Loading...
2018-155-Minutes for Meeting February 14,2018 Recorded 4/30/2018I Recorded in Deschutes County CJ2018-155 Nancy Blankenship, County Clerk Commissioners' ,journal 04/30/2018 4:13:59 PM :�:�<'?:%`fi' `.•. I II I II'II II I � III I II I I III ISI 2018-155 For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS Barnes and Sawyer Conference Room Wednesday, February 14, 2018 Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present were Erik Kropp, Deputy County Administrator, David Doyle, County Counsel; Christopher Ogren, Administrative Intern; and Laura Skundrick, Board Assistant Secretary, Tom Anderson, County Administrator absent, excused. Several citizens and one representative of the media were in attendance. CALL TO ORDER: Chair DeBone opened the meeting at 1:34 p.m. FROM BUSINESS MEETING: Consideration of Board Signature of Document No. 2018-083, Decision Related to Marijuana Production Facility, Christopher Baker: Cynthia Smidt, Community Development Department, presented the revised document as requested by the Board during the morning business meeting. Minutes of Board of Commissioners' Work Session February 14, 2018 Page 1 of 9 BAN EY: Move approval of decision related to marijuana production facility, 2018- 083. HENDERSON: Second. VOTE: BANEY: Yes. HENDERSON: Yes. DEBONE: Chair votes yes. Motion Carried ACTION ITEMS 1. Oregon Health Authority Regulation of Medical Marijuana Program — Matthew Martin, Long Range Planner Matt Martin, CDD Long Range Planner, introduced Chris Westfall, OHA Compliance Unit Manager of the Oregon Medical Marijuana Program. Mr. Westfall provided background and history of the medical marijuana program and how it functions under the Authority, explaining that medical marijuana was legalized in the 1990s, and OHA began registering patients in 1998, then expanding to include caregivers and growers. In April 2014, OHA began establishing medical dispensaries in the program, and by 2015 and the passage of Measure 91 legalizing recreational marijuana, OHA was delegated the beginning stages of recreational marijuana use while OLCC worked to set up their permanent program. Starting in October 2015, OHA established recreational sales from the existing medical dispensaries, and by the end of 2016, the recreational program had shifted exclusively to the OLCC and OHA no longer needed to be involved. OHA continues to maintain medical grow sites, processing sites and dispensaries. Commissioner Baney requested details regarding how HIPAA protected information pertains to grow sites within Deschutes County and the enforcement of laws and code compliance. She noted that while there is a reduction in growers and grow sites statewide, there are still 20,000 grow sites listed within the state, of which 984 remain in Deschutes County. Mr. Westfall explained HIPAA protections in place for the medical information their program receives from patients and what qualifies them to take part in the program. The constraints on communication that the Board of Commissioners runs into come straight from state law, what used to be ORS 475B outlining confidentiality requirements, essentially requiring that the OHA database of registrants is confidential, with a few exceptions. Historically, OHA has been able to provide confirmation to law enforcement professionals about grow sites and registrants via a law enforcement liaison phone line. Recently, Senate Bill 56 required OHA to set up a local jurisdiction hotline effective January 2018, allowing local officials to confirm a grow site location through OHA. Mr. Westfall further explained that OHA is required to conduct inspections throughout the state before registering a grow site, dispensary or processing site, as well as an Minutes of Board of Commissioners' Work Session February 14, 2018 Page 2 of 9 annual inspection to verify compliance is maintained. He stated staff do these inspections on a proactive, revolving schedule throughout the state. The 20,000 grow sites remaining statewide is down about half from the peak, however not all of these require inspection under current law. They inspect locations that potentially have more than 12 plants, as well as responding to complaints from local officials, citizens or law enforcement. Commissioner Baney asked how many do require inspection and how many are on staff for that. Mr. Westfall replied he has five staff for field inspection, and estimated 3,700 sites that require it. Commissioner DeBone asked about diversion, the transport of marijuana outside of the state, and the reporting systems in place. Mr. Westfall described the requirements in place for tracking information, currently on the Oregon Medical Online System (OMOS). Every grower who has more than 12 plants at their location, or is growing at a location where the patient doesn't live, or where a patient or grower is transferring excess material into the distribution stream through a processing site or dispensary site, is required to report to OHA monthly for transfers and transactions including quantity of product and where it goes. He added that OHA was recently given the authority to establish the Cannabis Tracking System (CTS), so that will be in place in June of this year. CTS uses RFI tags to track and scan the plant through the lifespan. Commissioner Baney asked how Mr. Westfall knows if a grower does not report, and he replied that his database would alert him. Commissioner Henderson asked how five staff cover 3,700 sites requiring inspections, and how many they physically visit per year. Mr. Westfall replied that authority was given to them beginning in 2016, then they worked to determine how to safely implement the inspections and cover ground geographically. They performed 50-55 inspections last year, and the