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2019-284-Minutes for Meeting March 18,2019 Recorded 7/2/2019L�01 E S COG w� BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 1:00 PM Recorded in Deschutes County CJ2019-284 Nancy Blankenship, County Clerk Commissioners' Journal 07/02/2019 9:50:23 AM oGY`JT'£S,COC2< II I I I ILII I'I) 11 I I III I I I II II I'll 2019-284 FOR RECORDING STAMP ONLY Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. Several citizens and representatives of the media were in attendance. CALL TO ORDER: Chair Henderson called the meeting to order at 1:00 p.m. ACTION ITEMS 1. Solid Waste Franchise: County Counsel Dave Doyle reported that the County received written notification from Bend Garbage on March 5 of its pending agreement to sell the waste collection franchise. According to the timeline in Deschutes County Code, the Board has to consider the transfer within 30 days. Solid Waste Director Timm Schimke gave information regarding the franchises involved Deschutes Transfer, Republic Services, Bend Garbage, and Deschutes Recycling. BOCC MONDAY MEETING MARCH 18, 2019 PAGE 1 OF 7 Commissioner DeBone extended congratulations to the businesses involved in the transfer. This item will be presented to the Board for formal approval at the March 20 meeting. 2. Hazardous Materials Emergency Preparedness Grant Sgt. Nathan Garibay along with Bill Boos of the Bend Fire Department presented a grant opportunity for the tri -county area for funding to support a hazardous materials response plan. The funding agency is the United States Department of Transportation; Pipeline and Hazardous Materials Safety Administration through the Oregon State Police; Office of State Fire Marshal. ADAIR: Move to authorize the Deschutes County Sheriff's Office to submit a Hazardous Materials Emergency Preparedness Grant application to support the development of a regional hazardous response plan for Crook, Deschutes, and Jefferson Counties DEBONE: Second VOTE: ADAIR: DEBONE: HENDERSON: 3. Jericho Road Update Yes Yes Chair votes yes. Motion Carried Don Senecal presented an update to the Board regarding the Jericho Road programs and members of the community that they serve. Mr. Senecal provided the Board with a packet of information regarding Jericho Road. BOCC MONDAY MEETING MARCH 18, 2019 PAGE 2 OF 7 4. February 2019 Treasurer's Report and Financial Reports Wayne Lowry, Finance Director presented the investment portfolio as of February 28, 2019. The Countywide summary was reviewed for activity through February of fiscal year 2019. Mr. Lowry reported on the schedule of financial operating data for the general fund, Community Justice juvenile, Sheriff's Office & LEDs, Health Services, Community Development, Road, Adult Parole & Probation, Solid Waste, Risk Management, 9-1-1, health benefits fund, Justice Court, room taxes, and the Fair & Expo Center. Data specific to monthly and annual Clerk's filing and recording fees were presented. 5. Sunriver La Pine EDCO Update Roger Lee, CEO of Economic Development of Central Oregon presented an update and presented a request for funding. Mr. Lee presented handout material to the Board. SLED meeting materials will now be communicated to TL. .. the City of La Pine. Mr. Lee reported on new pusirless grown iri La Ph it. �it Board extended support for the development of the Biogreen business. Mr. Lee presented a request for increased funding for a director for Sunriver La Pine Economic Development from part-time to either 3/a or full time status. A professional search for candidates will be done once the funding is secure. The Board expressed support of the increase. Commissioner Henderson is frustrated there is not much support from La Pine. Commissioner DeBone suggested a concept of a physical development for public services. The formal request from Deschutes County is for an additional $3,000 this year. VOTE: Motion to approve to increase the allocation for an additional $3,000 this year Second DEBONE: ADAI R: HENDERSON: Yes Yes Chair votes yes. Motion Carried BOCC MONDAY MEETING MARCH 18, 2019 PAGE 3 OF 7 6. 2019 Personal Health Assessment (PHA) Proposal Trygve Bolken, HR Analyst and Kathleen Hinman, HR Director presented the proposal for 2019 and reported on the participation of 2018 which was a 7% increase from 2017. This program has been a benefit to County employees. Incentive expenses include costs for the individual item given to those that complete the personal health assessment and a cost share waiver upon completion of the assessment giving a credit for health insurance premium for the month of November. The wellness campaigns focuses on the top 5 health risk/conditions that are identified each year. A custom health questionnaire will be a new feature this year. Ms. Hinman reported there are less claim costs per member that participate in the personal health assessment. The recommendation is to continue the program. The cost per participant for 2019 is expected to be $70. The Board supports the PHA proposal. RECESS: At the time of 3:22 p.m., the Board took a recess and the meeting was reconvened at 3:28 p.m. 7. Preparation for a Public Appeal Hearing for Marijuana Production and Processing at 25450 Walker Road Jacob Ripper presented information related to the public hearing scheduled for Wednesday March 20. Mr. Ripper briefly reviewed the items of concern addressed in the appeal. Testimony timeframes will be communicated to the applicant and appellant for 30 minutes each and for public testimony of 3 minutes. Mr. Ripper noted the 150 -day time clock on this file and that the binder with materials has been provided for the BOCC. BOCC MONDAY MEETING MARCH 18, 2019 PAGE 4 OF 7 8. Internal Auditor Briefing David Givans Internal Auditor presented the briefing on the recent audit on supervisory topics span of control. A copy of the presentation is attached to the record. Span of control is a measurement on direct reports to a supervisor. The Board expressed interest in having a presentation on all of the audit reports. Commissioner DeBone suggested another audit could be a measurement on completion of annual performance reviews. 9. Committee Appointment Selection Logistics: Audit Committee, Investment Advisory Committee, and Cohesive Strategy Steering Committee Commissioner Henderson presented the next steps for the Audit Committee appointment selection. There are two vacancies and six candidates. Commissioner Henderson made three recommendations. Commissioner Adair made two recommendations. Commissioner nei dersoi i� suggested Commissioner Adair interview candidates 2, 3, and 6. The Board supported appointing candidate 1. Commissioner DeBone reported on the Investment Advisory Committee that has one vacancy and three candidates to be considered. Commissioner DeBone and Finance Director Wayne Lowry will interview two of the candidates. Commissioner Henderson met with Alison Green regarding Cohesive Strategy Steering Committee and has a few other names to add to the list for consideration. Commissioner Henderson had hoped for some industry representation. Commissioner Henderson stated there is a plan and program of work for Cohesive Strategy which hasn't been presented to the Board yet. Three of the Counties involved in agreement have not yet appointed their non-government representative. Commissioner Henderson expressed his opinion of having two non-government appointments for Deschutes County. Commissioner DeBone requested information on the focus of this Cohesive Strategy Initiative Steering Committee. BOCC MONDAY MEETING MARCH 18, 2019 PAGE 5 OF 7 EXECUTIVE SESSION: At the time of 4:26 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 4:40 p.m. At the time of 4:44 p.m., the Board went into Executive Session under ORS 192.660 (2) (a) Consideration of Staff Employment. The Board came out of Executive Session at 5:21 p.m. COMMISSIONER UPDATES • Commissioner DeBone suggested a conversation at he morning's legislative call regarding Senate Bill 365. • Commissioner Henderson reported on a meeting scheduled Thursday regarding the Terrebonne Refinement plan and stated he may need to excuse himself from part of the scheduled Joint Planning Commission meeting in order to attend. • Commissioner DeBone attended a civic engagement on the Righteous Mind event in Siskiyou County, CA. • Commissioner Adair testified on Saturday before the Ways and Means committee (convened in Redmond). • Commissioner Henderson reported that he and Commissioner Adair will tour the stabilization centers in Washington and Clackamas Counties on Friday March 15. BOCC MONDAY MEETING MARCH 18, 2019 PAGE 6 OF 7 Being no further items to come before the Board, the meeting was adjourned at 5:37 p.m. ATTEST: —I�ECORDING ETARY �-)04vr X4 �L� vd ATTI ADAIR, VICE CHAIR ANTHONY DEBONE, COMMISSIONER BOCC MONDAY MEETING MARCH 18, 2019 PAGE 7 OF 7 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.ors? BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:00 PM, MONDAY, MARCH 18, 2019 Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Boards ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CA16L TO OP.DER ACTION ITEMS 1:00 PM Solid Waste Franchise - Timm Schimke, Director of Solid Waste 2. 1:30 PM Hazardous Materials Emergency Preparedness Grant - Nathan Garibay, Emergency Manager 3. 1:45 PM Jericho Road Update - Erik Kropp, Deputy County Administrator 4. 2:00 PM Sunriver La Pine EDCO Update - Roger Lee 5. 2:15 PM February 2019 Treasurers Report and Financial Reports - Wayne Lowry, Finance Director/Treasurer 6. 2:30 PM 2019 Personal Health Assessment (PHA) Proposal - Trygve Bolken, Human Resources Analyst 7. 2:45 PM Preparation for a Public Appeal Hearing for Marijuana Production and Processing at 25450 Walker Road -Jacob Ripper, Senior Planner Board of Commissioners BOCC Meeting Agenda Monday, March 18, 2019 Pagel of 2 8. 3:00 PM Internal Auditor Briefing 9. 3:15 PM Committtee Appointment Selection Logistics: Audit Committee, Investment Advisory Committee, and Cohesive Strategy Steering Committee COMMISSIONER'S UPDATES EXECUTIVE SESSION Executive Session under ORS 192.660 (2) (e) Real Property Negotiations and ORS 192.660 (2) (a) Consideration of Employment OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN 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 Meeting dates and times are subject to change. If you have questions, please call (541) 388-6572. Board of Commissioners BOCC Meeting Agenda Monday, March 18, 2019 Page 2 of 2 Imil A co CL CA IKZ oz co -CL Imil E S CO 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 BOCC Monday Meeting of March 18, 2019 DATE: FROM: Nathan Garibay, Sheriff's Office, TITLE OF AGENDA ITEM: Hazardous Materials Emergency Preparedness Grant RECOMMENDATION & ACTION REQUESTED: Requesting consideration of County Administrator signature to authorize the Deschutes County Sheriff's Office to submit a Hazardous Materials Emergency Preparedness Grant application to support the development of a regional hazardous materials response plan for Crook, Deschutes, and Jefferson Counties To: Deschutes County Board of Commissioners From: Sgt. Nathan Garibay Date: March 8, 2019 Subject: Hazardous Materials Emergency Preparedness Grant Commissioner/County Administrator Approval: Date: 3- - I � The Deschutes County Sheriff's Office is requesting the Board of Commissioners' approval to submit a grant application on behalf of the County. A summary of the grant opportunity follows. Background and Policy Implications The Emergency Planning and Community Right -to -Know Act (EPCRA) was passed in 1986 in response to concerns regarding the environmental and safety hazards posed by the storage and handling of toxic chemicals. These concerns were triggered by the 1984 disaster in Bhopal, India, caused by an '.1 ,,..�..1 1„ F..... ..41.�.0 .,...,........,4.� Tb. 1 1,;11-A o l ;_;--A mnrA th „ 1000 reo„le acclUenta-1 release of me111y11JVe�'allat%,. lue release liuu or sev%+laay ul�ulvu 111— '11— � w t. i To reduce the likelihood of such a disaster in the United States, Congress imposed requirements for federal, state and local governments, tribes, and industry. These requirements covered emergency planning and "Community Right -to -Know" reporting on hazardous and toxic chemicals. The Community Right -to -Know provisions help increase the public's knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, can use the information to improve chemical safety and protect public health and the environment. One key provision of EPCRA is that facilities that maintain Extremely Hazardous Substances (EHS) must cooperate with a Local Emergency Planning Committee (LEPC) in the formation of a chemical emergency response plan. A LEPC is formed for each Emergency Planning District (EPD). Up until a few years ago, Oregon provided one statewide EPD managed under the State Emergency Response State Emergency Response Commission (SERC). Although this worked initially, the concept of a statewide EPD does not fully engage local government, emergency response agencies, and the facility operators to the degree desired. To that end, the SERC encourages counties to form local EPDs. About half of the counties in the State have developed their own EPD and LEPC, which better meets the intent of EPCRA. In Central Oregon there is support by the local fire chiefs to form a three county EPD including Crook, Deschutes and Jefferson Counties and develop one response plan. A multi -county plan is allowable. The Office of State Fire Marshall is administering the Hazardous Materials Emergency Preparedness Grant, which can be utilized to support the Central Oregon area in developing a response plan. The Deschutes County Sheriff's Office Emergency Services Manager is supporting the local area by applying for this grant on behalf of Crook, Deschutes and Jefferson Counties. This is a competitive grant and funds are not guaranteed, however initial planning projects like this are highly encouraged. These projects are intended benefit the resilience of Deschutes County as well as the Central Oregon region. Fiscal Implications Funding Agency: United States Department of Transportation; Pipeline and Hazardous Materials Safety Administration through the Oregon State Police; Office of State Fire Marshal (OSFM) Due Date: Application: March 29, 2019 Amount: Approximately $40,000 Matching Funds: $10,000 (anticipated in-kind match) Duration: October 1, 2019 through September 30, 2020 Management: If funds are awarded, OSFM will issue a formal grant document directly to Deschutes County. Deschutes County Sheriff's Office; Emergency Services will manage the grant. Recommendation and Action Required Approval, with suggested motion: "I move to authorize the Deschutes County Sheriff's Office to submit a Hazardous Materials Emergency Preparedness Grant application to support the development of a regional hazardous materials response plan for Crook, Deschutes and Jefferson Counties." Please contact Sgt. Garibay at 541-617-3303 if you have questions concerning this request. E S 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 BOCC Monday Meeting of March 18, 2019 DATE: March 11, 2019 FROM: Erik Kropp, Administrative Services, 541-388-6584 TITLE OF AGENDA ITEM: Jericho Road Update RECOMMENDATION & ACTION REQUESTED: N/A. ATTENDANCE: Erik Kropp, Deputy County Administrator; Don Senecal, volunteer with Jericho Road SUMMARY: Jericho Road is a non-profit agency in Redmond that provides hot meals, backpacks of food for school children over the weekend, emergency assistance, and housing assistance. Jericho Road would like to provide an update to the Board of Commissioners. JERICHO ROAD ANNUAL REPORT, 2018 We are proud of the work we have accomplished at Jericho Road - helping those in need in our community. Since 2008, when Jericho Road received its non-profit status, our programs have expanded to meet the increasing needs of our neighbors and friends. Weekend Food Program. During the school year bags of food are distributed to hungry students at all schools in the Redmond School District. These packs go home to families where there may be younger brothers and sisters, grandparents and extended family. The weekend food bags usually include: 1 box of cereal, 1 box of crackers, 1 jar of peanut butter, 1 box of tuna or chicken salad, 2 applesauce cups, 1 other fruit cup, 1 Austin cheese or peanut butter cracker, 1 cereal bar, 1 granola bar. Sometimes we can add Craisins, trail mix, pretzels, goldfish crackers, a can of Vienna Sausage, packets of jelly or plastic jars of jelly. We pack all bagsibackpacks the same and include a slip of paper to each pack that says, "Foods in this package contain allergens including, but not limited to peanuts, tree nuts, fish, milk, soy, dyes and wheat". ® Jericho Table. Jericho Table provides free, hot meals twenty to twenty-five nights a month to everyone who comes in the door. Volunteers help serve meals and clean the facility. They also provide social inter -action with the guests each evening. Jericho Table, at their new location at the of Church of God's Fellowship Hall, has also become the gathering place for some remarkable activities and newer programs such as: O Weekly visits of portable shower stalls are supplied by the Foundry Church of Bend. O Regularly scheduled visitations by Mosaic Medical. O Extra Friday meals and the Saturday Pizza Parties coordinated through City Center Church and Word of Victory Church. O Added fresh fruit through support of the Central Oregon Hunger Prevention Coalition. O The Unitarian Universalist Redmond provides pizza parties as well. People come to Jericho Table hungry, cold and alone. They experience friendship, love, food, companionship and hope. We are truly blessed to be able to help those who are in such need. And in helping, we ourselves are lifted spiritually and emotionally. 2 • Housing Assistance: The availability of affordable housing is a national challenge for most families earning a less than living wage. Jericho Road has recently expanded their services from families with children to seniors, the disabled, veterans and the working poor. The demand for this kind of help has risen dramatically in recent years. Among the kinds of assistance available is help with rents, deposits, and other related challenges. • Emergency Assistance: The emphasis on immediate needs has taken a higher priority recently. Simple challenges for some become game changers or worse when resources are not available. We assist with fuel, repairs, food, medicine, clothing and many other short-term challenges. GIVING THANKS Jericho Road recognizes the foundations, organizations, businesses and corporations that have given generously to help support our programs: Oregon Community Foundation, Mid Oregon Holiday Dough, , St. Charles Foundation, Autzen Foundation, Deschutes Brewery, Herbert A. Templeton Foundation, Cow Creek Umpqua Foundation, Bill Healy Foundation, ESCO Foundation, Pacific Source, Airlink, Central Oregon Regional Health Council, SELCO, Hayden Homes, Les Schwab, Washington Federal, Hunger Prevention Coalition, US Bank, Deschutes County, Summit Bank, Avion Water, Shopko, Redmond Rotary, Redmond Kiwanis, First Interstate Bank, Key Technology, Hayden Homes, Wells Fargo, Knapp Family/World Vision, First Story, Central Oregon Trucking, Swift Steel, High Country Disposal and many more! Jericho Road is the largest ecumenical social service effort east of the Oregon Cascades. Fourteen local congregations not only provide regular financial support but also the volunteer workers who make Jericho Road a success. We could not serve without their support. These Redmond area congregations support Jericho Road through their prayers, generosity and sense of community: All Peoples United Church of Christ, Berean Bible Church, Church of God Seventh Day, City Center Church, Community Presbyterian Church, Grace Gate Community Church, Highland Baptist Church, Redmond Assembly of God, Redmond Church of Christ, Redmond Community Church, Redmond Community of Christ, Redmond Seventh Day Adventist Church, St. Alban's Episcopal Church, Unitarian Universalist Church, Word of Victory, Zion Lutheran Church. 4 COMMUNITY PARTNERS Jericho Road acknowledges that, just as we could never exist without our volunteer support and congregational generosity, there are others who we want to thank as well... Family Access Network, Mosaic Medical, Foundry Church (shower truck), Homeless Leadership Coalition, Alliance Professionals, Central Oregon Council on Aging, Redmond Habitat for Humanity, Eagle Crest Resort, Redmond Kiwanis, Central Oregon Old Car Club, Crooked River Ranch ATV Club, Black Dog Construction, Central Oregon Retired Educators, City of Redmond, Crooked River Ranch Lions, Deschutes County Sheriff's Department, MacDonald's, Callan Accounting, Papa Murphy's, Starbucks, Round Table Pizza, NeighborImpact, Oregon Food Bank, Order of the Eastern Star Chapter 105, Terrebonne Thriftway, Perception Alpha Omega, Presbytery of the Cascades, Redmond Faith Network, Redmond Parks and Recreation District, Redmond Police, Redmond School District, Redmond Library, Ridgeview and Redmond High Schools Pottery and Culinary students, Redmond Service League, Redmond VFW, St. Vincent De Paul, Sun & Snow Extension Group, Thursday Book Group, Trinity Bike Shop, Vital Provisions, Redmond Walmart, Trader Joe's, Redmond Safeway, Redmond Fred Meyer, Bend Pet Express, PETCO, PetSmart, Grocery Outlet, Dollar Tree, Hub Motel, Valero Service Station, Eberhard's Dairy. Mosaic Medical Foundry Church Shower Truck 5 EVENTS AND BENEFITS The Empty Bowls Benefit for Jericho Road Programs is made possible through the talents and generosity of the Redmond School District and its students. This wonderful partnership has resulted in the unique creation of beautiful bowls, fantastic soups and event day entertainment all provided by the students and under the supervision and guidance of their teachers. Begun in 2014, this annual effort of bringing the community together for a day of celebration and c„nnnrt is nna of tha highlights of the Redmond calendar and is anticipated by more citizens each year. Jericho Road considers Empty Bowls a truly remarkable opportunity to educate the community while celebrating the talents of our youth — a perfect combination! no BENEFIT GOLF TOURNAMENT Since 2016, Jericho Road has partnered with Redmond's Habitat for Humanity in an Annual Benefit Golf Tournament. Each year we have co -hosted the event at Eagle Crest Resort and have managed to grow in numbers of players and amounts raised for both organizations. Keep an eye out for an announcement of the coming year's event! In 2018, the tournament generated nearly $10,000 in registrations, prizes and raffle winnings... all going to support the programs of both community organizations. The Jericho Road and Redmond Habitat for Humanity Fourth Annual Benefit Golf Tournament will take place on Saturday, August 17 at the Eagle Crest Resort. Sponsors, Teams and Volunteers are encouraged to "sign up early"! VOLUNTEER RECOGNITION Jericho Road would like to thank each and every one of our volunteers who so graciously and lovingly give of their time and their resources to help those who, like the traveler along the Road to Jericho so many centuries ago, needed help. Those who are served may never know who we are but their lives have been and will continue to be improved because of what we do! JERICHO ROAD VOLUNTEERS ARE FANTASTIC FOLKS WHO GIVE FREELY SO THAT OTHERS MAY HEAL JERICHO ROAD BY THE NUMBERS, 2018 Annual Budget — 2019 = $186,500 Annual Budget — 2018 = $185,000 • Jericho Table - Total number of meals served 2018 — 12,756. Total costs = $72,715 for food, rent, janitorial service, shower truck and supplies. • Weekend Food Program — Volunteers loaded 9,700 pounds of food into 2,170 bags and packs in 2018 costing a total of $16,275.00 or $7.50 per bag. • Housing Assistance — This program funded 157 requests (228 adults and 283 children) in 2018. Total costs for the program amounted to $36,609.85. • Emergency Service — This program provided: 8 loads of firewood; 207 propane canisters; 102 propane vouchers; 1 propane tank; 50 Butane Canisters; 44 tents; 56 sleeping bags; 21 Mr. Heaters and Little Buddy heaters; 14 hoses and filters for Mr. Heaters; 5 camp stoves; 3-6 gallon water containers; 22 shower passes; 80 bus passes; 5 flashlights; 3 backpacks; 1 gallon of white gas; 5 tarps. Total cost = $12,161.15. • Children Served — Through all programs 2018: approximately 3,000. Number of volunteers 2018: 200-250. Number of volunteer hours 2018: Approximately 6,000 Number of volunteer hours times Oregon State minimum wage ($10.75) = $64,500 Never let anyone tell you that volunteering isn't valuable! Jericho Road's Board of Directors and our volunteers would like to invite you to visit our meetings or program locations and witness the effectiveness and humanity of our involvement with the citizens and friends and neighbors that we serve. Your comments and suggestions are also always appreciated as is your support. May the coming year hold promise and blessings... JERICHO ROAD OF REDMOND, OREGON ADDRESS: POB 1623, REDMOND, OR. 97756 WEBSITE: WWW.JERICHOROADOFREDMOND.ORG. PHONE: 541-548-3367 9 \)` E S 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 BOCC Monday Meeting of March 18, 2019 DATE: March 14, 2019 FROM: Wayne Lowry, Finance, 541-388-6559 TITLE OF AGENDA ITEM: February 2019 Treasurers Report and Financial Reports RECOMMENDATION & ACTION REQUESTED: Discussion of February 2019 Treasurers Report and Financial Reports ATTENDANCE: Wayne Lowry, Finance Director/Treasurer SUMMARY: Monthly Report IV N41 d Z N M c� Orn t� (D 0 Ego CL d C ° m� •� T U d 0 46 C� vr�i oro co o O Z N U LOR ., o ~ ANO N O C a►Grn rn�N E N O ~ A 6G O M e+ d H N N �N c v N LD p U cN} J NOR C Q N $ N � a a d c � 0v'a d r C C d O L FE Z Cm(V .. a moo» �uuu w lLL v►40N do Q c c E o o eE g 000 J N Ire. N Yd'! 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D.to 20271RAF7 Commonwealth BK Avstr NY CASTLE 911812011. '. 3113=19 12 Aa3 AA. 2.250 1.720 2,600,000, 2,599,140 2,600,451 86059E4G6 Valley Authority CASTLE 217/2018 3/1512019, 14. 2.002 2.090 1,020,000; 1,018,817, 1,019,206. - - 9120340D3 _-Tennessee U.S. Treasury ,CASTLE ; 5/16/2018,. 3115/2019. 14 Aaa 0000- 2.538 77,000 70,930 76,927 68607VS71 ,Oregon Stale LoOery CASTLE 4/6/2017 411(7,018 31�Aa2 ,AAA 1.602 1.581, 1,000,000 999,220, 1,000,018. - 317105AM3 FICO Strip '/CASTLE 5/1/2078 415/2019. 36 Aaa 9.700. 2.344 2,050.000 2.064,330 2,061,001 _ 469058FC2. international Bonds for Recons CASTLE 12115/2016 4/26/2019 56 Aaa AAA 1.250 1.5 00 2,000.000 1,6,0.1.0 99 2,000,000 - 90331HMY6 Bancorp ,CASTLE 12122,12017 4128!2019, 56,A1 ,AA- 1.400 2.000 1,000,000, 998,380 999,099, 312612019 90620EAFO _US MUFG Union Bank CASTLE 12/6/2017 5/6/2019 66,A2 A 2.250_ 2.165 1,352,000 1,350,756 1,352.089. 