2022-458-Minutes for Meeting November 30,2022 Recorded 12/20/2022BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2022-458
Steve Dennison, County Clerk
Commissioners' Journal 12/20/2022 10:53:51 AM
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
6:00 PM
WEDNESDAY November 30, 2022
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick
Lelack, County Administrator; Stephanie Marshall, Assistant County Counsel; and Brenda Fritsvold, BOCC
Executive Assistant.
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 Adair called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC HEARING: Public Hearing on Legislative Text Amendments for Time, Place
and Manner (TPM) Regulations for Psilocybin Production and Use
Tanya Saltzman, Senior Planner, recounted that the first part of this public hearing was on
November 21 st. She presented a PowerPoint on proposed land use regulations concerning
psilocybin manufacturing (cultivation and processing), service centers, and testing laboratories.
The proposed amendments to County Code would:
• Add new definitions for terms relating to psilocybin;
• Allow psilocybin service centers as a conditional use with site plan review in certain
areas;
• Add psilocybin service centers to uses allowed in destination resorts;
• Allow psilocybin testing laboratories as a conditional use with site plan review in the
Tumalo Rural Community and Rural Industrial zones; and
BOCC MEETING
NOVEMBER 2, 2022 PAGE 1 OF 3
• Add a new chapter creating time, place, and manner criteria for psilocybin manufacture
as a farm use, psilocybin manufacture as a processing use, and psilocybin service
centers.
Chair Adair acknowledged the receipt of emails from Janet Truselo and Tim Cedarbloom
regarding the subject of the public hearing.
Public hearing was opened at 6:11 p.m.
• Nunzie Gould encouraged waiting a year before accepting applications to allow time for
the Oregon Health Authority to prove that it can successfully implement and manage
this program. She spoke to the cost involved to ensure compliance, asked that service
centers not be allowed in rural unincorporated areas, and expressed concern about
ensuring adequate setbacks from schools to protect children. She concluded that these
uses should be restricted to cities in proximity to medical facilities and public
transportation services.
• Rachel Dean supported the recommended regulations and said public transit is not
associated with this type of use. Noting that psilocybin is a naturally -occurring
compound and that fungi grow on every continent, she said experiencing psilocybin in
nature amplifies the benefits of usage and advocated for allowing people to access it in
rural areas.
• Elaine Marshall said studies on psilocybin safety negate concerns regarding its use. She
described many benefits of psilocybin therapy inciuding curing substance abuse
disorder and treating depression and PTSD. She noted the suicide rate of veterans and
active duty service members, said that voters have twice approved making psilocybin
available, and urged the County to allow usage in natural environments.
• David Holland emphasized that voters have made clear they want these services made
available. He pointed to evidence from many cultures that having access to nature while
ingesting psilocybin reduces negative outcomes and increases positive results. He
supported reasonable and non-restrictive regulations that allow usage in rural areas.
• Adele Sommer concurred that allowing usage in natural settings is important. She said
psilocybin has helped many people including veterans and those with PTSD.
• Piper Lucas asked that the Board honor the process and adopt the TPMS as
recommended by the Planning Commission.
• Julie Madavich stressed the need fora natural setting for this kind of therapy. Noting
that voters approved allowing psilocybin by a wider margin the second time than the
first, she believed this was due to people becoming more aware of the benefits of
psilocybin therapy. She referred to undesirable side effects from anti -depressant
medications and said allowing psilocybin therapy in a natural setting would offer the
opportunity for improved mental health.
• Tim Cedarbloom said not all psilocybin therapy will conducted outside and suggested
allowing this to happen in a climate -controlled setting that could substitute for a natural
outdoor experience, especially in the winter.
BOCC MEETING
NOVEMBER 2, 2022 PAGE 2 OF 3
Public hearing was closed at 6:37 p.m.
Commissioner Chang inquired about the suggestion that the County defer accepting psilocybin
applications for one year.
Assistant Legal Counsel Stephanie Marshall said because Deschutes County voters chose not to
opt out of allowing psilocybin, these uses cannot be prohibited. Every associated use (i.e.,
manufacturing, testing, and administering) will require the County to provide a land use
compatibility statement to OHA; if the time, place and manner regulations were not in place by
the beginning of 2023, the County would have to accept and process applications via similar use
analysis which would be more onerous and time-consuming and potentially more expensive.
Saltzman described the next steps in the process which anticipate Board deliberations on
December 14th and adoption of an ordinance before the end of the year.
