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2008-657-Minutes for Meeting April 21,2008 Recorded 6/27/2008DESCHUTES NANCY COUNTY CLERKDS Q 2008'65 COMMISSIONERS' JOURNAL so MIN 06/27/2008 10:56:12 AM 2008-657 Do not remove this page from original document. Deschutes County Clerk Certificate Page L C 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 and Page or as Fee Number 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 MONDAY, APRIL 21, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Tammy Melton and Michael M. Daly. Also present were Dave Kanner, County Administrator; Mark Pilliod and Laurie Craghead, Legal Counsel; Tom Anderson, Catherine Morrow, Paul Blikstad and Kristen Maze, Community Development Department; Sheriff Larry Blanton and Lt. Gary Decker; several representatives of the media; and approximately 20 other citizens. Chair Luke called the meeting to order 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. 2008- 132, Renewal of an Intergovernmental Agreement with Crook County for Building Inspection Services Provided by Deschutes County. MELTON: Move approval. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 3. Before the Board was a Hearing and Consideration of Signature of Order No. 2008-035, a Claim for Compensation under Measure 37 (File #M37-07- 171; Applicant: Hingley). Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 1 of 13 Pages Tom Anderson explained that the claimant has been out of town and requested that this be continued to a future date. 4. Before the Board was a Hearing and Consideration of Signature of Order No. 2008-036, a Claim for Compensation under Measure 37 (File #M37-07- 172; Applicant: Dunham). Tom Anderson explained that this involves 4.5 acres located in the Lazy River Subdivision that is zoned RR-10 with a flood plain, landscape and wildlife overlays. A claim was filed in April 27, 2007. The desired use is to grant approval of a septic system. Damages claimed are $150,000 to $200,000. The property was acquired via land sale contract in 1968, and a deed followed in 1977. Staff recommends denial for a couple of reasons. The claim was received more than two years past the deadline per the original Measure 37 criteria. The two- year window expired in December 2006. Also, the County is governed by Statute on the placement and size of septic systems outside the land use rules of the State. Measure 37 is limited to land use rules that may devalue a property. This system might have been approved in the 1970's, but has been denied twice since then. There is lengthy history of septic evaluations on the lot. The claimant has applied for a new feasibility test on the property, and may be able to pass this time, based on test pits done on a terraced area. This may meet the proof of separation. It is adjacent to the river and areas of high water, and the County wants to be sure that fluctuating water levels won't impact the required two-foot depth. This should be determined within the next few weeks. The process is taking place as it should under State rules. Commissioner Luke asked for clarification of the two-year limit for Measure 37. Mr. Anderson stated that the text of the Measure indicated a deadline of two years from passage of the legislation, although it could mean that it is from Code enforcement action or another denial. This claimant has both the Code enforcement process and an application for approval. Commissioner Daly asked if Measure 49 affects this claim. Mark Pilliod replied that it did affect existing claims in process. The denial is based on Measure 37. There are several requirements that this application does not satisfy, including health and safety provisions and being past the deadline for submitting an application. He was not sure if the claimant submitted a claim to both the State and County. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 2 of 13 Pages The claimant, William Dunham, said that he bought the property over forty years ago and wants to retire there. He thought he might be able to get septic approval by this time; this is the third or fourth attempt. In regard to the two years, he did file a claim with the State and has a receipt for it. The County did get a copy of it already. Mr. Anderson said that the State will not waive septic system requirements for any reason. No further testimony was offered. Commissioner Daly suggested that the claimant may be able to get an acceptable septic permit, so this should wait until the determination is made. DALY: Move signature MELTON: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 5. Before the Board was a Hearing and Consideration of Signature of Order No. 2008-036, a Claim for Compensation under Measure 37 (File #M37-07- 173; Applicant: Kulin). Tom Anderson said that the claimant wishes to postpone this, with it being brought back in an appropriate time frame. MELTON: Move that this be postponed. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of Signature of Document No. 2008- 171, an Amendment to the Improvement Agreement regarding Required Amenities at Pronghorn Destination Resort. Laurie Craghead stated that this item needs to be discussed in detail, and asked that it be continued to the Wednesday business meeting. This item will be addressed at the Wednesday, April 23 business meeting. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 3 of 13 Pages 7. Before the Board was Consideration of Signature of Documents No. 2006- 148 and 2008-149, Release of TDC Restrictive Covenant and Grant of Replacement TDC Covenant. Catherine Morrow: provided a map, of the property. She said that Mr. Dryden owns four lots, two of which were purchased at auction from the County. He would like to consolidate the lots to allow for a septic system. He has two other lots that have been consolidated already. He would like to move a covenant from one of the newly purchased lots to one of his other lots so that instead of having two residences with septic systems on half-acre lots, there would be two residences with septic systems on one-acre lots. There would be no net change in the number of residences or septic systems. Staff is supportive of this proposal. Robert Dryden, the owner of the lots, said that he thought it would be a simple process but ended up having to hire an attorney to complete the documents. Tom Anderson said that the Financial Advisory Committee, responding to comments he has made, has asked about TDC covenants and whether they can be removed. In context, however, he feels they could be moved to another parcel. The purpose of the program is to decrease the number of septic systems allowed in order to reduce nitrates. Two could be allowed on two of these properties but they would have gone onto half-acre lots instead of two on one- acre parcels. Commissioner Daly asked if a sewer is available adjacent to TDC lots in the future, whether those restrictions be lifted. Mr. Anderson stated that if sewer is available, it is unlikely to allow connection without a separate action of the Commissioners. Commissioner Daly said that he prefers some flexibility be allowed. If lots are already deemed unable to connect to a sewer, it will kill any effort to have a sewer system passed. Ms. Craghead stated that the County could record a release of the TDC if the Commissioners so approve at the time. The restriction only keeps the property owner from removing the TDC. Mr. Dryden said that the Road Department took all of the unbuildable lots into account to do a local improvement district. The local owners still have to bear the cost of the road improvements. He feels there will never be a sewer district in this area. Ms. Craghead stated that the statement in the documents applies to what the DEQ requires. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 4 of 13 Pages Judy Forsythe said she talked with Catherine Morrow and got some clarification on this issue. She said there seems to be some confusion on whether the TDCs can be transferred or are reversible. She would like to talk with the Board about this issue later. Commissioner Daly said that it appears that this depends on the circumstances. DALY: Move approval of the documents, subject to signature of County Administrator to fill in the blanks as needed. MELTON: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 8. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance No. 2008-007, an Amateur Radio Facilities Text Amendment. Ms. Craghead stated that this was not supposed to be a public hearing and was not noticed as such. There are a couple of errors in the Ordinance, so she asked that this item be postponed until next Monday's meeting (April 30). Written comments can be submitted; however, these comments cannot be considered as part of the record. 9. Before the Board was a Public Hearing and Consideration of Approval of Document No. 2008-120, an Application for an Outdoor Mass Gathering Permit for an Event in Tumalo (Applicant: 4 Peaks Presents). Kristen Maze said the request was for eight days, with two days of music. This would include camping, parking, food and drink for up to 3,000 people. A second permit was requested at this location. There are two additional parcels; adjacent to the west is a pass-through, and adjacent to that is property used for overnight camping. This is not a land use permit, so the zone is not a consideration. Notice was sent and published, and the conditions are outlined in Code. All conditions of approval are listed, including those regarding health and safety. The applicants requested that the Board waive the requirement for an ambulance on site, and want to use amplified music until 12 midnight. There seems to be significant concern from some local residents. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 5 of 13 Pages Commissioner Luke said that after the event last year, he learned that comments were received from neighbors and the Sheriff's Office investigated. It is his understanding that there will be a total of 1,400 people or less. Ms. Maze stated that the permit allows up to 3,000 but they are expecting double from last year, bringing it to about 1,400. Commissioner Daly asked if an outdoor mass gathering depends on zoning. Ms. Craghead replied that it is allowed if there are 3,000 people or less; the law allows the County to define what an outdoor mass gathering is. She quoted the ORS in this regard. Commissioner Luke stated that this number of people on a piece of ground in July will make it hard to farm, and it is in farm deferral. He added that they should not expect an answer today, as he is not ready to vote on it. Commissioner Melton said that under farm deferral, the owner is not supposed to gain from a non-farm use. She'd like more clarification. Ms. Craghead advised that she will have to look into that relationship. Ms. Maze said that per previous discussions, it was determined they would be allowed to advertise as long as they didn't advertise the site. The adverting with the location has not yet been released. If this is not approved, it would be their burden to find another location. Ms. Craghead added that Code talks about outdoor mass gatherings but not specific sites. Commissioner Luke asked if there are ADA requirements. Ms. Craghead replied that there are no building permits required and this is not addressed in statute. It would be enforceable by individuals only; any suit would be against the promoter, and the County would not be involved. Commissioner Daly pointed out that a letter from Mr. Silver quotes ORS statues in regard to 120 hours; the County has changed this. Ms. Craghead clarified that it is 120 hours by statute if there are more than 3,000 attendees; the County's has more than 120 hours allowed if there are less than 3,000 attendees. Sheriff Blanton stated that he is not in favor of the application for several reasons, some of which were already mentioned. Citizens have built facilities to accommodate activities this. He has never met the promoter, who cannot predict or guarantee the behavior of the attendees, and whether they will behave themselves and turn the music off. The event wasn't a problem last year but the attendees had car stereos on all night. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 6 of 13 Pages Further, rural roads are not meant to handle this volume of traffic. There is security for the event, but they cannot enforce the law. It is a burden on the Sheriff's Office. Commissioner Melton asked how long camping would be allowed. Ms. Maze replied that it would be Friday, Saturday and Sunday until noon. The permit requests eight days, including setup and cleanup. The actual event is two days. Lt. Gary Decker stated that he compiled a list of complaints from last year as received by the dispatch center. There were nine total complaints, with three on Friday, and all were related to noise. Also, the performers used fire; and there was music as early as 7:30 a.m. on Sunday, which was not part of the event. The Friday session went beyond 2:30 a.m.; there was no complaint at the time but this was brought up later. Sheriff Blanton stated that often complaints come from more than one person. If an event is permitted, the Sheriff's Office can just log the information unless there is criminal activity. Commissioner Daly asked if there is a way to measure the level of the sound and what would be substantial enough to take action. Lt. Decker replied that a meter would have helped justify the complaint. Ms. Craghead said that 70 decibels is allowed up to 10 p.m., and 50 after 10 p.m. But there is a consideration of regarding how many feet. Commissioner Luke stated that sound travels differently in the country. Commissioner Daly said that the Family Motor Coach group rents property in EFU zones to park vehicles. This is allowed although there can be some traffic issues. There needs to be consistency in what is allowed. Ms. Craghead stated that the event is the camping and the music, not the use of car stereos. Sheriff Blanton said that his department will accommodate whatever as the Commissioners see fit. Tom Wright, the EMS Coordinator for the city, stated that the applicant asked for a waiver so they don't have to have an ambulance present. An ambulance is there for transport, and someone can get immediate care and be stabilized. Some insurance companies demand that an ambulance be present. But there is no guarantee that the Tumalo Fire Station would be manned. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 7 of 13 Pages There are no guidelines on the number of doctors or nurses needed. There are other situations that worry him more, like the thousands of ATV's in the desert with no medical station. The comfort level would include a doctor and nurses, not just a medical person. If the ambulance takes someone away, the doctor and nurses would have to stay at the site. Representatives of 4 Peaks Presents discussed the predictability of events such as this one, and the concerns of the Sheriff. They pointed out that an ordinance is in place with strict guidelines on what can take place in EFU zones, and those guidelines help them to have a smooth event. It is not possible to foresee everything at a large event. There were no fights or citations issued last year; just a few noise complaints. Parking was free and there were no parking issues. They did go past 10 p.m. on Saturday night, but were within the constraints of the permit, and shut down when the Sheriff stopped by; however, the decibels were under 50, as required. They added that this event not only brings in music, but culture, art and other benefits. A lot of local businesses receive income when these types of events take place, which helps the local economy. No livestock was harmed. They stated that they requested a Deputy be stationed at the gate with a decibel meter. Last year the event conflicted with the County Fair. Since then some other neighbors have offered the use of their properties; one of those people testified against the event last year. This is a positive community event and not a threat to the community. Commissioner Daly asked if a decibel meter would be manned all the time. The representative replied that they would be checking it throughout the day at the street behind the stage. Most of the neighbors that are affected are in that area, and sound travels down the gully and up. However, Kristen Maze came out and said she could barely hear the music behind the gully. Will Nash addressed the ADA requirements. Some attendees were handicapped but didn't have much trouble getting into the venue. They have gotten a few calls this year asking about the setup. Handicapped parking is available. They don't offer a shuttle but ask that people be prepared to travel over some rugged terrain. Commissioner Daly said that the land is in farm deferral, and asked what kind of crops are grown there. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 8 of 13 Pages The applicant said he was not aware of any crop being grown on the properties; the main property utilized last year is used for raising horses. The lower half of the property was not utilized; the upper half is in hay production. The camping area had been used for livestock and it appears no crops are grown there. The event won't affect any growing crops, as most of it appears to be used for grazing. Mr. Nash stated that no open flame was used last year as it is not permitted. Some dancers used LED lights on ropes, which might have looked like fire dancing but it wasn't. There was no open flame. Commissioner Melton asked about the proximity of the stages to the homeowners in the area. The representative replied that the main stage is close to Tumalo Reservoir Road, approximately 120 feet from the road. The stage was located where it is to point it down the gully. Both stages point up the gully, away from homes, and hillsides surround them. It is possible to still hear the music but it would be below the decibel level permitted. Ms. Craghead stated that she disagrees with the applicant. The 1,000 feet has nothing to do with noise; no event is allowed within 1,000 feet of a residence. This does not exclude noise control rules; the decibels could be low but there could still be a violation. Commissioner Melton pointed out that no noise permit is before the Board now. The applicant said he was under the impression that this Code stands alone. Ms. Craghead noted that they may be separate ordinances but one does not necessarily supersede another. Both need to be considered. Commissioner Luke added that the closest you could come to this is the Christian Life Center amphitheater and the Bend airport permit. The noise ordinance is a law and if it is not superseded, has as much precedence. He added that he is having a problem extending the event past 10 p.m. He has experienced the events at the Les Schwab amphitheater, and knows that the noise travels a long way and penetrates homes. People who can't sleep tend to call the police more often. Commissioner Melton said that she thinks the one in the city falls under the 10 p.m. requirement. Stacy Totland, one of the promoters, said that the event last year was very successful, and people who were against it then are now supportive. There are no guarantees, which is why they have paid security and medical personnel. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 9 of 13 Pages The first year was successful and they are fortunate to have the same property owners and some other neighbors now on board. The event is family friendly and can do even better this year. Mara Stein said that she supports the application. She was an attendee and a vendor last year, and was favorably impressed by the organization and planning. She was there the entire time and can attest to how these events help the area thrive. Many events start out small, but are successful and attract tourism and visitors. She supports culture and the arts. With any event there are some inconveniences, but she believes the benefits outweigh the negatives. They will look for another venue later but the overhead is too high support now, as a small event, so this attraction would be lost. She encouraged the Board to support it this year. Commissioner Daly asked if there were any altercations or other occurrences that required law enforcement response. Ms. Stein replied that there were maybe 700 people there; it was a family event with a lot of small children, and people came in from various places. She did not see a single altercation or distraction. The event was well planned and executed. Ed Whitelaw, who opposes the permit, read his statement into the record. (A copy is attached.) Harold Springs said he lives approximately 400 feet from the property line and about 1,000 feet from the stage. He was supportive of the event last year, but while the noise shut down for a while on Saturday night, it was back on after midnight. A security force was there and seemed relatively well equipped. He attended the venue twice; the first time was fine, but the second time there were family gatherings and some adults were smoking what appeared to be marijuana and the security people were unable to enforce this. He also expressed concern regarding having paramedics and medical facilities on site, since field trained staff is needed. A full-time ambulance is not necessary. In regard to ADA needs, they have to work towards meeting requirements and at how many years this may go on. If he wants to sell his property, he will have to disclose that this event takes place. If property is used for commercial events, it is no longer a farm use. He recommended that if the permit is granted, there is a strict 10 p.m. noise shut down. This impacts a lot of people. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 10 of 13 Pages Lewis Jones, Coyote Run Lane, said he measured the distance from the stage to the fence line, and it was 790 feet. He would like to see a decibel meter used. He could not have windows open or sleep well. A 91-year old man lives nearby as well. The music did not shut down until well after midnight, and there were also generators running, and radios and other music. He would like for the promoters and land owners to share some of the money with him so he can offset his taxes as well. Rita Olin said she lives about a mile from the site. She is not opposed to the event but the site. She then went on to read her statement into the record. (A copy is attached.) Commissioner Luke pointed out that there is a fee schedule that is adopted once a year and they have to abide by it. Lisa Armstrong testified that they do not make a penny for allowing the event to use their property. They want to bring together families and neighbors; a lot of people enjoyed it and had a wonderful time. Many of the neighbors were complimentary. This is one of the few events where she felt comfortable having her kids run around and play. An 82-year old neighbor was in front of the stage, having a wonderful time. The homeowners association sponsored a food fair. She said she was originally concerned about what her land would look like afterwards , since they do board horses. She walked the property afterwards with a metal detector, and did not find one piece of trash on her whole twenty acres. It is a professionally run event. The stages are located on her property. The only benefit to her was to bring people together. She feels badly about the noise concerns and hopes it can be better this year. Her kids slept without any problems and the stage faced her home. Commissioner Luke asked if the promoter owns properties in the area. Ms. Armstrong said no, but they are close friends. There is no monetary benefit to them. This is also located across the road from a pumice mine where they have been blasting for years, generating all kinds of noise. A two day event bringing families together is nothing compared to that. Gary Armstrong said that last year the promoter was invited to look at their property, and liked the deep gully. He was also concerned, as they moved to the area for the same reasons as others. They were told they had to follow the rules. They invested a lot of money to put in pasture grass. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 11 of 13 Pages He supports this event, as they did a wonderful job protecting the property and livestock. He was also concerned because people want peace and quiet and he didn't want problems with his neighbors. He went door to door to talk with them. The people living next door will donate land to be used for camping and overflow parking. Mr. Armstrong added that the area is pristine, but even with hundreds of people there not much could be heard during the day. The noise was kept mostly under control at all times. It was a very fun event with lots of children. Commissioner Luke stated that the pumice mine was there when they moved in. Someone makes money on this or no one would do it. And the event could potentially have up to 3,000 attendees. Ms. Craghead said that the distances between the stage and the dwellings needs to be at least 1,000 feet. The applicant said they would move the stage if needed to keep the distance. He pointed out again the positive economic impact of this type of event to businesses and the County. Commissioner Melton asked if a noise permit is required to allow music until midnight. Ms. Craghead replied that this only applies when there is construction, like at the Bend Airport. The Code reads that it can be 70 decibels until 10 p.m. and up to 50 decibels until midnight. Ms. Craghead explained that this is a quasi-judicial decision, so if the hearing is closed the Board can only consider the record. It was decided that a work session would be scheduled to discuss the issue, and the Board would consider a decision at their May 5 Board business meeting. Oral testimony was closed, but the written record was left open until May 2, 2008 at 5:00 p.m. 10. ADDITIONS TO THE AGENDA The Board discussed whether a Monday morning meeting should be added on the third week, which is traditionally skipped. Dave Kanner suggested doing land use meetings in the afternoon so there is less pressure to be done by noon. The Board decided that an additional land use meeting would be scheduled for that Monday, but it will be at the usual 10:00 a.m. time. Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 12 of 13 Pages Being no further items to come before the Board, Chair Luke adjourned the meeting at 12:15 p.m. DATED this 21St Day of April 2008 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Dennis R. Luke, C air Tammy, ` aney, V ce hair Minutes of Board of Commissioners' Business Meeting Monday, April 21, 2008 Page 13 of 13 Pages J11~ IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: f &,-Iv, Mailing Address> f Phone E-mail Address:; F Date: Subject:r~~ oa,~A_ - IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Mailing Address: 22- I Phone < s;°a L~,~~ r E-mail Address: fli A1 5,P0 Date: Subject: JN~ I ` card & turn it in to a County staff person. Name: R- f A r/1!/, Mailing Address: 0 ,5~''Y 3IS-- )3-&,\-d o e ,--7 d~- Phone S c//- 3 Y 3-.;~ 0 E-mail Address: Date: T112.116~ Subject: IF YOU WISH TO TESTIFY IF Please YOU complete WISH this TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Mailing Address: &y,y Phone 3g.3 E-mail Addre ss: z-A Date: Subject: I F YOU WISH TO TESTIFY Please complete this card & turn it in to a County sta f person. Name:_ Mailing Address: Phone 217-- E-mail Address: Date: Subject: tt IF YOU WISH TO TESTIFY Please complete this card & turn itkto.a County stiff person. , Name: Maili A dress: Phone E-mail Address: Date: ~ c," / l Subject: IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: j4 { v i<,, 7re--. Mailing Address: ~sL ~ ~t 120~~ 77yc Phone E-mail Address: r«<Q~ y k Date: At A~:',1 a Subject:-. ieu _ IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: ly, i , Mailing Address: )5"f? C h 7- 40 1:7 1-11 d C-1 0? 7 Phone ~f-a j - 79, E-mail Address: Date:- Subject:-*,I ~7-17a e~ IF YOU WISH TO TESTIFY r.~ Please complete this card & turn ' 4L/ it in to a County staff person. ame: &qeL-x--t, F(u Kk G S Mailing Address: y9gS-0 - LE I r 1) 61 (Z Phone g - 7 1 E-mail Address: Date: Y /O/ /vc- Subject:`..,. IF YOU WISH TO TESTIFY Please complete this card & turn it in t a County staff person. Name: c,~e Mailing Address: `.-7I' Phone "T '41 97 t7l 0, E-mail Ad res : X3 6)-, Date:' Subjec o"o ,L_)/0 A IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: 1 yv~ tV ir, k4 Mailing Address: -1-Li -L e"I v' J Q 0= ell- A-1`) 0 2 Phone z L 3 e 7 E-mail Address: v~`"~'"-~- Date: Subject: PC. , rL:, - Ar, k r v IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name:L Mailing Address: i Phone E-mail Address: vV,, t,,, L,6 LL Date:, a F c z Subject:' f IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Will ~A,44 Mailing Address: pb~ -ILI u- QJ- 0 Phone E-mail Address: w-\( ~ G Date: ~91 .Subject: 'Nk(: F YOU WISH TO TESTIFY Please complete this card & turn it in to a County s~ erson. l ln Name:( Mailing Address: Phone ~b U E-mail Address: Maya - Pd ro Date: Subject: 4 Q\fA r~ 5 tvf,~ IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: 921e NAL Mailing Address: Cr~S~il~z~ Phone bn- /o6l E-mail Address: e rs-c%a ~ Date: ill z i o~ Subject: c J0 "C ~ Q M J no U - 0 w ~ v s UN c 0 U FOSTER RD WQ W 00 /1 c N O m ca v v 0 6 U) c c O O U U c .N, J O c J N C 0 d J NI N311AVW r 04.20.08 Commissioners: PLEASE, do not sign the following document: Coming before you Monday morning, April 21, 2008 is a Request for Consideration of Board Signature of Documents 2006-148 and 2008-149, "Release of TDC restrictive covenant and grant of Replacement TDC Covenant" for Robert and Margaret Dryden. (Please note there is a typo in your documents: I believe this should read: 2008-148 and 2008-149). These two properties, Lots 5 and 6 in Block 88 of Deschutes River Recreation Homesites were sold at County auction in 2006 with restrictive