BY THE BOARD OF COUNTY COMMISSIONERS
AT THE WEEKLY BUSINESS SESSION
WEEKLY BUSINESS SESSION— April 11, 2018
5: 30 p. m.— Anne G. Basker Auditorium 600 N.W. Sixth Street, Grants Pass, OR 97526
Present: Daniel E. DeYoung, Chair; Lily N. Morgan, Vice- Chair; and Simon G. Hare, Commissioner; Wendy Watkins, Recorder
These are meeting minutes only. Only text enclosed in quotation marks reports a speaker' s exact words.
Pursuant to notice through the media and in conformance with the Public Meeting Law, Daniel E. DeYoung, Chair, called the meeting to order at 5: 30 p.m.
Items discussed were as follows:
1. PROCLAMATION:
a. In the Matter of Proclaiming the Month of April 2018 as Sexual Assault Awareness Month ( One original Proclamation filed with the County Clerk)
Commissioner Morgan read the Proclamation and presented it to Makayla Rolland and Sara Mitchell with Grants Pass High School.
2. ADMINISTRATIVE ACTIONS IN CONSIDERATION OF:
BOARD DECISIONS UNDER ADMINISTRATIVE ACTIONS WERE MADE AFTER PUBLIC COMMENT WAS RECEIVED
a. Approval of Order No. 2018-005; In the Matter of the Adoption of Administrative Policy and Procedure E- 5: Marijuana on County Property( One original Orderfiled with the County Clerk)
Commissioner Hare mentioned there was a need for clarification on various parts of public property that host events throughout the year and the kind of activities that can go on for people who are leasing county property. The new policy states that the event will not include any possession, use, transfer, or packaging of marijuana or marijuana products, and that applicant will not encourage such activities at the event.
b. Approval of Economic Development Fund Request for Airports Matching Grant Funds( One original Economic Development Request returned to Community Development)
Commissioner DeYoung advised the Airports Department has been making improvements to both the Grants Pass and Illinois Valley Airports this year. The expected costs for these projects is $ 5, 739, 107. Airports has received grants totaling$ 5, 454,087 to cover these costs. The County match on $ 5, 739, 107 worth of projects is only$ 285,000, which is less than 5% of the cost.
3. REQUESTS/COMMENTS FROM CITIZENS: ( Each person will be given three( 3) minutes to speak)
Judy Ahrens, Josephine County, read and submitted Federal lawsuit is nothing more than county temper tantrum Exhibit 1).
Sandi Cassanelli, Merlin, read and submitted Weekly Business Session, April 11, 2018( Exhibit 2). Joseph Rice, Josephine County, spoke about transparency and community trust and submitted In the Matter of Sanctuary County Designation for the protection of Gun Owners and their Weapons( Exhibit 3). Bill Hunker, Josephine County, spoke of his disappointment with county projects that went wrong. Andras Maros, Josephine County, spoke about the essence of transparency and integrity. Brian Clark, Josephine County, spoke about the State of Jefferson and submitted Concerned Citizens re: Jefferson State Exhibit 4).
Debra Kramer, Josephine County, spoke about her disappointment with people being unethical and unjust. Larry Ford, Grants Pass, spoke in support of Josephine County receiving SRS Funding. Rycke Brown, Grants Pass, spoke in opposition to making Josephine County a sanctuary county. Barbara Slusser, Merlin, would like to know what is happening with the Merlin Sidewalk Project. Sunrise Ocean, Josephine County, spoke in opposition to the economic development request for the airports and submitted Grants Pass Airport Advisory Board Minutes and two CD' s( Exhibit 5). Hal Vazooloo, Josephine County, spoke in support to the State of Jefferson. Richard Flora, Josephine County, spoke in support to the State of Jefferson. Colleen Kaiser, Merlin, spoke in support to the Grants Pass Airport.