4/6/2019 90520EAFB MUFG Union Bank CASTLE 616/2016 5/6/2019 66 A2 A 2.250 2.650 1,640,000 1,646.484: 1,646,828 4/6/2019 06406HBMO Bank of Now York Mellon Corp CASTLE 11/15/2017 511512019 75 Al A 5,450 1,958 1,000,000, 1,005.100, 1,007,056 - 3133EGAV7 Federal Farm Credit Bank 311/2018, 5117/2019 77 Aaa ,AA+ 1.170 2.210, 1,000,000 1,994,720: 1,995,688 - - 62889KAD3 National Credit Union Assoc ,CASTLE CASTLE 312912018, 611212019 103.Aas AA- 3,000 2.301 1,2.40,000 1,241,141 1,242,380 - 250351FJ7 :Deschutes County Ore Sch Dist 'PJ 8/16!2016. 845/2019_ 106.Aa1 ,.. _ 1.360 1.380_ 245,000.. 244,106 245,000_ - 93B429R66 Washington County SD Municipal IPJ 5111/2017 6/15/2019 106;Aal AA 1.488. 1.488 400,000 398,628 400.000 912828XV7 ;P.1 1 112 712 01 8, 613012010 121,Aaa 1.250, 2.667 3,000,000 2,987,460, 2,987,000, 91412GS82 'U.S-Treasury University of California _ -CASTLE 7172912018 7/912019. 122A0 ,AA 1.796 2,774 1,500,000' 1,496.000 1496,177 - - 76116EFU9 RFSCP STRIP PRIN CASTLE 11/30/2018 7115/2018 136 2.655 2.768 3,000.000 2,971.110 2,969,912 - - 3137EAB1 Federal Home Loan Mtg Corp CASTLE 7120/2016 7119/2019 14,0.Aaa �AA+ 0.875 0.957 1.000,000 994.040, 999,690 - 912826WWCI Treasury PA DAV 1112712018 7/3112019 162 Aso 1.625. 2.010 3,000,000 2.989,230 2.987,803• - 13034PZD2 ,U.S. CALIFORNIA ST HOUSING FINANCASTLE 111212017 61112019. 153,A1 ,AA 1.952 1,850 1,070,000 1,066,715, 1070,447; - - 3135GON33 National Ml Assn CASTLE 8/18/2016 8/112019_ 154 Aaa 'AA+ 0.875, 1.000 1,000,000 993,140, 899,483, - - 8911468J6 ,Federal Toronto Dominion Bank , CASTLE 27512018, 8/1312019 165.Aal 1450 2.360 5,000,000. 4,972,800; 4,980,001 - - 912833KW9,U.S. Treasury CASTLE 5/24420!8 8/15/2019 167 Aso ,AA- AA 0,000 2.494, 2,000,000, 1,977,200; 1,977,925 - - 912828LJ7 ;U.S, Treasury CASTLE 312 112018, , 8/15/2010 167,A9a AA+ 3,625,_ 2250, 2,000,000. 2,010,080 2,012,333_ - 798189P86 _ SAN JOSE EVERGREEN COMM( PJ 615/2018 91112019 184 Aat AA+ 2.657' 2.659, 500,(100 499,610 300,000 0640611CW7Bank of New York Mellon Corp CASTLE 1113/2010_ 9/11/2019 194,Ai A 2.300 1.532 1.675,000 1,671,784 1,680,736 8/11/2019 88059E4H4 Tennessee Valley Authority CASTLE 5/2/2018 9/15/2019 198 2.422 2.555 1,020,000 1,005,128 1,006,411 - - 4B125LRG9 JPMorgan Chase - CorporateN CASTLE 6/28/2017 9/23/20191 206-Aa2 A+ 1.650 1.840 1,300,000 1,292,174, 1,290,800 6/2312019 48125LRJ3 JPMorgan Chase - CorporateN '.CASTLE 4/10,12017 9/2312019 206 Aa2 3.414 2.350 3,000,000 3,008,430: 3,005,110 - - 317705AP6 FICO StripCASTLE 12/2012078 9)2612019 209 Aaa ,A+ _ 8.600 2.709 2.800.000 2.895256 2,692,194 - - W3586RC5 Federal National Mg Assn CASTLE 1214/2016 10/9/2019 222 AA 1.891 2,031 1,400,000 1,378,268 1,383,675 - 313586RC5 Federal National Mlg Assn CASTLE 3/1712016 1010/20191 222. AA 1.665 1.774 600,000 i 590,682 593,840. 313586RC5 National Mig Assn 818/2010: 70/9/2019, 222;_ AA 1.252 1.318 400,000, 393,788: 396,912 - 313586RC5 .Federal :Federal National Mig Assn ,CASTLE . CASTLE 11/22/2017 10/912019 222 AA 1 1.928 2.030 3,600,000, 3,544,092 3,557,197 - 76116FAA5 RFSCP STRIP PRIN CASTLE 9121/2017 10/1512019 228 1.499 1.572 1,000,000, 983,910 990,508 - - 76116FAA5 _RFSCP STRIP PRIN 7/1917.018, 10/15/2019 228 2.506 2.636 1,000,000, 983,910, 984,127, - - 76118FAA5 RFSCP STRIP PRIN ,CASTLE !CASTLE 9/1,212018, 1011512019, 228, �2_580i2.686, 2,000.000, 1,961,820. 1,967,576, - - 3135GOR39 Federal National Mig Assn 'CASTLE 11/10/2016 16/2412019 237 Aaa AA+ 1.0 00, 1.173 2,000,000 1,980,140 1,997,810 - 003319ML4 US Bancorp ;CASTLE 11119/2010 101282019, 241 At ,AA- 2.12.5 3.050_ 1,600,000 1,593,872 1,596,451 912812019. 912628F62 U.S. Treasury 'CASTLE 10111/2016, 10f3112019, 244Aaa AA+ 1.500 1.008 2,000,000 1,966,180 2,006,462 961214BK8 Westpac CASTLE _ 8/30/2017 1111912019 263 Aa3 AA- 4.875 1,826 2,000.000 2,029,426 2,042,623 - 912628695 Treasury 1/10/2018..12131r2010_ 305 Aaa 1.625 2.000 2,000,000, 1,994,640. 1,993.662, - 94988.151-7 'U.S Wells Fargo Corporate Note ,PJ CASTLE 1123/2018. 111512020 320.Aa2 A. 2.400, 2.444 3,000,000 2,966,610 2,996,069 3137EAEE5 Federal Home Loan M19 Corp 1211912018' 1/1712.020, 322,Aaa AA+ 2,770 1,500,000 1,486,365, 1,483,630 3135GOA78 � Federal National Mig Assn!PJ_ ,CASTLE 12/21/2018 1/21/2020 328 AaaAA+ _1.5001 1.8251 2.665 2,000,000 7,983.980 1,981,881 3130ACRPI Federal Home loan Bank : R W B 12/21/2018 21712020: 343 Aaa AA- 1.680! 2.682 2,000,000 1,983,160, 1,981,677. - - 594918AYO Microsoft Cori 81812016. 2/12207.0_. 34B.Aaa ;AAA 1.850 1298 1,000,000, 992,510 1,005,099 1117.12020, 3133EJDCO ;Federal Farm Credit Bank .CASTLE CASTLE 3/1212018 2/20/2020 356 Aaa 'AA. 2.150 2.360 925,000 921,522 925,000 - - 89236TCFO Mir Cred•Corp N CASTLE 12/12/2018, 3/1212020 377,A93 ,AA- _ 2.150 3.301 2,000,000, 1,987,160, 1,976,916, - - 912828J84 _Toyota U.S. Treasury . OA DAV 9/28/2018 3131/2020 396.Aaa AA- SAA- 1.375 2.760 2,000,000 1,974,920 1,970,782' - 13063CS04California StVINISP 9121/2017 4/112020 397 Aa3 -AA+ 1.800 1.900 780,000, 773,292 780,000. 3137EAEM7 Home Loan Mtg Corp 4/19/2018 4/23/2020 419 Aaa 2.500 2.,5112.000.000 1,999.300. 1,999.750_ - - 0378330E9 'Federal Apple me ,CASTLE CASTLE 1115/2019. 5t6P1,020, 432,Aa1 •AA. 2.800 2.668 2,000,000, 2,008.169 2,004,166 - 981214CP8 Westpac .CASTLE 0(21/2018 5126£2020 452 Aa3 AA. 2.300 3.015 1,000.000 992.790 991,443 - 313468NK4 Federal Home Loan Mig Corp CASTLE 7113!2017 5/2912020 455 Aaa AA, 1.625 1.671 3,000,000 2,966,700 _ 2,999,497 5/29/2.619:, 7366881,02 Portland Community College PJ 11127/2018 6/1/2026 458 Aat AA- 3.126 3.126 515,000 517,173 515,000 - 74()189AL9 Precision Castparls Corp CASTLE 2/19/2019 6/15/2020 472 A2 AA- 2,250 2,600 1,000,000 991,670 993,069 511512020', 686053CK3 Oregon School Boards Assoc .CASTLE 3/15/2011 6130/2020, 487 Aa2 A+ 2.063 2.149 1,000,000 962,960, 972.,480 - 589203MA7 Salam•Keizer School District CASTLE 7/26/2017 6/30/2020 4B% Aa2 2.107 1.178 2,310,000, 2,291,843 2,349,742_ - ON053099 ,Oregon School Boards Assoc DA DAV /1/212015, 613612020 13612020, 467 Aa2 ,AA 5.373, 2.050 875.000; 905,669,, 911,710 686053099 612 412 01 0. OW12020 ' 487Aa2 :AA _ 5.373 1,570 500,000 517,52.5, 524,425 . - 9448GMf3 91 ,OregonSchoolBoardsAssoc Wells Fargo Corporate Note ,CASTLE, PJ 1119!2017 7/22/2020 509 A2 A. 2.600 2.350 1,000,000 995,380 1,003,320 949748GN% Wells Fargo Corporate Note CASTLE 2/22/2019 7/22/2020 509 A2 A. 2.600 2.940 1,000,000 995,380 995,383 - 313OG4PC1 Federal National Mfg Assn MORETN: 12113/2018 7124/2020 511 Aan AA+ 1.750 2.820 1,275,000 1,260,605 1,250,478_ 4/24/2019, 3136G4NP4 Federal National Mfg Assn M,ORETN: 12/13/2018. 7/24/2020 511 Aaa AA+ 1,800 2,820 1,000,000 988,710 986,148 4/24/2019�� 90331HNW9 V S Bank• Corp Nota CASTLE 1211812018. . 7/2412020, 511,A1 AA. 3.029 3.206 1,500,000 1,501,710 1,496,879 82.112020 313OA6Z77 Federal Home Loan Bank IVDRETN' 12/21/201 Aaa 711912020 516 AA+ 1.639 2.691 2,000,000 1,078,520 1,976,358 • - 9128284Y3 U.S. Treasury WRETN 9/28/2018 $131/2020- r19Aaa AA. 2.626 2.818 2,000,000 2,002,120 1,994,387 - • 053015AD5 AUTO MATIC DATA CASTLE 2/2612018 911512020; 664_Aa3 AA _ 2.250 2.576 2,110,600- 2.693,035, 2,697,143, 8115!2020 9128281,65 U,S. Treasury CASTLE, 911712018- 9/3012020 579 Ass AA- 1.375 2.751 2,000,000 7,963,520 1,957,898, - - 940093R25 Washington Univ Higher Ed PJ v1912017 10/112020 580 A93 A+ 5.930 1.970 400,000 418,024 424,067- - 459051,170 International Bonds for Recons CASTLE. 2/9/2018_ 101511020 584,Ann AAA _ 1.625 2.47,0 2.000,000_ 1,973,240, 1,960,306, 415/2019 45905UiJ7 International Bonds for Recons CASTLE 1012012016 10/512020, 584 Aaa AAA 1.625 3.065 820,000 869,028; 805,422: 4/5/2019 76116FAE7 RFSCP STRIP PRIN CASTLE !01,112078 1011512020, 594, 2.764 2.951, 2,445,000, 2,342,628. 2,333,492, - - 3130AFSG8 Federal Home Loan Bank CASTLE 10122/2016 10/22/2020 601 Aaa AA- 3.000 3.()00 2,000,000 2,000.740 2,000,000 4/22/2019 492244DV7 Karn Community College CASTLE IWW2016 11/112020 811 AA. 2.893, 1.800 500,000 501,060 508,752 - - �544587C30 LOS ANGELES MUNI IMP CASTLE 2/11/2019 11/1/2020 B11 AA- 3.146 2.872 2,310,000 2,316,491 2,320,149 - - �i3130AFS71 Federal Home Loan Bank 11115/2018, 1112/2020, 612 Aso AA- 3,050 3.049 3,000,000 3,001,950 3,000,000, 5MM019 3134GBX56 Federal Home Loan Mtg Corp _CASTLE.. CASTLE 12/1312017, 11/24/2020 634 Aaa ,AA- 2.250, 2,17'1 3,000,000, 2,984,670, 3,000,000, '.3134GOJH3 Federal Home Loan Mig Corp CASTLE 1212712017. 2/17/2021 719 Aaa AA- 'AA+ 2.560, 1.915, 2,000,000, 1,994,380 1,999,113 2/17/2020 3134GSK87 Federal Homo Loan MtgCorp __MOFIFTN.. 1212612018 3126/2021 756Aso 3.000_ 3,001, 2„000.000 2800,180, 2,000,000` 372x2019 89236TEV3 ,Toyota MirCred -CorpN CASTLE 1/912018 411312,02.1,... 174,Aa3 ;AA• 3.077 3.286 2000,000 1,998,980 1,988,436 - - 3136G4NN8 Federal National Mfg Assn 10/7812017 512.412021 815,Aaa AA. 2.000 2,000. 1,080.000 1,062,439 1,08,0000 5/24/2019 695114CMB Corp _CASTLE CASTLE _ 1112912618 6/1512021, 837 Al .A+ 3.650, 3.350,; 1.170,000 1,191,353 1,182,714 3115/2021 695114CMO ,Pacific pacific Corp CASTLE 12/82018 61152021 837-A1 A+ 3.850 3.351 030,000 845,148 839,014 3/1512021 69$114CMB Pacific Corp CASTLE 2/22/2019 6/15/2021 837 Al A+ 3.650 2.850 2,OOD,000 2,036,500 2,039,370 3/15/2021 3134GSK79 Federal Home Loan Mg Corp 1212812010 6/2012021; 850,Aaa ;AA- 3.030. 3.030. 3,00(1,000 3,001,530, 3,000,000 01282019 3134GSUL7 Federal Home Loan Mfg Corp ,MORETN, ;CASTLE 11//2079 917/2021 921 Aaa 'AA+ 380D,. 2.979 2,000.000 2,000,040, 2,000,944 317/2019 313406N66 Federal Home Loon Mig Corp ,R W a 12r21120f8, _ 9121/2021 935.Aaa 'AA+ � 3.030 3.031 2,000,060 2.000,80, 2,060,000, 6/21/2019 45905UC36 International Bonds for Recons CASTLE 7/1612018 8282021 942 Aaa ,AAA 2.000, 2.967; 2,000,000 1,941,400; 1.052,845, - 695714CPi Pacific Corp 'CASTLE. 82512618, 2/1/2022, 1068,A1 A+ 2.950 3.320 700,000 701,071 692,888, 11/112021 086053801 Oregon School Boards Assoc h1ORETN 81417.018, 83012022 1217,,Aa2 AA 5,460, 3.120. 925,000 1,003,095 993,022. • - ''Local Govt investment Pool 2.750 2.750'_ 54.423,436_ 54,423.436.. 54,423,436. - - First Interstate _ , 2.750, 2.750 5,549,057 _ 5,549.057 - 5.549,057. - U1E$ C � oG or 2{ Countywide Summary All Departments Activity thru February of Fiscal Year 2019 66.7% Year Complete Fiscal Year 201$ Fiscal Year 2019 RESOURCES Budget Actuals % Budget Actuals % projection % 001 -General Fund 32,265,615 33,769,079 105%; 33,938,668 31,503,688 93% ; 030 - Community Justice 682,536 837,648 123%; 786,286 444,148 56% ; 160/170 - TRT 6,737,000 6,988,489 104%: 7,282,600 6,033,495 83% ; 220 - Justice Court 531,500 575,882 108%; 552,000 390,499 71% ; 255 -Sheriffs Office 36,864,968 37,936,659 103%; 39,225,869 37,146,191 95% ; 274 - Health Services 34,573,521 38,363,991 111%; 35,164,773 20,041,210 57% ; 295 - CDD 7,338,533 7,776,653 106%; 8,153,746 4,948,370 61% ; 325 - Road 19,877,279 20,528,351 103%: 22,876,423 15,605,084 68% ; 355 - Adult P&P 5,421,974 6,042,821 111%: 6,360,818 5,074,879 80% ; 465 - Road CIP 125,000 120,460 96% ; 959,104 143,912 15% ; 610 - Solid Waste 10,657,799 11,089,132 104%; 11,868,613 7,513,766 63% ; 615 - Fair & Expo 2,097,570 1,748,860 83% ; 1,392,000 824,982 59% ; 618 - RV Park 407,198 479,897 118%; 358,600 297,510 83% ; 670 - Risk Management 3,371,531 3,701,647 110%; 3,569,944 2,344,155 66% ; 675 - Health Benefits 21,585,803 22,015,955 102%; 21,411,563 14,893,498 70% ; 705-911 9,753,844 9,882,966 101%; 10,260,013 9,106,759 89% ; 999 -Other 26,153,016 28,876,425 110%; 28,694,557 20,416,906 71% ; TOTAL RESOURCES ; 218,444,687 230,734,916 106% 232,855,577 176,729,050 76% ; REQUIREMENTS 001 - General Fund 030 - Community Justice 160/170 - TRT 220 - Justice Court 255 - Sheriffs Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 34,026,387 100%: 812,422 103%: 7,514,550 103%: 585,749 106%: 39,741,288 101%; 37,502,457 107%: 8,670,923 106%: 23,200,129 101%: 6,420,518 101%: 335,000 35% ; 11,870,513 100%: 1,505,131 108%: 479,841 134%: 3,626,944 102%: 22,318,513 104%: 10,330,786 101%: 28,824,452 100%: 237,765,603 102%: Fiscal Year 2018 Fiscal Year 2019 Budget Actuals % Budget Actuals % projection % 15,986,747 15,378,686 96% ; 17,401,109 10,747,105 62% ; ; 16,915,835 97% ; 6,512,859 6,375,507 98% ; 7,040,903 4,368,230 62% ; 6,791,304 96% ; 3,315,354 2,915,584 88% 2,335,678 1,616,397 69% ; 2,399,705 103%; 628,863 600,334 95% ; 658,081 438,008 67% 655,373 100%; 40,755,403 39,361,408 97% ; 42,853,022 26,851,659 63% ; ; 42,016,007 98% 43,292,551 41,383,026 96% ; 44,694,683 26,614,291 60% ; 43,082,960 96% ; 7,032,569 6,252,475 89% ; 7,726,157 4,839,550 63% ; 7,498,461 97% ; 20,105,847 12,990,350 65% ; 14,689,753 6,990,062 48% ; 12,906,850 88% ; 6,299,725 5,807,233 92% ; 6,505,128 4,053,377 62% ; 6,311,891 97% ; 3,395,701 2,933,626 86% ; 8,309,501 4,171,756 50% ; 7,780,942 94% ; NOTE. Groupings between the Department Summary and their respective reports can differ due, however, ending fund balance will agree between the reports. 1 X01 E SCO j�/�/i o s Counde Summa (17,331,380) (17,361,807) 100%; (18,077,559) (11,066,743) O 66.7/0 `J " 100%; 030 - Community Justice 5,528,643 5,528,643 100%; 5,744,015 Year Complete All Departments 100%; 1601170 - TRT ; (3,423,509) (3,423,509) 100%: (4,649,866) (2,854,522) 61% ; Activity thru February of Fiscal Year 2019 100%: 220 - Justice Court 70,000 70,000 100%; 30,000 20,000 610 - Solid Waste 8,123,785 7,807,819 96% ; 8,310,720 4,491,325 54% ; 8,146,414 98% ; 615 - Fair & Expo 2,481,387 2,533,077 102% 2,452,285 1,733,943 71% ; 2,535,606 103%; 618 - RV Park 539,644 488,463 91% ; 521,971 338,987 65% ; 521,971 100%; 670 - Risk Management 2,766,326 2,477,933 90% ; 3,858,097 1,815,459 47% ; 3,854,699 100%; 675 - Health Benefits ; 22,398,292 22,323,217 100%; 23,144,255 12,090,491 52% ; 21,696,561 94% ; 705-911 12,328,643 11,877,430 96% ; 13,379,064 7,112,461 53% ; 11,311,964 85% ; 999- Other 45,475,827 37,887,487 83% ; 38,940,678 17,856,025 46% ; 38,631,764 99% ; TOTAL REQUIREMENTS; 241,439,523 219,393,653 91% ; 242,821,086 136,129,126 56% ; 233,058,307 96% ; 85% ; Fiscal Year 2018 94% ; 618 - RV Park Fiscal Year 2019 160,000 100%; 160,000 TRANSFERS Budget Actuals % Budget Actuals % Projection % 001 - General Fund (17,331,380) (17,361,807) 100%; (18,077,559) (11,066,743) 61% ; ; (18,114,616) 100%; 030 - Community Justice 5,528,643 5,528,643 100%; 5,744,015 3,843,845 50% ; 5,744,015 100%; 1601170 - TRT ; (3,423,509) (3,423,509) 100%: (4,649,866) (2,854,522) 61% ; (4,649,866) 100%: 220 - Justice Court 70,000 70,000 100%; 30,000 20,000 67% ; 30,000 100%; 255 -Sheriffs Office 2,879,521 2,879,521 100%; 2,981,253 2,095,513 27% ; 2,981,253 100%; 274 - Health Services 4,093,873 4,093,873 100%; 6,177,535 4,247,474 50% ; 6,179,235 100%; 295 - CDD (926,888) (1,162,241) 125%; (1,152,624) (576,223) 50% (1,748,436) 152%; 325 - Road (6,000,000) (6,000,000) 100%; (14,464,308) (8,232,154) 67% ; (14,464,308) 100%; 355 -Adult P&P 407,189 407,189 100%; 165,189 130,126 50% ; 165,189 100%; 465 - Road CIP 5,275,400 4,578,054 87% ; 13,811,725 6,232,154 45% ; 13,507,292 98% ; 610 - Solid Waste (2,580,000) (2,580,000) 100%; (4,688,023) (2,125,015) 45% ; (4,688,023) 100%; 615 - Fair & Expo 580,918 543,196 94% ; 1,220,994 811,622 85% ; 1,147,996 94% ; 618 - RV Park 160,000 160,000 100%; 160,000 160,000 100°/x; 160,000 100%; 670 - Risk Management (1,000) (1,000) 100%; (3,168) (1,584) 50% ; ; (3,168) 100%; 705-911 - - 999%: - - 999- Other 11,267,233 12,268,080 109%; 12,744,837 7,315,505 92% ; ; 13,753,437 108%; TOTAL TRANSFERS NOTE. Groupings between the Department Summary and their respective reports can differ due; however, ending fund balance will agree between the reports. 2 vSES C Countywide Summary All Departments Activity thru February of Fiscal Year 2019 FUND BALANCE 001 - General Fund 030 - Community Justice 160/170 - TRT 220 - Justice Court 255 - Sheriff's Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 610 - Solid Waste 615 - Fair & Expo 618 - RV Park 670 - Risk Management 675 - Health Benefits 705-911 999- Other TOTAL Budget Actuals % Budget Actuals % 8,947,488 11,946,544 9,350,000 21,636,385 898,320 1,348, 881 689,399 1,268,644 810,429 1,566,452 2,261,401 3,129,028 57,637 157,990 67,919 130,482 10,102,086 14,873,445 13,191,907 27,263,490 3,809,316 9,304,552 3,850,339 6,978,945 1,019,462 2,529,615 1,478,676 2,062,213 2,456,021 10,314,842 2,416,014 10,697,710 904,438 2,333,720 2,220,879 3,485,348 8,260,123 9,588,827 14,148,365 11,793,136 569,886 1,938,991 600,000 2,836,416 422,101 (60,285) ; 160,709 (157,624) 252,554 443,480 315,629 562,002 5,501,841 6,582,283 5,308,679 7,109,396 14,187,511 15,075,316 14,318,894 17,878,322 66.7% Year Complete Projection % 10,942,480 1,114,015 2,031,431 ; 118,366 15,579,980 9,903,284 1,953,641 6,143,813 2,607,536 15,650,177 ; 975,067 57,236 561,350 6,351,360 15,697,268 7,225,201 8,660,615 5,505,949 10,654,913 7,679,437 46,314,853 58,438,531 59,085,233 68,314,917 ; 62,384,656 ; 159,751,097 111,739,267 155,043,801 134,969,991 195,643,725 NOTE. Groupings between the Department Summary and their respective reports can differ due, however, ending fund balance will agree between the reports. 3 General Fund Schedule of Financial Operating Data Revenues Year to Date July 1, 2018 through February FY 2018 28, 2019 (67% of the year) Property Taxes - Current $ 26,803,012 % of Actual Actual Budget Revenues Property Taxes - Current $ 26,803,012 $ 26,661,804 98% a) $ 27,337,385 $ 27,530,754 193,369 Property Taxes - Prior 500,406 316,911 86% 370,000 370,000 - Other General Revenues 3,190,552 2,338,474 87% b) 2,685,500 2,755,500 70,000 Assessor 847,520 667,387 77% c) 870,658 870,658 - County Clerk 1,796,418 1 1,015,497 57% h) 1,787,270 1,612,270 (175,000) BOPTA 12,468 9,811 77% c) 12,700 12,050 (650) District Attorney 226,561 226,440 58% 389,782 389,782 - Tax Office 201,617 167,207 84% c) 198,950 198,950 - Veterans 162,223 86,822 52% f) 166,423 166,423 - Property Management 99,502 13,333 11% g) 120,000 120,000 - Total Revenues 33,840,279 31,503,688 93% 33,938,668 34,026,387 87,719 Expenditures Assessor 4,240,703 3,002,970 63% d) 4,802,452 4,683,416 119,035 County Clerk 1,529,074 1,025,143 56% d) 1,845,477 1,813,314 32,163 BOPTA 65,271 46,564 64% 73,125 73,308 (183) District Attorney 6,601,913 4,515,917 61% d) 7,372,932 7,082,050 290,881 Medical Examiner 158,160 83,410 48% 173,129 165,129 8,000 Tax Office 791,044 514,985 59% d) 872,020 843,232 28,788 Veterans 492,616 369,916 65% d) 572,287 570,795 1,492 Property Management 253,495 182,822 64% d) 287,858 282,760 5,098 Non -Departmental 1,259,222 1,005,377 72% 1,401,829 1,401,829 - Total Expenditures 15,391,498 10,747,105 62% 17,401,109 16,915,834 486,274 Transfers In - 159,065 49% e) 326,122 289,065 (37,057) Transfers Out 17,420,195 11,225,808 61% 18,403,681 18,403,681 - Total Exp & Transfers 32,811,693 21,813,847 61% 35,478,668 35,030,450 448,217 Change in Fund Balance 1,028,586 9,689,840 (1,540,000) (1,004,063) 535,936 Beginning Fund Balance 10,917,957 11,946,543 110% 10,890,000 11,946,543 1,056,543 Ending Fund Balance $ 11,946,543 $ 21,636,384 $ 9,350,000 $ 10,942,480 $ 1,592,480 Expenditures Recap by Budget Category 1 Personnel 10,617,386 7,516,175 62% 12,080,220 Material & Services 4,606,437 3,174,920 60% 5,252,889 Capital Outlay 167,675 56,010 82% 68,000 Total by Category $ 15,391,498 1 $ 10,747,105 62% $ 17,401,109 a) Current year taxes received primarily in November, February and May. TAV came in 0.3% higher than budgeted. b) PILT payment of $500,000 received in July. Includes $194,554 of Marijuana tax. c) A & T Grant received quarterly. Q1 - July; Q2 - October; Q3 - January; Q4 - April. d) Savings related to FTE vacancies YTD and forecasted vacancy rates consistent with YTD experience. e) Repayment to General Fund from Finance for ERP Implementation and Humane Society loan closeout. f) Oregon Dept of Veteran's Affairs grant reimbursed quarterly. g) Interfund land -sale management revenue recorded at year-end. h) Recording fees have been trending at 85% of prior year through February 2019. CI Revenues OYA Basic & Diversion ODE Juvenile Crime Prev Leases Inmate/Prisoner Housing DOC Unif Crime Fee/HB2712 Food Subsidy Gen Fund -Crime Prevention Interest on Investments OJD Court Fac/Sec SB 1065 Contract Payments Case Supervision Fee Miscellaneous Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Transfers In -General Fund Transfers Out-Veh Reserve Total Transfers Change in Fund Balance Beginning Fund Balance Ending Fund Balance Community Justice- Juvenile Schedule of Financial Operating Data Year to Date July 1, FY 2018 2018 through February 28, 2019 (67% of the year) % Of Actual Actual Budget FY 2019 Projected I Variance $ 417,385 $ 197,486 49% a) $ 407,113 $ 407,113 $ - 67,130 40,448 44% g) 91,379 91,379 - 86,315 58,498 69% e) 85,000 86,931 1,931 133,500 53,700 77% b) 70,000 80,000 10,000 35,220 26,208 75% 35,000 35,000 - 22,206 7,842 42% d) 18,744 14,000 (4,744) 20,000 10,000 50% c) 20,000 20,000 - 21,264 19,949 80% 25,000 30,000 5,000 17,107 16,873 99% b) 17,000 30,000 13,000 8,075 5,356 67% 8,000 8,000 - 6,087 4,011 57% 7,000 6,000 (1,000) 3,359 3,776 444,148 3,581,306 184% 56% 63% f) 2,050 786,286 5,705,245 4,000 812,423 5,497,738 1,950 26,137 207,507 837,648 5,149,243 1,226,264 779,358 59% h) 1,327,658 1,286,000 41,658 - 7,566 4,368,230 3,887,345 95% i) 62% 67% 8,000 7,040,903 5,831,015 7,566 6,791,304 5,831,015 434 249,599 - 6,375,507 5,597,643 69,000 43,500 3,843,845 (80,237) 50% 67% 87,000 5,744,015 (510,602) 87,000 5,744,015 (234,866) - - 275,736 5,528,643 (9,217) 1,358,098 1,348,881 $ 1,268,644 112% 1,200,000 $ 689,398 1,348,881 $ 1,114,015 $ 148,881 424,617 $ 1,348,881 a) Quarterly payments received after reimbursement requested. b) Projected upward due to year to date revenue received. c) Quarterly payments. d) Projected downward due to year to date revenue received. e) Leases paid month in advance. Increased projection due to short-term lease ending December 2018 f) Projected downward based on detention and community service vacancies experienced to -date. g) Quarterly payments after reimbursement. h) Projected downard due to lower than budgeted offender services expenditures. i) One-time expense. Projection updated. A Revenues LED #1 Countywide Property Taxes Current Year Prior Year Foreclosed Properties Interest Total LED #1 Countywide LED #2 Rural Property Taxes Current Year Prior Year Foreclosed Properties Interest Total LED #2 Rural Sheriff's Office Revenues Total Revenues Expenditures Sheriffs Services Civil/Special Units Automotive/Communications Detective Patrol Records Adult Jail Court Security Emergency Services Special Services Training Other Law Enforcement Services Crisis Stabilization Center Non -Departmental Total Expenditures Change in Fund Balance Beginning Fund Balance Ending Fund Balance Sheriff's Office and LEDs Schedule of Financial Operating Data $ 22,428,903$ Year to Date July 1, 97% a) 2018 through February FY 2018 28, 2019 (67% of the 33,979 year) 0% 157,047 % Actual Actual Budget $ 22,428,903$ 24,155,216 97% a) 360,299 245,822 82% 33,979 - 1 0% 157,047 174,467 24,575,505 120% 97% 22,980,228 FY 2019 Budget Projected I Variance $ 24,792,245 $ 24,922,722 $ 130,477 300,000 325,000 25,000 145,000 240,000 95,000 25,237,245 25,487,722 250,477 10,058,115 9,778,101 97% a) 10,043,598 10,077,740 34,142 163,202 110,962 74% 150,000 146,000 (4,000) 15,221 - 0% - - - 124,758 120,947 10,010,010 4,730,622 39,316,137 1,822,915 101% 97% 68% b) 93% 61% c) 120,000 10,313,598 6,929,945 42,480,788 2,997,984 180,000 10,403,740 7,104,745 42,996,206 3,025,118 60,000 90,142 174,800 515,418 (27,134) 10,361,296 7,746,923 41,088,446 2,604,354 1,364,969 811,306 69% 1,181,695 1,204,547 (22,852) 2,363,693 1,501,084 57% d) 2,644,786 2,656,307 (11,521) 1,886,714 1,390,772 68% e) 2,033,077 2,097,171 (64,094) 9,660,880 6,643,297 66% 10,003,953 9,854,778 149,175 793,478 570,644 65% 881,182 949,269 (68,087) 16,858,723 11,297,628 61% f) 18,630,764 18,096,585 534,179 490,186 348,033 63% 551,494 529,067 22,427 388,607 224,402 68% g) 328,581 326,716 1,865 1,570,443 954,225 63% 1,520,623 1,459,943 60,680 693,517 541,044 81% h) 667,647 818,747 (151,100) 834,610 708,984 70% 1,017,266 1,080,352 (63,086) 71,424 6,205 1% i) 559,308 82,742 476,566 52,077 105,553 26,926,092 12,390,045 97% j) 62% 108,329 43,126,689 (645,901) 108,329 42,289,671 706,535 - 837,018 1,352,436 39,633,673 1,454,773 13,418,672 14,873,445 $ 27,263,490 107% 13,837,807 $ 13,191,906 14,873,445 $ 15,579,980 $ 1,035,638 2,388,074 $ 14,873,445 a) TAV came in 0.3% higher than budgeted for LED #1 and 0.2% for LED #2. b) Prisoner Housing (SB 395) projected to exceed budget. c) Parking Lot project phase 3 pending. d) New & Current Automotive supplies will catch up in Q3. e) Vehicles budgeted for FYI all purchased in Q2. f) Significant savings from vacant FTE, partially offset by higher overtime costs. g) Annual Intergov't Regional Center payment made in January, offset by YTD Overtime savings. h) Firearms and Ammunition purchases occur at the beginning of the year, plus high OT from new training. I) Money for this project has not been spent yet. j) Includes annual transfers from Fund 701/702 to Fund 256 for Equipment Reserve. NOTE: Personnel savings are reflected assuming current vacancy rates experienced will be maintained throughout the year. 101 Revenues State Grants CCBHC Grants OHP Capitation Environmental Health Fees Federal Grants Patient Fees (including State) Local Grants Title 19 State Miscellaneous Liquor Revenue Divorce Filing Fees Interfund Contract -Gen Fund Vital Records Interest on Investments Other Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Transfers In - General Fund Transfers In - PH Reserves Transfers Out Total Transfers In / Out Change in Fund Balance Beginning Fund Balance Ending Fund Balance Health Services - All Divisions Schedule of Financial Operating Data FY 2019 Budget Projected I Variance $ 12,496,729 Year to Date July 1, 64% 2018 through February FY 2018 28, 2019 (67% of the 8,095,540 ear 37% a) 5,327,800 o Actual Actual Budget FY 2019 Budget Projected I Variance $ 12,496,729 $ 8,455,455 64% $ 13,243,852 $ 12,951,688 (292,164) 8,095,540 1,978,603 37% a) 5,327,800 5,650,825 323,025 8,835,600 4,313,399 50% b) 8,652,200 9,864,900 1,212,700 963,885 940,149 80% e) 1,169,600 1,027,488 (142,112) 477,203 257,269 35% c) 729,000 861,000 132,000 1,944,011 1,157,467 84% d) 1,383,668 1,641,504 257,836 888,375 657,849 54% 1,208,623 1,292,031 83,408 1,450,730 1,000,275 74% d) 1,345,100 1,702,668 357,568 1,238,534 367,971 41% 899,734 1,147,080 247,346 604,464 87,209 58% 151,000 151,000 - 131,745 157,603 100% 157,603 157,603 - 127,000 105,546 83% 127,000 127,000 - 240,496 154,597 73% 212,000 231,900 19,900 114,846 121,438 90% 135,000 180,000 45,000 753,233 286,382 68% 422,593 515,770 93,177 38,362,392 20,041,210 57% 35,164,773 37,502,457 2,337,684 27,549,618 19,656,608 62% f) 31,775,838 29,930,460 1,845,378 13,714,180 6,883,095 55% g) 12,534,845 13,077,499 (542,654) 117,629 74,588 19% h) 384,000 75,000 309,000 41,381,427 26,614,291 60% 44,694,683 43,082,959 1,611,724 4,584,193 4,052,149 67% 6,078,223 6,078,223 - - 289,669 101% i) 288,000 289,700 1,700 490,320 94,344 50% 188,688 188,688 - 4,093,873 4,247,474 69% 6,177,535 6,179,235 1,700 1,074,839 (2,325,607) (3,352,375) 598,733 3,951,108 8,229,713 9,304,552 129% j) 7,202,714 9,304,552 2,101,838 $ 9,304,552 $ 6,978,945 $ 3,850,339 $ 9,903,284 $ 6,052,946 a) CCBHC wraparound payments are reimbursed on a quarterly basis. Projection updated to include year 1 CCBHC Expansion. b) Coordinated Care Organization payment received from Pacific Source. New contract effective 01/01/2019 reflects an increase. c) SAMSHA Crisis Co -responder grant; quarterly reimbursements begin in January 2019. Notice of Award received for crisis grant, of which $149,000 will be received and expended this fiscal year. d) There is an uptick in patient visits, and resulting revenue, relative to budgeted expectations. e) The majority of Environmental Health Fees are assessed/collected at the end of calendar year 2018. f) Savings are anticipated from a slow -down in hiring and future vacancy rates forecasted. g) Notice of Awards received for crisis grant and CCBHC expansion not reflected in budgeted amounts. h) $350k was budgeted to be spent to furnish a Crisis Stabilization center facility. Construction of the facility and its furnishings expected to occur in FY20; expenditures in FY19 include permitting and land use costs and one vehicle. i) Amounts transferred from Public Health Reserves to Public Health Operations per budget deliberations. j) Both an increase in CCHBC clients served, and an increase to the CCBHC reimbursement rate, during the last few months of FY18 contributed to larger than projected revenues for FY18. 