2018-61-Minutes for Meeting December 27,2017 Recorded 2/20/2018Recorded in Deschutes County CJ2018-61
Nancy Blankenship, County Clerk
Commissioners' Journal 02/20/2018 9:50:10 AM
2018-61
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, WEDNESDAY, DECEMBER 27, 2017
Barnes and Sawyer Rooms - Deschutes Services Center —1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or
discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects.
Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are
invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public
live or at a later date; and written minutes are taken for the record.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues
that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE. Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
1. Consideration of Approval of Investment Policy and Authorization for the County
Administrator's Signature
2. Consideration of Board Signature of Document No. 2017-708, Acceptance of Tax Deed
for Tax Foreclosure Properties
Board of Commissioners Business Meeting Agenda Wednesday, December 27, 2017 Page 1
of 3
3. Consideration of Board Approval and Signature of Document Number 2017-738, a
License Agreement Between Deschutes County, Licensor, and Mosaic Medical,
Licensee.
4. Consideration of Chair Signature of Document No. 2017-758, Amendment to
Promissory Note with the Humane Society of Redmond
5. Consideration of Board Signature of Document No. 2017-775, Improvement Agreement
for Saturn Power Corporation
6. Consideration of Chair Signature of Document No. 2017-737, Amendment to Doc#
2012-622 Deschutes County/Medcor
7. Consideration of Chair Signature of 2017-757, Amendment to Premise Health Contract
2012-299
8. Consideration of Board Signature of Document No. 2017-774, Third Party Agreement -
PacificSource
9. Consideration of Board Approval of Deschutes County Group Medical Plan Document #
2017-776
10. Consideration of Board Approval of Deschutes County Group Dental Plan Document #
2017-777
11.Approval of Notes of the BOCC Round III Department Site Visits for June 29, 2017,
August 31, 2017, and September 19, 2017
12. Approval of Minutes of the October 30, 2017 Work Session
13.Approval of Minutes of the November 1, 2017 Business Meeting
14.Approval of Minutes of the November 1, 2017 Work Session
15. Approval of Minutes of the November 8, 2017 Work Session
16. Approval of Minutes of the November 20, 2017 Business Meeting
17. Approval of Minutes of the November 20, 2017 Work Session
ACTION ITEMS
18. Consideration of Board Approval to Move Forward with Victims Assistance Support
Services Non -Competitive Grant -Ashley Beatty, Program Coordinator
19. Consideration of Board Signature of Document No. 2017-771, PacificSource - CMHP
Performance Program - DeAnn Carr, Health Services Deputy Director
Board of Commissioners Business Meeting Agenda Wednesday, December 27, 2017 Page 2
of 3
20. Wildlife Area Combining Zone / Amendments: Consideration of Board Signature of
Ordinance Nos. 2017-016 and 2017-017, Amending Deschutes County Comprehensive
Plan and County Code Title 18, Zoning; and Declaring an Emergency - Peter
Gutowsky, Planning Manager
21. Consideration of Board Signature of Document No. 2017-773, Decision Related to
Marijuana Production and Processing Facility, Evolution Concepts - Cynthia Smidt,
Associate Planner
22. PUBLIC HEARING: Harper Road Marijuana Production Appeal - Cynthia Smidt,
Associate Planner
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific
guidelines, are open to the media.
ADJOURN
To watch this meeting on line, go to: www.deschutes.orq/meetings
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
®®
M® Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.orq/meetingcalendar
(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 Business Meeting Agenda Wednesday, December 27, 2017 Page 3
of 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 Business Meeting of December 27, 2017
DATE: December 18, 2017
FROM: James Lewis, Property Management, 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2017-708, Acceptance of Tax Deed for Tax
Foreclosure Properties
RECOMMENDATION & ACTION REQUESTED:
Signature for acceptance of Tax Deed - Deschutes County Document Number 2017-708.
BACKGROUND AND POLICY IMPLICATIONS:
On October 14, 2015, the Circuit Court of the State of Oregon awarded foreclosure for the
properties listed in Case No. 15CV21830. The foreclosure action was a result of delinquency to
pay taxes on real property. Pursuant to State Statute, a two (2) year redemption period was
provided for the owners - the six properties at question were not redeemed within the established
time -period. These properties are now being conveyed to Deschutes County via Tax Deed as
provided by the Deschutes County Tax Collector.
Pursuant to ORS 93.808, Deschutes County, as a political subdivision of the State, must formally
approve of the conveyance and accept such properties. By accepting the properties, Deschutes
County will manage the property and consider such property for disposition through future public
auction (as surplus property) pursuant to the applicable provisions of ORS 275.
FISCAL IMPLICATIONS:
None at this time. Future sale through public auction will provide revenue to the applicable taxing
districts, with a portion of the revenue retained to cover expenses directly related to property
management of the tax foreclosed properties.
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 Business Meeting of December 27, 2017
DATE: December 18, 2017
FROM: Wayne Lowry, Finance, 541-388-6559
TITLE OF AGENDA ITEM:
Consideration of Approval of Investment Policy and Authorization for the County
Administrator's Signature
RECOMMENDATION & ACTION REQUESTED:
Staff recommends approval of the Investment Policy as submitted
CONTRACTOR: N/A
AGREEMENT TIMEFRAME: N/A:
INSURANCE:
No
BACKGROUND AND POLICY IMPLICATIONS:
The County's Investment Policy was last approved in December 2016. ORS 294.135 requires
that an investment policy must be approved annually when the local government intends to
invest funds beyond 18 months. Our investment policy also requires that it be reviewed by the
Oregon Short Term Fund Board if there are any materials changes to it being proposed since it
was last approved. Because no changes are being proposed, that review is not required.
The Investment Policy is being presented to the Board of County Commissioners for annual
approval with no changes proposed.
FISCAL IMPLICATIONS:
Approval of the Policy will allow the Treasurer to continue investing County funds under the
current Policy through December 2018.
ATTENDANCE: Wayne Lowry, Finance Director/Treasurer
JTes o
o { Deschutes County Administrative Policy No. F-10
Effective Date: January 7, 2008
Revised Date: June 24, 2009
Revised Date: September 20, 2012
Revised Date: December 11, 2013
Revised Date: December 15, 2014
Revised Date: December 17, 2015
Revised Date: December 27, 2017
INVESTMENT POLICY GUIDELINES
PURPOSE
This Investment Policy defines the parameters within which funds are to be invested by
Deschutes County. Deschutes County's purpose is to provide County Level Services for
a large portion of Central Oregon. This policy also formalizes the framework, pursuant
to ORS 294.135, for Deschutes County's investment activities to ensure effective and
judicious management of funds within the scope of this policy.
These guidelines are intended to be broad enough to allow designated investment staff to
function properly within the parameters of responsibility and authority, yet specific
enough to adequately safeguard the investment assets.
GOVERNING AUTHORITY
Deschutes County's investment program shall be operated in conformance with Oregon
Revised Statutes and applicable Federal Law. Specifically, this investment policy is
written in conformance with ORS 294.035; 294.040; 294.052; 294.135; 294.145; and
294.810. All funds within the scope of this policy are subject to these statutes and
regulations established by the State of Oregon. Any revisions or extensions of these
sections of the ORS shall be assumed to be part of this Investment Policy immediately
upon being enacted.
SCOPE
This policy applies to activities of Deschutes County with regard to investing the
financial assets of all County funds including County Service Districts and Trust Funds.
Investments of employees' retirement funds, deferred compensation plans, and other
funds are not covered by this policy. The amount of funds falling within the scope of this
policy over the next three years is expected to range between $90 million and $170
million.
GENERAL OBJECTIVES
The primary objectives, in priority order, of investment activities shall be:
1. Preservation of Invested Capital
Investments shall be undertaken in a manner that seeks to ensure the preservation of
capital in the overall portfolio. The goal is to mitigate credit risk and interest rate risk.
Policy #F-10, Investment Policy Guidelines Page 1 of 13
2. Liquidity
The investment portfolio shall remain sufficiently liquid to meet all reasonably
anticipated operating requirements. Furthermore, the portfolio should consist largely
of securities with active secondary or resale markets. A portion of the portfolio also
may be placed in the Oregon Short Term Fund which offers next -day liquidity. Where
possible and prudent, the portfolio should be structured so that investments mature
concurrent with anticipated demands.
3. Return
The investment portfolio shall be designed with the objective of attaining a market
rate of return throughout budgetary and economic cycles, taking into consideration the
safety and liquidity needs of the portfolio. Although return consists of both principal
return (gains and losses due to market value fluctuations) and income return (yield),
this policy discourages active trading and turnover of investments. Investments
should generally be held to maturity.
STANDARDS OF CARE
1. Prudence.
The standard of prudence to be used by investment officials shall be the "prudent
person" standard and shall be applied in the context of managing an overall portfolio.
Investment officers acting in accordance with written procedures and this investment
policy, and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided deviations from
expectations are reported and appropriate action is taken to control adverse
developments within a timely fashion as defined in this policy.
The "prudent person" standard states:
"Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income to
be derived."
2. Ethics and Conflicts of Interest.
Officers and employees involved in the investment process shall refrain from personal
activity that could conflict with the proper execution and management of the
investment program, or that could impair their ability to make impartial decisions.
Employees and investment officials shall disclose any material interests in financial
institutions with which they conduct business. Disclosure shall be made to the
governing body. They shall further disclose any personal financial/investment
positions that could be related to the performance of the investment portfolio.
Employees and officers shall refrain from undertaking personal investment
transactions with the same individual with whom business is conducted on behalf of
the County. Officers and employees shall, at all times, comply with the State of
Oregon Government Standards and Practices code of ethics set forth in ORS Chapter
244.
Policy #17-10, Investment Policy Guidelines Page 2 of 13
3. Delegation of Authority and Responsibilities
L Governing Body
The Board of County Commissioners will retain ultimate fiduciary
responsibility for invested funds. The governing body will receive reports,
pursuant to, and with sufficient detail to comply with ORS 294.085 and
294.155.
H. Delegation of Authority
Authority to manage investments within the scope of this policy and operate
the investment program in accordance with established written procedures and
internal controls is granted to the Finance Director/Treasurer, hereinafter
referred to as Investment Officer, and derived from the following: ORS
294.035 to 294.053, 294.125 to 294.145, and 294.810.
No person may engage in an investment transaction except as provided under
the terms of this policy and the procedures established by the Investment
Officer. The Investment Officer shall be responsible for all transactions
undertaken and shall establish a system of controls to regulate the activities of
subordinate officials.
All participants in the investment process shall seek to act responsibly as
custodians of the public trust. No officer or designee may engage in an
investment transaction except as provided under the terms of this policy and
supporting procedures.
iii. Investment Committee
The Deschutes County Board of County Commissioners established an
investment advisory committee on April 19, 1995 by resolution 95-12520 to
provide guidance to the Investment Officer and monitor investment policy
compliance.
iv. Investment Adviser
The Investment Officer may engage the services of one or more external
investment managers to assist in the management of the County's investment
portfolio in a manner consistent with this investment policy. Investment
advisers may be hired on a non -discretionary basis. All investment
transactions by approved investment advisers must be pre -approved in writing
by the Investment Officer and compliant with this Investment Policy. If the
Investment Officer hires an investment adviser to provide investment
management services, the adviser is authorized to transact with its direct
dealer relationships on behalf of Deschutes County.
TRANSACTION COUNTERPARTIES, INVESTMENT ADVISERS AND
DEPOSITORIES
1. Broker/Dealers
The Investment Officer shall determine which broker/dealer firms and registered
representatives are authorized for the purposes of investing funds within the scope of
Policy #F-10, Investment Policy Guidelines Page 3 of 13
this investment policy. A list will be maintained of approved broker/dealer firms and
affiliated registered representatives.
The following minimum criteria must be met prior to authorizing investment
transactions. The Investment Officer may impose more stringent criteria.
L Broker/Dealer firms must meet the following minimum criteria:
A. Be registered with the Securities and Exchange Commission (SEC);
B. Be registered with the Financial Industry Regulatory Authority
(FINRA).
C. Provide most recent audited financials.
D. Provide FINRA Focus Report filings.
H. Approved broker/dealer employees who execute transactions with Deschutes
County must meet the following minimum criteria:
A. Be a registered representative with the Financial Industry Regulatory
Authority (FINRA);
B. Be licensed by the state of Oregon;
C. Provide certification (in writing) of having read; understood; and
agreed to comply with the most current version of this investment
policy.
iii. Periodic (at least annual) review of all authorized broker/dealers and their
respective authorized registered representatives will be conducted by the
Investment Officer. Factors to consider would be:
A. Pending investigations by securities regulators.
B. Significant changes in net capital.
C. Pending customer arbitration cases.
D. Regulatory enforcement actions.
2. Investment Advisers
A list will be maintained of approved advisers selected by conducting a process of
due diligence.
L The following items are required for all approved Investment Advisers:
A. The investment adviser firm must be registered with the Securities and
Exchange Commission (SEC) or licensed by the state of Oregon;
(Note: Investment adviser firms with assets under management > $100
million must be registered with the SEC, otherwise the firm must be
licensed by the state of Oregon)
B. All investment adviser firm representatives conducting investment
transactions on behalf of Deschutes County must be registered
representatives with FINRA;
C. All investment adviser firm representatives conducting investment
transactions on behalf of Deschutes County must be licensed by the
state of Oregon;
Policy #F-10, Investment Policy Guidelines Page 4 of 13
D. Certification, by all of the adviser representatives conducting
investment transactions on behalf of Deschutes County, of having read,
understood and agreed to comply with this investment policy.
ii. A periodic (at least annual) review of all authorized investment advisers will
be conducted by the Investment Officer to determine their continued eligibility
within the portfolio guidelines. Factors to consider would be:
A. Pending investigations by securities regulators.
B. Significant changes in net capital.
C. Pending customer arbitration cases.
Regulatory enforcement actions.
3. Depositories
L All financial institutions who desire to become depositories must be qualified
Oregon Depositories pursuant to ORS Chapter 295.
4. Competitive Transactions
L The Investment Officer shall obtain and document competitive bid
information on all investments purchased or sold in the secondary market.
Competitive bids or offers should be obtained, when possible, from at least
three separate brokers/financial institutions or through the use of a nationally
recognized trading platform.
ii. In the instance of a security for which there is no readily available competitive
bid or offering on the same specific issue, the Investment Officer shall
document quotations for comparable or alternative securities.
iii. When purchasing original issue instrumentality securities, no competitive
offerings will be required as all dealers in the selling group offer those
securities at the same original issue price. However, the Investment Officer is
encouraged to document quotations on comparable securities.
iv. If an investment adviser provides investment management services, the
adviser must retain documentation of competitive pricing execution on each
transaction and provide upon request.
ADMINISTRATION AND OPERATIONS
1. Delivery vs. Payment
All trades of marketable securities will be executed (cleared and settled) by delivery
vs. payment (DVP) to ensure that securities are deposited in the County's
safekeeping institution prior to the release of funds.
2. Third -Party Safekeeping
Securities will be held by an independent third -party safekeeping institution selected
by the County. All securities will be evidenced by safekeeping receipts in the
Policy #F-10, Investment Policy Guidelines Page 5 of 13
County's name. Upon request, the safekeeping institution shall make available a copy
of its Statement on Standards for Attestation Engagements (SSAE) No. 16.
3. Internal Controls.
The investment officer is responsible for establishing and maintaining an adequate
internal control structure designed to reasonably assure that invested funds are
invested within the parameters of this Investment policy and, protected from loss,
theft or misuse. Specifics for the internal controls shall be documented in writing.
The established control structure shall be reviewed and updated periodically by the
Investment Officer.
The concept of reasonable assurance recognizes that the cost of a control should not
exceed the benefits likely to be derived and the valuation of costs and benefits
requires estimates and judgments by management.
The internal controls shall address the following points at a minimum:
L Compliance with Investment Policy
H. Control of collusion.
iii. Separation of transaction authority from accounting and record keeping.
iv. Custodial safekeeping.
v. Avoidance of physical delivery of securities whenever possible and address
control requirements for physical delivery where necessary.
vi. Clear delegation of authority to subordinate staff members.
vii. Confirmation of transactions for investments and wire transfers in written or
digitally verifiable electronic form.
viii.Dual authorizations of wire and automated clearing house (ACH) transfers
ix. Staff training
x. Review, maintenance and monitoring of security procedures both manual and
automated.
4. An external auditor in conjunction with the annual County audit shall review compliance
with Oregon state law and Deschutes County policies and procedures.
SUITABLE AND AUTHORIZED INVESTMENTS
1. Permitted Investments
The following investments are permitted pursuant to ORS 294.035, 294.040, and
ORS 294.810. (Note: Permitted investments may be more restrictive than ORS
294.035 and 294.810).
• US Treasury Obligations: U.S. Treasury and other government obligations that
carry the full.faith and credit guarantee of the United States,for the timely
payment of principal and interest.
• US Agency Obligations: Senior debenture obligations of US federal agencies and
instrumentalities or U.S. government sponsored enterprises (GSE).
• Oregon Short Term Fund.
• Corporate Indebtedness
1. Commercial Paper issued under the authority of section 3(a)2 or 3(a)3 of
the Securities Act of 1933.
2. Corporate Bonds
Policy #F-10, Investment Policy Guidelines Page 6 of 13
Municipal Debt
Bankers Acceptances
Qualified Institution Time Deposits/Savings Accounts/Certificates of Deposit.
2. Approval of Permitted Investments
If additional types of securities are considered for investment, per Oregon state statute
they will not be eligible for investment until this Policy has been amended and the
amended version adopted by Deschutes County.
3. Prohibited Investments
i. Private Placement or 11144A" Securities
Private placement or "144A" securities are not allowed. For purposes of the
policy, SEC Rule 144A securities are defined to include commercial paper
privately placed under section 4(a)(2) of the Securities Act of 1933.
H. US Agency Mortgage-backed Securities
US agency mortgage-backed securities such as those securities issued by
FNMA and FHLMC are not allowed.
iii. Securities Lending
The County shall not lend securities nor directly participate in a securities
lending program.
4. Demand Deposits and Time Deposits
i. All demand deposits and time deposits (Examples of time deposits are:
certificates of deposit and savings accounts) shall be held in qualified Oregon
depositories in accordance with ORS Chapter 295.
H. Demand deposits in qualified depository institutions are considered cash
vehicles and not investments and are therefore outside the scope and
restrictions of this policy. Pursuant to ORS 294.035(3)(d), time deposits,
certificates of deposit and savings accounts are considered investments and
within the scope of this policy.
INVESTMENT PARAMETERS
1. Credit Risk
Credit risk is the risk that a security or a portfolio will lose some or all of its value due
to a real or perceived change in the ability of the issuer to repay its debt. Credit risk
will be mitigated by the following guidelines:
i. Diversification
It is the policy of Deschutes County to diversify its investments. Where
appropriate, exposures will be limited by security type; maturity; issuance,
issuer, and security type, Allowed security types and Investment exposure
limitations are detailed in the table below.
H. Recognized Credit Ratings
Investments must have a rating from at least two of the following nationally
recognized statistical ratings organizations (NRSRO): Moody's Investors
Service; Standard & Poor's; and Fitch Ratings Service as detailed in the table
Policy #F-10, Investment Policy Guidelines Page 7 of 13
below. Ratings used to apply the guidelines below should be investment level
ratings and not issuer level ratings.
iii. Portfolio Average Credit Rating
The minimum weighted average credit rating of the portfolio's rated
investments shall be Aa/AA/AA by Moody's Investors Service; Standard &
Poor's; and Fitch Ratings Service respectively.
iv. Exposure Constraints and Minimum Investment Credit Ratings.
(1)25% Maximum per ORS 294.035(D)
(2)As authorized by ORS 294.035(3)(d)
(3)35% Maximum per ORS 294.035(D)
(4)5% Maximum per ORS 294.035(D)
v. Restriction on Issuers With Prior Default History
Per ORS 294.040, the bonds of issuers listed in ORS 294.035 (3)(a) to (c) may
be purchased only if there has been no default in payment of either the
principal of or the interest on the obligations of the issuing county, port,
school district or city, for a period of five years next preceding the date of the
investment.
Policy #F-10, Investment Policy Guidelines Page 8 of 13
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Oregon Short•
Maximum
allowed • -
294.810
Bankers' Acceptances
25%(')
Al+/Pl/Fl+
Time Deposits/Savings
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Accounts/Certificates of , • •
PerInstitution
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Corporate , • • •
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Perlssuer
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♦ •
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Per(4) Issuer
' 1 1
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(1)25% Maximum per ORS 294.035(D)
(2)As authorized by ORS 294.035(3)(d)
(3)35% Maximum per ORS 294.035(D)
(4)5% Maximum per ORS 294.035(D)
v. Restriction on Issuers With Prior Default History
Per ORS 294.040, the bonds of issuers listed in ORS 294.035 (3)(a) to (c) may
be purchased only if there has been no default in payment of either the
principal of or the interest on the obligations of the issuing county, port,
school district or city, for a period of five years next preceding the date of the
investment.
Policy #F-10, Investment Policy Guidelines Page 8 of 13
2. Liquidity Risk
Liquidity risk is the risk that an investment may not be easily marketable or
redeemable. The following strategies will be employed to mitigate liquidity risks:
i. The value of at least 10% of funds available for investing or three months of
budgeted operating expenditures will be invested in the Oregon Short Term
Fund, with a qualified depository institution, or investments maturing in less
than 30days to provide sufficient liquidity for expected disbursements.
ii. Funds in excess of liquidity requirements are allowed for investments
maturing in greater than one year. However, longer-term investments tend to
be less liquid than shorter term investments. Portfolio investment maturities
will be limited as follows:
Total Portfolio Maturity Constraints:
M. Reserve or Capital Improvement Project funds may be invested in securities
exceeding the maximum term if the maturities of such investments are made
to coincide as nearly as practicable with the expected use of the funds.
iv. Larger issuance sizes enhance liquidity as there are likely to be a greater
number of investors. Issuance sizes above a minimum amount qualify a
corporate or municipal debt bond issuance for index eligibility. Index
eligible bonds have a significantly larger investor base which improves
liquidity.
v. Limiting investment in a specific debt issuance improves secondary market
liquidity by assuring there are other owners of the issuance.
US Agency Securities 50%
Corporate Debt -
Corporate Commercial Paper 25%
Corporate Bonds 25%
Municipal Bonds 25%
3. Interest Rate Risk
Longer-term investments have the potential to achieve higher returns but are also
likely to exhibit higher market value volatility due to the changes in the general level
of interest rates over the life of the investment(s). Interest rate risk will be mitigated
by providing adequate liquidity for short term cash needs, and by making longer-term
Policy #17-10, Investment Policy Guidelines Page 9 of 13
investments only with funds that are not needed for current cash flow purposes.
Certain types of securities, including variable rate securities, securities with principal
pay -downs prior to maturity, and securities with embedded options, will affect the
interest rate risk profile of the portfolio differently in different interest rate
environments. The following strategies will be employed to control and mitigate
adverse changes in the market value of the portfolio due to changes in interest rates:
L Where feasible and prudent, investment maturities should be matched with
expected cash outflows to mitigate market risk.
H. To the extent feasible, investment maturities not matched with cash outflows,
including liquidity investments under one year, should be staggered to
mitigate re -investment risk.
iii. No commitments to buy or sell securities may be made more than 14 days
prior to the anticipated settlement date, or receive a fee other than interest for
future deliveries.
iv. The maximum percent of callable securities in the portfolio shall be 25%;
v. The maximum stated final maturity of individual securities in the portfolio
shall be five years, except as otherwise stated in this policy.
vi. The maximum portfolio average maturity (measured with stated final
maturity) shall be 2.0 years.
INVESTMENT OF PROCEEDS FROM DEBT ISSUANCE
1. Investments of bond proceeds are restricted under bond covenants that may be more
restrictive than the investment parameters included in this policy. Bond proceeds shall
be invested in accordance with the parameters of this policy and the applicable bond
covenants and tax laws.
2. Funds from bond proceeds and amounts held in a bond payment reserve or proceeds
fund may be invested pursuant to ORS 294.052. Investments of bond proceeds are
typically not invested for resale and are maturity matched with outflows.
Consequently, surplus funds within the scope of ORS 294.052 are not subject to this
policy's liquidity risk constraints within section IX (2).
INVESTMENT OF RESERVE OR CAPITAL IMPROVEMENT FUNDS
1. Pursuant to ORS 294.135(1)(b), reserve or capital Improvement project funds maybe
invested in securities exceeding three years when the funds in question are being
accumulated for an anticipated use that will occur more than 18 months after the
funds are invested, then, upon the approval of the governing body of the county, the
maturity of the investment or investments made with the funds may occur when the
funds are expected to be used.
Policy #F-10, Investment Policy Guidelines Page 10 of 13
GUIDELINE MEASUREMENT AND ADHERENCE
1. Guideline Measurement
Guideline measurements will use par value of investments.
2. Guideline Compliance:
L If the portfolio falls outside of compliance with adopted investment policy
guidelines or is being managed inconsistently with this policy, the Investment
Officer shall bring the portfolio back into compliance in a prudent manner and
as soon as prudently feasible.
H. Violations of portfolio guidelines as a result of transactions; actions to bring
the portfolio back into compliance and; reasoning for actions taken to bring
the portfolio back into compliance shall be documented and reported to the
Board of County Commissioners.
iii. Due to fluctuations in the aggregate surplus funds balance, maximum
percentages for a particular issuer or investment type may be exceeded at a
point in time. Securities need not be liquidated to realign the portfolio;
however, consideration should be given to this matter when future purchases
are made to ensure that appropriate diversification is maintained.
REPORTING AND DISCLOSURE
1. Compliance
The Investment Officer shall prepare a report at least monthly that allows the Board of
County Commissioners to ascertain whether investment activities during the reporting
period have conformed to the investment policy. The report will also be provided to
the investment advisory committee. The report will include, at a minimum, the
following:
L A listing of all investments held during the reporting period showing: par/face
value; accounting book value; market value; type of investment; issuer; credit
ratings; and yield to maturity (yield to worst if callable).
H. Average maturity of the portfolio at period -end.
iii. Maturity distribution of the portfolio at period -end.
iv. Average portfolio credit quality of the portfolio at period -end.
v. Average weighted yield to maturity (yield to worst if callable investments are
allowed) of the portfolio.
vi. Distribution by type of investment.
vii. Transactions since last report.
viii.Distribution of transactions among financial counterparties such as
broker/dealers.
ix. Violations of portfolio guidelines or non-compliance issues that occurred
during the prior period or that are outstanding. This report should also note
actions (taken or planned) to bring the portfolio back into compliance.
2. Performance Standards/ Evaluation
At least annually, the Investment Officer shall report comparisons of investment
returns to relevant alternative investments and comparative Bond Indexes. The
Policy #F-10, Investment Policy Guidelines Page 11 of 13
performance of the portfolio should be compared to the performance of alternative
investments such as available certificates of deposit; the Oregon Short Term Fund;
US Treasury rates; or against one or more bond indices with a similar risk profile
(e.g., Bond indexes comprised of high grade investments and maximum maturities of
three years).
When comparing performance, all fees and expenses involved with managing the
portfolio shall be included in the computation of the portfolio's rate of return.
3. Marking to Market.
The market value of the portfolio shall be calculated at least monthly and a statement
of the market value of the portfolio shall be included in the monthly report.
4. Audits
Management shall establish an annual process of independent review by the external
auditor to assure compliance with internal controls. Such audit will include tests
deemed appropriate by the auditor.
POLICY MAINTENANCE AND CONSIDERATIONS
1. Review
The investment policy shall be reviewed at least annually to ensure its consistency
with the overall objectives of preservation of principal, liquidity and return, and its
relevance to current law and financial and economic trends.
The annual report should also serve as a venue to suggest policies and improvements
to the investment program, and shall include an investment plan for the coming year.
2. Exemptions
Any investment held prior to the adoption of this policy shall be exempted from the
requirements of this policy. At maturity or liquidation, such monies shall be
reinvested as provided by this policy.
3. Policy Adoption and Amendments
This investment policy and any modifications to this policy must be formally
approved in writing by the Board of County Commissioners.
This policy must be submitted to the Oregon Short Term Fund (OSTF) Board for
review if:
L This policy allows maturities beyond 18 months unless the funds are being
accumulated for a specific purpose, including future construction projects, and
upon approval of the Board of County Commissioners, the maximum maturity
date matches the anticipated use of the funds (ORS 294.135(1)(b) and
294.135(3)).
And either:
A. This policy has never been submitted to the OSTF Board for comment;
Or
B. Material changes have been made since the last review by the OSTF
Board.
Policy #F-10, Investment Policy Guidelines Page 12 of 13
Regardless of whether this policy is submitted to the OSTF Board for comment, this
policy shall be re -submitted not less than annually to the Board of County
Commissioners for approval.
Approved by the Board of Commissioners
Tom Anderson
County Administrator
Policy #F-10, Investment Policy Guidelines Page 13 of 13
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.descluites.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting as soon as possible , C.® 2_7 11
DATE: 12/21/2017
FROM: Ashley Beatty Victims Assistance 541-317-3186
TITLE OF AGENDA ITEM:
Consideration for Board approval to move forward with VOCA Supportive Services Non -
Competitive Grant
PUBLIC HEARING ON THIS DATE? Either
BACKGROUND AND POLICY IMPLICATIONS:
Victims of Crime Act (VOCA) provides funding to the Deschutes County Victims Assistance
Program to meet statutory mandates to provide services to crime victims. Funding from VOCA is
distributed through a formula distribution. This additional grant is also a non-competitive formula
grant. Deschutes County Victims Assistance will not apply for the full grant amount, but only the
amount that can be utilized by the program.
FISCAL IMPLICATIONS:
Deschutes County Victims Assistance will apply for the following:
• Training- $6,675 will be requested to provide supplemental training dollars for the Victims
Assistance Program.
• Emergency Services- $3,000. This is an ongoing pot of money that is provided to Victims
Assistance Programs to provide direct services to victims. This is only collected if it's used.
• Mental Health Services- $7,500 Deschutes County Victims Assistance Program is pursuing a
Courthouse Facility Dog.
RECOMMENDATION & ACTION REOUESTED:
Victims Assistance is seeking BOCC approval to move forward with applying for the
ATTENDANCE: Ashley Beatty will be present.
DISTRIBUTION OF DOCUMENTS:
No documentation distribution is needed.
1/12/16
LEGAL COUNSEL
2018-2019
VICTIMS OF CRIME ACT
SUPPORT SERVICES & TRAINING
NON-COMPETITIVE GRANT
E -G RANTS
FORM INSTRUCTIONS
Attorney General Ellen F. Rosenblum
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 1 of 23
TABLE OF CONTENTS
FORM
TITLE
PAGE
A
COVER PAGE
3-4
B
SERVICES CHECKLIST
5
C
CRIME VICTIMS COMPENSATION INFORMATION
5
D
VOLUNTEER INFORMATION
5-6
E
ORGANIZATION/PROGRAM REVENUE
6
F
PROJECT DESCRIPTION —LEGAL SERVICE PROVIDER AGENCIES
6
F
PROJECT DESCRIPTION - ALL
6-7
G
VOCA PROGRAM INCOME
7
H
MEMORANDUM OF UNDERSTANDING and CONTRACTUAL
SERVICES
7-8
I
ATTACHMENTS TO UPLOAD
8-11
J
PERSONNEL
12-14
K
SERVICES & SUPPLIES
14-17
L
OTHER COSTS
17-21
M
PROGRAM INCOME BUDGET
21
N
MATCH
21-23
O
BUDGET SUMMARY
23
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 2 of 23
FORM A: COVER PAGE
1. Organization Certification: Please certify that the information included under the
"Organization Information" and "Organization Members" sections of E -Grants are all
complete and accurate. Please ensure that the appropriate people have access to this
application, including those who will need access to the corresponding reports.
Information on how to make any necessary changes can be found in the CVSD E -Grants
Applicant User Guide.
The Civil Rights Training Certification is required to be uploaded in Organizational Details
every two years. If you have not updated the civil rights training requirements within the
last two years, information to fulfill this requirement can be found at
http://www.doi.state.or.us/victims/pages/civil rights.aspx, You will need to complete this
requirement before signing the Grant Agreement.
If applicable, the Board Roster is complete and accurate. All organizations should check this
box to either certify Board Roster is complete and accurate OR that the statement is not
applicable to their organization.
2. Applicant Information
• Questions a, c, f, and g will automatically populate from the information entered in
"My Organization". If any of this information is incorrect, please contact CVSD staff to
have corrections made.
• Once a response is selected for i, k, and m, click "SAVE" and j, I, and n will
automatically populate.
b. Physical address of the applicant: Enter the physical address of the applicant if different
from the mailing address.
d. Additional county(ies) served: Add all counties being served by this applicant.
e. Congressional District(s) Served: Refers to Oregon's Congressional Districts 1, 2, 3, 4, or 5.
Include all that are covered by your service area. This is a federal requirement. The
Congressional District map is available next to the question.
h. SAM Expiration Date: Provide the expiration date of the SAM. A current registration in the
System for Award Management (SAM) database is required for all federal fund
recipients. The SAM database is the repository for standard information about federal
financial assistance applicants, recipients, and sub -recipients. Verify whether the applicant
agency is already registered with the SAM. Applicants must update or renew their SAM
registration at least once per year to maintain an active status. Prior to a grant agreement
being issued from this application, all programs meeting this criteria requirement must
provide proof of a current SAM. https;//"Www.sam.gov/
L Contact Person: Refers to the name of the contact person for this grant application; the
contact person is the individual who will be responsible for the day to day management and
program reporting for the grant.
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 3 of 23
k. Fiscal Contact: Refers to the name of the fiscal contact for this grant application; the fiscal
contact is the individual who will be responsible for the preparation and submission of the
financial reports for the grant based on agency fiscal records.
m. Fiscal Officer: Refers to the name of the fiscal officer for this grant application; this may or
may not be the same as the fiscal contact. The fiscal officer is the individual who has
signature authority for the agency for all financial reports submitted to CVSD for the grant.
CVSD will assume that all financial reports submitted in E -Grants have been approved by the
Fiscal Officer as a true and accurate representation of grant expenditures.
o. Website Address: Refers to the applicant agency or program's website address (if
applicable).
3. Implementing Organization or Program Type
Choose the agency type that describes the applicant agency: government, nonprofit, or
campus. Then, select the sub -category in the agency type that describes the applicant
agency. If the applicant selects Other, a written description must be included. Applicants
choosing government agency or campus organization can select only one sub -category.
Applicants selecting nonprofit organization should select all sub -categories that describe
the applicant agency.
4. Legal Services Organizations
Indicate if your organization is a Statewide Legal Services Provider.
S. Current VOCA funds recipients.
Indicate if your agency currently received VOCA funds.
6. Agency Staff
a. Indicate the total number of all paid staff for the agency's victimization program and/or
services. Count each staff member once. Do not prorate based on FTE.
b. Indicate the total number of staff hours funded through this award (plus match) Total
count of hours supporting the work of this VOCA award.
c. Indicate the total number of all volunteer staff for the agency's victimization program
and/or services. Count each volunteer staff once. Do not prorate based on FTE.
d. Indicate the total number of volunteer hours supporting the work of this Total count of
volunteer hours supporting the work of this VOCA award, not only those being used as
match.
7. VOCA Priority Category (les)
Indicate which of the VOCA priority categories your agency will serve.
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 4 of 23
FORM B. SERVICES CHECKLIST
All applicants for VOCA funds must complete the VOCA Services Checklists. The checklists
correspond with the victimizations and direct services list in the VOCA performance measures
tool (PMT).
1. Victims to be Served: Click on the type of victims to be served through these funds. If
the applicant selects Other, a written description must be included in the text box
provided. Select all that apply.
2. Services to be Provided: Services are listed in categories a, b, c, and d. Click on the types
of services to be supported with these funds. Select all that apply. Services do not have
to be checked in each category and more than one service can be checked in any
category.
FORM C. CRIME VICTIM COMPENSATION INFORMATION
All applicants must complete the Crime Victim Compensation information form. Please respond
to each required question. If a description is requested, please be as complete and concise as
possible.
FORM D: VOLUNTEER INFORMATION
All applicants must complete the Volunteer Information Form with the exception of applicants
of prosecution -based victim assistance programs housed in cities. The E -Grants application is
programmed so that applicants who selected Prosecutor — City Attorney as the Implementing
Agency Type on the Cover Page will not see this form.
Please respond to questions 1-6. If a description is requested, please be as complete and
concise as possible.
