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2017-578-Minutes for Meeting August 09,2017 Recorded 9/14/2017
Recorded in Deschutes County CJ2017-578 S n Nancy Blankenship, County Clerk Commissioners' Journal 09/14/2017 11:55:24 AM a 5 III ll1111111111 IIII 111 II III 2017-578 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 Wednesday, August 9, 2017 Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. Three citizens were present and no representatives of the media were in attendance. CALL TO ORDER: Chair Baney opened the meeting at 1:32 p.m. ACTION ITEMS 1. Solid Waste Advisory Committee: Timm Schimke, Director of Solid Waste Operations reported five proposals were submitted for the solid waste management plan. The selection team will review the consultant proposals during oral presentations tomorrow afternoon. Commissioner Henderson is interested in attending and will do so as an observer only. Mr. Schimke reviewed the Deschutes County Code relative to the Solid Waste Advisory committee code. Solicited for members and had seven responses. Membership according to the DCC 13.16.030 addresses members with the following background: engineering or technical, one franchisee, one elected or appointed official from the three incorporated cities in Deschutes County, one marketing recyclables representative, one from accounting or banking profession, and two lay members. Minutes of Board of Commissioners' Work Session August 9, 2017 Page 1 of 5 Commissioner Henderson commented he was not aware of the search for committee members. The request was made at a work session this spring with the public announcement seeking applicants made in June. Mr. Schimke asked the Board for direction on the next steps for selection of committee members. Commissioner Henderson expressed interest in participating in interviews. The history of the committee was reviewed and has not been active for 20 years. The committee was formed 25 years ago when reviewing the new landfill process and then was disbanded when the project decisions were complete. Commissioner Henderson suggested amending the code to include a transportation representative. Mr. Schimke explained he would like to update the entire solid waste section of the code and will work with County Counsel. Commissioner DeBone inquired on the length of terms for the members. The advisory committee will be in place until the Board adopts a solid waste management plan. Commissioner DeBone stressed the responsibility of recommending the solid waste management plan and not the siting of a new landfill. Discussion held on the positions for member who is a franchisee and one of environmental background. Jeff Eager, member of the audience was present representing Cascade Disposal and voiced his concern the franchisee member would have an advantageous position and would recommend more than just one representative. There are four franchises and one person owns two of the franchises. One of the franchisees also operates a landfill and may have conflicts leading to advocating for shipping and contracting as he has other interests besides the franchise. Mr. Schmike will speak with the fourth franchise today. The franchisee membership would be able to give input and value to the committee. One possible suggestion is to have a second franchisee member but serving as ex -officio. The consultant chosen will facilitate the meetings of the advisor committee. Commissioner DeBone suggests a joint meeting with the Board to outline expectations of the advisory committee. 2. Marijuana Production Appeal: Chris Schmoyer, Peter Gutowsky, and Cody Smith presented this item for informational purposes in preparation of next Wednesday's public hearing. The applicant, Alex Eakin, appealed the administrative determination relative to a marijuana production facility in the Exclusive Farm Use Zone. The subject property is on Bill Martin Road. The reasons for appeal included: claims the staff made factual errors in the interpretation of the application criteria, staff made best estimate rather than factual data regarding road trips, and subject property is located on Bill Martin Road, which is Minutes of Board of Commissioners' Work Session August 9, 2017 Page 2 of 5 currently subject to an ownership and maintenance lawsuit. Discussion held on trip generation and the use of warehouse as traffic activity. Mr. Smith commented as the marijuana industry is in place for more time there will be more data in place from traffic engineers. At the moment, with the current standards in place warehouse activity is used consistently. Another concern with the marijuana grow operation is the lack of understanding of the mature canopy size. If the operation size increases, the business would require a new analysis. We are under the 150 -day clock and the deadline for final action is September 20, 2017. County Administrator Anderson reminded the Board of the Joint Meeting in Sisters at 5:00 p.m. so this meeting will need to adjourn by 4:00 p.m. 3. Arts & Culture Program Guidelines Judith Ure, Management Analyst noted during the fiscal year 2017 video lottery allocation process, the Board set aside $15,000 to fund a new grant program dedicated to supporting art and cultural initiatives in Deschutes County. The Board had postponed the grant solicitation and decided to add an additional $15,000 in 2018 video lottery funds bring the total funding to $30,000. Ms. Ure asked for discussion on establishing guidelines for the 2018 grant program. From discussion, the awards will be listed as two awards up to $10,000. Ms. Ure will announce the application period through the website and press release. The Board expressed support. 4. 2018 Quarter 1 Discretionary Grant Review Ms. Ure presented the applications for the first quarter for the Boards consideration. • Financial Assistance for Cognitive Therapy. Request for $2,000 for client sessions. Board expressed need for more information • Council on Aging. Request for $900 for retractable banners. Board expressed support • Bendfilm: Request for $1,000 for musicians at the Bend Film Festival. Board expressed support • Central Oregon Fire Prevention Cooperative. Request is for $2,000 to expand the Firebusters program. Commissioners supported $500 each. Minutes of Board of Commissioners' Work Session August 9, 2017 Page 3 of 5 • Cloverdale Rural Fire Protection District. Request for $1,786 for replacement of 8 halogen bars for structural firefighting and rescue. Commissioners supported $400 each. • American Cancer Society. Request for $1,000 for the Relay for Life of Bend. Commissioners supported $300 each for fundraising dollars. • La Pine Rodeo Association. Request for $2,500 for support of the rodeo. Board expressed support of $2000. • Sisters Habitat for Humanity: Request for $2,000 for delivery truck with lift gate. Board expressed support of$2000. • MountainStar Family Relief Nursery. Fundraising Request for $2,000. The Board expressed support of $2,000. OTHER ITEMS • Code Enforcement: Commissioner Henderson requested a follow-up discussion on marijuana code enforcement. Nick Lelack and Lori Furlong, Community Development Department for present for the discussion. Complaints are handled through Community Development, Sheriff's Office, and the District Attorney's Office. There is confusion on the enforcement responsibilities. Code Enforcement is limited and there is no path to compliance. CDD is getting the reports and pass on to Sheriff's Office for investigation. Discussion held on one case where the illegal grow operation moves plants via Uhaul trucks if their location is found. A message needs to be out there the County has zero tolerance for illegal grows. CDD is tracking every single complaint on marijuana and working on a new process of referral to the Sheriff's Office. A monthly report could be made to the Board as a communication tool. Information will be on a work session agenda in September. EXECUTIVE SESSION: At 3:32 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 4:00 p.m. Minutes of Board of Commissioners' Work Session August 9, 2017 Page 4 of 5 • Commissioner Baney reported the meeting with the Redmond City Council last night went well and they were appreciative of the work being done to find solutions for the homeless population affected by the land closure. Discussion held on safety concerns raised by the community. ADJOURN: Being no further discussion, the meeting adjourned at 4:08 p.m. DATED this 4,3 0 Day of 61 2017 for the Deschutes County Board of Commissioners. Recording Secretary Tamm Baney, Cha (1100214, Anthony DeBone, Vice Chair Philip G. He Z;erson, Commissioner Minutes of Board of Commissioners' Work Session August 9, 2017 Page 5 of 5 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, WEDNESDAY, AUGUST 9, 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. Solid Waste Advisory Committee Selection - Timm Schimke, Director of Solid Waste 2. Marijuana Production Appeal - 247-17-000520-A - Chris Schmoyer, Associate Planner 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 Wednesday, August 9, 2017 Page 1 of 2 ADJOURN Erg LiDeschutes 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 Wednesday, August 9, 2017 Page 2 of 2 Work Session Sign In Sheet CONTACT INFO r CP Lp e _, LI AGENCY J Is t- a 6 3 '" 1. j, n .-ti. 4. '-q, c k. t d 1,1) 9 ---: E o P Deschutes County Board of Commissioners 1300 NW WaII 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 August 9, 2017 DATE: August 4, 2017 FROM: Timm Schimke, Solid Waste, 541-317-3177 TITLE OF AGENDA ITEM: Solid Waste Advisory Committee Selection PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Timm Schimke SUMMARY: See Attached RECOMMENDATION & ACTION REQUESTED: Discuss the composition of the committee and the process for selecting committee members To: The Board of County Commissioners From: Timm Schimke Cc: Tom Anderson; Erik Kropp; Dave Doyle Date: August 5, 2017 Re: Solid Waste Advisory Committee The Department of Solid Waste is forming an advisory committee to assist us in the selection of future disposal option and other modifications to the solid waste program as we develop the solid waste management plan. DCC 13.16.030 addresses membership in a solid waste advisory committee as follows: 1. One member with an engineering or technical background, 2. One member who is a franchisee, or the franchisee's designated representative 3. One elected or appointed official member from each of the three incorporated cities within Deschutes County, 4. One member who is a designated representative of the principle organization responsible for marketing recyclables collected within the wasteshed, 5. One member from the accounting or banking profession, 6. Two lay members. In previous discussions, the Board has suggested a member with a transportation background may be desirable. It has been over 20 years since we have had a solid waste advisory committee and there have been changes that affect the list of members as specified. We have solicited for volunteers in the community who may wish to serve on the committee and have received a number of responses. We would like to discuss the composition of the committee and the process for selecting committee members. Chapter 13.16. ADMINISTRATION 13.16.010. Administrative Authority -Right of Entry. 13.16.020. Exemptions. 13.16.030. Solid Waste Advisory Committee -Established. 13.16.040. Solid Waste Advisory Committee -Appointment -Officers and Meetings. 13.16.050. Solid Waste Advisory Committee -Duties. 13.16.060. Regional Solid Waste Committee. 13.16.070. Disposal and Recycling Sites -Management. 13.16.010. Administrative Authority -Right of Entry. The Administrator, under the supervision of the Board and with the assistance of the committee, shall be responsible for the enforcement of DCC 13.12 through 13.40. In order to carry out the provisions of DCC 13, the Administrator shall enter or authorize personnel to enter on the premises of any person subject to DCC 13 at reasonable times and in a reasonable manner to determine compliance with DCC 13, regulations and franchises promulgated and issued pursuant thereto. (Ord. 85-037 §5.01, 1985) 13.16.020. Exemptions. DCC 13 shall not apply to: A. Areas lying within the limits of any incorporated municipality actively operating as such in the absence of a mutual agreement between the city and the County; B. Federal or state agencies that collect, store, transport or dispose of waste or solid waste, or those persons who contract with such agencies to perform service, but only as to the terms for collection and disposal service under the contract. This exemption does not apply to disposal at a disposal site operated by a franchisee under DCC 13; C. Auto dismantling pursuant to ORS 481.345 through 481.370; D. The collection, transportation and reuse or recycling of totally source -separated materials by religious, charitable, benevolent or fraternal organization for fund raising, or by any person when the source -separated materials are generated by the person and are purchased from or exchanged by the generator for fair market value for reuse or recycling; E. The collection, transportation, deposit and disposal by the owner of residential property of solid waste or recyclable material generated by tenants or occupants of the property. For purposes of DCC 13.16.020, "residential property" means real property or improvements, or both, in or upon which a person resides, and includes any structure used as a residence, either primary or secondary; F. Any person or practice which is exempted by resolution of the Board. In determining whether to exempt a person or practice pursuant to DCC 13.16.020, the Board shall consider the following factors: 1. The impact of granting the exemption upon affected existing franchises, 2. The impact of requiring the affected person to obtain a franchise, 3. The impact of granting or denying the exemption on the quality of solid waste collection, transportation, deposit and disposal for the affected persons; G. In addition to the exemptions of DCC 13.16.020(A), DCC 13.36.010, 13.36.030, 13.36.050 and 13.36.060 shall not apply to: 1. Disposal sites franchised under the provisions of DCC 13.12 through 13.40 and in compliance with DCC 13. 2. Agricultural operations, growing or harvesting crops and the raising of fowl or animals. (Ord. 85-037 §5.02, 1985) Chapter 13.16 1 (10/2001) 13.16.030. Solid Waste Advisory Committee -Established. There shall be a Solid Waste Advisory Committee. A. The Solid Waste Advisory Committee shall consist of nine members, as follows: 1. One member with an engineering or technical background, 2. One member who is a franchisee under DCC 13.24.030, or the franchisee's designated representative, 3. One elected or appointed official member from each of the three incorporated cities within Deschutes County (Sisters, Redmond and Bend), 4. One member who is a designated representative of the principle organization responsible for marketing recyclables collected within the wasteshed, 5. One member from the accounting or banking profession, 6. Two lay members. B. The County Sanitarian shall be an advisor to the committee. (Ord. 92-072 §1., 1992; Ord. 85-037 §6.01, 1985) 13.16.040. Solid Waste Advisory Committee -Appointment-Officers and Meetings. A. Members, ex officio and advisors shall be appointed by the Board. The Board may appoint additional persons to the committee in these categories. The Board may appoint or approve designation of alternates to serve in the absence of persons appointed to the committee. B. Public employee members shall serve for the terms of their offices. Appointment of other persons as members shall be for staggered terms not to exceed four years. Members shall serve until their successors are appointed and qualified. Vacancies shall be filled by the Board for the balance of the unexpired terms. C. The Board shall appoint one member as chairperson and another as vice chairperson, both of whore shall serve in that capacity at the pleasure of the Board. Five members of the committee shall constitute a quorum for the transaction of business. The committee shall meet at such times as deemed necessary or as called by the Board. The chairperson or any three members of the committee may call a special meeting with 10 -day notice to other members of the committee; provided, however, that members may waive such notice. (Ord. 85-037 §6.02, 1985) 13.16.050. Solid Waste Advisory Committee -Duties. In addition to other duties prescribed by DCC 13, the committee shall: A. Make an annual report to the Board containing recommendations on development and implementation of a solid waste management plan and any necessary regulations or amendments to DCC 13. B. In consultation with responsible public officials and with persons providing service: 1. Develop and periodically review a solid waste management plan including regional disposal and recycling sites and necessary disposal and recycling systems for review, adoption or modification by the Board; 2. Develop and recommend to the appropriate agency or the Board minimum standards for location and operation of disposal and recycling sites, including, but not limited to, protection of adjacent and nearby residents. C. Perform such other duties as are directed by the Board or as the committee may find necessary to effectively carry out the purposes of DCC 13. (Ord. 85-037 §6.03, 1985) 13.16.060. Regional Solid Waste Committee. The Board may appoint one or more members of the committee to serve on any regional solid waste committee to advise the Board. Chapter 13.16 2 (10/2001) (Ord. 85-037 §6.04, 1985) 13.16.070. Disposal and Recycling Sites- Management. Upon its own motion or upon recommendation of the committee, the Board may adopt reasonable and necessary regulations governing disposal and recycling sites or implementing DCC 13. Such regulations shall conform to ORS 459 and rules promulgated pursuant thereto. (Ord. 85-037 § 7.01, 1985) Chapter 13.16 3 (10/2001) 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 August 9, 2017 DATE: August 4, 2017 FROM: Chris Schmoyer, Community Development, 541-317-3164 TITLE OF AGENDA ITEM: Marijuana Production Appeal - 247-17-000520-A PUBLIC HEARING ON THIS DATE?: No The applicant requested and ultimately received administrative approval of an Administrative Determination to establish a marijuana production facility in the Exclusive Farm Use (EFU) Zone. The administrative decision issued by staff was appealed. The Board of Commissioners called up the matter for their review on June 21st, 2017. The hearing is scheduled for August 16, 2017. RECOMMENDATION & ACTION REQUESTED: Informational purposes only FILE NUMBERS: PROPERTY OWNER: APPLICANT: APPLICANT'S AGENT: APPELLANT: PROPOSAL: ADMINISTRATIVE DECISION ISSUED: APPEAL FILED: HEARING DATE: STAFF REVIEWER: STAFF COMMENT: LOCATION: Co Imr unity Development Department Planning Division Ridln sfety Division Environmental Solis Division P,0, Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http //rvww.deschutes,orgicd STAFF MEMORANDUM 247-17-000520-A (247 -17 -000208 -AD & 247 -17 -000209 -LM) Eakin Properties, LLC Alex Eakin Sun Country Engineering and Surveying Warren & Cheryl Holt The applicant requested and ultimately received administrative approval of an Administrative Determination to establish a marijuana production facility in the Exclusive Farm Use (EFU) Zone (Attachment A). The administrative decision issued by staff was appealed (Attachment B). The County Board of Commissioners called up the matter for their review on June 21st, 20171. June 9, 2017 June 21, 2017 Wednesday, August 16, 2017 at 10:00 am Chris Schmoyer, Associate Planner This memorandum supplements the Findings and Decision for the above -referenced land use application. This memorandum does not replace previous staff findings in the Findings and Decision, but supplements those previous findings in consideration of the appellant's objections listed in the Notice of Appeal. The subject property has an assigned address of 64670 Bill Martin Road, Tumalo, Oregon and is further identified as Tax Lot 300 on Deschutes County Tax Map 16-12-31 (Attachment C). The Board called up the matter via Order No. 2017-022. V1 t s Pe 70 ed with 'ride 150 -DAY REVIEW CLOCK: The 150th day on which the County must take final action on this application is September 20, 2017. STANDARDS & APPLICABLE CRITERIA Title 18 of the Deschutes County Code, the County Zoning Ordinance Chapter 18.16, Exclusive Farm Use Zones Chapter 18.56, Surface Mining Impact Area Combining Zone Chapter 18.84, Landscape Management Combining Zone Chapter 18.116, Supplementary Provisions Section 18.116.330, Marijuana Production, Processing, and Retailing Title 22 of the Deschutes County Code, the Development Procedures Ordinance II. OBJECTIONS & FINDINGS A. APPLICANTS STATED REASONS FOR THE APPEAL (appellant's quotations are provided in italics): Specific Reasons for Appeal: 1. Staff made factual errors in the interpretation of this application criteria; 2. Staff made a best estimate rather than relying on factual data regarding road trips per day for a warehouse/production facility on a road involved in an ownership and maintenance lawsuit. 