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2019-411-Minutes for Meeting August 28,2019 Recorded 9/30/2019GOT E S COG BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 3 88-6 570 Recorded in Deschutes County CJ2019-411 Nancy Blankenship, County Clerk Commissioners' ,journal 09/30/2019 8:19:58 AM `�uTES co II I I I I� II ILII II I I II I II I III I I III 2019-411 FOR RECORDING STAMP ONLY 10:00 AM WEDNESDAY, August 28, 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://desch.utescountyor.iqm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Henderson called the meeting to order at 10:00 am PLEDGE OF ALLEGIANCE: CITIZEN INPUT: • Karyl Gothe lives in Water Wonderland I and presented a request to close the area between Maxwell Bridge to Forest Acres to hunting. Ms. Gothe submitted a packet to the BOCC including a petition signed by neighboring properties. • Sue Abelein lives in Water Wonderland I area and commented on articles in the Bend Bulletin regarding no shooting zone. Ms. Abelein stated they have BOCC MEETING AUGUST 28, 2019 PAGE 1 OF 9 contacted all agencies for many years regarding this concern. • Kate Jones lives in Water Wonderland I and asked the Board about jurisdiction of the areas of concern and the need for safety. • Dwane "Kermit" Williams lives north of the area of concern in River Meadows and spoke on concerns of litter and garbage in the Deschutes River corridor. • Donna Harris lives in River Meadows and asks the Board to close down the hunting corridor on the area of concern on Deschutes River. • John Stassen is a local physician and has recently purchased a vacation home in Water Wonderland I along the river. Dr. Stassen commented on the amount of shooting in the area. • Janine Stassen explained as a mom her main concern is the hunting also takes place out of the designated zones. Their home has been hit by shotgun shells. Commissioner Henderson would like to tour the area and commented on County Code. Counsel Doyle noted that the property at issue is owned by a federal agency and state law / county code does not authorize the County to impose firearm restrictions in this instance. Commissioner Henderson explained the County works with the Forest Service and could present the residents concern to them regarding the property owned by Deschutes National Forest. Commissioner DeBone has gone to the property and has reached out previously and would also agree to bring the issue back to them for further review. Commissioner Adair recommended contacting Congressman Walden's office. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Henderson requested to pull Item #1. ADAIR: Move approval of Consent Agenda, minus Item #1 DEBONE: Second BOCC MEETING AUGUST 28, 2019 PAGE 2 OF 9 VOTE: ADAI R: DEBONE: HENDERSON Consent Agenda Items: Yes Yes Chair votes yes. Motion Carried 1. Consideration of Board Signature of Document No. 2019-442, Pfeifer & Associates 2. Consideration of Approval of Purchase of Mower/Tractor with Boom 3. Consideration of Board Signature of Letter Appointing Gena Goodman - Campbell to the Upper Deschutes Watershed Council 4. Consideration of Board Signatures of Letters Reappointing Carolyn Airriess, Sam Davis, Monica Rendon, and Thomas Schuchardt to the Dog Board of Supervisors ACTION ITEMS: Consent Agenda Item 1 as pulled for discussion: Consideration of Board Signature of Document No. 2019-442, Pfeifer & Associates Nancy Tyler, Health Services and Captain Michael Shults, Deschutes County Sheriff's Office presented the contract for consideration. DEBONE: Move approval of Document No. 2019-442 ADAI R: Second VOTE: DEBONE: ADAI R: HENDERSON: Yes Yes Chair votes yes. Motion Carried CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT MANAGING BOARD • Consideration of Board Letter Appointing Mark Burford to the Sunriver Service District Managing Board BOCC MEETING AUGUST 28, 2019 PAGE 3 OF 9 ADAIR: Move approval DEBONE: Second VOTE: ADAI R: DEBONE: HENDERSON: Yes Yes Chair votes yes. Motion Carried RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 5. Quarter 4 2019 Update on Performance Measures Erik Kropp, Deputy County Administrator presented the departments included in the quarterly update. o Clerk's Office: Nancy Blankenship, County Clerk presented information and history on the recording and voter registration process in the Clerk's Office. o Information Technology: doe Sadony, Information Technology Director presented information on the upgrades to the phone system throughout the Deschutes County offices. Commissioner Henderson commented that support from IT was mostly lacking when his phone was transitioned. o Solid Waste Operations: Timm Schimke, Solid Waste Director presented information on the recycling analysis in the solid waste system. o Health Services: Heather Kaisner, Public Health Services and Dr. Rich Fawcett reported on the communicable disease program. o Community Development Department: Peter Gutowsky, Community Development Department presented information regarding the process of creating large lot industrial sites. 6. Consideration of Approval to Proceed with CCBHC Demonstration Program Extension Match Proposal Janice Garceau, Health Services presented the item for consideration. Ms. BOCC MEETING AUGUST 28, 2019 PAGE 4 OF 9 Garceau reported the state of Oregon does not have additional revenue to meet the match requirements for this program. Deschutes County is required to match funding in the amount of approximately $650,000 to $782,000. Commissioner Henderson is concerned with the unclear dollar amount with a federal program that the state of Oregon is supposed to match. Commissioner Henderson recommends having the legislators involved to request funding for the state. Ms. Garceau has requested that the Oregon Health Authority does advocate for funding during the legislative session. DEBONE: Moved approval to proceed with the CCBHC Demonstration Program Extension Match Proposal ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried 7. Planning Division Work Plan Update / FY 2019-2020 Nick Lelack and Peter Gutowsky, Community Development Department presented the department's update including on-going projects which require additional responsibilities this fall. Mr. Gutowsky reported on projects that would address state law changes that allow new or revised land uses. Regarding options to include in the work plan, Commissioner Henderson supported moving forward with a housing strategy committee. Commissioner DeBone would recommend work done to prepare for the legislature as well as a house keeping project for the department. BOCC MEETING AUGUST 28, 2019 PAGE 5 OF 9 8. DELIBERATION: Nehmzow Marijuana Production Facility Isabella Liu, Community Development Department presented the decision matrix regarding the deliberations for a proposed marijuana production facility located at 60148 Stirling Drive, Bend. The Board deliberated on the topics that address the approval criteria. Adam Smith Assistant Legal Counsel provided input on the pending marijuana regulations. ADAIR: Motion to deny the application on the basis of a youth activity center within the prohibited distances. HENDERSON: Second VOTE: ADAI R: Yes DEBONE: No HENDERSON: Chair votes yes. Motion Carried RECESS: At the time of 12:15 p.m., the Board went into recess and reconvened the meeting at 3:00 p.m. in the Allen Conference Room. OTHER ITEMS: • Report of 2019 Fair & Expo: Geoff Hinds, Fair and Expo Director presented the statistics on the 100th Anniversary of the Deschutes County Fair including attendance and food/beverage sales. There was a 1 % increase in fair attendance which is based on tickets sold. Mr. Hinds is researching an advanced ticketing service for a more accurate gate count. There was a 9% increase in food and beverage sales. The Board requested a detailed report for the Fair. The economic impact for the larger community, based in part on calculations in the Event Pro software program, is $14 million. Mr. Hinds reported on parking and traffic management and there will be attention to this matter by convening a group of traffic engineers. Commissioner Henderson recommends finding resources that have experience in moving great numbers of people during events. Mr. Hinds reported there was BOCC MEETING AUGUST 28, 2019 PAGE 6 OF 9 difficulty in finding temporary staffing for coverage this year. Mr. Hinds responded to complaints where the sound system was distorted during concerts which is handled by the sound provider. Commissioner DeBone spoke on a future change with DSL lands and possible opportunity to add a new road in the area. • Whitney Hale, Public Information Officer presented a request from PAC West to meet with the Board regarding Legislative Days in mid-September. A meeting will be scheduled. EXECUTIVE SESSION: At the time of 3:48 p.m. the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 4:27 p.m. OTHER ITEMS: 911 Operations Staffing: County Administrator Anderson reported Will Mullins is leaving his position at 911 but is willing to continue services with us and a draft contract could be considered to place him in a contractor position. The Board is not all that supportive of a contract for services. 911 Director Sara Crosswhite, 911 Operations Manager Chris Perry, and 911 Deputy Director Will Mullins were present for the discussion. Mr. Mullins reported his decision is based on personal reasons and needs to be close to home. The Board was stunned by the announcement as they had hoped for several years of employment. Mr. Mullins last day is September 10. Commissioner Henderson commented on the incentive given to Mr. Mullins to accept the position with Deschutes County. Commissioner Henderson pointed out the two week notice does not allow for proper time to find a replacement. Mr. Mullins stated 911 is in a pretty stable spot as the systems team and user board relations and the service delivery has improved. Ms. Crosswhite noted there will be a few reclassifications of position to assist in the coverage at the department and leadership training is BOCC MEETING AUGUST 28, 2019 PAGE 7 OF 9 scheduled. The draft continuation contract would provide a continued leadership scope but in a remote capacity from home. Commissioner Henderson inquired why the Overturf Tower isn't complete yet. Mr. Mullins stated the complete detailed engineering aspect took longer prior to going out for bid and request for proposals. The bids are due next week and a public meeting will be held next Tuesday. The projected cost is $300,000 to $400,000. Mr. Mullins started work for Deschutes County 911 in October 2018. EXECUTIVE SESSION: At the time of 4:46 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 5:04 p.m. to direct staff as discussed. OTHER ITEMS: • Commissioner Henderson participated in the Eastern Oregon Counties conference call yesterday. • Commissioner Henderson asked to get the Committee appointments for Local Public Safety Coordinating Council for next Tuesday and requests a discussion on Wildfire Hazard Mitigation Mapping. • County Administrator Anderson reported there are joint meetings with both Redmond and Sisters scheduled for September. • Commissioner DeBone spoke on the Health Department requesting tobacco licensing with the City Council within the county and he is not supportive of the licensing program. The Board is supportive of education but not of a fee to businesses. BOCC MEETING AUGUST 28, 2019 PAGE 8 OF 9 Being no further items to come before the Board, the meeting was adjourned at 5:15 p.m. DATED this � Day 2019 for the Deschutes County Board of Commissioners. [LIP Gm HENDERSON, CHAIR ATTR ADAIR, VICE CHAIR V ANTHONY DEBONE, COMMISSIONER BOCC MEETING AUGUST 28, 2019 PAGE 9 OF 9 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 10:00 AM, WEDNESDAY, AUGUST 28, 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/meetings. 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. 2019-442, Pfeifer & Associates 2. Consideration of Approval of Purchase of Mower/Tractor with Boom 3. Consideration of Board Signature of Letter Appointing Gena Goodman -Campbell to the Upper Deschutes Watershed Council 4. Consideration of Board Signatures of Letters Reappointing Carolyn Airriess, Sam Davis, Monica Rendon, and Thomas Schuchardt to the Dog Board of Supervisors ACTION ITEMS Board of Commissioners BOCC Meeting Agenda Wednesday, August 28, 2019 Page 1 of 3 CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT MANAGING BOARD Consideration of Board Letter Appointing Mark Burford to the Sunriver Service District Managing Board RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 5. 10:20 AM Q4 2019 Update on Performance Measures -Erik Kropp, Deputy County Administrator 6. 10:50 AM Consideration of Approval to Proceed with CCBHC Demonstration Program Extension Match Proposal -,Janice Garceau, BH Deputy Director 7. 11:20 AM Planning Division Work Plan Update / FY 2019-2020 - Peter Gutowsky, Planning Manager 8. 11:50 AM DELIBERATIONS: Nehmzow Marijuana Production Facility - Isabella Liu, Associate Planner LUNCH RECESS 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. 3:30PM Executive Session under ORS 192.660 (2) (h) Litigation 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 28, 2019 Page 2 of 3 To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. 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 (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www deschutes.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Wednesday, August 28, 2019 Page 3 of 3 DESCHUTEs RIVER CORRIDOR Shooting Zone Boundary• • Public Safety County Commission Public Input Wednesday, August Prepared and submitted by: Karyl Gothe karylgothe@gmail.com (503) 781-3467 Sue Abelein sabel8631@gmail.com (503) 680-3286 Kate Jones evilauntkate@yahoo.com (831) 818-4360 Section I o Location maps o Proximity to dwellings exhibits m Section 2 o Overview, Issues and ConcerrE Section 3 o Articles from Bend Bulletin (2) o Population increase statistics o Email communications history ® contact with commissioners, Forest Service, Sheriffs office Section 4 o Testimonials / Statements o Photos of trash, evidence of campfire, notices with shotgun damage, etc. (pulap auoz loops) N O A� v U� w E� w �A w Na ANn1N30 HlnOS sa � ?nzl,,saP1 Na 0 >iona Nome Na 3S000 MONS rn NOVNIlnvd d3IH5 CD Na amials FS RD 41 K o w ab b g d 3N00SOy = a � U d Na IVIlS3130 NO lVll O� NON N K K OI � C7 J m Z J � N O W O d N W N �2w LD .,d. o•'-smd8 alo b' a- °c o ° MNM U),n °'mao w a� rn 0 V) v rn in qo �a co $m Mc8'n 2 �Oc c F-v'w a�Oornrn�rno�ESZLN oL m� c C w._L y o:0 cU� ° Z N O LL rn °FT°m O `- co F- °�iL�O� Y° 2and 5 c w5 T3 o LoN000 � > a_ O 0o no's cd cvya cci% Acci�� PG p vglltgCovo 'v O N a� mt m _o (VOONM W (� m C '�01 ?800 �.... o �n wvL Uwa W �-' r� Z}L, KCc ,O w0°m a1C w mm .2 aD 0)07 O)N NNN 7 U ` m' 'E c° c w O m o m o L m N Z d d CoQwm° mw rn��.y mm yea W Q �Q °I3 ��cL wP wymc v� wv au. aV1 UOCIp m� ^ ,�G CN.N 'sm w O d .may _ _ G lG^^ (y y �J.� C 0 C r d� a�E-02 gc_a3 N �$'-8� ycLip° c8°c8 rn W o$ cog > 10, ; �m _w �fA �_ V c O1Z L T c V d'c C a m O F (� u7 - N aD t0 10 a0 :G W O Df m m L Q O U mo "�� '� m"m ohm mo,�i c �:v� W v, vinaon.-c�<° 8 J °�Z� rn 8 Z -moos � �n�c ya m civ PQW p > w oo NC) CN c c� dvL m nw y ai -7a c0 W0)0)0)NNN N 7wm a'm Oa Oat W o. -v8 wm w$5c Uo .�c��a ° U0) C)mLL.m ON �Q' E.� °o �v wrc � y E? o4c--mow E Z W -E.G e.d 8 dpi Ali 8= w��° m N N m nS' E C_ m C C m w �O � Z ZUInS J (�a'� 1a T Fw> c �jr�ycatm g Zy=owc N -5 o w= cm ami ToL�o rati QptlP mm c Z>m Z�cQ �E•° S� o 3 2 E= m x' Fx E c o 2 �y Photos of shoot area from residential dwellings on Big River Drive Property owners: Abelein, Gothe, Sassen, McGovern, Ferris January kayaker N • • • Concerned Citizens and Neighbors along the Deschutes River: Close Shooting Zones South of Maxwell Bridge to Forest Acres Presentation to the Deschutes County Commissioners August 28, 2019 Barnes Sawyer Rooms Deschutes Service Center OVERVIEW AND CITIZEN CONCERNS A) Background 1. The existing hunting boundaries (see exhibits) were established in 1999; 20 years ago. 2. Boundaries are located perilously close to homes, forest traits and the river. 3. Since 1999, the surrounding neighborhoods reflect significant growth in Water Wonderlands I & 2; River Meadows; Forest Acres, Caldera Springs. 4. Increased activity a. Currently, more and more people are using the trails for hiking, dog walking, running, biking, snowshoeing, and cross-country skiing. b. River activity is now year round and has especially increased with the usage of paddle boards, kayaks, and canoes drawing additional people from outside these neighborhoods and the increased use of the Big River Campground, Big River Group Campground and Thousand Trails RV Park. B) Unsafe for hunting to continue 1. Innocent people could be injured while engaging in various activities along the river (see above year-round activities). 2. Hunters shoot out of designated hunting zones; shooting towards homes, Big River Campground, at the public boat launch, and Century Drive. (A dead Canada goose was found just off So Century Drive last year on the trail to the boat launch.) 3. Homes have been hit repeatedly. 4. One neighbor was shot at when she went out to tell hunters to stop shooting at her house. 5. While a grandfather was outside with his grandchildren, bird shot showered the roof and deck of the residence. 6. Hunters now routinely use maximum velocity 3.5 inch shotgun shells providing greater distance and wider shot pattern. In addition the practice of "skyscraping" (shooting at birds that are way too high) and "sluicing" (shooting low across water causing shot to skip across water) are simply bad hunting and reckless. 7. People using the trail and the river are frightened to ask hunters to obey the laws; common sense dictates that confronting someone who carries a gun is not a good idea especially in this day and age. 8. One hunter acting to intimidate a couple, shot directly over their heads AFTER he looked right at them. 9. Unknown hunters come onto our properties to retrieve birds making residents feel uncomfortable, despite the Ducks Unlimited signage notifying hunters that they are in an area surrounded by private property. Q Many hunters routinely act irresponsibly and break the law 1. Spent shells and garbage (including alcohol containers — see attached photo exhibits) are regularly left along the banks of the river or in the river. 2. Hunters often hunt outside of the legal hours for hunting (see chart). 3. Killed waterfowl have been found breasted out and the rest of the bodies left as waste, which equates to illegal field dressing and transporting of fowl. 4. Hunting blinds are not taken down daily (legal requirement -see attached photos) along a designated scenic river, but left throughout and after the hunting season. 5. Trees and brush are cut to construct blinds; illegal on Forest Service property. 6. More and more man-made materials are used to construct blinds (i.e. nails, screws, PVC pipes, pallets, and metal stakes). 7. Observed Great Blue Herons and Kingfishers being fired upon. There is potential danger for other birds, including hawks, eagles and owls who reside year round. 8. Killed and wounded waterfowl are not always retrieved. Dead or dying birds floating in the river is upsetting, especially to children. D) Lack of enforcement 1. L,aw enforcement agencies do not have the resources or manpower to patrol. 2. It is incumbent for citizens to report illegal activities. 3. Patrol territories are so large that officers often cannot respond in a timely manner once called. 2 E) Signage and Manuals are not an effective deterrent 1. Hunting boundary signs have been removed / thrown in river (we assume by hunters so they can claim they didn't know they were hunting out of bounds). 2. Rules and regulations signage erected by Ducks Unlimited is not heeded. 3. Polite notes from citizens asking hunters to pack out litter have been used for target practice or removed. 4. The Oregon Hunting and hunter's safety manuals and licensing requirements are being disregarded or ignored. F) Impact on residents I. Safety, for all the reasons above, is our main concern. 2. Locals refrain from regularly using trails and the river for approximately three months each year. 3. Clean up of litter, toilet paper and human feces and the removal of hunting blinds has become the burden of people who want to maintain an undisturbed, unspoiled and natural forest environment. 4. Quiet enjoyment of our properties is jeopardized: disturbed sleep, use of outdoor areas is dangerous and residing peacefully within our homes (yes, there is no escape from hearing every gunshot blast). 5. Gunshots are heard throughout the day sometimes for hours at a time, whereas it seems target practice, not hunting, is taking place. 6. We feel the privilege of hunting due to outdated hunting boundaries has become more important than the rights of others and the law. CLOSING A. We implore our County Commissioners to please act on improving the safety along the river before someone is injured. B. Our right to safety and quiet enjoyment of our properties should take a higher priority than those of irresponsible and law breaking hunters. C. Sunriver was able to close hunting as were other areas along the Big and Little Deschutes River. It is time to end hunting in our neighborhood and create a safe environment for all and recognize that hunting (and trapping) are no longer a compatible use for these public lands 3 and waterways. Especially with Wickiup Reservoir and Crane Prarie less than a half hour away. 4 11''1 ,, o a-INTIONNIMM Published Feb. 4, Zoog at o4:ooAM annIn '17n along the Up er Desehute!-'-n southern Deschutes County, after nearby residents I p eyDressed wtcerris that witerfowl hunters at the site might pose a safety threat. Residents have been contacl;- ing the Forest Service for several years now, said Rolando xk L i Rock d(---puty district ranger, with complaints about hunters shooting nearby, people trt;-3passmg and possibly damaging their property. -being, that shotgun pellets ... would hurt them or nibers," Mendez said. "They were describing interruption The Forest Service is planning to C3 implement a no -shooting zone south of Sunriver in an area previously used by waterfowl hunters. HOW rest —Orrent Ben Addfflow to k J P View larger image annIn '17n along the Up er Desehute!-'-n southern Deschutes County, after nearby residents I p eyDressed wtcerris that witerfowl hunters at the site might pose a safety threat. Residents have been contacl;- ing the Forest Service for several years now, said Rolando xk L i Rock d(---puty district ranger, with complaints about hunters shooting nearby, people trt;-3passmg and possibly damaging their property. -being, that shotgun pellets ... would hurt them or nibers," Mendez said. "They were describing interruption Bridge, said. R&TTINTould only 1 1 R the southern-most river curves around in a bai -.kwards "C" between river miles 202 and 203, just north of where Fall River flows the Deschutesand l of the South crossing. 1 A 1 A of residencesA. shootingsaid. forest land, he said, but thel 0 A.. "! '� A' fi A RRiver ... subdivision south _ is signedthe residents to sign a petit W a&L%AgLg.vi�eedistrict mbuld be an order supervisor to approve the rule later And much of the stretch alj�ing the Upper Deschutes in the Sunriver area, including ,. A, . � i . L R' . 1 „ .. �.V I L A i �. . � � - � -; m: �A At ` . ` � M' . ;.Smith, patrol captain with I ; lie Deschutes National Forest's law enforcement. Thiswould be *in one of the few areas not already covered president778"T - ME; if it is approved, could face a ticketof$250 he said. e,# rt-. g, i� i disappointment for area hunters, said Richard of e 1 chapter of the Oregon Hunters Association, r #A&,- I iff-limits for hunting. 4(rmere�s very few areas left hunters can go," he said. more of it ;1 area today, however, to d -, going 7' • •' .. Lt nowanywhere open ti t getting to where they're just taking more and nearby •b , . ,eo said, R i land waterfowl there for years. But there could be confusion, ;e land ends, and private property starts. to visit the other ' parcels for people to know where the boundaries are," Mendel Published Dec. 21, 2o17 at o9:oiPM / 11114CDIT December 22, 2017 at 05:37AM 1 w " ndreds of shotgun shells and casings cover the ,und at Coyote Butte, a legal shooting area located of China Hat Road south of Bend. (Ryan �nnecke/Bulletin file photo) 'View larger image I Buy photo L.. 3 ENO W.- cinder pit near Cabin Butte are unmistakable. rol e V M r , -r • . ('. •the bullets area, severaland target shooters. w ot a nice backstop ' / • I iliances and the almost -unrecognizable of a red people to shoot at, so you don't have as much of a risk else," said Kevin Larkin, ranger on the Bend -Fort • increasinalv • ^ • • • I Iffl—MM11MMIMMMI MIs use trails in the area, been shot in his district, inconvenienced are relal •'• •'I r firing a Vurw-ui.6in U, as well as HorseButte,'. . . w C • prevent . I , • • I / MIN 01 Service has I • issues with makingC101 Mr headlines. g, cinder buttes, along with others in the forest, hav;f. to other types of recreation. horseback ri' i other user groups - begun g conflict with target shooters. Larkin said no one has he added that anecdotes of new visitors feeling unsafe or it can be a little unsettling," Larkin said. "Sonne that it must be unsafe if it's nearby." the forest, including portions along the Deschutes River, limits for shooting. targetLarson said visitors are expected to shoot at a Q andtarget•Forest Crowding on popular moi issue in areas historically get busier. looking • his favorite trails in the • "As more and more peopli-r different experiences," Bill " • , president ' of 1.ft-ere's1 as portions of the forestget more• i.d visitors, cuttingis for with hunters. spots,' destinations Mil While he said he doesn't get nervous when he hears that it can be unsettling for some riders. Butte '. i where Swamp Wells and other trails • busy spring and fall weekends. received a permit application for a mountain bike tour to • " permittedarea. ve to Bendfor• • out w said. _e Oregon Hunters Association's Bend chapter, added - .c to the conflict between cyclists and shooters. As more larger cities with less of . gun culture, Littlefleld said 1' 1 '1 r ` r ♦ 1 IF 1 11 •:•1 1 r 1' IFMA 9 1 ! + vehicle riders. "We are a cycling said. 011 " Littlefield said. won't1. implementingchanges1 how agreedIc lands, and Campbell and Littlefield be 1e conscientious playing on public d. do their research before heading into the forest, to an area with a lot of mountain bikers or off-highway " he said. bikers need to be Oregon's forests. POPULATIOR Central Oregon has been among the fastest growing regions anywhere in the U.S. In -migration has been the dominating factor in the region's growth with approximately 7,000 new residents moving to the area from all over the country every year. At the same time, the region's ability to attract young families has resulted in strong birth rates. Source: Population Research Center, PSU, April 2019. (April 1, 2070 to July 1, 2018) "Net migration is one of Oregon's competitive advantages as we have historically been able to attract new residents to the state, expanding the labor force." Damon Runberg Regional Economist, State of Oregon Employment Department Fron',: Nelson -Dean, Jean A -FS Duck Blind and shooting t:: December 28, 2017 at 10:,1 Hello, Your e-mail regardir myself and our law I jurisdiction because am waiting to hear fi enforcement ca®tair Jean Nelsc Public Affe Forest Ser Deschutes p: 541-3834 c: 541-280-11 63095 De Bend, OR ('4 ►% 4 91 idm Caring for tl• This electronic message cont of this message or the use or penalties. If you believe you h lPl I your issue with shooting close to your home has been forwarded to nforcement. I am surprised that it is not within Deschutes County's of my experience dealing with similar items in the past; however, I 'm our law enforcement to respond and then either our law or myself will get back to you. Officer Ip tionai Forest s.fed.us !s Market Road I ✓/main/deschute/home land and serving people information generated by the USDA solely for the intended recipients. Any unauthorized interception losure of the information it contains may violate the law and subject the violator to civil or criminal received this message in error, please notify the sender and delete the email immediately. From: Tony DeBone Tony.DeBone eschutes.org Subject: FW: duck hunting and the neig ibors Date: April 2, 2018 at 9:43 AM To: Sue Abelein sue@greatnorthA astern.com, Karyl Gothe karylgothe®gmaii.com Sue and Karyl, Here is the other person I spokeabout the duck hunting in your area. As he mentions below he will be out of town for the next 10 days. Ic Please contact him after that Anthony (Tony) DeBone Commissioner 1300 NW Wail St. Suite 200 I Bet id, Oregon 97703 Tel: (541) 388.65681 Fax: (641),:85-3202 Enhancing the lives of citizens by delivering quality services in a cost-effective manner. .....Original Message ----- From: Gary Lewis [maiito:garyle soul Sent: Friday, March 30, 2018 90 PM To: Tony DeBone <Tony.DeBone dei Subject: duck hunting and the nei jhbc Hi Tony, If you want to give those ladies mil email address you can. I'm the SE Director for Oregon H tens Association, so 1 can talk to them in that capacity. I'm leaving for New Zealand in tho morning and will be gone till April 12. Gary Lewis P r Sue Abelein Big River Drive D at : January 12, 2018 at 10:37 AM Dear Commissioner Del We are Dan and Sue AI Deschutes River. We have been advised contact you for assistal hunters. and we live at 55411 Big River Drive, 97707, on the banks of the Shawn Reed, USFS law enforcement, and Lt. Rupert of DCSO, to in getting the hunting area across from our home dosed to duck Our home was built in 19 8, and our family has owned it since 1984-85. Per Shawn Reed, the boundaries for this duck I iunting area was set into place in 1999, when we were part time residents. We are now fu I time residents. The hunting area is 235 Yards from our back door. We are not anti hunting anti guns. My husband has been a duck/goose hunter in the past, but would never hunt in a nei hborhood. It is just too close to homes. Our home has been hit w 1th shot, and hunters have fired in our direction when we have been outside. We have made r umerous calls to the non emergency Sheriffs office, and have had officers come to our homi 31, and responded to our complaints. Shawn Reed has been to our home as well, and to the iunting sites and states that the hunters have made many violations to land use, with setting up rmanent duck blinds, leaving trash, and cutting down small trees. We have seen many duc s and geese wounded and left to die, or let drift down river when they haven't had any means to retrieve them. The noise of the shotgun various times during the i Many other home is frightening and very troubling to hear before dawn, and at in this area share our concerns. for your help in this matter. From: Karyl Clothe karylgothe@gme I.com Subject: Fwd: Date: April 15, 2018 at 10:33 AM To: kfoss@fs.fed.us Cc: sue@greatnorthwestem.com Sent from my iPad Begin forwarded message: From: Tony DeBone <Jqff__D& 3one@deschutes,o_r_q> Date: March 30, 2018 at 2:21: 4 PM PDT 70: 'Sue Abelein' <sue9_gr orthwes .c m>, Karyl Qothe <kkgrAgotftgS$ mai .com> Cc: Joe Deluca <Joe. eluc de chu es.o "Larkin, Kevin -FS" ddarkin@fs.fed.us> Subject: RE: checking In Sue and Karyl, Lt. Joe Deluca from I he Sheriffs' office Kevin Larkin from the Forest Service There is one more p rson that I will send along when I get his e-mail address. --Tony DeBone From: Sue Abelein Sent: Thursday, N To: Tony DeBone jqQJg_ftmaf Subject: checking Dear Tony, 29, 2018 5:05 PM Thank you for ge#ing back to us so promptly. We would like th( hunting zones, and Thanks again, Sue Abelein Karyl Gothe ,amen of the people that you talked to about closing the ow we can get in touch with there. S F,,�tmmfy kYDRO, rnepfio-,"ivOjie"� RE: Giumm4rm, ,�ono A,1"N One, ,ions t7t th".) vtldl flave' oul vou ran 3,J I I N, e 0 C Y M,ol,, C,'Nice -388436; ill.2,,- Bon.d. sheriff. org 0-ur a! eil fmailto:kmriverhaus@gmail.com S - T—th n Ga riba @deschutes.or > i a 77! 1 2z, y_g .--N than. Gad bayg desphul v (�-. s ` P I V , 3 D. iv� o �j j 1 e! 1 C, lhiv a of th, ,,,rfow; N-cliiznq. b i S lo fa,: as tl cxl tlo 'a ,,,I us s r, C .'), 1„J i e i e i v 0 i) i -kmriverhaus@qmaii.com ou o zre t. orref n s i�ie 1 'r 16, '01 ai t Ai'?, -*mriverhaus4gmail.com> vvri,,.Ice. �he llary U rriu;��Iin�l vjrv,� �3�lci lho "10 aitKnli I vtil It, o'leds. all(I !ot ocoUck�-in-, of lil'OS"', 121.iOs X1,1 I hor.);nc vou rmoht .......ti 1ix, "epldceJ , aon:a,, can ",gns or na -oo? Can z,rs r a'?, to i)oslod sp, ed mawlv )a.t .2. � —1. k - Ie I.IIZIIIM:,1`1111'1��fncj, r --I V I �S jo ,Plllv�i� hrive v)berl �:,t A),M; K i pis 0, i�, �v f- � " -, j )i 'E"", 0" t 3 p ICG.vv0l.,)�ul, %V-a-te, o' hese ame OTITE! Cpiatmq f r�-` ma(;h,'nic�-0 ��qu pnnent in 0� midde c)", �iru T; n�) - r 'wn U, - . o� � ; 1 i -, , Ar:y oan pircj`,,ide "ouid, h-.) :."dw', lr�v 6nd i ave Ashdov�,s'i .!i..':i's n . ""u!(` vz)"d i-- ,, onn: Larkin, Kevin -FS kiarkin .Fle(..rs biec:f: issue in OWW1 ,rate: September 4, 2018 at 5:03 PM Ms. Abelem, 1 understand you reached out lod dng to talk with me, presumably about shooting rear your home. l apologize for any misunderstanding — I have been in communication with Officer Reed, Kevin Foss, and Commissioner DeBone as they have visited with you. I didn't intend to avoid c xnmunication, but rather figured my participation in any discussions would be redundant, and 1 deferred to their expertise on the Dpic. If you would stili like to talk further, I would be happy to do so. Please feet free to reply to this note or call my office number bek lw. Again, sorry for the confusion! Kevin Larkin District Ranger Deschutes National Forest, B 63095 Deschutes Market Rd. Bend, OR 97702 (P) 541383-4760 kiaikin ,�fs.fed.us This electronic message contains of this message or the use or di penalties, if you believe you have ation generated by the USDA solely for the intended recipients. Any unauthorized interception of the information it contains may violate the law and subject the violator to civil or criminal ad this message in error, please notify the sender and delete the email immediately. From: Sue Abeleln sue@greatnortt Subject: Re: Hunting close to homes Date: September 11, 2018 at 7:20 F To: ODFW Info odfw.info@state.( *Neighborhoods On Sep 11, 2018, at 1:14 PM, Sue, The Oregon Department of Fi from a residence to hunt or sr Matthew A. Falk Public Information Assistant, I Oregon Department of Fish ai 4034 Fairview Industrial Drive Salem, OR 97302 Ph: (503) 947-6027 Web odfw.info@state.or.us -----Original Message ----- From: Sue Abelein [mailto:suec Sent: Saturday, September 08, To: odfw. info@ state. or. us Subject: Hunting close to home How close can you hunt to hon Sent from my iPad .Com Info <odfw.info @st teg or.us> wrote: and Wildlife does not have any rules or regulations that establish a minimum distance you must be t. It is not legal to hunt within the corporate limits of any city or town. armation and Education Division Wildlife 8 6:42 PM and neighborhoods in 97707? From: @Caryl ka=y ,)the ,gt,I Subject: Hunting Issues Date: June 28, 2018 at 326 PRA Kevin, We are reaching out to you again visit so you could see the boundai campgrounds who want to use thi live right on the river who are dire( warden's name and number. We (h) or email me. Any help you could provide would Best, Karyi Gothe 55447 Big River Dr. Bend, OR. 97707 Sent from my Wad arding the hunting issues on the upper Deschutes. If you recall, you were going to make a site problems that effect the safety of residents in surrounding neighborhoods and visitors to the dis during hunting season, all of the various boaters coming down the river, and those of us who put in jeopardy during hunting season. Please recall you were also going to provide a game tld appreciate hearing back from you. Please call me at (503) 781-3467 (c) or (541) 593-3213 greatly appreciated. Thank you in advance for your follow up. Tothe Deschutes Co. Commissioners: Re: Safety concerns of the hunting corridor on the Upper Deschutes River Please review and consider closing down a waterfowl hunting corridor extending from approximately River Mile 199 near the Robert Maxwell Veterans Memorial Bridge over the Upper Deschutes river to approximately River Mile 203 just outside the north boundary of River Forest Acres community. We live in the community of River Meadows along the upper Deschutes River just north of the above area described. Living here for i3years and being avid hikers and dog walkers and occasional mountain bikers and kayakers, we have done all these activities along the river trail and the river upstream extending from our community to the "spring" adjacent to the northern boundary of River Forest Acres community. A section of this 1.5 mile one way trail has been marked for waterfowl hunting. Not being aware of varying hunting times and dates, we have often hiked or dog walked this trail and have been totally caught off -guard with goose/duck hunters shooting adjacent to us, as the trail often skirts the west side ofthe river. In the 13 yrs. of living he/e, we have noticed mn astounding increase in recreational activity along this hunting corridor with river traffic being almost non-stop at times. We have been told of multiple residences across the river from the hunting section that have had bird shot land close totheir homes and occupants. This especially ioaconcern and safety issue for these residents. Because many neoreationistmere not necessarily iooal, we feel that many are o|uoieea as to this section of the river being open to hunting. We recently learned that an early open season on hunting Canadian geese will occur from Sept. 8-12. With Sept. weather being usually pleasant, we are sure there will be heavy river traffic during this period with kayakers, paddle boarders, and boaters floating through the hunting corridor, as this is a popular route from LaP{ne State Park to the marina across from Big River Campground. This would be totally unsafe for unsuspecting noonamhnniyto. Another concern in the years of our hiking this route, we have come across illegal, permanently built duck blinds, using metal fence posts and wood pallet construction in one particular case. We have reported these illegal structures along the river banks to Forest Service personnel, who have stated that they are unlawful, but they do not have the manpower to send out to the area to deconstruct them, leaving this job to the public toclean up. Because target shooting is restricted within 150 yds. of a residence or occupied area, we would hope that this hunting corridor would be restricted in the same way and abolished as being a public safety hazard. Respectfully submitted, Donna Harris D.V.M. Dwane K.Williams August 25, 2019 Statement to Commissioners Public Input Session Wednesday, August 28, 2019 RE: Shooting Zone Closure Deschutes River Corridor My name is Kate Jones. I live on Big River Drive in Water Wonderland One. I am a registered voter, a full time resident of Deschutes County, and truly enjoy our community. I feel that being a part of a community makes me responsible to help keep it as safe as possible for everyone and everything — kids, pets, homes, forests and waterways. Living adjacent to the river, paddling the river - running, snowshoeing, walking the local trails has given me great joy and also great cause for concern. My biggest concern is public safety along the river corridor. The open shoot zones need to be closed permanently. Reckless and irresponsible hunters have consistently created dangerous conditions shooting from these zones. I am not anti -hunter, my husband Dan is an avid bird hunter. He is experienced, respectful and conscientious. He is involved with Ducks Unlimited and their ongoing conservation efforts. There are many other areas to hunt, they may involve a little more work but there are plenty of places to go. I believe these hunters have been emboldened in their behavior by the complete lack of enforcement or consequence from a—.X agency — excuse the pun, but jurisdiction seems to be a moving target. The enforcement division of the Forest Service will not act, Sheriffs are unable to observe the conditions as they occur and arrive after the fact as these are not emergencies, ODFW doesn't have the resources either. Yes we understand this is a legal activity. Yes we understand this is a low priority for law enforcement. Yes we understand the limited resources available. But why should we be held hostage by the conditions created? Why should I have to stay out of my backyard, off the trails and off the river for months at a time in order to feel safe? As we all know the increase in recreational use of the river has exploded. These are not just locals. Our area brings thousands of visitors. The river and trail systems are used year round. Early goose hunt this year is September 7 and runs for 5 days. Do most people know this? Not likely. Do tour operators know this? Not likely — we know in fact one tour company did not. What is someone on the river supposed to do when they come around the bend and hear shots being fired? Paddle back up river? Try to get out of the river? Families, kids, dogs... What happens when someone is injured due to hunting activities? This is a matter of "when, not if'. I'm certainly not a lawyer but.1 would venture to guess that in that scenario an attorney could prove that the county commissioners as well as local law enforcement were made aware of the dangerous conditions and did nothing to enforce or end it. It should not have to take a petition process to close the shoot zones — this is a serious public safety issue. A simple solution? Close the shoot zones. Thank you for listening to our concerns. Keith Hadley statement from email dated Aug 25, 2019 1 have witnessed bird hunting and blind building for at least three years (2017-2019) along the trail and I have personally "deconstructed" some of the blinds. I have shared several photos of the most recent (fall 2017 and 2018) blinds indirectly with a USFS employee. This shared information, especially regarding the 2018-2019 blind, was unofficially considered permanent by a USFS employee. The "unofficial" nature of the consideration needs attention and clarification by one of the several government federal to local agencies or state/county/public appointees. I struggle to find any reason why this could not be legally determined within a few days at most. This notion should further dovetail with the related but more serious issues of public safety. While I understand the inadequate USFS funding to employ a sufficient law enforcement agents, the lack of attention to the illegal blind construction, begs the question as to what are the limits and standards to ensure public safety and resource degradation. Hearsay has noted that shot gun shots in the general direction of homes on the east bank has experienced shot contact with some of these houses. Any shot collection would surely strengthen any contesting bird hunting along the River Trail areas. Not meant to be confounding, it is worth noting that deer hunting with rifles are not uncommon in west of the Deschutes River area. The ballistics of these weapons far exceed any logical Justification of hunting within a mile of residences. Attached are a few photos of these illegal structures I collected in 2017-2019. If for no other reason, it is illegal to build permanent style hunting blinds. Bird hunting, trapping, and large animal hunting are all contrary to the common use of this area and the protection of those living near the river. Keith Hadley 55700 Wagon Master Way To whom it concerns; We are writing in support of our Deschutes River neighbors who are urging that area hunting boundaries, established some 20 years ago be adjusted to reflect current neighborhoods and river usage and that hunting be banned from Maxwell Bridge to Forest Acres. We feel that all points listed by the Concerned Citizens and Neighbors along the Deschutes River are valid, convincing and appropriate for your consideration. Respectfully, Stephen and Janet Ferris 55455 Big River Drive Sunriver OR 97707 T n, mo�,:-fy regardiin.r,-- nt�.nq safely art the, Lipper Deschutes, fo,,"n Bi",,j, 'Riv,&.