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2020-258-Minutes for Meeting June 24,2020 Recorded 7/30/2020BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 1 Recorded in Deschutes County CJ2020-258 Nancy Blankenship, County Clerk Commissioners' Journal 07/30/2020 10:44:34 AM ��iiiuummmuuuiuu FOR RECORDING STAMP ONLY 10:00 AM Wednesday, June 24, 2020 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; Nathan Garibay, Sheriff's Office Sergeant; Cody Smith, County Engineer; Kyle Collins, CDD Assistant Planner (present via Zoom conference call, item 15); Peter Russell, CDD Senior Transportation Planner (present via Zoom conference call, items 18 and 20); Robert Townsend, ODOT (present via Zoom conference call, item 20) Nick Lelack, CDD Director; Cynthia Smidt, CDD Associate Planner (present via Zoom conference call, item 21); Christina Partain, Accounting Technician; Greg Munn, Chief Financial Officer; and Elyse West, Administrative Assistant. No citizens or 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.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Adair called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Chair Adair recognized a letter received from the Bend LaPine BOCC MEETING JUNE 24, 2020 PAGE 1 OF 18 school board outlining their commitment to community youth. She recognized the school district's efforts. Commissioner Henderson mentioned the Board and Budget Committee's openness to discussion about mental health assistance for youth. Commissioner DeBone also supported the partnership. County Administrator Anderson noted the letter could be in support of the later public hearing for budget adoption. He said the Budget Committee did not make a final decision but rather requested further discussion. Commissioner Henderson shared a local newspaper ad about masks and encouraged the community to wear masks in public places. Commissioner Adair praised Whitney Hale's efforts for providing masks and signs to businesses in Sisters and LaPine. She agreed social distancing and mask -wearing is critical. CONSENT AGENDA: Before the Board was consideration of approval of the Consent Agenda. Commissioner DeBone requested further discussion of Consent Agenda item #4. He pointed out that the May 18 meeting minutes spoke about the Forest Collaborative follow-up and he requested to revisit the topic in the upcoming month's discussion. DEBONE: Move approval of the Consent Agenda with exception of item #4 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. 1. Consideration of Board Signature of Purchase Agreement, Document No. 2020- 203, and Acceptance of Temporary Construction Easement, Document No. 2020- 204, from Eloise J. Elliott for Right of Way for the Old Bend Redmond Hwy/Tumalo Rd Intersection Improvement Project 2. Consideration of Board Signature of Purchase Agreement, Document No. 2020- 420, and Acceptance of Deed of Dedication, Document No. 2020-421, and Temporary Construction Easement, Document No. 2020-426, from Western Oregon Conference Association of Seventh-Day Adventists for Right of Way for the Tumalo Rd/Tumalo PI Intersection Improvement Project 3. Consideration of Board Signature of Document No. 2020-436, Helion Software BOCC MEETING JUNE 24, 2020 PAGE 2 OF 18 Assessment and Taxation Software Contract 4. Consideration of Board Signature of Resolution No. 2020-033 to Approve Budget Adjustments in the 2019-20 Deschutes County Budget 5. Consideration of Board Signature of Resolution No. 2020-035 Establishing Solid Waste Disposal Fee Waivers for FY 21 6. Consideration of Board Signature to appoint Alison Perry to Deschutes County Public Health Advisory Board 7. Consideration of Board Signature to thank David Root of Newberry Estates Special Road District Board 8. Consideration of Board Signature to thank Justin Walkes of Deschutes County Ambulance Service Area Advisory Committee 9. Consideration of Board Signature to appoint Jared Earnest to Deschutes County Ambulance Service Area Advisory Committee 10. Approval of Minutes of the May 6, 2020 BOCC Meeting 11. Approval of Minutes of the May 13, 2020 BOCC Meeting 12. Approval of Minutes of the May 18, 2020 BOCC Meeting 13. Approval of Minutes of the May 20, 2020 BOCC Meeting COVID-19 Update Chair Adair noted Nahad Sadr-Azodi's schedule required the COVID-19 update be presented first. Mr. Sadr-Azodi shared a presentation update of local COVID-19 cases. The number of new cases continues to be a small percentage. He reviewed a chart made at Commissioner Henderson's request that shows length of time to full recovery. The average length of time is 2.4 weeks, with elderly and those with underlying conditions experiencing a longer recovery. The after-effects of COVID-19 are much more severe than flu or cold. The younger demographic continues to see an increase in being affected by the virus. The Trace Study test conducted in Bend neighborhoods during the end of May are reflected in the 5/25-5/31 specimen collection charts. Household contact to infected members continue to increase over cluster and unknown contact cases. Deschutes County case factors are generally parallel with the State. He said the Commissioners' support of wearing masks is important. Oregon currently shows low rates of mask use compared to the nation. ACTION ITEMS: Continued discussion of Consent Agenda Item 4. Consideration of Board Signature of Resolution No. 2020-033 to Approve Budget Adjustments in the 2019-20 Deschutes County Budget. BOCC MEETING JUNE 24, 2020 PAGE 3 OF 18 Commissioner DeBone recognized the Budget Committee's decision to approve a tight budget. Greg Munn, Chief Financial Officer provided an update on the supplemental budgets before the Board today. He said Finance is actively involved with departments to determine budgetary needs past the approved budget, and these budgets reflect it. This item requests a transfer of funds for various usage for items the Board has already approved. DEBONE: Move approval of Consent Agenda #4: Consideration of Board Signature of Resolution No. 2020-033 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. 14. Consideration of Board Approval of Emergency Management Performance Grant Nathan Garibay, Emergency Manager presented the grant request. This has been received for at least ten years and pays for a significant portion of the Emergency Management program. Typically $110,00 is received per year and covers up to 50% of the program. The remaining funds come from Sheriff's Office. Commissioner Adair made correction to the duration date. HENDERSON: Move approval DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. 15. READING of a PROCLAMATION: Declaring June 22 - 28, 2020 as Amateur Radio Week Sgt. Garibay reviewed the Proclamation and stated it has been declared for many years. He acknowledged the amateur radio community members and groups that support County efforts, with 35 official volunteers through the Sheriff's Office supporting emergency response efforts. He noted that the annual worldwide field day is this weekend. Commissioner DeBone invited members of High Desert Radio Amateur Group to join and offer input. Kent Garliepp, HDRAG member shared that BOCC MEETING JUNE 24, 2020 PAGE 4 OF 18 the group remains versatile and ready to assist in emergency communications. He offered appreciation of the Proclamation. HENDERSON: Move adoption of the Proclamation declaring June 22 - 28, 2020 as Amateur Radio Week DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. The Commissioners read aloud the Proclamation. 16. Consideration of Chair Signature of Document No. 2020-425, a Notice of Intent to Award Contract for Engineering Services for the Rickard Rd: Groff Rd to US 20 Improvement Project to HWA, Inc. Cody Smith, County Engineer presented and explained the scope of the project work. He shared it is a high priority project in the County's Transportation System Plan. The RFP was issued April 1 with six proposals received. Construction is set to begin next summer and be completed by year end, with an estimated cost of $2.5M. Commissioner Adair recognized the change is needed. HENDERSON: Move approval of Chair Signature of Document No. 2020-425 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. 17. Consideration of Second Reading: Ordinance No. 2020-012, Text Amendments to Titles 1, 15, and 18 Kyle Collins, Assistant Planner shared that on June 10, 2020 the Board moved to approve First Reading of the Ordinance. Request was made for second reading. HENDERSON: Move approval of Second Reading of Ordinance No. 2020-012 in title only DEBONE: Second VOTE: HENDERSON: Yes BOCC MEETING JUNE 24, 2020 PAGE 5 OF 18 DEBONE: ADAIR: Yes Chair votes yes. Motion Carried. Chair Adair provided second reading of Ordinance 2020-012. DEBONE: Move adoption of Ordinance No. 2020-012 in title only HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. 18. Consideration of Second Reading: Ordinance No. 2020-008 to Amend the Deschutes County Transportation System Plan to 1) Add Roundabouts at U.S. 20/Cook-O.B. Riley and U.S. 20/Old Bend -Redmond Hwy to the TSP Map; 2) Amend TSP Tables 5.3.T1 and 5.3.T2; and 3) Amend Text on Pages 150 and 166 Peter Russell, Senior Planner shared that on June 10, 2020 the Board moved to approve First Reading of the Ordinance. Request was made for second reading. HENDERSON: Move approval of Second Reading of Ordinance No. 2020-008 in title only DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. Chair Adair provided second reading of Ordinance 2020-008. DEBONE: Move adoption of Ordinance No. 2020-012 in title only HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. BOCC MEETING JUNE 24, 2020 PAGE 6 OF 18 19. CDD FY 2020-21 Work Plan Deliberations Nick Lelack, Community Development Director reviewed the matrix provided, outlining public questions and Board response. The following items were voted on by the Board: #1: The Board voted to add it to the FY20/21 work plan. #2: The Board appreciated the request and offered to share information with the Planning Committee, but did not recognize it as being an appropriate project for the work plan. The Board declined to add it to the FY20/21 work plan. #3: Mr. Lelack said the suggestion occurred related mainly to COVID-19. Mr. Lelack shared that only two other counties regulate this. Commissioner DeBone supported the discussion in the future if it sees increased attention. The Board declined to add it to the FY20/21 work plan. #4: Mr. Lelack said there is another option to defer the decision to FY21/22. Commissioner Adair and Debone acknowledged its importance and all supported deferring it to FY21/22. #5: Commissioner Henderson pointed out the conversation of rural property use is important. Commissioner Adair and Henderson supported adding it to the work plan. Commissioner DeBone believes there is a larger discussion about land use and did not support adding it. The item was added to the FY20/21 work plan. #6: Mr. Lelack referenced citizen input conversation at a prior Board meeting. Commissioner Adair and Henderson agreed attention needs to be made to secondary effects of environmental changes. Mr. Lelack confirmed a related grant contract that will review inventory data is scheduled to be brought before the Board in early July. Mr. Lelack confirmed that adding it to the work plan would only begin the discussion. The Board voted to add it to the FY20/21 work plan #7: Mr. Lelack said there is another option to include this item in the Rural Housing Strategies Work Plan project. Commissioner Henderson noted the housing increase in the region and supports seeing more definition behind affordable housing. Commissioner Adair and DeBone supported having further discussion. The Board voted to add it to the FY20/21 work plan. #8: Commissioner Adair agreed the topic needs revisiting. Commissioner DeBone said he supported a full analysis over an extended time and anticipates resulting code changes. Commissioner Henderson noted the safety importance of appropriate lighting. The Board voted to add it to the FY20/21 work plan. HENDERSON: Move approval of the CDD FY 2020-21 Work Plan as proposed with the changes made today DEBONE: Second BOCC MEETING JUNE 24, 2020 PAGE 7 OF 18 VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. 