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2016-34-Minutes for Meeting January 13,2016 Recorded 2/3/2016 vTEz C i' a/ r" i ► DESCHUTES COUNTY OFFICIAL RECORDS CJ ry016.a4 ■ NANCY BLANKENSHIP, COUNTY CLERK V i v COMMISSIONERS' JOURNAL 02/03/2016 08:28:32 AM■ 111111111111111111111111 1 9 1,,,b -; 1 6 2 1 -3 1 00 Arlillg ;;;17% Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JANUARY 13, 2016 Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Dave Doyle, County Counsel; and,for a portion of the meeting, Nick Lelack, Matt Martin, Will Groves and Peter Russell, Community Development; Chris Doty, Road Department; Judith Ure, Administration; Whitney Malkin, Communications; and seven other citizens. No representatives of the media were in attendance. Chair Unger opened the meeting at 1:30 p.m. 1. Review of Proposed Changes to Bend MPO By-laws. Commissioner DeBone said he has been serving on this group for five years. Discussions include Tumalo as well as an area a little bigger than the Bend urban growth boundary. They talk about transportation and bus service, but there is no widespread transit at this point. He said that this boundary might be expanded if the group wanted to pursue it. Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 1 of 11 Peter Russell said that there was a citizen advisory committee formed for the Bend MPO, and this is going to be dissolved, as this group has not participated in a while. However, it could be reinstituted if there is interest in the future. There is opportunity for public input in any case. Commissioner Baney noted that the State transportation group does not get that involved with the local MPO's. Chair Unger stated that ODOT is part of the MPO discussion as well. This group is meant to handle a planning mission, and it does not bring anything to COACT at this time. He asked if the MPO has a vision of how to handle transportation issues in the future to help alleviate bottlenecks, or to encourage use of alternative routes outside of the city. Commissioner DeBone stated that he is not a policy driver at these meetings, but there are state and federal dollars that this group can direct. It is mostly driven by staff and the City Council. They could focus more on a vision for the area. Mr. Russell said they have to build from the ground up and need to consider local land use issues. They generally are not in the lead. The statewide planning process in Oregon limits what the MPO can do. This is the smallest MPO in the State, as many are a combination of two or three cities in an area. Chair Unger asked Chris Doty if this could work for Redmond and Bend. Mr. Doty said that he thinks Redmond would be hesitant to become involved because of a potential loss of control over what they can do. It may come at some point, but given the space between the cities, it may take a long time. It was noted that ODOT wants to focus on frontage roads eventually, but the land. between the cities is low density, unlike other parts of the state where the cities are right next to each other. Commissioner Baney said that the population floor may end up being 200,000, and Bend will not reach that point for a long time. Chair Unger wants to work with Cascades East Transit on providing more services. Commissioner DeBone said that COIC is the transit provider but there is no funding mechanism in place. 2. Discussion of Title 6 Policy Adoption—Non-discrimination (Policy No. HR-6). Judith Ure said that an ODOT audit found that the County does not have a written Title 6 policy in place even though by practice has followed it. The draft policy has been informally approved by ODOT. There is a non- discrimination policy for employees, but not for customers. Minutes of Board of Commissioners' Work Session Wednesday,January Janua 13, 2016 , Page 2 of 11 It is based on what the federal government requires. Erik Kropp would be the administrator and other necessary wording is included. It carries over to advisory committees as well, such as PSCC (Public Safety Coordinating Council) and BOPTA (Board of Property Tax Appeals). Chair Unger asked if this is part of the Sheriff's Office's policies, since that is generally where complaints originate. Ms. Ure stated that it outlines what is required to be compliant, with associated forms and notices. It would be posted prominently in each facility and included on the County website. Commissioner Baney noted that direction as to who is to receive a complaint should be made clear to the public. 3. Planning Division Update. Nick Lelack stated that there is a site visit to Lower Bridge scheduled for Friday, which is being coordinated. Will Groves said that the applicant was initially concerned about people being on the site due to the terrain, etc. They are willing to have this, but want it to be clear that people need to be in appropriate vehicles and properly attired. The Board cannot receive any oral testimony at that time. The Board needs to provide observations to staff afterwards so they can be consolidated for comments from the applicant and others. When the Hearings Officer conducts a site visit, she or he makes it clear there can be nothing more than directional information offered. Mr. Groves can provide information on the various locations, but there might be some areas that are not accessible. There was a building at the mill site at one time, where most of the work was done. This is accessible, and there should not be any hazards there. The mill processed giant layers of chalk and dried them on site. Commissioner Baney asked if it was classified as a furnace. Mr. Groves said that all of that equipment is supposedly gone. There was a fuel tank and a water tower as well. Diatomaceous earth was a significant resource and some of this was heated. In fact, about 40 tons of it was shipped to France for use in cosmetics. Commissioners DeBone asked what kind of fuel was used. Mr. Groves stated that he assumes this is why there was a fuel tank at the site during that time (he did not say what kind offuel). Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 3 of 11 Chair Unger asked if they could talk about restoration while they are on the property. Mr. Groves stated that he would have to see what is in the record. However, there is no big plan for restoration outside what is required by the DEQ. Managing the migrating dust might be a part of that. Chair Unger said he has little confidence in what the DEQ might require in this regard. Mr. Groves stated that the applicant wants approval and therefore may go above and beyond what is required by the DEQ and the OHA. They may be willing to engage in this further, beyond agency requirements, if it might result in some kind of approval of their application. Chair Unger asked about how to define the rimrock. Perhaps they could use Google maps as a guide so they can better envision this. Determining setbacks is a part of this, to avoid people seeing development from the river. Commissioner Baney is concerned on how this might be applied if the applicant does not agree. Mr. Groves said the applicant tried to determine the top of the rim, and he thinks they captured this fairly well. The question is whether the setbacks should increase to meet LM requirements. They want to avoid having structures right up to the lot line. The Hearings Officer thought about pushing all setbacks an additional fifty feet, but did not feel this could be defended totally. Commissioner Baney stated that the record says they would be allowed 15 lots Y Y Y if they went with RR-10, and someone could build ancillary structures below the rim. Mr. Groves replied that in general if someone has a property that extends to the center of the river, they would have to stay out of the flood plain; they also have to be 100 feet back from the ordinary high water line. The culmination might result that something could be on the slope. It would still be in the landscaping management combining zone, with significant restrictions and screening. There would also have to be no other options for development. If they asked for a regular subdivision, they could end up with 12 lots. There are enough criteria in place that they could restrict building on the slope to avoid erosion or other potential problems. People do not do generally do this anyway. The Commissioners and staff planned to meet at the County at 10 a.m. on Friday, January 8, and go to the property at that time. Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 4 of 11 Nick Lelack asked if the Board would consider joint public hearings on the City of Bend UGB expansion. The Commissioners said it makes sense to do this. Mr. Lelack stated that the City of Redmond is discussing a text amendment for the urban growth boundary/urban holding regarding cell towers. They would like the Board to handle this jointly as well. Comments are due to the national historic designation group on the Pilot Butte Canal in a couple of weeks. Mr. Lelack asked if the Board wants to meet with the HLC or provide comments separately, or at all. Chair Unger said that they have to consider the spotted frog and other federal issues. This has multiple values and there is concern about how certain actions can create other problems elsewhere. Commissioner DeBone stated that some feel COID does not have fee title to the property. It is an awkward situation and he would like to see this move forward. Chair Unger would like to view it from a different perspective, beyond the historical nature. He wants to look at the bigger picture. Commissioner DeBone said if they are diverting a river to a canal, it is different from a river. Chair Unger noted that this has to do with property values and there may be other things that need to be considered. Some rivers and canals have swift flowing water and other areas where it is slow. He would like to see different options. Commissioner DeBone said the question is whether they would write a letter to this federal agency. It does not have to be controversial. Commissioner Baney stated that COID is not looking at other ways to save water at this point. They have a responsibility to investigate other options. This could be picking a fight that the County does not need to, and there is the question as to whether they allow a County commission to weigh in on this if their view is different from that of the Board. Also, they are dealing with a federal agency that may not care what is important locally. They could very well cancel each other out. Nick Lelack said that generally, this should come from the Board, and the HLC wants some direction. Commissioner DeBone stated that everyone should start at the same place, which is, what is historic about this system. Right now people are fighting for their backyards. Commissioner Baney said that there is work being done system-wide. Maybe the federal government should be asked to back off for a while. Matt Martin said that this is entirely different form the national register issue. Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 5 of 11 Mr. Lelack said it might be difficult for the Board to attend an HLC meeting soon enough. Or, the HLC could meet and Mr. Lelack could bring their comments to the Board's January 27 meeting. The deadline is thought to be the end of this month. Chair Unger noted that the committees should look at their specific areas of expertise, while the Board has to look at the bigger picture, and what is in the best interest of the County overall. Mr. Anderson pointed out that the HLC should not submit a letter on its own. Mr. Martin replied that this group might be structured differently from an advisory body, but he will find. out and report back to the Board. Commissioners DeBone and Unger said they would attend the HLC meeting on January 25, and the issue could be discussed at the Board work session on January 27. Mr. Lelack asked if the Board wants to discuss the proposed marijuana steering committee now or wait until the next regular meeting. Commissioner Baney said that there is interest and she would like to keep it going. She has heard there could be some work done on the medical marijuana piece that the Planning Commission chose not to address. Mr. Lelack explained that this is a high-level concept draft of what the committee may or may not do; what the members can or cannot do, who the members should be and their charge. Commissioner Baney said that those who live in the city are not as affected by what is going on. Representation should be geographic, from perhaps south County, Alfalfa, Terrebonne and. Tumalo. Applications are necessary as well. The Board would do the selection. This has to be narrowed or there would be far too many applicants. Chair Unger would like it to be facilitated. Commissioner DeBone asked if a facililtator should be someone with more expertise regarding the law. Commissioner Baney disagreed because of outside of the right to farm law, this is not mediation between two parties. This is not a dispute over a fence or where true mediation would come into play. Someone wanted to get the Farm Bureau in the room. Commissioner DeBone said they do not have to completely compromise, but what the Board needs is the facts. He has heard things that he does not know are true or false. Chair Unger asked if this committee could help with issues after the medical part is addressed. Mr. Lelack said this would apply to existing producers at this point. Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 6 of 11 Commissioner Baney stated that some people think an opt out means zero marijuana grows. Without regulating the medical grows, change is not going to happen. The OHA does not spend the time it should to test and check the growers, so this should be better regulated. There are 1700 registered grow locations and they hope to go into recreational. Mr. Lelack presented a draft application. He wants to know if they should say what they hope to represent, or if it should be determined by geographic location. The Board felt that having the location is important. Chair Unger thinks that they should ask if they are currently or hope to be a producer, which might change the dynamics of the committee. Those growers might be residents but also may want to maintain the rural lifestyle. He wants to recognize that people should not see their whole lives change because of this, so there needs to be compatibility. Mr. Martin stated that they could ask if they are a producer, retailer or other; or just focus on the producers. Commissioner Baney wants to be sure there are representatives of the industry as well as others who are not. Mr. Lelack stated that there should be a charter with a timeframe, what is not to be addressed at this point, and being balanced in their discussions. The Board agreed. Commissioner Baney said they are beyond some discussions such as effects on health, children and other concerns. The group should also conform to public meeting laws. Mr. Lelack asked if the application process should be initiated at this time. Commissioner Baney wants to discuss the charter points further. Erik Kropp said that they need to know they are to focus on land use, such as time, place and manner. Chair Unger asked if they could talk about nuisance regulations and avoid the right to farm issues. Mr. Lelack said they could talk about mitigating impacts, so it is somewhat softer. Chair Unger stated he had spoken with a State representative and they are seeking clarification as well. Commissioner Baney said that someone from the Oregon Farm Bureau might be offering language to the legislature to address this part of it. They should know this by the end of March. This might help with determining local direction. Chair Unger does not feel that the legislature understands the challenges and will be of much help. Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 7 of 11 Commissioner DeBone would like to limit production to EFU zone; and address the medical marijuana separately since that might already be in other zones. Chair Unger would like to see the committee address this for all zones, but it could be narrowed at that point. Commissioner DeBone wants to help the committee come up with some sideboards. Commissioner Baney wants to see this group form an industry and resident perspective. If they differentiate between EFU and medical, it will be too confusing. There should be consistent, clear rules that deal with both. Commissioner DeBone said that there are some small-parcel, outdoor growers who have created problems for their neighbors. This is mostly the medical grows that are already causing issues. Commissioner Baney stated that RR-10 has an assumption that it is for residential purposes. EFU is assumed to be farmland. If RR-10 is off the table, how can they do this, and what happens to the medical grows already there. Mr. Lelack said that they can regulate this use, but cannot ultimately say yes or no. There could be a `no' for new facilities. They cannot do much about the medical grows now in place except regulate them to a point. Commissioner Unger would like to avoid narrowing this now, to allow the group to see how they all fit. Mr. Lelack said that if the Board adopts the regulations, the ordinances could be adopted not as an emergency, but with first and second readings so it is not effective for 90 days, and see if the ordinances are appealed during that time. They could leave the opt out in place until they know. This is how it is being handled in some other areas. It would help to have something in place. Commissioner Unger feels this is the right way to go. Commissioner Baney noted that they are stuck in the middle, between some who would do the right thing, and those who will not and want to take advantage. The group could meet twice a month, or more often as determined. Commissioner Baney would like the Board to be able to sit in the meetings. There have to be members who are available when the meetings are scheduled. Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 8 of 11 The guidelines would be as follows: • The Marijuana Advisory Committee would consider the Planning Commissioners' recommendations. • The committee would take a balanced and respectful approach. • The committee and County will monitor regulations adopted by other jurisdictions and the legislature. • The committee would comply with public meetings law. • The MAC would not discuss or make recommendations on the opt out ordinance; address moral, social economic, public health or similar issues; or advocate for studies of water, energy economics, housing or other specific or social issues. Chair Unger wants to know more about the impacts and what they hope to protect— sight, sounds, smell and security. Commissioner Baney said that many of those in the industry value the impacts, but have to get to a middle ground. She does not want to sound like it is a neighbor versus neighbor mitigation, when it is about Countywide land use impacts and policy. Commissioner DeBone wants to know what the various grows might look like, based on the facts. Mr. Lelack said that it also has to do with size and scale, and this is something the Planning Commission addressed. Commissioner Baney wants to review the revisions to the charter soon. Mr. Anderson said they would not be voting on refinements. County Counsel will see the finished product as well. If a Commissioner brings up something substantive, it would need to be discussed in a more public forum. Chair Unger would like to be able to give legislators information on the challenges the County is facing, such as maps showing the locations and any problem areas. Some legislators do not know what rural land even looks like here. Where they are might be covered with forests that mitigate some of the issues. Mr. Lelack said that Jackson County did not opt out and is working on regulations. Clackamas County's ordinance was appealed to LUBA but the issues raised are not known yet. This was filed by an individual and not a group. Commissioner DeBone stated that if the right to farm law does not become an issue, they can probably find a balance. Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 9 of 11 Mr. Lelack noted that one dispensary has been approved on Spring River Road and so far it has not been appealed. They received an application on property outside Sisters that is subject to a landscape management plan. Chair Unger stated that some members of the Bend City Council are complaining about many of the industrial zoned buildings being used for grows, which is restricting availability to other businesses. Commissioner Baney said the City should have worked harder am their UGB issues. 4. Other Items. Whitney Malkin said the Board is meeting with the La Pine and Sunriver Chambers of Commerce on Friday morning, and the agenda has been determined. There can be a slide presentation if the Board desires. A brief discussion took place. At 3:40 p.m., the Board went into executive session on: • Real Property Transactions • Labor Negations No formal action was taken. After executive session, Commissioner DeBone said he would like to send a congratulations letter to Joseph Barry of the High Desert Amateur Radio Group for achieving Ham Radio Operator of the Year for 2015. DEBONE: Move signature. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. Chair Unger said he got a phone call from Judge Grasty of Harney County, since the militants that took over federal property want to expand the protest into other counties. Judge Grasty warned that they are calling themselves the Safety Committee. Armed individuals are causing disruption and he feels all counties need to be on alert. There are others that want to take on the federal government. If there is a hostage or shooting situation, it will get bad. Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 10 of 11 The federal government wants to avoid confrontation if possible. Ammon Bundy and Ryan Payne are the ringleaders there, along with a few others. Federal employees are being told to just not show up for work. This is very disruptive to the local citizens. There is frustrating as to who is running these smaller counties, and whether is it the federal government, the State or the county. 5. Adjourn. Being no further discussion, the meeting was adjourned at 4:30 p.m. DATED this "`' Day of e �" 2016 for the Deschutes County Board of Commission . att./44_ atir- Alan Unger, Chair C... Tammy Baney, ce Chair ATTEST: Anthony DeBone, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday,January 13, 2016 Page 11 of 11 G C L. jiiitaste,,„,,,-. i 0.-W" 414.1111 ik I 9 i 2D16 '© r� Deschutes County Board of Commissioners 0 vER,Rs 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, JANUARY 13, 2016 Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. 1. Review of Proposed Changes to Bend MPO By-laws — Chris Doty; Peter Russell 2. Discussion of Title 6 Policy Adoption—Non-discrimination (Policy No. GA-16) —Judith Ure 3. Planning Division Update —Nick Lelack, Staff 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. To request this information in an alternate format please call (541)330-4640, or email anna.johnson(edeschutes.orq. Board of Commissioners' Work Session Agenda Wednesday, January 13, 2016 Page 1 of 2 4. 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. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. • Executive Session, Real Property Transactions —Susan Ross • Executive Session, Labor Negotiations —Erik Kropp 5. Adjourn 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. To request this information in an alternate format please call (541)330-4640, or email anna.johnson @deschutes.orq. Board of Commissioners' Work Session Agenda Wednesday, January 13, 2016 Page 2 of 2 '3 o ..,„ ) ..... , �✓... , no ,; 1 O rik n' Ml.a yrs 1'..' t rfl l hoNpfio a- CU w Q 0 "' ' U 0 O N 44 1 a3 I �' `mil v g _ G T __ ' USA CI S [L , 1 tz C11 v-A, gt.....zz,:e 4.J ---c=5 -Id rii Z 1 q ._.. ,„., ...., ,.