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2022-156-Minutes for Meeting April 06,2022 Recorded 4/22/20221300 NW Wal BOARD OF COMMISSIONERS I Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County C J2022_156 Steve Dennison, County Clerk Commissioners' Journal 04/22/2022 11:46:10 AM FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 9:00 AM WEDNESDAY, April 6 2022 Barnes Sawyer & VIRTUAL MEETING PLATFORM Present were Commissioners Anthony DeBone and Phil Chang. Commissioner Patti Adair was excused/absent. Also present were Nick Lelack, County Administrator; Dave Doyle, County Legal Counsel; and Sharon Keith, Board 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: Acting Chair DeBone called the meeting to order at 9:01 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner DeBone reported Commissioner Adair was absent today as she is participating in the Connect Oregon meeting. Commissioner DeBone acknowledged three emails received through Citizen Input in opposition of Worrell Park and he recommended an open house to review the proposed design plans. Another email was submitted regarding transparency. BOCC MEETING APRIL 6, 2022 PAGE 1 OF 4 CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. Commissioner DeBone requested to pull Item #8 for further review. CHANG: Move approval of Consent Agenda, minus Item #8 DEBONE: Second Discussion: Commissioner DeBone acknowledged the Noxious Weed Board and thanked them for the work that they do. VOTE: CHANG: Yes DEBONE: Acting Chair votes yes. Motion Carried ADAIR: Absent/excused 1. Consideration of Document No. 2022-271, an Intergovernmental Agreement with the Oregon Department of Transportation; and Document No. 2022-272, a Donation Deed 2. Consideration of Purchase Agreement, Document No. 2022-281, and Dedication Deed, Document No. 2022-282, from Karen Ann Cameron for Right of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project 3. Consideration of Purchase Agreement, Document No. 2022-296, and Dedication Deed, Document No. 2022-297, from the Albitz and Benjamin Trust for Right of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project 4. Consideration of Board Signature of Document No. 2022-308, Amendment to Contract with Taylor Northwest LLC for the production of drainage aggregate for Cell 9 construction at Knott Landfill 5. Consideration of Board Signature on Letter of Reappointment to Sarah Canham, and Letter of Thanks to Autumn Loewen and Jeff Amaral, for service on the Noxious Weed Advisory Board 6. Consideration of Board Signature on Letters of Appointment to Jeff Puller and Cody Meredith, and Letters of Thanks to Ken Kehmna and Jeremy Ast, for service on the Ambulance Service Area Advisory Committee 7. Consideration of Board Signature on Letter of Reappointment to Rosemary Norton, and Letter of Thanks to Nora Ellison, for service on the Black Butte Ranch County Service District Budget Committee 8. Consideration of Board Signature on Letter of Appointment for Carol Bauer to the Newberry Estates Special Road District BOCC MEETING APRIL 6, 2022 PAGE 2 OF 4 9. Approval of Minutes of the March 7, 2022 BOCC Meeting 10.Approval of Minutes of the March 9, 2022 BOCC Meeting 11.Approval of Minutes of the March 16, 2022 BOCC Meeting 12.Approval of Minutes of the March 28, 2022 BOCC Meeting ACTION ITEMS: 13.First Reading: Ordinance No. 2022-003 and Ordinance No. 2022-004, Dave Swisher Plan Amendment/Zone Change Associate Planner Kyle Collins presented the Ordinances for consideration of first reading. CHANG: Move approval of Ordinance No. 2022-003 and Ordinance No. 2022- 004, first reading by title only DEBONE: Second VOTE: CHANG: Yes DEBONE: Acting Chair votes yes. Motion Carried ADAIR: Absent/excused Commissioner DeBone read the Ordinance No. 2022-003 into the record by title only. Commissioner DeBone read the Ordinance No. 2022-004 into the record by title only. Commissioner Chang commented on undeveloped lands that are not recognized through state land use and expressed interest in helping state reconsider the land use planning system. Commissioner DeBone provided comment on open spaces and undisturbed areas that provide balance. BOCC MEETING APRIL 6, 2022 PAGE 3 OF 4 OTHER ITEMS: • Commissioner DeBone requested a slight revision to the March 7, 2022 BOCC meeting minutes to reflect that he attended the Shepherd House opening in Redmond. • Commissioner DeBone participated in interviews for the Solid Waste Advisory Committee citizens at large positions and recommendations will be coming EXECUTIVE SESSION: At the time of 9:15 a.m. the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 10:38 a.m. to direct staff to proceed as discussed. ADJOURN: Being no business brought before the Commissioners, the meeting was adjourned at 10:38 a.m. DATED this DO Day of 6 2022 for the Deschutes County Board of Commissioners. RECORDING SECRETARY PATTI ADAIR, CHAIR ANTHONY DEBONE, VICE CHAIR PHIL CHANG, COMMISSIONER BOCC MEETING APRIL 6, 2022 PAGE 4 OF 4 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, APRIL 06, 2022 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 I www.deschutes.org MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that public meetings be accessible remotely, effective on January 1, 2022, with the exception of executive sessions. Public bodies must provide the public an opportunity to access and attend public meetings by phone, video, or other virtual means. Additionally, when in -person testimony, either oral or written is allowed at the meeting, then testimony must also be allowed electronically via, phone, video, email, or other electronic/virtual means. Attendance/Participation options are described above. 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 by noon on Tuesday will be included in the Citizen Input meeting record for topics that are not included on the Wednesday agenda. 