Community Justice Director
presented the proposed design. Three firms responded to the request for
proposals. Two firms were selected for in-person interviews and a formal
scoring process was utilized to select the finalist. The team of Ascent
Architecture of Bend and PIVOT Architecture of Eugene scored the highest.
Discussion held on the design and estimated cost. The NOI/contract will come
to the Board for approval on June 12, 2019.
10. Consideration of Board Signature of Order No. 2019-023 Findings of Fact for
the Use of the Construction Manager/General Contractor (SM/GC) for the
Adult Parole & Probation / Sheriffs Office Work Center Remodel and
Expansion
ADAIR: Move approval of Order No. 2019-023
DEBONE: Second
VOTE: ADAIR: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
11.Public Hearing Preparation: Bigstock Outdoor Mass Gathering Permit,
18930 Couch Market Road, Bend
Matt Martin, Community Development Department presented. This is a
reoccurring event and is the second year at the location on Couch Market Road.
The applicant needs to submit their insurance as a requirement for the permit.
The charity is a fundraiser for Oregon Adapted Sports. The public hearing is
scheduled for Wednesday, June 5.
BOCC MEETING JUNE 3, 2019 PAGE 5 OF 7
12.Review of Draft Marijuana Production Decision, 70355 McKenzie Canyon
Road, Terrebonne
Matt Martin, Community Development presented the draft decision relative to
the denial of the marijuana production application for the subject property on
70355 McKenzie Canyon Road, Terrebonne. There was a failure of proof by the
applicant specific to utility capacity and also an issue of easement and property
access. Discussion held on language revisions and Adam Smith, Assistant Legal
Counsel will draft revisions. The item is included on the Wednesday, June 5
BOCC meeting agenda.
COMMISSIONER UPDATES
• Commissioner Adair attended the COIC budget meeting she asked them to
implement the Sunriver to La Pine bus service as soon as possible.
• Commissioner DeBone attended the Fall River Estates Special Road District
meeting
• Commissioner Henderson reported the legislative call and noted that the
Local Public Safety Committee meeting is tomorrow. The EOCA meeting is
being held on Friday in Bend.
EXECUTIVE SESSION:
At the time of 4:13 p.m. the Board went into Executive Session under ORS 192.660
(2) (e) Real Property Negotiations. The Board came out of Executive Session at 4:21
p.m. to direct staff to proceed as discussed.
At the time of 4:21 p.m. the Board went into Executive Session under ORS 192.660
(2) (e) Real Property Negotiations. The Board came out of Executive Session at 4:30
p.m. to direct staff to proceed as discussed.
BOCC MEETING JUNE 3, 2019 PAGE 6 OF 7
At the time of 4:34 p.m. the Board went into Executive Session under ORS 192.660
(2) (h) Litigation. The Board came out of Executive Session at 5:07 p.m.
At the time of 5:08 p.m. the Board went into Executive Session under ORS 192.660
(2) (d) Labor Negotiations. The Board came out of Executive Session at 5:12 p.m.
OTHER ITEMS:
Letter of Support: The Board will consider a letter of support request from
East Cascade Works at the BOCC meeting on Wednesday.
• Fee Waiver Request: CDD has received a request for a fee waiver (fire
related) that will be considered at the BOCC meeting on Wednesday.
Being no further items to come before the Board, the meeting was adjourned at 5:23 p,m.
J& I
ATTI A AI ® VICE CHAIR
BOCC MEETING JUNE 3, 2019 PAGE 7 OF 7
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:00 PM, MONDAY, JUNE 3, 2019
Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend
This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public
comment is not normally accepted. Written minutes are taken for the record
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
ACTION ITEMS
1:00 PM USFS Presentation on Conceptual Smokejumper Visitor Center
2. 1:30 PM Letter of Support for Small Community Air Service Development
Program Grant Application - Tom Anderson, County Administrator
3. 1:35 PM Letter of Support for ODOT US 97 - S Century to USFS Boundary - Chris
Doty, Road Department Director
4. 1:50 PM Spring River Road Easement Deed and Consideration of Document No.
2019-335 - Chris Doty, Road Department Director
5. 2:05 PM Overnight Parking Prohibition on Wharton Avenue (Tumalo) - Chris
Doty, Road Department Director
6. 2:20 PM Update on Smith Rock Way - Chris Doty, Road Department Director
Board of commissioners BOCC Meeting Agenda Monday, June 3, 2019 Page 1 of 3
7. 2:30 PM Discussion and Consideration of Document No. 2019-297
Appointment of Successor Trustee and Document No. 2019-298
Request for Full Reconveyance - Wayne Lowry, Finance
Director/Treasurer
8. 3:00 PM Adult Parole & Probation --Design Services - Lee Randall, Facilities
Director
9. 3:30 PM Consideration of Board Signature of Order No. 2019-023, Findings of
Fact for the Use of the Construction Manager/General Contractor
(CM/GC) for the Adult Parole & Probation/Sheriff's Office Work Center
Remodel and Expansion - Lee Randall, Facilities Director
10. 3:45 PM Public Hearing Preparation: Bigstock Outdoor Mass Gathering Permit
(18930 Couch Market Road, Bend) - Matthew Martin, Associate Planner
11. 4:00 PM Review of Draft Marijuana Production Decision (70355 McKenzie
Canyon Road, Terrebonne) - Matthew Martin, Associate Planner
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
Executive Sessions under ORS 192.660 (2) (e) Real Property Negotiations and ORS
192.660 (2) (h) Litigation
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
Board of Commissioners BOCC Meeting Agenda Monday, June 3, 2019 Page 2 of 3
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
Meeting dates and times are subject to change. If you have questions, please call (541) 388-6572.
Board of Commissioners BOCC Meeting Agenda Monday, June 3, 2019 Page 3 of 3
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_< HEALTH SERVICES • BEHAVIORAL HEALTH
May 31, 2019
Dear
Deschutes County Health Services is one of twelve Oregon community mental health programs participating in
the Certified Community Behavioral Health Clinic (CCBHC) federal demonstration program administered by the
Substance Abuse and Mental Health Services Administration.
CCBHC demonstration funding is set to end on June 30, 2019. There is a proposal before Congress to extend
CCBHC activities for two more years through The Excellence in Mental Health and Addiction Treatment
Expansion Act. Should this legislation pass, the goal would be the continuation of uninterrupted services
beginning October 1, 2019 through the biennium, to June 30, 2021.
Deschutes County Health Services strongly supports the request before the legislature for $2.5 M to cover
the gap between July 1 and October 1. We believe the proposal represents a small statewide investment that
goes a long way toward maintaining key infrastructure and services as Congress addresses CCBHC
continuation at the national level.
CCBHCs represent the most forward thinking, proactive and fiscally viable approach to addressing chronic
shortfalls in mental health and addiction services in decades. Individuals with serious and complex mental
health and substance use disorders often struggle with co-occurring addiction and chronic physical health
concerns which significantly shorten lifespan and contribute to increased homelessness, incarceration and use
of emergency department and hospital resources. CCBHCs target this population for improved treatment of
both their primary behavioral health and secondary physical health concerns. Intended results are to improve
outcomes and reduce costs by preventing individuals from needing higher levels of care or entering other
more costly systems. The federal demonstration prospective payment model has enhanced revenue, allowing
CCBHCs to finance the infrastructure needed to provide these comprehensive services.
Positive developments within the first two years of Deschutes' CCBHC project include:
• Increased workforce, especially use of peer delivered and case management services
• Increased access for un/under-insured individuals, such as veterans and older adults
• Adding primary care at each service location resulting in increased coordination of care
Standard use of depression screening and improvement in PHQ-9 (depression) scores
Standard suicide risk assessment and universal safety planning for all clients to reduce suicide risk
Without this funding, Oregon will experience:
• Immediate workforce reduction in a system already understaffed and undercompensated
• Dismantling of the first statewide attempt to initiate behavioral health homes in 2019
• Loss of hard-fought gains in improving access, expanding service array, and preventing higher cost care
• Re-established wait lists for services, closed or eliminated services, i.e., people turned away from care,
losing access to medication assisted and other addiction treatment
Please help maintain our CCBHCs' good progress as we await Congressional action in the fall.
Thank you for your consideration,
Janice Garceau, Behavioral Health Deputy Director
(541) 322-7664 / Janice.garceau@deschutes.org
SMOKEJUMPER BASE TOURS
WILDLAND FIRE EXHIBITS & DISPLAYS
AIR TANKER VIEWING
EDUCATION & OUTREACH
VISION: A premier tourism destination in Central Oregon and resource for
education about smokejumpers, wildland firefighting and fire ecology for the
community and visitors.
MISSION: Increase public understanding of the role fire plays in our ecosystem.
Visitors are educated on historic and current technology and methods used to fight
fires and the men and women who dedicate their lives to protect our forests.
• Enhance the regional travel and tourism economy.
• Develop understanding of fire ecology and historic, current and future role of forest management practices.
• Provide tools, information and education to help guests embrace their stewardship responsibility to
improve the resiliency of our fire adapted communities.
• Engage K-12 students in Central Oregon.
• Help visitors gain an appreciation for wildland firefighting.
• Create career pathways for future wildland fire and natural resource professionals through experiential
learning via volunteer opportunities, internships and local jobs.
Lava Lands Visitor Center
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OPPORTUNITY: Redmond Air Center
Guided Tours
Smokejumper Loft:
See Redmond Smokejumpers in action sewing parachutes, gearing up
for a jump, or loading into their jump plane dispatched to a fire.
NW Incident Support Cache:
Tasked to provide equipment and supplies for all -hazard incident support such as
wildland fire, hurricane relief, the 9-11 attacks on the Pentagon and the World Trade
Center and the Columbia Recovery.
Tanker Base Viewing:
Once loaded, these planes may drop their
load of retardant on fires across Oregon,
Washington, Idaho and Northern California.
Exhibits & Displays
Be a Redmond Smokejumper:
Augmented reality stations allow visitors
to simulate a jump into a remote wildfire.
Wildland Firefighting People, Tools, Tactics and Technology:
Tell the story of our local resources
• Redmond Smokejumpers • Redmond NW Incident Supply Cache
• Redmond and Prineville Hotshots • Central Oregon Interagency Dispatch Center
• Central Oregon Rappellers • Unmanned Aerial Systems (Drones)
• Redmond Air Tanker Base • Live camera live feeds from
• Interagency and contract crews, Central Oregon lookouts
engines, equipment & aircraft�a,
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Exhibits & Displays
Kids Interactive Area:
• Interact with firefighter gear and tools
• Initial attack wildfire on a tabletop or floor
exhibit
• Complete Junior Smokejumper task books
Fire Ecology and Forest Management:
• Natural role of fire • Prescribed fire
• 10 a.m. policy • Historic logging vs. today
Wildfire & Firefighting History:
• Prehistoric burning by Native Americans
• Changing fire suppression tactics and technology
• Local history (e.g. Triple Nickels —555th Airborne)
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Looking north from Lava Butte — 1933
Osborne Photo Collection
National Archive and the Nature. Conservancy
June 3, 2019
Brooke Chapman, Associate Director
Small Community Air Service Development Program
Office of Aviation Analysis
1200 New Jersey Ave SE W86-307
Washington, DC 20590
Subject: Docket DOT -OST -2019-0071, Redmond Municipal Airport
Dear Ms. Chapman:
It is with great pleasure that the Deschutes County Board of Commissioners submits this letter of strong
support for the air service proposal detailed in the City of Redmond's Small Community Air Service
Development Program grant application. The proposed San Jose, California service will benefit all of Central
Oregon including remote communities.
As our community continues to grow and more visitors are drawn to this unique region, our limited
transportation options will be further strained unless service is expanded at Redmond Municipal Airport. As
you evaluate the merits of this application, I encourage you to consider how critically important air service is
to Central Oregon.
The Airport is a vital partner to our economic advancement in Central Oregon, growth in air service is an
important component in this equation. We are pleased to have the opportunity to support this grant
application.
Sincerely,
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Philip G. Henderson, Chair Patti Adair, Vice Chair Anthony DeBone
13.00 NW Wall >t:r'E>-'tT Bend, ;Dr gory -7703
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Deschutes County Board of Commissioners
�• 1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of June 3, 2019
DATE: May 16, 2019
FROM: Chris Doty, Road Department, 541-322-7105
TITLE OF AGENDA ITEM:
Overnight Parking Prohibition on Wharton Avenue (Tumalo)
RECOMMENDATION & ACTION REQUESTED:
This is a discussion item before the Board. A draft Board Order has been prepared for
Board consideration at a future business meeting.
BACKGROUND AND POLICY IMPLICATIONS:
Commissioner Adair has been approached by a constituent regarding a request for No
Overnight Parking on Wharton Avenue (east side) between 5th Street and 6th Street in
Tumalo. The block in question is a widened right-of-way that provides (informal) parking and
access to the Deschutes River in Tumalo. A neighbor has complained that the area attracts
overnight camping which is detrimental to safety and livability of the neighborhood. Parking
prohibitions require a Board Order.