current goal is assigning 20-25 inspections per month per inspector, not including complaint response. The initial plan is prioritizing locations where issues have been in the past, or where a high -plant count is known. Commissioner Henderson asked if OHA has had trouble accessing sites, whether they have fining authority, and whether they provide notice before inspection. Mr. Westfall replied that they have not been disallowed from accessing a location, although they have been met with some resistance for various reasons; that they do have the ability to issue a civil penalty or to revoke registrant's registration; and that they do provide a 10 -day letter notice for safety reasons as well as ensuring someone is at the location when the inspector arrives. Commissioner Baney asked how compliance looked in 2017. Mr. Westfall replied it was very good, the team encountered mainly minor technical issues which were easily remedied at the time of inspection. Commissioner Henderson mentioned concerns that notices of inspection allow the site time to become compliant prior to the inspection. Mr. Westfall stated the OHA's mission is to create voluntary compliance and provide education, rather than catch people in violation. The focus is to ensure and maintain Minutes of Board of Commissioners' Work Session February 14, 2018 Page 3 of 9 compliance, for which OHA relies on the majority of registrants for voluntary compliance. Commissioner Henderson asked about the reduction in grow sites and the process registrants go through to surrender their license. Mr. Westfall provided his opinion about the cause for reduction and explained that registrations do expire annually on a rolling basis, 12 months from approval, but also many registrants have surrendered their license or transferred their license to the recreational program with OLCC. Commissioner DeBone asked whether OHA receives feedback regarding zoning requirements for medical growers, and whether it keeps them from continuing business. Mr. Westfall replied yes, they have heard comments over the last two years when registrants have surrendered their registration due to local jurisdictions' time, place and manner constraints. Commissioner Baney asked for clarification regarding city or county options to opt -out. Mr. Westfall explained that local jurisdictions have the opportunity to opt out of various types of facilities, medically or recreationally per ORS 47513. County Counsel Doyle clarified that the County could opt out of recreational grow sites, but cannot opt out of medical grow sites. Commissioner Baney asked about OHA's process once a license has been surrendered, to ensure there is no longer grow activity at the property. Mr. Westfall explained that once a registration has been surrendered, OHA no longer has the authority to conduct a site visit at that property. If issues arise, they are referred to law enforcement for follow up. Commissioner Baney asked about processes if a site is found to have more plants than registered or are allowed. Mr. Westfall stated that if law enforcement notices that, they have the authority to remove excess plants, then they can send OHA the referral, and OHA can move to revoke the registrant's license. This would be done by sending a notice of intent to revoke the registration, which is appealable within a 21 day window. Commissioner Henderson asked whether OHA notifies law enforcement or local officials when planning inspections in their area and whether they have completed inspections in Deschutes County. Mr. Westfall stated OHA is not empowered with the authority to communicate to law enforcement or local officials where grow sites are, and they have not visited any grow sites in Deschutes County. Commissioner Baney asked about availability of information specific to Deschutes County, if they can receive a breakdown of sizes of sites within Deschutes and how many of each, whether they are in incorporated or unincorporated areas, or how many are within the various cities. Mr. Westfall replied he is currently looking into whether Minutes of Board of Commissioners' Work Session February 14, 2018 Page 4 of 9 pulling that information out is possible and potentially providing that report, however they are not able to identify the specific cities where grows are located. Commissioner Baney asked about reporting procedures for discarded or destroyed product and how OHA reflects that in the tracking of product quantities. Mr. Westfall explained OHA has a process for not only tracking the destruction but physically observing it as well, through the Destruction and Disposal Protocol, whether it's plant material or a product that is derived from marijuana. Chair DeBone asked District Attorney John Hummel and Sheriff's Office Captain Garrison for questions or comments. D.A. Hummel expressed his concern with how information given today interacts with his ability to enforce the law. He stated that state law needs to change to allow grow site information to be obtainable by the County. Inspections need to occur in order to find criminals who are willfully breaking the law, to be able to enforce the conditions and hold them accountable. Additionally, this would help to support the business community who have spent their money ensuring they are up to code and following regulations, so this is not fair to them either. The County needs to be able to uphold our word to the community. Captain Garrison asked Mr. Westfall several questions regarding grow sites and inspections. Nick Lelack, Deschutes County Community Development Director, asked whether OHA informs of or requires registrants to comply with the County's time, place and manner regulations Mr. Westfall explained that OHA does not have authority to hold registrants to