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2023-265-Minutes for Meeting July 19,2023 Recorded 8/22/202301 Es Co BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 9:00 AM Recorded in Deschutes County CJ2023-265 Steve Dennison, County Clerk Commissioners' Journal 08/22/2023 11:27:05 AM � „F��,, III�IIIIII"IIIIIIIIIIIII III III 2023-265 FOR RECORDING STAMP ONLY BOCC MEETING MINUTES WEDNESDAY July 19, 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: • Carl Shoemaker urged the wearing of helmets while riding bicycles, e-bikes and motorcycles to prevent serious head injuries. • Ron Williams, director of outreach for the Oregon Health Justice Recovery Alliance, reported a dramatic increase in the number of people receiving addiction treatment services since the passage of Measure 110 and shared information on efforts to address the critical issue of substance abuse. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. 1. Approve Board signature of Document No. 2023-575, Amendment #3 to an agreement with Youth Villages for crisis and transition services BOCC MEETING JULY 19, 2023 PAGE 1 OF 9 2. Consideration of Board Signature on Letter of Thanks to Carol Martin for service on the Deschutes County Dog Control Board of Supervisors. 3. Consideration of Board Signature on Letter Reappointing Daniel Holland for service on the Deschutes County Dog Board of Supervisors. 4. Approval of minutes of the BOCC June 5 and June 7, 2023 meetings CHANG: Move Board approval of the Consent Agenda as presented ADAI R: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ACTION ITEMS: 5. Agreements for vehicle leases for the use of the Sheriffs Office Lt. Ty Rupert from the Deschutes County Sheriff's Office presented two proposed vehicle leases, one for a Terradyne Gurkha MPV armored truck and the other for a PistenBully 100 tracked rescue vehicle. Rupert explained that the Gurkha is needed to assist in SWAT and citizen rescue operations and the PistenBully will allow the transport of 8-10 persons into and out of remote areas along with medical and other lifesaving equipment. ADAI R: Move to authorize Captain Paul Garrison to sign Document No. 2023-705, a lease agreement with Bancorp for a Terradyne Gurkha MPV armored truck CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried CHANG: Move to authorize Captain Paul Garrison to sign Document No. 2023-706, a lease agreement with Bancorp for a 2023 PistenBully 100 Tracked Rescue Vehicle ADAI R: Second BOCC MEETING JULY 19, 2023 PAGE 2 OF 9 VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Chair DeBone announced that agenda item 7. would be taken up before agenda item 6. 7. Memorandum of Understanding between Solid Waste and Community Development for Code abatement funding Sherri Pinner, CDD Senior Management Analyst, explained that the Memorandum of Understanding states how Solid Waste will pay the Community Development Department for designated Code abatement services. As per the terms of the agreement, Solid Waste will transfer a total of $200,000.00 to Fund 020 during Fiscal Year 2023-24 via monthly transfers of $16,666.66. ADAIR: Move approval of Board Signature of Document No. 2023-643, a Memorandum of Understanding between the Solid Waste and Community Development departments for Code abatement funding CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 6. Public Hearing and consideration of Resolution No. 2023-045 adopting a supplemental budget and increasing appropriations within the Solid Waste and Code Abatement funds and the 2023-24 Deschutes County budget Budget and Financial Planning Manager Dan Emerson said the Memorandum of Understanding between Solid Waste and the Community Development Department will provide funding for Code abatement services via an interfund payment of $200,000. He reminded that these payments will be funded by the additional 2% franchise fee for commercial and noncommercial haulers which was approved by the Board on June 21 st. Emerson said because the supplemental budget for Code Abatement exceeds fund expenditures by more than 10%, a public hearing is required. He concluded that this adjustment will increase appropriations in the Solid Waste fund by $240,000 and by $200,000 in the Code Abatement fund. The public hearing was opened at 9:30 am. There being no one who wished to speak, the public hearing was closed at 9:31 am. BOCC MEETING JULY 19, 2023 PAGE 3 OF 9 EI CHANG: Move Board approval of Resolution No. 2023-045 adopting a supplemental budget and increasing appropriations within the Solid Waste and Code Abatement funds and the 2023-24 Deschutes County budget ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Consideration of a one-time appropriation to the Central Oregon Guardian Assistance Program Dan Emerson reminded that on June 26, 2023, the Central Oregon Guardian Assistance Program (COGAP) presented to the Board regarding the need for pro bono and low-cost guardian services to assist persons experiencing health - related crises. At that time, the Board indicated support for COGAP's request of a one-time appropriation of $100,000 to help establish a program to train new guardians to facilitate better patient outcomes. Emerson said Finance has identified General Funds as an eligible source of one- time funding to COGAP. A draft resolution has been prepared that would reduce contingency within the General Fund and increase Grants and Contributions by $100,000. Responding to Commissioner Chang regarding COGAP's vision for long-term operating funds, Megan Horner said the organization anticipates a large demand for guardian services from those who can't afford them and plans to offer a sliding scale fee service for paid fiduciary services. COGAP will also seek grants from other sources. ADAIR: Move approval of Resolution No. 2023-046, increasing appropriations and transferring contingency within the General Fund and the 2023- 24 Deschutes County Budget for the purpose of appropriating $100,000 to the Central Oregon Guardian Assistance Program CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING JULY 19, 2023 PAGE 4 OF 9 9. Oregon Health Authority Medicaid Administration Reimbursement Anne Kilty, Program Manager, explained that this agreement with Oregon Health Authority will allow the County to be reimbursed up to $2,800,000 in Medicaid funding for health care coordination (the perinatal care coordination team, visiting nurses and other ongoing care activities) and various medical assistance - related administrative activities. Funding will be received over a five-year period from July 1, 2023 to June 30, 2028. Commissioner Chang asked to know how many people are served with perinatal care and support in a year. ADAIR: Move approval of Chair signature of Document No. 2023-702, an intergovernmental agreement with the Oregon Health Authority to receive Medicaid reimbursement funding CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 10. FY 2024 Q1 Discretionary grant application review Stephanie Robinson, Administrative Analyst, presented applications submitted to the Deschutes County Discretionary Grant program for the Board's consideration of Video Lottery fund allocations. The Commissioners specified allocations for the first quarter of the 2023-24 Fiscal Year. OTHER ITEMS: None EXECUTIVE SESSION: At 10:08 am, the Board entered executive session under ORS 192.660 (2) (d) Labor Negotiations. The Board moved out of executive session at 10:31 am to direct staff to proceed as discussed. The meeting was recessed at 10:31 am and reconvened at 1:00 p.m. ACTION ITEMS continued 12. Public Hearing to consider proposed amendments to Deschutes County Code specific to prohibitions on camping on county -owned property BOCC MEETING JULY 19, 2023 PAGE 5 OF 9 Dave Doyle, County Counsel, reviewed Sheriff Shane Nelson's proposal to amend Deschutes County Code to address camping on public property. Doyle explained that camping on public property could be disallowed only if the County identified alternate sites where people could shelter. Until that is done, the County cannot restrict persons from camping on public land. Commissioner DeBone clarified that the proposal put forth by Sheriff Nelson differs from the alternate proposal from County Legal. He distinguished the former proposal from the latter, noting that both of them would establish a new chapter 11.04 titled "Public Use" in Deschutes County Code. Commissioner Chang noted that Legal's proposed Chapter 11.04 addresses County - owned public property and not any other publicly -owned property such as federal land. Doyle explained that while the County cannot unilaterally impose rules on federal land, the federal government could grant the County the authority to conduct enforcement activity on federal property. Doyle described a precedence of this type of authority being granted which enables the County to enforce noise regulations at Elk Lake. Commissioner Chang asked what alternate shelter sites would include. Doyle said that while a great deal of guidance is not available, he expected that an alternate outdoor shelter would have, at a minimum, potable water, sanitation, and trash receptacles and collection. Commissioner Chang emphasized that the County cannot enforce a camping code without offering alternate sites for people to relocate to. He did not support establishing a campsite that had no rules, management or structure, as this would result in chaos and potentially dangerous situations. Doyle agreed that the standard of care would rise substantially if the County authorizes an alternate site for campers. Commissioner Adair said people need rules and need to be empowered, not enabled. She said chaos in the form of dangerous situations cannot be allowed. The public hearing was opened at 1:28 pm. Chair DeBone acknowledged the receipt of three emails on this subject from James Cook (transmitting signatures and comments from numerous others), Connie Peterson and Barbara Belzer. BOCC MEETING JULY 19, 2023 PAGE 6 OF 9 Responding to Commissioner Chang, Chair DeBone said Sheriff Nelson would not be in attendance for the public hearing. • Stella Larson described the proximity of her property to the China Hat encampments and expressed concern about roaming packs of dogs, environmental contamination, drug use, deer poaching, trespassing, theft, gunfire and fires. She supported the Sheriffs proposal of a buffer area between encampments and private property. • Helen Wehre said immediate action is needed to address encampments and stated her support for the Sheriffs proposal to disallow camps within one mile of private property. • John Heylin opposed the proposed changes to Code regarding camping, saying that over 70% of homeless people have a disability. He encouraged compassion and said a managed campsite could be located at the Fairgrounds. • Liz Goodrich said displacing people will harm them. She preferred that the County provide resources and assistance to homeless persons rather than expend funds in legal fees. Commissioner DeBone said the County has repeatedly sought permission from the State to site a managed camp outside of the UGB, so far without success. Commissioner Adair agreed that the County is working to get authority from the Governor's office to site managed camps, and said it is understood that some homeless persons will not go to high -barrier shelters. Commissioner Chang concurred that flexibility from the State is needed to site and host managed camps outside of city limits and the UGB. Joahannah Johnson-Wernberg said when considering encampments, it is vital to consider alternatives that address the root causes of homelessness. Johnna Pahlisch supported the Sheriffs ban on camping within one mile of private property, saying that China Hat used to have 150 campers but now has more than 500. Adding that the forest is now a dangerous place and no longer available for recreation, she said safe parking programs should be expanded. Commissioner DeBone agreed that the County needs leadership and help from its federal delegation to address unauthorized camping on federal land. Kevin Guadagno spoke to the growing number of encampments in China Hat and said criminal activity such as sexual assaults and drug dealing is happening along with environmental degradation of the land. Brooks Larson expressed support for the boundary limits proposed by the Sheriff. BOCC MEETING JULY 19, 2023 PAGE 7 OF 9 • Alan Aronson said encampments pose huge dangers and supported the proposal to move campers a mile away from private property. • Ed Murrer supported the Sheriff's initiative. He encouraged the establishment of managed camps and trespassing those who will not abide by rules. • Ruth Mock said the situation in China Hat is chaos and agreed it is unfair that some people do not have to follow laws. • Matthew Miller supported the Sheriff's proposal of a one -mile buffer from private property and encouraged the pursuit of an agreement with the federal government to enforce this provision on BLM land. • Robert Fish commented that the issue of homelessness is complicated and said the City of Bend should manage the problem it is creating by attracting homeless persons. • Jennifer Lingard said it is better to have a legal battle than the entire county blowing up or burning down. • Sarah Ladwig supported the camping ban and said it would be much better to implement this than risk bad things happening to innocent people. • Chris Hardy supported the Sheriff's proposal as well as people who are trying to help the homeless population. He agreed there must be accountability. • Linda Murrer said the highest percentage of disability in the homeless population is drug or alcohol addiction. She supported Sheriff Nelson's proposal as well as its enforcement on federal property. • Allison Eilerman said compassion is helping people get their lives back on track and live in a sanitary environment, and it is not compassionate to allow drug use. She supported the Sheriff's proposal. • Chuck Hemingway said the Point in Time count shows that most of the homeless people in the county are from here. He did not support the Sheriffs proposal. • Sandi Baxter said she lives near China Hat and has personally been threatened by fires and gunfire. The public hearing was closed at 2:38 pm. Commissioner DeBone commented on the effects from the pandemic, rising housing costs and fentanyl. He supported having the Sheriff work with the federal government to obtain authority to enforce to enforce camping restrictions on federal land. Commissioner Chang said while something must be done, the County must be careful to take actions which are legally defensible and enforceable. He said a new camping code is only one piece of a comprehensive approach to homelessness. BOCC MEETING JULY 19, 2023 PAGE 8 OF 9 Commissioner Adair questioned how many homeless persons are in Deschutes County and said a managed camp is needed. She appreciated that the Sheriffs Office has assigned a deputy to work in China Hat full-time. Commissioner Chang said he would be willing to support the Code language proposed by County Legal, but not the Sheriffs proposal. Chair DeBone noted this will come back before the Board next week for possible action. OTHER ITEMS: The Commissioners discussed the Governor's response to the County's request for land use flexibility in siting a managed camp outside of the Urban Growth Boundary and directed the Coordinated Office on Houseless Response and the Central Oregon Intergovernmental Council to assist in drafting answers to the Governor's questions. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 2:56 pm. DATED this 1 l� day of �S� 2023 for the Deschutes County Board of Commissioners. ATTEST: 6 WV_'k fgd� RECORDING SECRETARY PATTI ADAIR, VICE CHAIR PHIL CHANG, COMMISSIONER BOCC MEETING JULY 19, 2023 PAGE 9 OF 9 --m mitting Wr1LLC11 UMUHICi1LS BLS PULL 01ILCSL1111U11y - I US; +' "INV If so, please give a copy to the Recording Secretary for the record. 13 1-4 SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETINGBEGINS I ES COG�� BOARD OF COMMISSIONERS MEETING DATE: July 19, 2023 SUBJECT: Agreements for vehicle leases for the use of the Sheriffs Office RECOMMENDED MOTIONS: 1. Move to authorize Captain Paul Garrison to sign Document No. 2023-705, a lease agreement with Bancorp for a Terradyne Gurkha MPV armored truck. 2. Move to authorize Captain Paul Garrison to sign Document No. 2023-706, a lease agreement with Bancorp for a 2023 PistenBully 100 Tracked Rescue Vehicle. BACKGROUND AND POLICY IMPLICATIONS: The Terradyne Gurkha is an armored vehicle. The armored rescue vehicles currently in use by the Sheriffs Office are essentially on loan through the federal LESO program and are limited by constraints relating to the use of, or repossession of such vehicles. The Gurkha is a needed addition to the DCSO's fleet for the purposes of SWAT and/or citizen rescue operations. The PistenBully 100 is a large, tracked vehicle that has sufficient space to transport first responders along with injured persons so they can be treated as they are being extracted from remote areas. This tracked rescue vehicle can also be used as a command vehicle for backcountry rescues such as avalanche burials or recoveries, two of which were experienced this year. Additionally, this tracked rescue vehicle can be used as an extraction vehicle to transport people during months of heavy snow and also to deliver food or medical supplies to remote areas. The vehicle can transport 911 radio technicians to and from radio tower sites for repair and maintenance of the emergency radio system in severe winter weather. Use of this vehicle significantly reduces liability risks because up to ten persons can be transported in one vehicle, versus needing to have personnel ride individual snowmobiles. This tracked rescue vehicle is to replace an existing tracked vehicle that can only carry three people with little to no cargo. The existing tracked vehicle is extremely high maintenance and unreliable as it requires a Sheriffs Office Automotive Technician to perform a lengthy inspection and make adjustments after every single use. The current tracked vehicle is unable to reach backcountry areas due to its design and is limited to shallow or groomed snow. According to the manufacturer, this new tracked rescue vehicle has a service life of 20-25 years. BUDGET IMPACTS: The lease for the Terradyne Gurkha will be paid with funds received from property taxes collected by the Countywide Tax District. The lease for the PistenBully 100 Tracked Rescue Vehicle will be paid from a combination of proceeds from the sales of older snowmobiles and funding from the Countywide Tax District. ATTENDANCE: Joe Brundage, Business Manager Pete Martin, Fleet Manager Lt. Ty Rupert, Search and Rescue i TO: Cary Colaianni CC: Captain Paul Garrison FROM: Pete Martin DATE: 12/16/2021 RE: Terradyne Gurkha I am requesting approval to move forward with leasing a 2021 Terradyne Gurkha MPV armored truck. The Sheriff s Office is wanting to lease/own two armored trucks, per our specifications, as two of the armored vehicles the Sheriffs Office currently utilize are granted to us from the LESO program. The future of this program is unknown so the likelihood of us having to surrender the two vehicles is highly probable. Last year, the Sheriff s Office had the opportunity to lease a used 2020 Terradyne Gurkha through The Bancorp. With detailed research into this vehicle, it was decided to move forward with the lease. Sheriffs Office SWAT has used this vehicle in many risky operations over the past 5 months. The team members are comfortable with this vehicle and are confident in its safety and handling. We have compared the performance and features of vehicles from two manufacturers of armored trucks, the Terradyne Gurkha MPV and Lenco Bearcat G3. There are several items about the Gurkha that satisfies sole source justification; The Gurkha and Bearcat are both built on a Ford F550 chassis. The Gurkha does not make chassis modifications during assembly, which maintains the full factory powertrain warranty. The Bearcat modifies its frame rails, exhaust, brake lines, driveshaft and fuel lines, which means it is not Federal Motor Vehicle Safety Standards (FMVSS) compliant. There have been several published articles regarding armor strength and projectile penetration of these two armored vehicles. In a head -to -head test, the Gurkha outperformed the Bearcat resulting in zero penetrations, which supports the Gurkha's rated arnior level of NIJ IV and a transparent armor rating of CEN B7. 0 With the acquisition of a Gurkha, they also offer a 3-day operator and technician training. MASTER LEASE AGREEMENT MUNICIPAL The Bancorp Bank ("Lessor") with offices at 24437 Russell Rd. Ste. 220 Kent WA 98032 and the undersigned Deschutes County ("Lessee") with offices at 63333 Highway 20 West Bend Oregon 97703 hereby agree as follows: 1. Use of Lease. Lessee may finance Lessee's acquisition of vehicles (with all accessories, individually a "vehicle" and collectively 'Vehicles") under this lease. When Lessee wishes a vehicle to be covered hereby, Lessee will advise Lessor and upon agreement as to the terms the vehicle will be ordered and delivered in accordance with Lessor's usual procedures, Lessee will accept a vehicle on delivery. Lessor will deliver to Lessee a Schedule reflecting the agreed terms, which Lessee will sign promptly and return to Lessor. 2. Lease Intended for Security. This lease is a "lease intended for security". Accordingly, Lessee grants Lessor a security interest in each vehicle, which will secure Lessee's obligations to Lessor hereunder and under any other agreement in favor of Lessor. Lessee shall insure that Lessee has vehicle ownership and that Lessor's lien is the sole lien against a vehicle, other than the lien for property and similar taxes not yet due. As between the parties, Lessee takes the vehicles, AS -IS AND WITH ALL FAULTS. Lessee acknowledges that Lessee's obligations hereunder will not be released or otherwise affected if Lessee has any problems with any vehicle or for any other reason. 3. Payments. The monthly payment shall be due on the tenth day of the month following delivery of the vehicie(s). Subsequent lease payments will be due on the (10'h) of each succeeding month up to and including the month during which the term expires for the vehicle, Lessee surrenders the vehicle to Lessor pursuant to the Termination Settlement paragraph or the Settlement Value thereof becomes due in accordance with the Loss or Destruction or Remedies paragraph, whether or not Lessor has rendered an invoice for any such payment. Any other amounts due hereunder will be payable upon demand. Upon payment of all amounts due under this lease as to a vehicle and the curing of any then defaults, Lessor will release Lessor's lien in the vehicle. Lessee will pay a late charge of $25 if any amount is not paid within 10 days of the due date and interest at 1.5% per month from the due date until paid on all amounts past due. 4. Tax Consideration. This lease is intended to provide Lessor (or its consolidating entity) (a) tax free interest as provided by the Internal Revenue Code of 1986, as amended ("the Code") without any loss of deductibility of carrying costs and (b) similar tax exempt and deductibility treatment to the extent so provided under the laws of the State of Florida, (the "State"). 5. Left blank intentionally. 6. Non -Appropriation. If no funds or insufficient funds are appropriated in any fiscal year for lease amounts due as to any vehicle and under law Lessee has a right to terminate this lease as to the related vehicle because of such non -appropriation, Lessee shall immediately notify Lessor of such occurrence, and this lease shall terminate as to such vehicle on the last day of the fiscal period for which appropriations were received, without penalty or expense to Lessee except as to related amounts herein for which funds shall have been appropriated and budgeted or are otherwise available and past due amounts and damages because of Lessee's default hereunder. Upon such termination, Lessee shall peaceably surrender possession of the vehicle to Lessor at a location contemplated in the Termination Settlement paragraph. Lessor shall have all legal and equitable rights and remedies to take possession of the vehicle, Lessee agrees (a) that it will not cancel this lease if any funds are appropriated to it, or by it, for the acquisition, retention, or operation of another vehicle performing functions similar to the vehicle for the fiscal period in which such termination occurs or the next succeeding fiscal period thereafter and (b) that Lessee shall not give priority in the application of funds to any other functionally similar property. 7. Titling; Registration. Except as Lessor may title or register a vehicle, each vehicle will be titled and/or registered by Lessee as Lessor's agent and attorney -in -fact with full power and authority to register (but without power to affect title to) the vehicle in such manner and in such jurisdiction or jurisdictions as Lessor directs. Lessee will promptly notify Lessor of any necessary or advisable re -titling and/or re -registration of a vehicle in a jurisdiction other than the one in which such vehicle is then titled and/or registered. Lessee will use reasonable efforts to cause any and all documents of title will be furnished or caused to be furnished Lessor by Lessee within sixty (60) days of the date any titling or registering or re -titling or re -registering, as appropriate, is directed by Lessor. 8. Other Duties Regarding Vehicles. Lessee will file all returns and pay all taxes related to each vehicle or this lease. Lessee will use a vehicle in accordance with all laws and manufacturer's and insurance company instructions. Each vehicle will be permanently garaged, and not removed from that state for more than thirty (30) days or the United States, at the vehicle location set forth in the applicable Schedule A, unless Lessor consents to Lessee's movement of the vehicle. Lessee will maintain each vehicle in good condition and repair, pay all costs of operation and not make any detrimental additions or modifications. Lessee will allow Lessor to inspect any vehicle and Lessee's related records upon reasonable prior notice. Page 1 of 3 (Rev. July, 2018) 06/11/2021 9:09 AM 9. Assignment. Lessee will not sell, transfer, lend, lease or grant a further lien in any vehicle. Lessor may assign Lessor's rights hereunder, and if Lessee receives notice of an assignment, Lessee will pay any assigned amounts as directed in the notice. ANY ASSIGNEE'S RIGHTS WILL BE FREE OF ANY CLAIMS LESSEE MAY HAVE AGAINST LESSOR. 10. Loss or Destruction. Lessee will notify Lessor of any significant damage to or the loss or destruction of vehicle. If Lessor determines the vehicle is repairable or may be replaced, Lessee will promptly repair or replace the vehicle. Otherwise Lessee will pay Lessor the sum (the "Settlement Value") of (a) all amounts then owed by Lessee to Lessor, (b) the amortized depreciated value of the original value of the vehicle set forth in the Schedule and (c) sum of two (2) rent payments. Upon such payment, Lessee's payment obligations as to the vehicle will be satisfied, 11. Insurance; Indemnity. Lessee will maintain physical damage insurance on the Vehicles. Lessee shall also provide liability insurance of at least $600,000 single limit. The insurance must be primary, list Lessor as loss payee and, if relevant, an additional insured, provide Lessor at least 10 days' notice of change or cancellation and be issued by an insurance company acceptable to Lessor. Lessee will provide Lessor such evidence of this coverage as Lessor may request. Lessee can self -insure for physical damage coverage and liability up to the state limit. Lessee also agrees to indemnify, defend and hold Lessor harmless against all claims, suits, losses, damages and expenses, including attorney's fees and court costs, incurred by or asserted against Lessor arising out of the Vehicles or this lease. This indemnity includes strict and vicarious liability. 12. Termination Settlement. If the term of the lease exceeds twelve (12) months, at any time after twelve (12) months from delivery of a vehicle Lessee, upon not less than ten (10) days prior notice to Lessor and provided the lease is not in default, may surrender the vehicle to Lessor at Lessor's office address shown above or at a location mutually agreed upon by the parties for sale by Lessor as more fully set forth above. Lessee will so surrender the vehicle at such location for such sale at lease expiration. Following such surrender Lessor will sell the vehicle through Lessor's standard wholesale sales procedure for the highest bona fide bid received and open at time of sale, provided that Lessor may choose alternatively to retain the vehicle. Lessor may move the vehicle from the location where surrendered to any other location, including to Lessor's office location shown above where the vehicle is returned to another location, Lessor deems advisable and/or clean and repair the vehicle in connection with such sale in Lessor's sole discretion. If the amount received by Lessor on account of such sale or the highest bona fide bid received and open at time of crediting where the vehicle is retained, as appropriate, net in either instance of a handling charge of $150.00 and Lessor's cost of sale, including sales commissions and costs of cleaning, repairing or transporting the vehicle, is greater than the vehicle's then Settlement Value, Lessee will have no settlement obligation to Lessor as to the vehicle and the excess will be returned to Lessee after application to any amounts then owed by Lessee to Lessor, if less, Lessee will pay Lessor the difference. Alternatively, if the lease is not in default, Lessee may pay the Settlement Value and retain the vehicle free of Lessor's lien. 13. Default. If (a) Lessee fails to make any payment due hereunder within 10 days of the due date, (b) Lessee breaches any of its other obligations hereunder or under any other agreement under which Lessee has obligations to Lessor, (c) any warranty or representation made by Lessee to Lessor is materially incorrect or misleading when made, (d) there is a cessation of Lessee's governmental functions, or (e) insolvency proceedings are instituted by or against Lessee, this lease will be in default. 