Weekly Business Session April 11, 2018 Page 2
Board Discussion and Action—Agenda Item 2( a)
Commissioner Hare made a motion to approve Order No. 2018-005: In the Matter of the Adoption of Administrative Policy and Procedure E-5: Marijuana on County Property, seconded by Commissioner Morgan. Upon roll call vote. motion passed 3- 0: Commissioner Hare—yes. Commissioner Morgan—yes. and Commissioner DeYoung—yes. Board Discussion and Action—Agenda Item 2( b)
Commissioner Hare made a motion to approve an Economic Development Fund Request for Airports Matching Grant Funds, seconded by Commissioner Morgan. Upon roll call vote, motion passed 3- 0: Commissioner Hare — yes. Commissioner Morgan— yes, and Commissioner DeYoung—yes.
4. APPROVAL OF CONSENT CALENDAR:
a. Minutes( Draft minutes are available for viewing in the Board's Office) County Administration Workshop—February 15, 2018 County Administration Workshop—March 22, 2018 City/County Quarterly Update—March 27, 2018 Weekly Business Session— March 28, 2018 Legal Counsel Update— March 27, 2018
b. Resolution No. 2018-004; In the Matter of an Appointment to the Josephine County Rural Planning Commission( One original Resolution filed with the County Clerk)
c. Resolution No. 2018-013; In the Matter ofAuthorizing the Josephine County Parks Department to Apply for a Local Government Grant from the Oregon Parks and Recreation Department( One original Resolution filed with the County Clerk)
d. Resolution No. 2018-016; In the Matter of an Appointment to the Josephine County Budget Committee( One original Resolutionfiled with the County Clerk)
e. Resolution No. 2018- 017; In the Matter of an Appointment to the Urban Area Planning Commission ( One original Resolutionfiled with the County Clerk)
f. Order No. 2018-031; In the Matter of Appointments to the Elected Officials Compensation Committee( EOCC) One original Orderfiled with the County Clerk)
Board Discussion and Action:
Commissioner Hare made a motion to approve the Consent Calendar Agenda Items 4( a) through 40) as listed. seconded by Commissioner Morgan. Upon roll call vote. motion passed 3- 0: Commissioner Hare— yes. Commissioner Morgan— yes. and Commissioner DeYoung—yes.
5. OTHER: (ORS 192. 640( 1)) ". . . notice shall include a list of the principal subjects anticipated to be considered at the meeting, but this requirement shall not limit the ability ofa governing body to consider additional subjects.' 7 None reported.
6. MATTERS FROM COMMISSIONERS:
v Wendyndy Watkins, Recorder
Entered into record:
Exhibit 1— Federal lawsuit is nothing more than county temper tantrum Exhibit 2- Weekly Business Session, April 11, 2018 Exhibit 3— In the Matter of Sanctuary County Designation for the protection of Gun Owners and their Weapons Exhibit 4— Concerned Citizens re: Jefferson State Exhibit 5- Grants Pass Airport Advisory Board Minutes and two CD' s
7 / Jeje4:;- / 64-c64v4 . s6J,
thancounty temper tantrum
oners
T have decided to foist a temper tantrum on the entire state of Oregon and beyond with a federal
lawsuit that was filed in Medford on Tuesday. If Dan DeYoung, Simon Hare and Lily Morgan want-
ed attention, mission accomplished.
Marijuana dispute pits county against state of Ore- gon" — The Washington Post
State of Oregon sued to restrict commercial marijua- na operations" — The Oregonian
Oregon county sues state to invalidate pot laws" — Salem Statesman Journal
Josephine County takes on state over marijuana la\______ws" --- Eugene Register-Guard
Sometimes you have to look in the mirror and admit you might have messed up. Instead ofb hwig through lax-payer dollars on a drawn-out court fight, the commis- sioners could instead admit that their original ordinance restricting marijuana growing on rural residential land was flawed. They could try again, consulting with law- abiding leaders of both sides of the issue, and pay close attention this time as to what the state requires for an ordinance of this type to earn the blessings of those who ultimately interpret Oregon' s land-use guidelines.
But no, this obstinate trio is guided by irrational pride instead of common sense.
Suggestion: Take the money and resources that will be was ed on this litigation and hand it over to the Josephine County Sheriff' s Office with orders to go after the illegal growing sites we hear so much about.
