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2023-258-Minutes for Meeting July 12,2023 Recorded 8/15/2023\vZES BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2023-258 Steve Dennison, County Clerk Commissioners' Journal 08/15/2023 2:32:59 PM FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 9:00 AM WEDNESDAY July 12, 2023 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were Nick Lelack, County Administrator; Kim Riley, Assistant County Counsel; and Brenda Fritsvold, BOCC Executive Assistant. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www.deschutes.org/meetings. CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. 1. Approval of Board Signature of Order No. 2023-030 appointing Health Services Director's Designees 2. Authorize the Risk Manager to renew the County's Property Insurance Policy 3. Authorize the Risk Manager to renew the County's Excess Liability Insurance Policy 4. Approval of minutes of the June 30, 2023 BOCC Legislative Update meeting BOCC MEETING JULY 12, 2023 PAGE 1 OF 9 5. Approval of the May 17 and May 31, 2023 BOCC meeting minutes ADAIR: Move Board approval of the Consent Agenda as presented CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ACTION ITEMS: 6. Presentation of 25-year service award to Sara Crosswhite and Megan Craig Nick Lelack, County Administrator, presented 25-year service awards to 9-1-1 Director Sara Crosswhite and 9-1-1 Training Manager Megan Craig. Lelack spoke to their remarkable accomplishments, relayed accolades from Chief Roger Johnson of the Sisters -Camp Sherman Fire District, and thanked them for their service to the County and the cornrnunity. Chief Devin Lewis of the Redmond Police Department agreed that both Crosswhite and Craig demonstrate high levels of professionalism. 7. 2023 Legislative Session Report Whitney Hale, Deputy County Administrator, introduced Doug Riggs with Northwest Policy Advocates who presented an end -of -session report for the 2023 Oregon State legislative session. Riggs said although the session included a long-term walkout of several senators, during which votes could not be taken, various key bills were passed including SB 644A which relates to rural accessory dwelling units. Commissioner Adair recognized Budget Committee Member Judy Trego who traveled to Salem with her to lobby for an appropriation for the County's courthouse expansion, after which the legislature voted to approve a $15 million contribution to this project. Riggs reviewed bills which were declared to be priorities for the County and their outcomes, expressing his surprise that HB 3126, which related to behavioral health treatment, did not pass. BOCC MEETING JULY 12, 2023 PAGE 2 OF 9 Commissioner DeBone. reported on a $1.5 million appropriation for infrastructure in La Pine which will be used for industrial development. Peter Gutowsky, Community Development Director, spoke to HB 3197 and the County's need to ensure that its housing development regulations are clear and objective. Riggs commended the Commissioners on their efforts to engage with the legislators throughout the session, even during the time of the walkout. He requested that the Board identify potential 2024 issues, participate in interim legislative hearings, and continue to collaborate with local and regional partners. 8. Public Hearing to consider transferring jurisdiction of a portion of Bear Creek Road to the City of Bend Cody Smith, County Engineer and Assistant Road Director, said the City of Bend has annexed and requested jurisdiction of a portion of Bear Creek Road in accordance with a formal agreement between the City and the County which requires the transfer of all County rights -of -way annexed by the City. Smith said this particular transfer would involve approximately 0.25 miles of Bear Creek Road; if approved by the Board, the transfer would take effect at midnight tonight. The public hearing was opened at 10:17 am. There being no one who wished to speak, the public hearing was closed at 10:18 am. CHANG: Move approval of Order No. 2023-022 transferring jurisdiction of a portion of Bear Creek Road to the City of Bend ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 9. Public Hearing: Destination Resort Text Amendments Tarik Rawlings, Associate Planner, described the proposed amendments to Deschutes County Code chapters 18 and 19 to incorporate language from ORS 197.455(1)(a) which would limit residential uses in any new destination resorts to those necessary for the staff and management of the resort. The public hearing was opened at 10:26 am. BOCC MEETING JULY 12, 2023 PAGE 3 OF 9 Rawlings said this application was submitted by Central Oregon LandWatch (COLW) and recommended for approval by the Planning Commission on a vote of 3 - 1 with two Commissioners recusing themselves. Rawlings presented the proposed text modifications to DCC Sections 18.113 and 19.106 for the Board's consideration. Rory Isbell, representing Central Oregon LandWatch, said the County's Comprehensive Plan makes it clear that destination resorts shall only be allowed within certain areas and when they comply with ORS. Further, the Comprehensive Plan explicitly states that destination resorts shall not be allowed within 24 air miles of an urban growth boundary of any city which is over 100,000 in population unless residential uses are limited to those necessary for the resort staff and management. Isbell said because the City of Bend's population exceeded 100,000 in 2021, these provisions now apply. Continuing, Isbell emphasized that these changes would not modify the boundary of the County's Destination Resort Combining Zone but would only affect the type of destination resort that would be allowed—i.e., the only residential housing that could be included would need to be for staff and management of the resort. Isbell agreed that this limitation does not apply to existing destination resorts but said it could apply to a proposal to expand an existing destination resort. With respect to Measure 49, Isbell said this does not apply because there has been no change in law, only a change in circumstances. He summarized that because the population threshold has been met, the provision under discussion now applies to Deschutes County as do other statewide land use planning goals. Rawlings said because public comments are still being received on this matter, he requested that the record be left open at the conclusion of the public hearing. Commissioner DeBone noted the County has a standard annual Code update process and asked why this application was submitted outside of that. Isbell said COLW took it upon themselves to start the conversation. • Paul Lipscomb said this proposal does not involve a change in law but rather serves as a notice to landowners and potential developers as to what is allowed and not allowed. • Eva Eagle said in decades past, it made sense to have destination resorts; however, the area has