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2019-394-Minutes for Meeting August 07,2019 Recorded 9/18/2019BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 11:30 AM Recorded in Deschutes County CJ2019-394 Nancy Blankenship, County Clerk Commissioners' Journal 09/18/2019 9:01:19 AM r QQ1 2019-394 WEDNESDAY, August 70 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 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://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Henderson called the meeting to order at 11:30 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: The Commissioners commented on the Deschutes County Fair activities last week. Commissioner Adair recognized Purple Heart Day. BOCC MEETING AUGUST 7, 2019 PAGE 1 OF 8 CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner DeBone read revisions into the record regarding Item 11. Commissioner Adair requested to pull Item 2 for discussion and Commissioner DeBone requested to pull Items 1 and 3 for discussion. DEBONE: Move approval of the Consent Agenda minus Items 1, 2, and 3 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried Consent Agenda Items: 1. Consideration of Board Signature of Document No. 2019-237, Amendment to Deschutes County 9-1-1 Operating Agreement 2. Consideration of Board Signature of Document No. 2019-461, Marc Williams, MD Services Agreement 7 f ---,;r4 ,tir� n of Dr%nrr4 Cirrnntl lro of flnrl lmont Nn ')01 A -AOI nn Darcement J. \.VI IJIUCI atio l V L.J%JUI U .JI51IULUI %- VI VVl.ldI I Il.l It —W -LV 1 J -, NI bbl with Oregon Department of Transportation for Maintenance of Traffic Signals on County Roads 4. Consideration of Board Signature of Document No. 2019-619, a Quitclaim Deed for Steven Senger 5. Consideration of Board Signature of Order No. 2019-034, Designating the Deschutes County Legal Counsel to Represent the State's Interest in Civil Commitment Proceedings. 6. Consideration of Board Signature on Letter Thanking Lindsey Lombard for Service on the Deschutes County Audit Committee 7. Consideration of Board Signature on Letter Appointing Ruth Keller to the Howell's Hilltop Acres Special Road District Board 8. Consideration of Board Signature on Letter Thanking Bill Welch for Service on the Howell's Hilltop Acres Special Road District Board 9. Consideration of Board Signature on Letter Reappointing Rodney Dieckhoff to the Deschutes River Recreation Homesites Special Road District Board #1 10.Consideration of Board Signature on Letter Appointing Heather Leeder to the Vandevert Acres Special Road District 11.Approval of Minutes of the)une 24, 2019 BOCC Meeting BOCC MEETING AUGUST 7, 2019 PAGE 2 OF 8 12.Approval of Minutes of the July 8, 2019 BOCC Meeting 13.Approval of Minutes of the July 22, 2019 BOCC Meeting 14.Approval of Minutes of the July 24, 2019 BOCC Meeting ACTION ITEMS: ConsentAgenda Item 1 as pulled for discussion: Consideration of Board Signature of Document No. 2019-237, Amendment to Deschutes County 9-1-1 Operating Agreement Sara Crosswhite, 911 Director presented the item for consideration. DEBONE: Move approval of Document No. 2019-237 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes "CAI MEnct"NAI: f -k -s it v�tnc- hoc- KA^tinn rnrrineA 1-1LIVVLIX.7VIVLIIQII VVLGJY/CO. IV1%JUV1I %.-UlI1%-%.d ConsentAgenda Item 2 as pulled for discussion: Consideration of Board Signature of Document No. 2019-461, Marc Williams, MD Services Agreement Commissioner Adair pointed out discrepancies in the insurance certificate compared to the contract and requested clarification in the document. ADAIR: Move approval of Document No. 2019-461 upon noted clarification DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried BOCC MEETING AUGUST 7, 2019 PAGE 3 OF 8 Consent Agenda Item 3 as pulled for discussion: Consideration of Board Signature of Document No. 2019-603, an Agreement with Oregon Department of Transportation for Maintenance of Traffic Signals on County Roads County Engineer Cody Smith presented the document for consideration. DEBONE: Move approval of Document No. 2019-603 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried 15.PUBLIC HEARING: Board Consideration of Order No. 2019-030 Surrendering jurisdiction of Old Main Ct to the City of La Pine, Oregon �,.. ,-., r7-- r--4- Cr ;*-h r�roc�ar1torl 1 -ho ctnff ronnrt nn tha itam County Li 1r,1 neCI I.UUy JI I Illl I NI CACI ILv %A J tAI I 1 l Jaw v11— - V.... Commissioner Henderson opened the public hearing. Mr. Smith reported there were no written comments received on this matter. Commissioner DeBone advocates for a public parking area in that location. ADAIR: Move approval of Order No. 2019-030 DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried 16. Consideration of Chair Signature of Document No. 2019-621, Notice of Intent to Award for HVAC System Facilities Director Lee Randall presented the item for consideration. BOCC MEETING AUGUST 7, 2019 PAGE 4 OF 8 ADAI R: Move approval of Document No. 2019-621 DEBONE: Second VOTE: ADAI R: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried 17. Consideration of Request to Apply for Central Oregon Health Council Regional Health Improvement Funding for Deschutes County Stabilization Center Health Services Program Manager Holly Harris asked the Board for consideration of approval to apply for grant funds. Commissioner Henderson acknowledged Commissioner Adair's efforts in locating this particular grant funding source. DEBONE: Move approval of grant application A r -%A If]. cam'-�r�A tALJ/A R. xwi iu VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried 18.Reopen Deliberations and Consideration of Document No. 2019-605, Denial of a Marijuana Production Proposal at 24540 Walker Road Jacob Ripper, Community Development Department planner presented the item for consideration. The decision matrix was reviewed and revisions were recommended for the findings and decision document. Staff will make the directed revisions and bring the document back to the Board later today. BOCC MEETING AUGUST 7, 2019 PAGE 5 OF 8 19. Deliberations: Reconsideration of Marijuana Text Amendments Tanya Saltzman, Community Development Department planner and Assistant Legal Counsel Adam Smith presented the item for consideration. The Board deliberated the marijuana text amendment item and potential Opt Out which would place the item on the November 2020 General Election. County Counsel Doyle reported there are multiple categories to consider for Opt Out within the unincorporated county as well as the timing for when the Opt -Out would become effective. The Opt -Out decision would essentially create a moratorium pending voter review in 2020. Commissioners Debone and Adair support an Opt -Out and also support withdrawing the challenged MJ text amendments. The Board acknowledged the negative impact of marijuana facilities on the Deschutes County rural residents. Commissioner Henderson supports continuing forward with the MJ text amendments and supplementing the record on appeal in the event that the vote in 2020 does not support opting out. The Board directed staff to present documents specific to an Opt -Out at the BOCC Meeting on Monday, August 19. The Board expressed support of adopting the Ordinance by emergency. RECESS: At the time of 1:26 p.m. the Board took a recess and the meeting was reconvened at 1:49 p.m. Continued discussion on Item # 18: Reopen Deliberations and Consideration of Document No. 2019-605, Denial of a Marijuana Production Proposal at 24540 Walker Road Community Development Department planner Jacob Ripper presented the revised document as directed by the Board. ADAIR: Move approval of Document No. 2019-605 DEBONE: Second BOCC MEETING AUGUST 7, 2019 PAGE 6 OF 8 VOTE: ADAI R: DEBONE: HENDERSON: OTHER ITEMS: Yes Yes Chair votes yes. Motion Carried • Commissioner DeBone reported on a sponsorship request from East Cascades Works in the amount of $500. ADAI R: Move approval of support in the amount of $300 DEBONE: Second VOTE: ADAI R: DEBONE: HENDERSON: Yes Yes Chair votes yes. Motion Carried /'... .... A..I r.nir. �r-trn Ari,--,,^" r ror�tor`) n Arnf* mootincT nrTnr-wi fnr the • -oul Ity /'Nor III ist ator PV i de, so,, pi ese i e -d a ui cAl L I1 i�.