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2019-324-Minutes for Meeting June 26,2019 Recorded 7/24/2019BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 10:00 AM Recorded in Deschutes County CJ2019-324 Nancy Blankenship, County Clerk 07/24/2019 9:00:53 AM Commissioners' Journal 5 c ` 2019-324 FOR RECORDING STAMP ONLY WEDNESDAY® June 26, 2019 BARNES & SAWYER ROOMS 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 no identified representatives of the media were in attendance. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescount.yor.iqm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Henderson called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: None presented CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. ADAIR: Move approval of the Consent Agenda DEBONE: Second BOCC MEETING JUNE 26, 2019 PAGE 1 OF 11 VOTE: ADAI R: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried Note: Assistant Legal Counsel Adam Smith clarified for the record that approval of Item #2 was specific to the revised Findings document provided to the Commissioners earlier this morning (and not the prior version included with the agenda packet). Consent Agenda Items: 1. Consideration of Board Signature of Document No. 2019-314, Agreement with the Heart of Oregon for Operational Assistance 2. Consideration of Board Signature of Document No. 2019-479, Denial of a Marijuana Production Proposal at 25606 Alfalfa Market Road 3. Consideration of Board Signature of Document No. 2019-516, a Quit Claim Deed 4. Consideration of Board Signature of Document No. 520, Special Transportation Grant Agreement 5. Consideration of Board Signature of Document No. 2019-521, a Bargain and Sale Deed from Deschutes County to Pahlisch Homes 6. Consideration of Signature of Order No. 2019-026 Cancelling Uncollectible Personal Property Taxes of $31,828.95 7. Consideration of Board Signature of Resolution No. 2019-024, Budget Adjustments in the General Fund (Non -Departmental Program) and the Surveyor Fund 8. Consideration of Board Signature of Resolution No. 2019-035, Budget Adjustment in the Fair and Expo Center Fund ACTION ITEMS: 9. Consideration of Board Signature of Resolution No. 2019-032, Approving the First Amendment to the juniper Ridge Urban Renewal Plan BOCC MEETING JUNE 26, 2019 PAGE 2 OF 11 County Administrator Tom Anderson reported on the request made by the City of Bend. Matthew Stuart, City of Bend, explained the urban renewal process relative to the current request. DEBONE: Move approval of Resolution No. 2019-032 ADAIR: Second VOTE: DEBONE: Yes ADAI R: Yes HENDERSON: Chair votes yes. Motion Carried 10. Consideration of Board Signature of Order No. 2019-027, Appointment of County Surveyor County Engineer Cody Smith along with County Surveyor Mike Berry and Deputy County Surveyor Kevin Samuel presented. Mr. Smith noted that Mike Berry will be retiring later this month and requested Board consideration and action for the appointment of Kevin Samuel to the position of County Surveyor, effective July 1, 2019. ADAIR: Move approval of Order No. 2019-027 DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried 11. Government Finance Officers Association Awards Finance Director Wayne Lowry presented awards to Accounting Manager James Wood, and Budget Analyst Andrea Perkins for efforts in financial reporting and budgeting for Deschutes County BOCC MEETING JUNE 26, 2019 PAGE 3 OF 11 12. Consideration of Signature of Document No. 2019-523, Notice of Intent to Award Contract for Cell 8 Design and Construction Management Services to G. Friesen Associations, Inc. Solid Waste Director Timm Schimke reported on the subject project. Two responses to the request for proposals for the project were received. The lowest cost and highest scored proposal was submitted by Gary Friesen Associations, Inc. DEBONE: Move approval of Document No. 2019-523 ADAI R: Second VOTE: DEBONE: Yes ADAI R: Yes HENDERSON: Chair votes yes. Motion Carried 13. Consideration of Board Signature of Document No. 2019-517, Second Amendment to Deschutes County Contract No. 2017-090, Medical Examiner Services County Administrator Tom Anderson presented the amendment for consideration. ADAIR: Move approval of Document No. 2019-517 DEBONE: Second VOTE: ADAI R: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried Regarding Agenda Item #22, Public Hearing: Appeal of Marijuana Production Approval at 60148 Stirling Drive Bend, Commissioner Henderson made an BOCC MEETING JUNE 26, 2019 PAGE 4 OF 11 announcement in consideration of informing any member of the public that was interested in testifying. Isabella Liu, Associate Planner and Adam Smith, Assistant Legal Counsel reported on a pending request to continue the hearing. 