2016-211-Minutes for Meeting May 11,2016 Recorded 6/3/2016DESCHUTES
NANCY BLANKENSHIP,FRECORDS COUNTY CLERKCJ 2Q16'Iii
COMMISSIONERS' JOURNAL 05103/2015 02:30:35 PM
IIIlilll11lllilllll 111III
2016-211
For Recording Stamp Only
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 BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MAY 11, 2016
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone.
Also present were County Administrator Tom Anderson and Deputy County
Administrator Erik Kropp; Dave Doyle, County Counsel; Nick Lelack, Anthony
Raguine and Matt Martin, Community Development; James Lewis, Property &
Facilities; and approximately fifty other citizens, including representatives of the
media.
1. CALL TO ORDER
Chair Unger called the meeting to order at 10:00 a.m.
2. PLEDGE OF ALLEGIANCE
3. CITIZEN INPUT
None was offered.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 1 of 21
CONSENT AGENDA
DEBONE: Move approval.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
4. Board Signature of Document No. 2016-270, Granting a Public Easement to the
City of Bend
5. Board Chair Signature of Document No. 2016-245, Amending the Funding
Agreement with the Oregon Health Authority regarding Mental Health Services
6. Board Signature of Document No. 2016-162, an Intergovernmental Agreement
with WEBCO regarding Behavioral Health Services
7. Board Signature of Minutes:
• Work Session: May 4, 2016
• Business Meeting: May 4, 2016
ACTION ITEMS
8. Before the Board was Consideration of Board Signature of Document No.
2016-251 and Document No. 2016-252, Bargain and Sale Deeds for Property
Donations to Redmond Habitat for Humanity.
James Lewis presented two representatives of Habitat, and gave an overview of the
item, which involves two older homes in the Redmond and Terrebonne areas. He
has been working with Habitat to see if they
Last summer a Redmond property was donated to Habitat and it has been
remodeled and is ready for a new family.
Scott Brown and Bob Trout of Redmond Habitat thanked the Board for the Black
Butte Avenue house. They had to take it down to a shell, rewire, mitigate for
asbestos, replumb, insulate and replace old appliances and add a heating system. It
was built in 1925, but is virtually a new home. They get volunteer help and
volunteers can be more involved if it is a remodel rather than a new structure.
They'd love to get the other properties for that same reason. There is a lot of
demand for this type of housing.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 2 of 21
Mr. Trout said that he has been involved for five years and it is very worthwhile to
support the projects.
Chair Unger said that most foreclosures go to auction at the Courthouse, but the
Board realizes the challenges of affordable housing. Commissioner Baney noted
that these are part of the auction properties through the County and not the same as
a bank foreclosure. She is proud of this Board that they will address the housing
crisis in any way they can. Service industry workers come against significant
barriers to finding housing. The benefit to the community is greater to get these
into affordable housing than to get the potential revenue. This is not a hand-out
but a hand -up, and people have to work for this. The role someone plays as a
homeowner is critical. She spoke about the Housing Council and AOC to find out
if there are other communities throughout Oregon that could do the same. This is
significant.
Commissioner DeBone stated that there are other Habitat groups and each
organization is considered as properties come up in a specific area. The hope is to
get a homeowner into these properties and keep the properties in affordable
housing.
Commissioner Baney said in 2008, they donated Bend properties that were
considered unbuildable, but now have two homes on them due to hard work and
creative ideas from the Bend Habitat group.
Mr. Lewis stated that the Board had asked about insuring that the affordability
remains long term. The family has to meet qualifications, and when they purchase,
there are restrictions on the deed regarding retention of ownership and when it is
sold, the price range needs to be within affordable housing guidelines. This is a
way to ensure that there is a pool of affordable housing.
Mr. Brown said that they want people to stay in the home. They have to live there
five years to get any equity from a sale. After five years, they will get 1/360 of
their equity. They are frozen from built-in equity at the time they move in. There
is a restrictive covenant that say it has to remain in a particular income range. It
benefits the people to stay.
DEBONE: Move approval of both deeds.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 3 of 21
9. Before the Board was a Public Hearing on an Oregon Department of
Transportation (ODOT) Noise Permit (File #247-16-000104-0.
Chair Unger opened the public hearing and the opening statement was read.
Anthony Raguine gave an overview of the process and the issue.
The Commissioners had no conflicts of interest to disclose. Commissioner
Baney said she is Chair of the Oregon Transportation Commission, but is not
involved in this particular issue. There were no challenges from the audience.
Mr. Raguine referred to a PowerPoint presentation and a map of the affected
areas.
Bob Townsend, the project construction manager, explained that once they
determine a project is necessary, they come up with a timeframe. They want to
minimize delays to the flow of traffic. If they did construction during the day, it
could result in an hour or more delay for drivers, so they look at alternative
timeframes. The majority of work should be done at night. They hope to
mitigate all they can.
The activities last about two to three weeks but they asked for a longer
timeframe to be flexible as to when this happens. Most work will be widening
the shoulder, done primarily during the daytime. The work that violates the
noise ordinance is after 10 p.m. Some noise will be prohibited if it exceeds
normal traffic noise. They are utilizing a different paving method that means
removing less of the existing roadway. Grinding and paving would exceed
normal traffic noise, but it should only take two to three weeks. There is about
two hours over four nights that they would exceed normal highway noises, in a
one -mile stretch of road.
They are assuming this will take place about mid-August. Chair Unger said he
feels they are trying to mitigate any issues with the public. Commissioner
DeBone asked if the public will be notified when this will take place. Mr.
Townsend replied there will be a weekly update on activities and can address
specific concerns on a case by case basis.
Kathy Leming lives on Parrell Road, and her backyard is on the highway. She
is not concerned about the noise level from grinding or other temporary work.
She is not sure why there is not an improvement by adding sound walls between
Murphy Road and China Hat Road. She knows there are sound walls all along
the parkway, and this is not within the scope of this work.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 4 of 21
Gary Larsen of ODOT replied that it is the type of project for pavement
preservation and not modernization. That is triggered separately. There is
another option, the retrofit, but there is not a lot of money for it. Residents
would have to gather enough folks to come to ODOT to ask for this and also
offer some funding. He checked with the State in Salem and the amount of
money they need for safety issues and preservation is taking up the majority of
funding.
Ms. Leming asked if the parkway residences had to contribute. Mr. Larsen said
that it was a new, modernization job and was looked at differently.
Commissioner Baney stated that the various buckets of money do different
things. This is a safety project and not for modernization. They have to use the
resources they have to deal with safety issues and road preservation first. This
project is not classified for modernization. She would be happy to speak to Ms.
Leming further on this.
Ms. Leming said she wants to pursue a sound wall and for safety as well. She
feels homes are too close to the highway as it is.
Commissioner Baney stated that she is glad ODOT is willing to work towards
trying to complete this project with as little negative impact on the public as
possible. Commissioner DeBone added that he understands that even though
the permit timeframe is for all summer, the impacts will not be that great.