- tio Rkver Thank yo,-,; for allov;ing uis tozidc' ss . s is ' ycw, Is s thi S Ue o, "h -C ol., c he . fely rc.,�g-ar..Jrne,.-j is � �, j t - f ta;ur concern for Ir , sa et €_.I et Wat e0cov',d I-Iund',J-,q , easons, \,,"Ve believe that ailov,,ing hin-r-Iing m ln-,s area b,.--, �re-addr-e .�-edl cu, -ie tc� 6m innsase of Mose hving V Me ma. CDU7 propely, E55,,9,0 Fc -,,,res, is an i' e, %vest', Si"J"e, cof -,he notering US Fcve,,st S, zna, it, is di-rectly nolh as AS as aacrc-ss the, river fr.mrn pr,,-,,per!y,, lv,'Ve Stnessed the Acreased usage 'YEAR. RC)UNID of tirte tiriai� t,,ys.,, -,,-,rt IL.,y isof se , iking, as e g, There i,,-, [&Ise, a htu,,,-je launching their padc,11r, anoc` Two yea-, aq.,,.,,�, a�-:,-,, we vvere: %vaIkiq,,, on the cat a humer who had sei uo a b1i(q 1),wri'e'd .r-.; Seman, made eye comW vMh to, as h , yaNs oH W IQ rwncd and F - C � - t, y 0 `tit„ r -', "", r h,,, hi � t rfiev, p tn.r toward the forest desyme Wd- v -v -x the -re, Th e is a, "No, Irlhumfinq n, r, alt, -vve had tc, repl,;sce after m(';eone. it: '..mak-'rse he s,,,) It lhrcmviie surf',,e ,.urtters,, rave set up a Wd. go A is m hu,-Oi�,--iq &.etem with Me - 1 argon sign postod, we SH on occalor see u. t_. rs frci-it o� ! rom -o"u'r This usudly occars in the early eszs than ?C)O"ft As rn.enticoniedthe 011 is mulf use by both Rive- Fore -n : A,-1,,,es as Well C C, s " a - c c-;t.,-Hrs frt,-,m� neigr,-b6rina� concern & safinty, an-,,- un(7' vv r -'ablishe v t,�a r S a Pv h e, -, t h se,-, r u,! e s t c to n t sm r e e s d' dense !,jop,-ula,c-n and ,�vas riroit ai-- -y i! tiritat €..;'r tc, be A at -id a, uee, -s 'is ,iea,- i-inda WMaster and I hac-11 J ri to up - eau --, 0 tn. t � apt r, uise" -e defecating, which ovas WR by hunns i - e parkinv, area yacem !o Fropery aher Que sue Vains, pty orasov eirrAy sh Is, ,Jgaretzewig a. c-,�Otring, s'r - ;s t d r a i n, s rnaterAL em. tat we jel ON& on the shm. a , ,-,,e nemeen this Pore and the si.N t, A iirgyi cimp is USSOY t t f,..JJI to, tht, Slow! ;Is oml. Each ycar lowards e,)fnd "ot V'h�.e, nt.s .,mg i � easc)r, many,, f us ,.h „a line'r lelrt b,,--ind so when the water is m1ased back So .me Nver it -,,c - be a wiid�if& :ro er,,cour�ter, G,;r ncxig-hbcir �n R�vcn, F,, -,rest Linda Lasilaster (16454 Bala"s 91&62T95Wn Wen pkks up Vast) ieft el -ii, `..d Y Atta',,cr-*d isa',, takt,,n by Unda Adch , ep�r--s Vne, hash and Work leh AM by ca.rel, ss and neg�iger"',I rs� Notabiiy, ALL of the Vash shown in rihvs pic, r.-- was picked .,;p �Jflriri juit , 45 0, lhi - i, c 7,,ry yf,,,, r this is siimply vvzavk, -:,ing the rivor, TT t> s ,.,v(, Recenody, ran"E-ariy S a,,s e has been imnin'q; Suptew-Ax, 01- the . �r s & n v ---n , arf�,, sfil� N41W.NY pe:,dd bo �'-fters t��,mnjoyi 9 the, rivar. Again have witnessed hearing �shots .,JV,1hin just rnwnems have sew, people c','omirig --.p or going down rwr &ppnua.,,r1-4nahap ") lihat. are,,., Wil',,, i -z t� ke or a, deann tc I ;penr, be ,?re this i-ssuc, i!3 r1,JId-----,�;,.,---td,, 'tA' Q arc, nr,,t bc", to orquy unw) dov,-, ythe, rr-,V,-,r s.or wMen q is sull tech n icai"Iy stumman 6,difio!'-'i Wh the £"; Eli sezascn, %*,,eare, by g., -,,n s-Iniotts shor,!y after 6 wrn; M do hapo and enmxgaye you to Krim, To,.s'-� e"ty j's �j �veiop,,rne-nz' "or neyhWoods is in the *--�rocess; ot apprc-,o,,sw by the, ccunty, we- hope I -i" hw - nq areas so, close tia '..he res�denc.,. s. T'rne-,S hav,'e iii ec,'r-tside" tirte irnpacl. c-, I mk' g' rd -',iabi�ity tf-,� Dit�s"J'cis tL—";' C;-uflf' you to consker some of, thease points w.'rien rinakiing a ne,ga..rdin.g, t' is of iblne C,,asch-ute:�.s, Erik and Kathy Efastrnza-- ,551,-H R.--v,'est Larie Berxt I -T707 (malng acdmss,",i Ai',Iachrn-en,ts sjt-fT,,it, ptl ,�)tos of dends left by hunters Commissioners Meeting August 28, 2019 Good morning. My name is Karyl Gothe and I live in the south part of Deschutes County in Water Wonderland I on the Deschutes River. My neighbors from Water Wonderland, River Meadows, and Forest Acres are here today as well. Some of those who could not attend have signed an informal petition in support or sent written support. Specifically, we want to close hunting along the upper Deschutes River from Maxwell Bridge to Forest Acres. Living in this area has taught us a lot about safety and prevention, because we live with the possibility of a forest fire on a regular basis and we do whatever is necessary to prevent them. We take measures to minimize threats in order to keep people, properties, and our forests safe. However, there is one threat that we live with for several months each year that is truly an accident ready to happen. Specifically, I am talking about the conflict of water fowl hunting near residential neighborhoods, near forest trails and along the river itself. The conflicts have escalated greatly with outdated hunting boundaries that were established in 1999, over 20 years ago. In the packet you've received there is an outline of our main concerns, maps, articles pictures, and testimonials. Let's look at the map and photos to understand the bizarre nature of the hunting boundaries and the proximity to homes. Note that the boundary map is so old that General Patch Bridge no longer exists (since 2008) and Maxwell Bridge is not identified (built 2004). Please understand that anyone using the trails or the river is unsafe. One very active trail begins directly across from two campgrounds and the public boat launch which is simply an invitation to enter the forest. There are several trailheads from Forest Acres. All the trails interconnect taking you through hunting zones. Then, of course, there are all of the people who fish, float and boat the river past the hunting zones. Activities have increased dramatically each year, and are now year-round, as people push out of the city to recreate or are moving into surrounding neighborhoods, which are continuing to build out with a new, large subdivision in the planning stages. We are not anti -hunting. We are pro -safety. But, obviously, hunting in residential and recreational areas simply don't mix. It is unequivocally dangerous for hunting to continue, especially when hunters act irresponsibly shooting at homes, through blind spots where they can't see someone on the trail or water, and blatantly disregarding curtesy and common sense. We can't close the forest or the river, but we can put an end to hunting here. I urge you to please read through all of the points of concerns. These are real life situations that are happening and increasing each year. Each of us here has our own personal stories. There would be more if only the forest and river could talk. So it's incumbent upon the people in our neighborhoods to speak up and be proactive. We've called every agency; but, no one wants to own the problem, even if they are sympathetic to our situation. Officers are slow to respond because resources prohibit more officers in a very large territory and hunters are gone before they even show up. This situation effects us every year for about three months, longer this year because there is an early goose season that begins September 7th just 10 days from today—when there will still be many people enjoying the good weather and the activities this area provides. For many of us, each hunting season means, for nearly one quarter of each year, surrendering to the hunters' noise and losing quiet enjoyment of our homes and properties, giving up normal sleeping hours, feeling intimidated and frightened, and then being bestowed with the honor of cleaning up after the hunters who go home to their own safe, peaceful, and clean neighborhoods. However, let's be really clear about this—none of this compares to the threat of our safety— and that of innocent recreational enthusiasts— just because irresponsible hunters take advantage of outdated hunting boundaries. Please, we implore you to close the hunting between Maxwell Bridge and Forest Acres. It is incumbent to keep people, properties, our forests and river safe. Thank you. My husband and I recently purchased land in Oregon Winter Wonderland, with the intention of moving our family out there in a few years time from our current residence in Bend. As you are aware, Central Oregon is rapidly expanding causing more people to flock to the area South of Sunriver along the Deschutes River and National Forest than ever before. With such an influx of people to the area, one cannot ignore the fact that the area is no longer the sleepy, quiet location it once was. Old laws put in place to manage recreation in the area are no longer applicable nor serving their purpose for civil harmony and safety among users. As the weqxcn *,'ows it's time to reassess the laws and boundarll lines to ensure they continue to meet the needs of all residents and recreation users in the area. No residents should be made to feel afraid to leave their home during the fall hunting months and be forced to limit their own outdoor enjoyment so that another can prevail. We chose to purchase land in the area so that our own children may go and explore the surrounding national forest, to gain an appreciation for the outdoors and ensure stewardship for the next generation. Currently, we do not feel this would be safe to allow our children to move around freely and explore the area in our own iq an amiressive interaction or beinj shot at. For your own children, would 4111rdpiElum"Rel"N' rIM Recreation users of all kinds can and should continue to enjoy the area, but cannot do so without proper management from the county. 'We are respectfully asking you to step in, as stewards ofthe area, to properly manage the current conflict that exists among year round recreators in the area. Failure to do so has big implications where a worst case scenario could result in death or serious injury to an unsuspecting resident, Join us, and the many residents of the area, in recognizing tha ,It a Forest Acres. With respect, Carly Sullivan KAyname keSue Abelein I have lived in OWW1, along the Deschutes river, full time for 3 years, with my family owning the property since 1984. 1 want to call your attention to the Bend Bulletin article by Kate Ramsayer, "No shooting Zone to be expanded near Sunriver, This is exactly what is going on today in our are of OWW1. First of all, I need to convey that my husband Dan and I are NOT anti hunting or anti guns. Dan has been an avid hunter all his |iye, and a legal and responsible gun owner. He would never think of hunting near homes or in a neighborhood. Many responsible hunters have expressed the exact same sentiments, and are irritated that these few make the rest ofthe hunters look bad. My first experience with recklessness was in Oct, 2016. While reading at my window inside my home, I heard a shot that didn't sound like the usual shotgun blast. I turned my chair towards the river, and saw a spray ofbird shot dance across the top ofthe water, down stream, well outside ofthe legal boundary. I left my chair to talk to the hunter(outside), and as I approached the nearest edge of my deck to the river, hefired again. Spraying shot along the top nfthe water right infront Vfme. I went in the house and immediately called 911. Officer Dozier arrived about 30 minutes later, and said that hewould report it to ODFW, but there wasn't anything DCSO could do. In this day and age it is very troubling being shot at, while in/out nfyour own home. An afternoon of playing outside with our grandkids and son in law, turned into running in fear to get away from bird shot being rained down on our roof and yard. Hunters had apparently come for an afternoon hunt, since vvehadn't heard shots fired earlier. We have made many calls to the non emergency DCSO to report shots fired before or after daylight and sundown. Unretrieved, dead or injured bin1e. left towaste. We have watched many"dog-|ese''hunbans wade across the Deschutes horetrieve downed birds, with many turning back when itgets too hard ortoo deep. Officer Joe Delucca DCSO , told me over the phone, and gave me permission to quote him, that "it is a weird, small area open to hunting, and that he used to hunt there until he realized how small and close it was tohomem" Many of the officers that have responded to our calls have said, the these are the "lazy hunters that don't want hogoany further than they have to. From October to the end of January, WE have to give up our right to safety, and our sense of well being inour own homes, noofew hunters can "nauneate" Hunters have many places to hunt in Deschutes County, but we don't have any other places to live. Please close this small area that is open to hunting in our neighborhood and give us back our safety, peace, and quiet. a Iji 11 M ... . . ....... ill V, �A lq� AS Z � Mi -L ; oM 65411 Ai d Y& 6, 776.x. 'rlu 770'7 77707 Age-& ~l � | NLi8L�� to � FOREST ACRES Blinds left standing Trash Evidence of campfire � � � » « 2� � °� ��<�� \ � � : \� � � � � � } The table below is used for game bird seasons during specified dates. Shooting visibility may vary according to weather conditions. Legal shooting hours are listed in the table below, except for the following: 1. Fee pheasant hunt shooting hours begin at the time listed in this table and end at 5:00 p.m. at E.E. Wilson and Fern Ridge WAs. Sauvie Island WA ends at 6:00 p.m. Denman WA shooting hours follow the table below. 2. Sept. youth upland hunts, refer to pages 26-27. 3. Northwest Permit Goose Season refer to page 23. 4. Some state or federal areas may have specific shooting hours; refer to pages 32-40. ZONE A: All of Clatsop, Columbia, Tillamook, Washington, Multnomah, Yamhill, Clackamas, Lincoln, Polk, Marion, Benton, Linn, Lane, Douglas, Coos, Curry, Josephine and Jackson cos. ZONE B. All of Hood River, Wasco, Sherman, Gilliam, Jefferson, Wheeler, Deschutes and Crook cos. ZONE C: All of Klamath and Lake cos. ZONE D: All of Morrow, Umatilla, Union, Wallowa, Grant, Baker, Harney and *Malheur cos. Note: Legal spring turkey season shooting hours are''/ -hour before sunrise to sunset. Refer to local newspapers for sunrise and sunset times and plan. accordingly. y_. /•( OGD ��-� WASH.'mul�.l',: `pvrt d'�S UMATILLA WALLOWA 6:07 AM � MORROW UNION VAMNILL CLACKAMASI .citunul.l 6:00 AM 'O'K (j WASCO /:Z5 rivi MARION wxFE�ER BAKER air JEFFERSON 7:32 PM LINN ZONE B GRANT \ 7:23 PM CENTRAL 7:12; PM 6:51 AM OREGON CROOK ZONE A LANE DESCHUTEB - j �(}N WESTERN 7:10 PM 6:15 AM OREGON 6:04 AM OREGOR ., Coos DOUGLAS } ..I HARVEY �8,` IAKP. JRRY IKLAMATH ZONE C JDSF.>n,ue JACKSON KLAMATH AND LAKE COUNTIES *A pard®n of Malheur Co is included In the Mt Time Zone — plan accordingly. Cent 1 CPnt 6 6:07 AM 7:45 PM 5:58 AM 7:37 PM 6:00 AM t::55 NM 5:46 tuvi /:Z5 rivi o:11a tizvi o:e.v rl- Sept. 7 - Sept. 13 6:15 AM 7:32 PM 6:06 AM 7:24 PM 6;08 AM 7:23 PM 5:56 AM 7:12; PM 6:51 AM 8:08 PM Sept. 14 - Sept. 20 6:23 AM 7:19 PM 6:14 AM 7:10 PM 6:15 AM 7:10 PM 6:04 AM 7:00 PM 6:59 AM 7:55 PM Daylight Sept, 21 - Sept. 27 6:31 AM 7:06 PM 6:23 AM 6:57 PM 6:23 AM 6:58 PM : 6:12 AM 6:47 PM 7:07 AM 7;42 PM Saving Sept. 28 - Oct. 4 6:40 AM 6:53 PM 6:31 AM 6:44 PM 6:31 AM 6:45 PM 6:20 AM 6:34 PM 7:15 AM 7:29 PM Time {DST) Oct. 5 -Oct: 11 6:48 AM 6:40 PM ' 6:40 AM 6:31 PM 6:39 AM 6;33 PM ` 6:29 AM 6:21 PM 7:24 AM 7:16 PM Oct. 12 - Oct. 18 6:57 AM 6:28 PM 6:49 AM 6:19 PM 6:47 AM 6:21 PM 6:37 AM 6;09 PM 7:32 AM 7:04 PM Oct. 19 - Oct. 25 7:06 AM 6:17 PM 6:58 AM 6:07 PM 6:55 AM 6:10 PM 6:46 AM 5:58 PM 7:41 AM 6:53 PM Oct. 26 - Nov. 2 7:15 AM 6:06 PM 7:07 AM 5:57 PM 7:04 AM 6:00 PM 6:55 AM 5:47 PM 7:50 AM 6:42 PM Nov. 3 - Nov. 8 6:24 AM 4:57 PM 6:16 AM 4:47 PM 6:13 AM 4:51 PM 6:04 AM 4:38 PM '7;00 AM ' 5:33 PM Nov. 9 - Nov. 15 6:33 AM 4:49 PM 6:26 AM 4:39 PM 6:22 AM 4:44 PM 6:14 AM 4:30 PM 7:09 AM 5:25 PM Nov. 16 - Nov. 22 6:42 AM 4:42 PM 6;35 AM 4:32 PM 6:30 AM 4:37 PM 6:23 AM 4:23 PM 7:18 AM ; 5:18 PM Nov. 23 - Nov. 29 6:51, AM 4:37 PM 6:44 AM 4:27 PM 6:39 AM 4:33 PM 6:31 AM 4:18 PM 7:27 AM 5:13 PM Nov. 30 - Dec. 6 6:59 AM 4:34 PM 6:52 AM 4:24 PM 6:47 AM ' 4:30 PM 6:39 AM 4:15 PM 7:35 AM 5:10 PM' Dec. 7 - Dec. 13 7:06 AM 4:33 PM 6:59 AM 4:23 PM 6:53 AM 4:30 PM 6:46 AM 4:14 PM 7:42 AM 5:10 PM Dec. 14 -:Dec. 20 7:12 AM 4:35 PM 7:05 AM 4;24 PM 6:59 AM '4:31 PM 6:52 AM 4:16 PM 7:47 AM 5:11 PM Dec. 21 - Dec. 27 7:15 AM 4:38 PM 7:09 AM 4:27 PM 7:02 AM 4:34 PM 6:56 AM 4:19 PM 7:51 AM 5:14 PM Standard Dec. 28 - Jan. 3 7:17 AM 4:43 PM 7:10 AM 4:32 PM 7:04 AM 4:39 PM 6:57 AM 4:24 PM 7:53 AM ' 5:19 PM Time Jan. 4 - Jan. 10 7:17 AM 4:50 PM 7:10 AM 4:39 PM 7:04 AM 4:46 PM 6:57 AM 4:31 PM 7:52 AM 5:26 PM Jan. 11 - Jan. 17 7:15 AM 4:58 PM ` 7;08 AM 4:47 PM 7:02 AM 4:54 PM 6:55 AM ' 4:39 PM 7:50 AM 5:34 PM Jan. 18 - Jan. 24 7:10 AM 5:07 PM 7:03 AM 4:56 PM 6:58 AM 5:02 PM 6:51 AM 4:48 PM 7:46 AM 5:43 PM Jan. 25 - Jan. 31 7:04 AM 5:16 PM < 6:57 AM 5:06 PM 6;53 AM ;5:11 PM 6;45 AM 4:57 PM 7:40 AM ' 5:52 PM Feb. 1 - Feb. 7 6:57 AM 5:26 PM 6:49 AM 5:16 PM 6:45 AM 5:20 PM 6:37 AM 5:07 PM 7:32 AM 6:02 PM Feb. 8 - Feb. 14 6:48 AM 5:36 PM ` 6:40 AM 5:26 PM 6:37 AM 5:30 PM 6:28 AM 5:16 PM 7:23 AM 6:12 PM Feb. 15 - Feb. 21 6:37 AM 5:45 PM 6:30 AM 5:36 PM 6:27 AM 5:39 PM 6:18 AM 5:26 PM 7:13 AM 6:21 PM Feb. 22 - Feb. 28 6:26 AM 5:55 PM 6:18 AM 5;45 PM 6:17 AM 5:48 PM 6:07 AM 5:35 PM 7:02 AM 6:31 PM Feb. 29 - Mar. 7 6:15 AM 6:04 PM 6:06 AM 5:55 PM 6:05 AM 5:57 PM 5:55 AM 5:45 PM 6:50 AM 6:40 PM DST Mar: 8 - Mar. 10 7:04 AM 7:12 PM 6:56 AM 7:03 PM 6:55 AM 7:04 PM 6:45 AM 6:52 PM 7:40 AM 7:47 PM 2019-20 OREGON GAME BIRD REGULATIONS !51 R or NOW 3 N s 12 WIN, MAK, ON MAU .0 , AS ss USI -11k U.S. FOREST SERVICE 41 W Caring for the land and serving people United StateV)Department of Agriculture (hftp://www.usda.gov) Home (/) / Visit Us (/visit) / Know Before You Go (/visit/know-before-you-go) / Shooting Target shooting is allowed on national forest or grassland unless restricted. Check your local ranger district for more information about local restriction. In general, you should target shoot only if you: • Use approved targets. Certain forests may have specific restrictions, such as the type of targets used (i.e. cardboard targets, paper targets, clay pigeons). o Exploding targets are not recommended and are restricted on many forests or grasslands for safety and fire concerns. • Use approved targets along with a safe, "bullet-proof' backstop. Do not to attach your targets to vegetation or structures, such as; trees, log decks, slash piles, fences, or water tanks. • Practice safe gun handling by: a Treating every gun as if it is loaded. a Never letting the muzzle of a firearm point at anything you do not intend to shoot. • Keeping your finger off of the trigger until your sights are on the target and you are ready to shoot. o Making sure of your target and what is beyond. • Are not in possession of alcoholic beverages while discharging a firearm. \)I ES E S CSG � 2 Q 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 28, 2019 DATE: August 21, 2019 FROM: Randy McCulley, Road Department, TITLE OF AGENDA ITEM: Consideration of Approval of Purchase of Mower/Tractor with Boom RECOMMENDATION & ACTION REQUESTED: Approval with suggested motion: "I move to approve purchase of a John Deere Cab Tractor from Pape Machinery Inc. in the amount of $164,454.46." BACKGROUND AND POLICY IMPLICATIONS: In the FY 20 Budget, the BOCC approved the purchase of a tractor/mower with boom to replace two 25 -year old mowers with one multi-purpose piece of equipment. A tractor/mower is an essential piece of equipment for vegetative maintenance of right-of-way, which exceeds 3,200 acres of non -paved acreage in the county system. The procurement will occur via use of the State Price Agreement. FISCAL IMPLICATIONS: The purchase price of $164,454,46 is $5,500 below the budgeted amount and will be funded via the Road Department's Building/Equipment Fund (330). ATTENDANCE: Randy McCulley, Road Department Fleet/Equipment Manager aJOHN DEERE Ensure your equipment arrives with no delay. Issuey our Purchase Order or Letter of Intent. To expedite the ordering process, please include the following information in Purchase Order For any questions, please contact: or Letter of Intent: ❑ Shipping address ❑ Billing address Vendor: John Deere Company ❑ 2000 John Deere Run Cary, NC 27513 ❑ Contract name and/or number ❑ Signature ❑ Tax exempt certificate, if applicable The John Deere Government Sales Team Don Denning Pape Machinery, Inc. 20444 Cady Way Bend, OR 97701 Tel: 541-633-7671 Mobile Phone: 541-480-2360 Fax: 541-633-7575 Email: ddenning@papemachinery.com JOHN DEERE M, p33 Quote Id: 18956378 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 I i MACHINERY ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 20444 Cady Way Bend, OR 97701 541-633-7671 agbend@papemachinery.com Prepared For: Deschutes County Road Department Delivering Dealer: Don Denning Pape Machinery, Inc. 20444 Cady Way Bend, OR 97701 541-633-7671 agbend@papemachinery.com Date: 11 February 2019 MACHINERY Proposal For: Quote Prepared By: DON DENNING 541-480-2360 ddenning@papemachinery.com Confidential Offer Expires: 13 March 2019 IN M s __ (DEERE �ry ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS* 60-7690989 Prepared For: Deschutes County Road Department 61150 Se 27th St Bend, OR 97702 Business: 541-388-6581 , 1) MACHINERY ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 20444 Cady Way Bend, OR 97701 541-633-7671 agbend@papemachinery.com Quote Summary Delivering Dealer: Pape Machinery, Inc. Don Denning 20444 Cady Way Bend, OR 97701 Phone: 541-633-7671 Mobile: 541-480-2360 ddenning@papemachinery.com Quote ID: Created On: Last Modified On: Expiration Date: 18956378 11 February 2019 02 August 2019 13 March 2019 Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 6130M Cab Tractor $ 191,667.00 $ 164,454.46 X 1 = $ 164,454.46 Contract: OR Lawn and Garden Equipment 1443 (PG 25 CG 22) Price Effective Date: February 14, 2018 Equipment Total Includes Fees and Non -contract items Salesperson: X $ 164,454.46 Quote Summary Equipment Total $ 164,454.46 Trade In SubTotal $ 164,454.46 Est. Service $ 0.00 Agreement Tax Total $ 164,454.46 Down Payment (0.00) Rental Applied. (0.00) Balance Due $ 164,454.46 Confidential Accepted By: X JOHN DEERE Selling Equipment Quote Id: 18956378 Customer Name: DESCHUTES COUNTY ROAD DEPARTMENT R',M' MACHINERY ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: Deere & Company Pape Machinery, Inc. 2000 John Deere Run 20444 Cady Way Cary, NC 27513 Bend, OR 97701 FED ID: 36-2382580; DUNS#: 60-7690989 541-633-7671 agbend@papemachinery.com Confidential JOHN DEERE 6130M Cab Tractor Contract: OR Lawn and Garden Equipment 1443 (PG 25 CG Suggested List 22) $ 191, 667.00 Price Effective Date: February 14, 2018 Selling Price * $ 164, 454.46 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price OORBL 6130M Cab Tractor 1 $ 22.25 $ 24,532.18 $ 85,724.82 $ 85,724.82 110, 257.00 Standard Options - Per Unit 0202 United States 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 0409 English 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 0501 No package 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 873U Light Package - Standard 1 $ 438.00 22.25 $ 97.46 $ 340.54 $ 340.54 878M Condenser Screen 1 $ 21.00 22.25 $ 4.67 $ 16.33 $ 16.33 1436 PowrQuad Plus - 24/24, 40 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 km/h 2073 Standard Cab 1 $ 2,693.00 22.25 $ 599.19 $ 2,093.81 $ 2,093.81 2127 Economy Seat 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 2511 Mirrors - Left-hand and 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 Right-hand Manual Telescopic 2631 Panorama Front Windshield 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 2650 Radio Preparation 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 3232 Hydraulic Pump - 80 I/min 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 3338 3 Mechanical SCVs (3 SCV 1 $ 1,000.00 22.25 $ 222.50 $ 777.50 $ 777.50 450 Series) 3820 Rear Independent 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 540/1000rpm PTO 4120 Draft Links with Telescopic 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 Ball End - Category 2 4210 Center Link with Ball End - 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 Category 2 4421 Stabilizer Bars - Adjustable 1 $ 606.00 22.25 $ 134.84 $ 471.16 $ 471.16 5010 Both Sides Flange -Type Rear Axle 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00' Confidential e r� t DEERE,iq .-ice.. 2 ?.a'vas Selling Equipment Quote Id: 18956378 Customer Name: DESCHUTES COUNTY ROAD DEPARTMENT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 rl', 11 MACHINERY ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 20444 Cady Way Bend, OR 97701 541-633-7671 agbend@papemachinery.com 5090 Adjustable Steel Wheels 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 (Steel Disk) 5214 Rear Wheels Size 1 $ 1,302.00 22.25 $ 289.70 $ 1,012.30 $ 1,012.30 480/80R34 - Special Profile 5915 Rear and Front Tire Brand - 1 $ 200.00 22.25 $ 44.50 $ 155.50 $ 155.50 Nokian 6045 4WD Front Axle - 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 Unsuspended 6092 Adjustable steel wheels 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 6225 Front Wheels Size 1 $ 892.00 22.25 $ 198.47 $ 693.53 $ 693.53 400/80R24 - Special Profile 7702 Shipment Preparation - by 1 $ 0.00 22.25 $ 0.00 $ 0.00 $ 0.00 Ship Overseas 8300 Cold Start Package 1 1 $ 327.00 22.25 $ 72.76 $ 254.24 $ 254.24 01�n7 UJV/ Fuel Tank Bottom Guard Fuel 1GI11�LJVlavl�• Guard 1 • S 426.00 T ------ 22.25 $ 94.79 $ 331.21 $ 331.21 8380 Preparation for Front 1 $ 614.00 22.25 $ 136.62 $ 477.38 $ 477.38 Auxiliary Drive 8385 Heavy -Duty Rear PTO 1 $ 307.00 22.25 $ 68.31 $ 238.69 $ 238.69 8424 Draft Control 1 $ 627.00 22.25 $ 139.51 $ 487.49 $ 487.49 8457 Higher Hitch Lift Capacity 1 $ 384.00 22.25 $ 85.44 $ 298.56 $ 298.56 8607 AutoDifflock 1 $ 279.00 22.25 $ 62.08 $ 216.92 $ 216.92 8725 Beacon Light 1 $ 212.00 22.25 $ 47.17 $ 164.83 $ 164.83 8742 Alternator 14V/200A 1 $ 269.00 22.25 $ 59.85 $ 209.15 $ 209.15 8747 Battery 12V/174AH 1 $ 121.00 22.25 $ 26.92 $ 94.08 $ 94.08 8782 Backup Alarm 1 $ 487.00 22.25 $ 108.36 $ 378.64 $ 378.64 Standard Options Total $ 11,205.00 $ 2,493.14 $ 8,711.86 $ 8,711.86 Technology Options/Non-Contract/Open Market` 1830 ISObus Ready / GreenStar 1 $ 814.00 23.00 $ 187.22 $ 626.78 $ 626.78 Ready Option 1835 Less StarFire Receiver 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 1867 Less Software 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 Technology Options Total $ 814.00 $ 187.22 $ 626.78 $ 626.78 Dealer Attachments/Non-Contract/Open Market DRF102- Diamond Mowers 102" 1 $ 10,987.00 0.00 $ 0.00 $ 10,987.00 $ 10,987.00 OF Offset 3 -Point Hitch Flail Mower - 21" Offset DBM-C-N Diamond Mowers 22 Foot 1 $ 31,067.00 0.00 $ 0.00 $ 31,067.00 $ 31,067.00 Rear Cradle Boom , DBR050-H Diamond Mowers 50" Boom 1 $ 9,790.00 0.00 $ 0.00 $ 9,790.00 $ 9,790.00 Confidential Pby JOHN DEERE Selling Equipment Quote Id: 18956378 Customer Name: DESCHUTES COUNTY ROAD DEPARTMENT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 F , MACHINERY ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 20444 Cady Way Bend, OR 97701 541-633-7671 agbend@papemachinery.com 48-0003 Diamond Mowers Factory 1 $ 5,788.00 0.00 $ 0.00 $ 5,788.00 $ 5,788.00 Authorized Mount - Rear Cradle Boom Mowers 101 Diamond Mowers Four- 1 $ 7,002.00 0.00 $ 0.00 $ 7,002.00 $ 7,002.00 Function Proportional Joystick Control Freight Diamond Mowers Freight 1 $ 4,757.00 0.00 $ 0.00 $ 4,757.00 $ 4,757.00 Dealer Attachments Total $ 69,391.00 $ 0.00 $ 69,391.00 $ 69,391.00 Value Added Services $ 0.00 $ 0.00 $ 0.00 Total Suggested Price Confidential $ 164,454.46 PowerGard" Protection Plan POWERGARD PROTECTION PLAN CUSTOMER ACCEPT / DECLINE FORM Customer Name: Customer Address: Pin#: Date of Equipment Purchase: /. Date of PowerGard Accepted/Declined: The PowerGard Protection Plan provides extended coverage for parts and labor costs associated with post -warranty component failures due to defective materials or workmanship. Coverage forms and terms can be tailored to fit customer's unique needs based on planned ownership period and annual hour usage. Features & Benefits of the PowerGard Protection Plan include: * Coverage terms can be tailored to fit your ownership period and annual hour usage, • Pays for parts and labor (less any applicable deductible) on covered failures, ,k rinly f4ani Tina .Inhn neere parts are used in all covered repairs, vu.J ..... ... ... r----- �r Coverage is fully transferable to future owners, with no transfer fees I have been offered extended coverage options available on the equipment listed above provided through the PowerGard Protection Plan. I understand the general terms and conditions of the protection plan offered, and have chosen to: ❑ Accept/ Purchase ❑ Decline / Not Purchase the extended protection available beyond the John Deere basic warranty at this time. With my signature below, if PowerGard Protection is declined/not purchased, I fully understand that my equipment (listed above) is not covered for repair expenses due to component failures beyond the original warranty protection provided in the John Deere basic warranty, in either time or operating hours. If the PowerGard Protection is accepted/purchased, I understand upon payment for the coverage, I will receive written confirmation of my protection and full contract terms purchased, direct from Deere & Company within 30 days. Customer's Signature Date Dealership Representative Signature PAP10 10 -Year Compact Utility Tractor Residential Powertrain Warranty 10009 20009 3000 & 4000 Series 10 -year extended warranty is a Pape Machinery Ag & Turf exclusive and is available only at our Ag & Turf locations CUSTOMER NAME: ADDRESS: CITY: STATE: ZIP: PHONE: ALT. PHONE: EMAIL: MODEL: SERIAL NUMBER: HOURS: Residential plan: • Adds an additional 48 months of powertrain coverage to Deere's 72 month warranty, up to a total of 120 months/2,000 hours (whichever comes first) supported exclusively by Pape Machinery Ag & Turf • Reauires that all manufacturer scheduled services be performed by Pape Machinery Aa & Turf • Customers are responsible for all cost associated with the required maintanance as stated in the operators manual. • Does not include transportation coverage Is only available on new machines purchased from Pape Machinery Ag & Turf • Is non -transferable by the original purchaser • Is otherwise subject to the John Deere Limited Warranty for Turf and Utility Equipment (DC -1360) Terms and Conditions Not covered under a Residential plan: Residential plans do not cover routine maintenance services or items normally designed to be replaced by the purchaser due to normal wear and tear. They do not cover any product used for commercial or rental applications. They also do not cover repairs for damage from accident, misuse, fire, theft, or exposure to weather conditions such as lightning, hail, flood or water. See the John Deere Limited Warranty for Turf and Utility Equipment (DC -1360) Terms and Conditions. Prepared for: Customer Name — Please Print Customer Signature Date I have been offered this coverage and MI ACCEPT the Residential plan. 1 understand it is my responsibility to make my equipment listed above available for required services at my nearest Pape Machinery Ag & Turf location. F] I DECLINE the Residential plan. 1 understand that my equipment listed above is not covered for repair expenses due to component failures beyond the original basic warranty period provided by John Deere. FIRST • HOUR Check wheel bolt torque. Test safety systems. Check engine oil level. Check: -air filter elements -rubber dust valve -restriction indicator (1025R and 1026R). Check radiator coolant level. Change transmission oil and filter (1000 and 2000 Series). Clean transmission suction screen. Check front axle oil. Lubricate machine. Clean radiator and oil cooler fins. Check radiator coolant freeze point and clarity of coolant. Check and service: -air filter elements -air restriction indicator (102511 and 1026R). Change engine oil and filter if less than 200 hours of operation. Drain water from fuel tank and replace fuel filters. Check all hoses and clamps. Check battery electrolyte level. •• HOUR Change engine oil and filter. Chanae transmission oil and filter (1000 and 2000 Series). Clean transmission suction screen and internal magnets (1000 and 2000 Series). Check and service: -air filter elements -air restriction indicator (1025R and 1026R). Clean radiator and oil cooler fins. Inspect alternator belt. Check wheel bolt torque. Replace air filter elements. Replace fuel filters. Change transmission oil and filter (3000 and 4000 series). Clean transmission suction screen and internal magnets (3000 and 4000 Series). 600 HOUR Check radiator coolant freeze point and clarity of coolant. Check engine speed (low and high idle). Check air intake, hoses and clamps. Change front axle oil. Check brake adjustment. Check front axle thrust bolt torque (3000 and 4000 Series). •• HOURS Check and adjust engine valve clearance. See your John Deere dealer. ••• HOUR OR TWO YEAR SERVICE I - NOTE: -If coolant is NOT checked annually, the service interval is two years / 2000 hours. Drain, flush and refill engine coolant. Service fuel injection nozzles. LIMITED WARRANTY FOR NEW JOHN DEERE TURF & UTILITY EQUIPMENT (V . S. ONLY) JOHN DEERE A. GENERAL PROVISIONS — The warranties described below are provided by Deere & Company ("John Deere") to the original purchasers of new Turf & Utility Equipment ("Equipment") from John Deere or authorized John Deere dealers. Under these warranties, John Deere will repair or replace, at its option, any covered part which is found to be defective in material or workmanship during the applicable warranty term. Warranty service must be performed by a dealer or service center authorized by John Deere to sell and/or service the type of Equipment involved, which will use only new or remanufactured parts or components furnished by John Deere. Warranty service will be performed without charge to the purchaser for parts or labor. The purchaser will be responsible, however, for any service call and/or transportation of product to and from the dealer's or service center's place of business, for any premium charged for overtime labor requested by the purchaser, and for any service and/or maintenance not directly related to any defect covered under the warranties below. These warranties are transferable, provided an authorized John Deere dealer is notified of the ownership change, and John Deere approves the transfer. B. WHAT IS WARRANTED — All parts of any new John Deere Equipment, except tires and batteries (which are warranted under separate documents provided with each product), are warranted for the number of months or operating hours specified below. Warranty statements required by law covering engine emission -related parts and components, which shall not be less than the engine warranty, are found in the Operator's Manual delivered with the Equipment. Included In Compact Utility Tractor Powertrain Warranty - Engine: cylinder block, cylinder head, valve covers, oil pan, timing gear covers, flywheel housing, emissions control components and all parts contained therein. Powertrain: transmission, transmission case, differential and axle housings, clutch housings, MFWD front axle assembly, and all parts contained therein (does not include external drivelines, dry clutch parts, or steering cylinders). C. WHAT IS NOT WARRANTED — JOHN DEERE IS NOT RESPONSIBLE FOR THE FOLLOWING: (1) Used Equipment; (2) Any Equipment that has been altered or modified in ways not approved by John Deere, including, but not limited to, setting injection pump fuel delivery above John Deere specifications; (3) Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, lack of proper protection during storage, or accident; (4) The Utility Vehicle if used for racing or any other competitive activity; (5) Normal maintenance parts and service; (6) Golf & Turf Equipment is warranted under separate warranty. D. SECURING WARRANTY SERVICE — To secure warranty service, the purchaser must (1) Report the product defect to an authorized dealer and request repair within the applicable warranty teen, (2) Present evidence of the warranty start date, and (3) Make the Equipment available to an authorized dealer or service center within a reasonable period of time. E. LIMITATION OF IMPLIED WARRANTIES AND OTHER REMEDIES — TURF & UTILITY EQUIPMENT — To the extent permitted by law, neither John Deere nor any company affiliated with it makes any warranties, representations or promises as to the quality, performance or freedom from defect of the Turf & Utility Equipment covered by this warranty. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT APPLICABLE, SHALL BE LIMITED IN DURATION TO THE APPLICABLE PERIOD OF WARRANTY SET FORTH ON THIS PAGE. THE PURCHASER'S ONLY REMEDIES IN CONNECTION WITH THE BREACH OR PERFORMANCE OF ANY WARRANTY ON THE JOHN DEERE TURF & UTILITY EQUIPMENT ARE THOSE SET FORTH ON THIS PAGE. IN NO EVENT WILL THE DEALER, JOHN DEERE OR ANY COMPANY AFFILIATED WITH JOHN DEERE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL ti_a .-.air las- ,..• fl— .,.,..1—;l nr limitntinn of inIMP.ntal nr comequential DAMAGES. (Note: some states do not allow limitations on iiuw long an itT=p„u. warranty ,u�.,_ .............�_.._• ..• •• •••••-•-�-- �- damages so the above limitations and exclusions may not apply to you.) This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. F. NO DEALER WARRANTY — The selling dealer makes no warranty of its own and the dealer has no authority to make any representation or promise on behalf of John Deere, or to modify the terms or limitations of this warranty in any way. If further information is desired, contact your selling dealer. TURF & UTILITY EQUIPMENT WARRANTY TERM * 1) Z200 Series and Z425 EZtrak TM Mowers, Z300 Series and Z525E ZTrak TM Mowers, and D100 Series 24 Months or 120 Hours, Whichever Comes First Tractors ** 2) S200 Series Tractors** 36 Months or 200 Hours, Whichever Comes First 3) X300 Series Tractors; Z400 Series EZtrak TM Mowers and Z500M Series ZTrakTM Mowers 48 Months or 300 Hours, Whichever Comes First (Except Z425 and Z525E)** 4) X500 Series Tractors; Z600 Series EZtrak TM Mowers and Z50OR Series ZTrakTM Mowers ** 48 Months or 500 Hours, Whichever Comes First 5) X70OTM Series Tractors ** 48 Months or 700 Hours, Whichever Comes First 24 Months in Private Residential - Personal 6) JS Series Residential Walk -Behind Mowers Use 90 Days in Any Other Application 7) Wide Area Mowers, Front Mower Traction Units and Mower Decks 24 Months , QuikTrakTM Mowers, Commercial Walk Behind Mowers 36 Months or 1200 Hours, Whichever Comes 8) Z900B Series and Z900M Series ZTrakTM Mowers First First 24 Months, No Hour Limitation 36 Months or 1500 Hours, Whichever Comes 9) Z997, Z900A Series and Z90OR Series ZTrakTM Mowers First First 24 Months, No Hour Limitation 10) Compact Utility Tractors 24 months or 2000 hours, Whichever Comes a Powertrain on Compact Utility Tractors (components as per B above) First 72 months or 2000 hours, Whichever 11) GATORTM Utility Vehicles (except CX ) 12 Months or 1000 Hours, Whichever Comes First 12) Implements; Attachments sold separately and attachments used on equipment listed in 7 through 11 12 Months 24 Months in Private Residential - Personal 13) CX GATORTM**, All other Turf & Utility Equipment Use 12 Months in Any Other Application * Each Warranty Term begins on the date of product delivery to the purchaser. **Attachments purchased on the same Purchase Order as the Equipment listed will be covered by the Equipment's warranty terms. Attachments purchased separately will be covered by the attachment warranty (in line 12). DC -1360 (Effective January 1, 2016) \)A ES CO ALF :t GZ 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 28, 2019 DATE: August 21, 2019 FROM: Erik Kropp, Administrative Services, 541-388-6584 TITLE OF AGENDA ITEM: Q4 2019 Update on Performance Measures RECOMMENDATION & ACTION REQUESTED: For information only. BACKGROUND AND POLICY IMPLICATIONS: See attached staff report. FISCAL IMPLICATIONS: None ATTENDANCE: Erik Kropp, Deputy County Administrator and department representatives. Date: August 21, 2019 To: Board of County Commissioners From: Erik Kropp, Deputy County Administrator �/k Re: FY 19-20 Department Performance Measures Departments have completed their Q4 performance measure updates (see attached spreadsheet). Also attached is the full list of FY 2019 Goals and Objectives. At the August 28, 2019 Board meeting, the following departments will provide updates on progress made during specific goals: County Clerk's Office Goal: Service Delivery Objective: Ensure quality service delivery through the use of innovative technology and systems. Measure: Comparison of recording staff FTE to the number of pages recorded. 