2019-395-Minutes for Meeting August 05,2019 Recorded 9/18/2019E S CQG
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
2:00 PM
Recorded in Deschutes County CJ2019-395
Nancy Blankenship, County Clerk
Commissioners' Journal 09/18/2019 9:01:31 AM
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ALLEN CONFERENCE ROOM
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, staff and several identified representatives
of the media were in attendance.
CALL TO ORDER: Chair Henderson called the meeting to order at 2:00 p.m.
ACTION ITEMS
1. Courthouse Expansion Review
Facilities Manager Lee Randall presented the background and planning
options for the proposed courthouse expansion. A copy of the presentation
is attached for the record. fudge Ashby and Court Administrator Jeff Hall
described space needs. Mr. Randall presented the project development
timeline and financing options. The estimated cost of the project is $19
million to $22 million.
Commissioner DeBone expressed support to proceed sooner rather than
later. Commissioner Henderson expressed concern of moving forward with
BOCC MEETING AUGUST 5, 2019 PAGE 1 OF 4
the expansion prior to a point in time when the Legislature approves an
additional judge for Deschutes County. Commissioner Adair has confidence
Deschutes County will be approved for an additional judge. Mr. Randall will
work on planning options for relocation of the Tucker Building (historic) and
will bring options back to the Board at a later date.
2. Review of Draft Decision Denying a Marijuana Production and
Processing Proposal at 25350 Walker Road
Community Development Department planner Jacob Ripper and Assistant
Legal Counsel Adam Smith presented the draft document and noted the final
document will be considered at the BOCC Meeting of August 7. The denial is
based on the proposed use as unharmonious for the neighborhood. The
basis of public safety concerns are also considered for this land use
application. Attorney Liz Dickson offered unsolicited comment relative to her
understanding of the legal standards associated with the content of final
written decision and whether it needs to mirror the verbal deliberations.
Legal Counsel Doyle told the BOCC that he does not agree with Dickson's
assessment. The Board suggested further revisions to the draft document.
Mr. Ripper will create a new decision matrix.
COMMISSIONER UPDATES
• Commissioner Adair suggested a new biscuit recipe for next year's employee
appreciation breakfast.
• The Commissioners shared stories of this year's Deschutes County Fair.
• Commissioner Adair attended the recent COACT and COIC meetings.
• Commissioner Henderson commented on the priority of next year's fair to
consider a better traffic and parking plan.
• The Board attended the proposed Smokejumper Visitor Center tour on
Thursday
• Commissioner DeBone reported on the District 55 meeting on Saturday.
BOCC MEETING AUGUST 5, 2019 PAGE 2 OF 4
• Commissioner Henderson has REDI on Wednesday and the Airport Board on
Thursday and will be on vacation next week.
EXECUTIVE SESSION:
At the time of 4:02 p.m., the Board went into Executive Session under ORS 192.660
(2) (d) Labor Negotiations. The Board came out of Executive Session at 4:20 p.m.
At the time of 4:22 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 4:29
p.m. for the following motion:
DEBONE: Move approval to direct staff to proceed as discussed
ADAIR: Second
VOTE: DEBONE: Yes
ADAI R: Yes
HENDERSON: Chair votes yes. Moticn Carr led
At the time of 4:30 p.m. the Board went into Executive Sessions under ORS 192.660
(2) (e) Real Property Negotiations. The Board came out of Executive Session at 4:51
p.m.
At the time of 4:51 p.m. the Board went into Executive Session under ORS 192.660
(2) (h) Litigation. The Board came out of Executive Session at 5:14 p.m.
OTHER ITEMS:
County Administrator Anderson announced LCDC Commissioner Catherine
Morrow would be available for individual meetings with the Commissioners
on either Tuesday, August 20 or Wednesday August 21.
BOCC MEETING AUGUST 5, 2019 PAGE 3 OF 4
Commissioner DeBone will contactJudge Crawford for participation on
Thursday regarding the vote for District 55.
Commissioner Adair may need to go to Salem for federal funding for CCHBC.
Being no further items to come before the Board, the meeting was adjourned at 5:18 p.m.
DATED this Day o 4 2019 for the Deschutes County Board of
Commissioners.
