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2022-138-Minutes for Meeting March 07,2022 Recorded 4/15/2022$2� IBOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County C J2022_138 Steve Dennison, County Clerk Commissioners' Journal 04/15/2022 9:30:37 AM O'�`1` FS C�G� II I I I II II III) I I I � II II II I II I I III 2022-138 FOR RECORDING STAMP ONLY 1:00/PM MONDAY March 7, 2022 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 Carol Martin, BOCC Administrative 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/meeUngs CALL TO ORDER: Chair Adair called the meeting to order at 1:00 p.m. PLEDGE OF ALLEGIANCE ACTION ITEMS: 1. Consideration of Board Signature of Order No. 2022-015. Amending Franchised Solid Waste Collection Rates Solid Waste Director Chad Centola reviewed the process of amending the Franchise Solid Waste Collection Rates and was returning to the Board with options for consideration and a request for Signature on Order No. 2022-015. BOCC MEETING MARCH 7, 2022 PAGE 1 OF 10 Following discussion the Order was approved for just Sunriver along with amended wording on the Exhibits. Mr. Centola will move forward with trying to get some input from the community through a press release with the details of the original proposal (subscription yard debris @ $7/month and universal glass/comingle at $4.25/month) and revisit that with the Board at a later date. DEBONE: Move approval of Board Order 2022-015 with support for Sunriver service changes: Option 1 as noted in the Staff Report. CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion carried. Commissioner DeBone would like to see the Distant Rural Zone map and understand the density there and services and pattern. To do the Subscription piece today, can make a motion CHANG: Move approval of Subscription Service for Yard Waste pickup in the new Rural Zone for Cascade Disposal. No Second. Mr. Centola would need to modify the order to change Exhibits B and C to meet these changes. DEBONE: Make a motion to update the Order for a future meeting of a yard waste subscription service. CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion carried. Mr. Centola will work to provide a more expanded public outreach to include a press release and will bring it back to the Board as an add on item on Wednesday 9 March. BOCC MEETING MARCH 7, 2022 PAGE 2 OF 10 2. Consideration of Document No. 2022-121, a Notice of Intent to Award Contract for the Supplying and Delivery of Striping Paint 2022. Cody Smith, Road Department, briefed on the background and the bids received. He noted this is approximately a 22% increase against last year's costs. The bid can be renewed for up to two years should the price remain the stable. CHANG: Move approval of Document No. 2022-121. DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion carried. Mr. Smith also briefed on the width of stripping and the use by autonomous vehicles which is still under consideration. 3. Consideration of Document No. 2022-120, a Notice of Intent to Award Contract for the Supplying and Delivery of Asphalt Oil for Chip Seal 2022 Cody Smith, Road Department, briefed on the background and the single bid received and was approximately 25% increase over the previous contract which was for three years and awarded in 2019. The contract is renewable through 2024. DEBONE: CHANG: VOTE: Move approval of Document No. 2022-120 Second CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion carried. BOCC MEETING MARCH 7, 2022 PAGE 3 OF 10 4. Consideration of Document No. 2022-086, an Intergovernmental Agreement with the Oregon Department of Transportation for the Us20 at Tumalo Multi -Use Trail Project Cody Smith, Road Department, briefed on a proposed Multi -Use Trail Project in Tumalo. This has been delayed due to lack of funds until now, but with new funding can now be included with the roundabout project. ODOT will design and deliver the project. It will become part of the State Scenic Bike Route. Anticipate construction complete by the end of 2023. CHANG: Move approval of Document No. 2022-086 DEBONE: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion carried. g. Facilities Department = staffing Request Consideration Lee Randall, Facilities Director, briefed on the background of the request to add a Maintenance Specialist II to the County's Facilities Department. Commissioner DeBone asked if there was clarity from the Legislature for the Courthouse Project funding. In answer, Whitney Hale, Deputy County Administrator, confirmed this was now awaiting sign off. DEBONE: Was supportive of adding a Maintenance Specialist II to the County's Facilities Department. CHANG: Was also supportive of this request. ADAIR: Chair also supported the Staffing request. (They did not vote or move approval of the item, just gave their support to the item.) 6. Discussion and review of Draft FY 2023 County Goals and Objectives Whitney Hale, Administrative Services, briefed on the Draft Goals and Objectives, having made adjustments as noted during a prior presentation. BOCC MEETING MARCH 7, 2022 PAGE 4 OF 10 CHANG: Move approval of FY 2023 Goals and Objectives for Deschutes County as outlined in the document. DEBONE: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion carried. 