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2018-100-Minutes for Meeting February 21,2018 Recorded 3/21/2018Recorded in Deschutes County CJ2018-100 Nancy Blankenship, County Clerk Commissioners' Journal 03/21/2018 2:47:43 PM IIIIIIII 2018-100 For Recording Stamp On 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, February 21, 2018 Present were Commissioners Tammy Barley, Anthony DeBone and Phil Henderson. Also present were Tom Anderson, County Administrator, Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Assistant. Two representatives of the media were in attendance. CALL TO ORDER: Chair DeBone opened the meeting at 1:32 p.m. ACTION ITEMS 1. Economic Development Loan Request Judith Ure, Management Analyst along with EDCO representatives Caprielle Foote - Lewis, Bill Kuhn, and Bruce Barrett were present to request Board consideration of an economic development loan for Laird Superfood. Laird Superfood is a manufacturer and distributor of nutritious superfood-based beverage products. The Board is being asked to consider a forgivable loan in the amount of $50,000. Laird Superfood will agree to create 25 new jobs with an average pay of $47,960 within the next two years. The headquarters is located in Sisters. The Board expressed support. Minutes of Board of Commissioners' Work Session February 21, 2018 Page 1 of 7 BAN EY: Move approval of $50,000 economic development loan HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried 2. SAMHSA Law Enforcement & Behavioral Health Partnership for Early Diversion Grant DeAnn Carr, Health Services Deputy Director presented this grant opportunity by the Substance Abuse and Mental Health Services Administration. Through a partnership with the Bend Police Department, Health Services would have greater ability to work with individuals of substance abuse and mental health calls. Holly Harris, Crisis Services Program Manager commented on the mental health unit and mobile crisis unit and the ability to allow staff to be in the patrol car to respond to calls. A peer support specialist would be hired as well to do follow-up. This is a five-year grant. A staff person would be stationed at the Bend Police Department and based on nature of the call the mobile team person would co -respond. Commissioner Henderson asked for clarification of the mobile response team. The mobile crisis team (MCAT) is staffed 24 hours per day and 7 days per week and in order to follow the community response team the mobile crisis team would be on staff for periods of two weeks at a time. The funding would cover the costs of three staff. 3. SAMHSA Treatment for Homeless Individuals with Serious Mental Illness Grant DeAnn Carr reported this is a grant opportunity through the Substance Abuse and Mental Health Services Administration. The funding would allow for extending outreach treatment for homeless individuals who struggle with mental health issues. This is a five-year grant. Outreach and support services are for Deschutes County residents with serious mental illness and substance use disorders. Four FTE would be added: one case manager, two peer support, and one staff person to oversee the program. Commissioner Henderson inquired on the staff responsibilities that would allow for the increased services. Nancy Tyler, Intensive Adult Services Program Manager explained the staff would go out and connect with the homeless population about the services available. Colleen Thomas, Homeless Outreach Coordinator reviewed her role in the homeless community and coordination for health care needs. Ms. Thomas feels there will be an increase in outreach and trust with the homeless community. Commissioner Minutes of Board of Commissioners' Work Session February 21, 2018 Page 2 of 7 DeBone inquired if resources provided could help with finding employment opportunities to become a more productive part of the community. Ms. Thomas explained resources to those that will accept the help. Commissioner Baney expressed the need to do all that we can to support our community. The applications for the above two grants reviewed are due the first week of March and the award announcement would be this fall. The City of Bend Police Department has been interested in a co -responder program for the past two years. Commissioner DeBone expressed support for both programs. Commissioner Henderson would like to hear from the Police Department on statistics of the calls. BANEY: Move approval to apply for both grants as presented HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried 4. Consideration of Hearing a Potential Appeal of a Marijuana Production Application at 71160 NW Lower Bridge Way, Terrebonne. In July, an application was filed for an Administrative Determination to establish a marijuana production facility at the subject property in the Exclusive Farm Use zone. At that time, the application was incomplete. Additional information was received. No opposing comments have been received. The decision becomes final if not appealed by the deadline of today at 5:00 p.m. Discussion held on whether the Board should hear the potential appeal. Commissioner Baney inquired if the Board did hear it what additional value would the board be able to provide. Commissioner Henderson would agree with going to the Hearings Officer. Commissioner DeBone agreed on that direction. Mr. Ripper noted the department has not collected hearing's officer deposit fee as of yet. Commissioner Henderson feels that CDD should begin collecting a hearings officer fee on the MJ applications. Commissioner Baney was receptive and suggested a conversation with Nick Lelack regarding Hearings Officer fee collection. Commissioner DeBone also agrees. Commissioner Baney moves that the Board not hear it if there is an appeal. BANEY: Move approval of Order No. 2018-012 HENDERSON: Second Minutes of Board of Commissioners' Work Session February 21, 2018 Page 3 of 7 VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried BREAK: A short recess was taken at 2:28 p.m. and the meeting was reconvened at 2:30 p.m. 5. Discussion: City of La Pine Industrial Land Donation Request James Lewis, Property Management Specialist provided a follow up to the meeting with Corey Misely and Ryan Culp for the land donation request in La Pine. They expressed desire for new business in La Pine by putting capital into growing the business. Their intent was to sell the donation property to a developer. One question was if intent was to diversify the businesses and how to place a restriction to not use the constructed facility for another marijuana businesses. Language was added to restrict uses in violation of federal law. Mr. Lewis commented on La Pine's desire to diversify. The Board expressed support. 6. Grant Application to the Central Oregon Quality Alliance Kathleen Meehan Coop, District Attorney's Office presented this item asking for consideration of submitting a proposal to extend the Goldilocks Clean Slate program for an additional 12 months. The grant award would support the program with staffing and costs to rent out space where the meetings are held as well as bus passes for clients to attend medical appointments. The Central Oregon Quality Alliance is a subcommittee of the Central Oregon Health Council. The Goldilocks program was implemented November 171h and will run the grant for 18 months if receiving this award. To date there were 70 people eligible and have had a 46% attendance rate to participate. HENDERSON: Move approval to apply BANEY: Second Minutes of Board of Commissioners' Work Session February 21, 2018 Page 4 of 7 VOTE: HENDERSON: Yes BANEY: Yes DEBONE: Chair votes yes. Motion Carried 7. 9-1-1 Radio Update Sara Crosswhite, 9-1-1 Deputy Director presented. It was noted that the board appreciates having a standing update regarding the P25 Harris radio system. County Administrator Anderson reported there was User Board meeting yesterday and Harris Corporation continues to implement an identified (but evolving) path to fix the system . .. however we aren't there yet. Commissioner Baney would like to have the Sheriff, Police Chief as well as a representative from ODOT with us for a discussion for information sharing and ways to find a solution. Commissioner DeBone commented on frequency coordination and emergency response and we have to have a successful system. Commissioner Henderson is in favor of the Board devising some questions for Harris. Commissioner Henderson wondered if the Fire Chief should be also included. County Administrator Anderson would contact Chief Porter. Commissioner Baney also feels the members of the User Board may want to have input. Commissioner Henderson hopes for clarity from the executive level at Harris. Ms. Crosswhite noted that two Harris engineers were on site and were unable to recreate all performance deficits/issues. There are staff at Pine Martin to review garbled transmission. There is low wattage equipment that is being upgraded and firmware updates are being done for the portable equipment. Harris says they are vested and marking off things that are completed. Propagation map is still outstanding. Commissioner Baney noted that is key for the discussions for next week. County Administrator Anderson inquired if Jack Pine was included and it is going through permitting with geological with the tribes. If Jack Pine is still being considered Commissioner Henderson would like to know what permitting is required. Commissioner Baney noted public safety should take priority over permitting challenges for tower site concerns. Ms. Crosswhite commented on staff work currently being done. Commissioner DeBone suggested a discussion on Monday. Conference calls are held three times a week. County Administrator Anderson will draft questions for the discussion on Monday. County Administerator Anderson reported on the salary range of the new engineer positions and the level of pay for the specialized industry and a survey was done with other 911 operations departments with engineer level positions. HR looked at department that had the engineer level positions. The engineer wage level would be comparable with the level of pay for the Director. Commissioner Henderson feels a bachelor in engineering is not a rare thing but feels we want someone to be in this position for several years but to have work. Commissioner Baney doesn't want to overhire and Commissioner DeBone sees this as a public safety and the experience would be key. The requirements include a bachelors in engineering, 5 years of experience supervising in a 911 department plus the engineering qualifications. Minutes of Board of Commissioners' Work Session February 21, 2018 Page 5 of 7 EXECUTIVE SESSION: At the time of 3:10 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 3:45 p.m. COMMISSIONER UPDATES: • Commissioner Baney reported the chair of the Oregon Housing Stability Council had to resign last week and the Governor asked Commissioner Baney to chair the housing stability council for the state. Commissioner Baney noted the need to fill the position was immediate. Her term is limited by statute and ends in June so it is not a long term. This does afford us an opportunity for Deschutes County to give input on housing challenges we face. Discussion held on the document recording fee and the ability for the County to offer suggestions for revisions to that bill. Commissioner Baney expressed her support for emergency funding to help with the homeless population. Discussion held on where the dollars from the fee are distributed. Judith Ure, Management Analyst was present for the discussion. Ms. Ure will contact our Lobbyist PAC WEST to check into history of support letter for this bill. Commissioner Henderson is not supportive of making a statement and has already opposed this bill on record at the AOC level. Commissioner DeBone asked for input on a letter to submit to congressmen in Washington DC on forest management and smoke management. He will contact County Forester Ed Keith and Senior Advisor Joe Stutler for statements on partnerships for federal forest policy. Commissioner DeBone's request is for the senators to become engaged. Commissioner Henderson is supportive of a letter and hopes that Oregon's two U.S. Senators get along in order to support a joint solution. Commissioner DeBone will draft a letter and bring it to the Board for consideration next week. • Judith Ure reported on the legislative conference call scheduled for February 27th. The following call is scheduled for March 6th when the Board is at the NACO conference in Washington DC and inquired on the Board's direction. The Board directed the call be cancelled and Ms. Ure will contact PAC West. Minutes of Board of Commissioners' Work Session February 21, 2018 Page 6 of 7 At this time, County Counsel Doyle has to be excused for another meeting. • Commissioner DeBone reported on the interviews completed for the vacancy on the Audit Committee. Commissioner DeBone, Internal Auditor David Givans, and Audit Committee Chair Lindsey Lombard conducted interviews with three candidates. The panel recommends appointing Eileen Kiely. Commissioner DeBone noted at the end of Ms. Kiely's interview she commented she is running for Gene Whisnant's seat. Discussion held whether holding a position on the Audit Committee would prove to be a conflict. The next Audit Committee is scheduled for March 8. This item will need to be held for further review. • Discussion held on the format of meeting minutes based on conversation at the Business Meeting. Commissioner Baney commented there is a difference between the work session and business meeting based on what is captured on audio and video recordings. Commissioner Henderson reiterated his point of certain items that are said are important and he wants to note the other Commissioners also have opportunity to amend the draft minutes but would prefer to have County Counsel present for further discussion on the matter. ADJOURN: Being no further discussion, the meeting adjourned at 4:28 p.m. DATED this Da of C 2018 for the Deschutes County Y Board of Commissioners. ATTEST. Recording Secretary Minutes of Board of Commissioners' Work Session February 21, 2018 Page 7 of 7 REVISED: 2/21/18 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, FEBRUARY 21, 2018 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. Economic Development Loan Request - Judith Ure, Management Analyst 2. SAMHSA Law Enforcement & Behavioral Health Partnerships for Early Diversion Grant - DeAnn Carr, Health Services Deputy Director 3. SAMHSA Treatment for Homeless Individuals with Serious Mental Illness Grant - DeAnn Carr, Health Services Deputy Director 4. Consideration of Hearing a Potential Appeal of a Marijuana Production Application at 71160 NW Lower Bridge Way, Terrebonne. - Jacob Ripper, Associate Planner 5. Discussion - City of La Pine Industrial Land Donation Request - James Lewis, Property Management Specialist 6. 