In adjacent Siskiyou County, Sheriff John Lopey says his office and an interagency marijuana investigation team seized more than 25, 000 illegal marijuana plants from January 2017 through mid-October. The next time you see Josephine County' s sheriff. ask him how many illegal plants his department seized in 7A17. Or better yet, pose that question to DeYoung, Hare and Morgan, who seem more interested in raclang up legal bills — their salve for the wounds they' ve suffered to losses at
the state Land Use Board of Appeals — than going after those who are actually breaking the law.
Scott Stoddard -
1111 1 Weekly Business Session- April 11, 2018
These evening my comments regard Item 2( a) of the Agenda, the Order to adopt policies for restriction of Marijuana on County Property. This is rather hypocritical since it was this very Board who approved a contract with Grow Condo Inc. on April 18, 2017 that allowed Marijuana use on County property at Lake Selmac.
Today' s action, once again, shows the rather foolish and vindictive attitude of this board. Even Scott Stoddard, wrote a recent editorial on April 5, 2018, stating:
Sometimes you have to look in the mirror and admit you might have messed up. Instead of
burning through taxpayer dollars on a drawn- out court fight, the commissioner could instead admit that their original ordinance was flawed. They could try again, consulting with law-
abiding leaders of both sides of the issue, and pay close attention this time as to what the state requires for an ordinance of this type to earn the blessings of those who ultimately interpret Oregon' s land- use guidelines.
But no, this obstinate trio is guided by irrational pride instead of common sense."
I couldn' t have said it better.
You might want to take a look at the Sacramento Bee' s December 24, 2017 article titled, Siskiyou County sheriff fights to control marijuana trade and confronts Hmong growers."
Other counties are rationally addressing the Marijuana issue by going after the illegal growers, rather than these endless attacks on legitimate farmers and such hypocritical actions as today' s Item2( a).
Submitted for the record by Sandi Cassanelli
Exh bi-- 3
IN AND FOR THE COUNTY OF JOSEPHINE, OREGON
In the Matter of Sanctuary County ) Designation for the protection of ) Gun Owners and their Weapons. ) Ordinance No.
WHEREAS, the Josephine County Board of Commissioners and Elected Officials across the Great State of Oregon are sworn into their respective positions by taking an oath of office to uphold the Constitution of the United States of America and the Constitution of the Great State of Oregon; and
WHEREAS, the Second Amendment to the Constitution of the United States of America
states, " A well- regulated Militia being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed"; and
WHEREAS, Article 1, Section 27 of the Constitution of the Great State of Oregon states,
The people shall have the right to bear arms for the defense of themselves, and the State, but the Military shall be kept in strict subordination to the civil power"; and
WHEREAS, Article 1, Section 33 of the Constitution of the Great State of Oregon states,
This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people"; and
WHEREAS, Charter for Josephine County Oregon, Section 29. 1, Section 1 states, " The right of the people to keep and bear Arms shall not be infringed"; and
WHEREAS, Charter for Josephine County Oregon, Section 29. 1, Section 2 states, " No elected or appointed official of Josephine County shall pass or enforce any law, ordinance, resolution, administrative rule that denies or erodes any of the provisions of this Charter Amendment. Where any current law, ordinance, resolution, administrative rule, or statute within or outside of Josephine County may be interpreted to deny or erode any of the provision of this Charter Amendment, that interpretation is void and is not to be enforced within Josephine County by any individual, group, or federal, state, or local governmental body or agency"; and
WHEREAS, the criminal misuse of firearms is due to the fact that criminals do not obey laws and thus is not a reason to deny the Constitutional right to keep and bear arms by law- abiding citizens; and
WHEREAS, the Josephine County Board of Commissioners recognize that the first and last protectors of the United States Constitution are the people of the United States, and that
the ability of the people to fulfill that role rests in large part with the peoples' right to bear arms as stated in the Constitutions of the United States of America and the Great State of Oregon; and