grown over time and these are no longer needed to bolster the economy. She said new destination resorts with housing beyond that needed for staff would be a detriment rather than a benefit and constitute rural subdivisions disguised as destination resorts. BOCC MEETING JULY 12, 2023 PAGE 4 OF 9 • Mary Fleischmann supported the proposed amendments, saying that destination resorts do not add to affordable housing for those who live and work here but rather serve to offer second residences for those who can afford more than one home. • Bruce Bowen supported the text amendments as they would render County Code consistent with State law. A break was announced at 11:12 a.m.; the meeting resumed at 11:18 a.m. • Mark Stockamp opposed the text amendments, saying these would decrease the value of properties that could be developed as destination resorts and possibly lead to Measure 49 claims against the County. He specifically objected that the changes would devalue the worth of certain County -owned public land in Deschutes County. • Richard Lance supported the text amendments, saying that the 24-mile rule has been in place for a long time and only now is applicable because of the population change. Adding that the public sentiment on this matter is clear, he said this change does not require amending the destination resort map. • joe Craig supported the proposed text amendments in order to align with State law. He said resorts stress wildlife and water supply, and Deschutes County does not need more of these. • Abby Kellner -Rode advocated for the protection of rural lands and encouraged the Board to approve the text amendments, noting the relevant ORS language has been in place for nearly 50 years. • Pamela Mitchell opposed the text amendments as these would greatly impact certain properties and prevent them from being developed. She said destination resorts are carefully planned and provide revenue to local governments and spoke in support of small, private developments instead of an ever-increasing urban growth boundary. • Nunzie Gould said the proposed text amendments do not change the destination resort map nor propose to change it, hence, they do not prohibit development of mapped land so long as a development proposal meets all necessary eligibility criteria. She appreciated that the changes would ensure workforce housing for new destination resorts. • Molly Honea said destination resorts encroach on wildlife habitat and require water. She supported the Planning Commission's recommendation in this matter. • Kristine Larson said this restriction should have been imposed on the Thornburgh destination resort, but was not. She added that Eagle Crest has a hard time finding employees and many of them have long commutes. BOCC MEETING JULY 12, 2023 PAGE 5 OF 9 • Kenneth Katzaroff said these changes must be done as part of the mapping process, not as a separate text amendment. He disagreed that goals 9 and 10 do not apply to counties and said the County must consider the effect of this change on the economy. • Van Evans said because Bend's population has now exceeded 100,000, the restriction on residential development in destination resorts makes sense. He said residents care about the land and the community's future and urged wisdom before profit. • Susie Hart implored the Board to approve the proposed amendments and said that providing housing for staff in destination resorts would reduce traffic volumes. In the time allotted for applicant rebuttal, Isbell said this change does not involve re -mapping eligible lands and in fact the maps will not change. Instead, this limitation which is already contained in State' land use regulations and the County's Comprehensive Plan would simply be added to its Code. The public hearing was closed at 12:01 p.m. Following discussion on whether to leave the record open and schedule deliberations for a different day or commence deliberations immediately, Chair DeBone noted the consensus of the Board to leave the written record open to 4:00 pm on Friday, July 14th and schedule deliberations for Wednesday, July 26. Commissioner Adair acknowledged the letter from an attorney representing Sunriver Resorts and Caldera Springs which emphasized the value of economic certainty and sought assurance that the text amendments will apply only to newly proposed resorts or those seeking to expand. 10. Sheriffs Office Terrebonne Substation Lease Joe Brundage, DCSO Business Manager, presented the documentation to renew the lease of space in Terrebonne for a substation. Brundage said the Sheriffs Office has leased this space for approximately fifteen years; this arrangement provides 1,911 square feet of office space at 8154 11 th Street to assist the DCSO in its north county operations and services. The DCSO will pay $2,110.50 per month, which is a five percent increase from last year. ADAIR: Move approval of Board Signature of Document No.2023-672, Sheriff's Office Terrebonne Substation Lease CHANG: Second VOTE: ADAIR: Yes BOCC MEETING JULY 12, 2023 PAGE 6 OF 9 CHANG: Yes DEBONE: Chair votes yes. Motion Carried 11. Extension of the agreement with the Heart of Oregon Corps for youth work crews to assist the Solid Waste Department Tim Brownell, Solid Waste Director, explained that the department has a longstanding relationship with the Heart of Oregon Corps to provide work crews for various tasks and activities. The crew members are at -risk youth who pick up litter, support the annual Fire Free program, and perform other services as contracted. The agreement stipulates hourly rates for crew supervisors and youth laborers; the total amount is not to exceed $235,000. ADAIR: Move approval of Board signature of Document No. 2023-655, amending the agreement with The Heart of Oregon Corps for FY24 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 12. Secure Rural Schools (SRS) federal funding allocation determinations Chris Doty, Road Director, explained that Deschutes County is able to specify certain allocation amounts for Secure Rural Schools (SRS) funds within identified parameters. Staff recommends that the County direct 85% of this revenue to be spent on roads and schools, 8% on federal projects on federal land, and 7% on county resource projects such as the local Firewise program. Commissioner Chang said while he appreciated efforts to maximize revenue to County departments and operations, some of these funds could have greater impact if allocated differently —for example, to land steward clean-up operations. He suggested allocating 16% of the County's full payment amount to Title II and Title III projects, with 9% going to Title II projects and 7% going to Title III projects. CHANG: Move approval of Resolution No. 2023-042 as amended to elect specific allocations for Secure Rural Schools federal funding, as follows: 84% to Title I projects, 9% to Title II projects and 7% to Title III projects DEBONE: Second VOTE: ADAIR: No CHANG: Yes BOCC MEETING JULY 12, 2023 PAGE 7 OF 9 DEBONE: Chair votes yes. Motion Carried 2 - 1 13. Consideration to hear an appeal of a Hearings Officer decision on a Conditional Use Permit to establish a secondary accessory farm dwelling In the Multiple Use Agricultural Zone Haleigh King, Associate Planner, said after the Hearings Officer denied an application for a Conditional Use Permit to establish a secondary accessory farm dwelling at 19825 Connarn Road, the applicant appealed that decision. King explained that the applicant seeks to utilize an existing manufactured home as a secondary accessory farm dwelling; however, while Deschutes County Code allows the use of a Class A manufactured home as a primary residence, the Hearings Officer denied its use as a secondary dwelling. King added that the mobile home was on the property and had previously been permitted as a temporary medical hardship dwelling when the property changed hands. Responding to questions from Commissioner Chang, Will Groves, Planning Manager, said because Code allows the use of a Class C mobile home as a secondary dwelling, but not Class A or Class B, he interpreted this restriction as an unintended outcome of this Code section. ADAIR: Move approval of Order No. 2023-029 agreeing to hear an appeal of a Hearings Officer decision on a Conditional Use Permit to establish a secondary accessory farm dwelling in the Multiple Use Agricultural Zone - Deschutes County Land Use File Nos. 247-23-000162-CU, 23- 516-A, and specifying that the hearing will be limited de novo CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 14. Resolution No. 2023-044, increasing the Fair & Exposition Department's Imprest checking account for upcoming food and beverage activity Geoff Hinds, Fair & Exposition Director, explained that this checking account, which is managed by Fair & Expo within guidelines established by the Finance department, is used to purchase food and beverage products in advance of resale. Hinds said this increase is larger than previous years due to the size of the upcoming Fairwell Music Festival and associated supply needs based on anticipated product demand. The funds will be reimbursed back to the depositing account upon conclusion of the festival and the annual Fair & Rodeo. BOCC MEETING JULY 12, 2023 PAGE 8 OF 9 CHANG: Move approval of Resolution No. 2023-044 increasing the Fair & Expo Department's Imprest checking account fund by $615,000 in anticipation of the upcoming FairWell Festival and the annual Deschutes County Fair & Rodeo events ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried OTHER ITEMS: None EXECUTIVE SESSION: At 12:54 pm, the Board entered executive session under ORS 192.660 (2) (e) Real Property Negotiations. The Board moved out of executive session at 1:05 p.m. to direct staff to proceed as discussed. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 1:05 pm. DATED this C ! ' day of r/ 2023 for the Deschutes County Board of Commissioners. ATTEST: RECORDING SECRETARY BOCC MEETING ANTHONY DEBONE, CHAIR PATTI ADAIR, VICE CHAIR PHIL CHANG, COMMISSIONER JULY 12, 2023 PAGE 9 OF 9 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 12, 2023 SUBJECT: Property Insurance Renewal RECOMMENDED MOTION: Authorize the Risk Manager to pay $307,845 to Brown & Brown of Oregon for Commercial Property Insurance. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County purchases commercial property insurance to cover its buildings and large equipment. The total insured value is $239,000,000. Brown & Brown of Oregon serves as the County's insurance agent of record. For FY 23-24, Affiliated FM will continue to be the County's property insurance carrier. The cost for this coverage for FY 23-24 is $ 307,845, which is a 5% rate increase as compared to FY 22-23. BUDGET IMPACTS: The cost for property insurance is included in the Risk Management (Fund 670) FY 23-24 budget. ATTENDANCE: Erik Kropp, Deputy County Administrator/Risk Manager re3 Brown & Brown To Pay Online: bbnw.epaypolicy.com Deschutes County 1300 NW Wall St, Ste 201 Bend, OR 97701 Customer: Deschutes County Mall payment to: Brown & Brown of Oregon, LLC P.O. Box 743061 Los Angeles, CA 90074-3061 Overnight payment to: Brown & Brown of Oregon, LLC Lockbox 743061 2706 Media Center Drive Los Angeles, CA 90065-1733 1.11111111 weg*itoont*: — ematro Deschutes County 324357 06/29/2023 (503)274-6511 1 of 1 ptatitaltittillt•":1:9:"**ttl r:41111A141111111$ [#sii::61****411istsi Invoice#12683213 1118547 volaiwo in**14-111 12683213 07/01/2023 111114.00#1111111 Renew policy EIIIIISSSSSISBIV•Kgllnatnletnnnmm Policy #1118547 07/01/2023-07/01/2024 Factory Mutual Insurance Company / Affiliated FM Insurance Company Commercial Property - Renew policy Am�Unt 307,845.00 11111111611111111 $ 307,845.00 1 a 11 it: V011 Please Remit Payment Upon Receipt ,,,x,%yokNaDa e 06/29/2023 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 12, 2023 SUBJECT: Excess Liability Insurance Renewal RECOMMENDED MOTION: Authorize the Risk Manager to pay $235,404 to the Oregon Public Entity Excess Pool for Excess General Liability Insurance. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County purchases excess general liability insurance for claims over $1 million and up to $9 million. The insurance is purchased through the Oregon Public Entity Excess Pool (OPEEP). For FY 23-24, the cost for the policy is $235,404. The cost for coverage in FY 22-23 was $121,596. The increased cost is due to claims experience. BUDGET IMPACTS: The cost for excess general liability insurance is included in the Risk Management (Fund 670) FY 23-24 budget. ATTENDANCE: Erik Kropp, Deputy County Administrator/Risk Manager Public Entity Excess Liability Coverage Declarations OPEEP 15875 Boones Ferry Rd. #1469 Lake Oswego, OR 97035 Named Member Deschutes County PO Box 6005 Bend, OR 97708 Oregon Public Entity Excess Pool Coverage* Per Occurrence Limit* Public Entity Liability Coverage (Including Auto Liability) as described In OPEEP Excess Liability Coverage Agreement $9 ,000,000 Forms Applicable: OPEEP Excess Liability Coverage Agreement - (7/1/2023) Coverage* Per Occurrence Limit* Additional Excess Liability Not Purchased Forms Applicable: OPEEP Excess Liability Coverage Agreement - (7/1/2023) Coverage Contribution Excess Liability $235.404 Excess Liability Total $235,404 Scott Moss Administrator, OPEEP BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 12, 2023 SUBJECT: 2023 Legislative Session Report BACKGROUND AND POLICY IMPLICATIONS: Doug Riggs, the County's lobbyist, will attend and provide an end of session report to the Board of Commissioners. 