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2020-40-Minutes for Meeting January 08,2020 Recorded 2/3/2020• BOARD OF COMMISSIONERS sr 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2020-40 Commissioners' Journal 02/03/2020 8:25:33 AM LG�uTES'COG II � I I'I I �I"I I� I I'�'I I'I 2020-40 FOR RECORDING STAMP ONLY 10:00 AM WEDNESDAY, January 8, 2020 BARNES & SAWYER ROOMS Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant, and Samantha Pepper, Board Administrative Assistant. Several citizens and identified representatives of the media were in attendance. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.iq,m2.com/Citizens/Default.aspx CALL TO ORDER: Chair Adair called the meeting to order at 10:00 am PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner Adair asked for prayers for Ashley Beatty's son (upcoming medical procedures). Ron "Rondo" Boozell: Inquired if the Commissioners have considered changing the office of Commissioner to non -partisan. BOCC MEETING JANUARY 8, 2020 PAGE 1 OF 7 CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Henderson requested to pull items 16, 17, and 18 for further review. Commissioner Adair requested to pull item 4 HENDERSON: Move approval of Consent Agenda minus Items 4, 16, 17, and 18 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Consent Agenda Items: 1. Consideration of Board Signature of Order No. 2020-001, Designating an Official Newspaper for Publication of County Public Notices 2. Consideration of Chair Signature of Document No. 2020-050, Justice Reinvestment lel It Initiative ive G'- anL r-\61 eel i IM IL 3. Consideration of Chair Signature of Document No. 2020-051, Victims of Crime Act and Criminal Fine Account Grant Award 4. Consideration of Board Signature of Resolution No. 2020-003, Budget Adjustment for Statewide Transportation Improvement Funds 5. Consideration of Board Signature of Letters Appointing Paul Bertanga, Dan Youmans, and Walter McCoin to the Statewide Transportation Improvement Fund Advisory Committee 6. Consideration of Board Signature on Letter Appointing Julie Sherrer to the Sun Mountain Ranches Special Road District 7. Consideration of Board Signature on Letter Thanking Jo Kilmer for Service on the Sun Mountain Ranches Special Road District 8. Consideration of Board Signature on Letter Reappointing Bill Inman to the Deschutes River Recreation Homesites Special Road District Board #1 9. Consideration of Board Signature on Letter Reappointing Toni Williams to the Vandevert Acres Special Road District Board 10.Consideration of Board Signature on Letters Reappointing Linda LeMaster, Chris McLeod, and Linda Ray to the River Forest Acres Special Road District 11.Consideration of Board Signature on Letter Appointing Bill Shurte to the BOCC MEETING JANUARY 8, 2020 PAGE 2 OF 7 Pinewood Country Estates Special Road District Board 12.Consideration of Board Signature on Letter Thanking Anita Landice for Service on the Pinewood County Estates Special Road District Board 13.Consideration of Board Signature on Letter Appointing Bo Glines to the Spring River Special Road District Board 14.Consideration of Board Signature on Letter Reappointing Carl Jansen to the Spring River Special Road District Board 15.Consideration of Board Signature on Letter Thanking John Moore for Service on the Spring River Special Road District Board 16.Approval of Minutes of the December 9, 2019 BOCC Meeting 17.Approval of Minutes of the December 11, 2019 BOCC Meeting 18.Approval of Minutes of the December 18, 2019 BOCC Meeting ACTION ITEMS: Consent Agenda Item 4 as pulled for discussion: Consideration of Board Signature of Resolution No. 2020-003, Budget Adjust1i1Cnt for JtatCVV1UC Trallspvrta'tivn Improvement Funds Communications Director Whitney Hale presented this item for discussion. Commissioner Adair inquired as to the increasing amounts of projected revenue and questioned whether that represents an upward adjustment to the payroll tax which funds STIR Ms. Hale will confer with the Oregon Department of Transportation for clarification. HENDERSON: Move approval of Resolution No. 2020-003 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING JANUARY 8, 2020 PAGE 3 OF 7 19.Consideration of Chair Signature of Document No. 2020-029, Notice of Intent to Award Qualified Pool of Fuel Reduction Contractors County Forester Ed Keith presented the document for consideration and reported on the work of the pool of contractors that is refreshed annually to expedite fuels reduction projects throughout the year. Mr. Keith reported on a grant award