�.��i 16 u6� 1 ,ua ' W� a .. August 20 Joint Meeting with the BOCC and City of Bend. Commissioner DeBone suggested adding a discussion on accessory dwelling units. Recommendations for revisions were made. RECESS: At the time of 2:08 p.m., the Board took a recess and reconvened the meeting in the Allen Conference Room at 2:37 p.m. EXECUTIVE SESSION: At the time of 2:39 p.m. the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 2:57 p.m. 6OCC MEETING AUGUST 7, 2019 PAGE 7 OF 8 Being no further items to come before the Board, the meeting was adjourned at 2:58 p.m. e PATTI ADAIR, VICE CHAIR ATTE 44k)��---- - %tl�l -ANTHONY DEBONE, COMMISSIONER BOCC MEETING AUGUST 7, 2019 PAGE 8 OF 8 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 / (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 11:30 AM, WEDNESDAY, AUGUST 7, 2019 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT CONSENT AGENDA 1. Consideration of Board Signature of Document No. 2019-237, Amendment to Deschutes County 9-1-1 Operating Agreement 2. Consideration of Board Signature of Document No. 2019-461, Marc Williams, MD, Services Agreement 3. Consideration of Board Signature of Document No. 2019-603, an Agreement with Oregon Department of Transportation for Maintenance of Traffic Signals on County Roads 4. Consideration of Board Signature of Document No. 2019-619, a Quitclaim Deed for Steven Senger 5. Consideration of Board Signature of Order No. 2019-034, Designating the Deschutes County Legal Counsel to Represent the State's Interest in Civil Commitment Proceedings Board of Commissioners BOCC Meeting Agenda Wednesday, August 7, 2019 Page 1 of 3 6. Consideration of Board Signature on Letter Thanking Lindsey Lombard for Service on the Deschutes County Audit Committee 7. Consideration of Board Signature on Letter Appointing Ruth Keller to the Howell's Hilltop Acres Special Road District Board 8. Consideration of Board Signature on Letter Thanking Bill Welch for Service on the Howell's Hilltop Acres Special Road District Board 9. Consideration of Board Signature on Letter Reappointing Rodney Dieckhoffto the Deschutes River Recreation Homesites Special Road District Board #1 10. Consideration of Board Signature on Letter Appointing Heather Leeder to the Vandevert Acres Special Road District 11.Approval of Minutes of the June 24, 2019 BOCC Meeting 12.Approval of Minutes of the July 8, 2019 BOCC Meeting 13.Approval of Minutes of the July 22, 2019 BOCC Meeting 11 4.Approval of Minutes of the July 24, 2019 BOCC Meeting ACTION ITEMS 15. 11:40 AM PUBLIC HEARING: Board Consideration of Order No. 2019-030, Surrendering Jurisdiction of Old Main Ct to the City of La Pine, Oregon - Cody Smith, County Engineer 16. 11:50 AM Consideration of Chair Signature of Document No. 2019-621, Notice of Intent to Award for HVAC System - Lee Randall, Facilities Director 17. 12:00 PM Consideration of Request to Apply for Central Oregon Health Council Regional Health Improvement Funding for Deschutes County Stabilization Center - Holly Harris, 18.12:30 PM Reopen Deliberations and Consideration of Document No. 2019-605, Denial of a Marijuana Production Proposal at 24540 Walker Road. - Jacob Ripper, Senior Planner 19. 12:50 PM Deliberations: Reconsideration of Marijuana Text Amendments - Tanya Saltzman, Associate Planner Board of Commissioners BOCC Meeting Agenda Wednesday, August 7, 2019 Page 2 of 3 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. ADJOURN Board of Commissioners BOCC Meeting Agenda Wednesday, August 7, 2019 Page 3 of 3 ES CD 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 August 7, 2019 DATE: August 1, 2019 FROM: Holly Harris, Health Services, TITLE OF AGENDA ITEM: Consideration of Request to Apply for Central Oregon Health Council Regional Health Improvement Funding for Deschutes County Stabilization Center RECOMMENDATION & ACTION REQUESTED: Staff request approval to apply for Central Oregon Health Council (COHC) Regional Health Improvement Funds for the Deschutes County Stabilization Center BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Stabilization Center (DCSC) is scheduled to open in Spring 2020, to operate on weekdays during daylight hours. With the award of this grant, the DCSC would be able to open 24/7, 7 days per week. Deschutes County adopted the Stepping Up Initiative which is a national best practice aimed at reducing the number of individuals with a serious mental illness who end up in the criminal justice system. The DCSC is primarily aimed at addressing this issue as well and is support by Stepping Up as well as other best practice initiatives such as Crisis Intervention Teams and Sequential Intercept Mapping. The COHC funding opportunity meets the following priorities in the Health Services Strategic Plan: Goal 1.B., "Implement evidence -based programs and/or best practices in health promotion and prevention" and Goal 2. A., "Coordinate and integrate services through collaborative community partnerships." Data indicates that a significant number of individuals that come into contact with law enforcement have a mental health disorder. The U. S. Department of Justice reported that 1 in 7 state and federal prisoners (14%) and 1 in 4 jail inmates (26%) reported experiences that met the threshold for serious psychological distress. Approximately one quarter of a million individuals with serious mental illness are incarcerated at any given moment - about half arrested for non-violent offenses, such as trespassing or disorderly conduct. In addition, Deschutes County has been experiencing increases in opioid overdose related hospitalizations and opioid related deaths since 2001. Per Oregon Health Authority data, opioid overdose rates have more than doubled, increasing from 3.7 per 100,000 residents in 2002 to 9.9 per 100,000 residents in 2014. More alarming is that opioid related deaths have nearly tripled since 2001. In addition, Deschutes County is experiencing an alarming increase Fentanyl related deaths since 2016. FISCAL IMPLICATIONS: Total amount to be requested is $6,390,837 over three years: $1,993,253 in Year 1, $2,100,135 in Year 2 and $2,297,449 in Year 3. Please see detailed Project Budget attached. ATTENDANCE: Holly Harris, Crisis Services Program Manager ES CO Deschutes County Health Services GRANT APPLICATION REQUEST Official Grant Title: Central Oregon Health Council Regional Health Im rovement Funding Source of Grant Funds: Central Oregon Health Council Funding Amount and Duration (include $1,993,253 Year 1 amount per year if multiple years): $2,100,135 Year 2 $2,297,449 Year 3 $6,390,837 Total Application Due Date: August 15, 2019 FTE Required and Cost of FTE: 13 additional FTE costing $4,271,374 over three years Staff Responsible: Holly Harris Matching Requirements? ❑ Yes FA No If Yes, ❑ in-kind or ❑cash? Amount: Click or tap hereto enter text. Contract or MOU Required? ❑ Yes M No Does grant allow for admin fee? ❑ Yes ❑ No If Yes, amount: Unknown Expedited Director approval? ® Yes ❑ No Applications are due to COHC by August 15. The only BoCC between July 31 and August 15 is on August 7. RnCC Aaenda Requests for the August 7 meeting are due by 5:00 p.m. on August 1. Please answer the following questions: 1. How does this grant opportunity align with priorities in the Health Services Strategic Plan, the Regional Health Improvement Plan or an emerging need? This grant opportunity meets the following priorities in the Health Services Strategic Plan: Goal 1.B., "Implement evidence -based programs and/or best practices in health promotion and prevention" and Goal 2. A., "Coordinate and integrate services through collaborative community partnerships" Data indicates that a significant number of individuals that come into contact with law enforcement have a mental health disorder. The U. S. Department of Justice reported that 1 in 7 state and federal