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2007-1518-Minutes for Meeting August 29,2007 Recorded 9/24/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS C L00~•i516 COMMISSIONERS' JOURNAL 09/24/2007 02:20:10 PM IIIIIIII IIIIIIIIIIIIIIIIIII I III 2007-is38 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, AUGUST 29, 2007 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Dave Kanner, County Administrator; Laurie Craghead, Legal Counsel; Tom Blust and George Kolb, Road Department; Dan Peddycord, Health Department; Kathy Drew, Mental Health Department; Hillary Saraceno and Debi Harr, Commission on Children & Families; Timm Schimke, Solid Waste Department; Tom Anderson, Catherine Morrow and Kristen Maze, Community Development; Doug Seator, Sunriver Service District; and over 100 other citizens. No representatives of the media appeared to be in attendance. Chair Daly opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of Document No. 2007- 438, a Special Use Permit from the Department of Agriculture for Siting a Sand Shed and Equipment Storage Building on Forest Service Land. Tom Blust said the shed would be located off Spring River Road, and requires a special use permit that is good for ten years, with possible renewals. The County will go out to bid for construction of the building. LUKE: Move approval. BANEY: Second. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 1 of 19 Pages VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 3. Before the Board was Consideration of Signature of Document No. 2007- 443, an Intergovernmental Agreement with the Oregon Department of Human Services regarding the AmeriCorps HOPE (Healthy Options through Prevention and Education) 2007-08 Host Site Agreement. Dan Peddycord gave a brief overview of the item. LUKE: Move approval of items # 17 through #21. BANEY: Second. VOTE: BANEY LUKE: DALY: Yes. Yes. Chair votes yes. 4. Before the Board was Consideration of Signature of Document No. 2007- 436, an Intergovernmental Agreement to Provide Lifespan Respite Program Services in Harney County. Kathy Drew explained that Harney County could not have this program at all if not for this intergovernmental agreement. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 5. Before the Board was Consideration of Signature of Document No. 2007- 445, the 2007-09 Oregon Commission on Children & Families Healthy Start Medicaid and Partnership Agreement. Hillary Saraceno stated that this involves an intergovernmental agreement, a partnership agreement and a subgrant. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 2 of 19 Pages LUKE: Move approval, subject to legal review. BANEY: Second. VOTE: BANEY: LUKE: DALY: Yes. Yes. Chair votes yes. 6. Before the Board was Consideration of Signature of Document No. 2007- 446, a Provider Agreement for Ready*Set*Go Program Services. Debi Harr briefly explained the program. LUKE: Move approval of items #6, 7 and 8. BANEY: Second. VOTE: BANEY: LUKE: DALY: Yes. Yes. Chair votes yes. 7. Before the Board was Consideration of Signature of Document No. 2007- 447, a Provider Agreement for the MountainStar Relief Nursery Program. 8. Before the Board was Consideration of Signature of Document No. 2007- 448, a Provider Agreement with COBRA (the Central Oregon Battering and Rape Alliance) - Mary's Place. 9. Before the Board was Consideration of Chair Signature of Document No. 2007-440, a Notice of Intent to Award Contract Letter for Knott Landfill North Area Development Landscape Construction. Timm Schimke stated that this is a resolicitation since last year for this work. The new bids resulted in a savings of about $75,000. LUKE: Move approval of Chair signature. BANEY: Second. VOTE: BANEY: LUKE: DALY: Yes. Yes. Chair votes yes. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 3 of 19 Pages 10. Before the Board was Consideration of Signature of Document No. 2007- 424, an Agreement with the U. S. Department of Agriculture regarding Wildlife Services. Mr. Schimke explained that this agreement addresses general wildlife services, including bird issues at the landfill and other wildlife situations in the County. Commissioner Luke added that the person is available to speak with citizens about how to address wildlife problems. BANEY: Move approval. LUKE: Second. VOTE: BANEY: LUKE: DALY: Yes. Yes. Chair votes yes. 11. Before the Board was Consideration of Signature of Resolution No. 2007- 123, Setting a Date for the Implementation of a Landfill Tipping Fee Increase. Dave Kanner explained that a $5 per ton increase was included in the Fiscal Year 2007-08 budget; the funds were to go to the Road Department overlay project fund. The increase would cost a household approximately 15 cents per month. The Board decided to not institute the increase until the haulers had adequate time to notify their customers, and to honor a notice requirement in a previous agreement with the City of Redmond. There is a direct connection between the landfill and the roads, as the garbage got there via roads. Also, the cost is spread evenly to all users, including commercial and industrial. As a result of discussions, an agreement has been reached that October 1 would be a suitable date to begin the increase. The City of Redmond Council unanimously agreed that October 1 would be appropriate. Deschutes County has lost about 22% of its funding for road projects due to cuts in federal programs. This results in about a $3 million loss, and various strategies are being pursued to decide how to fill this void. Commissioner Luke added that the revenue from gas tax from the State has been declining and it has been hard to maintain the road infrastructure. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 4 of 19 Pages Commissioner Baney stated that there are many things to examine, including an SDC, and she'd like to see a whole package put together on how to address this issue. LUKE: Move approval of the Order, with the tipping fee increase beginning on October 1, 2007. DALY: Second. VOTE: BANEY: LUKE: DALY: No. (Split vote.) Yes. Chair votes yes. 12. Before the Board was a Public Hearing regarding Document No. 2007-365, a Request to Revise the Existing Noise Permit for Construction of the Bend Municipal Airport Runway. Chair Daly opened the public hearing. Kristen Maze gave an overview of the item, which is not a land use application but a permit is required. This is a modification of the application from Knife River, asking for additional hours of operation of construction equipment at Bend Airport. Also, a lawsuit has been filed by Professional Air (not against the County) to extend airport operating hours. Laurie Craghead explained the manner in which the hearing would take place, and that at its conclusion the Board could continue the hearing, leave the record open only for written testimony, or close the hearing. The applicant is Knife River, on behalf of the City of Bend. Mr. Craghead explained this is a quasi-judicial hearing, and asked if the Commissioners had any pre-hearing bias, ex parte contact, personal interest or conflict of interest in this issue. Commissioner Baney said she called the FAA to find out what their jurisdiction is in this issue, and they gave her examples of this type of situation. This will not affect her ability to be objective, but did provide valuable information. She also attended a community meeting last week on this issue and heard from a lot of business owners and the public. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 5 of 19 Pages Commissioner Luke stated he has received various letters and e-mails. Commissioner Daly said he did have a private conversation with Hap Taylor and a phone conversation with someone from Epic Air, and Mr. Kelly, who is an opponent. He added that everyone has a stake in this, and it will cost everyone money no matter what they do. No challenges were voiced by the public. The meeting was opened for testimony. Hap Taylor of Knife River, the applicant on behalf of the City of Bend, explained that about a week ago they shut the airport down from 4 p.m. to 9 p.m. Hammering was allowed from 4 p.m. to 10 p.m. John Russell of the City of Bend said that the hours are now 4 p.m. to 9 p.m. during the week. Mr. Taylor stated that his crew can't work on 3/4 of the runway with this type of situation. Commissioner Baney asked if blasting is an option. Mr. Taylor replied that they have blasted out about as much as they can. Hammering is in smaller sections as needed. Commissioner Luke asked Mr. Russell why the City chose not to close the airport a sufficient amount of time to allow for this work. Public works projects inconvenience people. Mr. Russell replied that they were trying to keep existing businesses as whole as possible, but there are conflicting needs. Commissioner Luke said that it is now an inconvenience for a longer period of time. If the contractor could concentrate on getting the job done, it would be over. (Chatter from audience) Commissioner Luke added that the City is handcuffing the contractor and trying to blame the County for this situation. He asked when the last time the City was allowed a contractor to work 24/7 in a residential area; they don't. It takes a very special permit to do this as the City does not usually allow it. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 6 of 19 Pages Commissioner Baney said there is a menu of options. Other airports must have run into this situation. It costs time and money to deal with the FAA. She said she realizes they are asking for four weeks; she asked if this time frame could be shorter with other options. She asked how long it would take if two hours are added. Mr. Taylor stated that there are three trenches the full length of the runway. It is known that there is rock, especially in the north end. If they can only hammer until 10 p.m., digging has to stop when they hit rock. If there are any further delays, they won't be able to pave this year. Commissioner Luke asked if the runway was closed at noon, could the work be done on time. Mr. Taylor said possibly, but that is a much bigger negative impact to the airport. He is trying to work with them. He does have some real safety concerns, such as the incident where a pilot tried to take off with half of the runway closed. If there is another incident, he is done. The airport needs to be safe. Commissioner Baney asked how a runway can be paved without closing it. Mr. Taylor replied that it is a different runway. They will have to connect during the day in October, and it may take a week. Morgan Cantrell, a long time resident, said he has known Hap Taylor for years. He lives as a neighbor to the airport less than a mile away for 30 years. He asked how many people have complained about the noise, and what their relationship is with the airport. He was asked to sign a petition to shut the airport down, and he would not sign. He doesn't want the project stopped, as it is an asset to the area. There are a lot of people working out there. He doesn't think a few people's complaints and inconvenience should override what is good for the community. (Audience applause.) Commissioner Daly said he did not know how many people have complained. Four testified at the last hearing, and more may do so today. He asked for the audience to please keep their applause and comments down so the meeting can continue. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 7 of 19 Pages Les Segel, the Human Resources Director of Columbia Aircraft, said he is representing about 450 employees and their families. Some of them have their economic livelihood at stake. He explained how their business works. An aircraft owner or representative has to come to Bend to train for five days, half of which is in-flight. It is difficult to constrain the hours, and 9 a.m. to 4 p.m. is hard. He said Commissioner Luke made a comment about inconveniencing people. The economic impact of shutting down the runway and airport is difficult, as they have already been through a lot of economic problems and are anxious for it to be open as much as possible. Commissioner Luke asked if the planes could fly out of Redmond. Mr. Segel stated that the mechanics, engineers and pilots are all based in Bend. If there is a problem in the transitional period, it is very costly and inconvenient. Training is at Bend Airport, it would be difficult to transfer it all to Redmond. Commissioner Baney pointed out that the County does not have jurisdiction over keeping the airport open, outside of the noise permit. If the airport closes more hours, the County can't stop it, but people need to know what to expect. Mr. Segel stated that the County has been supportive of a new runway, as it is important to the economy of the City and County. There are more jets flying in all the time, and a longer runway allows for larger aircraft. It was understood that the first runway would be open until the new one was done, and if there were closures they would be very brief. Ron Wright, Vice President of Administration at Columbia Aircraft, then answered various questions. The airport is open from 9 a.m. to 4 p.m. The County allows activity from 7 a.m. to 10 p.m. There is a problem with the 4 p.m. closure time, as it affects customers and flight testing. The aircraft needs to be rolled out to calibrate, and this has been curtailed. Last week they lost three days of production and revenue because flight testing could not be done by 4 p.m.; it usually takes until 5 or 6 p.m. This is a real financial hardship. This has also caused a reduction in the output at the factory. This has been significantly hard on the company, which has been already hit by other situations. He added that he knows Commissioner Luke doesn't have issues with companies with financial problems, but they have 400-plus people working for them. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 8 of 19 Pages This is a major issue, as they had to cut back 33% of their output. The other businesses on the airport are also hit by a 33% reduction. A lot of jobs are at stake right now. What is being asked for is to allow them to do some of this work after 10 p.m., which will be better for all, just to get it done and shorten the time period so some of these people can be employed. Ms. Craghead said that is how they got here in the first place. Not everyone knew about the noise ordinance, and any construction can take place from 7 a.m. to 10 p.m.. If there is a public necessity a claimant can seek a waiver. The City came in for a permit; the original permit did allow construction beyond 10 p.m. but not the noisy activities. Code does not spell out the hours the airport can stay open. Commissioner Daly said they are not asking to extend the hours to midnight or 2 a.m., but to later than 4 p.m. Patrick Gisler said he owns land at the south end of the airport, on three sides, and is closest to the runway construction. The problem is Knife River working at night, finding rock and having to hammer for a while. It is impractical to have a crew standing around. Unfortunately due to the circumstances, the lack of diligence of the City to look ahead, it has become a major inconvenience. The victims are the workers and those who come and go at the airport. This is an important public need and everyone should be realistic. The occasional night noise might wake someone up, but the County needs to recognize the overriding public need to get the project done. Paving should not be done too late in the year, since over time the asphalt may have a shorter life and require more maintenance, with ongoing future costs. This issue has a serious impact to some and others are somewhat inconvenienced. He recommended the County authorize the contractor to get the work done 24/7 and get it over with. Commissioner Luke stated that the contractor can already work 24/7, they just can't make noise all of the time. For the record about the property you own, there are no residences there. Mr. Gisler stated there are three residences there, and the occupants are not complaining. Perspective is needed on the level of inconvenience. Occasional hammering is a small inconvenience to some. This is an airport, mostly surrounded by EFU land, and there will be aircraft operations there 24/7 in the future. It isn't a wilderness area. No one wants noise all the time, but in this situation, with the season ending soon, the work needs to get done now. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 9 of 19 Pages Dave Hice, the General Manager of Epic Aircraft, testified that he has 130 employees, many of whom are at the hearing. The impact on them and their sacrifices are great. This is a community, and if they aren't working there is a trickle-down impact. There are suppliers and fuel requirements as well. He said Mr. Luke may not have a sensitivity to the businesses, but there should be a sense of what is happening to the people. If he has to send them home because they can't work, the severity for the business is survivable but it may not be for the individuals. He said that Commissioner Luke asked what kind of sacrifices the company is making. The hours of operation were changed from 24 hours to 7 a.m. to 7 p.m., and more recently from 9 a.m. to 4 p.m. Nighttime arrivals that come in from across the country are affected; they have to divert to Redmond and try to make provisions for hangars and facilities. There are other companies such as Air Life that are affected. They are trying to work with the contractor to get the work done. They had to wait another two weeks for this hearing, and the runway was shut down at 4 p.m. to give the contractor more time. The contractor really can't operate 24 hours a day; if he runs into rock, he goes home. There is a limited amount of time to get this work done. Laying down asphalt in poor conditions will create more problems later. Consideration for jack hammering was asked for last time. Nothing has been achieved by allowing work only until 10 p.m. It is hoped the County will help by granting more time. The contractor needs to guarantee he can get it done if this time is granted. He says he can. This is politically sensitive, but the County should not wobble on this issue. Commissioner Luke stated that he has been sensitive to businesses, and just because they don't agree doesn't mean he doesn't care. They gave the City just want they asked for. The County can't do the City's job for them and be responsible for their lack of planning. This is a public process, which is why the hearing required notice. The County is doing what it is supposed to be doing, and the City should have asked for more if they needed it. Mr. Hice said that he believes they did ask this at the last meeting. Commissioner Luke said that it was not on their application. And the City would not let this take place within the city limits. Mr. Hice replied that he is not asking that this be tossed back and forth. The City does have issues, but a solution is needed and the County is being asked to help. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 10 of 19 Pages Commissioner Baney said that this was mentioned at the airport meeting. Everyone needs to plan a little better so this type of thing doesn't happen again. Regarding paving, they can't do a job that wouldn't pass FAA requirements. Mr. Hice stated that anyone who has done this type of work knows you have to pave better than specs, and FAA is aware of that. Brandon Wilcox of Professional Air asked to bring up a couple of points. There were multiple pre-construction meetings with all tenants on the field and the City to minimize the impacts. They ended up deciding on 7 p.m. to 7 a.m., with the understanding that the airport would be closed for various periods of time for connections and paving. He said he doesn't know if the City has those documents, but Greg Phillips, the previous manager of the airport, had documents that asked the County about whether a noise permit was needed. He was told to contact the Sheriff's Office, and they didn't know. So the thought was that a noise permit was not needed. If it had been known, there is no doubt that the work would have been done by October 25. Then a few citizens complained about the noise. Perhaps the County never issued a noise permit before and this is new water being tread. They tried to address the citizens' complaints. It is his understanding that the City offered hotel rooms to them. This may not be the ideal option but could help. They have done as much as possible. There are probably only a few weeks of hammering left. If the noise permit is granted for all night, five days a week, it would take probably another 15 or 20 more working days. Sunday night through Friday morning should work, with no hammering on weekends. It should be unrestricted on weekdays to get the job done. Right now if they are working at 2 a.m. and run into rock, they have to shut down. The essence is when they can do this hammering. As far as money is concerned, his company is impacted but smaller companies are harder hit. Not all companies can operate out of Redmond. He said he runs the FBO in Bend, and this has had a tremendous negative impact on his ability to do business. He had agreed to 7 to 7, and 9 to 4 was unforeseen. Many individuals plan to arrive before 9 and after 5. Revenues are derived from transient traffic and charters, and August is supposed to be the best month. It has been negatively impacted by about 80%. He recommended allowing unrestricted noise permit until the hammering is done in two or three weeks. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page I 1 of 19 Pages Commissioner Luke said that the County has issued noise permits in the past; in fact, the County had to get one to do rock rushing at the landfill. Commissioner Daly noted that not very many have been issued. Commissioner Baney asked about the documents that the County knew about the twenty-four hours. If staff was involved, she'd like some documentation that it occurred. Commissioner Luke stated that there was discussion at the first hearing about this conversation, that a planner had advised them incorrectly and didn't realize there was a permit required until the neighbors complained. Ms. Craghead said that there are noise control hours stated in the Code, but it is unknown if this was addressed. Martin Hansen said he is handling a lawsuit on behalf of Professional Air against the City. However, this type of suit won't solve any current problems out there. The City is in breach of its lease agreement, and damages are hard to pin down. The cost for Professional Air is $17,000 per day. The court process won't solve anything quickly. The County didn't start it, the City is running it; they tried to work it out by being open 12 hours a day and everyone agreed. The flexibility for Knife River to do the work was there. The County now holds the keys to solve this dilemma. The Ordinance allows for an exception for public need. Ask Hap Taylor how this can be modified to allow it to be open 12 hours a day. There also was some powerful testimony from Mr. Taylor about the danger out there. It is not a big airport and there are a lot of random users. All these people here today and their jobs are insignificant if there is a safety disaster. An exception can be made, and that's why your Ordinance allows for it. This is a serious situation and potentially dangerous. Dave Hatfield said that he owns the cafe at the airport and is a homeowner in the area. He is a small fish in the sea, with four employees. He sold everything he owns to open the restaurant, and has been running in the black since the first day. It has been a vital resource for the airport. Whole families come in, and people fly in to visit the restaurant, which was packed until about two weeks ago. The Bulletin ran a story on the closure and sales dropped about 60%. He is now running in the red and may have to close within sixty days. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 12 of 19 Pages He added that he lives so close, he could throw a baseball onto the field. He can see the headlights of Hap Taylor's trucks coming in. He has not lost much sleep; he used to live in Seattle for thirty years, and that's loud. It is relatively quiet at night, and a couple of jack hammers running once in a while is not a big deal. This work has to get done and people will just have to live with it for a while. Other people are suffering a lot more while this drags on. Michael Kelly said he submitted a letter. He lives on the rock face, and the whole house vibrates at night when the work is going on. He lives about 1/8 mile away and is getting little sleep. He said he will just move if someone would pay his moving costs. He does not want to be responsible for people losing their jobs. His wife has diabetes and cardiac issues, and her health can't be jeopardized. Commissioner Baney asked if the City offered to put them up somewhere. He replied that they did it one night, but would have to go every night. They would rather move. At $17,000 per day, the cost would be nothing. He said he felt intimidated at the last meeting, and prefers to move. Commissioner Baney asked if someone from the City talked with him; he replied, yes. Commissioner Daly added that the County can't be liable for the moving costs. Mr. Kelly stated that he doesn't want people to lose their jobs. If he was still living in Boston, he would have gotten beat up. He's 60 and too old to fight. He'd like a few thousand dollars to move is all. Mike Higham stated that he didn't know anything was going on out there at the beginning, but finally got an answer. He wants to see the job get done. He hears it all night long. The last meeting was not civil. He asked how quickly it can be done. He also asked what next year would bring. He likes the airport and wants to stay there. He asked for the worse scenario so he can plan. Tim Lunney, who owns an aircraft, commented regarding the close-call incident. He asked what kind of controls are used by the contractor, and whether someone is monitoring radio channels. Access should have been blocked and no one should be trying to take off. More needs to be done for accident control. Commissioner Luke stated that it is the City's airport and their responsibility, and they should make sure it is secure. There is an "x" on the runway for inbound traffic, but nothing to stop planes from going onto the runway. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 13 of 19 Pages Commissioner Baney said that she feels this is relevant. Ms. Craghead stated that this is not a part of the noise permit process, as it is the City's call. No other testimony was offered by others, so Hap Taylor and John Russell returned. Mr. Russell stated that going onto the runway area breaks local and FAA rules. Professional Air is helping to monitor radio traffic, but some people just break the rules. Mr. Taylor said that some airplanes have landed on the taxiway. If they are professional, they use the radio and announce they are coming. There is a notice that it is closed, but in two instances the pilots had their radios turned off. The taxiways can't be blocked off because they are used for truck traffic. It is not the job of the construction crew to monitor airplanes in the air. The contractor moves dirt. He will talk with the City and require that they have someone out there to watch over safety. He doesn't want to see someone hurt or killed. Someone on a piece of heavy equipment may not hear a radio call. In regard to paving, it is not done for a continuous week so it won't have to be closed all the time. Also, the three or four weeks is just part of it. They still have to tear out the existing runway, and there is solid rock at the north end. This process will have to happen again. It will be elevated asphalt, and they have to go down three or four feet for drainage. It could take several months, but a third of the runway will be useable. They will shoot what they can instead of hammering, and most has to be done during daylight hours. Commissioner Luke asked if the airport could be opened up more than it currently is, to allow extended hours for the contractor. Mr. Russell stated that they would like to have a solid ten hours to work. That would be much better than eight hours. Mr. Taylor added that his crew needs ten hours of solid work while the runway is closed, as he would like some daylight hours. He prefers 2 p.m. to midnight, or 4 p.m. to 2 a.m. for about three more weeks. If necessary, 7 p.m. to 7 a.m. will work. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 14 of 19 Pages Commissioner Luke asked how many motel rooms the City would pay for, and how much. Mr. Russell said this was offered to the local citizens but only a few said yes. They were asked to be reasonable, but left it up to them. The City didn't want to select a motel, but didn't want it to cost $300 a night either. Commissioner Daly said that only one person talked against this today, but he is willing to see it through. Commissioner Daly stated that he would be willing to go with 7 p.m. to 7 a.m., as this would get it done quicker. It should be allowed until the project is done, to allow for weather issues. Some people will be inconvenienced but this happens every day to have something better later on. Notification was done and most people just want to get it over with. Mr. Taylor said his contract gives him until October 25. There will be a week of off and on shutdowns for paving. The paving will get done unless it starts snowing. Commissioner Baney said she doesn't mean to put anyone on the spot, but would the City consider an option of giving a monetary amount to people to go visit family instead of taking a motel room. Mr. Russell stated that they are wiling to do whatever is within reason to help out, but he doesn't know the legal ramifications of spending money on this. A cash payment may not be viewed the same way. He would have to check. Commissioner Baney asked about the daylight hours issue and whether 6 p.m. to 7 a.m. would be better. Mr. Taylor stated that he would like another hour of daylight, as it is harder to work at night. He doesn't know how that would affect the airport, and is concerned about the people out there. He apologizes for the noise they have had to make, but they can only get next to the runway when it is closed. Commissioner Luke asked if the people who benefit the most are willing to close earlier. Commissioner Daly suggested closing at 7 p.m. Ms. Craghead stated that the City testified if the contractor could operate 24/7 they would open up the airport longer to allow a ten-hour shift. This is up to the airport and the City. Mr. Taylor will have to work that out with them. Being no further testimony offered, the hearing was closed. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 15 of 19 Pages Commissioner Luke noted that this is a complicated issue and relates to a lack of planning. He said he can't vote for it. The City hasn't been willing to do its job and give the contractor additional time. He would like to see the contractor work 24 hours a day. This was thrown back on the County, and he can't support it. BANEY: Move that the noise permit allow the contractor's previously prohibited activity to take place 24/7 until October 25. DALY: Second. VOTE: BANEY: Yes. LUKE: No. (Split vote.) DALY: Chair votes yes. LUKE: Move approval of the consent agenda. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Consent Agenda Items 13. Signature of Document No. 2007-437, a Bargain and Sale Deed to the City of Redmond, Conveying Property Known as Windrow Court 14. Signature of Document No. 2007-430, a Lease with Canyon View Enterprises for Property in Redmond for the Mental Health Department 15. Approval of Economic Development Grants: Project Wildfire - Commissioner Luke granted $3,250 and Commissioner Baney granted $1,000 Branding Downtown Redmond - $1,000 each from all three Commissioners 16. Approval of Minutes: Business Meetings: July 30, August 6 and August 8 Work Session: July 30 Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 16 of 19 Pages CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 17. Before the Board was Consideration of Signature of a Letter Appointing Dennis Wood to the Sunriver Service District Managing Board, through August 31, 2008. Doug Seator came before the Board to explain the Sunriver Service District items. LUKE: Move approval of items # 17 through #21. BANEY: Second. VOTE: BANEY: LUKE: DALY: Yes. Yes. Chair votes yes. 18. Before the Board was Consideration of Signature of Resolution No. 2007- 126, Correcting References to the Fiscal Year regarding Resolution No. 2007-078 (previously adopted). 19. Before the Board was Consideration of Signature of Resolution No. 2007- 127, Correcting References to the Fiscal Year regarding Resolution No. 2007- 079 (previously adopted) 20. Before the Board was Consideration of Signature of Resolution No. 2007- 128, Correcting References to the Fiscal Year regarding Resolution No. 2007- 080 (previously adopted) 21. Before the Board was Consideration of Signature of Resolution No. 2007- 129, Correcting References to the Fiscal Year regarding Resolution No. 2007- 081 (previously adopted) CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 22. Before the Board was Consideration of Signature of Resolution No. 2007- 125, Transferring Appropriations within the Deschutes County 9-1-1- County Service District Fund. LUKE: Move approval. BANEY: Second. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 17 of 19 Pages VOTE: BANEY: LUKE: DALY: Yes. Yes. Chair votes yes. 23. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $7,158.77. LUKE: Move approval, subject to review. BANEY: Second. VOTE: BANEY: LUKE: DALY: Yes. Yes. Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 24. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension/4-11 County Service District, in the Amount of $2,577.64. LUKE: Move approval, subject to review. BANEY: Second. VOTE: BANEY: LUKE: DALY: Yes. Yes. Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 25. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County, in the Amount of $438,349.77. LUKE: Move approval, subject to review. BANEY: Second. VOTE: BANEY: LUKE: DALY: Yes. Yes. Chair votes yes. Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 18 of 19 Pages 26. ADDITIONS TO THE AGENDA Being no further discussion, the meeting adjourned at 12:05 p.m. DATED this 29th Day of August 2007 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Minutes of Board of Commissioners Business Meeting Wednesday, August 29, 2007 Page 19 of 19 Pages ()hwv~/ Tammy ney, C missioner ',.>-T E S G [tl~ C33 { Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, AUGUST 29, 2007 Commissioners' Hearing Room - Administration Building 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign-up card provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of Signature of Document No. 2007-438, a Special Use Permit from the Department of Agriculture for Siting a Sand Shed and Equipment Storage Building on Forest Service Land - Tom Blust, Road Department 3. CONSIDERATION of Signature of Document No. 2007-443, an Intergovernmental Agreement with the Oregon Department of Human Services regarding the AmeriCorps HOPE (Healthy Options through Prevention and Education) 2007-08 Host Site Agreement - Dan Peddycord, Health Department 4. CONSIDERATION of Signature of Document No. 2007-436, an Intergovernmental Agreement to Provide Lifespan Respite Program Services in Harney County - Kathy Drew, Mental Health Department 5. CONSIDERATION of Signature of Document No. 2007-445, the 2007-09 Oregon Commission on Children & Families Healthy Start Medicaid and Partnership Agreement - Hillary Saraceno and/or Debi Harr, Commission on Children & Families Board of Commissioners' Business Meeting Agenda Wednesday, August 29, 2007 Page 1 of 8 Pages a 6. CONSIDERATION of Signature of Document No. 2007-446, a Provider Agreement for Ready* Set* Go Program Services -Debi Harr, Commission on Children & Families 7. CONSIDERATION of Signature of Document No. 2007-447, a Provider Agreement for the MountainStar Relief Nursery Program - Debi Harr, Commission on Children & Families 8. CONSIDERATION of Signature of Document No. 2007-448, a Provider Agreement with the Central Oregon Battering and Rape Alliance - Mary's . Place - Debi Harr, Commission on Children & Families 9. CONSIDERATION of Chair Signature of Document No. 2007-440, a Notice of Intent to Award Contract Letter for Knott Landfill North Area Development Landscape Construction - Timm Schimke, Solid Waste Department 10. CONSIDERATION of Signature of Document No. 2007-424, an Agreement with the U. S. Department of Agriculture regarding Wildlife Services - Timm Schimke, Solid Waste Department 11. CONSIDERATION of Signature of Resolution No. 2007-123, Setting a Date for the Implementation of a Landfill Tipping Fee Increase - Dave Kanner, County Administrator 12. A PUBLIC HEARING regarding Document No. 2007-365, a Request to Revise the Existing Noise Permit for Construction of the Bend Municipal Airport Runway - Kristen Maze, Community Development Department CONSENT AGENDA 13. Signature of Document No. 2007-437, a Bargain and Sale Deed to the City of Redmond, Conveying Property Known as Windrow Court 14. Signature of Document No. 2007-430, a Lease with Canyon View Enterprises for Property in Redmond for the Mental Health Department Board of Commissioners' Business Meeting Agenda Wednesday, August 29, 2007 Page 2 of 8 Pages 15. Approval of Economic Development Grants: • Project Wildfire - Commissioner Luke granted $3,250 and Commissioner Baney granted $1,000 • Branding Downtown Redmond - $1,000 each from all three Commissioners 16. Approval of Minutes: • Business Meetings: July 30, August 6 and August 8 • Work Session: July 30 CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 17. CONSIDERATION of Signature of a Letter Appointing Dennis Wood to the Sunriver Service District Managing Board, through August 31, 2008 18. CONSIDERATION of Signature of Resolution No. 2007-126, Correcting References to the Fiscal Year regarding Resolution No. 2007-078 (previously adopted) 19. CONSIDERATION of Signature of Resolution No. 2007-127, Correcting References to the Fiscal Year regarding Resolution No. 2007-079 (previously adopted) 20. CONSIDERATION of Signature of Resolution No. 2007-128, Correcting References to the Fiscal Year regarding Resolution No. 2007-080 (previously adopted) 21. CONSIDERATION of Signature of Resolution No. 2007-129, Correcting References to the Fiscal Year regarding Resolution No. 2007-081 (previously adopted) CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 22. CONSIDERATION of Signature of Resolution No. 2007-125, Transferring Appropriations within the Deschutes County 9-1-1- County Service District Fund 23. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District Board of Commissioners' Business Meeting Agenda Wednesday, August 29, 2007 Page 3 of 8 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 24. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 25. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 26. ADDITIONS TO THE AGENDA Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. FUTURE MEETINGS: (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) Monday, August 27, 2007 10:00 a.m. Board of Commissioners' Meeting - Land Use 12 noon Meeting with District Attorney, Others regarding Parole & Probation Misdemeanant Supervision 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, August 29, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, August 29, 2007 Page 4 of 8 Pages Thursday, August 30, 2007 11:00 a.m. Meeting with New U.S. Forest Service Supervisor for the Deschutes National Forest (John Allen) and Staff Monday, September 3, 2007 Most County offices will be closed to observe Labor Day. Wednesday, September 5, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 6, 2007 10:00 a.m. District Attorney Update 11:00 a.m. Community Development Department Update 1:30 p.m. Road Department Update Monday, September 10, 20007 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Tuesday, September 11, 2007 2:00 p.m. Tour and Overview of Alyce Hatch Center, Bend Wednesday, September 12, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 13, 2007 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers 10:00 a.m. Health Department Update 11:00 a.m. Mental Health Department Update Board of Commissioners' Business Meeting Agenda Wednesday, August 29, 2007 Page 5 of 8 Pages 1 Monday, September 17, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) 4:30 p.m. Meeting with City of Bend Council, at Bend City Hall Tuesday, September 18, 2007 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, September 19, 2007 9:30 a.m. Juvenile Community Justice Department Update 10:30 a.m. Parole & Probation Department Update 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 20, 2007 7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council 12:00 noon Regular Meeting of the Audit Committee Monday, September 24, 2007 10:00 a.m. Board of Commissioners' Meeting - Land Use 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, September 26, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 27, 2007 9:00 a.m. Fair & Expo Department Update 11:00 a.m. Commission on Children & Families' Department Update 1:30 p.m. Sheriff's Department Update, at Sheriffs Office Board of Commissioners' Business Meeting Agenda Wednesday, August 29, 2007 Page 6 of 8 Pages Monday, October 1, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) 5:30 p.m. Regular Dinner Meeting with the Judges, at Ernesto's Wednesday, October 3, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, October 4, 2007 8:00 a.m. Regular meeting with the City of Sisters Council, Sisters City Hall 9:30 a.m. Regular meeting with Judge Fadeley, Sisters Wednesday, October 10, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, October 15, 2007 12:00 noon Regular Meeting with Department Heads 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, October 16, 2007 11:30 a.m. Leadership Sisters Panel, Sisters City Hall Wednesday, October 17, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, October 18, 2007 7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council Board of Commissioners' Business Meeting Agenda Wednesday, August 29, 2007 Page 7 of 8 Pages Monday, October 22, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, October 24, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, October 25, 2007 4:00 p.m. U.S. Highway 97 - North Corridor Steering Committee Meeting Monday, October 29, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, October 31, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Wednesday, August 29, 2007 Page 8 of 8 Pages IF YOU WISH TO TESTIFY Please complete this card & turn County staff person. it in A~ic_e Name: ! ~2 Mailing Address: 12115 Af 0 QA-LL.. c7-- 01o o Phone 369' -S' g 0 o E-mail Address: Date: Subject: r`Onr ~i r- I F YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Mailing Address: 1;Red l Acssci irl &MeSL - Phone 5~ _ O g 79- E-mail Address: Date: Subject: lq~ci evky 0 „I ml IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: ~(a JdA O~ [C'JV Mailing Address: (a.?(32 Phone ryC - 3- tq E-mail Address: Pro~~~e~n Date: s~- 2q - o? Subject: IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Iq~ L~le ~41-1' ex A wt Mailing Address: 157 e7 K/ Phone -59`c - ~yr 4 E-mail Address: Date: `mil t'rx f Subject: 1 IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: l A I -CJ K l Mailing Address: 2U C1 1~- ~-C e- a P, & 0-4 K . Phone E-mail Address: Date: Subject: IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: /I'IG~T Mailing Address: Phone E-mail Ac Date: Subject:_ e4,111 IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Lis Mailing Address: Phone E-mail Address: -Fs'. a r_C Date: D0~07 t ~ C-6 61.A . Subject: IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: r, v,.e.. C_,,_0_ Mailing Address: J~f' ) Azls a n c~ Phone 3/ Fj-,- S- ~f 9 E-mail Address: Date: a -pr c ~c 4 . cote Subject: IF YOU WISH TO TESTIFY Please complete this card turn it in ZZ a pant staff person. e: liz 4 Nam Mailing Address: z2s5-z2 Ae- Phone E-mail Address: ro~i.~rt~ ~y~ ud« Date: f? -zc~'VZ Subject: Ale & fi IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: OaLv- 14,oL4 4ie 1~ Mailing Address: Phone E-mail Address: Date: ca6 9 Subject: 6 -E-- C IF YOU WISH TO TESTIFY Please complete this card & turn it in toga Countv.k?(ff,Ders_Qn,/ Nam MAling A~Xdress: Phone ~~a _ l 37;~_ E-mail Address: Date: - 9- O Subject: ,r,,.,T Es e Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora AGENDA REQUEST & STAFF REPORT For Board Business Meeting of August 29, 2007 Use "tab" to move between fields, and use as much space as necessary within each field. Do not leave any fields incomplete. Agenda requests & backup must be submitted to the Board Secretary no later than noon of the Wednesday prior to the meeting to be included on the agenda. DATE: August 20, 2007 TO: Deschutes County Board of Commissioners FROM: Kristen Maze, Community Development Department TITLE OF AGENDA ITEM: A public hearing on a noise permit condition of approval temporary modification of conditions by the Board of County Commissioners. PUBLIC HEARING ON THIS DATE? YES BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners conducted a public hearing on July 2, 2007 for a Noise Permit for the Bend Muncipal Airport, to operate construction equipment to replace the existing runway between the hours of 7:00 p.m. and 7:00 a.m. The permit was approved by a 2 to 1 vote in favor of the Bend Muncipal Airport. The City then requested an interpretation of condition #4. When outside the runway area pneumatic hammering and excavating shall take place during daytime hours of 8:00 am and 5:00 pm. The Board made the interpretation to allow the construction to occur inside the runway safety zone between the hours of 7:00 a.m. and 10:00 pm., which allowed pneumatic hammering and excavating for an extended period of 5 hours. The City is now requesting that the conditions of approval be modified for a 4 week period to allow the noise making construction to go on for up to 7 days a week and extend the night time hours to 12:00 a.m. with addition options of all night noise making construction or until 2:00 a.m.. FISCAL IMPLICATIONS: NONE. RECOMMENDATION & ACTION REQUESTED: N/A ATTENDANCE: Kristen Maze, CDD DISTRIBUTION OF DOCUMENTS: Kristen Maze T E lit Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 http://www.co.deschutes.or.us/cdd/ STAFF REPORT TO: Deschutes County Board of County Commissioners FROM: Kristen Maze, Associate Planner DATE: August 29, 2007 SUBJECT: Public Hearing for a Noise Permit, SOP-07-02 Purpose The Deschutes County Board of County Commissioners ("Board") will hold a public hearing to consider a proposal by the Bend Municipal Airport for a revised Noise Permit. The permit is required by the Deschutes County Code Chapter (DCC) 8.08 Noise Control, for noise related to pneumatic hammering, earthmoving equipment or related machinery that creates disruptive sound between the hours of 10:00 p.m. and 7:00 a.m. Applicant Proposal The applicant, Knife River, for the City of Bend Municipal Airport, is in the process of replacing the existing airport runway. On July 2, 2007, the Board issued a noise permit for the airport allowing construction to take place at any time any day but limited blasting, drilling and rock crushing to the hours of 8:00 am to 5:00 pm, and pneumatic hammering and excavating to the hours of 8:00 a.m. to 5:00 p.m. "outside of the runway area." On July 30, 2007, the City requested the Board's interpretation of the DCC 8.08.070 and the original noise permit. At the public hearing the Board determined that DCC 8.08.040 (L) and (M) permits all