2022-320-Minutes for Meeting August 15,2022 Recorded 9/6/2022Recorded in Deschutes County CJ2022-320
Steve Dennison, County Clerk 0
Commissioners' Journal 9/06/2022 4:54:18 PM
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BOARD OF yC�„Atis �pG�
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
•
1:00 PM
MONDAY August 15, 2022
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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, and David Doyle, County Counsel.
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 Adair called the meeting to order at 1:00 p.m.
PLEDGE OF ALLEGIANCE
ACTION ITEMS:
1. Discussion Regarding Oregon Department of Transportation (ODOT)
Noise Variance
Principal Planner Anthony Raguine presented advanced notification of a
request from ODOT for a noise variance from September 19-23, 2022
between the hours of 10:00 p.m. and 7:00 a.m. A public hearing will be held
on August 24, 2022 to further discuss this request. Commissioner DeBone
appreciated the advanced notice of the upcoming public hearing.
Commissioner Chang requested clarification regarding the extent of the
project by ODOT.
BOCC MEETING AUGUST 15, 2022 PAGE 1 OF 3
2. Review of the State of the County Presentation
Deputy County Administrator Whitney Hale presented a draft State of the
County presentation and highlighted changes that have been made since the
last draft. Discussion was held regarding content and logistics of the
presentation.
OTHER ITEMS:
• Commissioner DeBone discussed a ride -along he did on Friday with parole
officers. He recognized the work done by the County's Community Justice
Department. He also attended Justice Court this morning to see the work
that Judge Fadeley has been doing on behalf of the County.
• Commissioner Adair inquired about the amount that parents paid to stay
overnight at the fairgrounds with their children who were participating in the
4-H program.
• Commissioner Chang recognized the unfortunate loss of a firefighter in
central Oregon last week while fighting a fire near Crescent Lake. He also
highlighted the recent success by firefighters to rapidly suppress fire starts.
Commissioner Chang further discussed the reduction in prescribed burns
this past spring due to increased state and federal restrictions. He met
Friday with State representatives to discuss the prescribed fire limitations
and a possible pilot program to allow prescribed fires with more reasonable
restrictions this upcoming spring.
EXECUTIVE SESSION:
At the time of 1:59 p.m. the Board went into Executive Session under ORS 192.660
(2) (a) Real Property Negotiations. The Board came out of Executive Session at 2:06
p.m. to direct staff to proceed as directed.
BOCC MEETING AUGUST 15, 2022 PAGE 2 OF 3
At the time of 2:06 p.m. the Board went back into Executive Session under ORS
192.660 (2) (e) Real Property Negotiations. The Board came out of Executive
Session at 2:28 p.m. to direct staff to proceed as directed.
At the time of 2:28 p.m. the Board went back into Executive Session under ORS
192.660 (2) (e) Real Property Negotiations. The Board came out of Executive
Session at 2:33 p.m. advising that they are still moving forward as previously
directed.
At the time of 2:33 p.m. the Board went into Executive Session under ORS 192.660
(2) (a) Consideration of Employment. The Board came out of Executive Session at
3:01 p.m. to direct staff to proceed as directed.
ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 3:02 p.m.
DATED this 31 Day of _ u 3 2022 for the Deschutes County Board of Commissioners.
J
ANTHONY DEDONE, VICE CHAIR
COB ISSIONER
BOCC MEETING AUGUST 15, 2022 PAGE 3 OF 3
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BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS
1:00 PM, MONDAY, AUGUST 15, 2022
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.org
AGENDA
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 A 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 Discussion Regarding Oregon Department of Transportation (ODOT) Noise
Variance
2. 1:30 PM Review of the State of the County Presentation
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.
3. Executive Session under ORS 192.660 (2) (a) Consideration of Employment
4. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
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.