prisoners (14%) and 1 in 4 jail inmates (26%) reported experiences that met the threshold for serious psychological distress. Approximately one quarter of a million individuals with serious mental illness are incarcerated at any given moment — about half arrested for non-violent offenses, such as trespassing or disorderly conduct. In addition, Deschutes County has been experiencing increases in opioid overdose related hospitalizations and opioid related deaths since 2001. Per Oregon Health Authority data, opioid overdose rates have more than doubled, increasing from 3.7 per 100,000 residents in 2002 to 9.9 per 100,000 residents in 2014. More alarming is that opioid related deaths have nearly tripled since 2001. In addition, Deschutes County is Rev. 11/19/2018 Page 1 of 2 experiencing an alarming increase Fentanyl related deaths since 2016. The increases are most notable in the population of adults 45 years and older, which provides us some guidance regarding whom to target for outreach and prevention efforts. 2. Briefly summarize what work the grant is intended to accomplish. The Deschutes County Stabilization Center (DCSC) is scheduled to open in Spring 2020, to operate on weekdays during daylight hours. With the award of this grant, the DCSC would be able to open 24/7, 7 days per week. 3. Describe the science or evidence base that supports delivering the work the grant is intended to accomplish. Deschutes County adopted the Stepping Up Initiative which is a national best practice aimed at reducing the number of individuals with a serious mental illness who end up in the criminal justice system. The DCSC is primarily aimed at addressing this issue as well and is support by Stepping Up as well as other best practice initiatives such as Crisis Intervention Teams and Sequential Intercept Mapping. 4. Does the work the grant is intended to accomplish require ethics review? If so, what is the regulating authority and who will do the work? No 5. Summarize the cost of doing the work the grant is intended to accomplish (include costs of personnel, equipment, materials and services, travel/training, etc., as applicable, using the grant calculator tool (to be developed)). Please see attached Project Budget. 6. Administrative supports required check all that apply): ® Compliance oversight ® Contract ❑x Data analysis: Is the data ❑ already collected? OR ❑ new to us? Where does the data live? Click car tar here: to entc. r (_ext. ® EHR ® Fiscal oversight and/or reporting ❑x Operations (building, vehicles, etc.) ® Reporting: What: unknown at this time How often: unknown at this time ❑ Other, please describe: Click or here to enter Lext. To be completed by Director: Final review of grant application materials prior to submittal will be done by: © Deputy Director ❑ Director Deputy Director Approval Director Approval ® Yes ❑ No Date & Initials: JG 8/1/2019 M Yes ❑ No Date & Initials: GC 8/1/2019 Rev. 11/19/2018 Page 2 of 2 dedicated to this 'P- «01 1-- 1111.,.., -t) 0-1 R-fitc 'Tnt.i ('nst Ammint Renuested Supervisor., Health Services (2) 2.00 146,303 88,450 234,753 234,753 Behavioral Health Specialist II 7.00 421,646 278,215 699,861 699,861 Behavioral Health Specialist I 1 1.00 52,074 36,914 88,988 88,988 Public Health Nurse II (2) 2.00 126,464 81,569 208,033 208,033 Administrative Support "Technician 1 1.00 40,866 33,027 73,893 73,893 ,Existing Staff (20.00) 20.00 1,072,893 773,151 1,846,044 0 Sub -Total: Persormell $ 1,860,246 $ 1,291,326 $ 3,151,572 1 $ 1,305,528 Materials & Supplies Total Cost Amount Requested Professional Licenses and Fees 1,695 650 Office Supplies, Program Supplies & Printing 8,745 3,445 Computers & Equipment 18,810 18,810 Sub -Total: Materials & Supplies $ 29,250 $ 22,905 Consultants & Contracted Services Total Cost Amount Requested & Contracted Serviced $ Professional Training and Development Total Cost Amount Requested Education_ Training. Conferences & Seminars 7,983 3,528 Sub -Total: Professional "Training and Developments $ 7 12_..7- T.,....... Tnta] ('.nst