14. Remedies. If a default occurs, Lessor may (a) declare the Settlement Value due as to any or all vehicles, (b) exercise all rights of a secured creditor under the Uniform Commercial Code, (c) perform any obligation Lessee has failed to perform, in which case Lessee will reimburse Lessor's related costs and expenses, and (d) exercise any other rights available to Lessor under law or equity. Lessee will pay Lessor all costs and expenses, including repossession and court costs and attorneys' fees, Lessor expends in enforcing its rights. All remedies are cumulative and may be exercised separately or together from time to time. No waiver by Lessor of any default or remedy will be binding unless acknowledged by Lessor in writing. 15, Lessee's Representations. Lessee represents that this lease has been duly authorized, executed and delivered by Lessee and constitutes Lessee's valid and binding obligation enforceable in accordance with its terms. Lessee also represents that this lease does not violate Lessee's charter documents, any agreement by which Lessee is bound or any law or obligation binding on Lessee and that Lessor's lien rights are governed by the Uniform Commercial Code. 16. Notices. Any notices relating to this lease must be in writing and will be effective when deposited in the United States Mail with proper first class postage paid, addressed to the appropriate party at the respective address indicated above or at such other address of which the party has provided the other notice as contemplated in this paragraph. 17. General Provisions. Any security deposit set forth in a Schedule A will be held by Lessor without interest and may be applied by Lessor to any of Lessee's past due obligations hereunder. Any balance remaining will be returned to Lessee upon payment of all amounts due under this lease as to the relevant vehicle and the curing of any then defaults. Lessee will provide Lessor any further documents and information Lessor may request in connection with this lease. This lease binds the parties and their successors and assigns and constitutes the entire agreement between the parties respecting the vehicles. Any amendment must be in writing signed by the party to be bound. Any unenforceable provision shall be deemed deleted without affecting the remainder of the lease. This lease will be governed by Florida law. Paragraph headings are for convenience only. Time is of the essence of this lease. The parties waive any right to a jury trial in any related action. Any waiver must be in writing. Page 2 of 3 (Rev. July, 2018) 06/11/2021 9:09 AM 18. Bank -Qualified Tax Designation. ❑ Initial box if this paragraph applies. Lessee certifies that Lessee and any subordinate entities does not expect to, and will not issue more than $10,000,000 of obligations the interest on which is excludable from the gross income of the holder thereof for federal income tax purposes during any calendar year in which a vehicle is accepted under this lease. Lessee will designate the obligations undertaken pursuant to this lease with respect to all vehicles covered hereby as "qualified tax exempt obligations" within the meaning of §265 (b)(3)(D) of the Code. Lessee agrees to take all actions required of Lessee for Lessor to have, and not to take any action which would preclude Lessee from having, available such treatment, including, without limitation, filing of an IRS Form 8038-G. If Lessor (a) loses the right to claim, does not have or does not claim (based upon the advice of the Lessor's tax counsel) such exclusion of interest or deductibility or (b) if there is disallowed, deferred or recaptured, in whole or in part, any such tax free interest or deductibility for any reason (unless due solely to Lessor's failure to claim the tax free interest or deductibility on a timely basis in the absence of such advice) or (c) there is after the date hereof any change in federal, state, local or foreign tax law or tax rates which Lessor calculates has the direct effect of reducing Lessor's net after tax return respecting this lease (any of the foregoing constituting a "Loss"), then Lessee shall pay to Lessor, on demand, an after tax amount which after payment of all taxes, interest and penalties required to be paid by Lessor, restores Lessor to the same net after tax position Lessor would have enjoyed had such Loss not occurred. Upon Lessor's being notified by any tax authority of a potential Loss, Lessor will notify Lessee promptly thereof. Lessor agrees to exercise in good faith Lessor's best efforts, as determined in the sole discretion of Lessor's tax counsel to be reasonable for Lessor, to avoid Lessee's payment of such additional amounts; provided that Lessor has sole discretion as to proceeding beyond the level of an auditing agent; and Lessor shall not take any action unless Lessee shall indemnify Lessor in advance for all costs and expenses to be incurred, including accountants' and attomeys' fees. By signing below. Lessor and Lessee agree the terms of this lease will govern Lessor's financing of Lessee's acquisition of the vehicles. Dated: 06111 /2021 LESSEE Deschutes County Signature Title ADDRESS 63333 Highway 20 West, Bend OR 97703 Signature Title Signature w ['�� Title cka-,Af'r7 Signature Title Signature Title LESSOR T�rp an/k� Signature r / Title (0 //— _ Page 3of3 (Rev. July, 2016) 06/11/2021 9:09 AM rcrr�A��.►nc Anrmv�c� IvcE,rrc�cs Inc. 1-402 Mulock Drive, Newmarket, Ontario, Canada OY 9EI8 T +1 905 895-1010 1 F +1 905 853 2289 1 E info@terradyneinc.com 2020 MPV Demonstrator 2020 Ford F550 4x4 (US spec & title) - 6.71. diesel / 10- speed transmission - 145 inch wheelbase - NIJ IV & UL10 (.50 cal) opaque & transparent armor 2.5 inch thick transparent armor - Rotating roof hatch with gun port & adjustable operator stand Exterior color: OD Green - Reverse camera & proximity sensors - Remote power door locks - 2000W power inverter - Power operable ram - Driver & passenger side external storage cabinets Battery charger with auto eject - 2 x LED remote control search lights - Power adjustable driver seat - NIJ III power operable skip shield - 6 door configuration - 11 gun ports Including roof hatch - Front and rear AC & heat - Front differential lock Side facing bench seats in the back - 2 x rear facing jump seats - Seats 10 in total - Hutchinson Defense WA-1090 wheels with run flats - Michelin 335/801120 tires - Fox Defense shocks - Front hood mounted camera - Soundoff Signal blueprint emergency lighting system with 200 watt siren - Front & rear wig wags - Blackout switch for all exterior lighting - Provision for roof mounted thermal / color camera Peter Martin From: Lucus Witzke <lucus.witzke@terradyneinc.com> Sent: Friday, March 5, 2021 9:50 AM To: Peter Martin Subject: RE: Phone Call Attachments: Rental Purchase.xlsx; MPV Quote K672A.xlsx [EXTERNAL EMAIL] Pete, Good morning. Attached is an excel spreadsheet listing 36,48 and 60 month rental purchase terms based on the 2020 MPV demonstrator. The MPV demonstrator is $295,800 as configured new and the price is reduced to $281,010 considering it is lightly used (currently 5,000 miles on the odometer). I spoke to our president this morning and he did list a couple conditions if DSCO or any other agency was interested in purchasing it in the near future. - We would want to keep the vehicle until mid July 2021 for a commitment to display at the FBINAA conference in Orlando. - Shipping is not included Also attached is quote #K672A for a new MPV build. The MPV is quoted as a stripped down base model and you can configure the vehicle from a list of options (pages 4 — 5) as you see fit. The quote is also in excel so you can click the box next to the options you want and the total price will calculate on page 6. Lastly, I strongly recommend obtaining an open ended lease quote from The Bancorp. They offer terms up to 84 months which would reduce the monthly payment and their interest rate is more competitive than our program; They are in the lending business so I am starting to refer agencies to them now that I am aware they can offer a lease program for our vehicles. Please let me know if you have any questions. Thanks! Lucus FINANCE LEASE AGREEMENT - EQUIPMENT 1. This Finance Lease Agreement ("Agreerent" ), made as of the date set forth below, is by and between The Bancorp Bank, National Association ("Lessor") and Deschutes County Sheriff ("Lessee"), 2. LEASE. In consideration of the mutual covenants, terms and conditions hereinafter contained in this Agreement, Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to hire from Lessor, all of the machinery, equipment and other personal property, together with all components, parts, additions, accessories and attachments incorporated therein (all such property hereinafter collectively referred to as the "Equipment") described in the Equipment Lease Schedule or Schedules signed by Lessee (whether one or more, the "Schedule") and from time to time attached hereto and made a part hereof subject to the terms and conditions set forth in this Agreement and such Schedule or Schedules. 3. TERM. The term of the Lease as to any Equipment is set forth in the Schedule relating thereto; provided, however, that the Lease shall be effective from and after the date of Lessor's written acceptance of the terms, conditions and obligations of the Lease. As to any Equipment identified on a Schedule it shall cornmence on the date the Equipment identified on that Schedule is delivered to Lessee or Lessee's representative or on the day Lessor, at the instruction of Lessee, pays a dealer or supplier for that Equipment, whichever occurs first (the "Commencement Date"). 4. MONTHLY PAYMENT. Each month during the Term of the Lease of Equipment identified on a Schedule Lessee shall pay to Lessor, as rent for such Equipment, without any deduction or setoff and without prior notice or demand, the total monthly payment (the "Monthly Payment") specified in that Schedule. The Monthly Payment shall be paid on the tenth (101h) day of the month for each calendar month during the term of the Lease of that Equipment, The Lease evidenced by a Schedule is a net lease, and Lessee shall not be entitled to any abatement of rent or other payments due hereunder at, any reduction thereof under any circumstances or for any reason whatsoever. Lessee hereby waives any and all existing or future claims to any offset against the Monthly Payments due hereunder, and agrees to make the Monthly Payments regardless of any offset or claim which may be asserted In connection with the Lease of the Equipment. Monthly payments for any Equipment are to be paid in the manner and at the times specified in the Schedule related to that Equipment by mailing the same to Lessor at the Billing Address specified above. 5. LATE PAYMENTS. Time is of the essence of the Lease. In the event that any Monthly Payment or other sum due hereunder shall not have been paid within ten (10) days from the date on which it becomes due and payable, Lessor may collect, and Lessee hereby agrees to pay, a delinquency charge in the amount of $5.00 or five (5) percent per month of the arnount in arrears for the period such amount remains unpaid, whichever is greater. In the event that Lessee is in default and this Lease is placed for collection in the hands of an attorney who is not a salaried employee of Lessor, Lessee agrees to pay Lessor's attorney's fees plus court costs. 6. LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants that; (a) If Lessee is a corporation or other legal entity, Lessee has the authority and power to lease the Equipment from Lessor under this Agreement, is duly organized, existing and in good standing under the laws of the state of its incorporation or charter and is duly qualified as a foreign corporation or company authorized to transact business in, and is in good standing under the laws of, each other state in which the Equipment is to be located. (b) If Lessee is a corporation or other legal entity, the leasing of the Equipment from Lessor by Lessee, the execution and delivery of this Agreement, one or more Schedules, and all related instruments and documents, and compliance by Lessee with the terms hereof (i) have been duly and legally authorized by appropriate action taken by Lessee; and (ii) are not in contravention of, and will not result In a breach of, any of the terms of Lessee's articles of incorporation, by-laws, charter or partnership agreement, or of any provisions relating to shares of the stock or other evidence of ownership of Lessee. (c) This Agreement and all related instruments and documents, when executed by the duly authorized officers, mernbers or partners of Lessee and delivered to Lessor, will constitute valid and legally binding obligations of Lessee, enforceable against Lessee in accordance with the terms thereof. (d) Lessee hereby agrees to furnish promptly to Lessor whatever financial statements of Lessee that Lessor may reasonably require at any time and from time to time. (e) Under the laws of the state(s) in which the Equipment Is to be located, the Equipment consists solely of personal property and chattels. The parties agree that in no event shall the Equipment be classified other than as personal property, in whole or in part, irrespective of its use or manner of attachment to real property. Lessee agrees to take all steps necessary to insure that the Equipment remains personal property at all times. 7. DELIVERY; INSPECTION AND ACCEPTANCE BY LESSEE. Each item of the Equipment identified on a Schedule shalt be delivered to Lessee at such place as shall be mutually agreed upon between Lessor and Lessee. Wilhin 48 hours of the arrival of the Equipment, Lessee will cause an inspection of the Equipment to be made and, if the same is found to be in good order and in compliance with the provisions of any applicable purchase order(s), Lessee shall accept delivery of the same and shall execute Page i of 6 (Rev. October, 2022) 03106/202312:01 PM and deliver to Lessor a receipt and acceptance thereof in form and substance satisfactory to Lessor setting forth a complete description of the item or items of Equipment thus delivered and accepted; whereupon as between Lessor and Lessee, the same shall be deemed to have been finally accepted by Lessee pursuant to this Agreement and such Schedule. 