1 I Sanctuary County Designation for the protection of Gun Owners and their Weapons.
WHEREAS, Section 1 of the Fourteenth Amendment to the Constitution of the United
States of America states, " No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"; and
WHEREAS, the Fourteenth Amendment to the Constitution of the United States of
America clearly defines that the fundamental freedoms relating to the Second Amendment to the Constitution of the United States of America to have the right to keep and bear arms may not be infringed; and
WHEREAS, the rights of the people to keep and bear arms are further protected from infringement by State and Local Governments under the Ninth and Tenth Amendments to the Constitution of the United States of America as well as Article 1 of the Constitution of the
Great State of Oregon; and
WHEREAS, the Supreme Court of the United States of America in District of Columbia v. Heller upheld the individual rights to bear arms as protected by the Second Amendment of the Constitution of the United States of America with Justice Scalia' s opinion stating that the Second Amendment protects an individual' s right to possess a firearm unconnected with
service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home; and
WHEREAS, the Supreme Court of the United States of America in McDonald v. Chicago,
invalidated Chicago' s handgun ban and held the Second Amendment to the Constitution of the United States of America applies to the States;
NOW, THEREFORE, THE BOARD OF JOSEPHINE COUNTY COMMISSIONERS HEREBY ORDAINS:
That Josephine County strongly affirms our commitment to the rights and liberties enshrined within the Constitution of the United States of America and the Constitution of the
Great State of Oregon and the Charter for Josephine County; and
That Josephine County opposes any state or federal law that abridges or is contrary to the provisions of the Constitutions of the United States of America and the Great State of
Oregon and the Charter for Josephine County preserving the people' s right to keep and bear arms; and
That Josephine County strongly supports the right of the people to keep and bear arms as stated in the Constitution of the United States of America, and the Constitution of the
Great State of Oregon, and the Charter for Josephine County as interpreted by the United States Supreme Court and the Oregon Supreme Court, and vigorously opposes any state or federal law that unconstitutionally infringes upon these rights; and
That any laws enacted that violate or infringe upon the Constitution of the United States of America or the Constitution of the Great State of Oregon and the Charter for
Josephine County would be in direct conflict and violation of the Oath of Office taken to fulfill the duties of the Elected Position represented; and
2 Sanctuary County Designation for the protection of Gun Owners and their Weapons.
To preserve the rights of the People of, on and in Josephine County, the Josephine County Board of Commissioners do further resolve by this instrument that:
Josephine County Oregon is hereby designated a Sanctuary County for Gun Owners and their Weapons; and
Josephine County Government will not authorize or appropriate governmental funds, resources, employees, agencies, contractors, buildings, detention centers or offices for the
purpose of enforcing any element of such acts, laws, orders, mandates, rules or regulations, that infringe on the right by the People to keep and bear arms, including, but not limited to the following:
1. Registration requirements for existing lawfully owned firearms; and
2. Prohibitions, regulations, and/ or use restrictions related to ownership of non- fully automatic firearms, including but not limited to semi- automatic firearms; including semiautomatic firearms that have appearance or features similar to fully automatic firearms and/ or military "assault style" firearms; and
3. Prohibition, regulations, and/ or use restrictions limiting hand grips, stock, flash suppressors, bayonet mounts, magazine capacity, clip capacity, internal capacity, or types of ammunition available for sale, possession or use; and
4. Registration and background check requirements beyond those customarily required at time of purchase prior to December 2012; and
5. Restrictions prohibiting the possession, carry or transport of lawfully acquired firearms or ammunition by taw abiding adult citizens or minors supervised by adults.
This Ordinance acknowledges provisions of preexisting law that:
a. Prohibit the possession of firearms by certain felons per ORS 166. 270; and
b. Prohibit the purchasing or possession of firearms by individuals who have been adjudicated mentally ill and a danger to self and others per ORS 426. 130; and
c. Prohibit the possession of unlawful machine guns, short-barreled shot guns and silencers per ORS 166. 272; and
d. Prohibit the possession of unlawful concealed firearms, or possession by minors per ORS 166. 250; and
e. Prohibit the possession of firearms in public buildings or court facilities per ORS 166. 360- 166. 370; and
f. Prohibit the possession of firearms to certain convicted domestic violence perpetrators under the Gun Control Act of 1968.