14.PUBLIC HEARING: Consideration of Board Signature of Resolution No. 2019-015, Deschutes County FY 2020 Budget Adoption Finance Director Wayne Lowry presented the staff report. Commissioner Henderson opened the public hearing. Victim's Assistance Program Manager Ashley Beatty presented a special request for temporary help expenses for three months. Discussion held on the budget requests of the District Attorney's office. Commissioner DeBone would like to see coordinated efforts with the District Attorney's Office. ADAIR: Move approval of Resolution No. 2019-015 with amendment to add funding for $15,080 for Victims Assistance Program temporary help until the federal funding is received October 1, 2019 Discussion held on the possibility of finding funding within the current budget to cover the costs of the temporary help. No support and no second for the motion was received. Hearing no public testimony, Commissioner Henderson closed the public hearing. DEBONE: Move approval of Resolution No. 2019-015 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried BOCC MEETING JUNE 26, 2019 PAGE 5 OF 11 CONVENE AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT 15.PUBLIC HEARING: Consideration of Board Signature of Resolution No. 2019-016, Countywide Law Enforcement District FY 2020 Budget Adoption Finance Director Wayne Lowry presented the staff report. Commissioner Henderson opened the public hearing. Hearing no public testimony, Commissioner Henderson closed the public hearing. ADAIR: Move approval of Resolution No. 2019-016 DEBONE: Second VOTE: ADAIR: DEBONE: HENDERSON: Yes Yes Chair votes yes. Motion Carried CONVENE AS THE GOVERNING BODY OF THE RURAL LAW ENFORCEMENT DISTRICT 16.PUBLIC HEARING: Consideration of Board Signature of Resolution No. 2019-017, Rural Law Enforcement District FY 2020 Budget Adoption Finance Director Wayne Lowry presented the staff report. Commissioner Henderson opened the public hearing. Hearing no public testimony, Commissioner Henderson closed the public hearing. DEBONE: Move approval of Resolution No. 2019-017 ADAIR: Second VOTE: DEBONE: ADAIR: HENDERSON: Yes Yes Chair votes yes. Motion Carried BOCC MEETING JUNE 26, 2019 PAGE 6 OF 11 CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 9-1-1 SERVICE DISTRICT 17.PUBLIC HEARING: Consideration of Board Signature of Resolution No. 2019-018, Deschutes County 9-1-1 Service District FY 2020 Budget Adoption Finance Director Wayne Lowry presented the staff report. Commissioner Henderson opened the public hearing. Hearing no public testimony, Commissioner Henderson closed the public hearing. ADAIR: Move approval of Resolution No. 2019-018 DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY EXTENSION AND 4H SERVICE DISTRICT 18.PUBLIC HEARING: Consideration of Board Signature of Resolution No. 2019-019, Deschutes County Extension and 4H Service District FY 2020 Budget Adoption Finance Director Wayne Lowry presented the staff report. Commissioner Henderson opened the public hearing. Hearing no public testimony, Commissioner Henderson closed the public hearing. DEBONE: Move approval of Resolution No. 2019-019 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried BOCC MEETING JUNE 26, 2019 PAGE 7 OF 11 CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH SERVICE DISTRICT 19.PUBLIC HEARING: Consideration of Board Signature of Resolution No. 2019-020, Black Butte Ranch Service District FY 2020 Budget Adoption Finance Director Wayne Lowry presented the staff report. Commissioner Henderson opened the public hearing. Hearing no public testimony, Commissioner Henderson closed the public hearing. ADAIR: Move approval of Resolution No. 2019-020 DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 20.PUBLIC HEARING: Consideration of Board Signature of Resolution No. 2019-021, Sunriver Service FY 2020 Budget Adoption Finance Director Wayne Lowry presented the staff report. Commissioner Henderson opened the public hearing. Hearing no public testimony, Commissioner Henderson closed the public hearing. DEBONE: Move approval of Resolution No. 2019-021 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried BOCC MEETING JUNE 26, 2019 PAGE 8 OF 11 RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 21.PUBLIC HEARING: Consideration of Board Signature of Order No. 2019- 025, Surrendering jurisdiction of Portions of NW Pershall Way, NW 10th Street and Northwest Way to the City of Redmond, Oregon County Engineer Cody Smith presented the staff report. Commissioner Henderson opened the public hearing. Hearing no public testimony, Commissioner Henderson closed the public hearing. DEBONE: Move approval of Order No. 2019-025 ADAI R: Second VOTE: DEBONE: Yes ADAI R: Yes HENDERSON: Chair votes yes. Motion Carried 22.PUBLIC HEARING: Appeal of Marijuana Production Approval at 60148 Stirling Drive, Bend Isabella Liu, Associate Planner presented the hearing procedures. Upon no declaration of bias or conflicts and hearing no challenges, Commissioner Henderson opened the public hearing. Ms. Liu presented the staff report. Commissioner Henderson reported request was made by the applicant to continue this hearing for a later date. Applicant, Tommy Nehmzow requested the continuation of the hearing to July 24. The Board supported the request. Commissioner Henderson asked for public testimony. Liz Dickson, attorney representing the appellants noted they are agreeable to the continuation of the hearing to July 24. BOCC MEETING JUNE 26, 2019 PAGE 9 OF 11 No testimony was presented at the agenda published time of 12:00 noon. OTHER ITEMS: • Assistant Legal Counsel Adam Smith and Associate Planner Jacob Ripper presented the applicant's request to reopen the record on the Weisheit Marijuana Production Processing Application. Order No. 2019-029 reopening the record for the submittal of