2019-484-Minutes for Meeting November 12,2019 Recorded 12/11/2019•
ES
BOARD OF
M
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
Recorded in Deschutes County CJ2019-484
Nancy Blankenship, County Clerk
Commissioners' Journal 12/11/2019 3:21:48 PM
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2019-484
1
FOR RECORDING STAMP ONLY
1:00 PM TUESDAY, November 12, 2019 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 staff, citizens and no identified representatives of
the media were in attendance.
CALL TO ORDER: Chair Henderson called the meeting to order at 1:00 p.m.
ACTION ITEMS
1. Discussion of Loan Repayment by Sudara, Inc.
Kip Barrett, EDCO presented the request from Sudara, Inc. Sudara designs,
manufactures, and sells clothing products. In May 2017, Sudara received
$34,000 from a Deschutes County economic development loan to create 17
jobs. Sudara was unable to fulfill its obligation under the loan agreement
and now requests a deferment of the installment loan repayment until
March 2020.
Mr. Barrett confirmed that this loan repayment request has not gone back to
the EDCO due diligence committee. The most recent installment was made
in August, prior to this request for deferral.
BOCC TUESDAY MEETING NOVEMBER 12, 2019 PAGE 1 OF 6
Commissioner Henderson is not supportive of the deferral request but is
agreeable to reducing the monthly installment. Commissioner DeBone
would like to give direction to EDCO on this process. County Counsel Doyle
suggested an amendment to the loan agreement which would reduce the
monthly installment but include an acceleration clause. Commissioner Adair
supports a smaller monthly installment. The Board agreed to reduce the
installments to $1,200 per month, beginning on December 10tH
2. Redmond Affordable Housing Pilot Project
The affordable housing pilot project will be discussed during the joint
meeting with the City of Redmond this evening. The draft land donation
agreement between Deschutes County and City of Redmond was reviewed
for 40 acres parcel that is being considered for the affordable housing
project in Redmond. Commissioner Henderson stated if this land is being
used for affordable housing, there needs to be an understanding and written
assurances that "affordable housing" will in fact be provided. The developer
should be involved in the master plan.
Discussion held on the identified minimum of 50% of developed housing
units dedicated as affordable. Commissioner DeBone supports a discussion
with the developer that the concept is to build starter homes. HB 4079
requires 30% of the development to be defined as affordable housing.
Commissioner DeBone recommended a definition included where Deschutes
County requires a commitment of a number of housing that is affordable.
Commissioner Henderson is supportive of including that requirement in the
exhibit schedules to be prepared by the City. Owner occupied starter
homes will be defined.
Post -closing clause in the agreement will be revised to reference to House
Bill 4079. Revisions will be made to the document and will be reviewed at
the joint meeting this evening.
BOCC TUESDAY MEETING NOVEMBER 12, 2019 PAGE 2 OF 6
3. PERS Funding Strategies
Greg Munn, Chief Financial Officer gave a presentation for options and
strategies to address the Public Employment Retirement System. A copy of
the presentation is attached to the minutes. Historical data and projected
PERS costs reflected through the year 2037 were reviewed. Mr. Munn
reviewed an employer incentive fund option which allows a 25% match. Mr.
Munn showed historic returns between a local government investment plan
verses the PERS fund. Another option would be to invest reserves in EIF. A
third option is to invest reserves and state match.
The Board will review the options and further discussions will be held on the
November 25, 2019 BOCC Meeting.
4. Promoting Integration of Primary Care and Behavioral Health Care
(PIPBHC) Administrative Support Position Conversion from On -Call to
Limited Duration.
Barrett Flesh, Health Services presented the request as a part of the Certified
Community Behavioral Health Clinic to support the integrated efforts
between behavioral health with physical health. An on-call position is being
requested to be converted to a limited duration part-time position through
December 31, 2023. This position would be terminated at the end of the
CCBHC program. The Board recommended a report on the status of the
CCBHC program.