7. Consideration of Board Order 2022-016; decision whether to hear an appeal of the Hearings Officer's approval of an application to establish a wireless telecommunications facility Anthony Raguine, Principal Planner, briefed on whether the Board should consider hearing an appeal on an application by AT&T to establish a wireless telecommunications (tower) facility. The facility will be located within the Highway 20 right-of-way area and the appeal was filed by Mr. Gary Sherman. Commissioner DeBone disclosed he was a participant in the Statewide Executive Communications Committee and that AT&T is a cellphone provider that currently provides FirstNet which is emergency communications across the country and he has recently been in a meeting where this was probably one of the dots on a map that was proposed. Mr. Sherman's property is the one shown on the map south of the proposed location. In answer to a question from Commissioner Chang, Mr. Raguine confirmed he had not previously seen one of these applications so this is a very uncommon occurrence. To his knowledge this is a unique set of circumstances in that it is in an ODOT right-of-way. He confirmed that they are normally in another use zone. In the majority they will have a land use application for each. He briefed that there are two broad categories, where provisions of the Landscape Management combining zone apply. New structures or exterior alternations to existing structures which require a building permit or all agricultural structures. In the Oregon State Specialty Code (OSSC) facilities in a public right of way do not require a building permit. As such this does not require a building permit and therefore the sections in the LM combining zone do not apply. Therefore there is nothing in the Code to cover this structure. Adam Smith, Assistant Legal Counsel, also briefed on the item, noting the shot- BOCC MEETING MARCH 7, 2022 PAGE 5 OF 10 clock deadlines and if there were compelling policy issues that are impacting the county as a whole that the Board wants to engage in. Commissioner Adair asked if AT&T had plans for other facilities where they have right of way, were they looking at those as well. Staff were not aware of any at this time. The possibility of siting it on Federal Land was also discussed. In staffs opinion this would almost certainly go to the Land Use Board of Appeals (LUBA) if it is denied here. Mr. Smith briefed on deference that LUBA may take. All Commissioners were reluctant but with the tight timing they took a vote. Staff noted that they could revisit the code to make future decisions with regard to these sorts of applications should the Commissioners wish, it would not be retroactive. DEBONE: Move signature of Board Order 2022-016 declining to hear the appeal. CHANG: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion carried. 8. Thornburgh Destination Resort, Board Consideration on whether to hear appeal nos. 247-22-000174-A and 247-22-000175-A Caroline House, Senior Planner, briefed on the two appeals before the Board. She gave background on the current site planning and appeals previously heard. In summary, the Final Master Plan will include: total area of 1,970 acres, up to 950 dwelling units, 50 unit hotel, 425 residential overnight lodging units (OLUs), resort facilities, community facilities, three golf courses and 1,293 acres of open space which includes the golf courses. There will be 7 phases to the build. She briefed closely on the appeal. In answer to a question from Commissioner Chang, Ms. House gave clarification on water mitigation requirements. She noted that there were no changes to that proposed in the plan and none currently requested. Assistant Legal Counsel Adam Smith also briefed on procedure and what could and could not be discussed and agreed during the meeting. Commissioner Chang noted that this was not a new decision to approve or deny a new