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2021-470-Minutes for Meeting November 01,2021 Recorded 12/8/2021vT ES C0 G2� BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 • NOTGUN 1/ Recorded in Deschutes County CJ2021-470 Steve Dennison, County Clerk Commissioners' Journal 12/08/2021 10:38:37 AM �\�� �� �°� II I I I III I I"I II I I IIIII II III I III 2021-470 MONDAY November 1, 2021 FOR RECORDING STAMP ONLY Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick Lelack, County Administrator; David Doyle, County Counsel; and Sharon Keith, BOCC 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 1:00 p.m. PLEDGE OF ALLEGIANCE ACTION ITEMS: 1. Statewide Transportation Improvement Fund (STIF) Update Deputy County Administrator Whitney Hale introduced the item. Andrea Breault, Transportation Director for COIC, and Ashley Mohni, Strategic Programs and Partnerships Coordinator for Cascades East Transit presented the update on the STIF projects. A pilot fixed route project is being planned within Redmond and anticipated to begin in the summer of 2022. Under BOCC MEETING NOVEMBER 1, 2021 PAGE 1 OF 6 consideration is a shuttle service from Redmond and/or Terrebonne to Smith Rock State Park. 2. Discussion regarding converting 1.0 Administration (Internal Audit) Limited Duration FTE to Regular Duration FTE within Fiscal Year 2021- 2022 Deschutes County Budget Internal Auditor David Givans reported the job posting for a limited duration performance auditor has not received any applications. This year, the Budget Committee approved a limited duration rather than a regular status position. Mr. Givans is requesting to change that posting to a regular status position in the hopes of securing viable candidates. The Board expressed support. 3. Department Performance Measure Updates for Q1 Depi!ty Cm Intl/ Ariministratnr Whitnev Hale introduced the department measures regarding the safe community goal to protect the community through planning, preparedness, and delivery of coordinated services. Ashley Beatty, Victims Assistance Program Manager (via Zoom) reported on positive feedback received through a survey related to services provided to crime victims upon case closure. Lee Randall, Facilities Director presented an update on the Public Safety Campus Master Plan. Holly Harris, Crisis Services Program Manager reported on the forensic diversion program, and Mobile Crisis Team pilot program. Deevy Holcomb, Community justice Manager reported on a cognitive behavioral group program offered to participants through Adult Parole and Probation and juvenile justice. BOCC MEETING NOVEMBER 1, 2021 PAGE 2 OF 6 Sara Crosswhite, 911 Director and Chris Perry, 911 Operations Manager (via Zoom) provided an update on the Deschutes County Alerts system. 4. American Rescue Plan Funding Update Chief Financial Officer Greg Munn presented the ARPA Update. Holly McLane and Dana Martin with the 1017 Project presented the mission of providing high quality beef to local food banks. The 1017 Project has requested $50,000 of ARPA funding. ADAIR: Move to allocate $50,000 of ARPA funds to the 1017 Project CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioner Chang asked that the High Desert Food and Farm Alliance to prOVide a precentatiOn On their Gi\/P anri (-,r(1W program (rPgl lPCting V;n,nnn of ARPA funds). General discussion by Commissioners relative to services provided to our community, the cost of living, and labor shortages. Mr. Munn presented additional eligible project requests for funding. The Board supports setting $6 million aside for affordable housing project consideration. In relation to providing services to the community, Commissioner DeBone acknowledged the Lord's Acre event this weekend in Powell Butte. The ARPA update will continue this Wednesday. BOCC MEETING NOVEMBER 1, 2021 PAGE 3 OF 6 5. Discussion of the 2021-23 Illegal Marijuana Market Enforcement Grant Program (IMMEGP), its purposes and planned appropriations to be presented in the form of an upcoming resolution to the Board of County Commissioners Kathleen Meehan Coop, District Attorney's Office Management Analyst, presented via Zoom and requested approval to accept the grant funding for 2'/2 years to focus on work done on the illegal marijuana market in Deschutes County. The application for the grant was submitted by the District Attorney's Office, the Deschutes County Sheriff's Office, and the Bend Police Department. The Board supported accepting the grant; a Resolution is set for consideration the Wednesday meeting agenda. Commissioner DeBone suggested that the printed material associated with this agenda item be shared with the Cannabis Advisory Panel. Community Development Director Peter Gutowsky will see that the material is sent to the Panel. 6. Fee Waiver Request / Yreka Butte Enterprises Community Development Department Director Peter Gutowsky presented the fee AIM. der regNiect frnm Vreka RE,Itto EntPrnrICPC to ectahlich A [I Irface mine operation near Hampton. Staff recommends denial of the request. CHANG: Move to deny the fee waiver request of Yreka Butte Enterprises ADAIR: Second Discussion: Commissioner DeBone acknowledged the land use nature of the request and the criteria required by the State of Oregon VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 7. Wildlife Inventory Update - Continued Discussion of Options Community Development Department Sr. Planner Tanya Saltzman presented the three options for the Board to consider. Ms. Saltzman noted each inventory update will include a series of virtual open houses and explained BOCC MEETING NOVEMBER 1, 2021 PAGE 4 OF 6 the length of time for each inventory update. Community Development Department Director Gutowsky acknowledged the staff time required for the project and the department's work plan. Commissioner DeBone expressed support of option one to proceed with a single species or option three to initiate the wildlife inventory update following the completion of the comprehensive plan update. Commissioner Adair supports including the mule deer in the inventory. Commissioner Chang stated ODFW has count data and Deschutes County does not need to count deer. ADAIR: Move approval of the wildlife inventory to include mule deer in Deschutes County CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried vTi ER 1TEMS: County Administrator Lelack gave an update on the City of Bend's request for Deschutes County to organize and operate a managed homeless camp on City of Bend owned property. Staff do not recommend moving forward with this request but recommend the City connect with a contractor. Commissioner Chang appreciates staff concern but feels Deschutes County could contract the services out to a group that has the expertise. Commissioner DeBone advocates for the success of this type of camp and supports finding an operator to make it successful. Commissioner Adair supports finding an operator but as it is on City of Bend land it should be through the City of Bend but Deschutes County will offer fiscal assistance. The Board expressed a No Thank You on the request to contract but is supportive of allocating ARPA funds. Commissioner Chang, Holly Harris and Janice Garceau met with St Charles staff to request an investment for the stabilization center. St. Charles was not supportive at this time. • Commissioner Adair reported on the Central Oregon Area Commission on Transportation meeting last Thursday. BOCC MEETING NOVEMBER 1, 2021 PAGE 5 OF 6 EXECUTIVE SESSION: At the time of 4:28 p.m. the Board went into Executive Session under ORS 192.660 (2) (f) documents exempt from disclosure. The Board came out of Executive Session at 4:28 p.m. At the time of 4:28 p.m. the Board went into Executive Session under ORS 192.660 (2) (a) Consideration of Employment. The Board came out of Executive Session at 4:55 p.m. At the time of 4:55 p.m. the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 5:09 p.m. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 5:09 p.m. DATED this Dav of 2021 for the Deschutes County Board of Commissioners. ANTHONY:OCHAIR PHIL CHANG, VICE CHAIR IRMA - PATTI ,D RECORDING SECRETARY BOCC MEETING NOVEMBER 1, 2021 PAGE 6 OF 6 '�v"(E S coG�� BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 1:00 PM, MONDAY, NOVEMBER 01, 2021 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 1 www.deschutes.org AGENDA 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. Effective June 30, 2021, COVID-based restrictions have been discontinued. 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 voice message at 541-385-1734. Citizen input received by 12:00 noon on Tuesday will be included in the meeting record for topics not on the Wednesday agenda. 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 PLEDGE OF ALLEGIANCE CALL TO ORDER ACTION ITEMS 1:00 PM Statewide Transportation Improvement Fund (STIF) Update 2. 1:30 PM Discussion regarding converting 1.0 Administration (Internal Audit) Limited Duration FTE to Regular Duration FTE within Fiscal Year 2021-2022 Deschutes County Budget 3. 1:35 PM Department Performance Measure Updates for Q1 4. 2:20 PM American Rescue Plan Funding Update 5. 2:50 PM Discussion of the 2021-23 Illegal Marijuana Market Enforcement Grant Program (IMMEGP), it's purposes and planned appropriations to be presented in the form of an upcoming resolution to the Board of County Commissioners. 6. 3:05 PM Fee Waiver Request / Yreka Butte Enterprises 7. 3:20 PM Wildlife Inventory Update - Continued Discussion of Options 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. 8. Executive Session under ORS 192.660 (2) (f) Consideration of Documents Exempt from Disclosure ADJOURN November 01, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 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. November 01, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 MEETING DATE: BOARD OF COMMISSIONERS November 1, 2021 SUBJECT: Statewide Transportation Improvement Fund (STIF) Update BACKGROUND AND POLICY IMPLICATIONS: State legislation passed in 2017 created a funding mechanism called the Statewide Transportation Improvement Fund (STIF). STIF is designed to expand public transportation service in Oregon. Because we do not have a mass transit district or transportation district, Deschutes County receives STIF revenue directly. STIF is funded through a state payroll tax equal to one -tenth of one percent. The tax is collected by the Oregon Department of Revenue and distributed back to the communities in which it was collected. Following Board approval in January, staff submitted Deschutes County's proposed STIF projects for the 2021-23 biennium to ODOT. ODOT approved the CounVs FY 2021-23 STIF application and plan. On Nov. 1, staff from Central Oregon Intergovernmental Council will provide an update on 2021-23 STIF projects. Additional information on those projects is included in the attached staff report. BUDGET IMPACTS: STIF revenue estimates were included in the FY 2022 Budget. ODOT estimates that the County will receive $3,580,322 in FY2022 and $ 3,772,946 in FY2023. ATTENDANCE: Andrea Breault, Transportation Director, Cascades East Transit Ashley Mohni (Hooper), Strategic Programs and Partnerships Coordinator, Cascades East Transit Whitney Hale, Deputy County Administrator, Deschutes County Central Oregon Wergovernmental Council 334 NE Hawthorne Ave. Bend, OR 97701 541-548-8163 www.coic.org Memorandum To: Deschutes County Board of County Commissioners From: Andrea Breault, Transportation Director of Cascades East Transit Date: November 1, 2021 Re: 2021-2023 Statewide Transportation Improvement Fund (STIF) Update Background COIC administers the Deschutes County Statewide Transportation Improvement Fund (STIF) program that was created with the passage of House Bill 2017. The second STIF cycle allows COIC to: 1) transfer unused funds from the 2019-2021 biennium to the current biennium, 2) fund continued operations, as opposed to new service. CET will allocate a portion of the STIF funds to increase wages (drivers, dispatch, and Call Center staff) to address the labor shortage. STIF Project Updates ❖ Planning underway for increased frequency along 3rd Street and Greenwood in Bend (two vehicles procured) ❖ Completed the second summer season of Route 31 (La Pine to Sun river) —doubled last year's ridership ❖ Bus stop design and construction for new northeast and southeast Bend routes is 40% complete (two vehicles ordered and expected to be delivered soon) ❖ Additional security services at Hawthorne Station ❖ Launch of the Sisters Shopper Shuttle in January 2021 ❖ Mobility Hubs: CET is working closely with the City of Bend's Core Area Manager to engage with developers and landowners and identify property for the City's first Mobility Hub. The Deschutes Library has expressed interest in potentially hosting the second 2021-2023 STIF Projects Project Cost Continued Service Operations - CET $4,000,000 Mobility Hub Purchase & Match Funds - CET $2,000,000 STIF Admin, Support, and Marketing - CET $1,500,000 CET Local Match Funds - CET $1,000,000 Fare Revenue Recovery Fund - CET $750,000 Communications and Outreach - CET $100,000 Bend -Klamath Falls Service - Pacific Crest $518,000 2021-2023 Biennium Estimated Funds Available $7,245,611 Total Cost 1 $9,868,000 mobility hub at the new location in northwest Bend. Estimated remaining 2019-2021 biennium funds are included in ❖ Bus stop design for the City of Redmond deviated the 2021-2023 total project costs service is 60% complete. Schedules are being drafted and service is anticipated to begin in the summer of 2022. Ridership Comparision (Jan -Sept) 300,000 262,597 250,000 200,000 168,812 150,000 103,726 95,494 98,340 100,000 64,723 56,534 50,000 24,17013,610 12,586 0 Bend Fixed- Community Bend Dial -A- Rural Dial -A- Recreational Routes Connectors Ride Ride Routes 2019 0 2021 STF/STIF Consolidation The Oregon Transportation Commission endorsed the Special Transportation Fund (STF)/STIF Consolidation Plan in November 2019 to reduce redundancy and increase administrative efficiency. Consolidation is expected to occur in summer 2022 and is not anticipated to impact available funding allocations for transit services in Central Oregon. GO Bond CET is working with the City of Bend to ensure funds dedicated to transit are supporting mobility hub development and high capacity transit corridors. le 0�E S c-0 o MEETING DATE: BOARD OF COMMISSIONERS November 1, 2021 SUBJECT: Discussion regarding converting 1.0 Administration (Internal Audit) Limited Duration FTE to Regular Duration FTE within Fiscal Year 2021-2022 Deschutes County Budget RECOMMENDED MOTION: Future approval of forthcoming Resolution 2021-077 converting 1.0 Administration (Internal Audit) Limited Duration FTE to Regular Duration FTE in support of the County's Internal Audit Program. BACKGROUND AND POLICY IMPLICATIONS: During the 21/22 Budget process a 1.0 FTE Limited duration performance auditor position was added to provide additional capacity and assure future succession planning for internal audit services. Conversion from 1 Limited duration FTE to 1 regular duration FTE Performance Auditor position Currently, the Deschutes County Internal Audit Program has been approved for one limited duration full-time equivalent (FTE) Performance Auditor. The Performance Auditor would be a staff person to the County Internal Auditor position. This role will help assure that the knowledge and skills can be developed in a staff person and strengthen the ability to provide additional audits. The Budget Committee made the position limited duration to assure there could be discussion as to continuance