Loading...
2018-77-Minutes for Meeting December 27,2017 Recorded 3/5/2018Recorded in Deschutes County CJ201 8-77 Commissioners' Journal 03/05/2018 3:30:10 PM Nancy Blankenship, County Clerk IIIIIIIIIIIIIIIIIIIIIiii8 uu For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS Allen Conference Room Wednesday, December 27, 2017 Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; Christopher Ogren, Administrative Intern; and Laura Skundrick, Board Assistant Secretary. Several citizens and one representative of the media were in attendance. CALL TO ORDER: Chair Baney opened the meeting at 3:22 p.m. FROM BUSINESS MEETING: Consideration of Board Signature of Document No. 2017-773, Decision Related to Marijuana Production and Processing Facility, Evolution Concepts: Cynthia Smidt, Community Development Department presented the revised the document as requested by the Board during the morning business meeting. HENDERSON: DEBONE: Move approval of findings for the marijuana grow and processing application, document #2017-773. Second. Minutes of Board of Commissioners' Work Session December 27, 2017 Page 1 of 5 VOTE: HENDERSON: Yes. DEBONE: Yes. BANEY: Chair votes yes. Motion Carried Mosaic Medical Lease: DeAnn Carr, Health Services Deputy Director, explained this opportunity to expand the Courtney clinic would bring physical and mental health services to a broader population. Mosaic Medical would bring two primary care physicians to the clinic, along with their ancillary staff, with potential to add one additional physician as demand increased. The currently unused areas in the facility would provide Mosaic staff with nine exam rooms, which fits the standard ratio of three rooms per doctor. This is a long term project which will be more expansive than the Certified Community Behavioral Health Clinic (CCBHC) requirement of offering 20 hours of physical care on site. This partnership would help Health Services to meet new Quality Improvement Measures (QIM's) in 2018, for which the value can be estimated around $100,000, which is money that goes back into the community for these services. Additionally, the goal is to manage this CCO-capitated population within the community, a population that needs help and support, which aligns with the county mission. Ms. Carr provided an overview of Deschutes County's locations and services offered. Commissioner Henderson asked what process this opportunity was vetted through. Ms. Carr replied that an RFP was not required for this program, and given that a Federally Qualified Health Center (FQHC) was needed, Mosaic Medical was the only vendor able to provide that. Commissioner Henderson expressed concern that others might have been interested in providing these services. Ms. Carr stated that Mosaic is the only FQHC in Bend, and only one other in the area, located in La Pine. She added if there were other FQHC's available, a process would have been completed to vet the best match. Not only is process to become an FQHC rather difficult, but they are no longer allocating FQHC's— so another provider could not have possibly provided these services. An FQHC is needed because they have the ability to receive wrap payments, which allows them to provide a broader scope of services to a broader group of individuals. Mosaic can and does take anyone as a patient, regardless of variables such as insurance, Medicare, or income. Commissioner DeBone asked about underutilization of rooms. Ms. Carr replied that this will be a full Mosaic Medical clinic, with the goal of getting people through those front doors who may not already be patients of ours but could benefit from our services. Chair Baney further explained that there are currently individuals who receive physical treatment but do not get their mental health needs met and vice versa, noting that the private sector doesn't typically embrace this population, which created a shortage in care. Ms. Carr elaborated that this is a way to provide whole -person care in one place. Minutes of Board of Commissioners' Work Session December 27, 2017 Page 2 of 5 Commissioner Henderson asked whether others know this is occurring. Chair Baney confirmed that yes, there is currently a great push for integration. Commissioner DeBone asked where the requirement for the FQHC maps from. Ms. Carr replied it maps to the Deschutes County facility as a CCHBC. Commissioner Henderson expressed concern that the clinic will make money and could pay rent, and he wants to ensure a fair bargain is negotiated for the county. Ms. Carr assured the board that Mosaic is not turning a profit from these services, and she believes this arrangement is fair. Not only is Mosaic the only FQHC, but Deschutes County receives great benefit from this partnership and Mosaic has the ability to