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C C a > °: ro c aa,,a 0 B+Mail • Meet with delegation Work with Governor/agencies Collaborate with regional/local partners Participate in interim legislative hearings Invite key legislators to Central Oregon (i.e. Rep. Sanchez on A A A HB 3126/BH-PH/etc.) BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 12, 2023 SUBJECT: Public Hearing: Destination Resort Text Amendments RECOMMENDED MOTION: The Deschutes County Planning Commission recommends approval of file no. 247-22- 000835-TA. BACKGROUND AND POLICY IMPLICATIONS: The Board will conduct a public hearing to consider a request for applicant -initiated legislative text amendments to Deschutes County's Destination Resort Combining Zone (File No. 247-22-000835-TA). The proposed amendments would add language from Oregon Revised Statute (ORS) 197.455(1)(a), which would limit residential uses to those necessary for the staff and management of the resort at any new destination resort allowed within 24 air miles of an urban growth boundary population of at least 100,000. The full record is located on the project webpage: https://www.deschutescounty.gov/cd/page/247-22- 000835-ta-destination-resort-text-amendment BUDGET IMPACTS: None ATTENDANCE: Tarik Rawlings, Associate Planner I'ES COMMUNITY DEVELOPMENT MEMORANDUM TO: Deschutes County Board of County Commissioners FROM: Tarik Rawlings, Associate Planner DATE: June 22, 2023 SUBJECT: Public Hearing: Destination Resort Amendments The Deschutes County Board of County Commissioners (Board) will conduct a public hearing on July 12, 2023, to consider applicant -initiated legislative text amendments to Deschutes County's Destination Resort (DR) Combining Zone (file no. 247-22-000835-TA). The hearing will be held at the Barnes and Sawyer Room, Deschutes Service Center, 1300 Wall Street, Bend. This is the second of two required public hearings. Attached to this memorandum are the proposed text amendments, findings, and original application materials which have not changed since the Board's work session on July 10, 2023. Within the proposed amendments, added language is shown in bold underline. The public hearing will be conducted in -person, electronically, and by phone. The record is available for inspection on the project website: https://www.deschutescou my.gov/cd/page/247-22-000835-ta-destination-resort-text-a mend ment I. BACKGROUND In October 2022, the applicant Central Oregon LandWatch (COLW), applied for a legislative amendment to Deschutes County's Destination Resort (DR) Combining Zone. The proposed amendments would add language from Oregon Revised Statute (ORS) 197.455(1)(a), which would limit residential uses to those necessary for the staff and management of the resort at any new Destination Resort allowed within 24 air miles of an urban growth boundary population of at least 100,000. This proposed amendment would only apply to newly proposed Destination Resorts and would not apply to existing or approved Destination Resorts. The applicable language from ORS 197.455(1)(a) is provided below: (1) A destination resort may be sited only on lands mapped as eligible for destination resort siting by the affected county. The county may not allow destination resorts approved pursuant to ORS 197.435 (Definitions for ORS 197.435 to 197.467) to 197.467 (Conservation easement to protect resource site) to be sited in any of the following areas: (a) Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort. Staff notes that this restriction does not automatically come into effect because of updated population information being published. In LUBA 2022-011, the Land Use Board of Appeals found: We adhere to and reiterate our conclusion in Gould Golf the limitations on resort siting in ORS 197.455(1) apply at the time that a county adopts maps identifying lands eligible for siting destination resorts. After a county has adopted such maps, the limitations in ORS 197.455(1) do not apply to specific applications for destination resorts. Accordingly, an amendment to local code would be required to bring the population -based limitation into effect. Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development on January 11, 2023. Agency notice was sent to relevant agency partners on January 18, 2023, and several agency comments were received. Notice of the proposal was sent to all property owners within Deschutes County who are within the DR Zone on January 23, 2023. The Notice explained the scope of the proposal, provided a project -specific website related to the application, and gave meeting information for the initial Planning Commission public hearing held on February 23, 20231. II. PROPOSAL Staff has provided the applicant's proposed amendments to DCC Sections 18.113 and 19.106 in Attachment 1. The applicant, in this case COLW, has provided findings (included as Attachment 2) which summarizes the amendments and provides analysis of the Statewide Planning Goals, applicable policies of the Deschutes County Comprehensive Plan, and relevant state law. Attachment 3 includes the original application materials submitted by the applicant. III. PLANNING COMMISSION REVIEW An initial public hearing was held before the Deschutes County Planning Commission on February 23, 20232, with a continued public hearing held on March 9, 2023'. The Planning Commission held deliberations on March 23, 20234, ultimately recommending approval of the proposal with three (3) Commissioners voting in favor and one (1) Commissioner voting against the proposal (two (2) Commissioners recused themselves from deliberations). Collectively, over 350 public comments have been submitted into record regarding the subject proposal, including supportive, oppositional, and neutral comments. IV. PUBLIC TESTIMONY 1 https://www.deschutescounty.gov/cd/page/247-22-000835-ta-destination-resort-text-amendment 2 https://www.deschutes.org/bc-pc/page/planning-commission-27 3 https://www.deschutes.org/bc-pc/page/planning-commission-24 4 https://www.deschutes.org/bc-pc/page/planning-commission-28 Page 2 of 4 As of the date of this memorandum, there have been over 350 written comments submitted into record. A summary of the public comments is provided below: TESTIMONY IN SUPPORT The testimony received in support of the subject application generally focuses on the following areas: • The proposed text amendment should be approved because it aligns County Code with state law • The proposal is required to be approved as a function of state law • The proposal is required to be incorporated in County Code because the population of City of Bend's Urban Growth Boundary has now exceeded 100,000 individuals. • New large-scale Destination Resorts create negative impacts on natural resources and open spaces. • New large-scale Destination Resorts are not viable economic opportunities for the County and predominantly cater to an exclusive group of individuals. • The proposed amendments align the County Code with the County's adopted Comprehensive Plan policies (Policy 3.9.3(a)(1)) related to Destination Resort siting. TESTIMONY IN OPPOSITION The testimony received in opposition to the subject application generally focuses on the following areas: • The subject application is the wrong type