3. Subject property is on Bill Martin Road, a road currently the subject of an ownership and maintenance lawsuit between existing residents, Deschutes County and Tumalo Irrigation District. B. APPELLANT'S STATED ARGUMENT #1: In the Notice of Appeal and supplemental materials, the appellant states: 1) As we, interested parties that live on Bill Martin Road, understand it a) This is not a massive marijuana grow facility in terms of production for sale. It's a limited grow to test chemical fertilizer production. STAFF RESPONSE: Staff agrees that the proposed marijuana production facility is not massive in scale as the applicant's proposes with this application an approximate 3,000 square foot structure and an approximate 5,184 square foot greenhouse structure (108' x 48') within a 120' x 120' fenced area to accommodate the proposed marijuana production operation. File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 2 of 6 Specifically, the applicant's burden of proof states: "The proposal is to construct a 3,000 square foot agricultural building (office, preparation and propagation, growing, etc.) as phase one, and the addition of 48 x108' (5,184 sf ea.) segmental greenhouse style growing structures in successive phases, not to exceed 20,000 square feet total, on the site...".2 C. APPELLANT'S STATED ARGUMENT #2: In the Notice of Appeal and supplemental materials, the appellant states: 2) Page 13 of 27 (Findings & Decision 247 -17 -000208 -AD & 247 -17 -00209 -LM) Item 3. states "Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows:" and sub item "d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet." a) Staff erred in stating in FINDING: The subject property contains 42 acres and is zoned EFU, thereby qualifying for up to 20,000 square feet of mature plant canopy. Under this application, the applicant has proposed a maximum of 5,000 square feet in mature plant canopy area, well below the 40,000 square feet allowed under (2)(d) above. This criterion will be met" 1) For the proposed production area it should state " feet allowed under (3)(d) above" and "well below the 20,000 square feet allowed... ". STAFF RESPONSE: Staff agrees that a reference to (2)(d) was a typo and that (3)(d) is the correct reference, nevertheless, the scope of the proposal does not exceed the maximum square feet of mature canopy allowed under the code based on the size of the subject property (approximately 42 acres in size). For reference, DCC 18.116.330 (B) (3) is provided below: B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: 2 On May 10, 2017, Staff verified with the applicant's agent that the applicant is proposing with this application marijuana production within the two structures depicted on the site plan as described above, but considering expansion in the future. The pending application is essentially phase 1 of the applicant's plans for the property. Any subsequent phase, or expansion beyond what is described in the submitted application materials, will require land use approval File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 3 of 6 i. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. [Emphasis added] D. APPELLANT'S STATED ARGUMENT #3: In the Notice of Appeal and supplemental materials, the appellant states: 3) Page 4 of 27 (Findings & Decision 247 -17 -000208 -AD & 247 -17 -00209 -LM), the Senior Transportation Planner says: "The most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Handbook does not contain a category for marijuana production. In consultation with the Road Department Director and Planning staff, the County has determined the best analog use is Warehouse (Land Use 150) based on the storage requirements and employees of this activity. Warehouse generates daily trips at a rate of 3.56 trips per 1,000 square feet. The applicant's burden of proof states there will be 5,184 square -feet of green house and a 3,000 - square foot office building- for total of 8,184 (5,184+ 3,000) square feet to be used for cannabis production and support. The resulting trip rate would be 29 daily trips (3.56 X 8.184). Deschutes County Code (DCC) at 18.116.310(C)(3)(a) states no traffic analysis is required if the proposed use will generate less than 50 new weekday trips. The proposed land use will meet not exceed that threshold and therefore no further traffic analysis is required." a) There is not 3,000 square feet of office space. There is a 3,000 square foot building that has a 192 square foot office space within it, as well as flowering rooms, drying room, processing room, and other spaces associated with the production and growth of their product. i) This should be studied further and corrected. Finding, if properly expressed by staff may well exceed the 50 vehicle trips per as estimated by staff, during cutting, drying, testing, and packaging periods. b) Most importantly, Bill Martin Road has been erroneously classified as a Local Access Road. This road is currently the subject of a lawsuit between the residents who use this road, Deschutes County and Tumalo Irrigation District. To classify it as an unmaintained Local Access Road at this time is not only premature, but careless. File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 4 of 6 i) Bill Martin Road, in its current state, is not safe for the heavy trucks that would be needed to construct the buildings proposed on this property. (1) Access to this proposed facility is off of Tumalo Reservoir Road and is currently unmaintained and listed bythe County as a Public Access Road. The road is badly rutted with severe potholes and unsafe for the existing residents using the road, making it questionable if the road will bear the weight of additional traffic. Adding more traffic until the lawsuit is settled will only exacerbate the problem. (2) This past winter, several sinkholes developed in the area, one of which was across the road and severe enough to trap residents from leaving their homes or unable to get home. There are currently two water carved caverns under this road that may cause the road to collapse under heavy equipment usage. (3) It is not reasonable to grant this application until the roadway maintenance lawsuit is settled and the road is either made safe for transit or moved entirely. STAFF RESPONSE: Regarding the appellant's stated argument #3 (a), the applicant indicates a processing room to be proposed within the 3,000 square foot structure, however, marijuana processing is not identified on the floor plans nor proposed with the application. The County Senior Transportation Planner, Peter Russell, has provided a memorandum addressing transportation -related concerns expressed by the appellant and is included as an attachment to this memo (Attachment D). Regarding review criteria pertaining to access to the property, marijuana production operations may be subject to DCC 18.116.330(B)(8), but is only applicable to proposed marijuana production facilities exceeding 5,000 square feet of canopy area for mature marijuana plants. The access requirements under DCC 18.116.330 (B) (8) are not applicable in this matter as the applicant does not propose to exceed 5,000 square feet of canopy area for mature marijuana plants as part of this application. The floor plan submitted with the application identifies the proposed 3,000 square foot structure to include four 12 foot x 24 foot flowering rooms, 288 square feet in size each, having a combined total of approximately 1,152 square feet. DCC 18.116.330 (B) (8) provides: B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 8. Access. Marijuana production over 5,000 square 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 File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 5 of 6 b. Have access from a private road or easement serving only the subject 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 marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. In response to notice of the application, George Kolb, former County Engineer with the Deschutes County Road Department, provided the following comments: This application is accessed off of Bill Martin Road. Bill Martin Road was dedicated for public use per Land Use Action RD 06-3. It is classified as a Local Access Road which is defined in ORS 368.001 as a public road that is not a County road, State Highway or Federal Highway and therefore is not maintained by Deschutes County. I11. CONCLUSION The Findings & Decision for this application identifies all applicable sections of County Code and evaluates compliance with the applicable criteria and standards of such review. This memorandum only supplements the findings of compliance with the identified ordinances in relation to the issues raised in the Notice of Appeal. Based on the foregoing Findings and Decision, staff finds that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. Attachments: A. Administrative Decision for 247 -17 -000208 -AD & 247 -17 -000209 -LM B. Appeal Application and materials C. Vicinity map, applicant's plot plan and other maps D. Memo from County Senior Transportation Planner File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 6 of 6 Mailing Date: Friday, June 09, 2017 Community Dev opment Department Planning Division Bond ng Safety Division Environmental Soils Division FILE NUMBERS: P.O. Box 6005 117 NW %afayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.orgicd FINDINGS & DECISION 247 -17 -000208 -AD & 247 -17 -000209 -LM APPLICANT: Alex Eakin 115S2nd St. Selah, WA 98942 OWNER: Eakin Properties, LLC 11552nd St. Selah, WA 98942 PROPOSAL: The applicant requests approval of an Administrative Determination to allow indoor marijuana production on the subject property zoned Exclusive Farm Use (EFU). Nonvisible Landscape Management Site Plan Review is also requested. STAFF REVIEWER: Chris Schmoyer, Associate Planner I. APPLICABLE CRITERIA Title 18, Deschutes County Zoning Ordinance Chapter 18.16, Exclusive Farm Use Zones Chapter 18.56, Surface Mining Impact Area Combining Zone Chapter 18.84, Landscape Management Combining Zone Chapter 18.116, Supplementary Provisions Section 18.116.330, Marijuana Production, Processing, and Retailing Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS A. LOCATION: The subject property has an assigned address of 64670 Bill Martin Rd., Tumalo, Oregon and is further identified as Tax Lot 300 on Deschutes County Tax Map 16-12-31. B. LOT OF RECORD: The subject property is a legal lot of record as it is Parcel 1 of Partition Plat 2011-04. C. ZONING: The property is within the Exclusive Farm Use—Tumalo/Redmond/Bend subzone (EFU-TRB). The parcel is also within the Surface Mining Impact Area Combining Zone, a Reclaimed Surface Mining Impact Area, and the approximate east Attachment "A" to Staff Memo Qua(ittt Services Performed with Pr half of the parcel is in the Landscape Management (LM) Combining Zone associated with Highway 97. D. SITE DESCRIPTION: The subject parcel is approximately 42 acres in size and is currently vacant. The property has multiple two -track and dirt roads and trails in various locations throughout the site. The property supports scattered juniper trees and native vegetation. The terrain falls moderately from Bill Martin Rd, the primary access to the site, eastward into a gentle draw, and climbs gently back up, to the Tumalo Rim before falling steeply into the Tumalo Valley floor approximately 100 vertical feet. E. SURROUNDING ZONING AND LAND USES: Zoning surrounding the property consists of EFU-TRB to the north and south, Surface Mining to the west and Tumalo Commercial and Tumalo Residential to the east across Highway 20. The property is bound by Bill Martin Road on the west line, Strickler Avenue and State Hwy 20 on the east, with largely undeveloped EFU parcels to the north and south. Tax Lot 102, 16-12-31, adjacent and to the north of the subject property is developed with a single-family dwelling authorized under Land Use File CU -06-22 as a nonfarm dwelling. Abutting the subject property to the south is tax lot 302, 16-12-31, a vacant parcel that has a valid conditional use permit to establish a nonfarm dwelling. Also to the south are lands zoned Tumalo Rural Community Zoning Districts, which include residential, commercial, and research and development uses. To the west is Surface Mining Site No. 357. Additionally, tax lot 301, owned by Central Electric Cooperative, forms a 1.63 -acre indentation into the western boundary of the subject property. Tax lot 301 is developed with a utility substation. F. PROPOSAL: The applicant requests approval of an Administrative Determination to establish a recreational marijuana production facility in the Exclusive Farm Use (EFU- TRB) zone. Although, the application indicates that a maximum mature plant canopy on site would not exceed 20,000 square feet, under this application, two new structures are proposed; a 1,680 square foot accessory structure and a 5,184 square foot greenhouse, thus exclusively reviewed in this decision. The submitted burden of proof states: "This application requests approval for development of marijuana production facilities (greenhouses) and accessory buildings for growing recreational marijuana. The proposal is to construct a 3,000 square foot agricultural building (office, preparation and propagation, growing, etc) as phase one, and the addition of 48x108' (5,184 sf ea.) segmental greenhouse style growing structures in successive phases, not to exceed 20,000 square feet total, on the site." The submitted site plan identifies two proposed structures; a 108' x 48' (5,148 square feet) "green house" and 50' x 60' (3,000 square foot) "indoor facility" structure, thus, these are the structures subject to this review. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 2 of 27 N7 N VW) PARCEL 2 OF PP -2O 11-4 \ TM LOT Source: Excerpt of Applicant's Site Plan identifying location of the proposed structures. G. LAND USE HISTORY: According to Deschutes County Community Development records, the property was approved for a non-farm dwelling permitted by file CU -09- 40. H. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice and received comments from the following agencies: Deschutes County Building Division: The Deschutes County Building Safety Divisions code required Access, Egress, Setback, Fire & Life Safety Fire Fighting Water Supplies, etc. will be specifically addressed during the plan review process for any proposed structures and occupancies. All Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Deschutes County Road Department: George Kolb, County Engineer, provided the following comments: • This application is accessed off of Bill Martin Road. Bill Martin Road was dedicated for public use per Land Use Action RD 06-3. It is classified as a Local Access Road which is defined in ORS 368.001 as a public road that is not a County road, State Highway or Federal Highway and therefore is not maintained by Deschutes County. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 3 of 27 • The Burden of Proof (Page 4, Section 18.16.070. Yards) states, "the subject property fronts on a County Local Road.". Bill Martin Road is a Local Access Road, not a County road. Deschutes County Senior Transportation Planner, Peter Russell: I have reviewed the transmittal materials for 247-17-000208-AD/209-LM for a marijuana production (growing) operation in the Exclusive Farm Use (EFU) zone at 64670 Bill Martin Road, aka 16-12-31, Tax Lot 300. While the applicant has indicated he eventually intends to devote up to 20,000 square feet for production, the current application is only for the 8,184 square feet of Phase One. The most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Handbook does not contain a category for marijuana production. In consultation with the Road Department Director and Planning staff, the County has determined the best analog use is Warehouse (Land Use 150) based on the storage requirements and employees of this activity. Warehouse generates daily trips at a rate of 3.56 trips per 1,000 square feet. The applicant's burden of proof states there will be 5,184 square -feet of green house and a 3,000 -square foot office building for total of 8,184 (5,184 + 3,000) square feet to be used for cannabis production and support. The resulting trip rate would be 29 daily trips (3.56 X 8.184). Deschutes County Code (DCC) at 18.116.310(C)(3)(a) states no traffic analysis is required if the proposed use will generate less than 50 new weekday trips. The proposed land use will meet not exceed that threshold and therefore no further traffic analysis is required. Board Resolution 2013-020 sets a (SDC rate of $3,852 per p.m. peak hour trip. The ITE indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet, which would result in 2.6 p.m. peak hour trips (0.32 X 8.2). Thus the applicable SDC would be $10,015 (2.6 X $3,852). The SDC is due prior to issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. Bend Fire Department: Jeff Bond, Deputy Fire Marshal, provided the following comments: General Safety Provisions: • Material Safety Data Sheets shall be on property and made easily accessible to the fire code official. Section 5003.4 of the 2014 Oregon Fire Code • Containers and/or packages related to hazardous materials shall be properly labeled and warning signage shall be properly displayed and easily visible. Section 5003.5.1 of the 2014 Oregon Fire Code. • All persons shall be trained on what to do in the event of an emergency involving hazardous materials on the property. Sections 406 and 407 of the 2014 Oregon Fire Code. • NFPA 704 hazard identification signs shall be placed on stationary containers and above ground tanks and at entrances to locations where hazardous materials are stored, dispensed, used, or handled in quantities requiring a permit and at specific entrances and locations designated by the fire code official. Section 5003.5 of the 2014 Oregon Fire Code. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 4 of 27 • Clearance between ignition sources, such as luminaires, heaters, flame - producing devices, and combustible materials, shall be maintained in an approved manner. Section 305.1 of the 2014 Oregon Fire Code. Building and Equipment Design Features: • Interior finishes (Visqueen® or Mylar® type plastic/polyethylene or polyester to cover walls and ceilings) must comply with flame spread ratings in accordance with Table 803.3 of the 2014 Oregon Fire Code. Exits and Exit Signage, Egress: Security measures shall not conflict with the maintenance and operation of exiting and egress. • Means of egress shall not be concealed in any way. Section 1008.1 of the 2014 Oregon Fire Code. • Exit doors and their function shall not be eliminated or modified in any way without prior approval of the Building Official. Section 1001.2 of the 2014 Oregon Fire Code. • Slide bolts and security bars installed on emergency egress doors are prohibited. Section 1008.1.9.4 of the 2014 Oregon Fire Code. Fire Extinguishers: • Provide 10 lb. ABC 4A:80B:C portable fire extinguishers through the facility to achieve a maximum travel distance of no more than 75 feet to each fire extinguisher. Section 906.1 of the 2014 Oregon Fire Code. Fire Apparatus and Building Access: • Buildings/facilities associated with the production of marijuana shall have at least one all-weather road 20 feet wide and supporting fire apparatus up to 60,000 GVW Section 503.2 of the 2014 Oregon Fire Code. • Gates across fire apparatus access road shall be approved by the fire code official. Section 503.6 of the 2014 Oregon Fire Code. • The installation of a Knox Box® and/or Knox® Key Override shall be installed to provide rapid entry. Section 506.1 of the 2014 Oregon Fire Code. Fire Protection Water Supplies: An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Section 507.1 of the 2014 Oregon Fire Code. • Fire flow requirements for buildings or portions of buildings shall be determined by an approved method. Documentation of the available fire flow shall be provided to the fire code official prior to final approval of the water supply system. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 5 of 27 • In areas without water supply systems, the fire code official is authorized to use NFPA 1142 in determining fire flow requirements. Appendix B107.1 of the 2014 Oregon Fire Code. Hazardous Materials and Operations: • Provide information to the fire code official on the use of Carbon Dioxide and Carbon Dioxide generators related to the marijuana production operation. The use of Carbon Dioxide or Carbon Dioxide Generators creating an asphyxiation hazard shall require monitoring, detection and an audible alarm. Chapter 50 of the 2014 Oregon Fire Code. Electrical: Identified electrical hazards shall be abated. Identified hazardous electrical conditions in permanent wiring shall be brought to the attention of the responsible code official. Electrical wiring, devices, appliances, and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used. Section 605.1 of the 2014 Oregon Fire Code. • Electrical appliances and fixtures shall be tested and listed in published reports of inspected electrical equipment by an approved agency and installed and maintained in accordance with all instructions included as part of such listing. Section 605.7 of the 2014 Oregon Fire Code. Other Fire Service Features: • New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers shall be a minimum 4 inches high with a minimum stroke width of 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address signs are available through the Deschutes Rural Fire Protection District #2. An address sign application can be obtained from the City of Bend Fire Department website or by calling 541-388-6309 during normal business hours. Section 505.1 of the 2014 Oregon Fire Code. Tumalo Irrigation District: Provided a transmittal response of "no comment" The following agencies either had no comment or did not respond to the notice: Central Electric Co-op, Oregon Liquor Control Commission, Oregon Department of Transportation, Redmond School District 2J, Watermaster District 11. I. PUBLIC COMMENTS: The Planning Division mailed a written notice of this action to property owners within 750 feet of the subject property on March 30, 2017. The applicant provided an affidavit stating they posted a land use action sign on their property where it could clearly be seen from Bill Martin Road on April 13, 2017 for a total of 10 days. No written comments were received from the public regarding this proposal. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 6 of 27 J. REVIEW PERIOD: This application was submitted on March 24, 2017 and was deemed complete on April 23, 2017. The 150th day on which the County must take final action on this application is September 20, 2017. III. CONCLUSIONARY FINDINGS A. Chapter 18.16, Exclusive Farm Use Zones 1. Section 18.16.020. Use Permitted Outright. The following uses and their accessory uses are permitted outright: S. Marijuana production, subject to the provisions of DCC 18.116.330. FINDING: The proposed recreational marijuana production facility is an allowable use permitted outright in the EFU zones, subject to the provisions of DCC 18.116.330, which are reviewed below. 2. 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The applicant proposes to construct a 3,000 square foot agricultural building (office, preparation and propagation, growing, etc.) at a height of 20 feet, 2 inches and a 5,184 greenhouse having a height of no more than 18 feet. Confirmation with building height will be verified during the building permit review process. This standard is met. 3. Section 18.16.070. Yards. A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 7 of 27 FINDING: As shown on the submitted site plan, the proposed structures are located in excess of 100 feet from any property line, satisfying the criteria. B. CHAPTER 18.56. SURFACE MINING IMPACT AREA COMBINING ZONE 1. Section 18.56.140. Exemptions The following shall be exempt from the provisions of DCC 18.56: A. Uses in the SMIA Zone which are not within one-half mile of any identified resource in the SM Zone after reclamation has occurred. B. Continuation and maintenance of a conforming or nonconforming use established prior to the effective date of Ordinance No.90- 014. C. The employment of land for farm or forest use. D. Additions to noise -sensitive or dust -sensitive uses or structures existing on the effective date of Ordinance No.90-014 or established or constructed in accordance with DCC Chapter 18.56 which are completely screened from the surface mining site by the existing use or structure. FINDING: The applicant proposes a greenhouse and agricultural support structure to be used for marijuana production, a farm use. Staff finds the applicant meets the requirements of item C above and is exempt from the provisions of DCC 18.56. C. CHAPTER 18.84, LANDSCAPE MANAGEMENT COMBINING ZONE 1. Section 18.84.020, Application of Provisions The provisions of DCC 18.84 shall apply to all areas within one-fourth mile of roads identified as landscape management corridors in the Comprehensive Plan and the County Zoning Map. The provisions of DCC 18.84 shall also apply to all areas within the boundaries of a State scenic waterway or Federal wild and scenic river corridor and all areas within 660 feet of rivers and streams otherwise identified as landscape management corridors in the comprehensive plan and the County Zoning Map. The distance specified above shall be measured horizontally from the center line of designated landscape management roadways or from the nearest ordinary high water mark of a designated landscape management river or stream. The limitations in DCC 18.84.20 shall not unduly restrict accepted agricultural practices. FINDING: Highway 20 is identified on the County Zoning Map as the Landscape Management (LM) feature. The proposed structures are situated on a portion of the property that is within the LM Combining Zone, thus, are subject to applicable criteria of this chapter. 2. Section 18.84.050, Use limitations A. Any new structure or substantial exterior alteration of a structure requiring a building permit or an agricultural structure within an LM Zone shall obtain site plan approval in accordance with DCC 18.84 prior 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 8 of 27 to construction. As used in DCC 18.84 substantial exterior alteration consists of an alteration which exceeds 25 percent in the size or 25 percent of the assessed value of the structure. B. Structures which are not visible from the designated roadway, river or stream and which are assured of remaining not visible because of vegetation, topography or existing development are exempt from the provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks). An applicant for site plan review in the LM Zone shall conform with the provisions of DCC 18.84, or may submit evidence that the proposed structure will not be visible from the designated road, river or stream. Structures not visible from the designated road, river or stream must meet setback standards of the underlying zone. FINDING: Regarding (A) above, the proposed structures are within the LM Combining Zone, associated with agricultural use and may require a building permit, thus are subject to applicable requirements of this chapter. As shown on the tentative plan, the buildings are set back from the ridgeline enough to preclude a sightline from the building top and highway. The proposed structures will not be visible from Highway 20 and will continue to remain not visible because of steep topography between the structures and the highway, as well as, distance, and a thickly wooded area of Juniper trees between the highway and the proposed development site. Based on this information, the proposed structures qualify for exemption from the design review and setback standards of chapter 18.84 of the Deschutes County Code. Site photos (below) show the site lines from the base of the ridge at the highway, and from Photo from Highway Source: Applicant's Burden of Proof Statement 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 9 of 27 3. Section 18.84.090. Setbacks. A. Except as provided in DCC 18.84.090, minimum setbacks shall be those established in the underlying zone with which the LM Zone is combined. B. Road Setbacks. All new structures or additions to existing structures on lots fronting a designated landscape management road shall be set back at least 100 feet from the edge of the designated road right-of-way unless the Planning Director or Hearings Body finds that: 1. A location closer to the designated road would more effectively screen the building from the road; or protect a distant vista; or 2. The depth of the lot makes a 100 -foot setback not feasible; or 3. Buildings on both lots abutting the subject lot have front yard setbacks of less than 100 feet and the adjacent buildings are within 100 feet of the lot line of the subject property, and the depth of the front yard is not less than the average depth of the front yards of the abutting lots. If the above findings are made, the Planning Director or Hearings Body may approve a less restrictive front yard setback which will be appropriate to carry out the purpose of the zone. C. River and Stream Setbacks. All new structures or additions to existing structures shall be set back 100 feet from the ordinary high water mark of designated streams and rivers or obtain a setback exception in accordance with DCC 18.120.030. For the purpose of DCC 18.84.090, decks are considered part of a structure and must conform with the setback requirement. The placement of on-site sewage disposal systems shall be subject to joint review by the Planning Director or Hearings Body and the Deschutes County Environmental Health Division. The placement of such systems shall minimize the impact on the vegetation along the river and shall allow a dwelling to be constructed on the site as far from the stream or lake as possible. Sand filter systems may be required as replacement systems when this will allow a dwelling to be located further from the stream or to meet the 100 -foot setback requirement D. Rimrock Setback. New structures (including decks or additions to existing structures) shall be set back 50 feet from the rimrock in an LM Zone. An exception to this setback may be granted pursuant to the provisions of DCC 18.84.090(E). E Rimrock Setback Exceptions. An exception to the 50 -foot rimrock setback may be granted by the Planning Director or Hearings Body, subject to the following standards and criteria. 1. An exception shall be granted when the Planning Director or Hearings Body finds that: a. A lesser setback will make the structure less visible or completely screened from the river or stream; or b. The subject lot or parcel was a lot of record prior to the adoption of this ordinance; or c. Dwellings (including decks) on both lots or parcels abutting the subject lot within 50 feet of the rimrock and the adjacent buildings are within 100 feet of the lot line of the subject property; or d. Adherence to the 50 -foot setback would prevent the structure from being sited on the lot. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 10 of 27 4. Section 18.84.030. Uses Permitted Outright. Uses permitted in the underlying zone with which the LM Zone is combined shall be permitted in the LM Zone, subject to the provisions in DCC 18.84. FINDING: The proposed marijuana production use is permitted outright in the underlying EFU Zone, subject to the provisions of DCC 18.116.330, which are addressed below. Therefore, the proposed use is permitted outright in the LM Zone, subject to the provisions in DCC 18.84. This criterion is met. 5. Section 18.84.090, Setbacks B. Road Setbacks. All new structures or additions to existing structures on lots fronting a designated landscape management road shall be set back at least 100 feet from the edge of the designated road right-of-way unless the Planning Director or Hearings Body finds that: 1. A location closer to the designated road would more effectively screen the building from the road; or protect a distant vista; or 2. The depth of the lot makes a 100 -foot setback not feasible; or 3. Buildings on both lots abutting the subject lot have front yard setbacks of less than 100 feet and the adjacent buildings are within 100 feet of the lot line of the subject property, and the depth of the front yard is not less than the average depth of the front yards of the abutting lots. If the above findings are made, the Planning Director or Hearings Body may approve a less restrictive front yard setback which will be appropriate to carry out the purpose of the zone. FINDING: The proposed structures are shown to be sited over 700 feet from Highway 20 complying with this standard. C. River and Stream Setbacks. All new structures or additions to existing structures shall be set back 100 feet from the ordinary high water mark of designated streams and rivers or obtain a setback exception in accordance with DCC 18.120.030. For the purpose of DCC 18.84.090, decks are considered part of a structure and must conform with the setback requirement. The placement of on-site sewage disposal systems shall be subject to joint review by the Planning Director or Hearings Body and the Deschutes County Environmental Health Division. The placement of such systems shall minimize the impact on the vegetation along the river and shall allow a dwelling to be constructed on the site as far from the stream or lake as possible. Sand filter systems may be required as replacement systems 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 11 of 27 when this will allow a dwelling to be located further from the stream or to meet the 100 -foot setback requirement. FINDING: The property is not located near a river or stream. Therefore this criterion is not applicable. D. Chapter 18.116, Supplementary Provisions 1. Section 18.116.330, Marijuana Production, Processing, and Retailing. A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, MUA-10, and RI zones. 2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tul, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. FINDING: The applicant has proposed Marijuana Production in an EFU zone. Therefore this section applies. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. FINDING: The subject property is a legal lot of record as it is Parcel 1 of Partition Plat 2011- 04, a lawfully platted partition plat. 2. Indoor Production and Processing. a. In the MUA-10 zone, marijuana 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, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. c. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The subject property is within the EFU zone. The applicant has proposed that all production will occur within a 108' x 48' (5,148 square feet) "green house" and 50' x 60' 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 12 of 27 (3,000 square foot) "indoor facility" structure, each complying with these criteria. As an ongoing condition of approval, marijuana production is prohibited in any outdoor area. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: 1. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. FINDING: The subject property contains 42 acres and is zoned EFU, thereby qualifying for up to 20,000 square feet of mature plant canopy. Under this application, the applicant has proposed a maximum of 5,000 square feet in mature plant canopy area, well below the 40,000 square feet allowed under (2)(d) above. This criterion will be met. 4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. FINDING: The subject property is not located in the MUA-10 Zone, therefore, this criterion does not apply. 5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lot. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 13 of 27 FINDING: The applicant indicates that the proposed production facility will operate under an Oregon Liquor Control Commission (OLCC) permit, in application to the State of Oregon. The proposed use includes only one (1) OLCC licensed marijuana production site. This criterion will be met. 6. Setbacks. The following setbacks shall apply to all marijuana 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 marijuana production or processing application to Deschutes County. c. Exception: Any reduction to these setback requirements 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. FINDING: The submitted plot plan identifies both the proposed green house and agricultural support structure to be sited well beyond the minimum of 100 feet from all property lines and beyond 300 feet from an off-site dwelling. Based on the submitted plan, the fenced area containing the proposed structures would be approximately 180 feet from the south property line, 700 feet from the east property line, 1,635 feet from the west line and 510 feet from the north property line. The nearest existing dwelling is over 800 feet south from the proposed green house and agricultural support structure on Tax Lot 410, on Assessor's Map 16-12-31. The parcel abutting the subject property to the south, Tax lot 302 on Assessor's Map 16-12-31, has a valid land use approval for a dwelling, but a building permit has not yet been submitted. The approved homesite area on Tax Lot 302 is approximately 1,480 feet south of the fenced area for the proposed Marijuana production operation. Staff finds this criterion will be met. 7. Separation Distances. Minimum separation distances shall apply 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 seq., 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(1)(a), including 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 14 of 27 any parking lot appurtenant thereto and any property used by the school; Hi. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and v. National monuments and state parks. b. For purposes of DCC 18.116.330(6)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(6)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(6)(7) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. FINDING: In response to these criteria, the applicant's burden of proof states: The nearest qualified uses requiring a separation distance under this section in the vicinity, is located north and east of the subject property, being tax lot 1201, owned by Tumalo Elementary School. The proposed facility, buildings and land area occupied by the producer, is located over 1,000 feet from the qualified property lot line. Staff finds that based on the applicant's burden of proof and submitted site plan, coupled with current Deschutes County Property Information (DIAL) and GIS mapping, none of the properties within 1,000 feet of the proposed use are described in the criteria of the section. These criteria are met. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards j...] FINDING: The applicant does not propose to exceed 5,000 square feet of canopy area for mature marijuana plants as part of this application. These criteria do not apply. 9. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 15 of 27 the building from 7:00 p.m. to 7:00 a.m. 