8. RISK OF LOSS. Lessor shall not be liable for loss or damage occasioned by any cause, circumstance or event of whatsoever nature, including, but not limited to, failure of or delay in delivery, delivery to wrong place, delivery of improper equipment or property other than the Equipment, damage to the Equipment, governmental regulations, strike, embargo or other cause, circumstance or event, whether of like or unlike nature. All packing, crating, freight, express, cartage, installation, service, use, sales, excise and import charges, expenses and taxes, recordation and titling fees and charges, and all other charges, expenses and taxes incurred in connection with Lessor's purchase of the Equipment and the shipment, delivery and installation and servicing of the Equipment by the manufacturer or supplier thereof or by any other party shall be the responsibility of Lessee and may, at the sole option of Lessor, be either included in the calculation of the total Monthly Payments due under the Lease or expended in which case the amount due shall be due and payable with the next Monthly Payment. 9. IDENTIFICATION OF EQUIPMENT. Lessee shall cause each principal item of Equipment to be continuously marked, in a plain, distinct and conspicuous manner, with the name of Lessor followed by the words "Owner and Lessor," or other appropriate words designated by Lessor, with appropriate changes thereof and additions thereto as from time to time may be required in order to protect the title of Lessor to each item of the Equipment and its rights under the Lease. Lessee will not place any item of Equipment in operation or exercise any control of dominion over the same until such name and words shall have been so marked thereon and will replace promptly any such narne or words which may be removed, defaced or destroyed. 10. USE AND MAINTENANCE. Lessee shall not use the Equipment or allow it to be used in contravention of any law, governmental regulation or applicable insurance policy, and will not change the location of any Equipment as specified in the related Schedule without the prior written consent of Lessor. Lessee, at its own expense, will keep and maintain, or cause to be kept and maintained, the Equipment in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use thereof alone excepted, and will provide all maintenance and service and make all repairs necessary for such purpose. In addition, if any parts or accessories forming part of the Equipment shall from time to time become worn out, lost, destroyed, darnaged beyond repair or otherwise permanently rendered unfit for use, Lessee at its own expense, will within a reasonable time replace such parts or accessories, or cause the same to be replaced, by replacement parts or accessories which are free and clear of all liens, encumbrances or rights of others and have a value and utility at least equal to the parts of accessories replaced. All equipment, accessories, parts and replacements for or which are added to or become attached to the Equipment which are essential to the operation of the Equipment or which cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value and utility which the Equipment would have had without the addition thereof, shall immediately become the property of Lessor, and shall be deemed incorporated in the Equipment and subject to the terms of this Lease as originally leased hereunder. Lessee shall not make any material alterations to the Equipment without the prior written consent of lessor. Lessor shalt have the right at any reasonable time to inspect the Equipment and all maintenance records with respect thereto, if any, and observe the use of the Equipment. 11. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IDENTIFIED ON ANY SCHEDULE HAS BEEN SELECTED BY LESSEE AND PURCHASED BY LESSOR AT THE REQUEST OF LESSEE, LESSOR HEREBY EXPRESSLY DISCLAIMS AND MAKES TO LESSEE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; THE DESIGN OR CONDITION OF THE EQUIPMENT; THE QUALITY OR CAPACITY OF THE EQUIPMENT; THE WORKMANSHIP OF THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING THERETO; AND ANY GUARANTY OR WARRANTY AGAINST PATENT INFRINGEMENT OR LATENT DEFECT, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee, Lessor is not responsible or liable for any direct, indirect, incidental or consequential damage to or loss resulting from the installation, operation or use of the Equipment or any products manufactured thereby. All assignable warranties made by the manufacturer or supplier to Lessor are hereby assigned to Lessee for and during the term of the Lease and Lessee agrees to settle all such claims directly with the manufacturer or supplier. Any such claim shall not affect in any manner the unconditional obligation of Lessee to make Monthly Payments hereunder. 12. FEES AND TAXES. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, including but not limited to, sales, use and personal property taxes, but excluding, however, all taxes on or measured by Lessor's income. 13, TITLE. Title to the Equipment shall at all times remain in Lessor, and Lessee shall have no right, title or interest therein except as expressly set forth herein. The parties intend that the Equipment shall remain personal property, notwithstanding the manner in which it may be affixed to any real property, and Lessee shall obtain for Lessor, not less than five (5) days prior to the scheduled delivery date of the Equipment and, where appropriate; cause to be recorded at its own expense, from each landlord, owner, mortgagee or any person having an encumbrance or lien on the property where the Equipment is to be located, waivers of any lien, encumbrance or Interest which such person might have or hereafter obtain or claim with respect to the Equipment. Lessee further agrees to maintain the Equipment free from all claims, liens and legal processes of creditors of Lessee and will defend, at its own expense, Lessor's title to the Equipment from such claims, liens or legal processes. Lessee shall also notify Lessor immediately upon receipt of notice of any lien, attachment or judicial proceeding affecting the Equipment in whole or In part. 14. INSURANCE. Lessee shall keep the Equipment insured against all insurable risks of loss or damage from every cause whatsoever Page 2 of 6 (Rev. October, 2022) 03/06/2023 12:01 PM for not less than the full replacement value; and Lessee shall also carry public liability insurance, both personal injury and property damage, covering the Equipment with a single limit of not less than $300,000 per occurrence. All said insurance shall be in form and amount and with companies satisfactory to Lessor. Any such insurance coverage shall not be subject to any co-insurance clause. All insurance for loss or damage shall provide that losses, if any, shall be payable to Lessor, and Lessor shall be named as an additional insured with respect to all such liability insurance. Lessee shall pay when due the premiums therefor and deliver to Lessor the policies of Insurance or duplicates thereof, or other evidence satisfactory to Lessor of such Insurance coverage. Each insurer shall agree, by endorsement upon the policy or policies issued by it or by independent instrument furnished to Lessor, that: (a) It will give Lessor thirty (30) days' prior written notice of the effective date of any material alteration or cancellation of such policy. (b) The coverage of Lessor shall not be terminated, reduced or affected in any manner regardless of any breach or violation by Lessee of any warranties, declarations or conditions of such insurance policy or policies. The proceeds of such insurance payable as a result of loss or damage to the Equipment shall be applied, as required by the provisions of Section 15 hereof (i) toward the replacement, restoration or repair of the Equipment which may be lost, stolen, destroyed or damaged; or (ii) toward payment of the obligations of Lessee hereunder, Lessee irrevocably appoints Lessor as Lessee's attorney -in -fact to make claims and receive payment therefor, and execute and endorse all docurents, checks or drafts received in payment for loss or damage under any of said insurance policies, but only to the extent the same relates to the Equipment. Lessee shall provide evidence satisfactory to Lessor as to due compliance with the insurance provisions of this Section 14 prior to Lessee's acceptance and use of Equipment. 15. LOSS AND DAMAGE. Lessee hereby assumes and shall bear the entire risk of direct and consequential loss and damage to the Equipment from any and every cause whatsoever, No loss or damage to the Equipment or any part thereof shall release or impair any obligations of Lessee under the Lease, which shall continue in full force and effect and shall be absolute during the Tenn hereof. However, that obligation may be discharged by Lessee paying to Lessor all the accrued but unpaid Monthly Payments due under the Lease, the present value of the Monthly Payments which would have become due for the duration of the Term of the Lease, plus the Reversionary Value of the Equipment as set forth in the related Schedule less the amount of any recovery actually received by Lessor from insurance or otherwise for such loss or damage. Lessee agrees that Lessor shall not incur any liability or any other damages resulting to Lessee by reason of any delay in delivery or any delay caused by any non-performance, defective performance, or breakdown of the Equipment, nor shall Lessor at any time be responsible for personal injury or the loss or destruction of any other property resulting from the Equipment. in the event of loss or damage of any kind whatsoever to any item of Equipment, Lessee, at the option of Lessor, shall, at Lessee's expense (reduced by the application of any insurance proceeds): (a) place the same in good repair, condition and working order; or (b) replace the same with like equipment of the same or equivalent make and of the same or later model and in good repair, condition and working order, and furnish Lessor with necessary documents to vest good and marketable title thereto in Lessor. 16. REDELIVERY. Upon the expiration or earlier termination of the Lease of any Equipment identified on a Schedule (or of any renewal thereof, if applicable), Lessee shalt, at its own expense, return the Equipment to Lessor to such location and in such manner as Lessor shall specify, in the same condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use thereof alone excepted, and free and clear of all liens, encumbrances or rights of others whatsoever except liens or encumbrances resulting from claims against Lessor not relating to the ownership of such Equipment. In the event that upon return of the Equipment to Lessor repairs are made necessary, in the reasonable opinion of Lessor, to place the Equipment in the condition required under this Section 16, Lessee agrees to pay the reasonable costs of such repairs and further agrees to pay Lessor reasonable rent for the period of time reasonably necessary to accomplish such repairs. 17. INTENT. It is the express intent of the parties that this Agreement constitutes a finance lease and in no event shall this Agreement and the Schedule or Schedules be construed as a sale of the Equipment. By virtue of the Lease, Lessee shall acquire no ownership, title, property, right, or interest (or any option therefor) other than as may be expressly provided in the Schedule identifying the Equipment which grants a leasehold interest solely to Lessee subject to all the terms and conditions of this Agreement, 18. INDEMNITY. Lessee hereby assumes and agrees to indemnify, protect and save harmless Lessor, Its agents and employees from and against any and all losses, damages, injuries, claims, demands and expenses including legal expenses, or whatsoever kind and nature, arising on account of the ordering, acquisition, delivery, redelivery, Installation or rejection of the Equipment, the possession, maintenance, use, condition (including without limitation, latent and other defects and whether or not discoverable by Lessor or Lessee, and any claim in tort for strict liability) or operation of any item of Equipment, and by whomsoever used or operated, during the Tenn of the Lease and thereafter until such time as such item is redelivered to Lessor with respect of that itein of Equipment, the loss, damage, destruction, removal, return, surrender, sale or other disposition of Equipment or any item thereof, It is understood and agreed, however, that Lessor shall give Lessee prompt notice of any claim or liability hereby indemnified against and that Lessee shall be entitled to control the defense thereof. The obligations of Lessee under this Section 18, which accrue during the Term of the Lease, shall survive the termination of this Agreement. Page 3 of 6 (Rev, October, 2022) 03/06/2023 12:01 PM 19. EVENTS OF DEFAULT. Lessee shall be in default under the Lease upon the happening of any one or more of the following events or conditions ("Events of Default"): (a) Lessee refuses, without justification, to accept delivery of any Equipment identified on a Schedule; or (b) Lessee shall fail to make any Monthly Payment or any other payment thereunder within ten (10) days after the sarne shall have become due; or (c) Lessee shall fail to comply with the provisions of Section 14 hereof; or (d) Lessee shall fail to perform or observe any other covenant, condition or agreement to be performed or observed by it hereunder; or (e) If any writ or order of attachment, execution, or other legal process against Lessee is levied on any Equipment leased hereunder; or (f) If, in the sole discretion of Lessor, the financial condition of Lessee or any of Lessee's guarantors shall so change as to impair Lessee's ability to perform its obligations under the Lease or the ability of such guarantor to perform its obligations under such guaranty or if Lessor in good faith at any time deems itself to be insecure; or (g) Lessee shall be in default under any obligation for the payment of borrowed money to Lessor, for the deferred purchase price of property purchased from Lessor or for the payment of any rent under any lease agreement with Lessor covering real or personal property. Any waiver of an Event of Default by Lessor on one occasion shall not constitute a waiver of that default on another occasion or of any other Event of Default. 