4 Re ort: Information Technology Department Goal: Service Delivery Objective: Provide collaborative internal support for County operations. Measure: Upgrade up to fifty percent of the County's phone system. The remainder will be completed in FY 19-20. 4 Re ort: 378 phones have been deployed, out of a total of 1,000 phones. The remainder phones are on track to be replaced by then end of FY 20. FY 17-18 FY 18-19 COUNTY # Pages FTEs Pages per FTE # Pages FTEs Pages per FTE Deschutes 291,547 4.25 68,599 257,464 4.75 54,203 Clackamas 437,964 6 72,994 389,177 7 55,597 Jackson 210,785 4.75 44,376 188,433 4.85 38,852 Lane 350,799 5 70,160 290,885 4.5 64,641 Marion 357,284 7.5 47,638 333,628 7.5 44,484 Information Technology Department Goal: Service Delivery Objective: Provide collaborative internal support for County operations. Measure: Upgrade up to fifty percent of the County's phone system. The remainder will be completed in FY 19-20. 4 Re ort: 378 phones have been deployed, out of a total of 1,000 phones. The remainder phones are on track to be replaced by then end of FY 20. Solid Waste Department Goal: Healthy People Objective: Help to sustain natural resources in balance with other community needs. Measure: Increase year -over -year (calendar) tons of recyclables collected by solid waste providers. 4 Repo : will be presented at Board meeting Other measure to report: Fiscal year comparison of overall tonnage of solid waste — will be presented at Board meeting. Health Services Department Goal: Healthy People Objective: Support and advance the health and safety of Deschutes County's diverse populations. Report: staff will summarize actions taken during the measles outbreak last winter. Community Development Department Goal: Economic Vitality Objective: Administer land use programs that promote livability and sustainability. Measure: Coordinate with the City of Redmond to entitle the large lot industrial site. Q4 Report: Report: Completed — DLCD approved the UGB amendment on June 18, 2019. Land may be annexed and rezone to large lot industrial once Redmond City Council approves a resolution. 'i:hJO tiijd V� SCre"c� i3ene. >regc r. c�7r!l; :5 rSd 6`,;'4 [.F @ VJwiN Cc_s <. 1tJNS.()'"g Fiscal Year 2019 Goals & Objectives Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner. SAFE COMMUNITIES: Protect the community through planning, preparedness and delivery of coordinated services. .. ..... . ... ..... . • Rt • Reduce crime and recidivism through prevention, Intervention, supervision and enforcement. • Collaborate with partners to prepare for and respond to emergencies and disasters. HEALTHY PEOPLE: Enhance and protect the health and well-being of communities and their residents. * Support and advance the health and safety of Deschutes County's diverse populations. a Promote well-being throuah behavioral health and community support programs. • Hii7�?'a- balance,wlth. other community, deeds' ECONOMIC VITALITY-. 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N 0) ` C U O 0 LL1�-'100`' rF LZ'CI N C ❑ 1u,,� yyV1� p Q N 1 N C: G CoM W 0�� LLC �= �O0 W O n p 0 NM h O U N O T y U C 3� ` Ec' w@� c 'D8 'Sp N d•�Pl.. •n� y _(Se $ �Ci ay�� 1O66 (0V 6 �N N•��f Qr _ NOWO N C ted S-00) UUU ON C O W v R N 0 a OI' O� O� N C y 'O P9 y 3 �J y"SS � C � N •G N U p O O QCT W � x.000 1�� R� apR ll�lq¢� }Ny !L 9 � LL }N>N lY > Il y DON -4 } a >N} N C N N d1 E CC °� U> 1:3 1m, C{ tyo O G CC L a N l0 N O Of 0] C N 41aoa N cocoadF m U c � �a�i 'qC�E msSc� o� gEEo �a ate& q o E E E a y� m d d o County FY 2014/15 Reg Voters/FTE FY 2015/16 Reg Voters/FTE FY 2016/17 Reg Voters/FTE FY 2017/18 Reg Voters/FTE FY 2018/19 Reg Voters/FTE Deschutes 50,580 55,443 63,137 66,031 69,002 Clackamas 46,389 49,367 54,815 56,796 58,360 Jackson 52,559 55,605 48,103 59,642 63,635 Lane 41,256 44,529 49,433 50,234 43,224 Marion 30,401 32,681 37,606 39,386 40,525 Chart Title 80,000 70,000 60,000 f 50,000 �s 40,000 00 i 30,000 ,�a z 19 20,000 i *' 10,000 FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 FY 2018/19 L Deschutes M Clackamas Jackson Lane M Marion County FY 2014/15 Page Count/FTE FY 2015/16 Page Count/FTE FY 2016/17 Page Count/FTE FY 2017/18 Page Count/FTE FY 2018/19 Page Count/FTE Deschutes 64,815 72,219 78,298 68,599 54,203 Clackamas 70,221 81,180 87,788 72,994 55,597 Jackson 38,171 37,007 43,091 44,376 38,852 Lane 62,467 69,481 77,040 70,160 64,641 Marion 41,543 50,396 58,247 47,638 44,484 Page Count vs. FTE 100,000 90,000 80,000,. 70,000 w 60,000 50,000 40,000 i a ' 30,000 t i 20,000 n r.. 10,000 r x z; 0 FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 FY 2018/19 Deschutes MCIackamas ~ Jackson Lane M Marion Sco SOLID WAST Recycling Analysis: All Entities - All Materials Source: As filed DEQ OR Recycling Collector Survey. Excludes Column O "Other Companies" from DR, all CRS, all MOR to avoid duplication and only report DC amounts. Entity (Ail) Material (Abbrv) (All) 2017 2018 Sum of Total Sum of Total Change Change % All Commingled Materials _ 13,462 12,705 -757 -5.6% Aluminum (AL) 8 11 3 43.1% Cardboard / Kraft (OCC) 6,637 7,108 470 7.1% Compacted Yard Debris (YD -C) 5,301 6,580 1,279 24.1% Container Glass (GL) 4,0793,621 -457 -11.2% Electronics (EL) 462 409 -53 -11.5% _ _ - Food Waste (FW) _ 677 867 191 28.2% Hazardous Waste _ 233 _ 231 -2 -0.9% Lead Acid Batteries (LAB) 41 37 -4 -8.7% Newspaper / Mags. (FIB NP) 57 33 -25 -43.1% Office Pack / HI Grade (FIB HI) 798 738 -60 -7.5 Other 42 45 4 8.9% Scrap Metal (SCM) / Appliances 2,828 2,564 -265 -9.4% Tires (TIR) 187 219 32 16.9% Uncompacted Yard Debris (YD -UC) 23,374 22,930 -444 -1.9% Used Motor Oil (OIL)122 135 12 10.1% Wood/ Lumber (WW) 2,979 _ 2,724 -255 -8.5% Total _ 61,288 60,958 -330 -0.5% 00 X 0 0 0 0 0' (D c EY (5 0 �0 c D A Al (D 0 N I- O 10 W W N� W W Ul'M 1.4 ! P -Ph 00 U9 N 00 `. M N 4 _� �0 0 3 V1_ N F' N N N Ln OW O 47 01 00 F— U9 N "i Q Q v � A 6®90 O M tN oo in iD U, N N 'Q C11 00 00 l0 W U'i .p 00 V 00 01 V U9 W V A S l0 N N w O - O9 N 1l 00 N J:�. Q 00 09 w w -'j, N <: N A U9 4P W N N W In V V 00 U9 N -j 0900 00 V 00 01 V ul w w w 00 V N _: A (A U9 w 00 V to W ';Q N- kn I 00 N V NJ .P N V N U9 N Q9 N V +� Q W 09 09 N W . O ;' m W I w rn rn v V 09 Ln 4b O N N N (19 W l0 N N'Q W (n 00 E-+ .p V " ` r+ 0; Ch ! 00 00 w 09 4. 01 p X (D G EY (5 0 �0 c D A (D 0 M 4 _� �0 0 3 m v � 6®90 O M m 0L 0 C L O E NONE CTN 7 Cl N Cp Q L E E-�=U� Z) O O p ecu n : �O o 0 o 1 91- -.o - o Z) Cl) 00 o 0 O O - M N i o r M o 0 0 o i o M .o ,o 0 0 o � M IN r 7 o 00 CN 00 00 0 0 O N 0 0 N M 0 0 Cl) O� 0 0 N 0000 00 co M 0 0 00 Cl) r N 0 r` 8 J � C .O m � m C= Q ;: n V H ICAC O O O O O O O � r r 0 d o 0 0 0 0 0 o L C M 0 r CO r O CO w CO 0 C O v e OMPOCO S CO O't W Il- O N 0 ONMMMNM CO �M0M0�r`ti r �-•- Nr 0 Nt-O WInC r0 O; OM0000 AMM MOM�CO� r CO�r CO r4-- CO CO M M t` O OM- ��I- C4 Cfl 0 dT LOMNM Nr -r < -- fes r CO ODO wInM00 aIN OOOMCO0ItNMMCl) r' V- N M M O tO to O O r• 0 10 CO of O.-�1f7 �tOO � O tO CO 1t N Cl CIA r r r -- r- ti O Cfl O t- O00 Co Lo O tO r� O M t` - SN. 00MV)"t MNO CO rIM oO COO M Nt'�e_O 0�-- � CO � � V � rr � N v e, - r r r CO r r- 0 r- M CO Cn O 00 M(0 N LO ItMNMOM"t - M CO 00 00 F NM LO 0) tO OOOMIn �t_m 0- 0- rC r"t N N N o_ 4 N .- - r <- r N M& N M� r` N O M O ctN r co CnN 0000 M M 0ti'0r tO M N 000 d't��d'O V OCD O0t-00IN-INNrN000 �r00 tO M In M 0 N Cn0 N OI -CO MI M 00 t` CO �c-rl- 0000 h lzt to NOM OON 00r- MM CD CD OM0 T MM - OW LO Cn ON Ill (00 aO N�-a0MNO0D Mt�MN �OCOMOM1�0000 N�00 O 1` 1-- 000000 000(A t�N N .- r r - r N t h tO M N 00 N O Cot OO NDN V'N CD It 0d'0N OOCL Or`CO"tO�,N Cn r CO O Or` M CO 00 CDOMMM DO r �-CO N CO�d'N MN 01'- -N00 toh MrY M 00 NNO �M0 .1 CO co C4 rl- - O'7M Ow 0000000000 COv N r- •-- � � r r r M t`NMh.-OM ct MMn N 0 CO O M O V' M n h M t - t0 C M Oc hON�'O Cn N wr% O 0 t` M 0 CO r N O CONS O N M w CO O NO ONd"* rOOc LQ�^ �� OCD CD IN 00r N r COOMNt-I-NN U) -It V CO M M O h d'0 0 0 0 a 00001 0-00LQ V_V G! v! ,- MCflN OM COM V'N ON N��r-�-rte.-r��c-rh r OIn CD LO00 CO�� O O M 0 M 01� 000M OCOr CO MNMq;; No00t0 O M CO � MCO CO Q N � V' N Nd' � r - r O T m 0L 0 C L O E NONE CTN 7 Cl N Cp Q L E E-�=U� Z) O O p ecu n : �O o 0 o 1 91- -.o - o Z) Cl) 00 o 0 O O - M N i o r M o 0 0 o i o M .o ,o 0 0 o � M IN r 7 o 00 CN 00 00 0 0 O N 0 0 N M 0 0 Cl) O� 0 0 N 0000 00 co M 0 0 00 Cl) r N 0 r` 8 J � C .O m � m C= Q ;: n V H ICAC %L- L66`1 -LL 6Z6`6LL %17 tZ£`LL 8£L`9L %0 90Z`L L 09 L'L L % L L OL£'9 L L89't, L %9- L8£`£L Z6L`t,L %6 L- £t�£`6 96ti` L L %£- OOZ`£ L L99'£ L %5- 6Z CZ L Z£8'Z L L8L'£ L OC917 L %b- 66£`5L L£0`9L %L- 989'V L OZL'9 L %OL 6L9`8L 6t76'9L %t7 £59`9 L I £56`9 L ijuuuyJ 66 Ad 9L Ad lelo I ung Aew AV aeW qad uer aaa noN la® dag End Inf Prevent the spread of communicable diseases and emerging public health threats through investigation, intervention, and 507 outbreak control What this program provides to our community Communicable diseases * Receive and investigate reports of communicable diseases, (not including STDs) outbreaks, or epidemics, from healthcare providers 24/7, as reported in 2018 required by Oregon law ® Provide technical assistance to facilities (ex: long term care facilities and schools) experiencing an outbreak ® Conduct STD partner notification services, including education, testing and treatment 669 ® Provide consultations to healthcare providers regarding complex communicable disease cases Sexually transmitted diseases reported in 2018 How This Program Benefits Our Community ® Protect the health of the community by reducing spread of communicable diseases ® Responding to communicable disease reports core function of public health 12 Minimize disease outbreaks through investigations, after action reports, and education Communicable disease Reduce the burden of communicable diseases among outbreaks in 2018 vulnerable populations 4CLA Staff hours to respond to one measles exposure in Deschutes County CD -Epi Program Investigates disease cases and outbreaks to prevent spread Ensures health care facilities practice infection control Provides guidance and information to health care providers and the public Monitors disease trends Health Care Provider Diagnoses disease in individuals Treats diseases in health care facilities Provides advice and information to patients Monitors patient status M1 t A I T 1 VI k.L� , UL tM L I H Deschutes County Public Health's response to a measles exposure in Jan/Feb, 2019 Timeline of Events • On January 28th, Deschutes County Health Services received reports that a Clark County resident with measles symptoms visited Deschutes County on Saturday, Jan. 19 and Sunday, Jan. 20, during the early contagious period of the illness. • On January 301h, Oregon Health Authority confirmed that the Clark County resident who visited Deschutes County tested positive for measles. • The communicable disease team actively worked with health care providers and people who were exposed to contain disease spread. • On February 10th the incubation period from the known exposure closed. There were no known cases of measles in Deschutes County residents. • Clark County, Washington experienced a measles outbreak of 71 cases. Communicable Disease Team Actions In response to this exposure, the communicable disease team took the following actions: • Worked with the facilities where exposures occurred to get information about who may have been exposed. • Notified 486 Deschutes County residents to notify them that they were at an exposure site and to help them take steps to stop the spread of the virus. • Reviewed immunization records of 388 people who were exposed to determine who was at risk. • Answered 180 calls on the communicable disease reporting line, these included: 0 72 phone calls from healthcare providers seeking consultations, from 1/29-2/4 0 108 phone calls from concerned members of the public, from 1/29-2/4 • CD nurses actively monitored 16 Deschutes County residents who were unvaccinated and at one of the exposure sites until the incubation period ended on February 10th. Active monitoring means that a nurse reaches out daily to check in and see if they are experiencing any measles symptoms until the incubation period ends. • -534 staff hours were spent on responding to this measles exposure. Communication Actions • 16 media interviews were completed. • 6 Health Alerts were sent to healthcare providers to ensure that they had current information and recommendations. o 189 healthcare providers are currently on the distribution list for Health Alerts. • 3 Facebook Posts were published, each reaching over 23,000 people. • 2 webpages were created: o For the general public: www.deschutes.org/measles o For healthcare providers: www.deschutes.org/health/page/measles-healthcare-providers Clark County, Washington - Measles Outbreak The Clark County, Washington outbreak had 71 cases. Of the 71 cases, 61 were unvaccinated, 3 had only received one MMR dose, and 7 had an unverified vaccination status. It was declared a county emergency. Clark County Public Health Response Staffing and Costs: • 58 days in outbreak response. • 237 responders assisted in the response, including: local public health, state health department, Centers for Disease Control and Prevention, Medical Reserve Corps, Emergency Management, mutual aide, and volunteers. Total cost of response: $864, 678.73. School Exclusion: • Clark County Public Health excluded susceptible students and staff at 13 public schools in three school districts and at 2 private schools. • 849 students and staff were excluded from school during rhe inn ihatinn nnr;or4 i_)1 A -..,..x .�_. �..w....b .. ��.ur..iu1— 1 Nci ivu 1G i uciyJJ. Measles Case Counts in the U.S (1993 - August '15th, 2019) So far this year, the number of measles cases in the U.S. is higher than in the past 25 years. 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O� n cn O Or cn r © O z 00 n Z r- to G O 2 n S 0 D © m n S 2 O 0 r 0 O O O n 0 ® r r m r S O I t0 U I to Ln to to a1 to to to 01 w to t0 V t0 U to CD to to to to ;.oto w kD to 10 to v O o 0 o O o o O O 1 o 1- O I O NU togf D, tai Q O O G3 o . O O o O o O O g� U') m a � to Z o C o *. m 0 rD r* n ao �o Ul O o S D (D aj O �• ;,Z- 3 -h v o f* n O O O O -s a h a) m m v o m � s va' as �- N UO• O 0 Q vT ES CoGZ 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 28,201 DATE: August 22, 2019 FROM: Janice Garceau, Health Services, TITLE OF AGENDA ITEM: Consideration of Approval to Proceed with CCBHC Demonstration Program Extension Match Proposal RECOMMENDATION & ACTION REQUESTED: Staff request approval to proceed with the CCBHC Demonstration Program Extension match proposal. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Health Services (DCHS) has been a Certified Community Behavioral Health Clinic (CCBHC) since April, 2017. During that time, DCHS has increased services to individuals with behavioral health and/or substance use disorders, improved screening and risk assessment practices and observed a number of positive outcomes for our most vulnerable clients. Like our partners across Oregon, we believe maintaining this project is vital for Oregon. It represents a key investment in additional mental health resources for high -need individuals and a significant step forward in the promotion of primary care integration, among other innovations. The Oregon Health Authority (OHA) has approved reprioritization of funds that will allow OHA to extend the CCBHC program on a limited basis while more in-depth program evaluation is completed by OHA. Details of OHA's funding extension plan and restarting the Prospective Payment System (PPS) are still in the works. OHA hopes to begin the extension in September, 2019, assuming continued federal support. OHA plans to explore a funding containment strategy that will allow continuation of this important service to Oregonians while also maximizing sustainability. Funding would in part be based on reductions to the service elements of the financial services agreements with counties. Key elements of the DCHS CCBHC match proposal are: • DCHS will consider accepting reductions in service elements which are distributed broadly throughout our programs and cover services that align well with CCBHC target populations and deliverables. These service elements are SE 20, "Non -Residential Mental Health Services for Adults," SE 25, "Community Crisis Services for Adults and Children," and SE 66, "Community Behavioral and Substance Use Disorder Services" CCBHC PPS revenue would be applied to backfill the reduced service element dollars, thereby ensuring continuation of the services supported. Additional PPS dollars will be applied to CCBHC costs and services as previously. An amended Financial Assistance Award intergovernmental agreement would need: o To reflect agreed match amounts; o Written assurance that should service element dollars not be needed as a CCBHC match, those funds would be restored in their entirety to Deschutes County; and, o That service element dollars would be reduced only to cover the actual cost of the match required. Additional questions/needs still to be determined as the details of OHA's plan are being worked out: • OHA indicates the CCBHC program would be reinstated in September and carry through February. They are open to discussing individualized plans with counties and have agreed to reconcile at the end of the period so that counties are returned any service element dollars not needed for match. OHA and counties still need to agree on the risk sharing aspect of the amended contract, whether there will be a spending cap and what happens if a cap is exceeded. • Further discussion of the "cost containment strategy" and the `funding cap" ideas will occur the week of August 26. OHA and CCBHCs have agreed to explore a model for cost containment that is acceptable to both parties. • During the six-month extension, CCBHCs will be exploring with OHA future funding of CCBHCs. FISCAL IMPLICATIONS: DCHS is projected to receive $1,492,830 in Service Elements 20, 25 and 66. OHA has projected that our match commitment for the six-month period should be roughly $782,185. We have identified up to $839,000 available in these three service elements that could be reduced in the proposed contract to allow for match to the federal CCBHC dollars. CCBHC PPS revenue would be applied to backfill the service element dollars, thereby ensuring the services continue. DCHS would experience the reductions in the monthly disbursement from OHA, beginning in September and continuing through February 2020. At the end of the six-month period, OHA would reconcile the real cost of the match against the reduced service element amounts and reimburse DCHS if less than the proposed amount of $839,000 was needed for state match. ATTENDANCE: Janice Garceau, Behavioral Health Deputy Director rA-h�l HEALTH SERVICES 2577 NE Courtney Drive, Bend, Oregon 97701 Behavioral Health (541) 322-7500, FAX (541) 322-7565 www.deschutes.org Date: August 22, 2019 To: Steve Allen, OHA Behavioral Health Director From: Janice Garceau, Behavioral Health Deputy Director Subject: Certified Community Behavioral Health Clinic (CCBHC) Demonstration Program Extension Thank you for the opportunity to propose a plan for Deschutes County Health Services' (DCHS) continued participation in the CCBHC Demonstration Program. DCHS has been a CCBHC since April 2017. During that time we increased services to individuals, improved screening and risk assessment practices and observed a number of positive outcomes for our most vulnerable clients as described in the attached Deschutes CCBHC Outcomes & Savings document. Like our partners across the state, we believe maintaining this project is vital for Oregon. It represents a key investment in additional mental health resources for high need individuals and a significant step forward in the promotion of primary care integration, among other innovations. We have appreciated the follow up discussions and meetings with OHA to further understand the parameters of the extension opportunity. Following are the specifics of our proposal: • DCHS is projected to receive $1,492,830 in Service Elements (SE) 20,25 and 66. OHA has projected, based on two years of wrap payment data, that our match commitment for a six month period should be roughly $782,185. We have identified up to $839,000 available in those SEs that could be reduced in the proposed contract to allow for match to the federal CCBHC dollars. Specifically, $379,000 in SE 20, $300,000 in SE 25 and $160,000 in SE 66. These SEs are distributed broadly throughout our programs and cover services that align well with CCBHC target populations and deliverables. The proposed reductions do not impact the total amounts to such an extent that contracts or other key services will be impacted. • CCBHC Prospective Payment System (PPS) revenue would be applied to backfill the SE dollars thereby ensuring the services supported continue. Additional PPS dollars will be applied to CCBHC costs and services as previously. As proposed in the August 22 call with OHA, the IGA with OHA would be amended as follows: o DCHS would experience the reductions in their monthly disbursement from OHA, beginning when the IGA is signed in September and continuing through February 2020. o At the end of the six-month period, OHA would reconcile the real cost of the match against the reduced SE amounts and reimburse DCHS if less than the proposed amount of $839,000 was needed for state match. o DCHS would agree to bear the risk if the proposed match amount is exceeded. The plan proposed in this letter is provisional and contingent on clear agreements and the approval of our LMHA via a Board of County Commissioners action We are interested to hear what is OHA's vision and strategy for CCBHC long term. In the meanwhile, we look forward to a call next week to begin working through proposed contract language. Sincerely, 9Jmce Gacrcau, LCSW, Behavioral Health Deputy Director eschutes County Health Services Jan ce. irceGau(Z�detic1) ,i,<�r / 541-322-7664 C.C. Dr. George Conway, Director, DCHS Cheryl Smallman, Business Intelligence Manager, DCHS Dave Inbody, Deputy Director, Administrative Services, DCHS Our Mission: To Promote and Protect the Health and Safety of Our Community. VETERANS SERVED .dC«: ....�?:»»».� > (9 TOBACCO \df/\d(dd Kll?+« f?«»f fl MR 0 2CREENINGT©Pk2 asa=�.a. .,,:�_ � .. �01 E5�� Certified Community .o. Behavioral Health Clinic Demonstration Project BRIDGES PROGkAM = q Cl;eh tr SHARED POPULATION OF HIGH RISK CLIENTS atz, -.0 MAT PROVIDERS AT INTEGRATED SITES 2,021, WEIGHT REFERRALS ♦ 31% ER VISITS (2.S FEWER) IV 1 ° 5 �/,, URGENT CARE (1.0 FEWER) OBESITY STUDIES $5.60 SAVED * *,& FOR - $1 INVESTED Y AMERICAN MEDICAL ASSOCIATION ** STATE OF OBESITY STUDY rEE ` &z�E\7#L)}{0LQ)r{f#/# ) § $- `/§ƒƒ{ §� _ 7 f])?[l33k ]§!7 §£ ,l;;<-Q®£`; 'e=rt2 . _ ) EE{E0=,ems! ^'E «,«],e) # a iƒr±�!!�!�- 20E00a.U)0 ,]]/ !J)§ § � 7 )t§f),:5 k#fl5EE0 7 E L L -I\ l)) ! k " ` 0 �k R° - I_ § 5&© «■sR \2f�LL- _��9 _ �2v0 - - § £ ■ ® - O$) �k Q a , , # &** § kco tci - u - a C-4§ C3, C4 \ o\ R .§ ( 0 �7 �2� #�} )§ k )k k _ ƒ !§ { (k 9 ;f 010 !(f _|! !�� \ $ 2 §! § 2)) . Jk% ! !k\ ! §If / k§k k . 4}k �kD !!! ! !§\ a.7!2§ rEE ` &z�E\7#L)}{0LQ)r{f#/# ) § $- `/§ƒƒ{ §� _ f])?[l33k ]§!7 §£ ,l;;<-Q®£`; 'e=rt2 #®«t E ) ) EE{E0=,ems! ^'E «,«],e) # a iƒr±�!!�!�- 20E00a.U)0 ,]]/ !J)§ k ;z;■ )t§f),:5 k#fl5EE0 7 E L -I\ l)) =003 HEALTH SYSTEMS DIVISION Behavioral Health Policy Kate Brown, Governor Date: August 9, 2019 To: From: Certified Community Behavioral Health Clinics (CCBHCs) Steve Allen, 014A Behavioral Health Director Subject: CCBHC Demonstration Program Extension i[Ak-"I'alth "Nudlurih, 500 Summer St NE, E86 Salem, OR 97301 Voice 503-945-5772 TTY 711 www.oregon.gov/OHA/HSD/AMH Thank you for your ongoing engagement and partnership related to the CCBHC programs and the services you provide to Oregonians every day. Based on discussions with you and promising developments in the evaluations we have begun receiving thus far, OHA Director Patrick Allen has approved reprioritization of funds that will allow OHA to extend the CCBHC program on a limited basis while more in-depth program evaluation is completed. Details of the funding extension plan and restarting the PPS rate are still in the works, but we hope to begin the extension in September 2019, assuming continued federal support. Cost containment will be a primary focus as we work on the extension plan. • We plan to work with you to explore a funding containment strategy that would allow continuation of this important service to Oregonians, while also maximizing sustainability. • Funding would in part be based on reductions in the service elements (SE) of the County Financial Services Agreements. If you are interested in participating in the extension: Work with your Community Mental Health Program to explore whether they would support a reduction in their service element (SE) funding to help support the continuation of CCBHCs. 11 Review and be prepared to describe in writing how a reduction in county SE funding would affect both the CCBHC program and how the CMHP would adapt to a reduced SE budget while meeting goals for both programs. We would need to know how each CCBHC would adapt to the proposed funding cap. 11 As requested in the email dated July 24, 2019, please continue to submit any outstanding evaluations. As noted above, your CCBHC's specific outcomes help illustrate the viability of the CCBHC demonstration and its intended outcomes. Please submit your written recommendations for the CCBHC extension plan by Thursday, August 15 to CCBHC.Grant(&dhso}1a.state .or. L'sWe hope to finalize the plan the week of August 19. Next steps Over the next week, OHA will: • Refine the extension plan to include spending limits, • Review written feasibility from CCBHCs, and • Schedule an update call with CCBHCs during the week of August 19. ��T E S CIII 0GZ o `-A 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 Aug 28, 2019 DATE: August 22, 2019 FROM: Peter Gutowsky, Community Development, 541-385-1709 TITLE OF AGENDA ITEM: Planning Division Work Plan Update / FY 2019-2020 RECOMMENDATION & ACTION REQUESTED: This memorandum updates the Board of County Commissioners on the Planning Division's annual work plan specifically relating to long-range planning projects. BACKGROUND AND POLICY IMPLICATIONS: Staff anticipates returning to the Board in late fall as a number of high profile projects conclude. The purpose would be to seek direction on projects to initiate in the short term and strategize a multi-year conceptual work plan (Comprehensive Plan Update, Transportation System Plan update, etc.). Over the immediate horizon however, as emerging capacity becomes available, staff recommends and seeks Board approval to undertake three items this fall pertaining to a) two House Bills that require a legislative amendment; b) Housekeeping / Legislative Amendments; and c) Housing Strategy Committee. FISCAL IMPLICATIONS: None. ATTENDANCE: Peter Gutowsky, Planning Manager; and Nick Lelack, Community Development Director. DATE: August 22, 2019 TO: Deschutes County Board of Commissioners FROM: Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager RE: Planning Division Work Plan Update / FY 2019-2020 I. EMERGING PROJECTS This memorandum updates the Board of County Commissioners (Board) on the Planning Division's annual work plan specifically relating to long-range planning projects. Two that consumed significant staff time, Marijuana Amendments and Nonprime Resource Lands Amendments just ended or are tabled indefinitely.' • Table 1 summarizes the Division's current and ongoing projects. • Table 2 highlights projects on the Division's FY 2019-2020 Work Plan, organized by themes, but not yet initiated. Staff anticipates returning to the Board in late fall as a number of high profile projects in Table 1 conclude. The purpose would be to seek direction on Table 2 projects to initiate in the short term and strategize a multi-year conceptual work plan (Comprehensive Plan Update, Transportation System Plan update, etc.). Over the immediate horizon however, as emerging capacity becomes available, staff recommends and seeks Board approval to undertake the following three items this fall. A. HB 2106, Resource Dwelling Extension and HB 3384, Nonconforming Schools in EFU HB 2106 which pertains to additional timelines for resource dwelling approvals, came into effect on June 20, 2019. Deschutes County needs to amends its procedural code, DCC 22.36.010, Expiration of Approval to stay consistent with this new state law. Staff would conduct a work session with the Planning Commission and hold just one with hearing with the Board to consider this amendment. HB 3384 relates to nonconforming schools and their ability to expand in exclusive farm use zones. It came into effect on June 17, 2019. B. Housekeeping / Legislative Amendments The following land use bills pertaining to Deschutes County were signed into law in 2019 by the Oregon Legislature. They all have an effective date of January 1, 2020. The "permissive" bills/law mean that the 1 On August 21, 2019, the Board voted to send the question of whether recreational marijuana growing and processing operations should be allowed in the future to the November 2020 ballot. Amendments to Deschutes County's marijuana land use regulations are proposed for repeal. Second reading is scheduled for September 3. The Board tabled indefinitely the Nonprime Resource Lands Amendments on August 21, 2019. County has discretion over whether to allow these uses in County Code, and, in most cases, consider whether to impose more restrictive standards. Historically, Deschutes County has allowed every use permitted by the State in Deschutes County Code. • SB 287: Breweries allowed in EFU that annually produce under 150,000 barrels of malt beverages total with under 15,000 barrels produced on farm brewery site. PERMISSIVE • HB 2844: Requires facilities for processing farm products under 2,500 square feet on lands zoned for exclusive farm use without regard to siting standards. • HB 2435: Makes permanent a 2018 law sunsetting in April 15, 2020, that allows guest ranches to be established on lands zoned for exclusive farm use in eastern Oregon. • HB 3024: Prohibits a county from considering property tax classification of dwellings that were previously removed, destroyed, demolished or converted to nonresidential uses when reviewing application for replacement dwelling on lands zoned for exclusive farm use. • HB 2469: Allows counties to approve second dwelling on forestlands within rural fire protection district near existing dwelling for owner or relative who supports owner's forestry practices. PERMISSIVE • HB 2225: Defines "center of the subject tract" for siting certain permissible forest dwellings. • HB 2790: Expands definition of "outdoor mass gathering" to include certain rural gatherings. Effective January 1, 2020. PERMISSIVE to allow counties to treat OMG as land use decisions. • HB 2329: Allows developers to work with counties to permit larger, mid-range scale solar/wind renewable energy projects under local land use authority. C. Housing Strategy Committee Convene a housing strategy committee comprised of one County Commissioner, up to three Planning Commissioners, planning staff, and others persons determined by the Board to explore and discuss housing strategies for Deschutes County. The outcome(s) could be: • Organizing and hosting panel presentations by housing experts and interests; • Creating a summary report of the Tillamook, Clatsop, Coos and Morrow Counties housing plans/strategies, among other Oregon counties; • Developing recommendations) to create a Deschutes County Housing Plan or Strategy, or, alternatively, a housing strategy report to the Board; and/or • Initiating other actions determined by the committee to inform decision making to increase housing supply. II. CURRENT AND ONGOING PROJECTS Table 1 summarizes the status of current and ongoing projects. -2- Table 1— Ongoing Long Range Planning Projects Project Summary Status Ongoing. City of Bend is exploring Staff continues to coordinate with the City of amendments to allow hangers as an Bend Airport Bend to amend the County's Comprehensive Plan outright permitted use. County staff is Master Plan and zoning code to allow new airport -related also serving on BAMP committees. This (RAMP) businesses at the Bend Airport through a process is expected to continue through streamlined permit process. 2020, and with related projects continuing in 2021 and beyond. Ongoing. PSU will release its annual population estimate in November and • Marijuana Annual Reporting and certify it in mid-December. Annual Inspections reporting for marijuana related land use Coordination • Portland State University Annual will be completed in September. Staff will Projects Population Estimate provide a summary of the inspections to • Destination Resort Overnight Lodging Unit the Board in late Sept. or early Oct. Annual Reporting Monitoring destination overnight lodging units will be initiated in January 2020 Deschutes County is proposing three separate Ongoing. The Planning Commission (PC) is sets of amendments to the Comprehensive Plan conducting a second hearing on and Zoning Ordinance relating to 1) DLCD Model September 12. The PC will likely make its Floodplain Flood Ordinance; 2) using flood plain as open recommendations to the Board in Sept. or Amendments space in cluster and planned unit developments Oct. The Board will then consider the located on split zoned properties; and 3) amendments. This project is expected to procedures for the division of split zoned conclude in late 2019/early 2020, with properties that contain Flood Plain zoning. potential LUBA appeal(s) to follow. Every 24 months, the State Historic Preservation Office (SHPO) offers matching grants to counties Historic that have been "certified" as historic preservation Preservation partners with both the state and federal Ongoing. Administering CLG Grant (Certified local governments. Deschutes County is a Certified through August 2020 Government Local Government (CLG). Staff is administering a Grant) CLG grant, which includes coordinating with the Historic Landmarks Commission and City of Sisters. The grant was awarded in May 2019. Ongoing. The Board will appoint members Deschutes County is accepting applications for its in September. The committee is expected new Wildfire Mitigation Advisory Committee to meet up to 10 times beginning in late Natural (WMAC). The committee will provide and continuing through Dec. or HazardsSeptember recommendations to the Board on whether the Jan. The Board will then consider the (Wildfire County should implement new building code di recommendations) and potentially direct Mitigation) standards and land use regulations focused on staff to initiate Code amendments mitigating wildfire hazards and improving wildfire implement the recommendations in safety. winter / spring 2020. -3- Project RLUIPA Amendments Technical Assistance Grant (Comp Plan Update/ Nonresource Lands) Terrebonne Refinement Plan (TSP Amendment) Terrebonne Sewer Feasibility Summary Deschutes County is proposing amendments to Deschutes County Code Title 18, County Zoning, Title 19, Bend Urban Area Zoning, and Title 23, Comprehensive Plan to address potential conflicts with the Religious Land Use and Institutionalized Persons Act (RLUIPA). Deschutes County is applying for a Department of Land Conservation and Development (DLCD) Technical Assistant Grant to initiate a Comprehensive Plan Update beginning in 2020 and address non -resource lands in relationship to other Comprehensive Plan elements (i.e. rural housing, natural hazards, wildlife habitat and other Goal 5 inventories, etc.) The Oregon Department of Transportation (ODOT) has coordinated with Deschutes and Jefferson counties for the past 18 months on a Terrebonne Refinement Plan (TRP). The work reviewed operational problems on US 97, 2018 and 2040 traffic volumes on the highway and selected County roads, and bike/ped. circulation issues. The resulting preferred alternative is a couplet: two one-way travel lanes southbound on current U.S. 97 alignment and two one-way travel lanes northbound on current 11th Street. The Board is contemplating a sewer feasibility study for the Terrebonne rural community. Status Ongoing. The PC is conducting a second hearing on August 22. It is expected to make its recommendations in Sept. The Board will then consider the amendments. This process is expected to conclude by late fall with a potential LUBA appeal to follow. Ongoing. Staff is preparing a grant application for the Board's consideration. Deadline is October 1. Ongoing. Board is conducting a public hearing in Terrebonne on August 26. This project is expected to conclude in September. Ongoing. Staff is awaiting Board direction on CDD's role if a feasibility study is pursued. If this project is initiated, it will likely begin in Sept. and conclude in winter 2020. III. PROJECTS NOT -YET -INITIATED Table 2 lists long range planning projects that have not been initiated. Projects are organized by theme. Table 3 — Non -initiated Long Range Planning Projects Project I Summary 1. Policy and Code Amendment Packages Day Care & Nursery Amend county code to allow day care, nurseries, and childcare facilities from a conditional Amendments use permit to a use permitted outright (subject to site plan review). Complete housekeeping and legislative amendments to ensure County Code complies with State law. *Note: HB 2106 which pertains to additional timelines for resource Housekeeping & dwelling approvals, came into effect on June 20, 2019. HB 3384 relates to nonconforming Legislative schools and their ability to expand in exclusive farm use zones. It came into effect on June Amendments 17, 2019. Staff proposes to initiate this project in September to ensure consistency with state law. -4- Project Summary Minor Variance Amend the minor variance 10% lot area rule for farm and forest zoned properties Amendments Nonfarm Dwelling Amend nonfarm dwelling code to be consistent with state law Amendment Outdoor Mass Gathering Permit Consider amending Deschutes County Code 8.16 pertaining to Outdoor Mass Gatherings Amendments Replotting Amend county code to define when replatting is required. Amendments Transportation Initiate County TSP update in coordination with Road Department and Oregon System Plan Update Department of Transportation 3. County Coordination Responsibilities Process City of Bend and City of Redmond UGB amendments to implement Affordable Affordable Housing Housing Pilot Project(s) and amend comprehensive plan. Participate in state legislative committee(s), and consider implementation if rural ADUs are allowed. Coordinate with City of Bend to establish an URA to protect rural lands for future Bend Urban Reserve urbanization and facilitate future UGB expansions. This project is subject to City of Bend Area approval and allocation of resources (staff) to coordinate with the County. Coordinate with cities, County departments, state agencies, federal agencies and Growth Management organizations to develop and implement growth management plans, joint management agreements, natural hazard mitigation planning, and cooperative agreements. 3. Community Engagement Participate in the implementation of Sisters Country Horizons Plan and Redmond Comprehensive Plan Update. Engage Tumalo, Terrebonne, and Newberry Country Community and Area residents to determine if community plans, goals, and policies meet the current and future Plans needs. Commissioner Adair and staff are serving on the Sisters Vision Implementation Team. Other community plans may be addressed simultaneously with or following the County Comprehensive Plan Update. Excavation Ordinance Consider and evaluate whether to develop an Excavation Ordinance. 