of funding in the next budget. Such review always exists in each budget cycle and does not require a limited duration flag which is impacting the recruitment in what is turning out to be a tough recruiting time. The Performance auditor position was posted on August 18, 2021 and we have not received any applications meeting the criteria. Converting this 1.0 Limited duration FTE to a regular duration FTE (position #2924) will support getting this position recruited. COST: The vacant 1.0 FTE Performance auditor is currently budgeted through internal service charges in Administration to other County functions. Currently there has been savings of about $38 thousand from the position being open for the first 4 months of the year. Subsequent years will be covered through internal service charges at the continuing discretion of the Budget Committee. BUDGET IMPACTS: No increased appropriation required to Administration's budget for FY22. Conversion of 1.0 limited duration FTE to 1.0 regular duration FTE. Resolution will be placed on next Board meeting's consent agenda. ATTENDANCE: David Givans, County Internal Auditor rs ro BOARD OF COMMISSIONERS MEETING DATE: November 1, 2021 SUBJECT: Department Performance Measure Updates for Q1 BACKGROUND AND POLICY IMPLICATIONS: At the Nov. 1 Board meeting, the departments will provide updates on progress made during Q1 or selected performance measures that fall under the County goal of Safe Communities: Protect the community through planning, preparedness and delivery of coordinated services. Additional information is available in the attached staff report. BUDGET IMPACTS: /Vlolle ATTENDANCE: Whitney Hale, Deputy County Administrator Mission Statement: 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. • Provide safe and secure communities through coordinated public safety and crisis management services. • Reduce crime and recidivism through prevention, intervention, supervision and enforcement. • Collaborate with partners to prepare for and respond to emergencies, natural hazards 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 residents. • Promote well-being through behavioral health and community support programs. • Help to sustain natural resources and air and water quality in balance with other community needs. • Continue to support COVID-19 pandemic crisis response and community health recovery. Economic Vitality: Promote policies and actions that sustain and stimulate economic vitality. • Support affordable and transitional housing options for vulnerable populations through availability of lands, project planning, and appropriate regulation. • Administer land use policies that promote livability and economic opportunity. • Maintain a safe, efficient and economically sustainable transportation system. • Partner with organizations and manage County assets to attract business development, tourism, and recreation. • Support regional economic recovery from the COVID pandemic. Service Delivery: Provide solution -oriented service that is cost-effective and efficient. Ensure quality service delivery through the use of innovative technology and systems. Support and promote Deschutes County Customer Service "Every Time" standards. Promote community participation and engagement with County government. Preserve, expand and enhance capital assets, to ensure sufficient space for operational needs. Maintain strong fiscal practices to support short and long term county needs. Provide collaborative internal support for County operations. Date: To: From: Re: November 1, 2021 Board of County Commissioners Whitney Hale, Deputy County Administrator Department Performance Measure Updates for Q1 Departments have completed their Q1 performance measure updates. At the Nov. 1 Board meeting, the departments will provide updates on progress made during Q1 on selected performance measures that fall under the County goal of Safe Communities: Protect the community through planning, preparedness and delivery of coordinated services. Objective:da secure communitieso• • public t crisis management services. I Department: District Attorney's Office Performance Measure: Maintain over 90% of victims who report after case closure that they either agree or strongly agree that the victims' assistance program helped them make informed decisions about their situation. Target: 90% Q1 Update: 98% Department: Facilities Performance Measure: Partner with County department stakeholders to implement the three remaining near -term components of the Public Safety Campus Master Plan. Q1 Update: Construction of the Community Service Shop is complete. Permit documents for the Adult Parole and Probation Expansion are slated to be submitted to the City of Bend in early November. Design is just getting underway for the final parking lot expansion --additional secure parking for the Sheriff's Office to address the spaces lost as part of the P & P expansion. Objective: Reduce crime and recidivism through prevention, intervention, supervision n •enforcement. Department: Health Services Performance Measure: Reduce recidivism by 60% amount individuals served by the forensic diversion Program Target: 60% Q1 Update: 61 % Department: Health Services and 9-1-1 Performance Measure: Behavioral Health and Law Enforcement will develop protocol for responding to select calls without law enforcement. Q1 Update: In Q1, 9-1-1 provided training to behavioral staff on radio usage. Behavioral Health plans to begin piloting the program in November. Department: Community Justice Performance Measure: Percent of cognitive behavioral health group participants reporting skill acquisition. Target: 75% Q1 Update: 100% Objective: Collaborate with partners to prepare for and respond to emergencies, natural hazards and disasters. Department: 911 and Administration Performance Measure: Coordinate with 9-1-1 and DCSO to increase the number of web registered Deschutes Alerts subscribers Q1 Update: 40% increase in subscribers since June ES CpG2� o BOARD OF COMMISSIONERS MEETING DATE: November 1, 2021 SUBJECT: American Rescue Plan Funding Update RECOMMENDED MOTION: A to -be -determined motion will be required if they Board choses to fund additional projects from ARPA funds. BACKGROUND AND POLICY IMPLICATIONS: This is a recurring agenda item to provide the Board of County Commissioners updates on the status of ARPA funds and the opportunity to review eligible project requests for funding consideration. Discussion items for today's update: 1. Presentation from Holly McLane with the 1017 Project. 2. Review ARPA funding requests. BUDGET IMPACTS: None. Budget appropriations for the entire $38 million ARPA funding award are included in the FY 2021-22 Adopted Budget. ATTENDANCE: Greg Munn, Treasurer and Chief Financial Officer Dan Emerson, Budget Manager 370 To: Deschutes County Commissioners From: The 1017 Project Board of Directors Re: ARPA funding for beef to food banks in Deschutes County Since 2014, The 1017 Project has donated over 500,000 protein servings of locally grown beef to food banks and community kitchens in Deschutes County. Below is a summary of the most recent 4 years of donations: 2018 2019 2020 2021 ' PROTEIN SERVINGS 13,365 18,453 32,042 27,844 366,816 1,113.75 1,537.75 2,670.17 2,784.40 32,424 38.07% 73.64% 4.28% 1,325.75 2,722.09 105.32% 1,396.34 Considering that central Oregon is currently experiencing peak COVID-19 infection rates and associated economic dicnintinnc to tho Arnnnmv nra nr.rariirtari to Tact fnr cavaral vaarc ThP 1n17 Prniart nrnnnses a nartnershin with Deschutes County to maintain (or increase) beef donations county -wide. The 1017 Project partners with over 40 entities throughout central Oregon, including Neighbor -Impact, to provide monthly protein assistance directly to households. However, most of our central Oregon beef donations are concentrated in Deschutes County (see attached list). FUNDING RECOMMENDATIONS: Investment of $50,250 = maintain current pandemic -levels of beef to Deschutes County food banks in 2022. Investment of $100,500 = allows for increase of beef to county food banks in 2022 or continue current levels into 2023. Deschutes County funds will be combined with revenue generated by the 1017 cattle herd as well as strategic partner funds and other grants. SUMMARY: To our knowledge, there is no other non-profit entity donating fresh beef to fight hunger in the entire state of Oregon. In fact, much like the way HDFFA helps local farmers maximize distribution of produce, The 1017 Project supports local ranchers, hay suppliers, butchers, and feed stores. Longevity in the marketplace has allowed The 1017 Project to build consistent, supply -chain collaborations with USDA processing facilities, cold storage facilities, ranchers, trucking companies, hay suppliers, veterinarians, and municipalities, to deliver a steady supply of protein to food banks even during times of economic, or supply chain, fluctuations. In addition, every protein serving donated by The 1017 Project adds nutritional value to every other pantry item distributed by food banks. The 1017 Project - P.O. Box 19, Powell Butte, OR 97753. - 541-419-0019 Deschutes County beef donation recipients - The 1017 Project Assembly of God Church food pantry - Redmond, OR Bethlehem Inn Beulah's Place Central Oregon Veteran's Outreach Council on Aging Family Kitchen La Pine Community Kitchen Nativity Lutheran Church food pantry Neighbor Impact Redmond Community Church food pantry Redmond Senior Center Salvation Army - Bend Shepherd's House Sisters Kiwanis Food Bank Sisters School District St. Vincent DePaul - Bend Food Bank St. Vincent DePaul - Redmond Food Bank St. Vincent DePaul - La Pine Food Bank Teen Challenge The Giving Plate Redmond VFW #4108 The 1017 Project — P.O. Box 19, Powell Butte, OR 97753. — 541-419-0019 Deschutes County ARPA Commitments Revised 10.27.21 M o Ln o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '6 M O M O O O O O O 0Mo O o 0 o o o 0 o 0o O0) N 0 Lf od0 O U O Len Ol i1 M O O n. 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V v a Q to E_ d of W O m v''i E v 3 3 f0 C m Y N M a1 ai C o N l0 v t y i U m GJ O N t .� O V O v v= a+ y C C O w O m Y m N 'Y 3 CO = y m a+ — O t o d m 0 s gym.. O c-0 c o i+ vl t m v o ,n o .��—, w O-0 y F NO _> .> E O o v '�° v ` �v, v 'ate ° v c v Q m `�' v? LJ Q a1 �' 0 u 0 CO 9= Lax +01 ;?� mz�oa�r amo �o om m 0 V)v)Inv)v)v,m oo �U O) O �--i N M d' In ' N M � m lD I� o0 O) O N M � m tD IR c-I N M cF In l0 �-•) c-I N N ci a-1 a� a-1 i-I i-i ci ri c-I c-I c'i c-I rl c-I c-I c-I rl c-1 ci ci c-I e-I c-I c-I vT E S cpG�a o BOARD OF COMMISSIONERS MEETING DATE: November 1 St, 2021 SUBJECT: Discussion of the 2021-23 Illegal Marijuana Market Enforcement Grant Program (IMMEGP), it's purposes and planned appropriations to be presented in the form of an upcoming resolution to the Board of County Commissioners. RECOMMENDED MOTION: Move Approval of the 2021-23 Illegal Marijuana Market Enforcement Grant Program (IMMEGP). At a later date consider a forthcoming Resolution with regards to Appropriation of the IMMEGP and increase of FTE related to management analyst activities within the District Attorney's office. BACKGROUND AND POLICY IMPLICATIONS: Grant continues the IMMEGP program, picking up from the end of the priorgrant (FY19-FY22). Our effort to curtail the production and distribution of illegal marijuana has been recognized throughout the state. BUDGET IMPACTS: Increase to DA Personnel expense $13,980 for FY2022 (0.1 FTE). This will be a limited duration position that will last through December 2023. The DCSD will receive $223,390 in revenue, but will offset this increase in budget by reducing transfers into DCSO from the Rural Law Enforcement District by $233,390. This will increase contingency within the Rural Law Enforcement District by $233,390. ATTENDANCE: Joe Brundage, Business Manager, Sheriff's Office, Kathleen Meehan Coop, Management Analyst, District Attorney, Daniel Emerson, Budget Manager, Finance. Application: Deschutes County Kathleen Meehan Coop - kathleen.meehancoop@dcda.us Illegal Marijuana Market Enforcement Grant Program 21-23 Summary ID:0000000005 Cover Sheet 2021-2023 Completed - Aug 25 2021 Cover Sheet Primary Grant Contact Information Instructions: • Identify each jurisdiction or agency applying for the grant in this application. Multi -agency and multi -jurisdictional applicants are allowed and encouraged. • For "Agency Name," please list the names of agencies from cities or counties who will be grant participants. Agency Name Agency Contact Phone Number Email Address Deschutes County L. Shane Nelson, shane.nelson(a)des 1, 541-388-6659 Sheriff's Office Sheriff chutes.ora Bend Police Paul Kansky, pkansky(a)bendore 2, 541-322-2960 Department Captain gon.gov Deschutes County Mary Anderson, mary.andersonCa@dc 3. District Attorney's Chief Deputy 541-385-3242 da.us Office District Attorney 1 / 40 Provide contact information for a single person who will be the primary contact for grant application purposes. ►FTM- Kathleen Meehan Coop Phone 541-317-3175 Email Employing Agency kathleen.meehanc DCDA oopCc-odcda.us Is the applicant (or are applicants) part of an enforcement team (such as CODE, MADGE, BINET, SCINT)? If yes, please identify the enforcement team's name. CODE Identify which agency will serve as the grant's fiscal agent and funds recipient, and please identify the contact person there. Contact Name Phone Joe Brundage 541-617-3390 Email Employing Agency ioe.brundage(@des DCSO chutes.org If awarded grant funds, does your team prefer ACH payment processing (direct deposit)? Yes Program Application 2021-2023 2 / 40 Completed - Aug 25 2021 Program Application •AM The Illegal Marijuana Market Enforcement Grant was established to assist local law enforcement agencies in addressing unlawful marijuana cultivation or distribution operations. This grant opportunity prioritizes illegal marijuana market investigation and prosecution actions that target: 1. rural areas of Oregon; 2. large-scale cultivation or distribution operations; 3. organized crime in the illegal marijuana market; and 4. operations that divert marijuana outside of Oregon. Prinriti7atinn This grant program prioritizes applications that support enforcement against illegal marijuana -related felony criminal operations. Descriptions of related non -criminal and non -felony illegal marijuana problems in your community are welcome in this application to provide an understanding of your local context and any ancillary impacts of the illegal marijuana market where you operate. However, funding decisions will prioritize applications that target illegal marijuana market -related felonies. Please acknowledge that your team has taken notice of this agency priority. Yes ELM 3 / 40 Illegal Marijuana Market Community Problems Rating Rate the following illegal marijuana market problems as they exist in your community. Violent Crime Moderate Property Crime Moderate Civil/Code Violations High Environmental Degredation Moderate Explosions/Fires Moderate Trafficking/Diversion Extreme Misdemeanors Moderate Financial Crimes High Increased Calls for Service High Organized Crime High DUII Moderate juvenile Use High Optional: briefly list any other illegal marijuana problems not named above and note the problem's intensity level (extreme, high, etc.). Two challenges we believe are related to our illegal marijuana problem: 1) Quality of life -- smell and increased traffic, and 2) Unsafe housing - Growing number of temporary deplorable housing units for workers (documented and undocumented) working marijuana and hemp grows. 