Transferable Development Credit (TDC) covenants to prohibit the placement of onsite sewage treatment systems on these lots which the county deemed "environmentally sensitive". What has changed in two years that now makes Lots 5 & 6 no longer "environmentally sensitive"? Please note 3.7 Extinguishable: Please ask to see a map of these properties specifically and see in what proximity they are to area that will most likely be sewered in the future, thereby this contract, and allowing development on ALL FOUR (4) LOTS, and/or their proximity to a river. Are these lots environmentally sensitive or not? Irregardless of proposed lot line adjustments, the County has maintained all alona that TDC's were irreversible (incaaable of being reversed), per Tom Anderson's most recent appearance at the Financial Advisory Committee meeting in LaPine on March 20, 2008. If the County felt it necessary/prudent to place TDC's on the two lots in question, Lots 5 & 6, prior to auction in 2006, in order to prohibit placement of onsite sewage treatment system, that covenant should not be removed. It appears that the Drydens are now hopeful of building exactly where the County has P restricted growth within the past two years, because the properties were deemed, 'environmentally sensitive', and it appears the Planning Department and Legal Departments have already approved the lot line adjustment pending your signatures Monday morning. What is going on here? Does the TDC covenant mean nothing? Please read carefully: the Drydens are asking to combine Lots 5 & 6, and be allowed to use a septic system on one of these two lots, where it is 'currently prohibited'. (It matters not that they own two other lots without TDC's). What they are asking to do is unlawful and should not be allowed. How many other property owners are going to be allowed to do the same thing? There are enough questions regarding that "auction sale in 2006" (and the fact that all of those properties had their development rights 'stripped' to close out the TDC program)... to raise some serious concerns; the County should seriously consider the implications of today's request. I do not fault the Drydens; I do fault the County for what could appear to be a-kin to possible 'insider trading' practices and/or collusion. Also, please note: The opening paragraph of the legal document you are suppose to sign does NOT even mention Lot 6. Either the TDC's are irreversible, as Tom Anderson says, or they are not. The County's action today will speak loud and clear that either the rules were made for everybody or they only apply to a certain populace of the County. Is the County's WORD to be trusted, or is it subject to change, at will, when it benefits certain individuals and fits into the kind of 'development' some in the County want to see? This has the appearance of a 'precedent' being set. Please do NOT sign this request Monday morning, April 21, 2008. Please take time to investigate and clarify both the intent and purpose of the TDC covenant, and your staffs comments on the subject. And, before a decision is made on this TDC transfer case, I would appreciate notice of your reasoning and if this matter will be re-scheduled for a later date, so I may attend. 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: April 10, 2008 HEARING: April 21, 2008 SUBJECT: Public Hearing for an Outdoor Mass Gathering, OMG-08-01 Purpose The Deschutes Board of County Commissioners ("Board") will hear testimony at a public hearing to consider a proposal by 4 Peaks Presents LLC for an Outdoor Mass Gathering (OMG) application to hold a bluegrass music festival on two parcels, a 19 .5 acre parcel for music and vendors, and an adjacent 30 acre parcel for overnight camping in the Bend/Tumalo Reservoir Road area. Applicant Proposal The applicant, 4 Peaks Presents, LLC, is proposing to hold a bluegrass music festival at the Rockin "A" Ranch located in the Exclusive Farm Use Zone (EFU) within the Tumalo/Redmond/Bend Subzone. The adjacent 30 acre parcel located at 19345 Tumalo Reservoir Road will contain overnight camping and parking associated with the music festival. This application is not a land use application; therefore it is not subject the EFU zoning regulations (ORS 197.010.10[d]). The proposal is to provide camping, parking, food and music for an estimated 3000 people including staff and vendors. Set up for the event will begin Tuesday July 22, 2008 and end on with break down and clean up by Wednesday July 30, 2008. The music festival will take place on Friday and Saturday, July 25 and 26, 2008. Camping will be provided from Thursday evening July 24, 2008 until Sunday afternoon July 27, 2008. The Rockin "A" Ranch is a 19.5 acre property delineated by white rail fencing around the perimeter. It currently contains a main house, and a guest house with attached horse stables/barn. The property fronts on Tumalo Reservoir Road to the north and beyond the road are residential parcels located among Juniper and Sagebrush vegetation. Adjacent to the east is Quality Services Perforfned with Pride a residence that is separated by High Mowing Lane. To the south and west are large properties with irrigated pastures and residences. The music festival property is located on property identified on Assessors Map #17-11-1, as tax lot 200, owned by Gary and Lisa Armstrong. The proposed music festival site contains approximately 9 acres of parking along the eastern portion of the property with the remaining property devoted to the band performance area; vendor and sanitation area. The west portion of the property has a swale which dips towards Tumalo Reservoir Road. The applicant's are not proposing any permanent structures with this application. A 20 foot fire lane is proposed along the western property line that connects to the 20 foot access to the tent camping sites. A 20 foot fire lane that encompasses the two proposed parking pasture areas (Pasture 1 and 2). In addition, to the Rockin "A" Ranch the applicant is requesting the use of the two adjacent parcels to the west. The parcel directly adjacent to the ranch is McClaskey Acres; this parcel is a 17 acre parcel that is proposed to be used as a 20 foot wide access to Warbington Ranch which the applicants are proposing to use for overnight camping. McClaskey Acres is owned by Diana McClaskey which is flag-lot shaped parcel that lies between the Warbington Ranch and the Rockin A Ranch. The proposed access will be 20 feet wide that extends approximately 250 feet across the 17 acre McClaskey parcel and connects the Rockin "A" Ranch to the Warbington Ranch. This property is identified as Assessors Map # 17-11-1, tax lot 404. This parcel is currently used for growing hay. Warbington Ranch is a 30 acre parcel that is clear of trees with undulating terrain. The ranch contains a house that fronts on Tumalo Reservoir Road with the remaining acreage devoted to horse pasture land. The overnight camping sites are located on property identified as Assessors Map # 17-11-1, tax lot 201, and is owned by Rebekah and Martin Warbington. The camping sites will be contained on the rear portion of the 30 acre ranch. The surrounding land uses are similar to the adjacent Rockin "A" Ranch property with large residential parcels to the west and south, and a surface mine site owned by Tumalo Irrigation District located north across Tumalo Reservoir Road. The applicants are requesting a waiver from the requirement to maintain an ambulance on the festival site and to the hours of operation. A letter submitted by Tom Wright of the City of Bend Fire Department states that Tumalo fire station located 1.5 miles from the festival site will have a full time ambulance and a two person paramedic crew in the event of an emergency. The applicant's other request is to operate beyond 10:00 pm with amplified music. They are requesting to amplify music to 70 decibels until 12:00 midnight for the two nights of the event. The applicants have stated in their waiver request letter that "because of the natural contours of the festival site, the higher noise levels would have little impact to surrounding residents, but would be a major difference to the overall success of 4 Peaks Music Festival." Public Agency Comments 1. Deschutes County Environmental Health: Must turn in current water sample report for bacteria and nitrate, and must have vendors apply for temporary restaurant permit. Must follow all other environmental health requirements listed below and in the OMG Permit. 2. Deschutes County Sheriff: No Comments 3. Deschutes County Road Department: Tumalo Reservoir Road is a county road (rural local classification) with an ADT of 863 (2004 count) The applicant shall meet the requirements of DCC section 8.16.250 2 4. City of Bend Fire Department: Comments are listed below and incorporated into the conditions of the OMG permit. Outdoor Mass Gathering Requirements/Criteria Deschutes County Code Chapter 8.16 provides approval criteria for an Outdoor Mass Gathering permit. The proposed application complies with the permit requirements and approval criteria outlined in DCC 8.16 below. 8.16.160 Insurance Deschutes County Risk Management has reviewed and requires the following: 1. Fourteen days prior to the event 4 Peaks Presents shall obtain and provide the Community Development Director a Special Events Insurance policy that provides general liability of $1,000,000 per occurrence naming the County as an additional insured. The policy shall provide payment of claims within the 180 day period after the scheduled termination of the event. The applicant has submitted a Certificate of Insurance for 4 Peaks Presents, LLC to Risk Management 8.16.170 Sanitary Facilities Environmental Health reviewed and approved the proposed application provided the following requirements are met; 1. The applicant shall provide 1 toilet per every 100 attendees. The applicant has contracted with Advance Systems Portable Restrooms to provide the required facilities. 