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2020-13-Minutes for Meeting September 03,2019 Recorded 1/21/2020Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal w`k* 5 C 06, 2020-13 CJ2020-13 01 /21 /2020 3:00:22 PM Do not remove this page from original document. Deschutes County Clerk Certificate Page BOARD O c �3 '> COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 10:00 AM Recorded in Deschutes County CJ2019-413 Nancy Blankenship, County Clerk Commissioners' ,journal 09/30/2019 10:35:23 AM COG 2019-413 FOR RECORDING STAMP ONLY s TUESDAY September 3, 2019 BARNES & SAWYER ROOMS Present were Commissioners Patti Adair and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Laura Skundrick, Board Administrative Assistant. CALL TO ORDER: Vice Chair Adair called the meeting to order at 10:00 a.m. ACTION ITEMS 1. CONSIDERATION OF SECOND READING: Ordinance No. 2019-012 Repealing Deschutes County Ordinance No. 2018-012 Tanya Saltzman, Associate Planner, reviewed the process up to this point, and today is the final day to submit the decision to LUBA. Commissioner DeBone supports withdrawing the previous MJ text amendments as the Opt Out vote will be before the voters in November 2020. Commissioner Adair agrees. DEBONE: Move second reading of Ordinance No, 2019-012 ADAIR: Second VOTE: DEBONE: Yes HENDERSON: Absent ADAIR: Vice Chair votes yes. Motion Carried BOC_C MEETING SEPTEMBER 3, 2019 PAGE 1 OF 6 Commissioner Adair read the title of Ordinance No. 2019-012, Repealing Deschutes County Ordinance No. 2018-012. DEBONE: Move adoption of Ordinance No. 2019-012. ADAIR: Second VOTE: DEBONE: Yes HENDERSON: Absent ADAIR: Vice Chair votes yes. Motion Carried RECESS: At the time of 10:05 a.m., the Board took a recess and reconvened the meeting in the Allen Room at 10:12 a.m. 2. Eastern Oregon Counties Association Discussion County Administrator Tom Anderson explained that Commissioner Henderson has proposed a discussion to consider enhanced engagement with the Eastern Oregon Counties Association. Commissioner DeBone mentioned the importance of the relationships with these counties, and especially around issues like land use or fuel reduction. Vice Chair Adair stated she is happy to hear those counties are contributing fair amounts. Mr. Anderson stated previous Boards of Commissioners have chosen to pay what they deem appropriate, not the requested amount based on a formula. Vice Chair Adair confirmed the September 24 meeting location is yet to be determined, but if possible a Commissioner will attend. This discussion will continue at a later date with Commissioner Henderson present. 3. Local Public Safety Coordinating Council Appointment Discussion Commissioner DeBone noted that the pending applications for consideration for one remaining citizen appointment are somewhat dated (March). Vice Chair Adair proposed deferring this discussion until Commissioner Henderson is present, and Commissioner DeBone agrees. BOCC MEETING SEPTEMBER 3, 2019 PAGE 2 OF 6 EXECUTIVE SESSION: At the time of 10:23 a.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 11:00 a.m. COMMISSIONER UPDATES • Commissioner DeBone mentioned they held State of the County with Redmond Chamber last week. • Vice Chair Adair mentioned that her COIC meetings were cancelled for this week, and she has a schedule conflict with the COACT meetings next month. OTHER ITEMS: • Ed Keith, County Forester, presented information regarding the Project Wildfire (PW) contract due to expire at the end of the month. He explained that he discussed this matter with a fair cross section of the committee, but not the entire group. Commissioner DeBone mentioned that with Commissioner Henderson not present, the goal today is sharing the information found about what this position might be. Mr. Keith continued, that from the individuals he spoke with, he heard responses that could be grouped into three categories: one third feels that the current structure works and do not recommend a change; another third was neutral: they thought some changes could benefit the group but were unsure of capacity; and the last third think there is both an opportunity and the capacity to do more work. He stated that those who were open to changes were not set on continuing on with the contractor model, and led him to believe the group is open to a change, with the understanding that this is the County's program. Commissioner DeBone stated it relates back to County Code, having an established Project Wildfire committee for the purpose of fuel reductions and community education, with income from the federal government due to the nature of the forested area, and is not funded out of the general fund. County Administrator Anderson suggested there