4. Technical Assistance to Advisory Committees. Develop policy and procedures manuals for the Planning Commission and Historic Landmarks Commission with sub -committees of each body. The purpose of the manual is Policy &Procedure to provide a helpful reference guide pertaining to each commission's unique purpose, Manuals authorities, roles, decision making processes, applicable laws/regulations and documents, public meeting requirements, etc. Staff has been working on this as time permits. -5- vA 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 August 28, 2019 DATE: August 22, 2019 FROM: Isabella Liu, Community Development, TITLE OF AGENDA ITEM: DELIBERATIONS: Nehmzow Marijuana Production Facility BACKGROUND AND POLICY IMPLICATIONS: The Deschutes Board of County Commissioners will deliberate and determine if the subject proposal meets the requirements in the applicable sections of the Deschutes County Code. The Board held a public hearing to consider the appeal, filed by appellant Keith and Kristin Adams, in response to an administrative decision approving a marijuana production facility proposed by Tommy Nehmzow. ATTENDANCE: Izze Liu, Associate Planner MEMORANDUM DATE: August 28, 2019 TO: Board of County Commissioners FROM: Izze Liu, Associate Planner RE: Deliberations following a public hearing of an appeal of a marijuana production proposal. File No. 247-19-000431-A (appeal of Administrative Determination file no. 247 -18 -000915 -AD) BACKGROUND INFORMATION APPLICANT: APPLICANT'S ATTORNEY: OWNERS: APPELLANT: APPELLANT'S ATTORNEY: Tommy Nehmzow Michael Hughes, Hughes Law Gary & Lori Gore Keith & Kristin Adams Liz Dickson, Dickson Hatfield LLP LOCATION: The subject property has an assigned address of 60148 Stirling Drive, Bend; and is further identified on County Assessor Tax Map 18-13-30 as tax lot 500. HEARING DATE: June 26, 2019 CONTINUED HEARING: July 24, 2019 RECORD PERIOD: The record was closed at 5:00 pm on August 14, 2019. REVIEW PERIOD: The 150 -day period for issuance of a final local decision ends October 11, 2019. I. Purpose The Deschutes Board of County Commissioners ('Board") is tasked with determining if the subject proposal meets the requirements in the applicable sections of the Deschutes County Code. The Board held a public hearing to consider the appeal, filed by appellants Keith and Kristin Adams, represented by Attorney Liz Dickson (together "Appellant") in response to an administrative decision approving a marijuana production facility proposed by Tommy Nehmzow, represented by Attorney Michael Hughes (together "Applicant"). This memo and the attached matrix are designed to assistthe Board in their deliberations. Itfocuses on the contested aspects of the application that require Board determinations or interpretations. II. Record The record, in its entirety, was presented to the Board as attachments to the May 21, June 26, and July 24 Staff Memorandums. Only those record items that have not been presented to the Board previously are attached to this memo. The attached record items include materials submitted at the public hearing and during the open record period. Three binders containing copies of all materials in the record have also been prepared for the Board. They are located in the Board offices so that they are accessible at any time and the Board may reference them in public meetings. During the public hearing, Brenda Stanton testified and stated that her written testimony was not included into the record. Staff received one email from Ms. Stanton on March 23, 2017 regarding another marijuana production facility. Staff has not included this email into the record as it pertains to a different property. III. opposition The appellant and other opponents at the hearing stated several reasons for their opposition which were described in the Notice of Appeal, in oral and written testimony, and in the open record period submissions. The attached decision matrix is to assist the Board to determine if the Administrative Determination should be affirmed, affirmed with modified findings and/or conditions, or denied. Below and in the decision matrix, staff has identified five key issues that the appellant or an opponent has raised regarding the proposal. One other issue was raised that may be unrelated to approval criteria. Finally, several other topics were raised that did not relate to or address approval criteria. IV. Discussion & Summaries The following is a summary of the points of objection and does not fully describe or explore all aspects of the proposal or of objections. The complete arguments and rebuttals were presented at the hearing and in the attached record materials submitted during the open record period. 247-19-000431-A (Appeal of file no. 247 -18 -000 -915 -AD) Topics that addressed approval criteria (green section): 1. Separation from Youth Activity Center. 2. Screening and Fencing. 3. Odor Control. 4. Noise. 5. Secure Waste Disposal. Topics and questions that may or may not address approval criteria (yellow section): 1. Analysis of the applicable land use statutes, statewide land use planning goals and administrative rules of the Land Conservation Development commission are insufficient. Topics and questions that did not address approval criteria (red section): • Moral objections, personal beliefs, opinions regarding marijuana use (both positive and negative). • Amount of water to be used. • Traffic and use of Stirling Drive. • Fire access easement on subject property leadingto the Sundance Meadows Ranch property. • Public Health, Safety, and Welfare. • Compatibility with neighborhood uses. • Federally illegal. • Impacts to wildlife. • Proximity to a residential subdivision. V. Conclusion & Next Steps Staff respectfully requests that the Board specify if they intend to approve or deny the application and to provide any additional findings for staff to include in the decision. At the conclusion of the deliberations, staff will draft a decision for Board consideration. The draft decision will be placed on a future work session agenda to afford the Board with an opportunity to provide edits and feedback. That final decision will be placed on a future business meeting agenda for Board signature. The 150 - day period for issuance of a final local decision ends October 11, 2019. VI. Record Attachments The following attachments are materials that have been entered into the record after the July 24, 2019 Staff Memorandum. Only those record items that have not been presented to the Board previously are attached to this memo. They are presented in reverse chronological order. Attachments: 1. 2019-08-28 - Decision Matrix 2. 2019-08-14 -Applicant Final Argument 3. 2019-08-07 -Appellant Rebuttal 4. 2019-07-31 -Applicant Open Record 247-19-000431-A (Appeal of file no. 247 -18 -000 -915 -AD) 5. 2019-07-31 -Appellant Open Record 6. 2019-07-26 - R. Wills Open Record 7. 2019-07-24 - Hearing Exhibit List 8. 2019-07-24 - Hearing Exhibit 1 - Keith Adams 9. 2019-07-24- Hearing Exhibit 2 -Liz Dickson 10.2019-07-24 - Hearing Exhibit 3 -Jim Moran 11.2019-07-24 - Hearing Exhibit 4 - Kristin Adams 12.2019-07-24 - Hearing Exhibit 5 - Delores Schultz 13.2019-07-24 - Hearing Exhibit 6 - Wendy Burkhardt 14.2019-07-24 - Hearing Exhibit 7 - Staff PowerPoint 15.2019-07-24 - Hearing Exhibit 8 - Staff Area Map 16.2019-07-24 - Hearing Exhibit 9 - Public Testimony Requests 247-19-000431-A (Appeal of file no. 247 -18 -000 -915 -AD) M O m n T C c N b O N `O a ° H V O O L C C N O t a ° o a+ O Z W N t a o o +.' Z a ,a a o w o 0 •' Q i s a o c o m « v m w o '" c c- m m ° 3 > c m o u m L 'a'g 'a $ o 'a :� o M na a N a o_ a 0 o � o A -o c a v A ti °- a o. a c a m m y as A ui a o a s `o c o m EW tE o o a0 c m e o w m a! 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The Applicant relies on the entire record, including their application, the Staff's Findings and Decision regarding the application, oral testimony at the appeal hearing, written submissions, and any other materials that are part of the official record. The Applicant believes that the Staff Findings and Decision appropriately considered all the relevant facts and rules. The Appellant did not bring forth any legal or factual arguments that would compel the Board to deny the application or to overturn the Staff's initial Decision. The application detailed the most important information like the mechanical engineer's report on odor and noise and information on the water being used for the proposed operation. Regarding odor and noise, the Applicant has submitted a report that details how a carbon filtration odor control system will scrub all the air in each of the rooms used for cannabis T1 IF Iit'Ci111 � CC}MPAN,II, . 1a.(' P.O. BOX '7019 MID. OR 97708-70] 9 (11) 1`i 1! 408-980-1 (6) x41 -X08-989-1 mrtn�<�(��a�zt mrhu�!h4sla��.c�n,� pg. I production in the small proposed building. This report demonstrates how this system will specifically work inside the proposed building. The report uses the equation from the ordinance to explain how many CFM's the system will have to move so as to be compliant with the Code. The report then details how this system will do that, and thus prevent any unreasonable infringement upon any neighbors' property due to odor from the cannabis operation. In addition, the applicant provided additional information that demonstrated how the carbon filtration system would be regularly maintained at constant intervals to ensure that it is working to prevent odor from leaving the marijuana production facility. With regard to noise, the same report details how the Applicant will not generate any noise at any time that would exceed 30dB(A) at any property line. Thus, the proposed operation would not exceed that decibel limit from 10 pm until 7 am as required under the Code. Any noise generated by the HVAC system would be intermittent and not sustained. No alternative information or credible argument has been made that would contradict the mechanical engineer's report concerning the Applicant's compliance with the Code regarding noise. The Applicant has provided the required proof of water with a will serve letter from Avion. There has been no evidence or testimony showing that the Applicant is not allowed to use this water for cannabis production. The evidence presented indicates that the water from Avion can be used for cannabis production, as it is for other OLCC licensed cannabis farms in the area. Thus, the Applicant has satisfied their requirement to show a legal source of water for the cannabis operation. I-1 I I I Fll'Cf111 S EONiPNNIFSS H,C PA), ROX 7619 BIND. OR 97708-7019 (11) H -408-1)M (1') S<i 1-408-989-1 In,]] I[,-, liesa`mrhu� The only real issue presented by the Appellant is whether or not the swimming pool and tennis court located on Sundance Meadows on the adjacent property to the proposed application are Youth Activity Center(s) ("YAC") under DCC 18.116.330(B)(6). If these are YACs, then the Code requires 1,320 feet of set -back from the proposed marijuana production facility. During their initial filings in the appeal, the Appellant claimed that because children used the facilities, they were YACs. However, it was clearly established in filings and at the hearing that Sundance Meadows is a for profit company that sells units in its company to members who can then use the property to camp and recreate. The main purpose of the business is to sell units to potential members. The arrangement is documented with a contract that is signed by adults. The fact that Sundance Meadows offers activities that can be done by children does not meet the requirements of a YAC under the Code. During testimony, the appellant attempted to broaden the scope of the YAC beyond the indoor pool and tennis courts. The appellant claimed that the entire Sundance Meadows was a YAC simply because children of members could be present on all parts of the property at any given moment. This broad definition of YAC was properly analyzed by staff in the review of the application and findings. Though YAC is not defined under the Code, the staff found that there was not evidence in the record that organized, supervised and extracurricular recreation activities directed towards youth was occurring on a regular basis at Sundance Meadows. The appellant knew that youth using the Sundance Meadows was ancillary to the actual business of the company. In an effort to bolster their claim of a YAC, the appellant in the original '111F, HIC 01I11'.S ('0'01'=''NH'.';e 1.1,C' P.O. BON 7019 13FND. € R 97708-7619 411-1108-9884 W) 741_408_9891 nrl�u<)hw sup L' . 3 filings indicated that Sundance Meadows would be hosting a Boy Scout Jamboree with 1,100 boy scouts in the summer of 2019. However, during testimony Sundance Meadows reported that they were only in discussions with the Boy Scouts and that no jamboree was occurring on the property this summer. If this property was used exclusively by the Boy Scouts, Girl Scouts or any other entity whose sole purpose was to provide activities to youth, the property and its facilities would be classified as a YAC under the Code. When trying to determine what a "YAC" is, it is also important to look at the background to the Code. This would include the work done by the Deschutes County Planning Commission and the Marijuana Advisory Committee ("MAC"), whose proposals where presented to the Board of Commissioners prior to adopting the Code concerning marijuana production in the County. The Planning Commission came up with the concept of YACs and the required setbacks. During the February 22, 2016 meeting of the MAC they discussed what the Planning Commission had proposed regarding set backs from schools, licensed daycare centers, parks and "youth activity centers". See Exhibit 1, Page 3, DRAFT Minutes, Mar#uana Advisory Committee, February 22, 2016. An example of the Boys and Girls Club was given as a YAC. The MAC adopted the Planning Commission's language regarding YACs but did require non-profit status. See Exhibit 2, Page 6, Minutes, Marijuana Advisory Committee, April 7, 2016. It is clear from the record that a YAC was intended to be on a property where organized and regular events that are directed at youth occur. The appellant is applying a very broad definition of YAC that was simply not the intent of the Planning Commission, the MAC or the 111E I It'GI II?1� C'ONIIIANJP, LLC P,O. BOX 7019 RIND. OR 97708-70N (11) X41-408-988-1. (h) x-1.1- 108-9894 4 Board of Commissioners when they adopted the ordinance. The appellant wants to have the entire property of Sundance Meadows declared a YAC. Yet, there has been no evidence presented that Sundance Meadows was started or is operated solely as a business that caters to youth and children. There has been no evidence presented that Sundance Meadows hosts any events that are open to the public and directed and youth. All the evidence presented indicates that Sundance Meadows is a private property that has children present. This is not a YAC as contemplated under the Code. CONCLUSION The Appellant has not presented any facts, evidence, or arguments that would be sufficient to reverse the Staff's decision regarding this Land Use Review application. The Decision to allow the use of this property for cannabis production fits into the policy of preserving farm land for farm use that is inherent in the County's Comprehensive Planning. If the County is truly worried about the complaints of the appellants and neighbors concerning odor, lights, traffic and other issues, they should be promoting small scale OLCC licenses and not discouraging them. When the County prevents land owners from using their property for OLCC production they are only encouraging people to engage in larger scale hemp production. The County has regulatory control over small scale OLCC production, but not hemp production. Thus, in general the County will be better able to control the typical complaints of odor, light, noise and traffic by having OLCC licensed producers. In this case, the proposed small scale OLCC production would not present any of the problems most of the neighbors are worried about. 111: IIC'GI IF S C ONIP'ANII�.S. 1_1C P.O. BOX 7019 lfl:,ND? OR 97708'-7619 (11) 5.11-408-9884 (1-') 5:-1.1.408-981W 5 L The application and the Decision by the Staff to approve it sufficiently addresses the concerns raised in this appeal. The Applicant requests that the Board adopt the Staff's decision and approve the application. DATED: 14AUG2019 Respectfully Submitted, Michael R. Hughes, OSB #135942 Attorney for Applicant Till I II�GI I S ("UN1P"NINIFS, H,C PA), IWX 7011 111:, D. OR 97'1708-7019 (11) X41--X08-988x1(F) 11 ]-- 08-989-1 ��rliu� 11e5 �t mrh��lte5ls��.�:��m per. 0 Exhibit I DRAFT Minutes Marijuana Advisory Committee February 22, 2016 Tl IF IItt (;lCOMPA NI I S_ 1,1,(' PJ), BOX 7019 1IFNI). (W 0708-7019 I. CALL TO ORDER Community development Department Planning Division 9udding Satety Otvision Enviranmenial Sods Division P.O. Box 6405 1� 37 NW Lafayette Avenue Bend. Oregon 977t}8•6005 Phone: (541) 388-6575 Fah: (541) 385-117654 http:,/,/,,,,,,wv,v,desciiutes,orgilccI DRAFT MINUTES MARIJUANA ADVISORY COMMITTEE DESCHUTES SERVICES CENTER 1300 NW WALL STREET, BEND, OREGON, 97701 FEBRUARY 22, 2016 — 4:00 P.M. Meeting was called to order at 4:00 p.m. by facilitator Mary Orton from The Mary Orton Company. Members present were: Josh Rodriguez, Matt Cyrus, Steve Swisher, Andrew Anderson, Jeff Ingelse, Glenn Kotara, Larry Fulkerson, Hunter Neubauer, Alison Hohengarten, Lindsey Pate, Liz Lotochinski, Sam Davis, Tim Elliott. Staff present were: Nick Lelack, CDD Director; Matt Martin, Associate Planner. II. PUBLIC COMMENTS Winter Frisch said it seems like a lot of the people in the group have read the OLCC and OHA rules, which is very helpful. She feels that the timing of submitting comments does not work with having to wait until a week after the meetings, and perhaps there should be comments after each topic. Regarding retail regulations, she knows you cannot recreate in public but the opportunity for production and consumption on private property has been done with beer and wine in this town for a long time. A lot of people would love to go to a sampling room and get educated on the process. Nunzie Gould said she lives in rural Deschutes County and has submitted comments regarding retail. There are places such as Tumalo where there is a community center, a slow 25 mph main street, a failing intersection at Highway 20, and these need to be considered in Tumalo and other rural areas. Areas on the map shaded green should not necessarily be automatically considered for retail operations. Adequate septic systems for employees need to be considered. The performance and surety bond system that Deschutes County has in its code are used for things such as solar arrays (at the conclusion of use of the facility, it is removed from the site). These are used for destination resorts to provide surety that conditions of approval are met, as well. Marijuana brings OHA regulations, OLCC, DEQ, OWRD regulations, ODOT and County regulations, and if your retail site is contingent on some regulations, it would provide the community assurance that rules are enforced. Quulit y Services Perlirrrrred witlr Pride III. DISCUSSION ON MEDICAL AND RECREATIONAL MARIJUANA REGULATIONS - RETAIL Matt Martin gave a summary of the items in the packet for this meeting. Mary reviewed the data on the matrix: the OLCC rules say that recreational sites have to be at least 1,000 feet from schools; the local standard cannot require more than 1,000 feet from another retail operation. The Planning Commission adopted the 1000 -foot standard for schools and added licensed child care centers, boys' and girls' clubs, and youth centers. OHA requires at least 1,000 feet between dispensaries and there are other standards as well. Matt Martin said OHA has a minimum separation between dispensaries of 1,000 feet; the Planning Commission recommendation was to clarify that and make it 1,000 feet between any and all retail outlets (medical or recreational). Measuring Separation One of the committee members felt that measuring 1,000 feet from lot line to lot line violates the statute, which says from facility to facility. This also coincides with what Jackson County and Clackamas County decided. One member noted that this may be changing in state statutes in a couple of weeks, and perhaps facilities should be located closer to each other rather than spread out. Another member offered that the definition was "property" and not "premises." Matt quoted the OLCC regulations; several members offered that OLCC regulations should be followed or that state regulations be followed. One member suggested that specific foot distances be stated rather than following regulations. Another member felt that OLCC regulations were very specific. Lot line to lot line versus building to building distances were discussed. Susanna Julber from the City of Bend said their regulations specified 1000 feet for recreational retail, and specified property line to property line because they cannot really measure building to building without being on the property. Nick added that Clackamas County used a hybrid — property line of the school to nearest edge of the retail building. A proposal was made to defer to current state regulations for how separation is measured, acknowledging that they may change; if the state makes those regulations less strict, the County will keep their stricter regulations. If the state makes their regulations stricter, the County would have to conform to the stricter standard. Consensus was not reached as there were three red cards. Alison agreed to write up the "no" position for the report to the Board; Tim will write up the "yes" position. A proposal was considered to use the Clackamas County measurement method, from the lot line of a school, etc., to the closest point of the space occupied by a marijuana retailer. Consensus was not reached as there were two red cards. Sam agreed to write up the "no" position for the report to the Board; Steve will write up the "yes" position. A proposal was considered to measure separation from property line to property line to avoid encroachment where children are located. Consensus was not reached as there were four red cards. Lindsey agreed to write up the "no" position for the report to the Board; Liz will write up the "yes" position. A proposal was considered to measure separation in the way that the state regulations or law prescribes, even as it changes. Consensus was not reached as there were four red cards. Tim agreed to write up the "no" position for the report to the Board; Alison will write up the "yes" position. Mary reminded the group they had a limited time in which to do their work; the members spoke about how to make progress and still give everyone time to speak. Separation Distances Nick said the Planning Commission spent significant time on some issues and deliberated for eight hours. They recommended a separation 1,000 feet from public and private schools, licensed child care centers (excluding in-home child care), licensed preschools and parks and licensed youth activity centers, using a 501(c)(3) boys' and girls' club as an example but not as a definition. In addition, they recommended 1,000 feet between all retail outlets. A suggestion was made to add public meeting places such as The Grange in Alfalfa, playgrounds and libraries. Nick mentioned procedures for when the committee recommendations are made to the Board. A concern was raised about defining things like the river because youth and the public use the river — is this all considered a park? This may be a slippery slope. Schools measured from property line to the premises were discussed. The issue of a new school being built where a retail operation exists was discussed. Nick said that once a use is established, we probably cannot require them to relocate. One member said that schools are already planning locations, especially as the City's urban growth boundary is expanding; but the UGB process will start up again in five years which could change things again. A proposal was considered to require a separation of 1000 feet from public and private elementary and secondary schools, licensed child care centers (excluding in-home child care), licensed pre-schools, national monuments and state parks, and all approved/licensed youth activity centers; and require a separation of 1000 feet between all retail outlets (medical and recreational), and that a change in use (e.g., a new school) shall not cause a violation of this standard. Separation to be measured from the lot line of the school. The proposal was agreed to by consensus. Members voiced their opinions about locations near libraries (not mini -libraries) and the need for educating children about marijuana. The group considered a proposal that no retail marijuana facilities be allowed near public playgrounds, meeting places available for rent such as The Grange, and Deschutes public libraries. Consensus was not reached as there were 8 red cards. Liz will write up the "pro" summary; and Josh will write up the "no" summary, which are due a week from this Friday. Hours of Operation Hours of operation were considered. The Planning Commission proposed 10:00 a.m. to 7:00 p.m. and the OLCC standard is 7:00 a.m. until 10:00 p.m. One member felt that the hours should be 7:00 a.m. until 10:00 p.m. because 7:00 p.m. is fairly early for summer hours. You will push traffic into the cities and are telling these people they have to drive on rural roads at nighttime to go into the cities for their medicine. Other businesses can stay open until 10:00 p.m. The operating hours should be more flexible for the County. It was mentioned that law enforcement said there might be issues with dispensaries staying open late and a shorter time requires less manpower. An argument was made that this then pushes Deschutes County law enforcement concerns over to the Bend police department. Also, people will switch to an illegal route if they can't find a legal one for their medicine. The point was made that rural communities do not have the level of police protection that the cities have, so safety will be compromised if the 7:00 closing time is approved. It was stated that City of Bend went along with state rules (7:00 a.m. until 10:00 p.m.) and has not received any complaints in the five years that dispensaries have been operating. OLCC regulations were also considered for operating hours, and the point was raised that dispensaries in rural areas may find that it's only viable to stay open four or five hours a day. The following proposals were considered for operating hours, and consensus was not reached on any of them. 7:00 a.m. until 10:00 p.m. — 2 red cards(Josh will write up the "pro" position, Liz will write up the "no" position) 10:00 a.m. until 5:00 p.m. — 9 red cards. No one volunteered to write this up for the report. March 1 through October 31, 7 a.m. to 10 p.m. and November 1 to the end of February, 9 a.m. to 7 p.m. — 2 red cards. No one volunteered to write this up for the report. 10:00 a.m. until 7:00 p.m. — 1 red card. No one volunteered to write this up for the report. 9:00 a.m. until 9:00 p.m. — 2 red cards. No one volunteered to write this up for the report. There was further discussion about operating hours and various options. A proposal was considered to use the Planning Commission recommendations (10:00 a.m. until 7:00 p.m.) except in the Spring River area due to the level of tourism there, where OLCC regulations would be followed (7:00 a.m. until 10:00 p.m.). Consensus was not reached due to one red card. Eagle Crest was brought up as another area with a lot of tourism and traffic, but it was decided that dispensaries would probably not be allowed there due to the destination resort overlay. Staff will look further into Eagle Crest. Window Service A proposal was considered to allow no window service at retail outlets, and consensus was reached. Minors OLCC regulations prohibit anyone younger than 21 on the premises of a recreational marijuana retail outlet. OHA allows patients as young as 18 to enter a dispensary and purchase the product, It was stated that there is pending legislation on moving to one regulatory body instead of two. It was also stated that minors with medical marijuana cards do not have to be accompanied by an adult to purchase product. Mary reminded the group they could propose different regulations for recreational and medical. A proposal was considered to adopt the Planning Commission recommendation: "No minors allowed, unless accompanying a parent or guardian as allowed by state law." Consensus was not reached as there was 1 red card. The group considered a proposal to adopt the current state regulations of a minimum age of 18 years for medical marijuana and 21 years for recreational marijuana. Consensus was reached with all green cards. Co -Location The Planning Commission proposal of no consumption or smoking clubs on site with sales was considered and consensus was reached. Odor Odor was discussed. The City of Bend did not have any specific odor requirements because they cannot objectively measure them. Coffee roasting and hops from beer production also bother some. Clackamas County requires an active carbon filtration system, with specific cubic foot recommendations. One member suggested that if the retail facility is located in the county, people going into the store would not be bothered by odors. Another member disagreed and felt that there could be impacts on neighbors. A doctor's office would have patients who could be affected, etc. A suggestion was made that this be subject to conditional use approval. Another suggestion was made that this be complaint driven. One member said Denver's ordinance requires that an odor must be detected at a certain distance from the premises, it has to unreasonably interfere with someone else's enjoyment of their property, and the department "has to receive five or more complaints,". Nick said that if we go the conditional use path, some standard should be noted that can be enforced. Permitted uses and conditional uses were discussed. Nick explained conditional use code — these standards could be the baseline and the County could be more restrictive during the conditional use process. An proposal was consider to say that it shall be unlawful for any person to cause an emission of a detectable odor that unreasonably interferes with the use and enjoyment of neighboring premises, with reasonable being judged as someone with normal sensibilities. It was suggested that this might be something that opens up huge issues for arguments between neighbors. One dispensary owner said he had never received any complaints about odors, nor had another dispensaries as far as he knows. Susanna Julber from the City of Bend said she would find out if Bend has gotten complaints and get back to the group. One member mentioned the strong smell of hops through the City of Bend at any time due to all of the brewery operations. Another member felt that due to the lack of staff for County code enforcement, and the emphasis on complaints affecting health life and safety, complaints of this nature would never be investigated. It should be written in the code and specifically stated that there be odor control. It is a cost of doing business. One member questioned why the Planning Commission did not address this in its recommendations; Steven noted that with their limited time, dispensaries were considered less of an issue than grow/processing operations. The proposal did not reach consensus due to two red cards. No write-ups by members will be provided. A carbon filter for odor control (engineered fan) was discussed. Building Official Randy Scheid spoke about building codes and said you cannot create a local ordinance that is more restrictive than the code _ right now we have no odor control code in the County. The Clackamas regulations were never vetted through the state. Anything we do must be approved by the state. A proposal was made to adopt the Jackson County regulations, plus the requirement that filters be changed according to manufacturers' minimum standards, and requesting the BOCC to ensure the CFM of the fan be appropriate to the building. The proposal did not reach consensus due to five red cards. Liz will write up the "yes" side; Lindsey will write up the "no" side. Another suggestion was that if a reasonable person with normal senses could smell odors outside, a carbon filter could be used. If you are on a large parcel, the odors would not be a problem. Nick mentioned that we are trying to be very precise, but the conditional use process will address sites on a case-by-case basis. There may be public hearings and competing experts on both sides, and a hearings officer would balance the evidence and make a decision, which is appealable to the BOCC. One member asked if a complaint were filed and it goes at the bottom of a pile of 400 other complaints, what happens? Nick said it depends on what is written in the code, and it could very well be that we have to wait until they reach it in the queue. There is an option of a private right of action where a citizen goes to the County Legal Counsel for enforcement, which is more expensive. Zones Zones were discussed. It was noted that the Planning Commission allowed retail via conditional use. Change of use was questioned — Matt Martin said the BOCC said that conversion to recreational from medical is considered a change of use, and a proposal can be made for a conditional use permit. A proposal was offered that for both recreational and medical marijuana, retail would be allowed in permitted zones under conditional use. Consensus was reached. Exhibit 2 Minutes Marijuana Advisory Committee April 7, 2016 I'll]IW:GIII'I C'��NIPNINIFIS' a,C P.Q. 13(1\ "766 BLND� OR 97708-7019 (11) 14 1 108-1)88-1 (F') 541--108u9Y,9,4 mrhnt;.>hes a mrhm2hcsl<M.c0111 pg). 8 N -0 Macii.— I I. CALL TO ORDER Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97705-6{}05 Phone: (541) 388-6575 Fax: (541) 355-1764 http://www.deschutes,org/cd MINUTES MARIJUANA ADVISORY COMMITTEE DESCHUTES SERVICES CENTER 1300 NW WALL STREET, BEND, OREGON, 97701 MEETING #7: APRIL 7,2016-4:00 P.M. The meeting was called to order at 4:00 p.m. by facilitator Mary Orton from The Mary Orton Company. Members present were: Josh Rodriguez, Matt Cyrus, Steve Swisher, Andrew Anderson, Jeff Ingelse, Glenn Kotara, Larry Fulkerson, Hunter Neubauer, Alison Hohengarten, Lindsey Pate, Liz Lotochinski, Sam Davis, Tim Elliott. Staff present were: Nick Lelack, CDD Director and Matt Martin, Associate Planner. II. INTRODUCTIONS AND OPENING REMARKS Mary summarized the committee's progress to date and outlined goals for this evening's discussion. III. PUBLIC COMMENTS Jim Petsche spoke about the greenhouse near his property and submitted photos. Toni Oliver of Redmond testified that she lives on a small farm. She is concerned about setbacks and noise from fans, which animals don't like. Jan Dorgan of Redmond asked about the ratio of industry representatives on the committee. She also suggested a screening process for workers on farms and is concerned about hiring of convicted felons. She questioned why taxpayers are subsidizing the industry — there are more taxes on properties, more emergency room visits, responsibilities when we are sued by surrounding counties that have opted out. Why is this panel also not considering electrical uses? Jon Olsen from Tumalo spoke about setbacks and greenhouses. To have the County put automatic restrictions in place puts the County at risk. Perhaps we need a waiver between neighbors who have agreed to work together. Right now there are no restrictions on unsightly international shipping containers and they can be stacked up for screening. If EFU Quality Services Perf orfned With Paid e property holders are farming marijuana with a mortgage, they are in violation and will lose their properties. Ron Radebaugh said he has owned property in Tumalo for 20 years. The industry is here, and attempts to make it go away by using slang terms such as "marijuana" and "pot," will not work. Many support this industry because it gives them better lives. Canada and the rest of the U.S. are watching what goes on in Bend. He started taking CBD (hemp) for arthritis and back pain and it works. He sells lights to people in the marijuana industry, who informed him about this committee. Dan Harrison said he lives in Tumalo and is a veterinarian who provides services for farms and ranchers. These are friendly neighbors; they are kind and will help you out in the rural areas. Many people have chosen that as a lifestyle — they like quiet nights. He urges the Board to protect this environment and get ahead of the curve. There is no setback that wouldn't infringe on the fabric of their lifestyle. Lori Sullivan testified that she is a rural resident and has been present for each meeting of the committee. She works in the horticultural industry and began doing patient advocacy in 1996. Her daughter has special needs and has benefitted from cannabis. She had a previous career in solar energy. Larger parcel sizes and increased setbacks only attract out- of-state businesses that can afford the properties. She spoke about lighting requirements as discussed during previous committee meetings. She would like to have the committee reconsider outdoor grows. Jeff Glasburg talked about the committee's attempt to develop reasonable regulations. He showed Jim Petsche's map and asked who would buy the property if the grow is next door. The value would plummet. He asked the committee to be sensitive and talk about what is reasonable for mitigating impacts. Justin Gottlieb said that Jackson County filed a LUBA lawsuit today which has direct impact on these proceedings. IV. FINAL APPROVAL OF CONSENSUS ITEMS Mary suggested that the members set aside production and processing for now, because they are incomplete, and focus on retail and wholesale. Affirmation of consensus items for retail and wholesale. All green cards indicated consensus. V. DISCUSSION AND CONSENSUS BUILDING ON MEDICAL AND RECREATIONAL MARIJUANA REGULATIONS: PRODUCTION AND PROCESSING IN EFU Matt gave an overview of Deschutes County Code and said processing of a farm crop in EFU is permitted outright as a result of state law. Two primary components are important — one quarter of the crop being processed has to come from the same farm; and the size of the processing facility cannot exceed 10,000 square feet. There needs to be a specific relationship between the subject property and the farm operation. One member asked about two types of processing for marijuana — with and without extracts, one of which is much more dangerous. Can we permit non -extract processing and exclude extract processing in EFU? Matt said yes, and limits can also be established such as allowing certain processing only on properties within a fire district. A proposal was made to allow no extract processing on EFU parcels. If this is found to not be legal, then a recommendation was made to allow processing of extracts only on 80 acres or above to minimize potential fire damage. A suggestion was added for 500 -foot setbacks. a. Lot size for processing, including extracts: One member offered an alternate proposal for farming and processing to be outright permitted uses on EFU, with no additional restrictions. Another member related that ORS says if the facility is located on a farm operation providing at least one quarter of the crops for processing, and a building is provided for processing, the processing area may not exceed 10,000 square feet. It must comply with all applicable standards but state statutes specifically preclude the County from imposing reasonable regulations. Nick discussed the language and whether reasonable regulations may be adopted. Another member wanted to clarify that processing -related words like "explosion," may sound a little bit aggressive. She stressed that processing is described and clarified based on public safety standards. There are policies and procedures in place to regulate the business. Another member felt that 10,000 square feet was a lot of space and more than is usually needed. He proposed ten - acre minimums for processing extracts, 100 -foot setbacks from property lines; 300 for residences. He also discussed closed-loop systems used on the black market which are not engineered and approved by the Fire Marshall and do not cost $10-$20,000 as a good system does. We should not force legal processors with high quality machines out of processing — this will drive more black-market operators into the area. The good machines contain 99% of the gas, and there are large differences between machines. We could see more explosions if unsafe machines come into the area. A member confirmed that they had gotten consensus on noise, lighting and odor. Mary said County staff had indicated we could not completely disallow processing in EFU because state law allows it. We are talking about extract processing only. Another member felt no additional restrictions are necessary because licensed processors will have to meet the OLCC requirements. Additional restrictions will only encourage non -licensed operations to do this. She is more concerned about fires from neighbors' burn piles. To get a license through OLCC or OHA, there are rigorous rules that have to be followed. It is a highly regulated industry. Another member said a good way to compare processes is to look at Bendistillery which is on EFU and uses a high-pressure, flammable process and has to follow safety procedures. That is what OLCC will do for marijuana processing. Local fire departments will have to sign off on all building requirements. This is a real business and if we don't regulate it, we will find our community in a much worse situation than we are in now. Also, processing is not practical outdoors. Matt added that processing has to take place in a fully enclosed room. Another member said that probably the most dangerous processing is grain processing, which is very explosive. A member said that in Colorado all marijuana facilities have to be in industrial -zoned areas, not EFU. There is concern about quantity, inspection and risk. Another member felt that if setbacks are included, they should be zero on the property line but there should be a setback for a house not on the property. If there aren't a lot of houses near the property, more jobs can be created. 