local regulations or to provide notice to applicants as an operational element of completing an application. Mr. Lelack also asked what type of information OHA is able to share with state agencies, and Mr. Westfall explained they are required to provide real time database access to the Department of Revenue and to the OLCC. Commissioner Henderson asked whether the significant decrease in registered patients is a direct result of recreational marijuana dispensaries being able to sell to people without a medical marijuana card. Mr. Westfall stated that while anyone over 21 years of age can access a retail facility and purchase marijuana, they cannot purchase the medical concentration levels or quantities without that card. Commissioner Baney asked whether a customer would pay less at a recreational dispensary when using that medical card, and Mr. Westfall confirmed that person would not pay state tax on the product. Matt Martin summarized this is the last in the series of currently scheduled marijuana work sessions and he will coordinate with Commissioners for next steps on the evaluation project. Minutes of Board of Commissioners' Work Session February 14, 2018 Page 5 of 9 RECESS: At 3:02p.m., the Board took a recess and reconvened in the Allen Room at 3:16p.m. 2. Board Order / Potential Appeal, Shepherdsfield Church — Peter Gutowsky, Planning Manager Peter Gutowsky, CDD Planning Manager, explained this order before the board would give the commissioners the ability to hear any appeals. Mr. Gutowsky predicted there likely would be appeals from both Shepherd and Central Oregon Landwatch, which would be received by next week. The board discussed potential benefits to hearing the appeals, and whether the case will end up at LUBA and the courts in the end. BANEY: Move Board signature on Document No. 2018-011. HENDERSON: Second. VOTE: BAN EY: Yes. HENDERSON: Yes. DEBONE: Chair votes yes. Motion Carried 3. 9-1-1 Update — Steve Reinke, 9-1-1 Director Steve Reinke, 9-1-1 Director, explained work is continuing to be done with Harris to fix the radio system. He summarized several of the solution options and two potential tower sites, explaining that the department is working with Harris to determine the best one, reviewing and analyzing propagation maps. Harris is aware this process needs to be expedited. Commissioner Baney asked whether it currently makes the most sense to bring in a temporary site, and why it has not been done yet. Mr. Reinke confirmed that once the site location has been determined, that will be the very next step, but unfortunately not everything on the temporary site automatically works together with the rest of the system. Commissioner Henderson noted it seems to have been almost a month that we have discussed a temporary site, a long time. Mr. Reinke assured the commissioners they are very close to making that decision. Mr. Reinke also explained they are getting ready to tee up a Department Director position for technical systems and provided the job description. Commissioner Baney asked what the individual in this position would provide once the systems are up and running successfully. Mr. Reinke replied that the benefit to having an engineer in that Minutes of Board of Commissioners' Work Session February 14, 2018 Page 6 of 9 role is the understanding of multiple platforms, allowing the department to run more effectively, and issues assessed more accurately and efficiently. An engineer can provide multiple solutions to a problem and ideally bringing someone in with experience that provides the ability to prevent future problems. Commissioner Baney expressed that she wants to make sure the short term decision also fits for the long- term. EXECUTIVE SESSION: At the time of 3:56 the Board went into Executive Session under ORS 192.660 (2)(h) Litigation. The Board came out of Executive Session at 4:11pm. The board did not address the Executive Session item relating to ORS 192.660 (2)(d) Labor Negotiations. At the time of 4:11p.m., Commissioner Baney excused herself for another meeting. OTHER ITEMS: Chris Ogren provided a draft letter of support for Board review. The letter would support House Bill 4035, providing college funding for National Guard members, as Oregon is currently the only state in the US that does not. HENDERSON: Move approval DEBONE: Second VOTE: BAN EY: Absent. HENDERSON: Yes. DEBONE: Chair votes yes. Motion Carried Minutes of Board of Commissioners' Work Session February 14, 2018 Page 7 of 9 • Ms. Ure provided a draft letter in support of the Governor's proposal for funding of the OSU Cascades campus. Commissioner Henderson suggested some wording edits regarding the County's donation to the campus, showing the County is vested. • Ms. Ure mentioned House Bill 4007 for the Emergency Housing Fund. County Deputy Administrator Kropp explained the region would receive $350,000 toward stabilization, to prevent people from becoming homeless. Ms. Ure confirmed she will send the letter to commissioners for their review. COMMISSIONERS UPDATE: Chair DeBone explained he'd spoken with Don Horton about House Bill 4029 regarding the new bridge. Commissioners and Ms. Ure discussed more information needed prior to taking a position. Ms. Ure explained CDD's preliminary estimate of cost to the department around $75,000-$100,000 in staffing and GIS work. SIGNATURE PAGE TO FOLLOW Minutes of Board of Commissioners' Work Session February 14, 2018 Page 8 of 9 ADJOURN: Being no further discussion, the meeting adjourned at 4:25 pm. DATED this v Day of 2018 for the Deschutes County Board of Commissioners. I ATTEST: Recording Secretary 4, Anthony DeBone, Chair I Philip G. Henderson, Vice Chair c Tammy Baney, Comms loner Minutes of Board of Commissioners' Work Session February 14, 2018 Page 9 of 9