2020-37-Minutes for Meeting November 25,2019 Recorded 2/3/2020�wAES co
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COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
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Recorded in Deschutes County C J2�2��37
Nancy Blankenship, County Clerk
Commissioners' ,journal 02/03/2020 8:24:42 AM
2020-37
FOR RECORDING STAMP ONLY
10:00 AM MONDAY„ November 25, 2019 BARNES & SAWYER ROOMS
Present were Commissioners Patti Adair, Phil Henderson, and Anthony DeBone. Also present were Torn
Anderson, County Administrator, David Doyle, County Counsel; and Laura Skundrick, Board
Administrative Assistant. Several citizens and identified representatives of the media were in
attendance.
]-his meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.iqm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair Henderson called the meeting to order at 10:01 am
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
• Tom McManus, Chairman of Fall River Estates HOA, explained he has an
issue with the special road district Board and is asking the Commissioners to
not approve the Board's nomination for the December vacancy. Mr.
McManus stated he has made complaints of the current Board regarding use
of public funds and ethical violations. He requested the Commissioners wait
to nominate a new member until legal investigations are complete.
• Mike Stowe, lives within the special road district and is a member of the ad
hoc committee to resolve the situation between the HOA and the SRD. He
BOCC MEETING NOVEMBER 25, 2019 PAGE 1 OF 15
stated they have made attempts to work with the SRD Board chairman but
they will not speak about it. Mr. Stowe stated that the SRD Board continues
to break Oregon Public Meetings law and make decisions at secret meetings.
He is requesting the Commissioners hear the problem because it is difficult
to get any resolution. The Commissioners thanked Mr. Stowe and Mr.
McManus for their comments. Commissioner DeBone stated this special
road district is within a small community and the board is a group of
volunteers. Commissioner DeBone observed that the request here is for
County Commissioners to decide something that is not within the domain of
the Board.
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda.
Commissioners requested to pull Items 1, 2, 3, and 4 for questions. Items 1 and 3
will come back to the afternoon session. Item 5 has been postponed to an
unknown future meeting.
ADAIR: Move approval of Consent Agenda Items 6 and 7.
DEBONE: Second
VOTE: ADAI R: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
Consent Agenda Items:
1. Consideration of Board Signature of Document No. 2019-456, St. Charles -
Psychiatric Emergency Services/SageView Contract
2. Consideration of Board Signature of Document No. 2019-772, Services
Contract with David Evans and Associates, Inc. for the NE Negus Way and NE
17Th St Improvement Project
3. Consideration of Board Signature of Document No. 2019-789, IGA with
Oregon Health Authority
4. Consideration of Board Signature of Document No. 2019-807, Criminal
justice Commission Illegal Marijuana Market Enforcement Grant
5. Consideration of Board Signature of Document No. 2020-004, BestCare -
BOCC MEETING NOVEMBER 25, 2019 PAGE 2 OF 15
Brooks Respite and Recovery Center Services in the Year 2020
6. Consideration of Board Signature of Resolution No. 2019-055, Approving a
Conversion of an On -Call Administrative Support Tech to a .50 FTE Limited
Duration Administrative Support Tech
7. Consideration of Board Signature of Letter Reappointing Leighann
Wittenberg to the Panoramic Access Special Road District Board
Consent Agenda Item #2 as pulled for discussion: Consideration of Board Signature
of Document No. 2019-772, Services Contract with David Evans and Associates,
Inc. for the NE Negus Way and NE 17Th St Improvement Project
Cody Smith, Road Department Engineer, explained the Road Department had
issued an RFP for this work and received three bids from three engineering firms,
and the top scoring bid was David Evans and Associates. The terms have been
negotiated but there was a small delay after becoming aware of a partnership
opportunity for the piping of the canal, which is a component of this project.
Commissioner Adair noted the contract still needs Risk Department's approval on
page 79, and the general liability should be $2 million for each occurrence and $5
million for aggregate. Commissioner DeBone clarified this is for the design portion,
and there will be another portion for implementation, which Mr. Smith confirmed.
Commissioner Adair stated the total project is $2.5 million, and this contract
accounts for 19% of the total. Chair Henderson added that seems like a lot for the
design, but he understands it is complicated. He inquired whether that is a factor in
scoring and Mr. Smith replied that per state law, the scoring cannot be based on
budget.
DEBONE: Move signature of Document No. 2019-772
ADAIR: Seconds, with the understanding that Risk Department will
assess and insurance will be updated to meet requirements.
VOTE: DEBONE: Yes
ADAI R: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC MEETING NOVEMBER 25, 2019 PAGE 3 OF 15
Consent Agenda Item #4 as pulled for discussion: Consideration of Board Signature
of Document No. 2019-807, Criminal justice Commission Illegal Marijuana
Market Enforcement Grant
Captain McMaster of the Deschutes County Sheriffs Office explained that the funds
awarded to Deschutes County last year from the Criminal Justice Commission for
illegal MJ enforcement have been used to enhance investigations. The team applied
for an additional two years and were awarded the renewal, and are now looking to
add a financial analyst. The grant will also continue to fund in-house positions such
as an in-house analyst and two researchers. The team is also looking to create a
webpage for the community to provide their tips. Chair Henderson inquired
whether the second detective has been added, and Captain McMaster replied he
has been hired and can begin work on December first. Chief Deputy District
Attorney Mary Anderson noted she is most excited about the breadth of this grant
and the involvement of community partners, being in a position to have a dramatic
impact and identify the problems on a larger scale. Commissioner DeBone
congratulated the team on the grant and good work, which does have implications
statewide and nationally.
ADAIR: Move Chair signature of Document No. 2019-807
DEBONE: Seconds
VOTE: ADAI R: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
ACTION ITEMS:
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
8. Consideration of Board Signature of Letter Reappointing John Ralston to
the Sunriver Service District Board
DEBONE: Move signature of letter reappointing John Ralston
ADAIR: Second
VOTE: DEBONE: Yes
BOCC MEETING NOVEMBER 25, 2019 PAGE 4 OF 15
ADAI R: Yes
HENDERSON: Chair votes yes. Motion Carried
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
9. DELIBERATIONS: Continued deliberations for Phase A-1 of the
Thornburgh Destination Resort
Jacob Ripper, Senior Planner, provided background on the discussion to date and
provided a memo and matrix stating the outstanding issues. The Commissioners
discussed how best to address the issues and requested to go through the matrix.
Jurisdiction: Commissioner DeBone suggested that this is within the County
jurisdiction and if the Supreme Court brings it up and has a different decision, that
is external to the County process. Commissioners Adair and Henderson agree.
LUBA Remand TP Condition 17: Chair Henderson stated there is evidence the water
source is consistent with what the plan called for and is sufficient in that resource.
Commissioner DeBone stated that now there is information in the record that yes it
is available with no net loss, he supports that condition 17 be removed.
Commissioner Adair agrees.
Water source: Commissioner DeBone stated his difficulty with the scenarios being
discussed, due to the water in a geolocated area relative to a proposed
development, where COID would be the water exchange entity and the state Water
Resources Department has authority. He continued, in the bigger picture,
mitigation water should be lawfully required, since there are other entities that
document whether it's appropriate. Chair Henderson agreed and inquired whether
the Commissioners are in a position to decide on this. County Counsel Dave Doyle
replied that LUBA suggested the Board provide specific language, which could be a
declaratory rule for upcoming appeals. Mr. Ripper suggested including a finding
around whether the applicant were to change something outside of what was
approved, whether they file a modification to use that water source. Assistant
Counsel Adam Smith replied if so, provide a finding that references back to
Deschutes County code in order not to speculate. Chair Henderson stated it he
thinks it would make sense as a modification and not to reapply the final master
BOCC MEETING NOVEMBER 25, 2019 PAGE 5 OF 15
plan. Mr. Smith suggested language for a standard to use a modification. Mr. Ripper
added that it could be taken on a case by case basis due to the nature of the
change. It is still a land use process, and in this circumstance the applicant cannot
make a substantial change without public having opportunity to comment.
Record objections: Mr. Smith stated this is a preliminary issue. Mr. Smith continued
that rebuttal evidence is allowed but additional evidence is not, and sometimes that
line is not clear. He added that he would rely on the Commissioners for what
information is and is not needed to make the decisions. Chair Henderson asked
Counsel Doyle his opinion, who replied that he likes the option provided by Mr.
Smith, if the additional information was not considered by the Board. Chair
Henderson supports using that statement.
Mr. Ripper stated he can include findings from today's discussion and return to the
Board meeting with a draft. Chair Henderson stated continued deliberations will be
scheduled for 2:30p.m.
Commissioner DeBone proposed beginning the public hearing and Commissioners
agree.
12. PUBLIC HEARING: 4 Peaks Music Festival Outdoor Mass Gathering
Permit
Associate Planner Kyle Collins provided two maps and explained public hearing
procedures. When asked for Commissioner ex-parte contact, Commissioner
DeBone stated he had no ex-parte contact, but did receive financial support for his
campaign last year. He confirmed he does not feel compromised in making this
decision. Chair Henderson added they have heard public hearings in the past
between both of these parties, and the only other contact has been from Mr. Minar,
who discussed the possibility of providing a sound demonstration outside of the
office. With no objections, Mr. Collins opened the hearing.
Chair Henderson inquired whether the proposed set-up is the same as last year,
and Mr. Collins confirmed it is the same site plan used the last two years. Chair
Henderson inquired about on -call security, and Mr. Collins explained the idea that
there is a bare minimum of six security on staff, but during the busy times of the
BOCC MEETING NOVEMBER 25, 2019 PAGE 6 OF 15
festival more would be called in. Chair Henderson inquired about campfires and
barbeques at campsites and/or trailers, and Commissioner Adair asked about trash
hauling dates. Chair Henderson asked if the length of set-up time is the same as
last year. Chair Henderson inquired about planning for fire safety, and stated he
had received a letter from an attorney, stating fire safety was insufficiently planned.
Mr. Collins replied they are required to coordinate with Bend Fire Department,
looking at fire access and water resources, such as the irrigation pond on the
property or to have a water storage tank as suppression material. Chair Henderson
replied the letter suggested the Fire Chief gave approval but the Fire Marshall did
not, and Mr. Collins stated ultimately the Marshall in this case did not receive the
notice, but believes they would defer to Bend Fire Department to determine the
mitigation measures.
Chair Henderson asked for applicant testimony. Attorney Steve Hultberg and
applicant Stacey Koff explained there have not been any changes made. Ms. Koff
added the space buffer was put in two years ago as an accommodation for the
neighboring property. Ms. Koff commented regarding fire suppression, that there is
an irrigation pond on -site, adequate access roads, and they have contract with
Avion to water the roads on -site. Chair Henderson noted the neighboring land
owner with forested land has brought up concerns. Mr. Hultberg stated they have
established drive aisles and fire lanes, everything is marked clearly. Water trucks
will keep dust down and if the irrigation pond gets to under half -full, they bring in
more water. The fire department and an ambulance are on -site during the event.
Chair Henderson asked about the claim that someone was found in a ditch after
overdosing, and Ms. Koff only recalled that someone had a little too much and
security escorted her and got her in a taxi home. Commissioner Adair asked
whether children attend the event, and Ms. Koff replied that in 2018 she recalls
about 450-500 were under the age of 10, but there were less than that last year.
Chair Henderson asked why the event has not moved to another part of the ranch,
and Ms. Koff stated she has mapped it out several ways and this set-up makes the
most sense for safety, access, topography, and various obstacles like brush.
Chair Henderson asked for opponent testimony. Kathy Minar responded to several
comments from the applicant's testimony. Ms. Minar added that their family, her
children, have animals and are accomplished agricultural women with a working
farm, on agriculturally zoned property. Ms. Minar stated that during this event,
these state championship animals will not eat or drink and have not made market
weight before. Ms. Minar asked the Board to deny this permit.
BOCC MEETING NOVE_MBER 25, 2019 PAGE 7 OF 15
Steve Minar asked the Board to consider testimony and evidence the Minars have
provided in past years, since much of it still applies. He addressed several of the
applicant's comments. Mr. Minar stated he works from home and it is difficult to
work during this event. He added he loves music and is not opposed to the event,
just the location. Mr. Minar stated that aside from considering to litigate, the
family's best interest is to document the violations. He has also seen drones
operating outside of the law, flying over his property and over the event. Mr. Minar
added he has worked with an audio tech to demonstrate sound, which would be
difficult to do here. He invited the Commissioners to join him and his professional
audio tech in the next week or two for a demonstration. Mr. Minar added that if
they are allowed a permit with boundaries of what they are allowed to do, but they
violate it and nothing happens, what is the point. He asked that the Commissioners
deny the application.
Chair Henderson asked for applicant rebuttal. Ms. Koff stated in reference to
violations, there have been no formal violations, and code enforcers visit every year
before and during the event. Mr. Hultberg stated that code enforcement and the
Sheriff's Office are able to come anytime, 24/7, and have all been there with no
violations. Ms. Koff commented about Ms. Minar texting her, so Ms. Koff paid for
her to stay at a hotel. Commissioner DeBone mentioned the sound test. Mr.
Hultberg stated there have been no noise violations and Ms. Koff has walked the
perimeter testing for sound. Commissioner DeBone asked during what times those
are done and Ms. Koff replied during sound check, then again at 10p.m. Mr.
Hultberg encouraged the Board to make a decision today, adding that the
application was submitted September 1st and it does make it challenging to
advertise, get band commitments, etc.
Cynthia Smidt, Associate Planner, stated she has a history of working on this case.
She replied to several comments: the land is EFU but the state allows for these uses
- it is not treated like a land use application; the percentage of the lot used is not
called out in code, but rather in their permit, what the land owners are willing to
offer; security is required at 1 per 100 for attendance, so it depends on how many
people are on site at a given time. Commissioner DeBone replied that if there were
3,000 people on site, they could need upwards of 60 people in order to cover shifts,
so they would need to plan for that. Ms. Smidt stated a group including the
planning department, the fire department, and code enforcement, all met on how
to manage the festival. Code enforcement went to the event for a couple nights, the
Sheriff's Office went to check noise, and all reports back were no violations. Every
BOCC MEETING NOVEMBER 25, 2019 PAGE 8 OF 15
agency pays attention each year to monitor this festival.
Chair Henderson stated he would like to review further and potentially finish next
week. Commissioner DeBone suggested setting a specific expectation for the
applicant. This item will move to next week's Wednesday meeting. Counsel Doyle
noted the hearing and record are now closed with deliberations scheduled for a
week from Wednesday.
11. SECOND READING: Ordinance No. 2019-016 Model Flood Amendments
Associate Planner Tanya Saltzman explained she is continuing this project for the
original planner on these amendments, Nicole Mardell, and she provided some
background. Ms. Saltzman explained a first reading has been conducted. Motion for
second reading by title only - Commissioner Adair moved. Commissioner DeBone
seconds.
ADAIR: Move for second reading by title only
DEBONE: Second
VOTE: ADAI R: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
Chair Henderson read the title into the record.
DEBONE: Move adoption of Ordinance No. 2019-016 Model Flood
Amendments
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC MEETING NOVEMBER 25, 2019 PAGE 9 OF 15
LUNCH RECESS: At the time of 1:15 p.m., the Board took a recess and
reconvened at 1:45 p.m.
Consent Agenda Item #1 as pulled for discussion: Consideration of Board Signature
of Document No. 2019-456, St. Charles - Psychiatric Emergency
Services/SageView Contract
Health Services Deputy Director Janice Garceau explained this document for
consideration is a renewal of contract with St. Charles. Commissioner Adair
inquired about amounts paid by Crook and Jefferson Counties for the contract, and
Ms. Garceau did not know the exact amounts. She explained that OHA service
element dollars are typically amounts are based on a formula that which includes
population. Chair Henderson stated it seems that transportation will need to be
funded somehow, so the hospital could utilize the service more, and Ms. Garceau
agreed and suggested there are community peers who can transport clients and
there are ways to cover those costs. Ms. Garceau confirmed that the Community
Mental Health Program has some responsibility to ensure some of these services
are available. These funds are specifically for people who show up and do not have
insurance or are underinsured.
ADAIR: Move Board signature of Document No. 2019-456
DEBONE: Second
VOTE: ADAI R: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
Consent Agenda Item #3 as pulled for discussion: Consideration of Board Signature
of Document No. 2019-789, IGA with Oregon Health Authority
Ms. Garceau explained that federal regulations now allow Health Services to extend
the CCBHC through February. Chair Henderson inquired about the total amount
and Ms. Garceau explained this is based on an estimate. Commissioner Adair
inquired about the amounts of amendments one through three, and Ms. Garceau
BOCC MEETING NOVEMBER 25, 2019 PAGE 10 OF 15
replied those were small amounts to fix small things, but this amendment is part of
continuing the original demonstration grant. Chair Henderson asked about the
expansion grant, and Ms. Garceau replied that is for a finite period.
ADAI R: Move Board signature of Document No. 2019-789
DEBONE: Second
VOTE: ADAI R: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
10. Deschutes Basin Habitat Conservation Plan / Comment Letter
Peter Gutowsky provided a copy of a letter drafted by staff based on the November
13t" panel discussion. The letter attempts to recognize the financial hardships the
habitat conservation plan creates for customers as it pertains to agricultural
economics. Irrigation districts legal obligation is to distribute and deliver water to
their patrons, so to protect themselves, they felt compelled to create a letter
reminding the audience that the Upper Deschutes has been heavily degraded. The
letter includes several alternatives. Chair Henderson inquired about option two and
suggested adding mention of possible future large infrastructure grant by the
federal government. Commissioner DeBone suggested dropping the second
concept. Commissioner Adair inquired when the statistic listing fire makeup is 2%
of our economy is from, and Mr. Gutowsky stated the updated and currently
available census is from 2017. Commissioner Adair stated she prefers alternative
two. Commissioner DeBone suggesting a wording revision, and the Board agreed
on wording. Mr. Gutowsky confirmed he can make those changes and offered to
return this afternoon if the Board prefers, and the Board agreed.