4 / 40 Alegal Marijuana Market CommunityProblems Narrative Describe your community's primary illegal marijuana market problems. Consider barriers to investigation, prosecution, or other interdiction efforts, local resource shortages, and circumstances unique to your jurisdiction (geographic, socioeconomic, etc.). (200 word limit) DCIMME investigations indicate that the primarily illegal market is associated with trafficking, distribution and financial crimes. The barriers that impede our ability to investigate and prosecute illegal marijuana include: 1) Geography - large rural square mileage allows for illegal activity to be easily missed and cross state lines with few officers patrolling; 2) Rural grows - large acreage with limited visibility and access from public roads; 3) Hidden in sight - legal marijuana (indoor) and hemp (outdoor) grows can hide illegal marijuana grow operations; 4) Enforcement resources - staffing shortages at OLCC, OMMP and ODA prevent full testing of THC levels and disposal of waste products, creating opportunity for illegal market activity; 5) Training needs - the complexity of legal issues requests continuous law enforcement training on the investigation of illegal marijuana, search & seizure law, and admissible methods for evidence collection; 6) Public education - citizens and businesses don't know the differences between legal and illegal activity, and how to identify or report an issue related to illegal marijuana; and 7) Case complexity - large scale investigations require prosecutors with specialized knowledge and involvement in the case from investigation stage to assisting law enforcement with legal and jurisdictional issues. 5 / 40 ExistingIllegal Marijuana Enforcement Operation • Priorities Describe your community's existing illegal marijuana interdiction, investigation, and prosecution operations and priorities. (200 word limit) OPERATIONS: DCIMME investigators and a data analyst focus on financial analysis will investigating illegal marijuana grows, sales, shipments out of state and organized crime. Investigations are based on referrals from other law enforcement personnel, government entities, citizens and informants. Investigative team prioritizes illegal marijuana cases that have the most actionable information. The Deschutes County District Attorney's Office (DCDA) has assigned one dedicated DDA to be the point of contact for the illegal marijuana team. The assigned DDA has drug prosecution experience as an Assistant United States Attorney and as a state level prosecutor. PRIORITIES: 1) Cases that have the most impact on the quality of life for Deschutes County residents; however, cases in surrounding jurisdictions are also investigated to ensure cooperation and the overall reduction in illegal marijuana. 2) Large scale grows as they generate a lot of money, support criminal networks, and a few cases have been tied to cartels. 3) BHO labs due to the safety issues - ideally catching them before any explosions. 4) Cases that also have evidence of environmental degradation. 6 / 40 Describe how the grant -funded program (your plan for grant funds) requested through this application will support your community in addressing illegal marijuana market problems locally. Include how grant funds will allow you to increase capacity and/or efficacy of existing illegal marijuana interdiction efforts. (200 word limit) FY21-23 grant funds will provide overtime for the 2.5 FTE DCIMME investigators, two part-time analysts, consultants (evaluator and financial forensic analyst), training, and new investigation equipment. Funding will support enhanced enforcement and prosecution with an emphasis on illegal financial and environmental activity. Investigator overtime will support sharing of expertise and man -power with neighboring counties. Internal analyst funding will support dedicated staff assessing initial financial and environmental activities, and assisting investigators in working with state agencies. PSU research efforts studying the effect of illegal marijuana will continue. In addition, the team will attend marijuana related trainings to stay current. Rollover funds from the FY19-21 grant will be used to complete our community education program on the laws and regulations surrounding cannabis to increase leads on illegal marijuana submitted by community members. Rollover funds will support PSU researchers completing the FY19-21 impact evaluation; FY21 training and a pilot study to assess whether or not illegal marijuana sites are also engaging in illegal environmental activity (i.e. land, pesticide & water degradation). This research pilot will help us enhance prosecution efforts and the information will be shared with counties and state agencies. Four Grant Goals Questions (1) Rural Areas: You may answer yes to both "rural areas" questions if applicable. 7/40 Is a jurisdiction for which you are applying a county with fewer than 250,000 people? Yes is a jurisdiction for which you are applying located at least 25 miles away from any city with a population of 30,000 persons or less? Yes (2) Large -Scale Operations Rate the following issues as they relate to a large-scale illegal marijuana problem in your community. Number of illegal grows M Illegal grows over large geographic areas High Illegal activities involve significant monetary High values Not enough law enforcement to investigate Extreme Describe any other circumstances that make the illegal marijuana market problem a large- scale problem in your community. (150 word limit) The estimated population in Deschutes County as of 2020 was 198,253 and covers 3,055 square miles. However, as with many large rural counties, patrol and enforcement are generally spent in areas with the highest population densities such as the cities/communities of Bend, Redmond, La Pine, Sisters, Sunriver, Black Butte. The rest of the county, which has a heavy agricultural focus is sparsely populated and patrolled. Illegal grows are easy to operate with little notice in these isolated areas. Many of these rural areas also have legal marijuana and hemp production sites which makes it harder for law enforcement and citizens to know what is illegal. In addition, most calls received regarding illegal operation locations don't provide an exact location making it difficult to investigate, and even when they do, the locations are remote and on large parcels. (3) Organized Crime Operations Organized Crime Problem Rating Rate the following issues with illegal marijuana -related organized crime problem in your community. Criminal gang involvement Moderate Conspiracies to commit property felonies Moderate Conspiracies to commit person felonies Low Conspiracies to commit financial crimes/money High laundering Racketeering High 9 / 40 Describe any other circumstances that link the illegal marijuana market to organized crime in your community. (150 word limit) Deschutes County does not have an organized street gang crime problem and very little crime from outlaw motorcycle gangs is present at this time. However, organized crime related to illegal marijuana is still present and appears to be focused on money laundering, racketeering and cartel affiliation. Although we know drug sales are often used to fund terrorism, illegal gun sales and human trafficking, we struggle to fully investigate these type of cases as they require a tremendous amount of time, effort and resources to investigate and dismantle. We have; however, had some success in connecting one case with a California company and hope to use what we learned from that case on future ones. We still have two larger ongoing cases underway with federal implications that could lead to much bigger crime organizations. Diversion Outside of the State Problem Rating Rate the following sources of illegal marijuana diversion in your community. Unlicensed grows Extreme Licensed retail grows Low Licensed medical grows High Marijuana misconstrued as hemp Extreme 10/40 Diversion Outside of the State Problem Rating Rate the following components of illegal marijuana diversion in your community. Car/SUV/truck transport �L Shipments via mail/couriers High Airports Boats/waterways Moderate N/A Proximity to highways/interstates High Proximity to other states/borders High In your community, are there any unique circumstances that lead to the diversion of marijuana outside of the state? (150 word limit) r%e,,kU+o, r•„i ini-w ie cooinn i-ho hinhoct marih Tana nrnfit marninc rnnnarfAri with nut of mate shinments verses producing product to sell in state where businesses have to pay taxes and deal with a litany of regulations. These environment leads to an increased likelihood of illegal activity. In addition, Deschutes County is listed as a designated HIDTA due to our geographic location and low population, which supports increased traffic flows that aid in the transport of product moving more easily across state lines. We have also seen the number of hemp licenses within Deschutes County increased significantly in the last two years, while the price for hemp has simultaneously declined. Three large illegal operations that the DCIMME team investigated in the last year that were licensed hemp locations. Although OLCC is testing more and working with ODA to address this issue, it still is a monumental issue and task. 11 / 40 Describe how data will be tracked for the purposes of demonstrating how grant funds are adding capacity and/or increasing efficacy of existing interdiction, investigation, and prosecution efforts, such as illegal marijuana -related: • Asset forfeitures; • Felony arrests; • Felony prosecutions; and • Any other data your jurisdiction will track to demonstrate local impacts of grant funds. (200 word limit) The data analyst tracks all cases in a database to include asset forfeiture, arrests, and prosecution information; helps the investigators gather leads and complete deeper analysis of evidence, particularly financial data (information on businesses, money transactions and potential conspirators); allowing the DCIMME team to pursue more charges and seizures. Funds allocated for a financial analyst will be used for cases that require an even deeper dive into financial records that go beyond the resources and software available to the internal data analyst. The environmental experts, who will conduct tests of the soil, air and water at illegal sites, through the rollover funds pilot study, will help our enforcement and prosecution efforts by improving our ability to identify and hold suspects accountable for all their crimes. Using both internal and external expertise to collect evidence for prosecution cases enhances our ability to ensure suspects/arrestees are appropriately charged and sentenced and research results will be shared. We will also track the impact of our education website (CannaFacts) through google analytics - numbers of visits, length of stay by page, how many online submissions are received and how many visits result in solid illegal marijuana leads. 12 / 40 General Instructions Use only text or numbers in input fields -- no symbols or commas. Prioritize grant requests as High, Medium, or Low (selecting High for all items is not advised). Budget Priority Ranking Please rate your budget priorities from highest to lowest by dragging and dropping the budget category right to the corresponding numeric figure. Personnel 1st Contractual Services 2nd Rent/Utilities 6th Travel/Training 4th Equipment 3rd C­ n JUpvfieJ o� 7th Other 5th 11!n- V" 11vig Definition: Personnel costs include salaries, wages and fringe for all personnel employed by grantees. • Combine salary and fringe benefits in the Monthly Wages field. • Months employed means during the 2021-2023 grant 24-month period. If hiring new personnel, only count months during which positions expected to be hired -on. • In % Time Per Month, use whole numbers to show position's percentage of time dedicated to grant - related work. Example: a half-time DDA = 50 If personnel cost was funded by this grant during 2019-2021 grant cycle, select YES in "IMMEGP funded 2019-21." 13/40 Personnel Position Monthly Employed % Time / Employing IMMEGP Category Type Wages 2021-23 Month Agency funded (Salary+Fri (Months) 2019-21 nge) Position Data 8136.67 24 100 DCSO Yes One Analyst Personnel Position Monthly Employed % Time / Employing IMMEGP Category Type Wages 2021-23 Month Agency funded (Salary+Fri (Months) 2018-19 nge) Position Data 11650.10 24 10 DCDA Yes Two Analyst Personnel Position Monthly Employed % Time / Employing IMMEGP Category Type Wages 2021-23 Month Agency funded (Salary+Fri (Months) 2019-21 nge) Position Deputy/Off Overtime 1500 24 100 DCSO No Three icer Personnel Position Monthly Employed % Time / Employing IMMEGP Category Type Wages 2021-23 Month Agency funded (Salary+Fri (Months) 2019-21 nge) Position Deputy/Off Overtime 1500 24 100 DCSO No Four icer 14/40 Position Five Position Six Position Seven Position Eight Personnel Position Monthly Employed % Time / Employing IMMEGP Category Type Wages 2021-23 Month Agency funded (Salary+Fri (Months) 2019-21 nge) Overtime Deputy/Off1500 24 50 Bend PD No icer Personnel Position Monthly Employed % Time / Employing IMMEGP Category Type Wages 2021-23 Month Agency funded (Salary+Fri (Months) 2019-21 nge) Data 8136.67 6 100 DCSO No Analyst Personnel Position Monthly Employed % Time / Employing IMMEGP Category Type Wages 2021-23 Month Agency funded (Salary+Fri (Months) 2019-21 nge) Data 11650.10 6 10 DCDA No Analyst Personnel Position Monthly Employed % Time / Employing IMMEGP Category Type Wages 2021-23 Month Agency funded (Salary+Fri (Months) 2019-21 nge) Deputy/Off1500 Overtime 6 100 DCSO No icer 15 / 40 Personnel Position Monthly Employed % Time / Employing IMMEGP Category Type Wages 2021-23 Month Agency funded (Salary+Fri (Months) 2019-21 nge) Position Deputy/Off Overtime 1500 6 100 Nine icer Personnel Position Monthly Employed % Time / Category Type Wages 2021-23 Month (Salary+Fri (Months) nge) Position Deputy/Off Overtime 1500 Ten icer Personnel Total 391550.40 C01 50 DCSO No Employing IMMEGP Agency funded 2019-21 BPD No 16/40 Brief Personnel Narrative Please describe how funding personnel and/or paying for additional overtime will assist your jurisdiction's illegal marijuana interdiction efforts. (150 word limit) DCSO has assigned one detective to DCIMME and is currently re -hiring for the second detective to work marijuana full-time. BPD is hiring a new detective to split time on the DCIMME team and the other drug enforcement CODE team. This shared workload between the two agencies and the CODE team has worked well over the last few years. Overtime hours will provide resources needed to respond to time sensitive and complex investigations and will allow the team the ability to easily assist neighboring communities. The data analyst provides essential research and investigative support to the DCIMME detectives and assists the PSU research team. The other analyst oversees the community education program on improving the quality and quantity of illegal marijuana leads submitted by community members, and will work closely with the environmental consultants & PSU to track the impact and share critical information with other agencies. If hiring new staff with grant funds, do you agree to notify C)C when grant -funded positions are posted? Yes New -Hire Posting 'timeline If hiring new staff with grant funds, do you agree to post open positions within 45 days of notification of grant award? Yes 17/40 Flew -Hire Positions Filled If hiring new staff with grant funds, do you agree to notify CJC staff when those positions have been filled? Yes Financial Analysts / Forensic Accountants If no grant funds are being requested to hire a financial analyst or forensic accountant, do you have an existing financial analyst or forensic accountant who will work on grant -funded illegal marijuana investigations and prosecutions? If YES, identify person and employing agency If NO, briefly describe why not Danielle Martell, data analyst from DCSO and an external financial analyst as needed Definition: An individual or organization providing a service or programmatic aspect of the work that is not provided by the grantee. • Contract Purpose is a brief description of what the contract covers. • #Units/Hours is the number of items or the number of hours of services. $ Per Unit/Hour is the price per unit or hourly rate. Agency Served means the agency contracting for services 18/40 Contract Contract # Units/Hours $ Per Unit/Hour Agency Served Category Purpose Research - 1. Services Henning & 160 100.00 DCDA & DCSO Stewart (total hours) Contract Contract # Units/Hours $ Per Unit/Hour Agency Served Category Purpose Financial 2. Services Forensic 100 150.00 DCDA & DCSO Analyst Contract Contract # Units/Hours $ Per Unit/Hour Agency Served Category Purpose 3. Services Electrical 16 187 DCSO Contractual Services Total 33992.00 Equipment Definition: Permanent equipment with a purchase price of $5,000 or more and a useful life of two or more years. Required to be itemized and justified. Description means the type/name of equipment to be purchased. # of Units means how many individual items to be purchased. Agency Served means the agency to own and operate the equipment. 