9-1-1 Radio Update - Sara Crosswhite, Deputy Director Add -On 7. Grant Application to the Central Oregon Health Quality Alliance - Kathleen Meehan Coop, District Attorney's Office Add -On Board of Commissioners Work Session Agenda Wednesday, February 21, 2018 Pagel of 2 COMMISSIONER'S UPDATES EXECUTIVE SESSION EXECUTIVE SESSION under ORS 192.660 (2) (e) Real Property Negotiation At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. 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.org/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, February 21, 2018 Page 2 of 2 DATE: 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 February 21, 2018 FROM: Judith Ure, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: Economic Development Loan Request RECOMMENDATION & ACTION REQUESTED: Approve request for an economic development loan in the amount of $50,000 to Laird Superfood. SUMMARY: Deschutes County, in partnership with Economic Development for Central Oregon (EDCO) operates an Economic Development Loan program for the purpose of providing funds to businesses that are seeking to create new, family -wage jobs within the community. Loans are conditioned upon the business creating the new jobs within 24 months, then maintaining them for a consecutive 12 -month period. If these terms are met, the loan may be converted to a grant that does not require repayment. If not, all or a portion of the funds must be repaid with 8% interest per annum. Loans are made from the Economic Development Loan Fund which currently has an unencumbered cash balance of approximately $182,000. EDCO is recommending to the Board of Commissioners that a loan be made to Laird Superfood, a manufacturer and distributor of nutritious beverage products. As described in the attached briefing paper, Laird Superfood will agree to create 25 new jobs with an average pay of $47,960 in return for a loan of $50,000. ATTENDANCE: Caprielle Foote -Lewis, Economic Development for Central Oregon, members of the Due Diligence Committee, and Judith Ure. BRIEFING PAPER LAIRD SUPERFOOD Request for Deschutes County Economic Development Loan Fund Company Request: $50,000 EDCO Recommendation: $50,000 Application Date: November 27, 2017 Expected Job Creation (Q2 2017- Q4 2019): 25 Average Pay for New Employees: $47,960 Project Investments: approx. $7 Million Industry: Specialty Food Production Website: https:/Zlairdsuperfood.com/ Company Background Laird Superfood is a manufacturer and distributor of nutritious superfood-based beverage products including their award-winning superfood coffee creamer. They started with the over $40 Billion coffee industry selling gourmet Peruvian coffee with their superfood creamer and have since expanded their product line to include additional beverage supplements - all with a proposed health benefit for active health -conscious consumers. They compete directly with Coffee Mate and soon Gatorade by steering consumers toward a healthy energy boosting alternative with an identifiable brand name similar to Newman's Own. The company's mission is to provide healthy wholesome food products to the mass markets by making the products affordable and available to all. After extensive market research utilizing the fan base of co -Founder and world -renown big wave surfer Laird Hamilton with his famous volleyball Olympian wife, Gabby Reece, the owners made the decision to headquarter the start-up in Sisters in Q4 2015 where local co -Founder Paul Hodge can more directly manage the business. This exciting growth company focuses on selling its products on the internet through their store front website and Amazon. Investments made in ad -spend have a high rate of return and sales more than doubled in 2017 with an expectation to triple in 2018. However, Laird Superfood products can be also found in grocery chains and independent stores such as; Thrive, Azure, Ray's, Food 4 Less, Market of Choice, Newport Market also owner of Melvin's Fir Street Market in Sisters with requests to supply more grocers in 2018. 2016-2017 the average full-time employment was 4. Beginning in June 2017, hiring began to increase with expectation to be near 50 employees in the next few years. They will be moving from their temporary production facility to a new campus that includes two new buildings (under construction) with production and packaging areas, clean rooms, storage area for raw materials and finished goods, offices, and a work out facility for employees. This new devlopemnt will increase their operations space from 4.8k square feet to 23.3k square feet. Deschutes County Economic Development Loan funds, if approved, would be used to help onboard and train all the new hires, offset moving and high tenant improvement costs, and to purchase new production equipment. Due Diligence DCEDF Due Diligence Committee (Bruce Barrett, SCORE Central Oregon Chapter & Windermere Central Oregon Real Estate; Bill Kuhn, First Interstate and Eric Strobel, Barrett Business Services, Inc.) and EDCO's Caprielle Lewis met with Paul Hodge - co-Founder/Owner and Angela Linker - Chief of Staff of Laird Superfood on December 14, 2017. The Committee heard from and asked questions of Hodge and Linker, toured the facilities, sampled the products, and visited the site of the new campus under construction. On December 21St, the Committee met again with Hodge and Linker to review the company's current and historical financial statements documents. Findings Summary The due diligence committee was extremely impressed by the company's business growth strategy, sales growth, mission, quality of products, management team, as well as their solid financial profile. There is an exciting opportunity for much higher margins with the upcoming expansion. The ability to store larger amounts of raw materials and increased productivity with investment in new equipment and proven ROI in ad spends, the company is poised to continue at a healthy growth rate. Since the first expansion wave Q2 2017, the company has already hired 6 of the anticipated 25 new employees. Recommendation EDCO and the Committee recommend an award of $2,000 per job for a total of $50,000 with the following conditions: • Company hires 25 full-time employees by December 31, 2019, for a total employment of 29 or more, and maintains that employment through December 31, 2020, or four consecutive quarters, per the standard Deschutes County contract for this fund. • Company provides quarterly employment updates and the ability to inspect complete financial statements from award date through termination of the yet -to -be executed agreement with Deschutes County. Failure to meet the above provisions would result in partial or full repayment of the loan, with interest. 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 February 21, 2018 DATE: February 16, 2018 FROM: DeAnn Carr, Health Services, 541-322-7633 TITLE OF AGENDA ITEM: SAMHSA Law Enforcement & Behavioral Health Partnerships for Early Diversion Grant RECOMMENDATION & ACTION REQUESTED: Staff recommend approval to apply for the Law Enforcement and Behavioral Health Partnerships for Early Diversion grant to be awarded by the Substance Abuse and Mental Health Services Administration. ATTENDANCE: George A. Conway, Health Services Director; DeAnn Carr, Health Services Deputy Director; Holly Harris, Health Services Crisis Services Program Manager; James Wood, Health Services Business Manager; Chief Jim Porter and Captain Cory Darling, Bend Police Department SUMMARY: Health Services is seeking the Board of Commissioners' approval to apply for a grant to be awarded by the U. S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA). The Law Enforcement and Behavioral Health Partnerships for Early Diversion grant would provide $330,000 per year for up to five years. The purpose of this program is to establish or expand programs that divert adults with a serious mental illness or substance use disorder from the criminal justice system to community-based treatment services prior to arrest or booking. If awarded, this funding would provide the opportunity for additional collaboration with the Bend Police Department to reduce the number of individuals with serious mental illness who end up in the criminal justice system. Grant funds would be used to add a co -responder program to the existing mobile crisis team. A staff person would be embedded at the Bend Police Department and co -respond with the community response team to mental health crisis calls for service. Given the County's commitment to The Stepping Up Initiative and the observed increase in mental health and substance use disorder calls to law enforcement, it is appropriate to add these new activities at this time. Deschutes County Health Services 0 ;{ GRANT APPLICATION REQUEST Official Grant Title: Law Enforcement and Behavioral Health Partnerships for Early Diversion I Source of Grant Funds: Department of Health and Human Services Substance Abuse and Mental Health Services Administration -(SAMHSA) Funding Amount (include amount 1$330,000 per year for up to 5 years per�ear if multiple years): Required Matching Funds (if 125% in kind matching Application Due Date and !March 5, 2018 Submission Method: ................._............ ._..._......_....._........ _......... ___.......... _... _._.._.__..... - ----...._..............................,. FTE Required and Cost of FTE: 3 FTE/$250 000 _-.....____......._ _......._._.__.__ ..._..__N. Staff Responsible: ;Holly _Harris, Program Manager Crisis. Services Grant Administrator (if awarded -._..__.._. .._.......... )'- Holly Harris answer the following questions: 1. Briefly summarize what work the grant is intended to accomplish.: The purpose of this program is to establish or expand programs that divert adults with a serious mental illness or substance use disorder from the criminal justice system to community-based treatment services rior to arrest or booking. — 2. What priorities in the Health Services Strategic Plan would this grant activity support? Provide data to describe a documented health need that would be addressed and that is consistent with the Strategic Plan. This grant meets the following priorities in the Health Services Strategic Plan: Goal 1.B, "Implement evidence -based programs and/or best practices in health promotion and prevention" and Goal 2.A, "Coordinate and integrate services through collaborative community partnerships" Data indicates that a significant number of individuals that come into contact with law enforcement have a mental health disorder. The U. S. Department of Justice reported that 1 in 7 state and federal prisoners (14%) and 1 in 4 jail inmates (26%) reported experiences that met the threshold for serious psychological distress. Approximately one quarter of a million individuals with serious mental illness are incarcerated at any given moment; about half arrested for non-violent offenses such as trespassing or disorderly conduct. The Bend Police Department reports that during 2017 they received 1,809 calls regarding individuals with associated mental health and/or substance use issues. Data from the Bend Police Department regarding AMI (allegedly mentally ill) and suicidal calls shows ongoing increases, e.g., 664 calls were received in 2010 compared to the 1,809 calls receivedin 2017 for an overall increase of 172%. Rev.9/18/2015 3. Would this support core program activities and, if so, which one(s)? Are additional funds needed to support these activities? This program supports the core activities of the existing crisis team which include supporting law enforcement when managing a mental health crisis situation, as well as our goals of keeping those with mental health conditions out of the criminal justice system when appropriate. No additional funding is needed as the grant will cover associated costs. 4. Does this funding add new program activities? If so, what are the activities? Is it appropriate to add these new activities at this time? _..._ .x ....w._. .... .This program would add a co -responder program to the existing mobile crisis team. A staff person would be embedded at the Bend Police Department and co -respond with the community response team to mental health crisis calls for service. Given the County's commitment to The Stepping Up Initiative and the increase in mental health and substance use disorder calls to law enforcement, it is appropriate to add these new activities at this time. 5. Is there a science base to support delivering the activities and services listed? Please describe that science base. SAMSHA recognizes co -responder programs as best practices in diverting those with mental illness and substance use disorders from the criminal justice system. This is a national model and supported by CIT international.' 