E
VOTE:
Move approval
Second
DEBONE:
ADAI R:
HENDERSON:
Yes
Yes
Chair votes yes. Motion Carried
BOCC TUESDAY MEETING NOVEMBER 12, 2019 PAGE 3 OF 6
S. Thornburgh Remand Appeal: Review Record Materials
This portion of the meeting was audio recorded. Community Development
Department plannerjacob Ripper and Assistant Legal Counsel Adam Smith
presented the review of the materials for the Thornburgh remand and to
identify the key issues. Mr. Ripper reviewed the history of the Thornburgh
Destination Resort development application. Quality and quantity of
mitigation of water is a concern. The applicant is requesting use of water
from Big Falls Ranch. LUBA remanded instructions concerning the tentative
plan condition 17. Uncertainty was created in front of the hearing's officer
relative to the water rights available to the applicant. Opponents want to
see the unrecorded copy of the agreement for the use of water rights. The
question would be does the evidence in the record show the applicant can
meet their obligations. The second appeal item is the jurisdictional
argument. The court of appeals rejected the appeal due to the form of
application submitted causing an untimely appeal.
Mr. Smith explained he had spoken with the applicant and appellant
regarding the option of tolling the clock. Since the appellant didn't agree no
one else was included in the consideration of tolling the clock. Deliberations
are scheduled for Monday, November 18 with the final decision considered
on the BOCC agenda for Monday, November 25.
The water mitigation requirement is addressed in the Fish and Wildlife
Mitigation Plan. Destination resorts requirements are well documented and
is subject to site plan review. Further discussions if needed could be held at
the BOCC meeting of November 13.
6. 2019-20 Q2 Discretionary Grant
Whitney Hale, Public Information Officer presented the second quarter
discretionary grant applications.
• The Assistance League of Bend requested $2,500 for the Operation
School Bell project. The Board supported $1,500.00.
BOCC TUESDAY MEETING NOVEMBER 12, 2019 PAGE 4 OF 6
• The Bend Chamber under Bend NEXT requested $1,500 for Leadership
Bend 2020. The Board supported $900.00.
• The Children Learning through Education and Research Alliance
requested $5,000 for CBD education. The Board supported $3,000.00.
• The Education Foundation for Bend La Pine Schools requested $2,500
for wellness grants. The Board supported $500.00.
• The Giving Plate requested $2,000 for an upgrade to their donor
management software. The Board supported $1,000.00.
• The Habitat for Humanity La Pine Sunriver requested $2,500 for critical
home repairs project. The Board supported $2,100.00
• The OSU-Cascades Innovation Co -Lab requested $1,955 for on-line
startup and nonprofit incubator program. The Board did not support
this program at this time.
• The Redmond Chamber requested $1,200 for the sponsorship of
scholarship for Leadership Redmond. The Board supported $1,000.00
• The Tower Theater Foundation requested $5,000 for the Lessonplan -
education and outreach program. This application will be considered
for arts and culture grants.
• The Upper Deschutes River Communities Coalition requested $1,350
for printing of the community wildfire protection plan brochure. The
Board supported $900.00.
• The USS Oregon Commissioning Committee requested $1,800 for the
commissioning of the USS Oregon. The Board supported $1,500.00.
• The Sisters Folk Festival requested $1,250 for the Americana project
arts outreach scholarship. This application will be considered for arts
and culture grants.
• Dawn's House requested $2,500 for emergency service funds. The
Board supported $1,500.00.
• Healing Reins requested $1,500 for upgrading a computer system.
The Board supported $1,100.00.
• The Boys and Girls Club of Bend requested $1,500 for the flannel and
frost fundraiser. The Board supported $1,200.00.
• Central Oregon Film Office requested $1,000 for the COFO fundraiser
awareness. The Board did not support this program at this time.
• The Family Access Network Foundation requested $1,500 for the FAN
annual luncheon. The Board supported $1,200.00
• Hospice of Redmond requested $2,500 for the festival of trees
fundraiser. The Board supported $1,000.00
BOCC TUESDAY MEETING NOVEMBER 12, 2019 PAGE 5 OF 6
• Latino Community Awareness requested $1,800 for empowering
families luncheon. The Board supported $900.00.
• The Central Oregon Youth Orchestra requested $1,800 for the Youth
orchestra collaboration concert. This application will be considered for
arts and culture grants.
Note: Commissioner DeBone excused himself from the meeting at 3:30 p.m.
for another scheduled appointment.
OTHER ITEMS: None presented
COMMISSIONER UPDATES: None presented
EXECUTIVE SESSION: None presented
Being no further items to come before the Board, the meeting was adjourned at 3:58 p.m.