Amnunt Remiested Facility O erational Expenses 30,000 5,000 Administrative Overhead 481,066 189,511 Administrative Services Division 447,788 176,401 Regional transportation needs 8000 8000 Sub -Total: Other Budget Items $ 966,854 $ Total Project Budgetl $ 4,725,466 1 $ 378,912 1,993,253 dedicated to this PPrsnnnrl C'nsts: Name nroiect) salary Benefits Total Cost Amount Reouested supervisor, Health Services 2 2.00 156,445 95,824 252,269 252,269 Behavioral Health Specialist II (7) 7.00 450,848 299,521 750,368 750,369 Behavioral Health Specialist 1 (1) 1.00 55,678 39,552 95,230 95,230 Public Health Nurse II (2) 2.00 135,224 87,955 223,179 223,179 Administrative Support Technician (1) 1.00 43,690 35,106 78,796 78,796 Fxistmg Staff (20) 20.00 1,137,2661 807,942 1,945,208 0 Sub -Total: Personnel $ 1,979,151 1,365,900 3,345,050 1,399,843 Materials & Supplies Total Cost Amount Requested Professional Licenses and Fees 1,7711 679 �Comouters & Eauinment 1 1,6381 1,6381 Sub -Total: Materials & Suooliesl $ 1 Consultants & Contracted Services Total Cost Amount Requested 285,291 Sub -Total: Consultants & Contracted Services) $ 5 Professional Training and Development Total Cost Amount Requested Education. Training_ Conferences & Seminars 1 8,342 3,686 Sub -Total: Professional Training and Developments $ 8,342.00 1 $ 3,686.00 n4,_ TZ -1 ..a Tt- Total Cnst Amnnnt Renneated Facility Operational Expenses 31,350 5,225 Administrative Overhead 502,714 198,039 Administrative Services Division 467,938 184,339 Regional transportation needs 8,000 8,000 Sub -Total: Other Budget Items $ 1,010,002 $ Total Project Budgetl $ 4,971,3901 $ 395,603 2,100,135 dedicated to this IZA-. RP., Ate Tntal Cnct .4monnt Reauested Supervisor, Health Services (2) 2.00 166,398 101,342 267,740 267,740 Behavioral Health Specialist II (7) 7.00 479,507 315,349 794,856 794,856 Behavioral Health Specialist I (1) 1.00 59,215 41,498 100,713 100,713 Public Health Nurse II (2) 2.00 143,822 92,708 236,530 236,530 Administrative Support Technician 1 1.00 92,922 73,242 166,164 166,164 ,Existing Staff 20 20.00 1,205,5021 844,3001 2,049,802 0 Sub -Total: Persormell $2,147,366.00 1 $1,468,438.83 1 $ 31615,805 1 $ 1,566,003 Materials & Supplies Total Cost Amount Requested Professional Licenses and Fees 1,851 710 Office Su lies, Program Supplies & Printing 9,550 3,762 Com uters & Equipment 1,712 1,712 Sub -Total: Materials & Suppliesl $ 13,113 $ 6,184 Professional Training and Development Total Cost Amount Requested Education. Training. Conferences & Seminars 8,7181 3,852 Sub -Total: Professional Training and Development $ 8,718 1 $ 3,852 -L__ n_.a__. T....._.. Tntal Cnst Amount Reauested Facility Operational Expenses 32,761 5,460 Administrative Overhead 525,336 206,950 Administrative Services Division 488,995 192,635 Regional Trans ortation Needs 8,000 8,000 Sub -Total: Other Budget Items $ 1,055,092 $ Total Project BudgetF$ 51314,971 $ 413,045 2,297,449 AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of August 7, 2019 DATE: July 31, 2019 FROM: Jacob Ripper, Community Development, 541-385-1759 TITLE OF AGENDA ITEM: Reopen Deliberations and Consideration of Document No. 2019-605, Denial of a Marijuana Production Proposal at 24540 Walker 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 1 and July 17, 2019, the Board deliberated on this matter and voted to deny the application in response to an appeal of an Administrative Determination that had approved the application. On August 5, 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 August 5 meeting, those edits will be made prior to this August 7 meeting. Any updated version of the decision will be provided to the Board and will be available to the public at this meeting as well as online. The original file numbers are 247 -18 -000504 -AD, 505 -AD, and 506 -SP and the appeal file number is 247-19-000178-A. The 150 -day period for issuance of a final local decision ends August 20, 2019. FISCAL IMPLICATIONS: None ATTENDANCE: Jacob Ripper, AICP, Senior