BANEY: Move approval.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE CONTRACT REVIEW BOARD FOR DESCHUTES
COUNTY
10. Before the Board was Consideration of Board Signature of Order No.
2016-021, Denying the Award of a Contract for a Research and
Development Social Marketing Campaign.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 5 of 21
David Doyle provided an overview of the item. The Board previously
supported denying the protest, and this is shown in the Order.
Chair Unger clarified that this was discussed and the Order says that the Board
heard the concerns but supports staff. Mr. Doyle stated that the denial was due
to no legal basis for supporting the protest.
Commissioner DeBone read information on the reasons for the social marketing
campaign. Commissioner Baney supports the Order. She wants to reiterate
with the departments to try to utilize the expertise that is locally available
whenever reasonable. She stops short of local preference because this can be a
detriment to companies here working in other places. In any case, it needs to be
the best contractor for the work.
Tom Anderson said he knows the departments know the benefits of having a
local contractor for various reasons. He will reiterate this at the next
department head meeting. Commissioner Baney likes to use local talent but
there are occasions when another company from a different area offers a better
product or service. Commissioner DeBone stated that the process was done
professionally.
DEBONE: Move approval.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$75,460.52.
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 6 of 21
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
12. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District.
There were no weekly vouchers for the District this week.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13 Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $2,415,624.38.
Tom Anderson advised that about one third of the amount was bonded debt
payment, and some was for the on-site pharmacy, and payment to WEBCO per
an intergovernmental agreement.
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
14. OTHER ITEMS
Before the Board were Deliberations on Marijuana Land Use Regulations
and Related Issues (Continued from the May 9 business meeting).
Nick Lelack provided a brief PowerPoint presentation to make sure everyone is
on the same page. (A copy is attached for reference.)
The board has reached provisional agreement on processing standards. A
conversation on other key issues will begin today. There are a few issues on
which staff would like further clarity.
After today's meeting, staff will draft findings and ordinances to change Code,
which are local laws. They hope to post this by May 31 and the Board will
consider adoption of the Ordinances on June 8. It is not realistic to draft all the
regulations with Legal review and findings any sooner. It is important to have
the full Board here as well. Budget meetings take up another whole week.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 7 of 21
The Board may still decide to revise or amend some of the language until
adoption. Ordinances take effect 90 days after the second reading unless the
Board choose to adopt them by emergency, which can move up the effective
date. No one expects the Board to adopt an ordinance today to rescind the
existing opt out, but it will be discussed.
Commissioner Baney stated that she is worried about a two-week lag, and
would be willing to call in if necessary from the conference she has to attend on
May 25. The Board will consider this and staff will confirm if this works.
They have a lot of work to do on this matter.
Commissioner DeBone reminded people this is land use, and it should not
happen too fast. It needs to be methodical, although it can be painful. They
need to figure out all the details and there are a lot of steps. Commissioner
Baney said that the emergency clause is used for safety or public health reasons,
or to align with new State laws. She does not think this needs to be by
emergency if it primarily for business reasons.
Commissioner DeBone asked if the matrix they have is what they should refer
to. Mr. Lelack said that the Board has the latest matrix on production and
processing, and the other aspects that have not yet been discussed.
Commissioner Baney would like to revisit noise and square footage
requirements. Mr. Lelack referred to the presentation regarding production
standards.
Chair Unger read the standards for noise control. The Board agreed with what
was shown. Mr. Lelack said there are two ordinances for noise control. One
includes a carve out for the right to farm laws. The rest would be a maximum
of 40 decibels. Commissioner Baney wants to seek balance. With setbacks and
technology, she would like to recommend a limit of 30 decibels. This would be
for ongoing noise and not intermittent. There are new technologies to address
this so it can be closer to silence. She wants to know if this is possible or truly
can't be done. They can always change this.
Commissioner DeBone stated that a car idling or a radio can cause noise.
Sometimes it is the type of noise. Commissioner Baney replied that intermittent
means not running 365 days a year. The information provided on what a rural
setting would be does not mean silence, but finding a balance. Commissioner
DeBone wondered if 30 decibels is too strict.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 8 of 21
Commissioner Baney said they will have some issues regardless, but she would
like to start there. It can be revisited and adjusted. Chair Unger supports
starting with a higher bar, and they can examine specific situations as
necessary. He wants to protect quality of life and have standards that most
everyone can live with. It is a global process and they need to try to be fair.
Commissioner Baney stated that if someone does not want to invest in
technology to mitigate noise, they might decide on a bigger setback or
configuration. She is concerned mostly about sustained noise. The startup of a
generator or intermittent noise is not a part of this. Commissioner DeBone said
that a wall may also keep the sound from traveling.
The Board consensus was for a maximum of 30 decibels. Mr. Lelack said the
finding will give context to what is intermittent and what isn't.
Regarding building sizes, Mr. Martin said they are on page 8 of the matrix.
Commissioner Baney said that 1598 relates to medical establishments and the
Board has to grandfather them. Mr. Lelack agreed, but only relating to setbacks.
Mr. Martin said the County cannot impose a setback for an agricultural building
that is licensed for medical and recreational if constructed prior to July 1, 2015, if
it was registered before January 1, 2015 for medical; it would need opaque walls
and a roof. The County cannot prohibit the use of that building. Commissioner
Baney said that these were lawfully established and are outside the Board's
purview. Chair Unger stated they can impose odor and noise standards.
Commissioner Baney would like to continue with the size discussed but with the
ten to twenty acres as a tier 1, with an exception process for special
circumstances that might allow this. She would like to consider 10,000 square
feet for twenty acres. There was not much discussion of larger than this, but that
would be appropriate for larger operations.
Chair Unger pointed out the OLCC has grow regulations and how this should be
considered. Mr. Martin said the County is trying to align with this. They are in
the rulemaking process for micro -canopy standards. He explained the OLCC
criteria for their tiers.
Commissioner DeBone pointed out that being indoors controls the growing
environment, and this could mean four crops a year. Outdoors can be just once a
year here. The reality is that they might get three crops a year here indoors; this
should be tier 1.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 9 of 21
The Commissioners discussed whether this criteria is just for recreational grows.
Commissioner DeBone noted that recreational is square footage based and
medical is based on the number of plants. They can be very different.
Mr. Martin stated that he is speaking to the tier levels for reference only. Code
would need to be specific regarding mature canopy square footage, and allow the
producer to select with license they will pursue. Chair Unger said that the
legislature is gearing up to have medical go into a hybrid medical/recreational,
which almost allows both to be under the medical program. Mr. Martin noted
that there are some trends with the industry and regulatory authorities, but they
need to deal with what is known today.
Mr. Martin clarified that for five to ten acres, someone could have 2,500 square
feet; ten to twenty acres, 5,000 square feet; and twenty to forty acres, 20,000
square feet; with up to 40,000 square feet beyond this acreage size. They could
apply for inside or outside as long as the mature canopy is within the allowed
numbers.