• Question 7: Criminal History Policy. Please upload the applicant agency's policy
regarding the criminal history verification. Section 5, Criminal History Verification, of the
current Grant Agreement states that the grantee shall develop a policy or procedures to
review criminal arrests or convictions of employees, applicants or volunteers. The
review will examine: (1) the severity and nature of the crime; (2) the number of criminal
offenses; (3) the time elapsed since commission of the crime; (4) the circumstances
surrounding the crime; (5) the subject individual's participation in counseling,
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 5 of 23
therapy, education or employment evidencing rehabilitation or a change in behavior;
and (6) the police or arrest report confirming the subject individual's explanation of the
crime. Please refer to the current Grant Agreement to review the entirety of this
section.
• Question 8: Volunteer Job Description or Statement of Duties. All applicants must
upload a volunteer job description or statement of duties that describes the role and
responsibilities of the volunteers participating in this grant.
• Question 9: When entering the number of volunteers that the applicant anticipates will
support the work of the grant, count each potential volunteer, regardless of the number
of hours a volunteer may contribute (that is, do not convert anticipated volunteer hours
into FTE).
FORM E: ORGANIZATION/PROGRAM REVENUE
All applicants must complete this page. Click SAVE, the Grand Total will populate in Question 6.
The information provided should represent the agency's current budget.
Upload Current Fiscal Year Agency Budget for Question 7.
FORM F: PROJECT DESCRIPTION - LEGAL SERVICE PROVIDERS
Pertains only to Legal Services Provider Organizations.
All statewide legal service agency applicants must complete the Project Description Form.
Please keep in mind the following as you complete this form:
Responding to the narrative questions is the applicant's opportunity to explain in a clear
and concise way the project and the services the applicant agency is planning to provide
specifically with these funds. Respond in as much detail as necessary to clearly describe the
project.
Questions 1-8: For all statewide legal service providers.
5. Check appropriate response regarding the tracking and reporting of listed criteria.
Question 9: For all statewide legal services agencies; please upload your proposed
statewide plan.
FORM F: PROJECT DESCRIPTION -ALL APPLICANTS
All applicants must complete the Project Description form.
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 6 of 23
Responding to the narrative questions is the applicant's opportunity to explain in a clear and
concise manner the project and the services being planned specifically with these funds.
The Project Description questions are divided into the four possible categories of funding under
this RFA. The applicant must respond only to the category(ies) for which funds are being
requested. Click Not Applicable for those categories for which you are not requesting funding.
FORM G: VOCA PROGRAM INCOME
Pertains only to Program Income. Applicants who do not request to collect Program Income
from VOCA funds will not complete this form. The E -Grants application is programmed so that
applicants will only see this form if the applicant has indicated the request on FORM A: COVER
PAGE.
Applicants interested in collecting income from VOCA grant funds should carefully review the
CVSD Program Income Policy and consider whether they will be able to fully comply with all
requirements.
All applicants must answer Question 1. The response to Question 1 will determine what
questions will need to be completed. When indicating an answer of Yes, more questions will
populate the page.
All applicants must provide a narrative response for Questions 3-4 and 4-6, if those questions
appear based on the response given in Questions 1 & 2.
3. Amount of Program Income listed here needs to match the amount of Program Income you
include on FORM M: VOCA PROGRAM INCOME BUDGET page.
5. Approval of federal program income requires a written policy statement assuring that
services will be provided to crime victims at no cost, without concern for their financial
resources of availability of a third party payor. Upload your agency's policy here.
FORM H: MEMORANDUM OF UNDERSTANDING and CONTRACTUAL
SERVICES
1. Memorandum of Understanding (MOU)
It the applicant is proposing a formal collaborative partnership then a copy of the MOU
must be uploaded in the upload field(s) provided. Check "Not Applicable" and save this form
if the applicant is not proposing to collaborate with community partners through a formal
MOU in this application.
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 7 of 23
• A fillable .pdf and Word version of an MOU is available on the form.
Upload the completed Memorandum of Understanding. If you do not yet have a signed
copy, upload an unsigned MOU. A signed copy of the MOU will be required prior to the
execution of grant award documents.
2. Subcontract
if you are proposing to subcontract any of these funds to an individual or organization:
Respond to questions 3a — d for the first subcontractor;
• Be sure to review the Minimally Recommended Elements for an Independent Contractor
Agreement document (by clicking here in question 5.e.) and include the recommended
elements in the subcontract.
• Upload the completed subcontract form in 5.e. If you do not yet have a signed copy,
upload an unsigned subcontract. A signed copy of the subcontract will be required prior
to the execution of grant award documents.
• Do you have an additional subcontract to include? The applicant will select Yes or
No if intending to add another subcontract. If not intending to enter a second
subcontract, click No, and then click SAVE. If intending to include a second subcontract,
click Yes, and a new Proposed Subcontracting section will automatically appear.
FORM I: ATTACHMENTS TO UPLOAD
All applicants are required to submit the following documents unless otherwise designated:
1. Letter of Authorization (for nonprofit organizations)
If someone other than the Chair of the Board of Directors intends to sign grant documents,
applicants must upload a signed letter of authorization to the application. A sample is
provided.
2. Certification of Non -Supplanting (public agencies only)
If applicable, upload a signed Certification of Non -Supplanting. The authorized signatory for
the applicant's agency must sign and date the form.
3. Statement of Compliance (all applicants)
Upload a statement of Compliance. The Authorized Official for the applicant's agency must
initial each of the listed Grant Agreement Exhibit documents to certify intended compliance
and sign and date the form.
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 8 of 23
An "Authorized Official" is defined as the individual legally responsible for obligating the
organization to receive federal funds and meet the terms of the federal program as
included in this application and comply with the Terms and Conditions in the CVSD Grant
Agreement. Sample CVSD grant agreement language is available at
http://www.doi.state.or.us/victims/pages/"voca.aspx. This sample grant agreement is
intended for informational use only as grant terms may be adjusted from year to year.
In many non-profit organizations, the Authorized Official is the Board Chair. If the director
of a nonprofit is authorized to sign the grant documents, a letter of authorization from the
Board of Directors or Chair of the Board is to be included in the grant application. See f=etter
of Authorization in item 1 above.
4. Indirect Cost Rates/10% De Minimis
A federal grant may be charged an indirect cost rate based on:
A. Use a current indirect cost rate already negotiated either provisional or approved by a
federal agency:
• Applicants with a federally -approved or provisional* indirect cost rate agreement may
choose to charge their indirect cost rate to the grant.
• Agencies that elect to charge indirect costs must use the same indirect cost rate for all
federal funding awards.
• Applicants can choose to charge the full amount, a reduced amount or waive their
indirect cost rate for this award.
• Agencies that currently have or have had in the past a federally approved negotiated
rate cannot use the 10% de minimis rate and must use the current negotiated rate or
contact the cognizant federal agency to request an extension of the expired negotiated
rate.
• Applicants MUST upload their current, signed indirect cost rate agreement certificate on
Farm L: Attachments to Uploads.
* If the agency has a provisional rate it may require adjusting should there be a rate
change between the provisional and the final approved rate.
B. Entities eligible to use the 10% de minimis rate of the MTDC must certify that no
unallowable expenses are included in the rate (including lobbying and fundraising) and must
keep the documentation of this decision on file. Entities include:
• Nonprofit organizations that have NEVER negotiated a federal indirect cost rate;
• State and local government departments that have NEVER negotiated indirect cost rates
with the Federal government and that receive less than $35 million in direct Federal funding
per year;
Federally recognized Indian tribes that have NEVER negotiated an indirect cost rate with
the Federal government may use the 10% de minimis rate of the modified total direct costs
(MTDC).
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 9 of 23
For federal grants, DOJ is required to honor an applicant's negotiated indirect cost rate, or
the de minimis indirect cost rate of 10% of modified total direct costs or the applicant may
choose to waive an indirect cost rate. The applicant is required to select the appropriate
box to indicate to CVSD the applicant's intent regarding the allocation of indirect costs to
these awards.
NOTE: Applicants that wish to negotiate an indirect cost rate may contact their cognizant
federal agency or follow the instructions available at
http://oip gov/fundingLAp ably/Resources/IndirectCosts.pdf. An applicant must prepare and,
if required, submit an indirect cost rate proposal no later than 90 calendar days from the
date the award is made and thereafter annually within 6 months of the end of the applicant
agency's fiscal year.
Modified Total Direct Costs (MTDC)
Modified Total Direct Costs (MTDC) means all direct salaries and wages, applicable fringe
benefits, materials and supplies, services, travel, and up to the first $25,000 of each sub -
award (regardless of the period of performance of the sub -awards under the award). MTDC
excludes equipment, capital expenditures, charges for patient care, rental costs, tuition
remission, scholarships and fellowships, participant support costs and the portion of each
sub -award (contract) in excess of $25,000.
Example: Calculating the Modified Total Direct Costs (MTDC) rate in a budget:
Example Budget:
Personnel:
$20,000
Personnel Expenses:
$4,400
Contractual Services:
$27,000
Travel:
$1,000
Office Supplies:
$400
Equipment:
$3,000
Total Direct Costs:
$55,800
Total Direct Costs:
$55,800
Less amount of a contract exceeding $25,000
$2,000
(for each contract)
Less Equipment
$3,000
Less Rental costs (if part of an organization
allocation plan)
0
MTDC
$50,800
de minimis @ 10% of the total MTDC:
$50,800 x 10%
$5,080
Total Project Amount: $55,800 total Direct
Costs + $5,080 Indirect Costs.
$60,880
S. Match Waiver
If the applicant intends to
request a match waiver, upload
a letter in this section of the
application, on your agency's
letterhead. The letter should
outline the reasons why your
agency will have trouble
meeting the full match requirement and should indicate the amount of match you are able
to provide. Your CVSD fund coordinator will review your waiver request to determine
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 10 of 23
eligibility and if it should be forwarded to the Office for Victims of Crime (OVC). CVSD will
compile all of the eligible match waiver requests and send them to OVC at one time. Be sure
to review the Match Waiver Guidance and sample letter (by clicking here in question 5.) and
include the recommended elements in a waiver request.
6. Administrative Risk Assessment. This is required as part of the CVSD Monitoring Process, a
chart describing the process can be found here. If your program has already completed this
risk assessment as part of the 2017 VOCA/CFA or the 2017 Joint Non- Competitive Grants,
you do not need to submit another one. You may upload a new assessment that reflects
newly adopted policies and procedures.
7. Financial Risk Assessment. There is a form for nonprofit programs and one for government -
based programs including Tribal Nations. This is required as part of the CVSD Monitoring
Process, a chart describing the process can be found here. If your program has already
completed this risk assessment as part of the 2017 VOCA/CFA or the 2017 Joint Non -
Competitive Grants, you do not need to submit another one. You may upload a new
assessment that reflects newly adopted policies and procedures.
8. Legal Documents (non-profit organizations only)
Applicants who are nonprofit, non-governmental organizations are required to provide information
related to the financial and non-profit position of the applicant organization.
Federal regulations require that CVSD ensure that nonprofit organizations applying for federal funds
have status as a nonprofit organization as described in section 501(c)(3) of the Internal Revenue Code
of 1986 and are exempt from taxation under section 501(a) of that Code.
a. For nonprofits only: Organization's most recent balance sheet or Statement of Financial
Position: Upload the Statement of Financial Position or balance sheet that reflects the
organization's assets and liabilities for the most current accounting period.
b. For nonprofits only: Upload the most recent submission of IRS Form 990 filed with the
I RS.
c. For nonprofits only: Indicate if your organization has Articles of Incorporation. CVSD will
verify on the Oregon Secretary of State Corporation Division website the applicant's business
entity status.
d. For nonprofits only: Upload the organization's IRS 501(c)3 Determination Letter.
e. For nonprofits only: Upload the most recent Organizational Bylaws approved by the
Board of Directors.
FORM J: PERSONNEL
General Budget instructions:
Each applicant is requested to submit a 21 -month budget. A list of allowable and unallowable
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
Page 11 of 23
services and activities is available in the VOLA Guidance on the Forms Menu of the SST
Application. Applicant allocations for each of the categories can be found in Appendix B & C of
the RFA.
Personnel Page Instructions:
Only include costs for staff providing direct client services and services that can be identified
specifically with the project (includes supervision of direct service staff and completion of
program -related records, statistics, and reports). Any staff performing general administrative
duties, duties that cannot be readily identified with the project (salaries and expenses of
executive directors, personnel administration, fiscal administration, etc.) should be included on
the Other Costs page under Administrative Costs or Indirect Costs.
Applicants completing this form should keep the following in mind:
• This is a multiple page form. A separate personnel page must be created for each grant -
funded staff. After the form is SAVED, click on the ADD button to open a new page.
• Applicants should consider any personnel salary and benefit increases when preparing
project budget requests for the project award period January 1, 2018 — September 30,
2019;
• Salary should only include actual wages; all mandatory and optional personnel expenses
should be included in the personnel expenses lines;
• Personnel expenses (mandatory payroll taxes and optional fringe benefits) may include any
of the following: FICA, workers' compensation, unemployment insurance, health insurance,
short/long term disability, retirement, etc.;
• The basis for each computation should be clearly demonstrated; and
• The information entered on each page aligns with the position name(s) and FTE(s) shown on
the Staff Roster and in the Project Description.
1. Staff Name: For each position requested list the name of the employee. If the position is
not filled, enter Vacant or To Be Hired.
2. Position Title: For each position provide the position title.
3. Salary Funded by this Grant: Enter the salary amount for the position to be funded in the
designated category or allocated between them. In the first text box provide a detailed
calculation that clearly shows how the budgeted salary for each category was determined for
January 1 -December 31, 2018 of the award. In the second text box, provide a detailed
calculation that clearly shows how the budgeted salary for each category was determined for
January 1 -September 30, 2019 of the award.
Example Year 1(January-December 2018): Salary Detail: $30,000/year x .6 FTE (Legal Services)
= $18,000 AND $30,000/year X .2 FTE (Mental Health) = $6,000. This can also be calculated
using an hourly approach: $14.4231/hour x 1248 hours (.6 Legal Services) = $18,000 AND
$14.4231/hour x 416 hours (.2 Mental Health Services) = $6,000.
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
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Example Year 2(January-September 2019): Salary Detail: $31,500/year x.6 FTE (Legal Services)
_ $18,900 AND $31,500/year X.2 FTE (Mental Health Services) _ $6,380. This can also be
calculated using an hourly approach: $15.1442/hour x 1248 hours (.6 Legal Services) _ $18,900
AND $15.1442/hour x 416 hours (.2 Mental Health Services) _ $6,380. Please note that Year
Two is 9 months, January 1, 2019 -September 30, 2019.
4. Total Salary: List the total annual salary for this position funded at a full time equivalency
(1 FTE). Even if the position is part-time, list the cost for 1 FTE. A 1 FTE position for 12 months is
calculated at 2080 hours.
Example: In this example the Year 1 salary for 1 FTE would be $30,000 ($14.4231 x 2080 =
$30,000) and the Year 2 salary for 1 FTE would be $31,500 ($16.1442 x 2080 = $31,500).
S. Personnel Expenses Funded by this Grant: Indicate the amounts your agency is requesting
for personnel expenses to be funded by this grant, either 100% in one category or allocated
between categories. In the first text box provide a detailed calculation that clearly shows how
the budgeted personnel expenses were determined for Year 1 of the award. In the second text
box provide a detailed calculation that clearly shows how the budgeted personnel expenses
were determined for Year 2 of the award. In both text boxes indicate the dollar amount and the
rate used to calculate the personnel costs of the staff position to be allocated to the project and
list the personnel costs included in the calculation (FICA, Ul, Workers' Compensation, health
insurance, retirement, etc.).
Example Year 1: $30,000 x.35 = $10,500 X.6 (Legal Services) _ $6,300 and $30,000 x.35 =
$10,500 X .2 (Mental Health) _ $2,100. Personnel expenses are calculated at 35% of the total
salary. Personnel expenses include: employer portion of FICA, workers' compensation,
unemployment, health insurance, short/long term disability, life insurance, and retirement.
Example Year 2: $31,500 x.35 = $11,025 X.6 (Legal Services) _ $6,615 AND $31,500 x.35 =
$11,025 X .2 (Mental Health) _ $2,205. Personnel expenses are calculated at 35% of the total
salary. Personnel expenses include: employer portion of FICA, workers' compensation,
unemployment, health insurance, short/long term disability, life insurance, and retirement.
6. Total Annual Personnel Expenses: Indicate the total 12 -month costs of personnel expenses
for this position funded at a full time equivalency (1 FTE). Even if the position is part-time, list
the cost for 1 FTE.
Example: In this example the Year 1 personnel expenses for 1 FTE would be $10,500 ($30,000 x
.35 = $10,500) and the Year 2 personnel expenses for 1 FTE would be $11,025 ($31,500 x.35 =
$11,025).
7. FTE Calculation: The FTE will auto -populate once the salary and benefits are entered. The
CVSD E -Grants system calculates FTE by combining both salary and personnel expenses.
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Farm Instructions
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Grantees should use the same method of calculating FTE on the Staff Roster. FTE can be
calculated using the following formula:
Grant Funded Salary + Grant Funded Personnel Expenses / Total 1 FTE Salary + Total 1 FTE
Personnel Expenses
Example:
$18,000 (VOCA Funded Salary) + $6,300 (VOCA Funded Personnel Expenses @ 35%) = $24,300
$30,000 (Total Salary) + $10,500 (Total Personnel Expenses) = $40,500
$24,300/$40,500 = .6 FTE
7. What activities will this staff member perform during their time funded by this grant?
In this section, explain and justify the need for the personnel funds requested. Specifically
describe the five (5) major direct service activities to be conducted by the grant -funded
position in this project. Ensure that the description is consistent with the Job Description.
FORM K: SERVICES & SUPPLIES
General Budget Instructions;
Each applicant is requested to submit a 21 -month budget. A list of allowable and unallowable
services and activities is available in the VOCA Guidance on the Forms Menu of the SST
Application. Applicant allocations for each of the categories can be found in Appendix B OR C of
the RFA.
Services & Supplies Page Instructions:
Applicants completing this section of the budget form should keep the following in mind:
• Expenditures in this section should support and enhance direct services and show they are
consistent with the project activities;
• The basis for each computation should be clearly demonstrated;
• Costs should be directly attributable to the project or represent a pro -rated cost based on
an agency identified allocation method;
• Expenditures must be allowable costs under the grant funds that are being requested; and
• The budget narrative should clearly explain the benefits of each grant -funded expense to
the project.
1. Contractual Services
If you are requesting funds in this line item, you are required to complete Form H:
Memorandum of Understanding and Contractual Services and upload a copy of the contract.
Indicate the amount your agency is requesting for Contractual Services to be funded in January
1- December 31, 2018 and in January 1— September 30, 2019 by this grant, either 100% in one
category or allocated between categories as appropriate.
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Do not include contracted services for accounting or other administrative services, these
costs should be included on the Other Costs page under Administrative Costs or Indirect
Costs.
In the first test box enter the Subcontractor name, if known, the service to be provided, the
compensation rate (hourly or monthly salary, hourly or daily fee, monthly fee, etc.) and the
total estimated time to deliver the service (hours, days, months based on compensation rate).
Consultant fees in excess of $650 per day or $81.25 per hour require additional justification and
prior approval.
Calculation Examples:
Subcontract for FTE: $15/hour X 1040 hours = $15,600; 100% Training
Subcontract for Mental Health Services: $50/hour X 16 hours = $800; 100% Mental Health
In the second text box list all expenses to be paid on the Subcontract in addition to any
compensation (training costs, travel costs, mileage, meals and lodging, supplies, etc.).
Calculation Example:
Subcontract for Trainer: $300 for mileage, per diem and lodging and $50 for supplies and copies
2. Travel
Indicate the amounts your agency is requesting for Travel to be funded in January 1 -
December 31, 2018 and in January 1— September 30, 2019 by Legal Services and/or Mental
Health Services.
In the text boxes for in January 1 - December 31, 2018 and in January 1—September 30, 2019
describe the purpose of the budgeted travel expenses (e.g. travel to attend meetings, travel for
outreach, staff or volunteers providing client transport, and any other travel not related to
attendance at training, etc.), show the basis of the computation (# of miles, cost per mile), and
explain how the travel costs are necessary and beneficial to the project.
Calculation Example: 1000 miles X .55/mile = $550
3. Training
Complete the Year 1 Training table and the Year 2 Training table by providing the title of the
training, the number of attendees, any registration fee, and the estimated travel, lodging and
per diem costs.
• Enter the total costs for all attendees; the column entries will not multiply by the
number of attendees entered.
• The total Cost column will auto -populate the total training costs. The total training costs
should then be charged to the appropriate column for each category.
In the January 1- December 31, 2018 and in January 1—September 30, 2019 text boxes provide
a brief description of each training, the calculations for how the training costs were
determined, and an explanation of how the training is necessary and beneficial to the project.
Out of State Travel: Out of state travel is allowable, but must be well justified and must be
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approved by DOJ CVSD during grant negotiation.
NOTE: Government per diem rates are the maximum that must be used to calculate travel costs
and are accessible by clicking on the link included on the form.
Training Table Example:
Training — National Victim Assistance Academy,
Leadership Track, Portland.
Approximate Date — 8/26/2015
Number of Attendees — 2 Registration Cost — $500.00
Travel Cost - $360.00 (include mileage, car rental, hotel
parking, gas, airline ticket, airport parking, taxi/shuttle,
etc.)
Lodging Cost - $227.70 (include lodging and related
taxes)
Meal Per Diem Cost - $198 (include any meals during
travel not included in the training)
Total Cost - $1,285.70 (auto -populated)
FOOD AND BEVERAGE FEDERAL
POLICY
No VOCA funding can be used to
purchase food and/or beverages for
any meeting, retreat, seminar,
symposium, training, or other similar
event. Some exceptions do apply. This
does not apply to providing
emergency support to survivors.
Please see the VOCA Guidelines in the
Forms Menu of the SST Application.
Training Narrative Calculation Example: Registration fees: $250 X 2 = $500. Travel costs: 600
miles round trip X .55/mile + $30 (2 days hotel parking) = $360. Lodging costs: $99/night X 2
X1.15 taxes = $227.70. Per diem costs: $66/day X 2days X 2 attendees — $66 (4 lunches
provided) = $198.
4. Office Supplies, Postal Supplies, Printing & Copying, Communication, Equipment Rental
Indicate the amounts your agency is requesting for each of the cost categories to be funded in
January 1- December 31, 2018 and in January 1— September 30, 2019 by this grant, either
100% in one category or allocated between categories as appropriate.
In the text boxes for January 1- December 31, 2018 and in January 1— September 30, 2019
describe the purpose of the budgeted expenses, show the basis of the computation, and
explain how the costs are necessary and beneficial to the project.
Calculation Examples:
Office Supplies: $50/month = $600 (describe as either a cost directly attributable to the project
or a pro -rated cost based on an agency identified allocation method)
Postal Supplies: $125 to mail 100 copies of Project product + $10/month postage = $245
(describe postage as either a cost directly attributable to the project or a pro -rated cost based
on an agency identified allocation method)
Printing & Coping: $1,000 to print 100 copies of Project product + $10/month printing = $1,120
(describe the printing as either a cost directly attributable to the project or a pro -rated cost
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form instructions
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based on an agency identified allocation method)
Communication: $70/ month cell phone + $35/month office phone/Internet = $1,260 (describe
as either a cost directly attributable to the project or a pro -rated cost based on an agency
identified allocation method)
Equipment Rental: $25/month = $288 (describe as either a cost directly attributable to the
project or a pro -rated cost based on an agency identified allocation method)
FORM L: OTHER COSTS
General Budget Instructions:
Each applicant is requested to submit a 21 -month budget. A list of allowable and unallowable
services and activities is available in the VOCA Guidance on the Forms Menu of the SST
Application. Applicant allocations for each of the categories can be found in Appendix B OR C of
the RFA.
Applicants completing this section should keep the following in mind:
• Expenditures in this section must support and enhance direct services and show they are
consistent with the project activities;
• The basis for each computation should be clearly demonstrated;
• Costs should be directly attributable to the project or represent a pro -rated cost based on
an agency identified allocation method;
• Expenditures must be allowable costs under the VOCA grant funds; and
• The budget narrative should clearly explain the benefits of each grant funded expense and
how it relates to the project.
1. Rent/Utilities
Indicate the amounts your agency is requesting for Rent to be funded in January 1- December
31, 2018 and in January 1— September 30, 2019 by this grant, either 100% in one category or
allocated between categories as appropriate.
In the text boxes for January 1 - December 31, 2018 and in January 1— September 30, 2019
describe the type of rent expense (office space, training space, storage space, etc.), show how
the cost was determined (cost per square foot, monthly rent, etc.), the basis for the
computation, and explain how the rent costs are necessary and beneficial to the project.
NOTE: Mortgage costs are not allowed by VOCA. Rent costs are not allowed if the space is
owned by the agency. If rent costs are included in the proposed budget, the applicant must
check the box to indicate that the building is not, owned by the agency.
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2. Emergency Services
Indicate the amounts your agency is requesting for Emergency Services to be funded in January
1- December 31, 2018 and in January 1— September 30, 2019 by this grant, either 100% in one
category or allocated between categories as appropriate.
In the text boxes for January 1 - December 31, 2018 and in January 1 — September 30, 2019
describe the type of Emergency Services, explain how the cost was determined, and explain
how the emergency service costs are necessary and beneficial to the project.
3. Capital Outlay
Indicate the amounts your agency is requesting for Capital Outlay to be funded in January 1 -
December 31, 2018 and in January 1— September 30, 2019 by this grant, either 100% in one
category or allocated between categories as appropriate.
In the text boxes for January 1 - December 31, 2018 and in January 1 — September 30, 2019 list
each non -expendable item to be purchased, the cost for each item, and the pro -rated portion
allocated to VOCA unless the item is being purchased exclusively for this project. Explain how
the item to be purchased is necessary for the success of the project. Capital purchases have an
acquisition cost of $5,000 or more with a useful life exceeding one year. Expendable items
should be included in Office Supplies and rented or leased items should be included in
Equipment Rental.
4. Indirect/De Minimis Costs
Refer to the Form Instructions for Form L: Attachments to Upload, for information on the
options for including indirect costs in this SST RFA. If an applicant is charging indirect costs or a
de minimis they cannot also charge Direct Administrative costs to federal awards. An applicant
may charge the indirect or de minimis costs to the federal awards, and Direct Administrative
costs to state awards.
Instructions:
The applicant will indicate either the amount of indirect cost, de minimis or leave blank if the
agency is waiving an indirect cost rate for this award.
If the applicant is charging an indirect cost rate: In the text box provide a brief narrative that
describes what costs are included in the indirect rate (the cost of operating and maintaining
facilities, equipment, and grounds; depreciation or use allowances; and administrative salaries
and supplies are examples of the types of costs that are usually treated as indirect).
Applicants requesting indirect costs should keep the following in mind:
• Applicants who intend to claim indirect costs on this award must have a prepared
indirect cost rate proposal and related documentation to support those costs.
• Applicants who intend to claim indirect costs on an award, but have a pending federally -
approved indirect cost rate agreement may choose to budget their provisional indirect
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
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cost rate. Possible issues arising from using a provisional indirect rate will be addressed
as follows:
o If the final negotiated rate is less than the rate that was used for budget estimates in
the application budget, CVSD may reduce the amount of the award or consider a
budget amendment to shift funds from indirect costs to direct costs.
o If the final negotiated indirect rate is higher than the rate that was used for budget
estimates in the application budget, CVSD will not increase the amount of the award,
but may consider a budget amendment to shift funds from direct costs to indirect
costs.
o If the applicant fails to establish a negotiated indirect cost rate agreement during the
grant period, all indirect costs will be unallowable. CVSD may reduce the amount of
the award or consider a budget amendment to shift funds from indirect costs to direct
costs.
• Applicants MUST upload on Form L: Attachments to Upload, a current, signed indirect
cost rate agreement or proposal, or, if submission of an indirect cost rate is not required,
a current Certificate of Indirect Costs.
• CVSD will only accept indirect costs rates agreements or certificates that are current at
the time the awards are announced.
• Applicants who have never received a federally -approved indirect cost rate, other than
governmental departments or agency units that receive more than $35 million in direct
federal funding and Indian tribal governments desiring reimbursement of indirect costs
(these entities must submit indirect cost rate proposals to a federal agency), may elect to
charge a de minimis rate of 10% of modified total direct costs (MTDC).
• Applicants may choose to waive or reduce the indirect cost rate charged to an award; the
Applicant must document its choice on From L: Attachments to Upload.
b. Applicants requesting a 10% de minimis indirect cost rate should keep the following in mind:
• If the applicant agency has never negotiated an indirect cost rate, and is an eligible entity,
the applicant may use the 10% de minimis indirect cost rate with no additional
documentation requirements.
If an applicant agency chooses to use the de minimis rate, it must do so consistently for all
federal awards until such time that the agency chooses to negotiate a rate with a federal
agency.
Modified Total Direct Costs (MTDC)
Modified Total Direct Costs (MTDC) means all direct salaries and wages, applicable fringe
benefits, materials and supplies, services, travel, and up to the first $25,000 of each sub -award
(regardless of the period of performance of the sub -awards under the award). MTDC excludes
equipment, capital expenditures, charges for patient care, rental costs, tuition remission,
scholarships and fellowships, participant support costs and the portion of each sub -award
(contract) in excess of $25,000.
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Example: Calculating the Modified Total Direct Costs (MTDC) rate in a budget:
Example Budget:
Personnel:
$20,000
Personnel Expenses:
$4,400
Contractual Services:
$27,000
Travel:
$1,000
Office Supplies:
$400
Equipment:
$3,000
Total Direct Costs:
$55,800
Total Direct Costs:
$55,800
Less amount of a contract
exceeding $25,000 (for each
$2,000
contract)
Less Equipment
$3,000
Less Rental costs (if part of an
organization allocation plan)
0
MTDC
$50,800
de minimis @ 10% of the total
MTDC:
$50,800 x 10%
$5,080
Total Project Amount: $55,800
total Direct Costs + $5,080
Indirect Costs.
$60,880
5. Direct Administrative Costs.
If an applicant does not have an indirect cost rate and does not want to charge 10% to all
federal awards they can choose to direct charge administrative costs at any rate up to 10% of
the MTDC. The MTDC is calculated the same as shown for the 10% de minimis.
Instructions:
Indicate the amounts your agency is requesting for Direct Administrative Costs to be funded.
In the text box provide a detailed explanation of the administrative costs, either a percentage
or direct charged, to be funded by this grant (staff FTE, fiscal services, IT services, HR services,
general liability insurance, audit costs, etc.), the method used by the organization to equitably
allocate administrative costs, and how these costs are necessary and beneficial to the project.
6. Other
Indicate any amounts your agency is requesting for Other Costs to be funded in January 1 -
December 31, 2018 and in January 1— September 30, 2019 by this grant, either 100% in one
category or allocated between categories as appropriate.
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In the text boxes for January 1 - December 31, 2018 and in January 1— September 30, 2019 list
other items by major type, the basis for the computation and how these costs are necessary
and beneficial to the project.
FORM M: VOCA PROGRAM INCOME BUDGET
Applicants completing this form will also complete FORM G: VOCA PROGRAM INCOME
For each budget line 1-16:
• Enter the amount of anticipated VOCA Program Income earned in each year: January 1 -
December 31, 2018 and January 1 -September 30, 2019.
• Describe any cost included and provide an explanation for how these costs are necessary to
the budget.
FORM N: VOCA MATCH
VOCA requires each project include a matching contribution of 25% (cash or in-kind) of the
grant funds awarded and must be derived from nonfederal sources. All funds designated as
match must be used for VOCA eligible activities and must be expended within the grant period.
Match must be provided on a project -by -project basis.
All VOCA applicants will complete the Match Form with the exception of Tribal Nations.
• Applicants, other than Tribal Nations, must provide a 25% match of the VOCA funds
requested;
• Match may be provided in cash or as an in-kind contribution;
• Match must come from a VOCA allowable activity source;
Match needs to be part of the project but does not need to align line -item by line -item
in the grant budget;
Federal funds cannot be used as match for VOCA; and
Additional valuable references include: Office of Justice Programs Financial Guide,
https://ofp.gov/financialguidelindex.htm
• and the Uniform Guidance — 2 CFR Part 200 http://www.ecfr.goy/cgi-bin/text-
idx?SID=2ebfb13012953333f32ed4cf1411e33e&node=pt2.1.200&rgn--div5%23se2.1.20
0 1205#se2.1.200 174
1. Salary
Indicate any amounts your agency is providing as match in salary or volunteer hours in January
1 - December 31, 2018 and in January 1— September 30, 2019 for this grant.
Cash: Enter the amount of any Cash Match provided in January 1 - December 31, 2018 and in
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
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January 1— September 30, 2019.
Volunteer hours: Enter the number of volunteer hours to be provided in January 1 - December
31, 2018 and in January 1— September 30, 2019.
Volunteer Hourly Rate: Enter the hourly rate that represents the monetary value of time
contributed by volunteers. The appropriate volunteer hourly rates may vary based on the type
of work performed by the volunteer. Mandated personnel costs may be included in the hourly
rate, that is, FICA, FICA Med, UI and Workers' Compensation. Hourly rates for volunteers
performing work similar to that performed by paid staff should reflect similar hourly rates. You
may use an average rate in the Match budget and then report actual rates. You may refer to
the Independent Sector's Value of Volunteer time to determine a recommended maximum
hourly rate for Oregon: www,independentsector.org/volunteer time.
Click "save" and the total amount will autofill.
In the first text box describe any salaried position(s) and volunteers, include the FTE of each
salaried position and describe how the hourly rate for any volunteers was calculated
(mandated personnel costs should be included in the hourly rate). Include an explanation of
how the salaried position(s) and/or volunteer hours are necessary and beneficial to the project.
In the second text box describe the source(s) of the match (type of state or local funds,
foundation grants, private donations, etc.).
2. Personnel Expenses for Staff
Indicate any amounts your agency is providing as match in Personnel Expenses in January 1 -
December 31, 2018 and in January 1— September 30, 2019 for this grant. Personnel Costs for
volunteers should be included in the volunteer hourly rate in #1 Salary.
In the first text box describe any percentage of personnel expenses for any position(s) included
as match.
In the second text box describe the source(s) of the match (type of state or local funds,
foundation grants, private donations of cash, services or goods, etc.).
3-13. Contractual Services, Travel, Training, Office Supplies, Postage, Printing» Copying,
Communication, Equipment Rental, Rent, Emergency Services, Capital Outlay
Indicate any amounts your agency is providing as match in any of these cost categories in
January 1- December 31, 2018 and in January 1— September 30, 2019 for this grant.
In the first text box describe any specific costs, indicate how the cash or in-kind value was determined,
and provide an explanation for how these costs are necessary and beneficial to the project.
In the second text box describe the source(s) of the match (type of state or local funds,
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
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foundation grants, private donations of cash, services, or goods, etc.).
14-15. Indirect Costs, De Minimus, and Direct Administrative costs
If the applicant's entire indirect cost rate or direct administrative costs were not charged to the
grant it could be included as match.
16. Other
Indicate any amounts your agency is providing as match in any of these cost categories in
January 1 - December 31, 2018 and in January 1— September 30, 2019 for this grant.
In the first text box describe any specific costs, indicate how the cash or in-kind value was determined,
and provide an explanation for how these costs are necessary and beneficial to the project.
In the second text box describe the source(s) of the match (type of state or local funds,
foundation grants, private donations of cash, services, or goods, etc.).
17. Click on the "save" button and the total match amounts will autofill.
The match will also autofill on the Form O: VOCA Budget Summary.
FORM O: BUDGET SUMMARY
This page summarizes the budgets from the Personnel, Services & Supplies, Other and Match
pages. Please click the "Save" button when opening this form to have it pull information from
the budget forms and calculate totals. In order to address any errors that appear on this page
you will need to go back to the appropriate budget form to make the necessary corrections.
Once the corrections have been made return to the Budget Summary and click the "Save"
button to ensure that no additional errors exist.
FY 2018-19 VOCA Support Services & Training Grant Application —E -Grants Form Instructions
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VICTIMS OF CRIME ACT
DEFINITIONS, ALLOWABLE AND UNALLOWABLE COSTS AND SERVICES
I. DEFINITIONS
1. Crime victim or victim of crime means a person who has suffered physical, sexual,
financial, or emotional harm as a result of the commission of a crime.
Victim eligibility under VOCA for direct services is not dependent on the victim's
immigration status.
Eligible victims may receive direct services regardless of the victim's participation in the
criminal justice process.
