2019-427-Minutes for Meeting September 25,2019 Recorded 10/7/2019ETES C
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
151,731 001
Recorded in Deschutes County CJ2019-427
Nancy Blankenship, County Clerk
Commissioners' Journal 10/07/2019 10:21:28 AM
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FOR RECORDING STAMP ONLY
10:00 AM WEDNESDAY, September 25, 2019 BARNES & SAWYER ROOMS
Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom
Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel;
and Sharon Keith, Board Executive Assistant. Several citizens and identified representatives of the
media were in attendance.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair Henderson called the meeting to order at 10:00 am
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
Ron Boozel ("Rondo") provided comment on the need for homeless solutions in our
community and requested that the Board consider creating an advisory committee
to address homeless issues in Deschutes County.
BOCC MEETING SEPTEMBER 25, 2019 PAGE 1 OF 7
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda.
Commissioner Henderson requested pulling Item 6 for revisions.
DEBONE: Move approval of Consent Agenda minus Item 6
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
Consent Agenda Items:
1. Consideration of Board Signature of Document No. 2019-666, Continuation
of a License Agreement Between Deschutes County, Licensor, and Mosaic
Medical, Licensee
2. Consideration of Board Signature on Letters Appointing Kimberly Gilder,
Jennifer Hills, Randy Brooks, and Suzanne DeTurk to the Deschutes County
Behavioral Health Advisory Board
3. Consideration of Board Signature on Letters Appointing Melanie Kebler to
the Local Public Safety Coordinating Council
4. Consideration of Board Signature of Letter Thanking Shelly Smith for Service
on the Local Public Safety Coordinating Council
5. Consideration of Board Signature on Letters Reappointing Richard Wagner
and Candace Little to the Lazy River Special Road District Board
6. Approval of Minutes of the September 18, 2019 BOCC Meeting
7. Consideration of Board Signature of Letters Appointing Members to the
Wildfire Mitigation Advisory Committee: Ken Kehmna, Roger Johnson, Joe
Foran, Brian Braddock, Geoffrey Reynolds, Glen Ardt, Martha Meeker, Tyler
Neese, Brent Landels, Karna Gustafson, Matt Van Courtren, Jim Beeger, and
Jim Figursky
BOCC MEETING SEPTEMBER 25, 2019 PAGE 2 OF 7
ACTION ITEMS:
8. Consideration of Board Signature of Resolution No. 2019-044, Rescinding
Fire Restrictions for Unprotected and Deschutes County Owned Land
County Forester Ed Keith presented the Resolution for consideration of
rescinding fire restrictions prior to the identified date of October 15th based
on weather patterns and the decreasing threat of wildland fires. Mr. Keith
reported that there was a significantly decreased number of acres burned in
the state this year (compared to last year) and expenditures are also reduced
due to the quiet year. Mr. Keith reported this allows the restrictions to be
lifted but burning is still restricted and recommends citizens call their local
fire district for clarification for their area. Commissioner Adair suggested an
expanded Fire Free program for next year. Commissioner DeBone advocates
for prescribed fire. Mr. Keith noted the changes in the Oregon's Smoke
Management Plan allows for more tolerance for prescribed burns to help
reduce fuels around communities.
ADAIR: Move approval of Resolution No. 2019-044
DEBONE: Second
VOTE: ADAIR: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
9. Consideration of Board Signature of Document No. 2019-699, Denial of
Nehmzow Marijuana Production at 0148 Stirling Drive, Bend
Isabella Liu, Community Development Department presented the document
for consideration. Commissioners Adair and Henderson suggested revisions
to the language of the document. Ms. Liu will draft a revised document and
include it on next week's agenda for consideration.
BOCC MEETING SEPTEMBER 25, 2019 PAGE 3 OF 7
10. Consideration of Board Signature of Document No. 2019-700, an
Intergovernmental Agreement Between Deschutes County and the City
of La Pine
James Lewis, Property Manager presented a request on behalf of the City of
La Pine for a new IGA with the County specific to the remaining 55 industrial
properties owned by the County and located within the La Pine city limits.
DEBONE: Move approval of Document No. 2019-700
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
11.Consideration of Chair Signature of Document No. 2019-718, Grant
Agreement with the Oregon Criminal Justice Commission
Holly Harris, Health Services presented the document and reported the
Criminal Justice Commission grant was awarded to provide funding for the
Deschutes County Family Drug Court Program. The award provides
$241,586, a reduction of the dollar amount applied for, for a time frame of
July 1, 2019 through June 30, 2021.
ADAIR: Move approval of Document No. 2019-718
DEBONE: Second
VOTE: ADAIR: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC MEETING SEPTEMBER 25, 2019 PAGE 4 OF 7
OTHER ITEMS:
OLCC Letter Regarding the Intent of Deschutes County:
Tanya Saltzman, Community Development Department presented a letter for
consideration based on the discussions at the Monday September 23rd BOCC
Meeting. The Board recommended minor language revisions. Ms. Saltzman
will revise the letter and the Board supported signatures.