DATED this Day of
Commissioners,
ATTEST'
RECORDING SECRETARY
hee t
2019 for the Deschutes County Board of
BOCC TUESDAY MEETING NOVEMBER 12, 2019 PAGE 6 OF 6
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:00 PM, TUESDAY, NOVEMBER 12, 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. 1:00 PM Discussion of Loan Repayment by Sudara, Inc - Erik Kropp, Deputy
County Administrator
2. 1:20 PM PIPBHC Administrative Support Position Conversion from On -Call to
Limited Duration - Barrett Flesh,
3. 1:40 PM Redmond Affordable Housing Pilot Project
4. 2:00 PM PERS Funding Strategies - Greg Munn, Chief Financial Officer
5. 2:35 PM Thornburgh Remand Appeal: Review Record Materials -Jacob Ripper,
Senior Planner
6. 4:20 PM 2019-20 Q2 Discretionary Grant Review - Whitney Hale, Communications
Director
Board of commissioners BOCC Meeting Agenda Tuesday, November 12, 2019 Page 1
of 2
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific guidelines,
are open to the media.
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.
ADJOURN
®Deschutes County encourages persons with disabilities to participate in all programs ® and activities. This event/location is accessible to people with disabilities. If you need
® accommodations to make participation possible, please call (541) 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 Tuesday, November 12, 2019 Page 2
of 2
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ca 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 Tuesday Meeting of November 12, 2019
DATE: November 6, 2019
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Discussion of Loan Repayment by Sudara, Inc
RECOMMENDATION & ACTION REQUESTED:
Discuss and direct staff as appropriate
BACKGROUND AND POLICY IMPLICATIONS:
Sudara Inc designs, manufactures and sells clothing products (primarily sleep and
lounge wear) for the U.S. consumer market. Management, design, warehouse, order
fulfillment, strategy, sales and marketing operations are at the company's headquarters
in Bend.
Sudara relocated to Bend from California in 2016. Founder and CEO Shannon Keith
initially formed Sudara as a not-for-profit after witnessing firsthand the sex trafficking of
women in India and resolved to address it through job training and creation. Sudara
works with supplier sewing centers, all in India. Each of these suppliers has been
vetted and selected based on:
- fit with Sudara's mission of offering economic and physical freedom from the sex
trade;
- sewing and training capabilities; and
- capacity for and interest in scaling up with Sudara.
In May 2017, Sudara received a $34,000 Deschutes County economic development
loan to create 17 jobs. Sudara was unable to fulfill its obligations under the loan.
agreement and in July 2019, Sudara and the County signed a loan repayment
agreement (Document 2019-534) -- attached.
Kip Barret from EDCO will meet with the Board to discuss a request from Sudara to
modify the loan repayment agreement. The request is to defer the loan repayment for
six months.
FISCAL IMPLICATIONS:
Modification of the loan repayment could
Development Loan Fund (Fund 050).
delay revenue coming into the Economic
ATTENDANCE: Deputy County Administrator Erik Kropp and Kip Barrett, EDCO Bend Area
Director
�� Wr
DESCHUTES COUNTY
tea+ BUSINESS DEVELOPMENT LOAN PROGRAM
AGREEMENT FOR. LOAN REPA'Y'MENT
#2019-534
This Business Development Loan Repayment Agreement ("Agreement") is entered into:
BETWEEN: Deschutes County (hereina_ fter referred to as "County')
PO Box 6005
Bend, OR 97708-6005
Phone: (541) 388-6570
AND: Sudara, Inc. (hereinafter referred to as "Company')
615 SE Glenwood Drive
Building A, Suite 105
Bend, OR 97702
Phone: 541-647-2459
WHEREAS, County periodically makes funding available to qualifying companies for the purpose
of promoting economic activity and. creating new jobs through the Business Development Loan
Program; and
WHEREAS, a loan made through the Business Development Loan Program may be partially or
entirely converted to a grant upon satisfaction of certain requirements and/or partially or entirely
repaid if such requirements are not met; and
WHEREAS, County loaned to Company $34,000 to expand existing operations and increase
employment by a total of 17 new jobs by March 31, 2019 and maintain such jobs through March
31, 2020; and
WHEREAS, Company did not increase employment during the loan period and is required to
repay the full amount of the loan obligation to County; and
WHEREAS, such repayment will be made in accordance with the terms of this Agreement and
Exhibits thereto; and
WHEREAS, County has engaged Economic Development for Central Oregon (EDCO) to assist in
administering and implementing the repayment plan; and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to the following terms:
3.2.3 Repay all or a portion of the loan with interest in the event that provisions described
in 3.2.1 and 3.2.2 are not met..