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 plane through the lowest light -emitting part. c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. FINDING: The applicant burden of proof states, The proposed building in this application does not contain windows. Any other openings, such as on man doors, overhead doors, vents or other openings will be equipped to shield light during the hours of 7 PM to 7 AM. The proposed green house will be covered with opaque panels for light penetration during normal hours and operation, and equipped with automated "black out" coverings under the opaque roofing to provide light deprivation periods (part of the production process) where light cannot penetrate, and also prevent any escapement during the restricted hours of 7 PM to 7 AM. Therefore, no indoor lighting will be visible at any time. These criteria can be met through the applicant's ability to comply with a condition of approval. 10. Odor. As used in DCC 18.116.330(6)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon 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 all, as provided in applicable state statute. d. The odor control system shall: i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 16 of 27 ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (1) above. e. The system shall be maintained in working order and shall be in use. FINDING: The applicant submitted a letter, dated March 6, 2017, from Jay Castino of JJC Engineering, a mechanical engineer licensed in the State of Oregon. Mr. Castino's letter contains details of the system to be implemented with the proposed structures. Pertinent excerpts of his letter are provided below: This is a narrative report statinc that Alex Eakin' s marijuana production facility at 64670 Bill Martin RD Bend, OR meets the odor control system requirement of DCC 8116.330(6)00) and complies with the noise requirements of DCC 18.1 16.330(B X 11). Building Description Mr.. Eakin's nnarlj ana production facility is in an agricultural building, See architectural information provided by others for more detail. HVAC system description A conventional "ail -air" split system furnace and NC coil will be used to condition the space for the marijuana production facility. In the normal mode of operation, it will condition and recirculate the air within the budding; no air is exhausted from the building, in the economizes mode of operation, it will intake fresh air from outside to condition the interior space and exhaust stale air back to the outside. In this economizer mode, air will be exhausted from the building and will nun through the odor control system before exiting the building (see Figure 1 on next page). 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 17 of 27 Odor control system An activated ca (charcoal) fatter on the exhaust system will provide tt e odor control. When the HVAC system gees into economizer mode, the activated carbon filters on the exhaust system will scrub the exhaust air (see Figure 1). The activated carbon filters will be maintained andlor replaced per tate manufacturer's suggested service intervals. This odor control system will not reasonably tntertere with neighbors' use and enjoyment of their property, osoixer mode ud odor rout Based on the submitted letter from Mr. Castino, the applicants odor control system will satisfy the requirements of DCC 18.116.330(B)(10)(d)(ii) above. As indicated, the letter confirms capable compliance with this section odor control. The applicant indicates that regular maintenance and repairs will be in accordance with manufactures recommendations performed by qualified technicians. Compliance with this criterion can be met through the applicant's ability to comply with an ongoing condition of approval that the applicant's proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 11. Noise. Noise produced by marijuana 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) 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 18 of 27 measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. FINDING: The letter from Jay Castino of JJC Engineering, a mechanical engineer licensed in the State of Oregon, also addresses noise impacts from the proposed use. Pertinent excerpts of his letter are provided below: Noise requirements The HVAC at and odor control sr s do not operate in a .sustained manner. They operate intermittently, sir iiar t0 the function of a normal residential furnace or heat pump. Further, the equipment specifications and our calculations indicate that the sound level will not be above 30 dba, as measured from any property line, between 10pm and 7am. Staff finds the Engineer's statements satisfy the requirements of this section. These criteria can be met. As an ongoing condition of approval, sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non- rigid structures and land areas used for marijuana production and processing: a. Subject 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 subject 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 adjacent 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. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 19 of 27 FINDING: Staff finds this section applies to both the greenhouse and the proposed rigid structure because although the rigid structure is not a greenhouse or similar non -rigid structure, it is part of the "land area used for marijuana production". The submitted site plan identifies fencing fully surrounding the proposed structures. The proposed structures are within the Landscape Management Combining Zone associated with Highway 20, but will not be visible from the Highway, as discussed above, thus not subject to the design review standards under DCC Section 18.84.080. The property is not within the Wildlife Area (WA) Combining Zone. The applicant indicates that as required or desired, all fencing materials will be specified to comply with this section, as indicated. These criteria can be met through the applicant's ability to comply with conditions of approval. As an ongoing condition of approval, all 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. As an ongoing condition of approval, the existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit the 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 copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; 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. FINDING: The applicant's burden of proof statement provides the following in response to this criterion: Per correspondence with Tumalo Irrigation District staff, a copy of which submitted with this application, the subject property has no access to irrigation water and no rights associated with it. The applicant has arranged for bulk water delivery from the Laidlaw Water Company for crop irrigation water, as that water is stored, filtered, conditioned, and recycled within a closed system, with a cistern/storage vessel on site for supply. However, the applicant decided to switch water hauling providers, and on June 6, 2017, staff received a letter from the applicant from the new provider, which is provided below: 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 20 of 27 June 2, 2017 Eakin Enterprises Inc. EIN# 911687122 DOT#1752698 Eakin Enterprises Inc. 115 s. 2nd St Selah, WA 98942 Liquid Transport Company Subject: Will Serve Letter Eakin Enterprises Inc is a professional liquid transport company that has served liquid transport needs across the United States for over 15 years. We are willing and able to deliver potable water to: 64670 Bill Martin Rd. Bend, Or 97703. We have equipment available that is based out of Bend, Or. The interned use for the water will be for the OLCC-Licensed indoor production of Cannabis. The water will be purchased from the Laidlaw Water Company in Tumalo and can be purchased in bulk as needed by the client, Per the customers request the deliveries will be scheduled as needed in 1,000 gallon increments. We have the capacity to deliver up to 7,000 gallons at one time. We are capable of scheduling multiple deliveries in a week if there was the need. For more questions please feel fre John Eakin (Owner) 509-728-0998 'ar`neakin@rnsn.com o Contac rne. Based on the will -serve letter from Eakin Enterprises, Inc. above, water serving the marijuana production operation will be supplied from a private water provider satisfying 13 (b) above. 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. FINDING: No processing is proposed by the applicant; therefore this section does not apply. 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. FINDING: The property is served by Pacific Power and Central Electric Co-operative, Inc. The portion of the property where the structures and use are proposed falls within Pacific Power's coverage area. Although a will serve letter from Central Electric Co-operative, Inc. was submitted with the application, the applicant discovered the portion of the site where the 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 21 of 27 use is proposed was within Pacific Power's jurisdiction. On May 24, 2017 staff received a letter from the applicant written by Tom Coburn with Pacific Power that Pacific Power can and will provide electric service to the proposed Cannabis Grow operation on the subject property. PACIFIC Alex Eakin' Amin: Alex 64670 1:3111 Marti? Rd Bald, OR 97703 Will Scrvc: 6 ,7th i3t11 'u1 rli i t of the NW t! certified rights to provide elect cstitllated load pz ,vded by th, cu app Oregon Stab 1'at some situations, costs, n8 NEWe t rAre {,d.OR 977*1 a DESC'11U fl ,S t 1r1N1 Y r has l ctricttl distrii tttit rl facilit. schutes, 1° cn; and 1plterl c as alis Grow att ration,, with an 277/480 v, thrc phase„ 'e be awar el i• `aburri d I stimatin customer iv#11 be n7, 1c cuit Jr3 ers of 1 Megawatt impacts on the ele tri :art f t8uraahie time after srvice is rtd Regulations as filed with the- and Regulations require that under d to par pate iri the line extension �ystct 541 38il 71.56 will require the and any constaxtc u An image of the letter from Pacific Power is provided below: Based on the above, this criterion is met. and l e'tttlttticrts of Pacific 16. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 22 of 27 rights-of-way, except as required to comply with requirements of the OLCC or the OHA. FINDING: The applicant proposes a camera system for remote monitoring and recording per OLCC guidelines, even though the grow area is located within secured buildings. The applicant indicates that only the vicinity of the building will be monitored as directed in this section. With the imposition of a condition of approval requiring security cameras to be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC or the OHA, this criterion is met. 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). FINDING: The applicant states that the appropriate locking container as required, under the maintenance and supervision of the owner/operator/qualified designee, will be in accordance under OLCC requirements. 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 subject property; b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or c. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. FINDING: The subject property is not in the MUA-10 zone; therefore, this section does not apply. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016. FINDING: There is no existing medical marijuana grow site on the subject property, therefore this criterion does not apply. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop; 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 23 of 27 iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. c. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: i. Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. v. Public Parks. vi. Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. FINDING: The applicant is not proposing any of the prohibited uses listed above. As a condition of final decision, the uses listed in DCC 18.116.330(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve 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 Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 24 of 27 regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development 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 19Z502(17). FINDING: Compliance with the annual reporting obligation of this section is required. The applicant states they will comply with these requirements. As an ongoing condition of approval, the annual reporting requirements of DCC 18.116.330(D) shall be met. IV. CONCLUSION Based on the foregoing Basic and Conclusionary Findings, staff finds that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. V. DECISION APPROVAL, subject to the following conditions of approval. VI. CONDITIONS OF APPROVAL A. Use & Location: Marijuana production is approved exclusively inside the proposed 5,184 square foot greenhouse and 1,680 square foot structure. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. ONGOING CONDITIONS OF APPROVAL A. Lighting: The following lighting standards shall be met. 1. Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. 2. 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 plane through the lowest light - emitting part. 3. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 4. All exterior lighting shall be shielded so that direct light does not project off site. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 25 of 27 B. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. C. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. D. Fencing: If fencing is used, it shall be finished in a muted brown, green, or natural wood color and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc. E. Screening: The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit the 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. F. Security Cameras: If security cameras are used, they shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC or the OHA. G. Waste: The marijuana waste receptacle shall be stored in a limited access area inside the production facility, in the possession of and under the control of the OLCC licensee. H. Prohibited Uses: The uses listed in DCC 18.116.330(20) shall be prohibited on the subject property so long as Marijuana Production and/or Processing are conducted on the site. Marijuana production and processing are prohibited in any outdoor area. I. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. J. Height: No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. VII. DURATION OF APPROVAL: The Applicant shall obtain all required permits and initiate the use within two (2) years following the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the Deschutes County Code, or this approval shall be void. 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 26 of 27 This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. DESCHUTES COUNTY PLANNING DIVISION Written by: Chris Schmoyer, Associate Planner Reviewed by: Peter Gutowsky, Planning Manager 247 -17 -000208 -AD & 247 -17 -000209 -LM Page 27 of 27 A Community De elopment Department Planning Division Building Safety Division Environmental Solis Division P,O, Box 6005 1 17 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd APPEAL APPLICATION FEE: EVERY NOTICE OF APPEAL SHALL INCLUDE: 1. A statement describing the specific reasons for the appeal. 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3. if the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. 4. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal. Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal (DCC Section 22.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning those issues. Appellant's Name (print): _Warren & Cheryl Holt Phone: (408) 691-2702 Mailing Address:PO Box 5937 City/State/Zip: Bend, OR 97708 Land Use Application Being Appealed 247 -17 -000208 -AD & 247-17-0002091M Property Description: Township 16 , Range 12 Section 31 Tax Lot 300 Appellant's Signature:, l� dikF, and 0€;-71l //di' EXCEPT AS PROVIDED IN SECTION 22.32.024, APPELLANT SHALL PROVIDE A COMPLETE TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FOR THE DE NOVO HEARING OR, FOR ON -THE -RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. (over) 10/15 Q, ilii 1 Services Perforltrei u illi Pride Attachment "B" to Staff Memo Notice of Appeal — 247...17 -000208 -AD & 247 -1.7 -00209 -LM Appellants: Warren & Cheryl Holt Specific Reasons for Appeal: 1. Staff made factual errors in the interpretation of this application criteria; 2. Staff made a best estimate rather than relying on factual data regarding road trips per day for a warehouse/production facility on a road involved in an ownership and maintenance lawsuit. Subject property is on Bill Martin Road, a road currently the subject of an ownership and maintenance lawsuit between existing residents, Deschutes County and Tumalo Irrigation District; and Arguments: 1) As we, interested parties that live on Bill Martin Road, understand it a) This is not a massive marijuana grow facility in terms of production for sale. It's a limited grow to test chemical fertilizer production. 2) Page 13 of 27 (Findings & Decision 24747 -000208 -AD & 247 -17 -00209 -LM) Item 3. states "Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows:"and sub item "d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet." a) Staff erred in stating in FINDING: The subject property contains 42 acres and is zoned EFU, thereby qualifying for up to 20,000 square feet of mature plant canopy. Under this application, the applicant has proposed a maximum of 5,000 square feet in mature plant canopy area, well below the 40,000 square feet allowed under (2)(d) above. This criterion will be met" 1) For the proposed production area it should state " feet allowed under (3)(d) above" and "well below the 20,000 square feet allowed...". 3) Page 4 of 27 (Findings & Decision 247 -17 -000208 -AD & 247 -17 -00209 -LM), the Senior Transportation Planner says: "The most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Handbook does not contain a category for marijuana production. In consultation with the Road Department Director and Planning staff, the County has determined the best analog use is Warehouse (Land Use 150) based on the storage requirements and employees of this activity. Warehouse generates daily trips at a rate of 3.56 trips per 1,000 square feet. The applicant's burden of proof states there will be 5,184 square -feet of green house and a 3,000 -square foot office building for total of 8,184 (5,184 + 3,000) square feet to be used for cannabis production and support. The resulting trip rate would be 29 daily trips (3.56 X 8.184). Deschutes County Code (DCC) at 1.8.11.6.310(C)(3)(a) states no traffic analysis is required if the proposed use will generate Tess than 50 new Page 1 Notice of Appeal — 24747 -000208 -AD & 247 -17 -00209 -LM Appellants: Warren & Cheryl Holt weekday trips. The proposed land use will meet not exceed that threshold and therefore no further traffic analysis is required." a) There is not 3,000 square feet of office space. There is a 3,000 square foot building that has a 192 square foot office space within it, as well as flowering rooms, drying room, processing room, and other spaces associated with the production and growth of their product. 1) This should be studied further and corrected. Finding, if properly expressed by staff may well exceed the 50 vehicle trips per as estimated by staff, during cutting, drying, testing, and packaging periods. b) Most importantly, Bill Martin Road has been erroneously classified as a Local Access Road. This road is currently the subject of a lawsuit between the residents who use this road, Deschutes County and Tumalo Irrigation District. To classify it as an unmaintained Local Access Road at this time is not only premature, but careless. 