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2018-60-Minutes for Meeting December 27,2017 Recorded 2/20/2018Recorded in Deschutes County CJ2018-60 Nancy Blankenship, County Clerk Commissioners' .journal 02/20/2018 9:49:25 AM .,�,.�.'..•...•�.�•• IIIII'IIII'�II�IIII�I'I'IIII 2018-60 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, December 27, 2017 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel; and Laura Skundrick, Board Assistant Secretary. Erik Kropp, Deputy County Administrator was excused; Two representatives of the media were in attendance. CALL TO ORDER: Chair Baney called the meeting to order at 10:02a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: • William Kuhn, who resides at 65575 Sizemore Road within the Tumalo Winter Deer Range, spoke on Code Enforcement and his rights as a land owner. Mr. Kuhn explained he had previously submitted a code enforcement complaint to Deschutes County this morning and has requested information regarding that appeal. The Commissioners and County Counsel Doyle agree that this Mr. Kuhn's specific request is not clear and this meeting is not the correct avenue for Mr. Kuhn to resolve his concern, suggesting several other avenues for him to follow-up on, such as with legal counsel or the circuit court. Tammy Threlkill, who resides at 23344 Alfalfa Market Road, asked questions regarding the DIAL system. Property near Ms. Threllkill's home, recently purchased by individuals Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 1 of 10 who also own two other properties, is not linked to their additional properties on DIAL. She has not been able to find more information through the Assessor's Office or the Secretary of State's office. Chair Baney and County Administrator Anderson assured Ms. Threllkill the County Assessor follows laws for requirements of the system. The commissioners offered to contact the Secretary of State's office for more information about that process, and Ms. Threllkill thanked the board. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Henderson requested to move Item 3 to the afternoon work session, and to move Items 4 and 5 to the action agenda for more information. HENDERSON: Move approval. DEBONE: Second. VOTE: HENDERSON: Yes. DEBONE: Yes. BANEY: Chair votes yes. Motion Carried Consent Agenda Items: 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 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 Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 2 of 10 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 Consent Agenda Item 4 as pulled for discussion: Consideration of Chair Signature of Document No. 2017-758, Amendment to Promissory Note with the Humane Society of Redmond Chair Baney provided some background of the agreement between Deschutes County and Brightside, explaining they are close to repaying their loan. Pat Bowling, Brightside Shelter Manager and Mark Crose, Brightside Board President summarized that after selling the property in June, for which Brightside is the beneficiary of the trust, closing did not happen as quickly as anticipated. The developer had appealed to the trust to change the plot plan originally submitted, to switch from multi -family lots back to single-family lots. The plot plan is now awaiting approval. Mr. Crose requested a six-month extension for repayment of the loan, until June 30, 2018. The commissioners thanked Brightside for their service to the community and for their great partnership. HENDERSON: Move approval. DEBONE: Second. VOTE: HENDERSON: Yes. DEBONE: Yes. BANEY: Chair votes yes. Motion Carried Consent Agenda Item 5 as pulled for discussion: Consideration of Board Signature of Document No. 2017-775, Improvement Agreement for Saturn Power Corporation Commissioner Henderson asked how the bond amount of $500,000 was selected to repair this land back to usable space, should Saturn Power Corporation choose to stop using it. Peter Gutowsky, CDD Planning Manager, explained that staff followed the hearings officer's decision on the amount. Commissioner Henderson expressed concern whether that would be enough money to return the land to pre -development state, especially as costs increase in the future, and suggested increasing that amount in future agreements. Chair Baney agreed with the idea of adding in an escalation factor, allowing the amount to adjust in the future. Counsel Doyle agreed that moving forward, staff can incorporate an inflation adjustment. Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 3 of 10 Commissioner Henderson also requested the improvement agreement include the terms listed in the staff memorandum, regarding grading soil and re -seeding. Ms. Smidt replied those conditions, among numerous others, are included in the Conditions of Approval Agreement Saturn Power Corporation was required to sign and record. Assistant Legal Counsel Adam Smith has no concern adding the entirety of that condition into the agreement, and can bring back to the board for review. 