Section 3.3 Loan Reoavinent
3.3.1 As verified by Economic Development of Central Oregon (EDCO) and accepted by
County, Company created a total of 0 new jobs between the period of May 17, 2017
and March 31, 2019.
3.3.2 In consideration therefore, Company agrees to repay the balance of the loan, equal
to $34,000, with. interest of 8% per annum to County in accordance with the
amortization schedule outlined in Exhibit B.
3.3.3 Payments shall be made monthly over a one-year period beginning on the August 1,
2019 and ending on July 1, 2020 when the loan must be repaid in full. In the event
that Company does not repay the loan during the repayment period and at the
discretion of County. the repayment period may be extended. Any extension of the
loan repayment period must be approved by the Deschutes County Board of
Commissioners.
3.3.4 Payments shall be made monthly in the amount of $3,455.00. This amount will be
applied first to accrued interest until such time as the balance of accrued interest
reaches $0. Payments will thereafter be applied to both principle and continuing
interest until the loan is repaid in full.
3.3.5 If, at any time, Company makes additional lump sum payments toward the loan
balance, such payments will be applied first to accrued interest and second to
principle. The amortization schedule will then be adjusted to reflect either an
earlier repayment date or lower monthly payment amounts in accordance with
Company's preference.
3.3.6 Payments shall be made to Deschutes County and sent on or before the 1st of each
month to:
Deschutes County Treasurer
PO Box 6005
Bend, OR 97708-6005
Section 4.3 Ap licable Law
This Agreement is made, and shall be construed and interpreted under the laws of the State of
Oregon without regard to the principles of conflicts of law. Venue shall lie in state courts located
in Deschutes County, Oregon, provided, however, if the claim must be brought in a federal forum,
then it shall be brought and conducted solely and exclusively within the United States District
Court for the District of Oregon.
Section 4.9 Disclosure
Under Oregon law, most agreements, promises, and commitments made by a lender after October
3; 1989 concerning loans and other credit extensions which are not for personal, family, or
household purposes or secured solely by borrower's residence must be in writing, express
consideration, and be signed by the lender to be enforceable.
Section 4.10 No Waiver
No failure or delay of County in exercising any right, power or remedy under this Agreement shall
operate as a waiver of such right, power or remedy of County, or of any other right. A waiver of
any provision of this Agreement shall not constitute a waiver of or prejudice County's right
otherwise to demand strict compliance with that provision or any other provision. Any waiver,
permit, consent or approval of any kind or character on the part of County must be in writing and
shall be effective only to the extent specifically set forth in such writing.
Section 4.11 No Assi,-mnent by Company
No obligation or right under this Agreement may be assigned by the Company without the prior
consent of County, which consent may be withheld, conditioned, or delayed in the sole discretion
of County.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as, of
the dates set forth below their respective signatures.
Deschutes County Sudara, Inc.
i
Tom Anderson, County Administrator _ on Keith, C O
Date: _ `` ' -L 01 _._... � Date
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ca 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 Tuesday Meeting of November 12, 2019
DATE: November 6, 2019
FROM: Greg Munn, Finance, 541-388-6559
TITLE OF AGENDA ITEM:
PERS Funding Strategies
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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 Tuesday Meeting of November 12, 2019
DATE: November 6, 2019
FROM: Cheryl Smallman, Health Services,
TITLE OF AGENDA ITEM:
PIPBHC Administrative Support Position Conversion from On -Call to Limited Duration
RECOMMENDATION & ACTION REQUESTED:
Staff request approval to convert the PIPBHC Administrative Support Technician position
from on-call to a limited duration 0.5 FTE position.
BACKGROUND AND POLICY IMPLICATIONS:
In January 2019, Health Services' Behavioral Health Service Area was notified of Oregon's
application for Promoting Integration of Primary Care and Behavioral Health Care (PIPBHC)
funding. As a Certified Community Behavioral Health Clinic (CCBHC), the department
submitted a commitment letter to the state indicating its continued delivery of services offered
under this CCBHC certification. Oregon received the additional funds and plans to award
Deschutes County Health Services $190,000 annually, starting May 1, 2019, and running
through December 31, 2023.