6. How long would the funding be available? If the funding is for less than three years, what is the plan to transition the work, staffing and expenses after the funding ends? ( Fundinq is available for up to 5 years µ„ . 7. What is the application deadline? Do you anticipate any problems meeting this deadline? ..,__....._._.�.�.�.. —�.� March 5, 2018. We do not anticipate trouble meeting this deadline --.�_. 8. Do you have the staffing to write a competitive proposal? If not, how will you contract for these services? _.... __.._ ... ..... ... .... ..... [._Current staffi 11. What are the potential political issues that could arise as a result of this application, funding, and/or activity? This funding provides the opportunity for additional collaboration with a key community partner to divert individuals from the legal system, reducing demand upon other system partners. Partnering with law enforcement to reduce the number of individuals who end uta in the criminal justice system benefits the entire community_. 12. What is the fiscal impact to the department if we are awarded this grant? ATTACH fiscal impact analysis completed with Business Manager approval. .The grant will pay up to $300, 000 of direct program costs and will contribute a 10% de - minimus rate, or $30, 000 in funding, to the department's administrative overhead. It is currently anticipated that the direct costs will cover 3.0 FTE over the duration of the grant, in addition to some minor materials and services for operations. It is also anticipated that the five-year grant will be awarded on an annual basis, with renewals subject to grantor appropriations. Given the short-term duration of the grant, the related positions are recommended to carry a designator of limited -duration FTE. The grant does require an in-kind match of 25% (or approximately $110, 000) that will be fulfilled through in-kind contribution from the City of Bend, and additional indirect charges above the 10% de -minimus rate provided by the gran#.m.� 13. Will a contract be required if we are awarded this grant? If yes, is there sufficient time to complete the contract process (estimated timeline: 4-6 weeks) prior to starting the work? No contract will be needed for th�rojecf, Department Di ector Signature Date Director to Attend Board Meeting? (check one) Yes No Contract Specialist Review: Board Meeting Date: Time: Grant Application Number: Rev. 9/18/2015 L m cu m u LL V w E d CL N 1� m Q H Z O O N N 00 T O O 0 0 m O M M T O O O M M 7W. u` H Ln 4T 9 t O W � R � O � L � LLI a c c o c m Lu c c w S E A m 3 = E m v m c N E m .E Em .ow GJ = o M 3 w ro O CJ 4 to p aC-' aa 41 u O txo c f0 c Ln by w 0 -1 o uE 'Li.,LF, E O to E L C N +, o v °-, m ti a '> "u O c a O O = O .0 O = m 19 W L 0 CL o >_ M Y C �° O 3 c 'E a 0 a d m S S S S u1 Ln C pS ONY O S O Ln S N N N ^ co it in '{h Vl ih Vi in Vl C5 o S S S Q; Ono 1 q N m m vl vl vl vl vl vl vl S f 1 O O R S o S Q M M -1 1 m ILL in in in Vl Vi Vl ill B S O O OO O op p pp S 1 O O u1 C O L" O O M M ei M in Vl Ul in in ill in 88 S S o 0 m 1 1 S� 9S Ln Ln rn Ln m m .•i M in ill in ill in vl vl $ O S S 0 0 M 1 O op O; 10 00 O O d V1 N O lmp nd N d it 1-i N in ill in ill in NNQ 10 wC D. E V CL L -c o O LA t N ih c o ro :° 0 O O N N 00 T O O 0 0 m O M M T O O O M M 7W. u` H Ln 4T 9 t O W � R � O � L � LLI a c c o c m Lu c c w S E A m 3 = E m v m c N E m .E Em .ow GJ = o M 3 w ro O CJ 4 to p aC-' aa 41 u O txo c f0 c Ln by w 0 -1 o uE 'Li.,LF, E O to E L C N +, o v °-, m ti a '> "u O c a O O = O .0 O = m 19 W L 0 CL o >_ M Y C �° O 3 c 'E a 0 a d m 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 February 21, 2018 DATE: February 16, 2018 FROM: DeAnn Carr, Health Services, 541-322-7633 TITLE OF AGENDA ITEM: SAMHSA Treatment for Homeless Individuals with Serious Mental Illness Grant RECOMMENDATION & ACTION REQUESTED: Staff recommend approval to apply for the Treatment for Individuals with a Serious Mental Illness, Serious Emotional Disturbance, or Co -Occurring Disorder Experiencing Homelessness grant to be awarded by the Substance Abuse and Mental Health Services Administration. ATTENDANCE: George A. Conway, Health Services Director; DeAnn Carr, Health Services Deputy Director; Nancy Tyler, Health Services Intensive Adult Services Program Manager; Colleen Thomas, Homeless Outreach Coordinator; James Wood, Health Services Business Manager; Chief Jim Porter and Captain Cory Darling, Bend Police Department SUMMARY: The Treatment for Individuals with a Serious Mental Illness, Serious Emotional Disturbance, or Co -Occurring Disorder Experiencing Homelessness grant would provide $500,000 a year for up to five years. If awarded, this grant would allow for enhanced outreach and support services for Deschutes County residents with serious mental illness and substance use disorders who are experiencing homelessness. Grant funds would be used to add staff to perform outreach and support activities to Deschutes County's homeless population with the goal of assisting individuals in need to access and engage in behavioral health services. Currently, Health Services has one staff person providing outreach and support services for homeless individuals. In 2017, this staff person provided service to 347 individuals. ES Deschutes County Health Services o A ,A.. GRANT APPLICATION REQUEST Official Grant Title: Treatment for Individuals with a Serious Mental Illness (SMI), Serious Emotional Disturbance (SED), or Co - Occurring Disorder (COD) Experiencing Homelessness Source of Grant Funds: ::Department of Health and Human Services Substance Abuse and Mental Health Services Administration SAMHSA) Funding Amount (include amount 1$500,000 per year for up to 5 years per year if multiple years Required Matching Funds (if 'Matching not required applicable): — Application Due Date and March 9, 2018 Submission Method: _ FTE Required and Cost of FTE: 4 new FTE & partial fundin for existing position/$381,000 Staff Responsible: NancLTTyler, Program Manager, Intensive Adult Services Grant Administrator (if awarded): Nancy Tyler Please answer the following questions: 1. Briefly summarize what work the grant is intended to accomplish: This grant would allow for enhanced outreach and support services for Deschutes County residents with serious mental illness and substance use disorders who are experiencing homelessness. 2. What priorities in the Health Services Strategic Plan would this grant activity support? Provide data to describe a documented health need that would be addressed and that is consistent with the Strategic Plan. Providing outreach and support services for homeless individuals with serious mental illness and substance use disorders will address the following priority in the Health Services Strategic Plan: Goal 2: Assure Needed Health and Human Services, Strategy D, "Increase use and ease of access to appropriate services by underserved, marginalized, and at risk populations." The intended result is that clients and the community will experience a streamlined and coordinated system of services. Documentation of need includes: The 2017 Point In Time Homeless Count for Deschutes County tallied 1,241 unduplicated homeless individuals. Of these 1,241 individuals, 493 of them were unsheltered, 194 were staying in a local shelter and 554 individuals were considered precariously housed. Of all of these individuals, 162 were considered chronically homeless. In total, there was a 31 % increase in homelessness from 2015-2017 in central Oregon and the numbers continue to rise. Rev. 9/18/2015 3. Would this support core program activities and, if so, which one(s)? Are additional funds needed to support these activities? This grant will support core program activities associated with the homeless outreach program. The grant will cover all costs associated with the enhanced programing. No additional funding is needed. 4. Does this funding add new program activities? If so, what are the activities? Is it appropriate to add these new activities at this time? This program will add staff to perform outreach and support activities to Deschutes County's homeless population with the goal of assisting individuals in need to access and engage in behavioral health services. Currently, Health Services has one staff person providing outreach and support services for homeless individuals. In 2017, this staff person provided service to 347 individuals. The funding will also cover staffing for grant - required activities such as community homeless system coordination, and data tracking and reporting. _ 5. Is there a science base to support delivering the activities and services listed? Please describe that science base. vSAMSHA recognizes the need for outreach and engagement as a means of connecting homeless individuals with needed behavioral health services. Research shows that outreach and engagement decrease hospitalization and legal syster» involvement. 6. How long would the funding be available? If the funding is for less than three years, what is the plan to transition the work, staffing and expenses after the funding ends? Funding is available for up to five years.~ __�_ �� `�� 7. What is the application deadline? Do you anticipate any problems meeting this deadline? [ March 9, 2018. No anticipated problems with the deadline. 8. Do you have the staffing to write a competitive proposal? If not, how will you contract for these services? [ Current staffing is appropriate to write a competitive proposal. 9. Are there any matching requirements? 10. What other partner organizations could potentially be applying? What is the plan to work with them? No other partner organizations are applying 11. What are the potential political issues that could arise as a result of this application, funding, and/or activity? Rev.9/18/2015 +This will have beneficial political outcomes. More extensive outreach will allow for more referrals to numerous partner agencies that provide other types of supports to homeless individuals. 12. What is the fiscal impact to the department if we are awarded this grant? ATTACH fiscal impact analysis completed with Business Manager approval. The grant will pay up to $455,000 of direct program costs and will contribute a 10% de - minimus rate, or $45, 000 in funding, to the department's administrative overhead. It is currently anticipated that the direct costs will cover 4.0 FTE over the duration of the grant, in addition to some minor materials and services for operations. It is also anticipated that the five-year grant will be awarded on an annual basis, with renewals subject to grantor appropriations. Given the short-term duration of the grant, the related positions are recommended to carry a designator of limited -duration FTE. The grant does not require a fiscal or in-kind match; however, additional staffing as it relates to management/oversight will be provided via in-kind contribution. 13. Will a contract be required if we are awarded this grant? If yes, is there sufficient time to complete the contract process (estimated timeline: 4-6 weeks) prior to starting the work? No contract will be needed for the -project. Department rec or Signature Da Director to Attend Board Meeting? (check one) (Yes No Contract Specialist Review: Board Meeting Date: Time: Grant Application Number: Rev. 9/18/2015 L: R a V w E CL R Q Z W C i v} 4A MA: 39 L CL C w C b t1D 46 0 00 $$ M o � to o IgM O 0 4L-� 0 a H'r-t N N a a o 3 a H W to to W = L y L - t/T .® E In v} in in tn voi O $ 0 aci $ $ $ L LO v 0 0 a do r U L m L L P .00rq W E o y m v o Nko C fa m 14tLn m E N �V-t Qa � L m Y •D 3 m Oto 0 vq -.n in +n ,n v) -lin — O $goo 0 0 c Ou O$ C C O O u u` M Ln OLn O c C O O OIN ::� 0 +ov VV �y `n $ C `nn $ L u0i 7 0 O D Ln E 401) D C 3 E ow'a $ o 0 $ o T-4 • 0 $ $ Y W 1 Ln It 0 o tv' m O O �O Ou w LO LA N rf Lni 4A m m in 0 in to �n rn in <rr v} CL v $$ d 0 0 g 0 O cg N M pppp — 41 3 'L° 4 * O O N O L Eto twN M N N � L i d' O H r4 Ln V} v♦ vY t!? v} vY i/T c 0 $ $ rn o rl 0 M 000 M V) W ; v) Idin Vt 41 CbD n.; 0 E 3 w m � C 3 41 c :° to E 0 o $ rt L d N ` 3 A 0 (0 41 v} 4A MA: 39 L CL C w C b t1D 46 M o W r- 0 > O 0 4L-� 1 0 o ao ,.; a a o 3 a W to to W = L y L - .® E > voi O U ° aci d ° O 4 E L LO v L4 v c a do r U j Ln m L L ? LA W E o y m o m 3 o U{�J C fa { tz N u m E L Qa � L m Y •D 3 m Oto 0 v )o n E E — O C c Ou +�•' 0 C C O O u u` M Ln u •n 0 c c C O O b C m J9 a a) Y �y C L u0i 7 0 O D s E 401) D C 3 E ow'a a i C c T to L Y i 41 c L C >. 41 O O �O Ou w LO LA �' Lni 4A m m a) 0 +' E m sT CL v d 0 > M C 0c CL > .0c a) — 41 3 'L° m 0 O N c L Eto twN M +' L I-- F . 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 February 21, 2018 DATE: February 9, 2018 FROM: Jacob Ripper, Community Development, 541-385-1759 TITLE OF AGENDA ITEM: Consideration of Hearing a Potential Appeal of a Marijuana Production Application at 71160 NW Lower Bridge Way, Terrebonne. RECOMMENDATION & ACTION REQUESTED: The Board will consider hearing a potential appeal of an administrative decision (File No. 247- 17 -000604 -AD) approving a marijuana production application. ATTENDANCE: Jacob Ripper, Associate Planner SUMMARY: Staff considers an appeal is unlikely based on receiving no public comments or other communications during the review period. Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://,,Nww.deschutes.org/cd STAFF MEMO Date: February 21, 2018 To: Board of County Commissioners From: Jacob Ripper, Associate Planner Re: Hear Potential Appeal for Administrative Decision (File No. 247 -17 -000604 -AD) The Board of County Commissioners (Board) will conduct a work session on February 21 at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File No. 247- 17 -000604 -AD) approving a marijuana production application. Application On July 21, 2017, an application was filed for an Administrative Determination (AD) to establish a marijuana production facility at 71160 NW Lower Bridge Way, Terrebonne. The applicant requested approval to establish a marijuana production facility in the Exclusive Farm Use (EFU) zone. The proposal consists of a maximum mature plant canopy size of 5,000 square feet. II. Decision On December 15, 2017, the application was deemed complete after the applicant submitted additional information. No public comments have been received. The Planning Division issued an administrative decision without a public hearing for marijuana production on February 9, 2018, determining the applicant met the applicable criteria (Attachment 1). Notice of the decision was sent to neighboring property owners. The decision becomes final if not appealed by 5:00 PM on February 21, 2018. III. Appeal No appeal has been filed yet. Staff considers an appeal is unlikely based on receiving no public comments or other communications. IV. 150 -day Issuance of a Final Local Decision The 150 -day period for issuance of a final local decision is May 14, 2018. Quality Services Perfvrtned With Pride V. Board Options Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners to initiate review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body. The 12th day following the mailing date of this decision is February 21, 2018. Attachment 2 is a Board Order to initiate a de novo review of this file, should a timely appeal be filed. Attachments: 1. Administrative Decision for File No. 247 -17 -000604 -AD 2. Site Plan (staff will being larger 11" x 17" copies to meeting) 3. Board Order to Initiate Review -2- Community Development Department (Planning Division Building Safety Oivision Environmental Soils Division P.O, Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (54 1) 388-6575 Fax: (541) 385-1764 http://,Arww. d e s c h ute s, o rg/c d FINDINGS & DECISION FILE NUMBER: 247 -17 -000604 -AD APPLICANT/ OWNER: Tivadar Bernhardt PO Box 263 Terrebonne, OR 97760 ATTORNEY: Michael R. Hughes PO Box 7619 Bend, OR 97708-7619 PROPOSAL: The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the EFU Zone with a maximum of 5,000 square feet of mature plant canopy. STAFF CONTACT: Jacob Ripper, Associate Planner APPLICABLE CRITERIA Deschutes County Code (DCC): Title 18, Deschutes County Zoning Ordinance Chapter 18.16, Exclusive Farm Use Zones Chapter 18.116, Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS A. Location: The subject property has an assigned address of 71160 NW Lower Bridge Way, Terrebonne; and is identified on the County Assessor's Map No. 14-12-(08), as tax lot 1200. B. Lot of Record: The subject property is a legal lot of record as it is Lot 2 of Minor Land Partition MP -79-145 (County Survey #00166). C. Zoning: The property is zoned Exclusive Farm Use — Lower Bridge subzone (EFU-LB), and is designated Agriculture on the Deschutes County Comprehensive Plan. Quality Set -vices 1'ctrfiwin d weith Pride D. Proposal: The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the EFU Zone with a maximum of 5,000 square feet of mature plant canopy. The applicant proposes to use three existing greenhouses, one existing shop, and one proposed secure storage structure in association with the marijuana production. E. Site Description: The subject property is 20.00 acres in size. The property is mostly flat, with a canyon area sloping down from the northwestern portion of the property. It does not front on a public right-of-way and obtains access from W Lambert Road, a County - maintained rural local road, and what appears to be a driveway across tax lot 1201 to the west of the subject property. It is developed with a dwelling, a shop, three greenhouses, and several small structures accessory to the residence. Development is clustered in the far northern portion of the property near or along the canyon rim. Subject Property F. Public Agency Comments: The Planning Division mailed a Notice of Application and received comments from the following agencies: Deschutes County Building Division: The Deschutes County Building Safety Divisions code required Access, Egress, Setback, Fire & Life Safety Fire Fighting Water Supplies, etc. will be specifically addressed during the plan review process for any proposed structures and occupancies. All Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. 247 -17 -000604 -AD Page 2 of 17 Deschutes County Senior Transportation Planner, Peter Russell: I have reviewed the transmittal materials for 247 -17 -000604 -AD for a marijuana production (growing) operation in the Exclusive Farm Use (EFU) zone at 71160 NW Lower Bridge Way, aka 14-12-00, Tax Lot 1200. 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. 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 has not provided the size of the various greenhouses. The application states 5,000 square feet of mature canopy is the goal, but the County bases its SDC on square footage of the greenhouse, not the plant. At a minimum, the SDC would be $6,299 (0.32 X 5) X $3,937. Keep in mind the actual SDC will be higher as the total size of the greenhouses most likely will be greater than 5,000 square feet. 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. The following agencies either had no comment or did not respond to the notice: Deputy State Fire Marshal, Deschutes County Assessor, Deschutes County Environmental Soils Division, Deschutes County Sheriff, Oregon Liquor Control Commission, Three Sisters Irrigation District. G. Public Comments: The Planning Division mailed a written notice of this action to property owners within 750 feet of the subject property on July 26, 2017. The following concerns were expressed in a comment letter which opposes the County's marijuana regulations. Those comments and concerns are summarized below: The County's Right to Farm ordinance in Title 9, specifically Section 9.12.080 supersedes marijuana regulations in Title 18, Section 18.116.330 Oregon Revised Statutes (ORS) 4756 — Cannabis Regulation prohibits public land use processes DCC 18.116.330 violates "reasonable" local time, place, and manner conditions allowed by ORS 4758.340 The Deschutes County Code (DCC) would only allow the Planning Division (and any other County hearings body) to approve or deny this application based on the criteria, listed in Applicable Criteria, above. All applicable criteria of the DCC are addressed in Section III below. In regards to the Title 9, ORS 47513, and time, place, and manner regulations in DCC 18.116.330, the applicant has requested approval of marijuana production in the Exclusive Farm Use Zone, which is a use permitted outright in DCC 18.16.020(S), subject to the 247 -17 -000604 -AD Page 3 of 17 provisions of DCC 18.116.330. The County Commissioners constitute the legislative branch of Deschutes County government and enact applicable law via ordinances, which then are codified in the Deschutes County Code. Staff only has the authority to enforce the law as it is currently written. Staff cannot revisit the propriety of the Commissioners' decision to adopt ordinances that allow and regulate marijuana production facilities in the EFU zone as an outright permitted use. H. Review Period: This application was submitted on July 21, 2017. It was deemed incomplete on August 15, 2017. After the applicant submitted additional information, the application was accepted and deemed complete on December 15, 2017. The 150th day on which the County must take final action on this application is May 14, 2018. The applicant has also complied with the posted notice requirements of Section 22.23.030(B) of Title 22. The applicant has submitted a Land Use Action Sign Affidavit for the application dated October 12, 2017, that indicates that the applicant posted notice of the land use action on August 11, 2017. III. FINDINGS A. Chapter 18.16, Exclusive Farm Use Zones Section 18.16.020. Use Permitted Outright. The following uses and their accessory uses are permitted outright. S. Marijuana production, subject to the provisions of DCC 18.116.330. FINDING: The proposed marijuana production facility is permitted outright in the EFU zones, subject to the provisions of DCC 18.116.330, which are reviewed below. 2. 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The applicant did not submit building elevations or a description of the height of the structures, however, this standard can be met through a condition of approval. The following condition of approval has been added to ensure compliance with this standard. Building Height: No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. 3. Section 18.16.070. Yards. A. The front yard shall be a minimum of. 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. 247 -17 -000604 -AD Page 4 of 17 C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The subject property does not front on a public right-of-way. According to the definition of front lot line', staff determined that the western property line is the front property line. Although the property's address is on NW Lower Bridge Way, the property gains access from NW Lower Bridge Way from W Lambert Road, a rural local road and the required front yard setback is 40 feet. The proposal is to locate the production facility within four existing structures and one proposed structure that are clustered in the same general area. The submitted plot plan indicates the structures will be a minimum of 125 feet from the western front property line. The proposal is not for a non-farm dwelling, therefore, the required side and rear yard setbacks are 25 feet. The submitted plot plan indicates a northern side yard setback minimum of 125 feet, a southern side yard setback of well over 1,000 feet, and an eastern rear yard setback of over 350 feet. The required yard setbacks of subsections A, B, and C will be met. Any greater setbacks required by applicable building or structural codes will be addressed during building permit review. B. Chapter 18.116, Supplementary Provisions Section 18.116.330, Mariivana Production, Processing, and Retailing. A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, MUA-10, and RI zones. 2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tul, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. FINDING: The applicant has proposed Marijuana Production in the EFU zone. This section applies. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of rive (5) acres. ' DCC 18.04.030: "Lot Line, Front" means the lot line separating a lot from a street other than an alley. In the case of a lot that does not front directly on any street, the front lot line shall be that lot line parallel to and facing the same direction as the front lot lines of the majority of other properties in the immediate area. 247 -17 -000604 -AD Page 5 of 17 FINDING: The subject property is a legal lot of record and is 20.00 acres in size. This standard is met. 2. Indoor Production and Processing. b. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. C. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The subject property is within the EFU zone. The applicant has proposed that all production and associated activities2 will occur within the existing structures and proposed structure, complying with these criteria. According to the supplemental materials submitted on December 13, 2017, two of the existing greenhouses are approximately 24 feet by 48 feet in size and the one remaining existing greenhouse is approximately 30 feet by 48 feet in size. According to the revised site plan, the existing shop is approximately 30 feet by 40 feet in size and the proposed secure storage building is approximately 8 feet by 40 feet in size. This is a combined floor area of approximately 5,264 square feet. Staff includes the following condition of approval to ensure compliance with the requirements of this section. No Outdoor Production: Marijuana production is prohibited in any outdoor area. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in /of 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. 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. 2 DCC 18.04.030: "Marijuana production" means the manufacture, planting, cultivation, growing, trimming, harvesting, or drying of marijuana, provided that the marijuana producer is licensed by the Oregon Liquor Control Commission, or registered with the Oregon Health Authority and a `person designated to produce marijuana by a registry identification cardholder. " 247 -17 -000604 -AD Page 6 of 17 FINDING: The applicant has proposed a maximum of 5,000 square feet of mature plant canopy area, as allowed under section (c) for properties equal to or greater than 20 acres in lot area. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 5,000 square feet at any time. 4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. FINDING: The subject property is not located in the MUA-10 Zone. This criterion does not apply. 5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lot. FINDING: The proposal includes only one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production site. This criterion will be met. 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. b. Setback from an off-site dwelling: 300 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. C. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. FINDING: The revised plot plan indicates the marijuana production structures are at least 125 feet from all property lines. The submitted materials indicate that the closest off-site dwelling is approximately 580 feet from the marijuana production area. Based on a review of the surrounding properties, staff agrees with the applicant. There is a dwelling located on the property to the east, but that distance also exceeds the requirement under subsection (b) above. No setback exception has been requested. These criteria will be met. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot 247 -17 -000604 -AD Page 7 of 17 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 18.116.330(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: The applicant states the subject property exceeds these separation distance requirements. There are eight (8) tax lots wholly or partially within 1,000 feet of the subject property. According to staff review of Deschutes County records, none of these properties appear to be in a use described in this section or are subject to subsection (c). These criteria will be 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: L 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 247 -17 -000604 -AD Page 8 of 17 iv. Include a legal description of the private road or easement. FINDING: As discussed above, the applicant proposes a maximum mature plant canopy size of 5,000 square feet, therefore, these criteria do not apply. 9. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside 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 states the proposed marijuana production facility will utilize an automated light deprivation system which will blackout all lighting between 7:00 PM and 7:00 AM. All light fixtures will be light -emitting diode (LED) lighting and not high-intensity discharge (HID) lighting. The applicant further states that lighting will be mounted above the plant canopy, pointing downwards, and will include shielding or housing to prevent light projection above the horizontal plane. Staff finds these criteria will be met and adds the following condition to ensure compliance with the requirements of this section. Lighting: The following lighting standards shall be met: (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; and (c) The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 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 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. 247 -17 -000604 -AD Page 9 of 17 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 site-specific report prepared by Oregon -licensed Mechanical Engineer Rob James, PE of ColeBreit Engineering. The greenhouses will utilize an overhead heater and hydronic floor heating. Exhaust airflow from the greenhouses will be treated with a ring -type fogger system. The enclosed shop and storage buildings will have carbon filtration systems installed and the mechanical engineer has included measurements that exceed the requirements in section (10)(d)(i) above. The shop will be used for drying and trimming marijuana and will be conditioned using a split system heat pump similar to that used for residential purposes. The secure storage building will not be equipped with heating or cooling mechanisms. Both the secure storage building and the shop have no airflow exhausted to the outside. Staff finds these criteria will be met when the applicant installs the odor control systems as specified in the mechanical engineer's report, and adds the following condition to ensure ongoing compliance with the requirements of this section. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 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 site-specific report prepared by Oregon -licensed Mechanical Engineer Rob James, PE of ColeBreit Engineering, stating that the mechanical equipment associated with the heating and cooling of the structures will meet the requirements of the above section. The mechanical engineer further states that the mechanical equipment will be used in such a way as to only operate occasionally between 10:00 PM and 7:00 AM so as not to create sustained noise. The mechanical engineer also states that distance to property lines from the mechanical equipment assists in mitigating noise from mechanical equipment. Staff finds these criteria will be met when the applicant installs and operates the mechanical equipment as specified in the mechanical engineer's report, and adds the following condition to ensure ongoing compliance with the noise requirements of this section. 247 -17 -000604 -AD Page 10 of 17 Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non- rigid structures and land areas used for marijuana production and processing: a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. C. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. FINDING: The subject property is not in the Landscape Management or the Wildlife Area Combining Zone. No new fencing or razor wire is proposed. The applicant has indicated some existing fencing is located on the property but it is associated with the residential use of the property and not with the marijuana production use. The property is not visible from NW Lower Bridge Way. There are numerous mature juniper trees that provide screening from adjacent properties, and the applicant has agreed to retain this vegetative screening. Staff finds these standards can be met and adds the following condition to ensure compliance with the requirements of this section. Vegetative 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. 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 247 -17 -000604 -AD Page 11 of 17 C. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. FINDING: The applicant has indicated they are applying for a groundwater right with the Oregon Water Resources Department (OWRD), however, no such water right has been permitted as of the date of this decision. The applicant has stated they will not draw groundwater until the proper permits have been issued by OWRD. While the OWRD application is being processed, the applicant proposes to have water delivered to the property by Bend Water Hauling LLC. The applicant submitted a letter from Bend Water Hauling dated December 5, 2017, stating they are willing and able to serve the nursery use on this property with up to 2,000 gallons of water per week, year round. In the recent Tewalt3 decision, the Board clarified expectations regarding the water source that water suppliers are using: The record contains materials demonstrating the property may be served by Bend Water Hauling, LLC. The Board found that the application thereby met subpart b above. However, the record also contains materials questioning if Bend Water Hauling, LLC has the appropriate water rights to serve the proposed marijuana production use. The Board interpreted that the intention of verifying the public or private water provider as required by subpart b above is in part to ensure that applicant has access to a legal source of water that complies with all applicable state statutes and regulations. The Board thereby voted in favor of adding the following condition of approval to ensure ongoing compliance with DCC 18.116.330(B)(13): • As an ongoing condition of approval, the use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. In light of this Board decision, staff accepts Bend Water Hauling as an acceptable water source, subject to the same condition of approval imposed in the Tewalt decision. In a February 5, 2018, email to the applicant from Bend Water Hauling, the manager identified Bend Water Hauling's water sources as the City of Redmond and Avion Water. In a February 7, 2018, email from Oregon Water Resources Department (OWRD) to staff, District 11 Watermaster Jeremy Giffin confirmed that Bend Water Hauling's sources were municipal or quasi -municipal and that these are allowable sources for water delivery services to source water from and is an allowable use. Additionally, on February 7, 2018, the applicant supplied an OWRD Marijuana Producer Exempt Water Form, which confirms the water delivery is from a legal source for the proposed use. The applicant is pursuing a groundwater right with the OWRD. Because the water right application has not been processed by OWRD as of the date of this decision, staff is unable to review the groundwater source in this application. The applicant stated they are willing to provide this information to the County when and if the water right is granted by OWRD. Water: The use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. 3 BOCC Document Ng 2017-718, Planning Division File Ns 247-17-000723-A 247 -17 -000604 -AD Page 12 of 17 14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district. FINDING: No processing is proposed. This section does not apply. 15. Utility Verification. A statement from each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. FINDING: The applicant indicates that the subject property is off -grid, meaning they generate their own power from a photovoltaic solar power system. The applicant further states that the property is not connected to or served by any public utility, including power, water, or sewer. Staff notes that roof -mounted solar panels were permitted by Building Division permits 247-15-006317- STR and 247-15-006261-ELEC. Staff finds that because there are no utility companies that are proposed to serve the operation, this criterion does not apply. 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 agrees to comply with this standard. Staff adds the following condition to ensure compliance with the requirements of this section. 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. 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). FINDING: The applicant states, "marijuana waste will [be] stored in a secure receptacle managed and under control by [the] licensee". In the supplemental materials, the applicant indicates waste will be stored inside the existing shed identified on the revised site plan. The revised site plan does not contain a structure identified as an existing shed, but as previously mentioned does include a proposed secure storage building and an existing shop. The applicant clarified for staff that the waste will be stored in the existing shop. The applicant further states the shop will be locked, secured, and under the possession and control of the applicant at all times. The applicant resides on the property and will be the OLCC licensee. Staff finds this criterion can be met and adds the following condition to ensure ongoing compliance with the requirements of this section. Waste: The marijuana waste receptacle shall be stored within the shop building, and shall be in the possession of and under the control of the OLCC licensee. 18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property: 247 -17 -000604 -AD Page 13 of 17 a. An owner of the subject property; b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or C. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. FINDING: The subject property is not in the MUA-10 zone. This section does not apply. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(8)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(6)(10-12, 16, 17) by December 8, 2016. FINDING: The applicant has not indicated that the site is currently used as a medical grow site. This section does not apply. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited. i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(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. 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: None of the prohibited uses have been proposed by the applicant. Staff adds the following condition to ensure ongoing compliance with the requirements of this section. 247 -17 -000604 -AD Page 14 of 17 Prohibited Uses: The uses listed in DCC 18.116.330(B)(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. 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 obligation of this section is required. The applicant has agreed to file the annual report each year in a timely manner. Staff adds the following condition to ensure compliance with the requirements of this section. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. IV. CONCLUSION Based on the foregoing Findings, staff finds that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. V. DECISION APPROVAL, subject to the following conditions of approval. 247 -17 -000604 -AD Page 15 of 17 VI. TRANSPORTATION SYSTEM DEVELOPMENT CHARGES: Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The application states 5,000 square feet of mature canopy is the goal, but the County bases its SDC on square footage of the greenhouse, not the plant. At a minimum, the SDC would be $6,299 (0.32 X 5) X $3,937. The actual SDC will be higher as the total size of the greenhouses most likely will be greater than 5,000 square feet. 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. VII. ONGOING CONDITIONS OF APPROVAL Use & Location: Marijuana production is conditionally approved inside the two approved structures. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. 2. Building Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. 3. No Outdoor Production: Marijuana production is prohibited in any outdoor area. 4. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 5,000 square feet at any time. 5. Lighting: The following lighting standards shall be met. a. 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. 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. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 6. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 7. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 8. Vegetative 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 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. 9. Water: The use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. 247 -17 -000604 -AD Page 16 of 17 10. 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. 11. Waste: The marijuana waste receptacle shall be stored within the shop building, and shall be in the possession of and under the control of the OLCC licensee. 12. Prohibited Uses: The uses listed in DCC 18.116.330(8)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. 13. Annual Reporting: 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: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. C. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. VIII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and obtain building permits for the proposed use within two (2) years of the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the 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. DESCHUTES COUNTY PLANNING DIVISION /ritten: Jacob Ripper, Associate Planner Reviewed by: Peter Gutowsky, Planning Manager 247 -17 -000604 -AD Page 17 of 17 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 February 21, 2018 DATE: February 9, 2018 FROM: James Lewis, Property Management, 541-385-1414 TITLE OF AGENDA ITEM: Discussion - City of La Pine Industrial Land Donation Request RECOMMENDATION & ACTION REQUESTED: If the Board of Commissioners decides to proceed with the donation, staff recommends including a restrictive covenant on the deed that prohibits the use of the property for any purpose in violation of Federal Law. ATTENDANCE: James Lewis, Property Manager SUMMARY: This is a follow up to a discussion at your work session on January 31St regarding a request from the City of La Pine for a donation of a 0.58 acre Industrial zoned lot in the Newberry Business Park. The City is intending to work with a private builder for construction, as well as sale of the property to that builder. The City intends to lease the building back from the owner in order to provide a sublease at a reduced lease rate (sub- market rate) to a new business in order to stimulate the local economy. The intent is to incentivize a new business to locate in La Pine by providing a short term reduced lease rate to allow such business to invest capital into the growth of the new/start-up business (i.e. equipment, marketing, etc.) rather than rental space. The La Pine/SLED staff noted that the desire is to diversify the businesses in the Business Park - recently, the majority of businesses opening in the Business Park have been cannabis/marijuana related. The Commission asked if there was a way in which the desired diversity could be ensured, and that the building was used for businesses other than cannabis/marijuana. If the Board decides to donate the property, the Staff recommendation is to include a restriction on the deed stating that the property cannot be used for any business that is in violation of Federal law, with a reversion to the County for violation of such. Property Management James Lewis, Property Manager Location: 14 NW Kearney Street, Bend Mailing: PO Box 6005, Bend, Oregon 97708 (541) 330-4686 Fax: (541) 317-3168 Auction Details: (541-385-1414 www.deschutes.org/auctikil To: Deschutes County Board of Commissioners From: James Lewis, Property Manager Date: February 8, 2018 (for February 141h work session) RE: Land donation request from City of La Pine — Industrial Lot / Newberry Business Park — follow up Hello Commissioners: This memorandum is a follow up to a discussion at your work session on January 31St regarding a request from the City of La Pine for a donation of a 0.58 acre Industrial zoned lot in the Newberry Business Park .(Lot 111 Newberry Business Park, Tax Map/Lot 221014AB00111). As the City/SLED staff noted at that meeting, the lot will be utilized for construction of an approximate 5,000 to 7,000 square foot industrial lease space building. The City is intending to work with a private builder for construction, as well as sale of the property/building to that builder. The City intends to lease the building back from the owner in order to provide a sublease at a reduced lease rate (sub -market rate) to a new business in order to stimulate the local economy. The intent is to incentivize a new business to locate in La Pine by providing a short term reduced lease rate to allow such business to invest capital into the growth of the new/start-up business (i.e. equipment, marketing, etc.) rather than rental space. As a reminder, pursuant to the IGA with the City of La Pine (fall of 2014), the City is responsible for all sale/lease negotiations for the County owned industrial properties in La Pine. However, as the owner, the County must still sign all sale lease documents based on the City's negotiated terms. Post sale/lease, all revenue is split equally (50% - 50%) between the County and City. In this instance, the City is requesting the donation of the property to the City in entirety. This means that the County would be relinquishing the 50% revenue from the property sale. The City has stated that the sale price of the subject property would be $50,530 ($2.00 per square foot). Pursuant to the 2014 IGA, the City negotiated price is the value used for the assumed direct financial impact to the County through a full donation of the property. In turn, the City would receive the full revenue from the sale ($50,530), and has stated that the revenue (especially the additional 50% revenue gained via the County donation of the property - $25,265), will enable the City to pay the market lease rate to the builder while receiving less than market rate rent from the new business. Essentially, the County contribution will afford the City enough funds to subsidize the new business during a defined period of business start-up (5 years). The La Pine/SLED staff noted that the desire is to diversify the businesses in the Business Park — recently, the majority of businesses opening in the Business Park have been cannabis/marijuana related. In response, the Commission asked if there was a way in which the desired diversity could be ensured, and that the building was used for businesses other than cannabis/marijuana. In response, if the Board decides to donate the property, the recommendation is to include a restriction on the deed stating that the property cannot be used for any business that is in violation of Federal law, with a reversion to the County for violation of such. Such a restriction would be readily evident to future owners of the property and the public. The La Pine/SLED staff stated that they were OK with such a restriction based on their intent to diversify the economic base in the Business Park. I have discussed with County legal counsel and determined that such a restriction is appropriate. A draft deed with the restrictive language is included with this memorandum. The donation of the property to the City of La Pine is authorized pursuant to ORS 271.330. Deschutes County encourages persons with disabilities to participate in all programs and activities. If you need accommodations to make participation in on event possible or to request this information in an alternate format, please contact (541-330-4686. Mik REVIEWED LEGAL COUNSEL DRAF For Recording Stamp Only After Recording, Return To: City of La Pine Cory Misley, City Manager P.O. Box 2460 La Pine, OR 977396 After recording, forward all tax statements to: Same as above BARGAIN AND SALE DEED DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, conveys to the CITY OF LA PINE, a municipal corporation, Grantee, the real property described as: Lot 1, Block 0, NEWBERRY BUSINESS PARK, Deschutes County, Oregon SUBJECT TO: all encumbrances of record and those common and apparent on the land; and, for a period of twenty (20) years the property shall not be used for any purpose in violation of Federal Law or the property shall revert to ownership by Deschutes County. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is zero (0) dollars pursuant to Oregon Revised Statutes 271.330 (1), subject to the following condition: the subject property shall be used for a public purpose for not less than 20 years, or the Grantor, its successors or assigns may enter and terminate this estate and title shall thereupon revert to Grantor, its successor or assigns.. SIGNATURES ON FOLLOWING PAGE DOCUMENT NO. 2018- TAx LOT 221014AB00111 (NEWBERRY BUSINESS PARK) DATED this day of BOARD OF COUNTY COMMISSIONERS 2018. OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ATTEST: PHILIP G. HENDERSON, Vice -Chair Recording Secretary STATE OF OREGON ) ss. County of Deschutes ) TAMMY BANEY, Commissioner Before me, a Notary Public, personally appeared ANTHONY DEBONE, PHILIP G. HENDERSON, and TAMMY BANEY, the above-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of , 2018 My Commission Expires: Notary Public for Oregon DOCUMENT NO. 2018- TAx LOT 221014ABOOl 11 (NEWBERRY BUSINESS PARK) 2 ACCEPTANCE City of La Pine, acting by and through its City Manager, Cory Misley, does hereby accept the foregoing Bargain and Sale Deed pursuant to ORS 93.808. DATED this day of STATE OF OREGON 1-4 County of Deschutes 2018 CITY OF LA PINE M Cory Misley, City Manager The foregoing instrument was acknowledged before me on 2018, by Cory Misley, City Manager for the City of La Pine. Notary Public for Oregon My Commission Expires_ DOCUMENT NO. 2018- TAx LOT 221014ABOOl 11 (NEWBERRY BUSINESS PARK) 3 1`0-T ES C� ° { Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For BoardMee ing of 2/21/2018 Milt. DATE: 2/16/2018 FROM: Kathleen Meehan Coop District Attorney's Office 541-317-3175 TITLE OF AGENDA ITEM: Consideration of Board Signature of grant application to the Central Oregon Health Quality Alliance to help support the Goldilocks initiative. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Grant application to continue the pilot study of the Goldilocks Clean Slate program for an additional 12 months. The goal of the program is to reduce recidivism rates for individuals suspected of PCS crimes by keeping them out of the criminal justice system and getting them medical treatment more quickly. See full proposal for additional details. FISCAL IMPLICATIONS: The grant request is for $39,941.60. This will cover direct program expenses (room rental and bus passes) and staffing - five additional hours per week for Kathleen Meehan Coop, the hiring of a temporary part-time Program Development assistant (8hrs per week) and a temporary, part-time BHS 1. RECOMMENDATION & ACTION REQUESTED: We are requesting approval to submit this grant proposal to the Central Oregon Health Quality Alliance. ATTENDANCE: Kathleen Meehan Coop will be attending the Board meeting. DISTRIBUTION OF DOCUMENTS: Please send the document back to Kathleen Meehan Coop. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director, if the document is to be on a Board agenda, the Agenda Request perm is also required. If this form is not included with the document, the document VAI be returned to the Department, Please submit documents to the Board Secretary for tracking purposes, and not directly to legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: P/6l201 Department: DA ..... .... __. _.....-111,_,___. w. Contractor/Supplier/Consultant Name: Central Oreq n Health Quality Alliance Contractor Contact: AshlContractor Phone #: 5415852590 Type of Document: Grant Goods and/or Services: This is a grant application to support the continued pilot study of the Goldilocks Clean Slate program. The funding will support some staff time and direct program expenses. Background & History: The Goldilocks Clean Slate program was intiaitly funded through the MacArthur Foundation Safety & Justice Challenge Innovation Fund. That support allowed us to devleop the partnership to create the program and run the pilot study for 6 months. We are requesting support from the COHQA to allow us to run the pilot for an additional 12 months. The grant application attached. Agreement Starting Date: 06/02/2018 Annual Value or Total Payment: 39,941.G0 ❑ Insurance Certificate Received (check box) Insurance Expiration Date: I...,, . 11.11 Ending Date: (05/31/2019$ Check all that apply: ® RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ® No If No, has budget amendment been submitted? ❑ Yes No Is this a Grant Agreement providing revenue to the County? ❑ Yes 0 No Special conditions attached to this grant: 2/16/2018 Deadlines for reporting to the grantor: Applications due Feb 23, 2018 If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: ® Yes ❑ No Contact information for the person responsible for grant compliance: Name: Kathleen Meehan Coop, Management Analyst Phone #.T54-13371 Departmental Contact and Title: John Hummel, District Attorney Phone #: 541-388-6520 , Department Director Approval. r Signature ate z Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review Document Number Date 2/16/2018 COHQA Grant Proposal Organizational :. ack ;.1°OLl.11c Mission Statement & Org l.,ocation The Deschutes County District Attorney's office serves and enhances the lives of 180,000 Deschutes County citizens through its commitment to keeping our community safe by working to reduce crime, and protect/support innocent victims. The Office's services are achieved through 1) evidence based crime prevention programs; 2) representing the State in juvenile matters and mental health proceedings;; 3) assisting with criminal and civil proceedings; and 4) managing multi -disciplinary teams handling abuse and assault issues. Team member, partners, project participants and roles The Goldilocks Clean Slate team at the DA's office includes, District Attorney John Hummel, Chief Deputy District Attorney Stephen Gunnels, Deputy District Attorney Errol LaRue, Management Analyst Kathleen Meehan Coop, and a Clean Slate substance use disorder (SUD) Counselor, and program development assistant. Hummel oversees the entire Goldilocks program and its impact to the Office's mission and goals. He presents the program to each week's participants at the Clean Slate Orientation (CSO) meetings. Hummel took office in January of 2015 following 20 years of legal, policy and conflict resolution professional experience. He has served as the State and Federal Policy Director for the Oregon Primary Care Association, a non-profit that provides care to low income Oregonians, as well as the Director of the Oregon Consensus Program at Portland State University. In addition, Hummel was the Liberia Representative for the Carter Center, and has experience as a criminal law defense attorney, professor, and Bend City Councilor. Meehan Coop serves as the project manager overseeing the day-to-day operations of the program, coordinates partner and staff activities, tracks and analyzes the program's impact and completes all required reporting. Prior to joining the DA's Office, Meehan Coop was the Vice President at Challenger Center an international non-profit STEM education organization. Meehan Coop has a MBA and MEd, and extensive experience managing grant - funded collaborative programs. Gunnel reviews all Clean Slate cases referred by law enforcement to determine eligibility. La Rue manages all the Clean Slate cases and serves as the back-up presenter at the orientation meetings if Hummel is unavailable. The Clean Slate SUD counselor meets with each eligible individual and administers the needs/ risk assessment for the participants and makes a determination if the participant should be Clean Slate Level I or Level IL In addition, the counselor provides our medical partners with a write-up on each participant. This position is currently open and will be filled by the end of February. The part-time Clean Slate program development assistant will assist with program coordination, data entry, and scheduling of the medical appointments during the CSO. This is a new position for the program which was deemed necessary during the initial phase of the pilot study. The key partners under the Goldilocks Clean Slate team include: Law Enforcement — Deschutes County Sheriff's Office, and the Bend, Redmond, Sunriver and Black Butte Police Departments. Law enforcement officers are instrumental to the program as they identify individuals suspected of a PCS (possession of a controlled substance) crime, inform them of the program, and when appropriate, cite and release the individual rather than arresting and booking into jail for the offense. 