Commissioner Baney said that she would like this to include twenty to sixty acres
at 20,000 square feet, and 40,000 square feet over sixty acres. She is worried
about unintended consequences. Chair Unger prefers that they be conservative to
start and allow for a variance if a specific situation fits, if it is within the time,
place and manner criteria. They are trying to manage what is here and think
about what the future might bring.
Commissioner DeBone is not supportive of the variance process, since it can turn
into a stream of applications, reviews, decisions and appeals. Chair Unger said
they need to try to set conditions for this area's unique EFU lands. He wants to
manage this conservatively, but recognizing that there might need to be
adjustments.
Chair Unger stated that this is for EFU; what about MUA. He asked if it should
be totally indoors. Mr. Lelack said that they need to know if this would be
permitted or a conditional use. They have more discretion with MUA than with
EFU. Commissioner DeBone said that this is where the variance process might
come in. Mr. Lelack added that most MUA properties are smaller, with the
average size less than four acres. Commissioner Baney asked if they should take
less than ten acres off the table. Commissioner DeBone would like to be
consistent, with five to ten acres allowing a 2,500 square foot canopy, enclosed.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 10 of 21
Mr. Martin asked if this would be for recreational or medical, new or existing,
with a conditional use permit, fully enclosed, with a 2,500 square foot maximum
total structure. Commissioner Baney said she wants to find balance, and to start
small. They could prohibit this outright anyway. This will help give certainty to
the number of ancillary buildings.
Chair Unger asked if they would be grandfathering the existing structures.
Commissioner Baney said that if it is enclosed, it is permitted if they already
have a license. Going forward, she would like to make it more finite for that
small acreage. Over ten acres it could be a conditional use for a maximum of
5,000 square feet.
Chair Unger asked for clarification; whether it is 2,500 square feet in relation to
growing and other work areas; whether it is for all the business or if they could
have something separate to store tools or equipment, have a break room, and so
on. Commissioner Baney wants it to include everything. If they need another
building for other things, it would have to be part of the overall allowed square
footage. She asked what the footprint is for commercial activities.
Mr. Martin replied that he believes they are to focus on the square footage of the
canopy, not other areas for starts or other stages of production, but it sounds as if
the Board wants to include everything. Some farmers might be growing lavender
or other farm products as well, that can't be in the same building; and have
equipment or workers for the total farm operation. Some of this might be shared,
such as parking, tools, supplies and a break room.
Commissioner DeBone asked how they are to store propane. Randy Scheid of
Community Development explained that this is regulated by the Fire Marshall.
Anything mechanical is regulated by the County.
Chair Unger asked if setting up a footprint for marijuana production means they
can't grow something else. The mature canopy is what needs to be limited.
Regarding business license and reporting, Mr. Lelack said that there can be a
requirement for an annual report, a fee and a consent to inspect. The fee could be
$750 or $1,000. The City of Bend charges less, but they don't have to deal with
distances and already have a license program.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 11 of 21
The idea is to fold everything into reporting or a license. They would have to
comply with the local land use decision, state licensing requirements, and health
and safety regulations. Failure to comply or to submit as required could result in
a variety of impacts. The OLCC has not decided how they will proceed with
their license removal process. The land use decision could be revoked. If they
are not in compliance, it could result in a hearing before a Hearings Officer.
Commissioner Baney asked what happens if someone does not live on site and
has four employees. They should have to provide for their employees' sanitation
and public health. Mr. Lelack said this would be referred to the Building
Division for compliance.
Mr. Scheid said this would not be triggered by a hoop house. They can have
restrooms on the property. Commissioner Baney asked if those can be portable.
Mr. Martin stated that there are DEQ standards to address this, whether facilities
should be temporary or permanent. Other farm operations have employees and
follow these standards. Commissioner Baney said she is talking about ongoing
activities on a property, not just picking berries for one season. Mr. Martin said
their focus is on land use, but there are other requirements through different
agencies and departments.
Chair Unger stated that it needs to be reasonable regarding how this is handled.
Good business owners will provide what is needed. They need to create a path
for this to happen. Commissioner Baney said that if they intend to have a 365 -
day a year business, they should meet a certain standard. Some people will need
to be told to do the right thing. This cannot trigger the ability to build a home
since some properties cannot have a home on them.
Mr. Lelack said that the conditions of approval agreement is recorded against the
property that explains the land use part and notifications, so someone else can
continue in good standing. It could contain a good neighbor type policy, if this
can be determined. This binds the annual report and inspections. The annual
report will be public record.
Mr. Lelack asked the Board if they feel this is a .good starting point or are they
interested in more of a business license program? Commissioner DeBone said
that a year after start-up, they will know if there are issues. However, he feels the
fee seems high. Commissioner Baney said that they can adjust it but need
somewhere to start. Contrary to what some people think, money isn't falling
from the sky to the County. The taxes are paid at the dispensaries, in the cities.
The County needs to be responsible to all the taxpayers.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 12 of 21
Chair Unger stated that a yearly review is important to ensure compliance.
Commissioner Baney would like the license terminology to stay with the OHA
and OLCC, and this should instead be referred to as an annual review and report.
Mr. Lelack said it would be referenced in Code, the same as the destination resort
overnight lodging requirements, but they do not define in Code exactly what is in
the report. This is administered outside of Code to allow for flexibility. This
would be in land use Code, as business licensing would have to go elsewhere.
Commissioner Baney does not want this to be a business license but an annual
report. Mr. Lelack said this could be handled at the staff level, and they can also
deal with non-compliance issues. The Board establishes the program.
Commissioner DeBone asked about changing the fee. Mr. Lelack replied that
this would not be stated in Code, but would be just part of the program. They
won't know exactly what is right for probably a year. The fee could be handled
as a deposit as well.
Mr. Lelack brought up access and production. Chair Unger said a concern is
private access. If the use of the road is the same, why would someone have to get
permission from the neighbor. If the use creates more wear and tear, they can
consider how this might be adjusted accordingly. Commissioner Baney stated
that there would be more of an impact. They might have a residential use and
now there is additional business use. This would not be typical farm practices.
Chair Unger noted that there might be just a couple of people.
Mr. Martin said that the average daily traffic for a single family dwelling is ten
trips; a trip is in one direction. Chair Unger said they may have to work with the
neighbors if they generate more than that. Commissioner Baney asked if it would
be different for MUA or EFU. Mr. Martin asked how they can measure the
average number of trips, since one day might be busy and another one quiet. The
average is based on a large scale over time. He wants to be cautious about
having a standard for specific days.
Chair Unger stated that ODOT does peak hour trips using a formula, rather than
days. It needs to be reasonable. He does not want to be over -prescriptive. Mr.
Lelack said it would be hard to demonstrate or document a trip cap, and to
monitor for different types of farm uses. They also have to know if there is going
to be an impact on roads. Commissioner Baney asked for Peter Russell to weigh
in on this.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 13 of 21
Mr. Lelack observed that:
• Processing will be the same standards as production.
• There will be an annual report.
• MUA processing already requires a conditional use permit.