Planner DATE: TO: FROM: RE: C'� COMMUN11TY DEVELOPMENT Background Information APPLICANT: APPELLANT: Purpose STAFF MEMORANDUM August 1, 2019 Deschutes County Board of Commissioners Jacob Ripper, AICP, Senior Planner Final decision denying a marijuana production and processing proposal at 25450 Walker Road. Mark Weisheit Rowan Hollitz The Board will consider for signature a written decision denying a request for marijuana production at the subject property. On May 1 and July 17, 2019, the Board deliberated on this matter and voted to deny the application in response to an appeal of an Administrative Determination that had approved the application. On August 5, 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 August 5 meeting, those edits will be made prior to this August 7 meeting. Any updated version of the decision will be provided to the Board and will be available to the public at this meeting as well as online. The original file numbers are 247 -18 -000504 -AD, 505 -AD, and 506 -SP and the appeal file number is 247-19-000178-A. The 150 -day period for issuance of a final local decision ends August 20, 2019. 117 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 O� E S C �2 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 August 7, 2019 DATE: August 1, 2019 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Deliberations: Reconsideration of Marijuana Text Amendments On August 7, 2019, the Board of County Commissioners (Board) will begin deliberations to reconsider a series of text amendments pertaining to the regulation and enforcement of recreational marijuana on rural lands in Deschutes County. The Board's deliberations follow a public hearing held on July 3, 2019. The Board closed the oral portion of the open record on July 3 but allowed written testimony to be provided for consideration until July 21, 2019 at 11:59 p.m. 11 MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, Associate Planner DATE: August 1, 2019 COMhAWNITY DEVELOPMENT SUBJECT: Reconsideration of Marijuana Text Amendments - Deliberations Staff respectfully seeks Board direction with respect to the reconsideration of marijuana text amendments by the September 3, 2019 Land Use Board of Appeals (LUBA) deadline. I. OVERVIEW OF PROCESS TO DATE On August 7, 2019, the Board of County Commissioners (Board) will begin deliberations to reconsider a series of text amendments pertaining to the regulation and enforcement of recreational marijuana on rural lands in Deschutes County. The Board's deliberations follow a public hearing held on July 3, 2019. The Board closed the oral portion of the open record on July 3 but allowed written testimony to be provided for consideration until July 21, 2019 at 11:59 p.m. II. PUBLIC TESTIMONY RECEIVED Testimony submitted before the public hearing was provided to the Board in the packets for the June 24 work session' and the July 3 public hearing.z The remainder of public testimony that has been received throughout the process is provided as attachments to this memorandum. Only those record items that have not been presented to the Board previously are attached to this memorandum. 1 https://deschutescountyor.igm2.com/Citizens/Detail LegiFile.aspx?Frame=&MeetinglD=2333&Media Position=&ID= 2737&CssC1ass= 2 https://deschutescountyor.igm2.com/Citizens/Detail LegiFile.aspx?Frame=&MeetinglD=2368&MediaPosition=827.621&ID =2742&CssC1ass= Hard copies of the comments received by staff during the open record period only (from the close of the July 3 public hearing to July 21) were provided in binders as a courtesy to the Board on July 25, 2019. In addition to citizen input provided during the public hearing (Attachment 46), staff received written testimony from the following parties (in alphabetical order): Anonymous (2) Ruth Barrios Margot Barron Bend Park & Recreation District James Bouziane Cannabis Nation Cascade Cannabis Association Dale Clark Colebreit Engineering Charles Cook Gail Hayes Davis Sam & Carolyn Davis Liz Dickson John Doe Debra Elgas