August 15, 2022 BOARD OF COUNTY COMMISSIONERS Page 2 of 2
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BOAR® OF
COMMISSIONERS
MEETING DATE: August 15, 2022
SUBJECT: Board Work Session on Oregon Department of Transportation (ODOT) Noise
Variance
BACKGROUND AND POLICY IMPLICATIONS:
The applicant requests approval of a noise permit to allow nighttime geotechnical drilling for
proposed interchange retaining walls. The project will include:
1. Pavement coring;
2. Geotechnical drilling using a CME 75 Drill Rig; and
3. Soil sampling using an auto hammer and SPT sampler
Proposed location of work is on US Highway 97 from milepost (MP) 115.3 to MP 115.6, within
the Unincorporated Community of Terrebonne, (see attached Location Map). Construction
activities are expected to begin September 19, 2022, with a completion date of September
23, 2022. Construction is anticipated to begin at the south end of the project limits and
proceed north towards the intersection of US 97 and Lower Bridge Way. Nighttime
construction will occur from 10:00 p.m. to 7:00 a.m.
A public hearing will be conducted on August 24, 2022, for the proposed noise variance.
Information on this public hearing can be found at:
https•//www deschutes.org/cd/page/247-22-000555-v-odot-noise-variance
BUDGET IMPACTS:
None
ATTENDANCE:
Rachel Vickers, Associate Planner
LEGEND
B-01 � 0 100 200
Designation and Approximate Location of Boring it US97: Lower Bridge Way -
INP-01 ® Designation and Approximate Location of Scale in Feet NW 10th St. (Terrebonne) Sec.
Infiltration Test no h..to. r, ,... f,, nr—nn
A A'
Location and Designation Interpretive
Subsurface Profile or Cross
Section
— Proposed Retaining Wall
B-17 Alk Designation and Location of Proposed Boring
NOTES
1. Aerial imagery downloaded from ProjectWise on June
1, 2020.
2. Base map, including locations of B-01 through B-16,
from drawing S_K21162_e_bas_01.dgn, downloaded
from ProjectWise on June 1, 2020.
3. Proposed features from files downloaded from
ProjectWise on March 8, 2022.
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOISE PERMIT
PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08
LOCATION: US Highway 97 from milepost (MP) 115.3 to MP 115.6, within the Unincorporated
Community of Terrebonne, (see attached Location Map).
FILE NUMBER: 247-22-000555-V
OWNER: Oregon Department of Transportation (ODOT)
PHONE: (541) 388-6180
PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime
geotechnical drilling for proposed interchange retaining walls. The project will include:
1. Pavement coring;
2. Geotechnical drilling using a CME 75 Drill Rig; and
3. Soil sampling using an auto hammer and SPT sampler
DATES AND TIMES OF PROJECT: Construction activities are expected to begin September 19, 2022,
with a completion date of September 23, 2022. Construction is anticipated to begin at the south
end of the project limits and proceed north towards the intersection of US 97 and Lower Bridge
Way. Nighttime construction will occur from 10:00 p.m. to 7:00 a.m.
FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for
granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases
the findings on evidence in the record and testimony at the hearing. These findings include:
1. A need to increase safety and reduce crash rates by separating US 97 and Lower Bridge
Way;
2. Improve safety for workers by completing work during periods of lowest traffic volume; and
3. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays,
decrease the risk of construction related accidents on US Highway 97, and comply with
freight mobility agreements.
PAGE 1 of 2- DOCUMENT No. 2022-690
CONDITIONS OF APPROVAL:
1. Construction activities may be conducted beginning September 19, 2022.
2. Fifteen days prior to commencing any construction activities, the Owner shall notify all
property owners who testified at the public hearing for this permit of the dates and times
the construction activities will occur.
3. This permit expires September 23, 2022.
4. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE PROJECT IS COMPLETE.
5. BYACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH COUNTY
CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE PREMISES
FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND
ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.08, AND ANY
OTHER APPLICABLE LAWS OR ORDINANCES.
Dated this of , 2022 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Exhibit A: Location Map
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHIL CHANG, Commissioner
PAGE 2 OF 2- DOCUMENT No. 2022-690