2021-470-Minutes for Meeting November 01,2021 Recorded 12/8/2021vT ES C0
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BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
•
NOTGUN
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Recorded in Deschutes County CJ2021-470
Steve Dennison, County Clerk
Commissioners' Journal 12/08/2021 10:38:37 AM
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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
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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
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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
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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.
CAN NAFACTS Website
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Nice going! It looks as if you are fairly knowledgeable on Oregon's recreational cannabis laws but could use a quick
refresher to ensure you get a 100% of the answers correct next time. Visit the "Is it Legal?" decision tree section of the
website to learn more and come back to test your knowledge again.
Hemp is used to make all of the following except t?
( Recreational Cannabis
Your Answer is Correct
In which oft the following scenarios is it legal to smoke recreational
cannabis?
Only in the privacy of your own residence.'
Q At your own residence or on a patio or outside area of a bar or restaurant that allows smoking.
® Your Answer is Incorrect
12
What is the maximum quantityof liquid recreational cannabis an adult
*/ Your Answer is Correct
Ef it is stipulated in the lease agreement, a landlord may prohibit an adult
Lrom using cannabis in their rental unit.
Your Answer is Correct
Under which circumstances is it legal to mail recreational cannabis?
UO It is never legal to mail recreational cannabis, regardless of the destination, age of the recipient, form, or amount.
V Your Answer is Correct
Can a recreational cannabis business donate cannabis to a non-profit
raffle or silent auction to help the organization raisemoney?
It is illegal for a recreational cannabis business to donate cannabis for a non-profit raffle.
Your Answer is Correct
13
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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
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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.
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