2. Hand washing facilities shall be provided including 5 double sinks with running water and soap. 3. Water shall be provided via bottled water and potable well water with a faucet manifold attached. Backstage water will be provided via a holding tank with faucets approved by Environmental Health. 4. Waste collection and removal shall be provided by Bend Garbage. 5. Food service shall be provided by licensed vendors and restaurateurs. Each food vendor shall apply to the County for a temporary restaurant license at least 2 days prior to the event. 6. All vendor tents shall comply with the standards set forth by the City of Bend Fire Department. 8.16.190 Fire Protection Standards The City of Bend Fire Department reviewed the application and set the following conditions of approval: 1. The applicant shall provide the fire department a final site plan of the event. 2. City of Bend Fire Department shall conduct a final site inspection prior to event. 3. The applicant shall provide 20 foot wide emergency access roads to parking, tent, vendor, public areas and buildings. The emergency access roads shall remain open at all times. 4. Access points to the property and various parking and vendor areas shall be labeled on the site plan that required for approval. 5. All tents, canopies and temporary structures shall show proof of compliance with all fire code requirements and shall require a fire safety inspection prior to approval. 6. All food preparation, wok and frying operations shall be in compliance with the fire code. 7. All vendors that cook or have open flames shall have a 2A 10B:C fire extinguisher. 8. All vendors that cook with deep fat frying operations hall have a class K type fire extinguisher. 9. All propane tanks or other compressed gas shall be secured from tipping over to prevent damage and rupture. 10. All tents shall post NO SMOKING signs within and on exterior of tents. 11. Applicant shall provide a safety officer responsible for enforcing all safety requirements. 12. The proposed event shall comply with all medical facilities requirements under the County Code and all Fire Codes. 13. Campfires, bonfires and other recreational open burning are prohibited. 14. Tents and canopies shall not be located within 20 feet of lot lines, buildings, other tents, canopies, parked vehicles or internal combustion engines. 15. RV's shall be parked a minimum of 10 feet apart. 16. Generators shall be a minimum of 20 feet from the tents and shall be isolated from public contact. 8.16.190 Medical Service The Bend Fire Department requires that the applicant shall provide one ambulance and a first aid station staffed by two adults trained in first aid techniques for the duration of the event. 8.16.200 Public Safety The Oregon Liquor Control Commission and the Deschutes County Sheriff have review and approved the proposed security for the music festival. Security for the event will be provided by Roy Nowell. Mr. Nowell's company currently provides security for the Domino Room and the Midtown Ballroom in Bend. 8.16.210 Parking Facilities The proposed site plan shows approximately 9 acres of day pass parking including overflow parking area. The site plan also indicates parking shall be provided for tent camping sites. Deschutes County Sheriff Department has reviewed and approved the applicant's site plan for parking with no revisions. 8.16.220 Permit-Posting Upon approval by the Board of County Commissioners, Deschutes County will provide the applicant with permits and conditions of approval to be posted in a conspicuous spot on the property during the course of the event. 8.16.230 Inspection of Premises The applicant and/or property owner will provide access to the premises for inspection purposes by law enforcement, public health and fire control officers based on the terms and conditions of the permit. If deficiencies are identified following an inspection the inspector may return as often as need until the deficiencies are cured. If the deficiencies are not cured and cannot be cured then the County Sheriff may terminate the Outdoor Mass Gathering. 8.16.240 Restricted Hours of Operation The event shall not be conducted within 1000 feet of any residence between the hours of 12:01 am and 9:00 am, and shall not be conducted in all areas between the hours of 2:00 am and 9:00 am. The proposed camping will take place at the Warbington Ranch site located on the rear portion of the parcel. The use of amplification shall be regulated so that it will not interfere with the normal residential us or permanent place of human habitation unless written consent is obtained from all affected persons. 1. The applicant proposes that the concert and vendors shall operate between the hours of 10:00 am and 12:00 pm. 4 2. The concert shall not exceed 50 decibels after 10.00 pm, as measured upon the A scale of a standard sound level meter on affected property. 3. Camping hours will be ongoing for the duration of the event from Thursday July 24, 2008 until Saturday night July 26, 2008. 8.16.250 and 260 Organizers Responsible for Preserving Order and Enforcement 1. The burden of preserving order to the proposed event shall be with 4 Peaks Presents, LLC. 2. The applicant shall keep a reasonable count of persons and vehicles entering the event. 3. The number of attendees shall not exceed the estimated attendance by 10 percent. The total number of attendees including musicians, vendors, staff, and security shall not exceed 3000. 4. All debris will be removed within 72 hours after the event termination. All temporary structures shall be removed within 3 weeks of event termination. 5. Security will be in place at all times. The number of security personnel will vary depending on crowd size. The maximum on duty shall be 19, with a minimum of 9. 6. Certified traffic flaggers will be posted on Tumalo Reservoir Road at all times during the event. 8.16.270 Intoxicating Liquor Prohibited No person shall be permitted to bring alcohol onto the premises. 1. 4 Peaks Presents proposes to sell beer and wine on the premises. They have applied for a Temporary Sales License from the Oregon Liquor Control Commission. 18.16.280 Narcotic and Dangerous Drugs Prohibited No narcotic or dangerous drug use will be permitted at the premises. Review Criteria Deschutes County follows the criteria listed in DCC Titles 8 for reviewing an Outdoor Mass Gathering application. 4 Peaks Presents bears the burden for justifying that the Outdoor Mass Gathering for the bluegrass music festival is consistent with DCC Title 8, and state law. The applicant has submitted the necessary information that meets the requirements for an Outdoor Mass Gathering permit. Public Notice Public notice was sent to property owners within 750 feet for the proposed outdoor mass gathering location property lines and will be published in the Bend Bulletin at least ten days prior to the public hearing. Conclusion Staff has received letters in opposition to the proposed Outdoor Mass Gathering that are attached for review. Issues outlined in the letters include; ■ Impacts to the quiet rural life style and economic considerations for locating the event at a county owned center. ■ Outdoor mass gatherings allowed in the EFU zone. • Traffic on Tumalo Reservoir Road during the event. 0 Safety with the added camping site on the adjacent parcel. ■ Noise level and time could disturb neighbors and animals. ■ Duration of the OMG permit longer than 120 hours. • Potential for this festival to be an annual event at the proposed location. ■ Advertising prior to the approval of the OMG permit. Attachments: 1. Assessors Map 2. Site Plan 3. Application Form and waiver request letter. 4. Letters in Opposition 6 REVIEWED LEGAL COUNSEL For Recording Stamp Only OUTDOOR MASS GATHERING PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND (541) 388-6575 LOCATION: 19449 TUMALO RESERVOIR ROAD 19345 TUMALO RESERVOIR ROAD AND 64343 HIGH MOWING LANE OWNER: GARY AND LISA ARMSTRONG REBEKAH AND MARTIN WARBINGTON AND DIANA McCLASKEY TYPE, DATES & TIME OF EVENT: BLUEGRASS MUSIC FESTIVAL, JULY 22 2008 - JULY 30 2008 OPERATOR: 4 PEAKS PRESENTS PHONE 541 598-5570 PERMIT BECOMES NULL AND VOID IF EVENT OR GATHERING HAS NOT STARTED ON THE APPROVED DATE. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE EVENT OR GATHERING IS COMPLETE. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW ENFORCEMENT, PUBLIC HEALTH AND FIRE CONTROL OFFICERS 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 (OMG-08-1) The Board of County Commissioners approves the 4 Peaks Presents' application for an Outdoor Mass Gathering permit based upon the attached requirements incorporated by reference herein and subject to the following conditions. CONDITIONS OF APPROVAL 1. Fourteen days prior to the event 4 Peaks Presents shall obtain and provide the Community Development Director for approval a Special Events Insurance policy that provides general liability of $1,000,000 per occurrence naming the County as an additional insured. The policy shall provide payment of claims within the 180 day period after the scheduled termination of the event. 2. The applicant shall provide 1 toilet per every 100 attendees. The applicant has contracted with Advance Systems Portable Restrooms to provide the required facilities. 3. Hand washing facilities shall be provided including 5 sinks with running water and soap. 4. Drinking Water shall be provided via bottled water and potable well water with a faucet manifold attached. Backstage water will be provided via a holding tank with faucets approved by Environmental Health. 5. The total amount of water for drinking and hand washing shall be at a rate of twelve (12) gallons per person per day. 6. Waste collection and removal shall be provided by Bend Garbage. 1 4 Peaks Presents OMG Permit-08-1 (April 21 2008) 7. Food service shall be provided by licensed vendors and restaurateurs. Each food vendor shall apply to the County at least 2 days prior to the event. 8. All vendor tents shall comply with the standards set forth by the City of Bend Fire Department. 