2017-555-Minutes for Meeting July 24,2017 Recorded 8/31/2017Recorded in Deschutes County CJ2017-555
Nancy Blankenship, County Clerk 08!31 /2017 8:15:20 AM
Commissioners' Journal
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017-555111111111111 1 III
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 WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Allen Conference Room
MONDAY, JULY 24, 2017
Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present
were Tom Anderson, County Administrator; David Doyle, County Counsel; and Sharon Ross,
Board Executive Secretary. Attending for a portion of the meeting were Nick Lelack, Peter
Russell, Lori Furlong, John Griley, Chris Tiboni, Dan Smith Community Development Department;
John Hummel, District Attorney; Darryl Nakahira, Laura Conard, and Paul Garrison, Sheriff's
Office; Christopher Ogren, Administrative Intern; Adam Smith, Assistant Legal Counsel; David
Givans, Internal Auditor; and Judith Ure, Management Analyst; and several other citizens. Two
representatives of the media were in attendance.
CALL TO ORDER: Chair Baney opened the meeting at 1:34 p.m.
ACTION ITEMS
1. Code & Law Enforcement Marijuana Enforcement:
Community Development Department code enforcement staff, Sheriff's Office, and
District Attorney presented this item for consideration. An overview of the process
relative to marijuana grow / production violations was reviewed and consideration of
the process of code and law enforcement was requested. Complaints and levels of
Minutes of Board of Commissioners' Work Session
July 24, 2017 Page 1 of 5
concern regarding marijuana code enforcement has increased since the new rules have
come in place. Commissioner Baney noted during the consideration of regulations,
hours of testimony, and work of the advisory committee, the marijuana industry obeys
the law in seeking proper permits and approvals.
Written complaints are required for an investigation however, residents are afraid of
the people involved with marijuana grows. The number of daily calls is well over the
number of written complaints. If able to review the anonymous complaints those
violations could be investigated as well.
DA Hummel was clear that he thought that if a grow doesn't have an OLCC permit or
doesn't have application for land use approval and has more than 4 plants then it is
most likely illegal and should be investigated. Captain Garrison said they have had a
handful of cases for investigation in the Sheriff's Office so far.
Discussion held on the difficulties involved in determining between medical verses
recreational operations. OLCC recreational grows are published on line showing the
approvals. District Attorney John Hummel and County Legal Counsel Dave Doyle will
work on a memo regarding code enforcement and will contact the Oregon Health
Authority regarding medical marijuana.
The Board expressed support of including the anonymous complaints for consideration
of code enforcement and a report will be brought back at a regulation review in 6 — 8
weeks.
At the time of 2:52 p.m., a short recess was taken and the meeting was reconvened at
2:57 p.m.
2. Consideration of Proceeding with Text Amendments Relative to Code Enforcement
Adam Smith, County Legal Counsel, clarified the agenda item is not lot of record as
noted on the agenda but a consideration of text amendment on code enforcement.
There is confusion where looking at land use permit could be misinterpreted as it is not
clear in chapter 1.16 and 1.17 and has prepared a text amendment.
Legal and Planning staff reviewed options for clarifying how the county processes land
use permit applications when the property in question contains potential code
violations. County staff considered the appropriateness of denying a land use permit
because of potential violations discovered as a part of processing an application. In its
Minutes of Board of Commissioners' Work Session July 24, 2017 Page 2 of 5
current form county code can be interpreted to require the county to deny a land use
permit if it is determined as part of processing the application that the subject property
contains code violations.
Peter Russell and Judge Paul Lipscomb suggested reconvening the prior work group to
review the code. The Board would encourage reaching out to the group.
OTHER ITEMS:
• Legislative Session: County Administrator Anderson commented on an issue regarding
Senate Bill 1051 relating to use of real property — defining parameters of ADUs
(affordable housing units). Nick Lelack Community Development Director found at the
last minute there was a drafting error. This bill will be taken to the Governor to commit
to removal in the short session in February.
• Concerns raised by Commissioner Henderson:
Commissioner Henderson noted in the past six months he has learned a lot and yet has
problems with the meeting agenda process. He explained on Friday, he looked at the
draft agendas and it was mentioned to him that there was a chance the Monday
business meeting was going to be cancelled and consolidated with Wednesday.
Commissioner Henderson commented when he leaves the office he does not look at his
emails or calendars especially over the weekend and had no idea the business meeting
was cancelled. He commented he does not feel it necessary to connect his cell phone to
check on his County calendar or his work email and he could have done other things this
morning.
Another item of concern addressed by Commissioner Henderson was the work session
of June 14th where the Health Services lease was approved but he feels it wasn't noted
on the agenda. Commissioner Henderson explained he had serious questions he
wanted to ask. Commissioner Henderson pointed out he left the meeting during the
lease discussion and during his absence the discussion continued and was voted on by
Commissioners Baney and DeBone. He commented on a loss of trust on that issue as he
felt the vote should not have happened when he got up and left the meeting.