could be several different options. If Commissioners are interested in expanding the program or work done by Mr. Keith and PW, there are options. If the Board determines an BOCC MEETING SEPTEMBER 3, 2019 PAGE 3 OF 6 amount deemed appropriate, the Committee can propose best uses. To take that further, the Board could decide to add an Assistant Forester position and continue PW as is under the contract. Mr. Anderson proposed he and Mr. Keith return to the BOCC with an outline of options and their price points. Commissioner Debone stated he's unsure of the direction to give today, and Vice Chair Adair added she knows this is important to Commissioner Henderson who could not attend today's meeting. Commissioner DeBone suggested that as it is gets into fall season, he would support an extension of the contract, given Ms. Barram's community involvement and coordination experience, and to prevent turmoil around who is leading the group this fall. Mr. Anderson inquired about the extension timeline, potentially through the end of fiscal year. Vice Chair Adair agrees with a nine month contract extension, and receiving guidance about what to do moving forward. Vice Chair Adair inquired about the fall date for half-price debris collection, and the cost difference between a half -priced day and a free day. Mr. Anderson stated the half-price day is done at a loss. Vice Chair Adair requested that Mr. Keith provide her the cost difference before next year, and Mr. Keith agreed. DEBONE: Move approval of nine month extension of Project Wildfire contract for Jodie Barram ADAIR: Second VOTE: DEBONE: Yes HENDERSON: Absent ADAIR: Vice Chair votes yes. Motion Carried • Mr. Anderson seeks direction in next steps for the contractor agreement with Will Mullins, 9-1-1 Deputy Director. He explained he had previously worked with Commissioners for guidance, and Commissioners Adair and DeBone were supportive but Commissioner Henderson was not ready at that time. Mr. Mullin's last day as a Deschutes County 911 employee is Tuesday and Commissioner Henderson is out this week. Commissioner DeBone stated that this position makes serious technological and engineering decisions, and the County needs the right person in place. Vice Chair Adair inquired about the term of the contract, and Mr. Anderson replied the contract could be BOCC MEETING SEPTEMBER 3, 2019 PAGE 4 OF 6 terminated by either party upon 30 days notice, and suggests leaving the term open ended at this time. Vice Chair Adair agreed this is a critical position, and Commissioner DeBone is supportive of the contract. Mr. Anderson stated it .is within his signing authority if the Board is supportive. He would also send an updated announcement to public safety agencies. Commissioner DeBone requested a meeting with Sara and Will, as the Board liaison, prior to the next User Board meeting September 17tn DEBONE: Move approval of contractor agreement with Will Mullins for technological consultation and assistance; set monthly retainer for 20 hours, then hourly compensation. ADAIR: Second VOTE: DEBONE: Yes HENDERSON: Absent ADAIR: Vice Chair votes yes. Motion Carried • Commissioner DeBone supports a bullet list of items for Commissioner Henderson about what was done while he is out of the office • Mr. Anderson stated he had sent Commissioners a list of proposed changes to Administration staffing, and received a reply from Commissioner Henderson. He offered to defer the conversation until Commissioner Henderson returns and Vice Chair Adair agreed to defer. Mr. Anderson stated, in the context of Commissioner Henderson's reply, that legislative work would amount to about 20% of that position and is seasonal work. Additionally, the County has a paid lobbyist, which is an existing opportunity to have boots on the ground advocating your positions in Salem. Vice Chair Adair stated it has become apparent that lobbying at the legislature is a year- round job, and the County's position on legislation needs to be communicated now and campaigned early. Commissioner DeBone agreed it can be a full time job, but with the super majority, the most recent outcomes may have been the same. Mr. Anderson suggested if the Board is interested, the lobbying budget with PacWest could be expanded as well. Vice Chair Adair stated it will be very important to get over to Salem and be seen next year. Vice Chair Adair mentioned she received calls about the recent dog attack, and if anything can be done regarding damages. County Counsel Doyle BOCC MEETING SEPTEMBER 3, 2019 PAGE 5 OF 6 stated that restitution can only be ordered by the court, and in this case, the D.A. did not charge criminally. The Dog Board handles only disposition of the dog and does not have legal authority