2021-381-Minutes for Meeting September 08,2021 Recorded 10/5/2021w-� f S C-BOARD OF
COMMISSIONERS
1 300 I\1\N Wall Street, Bend, Oregon
(!), 4, 1) 388- 6570
Recorded in Deschutes County CJ2021-381
Steve Dennison, County Clerk
Commissioners' Journal 10/05/2021 3:55:18 PM
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2021-381
FOR RECORDING STAMP ONLY
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Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom
Anderson, County Administrator (present at 9:16 a.m.; Nick Lelack, County Administrator in Training,
David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant (via Zoom conference call).
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website www.deschutes.org/meetings
CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
Commissioner DeBone acknowledged citizen input received through email. Citizen
input can be provided to the Board in person at a meeting or through the Citizen
Input email address.
Commissioner Adair acknowledged the anniversary of 9/11 and the memory of
those lost.
BOC C MEETING TING SEP I.i MBEf2 8, 2021 PAGE 1 01- 8
Commissioner Chang commented on his appreciation of the emails received from
citizens regarding vaccine incentives.
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda.
ADAIR: Move approval of Consent Agenda
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
1. Consideration of Board Signature of Resolution No. 2021-062, Accepting
Grant Funds and Increasing Appropriations within the 2021-2022 Deschutes
County Budget, Veterans Services Department
2. Approval of Minutes of the August 30, 2021 BOCC Meeting
3. Approval of Minutes of the September 1, 2021 BOCC Meeting
ACTION ITEMS:
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY EXTENSION AND
4H SERVICE DISTRICT
4. Consideration of Board Signature of Resolution No. 2021-063, Increasing
Appropriations within the 2021-2022 Deschutes County Budget,
Deschutes County Extension and 4H Service District
ADAIR: Move approval of Resolution No. 2021-063
CHANG: Second
Discussion: Commissioner Chang asked for explanation of the need for this
process. Budget Manager Dan Emerson was present via Zoom conference
call to explain the details of this Resolution. Chief Financial Officer Greg
Munn reviewed the fund and the budget process.
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
5. Consideration of Board Signature of Document No. 2021-728, an
Intergovernmental Agreement with Central Oregon Intergovernmental
Council, Jefferson, and Crook Counties regarding Emergency
Transportation Services
Emergency Services Manager Nathan Garibay was present via Zoom
conference call to introduce the agreement for consideration.
CHANG: Move approval of Document No. 2021-725
ADAIR: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried
6. Consideration of Chair Signature of Document No. 2021-689,
Amendment to IGA with the Oregon Health Authority
Health Services staff Nahad Sadr-Azodi, Pamela Ferguson, Lana Lane and
Tom Kuhn presented the document for consideration via Zoom conference
call. The individual public health programs represented through this
intergovernmental agreement will also require consideration of limited
duration staffing position extensions to provide services covered.
CHANG: Move approval of Document No. 2021-689
ADAIR: Second
BOCC MI N: T IN IG SIP 1 IIVIBER 8, 2021 PAGE 3 OF
VOTE: CHANG: Yes
ADAIR: Yes
DEBONE: Chair votes yes. Motion Carried
Health Services has asked Human Resources Department for a special
circumstance to extend the limited duration positions for staff in the
programs. County Administrator Anderson explained the process and
protocols for limited duration positions. A formal resolution is scheduled for
an upcoming BOCC agenda to fulfill the administrative process. The request
is for an extension of six limited duration FTE for various time periods.
ADAIR: Motion to support position #2835 Supervisor Health Services for
a limited duration through June 30, 2023
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
ADAIR: Move to support position # 2841 Admin Support Tech, #2936
Supervisor Health Services, #2843 Public Health Educator II, and
#2838 and #2844 Public Health Nurse II for a limited duration
through December 31, 2022
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
CHANG: Move support of Admin Support Specialist position as a 24-
month limited duration through December 31, 2023
ADAIR: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried
Discussion: Mr. Sadr-Azodi reviewed the responsibilities of the Administrative
BOCC fVIFE1 INC, SEmPTEMBER 8, 2021 PA is 4 OF
Support Specialist position based on Commissioner Adair's request.