2. Medical Providers — Mosaic Medical and La Pine Community Health Center, federally qualified health centers, offer comprehensive medical care to the Clean Slate participants. The primary care providers (PCPs) treat the individuals the same as they would any other patient. The only difference is that the PCP conducts a substantial compliance assessment at the beginning and end of 12 months of care for each participant to determine if s/he has made improvements in his/her overall health and wellbeing. 3. Drug Treatment Providers — BestCare, Pfiefer and Associates and Bend Treatment Center provide specialized SUD treatments. These facilities provide drug treatment services to Clean Slate participants, referred directly form the CSO and/or the PCPs. They keep the PCP informed of the Clean Slate participant's treatment. 4. Public Defenders — Defense counsel meets with each potential participant at the CSO to discuss their individual case, and reviews the program's participation & release of information form. They will also recommend appropriate participants, who they represent in court that they should participate in Clean Slate. If the person enters Clean Slate during his/her arrangement and they meet all program requirements, defense counsel files for an expungement. Behavioral Health Services — the Deschutes County Behavioral Health Services (BHS) works closely with the PCPs to offer additional services associated with behavioral health issues for the Clean Slate participants. They keep the PCP informed of the participant's treatment. BHS will also encourage any current patients cited for PCS charges to participate in Clean Slate. Key project sponsor The Clean Slate pilot program has been supported through the MacArthur Foundation Safety & Justice Challenge Innovation Fund. The grant allowed the DA's Office to formalize a community-based partnership around the idea of piloting a medical model pre -charge diversion program for PCS offenders. The support also enable us to implement the six month pilot study by funding additional hours the program manager, the costs with hiring a part-time SUD counselor, the creation and printing of the program materials, renting space for the CSO, and bus passes. Project Description /Overview In 2016 the White House reported that nearly 11 million people move through jail each year; many for low-level, non-violent misdemeanors. This issue is not only costing local governments $22 billion annually, the incarceration of these highly vulnerable individuals is resulting in a revolving door through our jails, ERs, shelters and other public systems. It has created fragmented and uncoordinated care at a great cost to taxpayers, and has resulted in poor outcomes. A data driven community approach is needed to address these problems, and diversion programs with coordinated community-based services are showing promising results'.The DA's Goldilocks program, a three -tiered initiative that identifies the best intervention for each individual based on his/her crime and substance use disorder looks to address this issue directly through a collaborative community approach. Clean Slate, the first tier of the Goldilocks program, focuses on providing medical treatment rather than jail for individuals suspected of PCS. The second tier, Boost, provides more punitive actions and treatment oversight for individuals that have committed more serious drug-related crimes. The third tier, Deter, seeks enhanced incarceration for certain people suspected dealing and manufacturing drugs. We are requesting support specifically for the Clean Slate tier to allow us to continue our pilot study and run the program for a full 18 months. This additional funding will enable the Goldilocks team to fully test our FACT SHEET: Launching the Data -Driven Justice Initiative: Disrupting the Cycle of Incarceration https://www.whitehouse.gov.the- press-office/216/06/30/fact-sheet-launching-data-driven-justice-initaitive-disrupting -cycle hypothesizes that Clean Slate will: 1) improve the lives and long-term outcomes for a vulnerable population, 2) increase the number of individuals that are able to gain access to healthcare, and 3) lower our county's drug crime recidivism rate. The additional 12 months of program implementation will ensure we have enough individuals enrolled and through the program to develop a strong assessment of the program. It will also provide the time needed to identify the best methods to increase potential participant participation. Clean Slate begins when an officer suspects someone of a PCS crime. The officer informs the individual of the Clean Slate program — provides a brief program description, hands -out a Clean Slate card and offers a bus pass so they may attend the CSO. The DA's Office then attempts to reach all eligible participants to remind them to attend the CSO, on the Friday immediately following the date of their citation. At the CSO, individuals receive a program overview from Hummel, meet privately with a defense attorney, and a SUD counselor. The participants completes a risk/needs assessment that includes the Texas Christian University Drug Screen (TCU), Connor - Davidson Resiliency Test, and Adverse Childhood Experiences Survey (ACES), which are reviewed and scored by the counselor to determine if the participant is Clean Slate Level I or Level II. Individuals that are deemed Level I, based on their risk/needs assessment score are offered, but not required to attend a medical appointment. These individuals are free to go and their criminal case is never charged. If the participant is cited for another PCS crime within 12 months then s/he may participate in the Clean Slate program again, but is automatically considered Level II. Level II participants, individuals with a high risk/needs assessment score, are required to meet with a PCP and must substantially comply with the doctor's advice regarding medical care and drug treatment. The required medical and/or drug treatment appointments are made during the CSO. At the end of 12 months, if the participant has substantially complied with medical advice and has not reoffended their case will never be charged for that crime. We define substantial compliance as individuals over a 12 month period that have made a real effort to follow the medical recommendation of their PCP and have made progress on a life skills assessment toward a clean and sober life. This plan takes into account that participants may have relapses along the way. Individuals that don't substantially comply with their prescribe medical/drug treatment recommendation and/or are rearrested are no longer eligible for Clean Slate, and their cases is moved into the second tier of Clean Slate. What the project is trying to accornplislr Clean Slate is a community-based initiative focused on breaking the cycle of incarceration through a) pre -charge diversion b) risk and needs assessments, c) medical care, drug treatment, and social service programs, and d) varying levels of oversight to reduce the likelihood that PCS suspects will recidivate. The goal is to move people with SUDS out of the criminal justice system and into a medical system that has the potential to help them make a positive life changes. Target audience & benefits to patients In 2017, DeschutesSafe, a community advisory board determined that drugs were one of our county's top crime problems. Through a community survey, DeshutesSafe also learned that county residents feel that drug use and crimes were impacting their safety and the community's well-being. This evidence served as a key factor in implementing the Goldilocks program, and identifying ways to help community members with substance use disorders receive needed medical care and social services. Clean Slate is currently only for adults (18+) who have been cited for PCS. These individuals are often members of vulnerable populations due to trauma, mental health, and/or socioeconomic conditions. 3 Between 2012 and 2015, approximately 750 people were arrested annually on drug possession related charges in Deschutes County. Of those individuals, over 400 were PCS only cases. The goal of Clean Slate is to help these 400 individuals receive the medical care and/or drug treatment quickly in order to get them healthy and to stay out of the criminal justice system. Another key factor is that helping community members avoid arrest prevents them from experiencing the unintended long-term consequences of a criminal record, which makes it harder to find employment and housing. This effort also helps individuals that may not be connected with a medical care to develop a healthy relationship with a PCP. What are the; emerging best practices and evidence -based guidelines The Goldilocks initiative and Clean Slate program were developed on evidence -based practices for reducing for addressing addictions and reducing recidivism. A sampling of research that helped influence the design and scope of Clean Slate included the effective use of needs and risk assessmentsZ, the negative impact of overprescribing treatments3,4, the psychology of punishment and national incarceration data ,', and the effectiveness of incorporating medication assisted treatment (MAT) into drug -court diversion programs'. What are the known existing initiatives or collaborations to which this project is similar There are a number of pre -charge diversion programs being implemented around the country that involve various combination of criminal justice, law enforcement, behavioral health and/or drug treatment partners, but Clean Slate is unique in that it involves all of those agencies, plus public defenders and medical primary care providers. Goldilocks is also unique compared to other diversion programs in that it is tiered. It provides specific interventions based on the crime and type of substance use disorder, allowing our community to easily move individuals through the different tiers of the program when appropriate. Unique traits and capabilities of the org that will be employed icer success related to this project The DA's Office is the ideal organization to implement this type of initiative as the vision of our Office is to work to reduce crime, protect innocent victims, and enhance the lives of district residents. Our role as the lead organization enables us to carefully monitor participant's success in the program, and adjust the level of intervention, if necessary to continue to protect public safety, while also ensuring that successful Clean Slate participants are able to erase this mistake from their record. In addition, the DA's office has strong working relationships with law enforcement and the medical community; believes in using evidence based research and best practices to guide decisions; and is committed to seeing this program through by devoting staff time and resources. Ways the; corn.munity will share in the learning of your project Regular meetings allow the team to share current results and provides an open forum to discuss challenges and share success stories across organizations. To date these conversations have informed law enforcement of positive feedback on their interactions with the participants, and have illuminated a challenge on tracking and monitoring 2 James, Nathan. October 13, 2015. Risk and Needs Assessment in the Criminal Justice System. Congressional Research Service. 7-5700 CRS Report. 3 National Association of Drug Court Professionals. October 2015. Doing Justice: The Executive Summit on Criminal Justice Reform. Prepared for the Office of National Drug Control Policy, Executive Office of the President. 4 Central Oregon Health Council. 2016. RHIP Substance Use & Chronic Pain Workgroup. Primary Care Substance Abuse Referral Diagram. S James, Nathan. October 13, 2015. Risk and Needs Assessment in the Criminal Justice System. Congressional Research Service. 