3 I Sanctuary County Designation for the protection of Gun Owners and their Weapons.
DATED this 11th day of April, 2018.
BOARD OF JOSEPHINE COUNTY COMMISSIONERS
Simon Hare - Commissioner
Lily Morgan - Commissioner
Dan DeYoung - Commissioner
First Reading:
Second Reading;
Effective Date:
4 I Sanctuary County Designation for the protection of Gun Owners and their Weapons.
N
44 From: Concerned Citizens
4
e 4_ At your March 28 public discussion meeting, a group a .
7. .- 4. 4..40..F.4.-. representing the Jefferson State Movement asked you to
sign a declaration to separate Josephine County from the State of Oregon. In response, it was suggested
the idea should be put on the ballot as an advisory measure. Speaking as citizens of Josephine County,
we believe both would be a bad idea without a closer look at this proposal.
A better idea would be to ask this group for a comprehensive study showing how they would provide for
the citizens who live in the proposed State of Jefferson. This group needs to show a concrete plan for
providing universities, public schools, prisons, airports, museums, public transportation, public health, refuse disposal, land use and urban planning and environmental services, building regulation, veterans and juvenile services, libraries, parks, fairs, civil defense, hospitals, animal control, pest control, wild
game management, public safety, health and human services, emergency services, firefighting, criminal prosecution, economic development, professional sports, and administrative services to take care of
retirement funds and public documents among other things.
Jefferson State proponents need to show how they would provide health care and take care of the poor
and elderly. Until they commission a study revealing the needs their proposed state would have and
how they would pay for those needs, no declaration should be signed, nor advisory measure considered.
Jefferson State proponents have an obligation to tell us exactly what will happen to those of us living in
the territory they want separated from our home state. We have only heard about what they are against, such as excess regulation, lack of representation, high taxes. We have no idea what they will
actually do to resolve those complaints.
It would be irresponsible to allow nearly 86, 000 people in Josephine County to enter into a scheme no
one really knows anything about. Please reject any declaration signing or ballot measures until more information is forthcoming.
4‘ 41,,..i._____._ r / I .Irk,' Thank You,
1 To: Josephine County Commissioners
From: Concerned Citizens if 7— c
RE: Jefferson State r
r At your March 28 public discussion meeting, a group
representing the Jefferson State Movement asked you to
sign a declaration to separate Josephine County from the State of Oregon. In response, it was suggested
the idea should be put on the ballot as an advisory measure. Speaking as citizens of Josephine County,
we believe both would be a bad idea without a closer look at this proposal.
A better idea would be to ask this group for a comprehensive study showing how they would provide for
the citizens who live in the proposed State of Jefferson. This group needs to show a concrete plan for
providing universities, public schools, prisons, airports, museums, public transportation, public health, refuse disposal, land use and urban planning and environmental services, building regulation, veterans and juvenile services, libraries, parks, fairs, civil defense, hospitals, animal control, pest control, wild
game management, public safety, health and human services, emergency services, firefighting, criminal prosecution, economic development, professional sports, and administrative services to take care of
retirement funds and public documents among other things.
Jefferson State proponents need to show how they would provide health care and take care of the poor
and elderly. Until they commission a study revealing the needs their proposed state would have and how they would pay for those needs, no declaration should be signed, nor advisory measure considered.
Jefferson State proponents have an obligation to tell us exactly what will happen to those of us living in
the territory they want separated from our home state. We have only heard about what they are against, such as excess regulation, lack of representation, high taxes. We have no idea what they will
actually do to resolve those complaints.
It would be irresponsible to allow nearly 86,000 people in Josephine County to enter into a scheme no
one really knows anything about. Please reject any declaration signing or ballot measures until more information is forthcoming. X4.-kA)
Pod 4‘ctie-) Thank You, G
16?_zrof,
3.
e At your March 28 public discussion meeting, a group
4- representing the Jefferson State Movement asked you to
sign a declaration to separate Josephine County from the State of Oregon. In response, it was suggested
the idea should be put on the ballot as an advisory measure. Speaking as citizens of Josephine County, we believe both would be a bad idea without a closer look at this proposal.
