2016-308-Minutes for Meeting May 10,2016 Recorded 6/27/2016DESCHUTES COUNTY OFFICIAL RECORDS CJ OJ 2016.308
NANCY BLANKENSHIP, COUNTY CLERK y
COMMISSIONERS' JOURNAL 0612712016 02:36:39 PM
263
1IIIIIIIII III I
For Recording Stamp Only
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MAY 25, 2016
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Alan Unger, and Anthony DeBone. Commissioner
Tammy Baney was present via conference call. Also present were County
Administrator Tom Anderson and Deputy County Administrator Erik Kropp; Dave
Doyle and John Laherty, County Counsel; Nick Lelack and Matt Martin,
Community Development; and several other citizens.
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
May 25, 2016 Page 1 of 6
CONSENT AGENDA
DEBONE: Move approval of the Consent Agenda.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
4. Board Signature of Document No. 2016-301, a Supplement to the 2010 Flexible
Maintenance Services Intergovernmental Agreement with the City of Bend
regarding Chip Seal
5. Board Signature of Document No. 2016-302, a Supplement to the 2010 Flexible
Maintenance Services Intergovernmental Agreement with the City of Redmond
regarding Chip Seal
6. Board Signature of Document No. 2016-295, Amending a Lease with United
Way
7. Board Signature of Document No. 2016-296, Amending a Lease with Family
Resource Center
8. Board Signature of Document No. 2016-300, Annual Assessment and Taxation
Software Services Agreement with Helion Software, Inc.
9. Board Signature of Resolution No. 2016-024, Adopting Uninsured/
Underinsured Motorists Coverage Limits of Liability
10. Board Signature of Resolution No. 2016-024, Transferring Appropriations in
the Community Justice — Juvenile Fund
11. Board Signature of Resolution No. 2016-025, Approving a Budget Adjustment
Appropriating the Proceeds of Full Faith and Credit Refunding Series 2007
12. Board Signature of Resolution No. 2016-026, Transferring Appropriations
within the BOPTA Department of the General Fund
13. Board Signature of Resolution No. 2016-027, Transferring Appropriations in
Various Funds regarding Transient Room Tax
14. Board Signature of Minutes:
Work Sessions: May 4, 9 and 11, 2016
• Business Meeting: May 4 and 11, 2016
• Public Hearing on Land Use Issues relating to Marijuana: May 2, 2016
• Department Update and Tour — County Forester: May 3, 2016
Minutes of Board of Commissioners' Business Meeting May 25, 2016 Page 2 of 6
ACTION ITEMS:
15. Before the Board was Consideration of First Readings, by Title Only, of
Ordinances Relating to Marijuana Production and Processing
Nick Lelack and Matt Martin, Community Development, explained that on May
11, 2016 the Board provided direction to staff to prepare text amendments that
will provide clarity regarding the ordinances relating to marijuana production
and processing. Staff reviewed Exhibit 3 for Ordinance 2016-015, providing
clarification of the following.
The first item discussed was relative to maximum mature plant canopy size.
Canopy sizes for parcels ranging from 5 acres to greater than 60 acres were
considered. Suggested canopy size for mature marijuana plants were, for
parcels from 5 acres to less than 10 acres in area, 2,500 square feet; parcels
equal to or greater than 10 acres to less than 20 acres in area, 5,000 square feet;
parcels equal to or greater than 20 acres to less than 40 acres, 10,000 square
feet; parcels equal to or greater than 40 acres to less than 60 acres in area,
20,000 square feet; and parcels equal to or greater than 60 acres in area, 40,000
square feet. The possibility of exceptions was also discussed.
Regarding the issue of setbacks, requirements would be applicable to marijuana
production, and processing areas and buildings. All Commissioners were in
agreement with the language.
Access compliance standards for marijuana production over 5,000 square feet
of canopy for mature marijuana plants were clarified in Exhibit J. All
Commissioners were in agreement with the language.