He asked if the Board wants to discuss size limitations for processing.
Commissioner DeBone said that the footprint could be smaller. Square footage is
not as big an issue. Commissioner Baney asked if they could cap this at 2,000
square feet. Some testimony has been that not as much space is needed.
Commissioner DeBone wants the processing to be only for what is grown on the
same property, and not to set up a big processing location. Commissioner Baney
noted that mint is handled this way. Chair Unger asked, if they are putting in a
limit, does this mean they are cramming everything into a smaller space. He
wants to allow for separate processing with appropriate safety controls. He does
not want to limit some things to make the space less safe. There has to be a
better way than limiting the size of the building.
Commissioner Baney said it depends on the type of processing. Some use
solvents or other exempt packaging. Chair Unger wants to create space that is
protected so it does not impact others, to keep some things contained.
Commissioner Baney stated she could go with breaking it down a little. It could
be allowed on MUA as a conditional use. Commissioner DeBone does not want
someone processing for others except maybe on EFU.
Commissioner DeBone asked if there is a separate license for processing. Mr.
Martin said there is. There are a lot of restrictions and requirements through the
OLCC. Commissioner DeBone stated that the square footage should be relative
to the intent of the operation. It might be safer to have more room for separation.
Commissioner Baney would like this narrow now and adjust it later. She
proposed 2,000 square foot for processing in addition to the allowed grow area.
Chair Unger said that 2,500 square feet sounds okay for processing on EFU.
Commissioner Baney asked if this would be on twenty acres or more. Chair
Unger said that it could be ten acres or more. Commissioner Baney stated that
this should be the entire maximum for ten acres, with nothing extra. There
should be no exception for between ten and twenty acres.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 14 of 21
Chair Unger would like an exception process for less than ten acres if all else fits,
for MUA. Mr. Lelack said they can't do as much to affect EFU, but MUA needs
to be reasonable. Commissioner Baney feels 2,500 square feet for processing is
adequate.
Mr. Lelack confirmed that MUA processing is to be incorporated in the five to
ten acre range; for ten to twenty acres, within the 5,000 square foot maximum
building space area; and overall marijuana facility would be limited to this.
There would be an overall cap of 2,500 square foot of floor area for processing
for all sizes of EFU, and no exceptions if over ten acres. For EFU five to ten
acres, 2,500 square feet for processing, and the same for up to twenty acres.
Retail/Dispensary:
1. Agree with the MAC findings.
2. Agree with the MAC findings.
3. Agree with the MAC findings.
4. Agree that there should not be a social club or smoking club on same
property; this is illegal at the State level.
5. Regarding 1,000 feet of separation from parks, Mr. Martin explained this
would be Tumalo State Park, Smith Rock State Park, Newberry Monument,
and Cline Falls State Park, but probably would only be applicable to Tumalo
State Park. This does not include churches, or other kinds of parks. They
would measure 1,000 feet from the lot line of the park to the premises of the
dispensary or retailer. This is what the State proposed. The Commissioners
agreed.
6. Regarding minors not being allowed on site, there are State standards for
retailers. This is age 18 for medical dispensaries and age 21 for others. The
Board agreed.
7. In regard to what hours to be open to the public, there was no MAC
consensus. The State allows 7 a.m. to 10 p.m. for recreational, and 10 a.m. to
7 p.m. for medical. Some counties allow 9 a.m. to 7 p.m. Liquor stores are
allowed to be open from 7 a.m. to 10 p.m. The Commissioners agreed that 9
a.m. to 7 p.m. is reasonable.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 15 of 21
8. In regard to odor control, there was no consensus. The Planning Commission
did not address this for retail. It is not as prominent at this level.
Commissioner DeBone feels an active filtration system is overkill. Chair
Unger noted that there is only one retailer in the County so they should follow
Jackson County; it is not onerous. Commissioner Baney wants them to
address odor and a filtration system effectively, however they do it.
9. Concerning grandfathering existing dispensaries, Mr. Lelack said there is only
one approved so far, on Spring River Road. It is permitted but not yet open.
The question is whether to allow them to convert from medical to recreational,
or a combination of both, and have it grandfathered. The Planning
Commission recommended this be a conditional use for recreational and the
MAC agreed. This would include site plan approval, but this location has
already had this. Mr. Martin added that it would not require an additional
conditional use permit. The conditions on site would be the same. The Board
agreed that grandfathering is not needed.
10. Regarding outdoor patio space for retailers, visible to the public,
Commissioner Baney would like to visit this another day. Mr. Martin
indicated that consumption would be prohibited. Chair Unger asked why they
would want to create an opportunity for a gathering space, since someone
might choose to light up. Commissioner DeBone asked if this would prohibit
a bench outside the door. Mr. Martin said they would have to define what is
allowed. The Board decided to not even acknowledge this since it could
create problems.
11. Licensing and reporting was discussed previously.
Under specific use standards, Mr. Lelack asked if there should be a requirement for a
conditional use permit in commercial zones. These would be the rural service
centers in Brothers, Hampton, Millican and a few other locations; also Alfalfa,
Terrebonne, Tumalo, Deschutes Junction and the Deschutes River Woods store. It
would also cover Spring River, Roslyn, and the Sunriver Town Center and Business
Park.
Commissioner Baney said they would have to meet the 1,000 foot setback from
schools, and this narrows it down to just a few.
The Board agreed there should be a conditional use permit.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 16 of 21
Wholesale was determined to be in an office setting only.
The Planning Commission said `no' to allowing home occupation. There was non-
consensus of the MAC. The question is whether someone can run a business
without having product there, samples or storage. Chair Unger said that people can
still do their homework at home, but should not invite activity. Commissioner
Baney noted that a commercial lumber broker might work out of the home, and why
would this be different. Commissioner DeBone asked if they would have to go
someplace else to make a phone call. The Board agreed to go with the decision of
the Planning Commission for now, and prohibit.
Mr. Martin said that the intent of an office is similar to any other business aspect.
They would not allow product on site. Commissioner Baney stated they could open
this up later if someone wants it considered. She doesn't see the difference.
Commissioner DeBone said that it needs to be an office only with no products. The
other Commissioners agreed.
Mr. Martin said that a wholesale office is not permitted in these zones since there are
no other office uses permitted. The Commissioners feel that they should be where
other offices are allowed.
Regarding OLCC definitions, information has not been provided yet. Staff indicated
they could reference this once known.
Regarding grandfathering in any uses but requiring screening or changes in lighting,
Mr. Lelack asked how long the Board wants to allow for compliance.
Commissioner DeBone feels that regarding lights, they should go with the dark skies
rules. He does not want to allow a lot of time for compliance. Medical should
comply within six months. Most will not have a problem with this. He does not
want to wait a year; it should be six months from the effective date of the
ordinances.
Regarding buildings that don't have structural requirements, no licensing is needed.
Commissioner DeBone said six months should fit all of this. Commissioner Baney
asked about hoop houses within the setback. Mr. Martin stated that people use
greenhouses for other plants as well. Commissioner DeBone stated that six months
to comply with lighting rules should work for all.