written materials on the subject application was presented for consideration. The deadline for the rebuttal period is Friday, June 28 at 5:00 p.m. Liz Dickson, represents the appellant and expressed opposition to extending the record. The Board did not support reopening the record. • County Administrator Anderson reported there area few Other Items for this meeting including Executive Sessions and review of the State of the County Address presentation. RECESS: The Board took a recess at 12:00 noon and was reconvened at 1:30 p.m. in the Allen Conference Room. OTHER ITEMS continued: • State of the County Address: Laura Skundrick, Administrative Assistant presented a revised slide presentation. The Board suggested further revisions. • County Administrator Anderson provided a status report on the request of Black Butte Ranch regarding the County's self-insurance health plan. • County Administrator Anderson presented continued discussion on the Project Wildfire Director contract which is expiring June 30. Discussion was held on the time frame to extend the contract or find the best direction for the County to fill this contract. Forest and fire concerns need to be a priority within Deschutes County. The Board supported a three-month contract BOCC MEETING JUNE 26, 2019 PAGE 10 OF 11 extension. During this three-month period further discussions will be held with the Board of County Commissioners and Budget Committee to review the needs of the County to best prepare for fire prevention and education. EXECUTIVE SESSION: At the time of 2:24 p.m. the Board went into Executive Session under ORS 192.660 (2) (h) Pending Litigation. The Board came out of Executive Session at 3:17 p.m. At the time of 3:17 p.m. the Board went into Executive Session under ORS 192.660 (2) (e) Property Negotiations. The Board came out of Executive Session at 3:46 p.m. At the time of 3:47 p.m. the Board went into Executive Session under ORS 192.660 (2) (e) Property Negotiations. The Board came out of Executive Session at 3:59 p.m. At the time of 4:00 p.m. the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 4:12 p.m. EEI , Being no further items to come before the Board, the meeting was adjourned at 4:13 p,m. ANTHONY DEBONE, COMMISSIONER SECRETARYRECORDING BOCC MEETING JUNE 26, 2019 PAGE 11 OF 11 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 10:00 AM, WEDNESDAY, JUNE 26, 2019 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www.deschutes.org/meetin.zs. 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 Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT CONSENT AGENDA 1. Consideration of Board Signature of Document No. 2019-314, Agreement with the Heart of Oregon for Operational Assistance 2. Consideration of Board Signature of Document No. 2019-479, Denial of a Marijuana Production Proposal at 25606 Alfalfa Market Road. 3. Consideration of Board Signature of Document No. 2019-516, a Quitclaim Deed. 4. Consideration of Board Signature of Document No. 2019-520, Special Transportation Fund Grant Agreement Board of Commissioners BOCC Meeting Agenda Wednesday, June 26, 2019 Page 1 of 4 5. Consideration of Board Signature of Document 2019-521, a Bargain and Sale Deed from Deschutes County to Pahlisch Homes. 6. Consideration of Signature of Order No. 20197026 Cancelling Uncollectible Personal Property Taxes of $31,828.95 7. Consideration of Board Signature of Resolution No. 2019-024, Budget Adjustments in the General Fund (Non -Departmental Program) and the Surveyor Fund. 8. Consideration of Board Signature of Resolution No. 2019-035 Budget Adjustment in the Fair and Expo Center Fund. ACTION ITEMS 9. 10:15 AM Consideration of Board Signature of Resolution No. 2019-032, Approving the First Amendment to the juniper Ridge Urban Renewal Plan - Tom Anderson, County Administrator 10. 10:35 AM Consideration of Board Signature of Order No. 2019-027, Appointment of County Surveyor - Chris Doty, Road Department Director 11. 10:45 AM Government Finance Officers Association Awards - Wayne Lowry, Finance Director/Treasurer 12. 11:00 AM Consideration of Signature of Document No. 2019-523, Notice of Intent to Award Contract for Cell 8 Design and Construction Management Services to G. Friesen Associates, Inc. - Timm Schimke, Director of Solid Waste 13. 11:10 AM Consideration of Board Signature of Document No. 2019-517 - Second Amendment to Deschutes County Contract No. 2017-090 - Medical Examiner Services - Tom Anderson, County Administrator 14. 11:20 AM PUBLIC HEARING Consideration of Board Signature of Resolution No. 2019-015 Deschutes County FY 2020 Budget Adoption - Wayne Lowry, Finance Director/Treasurer 15. PUBLIC HEARING Consideration of Board Signature of Resolution No. 2019-016, Countywide Law Enforcement District FY 2020 Budget Adoption - Wayne Lowry, Finance Director/Treasurer Board of Commissioners BOCC Meeting Agenda Wednesday, June 26, 2019 Page 2 of 4 16. PUBLIC HEARING Consideration of Board Signature of Resolution No. 2019-017 Rural Law Enforcement District FY 2020 Budget Adoption - Wayne Lowry, Finance Director/Treasurer 17. PUBLIC HEARING Consideration of Board Signature of Resolution No. 2019-018 Deschutes County 9-1-1 Service District FY 2020 Adopted Budget - Wayne Lowry, Finance Director/Treasurer 18. PUBLIC HEARING Consideration of Board Signature of Resolution No. 2019-019 Deschutes County Extension and 4-H Service District FY 2020 Budget Adoption - Wayne Lowry, Finance Director/Treasurer 19. PUBLIC HEARING Consideration of Board Signature of Resolution No. 2019-020 Black Butte Ranch Service District FY 2020 Budget Adoption - Wayne Lowry, Finance Director/Treasurer 20. PUBLIC HEARING Consideration of Board Signature of Resolution No. 2019-021 Sunriver Service District FY 2020 Budget Adoption - Wayne Lowry, Finance Director/Treasurer 21. 