VOCA funds may be used to provide victim services to incarcerated individuals. Services
must be directly related to the victimization. The costs permitted for direct services to
incarcerated victims are the same as those permitted for such services to any crime
victim. VOCA funding may not support prison costs, such as prison guard salaries or
administrative expenses.
Direct services or services to victims of crime means those services described in 42 U.S.C.
10603(d)(2)
a. Crises intervention services;
b. Providing, in an emergency, transportation to court, short-term child care services,
and temporary housing and security measures;
c. Assistance in participating in criminal justice proceedings; and
d. Payment of all reasonable costs for a forensic medical examination of a crime victim,
to the extent that such costs are otherwise not reimbursed or paid; and efforts
that—
e. Respond to the emotional, psychological, or physical needs of crime victims;
f. Assist victims to stabilize their lives after victimization;
g. Assist victims to understand and participate in the criminal justice system; or
h. Restore a measure of security and safety for the victim.
3. Victim of child abuse means a victim of crime, where such crime involved an act or
omission considered to be child abuse under the law of the relevant SAA jurisdiction. In
addition, for purposes of this program, victims of child abuse may include, but are not
limited to, child victims of: Physical, sexual, or emotional abuse; child pornography -
related offenses; neglect; commercial sexual exploitation; bullying; and/or exposure to
violence.
4. Victim of federal crime means a victim of an offense in violation of a federal criminal
statute or regulation, including, but not limited to, offenses that occur in an area where
the federal government has jurisdiction, whether in the United States or abroad, such as
Indian reservations, national parks, federal buildings, and military installations.
II. ALLOWABLE COSTS AND SERVICES
A. ALLOWABLE DIRECT SERIVCES COSTS
Direct services for which VOCA funds may be used include, but are not limited to, the following:
1. Immediate emotional, psychological, and physical health and safety—Services that
respond to immediate needs (other than medical care, except as allowed under (1)(i) of
this section) of crime victims, including, but not limited to:
a. Crisis intervention services;
b. Accompanying victims to hospitals for medical examinations;
c. Hotline counseling;
d. Safety planning;
e. Emergency food, shelter, clothing, and transportation;
f. Short-term (up to 45 days) in-home care and supervision services for children and
adults who remain in their own homes when the offender/caregiver is removed;
g. Short-term (up to 45 days) nursing-home, adult foster care, or group -home
placement for adults for whom no other safe, short-term residence is available;
h. Window, door, or lock replacement or repair, and other repairs necessary to ensure
a victim's safety;
i. Costs of the following, on an emergency basis (it is considered an emergency when,
for example, Crime Victims' Compensation, the victim's – or in the case of a minor
child, the victim's parent's or guardian's – health insurance plan, Medicaid, or other
health care funding source is not reasonably expected to be available quickly enough
to meet the emergency needs of a victim, typically within 48 hours of the crime):
non-prescription and prescription medicine, prophylactic or other treatment to
prevent HIV/AIDS infection or other infectious disease, durable medical equipment
(such as wheel -chairs, crutches, hearing aids, eyeglasses), and other healthcare
items are allowed; and
j. Emergency legal assistance, such as for filing for restraining or protective orders, and
obtaining emergency custody orders and visitation rights. For more information on
allowable legal assistance, please consult the "Legal Assistance" subsection.
VOCA funds cannot be used for any other form of medical care, such as for the cost of a
doctor or hospital visit.
VOCA funds cannot be used to pay for any hotel damages caused by a victim who failed
to comply with a hotel regulation in a VOCA-funded room.
No funds may be paid directly to a victim.
Due to the complex nature of ensuring that gift cards are used only as intended, the use
of gift cards is unallowable. Grantees may instead elect to establish a credit or charge
procedure with a specific vendor(s) for specific items, or have a staff member
accompany victims to purchase items.
Grantees who intend to use emergency funds to meet the critical emergency financial
needs of crime victims must establish written policies that specify the types of expenses
to be covered by an emergency fund and the method of monitoring and accounting for
such funds. Emergency payments must be itemized as to the specific nature of each
emergency and the expenses paid.
If applicable, Grantees who have received approval from CVSD to earn program income,
must abide by the program income provisions included in the DOJ Grants Financial
Guide (3.4 Program Income) and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Program Income, 2 C.F.R.
§200.307).
2. Personal advocacy and emotional support—Personal advocacy and emotional support,
including, but not limited to:
a. Working with a victim to assess the impact of the crime;
b. Identification of victim's needs;
c. Case management;
d. Management of practical problems created by the victimization;
e. Identification of resources available to the victim;
f. Provision of information, referrals, advocacy, and follow-up contact for continued
services, as needed; and
g. Traditional, cultural, and/or alternative therapy/healing (e.g., art therapy, yoga).
Examples of services that could be provided under "management of practical problems
created by the victimization" include, but are not limited to:
• Parenting classes for a domestic violence victim who has not had the opportunity to
parent their child(ren) outside the constraints of an abusive environment;
• Economic empowerment for a homicide survivor who was financially dependent on
the homicide victim;
Job skills training for a victim of a DUI who experienced a traumatic brain injury
during the accident and is no longer able to complete certain tasks; and
Life skills training for a foreign -born human trafficking victim who may lack
familiarity with U.S. laws, rights, and culture.
Grantees choosing to use funds in this manner must have a clear justification for how
the services provided directly address practical problems created by the victimization. If
the service is provided in a group setting where non -victims are participating, only a
prorated portion of the cost, or only the cost associated with the victim's attendance,
can be paid with VOLA funds. Services that require a financial output from the agency
(beyond the cost of agency staff) should be limited to one year and should not exceed
$1,000 per victim. Grantees may request an exception to this limit from their Fund
Coordinator.
Prior to developing new programs, Grantees should consider whether there are already
community resources available that may effectively and efficiently address victim needs
to avoid duplication of efforts.
Mental health counseling and care—Mental health counseling and care, including, but
not limited to, out-patient therapy/counseling provided by a person who meets
professional standards to provide these services in the jurisdiction in which the care is
administered; traditional, cultural, and/or alternative therapy/healing (e.g., art therapy,
yoga); and substance -abuse treatment so long as the treatment is directly related to the
victimization. All services must be provided by licensed providers, when applicable, and
delivered according to appropriate guidelines.
Outpatient care may be provided by program staff, a subcontract, or a fee for service
arrangement. VOCA funds may be used to cover copays, partial payments, or the full
cost of outpatient mental health counseling/care, depending on the victim's needs.
VOCA funding for outpatient mental health counseling/care, including
traditional/cultural and/or alternative therapy/healing, should be limited to one year
per victim. Subgrantees may request an exception to this limit from their Fund
Coordinator.
VOCA funds may also be used for in-patient mental health treatment for up to 90 days
per victim. VOCA funds may be used to cover copays, partial payments, or the full cost
of inpatient mental health treatment depending on the victim's needs. Subgrantees may
request an exception to this limit from their Fund Coordinator.
VOCA funds may support the use of therapy/emotional support animals in shelters,
court, child abuse intervention centers, and in therapeutic settings for victims of crime.
Allowable costs include the initial cost of the animal, training, handler training,
transportation, liability insurance for the animal, necessary accessories (e.g. leash,
collar, tags, litter box), and grooming. Alternatively, subgrantees may contract with a
companion dog organization to pay a flat fee for each day that the animal is used. Costs
should be prorated among other funding sources as appropriate. Vet bills and food for
court/therapy animals may not be funded by VOCA.
VOCA funds may also be used to support housing companion animals when victims are
in shelter. Emergency food supplies for animals coming in to shelter are allowable. Flea
medicine for companion animals may be allowable, but only when the lack of flea
medicine would constitute a health or safety issue for shelter residents (e.g., when
animals are sheltered in the same building as human residents).
If applicable, Grantees who have received approval from CVSD to earn program income,
must abide by the program income provisions included in the DOJ Grants Financial
Guide (3.4 Program Income) and the Uniform Administrative Requirements, Cost
4
Principles, and Audit Requirements for Federal Awards (Program Income, 2 C.F.R.
§200.307).
Peer-support—Peer-support, including, but not limited to, activities that provide
opportunities for victims to meet other victims, share experiences, and provide self-
help, information, and emotional support.
Facilitation of participation in criminal justice and other public proceedings arising from
the crime—The provision of services and payment of costs that help victims participate
in the criminal justice system and in other public proceedings arising from the crime
(e.g., juvenile justice hearings, civil commitment proceedings), including, but not limited
to:
a. Advocacy on behalf of a victim;
b. Accompanying a victim to offices and court;
c. Transportation, meals, and lodging to allow a victim who is not a witness to
participate in a proceeding;
d. Interpreting for a non -witness victim who is deaf or hard of hearing, or with limited
English proficiency;
e. Providing child care and respite care to enable a victim who is a caregiver to attend
activities related to the proceeding;
f. Notification to victims regarding key proceeding dates (e.g., trial dates, case
disposition, incarceration, and parole hearings);
g. Assistance with Victim Impact Statements;
h. Assistance in recovering property that was retained as evidence; and
i. Assistance with restitution advocacy on behalf of crime victims.
6. Legal assistance—Legal assistance services (including, but not limited to, those provided
on an emergency basis), where reasonable and where the need for such services arises
as a direct result of the victimization. Such services include, but are not limited to:
a. Those (other than criminal defense) that help victims assert their rights as victims in
a criminal proceeding directly related to the victimization, or otherwise protect their
safety, privacy, or other interests as victims in such a proceeding;
b. Motions to vacate or expunge a conviction, or similar actions, where the jurisdiction
permits such a legal action based on a person's being a crime victim; and
c. Those actions (other than tort actions) which, in the civil context, are reasonably
necessary as a direct result of the victimization.
Examples of allowable legal assistance, provided they are reasonably necessary as a
direct result of the victimization, include:
• Civil legal assistance with divorce, child custody, and support proceedings;
• Assistance with/representation at proceedings for protective orders/restraining
orders or campus administrative protection/stay-away orders;
• Assistance with family, custody, contract, housing, and dependency matters,
particularly for victims of intimate partner violence, child abuse, sexual assault, elder
abuse, and human trafficking;
• Immigration assistance for victims of human trafficking, sexual assault, domestic
violence;
• Intervention with creditors, law enforcement (e.g., to obtain police reports), and
other entities on behalf of victims of identity theft and financial fraud; and
• Intervention with administrative agencies, schools/colleges, tribal entities, and other
circumstances where legal advice or intervention would assist in addressing the
consequences of a person's victimization.
VOCA funds may also pay court fees, filing fees, and other associated fees where
needed and appropriate.
Grantees choosing to use funds in this manner should have a clear justification for how
the services are reasonably necessary as a direct result of the victimization. Services that
require a financial output from the agency (beyond the cost of agency staff) should not
exceed $5000 per victim. Subgrantees may request an exception to this limit from their
Fund Coordinator. Due to the high cost of, and need for, legal assistance, subgrantees
are encouraged to set their own funding limits in order to best assist all victims served
by the program. Grantees should prioritize finding pro-bono or sliding scale assistance
for victims; staff time for this is an allowable cost.
VOCA rules expressly disallow the use of VOCA funds for criminal defense and tort
actions.
Forensic medical evidence collection examinations—Forensic medical evidence
collection examinations for victims to the extent that other funding sources are
insufficient. Forensic medical evidence collection examiners are encouraged to follow
relevant guidelines or protocols issued by the State or local jurisdiction. Grantees are
encouraged to provide appropriate crisis counseling and/or other types of victim
services that are offered to the victim in conjunction with the examination. Grantees are
also encouraged to use specially trained examiners such as Sexual Assault Nurse
Examiners and CAIC-based medical providers.
Grantees must be prepared to provide CVSD with documentation demonstrating that
other funding sources are insufficient.
Forensic medical evidence collection examinations are allowed for both sexual and
physical abuse cases.
VOCA funds may not pay for a medical professional's time providing witness or expert
witness testimony.
If applicable, Grantees who have received approval from CVSD to earn program income,
must abide by the program income provisions included in the DOJ Grants Financial
Guide (3.4 Program Income) and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Program Income, 2 C.F.R.
§200.307).
8. Forensic interviews—Forensic interviews, with the following parameters:
a. Results of the interview will be used not only for law enforcement and prosecution
purposes, but also for identification of needs such as social services, personal
advocacy, case management, substance abuse treatment, and mental health
services;
b. Interviews are conducted in the context of a multi -disciplinary investigation and
diagnostic team, or in a specialized setting such as a child advocacy center; and
c. The interviewer is trained to conduct forensic interviews appropriate to the
developmental age and abilities of children, or the developmental, cognitive, and
physical or communication disabilities presented by adults.
VOCA funds may be used to pay for a staff interviewer within a victim services program
or pay a subcontractor to provide interviews (must be selected though procurement
procedures that meet federal requirements). VOCA funds may not fund law
enforcement or prosecution personnel to complete interviews. Additionally, VOCA
funds may not pay for an interviewer's time providing witness or expert witness
testimony.
If applicable, Grantees who have received approval from CVSD to earn program income,
must abide by the program income provisions included in the DOJ Grants Financial
Guide (3.4 Program Income) and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Program Income, 2 C.F.R.
§200.307).
9. Transportation—Transportation of victims to receive services and to participate in
criminal justice proceedings.
VOCA funds may also be used to relocate victims to safe housing. This may include the
cost of bus tickets, taxis, gasoline costs for victims, or vehicle/gasoline costs for agency
staff to provide transportation.
No funds may be paid directly to a victim and gasoline gift cards are not allowed.
Transportation costs are also allowable for staff and volunteers to attend trainings.
Please see the "Training -Related Travel" subsection for more information.
10. Public awareness—Public awareness and education presentations (including, but not
limited to, the development of presentation materials, brochures, newspaper notices,
and public service announcements) in schools, community centers, and other public
forums that are designed to inform crime victims of specific rights and services and
provide them with (or refer them to) services and assistance.
VOCA funds cannot be used for awareness events that are conducted in conjunction
with fundraising.
11. Transitional housing—Transitional housing for victims (generally, those who have a
particular need for such housing, and who cannot safely return to their previous
housing, due to the circumstances of their victimization), including, but not limited to,
travel, rental assistance, security deposits, utilities, and other costs incidental to the
relocation to such housing, as well as voluntary support services such as childcare and
counseling.
VOCA cannot pay mortgage costs.
Grantees choosing to use funds for such housing should be prepared to provide CVSD
with a clear justification for how the transitional housing is reasonably necessary as a
direct result of the victimization.
Transitional housing may be provided through a number of housing models, including,
but not limited to, individual apartment units in the community (whether the apartment
is leased to the Grantee or the victim), one or a group of apartments within a Grantee -
owned building, or communal living similar to, but in a distinct separate space from, that
of a shelter. Regardless of the model, support services should be made available to
victims receiving transitional housing assistance focused on assisting victims to obtain
and maintain permanent housing
Transitional housing support for a victim should not exceed two years. Subgrantees may
request an exception to this limit from their Fund Coordinator. Due to the high cost and
complicated nature of transitional housing services, any Grantee proposing to fund
transitional housing services for longer than 3 months must submit a transitional
housing policy to CVSD in advance of providing such housing.
If applicable, Grantees who have received approval from CVSD to earn program income,
must abide by the program income provisions included in the DO] Grants Financial
Guide (3.4 Program Income) and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Program Income, 2 C.F.R.
§200.307).
12. Relocation—Relocation of victims (generally, where necessary for the safety and well-
being of a victim), including, but not limited to, reasonable moving expenses, security
deposits on housing, rental expenses, and utility startup costs.
VOLA funds may be used in cases where victims may need assistance to remain in their
current housing.
"Reasonable moving expenses" may include, but are not limited to, cost to prepare
personal effects and household items for transport, cost to transport personal effects
and household items, cost to rent a storage unit for up to 30 days, cost of traveling to
the new location using personal or public transportation, and cost of food or lodging
during the trip to the new location.
Grantees must get advance approval from CVSD for any relocation costs involving
international travel.
VOCA cannot pay mortgage costs.
Grantees choosing to use funds for such housing should be prepared to provide CVSD
with a clear justification for how the relocation/housing assistance is reasonably
necessary as a direct result of the victimization.
Relocation/housing assistance costs should not exceed two years per victim.
Subgrantees may request an exception to this limit from their Fund Coordinator. Due to
the potentially high cost and complicated nature of relocation/housing assistance
services, any Grantee proposing to fund relocation/housing assistance for longer than 3
months for any victim, must submit a relocation/housing assistance policy to CVSD in
advance of providing such housing.
If applicable, Grantees who have received approval from CVSD to earn program income,
must abide by the program income provisions included in the DOJ Grants Financial
Guide (3.4 Program Income) and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Prograrn Income, 2 C.F.R.
§200.307).
B. ALLOWABLE COSTS FOR ACTIVITIES SUPPORTING DIRECT SERVICES
Supporting activities for which VOCA funds may be used include, but are not limited to, the
following:
1. Coordination of activities—Coordination activities that facilitate the provision of direct
services, include, but are not limited to, State-wide coordination of victim notification
systems, crisis response teams, multi -disciplinary teams, coalitions to support and assist
victims, and other such programs, and salaries and expenses of such coordinators.
Supervision of direct service providers—Payment of salaries and expenses of supervisory
staff in a project, when the SAA determines that such staff is necessary and effectively
facilitate the provision of direct services.
Only a reasonable portion of a supervisor's time, directly associated with providing
supervision to the VOCA-funded staff included in that Grant, may be funded.
Multi -system, interagency, multi -disciplinary response to crime victim needs—Activities
that support a coordinated and comprehensive response to crime victims needs by
direct service providers, including, but not limited to, payment of salaries and expenses
of direct service staff serving on child and adult abuse multi -disciplinary investigation
and treatment teams, coordination with federal agencies to provide services to victims
of federal crimes and/or participation on Statewide or other task forces, work groups,
and committees to develop protocols, interagency, and other working agreements.
4. Contracts for professional services—Contracting for specialized professional services
(e.g., psychological/psychiatric consultation, legal services, interpreters), at a rate not to
exceed a reasonable market rate, that are not available within the organization.
Contracting may be used for medical services to provide forensic exams, forensic
interviewing, mental health services, translation/interpretation, etc.
Grantees must comply with the federal procurement standards included in the DOJ
Grants Financial Guide (3.$ Procurement under Awards of Federal Assistance) and
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (Procurement Standards 2 C.F.R. § 200.317 through 2 C.F.R. § 200.326).
Automated systems and technology—Subject to the provisions of the DOJ Grants
Financial Guide and government -wide grant rules relating to acquisition, use and
disposition of property purchased with federal funds, procuring automated systems and
technology that support delivery of direct services to victims (e.g., automated
information and referral systems, email systems that allow communications among
victim service providers, automated case -tracking and management systems,
smartphones, computer equipment, and victim notification systems), including, but not
limited to, procurement of personnel, hardware, and other items, as determined by the
State after considering—
a. Whether such procurement will enhance direct services;
b. How any acquisition will be integrated into and/or enhance the program's current
system;
c. The cost of installation;
d. The cost of training staff to use the automated systems and technology;
e. The ongoing operational costs, such as maintenance agreements, supplies; and
f. How additional costs relating to any acquisition will be supported.
Grantees must abide by the provisions for the use and disposition of property purchased
with federal funds included in the DOJ Grants Financial Guide (3.7 Property Standards)
and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards (Property Standards, 2 C.F.R. §200.310 through 2 C.F.R. §200.316).
6. Volunteer trainings—Activities in support of training volunteers on how to provide
direct services when such services will be provided primarily by volunteers.
All volunteers should complete the required volunteer training as outlined in the
Grantee's Grant Agreement. Additional training expenses for volunteers should be
limited to trainings that are relevant to services the volunteer does or will undertake.
Restorative justice—Activities in support of opportunities for crime victims to meet with
perpetrators, including, but not limited to, tribal community -led meetings and peace-
keeping activities, if such meetings are requested or voluntarily agreed to by the victim
(who may, at any point, withdraw) and have reasonably anticipated beneficial or
therapeutic value to crime victims. SAAB that plan to fund this type of service should
closely review the criteria for conducting these meetings, and are encouraged to discuss
proposals with OVC prior to awarding VOCA funds for this type of activity. At a
minimum, the following should be considered:
a. The safety and security of the victim;
b. The cost versus the benefit or therapeutic value to the victim;
c. The procedures for ensuring that participation of the victim and offenders are
voluntary and that the nature of the meeting is clear;
d. The provision of appropriate support and accompaniment for the victim;
e. Appropriate debriefing opportunities for the victim after the meeting; and
f. The credentials of the facilitators.
Restorative justice activities must be approved in advance by CVSD and will be closely
reviewed.
C. ALLOWABLE OPERATING AND ADMINISTRATIVE COSTS
Operating and administrative costs for which VOCA funds may be used by Grantees include,
but are not limited to, the following:
1. Personnel costs—Personnel costs that are directly related to providing direct services
and supporting activities, such as staff and coordinator salaries expenses (including
fringe benefits), and a prorated share of liability insurance.
Costs may also include the cost of advertising to recruit VOCA-funded personnel, state
and federal taxes (including employer paid taxes), medical coverage, 401k plans,
pension plans, and a prorated share of malpractice insurance.
2. Skills training forstaff—Training exclusively for developing the skills of direct service
providers, including paid staff and volunteers (both VOCA-funded and not), so that they
are better able to offer quality direct services, including, but not limited to, manuals,
books, videoconferencing, electronic training resources, and other materials and
resources relating to such training.
Allowable costs also include, but are not limited to, registration fees, training
certification fees, and venue and trainer fees associated with hosting a training
(excluding food and beverages).
VOCA funds may support training outside of Oregon when the training needed is not
available within the Grantee's immediate geographical area. Training outside Oregon
must be approved by CVSD in advance, unless a specific training is approved at the time
of the Grant award.
VOCA funds cannot be used to train executive directors, board members, and other
individuals who do not provide direct services. VOCA funds cannot be used for general
management and administrative training, including grant writing, fundraising, lobbying,
etc. VOCA funds cannot be used for training that addresses any aspect of investigation
of a crime, prosecution of criminal activities, or crime prevention.
The following list is intended to clarify in which circumstances VOCA funds can be used
for training. In all cases, training gaid with VOCA funds must address direct victim
services as defined in section 1.2., "direct services".
Grantees can use VOCA funds to provide direct victim services training (conducted
by staff, volunteers or a contacted trainer) to its VOCA and non -VOLA paid direct
services staff and volunteers.
Grantees may train prosecutors and law enforcement staff if employed by the
VOCA-funded agency and if the training is to develop their skills to deliver direct
victim services.
b. Grantees can use VOCA funds to send its VOCA and non-VOCA paid direct services
staff to a training conference (payment of registration fees, travel, lodging, and per
diem costs is allowed).
If an individual attends a training conference that has a mix of direct victim services
training and training topics not allowed under VOCA, the cost of the training will
need to be appropriately prorated between VOCA and other funding sources.
c. Grantees can consider using VOCA funds to send direct services volunteers to a
training conference, however, the Grantee is encouraged to consider volunteer
longevity, the number of hours the volunteer is serving, and the likelihood the
volunteer will continue to serve (payment of registration fees, travel, lodging, and
per diem costs is allowed).
d. Grantees can use VOCA funds to provide training to all VOCA and non-VOCA direct
services paid staff and volunteers of another VOCA-funded agency. The staff of the
agency providing the training does not need to be in attendance.
12
e. Grantees can use VOCA funds to provide training to community partners who
provide direct services to crime victims when any VOCA-funded agency staff is also
in attendance. No VOCA funds should be directly expended on community partners
(travel, per diem, etc.). Incidental training supplies are acceptable.
Grantees cannot use VOCA funds to provide training to community partners if the
VOCA-funded agency staff is not in attendance. The only exception is if the training is
provided within the structure of a multi -disciplinary team, such as, MDT, SART, etc.
Grantees cannot use VOCA funds to send community partners to a training conference.
If applicable, Grantees who have received approval from CVSD to earn program income,
must abide by the program income provisions included in the DOJ Grants Financial
Guide (3.4 Program Income) and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Program Income, 2 C.F.R.
§200.307).
3. Training -related travel—Training-related costs such as travel (in -State, regional, and
national), meals, lodging, and registration fees for paid direct -service staff (both VOCA-
funded and not).
Please see the "Skills Training for Staff" subsection for more information as to what staff
may attend training using VOCA funds.
Training -related travel also includes, but not limited to, mileage, parking, airfare, and
ground transportation fares.
Grantees must reimburse travel expenses based on the agency travel policy, but at rates
that do not exceed the federal per diem rates (found at www.gsa.gov/perdiem) and
must follow provisions included in the DOJ Grants Financial Guide (3.9 Allowable Costs,
Travel) and the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 C.F.R. § 200.474).
Subgrantees are expected to use the most economical means of travel when using
VOCA funds.
Organizational Expenses—Organizational expenses that are necessary and essential to
providing direct services and other allowable victim services, including, but not limited
to, the prorated costs of rent; utilities; local travel expenses for service providers; and
required minor building adaptations necessary to meet the Department of Justice
standards implementing the Americans with Disabilities Act and/or modifications that
would improve the program's ability to provide services to victims.
13
Equipment and furniture—Expenses of procuring furniture and equipment that facilitate
the delivery of direct services (e.g., mobile communication devices, telephones, braille
and TTY/TDD equipment, computers and printers, beepers, video cameras and
recorders for documenting and reviewing interviews with children, two-way mirrors,
colposcopes, digital cameras, and equipment and furniture for shelters, work spaces,
victim waiting rooms, and children's play areas), except that the VOCA grant may be
charged only the prorated share of an item that is not used exclusively for victim -related
activities.
Grantees must abide by the provisions for the use and disposition of property purchased
with federal funds included in the DOJ Grants Financial Guide (3.7 Property Standards)
and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards (Property Standards, 2 C.F.R. §200.310 through 2 C.F.R. §200.316).
6. Operating costs—Operating costs include but are not limited to—
a. Supplies;
b. Equipment use fees;
c. Property insurance (includes rental insurance for leased property);
d. Printing, photocopying, and postage;
e. Courier service;
f. Brochures that describe available services;
g. Books and other victim -related materials;
h. Computer backup files/tapes and storage;
i. Security systems;
j. Design and maintenance of Web sites and social media; and
k. Essential communication services, such as web hosts and mobile device services.
Agency (not individual or personal) membership dues in organizations which offer
necessary, timely and relevant information on victim services and issues (e.g., National
Organization for Victims' Assistance, National Center for Victims' of Crime, Crime
Victims' Assistance Network, etc.) are allowed. Memberships in no more than three (3)
eligible organizations may be paid for with VOCA funds. Membership or fees for
organizations that are not exclusively related to victim assistance or that are required
for professional licensing may not be charged to VOCA.
7. VOCA administrative time—Costs of administrative time spent performing the following:
a. Completing VOCA-required time and attendance sheets and programmatic
documentation, reports, and statistics;
b. Collecting and maintaining crime victims' records;
c. Conducting victim satisfaction surveys and needs assessments to improve victim
services delivery in the project; and
d. Funding the prorated share of audit costs.
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Needs assessments must be approved in advance by CVSD and should be focused solely
on direct victim services, or prorated as appropriate. Grantees that elect to use VOCA
funds for needs assessments will be expected to share the results with CVSD.
Indirect organizational costs. The government -wide grant requirements in 2 C.F.R. part
200 state a policy that federal awards should bear their fair share of costs, including
reasonable, allocable, and allowable direct and indirect costs. VOCA funds may be used
to support a Grantee's federally negotiated indirect cost rate or a de minimis indirect
rate of 10% of modified total direct costs (MTDC) as defined in 2 C.F.R. §200.414.
8. Leasing or purchasing vehicles—Costs of leasing or purchasing vehicles is allowed in
limited cases where the Grantee can substantiate to CVSD that the vehicle is essential
to, and the most cost effective way of, providing direct services.
Grantees must get advanced written approval from CVSD for both leasing and
purchasing of vehicles.
The costs of gas and oil and other incidental maintenance costs are allowable for leased
or purchased vehicles. See Maintenance, repair, or replacement of essential items for
other items related to leased or purchased vehicles.
Grantees must abide by the provisions of the Grant the Checklist for Vehicle Purchase
and Use which is included as Appendix A.
Maintenance, repair, or replacement of essential items—Costs of maintenance, repair,
and replacement of items that contribute to maintenance of a healthy or safe
environment for crime victims (such as a furnace in a shelter; routine maintenance,
repair costs; and automobile insurance for leased and purchased vehicles).
Grantees should consider if other sources of funding are available and whether the costs
of repairs are reasonable considering the value of the building, vehicle, etc. In general,
VOCA funds can only be used to repair or alter a building owned by the Grantee.
Grantees must contact CVSD prior to considering using VOCA funds to repair or alter a
building not owned by the Grantee.
Grantees must comply with the federal procurement standards included in the DOJ
Grants Financial Guide (3.8 Procurement under Awards of Federal Assistance) and
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (Procurement Standards 2 C.F.R. § 200.317 through 2 C.F.R. § 200.326).
10. Project evaluation—Costs of evaluations of specific projects (in order to determine their
effectiveness).
W
Any VOCA project evaluation should be approved in advance by CVSD. Grantees must
ensure that any project evaluation conducted maintains the confidentiality of victims'
personally identifying information. Grantees that elect to use VOCA funds for project
evaluation will be expected to share the results of the evaluation with CVSD.
III. UNALLOWABLE COSTS AND ACTIVITIES
Notwithstanding any other provision of this subpart, no VOCA funds may be used to fund or
support the following:
1. Lobbying—Lobbying or advocacy activities with respect to legislation or to
administrative changes to regulations or administrative policy (cf. 18 U.S.C. 1913),
whether conducted directly or indirectly.
Research and studies—Research and studies, except for project evaluation under
section II.C.10. "Project evaluation".
3. Active investigation and prosecution of criminal activities—The active investigation and
prosecution of criminal activity, except for the provision of victim assistance services
(e.g., emotional support, advocacy, and legal services as described under section ILA.,
"Allowable Direct Services and Costs") to crime victims, during such investigation and
prosecution.
Witness notification, expert witness fees or time for VOCA-funded staff to testify,
victim/witness protection costs, questioning of victims and witnesses, preparation of
testimony, and participation in grand jury are all examples of unallowable costs under
VOCA. Additionally, VOCA funds cannot pay for transportation, meals, lodging, or
interpretation services for a victim who is also a witness.
4. Fundraising—Any activities related to fundraising, except for fee-based, or similar,
program income authorized by CVSD.
This includes VOCA-funded personnel performing fundraising activities. For example,
volunteer coordinators who coordinate or organize fundraising events should not be
charging these activities to VOCA.
5. Capital expenses—Capital improvements; property losses and expenses; real estate
purchases; mortgage payments; and construction (except as specifically allowed in
section H.C. "Allowable Costs for Activities Supporting Direct Services").
Mortgage expenses, whether they are for office space, shelter, or emergency services
for victims, are unallowable.
6. Compensation for victims of crime—Reimbursement of crime victims for expenses
incurred as a result of a crime, except as otherwise allowed by other provisions
described in section ll. "Allowable Costs and Services".
16
Examples of expenses that are not allowed under VOCA include, but are not limited to,
insurance deductibles, stolen property replacement, funeral expenses, lost wages and
medical bills. VOCA funds also cannot be used to restore the financial losses suffered by
victims of fraud.
7. Medical care—Medical care, except as otherwise allowed by other provisions described
in section II. "Allowable Costs and Services".
8. Salaries and expenses of management—Salaries, benefits, fees, furniture, equipment,
and other expenses of executive directors, board members, and other administrators
(except as specifically allowed elsewhere in section Il. "Allowable Costs and Services".
9. Criminal Defense and Tort Actions—Any costs related to criminal defense and tort
actions.
10. Prison Costs—Any prison costs, such as prison guard salaries or administrative expenses.
11. Pet Food & Vet Bills—pet food or vet bills except as otherwise allowed by other
provisions described in section II.A.3. "Mental health counseling and care".
12. Costs Incurred outside the Project Period—Any costs that are incurred either before the
start of the project period or after the expiration of the project period.
13. Food and Beverages at Meetings, Conferences, and Trainings—No purchase of food
and/or beverages for any meeting, conference, training, or other event, except when:
a. Sustenance is not otherwise available (e.g., extremely remote areas);
b. The size of the event and nearby food/beverage vendors would make it impractical
to not provide meals and/or refreshments; or
c. A special presentation at a conference requires a plenary address where there is no
other time for sustenance to be obtained.
These food and beverage restrictions do not apply to:
a. Water provided at NO cost (the restriction does apply to any and all other
refreshments, regardless of the size or nature of the meeting or event); and
b. Direct payment of per diem amounts to individuals in a travel status under your
organization's travel policy.
Any exceptions to the purchase of food and/or beverages for any meeting, conference,
training, or other event due to the circumstances outlined above require prior approval
from CVSD. If an exception is approved by CVSD, the following restrictions will apply:
a. Only one refreshment break a day is allowable and grantees are strongly advised to
eliminate all refreshment breaks and breakfast;
b. The cost of a refreshment break may not exceed 11.5% of the General Services
Administration (GSA) Meals and Incidental Expenses (M&IE) rate for the locality; and
17
c. Any meal provided must stay at or below 150% of the applicable per diem rate,
including any hotel service costs. Grantees are strongly encouraged to stay at or
below 100% of the applicable per diem rate.
14. Management and Administrative Training—Management and administrative training for
executive directors, board members, and other individuals who do not provide direct
services.
15. Gift Cards—Instead of using gift cards Grantees may elect to establish a credit or charge
procedure with a specific vendor(s) for specific items, or have a staff member
accompany victims to purchase items. No funds may be paid directly to a victim.
18
Appendix A
CHECKLIST FOR VEHICLE PURCHASE and USE
REQUIREMENT
YES
NO
Agency purchased vehicle solely for reasonable anticipated needs and did not
❑
❑
add any optional equipment unnecessar for the anticipated need.
Agency utilized and retained documentation of a procurement process to
❑
❑
purchase the vehicle that at least meets the federal procurement re uirements.
Agency maintains property records that include a description of the property
and a serial number or other identifying number; identification of title holder;
the acquisition date; the cost and the percentage of any federal funds supporting
❑
❑
the purchase; the location, use, and condition of the property; and any
disposition data, including the date of disposal and sale price.
Agency will maintain liability insurance coverage at the level required by
❑
❑
Oregon law.
Agency has and adheres to vehicle maintenance policies and procedures
❑
❑
including re -tri inspection practices.
Agency has and adheres to vehicle usage policies and maintains vehicle usage
❑
❑
records.
Agency ensures that only licensed and insured drivers operate the vehicle.
❑
❑
Agency has driver policies and procedures that include, at a minimum, safe
driver training requirements, license and insurance verification policy, client
❑
❑
trans ort policies, and emergency response procedures.
Agency adheres to enforces Oregon belt and child seat laws including adult belt
law, child restraint law, booster seat law, and national best practices
❑
❑
recommendations for child restraints and rear seating for children.
Agency enforces Oregon text messaging and cell phone laws that prohibit all
drivers from texting while driving and prohibit the use of handheld cell phones
❑
❑
for all drivers with the exception of police and emer ency responders.
Agency has a policy for addressing transport needs for individuals with
❑
❑
disabilities if the vehicle does not meet ADA requirements.
Agency has a complaint policy that includes any complaints related to the
❑
❑
provision of transport services.
Agency has useful life standards and asset disposition procedures.
❑
❑
I hereby certify that the information contained in this form is true and accurate to the best of my
knowledge.
Authorized Signature:
Printed Name:
Title
Date:
19
Ashley Beatty
From:
cvsd-grants <cvsd-grants-bounces@listsmart.osl.state.or.us> on behalf of Johnson Terri
R <Terri.R.Johnson@doj.state.or.us>
Sent:
Monday, November 27, 2017 1:44 PM
To:
cvsd-grants@listsmart.osl.state.or.us
Subject:
[cvsd-grants] NON-COMPETITIVE FUNDING: VOCA SUPPORT SERVICES & TRAINING
APPLICATION RELEASED
Attachments:
VOCA Support Services & Training 2018-19 Application Instructions.PDF; VOCA Support
Services & Training 2018-19 RFA.PDF; 2017VOCA Guidance.pdf; ATT00001.txt
CVSD Grantees,
The Oregon Department of Justice (DOJ), Crime Victims' Services Division (CVSD) is releasing a Non -
Competitive Request for Application (RFA) through the Victims of Crime Act (VOCA) grant funds today,
November 27, 2017 with an application due date of December 22, 2017 at 11:59 pm. Eligible applicants are
agencies who currently have CVSD funding and whose name appears in the allocation tables in Appendices
B&C in the RFA.