The Board took a five minute break at this time.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016 •
Page 17 of 21
Chair Unger asked the public to be respectful as the Board works through opting in
or opting out.
Mr. Lelack said he has been asked if any of the rules discussed apply to outdoor
grows. A big question is whether the County is allowed to regulate this on EFU,
since it has been defined as a farm use. It is unclear if the caps apply to outdoor
grows. He asked if the caps would apply to all canopy grows on a property
regardless.
Chair Unger said it is harder to control on EFU. They are trying to control odor and
perhaps they can limit this. Commissioner Baney noted that it is an important
distinction, only allowing in enclosures, or do standards apply to an open field.
Commissioner DeBone stated that a building can have odor control. He says no to
outdoor for recreational. He wants to start on a narrow path. Mr. Lelack asked if the
canopy size is to include outdoor is it is all to be contained. The Board said yes.
Mr. Lelack stated that Ordinance 2015-009 established the opt out. It can be
rescinded by action of the Board.
Cahir Unger asked if they want to look at this as a whole or break the parts out. The
other Commissioners wanted to look at it as a whole.
Commissioner DeBone said he wants to consider the big picture. Measure 91 passed
and allows personal use of marijuana. HB 340 brought up the land use component
with some hard decisions left to the local governments. The Planning Commission
struggled and so did the MAC. They have had policy discussions with new sections
in Code to allow for a few anchors. This is all new to everyone. They listened to
the public, met with people, and this kept him up at night. They have to consider the
concept and reality in the ordinances.
Some people want them to vote 'no' to drugs, but that horse left the barn years ago.
This is a starting point for reasonable regulations. If it went to a vote, it would be
even more divisive. Measure 91 passed here. He voted 'no' but he, like almost
everyone else, had no idea himself of the land use regulations they would have to
deal with. He supports rescinding the opt out and putting reasonable regulations in
place, in support of reasonable people who want to do business here. He knows this
affects rural property owners on EFU.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 18 of 21
Commissioner Baney emphasized that this is a very hard decision. They have gotten
messages that they will be killing children and destroying the area, but all this is well
beyond land use regulations. They forget that the Commissioners are people, to, and
the perks of being an elected official are few and far between. She does not shop
often in town because people know her and she is approached regularly. This is a
very difficult issue, and a lot of time and effort has gone into it. Decisions are not
being made lightly.
Commissioner DeBone said that the rural lifestyle is foundational. He has heard
from a lot of people on both sides. The right to farm on EFU land is the law. This is
a new crop with new opportunities, but it is shocking to some to think of what this
might mean. They have to deal with it as a community and a society.
Commissioner Baney noted that Measure 91 did not talk about anything except
personal use. The Commissioners are also the board for local public health. They
have to make sure communities are protected. They take this seriously. However,
the decision is not about marijuana going away. She wishes she had a nickel for
every time someone said that the Board should decide to make it go away. They
have a responsibility to do what they can to find balance somewhere in the middle of
a very divisive issue.
Her grandmother would not allow alcohol in her house ever. Everyone respected
this. They are dealing with this same kind of thing now with marijuana. Whether
they like it or not, it has been legalized on the medical side since 2008 and now is
legal for adult personal use in Oregon. She asked how people can support the
brewery industry but not another legal business. How can you say one is better than
another, since both can create issues.
They are responsible to provide reasonable regulations, and what was presented
today is the best they can do. She does not believe that another vote of the people
would provide any more clarity to the community, and could present safety issues.
Like it or not, it is here today and they need to act on it.
Chair Unger agreed with both Commissioners. It has been contentious, and they
were elected to do lead and try to do their best. They have to make decisions and
move forward. The rural lifestyle here is precious and creates value. But it is also
farmland and the State has a very prescriptive way to protect it. They bump up
against this often.
Minutes of Board ofCommissioners' Business Meeting Wednesday, May 11, 2016
Page 19 of 21
They are working to create reasonable regulations to protect the lifestyle but also
give space for people to move forward with a new crop that is permitted by law on
EFU land. He hopes people can adjust and try to be good neighbors. In some ways
this allows rural land to be in mixed stages. Some have built homes to retire, but
this may bring more families into the rural lifestyle.
They convened earlier today as the contract review board for the County to talk
about a contract for a campaign to address underage marijuana use. There are other
things they are working on to address these issues, and it needs to be supported on
all fronts.
Commissioner DeBone explained that the Commissioners live in three different
parts of the County. They are required to deliberate only in public, and have not
compared notes until now.
Mr. Lelack stated that he will coordinate developing an ordinance to rescind the opt
out. He does not expect it to be rescinded until there are reasonable regulations in
effect, so there is no gap. They can discuss this in a couple of weeks along with the
draft text amendments.
Chair Unger noted that some people will think this is the wrong decision. He asked
County Counsel what recourse the public might have. David Doyle explained that
he cannot advise the general public, since his client is the Board and the County.
The public may have options, but he cannot provide any guidance to them as to how
to figure it out.
Commissioner DeBone stated that there are two weeks between the first reading and
the second reading and adoption. After the second reading, if the ordinances are not
adopted by emergency, they will be effective in ninety days.
15. ADJOURN
Being no further discussion, the meeting was adjourned at 1:35 p.m.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 20 of 21
DATED this "7,7:2-- Day of 2016 for the
Deschutes County Board of Commissioners.
ATTEST:
(rgittA___
Recording Secretary
Alan Unger, Chair
Tammy Baney, V Chair
Anthony DeBone, Commissioner
Minutes of Board of Commissioners' Business Meeting Wednesday, May 11, 2016
Page 21 of 21
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QUASI-JUDICIAL HEARING OPENING PROCESS:
1. CHAIR: "This is the time and place set for hearing on land use file # 247-16-000104-V."
2. CHAIR to CDD staff: "Staff will outline the hearing procedures that will be followed."
3. CDD STAFF informs the audience as follows:
• The Board of County Commissioners is the hearings body for this case. The Board
will take testimony and receive written evidence concerning a noise variance
request by the Oregon Department of Transportation to conduct nighttime
construction along Highway 97.
• All testimony shall be directed to the hearings body
• At the conclusion of this hearing the hearings body will deliberate towards a decision
or continue the hearing or deliberations to a date and time certain
• The hearing will proceed as follows:
o staff will provide a brief report
o the applicant will present its testimony and evidence
o the opponent (and/or proponent) will present its testimony and evidence
o any other interested persons will then present testimony or evidence
o the applicant, as the party bearing the burden of proof, will then be afforded
an opportunity to present rebuttal testimony
o if requested by the hearings body, staff will provide closing comments
4. CDD STAFF: "A full written version of the hearing procedures is available at the table at the
side of the room."
5. CDD STAFF: "Commissioners must disclose any ex -parte contacts, prior hearing
observations, biases, or conflicts of interest."