20. RIGHTS AND REMEDIES OF LESSOR. Upon the occurrence of any Event of Default and at any time thereafter, (subject to any applicable grace provisions), Lessor may without notice exercise one or more of the following rights and remedies, as Lessor in its sole discretion shall elect; (a) Declare all unpaid Monthly Payments then accrued or thereafter accruing, and any other payments under this Lease to be im- mediately due and payable; (b) Terminate the Lease as to any or all items of Equipment; (c) Take possession of and render unusable to Lessee any or all of the Equipment, wherever found, without any court order or other process of law (any such taking of possession shall not constitute a termination of the Lease as to such Equipment unless Lessor expressly so notifies Lessee in writing); (d) Use, hold, sell, lease or otherwise dispose of the Equipment or any item thereof at any location without affecting the obligations of Lessee as provided in the Lease; (e) Sell or lease the Equipment or any part thereof, at public auction or by private sale or tease at such time or times and upon such terms as Lessor may determine, free and clear of any rights of Lessee and, if notice thereof is required by law, any notice in writing of any such sale or lease by Lessor to Lessee not less than 10 days prior to the date thereof shall constitute reasonable notice to Lessee; (f) As security for Lessee's obligations hereunder, Lessee pledges to Lessor and grants to Lessor a security interest in and a right of set-off against all monies, deposits or other property of any kind, without limitation, owned by Lessee or In which Lessee has a joint or contingent interest and which are in Lessor's possession for any reason whatsoever; (g) Proceed by appropriate action either at law or in equity to enforce performance by Lessee of the applicable covenants of the Lease or to recover damages for the breach thereof; (h) Exercise any and all rights accruing to a Lessor under any applicable taw upon a default by a Lessee. (i) Confess judgment against Lessee as provided in Section 29. Lessor shall, in addition to the above, be entitled to receive from Lessee upon default, any and all damages which Lessor might suffer as a result of said default, including attorney's fees and 100% of such other expenses as are incurred in the rental, seizure, sale or reletting of the Equipment. A termination of the Lease of any Equipment identified on a Schedule shall occur only upon written notice by Lessor to Lessee and only with respect to such items of Equipment as Lessor specifically elects to terminate in such notice. Except as to such items of Equipment with respect to which there is a termination, the Lease shall remain in full force and effect and Lessee shall be and remain liable for the full performance of all its obligations hereunder. None of the rights and remedies under the Lease are intended to be exclusive, but each shall be cumulative and in addition to any other right or remedy referred to herein or otherwise available to Lessor at law or in equity. Any repossession or subsequent sale or lease by Lessor of any item of Equipment shall not bar an action for a deficiency as herein provided, and the bringing of an action or the entry of judgment against Lessee shall not bar Lessor's right to repossess any or all iterns of Equipment. LESSEE WAIVES ANY AND ALL RIGHTS TO NOTICE AND TO A JUDICIAL HEARING AS A CONDITION PRECEDENT TO THE REPOSSESSION OF EQUIPMENT BY LESSOR IN THE EVENT OF A DEFAULT HEREUNDER BY LESSEE. 21. ASSIGNMENT BY LESSOR AND LESSEE. Without the prior written consent of Lessor, Lessee may not by operation of law or otherwise (a) assign, transfer, pledge, hypothecate or otherwise dispose of the Lease or any interest therein or (b) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. For the purpose of providing funds for financing the purchase of Equipment, or for any other purpose, Lessee agrees (a) that Lessor may assign, sell or encumber all or any other part of the Lease, the Equipment and the Monthly Payments hereunder and (b) in the event of any such assignment of Monthly Payments hereunder and written notice thereof to Lessee, to unconditionally pay directly to any such assignee all Monthly Payments and other surns due or to become due under the Lease. THE RIGHTS OF ANY SUCH ASSIGNEE SHALL NOT BE SUBJECT TO ANY DEFENSE, COUNTER -CLAIM OR SET-OFF WHICH LESSEE MAY HAVE AGAINST LESSOR, Notwithstanding the foregoing, any such assignment (a) shall be subject to Lessee's right to possess and use the Equipment so long as Lessee is not in default under the Lease, and (b) shall be subject in all respects to the provisions Page 4 of 6 (Rev. October, 2022) 03/06/2023 12:01 PM of this Agreement which shall be controlling over any inconsistent provision. Subject always to the foregoing, the Lease inures to the benefit of, and is binding upon, the successors and assigns of the parties hereto. 22. LESSOR'S RIGHT TO PERFORM FOR LESSEE. if Lessee fails to perform or comply with any of its agreements contained herein, Lessor shall have the right, but shall not be obligated, to effect such performance or compliance, and the amount of any out-of- pocket expenses and other reasonable expenses of Lessor Incurred in connection with the performance of or compliance with such agreements, together with interest thereon at the maximum lawful rate on the date of payment by Lessor, shall be payable by Lessee upon dernand. 23. SECURITY INTEREST. Lessee hereby grants Lessor a security interest in the Lease and the Equipment to secure Lessee's payment to Lessor of the Monthly Payments due hereunder. Lessee hereby authorizes Lessor to file this Agreement, any financing statements or security agreements with respect to the Equipment or any collateral provided by Lessee to Lessor- prior to or following commencement of the Term of the Lease, in any state or states of the United States. Lessee further authorizes Lessor to file such Lease, financing statement or security agreement and, as Lessee's attorney -in -fact, to execute on behalf of Lessee any such financing staternent or security agreement. Lessee agrees to execute such supplemental instruments and financing statements if Lessor deems such to be necessary or advisable and shall otherwise cooperate to defend the title of Lessor by filing or otherwise. Lessee agrees to pay the costs of recording such instruments and financing statements. 24. NOTICES, All notices (excluding billings and communications in the ordinary course of business) hereunder shall be in writing, sent by certified mail, return receipt requested, addressed to the other party at its respective address set forth in the heading of this Agreement (for Lessor) or at the end of this Agreement (for Lessee) or at such other address as such party shall from time to time designate in writing to the other party; and shall be effective from the date of receipt, except for such by Lessor, which shall be effective from the date of mailing, 25. FURTHER ASSURANCES. Lessee will promptly and duly execute and deliver to Lessor such further documents, instruments, financing statements and assurances and take such further action as Lessor may from time to time reasonably request it) order to carry out the intent and purpose of the Lease and to establish and protect the rights and remedies created or intended to be created in favor of Lessor hereunder. 26. MISCELLANEOUS, This Agreement and all Schedules added hereto constitute the entire agreement between the parties with respect to the subject matter hereof and shall riot be amended or altered in any manner except by a document in writing executed by both parties. Each execution of a Schedule subsequent to any executed concurrently herewith shall constitute a reaffirmation of the terms and conditions hereof; in no event shall the execution of a subsequent Schedule constitute a waiver by Lessor of any preexisting default in the performance of the terms and conditions hereof. Any provision of the Lease which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The captions in this Agreement are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. 27. CONSTRUCTION; GOVERNING LAW. The Lease and the rights and obligations of the parties hereunder shall in all respects be governed by, and construed in accordance with, the laws of the State of Delaware, including all matters of construction, validity and performance, regardless of the location of the Equipment. The parties agree that any action or proceeding arising out of or relating to the Lease may be commenced in any court in the State of Delaware, and each party agrees that a summons and complaint commencing an action or proceeding in any such court shall be properly served and shall confer personal jurisdiction if served personally or by certified mail to it at its address designated pursuant hereto, or as it may provide in writing from time to time, or as otherwise provided under the laws of the State of Delaware. 28. SECURITY DEPOSIT. Lessee shall have paid to Lessor, either before or concurrently with the execution of the Lease, a security deposit as listed on the Schedule. This security deposit shall be hold by Lessor during the Term and any renewal Term, if applicable, of the Lease and applied, as required, to satisfy any obligations of Lessee hereunder not otherwise timely satisfied by Lessee. If Lessee is not then in default, upon the expiration or earlier termination of the Term or any renewal Term, if applicable (whichever is later), of the Lease, the balance of such security deposit then held by Lessor shall promptly be paid to Lessee. 29. CONFESSION OF JUDGMENT, THE UNDERSIGNED LESSEE, JOINTLY AND SEVERALLY, UPON OR AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT, DOES HEREBY EMPOWER THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OR ELSEWHERE TO APPEAR FOR THE UNDERSIGNED, OR ANY OF THEM, AND CONFESS A JUDGMENT OR JUDGMENTS AGAINST THE UNDERSIGNED OR ANY OF THEM IN LESSOR'S FAVOR AT ANY TIME AND FROM TIME TO TIME AFTER THE DATE HEREOF iN THE AMOUNT OF THE TOTAL AMOUNT OF LESSEE'S LIABILITY AS PROVIDED IN SECTION 20 HEREOF, WITH RELEASE OF ALL ERRORS AND WITHOUT STAY OF EXECUTION, AND INQUISITION AND EXTENSION UPON ANY LEVY ON REAL ESTATE IS HEREBY WAIVED AND CONDEMNATION AGREED TO AND THE EXEMPTION OF ALL PROPERTY FROM LEVY AND SALE ON ANY EXECUTION THEREON IS WAIVED, AND NO BENEFIT OF EXEMPTION SHALL BE CLAIMED UNDER OR BY VIRTUE OF ANY EXEMPTION LAW NOW IN FORCE OR WHICH MAY BE HEREAFTER ENACTED. THE AUTHORITY HEREIN GRANTED TO CONFESS JUDGMENT SHALL NOT BE EXHAUSTED BY AN EXERCISE THEREOF BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL FULL PAYMENT OF ALL OF SAID LIABILITY. iF A TRUE COPY OF THIS INSTRUMENT SHALL BE FILED IN ANY SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY AND ANY STATUTE OR RULE OF COURT TO THE CONTRARY IS HEREBY EXPRESSLY WAIVED. Page 5 of 6 (Rev. October, 2022) 03/06/2023 12:01 PM 30. NOTICE: THIS IS A FINANCE LEASE. YOU MUST READ THIS SECTION 30 BEFORE SIGNING. (a) Lessee acknowledges that Lessee has selected the person supplying the Equipment identified on each Schedule and directed Lessor to acquire the Equipment from that person for purposes of the tease; (b) Lessee acknowledges that Lessee is entitled to the promises and warranties provided to the Lessor by the person supplying the Equipment or by other persons that are provided to Lessor in connection with or as part of the contract by which Lessor acquired the Equipment; and (c) Lessee may communicate with the person supplying the Equipment to Lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of terms or of remedies. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed under seal as of the day and year first above written. Lessee acknowledges reading and consenting to the Confession of Judgment in Section 29 and reading the Notice in Section 30 prior to execution of this Agreement. Dated: 03/06/2023 LESSEE Deschutes County Sheriff ADDRESS 63333 W Highway 20 Bend, OR 97703 Title Signature- Title/44.AA146OQ Signature Title Signature Title Signature Title LESSOR The Bancorp Bank, National Association Signature Title Address for Notices (Lessor); The Bancorp Bank, National Association Legal Department 409 Silverside Road, Suite 105 Wilmington, DE 19809 Page 6 of 6 (Rev. October, 2022) 03/06/2023 12V PM EQUIPMENT SCHEDULE The following equipment is hereby added to the Equipment Lease Agreement dated 03/06/2023 , between The f3ancorp Bank, National Ass(x1atlon (formerly known as The Bancorp Bank) (Lessor) and Deschutes County Sheriff__ _ (Lessee) Customer # 12538 Unit # TBD Description of Equipment Leased Location 2023 PitsenBully 100 Snow Cat 63333 W Highway 20 Bend, OR 97703 Deschutes County Term & Frequency Base Payment Sales 1 Use Tax Total Annual Payment Billing Instructions: Additional Terms and Conditions: S Annual $79 417._55 $0.00 $79,817.55 Security Deposit Reversionary Value Interim Rent -- ..... $0.00, $1.00 $0.00 APPROVED AND AGREED TO this 10th day of March , 2023 as schedule to Equipment Lease dated the 6th day of March 2023 by and between the parties hereto, and made part hereof. LESSEE Deschutes County Sheriff Signature --�✓ Title h _. Signature Title Signature Title LESSOR The Bancorp Bank, National Association Signature Title Page 1 of 1 (Rev. January, 2023) 03/10/2023 8:48 AM CERTIFICATE OF ACCEPTANCE This Certificate of Acceptance relates to a certain Non -Cancellable Equipment Lease dated 03/10/2023 , between The Bancorp 13"'111k, National Association (Lessor) and Deschutes County Sheriff _ (Lessee). Pursuant to the lease, the undersigned lessee hereby certifies and agrees as follows: (1) The Goods to be teased that are described on the Lease Schedule have been delivered to the Lessee; (ii) The Goods have been inspected by authorized representatives of the Lessee; (iii) The Goods have been fully and finally accepted by the Lessee under the lease and have been found to be in good working order and to be the Goods described in the lease; (iv) Lessee has reviewed and approved the Purchase Order covering the goods. VENDOR TO BE PAID Kassbohrer All Terrain Vehicles, Inc, SEND CHECK TO 8850 Double Diamond Parkway Reno NV 89521 1) DIRECTLY TO VENDOR _ Z 2) OTHER The Bancorp Bank to send $35,000,00 Deposit to secure order. Total amount is $344,000.00. Dated: 03/10/2023 LESSEE Deschutes County sheriff Signature Title Signature_ �'Jj�-� Signature Title _.------- ---- Title Signature Title Signature Title Page 1 of 1 (Rev, October, 2022) 03110/2023 8:51 AM ,.. . s - - - � Proposal prepared exclusively for VASSCMUMS COOWTV - � y, . ... . . 2 !7 20 3 r�T,`;;:,�� -;_, ,.?`; ... ,.,�i ��;;r�� .I;:� i �� ,1C�, l�'�.