On the issue of odor, two options were reviewed for consideration. Discussion
was held on being able to allow for new technology for odor control. The
Commissioners' suggestion was for the two options to be combined and to
include language to note the odor control system shall consist of one or more
fans or the latest technology to achieve equal or greater mitigation for odor
control measures.
Screening and fencing were addressed to apply to greenhouses, hoop houses,
and similar non -rigid structures, and land areas used for marijuana production
and processing. Standards for screening are subject to site plan review.
Fencing shall be finished in a muted earth tone and shall not be constructed of
temporary materials. Razor wire shall be obscured from view and shall blend
with the natural landscape. All Commissioners were in agreement with the
language.
Minutes of Board of Commissioners' Business Meeting
May 25, 2016 Page 3 of 6
The standards for water use should be consistent with water requirements for
OLCC licensing. The OLCC is currently updating clarification of
documentation of legal water to properties. All Commissioners were in
agreement with the language.
Lighting regulations were discussed. Compliance of the standards would be
required within six months of adoption. Discussion was held on regulating
existing sites. Any new application would be required to comply with all
standards. All Commissioners were in agreement with the language.
Prohibited uses in the EFU zone were reviewed in relation to County code. All
Commissioners were in agreement with the language.
Discussion was held on the date to hold the first reading of the marijuana -
related ordinances. A special meeting will be scheduled for Wednesday, June
1, 2016 at 12:00 noon; and consideration of the second reading and possible
adoption would then be scheduled for a special meeting for Wednesday, June
15, 2016, 10:00 a.m.
Separation distance was reviewed. The distance from a child care center or
preschool doesn't apply to home-based child care providers. The distance to
the lot line will be measured from the structure. All Commissioners were in
agreement with the language.
Discussion was held on exceptions for parcel sizes, and consideration may be
given for businesses lawfully established prior to January 1, 2015.
Clarification was needed on applying regulations for odor. The regulations
should also apply to open ended greenhouses for both medical and recreational
and must also apply to hemp. All Commissioners were in agreement.
The following Ordinances will be included on a Special Business Meeting
agenda for Wednesday, June 1, 2016 for consideration of first reading.
Consideration of second reading and adoption would then be scheduled for a
Special Business Meeting agenda for Wednesday, June 15, 2016.
A. Ordinance No. 2016-013, Amending DCC Title 8 to Exempt Sustained
Noise from Marijuana Production and Processing from Right to Farm
Protections
B. Ordinance No. 2016-014, Amending CDD Title 15 to Regulate Lighting
Associated with Greenhouses
Minutes of Board of Commissioners' Business Meeting May 25, 2016 Page 4 of 6
C. Ordinance No. 2016-015, Amending DCC Title 18 to Define, Permit and
Establish Standards for Marijuana -Related Businesses in Conjunction with
State Law
D. Ordinance No. 2016-016, Amending DCC Title 19 to Define, Permit and
Establish Standards for Marijuana -Related Businesses in Conjunction with
State Law
E. Ordinance No. 2016-017, Amending DCC Title 20 to Define, Permit and
Establish Standards for Marijuana -Related Businesses in Conjunction with
State Law
F. Ordinance No. 2016-012, Repealing Ordinance No. 2015-009 regarding
Opt Out
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Bi -Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$28,649.29 (two weeks).
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
17. Before the Board was Consideration of Approval of Bi -Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $1,271.04 (two weeks).
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting May 25, 2016 Page 5 of 6
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. Before the Board was Consideration of Approval of Bi -Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $3,956,650.25
(two weeks).
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
19. OTHER ITEMS
None were offered.
20. ADJOURN
Being no further discussion, the meeting was adjourned at 11:37 a.m.
DATED this ?2' Day of 01,0 2016 for the
Deschutes County Board of Commissioner
ATTEST:
Recording Secretary
Alan Unger, Chair
Tammy Baney, Vice air
Anthony DeBone, Commissioner
Minutes of Board of Commissioners' Business Meeting May 25, 2016 Page 6 of 6
CORRECTED EXHIBIT 5/23/16
(Correction to Proposed Subsection 18.116.330(B)(2))
"****" Denotes portions of this Section not amended by Ordinance 2016-015.