7-5700 CRS Report. 6 Latessa, Edward J. and Christopher Lowenkamp. 2006. What Works in Reducing Recidivism? A Report to the United States Congress. Prepared for the National Institute of Justice. ' Nordstrom, Benjamin R. and Douglas B. Marlowe. August 2016. Drug Court Practitioner Fact Sheet: Medication —Assisted Treatment for Opioid Use Disorders in Drug Courts.. National Drug Court Institute. Vol. XI, No 2. 4 patients referred between primary care and behavioral health. Meehan Coop also frequently connects with the different partnering agencies via email and phone to check-in, share agency specific data, and answer questions. The DA's Office also plans to share a final report with the public detailing the results of the program's impact. Anticipated barriers to success, and how do we hope to nnitigate thein? There are two current challenges that the initiative is facing include. Improving the number of participants that attend the CSO. a. It is difficult to connect with many of the potential participants as they often do not have a permanent home or a reliable phone number to remind them to come to the meeting. We recently learned that phones that can't receive messages can sometimes receive texts, so we have just started trying to text individuals that we can't reach via voice. b. We are asking BHS to reach out to any potential participants that are also current patients of theirs to encourage them to attend the CSO. c. In addition, we have begun allowing individuals to enter Clean Slate through a referral from their lawyer at arraignment, rather than just requiring all participants to enter prior to their first court date. 2. Reducing the time it takes to enroll participants into OHP. a. Our medical partners do not have the capacity to get a Clean Slate participant an enrollment appointment immediately, so it delays participants' access to see their medical provider by more than two weeks and delays their official acceptance into the Clean Slate program too. We are working on establishing the DA's Office as an OHP enroller facility, but it is challenging since we are not a medical facility. We will also address future challenges by taking advantage of peer advice and technical assistance offered through the continued community support program provided by the MacArthur Foundation Safety & Justice Challenge network. Measurements What are the measurements that will indication that: the project objectives have been met? During the development of our pilot plan, we establish a logic model, performance measures and key evaluation questions that track critical data points. These points include, but are not limited to: how many individuals have been cited for PC, demographic data on the participants, drugs of choice vs arresting drug, impact of the program on the workload of each partner, and the success rates of Level I vs Level II. Ultimately we are striving for 75% of individuals arrested for PCS crimes to participate in Clean Slate. We want to reduce Deschutes County's one-year recidivism rate of 47.3%8 by: 30% for Clean Slate Level I participants, and 25% for Clean Slate Level II participants. We also want to improve the number of participants that have access to medical care by 30%. Long-term we want to see at least 3% of participants be considered clean and sober for more than two years. 8 Oregon Criminal Justice Commission http://www.oregon.gov/cjc/data/pages/main.aspx 5 Are; the zncasures relatable to any best -practice or evidence -based care �iridelines Since the medical model approach to managing PCS cases is new there aren't any examples that directly measure our model against. We worked closely with the Urban Institute to develop our performance matrix, leveraging their expertise in creating assessments related to crime and health issues. Data collection Data will be obtained and tracked from and through participant intake forms, the DA's case management system, police reports, substantial compliance letters from the PCP, and aggregated data on the Clean Slate participants that can be shared by the medical, behavioral health and drug treatment providers. Meehan Coop will take the lead in collecting and coordinating the data from each of the partnering agencies and the program participants. This includes collecting data daily on new eligible individuals, weekly on new active participants, and monthly on any inactive and successful participants. Each agency has provided a point of contact to assist with this process. Data analysis will be conducted monthly for partner meetings and a more comprehensive analysis will be completed each quarter. One-year, key steps, phases and objectives The Macarthur grant ends June 1, 208. We would like to officially begin the second phase of our pilot immediately following on June 2, 2018 and run until May 31, 2019. We would ensure that our program development assistant was hired and ready to start at the beginning of June. We will host the CSO each week for the full year, hold partner meetings every four to six weeks, and conduct program assessment at the end of each quarter. udcr t The direct cost to run the program is minimal related to the potential impact and the overall savings of keeping individuals out of the criminal justice system and the ER. Our biggest direct project expense is staffing, but even with this cost the overall impact is only equivalent to a 1.5 FTE. The majority of that expense is being covered as part of DA Office's staff regular responsibilities. The medical care and drug treatment expenses related to program participants are being covered by participants' personal insurance plans or through enrollment in OHP. The other expenses are rental space to move the program away from the criminal justice environment, and multi- zone full day passes to get participants to the CSO and their medical appointments if needed. The goal of applying for this grant is to provide our collaborative team with the opportunity to prove our program objectives over a full 18 month trial. Assuming the second phase of our pilot is successful we plan to work with County officials, Behavioral Health Services and the Sheriff's Department about co -locating Clean Slate with the County's future crisis stabilization center to maximize internal resources for space and counselor services. We will also plan to apply for federal funding to support an expanded version of Clean Slate and to hire an external evaluator to conduct a research study on the program. We would like to create a body of evidence on the true impact Clean Slate is having on Deschutes County from improved medical access, enhanced community health, reduced need for long-term social services, reduction of cases in the criminal justice, and overall cost savings to the County. Central Oregon Health Quality Alliance 2018 Grant Application Itemized Budget Form Applicant/Group Name: Deschutes County District Attorney's Office Project Title: Goldilocks - Clean Slate Project Cost: $ 127,276.62 Date Submitted: 1. Personnel Costs: Position Salary Other Benefits Salary + Benefits of Time on Project Program Manager, Kathleen Meehan Coop, part-time 15 hrs/week 32245 10641 42886 90% Program Development Assistant, part- time - 8 hrs/week 8316 657 8973 100% Substance Use Disorder Counselor, part-time - 5 hrs/week 6180 488 6668 100% District Attorney, John Hummel 149836 46449 196285 10% Chief DDA, Stephen Gunnels 1398181 43343 183161 5% DDA, Errol LaRue 976771 30280 127957 20% Personnel Subtotal: 2. Supplemental Supply Costs: Supplemental Supply Items Bus passes $30 per 6 pack of passes (mutlizone single day passes) * 50 booklets (300 passes). A 5% public agency discount 3. Other Expense Costs Other Expense Items Space Rental - Central Oreizon Collective. A 50% rental discount Supplemental Supply Subtotal: Supplemental Supply Subtotal: Total Project Costs: 12 months 42886 38597.5044 10748.4 3546.972 Personnel Costs Requested of COHQA District Attorney's Office Budget 38598 14295 24302 8973 8973 0 6668 6668 0 19629 1425 19629 9158 9158 25591 25591 108617 29937 78680 Supplemental Supply Costs Requested of COHQA Secured From Other Sources 1500 1425 75 0 0 1500 1425 75 Other Expense Requested of Secured From Costs COHQA Other Sources 17160 8580 8580 0 0 171601 8580 8580 $ 127,276.62 1 $ 39,941.60 1 $ 87,335.02 COHQA Grant Program — Cover Sheet Project Lead John Hummel, District Attoreny Group/Organization Name Deschutes County District Attoreny's Office Address 1164 NW Bond St. Bend, OR 97703 Phone 541-317-3175 Email of Project Lead john.hummel@dcda.us Name and Email of Additional Project Contact (If applicable) Group/Organization Tax IM Payment Address (If different) kathleen.meehancoop@dcda.us 93-6002292 Project Title: Goldilocks' Clean Slate Funding Amount Requested: $39,941.60 Brief Project Summary: pre -charge diversion program for PCS offenders that provides quick access to medi 2/1/2018 Deschutes County Human Resources - Class Specification Bulletin Program Development Assistant Bargaining Unit: The American Federation of State, County and Municipal Employees Local 3997 DESCHUTES COUNTY HUMAN RESOURCES Established Date: May 1, 2011 Revision Date: Jul 6, 2011 SALARY RANGE $18.36 - $25.16 Hourly $3,169.75 - $4,343.45 Monthly $38,036.95 - $52,121.37 Annually Class Code: 1265 SUMMARY: FLSA: Non-exempt Grade: 14A Provides para -professional support to the department in the areas of office administration, social and demographic data collection and analysis, monitoring of budget and contracts, and assistance to small communities with projects, information, and resources. NATURE AND SCOPE: The specific job design is senior -level para -professional with entry-level professional components requiring a technical command of office administration and social work. Under the general supervision of the Director, the position carries out a variety of administrative functions including, but not limited to statistical data gathering, advanced secretarial support, contract administration, budget administration and some small group process facilitation of social service projects. Work includes using independent judgment and skill in developing and sequencing multiple tasks. Work assignments require frequent contact with community groups and individuals inside and outside of the County; occasional requirement to prepare and deliver reports to small, informal groups. Work is performed in an office setting where there are minimal health and safety issues. DISTINGUISHING CHARACTERISTICS AND ESSENTIAL FUNCTIONS: ESSENTIAL FUNCTIONS Prepares statements of work and contracts for service providers. Meets providers to discuss and assist with preparing of statements that include measurable service outcomes. Monitors independent contractor (service provider) performance according to the dimensions set forth in the statement of work. Receives operating information and prepares periodic reports summarizing grantee performance. Participates in the development of bi-annual budgets for services. Prepares the budget proposal from instructions, notes, and required formats. Works with the department head and coordinates activities and communications with elected officials and committees. Seeks approval from the department head and submits recommendation to state offices according to required formats. Compiles data on population demographics, social indicators, and service delivery outcomes. Prepares summaries of data, looking for correlations between demographics, statistics, and services. Informs community groups, special interest organizations, service clubs, educators, etc., of departmental activities community-based projects, and community issues. Serves as liaison to a small community in the county. Assists community leaders, groups, and individuals with projects relating to children and families. Provides office support of similar scope to that of an administrative secretary and oversees lower level clerical employees and independent contractors. Leadership skills are applied to oversee work such as https:llagency.govemmengobs.comtdeschutesldefault.ofm'faction=spechulletin&ClassSpoclD= 812397&headerfooter0 112 2/1/2018 Deschutes County Human Resources - Class Specification Bulletin filing, copying, reception and data entry. Provides advanced secretarial support to the Director and the advisory board. Performs other related duties as necessary to carry out the objectives of the position. Q uilt IFICATIONS* Knowledge and Skills. Requires in-depth knowledge of office administration and basic knowledge of social services and child behavior. Requires sufficient knowledge of statistical methods to develop databases, gather data from the proper sources, perform basic statistical tests, and understand the interrelationships of data and measurement of outcomes. Sufficient human relation's skills for communicating technical concepts to others, basic process facilitating. Well developed writing skills to prepare research reports, presentations. Experience and Training. Incumbents typically have an Associate's degree in a business discipline and have 2-5 years of experience in a youth and family oriented service such as child welfare, juvenile justice, childhood development, and family support. Additional education in a social services field may be substituted for experience. Abilities. Requires the ability to perform the various aspects of the job, including the ability to communicate effectively to individuals and groups, to write clearly, to facilitate administrative work processes and give assignments, and instruct others. Sufficient hand -arm coordination to operate a personal computer keyboard, ability to use presentation devices such as overhead projectors, chalk boards, charts, etc. https:llagency.governmentjobs.com/deschutes/default.cfm?action=specbulletin&CIassSpeclD=812397&headerfooter=0 2/2