______ Q 1 I , 1 r .r CU N•1 irb ,,„,cti—D •r-_ --- Adopted 12/19/2013Proposed 12/17/15 Bend Metropolitan Planning Organization Policy Board Bylaws Article I Name The governing body of the Bend Metropolitan Planning Organization,established pursuant to the Governor's Metropolitan Planning Organization designation letter, dated December 11,2002, shall be known as the BMPO Policy Board. Article II Purpose The purpose of the BMPO Policy Board is as follows: a.To carry out planning,coordination and integration of activities necessary to maintain a comprehensive,cooperative,and continuing multi-agency transportation planning program;and further,as specified by the BMPO Policy Board, carry out other related specific tasks including implementation thereof. b. Establish a setting in which to undertake effective decision-making processes regarding transportation in the City of Bend metropolitan area; evaluate transportation alternatives that are realistic and scaled to address the needs of the metropolitan area; develop and maintain a long range transportation plan for the metropolitan area which covers a 20 year planning horizon;and develop a Transportation Improvement Program ("TIP")to establish how transportation funding will be used for regional transportation purposes to address the modernization, operation and maintenance of transportation facilities and services needs within the BMPO. c. Promote public participation in the decision making process through public meetings. The BMPO shall exercise leadership and initiative in planning and assisting development of efficient, integrated transportation system facilities and services in the Bend metropolitan area. d.The area within the BMPO includes the urban area as defined by the 2000 U.S. census plus all area within the City of Bend Urban Growth Boundary(UGB)and other additional areas that may be annexed to accommodate expected growth and anticipated development for the next twenty years.The areas included outside of the Urban Growth Boundary can be described as Deschutes River Woods area to the South,the Woodside Ranch area,and areas to the East and North as indicated in the BMPO Boundary Map(Attachment A). Based upon the 2000 census count,this area qualifies as a U.S. Census designated Urban Area. 1 Adopted 12/19/2013Proposed 12/17/15 Article Ill Membership and Voting a. The BMPO Policy Board shall consist of representatives appointed by the governing body of each party to this Intergovernmental Agreement. b. The Policy Board shall consist of the following members: Members Votes City of Bend 3 1 Deschutes County 1 1 Oregon Department of Transportation 1 1 Total 5 3 c. Approval by a simple majority of the voting members will constitute passage of any action;except for amendment of the Bylaws,which is governed by the process in Article VIII. d. The City of Bend representatives shall be members of the City Council. The City of Bend representatives shall vote among themselves. The majority vote shall determine the City's vote. e. The Deschutes County representative shall be a member of the County Commission. f. The Oregon Department of Transportation Region 4 Manager or designee shall serve as the ODOT representative. g. The BMPO Policy Board may appoint non-voting members that represent alternate travel modes,the business community,freight community, or other interests deemed appropriate. Non-voting members can participate in all discussions and deliberations of the Policy Board. Non-votinq members shall have no vote and shall not make or second motions. h. As future major transportation providers form, such as a Transit District,they shall be added to the Policy Board by way of amendment to IGA No.20395 and these bylaws,and become a party hereto. i. Alternates may be appointed to serve in the absence of the voting members. j. Alternates will be individuals in a position to represent the policy interests of their jurisdiction. k. Terms for all members and alternates listed above commence on January 1 of each year. 2 Adopted 12/19/2nl3Proposed 12/17/15 I. Each voting member of the Policy Board shall hold office until the party he or she represents appoints a successor. Article IV Policy Board Members,Terms of Office,Officers and Meetings a. The BMPO Policy Board shall elect the following officers at its first meeting of the calendar year to serve for that year: Chair and Vice Chair. In the absence of the Chair,or upon her/his inability to act or serve,the Vice Chair shall have the powers of the Chair.The Chair and Vice Chair will serve without compensation and shall serve for a period of one year, renewable. b. The BMPO Policy Board shall be responsible for the management, supervision, policy and direction of all programs,functions and activities established and operated under BMPO.At the first meeting of each calendar year, the BMPO Policy Board shall designate an Administrative Officer who shall account for the financial matters of BMPO and handle other necessary administrative functions. c. A vacancy on the BMPO Policy Board shall be filled by the party that appointed the member who created the vacancy. d. Any conflict of interest of a BMPO Policy board member must be stated prior to discussion of that particular agenda item. Article V Meetings,Conduct of Meetings,Quorum a. Regular meetings of the BMPO Policy Board will be held monthly at a time and place established by the chair. b. Special or emergency meetings may be called by the chair or a majority of the membership. In the absence of a quorum at a regular monthly meeting or a special meeting,the chair may call a special or emergency meeting,including membership participation and vote by telephone, for deliberation and action on any matters requiring consideration prior to the next meeting.The minutes shall describe the circumstances justifying membership participation by telephone and the actual emergency for any meeting called on less than 24 hours'notice. c. BMPO business may not be conducted without a quorum of the voting members.A quorum consists of the representatives from the Oregon Department of Transportation and Deschutes County, and two of the three City of Bend representatives. d. All meetings shall be conducted in accordance with Robert's Rules of Order and the Public Meeting Laws of Oregon. 3 Adopted 12/1O/2013Proposed 12/17/15 e. Any of the Committees described below may establish other rules of procedure as deemed necessary for the conduct of business. f. The Administrative Officer shall provide regular financial updates to the BMPO Policy Board and provide an annual financial report for the previous fiscal year at the August or September BMPO Policy Board meeting.The financial update shall include a list of expenditures, and the balance of all depository accounts. Article VI Technical Advisory Committees Section clinical ndvisr Committee(TA!`) 1. Technical ���_,�. a The BMPO identifies the need to create a standing committee to be known as the BMPO Technical Advisory Committee(TAC). Membership of the TAC includes governmental entities within the BMPO that are impacted by the decisions and that have significant contributions to the BMPO. The TAC is composed of technical and/or managerial staff representatives employed by each of the participating governmental entities. In addition, there may be one or more ex-officio non-voting representative each from the Federal Highway Administration(FHWA)and Federal Transit Administration (FTA). Each ex-officio non-voting member must be approved by the agency he/she represents. b. As future major transportation providers form, such as a transportation or transit district,they shall be added to the TAC. In addition, a representative from any technical subcommittee or advisory group that is formed shall have a seat on the TAC. Policy Board directive may also add additional positions(as members or as non-votiinclex-officio members)to the TAC,such as a eitiieRfepresentative, a business representative,or a freight stakeholder. c. The TAC has authority and primary responsibility to conduct technical reviews and analyses regarding all work activities of the UPWP and any related issues as specified by the BMPO Policy Board and to so advise the BMPO Policy Board on appropriate actions to be taken.The TAC works closely with the BMPO staff, providing guidance and direction for development of the annual UPWP and work activities defined therein. d. TAC Membership shall be as listed in Article IV of the TAG Bylaws. Voting men ber -e-nt•he•-BMPO TAC steal-lea&follows: k--• y- f Bend--Two(2)positions: (to be named by City-Manager) i4 Deschutes-count One 1 ocition e--be-n:mew b � y-County Administrator) iii........ODOT One-(.1_)pos :Region.4 Planning Manager ar desig;ee iv. —cascades-East Transit One(4-)-position: (Executive Director--or desig-nee-) ..