Minutes of Board of Commissioners' Work Session
July 24, 2017 Page 3 of 5
Another item of concern was the closing of the Redmond property where Commissioner
Henderson felt uninformed. He commented he knew the county was considering the
closure but did not know when or if it would happen. Commissioner Henderson didn't
realize the discussions at the joint meeting with the City of Redmond would turn into an
action.
Commissioner Henderson also stated when he recently went to the Sunriver La Pine
Economic Development meeting he heard about the CC&Rs (covenants, conditions, and
restrictions) letters mailing and wasn't aware of that.
He commented it is still a mystery to him to know what is on the agenda or not.
Commissioner Baney expressed the importance of knowing when meetings are
cancelled and was concerned that if Commissioner Henderson does not have any access
to email it may not best serve his time as commissioner. Commissioner Baney
commented that she checks her email at least once a day to stay informed and
encourages him to do the same. Though notices and communications are sent in
various ways to the Commissioners, Commissioner Henderson explained he would
prefer a phone call if a meeting is cancelled.
Commissioner Henderson noted he is not against putting something on an agenda or
taking it off but the Commissioners should have equal say. Commissioner Baney
reminded him that Deputy County Administrator Erik Kropp did apologize on the
property closure handling. Commissioner DeBone mentioned individual
communications are also a part of notifications to the Commissioners. Commissioner
Baney explained at any time we are able to discuss with the County Administrator items
of interest for the agendas. Commissioner DeBone stated we do have a Chair and we
have a full time administrator that we are able to rely on for the agendas. Legal
Counsel, Dave Doyle suggested noting on the agenda the action requested for an item.
County Administrator Anderson explained the agenda coordination and looks at the
balance of items. Mr. Anderson explained there are new deadlines the departments are
required to adhere to when submitting items of consideration for the agendas. Mr.
Anderson noted his schedule on Friday caused the late review of the agendas. County
Administrator Anderson stated he will send a text message to Commissioner
Henderson's phone as an additional means of communicating changes to the meeting
schedules.
OTHER ITEMS
At the time of 4:01 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real
Property Negotiations. The Board came out of Executive Session at 4:34 p.m.
Minutes of Board of Commissioners' Work Session July 24, 2017 Page 4 of 5
ADJOURN: Being no further discussion, the meeting adjourned at 4:34 p.m.
DATED this V Day of (.
Board of Commissioners.
ATTEST:
Recording Secretary
2017 for the Deschutes County
Tammy Baney, Ch
Anthony DeBone,
Philip G. Henddor
son, Commissioner
Minutes of Board of Commissioners' Work Session
July 24, 2017 Page 5 of 5
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Drl -< Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, MONDAY, JULY 24, 2017
Allen Conference Room - Deschutes Services Building, 2ND Floor — 1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the
meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to
cancellation without notice. This meeting is open to the public and interested citizens are invited to attend.
Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed,
although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or
have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work
Sessions are not normally video or audio recorded, but written minutes are taken for the record.
CALL TO ORDER
ACTION ITEMS
1. Code & Law Enforcement Marijuana Enforcement - Lori Furlong, Administrative
Manager
2. Consideration of Proceeding with Lot of Record Text Amendments - Adam Smith,
Assistant Legal Counsel
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific
guidelines, are open to the media.
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.
Board of Commissioners Work Session Agenda
Monday, July 24, 2017 Page 1 of 2
ADJOURN
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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.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.orq/meetinqcalendar
(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. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners Work Session Agenda
Monday, July 24, 2017 Page 2 of 2
Work Session Sign In Sheet
CONTACT INFO
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1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of July 24, 2017
DATE:
FROM: Lori Furlong, Community Development,
TITLE OF AGENDA ITEM:
Code & Law Enforcement Marijuana Enforcement
PUBLIC HEARING ON THIS DATE?: No
ATTENDANCE: Nick Lelack, Lori Furlong, John Hummel, Paul Garrison, David Doyle, John
Griley, Chris Tiboni, Dan Smith
SUMMARY: The purpose of this work session is to discuss the County's approach to code
and law enforcement related to marijuana grow/production complaints and violations.
Co rlr rnunity Develapmen Depart rnent
Planning (Division Building Safety Piviaion Environmental Sails fDnriaion
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541) 388-6575 Fax (541) 385-1764
http.//www.deschutes.org/cd
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Nick Lelack, AICP, Director
DATE: July 24, 2017
SUBJECT: Code & Law Enforcement for Marijuana Grow/Production Violations
PURPOSE
The purpose of this work session is to discuss the County's approach to code and law enforcement
related to marijuana grow/production complaints and violations.