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.280. Home Occupations.
F. Prohibited Uses: The following mariivana uses shall be prohibited as any home occupation:
1. Mariivana production;
2. Marijuana processing;
3. Mariivana retailing; and
4. Mariivana wholesaling.
(Ord. 2016-015 &10, 2016; Ord 2007-021 §1, 2007; Ord 2004-002 §24, 2004)
18.116.330. Mariivana Production, Processing, and Retailing
A. Applicability. Section 18.116.330 applies to:
1. Marijuana Production in the EFU, MUA-10, and RI zones.
2. Mariivana Processing in the EFU. MUA-10. TeC, TeCR, TuC, TuI, RI. and SUBP zones
3. Marijuana Retailing in the RSC. TeC, TeCR. TuC. TuI, RC. RI. SUC, SUTC. and SUBP zones.
4. Marijuana Wholesaling in the RSC, TeC. TeCR. TuC. RC, SUC. and SUBP zones.
B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall,
be subiect to the following standards and criteria:
1. Minimum Lot Area.
a. In the EFU and MUA-10 zones. the subiect property shall have a minimum area of five (5)
acres.
2. Maximum Mature Plant Canopy Size. The maximum canopy area for mature mariivana plants shall
apply as follows:
a. Parcels from 5 acres to Less than 10 acres in area: 2,500 square feet.
b. Parcels eaual to or greater than 10 acres to less than 20 acres in area: 5,000 square feet.
c. Parcels eaual to or greater than 20 acres to less than 40 acres in area: 10.000 square feet.
d. Parcels equal to or greater than 40 acres to less than 60 acres in area: 20.000 square feet.
e. Parcels equal to or greater than 60 acres in area: 40.000 square feet.
3. Indoor Production and Processing.
a. In the MUA-10 zone. mariivana production and processing shall be located entirely within one
or more fully enclosed buildings with conventional or post framed opaque. rigid walls and roof
covering. Use of greenhouses. hoop houses. and similar non -rigid structures is prohibited..
b. In the EFU zone, mariivana production and processing shall only be located in buildings.
including greenhouses. hoop houses. and similar structures.
c. In all zones, mariivana production and processing are prohibited in any outdoor area.
Page 1 of 6 — EXHIBIT J OF ORDINANCE NO. 2016-015
CORRECTED EXHIBIT 5/23/16
(Correction to Proposed Subsection 18.116.330(B)(2))
4. Maximum Building Floor Area. In the MUA-10 zone. the maximum building floor area used for all
activities associated with mariivana production and processing on the subiect property shall be:
a. Parcels from 5 acres to less than 10 acres in area: 2.500 square feet.
b. Parcels eaual to or greater than 10 acres: 5,000 square feet.
5. Limitation on License/Grow Site per Parcel. No more than one (11 Oregon Liauor Control
Commission (OLCC1 licensed mariivana production or Oregon Health Authority (OHAI registered
medical mariivana grow site shall be allowed per legal parcel or lot.
6. Setbacks. The following setbacks shall apply to all mariivana production and processing areas and
buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 100 feet.
b. Setback from an off-site dwelling: 300 feet.
For the purposes of this criterion. an off-site dwelling includes those proposed off-site
dwellings with a building permit application submitted to Deschutes County prior to
submission of the mariivana production or processing application to Deschutes County.
c. Exception: Any reduction to these setback reauirements may be granted by the Planning
Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford
equal or greater mitigation of visual. odor. noise. lighting, privacy, and access impacts.