11:50 AM PUBLIC HEARING: Board Consideration of Order No. 2019-025, Surrendering Jurisdiction of Portions of NW Pershall Way, NW 10Th St, and Northwest Way to the City of Redmond, Oregon -Cody Smith, County Engineer 22. Public Hearing: Appeal of Marijuana Production Approval at 60148 Stirling Drive, Bend. - Isabella Liu, Associate Planner LUNCH RECESS 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. Board of Commissioners BOCC Meeting Agenda Wednesday, June 26, 2019 Page 3 of 4 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. This event/location is accessible to people with disabilities. If you need ® accommodations to make participation possible, please call (department Admin contact) (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 Wednesday, June 26, 2019 Page 4 of 4 E S C0G 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 Wednesday Meeting of June 26, 2019 DATE: June 19, 2019 FROM: Jacob Ripper, Community Development, 541-385-1759 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2019-479, Denial of a Marijuana Production Proposal at 25606 Alfalfa Market Road. BACKGROUND AND POLICY IMPLICATIONS: The Board will consider for signature a written decision denying a request for marijuana production at the subject property. On May 8, May 15, and June 5, 2019, the Board deliberated on this matter and instructed staff to draft a denial decision in response to an appeal of an Administrative Determination that had approved the application. On June 24, 2019, the Board will hold a meeting to discuss the draft decision prepared by staff. If edits to the draft decision are requested by the Board at that June 24 meeting, those edits will be made prior to this June 26 meeting. Any updated version of the decision that differs from the decision attached to this memo will be provided to the Board and available to the public at this meeting as well as online. The original file number is 247 -18 -000890 -AD and the appeal file number is 247-19-000161-A. The 150 -day period for issuance of a final local decision ends July 9, 2019. FISCAL IMPLICATIONS: None ATTENDANCE: Jacob Ripper, AICP, Senior Planner 01� ES C COMMUNITY DEVELOPIVIENT STAFF MEMORANDUM DATE: June 19, 2019 TO: Deschutes County Board of Commissioners FROM: Jacob Ripper, AICP, Senior Planner RE: Final decision denying a marijuana production proposal at 25606 Alfalfa Market Road. Background Information APPLICANT: Cameron Yee APPELLANT: Daniel Tye Purpose The Board will consider for signature a written decision denying a request for marijuana production at the subject property. On May 8, May 15, and June 5, 2019, the Board deliberated on this matter and instructed staff to draft a denial decision in response to an appeal of an Administrative Determination that had approved the application. On June 24, 2019, the Board will hold a meeting to discuss the draft decision prepared by staff. If edits to the draft decision are requested by the Board at that June 24 meeting, those edits will be made prior to this June 26 meeting. Any updated version of the decision that differs from the decision attached to this memo will be provided to the Board and available to the public at this meeting as well as online. The original file number is 247 -18 -000890 -AD and the appeal file number is 247-19-000161-A. The 150 -day period for issuance of a final local decision ends July 9, 2019. Attachments: 1. BOCC Decision (as of June 19, 2019) 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd DIES C L\Xt 0G oDeschutes 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 Wednesday Meeting of June 26, 2019 DATE: June 17, 2019 FROM: Wayne Lowry, Finance, 541-388-6559 TITLE OF AGENDA ITEM: Government Finance Officers Association Awards RECOMMENDATION & ACTION REQUESTED: We recommend that the Board of County Commissioners recognize James Wood, Accounting Manager and Loni Burk, Previous Budget Analyst for their award winning efforts in financial reporting and budgeting for Deschutes County. Andrea Perkins, our current Budget Analyst will accept the award on behalf Loni Burk. BACKGROUND AND POLICY IMPLICATIONS: The County participates in two programs sponsored by the Government Finance Officers Association (GFOA). The first is the Certificate of Excellence in Financial Reporting. This program evaluates the annual financial report known as the CAFR against a set of national criteria for governmental financial reporting. The second is the Distinguished Budget Presentation Award. This program evaluates the County's budget document against a set of national criteria that includes content related to budget and financial policies, financial planning, operations and communications. Wayne will address both awards and present the CAFR award to