19/40 Description # of Units $ Per Unit Agency Served Dump Trailer with 1. 1 9200.00 DCSO hydraulic ramp Description # of Units $ Per Unit Agency Served Flight/Ground 2. Communication 1 2500.00 DCSO Headsets Description # of Units $ Per Unit Agency Served Light Lab Cannabis 3, 2 16945.00 DCSO Analyzers Description # of Units $ Per Unit Agency Served Electrical work 4, equipment (fan, 1 2000.00 DCSO wir iny, etc../ 5. Equipment Total 47590.00 Description # of Units $ Per Unit Agency Served 20 / 40 Supplies Definition: Consumable materials and supplies including the cost of small items of equipment that do not meet the threshold for the "Equipment" category. Description means the type/name of supplies to be purchased. # of Units means how many individual items to be purchased. Agency Served means the agency to use the supplies. Description # of Units $ Per Unit Agency Served 1. N I K tests 250 2.50 DCSO Description # of Units $ Per Unit Agency Served 2. Description # of Units $ Per Unit Agency Served 3. Description # of Units $ Per Unit Agency Served 4. Description # of Units $ Per Unit Agency Served 5. Supplies Total $ 625.00 21 / 40 Definition: Includes eligible expenses for transportation, lodging, per diem, and registrations for grant - related trainings. Each row should be dedicated to a single training. Input the number of registrants and input the total registration costs in "Registration Fee (Total)" field. Example: 1. [Money Laundering Workshop] (Training Title); [4] (# Registrations); [1000] (total fees for 4 registrations at $250 per); [1000] (combined travel expenses); [Willamette County DA] (Agency Served) • Trainings must be related to grant purposes. • All travel expenses must follow state DAS and federal GSA regulations. • Luxury travel expenses, such as first-class flights, are not allowed. 1. 2 3 Training Title # Registrations Registration Fee (Total) ONEA - FY22 & 8 23 C•11 Training Title # Registrations Registration Fee (Total) CNOA FY 22 & 4 2340 23 Training Title # Registrations Registration Fee (Total) Environmental Prosecution Training & 4 1800 Marijuana Training for Officers Travel Agency Served Expenses DCSO, BPD, DCDA Travel Agency Served Expenses 5600 DCSO, BPD Travel Agency Served Expenses 5600 DCDA 22 / 40 Travel/Training Total 18940.00 Rent & Utilities Definition: Rent and utilities includes office space and related office -space expenses necessary to provide grant -funded program employees to perform grant program work. Description Price Per Month Months Needed Agency Served Rent CODE Facility 1, 1641.50 24 DCSO FY21, 22 Description Price Per Month Months Needed Agency Served Rent Code Facility 2 1715.98 6 DCSO rv-> > ricer Description Price Per Month Months Needed Agency Served 0 Rent & Utilities Total 49691.88 Definition: Other grant -related allowable expenses that do not fall into any other category. 23/40 Description # of Units $ Per Unit Agency Served 1. ArcGIS Software 3 400 DCSO Description # of Units $ Per Unit Agency Served 2. Bankscan Software 3 2500.00 DCSO Description # of Units $ Per Unit Agency Served Marijuana Lab 3, 20 250 DCSO Testing Other Total 13700 Administrative Costs Do you request 10 percent of any direct award to fund indirect administrative needs associated with grant operations? No 24 / 40 Describe how your jurisdiction collaborates with other law enforcement agencies locally, regionally, and/or on a statewide or interstate basis. (150 word limit) DCIMME has partnered with other local counties to assist with their illegal marijuana cases. We have helped with the initial investigations and with dismantling grows. We offer this assistance for areas that do not have the resources. We recently utilized one of OSP's officers who had access to the Lite Lab so we could test marijuana and/or hemp in the field. Their expertise was greatly beneficial to have during our search warrant. Other marijuana experts around the state that have also been instrumental in helping us with questions we may have on emerging trends. Southern Oregon agencies have provided us with ideas on dismantling grows using different methods. We also recently began attending the Cross Agency Cannabis Enforcement meetings and are looking forward to sharing the results of our pilot study on environmental impacts at illegal marijuana sites. 25/40 Grantees are required to report grant fund financial expenditures and grant -funded interdiction, investigation, and prosecution -related data to CJC. Note which persons will perform reporting duties, including contact information. Reporting Type Name Phone Number Email Employing Agency 1. Financial Joe Brundage 541-617-3390 ioe.brundage@DCSO deschutes.org danielle.martell 2. Data Danielle Martell 541-312-6411 0bdeschutes.or DCSO 9 3 4 Personnel 391550.40 Contractual Services 33992.00 Equipment 47590.00 Supplies 625.00 Travel/Training 18940.00 Rent 49691.88 Other 13700 26 / 40 • Total: 556089.28 IIIC•Tir-5X 556089.28 July 2021 - June 2022 Grant Budget Projection Completed - Aug 25 2021 Form for "2021-2022 Budget Projection" IMMEGP monthly projected budget -r-'--irst-Year Grant Award • • Projection i Instructions: • Input your estimated monthly spending plans for the first year of the grant period u(1 ly 1. 2021 to tune 30, 2022). • This budget estimate allows CJC to plan for first -year disbursements. • Category requires selecting an expense type from the drop -down menu. Description means the name or type of expense. o Example: Sheriff's deputy OT (5 hours) Amount is how much the item described costs. o Only use whole numbers; forms do not recognize symbols, commas, or decimals 27 / 40 Category Item Description Amount 0.75 FTE Data/Financial 1. Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3, Rent/Utilities 1641.50 rent 2.5 Detectives - 4, Personnel 3750.00 Overtime 5. 6. 7. 8. 9. 10. July 2021 Total $14693.18 28/40 32��= EMIM Category Item Description Amount 0.75 FTE Data/Financial 1, Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3, Rent/Utilities 1641.50 rent 4. Personnel 2.5 Detectives Overtime 3750.00 5. 6. 7. 8. 9. 10. August 2021 Total $14693.18 29 / 40 11111 11 • • • • • , Category Item Description Amount 0.75 FTE Data/Financial 1. Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3. Rent/Utilities 1641.50 rent 4. Personnel 2.5 Detectives Overtime 3750.00 5. 6. 7. 8. 9. 10. September 2021 Total $14693.18 30 / 40 :�'roject BudgetOctober 2021 Category Item Description Amount 0.75 FTE Data/Financial 1. Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3. Rent/Utilities 1641.50 rent 4. Other ArcGIS Software 400.00 5. Other BankScan Software 2500.00 6. Personnel 2.5 Detectives Overtime 3750.00 7. 8. 9. 10. October 2021 Total $17593.18 31 / 40 Category Item Description Amount 0.75 FTE Data/Financial 1. Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3. Rent/Utilities 1641.50 rent Private Lab Marijuana 4. Other 1000.00 Testing 5. Personnel 2.5 Detectives Overtime 3750.00 Flight/Ground 6. Equipment Communication 2500.00 Headsets Light Lab Cannaibs 7. Equipment 33890.00 Analyzers p Equipment niimp Trailer 9200.00 9. 10. November 2021 Total $61283.18 32 / 40 •BudgetDecember Category Item Description Amount 0.75 FTE Data/Financial 1. Personnel 8136.67 Analyst 0.1 FTE Management 2, Personnel 1165.01 Analyst Pro -rate CODE building 3, Rent/Utilities 1641.50 rent 4. Personnel 2.5 Detectives Overtime 3750.00 5. 6. 7. 8. 9. 10. December 2021 Total $14693.18 33 / 40 Category Item Description Amount 0.75 FTE Data/Financial 1. Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3. Rent/Utilities 1641.50 rent 4. Personnel 2.5 Detectives Overtime 3750.00 5. Contractual Services Electrical Work Services 2992.00 Electrical Work 6. Equipment Equipment (fans, wire, 2000.00 etc.) 7. 8. 9. 10. January 2022 Total $19685.18 34 / 40 ma= Category Item Description Amount 0.75 FTE Data/Financial 1. Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3. Rent/Utilities 1641.50 rent 4. Personnel 2.5 Detectives Overtime 3750.00 5. 6. 7. 8. 9. 10. February 2022 Total $14693.18 35 / 40 Category Item Description Amount 0.75 FTE Data/Financial 1. Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3, Rent/Utilities 1641.50 rent 4. Personnel 2.5 Detectives Overtime 3750.00 5. 6. 7. 8. 9. 10. March 2022 Total $14693.18 36 / 40 Category Item Description Amount 0.75 FTE Data/Financial 1, Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3, Rent/Utilities 1641.50 rent 4. Personnel 2.5 Detectives Overtime 3750.00 Kris Henning - 5. Contractual Services 1300.00 Researcher Greg Stewart - 6, Contractual Services 1300.00 Researcher 7. 8. 9. 10. April 2022 Total $17293.18 37/40 Category Item Description Amount 0.75 FTE Data/Financial 1. Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3. Rent/Utilities 1641.50 rent 4. Personnel 2.5 Detectives Overtime 3750.00 Private Lab Marijuana 5. Other 1000.00 Testing 6. 7. 8. 9. 10. May 2022 Total $15693.18 38 / 40 • i •' •Il III �` Category Item Description Amount 0.75 FTE Data/Financial 1, Personnel 8136.67 Analyst 0.1 FTE Management 2. Personnel 1165.01 Analyst Pro -rate CODE building 3, Rent/Utilities 1641.50 rent 4. Personnel 2.5 Detectives 3750.00 ONEA 2022 - 4 5, Travel/Training attendees registration 1800.00 CNOA 2022 - 2 6. Travel/Training 1170.00 attendees registration 7. 8. 9. 10. June 2022 Total $17663.18 $237370.16 Memorandum of Understanding 2021-2023 Completed - Aug 23 2021 Prior to award acceptance, applications from multi jurisdictional teams must submit a Memorandum of Understanding (MOU). The MOU must identify the parties involved, specify a fiscal agent, describe how funds will be distributed to each jurisdiction, and briefly identify the purposes for which the funds will be 39/40 used by each jurisdiction. This requirement applies to any agencies applying together where grant funding will be required to flow through more than one fiscal agency (i.e., a city police department and a county district attorney's office). This task is not required of applicants applying for a sole agency or agencies using the same fiscal agent (i.e. a county sheriff and district attorney's office). Executed MOU - DCIMME FY21-FY24 Filename: Executed MOU DCIMME FY21-FY24.pdf Size: 378.3 kB Optional Supporting Documentation 2021-2023 Completed - Aug 25 2021 Applicants are encouraged (but not required) to include a letter of support from a local governing body (such as a county commission) or local public safety coordinating council. Joint letters of support are encouraged if the application is multi jurisdictional (i.e., more than one county). Applicants may also submit up to two documents, in addition to the optional letter of support, supporting their application. Examples may include reports, news articles, or other information related to local illegal marijuana issues. DCIMME additional materials Filename: DCIMME additional materials.pdf Size: 2.2 MB 40 / 40 Document No. 2021-710 MEMORANDUM OF UNDERSTANDING (MOU) FOR FY2021- 2024; Deschutes County Sheriff s Office, Deschutes County District Attorney, and City of Bend Police Department The Deschutes County Sheriff's Office (DCSO) is the lead applicant for the Illegal Marijuana Market Enforcement grant program (IMME). The Deschutes County District Attorney's Office (DCDA) and the City of Bend Police Department (BPD) are collaborating with DCSO on the IMME application. The application supports the Deschutes County Illegal Marijuana Market Enforcement (DCIMME) Project. The focus of the FY2021-2024 is: 1. Continue and enhance the investigative and enforcement work of the DCIMME Team; 2. Continue partnerships with researchers from Portland State University (PSU) and the Central Oregon Drug Enforcement (CODE) Team; 3. Continue to increase enforcement of illegal marijuana production and distribution crimes; 4. Continue to collect and evaluate local illegal marijuana enforcement data with the partnership with the researchers from PSU; 5. Provide investigative support to DCIMME Project by contracting with a financial analyst; 6. Provide investigative support and enhance the efficacy of the DCIMME Project by including an environmental investigation consultant component to our team. 7. Collaborate with researchers from Portland State University, the Deschutes County Illegal Marijuana Team and an analyst to develop a comprehensive community outreach initiative, to inform the public on the issue of illegal marijuana activity; 8. Educate local business stakeholders who are likely to be utilized by illegal marijuana operations to identify and report illegal marijuana activity; 9. Continue work to increase arrests, seizures, and prosecutions for illegal marijuana operations, exporting drugs to other states, and those with connections to other criminal activity; and 10. Complete an end -of -program evaluation by the researchers from Portland State University. I. Development of Application The grant application was developed by members of the Deschutes County Illegal Page I of 1 I MOU- Deschutes County Illegal Marijuana Project FY21-24 Document No. 202 I -710 Marijuana Project as a continuation of the successful work of team as documented in the Illegal Marijuana Markets Fnnforcement Grant Program: Deschutes County, submitted as a final report for the FY2018-2019 grant. The initial grant was developed after two new detective positions dedicated to illegal marijuana enforcement were funded by Deschutes County and the City of Bend in FYI 8-19 and assigned to work in partnership with the Central Oregon Drug Enforcement Team (CODE). In FY19-20, Deschutes County added a second detective position dedicated to illegal marijuana enforcement to expand the work of the program. DCIMME detectives work in partnership with the existing CODE team, working marijuana cases full time. Overtime hours provide resources to respond to time sensitive and complex investigations. The data analyst provides essential research and investigative support to the DCIMME detectives and assists the research team from PSU. The community outreach