7. Separation Distances. Minimum separation distances shall manly as follows:
a. The use shall be located a minimum of 1000 feet from:
i. A public elementary or secondary school for which attendance is compulsory under Oregon
Revised Statutes 339.010. et sea.. including any parking lot appurtenant thereto and any
Property used by the school;
ii. A private or parochial elementary or secondary school, teaching children as described in
ORS 339.030(11(0, including any parking lot appurtenant thereto and any property used by_
the school;
iii. A licensed child care center or licensed preschool. including any parking lot app urtenant
thereto and any property used by the child care center or preschool;
iv. A youth activity center; and
v. National monuments and state parks.
b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the
affected properties listed in DCC 18.116.330(B)(7)(al to the premises of the mariivana producer
or mariivana processor.
c. A change in use of another property to those identified in DCC 18.116.330(B1(71 shall not
result in the mariivana producer or mariivana processor being in violation of DCC
18.116.330(B1(71 if the use is:
i. Pending a local land use decision:
ii. Licensed or registered by the State of Oregon; or
iii. Lawfully established.
8. Access. Mariivana production over 5,000 sauare feet of canopy area for mature marijuana plants
shall comply with the following standards.
a. Have frontage on and legal direct access from a constructed public, county. or state road; or
b. Have access from a private road or easement serving only the subiect property.
c. If the property takes access via a private road or easement which also serves other properties,
the applicant shall obtain written consent to utilize the easement or private road for mariivana
production access from all owners who have access rights to the private road or easement. The
written consent shall:
Page 2 of 6 — EXHIBIT J OF ORDINANCE NO. 2016-015
CORRECTED EXHIBIT 5/23/16
(Correction to Proposed Subsection 18.116.330(B)(2))
i. Be on a form provided by the County and shall contain the following information:
ii Include notarized sianatures of all owners. persons and properties holding a recorded
interest in the private road or easement:
iii. Include udescription ofthe proposed mariiuunaproduction ormariiuunuprocessing
operation: and
iv. Include ulneu|description ofthe private road oreasement.
9. Lich|inu. Lighting shall be regulated as foliows:
a. Inside huUdina)iuhtinu'ino|udincgreenhouses. hoop houses. and srnilar structures. used for
marijuana nroduction shall not be visible outside the bui1din from 7:00 .rn. to7:00um.on
the following day.
b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the
lamp or a diffusing element, or indirectly by reflection or refraction. is projected below the
horizontal lane through the lowest liht-emittin Dart.
c. Light cast hvexterior |ieht fixtures other than rnariivana grow !ights shall complv with DCC
15.10. Outdoor Liehtine Control.
10u Odor. Asused ioSubsection l8.116.33O(Q) including
uzeenhouaeo hoop houses. and other similar structuresused for mariivana production ormucivanu
oroceaemz
a- The building shall be &mimed with an effective odor control system which must at all times
prevent unreasonable interference of neiehbors' use and enioyment of their property.
b. An odor control system is deemed permitted only after the applicant submits a report by a
mechanical envineer licensed in the State of Oreeon demonstrating that the system will control
odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property.
c. Private actions alleging nuisance or trespass associated with odor impacts are authorized. if at
alt. as provided in aDulicable state statute.
d. The odor control system shall consist ofone or more fans.
e. The fan(s) shall be sized for cubic feet oer minute (CFM) eauivalent to the volume of the
bui}dioo(lcnu1hmultiplied hvwidth multiplied hvheight) divided brthree.
f. The filter(s) shall be ratdfhrthrrcouin:dCFM.
e. The system shall be rnaintained in workineooderandahu|\heinoac`
|Ob. Odor. All mariivana production and processing shall install an effective odor control system in all
bui|dinoo, iricludin but riot limited to. ereenbouocs' hoop houses. and sirnilar non -rigid structures.
The effective odor control system shall:
a. Prevent mariivana olant odor from disturbing people of normal sensitivity owninuorresiding
onoronerticowithinone'quurtcrmi)cofu||pnonertv|incaonwbiohthemeriivanupnodoction
and processing is sited:
b. Desiened and stamped by a mechanical engineer licensed in the State of Oreeon: and
c. Continually maintained in working order and in use when plants are in the buildin.