The Road Department supports the request as camping is not an appropriate use of right-of-
way and it appears the widened area of the right-of-way and adjacent river attraction lends
itself to informal camping. Use of the area for parking and river access has been allowed and
authorized by prior Commissions, most recently in 2014 based on the desires of the
community.
If approved, the east half of the block of Wharton Avenue will be signed to reflect No Overnight
Camping (No Parking from 10PM to 7AM).
FISCAL IMPLICATIONS: Posting of the No Overnight Parking prohibition will cost under
$1,000 in sign materials, equipment and labor and will be funded via the Road Department's
325 Fund (Operating Fund)
ATTENDANCE: Chris Doty
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Establishing a No Overnight
Parking Zone Within the Public Right of Way
on or Adjacent to Wharton Avenue in
Deschutes County, Oregon and Directing
Signs Be Posted.
*
*
* ORDER NO 2019-016.
*
*
*
*
*
WHEREAS, the overnight parking of vehicles on the public right-of-way on and adjacent to Wharton
Avenue between 5th Street and 6th Street (in Tumalo)) and within Deschutes County, Oregon, constitutes
a livability and safety issue for adjacent residents; and
WHEREAS, ORS 810.160 provides Deschutes County authority to regulate, control or prohibit
parking vehicles upon public roads under their jurisdiction; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON HEREBY
ORDERS as follows:
Section 1. That a No Overnight Parking Zone be established for the public right-of-way on or
adjacent to the traveled portion of Wharton Avenue on the east side of the road between 5th Street and
6th Street in Tumalo; Deschutes County, Oregon; and
Section 2. Overnight Parking shall be defined as between the hours of 10:OOPM and 7:00 AM
and shall be posted accordingly; and,
Section 3. That the Road Department shall install appropriate signs giving, notice of the No -
Parking Zone per ORS 810.160 (4); and,
Section 4. That the signs installed pursuant to this order comply with the provisions of ORS
810.160; and,
Section 5. That this No Overnight Parking Zone will be in effect upon signature of this Order by
the Board of County Commissioners.
Section 6. That this Order shall be recorded with the Deschutes County Clerk, and copies shall
be filed with the Deschutes County Surveyor and County Assessor.
Page 1 of 2- Order No. 2019-016
DATED this day of
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
PHILIP G. HENDERSON, CHAIR
ATTEST:
PATTI ADAIR, VICE CHAIR
Recording Secretary
ANTHONY DEBONE, COMMISSIONER
Page 2 of 2- Order No. 2019-016
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1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of June 3, 2019
DATE: May 29, 2019
FROM: Lee Randall, Facilities, 541-617-4711
TITLE OF AGENDA ITEM:
Adult Parole & Probation --Design Services
RECOMMENDATION & ACTION REQUESTED:
The Board review the information provided by staff regarding the selection process for
design services for the Adult Parole & Probation/Work Center Remodel and Expansion.
BACKGROUND AND POLICY IMPLICATIONS:
The Facilities Department conducted a design services selection process in accordance with
DCC 2.37 and ORS 279C.110 which consisted of a publicly advertised solicitation of proposals
and review of those proposals by a selection committee. Three firms responded and
proposals were reviewed by a 6 person committee which included staff from Facilities,
Community Justice, and the Sheriffs Office. Two firms were selected for in-person interviews.
A formal scoring process of both the written proposals and the interviews was utilized to select
the finalist (examples of the forms utilized are included with this report). The team of Ascent
Architecture of Bend, and PIVOT Architecture of Eugene, scored the highest of the two finalists
participating in the interview process. Collaboration between a local firm and a out -area -firm
that specializes in law enforcement and detention facilities is a common practice and has been
utilized by the County on past projects.
Once selected, the team of Ascent/PIVOT provided a priced proposal. Staff would like to take
this opportunity to discuss the selection process with the Board in preparation for consideration
of the final design contract.
FISCAL IMPLICATIONS: None at this time. Upon approval, the County would enter into a
contract for design services with the selected firm.
ATTENDANCE: Lee Randall
RFP Interview Evaluation Form — Deschutes County Parole & Probation/Sheriff
Work Center
Proposer:
Date Evaluated:
Evaluator #
Interview presentations and question responses will be evaluated on the best presentations, assigned
team members and responses based on the original RFP evaluation criteria, specific examples or
materials provided. When assessing points, refer to the guidance block below, as compared to specific
responses and material provided during the interviews.
% of Points
Guidance
100%
Couldn't imagine a better response
80-90%
Excellent, insightful response
60-70%
More than adequate response
40-50%
Adequate response, nospecial insights
20-30%
1-20%
Inadequate response
Totally inadequate response
0
No response given
Evaluation
Criteria
Possible
Points
Points Awarded
1. Proposer presentation to substantiate their RFP, highlight key
aspects of their company and abilities to perform. Introduction of key
personnel and team members. Presentation material & documents.
0-30
Evaluator notes:
2 Tell us about a time when you've dealt with a remodel/addition
project that was occupied and required phasing and segregating areas?
What RECENT experience do you have designing Parole & Probation
0-10
Offices?
Evaluator notes:
RFP Interview Evaluation Form — Deschutes County Parole & Probation/Sheriff
Work Center
3. Tell us about a time that you have had multiple stakeholder groups
for a single project, each with their own interests which were not always
0-10
aligned. How did you navigate that, and what was the result?
Evaluator notes:
4. Please describe the unique challenges that come with working in a
Medium Security setting? Are there any particular considerations,
elements or features incorporated into contemporary correctional office
0-10
design that promote normalization and humanization of the environment
& experience?
Evaluator notes:
5. Has your firm and consultants reviewed the Schedule provided in
the RFP and can they meet the delivery dates? Will existing workload
0-10
interfere with these deliverables?
Evaluator notes:
RFP Interview Evaluation Form — Deschutes County Parole & Probation/Sheriff
Work Center
6. Your firm has referenced working with the CM/GC process. What
do you feel are the most important advantages of the CM/GC process?
0-10
Evaluator notes:
7. After reviewing the current Preliminary Programming provided with
the RFP, what do you see as the most important next steps in order to
0-10
meet the first deliverable?
Evaluator notes:
8. References: General discussion and evaluation of reference
verifications.
0-10
Evaluator notes:
TOTAL SCORE
Up
to 100
RFP Interview Evaluation Form — Deschutes County Parole & Probation/Sheriff
Work Center
GENERAL NOTES & COMMENTS:
RFP Evaluation Form — Deschutes County Parole &
Probation/Sheriff Work Center
Proposer:
Date Evaluated:
Evaluator #
Proposals will be evaluated on the "best response" based on the evaluation criteria & specific submission
requirements as stated below. When assessing points, refer to the guidance block below, as compared
to specific responses and material provided within the RFP.
% of Points
Guidance
100%
Couldn't imagine a better response
80-90%
Excellent, insightful response
60-70%
More than adequate response
40-50%
Adequate response, nospecial insights
20-30%
In uate res onse
1-20%
Totally inadequate response
0
No response given
Evaluation
Criteria
Possible
Points
points Awarded
3.2.1 Respondent's experience on similar projects. Describe other
projects of a similar scope, especially in design of medium security and
parole & probation functional space, intake and visitation space, office
0-20
space, and controlled -access facilities. Include experience using CM/GC
contracting method.
Evaluator notes:
3.2.2 Identify all key personnel who will be working on this project.
Provide educational backgrounds, the individual's relevant experience on
similar projects, and the role each individual will have on this project.
0-25
Provide same information for key contracted consultants as well.
Evaluator notes:
3.2.3 Respondent's experience with space planning/programming.
Provide specific descriptions of previous experience related to space
planning/programming medium security and parole & probation functional
0-15
space, intake and visitation space, office space, and controlled -access
facilities.
Evaluator notes:
RFP Evaluation Form — Deschutes County Parole &
Probation/Sheriff Work Center
3.2.4 Provide an estimated fee for completing design services for
previous projects described above in 3.2.1. Describe how you
0-10
determined the fee. Include a description of how reimbursable
expenses would be handled.
Evaluator notes:
3.2.6 Respondent's experience with Central Oregon climate, applicable
permitting agencies, and availability to project locale (proximity of nearest
0-20
office). Provide explanation of how construction administration will be
executed.
Evaluator notes:
3.2.6 Provide Owner & General Contractor references for past three
similar projects, no matter how large or small the project. Include name,
title, current direct phone number, and email address for the contracting
0-10
agencies' primary contacts. Deschutes County employees and agents
shall not be used as references.
Evaluator notes:
TOTAL SCORE
Up
to 100
GENERAL NOTES & COMMENTS:
(i,)(,i,
Parole Probation/Sheriff's Work Center - RFP for Design Services Scoring Summary
Proposals
Interviews & References
1 2
3 4 5 6* Total Average
Points Points Ranking
Steel KMD 64 69
72 55 61 49 370 61.7 2
Ascent PIVOT 96 90
95 95 96 83 555 92.5 1
3701
801
400.5
2
* Did not participate in References discussion, zero points for that category of scoring
Combined - Proposals and Interviews
Proposal
Interv.
Total Sum
Total Avg.
Ranking
Steel KMD 431
3701
801
400.5
2
Ascent PIVOT 436
555
991
495.5
1
\)I ES CpG
2
o� Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of June 3, 2019
DATE: May 28, 2019
FROM: Matthew Martin, Community Development, 541-330-4620
TITLE OF AGENDA ITEM:
Public Hearing Preparation: Bigstock Outdoor Mass Gathering Permit (18930 Couch
Market Road, Bend)
BACKGROUND AND POLICY IMPLICATIONS:
The applicant, Bigstock LLC, is proposing to hold the Bigstock 2019 festival at the subject
property located at 18930 Couch Market Road, Bend, in August 2019. The festival is a one -
day fundraising event for Oregon Adaptive Sports that includes music, fundraising activities
(e.g. silent auction and raffle), food and drink, and parking for an estimated 800-1,000 people.
The public hearing before the Board of County Commissioners to receive testimony on the
Outdoor Mass Gathering permit (file no. 247-19-000523-OMG) is scheduled for June 5, 2019.
ATTENDANCE: Matthew Martin, Associate Planner
MEMORANDUM
TO: Board of County Commissioners
FROM: Matthew Martin, Associate Planner
DATE: June 3, 2019
RE: Public Hearing Preparation - Outdoor Mass Gathering (File No. 247-19-000523-OMG)
The Deschutes Board of County Commissioners ('Board") is conducting a work session on June 3,
2019 in preparation for their public hearing on June 5, 2019 to consider a proposal by Bigstock LLC
for an Outdoor Mass Gathering (OMG) permit.
PROPOSAL
The applicant, Bigstock LLC, is proposing to hold the Bigstock 2019 festival at the subject property
located at 18930 Couch Market Road, Bend, in August 2019. The festival is a one -day fundraising
event for Oregon Adaptive Sports that includes music, fundraising activities (e.g. silent auction and
raffle), food and drink, and parking for an estimated 800-1,000 people. The property is
approximately 29.17 acres and developed with a single-family dwelling and several accessory
structures. The surrounding area consists of farm and rural residential uses.
The applicant has held the music festival in Central Oregon for the past nine years and at the same
location last year. The one significant change proposed for the 2019 festival compared to the
previous year is the size. The applicant is proposing the 2019 festival have a maximum capacity of
1,000 people, an increase of 250 people from the previous year.
The proposed dates for Bigstock 2019 are August 9-11, 2019, which includes set-up and removal of
equipment, structures, and similar materials used for the festival. Specific event dates and hours
are listed below:
Friday, August 9 - Event set up
Saturday, August 10 - Doors open at 4:00 p.m. and event will end at 10:00 p.m.
Sunday, August 11 - Site clean up
The subject property has been divided into specific areas for the music festival. The main activity
area is located on the eastern half of the property containing primary parking, stage, food and
beverage vendors, restrooms, water, first aid, trash collection and recycling, and basic operational
aspects of the festival. There is also an area to the west designated for overflow parking if needed.
The applicant has addressed in their proposal the requirements involving insurance, sanitary
facilities, water supply, fire protection, medical services, public safety and enforcement, parking
facilities, and hours of operation.
OUTDOOR MASS GATHERING REQUIREMENTS/CRITERIA
Deschutes County Code (DCC) Chapter 8.16 provides approval criteria for an Outdoor Mass
Gathering permit.
The applicant has satisfied the requirements addressed in Section 8.16.160. Including obtaining
signatures on the application form from the following agencies
• Bend Fire Department
• Deschutes County Health Department
• Deschutes County Environmental Health Division
• Deschutes County Sheriff
Staff believes the proposed outdoor mass gathering permit request can comply with the applicable
standards and criteria outlined in Chapter 8.16 below if conditions of approval are met. Conditions
will be noted in the Staff Report for the public hearing.
PUBLIC NOTICE
The Planning Division mailed notice to all property owners within 750 feet of the subject property
and several agencies on May 16, 2019. Comments received will be noted in the Staff Report. Public
notice was also published in the Bend Bulletin on May 14, 2019.