The RFA Instructions to complete this application are attached to this email and will be downloadable in PDF
format from the CVSD E -Grants system at www.cvsdegrants.com and from the DOJ CVSD website at
http_; Jwww.doi.state.or.us/victims/pages/voca.a�,qx.
Applicants should note the following:
1. The funding allocation amounts for Support Services & Training Funds for all crime victims services agencies
and statewide legal services providers are located in the
Application RFA in Appendices B&C respectively.
2. Please update the agency information in the CVSD E -Grants system, as necessary, by Friday December 15,
2017.
3. Please note that the CVSD Program Income Policy is available on From G. While the Program Income Policy
is essentially in its final review stage, there may be
some final revisions. If you think your program might be earning program income, be sure to carefully read
this policy before completing the budget pages.
4. This award includes Training funds; we encourage you to consider using these funds for upcoming required
trainings (i.e. ODAA, SVAA, CVC, and ACP).
5. The CVSD website has recently been upgraded, and as a result, some links within the E -Grants system are
not functioning properly. This should be corrected in the
coming week. Contact your Fund Coordinator if you are unable to access links.
Mark your calendar:
We highly recommend that you review the RFA and all of the Application pages as soon as possible, attend
one of the teleconferences, and allow sufficient time to complete the Application before the submission date.
We are reauirine that all applicants attend one of the two scheduled teleconferences to review the
Application and ask questions.
Thursday,
Nov 30, 1:30pm htt sp Iloregondo webex.comL_ggpogVonstagelgphp?MTID=e2dcbce4de3f3e8ea9886a97b61a319'
2017-3:00pm i
Friday,
10:00- httpq.//oMgndo�.wa ebex.com/orE!gondojlonstacde/g,ph-p-,?MTID=ecl6f2c423bb4ca44ec100b5243f5ae5
Dec 8,
11:30am
2017
If there are any questions regarding this RFA release please contact your CVSD Fund Coordinator.
Sincerely,
CVSD Fund Coordinators
Marjorie Doran
Fund Coordinator I Crime Victims' Services Division
Oregon Department of Justice
503.378.5059
*****CONFIDENTIALITY NOTICE*****
This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under
applicable law. If you are not the addressee or it appears from the context or otherwise that you have received
this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and
immediately delete the message and any attachments from your system.
************************************
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
v; o Prineville District Office
� 2
3050 NE 3 d Street
Prineville, Oregon 97754
�'�acit yea
DEC 2 2 2011
In Reply Refer To:
2800 (ORP000)
CERTIFIED MAID — 7012 2920 0000 4958 0818
Return Receipt Requested
Cynthia Smidt
Deschutes County Planning Division
P.O. Box 6005
117 NW Lafayette Ave.
Bend, OR 97708-6005
Dear Ms.Smidt:
5, rioN�iui�pRrahN l,_
w,
The Bureau of Land Management (BLM) Prineville District Office provides the below
comments regarding a recreational marijuana production facility off Harper Road file number
247-17-000962-A (247 -17 -000645 -CU).
Upon recent review of the project area BLM does have concern on a number of issues regarding
this proposal. The location of this proposed production facility is very close to a BLM managed
public land boundary. BLM does not concur with the granting of a variance to the setback
requirement, the closeness of the production facility to an actively used public trail could have an
adverse impact to people recreating on public lands. BLM recommends that the applicant have a
boundary survey of the parcel conducted to ensure no unintentional future trespass onto public
lands occurs.
Second, the BLM has concerns over the use of pesticides and herbicides and chemical residue
migration onto public lands. It is requested that if chemicals are used in the operation, that
protocols are required to ensure that any chemical residue is contained and does not migrate onto
public lands.
If you have any questions on these information requests, please contact April Rabuck, Acting
Assistant Field Manager Lands and Minerals at (541) 416-6853.
Sincerely,
Dennis C. Teitzel
District Manager, Prineville District Office
August 27, 2017
To: Cynthia Smidt
Deschutes County Planning Commission
Deschutes County Code Compliance
From: Dan Noelle and Rosie Sizer
20480 Harper Road
Bend, OR 97703
Re: Application for conditional use for marijuana grow
Chris and Lucinda Baker
20420 Harper Road
Bend, OR 97703
Dear Deschutes County Planning Commission,
We are writing to you to express our opposition the issuance of a conditional use permit for a marijuana
grow to Chris and Lucinda Baker at 20420 Harper Road, Bend 97703. We are opposed to the permit for
the following reasons: effect on property values in the immediate neighborhood, deleterious effects of
a grow operation (particularly odor and crime), and the Bakers' willingness to follow the rules and the
capacity of the County to enforce the rules.
My wife and I have combined have over sixty years of law enforcement experience. We know from
direct experience with dozens of in -door marijuana grow operations that the growing of marijuana
produces a pungent and noxious odor. Our home is in direct line with the prevailing wind pattern in our
area. We are also more than aware the drug activities—to include grow operations—attract crime. The
Bakers's property borders Bureau of Land Management property, which would facilitate either burglary
or robbery of the Bakers and also the other properties in the development.
The Baker's property was one of four properties developed in the mid -19905. The other properties
(including our property) sold for over a million dollars apiece. At the time the original property was
subdivided there were covenants, conditions, and restrictions (CC&Rs) put in place. We have attached a
copy of the CC&Rs to this letter. My wife and I have lived in the neighborhood for seven years. The
Bakers have disregarded the CC&Rs for at least the last seven years by operating a horse boarding
facility and a light manufacturing facility. The light manufacturing has been in violation of the CC&Rs
and also county code. Additionally, we met with Chris Baker on August 18 to express our opposition to
his application. The sign required by code indicating there was an application for a marijuana grow
permit was removed on or before the 21-5t of August, thus concealing the application from other
neighbors or interested parties.
Given their inability to follow CC&Rs and county code during the last seven plus years, we have grave
doubts that the Bakers will follow code regarding the operation of a marijuana grow—despite their
protestations otherwise. With this in mind, we have several questions for the County:
1. What can we expect from the County should there behave complaints regarding the Baker
grow operation? Can you assure us there will be a timely, fair, and effective response?
2. Will the County inspect the Baker grow operation to ensure the it is and continues to be in
compliance with the law? On what kind of schedule?
3. What does Deschutes County do to ensure that the marijuana grown in permitted operations
goes to legal markets? Bill Williams, the US Attorney for Oregon, recently reported that the
marijuana market in Oregon are saturated and too much of the marijuana legally grown in
Oregon is illegally exported out of the state.
We are extremely interested in hearing from you about these questions. And we thank you for your
consideration of our concerns.
DAN NOELLE
ROSIE SIZER
• .Declaration of protective Covenants, Conditions,3 9 5 ,e gIG5 7
And Restrictions For The
Harper Parcels Of Partition.3 9 6 0 313
Minor Partition MP95-45 and MP95-46
THIS DOCUM M'P IS ' SErNa R$-RECoXDED TD AM THE CORRECT 1-P.00. DESI RTMONS.
Recorded December 28, 1995 in Book 395. Page 0657'DCR; 095-44605
1. Each parcel shall be used for residential purposes
only.. Single-family dwellings shall not excoed
two (2) stories in height.
2. The floor area of any site built house shall not
be less than 1200 square feet, excluding porches,
decks and garages. Mobile homes or any other kind
Of manufactured home is strictly prohibited.
3. No more than 12 months construction time shall
elapse for completion of a permanent residence.
4. Setback line $hall be at least 25 feet back from
all property lines to any structure upon the parcel.
F5. All driveways must be composed of cinders, gravel
or asphalt.
! 6. All land owners must comply with the laws and
#_ regulations of thestate of Oregon, county of Deschutes,
andany agency with jurisdiction to fire protection,
building construction, water, sanitation, and public
health.
7. No commercial, industrial, noxious, or offensive
trade ar activity shall be allowed at any time
s upon any parcel.
8. Each parcel and its improvements shall be maintained
in a clean and attractive condition, in good repair
and in such condition as not to create a fire hazard.
No property owner shall litter their property with
metal objects or other objects, thus creating a
visual disturbance and degrading the overall appearance
i
of the neighboring properties.
g
9. These restrictions may be amended or modified at
any time by the affirmative vote of three-fourths
of the current property Owners.
C ca
FM
?
Mike Constantine
L -!yip
Stats of Oregon
County of Deschutes December 28th. 1995
. o '
;�
Personally appeared the above, named Michael Constantine and ackaovledged the
2
foregoing instrument to be his voluntary act end dead.
!
••
J
:WITNESS My hand and official seal. AFTgR QgCOR}3I2iC
lPlClA spg��LYtt RETURN TO:
N p��0AEe11 P.U. BOX 292
s
_ •
$S! Z~
.
l Yl66ZZ %rrebonna. OR 97760
Notary Public for Oregon
a
Date: December 1, 2017
To: Cynthia Smidt, Associate Planner
From: Dan Noelle and Rosie Sizer
20480 Harper Rd.
Bend, OR. 97703
Re: Christopher and Lucinda Baker
20420 Harper Rd.
Dear Ms. Smidt:
Attached you will find a copy of a letter we received from the Bakers. It was mailed November 28.
Attached to it was the three page letter that was sent to you by the Bakers describing how the Bakers
would deal with the neighborhood complaints. Since you sent the finding out November 22,1 am sure
they already had the finding.
The letter has two places that I highlighted. The first is the greeting "Hell -o Neighbor". I do not believe
that was an error. The second is the third paragraph.which seems to be written not knowing their
application has been approved. The net result of the letter seems to be a "f-- you" to the neighbors.
We would ask that you include the letter in the Baker's file for future reference.
Sincerely yours,
Dan Noelle and Rosie Sizer
Hell -o Neighbor
11-26-17
We have done everything we can do to make the proposed medical cannabis grow on our property as
secure and discrete as possible.
We have enclosed the letter we wrote to the county in response to a few of the folks in the area that
don't like or maybe don't understand the nature of what we are proposing.
In addition to this we wanted you to know that if for some reason we do not get the conditional use
permit we will be taking the front 5 acres pasture and growing Hemp. This of course does not need a
conditional use permit and we will plant the first crop in 2018.
We hope we can move forward with our discrete operation instead of out in the open Hemp grow.
Thank you for your consideration
The Bakers
20420 Harper Rd
11/15/2017
To whom it may concern,
This letter is in response to the emails from a few of our neighbors regarding their concerns about our
Conditional Land Use application to Deschutes County for a legal indoor cannabis production facility.
Many of the email objections are similar to one another so we have grouped them into general
categories as follows:
• Security
• Traffic
• Exterior Lights
• Smell
• Noise
• Expansion Plans
• Water and Power
• Lot tine Setback Exception
Security -
As per OLCC regulations, no unauthorized persons will have access to the interior of the grow facility.
Workers will be required to be licensed by the State. Part of that application is a criminal background
check.
The OLCC requires a very comprehensive, very expensive, security system on a facility such as this. It
will include steel doors with metal door frame and high-quality deadbolt locks. A pass code will be
required to avoid setting off the alarm when entering the facility. Each room will have a motion detector
and at least one security camera. The system contacts local authorities if the alarm is triggered. No
cannabis product will be stored outside this secure facility.
The facility is located entirely within an existing building. Entry doors to the facility will not be visible
from outside the building. Visitors to our property will not be aware the facility exists, and children will
not be able to come in contact with the cannabis at any time.
Traffic -
We are not planning to do trimming or other processing that will require the hiring of temporary
workers and the increase in daily traffic that would entail.
Approximately once a month an unmarked van will arrive to pick up the most recent crop for transport
to a facility in Portland. This facility will do the drying, curing, trimming of the product and find a
customer for it. The cannabis will be off this property as soon as it has matured, and we have no plans to
store valuable finished product here.
Approximately once a month from November 1 through March 1 a water truck will arrive to fill the
cistern.
This operation will generate very little additional traffic. The county has already estimated the total
number of additional trips and we are prepared to pay the small additional fee.
The facility itself will contain grow lights, but none of this light will escape the facility.
We currently have one motion -activated security light on the exterior of the building in question. It is
there primarily to discourage coyotes from entering the property.
Additional exterior lighting will not be necessary. Exterior security cameras will be infrared and not
require visible light to be effective.
There should be no exterior light in addition to what we have installed currently.
Smell -
Many types of cannabis production facilities vent their air to the outside for cooling and for the
replenishment of the CO2 necessary for plant growth. While there are ways to minimize thereleased
odor from this type of facility, it takes diligence in the maintenance of the system to ensure its
effectiveness.
Our facility is of a different design that does not exchange air with the outside. The cooling is handied by
heat exchangers and the CO2 is supplemented from tanks like those used in soda fountains. The only air
that escapes from the facility does so when personnel enter or exit the main door. While some odor can
escape at this point, there will be a "foyer" or anteroom outside this main door. Inside the foyer will be
a fan with an activated charcoal filter sucking up stinky air- removing the odor and returning it directly
back to the foyer.
Since our facility is located entirely within an existing structure, very little odor will ever make it outside
and the nearest downwind residence is approximately 800 feet away.
Noise -
The only detectable outdoor noise source will be a heat pump. We have a letter from a local mechanical
engineer in our file estimating that the proposed equipment, in the proposed location will not increase
the noise level at the property line by more than the acceptable limit.
Expansion Plans -
One neighbor expressed concern that our operation would inevitably grow and problems with odor and
noise would grow with it. While that is not in our current plan we could pursue that course later. Of
course, any expansion plans would need approval by both the County and the State and any marginal
record of compliance with the law would be considered at that time.
Water and Power -
One complaint questioned whether we had the right to use water for this application and whether there
was sufficient power available. These issues have been resolved.
Lot Line Setback Exception -
There have been objections from our neighbors regarding the proposed lot line setback exception. As
we understand it, these exceptions are granted in many cases. In our case, the property is just over 300
feet wide. The facility would have to be exactly in the middle of this
from a property line. Since there are no neighbors to our North and
the space to be at least 100 feet away
approximately 800 feet away, an exception to the !ot line setback in either orest neighbor to the cast is
have no appreciable effect on any neighbors. If the setback exce tion
Plans and resubmit our a r these directions should
application. p is not granted, we will redraw our
Conclusion -
Our immediate neighbors have been fully briefed on our plans and hav
Weare hard-workin e voiced no objections.
g, honest business people and are looking forward to engaging in this new,
completely legal business venture. We have gone out of our way to plan this grow facility to minimize its
impact on the neighborhood. We will incur significant additional
as unobtrusive as possible. expense e
nse building the facility to make it
Chris Baker- 20420 Harper Rd, Bend, OR 97703
Lucinda Baker- 20420 Harper Rd, Bend, OR 97703
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 Business Meeting of December 27, 2017
DATE: December 21, 2017
FROM: Cynthia Smidt, Community Development, 541-317-3150
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2017-773, Decision Related to Marijuana
Production and Processing Facility, Evolution Concepts
RECOMMENDATION & ACTION REQUESTED:
Denial of 247-17-000172-AD/247-17-000173-SP/247-17-000180-AD (247-17-000803-A)
BACKGROUND AND POLICY IMPLICATIONS:
The applicant requested and received administrative approval of an Administrative
Determination to establish a marijuana production and processing facility in the Exclusive Farm
Use (EFU) Zone. The administrative decision issued by staff was appealed. The Board of
Commissioners held two public hearings, deliberated and verbally recommended denial,
subject
to a final written decision.
FISCAL IMPLICATIONS: None
ATTENDANCE: Cynthia Smidt, Associate Planner
REVIEWED LEGAL COUNSEL
For Recording Stamp Only
DECISION OF THE BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY
FILE NUMBERS: 247 -17 -000172 -AD, 247 -17 -000173 -SP, 247 -17 -000180 -AD (247-
17-000803-A)
APPLICANT: Evolution Concepts, LLC
915 SW Rimrock Way, Suite 201
Redmond, Oregon 97756
APPLICANT'S Ellen Grover, Karnopp Petersen, LLP
ATTORNEY: 360 SW Bond Street, Suite 400
Bend, OR 97702
PROPERTY ATP, LLC
OWNER: 21330 Young Avenue
Bend, Oregon 97701
APPELLANT: Wendie Every
1210 SW 51 It Street
Redmond, Oregon 97756
APPELLANT'S Ed Fitch, Fitch Law Group, PC
ATTORNEY: 210 SW 51h Street, Suite 2
Redmond, OR 97756
PROPOSAL: The applicant is requesting approval of Administrative Determinations
and Site Plan review to establish a marijuana production and
processing facility in the Exclusive Farm Use (EFU) Zone.
STAFF REVIEWER:
ADMINISTRATIVE
DECISION ISSUED:
APPEAL FILED
Cynthia Smidt, Associate Planner
September 22, 2017
September 29, 2017
HEARING DATES: Monday, October 30, 2017
Wednesday, November 8, 2017
RECORD CLOSED: Wednesday, December 6, 2017
SUMMARY OF DECISION:
In this decision, the County Board of Commissioners ("Board") considers the appellant's appeal
of the September 22, 2017 administrative Findings & Decision (File Nos. 247 -17 -000172 -AD, 247-
17 -000173 -SP, 247 -17 -000180 -AD, "Administrative Decision"). The Board exercised its discretion
to hear the appeal de novo.
The Board received five Memoranda on the appeal; three were from Associate Planner Cynthia
Smidt and two from Senior Transportation Planner Peter Russell. The three provided by Ms.
Smidt include one dated October 24, 2017 ("Pre -Hearing Memo") that identified and summarized
the key issues in the Notice of Appeal, the findings made by the staff on those issues in the
Administrative Decision or subsequent to it in preparation for Board deliberation, the applicable
evidence be in the record, and the arguments of the applicant and the appellants. The second
staff memo was dated November 2, 2017 detailed testimony given at the initial public hearing in
preparation for the continued public hearing. The final staff memo by Ms. Smidt was dated
December 13, 2017 provided summary of all testimony received and a key decision matrix for the
Board to utilize during deliberations. Peter Russell provided two staff memos dated November
15, 2017 and November 29, 2017 responding to the transportation related items submitted as
part of the appeal materials. The Board's Decision in this appeal will refer to and incorporate the
Administrative Decision and summary of issues in the Staff Memoranda.
On December 18, following deliberation, the Board indicated an intention to vote 2-1 to overturn the
Administrative Decision approving the land use permits to establish a recreational marijuana
production and processing facility on the subject property and directed staff to draft a final decision.
On December 27, the Board determined the proposal did not comply with the applicable review
criteria and standards of the Deschutes County Zoning Ordinance and voted 2-1 to overturn the
approval of the application.
II. APPLICABLE STANDARDS AND CRITERIA:
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16. Exclusive Farm Use Zone
Chapter 18.84. Landscape Management Combining Zone
Chapter 18.124. Site Plan Review
Chapter 18.116. Supplemental Provisions
Title 22, Deschutes County Development Procedures Ordinance
File Nos. 247 -17 -000172 -AD / 247 -17 -000173 -SP / 247 -17 -000180 -AD (247-17-000803-A)
Document No. 2017-773 Page 2 of 8
III. BASIC FINDINGS:
The Board adopts and incorporates by reference the code interpretations, findings of fact, and
conclusions of law set forth in the September 22, 2017 administrative Findings & Decision (File
247 -17 -000172 -AD, 247 -17 -000173 -SP, and 247 -17 -000180 -AD) in Section II. Basic Findings,
subsections A (Location), B (Lot of Record), C (Zoning), D (Site Description), E (Surrounding Land
Use), F (Proposal) , G (Land Use History), H (Public Agency Comments), I (Public Comments),
and J (Review Period), with the following addition:
K. PROCEDURAL HISTORY: This application was submitted on March 16, 2017 and was
deemed incomplete on April 14, 2017. The applicant submitted additional information and
the application was deemed complete and accepted for review on June 12, 2017. An
Administrative Determination and Site Plan review, which conditionally approved the
application, was issued September 22, 2017. An appeal from the appellant was timely filed
during the 12 -day appeal period on September 29, 2017.
The Board used their discretion to "call up" the appellant's appeal to be heard de novo in
the Board's Order 2017-040 dated October 4, 2017. Two public hearings were held, the
initial hearing on October 30, 2017 and the continued hearing on November 8, 2017. The
appellant was represented by Ed Fitch, Attorney at Law. The applicant, Evolution
Concepts, LLC (Jacob Jenkins) was represented by Ellen Grover, Attorney at Law. The
Board heard testimony and established an open record period of 28 days. The record
closed on December 6, 2017,
The Board conducted deliberations at their regular Business Meeting on December 18,
2017. The Board found the proposal did not comply with the applicable review criteria and
indicated an intention to vote 2-1 to overturn the Administrative Decision approving the
application. On December 27, the Board determined the proposal does not comply with
the applicable review criteria and standards of the Deschutes County Zoning Ordinance
and voted 2-1 to overturn the approval of the application.
IV. CONCLUSIONARY FINDINGS
The Board adopts and incorporates by reference the code interpretations, findings of fact, and
conclusions contained in the September 22, 2017 administrative Findings & Decision (File Nos.
247 -17 -000172 -AD, 247 -17 -000173 -SP, and 247 -17 -000180 -AD) in Section III. Conclusionary
Findings, except for the findings relating to the DCC Sections identified below. To the extent there
are conflicts between any of the findings identified above and the findings below, the findings and
conclusions below shall control.
A. DCC 18.124.060(A), Approval Criteria.
The proposed development shall relate harmoniously to the natural
environment and existing development, minimizing visual impacts and
preserving natural features including views and topographical features.
File Nos. 247 -17 -000172 -AD / 247 -17 -000173 -SP / 247 -17 -000180 -AD (247-17-000803-A)
Document No. 2017-773 Page 3 of 8
FINDING: The proposed marijuana processing, located in an existing agricultural building, is
subject to site plan review. The Board acknowledges that the purpose of the site plan review is to
"promote functional, safe, innovative and attractive site development compatible with the natural
and man-made environment" (emphasis added). Among eleven standards for approval, a site
plan includes review of whether "the proposed development shall relate harmoniously to the
natural environment and existing development" (emphasis added).
Two Board members were concerned over the impacts of the proposed development will have on
the surrounding natural and man-made environment. Specifically, the Board finds that the
application for the processing facility does not relate harmoniously to existing development in the
area. The record demonstrates that this area is adjacent to the Urban Reserve Boundary of the
City of Redmond. It is an area that one could reasonably anticipate, in the future, to be included
within the urban area as residential neighborhoods. The properties around this facility are
generally small, rural residential acreages. None of these small agricultural operations, nor the
existing residential development to the east of the subject property, has any similar physical
characteristics to the site plan submitted by the applicant for a processing facility. For example,
the surrounding developments do not have significant HVAC systems to the same extent as the
proposed facility, nor do they generate the same significant traffic. The cumulative effect of this
site plan in terms of traffic, access to Highway 126, and the characteristics of the building,
differentiate it from other facilities nearby. Collectively these attributes lead the Board to find that
this processing facility will not relate harmoniously to the existing development in the area.
B. DCC 18.16.025(1)(2):
A processing facility or establishment must comply with all applicable siting
standards but the standards shall not be applied in a manner that prohibits
the siting of the processing facility.
FINDING: The Board finds that the processing facility, as proposed cannot comply with all
applicable siting standards identified in this decision and that these applicable standards have not
been be applied in a manner that prohibits the siting of the processing facility. DCC
18.16.025(1)(2) prohibits the erroneous application of a siting standards in a particular case, but
does not otherwise exempt or vary the applicability of siting standards generally. Numerous
provisions within DCC Chapter 18.124 clearly contemplate that approval of a site plan is
conditioned on meeting specified criteria.
Citing ORS 215.283(1)(r) and case law, the Applicant's Response to Opponents' Supplement to
the Record submitted on December 6, 2017, argues that "[b]ecause marijuana processing is a
`subsection 1' use that is permitted outright in exclusive farm use zones, the standards cannot
apply to the facility 'in a manner that prohibits siting of the processing facility." Rather than arguing
that the application of the siting standards are somehow erroneous is this case, it instead appears
that the applicant is arguing that not all of the siting standards codified in the DCC Chapter 18.124
as elsewhere necessarily apply. By including such an argument challenging the siting standards'
File Nos. 247 -17 -000172 -AD / 247 -17 -000173 -SP / 247 -17 -000180 -AD (247-17-000803-A)
Document No. 2017-773 Page 4 of 8
applicability, it also appears that the applicant is arguably conceding that the processing facility
does not meet all such siting standards.
The Board finds, however, that all siting standards codified in DCC 18.124 and elsewhere apply
to this proposed processing facility, and that there is no evidence in the record indicating that
those siting standards have been erroneously applied. Further, ORS 475B.340 specifically
authorizes the County to adopt "reasonable regulations" that include "reasonable conditions on
the manner in which a marijuana processor ... may process marijuana." Thereby, ORS 475B.340
adds an additional statutory layer to existing statutes and case law governing "subsection 1" uses
in exclusive farm use zones.
Elsewhere in the Applicant's Response to Opponents' Supplement to the Record, the applicant
argues that pursuant to applicable state law and Deschutes County Code provisions, the County
is obligated "to allow marijuana processing in exclusive farm use zones if subject facilities can
comply with siting standards." The Board agrees with the aforementioned statement, and likewise
agrees with the implied contrapositive of that statement — "if a subject marijuana processing facility
cannot comply with siting standards, the County is not obligated to allow that facility in an
exclusive farm use zone."
C. DCC 18.116.330(B)(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:
L 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
ii. Utilize an alternative method or technology to achieve
equal to or greater odor mitigation than provided by (i)
above.
File Nos. 247 -17 -000172 -AD / 247 -17 -000173 -SP / 247 -17 -000180 -AD (247-17-000803-A)
Document No. 2017-773 Page 5 of 8
e. The system shall be maintained in working order and shall be
in use.
FINDING: The record contains two letters from Mechanical Engineer Jay Castino addressing the
mitigation of odor for the property. The initial letter submitted with the application (dated May 8,
2017) and a revised letter (dated November 14, 2017). Although one Board member found the
applicant could meet the criteria with an ongoing condition of approval, two Board members
disagreed and found that the applicant did not provide enough specificity regarding odor control
measures. The two commissioners found that the information submitted by the applicant does
not demonstrate an ongoing capability to insure odor emissions will not unreasonably interfere
with neighbors' use and enjoyment of their property.
D. DCC 18.116.330(6)(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) 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 record contains two letters from Mechanical Engineer Jay Castino addressing the
proposed heating, cooling and venting system for the proposed use. One Board member found
the applicant could meet the criteria with an ongoing condition of approval. However, two Board
members disagreed. The two Board members expressed a desire for additional details specific
to the proposal and the property, especially concerning controlling sustained mechanical noise
from the heating and ventilation equipment. Between the time of the original application and the
final submittal by the applicant, the engineering letter regarding noise went through a number of
iterations. None of those iterations, however, included any site-specific information. Thereby,
the information provided by the applicant for noise control was insufficient. Likewise, the
appellants provided contrary information regarding the noise level from this operation at the
adjoining property line. The Board finds that the applicant has not met its burden of demonstrating
in a site-specific manner that sustained noise will not become a problem for this operation, relative
to adjoining properties.
E. DCC 18.116.330(B)(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
File Nos. 247 -17 -000172 -AD / 247 -17 -000173 -SP / 247 -17 -000180 -AD (247-17-000803-A)
Document No. 2017-773 Page 6 of 8
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 record contains materials demonstrating the property will be served by Central
Oregon Irrigation District during the irrigation season (April 1 through October 31). In addition,
the applicant proposes using a water hauling company, ABC Lightning, LLC, during the off-season
(November 1 through March 31). The applicant documented the approximate amount of water to
be used during the off-season and indicated an explanation of how the water supply will be used.
In the Opponent's Final Submittal and Argument dated November 29, 2017, the appellants noted
that OAR 690-300-0010(29) defines "municipal water use" in part as "the delivery and use of water
through the water services systems of a municipal corporation for all water uses, usual and
ordinary to such systems." Thereby, the appellants essentially argue that even if obtaining water
from a municipal source, once ABC Lightning, LLC hauls that water to the subject property it no
longer meets the aforementioned "municipal water use" definition because the water is not being
delivered through a water services system.
The Applicant's Response to Opponents' Supplement to the Record submitted on December 6,
2017, appears to respond to that argument by clarifying that that applicant's "proposed water uses
constitute authorized quasi -municipal uses." The applicant further quotes a portion of the "quasi-
municipal water use" definition found in OAR 690-300-0010(40). However, the applicant neglects
to quote the same verbiage in the "quasi -municipal water use" definition that the appellants noted
in the "municipal water use" definition, notably that both "quasi -municipal water use" and
"municipal water use" are defined with regard to the "delivery and use of water through [a] water
service system."
The Board is unaware of any conclusive guidance in state statutes and regulations regarding the
legality of hauling municipal or quasi -municipal water to a property for marijuana production and/or
processing. The Board finds that the appropriate inquiry is instead entirely focused on DCC
18.116.330(B)(13)(b) and whether or not a water hauling company falls within the term "public or
private water provider." In a recent land use decision issued on November 29, 2017, this Board
determined that the applicant in that case satisfied DCC 18.116.330(B)(13)(b) by providing
materials demonstrating that the property would be served by a water hauling company. Thereby,
this Board in the past determined that a water hauling company is a "public or private water
provider" at least for purposes of DCC 18.116.330(B)(13)(b). In the present case, this Board is
not deviating from its past decision.
F. DCC 18.124.060(K), Approval Criteria.
Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight
distance, turn and acceleration/deceleration lanes, right-of-
way, roadway surfacing and widening, and bicycle and
pedestrian connections, shall be identified.
File Nos. 247 -17 -000172 -AD / 247 -17 -000173 -SP / 247 -17 -000180 -AD (247-17-000803-A)
Document No. 2017-773 Page 7 of 8
2. Mitigation for transportation -related impacts shall be required.
3. Mitigation shall meet applicable County standards in DCC
17.16 and DCC 17.48, applicable Oregon Department of
Transportation (ODOT) mobility and access standards, and
applicable American Association of State Highway and
Transportation Officials (AASHTO) standards.
FINDING: In deliberations, the Board discussed with staff the traffic report performed by Joe
Bessman of Transight Consulting, LLC (September 18, 2017) and subsequent comments
(November 15, 2017). In addition, the Board discussed the two staff memos provided by Peter
Russell and ODOT's determination that a "change of use" for the access to the roadway is not
required by state law. Staff provided clarification regarding the issues around traffic and
transportation access. The Board acknowledged these findings but did not provide judgement
specific to DCC 18.124.060(K).
V. DECISION
Based on the findings of fact and conclusions of law set out above, the Board hereby denies the
applicant's proposed marijuana production and processing application and reverses on appeal
the September 22, 2017 administrative Findings & Decision (files 247 -17 -000172 -AD, 247 -17-
000173 -SP, and 247 -17 -000180 -AD), which approved the application.
Dated this day of December, 2017 Mailed this day of December, 2017
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY
Tammy Baney, Chair
Anthony DeBone, Vice h 'r
Philip G. H derson, ommissioner
THIS DECISION BECOMES FINAL WHEN SIGNED. PARTIES MAY APPEAL THIS DECISION
TO THE LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE ON WHICH THIS
DECISION IS FINAL.
File Nos. 247 -17 -000172 -AD / 247 -17 -000173 -SP / 247 -17 -000180 -AD (247-17-000803-A)
Document No. 2017-773 Page 8 of 8
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 Business Meeting of December 27, 2017
DATE: December 22, 2017
FROM: Cynthia Smidt, Community Development, 541-317-3150
TITLE OF AGENDA ITEM:
PUBLIC HEARING: Harper Road Marijuana Production Appeal
RECOMMENDATION & ACTION REQUESTED:
Hold a de novo public hearing and make a decision based on the existing record and written
and oral testimony.
BACKGROUND AND POLICY IMPLICATIONS:
Before the Board of County Commissioners ("Board") is an appeal filed by Nunzie Gould in
response to the administrative decision approving a marijuana production facility in the Multiple
Use Agricultural Zone and proposed by Christopher Baker. The Board called up the matter for
their review on November 29, 2017 via Order No. 2017-050. Based on the Order adopted by
the Board, the appeal will be heard de novo.
See attached staff memo for further background information.
FISCAL IMPLICATIONS: None
ATTENDANCE: Cynthia Smidt, Associate Planner
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6405 117 NW Lafayette Avenue Bend, Oregon 97708-6005
Phone: (541) 388-6575 Fax: (541) 385-1764
http://wGwv.deschutes.org/cd
STAFF REPORT
TO: Board of County Commissioners
FROM: Cynthia Smidt, Associate Planner
DATE: December 21, 2017
HEARING: December 27, 2017
RE: Public Hearing on an appeal of a Conditional Use permit for Marijuana Production
File No. 247-17-000962-A (247 -17 -000645 -CU)
PURPOSE
The Deschutes Board of County Commissioners ("Board") will hold a public hearing to consider
an appeal, filed by appellant Annunziata "Nunzie" Gould, in response to an administrative decision
approving a marijuana production facility proposed by Christopher Baker. The subject property
is located at 20420 Harper Road and zoned Multiple Use Agricultural (Attachment A). The
appellant's appeal identifies several concerns regarding overall neighborhood livability in the area.
The Board called up the matter for their review on November 29, 2017.'
This memorandum supplements the Findings and Decision for the above -referenced land use
application (Attachment B). It summarizes the concerns raised in the Notice of Appeal
(Attachment C).
II. APPELLANT'S OBJECTIONS
The appellant states the following reasons for the appeal:
1. This marijuana operation appears to be in violation of prior conditions issued
from the partition of this property in prior years. Those conditions prohibited any
commercial use on the property.
2. The code does require the applicant to provide a permit from the Water
Resources Department authorizing the use of water for this purpose. The only
applicable permit for this property does not authorize this use. Further, the applicant
does not appear to be in conformance with the existing permit as the properties
identified for irrigation have been built over in the past and the well on the property has
1 The Board called up the matter via Order No. 2017-050.
Quality Services Perftwined with Pride
not been metered. It would appear that a number of the water rights associated with
this property have been lost over time because of a lack of use. Further, the use of
municipal water by the applicant between November 1 and February 28, does appear
to be inconsistent with the allowable uses for municipal water under the Oregon
Administrative Rules.
3. This application is inconsistent with the Deschutes County Code specifically,
Section 18.116.330 Subsection 20(b ). That prohibits any commercial activities in
conjunction with a farm use carried on in conjunction with the marijuana crop. This
prohibition is pertinent to the MVA 10 Zone. There is an existing commercial activity
on the property, part of which is used in the same building as the proposed marijuana
production operation. The combined uses here are in violation of Section 18.116.330
Subsection 20(b).
4. The Decision fails to account for the conditions compliant with the
requirements of the Bend Fire Department regarding an "all access road" and other
conditions for the interior of the building.
5. The conditions fail to identify the proposed operation and to limit the approval
to the proposed use to -wit., use of a portion of the building for a mature plant canopy
site of 560 sq. ft. and a total use of the building for marijuana purposes or limited to
1,360 sq. ft.
6. The Decision fails to identify the sole access of the property rather than a
primary access.
7. The Decision is deficient in allowing an exception to the setback provision
for marijuana facilities particularly the setback vis-a-vis public access lands which lie
within 60 ft. of the proposed mar#uana facility.
The appellant submitted a supplemental memorandum on December 20, 2017 that expands on
these issues (Attachment D).
The comments submitted to the record are included (Attachment E). As summarized in the
Findings and Decision (page 6), opponents raised the following concerns:
• Water and power usage
• Odor, noise, and lighting
• Safety (crime)
• Traffic impacts
• Property values
• Setback Exception and Expansion plans
• Cline Buttes Recreation Area/Maston Trail Use Area proximity
• Covenants, Conditions, and Restrictions (CC&Rs) for the property
The administrative decision did not address the above noted concerns in a point -by -point manner.
Instead, staff addressed those issues (e.g. odor, noise, lighting, safety, and traffic) that were
relevant or applicable to the proposal.
File No.: 247-17-000962-A Page 2 of 3
III. NEXT STEPS
At the conclusion of the hearing, the Board can choose one of the following options:
1. Continue the hearing to a date certain.
2. Close the hearing and begin deliberation.
The 150th day on which the County must take final action on this application is January 28,
2017.