�.,��sr�;;l lip �,��,: i, (j �;�i i �:, PistenBully 10 $337,000-00 Inc I wi.es... 825mm Rubber X-Tracks 8'4" wide 8 Man ROPS Certified Auxiliary Cabin Pod Cold Weather Package (engine block heater, hydraulic tank heater) Cummins 250 Horse Power QSB 6.7 liter Front and rear 2" receiver hitches Wired for 24 volt winch Aluminum storage box on passenger side of cabin Colin Hales Kassbohrer / PistenBully Northwest Regional manager 18460 SW 126th Place Tualatin, Oregon 97062 Office: (503) 783-1935 Fax: (503) 783-1936 Mobile- (503) 550-5941 chafes@pistenbullyusa.com http://www.pistenbully-com / Ati;6404)y C/�l KASSBOHRER ALL TERRAIN VEHICLES, INC. wTES CO o GA BOARD OF COMMISSIONERS MEETING DATE: July 19, 2023 SUBJECT: FY 2024 Q1 Discretionary grant application review RECOMMENDED MOTION: N/A BACKGROUND AND POLICY IMPLICATIONS: Each quarter, the Board of Commissioners reviews applications submitted to the Deschutes County Discretionary Grant program and makes awards accordingly. On July 19, 2023, the Board will consider requests made for activities to take place beginning or about the first quarter of 2023-24. BUDGET IMPACTS: Discretionary grants are made available through the Video Lottery Fund, which is supported by state lottery proceeds. Discretionary grant funds available during the first quarter were budgeted for FY 2023-24. ATTENDANCE: Stephanie Robinson, Administrative Analyst oi`rzZ{ BOARD OF COMMISSIONERS MEETING DATE: July 19, 2023 SUBJECT: Public Hearing to consider proposed amendments to Deschutes County Code specific to prohibitions on camping on county -owned property RECOMMENDED ACTION: Hold a public hearing and receive testimony relative to the proposed revisions to Deschutes County Code section 11.04. BACKGROUND AND POLICY IMPLICATIONS: Sheriff Nelson has asked that the County consider amendments to Deschutes County Code (DCC) section 11.04 specific to camping. Sheriff Nelson presented his proposal to the Board on June 7`h. At that time, the Board agreed to proceed with a public hearing to consider the proposed revisions. County Legal has also prepared separate revisions to address the issue of camping on county -owned property via an administrative policy. Following the public hearing, the Board will consider directing staff on whether to proceed with the proposed revisions to DCC 11.04. **Please note that the previous version of the first attachment, titled "DCSO Camping Code Recommendation 6.6.2023" has been replaced with an updated version titled "DCSO Camping Code Recommendation 7.13.2023"** BUDGET IMPACTS: Not known. ATTENDANCE: Admin Legal DCSO 11.04.06(TBD by BOCC) Camping on Publicly Owned land 1. Camping on publicly owned land is allowed with the restrictions provided in this County Code. A. Definitions The terms "camp", "campsite or "encampment" shall mean a location on publicly owned land within Deschutes County, where one or more tents, awnings, lean-tos, sleeping or bedding materials, cooking implements or materials, or other items or structures have been erected, constructed, or placed including vehicles and recreational vehicles, and appear to be used for human habitation, including but not limited to sleeping, preparing cooking or warming fires, storing personal belongings, and urinating or defecating. B. Restrictions on camping on publicly owned land within Deschutes County may be suspended during periods of extreme weather or other emergency situations. 2. Individuals who are camping are prohibited from camping on publicly owned land except as noted below, and are required to comply with these time, place and manner regulations. A. Time. Camping on publicly owned land where allowed is subject to a 14-day stay limitation. Campers must move no less than 2.5 miles from their original campsite at the conclusion of this 14-day limit. Enforcement of time restrictions may be suspended when an individual does not have access to shelter and when an individual is engaged in case management or behavioral health services, or when necessary or appropriate to respond to an individual's disability. B. Place. Camping is not allowed at any time in any of the following places: 1. In or one mile from the boundary of any private property line. 2. Camping on publicly owned land and open to the public within the county, within one mile of an Urban Growth Boundary on the Deschutes County Zoning Map in effect at the time, unless at a posted, designated and developed campground. (16 U.S.C. 551A provides that States or political subdivisions thereof, such as Deschutes County, shall retain their rights to exercise civil and criminal jurisdiction within or on lands which are a part of the national forest system. 43 CFR 8365.1-7 provides the same protections regarding Bureau of Land Management lands). 3. Any place where camping, a camp, or camp materials create a physical impediment to emergency or nonemergency ingress, egress, or access to property, whether private or public, or on public sidewalks or other public rights -of -way, including but not limited to driveways providing access to vehicles, and entrances or exits from buildings and/or other real property. 4. Camping on publicly owned land within 1000 feet of a school or park. C. Manner. Camping, when and where allowed, is subject to all of the following: 1. Open Fires are prohibited on publicly owned land within one mile of the Urban Growth Boundary and within one mile of private property lines, including campfires, charcoal fires, cooking fires and warming fires. 2. Local, State, and Federal fire regulations shall be followed. 3. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in public rights -of -way, on publicly owned land. 4. Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black water (i.e., sewage) into any facilities or places not intended for gray water or black water disposal is prohibited. This includes but is not limited to storm drains or onto open ground, which are not intended for disposal of gray water or black water. 5. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents and similar items used for shelter that are readily portable are not structures for purposes of this section. 6. Storage of personal property such as vehicle tires, bicycles or associated components (except as needed for an individual's personal use), gasoline, generators, lumber, household furniture, extra propane tanks, combustible material, lumber, or other items or materials is prohibited, other than what is related to camping, sleeping, resting or keeping warm and dry. 7. Vehicles used for camping purposes must be operational, i.e., capable of being started and driven under their own power, or ready to be towed if designed to be towed and may not be discarded or left inoperable in public rights -of -way or on publicly owned land. 8. Digging, excavation, terracing of soil, alteration of ground or infrastructure, or damage to vegetation or trees is prohibited. 3. A citation for a violation of this chapter will be a civil infraction (TBD by BOCC). 4. Campsites in violation of this ordinance will be addressed in accordance with the law. CHAPTER 11.04 PUBLIC USE 11.04.010 Purpose 11.04.020 Definitions 11.04.030 Policies 11.04.040 Justice Building; Searches 11.04.050 Road Closures 11.04.060 Prohibited Activities 11.04.070 Alienation 11.04.080 Violation; Penalty 11.04.010 Purpose Public use regulations are adopted for the purpose of protecting public property. HISTORY Adopted by Ord. 96-013 §2 on 512211996 11.04.020 Definitions For the purposes of DCC 11,04, unless otherwise apparent from the context, certain words and phrases used in DCC 11.04 are defined and as set forth in DCC 1.04 and DCC 11.04.020. "Alternate shelter" means an outdoor location that provides access for sleeping and/or camping through the use of a vehicle a recreational vehicle, a tent or some other structure which offers some protection from the outdoor elements. "Bed" means an item(s) utilized for sleeping. "Bedding" means the collective term for the articles which compose a bed. "Camping" means any form of sleeping or use of a bed to include bedding materials, whether outdoors or through use of a vehicle recreational vehicle, tent or other structure which can offer some protection from the outdoor elements. "Campsite" means the location where camping; is occurring. "Industrialland" means any County owned Feal prepeFty zoned fbr industFia J J "Park" means any County owned real property designated by resolution of the Board as a County park, pursuant to ORS 275.320. "Parking lot" means an area consisting of one or more parking spaces grouped. "Program Administrator" means the Board, the County Property and Real Estate Manager, Deschutes County department head or designees. "Public laces" means county -owned or controlled real property that is open and available for use by the public. It does not include "vacant county land" or any county -owned or controlled real property designated by the County Administrator as not open for public use, or as use limited. "Public service facility" means any real property that is owned or leased by County where public services are provided or conducted and shall include, but not be limited to, buildings, facilities, or real property which is fenced, enclosed or otherwise developed and any associated grounds. "Right of way" means the area between the boundary lines of a street, road or other public easement. "Shelter" means an indoor location that provides access for sleeping. "Sleeping" means sitting Iying and/or emploving rudimentary forms of protection from outdoor elements. "Vacant county land" means all County owned land which does not qualify as a "public place," "public service facility," "park" or "right of way." Unless specifically authorized by Order of the Board of Commissioners sleeping, camping taking shelter or takingalternate shelter is at all times prohibited on vacant county land. HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 2023-xxx §1 on DATE 11.04.030 Policies A. Real Property. Except as otherwise provided in this section 11.04. oPublic use of County --owned or controlled real property not including vacant county land, shall be limited to day use (dawn to dusk) except as permitted herein or otherwise permitted by adoption of resolution of the Board. 1. Any County owned real property leased by authority of the Board of Commissioners to other public agencies or private parties shall be governed by the terms and provisions of such leases. 2. County -owned or controlled real property may be posted closed, not open for public use or use limited,, upon direction off the County Administrator.GeUAty14-9-verby, 3. County shall not accept conveyance or transfer of real property except upon recording of a written acceptance from the Board of Commissioners. 4. Exclusive or other special use of County owned or controlled real property by private entities or other agencies shall only be granted pursuant to a written lease or license authorized by the Board of Commissioners. B. County Owned/Occupied Buildings. The open common areas of County public service facilities and other buildings occupied by County employees are open to members of the public who have business with County employees. However, these buildings are also places where County employees do their work. That work often involves sensitive and confidential issues. County employees require work areas that are quiet, free from unnecessary foot traffic and where they may discuss sensitive or confidential matters without being overheard by persons not employed by the County. 1. Each department or other program occupying a building shall where feasible, establish a waiting area which is, to the extent possible, located near the department or program receptionist and outside the department's or program's work area. Members of the public are to wait in this area until the person they are waiting to see is available. Each waiting area shall be clearly posted as such. 2. Areas other than open common areas and designated waiting areas are open to visitors by invitation only. County department heads and staff are responsible for their offices, and may request (or order) visitors to leave their offices at their discretion. County department heads and department support staff supervisors are responsible for support staff work areas, and may, in their discretion, ask visitors to leave those areas. C. Public Service Facilities. D. Parking Lots 1r: Public service facilities which provide services beyond the hours of dawn to dusk shall operate in a manner deemed appropriate by the Program Administrator. Public access may be restricted by the Program Administrator, on the basis of public safety or administrative efficiency to those areas deemed by the Program Administrator to be necessary for provision of the intended services. 2-.—County parking lots may be posted with time and use restrictions and unless otherwise posted. are not available for overnight use, to include but not limited to sleeping, camping or taking alternate shelther. Violations may be cited as authorized by this section 11.04. -The , whiGh shall double eaGh 24 hours up to feuF days, and whieh may be paid as a bai ferfeiture. if not paid at that time, a waFFant may be issued by the GiFewit GeuFt to HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 2020-005 §1 on 11112021 Amended by Ord. 2023-xxx §1 on DATE 11.04.040 Justice Building; Searches Except for on -duty law enforcement personnel, and individually designated county staff, every person entering through the public entrances of the Courthouse facility, District Attorney facility, Community and Juvenile Justice facilities, and all other Deschutes County Justice / Law Enforcement facilities, including any annex thereto, is subject to search of his or her possessions and must pass through metal detectors. HISTORY Adopted by Ord. 97-046 §1 on 61411997 Amended by Ord. 2020-005 §1 on 11112021 11.04.050 Read -Property Closures Where vacant cGounty property, not generally open for public use, is or has been used by automobiles, motorcycles and other off -road vehicles or bicycles for recreation, or for other purposes including sleeping camping or taking alternate shelter as defined in this section 11.04, and the County has a need to close and discontinue the property to these is uses, the County will notify the general public of the intent to close in a local paper of general circulation in addition to the notification procedures outlined in County Policy GA-##. The design of and the closure shall be in accordance with County Policy GA-2-3## and also the requirements of the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration, in terms of signing and barricading. Any person who refuses to leave after implementation of County Policy GA-## may be cited as authorized by this section 11.04. Permanent closures s4aflmay to the extent directed by the County Administrator, consist of appropriate berms, ditches and obliteration of existing roads. The closure design shall be in written form and approved by the County Engineer or County Traffic Engineer. In no case shall ropes or cables be used to close the road or area. HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 2023-xxx §1 on HATE 11.04.060 Prohibited Activities A Excepting for site -specific authorization by Order of the Board of Commissioners, nNo person shall construct, install, or -encroach sleep, camp, or obtain shelter or alternate shelter upon County —owned or controlled_ real propertyland. A-.B.No person shall sever, excavate, damage, vandalize, burn, litter, remove materials from or cause other site disturbing activity upon or to County_ owned or controlled real propertylar without obtaining an appropriate permit or license authorizing such activity, from the Read, Property Manager, Director of Road Department or Director of Solid Waste. O.C. No person shall cut or remove wood on or from County —owned or controlled real property except upon first obtaining a wood cutting permit from the County Property Manager or County Forester. C-.D.ExceptinR for site -specific authorization by_Order _of the Board of Commissioners, mMotor vehicles (operable and inoperable), including but not limited to R.V's, trailers and personal use vehicles, shall be limited to existing parking lots durine business hours. and operation on