1) Bill Martin Road, in its current state, is not safe for the heavy trucks that would be needed to construct the buildings proposed on this property. (1) Access to this proposed facility is off of Tumalo Reservoir Road and is currently unmaintained and listed by the County as a Public Access Road. The road is badly rutted with severe potholes and unsafe for the existing residents using the road, making it questionable if the road will bear the weight of additional traffic. Adding more traffic until the lawsuit is settled will only exacerbate the problem. (2) This past winter, several sinkholes developed in the area, one of which was across the road and severe enough to trap residents from leaving their homes or unable to get home. There are currently two water carved caverns under this road that may cause the road to collapse under heavy equipment usage. (3) It is not reasonable to grant this application until the roadway maintenance lawsuit is settled and the road is either made safe for transit or moved entirely. Page 2 Vicinity Map 64670 Bill Martin Road; File Nos 247-17-000208-AD/209-LM (247-17-000520-A); BILL MARTIN RI7 dl) 0 0 T L f t L' rniiiijrr i 1 -DOL ca; 3RD 12-1 4TH ST Ri 0 0 Subject Property LN FIN LN am/''{( Private Ali% 1 �r CEDAR LPI BiRC LN TUMALO ,COUfltyAALO RESERV 0 tl>', 45- izi M0c —J eschutes Co North T ty GIS, Source:,Esri, USGSIOAA; Affar'hmonf "f`." fn Ctaff rAmmn SECTION 31 T.16S. R.12E. W.M. DESCHUTES COUNTY Attachment "C" to Staff Memo lf`F141hV 1) E11 S" Attachment "0" to Staff Memo Attachment 2s1#Memo g a=wJo” ,__ _._— uuuuiuu _ rias IVO vvaier rcignts offo r u DUI wiarun rwau - rarcei if 1 o 1 zo Com mun ty Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co,deschutes.or.us/cdd/ TO: Chris Schmoyer, Associate Planner FROM: Peter Russell, Senior Transportation Planner DATE: August 2, 2017 RE: Transportation issues related to appeal of marijuana production on Bill Martin Road (Land Use File Nos. 247-17-000208-AD/209-LM and 247-17-000520-A) Deschutes County approved a marijuana production (growing) site at 64670 Bill Martin Road, which was appealed by Warren and Cheryl Holt. In their appeal, the Holts cite, in part: 1) the potential amount of traffic generated by the site; 2) the ability for Bill Martin Road to handle truck traffic, and 3) the classification of Bill Martin Road. Staff addresses these specific concerns below in no order of priority. Traffic volume is not an approval criterion for marijuana production Marijuana production is reviewed under Deschutes County Code (DCC) 18.116.330. Regarding traffic, there is only one approval criterion: legal access to the property. DCC 18.116.330(B)(8)(a through c) requires frontage on and access to a constructed public, County, or State road or a private road access or easement. However, the criteria under DCC 18.116.330(6)(8) is not applicable as the applicant proposes less than 5,000 canopy area for mature marijuana plants.' Nevertheless, access concerns expressed by the appellant's have been addressed in this memo to provide clarification to the record. Bill Martin Road is a public road, a dedicated public right of way, but not a County -maintained road. Neither traffic volume predictions nor transportation analysis is required by County code for marijuana production sites. If fact, if an item is not required by the applicable County code, staff cannot require such information. The Institute of Traffic Engineers (ITE) Trip Generation Manual While staff has used the ITE Category Warehouse for marijuana grows, staff subsequently became aware after the approval of 247-17-000208-AD/209-LM that the County's code for marijuana production does not trigger site plan review, which is DCC 18.124. One of the site plan review criteria is a requirement at DCC 18.124.080 to meet the traffic study requirements of DCC 18.116.310. Given the lack of a site plan, the County cannot require traffic analysis as 1 The floor plan submitted with the application identifies the proposed 3,000 square foot structure to include four (4) 12 foot x 24 foot flowering rooms, 288 square feet in size each, having a combined total of approximately 1,152 square feet. Attachment "D" to Staff Memo Quality Services Performed Uith Pride there is no legal link to DCC 18.116.310; in other words, a site plan review is required before the County can determine whether further traffic analysis is warranted. Again, the only transportation approval criteria for a marijuana production proposal is the access requirement of DCC 18.116.330(B)(8) and even that is not applicable given the proposed grow is Tess than 5,000 square feet of mature canopy. Thus the Holts' complaint that staff used a best estimate of trip generation rather than utilize empirical evidence is irrelevant. Ability of Bill Martin Road to handle the marijuana grow's traffic Again, the only approval criterion related to transportation, not applicable to this matter as described above, is whether the site has frontage on and legal access to the types of roads set forth in DCC 18.116.330(B)(8). The condition of Bill Martin Road, which is a Local Access Road, or its operational capacity is not a review criteria. Bill Martin Road was built in 2011 as part of a land use partition(s). Under DCC 17.48.050 and Table A, partitions averaging more than 10 acres average lot size can be served by a gravel road. Bill Martin Road was built to that County standard, which is 20 feet in width, base depth of 5 inches, and an aggregate surface. The appellants have not presented any evidence regarding the safety of Bill Martin Road. The traffic volumes on Bill Martin Road are low as are the running speeds. Finally, the Bend Fire Department was mailed notice about the marijuana grow operation and in its comments provided no objection to the condition of Bill Martin Road, which is the only access to this property. Staff did not correctly assess all uses within the proposed 3,000 -square -foot building The Holts remark the 3,000 -square -foot building has 192 -square -foot office with remainder of space given over to flowering, drying, and other activities related to marijuana production. As the decision states on page 2 under, the 3,000 -square -foot building will be used for marijuana production as will the 5,184 -square -foot greenhouse. Staff correctly applied the Warehouse category to both. The ITE manual descriptor for the category, Warehouse, includes storage, office, and maintenance areas. Again, as there is no site plan review, there is no link to a required traffic study, so the question is moot. Bill Martin Road's classification The Holts insist there is confusion about the classification of Bill Martin Road when in fact there is none on the County's part. Bill Martin Road was dedicated to public use per RD -06-3. Bill Martin Road was created to serve properties created by partitioning. Bill Martin Road is classified a Local Access Road in accordance with Oregon Revised Statute (ORS) 368.001. By definition under ORS 368.001(3) a Local Access Road is a public right of way that is not a county, state, or federal road. Additionally, the Board of County Commissioners has not taken any of the actions required under ORS 368.016 to accept Bill Martin Road into the system of County -maintained roads. There is no legal requirement for the County to accept a public right of way created to serve a partition(s) into the County -maintained system of roads. Conclusion The County's development code for marijuana production only requires proof of frontage on and legal access to specified roads or an easement, but the requirements of DCC 18.116.330(6)(8) are not applicable in this instance due to the mature canopy being less than 5,000 square feet. The County cannot require additional traffic analysis, meaning an appeal cannot be based 2 solely on an affected road's capacity or condition. Bill Martin Road is a Local Access Road, based on the land use decision for the road dedication, Land Use File No. RD -06-3, and that the Board has not approved an order accepting Bill Martin Road into the County -maintained road system. 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 August 7, 2017 DATE: August 2, 2017 FROM: Judith Ure, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: Arts & Culture Grant Program Guidelies PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Judith Ure SUMMARY: During the FY 2017 video lottery allocation process, the Board of Commissioner set aside $15,000 to fund a new grant program dedicated to supporting art and cultural initiatives in Deschutes County. The Board later decided to pospone the 2017 grant solicitation and to add an additional $15,000 in 2018 video lottery funds, resulting in a total of $30,000 currently available for this purpose. Grants will be paid from the Video Lottery Fund (150) during the 2018 fiscal year. As a new Board grant program, an application process and award guidelines have not yet been established. The attached recommendations are intended to form the basis of a discussion for this purpose. RECOMMENDATION & ACTION REQUESTED: Discuss and establish guidelines for 2018 Arts & Culture Grant Program. To: From: Date: Subject: Deschutes County Board of Commissioners Judith Ure, Department of Administrative Services August 2, 2017 Arts and Culture Grant Program Background During the FY 2017 video lottery allocation process, the Board of Commissioners set aside $15,000 to fund a new grant program dedicated to supporting art and cultural initiatives in Deschutes County. The Board later decided to postpone the 2017 grant solicitation and to add an additional $15,000 in 2018 video lottery funds, resulting in a total of $30,000 currently available for this purpose. Grants will be paid from the Video Lottery Fund (150) during the 2018 fiscal year. As a new Board grant program, an application process and award guidelines have not yet been established. The following recommendations are intended to form the basis of a discussion for this purpose. Recommendations Program Goals: 1) Increase access to art and cultural activities in Deschutes County; and 2) Contribute to the local economy. Eligible Applicants: Organizations that are 1) designated as a 501(c)(3) by the Internal Revenue Service; and 2) located in Deschutes County. Eligible Proposals: Requests for funding to support specific programs or projects or base operations. Timeline: Solicitation will open during August 2017 and awards will be made in September 2017. Process: The solicitation will be announced and applications (see attached form) will be available on the County's website. Applications will be reviewed against established program goals and criteria. Awards will be considered on a competitive basis. Review: Staff will review applications and assign points in accordance with program goals and criteria, then forward rankings and a recommendation to the Board of Commissioners. The Board will determine final awards. Award Amounts: Two awards of $10,000 each and four awards of $5,000 each. Deschutes County Arts and Culture Grant Program 2017-18 Application Submittal Instructions and Cover Sheet A complete application will consist of the following: 1. This cover sheet, signed and dated. 2. Narrative responses to the attached questions on no more than four single -sided, single-spaced pages. 3. Attachments: a. Proof of the organization's 501(c)(3) tax-exempt status in the form of a letter from the Internal Revenue Service (IRS). b. The first two pages of the organization's most recently submitted IRS 990 or 990 EZ form or, if the organization is not required to file either form with the IRS, a financial statement that provides equivalent information concerning activities and governance, revenue, expenses, and net assets or fund balances. c. An operating budget specific to the proposed operations, program, project, or activity. d. A roster of the organization's Board of Directors. Submit the complete application electronically to judithu!cr;,deschutes.org no later than 5:00 p.m. on September 8, 2017. Incomplete and/or late applications will not be reviewed or considered. Please complete the following: Contact Name: Organization Name: Address: City: Telephone Number: Email Address: Certification: On behalf of the organization specified above, I certify the following: State: Zip Code: 1. All information included in this application is accurate. 2. I am authorized by the governing board to submit this grant application. 3. This organization is located in Deschutes County. 4. If awarded, Arts & Culture Grant funds will be used in support of Deschutes County residents only. 5. This organization is in good standing with the U.S. Internal Revenue Service and is currently designated as a 501(c)(3) tax-exempt entity. Signature: Print Name: Title: Date: Deschutes County Arts and Culture Grant Program 2017-18 Application Questions Please respond to the questions below in the order shown. Reponses must be thorough, but provided on no more than four single -sided, single-spaced pages. Required attachments such as proof of non- profit status and copies of tax forms are excluded from the four page limit. Any additional documents submitted beyond those stated in the instructions, such as brochures, leaflets, newsletters, or reports, will not be considered a part of the application and will be discarded without review. Organization 1. Describe the history of the organization, including the year the organization was established. 2. State the organization's mission, goals, and programs or services provided. 3. Describe the leadership and structure of the organization. Program, Project, or Activity 1. Provide a title of the proposed initiative for which funds are being requested. 2. Describe the goals and objectives of the proposed initiative. 3. Identify the target population which will be served. 4. Identify the geographic area(s) of Deschutes County which will benefit. 5. Describe how the proposed initiative will positively impact the community and complement existing services currently provided by Deschutes County. 6. Describe in detail how the proposed initiative will be implemented. 7. Describe specifically how the requested funds will be used. 8. Identify any partner agencies which will collaborate to implement the proposed initiative. 9. Describe other sources of funding that will support the proposed initiative. Performance Measurement 1. Identify quantifiable outputs anticipated to be achieved through the proposed initiative (examples: number of persons served and/or classes or events held). 2. Describe the anticipated outcomes of the proposed initiative (example: greater knowledge and understanding of the arts or cultural topics). G 0 o -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ 1'ES AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of August 7, 2017 DATE: July 26, 2017 FROM: Judith Ure, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: 2018 Q1 Discretioary Grant Review PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Judith Ure, Management Analyst SUMMARY: Each quarter, the Board of Commissioners reviews applications submitted to the Deschutes County Discretionary Grant Program and makes awards accordingly. On July 31, 2017, the Board will consider requests made for activities to take place beginning on or about the first quarter of 2017-18. Applications and funding status worksheets are attached for the Board's consideration. RECOMMENDATION & ACTION REQUESTED: Review applications and determine awards for discretionary grant requests submitted for the 1st quarter of 2017-18. E c6 dA O 0 ea ro c O L U c 0 U 0) 4-+ -c U 01 Status as of 7/1/2017 V c 0 0'03 O' 0 O.O .0; O,,,O£ O O O` 'O O 0 0 O O 0 O 0 0 0 Commissioner Henderson 0 0'0 0 0 0 o-0 0 0 0 0 0_ o 0 O 0 tri O O 0 O 0 0 0 O tri 2017-18 Allocation cf O7 C7 en a) U f0 f9 4A a) 0 o_ c to •� f6 E 0000o Cf Commissioner DeBone O O O 0 0 0 0 U 0 00 d c caIII Ltl w c O c v y 0 cl t0" .m o co c 0 Gam) 4 a) c A co awa 0 rV rn ct 0 y cu C/ C7_ C7 CI I— Ce 0 0 0 0 0 • O 0 O O' 60000 O 0 c-! t/} O O 0 0 0'I 0, C a) • C C o Qa) > O E w • a) c N77, OE0 ami C. g o±- ✓ U O O Fl.) 7 N. C �' U m. LL 0 COcTimpo_CD M D Q lL 0 8 8 I a) 2 cn 0) o m 0, a) >..S o a) E Ct 03 LL C3 0 --I fl oo o o o o 0 0 0 O o 0 0 0 0 0 0 000'000000 Is v3 uw e9- ER 69 EA V, U9 to 0 1— 0 o olo ci• o 0 Efk 00 00 O 0 d o 0 N kft 0 0 0 0 O O EA'0 Co 1) fR 0 0 0'O O'O 69,0 0 N o 0 0 0 O 0 EA 0 O 1.6 1 ER O CD CD CD CD O O 'A O O A O O O O O o 0 0 CO 0 0 0 OON-01.00 69 6 E9 H9. Ef4: 6f3 O r O O NN Ns r r N- T - CD O O O 0 • NN CV ) CO CO 0, 00 22. 1.7...2 P.2 a) >, > Q— m L Q ..• t-. 1— o a) ° o U P O i •_-_, z RS c0 2 0 .0) 0 E a.LL g? C C6 U 7 C c7) Q „co ',. 'UO � t0 0 - o E 0 C= c U 15 12 . Ca) E C C 'p > N CD C 0 N O E N cn 0 0im 00 < 0 +0• 1 CD }C "C32 • co E E E U cui co f0— 103 Deschutes County Board of County Commissioners Discretionary Grant Program Board Meeting Date: July 31, 2017 Organization: Financial Assistance for Cognitive Therapy Project Name: Pilot Clients Project Period: August 2017 -August 2018 Description: Support first 5 client's sessions for a year's time at 6 sessions each. Amount of Request: $2,000 Previous Grants: None Recorded Approved: Declined: Today's Date: Deschutes County Board of Commissioners PO Box 6005, Bend, OR 97701-6005 1300 NW Wall Street, Suite 200, Bend, OR Telephone: 541-388-6571 Fax: 541-385-3202 Website: DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION r Project Beginning Date: Amount Requested: Project Name: Aua 020/'1 000 Name of Applicant Organization: Address: Pi (a1" C1r'eii s Project End Date: Date Funds Needed: Auo I r ,201-7 rFranci'a.( 4SS/5 1/2 ftce -C-Or Cp 01A i .t vzt !� 2 OA I Ju -hGe_ lart-e City & Zip Code: Contact Name(s): Fax #: . ekt d.. qro 1 /T a.. t3Q /.eh Email Address: Tax ID #: el- 3g1PD35-7 Telephone #: 1 L( l -7l g ?NJ, (d fact�Y0if•to (3rat,1,&1'' On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will positively impact the community. 5. Identify the specific communities or groups that will benefit. 6. Describe how grantfunds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete tine item budget. Application for Deschutes County Discretionary Grant Program June 2017 Purpose Financial Assistance for Cognitive Therapy (FACT) is a volunteer based, nonprofit organisation established March of2017. FACT is managed by a Board of Directors and an Advisory Board. We meet monthly to discuss business and goals. The purpose of FACT is to help make rental health care more affordable to those in our community who feel they cannot afford therapy. Though many nembers in our community have insurance that cover rental health care, and many private, licensed therapists provide a sliding scale or reduced fee, there are still financial barriers that keep people from getting help. There are also still members in our continuity who do not have health insurance. As shared by George A. Conway, MD, MPH, Health Services Director at Deschutes County, the main 3 causes of death in Deschutes County are alcohol poisoning, suicide, and overdose of prescription and illegal drugs. All of these are preventable causes of death that could be eliminated by use of cognitive therapy. FACT has a goal to cover the cost of these financial barriers by paying fbr the reduced fee, sliding scale fee and in the future, possibly co -pays for cognitive therapy. The population that would be best served are those who do not qualify for Medicare/Medicaid, those who have used the allotted amount of therapy sessions already covered by their insurance, those who do not have insurance, those who cannot afford to pay the co -pay, and other situations. The way that FACT will assist financially, is by covering 6 sessions within a year for each client, to help establish a progressive relationship between a therapist and client. This will help address any acute crisis that may be happening in the client's life, without the burden of worrying about how to pay for this type of help. The hope in establishing a therapist / client relationship, is continuing that source of support for as long as needed with other sources of payment, ager FACT has paid for the first 6 sessions. Establishing the source of help is key in giving hope to many in our community. At this time, FACT is focusing on providing help to the Central Oregon community, tri -county area of Deschutes, Jefferson and Crook. Only approved licensed therapists in the state of Oregon will be allowed to provide FACT as an option of payment for reduced cost therapy. Their credentials will be validated through the Oregon State Board of Licensed Professional Counselors and Therapists. These therapists are the ones that will establish an initial relationship with their client and are the ones that decide who is at most risk and would benefit most from the FACT option. Once a therapist has been 1 approved by FACT, they can then bill for up to 2 clients a month, directly to FACT. FACT will then send payment directly to the therapist, covering their service fee ofup to $65 per session. FACT's goal is to help up to 120 clients a year, for the fest 3 years. Under the conditions of the type of non-profit, FACT is not `allowed' to accept more than $50,000 a year in contrubutlons. Once FACT is established, we hope to reapply to the higher non-profit status, that allows more financial ability. This will enable our organization to help more clients and provide other services to our community. Since this organization is just starting out, and volunteer based, we are doing what we can to spread the word about our goals and how they will provide hope to those in our community. At this time we have a financial base of zero dollars. Proposed project If we receive a discretionary grant of the requested $2,000 from Deschutes County Board of Commissioners, the grant will go directly back into our community by starting our "Pilot Clients" project. This will cover our first 5 client's sessions for a year's time, at 6 sessions each. 2-4 therapists will be selected who share a passion ofproviding mental health care to those who are most at risk, by offering a sliding scale or reduced fee to those who they deem appropriate candidates for FACT services. FACT will pay up to $65 per therapy session, 6 times a year per client. This comes to $390 in a year for one client. 