0 Health Services - Behavioral Health Division Schedule of Financial Operating Data Revenues Year to Date July 1, FY 2018 2018 through February 28, 2019 (67% of the FY 2019 $ 9,727,563 $ 6,554,583 year) $ 10,168,869 $ 9,809,508 (359,361) 00 7,422,784 1,666,934 38% a) Actual Actual I Budget Budget Projected I Variance Revenues State Grants $ 9,727,563 $ 6,554,583 64% $ 10,168,869 $ 9,809,508 (359,361) CCBHC Grants 7,422,784 1,666,934 38% a) 4,381,400 4,476,445 95,045 OHP Capitation 8,835,600 4,313,399 50% b) 8,652,200 9,864,900 1,212,700 Federal Grants 172,019 104,550 38% c) 278,096 427,096 149,000 Patient Fees (including State) 518,984 428,881 116% d) 368,400 491,172 122,772 Local Grants 11,928 85,746 21% e) 412,987 412,987 - Title 19 1,450,730 1,000,275 74% d) 1,345,100 1,702,668 357,568 State Miscellaneous 731,145 4,935 1% 351,200 484,944 133,744 Liquor Revenue 604,464 87,209 58% 151,000 151,000 - Divorce Filing Fees 131,745 157,603 100% 157,603 157,603 - Interfund Contract -Gen Fund 127,000 105,546 83% 127,000 127,000 - Other 359,761 176,045 53% 334,545 400,971 66,426 Total Revenues 30,093,723 14,685,706 55% 26,728,400 28,506,294 1,777,894 Expenditures Personnel Services 16,306,247 11,727,251 61% f) 19,246,611 17,837,508 1,409,103 Materials and Services 6,632,028 2,867,589 47% g) 6,055,277 6,351,456 (296,179) Capital Outlay 32,579 74,588 20% h) 379,000 75,000 304,000 Total Expenditures 22,970,853 14,669,427 57% 25,680,888 24,263,964 1,416,924 Transfers Transfers In - General Fund 1,734,107 1,521,720 67% 2,282,708 2,282,708 - Transfers Out - Dept Admin 5,402,700 4,165,704 67% i) 6,248,940 6,248,940 - Total Transfers In I Out (3,668,593) (2,643,984) 67% (3,966,232) (3,966,232) - Change in Fund Balance 3,454,277 (2,627,706) (2,918,720) 276,098 3,194,818 Beginning Fund Balance 2,174,468 5,628,745 142% j) 3,976,398 5,628,745 1,652,347 Ending Fund Balance $ 5,628,745 $ 3,001,040 $ 1,057,678 $ 5,904,843 $ 4,847,165 - a) CCBHC wraparound payments are reimbursed on a quarterly basis. Projection includes revenues from CCBHC Expansion Grant. b) Coordinated Care Organization payment received from Pacific Source. New contract effective 01/01/2019 reflects an increase, adjusted for withhold. c) SAMSHA Crisis Co -responder grant; quarterly reimbursements begin in January 2019. Notice of Award received for an additional crisis grant, of which $149,000 will be received and expended this fiscal year. d) There is an uptick in patient visits, and resulting revenue, relative to budgeted expectations. e) This is a local grant from Pacific Source collected on a quarterly basis, after request is made. f) Savings anticipated from a slow -down in hiring and future vacancy rate of 6% forecasted. g) Notice of Awards received for crisis grant and CCBHC expansion not reflected in budgeted amounts. h) $350k was budgeted to be spent to furnish a Crisis Stabilization center facility. Construction of the facility and its furnishings expected to occur in FY20; expenditures in FY19 include permitting and land use costs and one vehicle. i) Amount represents the funding transferred from Behavioral Health to Department Admin for support. j) Both an increase in CCHBC clients served, and an increase to the CCBHC reimbursement rate, during the last few months of FYI contributed to larger than projected revenues for FYI 8. Health Services - Public Health Division Schedule of Financial Operating Data Revenues FY 2019 Budget Projected I Variance State Grants Year to Date July 1, $ 1,900,873 2018 through February FY 2018 28, 2019 (67% of the 67,197 year) 963,885 940,149 0o Actual Actual Budget Revenues FY 2019 Budget Projected I Variance State Grants $ 2,769,165 $ 1,900,873 62% $ 3,074,983 $ 3,142,180 67,197 Environmental Health Fees 963,885 940,149 80% a) 1,169,600 1,027,488 (142,112) Patient Fees (including State) 1,425,027 728,585 72% b) 1,015,268 1,150,332 135,064 Federal Grants 305,185 152,719 40% c) 382,000 382,000 - Local Grants 876,447 572,103 72% i) 795,636 879,044 83,408 State Miscellaneous 507,389 363,036 66% j) 548,534 662,136 113,602 Vital Records 240,496 154,597 73% 212,000 231,900 19,900 Other 374,434 101,088 128% d) 79,048 101,100 22,052 Total Revenues 7,462,028 4,913,149 68% 7,277,069 7,576,180 299,111 Expenditures Personnel Services 6,512,999 4,663,713 62% e) 7,462,095 7,136,712 325,383 Materials and Services 1,833,637 1,114,216 58% 1,923,694 1,986,372 (62,678) Capital Outlay 74,995 - 0% - - - Total Expenditures 8,421,631 5,777,929 62% 9,385,789 9,123,084 262,705 Transfers Transfers In - General Fund 2,850,086 2,530,429 67% 3,795,515 3,795,515 - Transfers In - PH Reserves - 289,669 101% f) 288,000 289,700 1,700 Transfers Out- Dept Admin 2,009,844 1,382,760 67% g) 2,074,366 2,046,816 27,550 Total Transfers In / Out 840,242 1,437,338 72% 2,009,149 2,038,399 29,250 Change in Fund Balance (119,361) 572,559 (99,571) 491,495 591,066 Beginning Fund Balance 933,059 813,698 139% h) 583,802 813,698 229,896 Ending Fund Balance $ 813,698 $ 1,386,257 $ 484,231 $ 1,305,193 $ 820,963 a) The majority of Environmental Health Fees are assessed/collected at the end of calendar year 2018. b) Patient fees include fee-for-service payments from the State, Commercial Insurance, and Patients. c) Received on a quarterly basis, after request is made. d) An unanticipated donation of $11 k to maternal/child health was received during the year. e) Savings are anticipated from a slow -down in hiring and future vacancy rate of 4% forecasted. f) Amounts transferred from Public Health Reserves to Public Health Operations per budget deliberations. g) Amount represents the funding transferred from Public Health to Department Admin for support. h) Savings from a hiring slow -down around the previous budget development provided additional savings in FY18, over projected. i) Local grants are paid out in semi-annual, or annual, amounts toward the beginning of the year. j) Funding from House Bill 3391 (Family Planning Exp Project) coming in higher than anticipated. Quarterly collections. 9 Revenues CCBHC Grants Federal Grants Interest on Investments Other Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Transfers In - General Fund Transfers In - Dept Admin Transfers Out Total Transfers In / Out Change in Fund Balance Beginning Fund Balance Ending Fund Balance Health Services - Administration Division Schedule of Financial Operating Data FY 2019 Budget Projected I Variance $ 672,756 Year to Date July 1, 33% a) $ 2018 through February FY 2018 28, 2019 (67% of the - ear 0% b) 68,904 o Actual Actual Budget FY 2019 Budget Projected I Variance $ 672,756 $ 311,668 33% a) $ 946,400 $ 1,174,380 227,980 - - 0% b) 68,904 51,904 (17,000) 114,846 121,438 90% 135,000 180,000 45,000 19,038 9,249 103% c) 9,000 13,699 4,699 806,640 1 442,355 38% 1,159,304 1,419,983 260,679 4,730,372 3,265,645 64% d) 5,067,132 4,956,240 110,892 5,248,515 2,901,290 64% 4,555,874 4,739,671 (183,797) 10,056 - 0% 5,000 - 5,000 9,988,943 6,166,935 64% 9,628,006 9,695,911 (67,905) - - 0% - - - 7,412,544 5,548,464 67% e) 8,323,306 8,323,306 - 490,320 94,344 50% 188,688 188,688 - 6,922,224 5,454,120 67% 8,134,618 8,134,618 - (2,260,079) (270,460) (334,084) (141,310) 192,774 5,122,187 2,862,108 108% 2,642,514 2,862,108 219,594 $ 2,862,108 $ 2,591,648 $ 2,308,430 $ 2,720,798 $ 412,368 a) CCBHC wraparound payments are reimbursed on a quarterly basis 60 days after quarter end. Amounts received are for CCBHC-related staff, and additional expenditures under the CCBHC Expansion Grant. b) Includes funding from Crisis Co -responder grant, funds reimbursed quarterly and it recently completed its first quarter. Amount reduced by $17k due to Oregon Meaningful Use Program not being awarded during FY2019. c) Payments for leased space from medical professionals. Utilities reimbursements from Mosaic medical. d) Savings anticipated from a slow -down in hiring and future vacancy rate of 3% forecasted. e) Amount represents the funding required from Behavioral Health & Public Health for Department Admin. 10 Revenues Admin- Operations Admin- Code Enforcement Building Safety Electrical Env Health- On Site Prog Planning- Current Planning- Long Range Total Revenues Expenditures (by Division) Admin -Operations Admin -Code Enforcement Building Safety Electrical Env Health -On Site Pgm Planning -Current Planning -Long Range Total Expenditures Net from Operations Transfers Out To CDD Reserve Funds Net Transfers In/ Out Change in Fund Balance Beginning Fund Balance Ending Fund Balance Community Development Schedule of Financial Operating Data FY 2019 Budget Projected Variance 134,969 Year to Date July 1, FY 2018 2018 through February a) $ 28, 2019 (67% of the 152,400 $ year) 581,209 2,203,711 00 Actual Actual I Budget FY 2019 Budget Projected Variance 134,969 $ 101,748 89% a) $ 114,500 $ 152,400 $ 37,900 581,209 2,203,711 405,960 61% a) 664,291 691,950 27,659 3,113,439 1,963,608 59% a) 3,312,714 3,436,098 123,384 765,399 458,520 57% 804,849 809,333 4,484 809,187 506,557 65% a) 782,984 877,365 94,381 1,813,228 1,176,881 60% b) 1,945,453 1,915,628 (29,825) 559,223 485,097 5,098,370 59% 60% 828,955 8,453,746 817,870 8,700,644 (11,085) 246,898 7,776,653 2,105,543 1,563,602 63% c) 2,480,694 2,426,733 53,961 412,921 295,487 63% 466,550 466,688 (138) 1,364,198 1,058,787 62% c) 1,717,925 1,662,726 55,199 339,953 295,056 65% c) 455,905 452,037 3,868 471,314 372,893 60% c) 621,107 562,293 58,814 1,301,029 968,380 62% b), c) 1,560,577 1,482,219 78,358 360,795 325,316 4,879,522 218,848 65% 63% 34% c) 503,344 7,806,102 647,644 498,623 7,551,319 1,149,325 4,721 254,783 501,681 6,355,753 1,420,900 50% d) 361,937 (467,402) 2,167,678 2,529,616 115% $ 2,529,616 $ 2,062,213 1,372,679 1,725,300 (352,621) (1,372,679) (1,725,300) (352,621) (725,035) (575,975) 149,060 2,203,711 2,529,616 325,905 $ 1,478,676 $ 1,953,641 $ 474,965 a) Projection increased due to higher than expected volume b) Change in accounting procedure for hearings officer deposits (Deposits held as liability instead of passing through budget). c) Projection decreased due to year to date unfilled positions. d) Year end projections increased to reflect ORS requirements to account for surplus building safety and electrical revenues seperately. 11 Road Schedule of Financial Operating Data Year to Date July 1, FY 2018 2018 through February FY 2019 28, 2019 (67% of the year) % of Actual Actual Budget Budget F Projected Variance Revenues Motor Vehicle Revenue $ 14,111,188 $ 11,630,025 72% a) $ 16,234,849 $ 16,791,895 $ 557,046 Federal - PILT Payment 1,574,248 2,153,308 113% b) 1,900,000 2,153,308 253,308 Other Inter -fund Services 1,069,766 197,690 19% c) 1,044,353 954,353 (90,000) Federal Reimbursements 509,127 363,910 67% d) 544,000 363,910 (180,090) Cities-Bend/Red/Sis/La Pine 537,224 152,745 24% e) 635,000 406,076 (228,924) State Miscellaneous 721,797 681,695 92% f) 739,811 725,177 (14,634) Forest Receipts 882,985 - 0% g) 963,410 963,410 - Sale of Equip & Material 378,623 204,101 56% 365,000 368,500 3,500 Mineral Lease Royalties 59,341 10,876 6% h) 175,000 60,000 (115,000) Assessment Payments (P&I) 91,803 6,215 9% 70,000 70,000 - Interest on Investments 116,447 148,960 93% i) 160,000 220,000 60,000 Miscellaneous 73,077 55,558 123% j) 45,000 123,500 78,500 Total Revenues 20,125,626 15,605,084 68% 22,876,423 23,200,129 323,706 Expenditures Personnel Services 5,852,960 4,096,007 62% k) 6,595,561 6,254,011 341,550 Materials and Services 6,995,505 2,894,055 36% 1) 8,094,192 6,652,839 1,441,353 Capital Outlay 141,885 - 0% - - - Total Expenditures 12,990,350 6,990,062 48% 14,689,753 12,906,850 1,782,903 Transfers Transfer In- Solid Waste Payment 402,725 - 0% - - - Transfers Out 6,000,000 8,232,154 57% 14,464,308 14,464,308 - Total Transfers (5,597,275) (8,232,154) 57% (14,464,308) (14,464,308) - Change in Fund Balance 1,538,001 382,868 (6,277,638) (4,171,029) 2,106,609 Beginning Fund Balance 8,776,841 10,314,842 119% 8,693,653 10,314,842 1,621,189 Ending Fund Balance $ 10,314,842 $ 10,697,710 $ 2,416,015 $ 6,143,813 $ 3,727,798 a) Motor vehicle revenue is higher than anticipated b) A reduction to timber revenue received in FY18 resulted in a positive impact to the FY19 PILT amounts received c) Reduction due to more vehicles participating in Vehicle replacement fund (680) d) All reimbursable projects have been competed e) City reimbursements for work performed by the County are received towards the end of the FY, after work is completed Anticipated receipts from City of Bend and City of Redmond are less than budgeted. They have postponed work until after July 1 f) Actual reimbursable services provided g) Forest receipts are anticipated to be received from the State in May 2019 h) Mineral Lease Royalties are primarily received in the last few months of the Fiscal Year i) Based on YTD actuals j) Anticipated restitution for accident damage to La Pine State Rec Road guardrail k) Savings from unfilled positions and associated benefits of $366k. Additional expense of $25k anticipated for uplanned retirement 1) $1.2 million reduction in paving materials due to materials purchased at end of FY 18; $160k reduction in Engineering expenses; $46k reduction in fuel cost estimates, $18k reduction in signs; $17 reduction in shop supplies and tools 12 Road CIP Schedule of Financial Operating Data FY 2019 Budget Projected I Variance Revenues Year to Date July 1, Budget 2018 through February FY 2018 28, 2019 (67% of the 646,061 year) 648,000 - % of Actual Actual Budget FY 2019 Budget Projected I Variance Revenues Actual Budget Projected I Variance Burgess Road / Day Road Intersection 646,061 State Miscellaneous 648,000 - 0% a) 853,104 120,000 (733,104) Interest on Investments 120,460 143,912 136% 106,000 215,000 109,000 Total Revenues 120,460 143,912 15% 959,104 335,000 (624,104) Expenditures 187,345 US 20 at Tumalo 1,100,000 300,000 1,100,000 (800,000) Materials and Services 35,701 48,769 67% 73,153 73,153 - Capital Outlay 2,897,925 4,122,988 50% b) 8,236,348 7,707,789 528,559 Total Expenditures 2,933,626 4,171,756 50% 8,309,501 7,780,942 528,559 Transfers - 12,588 (12,588) C Avenue: Hwy 97 to 6th St Improvement 34,393 180,746 Transfer In 4,578,054 6,232,154 45% c) 13,811,725 13,507,292 (304,433) Total Transfers 4,578,054 6,232,154 45% 13,811,725 13,507,292 (304,433) Change in Fund Balance 1,764,889 2,204,309 6,461,328 6,061,350 (399,978) Beginning Fund Balance 7,823,938 9,588,827 125% 7,687,037 9,588,827 1,901,790 Ending Fund Balance $ 9,588,827 $ 11,793,136 $ 14,148,365 $ 15,650,177 $ 1,501,812 a) Majority of reimbursable work will not be completed in FY 19. b) Work not completed in FY 18, will be completed in FY 19. Part of this work is reimbursable. d) Revised projection based on anticipated transfer for eligible SDC projects Capital Outlay Summary - by Project Actual Budget Projected I Variance Burgess Road / Day Road Intersection 646,061 900,106 648,000 252,106 Deschutes Market / Dale Road Intersection 1,279,400 1,500,000 1,263,865 236,135 Erickson Road Paving 468,544 - 468,544 (468,544) Old Bend Redmond Highway Phase II 13,371 346,426 115,036 231,390 3rd Street Drainage Extension 112,655 300,000 112,655 187,345 US 20 at Tumalo 1,100,000 300,000 1,100,000 (800,000) S. Canal / Helmholtz Way 66,360 714,937 292,830 422,107 S. Canal - "Six" Corners 201,038 798,699 951,528 (152,829) Tumalo Road / Tumalo Place 18,244 406,879 137,263 269,616 Quail Road Improvements 100,000 100,000 100,000 - La Pine Guardrail Repair 12,588 - 12,588 (12,588) C Avenue: Hwy 97 to 6th St Improvement 34,393 180,746 168,241 12,505 Solar Drive Bridge 70,334 160,000 75,000 85,000 Projects not started - 2,528,555 2,262,239 266,316 4,122,988 8,236,348 7,707,789 528,559 Revenues DOC Grant in Aid SB 1145 CJC Justice Reinvestment DOC Measure 57 Electronic Monitoring Fee Probation Superv. Fees DOC -Family Sentence Alt Interfund - Sheriff Gen Fund/Crime Prevention DOJ/Arrest Grant Alternate Incarceration State Subsidy Interest on Investments Probation Work Crew Fees State Miscellaneous Miscellaneous Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Transfers In -General Fund Transfer Out - Vehicle Repl/Maint Total Transfers Change in Fund Balance Beginning Fund Balance Ending Fund Balance Adult Parole Probation Schedule of Financial Operating Data FY 2019 Budget Projected I Variance $ 4,333,329 Year to Date July 1, 75% a) $ through February FY 20182018 28, 2019 (67% of the 844,831 year) 100% b) 844,831 o Actual Actual Budget FY 2019 Budget Projected I Variance $ 4,333,329 $ 3,586,203 75% a) $ 4,781,604 $ 4,781,604 $ - 844,831 844,831 100% b) 844,831 844,831 - 233,900 233,900 100% b) 233,900 233,900 - 149,997 57,641 576% c) 10,000 65,000 55,000 191,722 110,979 53% e) 210,000 180,000 (30,000) 114,683 114,683 100% b) 114,683 114,683 - 50,000 33,333 67% 50,000 50,000 - 50,000 25,000 50% d) 50,000 50,000 - 11,684 - 0% - - - 6,908 - 0% - - - 16,336 12,252 72% a) 17,000 17,000 - 36,963 50,901 127% h) 40,000 76,000 36,000 1,966 1,492 37% e) 4,000 2,500 (1,500) - - 0% e) 4,300 - (4,300) 503 3,663 733% 500 5,000 4,500 6,042,821 5,074,879 80% 6,360,818 6,420,518 59,700 4,226,603 3,006,485 65%f) 4,656,363 4,546,891 109,472 1,548,670 1,046,892 57% g) 1,828,765 1,760,000 68,765 31,960 - 0% 20,000 5,000 15,000 5,807,233 4,053,377 62% 6,505,128 6,311,891 193,237 451,189 190,126 67% 285,189 285,189 - 44,000 60,000 50% 120,000 120,000 - 407,189 130,126 79% 165,189 165,189 - 642,777 1,151,628 20,879 273,816 252,937 1,690,943 2,333,720 106% 2,200,000 2,333,720 133,720 $ 2,333,720 $ 3,485,348 $ 2,220,879 $ 2,607,536 $ 386,657 a) Quarterly payment in advance. b) One-time/annual payment. c) Prior electronic monitoring arrangement was budgeted to expire July 1 st, 2018, but activity extended thru August 2018. d) Quarterly payments. e) Projected downward due to less than anticipated revenue. f) Savings from unfilled vacancies YTD. g) Projected downward due to lower than budgeted offender services expenditures. h) Projected upward due to higher than budgeted revenue. 14 Operating Revenues Franchise Disposal Fees Private Disposal Fees Commercial Disp. Fees Franchise 3% Fees Yard Debris Recyclables Sale of Equip & Material Special Waste Interest Leases Miscellaneous Total Operating Revenues Operating Expenditures Personnel Services Materials and Services Capital Outlay Debt Service Total Operating Expenditures Transfers Out SW Capital & Equip. Reserve Total Transfers Out Change in Fund Balance Beginning Fund Balance Ending Fund Balance Solid Waste Schedule of Financial Operating Data $ 6,091,577 2,502,365 1,905,165 273,532 203,247 15,833 8,952 23,143 8,101 57,217 11,089,132 FY 2019 Budget Projected I Variance $ 4,297,826 Year to Date July 1, $ 6,497,675 $ 2018 through February FY 2018 28, 2019 (67% of the 2,709,370 year) 1,379,499 68% % Actual Actual I Budget $ 6,091,577 2,502,365 1,905,165 273,532 203,247 15,833 8,952 23,143 8,101 57,217 11,089,132 FY 2019 Budget Projected I Variance $ 4,297,826 66% $ 6,497,675 $ 6,497,675 $ - 1,468,565 54% 2,709,370 2,709,370 - 1,379,499 68% 2,042,050 2,042,050 - 120,883 46% a) 265,000 265,000 - 147,840 68% b) 216,761 216,761 - 7,347 41% c) 18,000 12,000 (6,000) 20,319 135% d) 15,000 22,000 7,000 37,137 84% 44,000 55,700 11,700 1 0% e) 10,801 1 (10,800) 34,350 69% 49,955 49,955 - 7,513,766 63% 11,868,612 11,870,512 1,900 2,173,108 1,532,989 61% f) 2,504,623 2,340,317 164,306 4,684,108 2,561,200 54% 4,772,158 4,772,158 - 89,501 86,712 50% g) 173,000 173,000 - 861,102 310,425 36% h) 860,938 860,938 - 7,807,819 4,491,325 54% 8,310,719 8,146,413 164,306 2,580,000 2,125,015 45% 4,688,023 4,688,023 - 2,580,000 2,125,015 45% 4,688,023 4,688,023 - 701,313 897,426 (1,130,130) (963,924) 166,206 1,237,677 1,938,991 112% 1,730,130 1,938,991 208,861 1,938,991 $ 2,836,416 $ 600,000 $ 975,067 $ 375,067 a) Due April 15, 2019. b) Revenue is seasonal with higher utilization in the summer months. c) Pricing is lower than expected in the recycling markets. d) Revenue source is unpredictable; dependent on special clean-up projects. e) No longer leasing the Rickard Rd property. f) Savings from unfilled vacancies YTD and with an expected vacancy rate of 5%, on average, going forward. g) Capital purchases are in process. h) Principal and interest payments due in Nov and May. NOTE: Revenue projections, as a whole, still reflect management's best estimate of revenues to be collected. 15 Risk Management Schedule of Financial Operating Data Revenues Year to Date July 1, 2018 Inter -fund Charges: FY 2018 through February 28, 2019 FY 2019 General Liability $ (67% of the year) $ 709,117 67% $ 1,063,675 $ 1,063,675 $ - 0o 391,542 262,861 67% Actual Actual I Budget Vehicle Budget Projected Variance Revenues Inter -fund Charges: General Liability $ 1,051,283 $ 709,117 67% $ 1,063,675 $ 1,063,675 $ - Property Damage 391,542 262,861 67% 394,291 394,291 - Vehicle 195,085 130,167 67% 195,250 195,250 Workers' Compensation 1,242,317 840,293 67% 1,247,279 1,247,279 - Unemployment 356,545 247,390 88% 280,921 280,921 - Claims Reimb-Gen Liab/Property 336,022 28,620 11% 269,198 269,198 - Process Fee-Events/Parades 1,800 585 33% 1,800 1,800 Miscellaneous 1,548 - 0% 530 530 Skid Car Training 39,382 34,200 107% 32,000 38,000 6,000 Interest on Investments 86,122 90,893 107% 85,000 136,000 51,000 TOTAL REVENUES 3,701,647 2,344,125 66% 3,569,944 3,626,944 57,000 Direct Insurance Costs: GENERAL LIABILITY Settlement / Benefit 69,537 27,700 Defense 78,349 216,607 Professional Service 12,545 5,000 Insurance 212,132 247,670 a) Repair/ Replacement 20,247 4,239 Total General Liability 392,809 501,216 56% 900,000 1,100,000 (200,000) PROPERTY DAMAGE Property Damage Charges 235 160 Insurance 173,873 146,323 b) Repair / Replacement 30,900 39,443 Total Property Damage 205,008 185,926 26% 728,398 700,000 28,398 VEHICLE Insurance 5,101 7,505 Loss Prevention 1,717 14,284 Repair/ Replacement 109,130 43,500 Total Vehicle 115,948 66,333 55% 120,000 130,000 (10,000) WORKERS' COMPENSATION Settlement / Benefit 860,322 471,187 Professional Service 40,999 9,380 Insurance 168,955 145,019 Loss Prevention 57,266 44,409 Miscellaneous 51,236 25,891 Total Workers' Compensation 1,178,778 695,886 54% c) 1,300,000 1,200,000 100,000 UNEMPLOYMENT - Settlement/Benefits 30,960 23,538 16% 150,000 65,000 85,000 Total Direct Insurance Costs 1,923,503 _ 1,472,898 46% 3,198,398 3,195,000 3,398 Insurance Administration: Personnel Services 360,138 242,275 63% 387,349 387,349 - Materiais & Srvc, Capital Out. & Tranfs. 195,293 101,840 37% 275,518 275,518 Total Insurance Administration 555,431 344,115 52% 662,867 662,867 - Total Expenditures 2,478,933 1,817,013 47% 3,861,265 3,857,867 3,398 Change in Fund Balance 1,222,713 527,112 (291,321) (230,923) 60,398 Beginning Fund Balance 5,359,570 6,582,283 118% 5,600,000 6,582,283 982,283 Ending Fund Balance $ 6,582,283 $ 7,109,396 $ 5,308,679 $ 6,351,360 $ 1,042,681 a) Annual insurance premiums are paid at the beginning of the fiscal year. b) Annual insurance premiums are paid later in the fiscal year. Pending claim for Fair/Expo roof replacement. c) Current projection of $1.20M is reasonable per discussion with management. Pending claims and outside legal costs factor into this decision. wo DC 9-1-1 (Funds 705 and 707) Schedule of Financial Operating Data Revenues Year to Date July 1, 2018 PropertyTaxes- Current $ 7,950,397 $ FY 2018 through February 28, 2019 8,316,033 $ FY 2019 34,127 Property Taxes - Prior (67% of the year) 85,368 78% 110,000 110,000 - 00 32,003 31,360 105% Actual Actual I Budget State Reimbursement Budget Projected Variance Revenues PropertyTaxes- Current $ 7,950,397 $ 8,088,122 97% g) $ 8,316,033 $ 8,350,160 $ 34,127 Property Taxes - Prior 126,401 85,368 78% 110,000 110,000 - Property Taxes - Jefferson County 32,003 31,360 105% 30,000 33,600 3,600 State Reimbursement 162,900 132,900 106% h) 125,000 147,900 22,900 Telephone User Tax 911,753 481,352 54% a) 890,000 890,000 - Data Network Reimb. 67,875 - 0% b) 50,000 50,000 - User Fee 104,939 75,027 42% c) 180,000 180,000 - Police RMS User Fees 351,987 69,192 23% c) 300,680 300,680 - Contract Payments - 175 0% c) 51,300 51,300 - Miscellaneous 18,647 14,900 213% 7,000 15,000 8,000 Interest 98,838 92,375 67% 138,000 138,000 - Total Revenues 9,825,738 9,070,772 89% 10,198,013 10,266,640 68,627 Expenditures Personnel Services 6,766,806 4,406,799 58% f) 7,646,307 6,844,964 801,343 Material and Services 3,301,199 2,428,063 72% d) 3,390,757 3,125,000 265,757 Capital Outlay 1,797,372 277,599 12% e) 2,342,000 1,342,000 1,000,000 Total Expenditures 11,865,377 7,112,461 53% 13,379,064 11,311,964 2,067,100 Transfers Transfers In 1,300,000 - 0% - - - Transfers Out (493,863) - 0% - - - Total Transfers 806,137 - 0% - - - Change in Fund Balance (1,233,502) 1,958,311 (3,181,051) (1,045,324) 2,135,727 Beginning Fund Balance 7,261,002 6,027,500 100% 6,000,000 6,027,500 27,500 Ending Fund 705 & 707 Balance $ 6,027,500 $ 7,985,811 $ 2,818,949 4,982,176 $ 2,163,227 Ending Bal. DC Reserve (710) 2,633,115 2,669,102 2,687,000 2,697,261 10,261 Total of Funds 705, 707 and 710 $ 8,660,615 $ 10,654,913 $ 5,505,949 $ 7,679,437 $ 2,173,488 a) The State distributes payments quarterly, after the month ends. b) This is for billing to user agencies, billed out January 1st. c) Reimbursements from other agencies, billed out January 1 st. d) Annual maintenance agreements paid towards the beginning of the fiscal year. e) Capital budget available for Technology Improvements expenditures. Reduced due to CAD hold -back & radio progress delays. f) Savings are anticipated from FTE vacancies YTD and forecasted vacancies. Effective vacancy rate for year is estimated at 9%. g) Current year taxes received primarily in November, February and May. TAV came in 0.3% higher than budgeted. h) Majority of state reimbursements billed annually toward year-end for system maintenance. 