project. This is specifically a question of mitigation requirements. Ms. House also briefed on details of this Hearing and what was BOCC MEETING MARCH 7, 2022 PAGE 6 OF 10 being discussed today. Will Groves, Planning Manager, clarified the decision by the Hearings Officer. Mr. Smith clarified deference in this case. DEBONE: Move signature of Board Order 2021-011 denying review of the Hearings Officer Decision in File Nos. 247-21-000637-TP and 247-21-000948-A. CHANG: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried. The Board discussed the second Hearings Officer Decision. CHANG: Move signature of Board Order 2022-012 denying review of the Hearings Officer Decision in File Nos. 247-21-000537-SP and 247-21-001009-A. DEBONE: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried. OTHER ITEMS: Peter Gutowsky, Director Community Development, briefed the Board on two Planning Commission positions. The first, Jessica Kieras, the current Chair, to a second consecutive four-year term to June 30, 2026. The second was to discuss the candidates the Board interviewed for the second open at -large position, which was to complete an existing term to June 30, 2024. CHANG: Move re -appointment of Jessica Kieras, to a second four-year term on the Planning Commission. DEBONE: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried. BOCC MEETING MARCH 7, 2022 PAGE 7 OF 10 The Board discussed the three that had been shortlisted following interviews. It is a big role and we are growing our community at present. All three candidates were excellent applicants. The Planning Commission is also currently recruiting for a Sisters representative. The Board thanked all those serving on the Commission, the time they give and the important role they play. DEBONE: Move Appointment of Nathan Hovekamp, to a two-year term on the Planning Commission. ADAIR: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried. • Commissioner DeBone briefed on his visit to the Shepherd's House Open House in Redmond on Friday, March 4, 2022. • Commissioner Adair briefed on the Eastern Oregon Meeting on March 7, 2022. Commissioner Chang briefed on habitat conservation for Sage Grouse. • Commissioner Chang briefed on an item from the news about Stan Thomas whose wife passed away following vaccination against COVID19 and had been denied assistance as she was not qualified for Federal Assistance from FEMA. He would like to explore if we could assist with funeral costs assistance. Staff will contact Mr. Thomas to see what help can be given and also if ARPA funding or other funding may be available to help him. Mr. Lelack will review and bring back to the Board for further evaluation. • Nathan Garibay from the Sheriff's Office, briefed the Board on the formation of the Lower Bridge Rangeland Fire Protection Association (RFPA). They are in need of Board of County Commissioners support as part of the application. There was strong community support to form the Association. An RFPA would respond to wildland fire in this area. Mr. Garibay will send relevant information on the area it will cover and the names of those involved. BOCC MEETING MARCH 7, 2022 PAGE 8 OF 10 CHANG: Move authorization of Board Signature on the letter in support of formation of the Lower Bridge Rangeland Fire Protection Association. DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion carried. Mr. Lelack briefed the Board on a draft letter he had prepared for them to La Pine Rural Fire Protection District which was in response to one they sent requesting Board support to permanently ban personal fireworks retail sale and use within Deschutes County. CHANG: Move approval of Board Signature on the letter to La Pine Rural Fire Protection District. DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion carried. Mr. Lelack noted that he will schedule the consideration of imposing a seasonal ban in unincorporated areas for summer 2002, at a future Board meeting. ® Commissioner DeBone briefed on the Core 3 quarterly meeting held on March 7, 2022. EXECUTIVE SESSION: At the time of 3:45 p.m. the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 4:24 p.m. The Executive Session under ORS 192.660 (2) (f) Records Exempt will be rescheduled to Wednesday, March 16, 2022. BOCC MEETING MARCH 7, 2022 PAGE 9 OF 10 Being no further items to come before the Board, the meeting was adjourned at 4:25 pm. DATED this C Day of 2022 for the Deschutes County Board of Commissioners. l PATTI ADAIR, CHAIR ANTHONY DEBONE, VICE CHAIR HIL CHAN, COMMISSIONER RECORDING SECRETARY a i BOCC MEETING MARCH 7, 2022 PAGE 10 OF 10