7. Community Development - Planning Division Staffing Request
Planning Manager Peter Gutowsky and Senior Management Analyst Sherri
Pinner reviewed the additional staff needs for long-range planning. The
department requests the creation of a principal planner and a new senior
long-range planner. Mr. Gutowsky reviewed the cost of the positions
through the department's budget. Commissioner Chang expressed support
but wants to review the department budget to assure the department has
finances to cover their services. Commissioner Adair supports the staffing
request. Commissioner DeBone commented on the growth the County has
seen and on the resources needed for upcoming projects and planning.
ADAIR: Move approval of creation of a Current Planning Principal
Planner classification and reclassify a lead senior planner
through an open internal recruitment and the addition of one
Long Range Senior Planner
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
8. Second Reading: Marijuana Retail Hours Text Amendments (Ordinance
2021-011
Sr. Long Range Planner Tanya Saltzman presented the Ordinance for the
second reading. The Ordinance first reading was held on August 25, specific
to just the retail hours, as the annual reporting text amendment was
separated into a separate ordinance.
ADAIR: Move approval of second reading of Ordinance No. 2021-011,
by title only
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone read the Ordinance into the record by title only.
CHANG: Move adoption of Ordinance No. 2021-011
ADAI R: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried
The effective date of this Ordinance is 90 days from today's date.
9. Deliberations: Marijuana Annual Reporting Text Amendments
(Ordinance No. 2021-012)
Sr. Long Range Planner Tanya Saltzman presented the new text and noted
there have been no additional comments received through the open record
period. Commissioner Adair stated she would like to keep the annual
inspections. Commissioner Chang commented on the need to use resources
to track down black market production instead of annual reporting.
Commissioner DeBone is supportive of the proposed text amendments.
Commissioner DeBone closed the written record and supported proceeding
with the first reading.
CHANG: Move approval of first reading of Ordinance No. 2021-012,
by title only
DEBONE: Second
VOTE: CHANG: Yes
ADAIR: No
DEBONE: Chair votes yes. Motion Carried
13 C C IVI1=f I ING SEP I FIVIBER 8, 2021 PAGE 6 OF 8
Commissioner DeBone read the Ordinance into the record by title only. The
Ordinance will come back to a future meeting for the second reading.
OTHER ITEMS:
• Commissioner Adair participated in the EOCA conference call yesterday. She
also reported on a Sisters Habitat for Humanity tour she attended as well as
a tour of the Neighborlmpact's facility.
• Commissioner DeBone attended the Public Safety Coordinating Council
• Commissioner Adair commented on the Commissioners tour of the
courthouse remodel on Friday.
• Commissioner DeBone noted the membership invoice with Eastern Oregon
Counties has been received and will be discussed next Wednesday.
RECESS: At the time of 10:47 a.m. the Board went into recess and reconvened at
10:54 a.m.
EXECUTIVE SESSION:
At the time of 10:54 a.m., the Board went into Executive Session under ORS 192.660
(2) (d) Labor Negotiations. The Board came out of Executive Session at 11:29 a.m.
to direct staff to proceed as discussed and to move County Administrator signature
of Document No. 2021-733
At the time of 11:29 A.M., the Board went into Executive Session under ORS 192.660
(2) h) Litigation. The Board came out of Executive Session at 12:37 p.m. to direct
staff to proceed as discussed.
At the time of 12:38 p.m. the Board went into Executive Session under ORS 192.660
(2) (f) to consider information exempt from disclosure. The Board came out of
Executive Session at 1:39 p.m.