DEBONE: Move approval of letter as discussed
ADAI R: Second
VOTE: DEBONE: Yes
ADAI R: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC MEETING NOVEMBER 25, 2019 PAGE 11 OF 15
OTHER ITEMS:
• Chair Henderson had provided his jail inspection rating schedule and the
Commissioners discussed various jail facilities. Commissioner Adair noted
the upcoming weather and inquired about the timing of the work center
transitioning into the warming shelter. Administrator Anderson stated work
needs to be done to create a separation between the work center
operations, and the use agreement is being negotiated, but it is a high
priority, maybe within two to three weeks. Commissioner DeBone suggested
perhaps knowing this shelter will be open in two to three weeks could allow
for someone to open up temporarily this weekend. Commissioner Adair
stated she will call Colleen. Mr. Anderson stated it is being worked on as
quickly as they can, but will not fit the 100 bed goal so are also working with
churches or potentially private space as well. Bethlehem Inn has capacity,
and they have rules to follow there, but that space remains as well.
• Commissioner Adair stated she received an email regarding a request from a
veteran to build a tiny home in Redmond. She added that it would be
wonderful to have the Veterans Office open five days a week and Chair
Henderson agreed. Administrator Anderson replied the office is going to do a
pilot program to be open five days a week and track how well it works. Chair
Henderson stated even if it is not used a lot, it would still be good to be open
the same time as other businesses. Administrator Anderson confirmed Mr.
Kropp will do a full update for the Board regarding the pilot.
13. Continued Deliberations / Approval of Document No. 2019-804, Findings
and Decision for Thornburgh Destination Resort
Mr. Ripper provided copies of the draft decision. Chair Henderson inquired
about the removal of Condition 17, and Mr. Ripper replied that in order for
the 2017 decision to stand, it needs to be removed. Commissioner DeBone
agreed and added that the appeal is the request to remove it. Chair
Henderson asked for clarification whether the Board is able to remove it, and
Assistant Counsel Adam Smith replied that the understanding of the remand
was inviting the County to consider the condition, and empowering the
County to remove it entirely. Chair Henderson suggested he'd heard
arguments that the Board cannot, and that it holds other pieces like
BOCC MEETING NOVEMBER 25, 2019 PAGE 12 OF 15
overnight lodging. Mr. Ripper confirmed there are other sections that touch
on those. Commissioner Adair asked when Big Falls Ranch will stop pumping
water, and Mr. Ripper replied they will discontinue pumping as soon as the
water rights have been purchased. Chair Henderson asked for acronyms
such as on page four to be clarified for what they are, and Mr. Ripper
confirmed. Commissioners discussed wording regarding the statute and
timing of filing or mailing. Mr. Smith read into record the new language if the
Board would like to go forward with the decision, and they agreed to do so.
DEBONE: Move approval of Document No. 2019-804 with proposed
amendments as discussed
ADAI R: Second
VOTE: DEBONE: Yes
ADAI R: Yes
HENDERSON: Chair votes yes. Motion Carried
• Mr. Gutowsky returned with a final draft of the habitat conservation plan
letter. Commissioner DeBone inquired about the language of "proposed
action" rather than "preferred alternative" and Mr. Gutowsky replied that is
the preferred terminology. Chair Henderson proposed adding a sentence to
end of the second paragraph, that perhaps given more understanding of the
economic impact, the Board might be supportive of fund, since the Board is
not aware of the actual economic costs. Commissioner DeBone suggested
dropping the second statement, and Chair Henderson and Commissioner
Adair prefer to keep it. Commissioner Adair added there is another issue
regarding flood irrigation, which should be discussed in the future.
ADAI R: Move approval of revised HCP comment letter as discussed
DEBONE: Second
VOTE: ADAI R: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC MEETING NOVEMBER 25, 2019 PAGE 13 OF 15
RECESS: At the time of 3:44 p.m., the Board took a recess and reconvened in
the Allen Room at 3:55 p.m.
EXECUTIVE SESSION:
At the time of 3:57 p.m., the Board went into Executive Session under ORS 195.660
(2) (h) Potential Litigation. The Board came out of Executive Session at 4:07 p.m.
OTHER ITEMS:
• Commissioner DeBone mentioned that County Forester Ed Keith asked if he
wants to be involved with the interview committee for the new Fire Adapted
Community Coordinator. Chair Henderson suggested that if he is involved, to
share the candidates with the Board, and Commissioner Adair agreed.
Commissioner DeBone suggested printing the list of applicants from Neogov
for review.
• Commissioner Adair inquired about the possibility of expanding FireFree
from two days to three days, maybe in both May and June, and Administrator
Anderson clarified that the two events, one in the spring and one in fall, span
over two weekends. Commissioner Adair asked if it could be looked at for
next year, and Administrator Anderson confirmed he will pose the question
and have the costs reported back to you. The event is run and advertised by
Project Wildfire, and Solid Waste is involved for the collection.
• Commissioner Adair is trying to attend an EOCA meeting, and unfortunately
one is scheduled for the week of the Deschutes County Fair. EOCA would like
D.C. to be a part of their group and eventually hold a meeting here.
EXECUTIVE SESSION:
At the time of 4:21 p.m., the Board went into Executive Session under ORS 195.660
(2) (h) Potential Litigation. The Board came out of Executive Session at 4:27 p.m.
BOCC MEETING NOVEMBER 25, 2019 PAGE 14 OF IS
OTHER ITEMS:
• Commissioner DeBone commented on the Fall River Estates issue that is
continuing and dividing the community. Counsel Doyle stated that the
statutory status quo would be for the Board to accept the nomination and
appoint the position, and that not accepting the nomination and making the
appointment would be a deviation from the norm.
• Chair Henderson stated he feels that AOC needs to select a director sooner
rather than later.
• Administrator Anderson mentioned that some committee appointments are
set to expire at the end of December, for which the Board can determine
whether to advertise the position or renew the member. Mike Maier on the
Budget Committee is set to expire, and the Commissioners agreed to renew
his term. Jim Morrell and Carrie Novick on the Fair Board are set to expire.
The Commissioners agreed to advertise the positions with preference given
to those with prior experience.
• Commissioner DeBone stated he attended Senator Knopp's open house and
discussion about bills he is supporting, and people got excited when the
carbon bill came up.
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 4:52p.m.
DATED this Day of ` 2020 for the Deschutes County Board of
Commissioners.
RANI A AIR, CHAT
BOCC MEETING NOVEMBER 25, 2019 PAGE 15 OF 15
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
10:00 AM, MONDAY, NOVEMBER 25, 2019
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit
www.deschutes.org/meetings. 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
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
CONSENT AGENDA
Consideration of Board Signature of Document No. 2019-456, St. Charles -
Psychiatric Emergency Services/SageView Contract -Janice Garceau, BH Deputy
Director
2. Consideration of Board Signature of Document No. 2019-772, Services Contract
with David Evans and Associates, Inc. for the NE Negus Way and NE 17Th St
Improvement Project - Cody Smith, County Engineer
3. Consideration of Board Signature of Document No. 2019-789, IGA with Oregon
Health Authority -Janice Garceau, BH Deputy Director
Board of Commissioners BOCC Meeting Agenda Monday, November 25, 2019 Page 1
of 3
4. Consideration of Board Signature of Document No. 2019-807, Criminal justice
Commission Illegal Marijuana Market Enforcement Grant -Joe Brundage,
5. Consideration of Board Signature of Document No. 2020-004, BestCare - Brooks
Respite and Recovery Center Services in the Year 2020 -Janice Garceau, BH Deputy
Director
6. Consideration of Board Signature of Resolution No. 2019-055, Approving a
Conversion of an On -Call Administrative Support Tech to a .50 FTE Limited Duration
Administrative Support Tech. -Andrea Perkins,
7. Consideration of Board Signature of Letter Reappointing Leighann Wittenberg to
the Panoramic Access Special Road District Board
ACTION ITEMS
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
8. 10:10 AM Consideration of Board Signature of Letter Reappointing John Ralston
to the Sunriver Service District Board
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
9. 10:15 AM DELIBERATIONS: Continued deliberations for Phase A-1 of the
Thornburgh Destination Resort. -Jacob Ripper, Senior Planner
10. 10:45 AM Deschutes Basin Habitat Conservation Plan / Comment Letter - Peter
Gutowsky, Planning Manager
11. 11:15 AM SECOND READING: Ordinance No. 2019-016 Model Flood
Amendments - Tanya Saltzman, Associate Planner
12. 11:20 AM PUBLIC HEARING: 4 Peaks Music Festival Outdoor Mass Gathering
Permit - Kyle Collins, Assistant Planner
LUNCH RECESS
13. 1:30 PM Continued Deliberations / Approval of Document No. 2019-804,
Findings and Decision for Thornburgh Destination Resort
Board of Commissioners BOCC Meeting Agenda Monday, November 25, 2019 Page 2
of 3
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.
Executive Session under ORS 192.660 (2) (h) Litigation
OTHER ITEMS
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the meeting, pursuant to ORS 192.640.
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Board of Commissioners BOCC Meeting Agenda Monday, November 25, 2019 Page 3
of 3
L�0T E S C0G
Q
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 November 25, 2019
DATE: November 21, 2019
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2019-772, Services Contract with
David Evans and Associates, Inc. for the NE Negus Way and NE 17Th St Improvement
Project
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Document No. 2019-772, Services Contract with David Evans and
Associates, Inc. for the NE Negus Way and NE 17Th St Improvement Project
BACKGROUND AND POLICY IMPLICATIONS:
NE Negus Way and NE 17th Street are contiguous County roads located northeast of the City
of Redmond that connect NE Maple Ave to Oneil Hwy. The roads are classified as rural
collectors in the County's Transportation System Plan. The roads currently have the following
deficiencies:
• The roads have a current average width of 24 ft., while the County minimum standard
width for a collector road is 28 ft.
• Sections of the roads within the project limits currently have a pavement condition index
(PCI) as low as 22; overall, the roads have poor pavement condition.
• The easterly intersection of NE Negus Way and NE Maple Ave (access to High Desert
Sports Complex and Negus Transfer Station) is inadequately configured.
• The intersection of NE Upas Ave with NE Negus Way provides limited sight distance.
• NE Negus Way includes sharp curves.
• Portions of NE Negus Way are located outside of the established right of way.
• Numerous trees and fences encroach within the right of way of NE 17th St.
• The Central Oregon Irrigation District (COID) canal crossing bridge on NE 17th St is a
substandard timber structure in poor condition.
• Flood irrigation on adjacent properties causes ponding on both sides of a portion of NE
17th St within the right of way.
• The intersection of NE 17th St with Oneil Hwy provides insufficient turning radii.
Improvement of the roads is identified as a medium -priority project in the County's
Transportation System Plan, and the project has be obligated in the Road Department's 2020-
2024 Capital Improvement Plan. The scope of the project will include:
Packet Pg. 42
• Full -depth reclamation of the existing 24 ft.-paved roadways
• Widening the roadways to 28 ft.-wide pavement with 2 ft-wide aggregate shoulders.
• Reconfiguring the easterly intersection of NE Negus Way with NE Maple Ave.
• Realign NE Upas Ave at its intersection with NE Negus Way
• Realignment and/or superelevation improvements of portions of NE Negus Way.
• Piping the COID canal where it crosses NE 17th St.
• Removal of roadside hazards
• Improving the approach to Oneil Hwy
The Department issued a request for proposals (RFP) for architectural, engineering, and
related services for the project on May 1, 2019. Three (3) proposals were received under the
request for proposals from the following firms:
• David Evans and Associates Inc.
• Harper Houf Peterson Righellis Inc.
• Hickman Williams and Associates Inc.
The Department scored the proposal using a qualifications -based selection process pursuant
to ORS 279C.110. Based on this process, David Evans and Associates, Inc. ("Consultant")
was selected as the top-ranking proposer on June 7, 2019. A summary of the proposal
scoring is attached. Department staff conducted negotiations with Consultant between June 7,
2019 and October 18, 2019.
Approval of this contract will allow Department to issue notice to proceed to Consultant to
begin utility coordination, environmental clearances, right of way services, surveying, and
engineering.
Design of the project is anticipated to begin upon contract execution. Construction is
anticipated to begin in the spring of 2021 and to be completed in the fall of 2021.
FISCAL IMPLICATIONS: The services contract has a not -to -exceed amount of $446,736.60.
The total project cost, including engineering and construction, is currently estimated to be
$2,464,258.00.
$1,025,472.00 of the total project cost is included within Department's Road CIP budget for
Fiscal Year 2020; the remainder of the total project cost will be included in the Department's
proposed Road CIP budgets for Fiscal Years 2021 and 2022, as construction is anticipated to
occur in both fiscal years.
ATTENDANCE: Cody Smith, County Engineer
�01' E S C"O
ROAD AR MENE
June 7, 2019
Subject: Request for Proposals
Engineering Consultant Services — NE Negus Way and NE 171h St
Proposal Scoring Results
To Whom It May Concern:
The proposal evaluation committee has completed evaluation and scoring of the proposals received for the
above -referenced project. The scoring results are as follows:
Proposer
David Evans and Associates, Inc.
Harper Houf Peterson Righellis Inc.
Hickman Williams and Associates, Inc
Total Score
Rank
169
1
158
2
157
3
The County will immediately begin contract negotiation with the top -ranked proposer, David Evans and
Associates, Inc. If the County and the top -ranked proposer are not able to negotiate a contract, the County
will initiate negotiation with the second -ranked proposer.
Please contact me at cod_y.smith@deschutes.org or (541)-322-7113 with any questions or concerns.
Sincerely,
Cody Smith, PE
County Engineer
61 150 SC 27th Street Bend, Oregon 97702
(541) 3 8 8 - 6 5 8 1 road@deschutes.org www.deschutes.org
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: INovember 25, 2019 Department: Road
Contractor/Supplier/Consultant Name: IDavid Evans and Associates, Inc.
Contractor Contact: IShon Heeml Contractor Phone #: 541-760-7187
Type of Document: Services Contract
Goods and/or Services: Engineering Services - NE Negus Way and NE 17th Street
Improvement Project
Background & History: Deschutes County Road Department issued a request for
proposals (RFP) for architectural, engineering, and related services for the project on
May 1, 2019. Three (3) proposals were received under the request for proposals from
the following firms:
• David Evans and Associates Inc.
• Harper Houf Peterson Righellis Inc.
• Hickman Williams and Associates Inc.
The Department scored the proposal using a qualifications -based selection process
pursuant to ORS 279C.110. Based on this process, David Evans and Associates, Inc.
("Consultant") was selected as the top-ranking proposer on June 7, 2019. A summary
of the proposal scoring is attached. Department staff conducted negotiations with
Consultant between June 7, 2019 and October 18, 2019.
Approval of this contract will allow Department to issue notice to proceed to Consultant
to begin utility coordination, environmental clearances, right of way services, surveying
and engineering.
Design of the project is anticipated to begin upon contract execution. Construction is
anticipated to begin in the spring of 2021 and to be completed in the fall of 2021.
Agreement Starting Date: JUpon signature by all arties Ending Date: JJune 30, 2021
Annual Value or Total Payment: $446,736.60
® Insurance Certificate Received check box
Insurance Expiration Date: December 1, 2019
11/25/2019
Check all that apply:
® RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance:
Name:
Phone #:
Departmental Contact and Title: ICody Smith, County En inee
Phone #: 7113
0111
Department Director Approval:
Signature Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
After signature and recording, return scanned copy by email to Cody Smith at
Road Department
Official Review:
County Signature Required (check one):
X BOCC (if $150,000 or more) — BOARD AGENDA Item
❑ County Administrator (if $25,000 but under $150,000)
❑ Department Director - Health (if under $50,000)
❑ Department Head/Director (if under $25,000)
Legal Review Date ! r f
Document Number 2019-772
11 /25/2019
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of November 25, 2019
DATE: November 19, 2019
FROM: Jacob Ripper, Community Development, 541-385-1759
TITLE OF AGENDA ITEM:
DELIBERATIONS: Continued deliberations for Phase A-1 of the Thornburgh Destination
Resort.
BACKGROUND AND POLICY IMPLICATIONS:
Continued deliberations following a review on the record for an appeal of Phase A-1 of the
Thornburgh Destination Resort on remand. The purpose of this meeting will be to deliberate an
appeal of a Hearings Officer Decision and to provide guidance and findings so that staff can draft
a final decision.
Please refer to the staff memo and attached decision matrix prepared for the November 18
meeting, which is in the agenda packet here:
https://deschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?I D=2402
The staff memo and matrix are also in the Board's binders as item #112.
FISCAL IMPLICATIONS: None.
ATTENDANCE: Jacob Ripper, Senior Planner
Table 1 - Thornburgh Remand Appeal Decision Matrix
No.
Topic/Question
Summary of Comments in Support,
Summary of Comments in Opposition
Board Decision Points
Jurisdiction
• Courts never acquired jurisdiction because of late
• County does not have jurisdiction until a final appellate judgement is
Does the County have jurisdiction
filing/incorrect mail service for the appeal
issued.
to issue a decision?
Does the County have jurisdiction
The County was never deprived of the ability to
• The question of if the appeal to the Court of Appeals was or was not
to issue a decision?
conduct remand proceedings.
timely filed has not been answered by the Supreme Court.
A. If yes, continue review of the
remand issue.
Needed to initiate remand due to 180-day rule.
• "The Supreme Court may want to hear this case, as it is a matter of
• Can't wait for Supreme Court ruling because
First impression.
B. If no, do not review the remand
application may become void.
issue.
C. May not have jurisdiction but in
case the County does, continue
reviewing the remand issue.