__Central Oregon TntergovernmentaI-C unc 1(COIC) _.Orie(1) position: (Executive-Director or de ig ee) 4 • Adopted 12/10/2nl3Proposed 12/17/15 vi. entY°c rengoon- .y College(COCC) One(1)position: (President-Or-designee) ;ign+ee) vii. Commute ions-One--(1)position:(Executive Director or Vie) Deschutes-County-Bike/Pedestrian Advisory Committee--One(1) position:(to-be-named-by, e g body) vcvnm.�a ix.. -Bend-La-Rine-School-District-One(1)p sition• (to be-named-by governing body)to d n attenrrc� necv°ed°°ded x. Oregon Department-of Land Conservation and-Development-(to-be named by-DI CD Director) Ex-O#icie-Members on-the-BM-PO TAC shall be as follows: i. -Federal Highway Administration i -Federal Transit Administration e. Organization and management of the TAC shall be according to bylaws adopted by the TAC and approved by the BMPO Policy Board. f. The BMPO Policy Board will take into consideration the alternatives and recommendations of the TAC in the conduct of its business. g. The meetings of the TAC shall be open to the public and the TAC shall comply with the Public Meetings Law. Section 2. Citizens Advisor ee(CAC) a-The BMPO identifies-theme, ed o create a...s-•- - -- --•••-- e.- •own as the BMPO Citizens Advisory-Comm CCoG).The-GAG-will consist of 7 0 members-appointed rated by-the BMPO Policy-Board. Members of the CAC-should reside in the-Bend-MP-0-boundary ar a:The CAC may-in-etude-members-from ar as outside-the existing BMDO boundary. These representatives-should be from areas that could beco me.part of "MPO or be directly impacted by projects or plans of the BMPO:The-P-oliey-Board may add members-within its discretion -the needs-of the BMPO planning process dictate: b. The term of-office of CAC members-shall begin on January 4-of the-year following--appointmafient re-in three years on-De-Gem-ter-3-1,-.Members will-sepie-ne-m-ore,.than two consecutive ter • , - - -- - - •- Policy-Boa-rd c--Fhe CAGwilt meet attea-st-annually. The meetings of the Ci1+zen-Advisory Committee-shall bee-opto tthhe public, with participation-by-interested s allowed-af-#t discretion--of the chair and vice chair. d. The CAC shall use a consensus process to-make-recommendations to the BMPO-Poli^ Win-situations where-the CAC-cannot reach-ccon "sus- 5 Adopted 12/18/2g13Proposed 12/17/15 two-or-more recommendations may be forwarded to the-$-MPS Policy Boar e—The CAC may make proposals to the BMPO Policy Board which the GAG deems-appropriate for the BMPO Policy Board's consideration.The CAC provides recommendations-to the BMPO Policy Board-fermi edifying or--rejecting-policies, programs, and project priorities under BMPO consideration for inclusion in the Metropolitan Transportation Pfaeand-other nn a�.o„PO-planning-deoun eats-:.-T-+e-GAG-also-sorves-as--a-conduit to the general public regarding the-plans•that-are adopted and followed by the BMPO Policy Beard -Meetings end reco e- e• - •- - - - -*A - • public-part' e- -• - -- - -.•-e- e in-the-Oregon planning-goals and the applicable federal regulations f.---Organization and management of the CAC shall be adopted h„the GAG-and--approved--by--the•BMPO Policy Board:.. g,—The Policy Board will take-inte-consideration-the-recemmendations-of-the GAG in the conduct of its business. h he meeting-�f fhhe—GGAG—shall be open to the public and shall comply with the Public Meetings Law. Article VII Formation of Special Committees a. The BMPO Policy Board,as deemed necessary, may create special committees.A special committee may be either an ad hoc committee for a specific work task or a standing committee for one or more work tasks.Subcommittee members can include BMPO Policy Board members, BMPO Policy Board alternates,BMPO citizen representatives land/or outside e xperts.Any such special committee will be - . - Comment bell:Added per Policy Board responsible to the BMPO Policy Board. d`goug�`idiscussion IL/20/15 -- J b. At the direction of the Chairs of the BMPO Policy Board and the TAC, respectively, subcommittees may be formed to investigate a particular work task or issues relevant to the BMPO. c. The BMPO Policy Board shall define the duties, and authorize the power of all special committees. Special committees shall comply with the Public Meeting Laws of Oregon. Special committees consisting entirely and exclusively of staff and employees of a Party or Parties are considered not to be subject to public meetings requirements d. The BMPO Policy Board shall determine membership on a special committee appointed by the BMPO Policy Board. e. The TAC shall determine membership on a special committee appointed by the TAC. 6 Proposed 12/17/15 Article VIII Amendments a. These bylaws may be amended or repealed only upon 30 day notice to all parties of IGA No.20395("IGA")and; 1. Prior to any amendment or repeal of these bylaws,the Policy Board shall give a 30 day written notice to all parties to the IGA with a copy of the draft amendments. 2. If any party to the IGA objects in writing to the proposed amendments within the 30 day notice period,the amendments will not become effective. Rather, the Policy Board will consider the objections and propose revised bylaw amendments utilizing the procedure outlined above in Paragraph 1. 3. If no party to the IGA objects to the proposed bylaw amendments pursuant to Paragraph 2 above,the Policy Board may adopt the amended bylaws by a unanimous vote.A copy of the amended bylaws will be provided to the parties to the IGA and will be attached to the IGA for reference. Article IX VotingProcoss <eversien-Glause The BMPO Policy Board voting process may-be reviewed annually and wilt-revert to the original voting process unloss•a-consensus of all voting- --•:- - : .:':- e -- sim jority process. The original voting process is as follows: A consensus of all three Parties wilt constitute passage. Consensus in the original voting-prosesc-means that•a•majerityof the*roe City representatives must ***• -• -• :- ':• ' -na, as—ell as c4 of the other voting agencies. These Bylaws have been reviewed and approved by the Bend Metropolitan Planning I Organization Policy Board Members dated_ of ,2015-1-. Chair Date BMPO Manager Date �JTi` s c(> G W "014 Date: January 8, 2016 To: Deschutes County Board of Commissioners From: Judith Ure, Management Analyst Subject: Proposed Title VI Policy Attached is a draft policy that formalizes Deschutes County's responsibilities associated with Title VI of the Civil Rights Act(non-discrimination). This document was developed in response to a mandate by the Federal Transit Administration (FTA) conveyed to the County via the Oregon Department of Transportation(ODOT). However, all federal agencies that award grants to the County require that a Title VI policy and procedures be adopted and followed. Failure to do so could potentially place current and/or future funding at risk. The Board is scheduled to review the proposed Title VI Policy during the January 13, 2016 work session meeting. If you have any questions concerning the Civil Rights Act requirements or provisions in the draft policy, please let me know. Deschutes County Administrative Policy No. TBD Effective Date: TBD TITLE VI OF THE CIVIL RIGHTS ACT STATEMENT OF POLICY Deschutes County is committed to providing programs and services that are free of all forms of discrimination based on factors that include, but are not limited to, race, ethnicity, age, disability status, and sexual orientation. The County will take preventive, corrective, and/or disciplinary action when necessary against behavior that violates this policy or the rights and privileges it is designed to protect. APPLICABILITY This policy applies to all Deschutes County departments, divisions,programs, staff members, and elected officials, and, as applicable, to agents of and contractors for the County. DEFINITIONS For the purpose of this policy, unless otherwise specified, the following definitions shall apply: • Color: Skin color or complexion • Discrimination: An intentional or unintentional action through which a person, solely because of race, color, national origin, religion, gender/gender identification, or sexual orientation has been subjected to unequal treatment under a program or activity offered by the County. • National Origin: A person's, or his or her ancestor's, place ofbirth. May also refer to the physical, cultural, or