District Attorney John Hummell, the Sheriff's Office, and Community Development Department staff will
participate in the discussion.
CURRENT PROCESSES & APPROACH
1. Citizen submits a complaint to CDD's code enforcement staff regarding a marijuana grow.
2. Code enforcement staff research the property to determine if a land use permit has been approved
for the marijuana grow.
a. If yes — a permit has been approved, staff determines if the grow is operating within the
permit's conditions of approval based on the complaint submitted (e.g., odor).
i. If yes — the grow site is operating within the permit's conditions of approval, the complaining
party is notified that staff did not find a violation occurring on the property.
ii. If no — the grow site is not operating within the conditions of approval, then staff opens a
code enforcement case and follows the Code Enforcement Policy and Procedures Manual
(Policy and Procedures Manual) to code compliance.
b. If no — a permit has not been approved and no application is pending, staff contacts the
Sheriff's Office to determine if the grow site is registered with the Oregon Health Authority
(OHA).
Quality Services 1
i. If yes —the grow site is medical and registered with OHA, then staff determines if a violation
of the County's marijuana standards is/are occurring on the property. If yes — it is operating
within the County's standards, then staff notifies the complaining party the medical
marijuana grow is grandfathered and operating in compliance with the County's marijuana
standards.
ii. If no, then:
1. The District Attorney's Office will charge the property owner/business operator with a
crime; and
2. Code enforcement staff will open a case and follow the Policy and Procedures Manual to
correct the violation.
3. If a marijuana grow site is unpermitted and not registered with OHA, staff follows the Policy and
Procedures Manual to enforce the code until the violation is corrected. Many complainants have
expressed their frustrations with time necessary to correct the violation. Specifically, there is a
noticeable lack of tolerance by complainants with the voluntary compliance approach for marijuana
grow violations compared to any/all other types of code violations.
ALTERNATIVE PROCESSES & APPROACHES
1. Change from signed -complaints to anonymous complaints.
2. Change from voluntary compliance to citation and imposition of penalties. Variations of this
approach may be to allow, for example, 15 or 30 days to correct a violation prior to the issuance of a
citation or the code enforcement hearing for properties with valid land use permits or are registered
with OHA.
3. Change from complaint -driven process to pro -active process (in addition to citizen complaints) —
e.g., staff to initiate code complaints.
4. Prioritize violations above other violations and on par with public health and safety violations.
5. Additional options for unpermitted/Non-Registered Marijuana Grow Sites Enforcement:
a. Code enforcement staff immediately refer such sites to the District Attorney's Office and
Sheriff's Office (law enforcement) and:
i. Not open a code enforcement case because the crime will be addressed by law
enforcement; or
ii. Open a code enforcement case, but defer compliance to law enforcement (close the case
when the violation is corrected); or
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iii. Open a code enforcement case and pursue corrective action through expedited measures
such as the issuance of a citation and imposition of penalties (not pursue voluntary
compliance); or
If a new process/approach is approved toward enforcement of marijuana grow violations, staff
recommends adding an addendum or the Board's minutes approval to the Policy and Procedures
Manual to inform staff and the public.
ENFORCEMENT STATEWIDE
Cities and counties across the state are experiencing similar marijuana grow enforcement issues to
Deschutes County in terms of the high number of complaints, violations, a lack of compliance, and
determining which department/agency enforces the violations.
Enforcing marijuana grow violations is being discussed next week at the Oregon Building Officials
Association meeting, it was discussed last month at the Central Oregon Planners Network meeting in
Hood River, and it is a common topic on building, code enforcement, and planning listserves, among
others. It appears to be a significant issue in most jurisdictions whether they have opted in or out across
the state.
WORK SESSION OUTCOMES
1. Continue to enforce County Code per the Policy and Procedures Manual with CDD leading the effort
supported by the District Attorney's and Sheriff's Offices.
2. Approve one or more alternative approach(es) above.
-3-
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of July 24, 2017
DATE: July 19, 2017
FROM: Adam Smith, Legal,
TITLE OF AGENDA ITEM:
Consideration of Proceeding with Lot of Record Text Amendments
PUBLIC HEARING ON THIS DATE?: No
ATTENDANCE: Adam Smith, Nick Lelack, Peter Gutowsky.
RECOMMENDATION & ACTION REQUESTED:
BACKGROUND AND POLICY IMPLICATIONS:
Based on the Board of County Commissioners' direction, Deschutes County Legal Counsel and
Planning staff reviewed options for clarifying how the County processes land use permit
applications when the property in question contains potential code violations. Specifically, County
staff considered the appropriateness of denying a land use permit because of potential violations
discovered as part of processing an application.