11. Noise. Noise produced by mariivana production and marijuana processing shall comply with the
following:
a. Sustained noise from mechanical eQuipment used for heating. ventilation. air condition. odor
control. fans and similar functions shall not exceed 30 dB(A) measured at any property line
between 10:00 D.M. and 7:00 a.m. the foUmminoday.
b. Sustained noise from muhivanoproduction ixexempt from protections of DCC 9.12 and ORS
30.395. Right to Farm. Intermittent noise for accented farming practices is permitted.
Page Jof6—EXHIBIT ]OFORDINANCE NO. 2016-015
CORRECTED EXHIBIT 5/23/16
(Correction to Proposed Subsection 18.116.330(B)(2))
12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop
houses. and similar non -rigid structures and land areas used for mariivana production and
processing:
a. Subiect to DCC 18.84, Landscape Management Combining Zone approval. if applicable.
b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural
landscape and shall not be constructed of temporary materials such as plastic sheeting. hay
bales, tarps, etc.. and shall be subiect to DCC 18.88, Wildlife Area Combining Zone. if
applicable.
c. Razor wire, or similar. shall be obscured from view or colored a muted earth tone that blends
with the surrounding natural landscape.
d. The existing tree and shrub cover screening the development from the public right-of-way or
adiacent properties shall be retained to the maximum extent possible. This provision does not
prohibit maintenance of existing lawns. removal of dead, diseased or hazardous vegetation: the
commercial harvest of forest products in accordance with the Oregon Forest Practices Act: or
agricultural use of the land.
13. Water. The applicant shall provide:
a. A water right permit or certificate number: or
b. A statement that water is supplied from a public or private water provider. along with the name
and contact information of the water provider: or
c. Proof from the Oregon Water Resources Department that the water to be used is from a source
that does not require a water right.
14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall
only be permitted on properties located within the boundaries of or under contract with a fire
Protection district.
15. Utility Verification. A statement from each utility company proposed to serve the operation, stating
that each such company is able and willing to serve the operation, shall be provided.
16. Security Cameras. If security cameras are used. they shall be directed to record only the subiect
property and public rights-of-way, except as required to comply with requirements of the OLCC or
the OHA.
17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow
Site (PRMG).
18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit
on the subject property:
a. An owner of the subiect property:
b. A holder of an OLCC license for marijuana production. provided that the license applies to the
subiect property: or
c. A person registered with the OHA as a person designated to produce mariivana by a registry
identification cardholder. provided that the registration applies to the subiect property.
19. Nonconformance. All medical mariivana grow sites lawfully established prior to June 8, 2016 by
the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(13)(9) by
September 8. 2016 and with the provisions of DCC 18.116.330(Bl(10-12. 16. 17) by December 8,
2016.
Page 4 of 6 — EXHIBIT J OF ORDINANCE NO. 2016-015
CORRECTED EXHIBIT 5/23/16
(Correction to Proposed Subsection 18.116.330(B)(2))
20. Prohibited Uses. In the EFU zone, the foliowing uses are prohibited:
a. Anew dwc|inoused inconiunuionwith ummiiuunucrop:
b. A farm stand. as descbed inORS 2\52|3(\)(hm2|520(l)(o used nconiunodonwith 4
mudiuu000noo:
c. Acommercial activity. usdescribed inORS 2l5.2l3(2)(c)or2}52Q3(2)(u).carried onin
conjunction a marijuana crori: and
d. Agri -tourism and other commercial events and activities in coniunction with a mariivana crop.
B. MariiuuuaBetui}inu. Muziiuunumtui\ing- inc}udinurccreu1ionu| and medical mariivana sales. shall be
subiect to the fo11owin standards and criteria:
I. Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 P.m. on the same
day.
2. Odor. The building. or portion thereof. used for mariivana retailina shall be designed or eauipped
to Drevent detection ofmuriiuunaplant odor off premise bvoperson of normal sensitivity.