BOCC: MEETING iNG SEP [ !ViBER 8, 2021 P/`,G 7 OF 8
FIVIRS111,111 0 1
Being no further items to come before the Board, the meeting was adjourned at 1:39 p.m.
DATED this -2 1 Day of -k"4 2021 for the Deschutes County Board of
Commissioners.
ATTEST,"
RECORMING SECRETARY
ANTFI'MNY DEr ONE, C-HAIIIIIR
PHIII'l CHAN( ., VhCE CHAM
PA-m ADAIIR, 1. 0h[fM1,','SSI.'0NER
130CC MEFTING SE'PTEIVIBER 8, 2021 PAGE 8 OF 8
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2
BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, SEPTEMBER 08, 2021
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.or
MEETING FORMAT
In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued
Executive Order 20-16 (later enacted as part of HB 4212) directing government entities to utilize
virtual meetings whenever possible and to take necessary measures to facilitate public
participation in these virtual meetings. Since May 4, 2020, meetings and hearings of the
Deschutes County Board of Commissioners have been conducted primarily in a virtual format.
Attendance/Participation options include: A) In Person Attendance and B) Live Stream
Video: Members of the public may still view the BOCC meetings/hearings in real time via the
Public Meeting Portal at www.deschutes.org/meetings.
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to
comment on any meeting topic that is not on the current agenda. Citizen Input is provided by
submitting an email to: citizeninput@deschutes.org or by leaving a brief voice message at 541-
385-1734, or through in -person attendance at the meeting. Email and Voice Mail citizen input
received by 8:00 a.m. before the start of the meeting will be included in the meeting record.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via
Zoom meeting. The Zoom meeting id and password will be included in either the public hearing
materials or through a meeting invite once your agenda item has been included on the
agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the
waiting room. Once you are ready to present your agenda item, you will be unmuted and placed
in the spotlight for your presentation. If you are providing testimony during a hearing, you will be
placed in the waiting room until the time of testimony, staff will announce your name and unmute
your connection to be invited for testimony. Detailed instructions will be included in the public
hearing materials and will be announced at the outset of the public hearing.
For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as
well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public-
hearing-notices.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: For items not on this Agenda
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be
timely, citizen input must be received by 8:00am on the day of the meeting.
CONSENT AGENDA
Consideration of Board Signature of Resolution No. 2021-062 Accepting Grant Funds
and Increasing Appropriations within the 2021-2022 Deschutes County Budget, Veterans
Services Department
2. Approval of Minutes of the August 30, 2021 BOCC Meeting
3. Approval of Minutes of the September 1, 2021 BOCC Meeting
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY EXTENSION AND 4H SERVICE
DISTRICT
4. Consideration of Board Signature of Resolution No. 2021-063 Increasing Appropriations
within the 2021-2022 Deschutes County Budget, Deschutes County Extension and 4-H
Service District
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
ACTION ITEMS
5. 9:15 AM Consideration of Board Signature of Document No. 2021-728, an
Intergovernmental Agreement with Central Oregon Intergovernmental Council, Jefferson
and Crook Counties regarding Emergency Transportation Services
6. 9:30 AM Consideration of Chair Signature of Document No. 2021-689, Amendment to
IGA with the Oregon Health Authority
7. 9:50 AM Community Development- Planning Division Staffing Request
8. 10:10 AM Second Reading: Marijuana Retail Hours Text Amendments (Ord. No. 2021-
011)
9. 10:15 AM Deliberations: Marijuana Annual Reporting Text Amendments (Ordinance No.
2021-012)
LUNCH RECESS
September 08, 2021 BOARD OF COUNTY COMMISSIONERS MEETING 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.
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.
10. Executive Sessions under ORS 192.660 (2) (d) Labor Negotiations and ORS 192.660 (2) (h)
Litigation
ADJOURN
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.
