2015-402-Minutes for Meeting August 05,2015 Recorded 8/31/2015 DESCHUTES COUNTY OFFICIAL RECORDS C! 2015,402
NANCY BLANKENSHIP, COUNTY CLERK Vu �+
COMMISSIONERS' JOURNAL 0813112015 08:25:47 AM
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❑'foc , { Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutcs.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, AUGUST 5, 2015
Present were Commissioners Anthony DeBone, Tammy Baney and Alan Unger.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; David Doyle, County Counsel; and,for a portion of the
meeting, Susan Ross and James Lewis, Property & Facilities; Nick Lelack and
Matt Martin, Community Development; and Jane Smilie and Melissa Rizzo, Health
Services. There were no representatives of the media in attendance.
Chair DeBone opened the meeting at 1:40 p.m.
1. Discussion of IDD (Intellectual and Developmental Disabled) Program
Funding.
This was a follow up after the legislative session. They have gone through
extensive growth and revamped eligibility criteria, so growth has increased by
about 20% in the County. (See attached handout for details.)
There will be over $1.5 million in increased funding, and the State has indicated.
what positions should be added to do the work properly. There is also a
subcontract with Crook County that will need to be increased to cover adult
protective services.
Erik Kropp asked about the ratio of case per staff and whether it allows for new
services. He was advised they cannot cap their caseload, so it will increase; by
how much remains to be seen.
Minutes of Board of Commissioners' Work Session Wednesday, August 5, 2015.
Page 1 of 5 Pages
Commissioner Baney asked if the hiring would be phased and whether the State
has a preference. Ms. Rizzo said that it will take time and the State knows this.
The funds are not jeopardized if it does not happen all at once. It is funded for
the next biennium, and it cannot be known if the State will decide on limitations
in the future. Commissioner Baney wanted assurances that the employees will
be aware that this is grant funded. Ms. Rizzo indicated that the funds pass
through the County, but the legislative body could choose to act differently in
the future. It has been years since the IDD program has gotten an increase. It is
now based on a workload model.
Chair Debone asked about the age group. He was advised that it could be from
infancy to end of life. Some individuals receive other aid but this program
connects people to the community in a variety of ways. It is based on the model
and the local population, and population growth.
Mr. Anderson stated that this would have to come back as a Resolution to be
approved at a regular business meeting. Or, the Board could ask for a
discussion at the time.
Ms. Rizzo stated that there have been articles written about this and they are
now drowning in new clients. She is concerned about this triggering further
inquiries. Commissioner Baney suggested an update in a few months to keep
the Board advised of how it is going.
2. Approval of Order No. 2015-039, Changing the Date for a Public Hearing
for a Property Annexation into the Redmond Fire and Rescue District
(Hayes).
BANEY: Move approval of Order No 2015-039.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair vote yes.
3. Other Items.
The Board went into Executive Session under ORS 192.660(2)(e), Real
Property Negotiations, at 2:00 p.m. It concluded at 2:45 p.m.
Minutes of Board of Commissioners' Work Session Wednesday, August 5, 2015
Page 2 of 5 Pages
The group discussed the August 12 hearing on HB 3400. Chair DeBone said
there have been a lot of inquiries from citizens and the media regarding what
appear to be some rather big `grow' operations. The biggest areas of concern
seem to be Alfalfa and Tumalo.
Mr. Lelack went over a draft press release and the presentation. A hearing is
not required but the Board wanted public input. Commissioner Unger asked
when HB 3400 was passed, as there has not been a lot of time to react to it.
People do not understand that this does not affect Measure 91 or someone's
personal right to use recreational marijuana. The Board will have 180 days
from enactment of HB 3400 to decide whether to opt out.
Mr. Lelack said that the City of Bend might weigh in on this issue.
Commissioner Baney cannot imagine them being disrespectful to another
agency. Commissioner Unger said it might be that they will clarify some
issues. It also needs to be clear that this does not affect what takes place inside
any of the cities.
Mr. Lelack indicated that it would be a protected farm use, like any other crop.
David Doyle added that the opt out is for recreational grow operations and
could impact RR-10 and MUA-10 as well. Growers would have to get an
OLCC license as well. It is allowed on EFU land as it is.
If you opt out, you forgo taxes on the product. The property is still taxed as
usual. Commissioner Baney said that the cities will realize the sales tax
revenue. Mr. Doyle stated that the tax comes in at the retail level. The State
redistributes the funding but none goes to a County that opts out. Law
enforcement and substance abuse control programs get a cut to use towards
marijuana abuse related work.
Mr. Lelack said that the Board could make reasonable decisions on minimum
lot sizes and other issues. Those changes would require public hearings.
Mr. Anderson stated that Health Services staff will want to testify. He asked if
they are to be treated as members or the public or as staff. Commissioner
Unger said they need to focus on the issue and not marijuana as a whole. He
wants to know the problems to address the impact of the grow operations.