linguistic characteristics associated with ethnicity or ancestry. • Race: A social classification of people which includes, but may not be limited to, White, Hispanic or Latino, Black or African American, American Indian or Alaska Native, Asian, Native Hawaiian or Other Pacific Islander as defined by the U.S. Census. • Limited English Proficiency (LEP): One who does not speak English as a primary language and who has limited ability to read, speak, write, or understand English. PROCEDURES Title VI Coordinator: The Deputy County Administrator serves as Deschutes County's Title VI Coordinator and acts as the focal point for Title VI implementation and monitoring. Public Notice: A Title VI Notice to the Public will be posted on Deschutes County's website at www.deschutes.org and in a public area within each County facility. A copy of the Deschutes County Title VI Notice to the Public is attached to this document as Appendix A. The Department of Administrative Services will also provide paper copies to individual departments for posting. Complaints: Any person who believes she or he has been discriminated against by Deschutes County on the basis of race, color, or national origin may file a complaint by completing and submitting a Title VI Complaint Form. Complaints must be complete in both form and content to be reviewed and must be submitted within 180 days of the alleged incident of discrimination to be considered. A copy of the Deschutes County Title VI Complaint Form is attached to this document as Appendix B. To request a separate Title VI Complaint Form: • Call 541-388-6570 • Visit the Deschutes County Department of Administrative Services located at: 1300 NW Wall Street, Suite 200 Bend, OR 97703 • Write to: Department of Administrative Services Deschutes County PO Box 6005 Bend, OR 97708-6005 ▪ Download the document from Deschutes County's website at www.deschutes.org Complaints must be submitted to the Deputy County Administrator by hand-delivery at the physical address or by U.S. postal service to the mailing address shown above. When applicable, a complainant may also file a Title VI complaint directly with any federal agency that supplies funding to Deschutes County in support of the applicable program or service in which the alleged incident occurred. Examples of federal agencies that provide funding to the County include, but are not limited to, the U.S. Environmental Protection Agency, Department of Agriculture, Department of Justice, Department of Health and Human Services, Department of Homeland Security, and Department of Transportation. Contact information for the Office of Civil Rights operating in such agencies may be found online. At such time as the complaint is received, the Department of Administrative Services will review it to determine if Deschutes County has jurisdiction over the matter. Within 10 business days, the County will return an acknowledgment letter stating whether the complaint will be investigated by the County. Deschutes County will make every effort to investigate complaints within no more than 90 days following the date on this letter. However, in the event of complex complaints which address multiple issues and/or involve legal action, the County may require an extended period to fully investigate and respond. In such cases, the complainant will be informed of the delay. If more information is needed to resolve the case, the assigned investigator may contact the complainant. The complainant has 10 business days from the date of the letter to return the requested information to the investigator. If the investigator is not contacted by the complainant or does not receive the requested information within 10 business days, Deschutes County will administratively close the case. A case will also be administratively closed upon withdrawal by the complainant. After the investigator reviews the complaint, she or he will issue one of two letters to the complainant: A closure letter or a letter of finding(LOF). A closure letter summarizes the allegations and investigation, indicates that a Title VI violation did not occur, and states that the case will be closed. An LOF summarizes the allegations and investigation and explains whether any disciplinary action, staff training, or other action will occur. If the complainant wishes to appeal the decision, she or he has 10 business days following the date of the letter or the LOF to do so. To submit an appeal, complainants must deliver a written letter explaining the basis of the appeal to the Deputy County Administrator. County officials will review the factors presented and issue a final formal decision within 30 business days following the date of the appeal letter. The County will provide, upon request, a list of all active investigations, lawsuits, or complaints made on the basis of race, ethnicity, age, disability status, gender/gender identification, and sexual orientation. A copy of the Deschutes County List of Title VI Investigations,Complaints, and Lawsuits form is attached to this document as Appendix C and contains a name, date of filing, summary of the allegation(s), status of the investigation, and action(s) taken. Public Participation: Deschutes County employs a wide variety of strategies to solicit, consider, and incorporate the perspectives of diverse populations in policy and decision-making processes. Such opportunities for involvement are designed to engage all segments of the public in an early, open, continuous, and effective manner and include: 1. Complying with all applicable laws, rules, and regulations concerning public involvement and public meeting protocol. 2. Maintaining buildings and facilities that are fully accessible and compliant with the Americans with Disabilities Act (ADA). 3. Providing notice and information regarding issues, processes, and decisions in a timely manner which allows for adequate public review and participation. 4. Ensuring that printed materials, such as public notices and records,meeting and hearing schedules,minutes and supporting documents, web content, and other written communications can be made available in both traditional and alternative formats, including large text, electronic, audio,braille, and foreign languages upon request. 5. Facilitating access to meetings and interviews through conference calls and video- conferencing, sign and foreign language interpretation. 6. Holding meetings and hearings in diverse geographic locations throughout the County on a periodic basis. 7. Inviting all members of the public to enroll in County College, a multi-week course designed to educate participants about elections, governance, infrastructure, finance and budgeting, public safety, land use, health services, and other County operations. 8. Seeking age, physical ability, ethnic, cultural, economic, and geographic diversity in appointing members to quasi-judicial and advisory committees, such as: • Audit Committee • Bicycle/Pedestrian Advisory Committee • Budget Committee • Dog Control Board • Fair Board • Historic Landmarks Commission • Mental Health Advisory Board • Noxious Weed Advisory Board • Planning Commission • Public Safety Coordinating Council • Special Transportation Fund Advisory Committee Language Assistance: Deschutes County takes reasonable steps to offer assistance for LEP clients and residents seeking meaningful access to services and opportunities. When appropriate, the County will use population composition and client needs in regard to language for the purpose of developing and providing programs and services, disseminating information, conducting outreach, and encouraging public involvement. A copy of the most current data is included with the information attached to this document as Appendix D. The County has also implemented a variety of strategies to help serve LEP persons: • Recruitment, hiring, and personnel practices. The County has established an Interpreter position within its job classification system which can be employed by departments with high levels of LEP clientele to translate and interpret policies, procedures, program information, and service options on-site. Additionally, and when warranted, general recruitments may specify a preference for