9. The applicant shall provide 20 foot wide emergency access roads to parking, tent, vendor, public areas and buildings. The emergency access roads shall remain open at all times. 10. Access points to the property and various parking and vendor areas are required for approval. 11. All tents, canopies and temporary structures shall show proof of compliance with all fire code requirements prior to approval. 12. All food preparation, wok and frying operations shall be in compliance with the fire code. 13. All vendors that cook or have open flames shall have a 2A 10B:C fire extinguisher. 14. All vendors that cook with deep fat frying operations hall have a class K type fire extinguisher. 15. All propane tanks or other compressed gas shall be secured from tipping over to prevent damage and rupture. 16. All tents shall post NO SMOKING signs within and on exterior tents. 17. No portable heating or cooking devices allowed within tents or canopy. 18. Applicant shall provide a safety officer responsible for enforcing all safety requirements. 19. The proposed event shall comply with all medical facilities requirements under the County Code and all Fire Codes. 20. Campfires, bonfires and other recreational open burning are prohibited. 21. Applicant shall provide a first aid station staffed by two adults trained in first aid techniques for the duration of the event. Ambulance service shall be provide by Tumalo Station 1.5 miles from the festival site 22. Security for the event will be provided by Roy Nowell. 23. Applicant shall adhere to the proposed site plan that shows approximately 9 acres of parking including overflow parking area. 24. Applicant shall post this permit in a conspicuous spot on the property during the course of the event. 25. The applicant and/or property owner will provide access to the premises for inspection purposes by law enforcement, public health and fire control officers based on the terms and conditions of the permit. If deficiencies are identified following an inspection the inspector may return as often as need until the deficiencies are cured. If the deficiencies are not cured and cannot be cured then the County Sheriff may terminate the Outdoor Mass Gathering. 26. The event shall not be conducted within 1000 feet of any residence between the hours of 12:01 am and 9:00 am, and shall not be conducted in all areas between the hours of 2:00 am and 9:00 am except for the designated overnight camping area. 27. The burden of preserving order to the proposed event shall be with 4 Peaks Presents, LLC. 28. The applicant shall keep a reasonable count of persons and vehicles entering the event. 29. The number of attendees shall not exceed the estimated attendance by 10 percent. The total number of attendees including musicians, vendors, staff and security shall not exceed 3000 during the course of the event. 30. Attendance at the event may not exceed 3000 for all days and times combined unless Owner/Operator apply and receive approval for an Extended Outdoor Mass Gathering permit. 31. All debris will be removed within 72 hours after the event termination. All temporary structures shall be removed within 3 weeks of event termination. 32. Security will be in place at all times. The number of security personnel will vary depending on crowd size - maximum on duty 19, minimum is 9. 33. Certified traffic flaggers will be posted on Tumalo Reservoir Road at all times during the event. 34. No person shall be permitted to bring alcohol onto the premises. 35. No narcotic or dangerous drug use will be permitted at the premises. 2 4 Peaks Presents OMG Permit-08-1 (April 21 2008) 36. The applicant shall meet the requirements of DCC 8.16.250, Public Safety. DATED this day of ATTEST: Recording Secretary 2008. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair TAMMY MELTON, Vice Chair MICHAEL M. DALY, Commissioner 4 Peaks Presents OMG Permit-08-1 (April 21 2008) n N Q ti 1.711.40 r r- . Ok L. fill z i • ~r m U 4 ja Page 2 of 2 Ph: 541 583-6701 rax 541 585-1761- From: Rita Olin [mailto:rmoranch@yahoo.com] Sent: Tuesday, April 08, 2008 8:29 AM To: Kristen Maze Subject: Four Peaks Music Festival Dear Kristen, Thanks so much for your time yesterday. Your information and insight was very helpful. I am faxing you a letter to review and send on to the commissioners. We do plan to be at the work session tomorrow. It would be helpful if you could give us an estimate of the time you think that this issue will go before the board. Thank you, Rita Olin You rock. That's why Blockbuster's offering you one month of Blockbuster Total Access, No Cost. Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 4/15/2008 APR-02-2002 02:01 AM R OLI i M COSTELLO 541 323 2146 P.01 Page 1 of 1 April 8, 2008 Kristen Maze Re: Four Peaks Music Festival, Outdoor Mass Gathering Permit I live in the Tumalo area and am adamantly opposed to the Four Peaks Music Festival "Mass Public Gathering" permit being approved. I, like most people who live In this area, chose this area for the express purpose of avoiding large public gatherings, noise and heavy traf 1c, all occasionally or commonly aspects of a more urban life style. We seek a pastoral life style where roads are frequented by walkers and bicyclists, pastures are home to livestock and lights go out early. I would have been pro-active last year except I did not hear about the Festival until the permit had been approved- Central Oregon has several sites that have been expressly developed to house events such as the Four Peaks Music Festival: Deschutes County Expo Center, Sisters Rodeo Grounds, Les Schwab Amphitheater, Crook County Fair Grounds and perhaps others. The Four Peaks organizers have made it abundantly clear that their intent is to grow this event to international proportions. The fact that they do not want to pay to rent the available facilities should not foist burdens on their neighbors. An alarming precedent is being set when one can by-pass all the conditions of an EI^U zoned neighborhood to meet the interests of one land owner. It appears the commissioners are missing a viable economic asset to the county coiffers by by-passing the county owned event center that was expressly built and paid for by the tax payers of Deschutes County to house just such large events. As a tax payer, t encourage the commissioners to look at this perspective. The gait proceeds at minimum, given the information available, for 3000 attendees at the current "super early bird" rate of $64.50 per person are close to $200,000_ Given the $98.50 ticket price on the day of the event brings proceeds much higher. In addition the $790 county permit fee (for a Mass Public Gathering) will hardly cover Deschutes County planning staff time, Deschutes County public health and police services and emergency/fire staff time that are required for this event all or much of which would not be part of the burden to tax payers given the use of a different site. It is my sincere hope that the county commissioners will consider the dire impact that the Influx of 3,000 people have on a quiet, rural life style as well as economic considerations outlined above when making their decision regarding this application. Thank you, Rite Olin Tumalo April 8, 2008 Board of County Commissioners Community Development Department Deschutes County 117 N. W. Lafayette Bend, Oregon 97701 Dear Board Members, I am writing to you on behalf of myself and my wife as we live in Tumalo just down the street from where the Four Peaks Music Festival was held last year. The "Festival" is applying for a permit to hold this event again this year and we are adamantly opposed to allowing this event to occur. 1) This event is a total invasion of our privacy and our life style here in quiet little Tumalo. 2) The land that this event is being held on is Exclusive Farm Use property. I would like to know where in the statute is it written that "Outdoor Mass Gatherings" are permitted on exclusive farm use property, especially due to the fact this is a "for profit" commercial business event. 3) We are very concerned about the amount of traffic that will be on Tumalo Reservoir Road during this event as many bicycle riders will be on this road throughout the summer months and this event will definitely pose a threat to human life. 4) We are also concerned about the safety issue this event will present as an additional 30 acres of land will be used for camping for upwards of many hundreds of people. If there is any smoking, cooking or fires during the event, surrounding forested properties will be at risk for a potential fire. Will any personnel from the fire department be on site during the entire 2 day event? Will any personnel from the health department be on site to make sure there are no health threats for food consumed? 5) In addition, we are feel the noise level could be a disturbance to ourselves and our animals. We are also of the understanding that the permit applied for is from July 22°d thru July 30'h. This adds up to a grand total of 192 hours and according to LUBA (Land Use Board of Appeals) it stipulates in their headnotes on their website the following: "46. Outdoor Mass Gatherings.