Chair Baney feels they should speak but keep their comments focused.
Minutes of Board of Commissioners' Work Session Wednesday, August 5, 2015
Page 3 of 5 Pages
Mr. Doyle stated that this should only focus on the land use part of it, not the
effects of marijuana or health concerns. That horse has left the barn. The
danger is if staff strays off the issue, the citizens will feel they have to speak on
that as well. Commissioner Baney said it needs to stay focused on the use of
the land. Mr. Doyle stated that if the Board does not opt out, it will have more
control over what happens. The personal use is legal. This concerns just the
commercial and land use part.
Matt Martin said they can speak to opting out in regard to access to the product,
and allowing the issue to be played out in other areas to see what they do.
Counties that had a strong negative public vote on Measure 91 can opt out and
are not be required to have this go to a vote. Deschutes County was fairly
evenly divided.
Commissioner Baney is troubled about negative comments made against the
Board. Mr. Anderson stated there will be some law enforcement at the
hearings.
Mr. Anderson asked about a cold weather shelter presentation to the Board.
Commissioner Baney is concerned because this is a faith-based group and that
may be asking for other requests. The Board is okay with scheduling a
presentation.
Matt Martin said that the Historic Landmarks Commission had asked for
additional staff in the new budget, which did not happen. They still would like
to meet with the Board to discuss programs and the future. The Board agreed to
attend their next meeting on Monday, November 2, at 5:30 p.m.
Regarding the Fremont exhibit at the Historical Society, Chair DeBone
encouraged the others to go there. The AOC reception will be held there on
Sunday night, which the first day of the AOC regional conference in Bend.
Being no other items discussed, the meeting was adjourned at 3:40 p.m.
Minutes of Board of Commissioners' Work Session Wednesday, August 5, 2015
Page 4 of 5 Pages
DATED this b 1 Day Da of 2015 for the
Deschutes County Board of Commissioners.
Anthony DeBone, Chair
Alan Unger, Vice air
ATTEST:
Tammy Baney, Cr, missioner
Recording Secretary
Minutes of Board of Commissioners' Work Session Wednesday, August 5, 2015
Page 5 of 5 Pages
Deschutes County
Intellectual/Developmental Disabilities
FTE Requests July 2015
The Deschutes County Intellectual/Developmental Disabilities program is
submitting requests for additional FTE due to a substantial increase (73%) in state
funding. This increase was calculated based on a workload model and is
designated to fund additional FTE. Following is a summary of our request.
Increase in CDDP Funding (BI 15-17) $1,603,406
Increase in CDDP Funding (FY15-16) $801,703
This additional funding is designated for an increase of approximately 10.86 FTE.
FTE Requests Enclosed (Admin & Case Management)
Position/Grade FTE FY16 Cost Calculation
Secretary/ 08A 2.75 $148,878
Program Development Assistant / 14A 1.0 $63,769
DDSI / 18A 5.0 $360,810
DDSIII / K 1.0 $94,236
Total FTE: 9.75 $667,693
Materials & Services Increases
Furniture & Fixtures $20,000
Computers $24,000
Conferences & Seminars $1,000
Travel $2,000
Office Supplies $600
Total Materials & Services: $47,600
Adult Protective Services - 10/1/15
DDSII / 22A 1.0 $82,181
Budgeted as a materials and services contract with Crook County through
9/30/15; effective 10/1/15, services will be provided through DC staff.
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finf Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, AUGUST 5, 2015
1. Discussion of IDD (Intellectual and Developmental Disabled) Program Funding
—Jane Smilie
2. Approval of Order No. 2015-039, Changing the Date for a Public Hearing for a
Property Annexation into the Redmond Fire and Rescue District (Hayes) —
Laurie Craghead
3. Other Items
Executive Session under ORS 192.660(2)(e), Real Property Negotiations —
Susan Ross
PLEASE NOTE:At any time during this 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;or ORS 192.660(2)(b),personnel issues;or other
issues under ORS 192.660(2),executive session.
Meeting dates,times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners'meeting rooms at
1300 NW Wall St.,Bend,unless otherwise indicated. If you have questions regarding a meeting,please call 388-6572.
Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is
accessible to people with disabilities. if you need accommodations to make participation possible,please call(541)388-6571,or
send an e-mail to bonnie.baker(adeschutes.org.
8/5/2015
Board of County Commissioners
Public Hearing to Consider:
H B 3400
Opt Out of Marijuana Businesses AUGUST 12, 2015
HEARING FORMAT
■The hearing will be conducted in the following order:
1. Staff will provide a brief report.
2. Public hearing (testimony).
3. Continue the public hearing to 5:30 p.m. today.
4. Continue or close the public hearing today.
5. Board to deliberate and decide whether to adopt an
ordinance to opt out some/all marijuana businesses this
evening or at a future Board meeting.
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8/5/2015
BACKGROUND
• Electors of Oregon passed Ballot Measure 91 (recreational
marijuana) in November 2014.