James Wood, Accounting Manager in the Finance Dept and the Budget award to Andrea Perkins, County Budget Analyst, on behalf of Loni Burk, Budget Analyst last year. FISCAL IMPLICATIONS: Continued participation in these programs enhances our financial reporting and budgeting practices and aids in the maintenance of the County's bond ratings. ATTENDANCE: Wayne Lowry, James Wood and Andrea Perkins. Government 11nance. Officers Association 203 North LaSalle Street, Suit.c� 2700 Chicago, Illinois 60601-1210 312.977.9700 Jaa: 312.977,4806 x, May 10, 2019 Board of County Commissioners Board of County Commissioners Deschutes County PO Box 6005 Bend, OR 97708-6005 Dear Board of County Commissioners: We are pleased to notify you that your comprehensive annual financial report (CAFR) for the fiscal year ended 2018 qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. This award has been sent to the submitter as designated on the application. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed to assist with this effort. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Michele Mark Levine Director, Technical Services Center GOVERNMENT FINANCE OFFICERS ASSOCIATION "I"N"EWS IMLEASE FOR IMMEDIATE RELEASE 05/10/2019 For more information contact: Michele Mark Levine, Director/TSC Phone: (312) 977-9700 Fax: (312) 977-4806 E-mail: mlevine@gfoa.org (Chicago, Illinois) --The Certificate of Achievement for Excellence in Financial Reporting has been awarded to Deschutes County by Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s) or department designated by the government as primarily responsible for preparing the award-winning CAFR. The CAFR has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. Government Finance Officers Association is a major professional association servicing the needs of over 20, 000 appointed and elected local, .state, and provincial -level government officials and other finance practitioners. It provides top quality publications, training programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management. The association is headquartered in Chicago, Illinois, with offices in Washington, D.C. 203 NORTH LASALLE STREET, SUITE 2700, CHICAGO, ILLINOIS 60601-1210 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 Jax:312.977.4806 January 10, 2019 Wayne Lowry Finance Director and County Treasurer Deschutes County 1300 Northwest Wall St. Ste. 200 Bend, OR 97701 Dear Mr. Lowry: We are pleased to inform you, based on the examination of your budget document by a panel of independent reviewers, that your budget document has been awarded the Distinguished Budget Presentation Award from Government Finance Officers Association (GFOA) for the current fiscal period. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant achievement by your organization. The Distinguished Budget Presentation Award is valid for one year. To continue your participation in the program, it will be necessary to submit your next annual budget document to GFOA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budget's final adoption. A Distinguished Budget Program application is posted on GFOA's website. This application must be completed and accompany your next submission. (See numbers 12 and 13 on page 2 of the application for fee information and submission instructions.) Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for: Finance Department Continuing participants will find a brass medallion enclosed with these results. First-time recipients will receive an award plaque that will be mailed separately and should arrive within eight to ten weeks. Also enclosed is a camera-ready reproduction of the award for inclusion in your next budget. If you reproduce the camera-ready image in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used: Washington, DC Office Federal Liaison Center, 660 North Capitol Street, NW, Suite 4-10 • Washington, DC 20001 O 202.393.8020 fax: 202.393.0780 www.gfoa.org Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 Wavne Lowry January 10, 2019 Page 2 Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to Deschutes County, Oregon, for its Annual Budget for the fiscal year beginning July 1, 2018. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as a financial plan, as an operations guide, and as a communications device. This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. A press release is enclosed. Upon request, GFOA can provide a video from its Executive Director congratulating your specific entity for winning the Budget Award. We appreciate your participation in this program, and we sincerely hope that your example will encourage others in their efforts to achieve and maintain excellence in governmental budgeting. The most current list of award recipients can be found on GFOA's website at www.gfoa.org. If we can be of further assistance, please contact the Technical Services Center at (312) 977-9700. Sincerely, Michele Mark Levine Technical Services Center Enclosure Washington, DC Office Federal Liaison Center, 660 North Capitol Street, NW, Suite 410 • Washington, DC 20001 a 202.393.8020 fax: 202.393.0780 www.gfoa.org Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 'ax: 312.977.4806 FOR IMMEDIATE RELEASE January 10, 2019 For more information, contact: Technical Services Center Phone: (312) 977-9700 Fax: (312)977-4806 E-mail: budgetawards@gfoa.org (Chicago, Illinois) --Government Finance Officers Association is pleased to announce that Deschutes County, Oregon, has received GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: ■ a policy document ■ a financial plan ■ an operations guide ■ a communications device Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories, to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for having achieved the award. This has been presented to Finance Department. There are over 1,600 participants in the Budget Awards Program. The most recent Budget Award recipients, along with their corresponding budget documents, are posted quarterly on GFOA's website. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Government Finance Officers Association is a major professional association servicing the needs of more than 19, 000 appointed and elected local, state, and provincial -level government officials and other finance practitioners. It provides top quality publications, training programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management. The association is headquartered in Chicago, Illinois, with offices in Washington D. C, Washington, DC Office Federal Liaison Center, 660 North Capitol Street, NW, Suite 410 • Washington, DC 20001 ® 202.393,8020 fax: 202.393.0780 www.gfoa.org 9 0 Q I YU ts d (U A^ a o U C7bo,T (3 y s� z a o� d aT b4 C h m � PO '�SsVj3 v eo Zs . cs 1. OU O O O O � Q 't3 "Zi SZ,o 0 Q t3 -Z � It ?��IE blO bo Z w � � w Ca "a 4 •tib d� h bq zw h , N y,, O O Q O p•ti b0 O y b IN �✓ cs o� .^. b0 ti ami F•"� ry b°o A •o ° W E S CSG 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 Wednesday Meeting of June 26, 2019 DATE: June 19, 2019 FROM: Isabella Liu, Community Development, TITLE OF AGENDA ITEM: Public Hearing: Appeal of Marijuana Production Approval at 60148 Stirling Drive, Bend. BACKGROUND AND POLICY IMPLICATIONS: The Deschutes Board of County Commissioners ("Board") will hold a public hearing on June 26, 2019, to consider an appeal filed by appellants Keith & Kristin Adams, represented by Attorney Liz Dickson in response to an administrative decision approving a marijuana production facility proposed by applicant Tommy Nehmzow, represented by Attorney Michael Hughes. The subject property is located at 60148 Stirling Drive and is zoned Exclusive Farm Use. The appeal materials identify four concerns regarding County regulations and impacts to the surrounding area. The Board issued an order on May 21, 2019, to call up the matter for their review if an appeal was filed. An appeal was timely filed on May 28, 2019. FISCAL IMPLICATIONS: None ATTENDANCE: Izze Liu, Associate Planner E$ :0110 AAA. DATE: June 26, 2019 MEMORANDUM TO: Board of County Commissioners FROM: Izze Liu, Associate Planner Es `rfh, tJl..}I F� i VF �F Ji fki 't RE: Public Hearing for an appeal of an Administrative Determination for marijuana production. File No. 247-19-000431-A (appeal of 247 -18 -000915 -AD). I. Purpose The Deschutes Board of County Commissioners ("Board") will hold a public hearing on June 26, 2019, to consider an appeal filed by appellants Keith and Kristin Adams, represented by Attorney Liz Dickson in response to an administrative decision approving a marijuana production facility proposed by applicant Tommy Nehmzow, represented by Michael Hughes. The subject property is located at 60148 Stirling Drive and is zoned Exclusive Farm Use. The appeal materials identify four concerns regarding County regulations, state regulations, and impacts to the surrounding area. The Board issued an order on May 21, 2019', to call up the matter for their review if an appeal was filed. An appeal was timely filed on May 28, 2019. This memorandum only intends to provide discussion and clarification from staff for the Board to consider in respect to the appellants' objections, the administrative approval, and the applicable criteria. 11. Record The record, in its entirety, was presented to the Board as attachments to the May 21 St Staff Memo regarding the work session held on May 21St to consider an order to hear a potential appeal of this application. The appeal documents were presented to the Board on June 10th for the work session held on June 24th to prepare for the public hearing. 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 is located in the Board offices so that it is accessible at any time and the Board may reference it at the public hearing and any other meeting. 1 Order No. 2019-014 III. Decision, Notice, and Timeline The Planning Division issued the administrative decision on May 13, 2019, determining the proposal met the approval criteria. A Notice of Decision was sent to neighboring property owners and those who submitted comments and provided a mailing address. The administrative decision was timely appealed on May 28, 2019. A Notice of Public Hearing was mailed on May 30, 2019. The statutory time period for issuance of a final local decision ends on July 22, 2019, unless this period is further extended by the applicant. IV. Objection Summary The appellant states four reasons for the appeal, which are fully described in the Notice of Appeal materials in the record and previously presented to the Board. The appeal topics are summarized below: 1. Oregon Land Conservation and Development Commission Administrative Rules are not addressed. 