of application - a plan amendment should be required for the proposed amendment. • There may have been insufficient written notice provided through the County's Measure 56 notice. • Limiting the types of residential uses allowed on a new Destination Resort exacerbates the ongoing affordable housing crisis by only allowing housing for staff and management of a resort. • Limiting the types of residential uses allowed on a new Destination Resort may be detrimental to the value of DR -zoned properties and may not be economically -supportive of the Deschutes County region. • The proposal may constitute a general infringement on individual property rights. • There should be allowances for additional large-scale Destination Resorts to create economic competition between the existing resorts. V. BOARD OF COUNTY COMMISSIONERS WORK SESSION The Board conducted a work session on July 10, 2023. Any questions or comments raised by the Commissioners during that work session will be incorporated into the public hearing proceedings and/or the subsequent open record period, should the Board choose to impose such a period. VI. NEXT STEPS At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; • Close the hearing and set a date for deliberations; or Page 3 of 4 • Close the hearing and commence deliberations. Attachments: 1. Proposed Text Amendments - DCC Chapters 18.113 and 19.106 2. Proposed Findings 3. Applicant's Application Materials Page 4 of 4 Tarik Rawlings From: Sent: To: Cc: Subject: Attachments: [EXTERNAL EMAIL] Steven Hultberg <shultberg@radlerwhite.com> Tuesday, July 11, 2023 2:16 PM Board Tarik Rawlings; Fettig, John; O'Shea, Thomas; Rory Isbell Destination Resort Text Amendment --Proposed Changes Lt. BOCC re DR Code Text Amendment (as filed) (01360931xC624A).pdf Chair DeBone and Commissioners, Please see the attached letter in connection with the above referenced matter. Please add this email and the letter to the record in this matter. Regards, Steve RADLER WHITE PARKS A EXAM E Steven P. Hultbe: g PO Box 2007 Bend, Oregon 97709 P 54 .585:3697 C 541:420,1024 E shultberg©radlerwhite.com i w a taL W p J 1- a Steven P. Hultberg shultberg@radlerwhite.com 541-585-3697 July 11, 2023 N ( _ VIA EMAIL Deschutes County Board of Commissioners 1300 NW Wall St. CL Bend, Oregon 97703 board@deschutes.org RE: Destination Resort Code Changes ce !.. 247-22-000835-TA - Destination Resort Text Amendment w Dear Chair DeBone and Commissioners: I represent Sunriver Resort Limited Partnership and its affiliate Caldera Springs Real Estate ("CSRE"). Please add this letter to the record in the above -referenced matter. CSRE is the developer of Caldera Springs Destination Resort (the "Resort"). The Resort is currently operating under a valid Final Master Plan. The Resort does not have a position on the proposed code amendments related to housing in destination resorts. The Resort, however, would like to clarify one issue and propose amendments to the draft code language. As the staff report, findings and Measure 56 Notice all state, the housing restrictions are not intended to apply to existing resorts such as Caldera Springs. That said, in an abundance of caution, we strongly recommend that the code language used throughout be revised as follows: Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more, residential uses are limited to those necessary for the staff and management of the resort, provided that this provision shall apply only to newly proposed resorts seeking Conceptual Master Plan approval under DCC 18.113.050 or expansion proposals of existing developments under DCC 18.113.025." Thank you for your consideration of these comments. Very truly yours,rs� Steven P. Hultberg cc: Caldera Springs Real Estate Central Oregon Landwatch {01360920;1} Tarik Rawlings From: Sent: To: Subject: Garrett Chrostek <Chrostek@bljlawyers.com> Wednesday, July 12, 2023 8:52 AM Tarik Rawlings 247-22-000835-TA You don't often get email from chrostek@bljlawyers.com. Learn why this is important [EXTERNAL EMAIL] Tarik, I wanted to advocate for some clarifying edits to the above referenced text amendment. I think it is very awkward and confusing to insert the proposed language into Sections 18.113.030 and 19.106.030 if the intent is to be narrowly focused on new resorts. A better approach is to include language in Sections 18.113.070 and 19.106.070 that essentially makes the limitation a mandatory condition of approval for new resort approvals. Thanks, Garrett Chrostek A torney gt ;areho de, E chrostek@bljlawyers.com 82 y33.- , ii 389 3396 e .wav %02 www.bljlawyers.com B Y. ~NT`l', L01,7L(.r.l I l.j,ilS w CC This communication may contain ,, vi eged or other confide, ai information. I- y o re not the flitenciisa,a recipiedi relieve that you may have received This communication . pi -ease repiy the sender indicating that fact anh ete copy yon received. In addition, you shontd not print, copy, re , ansrnit disseminafe, or ottrierwise se phis infommatlan. 1 LEGISLATIVE HEARING OPENING PROCESS (updated 02.8.23) 1. CHAIR: "This is the time and place set for hearing on File no. 247-22-000835-TA, concerning proposed legislative text amendments to Deschutes County's Destination Resort (DR) Combining Zone initiated by the applicant, Central Oregon LandWatch (COLW)." 2. CDD STAFF informs the audience as follows: • [SLIDE 2] The Board of County Commissioners will hear oral testimony, receive written testimony, and consider the testimony submitted at this hearing. • [SLIDE 2] The hearing is also being recorded. • [SLIDE 2] The Board may make a decision on this matter today, continue the public hearing to a date certain, or leave the written record open for a specified period of time. • [SLIDE 2] The hearing will be conducted in the following order. Staff will give a report on this issue. We will then open the hearing to all present and ask people to present testimony at one of the tables or at the podium. You can also provide the Commission with a copy of written testimony. • [SLIDE 3] Record materials may be viewed at the project website, shown on the screen. • [SLIDE 4] This is a hybrid hearing with both in -person and remote participation. Before starting your testimony please provide your first and last name as well as your mailing address. I will note that the Board has established time limits for testimony. The applicant will have 30 minutes; agencies will have 10 minutes; members of the public will have 3 minutes; and the applicant will have 10 minutes for rebuttal. • [SLIDE 5] If you are participating in person, please fill out a blue sign up sheet and submit to the Board secretary at the side of the room, you will then be called to the table to provide testimony. • [SLIDE 6] For remote participants, please indicate if you'd like to provide testimony by using the raise hand button in Zoom, or by dialing *9 if you are participating via phone. The Chair will then call on participants with hands