established roads. Motor vehicles are prohibited on dedicated public pedestrian/bicycle trails. O.E Discharge of firearms is prohibited in and on public service facilities and county -awned or controlled real property except as may be provided by Orderresaa "044 of the Board of Commissioners. &F. No person or group shall exclude any other member of the public from County --owned or controlled real property that is open far public useland, except as provided by lease, license or Orderfeselute.n ofb-the Board of Commissioners. F-.G. No person shall engage in any conduct in or on property where public services are provided which hinders, interferes with or prevents those employees from performing their duties. &H. -,No person shall smoke or carry any lighted or electronic smoking instrument in any Deschutes County --owned, controlled or occupied building, except as permitted by the Deschutes County Smoke Free Policy. HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 97-057 §1 on 101811997 Amended by Ord. 2020-005 §1 on 11112021 Amended by Ord. 2023-xxx §1 on DATE 11.04.070 Alienation Excepting conveyances signed by the County Property Manager upon written authorization of the County Commissioners or the County Administrator, no County --owned real property shall be sold, !eaCed, dedicated; licensed, donated, exchanged, encumbered or otherwise alienated except upon signature, authorization, order or ratification of the Board. HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 2020-005 §1 on 11112021 11.04.080 Violation; Penalty Any violation or failure to comply with any provision of DCC 11.047 may be prosecuted in Justice Court as a Class A violation or may be charged and prosecuted in Circuit Court as Trespass pursuant to ORS 164.205 et seq. , ' If imposed civil penalties are not timely paid upon application by the County a warrant may be issued by the Circuit Court to the violator. HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 2003-021 §24 on 41912003 Amended by Ord. 2023-xxx §1 on DATE c�J1 Es COG Deschutes County Administrative Policy No. GA-### Lj Effective Date: .2023 Removal of Unauthorized Encampments located on Vacant County -owned Property I. INTRODUCTION a. Deschutes County recognizes that people experiencing homelessness need a place to sleep, shelter themselves, and store belongings. The County is committed to the safety and security of all people in the County that access County -owned property that is open to the public including people experiencing homelessness, adjacent property owners, and the general public, while protecting vacant County -owned property from environmental threats, destruction, and unsafe and dangerous conditions and compliance with Stale land use laws. b. This policy outlines the process to remove an encampment located on vacant County -owned property that is not open to the public. PURPOSE a. In accordance with Oregon Revised Statute (ORS) 195.500 through 195.530, Deschutes County developed this policy to: 1. Recognize the social nature of the problem of homeless individuals camping on public property opened to the public; 2. Ensure the most humane treatment of "homeless individuals" when removing Personal Property from unauthorized encampments on vacant County -owned property that is not open to the public. DEFINITIONS a. For the purpose of this policy, the following definitions apply. 1. "Campsite or encampment" means a location on County -owned property where one or more tents, awnings, lean-tos, sleeping or bedding materials, cooking implements or materials, or other items or structures have been erected, constructed, or placed including vehicles and recreational vehicles, and that appear to be used for human habitation, including but not limited to sleeping, preparing cooking or warming fires, storing personal belongings, and urinating or defecating. 2. "Garbage" means items voluntarily left on vacant County -owned land for collection by a third party, or otherwise abandoned by its apparent owner, and items not reasonably recognizable as belonging to individuals and which have no apparent utility or are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination. Policy No. GA-## Removal of Unauthorized Encampments Located on vacant County -owned PropertyPage 1 of 5 DRAFT v1 3. "Notice or Notices" means any type of notice described herein that provides an encampment specific information about the closure of County -owned property to the public and how to remedy the issue by warning or removal of the encampment; see Example 3. 4, "Personal Property' means any item that is reasonably recognized as belonging to an individual and that has apparent utility. This may include camping equipment, bicycles, books, photographs, personal documents such as identification and social security cards, clothing, etc. 5. "Posting Notices" means law enforcement officials posting a written notice, in English and Spanish, at all entrances to the camping site to the extent that the entrances can reasonably be identified, pursuant to ORS 195.505, 6. "Removal of Personal Property" means the method the County will use to remove the encampment by use of contractors, county staff, community service or other resources as determined. 7. "Vacant County -owned property" means all County owned land which does not qualify as a "public place," "public service facility," "park" or "right of way" as they are defined in Deschutes County Code section 11.04.020. IV. OVERVIEW a. When the Deschutes County Property Manager (PM), County Administrator or public safety officials within the County,' identifies an issue at an unauthorized encampment on vacant County -owned land that is closed to the public, County at its sole discretion, may take steps to remove the encampment as outlined in this policy. c. Prior to issuing notice to an encampment, an Inter -Agency Land Management Notification (see attached for Notification 2 example) will be emailed to partner agencies and relevant community services providers. Notification 2 will be forwarded via email to the County Administrator, County Counsel, the Coordinated Houseless Response Office, Risk Management, Sheriffs Office designee and to the Board of County Commissioners. Notice may also be sent to adjacent and nearby property. owners. NOTICES a. In the event an unauthorized encampment has been identified, the County at its sole discretion, may issue the encampment an Emergency or 72-Hour Notice as provided by ORS 195.505. Under certain circumstances, a notice providing a different allotted time may be issued. b. The Notice will include the following and will be provided in English and Spanish (see attached example Notification 3): 1. Date of Notice Policy No. GA-## Removal of Unauthorized Encampments Located on Vacant County -owned PropertyPage 2 of 5 DRAFT v1 {Commented IKR11This notification system is from GA•23. if a property is deemed closed and the majority of Commissioners are in support of broad encampment removals this level of notification may not be necessary for this poNcy. 2. Type of Notice, e.g. Emergency, 72-Hour, or other 3. A description of the issue(s) identified 4. Request for the encampment to remove all Personal Property from the area by date noted 5. The process the County will use to remove Personal Property if all Personal Property is not removed by the deadline c. The Property Manager will provide law enforcement a copy of the Notice for posting and distributing at the encampment. d. Law enforcement will date the Notice before posting and will provide the Property Manager with a "return of service." e. The Notice must be posted at all entrances to the encampment site to the extent that the entrances can reasonably be identified, pursuant to ORS 195,505. f. At the expiration of the Notice period, but no later than twenty (20) days from the Notice expiration date and if Personal Property is still present at the encampment, the County will remove all Personal Property from the encampment with use of contractors, county staff, community service or other resources as determined. g. If the posted Notice is not present at the encampment on the date Personal Property is removed, copies of the original notice must be reposted at that time. VI. REMOVAL AND STORAGE OF PERSONAL PROPERTY a. Upon the expiration of an Emergency, 72-hour or other specified timeframe Notice was posted, the County at its sole discretion may proceed with removing Personal Property from the encampment's general vicinity. b. Personal Property within the general vicinity that was identified when the Notice was posted and provided to the encampment that has been relocated during the Notice period, may be removed by the County or its designee if it appears to be within 200 feet of the posted Notice. c. At the time the Personal Property is scheduled to be removed, the following must occur prior to removing any Personal Property from the area. 1. Photos must be taken showing the general condition of the encampment area before items are removed, including the major Personal Property items in the area including but not limited to bicycles, camping equipment, etc. I. Photos and other documentation should be kept at least two (2) years after the removal of the encampment. d. County staff, contractors or others as determined by the County, shall make a reasonable effort to engage owners of Personal Properly to determine what items are viable and when possible preserve that property for storage as described below. Personal Property that is considered viable should be placed on a tarp or other barrier and photos should be taken of the item(s). 1. hems should be arranged so that they are distinguishable from one another in the photos. 2. Bulky items such as blankets or clothing believed to be from the same tent or encampment may be piled on the tarp/barrier rather than spread out individually for the photos. 3. Large items such as a bicycle, tent, or furniture may be photographed without placing on a tarp/barrier. Policy No, GA-## Removal of Unauthorized Encampments Located on Vacant County -owned PropertyPage 3 of 5 DRAFT v1 Crews are not required to open boxes, bags or other containers to display items and contents. Non -bulky Items are placed in plastic bags and labeled for transport and storage. Bulky items are labeled for transport and storage. Labels must include: I. Date of removal of Personal Property ii. Approximate location iii. Any names provided at the time the Personal Property is sorted, bagged and labeled. iv. Expiration date of storage period, which will be no less than thirty (30) calendar days e. Items including but not limited to firearms and knives, drugs, drug paraphernalia and items that reasonably appear to be either stolen or evidence of a crime must be turned over to the appropriate law enforcement agency. f. Personal Property that is considered contaminated will be properly disposed of. This may include items that are wet from weather, urine or feces, fire or smoke damage, broken, or deemed inoperable or unsafe. g. Personal Property that is labeled will be stored in a weather proof environmental container at the sole discretion of the County. This may include a rented storage unit, storage container or another location as appropriate. 1. Personal Property will be stored within a reasonable distance from where the Personal Property was removed and will be made available by appointment during regular business hours. h. Cards similar to the size of a business card will be provided to those who had Personal Property removed. Cards may also be attached to Notices in the area. I. Cards must include: 1. Date of removal 2. Approximate location 3. Location Personal Property will be stored 4. Contact information to claim Personal Property (Claimant Contact) 5. Expiration date of storage period, which will be no less than thirty (30) calendar days j. Following the removal of Personal Property from an encampment, law enforcement officials, local agency officials and outreach workers may meet to assess the notice and removal policy, to discuss whether the removals are occurring in a respectful humane and just manner and to determine any recommended policy changes. Vil. CLAIMING AND DISPOSAL OF PERSONAL PROPERTY a. Any person claiming ownership of Personal Property removed from an encampment must contact the Claimant Contact during regular offices hours to make an appointment to arrange a time to recover Personal Property within thirty (30) days of the removal of the Personal Property. 1. Any claimant who recovers Personal Property, will be required to sign a release form. b. Unclaimed Personal Property maybe disposed either by discarding or donation after the expiration of the 30-day period. Policy No. GA-itlt Removal of Unauthorized Encampments Located on Vacant County -owned PropertyPage 4 of 5 DRAFT v1 9. If the expiration of the thirty (30) day period falls on a weekend or holiday, the storage period will be extended to at least the next business day. Approved by the Deschutes County Board of Commissioners January XX, 2023, Nick Lelack County Administrator Policy No. GA-## Removal of Unauthorized Encampments Located on Vacant County -owned PropertyPage 5 of 5 DRAFT v1 TO COUNTY COMMISSIONERS CHANG, DEBONE, AND ADAIR FROM STELLA LARSON 60241 Tall Pine Avenue Bend OR 97702 RE SHERIFF'S PROPOSAL OF A BUFFER/RELIEF FOR RESIDENTIAL Dear Commissioners: I live within about 200 feet of Public Lands, close to mile markers noting motorized vehicles prohibited. When we purchased our home ten years ago, we checked with the Forest Service and were told this area, China Hat, across from our home, was a dry campground, and there were limits for campers. We thought this would be OK as our family could camp with their kids and be nearby. How wrong we were. Our children, all grown, do not come. They consider this area to be contaminated environmentally to the point where exposing their kids is unacceptable. I have spoken before about the social and ecological disasters unfolding concurrently in the forest, or what is left of the forest. Drug use, toileting, paraphernalia everywhere, deer poaching, trespass on and through our private property, theft, gunfire, and always, always the fires, trash burning, human waste burning, and often large and unattended. Often the fires are burning in pre dawn hours when we are least likely to call them in. All manner of materials are burned, and we smell the byproducts of combustion. We also breathe them. I support the Sheriff's proposed ban, and have often requested the Forest Service to do the same. Bullets and smoke make for'poor quality of life, and this aystopian iness is not iegai, nur safe. Most sincerely, I urge you to take a field trip. I cannot cross China Hat, it is unsafe. Maybe you can. Stella Larson Angie Powers From: Jim studioJMC.com <jim@studiojmc.com> Sent: i Monday, July 17, 2023 1:19 PM To: citizeninput Subject: Public Comment: Proposed amendments to Deschutes County Code specific to prohibitionson camping on county -owned property Attachments: sheriff -response-signed.pdf [EXTERNAL EMAIL] Please include the attached letter, signatures, and related comment in the record as public comment for the Public Hearing to consider proposed'' amendments to Deschutes County Code specific to prohibitions on camping on county -owned property. Thank you, James Cook email: 'Ll studioimc.com i Sheriff's code would upend work to aid homeless residents Each morning, hundreds of unhoused adults and children begin their day on the margins of our communities. They face a daunting task to secure food for the day, sanitation, health care, and transportation for shopping, social services, and school. In an area with scarce and expensive housing, a tent or older RV might be the only housing they can afford, but it's not legal to park in town. When each day is a struggle to survive, hope for a better future fades. Dozens of volunteers and service providers help to keep hope alive. They deliver socks, meals, and medical services, and, when available, access to scarce shelter and housing resources. They help bridge the gap between those experiencing homelessness and our housed community. Now the Deschutes County Sheriff is proposing to push houseless people even farther from towns and services. On June 7, he told the county commissioners about calls for law enforcement and fires on land where houseless people live. He proposed code changes that bar camping within one mile of a residential property or an urban growth boundary, and limit people's stay to two weeks. The sheriff presents the codeas a "tool" to guide people to services and treatment. But many view it as a tool to drive houseless people from our communities, or out of sight. Recent sweeps and enforcement have not made the unhoused go away. Eighty percent were our neighbors at the time they became homeless. Some will disperse further into the junipers, where services, Sanitation, and basic life needs will be harder to access. Many will move into our cities and show up in neighborhoods as they seek a safe place to exist. We oppose the sheriff's proposed code because: • Banning camping by unhoused individuals does not solve homelessness; it merely relocates it. The ordinance was created without input from county staff, city leaders, or service providers. It undermines the work of community partners by scattering unhoused individuals and making services more difficult to deliver. • The county will draw a lawsuit and spend taxpayer dollars to defend the ordinance. A ban on all county property likely runs afoul of the federal Martin v Boise decision. It states that municipal ordinances that criminalize sleeping, sitting, or lying in all public spaces, when no alternative sleeping space is available, violate the Eighth Amendment. • To ban living on county property when there is no safe, legal, and appropriate alternative would violate HB 3115, which went into effect on July 1. While local governments may restrict the time, place and manner of unauthorized camping, the plans must be "objectively reasonable" for unhoused individuals and the community. See hops://www.orcities.or/resources/reference/homeless-solutions/homelessness-public- There are alternatives to the sheriffs plan.In Redmond, volunteers, churches, civic organizations, and service providers are working with businesses and city and county staff to aid those living in homeless encampments east of Highway 97. This includes cleanups along NE 17" Street, expanded safe parking opportunities, a proposed affordable RV park, and work to open Oasis Village (a tiny home community) in January 2024, We believe this cooperative work in Redmond can serve as a model for Deschutes County and its cities. For decades, we ignored the growing homelessness in our community. It will take time for the work we are currently doing to bear fruit. uiiaiigc�i Lu Luc uaiuYing uuuc, auu nibLuau wuin ward lasting solutions, Signers: Gwenn Wysling: Bethlehem Inn Jennifer Stuart: Bend Church Rick Russell: Mountain View Community Michael Toibin - Neighbors 4 Redmond Development Gary Hewitt — St Vincent de Paul Bend Kathryn Olney — Bend YIMBY Eric Garrity: Bend Equity Project George Myers: gmars Consulting, LLC Nicole M Gee: Nicole Gee Photography Dr. Kevin Phillips, DC: Heartstone Family Chiropractic Ms, Sweet: Love Is Key Carla Allen Linda Levinson Lena Berry Chris Martin Jeff Blackburn' Nathan Nelson Robert Bohac Amanda Page Cassandra Chapman David Paulson James Cook Peter Pecora Christee Cook ' Shelly Phillips Michelle Cross Jordan Portier Adam DuQuette Stephen Schaffer Cathy Edgerton Paula Schaffer Foster Fell Mandee Seeley Kristi Gaffery Ren Segura -Whitman Liz Goodrich Lindsey Stailing John Heylin Kristen Tobias Denise Holley Mayme Trumble' Stephanie Hunter Angie Untis Louise Kaplan David N. Welton Eileen Kiely runsuebike@gmail.com Additional Submitted Comments: TTmH7 U70 71/I1)O /P ("fO nlnrP fnr nannlp to ro7nratP this nrnnn.wd node 14411 nnly er mwp ma.vhem — for housing and ,,,1 „ nature, punitive. See this recent policy brieffrom Cornell and Boston Universities: https:/%ommunity solutions/wp-content/uploadsl2023105IPolicing-and-Punitive-Politics-of- Local-Homelessness-Policy-Briefpdf—Ren Segura -Whitman Bend is already facing at least one lawsuit. Don't repeat their mistake for your own benefit. - Eric Garrity As a long-term resident of Central Oregon who has been watching the community grow and change since the 1908s, I know this is not a solution to the homeless issue. Making something illegal does not make the problem go away. In many cases, it only makes it worse. The people struggling to survive all over Deschutes County are those I grew up with who can no longer afford to live in the only place they have ever called home. Please be apart of the solution and help us help our friends and neighbors who have already lost so much. -Kristen Tobias One of the biggest strengths of communities like Redmond, Sisters, and Turnalo is the strong sense of community. We live our lives alongside our neighbors and care for our community.. It saddens me that a decision was made to harm part of our community. Our unhoused population is not just faceless people, they are fathers, mothers, someone's children... and to the point of this letter, they are OUR community members. It is our duty to ensure that we treat them with the dignity and respect that we impart upon our other neighbors. A community is only as strong as our most marginalized members. Let's treat ours in a manner in keeping with our values. — Amanda Page This proposed code is heartless. It's called "Kicking a man while he's down. "— Denise Holley Eminently reasonable and humane. — Foster Fell I'm a chiropractor who's been in Bend since 2000. When I came here, I too was houseless, trying to make ends meet in a new town and state, while I got my license to practice chiropractic, raise my family and make my dreams come true. If this ordinance had been in place when I moved here, I wouldn't have stayed here. Part of my dream was meeting and marrying the extraordinary woman who became my wife. A woman so dedicated to her new home in Central Oregon that she FOUNDED A CHARTER MONTESSORI school here, Desert Sky Montessori, so that my and 100s of other parents could see their children educated in Montessori at the, elementary level. Its the only one of its kind here, btw.` If this ordinance had been in place :in 2000, THAT SCHOOL WOULD NOT EXIST. My, how times have changed. 1 asap you to consider the rcamocatiohs of this ordinance, on the people it will most certainly affect negatively. What school might they be bring to town? How many millions in business would they have provided, had they been WELCOMED TO BEND BY POLICE, as I was so many moons ago?? Thank you for your consideration of the long-term impacts of this short-term REACTION. — Dr. Kevin Phillips, DC This will literally "kick the can" down the road, and solve nothing. ;It will divert money and resources away from actually finding solutions and housing for those trying to survive after being priced out or excluded from shelter in Deschutes County. Please vote against this. proposal and remain engaged with actual solutions that are starting to emerge. Thank you. George Myers We are getting near to having places for people to go, we need to postpone this change to the camping code. I am aware of the problems that homeless create on county land, but couldn't we put some of the solutions where the people are already: porta potties, water, showers, fare protection presence, mobile social services etc. --give them a chance to get out of the brush. Why push them further into property that we can't get to. Make it easier for them to interact with social services. Mayme Trumble Don't let [the sheriff] cost the County another million in lawsuits that will eventually be lost on his way out the door. He has already cost us millions. — John Heylin Create solutions, not more problems. — Lena Berry No camp closures now or ever! — runsuebikega,gmail.com This is INHUMANE! STOP the Free-for-all, High rent rates in Central Oregon! People who work full-time can't afford to live here. This is not sustainable. — StephenSchaffer Inhuman! Please STOP the Free-for-all, High rent rates in Central Oregon! People who work full-time can't afford to live here. This is not sustainable. — Paula Schaffer I lived homeless in my car for 6 yrs! Working fulltime & not able to afford an apartment. Plz do NOT take away the last safe place for us to go. - Carla Allen Let's address homelessness by providing for their needs, not by temporary moves that only add to their burdens. — Cathy Edgerton Please stop trying to push our unhoused neighbors out of our community. There is nothing helpful about forcing people to relocate - we've seen again and again how this cuts people off from access to amenities and services and, ultimately, makes their situation so much worse. You have a responsibility to represent and protect everyone who lives here, especially our most vulnerable, and pushing houseless folks to the margins does not do either of those things. — Jordan Portier Angie Powers From: Connie Peterson <cjp8784@gmail.com> Sent Monday, July 17, 2023 12:59 PM To: citizeninput Subject: Oppose Sheriff Nelson's Proposal [EXTERNAL EMAIL] Commissioners Adiar, Chang and DeBone Even though I understand that Sheriff Nelson has changed some of the wording in his proposed code language regarding homeless encampments, the content really has not changed enough to either accomplish something positive or insure our tax dollars are not squandered with enforcement efforts or to defend the policy legally. The proposal still claims authority on federal land that I do not believe the County has. It also fails to address or comply with the legal precedents that have been set demonstrating that a local government is not allowed to force a homeless camper to leave the local government's property unless the local government offers adequate shelter or designates somewhere else for people to relocate to. Thank you in advance for considering my opposition. Connie Peterson Bend, OR i Angie Powers From: Barbara Belzer <barbarabelzer@yahoo.com> Sent: Tuesday, July 18, 2023 10:41 AM To: citizeninput;' Subject: County Camping Codes [EXTERNAL EMAIL] To Tony DeBo,ne, Patti Adair and Phil Chang Re: Deschutes County Camping Codes I was heartened to see that the rewrite of the codes did include the following statement and that the time limit was changed to at least 14 days. Enforcement of time restrictions may be suspended when an individual does not have access to shelter and when an individual is engaged in case management or behavioral health services, or when necessary or appropriate to respond to an individual's disability. It is hoped that everyone that is camping on public lands will be offered services for case management if they are not already involved. That being said, I still have concerns regarding the one mile restriction from any private property or urban growth boundary. This will further isolate people from getting the services they need'. In addition, it may delay the time that any fire might become visible and reported to the fire department. Some space is required but one mile is to far. These camping codes will help provide safety to the larger community but do not address the problem of houselessness itself. It is important that all of our efforts turn to providing more types of shelter that can meet the various needs of those who are houseless. To begin with, there is a need for managed camps and more safe parking options. A bed at a night time shelter will not be adequate for people who have an RV or for those who do not do well in such crowded conditions. More low barrier options need to be created. Barbara ;Belzer 32 SW Glemeagles Way, Bend, OR 541-330-2345 i i01ES coG�a BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, JULY 19, 2023 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes.org 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. \AIL-- Ipersocomment m MIl%ninr4 of tho mooting ni ihlirrnmmnnt Will alcn ha MICin-person froI rho public isnu1 a — I11u11b, Nuvn— 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. CKi Deschutes County encourages persons with disabilities to participate in all 3M programs and activities. This event/location is accessible to people with disabilities. *gym 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 oryou may leave a brief voicemail at 541.385.1734. CONSENT AGENDA Approve Board signature of Document No. 2023-575, Amendment #3 to an agreement with Youth Villages for crisis and transition services 2. Consideration of Board Signature on Letter of Thanks to Carol Martin for service on the Deschutes County Dog Control Board of Supervisors. 3. Consideration of Board Signature on Letter Reappointing Daniel Holland for service on the Deschutes County Dog Board of Supervisors. 4. Approval of minutes of the BOCC June 5 and June 7, 2023 meetings ACTION ITEMS 5. 9:10 AM Agreements for vehicle leases for the use of the Sheriff's Office 6. 9:20 AM Public hearing and consideration of Resolution No. 2023-045 adopting a supplemental budget and increasing appropriations within the Solid Waste and Code Abatement funds and the 2023-24 Deschutes County budget 7. 9:30 AM Memorandum of Understanding between Solid Waste and Community Development for Code abatement funding 8. 9:35 AM Consideration of a one-time appropriation to the Central Oregon Guardian Assistance Program 9. 9:45 AM Oregon Health Authority Medicaid Administration Reimbursement 10. 9:55 AM FY 2024 Q1 Discretionary grant application review July 19, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 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. 11. Executive Session under ORS 192.660 (2) (d) Labor Negotiations LUNCH RECESS ACTION ITEMS continued 12. 1:00 PM Public Hearing to consider proposed amendments to Deschutes County Code specific to prohibitions on camping on county -owned property ADJOURN July 19, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3