3. Window Service. The use shall not have a walk-up or drive-thru window service.
4. Secure Waste Disoosal. Mariivana waste shall be stored in a secured waste receptacle in the
Dossession of and under the control ofthe OLCC licensee or OHA registrant.
5. Minors. No person under the age of 21 shall be permitted to be present in the buildine. or portion
thereof. occupied by the mari_ivana retailer, except as allowed by state law.
6. Co -Location of Related Activities and Uses. Mariivana and tobacco products shall not be smoked,
inaested, or otherwise consumed in the building space occupied by the mariivana retailer. In
addition. mariivana retailing shall not be co -located on the same lot or parcel or within the same
buiIdin with any rnariivana social club or rnariivana srnoking club.
7. Separation Distances. Minimum xenuroiiondistuncenohu|| amply uxfollows:
a. The use shall be located aminimum of 1.000 feet from:
i. A public elementary or secondary school for which attendance is compulsory under Oreaon
Revised Statutes 339.0l0'etsoq.' inc|udincany purkinulot appurtenant thereto and any
property used bv the school:
ii. &nrivateorpnroohiule|cmenturvocsncondorvachoo|.\caohinachi|drenuodescdbcdin
ORS 339.O3O(l)(u).ino|udinuany parkin lot appurtenant thereto and any property used hv
the school:
iii. A licensed child care center or licensed preschool. includina any parkina lot appurtenant
thereto and any orooertv used by the chi!d care center or nreschool:
iv. A youth activity center:
v. National monuments and state parks: and
vi. Any other muriiuunuretail facility licensed bv the OLCC or mariivana dispensary
o:uixtorcd with the OHA.
b. For purposes o[DCC }8.116330(8)(7)'distance shall homeasured from the lot line o[the
affected property to the closest point of the buildina space occupied by the mariivana retailer.
For purposes ofDCC \8.\\6.33U(B)(7)(u)(vi).distance shall be measured from the closest
point of the buildina space occupied by one mariivana retailer to the closest point of the
bui1din soace occupied by the other mariivana retailer.
c. A chane in use toanother property tnuuse idcntifiodinDCC |8.116.]30(B)(7)'after u
mariivana retailer has been licensed by or registered with the State of Oreeon shall not result in
the rnariivana retailer being in violation ofDCC 18.116.330(B)(7).
C. Annual g
1. An annual report shall be submitted to the Community Development Department by the real
property owner orlicensee, ifdifferent, each February 1. docurnenting all ofthe foliowine as of
Page 5 of 6 — EXHIBIT J OF ORDINANCE NO. 2016-015
CORRECTED EXHIBIT 5/2316
(Correction to Proposed Subsection 18.116.330(6)(2))
December 3lof the previous year, includirig the applicable fee as adoted in the current County Fee
Schedule and a fullv executed Consent to InspectPremises form:
a. Docurnentation demonstrating cornoliance with the:
i. Land use decision and Dermits.
ii. Fire. health. safetv. waste water. and buiIdin codes and laws.
iii. State oy0reeon |icenoinaroouir:munta`
b. Failure to tirnelv subinit the annual report. fee, and Consent to Inspect Prernises form or to
demonstrate cornpliance with DCC |8.\l6.33O(C)(l)(u) shall serve usucknow\odpementb`/the
real property owner and licensee that the otherwise allowed use is not in compliance with
Deschutes Countv Code: authorizes permit revocation under DCC Title 22. and may be relied
upon by the State of Oreaon to deny new or license renewal(s) for the subiect use.
c. Other information as may be reasonably required by the Planning Director to ensure
compliance with Deschutes Countv Code. applicable State regulations. and to protect the public
health, safetv. and welfare.
d. Mariivana ControPIan to be established and maintained bv the Communitv Develooment
Department.
e. Conditions of Approval Agreement to be established and maintained by the Community
Development Department.
f. This information shall be public record subject to ORS 192.502(17).