5 clients at $390 within a year will add up to $1950. An additional side to this project will be collecting data by interviewing licensed therapists in the tri -county area, with a goal of 50 in the year.. Information to be collected: -Reasons why clients report they are unable to afford cognitive therapy. -Amount of sliding scale and reduced fees offered to clients per month, per year. -Age of clients who receive sliding scale and reduced fees. -Number of clients who report they are ineligible for Medicaid. -Therapist's interest in providing FACT services and their perspective on other ways the community could benefit from this kind of organization. 2 Timeline for completing the proposed project or activity August 2017: Propose offer to 2-4 local licensed therapists to be providers of FACT services to 2 clients a month for 6 months, to be completed before August of 2018. The amount of clients accepted will depend on the grant amount. ,August 2017 -February 2018: Approved therapists will send in an application of client with signed agreement to finish 6 sessions within the year. This agreement is nonbinding, but more of a goodwill effort between therapist and client to complete 6 sessions within a year. The last month for therapists to send in a 6 month agreement application with client to receive financial assistance through FACT will be February 2018. FACT will not accept new clients after this month, as to allow 6 sessions to be used for the remainder of the year. August 2017— August 2018: As therapists send session bills to FACT, the organization will pay therapists directly, keeping track of the amount of sessions each client has used. Interviews with 50 therapists will happen throughout the year, at an average of 4-5 per month, to collect data. Aust 2018: Data will be analyzed by FACT to determine the progress gained by the `Pilot Clients" project. A report will be written and distributed to interested and related sources. How the proposed project will positively impact the community The data and report will be used to gain more support from donors and fundraising efforts in our community and the State of Oregon. In the next 3 years, this support and raising of fiords, will go directly back into our community to help up to 120 clients receive cognitive therapy, without worrying about the cost. Hope will grow and knowledge will spread about the opportunity to receive needed care with financial assistance through FACT. In the larger picture, we hope that by breaking down banters that discourage people from seeking help, will lower the number of suicide attempts and substance abuse within our community. Providing financial help for cognitive therapy to a population that is at high risk, is just one of many ways our community can help. 3 References Increases in morbidity and mortality in middle-aged white non -Hispanics in the US George A. Conway, MD, MPH April, 2017 4 Deschutes County Board of County Commissioners Discretionary Grant Program Board Meeting Date: July 31, 2017 Organization: Council on Aging Project Name: Retractable Banners Project Period: Upon Award - Ongoing Description: Purchase three custom retractable banners to be used at outreach events. Amount of Request: $900 Previous Grants: 11/1/1999 $1,500.00 "Senior Day" sponsorship 4/12/2001 $750.00 Not Recorded 2/10/2003 $500.00 Sponsorship of booth at Senior Fair and Health Expo 1/24/2005 $1,000.00 Senior Fair & Health Expo 3/2/2006 $1,000.00 Senior Fair and Expo 4/7/2014 $1,200.00 Donor Management System 7/9/2014 $500.00 Direct Mail Fundraising Campaign 1/26/2015 $1,141.00 ID Badge Printer System 10/7/2015 $600.00 Mail Campaign Approved: Declined: Deschutes County Board of Commissioners PO Box 6005, Bend, OR 97701-6005 1300 NW Wall Street, Suite 200, Bend, OR Telephone: 541-388-6571 Fax: 541-385-3202 Website: www.deschutes.org DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION Today's Date: June 23, 2017 Project Name: Retractable Banners Project Beginning Date: When funding is available Project End Date: Ongoing Amount Requested: $900.00 Date Funds Needed: As soon as possible Name of Applicant Organization: Council on Aging of Central Oregon Address: 373 NE Greenwood Ave City & Zip Code: Bend, OR 97701 Tax ID #: 96-0661229 Contact Name(s): Jean McPherson Telephone #: 541-678-5483 Fax #: 541-647-2689 Email Address: jmcpherson(a�councilonaging.org On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will positively impact the community. 5. Identify the specific communities or groups that will benefit. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. Akk, COUNCIL ON AGING Serving Older Adults in Deschutes, Crook, and Jefferson Counties 373 NE Greenwood Avenue Bend, Oregon 97701 Phone 541-678-5483 Fax 541-647-2689 admin@councilonaging.org Council on Aging of Central Oregon Deschutes County Discretionary Grant Program Application 1. Mission, History, and Activities The Council on Aging of Central Oregon is a non-profit organization dedicated to promoting dignity, well-being, security and independence for Central Oregon's Senior Citizens and disabled adults and is the designated Area Agency on Aging. The Older Americans Act was originally signed into law by President Lyndon B. Johnson on July 14, 1965. In addition to creating the Administration on Aging, it authorized grants to States for community planning and services programs, as well as for research, demonstration and training projects in the field of aging. 1965 was significant in the fact that both the Medicare program and Medicaid, a health insurance program for low income elderly were added to the social security act. In 1971, Oregonian and retired chemical engineer Tom Marsh attended the White House Conference on Aging; Mr. Marsh's vision set the stage for establishment of Central Oregon's Area Agency on Aging which later became the Central Oregon Council on Aging. In 1975 the Council on Aging incorporated as a 501©3 organization and was designated by the state as the Area Agency on Aging for Crook, Deschutes, and Jefferson counties. The Council on Aging began by offering Dial -a -Ride services in the 1970s. It soon added nutrition programs including Meals -on -Wheels. The 1990s saw the construction of senior centers which enabled COCOA to provide congregate meals to large groups of seniors and to establish an ongoing presence in more remote, rural and isolated communities. Today, 17 staff members, overseen by a Board of Directors, provide not only nutrition programs, but also case management with individual assessment and periodic follow-up; resources for disabled seniors, including support for those suffering from — and those caring for seniors with -- dementia; coordination of in-home care; free legal assistance, health insurance and Medicare advising; and a variety of information, education, outreach and referral services. In addition to permanent staff, the Council on Aging utilizes volunteers as Meals on Wheels Drivers and Medicare counselors. The number of volunteers ranges from 200 to 250 at any one time. 2. Project The Council on Aging of Central Oregon is seeking to purchase three custom retractable banners to be used at various outreach events to create awareness of our services and to encourage volunteerism. The three banners created will promote the Council on Aging (all services), Meals on Wheels of Central Oregon, and Becoming a Volunteer. 3. Timeline The banners will be ordered and made by a local sign company immediately upon acquisition of funds and will be completed as soon as possible. 4. Impact The combination of growth in our service area and cuts in federal funding has forced us to streamline for maximum efficiency while simultaneously building our capacity. Marketing the Council on Aging of Central Oregon as a professional organization that is the primary resource for our senior and disabled population is of primary importance. Accordingly, we have increased our Outreach efforts substantially. 5. Specific Communities The Council on Aging of Central Oregon supports the approximately 36,000 seniors, age 60 and older, in Central Oregon, including Deschutes, Crook, and Jefferson Counties. 6. Funding Required The Council on Aging is requesting $900.00 for the purchase of three retractable banners. 7. Ongoing Funding No ongoing funding needed for the three banners. Deschutes County Board of County Commissioners Discretionary Grant Program Board Meeting Date: July 31, 2017 Organization: BendFilm Project Name: BendFilm Music Program Project Period: August 1, 2017 — October 15, 2017 Description: Support for BendFilm Music Program which showcases the talent of Central Oregon -based musicians. Amount of Request: $1,000 Previous Grants: 6/8/2004 $5,000.00 Enhance regional attendance at functions 9/7/2005 $5,000.00 BendFilm Festival 2005 8/28/2006 $1,000.00 BendFilm Festival 7/11/2007 61,000.00 Approved: Declined: Today's Date: Deschutes County Board of Commissioners PO Box 6005, Bend, OR 97701-6005 1300 NW Wall Street, Suite 200, Bend, OR Telephone: 541-388-6571 Fax: 541-385-3202 Website: wvvw.deschutc.s.org DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION June 30, 2017 Project Beginning Date: Amount Requested: Project Name: August 1, 2017 $1,000 Name of Applicant Organization: Address: BendFilm Music Program Project End Date: Date Funds Needed: October 15, 2017 August 15, 2017 BendFilm, Inc 1000 NW Wall St., Suite #240 City & Zip Code: Contact Name(s): Fax #: Bend, 97703 Todd Looby Email Address: Tax ID #: Telephone #: 20-0155231 541.388.3378 todd@bendfilm.org On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will positively impact the community. 5. Identify the specific communities or groups that will benefit. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget, BENindependentI: a celebration o e BendFilm Deschutes County Discretionary Grant Program Application BendFilm Music Proposal June 30, 2017 I. Describe the applicant organization, including its purpose, leadership structure, and activities. Founded in 2003 as a 501(c)3, BendFilm's mission is to celebrate the brave voice of independent cinema through films, lectures and education. BendFilm's goals are three -fold: to showcase the best of independent cinema during the annual fall festival and year-round screenings, to nurture the filmmaking talent of local students, and to promote arts and cultural tourism throughout Central Oregon. The BendFilm Board and staff believe that quality film exhibition cultivates learning, provides valuable film expertise to audiences, and that broad access to arts education is a vital component to develop well-rounded individuals and communities. In October 2017, BendFilm will host its 14th consecutive film festival showcasing up to 100 independent narrative, documentary, short, Northwest -made and animated films. BendFilm anticipates the festival will serve approximately 3,400 community members and 850 tourists this year. Throughout the four-day festival, visiting filmmakers will host public educational panels and mentor area youth through the Future Filmmakers education program. Of 3,000 film festivals worldwide, Moviemaker Magazine included BendFilm on its list of "50 Film Festivals Worth the Entry Fee" in 2016, 2015, 2014, 2013, and 2009. In addition to preparing for and hosting the annual film festival, BendFilm partners with local organizations to host up to 13 community film screenings and post -screening discussions about issues important to the community. BendFilm also provides "no -budget filmmaking" workshops and film education programs designed to foster storytelling skills for all students in the Bend-LaPine School District regardless of economic status. BendFilm has a full-time Director, Todd Looby, who has maintained the position for just over three years. Under Todd's leadership, BendFilm's revenue has grown 34%. Assisting Todd is half-time Office Manager, Abby Caram, in her second year at that position. Three contracted positions include Marketing Director, Festival Programmer, and a Year-round Programmer. Up to three additional, seasonal contractors assist BendFilm in the four months preceding the fall film festival. The BendFilm Board of Directors is comprised of eight Bend community stakeholders who serve a minimum of three-year terms that may be renewed at the end of the term for up to two, one-year extensions. Four members of the Board are in their third year of service. Bendfilm 1000 NW Wall St, Suite 240 Bend, OR 97703 541.388.3378 info(nibendfilm. ory The Board is governed by the President, Secretary, and Treasurer. In 2016, BendFilm completed a three-year Strategic Plan for Growth that was funded by the Meyer Memorial Trust. The BendFilm Music Program proposed herein is an integral part of the Strategic Plan to improve the excellence of the BendFilm festival experience. I1. Describe the proposed project or activity. In 2016, BendFilm introduced the pilot BendFilm Music Program, showcasing the talent of Central Oregon -based musicians. Through this program, local musicians play short sets before screenings during the October festival. In 2016, musicians played before 22 of the 80 features shown. Through this proposal, BendFilm is requesting $1,000 in financial support from Deschutes County to expand the BendFilm Music Program to include musical artists before 48 festival screenings in 2017. The requested funds will cover staff expenses to properly operate this program. This initiative will expose over half of the festival audience to the wealth of cultural talent currently operating in Central Oregon. The musicians' performances are compensated via direct donations from the audience. All 2016 participants were pleased with the compensation offered by the audience. III. Provide a timeline for completing the proposed project or activity. BendFilm is currently developing a list of locally -based musicians and bands to include in the BendFilm Music program. On July 31, 2017, pending funding from Deschutes County, these bands will be contacted by BendFilm staff to request their interest in participating in the program and their availability during the four-day festival. On August 14, 2017, the festival film program will be set and BendFilm staff will then schedule bands to play before at least 48 of the 80 total festival screenings at the Tower Theatre, the Volcanic Theatre Pub, McMenamins-Old St. Francis and the Old Stone Performing Arts Center. On September 1, 2017, BendFilm staff will develop written content about BendFilm Music and the musicians to include in the printed festival guide. The festival will begin on October 12, 2017 with a musical set for the Opening Night celebration and film screening at the Tower Theatre. Film screenings and accompanying music will continue on Friday, October 13th through Sunday, October 15th. The final performance and film screening will begin at 6:30pm on October 15th at the Tower Theatre. IV. Explain how the proposed project or activity will positively impact the community, The BendFilm Music Program will positively impact the community by heightening the cultural experience of the 3,400 community attendees, as well as the approximate 850 tourists BendFilm anticipates will attend the festival. The inclusion of quality, local music in festival activities increases the event's value to attendees. Through this program, BendFilm will provide the audience an Page 3 unforgettable experience increasing the likelihood that attendees will return and encourage friends and family to attend in future years. Furthermore, community members who have previously been interested in BendFilm will receive additional incentive to attend and also experience an entertaining set from a locally recognized musical act. BendFilm surveyed the audience in 2016 for qualitative feedback, one respondent from Bend stated, "I LOVED that you had musicians before films, wonderful idea t t 1111 I think there are a lot of us who every year say, gee I want to go to film festival and then don't. This year I did and once I saw how cool it was, I will be back." Likewise, tourists who arrive for the festival will not only experience a premier cultural event through the films programmed, but also be introduced to the wealth of local musical talent. The BendFilm Music program will, thus, positively impact Bend and Central Oregon's reputation as a cultural destination, attracting respectful visitors. Providing an unforgettable experience for visitors increases the chance for attendees to return to the region to experience future festivals, other cultural events or recreation activities. A visitor from Portland remarked on the survey, "[I]Loved the addition of local music! I think the Bend Film [sic] Fest is a HUGE event for Bend and I will attend every year I am able." According the the 2016 festival attendee survey, the BendFilm audience may have injected up to $750,000 into the local economy. Increasing the value of the festival provides additional incentive for attendees to return each year, further benefitting the local economy at the very start of the tourist "shoulder season" when local businesses need it most. The 2016 pilot program only reached 25% of the festival audience. The proposed expansion will now reach over 50% of attendees, thereby increasing the chance for new attendees to experience the positive impacts listed above. V. Identify the specific communities or groups that will benefit. BendFilm shares one of the Deschutes County Commissioners' priorities of increasing economic development through tourism. The BendFilm Music program will improve the festival and make the event more attractive to tourists who will boost economic activity benefitting local restaurants, hotels, shops and recreation activity providers. A recent study performed by Americans for the Arts certified that in 2015 Central Oregon -based arts and cultural organizations generated $34.7 million in total economic activity, supported 968 full-time jobs, generated $18.5 million in household income and delivered $2.4 million in local and state government revenue. Event -related spending by arts and cultural audiences that includes the 4,200 BendFilm attendees totalled $24.7 million. (Survey results may be accessed here: https://goo.gllnHv74p) Page 4 The BendFilm Festival is a large singular contributor to this economic activity through attracting approximately 800 tourists each festival. BendFilm was a recent recipient of a $37,133 grant from the Bend Cultural Tourism Fund to market the festival in out -of -area markets. With the marketing help afforded by this grant, BendFilm anticipates 850 tourists to attend in 2017. BendFilm has the current capacity to attract 5,000 additional attendees. Initiatives like BendFilm Music