bi-lingual capabilities. If approved by management, and subject to any applicable collective bargaining agreement, staff filling bi-lingual positions may be eligible for supplemental pay. • Training. The County periodically offers Spanish language classes within its catalog of training opportunities that are open to all staff members with supervisor approval. Additional training opportunities in language and interpretation may also be offered on occasion at the discretion of individual departments. • Written Communications. Many brochures and informational materials are routinely translated and printed in Spanish. Public notices and records, meeting and hearing schedules, minutes and supporting documents, and other printed information may be translated into alternative languages upon request. • Verbal Communications. Departments may access independent interpretation services, including private contractors and consultants, computer software, and language lines to communicate with clients and customers in-person, during group meetings, and on the telephone. Minority Representation: A copy of the Deschutes County Minority Representation table is attached to this document as Appendix E. More information regarding minority representation can be found in the County's Equal Employment Opportunity Plan. Reporting: Deschutes County will report information required to determine compliance with Title VI of the Civil Rights Act as required by federal and state government agencies for grant funding and other purposes. The contents and format of such reports will be determined by the requesting party. Appendix A DESCHUTES COUNTY TITLE VI NOTICE Deschutes County operates its programs and services without regard to race, color, or national origin in accordance with Title VI of the Civil Rights Act. Any person who believes she or he has been subjected to an unlawful discriminatory practice as defined under Title VI of the Civil Rights Act may file a complaint with the Deschutes County Department of Administrative Services. For more information about Deschutes County's civil rights program and the obligations and procedures required to file a complaint: • Call 541-388-6570 • Visit the Deschutes County Department of Administrative Services located at: 1300 NW Wall Street, Suite 200 Bend, OR 97703 • Write to: Department of Administrative Services Deschutes County PO Box 6005 Bend, OR 97708-6005 • Download the document from. Deschutes County's website at www.deschutes.org. When applicable, a complainant may also file a Title VI complaint may also be filed directly with any federal agency that supplies funding to Deschutes County in support of the applicable program or service in which the alleged incident occurred. Examples of federal agencies that provide funding to the County include, but are not limited to, the U.S. Environmental Protection Agency, Department of Agriculture, Department of Justice, Department of Health and Human Services, Department of Homeland Security, and Department of Transportation. Contact information for the Office of Civil Rights operating in such agencies may be found online. If this information is needed in another language or format, please call 541-388-6584. Si se necesita esta information en un idioma o formato diferente, por favor llame a 541-388-6570. Appendix B DESCHUTES COUNTY TITLE VI COMPLAINT FORM a r ,` as iv` " \ \\i,\ \ : \. \'TaTig, \\1111 Name: Address: City, State, Zip Code: Telephone(home): Telephone(work): Email Address: Check the box if you require Large Print TTY Audio Tape Other this form in an alternative format. ❑ ❑ ❑ ❑ ;1 \‘‘mormism ,,Itqwwormilmwwitt Are you filing this complaint on your own Yes No behalf? ❑ ❑ If yes, skip to Section III. If no, please supply the name and relationship of the person you are representing. Explain why you have submitted a claim on behalf of a third party. Confirm that you have obtained Yes No permission to submit this claim by the third party. ❑ m,. xu�m�,nd� n ', a ,`, \ 'i VVMUIBA�!��;lP �w\,.��',;�." ,,N� 4`ti „`,,.; V', �ua �i to',�d . Identify the factor(s) on which you believe the alleged discrimination was based. Date of alleged discrimination: Name of County department and/or facility where alleged discrimination took place: Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all person(s) who were involved, including the name and contact information for the person(s) who allegedly discriminated against you if known. List name(s) and contact information for any witnesses to the alleged discrimination. ,;ry i o 4\1 \1\r ;r� Have you previously filed a Title VI Yes No complaint against Deschutes County? ❑ ❑ i a \ \ %;,6111114%11, a\`y\ tit\k$\\.1,;w?� mt �\ «h \r \ti w \, PMH o \ \m \N \\ \ti ` `, q\t\V +\;,,,M\q�,� 1 \\\ \\�\ pf;, \\J u\ S q\\""\„ Have you filed this complaint with any Yes No other federal, state, or local agency, or with any federal or state court? ❑ Y ❑ If yes, check all agencies or courts in Federal Federal State State Local which a complaint was filed and enter the Agency Court Agency Court Agency name of the agency or court. ❑ ❑ ❑ ❑ ❑ Name: Name: Name: Name: Name: Provide contact information for the Name: person at the agency or court who Title: received and/or investigated this Organization: complaint. Address: City, State, Zip Code: Telephone: If you need more space to complete the information above,please attach additional sheets and label your responses to correspond with the section number and question shown on the form. If you have other written materials or supporting documentation that you believe is relevant to your complaint and should be considered during the investigation, please attach it to this form. g g P Sign and date this Title VI Complaint Form below: Signature Date Printed Name Hand deliver this form to: Or mail it to: Department of Administrative Services Department of Administrative Services Deschutes County Deschutes County 1300 NW Wall Street PO Box 6005 Bend, OR 97703 Bend, OR 97708-6005 U \` `r a) 1, `' ['''''''':: ,,,i,::: t kit E-1"11\44 tki,t o ;,, v '0 COT cn ' ''\ V;, ' 1,\A a ,,i641;:li: 'a i ‘,'il '\,,,"%l, Crs z d i' l'\'' C/1 E 1 0 p-i x e d E ` W E-i y \w,0 ,Lt\111,1\\\ki W . a O E I `p.\ 614 c6)d4N'd A1 CID A ,i,.,‘,N''\,\','A‘,14A:d‘'d\' A` A" het0 1 y .-. N M a . CV M 4 : —1 N M .4 Appendix D DESCHUTES COUNTY LIMITED ENGLISH PROFICIENCY (LEP) Analysis: The language proficiency information shown in the table below is based on the U.S. Census Bureau 2013 American Community Survey and represents residents five years and older. The data indicates that the most significant number of LEP persons residing in Deschutes County is Spanish-speaking. This factor is expected to remain constant as the Hispanic/Latino group continues to be the fastest-growing minority group in Deschutes County. Language Spoken At Home Less Than Very Well English 141,437 0 Spanish 7,225 3,130 Other Indo-European 1,520 248 Asian/Pacific Islander 947 376 Other 117 16 Frequency: The most frequent exposure to LEP individuals occurs within the County's Health Services Department. The Department offers services in more than 40 locations, including public schools and school-based health centers,hospitals, social-service organizations, health clinics, care facilities, and homes. As a result, the Health Services Department employs the largest number of English-Spanish speakers within the County organization. Bi-lingual staff members are recruited on an ongoing basis in the roles of both clinical and support staff to ensure that LEP clients can access services and have their health care needs met. The Department also offers Equity and Inclusion training to all employees and supports staff members who wish to become certified as Healthcare Interpreters. Additionally, the Department prints and posts public notices and informational brochures in both English and Spanish and uses external translation and interpretation services when needed. Importance: Although many programs and services offered by Deschutes County are vital to the LEP community, health care appears to be the most significant. The Health Services Department offers disease prevention, chronic illness treatment, family planning, child wellness, women, infants, and children (WIC)nutrition, immunizations, substance abuse treatment, suicide prevention, and emergency preparedness. Additionally, many of the Department's clients come from disadvantaged, vulnerable, or undcrserved populations and require special accommodations to access the same services that are more widely available to others. Resources and Costs: Although not unlimited, Deschutes County does provide adequate resources, upon identified need, within the annual budget for bi-lingual recruitments, Spanish language courses,printing, and translation and interpretation services. w a Q 00 a el 4 z 0 = 4t Q d p t!') N Er; oo MI C) •G cp PO -- 0 M C5 CO 0 z N fli H o c F 1. o H o z y, E w cA PI z ° E-1 0 flo ly m oo •--. Q O• a � 2 nu ci)A H •� V a - C O -� cn -0 0 0 3 r t— cc Q n0000 -- 0 C) 0 -0 Q 0 r oc.