The water source is the same as approved in the
• 'The recorded memorandum of agreement for the resort to purchase
If TP Condition 17 is removed, will
FWMP - Deep Canyon Creek water rights owned by
the water rights references an agreement that is not included in the
the TP comply with the no net
Big Falls Ranch.
record. The details of that agreement are crucial to know if the resort
loss/degradation standard?
• The FWMP complies with no net loss/degradation
can acquire those rights.
standard, as reviewed in the FMP.
• 'Trust deeds for BFR show encumbrances of the water rights.
A. yes, the application may be
LUBA Remand (1)
• TP Condition 17 isn't required because compliance
• The second source of mitigation water (COID) has not been secured.
a d
a pprove.
2
If TP Condition 17 is removed, will
with the FWMP is required by the FMP, therefore, the
. Removing TP Condition 17 does not satisfy the required proof
B. If no, the application may be
the TP comply with the no net
resort will meet the no net loss/degradation standard.
needed to meet the no net loss/degradation standard.
denied.
loss/degradation standard?
• Removing TP Condition 17 eliminates the perceived
. A letter from Robert Long, CWRE, demonstrates the applicant has not
ability for the applicant to change water sources
met the burden to prove acquisition of the water rights.
without further public review/modification.
• There is evidence in the record showing it is feasible
for the resort the purchase and acquire the water
rights when needed.
247-19-000799-A Page 1 of 2
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REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
DECISION OF THE DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS: 247-19-000799-A, an appeal of File No. 247-19-000611-A, a remand
from the Land Use Board of Appeals ("LUBA"), LUBA No. 2018-140.
OWNER/APPLICANT/
APPELLANT: Central Land and Cattle Company, LLC
ATTORNEY: Liz Fancher
STAFF REVIEWER: Jacob Ripper, AICP, Senior Planner
LOCATION: The proposed Thornburgh Destination Resort is large and is comprised
of numerous tax lots. The lots which are subject to this application are
located in the southernportion of the destination resort and are
identified in the table below and denoted with a (*).
Map Number & Tax Lot
Address
15-12-5000
11800 Eagle Crest Blvd.
15-12-5001
11810 Eagle Crest Blvd.
15-12-5002
11820 Eagle Crest Blvd.
15-12-7700*
67205 Cline Falls Rd.*
15-12-7701
67705 Cline Falls Rd.
15-12-7800*
67555 Cline Falls Rd.*
15-12-7801 *
67525 Cline Falls Rd.*
15-12-7900*
67545 Cline Falls Rd.*
15-12-8000
67400 Barr Rd.
HEARINGS OFFICER
DECISION ISSUED: October 15, 2019
APPEAL FILED: October 25, 2019
Board of County Commissioners Decision, Document No. 2019-804
File No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 1 of 10
PROPOSAL: A Tentative Plan (TP) for Phase A-1 of the Thornburgh Destination
Resort subdivision, Site Plan Review (SP) for associated utility facilities,
and a Modification of Application (MA) for the Site Plan Review. The
original file numbers are 247-18-000386-TP, 247-18-000454-SP, 247-18-
000592-MA, and 247-18-000874-A.
SUMMARY OF DECISION:
LUBA remanded a County Hearings Officer's approval of the applications listed in the Proposal
section above. LUBA's remand instructions addressed the 17th condition of approval ("TP Condition
17"), and whether the Tentative Plan could meet the "no net loss/degradation" standard of DCC
18.113.070(D) without the condition. In this decision, the Board of County Commissioners ("Board")
considered the applicant's appeal of the October 15, 2019 Hearings Officer Decision (file no. 247-
19-000611-A). The Board exercised its discretion to hear the appeal on the record. The record, in its
entirety, was presented to the Board as attachments to several Staff Memoranda in printed form,
as well as electronically (because several videos were entered to the record as evidence).
The Board conducted review of the record in public meetings on November 6, 12, and 13, 2019, as
well as individually outside of these meetings, and deliberated on November 25, 2019. In the
November 25, 2019 deliberations, the Board unanimously voted to removed TP Condition 17 and
affirm the approval of the Tentative Plan and Site Plan, Review.
The Board finds that the applicant proved by substantial evidence in the record that all applicable
approval standards are or can be met. The Board finds that without TP Condition 17, the subject of
the LUBA remand, the Tentative Plan still meets the, requirements of the Final Master Plan ("FMP")
and therefore still complies with the no net loss/degradation standard. Two additional arguments
were made by opponents regarding jurisdiction to issue this decision as well as objections to the
applicant's final argument. Those topics are also addressed and settled in this decision.
II. APPLICABLE STANDARDS AND CRITERIA:
Title 18, Deschutes County Zoning Ordinance
Chapter 18.113, Destination Resorts Zone
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.34,_Proceeding on Remand
Conceptual Master Plan (CMP) and Final Master Plan (FMP) for the Thornburgh Destination Resort
Board of County Commissioners Decision, Document No. 2019-804
File No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 2 of 10
III. DECISION APPEAL AND REMAND BACKGROUND:
The 2018 Hearings Officer Decision approved the initial Phase A-1 proposal and was issued on
October 30, 2018. An appeal was filed by Annunziata Gould on November 9, 2018. Due to time
constraints, the Board declined review of the appeal, making the Hearing's Officer Decision the
County's final decision upon mailing Board Order 2018-073 on November 15, 2018. Ms. Gould
appealed the County's final decision, and LUBA remanded (LUBA No. 2018-140) on a singular issue
- TP Condition 17. Ms. Gould's other assignments of error were denied by LUBA.
Ms. Gould attempted to appeal LUBA's remand decision to the Court of Appeals. The Court of
Appeals did not accept Ms. Gould's appeal because it was mailed with the incorrect class of service,
causing the Court to dismiss the appeal as untimely. Thornburgh initiated remand proceedings on
August 2, 2019, file no. 247-19-000611-A. The County, set a hearing date and mailed notice to those
parties entitled to receive notice. On October 15, 2019, the County mailed the Hearings Officer
Decision, where the Hearings Officer found he did not have jurisdiction to issue a decision. An
appeal of the Hearings Officer's Decision was timely filed by the applicant during the 12-day appeal
period on October 25, 2019. The Board used its discretion to hear the appeal on the record pursuant
to Board Order 2019-043, dated October 30, 2019.
The Board conducted a review of the recur
as well as individually on their own time, am
25, 2019 deliberations, the Board unanim(
approval of the Tentative Plan and Site Plan
IV.
TITLE 22 OF THE DESC
Chapter 22.34, Proceedings
in, public meetings on November 6, 12, and 13, 2019,
deliberated on November 25, 20191. In the November
isly voted to remove TP Condition 17 and affirm the
review on remand from LUBA.
.u�wNa
COUNTY CODE, DEVELOPMENT PROCEDURES ORDINANCE
)n Remand
DCC 22.34 shall govern the procedures to be followed where a decision of the County has
been remanded by LUBA or the appellate courts or a decision has been withdrawn by the
County following an appeal to LUBA.
FINDING: This matter is before the County on remand from LUBA. Therefore, the procedures and
provisions of DCC 22.34 apply.
Section 22.34.020. Hearings Body.
Deliberations were initially scheduled for November 18 but were continued to November 25, 2019.
Board of County Commissioners Decision, Document No. 2019-804
File No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 3 of 10
The Hearings Body for a _remanded or withdrawn decision shall be the Hearings Body firom
which the appeal to LUBA was taken, except that in voluntary or stipulated remands, the
Board may decide that it will hear the case on remand. If the remand is to the Hearings
Officer, the Hearings Officer's decision may be appealed under DCC Title 22 to the Board,
subject to the limitations set forth herein.
FINDING: The Hearings Officer was the hearings body for the proposed TP, SP, and MA applications.
The Board of County Commissioners did not hear the appeal of the 2018 Hearings Officer Decision,
therefore, the matter went before the Hearings Officer for review, in compliance with this criterion.
The Hearings Officer Decision was appealed and the Board accepted review, also in compliance with
this criterion.
Section 22.34.030. Notice and Hearings Requirements.
A. The County shall conduct a hearing on any remanded or withdrawn decision, the
scope of which shall be determined in accordance with the applicable provisions of
DCC 22.34 and state law. Unless state law requires otherwise, only those persons
who were parties to the proceedings before the County
and be entitled to participate in any hearing on remand.
entitled to notice
B. The hearing procedures shalt comply with the minimum requirements of state law
and due process for hearings on remand and need comply with the requirements of
DCC 22.24 only to the extent that such procedures are applicable to remand
proceedings understate law.'
C. A final decision shall be made within 120 days of the date the applicant initiates the
remand in accordance with state law.
D. In addition to the requirements of subsection (C) of this section, the 120-day period
established under subsection (C) of this section shall not begin until the applicant
requests in writing that the county proceed with the application on remand, but if
the county does not receive the request within 180 days of the effective date of the
final order or the final resolution of the judicial review, the county shall deem the
application terminated.
E. The 120-day period established under subsection (C) of this section maybe extended
for up to an additional 365 days if the parties enter into mediation as provided by
ORS 197.860 prior to the expiration of the initial 120-day period. The county shall
deem the application terminated if the matter is not resolved through mediation
prior to the expiration of the 365-day extension.
FINDING: Written notice of the remand initiation requestandpublic hearing wereprovidedonly to -
the parties who participated in the previous proceedings for the Hearings Officer's decision relating
to 247-18-000386-TP, 454-SP, and 592-MA, and only those parties were allowed to participate in the
hearing on remand. Procedures for the public hearing complied with the requirements for hearings
in DCC 22.24. The applicant initiated the remand on August 2, 2019, and notice of the Board's
acceptance of the appeal was mailed to the same parties who were entitled to notice of the initial
remand proceedings. The 120th day for a final decision to be issued is November 30, 2019.
Board of County Commissioners Decision, Document No. 2019-804
Pile No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 4 of 10
Section 22.34.040. Scope of Proceeding,
A. On remand, the Hearings Body shall review those issues that LUBA or the Court of
Appeals required to be addressed. In addition, the Board shall have the discretion
to reopen the record in instances in which it deems it to be appropriate.
B. At the Board's discretion, a remanded application for a land use permit may be
modified to address issues involved in the remand or withdrawal to the extent that
such modifications would not substantially alter the proposal and would not have a
significantly greater impact on surrounding neighbors. Any greater modification
would require a new application.
C. If additional testimony is required to comply with the remand, parties may raise
new, unresolved issues that relate to new evidence directed toward the issue on
remand. Other issues that were resolved by the LUBA appeal or that were not
appealed shall be deemed to be waived and may not be reopened.
FINDINGS:
Prior Decision
The applicable criteria, findings, and cc
Officer Decision for the Tentative Plan
decision as discussed below, are hereby
LUBA Remand and TP;Condition 17
The Hearings Officer approved the Phas(
was appealed to LUBA, and LUBA remar
ns of approval contained within the 2018 Hearings
to Phan Review, except where they conflict with this
ed and incorporated herein by reference.
A-1 Tentative Plan proposal in 2018. The County's decision
Jed on a singular issue - TP Condition 17:
17. Site design approval. Prior to issuance of building permits for the single family
dwellings, obtain site design approval for at least 50 OLU's, which approval shall
demonstrate that: a) the OLU's qualify as such and b) the Big [Falls] Ranch and COID
water referenced in the Mitigation Plan and FMP decision have been secured, [or]
demonstrate that the proposed alternate source is acceptable to ODFW and provides
the samequantity and quality mitigation so as to not constitute a substantial
modification or justify a modification to the FMP.
The Hearings Officer imposed this condition, as it relates to water mitigation because, as he stated
in his decision:
[T]he applicant demonstrated at the FMP stage that mitigation was feasible and identified
specific sources. Opponents now have raised sufficient evidence to call into question
whether obtaining water from those sources remains feasible. On the other hand,
demonstrating that the applicant has rights from Big [Falls] Ranch and COID should be
straight -forward. The Big [Falls] Ranch rights appear to be the more important given the
emphasis put on them by ODFW. COID water appears to relate more to quantity, although
Board of County Commissioners Decision, Document No. 2019-804
File No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 5 of 10
ODFW stressed that providing mitigation water during the irrigation season ,s important. I
find that failure to obtain the ODFW [Big Falls Ranch] and COID water referenced in the
Mitigation Plan and FMP decision may constitute a substantial modification to the FMP
approval.
LUBA summarized the reason for the remand:
We conclude that TP Condition 17 violates the right to a public hearing on whether the no
net loss/degradation standard will be satisfied by mitigation from water sources not
specified in the mitigation plan. Accordingly, the county may not rely on TP Condition 17 to
conclude that, as conditioned, the tentative plan approval will comply with the mitigation
plan and thus satisfy the no net loss/degradation standard. On remand, the county must
consider whether, without TP Condition 17, the tentativeplan for Phase A-1 satisfies the no
net loss/degradation standard and whether a change in the source of mitigation water
constitutes a substantial change to the FMP approval, requiring a new application,
modification of the application, or other further review consistent with FMP and DCC
destination resort regulations.
This is the limit and extent of what must be answered by the County on remand. The question is
limited to mitigation for the Phase A-1 tentative plan only, not to other future development of the
resort. All other issues related to the tentative plan and site plan were settled by LUBA in favor of
the applicant.
LUBA explained that the Hearings <Officer imposed TP Condition 17 because he was uncertain
whether it was feasible to purchase water rights for mitigation from the sources described in the
FWMP. The uncertainty related to the Big Falls Ranch water rights and the transfer of the point of
diversion from Deep Canyon Creek to a groundwater point of appropriation and whether this would
make the water rights unavailable for purchase by the applicant or its related utility company,
Pinnacle Utilities LLC. This uncertainty led the Hearings Officer to believe a change in the source of
water rights might be required and might constitute a modification of the FWMP and FMP. A change
in water source, not the existence of uncertainty, would cause the Tentative Plan, without TP
Condition 17, to violate the no net loss/degradation standard. The FWMP requires that the water
quantity and nuality mitigation described in the elan he nrnvided hefnre the anplicant may mimn
groundwater to serve Phase A-1 and thereby assures compliance with the no net loss/degradation
standard.
In these proceedings, the applicant removed any uncertainty about whether it can purchase the Big
- Falls Ranch irrigation water described in the FWMP. The applicant has shown that the Big Falls Ranch -
water rights associated with Deep Canyon Creek are and remain surface water rights even though
they are pumped from groundwater wells. They may be purchased by the applicant to mitigate for
impacts that will occur after the resort starts to pump groundwater for resort uses. When Big Falls
Ranch water rights are purchased, Big Falls Ranch will discontinue pumping the groundwater
_ associated with the rights purchased. _
Board of County Commissioners Decision, Document No. 2019-804
File No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 6 of 10
The applicant has shown in its evidence submitted to the record, that it is feasible for it to purchase
the Big Falls Ranch water referenced in the FWMP. It is not necessary for the applicant to purchase
mitigation water from COID at this point because the amount of water to be purchased from Big
Falls Ranch is more than what is required to mitigate for Phase A-1 uses. Additionally, Big Falls Ranch
is the only source of water identified by the FWMP that provides both water quality (temperature)
and water quantity mitigation.
Approval of the Tentative Plan does not require TP Condition 17 because the applicant remains
bound to obtain water rights for mitigation from the sources specified by the FWMP, as approved
in the FMP. Additionally, the applicant has demonstrated that the alleged situation that created
uncertainty about the Big Falls Ranch mitigation water rights - the transfer of the point of diversion
of Big Falls Ranch water - does not prevent compliance with the FWMP.
LUBA's question on remand assumes that no part of TP Condition 17 will remain in effect, including
part "a)", which addressed overnight lodging units (" OLUs"). It does not ask the County to address
whether this part of the condition is required to assure compliance with relevant approval criteria.
The requirement imposed by part will be determined by the County during the public review of the
OLU Site Plan Review when it is submitted. FMP Condition 21 requires deed restrictions on all single-
family lots that prevents the sale of those lots until at least 50 OLUs have been constructed and are
ready for rent.
LUBA found that the Tentative Plan does not alter the FWMP and, therefore, conditions of approval
are not needed to assure compliance with the plan. Absent a change in the source of mitigation
water, there is no need to impose a condition of approval to assure compliance with the FWMP. The
fact that TP Condition 17 allowed such a change without public review was the reason LUBA
remanded the County's approval. Without TP Condition 17, the Tentative Plan approval no longer
allows for the possibility for the applicant to change the source of the FWMP mitigation water
without a public review.'
The LUBA remand included instructions that the County must consider, "whether a change in the
source of mitigation water constitutes a substantial change to the FMP approval", and if that change
would require a new application, a modification of the approval, or other review consistent with the
FMP and DCC regulations. Since the applicant is not proposing to change the source of mitigation
water,
the Board simply notes that a change from a mitigation water source other than those approved in
the FWMP and FMP would require further review consistent with the FMP and DCC regulations. As
is the case with other land use permits, the nature and extent of the specific modification dictates
the process to review the change. DCC 22.36.040 provides specific guidance for modifications of
approvals:
A. An applicant may apply to modify an approval at any time after a period of six months
has elapsed from the time a land use action approval has become final.
B. Unless otherwise specified in a particular zoning ordinance provision, the grounds for
filing a modification shall be that a change of circumstances since the issuance of the
approval makes it desirable to make changes to the proposal, as approved. A
Board of County Commissioners Decision, Document No. 2019-804
File No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 7 of 10
modification shall not be filed as a substitute for an appeal or to apply for a
substantially new proposal or one that would have significant additional impacts on
surrounding properties.
C. An application to modify an approval shall be directed to one or more discrete aspects
of the approval, the modification of which would not amount to approval of a
substantially new proposal or one that would have significant additional impacts on
surrounding properties. Any proposed modification, as defined in DCC 22.36.040,
shall be reviewed only under the criteria applicable to that particular aspect of the
proposal. Proposals that would modify an approval in a scope greater than allowable
as a modification shall be treated as an application for a new proposal.