to order or enforce restitution. Mr. Anderson provided background regarding a County dinner on Wednesday night of the annual AOC conference in November, and in the past a poll showed low interest. He stated that Commissioner Henderson has proposed having a dinner this year, so Mr. Anderson offered to poll department heads if the Board chooses. Vice Chair Adair agrees it is a good idea, Commissioner DeBone suggested it can be optional. Mr. Anderson confirmed he can offer to all, and not make it mandatory but ask for a head count. Commissioner DeBone wanted to thank the Road Department, after he reported a dead deer in his neighborhood Friday afternoon, someone came within an hour to take care of it. ;, a Being no further items to come before the Board, the meeting was adjourned at 12:00 pm, DATED this Day o ��_ 2019 for the Deschutes County Board of Commissioners, � Wi, ATTE ° Ur` RECORDING SECRETARY PHILIR G. HENDERSON, CHAIR RATTI ADAIR, VICE CHAIR ANTHONY DEBONE, COMMISSIONER BOCC MEETING SEPTEMBER 3, 2019 PAGE 6 OF 6 ES co x QQJ o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — www.deschutes.orq BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, TUESDAY, SEPTEMBER 3, 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 orq/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 ACTION ITEMS 1. 10:05 AM CONSIDERATION OF SECOND READING: Ordinance No. 2019-012, Repealing Deschutes County Ordinance No. 2018-012 - Tanya Saltzman, Associate Planner 10:15 AM RECESS and RECONVENE IN THE ALLEN CONFERENCE ROOM 2. 10:30 AM Eastern Oregon Counties Association Discussion 3. 10:45 AM Local Public Safety Coordinating Council Appointment Discussion EXECUTIVE SESSION Board of Commissioners BOCC Meeting Agenda Tuesday, September 3, 2019 Page 1 of 2 At any time during the meeting, an executive sessiomcould be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. Executive Sessions under ORS 192.660 (2) (e) Real Property Negotiations 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 192.64a 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. 135aDeschutes 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 Tuesday, September 3, 2019 Page 2 of 2 AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Meeting of September 3, 2019 DATE: August 28, 2019 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: CONSIDERATION OF SECOND READING: Ordinance No. 2019-012, Repealing Deschutes County Ordinance No. 2018-012 Staff offers to the Board of County Commissioners Ordinance No. 2019-012, which repeals Ordinance No. 2018-012, marijuana production text amendments, for consideration of second reading. MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, Associate Planner DATE: August 28, 2019 SUBJECT: Consideration of Ordinance No. 2019-012 for Second Reading Staff offers to the Board of County Commissioners Ordinance No. 2019-012, which repeals Ordinance No. 2018-012, marijuana production text amendments, for consideration of second reading. 1. OVERVIEW OF PROCESS TO DATE A public hearing for the reconsideration of marijuana text amendments was held on July 3, 2019,' after which the written record was held open until July 21, 2019. On August 7, 2019, the Board of County Commissioners held deliberations on the marijuana text amendments.z Following deliberations, the Board directed staff to prepare two ordinances for potential emergency adoption on August 19, 2019.3 During that session, Ordinance No. 2019-014, which prohibited the establishment of future marijuana production and processing businesses in unincorporated Deschutes County ("Opt Out"), was adopted by emergency. The ordinance that is the subject of this memorandum, Ordinance No. 2019-012, received a two -to -one vote in favor; first reading occurred during the August 19 Board session. II. CONSIDERATION OF SECOND READING The Board is scheduled to conduct the second reading of Ordinance No. 2019-012 on September 3, 2019, fifteen days after the first reading. 1 https://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=2368 z https•//deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=2373 3 https://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=2340 I11. TIMELINE As noted throughout the text amendment process, the Land Use Board of Appeals (LUBA) reconsideration deadline of September 3, 2019 presents significant time constraints with respect to adoption. Adoption of this ordinance on September 3 is the last possible day to do so in order to timely file the decision with LUBA. Attachments 1. Ordinance No. 2019-012 (Repeal of Ordinance No. 2018-012) Page 2 of 2 REVIEWED fa o&,— LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Repealing Deschutes County Ordinance No. 2018-012. * ORDINANCE