2. Findings related to ORS 215.243 are incomplete. 3. Findings related to Statewide Planning Goals are incomplete. 4. Proximity to a possible youth activity center. V. Discussion of Objections 4. Proximity to a possible youth activity center. Section 18.16.330(B)(6)(a)(iv) requires that the applicant's property line must be at least 1,320 feet from a youth activity center. A youth activity center ("YAC") is not defined in the Deschutes County Code. A property immediately east and north of the subject property has been verified as a nonconforming recreational community (18-13-00-6005, "Sundance Meadows") which contains a number of regularly -used amenities that are typically enjoyed by the members and guests of all ages. In a recent YAC -related Board decision for High Desert Nectar LLCZ, the Board found monthly 4-H meetings did not rise to the level of a YAC. 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. 2 See Doc. No. 2018-777. File Nos. 247 -18 -000051 -AD, 792-A (High Desert Nectar LLC, approved 2-1). 247-19-000-431-A (247 -18 -000915 -AD) Based on High Desert Nectar, staff determined that seasonal field trips were not a permitted, licensed, or certified facility or "center" and did not constitute a YAC. A more recent Board decision for Waveseer of Oregon LLC3 was issued February 22, 2019. In Waveseer the Board found weekly youth -oriented equestrian activities at a ranch as well as regular 4-H meetings constituted YACs on neighboring properties. VI. CONCLUSION & NEXT STEPS The statutory time period for issuance of a final local decision ends July 22, 2019. As of the date of the public hearing Qune 26, 2019), there will be 26 days left on the timeline. At the conclusion of the hearing, the Board may choose to: 1. Close the record and begin deliberations. 2. Leave the record open until a date certain for additional written evidence or testimony. 3. Continue the public hearing to a date certain. VII. RECORD ATTACHMENTS The following attachments are the only documents that have been entered into the record after presenting the Notice of Appeal documents to the Board for the work session on June 24th for the public hearing preparation. 1. 2019-05-30 - Notice of Public Hearing 2. 2019-05-30 - Bulletin Affidavit 3 See Doc. No. 2019-099. File Nos. 247 -18 -000128 -AD, 477 -LR, 877 -LL, 899-A (Waveseer of Oregon LLC, denied 2-0 (one commissioner absent)). 247-19-000-431-A (247 -18 -000915 -AD) Affidavit of Publication STATE OF OREGON, COUNTY OF DESCHUTES 1, Antonio Carrera-Garcia, a citizen of the United State and a resident of the county aforesaid; I am over the age of eighteen years, and not part to or interested in the above -entitled matter. I am the principal clerk of the printer of The Bulletin 1777 SW CHANDLER AVE, BEND OR 97702 a daily newspaper of general circulation, published in the aforesaid county and state as defined by ORS 192.010 and ORS 192.020, that Acct Name: DESCHUTES COUNTY COMMUNITY DEV. Case: Legal Description: Legal Notice NOTICE OF PUBLIC HEARIN a printed copy of which is hereto affixed was published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates to wit: 06/01/2019 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Bend, Oregon, this 4th day of June, 2019 Y V l" _ Signature AdName: 101293 State of Oregon, County of Deschutes y� Subscribed and Sworn to before me this day of��0 by OFFICWL STAMP ALYSHIA VALDEZ 1 NOTARY PUBLIC -OREGON COMMISSION NO. W0314 MY COMMISSION EXPIRES OCTOBER 21, 2022 Notary Public Oregon No. In the Court of the STATE OF OREGON for the COUNTY OF DESCHUTES AFFIDAVIT OF PUBLICATION Filed By From the office of Attorney for LAST WEEK'S SOLUTION In print and online with the Bulletin's Classifieds. SeH your stuff faster with r�Mor. FOR MST ADD' MONA-1 S1 PER OAT ssil-leas NOTICE OF PUBLIC HEARING The Deschutes County Board of Commissioners will hold a public hearing on June 26, 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 -18 -000915 -AD (Appeal File No. 247-19-000431-A) APPLICANT: Tommy Nehmzow OWNER: Gary & Lori Gore SUBJECT: Appeal of an approved Administrative Determination to establish a marijuana production facility in the Exclusive Farm Use Zone. LOCATION: The subject property has an assigned address of 60148 Stirling Drive, Bend; and is further identified on County Assessor's Map 18-13-30 as tax lot 500. HEARING PROCEDURES: Pursuant to DCC 22.24.070, the Board has determined the public hearing will be conducted as detailed below: The applicant, Tommy Nehmzow, will be given thirty (30) minutes for opening testimony; The appellants, Keith and Kristin Adams, will be given thirty (30) minutes for opening testimony; • Public testimony will be limited to three (3) minutes for each individual STAFF CONTACT: Izze Liu, Associate Planner, isabella.liu@deschutes.org, (541) 388-6554 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 18.16, Exclusive Farm Use (EFU) Zone. Chapter 18.116, Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd 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 (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, Izze Liu 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. 