provide a great range of services. Commissioner Henderson requested the percentage of Mosaic services that handles ordinary medical needs and illnesses and what percentage pertains to mental health. Commissioner Henderson requested the commercial price of the space. Mr. Lewis replied an estimated $5,000-6,000/month. Commissioner Henderson stated he would like to do some research, and will send his list of questions to Ms. Carr for her assistance in that research. He would like clarification before he is prepared to approve this agreement. Commissioner DeBone suggested other's perspectives would also be helpful, such as others from Health Services, the private industry, and the Emergency Services industry. Commissioner DeBone asked the effective date of this program. Ms. Carr replied by the end of March. Chair Baney summarized that the commissioners will send questions to Ms. Carr for follow up, and a CCO update will be provided at a future work session. ACTION ITEMS 1. Discussion: Oregon Department of Agriculture Regulation of Marijuana and Hemp - Nick Lelack, Community Development Director This item was moved to an unknown future date in January, due to the Oregon Department of Agriculture being unable to attend today in-person. 2. Discussion on Possible Marijuana Appeals This item was removed from the agenda. EXECUTIVE SESSION: At the time of 4:36pm, the Board went into Executive Session under ORS 192.660(2)(d) Labor Negotiation and ORS 192.600(2)(h) Litigation. The Board came out of Executive Session at 5:27pm. Minutes of Board of Commissioners' Work Session December 27, 2017 Page 3 of 5 OTHER ITEMS: House Bill 4069 — Association of Oregon Counties Request: The commissioners discussed a request from the Association of Oregon Counties (AOC) for a bill established for the short session, requiring the state lottery to distribute the full 2.5% without delay. Commissioners discussed the history behind the lottery and allocations, and agreed in support. 2018 Chair and Vice -Chair: Commissioners discussed the history of rotating positions of Chair and Vice -Chair. Commissioner Henderson stated his desire to be Board Chair. The commissioners discussed Chair responsibilities and Chair Baney proposed that Vice -Chair DeBone become Chair for 2018. Commissioner DeBone agreed and would be honored to serve as chair. BANEY: Move approval. HENDERSON: Second. VOTE: DEBONE: Yes. HENDERSON: Yes. BANEY: Chair votes yes. Motion Carried Commissioner DeBone nominated Commissioner Henderson as Vice Chair. DEBONE: Move approval. HENDERSON: Second. VOTE: DEBONE: Yes. HENDERSON: Yes. BANEY: Chair votes yes. Motion Carried ADJOURN: Being no further discussion, the meeting adjourned at 5:51pm. SIGNATURE PAGE TO FOLLOW. Minutes of Board of Commissioners' Work Session December 27, 2017 Page 4 of 5 DATED this Board of Commissioners. ATTEST• `-ecording Secretary Day of F r CM( 2018 for the Deschutes County Tammy Baney, Chair(2 Anthony DeBone, Vice Chair 2017 Philip G. He derson, Commissioner 2017 Minutes of Board of Commissioners' Work Session December 27, 2017 Page 5 of 5 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, WEDNESDAY, DECEMBER 27, 2017 Allen Conference Room - Deschutes Services Building, 2ND Floor — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. CALL TO ORDER ACTION ITEMS 1. Discussion: Oregon Department of Agriculture Regulation of Marijuana and Hemp - Nick Lelack, Community Development Director 2. Discussion on Possible Marijuana Appeals EXECUTIVE SESSION Executive Session under ORS 192.660 (2) (d) Labor Negotiation and ORS 192.600 (2) h) Litigation 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. Board of Commissioners Work Session Agenda Wednesday, December 27, 2017 Page 1 of 2 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. ADJOURN ®® 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 Work Session Agenda Wednesday, December 27, 2017 Page 2 of 2 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of December 27, 2017 DATE: December 22, 2017 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: Discussion: Oregon Department of Agriculture Regulation of Marijuana and Hemp ATTENDANCE: Nick Lelack, AICP, CDD Director; Sunny Jones, Oregon Department of Agriculture Cannabis Policy Coordinator; Jim Johnson, Oregon Department of Agriculture Land Use and Water Planning Coordinator SUMMARY: In October, Deschutes County initiated a review of its marijuana regulations which were adopted a year earlier in 2016. As part of this review, the Board requested meetings with several agencies including the Oregon Department of Agriculture (ODA). The meeting provides an opportunity for the Board to discuss the responsibilities of ODA for regulating marijuana (or cannabis) and hemp. Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97706-6405 (541) 388-6575 Fax (541) 385-1764 http://www.deschutes.org/cd MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nick Lelack, AICP, Director DATE: December 22, 2017 SUBJECT: Work Session: Oregon Department of Agriculture / Marijuana Regulations I. PURPOSE The Board of County Commissioners (Board) on December 27 is conducting a work session with representatives of the Oregon Department of Agriculture (ODA), including Sunny Jones, Cannabis Policy Coordinator, and Jim Johnson, Land Use and Water Planning Coordinator. The meeting provides an opportunity for the Board to discuss the agency's responsibilities for regulating marijuana (or cannabis) and hemp. Attached are an overview of their regulations. II. OVERVIEW In October, Deschutes County initiated a review of its marijuana regulations which were adopted a year earlier in 2016. To assess their effectiveness of regulating impacts from marijuana production, processing, wholesale, and retail operations in rural Deschutes County, the Board is seeking feedback from stakeholder, residents, and interested parties. As part of this review, the Board requested meetings with several agencies. In addition to ODA, work sessions are scheduled with: • Oregon Water Resources Department and local irrigation districts on January 10, 2018; • Oregon Liquor Control Commission on January 29, 2018; and • Deschutes County Sherriff's Office is pending Attachments: ODA Cannabis Handout ODA Cannabis Webpage ODA Industrial Hemp Webpage Quality Services Performed Tvith Pride OREGON CANNABIS Cultivate your business with the Oregon Department of Agriculture Applying pesticides? • The label is the law • Consult the guidelist • Applicators may need a license' Keeping your water clean? • Know the water quality rules • Follow the ag water quality plan for your area Ing y ?j 3sBuya2legal f orwtra f e scale, use correct c lesize Get scaleyinspection leig is Thr r leasures Voluntary Fee for Service • Pest identification • Disease identification • Noxious weed identification • Certification services The Oregon Department of Agriculture (ODA) administers many programs that affect agriculture producers and processors. These programs could apply to your cannabis business. Oregon More info online: bit.do/CannabisODA o A gricultur kulture Sunny Jones, Cannabis Policy Coordinator: 503-986-4565 of A Oregon Department of Agriculture: Cannabis (marijuana) OREGON.cov Oregon Department of Agriculture / Oregon Agriculture / Cannabis (marijuana) Cannabis (marijuana) Learn About Oregon Agriculture Agricultural Statistics Laws and Rules New and Small Farms Grants, Loans, and Technical Assistance Farm Internships Tractor Training Drought and Disaster Resources Oregon Agricultural Boards and Commissions Agriculture Organizations Celebrate Oregon Agriculture Food Safety Modernization Act Maps The Oregon Department of Agriculture (ODA) administers many programs that affect agriculture producers and processors. These programs could also affect cannabis production, processing, wholesale, and retail activities. The Oregon Health Authority and the Oregon Liquor Control Commission are the lead agencies for medical and recreational marijuana, respectively. Due to ODA's authorities, ODA is associated with many of the elements related to cannabis. This page will continue to be updated as new information is received. Agricultural water quality: Protecting Oregon's waterways The Oregon Department of Agriculture is responsible for developing plans to prevent and control water pollution from agricultural activities and soil erosion on rural lands. Issues related to agriculture that can negatively impact water quality include: • Sediment from eroding croplands, pasture lands, and stream banks • Erosion and runoff from farm roads • Runoff of pesticides or nutrients from fertilizers • Runoff of nutrients and bacteria from animal manure • Cannabis and agricultural water quality handout )- Agricultural lands can protect and improve water quality. For example, healthy streamside vegetation prevents runoff from excessive sediment and stabilizes stream banks. Each region of the state has its own unique way to protect Oregon's waterways. Growing cannabis is an agricultural activity. For more information about cannabis and water quality, visit the Agricultural Water Quality Program. Food safety http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx[12/21/2017 9:28:03 AM] Contacts Oregon Department of Agriculture marijuana questions: marijuana@oda. state. or. us [Lii Oregon Liquor Control Commission recreational marijuana questions: marijuana@oregon.gov L Oregon Health Authority medical marijuana questions: medmj.dispensaries@state.or.us Li More info from ODA Industrial hemp information Cannabis info email