LECORDING SECRETARY
TTI ADAIR, VICE CHAIR
BOCC MEETING AUGUST 5, 2019 PAGE 4 OF 4
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
2:00 PM, MONDAY, AUGUST 5, 2019
Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend
CALL TO ORDER
ACTION ITEMS
1. 2:00 PM Courthouse Expansion Review - Lee Randall, Facilities Director
2. 3:00 PM Review of Draft Decision Denying a Marijuana Production and
Processing Proposal at 25450 Walker Rd. -Jacob Ripper, Senior Planner
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
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.
Executive Session under ORS 192.660 (2) (e) Real Property Negotiations, ORS 192.660
(2) (d) Labor Negotiations, and ORS 192.660 (2) (h) Litigation
OTHER ITEMS
Board of Commissioners BOCC Meeting Agenda Monday, August S, 2019 Pagel of 2
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 Monday, August 5, 2019 Page 2 of 2
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 August 5, 2019
DATE: July 31, 2019
FROM: Lee Randall, Facilities, 541-617-4711
TITLE OF AGENDA ITEM:
Courthouse Expansion Review
RECOMMENDATION & ACTION REQUESTED:
Review and discuss background information regarding the expansion of the Courthouse.
BACKGROUND AND POLICY IMPLICATIONS:
FISCAL IMPLICATIONS: None at this time.
ATTENDANCE: Lee Randall and Erik Kropp
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o c 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 August 5, 2019
DATE: July 31, 2019
FROM: Jacob Ripper, Community Development, 541-385-1759
TITLE OF AGENDA ITEM:
Review of Draft Decision Denying a Marijuana Production and Processing Proposal at
25450 Walker Rd.
BACKGROUND AND POLICY IMPLICATIONS:
This meeting is to afford the Board of County Commissioners with an opportunity to
provide edits to staff regarding a draft decision. Any edits can be made prior to the
Board's adoption of the final decision, scheduled for Wednesday, August 7.
FISCAL IMPLICATIONS: None
ATTENDANCE: Jacob Ripper, AICP, Senior Planner
O @�t (; i G U N 4? T i% DEVELOPMENT
STAFF MEMORANDUM
DATE: July 31, 2019
TO: Deschutes County Board of Commissioners
FROM: Jacob Ripper, AICP, Senior Planner
RE: Draft decision denying a marijuana production and processing
proposal. File No. 247-19-000178-A (appeal of 247 -18 -000504 -AD, 505 -
AD, 506 -SP).
Background Information
APPLICANT:
Mark Weisheit
APPLICANT'S ATTORNEY: Stephanie Marshall, Bennu Law LLC
APPELLANT:
Rowan Hollitz
APPELLANT'S ATTORNEY: Elizabeth Dickson, Dickson Hatfield LLP
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.
HEARING DATE: March 20, 2019
REVIEW PERIOD: The period for issuance of a final local decision ends August 20, 2019,
2019.
1. Purpose
This meeting is to afford the Deschutes Board of County Commissioners ("Board") with an
opportunity to provide edits and feedback to staff regarding a draft decision. Any edits can be made
prior to the Board's adoption of the final decision, scheduled for Wednesday, August 7.
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
Background
The Board held a public hearing to consider the appeal, filed by appellant Rowan Hollitz,
represented by Attorney Liz Dickson (together "appellant") in response to an Administrative
Decision approving a marijuana production and processing facility proposed by Mark Weisheit
("applicant").
The Board conducted the public hearing on March 20, 2019, and deliberated on May 1 and July 17,
2019. In the July 17 deliberations, the Board voted unanimously to overturn the Administrative
Decision that had approved the land use permit application to establish a recreational marijuana
production and processing facility on the subject property. Based on discussions and findings at the
deliberation meetings, the appellant drafted a proposed decision, pursuant to DCC 22.28.060.
Planning staff has started to provide several initial edits in coordination with legal counsel and will
present the draft decision for review by the Board at Monday's Board meeting. Staff will bring two
versions of the decision. The first will show changes to the appellant's draft and the second will be
a formatted version without comments or markup.
III. Conclusion & Next Steps
Staff respectfully requests the Board to provide desired edits in the Monday, August 5 meeting. Any
edits will be completed by staff within 24 hours. The final decision will be placed on the meeting
agenda for Wednesday, August 7 for Board signature. The 150 -day period for issuance of a final
local decision ends August 20, 2019.
247-19-000178-A Page 2 of 2