247 -18 -000915 -AD (Appeal File No. 247-19-000431-A) Page 2 of 3 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 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 21S REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24. 247 -18 -000915 -AD (Appeal File No. 247-19-000431-A) Page 3 of 3 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Re -opening the Record for the Submittal of Written Materials on File Numbers * ORDER NO. 2019-029 247 -18 -000504 -AD, 247 -18 -000505 -AD, 247 -18- 000506 -SP and 247-19-000178-A WHEREAS, the Appellant, Rowan Hollitz, appealed the Planning Division's decision in application numbers 247 -18 -000504 -AD, 247 -18 -000505 -AD, 247 -18 -000506 -SP; and Whereas, the Board of County Commissioners ("Board") agreed to hear this appeal, file number 247-19- 000178-,, de novo under Order No. 2019-004; and WHEREAS, the Board conducted a public hearing and established post -hearing periods, for the submittals of written materials; and WHEREAS, the Applicant, Mark Weisheit, has agreed to extend the land use clock by 87 days pursuant to an email exchange with Mr. Weisheit ("Weisheit email exchange"), and attached as Exhibit A to this Order, making the last day on which the County shall take final action on these applications November 15, 2019; and WHEREAS, the Applicant has requested a re -opening of the public hearing record for the submittal of written materials via the Weisheit email exchange, and WHEREAS, the Board has determined that additional testimony and information regarding this matter is of paramount importance in this proceeding; and WHEREAS, the Board may at its discretion reopen the record in accordance with DCC 22.24.160; and, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The record on file numbers 247 -18 -000504 -AD, 247 -18 -000505 -AD, 247 -18 -000506 -SP and 247-19-000178-A shall be reopened on September 23, 2019, for written evidence and argumentation. Section 2. The written record for all parties for new evidence and argumentation is extended to 5:00 p.m. September 30, 2019, but only for written evidence and argumentation. Section 3. The written record of all parties is extended to 5:00 p.m. October 7, 2019, but only for response to the evidence and argumentation per Section 2. Section 4. The written record for final argument by the Applicant is extended to 5:00 p.m. October 14, 2019. Section 5. The Planning Division shall give written notice to all parties that the record is being reopened, in accordance with DCC 22.24.160(B)(2). Page 1 of 2- ORDER NO. 2019-029 Dated this of June, 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary PHILIP G. HENDERSON, Chair PATTI ADAIR, Vice Chair ANTHONY DEBONE, Commissioner EXHIBIT A — Weisheit email exchange dated June 26, 2019 Page 2 of 2- ORDER NO. 2019-029 EXHIBIT A Jacob Ripper From: Jacob Ripper Sent: Wednesday, June 26, 2019 8:00 AM To: 'Mark Weisheit'; 'Stephanie Marshall'; Adam Smith Subject: RE: Weisheit Applications - Request for Extension of Record Importance: High Mark, Thank you for your email. According to my records, the clock has already been extended by 128 days. Pursuant to DCC 22.20.040(C) and ORS 215.427(5) the 150 -day clock can only be extended by a total of 215 days, which leaves 87 days left, just short of three months. If September 30 were the reopening date, that doesn't leave enough time for the Board to deliberate, staff to write a decision, and bring the decision back for edits and signature by the Board. I'd proposed reopening the record one week earlier on September 23. Please confirm ASAP as we will draft the order this morning and attempt to bring this before the Board today. Thank you, Jacob Ripper AICP ( Senior Planner 117 NW Lafayette Ave I Bend, Oregon 97708 Tel: (541) 385-1759 ( Mail: PO Box 6005, Bend, OR 97708 U 10 E3 Let us know how we're doing: Customer Feedback Survey Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Mark Weisheit <mweishe@yahoo.com> Sent: Tuesday, June 25, 2019 7:48 PM To:'Stephanie Marshall' <stephanie@bennulaw.com>; Adam Smith <Adam.Smith@deschutes.org>; Jacob Ripper <Jacob.Ripper@deschutes.org> Subject: RE: Weisheit Applications - Request for Extension of Record Hello Jacob and Adam, Apologies for not following protocol here, but we are trying to save money on legal costs. I will confer with Stephanie in the morning, but given the time -sensitivity, and to try to get the ball rolling, please consider this formal notice that we would like to toll the clock and re -open the record. Given that the DA has not yet concluded his investigation into the La Pine incident, we (the applicants) request that the Board further table its deliberations at this point, and extend the clock for 3 months (pursuant to DCC 22.24.160), to provide ample time for a decision to be made on charges associated with the La Pine incident. Based on this timeline, the applicants propose re -opening the record on Monday, September 30, 2019, followed by a 7-7-7 extended record and final argument schedule. If a decision is made public sooner than that, then the applicants would alert you (and the Board and Counsel Smith), and request that a 7-7-7 extended record and final argument schedule commence sooner than September 30, 2019. Thank you, Mark Weisheit & Elizabeth Weisheit