Attachments
1. Vicinity Map
2. 2019-05-16 Affidavit of Publication - Notice of Public Hearing
3. 2019-05-16 Mailed Notice of Application
4. Application Materials
Application Form
Contents Summary
Process Cover Sheet and Introduction
Process Flow Chart
Fire District Map
Common Safety Violation Found at Outdoor Events
DCC 8.16 Table of Contents
Venue Site Maps
Venue Site Maps Cover Sheet
Main Event Space and Overflow Parking
Page 2 of 3
Site Map Full Venue
Site Map A - Main Parking Lot
Site Map B VIP Parking Lot 1
Site Map C - VIP Lot 2
Site Map D - Main Parking Lot 2
Site Map E - Main Stage, GA Area
Site Map F - Main Bar, Silent Auction
Site Map G - Food Court
Deschutes County Environmental Health Documents
Environmental Health Checklist
Environmental Health Checklist Narrative
Overview of Toilet Locations
Site Map D - Food Court
Site Map with Toilets and Aid Station
Toilet Location Sketch (main)
Toilets Services Quote - Little John's Portable Toilets
Waste Collection and Removal - Bend Garbage & Recycling
Deschutes County Health Services Documents
Health Services Checklist
Medic Services Quote (Adventure Medics)
Location of Aid Station Site Map
Deschutes County Risk Management Documents
Condition of Insurance
Indemnity Agreement
Deschutes Counter Sheriffs Office Documents
Sheriffs Office Checklist
Traffic and Crowd Control Pian
Contract for Security Guard Service (North Pacific Security)
Parking Site Maps
Site Map A - Main Parking Lot
Site Map E - VIP Parking Lot 1
Site Map F - VIP Lot 2
Site Map G - Main Parking Lot 2
Page 3 of 3
Affidavit of Publication
STATE OF OREGON, COUNTY OF DESCHUTES
I, Tonya McKiernan, a citizen of the United States and a resident of the county aforesaid; I am over the age of
eighteen years, and not party to or interested in the above -entitled matter. I am the principal clerk of the printer of
The Bulletin
1777 SW Chandler Ave, Bend OR 97702
a daily newspaper of general circulation, published in the aforesaid county and state as defined by
ORS 193.010 and ORS 193.020, that
Acct Name: DESCHUTES COUNTY COMMUNITY DEV.
Case:
Legal Description: LEGAL NOTICE, NOTICE OF PUBLIC HEARING, The Deschutes County
Board of Commissioners will hold a public hearing on Wednesday, June 5,
2019, at 10:00 A.M. in the Barnes and S...
a printed copy of which is hereto affixed was published in each regular and entire issue of the said
newspaper and not in any supplement thereof on the following dates, to wit:
5/14/19 Page B8
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Bend, Oregon, this 14 day of May, 2019. 1 '—~
Signature
AdName: 21026644A
State of Oregon, County of Deschutes
Subscribed and Sworn to before me this LL[_day of' 20 On l by
Notary Public for Oregon
-(.i , rAeiSt li t1D 'YPf,±F�{1Q b ���yy }r�y+�G?Uyli(�pr 'II
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Classifieds
toiiowing item: H
NUMBER:
247 -19 -000285 -OM
SUBJECT:The api
cant is requesting
Outdoor Mass Ga
ering permit for B
stock 2019 to be hl
on August 10, 20
The annual music a
silent auction fur
raiser event for (
egon Adaptive Spc
would include parki
and food and drink
a maximum 1,000
tendees. APPLICA�
Bigstock LLC LOC
TION:The subji
property has a sit
address of 189
Couch Market Rot
Bend, and is ides
fled on tax m
16-11-23 as tax
523. STAFF CC
TACT -Matthew M
tin: matt.martin0di
chutes.org
541-330-4620 Cop
of the staff report, t
plication, all doc
ments and .evider
submitted by or
behalf of the apt
cant and applical
criteria are availal
for inspection at I
Planning Division
no cost and can
purchased for
cents a page. T
staff report should
made available sev
days prior to the di
set for the hearh
Documents are a
available online
www.deschutes.org
Deschutes County i
courages persc
with disabilities
participate in all p
grams and activiti•
This event/location
accessible to peo
with disabilities. If y
need accommot
tions to make part
pation possit
.please call the At
Coordinator at (5,
617-4747.
NOTICE OF SALE
The Trustee under t
terms of the Tr
Deed descrik
herein, at the dil
tion of the Seneficie
hereby elects to
the property
scribed in the Tr
Deed to satisfy the
ligation secui
thereby. Pursuant
ORS 896.771, the
lowing information
provided:
1.Name of Grant
Shaun Gutta
2.Name of Trusts
ALISON A. HUYCK
FRANCIS HANSEN
MARTIN LLP
1148 NW Hill. Stre
Bend OR 97703
3.Name of Benef!
ries:Judy E. Stinsor
4.Legal Description
the real property c
ered by the tr
deed:
Lots 31 and 32, Block
Newberry Esta'
Phase I, recorc
January 6, 1978,
Cabinet B, Page
311, Deschu
County, Oregon.
5.Date of trust de,
^ October 25, 2016
Mailing Dat
Thursday, May 16, 2019
NOTICE OF PUBLIC HEARING
The Deschutes County Board of Commissioners will hold a public hearing on Wednesday, June 5,
2018, at 10:00 A.M. in the Barnes and Sawyer Rooms at 1300 NW Wall Street, Bend, to take testimony
on the following item:
FILE NUMBER: 247-19-000285-OMG
APPLICANT: Bigstock LLC
PROPOSAL: The applicant is requesting an Outdoor Mass Gathering permit for Bigstock
2019 to be held on August 10, 2019. The annual music and silent auction
fundraiser event for Oregon Adaptive Sports would include parking and food
and drink for a maximum 1,000 attendees.
LOCATION: The subject property has a situs address of 18930 Couch Market Road, Bend,
and is identified on tax map 16-11-23 as tax lot 523.
STAFF CONTACT: Matthew Martin, Associate Planner
e-mail: matt.martin@deschutes.org /telephone: 541-330-4620
DOCUMENTS: Can be viewed and downloaded from:
www.buildingpermits.oregon.gov and http://dial.deschutes.org
STANDARDS AND APPLICABLE CRITERIA:
Title 8, Deschutes County Health and Safety Ordinance
A. Chapter 8.16. Events, Parades, Funeral Processions and Outdoor Mass Gatherings
All documents and evidence submitted by or on behalf of the applicant and applicable criteria are
available for inspection at no cost at the Deschutes County Community Development Department
(CDD) at 117 NW Lafayette Avenue. Seven (7) days prior to the public hearing, a copy of the staff
report will be available for inspection at no cost at CDD. Copies of all documents, evidence and the
staff report can be purchased at CDD for (25) cents a page.
ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND
WRITTEN SIGNED TESTIMONY. ANY PARTY TO THE APPLICATION IS ENTITLED TO A
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 �7a cdd@deschutes.org @ www.deschutes.org/cd
CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN
IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE.
Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the
Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to
afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based
on that issue.
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 the ADA Coordinator at (541) 617-4747.
DOCUMENT SUBMISSION
Any person may submit written comments on a proposed land use action. Documents may be
submitted to our office in person, U.S. mail, or email.
In Person
We accept all printed documents.
Email
U.S. Mail
Deschutes County Community Development
Planning Division, Matthew Martin
P.O. Box 6005
Bend, OR 97708-6005
Email submittals must comply with the following guidelines:
• Submission is 20 pages or less
• Documents can be printed in black and white only
• Documents can be printed on 8.5" x 11" paper
Any email submittal which exceeds the guidelines provided above, must be submitted as a paper
copy.
Limitations
• Deschutes County does not take responsibility for retrieving information from a website link
or a personal cloud storage service. It is the submitter's responsibility to provide the specific
information they wish to enter into the record. We will print the email which includes the
link(s), however, we will not retrieve any information on behalf of the submitter.
• Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing
staff availability and workload, there is often a delay between the submittal of a document
to the record, and when it is scanned and uploaded to Accela Citizen Access (ACA) and
Deschutes County Property Information (DIAL). For this reason, the official record is the file
247-19-000285-OMG Page 2 of 3
that resides in the Community Development office. The electronic record in ACA and DIAL is
not a substitute for the official record.
To ensure your submission is entered into the correct land use record, please specify the
land use file number(s).
For the open record period after a public hearing, electronic submittals are valid if
received by the County's server by the deadline established for the land use action.
IF YOU WISH TO BE NOTIFIED OF ANY DECISION RELATED TO THIS APPLICATION, YOU MUST
PROVIDE A MAILING ADDRESS.
NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT
IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.
This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24.
247-19-000285-OMG Page 3 of 3
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Community Development Department
tment
t 'F lxlmOng Division 8Wtdi� safety Qi►+la940 Einvitonmort#+I $nits KitviatarA
P,O, Box 600.5 117 NSM Lafayette Avenue Bend, Oregon 97708-6005
Phone` (541) 388-6575 Fax (541) 385-1764
hftp:/Ayoo v.deschutes,org/cd
OUTDOOR MASS GATHERING APPLICATION
FEE:
PLEASE PRINT n
Applicant/Organizer: +J t. �'S �y�'�C" l'L Phone: �'y �) 3" " 4 3 ?3
Mailing Address:: 70 CLO "E"00 -L"79 City/State/Zip: lam 0 �( D
Property Description: Township Range Section Tax Lot
Address: I (? a SD C 0JLV1 MarV-.L i- f-(:� City/State/Zip: gn2 Of 77Q t
Estimated Attendance: Slob— l 000 Date and Time of Gathering: <? 0 t G9 rn �v.
Description of Type of Gathering/Purpose (i.e., music, art, etc.) AnVIV4-A )-4 Le—AA kCr ar
Qy -e OC ,✓4, f kS %.01 YYl05i _&^J, ilor?A�01 4-
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Contact person who will be available onsite during gathering:�V �✓'-�2
Name: LUX-Y)til let- �-e Phone: ( ) b"1$a Email t-� a� r�� cam• S� • E've
AGENCY APPROVALS: Please have the following .agen0ies/departments review your proposal before submitting this
application.
Signatures; `t/IA, %4l...e, r t ij 5 tyzrv'or- ( llk.illk-,�eS (01,111 r
ENVIR NMENTAL HEALTH DI1f ION (indicates approval of sanitary 1
e r
9
IRS ROTEC I N DISTRICT OR TATE IRE RSHAL (ind(eat
jtte,. in _acc�ojrdai�n/cje with 8.16 2j30) i � 6e h
l.i L 6)t, 9L . A<A AA r�i., �.�.� # ^-slim&
CO NTY HEM I DEPARTMENT (indicates approval of mbdk
DESCHUTES COUNTY SHERIFF (indicates approval of a
accordance with 8.16.250 and 8.16.260, respectively)
y %l 5 ,�/l
Jicilities in accordance with 8.16.220)
I si ! J.
es roval of fire rote tion devices
vide, in accordance with 8.16.240)
C
c safety plan and parking plan in
On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following items. If color
exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided:
a.
b.
C.
Applicant's
Property Owner's
Toilets
Washing facilities
Water sur)O
d. Food preparation and/or food service
e. Solid waste collection
Agent's Name (if applicable): Phone: ( )
Mailing Address: Sln;,40't. City/State/Zip: 7 09-� q 77 0 �-
*If this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By
signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings
officers' fees prior to the application being deemed complete; and if the application is heard by a hearings officer, the
applicant will be responsible for the actual costs of the hearings officer. (Rev. 11115)
Bigstock 2019 Outdoor mass gathering permit application
Contents:
1. Outdoor Mass Gathering Application (community development department)
2. Health Services (including Fire protection /State Fire marshall (Gary Marshall,
fire insp. Larry Medina)
A. Environmental Health checklist (includes Ambulance contract with
Adventure medics and location of first aid station)
3. Deschutes County Sheriff Office Checklist
A. Indemnity agreement
B. Traffic control and crowd protection plan
C. Contractual agreement with North Pacific Security company
D. Parking site maps
4. Environmental Health Department
A. Copy of contractual agreement for toilets
B. Sketch of toilet locations (including hand washing stations)
C. Copy of contractual agreement for waste collection and removal
D. Water supply info
E. Food Services (including map of food court area)
S. Site Maps
Google map of entire event area
Full venue site map
• Site map A: Main parking space
• Site map B: VIP parking lot 1
• Site map C: VIP parking lot 2
• Site map D: Main parking lot 2
• Site map E: Main stage area with VIP tent & access (+ 2 portable toilet units &
1 hand washing station)
• Site map F: Main bar and silent auction
• Site map G: food court & on-site ambulance location
DESCHUTES COUNTY
APPLICATION PROCESS
FOR
Chapter 8.16
OUTDOOR MASS GATHERINGS
, 1.