20. PUBLIC HEARING: Proposal to Amend Deschutes County Transportation System Plan Regarding 1) Requirement a Frontage Road be in Place Prior to Installing a Raised Median Barrier Between Bend and Redmond, Adding a Reference to J-Turns and 2) Removing Language that Vandevert Road Will be Disconnected from U.S. 97 Mr. Russell reviewed the public hearing instructions. No conflicts of interest were presented by Commissioners. Chair Adair opened the public hearing at 11:44 a.m. Mr. Russell reviewed the proposal. He noted these two upcoming ODOT safety projects are inconsistent with the Deschutes County Transportation Safety Plan (TSP). He reviewed J-turn terminology and confirmed they would accommodate vehicles utilizing the road. Commissioner Henderson said the frequency of J-turns would be important for nearby residents to know. Robert Townsend, ODOT presented Phase 1 of the Bend -Redmond Safety Corridor project. He agreed it is highest priority on Highway 97 safety improvements. It will minimize cross -traffic and he confirmed it will provide access for all typical vehicles on the road. He clarified that specific properties around Deschutes Market Road would not utilize the proposed J-turn there. He communicated that directional changes will be at no more than 2-3 mile intervals. Federal Safety funds can be utilized. Chair Adair asked why acceleration is not planned at Quarry. Mr. Townsend said the traffic volume is less and an interchange project is being worked on with the City of Redmond. Chair Adair called for public testimony. Dave Doyle, County Counsel said it is within the Board's discretion to approve both Plan amendments at once, as a single application, or the Board could split the decisions if requested by the applicant. Commissioner Henderson asked if notification was offered to properties affected. Mr. Russel said all properties located within 750 feet from the length of Hwy. 97 between Bend and Redmond were notified. Notification was also given at the Planning Commission hearing. Hearing no public testimony, Chair Adair closed the oral record and left the written record open for 14 days to close at 5:00 p.m. on July 15. Mr. Townsend said the Vandevert Road issue would need more immediate decision. All Commissioners offered support toward that change. The topic will be deliberated further on Monday, July 20. BOCC MEETING JUNE 24, 2020 PAGE 8OF18 Chair Adair closed the Public Hearing at 12:34 p.m. 21. PUBLIC HEARING: Noise Variance for Nighttime Construction on Deschutes Market Road and US Highway 97 Cynthia Smidt, Associate Planner reviewed the public hearing instructions. No conflicts of interest were presented by Commissioners. Chair Adair opened the public hearing at 12:42 p.m. Ms. Smidt reviewed Phase 2 of the North Interceptor Sewer Project. Nighttime construction hours will run Sunday -Friday, 10:00 p.m. - 7:00 a.m. Start date range is September 3-December 14, and will encompass 7 days which may not be consecutive. Completion may run until June 2021 due to weather. The first part of the project is blasting and will run August to November. The second part is excavation and pipeline from April -November. The notice went out as required, with one public written comment. Chair Adair called for public testimony. Jessica MacClanahan, City of Bend shared that she is the project manager for this item. She offered gratitude and noted this has been on their Master Plan for many years. They recognize the impact of night work and have kept communication clear with citizens. She confirmed that night work is necessary for optimal citizen safety and mobility, and they have minimized timeframes of night work. The City have also sent out 500 notices as part of their Project Outreach efforts, and implemented a virtual open -house. Detailed notifications regarding location work scheduling have been sent out and blasting notifications will also be distributed. Communication has been constant with ODOT for the year and permits expect to be issued. Chair Adair closed the oral and written record and closed the Public Hearing at 1:04 p.m. Commissioner Henderson expressed hope for continued collaboration with the City of Bend on the topic of access easements related to homeless populations migrating north through Juniper Ridge. Chair Adair agreed partnership is needed. DEBONE: Move approval of Noise Variance for Nighttime Construction on Deschutes Market Road and US Highway 97 HENDERSON: Second BOCC MEETING JUNE 24, 2020 PAGE 9 OF 18 VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. RECESS: At the time of 1:05 p.m. the Board went into recess and reconvened the meeting at 1:40 p.m. 22. PUBLIC HEARING: FY 2021 Deschutes County Fee Schedule and Consideration of Board Signature of Resolution No. 2020-026 Chair Adair opened the public hearing at 1:41 p.m. Christina Partain, Accounting Technician presented the staff report. Chair Adair called for public testimony. No public testimony was given. DEBONE: Move approval of Resolution No. 2020-026 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. Chair Adair closed the oral and written record and closed the Public Hearing at 1:48 P. m. 23. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-036 Deschutes County FY 2021 Budget Adoption Chair Adair opened the public hearing at 1:49 p.m. County Administrator Anderson noted a productive week with the Budget Committee, and recognized a cautious budget due to unknowns of COVID-19 and State funding. He expressed confidence in staff to continue adapting to the ongoing situation. Many positive projects will benefit the community. Greg Munn, Chief Financial Officer credited Andrea Perkins, Budget Analyst, Finance and County Administrator Anderson for the budget process and completion success. He expressed appreciation for departments' information and presentation of their budgets. He said a survey will be offered in order to keep improving the process. Commissioner Henderson offered appreciation to Mr. Munn and County Administrator Anderson for their work throughout the year and budget process. He BOCC MEETING JUNE 24, 2020 PAGE 10 OF 18 expressed hope to see reduction of property taxes in future budgets. Commissioner Adair noted that she is in communication with department heads to determine unfilled positions and supports a cautionary approach in the face of unknowns. Commissioner DeBone agreed that department input is important and praised staff for the presentation of information. He said the transitions seen across the country due to COVID are reflected in the budget. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:09 p.m. HENDERSON: Move approval of Resolution No. 2020-036 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 SERVICE DISTRICT 1. PUBLIC HEARING: FYI 2021 Deschutes County 911 Service District Fee Schedule and Consideration of Resolution No. 2020-027 Chair Adair opened the public hearing at 2:09 p.m. Christina Partain, Accounting Technician presented the staff report. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:11 p.m HENDERSON: Move approval of Resolution No. 2020-027 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. BOCC MEETING JUNE 24, 2020 PAGE 11 OF 18 2. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-039 Deschutes County 9-1-1 Service District FY 2021 Budget Adoption Chair Adair opened the public hearing at 2:11 p.m. Greg Munn, Chief Financial Officer presented the staff report. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:13 p.m. HENDERSON: Move approval of Resolution No. 2020-039 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 3. PUBLIC HEARING: FY 2021 Sunriver Service District Fee Schedule and Consideration of Resolution No. 2020-028 Chair Adair opened the public hearing at 2:13 p.m. Christina Partain, Accounting Technician presented the staff report. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:15 p.m. DEBONE: Move approval of Resolution No. 2020-028 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. 4. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-042 Sunriver Service District FY 2021 Budget Adoption BOCC MEETING JUNE 24, 2020 PAGE 12 OF 18 Chair Adair opened the public hearing at 2:15 p.m. Greg Munn, Chief Financial Officer presented the staff report. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:16 p.m. HENDERSON: Move approval of Resolution No. 2020-042 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH SERVICE DISTRICT 5. PUBLIC HEARING: FY 2021 Black Butte Ranch County Service District Fee Schedule and Consideration of Resolution No. 2020-029 Chair Adair opened the public hearing at 2:17 p.m. Christina Partain, Accounting Technician presented the staff report. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:18 p.m. DEBONE: Move approval of Resolution No. 2020-029 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. 6. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-041 Black Butte Ranch Service District FY 2021 Budget Adoption BOCC MEETING JUNE 24, 2020 PAGE 13 OF 18 Chair Adair opened the public hearing at 2:18 p.m. Greg Munn, Chief Financial Officer presented the staff report. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:19 p.m. HENDERSON: Move approval of Resolution No. 2020-041 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY EXTENSION & 4H SERVICE DISTRICT 7. PUBLIC HEARING: FY 2021 Extension / 4H County Service District Fee Schedule and Consideration of Resolution No. 2020-030 Chair Adair opened the public hearing at 2:20 p.m. Christina Partain, Accounting Technician presented the staff report. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:21 p.m. DEBONE: Move approval of Resolution No. 2020-030 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. 8. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-040 Deschutes County Extension and 4-H Service District FY 2021 Budget Adoption BOCC MEETING JUNE 24, 2020 PAGE 14 OF 18 Chair Adair opened the public hearing at 2:21 pm. Greg Munn, Chief Financial Officer presented the staff report. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:23 p.m. DEBONE: Move approval of Resolution No. 2020-040 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY COUNTY- WIDE LAW ENFORCEMENT DISTRICT 9. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-037 Countywide Law Enforcement District FY 2021 Budget Adoption Chair Adair opened the public hearing at 2:23 p.m. Greg Munn, Chief Financial Officer presented the staff report. Chair Adair called for public testimony. No public testimony was given. Commissioner Henderson noted that mental health assistance in the Jail was agreed to. Chair Adair closed the oral and written record and closed the Public Hearing at 2:25 p.m. HENDERSON: Move approval of Resolution No. 2020-037 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY RURAL LAW ENFORCEMENT DISTRICT BOCC MEETING JUNE 24, 2020 PAGE 15 OF 18 10.PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-038 Rural Law Enforcement District FY 2021 Budget Adoption Chair Adair opened the public hearing at 2:25 p.m. Greg Munn, Chief Financial Officer presented the staff report. Chair Adair called for public testimony. No public testimony was given. Commissioner Adair noted hearing great feedback on service district response. Chair Adair closed the oral and written record and closed the Public Hearing at 2:27 p.m. DEBONE: Move approval of Resolution No. 2020-038 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 24. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-031 to Approve a Supplemental Budget Adjustment in the 2019- 20 Deschutes County Budget and PERS Reserve Fund. Chair Adair opened the public hearing at 2:28 p.m. Greg Munn, Chief Financial Officer presented the staff report. Commissioner Debone noted it is an ongoing commitment approved by previous administration. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:32 p.m. HENDERSON: Move approval of Resolution No. 2020-031 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. BOCC MEETING JUNE 24, 2020 PAGE 16 OF 18 25. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-032 to Approve a Supplemental Budget Adjustment in the 2019- 20 Deschutes County Budget and Transient Room Tax Fund. Chair Adair opened the public hearing at 2:32 p.m. Greg Munn, Chief Financial Officer presented the staff report. Commissioner Henderson recognized the importance of the reserve funds and believed this to be a good use of the money. Commissioner DeBone recognized the partnership with tourism, and that TRT funds are determined differently throughout the State. Commissioner Adair noted the return of a barrel race event at the fairgrounds. Chair Adair called for public testimony. No public testimony was given. Chair Adair closed the oral and written record and closed the Public Hearing at 2:36 p.m. DEBONE: Move approval of Resolution No. 2020-032 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried. COMMISSIONER UPDATES: • Commissioner DeBone shared his attendance at a meeting of the State Inter - operative Executive Council who is working on a statewide inter -operability plan. Cross -jurisdiction departments are involved in the discussion, including 9-1-1 • Commissioner DeBone shared his attendance at a meeting with Wickiup Junction Area Planning Meeting. Future roads and neighborhoods are anticipated in the north side of La Pine. Community members are welcome to join the discussion. County Administrator Anderson noted it is on discussion for the upcoming La Pine joint meeting. Commissioner Henderson encouraged citizen input, as in the similar Tumalo project. County Administrator Anderson noted the continuing conversation with the City of La Pine about the easement near Burgess for a lift station. The Commissioners agreed a partnership on the topic is needed. BOCC MEETING JUNE 24, 2020 PAGE 17 OF 18 • Commissioner DeBone spoke about a letter of support he submitted about House Bill 4206 for additional USDA State inspectors for the meat processing industry. • Commissioner Henderson shared a meeting later in the afternoon to work on small business grants with COIC. He also attended the Central Oregon Health Council's Housing Stability Meeting. A unified force is needed to address affordable housing issues. • County Administrator Anderson noted the joint meeting with the La Pine council tonight. • Commissioner Adair mentioned her meeting with Behavioral Health was very productive and thanked staff for their efforts. She also noted her participation with the Sisters Visioning committee and Mr. Lelack's suggestion she act as chair. • Commissioner DeBone pointed out the yard signs distributed in efforts to remind the community of COVID-19 precautions. • It was noted no BOCC meetings are scheduled for next week ADJOURN Being no further items to come before the Board, the meeting was adjourned at 3:04 p.m. DATED this °2c72 Day of Commissioners. ATTEST: RECORDING SECRETARY n<< tlyea-taj 2020 for the Deschutes County Board of PATTI ADAIR, CHAIR ANTHONY DEBONE, VICE CHAIR PHILIP G. HENDERSON, COMMISSIONER BOCC MEETING JUNE 24, 2020 PAGE 18 OF 18 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, JUNE 24, 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. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: 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 before the start of the meeting will be included in the meeting record. 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 Board of Commissioners BOCC Meeting Agenda of 7 Wednesday, June 24, 2020 Page 1 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 testimony, the Zoom meeting ID and password will also be posted within the agenda packet and listed on the staff report memo for that specific public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:OOam on the day of the meeting.] CONSENT AGENDA 1. Consideration of Board Signature of Purchase Agreement, Document No. 2020-203, and Acceptance of Temporary Construction Easement, Document No. 2020-204, from Eloise J. Elliott for Right of Way for the Old Bend Redmond Hwy/Tumalo Rd Intersection Improvement Project 2. Consideration of Board Signature of Purchase Agreement, Document No. 2020-420, and Acceptance of Deed of Dedication, Document No. 2020-421, and Temporary Construction Easement, Document No. 2020-426, from Western Oregon Conference Association of Seventh-Day Adventists for Right of Way for the Tumalo Rd/Tumalo PI Intersection Improvement Project 3. Consideration of Board Signature of Document No. 2020-436, Helion Software Assessment and Taxation Software Contract 4. Consideration of Board Signature of Resolution No. 2020-033 to Approve Budget Adjustments in the 2019-20 Deschutes County Budget 5. Consideration of Board Signature of Resolution No. 2020-035 Establishing Solid Waste Disposal Fee Waivers for FY 21 6. Consideration of Board Signature to appoint Alison Perry to Deschutes County Public Health Advisory Board Board of Commissioners BOCC Meeting Agenda of 7 Wednesday, June 24, 2020 Page 2 7. Consideration of Board Signature to thank David Root of Newberry Estates Special Road District Board 8. Consideration of Board Signature to thank Justin Walkes of Deschutes County Ambulance Service Area Advisory Committee 9. Consideration of Board Signature to appoint Jared Earnest to Deschutes County Ambulance Service Area Advisory Committee 10.Approval of Minutes of the May 6, 2020 BOCC Meeting 11.Approval of Minutes of the May 13, 2020 BOCC Meeting 12.Approval of Minutes of the May 18, 2020 BOCC Meeting 13.Approval of Minutes of the May 20, 2020 BOCC Meeting ACTION ITEMS 14. 10:10 AM Consideration of Board Approval of Emergency Management Performance Grant - Nathan Garibay, Emergency Manager Add -On 15. 10:20 AM READING of a PROCLAMATION: Declaring June 22 - 28, 2020 as Amateur Radio Week - Nathan Garibay, Emergency Manager Add -On 16. 10:30 AM Consideration of Chair Signature of Document No. 2020-425, a Notice of Intent to Award Contract for Engineering Services for the Rickard Rd: Groff Rd to US 20 Improvement Project to HWA, Inc. - Cody Smith, County Engineer 17. 10:40 AM Consideration of Second Reading: Ordinance No. 2020-012, Text Amendments to Titles 1, 15, and 18 - Kyle Collins, Assistant Planner 18. 10:45 AM Consideration of Second Reading: Ordinance No. 2020-008 to Amend the Deschutes County Transportation System Plan to 1) Add Roundabouts at U.S. 20/Cook-O.B. Riley and U.S. 20/Old Bend - Redmond Hwy to the TSP Map; 2) Amend TSP Tables 5.3.T1 and 5.3.T2; and 3) Amend Text on Pages 150 and 166. - Peter Russell, Senior Planner 19. 10:50 AM CDD FY 2020-21 Work Plan Deliberations - Nick Lelack, Community Development Director Board of Commissioners BOCC Meeting Agenda of 7 Wednesday, June 24, 2020 Page 3 20. 11:35 AM PUBLIC HEARING: Proposal to Amend Deschutes County Transportation System Plan Regarding 1) Requirement a Frontage Road be in Place Prior to Installing a Raised Median Barrier Between Bend and Redmond, Adding a Reference to J-Turns and 2) Removing Language that Vandevert Road Will be Disconnected from U.S. 97 - Peter Russell, Senior Planner 21. 12:20 PM PUBLIC HEARING: Noise Variance for Nighttime Construction on Deschutes Market Road and US Highway 97 - Cynthia Smidt, Associate Planner 12:35 PM COVID-19 Update LUNCH RECESS 22. 1:20 PM 23. 1:35 PM PUBLIC HEARING: FY 2021 Deschutes County Fee Schedule and Consideration of Board Signature of Resolution No. 2020-026 - Christina Partain, Accounting Technician PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-036 Deschutes County FY 2021 Budget Adoption - Greg Munn, Chief Financial Officer 1:50 PM CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 SERVICE DISTRICT 1. PUBLIC HEARING: FYI 2021 Deschutes County 911 Service District Fee Schedule and Consideration of Resolution No. 2020-027 - Christina Partain, Accounting Technician 2. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-039 Deschutes County 9-1-1 Service District FY 2021 Budget Adoption - Greg Munn, Chief Financial Officer 2:00 PM CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT Board of Commissioners BOCC Meeting Agenda of 7 Wednesday, June 24, 2020 Page 4 3. PUBLIC HEARING: FY 2021 Sunriver Service District Fee Schedule and Consideration of Resolution No. 2020-028 - Christina Partain, Accounting Technician 4. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-042 Sunriver Service District FY 2021 Budget Adoption - Greg Munn, Chief Financial Officer 2:10 PM CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH SERVICE DISTRICT 5. PUBLIC HEARING: FY 2021 Black Butte Ranch County Service District Fee Schedule and Consideration of Resolution No. 2020-029 - Christina Partain, Accounting Technician 6. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-041 Black Butte Ranch Service District FY 2021 Budget Adoption - Greg Munn, Chief Financial Officer 2:20 PM CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY EXTENSION & 4H SERVICE DISTRICT 7. PUBLIC HEARING: FY 2021 Extension / 4H County Service District Fee Schedule and Consideration of Resolution No. 2020-030 - Christina Partain, Accounting Technician 8. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-040 Deschutes County Extension and 4-H Service District FY 2021 Budget Adoption - Greg Munn, Chief Financial Officer 2:30 PM CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY COUNTY -WIDE LAW ENFORCEMENT DISTRICT 9. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-037 Countywide Law Enforcement District FY 2021 Budget Adoption - Greg Munn, Chief Financial Officer 2:35 PM CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY RURAL LAW ENFORCEMENT DISTRICT Board of Commissioners BOCC Meeting Agenda of 7 Wednesday, June 24, 2020 Page 5 10. PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-038 Rural Law Enforcement District FY 2021 Budget Adoption - Greg Munn, Chief Financial Officer RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 24. 2:40 PM 25. 2:45 PM OTHER ITEMS PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-031 to Approve a Supplemental Budget Adjustment in the 2019-20 Deschutes County Budget and PERS Reserve Fund. - Greg Munn, Chief Financial Officer PUBLIC HEARING and Consideration of Board Signature of Resolution No. 2020-032 to Approve a Supplemental Budget Adjustment in the 2019-20 Deschutes County Budget and Transient Room Tax Fund. - Greg Munn, Chief Financial Officer 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 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 of 7 Wednesday, June 24, 2020 Page 6 EM 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 rili accommodations 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 of 7 Wednesday, June 24, 2020 Page 7 F ua aaw jjo:. LSZOZ '17Z 3Nn 0 CD n CD Q 0 —1 (!) 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C7) V) 0 • C • V) . O QJ E (DH a: 4 (1) (.1) g• -^ M (1) zseeLpnos u! saTels Jo s3pois v O H (D -0 Z O 0 4 3 (D • gt, 3 a: (/) A— C • 0) rt) ^o (D 0 eD 0 (1) 0 MINI • oJ v, .44[ • 01) %.