Chair Adair noted the consensus of the Board to leave the record open until 4 pm on Friday,
December 2nd for written comments.
Commissioner DeBone commented that TPMs would provide clear instruction for what would
be allowed and where, while having to resort to processing applications utilizing similar use
analysis could be less clear. Commissioner Chang agreed and added that voters support
allowing access to these services in the rural, unincorporated areas of the County.
OTHER ITEMS: None
ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 6:47 p.m.
DATED this 5 0 Day of d V (%kl\P-44, .2022 for the Deschutes County Board of Commissioners.
ATTEST:
RECORDING SECRETARY
PA TI ADAIR, CHAIR
d-A/0(.)41-
ANTHONY DEBONE, VICE CHAIR
rcV
PHIL CHANG, CO MISSIONER
BOCC MEETING
NOVEMBER 2, 2022 PAGE 3 OF 3
BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
6:00 PM, WEDNESDAY, NOVEMBER 30, 2022
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 I www.deschutes.org
Meeting Format:
The Oregon legislature passed House Bill (HB) 2560, which requires that public meetings be
accessible remotely, effective on January 1, 2022, with the exception of executive sessions. Public
bodies must provide the public an opportunity to access and attend public meetings by phone,
video, or other virtual means. Additionally, when in -person testimony, either oral or written is
allowed at the meeting, then testimony must also be allowed electronically via, phone, video,
email, or other electronic/virtual means.
Attendance/Participation:
Members of the public may view the BOCC meetings/hearings in real time via the Public Meeting
Portal at ww.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 noon on Tuesday will be included in the Citizen Input meeting record for topics that
are not included on the Wednesday agenda.
Public Hearing Testimony:
Testimony at the public hearing may be provided in person or via Zoom.
To join the meeting via Zoom, copy and paste this link in your web browser: bit.ly/3u7A5ec
To join by phone, call 253-205-0468 and enter webinar ID # 823 3895 4942 followed by the passcode
288198.
If joining by a browser, use the raise hand icon to indicate you would like to provide testimony. If
using a phone, press *6 to indicate you would like to speak and *9 to unmute yourself when you
are called on.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ACTION ITEMS
1. Public Hearing Continuation - Psilocybin TPM Amendments
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.
ADJOURN
a
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 30, 2022
BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2
11/30/2022 Item #1.
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: November 30, 2022
SUBJECT: Public Hearing Continuation - Psilocybin TPM Amendments
BACKGROUND AND POLICY IMPLICATIONS:
On November 30, 2022 the Deschutes County Board of Commissioners will conduct a
continuation of a public hearing at the Deschutes Services Center, 1300 Wall Street, Barnes
and Sawyer rooms, to consider legislative text amendments for time, place, and manner
(TPM) regulations for psilocybin (File no. 247-22-000676-TA). The initial public hearing was
held on November 21, 2022, at which time the Board chose to continue the hearing to
November 30 in order to accommodate the cancellation of the planned 6 p.m. reconvening
of the hearing on November 21. Written testimony may be submitted until December 2 at 4
p.m.
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
11/30/2022 Item #1.
vi*ES
MEMORANDUM
COM UNITY DEVELSPMENT
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: November 22, 2022
SUBJECT: Public Hearing Continuation - Psilocybin TPM Amendments
I. BACKGROUND
On November 30, 2022 the Deschutes County Board of Commissioners (Board) will conduct a
continuation of a public hearing at the Deschutes Services Center, 1300 Wall Street, Barnes and Sawyer
rooms, to consider legislative text amendments for time, place, and manner (TPM) regulations for
psilocybin (File no. 247-22-000676-TA). The initial public hearing was held on November 21, 2022,1 at
which time the Board chose to continue the hearing to November 30 in order to accommodate the
cancellation of the planned 6 p.m. reconvening of the hearing on November 21. Written testimony may
be submitted until December 2 at 4 p.m.