EXTENDED OUTDOOR MASS GATHERINGS
Introduction
Chapter 8.16 of the Deschutes County Code defines and outlines permitting
requirements for Events, Parades and Outdoor Mass Gatherings within the jurisdiction of
the County. To aid the customer, as well as the various County Departments and other
coordinating agencies, this guide has been prepared to explain the process for obtaining
the appropriate and necessary permits.
Every effort has been made to streamline the process, while providing the
customer the necessary information in order to obtained all the required information
within the required timeline.
Cities within Deschutes County may have their own code, ordinances or policies
on similar gatherings. Customers are reminded that food preparation and restaurant
licensing are under the jurisdiction of the County's Environmental Health Division
regardless whether inside or outside a city's boundaries.
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Common Safety Violations found at Outdoor Events
All requirements are from the 2007 Oregon Fire Code.
Additional requirements may apply, Contact your local fire authority.
Combustible Waste:
C Weeds, grass, vines or other growth that is capable of being ignited and endangering
property, shall be cut down and removed by the owner or occupant of the premises.
304.1.2
El Accumulations of wastepaper, wood, hay, straw, weeds, litter (combustible or flammable
waste or rubbish) of any type shall be removed daily. 304. 1.1 & 2404.5
Open Flames:
Open flames such as from candles, lanterns, kerosene heaters, and gas-fired heaters
shall not be located on or near items that could catch on fire (combustible materials).
Three feet clearance is recommended. (See Section 603.4 for portable un -vented
heaters). 306:3.3
Public Safety Plans:
❑ Where the fire code official determines that an outdoor gathering of persons has an
adverse impact on public safety, the fire code official shall have the authority to order the
development of a public safety plan, see your local fire code official for contents of the
plan. 403.2 & 403.2.1
Electrical Hazards:
Electrical wiring, devices, appliances and other equipment that is modified or damaged
and constitutes an electrical shock or fire hazard shall not be used. 605.1
14 Only Outdoor UL listed extensions cords shall be used. 605.10.1
�i Extension cords and flexible cords shall not be affixed to structures, extended through
walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be
subject to environmental damage or physical impact. Extension cords shall be used only
with portable appliances. 605.5
,0 Extension cords shall be plugged directly into an approved receptacle, power tap or
multi -plug adapter and, except for approved multi -plug extension cords, shall serve only
one portable appliance. 605.5.1
❑i, The amp capacity of the extension cords shall not be less than the rated capacity of the
portable appliance supplied by the cord. 605.5.2
OMG/EOMG Common Safety Violations
Temporary Tents, Canopies and Membrane Structures:
❑ Tents and membrane structures having an area in excess of 200 square feet and
canopies in excess of 400 square feet shall not be erected, operated or maintained for
any purpose without first obtaining a permit and/or approval from the fire code official.
See your local fire code official. 2403.2
❑ Temporary tents, air -supported, air -inflated or tensioned membrane structures and
canopies shall not be erected for a period of more than 180 days within a 12 -month
period on single premises. 2403.5
❑ A detailed site and floor plan for tents, canopies or membrane structures with an
occupant load of 50 or more shall be provided with each application for approval. The
tent, canopy or membrane structure floor plan shall indicate details of the means of
egress facilities, seating capacity, arrangement of the seating and location and type of
heating and electrical equipment. 2403.6 & Table 2403.12.2
❑ Fire apparatus access roads shall be provided to within 150 feet of all portions of the
structure by an approved route. 503 & 2403.8.1
❑ Tents, canopies or membrane structures shall not be located within 20 feet of lot lines,
buildings, other tents, canopies or membrane structures, parked vehicles or internal
combustion engines. See your local fire code official for exceptions. 2403.8.2
❑ Membrane structures having an area of 15,000 square feet or more shall be located at
least 50 feet away from any other tent or structure as measured from the sidewall of the
tent or membrane structure unless joined together by a corridor. 2403.8.3 & 2403.8.4
[=] An unobstructed fire break passageway or fire road not less than 12 feet wide and free
from guy ropes or other obstructions shall be maintained on all sides of all tents,
canopies and membrane structures unless otherwise approved by the fire code official.
2403.8.5
❑ The arrangement of aisles shall be subject to approval by the fire code official and shall
be maintained clear at all times during occupancy. 2403.12.5.1
❑ Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and
where otherwise necessary to indicate clearly the direction of egress. Exit signs shall be
of an approved self -luminous type or shall be internally or externally illuminated by
luminaries. 2403.12.6 & 2403.12.6.1
❑ The required width of exits, aisles and passageways shall be maintained at all times to a
safe distance away from the structure. The surfaces of these exit pathways shall be
maintained in an approved manner. 2403.12.8
❑ Membrane structures, tents or canopies are to be made of fire retardant treated
materials. Proof of treatment must be available (a certification of treatment or stated on
the permanently affixed label of the structure). 2404.3 & 2404.4
OMG/EOMG Common Safety Violations
❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible
liquids, gas, charcoal or other cooking device or any other unapproved devices shall not
be permitted inside or located within 20 feet of the tent, canopy or membrane structures
while open to the public unless approved by the fire code official. 2404.7
❑ Portable fire extinguishers shall be provided. Contact fire code official for requirements.
2404.12
❑ Fire hose lines, water supplies and other auxiliary fire equipment shall be maintained at
the site in such numbers and sizes as required by the fire code official. 2404.13
❑ For Heating and cooking equipment requirements, contact your local fire code official.
2404.15
❑ Generators and other internal combustion power sources shall be separated from tents,
canopies or membrane structures by a minimum of 20 feet (6096 mm) and shall be
placed on an approved surface. Such equipment shall be isolated from contact with the
public by fencing, enclosure or other approved means. 404.19
Outdoor Fires:
0 Contact your local fire code official for requirements.
Propane Use:
❑ Portable LP -gas containers with a capacity of 500 gallons or less shall beat least 10 feet
between the container and structure. 2404.16.2.1
0 Portable LP -gas containers with a capacity of more than 500 gallons shall be at least 25
feet between the container and structure. 2404.16.2.2
❑ Portable LP -gas containers, piping, valves and fittings shall be adequately protected and
shall be located in an approved location. Containers shall -also be securely fastened in
place to prevent movement. 2404.16.3.
OMG/EOMG Common Safety Violations 3
Chapter 8.16. EVENTS, PARADES, FUNERAL PROCESSIONS AND OUTDOOR MASS
GATHERINGS
8.16.010. Definitions.
8.16.020. Event Exclusions.
8.16.030. Event Permit Required.
8.16.040. Event General Approval Criteria
8.16.050. Event Appeals.
8.16.060. Event Public Safety and Crowd Control
8.16.070. Inspection of Event Premises
8.16.080. Event Enforcement.
8.16.090. Acts Prohibited.
8.16.100. Event Violation.
8.16.110. Funeral Processions.
8.16.120. Funeral Procession Violation.
8.16.150. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Exclusions.
8.16.160. Outdoor Mass Gathering or Extended Outdoor Mass Gathering Permit Required.
8.16.170. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Hearing Required.
8.16.180. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Departmental and
Agency Notice.
8.16.190. Outdoor Mass Gathering and Extended Outdoor Mass Gathering General Approval
Criteria.
8.16.200. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Appeals.
8.16.210. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Insurance.
8.16.220. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Sanitary Facilities.
8.16.230. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Fire Protection
Standards.
8.16.240. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Medical Services.
8.16.250. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Public Safety.
8.16.260. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Parking Facilities.
8.16.270. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Permit Posting.
8.16.280. Inspection of Outdoor Mass Gathering and Extended Outdoor Mass Gathering
Premises.
8.16.290. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Restricted Hours of
Operation.
8.16.300. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Enforcement.
8.16.310. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Intoxicating Liquor
Prohibition.
8.16.320. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Narcotic and
Dangerous Drugs Prohibition.
8.16.330. Compliance Required for Outdoor Mass Gathering and Extended Outdoor Mass
Gathering .
8.16.340. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Violation.
Chapter 8.16 1 (12/2007)
Venue Site Maps
■ Full Venue
■ Main Parking Lot
• VIP Parking Lot 1
• VIP Parking Lot 2
is Main Parking Lot 2
■ Main Stage
Main Bar & Silent Auction
Food Court
main
IgpM I GA area
'VIP Ruldng VIP
1
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" ! 2577 NE Courtney Drive, Bend, Oregon 97701
r Public Health (541) 322-7400, Fax (541) 322-7465
Behavioral Health (541) 322-7500, Fax (541) 322-7565
www..deschutes_org
OUTDOOR/EXTENDED OUTDOOR MASS GATHERING /
ENVIRONMENTAL HEALTH CHECKLIST ~ OL 3blI q
1 Contact Person
a. Name: n �U�% ocv\-e-S
b. Phone #: l • 'Ma A g ';k; __...Alternate #: / - -S4100
c. Email Address: L c'�".lrl ; r1 G�,Ler�n �► C c� rn
2. Toilets:
a. �1 per 100 persons shown on plan
b./ Contract agreement attached
3. Hand w Shing facilities:
a. Running water? If yes, see "b," if no, see "c"
b. ✓" Adequate soap and paper towels?
1
c. Prepackaged sanitary wet towels provided, conveniently located?
4, Water:
a. v"" Public water? ir'04
b. Private water? If private, must have biological and chemical testing
done.
G. :� Adequate supply?
d. Convenient location?
e. Adequate water dispensing equipment (i.e. paper cups)?
5. Waste Rection and Removal:
a. Contract Agreement with solid waste firm attached?
b. ✓ Frequency of pick-up noted on contract?
c. Disposal site location:
6. Food Services Facilities:
a. V' Location of temporary restaurants
b. = Food service operators notified to submit food service applications at
least seven (7) days in advance of event.
7. Attach sketch that shows the following:
a. ✓ Number, type and location of toilets
b. Hand washing facilities
C, Watersupply locations t.-ls► (tev�k ov% k-�, Yc�Vr S Cv'"' k.'O t bL
d. Food service locations C oAv� Pt"k--\vt 1 oc ,VV1r0v�1, (90Ar e-0
e. Solid waste collection locations
Rev. 6/14 L'1C.GA'k-L Q -a(�r\rooc��N OLA Jc
Our Mission: To Promote and Protect the Health and Safety of Our Community.
2/5/19
Community Development Department
117 NW Lafayette Ave.
Bend Or 97701-1925
(541) 388-6575
ATTN: Environmental Health Division
RE: Bigstock 2019 Mass Gathering Application'
Environmental Health Checklist
Bigstock 2019 will take place at 18930 Couch Market Road, Bend Or 97701 on
Saturday August 10th 2019. Set up is scheduled to take place on Friday, August 90,
and clean up to be completed on Sunday August 11th. Doors open at 4pm and the
event will end at 10pm. Expected attendance is 1000 in the event that Bigstock is
sold out, no animals are expected unless they are service animals. The expected
number of vehicles (if the event sells out) is 515. We are encouraging participants to
carpool; take a taxi, uber or lyft.
To ensure for the comfort and safety of our patrons Bigstock 2019 is committed to
meet or exceed Deschutes County standards.
In order to comply with Deschutes County Health Ordinances 8.16.220, Outdoor
Mass Gathering Sanitary facilities, Bigstock 2019 shall provide the following:
1. Contact Persons:
Leann Schoales, Site Manager (541) 550-0982
Heather Johnson, Bigstock LLC (541) 948-3200
2. Toilets I Hand washing station (locations shown on map exhibit 4
12 standard units, 2 ADA toilet, 3 hand washing station (contains 2 sinks).
This is in compliance with the 1 toilet per 100 people as shown on plan
Toilets and hand washing facilities provided by:
Little John's Portable toilets
114 NE Penn Ave. Bend Oregon 97701
541.617.6060
3. Water Supply
Earth 20 will provide water supply. They are providing both drinking
water, and clean water for food and beverage vendor use. They are
providing the following:
(25) five gallon water jugs (125 gallons of water)
(10) cases of bottled water (24 packs)
4. Waste Collections and Removal
Bend Garbage and Recycling will provide fourteen (14) 95 -gallon garbage
bins and five (5) recycle bins. These bins will be delivered on Friday,
August 9th and removed on Monday August 12th by Bend Garbage and
Recyling. Bins will be located on-site in various locations (locations
shown on map). Volunteers will be monitoring garbage cans as needed
for overflow.
5. Food service
• Food service will consist of 8 licensed Deschutes county mobile food
units
Confirmed food vendors at this time are: Dump City Dumpling, Thai on
the Fly, Bead pizza cart, & Parrilla grill. ar Ghee 4 "1rtx, o . + t�- ppb vOa_-'
• (Locations shown on maps)
• Vendors will be licensed and permitted no later than seven (7) days
prior to event, if not already.