Wendie Every Howard Finck Donna Griggs Sam Hanks Tammy Harty Paula Hawes Rowan Hollitz Robert Hunt Mary Jones Robert and Nancy King Mary Ann Kruse Suzanna Lady Deborah Lee N.S. Lee Steven Lee Pamela Lovegren Stephanie Marshall Peter Mayer Marcy Monte Shirley Morgan Jerry & Ramona Newman Tony Oliver Oregon Farm Bureau Opt Out Deschutes Lindsay Pate Steven Paulding Pete & Gretchen Pederson Lance Piatt Monika Piatt Monica Rendon Vern Rendon Spencer Shock Terri Silliman Debbie Simpson Tamara Threlkeld & Ken Clouse Thomas Triplett Alice Tye Richard & Maria Wattier In addition to the public comments listed above, staff entered a memo into the record that responds to testimony received during the public hearing (Attachment 20 - Adam Smith). Ill. NEXT STEPS Staff seeks Board direction with respect to the reconsideration of the marijuana text amendments. An overview of the decision timeline is provided below. Page 2 of 4 IV. TIMELINE It is important to note that the LUBA reconsideration deadline of September 3, 2019 presents considerable time constraints with respect to deliberation and adoption, regardless of the direction the Board chooses to pursue. If a proposed ordinance will not be unanimously supported by the Board, it may not be adopted by emergency and thus requires fourteen (14) days between first and second readings. Consequently, the last possible day for a non -emergency vote on and first reading of an ordinance is Monday, August 19. If a first reading is conducted on August 19, the Board must conduct a session on the morning of Tuesday, September 3 (owing to the Labor Day holiday on the Board's regular Monday meeting date) for second reading and adoption. Adherence to this timeline is critical in order to file the decision with LUBA prior to its deadline. Attachments (all public comments in reverse chronological order: the open record period, citizen input from the public hearing and public comments received prior to the public hearing) Written comments received during open record period Quly 3 - July 21): 1. Steven Paulding 2. Tony Oliver 3. Steven Lee 4. Deborah Lee 5. N.S. Lee 6. James Bouziane 7. Sam and Carolyn Davis 8. Liz Dickson 9. Tamara D Threlkeld & Ken Clouse 10. Sam Hanks 11. Howard Finck 12. Richard and Maria Wattier 13. Jerry and Ramona Newman 14. Margot Barron 15. Rowan Hollitz 16. Peter Mayer 17. Anonymous 18. Opt Out Deschutes 19. Alice Tye 20. Adam Smith (Staff) 21. Donna Griggs 22. Pamela Lovegren 23. Monika Piatt 24. Dale Clark 25. Ruth Barrios 26. Anonymous 27. Marcy Monte 28. Lance Piatt 29. Tammy Harty 30. Charles Cook 31. John Doe 32. Suzanne Lady 33. Mary Ann Kruse 34. Thomas Triplett 35. Debra Elgas 36. Pete and Gretchen Pederson 37. Spencer Schock 38. Mary Jones 39. Debbie Simpson 40. Wendie Every 41. Cascade Cannabis Assoc. 42. Lindsey Pate 43. Oregon Farm Bureau 44. Stephanie Marshall 45. Colebreit Engineering Page 3 of 4 46. Citizen input provided during July 3 public hearing: a. Tammy Threlkeld b. Susanne Ritter c. Sam Davis d. Gretchen Pederson e. Robert Pederson f. Keith Adams g. Karen Morris h. Robert Wills i. John Cooley j. Sally Goya k. Jeanette Kook I. Jefrey and Alison Hamilton m. Peter Cooper n. Donald Dumas o. Mark and Wendy Burkhardt p. Sharon and Colin Burkhardt q. Donald and Cheri Detweiler r. Stephanie Marshall s. Kristin Adams t. Deborah Lee u. Mike Hayes v. Janet Nash w. Liz Dickson x. Charles Cook y. Carol Fair z. Margot Barron aa. Rowan Hollitz bb. Lindsey Pate cc. Hunter Neubauer dd. joel Gisler ee. Susan Altman ff. Brad Wehde gg. Linda Hopmann hh. Steven Paulding ii. Nunzie Gould jj. Ron Boozell kk. Captain Deron McMaster County Sheriffs Office) II. Ellen Musgrove mm. James Moran Testimony received after hearing packet submittal for July 3 public hearing: 47. Terri Silliman 48. Robert Hunt 49. Gail Hayes Davis 50. Monica Rendon 51. Vern Rendon 52. Robert and Nancy King 53. Bend Park and Recreation District 54. Paula Hawes 55. Shirley Morgan 56. Cannabis Nation 57. Stephanie Marshall (Deschutes Page 4 of 4