-Local government decisions authorizing the large outdoor gatherings defined at ORS 433.763(1) that will last more than 120 hours are subject to local land use regulations and are land use decisions subject to LUBA review. Landsem Farms v. Marion County, 44 Or LUBA 611 (2003)." This clearly indicates that the "Festival" would have to amend their request for a permit to limit them to 5 days or one would assume they could not be issued a permit. In addition, several neighbors were told last year by the people putting on the event that last year was the one and only time that Four Peaks Musical Festival was going to operate at 19449 Tumalo Reservoir Road. We are now very concerned that this event will be ongoing well into the future at the above location. Page 1 of 1 Kristen Maze From: Tammy Baney Sent: Wednesday, April 09, 2008 11:43 AM To: Kristen Maze Cc: Tom Anderson; Dave Kanner; Dennis Luke; Mike Daly Subject: FW: RE: Outdoor Gathering Permit FYI...I will copy you all from now on... In Partnership, Tawtwt,iJ, (gRvLeU) Mel.tov~, Deschutes County Commissioner Office: 541 388-6567 From: mdague@bendbroadband.com [mailto:mdague@ bend broadband.com] Sent: Tuesday, April 08, 2008 6:21 PM To: Tammy Baney Subject: Re: RE: Outdoor Gathering Permit Thanks Tammy for considering our concerns. Given the fact the permit issued last yr to the promoter was a first in the County under the State's Mass Gathering Ordinance and there were no existing County guidelines, the promoter was essentially granted whatever they asked for. As you pointed out below, balance should be the goal this year. We need a framework of enforceable limitations and accountibility shouldered by the promoter and landowner in exchange for the permit. Thanks again, MD 4/9/2008 Page 1 of 3 Kristen Maze From: Tammy Baney Sent: Wednesday, April 09, 2008 11:42 AM To: Kristen Maze Cc: Dave Kanner; Tom Anderson; Mike Daly; Dennis Luke Subject: FW: Outdoor Gathering Permit Keeping you all in the loop, and for the record... the email correspondence below is from yesterday regarding the mass gathering permit. In Partnership, TTR vu vu. lU (g Gl we lu) M e [to v~, Deschutes County Commissioner Office: 541 388-6567 From: Mike Dague [mailto:MDague@bendbroadband.com] Sent: Tuesday, April 08, 2008 4:02 PM To: Tammy Baney Subject: RE: Outdoor Gathering Permit Thanks for the reply, I'll be traveling on business the 21st, unfortunately. However, here are a few general concerns many of us in the Tumalo West development share: 1) There were 2 sound stages last year, the one closest to Tumalo Res Rd was the greatest source of noise. This location should be eliminated entirely. Furthermore and most importantly, this stage was located apprx 150 ft from the home of our 93 yr old gentleman neighbor. When informed of this fact, the promoter was indifferent and unconcerned. Why not locate the stage closer to the landowner's home? Most of our homes are far closer; seems to me they're shoving this noise as far away from their home as possible. 2) Unless I'm mistaken, I understood the spirit of this mass gathering ordinance was not intended to enable an group to launch what has essentially become a "business endeavor". Vendors, overnight camping charges, ticket sales... hardly seems non-profit, benefit- in-nature which is what these promoters described to all of us a year ago as the main pupose of the concert. 3) Overnight camping. Why? We have put up with the inconvenience of noise, traffic, interruption, etc for the concert itself. Why do we must for the full duration of camping over 3 nights? The camping/parking areas last year were all noisy, particularly on the prior night set up and the early (7am) Sunday takedown. Lastly, in the first year the promoters drew apprx 500 people, they are projecting - at least from their permit limit - upwards of 3000 people. Does this permit and ordinance give the County the right to unfairly subject a neighborhood in such close proximity to a larger possible intrusion, particularly if camping is granted? Why not let these concert goers find traditional lodging within the local lodging industry. The promoters underscore the supposed "benefit" the concert brings to the local economy, 4/9/2008 Page 3 of 3 County's investigation into tidying up this process and defining what boundaries/constraints should be incumbent upon the promoter and land owners? None of us here ever heard back after several inquiries. Regards, Mike Dague 4/9/2008 Page 1 of 1 Kristen Maze From: Rick Silver [silver4250@yahoo.com] Sent: Wednesday, April 09, 2008 9:06 AM To: Kristen Maze Subject: Restrictions of the Permit Hi Kristen, I noticed last night when I was reading on Page 4 of the county ordinance for OMG that one "cannot hold, conduct, advertise or promote an OMG without an OMG permit". 4 Peaks Music Festival is clearly in violation of the permit process as they have a website promoting and selling tickets for this gathering (www.4peaksmusic.com). What recourse do we or the county have regarding this matter? Thanks for you attention to this issue I have. Sincerely yours, Rick Silver Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 4/10/2008 Page 1 of 2 Kristen Maze From: Rita Olin [rmoranch@yahoo.com] Sent: Thursday, April 10, 2008 8:09 AM To: Kristen Maze Cc: Rick Silver; Ed Whitelaw; Eloise Whitlaw Subject: RE: Four Peaks Music Festival Kristen, I would greatly appreciate some answers to the following questions: 1. Are fires and cooking allowed in the camping area? 2. Is smoking allowed on the grounds? 3. Mike Daly's question regarding 'how is a head count going to be made' is relevant. The number that was cast about yesterday regarding last year's attendance is waaay off. A number of 800-900 is what was mentioned in the newspaper and generally known in the neighborhood. 4. What power will the deputies have when responding to a complaint with their noise meter and realize a noise violation or any other violation is happening? Several of the nosie complaints last year were not sounds coming from the stage but rather the natural partying that follows this type of event.. car stereos, etc. How can this be monitered? 5. The neighbors were told last year that this was a one time event... it is thought that statement may be a part of a public record. How can that public record be checked? It was unfortunate that the commissioners had not had the opportunity to read the letters that had been provided (other than the letter sent to Tammy directly). How can we prevent that in the future? Thank you and Lorie for your time yesterday and ongoing. Rita Olin Kristen Maze <Kristen Maze@co. desch utes. or. us> wrote : Rita, Thanks for you comments I will present your letter to the Board of County Commissioners tomorrow at the work session. There is one item before the Outdoor Mass Gathering Permit and the meeting begins at 1:30. Other than this information I can't really estimate a time for you. Kristen Maze, Associate Planner Deschutes County Community Development Department > 17 NW Lafayette Ave. end OK 97701 4/15/2008 Page 1 of 1 Kristen Maze From: Rita Olin [rmoranch@yahoo.com] Sent: Thursday, April 10, 2008 2:49 PM To: Kristen Maze Subject: Re: Outdoor Mass Gathering Questions Continued Kristen, Thanks so much for your timely and helpful responses to my questions. See you on the 21 st. Rita Kristen Maze <Kristen Maze@co.deschutes.or.us> wrote: Rita, I failed to mention for your question (6.) that the only purpose for the work session yesterday was to give the Board a heads up as to what the issues are. It is not necessary for them to read the letters prior to the work session. It is not the time for them to make a decision about the permit. The Board has the letters now and has time to read them before the public hearing. The Board may receive letters as late as the day of the hearing, including at the hearing that they may need to read at that time. Kristen [Maze, Associate Planner Deschutes County Community Development Department 117 NW La♦•ayette Ave. bend QR 97701 Ph: 541 585-6701 f=ax 541 585-1764 Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 4/15/2008 Page 1 of 2 Kristen Maze From: Rita Olin [rmoranch@yahoo.com] Sent: Friday, April 11, 2008 10:42 AM To: Kristen Maze Subject: RE: Outdoor Mass Gathering Questions Continued Yes it does... thank you! Kristen Maze <Kristen Maze@co.deschutes.or.us> wrote: Rita, My staff report and conditions of approval follow the code and comply with state statute requirements. If you would like addition conditions you should suggest them to the Board at the the public hearing. The code requires the Board to determine if the organizers have complied with outdoor mass gathering conditions. The public hearing process allows for public input. OMG section 8.16.190 (E) Approval Criteria states: The Hearings Body may consider and impose any reasonable condition on a permit for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering recommended that is submitted at or prior to the public hearing by a member of the public or public official. I hope this answers your question Kristen From: Rita Olin [mailto:rmoranch@yahoo.com] Sent: Friday, April 11, 2008 9:12 AM To: Kristen Maze Subject: RE: Outdoor Mass Gathering Questions Continued Another point that needs clarification. I do not see any mention in your "Conditions of Approval" that gives neighbors' interests and concerns weight or any consideration in the process. No mention that the commissioners may denie this permit based on neighbors input. If that is true and the applicants meet the "Conditions" as written it really doesn't matter in the least how neighbors feel. A public hearing is required and public input allowed but to what avail? Is this an oversight or an intentional aspect of the permit process? Please help me understand. Rita Kristen Maze <Kristen Maze@co.deschutes.or.us> wrote: Rita, I changed that yesterday after speaking with the applicant however, they have decide now to keep it at 8 days. So the staff report for the public hearing will reflect the 8 day time frame. Kristen From: Rita Olin [mailto:rmoranch@yahoo.com] Sent: Thursday, April 10, 2008 3:09 PM To: Kristen Maze Subject: Re: Outdoor Mass Gathering Questions Continued 4/15/2008 Page 2 of 2 Another question. In reading your staff report and the Outdoor Mass Gathering Permit, the dates listed are July 24 - July 28. I thought they requested 8 days? risten Maze <Kristen Maze@co.deschutes.or.us> wrote: Rita, I failed to mention for your question (6.) that the only purpose for the work session yesterday was to give the Board a heads up as to what the issues are. It is not necessary for them to read the letters prior to the work session. It is not the time for them to make a decision about the permit. The Board has the letters now and has time to read them before the