D. An application for a modification shall be handled as a land use action.
A proposal to modify the FMP would have to meet the requirements of (B) and (C) above and would
be a publicly noticed application, allowing for public participation.
In summary, the Board finds TP Condition 17 is not required to assure compliance with the "no net
loss/degradation" standard of DCC 18.113.070(D) because the applicant must follow the FWMP, a
plan found by LUBA to meet the no net loss standard because the applicant has shown it is feasible
to obtain the Big Falls Ranch mitigation water. By so doing, the applicant will comply with the no net
loss/degradation standard, as approved by, and consistent with, the FMP.
jurisdiction
As previously described, Ms. Gould attempted to appeal LUBA's remand decision to the Court of
Appeals. The Court of Appeals did not accept Ms. Gould's aooeal because her attornev mailed the
appeal with the incorrect class of service, causing the Court to dismiss the appeal on July 18, 2019.2
The applicant then initiated the subject remand proceedings on August 2, 2019. Pursuant to ORS
215.435(2)(a), an applicant is required to initiate a remand within 180 days counted from the date
"of the final order or the final resolution of the judicial review." As represented by the applicant, the
date beginning the 180-day period was July 12, 2019. More importantly, once the applicant initiated
the remand, ORS 215.435(1) provided the County only 120 days to take final action on the remand
application. That 120-day period ends on November 30, 2019.
A remand hearing was noticed and held on August 27, 2019. During and after the hearing, Ms.
Gould argued that the County did not have jurisdiction to hear the remand because she intended
to file a petition asking the Oregon Supreme Court to review the Court of Appeals' dismissal. After
the public hearing, the Supreme Court approved Ms. Gould's request for 28-day extension to file
the petition for review, pushing out that deadline until October 11, 2019. Assuming that Ms. Gould -
would in fact file a petition for review to the Oregon Supreme Court, on October 14, 2019, the
Hearings Officer issued his decision declining to hear the matter. As of the date of this decision, it
is not known if the Supreme Court will accept or decline review of that subsequent appeal.
Regardless, Ms. Gould argued that the appellate courts retain exclusive jurisdiction until such time
as a final appellate judgment is issued, and the County_ thereby lacks jurisdiction because the matter
z Ms. Gould also filed a motion to reconsider, which the Court of Appeals denied on August 9, 2012.
Board of County Commissioners Decision, Document No. 2019-804
File No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 8 of 10
is still pending before the Supreme Court. The applicant, on the other hand, argued that the
appellate courts never acquired jurisdiction because filing an untimely appeal does not create
jurisdiction or deprive the County of jurisdiction.
The Board disagrees with the Hearings Officer that Ms. Gould's attempt to appeal LUBA's decision
to the Court of Appeals stripped the County of its statutory mandate to issue a final decision in this
case within the 120-day period ending on November 30, 2019. Because the Court of Appeals never
obtained jurisdiction from LUBA, the Board further finds that Ms. Gould's petition for review filed
with the Supreme Court did not divest the County of jurisdiction where it previously had obtained
jurisdiction. Thereby, the Board finds the County has jurisdiction to issue this decision, consistent
with the arguments presented by the applicant. Any other decision could result in the County being
forced to defend a mandamus proceeding pursuant to ORS 215.437, and will result in uncertainty
and unnecessary burdens born solely by the applicant. Although Ms. Gould's appeal was only a
handful of days late because of an erroneous mailing, any other decision could also establish
unfavorable precedence whereby any local government is stripped, of its land use jurisdiction
anytime an opponent appeals a LUBA decision late, be such an untimely appeal filed 30, 60, or even
365 days after a filing deadline.
Record Objections
On behalf of Ms. Gould, Mr. Kleinman submitted record objections to some of the items submitted
in the applicant's final legal arguments following the public hearing, specifically, the September 24
submittals from Ms. Neuman, Ms. Fancher, and Central Land and Cattle Co. Mr. Kleinman argued
that those submittals contained new evidence. Both Ms. Fancher and Ms. Neuman responded to
Mr. Kleinman's objections. These objections and responses are reiterated in the final written
arguments submitted as part of the appeal proceedings by both parties.
The Board notes that the applicant conceded that a least some new evidence was submitted as part
of final legal argument. However, the Board takes no position on Mr. Kleinman's objections because
the materials that are the subject of those objections are not necessary to support the Board's
findings in this decision. Even without those materials, the record for these proceedings is still quite
substantial and sufficient to support this decision The Board finds those materials that were
objected to are not dispositive of this decision, and the Board thereby did not rely upon the
materials subject to Mr. Kleinman's objections.
Other Issues
The Board finds that all other issues raised in these remand proceedings are either outside of the
scope of the remand, were resolved in prior proceedings (e.g. the Final Master Plan), or were waived.
To the extent there is a nexus between these issues and the remand issue, the Board finds that
these issues have been previously settled in previous land use proceedings, adequately addressed
by conflicting evidence in the record, or were sufficiently mitigated by conditions of approval.
V. DECISION:
Board of County Commissioners Decision, Document No. 2019-804
File No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 9 of 10
Based on the findings of fact and conclusions of law set out above, the Board concludes that the
applicant has demonstrated that all applicable criteria have been satisfied or can be satisfied.
Accordingly, the Tentative Plan and Site Plan Review for Phase A-1 of the Thornburgh Destination
Resort (247-18-000386-TP, 247-18-000454-SP, and 247-18-000592-MA) is approved, inclusive of all
of the conditions of approval for that decision except that Conditional of Approval 17 is hereby
removed.
Dated this day of November, 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. 2019-804
File No. 247-19-000799-A Thornburgh Phase A-1 LUBA remand Page 10 of 10
v1 ES CMG
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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 Monday Meeting of November 25, 2019
DATE: November 13, 2019
FROM: Peter Gutowsky, Community Development, 541-385-1709
TITLE OF AGENDA ITEM:
Deschutes Basin Habitat Conservation Plan / Comment Letter
RECOMMENDATION & ACTION REQUESTED:
Discussion item.
BACKGROUND AND POLICY IMPLICATIONS:
Staff prepared a letter providing comments for the draft Deschutes Basin Habitat Conservation Plan
(HCP) for the Board's consideration.
The draft HCP and application for Incidental Take Permits (ITP) were submitted to the U.S. Fish and
Wildlife Service on August 30, 2019 by the City of Prineville and eight irrigation district members of the
Deschutes Basin Board of Control (Applicants) to address the impacts of their water management
activities on threatened and endangered species in the Deschutes Basin.
The draft HCP and associated Environmental Impact Statement (EIS) are now available for public
comment for 60-days, which ends on December 3, 2019. If approved, the Applicants will obtain an ITP,
which provides Endangered Species Act (ESA) regulatory assurances for 30 years. The covered species
include the Oregon spotted frog, bull trout, steelhead trout (listed as threatened under the ESA), and
sockeye salmon and Chinook salmon (not currently listed under the ESA).
FISCAL IMPLICATIONS: None
ATTENDANCE: Peter Gutowsky, Planning Manager
BOARD OF COUNTY COMIVHSSIONERS
November 13, 2019
Public Comments Processing:
Attn: Docket No. FWS-R1-ES-2019-0091, MS: JAO/1 N
U.S. Fish and Wildlife Service
5275 Leesburg Pike
Falls Church, VA 22041-3803
Re: Draft Habitat Conservation Plan & Draft Environmental Impact Statement
To Whom It May Concern,
On January 9, 2019, the Deschutes County Board of Commissioners respectfully requested Cooperating
Agency status with the U.S. Fish and Wildlife Service (FWS) to cooperate in the preparation of an
environmental analysis and draft and final programmatic Environmental Impact Statement (EIS) for a
Deschutes Basin Habitat Conservation Plan (HCP) pursuant to the National Environmental Policy Act. The
FWS on February 8, 2019 invited Deschutes County cooperation based on its jurisdiction by law and
special expertise with respect to environmental issues to be addressed in the EIS. A Memorandum of
Agreement between the FWS and Deschutes County was signed on March 7, 2019.
The Deschutes County Board of Commissioners (Board) offers the following comments.
1. The draft HCP and application for Incidental Take Permits by the City of Prineville and eight irrigation
district members of the Deschutes Basin Board of Control (Applicants) is reasonable when evaluating
the other alternatives' effect on agricultural economics. Based on the draft EIS, the Board recognizes
the HCP will likely create financial hardships for the Applicants and their patrons/customers over the
next 30 years. However, Alternatives 3 and 4 are more pronounced. The draft EIS states in Deschutes
County, farm sector employment and income represent up to approximately 2% of the economy,
compared to 12% for Crook County and 13% for Jefferson County. According to the proposed action,
in dry water years, economic contribution declines in all counties, with Jefferson County potentially
experiencing the greatest reduction in forage/grain-related employment and income. In median
water years, under the high conservation scenario, there would be no impacts on production value.
Under the low conservation scenario, there would be impacts that would lead to reduced crop
production value. Across all irrigated lands in the three counties over the permit term in a median
wateryear, changes in annual forage/grain production value may range from $0 to -$2.5 million, while
1300 I1JW Wall Scree[ Bend, 0! egon 9770 ,'
(541 ) 38F 0571 board(a)desChL es.org (fl) L-Jt s.org
in a dry year annual changes in agricultural production value may range from -$1.0 million to -$9.9
million. These impacts only increase with Alternatives 3 and 4.'
2. The Applicants' HCP proposes moderating winter and summer flows for the Upper Deschutes River
system to address years of degraded habitat of the Oregon spotted frog and other covered species.
The Board and its staff are not experts on the physical habitat needs of these species. Nonetheless,
listening to community input, Alternative 2 does have limitations because it focuses entirely on water
conservation measures that take several years to implement over the 30 year permit period of the
HCP.2 Alternative 3 offers some advantages, albeit with increasing expenses to the Applicants and
presumably their patrons/residents. First, it puts more water in the Upper Deschutes River system
sooner than Alternative 2 but less than Alternative 4.3 This action, coupled with a habitat restoration
fund, which is not included in Alternative 2, may minimize or negate litigation, a costly expense that
would be borne by the Applicants. The habitat restoration fund compliments increasing streamflow
by providing immediate resources for the covered species while the Applicants diligently implement
their conservation measures over the next 30 years.
Sincerely,
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
Philip G. Henderson, Chair
Patti Adair, Vice -Chair
Anthony DeBone, Commissioner
1 For Alternative 3, across all irrigated lands in the three counties over the permit term in a median water year, the change in annual forage/grain
production value may vary from approximately $0 to -$1.3 million, while a in dry year the change in annual forage/grain production value may
range from -$2.9 million to -$10.0 million. For Alternative 4, across all irrigated lands in the three counties over the permit term in a median
water year, the change in annual forage/grain production value may vary from approximately -$1.3 million to -$3.9 million, while a in dry year
the change in annual forage/grain production value may range from -$6.1 million to -$14.7 million.
2 Upper Deschutes River winter flows for Alternative 2 increase from 100 cfs to 200 cfs starting in years 6-10, and 200 cfs to 300 cfs from years
11-20. It is not until years 21-30 that flows increase to 400 cfs.
3 Upper Deschutes River winter flows for Alternative 3 increase from 100 cfs to 300 cfs starting in years 6-10, 300 cfs to 400-500 cfs from years
11-20, and 400-500 cfs for years 21-30.
November 13, 2019
Public Comments Processing:
Attn: Docket No. FWS-R1-ES-2019-0091, MS: JAO/1 N
U.S. Fish and Wildlife Service
5275 Leesburg Pike
Falls Church, VA 22041-3803
Re: Draft Habitat Conservation Plan & Draft Environmental Impact Statement
To Whom It May Concern,
On January 9, 2019, the Deschutes County Board of Commissioners respectfully requested Cooperating
Agency status with the U.S. Fish and Wildlife Service (FWS) to cooperate in the preparation of an
environmental analysis and draft and final programmatic Environmental Impact Statement (EIS) for a
Deschutes Basin Habitat Conservation Plan (HCP) pursuant to the National Environmental Policy Act. The
FWS on February 8, 2019 invited Deschutes County cooperation based on its jurisdiction by law and
special expertise with respect to environmental issues to be addressed in the EIS. A Memorandum of
Agreement between the FWS and Deschutes County was signed on March 7, 2019.
The Deschutes County Board of Commissioners (Board) offers the following comments.
1. The draft HCP and application for Incidental Take Permits by the City of Prineville and eight irrigation
district members of the Deschutes Basin Board of Control (Applicants) is reasonable when evaluating
the other alternatives' effect on agricultural economics. Based on the draft EIS, the Board prefers
Alternative 2 the proposed action while also recognizite-s the HCP will likely create financial
hardships for the Applicants and their patrons/customers over the next 30 years. However,
Alternatives 3 and 4 are even more pronounced. The draft EIS states in Deschutes County, farm sector
employment and income represent up to approximately 2% of the economy, compared to 12% for
Crook County and 13% for Jefferson County. According to the proposed action, in dry water years,
economic contribution from agriculture declines in all counties, with Jefferson County potentially
experiencing the greatest reduction in forage/grain-related employment and income. In median
water years, under the high conservation scenario, there would be no impacts on production value.
Under the low conservation scenario, there would be impacts that would lead to reduced crop
production value. Across all irrigated lands in the three counties over the permit term in a median
water year, changes in annual forage/grain production value may range from $0 to -$2.5 million, while
1300 NW Wall Street fiend, Oregon 97703
Q� (54-1) 388 6572 board@deschutes.org vvvvvv.deschutes.org
in a dry year annual changes in agricultural production value may range from -$1.0 million to -$9.9
million. These impacts only increase with Alternatives 3 and 4.'
2. The Applicants' HCP proposes moderating winter and summer flows for the Upper Deschutes River
system to address years of degraded habitat of the Oregon spotted frog and other covered species.
The Board and its staff are not experts on the physical habitat needs of these species. Nonetheless,
listening to community input, Alternative 2, the proposed action, does have limitations because it
focuses entirely on water conservation measures that take several years to implement over the 30
year permit period of the HCP.2 While the Board supports Alternative 2 Alternative 3 does offers
some advantages, albeit with increasing expenses to the Applicants and presumably their
patrons/residents. First, it puts more water in the Upper Deschutes River system sooner than
Alternative 2 but less than Alternative 4.3 This action, coupled with a habitat restoration fund, which
is not included in Alternative 2, may minimize or negate litigation, a costly expense that would be
borne by the Applicants. The habitat restoration fund compliments increasing streamflow by
providing immediate resources for the covered species while the Applicants diligently implement
their conservation measures over the next 30 years.
Sincerely,
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
Philip G. Henderson, Chair
Patti Adair, Vice -Chair
Anthony DeBone, Commissioner
1 For Alternative 3, across all irrigated lands in the three counties over the permit term in a median water year, the change in annual forage/grain
production value may vary from approximately $0 to -$1.3 million, while a in dry year the change in annual forage/grain production value may
range from -$2.9 million to -$10.0 million. For Alternative 4, across all irrigated lands in the three counties over the permit term in a median
water year, the change in annual forage/grain production value may vary from approximately -$1.3 million to -$3.9 million, while a in dry year
the change in annual forage/grain production value may range from -$6.1 million to -$14.7 million.
2 Upper Deschutes River winter flows for Alternative 2 increase from 100 cfs to 200 cfs starting in years 6-10, and 200 cfs to 300 cfs from years
11-20. It is not until years 21-30 that flows increase to 400 cfs.
3 Upper Deschutes River winter flows for Alternative 3 increase from 100 cfs to 300 cfs starting in years 6-10, 300 cfs to 400-500 cfs from years
11-20, and 400-500 cfs for years 21-30.
E
S�
V t
a a `:
November 13, 2019
Public Comments Processing:
Attn: Docket No. FWS-R1-ES-2019-0091, MS: JAO/1 N
U.S. Fish and Wildlife Service
5275 Leesburg Pike
Falls Church, VA 22041-3803
Re: Draft Habitat Conservation Plan & Draft Environmental Impact Statement
To Whom It May Concern,
On January 9, 2019, the Deschutes County Board of Commissioners respectfully requested Cooperating
Agency status with the U.S. Fish and Wildlife Service (FWS) to cooperate in the preparation of an
environmental analysis and draft and final programmatic Environmental Impact Statement (EIS) for a
Deschutes Basin Habitat Conservation Plan (HCP) pursuant to the National Environmental Policy Act. The
FWS on February 8, 2019 invited Deschutes County cooperation based on its jurisdiction by law and
special expertise with respect to environmental issues to be addressed in the EIS. A Memorandum of
Agreement between the FWS and Deschutes County was signed on March 7, 2019.
The Deschutes County Board of Commissioners (Board) offers the following comments.
1. The draft HCP and application for Incidental Take Permits by the City of Prineville and eight irrigation
district members of the Deschutes Basin Board of Control (Applicants) is reasonable when evaluating
the other alternatives' effect on agricultural economics. Based on the draft EIS, the Board prefers
Alternative 2, the proposed action, while also recognizing the HCP will likely create financial hardships
for the Applicants and their patrons/customers over the next 30 years. However, Alternatives 3 and 4
are even more pronounced. The draft EIS states in Deschutes County, farm sector employment and
income represent up to approximately 2% of the economy, compared to 12% for Crook County and
13%forJefferson County. According to the proposed action, in dry water years, economic contribution
from agriculture declines in all counties, with Jefferson County potentially experiencing the greatest
reduction in forage/grain-related employment and income. In median water years, under the high
conservation scenario, there would be no impacts on production value. Under the low conservation
scenario, there would be impacts that would lead to reduced crop production value. Across all
irrigated lands in the three counties over the permit term in a median water year, changes in annual
forage/grain production value may range from $0 to -$2.5 million, while in a dry year annual changes
1300 NW Wall Street Fiend, Oregon 97703
i (541) 388 6572 board@desdrutes.org @ www.deschutes.org
in agricultural production value may range from -$1.0 million to -$9.9 million. These impacts only
increase with Alternatives 3 and 4.'