6. Refer to attached site maps for facilities locations
Main Site Map
Site Map A: Main parking lot
Site Map B: Main Stage area W/ VIP tent & access (2 portable bathroom units
with one hand washing station)
Site Map C. Main Bar & Silent auction area
Site Map D: Food court & ambulance/first aid station
Site Map E. VIP parking lot 1 w/ Vip tent
Site Map F. VIP parking lot 2
Site Map E. Main Parking lot 2
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PORTABLE TOILETS
114 NE Penn Ave
Bend, OR 97701
info@little-johnstoilets.com
Date : 2/6/2019
TO: Shine Events Bend Event Date: August 10, 2019
Attn: Leann Schoates Bigstock 2019
leann0shineeventsbend.com Couch Market Rd, Bend OR
541 550 0982
QTY
DESCRIPTION
UNIT PRICE
LINE TOTAL
12
Event Reg w/ Sanitizer & Lights
$70.00
$840.00
2
Event Wheel Chair w/Sanitizer & Lights
$125.00
$250.00
3
Event Sink (double bowl style)
90.00
$270.00
1
Delivery Charge
25.00
$25.00
The above information is a portable toilet rental rate quote for your event. SUBTOTAL $ 1,385.00
Our Event toilets are only used on events and not construction sites, SALES TAX
therefore they are in excellent condition.
"Prices subject to change - Quote valid for 90 days from date TOTAL $ 1,385.00
HANK 'O ! 'O YO 1 ? S.1
Proud to be Bend's ONLY Locally owned & operated portable toilet company
f �Oa' cJ-��L) �
February S, 2019
To whom it may concern,
Bend Garbage & Recycling will provide 14 — 95g garbage roll carts and 5
recycling bins for the Bigstock 2019 event that takes place Saturday August IOrh
2019. We will deliver 18930 Couch Market rd. Bend OR 97701 on Friday August
9`h and remove on Monday August 12`h from the same location.
Thanks you
Debbie Lefor
Customer Service Manager
Bend Garbage & Recycling
541-382-2263
P.O. Box 504 Bend, Oregon 97709 541/382-2263 Fax 541/383-3640
ES
2577 NE Courtney Drive, Bend, Oregon 97701
Public Health (541) 322-7400, Fax (541) 322-7465
Behavioral Health (541) 322-7500, Fax (541) 322-7565
www.deschutes.org
OUTDOOR/EXTENDED OUTDOOR MASS GATHERING
HEALTH SERVICES CHECKLIST
Event: �� is, Sko C k 00 N "1
Date(s): ubk 1 0
Event Location: 0000 ry)a Acc � �� �� DIL Ct
Contact Person: UuV\n 0n' !ax Phone: l 5 -ITT - Q - O --
Email Address:,�P,
Medical Service Plan: Deschutes County Ordinance 8.16.240 (copy contained in
this packet).
Narrative description of Medical Service Plan: Indicate a minimum of one on-site
ambulance and a first aid station staffed by at least two adult individuals trained
in first aid techniques. List names and qualifications of aid station workers:
saa4 v e iR.e a �c r C. r �- Sr � tk rv, )o LcA v t- ��Gw�� cies
C -o v n:!M& W i N l VIE+ 1x lr v►-, ��1 TA%A . V St_ pr- � t7n`V A.A' e
e &ne>► -. or tt or+ nr will ��
Cour•" r_N.'nlOjlat Ktis o+'�-S��-L . �� Gicluw►ktN� yr e-cl �`cS
r+nr•+.c0l1 C'�k4 C "\ OW t i)r VZ ag IR►'tic.l
■ Attach map showing location of aid station(s) and ambulance.
"l G e-
0 so-
ve_x' w, W6,11
s. re j Uti rG-d
■ Attach letter from ambulance service or Fire Department verifying service
to this event.
Rev. 6/14Ot, L7
0 rG G h
Our Mission: To Promote and Protect the Health and Safety of Our Community.
QUOTE
To Sigstock
Quote Number GU -0301
Reference Bigstock 2019
Date February 26, 2019
Description
Paramedic with advanced care medications and
equipment
Single Resource EMT with Basic life support
equipment and medications
Medical Tent Add -On. Various tent sizes depending
on space and event. Includes Tents, Medical
Signage, Walls, Cots, Blankets, Lights, Chairs,
Over the counter kit, Wound care station. HVAC
system and Generator are also available.
naps:mn.xero.comiunty4zi ut ujw4zi UO2h(lgbmjgvMHL0Zm
From Adventure Medics
20585 Brinson Blvd #4
Bend, OR 97701
Quantity
Unit Price
Discount Tax
9.00
50.00
Tax Exempt
9.00
40.00
Tax Exempt
1.00
200.00
40.00% Tax Exempt
Company Registration No: 1669669.3._ Registered Ofte: 20585 Brinson Blvd A, Bend, or, 97701, usa
I
Amount USD
m m�450.00
360.00
120.00
Subtotal (includes a discount of 80.00) 930.00
-total USI 930.00
11/'11<lta 1.M nikx
main GA area
�1'i i �.e 1r VIP Tent
VIP Parking VIP Puldng
i
Main Parking
lot 1
Bigstock 2018 -Aug 11, r
Yywb-rGSr
Deschutes County Risk
Management Department
Conditions of Insurance
Outdoor Mass Gatherings/Extended Outdoor Mass Gatherings
After consultation with the County Risk Manager, if the Board determines that the
Outdoor Mass Gathering or Extended Mass Gathering creates a potential for injury to
persons or property, the Board may require organizers to obtain a Commercial
General Liability insurance policy with Endorsement in an amount that is proportionate
with the risk, but not less than $1,000,000 per single claimant and incident, and
$2,000,000 for all claimants arising from a single incident.
The insurance policy may not be cancelable and shall provide coverage against
liability for death, injury, or disability of any human or for damage to property arising
out of the Outdoor Mass Gathering or Extended Mass Gathering.
The insurance policy must be an "occurrence" policy, or its equivalent, that provides for
payment of claims made during the 180 -day period after the scheduled termination of
the Outdoor Mass Gathering or Extended Outdoor Mass Gathering.
The Organizer shall furnish the Director with an insurance certificate and a copy of the
insurance policy naming the County as an additional insured under the policy.
The Director shall void the permits for an Outdoor Mass Gathering or Extended
Outdoor Mass Gathering if the Organizer does not file proof of the non -cancelable
insurance required by this section with the Director at least fourteen days before the
first day of the Outdoor Mass Gather or Extended Outdoor Mass Gathering.
REVIEWED
LEGAL. COUNCIL
For Recording Stamp Only
INDEMNITY AGREEMENT
its officers, employees and members shall, through the signing of
(Event Organizer)
thi agreement by an authorized party or agent, hereby agrees, for and in consideration of the approval of the
t �45'+rz>C iG c� 1 'moi , to be held on 1 0 k 1• .9
(Event Name) (Date of Event)
and to be held within Deschutes County, to indemnify, defend and hold harmless Deschutes County, Oregon, a
political subdivision of the State of Oregon, its officers, agents and employees, herein called "County" from any and
all suits and claims, losses and liability, including attorney's fees, arising from injury or death to persons or damage to
property occasioned by any act or omission arising out of or any way related to the Outdoor Mass Gathering as
described above, or participation in the event as a participant, spectator, sponsor, promoter, agent or official.
In addition, ?1 iS"NrJC_ C..G agrees to furnish Deschutes County with a certificate of
(Event Organizer)
insurance with endorsement for general liability insurance with a combined single limit of not less than $1,000,000
per single claimant and incident, and $2,000,000 all claimants, arising from a single incident, specific to the
1 ,w�C_L k 01 , naming Deschutes County, its officers, agents, volunteers and
(Event Name)
employees as an additional insured,
DATED this 1' day of 01
P%^_4
(Authorized Signature, Title)
APPROVED:
DATED this day of _ , 20_
By:
Nick Lelack, Community Development Director
OMG/EOMG Indemnity Agreement (Rev. 1/17)
DESCHUTES
COUNTY
SHERIFF OFFICE
CHECKLIST
OUTDOOR MASS GATHERING
OR
EXTENDED MASS GATHERING
EVENTS
Event: S�`oC-k- 0 \ O
Date(s): e V sk-
Location: _ \q_!l S D LMXL_ n
'M U -k
V_ oo` c1
1?1 77 0 1
Event Contact Person: l.t"'VIV-1
amu- �'�S
Ph: x;1,< < .-
1-5;'D - Cad
Traffic Control Plan:
_ A narrative description of the traffic control plan.
(One Traffic Control for each 250 persons expected.)
Name and qualifications of persons providing Traffic Control.
Traffic Control Name: .
�.�:t�Y1Y� ����,.� Cell Ph: T7Li l '.3 �� 0`' 0Gl
(Should also provide information on name and number to contact with concerns during event.)
Crowd Control/Security Plan:
A narrative description of crowd security and control.
(One Crowd Control for each 100 person expected.)
L,,-� Name and qualifications of persons or firm providing such control.
Crowd Control Name:_t11C�,� Cell Ph:�i(_, (t ��-
(Should also provide information on name and number to contact with concerns during event.)
2/5/19
Deschutes County Sheriff
63333 W. Hwy 20
Bend, Or 97701
541-388-6655
ATTN: Deputy in charge on community events
Re: Bigstock 2019 (OAS fundraiser) Outdoor Mass Gathering Application
Event Public Safety and Crowd Control Plan.
Deschutes County Ordinance 8.16.060
Traffic Control plan - Details and descriptions
Bigstock 2019 (OAS Fundraising event) will take place at 18930 Couch Market Road,
Bend Or 97701 on Saturday August 10th 2019. Set up is scheduled to take place on
Friday, August 9th and clean up to be completed on Sunday August 11th. Expected
attendance is 1000 in the event that Bigstock is sold out.
Traffic Control Plan
Main Parking area, Lot 1 (up to 2S6 vehicles)
There is 1 main point of entry onto the event property, which has a visible ingress
and egress. There is an egress point at the back corner of the parking lot, leading to a
dirt road, connecting with the main driveway. Guests will enter and exit the parking
area through the same opening. Entry and access for the food vendors, emergency
vehicles, musicians (including staff) and the event attendees will be from Couch
Market road directly. Entry for handicap parking will be from the main driveway, of
Couch Market road directly. Signage will be posted along Couch Market road, both
from the east and west. An additional sign and a traffic control person will be
directing vehicles to turn right or left into the main driveway of Couch Market road.
Additional parking/Main parking (lot 2) and 2 VIP parking lots will be directly
adjacent, to the right of the main parking space. There are three empty lots, all 150
sq. ft., available for additional parking. The first lot/site map E. VIP lot 1 (adjacent to
the main stage area) will hold an additional 67 cars, as well as the VIP tent. The 2nd
lot (directly behind the first/site map F/VIP Lot 2) will hold an additional 84 cars.
The 3rd lot (directly behind VIP lot 2) site map G/main parking lot 2 will hold 96
cars. If there is still a need for additional parking we will refer to the overflow plan
of using the lot off Allen Road.
*Site plans (to scale) attached'
Overflow parking plan
Additional parking is available west of the main parking area, and accessible from
Allen Road. Ingress and egress directly from Allen road. A designated walking path
from parking area 2 to the main event will be visible with fencing and appropriate
signs. A traffic control person will be placed at the entry/exit of parking area 2. And
another traffic control person will be placed at the entrance to the walking path. Golf
carts will be available to assist attendees who are unable/unwilling to use the
walking path.
A minimum of 4 -traffic control and parking monitors will be on duty during each
shift. One will be stationed on Couch Market road in front of the entrance to the
driveway, directing traffic from both east and west, entering the event. One will be
stationed at the entrance to the main driveway, one will be stationed at the entrance
to the parking lot, and the 4 will be stationed on the intersection of Allen road and
Couch Market road, where the additional parking area 2 is located. Safety vests will
be worn by all traffic and parking staff while on duty and equipped with flags for
signaling drivers.
Traffic is expected to be light between 3:00 pm (start of the event) and 6:00pm, as
attendee's arrivals will be spread out over this time. Traffic may become a little
heavier between 6:00pm - 7:00pm as the rest of the attendees will be arriving. We
don't expect attendees to be arriving after 7:00pm. We feel this extended arrival
time frame will prevent any traffic congestion or hazards on this roadway.
Departures will likely begin at 8:30 and continue until 11:00pm. Departures will
stagger as some attendees will choose to leave the event before the finish time of
10:00 pm. There will be a traffic control person directing people from the parking
lot onto Couch Market rd as they are exiting.
Contact Person: Leann Schoales, Parking and Volunteer coordinator (541) 550.0982
Crowd Control I Security Plan- Details and descriptions
Bigstock 2019 (OAS Fundraising event) will take place at 18930 Couch Market Road,
Bend Or 97701 on Saturday August 10th 2019. Set up is scheduled to take place on
Friday August 9th and clean up to be completed on Sunday August 11th. Expected
attendance is 1000 in the event that Bigstock is sold out.
To ensure for the comfort and safety of our patrons Bend Magazine & Bigstock 2019
is committed to meet or exceed Deschutes count requirements.
Bigstock 2019 has contracted with North Pacific Security to provide security for the
event. Eight (8) uniformed DPSST licensed personnel will be on duty during the
event. One (1) stationed at point of entry, one (1) stationed by the VIP tent, one (1)
stationed by the stage, (1) stationed by the greenroom (where musicians will be
prior to performance), (1) stationed by the food court area (1) stationed by the
bar/silent auction area and (2) two will be roaming the crowds.