raised to provide testimony. • [SLIDE 7] Questions to and from the Chair may be entertained at any time at the Chair's discretion. Cross-examination of people testifying will not be allowed. However, if any person wishes to ask a question of another person during that person's testimony, please direct your question to the Chair after being recognized. The Chair is free to decide whether or not to ask such questions of the person testifying. • [SLIDE 7] In addition to oral testimony, if anyone has written testimony to submit, please hand it to me. If you are in -person, please submit your written testimony to me after your testimony. If you are participating remotely, you can submit your written testimony via email to me at Tarik.Rawlings@deschutes.org. • [SLIDE 7] The Chair and staff are responsible for conducting an orderly hearing. Any testimony or behavior which is inappropriate will be addressed and may result in that member of the public being removed from the hearing. • [SLIDE 7] Prior to the commencement of the hearing any party may challenge the qualifications of any Commissioner for conflict of interest. This challenge must be documented with specific reasons supported by facts. • [SLIDE 7] Should any Commissioner be challenged, the member may disqualify himself or herself, withdraw from the hearing or make a statement on the record of their capacity to hear and decide this issue. • [SLIDE 7] At this time, do any members of the Commission need to set forth any information that may be perceived as a conflict of interest? 3. CHAIR: Does any Commissioner have anything to disclose and, if so, please state the nature of same and whether you can proceed?" 4. BOARD: The hearings body discloses conflicts and states whether they are withdrawing from the hearing or whether they intend to continue with the hearing. 5. CHAIR: Does any party wish to challenge any Commissioner (member of the hearings body) based on ex-parte contacts, biases, or conflicts of interest? 6. CHAIR: As no challenges are presented, prior to opening the hearing, does anyone have any procedural objections to the public hearing. 7. CHAIR: Seeing none, the hearing is now open. Staff will proceed with a brief staff report. 0 0) 4,4 C 0 G) boo e� C C "Mal V) W et EEO ort 0 cu 0 CU mee 0 Lea 0 669 w VI C tn a. In 0 N '*° 0 EIRMIN C4 MEE 0 0. ro bC) Q gym. v7 00 c/t b.Q cow, E Ln (13 E w 0 ra E 0 0) CL X 0) R5 4.0 cj rri cu E E u ra 0 u EOM G) 0 0 First and Last Na bO 1020200, A t Bodies = 10 minutes E 10 minutes cant Rebutta w 0 ue sign-up sheet and in ma ra A one will call .47,14 A 0 4.4 at the front of the roc gegegtio et) ea uest that a 0 DEM ra A A ra 0) gan 3kft e Hand button 341 4.; (1/ 411 en 3. 0 ROW 0) 0 NJ 0 c 0 r a 000000 0 c 0 10,09009 4J a) 0 0 ad a) rrti c) CD tIO u w 0 E L. L- c� ter' a D z°® �� L.L, Z °0 spa V) V) L c5 L oC c-,,,` 0 N (Lin 0 Ln C 0 Z CO C 0-3 z L L. 0 0 E ndment (CO C\1 00 4J rt w - u b.° (tc (-0 CU ce sent to re -0 L) r0 c CU • 0 a. On OCN r\J OQ) c 4.-J tx() u esorts Zone 4-) 0 Q.) c c rZ 0 LO u u gale ZE 2.57S (NI rn (NJ mbO r\J c CN • E u ro ,1,..105;D:Te idtsg.'41 (Y CN CY) c 0 4-) E E 0 u c b.o E.).> o_ (i) o_ o 4- a .41-3 c E E r0 L) 0 E E a u bO c c c 0 sioners recused themselves E E 0 E u 0 u CY) comments received to date Around 450 pub fib L 0 Q CD NI L LO LD CL 0 CD u 4-,ln CU u L.) —0 -0 rO ro c 0 0 u 0.) H 4J 'co -4-J (13 bj) EL.) ........] rr5 c D E 0 taf3 (1) 4-) CD • ' tten record open to a eave the w a) c iberations; or 0 4J ("0 CU w _CD 0 7:3 Q) rC3 Q) E E u -0 -0 cc (13 r tD-0 17A0 cc Close the hea 0) 1 c 0 o L ii QJ c 0 4-1 c co u QJ o. in yl 44 o 4-0 rra CiJ CU Li a. 121 111 Electronic submittals 4J 0 CU ro 4J c • • r0 bi 0 • • • • • a) c c cL EY MS.= ro Tarik Rawlings From: Steven Hultberg <shultberg@radlerwhite.com> Sent: Tuesday, July 11, 2023 2:16 PM To: Board Cc: Tarik Rawlings; Fettig, John; O'Shea, Thomas; Rory Isbell Subject: Destination Resort Text Amendment --Proposed Changes Attachments: Lt. BOCC re DR Code Text Amendment (as filed) (01360931xC624A).pdf [EXTERNAL EMAIL] Chair DeBone and Commissioners, Please see the attached letter in connection with the above referenced matter. Please add this email and the letter to the record in this matter. Regards, Steve RADLER WHITE PARKS Steven P. Hultberg PO Box 2007 Bend, Oregon 97709 P 541 .585:3697 C 541_420,102 E shultberg(aradlerwhite.com EXAER up • Steven P. Hultberg shultberg@radlerwhite.com 541-585-3697 July 11, 2023 VIA EMAIL Deschutes County Board of Commissioners 1300 NW Wall St. Bend, Oregon 97703 board@deschutes.org RE: Destination Resort Code Changes 247-22-000835-TA - Destination Resort Text Amendment Dear Chair DeBone and Commissioners: I represent Sunriver Resort Limited Partnership and its affiliate Caldera Springs Real Estate ("CSRE"). Please add this letter to the record in the above -referenced matter. CSRE is the developer of Caldera Springs Destination Resort (the "Resort"). The Resort is currently operating under a valid Final Master Plan. The Resort does not have a position on the proposed code amendments related to housing in destination resorts. The Resort, however, would like to clarify one issue and propose amendments to the draft code language. As the staff report, findings and Measure 56 Notice all state, the housing restrictions are not intended to apply to existing resorts such as Caldera Springs. That said, in an abundance of caution, we strongly recommend that the code language used throughout be revised as follows: Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more, residential uses are limited to those necessary for the staff and management of the resort, provided that this provision shall apply only to newly proposed resorts seeking Conceptual Master Plan approval under DCC 18.113.050 or expansion proposals of existing developments under DCC 18.113.025." Thank you for your consideration of these comments. Very truly yours, Steven P. Hultberg cc: Caldera Springs Real Estate Central Oregon Landwatch [01360920;1} Tarik Rawlings From: Sent: To: Subject: Garrett Chrostek <Chrostek@bljlawyers.com> Wednesday, July 12, 2023 8:52 AM Tarik Rawlings 247-22-000835-TA You don't often get email from chrostek@bljlawyers.com. Learn why this is important [EXTER€NAL. EMAIL] Tarik, I wanted to advocate for some clarifying edits to the above referenced text amendment. I think it is very awkward and confusing to insert the proposed language into Sections 18.113.030 and 19.106.030 if the intent is to be narrowly focused on new resorts. A better approach is to include language in Sections 18.113.070 and 19.106.070 that essentially makes the limitation a mandatory condition of approval for new resort approvals. Thanks, Garrett Chrostek Attorney & har-eho'der chrostek@bljlawyers.com P 541-382-4331 www.bijlawyers.com i3 i t Y A. r. r Z 1.:o f 1 1 y` 389 '386 591 SVN w , Vies. Way;. Bend, OR :;2 NOTICE: communication ay contain trio eged or other identi. :fo