DEBONE: Move approval as amended
ADAIR: Second
VOTE: DEBONE: Yes
ADAI R: Yes
HENDERSON: Chair votes yes. Motion Carried
COMMISSIONERS UPDATES:
• Commissioner DeBone reported on his meeting with Eastern Oregon
Counties Association yesterday in Baker City. Commissioner DeBone will
work with tribal leadership for an invitation to work with the group as well.
• Commissioner DeBone inquired on next steps for the Terrebonne
Refinement Plan. Commissioner Adair traveled to Terrebonne and spoke
with community members for feedback. Community members had alternate
options to consider. She also met with Robert Townsend of ODOT and
reported on the traffic presentation during AOC County College last week.
Community Development Department Director Nick Lelack noted that the
application is still open and awaiting final action by the BOCC and that to his
understanding, no further formal proceedings have been scheduled.
• Commissioner Adair also reported on a meeting yesterday for the Veteran's
Court program.
Commissioner Henderson will attend the LCDC meeting tomorrow in Tigard.
BOCC MEETING SEPTEMBER 25, 2019 PAGE 5 OF 7
• County Administrator Anderson reported on a meeting with Community
Development Department Director Nick Lelack and City of Bend staff
regarding the Bend Airport Master Plan. Mr. Anderson recommended a
series of discussions and tours with a presentation to the Commissioners
beginning with the Wednesday October 2 BOCC Meeting.
• The point Meeting with the City of La Pine is scheduled for Tuesday, October 8
which is also the same night as the Bend Chamber State of the City Address
for the City of Bend.
• County Administrator Anderson reported on requests from Crook County for
assistance in behavioral health services. Holly Harris offered insight. Further
discussions will occur at a meeting next week.
EXECUTIVE SESSION: At the time of 11:19 am, the Board went into Executive
Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of
Executive Session at 11:27 a.m.
RECESS: At the time of 11:27 a.m. the Board took a recess and will reconvene the
meeting at 2:00 p.m.
RECONVENE: At the time of 2:00 p.m., the Board reconvened the meeting in the
Allen Conference Room.
EXECUTIVE SESSION: At the time of 2:03 p.m., the Board went into Executive
Session under ORS 192.660 (2) (h) Labor Negotiations. The Board came out of
Executive Session at 2:09 p.m. to direct staff to proceed as discussed
DEBONE: Move support for Document No. 2019-741 with discussed
revisions
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair vote yes. Motion Carried
BOCC MEETING SEPTEMBER 25, 2019 PAGE 6 OF 7
OTHER ITEMS
• Deputy County Administrator Erik Kropp reported on the economic
development loan with Medline Renewal Company in Redmond. The Board
approved an economic development grant to create 28 jobs by March 2018
(and maintain the jobs for 12 months); within that timeframe the company
only created 24 jobs. However, since that time which was after the deadline
the company has created more than 50 jobs. The Board expressed support
of converting the loan into a completed grant.
• Clarification: the Joint Meeting with the City of La Pine and BOCC will be held
on Wednesday, October 9.
• County Administrator Anderson reported on a concept for a new position to
handle legislative work which could be a part-time position or a contract
position.
WRIii� �'° 14`
Being no further items to come before the Board, the meeting was adjourned at 2:14 p.m.
DATED this Day of 2019 for the Deschutes County Board of
Commissioners.