< tol co a tn CD mot • CA) O. LO 0 f—• . (A) at* Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 24, 2020 DATE: June 17, 2020 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: CDD FY 2020-21 Work Plan Deliberations RECOMMENDATION & ACTION REQUESTED: Approve as proposed or as modified by the Board of Commissioners. BACKGROUND AND POLICY IMPLICATIONS: The Board of Commissioners conducted a public hearing on the Community Development Department's (CDD) draft Fiscal Year (FY) 2020-21 Work Plan on June 10, 2020. The Work Plan directs the department's operations and special projects for the next fiscal year and informs County decisions on new CDD projects and initiatives that arise throughout the year. FISCAL IMPLICATIONS: Considering and adopting the CDD Work Plan does not have any fiscal implications. Fiscal decisions related to adopting this Work Plan are made as part of the annual County budgeting process and separate grant awards. Any other financial implications are decided by the Board in special project or resource budget requests. ATTENDANCE: Nick Lelack, Director MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nick Lelack, AICP, Director DATE: June 17, 2020 SUBJECT: CDD Draft Work Plan for Fiscal Year (FY) 2020-21 / Deliberations The Board of County Commissioners (Board) held a public hearing on the Community Development Department's (CDD) Annual Report and Work Plan on Wednesday, June 10, 2020. Deliberations are scheduled for June 24.1 The matrix below summarizes: • Proposed additions to the Work Plan; • Planning Commission recommendations, if applicable; • Staff comments; and • Board decision options. Please note one additional public comment submitted on June 17, 2020 (including an apology for not submitting the comments prior to June 10) proposes to consider updating Deschutes County's Dark Skies ordinance (Attachment). Attachment Bill Kowalik's public comment 1 The draft Annual Report and Work Plan FY 2020-21 was provided in prior Board packets. It is posted online at: https://www.deschutes.org/cd (bottom of the page). -1- Proposed Addition to Work Plan Planning Commission Recommendation Staff Comments Board Options 1. Add a special acknowledgement in the Introduction that the Community Development Department (CDD) remained open for business during the COVID-19 pandemic. Proposed by the Planning Commission. Recommend approval (add to the Work Plan). If such an acknowledgement is added, the g acknowledgement can state that Deschutes County remained open for business, including CDD, during the pandemic to provide essential public services to protect public health, life, and safety, and to support the local economy. 1. 2. Add to Work Plan as recommended by the Planning Commission or as modified by the Board. Do not add to the Work Plan. 2. In the Planning Division section, add a new work plan project to track the economic recovery by establishing indicators to determine whether the county is improving or worsening. Proposed by the Planning Commission. Recommend approval (add to the Work Plan) CDD does not track or report on economic indicators. Rather, Deschutes County supports and relies on a variety of economic organizations for such information. At the work session, the Board appeared to support the current approach and not include this project in the Work Plan. 1. 2. Add to Work Plan as recommended by the Planning Commission or as modified by the Board. Do not add to the Work Plan. 3. Initiate Legislative Code Amendment to require review and use of reasonable standards and conditions for establishing "short term rental" (STR) units in the Rural Residential Zone — RR —10. STR units are those dwellings being rented out for less than 30 consecutive days. Consider regional variation in the standards, such as Sisters Country establishing similar standards to the City of Sisters. Proposed by Doug White; supported by the Planning Commission. Recommend approval (add to the Work Plan) Mr. White proposed this project in a letter and in comments at the Planning Commission public hearing. The Planning Commission added the second part to the proposed project — to consider regional variation in the standards. Deschutes County does not currently regulate STRs in the rural county. Initiating this project would be a major project given the significant public interest on both sides of this issue. If the County decides to regulate STRs, administering and enforcing the program would require significant resources given the large number of STRs across the County. 1. 2. Add to Work Plan as proposed or as modified by the Board. Do not add to the Work Plan. -2- Proposed Addition to Work Plan Planning Commission Recommendation Staff Comments Board Options 4. Strengthen historic preservation regulations. Proposed by Gary Grund. Proposed in early June, after the Planning Commission recommendation. Every 18-months, Deschutes County utilizes a Certified Local Government Grant administered by the State Historic Preservation Project to staff the Deschutes County Historic Landmarks Commission and initiate historic preservation projects for rural Deschutes County and the City of Sisters. 1. 2. 3. Add to Work Plan as recommended by Mr. Grund or as modified by the Board. Defer this decision to the discussion of the projects to include in the FY 2021-22 Certified Local Government Grant (CLG) Application Process (Jan. -Feb. 2021). Do not add to the Work Plan. 5. Discussion of limiting hemp production in Rural Residential Zones. Proposed by Matt Cyrus, Cascadia Crest LLC and C Crest Properties Proposed June 8, after the Planning Commission recommendation. Limiting, regulating, and/or prohibiting hemp production in rural residential zones has been raised by many residents over the past few years. The proposed project is to discuss limitinghempproduction in rural residential zones (emphasis added). This discussion is a good place to begin consideration of whether and how to limit hemp production and/or other regulatory options to mitigate impacts. 1. 2. Add to Work Plan as proposed by Matt Cyrus or as modified by the Board. Do not add to the Work Plan. 6. Add a natural resource stewardship position to inventory assets and uses/trails, wildlife, rare Oregon plants on County owned lands, oversee Conservation Easements, etc. Proposed by Nunzie Gould Proposed June 8, after the Planningduties p Commission recommendation. The County's Natural Resources staff (forester, invasive species coordinator) are not currently in CDD. The proposed position and program could beperformed independently or p y within CDD. The proposal would significantly expand the County's role in natural resource efforts related to compliance, coordination, inventory and tracking systems, etc. 1. 2. Add to Work Plan as proposed by Ms. Gould for CDD to explore this position and projects with County Administration and Forester, or as modified by the Board. Do not add to the Work Plan. -3- Proposed Addition to Work Plan Planning Commission Recommendation Staff Comments Board Options Deschutes County often uses the general term 1. Add to Work Plan as proposed by Ms. Gould. 'affordable housing' and 'workforce housing' 2. Include this proposal with the 7. Define 'affordable housing' to measure to address needed housing for County Rural Housing Strategies Work progress for this specific type of housing Proposed June 8, after the Planning residents. The lack of a definition provides Plan project. stock. Proposed by Nunzie Gould Commission recommendation. flexibility in planning for additional rural housing. Cities and housing agencies like Housing Works and Habitat for Humanity often define 'affordable housing' for specific projects to qualify for state or federal program funding. 3. Do not add to the Work Plan, and, instead, rely on commonly used existing affordable housing definitions (i.e., 60% of area medium income). While this project was submitted after the 1. Accept the public comments 8. Consider updating the Outdoor and Greenhouse Lighting Control Ordinance to comply with new technologies and Dark Skies best practices. Proposed June 17, after the Planning close of the Work Plan public hearing, this is not a land use issue, so the Board may consider this project at its discretion. submitted on June 17, and add to the Work Plan as proposed by Bill Kowalik or as modified by the Board Commission recommendation. Deschutes County has a Dark Skies ordinance Proposed by Bill Kowalik, Chairperson, Oregon Chapter of the International adopted in the 1990's. Technologies and best practices have changed. This project would 2. Do not accept the public comments. Dark -Sky Association consider updating the ordinance, including implementation. 3. Do not add to the Work Plan. Ms. Gould also suggested two projects to the CDD FY 2020-21 Work Plan that are applicable to other departments: 1. Improve the quality of documents uploaded to DIAL and increase the speed at which documents are available to the public; and 2. Improve the County's public meeting technology to link meeting videos to agendas. CDD has forwarded these suggestions to the County's IT Department and Administration. -4- Nick Lelack From: Sent: To: Cc: Subject: [EXTERNAL EMAIL] Nick, wsk412@sbcglobal.net Wednesday, June 17, 2020 10:31 AM Nick Lelack 'Mary Ann Kruse'; 'Pete Strasser'; 'Bill Kowalik'; idaoregon@darksky.org 20/21 CDD Work Plan - lighting? am belatedly following up on your email exchange with Mary Ann Kruse after the movie "Saving the Dark" in Sisters this past January. Mary Ann forward that email exchange to me some time ago, and asked if I would follow up. A group of us representing the Oregon Chapter of the International Dark -Sky Association (IDA) ask that you consider including a review of the Deschutes County lighting ordinance in your Department's 20/21 Work Plan. apologize that we have missed two events to provide public input — the May 20th and June 10th meetings. At any rate, I will forward specific comments to you by this Friday, June 10th Thanks for your consideration, Bill Kowalik Chairperson, Oregon Chapter of IDA Bend, OR Forwarded message From: Nick Lelack <Nick.Lelack@deschutes.org> Date: Fri, Jan 17, 2020 at 5:19 PM Subject: RE: Dark Sky Project, Sisters To: Mary Ann Kruse <marvann.kruse@darksky.org> Thank you Mary Ann. It was a terrific evening. I have shared the link to the film with our community development management team and entire planning division. The information you have provided is extremely helpful. I will reach out again in the next few months to notify you of our public comment period and hearings on our Work Plan for the 2020-21 fiscal year (July 1, 2020-June 30, 2021) so you may provide comments recommending the County update the 25-year old lighting ordinance. i Nick Lelack, AICP 1 Director Deschutes County Community Development 117 NW Lafayette Ave I Bend, Oregon 97703 Tel: (541) 385-1708 1 Cell: (541) 639-5585 Let us know how we're doing: Customer Feedback Survey From: Mary Ann Kruse <maryann.kruse@darksky.org> Sent: Friday, January 17, 2020 2:22 PM To: Nick Lelack <Nick.Lelack@deschutes.org> Subject: Dark Sky Project, Sisters [EXTERNAL EMAIL] Thanks so much, Nick, for attending the Dark Sky Project this past Wednesday. I appreciate you speaking up & sharing information with the audience. It is obvious residents want more lighting information about ordinances & enforcement in their communities made more readily available. In addition to sending you the MLO from IDA, I'd like to include another document about Lighting Code Basics as well as a link from this document with various lighting ordinances: http://darkskystudies.org/lighting-ordinances/ And, here is the Illuminating Engineering Society's (IES) MLO for general outdoor lighting: https://www.ies.org/product/lighting-for-exterior-environments/ Mary Ann Mary Ann Kruse, IDA Oregon Chapter BOD Member -At -Large maryann.kruse@darksky.org https://www.darkskyoregon.org/ https://www.darkskyoregon.org/ https://www.facebook.com/IDAOregon/ https://twitter.com/search?q=DarkSkyOregon https://www.instagram.com/darkskyoregon/ "To preserve the magnificent dark skies of Oregon and diminish light pollution for the health, safety and well-being of all life." IDA Oregon Chapter Mission Statement 3 Draft Fiscal Year 2020-21 Proposed Addition to Work Plan Planning Commission Recommendation Staff Comments Board Options 1. Add a special acknowledgement in the If such an acknowledgement is added, the g Introduction that the Community Development Department (CDD) acknowledgement can state that Deschutes for business, including 1. Add to Work Plan as recommended by the Planning remained open for business during the Recommend approval (add to the Work County remained open during the to Commission or as modified by COVID-19 pandemic. Plan). CDD, pandemic provide essential public services to protect public health, life, the Board. and safety, and to support the local economy. 