will lead to increased attendance which will directly and positively impact local businesses. One local attendee remarked, "I really enjoyed the musicians! Great idea! Our adult kids flew up from San Diego for the festival & loved it!" BendFilm Music also provides a large platform for local musicians to reach new audiences. Since Bend is relatively isolated from bigger municipalities with a larger audience pool, local musicians need assistance to reach more people residing both within and outside the community. To that end, the BendFilm Musicians will be featured in the festival program guide—which receives a 20,000 readership across the region. Musicians also will receive a listing on the festival website with a link to their homepage and music samples. Most importantly, these local musicians will have a captive audience of up to 3,400 community members and the projected 850 tourists who attend the fest from across the Northwest region and up to 20 additional states. VI. Describe how grant funds will be used and include the source and amounts of matching. The funds for this program will be used to manage the scheduling, coordination, and logistics of the program to ensure BendFilm Music is programmed correctly and operates for maximum audience and musician benefit. Less resources devoted to this program would decrease the quality of the program and effectiveness in adding value to festival attendees. BendFilm currently lacks the resources to properly expand this program as all resources are allocated to the film program. BendFilm anticipates this initiative will cost staff 80 hours of time compensated at $25 per hour starting in August and running through the festival. BendFilm values the fact that the festival is accessible to all regional attendees regardless of economic status. In order to retain the accessibility for lower income community members, BendFilm will not raise ticket prices to screenings despite adding value to the price of admission. BendFilm operating funds will match the $1,000 provided by this proposal. These matching funds have already been secured via film submission application fees collected from filmmakers applying to be included in the festival. Page 5 VII. If the grant will support an ongoing activity, explain how it will be funded in the future. If this grant award is fully funded, it will help ensure the project's success and, by extension, help guarantee that the BendFilm Music Program will be a perennial part of the festival. Success this year will result in greater excitement for the 2018 festival—increasing demand and attendance. In subsequent years, the project will then be funded by the increase in attendance revenue in 2018 and beyond. Since each festival attendee contributes on average $19 to festival revenue, BendFilm will need to attract approximately 53 new audience members in 2018 to cover the $1,000 provided by the Deschutes County Commissioners in 2017. The audience increase number of 53 additional attendees meets BendFilm's growth projections. If properly funded, BendFilm staff will also learn crucial institutional knowledge in operating this program and develop relationships with local musicians. This experience in 2017 will decrease the amount of resources required for successful implementation of this program in future years. BendFilm sincerely appreciates the kind consideration the Deschutes County Commissioners are giving to this request. Full funding for this program will ensure the BendFilm Festival will make an even greater impact on the local economy as well as improve the cultural programs available to the community. Page 6 Deschutes County Board of County Commissioners Discretionary Grant Program Board Meeting Date: July 31, 2017 Organization: Central Oregon Fire Prevention Cooperative Project Name: Firebusters Application Development Project Period: July 1, 2017 — October 31, 2017 Description: Develop computer application and expand website for Firebusters Program. Amount of Request: $2,000 Previous Grants: 4/21/2008 �� $4,O60.00. Beyond the Flames Newspaper Insert Approved: Declined: Today's Date: Deschutes County Board of Commissioners PO Box 6005, Bend, OR 97701-6005 1300 NW Wall Street, Suite 200, Bend, OR Telephone: 541-388-6571 Fax: 541-385-3202 Website: wtivw.deschutes.org DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION June 22, 2017 Project Beginning Date: Amount Requested: Project Name: July 1, 2017 $2,000 Name of Applicant Organization: Address: Firebusters Application Development Project End Date: Date Funds Needed: October 31, 2017 August 1, 2017 Central Oregon Fire Prevention Cooperative PO Box 8000 City & Zip Code: Contact Name(s): Fax #: Sisters, OR 97759 Cindy Kettering (541) 322-6324 Email Address: Tax ID #: Telephone #: 472035000 (541) 322-6385 ckettering@bendoregon.gov On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will positively impact the community. 5. Identify the specific communities or groups that will benefit. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. Discretionary Grant Program Firebusters Application Development Central Oregon Fire Prevention Cooperative The Central Oregon Fire Prevention Cooperative (COFPC) is composed of wildland and structural fire agencies as well as other partner organizations throughout Central Oregon and is under the auspices of the Central Oregon Fire Chiefs Association, a non-profit 501c6 organization. The purpose of the COFPC is to promote an interagency approach to coordinated fire and life safety education programs, projects, and presentations in Central Oregon. Leadership of the COFPC is by election of the body, and consists of two co-chairs, a treasurer, and a public information officer. Currently there is one chairperson from a wildland fire agency and one chairperson from a structural fire agency in order to balance the needs of all members and ensure consistent messaging. Current active member agencies include Bend Fire Department, Redmond Fire Department, Sisters -Camp Sherman Fire Department, Black Butte Ranch RFPD, Crooked River Ranch Fire & Rescue, Jefferson County Fire District #1, Walker Range Fire Patrol, US Forest Service, US Bureau of Land Management, Oregon Department of Forestry, and the American Red Cross. The COFPC engages in numerous activities throughout the year, including educational programs at elementary schools throughout Central Oregon. Team Teaching is a cooperative effort between structural and wildland fire agencies each spring to teach fire prevention to all first grade students in both public and private schools in the region. In the fall, the Firebusters program provides fire safety education to students in kindergarten through fifth grades. Wildfire safety education is also provided in the fall in the form of hunter safety booths set up in strategic locations along popular routes. Each summer, COFPC staffs an educational area for children and families at the Deschutes County Fair as well as the Crook and Jefferson County Fairs. Other events and activities that the COFPC is involved in include the Home and Garden Show, FireFree, the Central Oregon Juvenile Firesetter Network, and many others. Since 1988, the COFPC has educated youth in kindergarten through fifth grade through the Firebusters program. This program is presented to all students in every area school, both public and private, and teaches important fire and life safety concepts, such as never to play with matches and lighters, when to call 9-1-1, campfire and outdoor fire safety, burn prevention, bicycle safety, water safety, what to do when the smoke alarm sounds, and how to make a family home fire escape plan. Historically, the Firebusters program has been presented in partnership with a local television station. During National Fire Prevention Week in October, the television station would broadcast the safety message of the day during the morning and evening newscasts and complete a paper questionnaire that was distributed in advance to all of the schools. After National Fire Prevention Week, the students would return the completed worksheets to their school. Those who turned in completed worksheets were then eligible to win a prize at their school. Nearly thirty years later, however, much has changed in the world and many parents do not want their children exposed to the terror and violence that has become increasingly common in the news broadcasts of today. In addition, the majority of schools utilize technology in the form of iPads assigned to each student. For these reasons, the COFPC is proposing to develop a computer application compatible with the iPad in order to allow students to participate in the Firebusters program electronically. In addition, the COFPC is proposing to use a portion of the funds to develop and improve website content in order to ensure the Firebusters program is accessible to students in schools that do not use the iPad platform as well as the home school community. The proposed project, application development as well as website expansion and improvement for the Firebusters program, began approximately two months ago and will continue through the completion of the Firebusters program in October. Following program completion, feedback will be requested in order to make any needed changes or improvements to the application or website. The anticipated completion date for the project is October 31, 2017. Youth are involved in hundreds of fires across the state of Oregon each year. In fact, between 2010 and 2014 there were a total of 698 youth -caused fires in the state, resulting in four civilian deaths, eighteen civilian injuries, and over five million dollars in property damage. Seventy percent of these fires were intentionally started by a child, with the remaining thirty percent accidentally started. The Firebusters program educates youth in fire and life safety with the intent of preventing both intentional and accidental fires. Further, the children who participate in the Firebusters program are encouraged to share what they learn with their family, greatly increasing the potential reach of the program. Many of the families are low-income, which is a group that has been identified by the National Fire Protection Association to be at increased risk of death or injury from a fire. Statistically, ninety-seven percent of fire deaths occur in home structure fires. By continuing to educate children and families throughout the community, we seek to prevent injury and death caused by children misusing fire, not knowing how to call for help, failing to wear bicycle helmets, or not knowing what to do when the smoke alarm sounds. The Firebusters program reaches over 12,000 youth in kindergarten through fifth grade across Deschutes, Crook, and Jefferson counties. The largest participant in the program is the Bend-LaPine School District, with over 8,000 students in just the Bend area. With the help and support of the Deschutes County Commissioners, we can make our community a safer place for children and families. Grant funds will be utilized to develop an Apple -compatible computer application that will allow students using iPads to participate in the Firebusters program without the need for a paper worksheet. For students who do not use iPads, the website will be expanded and improved to allow participation online. This will greatly reduce the cost of printed materials for the program, with the goal of eliminating the paper worksheets altogether. Reduction of paper waste is a goal of many agencies here in Central Oregon, in the name of sustainability. The exact costs of the website and application developer are not yet known, but anticipated to be approximately $2,000. COFPC has contacted several individuals and many are willing to work with us at a reduced rate due to the nature of the program. Additional funding for other aspects of the Firebusters program is being sought through partner agencies such as St. Charles and Airlink. The Firebusters program is an ongoing activity that has been educating youth in the community since 1988. The program itself will continue to be funded by partner agencies, but the funding to develop an application and website content is a one-time need. Once the infrastructure is in place, COFPC can maintain and update content as required without additional expenditures. Deschutes County Board of County Commissioners Discretionary Grant Program Board Meeting Date: July 31, 2017 Organization: Cloverdale Rural Fire Protection District Project Name: Cloverdale Fire Tool Replacement Project Period: July 15, 2017 — September 15, 2017 Description: Replace 8 Halligan bars for structural firefighting and rescue. Amount of Request: $1,786 Previous Grants: 11/21/2012 $3,000.00 Volunteer Program 7/9/2014 $2,500.00 Fire Hydraulic Rescue Tools 4/13/2016 $2,000.00 Hose Replacement Approved: Declined: Today's Date: Deschutes County Board of Commissioners PO Box 6005, Bend, OR 97701-6005 1300 NW Wall Street, Suite 200, Bend, OR Telephone_ 541-388-6571 .Bax: 541-385-3202 Website: w>ww.deschutes.ora DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION Project Beginning Date: Amount Requested: Project Name: ett?lf'�'�i�1�' t ►tom tnflir- t't �t�teC't7�rr i Project End Date: Date Funds Needed: I' it 7 ` v(-) Vl �( S r 2o7 Nance of Applicant Organization: /love/love ,e,yi''at t�' t t��l i / j 3 %aicr Address: "1-,M e ivv, 2D4 -LL !) City & Zip Code: Contact Name(s): Fax #: 3 5-i e -&a CLIE)A-1,./01 Email Address: Tax ID #: Telephone #: [ 51/ _' On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will positively impact the community. 5. Identify the specific communities or groups that will benefit. 6. Describe how grant .funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. if the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may he contacted during the review process and asked to provide a complete line item budget. 1. The Cloverdale Rural Fire Protection District is a Special District as described under Oregon Law. Governed by a five person Board of Directors, it provides fire protection for approximately 1,500 homes on approximately 50 square miles within the County of Deschutes. The District is located geographically in the rural area between the cities of Sisters, Redmond, and Bend. The District is managed by a paid Fire Chief, who is assisted by a paid Training OfficerNolunteer Coordinator. All other personnel (22) are volunteers who serve without compensation. In addition to structural and wildland fire protection, the district provides Basic Life Support medical services, and rescue services within its' boundaries. The district provides and receives mutual aid from surrounding communities such as all local fire agencies within the county, Oregon Department of Forestry, {.United States Forest Service, Bureau of Land Management, and provides Conflagration assistance to other areas of the state under the auspices of the Oregon State Fire Marshal. The District serves its' constituents from two stations located strategically throughout the Fire District. 2. The Fire District proposes to purchase 8 each Halligan bars to be used specifically for structural firefighting and rescue. These tools would be used as replacement tools on two engines and three brush trucks used for structure fires and rescue. These tools would replace existing tools of a lesser quality and larger size, that require more effort and require a longer time to complete forcible entry in cases of emergency. 3. The project would be completed within approximately 2 months of the awarding of the grant funds. Once grant funds have been received, the material would be ordered within one week. Completion of the project would be determined by shipping time from suppliers. Suppliers are located throughout the west coast. The vendor offering the lowest price point would receive the order for the product. 4. This project would positively impact the community by allowing our firefighters to respond to fire or rescue incidents throughout the county, and be equipped with comparable equipment to adjoining fire agencies for interoperability. Firefighters would be able to more quickly force entry through doors, with less damage than our current tools. A faster entry time has proven to save lives and property by allowing firefighters to reach entrapped victims faster, and to place water or other extinguishing agents on a fire while it is smaller. These tools also have the potential to allow forcible entry while creating less damage to the property being entered, saving victims an unnecessary expense. 5. This will immediately impact the communities protected by the Cloverdale Fire District (Cloverdale, Plainview, Sun Mountain, Holmes Road, Aspen Lakes, and Panoramic) and our automatic and mutual aid partners (the Sisters -Camp Sherman Rural Fire Protection District, Deschutes County Fire Protection District #2 {Bend Fire}, Redmond Fire and Rescue,) and any other fire agency in Deschutes County. 6. Funds will be used to purchase 8 each 30 inch long Pro -Bar Halligan tools built by Fire Hooks Unlimited. The lowest bid that we received for this purchase was $1,786.00, with no freight charges. Total cost for this project is estimated to be $1,786.00. Upon fulfillment of the grant, the awarding Commissioners would be invited to attend a District Board meeting for a presentation and thank you press conference. The District is aware that these grants typically are funded for under $2,000, and that we may not receive full funding for this project. The District is prepared to pay the additional funds required to complete this project, 7. This is not an ongoing activity that will require funding in the future, other than potential replacement of worn or damaged tools or normal tool maintenance. This occasional replacement or maintenance can be funded out of the Fire District's regular annual budget. Thad Olsen, Fire Chief Cloverdale f3,u al Fire Protection District Deschutes County Board of County Commissioners Discretionary Grant Program Board Meeting Date: July 31, 2017 Organization: American Cancer Society Project Name: Relay for Life of Bend Project Period: August 12-13, 2017 Description: Support Relay for Life of Bend event. Amount of Request: $1,000 Previous Grants: None recorded. Approved: Declined: Today's Date: Deschutes County Board of Commissioners PO Box 6005, Bend, OR 97701-6005 1300 NW Wall Street, Suite 200, Bend, OR Telephone: 541-388-6571 Fax: 541-385-3202 Website: www.deschutes.org DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION 6/26/2017 Project Beginning Date: Amount Requested: Project Name: August 12, 2017 $1000.00 Name of Applicant Organization: Address: Relay for Life of Bend Project End Date: Date Funds Needed: August 13, 2017 August 12, 2017 American Cancer Society 2350 Oakmont Way, Ste. 200 City & Zip Code: Contact Name(s): Fax #: Eugene, 97401 Lisa Bacon Email Address: Tax ID #: Telephone #: 13-1788491 1541-280-9321 lisa.bacon@cancer.org On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will positively impact the community. 5. Identify the specific communities or groups that will benefit. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. 1 v RELAY FOR LIFE Deschutes County Discretionary Grant Application 1. Describe the applicant organization, including its purpose, leadership structure, and activities. The mission of the American Cancer Society is to save lives, celebrate lives, and lead the fight for a world without cancer. Relay for Life is a community-based event hosted worldwide and the largest fundraiser for the American Cancer Society. The American Cancer Society is governed by a volunteer board. Our programs and reach are international, with staff across the country and the globe. We also have a volunteer base of more than 250,000. In Central Oregon, we have two staff members and volunteers in all five communities that we serve (Jefferson County, Crook County, Redmond -Sisters, Bend, and La Pine-Sunriver). The American Cancer Society has been involved in every major breakthrough in cancer care including mammography, PAP tests, PSA testing (to detect prostate cancer), and chemotherapy. Additionally, through the advocacy work of ACS CAN, important screenings are covered by insurance and more than 30 states (including Oregon) are smoke-free. 2. Describe the proposed project or activity. Relay for Life of Bend is a 24-hour event that celebrates cancer survivors, remembers those lost to cancer, and raises funds to continue the important work of freeing the world from the pain of cancer. Although great strides have been made in the fight against cancer, there is still work left to be done. In Oregon, an estimated 21,000 people will be diagnosed with cancer in 2017. 