A better idea would be to ask this group for a comprehensive study showing how they would provide for the citizens who live in the proposed State of Jefferson. This group needs to show a concrete plan for
providing universities, public schools, prisons, airports, museums, public transportation, public health,
refuse disposal, land use and urban planning and environmental services, building regulation, veterans
and juvenile services, libraries, parks, fairs, civil defense, hospitals, animal control, pest control, wild
game management, public safety, health and human services, emergency services, firefighting, criminal prosecution, economic development, professional sports, and administrative services to take care of
retirement funds and public documents among other things.
Jefferson State proponents need to show how they would provide health care and take care of the poor
and elderly. Until they commission a study revealing the needs their proposed state would have and
how they would pay for those needs, no declaration should be signed, nor advisory measure considered.
Jefferson State proponents have an obligation to tell us exactly what will happen to those of us living in
the territory they want separated from our home state. We have only heard about what they are against, such as excess regulation, lack of representation, high taxes. We have no idea what they will
actually do to resolve those complaints.
It would be irresponsible to allow nearly 86,000 people in Josephine County to enter into a scheme no
one really knows anything about. Please reject any declaration signing or ballot measures until more information is forthcoming.
nk You,
n eZee-*--
4g_ 3x7-1-A2
Dce.,..
V SAB
GRANTS PASS AIRPORT ADVISORY BOARD MINUTES ( DRAFT) 2' i SCS
Date of Meeting: May 2, 2017 ANk, p)- y\+ 5
Grants Pass Airport Fixed Base Operations Classroom S
tt- rfdrS Call to Order 5: 36 p. m. by Chair, Andreas Blech S C ) Members Present (X) ( Four members constituting a quorum) s Z
rte{
X Andreas Blech, Chair
X Sean McGillivray, Vice Chair 7 3 l0 X Brent Battles, Secretary DiSC 2 X Gary Houston X Stan Loer
Ctv5/ n_G
X Caleb LaPlante
Minutes from the April 4, 2017 meeting were not available and will be reviewed
at the June meeting.
Report from the Josephine Board of County Commissioners Liaison Lilly Morgan:
Commissioner Morgan was unable to attend.
Report from Josephine County Airports Manager, Larry Graves:
Larry Grave' s written Manager' s Report is attached.
Additional comments:
A. 2 The Circle to Land Instrument Approach will be published in August 2017.
FAA has flight checked the new approach and all associated equipment.
B. 1 Andreas Blech suggested acquiring such a trailer at auction.
C. 2 Oregon Department of Aviation grants previously approved to cover
matching funds for FAA approved capital improvement projects are affected by new policy which prohibits disbursement of funds for any work already completed
V 6,
5--e.,
under the FAA grants. Discussion ensued regarding possible remedies to remove
this restriction as the matching funds were specifically tied to individual projects with no such restriction when approved.
C. 6 The Capital Improvement Plan no longer contains the runway lengthening due
to a requirement that the feasibility study must precede inclusion in the plan.. This does not delay the project timeline.. In another development, FAA will not allow both engineering design and planning of the work to be done by the same firm. Larry is attempting to have FAA treat two divisions of WHPacific as separate entities to avoid securing an additional vendor. Larry noted that turnover at WHPacific has been extensive with everyone he has worked with over his 5 years
as Airports Manager have moved on. WHP will be consulted on this loss of
knowledge of the airport at a meeting tomorrow at 11: 00 a. m. which is open to
anyone wishing to observe.
Fire season preparation: Larry is negotiating for a loan to purchase a higher
capacity 15, 000 gallon above-ground Jet A fuel tank which will keep the cost of fuel as low as possible as the airport pays for a full 10, 000 gallon truckload of fuel
even if we cannot accept that much in a single delivery.
Old Business:
At the request of Board Member Gary Houston, copies of the Board' s By- Laws were distributed to members for review.
New Business:
No new subjects were presented.
Meeting adjourned at 7: 05 p. m. Next meeting scheduled for June 6, 2017.
Brenton E. Battles, Secretary
IV
1