2. Do not add to the Work Plan. Proposed by the Planning Commission. 2. In the Planning Division section, add a CDD does not track or report on economic new work plan project to track the economic recovery by establishing indicators. Rather, Deschutes County supports and relies on a variety of economic 1. Add to Work Plan as recommended by the Planning indicators to determine whether the Recommend approval (add to the Work organizations for such information. At the Commission or as modified by county is improving or worsening. Plan) work session, the Board appeared to support the Board. Proposed by the Planning Commission. the current approach and not include this project in the Work Plan. 2. Do not add to the Work Plan. 3. Initiate Legislative Code Amendment to require review and use of reasonable standards and conditions for establishing "short term rental" (STR) units in the Rural Residential Zone— RR Mr. White proposed this project in a letter and in comments at the Planning Commission public hearing. The Planning Commission added the second part to the proposed project — to consider regional variation in the —10. STR units are those dwellings standards. 1. Add to Work Plan as proposed being rented out for less than 30 consecutive days. Consider regional Recommend approval (add to the Work Plan) Deschutes County does not currently regulate STRs in the rural county. Initiating this project or as modified by the Board. variation in the standards, such as Sisters Country establishing similar standards to the City of Sisters. Proposed by Doug White; supported by the Planning Commission. would be a major project given the significant public interest on both sides of this issue. If the County decides to regulate STRs, administering and enforcing the program would require significant resources given the large number of STRs across the County. 2. Do not add to the Work Plan. • Add a special acknowledgement in the Introduction that the Community Development Department (CDD) remained open for business during the COVID-19 pandemic. E S (- 0 0° 4r- In the Planning Division section, add a new w rk pn project to track the economic recovery by establishing indicators to determine whether the county is improving or worsening. xolL S (.> 44:440, • . , Initiate Code Amendment ts require review and use of reassnable standards and conditions f r establishing "short term rental" (STR) units in the Rural Residential Zone RR I 0. STR units are those dwellings being rented out for less than 30 consecutive days. Consider regional variation in the st ndards, such as Sisters Country establishing similar standards to the City of Sisters. Strengthen historic preservation regulations° ttils cfs(h tc):, [ITC:13; 5 Discussion of limiting hemp production in Rural Residential Zones. ( Add a natural r source stewardship position to inventory assets and uses/trails, wildlife, rare Oregon plants on County wned lands, oversee C•nservation Easements, etc. Define 'affordable housing' to measure progress for this specific type of housing stock. Consider updating the Outdoor and Greenhouse Lighting Control Ordinance to comply wits new technologies and Dark Skies best practices. x\y(E$co 444440.0, Other amendments? Adopt the Community Development Department Work P for Fiscal Year (FY) 2020-21 as: an xo'c FS c Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 24, 2020 DATE: June 17, 2020 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: PUBLIC HEARING: Proposal to Amend Deschutes County Transportation System Plan Regarding 1) Requirement a Frontage Road be in Place Prior to Installing a Raised Median Barrier Between Bend and Redmond, Adding a Reference to J-Turns and 2) Removing Language that Vandevert Road Will be Disconnected from U.S. 97 RECOMMENDATION & ACTION REQUESTED: Approve the application as submitted BACKGROUND AND POLICY IMPLICATIONS: ODOT submitted a land use application (File 247-20-000138) to amend the text of the Deschutes County Transportation System Plan (TSP) as two upcoming projects are inconsistent with the TSP. The projects are 1) raised median to be built in four phases between Bend and Redmond and 2) making US 97 between South Century Drive and the USFS boundary into a four -lane divided highway in two phases, leaving Vandevert Road connected to U.S. 97. The current TSP requires a frontage road precede the construction of a raised median between Bend and Redmond. ODOT wishes to add a reference to J-turns (a form of directional break in a raised median) as an alternative to the frontage or backage roads. The current TSP has language stating Vandevert Road will be disconnected from U.S. 97. ODOT's design leaves Vandevert Road connected and has J-turns to the north of the intersection and also allows a two -stage left turn onto 97 (vehicle pulls across both southbound lanes, enters essentially a refuge in the median, then turns left onto the highway when it is safe). The Planning Commission held public hearings on May 14 and May 28, at the latter recommending unanimously the Board approve the application. The Board held a work session on June 15. The main issues were out -of -direction travel for rural residents; whether the J-turns can accommodate larger vehicles such as semi -trucks, RVs, or horse trailers; and how wildlife crossings would be addressed.. FISCAL IMPLICATIONS: None. ATTENDANCE: Peter Russell, CDD, Senior Transportation Planner MEMORANDUM DATE: June 17, 2020 TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner RE: June 24, 2020, public hearing on proposed amendment to the Deschutes County Transportation System Plan (TSP) text regarding 1) requirement a frontage road be in place prior to installing a raised median barrier between Bend and Redmond, adding a reference to J-turns and 2) removing language that Vandevert Road will be disconnected from U.S. 97 (File 247-20-000138-PA). ZOOM PUBLIC HEARING INFORMATION: Citizens planning to provide public comments on this agenda item are invited to participate in this meeting via Zoom. The Zoom meeting id and password are provided below. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to provide public comments on this agenda time, you will be unmuted and placed in the spotlight. Staff will announce your name and unmute your connection for you to provide comments. You will be placed in the waiting room until the time of presenting your public comments. Computer: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us02web.zoom.us/j/83642377034?pwd=RGZSdW8rV2VwZXY2MUxoWWhIbkNEQT09 Password: 063186 Phone: Listen and participate: Dial (for higher quality, dial a number based on your current location): US: +1 346 248 7799 Webinar ID: 836 4237 7034 Email comments prior to the meeting at 10:00 a.m. to peter.russell@deschutes.org. The Oregon Department of Transportation (ODOT) has two scheduled construction projects to improve safety on U.S. 97. The first is to construct a raised median barrier for nine miles between Redmond and Bend and the second is to make a six -mile segment of U.S. 97 between South Century Drive and the United States Forest Service (USFS) boundary into a divided four -lane highway, which 117 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @cdd@deschutes.org €° www.deschutes.org/cd would include keeping Vandevert Road connected to U.S. 97. The current 2010-2030 TSP requires a parallel route, aka frontage or backage road, be in place prior to a raised median barrier being installed on the highway. The current TSP also has a long term objective of disconnecting Vandevert Road from U.S. 97. The proposed plan amendment (File No. 247-20-000138-PA) would: • Modify the TSP language to add a reference to J-turns (a form of a U-turn) as an additional method to minimize out -of -direction travel caused by the raised median barrier • Remove the TSP language regarding disconnecting Vandevert Road from U.S. 97 The two proposals are discussed separately below. The proposed plan amendment would allow the upcoming ODOT projects to be consistent with the County TSP. Staff sent a notice to the Department of Land Conservation and Development (DLCD) on March 19, assuming an April 23 first evidentiary hearing with the Planning Commission (PC). This met the 35- day prior notice requirement of DLCD. After the memo was sent, the April 23 date was changed to a work session. However, given the uncertain date of when the COVID-19 crisis would end and whether public hearings could be held, staff had listed several alternative dates when the PC hearing would occur. Thus the County still complied with the 35-day prior notice requirement as all the public hearing dates were later than April 23. The April 23 work session was held remotely over Zoom. The materials were entered into the public record.' The PC set a public hearing date of May 14. The May 14 hearing was also held remotely via Zoom and is footnoted below.2 The PC continued the hearing until May 28 to allow further public comment given that this was the first time the PC had held a hearing via Zoom. No additional public comments were received. The PC closed the hearing on May 28, deliberated, and unanimously recommended that the Board approve the plan amendment as submitted. The Board held a work session, footnoted below3, in preparation for the upcoming June 24 public hearing. All the materials from the PC process were entered into the public record. Staff sent notice of the Board's public hearing (NOPH) to those parties who had participated in the PC hearings and also posted notice in the Bend Bulletin. The Board had several items they wished ODOT to address more fully at the hearing: • Either a video clip of howl -turns work and/or a detailed drawing specific to the 97 J-turns 1 ODOT application materials and staff memo and PowerPoint are found here: https://deschutescountyor.igm2.com/Citizens/FileOpen.aspx?Type=1&ID=2243&Inline=True 2 Staff and ODOT presentations and public comment are found here: https://deschutescountyor.igm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=2571&Format=Minutes 3 Staff memo and public record materials are found here: https://deschutescountyor.igm2.com/Citizens/FileOpen.aspx?Type=1&ID=2275&Inline=True Page 2 of 6 • Describe how the wildlife crossing issue will be addressed for both the Bend -Redmond raised median and the divided highway between South Century and the USFS boundary • Address how ODOT will do public outreach and/or education to inform drivers how to navigate J-turns. • Discuss why ODOT prefers the Board address both plan amendments simultaneously instead of independent submittals. The Board asked how many mailed public notices staff sent for the May 14 PC public hearing. Staff has gone back to the mailed notice database and 149 properties received notice. These properties were all located within 750 feet of U.S. 97 for the Bend -Redmond and South Century Drive-USFS boundary project areas. Five people testified orally or in writing before the PC at the May 14 hearing; no one provided testimony at the May 28 continuation of the hearing. BACKGROUND OF TSP TEXT During the 2009-2012 development of the TSP, reducing crashes on the rural, high speed segments of U.S. 97 became a major topic. U.S. 97 was then, and remains today, the highest -volume transportation facility in the region. The safety concerns of fatal and serious injury crashes fell into three broad areas, listed below in no order of priority: • Turning crashes related to getting on or off the highway or crossing the highway at at -grade intersections, whether public roads or private driveways • Head-on crashes between northbound and southbound vehicles • Crashes related to winter driving conditions Between the south end of Redmond and the north end of Bend, U.S. 97 is a five -lane cross-section (four travel lanes and a center lane) with numerous at -grade connections at public streets and private driveways. There is one grade -separated interchange, Deschutes Junction. There is a planned interchange at Quarry Road, which will service traffic on the west side of the highway. The land use pattern is a mix of developed parcels adjacent to the highway as well as rural subdivisions and scattered rural residences that use the highway. This segment is a major commuting route as well as a freight route. By contrast, U.S. 97 between Bend and La Pine has a dramatically different land use pattern. Most of the area is forest with rural development much farther from the highway and almost exclusively on the west side. While there are four travel lanes for much of Bend -La Pine, those lanes are either separated by a concrete median barrier or are a divided highway. The volumes are lower as the Bend -La Pine commuting shed has a much smaller population than Bend -Redmond. SUMMARY OF THE ODOT PROPOSAL TO AMEND TSP TEXT TIED TO TWO PROJECTS National research shows median barriers are one of the most effective countermeasures to prevent crashes. In a rural setting, median barriers are more much cost-effective as they are relatively inexpensive to build while providing substantial benefits. A network of frontage and/or backage Page 3 of 6 roads leading to grade -separated interchanges is another approach, but at a cost several magnitudes higher than a raised median. The main drawback in a rural setting is the potential for significant out -of -direction travel. ODOT is addressing that issue through the use of J-turns, which is a type of roadway design that accommodates U-turns via a directional break in the raised median. ODOT has used J-turns on a segment of U.S. 101 south of Lincoln City. J-turns are also used in the Midwest. The two projects are discussed below. Given the proposed amendment is to change text in the TSP, the application does not require extensive traffic analysis to satisfy the Transportation Planning Rule (TPR). Current and proposed language for median barrier on U.S. 97 between Bend and Redmond Current TSP language on page 165 regarding U.S. 97: "Between Bend and Redmond the traffic volumes will exceed the threshold ODOT has set for triggering a raised median. The County supports a raised median on U.S. 97, provided an adequate system of frontage road(s) or parallel local alternate routes precede the raised median's installation." ODOT's proposed language with text to be added shown as underlined. 'The County supports a raised median on U.S. 97, provided an adequate system of frontage road(s) or parallel local alternate routes or the addition of J turns precede the raised median's installation." Current TSP language on page 144 relating to Deschutes Junction and frontage or parallel routes being required prior to installing a raised median: "The agency recognizes the out of direction travel that would result and thus has stated the current raised median would not be extended until a frontage road was in place on the west side of U.S. 97." ODOT's proposed language with text to be added shown as underlined and text to be deleted shown as strikethrough. "The agency recognizes the out of direction travel that would result and thus has stated the current raised median would not be extended until a frontage road was in place on the west side of U.S. 97 ODOT had a plan that would minimize out -of - direction travel. The plan could include installation of a frontage road, backage road, or the addition of J turns on U.S. 97." Current and proposed language regarding disconnecting Vandevert Road from U.S. 97 Page 4 of 6 Current TSP language on page 147: "ODOT as part of its four -phased approach' has identified intersections where mainline volumes are high enough that a substantial number of drivers on the side street will not have adequate gaps to turn onto or cross the highway. In the case of Vandevert, drivers wishing to go north on U.S. 97 have an alternate route of Huntington Road to South Century. The latter accesses the highway through a grade - separated interchange. "Disconnecting Vandevert Road from U.S. 97 will require a formal request from ODOT and a public hearing before the Board of County Commissioners." ODOT's proposed language with text to be deleted shown as strikethrough. mainline volumes are high enough that a substantial number of drivers on the side street will not have adequate gaps to turn onto or cross the highway. In the case of Vandevert, drivers wishing to go north on U.S. 97 have an alternate route of Huntington ry. The latter accesses the highway through a grade separated interchange. west from ODOT and a public hearing before the Board of County Commissioners." Staff assumes the reason ODOT is proposing to strike all of the language is that if Vandevert Road is disconnected, the portion of ODOT's South Century-USFS Boundary project related to the J-turn to provide access to Vandevert Road for northbound U.S. 97 traffic will have been nullified. Additionally, those who could turn north at Vandevert or turn into Vandevert, will instead likely divert to the South Century Drive/U.S. 97 interchange. Using the interchange would also require out -of -direction travel. ISSUES RAISED AT PLANNING COMMISSION HEARING In addition to presentations by staff and the applicant (ODOT), five people testified before the PC. The major issues, in no order of priority, were: • whether the J-turns could accommodate semi -trucks and/or recreational vehicles or pickups pulling horse trailers; • how would the raised median and the divided four lanes accommodate wildlife crossings; • concern about out -of -direction travel for rural residents ° The "four -phased approach" was an evolution of a two-lane rural highway to a four -lane highway with grade -separated interchange with frontage roads. The approach was in both the 1998 (1996-2016) and 2012 (2010-2030) TSPs. The iterative process included first, building passing lanes at varying distances then second, knitting them together for a continuous four- or five -lane cross section. The third phase would introduce grade -separated interchanges. The fourth phase would be frontage roads paralleling the highway and linking the interchanges. Page 5of6 Staff received no testimony nor was any delivered to the PC at the May 28 continuation of the public hearing. NEXT STEPS The Board will hold a public hearing at 10 a.m. on June 24 and will accept public testimony by video and/or telephone. After accepting public testimony, the Board has the following options: • Continue the hearing to a date certain • Close the oral record and leave the written record open to a date certain • Close both the oral and written record and set a date certain for deliberations • Close the hearing and begin deliberations Attachments: 2020-06-17 Staff PowerPoint for 6/24/20 hearing Page 6 of 6 Amending Des® Co. TSP text regarding 1) raised median barrier and J-turns bet een Bend -Redmond; 2) disconnecting Vandevert Road from 97 BOARD PUBLIC HEARING SESSION I JUNE 24, 2020 This is a public hearing on File 247-20-000138-PA to amend the Deschutes County Transportation System Plan (TSP) by 1) modifying language requiring a frontage road be in place before the installation of raised median barrier between Bend and Redmond by adding a reference to J-turns, 2) removing language that Vandevert Road will be disconnected from U.S. 97. The Board will hear oral testimony, receive written testimony, and consider the testimony submitted at this hearing. The hearing is also being taped. The Board may make a decision on this matter today, continue the public hearing to a date certain, or leave the written record open for a specified period of time. The hearing will be conducted in the following order. The staff will give a report on this issue. Then the applicant will then present. We will then open the hearing to all present and ask people to present testimony either by video or by phone. You can also provide the Board with a copy of written testimony. Questions to and from the Chair may be entertained at any time at the Chair's discretion. Cross- examination of people testifying will not be allowed. However, if any person wishes to ask a question of another person during that person's testimony, please direct your question to the Chair after being recognized. The Chair is free to decide whether or not to ask such questions of the person testifying. Prior to the commencement of the hearing any party may challenge the qualifications of any Commissioner for conflict of interest. This challenge must be documented with specific reasons supported by facts. Should any Commissioner be challenged, the member may disqualify himself or herself, withdraw from the hearing or make a statement on the record of their capacity to hear and decide this issue. At this time, do any members of the Commission need to set forth any information that may be perceived as a conflict of interest? I will accept any challenges from the public now. Hearing none, the public hearing is open. Zoom participants are either Panelists or Attendees. As meeting begins all microphones are muted to prevent audio feedback. Attendees can view panelists. At start of hearing Panelists = Board and County staff only At start of hearing Attendees = Applicant, general public, and media. Panelists are on video. As meeting begins the hearings body and staff will be unmuted. Chair and staff will read opening statement. Staff presents its report on the case file and answers any questions from Board. Applicant is elevated from Attendee to Panelist and gives presentation, answering any questions from Board, then is demoted back to Attendee and is again muted. FS C Chair will next accept public testimony in the following order: those Attendees participating by computer go for first, then those Attendees participating by telephone. As there is no sign -in sheet, a person must provide name and mailing address at start of testimony. Chair elevates one public member from Attendee to Panelist, unmutes microphone, and accepts that person's testimony. Person is then demoted to Attendee, muted, and next person is selected and the process repeats until all those participating by computer have testified. Chair announces last four digits of phone number and requests whether that person wishes to testify or not. The announced Attendee is promoted to Panelists, answers whether they wish to provide testimony. If no, they are demoted back to Attendee. If yes, they provide testimony and are demoted back to Attendee and muted. The next last four digits of the phone number are announced and the process again repeats. rEs 0 Construct raised median barrier for a nine -mile segment on U.S. 97 from south city limits of Redmond to north city limits of Bend and add j-turns rather than frontage or backage road(s) U.S. 97 between South Century Drive-USFS boundary, aka Milepoints 153-159, build a four -lane, divided highway, leaving Vandevert Road connected to highway Upcoming ODOT safety project inconsistent with TSP Current TSP based on 4-phase approach of improving two-lane state highway in increments 1. Passing lanes every 3-5 miles 2. Knit together passing lanes to make full four- or five -lane highway 3. Build grace -separated interchanges at appropriate spacing cistances 4. Build frontage roads to parallel highway and connect interchanges Current TSP language did not anticipate j-turns Current TSP calk for disconncting Vandevert U.S. 97 has turning crashes related to turning on/off the highway or crossing the highway at at -grade intersections or private driveways Head-on crashes between northbound and southbound vehicles Crashes related to winter driving conditions • Phase 1: 1.86 miles south of Des. jct. • Phase 2: 1.60 miles Deschutes jct. to 61 st St. • Phase 3: 4e18 miles between Redmond and 61 st Ste • Phase 4: 1.35 miles from Bend n orth to south end of Phase 1 Redmond - Bend U.S. 97 Raised Median Project Map #1 247-20.000138-PA Raised median barrier is a low-cost, highly effective countermeasure Main drawback is out -of -direction travel TSP required frontage road be constructed prior to raised median barrier®s construction j-turn, a type of U-turn® reduces out -of -direction travel Pull up to stop sign; turn right when outside lane is dear When safe, merge left into inside lane From inside lane, move into left-tum refuge When safe, turn across both lanes of oncoming traffic into receiving pocket which is beyond outside lane Continue through receiving pocket, which will merge with outside lane of 97 You are now heading in the desired direction \x\ ES co When safe, move left into inside lane From inside lane, move into left -turn refuge When safe, turn across both lanes of oncoming traffic into receiving pocket vvhkh is beyond outside lane Continue through receiving pocket, vvhich with outside lane of 97 You are now heading in the desired direction I merge • Assume traffic enters from west side of US 97 and driver wishes to go north to Redmond • Receiving pocket is half - circle on east side of highway • Note acceleration lane to go northbound Left -lion design tor 60 rnph (HDM Figure 9.7) 385-foot deceleration 170-foot taper 1140' acceleration length rf? 360'leper p.: (HDM Figure 8-11) Existing language on Page 165: "Between Bend and Redmond the traffic volumes will exceed the threshold ODOT has set for triggering a raised median. The County supports a raked median on U.S. 97, provided an adequate system of frontage road(s) or parallel local alternate routes precede the raised median's installation" 2 ODOT proposed language is shown underlined: "Between Bend and Redmond the traffic volumes will exceed the threshold ODOT has set for triggering a raised median. The County supports a raised median on U.S. 97 provided an adequate system of frontage road(s) or parallel local alternate routes or the addition of 0-turns precede the raised median's installation Existing language on Page 144 regarding Deschutes Jct: "The agency recognizes the out of direction travel that would result and thus has stated the current raised median would not be extended until a frontage road was in place on the west side of U.S. 97®" ODOT proposed language regarding Deschutes jct. with added text shown underlined and deleted shown in strikethrough: ®The agency recognizes the out of direction travel that would result and thus has stated the current raised median would not be extended until ODOT had a plan that would minimize out of direction travel. The plan could include installation of a frontage road, backage road, or Es < the addition of J-turns on U.S. 97." • Phase 1: South Century Drove to just south of Vandevert Road • Phase 2: Vandevert R gad to slightly past sugarpine Butte Road U.S. 97 Divided Highway Protect Map #2 247-20-000138-PA PROJECT SCOPE - Phase 1 Phase 1: 2-stage left turn crossing @ Vandevett and Lambertiana BIRO ;WOLJFt CROSSING.`1 MP 154.35' Phase 1: North Median U-tu;n Phase 1: 4-Lane w/interim Vandevert improvements and North median U-turn Final: Vandeo becomes RIRO Phase 1: NB Alignment U.S. 97Nandevert intersection has turning crashes related to turning on/off the highway At the time, ODOT and County agreed solution was to disconnect Vandevert from U.S. 97 Turns for erly at Vandevert/97 w. u d shift to South Century Urine interchange or 1st/Reed signal in La Pine Traffic would likely shift to Huntington Road ODOT now looking at improving safety of intersection by dividing highway, effectively making Vandevert a right in/right out (R!RO) and using,®turns for left turns Essentially, this is a U-turn that is displaced upstream or downstream of the U.S. 97Nandevert intersection The turn bay and the receiving lane resemble a j wien viewed from above To go north, one turns south from Vandevert and then doubles back to go north via the j-turn 0,Fs Planning Commission held the following: Work session April 23, 2020 Public hearing May 14, 2020 Contiued public hearing to May 28, 2020 Closed he }ring, delib41rated, and unanimously recommended Board approve application as submitted, May 28, 2020 Raised median would lead to out -of -direction travel, even with j-turns, for rural residents Could Hums accommodate semi -truck and trailers and/or pickups pulling horse trailers or fifth wheels or RVs Will the raised median and divided four lanes accommodate wildlife crossings ODOT replies system of J-turns reduces out -of -direction travel; j-turns would accommodate vehicles cited; median design must consider wildlife EIS co Board opens public hearing to accept public testimony then can Continue hey<ring to d to c rtain Close :ral rec.rd; leave written recsrd .pen tt• date certain Close ral and written record; set date certain to delibe rate Cl se oral and written record and begin deliberations Peter Russell deschutes.org (541) 383-6718 TES Q .< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 24, 2020 DATE: June 17, 2020 FROM: Cynthia Smidt, Community Development, 541-317-3150 TITLE OF AGENDA ITEM: PUBLIC HEARING: Noise Variance for Nighttime Construction on Deschutes Market Road and US Highway 97 BACKGROUND AND POLICY IMPLICATIONS: City of Bend is requesting a nighttime (10 p.m. - 7 a.m.) noise variance for road work along Deschutes Market Road and US Highway 97 for Phase 2 of the North Interceptor Sewer Project. The noise permit application will allow nighttime construction associated with a sewer transmission pipeline project within the Deschutes County right-of-way for Deschutes Market Road and State of Oregon right-of-way for US Highway 97. The work would begin no sooner than August 1, 2020 and end no later than November 30, 2021, depending on the project. File Number 247-20-000135-V See attached staff memorandum for further background information. FISCAL IMPLICATIONS: None ATTENDANCE: Cynthia Smidt, Associate Planner MEMORANDUM TO: Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: June 17, 2020 PUBLIC HEARING: June 24, 2020 RE: ,Y ,gg,, E N E. City of Bend is requesting a nighttime (10 p.m. - 7 a.m.) noise variance for road work along Deschutes Market Road and US Highway 97 for the North Interceptor Sewer Project, Phase 2; File Number 247-20-000135-V The Board of County Commissioners (Board) will hold a public hearing on June 24, 2020, at 10 a.m., to hear a noise permit application submitted by City of Bend. The noise permit application will allow nighttime construction associated with a sewer transmission pipeline project within the Deschutes County right-of-way for Deschutes Market Road (Document 2020-385) and State of Oregon right-of- way for US Highway 97 (Document 2020-386). The work would begin no sooner than August 1, 2020 and end no later than November 30, 2021, depending on the project. I. MEETING PARTICIPATION June 24, 2020 - Public Hearing • Computer: Members of the public may listen, view, and/or participate in the public hearing on June 24, 2020 using Zoom. Using Zoom is free of charge. Using this option may require you to download the Zoom app to your device. Login to the electronic meeting online using the following Zoom link. https://us02web.zoom.us/j/83642377034?pwd=RGZSdW8rV2VwZXY2M UxoWWhI bkN EQT09 Password: 063186 • Phone: Members of the public can access the meeting via telephone; dial 1 (346) 248-7799. When prompted, enter the following information. Webinar ID: 836 4237 7034 Password: 063186. 1 7 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708-6005 �� (541) 388 6575 @ cdd@desdhat s .org wvdw.oeSchutes.org/ca • In Writing: Written comments can also be submitted to the record via regular mail or email by 9:00 a.m. on June 24. Submit comments to Cynthia.Smidt@deschutes.org. • In Person: Members of the public may attend the hearing in person subject to social distancing requirements. Up to 25 people (including staff) will be permitted in the hearing room if 6-foot distancing can be maintained. 1I. SUMMARY The North Interceptor Sewer Project is a sewer transmission line that will meet projected population growth for the City of Bend and expand the serviceable area of the current City sewer system. In addition, the project will replace portions of existing sewer infrastructure and replace existing pressure sewer line with gravity sewer lines, where practicable (in accordance with the 2014 City of Bend Collection System Master Plan). The project involves two phases discussed below. Portions of Phase 2 will lie within the public road right-of-way of Pioneer Loop, Margaret Lane, Deschutes Market Road, and US Highway 97. Construction of the pipeline within the road right-of-way will occur primarily during normal working hours except for required night work within the rights -of - way of Deschutes Market Road and US Highway 97. The work within road right-of-way may involve open cut excavation, boring, and installation of gravity sewer pipe. The project will also include removing the existing pavement surface, grading, and pavement restoration. The nighttime road work will satisfy work limits imposed by the Deschutes County Road Department for the Deschutes Market Road segment and Oregon Department of Transportation (ODOT) for the US Highway 97 segment in order to minimize traffic delay and decrease the risk of construction related accidents, as well as compliance with ODOT freight mobility agreements. DESCHUTES MARKET ROAD - There is no assigned address but the project crosses the public right- of-way between 63635 Deschutes Market Road and 63610 Deschutes Market Road (Assessor's Tax Map 17-12, Sections 11C and 11 D) as shown below in Figure 1. The Deschutes Market Road segment is anticipated to last seven days. The start date for this aspect of the project is dependent on other elements of the overall project. The applicant anticipates starting on November 3, 2020. However, the start date could begin as soon as September 1, 2020 or as late as December 14, 2020. The applicant indicates that the grind and inlay of the road will be dependent on weather. Therefore, if paving was not completed in 2020, they would have to complete it in 2021 when nighttime weather was predictably warm, which would be approximately May or June. 247-20-000135-V Page 2 of 5 Figure 1 - Proposed Deschutes Market Road Crossing US HIGHWAY 97 - There is no assigned address but the project will occur within the public right-of- way between mileposts 133.16 and 134.59 (Assessor's Tax Map 17-12-09) as shown below in Figure 2. The work within the US Highway 97 right-of-way will depend on the ODOT permissions regarding blasting. Blasting is anticipated to occur between August 1, 2020 and November 14, 2020, lasting approximately eight weeks. According to the applicant, blasting will likely occur twice per week during that time. In addition, the nighttime work will include pipeline excavation and installation that is anticipated to begin no earlier than April 1, 2021 and end no later than November 30, 2021. This timeframe is dependent on easement acquisition and pipe production in other areas of the project. 247-20-000135-V Page 3 of 5 Figure 2 - Proposed US Highway 97 Segment III. LAND USE HISTORY The County issued an administrative decision approving Phase 2 of the North Interceptor Sewer Project on June 3, 2020 through files 247-20-000132-CU, 247-20-000133-AD, and 247-20-000134-SP (attached). Phase 2 includes transmission pipeline traveling through 10 properties located in the Exclusive Farm Use (EFU), Multiple Use Agricultural (MUA-10) and Suburban Low Density Residential (SR 2 1/2) Zones. The 10 properties begin near the terminus of Phase 1 along Pioneer Loop, then travels west and northwest through Bend's Juniper Ridge industrial/business park, concluding along US Highway 97. As noted above, the requested noise permits are associated with Phase 2. In May 2019, the County approved Phase 1 of the North Interceptor Sewer Project through files 247- 18-000951-CU, 247-18-000952-AD and 247-18-000954-SP. Phase 1 began at Bend's Water Reclamation Facility at 22395 McGrath Road and proceeded west to Pioneer Loop near 63636 Pioneer Loop. The City of Bend did not request a noise permit for this phase of the project. All 247-20-000135-V Page 4 of 5 construction within the Gentry Loop and Cricketwood Drive road rights -of -way occurred during normal working hours. IV. PUBLIC COMMENTS The Planning Division mailed written notice of public hearing to property owners within 3,200 feet of the subject road projects on June 4, 2020. Public notice was also published in the Bend Bulletin on June 4, 2020. As of the date of this memorandum, staff received one written comment from a property owner, Kayla Carol, who resides near the Highway 97 segment of the proposal. V. NEXT STEPS At the conclusion of the testimony, the Board can consider the following options: 1. Close the public hearing and written record and begin deliberations; 2. Close the public hearing and leave the written record open to a date certain; or 3. Continue the public hearing to a date certain. Noise permits are not subject to the 150-day time limit defined in DCC 22.20.040 VI. RECOMMENDATION In the interest in the safety and convenience of both the traveling public and the workers within the construction work zone, staff recommends the noise permit and its nighttime variance be approved. VII. RECORD The record for the project was presented to the Board at their meeting on June 15, 20201. Attachments: Binder Document Item No. 2020-06-17 PowerPoint Presentation 9 2020-06-15 K. Carol Comments 8 1 June 15, 2020 Board Meeting: https://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=2522 247-20-000135-V Page 5 of 5 Applicant: City of Bend • File N 0: 247-20-000135-V Ro dways: Deschutes Market Rd & Highway 97 c,) kz./ The Board's dedsk.n on this application ill be ba the staff report, and the testim ny nd evidence haring and foil awl g the hearing fthe therec. rd sh The hearing will be conducted in the f lowing sad upon the reccsrd, resented at this uld be Ieft • pen. rder. 1. Staff will provide a brief report. 2. The applicant ill present its testimony and evid 3. Opponents and prop. nent wffl testify and prese 4. Other i terested persons will then present testi 5. The applicant prese ts rebuttal testimony. 6. Staff U be afforded an *pportunity to make any c ts® 5*, rn nc t evidence. ny or evidence. e sing 1 1 • Parties are requested to clearly state any pr. cedural objections to the hearings process as part of their testimony. • Zotm participants are either Panelists or Attendees® As meeting begins - mierophones are muted to prevent audio feedback. Attendees can view panelists® (cont.) • At start of hearing Panelists will be Board and County staff only • At start of hearing Attendees will be Applicant® general public, and media® 8 Panelists ar - on video. • As the meeting begins the he will be unmated® • Chair and staff rings body and staff read the opening statement. \) ES c e co (cont.) • Staff ill present its report o the case file and answers any questions from r oard. There is no sign -in sheet for remote testimony Parties must provide their name !'nd mailing address at start of testimony ® Applicant is elevated from Attendee to Panelist and gives presentation, answering any questions from Board, then is demoted back to Attendee and is ag in muted. • Appellant(s) are elevated from Attendee to Panelist and gives presentation, answering any questions from Board® th n is demoted back to Attendee a d is gain uted. �)1ES * Chair will n ord • r: e (cont.) xt accept public testimony in the f !lowing 1. Attendees participati g by attending in person 2. Attend es particip,. ting by computer 3. Attendees particip.ting by telephon 64. (cunt®) COMPUTER Attendees The Chair will elevate one public member from Attendee to Panelist, unmutes their rnicropho e® and accepts that persones testim ny® That person is then dernotd to Attendee, muted, and next person is selected. Process repeats until all those participating by computer have testified® (cunt®) TELEPHONE Attendees • The Chair announces last four digits of phone number and r- quests whether that person wishes to testify or not. • The announced Attendee is promoted to Panelists, ans ers hether they wish to provide testimony. • No Prson returns back to Attendee status. • Yes - Person provides testimony and then demoted back to Attendee and muted. • The next last four digits of the phone number are an ounced and the process ag. in repeats. (cont.) • The applicant, as the party bearing the burden of proof, will then be fforded an opportunity to present rebutt.I testimony. * If requested by the Board, staff will provide dos comments. g \)-c- ES c e 0 File No.: 247-20-000135-V co Roadways: Deschutes Market Rd & Highway 97 & Applicant: City of Bend Proposa North t tr Sewerrjt • SEWER TRANSMISSION LINE • Meet projected population growth for the City of Bend Expand the serviceable area of the current City sewer system ➢ Replace portions of existing sewer infrastructure • Replace existing pressure sewer line with gravity sewer lines Proposal (cont.) North Interceptor r Project • Work in Roadway Normal working hours Pioneer Loop, Margaret Lane, Deschutes Market Road, Highway 97 • Work in Roadway - Nh it hucrs Deschutes Market Road Highway 97 Proposal Reasons for Noise Variance • Safety and convenience of traveling public and construction workers • Minimize traffic delays • Decrease risk of construction related accidents • ODOT freight mobility agreement for Highway 97 •-• File Ni:247-20-000135-V Roadways: Deschutes Market Rd & Highway 97 \)•-t" ES co Applicant: City of Bend Cynthia Smidt From: Sent: To: Subject: [EXTERNAL EMAIL] Kcarol <kcaro150@gmail.com> Monday, June 15, 2020 12:16 PM Cynthia Smidt Re: file 247-20-00135-V nightime noise variance Thank you for being so responsive and working to get my questioned answered. I've been sharing the info with my neighbors. Kayla On Jun 15, 2020, at 11:44 AM, Cynthia Smidt <Cynthia.Smidt@deschutes.org> wrote: Hi Kayla, These are good questions. Does that mean the work is night only in that segment? I'll see about getting you an answer regarding whether the work in the highway is only at night. Will we receive notification before blasting? My other home in Bend they did door hangers and air horn before Each blasting. Although that work was daytime only. The County's noise permit requires prior notification. In addition, I just learned today that yes, they do notify before each individual blasting. Thanks and I'll get back to you about the first question. Cynthia Cynthia Smidt 1 Associate Planner Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22,20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person'.s property or conferring any rights, including any reliance rights, on any person. From: Kcarol <kcaro150@gmail.com> Sent: Monday, June 15, 2020 8:44 AM To: Cynthia Smidt <Cynthia.Smidt@deschutes.org> Subject: Re: file 247-20-00135-V nightime noise variance [EXTERNAL EMAIL] i My address is 63811 Wellington St., Bend OR 97701 One question you didn't answer. Does that mean the work is night only in that segment. Another question. Will we receive notification before blasting? My other home in Bend they did door hangers and air horn before Each blasting. Although that work was daytime only. I'm not in favor of it as I know the disruption to my sleep and my business will be significant. And blasting is very frightening to my and my neighbors animals. Kayla Carol On Jun 15, 2020, at 8:18 AM, Cynthia Smidt <Cynthia.Smidt@deschutes.org> wrote: Hi Kayla, Thanks for your comments. Attached is the application materials that indicate the Db levels of each type of equipment that is anticipated to be used. Although not specifically mentioned in the application materials, for the Highway segment of this project they anticipate work occurring between August 1, 2020 and November 14, 2020 (approximately eight weeks) and blasting will likely occur twice per week during that time. In addition, the nighttime work will include pipeline excavation and installation that is anticipated to begin no earlier than April 1, 2021 and end no later than November 30, 2021. This timeframe is dependent on other aspects of the other all project. For the record, could you provide your mailing address. Thank you. Cynthia Cynthia Smidt I Associate Planner Disclaimer. Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Kayla Carol <kcaro150(«@gmail.com> Sent: Sunday, June 14, 2020 11:31 AM To: Cynthia Smidt <Cvnthia.Smidt@deschutes.org> Subject: file 247-20-00135-V nightime noise variance [EXTERNAL EMAIL] Cynthia, 2 I have concerns over the noise levels. The documents I received don't speak to what the Db is. My house windows in the living spaces parallel the freeway and I already get a lot of noise. I am concerned about being able to sleep during the night. I work from home and this could be a real challenge. Also my animals don't do well with startling sounds. What is current average freeway Db during the day and what will it be during construction at night? Does this mean the freeway work is only at night so I could sleep during the day if needed? Will there be blasting or jackhammering at night? What is the time duration of this disturbance. A week, month, etc. When will it start? I live in NorthPoint subdivision at Wellington and Kilbourne. I went online and couldn't find the documents for this request. Thank you for your time and help. Kayla Carol <2020-02-12 Application Materials 247-20-000135-V.pdf> 3 I. ES BOARD. OF COMMISSIONERSMEETING` REQUEST TO SPEAK Citizen Input can be given regarding any topic that is NOT on the agenda Public Testimony can be given during Public Hearings only Topic of Input or Testimony: f t It. 8 - 29' - 4� ' 13 5- V Is this topic an item on today's agenda? �r Yes (please see description of Citizen Input above) No Name J 551 IA a Cf6t1 k Date: C l 2-y Address C} Walt Sh-e-c%-" (6.4y 11 Phone #s '11 330 do E-mail address mom. c 1 a IA k t f )-vvi THIS FORM IS TURNED IN TO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. Yes CO 0 N.) . z . cz sk 0 -. c (f) a a, CD cn -cs co < • Sll CD '.< -1. Z CD S1) 0 = 5' X 0 CD 0 a) CD > a. a 0 w a 0 0 5