3. Provide a timeline for completing the proposed project or activity. Relay for Life of Bend is a 24-hour event, but the work that we do is ongoing. This year's event will take place at Pilot Butte Middle School on August 12th and 13th. Funds raised at this event and throughout the year go toward cancer research, patient programs, and early detection/prevention measures. 4. Explain how the proposed project or activity will positively impact the community. Through your sponsorship of the Relay for Life of Bend, you can fund rides to and from treatment for cancer patients, nights of lodging with one of our hotel partners for cancer patients and their caregivers, 24-hour education and resources through our hotline, and lifesaving research to address the root causes of cancer. 5. Identify the specific communities or groups that will benefit. Cancer does not discriminate, and neither do we. Funds raised through Relay for Life benefit all people in all communities. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. In 2016, the Relay for Life of Bend raised more than $100,000, thanks to the generosity of local sponsors and community members. The American Cancer Society leverages its resources and invests more funding in our state than what is raised here. Nearly four million dollars is being allocated to research in the state of Oregon alone. Funds are also directed to a Cancer Resource Center in Redmond as well as local programming like Road to Recovery, Look Good, Feel Better, and lodging programs. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. The American Cancer Society and the local chapter of Relay for Life are funded through the generosity of national and local sponsors and community members. We are fortunate to have a year over year commitment from many sponsors and community members, and bring on new partners on an annual basis. Deschutes County Board of County Commissioners Discretionary Grant Program Board Meeting Date: July 31, 2017 Organization: La Pine Rodeo Association Project Name: La Pine Rodeo Project Period: July 1-4, 2017 Description: Support for annual La Pine Rodeo. Amount of Request: $2,500 Previous Grants: 9/2/2002 $2,000.00 La Pine Frontier Days and Rodeo Association events 12/16/2002 $8,900.00La Pine Frontier Days and Rodeo Association events 5/17/2004 $2,000.00' 10/13/2004 $4,000.00' Event 5/24/2005 $3,000.00 Rodeo 5/19/2006 $3,500.00 Rodeo 3/20/2007 $2,500.00 1/28/2008 $1,500.00 8/18/2008 $2,000.00 2009 La Pine Rodeo 2/8/2010 $900.00 ; 2010 La Pine Rodeo 1/19/2011 $1,000.00 2011 La Pine Rodeo 3/25/2013 $1,500.00 2013 La Pine Rodeo 4/7/2014 $1,000.00 2014 La Pine Rodeo 6/3/2015 $1,500.00 2015 La Pine Rodeo and Concert 7/27/2016 $2,000.00 2016 La Pine Rodeo Approved: Declined: Today's Date: Deschutes County Board of Commissioners PO Box 6005, Bend, OR. 97701-6005 1300 NW Wall Street, Suite 200, Bend, OR Telephone: 541-388-6571 Fax: 541-385-3202 Website: www.deschutes.org DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION az/0,1,010/7 Jay/W/7 Project Beginning Date: Amount Requested: Project Name: Name of Applicant Organization: Address: G/ew 44o. Project End Date: Date Funds Needed: /4/2/iL,dle,e) /.2D./341. ff77 City & Zip Code: Contact Name(s): Fax #: l�l.Oxf..7 Email Address: Tax ID #: Telephone #: �/- W On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3_ Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will positively impact the community. 5. Identify the specific communities or groups that will benefit. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. June 2, 2017 Judith Ure La Pine Rodeo Association "The Greatest Little Rodeo in Oregon" ElN #54-2125846 Sent via e-mail: judithu@deschutes.org Re: La Pine Rodeo Discretionary Grant Application Dear Ms. Ure, Please see our attached Discretionary Grant Program Application for the La Pine Rodeo Association. Our Rodeo will take place July 2-3, 2017 and we are also bringing the great Country talent of Ned LeDoux and Josh Gracin, to the rodeo grounds for a concert on July 1". We appreciate the commisioners' continued generous support in the growth of the La Pine Rodeo. We are requesting funds up to $2,500.00 to match a very generous sponsorship received from the City of La Pine to help with the concert expenses for 2017. We had a very successful year in 2016 with our 1st Concert, Buck n' Boom & 14th annual NPRA Rodeo and are again hoping to bring visitors from all over the Pacific Northwest to Central Oregon for the e ofJuly weekend. The "Greatest Little Rodeo in Oregon." just keeps continuing to grow each year. We've continued our Play Day series for 2017 and had a great turn -out for our first event in May. We also loaned our facility to Deschutes County 4-H for their annual Spring Horse Show. In conjunction with the Frontier Days celebrations, La Pine is becoming the place to be over the 4th of July weekend. Our entire board is a team that is very excited and committed to putting on events that continue to bring visitors to Central Oregon to support our corninunity. 1 have enclosed anticipated costs for the concert this year. If you have any questions, please call or e-mail me. Sincerely, A nag&Si.mattcritle Treasurer Cell: (541) 420-9984 E-mail:madrasroundup@gmail.com Enclosures PO Box 674 • La Pine, OR 9'7739 • (541) 420-0462 www.lapinerodeo.com Deschutes County Board of County Commissioners Discretionary Grant Program Board Meeting Date: July 31, 2017 Organization: Sisters Habitat for Humanity Project Name: ReStore Truck Project Period: May 15, 2017 -August 2017 Description: Purchase upgraded delivery truck with lift gate. Amount of Request: $2,000 Previous Grants: None recorded. Approved: Declined: Today's Date: Deschutes County Board of Commissioners PO Box 6005, Bend, OR 97701-6005 1300 NW Wall Street, Suite 200, Bend, OR Telephone: 541-388-6571 Fax: 541-385-3202 Website: www.deschutes.org DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION 1' [11 Project Beginning Date: Amount Requested: Project Name: l 161 2b11 Name of Applicant Organization: Address: Project End Date: Date Funds Needed: A L LJt6- 2_01 f 11-1-t . tL/i, tN- f ,r -e. -P D r3c))6.2315 City & Zip Code: Contact Name(s): Fax #: S'tsk-er, , D - 1'15 ei 5I1-541-c0(g5 Email Address: Tax ID #: Telephone #: 613 - l D3 3(0 6'41-541-11q7 On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will positively impact the community. 5, Identify the specific communities or groups that will benefit. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. ofb Sisters Habitat for Humanity Deschutes County Discretionary Grant Program Application 1) Our Organization: Sisters Habitat for Humanity (Sisters Habitat) was founded 26 years ago in March 1991. In that time we have provided the stability of affordable homeownership to 61 low-income Sisters families. In 2013 we started a repair program and have served six families to date. In, 1993 we opened a Thrift Store in order to raise funds for the building program and provide low- cost goods for families in the community. In 2007 we opened a ReStore, which has contributed additional funds for building homes and has provided a location for our community to donate and purchase used furniture, working appliances and building materials. Proceeds from both stores help fund our building program. Last year $120,500 of the ReStore's sales of $284,700 went back into our home building program. We are recognized nationally as an exceptional, and high producing rural affiliate of Habitat for Humanity International. Our volunteer base continues to grow each year, and we have diverse and skilled board of directors. In the fiscal year 15-16, 258 volunteers served more than 19,000 hours helping Sisters Habitat. Our Mission: Seeking to put God's love into action, Habitat for Humanity brings people together to build homes, communities and hope. We are guided by a board of 14 members, our Executive Director oversees 3.5 affiliate staff and five FTE store staff. 2) Our Project: We are working toward the purchase of an upgraded delivery truck with a lift -gate to use for deliveries and pickups for our ReStore. The truck will be used for picking up and delivering items that are donated and sold at our Habitat ReStore in Sisters. The cost of the truck is $10,500; signage wrap, registration, new hand -truck and straps bring the total to $12,900. We are asking for a grant of $2,000 from the Deschutes County Discretionary Grant program to help with this purchase. 3) Timeline: We have made a deposit on the truck, and have agreed to give the seller the rest of the purchase price by August 30, 2017. A generous ReStore donor has donated $7,300 to go toward the purchase. In addition to the grant from Deschutes County we are also asking individual donors to help with the purchase. 4) Impact: We are the only ReStore in the Sisters area that accepts donated furniture, building materials and appliances, and this is a benefit to everyone. We have kept 960,000 pounds of materials out of the landfill by selling it at the ReStore. Having our truck available to pick up and deliver these items is a benefit to all. A truck with a lift -gate will make pick-ups and deliveries safer and more convenient for staff, volunteers and donors. 5) Benefit: Sisters Habitat donors, staff and volunteers, and ultimately the entire community of Sisters, will benefit from a safer more efficient truck. We pick up and deliver items all around Sisters including the Black Butte and Camp Sherman areas. We charge a small delivery and pick-up fee depending on the location. 6) Funding sources and expenditures: The funds requested will be used toward the purchase of the truck. Please see the next page for our proposed budget including proposed and actual sources of income. Page 1 1 Sisters Habitat for Humanity Deschutes County Discretionary Grant Program Application Expense: Truck Purchase $10,500 Truck Advertising Wrap $1,500 Insurance & Registration, hand truck, straps $900 Total Expense: $12,900 Actual Income: Stock donation from a ReStore Volunteer $7,300 Total Actual Income: $7,300 Potential Income: Deschutes Co. Discretionary Grant $2,000 Donations from individuals $3,600 Total Potential Income: $5,600 7) Ongoing maintenance: The ongoing maintenance, licensing and insurance of the truck will be included in our annual ReStore budget. The fees collected from pick-ups and deliveries will help off- set these expenses. Page 12 Deschutes County Board of County Commissioners Discretionary Grant Program Fundraising Event Board Meeting Date: July 31, 2017 Organization: MountainStar Family Relief Nursery Project Name: Birdies 4 Babies Project Period: August 27, 2017 Description: Support for annual Birdies 4 Babies fundraising golf tournament, silent and live auction, and dinner. Amount of Request: $2,000 Previous Grants: 6/23/2014 $620.00 Trauma Informed Practice Conference 4/1/2017 $1,500.00 Spark! Kindling a Community Conversation Approved: Declined: Today's Date: Deschutes County Board of Commissioners PO Box 6005, Bend, OR 97701-6005 1300 NW Wall Street, Suite 200, Bend, OR Telephone: 541-388-6571 Fax: 541-385-3202 Website: wvvtiv.deschutes.og DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION @ 6/8/17 Project Beginning Date: Amount Requested: Project Name: August 27, 2017 $2,000 Name of Applicant Organization: Address: City & Zip Code: Contact Name(s): Fax #: Birdies 4 Babies Project End Date: Date Funds Needed: August 27, 2017 July 31, 2017 MountainStar Family Relief Nursery 2125 NE Daggett Lane Bend, OR 97701 Kayla Rotunno 541-322-1884 Email Address: Tax ID #: Telephone #: 42-1560891 541-322-6820 Kaylar@mtstar.org On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or aSivity. 4. Explain how the proposed project or activity will positively impact the cotmnunity. 5. Identify the specific communities or groups that will benefit. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget, MountainStar's Request to Deschutes County's Discretionary Grant Program 1. Describe the applicant organization, including its purpose, leadership structure, and activities. MountainStar Family Relief Nursery was formed in 2001 in response to the community need for comprehensive services for distressed families with very young children. Our mission is to prevent child abuse and neglect through community support and therapeutic services that help vulnerable children and families succeed. We are the only program in Deschutes, Jefferson, and Crook Counties providing therapeutic classrooms, parenting education services, and family support targeted at protecting babies and toddlers who are at significant risk for abuse and neglect. Our Relief Nursery services include the Therapeutic Early Childhood Program (TECP) with three age specific Therapeutic Classrooms and the Safety Net Program, which provides crisis intervention and ongoing services to high risk families who are not enrolled in the TECP. To further meet the needs of client families in crisis, over the years we have added regular child assessments, home visitations, transportation services, emergency food boxes through partner agencies, services for limited English-speaking families, and a variety of mental health services. Since our inception, we have increased the number of children served annually from 34 in the first year (2001), to over 450 children and their families. MountainStar has consistently sought to maximize our impact on child safety and parent success through close partnership with Deschutes County, social service agencies, and other organizations. MountainStar has an experienced, professional, and dedicated staff of 30; an active, committed 10 member Board of Directors; and 140 volunteers. MountainStar staff participate in coordinating groups such as Partnership for Young Children, Central Oregon Parenting Education Cooperative, Oregon Association of Relief Nurseries, and the Child Care and Education workgroup of the Early Learning Division. MountainStar consistently performs at the highest quality standard and was awarded Organization of the Year by the Bend Chamber of Commerce in 2016 and in 2006. In 2014 we achieved a 5 -star rating from Oregon's new Quality Rating and Improvement System (QRIS). MountainStar is one of only 36 programs in Oregon accredited by the National Association for the Education of Young Children (NAEYC). We have held this accreditation for the past six years. Our research -informed programs focus on children at the highest -risk for abuse who are between the ages of birth and five. Close to half of Oregon's child abuse victims fall into this age group. The infants and toddlers we serve live in households with an average of 18 risk factors, including substance abuse, mental health issues, or a history of family violence. 100% of our client families live in poverty. It is these children, and their families, who are at the center of our efforts. 2. Describe the proposed project or activity. "Birdies 4 Babies" is an annual golf tournament, silent and live auction, and dinner held at Broken Top Club on August 27, 2017. Proceeds support MountainStar's child abuse and neglect prevention programs that help strengthen families living in crisis. This important event brings together 250+ individuals and businesses in our community and generates approximately 30% of our annual fundraising goal. In 2015, we raised 1 $90,000 and in 2016 we raised an incredible $160,000. We hope to continue this trend of success with help from the community. 3. Provide a timeline for completing the proposed project or activity. Birdies 4 Babies is planned for August 27, 2017. We are currently collecting auction donations, acquiring sponsors, and planning the logistics of the event. The major planning for the event will be complete around July 31, 2017. The final weeks are dedicated to event day coordination. 4. Explain how the proposed project or activity will positively impact the community. The Birdies 4 Babies event is our largest and most important fundraiser of the year, accounting for around 30% of our total fundraising budget for the entire year. Through this event, we hope to gain monetary donors (the evening of the event and beyond) as well as sustained advocates and supporters. MountainStar's top funding need is unrestricted operating income for our Therapeutic Early Childhood Program (TECP), which is our most intensive and effective child abuse prevention program. We have centers offering this program in Bend, Madras, and Prineville. Each year we must raise hundreds of thousands of dollars to operate this program, which offers every child/family involved over 300 hours of contact each year. Furthermore, we offer families support by providing basic needs, mental health services, home visits, and parent coaching. The more we raise at Birdies 4 Babies, the more resources we can dedicate to children and families who are living in crisis in our community. By offering more opportunies for TECP, mental health services, parent coaching, home visits, and basic supplies we can positivily impact our community, specifically those that need it most. 5. identify the specific communities or groups that will benefit. MountainStar serves children from birth to five years of age who are experiencing toxic stress. The families we serve have an average of 18 risk factors for child abuse including homelessness, poverty, domestic violence, mental illness, drug/alcohol dependence, and more. Our primary mission is to intervene on behalf of at -risk kids living in the highest tier of need in each community we serve. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures. Grant funds will be used to support event costs, along with business sponsorships and individual contributions. Currently we have secured our Title Sponsor, Pahlisch Homes ($15,000), three matching gifts for our paddle raise (St. Charles and two anonymous donors), Beverage Cart Sponsor ($2,000), and others. We anticipate the following event costs: Venue — Broken Top Club $20,006 Golf Course site fee $2,000 Great Room site fee $750 Lakeside Room site fee $250 Sunrise Terrace site fee $500 2 Appetizers $2,070 Dinner (est 256 x $35) $8,960 Food Gratuity $2,206 Beverage Cart $1,500 Beverage Gratuity $300 Golf Staff Gratuity $250 LA/PE/SD Poster Printing $60 Beer Keg Tapping Fee $300 Corkage Fee $860 Soda, coffee, water $0 Board Room site fee $0 Water for Tent Barrels $0 Vendor Rentals $4,000 AN System $1,250 Tent Rental (Incredible Events) $2,750 Auctioneer ? Event Materials $1,300 Graphic Design (Chris @ Thistlefish) $900 BookMark Tags $50 Wands $50 Winning Team Gifts $50 Stars $150 Other $100 Printing - Abracadabra $775 Programs $300 Hole Sponsor Signs $60 Wand Raise Bid # Stickers $75 Story Cards $40 Invitations $100 3 Other Other Office Supplies Hole in One Insurance Greater Giving Processing charge Volunteer Food Thank You Gifts Gray boxes are added together to calculate: TOTAL EXPENSES $200 $6,120 $200 $1,020 $4,500 $250 $150 $32,201 7. If the grant will support an ongoing activity, explain how it will be funded in the future. MountainStar is managed sustainably and our presence is stable at centers in Bend, Madras, and Prineville. We receive funding for our Relief Nursery programs (Therapeutic Early Childhood Program and Safety Net Program) through government grants (about 40%), as well as individuals, businesses, and foundations in the community (about 60%). With regard to Birdies 4 Babies, we will continue to seek out business, individual, foundation, and government sponsors to underwrite event costs. It is our intention to fund and host Birdies 4 Babies annually. With community involvement and support, this event will continue to succeed and strengthen families throughout Central Oregon. 4