3 A proposal was modified for a 200 -foot setback from any house not on the property. Another member expressed concern about not having setbacks. Matt said there is already a minimum setback of 25 feet for all buildings; dwellings have a 100 -foot setback. One proposal was modified for setbacks of 300 feet from a residence not on the property and the County minimum of 25 feet from the property line otherwise. A proposal was made to double the requirements of the County Code for setbacks and 300 feet from a residence not on the property. One member suggested using the Planning Commission recommendations which were 200 - foot setbacks from any property line; additionally no processing within 300 feet of an adjoining structure (residence not on the same property). Another member wanted to add language stating that closed-loop engineered systems as required by the OLCC be mandatory. The possibility of the OLCC and OHA codes changing was considered. Proposal A: No extract processing on EFU; or if it is illegal to prohibit it, only on 80 - acres minimum with 500 -foot setbacks. Vote: 2 green cards 10 red cards 1 yellow card Liz will write up the "pro," and Lindsey will write up the "con." Proposal B: No additional restrictions on processing of extracts other than current Code/OLCC minimums - closed-loop system required; 25 -foot setback from the lot line; 300 -foot setback from any residence not on the property. Discussion: A member asked if the committee can make restrictions that are stricter than OLCC and whether they would stand up in court. Nick said the committee can make them, but we don't know how they will stand up. Another member said there are only 60-80 applications pending right now with the state. One member felt that the number of licenses submitted to date really has no bearing on those that may be submitted in the future. Vote: 4 greens 5 red cards 4 yellow cards Josh will write up the "pro," Sam will write up the "con." Proposal C: Minimum parcel size for processing extracts of 10 acres; 100 -foot setback from lot line, 300 feet from a residence not on the profperty; closed-loop sytems. Vote: 4 green cards 6 red cards 3 yellow cards No write-ups. Proposal D: Setbacks of double the County Code requirement plus 300 feet from a residential property. Vote: 6 green cards 4 red cards 3 yellow cards Lindsey will write up the "pro," Sam will write up the "con." Proposal E: 200 -foot setback from the lot line; 300 feet from a residence not on the same property. Vote: 3 green cards 7 red cards 3 yellow cards Proposal F: No processing within 300 feet of a property line for an existing or applied for/permitted primary residence not on the property. A member was concerned about de -valuing properties next door (for a residence). Another member reminded everyone that property values and economics were not part of the discussion. Vote: 11 green cards 2 red cards Hunter will write up the "pro," Sam will write up the "con." Matt clarified that the above discussions and votes were for processing extracts. b. Separation (production and processing) One member suggested using the retail consensus plus churches, public playgrounds, libraries and separation between licensed facilities as the City of Bend does. If you. have an unlimited number of OLCC licenses, there could be a clustering in one area which should be avoided. She recommends a three-mile separation. Another member asked whether the idea was to put them all out in the middle of nowhere as was previously suggested; the member recommending a three-mile separation asked if all of the growers present would N1 agree to that right now. Another member asked for clarity on Bend's separation requirements. It was stated that this was only for retail (recreational or medical); processing can occur right next to a school or park. A member said it was an interesting idea to group everything "in the middle of nowhere," which was referred to by a previous governor as "everything east of the Cascades." The language used by the Planning Commission was considered and a proposal made to use that, without the 501(c)(3) language (retail consensus). Proposal A: No separation at all. Vote: 6 green cards 6 red cards 1 yellow card Proposal B: Retail consensus, addition in protecting areas. Vote: 1 green 10 red cards 2 yellow cards Liz will write up the "pro." No one volunteered to write up the "con." Proposal C: Retail consensus (separation of 1000 feet from public and private elementary schools, state parks, national monuments, licensed youth and activity centers, licensed day care centers). No separation between processing and production sites. Vote: 8 green cards 5 yellow cards Mary asked if existing licensed medical facilities should be addressed differently. A member suggested that if there is a pre-existing facility there be a grandfather clause. Nick said we could impose noise, odor and lighting considerations within a reasonable time period but not setbacks. Matt said we use the term "lawfully established," rather than "licensed." If someone has an existing grow that is within the parameters of the medical marijuana program, the County would consider it lawfully established. A member asked if there was consensus on measurements; Mary said it was from the buildings. Proposal D: Existing medical marijuana processing and production sites that are lawfully established shall be exempted from this standard; if they apply for a new license, the separation rules apply. Vote: 12 green cards 1 yellow cards Measurement regulations were discussed, and a proposal was made for 1000 feet from the lot line of the school to the actual premises, whether inside or outside/grow site. c. Setbacks Proposal A: For new production/processing, County minimum setbacks for any existing building; 300 feet setback from an existing residence not the same property. Lot sizes were considered and limiting parcel sizes via setbacks, some of which was discussed during the last meeting. Vote: 5 green cards 7 red cards 1 yellow card Josh will write up the "pro," Liz will write up the "con." Proposal B: 200 feet from a lot line and 300 feet from the lot line to an existing dwelling, not measured from the area used for production. On member felt that the committee has worked a lot on odor, noise and lighting and would propose 100 feet from the property line, 300 feet from a permitted residence. Jackson County also dropped its setback to 75 feet; 200 feet was considered unreasonable by some committee members. Another member proposed a 200 -foot setback from a lot line; 300 feet for indoor grows; 1000 -foot setback from an outdoor grow to an existing building. A member said that from the agriculture side we may be going about this backwards. This is an EFU zone where residences are not supposed to be there — the homes should have to be set back from the property line in order to protect the farms producing agricultural products next door. Another member said that, regarding people who bought into EFU land and should not complain, the same theory could apply to new recreational marijuana businesses which could move to less - restrictive areas than Deschutes County if it ends up that way. A comment was offered by one member that she lives on a uniquely -shaped property and this would actually work against her neighbors. What are all of the implications of a 200 -foot setback? She saw wording in the language regarding wineries on EFU applying for variances. She should like to see language that encourages variances. She would like to see 100 feet for the setback and 300 feet from a residence, adding language that encourages variances (if the applicant fits one of the four criteria on the variance application). Vote: 5 green cards 8 red cards No write-ups. Proposal C: 100 feet from the lot line; 300 feet from a residence. Vote: 5 green cards 2 red cards 6 yellow cards Lindsey will write up the "pro," Liz will write up the con." Proposal D: Indoor grows - 200 feet from the lot line, 300 feet from a residence; outdoor grows 1000 feet from a residence not on the property, either existing or applied for; 200 feet from a lot line. It was proposed to add language to each proposal regarding neighbors agreeing to lesser setbacks and signing a written statement. Mary said this could not be added to others' proposals but a separate proposal could be made. Renters versus owners were considered. Nick said that many setbacks are allowable for variances. It is in the winery section because we took it from statute. We do have neighbors' signoffs for solar variance and surface mining impact areas. Vote: 5 green cards 8 red cards Sam will write up the "pro," Lindsey will write up the "con." Proposal E: include language to the effect of "unless a variance is granted." Vote: 11 green cards 2 red cards Allison will write up the "pro." Proposal F: Include language allowing neighbors to agree to lesser or no setbacks. Vote: 9 green cards 2 red cards 2 yellow cards Proposal G: Existing lawfully permitted buildings in place as of the date of the Board's decision are exempt from the lot line requirement. The members considered promoting use of existing agricultural structures and improving them as needed for processing. 7 green cards 5 red cards 1 yellow card 0 Dates were discussed for compliance with odor and lighting requirements (#33) — applied to existing sites after one year. One member wanted to reconsider the date requirement and the original proposal was reviewed. Mary asked if there were other consensus items that the members wanted to revisit. A member asked for clarification about mitigation technologies and that they should be appropriate — noise, odor and light — and meeting one year of time for compliance. Mary said that noise compliance was not given a year. For lighting, existing sites would have a year to comply. The committee was silent on odor compliance timelines. An email from Matt to members summarized a decision that marijuana processing/production sites in EFU shall comply with noise control standards of DCC 8.08; one member objected to "noise from mechanical equipment used shall not produce sound measured at any lot line of the subject property line in excess of 50 dBA." There was disagreement also as to whether this applies to existing sites. One member read from County Code standards regarding noise control and felt that the previous meeting's decision weakens the Code language. She would like the County Code to apply 24/7, however, rather than 10 a.m. to 7 p.m. Members could not agree on whether the second sentence reduces or strengthens and requirement. Another member asked if the County receives complaints when tractors and bailers are running. Nick said that the County does not enforce noise ordinances. Another member clarified that right now he could run a tractor next to a house all night long; a distinction was made that fans are a permanent nuisance rather than a tractor which would go away. One grower felt that fans from greenhouses are extremely quiet. Mary reminded members that in 8.08 the noise cannot disturb a neighbor from 30 feet away per County Code. One member asked which of the two standards would be enforced by a hearings officer versus the sheriff — the existing ordinance applies to all EFU, and we are talking about only applying something to marijuana grows. One member commented that a single grower's fan may not run all year long, but they may be staggered if there is more than one facility involved. Mary said that what would remain is that marijuana processing and production sites in EFU shall comply with DCC 8.08. Vote: 11 green cards 2 red cards Reconsideration of odor (there was previous consensus) on which the members were silent about existing medical. For lighting, existing medical has a year to comply. Vote: 12 green cards 1 yellow card Proposal: A waiver from adjoining property owners can reduce setbacks. Otherwise, 100 feet from a residence; indoor grows 300 feet from the residence; if outdoor then 1000 feet from a residence. Vote: 3 green cards 2 red cards 8 yellow cards Proposal: One member proposed that the Board look at Jackson County's and Clackamas County's ordinances for issues not addressed by this committee. This proposal was not voted on. Mary thanked all of the members for their participation on the committee. The Board will be conducting a public hearing on May 2 at 10:00 a.m. Writeups are due April 15. 10 Isabella Liu From: Amber Kirk <alkirk@dicksonhatfield.com> Sent: Wednesday, August 07, 2019 12:56 PM To: Isabella Liu Cc: Elizabeth A. Dickson Subject: Property Owner: Gore/Appellant: Adams - File Nos.: 247 -18 -000915 -AD; 247-19-000431-A Attachments: Adams - Rebuttal Submittal 8.7.19.pdf [EXTERNAL EMAIL] izze: Attached is the Appellant's Rebuttal Submittal to be filed in the record today in connection with the above - referenced matter. Please call if you have any questions or concerns. Amber for Elizabeth A. Dickson. Amber L. Kirk, Paralegal Dickson I Hatfield LLP 400 SW Bluff Dr., Ste. 240 1 Bend, OR 97702 P: 541.585.2224 1 F: 541.330.5540 alkii-k( :dici<sonhatfeld coiii CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipients(s) and may contain confidential and privileged information. Any unauthorized review, use, discourse or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Thank you. From: Elizabeth A. Dickson <eadickson@dicksonhatfield.com> Sent: Wednesday, August 7, 2019 12:12 PM To: Amber Kirk <alkirk@dicksonhatfield.com> Subject: Adams Submittal Please email the attached to planner today before 4. Liz Dickson 400 SW Bluff Drive, Suite 240 Bend, OR 97702 O: 541.585.2229 F: 541.330.5540 eadick.son-dcksonhatfeld cam Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, discourse or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Thank you. TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements. Please contact us if you would like to discuss our preparation of an opinion that conforms to these IRS rules. 400 SW Bluff Drive, Suite 240 Bend, OR 97702 August 7, 2019 Deschutes County Community Development Dept. Attn: Izze Liu, Associate Planner 117 NW Lafayette Ave. Bend, OR 97703 Re: Applicant/Property Owner: Nehmzow/Gore Appellant: Adams File Nos.: 247 -18 -000915 -AD, 247-19-000431-A Matter: Appellant's Rebuttal Submittal Dear Commissioners and Planner Liu, Our offices represent Keith and Kristin Adams, together "Appellant" in the above -noted appeal proceeding currently under consideration by this Board. Please consider these comments on their behalf and accept this letter into the Record for your consideration, as you decide whether to approve the Tommy Nehmzow recreational marijuana grow application. Appellant appeared before you at the Public Hearing held on July 24, 2019, as did many of Keith and Kristin's Sundance neighbors. All are opposed to Mr. Nehmzow's proposal. We supplemented that testimony and evidence by Open Record Submittal dated July 31, 2019. Considered together with neighbor comments filed during the application period, Opponents to this proposal have documented that the application before you does not meet its burden to prove that it satisfies all of the applicable criteria by substantial evidence in the Record. Because the Nehmzow application fails, it is properly denied. These are the specific criteria which Applicant has failed to meet: I. Unacknowledged code amendments require satisfaction of additional criteria. but are not met by the application. Deschutes County's current marijuana code was adopted in October of 2018 (Ord. 2018-012). It was effective in November of 2018. It was appealed to LUBA, briefed, and upon review was withdrawn by Deschutes County for further revision. Though it was withdrawn, the new code language remains effective if Deschutes County chooses to apply it, which it has. This results in a portion of the Deschutes County Code being adopted for local application but not acknowledged by the Land Conservation and Development Commission. This means that the County Code provisions are possibly compliant with state law, but also possibly not. ORS 197.625(4) provides for such a contingency. August 7, 2019 File No. 247-19-000431-A Appellant Adams' Rebuttal Submittal Page 2 ORS 197.625(4) Approval of a land use decision... that is subject to an effective but unacknowledged provision ofa... land use regulation must include findings of compliance with land use statutes, statewide land use planning goals and administrative rules of the Land Conservation and Development Commission implementing the statutes orgoals that apply to the decision and that the unacknowledged provision implements. This procedure is highly unusual, but mandatory. Note the "must" language used in the statute. It is up to this Board to decide only which "statutes or goals that apply to the decision and that the unacknowledged provision implements." The applicant provided no substantial analysis of the "statutes or goals that apply." Staff did recognize the criteria issue posed by the statute and made some attempt to fill in the gaps left by the applicant's submittal. Even when questioned directly by the Board in Public Hearing, applicant's counsel dismissed the criteria as already addressed. It is applicant's statutory duty to identify, address, and satisfy these criteria by substantial evidence in the record. Applicant has not met this burden. The application is properly denied. II. The required minimum setback of the Subject Property from neighborinq Youth Activity Center Property is not met. A. Measurement method specified in the New Code In the Public Hearing, the Board asked for a specific analysis of the activities that take place within 1320' of the Gore property. That analysis was compiled and submitted during the Open Record period as Appellant's Exhibit 5, at Page 4. It is preceded by the affidavit of Dee Shultz, President of Sundance Meadows Ranch, who described the activities in detail. However, careful reading of the code language below leads to the alternate conclusion that not only the 1320' radius around the Gore property qualifies for the setback, but rather the entire Sundance Meadows Ranch property. Alternatively, if the Board interprets its code to mean only the 1320' radius applies for the setback, that evidence is provided in detail and with authority. Deschutes County's new marijuana code (Ord. 2018-012) strengthened and clarified setback requirements, incorporating the lessons of two years of reviewing marijuana production applications on appeal. The Board has not needed to interpret the code language's measurement requirement since its passage. It must do so here to decide precisely where the setback line is located in the instant case. In this case, there are many areas that may qualify as a potential "youth activity center". Before analyzing the nature of the activities themselves, the determination of whether the respective areas are within the setback is properly made. DCC 18. 1 16,330(B)(6)(a)(iv) frames the issue. August 7, 2019 File No. 247-19-000431-A Appellant Adams' Rebuttal Submittal Page 3 6. Separation Distances. Minimum separation distances shat/ apply as follows: a. The applicant property line shall be located a minimum of 1, 320 feet from.- iv, rom:iv. A youth activity center, The following code provision (6)(b) clarifies the measurement method, and provides the basis for the larger, alternative setback area interpretation. b. For purposes of DCC 18.116.330(B)(6), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116 (B)(6)(a) to the closest point of the applicant's property line of land occupied by the marijuana producer or mar#uana processor. These provisions appear to be written to be read together. "Lot line of the affected properties listed" = "Closest point of the applicant's property line" = the lot line of the YAC property, or the lot line of Sundance Ranch Meadows. the lot line of the MJ application property, or the lot line of the Gore property. Replacing the general phrases with these specific locations, the measurement language reads as follows: The 1, 320 setback distance shall be measured from the lot line of Sundance Ranch Meadows to the lot line of the Gore property. There is no distance between the lot line of the Sundance Ranch Meadows and the lot line of the Gore property. They are adjoining. This means that if a YAC is found anywhere on the Sundance Ranch Meadows property, the required setback is not met, and the application is properly denied. B. Interpretation of Youth Activity Center or "YAC" The activities documented to have taken place at Sundance Meadows Ranch in just the last three years (since 41h of July, 2016) have been proven as to existence and nature as follows: 1. Described in public testimony as well as by Affidavits of Leslie, Hauser, and Shultz (Exhibits I, J, and 5); 2. Evidenced by submittal of the SMR Website's Page 2 "Things to do at the Ranch and Youth Center" (Exhibit 1, Submitted by Appellant Keith Adams in Public Hearing); and 3. Depicted by map (Exhibit 5, pages 4-9) and photos (Exhibit 1, Submitted by Appellant Keith Adams in Public Hearing)(Exhibits C, F) August 7, 2019 File No. 247-19-000431-A Appellant Adams' Rebuttal Submittal Page 4 These items of evidence provide conclusive proof that Sundance Meadows Ranch has hosted, is hosting, and will continue to host many activities designed for and attended by youths. The Waveseerdecision interpreted there existed a YAC nearby based on: 1. Youth oriented activities 2. Children ages 5-18 3. Approximately 50-70 kids on a weekly basis 4. Regularly held activities Page 5 of the Findings and Decision noted, "the Board finds that the identified 4-H and youth oriented equestrian activities on the neighboring properties rise to the level of a YAC due to their inherent characteristic as being a place where activities center around youth on a regular basis." A comparison of the reasoning in Waveseerto the Nehmzow application is analogous. • The Ranch hosts eight,separate youth -oriented activity areas within 1320' of the Subject Property alone. • Children ages 4-18 regularly participate in various activities, as noted in the Shultz Affidavit, the Leslie Affidavit, and the Hauser Affidavit (Leslie and Hauser were submitted with the appeal). • Various activity sites are often full, as the Shultz Affidavit describes, so reasonably may exceed the 50-70 kids per week of Waveseer. • Ranch activities are regularly held all year long, particularly during summer months when outdoor activities tend to be more popular. Sign-ups for horseback rides and lessons are often full, for example. The Ranch activities go beyond 4-H and equestrian activities. At the Ranch, kids engage daily in equestrian activities, and playground activity in the Park, fishing and boating at the Pond, disc golf, BMX riding, remote control car racing, ATV riding, swimming at the indoor pool, and ball activities in the court area, Schedule special activities include fishing derbies and Boy Scout Jamborees, all within the 1320' separation distance required by the County Code. We ask this Board to review these activities and interpret them to be within the Board's meaning when it uses the term "Youth Activity Center" in the Deschutes County Code. We then ask the Board to find that because these activities are on adjoining property to the Subject Property (or alternatively within 1320'), the setback provisions of DCC 18.116,330(B)(6)(a)(iv) are not met, and the application is properly denied. III. Other Applice0le_Criteria are not satisfied by the instant application. A. Easements on Gore property allow passage and use by Sundance Meadows August 7, 2019 File No. 247-19-000431-A Appellant Adams' Rebuttal Submittal Page 5 Easement reservations appurtenant to the Sundance Meadows properties allow passage on the Gore property (Exhibit 6). Despite applicant's efforts to extinguish them, and despite applicant's omission disclosing them to the County, the facts show that this property is unsuitable for the proposed use because of the open passage allowed on the Gore property. B. Screening and fencing is insufficient to protect public health, safety, and general welfare Applicant, through counsel, has claimed the grow site's "deep ravine" location precludes viewing by others. Photos in the Record (Exhibit F) prove the site is very easily seen from the Sundance pool and Recreation area. At present, only a loosened barbed wire fence separates the proposed grow site from the pool and courts, also shown in the photos. If the instant application is approved, we ask that a condition be placed on the approval requiring a 6 foot high fence all around the subject property that blocks all views and passage, particularly by youths. C. Odor and noise controls are not proven to meet the applicable criteria as required The application before this Board does not meet the enhanced proof standards of the Deschutes County revised marijuana code. Odor control by carbon filtration is admitted by applicant's expert (Exhibit C) to have no method of reliably indicating when the filtration material needs to be changed. Without an alarm or schedule, the odor must escape to know the filtration is not working. Thic methnrl rinac not meet the "at all times" Standard of the Code, Exhibit C also documents an unsatisfactory method of testing for noise control. Applicant's expert admits he did not test the building, a prototype of the building, or the site. He admits a machine wasn't available. The new County code does not allow this thin level of proof. It is insufficient to meet the County's new and improved standards for noise control. In conclusion, Appellants Keith and Kristin Adams ask this Board to find that applicant doesn't satisfy County Code requirements, and deny this application on de novo appeal. Thank you, in advance, for your consideration of these remarks. Very truly yours, Elizabeth A. Dickson eadicksonCa7dicksonhatfield.com 541-585-2229 From: Michael Hughes To: Isabella Liu Cc: Tommy Nehmzow Subject: 247-19-000431-A Date: Wednesday, July 31, 2019 3:19:11 PM Attachments: DRAFT Minutes 22FEB2016.Ddf 2016-04-07 - Marijuana Advisory Committee Minutes pdf [EXTERNAL EMAIL] Ms. Liu: I have attached the following two (2) documents to submit as additional evidence in this matter: 1. February 22, 2016 DRAFT MINUTES from the Marijuana Advisory Committee ("MAC') 2. April 7, 2016 Minutes from MAC Please let me know if the appellant submitted additional documents so that I may respond in the required timeframe. Thank you for you assistance in this matter. Michael R. Hughes Trial Lawyer r. i _____ Minnesota / Nebraskai vreg�ii mrhughesC2mrhugheslaw.com P.O. Box 761.9 Bend, Oregon 97708-7619 541-4-08.9884 www.mrhughesl ww.com Confidentiality Notice: (his email message is covered by the H ctronic Comimmications Privacy Act, f8 USC 2`;1.0-2521, and is legally privileged. Unaufhorized review, use, disclosure or distribution is strictly Prohibited, if you du e not flie intended recipient, cipient, please contact serider at 5411-4108 9884, or by reply en -jail, and destroy and recycle all copies of the original message. Community Development Department Rlarxntnq Division awtdinq Satety Division $nvoonme11131 Soais Divrsran P.O. BOX C005 s 17 NW Lafayette A�,enue Bend, Oregon 97 71,�6-6GO5 Phone: (5411 388-6575 Fang: (5411) ;85-1764 http://,N= ,vtiw,descfiutes,org./ccl DRAFT MINUTES MARIJUANA ADVISORY COMMITTEE DESCHUTES SERVICES CENTER 1300 NW WALL STREET, BEND, OREGON, 97701 FEBRUARY 22, 2016 -- 4:00 P.M. I. CALL TO ORDER Meeting was called to order at 4:00 p.m. by facilitator Mary Orton from The Mary Orton Company. Members present were: Josh Rodriguez, Matt Cyrus, Steve Swisher, Andrew Anderson, Jeff Ingelse, Glenn Kotara, Larry Fulkerson, Hunter Neubauer, Alison Hohengarten, Lindsey Pate, Liz Lotochinski, Sam Davis, Tim Elliott. Staff present were: Nick Lelack, CDD Director; Matt Martin, Associate Planner, II. PUBLIC COMMENTS Winter Frisch said it seems like a lot of the people in the group have read the OLCC and OHA rules, which is very helpful. She feels that the timing of submitting comments does not work with having to wait until a week after the meetings, and perhaps there should be comments after each topic. Regarding retail regulations, she knows you cannot recreate in public but the opportunity for production and consumption on private property has been done with beer and wine in this town for a long time. A lot of people would love to go to a sampling room and get educated on the process. Nunzie Gould said she lives in rural Deschutes County and has submitted comments regarding retail. There are places such as Tumalo where there is a community center, a slow 25 mph main street, a failing intersection at Highway 20, and these need to be considered in Tumalo and other rural areas. Areas on the map shaded green should not necessarily be automatically considered for retail operations. Adequate septic systems for employees need to be considered. The performance and surety bond system that Deschutes County has in its code are used for things such as solar arrays (at the conclusion of use of the facility, it is removed from the site). These are used for destination resorts to provide surety that conditions of approval are met, as well. Marijuana brings OHA regulations, OLCC, DEQ, OWRD regulations, ODOT and County regulations, and if your retail site is contingent on some regulations, it would provide the community assurance that rules are enforced. Quality Sel-vice's Perfin,med with Pride III. DISCUSSION ON MEDICAL. AND RECREATIONAL MARIJUANA REGULATIONS - RETAIL Matt Martin gave a summary of the items in the packet for this meeting. Mary reviewed the data on the matrix: the OLCC rules say that recreational sites have to be at least 1,000 feet from schools; the local standard cannot require more than 1,000 feet from another retail operation. The Planning Commission adopted the 1000 -foot standard for schools and added licensed child care centers, boys' and girls' clubs, and youth centers. OHA requires at least 1,000 feet between dispensaries and there are other standards as well. Matt Martin said OHA has a minimum separation between dispensaries of 1,000 feet; the Planning Commission recommendation was to clarify that and make it 1,000 feet between any and all retail outlets (medical or recreational). Measuring Separation One of the committee members felt that measuring 1,000 feet from lot line to lot line violates the statute, which says from facility to facility. This also coincides with what Jackson County and Clackamas County decided. One member noted that this may be changing in state statutes in a couple of weeks, and perhaps facilities should be located closer to each other rather than spread out. Another member offered that the definition was "property" and not "premises." Matt quoted the OLCC regulations; several members offered that OLCC regulations should be followed or that state regulations be followed. One member suggested that specific foot distances be stated rather than following regulations. Another member felt that OLCC regulations were very specific. Lot line to lot line versus building to building distances were discussed. Susanna Julber from the City of Bend said their regulations specified 1000 feet for recreational retail, and specified property line to property line because they cannot really measure building to building without being on the property. Nick added that Clackamas County used a hybrid — property line of the school to nearest edge of the retail building. A proposal was made to defer to current state regulations for how separation is measured, acknowledging that they may change; if the state makes those regulations less strict, the County will keep their stricter regulations. If the state makes their regulations stricter, the County would have to conform to the stricter standard. Consensus was not reached as there were three red cards. Alison agreed to write up the "no" position for the report to the Board; Tim will write up the "yes" position. A proposal was considered to use the Clackamas County measurement method, from the lot line of a school, etc., to the closest point of the space occupied by a marijuana retailer. Consensus was not reached as there were two red cards. Sam agreed to write up the "no" position for the report to the Board; Steve will write up the "yes" position. A proposal was considered to measure separation from property line to property line to avoid encroachment where children are located. Consensus was not reached as there were four red cards. Lindsey agreed to write up the "no" position for the report to the Board; Liz will write up the "yes" position. A proposal was considered to measure separation in the way that the state regulations or law prescribes, even as it changes. Consensus was not reached as there were four red cards. Tim agreed to write up the "no" position for the report to the Board; Alison will write up the "yes" position. Mary reminded the group they had a limited time in which to do their work; the members spoke about how to make progress and still give everyone time to speak. Separation Distances Nick said the Planning Commission spent significant time on some issues and deliberated for eight hours. They recommended a separation 1,000 feet from public and private schools, licensed child care centers (excluding in-home child care), licensed preschools and parks and licensed youth activity centers, using a 501(c)(3) boys' and girls' club as an example but not as a definition. In addition, they recommended 1,000 feet between all retail outlets. A suggestion was made to add public meeting places such as The Grange in Alfalfa, playgrounds and libraries. Nick mentioned procedures for when the committee recommendations are made to the Board. A concern was raised about defining things like. the river because youth and the public use the river — is this all considered a park? This may be a slippery slope. Schools measured from property line to the premises were discussed. The issue of a new school being built where a retail operation exists was discussed. Nick said that once a use is established, we probably cannot require them to relocate. One member said that schools are already planning locations, especially as the City's urban growth boundary is expanding; but the UGB process will start up again in five years which could change things again. A proposal was considered to require a separation of 1000 feet from public and private elementary and secondary schools, licensed child care centers (excluding in-home child care), licensed pre-schools, national monuments and state parks, and all approved/licensed youth activity centers; and require a separation of 1000 feet between all retail outlets (medical and recreational), and that a change in use (e.g., a new school) shall not cause a violation of this standard. Separation to be measured from the lot line of the school. The proposal was agreed to by consensus. Members voiced their opinions about locations near libraries (not mini -libraries) and the need for educating children about marijuana. The group considered a proposal that no retail marijuana facilities be allowed near public playgrounds, meeting places available for rent such as The Grange, and Deschutes public libraries. Consensus was not reached as there were 8 red cards. Liz will write up the "pro" summary; and Josh will write up the "no" summary, which are due a week from this Friday. Hours of Operation Hours of operation were considered. The Planning Commission proposed 10:00 a.m. to 7:00 p.m. and the OLCC standard is 7:00 a.m. until 10:00 p.m. One member felt that the hours should be 7:00 a.m. until 10:00 p.m. because 7:00 p.m. is fairly early for summer hours. You will push traffic into the cities and are telling these people they have to drive on rural roads at nighttime to go into the cities for their medicine. Other businesses can stay open until 10:00 p.m. The operating hours should be more flexible for the County. It was mentioned that law enforcement said there might be issues with dispensaries staying open late and a shorter time requires less manpower. An argument was made that this then pushes Deschutes County law enforcement concerns over to the Bend police department. Also, people will switch to an illegal route if they can't find a legal one for their medicine. The point was made that rural communities do not have the level of police protection that the cities have, so safety will be compromised if the 7:00 closing time is approved. It was stated that City of Bend went along with state rules (7:00 a.m. until 10:00 p.m.) and has not received any complaints in the five years that dispensaries have been operating. OLCC regulations were also considered for operating hours, and the point was raised that dispensaries in rural areas may find that it's only viable to stay open four or five hours a day. The following proposals were considered for operating hours, and consensus was not reached on any of them. 7:00 a.m. until 10:00 p.m. — 2 red cards(Josh will write up the "pro" position, Liz will write up the "no" position) 10:00 a.m. until 5:00 p.m. — 9 red cards. No one volunteered to write this up for the report. March 1 through October 31, 7 a.m. to 10 p.m. and November 1 to the end of February, 9 a.m. to 7 p.m. — 2 red cards. No one volunteered to write this up for the report. 10:00 a.m. until 7:00 p.m. — 1 red card. No one volunteered to write this up for the report. 9:00 a.m. until 9:00 p.m. — 2 red cards. No one volunteered to write this up for the report. There was further discussion about operating hours and various options. A proposal was considered to use the Planning Commission recommendations (10:00 a.m. until 7:00 p.m.) except in the Spring River area due to the level of tourism there, where OLCC regulations would be followed (7:00 a.m. until 10:00 p.m.). Consensus was not reached due to one red card. Fanla Crest was hrounht un as another area with a lot of tourism and traffic. but it was decided that dispensaries would probably not be allowed there due to the destination resort overlay. Staff will look further into Eagle Crest. Window Service A proposal was considered to allow no window service at retail outlets, and consensus was reached. Minors OLCC regulations prohibit anyone younger than 21 on the premises of a recreational marijuana retail outlet. OHA allows patients as young as 18 to enter a dispensary and purchase the product. It was stated that there is pending legislation on moving to one regulatory body instead of two. It was also stated that minors with medical marijuana cards do not have to be accompanied by an adult to purchase product. Mary reminded the group they could propose different regulations for recreational and medical. A proposal was considered to adopt the Planning Commission recommendation: "No minors allowed, unless accompanying a parent or guardian as allowed by state law." Consensus was not reached as there was 1 red card. The group considered a proposal to adopt the current state regulations of a minimum age of 18 years for medical marijuana and 21 years for recreational marijuana. Consensus was reached with all green cards. Co -Location The Planning Commission proposal of no consumption or smoking clubs on site with sales was considered and consensus was reached. Odor Odor was discussed. The City of Bend did not have any specific odor requirements because they cannot objectively measure them. Coffee roasting and hops from beer production also bother some. Clackamas County requires an active carbon filtration system, with specific cubic foot recommendations. One member suggested that if the retail facility is located in the county, people going into the store would not be bothered by odors. Another member disagreed and felt that there could be impacts on neighbors. A doctor's office would have patients who could be affected, etc. A suggestion was made that this be subject to conditional use approval. Another suggestion was made that this be complaint driven. One member said Denver's ordinance requires that an odor must be detected at a certain distance from the premises, it has to unreasonably interfere with someone else's enjoyment of their property, and the department "has to receive five or more complaints,". Nick said that if we go the conditional use path, some standard should be noted that can be enforced. Permitted uses and conditional uses were discussed. Nick explained conditional use code — these standards could be the baseline and the County could be more restrictive during the conditional use process. An proposal was consider to say that it shall be unlawful for any person to cause an emission of a detectable odor that unreasonably interferes with the use and enjoyment of neighboring premises, with reasonable being judged as someone with normal sensibilities. It was suggested that this might be something that opens up huge issues for arguments between neighbors One dispensary owner said he had never received any complaints about odors, nor had another dispensaries as far as he knows. Susanna Julber from the City of Bend said she would find out if Bend has gotten complaints and get back to the group. One member mentioned the strong smell of hops through the City of Bend at any time due to all of the brewery operations. Another member felt that due to the lack of staff for County code enforcement, and the emphasis on complaints 'affecting health life and safety, complaints of this nature would never be investigated. It should be written in the code and specifically stated that there be odor control. It is a cost of doing business. One member questioned why the Planning Commission did not address this in its recommendations; Steven noted that with their limited time, dispensaries were considered less of an issue than grow/processing operations. The proposal did not reach consensus due to two red cards. No write-ups by members will be provided. A carbon filter for odor control (engineered fan) was discussed. Building Official Randy Scheid spoke about building codes and said you cannot create a local ordinance that is more restrictive than the code — right now we have no odor control code in the County. The . Clackamas regulations were never vetted through the state. Anything we do must be approved by the state. A proposal was made to adopt the Jackson County regulations, plus the requirement that filters be changed according to manufacturers' minimum standards, and requesting the BOCC to ensure the CFM of the fan be appropriate to the building. The proposal did not reach consensus due to five red cards. Liz will write up the "yes" side; Lindsey will write up the "no" side. Another suggestion was that if a reasonable person with normal senses could smell odors outside, a carbon filter could be used. If you are on a large parcel, the odors would not be a problem. Nick mentioned that we are trying to be very precise, but the conditional use process will address sites on a case-by-case basis. There may be public hearings and competing experts on both sides, and a hearings officer would balance the evidence and make a decision, which is appealable to the BOCC. One member asked if a complaint were filed and it goes at the bottom of a pile of 400 other complaints, what happens? Nick said it depends on what is written in the code, and it could very well be that we have to wait until they reach it in the queue. There is an option of a private right of action where a citizen goes to the County Legal Counsel for enforcement, which is more expensive. Zones Zones were discussed. It was noted that the Planning Commission allowed retail via conditional use. Change of use was questioned — Matt Martin said the BOCC said that conversion to recreational from medical is considered a change of use, and a proposal can be made for a conditional use permit. A proposal was offered that for both recreational and medical marijuana, retail would be allowed in permitted zones under conditional use. Consensus was reached. H Community Development Department Planning Division Building Safety Division Environmental Soils Division �s r P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-60fl5 ye - Phone: (543) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd MINUTES MARIJUANA ADVISORY COMMITTEE DESCHUTES SERVICES CENTER 1300 NW WALL STREET, BEND, OREGON, 97701 MEETING #7: APRIL 7,2016-4:00 P.M. 1. CALL TO ORDER The meeting was called to order at 4:00 p.m. by facilitator Mary Orton from The Mary Orton Company. Members present were: Josh Rodriguez, Matt Cyrus, Steve Swisher, Andrew Anderson, Jeff Ingelse, Glenn Kotara, Larry Fulkerson, Hunter Neubauer, Alison Hohengarten, Lindsey Pate, Liz Lotochinski, Sam Davis, Tim Elliott. Staff present were: Nick Lelack, CDD Director and Matt Martin, Associate Planner. 