manager was identified as a need, as documented in the FY 2018-2019 final report (p32), based on the review of community reporting data and identification of community businesses utilized by individuals involved in illegal marijuana activity. These part-time positions enable data collection and community engagement. The previous grant activity and continued discussions between all the partner agencies led the team to submit a follow-up collaborative grant application and drafting a new MOU to memorialize the agreements entered into between the Deschutes County Sherift's Office, the Deschutes County District Attorney's Office and the City of Bend Police Department. As part of this MOU and to further the partnerships integral to the DCIMME team, the agency heads, or their appointed representative will meet with DCIMME team on a quarterly basis to further goal setting and collaboration. Page 2 of I I MOU- Deschutes County Illegal Marijuana Project FY21-24 Document No. 2021-710 II. Roles and Responsibilities A. DCSO; BPD and DCDA a. Each agency will maintain ultimate authority and supervision over their personnel assigned to DCIMME; and b. DCIMME team members will work in partnership with CODE; and c. The Sheriff's designee and BPD Lieutenant (or the assigned CODE Lieutenant), will work closely together; daily the CODE Lieutenant coordinates with the DCIMME; and d. DCIMME agency heads will meet with DCIMME team on a quarterly basis to further goal setting and collaboration. B. Deschutes County Sheriffs Office a. Support for grant -related activities and management will be provided by the full organization of Deschutes County Sheriffs Office, including grant administration, administrative support, financial management, risk management for Sheriff s Office employees and technological system assistance. b. A Deschutes County Sheriffs Office Captain or other designee identified by the Deschutes County Sheriff will provide administrative oversight regarding the program budget, finances, and grant reporting. Day to day grant management questions should be directed toward the Deschutes County Sheriffs Office Business Manager. Page 3 of I I MOU- Deschutes County Illegal Marijuana Project FY21-24 Document No. 2021-710 c. The Deschutes County Sheriff's Office will direct and provide operational oversight for the Deschutes County Sheriff s Office detectives and Data Analyst assigned to the marijuana team. The Sheriff s designee and BPD Lieutenant (or the assigned CODE Lieutenant) will work closely together; daily the CODE Lieutenant coordinates with the DCIMME team. d. The Deschutes County Sheriff's Office in partnership with the CODE Team i. Review the work and provide work space at the CODE office for the analyst position; ii. Review and, if appropriate, approve eligible overtime for the Sheriff's Office detectives assigned to illegal marijuana enforcement, coordinating with CODE Lieutenant; iii. Pool resources and share data to complete grant program goals including technical assistance and IT support; iv. Coordinate the selection and contract for the financial analyst and will include DCDA and the CODE Lieutenant in the process; and v. Assist the DA's office with subject matter knowledge and expertise and attendance at meetings and training workshops related to the outreach component; and vi. Agree to regularly communicate and coordinate with program partners. Page 4 of 11 MOU- Deschutes County Illegal Marijuana Project FY21-24 Document No. 2021-710 C. Deschutes County District Attorney's Office a. Deschutes County District Attorney's Office will: i. Assist in providing training and prosecution support to the partners related to grant activities; ii. Provide support and training to the DCIMME team, including providing a Deputy District Attorney as a single point of contact to the detectives and analyst; iii. Provide support and training, including technical assistance and IT support to the Community Education and Outreach Program; iv. Work directly with and coordinate the work of the Portland State University Research team; v. Pool resources and share data to complete grant program goals; vi. Manage the contract for the environmental expertise and work with CODE to coordinate their assessments at search warrant sites. vii. Manage the contract, provide space as needed for the PSU researchers to evaluate the program and complete an end of cycle report; viii. Create and implement a community outreach component focused on illegal marijuana, which will include selecting and managing the contract for a web and graphic designer, overseeing engagement of local stakeholders and conducting training workshops, ix. Determine the best solution for hosting the website and submission portal; x. Participate in the selection of the financial analyst; xi. Agree to regularly communicate and coordinate with program partners; Page 5 of 11 MOU- Deschutes County Illegal Marijuana Project FY21-24 Document No. 2021-710 xii. DCDA will act as project co -director; drafting the contract for the researcher and the web and marketing development consultants, and facilitate meetings as necessary to complete the program goals including the completion of the end -of -program evaluation. D. The City of Bend Police Department a. The Central Oregon Drug Enforcement team is supervised by a Lieutenant from the Bend Police Department. b. The CODE lieutenant and DCSO Captain (or the Sheriff's designee) will work closely together; daily the CODE Lieutenant coordinates with the DCIMME; c. The City of Bend Police Department will: i. Review and, if appropriate, approve eligible overtime for the Bend Police Department detective assigned to illegal marijuana enforcement, coordinating with the CODE Lieutenant; ii. Provide support and training to the analyst and program evaluator; iii. Pool resources and share data to complete grant program goals; iv. Participate in the selection of the financial analyst; v. Assist the DA's office with subject matter knowledge and expertise and attendance at meetings and training workshops related to the outreach component; and vi. Agree to regularly communicate and coordinate with program partners. Page 6 of I 1 MOU- Deschutes County Illegal Marijuana Project FY21-24 Document No. 2021-710 III.Timeline The roles and responsibilities described above are contingent on the County receiving the funds requested for this project. The beginning and end dates of this implementation effort would coincide with the grant period when funds are released through December 31, 2023. Our detailed efforts that add to our baseline data, and the implementation of new tools and processes that refine our investigation strategies to combat the illegal market that are part of our rollover funds from the 2019-2021 IMME grant, which includes but is not limited to the work of the data analyst supporting the investigators, the completion of the CannaFacts website and the pilot study on environmental degradation at illegal sites and our final research project will continue. Upon notification of the new grant award the next phase of our plan will be put into action, including the Deschutes County District Attorney's Office updating the contracts with Kris Henning and Gregory Stewart the program evaluators, purchasing of new equipment and registering for critical training opportunities. Overall program results will be analyzed and evaluated for reporting to the CJC on an annual basis in June 2022, if requested and again at the end of 2023. IV. Commitment to Partnership The partners are committed to sustaining the work of the Deschutes County Illegal Marijuana Project, expanding the focus of DCIMME to investigate the environmental impact, provide meaningful education content on illegal marijuana activity to the community and Page 7 of 11 MOU- Deschutes County Illegal Marijuana Project FY21.-24 Document No. 2021-710 research analysis to support future enforcement and prosecution efforts in Deschutes County and the state of Oregon. Currently, both BPD and DCSO are facing staffing shortages that have impacted the DCIMME, but both agencies are committed to fully staffing when trained personnel are available and positions may be filled. These positions are already funded through their respective agencies. During this time, the Analyst position has proven to be an important part of the investigation, prosecution and data collection process. The Sheriff's Analyst, and the DCDA Community Outreach Manager are valued additions to DCIMME. We, the undersigned have read and agree with this MOU. Further, we have reviewed the portion of the proposed project budget pertaining to the collaborative effort described herein, and approve it. We have reviewed the grant application. Any of the parties may request modification or terminate their participation in this MOU upon 30-days written notice to the other parties. Termination under this section shall not affect any obligations accrued prior to termination. This agreement will be effective until December 31, 2023. V. Signature Pages Each agency is provided the MOU with a separate signature page. Page 8 of 11 MOU- Deschutes County Illegal Marijuana Project FY21-24 I have reviewed pages 1-8 of the Illegal Marijuana Market Enforcement Grant Program and agree to the MEMORANDUM OF UNDERSTANDING (MOU) FOR FY2021-2023: Deschutes County Sheriff s Office, Deschutes County District Attorney, and City of Bend Police Department By _ Date 8/20/2021 L. Shane Nelson, Sheriff Deschutes County Sheriff s Office Page 9 of 11 MOU- Deschutes County Illegal Marijuana Project FY21-23 Document No. 2021-710 I have reviewed pages 1-8 of the Illegal Marijuana Market Enforcement Grant Program and agree to the MEMORANDUM OF UNDERSTANDING (MOU) FOR FY2021-2024: Deschutes County Sheriff's Office, Deschutes County District Attorney, and City of Bend Police Department By�- Mike Krantz, Chief City of Bend Police Department Date Page 10 of I I MOU- Deschutes County Illegal Marijuana Project FY21-24 Document No. 2021-710 I have reviewed pages 1-8 of the Illegal Marijuana Market Enforcement Grant Program and agree to the MEMORANDUM OF UNDERSTANDING (MOU) FOR FY2021-2024: Deschutes County Sheriff s Office, Deschutes County District Attorney, and City of Bend Police Department By John I Desch 1, District Attorney runty District Attorney's Office Date �® Page 11 of 11 MOU- Deschutes County Illegal Marijuana Project FY21-24 FY19-21 DCIMME Updates DCIMME grant activities went beyond just enforcement and prosecution and included a research component and an education outreach initiative. Both of these elements are still ongoing and will be completed fall FY22 using the FYI 9-21 rollover funds. Below is a synopsis of what has been accomplished to date. Research The Portland State University research team (Kris Henning, Ph.D. & Greg Stewart, MS) conducted a survey in 2020 to gain a better understanding of law enforcement's experiences with the current marijuana laws. The research started in Deschutes County but expanded to agencies across the state to provide a more comprehensive analysis. The Dazed and Confused: Police Experiences Enforcing Oregon's New Marijuana Laws report is attached - page 2. Community Outreach In February 2020, DCIMME hosted three public focus group meetings — one for the marijuana and hemp industry, one for agencies and businesses that work with the industry (i.e. shipping, permitting), and one for the general public. During these meetings we talked about the illegal marijuana market enforcement program, Deschutes County's program, asked the participants based on their area of expertise what concerned them most about illegal marijuana, what if anything had they noticed or experienced, and what might they need from our agencies to help with this issues. The meetings were well attended and the discussions during each one were thoughtful and productive. During these meetings, we also addressed our initial concept for an informational website that would include a submission portal for leads on illegal marijuana activity. The concept for the website, including the decision tree to determine whether or not an activity was legal were well received and some great insights were gleaned during the prototype test runs and follow-up discussions. In addition, a lead on illegal activity resulted from these meetings. Over the next 13 months, the content for the website was developed. The complexity of the marijuana laws and the fact that there can be differences by city, made crafting the text much slower than we had originally planned, especially related to the decision tree element. The decision tree required laying out all the questions and possible answers into Excel and then transposing that information into a linked PowerPoint that would "function" like a website. This mock website of over 400 interactive slides allowed us to fully review and test the concept with subject matter experts and the general public. Then the text was edited by a professional content editor before it was sent to the web development team. We are now doing our first round of edits in the official web format and it is really beginning to take shape. Please see the attached images for a brief snapshot of what the future CannaFacts website will look like - page 9. Introduction This research brief reports findings from a survey completed by 301 Oregon police officers and sheriff deputies in the latter half of 2020. The survey asked about their experiences enforcing the state's current marijuana laws and their perception on trends in marijuana -related public safety issues. The project was supported in part by an Illegal Marijuana Market Enforcement (IMME) grant from the Criminal Justice Commission to Deschutes County. This grant program was created in 2018 by SB 1544 and was designed to assist local law enforcement agencies and district attorneys' offices in their efforts to address the illegal marijuana market in Oregon. Additional support for the research was provided by the Department of Public Safety and Standards and Training (DPSST), the Oregon Association of Chiefs of Police, and the Oregon State Sheriffs' Association. Finally, several law enforcement agencies directly participated by sending the survey to their employees. This includes the Bend Police Department (BPD), Redmond Police Department (RPD), Deschutes County Sheriff's Office (DCSO), and the Klamath County Sheriff's Office (KCSO). The survey was conducted in two waves; the first wave focused on officers and deputies in Deschutes County. We worked with the county's major law enforcement agencies to distribute an email invitation to all of their sworn employees. This invitation asked the officer/deputy to complete a brief online survey regarding Oregon's current marijuana laws. These efforts generated 114 completed surveys, accounting for 37.9% of our total sample. For the second wave we collaborated with DPSST, KCSO, and the state's two law enforcement associations to distribute a similar invitation to all of their members and advanced trainees. A total of 187 law enforcement employees participated in the second wave, comprising 62.1% of the sample. The majority of respondents had worked in local law enforcement for 11+ years (63.1%), were either an officer/deputy (52.0%) or Sgt./Lt. (24.5%), and most worked in patrol (65.2%). Given the different recruiting strategies employed and disproportionate sampling in Deschutes County, we recommend a degree of caution in generalizing our findings to officers/deputies in the state as a whole. What follows are the main findings from the study and several recommendations based on these results. 