.Joshua Smith, Central Oregon Area Manager
North Pacific Security, Inc.
Office: 541-617-7491
Pax: 541-617-3895
Cell: 541-390-1501
NORTH PACIFIC SECURITY, INC.i 1� i
960 SW DISK DRIVE STE 203
BEND, OREGON 97702
Telephone 541.617.7491',
Fax 541.617.3895
CONTRACT FOR SECURITY GUARD SERVICE
1. This agreement, entered into this 7th day of February, 2019, by and between ]'North Pacific Security,
Inc. hereinafter referred to as "CONTRACTOR" and Shine Events, hereafter referred to.as "CLIENT",
which agreement is as follows.
2. CONTRACTOR agrees to furnish security guard service to CLIENT at the location of the property at:
Bigstock Concert, 18930 Couch Market Rd., Bend, OR 97703.
3. The hours of service shall be directed by the CLIENT, and may be increased or decreased by the CLIENT.
It is agreed that each guard shift shall not be less than 4 hours -or more than 12 hours. Default hours are
from 1430 to 2230, on August 10, 2019.
4. CONTRACTOR will provide eight(8) Security 01'ficers in. uniform as dictated by the CLIENT. The
Uniform will be the usual and normal uniform dsed byIhe 6(�I?1TRACTOR. Other attire the Client may
wish will be limited to normal and regular cloth' 8., A ty specific suits or unusual type clothing costs will
be the responsibility of the CLIENT. Normal" quiptlitent necessary to fulfill the assignment i.e. flashlights,
pepper spray, foul weather gear, safety glAsss=°'"reflective clothing will be provided by the
CONTRACTOR. Security Officers wiMt`alot be regti,ired`to carry a firearm. Any special equipment, gear or
forms required by the CLIENT will U, biAW at c9% plus 20%. Cell phones are provided by the contractor
at a small charge, see attachet3 jage.
-SPECIAL-REQUIRED EQUIPMENT:
NONE
5. DUTIES will be duectted by tfie CLIENT to the CONTRACTOR in writing or given verbally and will be
documented on a ltib, ot- form by the CONTRACTOR. The contracted Security Officers will perform the
duties of normal security gLards in patrolling CLIENT'S property and personnel and protect it from loss.
All incidents will beported to the CLIENT either verbally or written or both. The CONTRACTOR will
gather ill utCormat oil involving crimes against the CLIENT'S assets or personnel and provide it to the
CLIENT and ariy Official government agency as requested by the CLIENT. CONTRACTOR'S personnel
will not revd4l any information to any news agency, or other individual unless request by the CLIENT.
6. ARREST OR DETAINMENT, the Security Officers wiWwill not affect any arrests or detainments of any
one. It is the security officer's duty to observe and report any criminal activity to the CLIENT and the
police if the CLIENT desires.
7; UNLESS stated specifically in writing CONTRACTOR shall not handle, sell, buy, transport, harvest, store,
or in any way interact with any product, merchandise or money involved with the CLIENT or the
CLIENT's business, guests or customers, nor shall the CONTRACTOR perform any duties otherwise
performed by the CLIENT or the CLIENT's employees.
Rev December 4, 2018 1
8. INSURANCE:
a. General Liability Insurance
Philadelphia Indemnity Ins. Co. Policy Number PHPK1402717
Each Occurrence: $1,000,000.00
General Aggregate: $4,000,000.00
b. Commercial Auto Liability Insurance Policy Number PHPKI402717
Philadelphia Indemnity Ins. Co.
Combined Single: $1,000,000.00
c. SAIF Workers Compensation Policy Number 410485
Certificates of coverage will be provided upon request.
CLIENT agrees to pay to CONTRACTOR, the sum of $36.00 per hour,'for each Security Officer
furnished under this agreement, and $46.00 for Supervisory hours, with the agreement to adjust pricing
when mandated by cost increases from any government body,; insurance carrier,,'or other agencies that
dictates increases to the CONTRACTOR costs. An additional charge of 10% wilf be added to the bill for
administrative services. Hours worked and billed are rounded to the nearest 15 minute increment. Overtime
is computed on a forty (40) hour work week and will be billed accordingly. Any other expense must be
reviewed and agreed to with the CLIENT prior to the commitment. For extra security officers not included
in the normal contract, regular rates and a four (4) hour minimum +call-in time per officer will apply, as well
as overtime rates and per diem costs, if applicable. See attached page for current rates.
2. CONTRACTOR recognizes the following ,I
CLIENT at time and '/2 rates. CLIENT may
Holidays with no service will not
Independence Day, Labor Day, Thanl
3. VEHICLES rent or use cost will 'v
vehicle (less than 10 miles daily) is
daily) rates are $0.75 per Moe plus t
unless required by the CLIENT.
which,pay to the officer and are billed to the
which holidays they require security service on.
Year's Eve, New Year's Day, Memorial Day,
tmas Eve, Christmas Day.
ling) to the assignment. Normal daily use for a stationary
r`day. Normal non -stationary vehicle (more than 10 miles
per day rate. There will not be any vehicle usage or charge
4. PAYMENT OF SERVICES, unless otherwise stated, CLIENT agrees to pay the CONTRACTOR for all
services rendered upon receipt of an itemized statement. If the assignment is an on-going contract, payment
must be made not late (10) days after receiving invoice.
5. CANCELLATION OF CONTRACT: Either CLIENT OR CONTRACTOR may cancel this agreement
with thirty(30) daywritten notice. CLIENT agrees to pay in full the amount clue to the CONTRACTOR,
with in five j5), days of cancellation. In the case of less than forty right (48) hours notification of
cancellation of any shift client will be billed and scheduled officer paid for four (4) hours or the scheduled
ah'it4 length whichever is less.
6. EXCULPATORY CLAUSE: CLIENT agrees that CONTRACTOR is not an insurer and no insurance
coverage is offered herein. The security equipment and duties are designed to reduce certain risks of loss,
though CONTRACTOR does not guarantee that no loss will occur. CONTRACTOR is not assuming
liability, and, therefore shall not be liable to the CLIENT for any loss, personal injury or property damage
sustained by CLIENT as a result of burglary, theft, hold-up, fire, equipment failure, smoke, or any other
cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by
CONTRCTOR's negligent performance, failure to perform an obligation, performance of any obligation; or
strict products liability. CLIENT released CONTRACTOR from any claims for contribution, indemnity or
subrogation.
Rev December 4, 2018 2
RATES AND DUTIES
North Pacific Security, Inc. is a legal contractor as defined by Oregon law and holds
Department of Safety Standards and Training license Number 15. All Security officers are
certified and licensed by the State Of Oregon.
Job description is eight(S) Security Officers in uniform at the
Bigstock Concert, 18930 Couch Market Rd., Bend, OR 97703.
To promote safety of employees and public, prevent theft and vandalism of -the CLIENT'S
property.
All wages and other employee benefits will meet or exceed Bureau of Libor requirements
and are the duty of the CONTRACTOR.
All Officers must meet the requirements of the CLIENT and North Pacific Security, Inc.
Supervision, is the resRonsibi!& of the CONTRACTOR" and will be maintained through
out this assignment.
The hours called for by this assignment are (nse back' if necessary):
August 10, 2019: 1430 — 2230
COST:
Officer: S at $36.00 per man hour
Administrative Services: 1 at 10% additional
(No overtime will be generated unless dictated by the CLIENT through shift changes.)
Thank you for the opp 6rtunity to offer our services. If there are any questions or
issues of concern please .call the Business Office (800.422.4380) and we will gladly review
this with you.
Date Feb ruaary 7, 2419
Rev December 4, 2018 4
7. LIMITATION OF LIABILITY: CLIENT agrees that should there arise any liability on the part of
CONTRACTOR as a result of CONTRACTOR's negligent performance to any degree, failure to perform
any of CONTRACTOR's obligations, equipment failure or strict' products liability, that CONTRACTOR's
liability shall be limited to 5% of the service call or $250.00, whichever is greater.
8. ALL OTHER AGREEMENTS NULL AND VOID: This agreement supersedes all previous agreements,
oral or written, between the CONTRACTOR and CLIENT and represents the whale and entire agreement
between :the parties. No other agreements or representations, oral or written, have been made by the
CONTRACTOR. This agreerr►ent may not be altered, modified or amended, except in writing, properly
executed by an authorized manager of the CONTRACTORCLIENT and CONTRACTOR agree that if
any of the terms and provisions of this agreement shall be invalid or inoperative all the remaining terms and
provisions shall remain in full force and effect.
CLIENTI(
(for Shine Events)
SIGNATURE
CONTRACTOR Joshua Smith
(for North I'acifi�fecurity,!1 jnc)
v
late fgbruaM7, 2019
Rev December 4, 2018
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oDeschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of June 3, 2019
DATE: May 28, 2019
FROM: Matthew Martin, Community Development, 541-330-4620
TITLE OF AGENDA ITEM:
Review of Draft Marijuana Production Decision (70355 McKenzie Canyon Road,
Terrebonne)
BACKGROUND AND POLICY IMPLICATIONS:
Ted Price of McKenzie Canyon Farm LLC applied for land use approval to establish marijuana
production in the Exclusive Farm Use (EFU) at 70355 McKenzie Canyon Road, Terrebonne.
An administrative decision was issued on August 31, 2018, and an appeal was timely filed on
September 12, 2018. The Board heard the appeal de novo pursuant to Order 2018-061. The
Board conducted a public hearing on March 6 and 13, 2019, accepted testimony and
established an open record period that closed on April 3, 2019. Deliberations occurred on
April 24 and May 1, 2019 and, via a 2-1 vote, the Board found the proposal did not comply with
applicable criteria regarding utility verification under Deschutes County Code
18.113.330(B)(15).
ATTENDANCE: Matthew Martin, Associate Planner
MEMORANDUM
DATE: June 3, 2019
TO: Board of County Commissioners
FROM: Matthew Martin, Associate Planner
RE: Review Draft Marijuana Production Decision
(Land Use File Nos. 247 -18 -000379 -AD / 754-A)
The Board of County Commissioners (Board) on June 3, 2019 will conduct a work session to review
a draft decision denying a marijuana production application submitted by Ted Price of McKenzie
Canyon Farm LLC.
I. BACKGROUND
Ted Price of McKenzie Canyon Farm LLC applied for land use approval to establish marijuana
production in the Exclusive Farm Use (EFU) at 70355 McKenzie Canyon Road, Terrebonne. An
administrative decision was issued on August 31, 2018, and an appeal was timelyfiled on September
12, 2018. The Board heard the appeal de novo pursuant to Order 2018-061. The Board conducted
a public hearing on March 6 and 13, 2019, accepted testimony and established an open record
period that closed on April 3, 2019. Deliberations occurred on April 24 and May 1, 2019 and, via a
2-1 vote, the Board found the proposal did not comply with applicable criteria regarding utility
verification under Deschutes County Code 18.113.330(B)(15).
II. NEXT STEPS
Staff prepared a draft decision based on the Board's deliberations. The Board is scheduled to
formally adopt a final decision on June 5, 2019.'
Attachment
Draft Decision
The deadline to issue a final decision is June 6, 2019.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
'I (541) 388-6575 @ cdd9deschutes.org @ www.deschutes.org/cd
REVIEWED
sM
LEGAL COUNSEL
DECISION OF THE DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS:
APPLICANT:
OWNER:
APPELLANT:
APPELLANT'S ATTORNEY:
STAFF REVIEWER:
247 -18 -000379 -AD / 754-A
Ted Price of McKenzie Canyon Farm LLC
Marian Bertotti
Tim and Wendy DiPaolo
Liz Dickson, Dickson Hatfield LLP
Matthew Martin, Associate Planner
LOCATION: The subject property has an assigned address of 70355
McKenzie Canyon Road, Terrebonne, and is identified on County
Assessor Tax Map 14-11-23 as Tax Lot 100.
ADMINISTRATIVE
DECISION ISSUED:
APPEAL FILED:
HEARING DATES:
RECORD CLOSED:
I. SUMMARY OF DECISION:
August 31, 2018
September 12, 2018
March 6 and 13, 2018
April 3, 2019
In this decision, the Board of County Commissioners ("Board") considered the appellant's appeal of
the September 12, 2018, administrative findings and decision (file nos. 247 -18 -000379 -AD;
"Administrative Decision"). The Board exercised its discretion to hear the appeal de novo.
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The Board received four memoranda from Matt Martin, Associate Planner. The following lists the
memoranda by date:
• September 12, 2018: Included the applicant's materials, administrative decision, and record
prior to the submittal of the notice of appeal.
• February 27, 2019: Included the appellant's notice of appeal.
• March 6, 2019: Included a summary of the testimony and materials received prior to the
public hearing.
• April 24, 2019: Included a summary of the testimony and materials received prior to the
public hearing, materials received prior to the close of the post hearing open record period,
and a decision matrix.