11. INTRODUCTIONS AND OPENING REMARKS Mary summarized the committee's progress to date and outlined goals for this evening's discussion. III. PUBLIC COMMENTS Jim Petsche spoke about the greenhouse near his property and submitted photos. Toni Oliver of Redmond testified that she lives on a small farm. She is concerned about setbacks and noise from fans, which animals don't like. Jan Dorgan of Redmond asked about the ratio of industry representatives on the committee. She also suggested a screening process for workers on farms and is concerned about hiring of convicted felons. She questioned why taxpayers are subsidizing the industry — there are more taxes on properties, more emergency room visits, responsibilities when we are sued by surrounding counties that have opted out. Why is this panel also not considering electrical uses? Jon Olsen from Tumalo spoke about setbacks and greenhouses. To have the County put automatic restrictions in place puts the County at risk. Perhaps we need a waiver between neighbors who have agreed to work together. Right now there are no restrictions on unsightly international shipping containers and they can be stacked up for screening. If EFU Quality Set -vices Perftwi ted ivith Pride property holders are farming marijuana with a mortgage, they are in violation and will lose their properties. Ron Radebaugh said he has owned property in Tumalo for 20 years. The industry is here, and attempts to make it go away by using slang terms such as "marijuana" and "pot," will not work. Many support this industry because it gives them better lives. Canada and the rest of the U.S. are watching what goes on in Bend. He started taking CBD (hemp) for arthritis and back pain and it works. He sells lights to people in the marijuana industry, who informed him about this committee. Dan Harrison said he lives in Tumalo and is a veterinarian who provides services for farms and ranchers. These are friendly neighbors; they are kind and will help you out in the rural areas. Many people have chosen that as a lifestyle — they like quiet nights. He urges the Board to protect this environment and get ahead of the curve. There is no setback that wouldn't infringe on the fabric of their lifestyle. Lori Sullivan testified that she is a rural resident and has been present for each meeting of the committee. She works in the horticultural industry and began doing patient advocacy in 1996. Her daughter has special needs and has benefitted from cannabis. She had a previous career in solar energy. Larger parcel sizes and increased setbacks only attract out- of-state businesses that can afford the properties. She spoke about lighting requirements as discussed during previous committee meetings. She would like to have the committee reconsider outdoor grows. Jeff Glasburg talked about the committee's attempt to develop reasonable regulations. He showed Jim Petsche's map and asked who would buy the property if the grow is next door. The value would plummet. He asked the committee to be sensitive and talk about what is reasonable for mitigating impacts. Justin Gottlieb said that Jackson County filed a LUBA lawsuit today which has direct impact on these proceedings. IV. FINAL APPROVAL OF CONSENSUS ITEMS Mary suggested that the members set aside production and processing for now, because they are incomplete, and focus on retail and wholesale. Affirmation of consensus items for retail and wholesale. All green cards indicated consensus. V. DISCUSSION AND CONSENSUS BUILDING ON MEDICAL AND RECREATIONAL MARIJUANA REGULATIONS: PRODUCTION AND PROCESSING IN EFU Matt gave an overview of Deschutes County Code and said processing of a farm crop in EFU is permitted outright as a result of state law. Two primary components are important — one quarter of the crop being processed has to come from the same farm; and the size of the processing facility cannot exceed 10,000 square feet. There needs to be a specific relationship between the subject property and the farm operation. One member asked about two types of processing for marijuana — with and without extracts, one of which is much more dangerous. Can we permit non -extract processing and exclude extract processing in EFU? Matt said yes, and limits can also be established such as allowing certain processing only on properties within a fire district. A proposal was made to allow no extract processing on EFU parcels. If this is found to not be legal, then a recommendation was made to allow processing of extracts only on 80 acres or above to minimize potential fire damage. A suggestion was added for 500 -foot setbacks. a. Lot size for processing, including extracts: One member offered an alternate proposal for farming and processing to be outright permitted uses on EFU, with no additional restrictions. Another member related that ORS says if the facility is located on a farm operation providing at least one quarter of the crops for processing, and a building is provided for processing, the processing area may not exceed 10,000 square feet. It must comply with all applicable standards but state statutes specifically preclude the County from imposing reasonable regulations. Nick discussed the language and whether reasonable regulations may be adopted. Another member wanted to clarify that processing -related words like "explosion," may sound a little bit aggressive. She stressed that processing is described and clarified based on public safety standards. There are policies and procedures in place to regulate the business. Another member felt that 10,000 square feet was a lot of space and more than is usually needed. He proposed ten - acre minimums for processing extracts, 100 -foot setbacks from property lines; 300 for residences. He also discussed closed-loop systems used on the black market which are not engineered and approved by the Fire Marshall and do not cost $10-$20,000 as a good system does. We should not force legal processors with high quality machines out of processing — this will drive more black-market operators into the area. The good machines contain 99% of the gas, and there are large differences between machines. We could see morn nvnlrncionc if i incafP mnnhines come into the area. A member confirmed that they had gotten consensus on noise, lighting and odor. Mary said County staff had indicated we could not completely disallow processing in EFU because state law allows it. We are talking about extract processing only. Another member felt no additional restrictions are necessary because licensed processors will have to meet the OLCC requirements. Additional restrictions will only encourage non -licensed operations to do this. She is more concerned about fires from neighbors' burn piles. To get a license through OLCC or OHA, there are rigorous rules that have to be followed. It is a highly regulated industry. Another member said a good way to compare processes is to look at Bendistillery which is on EFU and uses a high-pressure, flammable process and has to follow safety procedures. That is what OLCC will do for marijuana processing. Local fire departments will have to sign off on all building requirements. This is a real business and if we don't regulate it, we will find our community in a much worse situation than we are in now. Also, processing is not practical outdoors. Matt added that processing has to take place in a fully enclosed room. Another member said that probably the most dangerous processing is grain processing, which is very explosive. A member said that in Colorado all marijuana facilities have to be in industrial -zoned areas, not EFU. There is concern about quantity, inspection and risk. Another member felt that if setbacks are included, they should be zero on the property line but there should be a setback for a house not on the property. If there aren't a lot of houses near the property, more jobs can be created. 3 A proposal was modified for a 200 -foot setback from any house not on the property. Another member expressed concern about not having setbacks. Matt said there is already a minimum setback of 25 feet for all buildings; dwellings have a 100 -foot setback. One proposal was modified for setbacks of 300 feet from a residence not on the property and the County minimum of 25 feet from the property line otherwise. A proposal was made to double the requirements of the County Code for setbacks and 300 feet from a residence not on the property. One member suggested using the Planning Commission recommendations which were 200 - foot setbacks from any property line; additionally no processing within 300 feet of an adjoining structure (residence not on the same property). Another member wanted to add language stating that closed-loop engineered systems as required by the OLCC be mandatory. The possibility of the OLCC and OHA codes changing was considered. Proposal A: No extract processing on EFU; or if it is illegal to prohibit it, only on 80 - acres minimum with 500 -foot setbacks. Vote: 2 green cards 10 red cards 1 yellow card Liz ..:II .rite . p 'Lille "pro," pro a and Lind eev mill %Atri+= I in tho °/VIYI ie LIL V1lll1 write U�./ U IG NI V, aI IV u� iVocp rrurrnom. up. ..+ ...+. .. Proposal B: No additional restrictions on processing of extracts other than current Code/OLCC minimums - closed-loop system required; 25 -foot setback from the lot line; 300 -foot setback from any residence not on the property. Discussion: A member asked if the committee can make restrictions that are stricter than OLCC and whether they would stand up in court. Nick said the committee can make them, but we don't know how they will stand up. Another member said there are only 60-80 applications pending right now with the state. One member felt that the number of licenses submitted to date really has no bearing on those that may be submitted in the future. Vote: 4 greens 5 red cards 4 yellow cards Josh will write up the "pro," Sam will write up the "con. Proposal C: Minimum parcel size for processing extracts of 10 acres; 100 -foot setback from lot line, 300 feet from a residence not on the profperty; closed-loop sytems. Vote: 4 green cards 6 red cards 3 yellow cards No write-ups. Proposal D: Setbacks of double the County Code requirement plus 300 feet from a residential property. Vote: 6 green cards 4 red cards 3 yellow cards Lindsey will write up the "pro," Sam will write up the "con." Proposal E: 200 -foot setback from the lot line; 300 feet from a residence not on the same property. Vote: 3 green cards 7 red cards 3 ye!!o::� cards Proposal F: No processing within 300 feet of a property line for an existing or applied for/permitted primary residence not on the property. A member was concerned about de -valuing properties next door (for a residence). Another member reminded everyone that property values and economics were not part of the discussion. Vote: 11 green cards 2 red cards Hunter will write up the "pro," Sam will write up the "con." Matt clarified that the above discussions and votes were for processing extracts. b. Separation (production and processing) One member suggested using the retail consensus plus churches, public playgrounds, libraries and separation between licensed facilities as the City of Bend does. If you have an unlimited number of OLCC licenses, there could be a clustering in one area which should be avoided. She recommends a three-mile separation. Another member asked whether the idea was to put them all out in the middle of nowhere as was previously suggested; the member recommending a three-mile separation asked if all of the growers present would 61 agree to that right now. Another member asked for clarity on Bend's separation requirements. It was stated that this was only for retail (recreational or medical); processing can occur right next to a school or park. A member said it was an interesting idea to group everything "in the middle of nowhere," which was referred to by a previous governor as "everything east of the Cascades." The language used by the Planning Commission was considered and a proposal made to use that, without the 501(c)(3) language (retail consensus). Proposal A: No separation at all. Vote: 6 green cards 6 red cards 1 yellow card Proposal B: Retail consensus, addition in protecting areas. Vote: 1 green 10 red cards 2 yellow cards Liz will write up the "pro." No one volunteered to write up the "con." Proposal C: Retail consensus (separation of 1000 feet from public and private elementary stili^vols, st ate per4e, natinnni mnniimpntcIICenSP_d vnuth and activitV centers, licensed day care centers). No separation between processing and production sites. Vote: 8 green cards 5 yellow cards Mary asked if existing licensed medical facilities should be addressed differently. A member suggested that if there is a pre-existing facility there be a grandfather clause. Nick said we could impose noise, odor and lighting considerations within a reasonable time period but not setbacks. Matt said we use the term "lawfully established," rather than "licensed." If someone has an existing grow that is within the parameters of the medical marijuana program, the County would consider it lawfully established. A member asked if there was consensus on measurements; Mary said it was from the buildings. Proposal D: Existing medical marijuana processing and production sites that are lawfully established shall be exempted from this standard; if they apply for a new license, the separation rules apply. Vote: 12 green cards 1 yellow cards 0 Measurement regulations were discussed, and a proposal was made for 1000 feet from the lot line of the school to the actual premises, whether inside or outside/grow site. c. Setbacks Proposal A: For new production/processing, County minimum setbacks for any existing building; 300 feet setback from an existing residence not the same property. Lot sizes were considered and limiting parcel sizes via setbacks, some of which was discussed during the last meeting. Vote: 5 green cards 7 red cards 1 yellow card Josh will write up the "pro," Liz will write up the "con." Proposal B: 200 feet from a lot line and 300 feet from the lot line to an existing dwelling, not measured from the area used for production. On member felt that the committee has worked a lot on odor, noise and lighting and would propose 100 feet from the property line, 300 feet from a permitted residence. Jackson County also dropped its setback to 75 feet; 200 feet was considered unreasonable by some committee members. Another member proposed a 200 -foot setback from a lot line; 300 feet for indoor grows; 1000 -foot setback from an outdoor grow to an existing building. A member said that from the agriculture side we may be going about this backwards. This is an EFU zone where residences are not supposed to be there — the homes should have to be set back from the property line in order to protect the farms producing agricultural products next door. Another member said that, regarding people who bought into EFU land and should not complain, the same theory could apply to new recreational marijuana businesses which could move to less - restrictive areas than Deschutes County if it ends up that way. A comment was offered by one member that she lives on a uniquely -shaped property and this would actually work against her neighbors. What are all of the implications of a 200 -foot setback? She saw wording in the language regarding wineries on EFU applying for variances. She should like to see language that encourages variances. She would like to see 100 feet for the setback and 300 feet from a residence, adding language that encourages variances (if the applicant fits one of the four criteria on the variance application). Vote: 5 green cards 8 red cards No write-ups. Proposal C: 100 feet from the lot line; 300 feet from a residence. Vote: 5 green cards 2 red cards 6 yellow cards Lindsey will write up the "pro," Liz will write up the con." Proposal D: Indoor grows - 200 feet from the lot line, 300 feet from a residence; outdoor grows 1000 feet from a residence not on the property, either existing or applied for; 200 feet from a lot line. It was proposed to add language to each proposal regarding neighbors agreeing to lesser setbacks and signing a written statement. Mary said this could not be added to others' proposals but a separate proposal could be made. Renters versus owners were considered. Nick said that many setbacks are allowable for variances. It is in the winery section because we took it from statute. We do have neighbors' signoffs for solar variance and surface mining impact areas. Vote: 5 green cards 8 red cards Sam will write up the "pro," Lindsey will write up the "con." Proposal E: Include language to the effect of "unless a variance is granted." Vote: 11 green cards 2 red cards Allison will write up the "pro." Proposal F: Include language allowing neighbors to agree to lesser or no setbacks. Vote: 9 green cards 2 red cards 2 yellow cards Proposal G: Existing lawfully permitted buildings in place as of the date of the Board's decision are exempt from the lot line requirement. The members considered promoting use of existing agricultural structures and improving them as needed for processing. 7 green cards 5 red cards 1 yellow card Dates were discussed for compliance with odor and lighting requirements (#33) — applied to existing sites after one year. One member wanted to reconsider the date requirement and the original proposal was reviewed. Mary asked if there were other consensus items that the members wanted to revisit. A member asked for clarification about mitigation technologies and that they should be appropriate — noise, odor and light — and meeting one year of time for compliance. Mary said that noise compliance was not given a year. For lighting, existing sites would have a year to comply. The committee was silent on odor compliance timelines. An email from Matt to members summarized a decision that marijuana processing/production sites in EFU shall comply with noise control standards of DCC 8.08; one member objected to "noise from mechanical equipment used shall not produce sound measured at any lot line of the subject property line in excess of 50 dBA." There was disagreement also as to whether this applies to existing sites. One member read from County Code standards regarding noise control and felt that the previous meeting's decision weakens the Code language. She would like the County Code to apply 24/7, however, rather than 10 a.m. to 7 p.m. Members could not agree on whether the second sentence reduces or strengthens and requirement. Another member asked if the County receives complaints when tractors and bailers are running. Nick said that the County does not enforce noise ordinances. Another member clarified that right now he could run a tractor next to a house all night long; a distinction was made that fans are a permanent nuisance rather than a tractor which would go away. One grower felt that fans from greenhouses are extremely quiet. Mary reminded members that in 8.08 the noise cannot disturb a neighbor from 30 feet away per County Code. One member asked which of the two standards would be enforced by a hearings officer versus the sheriff — the existing ordinance applies to all EFU, and we are talking about only applying something to marijuana grows. r,. , ..,,,..,�,,. ..r.mmon+crJ 4hnf cinnla nrnwar'c fan may not run all vear Iona. but thev maV One member 1. ol11111ented uwa ... cinnia y..,..... - .-... ...-� not run all � a - a. , be staggered if there is more than one facility involved. Mary said that what would remain is that marijuana processing and production sites in EFU shall comply with DCC 8.08. Vote: 11 green cards 2 red cards Reconsideration of odor (there was previous consensus) on which the members were silent about existing medical. For lighting, existing medical has a year to comply. Vote: 12 green cards 1 yellow card Proposal: A waiver from adjoining property owners can reduce setbacks. Otherwise, 100 feet from a residence; indoor grows 300 feet from the residence; if outdoor then 1000 feet from a residence. Vote: 3 green cards 2 red cards 8 yellow cards Proposal: One member proposed that the Board look at Jackson County's and Clackamas County's ordinances for issues not addressed by this committee. This proposal was not voted on. Mary thanked all of the members for their participation on the committee. The Board will be conducting a public hearing on May 2 at 10:00 a.m. Writeups are due April 15. 10 400 SW Bluff Drive, Suite 240 _ ' A a I ; Bend, OR 97702 JILL 3 ? 2019 Deschikves County CDD July 31, 2019 Izze Liu, Associate Planner Deschutes County Community Development 114 NW Lafayette Ave. Bend, OR 97703 Board of County Commissioners 1300 NW Wall St. Bend, OR 97703 RE: Appellant Open Record Comments on Appeal 247-19-000431-A; Appeal of Administrative Determination 247 -18 -000915 -AD for a Marijuana Production Facility at 60148 Stirling Drive, Bend, Oregon; Applicant Tommy Nehmzow,1044 SE Leonel Lane, Bend, Oregon, 97702; Property Owners Gary and Lori Gore, P.O. Box 2304, Harker Heights, TX, 76548 Dear Planner Liu and County Commissioners, Our offices represent Keith and Kristin Adams, together "Appellant" in the above-mentioned appeal proceeding currently before the Board. Please consider these comments on their behalf and accept this letter and attachments into the Record for the matter. The Public Hearing held on July 24, 2019 revealed additional information that may be helpful to the Board in deciding whether Mr. Nehmzow ("Applicant") should be granted approval to build a marijuana production facility on his mother's and stepfather's property, purchased just weeks before the application was filed. This filing is made to provide that added information, supplementing the Appeal Narrative and submittals made in the Public Hearing. 1. Surrounding Uses not accurately described. The subject property is a horseshoe shaped parcel surrounded on all sides by Sundance Meadows; Sundance Meadows Subdivision to the west and south, and Sundance Meadows Ranch to the east and north. As we noted in oral argument, the surrounding uses are not as described in the application on p. 2 of the Burden of Proof. There, Applicant claimed that the property was "surrounded by EFLI to the east and rural residential property to the west." He described it as "farm dwellings and pastures." The reality of the surrounding uses is starkly different. 400 SW Bluff Drive, Suite 240 Bend, OR 97702 2. The Ranch contains eight separate Youth -Oriented Activity areas, gualifying as a Youth Activity Center. The Public Hearing testimony established clearly and without refutation that the Subject Property adjoins Sundance Meadows Subdivision and Sundance Meadows Ranch. DCC 18.16.330(b)(6)(a)(iv) requires that the applicant property shall be located a minimum of 1,320 feet from a youth activity center, measuring distances from the lot line of the affected properties. As requested by Chair Henderson, we researched the following: Map prepared by a title company which shows the radius of the area 1,320 feet from the property line of the Subject Property. Identify youth -oriented activity areas of Sundance Meadows Ranch which could be defined as Youth Activity Center(s). Describe specific uses and frequency of the areas to aid in determination of whether such areas constitute "Youth Activity Center(s)" as interpreted by the Board. Please find attached Exhibit 5 (continuing numbering from the Public Hearing submittals in the Record). it contains an Affidavit sworn by Delores "Dee" Schultz, President of the Board of Directors of Sundance Meadows Ranch and an annual summer resident at the Ranch. She describes the following activity areas used by children within 1320' of the Subject Property: a. Horse Barn & Riding Corral b. Children's Park c. Fishing Pond & Gazebo & Picnic Area (1/3 of the Pond within the measured radius) d. Disc Golf Course e. BMX Bicycle Track f. Remote Control Car Track g. Pool & Court Recreation Area h. ATV and Horseback Riding Area (Trails) Also included as an attachment to her Affidavit is the prepared Map itself, with the eight activity locations noted on the map. Following the Map are Google aerial photos showing the eight areas in various enlargements. These submittals describe and show locations of the activity locations. Appellant Keith Adams stated in his Public Hearing testimony on July 24, 2019 that "All of Sundance Meadows Ranch is a youth activity center." This may have been an exageration to prove his point, where it's unlikely that the entire 900 acre Ranch qualifies. In reality, a significant portion of the Ranch is dedicated to youth activities, as Exhibit 5 proves. This Board has considered the definition of "Youth Activity Center" in previous decisions, interpreting the facts of each case based on the intent of the legislative language the Board approved as law. The Board's decision in Waveseer is scheduled for LUBA hearing on August 27, 2019 (Winsor v. Deschutes 400 SW Bluff Drive, Suite 240 Bend, OR 97702 County), so we have no review by a higher court to date of whether the Board's interpretation of its own code is acceptable to LUBA. Waveseer is good law and is reasonably expected to be affirmed by LUBA on review, considering the high level of deference LUBA is required to give to local interpretations of local law. Waveseer applied the law to the facts of the case and found particularly persuasive the following factors: 1. Youth oriented activities 2. Children ages 5-18 3. Approximately 50-70 kids on a weekly basis 4. Regularly held activities Page 5 of the Findings and Decision noted, "the Board finds that the identified 4-H and youth oriented equestrian activities on the neighboring properties rise to the level of a YAC due to their inherent characteristic as being a place where activities center around youth on a regular basis." A comparison of the reasoning in Waveseer to the Nehmzow application draws many parallels. • The Ranch hosts eight separate youth -oriented activity areas within 1320' of the Subject Property • Children ages 4-18 regularly participate in various activities, as noted in the Schultz Affidavit, the Leslie Affidavit, and the Hauser Affidavit (Leslie and Hauser were submitted with he- appea11). • Various activity sites are often full, as the Schultz Affidavit describes, so reasonably may exceed the 50-70 kids per week of Waveseer. • Ranch activities are regularly held all year long, particularly during summer months when outdoor activities tend to be more popular. Sign ups for horseback rides and lessons are often full, for example. The Ranch activities go beyond 4-H and equestrian activities. At the Ranch, kids engage daily in equestrian activities, and playground activity in the Park, fishing and boating at the Pond, disc golf, BMX riding, remote control car racing, ATV riding, swimming at the indoor pool, and ball activities in the court area. Schedule special activities include fishing derbies and Boy Scout Jamborees, all within the 1320' separation distance required by the County Code. It has been determined that the Ranch is within the 1320' separation distance. If this Board finds that these activity areas are "Youth Activity Center(s)" then this application is properly denied. 3. Easement reservations require adjoining property access. Commissioner DeBone requested additional easement information in the July 24, 2019 Public Hearing. Norm Sundholm, Board Member of the Sundance Meadows Ranch Corporation, noted that at least one easement benefitting the surrounding properties encumbers the Subject Property owned by the Gores. 400 SW Bluff Drive, Suite 240 Bend, OR 97702 He described Applicant's efforts to negotiate vacation of the easement, and their failure to grant its removal. The plats dedicating Sundance Meadows Ranch and Subdivision are from the early 1970's. The Sundance Meadows Subdivision has researched the existence and location of these easements as recently as November, 2017. Attached please find Exhibit 6, including the handout provided to homeowners in a Sundance East Neighborhood Meeting, dated November 8, 2017. Page 3 in that packet shows the designed network of 30' wide Equestrian and Pedestrian Easements, straddling property lines with 1S' on each side. The depiction notes, the lots along Stirling Drive, such as the lots belonging to Appellants and Mark Bilton-Smith were both benefitted and burdened by the easements along their eastern property lines, which are adjoining the Subject Property. Also included in Exhibit 6, pages 4-6, are copies of the original plat. Note that as was customary at the time, there are no notes describing the easements, but on page 6 we've highlighted the 30' centerline easements for Equestrian and Pedestrian passage. This easement pattern means that all owners and guests and invitees of the Subdivision are legally entitled to travel along these easements with the Subject Property. Applicant's ability to secure and preclude access on the Subject Property is limited by these easements. He is legally not within his rights to do so. 4. Screening and Fencing are insufficient to block view of proposed grow operation. Applicant's counsel, Attorney Hughes, asserted in the July 24, 2019 Public Hearing that because the proposed grow operation would be located in a deep ravine, no one would be able to see it. He is perhaps correct that it likely would not be seen from Stirling Drive or the homes located along the street, but is incorrect when the site is viewed from the Ranch Pool and Court Area. See Appeal photos Exhibit F, submitted by Appellant's counsel on May 28, 2019. Standing on the Ranch property, photos of the proposed site were easily taken. The existing fence, comprised of loose fence posts and also loose barbed wire, widely spaced, would not stop a child from entering the proposed marijuana production facility area by way of the pool and court area. The application, as submitted, lacks required security to assure public health and safety. S. Odor and Noise controls are not compliant with DCC 18.116.330(B)(10), (11). The application, as presented, does not provide required assurances that odor and noise will be controlled to meet requires standards. Odor control by carbon filtration is admittedly difficult to use reliably, as noted by the engineer's report (Exhibit C) at page 7. Without an indicator light, an operator cannot know when carbon is saturated and no longer controls odor. Only escape of odor can indicate when a filter needs changing. This does not meet the "at all times" standard of the Code. Noise is not tested reliably, as required by the County Code. Exhibit C notes on Page 9 that there was no on site testing done, no building test done, no testing of these specific machines. The engineer went on 400 SW Bluff Drive, Suite 240 Bend, OR 97702 to rely upon a "virtual noise model" to provide numeric findings on pages 10-15, without grounds or reliable methodology. This offer of proof is insufficient to meet the County's new and improved standards for noise control. Appellants Keith and Kristin Adams ask this Board to find the application does not satisfy relevant standards, and deny approval of the application as presented. Your consideration is appreciated. Sincerely, Elizabeth A. Dickson EAD/hoh Cc: Client Exhibit 5 — Youth -oriented activity areas in Sundance Meadows Ranch Exhibit 6 — Easements in and around Sundance Meadows Subdivision affecting Subject Property STATE OF OREGON ) ) ss. AFFIDAVIT OF DELORES "DEE" SHULTZ COUNTY OF DESCHUTES ) I, Dee Shultz, being first duly sworn, hereby depose and state as follows: I am President of the Board of Directors of Sundance Meadows Ranch, Inc. 2. I reside at Sundance Meadows Ranch, 60335 Arnold Market Road, Bend, Oregon, 97702 during the summer season each year. I am familiar with the operations and facilities at Sundance Meadows Ranch. 4. Our activity offerings include eight separate activities primarily for children and families in the 1320' surrounding the Gore property that is the subject of a marijuana production application currently before the County Commissioners on appeal. 5. Attached is a map of the area showing the 1320' around the Gore property which correctly locates these eight children and family activity areas, incorporated by this reference. It depicts the following areas within the 1320' radius: a. Horse Barn & Riding, Corral Ranch Manger Kevin Nachand supervises operations of the facilities. Wrangler Maddie Mahoney, 17 years old and a 4H participant, is employed full time March - October (weather permitting). She works Thursday -Monday tram -Spm. Her assistant and fii-iii is MacKenzie Klecker, 16 years old. Parents must accompany children to the barn and give permission for children to ride, but parents generally do not accompany children on the ride. Both Sundance Meadows Ranch and owners' horses are kept in the barn and corral. Lessons are available for horse care, feeding, and riding. Guided rides are scheduled by sign up sheet and use the trails noted on the attached map. We scheduled over 350 rides in 2018. Lessons are also available in the corral area. This is a very popular activity on the ranch and kids congregate at the barn. Sign ups are usually full on holiday weekends. b. Children's Park This unsupervised area features swings, a wooden play structure, a horse carousel, and tetherball. The ball is supplied by the ranch, kept at the lodge. It is used very actively all summer long. This morning, children were playing in the park at 7:30. c. Fishing Pond & Gazebo & Picnic Area (1/3 of pond inside 1320' radius) The pond is kept stocked with trout, large and small mouth bass, and sunfish. At our June 15 fishing derby, approximately 40 kids participated. We host approximately 4 derbies per year, all of which feature youth derby events. Kids also fish along the bank or use 1 — Affidavit of Dolores "Dee" Shultz Exhibit the paddle boat or kayaks available through the lodge for checkout. Members also bring their own floatation devices. The gazebo is used by parents watching children in and around the pond, and is also used by children to play house, dolls, and other games benefitting from a floored area.. The picnic area and fire pit are also very popular at this location. This is one of only 2 fire pits allowed to be used on the ranch during summer fire season. Families roast hot dogs and marshmallows here, mostly in the evenings. They use the picnic tables for family meals as well. d. Disc Golf Course This course is used daily by families and children. Supplies are provided by the ranch, with nets fixed in position and discs available for checkout at the lodge. e. BMX Bicycle Track The track is used heavily by kids ages 4-18, using their own bikes. They are generally unsupervised. f. Remote Control Car Track Remote control cars are very popular with kids and adults of all ages, with daily use in summer and when weather allows, particularly holidays and weekends. g. Pool and Court Recreation Area The ranch pool is a public pool and complies with Deschutes C ounty regulations. It does not have a lifeguard on duty and is posted. Beth Leslie is the pool host. (See her affidavit signed in May, 2019, and submitted to the record.) The pool has traditionally featured roll -up garage doors on the court side of the building so that parents could enjoy picnic tables or court games outside while keeping an eye on their children in the pool. These doors are planned for replacement, and are currently out of service. The entrance is coded and so is controlled. Adults must accompany their children while swimming. The court area is currently in need of repair. A grant is being applied for to resurface both courts. The ranch supplies volleyball net and supplies, tennis racquets and balls, badminton birdies and racquets, basketballs, footballs, soccer balls, and pickleball.s. They are kept at the lodge and checked out. Both of these areas are heavily used. The pool usually closes after Labor Day, depending on weather. This area is also used for winter sports, with the hill to the north and east of the pool building being some of the best sledding around. 2 — Affidavit of Dolores "Dee" Shultz Exhibit m19 -_ h. ATV and Horseback Riding Area (Trails) The dotted line on the map shows the ATV and horseback riding trails commonly used at the ranch. The arrows to the east lead to undeveloped ranch land and BLM land, both very popular with kids. 6. I make this Affidavit in support of the appeal of the marijuana grow approved on the Gore property. I do not believe that the family and youth activities at the ranch are compatible with a marijuana grow located so close to the ranch property. DATED this 31St day of July, 201.9 Delores "Dee" Shultz SUBSCRIBED AND SWORN to before me this 31St day of July, 2019 OFFICIAL STAMP P.�;Qg CANDY L V UUIIMNOTARY PUBLIC -OREGON COMMISSION NO.974870 Notar POreon �. MY COMMISSM F,MAIM "Ay 170-- 3 — Affidavit of Dolores "Dee" Shultz F,xhibit ••- Nehuizow,"GOve 1lari,guaua Productiou Application 1320' Radius Setback Prohibiting Youth Activity Centers 11. O'Grady. Gary T 1. Morgan, Michael 1320 -ft Radius 2. USA 13. Ayoub, Arianna R 3, Sundance Meadows POA Property Owned by Core 4. Hugel, Irene M O Subdivision Boundary 5. Rorabeck, Cheryl J 16. Berg, Siiri R 6. Sundance Meadows Inc 17. Slob. Dawn P 7. Pinnick, Skyler D 18. Kirk, Marcia W 8. Richardson, Jennifer 19. Hauck. Thomas F 9. Myers, Jean M 20, Adams, Keith M 10. Fredericksen, Jackie Roy 11. O'Grady. Gary T 21, Bilton-Smith, Elizabeth A 12. Winslow, Kirstin A 22. Donaldson, Kevin R 13. Ayoub, Arianna R 23, Miller, Howard 14, Fehrenbacher. Todd M 24, Rossetlo, Michael A 15. Jones, David R 25. Hayton, Carol Ann 16. Berg, Siiri R 26. Eastlick, Michelle S 17. Slob. Dawn P 27, Burkhardt, Mark R 18. Kirk, Marcia W 28. Murdock, Bridget T 19. Hauck. Thomas F 29, Weber Trust 20, Adams, Keith M Exhibit ?agc _ of r— 4-1, IN$ W : at ` �r� , � P ba d ,� •, n � � �1 '4 99 �•��Tt Y � � �' r x` ��.•�r � � `t;; t a"`�:�.`t t x. "6 ;� �r �, y�sa...'.�.I� .� t- a �`"�.� �- a�.` �� '£'. H z kE a �� r sNw r� � R e to h�y MISAli �.: d.„a;:.` v ••�"fS - "� t °'� o _rte t r u w” Est m ' MLS !'� ` ..oC`a ga i t>e.?f• " G 71 moss 1, Ell �>b � '_'"xis =�� ,� �,� ;�.,�„ -cin..;.• '� � � � t� tit now s „ S its ;kip 4�2 ' tilts PAW > ? 2� � \� � � . m � m m �J Nq 2 b -I M Sundance. East Neighborhood Meeting Wednesday, November 8, 2017 5:30- 7:00 PM Exhibit Easements in Sundance East An Overview Exhibit M911" 30' Equestrian/ Pedestrian 15' each side Exhibit faekenlPy t ,ate �Y A 4} i4 �4,�•.5 30' Equestrian/ Pedestrian 15' each side Exhibit faekenlPy P i!q! x2j 0 Y, M f tlgigx3 .O i w ?S � TZ -77 jo --V,)28a %I 1336 'If- Robert Wills 59659 Saskatoon Ln. Bend, OR 97702 robwi3@gmail.com July 26, 2019 Deschutes County Commissioners, I bought my home in Sundance in 2013, and moved in upon retirement. I chose Sundance because it is a residential community made up of nice homes, spacious lots, and surrounded for the most part by U.S. Forest land and/or BLM land. Sundance is away from the hustle and bustle of downtown Bend, but close enough that I can go there regularly for food and supplies. I had hoped this would be the last time I ever moved. The marijuana grow application for 60148 Stirling Dr. should be denied for a multitude of reasons that were clearly and succinctly stated to you by numerous residents of Sundance on July 24, 2019, at the appeal hearing. I will only reiterate the following two because they are the most impactful on everyone in Sundance: First, this will be a potential target by homeless persons, general criminals and drug cartels; there are numerous documented cases in California and Colorado where manjUdna gr C7 V1's (Idve L)t=1I LCII rt=LCU. I IIID IIOJ 6IUVeI �c1Y ollcl.lcU uIc communities where the grows were located. The only access to the proposed grow on Stirling Dr. is through our residential neighborhood. Second, this will adversely affect the property values in the area as well as an owner's ability to conduct property transfers and/or sales. To my knowledge, about every resident of Sundance is opposed to this grow. The residents of Sundance opposed to the grow were owners in the neighborhood first and should be given special consideration because of that. A marijuana grow is incongruent with a residential neighborhood period! If this application is approved, I will consider moving out of Sundance and most likely Oregon, too. Thank you for your consideration in this matter, 2t1 -1-116--000g 15 - f1 D File No. 2-4-1-19 - 000431 - A Hearing Date: Subject: 6 a e cj Pub k •-1 C a f i n J- lA D Peck L o Qc �:�yylra r. i Uz a nn- f„n„� IOC(X+eC! Q+--��OI-([B Dr. Hearings Body: bo a ri o p CPU -J C-OYV 110 SSi bile V- S C-Descriotion Submitted By AS u.ftZ- k-in ark -L w ACV -W on� C, catl Siov\ rv�tt(�,Su 4oaca- .AAeEtA Li ((f •Z +.K r,/\ap S , c e ri a t i rv\c� C��c. Soo - ,3 w ri ke 4e-Qsti►vLor\ JiAA AA orctr 14 1e4er-Fww%. Torvvnq NehmzoW Kris-l�r� flACLvv`s S W �l '�S�k-i YV�O 11 DO -k o re S Sck L S �'awe�fo;nf6ijes W"d� 6LCr i4rec�:e ostcr-a' fWOV C 4esfi W.OAy re%V es+s AS u.ftZ- k-in ark -L .; �as� �"< �f.