subscription Oregon Department of Agriculture: Cannabis (marijuana) In general, ODA is responsible for regulating the production, processing, and distribution of food products in the state of Oregon. • Cannabinoid edibles must be manufactured according to the same standards of that of traditional foods, with the exception of packaging and labeling requirements that were established by HB 3400. • A cannabis -processing license is required, which is not provided by ODA. However, ODA can provide on-site consultation assistance, review site plans, or issue a food safety license. • ODA will not be able to issue a home (domestic) food safety license for the manufacturing of cannabinoid edibles. • Cannabis and food safety licensing handout If you are considering manufacturing a cannabinoid edible, visit the Food Safety Program. Pesticides: What should I know before I use a product? With respect to pesticide use, the pesticide label is the law. • There are no pesticides specifically labeled for the production of marijuana, therefore ODA is developing criteria to help cultivators identify pesticide products that may be used for the production of Oregon cannabis. ODA has compiled a guidance list of pesticide products that satisfy the criteria. • Pesticide labels contain both mandatory and advisory statements in order to provide protection for the pesticide user. Worker safety requirements can differ between an indoor grow and an outdoor grow. Following pesticide label instructions is not only the law but reduces the risk of unintended consequences. • Only general use pesticides may be allowed for cannabis, therefore a pesticide applicator license is not required as long as the pesticide application is made to your own cannabis crop. If you hire an individual or a business to make a pesticide application to your crop, the applicator and business must be appropriately licensed by ODA. For more information about pesticide products and licensing, visit the Pesticide and Fertilizer Program. Scales: What kind of scale do I need? Selling marijuana items, whether the sale is between a grower and a processor or a retailer and a customer, must take place using an ODA licensed commercial scale. All points of a http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx[12/21/2017 9:28:03 AM] Oregon Department of Agriculture: Cannabis (marijuana) commercial transaction must take place on a licensed commercial scale. It is important to remember that not any scale will work. • The scale must be National Type Evaluation Program (NTEP) approved. • The size of the transaction will also dictate the capacity of the scale needed. For example, a scale used to sell large batches of flower to a wholesaler may not be appropriate for selling a small amount of flower to a retail customer. • Cannabis and commercial scale licensing handout 1L For more information about ODA licensed commercial scales, visit the Weights and Measures Program. Resources Business Readiness Guidebook for Oregon Recreational Marijuana Operations This document is intended for establishing OLCC licensed recreational marijuana businesses. Business Readiness Guidebook a� Cannabis & Food Safety Information Information on food safety licenses and cannabis. Cannabis and food safety license handout J Cannabis & Water Quality Information Cannabis and water quality handout ,r Cannabis & Weights and Measures Information Cannabis and commercial scales handout Cannabis email subscription Sign up to receive email when new information is available from ODA on cannabis. Subscribe Cannabis rules & regulations workshop materials From the Oregon Farm Bureau and Oregon Association of Nurseries workshop held October 14, 2015. Website Oregon Cannabis: Cultivate Your Business with ODA ODA administers many programs that affect agriculture producers and processors. These programs could apply to your cannabis business. http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx[12/21/2017 9:28:03 AM] Oregon Department of Agriculture: Cannabis (marijuana) Poster 3 About Oregon.gov Oregon.gov State Directories Agencies A to Z Accessibility Privacy Policy Supported Browsers ODF/$ 1'1 E AN ENEFITS Department of Agriculture http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx[12/21/2017 9:28:03 AM] Oregon Department of Agriculture: Industrial Hemp 4REGON.GOV Oregon Department of Agriculture / Programs / Market Access / Market Access Certification and Inspection / Industrial Hemp Industrial Hemp About Market Access and Certification About Oregon Agriculture Buy Oregon Agriculture Celebrate Oregon Agriculture Oregon Commodity Commissions Certification and Inspection Development and Marketing Specialty Crop Block Grant Contact Us The Oregon Department of Agriculture (ODA) is now accepting applications for the 