September 08, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
1
ES
COMMISSIONERS
MEETING DATE: September 8, 2021
SUBJECT: Community Development - Planning Division Staffing Request
RECOMMENDED MOTION:
Move approval to create a Current Planning Principal Planner Classification and reclassify a lead
senior planner through an open internal recruitment and the addition of one (1) Long Range
Senior Planner.
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Division consists of two operational areas: Current Planning and Long Range
Planning. The purpose of this request is to create of a principal planner classification in Current
Planning and the addition of one (1) Long Range Senior Planner to expand capacity within the
division. During the August 11 th presentation of the Planning Division Work Plan update to the
Board of County Commissioners (Board) there was discussion and interest in creating additional
capacity to ensure long-range staff implements Board priorities.
BUDGET IMPACTS:
The increased cost of reclassifying a lead senior planner to a principal planner has yet to be
determined but is anticipated to be nominal. The total cost of the long range senior planner is
estimated at $117,000 to cover the fully loaded rate ($112,000) and computer, equipment and
training ($5,000).
ATTENDANCE:
Peter Gutowsky - Interim Planning Director
Sherri Pinner - Senior Management Analyst
MEMORANDUM
TO: Deschutes County Board of Commissioners
Tom Anderson, County Administrator
Nick Lelack, AICP, County Administrator
FROM: Peter Gutowsky, AICP, Planning Manager
Sherri Pinner, Sr. Management Analyst
DATE: September 8, 2021
SUBJECT: Community Development Planning Division Staffing Discussion
SUMMARY
The Planning Division consists of two operational areas: Current Planning and Long Range Planning.
The purpose of this memorandum is to request the creation of a principal planner classification in
Current Planning and the addition of one (1) FTE in Long Range Planning to expand capacity within the
division. During the August 11 th presentation of the Planning Division Work Plan update to the Board of
County Commissioners (Board) there was discussion and interest in creating additional capacity to
ensure long-range staff implements their priorities.
Specifically, the Division proposes to:
Create a principal planner classification in Current Planning to assume duties currently
performed by a lead senior planner and planning manager, including staff supervision and
evaluation. The position will be filled through a reclassification of a current lead senior planner
by means of an internal open recruitment.
• Add one (1) full time regular long range senior planner to expand staffing capacity to ensure the
Board's land use policy priorities are initiated.
II. Current Planning Section / Principal Planner Classification
Current Planning is responsible for reviewing land use applications for compliance with Deschutes
County Code (DCC) and state law, including zoning, subdivision and development regulations. It
continues to grow in both number of staff (11 FTE) and application volume and complexity. Creating a
principal planner classification will allow the Planning Manager time to focus more time with Long
Range Planning. If approved, the Community Development Department (CDD) will work closely with
Human Resources to create the principal planner classification. Once created, one (1) existing lead
senior planner position will be reclassified as the principal planner through an open internal
recruitment.
CDD Requests:
Approval to create a principal planner classification and reclassify a lead senior planner through an
open internal recruitment in current planning.
III. Long Range Planning Work Plan Projects
Long Range Planning develops and implements land use policy with the Board, Planning
Commission, community and partner organizations. It is in charge of updating the Comprehensive
Plan and zoning regulations and coordinating with cities and agencies on various projects
throughout the region. CDD's Long Range Planning FY 2021-22 Work Plan's purpose is to ensure
that long-range staff implements the Board's land use policy priorities within its available capacity
and resources. The following summarizes projects that are highest priority, ongoing, and to be
initiated for Board consideration.
Highest Priority Projects:
• SB 391 - Rural ADU's - Begin regularly coordinating with the Board to clarify elements of the bill.
• SB 762 - Wildfire Mitigation - Provide regular updates relating to statewide wildfire risk mapping,
defensible state standards and building code guidelines.
• Cannabis Advisory Panel - Participate on the advisory panel, as needed.
• Comprehensive Plan Update - Develop scope, schedule and budget for a consultant to initiate a
multi -year process to update the plan.
• Housekeeping and Legislative Amendments - Ensure DCC complies with state law.