18. Consideration of Board Approval to Move Forward with Victims Assistance Support Services Non -Competitive Grant — Ashley Beatty, Program Coordinator Ashley Beatty, Victims' Assistance Program Coordinator, explained the grant opportunity from Victims of Crime Act (VOCA) that the District Attorney's Office would like to apply for, within the three categories of Training, Emergency Services, and Mental Health. Chair Baney asked for more information regarding the courthouse facility dog, specifically whether it's part of the K-9 team and whether there are existing facilities and services for the dog. Ms. Beatty replied that research has shown a facility dog reduces stress, and provides support and solace to those individuals required to go through the system who have been through a traumatic life experience. The dog is trained to be approached, pet, and act as a relaxing presence. They would have a handler, who is responsible full-time for the animal, supplemental costs, and housing. Commissioner Henderson asked how many Oregon counties utilize this program, and Ms. Beatty replied currently two. Commissioner DeBone asked the term of the program and what the end of that term looks like. Ms. Beatty answered that all three categories on the application are offered as a one-time application for two years. Deschutes County would not have to apply for additional funds in the future since the dog would have already been purchased. Chair Baney stated that the outcomes of these programs are in line with Deschutes County values and she is supportive of the application. Commissioner DeBone agreed he is supportive of the application, however it shouldn't be assumed more dogs will be added in the future. Commissioner Henderson is also supportive of the application, but is not interested in running up additional costs to grow the program or have it take up a lot of time. DEBONE: Move approval. HENDERSON: Second. VOTE: DEBONE: Yes. HENDERSON: Yes. BANEY: Chair votes yes. Motion Carried 19. Consideration of Board Signature of Document No. 2017-771, PacificSource - CMHP Performance Program - DeAnn Carr, Health Services Deputy Director Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 4 of 10 DeAnn Carr, Health Services Deputy Director, explained this exhibit is an amendment to an existing contract with Deschutes County's CCO, Pacific Source. This exhibit provides a vehicle for PacificSource to pay the Community Mental Health Program (CMHP) the performance metric dollars earned during the year. Health Services will continue working with the CCO to arrive at a more comprehensive and complete contract for 2018. The Board will see an amendment in the near future for a two-month extension, allowing time to finalize the 2018 contract. Chair Baney asked about the timing of this amendment coming before the board with four days left on the contract. Ms. Carr replied that the required metrics for the CMHPs have already been met, but the CCO may have struggled with bandwidth when calculating data in order to have a complete contract. Commissioner Henderson expressed his concern if the CCO has timeliness issues. Chair Baney, Ms. Carr and County Counsel Doyle replied they are not concerned with the ability of the CCO as a partner, and PacificSource has taken steps to address the identified challenges, working to prevent them in the future. Additionally, there are many different moving parts with federal and state regulations changing. Commissioner DeBone suggested that Health Services provide an informational item at an upcoming work session about the population served and how the money is distributed. Chair Baney agreed. DEBONE: Move approval. HENDERSON: Second. VOTE: DEBONE: Yes. HENDERSON: Yes. BANEY: Chair votes yes. Motion Carried 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 Peter Gutowsky, Planning Manager, explained this document is returning for consideration after making revisions requested by the board, and he summarized changes made. The board discussed specific wording within the findings, and Mr. Gutowsky offered to make changes if that is the will of the board. The board discussed specific wording, potentially removing the phrase "reduced levels of deviance". HENDERSON: DEBONE: Move approval with amended language. Second. Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 5 of 10 Discussion: Chair Baney expressed that some of the statements go beyond the issue of wildlife area combining zone, and added that the language goes further than she can agree to. County Assistant Counsel Smith advised the board that they also need to determine an effective date. The commissioners discussed various options for timing, deciding on 21 days. VOTE: HENDERSON: Yes. DEBONE: Yes. BANEY: Chair votes no. Motion failed. County Counsel Doyle stated that an emergency declaration requires a unanimous vote, so the motion failed. No new motion was put forth. Commissioner Henderson suggested the board determine specific language revisions to create agreeable wording, and Chair Baney agreed to get her proposed changes to the commissioners. The commissioners determined this item will return for further review in late -January. 21. Consideration of Board Signature of Document No. 2017-773, Decision Related to Marijuana Production and Processing Facility, Evolution Concepts - Cynthia Smidt, Associate Planner Cynthia Smidt, Community Development Department Associate Planner, explained this decision for marijuana production and processing was drafted by staff after Board deliberations on December 18th, where the board expressed its intent to reverse staff's approval decision. Commissioner DeBone noted that while he approves of applying reasonable regulations to applications, he is not opposed to finding hard stops if they exist for other reasons outside of Deschutes County land use. Commissioners went through each finding by approval criteria to determine what is agreed upon. On the topic of Harmonious — Chair Baney stated that based on the opposition they received and due to the size and scope of the application, this would not be harmonious with that particular part of the community. Commissioner Henderson agrees with the wording of the finding and approves the concept, but is concerned it will not be upheld at an appeal level, as he is not sure the site plan specifically takes into account neighboring site uses. Commissioner Baney replied she does not know that it would be upheld if appealed, but is doing what she feels is right to seek balance. On the topic of Exclusive Farm Use Zone — Commissioners agree to keep wording as is. Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 6 of 10 On the topic of Odor — Chair Baney stated she liked how this was captured and agrees, the Board had requested site-specific information, not a general overview of what might happen. Commissioner Henderson suggested there is a potential need to affirmatively state what a "report that demonstrates" should include, and asked Assistant Counsel Smith's opinion on providing clarification. Smith replied that is at the board's discretion, and any additional information for what constitutes a report would provide guidance for staff moving forward and the interpretation would be applied in subsequent cases. Commissioners discussed specific meaning of "demonstrate" and Commissioner Henderson asked Nick Lelack, Community Development Director, for feedback. Mr. Lelack replied he refers to legal counsel for what level of specificity should be included in this finding, but that it is critical to staff for pending and future applications to have clear board requirements or expectations so those can be shared with customers. Chair Baney suggested that a report could include proof the technology is being used elsewhere and is mitigating the odor, and Mr. Lelack replied that is helpful. Assistant Counsel Smith stated the way the finding is currently drafted does accurately represent that two commissioners agree the application does not meet this provision. On the topic of Noise — Commissioners agree to keep wording as is. On the topic of Water — Chair Baney stated this record raises some important distinctions between water usage and public or private water, and challenges stem from an information void at the County specific to requirements imposed by the Oregon Water Resources Department. Commissioners discussed various regulations that remain unclear about private and municipal water. Assistant Counsel Smith stated there is ambiguity in state law, and he does not believe that current state law answers these issues. He suggested there will likely be more guidance through either appeals or meetings with the state. Smith stated that currently, the relevant inquiry to the board is how they interpret current county code to regulate either public or private water providers. Chair Baney stated that current code is ambiguous enough that this application has met the water provider provision. Commissioners discussed the lack of clarity in the law and the issues that result from that. Commissioner Henderson suggested several small wording revisions. Assistant Counsel Smith confirmed suggested changes and the board agreed they are not deviating from the previous finding. On the topic of Transportation — Chair Baney states she believes this applicant has met the criteria given the current code language. Ms. Smidt stated changes will be made and brought to the afternoon work session. Assistant Counsel Smith recommends a motion at this meeting for the project, then a motion during the work session regarding the form of the decision. HENDERSON: BANEY: Moves denial of the application and approval of the appeal. Second. Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 7 of 10 VOTE: HENDERSON: Yes. DEBONE: No. BANEY: Chair votes yes. Motion Carried RECESS: At the time of 12:13pm Commissioner Baney called for a short recess and reconvened the meeting at 12:23pm. 22. PUBLIC HEARING: Harper Road Marijuana Production Appeal - Cynthia Smidt, Associate Planner Ms. Smidt presented this item. No conflicts were declared by the Board. Chair Baney opened the public hearing. Ms. Smidt reviewed the hearing procedure, then reviewed the details of the application. Michael Hughes, attorney, and Chris Baker, property owner, presented the proposed operation. Mr. Baker stated if this application is not approved, they have property that could be used for an outdoor hemp grow. Mr. Baker summarized plans for the layout of the property, security, additional employees and potential added traffic on the road. Commissioner Henderson requested the amount of gross revenue expected from this 575 square feet of mature canopy? Mr. Baker replied the actual size will only be about 320 square feet of canopy in a 1,060 square foot space. At first, revenues are anticipated at $100,000-120,000 per year. Commissioner DeBone requested more information about water supply, Mr. Baker mentioned potentially hauling water for several months, but also having water rights to irrigate 8.2 acres from a well and good standing with water master. Chair Baney suggested Mr. Baker supply information in writing that clarifies the water issues. Lucinda Baker, property co-owner, presented information about use of the ranch portion of the property, with horses that have been rescued or retired, where she teaches equine neuro -ethology. She also mentioned one other owned business, Accucast, located in Redmond. Mr. Hughes commented on odor-, noise-, and chemical -control. Commissioner Henderson requested the applicant provide evidence that the proposed odor -control system does remove the odor. Mr. Hughes replied the mechanical engineers report addresses