2. The Applicants' HCP proposes moderating winter and summer flows for the Upper Deschutes River
system to address _years of degraded habitat of the Oregon spotted frog and other covered species.
The Board and its staff are not experts on the physical habitat needs of these species. Nonetheless,
listening to community input, Alternative 2, the proposed action, does have limitations because it
focuses entirely on water conservation measures that take several years to implement over the 30
year permit period of the HCP.z While the Board supports Alternative 2, Alternative 3 does offer some
advantages, albeit with increasing expenses to the Applicants and presumably their
patrons/residents. First, it puts more water in the Upper Deschutes River system sooner than
Alternative 2 but less than Alternative 4.3 This action, coupled with a habitat restoration fund, which
is not inciudea In Alternative 2, may minimize or negate litigation, a costly expense that would be
borne by the Applicants. The habitat restoration fund compliments increasing streamflow by
providing immediate resources for the covered species while the Applicants diligently implement
their conservation measures over the next 30 years.
Sincerely,
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
Philip C. Henderson, Chair
Patti Adair, Vice -Chair
Anthony DeBone, Commissioner
1 For Alternative 3, across all irrigated lands in the three counties over the permit term in a median water year, the change in annual forage/grain
production value may vary from approximately $0 to -$1.3 million, while a in dry year the change in annual forage/grain production value may
- range from -$2.9 million to -$10.0 million. For Alternative 4, across all irrigated lands in the three counties over the permit term in a median
water year, the change in annual forage/grain production value may vary from approximately -$1.3 million to -$3.9 million, while a in dry year
the change in annual forage/grain production value may range from -$6.1 million to -$14.7 million.
2 Upper Deschutes River winter flows for Alternative 2 increase from 100 cfs to 200 cfs starting in years 6-10, and 200 cfs to 300 cfs from years
11-20. It is not until years 21-30 that flows increase to 400 cfs.
3 Upper Deschutes River winter flows for Alternative 3 increase from 100 cfs to 300 cfs starting in years 6-10, 300 cfs to 400-500 cfs from years
11-20, and 400-500 cfs for years 21-30.
11
v-� E S C
Q' 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 Monday Meeting of November 25, 2019
DATE: November 6, 2019
FROM: Tanya Saltzman, Community Development,
TITLE OF AGENDA ITEM:
SECOND READING: Ordinance No. 2019-016 Model Flood Amendments
BACKGROUND AND POLICY IMPLICATIONS:
The Board held a public hearing on November 6, 2019, to consider amendments to the Deschutes
County Code to incorporate elements from the Department of Land Conservation and
Development (DLCD)'s 2014 Oregon Model Flood Damage Prevention Ordinance. The Board also
considered a plan amendment to add a purpose statement for the Flood Plain Zone into the
Comprehensive Plan.
As no individuals provided testimony, the Board closed the oral and written records for the
hearing and deliberated, voting to approve the amendments. The Board also conducted first
reading of Ordinance 2019-016, as it was included in the meeting packet. The Board is scheduled
to conduct the second reading of Ordinance No. 2019-016 on November 25, 2019, which allows
for more than fourteen days following the first reading as required by statute..
FISCAL IMPLICATIONS: None.
ATTENDANCE: Tanya Saltzman, Associate Planner, Will Groves, Senior Planner
Packet Pg. 163
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 Wednesday Meeting of November 6, 2019
DATE: October 29, 2019
FROM: Nicole Mardell, Community Development,
TITLE OF AGENDA ITEM:
PUBLIC HEARING: Model Flood Amendments
BACKGROUND AND POLICY IMPLICATIONS:
The Board will conduct a public hearing on November 6, 2019 to consider a text amendment to
incorporate elements from the Department of Land Conservation and Development (DLCD)'s 2014
Oregon Model Flood Damage Prevention Ordinance ("Model Flood Ordinance") into the Flood Plain
chapter of the Deschutes County Code. The full record for this application can be found on the
project website: https://www.deschutes.org/cd/page/flood-plain-information-and-text-
amendments.
FISCAL IMPLICATIONS: None.
ATTENDANCE: Nicole Mardell, Associate Planner
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of County Commissioners ("Board")
FROM: Nicole Mardell, Associate Planner
DATE: October 28, 2019
SUBJECT: Model Flood Amendments (247-19-000530-TA / 533-PA) - Public Hearing
The Board will conduct a public hearing on November 6, 2019 to consider a text amendment
to incorporate elements from the Department of Land Conservation and Development
(DLCD)'s 2014 Oregon Model Flood Damage Prevention Ordinance ("Model Flood Ordinance")
into the Flood Plain chapter of the Deschutes County Code.
1. PROPOSAL
The Model Flood Ordinance is a statewide standard and includes requirements for critical
facilities, accessory structures, and storage in the Flood Plain Zone, among other items. Staff
is proposing the incorporation of these amendments in several areas of the Deschutes
County Code (Attachment 2) to ensure consistency among local and state requirements and
to promote best practices in hazard mitigation. Staff is also proposing to add a purpose
statement for the Flood Plain Zone in the Comprehensive Plan (Attachment 3), as one does
not currently exist. The entire record, including public comments, is provided to the Board
via hard copy, and is also available on the project website found here:
https•//www deschutes org/cd/page/flood-plain-information-and-text-amendments.
The Model Flood amendments are one of three separate applications proposed as part of
the 2019 Flood Plain Amendment package. The status of the two other related amendments
are as follows:
The Planning Commission recommended tabling the amendment related to the use
of Flood Plain zoned land in Cluster and Planned Unit Developments until the Lower
Bridge Planned Unit Development application, presently under appeal, receives an
acknowledged decision.'
1 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A
1 1 7 N1W Lafayeue Avenue, Fend, Oregon 97703 1 P.O. Fox 6005, Bend, OR 97708-6005
(541) 388-6575 @ cdd@deschut.es .org @ www.deschutes.org/cd
• The Planning Commission is still deliberating on the amendment related to the
division of split zoned property containing Flood Plain zoning.
II. PLANNING COMMISSION HEARINGS
The Deschutes County Planning Commission held public hearings on August 8, September
12, and September 26, 2019. Approximately twenty-four individuals provided oral and/or
written testimony:
• Alvarado
• Benson
• Brewer
• Caram
• Castelbaum
• Central Oregon
Land Watch
• DLCD - Daniels
• DCLD - Punton
• Elshoff
• Emerson/Brayfield
• Frank
• Gould
• Harris
• Kassy
• Kruse
• McKay
• Monte
• ODFW - Vaughn
• Pederson
• Pokorny
• Quinlan
• Resto-Spotts
• Storm
• Warriner
The vast majority of comments received were general comments directed at all three
amendments in the 2019 Flood Plain Amendment package. Individuals expressed concerns
that the changes to the Flood Plain zone would negatively impact fish and wildlife resources,
which are a staple of Deschutes County quality of life. Comments specific to the Model Flood
Amendments were received and addressed by staff at the Planning Commission level.
Changes include:
• DLCD Natural Hazards Planner, Katherine Daniels, provided minor edits to the draft
text amendments, which have been incorporated into the final version.
• Central Oregon LandWatch and attorney Tim Ramis expressed concerns over new
uses being allowed in the Flood Plain Zone. Staff altered the text to further clarify the
intent of the provision; that structures located outside the Special Flood Hazard Area
are exempt from floodproofing and Special Construction standards consistent with
Federal Emergency Management Agency standards.
• Oregon Department of Fish and Wildlife expressed concerns that the draft purpose
statement for the Flood Plain Zone in the Comprehensive Plan prioritized the Flood
Plain Zone's role as a hazard mitigation tool. They believe this language could
undermine the Flood Plain Zone's role as a Goal 5 resource and protection measure.
Staff removed the words "Primary Role" and "Secondary Role" to address these
concerns.
File No 247-19-000530-TA/533-PA Model Flood Amendments Page 2 of 3
On October 10, 2019 the Planning Commission voted unanimously to recommend approval
of the proposed Model Flood Amendments, with the edits outlined above. As a note, staff
has not received any additional comments to date.
III. NEXT STEPS
At the conclusion of the public hearing, the Board can choose one of the following options:
• Continue the hearing to a date and time certain;
• Close the oral portion of the hearing and leave the written record open to a date and
time certain; or
• Close the hearing and commence deliberations.
ATTACHMENTS
Draft Ordinance 2019-016
A. DCC 18.04 Zoning Text Changes
B. DCC 18.96 Zoning Text Changes
C. DCC 23.01 Text Changes
D. Chapter 2 - Comprehensive Plan Amendments
E. Chapter 5.12 - Comprehensive Plan Amendments
F. Staff Findings
File No 247-19-000530-TA/533-PA Model Flood Amendments Page 3 of 3
I E S COG
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 November 25, 2019
DATE: November 19, 2019
FROM: Kyle Collins, Community Development, 541-383-4427
TITLE OF AGENDA ITEM:
PUBLIC HEARING: 4 Peaks Music Festival Outdoor Mass Gathering Permit
The Deschutes Board of County Commissioners ('Board") will hold a public hearing to consider a
multi -day music festival proposal by 4 Peaks Presents, LLC for an Outdoor Mass Gathering
("OMG") application. The applicant proposes to hold the festival in June 2020 on a 150-acre parcel
owned by DM Stevenson Ranch, LLC. The 4 Peaks Music Festival includes overnight camping,
parking, and food and drink for an estimated 3,000 people, including staff, vendors, and
volunteers. The proposed dates are June 13 - 22, 2020, which includes set-up and removal of
equipment, structures, and similar materials used for the festival. Some volunteers, staff, and
security will be staying/camping on the property from June 13 - 22. Additionally, the applicant
states that due to the extensive logistics and mobilization of set up, it will be necessary to have
access to the site prior to June 13 for deliveries and site preparation (which includes removing
rocks, brush, and grooming the grounds).
STAFF REPORT
TO: Board of County Commissioners
FROM: Kyle Collins, Associate Planner
DATE: November 18, 2019
HEARING: November 25, 2019
RE: Public Hearing for an Outdoor Mass Gathering, File No. 247-19-000690-OMG
PURPOSE
The Deschutes Board of County Commissioners ('Board") will hold a public hearing to consider a
multi -day music festival proposal by 4 Peaks Presents, LLC for an Outdoor Mass Gathering ("OMG")
application. The applicant proposes to hold the festival in June 2020 on a 150-acre parcel owned by
DM Stevenson Ranch, LLC. The 4 Peaks Music Festival includes overnight camping, parking, and food
and drink for an estimated 3,000 people, including staff, vendors, and volunteers.
PROPOSAL
The applicant is proposing to hold the festival at the subject property located at 21085 Knott Road,
which is zoned Exclusive Farm Use (EFU).' The 4 Peaks Music Festival has occurred on property
outside of Tumalo for nine years' and the past three years on the subject property. The current
proposal requests an OMG permit that would allow up to 3,000 people at the festival, which includes
staff, vendors, and volunteers.
The proposed dates are June 13 - 22, 2020, which includes set-up and removal of equipment,
structures, and similar materials used for the festival. Some volunteers, staff, and security will be
staying/camping on the property from June 13 - 22. Additionally, the applicant states that due to
the extensive logistics and mobilization of set up, it will be necessary to have access to the site prior
to June 13 for deliveries and site preparation (which includes removing rocks, brush, and grooming
the grounds). The applicant states that site preparation crews will not exceed 12 persons on site
1 This application is not subject to the EFU zoning regulations because it is not a land use application.
2 The music festival was conducted on property located at 19449 Tumalo Reservoir Road from 2007 to 2016, with an exception
of 2009.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
�� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
prior to June 13 and all site prep work will be conducted between the hours of 9:00 AM and 7:00
PM. Construction of all temporary structures will not begin until June 13.
The actual music festival will take place primarily on an outdoor stage from June 18 - 21, 2020
(Thursday through Sunday). The festival also includes music sessions inside a tent. Included are
three late night music sessions inside the tent from 10:00 pm. to 11:59 p.m. on Thursday, Friday,
and Saturday and three early morning "silent" (use of headphones) music sessions from 12:00 a.m.
to 2:00 a.m. on Friday, Saturday, and Sunday mornings. Specific 2020 festival dates and hours are
listed below.
The proposed festival will be located on the eastern half of the subject property, which will be
divided into specific areas for the festival. The layout of the festival will be the same as the approved
layout from the previous year.
Access will be from Knott Road on a driveway located on the northeast corner of the property that
was improved based on a 2017 permit (reference permit no. 247-17-002583-DA). Near the entrance
of the site, there will be general admission vehicle lanes, ticket will call, trash and recycling collection,
and day -use parking. The main activity area contains the stages, vendors, restrooms, water, first aid,
trash collection and recycling, and basic operational aspects of the festival. Just north of the main
activity area will be an area for authorized personnel only. Other areas to the south of the main
activity area will primarily be designated family camping, RV and car camping, and additional day -
use parking. A designated yurt and tent camping area lies directly south of the main activity center.
The design layout includes separate vehicle and pedestrian access aisles and an emergency access
road that is located to the west of the main entrance. The proposed application materials indicate
that the site will have 45 toilets (seven will be ADA compliant), 14 hand -washing facilities, water
supply areas, food service, and solid waste collection sites. The applicant is requesting a waiver from
the requirements to maintain an ambulance on -site during the festival. However, the applicant will
comply with County Code regarding the first aid station (refer to Medical Service Plan of the
submitted application materials), which includes the use of Adventure Medics, an event medical
service. For reference, Figure 1 below illustrates the proposed layout.
247-19-000690-OMG Page 2 of 16
Figure 1
SUBJECT PROPERTY
The subject property, shown below in Figure 2, is approximately 150 acres and is developed with a
single-family dwelling and several accessory structures. Knott Road, which abuts the north property
boundary, is classified as a rural arterial road. Heidi Lane, a private access easement, abuts a portion
247-19-000690-OMG Page 3 of 16
of the property's eastern boundary. Access to the property is taken from Knott Road. The site has
varying terrain and vegetated with juniper trees, pasture grasses, native ground cover, and
introduced landscaping.
Figure 2
The area surrounding the subject property consists of farm uses, residential uses, open space,
commercial uses, public, semi-public, utility, and industrial uses. There are farm -zoned parcels to
the east, west, and south of the subject property. Some farm -zoned properties are currently
engaged in some form of farm use. Across Knott Road to the north are properties within the Bend
Urban Growth Boundary and are zoned Urbanizable Area (UA). This area is developed with the Bend
Bowman archery facility, High Desert Veterinary Clinic, Bend Pet Resort kennel facility, High Desert
Middle School, and the High Desert Park Site (open space) owned by Bend Metro Parks and
Recreation. To the northeast is the Deschutes County Road Department, Humane Society of Central
Oregon, and Central Electric Cooperative complex. Also to the northeast is property zoned Surface
Mining (SM) and is the site of Deschutes County's Knott Landfill Recycling and Transfer Facility.
Further to the west and east, beyond farm and residentially zoned properties, are lands zoned
Surface Mining, Site Nos. 391 and 392, respectively. Based on County records, Site 392 is no longer
in operation.
247-19-000690-OMG Page 4 of 16
PUBLIC NOTICE
The Planning Division mailed notice to several agencies. The Deschutes County Environmental
Health Division as well as the Bend Parks and Recreation District were the only noticed agencies
that submitted a comment. Public notice was published in the Bend Bulletin on November 2, 2019.
In addition, the Planning Division sent notice of the proposal to all property owners within 750 feet
of the subject property.
OUTDOOR MASS GATHERING REQUIREMENTS / CRITERIA
Deschutes County Code (DCC) Chapter 8.16 provides approval criteria for an OMG permit. The
applicant has satisfied the requirements addressed in DCC 8.16.160. As required, the applicant has
satisfied the requirements addressed in DCC 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
The proposed application can comply with the applicable standards and criteria outlined in Chapter
8.16 below if conditions of approval are met.
1. Section 8 16 210 Outdoor Mass Gathering and Extended Outdoor Mass Gathering
Insurance.
A. 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 in an amount commensurate with the risk, but not
exceeding $1 million per occurrence.
B. 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.
C. 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.
D. 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.
E. The permits for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering
shall be voided by the Director 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 Gathering].
247-19-000690-OMG Page 5 of 16
The applicant intends to obtain a special event insurance policy that will provide general liability of
$5,000,000 and cover against liabilityfor injury or disability of any human, or for damage of property
arising out of this OMG. The applicant indicates that they will provide an insurance certificate and
copy of the insurance policy naming the County as additionally insured. As a condition of final
approval, staff recommends that the applicant provide proof of insurance that provides general
liability of $1,000,000 per single claimant and incident and liability of $2,000,000 for all claimants
arising from a single incident, at least 14 days prior to the first day of the Outdoor Mass Gathering.
2. Section 8 16 220 Outdoor Mass Gathering and Extended Outdoor Mass Gathering Sanitary
Facilities.
A. The County Environmental Health Division shall have the responsibility for
approving all sanitation and related facilities required by the Hearings Body for an
Outdoor Mass Gathering or Extended Mass Gathering permit to ensure that
reasonable minimum standards have been or will be met by the Organizer, in
accordance with the procedures outlined in DCC 8.16 and OAR 333-039.
1. Water. An adequate supply of water meeting state drinking water standards
for Chemicals and Bacteria shall be provided.
2. Food Service Facilities. Food service facilities shall comply with the Oregon
Department of Human Services regulations that pertain to the operation of
temporary restaurants.
B. Such approval of an Outdoor Mass Gathering or Extended Mass Gathering permit by
the County Environmental Health Division shall indicate the number, type, and
location, when appropriate, of the various facilities and shall include a description
of the specific type of food preparation and food service facilities to be provided.
The applicant provided an environmental health plan documenting contact persons, number of
toilets and hand washing facilities, water supply, and waste collection and disposal, and food service
facilities. The plan notes that Little Johns will provide the portable toilets and hand washing stations.