The purpose of the funds is to actively continue removing barriers to allow true system
integration. The objective is to create highly competent Care Teams that incorporate both
behavioral and physical health staff using an equity, person -centered, and trauma -informed
lens in the work. To achieve this goal, the department requested an on-call Administrative
Support Technician during the Fiscal Year 2020 budget process, and now requests that
position be converted to 0.5 FTE limited duration of the same classification to allow for a set
schedule of 20 hours per week for the position. The position is currently vacant and has not
been posted. If this request is approved and the position posted within the next two weeks, we
anticipate the new employee would start on January 2, 2020, and the position would end on
December 31, 2023.
FISCAL IMPLICATIONS: Please see attached DCHS Fiscal Impact Analysis.
ATTENDANCE: Barrett Flesh, Health Services Outpatient Complex Care Services Program
Manager
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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 Tuesday Meeting of November 12, 2019
DATE: November 6, 2019
FROM: Jacob Ripper, Community Development, 541-385-1759
TITLE OF AGENDA ITEM:
Thornburgh Remand Appeal: Review Record Materials
BACKGROUND AND POLICY IMPLICATIONS:
The purpose of the Tuesday, November 12 work session will be to review the record as it relates
to the two main topics of this appeal:
1) Jurisdiction to hear the remand, and;
2) LUBA's remand instructions concerning Tentative Plan ('TP") Condition 17.
FISCAL IMPLICATIONS: None
ATTENDANCE: Jacob Ripper, Senior Planner
•
IT, l4LT, Eel ;7_\ L1IIII Iky,
DATE: November 6, 2019
TO: Board of County Commissioners
FROM: Jacob Ripper, AICP, Senior Planner
RE: Second work session to review record materials for an appeal of Phase A-1
of the Thornburgh Destination Resort on remand.
The purpose of the Tuesday, November 12 work session will be to review the record as it relates to
the two main topics of this appeal:
1) Jurisdiction to hear the remand, and;
2) LUBA's remand instructions concerning Tentative Plan ("TP") Condition 17.
I. APPEAL TOPICS
Please refer to the October 31, 2019 Staff Memo for a summary of the appeal topics.
II. RECORD
No new materials have been submitted as of the date of this memo.
Written arguments are expected by Nov. 11 no later than 11:59 p.m.
III. APPEAL TIMELINE
Staff will forward the written arguments to the Board on Monday, November 11. Atimeline forthese
proceedings is below.
As discussed at the Board's October 30 meeting, the timeline for the appeal proceedings will be as
follows:
Wed. Nov. 6: 15C work session meeting was scheduled to discuss what materials are in the record
that relate to the jurisdictional arguments and TP Condition 17, where to find them in the record,
and ask staff questions about the record.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
The Board decided to continue the conversations to the next work session meeting as one
Commissioner was absent. The Commissioners will review the materials in the record in the
meantime and request assistance from staff if required.
Tues. Nov 12: 2nd work session meeting to discuss the written arguments submitted by parties over
the weekend and other items in the record. This meeting may be continued to the following day,
Wednesday Nov. 13, depending on available time.
Mon. Nov. 18: Meeting to deliberate and provide guidance and findings so that staff can draft a final
decision.
Mon. Nov. 25: Meeting to consider signature of the final decision.
247-19-000611 -A Thornburgh Phase A-1 LUBA Remand Appeal Page 2 of 2
E S C
o c 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 Tuesday Meeting of November 12, 2019
DATE: November 7, 2019
FROM: Whitney Hale, Administrative Services, 541-330-4640
TITLE OF AGENDA ITEM:
2019-20 Q2 Discretionary Grant Review
RECOMMENDATION & ACTION REQUESTED:
Review applications and determine awards for discretionary grant applications submitted
for the second quarter of 2019-20.
BACKGROUND AND POLICY IMPLICATIONS:
Each quarter, the Board of Commissioners reviews applications submitted to the Deschutes
County Discretionary Grant Program and makes awards accordingly. On October 28, 2019,
the Board will consider requests made for activities to take place beginning on or about the
second quarter of 2019-20.
FISCAL IMPLICATIONS: If there are no fiscal implications, indicate "none". If any amount of
money is changing hands, there are fiscal implications. Be sure to indicate whether the
revenue or expenditure has been budgeted
ATTENDANCE: Whitney Hale, Administrative Services
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