NO.2019-012 * * WHEREAS, on October 24, 2018, the Board of County Commissioners (the "Board") adopted Ordinance No. 2018-012, revising the Deschutes County Code pertaining to marijuana production in unincorporated Deschutes County after a duly noticed public hearing on August 28, 2018; and WHEREAS, twelve petitioners appealed Ordinance No. 2018-012 to the Land Use Board of Appeals ("LUBA") on February 12, 2019 raising new arguments that were not previously presented to the Board; and WHEREAS, after reviewing the Petition for Review filed with LUBA and the new arguments and evidence contained therein, and upon recommendation of county staff, the Board directed the withdrawal of Ordinance No. 2018-012 for additional consideration pursuant to ORS 197.830(13)(b); and WHEREAS, in furtherance of the County Commissioners' direction, staff timely filed a Notice of Withdrawal with LUBA on February 28, 2019; and WHEREAS, due to the time necessary to reconsider the amendments (including the associated new arguments and evidence) and pending outcome of marijuana bills introduced during the Oregon Legislature's 2019 session, LUBA granted the County 180 days to reconsider the withdrawn ordinance rather than the standard 90 days; and WHEREAS, the Board held a duly noticed public hearing on July 3, 2019 to take public testimony from the twelve petitioners (and others) regarding Ordinance No. 2018-012; and WHEREAS, a significant portion of written and oral public testimony received during and after the July 3 public hearing requested that the Board prohibit the establishment of new marijuana businesses ("Opt Out") in unincorporated Deschutes County rather than further revising Ordinance No. 2018-012; and WHEREAS, the County Commissioners later determined that an Opt Out is the more prudent option at this time for numerous reasons, including that an Opt Out requires that the matter be referred to the Deschutes County voters at the next General Election on November 3, 2020; and WHEREAS, an Opt Out allows the Board to repeal Ordinance No. 2018-12 rather than being forced to unnecessarily expend County resources defending the constitutionality of the State of Oregon's Recreational Marijuana program pending a vote of the Deschutes County voters; and PAGE 1 OF 2 - ORDINANCE NO.2019-012 WHEREAS, regardless of the Opt Out and subsequent results of the General Election, existing marijuana businesses within the unincorporated county established prior to the adoption of Ordinance No. 2019-014 must continue to comply with all Deschutes County Code provisions in effect at the time of their land use approval; and WHEREAS, for the foregoing reasons, the Board chooses to repeal Ordinance No. 2018-012 in its entirety; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Deschutes County Ordinance No. 2018-012 is repealed in its entirety. Section 2. All Deschutes County Code regulations adopted pursuant to Ordinance Nos. 2016-013, 2016- 014, 2016-015, 2016-016, 2016-017, 2016-018 and 2016-019 and in existence prior to Ordinance No. 2018-012 shall remain in effect. Dated this of , 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary Date of 1 st Reading: Date of 2' Reading: Commissioner PHILIP G. HENDERSON, Chair PATTI ADAIR, Vice Chair ANTHONY DEBONE day of , 2019. day of , 2019. Record of Adoption Vote: Yes No Abstained Excused Philip G. Henderson _ Patti Adair Anthony DeBone Effective date: day of , 2019. PAGE 2 OF 2 - ORDINANCE NO.2019-012 TO: Board of County Commissioners Date: July 30, 2019 RE: Local Public Safety Coordinating Council Appointments FOR CONSIDERATION ON THE AUGUST 2019 BOCC MEETING AGENDA: On January 2, 2019, Ken Hales, Community Justice Director reported at a BOCC Meeting that the terms for the three citizen members had expired and requested Board direction. The Board recommended a reappointment of Shelly Smith. With the Board's direction, a recruitment for candidates to fill the remaining vacancies was posted and nine applications were received. From those nine applicants: two pulled their applications from consideration. On April 10, 2019, the Board directed staff to request letters of interest from the candidates. On May 6, 2019, the Board reviewed the applications and letters of interest and appointed Erin Taylor. One citizen appointment remains vacant. Attached to this memo are the applications received in March for the six candidates. Staff ask the Board of Commissioners for consideration of appointment of the remaining candidate or direction to proceed in filling that remaining vacancy. Thank you. Sharon Keith BOCC Executive Assistant Cc: Ken Hales, Community Justice Director 1300 NW Wall Street Bend, Oregon 97703 (541) 388-6572 board@deschutes.org (g) www.deschutes,org