The Board conducted a public hearing on March 6 and 13, 2019, and deliberated on April 24 and
May 1, 2019. The Board voted 2-1 (Henderson and Adair in favor; Debone opposed) to overturn the
administrative decision approving the land use permit to establish marijuana production (file no.
247 -18 -000379 -AD) on the subject property. The Board found that the applicant failed to
demonstrate the marijuana production met the utility verification requirement of Deschutes County
Code ("DCC") 18.116.330(B)(15).
II. APPLICABLE STANDARDS AND CRITERIA:
Title 18 of the Deschutes County Code (DCC), County Zoning
Chapter 18.04.
Title, Purpose and Definitions
Chapter 18.16.
Exclusive Farm Use Zones
Chapter 18.88.
Wildlife Area Combining Zone
Chapter 18.96.
Flood Plain Zone
Chapter 18.116.
Supplementary Provisions
Title 22, Deschutes County Development Procedures Ordinance
Oregon Revised Statutes Chapter 92, Subdivisions and Partitions
Ill. BASIC FINDINGS:
The Board adopts and incorporates by reference the code interpretations, findings of fact, and
conclusions of law set forth in the August 31, 2018, administrative decision in Section II (Basic
Findings), subsections A (Location), B (Lot of Record), C (Zoning), D (Proposal), E (Site Description), F
(Notice of Application), G (Agency Comments), and H (Public Comments) with the addition of the
following:
I. REVIEW PERIOD: The application was submitted on April 27, 2018. Because the application
was missing essential information, staff mailed the applicant a letter on May 25, 2018,
notifying them that their application was incomplete and requested the necessary items.
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The Planning division received the requested items and deemed the application complete
on June 7, 2018. Based on this information, the 150th day upon which the county must
issue a final local decision would have been November 4, 2018. On October 11, 2018, the
applicant requested and agreed to extend the 150 -day review time period for 215 days.
Therefore, the 150th day on which the County must take final action on this application is
June 6, 2019.
J. PROCEDURAL HISTORY: The administrative decision was issued on August 31, 2018. An
appeal was timely filed by the appellant during the 12 -day appeal period on September 12,
2018. The Board used their discretion to serve as the hearings body for the appellant's appeal
to be heard de novo pursuant to Board Order 2018-061, dated September 12, 2018.
A public hearing was held on March 6 and 13, 2019. The appellants, Tim and Wendy DiPaolo,
were represented by Liz Dickson, Attorney at Law. The applicant, Ted Price of McKenzie
Canyon Farm LLC, was self -represented. The Board heard testimony and established an
open record period that closed on April 3, 2019.
The Board conducted deliberations over two meetings on April 24 and May 1, 2019. Via a 2-
1 vote, the Board finds the proposal did not comply with the applicable criteria regarding
utility verification under DCC 18.113.330(B)(15), detailed below. For this reason, the Board
overturns the administrative decision approving the application.
During deliberations on May 1, 2019, the Board expressed concern regarding health and
safety risks from fire hazard and the lack of on-site residents at the subject property. The
Board acknowledges these concerns are not directed to specific land use review criteria in
Title 18 but wanted these concerns to be noted in the decision.
IV. FINDINGS:
Title 18 - DESCHUTES COUNTY CODE, COUNTY ZONING
The Board adopts and incorporates by reference the code interpretations, findings of fact, and
conclusions of law set forth in the August 31, 2018, Administrative Decision in the Findings section,
except for the findings relating to the DCC Sections identified below. To the extent there are conflicts
between any of the findings identified above and the findings below, the findings and conclusions
below shall control.
A. CHAPTER 18.88. WILDLIFE AREA COMBINING ZONE
Section 18.88.060. Siting Standards.
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B. The footprint, including decks and porches, for new dwellings shall be located
entirely within 300 feet of public roads, private roads or recorded easements
for vehicular access existing as of August 5, 1992 unless it can be found that.
1. Habitat values (i.e., browse, forage, cover, access to water) and
migration corridors are afforded equal or greater protection through
a different development pattern, or,
2. The siting within 300 feet of such roads or easements for vehicular
access would force the dwelling to be located on irrigated land, in
which case, the dwelling shall be located to provide the least possible
impact on wildlife habitat considering browse, forage, cover, access
to water and migration corridors, and minimizing length of new access
roads and driveways; or,
3. The dwelling is set back no more than 50 feet from the edge of a
driveway that existed as of August 5, 1992.
FINDING: The siting standard above apply to the footprint for new dwellings. The proposed
development is not a new dwelling. The Appellant contends the siting standards are applicable and
the proposed development.
Based on substantial evidence in the record, the Board finds the siting standards are not applicable
to the proposed development.
2. Section 18.88.070. Fence Standards.
The following fencing provisions shall apply as a condition of approval for any new
fences constructed as a part of development of a property in conjunction with a
conditional use permit or site plan review.
A. New fences in the Wildlife Area Combining Zone shall be designed to permit
wildlife passage. The following standards and guidelines shall apply unless
an alternative fence design which provides equivalent wildlife passage is
approved by the County after consultation with the Oregon Department of
Fish and Wildlife:
1. The distance between the ground and the bottom strand or board of
the fence shall be at least 15 inches.
2. The height of the fence shall not exceed 48 inches above ground level.
3. Smooth wire and wooden fences that allow passage of wildlife are
preferred. Woven wire fences are discouraged.
8. Exemptions:
1. Fences encompassing less than 10,000 square feet which surround or
are adjacent to residences or structures are exempt from the above
fencing standards.
2. Corrals used for working livestock.
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FINDING: The fence standards of this section are applicable to any new fences constructed as part
of development of a property in conjunction with a conditional use permit or site plan review. The
proposed development does not require a conditional use permit or site plan review. The Appellant
contends the fence standards are applicable to the proposed development.
Based on substantial evidence in the record, the Board finds the fence standards are not applicable
to the proposed development because the proposal is does not require a conditional use permit or
site plan review.
B. Chapter 18.90. SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE - SBMH
Section 18.90.020. Definition of Sensitive Habitat Area.
A. The sensitive habitat area is the area identified in the Deschutes County
Comprehensive Plan Resource Element inventory and site specific ESEE for
each sensitive bird or mammal site. The sensitive habitat area to be
protected by the provisions of DCC 18.90 is defined as the area:
1. Within a radius of 1,320 feet of a golden eagle, bald eagle, prairie
falcon nest, or a Townsend's big eared bat hibernating or nursery site.
2. Within a radius of 300 feet of a great blue heron rookery or osprey
nest.
3. Within a radius of 900 feet of a great grey owl nest site.
B. Inventoried sensitive bird or mammal sites located on federal land are not
subject to the provisions of DCC 18.90 unless the sensitive habitat area
identified in DCC 18.90.020(A)(1) extends onto nonfederal land.
FINDING: According to the Deschutes County Zoning Map the subject property is not located in the
SBMH Combining zone nor does the Deschutes County Comprehensive Plan Resource Element
inventory and site specific economic, social, environmental, and energy (ESEE) analyses include sites
near the subject property.
Record submittals attest to the presence of golden eagle nesting sites in the vicinity of the proposed
development. United States Fish and Wildlife (USFW) submitted several comments that confirm the
presence of two golden eagle nests in close proximity of the proposed project and identify concerns
the proposed development will cause nest disturbance. Because of this, the Migratory Bird Treaty
Act (MBTA) and the Bald and Golden Eagle Protection Act are applicable.
Oregon Department of Fish and Wildlife (ODFW) submitted comments contending the SBMH
Combining zone is applicable. In support, the comments cite Oregon Administrative Rule (OAR) 660-
023-0030 which states "...the initial inventory step in section (2) of this rule is not applicable in that
a local government may rely on information submitted applicants and other participants in the local
process," and a citation from the Deschutes County Year 2000 Comprehensive Plan pertaining to
the role fish and wildlife resources play in maintenance of the environment and role in the local
economy. The comments from ODFW cite the Deschutes County Year 2000 Comprehensive Plan.
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The Year 2000 Comprehensive Plan is no longer valid as it was replaced in 2013. With that said,
Section 2.6 of the current Deschutes County Comprehensive Plan contains similar language
acknowledging the importance of wildlife resource protection and related economic value provided.
The policies of the current Deschutes County Comprehensive Plan are implemented through Title
18, the County Zoning ordinance. As noted above, the nests are not inventoried and not zoned
SBMH Combining. Further, OAR 660-023-0030 does not require the local jurisdiction to impose
requirements or standards for protection of a nest that is not an inventoried Goal 5 resource. The
OAR and cited example are directed at the inventory process with the purpose to "...compile or
update a list of significant Goal 5 resources."
Based on substantial evidence in the record, the Board finds the SBMH Combining zone is not
applicable to the proposal. However, the Board emphasizes concern for potential impacts the
proposed development may have on the noted nesting sites. Further, the Board highlights that,
while not a condition of approval, the proposal is subject to the applicable regulations administered
by the federal and state governments as identified by representatives of ODWF and USFW.
C. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS
Section 18.116.330, Marijuana Production Processing, and Retailing.
B. Marijuana production and marijuana processing. Marijuana production and
marijuana processing shall be subject to the following standards and criteria.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1000 feet from:
i. A public elementary or secondary school for which attendance
is compulsory under Oregon Revised Statutes 339.010, et seq.,
including any parking lot appurtenant thereto and any property
used by the school,
ii. A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030(1)(a), including any parking
lot appurtenant thereto and any property used by the school,
iii. A licensed child care center or licensed preschool, including any
parking lot appurtenant thereto and any property used by the
child care center or preschool. This does not include licensed or
unlicensed child care which occurs at or in residential
structures;
iv. A youth activity center; and
V. National monuments and state parks.
b. For purposes of DCC 18.116.330(8)(7), all distances shall be measured
from the lot line of the affected properties listed in DCC
18.116.330(B)(7)(a) to the closest point of the buildings and land area
occupied by the marijuana producer or marijuana processor.
C. A change in use of another property to those identified in DCC
18.116.330(B)(7) shall not result in the marijuana producer or
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marijuana processor being in violation of DCC 18.116.330(8)(7) if the use
is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
iii. Lawfully established.
FINDING: The term youth activity center is not defined in DCC. Testimony in the record indicates
the property to the south of the subject property (70345 McKenzie Canyon Rd, Bend) is used for
youth oriented activities and thereby constitutes a youth activity center. Specifically, in comments
dated May 21, 2018, Steve Calavan states, "...the farm I own with Mandy Foster is adjacent [to the
subject property]. Mandy's children have raised 4-H animals from their middle school to high school
years. Her husband Calvin has led archery shoots for others at the property." In comments dated
May 14, 2018, Amanda [Mandy] Foster stated, "...we also have in the summer time 4H kids come
over." Consequently, the Appellant contends that a youth activity center does operate on their
property adjacent to the south including 4-H related activities.
Mr. Calavan's comments from May 21, 2018, references 4-H related activities of the children that
resided at the home and do not provide details regarding the frequency, number of attendees, or
characteristics of the "archery shoots." Similarly, Ms. Foster's comments from May 14, 2018, do not
provide details regarding the frequency, number of attendees, or characteristics of the activities
when, "...4-H kids come over."
Based on the evidence in the record, the Board finds the activities, as described, do not constitute
a youth activity center because there is limited proof of the activities and they are not formal in
nature such as those associated with an organized group. Therefore, the proposal complies with
the separation distance requirement of DCC 18.116.330(B)(7)(a)(iv).
8. Access. Marijuana production over 5,000 square feet of canopy areaformature
marijuana plants shall comply with the following standards.
a. Have frontage on and legal direct access from a constructed public,
county, or state road, or
b. Have access from a private road or easement serving only the subject
property.
C. If the property takes access via a private road or easement which also
serves other properties, the applicant shall obtain written consent to
utilize the easement or private road for marijuana production access
from all owners who have access rights to the private road or
easement. The written consent shall:
L Be on a form provided by the County and shall contain the
following information;
ii. Include notarized signatures of all owners, persons and
properties holding a recorded interest in the private road or
easement;
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iii. Include a description of the proposed marijuana production or
marijuana processing operation, and
iv. Include a legal description of the private road or easement.
FINDING: The applicant is proposing 4,960 square feet of canopy area for mature marijuana plants.
Record submittals have expressed objection to the proposed use and concern with transportation
impacts in the area and on McKenzie Canyon Road, a private road for much of the length of the
road including adjacent to the subject property.
Based on substantial evidence in the record, the Board finds these criteria are not applicable
because the mature marijuana plant canopy is below 5,000 square feet.
9. Lighting. Lighting shall be regulated as follows:
a. Inside building lighting, including greenhouses, hoop houses, and
similar structures, used for marijuana production shall not be visible
outside the building from 7.00 p.m. to 7:00 a.m. on the following day.