• Transportation Growth Management (TGM) Grant - Updates the Tumalo Community Plan and
implement the rural trails portion of the Sisters Country Vision Action Plan.
• Wildlife Inventory Update - Present Goal 5 Wildlife Inventory Update and determine options for
including the inventories into the Comprehensive Plan Update.
Ongoing Projects:
• Applicant Initiated Nonresource Land Amendments - Timely process applicant -initiated plan
amendment, zone changes, and/or text amendments.
• Campgrounds, RV's, Manufactured Home Parks - Discuss options for next steps.
• City of Bend - Coordinate with the city to amend the City of Bend UGB to implement HB 4079.
• City of La Pine Coordination - State will notify the County in September of the City's grant
application. Staff will update the Board in October.
• City of Redmond Coordination - Coordinate with the city to continue participating in the
implementation of their Comprehensive Plan Update.
• City of Sisters Coordination - Continue participating in the implementation of Sisters Country
Vision Plan and Comprehensive Plan update.
• Growth Management Committees - Attend monthly and annual committee meetings.
• Historic Preservation - Administer Certified Local Government Grant.
-2-
• Marijuana Retail Hours & Annual Inspection Amendments - The Board directed staff to initiate
legislative amendments to 1) extend the permitted hours for marijuana retail businesses and
2) modify marijuana annual reporting requirements.
• Ongoing Coordination Projects - Portland State University Annual Population Estimate, Marijuana
Annual Reporting and Inspections, and Destination Resort Overnight Lodging Unit Annual
Reporting.
• Rural Economic Development - The Board asked staff to prepare a white paper on rural
economic development opportunities in Deschutes County.
• Transportation System Plan (TSP) Update - Coordinate the County TSP update with the Road
Department and ODOT.
Projects Not Yet Initiated:
• Bend Airport - Update and adopt the Bend Airport Master Plan and amend the Comprehensive
Plan and Development Code to incorporate implementation measures to allow new airport -
related businesses.
• Community Plans - Engage Terrebonne, and Newberry Country residents to determine if
community plans should be updated.
• Comprehensive Plan Update - The FY 2021-22 County Budget appropriated $150,000 for
consultant services to assist with the Comprehensive Plan Update. Staff intends to initiate a
Request for Proposal (RFP) in winter or spring 2022 to hire a consultant and initiate the Update.
• Legislative Session - Participate in legislative or rulemaking work groups to shape state laws to
benefit Deschutes County.
• Zoning Text Amendments - DCC to allow or address various land use topics.
CDD Requests:
The addition of one (1) full time regular senior planner in the long range planning division to create
capacity to implement Board priorities.
IV. FINANCIAL IMPACT
The increased cost of reclassifying a lead senior planner to a principal planner has yet to be determined
but is anticipated to be nominal. The total cost of the long range senior planner is estimated at
$117,000 to cover the fully loaded rate ($112,000) and computer, equipment and training ($5,000).
Based on the most recent fee increase(s), CDD proposes it likely can absorb the financial impact in the
current fiscal year. Funding for next fiscal year and beyond will require additional discussion and
strategy.
Options to cover deficit in future years:
• Fee increase(s).
• General Fund - amount to be determined at the end of fiscal year based on division deficit or
actual cost of position, whichever is less.
• Department reserve funds - amount to be determined at the end of fiscal year based on division
deficit or actual cost of position, whichever is less.
• Any combination of the above.
-3-
V. BOARD DIRECTION
1. Approve/deny the creation of a principal planner classification and reclassification of a lead
senior planner through an open internal recruitment.