• 2015 Legislature enacted MB 3400, including opt out
provisions
■ Deschutes County may opt out by adopting an ordinance within
180 days of the effective date of HB 3400.
■ If adopted, a temporary moratorium is in effect until the next
general election — November 2016.
■ Grandfathering for existing medical processors and �c'ncoc
dispensaries that have successfully completed the le r '
land use process (no applications submitted).
BACKGROUND
• BOCC may enact an ordinance (to be referred to voters at
the November 2016 General Election) which prohibits the
establishment of any or all of the following businesses in
the UNINCORPORATED AREA of Deschutes County:
a. Medical Marijuana processing sites;
b. Medical Marijuana dispensaries;
c. Recreational Marijuana producers (growers);
d. Recreational Marijuana processors;
e. Recreational Marijuana wholesalers;
f. Recreational Marijuana retailers; or
g. Any combination of the entities described above. ��' 9c.
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8/5/2015
PUBLIC HEARING PURPOSE
•To receive public input on whether to enact an
ordinance to opt out of marijuana businesses in
unincorporated Deschutes County.
•Why now?
•Significant public interest. Hearing provides an opportunity
for everyone to share their opinions.
• Provide clarity to citizens, businesses, agencies, etc. on
what's legal and what's not, and under what circumstances
as soon as possible. wow z�
• Inform private investment decisions. .-
PUBLIC HEARING PURPOSE
*This is NOT a public hearing to address:
• Measure 91 (it's the law).
• Marijuana businesses in the cities of Bend, La Pine,
Redmond or Sisters.
• Personal grow, use or possession of recreational
marijuana.
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8/5/2015
HB 3400: A SNAPSHOT
• Retail Marijuana Production ("commercial grows"),
as licensed by OLCC, is:
•An agricultural crop that is permitted outright in the
Exclusive Farm Use (EFU) Zone like any other farm
crop.
• Entit!,ed to protections and duties provided under the
Oregon Right to Farm Act.
• Eligible for farm use deferral under Oregon propert Esco
tax law like any other farm crop. w fwv
HB 3400: A SNAPSHOT
• Land Use:
• In EFU zones, the law prohibits farm stands, farm commercial
activities, and new farm dwellings based on marijuana crops.
• Allows counties to permit (or prohibit) marijuana crops in farm
and forest zones, similar to EFU:
• Forest 1 & 2 Zones (F-1, F-2)
• Multiple Use Agricultural-10 Zone (MUA-10)
• Rural Residential-10 Zone (RR-10)
• Requires a Land Use Compatibility Statement (LUCS) gab o
from local government prior to OLCC's issuance of 0'00"
marijuana business license. °/ec
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8/5/2015
ZONING
Deschutes County
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8/5/2015
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8/5/2015
OPT OUT: WHAT DOES IT MEAN?
• Marijuana businesses identified in the ordinance
would not be permitted in rural Deschutes County.
• Community Development Department (CDD) cannot
sign OLCC LUCS for "opt out" businesses, and OLCC
cannot issue a license for those businesses.
• Forego taxes during.
•Temporary moratorium in effect until the November
2016 general election. °, '"c Gz
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WHAT HAPPENS IF COUNTY DOES NOT OPT OUT
OR
ADOPTS A PARTIAL OPT OUT?
• Board to decide whether to:
■Allow, prohibit, or regulate (i.e., minimum lot size)
marijuana businesses in non-EFU zones (Forest, RR-10,
MUA-10) that allow farm use.
■ Develop & adopt "reasonable" time, place and manner
regulations" for permitted businesses.
•Amendments must be adopted and in place by Jan. 2016.
• NOTE: Amendments to the Comprehensive Plan 5
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and/or County Code require public hearings. 0`)00‘42 . z
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8/5/2015
BOARD DECISION(S)
• Prohibit the establishment of any or all of the following
businesses in the UNINCORPORATED AREA of Deschutes
County:
a. Medical Marijuana processing sites;
b. Medical Marijuana dispensaries;
c. Recreational Marijuana producers (growers);
d. Recreational Marijuana processors;
e. Recreational Marijuana wholesalers;
f. Recreational Marijuana retailers;.or
g. Any combination of the entities described above.
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QUESTIONS FOR STAFF?
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8/5/2015
PUBLIC HEARING
Please:
• Sign in / fill out a public comment card
• Come to the table when called by the Chair
• State your name
• Limit your comments to 3-5 minutes
• Be respectful �� sco
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BOARD
Morning:
• Continue public hearing to 5:30 p.m. today in the
same room.
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8/5/2015
BOARD
Evening:
• Continue or close the public hearing?
• If the hearing is closed:
• Deliberate today or
• Deliberate at a future Board meeting
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Board of County Commissioners
Public Hearing to Consider: orolvr
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H B 3400
Opt Out of Marijuana Businesses AUGUST 12, 2015
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