In its current form, Deschutes County Code ("DCC") 22.20.015(C) can be interpreted to require
the County to deny a land use permit if it is determined as part of processing the application that
the subject property contains code violations. However, DCC 22.20.015 does not clarify if or how
the County incorporates its code enforcement procedures codified in DCC Chapters 1.16 and 1.17
into the land use permit application process.
One option to avoid confusion and to ensure compliance with the County's codified code
enforcement procedures is to amend DCC 22.20.015(C) clarifying that only formal violations
invoke that section's prohibitions. A draft text amendment is attached as an example. As such,
only violations determined by a Code Enforcement Hearings Officer, Court, or as part of a
voluntary compliance agreement after following the County's codified code enforcement
procedures would preclude approval of a land use permit. If the County discovers potential
violations while processing land use permit applications, a case could be referred to Code
Enforcement for further investigation and action.
If proceeding with the public process to amend DCC 22.20.015(C) as discussed above, staff
recommends also amending DCC 1.16.010(F) to incorporate more clearly the aforementioned
provision.
RECOMMENDATION & ACTION REQUESTED:
No formal action required.
Staff Draft — Code Enforcement Text Amendment
7/24/17
1.16.010. Violations Deemed Class A or B Classification -Penalties.
A. Violation of a county ordinance shall be punishable, upon conviction, by fine or by the specific remedies
specified within the County Code.
B. Each county ordinance specifying a county offense shall classify the ordinance violation as a Class A
or Class B violation.
C. A sentence to pay a fine for a violation of a county ordinance shall be a sentence to pay an amount not
exceeding the Maximum Fines provided in ORS 153.018.
D. Notwithstanding this section and DCC 1.16.030, for violations of Chapters 13.04, 13.08, 13.36, 15.04
and 15.10 and Titles 17 18 and 19, the Presumptive and Minimum fine amount shall be the Maximum
Fine amount described in DCC 1.16.010(C).
E. For violations of County Code provisions not listed in DCC 1.16.010(D), the Presumptive and
Minimum Fine amounts shall be as provided in ORS Chapter 153.
F. A land use application for a property with an existing code violation will be accepted, but not processed
by the County based on DCC 22.20.015.
G. Notwithstanding DCC 1.16.010(D), the court or the hearings officer may impose a fine lower than the
fine provided in those two sections, upon a finding of mitigating factors including, but not limited to,
indigence of the defendant, severity of the violation, number of tunes the defendant has been previously
cited for Deschutes County Code violations; length of time the violation has existed; and reason(s) the
violation has not been cured.
(Ord. 2017 -XXX, §X, 2017; Ord. 2015-020, §1, 2015; Ord. 2014-003, §1, 2014; Ord. 2013-015, §1, 2013;
Ord. 2008-026, §1, 2008; Ord. 2003-021 §3, 2003; Ord. 2002-016 §9, 2002; 86-076 §1, 1986)
Chapter -22.20.015 Code Enforcement and Land Use
A. Except as described in (D) below, if any property is in violation of applicable land use regulations, and/or
the conditions of approval of any previous land use decisions or building permits previously issued by the
County, the County shall not:
1. Approve any application for land use development;
2. Make any other land use decision, including land divisions and/or property line adjustments;
3. Issue a building permit.
B. As part of the application process, the applicant shall certify:
1. That to the best of the applicant's knowledge, the property in question, including any prior
development phases of the property, is currently in compliance with both the Deschutes County
Code and any prior land use approvals for the development of the property; or
2. That the application is for the purpose of bringing the property into compliance with the
Deschutes County land use regulations and/or prior land use approvals.
C. A violation means the property has been determined to not be in compliance either through a prior
decision by the County or other tribunal, or through the review process of the current application, or
through an acknowledgement by the alleged violator in a signed voluntary compliance agreement
("VCA").
D. A permit or other approval, including building permit applications, may be authorized if:
1. It results in the property coming into full compliance with all applicable provisions of the federal,
state, or local laws, and Deschutes County Code, including sequencing of permits or other
approvals as part of a voluntary compliance agreement;
2. It is necessary to protect the public health or safety;
3. It is for work related to and within a valid easement over, on, or under the affected property; or
4. It is for emergency repairs to make a structure habitable or a road or bridge to bear traffic.
E. Public Health and Safety.
1. For the purposes of this section, public health and safety means the actions authorized by the permit
would cause abatement of conditions found to exist on the property that endanger life, health,
personal property, or safety of the residents of the property or the public.
2. Examples of that situation include, but are not limited to issuance of pennits to replace faulty
electrical wiring, repair or install furnace equipment; roof repairs; replace or repair compromised
utility infrastructure for water, sewer, fuel or power; and actions necessary to stop earth slope
failure.
(Ord. 2017 -XXX, §X, 2017; Ord. 2015-019, §1, 2015)