FINDING: The applicant proposes to use greenhouses for marijuana production. The greenhouses
will be equipped with Gro -Tech System Automated Light Deprivation equipment. The applicant
indicates the light deprivation system will not be opened prior to either 7:20am or 20 minutes after
sunrise, whichever is later and will be closed each evening at either 6:40pm or 20 minutes prior to
sunset, whichever is earlier. The system will be programmed to occur automatically. Record
submittals expressed general concern about lighting impacts but did not provide any evidence that
the proposed lighting and related equipment will not comply with this criterion.
Based on substantial evidence in the record, the Board finds the proposed lighting complies with
this standard, as conditioned in the Administrative Decision.
b. Lighting fixtures shall be fully shielded in such a manner that all light
emitted directly by the lamp or a diffusing element, or indirectly by
reflection or refraction, is projected below the horizontal plane through
the lowest light -emitting part.
FINDING: The proposed light fixtures are either SPYDRx PLUS or VYPRx PLUS from Fluence
Engineering. The light distribution of these fixtures is 120 degrees and below the 180 degree
horizontal plane. Record submittals expressed general concern with lighting impacts but did not
provide any evidence that the proposed lighting and related equipment will not comply with this
criterion.
Based on substantial evidence in the record, the Board finds the proposed lighting complies with
this standard, as conditioned in the Administrative Decision.
C. Light cast by exterior light fixtures other than marijuana grow lights
shall comply with DCC 15. 10, Outdoor Lighting Control.
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FINDING: The applicant indicates any exterior light will comply with DCC 15.10, Outdoor Lighting
Control. Record submittals expressed general concern with lighting impacts but did not provide
any evidence that the proposed lighting and related equipment will not comply with this criterion.
Based on substantial evidence in the record, the Board finds the proposed lighting complies with
this standard, as conditioned in the Administrative Decision.
10. Odor. As used in DCC 18.116.330(8)(10), building means the building, including
greenhouses, hoop houses, and other similar structures, used for marijuana
production or marijuana processing.
a. The building shall be equipped with an effective odor control system
which must at all times prevent unreasonable interference of
neighbors' use and enjoyment of their property.
b. An odor control system is deemed permitted only after the applicant
submits a report by a mechanical engineer licensed in the State of
Oregon demonstrating that the system will control odor so as not to
unreasonably interfere with neighbors' use and enjoyment of their
property.
C. Private actions alleging nuisance or trespass associated with odor
impacts are authorized, if at all, as provided in applicable state statute.
d. The odor control system shall.
i. Consist of one or more fans. The fan(s) shall be sized for cubic
feet per minute (CFM) equivalent to the volume of the building
(length multiplied by width multiplied by height) divided by
three. The filter(s) shall be rated for the required CFM; or
ii. Utilize an alternative method or technology to achieve equal to
or greater odor mitigation than provided by (i) above.
e. The system shall be maintained in working order and shall be in use.
FINDING: The applicant submitted a detailed site-specific odor and noise report prepared by
Oregon -licensed mechanical Kevin Wooster dated April 26, 2018. The applicant submitted an odor
report by Kevin Wooster, PE, a mechanical engineer licensed in the State of Oregon (#72285PE). The
report states odor will be mitigated as follows for the proposed buildings:
For the pole barn:
No air will be exhausted to the outside environment; therefore, no odors will be emitted. Also,
odors from doors opening for personnel entry and exit will be contained by the design of the
structure. In the pole barn, each entrance will have a vestibule, or entry hall, with two doors, so
one set of doors will always be closed as a person passes through the vestibule.
For the green houses:
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The odor control system design includes a Benzaco Scientific Odor Armor odor control system for
each greenhouse. This system is a high pressure, hose, and nozzle water scrubbing technology.
St. Croix Sensory, Inc, a lab that specializes in sensory evaluation, conducted an independent Odor
Armor system study, evaluating the efficacy of the system at a marijuana grow facility in Nevada.
The conclusion of the study was that there was "no discernible marijuana odor" at this facility.
Details of this study are included in the Appendix [of the mechanical engineer's report].
Another case study for odor control was conducted at an existing Colorado cannabis grow facility.
Neighbors of the facility were prepared to file suit with local jurisdiction to shut down the site due
to nuisance odor. After the Armor Odor system was installed, complaints dropped from 360 per
year to less than 2 per year. The complaining neighbors then submitted letters to the judge
encouraging permit renewal. Details of this study are included in the Appendix [of the mechanical
engineer's report].
Benzaco has a FAQ on Odor Control paper that is helpful with understanding the technology used
for odor mitigation. This FAQ is in the Appendix [of the mechanical engineer's report].
Given the structure and design of the pole barn and incorporating an Odor Armor odor control
system in the green houses as described above the property complies with the requirements of
DCC 18.116.330(BO(10)(d)(ii) and prevents unreasonable interference of neighbors' use and
enjoyment of their property.
Record submittals express general concern with odor but do not challenge the effectiveness of the
proposed system to mitigate odor.
Based on substantial evidence in the record, the Board finds the proposal complies with these
standards, as conditioned in the Administrative Decision.
11. Noise. Noise produced by marijuana production and marijuana processing
shall comply with the following.
a. Sustained noise from mechanical equipment used for heating,
ventilation, air condition, odor control, fans and similar functions shall
not exceed 30 dB(A) measured at any property line between 10.00 p.m.
and 7.00 a.m. the following day.
b. Sustained noise from marijuana production is exempt from protections
of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for
accepted farming practices is permitted.
FINDING: The applicant submitted a noise report by Kevin Wooster, PE, a mechanical engineer
licensed in the State of Oregon (#72285PE). The report states noise will be mitigated as follows for
the proposed buildings:
There are at least three noise mitigation factors to consider that are being used that allow the
facility to meet the noise requirement levels.
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For the pole barn:
The HVAC equipment selected is a self-contained heat pump. An Aaon model SB with
a water-cooled condenser was selected for this application. It will be installed inside a
mechanical room, inside the building, completely sealed from the outside environment.
Therefore, the building, i.e., exterior siding, insulation and interior siding, and the same
for ceiling and the roof, will contain the noise for this unit. No vents will lead to the
exterior since the cooled water from the water tower is removing the heat from the
condensing coil, so no outside cooling air is required. The circulating pumps will also
be installed in the mechanical room.
2. The water for the heat pump will be cooled with an adiabatic cooler located outside.
The model selected is a Guntner models-GFW 080. The manufacturer's specifications
state the noise level of the equipment to be 52 decibels at 30 ft. The specifications are
in the Appendix [of the mechanical engineer's report]. The laws of physics are such
that every time the distance from the source is doubled, the decibel level is reduced six
decibels. This is the inverse square law, 20Log(D2/D,) where D2 is the distance to the
property line and D, is the distance from the source of the noise from the manufactures
test date. Therefore, with the property line setback from the cooler of 386 ft, the noise
level at the property line will decrease 22.2 decibels (20Log(386/30) to 29.8 decibels
(52-22.2). This is below the code requirement of 30 decibels.
3. The outdoor cooling towers will run intermittently when there is a call for cooling.
Therefore, the noise will not be sustained, and this is also in compliance with the above
code.
For the greenhouses:
The wall fans used are Quietaire model GCS2433, GCS42100, and GCS48150. Their
noise rating average is 66 des at 3 feet. Manufactures specifications are in the
Appendix [of the mechanical engineer's report]. Again, using the inverse square
law, the noise will reduce over the distance to the property line by 36.5 dBs
(20Log(200/3)), resulting in a property line noise level of 29.5 dBs (66-36.5). This will
be reduced significantly below 24 with the sound attenuation in the duct work as
discussed below, complying with the noise code.
2. The exhaust air will also be ducted away from the fan with sound attenuated ducting
using I" K -Flex duct liner. According to the manufacturer's data, this could further
reduce the noise level at the source by 27 dBs, so the source becomes 66-27=39dB.
Recalculating the reduction in sound to the property line, the noise could be as low as
(39-36.5) approximately 3 decibels. The sound attenuation specifications are in the
Appendix [of the mechanical engineer's report].
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3. The exhaust ducting will utilize two 90 -degree turns, which by acoustical standards
reduces the noise significantly more at the exhaust point.
4. The fans will be controlled by a thermostat based on air temperature, so they will
cycle on and off. Therefore, the noise will not be sustained, and this is also in
compliance with the above code.
5. Multiple sources of sound levels are not additive. With multiple sound sources, the
total sound level added is a function of the log of the number sources, 10 log(N)
where N is the number of sources. With four fans, N=4, the additive impact will be 6
dBs, added to the source of less than 24, to total less than 30 still complying with the
noise code.
For the Mothers room in the pole barn:
A Mitsubishi M series wall mounted ductless heat pump has been selected. Their noise
rating average is 51 dBs at 3 feet. Manufacturers specifications are in the Appendix [of
the mechanical engineer's report]. Sound level at the closest property line will be
reduced by 36 dBs (20Log (200/3)), resulting in 15 dBs (51-36) at the property line,
complying with the noise code.
Record submittals expressed general concern with noise but did not provide any evidence that the
proposed equipment and engineer's evaluation do not comply with the noise criteria.
Based on substantial evidence in the record, the Board finds the proposed operation of mechanical
equipment will comply with these standards, as conditioned in the Administrative Decision.
13. Water. The applicant shall provide.
a. A copy of a water right permit, certificate, or other water use
authorization from the Oregon Water Resource Department; or
b. A statement that water is supplied from a public or private
water provider, along with the name and contact information of
the water provider; or
C. Proof from the Oregon Water Resources Department that the
water to be used is from a source that does not require a water
right.
FINDING: The submitted application materials include a letter from Three Sisters Irrigation District
dated December 26, 2017, that indicates Certificate of Water Right #74135 includes 8.0 acres
appurtenant to the subject property. Also included in the application materials is Certificate of
Water Right #82185 that is appurtenant to the subject property. Record submittals scrutinize the
type of water right allocated to the subject property and the legal authorization to use the water for
the proposed marijuana production and impoundment of water described by the applicant. In
addition, record submittals question the adequacy of this water to support the proposed use.
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Based on substantial evidence in the record, the Board finds this criterion can be met with a
condition of approval that the applicant demonstrate that the water right would be lawfully applied
with regard to use category, storage, time of use, and place of use. Should this application be
ultimately approved on appeal, the following condition shall apply to any such approval: The
applicant shall provide to Deschutes County Planning documentation from Three Sisters Irrigation
District specifically stating that that the proposed use of irrigation water is authorized with regard
to category of use, place of use, and compliance with water storage requirements, prior to initiation
of the use.
15. Utility Verification. A statement from each utility company proposed to serve
the operation, stating that each such company is able and willing to serve the
operation, shall be provided.
FINDING: The applicant provided a "will serve" letter from Central Electric Co -Operative (CEC), Inc.
dated October 19, 2017. The letter states the following:
Central Electric Cooperative has review the provided load information (Existing 200 amp three
phase 480 volt service) associated with the submitted Cannabis Grow Facility and is willing and
able to serve this location in accordance with the rates and policies of Central Electric Cooperative.
Record submittals question the adequacy of this service to provide power the proposed marijuana
production and contend this power line is only sufficient for a shared irrigation well pump.
Additional record submittals note the existing service line is provided across the adjacent property
to south without an easement or other formal agreement. Steve Calavan, the owner of the property
to the south, has indicated in submitted comments that he is not willing to allow the use or upgrade
of this electrical service line across his property for the proposed use. No alternative plan to
physically deliver the required electricity to the subject property was identified in the record. The
Board finds that, based on substantial evidence in the record, the ability of CEC to provide the
required electricity to the proposed use is rebutted.
Based on the evidence in the record, the Board finds the applicant has not met the burden of proof
to demonstrate that the operation could feasibly be served with electrical power. The application is
denied on this basis.
V. DECISION:
Based on the findings of fact and conclusions of law set out above, by a vote of 2-1 the Board hereby
DENIES the applicant's proposed marijuana production application and reverses on appeal the
August 31, 2018, administrative decision (file no. 247 -18 -000128 -AD), which approved the
application. Should a subsequent appellate body overturn the Board's decision, this decision
includes the following conditions of any such approval.
Board of County Commissioners Decision, Document No. 2019-296
File Nos. 247 -18 -000379 -AD / 754-A Page 13 of 14
VI. CONDITIONS OF APPROVAL
1. The development shall comply with all applicable conditions of approval specified in the
administrative decision dated August 31, 2018.
The applicant shall provide to Deschutes County Planning documentation from Three Sisters
Irrigation District specifically stating that that the proposed use of irrigation water is
authorized with regard to category of use, place of use, and compliance with water storage
requirements, prior to initiation of the use.
Dated this _ day of June, 2019.
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY
Philip G. Henderson, Chair
Patti Adair, Vice Chair
Anthony DeBone, Commissioner
THIS DECISION BECOMES FINAL WHEN MAILED. PARTIES MAY APPEAL THIS DECISION TO THE
LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE ON WHICH THIS DECISION IS
FINAL.
Board of County Commissioners Decision, Document No. 2019-296
File Nos. 247 -18 -000379 -AD / 754-A Page 14 of 14