2021-474-Minutes for Meeting November 15,2021 Recorded 12/8/2021Recorded in Deschutes County CJ2021-474
vi ES C Steve Dennison, County Clerk
QL� OG2� Commissioners' .journal 12/08/2021 10:40:27 AM
BOARD OF
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Q 2021-474
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
•
1:00 PM MONDAY November 15, 2021
FOR RECORDING STAMP ONLY
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick
Lelack, County Administrator; David Doyle, County Counsel; and Sharon Keith, BOCC Executive Assistant
(via Zoom conference call).
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website www.deschutes.org/meetings
CALL TO ORDER: Chair DeBone called the meeting to order at 1:00 p.m.
PLEDGE OF ALLEGIANCE
ACTION ITEMS:
1. Consideration of Chair Signature of Document No. 2021-920, Notice of
Intent to Award a contract for the Landfill Siting Consultant Services
Interim Solid Waste Director Chad Centola presented the document for
consideration and reviewed the history of the ongoing siting process to
locate a new landfill site for use when Knott Landfill becomes full (approx.
BOCC MEETING NOVEMBER 15, 2021 PAGE 1 OF 4
2029). A solicitation process was sent out in June for a consultant firm to
facilitate the landfill siting. The recommendation is to award the contract
with Parametrix, Inc. in the amount of $350,140
ADAIR: Move approval of Document No. 2021-920
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
2. Review of Preliminary Work Plan - Deschutes County Dark Skies
Ordinance
Community Development Department Associate Planner Tarik Rawlings,
presented the status of the Dark Skies ordinance approach proposed update
in the Community Development Department work plan.
CHANG: Move approval of staff to proceed
ADAIR: Second
VOTE: CHANG: Yes
ADAIR: Yes
DEBONE: Chair votes yes. Motion Carried
3. Consideration of Approval of a Memorandum of Understanding with the
City of Redmond related to use of the Redmond Wetlands Complex for
disposal of Future Terrebonne wastewater effluent.
Road Department Director Chris Doty was present via Zoom conference call
to present the item for consideration. The MOU will provide a partnership
with the City of Redmond to develop capacity for the future Terrebonne
wastewater system/district.
BOCC MEETING NOVEMBER 15, 2021 PAGE 2 OF 4
ADAIR: Move approval of Document No. 2021-922
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
OTHER ITEMS:
• Commissioner DeBone reported the public private agreement between the
La Pine Rural Fire District and the Cascade Medical Transport has been
revised and approved by La Pine Fire this past Thursday. A fully signed copy
of the document will be attached to the Board Order 2021-060 as an Exhibit.
• Commissioner DeBone presented a draft letter of support for the City of La
Pine to submit a grant application to the Oregon Park and Recreation District
to create an ATV staging area. Commissioners Chang and Adair requested
more background information.
• Commissioner DeBone and Commissioner Adair joined separate portions of
the virtual EOCA meeting for the legislative update.
Discussion held on Community Renewable Energy Association and whether it
would be a benefit for Deschutes County to join as a member.
• Commissioner Chang attended the Legacy Landing ribbon cutting on
Conners Avenue.
Commissioner Chang reported there is a presentation this afternoon on
Senate Bill 762.
• Commissioner Chang commented on the amount of children coming into
Mosaic Medical for the COVID19 vaccination and wondered if our Health
Services department could reach out to assist.
BOCC MEETING NOVEMBER 15, 2021 PAGE 3 OF 4
• Commissioner Adair commented on the Veterans Village and her gratitude
for everyone's contributions.
Commissioner Adair expressed disappointment in the Central Oregon Health
Council that scheduled and held a meeting last Thursday, Veteran's Day. She
questioned the scheduling on that day and hopes our community will always
acknowledge, respect, and thank our veterans.
Commissioner Adair attended a ground breaking ceremony for Sisters Coffee
Company.
EXECUTIVE SESSION: None presented
Being no further items to come before the Board, the meeting was adjourned at 1:46 p.m.
DATED this Day of 2021 for the Deschutes County Board of
Commissioners.
ANTHONY DEBONE, CHAIR
PHIL CHANG, ICE CHAIR
PATTI ADAIR, COMMISSIONER
ffi-10:14-51.0
BOCC MEETING NOVEMBER 15, 2021 PAGE 4 OF 4
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BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
1:00 PM, MONDAY, NOVEMBER 15, 2021
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.org
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. Effective June 30, 2021, COVID-based restrictions have been discontinued.
Attendance/Participation options include: A) In Person Attendance and B) 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.org7/meetings.
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment
on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an
email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input
received by 8:00 a.m. 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 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.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ACTION ITEMS
1. 1:00 pm Consideration of Chair Signature of Document No. 2021-920, Notice of Intent
to Award a contract for the Landfill Siting Consultant Services
2. 1:15 pm Review of Preliminary Work Plan - Deschutes County Dark Skies Ordinance
3. 1:45 pm Consideration of Approval of a Memorandum of Understanding with the City
of Redmond related to use of the Redmond Wetlands Complex for disposal of future
Terrebonne wastewater effluent.
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 617-4747.
November 15, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2
BOARD OF
COMMISSIONERS
MEETING DATE: Monday, November 15, 2021
SUBJECT: Review of Preliminary Work Plan - Deschutes County Dark Skies Ordinance
RECOMMENDED MOTION:
Move approval for staff to initiate an update to the County's Dark Skies Ordinance.