on. If you are . t the intendea recipient or beileye that you may have received s commidnicatlon in error, please reply to the sender ndic.t n; that fact and delete the copy you received. addition, you _ on.cr not print, copy, retransmit, nsmit disseminate, or °theca,.ise use t 6 o`r a�lorr. 1 wwwocoOw.orq July 11, 2023 via email: board@deschutes.org, tarik.rawlings@deschutes.org Deschutes County Board of County Commissioners c/o Tarik Rawlings, Associate Planner 117 NW Lafayette Ave Bend, Oregon 97703 Re: File No. 247-22-000835-TA; Destination Resort Text Amendment Dear Chair DeBone, Vice -Chair Adair, and Commissioner Chang, Thank you for hearing testimony on File No. 247-22-000835-TA, an application to amend the Deschutes County Code (DCC) to comply with Oregon statute, statewide land use planning Goal 8, and the Deschutes County Comprehensive Plan (DCCP). We respectfully request you adopt the proposed text amendments. I. Background and text amendment proposal This application proposes a simple, straightforward update to the DCC to ensure conformance with state and local law. Since 1987, Oregon statute has imposed a limitation on destination resorts when an urban population threshold is reached: "[T]he county may not allow destination resorts [] to be sited [] [w]ithin 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort." (ORS 197.455(1)(a)) Goal 8 includes the same limitation: "Eligible Areas (1) Destination resorts allowed under the provisions of this goal must be sited on lands mapped as eligible by the affected county. A map adopted by a county may not allow destination resorts approved under the provisions of this goal to be sited in any of the following areas: (a) Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort;" (OAR 660-015-0000(8), Oregon statewide land use planning Goal 8) 1 �3f www.ccow.oirq The DCCP in two places also includes the same limitation. The first is in DCCP Policy 3.9.1: "Policy 3.9.1 Destination resorts shall only be allowed within areas shown on the "Deschutes County Destination Resort Map" and when the resort complies with the requirements of Goal 8, ORS 197.435 to 197.467, and Deschutes County Code 18.113." The second is in DCCP Policy 3.9.3: "Policy 3.9.3 Mapping for destination resort siting a. To assure that resort development does not conflict with the objectives of other Statewide Planning Goals, destination resorts shall pursuant to Goal 8 not be sited in Deschutes County in the following areas: 1. Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort;" The first of these two policies, Policy 3.9.1 includes a two-part requirement that a resort both be shown on the county's Destination Resort Map and comply with Goal 8 and ORS 197.435 to 197.467, which includes ORS 197.455(1)(a). This means that the limitation at ORS 197.455(1)(a) is already an adopted land use regulation in Deschutes County. The proposed text amendment would simply amend the DCC to conform to the DCCP. After holding two public hearings, the Deschutes County Planning Commission in a 3-1 vote recommended that the County adopt the proposed amendments. II. Not adopting the proposed amendments would cause the DCC to conflict with the DCCP A local government's zoning code must conform to its acknowledged comprehensive plan. ORS 197.835(8), ORS 197.175(2), Baker v. City of Milwaukee, 271 Or 500, 514 (1975). As described above, the DCCP already contains the limitation on destination resorts that the proposed text amendments seek to include in the DCC. Not adopting the proposed text amendment, now that the Bend UGB population has surpassed 100,000, would cause the DCC to conflict with the DCCP. ORS 197.646(1) requires that "[a] local government shall amend the comprehensive plan and land use regulations to implement new or amended statewide planning goals, commission administrative rules and land use statutes when such goals, rules or statutes become applicable 2 vwww.,coOvv,org to the jurisdiction." (emphasis added). The ORS 197.455(1)(a) limitation on destination resorts is now applicable in Deschutes County, and the County should amend its land use regulations accordingly. III. Proposed text amendments are not a map amendment An argument made in opposition to this application argues that the proposed text amendment is a veiled attempt to amend the County's adopted Destination Resort Map. This argument refers to a recent LUBA case, which concluded that ORS 197.455(1)(a) does not apply at the site plan stage of a destination resort with an already -approved master plan. Gould v. Deschutes County, LUBA No. 2022-013 (2022), aff'd without op, 314 Or App 636, 494 P3d 357 (2021), rev den, 369 Or 211 (2022). Indeed, the county's adopted maps control what properties are eligible for destination resorts. The current text amendment proposal would not in any way change the county's adopted maps, and those maps will continue to control property eligibility for destination resort development. There is no other way to implement ORS 197.455(1)(a) and cause the DCC to conform with that state law than what the current application proposes. ORS 197.455(1)(a) does not say that destination resorts are not allowed within the 24-mile radius, which would require a map amendment. If the proposed amendments are adopted, destination resorts will still be allowed on all lands currently mapped as eligible for destination resorts in Deschutes County. Amending the map would not, and could not, cause the DCC to comply with ORS 197.455(1)(a). Rather than proposing to amend the map, the current application proposes amending the zoning code that applies to lands on that map. This approach has been expressly endorsed by LUBA: "Nothing in the text or context of ORS 197.455 (1) or (2) prohibits adding lands described in ORS 197.455 (1)(a), (b)(B) and (f) to the map of eligible lands, subject to a condition or restriction of some kind adopted as part of the mapping decision to ensure that a site will not be developed with a resort unless the relevant exception is satisfied. Indeed, it is difficult to imagine how the exceptions in ORS 197.455 (1)(a) and (b)(B) could be satisfied in any other way." (Central Oregon LandWatch v. Deschutes County, 66 Or. LUBA 192, 202 (2012)) 3 www.coBw.org As LUBA stated, it is difficult to imagine how the restriction at ORS 197.455(1)(a) could be satisfied in any other way than placing a condition in the zoning code that applies to lands on the destination resort eligibility map. The County already adopted this "condition or restriction" in its comprehensive plan at DCCP Policies 3.9.1 and 3.9.3. The current application simply proposes to also adopt this restriction into the DCC. IV. No Measure 49 liability arises from the proposed text amendment The proposed text amendments would not give rise to claims under Measure 49 for compensation. Importantly, the limitation on destination resort development that the proposed text amendments would