Attachments
A. Vicinity Map and Applicant's Plot Plans
B. Administrative Decision for 247 -17 -000645 -CU
C. Appeal Application for 247-17-000962-A
D. Appellant's Memorandum dated 12/20/17
E. Public Comments from 247 -17 -000645 -CU
F. Staff Hearing PowerPoint
File No.: 247-17-000962-A Page 3 of 3
Staff Memorandum
Attachment A
Vicinity Map and Applicant's Plot Plans
Deschutes County File 247 -17 -000645 -CU
20420 Harper Road, Bend
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Administrative Decision for 247 -17 -000645 -CU
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FILE NUMBER:
APPLICANT/OWNER:
REQUEST:
STAFF CONTACT:
Community Development Department
Punning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6405
(541) 388-6575 Fax (541) 385-1764
http://www.deschutes.org/cd
FINDINGS AND DECISION
247 -17 -000645 -CU
Christopher Baker
64682 Cook Avenue #130
Bend, Oregon 97703
The applicant is requesting a Conditional Use permit to establish a
marijuana production (grow) facility on a 9.73 -acre parcel in the
Multiple Use Agricultural Zone
Cynthia Smidt, Associate Planner
APPLICABLE CRITERIA:
Title 18, Deschutes County Zoning Ordinance
Chapter 18.32. Multiple Use Agricultural Zone
Chapter 18.80. Airport Safety Combining Zone
Chapter 18.116. Supplemental Provisions
Chapter 18.128. Conditional Uses
Title 22, Deschutes County Development Procedures Ordinance
BASIC FINDINGS:
A. LOCATION: The subject property has an assigned address of 20420 Harper Road, Bend. The
property is also identified on Deschutes County Assessor's Map No. 16-12-9, as Tax Lot 503.
B. LOT OF RECORD: Deschutes County recognizes the subject property as a legal lot of
record because it is Parcel 1 of Partition Plat PP 1995-60.
C. ZONING: The subject property is zoned Multiple Use Agricultural (MUA-10). The property
is also within the Airport Safety (AS) Combining Zone. The subject property is designated
rural residential exception area on the Deschutes County Comprehensive Plan.
D. SITE DESCRIPTION: The subject property is approximately 9.73 acres and rectangular.
The site with relatively level topography is vegetated with pasture grasses, native and
introduced trees and other landscaping. Harper Road abuts the property along its southern
Quality Services Perfarrued with Pride
boundary'. The primary access to the site is taken from Harper Road. The property is
currently developed with a single-family dwelling and several accessory structures, including
an agricultural building, approximately 7,763 square feet in size (this structure was reviewed
through agricultural/equine permit AG0774).2 According to the Flood Insurance Rate Map
for Deschutes County and the National Wetlands Inventory, respectively, the subject property
is not located in the 100 -year flood plain and does not contain wetlands.
E. SURROUNDING LAND USES: The area surrounding the subject property consists of
developed and vacant rural residential properties, farm -zoned parcels, and public lands.
Directly east of the property are residentially zoned properties. Farm -zoned parcels surround
the property to the south, west, and further to the east. Large parcels of public lands,
managed by the U.S. Bureau of Land Management, border the property to the north and at
the southeast corner. Zoning in the area is a mixture of Multiple Use Agricultural and
Exclusive Farm Use.
F. PROPOSAL: The applicant is requesting approval of a Conditional Use permit to establish
an indoor marijuana production (grow) facility on the subject property3. The proposal consists
of a maximum mature plant canopy size of 576 square feet within an existing accessory
(agricultural) structure. The applicant proposes to use approximately 1,360 square feet'
within an existing agricultural building, which will include a maximum mature plant canopy
size of 576 square feet. The existing agricultural structure intended for the proposed use is
adjacent to the northern property boundary.
G. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies
and received the following comments:
1. Bend Fire and Rescue: Comments were submitted by Jeff Bond, Deputy Fire Marshal,
on August 31, 2017. Mr. Bond's comments are below.
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.
1 Near the southwestern corner of the property, Harper Road intersects with White Rock Loop, which travels
west and south from this intersection.
2 The submitted site plan illustrates a "Bunk House" just north of the "Main House." In addition, the submitted
floor plan illustrates the agricultural building includes a "Dance Hall." This decision does not review or verify
the legal status of either the bunk house or dance hall (as a permitted use within an agricultural/equine
building).
3 The original proposal included using a portion of the existing structure and enclosing an overhang area on
the north side of the structure. The applicant revised this plan by moving everything inside the existing structure
and deleting the proposal to enclose the overhang area.
4 Staff performed a rough calculation of the proposed facility as illustrated on the revised site plan and floor
plan and which included rooms intended for all stages of growth (e.g. flowering and drying) and storing and
staging of materials.
247 -17 -000645 -CU, Baker Page 2
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.
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 Ib. 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 -000645 -CU, Baker Page 3
• 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.
2. Central Electric Cooperative (CEC): The following comments were received on August
22, 2017:
CEC requests the applicant apply for a new electrical service by calling 541-548-
2144 and provide electrical load and demand requirements for this activity. CEC
will determine if capacity is available
STAFF COMMENT: The applicant provided a letter by Robert Fowler, Engineering Service
Representative with CEC, dated July 28, 2017 stating that CEC reviewed the proposed
marijuana production facility and "is willing and able to serve this location"
3. Deschutes County Building Safety Division: Randy Scheid, Building Safety Director,
submitted comments on August 16, 2017. Mr. Scheid's comments are below:
247 -17 -000645 -CU, Baker Page 4
The Deschutes County Building Safety Division code required Access, Egress,
Setbacks, 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.
4. Deschutes County Road Department: Cody Smith, County Engineer, received the
following comments on August 18, 2017:
I have reviewed the application materials for the above -referenced file number,
requesting a conditional use permit to establish a recreational marijuana
production facility at 20420 Harper Rd. The subject property has an existing
driveway access to Harper Road that was approved for farm use under Permit
#S W3528. A new driveway access permit is not required.
STAFF COMMENT: In an August 17 email correspondence, Mr. Smith confirmed that Harper
Road is a County maintained road in front of the subject property. Mr. Smith also states,
"Harper Road is a County - maintained road from the intersection of White Rock Loop to
approximately 0.74 mile east of that intersection.
5. Deschutes County Transportation Planner: Peter Russell, Senior Transportation Planner
submitted the following comments, on August 18, 2017:
I have reviewed the transmittal materials for 247 -17 -000645 -CU for a marijuana
production (growing) operation in the Multiple Use Agricultural (MUA-10) and
Airport Safety (AS) zones at 20420 Harper Road, aka 16-12-09, Tax Lot 503.
Deschutes County Code (DCC) at 18.116.330(B)(8) only requires proof of legal
direct access to the property or access from a private easement, the traffic study
requirements of DCC 18.116.310 are not applicable for a marijuana production
application. Thus no traffic study can be required.
The building lies approximately 35,650 feet to west-southwest of the Redmond
Airport. The existing buildings do not penetrate any imaginary surface related to
the Redmond Airport.
Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip.
The County uses the most recent edition of the Institute of Traffic Engineers (ITE)
trip generation manual to assess SDCs. The ITE manual 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. The ITE indicates Warehouse generates 0.32 p.m. peak hour trips
per 1,000 square feet. The applicant is enclosing a portion of an existing building
for the production and support of cannabis. Based on the supplied materials, staff
arrived at 1,236 square feet will be used (12'X (24'+ 4'+ 24) and 18'X34). The
County's SDC is based on the building's total square footage related to cannabis
production and support and not the square footage of the mature canopy. The
1,236 square feet will produce 0.40 p.m. peak hour trips (1.236 X 0.32). The
resulting SDC is $1,575 (0.40 X $3,937). 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.
247 -17 -000645 -CU, Baker Page 5
6. Tumalo Irrigation District: The following comments and a map were submitted on August
15, 2017:
There are no irrigation water rights on Parce1#1612090000503.
7. The following agencies did not respond or had no comments: Deschutes County
Assessor, Deschutes County Environmental Soils Division, Deschutes County Property
Address Coordinator, Oregon Department of Aviation, Oregon Liquor Control
Commission, Pacific Power, and Watermaster — District 11.
H. PUBLIC COMMENTS: The Planning Division sent notice of this proposal to all property
owners within 250 feet of the subject property. One comment was submitted in favor by Matt
Cyrus of the Deschutes County Farm Bureau. Six comments were submitted in opposition
of the proposal that included the following concerns:
• Water and power usage
• Odor, noise, and lighting
• Safety (crime)
• Traffic impacts
• Property values
• Setback Exception and Expansion plans
• Cline Buttes Recreation Area/Maston Trail Use Area proximity
• Covenants, Conditions, and Restrictions (CC&Rs) for the property
The applicant provided a response to these concerns on November 15, 2017, which is
incorporated in the record by reference.
I. NOTICE REQUIREMENT: The applicant complied with the posted notice requirements of
Section 22.24.030(8) of Deschutes County Code (DCC) Title 22. The applicant submitted a
Land Use Action Sign Affidavit, dated August 9, 2017, indicating the applicant posted notice
of the land use action on August 9, 2017.
J. REVIEW PERIOD: The application was submitted to the Planning Division on August 1,
2017. The Planning Division deemed the application complete and accepted it for review on
August 31, 2017. The 150th day on which the County must take final action on this application
is January 28, 2017.
111. FINDINGS AND CONCLUSIONS:
Title 18, Deschutes County Zoning Ordinance.
A. CHAPTER 18.32. MULTIPLE USE AGRICULTURAL ZONE
1. Section 18.32.030. Conditional Uses Permitted.
The following uses may be allowed subject to DCC 18.128:
JJ. Marijuana production subject to the provisions of DCC 18.116.330.
FINDING: The applicant is proposing marijuana production on the subject property.
Compliance with the provisions of DCC 18.116.330 and 18.128.015 is addressed later in
the decision.
247 -17 -000645 -CU, Baker Page 6
2. Section 18.32.040. Dimensional Standards.
In an MUA Zone, the following dimensional standards shall apply.
D. Building height. No building or structure shall be erected or enlarged to exceed
30 feet in height, except as allowed by DCC 18.120.040.
FINDING: The marijuana production facility will be established in an existing agricultural
structure that has an approximate height of 23 feet. The structure was reviewed through
agricultural (equine) permit AG0774. There are no new structures proposed. Therefore,
this criterion is not applicable.
3. Section 18.32.050. Yards.
A. The front yard setback from the property line shall be a minimum of 20 feet for
property fronting on a local street right of way, 30 feet from a property line
fronting on a collector right of way, and 80 feet from an arterial right of way
unless other provisions for combining accesses are provided and approved by
the County.
B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before
November 1, 1979, which are one-half acre or less in size, the side yard setback
may be reduced to a minimum of 10 feet For parcels or lots adjacent to property
receiving special assessment for farm use, the adjacent side yard for a dwelling
shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards
adjacent to property receiving special assessment for farm use, the rear yards
for a dwelling shall be a minimum of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements
in DCC 18.116.180.
E. 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.
FINDING: As indicated previously, the marijuana production facility will be established in
an existing agricultural structure. These criteria were reviewed with agricultural permit
AG0774. According to County records, the existing structure has a front (south) yard
setback from Harper Road of approximately 1,158 feet. Side yard setbacks from the west
and east property boundaries are 110 feet and 36 feet, respectively. The rear (north)
yard setback is approximately 66 feet. These criteria are satisfied.
B. CHAPTER 18.80. AIRPORT SAFETY COMBINING ZONE
1. Section 18.80.020. Application of Provisions.
The provisions of DCC 18.80.020 shall only apply to unincorporated areas located
under airport imaginary surfaces and zones, including approach surfaces,
transitional surfaces, horizontal surfaces, conical surfaces and runway protection
zones. While DCC 18.80 identities dimensions for the entire imaginary surface and
zone, parts of the surfaces and/or zones do not apply within the Redmond, Bend
247 -17 -000645 -CU, Baker Page 7
or Sisters Urban Growth Boundaries. The Redmond Airport is owned and operated
by the City of Redmond, and located wholly within the Redmond City Limits.
Imaginary surface dimensions vary for each airport covered by DCC 18.80.020.
Based on the classification of each individual airport, only those portions (of the
AS Zone) that overlay existing County zones are relevant.
Public use airports covered by DCC 18.80.020 include Redmond Municipal, Bend
Municipal, Sunriver and Sisters Eagle Air. Although it is a public -use airport, due
to its size and other factors, the County treats land uses surrounding the Sisters
Eagle Air Airport based on the ORS 836.608 requirements for private -use airports.
The Oregon Department of Aviation is still studying what land use requirements
will ultimately be applied to Sisters. However, contrary to the requirements of ORS
836.608, as will all public -use airports, federal law requires that the FAA Part 77
surfaces must be applied. The private -use airports covered by DCC 18.80.020
include Cline Falls Airpark and Juniper Airpark.
FINDING: The subject property lies within one imaginary surface for the Redmond
Municipal Airport. The proposal does not include establishing a new structure. The
applicant is proposing to use an existing agricultural building. The structure is located in
the northern region of the property. This area of the property is located below the
Approach Surface. Therefore, the provisions of this chapter apply to the proposal.
2. Section 18.80.028. Height Limitations.
All uses permitted by the underlying zone shall comply with the height limitations
in DCC 18.80.028. When height limitations of the underlying zone are more
restrictive than those of this overlay zone, the underlying zone height limitations
shall control. [ORS 836.619; OAR 660-013-0070]
A. Except as provided in DCC 18.80.028(B) and (C), no structure or tree, plant or
other object of natural growth shall penetrate an airport imaginary surface.
[ORS 836.619; OAR 660-013-0070(1)]
FINDING: The subject property is situated under one imaginary surface associated with
the Redmond Municipal Airport. All imaginary surfaces associated with the Redmond
Municipal Airport are at least 100 -feet above the subject property and no penetrations of
this surface are included in this proposal. This criterion is met.
B. For areas within airport imaginary surfaces but outside the approach and
transition surfaces, where the terrain is at higher elevations than the airport
runway surfaces such that existing structures and permitted development
penetrate or would penetrate the airport imaginary surfaces, a local
government may authorize structures up to 35 feet in height.
FINDING: The subject property is within the Approach Surface of the Redmond Municipal
Airport. The imaginary surface is at least 100 -feet above the subject property and no
penetrations of this surface are included in this proposal. This criterion is met.
C. Other height exceptions or variances may be permitted when supported in
writing by the airport sponsor, the Department of Aviation and the FAA.
Applications for height variances shall follow the procedures for other
247 -17 -000645 -CU, Baker Page 8
variances and shall be subject to such conditions and terms as recommended
by the Department of Aviation and the FAA (for Redmond, Bend and Sunriver.)
FINDING: No height exceptions or variances are sought by this application; therefore,
this criterion does not apply.
3. Section 18.80.044. Land Use Compatibility.
Applications for land use or building permits for properties within the boundaries of
this overlay zone shall comply with the requirements of DCC 18.80 as provided
herein. When compatibility issues arise, the Planning Director or Hearings Body is
required to take actions that eliminate or minimize the incompatibility by choosing
the most compatible location or design for the boundary or use. Where compatibility
issues persist, despite actions or conditions intended to eliminate or minimize the
incompatibility, the Planning Director or Hearings Body may disallow the use or
expansion, except where the action results in loss of current operational levels
and/or the ability of the airport to grow to meet future community needs. Reasonable
conditions to protect the public safety may be imposed by the Planning Director or
Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-013-0080]
A. Noise. Within airport noise impact boundaries, land uses shall be established
consistent with the levels identified in OAR 660, Division 13, Exhibit 5 (Table 2
of DCC 18.80). Applicants for any subdivision or partition approval or other land
use approval or building permit affecting land within airport noise impact
boundaries, shall sign and record in the Deschutes County Book of Records, a
Declaration of Anticipated Noise declaring that the applicant and his
successors will not now, or in the future complain about the allowed airport
activities at the adjacent airport. In areas where the noise level is anticipated to
be at or above 55 Ldn, prior to issuance of a building permit for construction of
a noise sensitive land use (real property normally used for sleeping or as a
school, church, hospital, public library or similar use), the permit applicant shall
be required to demonstrate that a noise abatement strategy will be incorporated
into the building design that will achieve an indoor noise level equal to or less
than 55 Ldn. NOTE: FAA Order 5100.38A, Chapter 7 provides that interior noise
levels should not exceed 45 decibels in all habitable zones.]
FINDING: The proposed project is not within the noise impact boundary of the Redmond
Municipal Airport. Therefore, this criterion is not applicable.
B. Outdoor lighting. No new or expanded industrial, commercial or recreational
use shall project lighting directly onto an existing runway or taxiway or into
existing airport approach surfaces except where necessary for safe and
convenient air travel. Lighting for these uses shall incorporate shielding in their
designs to reflect light away from airport approach surfaces. No use shall
imitate airport lighting or impede the ability of pilots to distinguish between
airport lighting and other lighting.
FINDING: The applicant is proposing to establish a marijuana production facility within
an existing agricultural structure. The proposed facility is an agricultural use. The
applicant is not proposing a new or expanded industrial, commercial, or recreational use.
Therefore, this criterion is not applicable.
247 -17 -000645 -CU, Baker Page 9
C. Glare. No glare producing material, including but not limited to unpainted metal
or reflective glass, shall be used on the exterior of structures located within an
approach surface or on nearby lands where glare could impede a pilot's vision.
FINDING: The applicant is not proposing any modifications of the existing structure. The
exterior siding and roofing material will not be changed with this proposal. The siding and
roofing of the existing structure is finished with earth tone colors. This criterion is satisfied.
D. Industrial emissions. No new industrial, mining or similar use, or expansion of
an existing industrial, mining or similar use, shall, as part of its regular
operations, cause emissions of smoke, dust or steam that could obscure
visibility within airport approach surfaces, except upon demonstration,
supported by substantial evidence, that mitigation measures imposed as
approval conditions will reduce the potential for safety risk or incompatibility
with airport operations to an insignificant level. The review authority shall impose
such conditions as necessary to ensure that the use does not obscure visibility.
FINDING: The proposed use is an agricultural use, and does not include any industrial,
mining, or similar use.
E. Communications Facilities and Electrical Interference. No use shall cause or
create electrical interference with navigational signals or radio
communications between an airport and aircraft. Proposals for the location of
new or expanded radio, radiotelephone, and television transmission facilities
and electrical transmission lines within this overlay zone shall be coordinated
with the Department of Aviation and the FAA prior to approval. Approval of
cellular and other telephone or radio communication towers on leased property
located within airport imaginary surfaces shall be conditioned to require their
removal within 90 days following the expiration of the lease agreement. A bond
or other security shall be required to ensure this result.
FINDING: The proposed development will not cause or create electrical interference with
navigational signals or radio communications between an airport and aircraft.
F. Limitations and Restrictions on Allowed Uses in the RPZ, Approach Surface,
and Airport Direct and Secondary Impact Areas. For the Redmond, Bend,
Sunriver, and Sisters airports, the land uses identified in DCC 18.80 Table 1,
and their accessory uses, are permitted, permitted under limited
circumstances, or prohibited in the manner therein described. In the event of
conflict with the underlying zone, the more restrictive provisions shall control.
As used in DCC 18.80.044, a limited use means a use that is allowed subject to
special standards specific to that use.
FINDING: The subject property and existing agricultural structure intended for the
proposed marijuana production facility will be located in the Approach Surface of the
Redmond Municipal Airport. The proposed use is considered farm use, which is a use
allowed outright according to DCC 18.80 Table 1.
247 -17 -000645 -CU, Baker Page 10
4. Section 18.80.054. Conditional Uses.
Uses permitted conditionally shall be those identified as conditional uses in the
underlying zone with which the AS Zone is combined, and shall be subject to all
conditions of the underlying zone except as provided in DCC 18.80.044.
FINDING: The applicant is proposing to establish a marijuana production facility in an
existing agricultural structure. Marijuana production is a use permitted conditionally in
the MUA-10 Zone and thus permitted conditionally in the AS Zone.
C. 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.
FINDING: The applicant has proposed marijuana production in an MUA-10 zone. This
criterion is met.
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 9.73 acres in size. This standard is met.
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 located in the MUA-10 zone. The proposed facility
with be located entirely within one existing agricultural structure. This standard is met.
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.
247 -17 -000645 -CU, Baker Page 11
L 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 above criteria applies to properties within the EFU Zone. The subject
property is within the MUA-10 Zone. This standard is not applicable. For reference,
however, the applicant has proposed up to 576 square feet in mature plant canopy area.
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 located in the MUA-10 Zone and is 9.73 acres in size.
The applicant proposes to use a small area, approximately 1,206 square feet of an
existing agricultural structure. Therefore, these criteria are satisfied.
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.
FINDING: The proposed marijuana production facility will operate under no more than
one OLCC permit. Staff includes this requirement as a condition of approval.
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.
FINDING: The marijuana production facility will be established in an existing agricultural
building on the property. According to County records for permit AG0774, the structure
has a front yard setback from Harper Road of approximately 1,158 feet. The side yard
setbacks from the west and east property boundaries are 110 feet and 36 feet,
respectively, and the rear yard setback is approximately 66 feet. However, the applicant
indicates the east side yard and rear yard setbacks are approximately 58 feet and 55 feet,
respectively. The applicant is requesting an exception to the rear yard and east side yard
setback, as discussed below in subsection (c).
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
247 -17 -000645 -CU, Baker Page 12
Deschutes County prior to submission of the marijuana production or
processing application to Deschutes County.
FINDING: The submitted site plan shows the existing agricultural structure intended for
the marijuana production will be no less than 300 feet from most off-site dwellings in the
area. The closest residence to the proposed site is approximately 500 feet, located
southeast at 20440 Harper Road. This criterion is satisfied.
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 proposed marijuana production facility will occur within an existing
agricultural structure located in the northern region of the property. The agricultural
building, approximately 7,763 square feet, was established in 2007 through permit
AG0774. The barn is separated into several areas including horse stalls, storage areas,
and other uses. The applicant proposes to use a portion of the structure, approximately
1,360 square feet, for marijuana production. The remaining areas will maintain their
existing uses (e.g. horse stalls, tack room, personal storage). As noted above, the
existing structure has a rear setback from the north property boundary of approximately
55 feet. In addition, the existing structure has a side setback from the east property
boundary of approximately 58 feet. The setbacks of the existing structure are slightly
different from those that were indicated under permit AG0774. Nevertheless, the
setbacks meet the requirement under MUA-10 zoning. Both the side and rear setbacks
are less than the required 100 -foot setback standard for marijuana production. The
applicant is requesting an exception to the 100 -foot setback standard for these two
setbacks.
Visual: Staff finds that the structure is visually similar to typical residential accessory
structures or agricultural structures and observes a setback in excess of the 20 -foot and
25 -foot setbacks typically required for such structures. Some vegetation and existing
structural screening exists and will continue to exist on site. The applicant is not
proposing any modifications of the existing structure. The exterior siding and roofing
material will not be changed with this proposal. No production lighting will be visible off-
site, due to the use of an opaque building, and all other lighting will comply with the lighting
requirements of DCC 15.10.
Odor: All air leaving the structure will be filtered, as described below. This system does
not rely on distance to attenuate or dissipate odor. Staff finds that production will be
conditioned to have an odor control system that must at all times prevent unreasonable
interference of neighbors' use and enjoyment of their property. Staff finds that the
combination of the odor control system and condition of approval will ensure that equal
mitigation will be provided despite the reduced setback.
Noise: The heating and cooling system will run intermittently, as needed. The heat pump
unit will be located on the north side of the structure, under a roof overhang. The unit has
a sound level rating of 56 dB. According to the submitted engineer's calculations, based
on the orientation and location of the unit, together with the sound barrier provided by the
overhanging roof of the structure, the sound level will decrease to 10.2 dB and 19.1 dB
247 -17 -000645 -CU, Baker Page 13
at the nearest western and eastern boundary, respectively. No other components of
production are anticipated to produce sustained noise.
Lighting: No production lighting will be visible off-site, due to the use of an opaque
building. All other lighting will comply with the lighting requirements of DCC 15.10.
Privacy: Staff finds that the structure is visually similar to typical residential accessory
structures and agricultural structures and observes a setback in excess of the 20 -foot and
25 -foot setbacks required for such structures. Some vegetation and existing structural
screening exists and will continue to exist on site. Staff finds the combination of screening
and buffering, due to distance, will adequately mitigate any privacy concerns.
Access: Staff finds the property has direct access to a County maintained, public road.
The use is of a limited size and scale such that no traffic impacts are anticipated.
For these reasons, staff finds that the applicant has demonstrated that the reduced
setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and
access impacts.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1000 feet from:
L 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 any parking lot
appurtenant thereto and any property used by the school;
iii. A licensed child care center or licensed preschool, including any
parking lot 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 I& 116.330(B)(7), all distances shall be measured
from the lot line of the affected properties listed in DCC
18.116.330(B)(7)(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(B)(7) shall not result in the marijuana producer or marijuana
processor being in violation of DCC 18.116.330(B)(7) if the use is:
L Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
iii. Lawfully established.
FINDING: Fifteen properties are wholly or partially within 1,000 feet of the subject
property. None of these properties is in a use described in this section or is subject to
sub -section (c). The closest such use is the Seventh Day Adventists School located at
21155 Tumalo Road, which is approximately 3.5 miles to the southeast of the subject
property. For reference, the Maston Trail Use Area, a BLM recreational area, is located
247 -17 -000645 -CU, Baker Page 14
approximately 1,400 feet to the north. However, this BLM Recreational area is not
considered a national monument or state park. 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.
a. Have frontage on and legal direct access from a constructed public,
county, or state road; or
b. Have access from a private road or easement serving only the 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.
FINDING: Access to the site is taken from Harper Road. The applicant proposes a
maximum canopy size of 576 square feet; therefore, these criteria are not applicable.
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 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 has proposed to limit visible lighting outside the structure from
7:00 p.m. to 7:00 a.m. The agricultural building will have opaque walls and roof covering,
according to the applicant. Staff finds these criteria can be met but to ensure compliance,
staff includes these criteria as conditions of approval.
10. Odor. As used in DCC 18.116.330(B)(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
247 -17 -000645 -CU, Baker Page 15
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
ii. Utilize an alternative method or technology to achieve equal to or
greater odor mitigation than provided by (i) above.
e. The system shall be maintained in working order and shall be in use.
FINDING: The applicant submitted a letter from Laura J. Breit, an Oregon licensed
professional mechanical engineer with ColeBreit Engineering. The applicant states the
proposed facility will be designed as a "closed room" with CO2 supplementation and air
conditioning. Mrs. Breit provides more detail involving the installation of Can -Fan with an
attached Can -Filter (carbon filter) as part of the system. To ensure compliance, it will be
made a condition of approval that an effective odor control system at all times must
prevent unreasonable interference of 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) 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 applicant submitted a letter from Laura J. Breit, an Oregon licensed
professional mechanical engineer with ColeBreit Engineering. Mrs. Breit indicates the
proposal will include a heat pump located on the north side of the existing structure. The
heat pump system will provide heating and cooling to the growing process. The outdoor
heat pump has a sound level rating of 56 dB, which decreases to 10.2 dB and 19.1 dB at
the nearest western and eastern boundary, respectively. Based on Mrs. Breit's analysis,
the system will not cause sustained noise exceeding 30 dB measured at any property line
between 10:00 p.m. and 7:00 a.m. and thus meeting noise control requirements. To
ensure compliance, it will be made a condition of approval that sustained noise from
mechanical equipment used for heating, ventilation, air condition, odor control, fans and
similar functions shall not exceed 30 dB(A) measured at any property line between 10:00
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.
247 -17 -000645 -CU, Baker Page 16
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.
FINDING: The applicant is not proposing any new fencing or razor wire. The applicant
proposes to retain screening vegetation as part of this project. Staff adds the following
conditions to ensure compliance with the above section. As an ongoing condition of
approval, any future fencing shall be finished in a muted earth tone. The fencing shall
blend with the surrounding natural landscape and not be constructed of temporary
materials such as plastic sheeting, hay bales, or tarps. 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 subject property contains 8.3 acres of groundwater rights for use during
the irrigation season of March 1 to October 31. The applicant intends to apply with the
Oregon Water Resources Department to convert one (1) acre of existing water rights from
irrigation to nursery rights. Until that conversion is reviewed and approved, the applicant
is purchasing water from ABC Lightning, LLC during the off-season, November 1 to
February 28. This standard is met. Based on the information in the record, staff finds
this criterion will be met.
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: This criterion does not apply because it pertains to marijuana processing not
production.
247 -17 -000645 -CU, Baker Page 17
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: Robert Fowler, Engineering Service Representative provided the following
comments on July 28, 2017.
Central Electric Cooperative has reviewed the provided load information (New 400
amp single phase 240 volt service) associated with the submitted Cannabis Grow
Facility is willing and able to serve this location in accordance with the rates and
policies of the Central Electric Cooperative.
This criterion is met.
16. 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.
FINDING: The applicant proposes security cameras with this proposal that will be
connected to an alarm system. The applicant acknowledges the requirement noted
above. The proposed security cameras will be directed to record only the subject
property. To ensure compliance, staff includes it as a condition of approval.
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 acknowledges this requirement. Staff includes this requirement
as a condition of approval.
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 within the MUA-10 Zone. The applicant is proposing
a marijuana production facility. Therefore, the resident of the property shall be the owner
of the subject property or a holder of the OLCC license for marijuana production facility,
if the license applies to the subject property. The applicant and owner, Chris Baker, will
be living on the property and will be the holder of an OLCC license. To ensure compliance
this will be made a condition of approval.
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(8)(9) by September 8, 2016 and with the
provisions of DCC 18.116.330(B)(10-12, 16,17) by December 8, 2016.
247 -17 -000645 -CU, Baker Page 18
FINDING: The subject property does not presently have an established grow site.
20. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:
L A new dwelling used in conjunction with a marijuana crop;
U. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(0),
used in conjunction with a marijuana crop;
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.
b. In the MUA-10 Zone, the following uses are prohibited:
i. Commercial activities in conjunction with farm use when carried on
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:
L 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 has indicated that none of the prohibited uses identified in this
section are proposed. As a condition of approval, 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:
L 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 regulations, and to protect the public health, safety, and welfare.
247 -17 -000645 -CU, Baker Page 19
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 192.502(17).
FINDING: Compliance with the annual reporting requirements of this section shall be a
condition of approval.
D. CHAPTER 18.128. CONDITIONAL USES
1. Section 18 128.015. General Standards Governing Conditional Uses.
Except for those conditional uses permitting individual single-family dwellings,
conditional uses shall comply with the following standards in addition to the
standards of the zone in which the conditional use is located and any other
applicable standards of the chapter.
A. The site under consideration shall be determined to be suitable for the
proposed use based on the following factors:
1. Site, design and operating characteristics of the use;
FINDING: The applicant is requesting to establish a marijuana production facility licensed
on the subject property. The proposed use will be sited within an existing agricultural
structure established in 2007 and which is located in the northern region of the 9.73 -acre
property. The property has relatively level terrain with some native and introduced
vegetation throughout the property, including trees, groundcover, and pasture grasses.
The site is developed with a single-family dwelling and other accessory structures,
primarily located in the northern half of the property. Harper Road is adjacent to the
property along its southern boundary. Access to the property is taken from Harper Road
via an existing gravel driveway.
The proposed marijuana production facility includes a grow operation to no more than
576 square feet of mature plant canopy in order to meet the OLCC Micro Tier I Canopy
regulations. As indicated above, the production facility will be located in an existing
agricultural structure. No exterior alterations, new structures, signs, or other site
improvements are proposed. The existing structure has a front (south) yard setback from
Harper Road of approximately 1,158 feet. Side yard setbacks from the west and east
property boundaries are 110 feet and 36 feet, respectively. The rear (north) yard setback
is approximately 58 feet. The applicant proposes to retain screening vegetation as part
of this project. As a condition of approval, the resident of the property shall be the owner
of the subject property or a holder of the OLCC license for marijuana production facility,
provided that the license applies to the subject property. Operational characteristics
include complying with the lighting, odor, and noise standards of DCC 18.116.330.
Based on the applicant's description of the facility's design and operating characteristics,
staff finds the proposal demonstrates that the site under consideration is suitable for the
proposed marijuana production facility.
247 -17 -000645 -CU, Baker Page 20
2. Adequacy of transportation access to the site; and
FINDING: The proposed facility would have primary access from Harper Road, which is
designated as a rural local road. Harper Road is adjacent to the southern property
boundary. The applicant proposes to use the existing gravel driveway off Harper Road.
An access permit was issued to the property through permit SW3528. Staff finds the road
is adequate for passenger vehicles and can accommodate vehicle trips generated by the
use. No inadequacy of the existing transportation infrastructure has been identified in the
record.
3. The natural and physical features of the site, including, but not limited to,
general topography, natural hazards and natural resource values.
FINDING: The subject property is approximately 9.73 acres and developed with a single-
family dwelling, several accessory structures, and agricultural uses. The property has
relatively level terrain. The site is vegetated with trees, groundcover, and pasture
grasses.
Staff finds that the site presents no topographical constraints, is not subject to any unusual
natural hazards, contains no natural resources, and is suitable for the proposed use.
B. The proposed use shall be compatible with existing and projected uses on
surrounding properties based on the factors listed in DCC 18.128.015(A).
FINDING: The applicant is proposing to establish a marijuana production facility licensed
through OLCC. The production facility will be located in an existing agricultural structure
that is located in the northern region of the property. The applicant is the resident and
owner of the property and whom will be involved with the daily operation of the production
facility. As noted previously, operational characteristics also include complying with the
lighting, odor, and noise standards of DCC 18.116.330.
The subject property is surrounded by developed and vacant rural residential properties,
farm -zoned parcels, and public lands. Directly to the east are residentially zoned
properties. Farm -zoned parcels surround the property to the south, west, and further to
the east. Bordering the property to the north and at the southeast corner are public lands
managed by the U.S. Bureau of Land Management. Harper Road/White Rock Loop,
which services many other properties in the area, runs east to west and abuts the property
along its southern boundary. The closest residential development to the facility is
approximately 500 feet to the southeast. There is evidence of other farm practices, large
and small, occurring on the neighboring private lands. There is the potential of farm use
to continue to occur in the future. There are no properties used or zoned for forest use
in the surrounding area; the predominant tree species in the surrounding area is juniper,
which is not a commercial species. The projected land uses based on the current zoning
will likely be similar to those already established such as single-family dwellings and
agricultural uses, as well as low -intensity recreational use on neighboring public lands.
Staff is unaware of any other projected uses on surrounding properties.
247 -17 -000645 -CU, Baker Page 21
Site Design and Operating Characteristics
Staff finds that the proposed use would not directly impede the use of surrounding
properties for residential and farm use, as it would not prevent or restrict development of
otherwise lawful uses in the surrounding zones.
Several comment letters were received and made part of the record. Some of the
concerns and objections include odor, noise, and lighting impacts, increased crime, and
decreased property values. Staff acknowledges that these impacts, depending on the
magnitude, could adversely affect surrounding residential uses. This would result in the
proposed use being incompatible with the surrounding residential uses. Staff evaluated
the identified potential impacts below.
Visual: Staff has previously found that the structure is visually similar to typical residential
accessory structures and observes a setback in excess of the 20 -foot and 25 -foot
setbacks typically required for such structures. Some vegetation and existing structural
screening exists and will continue to exist on site. The applicant is not proposing any
modifications of the existing structure. The exterior siding and roofing material will not be
changed with this proposal. No production lighting will be visible off-site, due to the use
of an opaque building, and all other lighting will comply with the lighting requirements of
DCC 15.10.
Odor: All air leaving the structure will be filtered, as described above. This system does
not rely on distance to attenuate or dissipate odor. While staff understands concerns
regarding odor, the record includes the statement of a registered professional engineer
that the proposed system will, prevent unreasonable interference of neighbors' use and
enjoyment of their property. Staff finds that compliance with this standard is sufficient to
demonstrate that the use will be compatible with surrounding residential uses. There is
no evidence in the record that the proposed odor control system cannot accomplish this
requirement. Were the system to fail to meet this standard, the standard is included as
a condition of approval and violation would be subject to code enforcement.