Bend Garbage and Recycling will provide garbage and recycling services for the festival. Avion Water
Supply will provide all public water for the duration of the OMG, which would not require water
testing for coliform and nitrates. Eric Mone, Environmental Health Supervisor, reviewed and
approved the proposed sanitary facilities plan. As a condition of approval, staff recommends that
the applicant provide evidence that the food service shall be provided by licensed vendors and
restaurateurs. Each food vendor shall apply to the County Health Department for a temporary
restaurant license at least on week in advance of the event.
3. Section 8 16 230 Outdoor Mass Gathering and Extended Outdoor Mass Gathering - Fire
Protection Standards.
A. Unless waived by the Hearings Body pursuant to DCC 8.16.030(H), no Outdoor Mass
Gathering or Extended Mass Gathering permit shall be granted under DCC 8.16
unless the Organizer has shown that the appropriate Fire Protection District Officer
has approved the type, size, number and location of fire protection devices and
equipment available at, in or near any location, including outdoor sites, buildings,
247-19-000690-OMG Page 6 of 16
tents, stadium or enclosure, wherein or whereupon more than 10 persons may be
expected to congregate at any time during the course of an Outdoor Mass Gathering
or Extended Mass Gathering for which a permit is required under DCC 8.16.
B. if the site for which the permit is applied for is located outside a fire protection
district, the Organizer must show approval from the office of the State Fire Marshal.
The Planning Division mailed notice to several agencies including the Bend Fire Department. Deputy
Chief/Fire Marshal, Larry Medina, was unable to review the proposal in detail and provide specific
comments. The submitted application materials did however provide a signature from the City of
Bend Fire Department, approving the proposed fire protection plan. Additionally, in the last several
years of the 4 Peaks Music Festival, Mr. Medina consistently recommended the same requirements,
which are identified below in the recommended conditions of final approval list. In addition, as with
previous OMG permits forthe 4 Peaks Music Festival, staff recommends final inspection bythe Bend
Fire Department and adequate water supply available onsite either in the irrigation pond or in a
water tank, as noted in the following list.
• All fire hydrants, fire sprinkler, and/or standpipe system connections are to remain readily
visible, accessible, and unobstructed and shall be accessible with an unobstructed
circumferential distance of three feet.
• Fire and emergency access roads shall have an unobstructed width of not less than 20 feet
and a vertical clearance of not less than 13 feet, 6 inches. Barricades shall be approved prior
to erecting. The emergency access roads shall remain open at all times.
• Vendors cooking outdoors shall comply with the Bend Fire Department and the City of Bend
"Open Cooking Concession Requirements."
• Non -fixed food concession such as enclosed trailers, buses, and vans shall comply with the
Bend Fire Department and the City of Bend "Non -Fixed Food Concession Requirements."
• All tents, canopies, and temporary structures shall comply with the Bend Fire Department
regulations.
• Campfires, bonfires and other recreational open burning are prohibited.
• The Outdoor Mass Gathering shall have at least one first aid station staffed by two adult
individuals trained in first aid techniques for the duration of the event. The first aid station
shall include an Automated External Defibrillator (AED) device with AED device trained staff.
Ambulance service shall be provided by Adventure Medics, Bend Fire Station #303 located
at 61080 Country Club Drive, approximately 2 miles from the event site, or the next available
responding ambulance unit.
• The applicant shall contact Bend Fire Department prior to OMG and obtain final site approval
from the department no later than the Wednesday Qune 17, 2020) before the festival.
• If the irrigation pond located on -site is less than 50 percent full one -week prior to the event,
the applicant shall provide a water truck at the event for fire suppression.
4. Section 8 16 240 Outdoor Mass Gathering and Extended Outdoor Mass Gathering - Medical
Service.
247-19-000690-OMG Page 7 of 16
A. The County Health Department shall have responsibility for approving plans as to
medical service required for the Outdoor Mass Gathering or Extended Mass
Gathering.
B. Each Outdoor Mass Gathering or Extended Mass Gathering shall have as a minimum
one ambulance and a first aid station staffed by two adult individuals trained in
first aid techniques.
The applicant submitted a medical service plan, which includes the use of Adventure Medics, an
event medical service. At the time of application, the medical staff for Adventure Medics had not
been finalized. As identified below in the list of recommended conditions of final approval, staff
recommends the applicant provide the names and qualifications of individuals trained in first aid
techniques that will staff the on -site first aid station.
In addition to a first aid station, a minimum of one ambulance is required to be located on -site at
the festival (see DCC 8.16.240(B)). The applicant is requesting a waiver from these requirements
based on the service that is provided by Adventure Medics. The Board may waive the permit
requirements upon showing good cause by the organizer as noted in DCC 8.16.150(B). If the Board
determines no County law enforcement or other services are necessary and no significant public
health, safety, or welfare issues are involved, the Board may waive the requirement.
The Bend Fire Station #303, located at 61080 Country Club Drive, is approximately two (2) miles
northwest from the OMG site. The applicant has been working with Drew Norris, City of Bend
Deputy Chief of EMS Operations, regarding this request. As indicated in a letter dated August 30,
2019, Mr. Norris indicated he would support the waiver request based on the level of medical
support on the property presented to him. Furthermore, Tom Kuhn, Community Health Program
Manager with Deschutes County, reviewed and approved the proposed medical plan for the 2020
4 Peaks Music Festival. As conditions of approval, staff recommends that the Outdoor Mass
Gathering shall have at least one first aid station staffed by two adult individuals trained in first aid
techniques for the duration of the event. The first aid station shall include an Automated External
Defibrillator (AED) device with AED device trained staff. Ambulance service shall be provided by
Adventure Medics, Bend Fire Station #303 located at 61080 Country Club Drive, approximately 2
miles from the event site, or the next available responding ambulance unit. Thirty days prior to the
event, the applicant shall submit to the Community Development Director, the names and
qualifications for all individuals trained in first aid techniques and AED device trained staff for the
duration of the event.
5. Section 8 16 250 Outdoor Mass Gathering and Extended Outdoor Mass Gathering-- Public
Safet .
A. if required by the Hearings Body pursuant, the Organizer must submit plans for
public safety at the Outdoor Mass Gathering or Extended Outdoor Mass Gathering
for approval demonstrating the following.
1. Adequate traffic control and crowd protection policing must have been
contracted for or otherwise provided by the Organizer.
247-19-000690-OMG Page 8 of 16
a. There shall be provided one traffic control person for each 250 persons
expected or reasonably expected to be in attendance at any time
during the Outdoor Mass Gathering or Extended Outdoor Mass
Gathering.
b. Further, there shall be provided one crowd control person for each 100
persons, expected or reasonably expected to be in attendance at any
time during the Outdoor Mass Gathering or Extended Outdoor Mass
Gathering.
2. The Organizer shall submit the names and necessary background
information for all traffic -control and crowd -control personnel to be utilized
during the Outdoor Mass Gathering or Extended Mass Gathering.
3. All such personnel must meet the following minimum standards in order to
be approved as suitable:
a. Be at least 18 years of age;
b. Be in good physical health;
C. Have training or experience acceptable to the County to conduct
traffic and or crowd -control duties.
B. All of the traffic control and crowd control personnel must wear an appropriate
identifying uniform and all traffic control uniforms must be accordance with the
current edition of the Manual of Uniform Traffic Control Devices.
C. The required number of crowd -control personnel must be on duty during the entire
Outdoor Mass Gathering or Extended Outdoor Mass Gathering unless a relief
schedule has been planned and approved.
D. A relief schedule will be approved only when sufficient crowd -control strength on
duty has been maintained to meet the minimum strength standards set forth in this
chapter.
E. it shall be the duty of the crowd control personnel to report any violations of the
law to the Sheriff, his deputies or representatives.
The applicant provided a traffic control and security plan with the application materials. Regarding
security and crowd -control services during the festival, the applicant contacted Donal Liebermann
of Dark Eden Inc. In section (A) above, it is required that adequate protection include providing one
crowd control person for each 100 persons expected or reasonably expected to be in attendance
at anytime during the OMG. The applicant states that a minimum of six uniformed licensed security
personnel will be on duty during the festival with additional on -call staff available. Additional
security personnel will be added, if necessary, to maintain the ratio of one security personnel to 100
persons in attendance. To ensure compliance, staff recommends this be a condition of final
approval, as identified below. In addition, crowd -control personnel must be on duty the entire time
of the festival as required in section (C) above. The festival will include overnight camping. It is
unclear how many people will be camping and thus staff recommends that the applicant provide
additional overnight security personnel for the expected or reasonably expected attendance of
campers.
The applicant submitted a traffic control plan with the application materials, which includes the
following:
247-19-000690-OMG Page 9 of 16
• Entry and access to 4 Peaks Festival will be from Knott RD. Signs will be posted along the
roadway to alert drivers as they approach.
• All vehicles will pull off Knott Rd. on to festival grounds and proceed at least 100' down
driveway/staging area. At that point general admission vehicles will be directed into one
of six 180' lanes to await ticketing. All but two of these lanes will be converted in to day
parking after the majority of our patrons arrive and extra lanes are no longer needed.
There will be a separate lane to the general admission entry for authorized vehicles only
to be used by staff, crews, services, and emergency vehicles.
• Temporary parking will be provided for ticketing and parking instructions.
• A minimum of six traffic control and parking monitors will be on duty during each shift.
Two will be stationed at entrance, with the remaining four assigned to parking and
camping areas. Safety vests will be worn by all traffic and parking staff while on duty and
equipped with flags for signaling drivers.
The County Road Department and Senior Transportation Planner did not provide any comments
regarding traffic control and public safety.
As conditions of approval, staff recommends that the applicant shall provide one crowd control
person for each 100 persons, expected or reasonably expected to be in attendance at any time
during the Outdoor Mass Gathering. Traffic control and crowd protection personnel shall show
certification of training or experience acceptable to the County to conduct traffic and or crowd -
control duties. Thirty days prior to the event, the applicant shall submit to the County Road
Department and Senior Transportation Planner for review and approval a detailed traffic control
plan that includes traffic control signs, sign location and spacing plan, traffic control personnel
certification, and a site plan drawn to scale illustrating adequate space (75 feet) for stacking of
vehicles. Thirty days prior to the event, the applicant shall submit to the Community Development
Director and County Sheriff, the names and necessary background information for all traffic -control
and crowd -control personnel to be utilized during the Outdoor Mass Gathering. The applicant shall
meet the requirements of DCC 8.16.250, Public Safety.
6. Section 8 16 260 Outdoor Mass Gathering and Extended Outdoor Mass Gathering - Parking
Facilities.
A. If required by the Hearings Body, prior to or on the date of application for an
Outdoor Mass Gathering or Extended Outdoor Mass Gathering, the Organizer shall
provide a scale drawing showing adequate parking facilities have been made
available within or adjacent to the location for which the permit is requested.
B. Such parking facilities shall provide parking space for one vehicle for every four
persons expected or reasonably to be expected to attend such.
C. Adequate ingress and egress shall be provided from such parking area to facilitate
the movement of any vehicle at any time to or from the parking area of the Outdoor
Mass Gathering or Extended Mass Gathering.
D. Should buses be used to transport the public to the Outdoor Mass Gathering or
Extended Mass Gathering, it shall be shown that public parking or parking is
247-19-000690-OMG Page 10 of 16
available at any site from which buses are scheduled to pick up persons to transport
them to the. [sic]
The applicant provided a traffic control plan including parking information. The plan indicates that
vehicle traffic will proceed 100 feet down the driveway at which point, vehicles will be directed to
one of six 180-foot lanes for vehicles with general admission ticket holders. At least four of these
lanes will be converted to day -use parking once the extra lanes are no longer needed. There will
also be a separate lane for authorized and emergency vehicles only. As indicated in the foregoing
finding, the festival has designated camping and parking areas that "can accommodate more than
twice as many vehicles as required for an event this size." Staff believes the site provides adequate
vehicle and emergency vehicle ingress and egress throughout designated parking and camping
areas. As conditions of approval, staff recommends that the applicant shall adhere to the proposed
site plan that shows the parking area. Parking services will be provided by 4 Peaks Presents, LLC
and will include a minimum of six traffic control and parking monitors for each shift.
7. Section 8 16 270 Outdoor Mass Gathering and Extended Outdoor Mass Gathering - Permit
Posting.
A. The Organizer of an Outdoor Mass Gathering or Extended Outdoor Mass Gathering
shall have a copy of the permit available for inspection upon request.
B. No permit for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering shall
be transferable or assignable without the consent of the County Administrator.
C. Any permit for an Outdoor Mass Gathering or Extended Mass Gathering shall be kept
posted in a conspicuous place upon the premises of such assembly.
D. No permit for an Outdoor Mass Gathering or Extended Mass Gathering shall be
transferable or assignable without the consent of the Board.
E. Except as authorized elsewhere in this chapter, no rebate or refund of money paid
for a permit shall be made.
Upon approval by the Board, Deschutes County will provide the applicant with permits and
conditions of approval that will be required to be posted in a conspicuous location on the subject
property during the course of the OIVIG. As a condition of approval, staff recommends that the
permit shall be posted in a conspicuous spot on the property during the course of the event.
8. Section 8 16 280 Inspection of Outdoor Mass Gathering and Extended Outdoor Mass
Gathering Premises.
A. No Outdoor Mass Gathering or Extended Outdoor Mass Gathering permit shall be
granted unless the Organizer shall, in writing upon the application, for such permit
consent to allow law enforcement, public health and fire control officers to come
upon the premises for which the permit has been granted for the purpose of
inspection and enforcement of the terms and conditions of the permit and DCC 8.16,
and any other applicable laws or ordinances.
B. If any inspections reveal deficiencies in compliance with State or local law, the
inspectors may return as often as needed until the deficiencies are cured. If the
247-19-000690-OMG Page 11 of 16
deficiencies are not cured or cannot be cured, the Board, County Administrator,
County Engineer or the Sheriff may suspend or terminate the Outdoor Mass
Gathering or Extended Outdoor Mass Gathering.
C. All the Outdoor Mass Gathering or Extended Mass Gathering facilities shall be in
place a sufficient time, but not less than two hours, before the Outdoor Mass
Gathering or Extended Outdoor Mass Gathering for which an application is
submitted and approved, and shall be subject to inspection by the County, provided,
however, that such inspection shall not relieve the Organizer of responsibility for
proper placement of all facilities.
According to the submitted application materials, the applicant grants access to the premises for
inspection purposes by law enforcement, public health, and fire control officers based on the terms
and conditions of approval of the permit. As noted in section (B) above, if deficiencies are identified
following an inspection, the inspector may return as often as needed until deficiencies are resolved.
If deficiencies are not resolved, the County Sheriff may terminate the OMG.
9. Section 8 16 290 Outdoor Mass Gathering and Extended Outdoor Mass Gathering Restricted
Hours of Operation.
A. No Outdoor Mass Gathering or Extended Mass Gathering shall be conducted,
including set-up, placement, storage, staging, removal or similar action of any
equipment, materials, structures, vehicles, supplies and so forth, in the
unincorporated areas of the County within 1,000 feet of any residence between the
hours of 12:01 a.m. and 9:00 a.m. and in all other areas between the hours of 2:00
a.m. and 9:00 a.m.
B. If written consents for the Outdoor Mass Gathering or Extended Mass Gathering
from neighboring property owners and residents are submitted with the
application, the Hearings Body may modify these hours in the permit.
C. The use of amplification for the Outdoor Mass Gathering or Extended Mass
Gathering shall be regulated so that it will not interfere with the normal use of any
school, church, residence or other permanent place of human habitation unless
prior written consent is obtained from all affected persons. A sound level in excess
of 70 decibels prior to 10.00 p.m. and in excess of 50 decibels after 10:00 p.m. (as
measured upon the A scale of a standard sound level meter on affected property)
shall constitute interference.
The proposed OMG dates are June 13 - 22, 2020, which includes set-up and removal of equipment,
structures, and similar materials used for the festival. As stated previously, some volunteers, staff,
and security will be staying/camping on the property from June 13 - 22. Additionally, the applicant
states that due to the extensive logistics and mobilization of set up, it will be necessary to have
access to the site prior to June 13 for deliveries and site preparation (which includes removing rocks,
brush, and grooming the grounds). The applicant states that site preparation crews will not exceed
12 persons on site prior to June 13 and all site prep work will be conducted between the hours of
9:00 AM and 7:00 PM.
247-19-000690-OMG Page 12 of 16
The actual music festival will take place primarily from June 18 - 22, 2020. The applicant indicates
that the festival will occur during the approved hours and amplification will not be used in a manner
that would violate sound standards of this section (a sound level in excess of 70 decibels prior to
10:00 PM and in excess of 50 decibels after 10:00 PM). Specific 2020 festival dates and hours are as
follows:
Saturday, lune 13
8:00 a.m. - Preparation of site will begin (Some volunteers, staff, and security will be
staying/camping on the property from June 13 - 22.)
Thursday, lune 18
8:00 a.m. to 10:00 p.m. - Gates open
8:00 a.m. - Yoga and kids activities begin (no music)
9:00 a.m. to 10:00 p.m. - Music festival
10:00 p.m. to 11:59 p.m. - Music festival in side tent only
Friday, June 19
12:00 a.m. to 1:59 a.m. - "Silent disco" (use of headphones) in side tent
8:00 a.m. to 10:00 p.m. - Gates open
10:00 a.m. to 10:00 p.m. - Music festival
10:00 p.m. to 11:59 p.m. - Music festival in side tent only
Saturday, lune 20
12:00 a.m. to 1:59 a.m. - "Silent disco" (use of headphones) in side tent
8:00 a.m. to 10:00 p.m. - Gates open
10:00 a.m. to 10:00 p.m. - Music festival
10:00 p.m. to 11:59 p.m. - Music festival in side tent only
Sunday, lune 21
12:00 a.m. to 1:45 a.m. - "Silent disco" (use of headphones) in side tent
8:00 a.m. to 10:00 p.m. - Gates open
9:00 a.m. to 7:00 p.m. - Music festival
Throughout the day, camping patrons will depart and volunteers will begin to take
down and clean up festival materials. There will be a limited number of people
camping overnight on June 21 to continue cleanup the following day.