include in the DCC already exists in state statute, in Goal 8, and in the DCCP. To give rise to Measure 49 claims, a land use regulation that restricts residential use or a farming or forest practice must have been "enacted after January 1, 2007." ORS 195.310(1). ORS 197.455(1)(a) was enacted in 1987. There has been no change in law that would trigger Measure 49. There has only been a change of circumstances — the population of the City of Bend UGB surpassing 100,000 — that makes ORS 197.455(1)(a) applicable in Deschutes County. No Measure 49 claims arise from the proposed text amendment because no new land use regulation is proposed. The only thing new is a change in circumstances; the law found in ORS 197.455(1)(a), Goal 8, and the DCCP are not new. V. Conclusion Destination resorts in Deschutes County have served their purpose to catalyze rural development and tourism. Now that a UGB in Deschutes County has surpassed the 100,000 population threshold, the limitation placed on destination resorts by the Oregon legislature in 1987 is applicable. We respectfully request the County adopt the proposed text amendments to ensure the DCC conforms to state statute, Goal 8, and existing DCCP policies. // // // // // // 4 CNiA. OREGON TC Regards, Rory Isbell Rural Lands Program Manager & Staff Attorney Central Oregon LandWatch 2843 NW Lolo Dr., Suite 200 Bend, Oregon 977903 (541) 647-2930 rory@colw.org www.c(Aw.org 5 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Name ' l)/ i l 5 Address j , bjC \PX Phone #s E-mail address 7- 7� c_<'ceiocib&,,Af14-710, 11/(\. Date: Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: ?"1-tIcr tJ 0 J-t. r W. R . Date: -7- 12--2;3 Name v A '2A GL 5... Address l 12 (2- P i Pt. D /2-t 4 1- tscsu.s D f9 Phone #s 5 — t E-mail address eV et. . e. c v .►r. X In. Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS w ems Subject: Name Address BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony i (1ckTi C�1 I. (VW — Date: 7 23 Phone #s j: q (-3(x-,m41 - E-mail address N,.` \)tr-tkill In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: `D 4-5r/00,7tc a-ris612-7 '`(G)cF4-me,t)DMek)T Date: Name Se t C Address C 1-2. i Z= (( ` E. t , ‘tS 76-R5 ®rz, 9 -1- Phone #s 5" 1 4 ? -- t ? E-mail address ,ru ce.-d 6c vof yv., a q 11,A In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: e S'`V x1 C� s� \Q....s05'c - a kr*Ar""\\". 7 Date: Name S L Iw ' Address 6O IO \ J O 4 Qr 9TWz- 5(Y3 - _ () 2 Phone #s 212 E-mail address ri' y.,,s' (.v4a b \\ Lork In Favor Neutral/Undecided 0/ Opposed Submittingwritten documents aspart of testimony? M Yes Y If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Subject: Name Address E-mail addres BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS a BOARDOF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject:.2117" — 0 d Date: - / , Name Address 0 7 N Vitt r D O9,70 Phone#s lr-D q � E-mail address FA In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the recor SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS �1 ES BOARD OF COMMISSIONERSMEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: .-'"006 5.--1 Name A49 Y/ /- --'" (2 Address Q ' 176 (A) 1ke4,-- Phone #s 771 ' /- / - Q E-mail address ,t,h,k) �: FOA/n Favor Date: 1 Neutral/Undecided Submitting written documents as part of testimony? U Yes If so, please give a copy to the Recording Secretary for the record: Opposed SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Loyakt Name d )Vu/ Address 4,93;; 9 Phone #s 7 7/- 4925. Date: 7— J2 -- j E-mail address /9,4#1,4,75'ived7,x.0jr'��. In Favor Neutral/Undecided N Opposed Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record: SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERSMEETING REQUEST TO SPEAK Citizen Input or Testimony Subject:.1 R Date: 4i `" 0 2 2-3 Name 1. Address In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the. Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Opposed -VES BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: n S t - Name Vo.: FJ uj Address (5 S (A) PO 4 taiikk, Date: 1 / Phone #s / 2 ) 3 sq q S E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, JULY 12, 2023 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 I www.deschutes.org REVISED AGENDA MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and can be accessed and attended in person or remotely, with the exception of any executive session. Members of the public may view the meeting in real time via YouTube using this link: http://bit.ly/3mminzy. To view the meeting via Zoom, see below. Citizen Input: The public may comment on any topic that is not on the current agenda. Alternatively, comments may be submitted on any topic at any time by emailing citizeninput@deschutes.org or leaving a voice message at 541-385-1734. When in -person comment from the public is allowed at the meeting, public comment will also be allowed via computer, phone or other virtual means. Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer. • To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *6 to indicate you would like to speak and *9 to unmute yourself when you are called on. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, call (541) 388-6572 or email brenda.fritsvold@deschutes.org. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. CONSENT AGENDA 1. Approval of Board Signature of Order No. 2023-030 appointing Health Services Director's Designees 2. Authorize the Risk Manager to renew the County's Property Insurance Policy 3. Authorize the Risk Manager to renew the County's Excess Liability Insurance Policy 4. Approval of minutes of the June 30, 2023 BOCC Legislative Update meeting 5. Approval of the May 17 and May 31, 2023 BOCC meeting minutes ACTION ITEMS 6. 9:10 AM 25-Year Service Recognition: Sara Crosswhite and Megan Craig 7. 9:20 AM 2023 Legislative Session Report 8. 10:05 AM Public Hearing to consider transferring jurisdiction of a portion of Bear Creek Road to the City of Bend 9. 10:20 AM Public Hearing: Destination Resort Text Amendments 10. 11:20 AM Sheriff's Office Terrebonne Substation Lease 11. 11:30 AM Extension of the agreement with the Heart of Oregon Corps for youth work crews to assist the Solid Waste Department 12. 11:40 AM Secure Rural Schools (SRS) federal funding allocation determinations July 12, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 13. 11:50 AM Consideration to hear an appeal of a Hearings Officer decision on a Conditional Use Permit to establish a secondary accessory farm dwelling In the Multiple Use Agricultural Zone 14. Resolution No. 2023-044, increasing the Fair & Exposition Department's Imprest checking account for upcoming food and beverage activity LUNCH RECESS OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. 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. 15. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations ADJOURN July 12, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3