construction within the runway safety zone until 10:00 pm. On August 16, 2007, Knife River on behalf of the City of Bend Municipal Airport filed a new noise permit requesting additional daily time after 10:00 p.m. for a period of 4 weeks to conduct pneumatic hammering due to the unknown rock that has been encountered adjacent to the new runway. The contractor, Knife River, is in the process of digging 3 parallel utility trenches approximately 700 lineal feet each at varying depths of 1 to 2.5 feet. According to the contractor this extended time is necessary to meet the deadline of October 25 and the ability to complete the current phase of the project during this years building season. Quality Services Perfortned with Pride Therefore, Knife River on behalf of the City is requesting that the noise permit issued by the Board on July 2, 2007 be revised to modify the conditions of approval. Because the County Code does not have a means by which to amend the noise permit, Knife River has applied for a new permit. According to the contractor, the revised conditions are necessary for the completion of the Bend Municipal Airport runway in time before the inclimate weather arrives to make it impossible to build, and before the expiration of the construction contract. The applicant proposes the following conditions be in place for a period of 4 weeks beginning immediately. Condition #2 lists 4 options to be discussed: 1. Construction related to the runway may occur during the hours of 10:00 p.m. to 7:00 a.m. 7 days a week. 2. Pneumatic hammering and other noise related construction (rock crushing, drilling, blasting, excavating) shall take place from the hours: • 24 hours a day for 7 days a week • 7.00 a.m. to 2:00 a.m. the following morning 7 days a week • 7:00 a.m. to 12:00 midnight. 7 days a week • 7:00 a.m. to 12:00 midnight 5 days a week 3. Construction crews shall make every effort to limit backing up during night time construction by driving forward and taking circular routes. 4. Airport Management shall continue to meet with Airport neighbors to discuss issues of the runway construction noise and try to mitigate, if possible, as well as inform the neighbors of any changes to the construction schedule. Considerations Per DCC 8.08.080 (B) in granting the proposed noise permit the Board shall consider the following: 1. the location of the construction 2. the potential nature of the sound from the activity, 3. the potential nature of the sound from the vehicular traffic to and from the project site and the relative loss or inconvenience that would result to the persons affected. 4. The location of the construction and the nature of the sound are discussed above. The potential sound from vehicular traffic to and from the project is considered negligible because the project is located off the Powell Butte Highway with existing traffic to and from the Bend Airport. The "relative loss and inconvenience" would occur if the construction project required that the Airport to shut down during the day for several months or days. In this case the relative loss would be to the eighteen business and numerous employees at the Bend Airport. Also there is currently the neighborhood inconvenience of the night time construction noise; including the OSHA backup horns on construction equipment and the pneumatic hammering and excavating that has occurred. 2 Findings The Board shall make the following findings per DCC 8.08.080 prior to issuing the noise permit; 1. that peace, quiet, comfort or repose of other persons will not be disturbed, or can be mitigated to an acceptable degree, or 2. a public necessity exists. According to the City there have been no recent complaints from the neighbors following the July 30, 2007 Board's interpretation of the noise permit which allowed the construction to occur inside the runway safety area from the hours of 7 a.m. to 10:00 p.m. A public necessity exists to maintain the integrating of the City of Bend Municipal Airport runway and the businesses that rely on the airport to function normally during daytime hours. Attachments: 1. Application Form and Letter 2. Existing Noise Permit 3. Proposed Draft Noise Permit 3 REVIEWED LEGAL COUNSEL NOISE PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND (541) 388-6575 LOCATION: 63136 POWELL BUTTE HIGHWAY OWNER: CITY OF BEND MUNICIPAL AIRPORT TYPE, DATES & TIME OF EVENT: CONSTRUCTION OF NEW RUNWAY UNTIL OCTOBER 30, 2007 SUNDAY - THURSDAY 7:00 PM - 7:00 A.M. OPERATOR: CITY OF BEND MUNICIPAL AIRPORT PHONE 541 389-0258 1. PERMIT BECOMES NULL AND VOID IF PROJECT HAS NOT STARTED ON THE APPROVED DATE. 2. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT IS COMPLETE. 3. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW ENFORCEMENT 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 8.16, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. FILE NUMBER (SOP-07-1) The Board of County Commissioners approves the City of Bends' application for Noise permit for the above listed event based upon the attached findings incorporated by reference herein and subject to the following conditions. CONDITIONS OF APPROVAL 1. Blasting, drilling and rock crushing shall take place during daytime hours of 8:00 a.m. and 5:00 p.m. 2. Construction crews shall make every effort to limit backing up during night time construction by driving forward and taking circular routes. 3. When outside of the runway area pneumatic hammering and excavating shall take place during daytime hours of 8:00 a.m. and 5:00 p.m. 4. Airport Management shall continue to meet with the Airport neighbors to discuss issues of the runway construction noise and try to mitigate if possible, as well as inform the neighbors of any changes to the construction schedule. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON Michael M. Daly, Chair TE Dennis R. Luke, Commissioner DATE. Tammy Baney, Commissioner DATE I City of Bend Municipal Airport SOP Permit (July 2, 2007) REVIEWED LEGAL COUNSEL NOISE PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND (541) 388-6575 LOCATION: 63136 POWELL BUTTE HIGHWAY OWNER: CITY OF BEND MUNICIPAL AIRPORT TYPE, DATES & TIME OF EVENT: CONSTRUCTION OF NEW RUNWAY UNTIL OCTOBER 30, 2007. OPERATOR: CITY OF BEND MUNICIPAL AIRPORT PHONE 541 389-0258 1. PERMIT BECOMES NULL AND VOID IF PROJECT HAS NOT STARTED ON THE APPROVED DATE. 2. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT Is COMPLETE. 3. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW ENFORCEMENT 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 8.16, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. FILE NUMBER (SOP-07-2) The Board of County Commissioners approves the City of Bends' application for Noise permit for the above listed event based upon the attached findings incorporated by reference herein and subject to the following conditions. CONDITIONS OF APPROVAL 1. Construction related to the runway may occur during the hours of ? to ? , ? days a week. 2. Construction crews shall make every effort to limit backing up during night time construction by driving forward and taking circular routes. 3. Pneumatic hammering. blasting, drilling and rock crushing shall take place form the hours ? to ? , ? days a week. 4. Airport Management shall continue to meet with the Airport neighbors to discuss issues of the runway construction noise and try to mitigate if possible, as well as inform the neighbors of any changes to the construction schedule. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON Michael M. Daly, Chair Dennis R. Luke TE DATE DATE Tammy Baney I City of Bend Municipal Airport SOP Permit (August 29, 2007) August 19, 2007 Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, OR 97701-1925 Re: File Number SOP-07-2 Attn: Kristen Maze This letter will serve as a request to the Deschutes County Board of County Commissioners to approve the request from the City of Bend Municipal Airport to revise the existing Noise Permit under Chapter 8.08 of the County Code for the construction of the Bend Municipal Airport runway, to allow longer hours of operation. If the runway paving is not completed by October 25, 2007 as scheduled, it will likely have to be postponed until after the winter months. Any daytime closures of the runway will create an undue hardship for the various business and private tenants of the airport whose activities involve utilization of the runway during daylight hours. .f hn Field(Se 1 80 Mounta Zters. OR 97 541 549 6120 yo onsideration, d Airpo hangar tenant View Loop 759 AUG 2 1 2007 ID. ~ c U1 C. I~.,{{~ e, fy h3t~J¢,{^'1;cbats','[Jy7yI2ntletMn~jB d I . iltHtiCIS l~H'is~l4 ~i's}i{91fY MARTIN E. HANSEN, OSS # 80052 z FRANCIS HANSEN & MARTIN' LLP 1148 N Hill Street ofAttor4 3 97701 Bend, OR 541-389_5010 4 541-382-7068 Fax meh@francishansen.com Of Attorneys for Defendant 6 IN THE CIRCUIT COURT OF THESTATE OF OREGON 10 FOR THE COUNTY OF DESCHUTES r C' 5t9 a- PROFESSIONAL AIR, INC,, Case No. 07CV0627IvtA Ile 13 Plaintiff, COMPLAINT vs. (Breach of Contract) r ell, ay CITY OF BEND, (NOT SUBJECT TO MANDATORY Defendant. } ARBITRATION) 16 17 For its Complaint, Plaintiff alleges as follows: 9 At all material times herein, plaintiff, Professional Air, Inc., was and now Is an 21 Oregon Corporation authorized to transact business within the State of Oregon. At 2-7 all material times herein, defendant, City of Bend was and now is an Oregon 23 1 1 ~ Municipal Corporation. ' 241 t 25 1 COMPLAINT li ~ ~ . 2 , 3 i On August 22, 2006 plaintiff and defendant entered into a lease agreement 4 whereby defendant City of Bend leased to plaintiff certain real property including improvements thereon, on defendant's City of Bend municipal airport located in Deschutes County, Oregon,. That lease agreement entitles plaintiff to use specific t property on the airport together with the runway and airport facilities to conduct 7' plaintiffs flight business. A copy of the Lease Agreement is attached hereto as Exhibit 1 and by this reference made apart hereof. ' u 3 . 11 Defendant is in breach under the terms of its lease agreement by reason of 12 defendant's failure of to keep its municipal airport runway open and in operation 33 during reasonable business hours as required by the lease agreement. Defendant: 14 has restricted operation of the airport on occasion to six hours per day and on ether J~ r occasions seven hours per day, which interferes with -plaintiffs business operation , 16 ij and quiet enjoyment of its leased premises as promised in defendant's lease agreement, 17 Ir I Iy 20 22 25 24 25 4. Defendant's failure to keep the municipal airport open and in operation has significantly impaired plaintiffs use of the leased premises and has cast plaintiff significant loss in revenue in the areas of fuel sales, charter sales, instruction sales, and maintenance sales. As a result of plaintiff's breach of its tease defendant has incurred damages in the sum of $170,000 and additional damages of $17,000 per day in lost income and revenue ps a result of defendant°s failure to keep its municipal airport open and in operation. 2 - COMPLAINT 6 7 x 1p: 12 13 ~00 r-a tU 14 1.5 w 16 y z ' 00 i 19 20 21 1 7 ?3 i4 11 _5. WHEREFORE, Plaintiff prays for judgment in its favor, and against defendant in the sum of $170,000 together with additional damages of $17,000 per day and for each day defendant continues in breach of the lease agreement as set forth herein together with plaintiff's costs and disbursements incurred herein including plaintiffs' reasonable attomeys' fees. DATED this 2 1 day of August 2007 FRANCIS HANSEN & MARTIN, LL.P Martin E. Hansen, S 00 2 Of Attorneys for Plaintiff ((6 o:: C®r a L U nB.0, 9 August 24, 2007 Deschutes County Commissioners 1300 N.W. Wall St. Ste 200 Bend, OR 97701 Ref: SOP-07-2 City of Bend Municipal Airport Dear Commissioners: C U AUG 2 7 2007 BOARD OF COMMISSIONERS ADMINISTRATION I am writing to urge you to favorably consider the City of Bend's request to extend the hours of operation in which noise is permitted from the current 10:00 PM stop time to at least 12:00 AM. The businesses located at the Bend airport and specifically, Columbia Aircraft Manufacturing Corp., are depending on the City to accomplish this project in a timely manner. While it is unfortunate that the city and county agents responsible for planning this project didn't realize that a special noise permit was required, it is now necessary to ensure that everything that can possibly be done to resolve this issue is accomplished. While the personal property interests and rights of the neighbors must understandably be considered, the businesses and their employees at the airport are also being impacted by this project. In fact, all users of the airport have had to curtail their flight activities to accomplish the work done to date. As the autumn weather and conditions quickly approach, the limits affected by such changing conditions are also looming. Because of the mistakes of omission made by the government agencies, obviously the contractor did not plan on not being able to work to the schedule originally set out, the successful completion of the project this fall is at risk. If our entire community is lucky and you favorably consider this request, this project can perhaps, with minimal further or unreasonable impact to the neighbors or businesses of the Bend airport, still be completed on time. COLUMBIA AIRCRAFT MANUFACTURING CORPORATION 22550 NELSON ROAD, BEND, OR 97701. W W W FLYCOLUMBIA. COM (0) 541.318.1144 IF) 541.318.1177 Again, please help reach an acceptable agreement that accepts the responsibility for the government agencies that missed the requirement in the first place and the reasonable interests of the airport neighbors and businesses. If allowing 2 hours additional operating time allows the contractor to finish on time, every effort should be made to get it done. Thank you for your favorable consideration. Respectfully yours, Terry Brewer Chief Pilot Columbia Aircraft Manufacturing Corp. MICHAEL AND PAMELA KELLY August 19, 2007 Kristen Maze,Assistant Planner Deschutes County Community Development Dept. 117 NW Lafayette Ave. Bend,or. 97701-1 92 5 Dear Ms.Maze, I am writing in response to the most recent mailing regarding a change in hours for night construction at the Bend Airport. Once again,we request that no rock cutting occur after l OPM Unbeknownst to the various business and airport attendees,my husband was present at the meeting held at the Bend Airport on August 17th in favor of extending construction, including rock cutting I presume,to midnight and maybe beyond. He witnessed the contingent from Epic Air march en-mass across the runway to attend said meeting. The atmosphere during the meeting was so hostile towards the airport neighbors who have dared to ask for reasonable accommodations to preserve the right to a decent night's sleep,that he declined to speak out in our behalf. In fact,he felt that the wisest action would be to leave and, shortly thereafter,he did so. It is clear to these same neighbors that the real culprits here are the planners and the previous airport manager,as well as the construction company. None of the aforesaid parties took the proper steps to foster a mutually beneficial relationship with nearby residents who reside in the rural area of Bend nor request input before the project barreled ahead. That we may end up being the parties responsible for hundreds of people losing their jobs, as implied by management at Epic Air,is unconscionable and leaves us open to personal retaliation from those who may lose their positions in the future for any reason at all. The continued controversy and actual construction have not only affected our ability to obtain a restful night,but have impacted my health,as well. We have lived by the airport for over 25 years and have never been disturbed by routine airport operations. This is not routine and should not even be discussed as if it were the norm. Respectfully, A", Michael and Pamela Kelly F surf. 6 f'~,'p