Noise: The heating and cooling system will run intermittently, as needed. The heat pump
unit will be located on the north side of the structure, under a roof overhang. The unit has
a sound level rating of 56 dB. According to the submitted engineer's calculations, based
on the orientation and location of the unit, together with the sound barrier provided by the
overhanging roof of the structure, the sound level will decrease to 10.2 dB and 19.1 dB
at the nearest western and eastern boundary, respectively. No other components of
production are anticipated to produce sustained noise. Staff notes that 30 dba is the
typical background noise level in a quiet residential neighborhood and, thus, the use
would not be incompatible with surrounding residential uses. Staff also notes that the
use is subject to Chapter 8.08, Noise Control. Specifically prohibited is:
"Unreasonably loud or raucous noise... means:
A. Motor vehicle noise which is louder or heard for a longer period than that
produced by use in direct transportation by motor vehicles with mufflers
supplied by the manufacturer with the vehicle, which disturbs, injures or
endangers the comfort, repose, health, peace or safety of persons 30 or
more feet away, if such noise is not emitted in order to make the motor
vehicle move up to the maximum speed limit on public streets, roads, and/or
highways for the purpose of direct transportation; or
247 -17 -000645 -CU, Baker Page 22
B. Noise, which violates the standards of the Environmental Quality
Commission, adopted pursuant to ORS 467.030 which are not exempt under
ORS 467.035 or permitted by a variance issued under ORS 467.060;
C. The sounding of any horn or signaling device on any automobile,
motorcycle, bus or other vehicle except as a reasonable signal required by
the exigencies of vehicular or pedestrian traffic; the creation by means of
any such signaling device of any sound which disturbs the sleep, peace,
quiet, comfort or repose of other persons; the sounding of any such device
for an unnecessary or unreasonable period of time;
1. The use of any automobile, motorcycle or other vehicle so out of repair, so
loaded, or in such a manner as to disturb the sleep, peace, quiet, comfort or
repose of persons more than 30 feet away;
J. The loading or unloading of any vehicle or the opening, closing or
destruction of bales, boxes, crates and containers, so as to disturb the
sleep, peace, quiet, comfort or repose of persons more than 30 feet away;
O. The operation of any blower, power fan, internal combustion engine, electric
motor or compressor, or the compression of air, unless the sound from
each machine is sufficiently muffled so as not to disturb the sleep, peace,
quiet, comfort or repose of persons more than 30 feet away.
Privacy: Staff finds that the structure is visually similar to typical residential accessory
structures and agricultural structures and observes a setback in excess of the 20 -foot and
25 -foot setbacks typically required for such structures. Some vegetation and existing
structural screening exists and will continue to exist on site. The exterior siding and
roofing material with not be changed with this proposal. Staff finds the combination of
screening and buffering, due to the distance of 55 feet to the northern and 58 feet to the
eastern property lines, will adequately mitigate any privacy concerns.
Incompatibility with residential uses: Staff finds that this public concern, as well as
concerns regarding potential impacts to property values, are secondary impacts that
would result from one of the other identified primary impacts (e.g. noise, odor, etc.)
resulting in an incompatibility with surrounding residential uses. Staff finds that there is
no evidence in the record that the proposed use is likely to cause incompatibility with
residential uses or impacts to property values, without first causing other identified
primary impacts (e.g. noise, odor, etc.).
Safety and crime: While this is a common neighbor concern for the proposed use, Staff
finds that there is no evidence in the record that small-scale marijuana production
increases crime in surrounding residential neighborhoods.
Transportation Access
Staff finds the property has direct access to a County maintained, public road, which is
not a shared access. The proposed use is of a limited size and scale such that no traffic
impacts are anticipated. No infrastructure deficiencies were identified by public agencies.
Staff finds that there is no evidence in the record that the small-scale facility would
generate a significant number of additional trips or ongoing heavy truck traffic. Staff also
notes that the maintenance of the road is conducted by the County.
247 -17 -000645 -CU, Baker Page 23
Natural and Physical Features
Based on staff's site visit and review of aerial photographs of the area, staff finds the
surrounding lands to have similar characteristics as the subject property — generally level;
moderately vegetated with sage brush and juniper trees; natural resource values that are
limited to existing vegetation; no apparent natural hazards; and no unique or significant
physical features. Given the low intensity of expected use, staff finds the proposed use
will be compatible with the natural and physical features on surrounding lands.
C. These standards and any other standards of DCC 18.128 may be met by the
imposition of conditions calculated to insure that the standard will be met.
FINDING: Staff finds the approval of the proposed marijuana production facility shall be
subject to the conditions of approval set forth at the end of this decision.
2. Section 18.128.040. Specific Use Standards.
A conditional use shall comply with the standards of the zone in which it is located
and with the standards and conditions set forth in DCC 18.128.045 through DCC
18.128.370.
FINDING: The proposed marijuana production facility is proposed within the MUA-10
Zone. The specific criteria for this zone have been reviewed above and the proposed
use complies with specific criteria of the MUA-10 Zone.
IV. TRANSPORTATION SYSTEM DEVELOPMENT CHARGES:
Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of
$1,575 for the marijuana production (grow) facility. This is based on the County's SDC rate of
$3,937 per p.m. peak hour trip. The SDC in this application will be triggered prior to 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.
V. CONCLUSION:
Based on the foregoing findings and conclusions, staff concludes 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.
Other permits may be required. The applicant is responsible for obtaining any necessary permits
and meeting the requirements of the Deschutes County Building Safety Division, the Deschutes
County Environmental Soils Division, and the Deschutes County Road Department, as well as
obtaining any required state and federal permits.
VI. DECISION:
APPROVAL, subject to the following conditions of approval.
247 -17 -000645 -CU, Baker Page 24
VII. CONDITIONS OF APPROVAL:
A. Use & Location: Marijuana production is conditionally approved inside the existing
agricultural 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 conditional use application.
ONGOING CONDITIONS OF APPROVAL
B. Lighting:
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. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC
15.10, Outdoor Lighting Control.
C. Odor: The proposed odor control system must prevent unreasonable interference of
neighbors' use and enjoyment of their property. The odor control system shall be maintained
in working order and shall be in use at all times.
D. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air
condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any
property line between 10:00 p.m. and 7:00 a.m. the following day.
E. 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.
F. Fencing: If fencing is used, it shall be finished in a muted earth tone and shall not be
constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc.
G. 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.
H. Security Cameras: Security cameras 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.
I. Waste: Marijuana waste shall be stored in a secured waste receptacle in the possession of
and under the control of the OLCC licensee.
J. Prohibited Uses: 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. Marijuana production is
prohibited in any outdoor area.
247 -17 -000645 -CU, Baker Page 25
K. Annual Reportinq: The annual reporting requirements of DCC 18.116.330(D) shall be met.
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:
1. Documentation demonstrating compliance with the:
a. Land use decision and permits.
b. Fire, health, safety, waste water, and building codes and laws.
c. State of Oregon licensing requirements.
2. 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.
3. Other information as may be reasonably required by the Planning Director to ensure
compliance with Deschutes County Code, applicable State regulations, and to protect the
public health, safety, and welfare.
4. Marijuana Control Plan to be established and maintained by the Community Development
Department.
5. Conditions of Approval Agreement to be established and maintained by the Community
Development Department.
6. This information shall be public record subject to ORS 192.502(17)
L. Residency: The resident of the property shall be the owner of the subject property or a holder
of the OLCC license for marijuana production facility, provided that the OLCC license applies
to the subject property.
VIII. 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.
This decision becomes final twelve (12) days after the date of mailing, unless appealed by
a party of interest.
DESCHHUTES COUNTY PLANNING DIVISION
017
Written by: Cynthia Smidt, Associate Planner
Reviewed eter Gutowsky, Planning Manager
247 -17 -000645 -CU, Baker Page 26
Staff Memorandum
Attachment C
E9i_9P3
Appeal Application for 247-17-000962-A
F Fitch Law Group, PC
Edward P. Fitch
"Committed to Excellence" ed@fitchlawgroup.com
Linda J. Nichols
Paralegal
Linda@fitchlawgroup.com
December 4, 2017
VIA HAND DELIVERY:
Deschutes County Planning Department
PO Box 6055
117 NW Lafayette Ave.
Bend OR 97708-6005
Re: Christopher Baker Conditional Use Application
File No. 247 -17 -000645 -CU
To Whom It May Concern:
This office represents Annunziata Gould aka Nunzi Gould. Enclosed please find the Appeal
Application signed by my client, together with our check in the amount of $3,224.65 for the appeal
fee. If there is any question regarding the amount of this fee, please get back to me as soon as
possible. Thank you.
Very truly yours,
EDWARD P. FITCH
EPF:Ijn
Enclosure
Cc: Client
GAClients\EPP\Gould, A\2017-12-04
Ltrto Deschutes Cty Planning.docx
210 SW 5" St., Ste. #2 Redmond OR 97756
Phone: 541.316.1588 Fax: 541.316.1943
t
Community Development Department
Planning division Budding Safely Division Environmenlat Soils DbALion
p,0, Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
Phone: (541) 388-6575 Fax, (541) 387-1764
http://4m,-k ,deschutes,org/ccl
APPEAL APPLICATION
6U
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): Annunziata O. Gould _ Phone: (541 420-3325
Mailing Address:,,,___ --- _--- 19845 J W Brown Road City/State/Zip:. Bend OR 97703 _
Land Use Application Being Appealed: Conditional Use Permit (Christol2her Baker)
Property Description: Township 16 Range 12 Section 9 -- Tax Lot. 503
Appellant's Signature:
t J
EXCEPT AS PROVIDED IN SECTION 22.32.024, AMPELLANT 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
Quality Set -vices llerrnrnied with Pilde
NOTICE OF APPEAL
Christopher Baker
Conditional Use Permit
File No. 247 -17 -000645 -CU
Appellant appeals the Findings and Decision issued by Deschutes County and mailed on
November 22, 2017. The Appellant is requesting the Board of County Commissioners to review
this Decision. This marijuana operation will have a detrimental effect on this area of Deschutes
County and is in clear violation of many of the code requirements for marijuana facilities.
Further, the Decision is deficient. Even if this application is approved the Decision is deficient
in failing to include, as conditions of approval, compliance with many of the code provisions as
well as requirements by the Bend Fire Department.
The Appellant respectfully requests the Board of Commissioners hear this matter on a de
Novo basis so that additional information can be provided to the Board regarding the deficiencies
in the application, including information regarding the water resources permit, as well as the
existing commercial uses on the property.
The issues on appeal are as follows:
1. This marijuana operation appears to be in violation of prior conditions issued
from the partition of this property in prior years. Those conditions prohibited any commercial
use on the property.
2. The code does require the applicant to provide a permit from the Water Resources
Department authorizing the use of water for this purpose. The only applicable permit for this
Page 1 — NOTICE OF APPEAL r[Tcx LAW GROUP,
210 SW 5"' St., Suite 2 2
G:\Clients\BPF\Goold, A\2017-12-04 Notice of Appeal.docx Redmond, OR 97756
Phone: 541-316-1588
Fax: 541-316-1943
property does not authorize this use. Further, the applicant does not appear to be in conformance
with the existing permit as the properties identified for irrigation have been built over in the past
and the well on the property has not been metered. It would appear that a number of the water
rights associated with this property have been lost over time because of a lack of use. Further,
the use of municipal water by the applicant between November 1 and February 28th, does appear
to be inconsistent with the allowable uses for municipal water under the Oregon Administrative
Rules.
3. This application is inconsistent with the Deschutes County Code specifically,
Section 18.116.330 Subsection 20(b). That prohibits any commercial activities in conjunction
with a farm use carried on in conjunction with the marijuana crop. This prohibition is pertinent
to the MUA 10 Zone. There is an existing commercial activity on the property, part of which is
used in the same building as the proposed marijuana production operation. The combined uses
here are in violation of Section 18.116.330 Subsection 20(b).
4. The Decision fails to account for the conditions compliant with the requirements
of the Bend Fire Department regarding an "all access road" and other conditions for the interior
of the building.
The conditions fail to identify the proposed operation and to limit the approval to
the proposed use to -wit: use of a portion of the building for a mature plant canopy site of 560 sq.
ft. and a total use of the building for marijuana purposes or limited to 1,360 sq. ft.
The Decision fails to identify the sole access of the property rather than a primary
access.
Page 2 — NOTICE OF APPEAL FtTCfi LAW GROUP, PC
Pa
g 210 SW 511' St., Suite 2
G:\Clients\EPF\Gould, A\2017-12.04 Notice of Appeal.docx Redmond, OR 97756
Phone: 541-316-1588
Fax: 541-316-1943
7. The Decision is deficient in allowing an exception to the setback provision for
marijuana facilities particularly the setback vis -A -vis public access lands which lie within 60 ft.
of the proposed marijuana facility.
Dated this day of December, 2017.
Respectfully submitted,
FITCH LAW GROUP, PC
Edward P. Fitch, OSB #782026
Attorney for Appellant
Pae 3 — NOTICE OF APPEAL FITCH LAW GROUP,
Page 2 210 SW 5'" St., Suite 2
G:\C1ients\EPF\Gou1d, A\2017-12-04 Notice of Appeal.doex Redmond, OR 97756
Phone: 541-316-1588
Fax: 541-316.1943
Staff Memorandum
Attachment D
Appellant's Memorandum dated 12/20/17
Cynthia Smidt
From: Ed Fitch <ed@fitchlawgroup.com>
Sent: Wednesday, December 20, 2017 7:10 AM
To: Tammy Baney; Phil Henderson; Tony DeBone
Cc: Cynthia Smidt; Nunzie
Subject: Hearing for December 27th: Baker
Attachments: SKM_C224e17122008030.pdf
Here is the appellant's memo for next week's hearing.
Edward P. Fitch
Attorney
210 SW 5th St., Suite 2
Redmond, OR 97756
541-316-1588
541316-1943 fax
edl@fitchlawgroup.com
www.fitchlawgroup.com
CONFIDENTIALITY NOTICE: This email transmission, and any documents, files or previous email messages attached to it,
may contain confidential information that is legally privileged. If you are not the intended recipient or a person
responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution
or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received
this transmission in error, please notify us be reply at info fitchlawgroup.com or by telephone at 541316-1588, and
destroy the original transmission and its attachments without reading them or saving them to a disk.
BEFORE THE BOARD OF COMMISSIONERS
DESCHUTES COUNTY
File Number: 247 -17 -000645 -CU
Regarding the Application to Establish a
Marijuana Production (Grow) Facility
Applicant: Christopher Baker
Location: 20420 Harper Road, Bend
MEMORANDUM IN OPPOSITION TO
THE MARIJUANA GROW APPLICATION
There is a hearing scheduled for December 27, 2017 at 10:00 a.m. The 150 -day deadline
is coming up in January. The planning staff has indicated that the applicant wants to continue
the hearing until mid-January. The appellant objects to that continuance unless the 150 -day time
limit is extended to mid-March.
Regarding the merits of this application, the application must be denied for several
reasons. They are:
I.
Use.
Approval of this application would be in violation of the Deschutes County code
provisions for marijuana grow applications. Specifically, Section 18.116.330(20) has the
following prohibition:
"b. In the MUA-10 Lone the following uses are prohibited:
i. Commercial activities in conjunction with
farm use when carried on in conjunction
with a marijuana crop."
Page — em
I Morandum inpp
Opposition to Marijuana Grow Application F►TCfi LAWGROUP, ec
a 210 SW 5511"' st., Suite 2
G:AClients\GPF\Gould, A\2017-12-14 Memorandum in Opposition.docx Redmond, OR 97756
Phone: 541-316-1588
Fax: 541-316-1943
This marijuana grow operation will, if approved, occur in the main barn at 20420 Harper
Road, Bend. That property, including a significant portion of the barn, is already used for a farm
use to -wit: a horse ranch and arts. It also appears that the ranch is being used as a youth activity
center for horse riding and arts. Attached hereto as Exhibit 1 is a copy of the advertisement for
the Bent Wire Ranch. This sign is located on the property adjacent to Harper Road. Also,
attached as Exhibit 2 is a copy of the site plan for the subject property. This site plan consists of
two pages. Part of the building structure used for the horse and art activity is designated to
include the grow room for the marijuana production. In other words, this marijuana operation is
going to be housed in the same building as other farm use activities. This is clearly in violation of
Section 20(6) of Section 18.116.330(20) of the Deschutes County Code.
II.
Odor.
This application suffers the same deficiencies as other applications. In theory a charcoal
filter system can work. However, without a detailed maintenance plan and an analysis of the
effect of the humidity of the operation on the charcoal filter systems, these systems are doomed
to fail in a very short period of time. This approval has led to considerable problems in the
TunIalo area. Without a detailed maintenance plan and a recognition that the humidity is going
to cause problems with these charcoal filter systems, the odor analysis is insufficient.
M.
Noise.
There is no credible documentation that the noise emanating from this building, which is
very close to the property line, will meet the 30 -decibel requirement in the code. The baffling
Page 2 —Memorandum rrrcIi LAW GROUP, rc in Opposition to Marijuana Grow Application 210 sw V, St., suite 2
G:\CIients\LPP\Gould, A\2017-12-14 Memorandum in opposition.doex Redmond, OR 97756
Phone: 541-316-1588
Pax: 541-316-1943
system that is proposed has not been assessed and is only a theoretical conception at this
juncture.
IV.
Water.
There are number of problems concerning water with this application. Attached hereto as
Exhibits 3 and 4 are copies of the permit as well as the site report issued by the Oregon Water
Resources Department. The water is allocated to defined acreage on the property and there has
been no determination that that allocation has been changed with the Water Resources
Department. Second, the use of water is permitted only for growing orchard grass. Until there is
a change the applicant does not have any right to utilize this groundwater for a marijuana crop in
an enclosed building. Further, the owner has actually built over a portion of the acreage in which
a water right was allocated and has therefore lost some of the rights to obtain water through the
well for irrigation purposes.
Finally, the applicant is proposing to use water municipal water from AI3C Lightning. As
noted in other applications, the use of municipal water for this purpose is inconsistent for the
allowance of municipal water use in the Oregon Administrative Rules. Attached as Exhibit 5 is a
copy of that definition. The allowed uses for municipal water use are:
"Water that is delivered and used through the water service
system of the municipal corporation for all water uses,
usual and ordinary to such systems.
Use of the water outside of the water delivery system and
for as a marijuana grow agricultural cash crop operation is
not usual and ordinary and is inconsistent with the
allowance for municipal water use as determined by the
Water Resources Department in their administrative rules."
Page 3 —Memorandum FI'1'Crt LAW GROUP, PC in Opposition to Marijuana Grow Application 210 sw 511, St.. suite 2
G:\ClientsTITf Gould, A\2017-12-14 Memorandum in opposition.docx Redmond, OR 97756
Phone: 541-316-1558
Pax: 541-316-1943
Attached Exhibits 6 and 7 are articles noting the use of water in marijuana grow
operations. The average use by a marijuana plant appears to be 6 gallons per day. There has
been no analysis as to whether or not there is sufficient water allocated to this property to both
grow the marijuana crop and utilize the water on the acreage that remains subject to the original
allocation under the permit issued by the Water Resources Department.
DA
Exemption.
The applicant has requested an exemption for the setbacks. Those setbacks were
carefully considered by the county when adopting these code provisions. The setback that the
application is proposing is significantly less than what is required under the code. Further the
setback is against public lands where any number of the public, including minors, have complete
access. There is no showing that the applicant has a justification for this reduced setback given
the fact that the public can be within 55 feet of areas where the public, including minors, have a
right to be.
VI.
Conditional Use and Fire Department Requirements.
The proposed use will not be compatible with the public use of lands within 55 feet of the
proposed marijuana grow site. The noise, visual, and odor effects of the marijuana grow, as well
as the general characteristics of a marijuana operation should not be allowed within such
proximity to public lands.
FrrCH LAW GROUP, PC
Page 4 — Memorandum in Opposition to Marijuana Grow Application 210 sw s° st.. Smite 2
G:AClients\6PF\Gould, A\.?017-12-14 Memorandum in opposition.docx Redmond; OR 97756
Phone: 541-316-1588
Fax: 541-316-1943
The Fire Department also indicated in their comments that an all-weather surface road
needs to be provided. The Fire Department also indicated that there has to be a minimum fire
flow for the building. The applicant has not addressed these requirements, nor were they
conditions of the initial staff approval.
Dated this '),0_ day of December 2017
Respectfully submitted,
FITCH LAW GROUP, PC
By:
Edward P. Fitch, OSB 4782026
Attorney for Annunziata Gould
rCli LAW GROUP, PC
Page 5 —Memorandum P'1"
in Opposition to Marijuana Grow Application 210 sw 5111 St., Suite 2
G:AClients\GPp\Gould, A\2017-12-14 Memorandum in opposition.docx Redmond, OR 97756
Phone: 541-316-1588
Fax: 541-316.1943
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HIBIT 2
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EXHIBIT 2
Page 2 of 2
STATE OF OREGON
COUNTY OF DESCHUTES
PERMIT TO APPROPRIATE THE PUBLIC WATERS
THIS PERMIT IS HEREBY ISSUED TO
BENJAMIN LINDNER
LESLIE D. COLE-
PHONE: (541) 383-41(
20420 HARPER RD.
BEND, OREGON 97701
The specific limits and conditions of the use are listed below.
APPLICATION FILE NUMBER: G-14413
SOURCE OF WATER: A WELL IN THE DESCHUTES RIVER BASIN
PURPOSE OR USE: IRRIGATION OF 9.73 ACRES
14AXI.MUM RATE' 0.122 CUBIC FOOT PER SECOND
PERIOD OF USE: MARCH I THROUGH OCTOBER 31
DATE OF PRIORITY: NOVEMBER 18, 1996
POINT OF DIVERSION LOCATION: SW !/4 NW 1/4, SECTION 9, T16S, R12E,
1535 FEET SOUTH & 223 F'T'
EEEAST FROM M'I CORNER, SECTION 9
for irrigation under this right, together
The amount of water used any other right existing for the same J, ands,
is
the amount secured under ONE -EIGHTIETH of one cubic foot per second (or
limited to a diversion of ONE-EIG
its equivalent) and 3.0 acre-feet for each acre irrigated during the
irrigation season of each year.
THE PLACE OF USE IS LOCATED AS FOLLOWS:
SW 1/4 NW 1/4 9.73 ACRES
SECTION 9
TOWNSHIP 16 SOUTH, RANGE 12 EAST, W.M.
Measurement, recording and reporting conditions:
A. Before water use may begin under this permit, the permittee
shall install a meter or other suitable measuring device as
approved by the Director. The permittee shall maintain the
meter or measuring device in good working order.
termaster access to the meter
shall allow the wa
B. The permittee
or measuring device; provided however, where the meter
measuring device is located within a private structure, thor
e
watermaster shall request access upon reasonable notice.
PERMIT G-13332
Water Resources Department
-14413 1- 3
Application G _XAMBL
___Jljjj�6f 31
C The Director may require the permittee to keep and maiTital'i'-,
Isecol-d of the amount (volume) of water used and may require u .1 re
the permittee to report water use on a periodic schedule a�'
established by the Director. In addition, the Director ma',"
require the permittee to report general water use informaticl";,
the periods of water use and the place and natuze of use cf
water under the permit. The Director may provide _=1.
opportunity for the permittee to submit alternative reporrjn�'
nrocedures for review and approval.
Use of water under authority of this permit: may be regulated if an6vs's
of data available after the permit is issued discloses that
appropriation will measurably reduce the surface water flows necessary
to maintain the free-flowing character of a scenic waterway in
quantities necessary for recreation, fish and wildlife in effect aS Of
the priority date of the right or as those quantities may be
subsequently reduced.
If substantial interference with a senior water right occurs due tc,
withdrawal of water from any weal listed on this permit, then use of
water from the well(s) shall be discontinued or reduced and/or the
schedule of withdrawal shall be regulated until or unless the Department
approves or implements an alternative administrative action to tritigare
t h e interference. The Department encourages junior and senilcf
appropriators to jointly develop plans to mitigate interferences.
STANDARD CONDITIONS
The wells shall be constructed in accordance with the General Stanoards
for theconstruction and Maintenance of Water Wells in Oregon. The
works shall be equipped with a usable access port, and may also incl-4Icllc_
an air line and pressure gauge adequate to determine water leve'
elevation in the well at all times.
The use shall conform to such reasonable rotation system as may be
ordered by the proper state officer.
Prior to receiving a certificate of water right, the permit holder shall
submit the results of a pump test meeting the department's standards, to
the Water Resources Department. The Director may require water level or
pump test results every ten years thereafter.
Failure to comply with any of the provisions of this permit may result
in action including, but not limited to, restrictions on the use, civil
penalties, or cancellation of the permit.
This permit is for the beneficial use of water without waste. The water
best:'
user is advised that new regulations may require the use of
practical technologies or conservation practices to achieve this end.
By law, the land use associated with this water use must be in
compliance with statewide land -use goals and any local acknowledged
land -use plan.
1ipplication G-14413 Water Resources Department PERM1TEX,1ff4f1V3
........... . ..... ..
PITC P" 3
The use of water shall be limited when it, interferes, with any prio-'
surface or ground wat.E!r rights.
The Director finds that the proposed use(s) of: water described by dais
permit, as conditioned, will not impair or be detrimental. to the public
interest.
Actual construction of the well shall begin within one year from perm -it
issuance. Complete application of water to the use shall be made 0:1 Cli,
before October 1, 2002,
Issued February,7,<—, 3.996
.......... .
Martha O. Pagel, Diector
Water Resources Department
113 Water Resources Department
Volume I DESCHUTES R MISC
MGMT.CODES 7BG 7BR 7JG 7JR
PERMIT G-13332
District
EXHIBIT 3
SITE REPORT ANDCLAIM OF BENEFICIAL USE
FOR GROUND WATER. - IRRIGATION
Reference: APPLICATION FILE G-14413, Permit G-13332
Permittee:
Benjamin Lindner and Leslie D. Cole
20420 Harper Rd.
Bend, OR 97701
Date of inspection: 6-25-01
Person Interviewed: Benjamin Lindner
Source: The well was originally drilled on 12-8-95 and deepened on 10-29-96. The well
is 12" in diameter, to 18.5 feet, 8" in diameter to 425 feet, 6" in diameter to 560 feet.
Static water level was 443 feet below the surface as of 10-29-96, (see well logs enclosed).
Well Driller: Aiken Well Drilling
Well lot, dated: 12-8-95 and 10-29-96
Location of well.and point of diversion: Well is 1498 feet South and 213 feet East of the
Northwest comer of Section 9, T. 16 S., R. 12 E., W.M.
Rate:
Rate Allowed by Pernlit: 1.22 efs for irrigation of 9.73 acres.
Rate calculated based on system: The system was not in operation at the time of
inspection. The rate of 72 gpm was determined from a chart listing the equipment used
(see chart enclosed). A 100 series "Big Gun" with a.5" nozzle at 100 psi (per Benjamin
Lindner).
Rate of beneficial use calculated: 8.2 acres are being irrigated.
[1/80 cfs per second per acre x 8.2 acres = 0.10225 cfs x 448.83 gpm/cfs 46 gpm)
Note: Mr. Lindner operates his system 12 to 16 hours per day.
Time Limits: March I" through October 31 ".
Description of Delivery System:
Well: The well head has an access port.
EXHIBIT 4
Page 1 of 3
A 15 H.P, single phase motor, (220 Volt) and submersible "Aermotor" pump with a
"Hersey Flow Meter", Model 2" 572 SG is installed on the outflow side that measures to
the nearest I gallon.
Water is punhped into a 2" PVC line to a pond or "bulge" in the system and then pumped
by a 10 HP single phase Valdor motor with Berkley pump through 3" PVC mainline
(buried) to risers with a Nelson 100 "Big Gun" with a 0.5" nozzle, There are a total of 15
risers and one Big Gun is used at any one time.
Use: Water is used for irrigation purposes to raise Orchard Grass Mix for pasture and
grass hay.
Permit Requirements:
A. Water Meter: a water meter has been installed as described above.
13. Access: the water meter is installed along the mainline with access available.
C. The well head has an access port.
D. Pump Test: in process.
The final proof inspection of the use was found to be completed as per the terms and
conditions of Pen -nit file G-13332 (with the exception of the pwrip test) and was
completed by me on 10-03-01 and the facts contained in this report and accompanying
final proof mappare correct to the bes f my knowledge.
.-% f -
signed
71
R b Baxter CWRE No. 15
We, Benjamin Lindner and Leslie D. Cole, owners of the land hereon described, agree to
the findings of the CWRE and do submit this site report and map as my Claim of
Beneficial use under the terms and conditions of Permit No. G-13332.
signed:�� y signed ._.,
Benjamin Lindner Les -fife D. Cole
Prepared by: Rob Baxter, CWRE No. 015
Baxter Land Surveying, Inc.
P.O. Box 7022
Bend, OR 97708
(541)382-1962
EXHIBIT 4
Page 2 of 3
FINAL PROOF AAAA
APPLICATION NO. G-14413, PERMIT NO.
FOR
BENJAMIN LINDNER & LESLIE D. COLE
LOCATED IN THE SW 1/4 OF THE NW 1/4
OF SECTION 9, T. 16 S., R. 12 E., W Al.
TAX LOT 16--12-09 ,00503
DESCHUTES COUNTY, OREGON
WD: ''DCATICN
1498 FEET NCRTN AN -I,
213 FEET EAST DF T',E
NW CORNER C;`
SECTION 9, T. 16 S.,
R 12 E., W.M.
SW 114, NW 1/4
8.2 ACRES IRRIGATE=
IRRIGATED AREA
,8 .2 ACRES)
RC)BER T E. BA X R, CER TFIED WA TER RIGHT EXAMINER
N THE STATE OF OREGON', HEREBY CERTIFY THAT THIS
WATER RIGHT SUPVFY' MAP WAS PREPARED BY ME
THE. PREPARATION OF THIS MAP IS FOR THE PORPOSE
OF !DEN 7/F 1?'NG THE L OCA TION' OF THE WA TER RICH T
ONLY AND i- AS NO iN T EN T TO PROVIDE DIMENSIONS OR
) T Y OWNERSHIP LINES.
' .
G--1 JJJ2
SC/,, �. I„ _ 4CG'
f-, r_ .
CSA L
,: �.6-24-62
R F
S`FAY0R1
015
ROBERT BAXTER
NGV. 19, I587
r�F DIEGO
EXHIBIT 4
Pa c 3 of 3
PREPA,REC BY. BAXTER LA,�`D SURI/EYING, INC., P.O. BOX 7022 BEND, ORE, 97708 382 162
12,'14!2017
Oregon Secretary of State Administrative Rules
Water Resources Department
Chapter 690
Division 300
DEFINITIONS
690-300-0010
Definitions
The following definitions apply in OAR chapter 690, divisions 15, 310.320, 330, 340. and 350 and to any permits,
certificates or transfers issued under these rules:
(1) "Affected Local Government" means any local government as defined in OAR 690-005-0015 within whose
jurisdiction wafer is or would be diverted, conveyed, or used under a proposed or approved permit, water right transfer.
or certificate.
(2) "Agricultural Water use" means the use of water related to the production of agricultural products. These uses
include, but are not limited to, construction, operation and maintenance of agricultural facilities and live, tock sanitation
at farms, ranches, dairies and nurseries. Examples of these uses include, but are not limited to, dust control, temperaturr
control, animal waste management. barn or farm sanitation, dairy operation, and fire control Such use shall not include
brig atlpn.
it r ' Aquatic life Water Use" means the use of water to support natural or artificial propagation and sustenance of fish
and other aquatic life.
(4) "Artificial Groundwater Recharge" means the intentional addition of water to a groundwater reservoir by diversion
from another source.
(S) "Beneficial Use" means the reasonably efficient use of water without waste for a purpose consistent with the laws,
rules and the best interests of the people of the state.
se of water related to the production, sale or delivery of goods, services or
(6) "Commercial Water Use" means u
commodities by a public or private entity. These uses include, but are not limited to. construction, operation and
maintenance of commercial facilities. Examples of commercial facilities include, but are not limited to, an office. resort,
recreational facility, rnotel, hotel, gas station, kennel. store, Medical facility. and veterinary hospital. Examples of water
uses in such facilities include, but are not limited to, human consumption, sanitation, food processing, and fire
protection. Such uses shall riot include irrigation or landscape maintenance of more than 112 acre. Notwithstanding this
definition, exempt commercial water use under Division 340 does not include irrigation or landscape maintenance.
i7) "Comment" means a written statement concerning a particular proposed water use. The corrrment may identify
elements of the application which. in the opinion of the commenter, would conflict with an existing water right or would
impair or be detrimental to the public interest.
(8), Commission" means the Water Resources Commission.
(9) "Contested Case" means a hearing before the Department or Commission as defined in QRS 183.310(2) and
conducted according to the procedures described in ORS Chapter 53. ORS 183.413 - 183.497 and OAR chapter 690.
division 2.
(10) "Cranberry Use" means all necessary beneficial uses of water for growing, protecting and harvesting cranberries.
Examples of these uses include, but are not limited to, irrigation of cranberries or other crops in rotation, chemical
application, floodingfor harvesting or pest control, and temperature control.
(11) "Deficiency of Rate Right" means an additional right allowed from the same source ter the saEXHTBl Tme use at the 'n r
place of use when an earlier right does not allow a full duty or rate of flow of water. Page 1 Of 5
(12) "Department" means the Water Resources Department.
,,,j_ Irmo, _. , ctatp or us/nard/d isnlavDivisionRules, action ?selected Division =3194
115
12!14;2(}17 Oregon Secretary of Stale Administrative Rules
1_;; "Dig rrlc r' rne3 the Dir srorof tl c t)etxrcuttent.
{ 14 'Lyorr"e sU:.;f=)ter User nae .,v._ t!ac use of vsdter for human c-onswi h+ ;gin. hcw5c.rtcld f±tri uc)ses, d gym.-5:ic err irt:3i
a�auna;ation that is ancillary to re'sidctntial use o(tht> property a' rclard acres .ory us.cs
1 Sl `Domestic Use Expended" means the trse of v,,ite r. in addl.tio[Ito that allo.ved tot domestic use', kir w:,fterm , rr, to
1 2 acre of lav;n or noncommercial garden.
(161 Drreinagc Basin' as used in OAR 69().3,10-00.10. 690 40 0030 and 690-31(,-0t:;0. mans by I { ars u " t
deliru acted Js a ( atalogin); will. by the US ge'olos �cj Survey unite of `Jatur Cita C-)e; din..tiar on tut _tats I I,.
Unit ;nap.
t?)'IirePiotirctiontNrrtnrUe.mean;th �r>e_-,d.toragcofv,•ate,(ofi'llepurp(�scoiextincrishinbf�es���rcc,
p�:•tem`,,t oua�re-ak of files
1 }'=isl�6}p.�ss5,iuctur(".j'utdir.0AR69U3 n0070n.eansa y{71C iter Owrn(hannclDi
�: vc>y,ancc that iran<.ports fi_i :h t ttz: re enterer 3 v:a;er or,c�rsion . to lu e va k t.� he body of v.. _c- If of"
f"sn mere diverted
1 'Fish ``c r t i , as uscd in Of>r2 6Y0- �O�U.t...} �.x ans a sc z n bar, c trapo, other pan nor at
er Ci,( •.
a0r11) a provide adel,nate P utedion o. fish rel."ted in I rovcinents n cessof y •o msi, <
-Ifecfive operMion_
>"t f istav a=:�nseoinOlAR >90340-0010,nuar anystructurv,` ih:vo?dc i e.se" tof.acdt;)!('up�fr ,
'
c) vnStrt am passa>~e of list! It)[ OURK OV(` `>r arour;d any reran made or natural wi ru r to i1 t c ff-v( nl(rrt.
ry i a.^rs799s nr;.an, atcr+oscdir;
"Rarrstland and Rangclnno'vianag e�l^rnt:' as ase 1 m C a oa cr_:9 U gor-
operatio..sconducts°d on or pe•r0imitg to foresthrnus and,ancc lands. Scch uSr..� may incl" ",c but er yot t m t< d
oforesfation,roc�dconstruciionandmainienince.flar.•estu�t;vegeta"•onmars,re�ntc,nLanddist:�o.alot;l•.sl
s!Y,+II not include irrigation.
"Groundwatei Re. ervoir` means a designated body oe standing ar inovinggroundwater as definead in oks
Group Domestic Miter Use'means the use of w21Pr for domru.ic water ease by,nor c' t h n orle resldcnce or
dwelling unit.