2 Trends in Marijuana (MJ) Related Problems % Officers/Deputies Answering "Increased a little" or "Increased a lot" People shipping MJ to other states 92.8% Adults using M1 in public settings 92.7% Adults DUI of MJ 91.6% People illegally processing M1 91.6% People carrying MJ to other states 91•2% Young people DUI of M1 88.2% Young people using/possessing MJ 87.9% Theft of MJ from commercial growers 82.9`16 People using/poss. M1 on Fed. Prop. 82.2% Growing illegal quantities on Priv. prop. 80.5% Theft of M1 from ppl growing for own use 75.6% Young people having bad reaction to MJ* 72.5% Adults having a bad reaction to MJ* 65.0% Adults poss. illegal quantities of M1 60.8% Publicreople growing MJ on vA `�l Sti ti `3.'`�,ri%�u5;�$v.,µ:People growing MJ on Fed. property 32.8% *Reaction that results in a response by police, fire, or EMT (e.g., overdose, panic attack). Note: Perceived trend over past three years. Excludes cases where respondent answered "Don't Know". The first section of the survey assessed officers' perceptions about trends in marijuana -related activities that are of concern to law enforcement and the IMME grant program. The questions asked officers if these activities had, "Decreased a lot", "Decreased a little", "Stayed about the same", "Increased a little", or "Increased a lot" overthe past three years. Respondents were also allowed to select, "Don't know." The latter responses were removed from the chart shown above. The vast majority of officers and deputies reported that people shipping or carrying marijuana to other states, both of which are targeted by the IMME grant program, had increased over time. Likewise, the majority of respondents said that use of marijuana in public by adults and driving under the influence of marijuana by adults and youth had all increased. Possession and use of marijuana by youth (under age 21) was also believed to have gone up. Finally, the vast majority of officers/deputies reported that illegal processing of marijuana for extracts, concentrates or liquids rose over the past three years. A smaller majority of respondents reported increases in the following areas: theft of marijuana from commercial growers, using/possessing marijuana on Federal property, adults possessing illegal quantities of marijuana, people growing illegal quantities of marijuana on private property, and theft of marijuana from people growing for personal use. The officers/deputies surveyed also reported increases in youth and adults having a bad reaction to marijuana that resulted in a call to emergency responders (i.e., overdose, panic attack). There were only two activities on our list that were rated by the majority of respondents as decreased or stayed about the same: growing marijuana on public property (e.g., city parks, schools, streets; state lands) and growing marijuana of federal land. Notably, 80.7% of all respondents answered "Don't know" to the latter question. 3 Now Easy is it for Officers/Deputies in Oregon to Identify Marijuana Offenses Driving under the influence of MJ Using MJ illegally (non -DUI) Poss. of an illegal quantity of MJ Distributing MJ illegally Processing MJ illegally Growing Mi illegally Our next set of questions were generated after hearing anecdotal reports from officers/deputies regarding the difficulties they experience while enforcing Oregon's current cannabis laws (i.e., recreational marijuana, medical marijuana, hemp). For the survey we asked whether the current state laws make it, "Very easy", "Easy, "Neither easy nor difficult", "Difficult", or "Very difficult" to identify when people are engaged in six specific acts that remain illegal. The chart above documents the officers/deputies' responses to these questions. Starting at the bottom of the chart, 74.7% of the respondents said that Oregon's laws make it difficult to very difficult (referred to henceforth as difficult) to identify when people are growing marijuana illegally. Next, 69.6% of respondents said it is difficult to determine when someone is illegally processing marijuana for extracts, concentrates, or liquids. Roughly two-thirds of the officers/deputies said that it was difficult to determine when someone was illegally distributing marijuana (64.6%; e.g., selling, trading, bartering) or when someone possessed an illegal quantity of marijuana (67.7%). Smaller proportions of respondents Easy or "ery Easy n9% .8% am WE found it difficult to determine when people were using marijuana illegally in non -driving situations (49.3%) and when people were driving under the influence of marijuana (46.1%). We should also note that only a very small percentage of respondents (2.8% to 16.4%) said that Oregon's current marijuana laws make it easy or very easy to determine when people have engaged in these six illegal activities. After answering these questions officers/deputies were given the opportunity to explain in an open-ended format why Oregon's marijuana laws were difficult to enforce and what might be changed to make this easier. The 157 responses submitted were reviewed yielding four non - mutually exclusive themes. The themes and sample quotes are documented on the next two pages. 4 1- Oregon's Current Marijuana Laws are Confusing and Poorly Written In examining the narrative responses, the overwhelming consensus is that the state's current cannabis laws are confusing and poorly written. Over 75% of the respondents addressed this theme (see quotes below). 2 - Oregon's Marijuana Laws are Difficult to Enforce and Violators are not Prosecuted The majority of officers/deputies surveyed said that some of Oregon's marijuana laws were difficult to enforce. Many also expressed concern about a lack of prosecution by District Attorneys. • "Laws were written to be confusing and difficult to • enforce. If lawmakers are trying to get cops to not enforce marijuana laws, they're on the right track." • "The amount allowed to possess varies from substance to substance. I cannot determine what is a legal amount or not, or whether or not the substance came for a licensed retailer. Additionally, the age differences and whether or not the items sold is for consideration or not makes determining whether or not a crime, violation, or nothing has occurred extremely difficult." • "It is a poorly written law in the first place and there are numerous caveats within it. I have just started treating weed as if it is legal regardless of the amount." • "Laws are convoluted and not designed around enforcement but rather frustrating law enforcement to give up on enforcement or feel unsure the seizure and enforcement of marijuana related laws." • "Because there are two different rules to apply recreational and medical and then rules very among those. It's crazy if Marijuana is legal why have a medical program." • "The laws are extensive and not well written with Medical Marijuana sprinkled in. It would be easier to state Marijuana is either legal or illegal, not have certain amounts treated at different levels, which is also dependent upon people's age and whether or not they have Medical Marijuana cards and/or a grower's card. Way too convoluted." • "The laws are too convoluted to comprehend. If we as law enforcement can't easily decipher the laws, how can we expect the citizens to be able to understand them?" "Oregon has made it difficult to identify the line dividing lawful cannabis vs illegal cannabis use/distro/sales/etc. because there are so many technically 'lawful' uses or exceptions to otherwise illegal cannabis. Other than age minimums, there are few interactions that can be taken at face value and enforcement decisions must be researched prior to being enacted." • "In most cases, it is not hard to develop probable cause for illegal use of marijuana, however certain situations are merely violations so probable cause is insufficient to enforce the law due to the fact it must be observed by LE to be enforced. It's causing a lot of negative reaction by public when the behavior is directly observed by citizens and [law enforcement] cannot do anything about it." "During roadside contacts it's difficult to discern a fictitious document stating the person can possess, travel, or distribute marijuana legally. It's also difficult to discern whether or not a person is transporting marijuana across state lines while roadside." • "Getting local district attorneys to issue warrants/subpoenas can often be difficult as they frequently refuse to prosecute any marijuana related laws. Offenders often claim the product is hemp rather than marijuana which also makes it difficult to determine what the product is." • "How the laws are written are very grey. They are so confusing DA offices will not even look at MJ cases. All MJ cases save DUI are no actioned in the two counties I work." • "DAs commonly drop charges, or plea it down to such a minimal punishment, that it is not worth the danger it costs police to enforce the laws." • "I find deputy district attorney's [sic] are hesitant to take on marijuana cases as they too cannot decipher the law. I find they (DDAs) don't pursue charges as it is 'legal'." • "It also seems pointless to care about it when, in _ County, even if someone has several hundred pounds there will be no prosecution. I would just prefer that it is legalized and then it is not an issue." 5 3 - Driving Under the Influence of Marijuana is Difficult to Prove and Prosecute Respondents reported several challenges regarding marijuana -related DUIs. First, they were unaware of any successful enforcement efforts in the state related to this offense. Second, they perceive that prosecutors are unwilling to pursue these cases. Finally, they pointed to the need for additional resources to address DUIs involving marijuana. • "Oregon DUII laws make it very difficult to get people driving under the influence of any intoxicating substance off the road. If lawmakers were really concerned about getting these people from killing innocent citizens, they will revamp the current DUII laws, including cannabis intoxication, to make it easier to conduct DUII investigations." • "There has not been a successful prosecution of a DUI involving marijuana that I have heard of in Oregon based on my last DUI training." • "Marijuana DUII is the most dangerous and most difficult to investigate/enforce." • "Because the local DAs office does not prosecute marijuana DUIs. I have yet to have a single marijuana DUI actually prosecuted before being dismissed by the DA's office." 4 - Current Laws do not Prevent Illegal Activity or Protect Youth Oregon voters approved Measure 91 in 2014, allowing recreational use of marijuana by adults over the age of 21. Officially known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, the stated purpose was to eliminate problems resulting from the illegal production and distribution of marijuana, including use by juveniles. Some of the officers/deputies surveyed believe that the current legislation fails to achieve these objectives. • "Oregon's MJ laws are a joke. M1 is flowing out of the state to be sold in other states, just ask any officer or Trooper who works interdiction. The M1 processed now is not the same as years ago and is directly harming young children/teens/adults." • "As it pertains to DUII, it is difficult to explain to a jury why somebody is impaired by a substance they've been told doesn't produce impairment." • "The decriminalization of marijuana may be a contributing factor to other controlled substances being used whereby making it difficult to ascertain what substances are truly in play." • "People think because marijuana is technically legal, they have carte blanche to possess and smoke in public without reserve. It's a disaster." • "DUlls are difficult to prosecute without a Drug • "Teens really need education on the very real dangers of Recognition Expert (DRE). There are too few DBEs." using it at their age. The dangers of addiction and potential mental health problems for teen users needs • "My understanding is that marijuana DUlls do not get to be advertised a lot more." prosecuted... generally." • "The laws change frequently and updates are hard to keep up with. A cannabis test for DUII (Like BAC for alcohol) would be of great value to public safety!" • "DUII laws for MJ are difficult to get convictions due to no standardized limits for impairment." • "The other issue involving DUIs is that DUIs are inherently complicated and primarily civil in a majority of the investigation. There has been no updated procedure on how to deal with the DUI marijuana stuff without calling for a Drug Recognition Expert. DUIs inherently take hours to complete and you add calling a DRE into the mix and it doubles because of the amount of work." • "Laws are promoting a culture of telling people/youths its ok to use MJ and its even good/healthy for them." Opinions of Officers/Deputies Regarding Oregon's Current Marijuana Laws Oregon's Ml laws need to be simplified Oregon's M1 laws are difficult to enforce Oregon's M1 laws are hard to interpret Oregon's laws make it hard to differentiate legal & illegal activity Oregon's M1 laws are poorly written Oregon's M1 laws need to be changed it is often unclear who is responsible for enforcing Oregon's M1 laws The agencies regulating M1 make it difficult to investigate illegal activity Note: Remaining respondents answered "Neither agree nor disagree", "Disagree", or "Strongly disagree". Eight additional survey items were added between the first and second sampling waves to explore opinions raised in the preliminary narrative comments. The items presented respondents with statements about Oregon's marijuana laws and asked if they, "Strongly disagree", "Disagree", "Neither agree nor disagree", "Agree", or "Strongly agree." A little more than one-half of the total sample (n = 169) answered these items. Over 80% of the officers/deputies agreed or strongly agreed that Oregon's marijuana laws need to be simplified, that they are currently hard to interpret and difficult to enforce, and that differentiating legal from illegal marijuana activity is challenging. More than three-quarters (75%) agreed that the state's current marijuana laws are poorly written and need to be changed. Finally, a majority of officers agreed that it is often unclear who is responsible for enforcing marijuana laws and that the agencies regulating legal marijuana in Oregon make it difficult to investigate illegal activity. Regarding the latter, there are three primary agencies responsible for regulating cannabis: the Oregon Liquor Control Commission (recreational marijuana), the Oregon Health Authority (medical marijuana), and the Oregon Department of Agriculture (hemp). Narrative comments highlighted confusion created by regulatory overlap and poor oversight by these agencies. ® 'The incompetence of OLCC and getting consistent answers when you are able to get a hold of someone. They have failed miserably in their ability to regulate and work in good partnerships with local law enforcement." ® "Growers are licensed by the OLCC but grow outputs are not tracked and compared against sales to legal distributors. Intake by legal distributors is not tracked and compared against sales/destruction. This allows otherwise legal growers to overproduce. This overproduction is then sold to out of state, black market, distributors. When law enforcement approaches a grower there is no way to determine what portion of their output is legal and what is overproduction. Growers have many ways of concealing their production and sales of the overproduction." As suggested by our findings and the title for this report (Dazed and