° = 0 4;5 -;-_, a 0 5 a � E 0 p0 °" d ›, � 0 +' ri) C C 'r7 ti v1 = = Et) co C7 C7r14 � z Community Development Department Planning Division Building Safety Division Environmental Soils Division P O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Matthew Martin,Associate Planner YjCs)( Nick Lelack, Director DATE: January 2016 SUBJECT: Citizen Advisory Committee on Marijuana Land Use I. SUMMARY On December 21, 2015, the Board of County Commissioners (BOCC)voted to temporarily ban marijuana business in unincorporated Deschutes County. The BOCC discussed forming a committee of citizens to provide input regarding reasonable time, place, and manner regulations of marijuana land uses in unincorporated Deschutes County. II. COMMITTEE CHARTER/RESPONSIBILITY The CAC will: 1. Develop and recommend reasonable time, place and manner regulations for[medical and/or recreatio_nal?]marijuana land uses to the Board of County Commissioners(BOCC). The BOCC may or may not adopt the CAC's recommendations as proposed or modified if the BOCC or voters rescind the opt-out ordinance in its entirety or in part by: a. Considering the Planning Commission's recommendations. b. Taking a balanced and respectful approach as a member of a diverse committee with strong opinions on all sides of this important issue. 2. Monitor regulations adopted by other jurisdictions including legal challenges, and State Legislative action to gain a better understanding on interpretations of"reasonable regulations." 3. Comply with Oregon Public Meetings Law(information will be provided to CAC members at the first meeting). The CAC will not: 1. Discuss or recommend whether the BOCC should rescind or maintain the opt-out ordinance. 2. Address moral,social, economic, public health, or similar issues. 3. Advocate for or direct the County to commission studies of water,energy, economics,affordable housing, or any other issues. Quality Services Performed with Pride III. COMMITTEE FACILITATION&MEMBERSHIP Facilitation A citizen committee may be facilitated by a professional facilitator or County staff. Membership Committee membership may include: COMMITTEE SUPPORT STAFF AND VOTING MEMBERS TECHNICAL EXPERTS NON-VOTING Marijuana Industry(2) City Staff(Bend, La Pine) Rural Property Owners/Residents (4) County Planning Land Use Attorneys (2) County Legal Department Oregon Farm Bureau (1) County Code Enforcement Planning Commission (2) Deschutes Basin Board of Control (Irr. Dists.) At-Large (1) Deschutes County Sheriff s Office Fire District Oregon Water Resource Department Utility Provider TOTAL: 12 Meeting Minute Taker(CDD or Admin) IV. SCHEDULE Draft schedule for committee recruitment,appointment, meetings,and check-in: Committee Member Application Process Late January Board Appointment of Committee Members Early February Committee Meetings February-March 90-Day Check In with the Board Monday, March 21 -2- ICY (1./Cr - Community Development Department Planning Division Building Safety Division Environmental Soils Division 1.11000,41.1�. ,:>;; r :;e,t!ti wY(YroKaafk, ,$i,.,ye� ��ap tYr a,wvr,,a„r r ,1■ P.O Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ CITIZEN ADVISORY COMMITTEE ON MARIJUANA APPLICATION The Citizens Advisory Committee on Marijuana (CAC Marijuana) will provide recommendations to the Board of County Commissioners on reasonable time, place, and manner marijuana land use regulations. The CAC Marijuana meets the 1st and 3rd Thursdays of each month, February 4 through May 19, from 4:00 p.m.to 7:00 p.m. in Bend. Additional meetings may be required. Name: Home Address,Telephone&Email: Do you agree to uphold the attached CAC Marijuana Charter/Responsibility(page 2)? Please check one: Yes ❑ No n Are you able to attend the meetings on the attached schedule? Please check one: Yes ❑ No ❑ Statement indicating reason you would like to serve on this voluntary committee (please limit your response to the space below only and do not attach additional pages). I certify that that the foregoing is correct to the best of my knowledge. Name Printed Date Signature To request this information in an alternate format, please call (541) 330-4640 or send an email to Whitney.Malkin @deschutes.org. Quality Services Performed with Pride CITIZEN ADVISORY COMMITTEE ON MARIJUANA CHARTER / RESPONSIBILITY The CAC will: 1. Develop and recommend reasonable time, place and manner regulations for Ledical andJor recreational marijuana land uses to the Board of County Commissioners (BOCC). The BOCC may or may not adopt the CAC's recommendations as proposed or modified if the BOCC or voters rescind the opt-out ordinance in its entirety or in part by: a. Considering the Planning Commission's recommendations. b. Taking a balanced and respectful approach as a member of a diverse committee with strong opinions on all sides of this important issue. 2. Monitor regulations adopted by other jurisdictions including legal challenges, and State Legislative action to gain a better understanding on interpretations of"reasonable regulations." 3. Comply with Oregon Public Meetings Law (information will be provided to CAC members at the first meeting). The CAC will not: 1. Discuss or recommend whether the BOCC should rescind or maintain the opt-out ordinance. 2. Address moral, social, economic, public health, or similar issues. 3. Advocate for or direct the County to commission studies of water, energy, economics, affordable housing, or any other issues. 2 1/13/2016 Document Reproduces Poorly (Archived) Special South County Presentation BY DESCHUTES COUNTY Commissioners and Staff January 15, 2016 SOUTH COUNTY CAPITAL PROJECTS ► ODOT: US 97/Wickiup Junction • US 97: Romaine Village Way- Lava Butte (2016) Median Barrier Safety project <= US 97: S. Century Drive - USFS Boundary (2016) 4 Lane (Development only) o US 97: Bend - Spring Creek Hill (2016) Variable Speed Limit Signing (Development only) • US 97: Sunriver Interchange -- OR 31 (2018) Pavement Preservation and La Pine Streetscape 97: Corridor Freight Plan (2016) z 1 } w 1/13/2016 HUNTINGTON ROAD/ DEER RUN PAVING - 2016 ■ Project will pave and modernize the existing 2.4 mile unpaved portion of Huntington Road. ■ Project will include turn lanes at Riverview Drive and Deer Run. ► Project Cost: $1 .8M ' 7u 117 @A7anp,i, a. (C D 1 BURGESS ROAD/ DAY ROAD TURN LANES AND REALIGNMENT - 201 7 ■ Project will include turn lanes on Burgess Road at Day Road (preliminary design scope) ■ Project will re-align offset at Pine Forest Drive ► Project Cost: $1 .0M+/- IF df9t,w' 2 1/13/2016 9- 1 - 1 MAY BALLOT MEASURE ■ The 9-1 -1 Service District is replacing an end of life radio system that will also allow responders to communicate in places where they can't today. ► In 2014, a consultant estimated a new radio system would cost $ 13 million. ■ Rather than build its own system, 9-1 -1 has partnered with the State Radio Project, which reduced the cost to $6.5 million. �J�Ec C0 V { 9- 1 - 1 MAY BALLOT MEASURE ► The District has accumulated cash reserves to pay for the new system without incurring debt. ► What the District lacks are funds to maintain and eventually rep/ace the system. ■ The District wants to change its permanent levy rate to 42.5 cents, which is 6.32 cents higher than current levy rates. �T! • { e 3 1/13/2016 SHERIFF SHANE NELSON ; „ :•,•••,,,,•,!:,',.,§4 , . ,, ,. • , Ili. :,•,,,t,:•::,ii.4s.• '•^ - - • .O... 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