The text amendments and findings were provided as exhibits to Ordinance No. 2022-014 in the agenda
packet for the initial public hearing.2
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of
Land Conservation and Development (DLCD) on August 25, 2022. Staff presented the proposed
amendments to the Planning Commission at a work session on September 8, 2022.3 The initial public
hearing was held on September 29, 2022,4 at which time the Planning Commission voted to continue the
hearing to October 13 in order to receive additional oral and written testimony. 5 At the conclusion of the
October 13 public hearing continuation, the oral record was closed and the written record was left open
until October 14, 2022. The Planning Commission conducted deliberations on October 27, 20226; the
recommendations of the Planning Commission are outlined in this memorandum and reflected in the
i https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-67
2 https://meetings.municode.com/adaHtmlDocument/index?cc=DESCHUTES&me=a8d8cd24f7ac4c11bf6e204109ed5bf5&ip=True
3 https://www.deschutes.org/bc-pc/page/planning-commission-16
a https://www.deschutes.org/bc-pc/page/planning-commission-19
https://www.deschutes.org/bc-pc/page/planning-commission-20
6 https://www.deschutes.org/bc-pc/page/planning-commission-21
11/30/2022 Item #1.
proposed text amendments. Staff presented the proposed amendments to the Board at a work session
on November 14, 2022.7
The record is available for inspection at the Planning Division and at the following website:
https://www.deschutes.org/cd/page/247-22-000676-ta-psilocybin-time-place-and-manner-tpm-text-
amendments.
II. NEXT STEPS
At the conclusion of the public hearing, the Board may:
• Continue the hearing to a date certain;
• Close the hearing and leave the written record open to a date certain; or
• Close the hearing and commence deliberations.
Currently, deliberations are scheduled for December 14.
https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-71
-2-
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
Phone #s
In Favor Neutral/Undecided.
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record:
Opposed
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS.
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
Subject: Date: Date 1 a.
Name ,
Address 2 21 ./AA 1'Z
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Phone#s _'q1�51
E-mail address e -4te
In Favor
Opposed
Submitting written documents as part of testimony? Yes No
If so, please give a copy to the Recording Secretary for the record.
Neutral/Undecided
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
Q
BOARD OF COMMISSIONERSMEETING.
REQUEST TO SPEAK
Citizen Input or Testimony
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In Favor
Neutral/Undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
Opposed
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING` BEGINS
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Subject:
Name
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BOARD OF COMMISSIONERSMEETING
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In Favor Neutral/Undecided
Submitting written documents as part of testimony'? Yes
If so, please give a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
Opposed
Subject:
Name
Address )13
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
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In Favor
Neutral/Undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
Opposed
Angie Powers
From: Janet Truselo <Janet@trumurph.com>
Sent: Monday, November 28, 2022 1:12 PM
To: citizeninput
Subject: Proposed Psilocybin TPM Amendments
one'people who received this message don't often get email from Janet@trurnurph.com. Learn why this is important
[EXTERNAL EMAIL]
TO: Deschutes County Board of Commissioners
RE: Proposed Psilocybin TPM Amendments
I am concerned about allowing psilocybin service centers in destination resorts.
My concerns are:
• I believe that destination resorts are expensive and primarily service tourists from outside the area. I support
psilocybin treatment to help our local citizens that are in need. _ Supporting our local citizens is the spirit in
which I voted for measure 109.
By design, destination resorts are remote and thus far from emergency medical services.
Destination resorts have residential neighborhoods including children.
I strongly urge that we proceed with caution regarding psilocybin treatment in destination resorts.
Please vote NO to the Proposed TPM amendments.
Thank you,
Janet Truselo & Ray Murphy
65833 Fazio Lane, Bend, OR 97701
ianet@trumurph.com
1
Angie Powers
From: Timothy s. Cedarbloom <tcedarbloom@yahoo.com>
Sent: Monday, November 28, 2022 2:23 PM
To: citizeninput
Subject Measure 109 TPM Amendments
Some people who received this message don't often get email from tcedarbloom@yahoo.com. Learn why this is important
[EXTERNAL EMAIL]
To the Board of County Commissioners and all whom this concerns,
my name is Tim Cedarbloom and I have comments on the Summary of
Proposed TPM Amendments for
our county. Psilocybin manufacturing and farm use: I am concerned the Board of Commissioners recognize that
psilocybin mushrooms need very little space to grow volumes of product. A small blue water pool for children, for
example, is a large enough space to cultivate, over months, hundreds of pounds of mushrooms. I get concerned when I
hear terms like "barn", and "farm". A very small sterile laboratory room is all that is required, l do not want to see reckless
cultivation in the state or our county: Again, I reiterate, cultivated magic mushrooms for therapeutical purposes should be
tested and synthesized by a laboratory of chemists into pure psilocybin and remanufactured in capsule pill for
consumption and therapy, Thank you. Sincerely, Tim Cedarbloom.
1
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