17 Health Benefits Fund Statement of Financial Operating Data Revenues: Year to Date July 1, 2018 FY 2018 through February 28, FY 2019 Internal Premium Charges 2019 (67% of the year) $ Actual Actual % of Budget Projection $ Variance Part -Time Employee Premium 2,303 1,131 Budget a) 2,563 1,696 Revenues: Internal Premium Charges $ 17,573,923 $ 11,929,275 70.0% a) 17,052,000 17,893,913 841,913 Part -Time Employee Premium 2,303 1,131 44.1% a) 2,563 1,696 (867) Employee Monthly Cc -Pay 960,340 646,091 67.1% a) 963,000 969,137 6,137 COIC 1,823,503 1,196,396 65.2% a) 1,834,000 1,794,594 (39,406) Retiree/COBRA Co -Pay 1,255,725 820,664 64.1% a) 1,280,000 1,230,996 (49,004) Prescription Rebates 64,110 50,216 83.7% 60,000 65,000 5,000 Claims Reimbursements & Misc 116,243 21,177 N/A d) - 21,177 21,177 Interest 219,809 228,547 103.9% a) 220,000 342,000 122,000 Total Revenues 22,015,955 14,893,498 69.6% 21,411,563 22,318,513 906,950 Expenditures: Materials & Services Admin & Wellness Claims Paid -Medical 14,108,678 7,271,928 48.8% c) 14,900,000 13,669,200 1,230,800 Claims Paid -Prescription 1,304,662 658,367 47.9% c) 1,375,000 1,167,800 207,200 Claims Paid -Dental 1,722,019 984,483 60.3% c) 1,632,000 1,700,000 (68,000) Claims Paid -Vision 426,862 216,961 47.4% c) 458,000 363,000 95,000 Stop Loss Insurance Premium 440,144 301,982 67.1% b) 450,000 460,000 (10,000) State Assessments 10,585 - 0.0% - - - Administration Fee (TPA) 681,958 292,120 67.2% b) 435,000 438,550 (3,550) Preferred Provider Fee 80,523 52,127 68.6% b) 76,000 80,000 (4,000) Other - Administration 177,758 144,788 61.9% 233,777 233,777 - Other- Wellness 156,884 98,607 53.3% 184,870 184,870 - Admin & Wellness 19,110,074 10,021,364 50.8% 19,744,647 18,297,197 1,447,450 Deschutes On-site Clinic Contracted Services 928,621 579,835 59.5% 975,000 970,500 4,500 Medical Supplies 88,436 34,206 42.8% 80,000 80,000 - Other 34,416 22,244 37.2% 59,864 41,864 18,000 Total DOC 1,051,474 636,284 57.1% 1,114,864 1,092,364 22,500 Deschutes On-site Pharmacy Contracted Services 308,693 197,794 58.9% 336,000 319,000 17,000 Prescriptions 1,750,513 1,169,275 63.2% e) 1,850,000 1,891,000 (41,000) Other 102,463 65,775 66.6% 98,744 97,000 1,744 Total Pharmacy 2,161,669 1,432,843 62.7% 2,284,744 2,307,000 (22,256) Total Expenditures 22,323,217 12 090,491 52.2% 23,144,255 21,696,561 1,447,694 Change in Fund Balance (307,262) 2,803,007 (1,732,692) 621,952 2,354,644 Beginning Fund Balance 15,382,578 15,075,316 93.9% 16,051,586 15,075,316 (976,270) Ending Fund Balance $ 15,075,316 $ 17 878,322 $ 14,318,894 $ 15,697,268 $ 1,378,374 a) Year to date annualized b) Year to date actual plus purchase orders and contracts outstanding. c) Current projected amounts in claims paid are compared against a rolling annual total for reasonableness. Amounts may fluctuate significantly due to unanticipated cost -intensive diagnoses. d) Current year FSA forfeiture was $13,840 e) YTD reflects only 7 months of invoices. iE:1 Revenues Court Fines & Fees Interest on Investments Total Revenues Expenditures Personnel Services Materials and Services Total Expenditures Transfers Transfers In- General Fund Total Transfers Change in Fund Balance Beginning Fund Balance Ending Fund Balance Justice Court Schedule of Financial Operating Data Year to Date July 1, 201 FY2018 through February 28, 2019 (67% of the year) Actual I Actual I Budget $ 574,364 $ 388,618 1,518 _ 1,881 575,882 390,499 462,655 338,519 137,679 99,489 600,334 438,008 FY 2019 Variance 71 % a) $ 550,000 $ 582,927 $ 32,927 94% 2,000 2,822 822 71% 552,000 585,749 33,749 30,000 - 45,548 67% 508,650 508,069 581 67% 149,431 147,304 2,127 67% 658,081 655,373 2,708 70,000 20,000 67% 30,000 30,000 - 70,000 20,000 67% 30,000 30,000 - 45,548 (27,509) (76,081) (39,624) 36,457 112,442 157,990 110% 144,000 157,990 13,990 $ 157,990 $ 130,482 $ 67,919 $ 118,366 $ 50,447 a) Year to date annualized for projected amounts. REVENUES Room Taxes Interest Total Revenues EXPENDITURES Administrative Auditing Services Temporary Help Interfund Contract ISF Public Notices Printing Office Supplies Postage Software Total Administrative Current Distributions Sheriff's Office Sunriver Service Dist COVA (20% of the 6%) COVA (100% of the 1%) Grants Third Party Grants Inter -fund Transfers Fair & Expo Center ME Reserve Fund Total Distributions Total Expenditures Change in Balance Beginning Balance Ending Balance Room Taxes (Funds 160 and 170) Schedule of Financial Operating Data July 1, 2018 thru February 28, 2019 Fund 160 - 7% of TRT Fund 170 -1% of TRT Combined - 8% TRT udeet T Actual Budget Actual Budget Actual % of $ 6,352,500 $ 5,243,165 $ 907,500 $ 749,026 1 $ 7,260,000 $ 5,992,191 82.5% 14,000 35,179 8,600 6,125 22,600 41,304 182.8% 6,366,500 5,278,344 916,100 755,152 7,282,600 6,033,495 82.8% 10,938 3,063 7,875 1,767 50,675 33,783 38,485 25,657 2,713 1,066 1,925 - 875 - 2,625 664 52,500 23,171 168,611 89,170 1,563 438 12,501 3,500 1,125 252 9,000 2,020 8,446 5,631 59,121 39,414 602 401 39,087 26,058 388 152 3,101 1,218 275 - 2,200 - 125 - 1,000 - 375 95 3,000 759 7,500 3,310 60,000 26,481 20,399 10,279 189,010 99,449 3,151,787 2,101,191 3,151,787 2,101,191 200,000 - 200,000 - 1,063,256 826,731 1,063,256 826,731 884,017 690,217 884,017 690,217 25,744 17,163 642,252 321,126 667,996 338,289 - - 830,083 415,042 830,083 415,042 5,324,804 3,635,302 1,472,335 736,168 6,797,139 4,371,470 5,493,415 3,724,472 1,492,734 746,447 6,986,149 4,470,919 873,085 1,553,871 (576,634) 8,705 1 296,451 1,562,576 1,387,711 1,204,818 576,634 361,634 1,964,345 1,566,452 $ 2,260,796 $ 2,758,689 $ - $ 370,339 $ 2,260,796 $ 3,129,028 20 Fair Expo Center Schedule of Financial Operating Data Operating Revenues Year to Date July 1, 2018 FY 2018 through February 28, 2019 FY 2019 455,732 (67% of the year) 52% Actual Actual % of Budget Storage 81,588 Budget I Projected I Variance Operating Revenues Events Revenues $ 455,732 311,908 52% 602,000 $ 654,543 $ 52,543 Storage 81,588 35,730 53% 68,000 88,000 20,000 Camping at F & E 15,325 2,700 15% 18,200 19,100 900 Horse Stall Rental 23,541 39,299 103% 38,000 56,999 18,999 Food & Beverage; Activities, net 67,964 27,231 17% a) ' 164,204 1$3;231 19,027 '. Annual County Fair (net) 287,452 400,000 85% b) 472,998 400,000 (72,998) Interfund Contract 30,000 21,333 71% c) 30,000 32,000 2,000 Miscellaneous 4,822 5,544 66% 8,400 8,344 (56) Total Operating Revenues 966,424 843,744 60% 1,401,802 1,442,216 40,414 Operating Expenditures, net of TRT: General F & E Activities Personnel Services 1,028,508 846,258 73% e) 1,161,582 1,233,452 (71,870) Materials and Services 978,354 543,612 65% f) 833,771 856,277 (22,506) Total Operating Exp, net of TRT 2,006,862 1,389,871 70% 1,995,353 2,089,729 (94,376) Other: Park Acq/Dev (Fund 130) 30,000 15,000 50% 30,000 30,000 - Rights & Signage 111,499 92,750 88% 105,000 118,350 13,350 Interest 486 176 -7% 2,400 (176) (2,576) Total Other 141,985 107,574 78% 137,400 148,174 10,774 Results of Operations (898,453) (438,553) (456,151) (499,339) (43,188) Transfers In / Out Transfer In -General Fund 200,000 133,333 67% 200,000 200,000 - Transfers In - TRT -1 % 533,514 246,126 50% d) 492,252 492,252 - Transfer In -Room Tax - (Fund 160) 25,744 17,163 67% 25,744 25,744 - Total Transfers In 759,258 396,622 717,996 717,996 - Non -Operating Rev & Exp Debt Service 101,824 56,103 55% 101,136 101,136 Total Non -Operating Expenditures 101,824 56,103 55% 101,136 101,136 - Change in Fund Balance (241,020) (98,034) 160,709 117,521 (43,188) Beginning Fund Balance 180,735 60,285 N/A (60,285) (60,285) Ending Fund Balance 60,285 158,318 g) $ 160,709 $ 57,236 $ (103,473) a) See "Food & Beverage Activities Schedule" b) Revenues and Expenses for the annual County Fair are recorded in a separate fund and the available net income is transferred to the Fair & Expo Center Fund c) Reimbursement from RV Park for personnel expenditures recorded in F&E d) FY 2018 includes $100,000 originally planned to be received in FY 2019 e) Retirement payout of vacation for director during February (908 hours -- $85k; includes benefits) f) Additional costs in association with higher events revenue. g) Amounts will differ slightly from the Summary by Department due to adjustments on inventory. 21 o C) O o O O o 0 o O O o mo m v p� O O O N 00 O O Cl) 00 O 00 OI O -O O ' O O Cf O O O O a; 0 0 O N Ln rl N O N 00 00 01 0 M O N N N t0 00 D) M N le m 0 m r N h N N r r N N to T r IL to N V M N OD a N N 0 co o V I` Ta (D N 00 r O N M N t0 to 0 LO LA N 0 to to OD 00 N M r OD T N t0 0 N O V ars M :3M N O VN OD Lo T n 0 M r M Ln to r to m LO r- 0 O O M S co (O N N 00 00 N r 0 O N m N } to d4 O OW N a h M N 00 o V 00 N to N w N n O N O (D W) 00 O LL) r V r-O1 V N N m Lt O N (n N r V OD Lt) O uj [t N at r V N r O 01 N t` 00 r aT r N w N r M N N M N r tf N U- tq to O 0 0M o M (D I` N o M wLo Lo O N Z. 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T co C M r to LL Cl) M Lo V e r- Lo (D we O O Lo (D T N M LO LO V M M O V T O 00 00 LO 0 N 1` N O (O W to OD P-� OD r OI (D ' (O I N N M a0 M M N r �7 V co c'- r N T r 40Q N 00 M 0 a 00 O NO o Lo r N N n N V Lt) le O h O M H) Lt) N 00 r r G tD d_ O1 r ih M T 't ' ' (O M 01 r A O to M r Lo 00 N Cl) N cq to M M N T r to �p OI M tDao r a V 0 N w o N N LL) V co '7 O M O N CO M 0 V to O M 00 (D d' to U r CLQ O Lo r m N0 0 N O N �- c T Oi Q v Lo r- m v 0)(D r: v 00 o w 00 am w L: M co N N M N N CO T N O N N V T (o LL to �+ 0) N cm m C ID U m m N N Q oS a y a m c o a 00 m to v ->v a a c > � LL W o o a 0) 16 a w to LL 0 c A.)- o c w m o - m En 3C v� �O o �a.` ac y o xo c U U O m d W mo ++ •� U toN N 9 N O E d dL1J 0 m 0 N +_- p O `m w1 o O r0L) Xao O oc O !- C7 C7 O H W H C - 22 Revenues RV Park Fees < 31 Days RV Park Fees > 30 Days Washer / Dryer Vending Machines Room Tax Collection Fee Good Sam Discounts Good Sam Membership Fee Cancellation Fees Total Revenues Expenditures Materials & Services Total Expenditures Net from Operations Other Resources/Expenditures Interest on Investments Transfers In - Park Fund (130) TRT Grant Debt Service Net Other Change in Fund Balance Beginning Fund Balance Ending Fund Balance RV Park (Fund 618) Statement of Financial Operating Data $ 409,658 11,900 4,456 1,561 2,205 8,936 438,716 $ 276,434 6,525 3,040 1,270 1,470 (5,880) 1,275 289,771 81% a) 131% 87% 85% N/A N/A N/A 141% 82% FY 2019 Bud et Projection $ Variance $ 340,200 Year to Date July 1, 110,300 2018 through FY 2018 February 28, 2019 3,500 (67% of the year) 1,400 1,500 of Actual Actual I Budget] $ 409,658 11,900 4,456 1,561 2,205 8,936 438,716 $ 276,434 6,525 3,040 1,270 1,470 (5,880) 1,275 289,771 81% a) 131% 87% 85% N/A N/A N/A 141% 82% FY 2019 Bud et Projection $ Variance $ 340,200 450,500 110,300 5,000 6,000 1,000 3,500 4,900 1,400 1,500 2,000 500 - 2,300 2,300 - (9,500) (9,500) - 1,275 1,275 4,000 9,100 5,100 354,200 466,575 112,375 266,328 177,255 59% 298,870 298,870 - 266,328 177,255 59% 298,870 298,870 - 172,388 112,517 55,330 167,705 112,375 6,094 7,738 176% 4,400 13,265 8,865 160,000 160,000 100% 160,000 160,000 - 35,088 - N/A - - - 222,136 161,733 72% (223,101) (223,101) - 20,954 6,006 (58,701) (49,836) 8,865 151,434 118,522 (3,371) 117,869 121,240 292,046 443,480 139% 319,000 443,480 124,480 443,480 $ 562,002 $ 315,629 $ 561,349 $ 245,720 a) 8,085 RV spaces, 31 % utilization YTD. 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O u o 7 O Cn OWW O_ N i -J > .� N b4 �: 45 O O c o u V) JJ N d -J L- 0 M r i= F7fo Yir u LU z O c z, ,, o cd -v -� �� 4-d � c o ?. .... i�� 4 -JL td N O o _ a p Cda .., O 0C) C)O O C O 41 E 00 � F--- ro, W 00 LL U as CL vi ro, ZK - ol - - �- :: C u C4 a a u r W CL OJO arm W V) L4 V 0 �1-21 7�3 u I 4J 0 Y s3mdn 3ao:) s,o:)o3 >.o 0<, :k t�V S7, \3-� ES CSG o� 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 BOCC Monday Meeting of March 18, 2019 DATE: March 14, 2019 FROM: Trygve Bolken, Human Resources, 541-317-3154 TITLE OF AGENDA ITEM: 2019 Personal Health Assessment (PHA) Proposal RECOMMENDATION & ACTION REQUESTED: Staff recommends approval of the 2019 PHA proposal. PHA program window from April - September. Offer incentives: . Award a one-time financial incentive to eligible participants in November 2019. • Offer an incentive to be given out at the time of completion of the PHA. Improve overall PHA process and participant experience. • Continue use of Cardiocheck Plus Analyzer (a finger -stick lipid/glucose machine). • Allow blood draw results from approved provider to be used in place of Cardiocheck. • Offer on-site sessions at select locations for assessments. Benefit: Outreach to outlining areas and convenience for employees. • Combine on-line questionnaire with follow up office visit. Benefit: Reduce additional steps and discuss results in a timely manner. FISCAL IMPLICATIONS: If there are no fiscal implications, indicate "none". If any amount of money is changing hands, there are fiscal implications. Be sure to indicate whether the revenue or expenditure has been budgeted ATTENDANCE: Trygve Bolken and Kathleen Hinman • Interoffice memorandum Date: March 18, 2019 To: Board of County Commissioners From: Kathleen Hinman, HR Director Delivered via email and in -box. Re: 2019 Personal Health Risk Assessment Proposal The attached proposal provides an overview of the 2018 Personal Health Risk Assessment (PHA) program as well as details on the proposal for the 2019 PHA. This topic is scheduled at today's Monday meeting session and will be co -presented by HR Analyst Trygve Bolken. 1300 NW Wall Street, Suite 201 Bend, Oregon 97703 (541) 388-6553 1 hr@deschutes.org www.deschutes.org uj �� Tam XL - wi - ® G r c Col Co 4-I a® CD Cqca i Col W cc Cc LO Q ® eQ ° CL C) E 63 C M ® E cL E cts m 6� C CD CD cc °® A 10 C ®® Col ¥ S � X" -n / 0 I w L 0 0 0 0 cn C) (.0 0 ^° $ F° all 71 ® . 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A more detailed Staff Memo discussing the issues raised in the Notice of Appeal will be provided prior to the public hearing and will be attached to the public hearing agenda. STAFF MEMO Date: March11, 2019 To: Board of County Commissioners From: Jacob Ripper, Senior Planner Re: Appeal of an Administrative Determination for Marijuana Production and Processing at 25450 Walker Road. I. Background The Board of County Commissioners (Board) conducted a work session on February 13 to consider hearing a potential appeal of an administrative decision (File Nos. 247 -18 -000504 -AD, 505 -AD, 506 - SP) approving a marijuana production and processing application. The Board signed Order 2019- 004, stating that the Board would serve as the Hearings Body in the case that a timely appeal was filed. On February 19 a timely appeal was filed by Rowan Hollitz (File No. 247-19-000178-A). A public hearing date has been set for March 20 at 10:00 and both mailed notice and published notice has been provided. The Board will conduct a work session meeting on March 18 at 1:00 PM. The purpose of this meeting is to discuss a few administrative and procedural topics, as well as provide the Commissioners with an opportunity to review the Notice of Appeal materials prior to the public hearing. A more detailed Staff Memo discussing the issues raised in the Notice of Appeal will be provided prior to the public hearing and will be attached to the public hearing agenda. A binder has also been prepared with copies of all the record materials, which will be available to the Board on or before March 18. II. Time Limits for Testimony The Board may set reasonable time limits on oral testimony at public hearings, pursuant to DCC 22.24.070. If the Board wishes to set time limits for testimony, staff will inform the applicant and appellant and make an announcement at the beginning of the hearing. In the past, the Board has limited testimony to 20-30 minutes for both the applicant's and appellant's opening statements (including any parties representing them) and approximately three (3) minutes for all other parties. 1 17 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Lox 6005, Bend, OR 97708-6005 Q, (5/11) 388-6575 @ cdd@desdu.rtes .org @\A/ww.d1eschu(es.org/cd' Depending on the number of items on the meeting agenda, the Board may also wish to establish a set time to break for lunch. III. Site Visits If the Commissioners would like to conduct individual site visits, these would need to be conducted prior to closing the record for submission of new materials and with adequate time to capture site visit observations. IV. Timeline The application was deemed complete on November 15, 2018, making the 150th day on which the County must take final action on this application April 14, 2019. However, the applicant requested a 14 -day extension after the appeal was filed in order to place the application on "hold" and delay notice of the public hearing. County offices were then closed on February 25 due to extreme weather and staff was initially unable to schedule or notice a hearing. The applicant then provided a 28 -day extension in order to accommodate a potential delay in hearing notices being sent. The two extensions result in a final action date, meaning a decision must be signed and mailed, by May 26, 2019. The following is a draft schedule for possible Board meetings. It provides adequate time between meetings for staff to prepare materials to be included in the agendas at least one week prior to the meeting date: Meeting 3: Public Hearing Wed., March 20 Possible 21 -day open record period ends Wed., April 10 Meeting 4: Deliberations Wed., April 24 Decision outline delivered to the Board for review and comment Fri., April 26 Meeting 5: Draft decision work session Mon., May 13 Revisions sent to Board for final review Wed., May 15 Meeting 6: Adopt the final decision Wed., May 22 Signed decision mailed Thurs., May 23 V. Record The record, in its entirety at the time, was presented to the Board as attachments to the February 6 Staff Memorandum regarding the potential appeal. Only those record items that have not been presented to the Board previously are attached to this memo. A binder containing copies of all materials in the record has also been prepared for the Board. It will be located in the Board offices so that it is accessible at any time and the Board may reference it at any business meeting or work session. Staff will periodically update the binder with new materials. New record materials as of March 11 are attached to this memo. 247-19-000178-A (247 -18 -000504 -AD, 505 -AD, 506 -SP) Page 2 of 3 Table of Contents: 1. 2019-02-26 Notice of Public Hearing 2. 2019-02-19 Notice of Appeal 3. 2019-02-19 Notice of Appeal - Exhibit A (Tax Map) 4. 2019-02-19 Notice of Appeal - Exhibit B (Engineer's Report for Waveseer) 5. 2019-02-19 Notice of Appeal - Unidentified Exhibit (F&D and NOD) 6. 2019-02-13 Order 2019-004 (signed) 247-19-000178-A (247 -18 -000504 -AD, 505 -AD, 506 -SP) Page 3 of 3 F 0Cr $y NOTICE OF PUBLIC HEARING Mailing Date: Tuesday, February 26, 2019 L WEMU I I Y D r VELOr OVEE IV R The Deschutes County Board of Commissioners will hold a public hearing on March 20, 2019, at 10:00 a.m. in the Deschutes County Board of Commissioners Hearing Room at 1300 NW Wall Street, Bend, to take testimony on the following item: FILE NUMBER: 247-19-000178-A APPLICANT/OWNER: Mark and Elizabeth Weisheit PROPOSAL: The Deschutes County Planning Division has approved an Administrative Determination to establish marijuana production, and an Administrative Determination and Site Plan Review to establish marijuana processing in the Exclusive Farm Use Zone. The approval has been appealed by Rowan Hollitz. LOCATION: The subject property has a situs address of 25450 Walker Road, Bend. It is identified on Deschutes County Assessor's Map No. 17-14-28, as tax lot 2902. STAFF CONTACT: Jacob Ripper, Senior Planner 541-385-1759 lacob.ripper@deschutes.org DOCUMENTS: Can be viewed and downloaded from: www.buildingpermits.oregon.gov and http://dial.deschutes.org STANDARDS AND APPLICABLE CRITERIA: Title 18, Deschutes County Zoning Ordinance Chapter 18.04, Title, Purpose, and Definitions Chapter 18.16, Exclusive Farm Use Zones (EFU) Chapter 18.116, Supplementary Provisions Chapter 18.124, Site Plan Review Title 22, Deschutes County Development Procedures Ordinance All documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost at the Deschutes County Community Development Department 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 IZ� (541) 388-6575 @ cdd9deschutes.org @ www.deschutes.org/cd (CDD) at 117 NW Lafayette Avenue. Seven (7) days prior to the public hearing, a copy of the staff report will be available for inspection at no cost at CDD. Copies of all documents, evidence and the staff report can be purchased at CDD for (25) cents a page. ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call the ADA Coordinator at (541) 617-4747. DOCUMENT SUBMISSION Any person may submit written comments on a proposed land use action. Documents may be submitted to our office in person, U.S. mail, or email. In Person We accept all printed documents. Email U.S. Mail Deschutes County Community Development Planning Division, Jacob Ripper P.O. Box 6005 Bend, OR 97708-6005 Email submittals must comply with the following guidelines: • Submission is 20 pages or less • Documents can be printed in black and white only • Documents can be printed on 8.5" x 11" paper Any email submittal which exceeds the guidelines provided above, must be submitted as a paper copy. Limitations • Deschutes County does not take responsibility for retrieving information from a website link or a personal cloud storage service. It is the submitter's responsibility to provide the specific 247-19-000178-A Page 2 of 3 information they wish to enter into the record. We will print the email which includes the link(s), however, we will not retrieve any information on behalf of the submitter. Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff availability and workload, there is often a delay between the submittal of a document to the record, and when it is scanned and uploaded to Accela Citizen Access (ACA) and Deschutes County Property Information (DIAL). For this reason, the official record is the file that resides in the Community Development office. The electronic record in ACA and DIAL is not a substitute for the official record. To ensure your submission is entered into the correct land use record, please specify the land use file number(s). For the open record period after a public hearing, electronic submittals are valid if received by the County's server by the deadline established for the land use action. IF YOU WISH TO BE NOTIFIED OF ANY DECISION RELATED TO THIS APPLICATION, YOU MUST PROVIDE A MAILING ADDRESS. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. 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Thank you, in advance, for your time regarding this matter. Please do not hesitate to contact me with any questions. Sincerely, Elizabeth A. Dickson Attorney for Appellant eadicksonpdicksonhatfield.com EAD/hoh Cc: client APPEAL APPLICATION - BOARD OF COUNTY COMMISSIONERS FEE:✓ EVERY NOTICE OF APPEAL SHALL INCLUDE: 1. A statement describing the specific reasons for the appeal. 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. 4. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be Included on the Notice of Appeal. Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal (DCC Section 22.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning those issues. Appellant's Name (print): &oalt- 1&ce Phone:( ) dq� Mailing Address: 1//- /1 6&616 Rel City/State/Zip: t&Ad, .34 �170 Land Use Application Being Appealed: 00.6Iietf Property Description: Town, ip /- Range Section s Tax Lot k?OZ Appellant's Signa--.- Date: 4 BY SIGNING THIS APPLICATION AND PAYING THE APPEAL FEE, THE APPELLANT UNDERSTANDS AND AGREES THAT DESCHUTES COUNTY IS COLLECTING A DEPOSIT FOR COSTS RELATED TO, PREPARING FOR, AND CONDUCTING A PUBLIC HEARING. THE APPELLANT WILL BE RESPONSIBLE FOR THE ACTUAL COSTS OF THE HEARING PROCESS. THE AMOUNT OF ANY REFUND OR ADDITIONAL PAYMENT WILL DEPEND UPON THE ACTUAL COSTS INCURRED BY THE COUNTY IN REVIEWING THE APPEAL. Except as provided in section 22.32.024, appellant shall provide a complete transcript of any hearing appealed, from recordings provided by the Planning Division upon request (there is a $5.00 fee for each recording copy). Appellant shall submit the transcript to the planning division no later than the close of the day five (5) days prior to the date set for the de novo hearing or, for on -the -record appeals, the date set for receipt of written records. 