BACKGROUND AND POLICY IMPLICATIONS:
The Community Development Department seeks Board of County Commissioners' approval to
initiate an update to the County's Dark Skies Ordinance.
BUDGET IMPACTS:
None
ATTENDANCE:
Torik Rawlings, Associate Planner
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COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tarik Rawlings, Associate Planner
Peter Gutowsky, AICP, CDD Director
DATE: November 2, 2021
SUBJECT: Preliminary Work Plan - Deschutes County Dark Skies Ordinance
The Community Development Department (CDD) FY 2020-2021 and 2021-2022 Work Plans identify
updating the Deschutes County Outdoor and Greenhouse Lighting Control Ordinance (aka Dark Skies
Ordinance). The objective is to ensure that the unincorporated areas of Deschutes County continue to
mitigate the potential effects of light pollution by exterior lighting standards with Dark Skies best
practices and technologies. The benefits and impacts of the proposed Dark Skies ordinance are outlined
below.
CDD has prepared a preliminary work plan outlining a process to update its Dark Sky Ordinance and
seeks Board of County Commissioners (Board) input prior to initiation.
I. Background
Deschutes County's Outdoor Lighting Ordinance was adopted in 1994.' The ordinance received broad -
based support in testimony to the County Commissioners in 1994, and it continues to receive recognition
today.2 CDD produced a frequently asked questions factsheet, which is still distributed to customers.3
Ordinance 94-024 requires that:
All private and commercial outdoor lighting fixtures installed after August 10, 1994 or replacing a
fixture installed before that date 120 or brighter watt incandescent bulb (1,800 lumens) located in
the unincorporated areas must be shielded by design or modification that directs light downward,
and must limit direct line -of -sight of the fixture's lamp to the property on which the fixture is
installed.
There are exceptions:
• Motion -sensitive lights, which shine for not more than 20 minutes.
1 Ordinance 94-024. https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-
n ew/d esch u tesco u my/ordinances/documents/1620317553 1994-34738-Ordinance%20N o.%2094-
024% 20Recorded % 209 1 1994. pdf
2 https://www.darkskVdefenders.org/blog/sunriver-designated-first-international-dark-sky-place-in-oregon
3 https://www.deschutes.org/sites/default/files/fileattachments/community development/page/781/outdoor lighting fag.pdf
Decorative holiday lighting, which shines for not more than 45 days.
See the text of the ordinance for other exemptions, which apply in certain circumstances.
11. Dark Skies Purpose and Concept
The International Dark -Sky Association currently lists over 50 US jurisdictions that have been designated
as Dark Sky communities, parks, or reserves as of 2020.4 Support for the adoption of dark sky legislation
has been expressed by policymakers, designers, public safety professionals, wildlife biologists, and land
use planning entities across the country. A dark sky is one of many qualities that characterize rural areas
in Oregon and set them apart from the state's urban and suburban areas.
DCC Chapter 15.10, Outdoor Lighting Control, includes outdoor lighting criteria.' These standards are
subsequently incorporated by reference into eight (8) separate code sections within Title 18, County
Zoning. Aside from the lighting criteria included in DCC Chapter 15.10, DCC contains standalone exterior
lighting regulations within various zoning districts and combining zones (e.g. DCC Chapters 18.84,
Landscape Management Combining Zone and 18.116, Supplementary Provisions, for example).
III. Work Plan and Timeline
Below is a phased approach to updating Deschutes County's Dark Skies Ordinance, including estimated
timelines.
Phase 1:
Preliminary Research
(Ongoing -January 2022)
o Explore causes of light pollution
o Assess the benefits and impacts of dark skies best practices
o Audit Deschutes County Development Code for existing exterior lighting standards
o Review other Oregon jurisdictions' exterior lighting codes and dark skies ordinances in an
effort to gauge potential controversy or contentious elements that may arise in Deschutes
County's process
o Review jurisdictional dark skies codes and policies outside of Oregon to further identify best
practices
Dark Skies Panel
(February 2022)
o Assemble Dark Skies Panel to gauge collective concerns, feedback, and recommendations for
revising Deschutes County's Dark Skies Ordinance. Panelists could include representatives
from partner agencies, CDD divisions, as well as dark skies experts from nonprofit or similar
groups.
o Hosted by the Planning Commission
4 https://www.darksky.org/our-work/conservation/idsp/communities/
' https://deschutescounty.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15.10_OUTDOOR_LIGHTING_CONTROL
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Phase 2:
• Dark Skies Report
(March 2022)
o Draft an initial Dark Skies Report incorporating preliminary research, current Deschutes
County exterior lighting standards, best practices from other jurisdictions, and
recommendations from the Dark Skies Panel.
o Present Dark Skies Report to the Planning Commission and Board
o Receive Planning Commission input and Board direction to initiate legislative amendments
Phase 3:
• Legislative Amendments
(April - August 2022)
o Initiate Text Amendments to DCC.
o Planning Commission work session and public hearing
o Board work session and public hearing
o Consideration of an ordinance for adoption
IV. Next Steps
As noted above, staff seeks Board feedback and direction on the preliminary work plan outlined above
including any recommendations for panel representatives, timeline goals, or individual phases or steps
within the outlined process.
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