2. Approve/deny the addition of one (1) long range senior planner.
-4-
BOARD OF
COMMISSIONERS
MEETING DATE: September 8, 2021
SUB ECT: Deliberations: Marijuana Annual Reporting Text Amendments (Ord. No. 2021-
012)
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners will continue deliberations on proposed text
amendments to modify marijuana annual reporting requirements. The Board held a public
hearing on August 25 concerning Ordinance No. 2021-011, legislative amendments to 1)
extend the permitted hours for marijuana retail businesses and 2) modify marijuana annual
reporting requirements. During deliberations, the Board chose to decouple the two
components of Ordinance No. 2021-011. The portion of the original text amendment
package concerning marijuana annual reporting has been repackaged into a new ordinance
(Ordinance No. 2021-012) for the Board's separate consideration here.
BUDGET IMPACTS:
None.
ATTENDANCE:
Tanya Saltzman, Senior Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: September 2, 2021
SUBJECT: Deliberations: Marijuana Annual Reporting Text Amendments
The Board of County Commissioners (Board) will continue deliberations on proposed text
amendments to modify marijuana annual reporting requirements. The Board held a public hearing
on August 25 concerning Ordinance No. 2021-011, legislative amendments to 1) extend the permitted
hours for marijuana retail businesses and 2) modify marijuana annual reporting requirements.'
During deliberations, the Board chose to decouple the two components of Ordinance No. 2021-011.
The amendments addressing the extension of marijuana retail hours were maintained in Ordinance
No. 2021-011 (provided to the Board as a separate agenda item). The other half of the original text
amendment package concerning marijuana annual reporting has been repackaged into a new
ordinance (Ordinance No. 2021-012) for the Board's separate consideration here.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department
of Land Conservation and Development (DLCD) on June 9, 2021. Staff initially brought these issues to
the Planning Commission for a preliminary discussion on May 13,2 and had a subsequent discussion
with the Board of County Commissioners on May 24,3 at which time the Board directed staff to initiate
the text amendment process. Staff held a public hearing before the Planning Commission on July 22,
2021, at which time the Planning Commission recommended approval with minor clarifications to
the annual reporting language that were noted in the public hearing memorandum. A summary of
the proposed amendments and background information was provided to the Board in the packet
submitted for its August 18, 2021 work session.'
S https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-4
z https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2770
3 https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2701
4 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-40
I. PROPOSAL
The proposed text amendments, which have been modified per the Board's request during
deliberations, now read as follows:
DCC 18.116.330(D)(1): Adds text to state "An annual report is required unless the approved
applicant has (a) secured a license from OLCC; (b) operated through at least one growing
season, and (c) obtained a passing inspection from the Community Development
Department. Thereafter, mandated annual reporting is not applicable unless the license
is modified, in which case annual reporting is required until (a), (b), and (c) are once again
satisfied. An annual report shall be submitted to the Community Development Department..."
(new text indicated in bold type).
For reference, the language originally presented for the public hearing read "if directed by
the Board of County Commissioners, an annual report shall be submitted..." Reasons for
the proposed language change are provided below.
II. BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING - PUBLIC TESTIMONY
Three individuals provided written testimony concerning annual reporting:
• Bracelin
• Hayes
• Pate
Their testimony is part of the record that has been provided to the Board and available to the public.
All testimony was in favor of changing annual reporting requirements —and in some cases, removing
the requirement entirely —and providing more specificity, largely for the following reasons:
• Need for predictability - "Either you should have to file an annual report or you shouldn't."
(Bracelin)
Redundancy with OLCC inspections - "I think the big takeaway is that those of us that are
OLCC licensed are following the rules, and OLCC is holding us accountable. It seems
redundant to put additional requirements on the County and business owners for annual
inspections." (Pate)
• Record of 100 percent compliance - "Like all other license holders, I have met and exceeded
the expectations of the county." (Hayes)
• Existing complain -driven model applies to other land uses in the County.
Page 2 of 3
111. BOARD OF COUNTY COMMISSIONERS DELIBERATIONS
After receiving public testimony, the Board began deliberations. During this process, the Board
discussed the option of removing annual reporting requirements entirely; the Board also considered
requiring annual reports/site visitsjust once following initial licensure. Staff, in coordination with legal
counsel, has provided the new language summarized above and included as Exhibit A for the Board's
consideration during continued deliberations.