Confused), police officers and deputies in Oregon are struggling to understand and actively enforce the state's remaining prohibitions involving marijuana. Where once there was a clear distinction between legal and illegal activity, there is now complex, many would say poorly written, policy that is difficult to implement in the field. The current authors' recent work with Deschutes County's IMME grant team provides confirmation of these difficulties. Efforts to develop simple flow charts, "cheat sheets" and other educational materials to help people determine what is illegal in the state have proven extremely difficult. Determining whether a given marijuana possession is illegal, for example, depends on a myriad of factors, including the amount of the substance, the form (e.g., dried leaf vs. edible vs. concentrate), the THC level, the source (private grow vs. licensed retailer), where the person is at the time (private vs. public vs. federal property), who the person is (juvenile vs. adult), and whether the substance is meant for recreational or medical use. Similar complexity exists for other marijuana -related activities (e.g., production, processing, transport, distribution, public use). RECOMMENDATIONS The state's decision to empower three separate agencies (OLCC, OHA, ODA) with regulating legal cannabis further complicates the job of local law enforcement. Some of the existing laws make it difficult to collaborate with these agencies when police/deputies investigate marijuana violations. Likewise, some of the people surveyed for this report were concerned about poor oversight of the legal cannabis market and a lack of clarity regarding enforcement responsibilities. In summary, the current research highlights the need for Oregon's policy makers to clarify and simplify the role of law enforcement in the era of legalized cannabis. Efforts in this regard would clearly benefit police, but also responsible users, growers, and distributors of marijuana -related products who themselves navigate the state's existing legal complexities. Finally, clarifying and improving the state's cannabis policies may help Oregon live up to the stated objectives for Measure 91. This includes the elimination of the illegal marijuana market, stopping the diversion of marijuana to other states, reducing access to the substance among youth, preventing DUI, and the effective prioritization of law enforcement resources to enhance public safety. 1. Simplify Oregon's cannabis laws with regard to enforcement - There was an overwhelming consensus among the responding law enforcement officers that the current laws are confusing and poorly written. As a result, these laws are very difficult to enforce. Fixing this issue should be a priority for state lawmakers. Confusing laws do not benefit law enforcement, the public, or public safety. 2. Provide resources to address marijuana -related DUI - Some of the problems surrounding DUI enforcement that are documented in this report are technical in nature (i.e., the need for a standardized impairment test); others appear to be related resources and training (i.e., shortage of drug recognition experts). The state can help address this by allocating additional resources to marijuana -related DUI, which most law enforcement officers believe is on the rise. 3. Support collaboration between agencies — Many of the officers/deputies surveyed perceived a lack of commitment to prosecuting marijuana -related cases. Others reported difficulties working with the state agencies responsible for regulating legal cannabis, particularly OLCC. Legislators should look for ways to enhance collaboration between agencies as a means of discouraging illegal activity that harms our community and law-abiding cannabis businesses. 4. Expand research on the impact of marijuana legalization —The state's move to legalize recreational marijuana may have benefits. There is also the potential for unintended consequences. The state should carefully study the impact of changes to substance -related policies by investing in more research on these issues. 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H y✓ _ La Y9...,. ...................................... .......... is S E S COG�a o MEETING DATE: BOARD OF COMMISSIONERS November 1, 2021 SUBJECT: Fee Waiver Request / Yreka Butte Enterprises RECOMMENDED MOTION: Deny the fee waiver request. BACKGROUND AND POLICY IMPLICATIONS: The purpose of this work session is to consider a Fee Waiver Request from Yreka Butte Enterprises. The request, submitted by Edward Fitch, is to reduce the fees for a plan amendment and zone change to $6,000 to establish a surface mine operation near Hampton. The subject property is approximately 5 acres and zoned Exclusive Farm Use (EFU) with Wildlife Area and Sage Grouse Combining Zones. BUDGET IMPACTS: Deschutes County's plan amendment and zone change fees for this property range from $24,183 to $27,408. Application fees represent a plan amendment (with or without a Goal exception) and two zone changes, one from Exclusive Farm Use to Surface Mine, and the other establishing a Surface Mining Impact Area Combining Zone. The fee range also includes a $5,500 Hearings Officer and Administrative Deposit. ATTENDANCE: Peter Gutowsky, Community Development Director ES cv COMMUNITY DEVELOPMENT MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Director DATE: October 27, 2021 SUBJECT: Fee Waiver Request / Yreka Butte Enterprises I. Summary The purpose of this work session is to consider a Fee Waiver Request from Yreka Butte Enterprises (Attachment 1). The request, submitted by Edward Fitch, is to reduce the fees for a plan amendment and zone change to $6,000 to establish a surface mine operation near Hampton. The subject property is approximately 5 acres and zoned Exclusive Farm Use (EFU) with Wildlife Area and Sage Grouse Combining Zones. Deschutes County's plan amendment and zone change fees for this property range from $24,183 to $27,408.1 Establishing a surface mine requires changing the Comprehensive Plan, rezoning the property from EFU to Surface Mine (SM), creating a Surface Mining Impact Area Combining Zone (SMIA), and entitling a surface mine operation per Deschutes County Code (DCC) 18.52.050 and 18.124.030.1 The applicable Fee Waiver Policies are: 4. Fee waivers under this policy to provide a public benefit provided by a non-profit or public organization are subject to Board of County Commissioners approval. 8. The Board of County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted. The following summarizes Yreka Butte Enterprises' request: [the] property is just South of Highway 20. There is a need for some aggregate for the local farmers around this area for their roads and pivots, as well as a need by Deschutes County for some aggregate for Fredrick Butte Road. It is not economical to transport these small amounts of aggregate from sites near the City of Bend all the way to this area of the county. 1 Application fees represent a plan amendment (with or without a Goal exception) and two zone changes, one from EFU to SM, and the other establishing a SMIA. The fee range also includes a $5,500 Hearings Officer and Administrative Deposit. 2 Conditional Use and Site Plan Review will be required upon a successful re -designation to SM and SMIA. The fees are $2,984 and $4,728, respectively. The main issue here is whether or not we can arrange for a small-scale mining operation that would fit the economic needs of the farmers in the area in question for some aggregate, as well as Deschutes County, vis-6-vis Fredrick Butte Road. To mine and crush the rock in this area, at approximately five thousand to ten thousand (5,000—10,000) yards every two to three (2-3) years, would only be available if the land use application fees for such project were on a scale that would make this operation feasible. Currently, the fees for the zone change and plan amendments for this small operation is approximately eighteen thousand dollars ($18,000). The purpose [of this letter] is to request that Deschutes County adjust that fee for this operation to be six thousand dollars ($6,000) instead. This would enable this operation to become economically feasible, which in turn would benefit the eastern portion of Deschutes County and its local farmers in that area, as well as the Deschutes County Public Works Department. The proposal for Yreka does provide a public benefit in that it will provide material for Fredrick Butte Road when Public Works Department needs material. Further, my client is not asking for a Fee Waiver, it is asking for a discount on the Fees due to the economics of this whole application. This is a very isolated parcel out in the eastern reach of Deschutes County. The agricultural community out there has limited access to these aggregate resources due to the distance between the ranches and any area where the resources are available or reasonable economic basis. Given the very small scale of this operation and its distance from the main center of Deschutes County, the potential benefit of the Public Works Department on Fredrick Butte Road and the local agricultural community in this general area, I believe the fee discount makes sense. It will still ensure that the Planning Department receives sufficient funds to process this application. We have previously reviewed the application with the Oregon Department of Fish and Wildlife, who have opined that there should not be any negative impact on the Sage Grouse population. 11. Previous Fee Waiver Actions Randy Scheid, Acting Community Development Director, denied the fee waiver request on September 29, 2001 stating the Community Development Department does not have the authority to approve it per the Fee Waiver Policy.' Nick Lelack, County Administrator, denied the fee waiver request on appeal, on October 13, interpreting the Fee Waiver Policy "public benefit" to only apply to non-profit and public organizations and not to private applications (Attachment 2). His decision was subsequently appealed to the Board of County Commissioners on October 25. III. Recommendation Consistent with previous decisions, staff recommends the Board deny the fee waiver request. s Attachment 1. Pages 5 and 6. -2- IV. Board Options (1) Approve the fee waiver adjustment in the amount of $6,000 and find that the action is in the public benefit; or (2) Approve a partial fee waiver and find that the action is in the public benefit; or (3) Deny the fee waiver request. Attachments 1. Fee Waiver Request to the Board 2. County Administrator Fee Waiver -3- Attachment 1 GI, FITGH a October 25, 2021 VIA: FIRST CLASS MAIL Notification of'Mailing Sent Viet Email Deschutes County Services Building, Administration ATTN: Nick Leh-ick, Deschutes County Aclrninistrator• P.O. Box 6005 Bend, OR 97708 E: niek.lelack(&deschutes.org Re: David Barker - Zone Changes and Plan Amendment Dear Nick, Edward P. Fitch Attorney ed@)ptchartdrteaw? win Randi N. Anderson Paralegal randita)fltchandnear xom Enclosed please find the completed Appeal Application for my client concerning the partial fee waiver previously submitted to your department for the zone change and plan amendment. Please let me know what procedure will entail with this a peal at your earliest convenience. f am assunTung since this is a fee waiver issue that there is no free for the submission ol'the. Appeal Application, but let me know if this is not the case. Should you have any questions or concerns, please do not hesitate to reach out to me. Thank you for your prompt attention to this matter. Very truly yours, EDWARD P. FITCH Attorney for David Baker EPF: RNA Encl: As Indicated Above CC: Client 210 SW 5`1 SI.., Ste. #2 j Redmond OR 97756 Phone: 541.316,1588 1 Fax: 541.316.1943 Page I I APPEAL APPLICATION FEE: EVERY NOTICE OF APPEAL SHALL INCLUDE: 1. A statement describing the specific reasons for the appeal. 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. 4. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. it is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal. Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal (DCC Section 22.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning those issues. Appellant's Name (print): VA L �-A � ���� � i SEE Phone: 3&6 o3`! Mailing Address: 616 V 4"j 0,b City/State/Zip:Y v��ens b� Land Use Application Being Appealed: 17 cZaviz-e Property Description: T Appellants Signature: p —! Z Range o EXCEPT AS PROVIDED IN SECTION Tax Lot '9 a APPELLANT SHALL PROVIDE A COMPLETE TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FORTHE DENOVO HEARING OR, FOR ON -THE -RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. (over) 11 7 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005 1'� (541)388-6575 @ cdd09deschutes.org a www.deschutes.orglcd Rev 5/18 NOTICE OF APPEAL C- (This page may be photocopied if additional space is needed.) 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541)388-6575 @ cdd@deschutes.org 0 www.deschutes.org/cd Edward P. Fitch Attorney at Law ITCH&1(���- a E A R Y ed4bfitchandne try.com P.C. Patricia Jane Roberts Paralegal patrici a(difitchandneamconi September 30, 2021 VIA FACSIMILE AAID US FIRST CLASS MAIL Nick Lelack Deschutes County Administrator Deschutes Services Building PO .Box 6005 Attn: Administration Bend, OR 97708-6005 Fax: 541-385-3202 Re: Yreka Butte Enterprises, LLC - Fee Waiver (deduction) .Request I am enclosing the email we received back from Kandy Scheid at the Deschutes County Planning Department. I understand that they do not have the authority to reduce the fee. I am also enclosing our rationale for the deduction in the letters 1 originally sent to the county commissioners. Please consider this letter an appeal of the Planning Department's decision to determine whether or not the commissioners would be interested in reducing the fee on this request given the economics of the use and the distance from any urban area, the potential benefit to the county and public works department to address Fredrick Butte Road from time to time. Thank you. Very truly yours, EDWARD P. FITCH EPF:pjr Enclosures cc: David Baker GAClients\EPMBaker, David\Baker, David MLelack ltr 093021.wpd 210 SW 5" Street, Suite 2 Redmond OR 97756 Phone:541.316.1588 Fax:541.316.1943 Ed Fitch From: Randy Scheid <Randy.Scheid@deschutes.org> Sent: Wednesday, September 29, 2021 3:23 PM To: Ed Fitch Cc: Randi Anderson Subject: RE: Discount on Fees for Zone Changes and Plan Amendment Mr. Fitch, A letter of appeal to the County Administrator will suffice. Thanks, Randy. �01 Ca Randy Scheid I Building Official DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue I Fiend, Oregon 97703 Tel: (.541) 317-3137 ta Let us know how we're doing: Customer Feedback Survey Enhancing the lives of citizens by delivering quality services in a cost-effective manner. Every Time .Standards We respond in a timely and courteous manner, identifying customer needs and striving for solutions. We set honest and realistic expectations to achieve optirrrurn results. We provide knowledgeable, timely, professional, respectful service. We take ownership of customers' needs and follow through. We value our customers and approach them with an open mind. From: Ed Fitch <ed@fitchandneary.com> Sent: Wednesday, September 29, 2021 1:03 PM To: Randy Scheid <Randy.Scheid@deschutes.org> Cc: Randi Anderson <randi@fitchandneary.com> Subject: RE: Discount on Fees for Zone Changes and Plan Amendment [I3XTLRNAL EMAIL] Thanks. Is this a formal appeal or is a letter appeal sufficient. From: Randy Scheid <Randy.Scheid@deschutes.org> Sent: Wednesday, September 29, 2021 12:53 PM To: Ed Fitch <ed@fitchandneary.com> 1 Cc: Randi Anderson <randi@fitchandneary.com> Subject: RE: Discount on Fees for Zone Changes and Plan Amendment Mr. Fitch, Thank you for your email requesting a discount on fees for zone changes and plan amendment dated September 29tn, 2021. As the acting Deschutes County CDD Director, I have reviewed our fee waiver policy and your request. I find that CDD does not have the authority to approve your fee waiver request as proposed per the Fee Waiver Policy. You may appeal my decision to the Deschutes County Administrator, Nick Lelack. Sincerely, Randy. \)Its CO Randy Scheid I Building Official C+ 61 DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue I Bend, Oregon 97703 Tel: (541) 317-3137 Let us know how we're doing: Customer Feedback Survey Enhancing the lives of citizens by delivering quality services in a cost-effective manner. Every Time Standards We respond in a timely and courteous manner, identifying customer needs and striving for solutions. We set honest and realistic expectations to achieve optimum results. We provide knowledgeable, timely, professional, respectful service. We take ownership of customers' creeds and follow through. We value our customers and approach them with an open mind. From: Peter Gutowsky <Peter.Gutowsky@deschutes.orp Sent: Wednesday, September 29, 2021 10:57 AM To: Randy Scheid <Randy.Scheid@deschutes.org> Subject: FW: Discount on Fees for Zone Changes and Plan Amendment FYI �JUS C� Peter Gutowsky, AICP I Planning Manager py DESCHUTES COUNTY COMMUNITY DEVFLOPMENT' G5 { 117 NW Lafayette Avenue I Bend, Oregon 97703 Tel: (541) 385-1709 ace Enhancing the lives of citizens by delivering quality services in a cost-effective manner. From. Randi Anderson <randi fitchandneary.com> Sent: Wednesday, September 29, 2021 10:55 AM To: Peter Gtutowsky <Peter.Gutowsky@deschutes.org> Cc: Ed Fitch <ed fitchandneary.com> Subject: RE: Discount on Fees for Zone Changes and Plan Amendment You don't often get email from randi@fitchandneaU.com. learn why this is important [EXTERNAL, EMAIL] Good morning, Attached please find a copy of correspondence from Mr. Ed Fitch as of today's date. Please note, I have also sent a copy via First Class Mail. Should you have any questions or concerns, please do not hesitate to reach out to me. Thank you. Randi N. Anderson Paralegal GI, BITCH & NEARY P.C. Fitch & Neary, P-C. 210 SW 5th Street, Ste. 2 Redmond, OR 97756 (P) 541-316-1588 (F)541-316-1943 (E) randi@fitchandneary.com CONFI )ENTIALFI'Y NOTICE: This email transmission, and any documents, files or previous email messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient or a person responsible for delivering it to the intended recipient, you are hereby notified that: any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received. this transmission in error, please notify us by reply at info@fitchandneary.com or by telephone at 541 316-1588 and destroy the original transmission and its attachments without reading them or saving them to a disk. VIA: FIRST CLASS MAIL Notification of Mailing Sent Via Email Deschutes County Commissioners Office ATTN: Mr, Anthony DeBone, Commissioner P.O. Box 6005 ATTN.• BoCC Bend, OR 97708-6005 E: '1 ony.DeBone@deschutes.org Deschutes County Commissioners Office ATTN: Mr. Phil Chang, Commissioner P.O. Box 6005 A7'77V.• BoCC Bend, OR 97708-6005 E: Phil.Chang@,deschutes.org Edward P. Fitch Attorney ed@ftba nd nea ru. corn Kelly Barber Paralegal La- ndi qfitchand eaearu.com Deschutes County Commissioners Office ATTN.• Ms. Patti Adair, Commissioner P.O. Box 6005 ATTN.• BoCC Bend, OR 97708-6005 E: Patti.Adair@deschutes.org Deschutes County Planning Department ATTN: Peter Gutowsky 117 N W Lafayette Avenue Bend, Oregon 97703 E: Peter.Gutowsky@deschutes.org Re: Discount on Fees for Tone Changes and Plan Amendment Dear Commissioners and. Peter, Peter Gutowsky sent provided me with information regarding the Fee Waiver Policy. We did not complete those policy documents due to the fact that Yreka Butte Enterprises, LLC does not qualify as the policy is written. Yreka Butte Enterprises, LLC is not indigent. The proposal for Yreka does provide; a public benefit in that it will provide material for Fredrick Butte Road when the Public Works Department needs material. Further, my client is not asking for a Fee Waiver, it is asking for a discount on the Fees due to the economics of this whole applicate. This is a very isolated parcel out in the eastern reaches of Deschutes County. The agricultural community out there has limited access to these aggregate resources due to the distance between the ranches and any area where the resources are available or reasonable economic basis. Given the very small scale of this operation and its distance from the main center of Deschutes County, the potential benefit to the Public Works Department on Fredrick Butte Road and the local agricultural community in this general area, I believe the fee discount makes sense. It will still ensure that the Planning Department receives sufficient funds to process this application. I seriously there would be any opposition to this fee reduction. We have previously reviewed the application with the Oregon Department of Fish and Wildlife, who have 210 SW 5`I St., Ste. #21 Redmond OR 97756 Phone: 541.316.1588 I Fax: 541.316.1943 Page 1 1 FITCH Edward P. Fitch c Attorney ed tchgndncarY.cc-m Kelly Barber Paralegal rqndiofitehand�tegnl.corj� opined that there should not be any negative impact on the Sage Grouse population. We do not foresee any adverse impact on any other resource or wildlife given the very limited nature of this application. Very truly yours, EDWARD P. 1' ITCH Attorney for David Baker EPF: KB Encl: N/A CC: Client 210 SW 5'h St., Ste. #2 j Redmond oR 97756 Phone: 541.316.1588 I Fax: 541.316.1943 Page 1 2 FITCH & August 31, 2021 VIA: FIRST CLASS MAIL Notification of Mailing Semi Via Email Deschutes County Commissioners Office A7'7N: Hr. Anthogv Dellone, Commis.tiioner P.O. Box 6005 A77N: Bo('(' [lend, OR 97708-6005 l: 'I'ony.DeBone(ddeschutes.org Deschutes County Commissioners Office A7"CN: Ali% Phil Chai?A>, ('olmnissioner P.O. Box 6005 A7TAI: BoCC Bend, OR 97708-6005 E: PhiI.Chang( �deschutes.org Edward P. Fitch Attorney e(-hq, (!A1C nc/rrc:-aI-U-Lynn Randi N. Anderson Paralegal ra_ llrli(�lfitc�limr(In��gr�.cnr�t Deschutes County Commissioners Off ice AKI'N::bh. Patti A(lair, C'ommistiioner P.O. Box 6005 A7'7N• BoCC Bend, OR 97708-6005 E:: Patti.Ada irr4�deschutes.org Re: Discomit on Feev.for Zone Clianges aizd Plait Amendmew Dear Commissioners. This office represents Mr. David Baker, individually, and Yreka Butte i'nterprises, LLC, as an entity, in regard to a proposed five (5) acre surface mine on the eastern edge of Deschutes County, My client's property is located at the Deschutes County line with Harney County, I am enclosing a map showing the, general location of the property for your reference. As you can see, the property is just South of 1-Tighway 20. "There is a need for some aggregate for the local farmers around this area for their roads and pivots, as well as a need by Deschutes County for some aggregate for Fredrick Butte Road. It is not economical to transport these small amounts of aggregate from sites near the City of Bend all the way to this area of the county. My client, David Baker, on behalf of Yreka Butte Enterprises. LLC, has proposed a very small-scale mining operation on his property to remedy this issue.This proicet will be located on'T'ax I,ot 804 and Tax Lot 500. The second map i am enclosing will show the location of that proposed surface aline. It is only five (5) acres in size. We have reviewed this application with the Department of Dish and Wildlife, and it does not appear that there is any need for mitigation, vis-A-vis the. Sage Grouse population in that area, Also, the property suhiect to this proposed mine does not have any agricultural value. The main issue here is whether or not we can arrange for a small-scale minim; operation that would tit the economic needs of the farmers in the area in question for some aggregate, as well as Deschutes County, vis-A-vis Fredrick Butte Road. 'I'o mine and crush the rock in this area, at 210'SMI 5"' Sc, Ste. 421 Redmond Ott 97750 Phone; 5:11.3 W 1588 ;fair. 541.3 I6,1943 NIV I I x Edward P. Fitch >; Attorney w c. gd ) itGhuritlmgma Randi N. Anderson Paralegal rernrli�<e� .,t�hgr��tta4.ury„cc,m approximately live thousand to ten thousand (5,000 -- 10,000) yards every two to three (2-3) years, would only be available if the land use application fees fior such pr(>ject were on a scale that would make this operation feasible. Currently, the fees for the zone change and plan amendments for this small operation is approximately eighteen thousand dollars ($18,000). The purpose of this letter is to request that Deschutes County adjust that tee for this operation to be six thousand dollars ($6,000,00) instead. This would enable this operation to become economically feasible, which in turn would benefit the eastern portion of Deschutes County and its local fartners in that area, as well as the Deschutes County Public Works Department. We would be happy to review this proposal in person, or by phone, if so desired by the Commissioners. We have reviewed this request with representatives of the Community Development Department as well. "They have suggested that we make this request to the Con»nission directly. I am also enclosing the Partial Fee Waiver Application Form for your consideration. We are hopeful that we can come to an agreement, and will look forward to your response. Should you have any questions or concerns, please do not hesitate to reach out to rne. Thank you for your attention to this matter. Very truly your,;, EDWARD P. FITC:H Attorney liar David Baker EPF: RNA Encl: NIA CC': Client Mr. Nick Lelack, Community Development Director Pia Email: Nick.LGlack(u dcssclaactcs.crf� 210 SW S,n St., Ste. ,12 I Rcclmond OR 97756 Phones: 541.316.1588 j Fax: 541.316.1943 Page 12 Overview Map Map and Taxlot: 2120000002300 col ES Co L � .c Deschutes County Property Iniormation - Dial Overview Map U 1/ 4' x� �''``'* na a v f Y=r ES C0 4r .a ea sa ,A&, .A Edward P. Fitch 210 SW 51h Street, Suite 2 Redmond, OR 97756 October 13, 2021 RE: Yreka *Butte Enterprises, LLC — Fee Waiver (Reduction) Request Dear Mr. Fitch: Attachment 2 Thank you for your Facsimle and letter regarding a fee waiver (reduction) request on behalf of your client, Yreka Butte Enterprises, LLC. I am denying the request for the following reasons: 1. incoordination with former Community Development Department (CDD) Director and County Administrator Tom Anderson, who authored the Fee Waiver Policy (adopted in 2006), the County has interpreted "public benefit" to only apply to non-profit and public organizations and not to private applications. This interpretation matches my implementation of the Policy while serving as CDD Director. 2. CDD's fees are based on the average costs to process land use applications rather than the actual cost of service for a specific application. This decision may be appealed to the Board. If appealed, please submit the appeal to me for processing. Sincerely, Nick Lelack, County Administrator ' 300 IOW Wall Street Be na, Oregon 97703 (s41) w388, 6565 @www.deschutes.org vT E S CpG2a o � BOARD OF • 1L ll MEETING DATE: 11 /1 /2021 SUBJECT: Wildlife Inventory Update - Continued Discussion of Options BACKGROUND AND POLICY IMPLICATIONS: On September 29, staff provided the Board of County Commissioners with a "roadmap" of potential options pertaining to a wildlife inventory update. This included a discussion of choosing how many inventories to update and when to do so, as well as a discussion of conflicting uses for consideration. Staff is now returning to the Board for further discussion of the update options, and is offering revised timelines for the inventory update process. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, Senior Planner MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner DATE: October 28, 2021 SUBJECT: Wildlife Inventory Update - Continued Discussion of Options On September 29, staff provided the Board of County Commissioners (Board) with a "roadmap" of potential options pertaining to a wildlife inventory update.' This included a discussion of choosing how many inventories to update and when to do so, as well as a discussion of conflicting uses for consideration. Staff is now returning to the Board for further discussion of the update options, and is offering revised timelines for the inventory update process. I. Wildlife Inventory Roadmap - Options As stated previously, the process for updating a Goal 5 wildlife inventory is prescribed by Oregon Administrative Rules (OARS). In addition, Oregon counties rarely, if ever, undergo the process to update existing wildlife inventories because, unlike cities, they are not required to comply with periodic review.' By choosing to undertake a Goal 5 wildlife inventory update, Deschutes County will be moving forward with a rarely -utilized and complex process that, while a significant effort, can hopefully provide an example of best practices for other jurisdictions as well as the County for future efforts. Below, staff briefly restates each option: Option 1 Select one of the three inventories to update the Comprehensive Plan and Zoning Code as a pilot project now, as a model for future inventory updates following the completion of the Comprehensive Plan Update. As noted previously, if this option is selected, staff suggests updating the mule deer inventory due to the species' visibility in the county, the noted decline in population, and the most robust new data. 1 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-16 ' Periodic Review is a term used in Oregon law to describe the periodic evaluation and revision of a local comprehensive plan. Prior to 2003, state law (ORS 197.628 - 636) called for counties to review their comprehensive plans according to a periodic schedule established by the Land Conservation and Development Commission (LCDC). The Oregon Legislature eliminated periodic review requirements for counties in 2003 (SB 920). Option 2 Select two of the three inventories to update as a pilot project. As noted previously, if this option is selected, staff recommends updating the mule deer and elk winter range inventories owing to the similarity of the data types and therefore the methodology for the legal findings and justification. Option 3 Initiate the wildlife inventory updates following the completion of the Comprehensive Plan Update which is expected in FY 2023-2024. II. Revised Timelines Based on additional coordination with partner agencies as well as internal research, staff recommends extending the original timeline presented for inventory updates. As noted previously, each inventory update will include a series of virtual open houses hosted by the Planning Commission (2-3 for a single inventory; 4-6 for two inventories). In addition, due to the significant nature of the undertaking, updating each inventory will require extensive justification in robust, structured findings that will be resource- and time -intensive for both Planning and Legal staff. Therefore, staff now anticipates that initiating a legislative amendment and updating one inventory (Option 1) would require conservatively, 9 to 12 months, and updating two inventories (Option 2) would require 12 to 15 months. III. Next Steps Staff seeks Board direction concerning its preferred option concerning a wildlife inventory update, or can return at a later date for additional discussion. -2-