Hc.�'ary Co �>:unptiGn' !Y1e2nS the u5e of for tN, f l o",cs Jt ill int"inf "rink+nd sawtatic, I
Indu t i aI Water Use' �» .ns [he ust of :;at�r soolt 1 u'� f ? y-e" o n;an rf alure ai pr tads c 1
but'tu e riot lia'i tc.i to, constr,:chon ops '"t io rntf r'"ztinh.t m,ce or ,m in hisir i aI ite. f rc Ii res 'Ind "m
aur tai;>,ad t scs [x r PIC'S of tfyetse uses !ndude, but zi e not Ginitea to a,cneral r,onstrL ct of): e o str.cli' " •.,r
h eht ,k tr=�povo.r pi od,;cUun, .nduduaf, dov;•i bele hC2t e>cI nC,i Ind F oth"nn+' .e;�
U r i c f e't "C"'"
ss ;. "nif ttre proiecUon. Suds rse .hail not ux ludo i i{_ation o la 1,capr n ii to ai ce� (-",frr c i u
wot,:'it hstar"ding Jars definition, exempt ind,iciri,il v,Atc ruse° under Dsviswn 3,110 nuts not mdud n i ig,mon e.i L. ,I c.,;,:
naintr_•nan(e
i
n o�;" means the ort Ihcial off If tion of water to, "crops 01 pl pts I)y .or t r o8ed nc a, > to l r " vlr,--
ncops or frlants. E.x.+�Y;piCs of the. c u-1—include. b: are r,ot h iti.c-c,ng of i� ,gra ulty •.I
r-ante c I garcon ,tee tarm. orchard, pari:. golf cwrse. iai:;y, lield o vinevare and alkali lbatern, of
"ImirigWaterUse meanstile useofv%aterlor extraction, ordm(narygradm;,orf.r casin nfr .ae'a 0.
r.u" liter or eonstn,ction, operaT on anO Toa l of a n)4);ng site The c� ,se int " _ c. r� i rr < � : `
Imitcrc! to":cneralconstruction. road (oristructwa.and OLIStcon: rol Exami)IeSrrminnif,incl"dc,b�•t.r-enotl once."
af; regale. hard rock. ht-al, leacia and placer rninin�.
18 ,tv1un;cjp q Corporation' means any county. city, tovm or disuk t as de;tincd in ORS 195.010 car 198 180i th
autf:orc eel by lave to supply,,<<ater for 15u,11 and o'dinary n'+unicipal a[er LIS '$,
(29j " Munk ipa1101ater Use" means the delivery and use of <y ,ter tier ou(,h the Water Service system of 2 muni ipai
o, tnretio "for all .:diet uses usual and ordinary to such tyst'mS Exa ))pji,s of tt.ese vdt t :r uses sh211 idudc t.ut
lirr"if ecf to domes l i ✓ater use, irrigation of lawns and gardens. commercial v,.ai -r kise, nuru5tr i 1 fire;
xotect tt ungation and air"er water users in park and reucatioty fat ditie�.:antl street va,+shi ag. 5..c h uses sn'.11 !!of
nclude generation of hydroelectric poyver.
'tvurs<ry Operations Use means the Oso-; of V111tef for' oyer ation of a comn ere ial n;u s"sry which
temper awi e control. water nag of containerized stock, soil 'i <paraUon applicationof c:hernkals of ft r t iu'.cr " u
•vIlhill Fre,ahcusesand .acstoconstruct.oper,a'C-andnvintainnurseryfacilities.The useofvvster th',t:lI,n•n.ir
g y 'EXHIBIT 5Ic
a u-ations ccnsU e tGs a different use from field r ngat:ur Ir huu,,h that ma be a P--rt of nuryC r.
inis;.aionfornur.erv,torr,.s"°rhuseI.no,','st�ictcaio!lo dcliiaed „iia�ltwa ir-igatims ason.Page 2 of
2,
t,•• r r, �,,, „ ,,, „�,,,,�,ar,�;�„m„niv�c�nnRurwc artinn?sptartednivision=3194
12, 14,12 0 17 Oregon Secretary of State Administiative Rules
-11! which,
I ef V -V Of Percc ittibic, C',!(
In will Ct 0 I;xt flog. S Off I c pro II(A ty LW" I) ed by tr I c Ipp I ic, III-
I 'I!r (I I
;rsoi� a I I y of c-11 11 cont It 'tin' I III D
"Off �chm n e I
bed .Ind b,) , Ie. v"')! ( I, may mclum, tile colle(hor" of storm W, tel rkin
water years, does not
Of sc(-P,�P( which, during 'IvC(�JAC v j�j
proper tvowned! bythe al-tplicni-I!
(32)
'id1w,"."t Al ive Or budgetary ,ac,tion Of a pL.bli( body, or by ',")Fit!( 11 wok. or c
;roved 1. rust I o"It for) by hoi,h the public and Ill lvllc. Sl:r 101,
im-ein,the: use Or u t s of vJiter or lanc, A,jjcbr),Is:have becri
im, lude, billt are not firr.,iteo to, thr: uses approved in the eDlj(jes, provision,, and milps containec, III i)cknc),LA :"
city I rl(j cou I Ity cowpirc he w,lvc pians and ja ..
hand use regulations.
(34; .Pollution Abatement Of POILIti011 Prevention Mucl, Use" lmalvs the use
of vvatcr to dilute, tI','lI)SPOr tor V('!
pollution.
/3ij 'Powe=r Development MiteUse' int ns the III, Of the fv" of to develuip cle., 111(,] of. mcc 11:411k :al ;),;v--
EAarni,,lcs Of 011"'c- t,es include, hill are not lisped to, u)" lie, Of "J'Itel for the opci ation of :i "m Of ",ot
,end hyd; oCl(:, trt( pov;c" production,
the right 10 stow "I"Itcr W i3 1111SQ1%,du' (,I the \,;jjej I iht dcswfttf d by Inc
or flllj�
prm� iljl(, "k..ppiy for the. ii�t.)rx iz-,d Me, 0! If beell rn.-WI
ol�)f ttioff,
proposed Cerl"Ificate, ITIC'sn" a draft vc'[ siol) of a wxej fight certifi( lTe dcsLribilY. d ('Y't(
act Ill dj1VCloj.)ed undo the termsof,permit ol tis determined by field il',esIl9,lI
in the:
Protcst 11K.'lls j written statement cxpf ecmeIll -j proposed final order lh.-Il Olic-1;
manner and has lI ( 00te
,,-iSt dc, cribed in ORS537 145 to 537 240,
subject to cont! of by a local _,over lifnent enliT
39! "Public:Cot pototion" a corporation which );)(, at (,(I I,. serve i public p,zrposc of, and rail 11WAR
M ') local i"ovorn'tent and vvilk b . in part is ofgani.,
otixr suGPort haven{' monetary value. from such (;overnnreni.
p 1) the waicr ,r-rviei-s, nem of
.,ji Water rne�jjls the deliver! andkl�C Of'�",I tljf�)Ljg
forpor,iiion Other than apliblic corporation for the jl,xpose of operating ) water Supply system - Or I;'(; I 't
LJSI_Il� "rid ordinary to municipal water use, or a federally recogni;.eo Indian t; the 1,112)t OPCI;`ItCs avl�"Ql st�pply S!
uses usual and ordinary to a municipal cti�ater use. A it"' I right Sh,311 !Iol t)e grjoled Me Y
municipal pi Cfel-CII(C$ given to 3 111`11.iniCip3lity UlldCr ORS 53 7.190(2). 537.2 30(1), 537.352, 537.410(2), 540.51f'(=•
540.610(2), IT. or ft,iaw. preferences over minimum stf ealnflovvs desTn'-m-A in a baslo program_
Oil
if)(LA)iC feet rams
541' ..Rate: l"i [-)(fly Of Water for Irrigation" in �j(! c -i ct per ;-,c; 0 PC! yt:m that may br,' di"urtud for
nljlt:te t�jtv7 ;Irld the total voilline 0! Wal Ci"
if
III,! We appropi ;Ilion of for if)"
42� Rec for I?,., )"C"Wil "Call' ' Per')'
he uw Of vvater for pl-ny. or
X43;Recre"mon Water Use" means the Zolw Of
ldin,g. srI)i Fl! - l 1)�, III, I epic \,,alues (44� Rip,
b,j are Ilot irlikited to hosting, fishing. w,
anJt:011 it Of) Oil aql.,alic ecosystem to ) terrestf ia! ecosystem, depvnoIlt U -Pon surt,( C, or cAlb>Ilrfacct� V.atl!" 1
xistif,g or potential soil -c,1( tMioll colllp'lcx. the Illf1twoce of Such SJrfX(- 0,
r ci-als thi 04,1) tile 70"C's e
z,dja,er! to , Iske. esl�,af Y, pothole. so' Ing, Itog., v,!ei. lllce-(Iovi
r�par I) ij,ej may be located
�Olcfncrz
-lijiltemnittentol perclirlial strc,, In
-oprj�luol', Of F�f OLPICA'N'itc, %vhi, V-1,
�I-O
ITI(,al)s permit`o the tllll) I
"Se( u!�opry G? OLMOW-11tef Per 'I"'
ise of j recharge permit of certificate
iii slockw:itcr Utc, means thew( of Ovate; for cons.11llp,Jon uy (110ITIOStl(ated ajjil)ajs and vvild
captivity as [lots or tot pi ofit,
(47) , Stot ale` meHvis the retention or impoundment Of Surface 01 groundwater by aI ial 111('ar's for Prlblic. Of i)!
uses and benefits.
(48) 'Stored 42echargs Water" means grouncv,,Aer which results from artificial Z, rechai ge
t419) "Storage Account" means a net VOILIMe of )I t�f dally reCh'll 'rud gi 0LIj-,c.,wjj(.,r Nh - loch it, calculated for
-Mit WHO' ICCO1 df�S "C"I"'e'[15 te'EXHIBIT 5
re(1131-1,c activity h-ol, j, for(jjkjjj S4)c.cih(-!d In a singlc rechtirgC per
f,ciaj re. ,,,I ge and dretletions troll, ;j g,! ojndv.,,iier I esel VOir DY PuMP1110 .'ld 11'-I
tu
Pa& 3 of 4
qr.tion?qp.lprtpdDivision=3194
Oregon Secretary of State Administrative Rules
�tol m VV =terWater Uq', rnemvs ji,e j11,C, 01 sJoj �g(! of ,aatc:r in any s11 .ICALWn Or (11
llwintAjnecl to colioct and filter, retain or d(1:4in lUr fZIC< Jr,Qff (401 il)f
fit; p.11 of -" atter l4o2111Y irnnrovernent. nooc' control Or wcl_jwotcr liol-I 11 may :lko l,
!(:jt"; QK SUCh ;3S ',VH1,ll)(k iNW'cl qualit VII i,h <11 i* vil-)illl,)iI'ed I', .-tent v_itt
q_'jhty
511 "str .tn A, :d Fnhincer"i—t WM-er U�e ho te of rt tr r o or ktnliaw' e , zt, E Ill
wn,.Cl RiF111 or suppiclTient'-,j VJjti,! use P, incanx �ln r 'v of
C u p 'I (f( fi( v 11 jljj)ply if Q11i -if 1 (,.Xf!,t rig v,3t._,r rig h I .A S,,p I) I ,11 IN : jt;' I W`(4I I
'(City
in.'x.y I it,
(53) "Sit, plus l.Vlie, "', wl"In" 111 w.1tel-s in excess Of those, lj(;ecjecjj to current
aisirnf, rights and nin3irnum
by the C(.)�
(541t 1 C,: at I I rf, Control" meIn" t he of wafer to Protect IFIdamageo%,vingopmn fronI
i txt! CHIC "WM
iSs; "taw"fe, , nical)" it char rxof use 0r f)kRe Of OW Of point of diversion of a vvller
that has been dlv(el tt�cj undt-i an authorized ,,,3ter right oifwr it is 1)
t!,,o c ! i -,at rTht but has not yet returned to the diann0i Of a " ti it stream In an i(rigpition (Istn 0),
tewxvl- of :i 1 ;w..ividLi,d LjSff k- not subject to appropriation until it the boundaries of t13(: distri( I. VV,
doned to the channel Of I lIAtUI',,I < ream becomes r pm t of it),it stream and Is cLJI),('(! 110 appr< f,rration
571 -310,011'
71 Watei i';Av1iI,1LIC,' Oil ien ij-,ed in OAR 690- 310-0080, 090 1) and 690 310-0130, mean
tai The (Iml(_Sted source i; rot over-,ipptopri,aed under CAR 690-4000010 and 690.:710-0070 any p,lic.kv
tw
he a,,pll( wl e n "how Ill( th" p( '10c of I'llic, ill Vni;
ojrfer'nol
d) 7hc applicant tt:as oheainc�d Ur has shown. the applicant (,-:n obtain iUth()l lllt'011 to uw w'Itk,f
,00j(,tooiovidclvmcr
It "he applicant has _hewn tll('Y can obtain ;lut.101 1.,_atjoj) to Use V,Zlter from an ilici jmllc source CUI tlli
appjic,lnt obtains authorization for use of viirer froth the c;N:lT,-lt0 sourre.
the uutantityo`
meet the cl'.pccted demands for all lights at least 50 percent of the tone curingthm period.
VV,iter Avirillbilivv means the investigation of stro.7ti-i-I floov, or gr Our 'Df Jr,
r'e,
_Ords. fliw,, I CQUit ements of cxistrf,,I, water
rights, stj now I nodefing i
in i I I I'll, 17 1-, perennial s 1 r, If101,% s, or sce o; c. wa te rv, alf flow r ec U i I erne 11 t s to d C te , m j ne if ,,latcj is nvni I bre to rlj;)
proposed water use.
Water RightS I t 0 nv,a right estabIIshcd by' --court define ol evi j (,!),, e d by I i d L
I for .v h I ( i I proof OrI :,I,nt, tic i Fn tie 0 water under -I lva 10 t r: gh t Oe! 11' i t of transfer fine bee-
ubmittrdt rod ': pp! 0 Ved b"f t he Di! I ;., r t of licl t f 0 % Ii I r 1) � I, I I I (I c a I (. ", " s n ") t y c" t bee n I Ss cid.
60, WC, I !, , p 1 e i Is x) 'i I Q a thA i,: i nj, )(",;I t e d o r o r,ar_�d I-, 'A i f (,Ic ,C, I g, ow Id i. l I e �l Of Li 11
j ffl:, i c- f I t if t and that LiIll Iu1 nor cc ( Ll I IIS 1 .41 Ic os uI u supnor t, a breva c nCC 0, vc:e, mall,
life. to 1,atui,ile(t toil conditions.
Enilmleenxot Miter- Jw, rne3;'s tl'&' Us(' of 0 1 estoi,", ol of, nl,.,milasn
;621 "\Nildlife vd,jtei U5c means the osc of 'I"a"ef bY or for sustaining vJIdhfC species and their hubiiaK
Statutory/Other Authority: ORS 536,027
Statutes/Other Implemented: ORS 536 537. 539. 540 6,. 54.1
History:
'AIRD 1-2012.E 1-31- 12, C! t cf. ?-I- I-,
VvRD 2-1998, f, & cert. of '013.93
WRE) '._1996. f. & cc..t t. ef. 3.15-96
EXHIBIT 5
Page 4 of 4
4/5
��� � Ith"rst
v�aters h ed s
GLENDA ANDERSON
THE PRESS DEMOCRAT I April 12, 2014
depleting Horth Coast
Streams in Northern California's prime marijuana -growing watersheds likely will he
sucked dry this year if pot cultivation isn't curtailed, experts say.
"Essentially, marijuana can consume all the water. Every bit of it," said state Fish and
Wildlife Senior Environmental Scientist Scott Bauer, who specializes in salmon recovery
and is working on a study of the issue.
The findings, expected to be released soon, shed new light on a massive, largely
unregulated industry in California that has been blamed for polluting streams and
forests with pesticides and trash and for bulldozing trees and earth to make clearings
for gardens.
A sharp increase in water -intensive pot cultivation, exacerbated by drought conditions,
adds to the habitat degradation and threatens to undo decades of costly fish
restoration efforts, Bauer said.
"The destruction of habitat is actually quite staggering," said Patrick Foy, a spokesman
with the state Department of Fish and Wildlife.
Last year, 24 North Coast salmon -bearing tributaries were reported to have gone dry,
Bauer said, though not all were verified by the agency.
Even without drought, there isn't going to be enough water to meet the pot industry's
growing demand, Bauer said.
dust the illegal marijuana plants confiscated in California by law enforcement in recent
Page 1 of 6
years — between 2 million and 4 million annually — use upward of 1.8 billion gallons
— or about 600,000 water tanker trucks over their five-month growing season, based
on the average water usage documented in the study.
That amount is enough to stanch the seasonal flow of many small creeks in the region,
potentially stranding the young salmon and steelhead that decades of taxpayer-fundef
efforts have sought to restore.
"It's really an important issue for fish," Bauer said. "We've invested a lot of money in
these salmon and steelhead stock."
The North Coast sits at the center of the escalating environmental crisis. Its remote
forests and seemingly ample water supplies have long made the region famed territory
for West Coast pot cultivation, earning three counties -- Mendocino, Humboldt and
Trinity --- the much -trumpeted "Emerald Triangle" moniker.
That notoriety is now marked, however, by the signs of widespread environmental
degradation, endangering the region's clear, free -running streams and the wildlife that
depends on them.
"I think it's really important that this industry, which has brought so much wealth to
our communities and the region, take responsibility for its impacts," said Scott
Greacen, executive director of Friends of the Eel River.
The state study Bauer led examined three watersheds in Humboldt County and one in
Mendocino County, all of them renowned for marijuana cultivation. They include two
near Redway, one near Orick and one that includes Willits.
The Redwood Creek watershed near Orick drains into the ocean. The other three
watersheds feed the Eel River.
Using satellite images, researchers determined that an average of 30,000 plants were
;rowing in each of the four watersheds in 2012, an increase since 2009 of 75 percent
to 100 percent, Bauer said. EXHIBIT 6
Page 2 of 6
"t/Ve were able to count every plant and measure every greenhouse," Bauer said. The
pot gardens they found ranged in size from 10 plants to hundreds, he said.
he greenhouse -plant counts are estimates, based on the size of the structures.
Researchers estimate each plant consumes 6 gallons of water a day. At that rate, the
plants were siphoning off 180,000 gallons of water per day in each watershed — i'
altogether more than 160 Olympic -sized swimming pools over the average 150 -day
growing cycle for outdoor plants.
"We're still fairly shocked," by the results, Bauer said.
Some marijuana advocates have taken issue with the 6 -gallon -per -plant estimate,
saying daily water use is considerably less. But Tim Blake, founder of the North Coast's
Emerald Cup cannabis competition, said mature, tree -sized plants need closer to 15
gallons a day.
Plants grown in inland Mendocino County, where it's hot in the summer, will use more
water, while those in cooler regions can use less, Blake said. He estimates it takes !;.f,.
60,000 gallons to 75,000 gallons to raise 25 plants, the current limit for medicinal
marijuana in Mendocino County.
Sheriff Tom Allman has estimated there are more than 1 million marijuana plants
being illegally grown annually just in Mendocino County. That doesn't include medical
marijuana gardens.
Water and wildlife officials don't base their investigations on whether the marijuana
being grown is for medical purposes. Instead, they look at the violation of laws meant
to protect natural resources, including forests, soil and streams.
"if the operator is not in compliance with environmental laws, then they're not legal.
That's the way I look at it," said Stormer Feiler, an environmental scientist with the
North Coast Regional Water Quality Control Board.
EXHIBIT 6
Page 3 of 6
The new study escalates scrutiny of North Coast pot cultivation and is likely to inflame
a debate that has raged for years among supporters and foes of marijuana farms. The
issue has even split growers in the industry, which has an annual estimated value that:
varies widely, from $10 billion to over $120 billion.
Until now, few official statistics have been available to inform the water -use discussion
about marijuana. That is unlike the attention on other land -intensive industries,
including the North Coast's famed wine crop, where water use has been documented
and watched for years.
But with logging activity on the decline across much of the region and a thriving black
market for pot — plus state -sanctioned recreational marijuana sales in Washington
and Colorado — the spread of cannabis cultivation is now seen by many
environmentalists and government scientists as the greatest threat to forests and
streams damaged by decades of heavy human use.
"There's no real question the marijuana industry is now the biggest single sector in
erms of our concerns," said Greacen, Friends of the Eel River director.
He said regulating the industry and its water use would go a long way toward fixing the
problem.
if growers collected all their water during the rainy season and stored it in permitted
tanks or ponds — like many other farmers --- marijuana's water consumption would
not be such an issue, Greacen said.
Blake, the Emerald Cup founder, agreed. He said most locally based growers are
conscientious, both about staying within plant limits and using their own springs or
buying tanks of water. But there are others who buy, rent or trespass on water -short
properties and then divert water illegally to grow their crops, he said. Law enforcement
officials say such growers also tap into neighbors' springs and water tanks.
"It's the big commercial growers that are giving all the people who have been doing a
EXHIBIT
good job up here a bad name," Blake said. Page 4 of 6
Dale Gieringer, state coordinator of the National Organization for the Reform of
Marijuana Laws, a group that advocates for marijuana legalization, said growers are
taking too much of the blame for the state's water woes.
I don't think marijuana is responsible for most of the water problems in California," he
said. But, if the marijuana plant counts cited in the study are correct, "that could have
an impact" in those watersheds, he acknowledged.
Wildlife officials are quick to say that many local marijuana growers are following the
rules.
But there are quite a few who don't.
Fish and Wildlife officials last year investigated 264 marijuana -growing operations in
the state and helped remove 129 illegal dams being used to irrigate pot, said Capt.
Nathaniel Arnold, who runs the department's statewide marijuana team.
Of those operations, about 70 were in Lake and Mendocino counties, he said.
North Coast Regional Water Quality Control Board officials investigate about 30
marijuana -related cases a year, said Feiler. The board oversees all or parts of Sonoma,
Mendocino, Lake, Trinity, Humboldt, Glenn, Del Norte, Siskiyou, Shasta and Modoc
counties.
Agency officials say they are limited in what they can accomplish because they are
outnumbered by marijuana -growing offenders.
"We just don't have enough staff' to investigate every complaint, Feiler said.
The cases often take years to investigate and prosecute.
State regulators recently worked on three cases, each involving an unauthorized dam
on one tributary to the Navarro River in Comptche, west of Ukiah.
Another case involves a Willits -area property rented to marijuana growers who used
bulldozers to clear several acres of forest. EXHIBIT 6
Page 5 of 6
On I Friday, the Oakland landowner, joung Min Yi, reached a settlement with the state
that requires him to pay $56,404, in penalties for state and federal water code
,iolations.
He also is required to restore the land, work that has reportedly cost more than
$80,000, Feiler said.
Most cases pursued by water regulators are resolved through civil fines rather than
criminal charges, in part because it requires fewer resources, he said.
Marijuana growers aren't the only ones taking water without permission. Last year, a
Mendocino County vineyard was fined $33,800 for diverting water from an unnamed
creek into its irrigation reservoir.
Legislators have proposed stronger environmental protection measures in response to
the problem. Pending state legislation would boost funding for water and wildlife
investigations connected to illegal marijuana cultivation.
,n Mendocino County, Sheriff Allman has initiated a water theft hotline and said cases
are being being vigorously prosecuted. The District Attorney's Office does not have
statistics available on water prosecutions, spokesman Mike Geniella said.
The Department of Fish and Wildlife has put together a team dedicated to dealing with
marijuana, Foy said. Water and wildlife officials also are asking marijuana growers to
learn and follow water regulations. The State Water Resources Control Board website
has information about obtaining permits to collect and store water.
The permits and requirements apply to any site preparation work, "regardless of crop,"
the state website notes.
Still, regulators and environmentalists are concerned that the explosion of marijuana
in the region, without greater controls, will ruin the landscape for everyone.
"It's the tragedy of the commons," Bauer said.
EXHIBIT 6
Page 6 of 6
A 4k I� I f? [an Uses HOW Much,
k?e
TOFA PHILPOTT APR. 16, 2014 10:00 AM
Dude, where's my stream? <a href="http://www.shutterstock.com/pic•519S4583/stock-photo king-
saiman-awaits-rsfaase htm]?src=oCb3CovlVUvdofodhH1SrA-1-33">Doe Hogen</m>/Shutterstock
Like college sophomores philosophizing over bong hits late at night, the California
North Coast's booming marijuana farms languish in the smoky haze of paradox. On
the one hand, they're hype rregulated—that is to say, illegal (with the exception of
farms licensed to grow for the medical trade). On the other hand, being illegal,
they're essentially not regulated at all, as my colleague Josh Harkinson showed in a
recent piece.
A rogue grower tending a plot on a California state park isn't worried about
running afoul of state fish -and -wildlife authorities for illegally diverting a stream
for irrigation. instead, he's scrambling to avoid being busted on federal drug
charges --and will thus grab any resource necessary to churn out a fast and plentiful
harvest.
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EXHIBIT 7
YOJR EMAIL Page 1 of 3
And with California's drought settling in fora long, hot summer, that's bad news for Give a gift
ecosystems that rely on the state's increasingly scarce surface waters—including the t3_�c subscription
once -prolific Northern California salmon run. A recent article in the Mendocino today and save.
County Press Democrat shows just how dire things have gotten in the state's pot
570 HOLIDAY SPe(:?A:
.n -heavy °Emerald Triangle" (Mendocino, Humboldt, and Trinity counties).
The piece looks at a forthcoming study from
the California Fish and Wildlife Department
/ on three key Emerald Triangle watersheds.
it�7'Iant Using satellite imagery, the researchers found
BUmes slr, that pot cultivation had skyrocketed in the
)ns of mifate areas since 2009, rising between 75 percent
da I/ and t o percent. The three watersheds
contain an average of 30,000 pot plants each,
they found, (Here's a nifty map). And they're
thirsty, According to the Preis Democrat, "Researchers estimate each plant
AV,`
consumes G gallons of water a day. At that rate, the plants were siphoning off
r8o,000 gallons of water per day in each watershed—all together more than 16o
Olympic -sized swimming pools over the average t5o-day growing cycle for outdoor
plants,"
Mind you, that's just in the three watersheds the researchers looked at. According
to the Press Democrat, there are more than t million pot plants in Mendocino alone
,ot counting legal ones licensed for the medical market.
Already, the region's salmon tributaries are under severe pressure—as many as 24
went dry last year, the Press Democrat reports. And even without the drought, there
just isn't enough water available to keep the pot crop humming and the salmon
moving along, state Fish and Wildlife Senior Environmental Scientist Scott Bauer
told the paper.
And water diversions aren't the only vice indulged in by large-scale pot growers.
Last year, the North Coast Regional Water Quality Control Board listed a few
others, including land -grading and dam -making that leads to stream -clogging
erosion; wanton use of pesticides—most egregiously, wildlife -killing rat poison;
and "discarding of trash and haphazard management of human waste."
Of course, like any other crop, pot could be grown in ecologically responsible ways.
For example, "if growers collected all their water during the rainy season and stored
it in permitted tanks or ponds—like many other farmers—marijuana's water
consumption would not be such an issue," one environmental watchdog told the
Press Democrat. And in dry years like this one, at least some pot fields could be
f -slowed, leaving more water for wildlife.
But since pot farming is illegal, growers have Iittle incentive to act as land stewards. EXHIBIT 7
Indeed, they tend to sneak onto—and trash—state and federal parkland to plant Page 2 of 3
their illicit crop. if pot farms were legal, growers could be held accountable for their,
environmental footprint. As one activist told } larkinson for his Mother Jones story,
"It is not the growers who are a disease. They are just a symptom. The real disease is
die failed drug war."
01'course, legal agriculture isn't a paragon of environmental responsibility, and
criminal pot farms aren't the only operations wreaking water havoc in California,
As I wrote recently, the state's ag-Heavy Central Valley is currently in the midst of
sucking dry its fossil water resources, driven largely by a boom in tree nut
production and a near-complete lack of regulation of groundwater pumping. The
situation has gotten so dire that even big farming interests, which have for decades
fought back any pumping regulations, are openly considering the possible need for
smarter water rules.
But that debate can't even begin among pot growers until they can no longer hide
in the shadows cast by the drug war.
GE THE SCOOP, STRAIGHT FROM MOTHER
ENTER, YOUR kfyritait.
TOM PH(LPOTT W
SUBMIT
,., Torn Philport is the food and a correspondent for Mother Jones. He can be reached at
Tr tphilport,�motherjones.com, or on Twitter at @tomphilpott.
.'Mother Jones is a nonprofit, and stories like this are made possible by readers like you. Donate or subscribe to help
find independent journalism.
EXHIBIT 7
Page 3 of 3
Staff Memorandum
Attachment E
Public Comments from 247 -17 -000645 -CU
Cynthia Smidt
From: teamrusselIbend@gmaiI.com
Sent: Thursday, August 17, 2017 5:44 PM
To: Nick Lelack; Cynthia Smidt
Subject: Comments re: 247 -17 -000645 -CU
To Whom It May Concern:
I was made aware of the application for the marijuana production facility at 20420 Harper Road and wished to make a
few comments as I reside nearby. My comments are:
1) 1 do not think an exception should be made for this property regarding the 100 foot setback of marijuana
production from the property line. My reasoning is simply, why should an exception be made? If they are
asking for the exception simply to save costs to use existing buildings I find that to be a poor reason to
circumvent the law. This is a business we are talking about. Businesses have overhead costs. Why make
exceptions to this already lucrative industry? How is this any different than a new business going in at an
existing facility having to retro -fit things to fit their needs? It isn't really.
2) Are they planning on maintaining their horse riding business in addition to growing marijuana on the
premise? If so, some consideration should be given to the fact the place will have children on the property
where controlled and potentially harmful substances are being produced.
Thank you for your time. Feel free to contact me if you need additional information from me or have information to
share. I can be reached by mail, email or cellular phone.
Sincerely,
Thomas and Molly Russell
66165 Cline Falls Road
Tommy's cell: 541-678-3042
Cynthia Smidt
From: Dan Hebrard <dhebrard@msn.com>
Sent: Friday, August 18, 2017 7:53 PM
To: Cynthia Smidt
Subject: Forwarded after I sent to Nick Lelack
Attachments: imagel.PNG
Sent from my Whone
•ssoo U.S. Cellular ^ 7:52 PM
2 Messages
1 Bent wire ranch public corn...
I too would like to express my concern
with the exception request at the Bent
Wire Ranch. Marijuana growing is a big
money industry, the applicant is not
growing for personal use, but to make a
profit. As in any business you must have
capital to start up. Part of their start up
should be to build a new grow facility, or
move to a different location that suits
their needs. Us here in Tumalo have been
overrun with these grows, it's ridiculous,
stinky, and pulls in for lack of a better
term shitbags to work them, who are
constantly broken down on the side of the
road. This is a land of laws, stick to them,
enough is enough
Dan Hebrard
66345 white Rock Loop
Sent from my Phone
FA
Forwarded after I seat to...
Cynthia Smidt
From:
Jim Henson <jim@hensonbiz.com>
Sent:
Monday, August 21, 2017 2:36 PM
To:
Cynthia Smidt
Cc:
nunzie@pacifier.com; Nick Lelack
Subject:
RE: preliminary comments re: 247 -17 -000645 -CU
Hello Cynthia Smidt,
I would like to comment on 247 -17 -000645 -CU, which I have only been hap-hazardly informed about. I did read the
application paperwork online. I think a public hearing is to be called for, and I submit these points below to recommend
that the applicant be required to conform fully with all ordinances as written.
If Pot is grown in a closed building, where no light escapes, and no smell escapes, and presumably, the excess water is
recycled, then why don't they do it in a warehouse in central Bend? There is no need to do this in a farm area on top of
good soil.
This land is about 1500 feet from my property, and mine is the 2 d driveway past theirs. I object to the urban rule on
who you notify about this (1000 feet?). I got no notice at the 2nd driveway away! Can you perhaps notify the nearest 100
land owners? Is that too much to ask?
An initial request of 600 square feet seems benign, but let's talk about the future and what that setback variation would
do when they wish to expand the business to 2500 square feet. There is a reason the laws/rules specify 100 feet setback
today. With the maximum height allowed of approx. 30 feet. The shadows cast at 65 feet across property lines last
hours longer than if it was 100 feet back. Light, noise, smells, dust are all considerations in a ranch community, and with
the 5 and 10 -acre parcels here, you cannot lie to yourself that this is not a residential space. The residents strive to
preserve farm uses and preserve open spaces and a high quality of life. This is not an industrial area. This is not a
marijuana processing area. The power lines do not support industrial power users. Then roads do not support heavy
trucks. There a no street lights and we do not want any, All drinking water is ground water wells, and all sewage is septic
tanks and fields. Marijuana production is no more appropriate here than in the Broken Top subdivision.
If the applicant land is truly MUA-10, and not a combo of MUA and EFU, then the historic purpose is for farm support
businesses like tractor repair and welding. Do not subvert the intent of the zoning. I happen to know that the Bent -Wire
land has been fertile as horse pasture, irrigated and green, for at least the last 8 years, continuously.
Each variance from the laws/rules as written weakens and cheapens this rules. If the Public wishes to revise the laws,
then let's have that debate, but for administrators, who are not elected, to weaken ordinances arbitrarily is a violation of
our trust.
My experience in just the +-1 mile of my place is that the spirit of the law is not enforced and the CUP variances are
subject to favoritism. This is very disappointing.
Please do the right thing.
Jim Henson
66255 White Rock Loop
jim@hensonbiz.com
AUG 23 2017
August 27, 2017
y
To: Cynthia Smidt
Deschutes County Planning Commission
Deschutes County Code Compliance
From: Dan Noelle and Rosie Sizer
20480 Harper Road
Bend, OR 97703
Re: Application for conditional use for marijuana grow
Chris and Lucinda Baker
20420 Harper Road
Bend, OR 97703
Dear Deschutes County Planning Commission,
We are writing to you to express our opposition the issuance of a conditional use permit for a marijuana
grow to Chris and Lucinda Baker at 20420 Harper Road, Bend 97703. We are opposed to the permit for
the following reasons: effect on property values in the immediate neighborhood, deleterious effects of
a grow operation (particularly odor and crime), and the Bakers' willingness to follow the rules and the
capacity of the County to enforce the rules.
My wife and I have combined have over sixty years of law enforcement experience. We know from
direct experience with dozens of in -door marijuana grow operations that the growing of marijuana
produces a pungent and noxious odor. Our home is in direct line with the prevailing wind pattern in our
area. We are also more than aware the drug activities—to include grow operations—attract crime. The
Bakers's property borders Bureau of Land Management property, which would facilitate either burglary
or robbery of the Bakers and also the other properties in the development.
The Baker's property was one of four properties developed in the mid-1990s. The other properties
(including our property) sold for over a million dollars apiece. At the time the original property was
subdivided there were covenants, conditions, and restrictions (CC&Rs) put In place. We have attached a
copy of the CC&Rs to this letter. My wife and I have lived in the neighborhood for seven years. The
Bakers have disregarded the CC&Rs for at least the last seven years by operating a horse boarding
facility and a light manufacturing facility. The light manufacturing has been in violation of the CC&Rs
and also county code. Additionally, we met with Chris Baker on August 18 to express our opposition to
his application. The sign required by code indicating there was an application for a marijuana grow
permit was removed on or before the 2121t of August, thus concealing the application from other
neighbors or interested parties.
Given their inability to follow CC&Rs and county code during the last seven plus years, we have grave
doubts that the Bakers will follow code regarding the operation of a marijuana grow --despite their
protestations otherwise. With this in mind, we have several questions for the County:
1. What can we expect from the County should there behave complaints regarding the Baker
grow operation? Can you assure us there will be a timely, fair, and effective response?
2. Will the County inspect the Baker grow operation to ensure the it is and continues to be in
compliance with the law? On what kind of schedule?
3. What does Deschutes County do to ensure that the marijuana grown in permitted operations
goes to legal markets? Bill Williams, the US Attorney for Oregon, recently reported that the
marijuana market in Oregon are saturated and too much of the marijuana legally grown in
Oregon is illegally exported out of the state.
We are extremely interested in hearing from you about these questions. And we thank you for your
consideration of our concern .
DAN NOELLE
ROSIE SIZER
DESCHUTES COUNTY
COMMUNITY DEVELOPMENT
117 NW Lafayette Avenue, Bend, OR 97701
Telephone (541)388-6575, Fax (541)385-1764
CGDE ENFORCEMENT COMPLAINT FORM
Instructions: In order for you complaint to be accepted, you must fill in all questions completely and
sign on the back of this form. It is:important that you supply as much detail as possible. If you have
any questions, call code enforcement at 541-385-1707.
Date:r
Z tDLk'?0
- - - - Zi 1 i 0.1
City: _ p� ---
Nearest Cross Stree :� 1�� ��
Subdivision: ---
Residents Name:, PCG Phone:
Owner of Property.
Address:, - --
City: State: _ Zip:
Details of Complaint (be
ARE THERE ANY KNOWN OR SUSPECTED HAZARDS AT THIS LOCATION?
JE: Dangerous or u stable residents, dogs, criminal activity, etc.
( ) YES ) NO ( ) UNKNOWN
If yes, please identify the hazard in detail:
**** Continue on reverse side ****
The top portion of this side is required and must be completed.
Complainant: (Your Name)
Name:—
Address- 64 o k` 1p
City:___ . State:
Daytime phone #: 5 0 � - `'i �-.� >
Can violation be seen from the road?,( ) Yes
03
No If not, what is the best inspection point?