for approximately $500,000 that will be used toward this work. HENDERSON: Move approval of Document No. 2020-029 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 20.Consideration of Board Signature on Document No. 2020-055, Update to the Greater Sisters Community Wildfire Protection Plan County Forester Ed Keith presented the update to the Greater Sisters Community Wildfire Protection Plan (CWPP). Mr. Keith reported on the partners involved in updating the CWPP including projects and priorities for the upcoming year. A risk assessment tool from the Oregon Department of Forestry entitled Oregon Wildfire Risk Explorer was used during this update and is a part of the plan. Evacuation map routes were also included in this update. HENDERSON: Move approval of Document No. 2020-055 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING JANUARY 8, 2020 PAGE 4 OF 7 Other Item: County Administrator Anderson reported on a $40,000 grant award received yesterday. Mr. Keith explained the scope of work for the fuels reduction grant program and the applications received. Mr. Keith thanked the Commissioners on behalf of the community for the opportunity for fuels risk reduction. Commissioner DeBone offered his attendance at a community meeting to thank them for being engaged. Commissioners considered increasing the pool of money for future fuels reduction projects as the $40,000 was designated from lottery fund revenue. 21.Consideration of Chair Signature of Document No. 2020-052, a Notice of Intent to Award Contract for the SW Canal Blvd/SW Helmholtz Way Intersection Improvement Project to High Desert Aggregate and Paving, Inc. County Engineer Cody Smith presented the document for consideration and explained the scope of work for the project. This work was identified in the Old Mend Redmond Highway safety i>nPrOvenIelll Project. fl1611 UCJCI l Aggregate and Paving is the qualified low bidder. HENDERSON: Move approval of Document No. 2020-052 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 22.Consideration of First Reading: Ordinance No. 2020-001, Religious Land Use Institutionalized Persons Act Planning Manager Peter Gutowsky and Assistant Legal Counsel Adam Smith presented the Ordinance for consideration of first reading. The ordinance is BOCC MEETING JANUARY 8, 2020 PAGE 5 OF 7 being requested for a repeat first reading due to changes to the findings. The second reading is scheduled for January 22, 2020. Mr. Smith reported on the language clarification to the Ordinance as a result of the direction by the Board. HENDERSON: Move to approve first reading by title only of Ordinance No. 2020-001 DEBONE: Second Discussion: Commissioner Henderson expressed his reason for support of this Ordinance. Chair Adair read Ordinance No. 2020-001 into the record by first reading by title only. VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried OTHER ITEMS: • Commissioner Henderson presented a draft letter addressed to the Oregon Department of Environmental Quality for consideration regarding the listing of water quality impaired water bodies throughout the state. County Counsel Dave Doyle prepared a draft response letter as directed by the BOCC. Commissioner Henderson recommended additional language changes which staff will incorporate and then circulate for Commissioner signatures. • County Administrator Anderson reported on a request from the League of Women Voters for BOCC adoption (in February) of a Proclamation recognizing the history and work of the League. Commissioners directed further review and staff coordination with the League. • County Administrator Anderson reported on a letter regarding support for two circuit court judges that should be prepared in time for the Commissioners to present the letter at AOC day on January 13, 2020. BOCC MEETING JANUARY 8, 2020 PAGE 6 OF 7 • Commissioner Henderson spoke on the Fall River Special Road District invitation to attend the next board meeting on January 14. • Commissioner DeBone was interviewed on KNCP radio this morning. • Commissioner Henderson was interviewed on KBND this morning. Being no further items to come before the Board, the meeting was adjourned at 11:10 a.m. DATED this Day 020 for the Deschutes County Board of Commissioners. A`TI ADAIR,C BOCC MEETING JANUARY 8, 2020 PAGE 7 OF 7 01 E S Ca o< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, JANUARY 8, 2020 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www.deschutes.org/meetings. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Consideration of Board Signature of Order No. 2020-001, Designating an Official Newspaper for Publication of County Public Notices Board of Commissioners BOCC Meeting Agenda Wednesday, January 8, 2020 Page 1 of 4 2. Consideration of Chair Signature of Document No. 2020-050, justice Reinvestment Initiative Grant Agreement 3. Consideration of Chair Signature of Document No. 2020-051, Victims of Crime Act and Criminal Fine Account Grant Award 4. Consideration of Board Signature of Resolution No. 2020-003 Budget Adjustment for Statewide Transportation Improvement Funds 5. Consideration of Board Signature of Letters Appointing Paul Bertanga, Dan Youmans, and Walter McCoin to the Statewide Transportation Improvement Fund Advisory Committee 6. Consideration of Board Signature on Letter Appointing Julie Scherrer to the Sun Mountain Ranches Special Road District 7. Consideration o Board Signature on Letter Thanking Jo Kilmer for Service on the Sun Mountain Ranches Special Road District 8. Consideration of Board Signature on Letter Reappointing Bill Inman to the Deschutes River Recreation Homesites Special Road District Board #1 9. Consideration of Board Signature on Letter Reappointing Toni Williams to the Vandevert Acres Special Road District Board 10.Consideration of Board Signature on Letters Reappointing Linda LeMaster, Chris McLeod, and Linda Ray to the River Forest Acres Special Road District 11. Consideration of Board Signature on Letter Appointing Bill Shurte to the Pinewood Country Estates Special Road District Board 12. Consdieration of Board Signature on Letter Thanking Anita Landice for Service on the Pinewood County Estates Special Road District Board 13. Consideration of Board Signature on Letter Appointing Bo Glines to the Spring River Special Road District Board 14.Consideration of Board Signature on Letter Reappointing Carl Jansen to the Spring River Special Road District Board 15. Consideration of Board Signature on Letter Thanking John Moore for Service on the Spring River Special Road District Board Board of Commissioners BOCC Meeting Agenda Wednesday, January 8, 2020 Page 2 of 4 16.Approval of Minutes of the December 9, 2019 BOCC Meeting 17.Approval of Minutes of the December 11, 2019 BOCC Meeting 18.Approval of Minutes of the December 18, 2019 BOCC Meeting ACTION ITEMS 19. 10:15 AM Consideration of Chair Signature of Document No. 2020-029, Notice of Intent to Award Qualified Pool of Fuel Reduction Contractors - Ed Keith, Forester 20. 10:30 AM Consideration of Board Signature on Document No. 2020-055, Update to the Greater Sisters Community Wildfire Protection Plan - Ed Keith, Forester 21. 10:50 AM Consideration of Chair Signature of Document No. 2020-052, a Notice of Intent to Award Contract for the SW Canal Blvd/SW Helmholtz Way Intersection Improvement Project to High Desert Aggregate and Paving, Inc. - Cody Smith, County Engineer 22. 11:05 AM Consideration of First Reading: Ordinance No. 2020-001, Religious Land Use Institutionalized Persons Act - Peter Gutowsky, Planning Manager LUNCH RECESS 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. ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. Board of Commissioners BOCC Meeting Agenda Wednesday, January 8, 2020 Page 3 of 4 ®®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 Imaaccommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Wednesday, January 8, 2020 Page 4 of 4 January 8, 2020 Oregon DEQ Attn: Richard Whitman 700 NE Multnomah Street #600 Via email on 11812020 Portland, OR 97232-4100 Re: Listing of Water Quality Impaired Water Bodies Dear Mr. Whitman: The Deschutes County Board of Commissioners submits this letter in opposition to DEQ's decision to list water bodies throughout the state as water quality impaired without data to support those listings. In order to be scientifically defensible, decisions to list waterbodies as impaired must be based on water body specific data and cannot be extrapolated from samples from neighboring waterways or tributaries. Most troubling is DEQ's decision to include agricultural irrigation, drainage ditches, and other man-made intermittent drainage ditches in its list of water quality impaired waterways. These are not natural waterways, and we are concerned about the long-term ramifications to county programs and our constituents as a result of this large and unnecessary policy change by DEQ. Furthermore, we incorporate by reference and fully support the opposition letters previously submitted by AOC, Polk County, and OACES. Thank you. Sincerely, DESCHUTES COUNTY BOARD OF COMMISSIONERS Patti Adair Tony DeBone Philip G. Henderson