117 NW Lafayette Avenue, Bend, Oregon 97703 ( P.O. Box 6005, Bend, OR 97708-6005 V%(541)388-6575 @cdd@deschutes.org ®www.deschutes.org/cd NOTICE OF APPEAL e- e --e., (This page may be photocopied if additional space is needed.) BEFORE THE DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF APPEAL ACCOMPANYING NARRATIVE APPELLANT: Rowan Hollitz 62311 Dodds Rd. Bend, OR 97701 ATTORNEY: Elizabeth Dickson Dickson Hatfield, LLP 400 SW Bluff Dr., Suite 240 Bend, OR 97702 Attorney for Appellant eadicksonadicksonhatfield.com STAFF REVIEWER: Jacob Ripper, Senior Planner Deschutes County Community Development Dept. 117 NW Lafayette Ave Bend, OR 97703 REQUEST: Appellant requests a de novo Appeal of Deschutes County Administrative Determination, File No. 247 -18 -000504 -AD, 505 -AD, 506 -SP to Deschutes Board of County Commissioners on a de novo basis SUBJECT PROPERTY: Assessor's Map Designation Township 17S, Range 14E, Section 28, Tax Lot 2902, commonly referenced as 25450 Walker Road Bend, OR 97701 OWNER: Mark and Elizabeth Weisheit 25450 Walker Road Bend, OR 97701 APPLICANT: Mark Weisheit 501 Herondo St. #70 Hermosa Beach, CA 90254 AGENT: Greg Blackmore Blackmore Planning and Development Services, LLC 19454 Sunshine Way Bend, OR 97702 greg@blackmoreplanning.com HOLLITZ, ROWAN - NOTICE OF APPEAL 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 1 1 7 1. INTRODUCTION Applicant Mark Weisheit and property owners Mark and Elizabeth Weisheit (together "Applicant") have received conditional approval from staff to establish a marijuana production and processing facility on Tax Lot 2902 ("Subject Property"). This is a farm parcel in the Exclusive Farm Use / Alfalfa Subzone purchased by the Weisheits on January 29, 2018 according to the deed filed with the application. Applicant proposes to construct a 10,200 square foot building, designating 1,199 square feet for processing of marijuana on site. The Subject Property area is listed as 38.68 acres in the DIAL records. Applicant notes it is plated as 40.58 acres in gross. Staff has made significant interpretations of Deschutes County Code ("DCC" or "Code") criteria applicable to this proposal, without benefit of Board guidance as to the Board's explicit meaning or implicit intent regarding those provisions. Among these interpretations is the definition of a Youth Activity Center. A decision is pending in the Waveseer/Winsor application which has been made verbally by the Board but not issued in writing as of the date of this writing. When issued, it will likely clarify the Board's interpretation of the meaning of the term. A similar facility is located within 1000' of the Subject Property as noted by Staff and public testimony in the Record. Mr. Hollitz received notice of the application and decision, and also appeared below. See Item #20 in table of contents of Record. See Consolidated Tax Map, Exhibit A, for the close proximity of Mr. Hollitz' home to the Subject Property. Mr. Hollitz asks this Board to accept this Appeal and evaluate the substantial evidence we will provide to the Record, hearing this matter as a de novo proceeding. Staff's Decision calculates the 150th day of Statutory time limit to fall on April 14, 2019. There is reasonable time available for the Board to consider this important matter. I1. RELEVANT CRITERIA ON APPEAL Deschutes County Code: 18.16.025 EFU Special Provisions 18.116.330 Suppl. Provisions / Marijuana Production, Processing, and Retailing 18.124 Site Plan Review HOLLITZ, ROWAN - NOTICE OF APPEAL 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 2 17 III. APPLICATION FAILS TO SATISFY RELEVANT CRITERIA A. Proposed development has not satisfied processing requirements DCC 18.16.025. Uses Permitted Subject to the Special Provisions I. A facility for the processing of farm crops. ..if the facility is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility.... The Application does not adequately address this criterion. Applicant Weisheit does not say how much of the crop produced on site will be processed on site, or how much marijuana will be processed at all. Without these firm commitments, and a facility plan to substantiate those commitments, there is no reliable way to know if the'/ criterion may feasibly be met. Staff has offered a condition of approval to compel Applicant to comply. However, it is Applicant's burden to identify the relevant criteria and prove by evidence that Applicant satisfies those criteria. Applicant has not done so. Applicant has not met the burden required to process marijuana on site. In this case, such proof is particularly critical. Applicant has recently been associated by law enforcement investigation with illegal marijuana activities in La Pine. It is known to Deschutes County Sheriff's Office that these parties may attempt to conduct themselves outside the limits of the law. B. Proposed development is incompatible with an existing use. DCC 18.116.330 B.7.a.iv. specifies the separation distances which must be observed when siting a marijuana production facility near certain existing uses determined to be sensitive by this Board. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from ... iv. [a] youth activity center.... Staff notes on page 13 of the Decision that the applicant claims there are no uses requiring this separation distance, yet a neighbor within 1000' feet notes that a youth activity center does operate on their property, "Boundless Farmstead". This poses a problem for staff, where "youth activity center" is not a defined term in the DCC 18.04 definitions. Staff then proceeds to interpret the meaning of the term as restricted to only licensed, permitted, or otherwise lawfully established uses. Staff then proceeds to screen for permits issued for "licensed school or licensed childcare center" uses, and finding none, concludes there are no youth activity centers in the area. Senior Planner Ripper then cites to the High Desert Nectar decision, the Board's last written decision issued on the Youth Activity Center meaning. It is good practice to reference prior decisions as precedent where a pivotal term is ambiguous. The Board HOLLITZ, ROWAN - NOTICE OF APPEAL 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 3 17 has more recently decided that another marijuana grow application should be denied based on proximity to a similar use (See Waveseer/Winsor 24360 Dodds Rd, Bend, OR 97701, 247-18-000128-AD/447-LR/877-LL/899-A, decided by deliberation on January 30, 2019, written decision pending). This newer decision further refines the definition in question, and should be relied upon as more accurate guidance as to the Board's meaning of the term. "Boundless Farmstead" is located immediately to the west of the subject property (17- 14-28-2702) on a 20 acre farm parcel. See consolidated tax map, Exhibit A. Activities regularly involving youth in groups at the site are described by the Kellner -Rodes in Record below. Mr. Hollitz asks this Board to evaluate the facts and determine for itself whether this type of use is the type the Board intends to protect from marijuana nearby. C. Proposed Development's odor control requirement is not met. DCC 18.116.330 B.10. Odor.... a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference.... Applicant relies on activated carbon filtration to meet this stringent standard. The Board has approved such systems in the past. New information provided in the Waveseer/Winsor application is instructive here and properly causes further evaluation of carbon filtration as a technology to achieve reliable, continuous odor control. Roger Whitaker, P.E. for Applicant Waveseer, is a registered professional engineer, and held himself out as an expert in marijuana grow structure design. See Exhibit B, submittal of Engineer Whitaker, from Waveseer Odor Compliance Report. His report, headed "Exhibit 4" notes that carbon filtration is not a satisfactory method for odor control for the following reasons: • Carbon saturation, allowing odors to "flow right through" • Cost of ownership, and "down time" replacement requirements • Energy consumption, to solve pressure drop issues • Noise control challenges, caused by additional fans • Footprint, bulky and space consuming He documents what other marijuana grow applicants have been unwilling to state for the Record: Carbon Filtration is not a reliable method for odor control, where such control must be provided at all times according to county code. Applicants have skipped over factors like how to tell when a filter needs the carbon changed. We now know that there are no dials, lights, alarms, or gauges to tell an operator when carbon is saturated. The only way to tell is when the marijuana odor is escaping. This means that carbon filtration, by definition of the way it functions, cannot at a// times prevent the odor from escaping. Applicant's proposed system does not satisfy the odor control requirement of the Deschutes County Code. HOLLITZ, ROWAN - NOTICE OF APPEAL 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 4 17 D. Proposed Development's fire protection for processing is not met DCC 18.116.330 B.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. The newly formed Alfalfa Fire District provides fire protection services for the Walker Road area. This volunteer fire department, while working hard to get organized and fulfill the obligations of the department to the area it serves, is not known to be versed, practiced, or equipped to handle the notoriously volatile oils produced by this type of processing. No submittal affirming their readiness was provided in response to initial agency comment requests. However, Applicant's agent again requested a reply and the applicant did submit a will -serve letter, according to the Administrative Decision, page 32 of 40. Fire Chief Ron Thompson states, Currently the AFD has capability to respond to and mitigate incidents related to small marijuana facilities. In the future, as the number and size of the facilities increase we will need additional equipment/training to safely and effectively respond to these types of businesses. This statement clearly expresses the Alfalfa Fire Department's realistic assessment of both the increased risk and their limited capability to handle such risk. The "small marijuana facilities" statement was followed up by Applicant's agent, Greg Blackmore. No further explanation to the question was given. Staff notes that the "special odor control ventilation" will reduce sparks. This is insufficient assurance of fire protection for Mr. Hollitz, living corner -to -corner from the Weisheit property. It is therefore unknown whether this district is ready, willing, and able to handle such an emergency, should one arise. It is understandable why the Board included this requirement in the marijuana code. However, where a new, volunteer district is being relied upon to provide such protection, further review may be warranted. There is no assurance in this Record, or in any record reviewed by Appellant, that the Alfalfa Fire Department is ready to handle a fire of this type. E. The Proposed Development's power feasibility is not met. DCC 18.116.330 B.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. Power in the area is provided by CEC. The "will serve" letter provided by the Cooperative states that it is within the service area, and that CEC "will require system upgrades to facilities in the area." Such a statement does notsay that the existing service is sufficient, and it is willing and able to serve the location. ltsays thatitis not adequate, cannot serve the facility, and won't be able to do so unless and until HOLLITZ, ROWAN - NOTICE OF APPEAL 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 5 17 somebody pays to have the entire area system upgraded. This letter is not evidence to prove power will be supplied. It is not able to serve. Deschutes County's Code requires that an applicant demonstrate that it is feasible to find power is available to meet the needs of a proposed marijuana production and processing facility. In this case, Applicant has not met that burden. F. The Proposed Development's site plan review is not met. DCC 18.124. Site Plan Review The marijuana code requires site plan review for processing. This provision allows deeper examination of an application that would otherwise receive minimal review as just another farm use. In the Subject Application, Applicant has been vague about details. Staff has drawn his own conclusions about the proportions and activities intended for this Application. For example, at the top of page 31 in the staff Decision, staff concludes, Marijuana processing (processing of a farm crop) is considered an industrial use, however, the proposed processing represents a relatively small proportion of the total use at the site, which is dominated by the existing farm use and the proposed marijuana a production facility. Therefore, staff finds that the use of land is not primarily for the manufacture, processing, storage or wholesale distribution of products, goods or materials. The use is not considered a commercial use. Staff's interpretation of what Applicant intends to do inside the 10,200 square foot building is critical to what rules apply, and what rules must be satisfied to obtain land use approval. Is Applicant willing to commit that it will make no sales from the site? Without such commitment, DCC 18.04.030 "Commercial use" could apply, as well as significantly more stringent requirements to be met. Review of staff's decision, and the significant number of criteria disregarded for this purpose, illustrates this point better than statements made by Appellant Hollitz. IV. CONCLUSION Rowan Hollitz lives southeast of the Weisheit property. He and his many neighbors have opposed the proposal. The significant and vocal opposition is reflected in staff's presentation to the Board that they take this matter on appeal, noting the significant controversy it has created in the Walker Road area. This opposition is warranted. A. Proposed development has not satisfied processing requirements. B. Proposed development is incompatible with an existing use. C. Proposed Development's odor control requirement is not met. D. Proposed Development's fire protection for processing is not met. E. The Proposed Development's power feasibility is not met. F. The Proposed Development's site plan review is not met. HOLLITZ, ROWAN - NOTICE OF APPEAL 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 6 17 Staff has made significant interpretations of Deschutes County Code criteria applicable to this proposal, without benefit of Board guidance as to the Board's explicit meaning or implicit intent regarding those provisions. As a result, the approved application does not satisfy the Code. The submitted application does not meet code requirements or larger public policy needs of our community. Appellant Rowan Hollitz asks this Board to accept this appeal, hear the evidence de novo on the record, and after due consideration, deny the subject application. Sincerely, Elizabeth A. Dickson Attorney for Appellant Rowan Hollitz Exhibits: A - Consolidated Tax Map (sections 28 and 33) B - Excerpts from Noise & Odor Technical Report of Roger Whitaker, P.E. HOLLITZ, ROWAN - NOTICE OF APPEAL 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 717 Elizabeth A. Dickson Attorney for Appellant Rowan Hollitz Exhibits: A - Consolidated Tax Map (sections 28 and 33) B - Excerpts from Noise & Odor Technical Report of Roger Whitaker, P.E. HOLLITZ, ROWAN - NOTICE OF APPEAL 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 717 400 SW Bluff Drive, Suite 240 Bend, OR 97702 541-585-2224 February 14, 2019 Sent Via Email Only: rhollitzP mail.com ROWAN HOLLITZ Re: Letter of Authorization Deschutes County: I hereby authorize Liz Dicksot of Dickson Hatfield LLP, to act on my behalf regarding all land use matters before Deschutes County to which the undersigned is a party. Sincet ROWAN HOLLIT "to,Mt" SECTION 28 T.17S. R.14E. W.M. 17 14 28 INlemu DESCHUTES COUNTY t� f Vii• �) >� � �. '. �H, r 1 � Ir ; � as � � � w �._ • to �w �t �k ... • r f I 3 t M a .- ol�I��"'r4n��. 'p nNK „. NM 2-45 xI i3 - F w YX AVI-/%–Z— 3E r 0 % 2-45 • ��f 1`t HIIK �� Ott �I NM B -4 77 f 1 ; I � � J rf 1 1 s 4 M}tNN ° 3 j: i{. 1. ttt Y �y;✓ s,ii F ej . �,pr< t, 1" t � +� � t .. � . ..{. .1,� !,y}7t�. 11 r .i�i; ?`... ��) v3 .•)'t_;. i Y! 1. �t'�' # 1 t t 17 14 33 EXHIBIT 4 �,�u PRopi s G�'i�`v�_ OREGON l Noise & Odor Technical Report ��G sH 10. .P, TO: Deschutes County Community Development Department FROM: Roger Whitaker, P.E. EXPIRES. PROJECT: Waveseer Dodds Road Indoor Grow DATE: July 31, 2018 Summary This report documents the proposed odor control system and noise level estimates for the proposed indoor grow facility. In my professional opinion, the proposed odor control system meets the requirements of Deschutes County Code (DCC) 18.116.330(B)(10) and will serve as an effective odor control system which will at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. In addition, the noise generated by the proposed mechanical equipment will meet the noise criteria of DCC 18.116.330(B)(11) and will not exceed 30 dBA as measured from any adjacent property line. Introduction The purpose of this report is to assess whether the proposed Waveseer Cannabis Grow operation located at 24350/24360 SE Dodds Road, Bend Oregon 97701 would comply with the odor and noise requirements of DCC 18.116.330(B)(10) and 18.116.330(B)(11). For ease of reference, the relevant sections of the DDC Chapter 18.116 are reprinted here: 10. Odor. As used in DCC 18.116.330(8)(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: 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. Page 1 EXHIBIT 16 / OF 1' EXHIBIT 4 e. The 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. Odor Control System The odors emitted by cannabis plants are primarily in the form of Volatile Organic Compounds (VOCs). Fragrant terpenes are what give the cannabis plant (and many others) their distinctive smells, thus the need to remove these odors prior to exhausting air from the facility. Several technologies were evaluated for this project. While carbon filtration is likely the most widely known odor control method for grow facilities in Deschutes, Waveseer decided to pursue an alternative technology for this project for the following reasons: • Carbon saturation. In the indoor grow house market, the exhausted air is full of moisture and this moisture will be absorbed into the carbon internal structure, rendering it useless (odors will flow right through). • Cost of ownership. Carbon, by definition, must be replaced or reactivated from time to time (depending on level of contamination). This can become expensive and create "down time" where odors will build up and escape the internal envelope. • Energy consumption. When using carbon systems (and depending on type of unit being used), excessive pressure drop across the carbon filters can develop that must be compensated for by higher fan speeds. This is further exacerbated by the need for particulate filtration (pre and final filters) that, over time, will continue to increase in additional pressure drop. Solving the pressure drop related issue can translate into excessive energy consumption and higher noise levels. • Noise control challenges. Carbon systems require additional fans and exhaust points which can increase exterior noise. • Footprint. Carbon systems can be bulky and take up space either on the roof or adjacent to the building. Odor Control for 36,000 SF Indoor Structure For the indoor grow operations, Waveseer has selected to use ionization, a proven technology in the most demanding applications, such as wastewater treatment, food processing, casino, athletic, and transportation. The proposed ionization system is manufactured by Aerisa. Aerisa ionization technology for commercial applications is based on ions produced by an ion Page 2 EXHIBIT OF FILE NUMBERS: APPLICANT/OWNER: FINDINGS & DECISION 247 -18 -000504 -AD, 505 -AD, 506 -SP Mark and Elizabeth Weisheit Mailing Date: Tuesday, February 05, 2019 COMMUNITY DEVELOPMENT PROPOSAL: The applicant requests approval of an Administrative Determination to establish marijuana production, and an Administrative Determination and Site Plan Review to establish marijuana processing in the Exclusive Farm Use Zone. The proposal includes a 10,200 square foot building to be used primarily for production, with 1,199 square feet used for processing. STAFF CONTACT: Jacob Ripper, Senior Planner I. APPLICABLE CRITERIA Deschutes County Code (DCC): Title 18, Deschutes County Zoning Ordinance Chapter 18.04, Title, Purpose, and Definitions Chapter 18.16, Exclusive Farm Use Zones (EFU) Chapter 18.116, Supplementary Provisions Chapter 18.124, Site Plan Review Title 22, Deschutes County Development Procedures Ordinance Oregon Revised Statutes (ORS) Section 215.427, Final action on permit or zone change application II. BASIC FINDINGS Location: The subject property has a situs address of 25450 Walker Road, Bend. It is identified on Deschutes County Assessor's Map No. 17-14-28, as tax lot 2902. Lot of Record: The property is a legal lot of record because it is Parcel 2 of the Minor Land Partition MP -88-25 (County Survey #03342). 117 NW Lafayette Avenue, Bend, Oregon 97703 ( f .O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 cdr@Ddescl'iutes.org www.deseutes,orglcd Zoning: The property is zoned Exclusive Farm Use (EFU). The property is designated Agriculture on the Deschutes County Comprehensive Plan. Proposal: The applicant requests approval of an Administrative Determination to establish marijuana production, and an Administrative Determination and Site Plan Review to establish marijuana processing in the Exclusive Farm Use Zone. The proposal includes a 10,200 square foot building to be used primarily for production, with 1,199 square feet used for processing. Site Description: The subject property is approximately 40.58 gross acres in size', rectangular in shape, fronts on Walker Road to the south, and is developed with small farm buildings and a small irrigation pond. The topography of the site is relatively and mostly cleared of vegetation. The applicant states the property has historically been irrigated and used for farm use. The proposed building site is located in the central portion of the property. An irrigation canal runs along the western portion of the.property. The property has approximately 15 acres of irrigation rights which cover approximately the northern half of the property. Access is from Walker Road. Public Agency Comments: The Planning Division mailed a Notice of Application on June 27, 2018, and received comments from the following agencies: Central Electric Cooperative (CEC): On July 9, 2018, Lands Specialist Parneli Perkins responded: CEC requests the applicants apply for a new electrical service by calling Bob Fowler at 541-312-7778 and provide the electrical load and demand requirements for this activity's [sic]. CEC will determine if capacity is available. In response to the above comment from CEC, the applicant provided an updated will -serve letter from CEC, dated January 17, 2019: In response to your inquiry, please be advised that property located in T.175, R.14E., W.M., Section 28,Tax Lot 2902, Deschutes County, Oregon, is within the service area of Central Electric Cooperative, Inc. Central Electric Cooperative has reviewed the provided load information (New 2500 amp three phase 480 volt service) associated with the submitted Cannabis Grow and Processing Facility and has determined that this service will require system upgrades to our facilities In the area. Central Electric Cooperative is willing and able to serve this location in accordance with the rates and policies of Central Electric Cooperative. ' DCC 18.04.030: "Lot area" means the total horizontal area contained within the lot lines. Said area shall be computed as gross area for lots larger than 2.5 acres and net area for lots 2.5 acres and smaller. The total horizontal net area within lot lines of a lot is that square footage of a lot that is free from roads, streets, rights of way or easements of access to other property. Provided, however, that the Planning Director or Hearings Body shall include in gross lot areas all streets, roads, and easement of access to other property that would accrue to that lot if the road, street or easement were vacated, and shall treat the gross area of lots that have never been previously described of record as other than fractions of a section as if the section contained 640 acres, in cases where a lot is sought to be partitioned. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 2 of 40 Central Oregon Irrigation District (COID): On July 3, 2018, GIS/Operations Technician Daniel Downing responded: COID FACILITIES: The subject's property has the H lateral that runs through it. o It has a canal right of way of 60' along with a 10' canal road on the east side of the canal 0 Be cautious of a private irrigation line that runs along the southern portion of the property. No crossings of a COID facility are allowed without first obtaining a crossing license o Please contact COID with a utility crossing plan if this action is desired. o All installation of crossings will be approved and coordinated with COID during the offseason period. No permanent structures are allowed within COID's right of way or easement COID WATER RIGHTS: Subject's property has 15.0 acres of Mapped COID water rights o Placing structures or driveways on a mapped water right will require future action to protect the beneficial use of that area affected. o COID request the owner of the property call COID when buildings and driveways are completed to process either a transfer of water rights, or instreaming of them. o COID requests a site plan o Please contact CDID concerning future use of the water rights. COID GUIDELINE STATEMENT • Review the following COID response to Community Development Notice for Proposed Marijuana Production: Central Oregon Irrigation District (COIR) serves this property with 15.0 acres of irrigation water during the irrigation season of April 1st through October 31st at a rate of up to 6 gallons per minute per acre. This water cannot be used for irrigation during the winter months. An additional source (not COLD) of water is necessary to irrigate between November 1st and March 31st. If the recreational marijuana production facility is a greenhouse or other structure proposed to be built on top of the COID water right, land -user must allow COID annual access to the structure to document beneficial use of the water right. Structures on top of a water right for any purpose other than growing plants is not allowed. • Applicant should contact COID to determine status of water rights prior to construction of production facility. • Plot Plan is required to assist COID in determining if the proposed structure will be located on the water right or if a water transfer application is needed to transfer water to it. Staff Comment: COID attached a map of the property depicting the locations of the canal and water rights. This map is included in the record for this application. Based on the map provided by CIOD and the applicant's site plan, it does not appear the proposed structure will be located within a mapped water right area. Deschutes County Building Division: On January 28, 2019, Building Official Randy Scheid responded: 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 3 of 40 NOTICE. The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly,.all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Deschutes County Planning Division: On July 27, 2018, Senior Transportation Planner Peter Russell responded: I have reviewed the transmittal materials for 247-18-000504AD/505 AD/506-SP for a marijuana production (growing) and processing operation in the Exclusive Farm Use (EFU) at 25450 Walker Road, aka 17-14 28, Tax Lot 2902. Deschutes County Code (DCC) at 18.116.330(8)(8) only requires proof of legal direct access to the property or access from a private easement for a grow of more than 5,000 square feet of mature canopy. The proposal states it is for 10,000 square feet of production and therefore the access requirement does apply. The traffic study requirements of DCC 18.116.310 are applicable for a marijuana production application as a site plan is required for this application. As the Institute of Traffic Engineers (ITE) Trip Generation Manual does not have land use categories specific to marijuana production or processing, the County as a matter of Board policy uses Warehouse (Land Use 150) for production and Manufacturing (LU 140) for processing. Warehouse generates 3.56 trips per 1,000 square feet. Thus the marijuana production will generate 36.3 weekday trips (10.2 X 3.56). Man ufacturing generates 3.82 weekday trips per 1,000 square feet. Thus marijuana processing will generate 4.5 weekday trips (1.19 X 3.82). The total weekday trips for production and processing is 40.8 (36.3 + 4.5). DCC 18.118.310(C) only requires traffic analysis if there are more than 50 weekday trips. The proposed use does not meet the minimum levels for further traffic analysis. (As the application was submitted June 20, and the County's SDC rate changes July 1, staff has used the 9th edition of the ITE Trip Generation manual for comments, rather than the 10th, to ensure consistency for traffic analysis and transportation system development charges (SDCs)). The applicant needs to provide a copy of their driveway permit to access Walker Road or make obtaining a driveway permit from the County a condition of approval to comply with DCC 17.48.2IO(A). Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. As stated above, the ITE manual does not contain a categoryfor 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. As discussed above, the applicant's materials indicates a building of 10,200 square feet for production and 1,119 square feet for processing. County SDCs are based on the total structural square footage related to cannabis production and support and not the square footage of the mature canopy. Thus the site would generate would generate 3.3 p.m. peak hour trips for production (10.2 X 0.32) and 0.87 trips for processing (1.19 X 0.73) for a total of 4.17 p. m. peak hour trips (3.3 + 0.87). The resulting SDC is $16,417 (4.17 X $3,937). The SDC is due prior to issuance of certificate of occupancy, if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 4 of 40 On January 28, 2019, the Senior Transportation Planner included supplementary comments which somewhat adjust the calculations above: l have looked at the drawing labeled A1, which indicates 10,200 square feet. / then subtracted the 1,199 square feet from processing and assigned the remainder to growing for the updated comments below, which slightly reduces the SDC. Expected new weekday trips are based on the 9th edition of the ITE manual as that was in effect at the time of application. For an MJ grow, the County uses Warehouse, which produces 3.56 daily trips per 1,000 square feet for a total of 32.4 weekday trips (3.56 X 9.1). For processing, we use Manufacturing, which produces 3.82 weekday trips per 1,000 square feet for a total of 4.5 weekday trips (3.82 X 1.199). Together, the two produce 36.9 weekday trips (32.4 + 4.5). As production triggers site plan review criteria, DCC 18.116.310 comes into play. However, as the 40.8 weekday trips falls below the 50 new weekday trips threshold of DCC 18.116.310.0, no further traffic analysis is required. Similarly, the p.m. peak hour trip rate is 0.32 p.m. peak hour trips for Warehouse, which comes out to 2.9 p.m. peak hour trips (0.32 X 9.1) for production. For processing, Manufacturing produces 0.73 p.m. peak hour trips (0.73 X 1.199) for a total of 0.87 p.m. peak hour trips. The two uses total 3.77 p.m. peak hour trips (2.9 + 0.87). The SDC in effect at the time was $3,937 per p.m. peak hour trip for a total of $14,842 (3.77X$3,937). Both uses occur inside the same building. Oregon Department of State Lands (DSL): On July 30, 2018, DSL sent a WLUN response signed by Jurisdiction Coordinator Lauren Brown, stating: Mapped wetland/waterway features: N The national wetlands inventory shows a wetland on the property. Oregon Removal -Fill requirement (s): [x] A state permit is required for 50 cubic yards or more of removal and/or fill in wetlands, below ordinary high water of streams, within other waters of the state, or below highest measured tide where applicable. Your activity. [x] A state permit will not be required for the proposed project because based on the submitted site plan the project appears to avoid impacts to jurisdictional wetlands and waters. Contacts: [x] This is a preliminaryjurisdictional determination and is advisory only. Comments: Please call Lauren Brown at 503-986-5218 if you have any questions. The following agencies either had no comment or did not respond to the notice: Alfalfa Fire District, Deschutes County Environmental Soils Division, Oregon Liquor Control Commission, and Oregon Water Resources' Waterm aster - District 11. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 5 of 40 Public Comments: The Planning Division mailed a written notice of this application to all property owners within 750 feet of the subject property on June 27, 2018. In addition, the applicant submitted a Land Use Action Sign Affidavit indicating a proposed land use action sign was posted on the property on july 7, 2018. Staff received 17 letters from 13 individuals in opposition to the application of the date of this decision. The concerns identified in those letters are: 1. Odor, noise, and lighting control 2. Water source 3. Relation to the natural environment and existing development 4. Proximity to multiple activities including a self -described Youth Activity Center 5. Concerns regarding compliance with a land use decision 6. Fencing design, visual impact 7. Traffic on Walker Road 8. Increase in EFU property values (as a negative impact on farmers) 9. More suited for industrial zone than farm use zone 10. Wells that need to or have been deepened, in the general area 11. Rural/agricultural character of the area 12. Out of state address for the owners 13. Overproduction statewide 14. OLCC placing a hold on new licensee applications 15. Too close to other farm uses 16. Proximity to BLM trailhead and public lands 17. Too many marijuana grows in Alfalfa 18. Not a traditional farm crop (grown indoors, artificial light, etc.) 19. Global warming and drought 20. Economic competition with other farms/farm crops 21. Other marijuana production sites being abandoned 22. Put subject application on hold until new rules become effective 23. Deny all marijuana production and processing applications in the EFU Zone STAFF COMMENT: The Deschutes County Code (DCC) Title 18 would only allow the Planning Division staff (and any other subsequent hearings body) to approve or deny this application based on the criteria listed in Section I "Applicable Criteria" above. The sections of the DCC pertaining to marijuana production and processing do not include approval criteria related to the issue areas listed in items 8-23 above. For this reason, staff does not address those issues in this decision. Applicable criteria which were addressed by comments are listed and reviewed in the findings of Section III "Findings & Conclusions" below, along with all other applicable criteria of the DCC Title 18. In regards to the comments received regarding a moratorium and changing the DCC, the applicant has requested approval of marijuana production in the Exclusive Farm Use Zone, which is a use permitted outright by DCC 18.16.020(S), subject to the provisions of DCC 18.116.330. The Board of County Commissioners (Board) constitute the legislative branch of Deschutes County government and enact applicable laws 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 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 6 of 40 propriety of the Commissioners' decision to adopt ordinances that allow and regulate marijuana production facilities in the EFU zone as an outright permitted use. Staff notes that the Board completed text amendments to the DCC that change certain marijuana- realted requirements in the County, which became effective on November 23, 2018. Staff also notes the "goal -post rule" of ORS 215.427(3)(a)2 prevents local governments from changing the criteria that apply to permit applications after the application has been filed. This application is therefore reviewed based on the DCC in effect at the time of application. Review Period: This application was submitted on June 22, 2018. It was deemed incomplete on July 20, 2018. After the applicant submitted additional information, the application was accepted and deemed complete on November 15, 2018. The 150th day on which the County must take final action on this application is April 14, 2019. 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 July 7, 2018, which indicates that the applicant posted notice of the land use action on July 7, 2018. 111111. FINDINGS & CONCLUSIONS Chapter 18.16, Exclusive Farm Use Zones Section 18 16.020. Uses Permitted Outright.. The following uses and their accessory uses are permitted outright.- S. utright. S. Marijuana production, subject to the provisions of DCC 1&196.330. FINDING: The proposed marijuana production facility is permitted outright in the EFU zone, subject to the provisions of DCC 18.116.330, which are reviewed below. Section 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18 16 038 or DCC Section 1816 042 and a Review Under DCC Chapter 18.124 where applicable. L A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141, if the facility is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038. 2 ORS 215.427(3)(a): If the application was complete when first submitted or the applicant submits additional information, as described in subsection (2) of this section, within 180 days of the date the application was first submitted and the county has a comprehensive plan and land use regulations acknowledged under ORS 197.251, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 7 of 40 FINDING: The applicant has proposed a facility for the processing of marijuana as a farm crop. As a condition of approval, the applicant shall assure that at least one-quarter of the farm crops processed at the facility in any calendar year, measured by weight, are produced at the farm operation on the subject property. In addition, the applicant shall provide to the Planning Division written documentation of compliance with the requirement in paragraph DCC 18.16.025(1) by submitting processed crop summaries to the Planning Division on request, and no less frequently than on an annual basis by February 1 of each year. The following condition of approval has been added to ensure compliance. Staff notes this condition includes requirements from DCC 18.116.330, which are reviewed below. 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. d. In addition to the above, the applicant shall submit evidence that at least one-quarter of the farm crops processed at the facility in the calendar year, measured by weight, are produced at the farm operation on the subject property. 1. if a building is established or used for the processing facility or establishment, the farm operator may not devote more than 10,000 square feet of floor area to the processing facility or establishment, exclusive of the floor area designated for preparation, storage or other farm use. FINDING: The applicant proposes a 10,200 square foot building to be used for both production and processing. The floor area dedicated to processing is 1,199 square feet, well below the maximum allowed. This criterion will be met. 2. A processing facility or establishment must comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 8 of 40 FINDING: Staff finds that the processing facility, as proposed and conditioned, can comply with all applicable siting standards identified in this decision and that these applicable standards have not been applied in a manner that prohibits the siting of the processing facility. 3. The County shall not approve any division of a lot or parcel that separates a processing facility or establishment from the farm operation on which it is located. FINDING: Division of a lot or parcel is neither proposed nor approved. L. Marijuana processing, subject to the applicable provisions of DCC 18.16.025(1) and 18.116.330. FINDING: The applicant is proposing marijuana processing on the subject property, a use permitted subject to compliance with the applicable provisions of DCC 18.16.025(1), 18.116.330, additional sections of 18.16 identified below, and relevant sections 18.124. Compliance with these provisions is addressed in this decision. 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 submitted materials indicate a maximum height of 25 feet. The following condition of approval has been added to ensure compliance with this criterion: 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. 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. 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. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 9 of 40 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 fronts on and will obtain access from Walker Road. The southern property line is the front lot line. Walker Road is a county -maintained rural local road and the required front yard setback is 40 feet. The site plan indicates the single proposed structure will be approximately 460 feet from the southern front property line. The proposal is not for a non-farm dwelling, therefore, the required side and rear yard setbacks are 25 feet. The site plan indicates a western side yard setback of approximately 510 feet, an eastern side yard setback of approximately 636 feet, and a northern rear yard setback of approximately 718 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. Chapter 18.116, Supplementary Provisions Section 18.116.330, Marijuana Production, Processing, and Retailing A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, MUA-10, and RI zones. 2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tul, Rl, 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 and processing 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 five (5) acres. FINDING: The subject property is a legal lot of record has a lot area of 40.58 gross acres. This standard is met. 2. Indoor Production and Processing. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 10 of 40 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 processing will occur within the interior of a structure, complying with these criteria. Staff includes the following condition of approval to ensure compliance with the requirements of this section. No Outdoor Production or Processing: Marijuana production and processing are 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 lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: i. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. C. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. FINDING: The property is over 40 acres in lot area, therefore it qualifies for up to 20,000 square feet of mature plant canopy. The applicant has proposed a 10,200 square foot building, with 1,199 of those square feet dedicated to processing. Therefore, staff finds the balance of the floor area for mature plant canopy for marijuana production would be limited to 9,001 square feet. However, based on the floor plan submitted with the application materials, the actual mature canopy is expected to be less. This criterion will be met. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 9,001 square feet at any time. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 11 of 40 4. Maximum Building Floor Area. In the MUA-10 zone ... FINDING: The subject property is not located in the MUA-10 Zone. This criterion does not apply. S. 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 OLCC licensed facility. 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 site plan indicates the proposed structure to be used for marijuana production and processing is approximately 460 feet to the closest property line, which is the southern property line. The site plan shows a 300 -foot distance buffer around the proposed building that falls completely within the property boundaries of the subject property and demonstrates there are no off-site dwellings within 300 feet of the production and processing area. This criterion will be met. z 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 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; 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 12 of 40 iv. A youth activity center, and V. National monuments and state parks. b. For purposes of DCC 18.116.330(8)(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: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. FINDING: The site plan includes a 1,000 -foot buffer drawn around the proposed structure and shows seven (7) properties within this buffer area (Assessors Map 17-14-28 Tax Lots 2701, 2702, 2900, 2901, and Map 17-14-33 Tax Lots 100, 200, 300). Staff confirmed there are seven (7) tax lots that are partially within 1,000 feet from the subject property's exterior boundaries. According to staffs review of County land use permit records, there is no indication that licensed, permitted, or otherwise lawfully established uses listed in subsections (a)(i.) - (v.) above exist on any of these properties. Several comments were submitted to the record from neighbors stating that the proposal should not be approved due incompatibility with children being present on the property to the west of the subject property (17-14-28-2702, referred to as "Boundless Farmstead"). The comments stated the property is used for seasonal field trips for the Locavore Farm Kids Program, with elementary school and homeschooled children visiting the property on field trips for education about sustainable agriculture. Pursuant to a conversation between staff and the Boundless Farmstead residents, staff understands that the field trips are noncommercial in nature, relatively infrequent, and are accessory and subordinate to the primary farm use. Although staff understands the concerns and comments submitted to the record in regards to the field trip activity, a field trip in itself does not constitute a licensed school or licensed childcare center as described in subsections (a)(i)-(iii) above. Therefore, staff must conclude that there are no public, private, or parochial elementary or secondary schools, nor licensed childcare centers within 1,000 feet of the subject property. Additionally, there are no national monuments or state parks within 1,000 feet of the subject property. "Youth activity center" (YAC) is not defined in the County Code. One letter from the neighbor to the west suggests the field trip program may be considered a YAC. A similar circumstance regarding YACs arose in the High Desert Nectar LCC appeal3 where a neighbor hosted regular 4H meetings on their property. In that decision the Board found: 3 Board of County Commissioners Decision, Doc. No. 2018-777. Files 247 -18 -000051 -AD, 247-18-000792-A 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 13 of 40 The Board discussed the legislative history of DCC 18.116.330 and how the separation distance from YACs was included to address any existing and permitted or licensed YACs such as a Boys and Girls Club. The Board also acknowledged its purpose in requiring the separation distance was to mitigate the degree of incompatibility with certain rural uses where youth are frequently present. The Board discussed some of the differences and similarities between youth organization meetings, schools, childcare centers, and equine centers. One Board member finds that the appellant's 4-H meetings rise to the level of a YAC due to its inherent characteristic as being a place where youth repeatedly gather. Two Board members found that the 4-H meetings did not rise to the level of a YAC due to the legislative history and the intent for YACs to be permitted, licensed, and/or certified facilities. These criteria are met. Decisions and interpretations by the Board provide guidance and direction for staff and applicants in subsequent land use decisions. Based on the Board's recent decision in High Desert Nectar, staff must conclude that seasonal field trip farm visits are not a permitted, licensed, or certified facility or "center" and does not constitute a YAC. 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, fl. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. FINDING: The proposal includes over 5,000 square feet of mature canopy area, therefore this section applies. The subject property has frontage on and legal direct access from a constructed county road (Walker Road). The property was issued a driveway access permit (No. SW1906/A-8932) in 1989. This criterion is met. Staff notes that if the actual access point will be different from the 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 14 of 40 access permit, the applicant is advised to obtain a new driveway access permit from the Road Department. Driveway access permits are applied for at the Community Development Office. 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 submitted plans show the grow rooms within an enclosed building and the applicant states there are no windows or transparent materials used in the building design. The applicant submitted a specification sheet for the proposed exterior wall lights which appear to conform to the Outdoor Lighting Control requirements of DCC 15.10. These standards will be met and ongoing compliance can be assured with the following condition of approval. Lighting: The following lighting standards shall be met at all times: (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; 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(8)(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 -18 -000504 -AD, 505 -AD, 506 -SP Page 15 of 40 L Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (i) above. e. The system shall be maintained in working order and shall be in use. FINDING: The applicant submitted a robust and detailed site-specific odor and noise report prepared by Oregon -licensed (#65108PE) Mechanical Engineer Robert E. James, PE of ColeBreit Engineering, dated September 28, 2018. The report demonstrates that the proposed activated charcoal filter system will comply with these criteria by providing the type of technology and materials used, case studies showing their effectiveness, volume calculations, a maintenance plan, examples of how other jurisdictions regulate odor control, and design descriptions of how odor will be effectively controlled in each room which will contain some form of marijuana using in-line filters, and additional filters at all exhaust points. In place of an extensive quote from the mechanical engineer's report within this finding, staff references the September 28 mechanical engineer's report which is included in the record. These criteria will be met when the applicants install the odor control system 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 d8(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 robust and detailed site-specific odor and noise report prepared by Oregon -licensed (#65108PE) Mechanical Engineer Robert E. James, PE of ColeBreit Engineering, dated September 28, 2018. The report demonstrates that the proposed mechanical equipment will comply with this 30 dB(A) noise limit between 10:00 p.m. and 7:00 a.m, and at all other times. The report includes ambient noise measurements taken at the property lines. The engineer used the MAS Environmental decibel map tool software to simulate the noise generated by the proposed mechanical equipment and included two maps in the report. Figure 5 on page 10 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 16 of 40 of the report maps the noise levels generated at all property lines with all mechanical equipment running. Included as Appendix G in the report is information on the methods the engineer relied on to perform these calculations. Staff finds these criteria will be met when the applicant installs the mechanical equipment as specified in the mechanical engineer's report, and adds the following condition to ensure ongoing compliance with the requirements of this section. 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. 92. 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 98.84, 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 98.88, 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. FINDING: The subject property is not in the Landscape Management or Wildlife Area Combining Zones. No fencing or razor wire is proposed. If the applicant chooses to include fencing in the proposal, these criteria can be met through the following condition of approval. Fencing: Any fences constructed on the subject property as part of the proposed development 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. 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. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 17 of 40 FINDING: There is little to no vegetative screening from Walker Road, however, there are treed areas that screen the development from the adjacent property to the west. The following condition has been added to ensure ongoing compliance with this criterion. Vegetative Screening: The existing tree and shrub cover screening the development from the public right-of-way and adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 13. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or C. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. FINDING: The subject property is served with 15.0 acres of irrigation from Central Oregon Irrigation District (COID) between April 1 and October 31, as confirmed in a will -serve letter from COID dated June 4, 2018. The applicant also proposes to have up to 4,000 gallons of water delivered twice per month to the property by Bend Water Hauling LLC between October and April and stored on site in a 2,500 -gallon storage tank. The applicant submitted a letter from Bend Water Hauling stating they are willing and able to deliver this water, that the water source is Avion Water (a quasi -municipal source), and that the applicant has set up an account with them. In the Tewalt4 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): 4 BOCC Document No. 2017-718, Planning Division File Ns 247-17-000723-A 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 18 of 40 • 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. The Board's Tewalt decision was appealed to the Land Use Board of Appeals (LUBA), which affirmed the decision in Robert A King v Deschutes County5. LUBA implicitly determined that a water hauler can be a water provider, and that a letter from a water hauler satisfies the "plain language of DCC 18.166.330(8)(13)" requiring "a statement that water is supplied from a [... I private water provider, along with the name and contact information of the water provider." LUBA also confirmed that the only code at issue was DCC 18.116.330(B)(1 3)(b), and the County thereby is not required "to apply any provision of the generically -described 'Oregon Water Law' to interveners' application for an administrative decision from the county and determine whether interveners' application is consistent with state laws governing water use." In regards to previous Board and LUBA decisions, staff accepts Bend Water Hauling LLC and irrigation water as acceptable water sources. Staff finds the subject condition of approval is not required, as outlined by LUBA, but is also not prohibited, therefore staff carries forward the condition of approval to this decision. 