2017 annual registration to grow and handle industrial hemp. We will begin accepting applications for the 2018 annual registration in mid- November. A registration is needed for growing or handling industrial hemp. An additional registration is needed for those wishing to produce or handle agricultural hemp seed. • Grower registration fee: $1,300 • Handler registration fee: $1,300 • Agricultural hemp seed production registration fee: $120 o The agricultural hemp seed production registration must accompany either a grower or handler registration. Growers Industrial hemp growers registration application (2018) Use this application to apply for growing industrial hemp and handling agricultural hemp seed. Registration application for growing industrial hemp Industrial hemp registration change request form Use this form to revise information that was initially reported on your industrial hemp registration. Change request form )1,. Industrial hemp sample request for growers Use this form to request an official sampling from the ODA or an accredited laboratory. Sampling request for industrial hemp , Production information: Insects and mites http://www.oregon.gov/ODA/programs/MarketAccess/MACertification/Pages/Hemp.aspx[12/21/2017 9:25:09 AM] Contact Market Access and Certification 635 Capitol St. NE Salem, OR 97301 Phone: 503-986-4620 For more information: industrial- hemp@oda.state.or.us L 1 Ron Pence Operations Manager Commodity Inspection rpence@oda.state.or.us h. Phone: 503-986-4557 More info from ODA Find issued hemp licenses Cannabis (marijuana) information Cannabis and pesticides information Oregon Department of Agriculture: Industrial Hemp associated with hemp Info from Colorado State University on all of the "bugs" (insects, spiders, mites, etc.) that might be found in a hemp field. Hemp insects identification website Handlers Industrial hemp handlers registration application (2018) Registration application for handling industrial hemp ), Laboratories ORELAP (Oregon Environmental Laboratory Accreditation Program) accredited laboratories who have completed training with ODA: • Accu Labs • Cascadia Labs • ChemHistory • CS Laboratories • Evio Laboratories • Green Leaf Lab • Iron Laboratories • Juniper Analytics • MRX Labs • OG Analytical • Pixis Labs • Rose City Labs • SC Laboratories Oregon LLC • Synergistic Pesticide Laboratory The Oregon Health Authority's full list of ORELAP accredited labs Industrial hemp pre -harvest testing: Sampling protocol & process All sampling must be performed by personnel employed by a laboratory or ODA. Industrial hemp sampling protocol Industrial hemp on-site sampling form ;44 Industrial hemp pre -harvest testing: Testing protocol All testing must be performed by personnel employed by a laboratory or ODA. Industrial hemp testing protocol ,} http://www.oregon.gov/ODA/programs/MarketAccess/MACertification/Pages/Hemp.aspx[12/21/2017 9:25:09 AM] Oregon Department of Agriculture: Industrial Hemp Industrial hemp pre -harvest: THC report This form is for laboratory use for reporting total Tetrahydrocannabinol (THC) in pre -harvest tests of industrial hemp. Industrial hemp pre -harvest THC report ,L Test results notification form for industrial hemp Test results notification form s` Laws and rules Chapter Law 71 - Updated in 2016 legislative session Replaces ORS 571.300 - 571.315 Industrial Hemp Growers and Handlers Chapter Law 71 - relating to industrial hemp ), Oregon Administrative Rules - Division 48: Industrial Hemp OAR Division 48, 603-048 ). Testing rules for industrial hemp There is a reporting requirement for failed tests on consumable commodities or products by a laboratory. Testing rules are based on requirements provided by the Oregon Health Authority (OHA). OAR 333-007 Marijuana Labeling, Concentration Limits, and Testing OAR 333-064 Accreditation of Laboratories Industrial Hemp Rules Advisory Committee (RAC) The Industrial Hemp Rules Advisory Committee is comprised of varied industry experts, depending on the topic of focus, to help develop rule changes. Please contact ODA if you have additional questions regarding this committee, the members, and their work. • Industrial Hemp RAC meeting minutes from August 8, 2016 Industrial hemp email list Register to receive email correspondence regarding industrial hemp industry implementation and regulation. http://www.oregon.gov/ODA/programs/MarketAccess/MACertification/Pages/Hemp.aspx[12/21/2017 9:25:09 AM] Oregon Department of Agriculture: Industrial Hemp About Oregon.gov Oregon.gov State Directories Agencies A to Z Accessibility Privacy Policy Supported Browsers ODODVh LEantr.A. rr VA a i VE ERAN BE4EFIT5 Department of Agriculture http://www.oregon.gov/ODA/programs/MarketAccess/MACertification/Pages/Hemp.aspx[12/21/2017 9:25:09 AM]