Monday, lune 22
Break down of equipment and site clean-up. All event activities will conclude by end
of day on June 22
The proposed festival includes two sessions outside the allowable hours of operation: a "silent
disco" and 'yoga and kids activities." The late night "silent disco" in the side tent, as shown in the
schedule, consists of people dancing to music listened to on wireless headphones rather than a
speaker system. For those people without headphones, the music cannot be heard. The silent disco
is scheduled from 12:00 a.m. to 2:00 a.m. According to the schedule, the 'yoga and kids activities"
occurs on Thursday morning beginning at 8:00 a.m. Based on section (A) above, an OMG shall not
occur between the hours of 12:01 a.m. and 9:00 a.m. when within 1,000 feet of any residence.
However, if written consent from the neighboring property owners and residents are submitted,
the Board may modify these hours.
247-19-000690-OMG Page 13 of 16
Several residences are located close to the event venue. One residence - 60700 Heidi Lane - is
approximately 650 feet from the venue and another - 21091 Knott Road - is approximately 1,000
feet. Several other residences are just beyond 1,000 feet.
As indicated above, the music that may be audible to neighboring residents will end at midnight.
For this aspect of the proposal, staff recommends conditioning final approval that the music festival
does not occur between the hours of 12:01 a.m. and 9:00 a.m., and thus requiring the late night
music venue to cease at 12:01 a.m. In addition, staff recommends it be a condition of final approval
that the sound level not exceed 70 decibels prior to and 50 decibels after 10:00 p.m., as noted in
this section.
Although the "silent disco" could have the appearance not to interfere with normal residential use
because amplification or the level of noise produced will be minimal or nonexistent, staff finds the
"silent disco" is part of the OMG permit. In addition, staff finds the yoga and kids activities part of
the OMG permit. Therefore, these two sessions are permitted to occur between the hours of 12:01
a.m. and 9:00 a.m. Moreover, the applicant did not submit written consent from neighboring
property owners and residents, which would allow the festival to occur after 12:01 a.m.
Notwithstanding this information, however, the Board has discretion to waive permit requirements
upon showing good cause by the organizer (DCC 8.16.150).
10. Section 8 16 300 Outdoor Mass Gathering and Extended Outdoor Mass Gathering
Enforcement.
A. The Organizer shall provide a contact person who shall be easily identified and who
shall remain at the Outdoor Mass Gathering or Extended Outdoor Mass Gathering
site at all times.
B. If any Organizer of an Outdoor Mass Gathering or Extended Outdoor Mass Gathering
violates any provisions of this chapter, the Board, County Administrator, County
Engineer, or Sheriff may immediately suspend, revoke or terminate any permit for
an Outdoor Mass Gathering or Extended Outdoor Mass Gathering and may seek any
legal remedy available.
C. The Outdoor Mass Gathering or Extended Mass Gathering Organizer shall keep a
reasonable count of persons and vehicles entering and leaving the Outdoor Mass
Gathering or Extended Outdoor Mass Gathering.
D. If at any time during the Outdoor Mass Gathering or Extended Outdoor Mass
Gathering held under a valid permit, the number of persons or vehicles attending
the Outdoor Mass Gathering or Extended Outdoor Mass Gathering exceeds by 10
percent or more the number of persons or vehicles estimated in the permit
application, the Sheriff, or any of his deputies, has the authority to require the
Organizer to limit further admissions until a sufficient number of individuals or
vehicles have left the site to bring the actual attendance down to the number
estimated by the Organizer.
E. For any Outdoor Mass Gathering or Extended Outdoor Mass Gathering held under a
valid permit, the County Sheriff has the authority to order the crowd to disperse and
leave the Outdoor Mass Gathering or Extended Outdoor Mass Gathering site if the
247-19-000690-OMG Page 14 of 16
Organizer cannot maintain order and compliance with all applicable State and local
laws or refuses to maintain order and compliance with State and local laws or
refuses or is unable to adhere to the terms and conditions of the permit.
F. In addition to State law provisions in ORS Chapter 433, including ORS 433.990(7), the
County Counsel, or District Attorney for Deschutes County may maintain an action
in any court of general jurisdiction to restrain, or enjoin any violation of ORS
433.745. Cases filed in Deschutes County under this section or under ORS 433.770
shall be given preference on the docket to all other civil cases except those given
equal preference by statute.
G. If persons remain on the site after the scheduled end of the permitted Outdoor
Mass Gathering or Extended Mass Gathering, fail to remove all debris or residue
within 72 hours after termination of or fails to remove all temporary structures
within three weeks after the termination of the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering, the County code enforcement officers may
issue citations to the Organizer, the landowner, all persons remaining at the site,
and to all persons who have left debris behind.
H. The Outdoor Mass Gathering or Extended Mass Gathering Organizer shall be wholly
responsible for payment of any fines imposed under this Chapter or ORS 433.
L In addition to any other remedies provided, if the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering site is not restored to its previous condition, or
better, the County may arrange for clean up of the site, and then file an action for
damages against the Organizer and the landowner or successor landowner.
The designated contact person for the OMG is Stacy Koff, (541) 350-6474, of 4 Peaks Presents, LLC.
In addition, Donal Liebermann, (541) 693-3797, will be the security manager. Stacy Koff will be on -
site during the entire festival. Staff recommends that the applicant shall keep reasonable counts of
persons and vehicles entering the festival. The estimated number of persons attending the OMG is
less than 3,000 (max 2,999). The number of attendees shall not exceed the estimated attendance
by 10 percent. Therefore, the total number of attendees including musicians, vendors, staff, patrons,
and security shall not exceed 3,299. Security will be in place at all times. All debris will be removed
within 72 hours after the termination of the OMG. All temporary structures shall be removed within
3 weeks of termination.
11. Section 8 16 310 Outdoor Mass Gathering and Extended Outdoor Mass Gathering
Intoxicating Liquor Prohibition.
A. No Organizer, landowner nor any person having charge or control thereof at any
time when an Outdoor Mass Gathering or Extended Outdoor Mass Gathering is being
conducted shall permit any person to bring into such Outdoor Mass Gathering or
Extended Outdoor Mass Gathering or upon the premises thereof, any intoxicating
liquor, nor permit intoxicating liquor to be consumed on the premises, and no
person during such time shall take or carry onto such premises or drink thereon
intoxicating liquor.
B. In accordance with ORS 670.220(5)(a), this provision shall not apply to the sale and
consumption of intoxicating liquor from a facility located on the premises of an
247-19-000690-OMG Page 15 of 16
Outdoor Mass Gathering or Extended Outdoor Mass Gathering when licensed by the
State.
No person shall be permitted to bring alcohol onto the premises. This shall not apply to the sale
and consumption of alcohol from a State of Oregon licensed facility located on the premise. Staff
recommends this be a condition of final approval.
12. Section 8 16 320 Narcotic and Dangerous Drugs Prohibited at Outdoor Mass Gatherings or
Extended Mass Gatherings.
No firm, person, society, association or corporation conducting an Outdoor Mass Gathering
or Extended Mass Gathering, nor any person having charge or control thereof at any time
when an Outdoor Mass Gathering or Extended Mass Gathering is being conducted shall
permit any person to bring into such Outdoor Mass Gathering or Extended Mass Gathering,
or upon the premises thereof, any narcotic or dangerous drug, nor permit narcotic or
dangerous drugs to be used on the premises.
No person shall be permitted to bring onto the premises any narcotic or dangerous drug, nor will it
be permitted to use narcotic or dangerous drugs on the premises. Staff recommends this be a
condition of final approval.
CONCLUSION
Staff believes that 4 Peaks Presents, LLC has met or can meet through conditions of approval the
approval criteria outlined in Chapter 8.16 for OMGs.
NEXT STEPS
At the conclusion of the hearing, the Board can choose one of the following options:
1. Continue the hearing to a date certain.
2. Close the hearing and begin deliberation.
Attachments
A. Agency Comments
B. Public Comments
C. Draft OMG permit, Document No. 2019-047
247-19-000690-OMG Page 16 of 16
Kyle Collins
From: Eric Mone
Sent: Wednesday, October 23, 2019 12:26 PM
To: Kyle Collins
Subject: 247-19-000690-OM G
Hi Kyle,
Deschutes County EH has no objections or comments re this proposal. We reviewed and approved the EH portion of
their OMG app. Thanks.
&� Eric Mone REHS I Environmental Health Supervisor
r> 2577 NE Courtney Dr. I Bend, Oregon 97701
Tel: (541) 388-6566 1 Office: (541) 322-7400
1106
Enhancing the lives of citizens by delivering quality services in a cost-effective manner.
Kyle Collins
From: Sarah Bodo <SarahB@bendparksandrec.org>
Sent: Tuesday, October 29, 2019 4:20 PM
To: Kyle Collins
Subject: 247-19-000690-OMG
[EXTERNAL EMAIL]
Kyle,
Please find BPRD's comments below regarding file number 247-19-000690-OMG for the 4 Peaks Music Festival.
In past years, the festival has not impacted the neighboring undeveloped park property (High Desert park site). We
anticipate that the organizers will ensure overnight camping, parking, and leaving trash on the park property will be
avoided to help ensure that the property remains in good condition for future development as a park.
Thank you I
Sarah
Sarah Bodo, AICP, Park Planner
Direct: (541) 706-6118 / Office: (541) 389-7275 / Fax: (541) 330-1019
Bend Park & Recreation District Office, 799 SW Columbia St., Bend, OR 97702
www.bendparksandrec.org
qe-
Bend 'ark & .., o V
Recreation
81 parks . 70 miles of trail • Over 1000 different recreation programs
Kyle Collins
From: Cynthia Smidt
Sent: Monday, October 28, 2019 4:40 PM
To: Kyle Collins
Subject: FW: 4peaks music festival
For you.
-----Original Message -----
From: Tony DeBone <Tony.DeBone@deschutes.org>
Sent: Monday, October 28, 2019 4:27 PM
To: 'Cynthia Ledder' <cynalittle@me.com>
Cc: Cynthia Smidt <Cynthia.Smidt@deschutes.org>
Subject: RE: 4peaks music festival
Mr. Ledder,
Thank you for the note.
Have a great day!
Anthony (Tony) DeBone
Commissioner
1300 NW Wall St. Suite 200 1 Bend, Oregon 97703
Tel: (541) 388-6568
Enhancing the lives of citizens by delivering quality services in a cost-effective manner.
-----Original Message -----
From: Cynthia Ledder <cynalittle@me.com>
Sent: Monday, October 28, 2019 2:18 PM
To: Tony DeBone <Tony.DeBone@deschutes.org>
Subject: 4peaks music festival
[EXTERNAL EMAIL]
Board members
I live on Sholes Road, directly behind the Stevenson ranch where the festival is held. I totally support Stacy and her team
for the great job they do putting together a family friendly festival. I hope they are again granted their permit, they
deserve it.
Dave Ledder
21110 Sholes rd.
Bend
1
Kyle Collins
From: Angela Quail <studiog97702@gmail.com>
Sent: Wednesday, October 30, 2019 1:02 PM
To: Phil Henderson
Cc: Patti Adair; Tony DeBone; Kyle Collins
Subject: 4 Peaks Music Festivals
[EXTERNAL EMAIL]
Dear Commissioners,
My name is Angela Quail. I am a 6th generation Oregonian, as well as a Deschutes County resident and a business
owner (Studio Q Salon in the Box Factory) in Bend. I am writing on behalf of 4 Peaks Music Festival.
I have attended 4 Peaks without fail since its inception. I believe it's been 13 years! Watching it grow and serve our
community celebrating live music has been wonderful! Every year gets better and more organized. I love the pack it in -
pack it out policy as well as the kind regard for all neighbors. The peaceful tribe of people who come from near and far
to gather is exceptional. We travel extensively to music events, and this little gem is on the top of our list! 4 peaks really
brings the community together and creates a wholesome experience for ALL ages, races, genders and walks of life. I
believe Bend and Deschutes county are truly lucky to have a cultural event of this caliber. The Stevens Ranch is an ideal
setting and we are grateful to be a part of it.
I suggest you attend to experience the magic for yourself.....:)
I hope you will take this into consideration during your upcoming vote.
Thank you for your time and service to all Deschutes County residents!
Kind regards,
Angela Quail
61404 Blakely Rd
Bend, Oregon
97702
541-420-7371
Kyle Collins
From: Ron Reynolds <ron@highdeserthotels.com>
Sent: Monday, November 4, 2019 IS5 PM
To: Phil Henderson; Patti Adair; Tony DeBone; Kyle Collins
Subject: Support for 4 Peaks Music Festival Mass Gathering Permit 2020
[EXTERNAL EMAIL]
Hello,
I am emailing my support to allow 4 Peaks Music Festival mass gathering permit for 2020. 1 have been a Bend resident
since 2002 and have attended all of Stacy's 4 Peaks events since they started at the Rocking R Ranch and now Stevenson
Ranch. She provides an exemplary example of how a family oriented gathering should take place and has my full
support.
Best Regards,
Ron Reynolds
High Desert Hotels
541.480.0416
Kyle Collins
From: Sean Miller <sean@thericallc.com>
Sent: Thursday, October 31, 2019 11:20 AM
To: Phil Henderson; Patti Adair; Tony DeBone; Kyle Collins
Subject: Support for the 2020 4 Peaks Music Festival!
[EXTERNAL EMAIL]
Board Members -
I'm writing to you in support of the 4 Peaks Music Festival andI would like to voice my opinion in favor of the
festival. I have attended the festival for the last 9 years and it's one of my favorite reasons of visiting the greater
Bend area. Not only has the festival become an annual pilgrimage for my family, but it has allowed us to
discover what Deschutes County has to offer. In fact, we're currently looking at some vacation property within
the county. I'm in support of this festival. It's a family festival where my friends from all over the state come to
the Bend to enjoy live music,friendship and create memories. Every event, no matter the type event, is sure to
have its share of negatives. But when the positives outweigh the negatives it's easy to be in favor of the event.
Over the last 9 years, I have witnessed 4 Peaks grow into an unbelievable event. One that welcomes all,provides
a family friendly environment, attracts great music acts, and all around a great time. In my opinion, not only
should 4 Peaks be granted their permit because they met all of the requirements, but because Bend needs more
festivals like 4 Peaks. Thank you for your time and I look forward to this year's 4 Peaks.
cheers,
Sean Miller
Portland, OR
seangthericallc.com
503-388-7092 - OR Office
Kyle Collins
From:
Peter Geiser <geiserbend@gmail.com>
Sent:
Sunday, November 17, 2019 11:06 AM
To:
Phil Henderson; Patti Adair; Tony DeBone; Kyle Collins
Cc:
a -Peter Geiser; 4 Peaks Festival
Subject:
4 Peaks Music Festival - pending permit
[EXTERNAL EMAIL]
Dear Commissioners,
I am writing to support Deschutes County issuing a permit for the 4 Peaks Festival to be held in June 2020. I've
been a resident of Deschutes County for over 40 years and have annually attended the 4 Peaks Festivals. The
events have always been well managed, family friendly and bring economic and cultural benefits to our
community. The Stevenson Ranch location is ideal. Please expedite approval of the permit so the event planners
have adequate time to put together the best event possible.
Thank you. -Peter Geiser
Peter Geiser
P.O. Box 581
Bend, Oregon 97709
geiserbend a gmail.com
cell (541) 410-9645
REVIEWED
LEGAL COUNSEL
OUTDOOR MASS GATHERING PERMIT
DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
BEND, OREGON 541/388-6575
LOCATION: 21085 KNOTT ROAD BEND 97702
OWNER: DM STEVENSON RANCH LLC
TYPE, DATES & TIME OF EVENT: MUSIC FESTIVAL, JUNE 13, 2020 — JUNE 22, 2020, 8:00 AM
TO 10:00 PM
OPERATOR: 4 PEAKS PRESENTS, LLC PHONE: 541-382-8064
1. PERMIT BECOMES NULL AND VOID IF EVENT OR GATHERING HAS NOT STARTED ON THE
APPROVED DATE.
2. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE EVENT OR GATHERING
IS COMPLETE.
3. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW
ENFORCEMENT, PUBLIC HEALTH AND FIRE CONTROL OFFICERS TO COME UPON THE
PREMISES FOR WHICH THE PERMIT HAS/HAD BEEN GRANTED FOR THE PURPOSE OF
INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AS
ALLOWED BY DCC 8.16, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES.
FILE NUMBER (247-19-000690-OMG)
The Board of County Commissioners approves the 4 Peaks Presents, LLC application for an Outdoor
Mass Gathering permit based upon the attached requirements incorporated by reference herein and
subject to the following conditions.
CONDITIONS OF APPROVAL
1. Fourteen days prior to the event, 4 Peaks Presents, LLC, shall obtain and provide the Community
Development Director for approval a Special Events Insurance policy that provides general liability
of $1,000,000 per single claimant and incident and $2,000,000 for all claimants arising from a single
incident. The policies shall name Deschutes County, its officials, agents and employees as an
additional insured on the endorsement. The policies shall provide payment of claims within the 180-
day period after the scheduled termination of the event.
2. The total number of attendees authorized by this permit is 2,999. A 10% variance is allowed meaning
that under no circumstances shall the total number of attendees (to include patrons, musicians,
vendors, staff, and security) exceed 3,299 total persons at any time during the course of the event.
3. The operator shall keep reasonable counts of persons and vehicles entering the event.
4. The operator shall provide one toilet per every 100 attendees. The operator has contracted with
Little Johns to provide the required facilities.