6. CHAIR: "Does any Commissioner have anything to disclose and, if so, please state the
nature of same and whether you can proceed?"
7. BOARD: The hearings body discloses conflicts or ex -parte contacts and states whether they
are withdrawing from the hearing or whether they intend to continue with the hearing.
8. CDD STAFF: "Does any party wish to challenge any Commissioner (member of the hearings
body) based on ex -parte contacts, biases, or conflicts?"
9. CHAIR: open the hearing and direct staff to proceed with brief staff report.
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
1 / /
Subject: ,iii /-t4='/,;-r-• /41 /97 Date: --,77.33//%.!'/7
Name
A 7" Z ."0")
ti -j -
Address (Q_ -;-;567,27,z- /j227)
J7.?e;-ti5 1,)iie 9776.7 -- /
Phone #s
E-mail address address 27 .!_,/eA) Alg, y 7 g (7„Lm/4-,-z-
In Favor
Neutral/Undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
Opposed
No
TO: Deschutes County Development Department
FROM: Kathy Leming
DATE: May 10, 2016
REGARDING: Noise Level Along SE Highway 97
As a result of your Notice of Public Hearing for a noise permit and in reviewing the
scope of the ODOT project for Highway 97 from MP 141.86 to MP 149.22 I notice a
sound wall has not been included in that project and I believe this is an oversight.
There is a sound wall along Highway 97/Bend Parkway at virtually all residential areas
along that route, but ends at approximately Badger Road going South. Any
improvements to Highway 97 in this area would have been an appropriate time to
include completing the sound walls in this residential area. Sound walls were added
along the new Murphy Road between Brookswood Blvd and SE 3rd Avenue/Murphy
Road roundabouts, so the addition of sound walls appears to be typically included in any
major road/street improvements.
There has been and continues to be considerable additions to the residences along the
East side of Highway 97 between Murphy Road and China Hat Road. With the
proposed expansion of the UGB going South past China Hat Road the sound wall will
likely soon an issue going even further South.
Not only is a sound wall environmentally necessary, it is now a safety issue as well with
homes being built next to the highway. With the speed level now at 65mph, cars are
frequently not slowing down until they are at the Murphy Road overpass. Even if they
slowed to 45mph, I believe that is too fast to be traveling so close to homes.
Please let me know any next steps I can take to help get this situation resolved.
Thank you for your consideration.
Kathy Leming
60899 Parrell Rd
Bend, OR 97702
541-312-2272
Cell 541-815-1570
DRAFT CONCEPT FOR MARIJUANA REGULATIONS
1. Annually no later than February 1, the real property owner and licensee, if different, shall submit a
report to the Planning Division documenting all of the following information as of December 31 of
the previous year; the report must include the applicable fee as adopted in the current County Fee
Schedule and a fully executed Consent to Inspect Premises form. The report shall include:
a. Documentation demonstrating compliance with the approved land use decision.
b. Documentation demonstrating compliance with applicable Deschutes County Code and State of
Oregon regulations, including maintaining current State licenses as required.
c. Documentation demonstrating Health and Safety Compliance:
i. All permanent and temporary structures and facilities are subject to fire, health and life
safety requirements, and shall comply with all requirements of the Deschutes County
Building Safety Division and the Environmental Soils Division and any other applicable
state and local laws.
ii. Compliance with the requirements of the Deschutes County Building Safety Division
shall include meeting all building occupancy classification requirements of the State of
Oregon adopted building code.
d. Failure to timely submit the annual report and/or failure to demonstrate compliance with
subsections a. -c., shall operate as acknowledgement by the real property owner and licensee
that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes
permit revocation under DCC XXX, and may be relied upon by the State of Oregon to deny
license renewal(s) for the subject use.
e. This section shall apply to all medical and recreational marijuana uses and facilities, including
non -conforming uses and facilities.
f. This information shall be public record subject to ORS 192.502(17).
2. Inspection of Premises Authorization. The real property owner and licensee shall provide in writing
a Consent to Inspect Premises which expressly and unconditionally authorizes law enforcement,
public health, fire control officers, and Community Development Department staff to enter upon the
premises for which the use has been granted for the purposes of inspection and enforcement of the
terms and conditions of the permit and applicable provisions of DCC and any other applicable
county or state laws, ordinances or regulations.
3. Conditions Approval Agreement.
a. Recorded on the Property
b. Includes "Good Neighbor Policies" - TBD
4. Annual fee estimate: $750-$1,000
a. $750 per use (production, processing) or $1000 total for both uses (efficiency of combining tasks
below for multiple uses/reports)
b. Inspections for planning, building, and, if necessary, environmental soils
c. Report review
d. Inspection findings and results
DRAFT MARIJUANA PRODUCTION
RECREATIONAL AND MEDICA
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Deschutes County
Board of County
Commissioners
May 11, 2016
Deliberations
Marijuana Land Use Regulations &
Ordinance 2015-009
DELIBERATIONS CONTINUED
Public hearing May 2 Deliberations ;May 4, 9, 11
P-rier meeting- videos are avail able'onhine at www:deschutesorg
Provisional agreements onProduction & Processing Standards
Key .issues,
Finalize Production &Processing Standards.':=
Retail/Dispensary &:Wholesale':Standards &;Zones
Grandfathering _(time limits to comply 6=12 months:)'
•
Definitions
Opt -In /Opt -Out
ext Steps
5/12/2016
1
PRODUCTION
PRODUCTION SPECIFIC USE STANDARDS
o ise
Complywith the -Noise Control Standards of DCC 8.q
Apples to existing and new production/grow sites.
3 Sustained noise from production is exempt from protections of DC 9 12 (right
Sustained noiseshall not t exceed 40 d13(A) measured at the property line.
between 10:00 pm and 7:00 amthe following day.
Intermittent noise is permitted `.
Operation Size
5 -10 acres: 2,500 sq ft mature, canopyaocated. within -afully -enclosed
building that has all opaque -walls and a`roof
10-20 acres: 30,000 sq. ft. mature canopy.
20+ acres: 20;000 sq: ft. mature canopy
5/12/2016
2
PRODUCTION SPECIFIC USE STANDARDS
Business License / Annual Reports / Inspections Concept
a Annual report, fee, consent to inspect by Feb. 1 for prior year
• Document & demonstrate compliance with land use decision,
State licensing requirements, health & safety regulations
• Failure to submit report or demonstrate compliance to result in
land use permit revocation, code enforcement, notice to OLCC /
OHA not in compliance with local regulations - license renewal?
O Conditions of Approval Agreement recorded on the property,
includes Good Neighbor Policy (TBD)
a Public record
PROCESSING
5/12/2016
3
PROCESSING SPECIFIC USE STANDARDS
1. Noise
a Same as production
2. `Operation -Size
TBD
3,
4.