'IA -1
PHILIP G. F#NDERSON, CHAIR
ATTEST,
RECORDING SECRETARY
ATTI A AI , VICE CHAIR
ANTHONY D BOss COMMISSIONER
BOCC MEETING SEPTEMBER 25, 2019 PAGE 7 OF 7
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, SEPTEMBER 25, 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/meetfts. 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
This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues
that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
1. Consideration of Board Signature of Document Number 2019-666, Continuation of
a License Agreement Between Deschutes County, Licensor, and Mosaic Medical,
Licensee
Board of Commissioners BOCC Meeting Agenda Wednesday, September 25, 2019 Page 1
of 3
2. Consideration of Board Signature on Letters Appointing Kimberly Gilder, Jennifer
Hills, Randy Brooks, and Suzanne deTurk to the Deschutes County Behavioral
Health Advisory Board
3. Consideration of Board Signature of Letter Appointing Melanie Kebler to the Local
Public Safety Coordinating Council
4. Consideration of Board Signature of Letter Thanking Shelly Smith for Service on the
Local Public Safety Coordinating Council
5. Consideration of Board Signature on Letters Reappointing Richard Wagner and
Candace Little to the Lazy River Special Road District Board
6. Approval of Minutes of the September 18, 2019 BOCC Meeting
7. Consideration of Board Signature of Letters Appointing Members to the Wildfire
Mitigation Advisory Committee: Ken Kehmna, Roger Johnson, Joe Foran, Brian
Braddock, Geoffrey Reynolds, Glen Ardt, Martha Meeker, Tyler Neese, Brent
Landels, Karna Gustafson, Matt Van Coutren, Jim Beeger, and Jim Figursky Add -On
ACTION ITEMS
8. 10:10 AM Consideration of Board Signature of Resolution 2019-044, Rescinding
Fire Restrictions for Unprotected and Deschutes County Owned Lands
- Ed Keith, Forester
9. 10:20 AM Consideration of Board Signature of Document No. 2019-699, Denial
of Nehmzow Marijuana Production at 60148 Stirling Drive, Bend -
Isabella Liu, Associate Planner
10. 10:40 AM Consideration of Board Signature of Document No. 2019-700, an
Intergovernmental Agreement Between Deschutes County and the
City of La Pine. -James Lewis, Property Management
11. 10:50 AM Consideration of Chair Signature of Document No. 2019-718, Grant
Agreement with the Oregon Criminal Justice Commission - Holly Harris,
LUNCH RECESS to allow for attendance at the Public Health Advisory Board Meeting
from 12:15 p.m. to 1:30 p.m.
Board of Commissioners BOCC Meeting Agenda Wednesday, September 25, 2019 Page 2
of 3
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
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.
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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, September 25, 2019 Page 3
of 3
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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 September 25, 2019
DATE: September 17, 2019
FROM: Isabella Liu, Community Development,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2019-699, Denial of Nehmzow
Marijuana Production at 60148 Stirling Drive, Bend
BACKGROUND AND POLICY IMPLICATIONS:
On August 28, 2019, the Board of County Commissioners (Board) deliberated on the matter of
an appeal of an administrative approval of marijuana production (file nos. 247 -18 -000915 -AD
and 247-19-000431-A) and instructed staff to draft a denial of the marijuana production
request. The decision will be presented to the Board in person for consideration of signature
on Document No. 2019-699.
ATTENDANCE: Izze Liu, Associate Planner
STAFF MEMORANDUM
DATE: September 25, 2019
TO: Deschutes County Board of Commissioners
FROM: Izze Liu, Associate Planner
RE: Final decision denying a marijuana production proposal.
File No. 247-19-000431-A (appeal of 247 -18 -000915 -AD).
BACKGROUND INFORMATION
APPLICANT: Tommy Nehmzow
APPLICANT'S ATTORNEY: Michael Hughes, Hughes Law
OWNER: Gary and Lori Gore
APPELLANTS: Keith and Kristin Adams
APPELLANT'S ATTORNEY: Elizabeth Dickson, Dickson Hatfield, LLP
PURPOSE
The Board will consider for signature a written decision denying a request for marijuana production
at the subject property.
On August 28, 2019, the Board deliberated on this matter and voted two to one (Henderson and
Adair in favor; DeBone opposed) to overturn the Administrative Decision that approved the land
use permit application to establish a marijuana production facility on the subject property. Based
on discussions and findings at the deliberation meeting, a decision has been prepared for review
by the Board. The decision will be provided to the Board in person and will be available to the public
at the meeting as well as online.
The 150 -day period for issuance of a final local decision ends October 11, 2019.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
�Q� (541) 388-6575 @ cddgdeschutes.org @ www.deschutes.org/cd
ES
Deschutes County Health Services
Public Health Advisory Board (PHAB)
AGENDA
September 25, 2019
12:15—1:45pm
Community Board Room, Mike Maier Building
1130 NW Harriman St., Bend
Facilitator Keith Winsor, Chair
Staff Coordinator Tom Kuhn, Community Health Manager
Scribe Lisa Michael
Next Meeting October 22, 2019, Road Department, 61150 SE 27th Street, Bend
Gathering and lunch
(12:15-12:20)
Introductions and Approval of August Meeting Minutes
5 minutes — Keith Winsor (12:20-12:25)
Brief Announcements & Unfinished Business
- General announcements — All
- Reminder. • October 22nd PHAB Retreat — Tom Kuhn
10 minutes (12:25-12:35)
Health Hero Awards
10 minutes — Commissioners
(12:35-12:45)
Public Health Assessment and Planning Requirements and The
Regional Health Assessment and Planning (connecting the dots)
40 minutes — Channa Lindsay, Quality Improvement Analyst
— Jenny Faith, Epidemiologist
(12:45-1:25)
PHAB Annual Retreat & Goal Setting Dialogue with BOCC
20 minutes — Q & A
— BoCC Interests, Priorities and Expectations
— Summary & Closure (1:25-1:45)
Adjourn
Action Items:
"To promote and protect the health and safety of our community, " Updated 9/24/19