4 Peaks Presents, LLC 247-19-000690-OMG Permit, Document 2019-047
5. Hand washing facilities shall provide running water, adequate soap, and paper towels. The operator
has contracted with Little Johns to provide the required facilities.
6. The operator shall provide waste collection and removal. The operator has contracted with Bend
Garbage and Recycling to provide waste containers and removal services.
7. Thirty days prior to the event, the operator shall submit to the Community Development Director and
County Health Director, the contracts for sanitation and waste collection and removal.
8. Drinking water shall be provided by Avion Water Supply. The water system shall meet all Drinking
Water Program requirements.
9. Food service shall be provided by licensed vendors and restaurateurs. Each food vendor shall apply
to the County Health Department for a temporary restaurant license at least one week in advance
of the event.
10. The operator shall receive final approval by the Bend Fire Department after inspection no later than
June 17, 2020.
11. All fire hydrants, fire sprinkler, and/or standpipe system connections are to remain readily visible,
accessible, and unobstructed and shall be accessible with an unobstructed circumferential distance
of three feet.
12. Fire and emergency access roads shall have an unobstructed width of not less than 20 feet and a
vertical clearance of not less than 13 feet, 6 inches. Barricades shall be approved prior to erecting.
The emergency access roads shall remain open at all times.
13. Vendors cooking outdoors shall comply with the Bend Fire Department and the City of Bend "Open
Cooking Concession Requirements."
14. Non -fixed food concession such as enclosed trailers, buses, and vans shall comply with the Bend
Fire Department and the City of Bend "Non -Fixed Food Concession Requirements."
15. All tents, canopies, and temporary structures shall comply with the Bend Fire Department
regulations.
16. Campfires, bonfires and other recreational open burning are prohibited.
17. The Outdoor Mass Gathering shall have at least one first aid station staffed by two adult individuals
trained in first aid techniques for the duration of the event. The first aid station shall include an
Automated External Defibrillator (AED) device with AED device trained staff. Ambulance service
shall be provided by Adventure Medics, Bend Fire Station #303 located at 61080 Country Club
Drive, approximately 2 miles from the event site, or the next available responding ambulance unit.
18. If the irrigation pond located on -site is less than 50 percent full one -week prior to the event, the
operator shall provide a water truck at the event for fire suppression.
19. Thirty days prior to the event, the operator shall submit to the Community Development Director,
the names and qualifications for all individuals trained in first aid techniques and AED device trained
staff for the duration of the event.
20. Security for the event will be provided by Dark Eden Inc. with clearly marked security officers.
Security will be in place at all times.
21. The operator shall provide one crowd control person for each 100 persons, expected or reasonably
expected to be in attendance at any time during the Outdoor Mass Gathering.
22. Traffic control and crowd protection personnel shall show certification of training or experience
acceptable to the County to conduct traffic and or crowd -control duties.
23. Thirty days prior to the event, the operator shall submit to the County Road Department and Senior
Transportation Planner for review and approval a detailed traffic control plan that includes traffic
control signs, sign location and spacing plan, traffic control personnel certification, and a site plan
drawn to scale illustrating adequate space (75 feet) for stacking of vehicles.
24. Thirty days prior to the event, the operator shall submit to the Community Development Director and
County Sheriff, the names and necessary background information for all traffic -control and crowd -
control personnel to be utilized during the Outdoor Mass Gathering.
25. Operator shall adhere to the proposed site plan that shows the parking area.
26. This permit shall be posted in a conspicuous spot on the property during the course of the event.
27. The operator and/or property owner will provide access to the premises for inspection purposes by
law enforcement, public health, and fire control officers based on the terms and conditions of the
4 Peaks Presents, LLC 247-19-000690-OMG Permit, Document 2019-047 2
permit. If deficiencies are identified following an inspection, the inspector may return as often as
needed until the deficiencies are cured. If the deficiencies are not cured or if the County determines
that the deficiencies cannot be cured then the operator expressly consents that the County Sheriff
is authorized to take any and all necessary actions to terminate the Outdoor Mass Gathering.
28. The burden of preserving order to the proposed event shall be with 4 Peaks Presents, LLC.
29. All debris will be removed within 72 hours after the event termination. All temporary structures shall
be removed within 3 weeks of event termination.
30. No person shall be permitted to bring alcohol onto the premises. This shall not apply to the sale and
consumption of alcohol from a State of Oregon licensed facility located on the premise.
31. No narcotic or illegal/dangerous drug use will be permitted at the premises.
32. The operator shall meet the requirements of DCC 8.16.250, Public Safety.
33. Parking services will be provided by 4 Peaks Presents, LLC and will include a minimum of six traffic
control and parking monitors for each shift.
34. The amplified music shall meet the requirements of DCC 8.16.290. A sound level in excess of 70
decibels prior to 10:00 p.m. and in excess of 50 decibels after 10:00 p.m. (as measured upon the A
scale of a standard sound level meter on affected property) shall constitute a violation of the
Deschutes County Code.
35. The Outdoor Mass Gathering shall not be conducted, including set-up, placement, storage, staging,
removal or similar action of any equipment, materials, structures, vehicles, supplies and so forth, in
the unincorporated areas of the County within 1,000 feet of any residence between the hours of
12:01 a.m. and 9:00 a.m. The proposed late night music venue shall end at 12:00 a.m.
36. The applicant shall have access to the site prior to June 13, 2020 (the first official day of the OMG
permit) to accommodate deliveries and site preparation work (which includes removing rocks, brush,
and grooming the grounds). Site preparation work shall be conducted between the hours of 9:00
a.m. and 7:00 p.m. and shall not include construction of any temporary structures associated with
the Outdoor Mass Gathering. Thirty days prior to the event, the operator shall submit to the
Community Development Director, all dates and specific activities associated with site preparation.
Dated this of 2019 BOARD OF COUNTY COMMISSIONERS
ATTEST:
Recording Secretary
PHILIP G. HENDERSON, Chair
PATTI ADAIR, Vice Chair
ANTHONY DEBONE, Commissioner
4 Peaks Presents, LLC 247-19-000690-OMG Permit, Document 2019-047
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4 PEAKS FESTIVAL COMMENTS
Deschutes County Commissioner's, Public Permit Hearing
Steve Minar, Homeowner & Resident at 60700 Heidi Ln, Bend, OR 97702
Introduction
Our home is among the most affected properties that border the east and south sides of the event site. I
work in the technology sector full time from my home office. My wife Kathy is an RN working night shift
full-time at St. Charles. Our girls, 16 & 19, actively participate in 4H and FFA at the local, state and
national level in leadership roles. They raise animals for competition and profit. The population includes
rabbits, chickens, ducks, turkeys, horses, dogs, cats a pony and others. Counts vary, but 100-150 animals
and up is common. They make a significant investment involving countless hours of chores, study,
service and financial responsibility. We can't offer them this experience without acreage zoned for
Exclusive Farm Use. It's a large part of why we chose our home. Small farm living imposes practical
limitations: we can't just pick up and relocate 150 animals, their housing and their food. The 4 Peaks
music festival impacts the animals and it impacts our family. We are not opposed to the event. We are
opposed to the location.
2019 Event Experiences
The two weekends that the event spanned across included our daughter's 161h birthday, our son's
college graduation and Father's Day. We were unable to use our property for these occasions due to the
4 Peaks Music festival.
My wife works 12-hour night shifts as a nurse at St. Charles. Her shift schedule had her working
Thursday, Friday, Saturday and Sunday. She needed to sleep during the day on Wednesday, Thursday,
Friday, Saturday, Sunday and part of Monday. Sleeping at our home during the day was not possible due
to the 4 Peaks Festival. She had to sleep at a hotel.
We had an unwelcome encounter with 4 Peaks this year. We have several very friendly, well behaved
dogs in our household. They enjoy and need to be outside. They roam freely on our property and stay
close by. 4 Peaks creates an attractive nuisance for our dogs. They are attracted to food and people.
During the event, we are forced to keep them in the house or restrained in a dog run. The dogs are
unhappy, and it imposes additional burden on people caring for the dogs and using the house. We had a
moment of panic when it seemed that one of our dogs might have gotten loose. We feared that she had
entered the 4 Peaks Music Festival grounds. Kathy searched for the dog along our fence line and in the
parking area for the event. This was during the setup phase before the event was under way. It turned
out that the dog wasn't loose, it was safely inside our house. A short time later, an officer from the
Deschutes County Sheriff visited our home. She said a complaint was made by 4 Peaks claiming that
Kathy and the dog were on the festival grounds. 4 Peaks claimed to have photos of Kathy and the dog on
the event site. The officer informed us that if it happened again, we would be fined significantly for each
occurrence and for each dog. In truth, no dogs were on the festival grounds. Photos were never
produced. This was unwarranted harassment.
Event Monitoring and Drone Usage
Some don't understand that we have no interest in spending time looking for and documenting issues
surrounding the 4 Peaks Music Festival. But we have been advised by the county, law enforcement and
' 4 PEAKS FESTIVAL COMMENTS z
attorneys that the best solution for encouraging the county to help the festival find an appropriate
location is to document permit violations and problems.
I have used a drone to capture video and still imagery of the event for the last 3 years. I do so according
to the Special Rule for Model Aircraft (Public Law 112-95 Section 336). 1 use automated flight software
to control the position. I do not fly over the event. I fly over the part of the perimeter of the event for
which I've obtained permission. I observed two drone issues I'd like to point out. There were at least
two other drones operating in the vicinity. One was being operated from within the festival grounds and
I only saw it operating over the festival. The other flew over my property and over the festival. It
appeared to be operated by someone to the east of our home, but I never saw the operator. Both
drones were in violation of the law by operating over the assembly of people.
Given the limited interest and action based on the previous images outlining permit violations I've
decided not to include them in this letter. I am willing to share media with the commissioners and/or
law enforcement on request.
Noise Levels Exceeding Permit Limits
We continued to experience sound meter readings above the 70dbA and 50dbA limits.
Noise continues to be a primary complaint:
• It affects many of our animals in negative ways:
o We observed animals refusing to eat and drink
o We documented weight loss in animals destined for the County and State Fair
o It creates anxiety in the dogs, including a barking response
!s rs + _ti:ic+„+„ Flo
• �I a11CLla our aunty w alccF
• It affects our ability to work out of our home
• it affects our ability to entertain and recreate at our home
Noise Demo
It's very difficult to understand the impact of noise based on a written sound pressure level limit of 70db
on the A scale. I've brought an audio specialist with PA equipment and professional sound level testing
to provide a live demonstration. We'll demonstrate difference between the A scale (better for speech,
and industrial sound) and C scale (better for music). T' 1-, 0-,-,
.
Vehicles using our Driveway
We again had vehicles related to the event using our private driveway before and during the festival.
This happened during the day, evening, and late -night hours between 10pm-3am. All these intrusions
appeared to be from uber, lyft, taxis, and private transportation.
Trash
We had trash from the festival blow into our yard and onto our long driveway.
Additional Concerns/Comments
• Applicant is requesting site preparation access before June 13th. We oppose this. They've been
able to accomplish setup in the allotted time in past years. They shouldn't be granted additional
time this year.
I 4 PEAKS FESTIVAL COMMENTS 3
If it's going to be permitted at the same location, why can't it move substantially to the west?
There is plenty of excellent, usable land to the west. That might make it possible to put
significant distance between the neighbors and the stage/sound/camping
The 4 Peaks Festival has forced more than one family to move away, including a 25-year
resident that didn't want to move but couldn't tolerate the disruption.
I am angered by the applicant's statement in their application in response to item 8.16.190,
claiming 12-years of operation with no county code violations and demonstration that it meets
or exceeds all standards. If this is true, it's only true because county enforcement has not done
an adequate job monitoring the event or following up on legitimate complaints with
documented evidence of violations of numerous elements of their permits.
o We have provided clear evidence of violations in 2017 and 2018 already. These include
noise violations, alcohol violations, drug use violations, open fire violations and security
problems.
o We have spoken to neighbors of the previous festival site and have spoken to numerous
law enforcement personnel about the history of the festival. We've heard the
complaints and problems have been a regular part of the festival's history and yet they
seem to never result in code enforcement.
• In past hearings, the applicant and supporters of the event get to respond to our statement in
the public hearing. Untrue accusations were made about us in public. We would appreciate the
commissioners offering us an opportunity to respond during the hearing.
Summary
• rIhere were many clear permit violations in 2017, ')n1A anus 2n1Q
�
• It's not the right place for the event
• The event hasn't been managed and secured to the permit requirements
• There are established venues well suited for the event that would help overcome these issues
• The county has not been successful at determining violations and assessing penalties
• The county should be collecting and make publicly available
o the event's vehicle counts
o staffing numbers
o the event's medical event/response log
o the DCSO event log related to the event
• We respectfully ask that the permit be denied
November 13, 2019
Deschutes County Health Services - CCBHC Funding Overview
As part of the Protecting Access to Medicare Act, Certified Community Behavioral Health Clinics
(CCBHCs) were established to expand Americans' access to mental health and addiction care in
community -based settings. CCBHCs are required to provide nine types of services along with meeting
reporting, governance, staffing, and care coordination stipulations. Below outlines those funding
sources, timeframes, and payment methods received by Deschutes County in efforts to meet the
community need for integrated care.
CCBHC Demonstration
• Timeframe: 4/1/17 — 3/30/19, which then extended thru 6/30/19
• Source: State (Federal dollars to the state, which are then matched by state funds)
• Amount: $14.8 million
• Payment Modality: Payment per service (a.k.a. Prospective Payment System or PPS)
• Status: Extended through "CCBHC Continuation"
CCBHC Continuation (also referred to as "demonstration year 3")
• Timeframe: 9/1/19 — 2/28/20
• Source: State (Federal dollars to the state, which are then matched through a reduction in
DCHS Behavioral Health State IGA service element funds --estimated at $760,7961.
• Amount: $4.6 million (OHA estimate, net $3.8 million)
• Payment Modality: Payment per service
• Status: Unknown after 2/28/20. Federal legislation currently under consideration,
determination expected November 21, 2019.
CCBHC Expansion Grant
• Timeframe: 9/30/18-9/29/20
• Source: Federal competitive grant through the Department of Health and Human Services
• Amount: $3.4 million
• Payment Modality: Reimbursement for specified expenses (i.e., traditional grant)
• Status: In progress. Continued funding after 9/20/20 under discussion at Federal level.Z
Use of CCBHC Demonstration funds provided:
• Expansion of key personnel to:
o Enhance multidisciplinary teams serving high risk individuals and improving coordination
with primary care.
o Enhance service areas in which there was a shortage of staff to meet needs (i.e. older
adults, La Pine and Main Clinic Outpatient).
o Add infrastructure for supporting grant functions in fiscal, data analytics, and admin
support to teams.
• Reduction of FY 2020 County General Funds by $548,000
• An estimated $6 million of the funds placed in Behavioral Health Reserve Funds by June 30,
2020 for use in future years' statutory obligation.
1 PPS revenue and corresponding Service Element reductions based on average of 9 quarters of PPS revenue and
related match.
2 The same legislation will determine continued funding for CCBHC Continuation and the CBHC Expansion Grant.
CCBHC Services Over Time by Grant
OCCBHC-Conti nuation 0CCBHC-Demonstration - CCBHC- Expansion
3000
7243
7114
6531 65456734 780�-�.,,,_.-7441 �--�-"-'�'"'* 6715
�' 7441 7330 7548 6293 �_--_ ' �''� T43
yn..,, 6064 w�!' 6903---9---"5975 t' 4 6497354""`^•
i000 � ��� 55'74 rw.w ..�6309 ",'� _.,' a .y',6
5518 -"6281 6029 5830 .,
5157 5268 5411
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November 13, 2019
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0 264 198 234 250 185 272 345 328 292 252 314 284 251
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CCBHC Clients Over Time by Grant
0CC8HC-Continuation fICCBHC. Demonstration CCBHC- Expansion
?500
2106 2068 2114 2130 2196 2078 2017 2037 2089 2159 2132
i000 169818211833 1764 1849 1896 J �} 1 1956 1938 18881860 P� 19412022 2015 19912022
1605 1629 1652 ,} 3 s s �S7`v, M�
s$g ) N
t00o rI r; £IN
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95 .103 3.0 f04 444 73 64 1,65 129 157 155 133
0
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Veterans Enrolled in Services by Month and Veterans Seen by Month
0 Veterans Enrolled in Services by Month ®Veterans Served by Month
150
133 136 137
120 122 120 126 125 127 12 .-----"---.�'�'�.-, 126 124
- 113,.�""" 'a"'_".�.>,„,1 13 116 114
too
10 12
85 104 106 106 in3
73 79 95 100 96 100 96 99
52 56 60-..-6-?"""...70--'-'-'w.-�'"'" 73 86 89 88 85 86
50 41 41 45 44 45 , SO„ -5 71
40 38 43 4t 42 52 44 47 53 56 58 58
0 1 \, \M1 \M1 1 1 1 '1 a a a ° a 0 a 0 0 a 0 0 9 9 9 9 \9 9 10 10 -y0 10 .3,0 .y0 10 10 10 10 .I,O 10\ -y0 10 10 �,O 10\ 20 10 10 10 1J 10 M1O 10 10 10
pp 1y. )'PA. ._,y, a, m �•, ay. . \. y \y. �a. �.. \.
J bea• ea. \ c.
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°\ao `�•'o Oc`oo• )� J Ee\'ao �,aa` PQ et" 1°P ) F ° goQ •e\c O`ao\'�o'�s ° Ox�°� `a WoJ �Fa J� �J� P °JSat'`�'� ui O \boa.
Estimated Cumulative CCBHC Revenue by Month
Type * CSK CC-SHC E>n3nCCr Ur c r ?
$15,000,000
$10,000,000
$5,000,000
JUI 2017 Jan 2M Ail 2018 Jan 2019 Jul 2019 Jan 2020 Jul 2020