Is the Complainant a neighbor? )—Yes ( ) No
--
The complainant gives the Code Enforcement Technician permission to use their property for
viewing the violation: N" Yes ( ) No If not, why.
Will you, the complainant, testify in court, should the need arise?} Yes ( ) No
(Note: your complaint may not be accepted without your being available to testify.)
If you have photos, or other related information, that can be used as evidence of this violation, please
submit them with this form. The submitted documentation will not be returned and will become part of
the complaint file.
By signing below, I declare, under penalty of perjury, that all information submitted on and
with this form is true and accurate to the best of my knowledge.
COMPLAINA T
"�i-lac_
DATE
Thank you for assisting in making Deschutes County a better place to live.
Your Code Enforcement Staff
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FOR OFFICE USE ONLY
Subdivision:
CE Con,Diaint Fom-i Rev. 04111 Page 11 2
Lot:_ Block:
:.•prt. •• .1J`" i. ...._ ...
µ 48o5
Declaration Of Protective covenants, conditions, 5 .,. u fj J7
And Restrictions For The
Harper Parcels Of Partition. 396 et 0313
Minor Partition MP95-45 and MP95-46
THIS DOCiH W IS'"Inc RE-RECORDED TO ADD THE COREECP LWAL UMMS MONS.
Recorded December 28, 1495 in Book 395. Page 0657 UM; 195-•+44805
1. Each parcel shall beused
for residentialot purposes
only. single-familydwellingsshall
( ceed
two (2) stories in height,
2. The floor area of any site built house shall not
be less than 1200 square feet, excluding porches,
ofcks and manufacturedehome is1strictlyor any otherprohikind
prohibited.
3. mare than 12etio atapermanent
construction
elresidence.
elapse for cocapl
4. setback line shall be at least 25 feet back from
all property lines to any structure upon the parcel.
5. All driveways +smt be.comPosed of cinders, gravel
or asphalt.
t 6. All land owners must comply with the laws and
regulations of thestate of Oregon, county of Deschutes,
and any agency with jurisdiction to fire protection,
building construction, water. sanitation, and public
health.
7. No commercial, industrial, noxious, or OLU06ive
' tzade or actiwttiG shad.L b@t-.&UowffP e'"Xny time
s. Each parcel and its improvements shall be maintained
# in a clean and attractive condition, in good repair
and in such condition as not to create a fire hazard.
No property owner shall litter their property with
metal objects or other objects, thus creating a
visual disturbance and degrading the overall appearance
i s of the neighboring properties.
t 9. These restrictions may be amended or modified at
S any time by the affir"Uve vote Of three-fourths
: of the current prOperty Owners.
Mike Constantine
G';!yia State of Oregon
?' :w cotinry of Deschutes December 28th, 1995
FersonalLy appeared the above named Michael Constanttim and acknowledged the
WITNESS my andtto be his offit"I sealleretaty act
embamed.
t,3 " � AFT Wt RECOxDRtC
�{ %, --� rrcc A &u i REBORN To;
► i ``w,e p�� ��,"`•LL fyU n N�o.oh P.O. nor 2g2 -
4VJ L Notary Public for Oregon Aid FxpiafseE� t�2 Terreboane. O8 977b0
s
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4( r
August 30, 2017
To: Cynthia Smidt
Deschutes County Planning Commission
Deschutes County Code Compliance
From: Robert and Ann Garey
20460 Harper Rd.
Bend, Or 97703
Re: Application for conditional use for marijuana grow
Chris and Lucinda Baker
20420 Harper Rd.
Bend, Or 97703
To Whom It May Concern:
We are writing to object to the development of a marijuana grow facility on the property of
Chris and Lucinda Baker; at 20420 Harper Rd. We object for the following reasons:
1. Protective CUR covenants were created in 1995 at the time the four properties
were created on Harper Rd. (copy enclosed). The purpose of these restrictions
were to keep the properties private, quiet, and valuable. The county has created an
extensive list of regulations for grow facilities. The first requirement for success is
for the applicant to be compliant. The Bakers have shown they will not comply
with the restrictions of the covenants or codes of the county by operating a light
manufacturing business on the property for years. People who cannot follow the
county codes and CC&R's in the past should not be trusted to run a grow facility
properly.
2. The security risks to our properties are immense. A grow facility has the potential
to bring a criminal element to our quiet secure neighborhood. BLM land that
borders our properties make easy access to all four properties. Armored trucks
arriving every six weeks to collect the product only highlights the growing activity.
This all requires the placement of security cameras, lights and other protective
measures on our properties at a significant expense.
3. The environmental impact will also be negative. There is significant noxious odor,
light violation and mechanical noise created by a grow facility. Deschutes Co. is
known for it's fresh air, limited light pollution and quiet ambience; this will
certainly change. Our property values will decline.
4. Finally we question the counties enforcement of the codes. Enforcement is the
second important aspect of the county being successful; rules are only as good as
the enforcement. Does the county have regular inspections planned? What
regularity? How will complaints be handled? Lack of enforcement will create
potential lawsuits for applicant, the neighbors, and the county.
We have asked the Bakers for reasonableness and common sense in this matter. They
responded by taking their notification sign down so no one else can respond. We only ask
the same of the county; we hope we get a different response.
Sincerely,
Robert and Ann Garey
i 1 3s IS - 96-oo656 q!5 - 44805
Declaration Of Protective covenants, Conditions,3 9 5 w t1657
And Restrictions For The
Harper Parcels Of Partition. 0313
Minor Partition %MP95-45 and MP95-46
TRIS DOCUMINT IS•BEINO RE-RECORDED TO ADD THE CORRECT LEGAL DESCRIPTIONS.
R"orded December 28, 1995 in Book 395, Pa6e 0657'DCR; 195-44605
used for
}, Each only.parcel hall Single-familyedwellings shall enot aexceed sea
f two (2) stories in height.
2. The floor area of any Oita built house shall not
be less than 1200 square feet, excluding porches,
decks and garages. Mobile homes or any other kind
of manufactured home is strictly prohibited.
3 No ime shall
elapseefor acompletion n 12 sofoaspermanent truction tresidence.
4. Setback line shall be at leant 25 feet track from
all property lines to any structure upon the parcel.
5. All driveways must be composed of cinders, gravel
or asphalt.
s 6. All land owners must comply with the laws and
regulation$ of thestate of Oregon, county of Deschutes,
and any agency with jurisdiction to fire protection,
building constructions water, sanitation, and public
L health.
7. t.radecommercial
activityindustrial,
noxious,
be allowedatranyoffensive
time
upon any parcel.
a. Each parcel and its improvements shall be maintained
in a clean and attractive condition, in good repair
Y and in such condition as not to create a fire hazard.
No property owner shall litter their property with
metal objects or other objects, thus creating a
visual disturbance and degrading the overall appearance
of the neighboring properties.
9. These restrictions may be amended or modified at
any time by the affirmative vote of three-fourths
of the current property owners•
Make Constantine
e ,•'iii State of Oregon
?_ !• r� ` County of Deschutes December 28th, 1995
�v Personally appeared the above named Michael Constantine and acknowledged the
h �'`• foregoing instrumant to be his voluntary act and dead.
WITNESS My hand and official seal. Arr8R RECORDING
:C sgA�t�y RETURN To:
i L*C0111,11
iP,O. BOX 292p �ryTerrobonne. oR 97760
y Public for OregonpIREAO:C21,19pa .
4
aXHISIT A 3 g - 0315
A parcel of land located in the Soutlnpest Quarter of the Northwest
Quarter (SIV14lNW1/4) of Section Nine {9), ?owttshtp Sixteen (16)
South, Range Twelve 02), Gast of the IlYllamette Aft ridian, Deschutes
County , Oregon, more particularly described as Parcel 1, of Allnor Land
Partition 111P95-45 and filed December 28, 1995, in the office of the
County Clerk, as Plat Partition 1995-6U.
L
A parcel o land located !n rite Southwest Quarter of etre Northwest
Quarter ( iVNINW114) ) of section Nine (9), lbwnship Sixteen (16)
South, Ange Tweirt (12), Bast o the 111411amelle Meridian, Deschutes
County, Oregon, more parfrcularly described as Parcel 2, of Aiinor Land
Partition M1195-45 and fJiled December 28, 1995, in the office of rhe
County Clerk, as Plat Partition 1995-60.
A parcel of tand located in the Southwestarter of The Northwtst
N
uarter (SWU N1/4)) of Section Nine (9), Pownship Sixteen (16)
oath, Range Twelve (12), least o Ilse willomette Meridian, Deschutes
County, Oregon, mare particularly described as Parcel 1, of Alinor Land
iPartition MP95-46 and filed December 28, 1995, in the office of the
l County Clerk, as Plot Partition 1995-61.
A parcel of land located lit the Santhivest Quarter of the Norehipest
Quarttr (SWI41NIV114) ) of Section Nint (9), Township Sixteen (16)
South, Mange Twelve (12), Gast of tilt 14711ometfe Utridian, Deschutes
County, Orefon, more particn(arly described as Parcel 2, o AllnorUnd
Partition Ai19S-46 and flied December 28, 1993, in the a r Ott of the
County Clerk, as Plat Partition 1995-61.
i
x�\
ur
>R BigIc
g
v
oil
, tw �
3
2
1
Cynthia Smidt
From: Matt Cyrus <Matt@aspenlakes.com>
Sent: Tuesday, November 14, 2017 9:22 AM
To: Cynthia Smidt
Subject: Re: Testimony
16925 Green Drake Ct
Sisters, Oregon 97759
Sent frorn my CLS. Smartphone
-------- Original message --------
From: Cynthia Smidt <Cynthia.Smidt@deschutes.org>
Date: 11/14/17 8:59 AM (GMT -08:00)
To: 'Matt Cyrus' <Matt@aspenlakes.com>
Subject: RE: Testimony
Hi Matt,
Re: 247 -17 -000645 -AD
Your comments have been received. Please provide your mailing address for the record.
Thank You.
Cynthia
Cynthia Smidt, Associate Planner
Community Development Department
—`� PO Box 6005 1117 NW Lafayette Avenue
Bend, Oregon 97708-6005
Tel: (541) 37.7-3150
www.descliutes.org/cd
Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall
not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any
rights, including any reliance rights, on any person.
From: Matt Cyrus [mailto:Matt@aspenlakes.com]
Sent: Wednesday, November 08, 2017 10:51 AM
To: Anthony Raguine<Anthony.Raguine@deschutes.org>; Jacob Ripper <Jacob.Rippe r@deschutes.org>; Kyle Collins
<Kyle.Collins@deschutes.org>; Nicole Mardell <Nicole.Mardell@deschutes.org>; Isabella Liu
<Isabella.Liu@deschutes.org>; Caroline House <Caroline.House @deschutes.org>; Chris Schmoyer
<Chris.Schmoyer@deschutes,org>; William Groves <William.Groves@deschutes.org>; Cynthia Smidt
<Cynthia.Smidt@deschutes.org>
Cc: Matt Cyrus <Matt@aspenlakes.com>
Subject: Testimony
M
247 -17 -000496 -AD
247 -17 -000692 -AD
247 -17 -000604 -AD
247 -17 -000612 -AD
247 -17 -000645 -AD
247 -17 -000679 -AD
247 -17 -000755 -AD
247 -17 -000784 -AD
247 -17 -000830 -AD
247 -17 -000827 -AD
247 -17 -000831 -AD
247 -17 -000833 -AD
247 -17 -000862 -AD
247 -17 -000905 -AD
On behalf of Deschutes County Farm Bureau and the Oregon Family Farm Association, please enter these
comments into the record for the above applications for Recreational Marijuana production in Exclusive Farm
Use zones.
There are two sections in law that we believe the county violates with the Recreational Marijuana ordinances.
The first is the County's own Right to Faun ordinance and the second is the state statute that clarifies that the
LUCS is NOT a land use action. We believe these provisions are illegal and that the applicants should not be
subject to these restrictions in EFU zones.
Right to Farm
http•//weblink deschutes.org_Xublic/O/doc/4194/Pa el..aspx
Look specifically at 9.12.080. We argue that the entire Rec ordinance is void because this code prohibits
enactment of any new county code that restricts farming practices. In order for the new code to be enacted,
9.12.080 should have been amended first to exempt specific crops.
Oregon Statute
47513.063 Duty to request land use compatibility statement. (1) Prior to the issuance of a license under ORS
475B.070, 475B.090, 475B.100 or 475B.110, the Oregon Liquor Control Commission shall request a land use
compatibility statement from the city or county that authorizes the land use. The land use compatibility
statement must demonstrate that the requested license is for a land use that is allowable as a permitted or
conditional use within the given zoning designation where the land is located. The commission may not issue a
license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable
zone.
(2) A city or county that receives a request :For a land use compatibility statement under this section must act
on that request within 21 days of:
(a) Receipt of the request, if the land use is allowable as an outright permitted use; or
(b) Final local permit approval, if the land use is allowable as a conditional use.
(3) A city or county action concerning a land use compatibility statement under this section is not a land use
decision for purposes of ORS chapter 195, 196, 197 or 215. [2015 c.614 §34(4)]
It should be noted that this provision was added to the bill as part of the Right to Farm carve out package in
order to ensure that counties did not subject applicants to any kind of public land use process. It was expected
that the TPM regulations would be treated as a building permit, in that there would be a clear set of guidelines
and that a technician could simply check each box for compliance with the rules.
In addition, we believe the following restrictions violate the "reasonable" Time, Place, and Manner restrictions
allowed by statute.
1. A complete prohibition on outdoor production.
2. Noise limitations of 30 dB, wherein a normal conversation is 50-60, and the neighbor's sprinklers are over 40
dB.
3. A complete prohibition of supplemental light in greenhouses.
Thank you for your consideration.
Matt Cyrus, President
Deschutes County Farm Bureau
Oregon Family Farm Association
Chapter 9.12. RIGHT TO FARM
9.12.010. Short Title.
9.12.020. Purpose.
9.12.030. Definitions.
9.12.035. Definition -Facility.
9.12.040. Definition -Farming.
9.12.045. Definition -Farming Practice.
9.12.050. Definition -Forest Practice.
9.12.055. Definition -.Non -Resource Use.
9.12.060. Definition -Generally Accepted.
9.12.065. Definition -Farming and Forest Practices Exclusions.
9.12.070. Definition -Nuisance or Trespass.
9..12.075. Definition -Pesticide,
9.12.080. Prohibition on Enactments That Make Farm and Forest Uses a Nuisance or Trespass.
9.12.090. Protection of Farm And Forest Uses on Lands Zoned for Resource Use.
9.12.100. Protection of Allowed Farm and Forest Uses in Zones Other Than EFU and Forest
Zones.
9.12.110. Protection of Nonconforming Farm and Forest Uses.
9.12.120. Land Use Ordinances and Decisions.
9.12.130. Complaints by Non -Resource Users.
9.12.140. Farm Practices Advisory List.
9.12.150. Affect on Livestock Control Districts.
9.12.010. Short Title.
This ordinance may be cited as the Deschutes County Right To Fane Ordinance.
(Ord. 95-024 §1, 1995)
9.12.020. Purpose.
A. it is the purpose of .DCC 9.12 to protect farm and forest -based economically productive activities of
Deschutes County in order to assure the continued health, safety and prosperity of its residents, Farm
and forest uses sometimes offend, annoy, interfere with or otherwise affect others located on or near
farm and forest lands. Deschutes County has concluded in conformance with ORS chapter 30 that
persons located on or near farm and forest lands must accept resource uses and management practices.
B. DCC 9.12 is intended to limit the availability of remedies based on nuisance or trespass, rights of action
and claims for relief and issuance of citations for violations over which Deschutes County has
jurisdiction, when they otherwise would either have an adverse impact on farm and forest uses that
Deschutes County seeks to protect, or would impair full use of the farm and forest resource base within
Deschutes County.
(Ord. 2003-021 §21, 2003; Ord. 95-024 §2, 1995)
9.12.030. Definitions.
For the purposes of DCC 9.12, unless otherwise apparent from the context, certain words and phrases used
in DCC 9.12 are defined as set forth in DCC 9.12.035-075.
(Ord. 95-033 §l, 1995; Ord. 95-024 §3, 1995)
Chapter 9.12 1 (0412003)
9.12.035. Definition -Facility.
"Facility" means any real or personal property, including appurtenances thereto and fixtures thereon,
associated with a given use.
(Ord. 95-024 §3, 1995)
9..12.040. Definition -Farming.
"Farming" means the cultivation, growing, harvesting, processing or selling of plants or animals of any kind
that lawfully may be grown, possessed and sold, including but not limited to forage, row crops, grapes,
Christmas trees and nursery stock, fish, livestock, poultry and ratites. Except as otherwise set forth herein,
farming may he at either a commercial or a noncommercial scale.
(Ord. 95-024 §3, 1995)
9.12.045. Definition -Farming Practice.
"Fanning practice" means a mode of farming, including use of pesticides, that:
1. Is or may be used in a farming operation of a similar nature;
2. Is consistent with generally accepted, reasonable and prudent methods;
3. Is or may become a generally accepted, reasonable and prudent method in conjunction with farm
use;
4. Complies with applicable laws; and
5. Is done in a reasonable and prudent manner.
(Ord. 95-024 §3, 1995)
9.12.050. Definition -Forest practice.
"Forest practice" means a mode of operation, including the use of pesticides, on forestland that:
1. Is or• may be used on forestland of a. similar nature;
2. Is a generally accepted, reasonable and prudent method of complying with URS 527.610 to 527.770
and the rules adopted pursuant thereto;
3. Is or may become a generally accepted, reasonable and prudent method in conjunction with
forestland;
4. Complies with applicable laws;
5. Is done in a reasonable and prudent manner; and
6. May include, but is not limited to, site preparation, timber harvest, slash disposal, road construction
and maintenance, tree planting, pre -commercial thinning, release, fertilization, animal damage
control and insect and disease control.
(Ord. 95-024 §3, 1995)
9.12.055. Definition -Non -Resource Use.
"Non -resource use" means any facility, activity or other use of land that does not constitute a farm or forest
use, as defined herein, including but not limited to residential use,
(Ord. 95-024 §3, 1995)
9.12.060. Definition -Generally Accepted.
"Generally accepted" means a practice that an average person in Deschutes County who is regularly
involved in the same type of resource use would reasonably expect to occur or exist in a rural setting.
(Ord. 95-024 §3, 1995)
Chapter 9.12 2 (04/2003)
9.12.065. Definition -Farming and Forest Practices .Exclusions.
"Farming and forest practices" do not include:
1. The willful growing of unlawful, infested, infected or diseased plants or animals; or
2. Trespass which involves actual physical intrusion onto the property of another by a person or, within
a livestock control district, by a person's animals.
(Ord. 95-024 §3, 1995)
9.12.070. Detinition-Nuisance or Trespass.
"Nuisance" or "trespass" includes but is not limited to actions or claims based on noise, vibration, odors,
smoke, pesticide spray, dust and mist from irrigation. Nuisance also includes actions or claims based on
otherwise approved practices performed during non -daylight hours.
(Ord. 95-024 §3, 1995)
9.12.075. Definition -Pesticide.
"Pesticide" includes defoliants, desiccants, fungicides, herbicides, insecticides, nematocides, and other
substances included and defined in ORS 634.006(8).
(Ord. 95-024 §3, 1995)
9.12.080. Prohibition on Enactments That Make Farm and Forest Uses a Nuisance or Trespass.
The .Board of County Commissioners shall enact no resolution or ordinance that makes a farm or forest
practice covered by DCC 9.12,090 through 9,11110 a nuisance or trespass or provides for the abatement of
such practices as a nuisance or trespass.
(Ord. 95-024 §4, 1995)
9.12.090. Protection of Farm and .Forest Uses on Lands Zoned for Resource Use.
A. No farm or forest practice occurring on lands zoned for resource use shall be declared to be a public or
private nuisance or trespass, or support any complaint procedure, or give rise to a claim for relief in
favor of, or to protect the interests of, non -resource uses or any persons or property associated therewith,
to the extent that such controversy, proceeding or claim would arise under an ordinance or the inherent
authority of Deschutes County,
B. DCC 912.090 applies regardless of:
1. The location of the purportedly affected non -resource use;
2. Whether the non -resource use purportedly affected existed before or after the occurrence of the farm
or forest use;
3. Whether the farm or forest practice or non -resource use has undergone any change or interruption;
or
4. Whether the resource use or non -resource use, is located inside or outside an area designated as other
than high value resource lands.
C. Lands zoned for resource use include lands in EFU zones, forest zones, surface mining zones, and flood
plain or open space & conservation zones where the underlying comprehensive plan designation is
"agriculture" or "forest."
D. If zoning is changed in such a way to place a farming or forest practice within a resource zone as defined
herein, DCC 9.12.090 will apply to that farming or forest practice after the date the zone change
becomes effective.
(Ord. 95-024 §5, 1995)
Chapter 9.12 3 (04/2003)
9.12.100. Protection of Allowed Farm and Forest Uses in Zones Other than F.FU and Forest
Zones.
A. On lands other than those zoned for faun or forest use, no farm or forest use allowed in a zone shall be
declared to be a public or private nuisance or trespass, or support any complaint procedure, or give rise
to a claim for relief in favor of, or to protect the interests of, nonresource uses or any persons or property
associated therewith, to the extent that such controversy, proceeding or claim would arise under an
ordinance or the inherent authority of Deschutes County.
B. DCC 9.12.110 shall apply:
1. To fanning practices on commercial farms only, notwithstanding the definition of farming in DCC.
9.12.
2. Whether or not the faun practice occurs within the applicable urban growth boundary.
3. Where the commercial farming or forest practice existed before the conflicting nonfarm or nonforest
use of real property that gave rise to the complaint.
(Ord. 95-024 §6, 1995)
9,12.110, Protection of Nonconforming Farm and Forest Uses.
A. On lands where farming or forest practices occur as a pre-existing nonconforming use in a zone not
otherwise allowing farm or forest practices, no such practices shall be declared to be a public or private
nuisance or trespass, or support any complaint procedure, or give rise to a claim for relief in favor of, or
to protect the interests of, non -resource uses or any persons or property associated therewith, to the
extent that such controversy, proceeding or claim would arise under an ordinance or the inherent
authority of Deschutes County.
B. DCC 9.12.1 10 shall apply:
1. To farming practices on commercial fanns only, notwithstanding the definition of farming in DCC
9,12,
2. Whether or not the fann practice occurs within the applicable urban growth boundary,
3. Where a fanning or forest practice existed before the conflicting nonfarm or nonforest use of real
property that gave rise to the complaint.
4. Where a farming or forest practice has not significantly increased in size or intensity from
November 4, 1993 or the date on which the zoning is changed to make the use a nonconforming
one, whichever is later.
(Ord. 95-024 §7, 1995)
9.12,120. Land Use Ordinances and Decisions.
The fact that Deschutes County's comprehensive plan and zoning ordinances and that individual land use
decisions issued by the County may allow the siting, development or support of any particular use does not
negate the provisions of DCC 9.12 intended to protect a farm or forest resource use.
(Ord. 95-024 §8, 1995)
9.12.130. Complaints by Non -Resource Users.
Any persons not engaged in a farm or forest use are deemed on notice that Deschutes County will not issue a
citation involving a farm or forest practice protected under DCC 9.12, so long as such resource use complies
with applicable provisions of federal and state laws and DCC 9,12. In order to protect a fanning or forest
practice from shutdown upon receipt of a complaint of nuisance, thereshall be a presumption of
acceptability of the practice in the absence of compelling evidence that continuation of the practice would
result in an immediate threat to health and/or safety to the public, and the County shall not take action to
cause cessation of such practice. If the practice shall not have been previously adjudged to be an acceptable
Chapter 9.12 4 (04./2003)
practice, the County shall, subject to DCC 9,.12.140, make a timely determination of whether a citation
should issue.
(Ord, 95-024 §9, 1995)
9.1.2.140. Farm Practices Advisory List.
In detennining whether any particular farming or forest practice is a generally accepted, reasonable and
prudent practice, County staff may prior to issuing a citation, seek the advice of an expert or experts in the
particular practice involved from a list of experts provided by the Deschutes County Farm Bureau for each
commodity or practices area.
(Ord. 95-024 §10, 1995)
9.12.150. Affect on Livestock Control Districts.
Nothing in DCC 9.12 shall apply to or restrict any action taken under DCC 6.03 with respect to livestock at
large.
(Ord. 95-024 §11, 1995)
Chapter 9.12 5 (0412003)
Cynthia Smidt
From: Nunzie <nunzie@pacifier.com>
Sent: Friday, September 29, 2017 8:42 AM
To: Cynthia Smidt
Cc: Mark Murzin; Paula Hawes; Sam Davis; Carol Macbeth
Subject: Re: preliminary comments re: 247 -17 -000645 -CU
Hi Cynthia
My original email to you was dated August 15, 2017 and was titled Preliminary comments re: 247 -17 -000645 -
Cu
thereby meeting your comment deadline. You have my email to notify me of CDD's staff report and the public
hearing date.
My mailing address is 19845 JW Brown Road, Bend OR 97703
CDD should be informed that it has authorized building over where the water rights were mapped during the
OWRD water permit process and that as of late, OWRD has not issued water rights to the below property.
The request to exempt the setback in the MUA zone has a broad ripple effect within rural Deschutes County and
is substance enough for a public hearing on this issue. As you know there are many parcels zoned MUA in
Deschutes County that are smaller than the above property and this application to exempt the setback standard
established by our Board of County Commissioners is a litmus test on the very rules that were put in play in the
very recent past. 100 feet setback should not be further eroded by CDD: and CDD should not make an
administrative determination to erode our mJ code.
I strongly encourage CDD to give some attention to this issue as the applicant has also not shown how they will
meet the Deschutes Mitigation Rules for their Nursery Use (NU) water. The water hauling company they
identify is licensed for Firefighting and is not a substitute for nursery use water.
Additionally applicant has not shown how they will protect children and the boarding public who stable horses
and ride on the property from the proposed marijuana grow.
Thank you
Nunzie Gould
On Sep 29, 2017, at 8:17 AM, Cynthia Smidt wrote:
Hi Nunzie,
As you are aware, in my September 29 email I did indicate, "If you decide to submit formal comments to
this file, please include your mailing address for our records." I have not heard from you since this
correspondence.
We will provide staff report or administrative decision via regular mail. If you would like the view
additional application information or an electronic version of the staff report, you can view the
application materials online athttp://dial.deschutes.org/Real/DevelopmentDocs/"189396.
Thanks for your interest.
Cynthia
From: Nunzie [mailto:nunzie@pacifiercom]
Sent: Friday, September 29, 2017 1:20 AM
To: Cynthia Smidt <Cynthia.Smidt@deschutes.org>
Cc: Nick Lelack <Nick.Lelack@deschutes.or >
Subject: Fwd: preliminary comments re: 247 -17 -000645 -CU
Cynthia
Kindly email your staff report
As a party of record, I have not received any further notification from CDD since your Aug 17,
2017 email.
When is the public hearing going to be held?
Thanks
Nunzie Gould
Begin forwarded message:
From: Cynthia Smidt <Cynthia.Smidt(a-)deschutes.org>
Date: August 17, 2017 4:05:27 PM PDT
To: 'Nunzie' <nunzie aa)pacifier.com>
Cc: Nick Lelack <Nick.Lelack(o)deschutes.org>
Subject: RE: preliminary comments re: 247 -17 -000645 -CU
Hi Nunzie
Re: 20420 Harper Road and associated file 247 -17 -000645 -CU
Thanks for your comments and questions. As indicated below by Nick, several questions
are beyond the scope of this application and/or not regulated by the county. For those
questions related to the application, I have provided some answers or direction where
you might find additional information related to your inquiry.
1) If there are other uses occurring on the property, such as horse related uses
(boarding, lessons, clinics), Guest House or Bed and Breakfast, or a home
occupation (as heard from another neighbor), these uses are separate uses and
are not being reviewed under File 247 -17 -000645 -CU. These other uses can
occur separately, assuming they meet county codes and/or have received
county approval for the use.
2) Harper Road is a county -maintained public road in this area. If you need
additional information, feel free to contact theCounty Road Department.
3) Ground water rights and water hauling. You can view the application materials
online athttp://dial.deschutes.org/Real/DevelopmentDocs/189396. You can
also inquire with the Oregon Water Resources Department for ground water
information. The local District 11 office is located in the Old Mill District at 231
SW Scalehouse Loop, Ste 103.
4) Location for proposed marijuana use. The applicant is proposing to use an
existing structure that is located adjacent to, and less than 100 feet from the
north and east property boundaries. Therefore, the application is requesting a
setback exception.
5) The subject property is located within the Bend Rural Fire District No. 2. In
addition, any related building permits will be reviewed under Oregon building
code and Deschutes County as they relate to health, life, and safety.
I hope this information helps. If you decide to submit formal comments to this file,
please include your mailing address for our records.
Thank you.
- Cynthia Smidt, Associate Planner
Community Development Department
PO Box 6005 1 117 NW Lafayette Avenue
�'J Bend, Oregon 97708-6005
Tel: (541) 317-3150
-- www.deschutes.oro/cd
Please note that the information in this email is an informal statement made in accordance
with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a
change in the status of a person's property or conferring any rights, including any reliance
rights, on any person.
From: Nick Lelack
Sent: Tuesday, August 15, 2017 11:12 AM
To: 'Nunzie' <nunzie@pacifier.com>
Cc: Cynthia Smidt <Cynthia.SmidtC«@deschutes.org>
Subject: RE: preliminary comments re: 247 -17 -000645 -CU
Nunzie,
I will defer to the case planner, Cynthia Smidt, to respond based on the materials in the
application and/or provided by the applicant, and others directly relevant to this
proposal. Several questions are beyond the scope of this application and/or not
regulated by Deschutes County.
Nick Lelack, AICP, Director
Deschutes County Community Development Department
117 NW Lafayette, Ave. I P.O. Box 6005 1 Bend, Oregon 97708-6005
Tel: (541) 385-1708 1 Mobile: (541) 639-5585
From: Nunzie [mailto:nunzie@pacifier.com)
Sent: Tuesday, August 15, 2017 11:08 AM
To: Nick Lelack <Nick.Lelack deschutes.org>
Subject: Re: preliminary comments re: 247 -17 -000645 -CU
Hi Nick:
Will CDD be replying to my questions and/or emailing me materials?
Nunzie
On Aug 15, 2017, at 10:34 AM, Nick Lelack wrote:
Nunzie,
Thank you for your questions and comments. They are entered in the
record for this application.
Nick Lelack, AICP, Director
Deschutes County Community Development Department
117 NW Lafayette, Ave. j P.O. Box 6005 1 Bend, Oregon 97708-6005
Tel: (541) 385-1708 1 Mobile: (541) 639-5585
From: Nunzie [mailto:nunzie@pacifiercoml
Sent: Tuesday, August 15, 2017 9:00 AM
To: Nick Lelack <Nick.Lelack@deschutes.org>; Cynthia Smidt
<Cynthia.Smidt@deschutes.org>
Subject: preliminary comments re: 247 -17 -000645 -CU
Please enter this email into the record regarding the recently
applied for marijuana production facility at 20420 Harper Road,
located in Rural
Tumalo. <httR//dial.deschutesor/Real/DevelopinentDocs/189396
I would appreciate a reply from Deschutes County CDD to these
following questions prior to the close of public comment and in
sufficient time such that I can issue my final comments to this
land use application prior to the close of comment on this
application:
1. BentWire Ranch is located at this property and run by the Baker
couple. As of Aug 15, 2017 (today) Bentwire Ranch advertises
thru their website <htip://bentwireranch.com/> horse boarding,
riding and/or horse clinic events, riding lessons, overnight horse
boarding, overnight sleeping to the public which includes to
youth Will horse boarding, clinic events, and/or horse lessons
continue on the premises if the property is granted a mJ grow land
use approval? please see all 10 pages of the Bentwire Ranch
website.
2. Will the horse trail course be active when the nlj grow operation
is underway?
3. Will clinics open to the public including to children continue at
Bentwire Ranch?
4. Is Harper Road a privately maintained public ROW? If so which
property owners contribute to the ROW maintenance?
5. Kindly provide the well ID number and advise if this
groundwater well has a water meter.
6. Please provide a map of where the ground water rights are
mapped.
7. Are any of the ground water rights currently used in the built
environment for agriculture? if so what amount of the water right?
8. Please provide the source of water and water right that the water
hauling company would use to deliver water?
9. Does the water hauling company fill their truck directly from the
Deschutes River? if so at what location does it load water?
10. Kindly provide water use reports submitted to WRD for the
above well.
11. The Cline Buttes Recreation Area Plan is supportive of public
recreation open to all ages. BLM land abuts this property to the
north and a public access trail is just east of this property to
connect the recreating public to BLM lands which abut the south
side of Harper Road. Kindly email a list of all MUA-10 setback
exemptions that CDD has approved for mj production to date if
any.
12. Deschutes County does not have a Recreation or Parks
Department and relies on amenities provided in the rural County
such as those planned and implemented by BLM for instance the
Cline Buttes Recreation Area Plan. Monies for these recreation
areas come from Oregon State Parks and Recreation Department
grant awards as well as from Federal recreation programs. What
plan does Deschutes County have to preserve the quality of
recreation in our rural community when mj workers travel to this
site, when water trucks deliver H2O because of insufficient water
rights, and/or when delivery vehicles flood to a rural Tumalo
destination for pot production?
13. It is unclear why this 9.73 acre sized parcel in the MUA 10
zone needs an exception to setback. Please email the completed
setback application form if applicant has applied for a setback
exception. And please email the BOP for the setback need.
14. Deschutes County needs to be attentive to the loss of value to
properties adjacent to mj grow sites. What compensation is
Deschutes County prepared to offer adjacent properties to mj grow
sites? will the County issue a reduced tax assessment for adjacent
properties?
15. The site is further than 5 miles from the Tumalo Fire Station;
what provision is made for health, life and fire safety in the event
of fire?
These are some of my preliminary comments to 247 -17 -000645 -
CU: I look foward to your replies.
Thank you
Nunzie Gould
541-420-3325
Staff Memorandum
Attachment F
Staff Hearing PowerPoint
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 Business Meeting of December 27, 2017
DATE: December 13, 2017
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Consideration of Chair Signature of Document No. 2017-758, Amendment to Promissory Note
with the Humane Society of Redmond
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Chair signature of Document #2017-725, A Promissory Note Amendment
with the Humane Society of Redmond
CONTRACTOR: Humane Society of Redmond ("BrightSide Animal Center")
AGREEMENT TIMEFRAME: Starting Date: 1-1-18 Ending Date: 6-30-18
INSURANCE:
Insurance Certificate Required: No.
Insurance Review Required by Risk Management: N/A
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County has a Promissory Note with The Humane Society of Redmond (aka,
BrightSide Animal Center) that is due December 31, 2017 (Document #2017-402). BrightSide
Animal Center is requesting a six-month extension of the loan repayment. The balance of the
loan as of November 30, 2017 is $543,958.45. Document # 2017-758 would extend the date
for loan repayment to June 30, 2018.
A representative from Brightside Animal Center will attend the Board meeting to provide an
update on the loan repayment status and reasons for the extension request.
FISCAL IMPLICATIONS:
ATTENDANCE: Patricia Bowling, BrightSide Animal Center Shelter Manager
i Promissory Note
Amendment — Document #2017-402
Date: June A, 2017
Promisor: Humane Society of Redmond, an Oregon Nonprofit corporation
1355 NE Hemlock Av
Redmond, OR 97756
Promisee: Deschutes County, Oregon
1300 NW Wall St.
Bend, OR 97703
Recitals
Promisor has in the past executed certain promissory notes in favor of Promisee
(the "Notes"). Pursuant to the terms of the Notes as previously amended,
Promisor is obligated to repay Promisee funds loaned by Promisee to Promisor
(plus interest at Deschutes County's actual monthly net earnings rate,
compounded monthly) on or before June 30, 2017. Promisor has presently
requested that Promisee amend the Notes to provide a due date of December
31, 2017. Promisee has agreed to amend the Notes as requested.
Terms
Promisor and Promisee agree that the balance owing on the Notes as of May 31,
2017 is $540,433.09, and that such balance continues to accrue interest from
that date as set forth in the Recitals, above, until fully paid.
The Notes are hereby amended as follows: The due date for payment of the full
outstanding balance of principle and interest then owing on the Notes shall be
December 31, 2017.
HUMANE WCIE Y��EDMOND, Promisor
�-/40 le --
Title: Presider
Attest:
e e ary
Accep ed and Approved: DESCHUTES COUNTY, Promisee
t IV
Title: BOCC air
t_.
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