�. DF,scxuTm COUNTY SHERIFF'SOFFICE L. Shane Nelson, Sheriff Proudly Serving Our Community Olt f . DEC 117 2018 Comment from Sheriff L. Shane Nelson: DWdUes Courdyr CDD Our concern lies in the odor, sights, sounds and set backs of the property in this type of request and how it affects the livability of our community members, in conjunction with the issue that marijuana is illegal on a federal level. In addition, we are finding the calls for service related to marijuana grow operations are increasing. There should be no deviation or any exceptions:made to any state or county regulations on the books. No new grows or retail -operations should be approved, r IlA�riir rte. h� rtirneirrri-i�w': ie n -v ivrr+ CeApr�F 1 ,qair IV{al 1JUCI f/rz Fl wuuirawr f. la "au Il IaL I �rUGr QI LQ Yv There are several rural- residents who have;issues=with smell, sound and sight issues related to marijua�=grows-ahid-how these affect quality of life. Forthe last 2 years there has been - an overproduction of marijuana in our state. Our Sources are: o U.S Attorney's Office for the District of Oregon, former OSU Professor Seth Crawford, Draft OSP Marijuana Analysts report and the recent marijuana report from the Oregon/Idaho HIDTA. Maiii Office 63333 W. Highway 20 Bend, OR 97703 541-385-6655 Exhibit 1� sheriffdeschutes.org Page _L_ of Adult jail 63333 W. Highway 20 Bend, OR 97703 541-388-6661 JM LL UV y YiQ 145 C-11 0. .0 cl: 2 0. 0. .0 cl: 0. 3. X03.00 0 cpo 0 ig 0 E. 0 r- o 40 - 0. c -- G ? N :c , E E' c c &.2. R 00 ca OC .: 0.0 C IL C )O"�ro- 0 -c 0' (D C.!2 -00'a -::E 20; 0 E c 0 ol . 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IF Ar . . . . . . . . . . . c iv b Exhibit P -g,-3 of Sundance Meadows http://sundancemeadows.com/ Activities & Home Owners Photos Youth Center Calendar Contact Directions Welcome To Sundance Meadows Stitt i}i'r 'i!ns Founded in the early 1970's, Sundance Meadows is solely owned and operated by its members. Ride horses, visit the ranch, swim, play miniature golf, hike, canoe, and enjoy all of Central Oregon's recreational activities. We have activities for families and children of all ages, boasting year-round fun at Sundance Meadows & Youth Center! Sundance Meadows is located at an elevation of 3800 feet on the east side of Bend, Oregon. We are in the winter range for mule deer. It is especially interesting when walking throughout our juniper stands and fields to spot deer, coyotes and a host of raptors and other wildlife. We have Lodge and Bunkhouse rooms for our winter owners. It is a great treat to gaze from the window by a blazing fireplace and behold the abundance of creatures fearlessly foraging about the grounds. We are located close to ski and snowmobile ares. When the white stuff is in abundance and conditions are right, owners can really enjoy our ranch. If you or your family are looking for a year-round vacation spot reminiscent of days gone by, give us a call at Sundance Meadows, 541-389-7003. Reservations can only be made by phone. * *Ownership Purchase** Price to Buy an Ownership Deed fee $1528 Transfer & Recording fee $193 3 months maintenance fees $150 Total cost $1871 $50.00 additional for criminal background check for each person named on deed. (Ownership and reservations will be delayed until background check results are received by the office staff) Area Services Guide ... click HERE Send all payments and correspondence to 60335 Arnold Market Road, Bend, OR 97702 Copyright© Sundance Meadows 541-389-7003 1 of 1 7/19/2019, 12:54 PM Sundance Meadows http: //sundancemeadows. com/activities.php Activities & Calendar Contact Directions Home Owners Photos Youth Center Things To Do :fit The Ranch r Youth Center We're so excited for you to come and enjoy all of the wonderful activities Sundance Meadows offers for families and kids of all ages. Our Family & Youth Center offers a wide range of things to do in every season, so stop by and give us a visit! • Archery • Horseback Riding Pickleball & Basketball • Swimming (indoor pool & dry sauna which are open from May 15 through the end of September) • Mini Golf (nine holes) • Fishing (owners & guests can fish in our pond (catch and release), which is stocked with blue gill, perch, crappie, trout & Florida Bass- there are also a few catfish in the pond. We also have a couple of row boats for use on the pond and, of course, there are several lakes & rivers nearby for fishing) • Disc Golf (eighteen holes) • ATV Riding (we are adjacent to BLM land with extensive off-road trails) • Remote Control Car Track • Recreation Hall (Pot Luck Dinners and Entertainment) • Golf Driving Range • Horseshoes • Tent Camping (Multiple tent camping sites with showers, restrooms, and laundry facilities at the Lodge) • Holidays (Fun and Games) • Relax • Outside the Ranch (we are approximately 8 miles from the FORUM shopping center which has Safeway, Wild Oats, Barnes & Noble, Old Navy, Jamba Juice, Starbucks, Costco & McDonalds among others. For other activities off the ranch, visit the Bend Visitor'= Center) Please note that the activities on the ranch are "all inclusive" and there is no charge to swim, golf, ride horses, stay in the lodge or bunkhouse, camp, store your RV, etc... Copyright Q Sundance Meadows 541-389-7003 1 of 1 7/19/2019,1:02 PM cn � � � .�� =� ' ��✓' � ' = a � fi s � ; ��, � x�, � �� (R�� c � "C �.. �� '-F'i2a m,.me rte. Pat 0 11 34 .0 d / m O uMAN iu u 'W tA 4J O �s` d gi .. y TV 4 The property to the north and east is Sundance Meadows Ranch, a nonconforming recreational community which was verified as a lawful use through land use file number 247 -17 -000754 -DR. This decision identified several nonconforming uses at Sundance Meadows Ranch that constitute a recreational vehicle park', campground', farm uses, and commercial residential use in the current zoning ordinance. The recreational community includes accessory uses such as fishing, miniature golf, frisbee golf, golf driving range, horseshoe pit, archery range, remote control car track, playground, swimming pool, and a tennis court. Members and guests of the Sundance Meadows Ranch are temporary residents of the recreational community and must adhere to the approved occupancy limit. According to the decision for file number 247 -17 -000754 -DR, an owner can remain on the ranch in the designated areas for up to 30 days at one time and then has to leave the ranch for 7 days, not exceeding 120 days in the calendar year. The term youth activity center is not defined in the Deschutes County Code. The Board of County Commissioners determined in the Waveseer decision (File Nos. 247 -18 -000128 -AD, 477 -LR, 877 -LL, 899-A), that a property with "inherent characteristics of a place where activities center around youth on a regular basis" such as a 4-H group rises to the level of a youth activity center. Staff believes that "activityr', in this context is may be defined as: (5)(h) a form of organized, supervised, often extracurricular recreation' 3 "Recreational vehicle park" means a park intended, designed, or utilized for temporary occupancy primarily by recreational vehicles. 4 "Campground" means an area devoted to overnight, temporary use for vacation, recreational or emergency purposes, but notfor residential purposes and is established on a site or is contiguous to lands with a park or other outdoor amenity that is accessible for recreational use by the occupants of the campground. It is also where facilities are provided to accommodate camping for two or more tents, traveltrailers, yurts or recreational vehicles. A campground shall not include campsite utility hook-ups, intensely developed recreational uses such as swimming pools or tennis courts or commercial activities such as retail stores or gas stations. A private campground may provide yurts for overnight camping. The yurt shall be located on the ground or on a wood floor with no permanent foundation. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. 5 "Farm use" means the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur - bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. "Farm use" includes the preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use. "Farm Use" also includes the current employment of the land for the primary purpose of obtaining a profit in money by stabling ortraining equines, including but not limited to, providing riding lessons, training clinics and schooling shows. "Farm use" also includes the propagation, cultivation, maintenance and harvesting of aquatic species and bird and animal species to the extent allowed by the rules adopted by the State Fish and Wildlife Commission. "Farm use" includes the on-site construction and maintenance of equipment and facilities used for the activities described above. "Farm use" does not include the use of land subject to the provisions of ORS chapter 321, except land used exclusively for growing cultured Christmas trees as defined in ORS 215.203(3). Current employment of the land for farm use also includes those uses listed under ORS 215.203(2)(b). 6 "Commercial residential uses" means a building, portion of a building or group of buildings designed or used for human occupancy or lodging for which a fee is charged, such as a hotel, motel or tourist camp, but excluding quarters intended for permanent occupancy such as a duplex or apartment. A manufactured home park is not included in this definition. ' https://www,merriam-webster.com/dictionary/activity 247 -18 -000915 -AD Page 16 of 38 k Youth may be defined as: (9)(a) the time of life when one is young especially: the period between childhood and maturity8 Staff finds that this aligns with the Boards decision in Waveseer, in that 4-H is organized, supervised, extracurricular recreation directed toward the young. Center9 may be defined as: (2)(a) a point, area, person, or thing that is most important or pivotal in relation to an indicated activity, interest, or condition (2)(e) a facility providing a place for a particular activity or service Staff has previously thought of "center" in the (2)(e) sense, where a "center" has lawfully developed facilities for a particular activity or service. However, it is clear that in Waveseer the Board has interpreted this provision to be broader and closer to the (2)(a) definition of "center". Sundance Meadows Ranch contains a number of regularly -used amenities that are typically enjoyed by the young, including all the recreational community accessory uses listed above. Staff finds that the ranch has lawfully developed facilities for recreation and it is likely, particularly under the Board's Waveseer interpretation of "center", that the ranch is a recreation center for people of all ngp- However. as discussed above, staff also finds that there is no evidence in the record that organized, supervised, extracurricular recreation directed toward the young occurs on a regular basis at the ranch. Based on the occupancy limit and the nature of the ranch, it is also likely that youth are predominantly visiting the ranch on a temporary basis, and/or during holidays or school breaks. As such, staff concludes that the ranch is not a Youth Activity Center subject to the setback under this criterion. ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(6) (previously numbered as subsection (B)(7)) by increasing the separation distance to 1,320 feet from new uses that were not identified in the previous subsection. The separation distance requirement now applies to state, local, municipal parks, land owned by a parks district, the Redmond Urban Reserve Area, the boundary of any local jurisdiction that has opted out of Oregon's recreational marijuana program, and any other lot or parcel approved by Deschutes Countyfor marijuana production. The separation distance is also required to be measured from the subject property line rather than the proposed use. If Ordinance No. 2018-D12 is not acknowledged, the previous subsection B(7) would apply. In that case, the subject application still complies because the subject property is more than 1,320 square feet from uses identified in subsection B(6) and the previous subsection B(7). 7. Access. Marijuana, production sites shall comply with the following standards. 8 https://www.merriam-webster.com/dictionary/youth 9 https://www.merriam-webster.com/dictionary/center 247 -18 -000915 -AD Page 17 of 38 O N —h7 'VV Soo", AV TV Q I ry S, 1�"� a.At„ a 5... � c �� i}4 ` -. � 1 ^a � • s 1 t� r J �3 e •-:;t � 75 k T •� awl�_'Z5 �`g� .`��s73 �',:.ay'*•' i �t"`ir f ."�: R �`F vN S r �, ___,.Y s 1:. �r,., �. �� •'r`5't rxr:• �� .:f F y?mow �: v% ` � i 'S y szs AM �� ' IXt_ ��. Y v *7•-�.�' mer L--`�•'••,�.'"' i � �`�.x � •,F iJ F' J-"r �j` ,i. 1 ` Vii`. 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In the summe', %-,,e s out pica;:: rabies as well. 4 the RumvInal Ann W swim, PWY games And tunic, tbr irore b(�urs per da,� and alsoaccony'-�rly "'outh S\virnnlnrs- H lfa'il" dsu!,rave.` tough vc Q, WAK Rmshm Ana WMAM 001" rice pao'-'riLs on lhe 6 � The Recoanon hum 0 21 he Me 01 Me GO M PWPWy ": 0* Pow "W's pmywd. TO Cly ivpuO i"a% AsIl Porn Te Remmuon Ova. I makc this ,-V'fidavh alpnO�:l Ofdl� ab:)Vt Dc(:1sion. E,'A .'E!) this of a 0FFCW- STAW- NWUMESNUEPNOT i NOTARY PUBUC-ORIVOWN, i COMMISSION NO. OMW LX,' MBSCRIBED AND SWORN a) Olbt, we daY V-, F-xhibit Page --Z-- Of L. Ron I d z� 11 WX19 wa: I �r- , 11, A�Oi 'i U,JU! TT O.—=LAL STAMP PAULDM SM AYLETT NOTARY MaLrl-OREWN --- 'COMMSION NO. WSW Faee m V 1 '� N .� V Q1 Q �A v O . _ i w ti AL b Jq.-W 's Appmximate grow site' of 1,800 sq. fL (chaNed ftum earlier x application) 151 €t_ S b line AL "' a O i Ai a q > E r`t.,zWk` If a !` " z a� a r a sh s Or J� Exhibit Page _/ SUNDANCE NEIGHBORS FILING WRITTEN OPPOSITION r GSiaa6 Al a 9 t t t i ,x La nSaao v°aw 4 x o01 A T �x aavuv tt s' S `e t z f + i i C' ♦ iso vt f t � S r 7�'' gleoo� ra utta k� y Q meao 0 s 4 �amfq+ M 3aaoo maa {� °1' two .- laotil0w,� .•?ateN W '8 - row. $ �;�yg� t;Qt 91 \CYC �N 19+aa0CAl gl��® � �.•�� \ � �__� fD5 .•iflt mP°.: �'�8.1 �3o?a:4�i.• 9'•�.;�`� E.: `S� �l� %°ii , +qNO 1. Adams, Keith 13. Deems, Ronald 25. Jones Trust 37. Miller, Howard 48. Schwarzenberger, 2. Ambjor, Jon 14. Detweiler, Donald 26. Kane, Robert 38. Mollohan, Kathleen Allister 3. BandyLinden, Scott 15. Dewitt, Robert 27. Kirk, Stephen a0 &Z. P 4. Billon-Smith, Mark 16. Donaldson, Kevin tY yidar*: 40. Moyerman Trust 50. Stob, Jeff 5. Blocker, Jon 17. Dumas, Donald 29, Kopish, Rodney 41. Murdock, Lee 51. Swanson Trust 6. Bond Trust 18, Forth, Douglas 30. Laird, Leslie 42. Myers, Larry 52. Weber Trust 7. Bnsken Trust 19. Hagan, Eric 31. Lawrence, Vance 43. Petsch, Greg ta13Xc � 8. Brooks Trust 20. Hain Trust 32. Lee Trust 44. Poplin, Debra 54. Weller, Wes 9. Burkhardt, Mark Within Sundance East Subdivision 33. Lewis, William 45. Richardson, Lloyd 55. Wierzba Trust 4^ '. Properties 22. Hayton, Victor 34. Lovejoy, Mark 46. Schultheis, Gerard Footprint N 23. Hollister, Lynn 35. Martini Trust Properties Owned by Sundance Meadows HOA s� 4 � e65300 a ' 12. Daniels, Patrick 24. Jones, David Property Owned by Gore 9g.` Eg a 330 30 �kg 33xa Properties Adjacent to Sundance East R :. +O.�SCA ta+l82fA Subdivision Boundary S 1. Adams, Keith 13. Deems, Ronald 25. Jones Trust 37. Miller, Howard 48. Schwarzenberger, 2. Ambjor, Jon 14. Detweiler, Donald 26. Kane, Robert 38. Mollohan, Kathleen Allister 3. BandyLinden, Scott 15. Dewitt, Robert 27. Kirk, Stephen 39. Musgrove Trust 49. Scott, Larry 4. Billon-Smith, Mark 16. Donaldson, Kevin 28. Kook Trust 40. Moyerman Trust 50. Stob, Jeff 5. Blocker, Jon 17. Dumas, Donald 29, Kopish, Rodney 41. Murdock, Lee 51. Swanson Trust 6. Bond Trust 18, Forth, Douglas 30. Laird, Leslie 42. Myers, Larry 52. Weber Trust 7. Bnsken Trust 19. Hagan, Eric 31. Lawrence, Vance 43. Petsch, Greg 53. Webre Trust 8. Brooks Trust 20. Hain Trust 32. Lee Trust 44. Poplin, Debra 54. Weller, Wes 9. Burkhardt, Mark 21. Hamilton -Jensen Trust 33. Lewis, William 45. Richardson, Lloyd 55. Wierzba Trust 10. Crabtree Trust 22. Hayton, Victor 34. Lovejoy, Mark 46. Schultheis, Gerard 56. Winn, Justin 11, Dalesky, Gary 23. Hollister, Lynn 35. Martini Trust 47. Schulze, David 57. Wolfe Trust 12. Daniels, Patrick 24. Jones, David 36. Meltzer, Brad �30 —/— abt'd 41q! x ra OX c2 p z c— cz ui Z Q� O U. S co c LU H CD z m U O w t- p U W M X m Q Z �o 06 � JO --ra2ud ;!q!qxa 02 CD co llqlqxA 22ti222 c c W z 2 X a �$ I a9 s� M Lu w °O N I ��. p 08 x Q N co _ rvE I UJ N IL N M $ �n W CO r 0— I i1 BL �w 336 2 X a UJ a9 s� M Lu w °O N ��. p 08 �) l%Y `l I i1 BL �w 336 X a ui 0 Z co _ 10 Mw T kN CL � N M f LU CL. M ( I w r w:a0 r � I 1 N ao Q r qq Q w Lu I �M m W uj w00 d N N I m" coT QN N T oro a n w r T N Q rnW M a W y �° to :o rn W °°W N r N r I /yc y a co I `.�,�a G wT 00LU �,; -.z=��, w of N ; gM Q.- QM w N Lu LU co Lu oro y H°o" ....� tW I i1 BL �w 336 Nehmzow/Gore MJ Application Proximity to Other Uses EXHIBIT ___ PAGE — MORRIS REAL ESTATE lndependendy Owned and Opeewed JIM MORAN, Broker 486 SW Bluff Dr, Bend, OR 97701 DIRECT (541) 312-7287 CELL (541) 948-0997 TOLL FREE (888) 572-7287 EFAX (866) 781-0845 jim@jimmoranbroker.com www.jimmoranbroker.com Re: Marijuana production facility disapproval narrative for 60148 St#rling Dr. Bend, Oregon. Jim Moran Licensed Broker in the State of Oregon since 2010. Current Sundance resident 18 years. 1 have a 22 -year career in Portfolio Real Estate lending with a Federally Chartered Savings and Loan (World Savings). Supervised Origination staff of Loan Officers, Appraisers, Underwriters and Processors for residential and commercial Real Estate lending in Seattle Washington and the SF Bay Area. It's a known fact that the Federal Government has yet to approve or will ever approve the sale and production of marijuana nationally. It is currently considered that the product is in violation of Federal Law. Prosecutions are t•II r•.—�. P%:..'1 1 �..-.eJ .-.�N�.L� nn, ii bil•fS„nrf ,+incl Ir0 7rA C 111 Still �,7rv(�t�l(icJ.. Civil, criminal and I Gyu IQto y IIalrlll ty GE1v vva wue v vti being aggressively enforced. The proposed grow and production operation in question at 60148 Sterling Dr poses a threat to the future value, lifestyle, and potential liability for the community of 200 + homes in Sundance. It represents not only a non- conforming use but it will have an immeasurable impact on property values and quality of life going forward. The original cc&r's specifically prohibited such an operation which speaks to the spirit and original intent of the community. The State of Oregon required Seller Property Disclosure Statement mandates full disclosure by a seller to a buyer in a standard REAL Estate transaction. Among other notations a seller MUST disclose any non- conforming or illegal uses to the buyer that may impact the property. This Disclosure becomes part of the Real Estate Purchase contract that will be shared with the Title Company, Lender and Appraiser. An Appraisal will also carry further disclosure. 5g�11RSPS �e � r B E Na Send SRES CHAMBER _�.�xhr�r•il?nn5i.. :: .sl M ER MORRIS REAL ESTATE Independently Owned and Operated JIM MORAN, Broker 486 SW Bluff Dr, Bend, OR 97701 DIRECT (541) 312-7287 CELL (541) 948-0997 TOLL FREE (888) 572-7287 EFAX (866) 781-0845 jim@jimmoranbroker.com www.jimmoranbroker.com Title Companies, Mortgage Lenders, and Appraisers are Federally regulated. In recent years the Dodd Frank regulations have tightened the rules, regulations, requirements and penalties for violations. Their rules, aggressive reporting requirements and prosecutions have become legendary. Should this grow and production operation be granted, a seller in the Sundance community will be compelled to call out and identify this non- conforming, Federally illegal facility on their Seller Disclosure, since the property abuts the subdivision and provides the only means if ingress and egress for its employees, services and distribution of product. Upon review of this disclosure it will be highly questionable if not impossible for a Federally Chartered Title Company to grant a title policy or for a Federally Chartered Mortgage Lender to make a loan. They will be subject to Federal regulatory prosecution. Once these facts are brought to light in the Real Estate, Title, Lending and Appraisal communities, it's not hard to recognize the negative impact this operation will have on the value and livability of the 200 plus homes in Sundance. Note this information is not about the morality of a marijuana grow or production facility. It is just the reality of today's world and the potential impact this operation will bring to Sundance. A Federally illegal, non- conforming, conflicting use is not in harmony with the lifestyle here. This is a residential community and has been for many years. Attached you will find documentation supporting this narrative. PLEASE deny this application and do not saddle the Sundance community with this illegal operation. Jim Moran, RSPS i' 10 aw L� G� 7E 3�j CHAMBER cuffl. 0N 181330 00 00600 60148 Stirling Dr HmtAmerican ride Send, OR 97702 -7T 7 2N f _E 4.1 3';HU i4l I 777 Eli i Cn All, T 'A 7- • !4 'A 0 14 N A, II rf VV Ail ti loJ _64 w, J i 4 41 W1 Natural CL?Taxlot Contours M Wetlands J-1 Subject El __/ 100 Yr. Flood 7/19/2019 Map Data Is deemed reliable but not guaranteed. First American accepts no responsibility for accuracy. Amf AS jr ffp mop A�& 187 rw 154 USE: RESTRICTIONS. )WOWALL`MEN BY TRESE PRESB "that GAY N,,,oe . does hereby declare as fellows4 a East Phase I That owner Of Sundpinc T at he is the as: ',described in the official plat thpTCOf and said property as -platted shall be.subject to the -following building and use rest the subdivision shall be e used 1. Each lot in, only,. with no More than one on: or residential purposes f "a "a (2) welling.,not to exceed two (2) r LdAtachedd ,single family d stories 11 a Stories i�fin height and not more`-thafi one double car b garage " C dings shall carport and two accessory buil 11 be garage or ca gi t tru Ud on each lot liha subdivision. ru 2. The floor area of constructed residences Shall be of not less than 1,000 square feet exclusive of one story porches and garages. 3. Building must be suitable for year around C - Lisa and must be placed on Permanent foundations, OnSISE ing-of concrete, brick,'pumice blocks or stone masonry. pich of the roof and size and spacing and ceiling Joists must be adequate to withstand heavy snow packs. Roofs must be of a shake or,kood shingle. All buildings, fences and improvements must be constructed in a workmanlike manner and kept in 8',condition of good repair. 4. Setback line shall be at least one hundred (100) feet back from the front lot line and forty (40) feet from side and back lot lines to any structure upon the l6t with the exception of a fence, not to exceed 's in height. Fences mus sixty (60) inches t be constructed Of properly finished material and . shall harmonize�'with the surroundings. S..,,All land owners must comply with,the laws and regulations i s of the state of Oregon, County'of Deschutes and any municipality applicable to fire protection building construction, water, sanitation and.public health. 6. No campers or travel trailers -'or mobile homes shall be allowed for permanent residence. 7. No more than le months time.shall elapse for the completion Of a permanent dwelling nor shall a structure be used as living quirters except t ' OTAPOTtITY An during the construction of a permanent dwelling a - during the con- xterior latrine shall be allowed only A struction of a permanent residence. 8. No portion of the property shall be used or maintained as a dumping ground for rubbish, trash, garbag or other refuse. e.- Such waste shall be kept in sanitary containers at all times. Approved'Ancinerators must be used in the area sufficiently cleared to prevent the tpossibility of fire starting on the property and shall be kept in a clean and sanitary condition. V 87,+r,455 V. commercial or professional Or noxious carried on upon d or activity c �tivit lot i ide or ac 'y shall be cart &Y be I anything . vi ig be,done thereon which any .lot not shall anythil - d. shall 0 the neighborhood. may ante or nuisance.tO e y b�ecome an � a= nc 10. The cutting or removal of living trees will for the construction Of xanly be permitted where necessary utification of the property. bu'ilding's or thinning for the bea 11. Lot sips will be limited to one 101, x 2411 olive green wooden sign with black lettering to identify theeloWlier and his address. 12. No building shall be constructed within thirty (30) feet Of the equestrian easement as shown,on " 'the official plat. 13. No I prior lot shall be divided without -approval of the Deschutes County Planning Commission. 14. No automobiles or other motor vehicles not *esently being used by the lot owner shall be stored or placed on the premises. - These covenants and restrictions or conditions -to remain in effect for,a period of ten (10) Years are from the date of this declaration and shall automatically extend unless the owners of sit of the total area of all parcels in the subdivision agree in writing to a change These restrictions shall be deemed to tbe of for the protection of eachft"V of the owners Or Occu s vision. It is intended hereby that portion of the subdi any such person shall have the right to prosecute such 'proceeding at law or in equity as may be appropriate to enforce restrictions herein set forth Invalidation.of any of these foregoing covenants, restrictions or conditions or any portion thereof by court Order, judgment or decree shall in no way effect any of the other remaining provisions thereof which sha in such case i continue to remain n full force and effe awson T P_ -.STATE OF OREGON ss. -County of I*sChut6s) Xbefore ate .this "A= L.. Subscribed and sworn to ."y of 1972 by Gary Clawson. Ot c or rego STATE OF OREGOTT My commission ejcpi-res: County of Da=hutos I b*mby cv.tUy thoz tS3 vdthW t=J ==I of W31d22 WC1 MM176d fW RMCW4 *a eat i4JA� Am, is r4cw-Jad In Bwk_Za %V -2_C4 Roftrdz of- RPSEMPURY PAITEMON cis* �y Dewey 2 I r W 15UP'iM,7,7.7 "'. -.7 'aa V0 R E F wav,m ��, Rm1 Fetutc R�rmn: Id.(:' SELLER'S PROPERTY DISCLOSURE STATEMENT Property Address 1 Please complete the following form. Do not leave any spaces blank. Please refer to the line number(s) of the question(s) when you provide your 2 explanation(s). If you are not claiming an exclusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page of 3 this disclosure statement and each attachment. 4 Each seller of residential property described in ORS 105.465 must deliver this form to each buyer who makes a written offer to purchase. Under 5 ORS 105.475 (4), refusal to provide this form gives the buyerthe right to revoke their offer at any time prior to closing the transaction. Use only the 6 section(s) of the form that apply to the transaction for which the form is used. If you are claiming an exclusion under ORS 105.470, fill out only 7 Section 1. 8 An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not excluded, the seller must disclose the condition of the 9 property or the buyer may revoke their offer to purchase any time prior to closing the transaction. Questions regarding the legal consequences of 10 the seller's choice should be directed to a qualified attorney. * '1111100 12 Section 1. EXCLUSION FROM ORS 105,465 TQ -11)5-49k 13 You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out 14 Section 2 of this form completely. 15 Initial only the exclusion you wish to claim. 16 This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) # 17issued by 18 This sale is by a financial in that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of 19 foreclosure. 20 The seller is a court appointed_(Check only one): ❑ receiver ❑ personal representative ❑ trustee ❑ conservator ❑ guardian 21 This sale or transfer is by a governmental agency. 22 Signature(s) of Seller(s) Claiming Exclusion 23 Seller Date •- Seller 24 Signature(s) of Buyer(s) Acknowledging Seller's Claim Date t- 25 Buyer Date *-- Buyer Date - 26 IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION. 27 Section 2 SELLER'S t'RUNtt{ i Y U; t LVavrct J I H I clvlcly 1 28 (NOT A WARRANTY) (ORS 105.465) 29 NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S) CONCERNING THE CONDITION OF 30 THE PROPERTY LOCATED AT "THE PROPERTY." 31 DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF 32 THE PROPERTY AT THE TIME OF DISCLOSURE. BUYER HAS FIVE BUSINESS DAYS FROM THE SELLER'S DELIVERY OF THIS 33 SELLER'S DISCLOSURE STATEMENT TO REVOKE BUYER'S OFFER BY DELIVERING BUYER'S SEPARATE SIGNED WRITTEN 34 STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES 35 THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT. 36 Seller Date 4- Seller Date This form has been licensed for use solely by Jim Moran pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL <— REQUIRE A SIGNATURE AND DATE Buyer Initials / Date Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 020 Page 1 of 7 Coldwell Ranker Morris RE.ORIA 780100805, 486 Sw Bluff Drive Bend, OR 97702 Phone: 541 948 0997 Fax: 866 7810845 Forms Jim Moran Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 yy,I,Ziy.L,L+fli>.&Fj11 'LJ' 2 SELLER'S PROPERTY DISCLOSURE STATEMENT Property Address 37 FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, BUYER IS ADVISED TO OBTAIN 38 AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER'S BEHALF INCLUDING, FOR 39 EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS, ROOFERS, 40 ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS. 41 Seller ❑ is ❑ is not occupying the property. 42 The following are representations made by the seller and are not the representations of any financial institution that may have made or may make a 43 loan pertaining to the property, or that may have or take a security interest in the property, or any real estate licensee engaged by the seller or the 44 buyer. 45 *If you mark yes on Items with *, attach a copy or explain on an attached sheet. 46 1. TITLE 47 A. Do you have legal authority to sell the property?............................................................... ❑ Yes ❑ No ❑ Unknown 48 *B. is title to the property subject to any of the following: ........................................................ ❑ Yes' ❑ No ❑ Unknown 49 ❑ First right of refusal ❑ Option ❑ Lease or rental agreement ❑ Other listing ❑ Life estate 50 *C. Is the property being transferred an unlawfully established unit of land? ............................ ❑ Yes* ❑ No . ❑ Unknown 51 *D. Are there any encroachments, boundary agreements, boundary disputes or 52 recent boundary changes?................................................................................................ ❑ Yes* ❑ No ❑ Unknown 53 *E. Are there any rights of way, easements, licenses, access limitations or 54 claims that may affect your interest in the property?.......................................................... ❑ Yes* ❑ No ❑ Unknown 55 *F. Are there any agreements forjoint maintenance of an easement or right of way? ............ ❑ Yes* ❑ No ❑ Unknown 56 *G. Are there any governmental studies, designations, zoning overlays, surveys 57 or notices that would affect the property?........................................................................... ❑ Yes* ❑ No ❑ Unknown 58 *H. Are there any pending or existing governmental assessments against the property? ........ ❑ Yes* ❑ No ❑ Unknown 59 *I. #ft Are there any zoning violations or nonconforming uses? .................................................... ❑ Yes* ❑ No ❑ Unknown 60 *J. Is there a boundary survey for the property?...................................................................... ❑ Yes* ❑ No ❑ Unknown 61 *K. Are there any covenants, conditions, restrictions orprivate assessments that affect the property? ❑ Yes* ❑ No ❑ Unknown 62 *L. Is the property subject to any special tax assessment or tax treatment that may 63 result in levy of additional taxes if the property is sold? ...................................................... ❑ Yes* ❑ No ❑ Unknown 64 2. WATER 65 A. Household water 66 (1) The source of the water is (check ALL that apply): ❑ Public ❑ Community ❑ Private ❑ Other 67 (2) Water source information: 68 *a) Does the water source require a water permit? ................................................... ❑ Yes* ❑ No ❑ Unknown 69 If yes, do you have a permit?.............................................................................. ❑ Yes ❑ No ❑ Unknown ❑ NA 70 *b) Is the water source located on the property?...................................................... ❑ Yes* ❑ No ❑ Unknown ❑ NA 71 Seller Date , Seller Date This form has been licensed for use solely by Jim Moran pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL E-- REQUIRE A SIGNATURE AND DATE Buyer Initials / Date Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 020 Page 2 of 7 Produced with zlpForm® by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www.zioLooix.com Forms 1 SELLER'S PROPERTY DISCLOSURE STATEMENT Property Address 72 *If not, are there any written agreements for a shared water source? ................. ❑ Yes* ❑ No ❑ Unknown ❑ NA 73 *c) Is there an easement (recorded or unrecorded) for your access to or 74 maintenance of the water source?...................................................................... ❑ Yes* ❑ No ❑ Unknown 75 d) If the source of water is from a well or spring, have you had any of 76 the following in the past 12 months?................................................................... ❑Yes ❑ No ❑ Unknown ❑ NA 77 ❑ Flow test ❑ Bacteria test ❑ Chemical contents test 78 *e) Are there any water source plumbing problems or needed repairs?... ... .......... Yes* ❑ No ❑ Unknown 79 (3) Are there any water treatment systems for the property? ............................................. ❑ Yes ❑ No ❑ Unknown 80 ❑ Leased []Owned 81 B. Irrigation 82 (1) Are there any ❑ water rights or ❑ other rights for the property? ..............................:.. ❑ Yes ❑ No ❑ Unknown 83 * (2) If any exist, has the irrigation water been used during the last five-year period?........ ❑ Yes* ❑ No ❑ Unknown ❑ NA 84 * (3) Is there a water rights certificate or other written evidence available? ........................ ❑ Yes* ❑ No ❑ Unknown ❑ NA 85 C. Outdoor sprinkler system 86 (1) Is there an outdoor sprinkler system for the property? .... .............................................. ❑ Yes ❑ No ❑ Unknown 87 (2) Has back flow valve been installed?.......................................................................... ❑ Yes ❑ No ❑ Unknown ❑ NA 88 (3) Is the outdoor sprinkler system operable?.................................................................... E Yes ❑ No ❑ Unknown ❑ NA 89 3. SEWAGE SYSTEM 90 A. Is the oronertv connected to a public or community sewage system? ................................. ❑ Yes ❑ No ❑ Unknown ❑ NA 91 B. Are there any new public or community sewage systems proposed for the property? ....... ❑ Yes ❑ No ❑ Unknown ❑ NA 92 C. Is the property connected to an on-site septic system?....................................................... ❑ Yes ❑ No ❑ Unknown ❑ NA 93 (1) If yes, when was the system installed?.......................................................................... ❑ Unknown ❑ NA 94 * (2) *If yes, was the system installed by permit?................................................................. ❑ Yes* ❑ No ❑ Unknown ❑ NA 95 (3) *Has the system been repaired or altered?................................................................... ❑ Yes* ❑ No ❑ Unknown ❑ NA 96 (4) *Has the condition of the system been evaluated and a report issued? ......................... []Yes ❑No ❑ Unknown ❑ NA 97 (5) Has the septic tank ever been pumped?....................................................................... []Yes ❑ No ❑ Unknown ❑ NA 98 If yes, when?................................................................................................................. ❑ NA 99 (6) Does the system have a pump? ❑ Yes ❑ No ❑ Unknown ❑ NA 100 (7) Does the system have a treatment unit such as a sand filter or an aerobic unit? ❑ Yes ❑ No ❑ Unknown ❑ NA 101 (8) Is a service contract for routine maintenance required for the system? ❑ Yes ❑ No ❑ Unknown ❑ NA 102 (9) Are all components of the system located on the property? ❑ Yes ❑ No ❑ Unknown ❑ NA 103 *D. Are there any sewage system problems or needed repairs? .............................................. ❑ Yes* ❑ No ❑ Unknown ❑ NA 104 E. Does your sewage system require on-site pumping to another level? ................................ ❑ Yes ❑ No ❑ Unknown ❑ NA 105 Seller Date +— Seller Date This form has been licensed for use solely by Jim Moran pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL E— REQUIRE A SIGNATURE AND DATE Buyer Initials / Date Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 020 Page 3 of 7 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 VnY4.a.L5L41x_W_ffj Forms SELLER'S PROPERTY DISCLOSURE STATEMENT Property Address 106 4. DWELLING INSULATION 107 *A. Is there insulation in the: 108 (1) Ceiling?......................................................................................................................... []Yes ❑ No ❑ Unknown 109 (2) Exterior Walls?............................................................................................................... ❑ Yes ❑ No ❑ Unknown 110 (3) Floors?.......................................................................................................................... ❑ Yes ❑ No ❑ Unknown 111 B. Are there any defective insulated doors or windows?........................................................ ❑ Yes ❑ No ❑ Unknown 112 S. DWELLING STRUCTURE 113 *A. Has the roof leaked?........................................................................................................... ❑ Yes* ❑ No ❑ Unknown 114 If yes, has it been repaired?................................................................................................ ❑ Yes ❑ No ❑ Unknown ❑ NA 115 B. Are there any additions, conversions or remodeling?........................................................ ❑ Yes ❑ No ❑ Unknown 116 If yes, was a building permit required?................................................................................ ❑ Yes ❑ No ❑ Unknown ❑ NA 117 If yes, was a building permit obtained?............................................................................... ❑ Yes ❑ No ❑ Unknown ❑ NA 118 If yes, was final inspection obtained?.................................................................................. ❑ Yes ❑ No ❑ Unknown ❑ NA 119 C. Are there smoke alarms or detectors?................................................................................ ❑ Yes ❑ No ❑ Unknown 120 D. Are there carbon monoxide alarms? .............. ...................... ........... :............... ................ .... ❑ Yes ❑ No ❑ Unknown 121 E. Is there a woodstove or fireplace insert included in the sale?. .... -- ................. ................. ❑ Yes ❑ No ❑ Unknown 122 *If yes, what is the make? ❑Yes* E] No E] Unknown ❑ NA 123 *If yes, was it installed with a permit?.................................................................................. 124 *If yes, is a certification label issued by the United States Environmental Protection Agency oa ILJ I=At or the Dennrtment of Environmental Quality IDEQ) affixed to it? .............................. tLr I".7 v. r.ev e+vr... .... v... ... �.. ❑ Yes* ❑ No []Unknown ❑ NA 126 *F. Has pest and dryrot structural or'Whole house"inspection been done within the last three years? ❑ Yes* ❑ No ❑ Unknown 127 *G. Are there any moisture problems, areas of water penetration, mildew odors 128 or other moisture conditions (especially in the basement)? ................................................. ❑ Yes* ❑ No ❑ Unknown 129 *If yes, explain on attached sheet the frequency and extent of problem and any insurance claims, repairs or remediation done. 130 H. Is there a sump pump on the property?............................................................................... ❑ Yes ❑ No ❑ Unknown 131 I. Are there any materials used in the construction of the structure that are or 132 have been the subject of a recall, class action suit, settlement or litigation? ...................... ❑ Yes ❑ No ❑ Unknown 133 If yes, what are the materials? 134 (1) Are there problems with the materials?......................................................................... ❑ Yes ❑ No ❑ Unknown ❑ NA 135 (2) Are the materials covered by a warranty?..................................................................... ❑ Yes ❑ No ❑ Unknown ❑ NA 136 (3) Have the materials been inspected?............................................................................. []Yes ❑ No ❑ Unknown ❑ NA 137 (4) Have there ever been claims filed for these materials by you or by previous owners?.. ❑ Yes ❑ No ❑ Unknown []NA 138 If yes, when? ❑ NA 139 (5) Was money received?.................................................................................................. []Yes ❑ No ❑ Unknown ❑ NA 140 Seller Date . * Seller Date This form has been licensed for use solely by Jim Moran pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL +— REQUIRE A SIGNATURE AND DATE Buyer Initials / Dane Copyright Oregon Real Estate Forms, LLC 2018 www.orefonfine.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF Paagege 4 of 7 Produced with zipForm® by zipl.ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 sw�,M Forms LJ' SELLER'S PROPERTY DISCLOSURE STATEMENT Property Address 141 (6) Were any of the materials repaired or replaced?.......................................................... ❑ Yes ❑ No ❑ Unknown ❑ NA 142 6. DWELLING SYSTEMS AND FIXTURES 143 If the following systems or fixtures are included in the purchase price, are they in good working order on the date this form is signed by Seller? 144 A. Electrical system, including wiring, switches, outlets and service ....................................... ❑ Yes ❑ No ❑ Unknown 145 B. Plumbing system, including pipes, faucets, fixtures and toilets ........................................... ❑ Yes ❑ No ❑ Unknown 146 C. Water heater tank.............................................................................................................. ❑ Yes ❑ No ❑ Unknown 147 D. Garbage disposal ......................................... ...................................................... ..... ...... ......❑ Yes E]No F]Unknown E]NA 148 E. Built-in range and oven .................. ....................................... ........... ................................... ❑ Yes ❑ No ❑ Unknown ❑ NA 149 F. Built-in dishwasher.............................................................................................................. ❑ Yes ❑ No ❑ Unknown ❑ NA 150 G. Sump pump ...................................................................................................I................... ❑ Yes ❑ No ❑ Unknown ❑ NA 151 H. Heating and cooling systems ❑ Yes F1 No F1 Unknown F1 NA 152 (1) Heating systems............................................................................................................ El ❑ No E] Unknown ❑ NA 153 154 I. (2) Cooling systems............................................................................................................ Security system ❑ Owned ❑ Leased.................................................................................. ❑ Yes ❑ No ❑ Unknown ❑ NA 155 J, Are there any materials or products used in the systems and fixtures 156 that are or have been the subject of a recall, class action settlement or other litigations?.. ❑ Yes ❑ No ❑ Unknown 157 158 If yes, what product? (1) Are there problems with the product?............................................................................. ❑ Yes ❑ No ❑ Unknown ❑ NA 159 (2) Is the product covered by a warranty?............................................................................ ❑ Yes ❑ No ❑ Unknown ❑ NA 160 (3) Has the product been inspected?................................................................................... ❑ Yes ❑ No ❑ Unknown ❑ NA 161 (4) Have claims been filed for this product by you or by previous owners? ......................... ❑ Yes ❑ No ❑ Unknown ❑ NA 162 163 If yes, when? (5) Was money received?.................................................................................................... ❑ Yes ❑ No E] unknown L] NA 164 (6) Were any of the materials or products repaired or replaced? ......................................... ❑ Yes ❑ No ❑ Unknown ❑ NA 165 166 7. COMMON INTEREST A. Is there a Home Owners' Association or other governing entity?... .......................... .......... ❑ Yes ❑ No ❑ Unknown 167 Name of Association or Other Governing Entity 168 Contact Person 169 Address Phone Number 170 B. Regular periodic assessments: $ per []Month ❑ Year []Other 171 *C. Are there any pending or proposed special assessments? ................................................. ❑ Yes* []No ❑Unknown 172 D. Are there shared "common areas" or joint maintenance agreement for facilities like walls, fences, 173 pools, tennis courts, walkways or other areas co -owned in undivided interest with others?... ❑ Yes ❑ No ❑ Unknown 174 E. Is the Home Owners' Association or other governing entity a party to 175 pending litigation or subject to an unsatisfied judgment? ................ -.............................. ..... ❑ Yes ❑ No ❑ Unknown [INA 176 Seller Date . Seller Date — This form has been licensed for use solely by Jim Moran pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL F REQUIRE A SIGNATURE AND DATE Buyer Initials / Date Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com OREF 020 No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC Page 5 of 7 Produced with zipFormb) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 46026 shwr zinLooix.com Forms L1 SELLER'S PROPERTY DISCLOSURE STATEMENT Property Address 177 F. Is the property in violation of recorded covenants, conditions and 178 restrictions or in violation of other bylaws or governing rules, whether recorded or not?..... ❑ Yes ❑ No Unknown [I NA 179 8. SEISMIC 180 A. Was the house constructed before 1974?........................................................................... 181 If yes, has the house been bolted to its foundation?............................................................ 182 9.GENERAL 183 A. Are there problems with settling, soil, standing water or drainage on 184 the property or in the immediate area?................................................................................ 185 B. Does the property contain fill?............................................................................................. 186 C. Is there any material damage to the property or any of the structure(s) 187 from fire, wind, floods, beach movements, earthquake, expansive soils or landslides?....... 188 D. 189 E. 190 "F 191 192 G. 93 H. 194 e1 5 6 197 198 199 200 Is the property in a designated floodplain?........................................................................... Is the property in a designated slide or other geologic hazard zone? ................................... Has any portion of the property been tested or treated for asbestos, formaldehyde, radon, gas, lead-based paint, mold, fuel or chemical storage tanks or contaminated soil or water?........ Are there any tanks or underground storage tanks (e.g., septic, chemical, fuel, etc,) on the property? Has the property ever been used as an illegal drug manufacturing or distribution site? ...... "If yes, was a Certificate of Fitness issued?........................................................................ Has the gwp stland-urban interface? .......................................... ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown []Yes ❑ No []Unknown []Yes ❑No ❑ Unknown []Yes ❑ No ❑ Unknown ❑ Yes []No ❑ Unknown []Yes ❑ No ❑ Unknown ❑ Yes" ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown ❑ Yes" ❑ No ❑ Unknown ❑ Yes ❑ No ❑ Unknown 10. FULI-OrS CLOSURE BY SELLER(S) •� Are there any other material defects affecting this property or its value that •�� G' / a prospective buyer should know about?.......en.p,../.a� .•%.'.. _A.• .J• ll 1 Y s eNo � If yes, describe the defect on attached��ar(d ex/ptain the frequency and extent of the problem and any insurance claims, repairs remediation? 201 The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy 202 of this disclosure statement. I/we authorize my/our agents to deliver a copy of this disclosure statement to all prospective buyers of the property or 203 their agents. (complete even if zero) Number of pages of explanations are attached. 204 Seller Date +— Seller Date +— AV K 5 A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are known to me/us or can be known by me/us 206 by utilizing diligent attention and observation. 207 B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are 208 made only by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the 209 property, or that may have or take a security interest in the property, or of any real estate licensee engaged by the seller or buyer. A financial 210 institution or real estate licensee is not bound by and has no liability with respect to any representation, misrepresentation, omission, error or 211 inaccuracy contained in another party's disclosure statement required by this section or any amendment to the disclosure statement. This form has been licensed for use solely by Jim Moran pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL +— REQUIRE A SIGNATURE AND DATE Buyer Initials / Date Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC 020 Page 6 of 7 Produced with ApForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ,;;yziAl-poix.com Forms D Lf =" SELLER'S PROPERTY DISCLOSURE STATEMENT lProperty Address 212 C. Buyer (which term includes all persons signing the "Buyer's Acknowledgment" portion of this disclosure statement below) hereby 213 acknowledges receipt of a Copy of this disclosure statement (including attachments, if any) bearing seller's signature(s).DISCLOSURES, IF 214 ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE 215 OF THE PROPERTY AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER, 216 HAVE FIVE BUSINESS DAYS FROM THE SELLER'S DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY 217 DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER'S 218 DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT, 219 BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER'S PROPERTY DISCLOSURE STATEMENT. 220 Buyer Date <— Buyer Date 221 Agent receiving disclosure statement on buyer's behalf to sign and date: 222 Real Estate Licensee Date received by Licensee 223 Real Estate Firm This form has been licensed for use solely by Jim Moran pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL a— REQUIRE A SIGNATURE AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orelonline.com OREF 020 No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC Page 7 of 7 Produced with zipFormCB) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 yyy�y,%yij9ooA.c= Forms Companies Face Significant Risk When Handling Transactions Involving Marijuana Money BY JEREMY YORE I N CO LO RA D 0, it's been reported there are more marijuana dispensaries than Starbucks and McDonalds locations combined. The state joined 'w"'ashlington in 20112 to become the first two jurisdictions in the Rocky Mountain State. According to a Realtor.corn report published in 2016, median home prices jumped more than 20 percent six months after the debut of pot shops in January 2014 compared to the first half of 2016. This significantly outpaced price increases across the country. 016 to legalize recreational marijuana. The move to legalize pot set ablaze the residential and ...................... commercial real estate markets , P L FEBRUARY 2018 V www.alta.org me t vA yv i SHUTTERSTOCK/ KA WAH KENETH CHEUNG/ BOOK PC/ PAPI 0000 Colorado's law allows counties to determine if they want to legalize and regulate the drug. Digging deeper into the numbers, Realtorcom reported home prices tend to be higher in the roughly 60 Colorado cities and towns where cannabis is legal than the more than 200 where it's not. For example, where cannabis is legal, the median sold price was $302,500 in the second quarter of 2016, according to the Realtor.com analysis. That's 13 percent higher than the $267,200 median sold price in the more than 200 localities where ganga is still prohibited. In addition, since 2014, homes have been appreciating by 12 percent annually in pot -friendly counties. That's compared with just 9% in areas that haven't legalized cannabis. Pot -positive counties have also attracted more homebuyers and jobs. Because of this, Colorado's commercial market has seen a boon as well. According to United States Commercial Real Estate Services, marijuana growers occupied 4.2 million square feet in metro Denver's industrial market in Q4 2016—an expansion of 14 percent since the second quarter of 2015. The downside is that houses neighborhoods with pot -growing operations are losing value because of the odor. '1t a sharp in ;ronorty nrirPc fn11nw8 the booming market for legal marijuana. Sales of legal cannabis reached $6.7 billion in the United States last year, and are expected to top $20 billion by 2021, Saft4muflaws according to Arcview Market Research. Other states have noticed the trend and want a piece of the pot pie. As of January 2018, recreational use of marijuana is legal in eight states and Washington, D.C. California began allowing the sale of recreational marijuana on Jan. 1, joining Alaska, Colorado, Nevada, Oregon and Washington. Massachusetts and possibly Maine are expected to begin sales this year. In all, 29 states and D.C., have at least partly legalized the substance— including for medicinal use. According to press reports, the new cannabis industry in California has a projected value of more than $7 billion. Haeshing the High? The budding real estate markets where cannabis is kosher may come off their high following a recent policy reversal from the Justice Department. Although cannabis remains prohibited at the federal level, the Justice Department from 2013 to early 2018 tolerated commercial distribution in the states where it has been legalized, under the guidance of the Cole Memorandum. However, on Jan. 4, U.S. Attorney General Jeff Sessions issued a memo shifting federal policy away from the hands-off approach adopted under the previous administration. This change in policy has been perceived as unleashing federal prosecutors to decide how to prioritize resources to crack down on pot possession, distribution and cultivation in -�-'� states where it is ostensibly legal. In the memo, Sessions xrwr �: �;�vtub� txtxg.�ms �1 4�oer�tesa .�tia'�as;, I�a�il�na 1�tl�uB �: ldi�etabin�'1V'Im+l aW ticGif�sitatitttl 12 TiTLENews t FEBRUARY 2018 C www.alta.org directed all U.S. attorneys to enforce the laws enacted by Congress and to follow well- established principles when pursuing prosecutions related to marijuana activities. "This return to the rule of law is also a return of trust and local control to federal prosecutors who know where and how to deploy Justice Department resources most effectively to reduce violent crime, stem the tide of the drug crisis, and dismantle criminal gangs, Sessions said in a memo to all federal prosecutors. "In deciding which marijuana activities to prosecute under these laws with the department's finite resources, prosecutors should follow the well-established principles that govern all federal prosecutions, the memo said. "'These principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on the community" Prior to this announcement, banks were already reluctant to do business with marijuana -related businesses. This may discourage them even more. Don Childears, president of the Colorado Bankers Association, told American Banker that he thinks "it will have a chilling effect" In addition, most title companies would violate their account agreement if they accepted and deposited cash they knew to be from marijuana proceeds. In all, 29 states and D.C., have at least partly legalized the substance --including for medicinal use. According to press reports, the new cannabis industry in California has a projected Federal Reach While more states are legalizing marijuana, the federal value of more than government still categorizes marijuana as a controlled substance. 'leis means it's viewed the sai-1e as heriiirt, i;ecaU ma rrinu.aa is illegal under federal law, the title industry faces several challenges. Under federal law: "[A]ny person who violates [the Controlled Substances Act] shall be sentenced as follows. In the case of a violation ... involving ... 1,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 1,000 or more marijuana plants regardless of weight ... such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both:' Additionally, anyone who helps another person violate the Controlled Substances Act can face the same penalty as the actual people violating the act. "There's a fine line between growing marijuana, having a warehouse to distribute marijuana and facilitating a transaction to provide the facilities, said a senior underwriter for a national title insurance company. It's helpful to also understand how the courts view this. A recent federal court of appeal decision (Pinkerton a U.S.) raised an interesting defense to prosecution. For many years, federal appropriations bills have prohibited the Department of Justice (DOJ) from using appropriated funds $7 billion. to prosecute people engaged in state - legalized medical marijuana activities. This doesn't change the fact that marijuana is illegal under federal law; rather, it's simply an appropriations measure that says the DOJ can't spend money prosecuting it. The question in this case was whether a defendant could raise this as a defense. The court said yes. How does this play out in the real world? A footnote in the opinion, however, says that section 542 does not provide immunity for prosecution for federal marijuana offenses. The court wrote, "The CSA (Controlled Substances Act) prohibits the manufacture, distribution and possession of marijuana. Anyone in any state who possesses, distributes or manufactures marijuana for medical or recreational purposes (or attempts or conspires to do so) is committing a federal crime. The federal government can prosecute such offenses for up to five years after they occur" "Conarocc rnrrnnth, raatrirta the nnvarnment from spending certain funds to prosecute certain individuals. But Congress could restore funding tomorrow, a year from now, or four years from now, and the government could then prosecute individuals who committed offenses while the government lacked funding," the opinion continued. The opinion goes on to say that under the Supremacy Clause of the Constitution, state laws can't permit what federal law prohibits. "'Ilius, while CSA remains in effect, states cannot authorize manufacturing, distribution or possession or marijuana. Such activity remains prohibited by federal law" "That is such a clear and precise summary of the dilemma that we all face when people take the position it's legalized in a state and we should be free to engage in the activity," said Steve Gottheim, ALTAs senior counsel. "The opinion Illustrates the problem with that argument' Control of Interstate Commerce With millions of dollars pouring into California for the cannabis industry, REITs are being set up specifically to fund the grow operations. Gottheim, said there's desire to turn Napa Valley into the "champagne region" for marijuana. "Just like only champagne that comes from a certain part of France can be called champagne, they want a similar thing for cannabis grown in the Napa Valley, he added. "Unfortunately, there's no legal way for the title industry to touch it and no way to keep companies safe from potential prosecution,' www.alta.org � FEBRUARY 2018 u TITIENews 13 RM Mon In ode SG4amf; P4%,4 I a14Wtrti �•m� ONElyrwsl `�'�'( Antu�aatierutilort�rreAka�tai�r2AtG j la ua{aN d 1 (•Ht�Cam�r+YtsiNea�wedteAtliet�bl+ t�e�u/iDtti ,cv. fro} ....._...._......��..._..�... �� ...�,.,...�.......,�..�...._. _._..._�cITP The federal government can control interstate commerce due to the Commerce Clause of the U.S. Constitution. In Ganzales v. Raich, the U.S. Supreme Court ruled in 2005 that under the Commerce Clause, Congress may criminalize the production and use of homegrown cannabis even if states approve its use for medicinal purposes. California started allowing the medical use of marijuana in the 1990s in response to the AIDS epidemic. The court had to decide whether the federal government had the right to control medical cannabis if its grown, sold and consumed exclusively in California. Two women were growing marijuana and using it for personal use. A doctor for one of the women said she might die without it. A majority of the court ruled that while the case was personally touching, "we are not going to allow California law to conflict with federal law." The court's argument stemmed from a 1942 ruling in Wickard a Filburn, which held that the government may regulate personal cultivation and consumption of crops because of the aggregate effect of individual consumption on the government's legitimate statutory framework governing the interstate wheat market. In this case, an Ohio farmer grew extra wheat to feed his animals. The 14 TITLENews r,`, FEBRUARY 2018 r www.alta.org court held that if every farmer started growing extra wheat it would affect supply and demand throughout the country. The case set a precedent for an expansive reading of the Commerce Clause. The court held: "The parallel concern making it appropriate to include marijuana grown for home consumption in the CSA is the likelihood that the high demand in the interstate market will draw such marijuana into that market. While the diversion of homegrown wheat tended to frustrate the federal interest in stabilizing prices by regulating the volume of commercial transactions in the interstate market, the diversion of homegrown marijuana tends to frustrate the federal interest in eliminating commercial transactions in the interstate market in their entirety. In both cases, the regulation is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity" According to Gottheim, this means the federal government determines whether marijuana is legal or not. An additional wrinkle involves zoning laws. People often have a "not in my backyard attitude" and don't necessary want a dispensary in their neighborhood. The concern is the odor and the alleged criminal element that retail marijuana shops attract. In California, the city of Riverside has zoning laws that prohibit pot distribution. A person attempting to open a dispensary brought a lawsuit, but the California Supreme Court ruled that cities can enact zoning law that prohibit distribution. With the threat of federal prosecution, many banks avoid lending money to businesses that involve marijuana. Handling proceeds of any marijuana transaction is considered money laundering—even if those proceeds are being used to purchase real estate and not pot. Very few banks are willing to bear that risk and have employees face a potential sentence of a minimum of 10 years. People in the Colorado pot industry created a state - chartered credit union in Denver that operates outside of the banking system. When it was launched in 2014, Fourth Corner Credit Union applied for a master account with the Kansas City Federal Reserve. in 2015, the Federal Reserve rejected the credit unions application. In January 2016, Fourth Corner fled a lawsuit, which was dismissed by a district court. However, in July 2017 the U.S. Court of Appeals for the Tenth Circuit in Denver voided the lower court's decision. This means that the Kansas City Federal Reserve cant assume Fourth Corner intends to violate federal law by serving marijuana businesses, and that the credit union can file a new application for a master account. Other cities are considering creating such financial institutions, including Los Angeles, Oakland and Santa Rosa in California; Philadelphia and Santa Fe, N.M. The states of Arizona and Maryland are also entertaining the idea. The Bank of North Dakota (BND) is currently the only state-owned public bank in the United States, The Bismarck -based bank was founded in 1919 to serve farmers and small businesses in North Dakota who felt they weren't getting fair treatment from commercial banks. The state insures BND's deposits, while the North Dakota Department of Financial Institutions has oversight. North Dakota started allowing the use of medical marijuana in 2018. It's unclear if the BND will work with the state's new medical marijuana companies. Industry Risk In addition to private lenders, REITs are being established specifically to handle to handle transactions involving money from cannabis. This means title companies must be diligent when handling transactions that could involve cannabis cash. "We have all insured cannabis transactions, (but) we just didn't know it, said one underwriter representative. For the title and escrow industry, it comes down to risk—risk of being prosecuted. Underwriter bulletins clearly prohibit agents from handling escrow funds or issuing CPLs for transactions involving land to be used in some capacity for growing, producing, distributing or dispensing marijuana. The people handling transactions—including the escrow and title officers—are viewed With the threat of federal prosecution, banks avoid lending monev in transactions involvin Handling proceeds c transaction is consid money Laundering. Very few banks are i to bear that risk and have employees facE a potential sentence of a minimum of 10 years. by law enforcement as participating in a criminal enterprise and subject to the same penalties as the people who own the property. "The real risk in these transactions is on the settlement side; Gottheim said. "You're handling money that is tainted in some fashion. You're more directly engaged in facilitating this criminal enterprise. It's easy to identify who the settlement officer was in a transaction. If the U.S. attorney wanted to make a good example, then they would prosecute everyone who touched it." Additionally, most underwriters will not insure the transaction either. The title industry is not the only insurance industry shying away from providing coverage in these cases. In California, many marijuana farms have been destroyed by the fires. Cannabis cultivators who have lost their crop have little recompense because they can't get property and casualty insurance, of if they do, it comes with a pricey deductible. A typical marijuana investment in California ranges from $5 million to $10 million. "Nobody right now has insurance," Nikki Lastreto, secretary of the Mendocino Cannabis Industry Association, told CNN. "They might have insurance on their house, but not on their crop." The problem is that there are many grey scenarios. What if a client has a buyer for a cannabis growing facility and they want you to handle the transaction, and the buyer wants tide insurance? What if another client wants to sell a farm in an area where people are starting to plant pot, but the buyer has not disclosed what they intend to do with farm? What if you are asked to insure a transaction involving land where the state will build a facility to ..7:x,.9 Or, shot decision test aiaarijuana qu ��... , ...............,-..-• do you make in a deal involving a large office building with a cannabis dispensary on the ground floor? What do you do if that tenant's rent makes up half a percent of the income of that building? There's also the question of whether it's okay to handle the escrow and issue a title policy if there's an exception in the policy that excludes coverage if there's a violation or enforcement of any federal, state or local law relating to the use of the land. "This becomes a day-to-day challenge for the industry, one underwriter said. "If we know that a transaction involves illegal activity, we don't want to handle it. From my perspective, if in the normal course of compiling information that you would get in handling the escrow or the settlement for a transaction and doing title research, you know or should know that you are dealing with an illegal transaction and must decline it:' m ,JEREMY YORE is ALTA's vice president of communications. He can be reached at jyohe@,aita.ork www.alta.org FEBRUARY2018 V' TiTLENews is EXHIBIT -H PAGE 4 Hello Izze, I wanted to take a minute to try and address some of the concerns presented by my neighbors, and hopefully help to eliminate some, if not all of the concerns moving forward. After looking over many of the issues posted by my neighbors it seems that there are four main concerns, property value, traffic, children, and the actual operation itself in terms of what I'm actually doing with cannabis on the property. Everything I plan on doing will all be done inside a small 50'x 36' fully enclosed building. There will be no noise, odor, or visual of any cannabis activity from my property. I don't plan on growing anything outside unless I'm denied and forced to turn to growing hemp, which is much less regulated and would have to be done on several acres outdoors. Second, the traffic concern. This is not a large scale grow. In fact, this grow is the smallest scale license they offer and I'm the sole employee. I'm doing it this way purposely. I also did not grow up in Bend and still don't know that many people my age or younger. I bring this up because there won't be many people that even know this grow exists. I will only have help once a month from a small crew (maybe 5-8 people) -of trimmers, who will remain inside the facility for the entirety of their stay. Think of it as a once a month lawn service. Third, the children concern. I completely understand that you have children and only want the best for them and for them to be safe. I too want kids myself one day and I'm sure I'll feel the same way you do. With that being said, my facility will be completely indoors and nowhere near the entrance of my property. The only way a child would ever see the building is if they were trespassing, and even then the facility will remain locked at all times and there's no way any child would every encounter any form of cannabis from my property. Lastly, the property value concern. Since my entire grow is concentrated into a small 50'x 36' indoor facility that can't be seen from the street, I don't believe the value will go down. Local real estate experts have indicated that legal cannabis production has actually increased the values of EFU land in Deschutes County. I want to also say that I don't agree with a lot of things people do or believe in, but that doesn't mean we can't get along and be friendly with each other. I've always loved the idea of being a good neighbor and having a sense of community. If there's ever anything you'd like to speak with me about I'm happy to listen, just send me an email at tommynehmzow@vahoo.com and we can talk about it. I hate starting off this way, but I want to assure you that I'm going to do everything I can to be a great neighbor. Thank you for taking the time to read this, I hope to meet all of you soon! Also, I tried registering for - Next Door. -corn, but! can't confirm my address without a- mailbox. If any of you wouldn't mind helping me register so I can communicate easier with the neighborhood, I would greatly appreciate it. Thank you, Tommy Nehmzow Sundance Meadows Inc. 60335 Arnold Market Rd. Rend, OR 97702 Phone: (541) 389 -7003 Fax: (541) 389 -2322 July 20, 2019 Commissioners, My name is Delores Shultz, I am the President of the Board of Directors of Sundance Meadows Ranch, Inc. Thank you for hearing the appeal today by Keith and Kristin Adams on behalf of both Sundance Meadows Ranch. Inc. and Sundance Subdivision. We are all united in our opposition to this proposed grow. Sundance Meadows Ranch, Ine's Board of Directors originally summarized its opposition to the marijuana grow (File# 247 -18- 000915 -AD) in a letter dated December 15, 2018, now in the record. I'd like to reiterate and expand on that letter. Sundance Meadows Ranch, Inc. is a member owned recreational ranch with 517 active owning members, representing roughly 1500" people. Sundance Meadows Ranch, Inc. is a destination for member and guest recreation and activity, including their children. The location of the proposed marijuana grow is a very short distance due South of key youth recreation facilities at Sundance Meadows Ranch, Inc.; our pool and court area. We have a high volume of children and families that enjoy the use of these facilities during the vacation season. In addition, we have youth that explore the property unsupervised all the time, and as part of organized activity and events at the ranch. We do not feel that a facility that produces marijuana would be suitable located next to our ranch, and certainly not so close to our pool and court area, a very popular area of youth activity. The proposed marijuana grow, if approved, would be a source of marijuana smell and building noise in this area. It also represents a possible attraction to those same Sundance Meadows Ranch youth, and youth from Sundance Subdivision, that may result in harm to them. Our membership and guests do not want their children exposed to marijuana in any way, either by sight of an operation, sound, smell, or associated potential for crime. In addition, SMR has an easement that enters the applicant's property, which we maintain to use as part of our horse back and hiking trails. We expect our use of this easement to be unobstructed, clear and usable. Use of this easement would bring members and youth to well within the 150' setback. The applicant is aware of this easement, as they tried to acquire it when purchasing the property, the did not disclose the reason they wanted the easement vacated at that time, but we denied the request. It would also appear that the applicant's septic field will be constructed on this easement, and, as we stated previously in our letter, we expect our easement not to be eliminated or constructed on in any way. I and the rest of the SMR board members, and member owners, urge you to deny this application. Thank you for your consideration. r t Delores Shultz President Norm Sitn iolm i Sharon Cook 1 on Houser Treasurer Myrna Graham Kelly Duren V George Day U":y- 6/ 1 Aeron Burkhardt 22209 Quebec Dr Bend, OR 97702 (541) 550-7368 July 23, 2019 Dear County Commissioners, EP --_ v AGE Hello. My name is Aeron Burkhardt. I am a high school student and a resident In the Sundance area. I am a current resident at 22209 Quebec Dr and have been so for over 4 years. I am opposition of the marijuana grow that is proposed for the property on Stirling Drive and would respectfully request the County Commissioners to deny the request for this operation to become established on the property. live 700 feet from the property (as the crow flies). I have been taught by all adults throughout my life that the places I should be and feel the safest is at �_.�., n,. :a .. ..,.h....l h...-.. rvinr mr.ro �nrl mnrc my school and in my home. As n Is, l i ly school vc� v� 1c. 1.1— - -- unsafe as the days go by due to drugs (mainly marijuana), alcohol, and violence. I would think that my home and neighborhood would always be a safe place for me without any of those dangers. This is a neighborhood where run, bike, and enjoy my youth. Now that a marijuana farm Is already in the process of being created near my neighborhood, I feel my safety is being threatened and at risk. No matter how It is created or how it is used marijuana is a federally illegal drug. I am asking the Board of County Commissioners to please reject the growth and creation of this Installment as this is a community with families, children, and lots of youth. Sincerely, Aeron Burkhardt 4--nl -�� — Sharon and Colin Burkhardt 22209 Quebec Dr Bend, OR 97702 (541) 550-7368 sharonburkhardt771@gmail.com July 23, 2019 Dear County Commissioners, We are current residents at 22209 Quebec Dr and have been Bend voters for the past 4 years. We are in opposition of the marijuana grow that is proposed for the property on Stirling Drive and would respectfully request the County Commissioners to deny the request for this operation to become established on the property. The property in question, on Stirling, is across the street from a rural neighborhood that has 60+ children. There are 20 children within the 1 mile block of this establishment, including our grandchildren. We do not see the need for this establishmei t tv be so close to a neighhbor i good +kai `auppvrt� a healthy lifestyle and puts us and our grandchildren at risk. Sincerely, Sharon and Colin Burkhardt Matthew Burkhardt 22209 Quebec Dr Bend, OR 97702 (541) 550-7368 July 23, 2019 Dear County Commissioners, Hello, My name is Matthew Burkhardt. I am a middle school student and a resident in the Sundance area. I am a current resident at 22209 Quebec Dr and have been so for over 4 years. I am opposition of the marijuana grow that is proposed for the property on Stirling Drive and would respectfully request the County Commissioners to deny the request for this operation to become established on the property. I live 700 feet from the property (as the crow flies) and ride my bike frequently down that road to play with my friends. I do not feel it will be safe for me to t._ �� L_L. .._ u..— i6... . "I....rM.. ..i ,..cal.. fe I.....A.. i ride my bike or do the fun I al tivluCS in U It, i leigl luo t hood vvlu 1 I i ly 11 MI IU moved here to have a better life and have a fun place to play. I feel this marijuana grow won't allow me to ride my bike and be a part of my neighborhood in a safe manner. Sincerely, Matthew,, A, Burkhardt �'` OC N 4-, E N � z06 E � C oY .. Ln �4-1 C: C: ro ru v CL0- sz a. 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Yes If so, please give a copy to the Recording Secretary for the record. **' SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony j q 7--t�- Ooo cjj ,� -HD Subject:'. Date: Agenda Item Number: Name -',� �`Lc'i� 6 n ' I Address } I'� r a d Phone #s 1541 —9" E -mail address Ct orw, tot s oo Le or ❑ in Favor of Application a NeutrallUndecidedplOpposed to Application Are you submitting written documents as part of testimony? 0 Yes No If so, please give a copy to the Recording Secretary for the record. ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS v�JKE�3 �O` BOARD OF COMMISSIONERS' MEETING ti REQUEST TO SPE,A.K Citizen Input or Testimony Subject: 8quiq 3'Iq Date; t. -t C C l� Agenda Item Number: NameF" f' Address, Phone #sb �' b E-mail address b;e-)xd LL, In Favor of Application 'EINeutral/Undecided D6pposedto Application Are you submitting written documents as part of testimony? F-1 Yes F] No If so, please give a copy to the Recording Secretary for the record. ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS n BOARD OF COMMSSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject:C 4Qk' 1 z ,1 Date; NJ Agenda Item Number: Name Address k F _ ' Phone #s E-mail address a,c1'�M6 Q In Favor of Application Q Neutral Undecided Opposed to Application Are you submitting written documents as part of testimony? V1 Yes F] No If so, please give a copy to the Recording Secretary for the record. ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS A � BOARD OF COMNHSSIONERS' MEETING REMST TO SPEAK Citizen Input or Testimony Subject: Pi it Dale: 20 1 Agenda Item Number: Name Address 6133 1 U Phone #s I —6W E-mail address C I L. O A Q In Favor of Application o Neutral/Undecided UidpPosedtoAppficafion Are you submitting written documents as part of testimony? ❑ Yes 2<o' If so, please give a copy to the Recording Secretary for the record. ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS Lj In Favor of Application " Neutral/Undecided Opposed to Application Are you submitting written documents as part of testimony? M Yes a No If so, please give a copy to the Recording Secretary for the record. ** SUBMIT TO :.RECORDING SECRETARY BEFORE MEETING BEGINS { BOARD OF COMMISSIONERS' MEETING REQUEST TO: SPEAK Citizen Input or Testimony a tt{{ d 3 Subject: '' , . s ate: Agenda Item Number: Name Phone #s E-mail address F] In Favor of Application F� Neutral UndecidedLta'C}pposed to Application Are you submitting written documents as part of testimony? 0 Yes R No If so, please give" a co' y, to the .Recording Secretary for the record ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS �., BOARD OF COMMISSIONERS' MEETING a { REQUEST TO SPEAK Citizen Input or Testimony 4ePa4�- �,4r-t9- &ccb CgJI- AD 011 J ; Subject: C- Date: aLLl . Agenda Item Number` 000 Name Mavv��- Address Z21 ,D rv, mv Phone #s 5�[ ( - Z? E-mail address 1. 9etS car TZ &� c vvh Q In Favor of Application Q NeutraWndecided Opposed to Application Are you submitting written documents as part of testimony? F]Yes Fil No If so, please give a copy to the Recording Secretary for the record * SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REDDEST TO SPEAK Citizen Input or Testimony A~ i j .,Q (. 3 Y't, Date: 2 Sutijcct: _,_, I Agenda Item Number:- A , i �', V . sV °� . v 1 .. BOARD OF COMNIISSIONERS" MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: ` ; P' i t. r . 1 m t4 bate: Agenda Item Number: Name Address , Phone #s`) Q VY1 1 , E-mail address �In Favor of Application F-]NeutraWndecided' ®Opposed to Application Are you submitting written documents as part of testimony? [-] Yes [ ' No If so, please give a copy to the Recording Secretary for the record. ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS �JTcs C0 BOARD OF COMMISSIONERS' MEETING REQUEST TO SSP Citizen Input or Testimony Subject: , Date: Agenda Item Number:• _ Name - o �► ' 4 Address I AV r - Phone #s n r) E-mail address F r� 4 d�� a ` • �O F-1 In Favor of Application E]Neutral/Undecided Xopposcd to Application Are you submitting written documents as part of testimony? F Yes 51No If so, please give a copy to the Recording Secretary for the record. SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING o s� REQUEST TO SPEAK Citizen Input or Testimony ✓o ,, ,- l''Goea04,4 PtwVW, 4 L Date. Subject. Agenda Item Number; a' 1 Name 0=04a Address a_____�--07Ci ("u`c•�. �{Z ` WA, Phone #s E-mail address _�o`��e/h�I pig ��L . �o'"► — In Favor of Application- ❑Neutral/Undecided Xopposed to Application AreY ou submitting written documents as part of testimony? Yes W No If so, please give a copy to the Recording Secretary for the record. SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING 0 2� REQUEST TO SPEAK Citizen Input or Testimony Subject: Date: Agenda Item Number; 2 L, %- /V — Ao Name r Address Phone #s E-mail address v a Q In Favor of Application n NeuftWndecided Rbpposedto Application Areou submitting written documents as part of testimony? Q Yes F, o y or the record. If so, please give a copy to the Recording Secretary f ** SUBMIT TO RECORDING SECRETARY' BEFORE MEETING BEGINS BOARD OF COMMISSIONERSMEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Date: Agenda Item Number: Name Address Phone #s E-mail address Y In Favor of Application r-�Neutral/Undecide © pposed to Application Are you submitting written documents as part of testimony? F-] Yes ❑ No If so, please give a copy to the Recording Secretary for the record. ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS