2021-149-Minutes for Meeting March 29,2021 Recorded 4/13/2021Recorded in Deschutes County CJ2021-I AQ
�v-'ES CO
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
1:00 PM
Nancy Blankenship, County Clerk
Commissioners' Journal 04/13/2021 4:17:45 PM
2021-149
.................
FOR RECORDING STAMP ONLY
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom
Anderson, County Administrator; David Doyle, County Counsel; and Sharon Keith, BOCC Executive
Assistant (via Zoom conference call). Attendance was limited in response to Governor's Virus orders.
CALL TO ORDER: Chair DeBone called the meeting to order at 1:02 p.m.
PLEDGE OF ALLEGIANCE
Comment: Commissioner Adair noted the availability of COVID19 vaccination doses
that are open for registration.
ACTION ITEMS:
1. Consideration of Chair Signature of Document No. 2021-272, Natural
Resources Grant Agreement Acceptance
County Forester Ed Keith (via Zoom conference call) presented the status of
the grant agreement through the Oregon Department of Forestry. The grant
was awarded in the amount of $220,000 for fuels reduction projects on
County owned lands. The projects need to be completed byJune 30, 2021
and was offered for bid through the 2021 Deschutes County qualified pool of
fuels reduction contractors. The Commissioners spoke on the importance of
BOCC MEETING MARCH 29, 2021 PAGE 1 OF 6
fuels reduction. Discussion held on potential future uses of the parcels.
Commissioner Adair announced the dates of the 2021 FireFree events as well
as the Hoover Institute webinar scheduled tomorrow regarding Wildfires in
the West. This grant funding was made available through the legislature as a
part of a package awarded to the Oregon Department of Forestry and
Oregon State Fire Marshal's Office for wildfire preparedness.
ADAIR: Move approval of Chair signature of Document No. 2021-272
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone inquired on the status of the fires experienced in the
area yesterday. Mr. Keith reported there were 211 acres affected yesterday
driven by the high winds along with several other small fires. Commissioner
Chang commented on the burning permit system that Sisters fire has and
stressed the importance of finding a method to allow property owners to be
able to burn yet maintain a sense of safety.
2. Nonprime Resource Lands Amend ment/WithdrawaI
Planning Manager Peter Gutowsky presented the history of this item leading
to the request of staff for the Board to consider withdrawing these
amendments. Through this process it was found there are no viable options
short of legislative amendments at the state level, for a path to move
forward. Discussion held on exploring other approaches to correct the land
designations for the six rural residential areas and other similarly situated
lands.
ADAIR: Move the withdrawal of the nonprime resource lands
text amendments
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
BOCC MEETING MARCH 29, 2021 PAGE 2 OF 6
3. Worrell Park and Wall Street Parking Redevelopment
Property Manager Kristie Bollinger and Facilities Director Lee Randall
requested approval to move forward with a RFP to address design options
for the needed courthouse expansion parking/redevelopment project.
Based on the City of Bend development code requirements there is a need
for additional 48 parking spaces associated with the courthouse expansion.
The new parking design would alter and redesign Worrell Park which was
dedicated in 1997 for William K. Worrell, former superintendent of Bend La
Pine schools and was designated a park by BOCC Order No. 97-147.
Commissioner Chang inquired whether this concept was presented to the
Worrell family. County Administrator Anderson spoke with the family and
the family would like to maintain the legacy of the park and seem pleased
with the design concept. The project is estimated at $2.5 million and would
provide 68 additional parking spaces for the campus.
Commissioner Adair observed that the original design concept presented to
the Board previously is different from the design concept presented today.
Commissioner Adair feels the existing park is beautiful as is. She noted that
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County Services Building, but that nobody has expressed dissatisfaction with
the current park. She feels that $2.5 million for removing the current park
and increasing capacity by only 68 parking spaces is too high of a cost -
especially with so many folks working from home.
Mr. Randall explained the feedback from the Board was to prioritize parking
spaces and provide preservation of park space. An effort has been made to
protect the mature Ponderosa Pines. Commissioner DeBone acknowledged
an opportunity to have a facade included from the Old Stone Building.
Commissioner Adair feels the project is expensive and to gain only 68 spots
should not cost so much and reiterated that she happens to love that park.
Commissioner DeBone explained the downtown courthouse will need
parking and the new park design may be more inviting. Commissioner
Chang likes the idea of a park that could be used more actively and pointed
out the part of what we are seeing is rock that was placed at the park site
during the construction of the adjacent bypass. Commissioner Chang
inquired whether some of the rock and fill could be used at the OSU
Cascades property.
BOCC MEETING MARCH 29, 2021 PAGE 3 OF 6
If the Board approves moving forward at this time, staff will prepare a
Request for Proposals for a design team. Commissioner Chang inquired
whether the design options could include a scenario that allows the park to
function like a big plaza that could accommodate events and festivals.
Commissioner Adair mentioned use of county parking by the Downtown
Bend Association and noted that County Risk had concerns about possible
liability.
Commissioner DeBone supports moving forward with the RFP and
acknowledges Commissioner Adair's concerns regarding the high cost.
Commissioner Chang inquired on 3D design views. Mr. Randall noted this
may be available further into the development. Commissioner Chang would
support moving forward with the RFP stage and to include a design process
for the Commissioners to view prior to construction to allow for an
opportunity to revise the design.
CHANG: Move staff direction to proceed with the Request for Proposals
and development of construction documents for review
DEBONE: Second
CVmmIJJloner Adall i-1 nvt �uppVl Live of thi.2 pr vje�t due tv the high rV, L
associated with so few additional parking spaces.
VOTE: CHANG: Yes
ADAIR: No
DEBONE: Chair votes yes. Motion Carried
4. Input to OSHA on Draft COVID Workplace Rule
Deputy County Administrator Erik Kropp presented a draft letter of support
regarding the OSHA adopted rule of work place regulations related to
COVID19. Commissioner Adair pointed out a spelling error on the draft.
Commissioner Chang made recommendation on the wording within the
letter. Commissioner Adair recommends including more substance to
support the business community and the impacts they have realized.
Revisions will be made to the letter.
BOCC MEETING MARCH 29, 2021 PAGE 4 OF 6
OTHER ITEMS:
• Commissioner Adair expressed gratitude to the High Desert Stampede for
putting on the rodeo and to the sponsors of the event. Commissioner
DeBone also attended the event.
• Commissioner Chang reported a letter was received from the Deschutes Trail
Coalition requesting a Commissioner to participate as a member on their
Board. Commissioner Chang will serve as a representative on behalf of
Deschutes County.
• Commissioner Adair thanked those involved in keeping the Smith Rock State
Park safe.
Commissioner DeBone acknowledged Vietnam Veteran's Day and the events
being held in Central Oregon.
• Commissioner DeBone attended the EOCA legislative call this morning and
Commissioner Adair will attend the EOCA leadership meeting tomorrow
morning.
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be used by AOC for billing counties.
• County Administrator Anderson reported the USFS and BLM will present
their project priorities to the Commissioners on April 5 and asked the
Commissioners if there are specific questions to please let him know so they
can include them in their presentation. Commissioner Chang would like to
see fuels reduction projects, plans for homeless population, and plans for
the demand for recreational infrastructure.
• Commissioner Adair reported she will attend a meeting regarding China Hat
this Thursday and the process of achieving a safer community. County
Administrator Anderson will present a cost for the continuing project of
vehicle removal in the China Hat area.
• A draft letter regarding HB2611 was provided to the Commissioners by
Community Development Director Nick Lelack.
CHANG: Move approval of the letter in opposition of HB2611
DEBONE: Second
BOCC MEETING MARCH 29, 2021 PAGE 5 OF 6
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried
EXECUTIVE SESSION:
At the time of 2:34 p.m. the Board went into Executive Session under ORS 192.660
(2) (h) Litigation. The Board came out of Executive Session at 3:19 p.m. to direct
staff to proceed as discussed.
At the time of 3:20 p.m., the Board went into Executive Session under ORS 192.660
(2) (i) Employee Evaluation. The Board came out of Executive Session at 3:44 p.m.
ADJOURN. Being no further items to come before the Board, the meeting was adjourned at
3:44 p.m.
DATED this -7 Day of 2021 for the Deschutes County Board of
Commissioners.
ANTHONY E E, CHAIR
ATTEST:
RECORDING SECRETARY
PIIL CHA, V CE CHAT
ATTI ADAIR, COMMISSIONER
BOCC MEETING MARCH 29, 2021 PAGE 6 OF 6
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
1:00 PM, MONDAY, MARCH 29, 2021
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 Boards 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 (later enacted as part of HB 4212) directing government entities to utilize virtual meetings whenever
possible and to take necessary measures to facilitate public participation in these virtual meetings.
Since May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners have been
conducted primarily in a virtual format. 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.
In Person Attendance: Limited due to Virus restrictions. Please contact Sharon Keith at
sharon.keith@deschutes.org prior to the meeting to request in person attendance.
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:
citizen input 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
Board of Commissioners BOCC Meeting Agenda Monday, March 29, 2021 Page 1 of 3
through a meeting invite once your agenda item has been included on the agenda. Upon entering the
Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to
present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are
providing testimony during a hearing, you will be placed in the waiting room until the time of testimony,
staff will announce your name and unmute your connection to be invited for testimony. Detailed
instructions will be included in the public hearing materials and will be announced at the outset of the
public hearing.
For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as well as
posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public-hearing-notices
PLEDGE OF ALLEGIANCE
ACTION ITEMS
Consideration of Chair Signature of Document No. 2021-272, Natural Resources
Grant Agreement Acceptance - Ed Keith, Forester
2. Nonprime Resource Lands Amendment / Withdrawal -Peter Gutowsky, Planning
Manager
3. Worrell Park and Wall Street Parking Redevelopment - Lee Randall, Facilities Director
4. Input to OSHA on Draft COVID Workplace Rule -Erik Kropp, Deputy County
Administrator
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific guidelines,
are open to the media.
Executive Session under ORS 192.660 (2) (h) Litigation
Board of Commissioners BOCC Meeting Agenda Monday, March 29, 2021 Page 2 of 3
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.
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 617-4747.
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 Monday, March 29, 2021 Page 3 of 3
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o 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 Monday Meeting of March 29, 2021
DATE: March 18, 2021
FROM: Peter Gutowsky, Community Development, 541-385-1709
TITLE OF AGENDA ITEM:
Nonprime Resource Lands Amendment / Withdrawal
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Nick Lelack, AICP, Director
Peter Gutowsky, AICP, Planning Manager
DATE: March 18, 2021
SUBJECT: Nonprime Resource Lands Amendment / Withdrawal
Staff recommends the Board of County Commissioners (Board) withdrawal the Nonprime Resource (NPR)
Lands Amendments, File no. 247-19-000265-PA for the reasons discussed below.
BACKGROUND
In March 2019, Deschutes County proposed Comprehensive Plan amendments to establish criteria for re -
designating:
1) Exclusive Farm Use (EFU) or Forest Use zone properties to NPR Lands; and
2) Six rural residential areas platted or conveyed prior to State enabling planning legislation taking
effect.
The purpose was to ensure accurately designated resource lands in absence of any Oregon Administrative
Rules (OARs) addressing Non -resource Lands.
The Planning Division conducted Planning Commission town hall meetings around the county on the
proposed amendments in April 2019, and then conducted two hearings on May 23, 2019 and June 13, 2019
respectively. The Board of County Commissioners (Board) decoupled the Comprehensive Plan amendments
to focus exclusively on the six rural residential areas based on public comments. Public hearings were held
on November 18, 2019, January 22, 2020 and July 15, 2020. The open record period closed on July 22, 2020
at 5:00 p.m. Deliberations are yet to be scheduled.
Following the close of the written record last fall, the Board directed staff to schedule a meeting with the
Oregon Department of Land Conservation and Development (DLCD) leadership to discuss how the County
might correct farm and forest land designations. Then, during the Board's goal setting retreat in January
2021, Commissioner Chang also expressed an interest in exploring how to preserve lands on the east side of
Bend for future urbanization.
The Board conducted a work session with DLCD on March 17, 2021. Staff acknowledged over the last
decade, in coordination with partner organizations, they have thoroughly vetted Oregon Revised Statutes
(ORS) and OARS relating to:
• Big Look Bill — HB 2229, 2009
• Exceptions to Statewide Goals 3 and 4
• Non -resource Lands
• Regional Problem Solving
Unfortunately, no options exist under State law for Deschutes County to correct its land use inventory of
EFU and Forest Use zoned properties. During the work session, Director Rue explained that the Land
Conservation and Development Commission (LCDC) Policy Agenda for the next several years will not likely
prioritize Non -resource Lands rulemaking due to other demands.
II. DRAFT WORK PLAN
Each spring, the Community Development Department (CDD) prepares an annual work plan describing
proposed projects for the coming fiscal year.'
Staff recommends replacing the NPR project on page 35:
o From: "Explore other approaches to correcting land designations for six rural residential areas and
landsr +t + i d.. f Blend h as Region l Problem Solving s nrcviniicly-laaactadi v ni rn.'-
ldnds on use easy sIUC v� �ci�u, such ao �. 5'w m ..g a., V. ....,......7 .�aa•. ••••. •,. b,
o To: "Explore options to improve and streamline the permitting process for rural residential areas."
If this change is incorporated into the final work plan, staff can develop templates that allow property
owners in the six rural residential areas to efficiently prepare land use applications that address non -farm
and template dwelling criteria in the EFU and Forest Use zones.
1 https://www.deschutes.org/sites/defau It/fi les/fileattach ments/com m unity development/page/110/draft deschutes county cdd 2021-
22 annual report and work plan.pdf
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o 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 Monday Meeting of March 29, 2021
DATE: March 24, 2021
FROM: Lee Randall, Facilities, 541-617-4711
TITLE OF AGENDA ITEM:
Worrell Park and Wall Street Parking Redevelopment
RECOMMENDATION & ACTION REQUESTED:
Direct staff to proceed with a Request for Proposals for design services and to develop
construction documents based on the current conceptual plan for the Worrell Park and
Wall Street Parking Redevelopment.
BACKGROUND AND POLICY IMPLICATIONS:
Worrell Wayside Park is a largely undeveloped 1.29-acre County park situated on the
downtown County campus in Bend. It is named after William K. Worrell, former
superintendent of Bend -La Pine Schools, and was designated a park by BOCC Order No. 97-
147 on September 24, 1997. It consists of a single, 1.29 acre tax lot and includes walking
paths, park benches and a few picnic tables.
Adjacent to Worrell Park, the Wall Street Parking Lot consists of two tax lots totaling 1.27-
acres at the corner of Lafayette and Wall Street and at Wall Street and the Deschutes
Services Building driveway. Along with other downtown campus parking lots, it serves ten
buildings which include the Courthouse, Health Services buildings, Community
Development, the Deschutes Services Building, and others that provide direct public
services. The lot currently has 68 parking spaces out of approximately 654 on -street and
off-street spaces associated with the downtown campus.
In preparation for a possible future Courthouse expansion, a parking study was conducted
in 2019 which concluded that approximately 48 parking spaces would need to be added
within 1000 feet of the Courthouse to meet City of Bend development code requirements.
After considering nine possible parking expansion options, the Board elected to further
explore the improvement and redevelopment of the existing County -owned property
adjacent to the Deschutes Services Building. The Board directed staff to develop a
conceptual plan for redevelopment to include, 1) improved public access to Worrell Park, 2)
enhanced aesthetics and visibility of the Deschutes Services Building from Wall Street for
better visitor experience, and 3) increased parking capacity to meet the requirements of
the future Courthouse expansion.
Based on Board direction, staff worked to develop broadly conceived improvements to the
park and adjacent parking lot which preserve and enhance park elements, maximize
utilization by the public, improve campus aesthetics, support ballot and tax payment drop
off and community partner mobile programs, improve access, and increase parking
capacity to meet future needs.
If the Board elects to proceed with further development of the project, next steps include securing
design services for construction documents and proceeding with the process of design, permitting
and construction.
FISCAL IMPLICATIONS: None at this time. Upon selection of a design team, the County
would enter into a contract for design services.
ATTENDANCE: Kristie Bollinger, Property Manager; Lee Randall, Facilities Director
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o 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 Monday Meeting of March 29, 2021
DATE: March 19, 2021
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Input to OSHA on Draft COVID Workplace Rule
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board approval of the letter to OSHA
BACKGROUND AND POLICY IMPLICATIONS:
On November 6, 2020, OSHA adopted a temporary rule on work place regulations related to
COVID-19. The temporary rule expires on May 4, 2021; OSHA is proposing to extend the
temporary rule in the form of a "permanent" rule and to also modify the rule. Staff will discuss
a. L. 'a c is a lICLJ A ♦he ' rules. The
witrl tH DUciW II IIIC(e 15 Illlelesl LU jUt) IL l:flllllllellL LU vJn/1 VI1 lllc propose' rUICJ. IIIs
comment periods ends on April 2, 2021.
According to OSHA, the current temporary rule cannot be extended and the only way to
continue the regulations is by adoption of a permanent rule. OSHA is proposing that the
permanent rule would be repealed once it is no longer necessary.
Staff discussed the draft rules with the Board on March 17, 2021. The Board directed staff to
draft a letter addressing the indefinite time period associated with the permanent rule.
Attached for Board review and input is a draft letter to OSHA on this topic.
FISCAL IMPLICATIONS:
None
ATTENDANCE: Deputy County Administrator Erik Kropp
**DRAFT**
March 29, 2021
Department of Consumer and Business Services
Oregon OSHA
P.O. Box 14480
Salem, OR 97309-0405
Sent via email: tech.webkoregon.gov
Dear Oregon OSHA
We are writing to comment on Oregon OSHA's Proposal on rules Addressing the CVID-19 Public Health
Emergency in All Oregon Workplaces. After reviewing the proposed changes, we would like to advocate that
the indefinite duration of the permanent rule be addressed.
We understand that OSHA cannot continue or extend the temporary rule. However, Deschutes County
supports adding language to tie the repeal of the permanent rule to the Governor's Executive Order related to
the COVID-19 State of Emergency. In other words, the permanent rule would contain specific language that
the rule would be repealed once the Governor's Executive Order was no longer in effect.
Although we are not specifically commenting on vaccine clinics as they relate to the proposed rule, Deschutes
County is very supportive of vaccine clinics and their important rule to combat the virus.
Sincerely,
Anthony DeBone Phil Chang Patti Adair
Chair Vice Chair Commissioner
1300 NW Wall Street Bend, Oregon 97703
(541) 388-6571 @ board@deschutes .org @ www.deschutes.org