(0,d.20l6'0l50l0,20lt)
Page 0of6—EXHl0IT]OFORDINANCE NO. 2016-015
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS,
10:00 A.M., WEDNESDAY, MAY 25, 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 25, 2016
Page 1 of 7
CONSENT AGENDA
4. Board Signature of Document No. 2016-301, a Supplement to the 2010
Flexible Maintenance Services Intergovernmental Agreement with the City of
Bend regarding Chip Seal
5. Board Signature of Document No. 2016-302, a Supplement to the 2010
Flexible Maintenance Services Intergovernmental Agreement with the City of
Redmond regarding Chip Seal
6. Board Signature of Document No. 2016-295, Amending a Lease with United
Way
7. Board Signature of Document No. 2016-296, Amending a Lease with Family
Resource Center
8. Board Signature of Document No. 2016-300, Annual Assessment and
Taxation Software Services Agreement with Helion Software, Inc.
9. Board Signature of Resolution No. 2016-024, Adopting Uninsured/
Underinsured Motorists Coverage Limits of Liability
10. Board Signature of Resolution No. 2016-024, Transferring Appropriations in
the Community Justice — Juvenile Fund
11. Board Signature of Resolution No. 2016-025, Approving a Budget Adjustment
Appropriating the Proceeds of Full Faith and Credit Refunding Series 2007
12. Board Signature of Resolution No. 2016-026, Transferring Appropriations
within the BOPTA Department of the General Fund
13. Board Signature of Resolution No. 2016-027, Transferring Appropriations in
Various Funds regarding Transient Room Tax
14. Board Signature of Minutes:
• Work Sessions: May 4, 9 and 11, 2016
• Business Meeting: May 4 and 11, 2016
• Public Hearing on Land Use Issues relating to Marijuana: May 2, 2016
• Department Update and Tour — County Forester: May 3, 2016
ACTION ITEM
15. CONSIDERATION of First Readings, by Title Only, of Ordinances Relating
to Marijuana Production and Processing — Nick Lelack and Matt Martin,
Community Development
Board of Commissioners' Business Meeting Agenda Wednesday, May 25, 2016
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Suggested Actions: Discussion; consider first readings by title only.
A. Ordinance No. 2016-013, Amending DCC Title 8 to Exempt Sustained
Noise from Marijuana Production and Processing from Right to Farm
Protections
B. Ordinance No. 2016-014, Amending CDD Title 15 to Regulate Lighting
Associated with Greenhouses
C. Ordinance No. 2016-015, Amending DCC Title 18 to Define, Permit and
Establish Standards for Marijuana -Related Businesses in Conjunction with
State Law
D. Ordinance No. 2016-016, Amending DCC Title 19 to Define, Permit and
Establish Standards for Marijuana -Related Businesses in Conjunction with
State Law
E. Ordinance No. 2016-017, Amending DCC Title 20 to Define, Permit and
Establish Standards for Marijuana -Related Businesses in Conjunction with
State Law
F. Ordinance No. 2016-012, Repealing Ordinance No. 2015-009 regarding
Opt Out
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. 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
17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
Board of Commissioners' Business Meeting Agenda Wednesday, May 25, 2016
Page 3 of 7
19. 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.
20. ADJOURN
To watch this meeting on line, go to:
http://www.deschutes.ora/bcc/page/board-meeting-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.
®g Deschutes County encourages persons with disabilities to participate in all programs and
Siactivities. To request this information in an alternate format please call (541) 617-4747, or
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.)
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, May 25
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 25, 2016
Page 4 of 7
Monday. Mav 30
Most County offices will be closed to observe Memorial Day.
Tuesday, May 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)
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)
Board of Commissioners' Business Meeting Agenda Wednesday, May 25, 2016
Page 5 of 7
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)
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. 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 25, 2016
Page 6 of 7
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
®g Deschutes County encourages persons with disabilities to participate in all programs and
i activities. To request this information in an alternate format please call (541) 617-4747, or
AM email ken.harms@deschutes.org.
Board of Commissioners' Business Meeting Agenda Wednesday, May 25, 2016
Page 7 of 7