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. 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: The subject property is within the boundaries of the Alfalfa Fire District. This criterion is met. 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 submitted two "will serve" letters from the Central Electric Cooperative (CEC) dated May 24, 2018 and January 17, 2019, which include information identifying the use as marijuana production and processing, the electrical load, and that the electrical load can be provided. The most recent letter is quoted in full in the agency comments section above and states that CEC, "has determined that this service will require system upgrades to our facilities in the area. Central Electric Cooperative is willing and able to serve this location in accordance with the rates and policies of Central Electric Cooperative". This criterion is met. 5 LUBA No. 2017-126 247 -18 -000504 -AD, 505 -AD, 506-5P Page 19 of 40 16. Security Cameras. if security cameras are used, they shall be directed to record only rhe subject property and public rights-of-way, except as required to comply with requirements of the OLCC or the OHA. FINDING: The applicant has agreed 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 the 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 ORA Person Responsible for the Grow Site (PRMG). FINDING: The application materials indicate that marijuana waste will be stored securely within the structure and under control of the OLCC licensee. Staff finds this criterion will be met and adds the following condition to ensure ongoing compliance with the requirements of this section. Waste: Marijuana waste shall be stored in a secured receptacle in the possession of and under the control of the OLCC licensee. 18. Residency. In the MUA-10 zone,... 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(8)(10-12, 16, 17) by December 8, 2016. FINDING: The subject property has never been lawfully established as a medical marijuana grow site. This criterion 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 21S.213(1)(r) or 21S.283(1)(o), used in conjunction with a marijuana crop, iii. A commercial activity, as described in ORS 215.213(2)(c) or 21S.283(2)(a), carried on in conjunction a marijuana crop, and 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 20 of 40 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: i. Guest Lodge. H. 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 or currently exist on the property. Staff finds this criterion is met and adds the following condition to ensure ongoing compliance with the requirements of this section. 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: i. Land use decision and permits. H. 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 1&116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code, authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. C. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 21 of 40 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 previously added a condition of approval for the farm crop processing aspect of the application that included criteria from this section. Section 18.116.020. Clear Vision Areas. A. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided ail branches and foliage are removed to a height of eight feet above the grade. B. A clear vision area shall consist of a triangular area on the corner of a lot at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or railroad measured from the corner to a distance specified in DCC 18.116.020(8)(1) and (2). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the /or lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. The following measurements shall establish clear vision areas within the County: 1. in an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet. 2. in all other zones, the minimum distance shall be in relationship to street and road right of way widths as follows: Right -of -Way Width Clear Vision 80 feet or more 20 feet 60 feet 30 feet 50 feet and less 40 feet FINDING: The subject property is not located at the intersection of two streets or a street and a railroad. This criterion does not apply. Section 18.116.030. Off -Street Parking and Loading. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 22 of 40 A. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18. B. Off -Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or unloading berths subject to the following table: Sq. Ft. of Floor Area No. of Berths Required Less than 5,000 0 5,000-30,000 1 30,000-100,000 12 2 100,000 and Over 13 2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unloading berths subject to the following table: Sq. Ft. of Floor Area No. of Berths Required Less than 30,000 0 30,000-100,000 1 100,000 and Over 2 3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the required length of these berths shall be increased. FINDING: Staff identifies farm crop processing as an industrial use for the purposes of this section. The applicant proposes 1,199 square feet of floor area dedicated to marijuana processing within a 10,200 square foot building. The marijuana production use is a farm use and is not defined as a commercial, industrial, or public utility use. Per the table above, the applicant's proposal will not meet the minimum floor area threshold requiring a loading berth. However, regardless of applicability, the applicant proposes a loading zone. The applicant indicates large trucks will not be 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 23 of 40 used in the operation, therefore, the proposed loading area is relatively smaller at approximately 12 feet bV 20 feet, with an additional 30 feet of unobstructed maneuvering space immediately behind the load area. 4. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use. FINDING: No elimination of a loading space is proposed. 5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. FINDING: The following condition of approval has been added to ensure compliance. Off -Street Parkin: Any off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.976.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. D. Number of Spaces Required. Off-street parking shall be provided as follows: 7. Industrial. Use Requirements Manufacturing 1 space per establishment employee on the largest w rking shift FINDING: The applicant proposes marijuana processing in 1,199 square feet of the proposed building. Staff finds the proposed farm crop processing operations are most similar to an industrial manufacturing use requiring 1 space per employee on the largest working shift, as detailed in the table above. The applicant provides the following information related the largest shift sizes proposed on site: [A] parking requirement of 1 space per employee on the largest working shift is the most appropriate requirement. As shown on the Site Plan, the use is anticipated to have up to 4 employees on the largest shift, and 5 parking spaces are planned for the site, including one ADA accessible space. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 24 of 40 Staff finds that the applicant's proposal is sufficient to meet the above criteria. E. General Provisions. Off -Street Parking. 9. More Than One Use on One or More Parcels. In the event several uses occupy a single structure or parcel of land, the total requirement for off-street parking shall be the sum of requirements of the several uses computed separately. FINDING: The only other proposed use besides marijuana processing on site is marijuana production. Marijuana production does not have parking requirements, however, the applicant has provided parking for the largest working shift in consideration of both uses happening simultaneously. Additionally, no other uses or businesses will be sharing the proposed off-street parking spaces. Therefore, these criteria are not applicable. 2. joint Use of Facilities. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap at any point of time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract or other appropriate written document to establish the joint use. FINDING: As noted above, no existing or proposed uses other than the processing facility have parking requirements. Therefore, this criterion is not applicable 3. Location of Parking Facilities. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located on the same parcel or another parcel not farther than S00 feet from the building or use they are intended to serve, measured in a straight line from the building in a commercial or industrial zone. Such parking shall be located in a safe and functional manner as determined during site plan approval. The burden of proving the existence of such off - premise parking arrangements rests upon the applicant. FINDING: All required parking spaces are located on the same parcel and are located no more than 500 feet from the proposed processing area. 4. Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or used in conducting the business or use. FINDING: The following condition of approval has been added to ensure compliance. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 25 of 40 Use of Parking Facilities: Required parking space shall be available for the parking of operable passenger automobiles of customers, patrons, and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or used in conducting the business or use. S. Parking, Front Yard. Required parking and loading spaces for multi family dwellings or commercial and industrial uses shall not be located in a required front yard, except in the Sunriver UUC Business Park (BP) District and the La Pine UUC Business Park (LPBP) District and the LaPine UUC Industrial District (LPI), but such space may be located within a required side or rear yard. FINDING: No parking is proposed in a required front yard. 6. On -Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated communities, the amount of required off-street parking can be reduced by one off-street parking space for every allowed on - street parking space adjacent to a property up to 30% of the required off- street parking. On -street parking shall follow the established configurations in the parking design standards under DCC 18.116.030 Table 1. To be considered for the parking credit, the proposed parking surface, along the street frontage under review, must have a defined curb line and improved as required under DCC 17.48, with existing pavement, or an engineeredgravel surface. For purposes of establishing credit, the following constitutes an on - street parking space: a. Parallel parking (0 degree), each 20 feet of uninterrupted curb, b. Diagonal parking (60 degree), each with 11 feet of curb, C. Perpendicular parking (90 degree), each with 10 feet of curb, d. Curb space must be connected to the lot that contains the use; e. Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and j: On -street parking spaces credited for a specific use may not be used exclusivelyby that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on -street spaces are permitted. FINDING: No on -street parking credit under this section is proposed. F. Development and Maintenance Standards for Off -Street ParkingAreas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows: 1. Except for parking to serve residential uses, an off-street parking area for more than five vehicles shall be effectively screened by a sight obscuring 247 -18 -000504 -AD, 505 -AD, 506-5P Page 26 of 40 fence when adjacent to residential uses, unless effectively screened or buffered by landscaping or structures. FINDING: The applicant proposes a 5 -vehicle parking area. Adjacent residential uses are no closer than 600 feet from the proposed processing area. The applicant proposes a minimum 5 -foot wide landscaping strip consisting of trees and shrubs along the southwestern and northwestern edge of the parking area. The proposed structure will screen views of the parking area from the south and southeast. Multiple trees near the irrigation canal will help to screen views from the west. Irrigated field to the north may provide additional screening. These features and the distances to the off-site dwellings will provide sufficient buffering and screening to the adjacent residential uses. This criterion will be met. 2. Any lighting used to illuminate off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in a residential zone. FINDING: The applicant does not propose outdoor lighting to illuminate the off-street parking area, except for wall mounted lighting attached to the proposed building. The applicant provided specifications for the type of lighting to be used, which are designed to project light downward. The proposed building and lighting will be over 460 from the closest property line, and the only surrounding zoning is EFU (not a residential zone). This criterion will'be met. 3. Groups of more than two parking spaces shall be located and designed to prevent the need to back vehicles into a street or right of way other than an alley. FINDING: The applicant's proposed parking area is located over 460 feet from the nearest street or right of way. Staff finds this distance will preclude the need for vehicles to back onto Walker Road. This criterion will be met. 4. Areas used for standing and maneuvering of vehicles shall be paved surfaces adequately maintained for all weather use and so drained as to contain any flow of water on the site. An exception may be made to the paving requirements by the Planning Director or Hearings Body upon finding that. a. A high water table in the area necessitates a permeable surface to reduce surface water runoff problems, or b. The subject use is located outside of an unincorporated community and the proposed surfacing will be maintained in a manner which will not create dust problems for neighboring properties, or C. The subject use will be in a Rural Industrial Zone or an Industrial District in an unincorporated community and dust control measures will occur on a continuous basis which will mitigate any adverse impacts on surrounding properties. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 27 of 40 FINDING: The subject property is located outside of an unincorporated community and could qualify for an exception to pacing the parking area under (b) with proper dust control practices. Regardless of applicability, the applicant has proposed asphalt paving for the parking area, loading area, and associated maneuvering area with a drainage swale to contain the flow of water on site. S. Access aisles shall be of sufficient width for all vehicular turning and maneuvering. FINDING: The applicant proposes a minimum access aisle width of 24 -feet. Staff finds this aisle will allow adequate space for vehicle maneuvering and turning. This criterion will be met. 6. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will accommodate and serve the traffic anticipated. Service drives shall be clearly and permanently marked and defined through the use of rails, fences, walls or other barriers or markers. Service drives to drive in establishments shall be designed to avoid backing movements or other maneuvering within a street other than an alley. FINDING: The applicant proposes to use a 20 -foot wide service drive (access drive) approach from Walker Road with a fence rail system along the service drive to the parking area. Posts will be installed in 5 -foot intervals and will be connected with chain, cable, or rails. Samples of the post and connection materials were submitted by the applicant. Staff finds the proposed access drive will provide adequate safety to any pedestrians on site, while also maximizing vehicular traffic access. There are no proposed pedestrian crosswalks through the parking area as pedestrian access is not anticipated. As no additional traffic access points are proposed, staff finds the minimum number which can accommodate the anticipated need has been met. This criterion will be met. 7. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right of way line and a straight line joining said lines through points 30 feet from their intersection. FINDING: Through a review of the submitted site plan and aerial photography, staff finds that the service drive for the subject property will have a minimum clear vision area meeting or exceeding 30 feet from the intersection of the driveway centerline and the right of way for Walker Road. This criterion will be met. 8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or bumper rail placed to prevent a motor vehicle from extending over an adjacent property line or a street right of way. FINDING: The applicant's proposed parking area is not adjacent to the subject property lines or a street right of way. This criterion does not apply. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 28 of 40 G. Off -Street Parking Lot Design. All off-street parking lots shall be designed subject to County standards for stalls and aisles as set forth in the following drawings and table: (SEE TABLE 1 AT END OF CHAPTER 18.116) 1. For one row of stalls use "C" + "D" as minimum bay width. 2. Public alley width may be included as part of dimension "D," but all parking stalls must be on private property, off the public right of way. 3. For estimating available parking area, use 300-325 square feet per vehicle for stall, aisle and access areas. 4. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars provided that the compact stalls do not exceed 30 percent of the total required stalls. A compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width. FINDING: The applicant's 5 proposed parking spaces will each be 9 -feet wide, 20 -feet deep, and will be accessed via a 24 -foot wide access aisle. Staff finds that these proposed dimensions will be sufficient to meet the standards addressed in DCC 18.116.030(G)(1). This criterion will be met. Section 18.116.031. Bicycle Parking. New development and any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031. A. Number and Type of Bicycle Parking Spaces Required. 1. General Minimum Standard. C. When the proposed use is located outside of an unincorporated community, a destination resort, and a rural commercial zone, exceptions to the bicycle parking standards may be authorized by the Planning Director or Hearings Body if the applicant demonstrates one or more of the following: i The proposed use is in a location accessed by roads with no bikeways and bicycle use by customers or employees is unlikely. ii. The proposed use generates less than 50 vehicle trips per day. iii. No existing buildings on the site will accommodate bicycle parking and no new buildings are proposed. iv. The size, weight, or dimensions of the goods sold at the site makes transporting them by bicycle impractical or unlikely. V. The use of the site requires equipment that makes it unlikely that a bicycle would be used to access the site. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 29 of 40 Representative examples would include, but not be limited to, paintball parks, golf courses, shooting ranges, etc. FINDING: Staff finds that the applicant's proposal is outside an unincorporated community, in a location where bicycle access by employees is unlikely and the proposed facility will not be accessible to the general public or customers. For these reasons, bicycle parking is not required. Section 18.116.035. Bicycle Commuter Facilities. A. Each commercial or public building having a workforce of at least 25 people shall have bicycle commuter facilities consisting of shower(s) and changing rooms(s). For facilities with more than one building (such as a college), bicycle commuter facilities may be located in a central location. B. This provision shall apply to (1) new development requiring off-street parking and (2) any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005. FINDING: The criteria of these two sections are not applicable because the facility does not require bicycle parking pursuant to DCC 18.116.031(A)(1)(c) and the proposal will have less than 25 employees. Chapter 18.124, Site Plan Review Section 18.124.030. Approval Required. A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to DCC Title 22, the Uniform Development Procedures Ordinance. B. The provisions of DCC 18.124.030 shall apply to the following. 1. All conditional use permits where a site plan is a condition of approval, 2. Multiple family dwellings with more than three units, 3. All commercial uses that require parking facilities; 4. All industrial uses, 5. All other uses that serve the general public or that otherwise require parking facilities, including, but not limited to, landfills, schools, utility facilities, churches, community buildings, cemeteries, mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards, and 6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area Combining Zones (SMIA). 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 30 of 40 FINDING: Marijuana processing (processing of a farm crop) is considered an industrial use6, however, the proposed processing represents a relatively small proportion of the total use at the site, which is dominated by the existing farm use and the proposed marijuana production facility. Therefore, staff finds that the use of land is not primarily for the manufacture, processing, storage or wholesale distribution of products, goods or materials. The use is not considered a commercial use 7. DCC 18.16.025 requires Site Plan Review for the processing use only. Section 18.124.060. Approval Criteria. Approval of a site plan shall be based on the following criteria: A. The proposed development shall relate harmoniously to the natural environment and existing development, minimizing visual impacts and preserving natural features including views and topographical features. FINDING: The property is relatively level farmland currently developed with several farm buildings. Views to the west from the general area include portions of the Cascade mountain range along with the more immediate small and medium-sized farm operations. Views in all direction from the subject property include some large undeveloped areas along with various sizes and intensities of farm operations and associated agricultural development. The general area also contains a mix farm, nonfarm, and preexisting dwellings. It does not appear that any natural or topographic features would be impacted by this proposal as it is located in the central portion of the property with significant buffering from off-site development. The proposed landscaping adjacent to the building and the parking area will help to minimize any visual impacts. The proposed development is consistent with existing agricultural development within the general area of Alfalfa. As proposed and conditioned, the processing use will relate harmoniously to the natural environment and existing development by minimizing visual impacts and not impacting any natural features including views and/or topographical features. B. The landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall be protected. FINDING: The property is level farmland currently developed with several farm structures. The property has trees and shrubs scattered throughout the site but is predominately cleared for farm use. This vegetation is primarily located in the western portion of the property along the irrigation canal. None of the existing vegetation will be impacted by this proposal. No alterations to the existing topography are proposed or necessary with this development. A condition of approval added under DCC 18.116.330 already protects screening vegetation. C The site plan shall be designed to provide a safe environment, while offering appropriate opportunities for privacy and transition from public to private spaces. 6 DCC 18.04.030 -"Industrial use" means the use of land primarily for the manufacture, processing, storage or wholesale distribution of products, goods or materials. It does not include commercial uses. DCC 18.04.030 - "Commercial use" means the use of land primarily for the retail sale of products or services, including offices. It does not include factories, warehouses, freight terminals or wholesale distribution centers. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 31 of 40 FINDING: The layout of the driveway, parking area, and proposed structure provide appropriate opportunities for privacy and transition from public to private spaces, and a safe environment for vehicles to enter, leave, and maneuver on the property. The parking area is set back more than 460 feet from the southern property line, which is the nearest property boundary. Additionally, it is screened from view by proposed building and landscaping. The proposed building, in which the processing facility will be located, is set back from all property lines by several hundred feet. The site plan provides appropriate privacy and transition from public to private spaces. Marijuana processing may include fire safety hazards. The Alfalfa Fire District (AFD) did not respond to the County's Notice of Application. The applicant submitted a will -serve letter dated May 30, 2018 from Ron Thompson, AFD Fire Chief, which included: The above address is located within the Alfalfa Fire District. Currently the AFD has the capability to respond to and mitigate incidents related to small marijuana facilities. In the future, as the number and size of the facilities increase we will need additional equipment/training to safely and effectively respond to these types of businesses. The applicant's agent wrote to Mr. Thompson asking for clarification if AFD has the capability to respond to and mitigate incidents related to the proposed use, and asking for clarification of what ,$small marijuana facilities" means. On May 6, 2018, AFD responded to the applicant. That exchange was submitted by the applicant. AFD's response, in part, stated: The Alfalfa Fire District has very limited input into the community development process. We do not review plans of proposed projects so our comments are very general statements about life/fire safety and if the address is within the fire district. The policy of the AFD is to respond to all fire, rescue and medical incidents within our fire district regardless of occupancy type or size and to take any actions that our training and equipment will allow us to safely take. The purpose of the fire district response letter is to show that the address in question is within the Alfalfa Fire District and we can and will respond to and mitigate incidents at that location. I believe the letter as written accomplishes that. Staff accepts the AFD's comments as being willing and able to respond to emergencies within the district. Additionally, staff notes the application materials and plans indicate the processing facility will be equipped with special odor control ventilation that will reduce sparks. In submitted comments, the Deschutes County Building Safety Division's code mandates that access, egress, setbacks, fire & life safety, firefighting water supplies, etc. will be specifically addressed during the appropriate building plan review process in regard to any proposed structures and occupancies. Based on the findings above and the record materials, staff finds the site plan is designed to provide a safe environment. These criteria will be met. D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for wheelchairs and Braille signs. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 32 of 40 FINDING: The applicants have provided one accessible parking spot with loading area and a paved surface leading from the parking area to the building. At the time of plan review for the building permit(s), the applicant will be subject to any applicable ADA requirements. The Building Division will perform the building permit review. E. The location and number of points of access to the site, interior circulation patterns, separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and structures shall be harmonious with proposed and neighboring buildings and structures. FINDING: The applicant proposes to continue a driveway from Walker Road to reach the proposed parking area. No changes in the existing circulation patterns on site are proposed with the exception of the new parking area. The parking area and proposed building are located adjacent to each other in the central portion of the property. The processing facility will buffered from neighboring properties by both distance and landscaping. Additionally, staff is unaware of any planned structures on adjacent properties. Based on the site plan submitted by the applicant, staff finds the proposed parking area will be harmonious with neighboring buildings and structures. F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets, or surface and subsurface water quality. FINDING: There is no evidence in the record that the site has a history of adversely impacting the surface water drainage pattern in the area. The site is relatively level with farmland surrounding the building area. The applicant has proposed two drainage swales. One swale is adjacent to the southeastern wall of the building and the second swale extends from the northwestern corner of the building and around the paved parking lot. Given the relatively large size of the property in relation to the size of the parking lot and building footprint, and the location of the development, staff finds runoff from the building and parking area will be contained on-site. Staff finds that the proposed development will not have adverse drainage impacts to neighboring properties, streets, or surface and subsurface water quality. G. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility wires, and the like), loading and parking and similar accessory areas and structures shall be designed, located and buffered or screened to minimize adverse impacts on the site and neighboring properties. FINDING: The parking area proposed on site is located more than 460 feet from the nearest property line. The parking and loading area is located where it will be visually shielded from Walker Road. The applicant also proposes to establish landscaping areas around the parking area and the building to more fully screen the development from neighboring properties and the public. Waste storage will be located inside the proposed marijuana production and processing building on site, thereby reducing any potential visual impacts. This criterion will be met. H. All above ground utility installations shall be located to minimize adverse visual impacts on the site and neighboring properties. 247 -15 -000504 -AD, 505 -AD, 506 -SP Page 33 of 40 FINDING: No new above -ground utility installations are proposed. The applicant proposes all new utilities to be underground. 1. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks, etc.). FINDING: The structure will meet the dimensional standards and setback requirements set forth in DCC 18.16 and 18.116, as described above, as well as the building height standard in DCC 18.16. Based on these findings and the plans submitted by the applicant, the proposal meets this criterion. J. All exterior lighting shall be shielded so that direct light does not project off site. FINDING: The applicant has acknowledged this requirement. The following addition to the condition of approval 5 has been added to ensure compliance with this criterion. d. All exterior lighting shall be shielded so that direct light does not project off-site. K. Transportation access to the site shall be adequate for the use. 1. Where applicable, issues including, but not limited to, sight distance, turn and acceleration/deceleration lanes, right-of-way, roadway surfacing and widening, and bicycle and pedestrian connections, shall be identified. 2. Mitigation for transportation -related impacts shall be required. 3. Mitigation shall meet applicable County standards in DCC 17.16 and DCC 17.48, applicable Oregon Department of Transportation (ODOT) mobility and access standards, and applicable American Association of State Highway and Transportation Officials (AASHTO) standards. FINDING: Transportation access to the site is from Walker Road, a County -maintained public right- of-way. No transportation infrastructure deficiencies or improvements were Identified by the Deschutes County Transportation Planner or the Deschutes County Road Department. DCC 18.116.310 describes traffic impact studies and when one is required. 18.116.31 Q(C)(3)(a) states no Site Traffic Report is required if the proposed use creates fewer than 50 daily trips. The applicant indicates the largest shift will have four employees. The Senior Transportation Planner's comments indicate that marijuana processing, the only aspect of the proposal that requires Site Plan Review and is subject to this criterion, will generate 4.5 trips. The Senior Tra nspo rtation Planner's comments also include an analysis of the marijuana production aspect of the proposal, which will general 32.4 trips. Together, the marijuana production and processing uses will generate a total of 36.9 daily trips, below the 50 trip minimum threshold to require a Site Traffic Report. No further transportation analysis is required. Section 18.124.070. Required Minimum Standards. A. Private or shared outdoor recreation areas in residential developments. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 34 of 40 FINDING: No residential units are proposed. This criterion is not applicable. B. Required Landscaped Areas. 1. The following landscape requirements are established for multi family, commercial and industrial developments, subject to site plan approval: a. A minimum of 15 percent of the lot area shall be landscaped. b. All areas subject to the final site plan and not otherwise improved shall be landscaped. FINDING: These criteria only apply to multi -family, commercial and industrial developments. As discussed above, the marijuana processing use can be considered an "industrial use". Staff considers (a) and (b) above together to require a minimum of 15 percent of the area associated with the Site Plan Review for marijuana processing to be landscaped, and all areas subject to site plan review that are not otherwise improved must be landscaped. Staff considers the access road, parking lot, and the portion of the building used for processing to be subject to Site Plan Review. Consequently, these are the areas subject to the landscaping requirements above. The applicant indicates the areas subject to Site Plan Review totals approximately 44,500 square feet and the areas to be landscaped totals approximately 6,832 square feet, which exceeds 15 percent of the total area (6,675 square feet). All areas subject to Site Plan Review that are not otherwise developed are proposed to be landscaped. These criteria will be met. 2. In addition to the requirement of DCC 1&124.070(B)(1)(a), the following landscape requirements shall apply to parking and loading areas: a. A parking or loading area shall be required to be improved with defined landscaped areas totaling no less than 25 square feet per parking space. b. In addition to the landscaping required by DCC 18.124.070(B)(2)(a), a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and from any other lot line by a landscaped strip at least five feet in width. C. A landscaped strip separating a parking or loading area from a street shall contain: 1) Trees spaced as appropriate to the species, not to exceed 35 feet apart on the average. 2) Low shrubs not to reach a height greater than three feet zero inches, spaced no more than eight feet apart on the average. 3) Vegetative ground cover. d. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. e. The landscaping in a parking area shall have a width of not less than five feet. f. Provision shall be made for watering planting areas where such care is required. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 35 of 40 g. Required landscaping shall be continuously maintained and kept alive and attractive. h. Maximum height of tree species shall be considered when planting under overhead utility lines. FINDING: Five (5) parking spaces are proposed. The parking area is not adjacent to a property line or roadway, as it is located well over 400 feet from any such boundary. The applicant proposes to plant a minimum 5 -foot wide landscaping strip around the parking area and the proposed building. Two drainage swales and wider landscaped areas supplement the 5 -foot landscaped strips. The proposed dimensions will supply approximately 1,366 square feet of defined landscape area per parking space. The following condition of approval has been added to ensure compliance with this section. Landscaping Maintenance: All proposed landscaping shall be continuously maintained and kept alive and attractive. Additionally, provisions for watering planting areas shall be made where such care is required. C. Non -motorized Access. 1. Bicycle Parking. The development shall provide the number and type of bicycle parking facilities as required in DCC 18.116.031 and 18.116.035. The location and design of bicycle parking facilities shall be indicated on the site plan. FINDING: Compliance with DCC 18.116.031 and 18.116.035 is discussed in the findings for those sections, above. 2. Pedestrian Access and Circulation: a. Internal pedestrian circulation shall be provided in new commercial, office and multi family residential developments through the clustering of buildings, construction of hard surface pedestrian walkways, and similar techniques. FINDING: This criterion does not apply, as the facility is not a commercial, office, or multi -family residential development. b. Pedestrian walkways shall connect building entrances to one another and from building entrances to public streets and existing or planned transit facilities. On site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle connections on adjacent properties planned or used for commercial, multi family, public or park use. C. Walkways shall be at least five feet in paved unobstructed width. Walkways which border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other similar improvements are provided which prevent parked vehicles 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 36 of 40 from obstructing the walkway. Walkways shall be as direct as possible. d. Driveway crossings by walkways shall be minimized. Where the walkway system crosses driveways, parking areas and loading areas, the walkway must be clearly identifiable through the use of elevation changes, speed bumps, a different paving material or other similar method. e. To comply with the Americans with Disabilities Act, the primary building entrance and any walkway that connects a transit stop to building entrances shall have a maximum slope of five percent. Walkways up to eight percent slope are permitted, but are treated as ramps with special standards for railings and landings. FINDING: Staff believes that (b) through (e) apply to any use subject to site plan review. The applicant has proposed a walkway connection the parking and loading area to the building's northeast entrance. The walkway will be six (6) feet wide and the adjacent parking stalls will have curbs stops installed to prevent vehicles from intruding on the walkway. The walkway does not cross the driveway or the parking area. No nearby public streets with sidewalks or public transit stops to connect to exist nearby. These criteria will be met. D. Commercial Development Standards:... FINDING: The proposed facility is not a commercial development. These criteria do not apply. Section 18.124.090. Right of Way Improvement Standards. Any dedications or improvements to the road right of way required under DCC 18.124 shall meet the standards for road right of way improvements set forth in DCC Title 17 and any standards for right-of-way improvements set forth in DCC Title 18 for the particular zone in question. FINDING: No transportation infrastructure deficiencies or requirements were identified by the Deschutes County Road Department or the Deschutes County Transportation Planner. IV. CONCLUSION Based on the foregoing findings, staff concludes that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. V. SYSTEM DEVELOPMENT CHARGE 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 37 of 40 The p.m. peak hour trip rate is 0.32 p.m. peak hour trips for Warehouse, which comes out to 2.9 p.m. peak hour trips (0.32 X 9.1) for production. For processing, Manufacturing produces 0.73 p.m. peak hour trips (0.73 X 1.199) for a total of 0.87 p.m. peak hour trips. The two uses total 3.77 p.m. peak hour trips (2.9 + 0.87). The SDC in effect at the time was $3,937 per p.m. peak hour trip for a total of $14,842 (3.77 X $3,937). [...] The SDC is due prior to issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. VI. DECISION APPROVAL, subject to the following conditions of approval. VII. CONDITIONS OF APPROVAL 1. Use & Location: Marijuana production and processing are conditionally approved inside the proposed structure. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. 2. 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. No Outdoor Production or Processing: Marijuana production and processing are prohibited in any outdoor area. 4. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 9,001 square feet at any time. S. Lighting: The following lighting standards shall be met at all times: 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; and c. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. d. All exterior lighting shall be shielded so that direct light does not project off-site. 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. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 38 of 40 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. Fencin Any fences constructed on the subject property as part of the proposed development 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. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. 9. Vegetative Screening: The existing tree and shrub cover screening the development from the public right-of-way and 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. 10. 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. 11. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with the requirements of the OLCC. 12. Waste: Marijuana waste shall be stored in a secured receptacle in the possession of and under the control of the OLCC licensee. 13. 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. 14. 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: 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. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 39 of 40 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. In addition to the above, the applicant shall submit evidence that at least one-quarter of the farm crops processed at the facility in the calendar year, measured by weight, are produced at the farm operation on the subject property. 15. Off -Street Parkine: Any off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. 16. Use of Parking Facilities: Required parking space shall be available for the parking of operable passenger automobiles of customers, patrons, and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or used in conducting the business or use. 17. Landscaping Maintenance: All proposed landscaping shall be continuously maintained and kept alive and attractive. Additionally, provisions for watering planting areas shall be made where such care is required. VIII. DURATION OF APPROVAL: The applicant shall initiate 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 /j Written by: Jacob Ripper, Senior Planner Reviewed by: Peter Gutowsky, Planning Manager 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 40 of 40 a a o a m n. a m n. o_ D_ LS Lb w ID Lb Lb Lb Lb Cl 0 0 0 0 0 0 0 0 0 0 Ln Ln o Ln m o o o o o m 0000006odoo Ln Ln VI 1!1 N In L� 1/1 L/1 L� N o o Ln 111 o m Ln o LA o o O O O O O O O O O O O Ln Ln m Ln m m o m m o o a 0 a a D a 0 d d Q Q Q Q Q Q Q Q Q Q Q ctt 0 0 0 0 a O O O O O a 0 0 O O C) 0 O O O O Ln lf1 l!1 lft L11 111 Ln Ll Lit T L1 'O r-1 N H e -I N ri ri ri r-1 r I ri N CL a a a 0 a 0 0 a 0 0 0 LL LL LL LL LL LL LL LL LL LL LL Ln Ln N O 01 l.3 U O O O O O O O O O O M N n N n h n N N N N m rn a1 a1 a1 rn m rn a1 c1 rn CL M m m m m z m z s 0 0 0 0 0 0 0 0 0 0 0 U Z m m m m m m m m m m j -C "O O .O'O LL m N Ln C I i i H am'' .2 Y_ Y Y_ p� 3 0 0 0 0 CO3 3 a 0 0 � M m M N N M M w O cn LnLn N Ln tD Ln N N N N Ln ri ri N LD N N N LD LD LD m m N O) E E E E E O Li- Ll LL Ll LL m n H N OJ ~0 v a v 3 0 0 0 4, m n o r > c ba cc o m o m 0 m m 3 1O `L v J J VI N u a c ar � E cco o > a m c +, _ O cc Y c m wz m v > Q c a co 12 c m m 0 - LU c Q Y Li >. m 0° = a ca 0 co C N Y _u .Q 1L 'en m LOp LL Ol 3 m u m L°0i r`L o +� o 2 m '-L Q U 2 O 0 2 a Ln NOTICE OF DECISION Mailing Date: Tuesday, February 05, 2019 COMMUNITY DEVELOPMENT The Deschutes County Planning Division has approved the land use application(s) described below: FILE NUMBER: 247 -18 -000504 -AD, 505 -AD, 506 -SP LOCATION: The subject property has a situs address of 25450 Walker Road, Bend. It is identified on Deschutes County Assessor's Map No. 17-14-28, as tax lot 2902. APPLICANT/OWNER: Mark and Elizabeth Weisheit SUBJECT: The Deschutes County Planning Division has approved an Administrative Determination to establish marijuana production, and an Administrative Determination and Site Plan Review to establish marijuana processing in the Exclusive Farm Use Zone. The proposal includes a 10,200 square foot building to be used primarily for production, with 1,199 square feet used for processing. STAFF CONTACT: Jacob Ripper, Senior Planner 541-385-1759 jacob.ripper@deschutes.org DOCUMENTS: Can be viewed and downloaded from: www.buildingpermits.are�on.go_v and http-//dial.deschutes.org APPLICABLE CRITERIA: The Planning Division reviewed this application for compliance against criteria contained in Chapters 18.04, 18.16, 18.116 and 18.124 in Title 18 of the Deschutes County Code (DCC), the Deschutes County Zoning Ordinance, as well as against the procedural requirements of Title 22 of the DCC. DECISION: Staff finds that the application meets applicable criteria, and approval is being granted subject to the following conditions: 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 :.%(541) 388-6575 @cdogdeschutes.org 0 www.deschutes.org/cd CONDITIONS OF APPROVAL 1. Use & Location: Marijuana production and processing are conditionally approved inside the proposed structure. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. 2. 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. No Outdoor Production or Processing: Marijuana production and processing are prohibited in any outdoor area. 4. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 9,001 square feet at any time. S. Lim: The following lighting standards shall be met at all times: 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; and c. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. d. All exterior lighting shall be shielded so that direct light does not project off-site. 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. Fencing: Any fences constructed on the subject property as part of the proposed development 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. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. 9. Vegetative Screening: The existing tree and shrub cover screening the development from the public right-of-way and 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. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 2 of 4 10. 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. 11. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with the requirements of the OLCC. 12. Waste: Marijuana waste shall be stored in a secured receptacle in the possession of and under the control of the OLCC licensee. 13. 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. 14. 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. d. in addition to the above, the applicant shall submit evidence that at least one-quarter of the farm crops processed at the facility in the calendar year, measured by weight, are produced at the farm operation on the subject property. 15. Off -Street Parkine: Any off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. 16. Use of Parking Facilities: Required parking space shall be available for the parking of operable passenger automobiles of customers, patrons, and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or used in conducting the business or use. 247 -18 -000504 -AD, 505 -AD, 506 -SP Page 3 of 4 17. Landscaping Maintenance: All proposed landscaping shall be continuously maintained and kept alive and attractive. Additionally, provisions for watering planting areas shall be made where such care is required. This decision becomes final twelve (12) days after the date mailed, unless appealed by a party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $250.00 and a statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER. This Notice was mailed pursuant to Deschutes County Code Chapter 22.24. 247 -18 -000504 -AD; 505 -AD, 506 -SP Page 4 of 4 25450 Walker Road Files: 247 -18 -000504 -AD / 505 -AD / 506 -SP a aaaa = CL Cl. mm= a==o. as o_ao.=0.=o_ m as N N N VI N Vi N Ni N NiL N N Ni N N N0 N N N N 0 N0 N N N0 lb Lb lb lb lb lb Lb lD Lb LD lb lb kb Lb Lb lb � Lb lb 6 Lb 6 6 Lb Lb l0 LO lb Lri O N O O N m N m Ln o Ln O N O O O N N O CO O N o N Lr L 0 Lr 0 N N N N N V1 N N NLn Ln Ln Lh Ln L� LN N N N N N N N N N N N N V1 N N N NLn Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln L� N i i a i i i i I i i i i i Ln NLonNNNLn Lm OoNNLn LA Ln 000NNLn oNNNNNNLA Ln Ln 000NNNN 006000000000000000000000d000 aaaaaaaaaaaaaaaaaaaaaaaaaaaa �r v a cr cE v v h v v 0 0 0 0 0 0 0 0 0 0 Ln Ln Ln m 0 o a o 0 0 0 0 0 0 o 0 0 0 0 0 � Ln u� Ln Ln � N � � Ln N Ln ut N Ln an Lm Ln um Ln N Ln Lm Ln Ln N w D D O Q D❑ D D Q D O D D D❑❑ D O❑❑ D❑❑❑❑❑❑ Q M O O C O O O O O O C O O O O O O O C O O 0 0 0 0 0 0 0 0 :�- Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z d Ln cq O N Ol to m a u Ln ci " N N N a-1 a-1 M t 1 r -I `-i O (DO O N O O O O O 000 U O O O O O O O m N N N N OL N N N N N n n n n^ N N^ N^ 0) m�mm �m mmmm mm(71m0)m01O1mO1m x 0 0 0 0 0 0 0000 O O O o O O 0 0 0 0 0 Q p N v ❑❑ o a❑ v O O O O p v' Z c Z c Z v c c Z c c Z c Z Z c Z Z c Z c� oC w W a) W a) w w W N N W w W a7 W N W W N W N a w 'U m m m m I= m m m m m m m m S m m m m m m m N 2 K c ❑ a MNe uj -j N mal "a Q 'D N 'a Q ❑ o g '� a v v o o p cc m❑ x w o❑ m 2 o a m< ca O oc 0 maN°� ° w vii ^w N w=um Z Y a w Z et V U Y Q Y Q J-13 in 0 N4 a)O J Y O J a66 a Z N�a<na vo`o❑�Foa-c1°z-3-t v oc o�3o�❑°a❑° z° CL)co 0) Ln d' m d' Ln m CJ v W o0 O OND L00 c�-I c�-I = C' w O Lm o Ln N .�-f f, O N = '0 M N 0) !� O Q N O J J 00 LY) Ln Ln 0 Ln N N 0 Lf)MfI Ln N LA N LI) N N O N N N a-1 N Z O_ l0 Z W W N N r -I N Z N W w Ln N N W N W N l0 W Ln J d U w w w WJ LU o r o }w aJ O~ w z EE E 0 E >uj E '' a ` o m UJr5 ` cc W `a V, LL E o LL LL a LL 0 LL J Z N U (U aJ H �% cN Q LL O m UJ = O S O lam La" 3 � m 0 9 08 � "1 u J J N u u u N c ❑ K J a z Z J v a E0 EA 0.2 Z Q u v Q m H Q d r ❑ F 2 CU C D NLLI ru W d Vf a S ►� m N J LL CD v O Z w t LU Y O c N� � N .o❑a tri a�S m� uZ wH O � yco>aLL �w c o6 u v N Z Z3:uw of 06 o N� c Z rr�°j f 0 c O O u W e v W l os p °c° m -p N 0' Q c- oM`D {/U� {c{//�� w vdi c❑ 0 Q Q u LL U C aJ O .O W '01 C W W W 00 to m ~❑` C7 O= O Q �- Y J ]C c F- F' ? I- c Co 7' m H W LLI u Z a S d W N `wuj ob ELu w=SS2G fl �uZ 0OO�am c5 W �_ Via= 3�w ra Lu of oww m� uu ms W 1`M mu aa) 0 o�Y u oammmmuuu❑❑0X:4 o °x��aDczlnN'�-'� MiWED LE AL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Accepting Review of Administrative Decision in File Nos. 247 -18 -000504 -AD, 247- 18 -000505 -AD, and 247 -18 -000506 -SP ORDER NO. 2019-004 WHEREAS, on February 5, 2019, staff issued an Administrative Determination on Application Nos. 247- 18 -000504 -AD, 247 -18 -000505 -AD, and 247 -18 -000506 -SP; and WHEREAS, Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners ("Board") 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; and WHEREAS, the Board has given due consideration as to whether to review this application; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Should a timely appeal of Administrative Decision Nos. 247 -18 -000504 -AD, 247 -18 -000505 - AD, and 247 -18 -000506 -SP be filed, the Board of County Commissioners will serve as the hearings body for the appeal consistent with applicable provisions of DCC, including DCC 22.32.027(B)(4). Section 2. The review shall be heard de novo in order for the Board to interpret DCC 18.116.330 and other applicable provisions. Section 3. Staff shall set a hearing date and cause notice to be given to persons or parties entitled to notice pursuant to DCC 22.24.030 and 22.32.030. Dated this 13 of February, 2019 ATTEST• ecording S eretary PAGE 1 of 1- ORDER No. 2019-004 BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTX, OREGON 41u -)w A ' L---. PHILIP G. "ENDERSON, Chair PATTI ADAIR, Vice Chair �7- ANTHONY DEBONE, Commissioner Board Agenda Request - County Internal Auditor Topics Date: TBD 1. Audit committee applications and process 2. 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