this. Chair Baney requested the will -serve letter and the mechanical engineers report. Ms. Smidt replied they are available online, and she can provide those to the board if the written record is left open. Chair Baney asked for the appellant to present. Ed Fitch, attorney on behalf of Nunzie Gould, presented his recommendation for this application to be denied for several reasons, including violation of county code for multiple types of operations on the same property; conflicts between Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 8 of 10 the proposed site -plan for security measures and requirements from the fire department; lack of proof that the water -hauling plan meets county code; no permit that shows that irrigated water can be used for anything other than pasture; and proximity to the trailhead at only 55 feet away, providing pictures of this as well. Nunzie Gould addressed further concerns such as emergency services access; various access points around the building for people with horses; flow testing for the well drilled in 1998; a building location that doesn't meet county code setback requirements, with which odor impacts should be considered. Ms. Gould encouraged the board to explore OLCC's website for requirements for a micro -tier 1 facility, which this application specifies their OLCC classification would be. Chair Baney called for public testimony: Dan Hebard: As a neighbor to this property, Mr. Hebard expressed his concern for the proposed exception to the 100 foot setback. He stated there are no exceptional circumstances driving an exception, and this decision will set the precedent for others. Additionally, the building was permitted for agriculture, not processing, so it should be considered at what point the work is considered processing. Lastly, Mr. Hebard received a letter from the Bakers stating their intentions, and felt it was an attempt at intimidating neighbors to support this application and he did not appreciate that. Dan Nole: Also a neighbor to this property, Mr. Nole and his wife submitted a letter to the Board stating their opinion. He explained their small development had established Covenants, Conditions and Restrictions (CC&R's), which state no commercial, industrial, noxious or offensive trade of activity should be allowed at any time on any parcel. Mr. Noles other concern is the county's capacity for enforcement, having someone available to report to and to inspect potential violations. Mr. Nole added he also did not appreciate the letter sent out by the Bakers. Tammy Threlkill: Ms. Threlkill stated several concerns: What if there is an emergency and people or animals area locked behind security doors without the codes; Does their water allow them to water their field for horses to graze, have water for horses to drink and to water their entire crop; Do neighboring houses have children around, playing outside. She stated the applicant has not answered the specific questions from the Board, or shown exactly what they intend to do. Additionally, the notice they sent to neighbors did sound threatening. Chair Baney opened the floor for applicant's rebuttal. Commissioner Henderson asked for clarification of the proposed size of the operation, as it seems to have changed. He also requested information about OLCC classifications such as "micro -tier". Ms. Smidt explained why the applicant's floorplan was revised, changing the grow size. She explained that OLCC requires applicants to select a classification based on the grow size, and micro -tier 1 is the smallest. Some applicants share that information in their county applications, but Deschutes County does not review OLCC requirements. Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 9 of 10 Chair Baney requested more information about the fire access road. Ms. Smidt explained this item does not have a specific link to county code, but staff does request comments from the fire department and encourages prospective applicants to contact the fire department to understand the requirements. Mr. Hughes stated the Bakers are in compliance with the fire department. Chair Baney requested the application reflect that, as well as clarify the specific plan for security and access, ensuring it is congruent with fire department regulations for access. Mr. Hughes agreed to address that further in writing. Chair Baney requested they explained how the HVAC and odor -control system are site specific. Mr. Hughs replied this information is in the mechanical engineer report, and Ms. Smidt will get copies to the board. Commissioner Henderson asked whether children are a part of the horse businesses. Ms. Baker stated children have never been part of the business, all clients are 40 and older, but sometimes they may bring their grandchildren to the property. Discussion was held on the calendar and of deadlines for the record, mentioning that the Commissioners have requested more information. The written record will be left open, allowing seven days for new information, then seven days following that for rebuttal but no new information, and finally another seven days for the applicant's final arguments, by January 17th, 2018. OTHER ITEMS: None were offered. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 2:54p.m. DATED this / Day of Feibr County Board of Commissioners. ecord. Secretary —14 v,\-- Tammy Baney, Cr 2017 2018 for the Deschutes 7/r./17,/, Z7:4 M..__ Anthony DeBone, Vice Chair 2017 Philip G. I(eiderson, Commissioner 2017 Minutes of Board of Commissioners' Business Meeting December 27, 2017 Page 10 of 10