Attachments:
1. Draft Ordinance No. 2021-012
2. Corresponding Exhibits to Ordinance No. 2021-012:
Exhibit A - DCC Chapter 18.116, Supplementary Provisions
Exhibit B - Findings
Page 3 of 3
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Deschutes County Zoning, to Modify
Marijuana Annual Reporting Requirements. * ORDINANCE NO. 2021-012
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-21-000579-TA) to the Deschutes County Code (DCC) Title 18, Chapter 18.116,
Supplementary Provision; to modify marijuana annual reporting requirements; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on July 22,
2021 and forwarded to the Deschutes County Board of County Commissioners ("Board") a unanimous
recommendation of approval pending minor clarifications to the proposed language; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on August 25, 2021 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in
Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in +•-ike
PAGE 1 OF 2 - ORDINANCE NO.2021-012
Section 2. FINDINGS. The Board adopts as its findings, Exhibit "B" attached and incorporated by
reference herein.
Dated this of 12021 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PHILIP CHANG, Vice Chair
ATTEST:
Recording Secretary PATTI ADAIR
Date of I" Reading: day of , 2021.
Date of 2" d Reading: day of , 2021.
Commissioner
Anthony DeBone
Philip Chang
Patti Adair
Effective date:
Record of Adoption Vote:
Yes No Abstained Excused
day of 12021.
PAGE 2 OF 2 - ORDINANCE NO.2021-012
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.330 Marijuana Production, Processing, Retailing, and Wholesaling
D. Annual Reporting
1. Aii aimual report is rcouired uri1css the approved _aDDliCant_17as ( ) secured a ficensc, front tttc
ol�et,_itcd tiiiog h_<t_lc �st_one . owii , season. allot (c)_obtr_rr7ed a11a, silk iilsl)cction fi-orrr
tile_Corrimunity l c�elo n�er�t tLet��rtn�eni�. "�hcrc aft t r7�and rtcd anr�u it i_cl?�rtrr7 vis not_ Iicable:
unless the license N modific_d, rrr whictr case a iiinial_tel,)ortinr;rs re<lurred, Whit Laj� i�<tr7ci ()_ar-c-
one e �r<im ati rrc�d_An annual report shall be submitted to the Community Development
Department by the real property owner or licensee, if different, each February 1, documenting all of
the following.as of December 31 of the previous year, including the applicable fee as adopted in the
current County Fee Schedule and a fully executed Consent to Inspect Premises form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
iii. State of Oregon licensing requirements.
b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to
demonstrate compliance with DCC 18.116. 330(C)(1)(a) shall serve as acknowledgement by
the real property owner and licensee that the otherwise allowed use is not in compliance with
Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied
upon by the State of Oregon to deny new or license renewal(s) for the subject use.
c. Other information as may be reasonably required by the Planning Director to ensure
compliance with Deschutes County Code, applicable State regulations, and to protect the public
health, safety, and welfare.
d. Marijuana Control Plan to be established and maintained by the Community Development
Department.
e. Conditions of Approval Agreement to be established and maintained by the Community
Development Department.
f. This information shall be public record subject to ORS 192.502(17).
(CLrd__Zf)? i._-01 2 si 2021 Ord. 2021-004 §7, 2021; Ord. 2020-007 §16, 2020; Ord. 2019-012, 2019; Ord.
2018-012 §3, 2018; Ord. 2016-015 §10, 2016)
Chapter 18.116 -1- (9/2021)
EXHIBIT A to ORDINANCE NO. 2021-012
FINDINGS
1. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The changes are as
follows:
DCC 18.116.330(D)(1): Adds text to state "An annual report is required unless the approved applicant has
(a) secured a license from the OLCC; (b) operated through at least one growing season, and (c) obtained a
passing inspection from the Community Development Department. Thereafter, mandated annual
reporting is not applicable unless the license is modified, in which case annual reporting is required until
(a), (b), and (c) are once again satisfied. An annual report shall be submitted to the Community
Development Department..." (new text indicated in bold type).
II. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan amendment.
Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the
amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan.
A. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for the Board public
hearing.
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post
acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35-day
notice was initiated on June 9, 2021. The Planning Commission held a public hearing on July 22, 2021 and the
Board of County Commissioners will hold a public hearing on August 25, 2021. The Findings document provides
the adequate factual basis for the amendments.
Goal 3: Agricultural Lands: The proposed amendments do not make changes regarding marijuana's status as a
farm crop, or the appropriate location of commercial grow sites and processing operations, and therefore
continue to support Statewide Goal 3, to preserve and maintain agricultural lands. The proposed amendments to
the County Code are consistent with these provisions of state law and are therefore consistent with Goal 3.
Goal 4: Forest Lands: The proposed text amendments do not propose to change the County's Plan policies or
implementing regulations for compliance with Goal 4, and therefore are in compliance.
Goal 5. Open Spaces Scenic and Historic Areas and Natural Resources: Complies because the text amendment
does not propose to change the County's Plan policies or implementing regulations for Goal 5 open spaces, scenic
and historic areas, and natural resources.
Goal 6: Air Water and Land Resources Quality: The proposed text amendments do not propose to change the
County's Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance.
Page 1 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-012
Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to change
the County's Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in
compliance.
Goal 8: Recreational Needs: Complies because the text amendment does not propose to change the County's Plan
or implementing regulations regarding recreational needs.
Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic analysis and economic
development planning required in urban Comprehensive Plans. The proposed amendments apply to rural lands
but do not propose to amend the Comprehensive Plan. Nevertheless, changing the reporting requirements will
not have a direct effect on the economy of the state.
Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated
to fulfill certain housing requirements.
Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to change the
County's Plan or implementing regulations regarding public facilities and services.
Goal 12: Transportation: The proposed text amendments do not propose to change the County's Plan or
implementing regulations regarding the Transportation System Plan; therefore, they are in compliance.
Goal 13: Energy Conservation: Complies because the text amendments do not propose to change the County's
Plan or implementing regulations regarding energy conservation.
Goal 14: Urbanization: Complies because the text amendments do not propose to change the County's Plan or
implementing regulations regarding urbanization.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does not contain
these types of lands.
D. Deschutes County Comprehensive Plan
Chapter 1 Comprehensive Planning: This chapter sets the Goals and Policies of how the County will involve the
community and conduct land use planning. As described above, the proposed regulations will be discussed at
work sessions with the Board of County Commissioners, as well as to the Planning Commission, which is the
County's official committee for public involvement. Both will conduct separate public hearings.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies. Goal 1 of this
section is to "maintain an open and public land use process in which decisions are based on the objective
evaluation of facts." Staff, the Planning Commission, and the Board reviewed the text amendments.
Chapter 2 Resource Management: This chapter sets the Goals and Policies of how the County will protect
resource lands, including but not limited to, Agriculture and Forest as well as Water Resources and Environmental
Quality.
Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural lands and
the agricultural industry." Changing annual reporting requirements for existing marijuana production and
processing businesses will not have a direct effect on the agricultural lands they may operate on.
Page 2 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-012
Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector. Policy 2.2.10 calls for the
promotion of economically viable opportunities and practices while Policy 2.2.11 encourages small farming
enterprises including but not limited to, niche markets and organic farming and valued -added projects. The
proposed text amendments do not change existing marijuana businesses' ability to operate as a revenue
generating agricultural businesses.
Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are consistent with local and
emerging agricultural conditions and markets. As noted above, the proposed amendments only impact
reporting aspects of marijuana recreational production and processing businesses, not agricultural conditions
and markets.
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