Existing law -- 10,000 sq. ft in EFU
Business License / Annual Reports / Inspections
Same -as production,
Other?;.:
RETAIL / DISPENSARY
- X10®➢
1916-2((116 ,
5/12/2016
4
RETAIL / DISPENSARY
SPECIFIC USE STANDARDS
1 Horne Occupations (consensus)
2. Waste Disposal (consensus)
3. Window Service (consensus)
4. Co -Location (consensus)
5. Minimum Separation Distance (partial consensus)
6. Minors (partial consensus)
7. Hours (no,consensus)r
8. Odor Control(no consensus)
9. Grandfather Existing Dispensaries (no consensus)
10. Outdoor Patio Space (no consensus)
11.Business License / Annual Reports / Inspections (not discussed)
12 Other (see matrix from other counties, public comments; etc.)::
RETAIL / DISPENSARY
SPECIFIC USE STANDARDS
Allow in;.zones as recommended by the:;Fiannm
and _Marijuana._Advisory Committee' (MAC)?
5/12/2016
5
WHOLESALE
WHOLESALE SPECIFIC USE STANDARDS
Office Only; (consensus)
2 Home `Occupations
Business License, / Annual Retie' rt./
consensusj.
4. Other (see matrix from ,other :counties, public comments, etc.)
5/12/2016
6
WHOLESALE SPECIFIC USE STANDARDS
If Ordinance 2015-009 is partially rescinded to
allow wholesale, then:
Allow in zones as recommended by the Planning Commission
and Marijuana Advisory Committee (MAC)?
DEFINITIONS
5/12/2016
DEFINITIONS & GRANDFATHERING
■ Adopt definitions as recommended by Attie Planning
Commission?
Grandfathering -:6. mont=hs, 12 :months, other? `
OPT -IN / OPT -OUT
CREATIONAL
WHOLESALE
RETAIL
PRODUCTION
5/12/2016
8
5/12/2016
NEXT STEPS
1. Staff to draft text amendments (regulations-tobe added to
Deschutes County Code), findings (reason s.for-.the.
amendments), and Ordinances
2 Ordinances to be posted by Tuesday, May31
3. Board to review and consider adoption of Ordinances on
Monday, June 6 or Wednesday, June,8
4: NOTES:
Board may revise/amend posted -Ordinances
g :
Ordinances take effect 90 days AFTER Second Reading :unless
adopted by Emergency (need. reason to adopt by Emergency)
If Board decides to Opt -(n for any use, the date to amend or
rescind Ordinance'2015-00-9 is TBD
9
Whitney Hale
From:
Sent:
To:
Subject:
NEWS RELEASE
For Immediate Release
Date: May 11, 2016
Contact: Nick Lelack
Community Development Director
541-385-1708
Whitney Hale
Wednesday, May 11, 2016 6:25 PM
Whitney Hale
NEWS RELEASE - County Initiates Process to Lift Ban on Marijuana Land Uses
County Commissioners Initiate Process to Lift Ban on Marijuana Land Uses
After lengthy deliberations, the Board of County Commissioners has unanimously decided to initiate a process
to lift the ban on marijuana land uses in rural Deschutes County.
After reviewing recommendations provided by the County's Planning Commission, Marijuana Advisory
Committee and the public, the Board agreed on a framework for reasonable regulations to address sight,
sound, smell and other impacts associated with the growing and processing of marijuana.
"Regardless of our Board's decision today, marijuana is not going away. Medical marijuana production has
been legal since 1998 and now that the legislature allows overage to be sold on the recreational market we
have a responsibility to address the impacts and bring both sides together," said Deschutes County Vice -Chair
Tammy Baney. "With our decision today, we're hoping to find a balance between allowing an industry that is
already legal and exists both in Oregon and in Deschutes County and preserving rural quality of life."
Now, County staff will draft and the Board will adopt new land use rules to regulate how marijuana can be
grown, processed and sold in rural Deschutes County. Land use and development permit applications for
medical and marijuana uses will not be accepted until the new rules go into effect.
"We deeply appreciate the time and energy that our planning commissioners, marijuana advisory committee
members and so many county residents have invested in an effort to help us address this topic," said
Deschutes County Chair, Alan Unger. "We've spent the past six months listening to folks on both sides of this
issue as we worked to assess what appropriate reasonable regulations would look like for our unique region."
Next Steps:
• The Board will review draft marijuana land use regulations on Wednesday, May 25th. The draft
regulations will be available online on Thursday, May 19 after 5 p.m.
• At their 10 a.m. business meeting on May 25th, the Board will have the opportunity to review and revise
the draft regulations. If the Board supports the regulations as drafted, or only have minimal changes,
they will conduct the first reading of the new rules.
• The required second reading of the new regulations would occur at least two weeks later on
Wednesday, June 8 or the following week.
1
• The new regulations will take effect 90 days after their second reading. At that time, the County will
require existing medical marijuana growers to fully comply (unless exempt by state law) with all new
regulations within six months of the date that the new regulations are adopted. However, existing
medical growers will need to comply with lighting standards that are outlined in new regulations as soon
as the new regulations go into effect.
For additional information, please visit: www.deschutes.ora/marijuana.
To watch the Board's deliberations on this topic, please visit: htto://www.deschutes.ora/bcc/pace/meetinas-
and-hearings-information.
###
Whitney Hale 1 Public Information Officer
Deschutes County Administration
1300 NW Wall St. Suite 200 1 Bend, Oregon 97703
Desk: (541) 330-4640 1 Cell: (503) 382-7042
Enhancing the lives of citizens by delivering quality services in a cost-effective manner.
2
Deschutes commissioners repeal pot ban; Action might not take effect until September Page 1 of 2
Shares
Deschutes commissioners repeal pot
ban
By Ted Shorack The Bulletin Published May 11, 2016 at 03:17PM / Updated May 11,
2016 at 08:14PM
Deschutes County commissioners agreed Wednesday to repeal a ban prohibiting
recreational and medical marijuana businesses from operating in unincorporated parts
of the county.
The decision comes nearly five months after enacting the ban, when commissioners felt
more time was needed to work on regulations. A 13 -member advisory committee was
appointed and recommended rules for pot in a 50 -page report.
Withdrawing the ban, or opt -out, won't be final until an ordinance is adopted by the
County Commission and goes into effect, which may not occur until mid-September.
The ban is still in place until then.
Commissioners made the decision after agreeing on land use policies for marijuana
processors, growers, retailers and wholesalers. The new rules would apply only outside
city limits when adopted and incorporated into county code.
A group of residents worried about the effects of marijuana operations on rural farmland
wanted commissioners to refer the opt -out to county voters in November.
Others in the medical marijuana industry, eager to potentially adapt to a recreational
market, urged commissioners to remove the prohibition. The ban blocked the state from
issuing licenses to the pot businesses.
Oregon voters approved legalization of recreational marijuana in November 2014 by
passing Measure 91. Voters in Deschutes County passed the ballot measure by 52
percent.
Commissioner Tony DeBone said at Wednesday's meeting that regulating the new
industry has kept him and others up at night. He acknowledged the desire by many to,
in effect, vote again on the measure, although the ban applies only to pot business
operations and not personal use.