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 CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, 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 noon on Tuesday in order to be included in the meeting record. CONSENT AGENDA 1. Consideration of Document No. 2022-271, an Intergovernmental Agreement with the Oregon Department of Transportation; and Document No. 2022-272, a Donation Deed 2. Consideration of Purchase Agreement, Document No. 2022-281, and Dedication Deed, Document No. 2022-282, from Karen Ann Cameron for Right of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project 3. Consideration of Purchase Agreement, Document No. 2022-296, and Dedication Deed, Document No. 2022-297, from the Albitz and Benjamin Trust for Right of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project 4. Consideration of Board Signature of Document No. 2022-308, Amendment to Contract with Taylor Northwest, LLC for the production of drainage aggregate for Cell 9 construction at Knott Landfill 5. Consideration of Board Signature on Letter of Reappointment to Sarah Canham, and Letter of Thanks to Autumn Loewen and Jeff Amaral, for service on the Noxious Weed Advisory Board. 6. Consideration of Board Signature on Letters of Appointment to Jeff Puller and Cody Meredith, and Letters of Thanks to Ken Kehmna and Jeremy Ast, for service on the Ambulance Service Area Advisory Committee. 7. Consideration of Board Signature on Letter of Reappointment to Rosemary Norton, and Letter of Thanks to Nora Ellison, for service on the Black Butte Ranch County Service District Budget Committee. 8. Consideration of Board Signature on Letter of Appointment for Carol Bauer to the Newberry Estates Special Road District. 9. Approval of Minutes of the March 7, 2022, BOCC meeting. 10. Approval of Minutes of the March 9, 2022 BOCC Meeting April 06, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 11. Approval of Minutes of the March 16, 2022 BOCC Meeting 12. Approval of Minutes of the March 28, 2022 BOCC Meeting ACTION ITEMS 13. 9:05 AM 1st Reading: Ordinance 2022-003 and Ordinance 2022-004 - Dave Swisher Plan Amendment/Zone Change LUNCH RECESS OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. 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. 14. Executive Session under ORS 192.660 (2) (e) Real Property 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. April 06, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 Sharon Keith From: Sent: To: Subject: Monte Dammarell <kmriverhaus@gmail.com> Saturday, April 2, 2022 10:04 AM citizeninput; Board Commissioner Adair and Johnny Enlow Some people who received this message don't often get email from kmriverhaus@gmail.com. Learn why this is important [EXTERNAL EMAIL] The Bulletin recently reported that Deschutes County Commissioner Patti Adair joined Marc Thielman, the Republican gubernatorial candidate who has a history of refusing to enforce the state's COVID-19 mandate, at a Bend church event where Johnny Enlow, a nationally known pastor supporting the discredited QAnon conspiracy as well as Seven Mountains Dominionism was the keynote speaker. Commissioner Adair said she "had no idea who Enlow was, or his beliefs in QAnon and Seven Mountains Dominionism". The board of commissioners acts as the governing body for the county, various service district's councils and committees, It is responsible for county administration, management, and policy. Their decisions affect each resident of Deschutes County. Public service is a public trust. As Thomas Jefferson said regarding the basic principle of public service, "when one assumes a public trust, one should consider him/herself as public property", If Commissioner Adair "had no idea" about the event she was attending, we can only wonder what other topics have not received her full review and understanding prior to receiving her vote. Public officials are just that, public. All actions and activities must be transparent. Sincerely, Kathy Dammarell Bend i Sharon Keith From: Sent: To: Subject: J.J. Frye <fryejj42@gmail.com> Sunday, April 3, 2022 7:20 AM citizeninput Worrell park Some people who received this message don't often get email from fryejj42@gmail.com. Learn why this is important [EXTERNAL EMAIL] For the number of parking spots that would be made for the huge sum of money, leave the park and use that money on a parking garage where the parking area to the north of the county offices. Worrell park is unique. Leave it as it is. I know a lot of people think a park has to have acres of grass and water features. It is a slice of Central Oregon as it was: Our past is being destroyed. John Frye i Sharon Keith From: Sent: To: Subject: Cathy Jensen <cathysjensen@gmail:com> Sunday, April 3, 2022 6:37 PM citizeninpuf Worrell Park Some people who received this message don't often get email from cathysjensen@gmail,com. Learn why this is important [EXTERNAL EMAIL] Please don't destroy this beautiful little reminder of what once was in our city. Let's encourage an appreciation of this oasis and find ways to accommodate parking that don't erase forever this lovely spot, Cathy Jensen 21700 Neff Rd. Bend, OPR 97701 1 Sharon Keith To: Subject: Do Not Reply RE: ShoreTel voice message from WIRELESS CALLER, +15413505065 for mailbox 1734_. Voice message received on Citizen Input line from Helen Baron 1810 NE 6th Street Redmond and expressed her concern for the destruction of Worrell Park and her request to keep the park as is. Original Message From: Do. Not Reply <DoNotReply@deschutes.org> Sent: Thursday, March 31, 2022 3:21 PM To: citizeninput <citizeninput@deschutes.org> Subject: ShoreTel voice message from WIRELESS CALLER, +15413505065 for mailbox 1734 You have received a voice mail message from WIRELESS CALLER, + 15413505065 for mailbox 1734. Message length is 00:00:56. Message size is 441 KB. 1