"This is a starting point for reasonable regulations," DeBone said, about local policies
for marijuana that have been agreed upon by commissioners since beginning
deliberations last week. "I don't think it's going to help to bring this to a divisive vote of
the people at this point in time."
Commissioner Tammy Baney said the decision-making process hasn't been taken
lightly and that the commissioners are aware of the magnitude of their actions.
"I think we have a responsibility to do what we can and to find balance somewhere in
the middle of a very divisive issue," said Baney.
Baney noted that continuing to opt out of marijuana licensing in the unincorporated
areas wouldn't make pot go away.
http://www.bendbulletin. com/localstate/4313424-153 /deschutes-commissioners-repeal-pot... 5/12/2016
Deschutes commissioners repeal pot ban; Action might not take effect until September Page 2 of 2
"We have a responsibility to provide reasonable regulations, and what we've presented
today, I think, is the best that we can do," she said.
Commission Chairman Alan Unger said he recognizes how cherished the rural lifestyle
is in the county for retirees but also acknowledged the exclusive farm use land where
they live is zoned for agricultural purposes.
"We are working to do reasonable regulations to protect the lifestyle that you've come
here to enjoy but also try to give a space for people to move forward with this new crop,
as defined by the state, and permitted on EFU (land)," he said.
Commissioners finished deliberating Wednesday on rules for the sale of marijuana as
well as growing and processing. They are scheduled to consider drafts for agreed-upon
marijuana policies May 25. Adopting ordinances that establish the new rules and repeal
the ban would likely occur in June.
The standard period before county ordinances become policy is 90 days.
Commissioners were not in favor Wednesday of adopting the marijuana regulations and
removing the ban on an emergency basis , which would put them into effect sooner.
The emergency option is usually used if there is a public safety hazard.
Shares
— Reporter: 541-617-7820,
tshorack@bendbulletin.com (mailto:tshorack@bendbulletin.com)
AP file photo Young marijuana plants stand under grow lamps at a marijuana growing
facility. The Deschutes County Commission on Wednesday agreed to repeal a ban
prohibiting recreational and medical marijuana businesses from operating in
unincorporated parts of the county.
http://www.bendbulletin.com/localstate/4313 424-153/deschutes-commissioners-repeal-pot... 5/12/2016
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS.
10:00 A.M., WEDNESDAY, MAY 11, 2016
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects
anticipated to be considered or discussed 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. Business Meetings are usually recorded on video
and audio, and can be viewed by the public live or at a later date; and written
minutes are taken for the record.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the
Board's discretion, regarding issues that are not already on the agenda. Please
complete a sign-up card (provided), and give the card to the Recording
Secretary. Use the microphone and clearly state your name when the Board
Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters
that are or have been the subject of a public hearing not being conducted as a
part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or
other printed matter as part of your testimony during a public hearing, please
be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
Board of Commissioners' Business Meeting Agenda Wednesday, May 11, 2016
Page 1 of 7
CONSENT AGENDA
4. Board Signature of Document No. 2016-270, Granting a Public Easement to
the City of Bend
5. Board Chair Signature of Document No. 2016-245, Amending the Funding
Agreement with the Oregon Health Authority regarding Mental Health Services
6. Board Signature of Document No. 2016-162, an Intergovernmental
Agreement with WEBCO regarding Behavioral Health Services
7. Board Signature of Minutes:
• Work Session: May 4, 2016
• Business Meeting: May 4, 2016
ACTION ITEMS
8. CONSIDERATION of Board Signature of Document No. 2016-251 and
Document No. 2016-252, Bargain and Sale Deeds for Property Donations to
Redmond Habitat for Humanity — James Lewis, Property & Facilities
Suggested Actions: Move Board signature of Documents No. 2016-251 and
2016-252.
9. A PUBLIC HEARING on Oregon Department Of Transportation (ODOT)
Noise Permit (File #247-16-000104-V) — Anthony Raguine, Community
Development Department
Suggested Actions: Open hearing; take testimony; leave hearing open or close
hearing as appropriate.
CONVENE AS THE CONTRACT REVIEW BOARD FOR DESCHUTES
COUNTY
10. CONSIDERATION of Board Signature of Order No. 2016-021, Denying the
Award of a Contract for a Research and Development Social Marketing
Campaign — David Doyle, County Counsel
Suggested Action: Move Board signature of Order No. 2016-021.
Board of Commissioners' Business Meeting Agenda Wednesday, May 11, 2016
Page 2 of 7
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
12. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
14. OTHER ITEMS
NOTE: The Board is conducting deliberations on land use issues related to
marijuana production, processing and related items on Monday, May 9 at
1:30 p.m. They may choose to continue that discussion to this meeting, if
appropriate and if time allows.
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.
15. ADJOURN
Board of Commissioners' Business Meeting Agenda Wednesday, May 11, 2016
Page 3 of 7
To watch this meeting on line, go to:
http://www.deschutes.orq/bcc/paqe/board-meetinq-videos
Please note that the video will not show up until recording begins.
You can also view past meetings on video by selecting the date shown on the website calendar.
gDeschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747, or
Jam/ -M email ken.harms@deschutes.org.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions
regarding a meeting, please call 388-6572.)
Tuesday, May 10
6:30 p.m. Joint Meeting with Redmond City Council, Redmond City Hall
Wednesday, Mav 11
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, May 12
7:30 p.m. Centennial Theatrical Production — Deschutes Historical Museum
Monday, Mav 16
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, May 17
10:00 a.m. 911 User Board Meeting, at 911
Wednesday, May 18
11:00 a.m. REDI (Redmond Economic Development, Inc.) Luncheon Meeting, at Redmond
Airport
Board of Commissioners' Business Meeting Agenda Wednesday, May 11, 2016
Page 4 of 7
Monday, May 23
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, Mav 25
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, Mav 30
Most County offices will be closed to observe Memorial Day.
Tuesday, Mav 31 — Friday, June 3
Budget Week — Presentations
Monday, June 6
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, June 7
3:30 p.m. Regular Meeting of Public Safety Coordinating Council
Wednesday, June 8
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
June 13 and 14
Association of Counties' Spring Conference — Umatilla County
Monday, June 20
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, May 11, 2016
Page 5 of 7
Wednesday, June 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, June 27
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, July 4
Most County offices will be closed to observe Independence Day.
Tuesday. July 5
3:30 p.m. Regular Meeting of Public Safety Coordinating Council
Wednesday, July 6
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, July 13
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday. July 18
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, May 11, 2016
Page 6 of 7
Monday. July 25
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, July 27
10:00 a.m.
1:30 p.m.
Board of Commissioners' Business Meeting
Administrative Work Session — could include executive session(s)
Monday, August 1
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, August 2
3:30 p.m. Regular Meeting of Public Safety Coordinating Council
Wednesday, August 3
Opening Day at the Deschutes County Fair
®® Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747, or
email ken.harms@deschutes.org.
rd®
Board of Commissioners' Business Meeting Agenda Wednesday, May 11, 2016
Page 7 of 7