public hearing. The Board may receive letters as late as the day of the hearing, including at the hearing that they may need to read at that time. {(risten Maze, Associate Planner Deschutes County Community Development Department 1 17 NW Lafayette Ave. bend QR 97701 Ph: 541 353-6701 rax 541 385-1764 Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com You Yahoo!? A of spam? Yahoo! Mail has the best spam protection around ://mail.yahoo.com )o You Yahoo!? Fired of spam? Yahoo! Mail has the best spam protection around ittp:Hmail.yahoo.com 4/15/2008 April 12, 2008 Board of County Commissioners Deschutes County 1300 N.W. Wall Street Bend, Oregon 97701 Dear County Commissioners, Subsequent to the last letter that I emailed to you via Kristen Maze, I am writing this second letter with respect to one specific matter as it relates to the "Outdoor Mass Gathering"(OMG) being held at 19449 and 19345 Tumalo Reservoir Road and 64343 High Mowing Lane on July 22"d thru July 30th of 2008. The question is a simple one. What are the budgetary expenses the county will assume with respect to this OMG in order to make certain that all the conditions of approval for the permit are being adhered to before, during and after the eight days that the 4 Peaks Music Festival is being held? It is quite obvious to me that there are a number of conditions (36 to be exact) that the county has imposed on 4 Peaks that will require manpower on the part of the county to make sure the rules and regulations are being followed. The county departments that will be monitor and oversee this OMG are planning, sheriff, fire, road, health, environmental health, risk management and legal counsel. How much will this cost the county to administer? How much has the county already spent on processing this application for an OMG permit? What additional liability policy does the county have in place for this event beyond the one million dollar general liability policy 4 Peaks Presents is purchasing? Certainly, there is a potential for a multi million dollar claim against the county if a fire breaks out and causes the loss of life and/or property in the surrounding area. Since there will be alcohol served at the OMG, what liability does the county have if someone who is intoxicated drives off the OMG and kills someone? Even though the sponsors will have signed an agreement indemnifying Deschutes County, we all know if someone's life is lost or a fire destroys several homes, the county will still have an enormous cost to litigate an action filed against it. Isn't it possible much of the additional cost to the county to administer this OMG could be avoided by having the Festival somewhere else that already has the infrastructure in place? It would certainly demonstrate to the community a responsible measure of fiscal prudence on the part of the commissioners. The taxpaying citizens of Deschutes County and the county itself (by granting this permit) are, in essence, subsidizing this for profit event on exclusive farm use land! My wife and I will not be present for the public hearing on April 21St at 10:OOA.M. I would appreciate a verbal response to the attendees as to my concerns at the meeting. Sincerely yours, Rick Silver Page 1 of 1 Kristen Maze From: Rita Olin [rmoranch@yahoo.com] Sent: Sunday, April 13, 2008 2:31 PM To: Board; Kristen Maze Subject: Four Peaks Presents Outdoor Mass Gathering Permit Dear Commissioners, According to the OMG section 8.16.190 (E) Approval Criteria states: "The Hearings Body may consider and impose any reasonable condition on a permit for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering recommended that is submitted at or prior to the public hering by a member of the public or public official". In accordance with this statement, I formally request the Deschutes County Board of Commissioners (the Hearing Body) consider adding an additional "condition of approval" to the permit required for the Bluegrass Music Festival on 19449 tumalo Resevoir Road, July 22-30, 2008. #37. The applicant show, through public testimony, that the proposed OMG does not place an undo burden on the community or Deschutes County (personnel or budget) through excessive noise, safety, expense, harm to livestock or negative impact on quality of life. Without such an condition, OMG's can proceed forward without citizen input having a viable place in the process putting one citizen's interests before all others. I will be at the hearing on April 21 and look forward to your response to my request being made to the public at that time. Thank you very much for your time and careful consideration of this important decision. Sincerely, Rita M. Olin Tumalo Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 4/14/2008 Page 1 of 4 Kristen Maze From: PHIL KOCHAN [philkochan@msn.com] Sent: Monday, April 14, 2008 8:25 AM To: board @co.deshcutes. or. us Cc: Kristen Maze Subject: Mass Gathering - "4 Peaks Music Presents" from July 22 - July 30th Dear Board of County Commissioners for Deschutes County, April 14th, 2008 We own property at 18349 Tumalo Reservoir Road in Deschutes County and we are writing regarding the mass gathering application by "4 Peaks Music Presents" from July 22 - July 30th located at 19449 and 19345 Tumalo Reservoir Road. We cannot make the hearing and hope that our email can be read and/or inserted into the public record for consideration. A quick phone call to the coordinators of Central Oregon's permanent mass gathering facilities paid for, at least in part, by Deschutes County Tax Payers will quickly prove that they are operating nowhere near capacity. Therefore, the mass gathering application is simply a way to save a few bucks rather than rent a permanent facility. Therefore, a vote by the County Commissioners in favor of this application is a kick in the teeth of the taxpayers who paid to build permanent facilities AND a kick in the teeth of the Tumalo neighbors who have to 'deal with' the extreme fire danger, congestion, noise, and alcohol use from the thousands of attendees. I'm sure that the mass gathering permit is somehow protected by our constitutional amendments. However, no where in our Constitution does it say you have the right to jeopardize your neighbors property to save a few bucks in rental fees. In the event you feel you should vote to approve this application, please consider requiring a number of mitigating requirements that will push responsibility back to the organization that is saving the money: 1) Hire a wild land fire crew to be on standby or purchase special liability insurance to mitigate the increased risk of a neighbor's property being ravaged by fire. 2) Take measures to hire someone to control traffic at key intersections. 3) Hire security professionals to enforce alcohol rules/laws and keep wandering participants from trespassing on neighbor's property. 4) Put up signs to clearly delineate property/trespassing boundaries. 5) Purchase a performance bond to make sure your conditions of approval are actually completed. Thank you for your time and thoughtful consideration. Sincerely, Phillip and Paige Kochan and all 3 commissioners will receive it. Thanks much for writing the letter. You can cc kristenmCabco.deschutes or us. Rick PHIL KOCHAN <Ph#k0Chan@MSn,C0M> wrote: 4/14/2008 Page 2 of 4 rick, Here's a rough draft so far... Havnb't done spell checker and got tired... Phil Dear Board of County Commissioners for Deschutes County, We own property at 18349 Tumalo Reservior Road in Deschutes County and we are writing regarding the mass gathering application you are having a hearing on. We cannot make the hearing and hope that our email can be read and/or inserted into the public record for consideration. A quick phone call to the coordinator's of Central Oregon's permanent mass gathering facilities paid for, at least in part, by Deschutes County Tax Payers will quickly prove that they are operating nowhere near capacity. Therefore, the mass gathering application is simply a way to save a few bucks rather than rent a permanent facility. Therefore, a vote by the County Commissioners in favor of this application is a kick in the teeth of the taxpayers who paid to build permanent facilities AND a kick in the teeth of the Tumalo neighbors who have to 'deal with' the extreme fire danger, congestion, noise, and alchohol use from the thousands of attendees. I'm sure that the mass gathering permit is somehow protected by our constitutional amendments. However, no where in our Constitution does it say you have the right to jeapordize your neighbors property to save a few bucks rental fees. In the event you feel you should vote to approve this application, at least consider require a number of mitigating requirments that will push responsibility back to the organization that is saving the money: 1) Hire a wildland fire crew to be on standby or purchase special liability insurance to pay for neighbor's property damaged by fire. 2) Take measures to control traffic and increase safety at key intersections. 3) Pay feesPlace a temporary stoplight at the intersection of from with fire in the middle of the fire season, blast them with artificially amplified sound, and inundate them Date: Sat, 12 Apr 2008 20:15:56 -0700 From: silver4250@yahoo.com Subject: RE: Hi To: philkochan@msn.com Phil, Glad you got the pump switch installed! That will help lots. The "Outdoor Mass Gathering" is being put on by "4 Peaks Music Presents" from July 22 - July 30th located at 19449 and 19345 Tumalo Reservoir Road. Rick 4/14/2008 Page 3 of 4 PHIL KOCHAN phi/kochan@msnxom> wrote: Rick, You helped me out of a real jam that day and we just wanted to say Thanks'. Can you tell me the application number, the people's name, OR something to reference the letter to? I finally got my 'pump protecting' switch installed, so now when we suck the tank down it will turn off the pump before loosing the prime and/or burning out the pump. What a beautiful day! Phil Date: Sat, 12 Apr 2008 13:12:52 -0700 From: silver4250@yahoo.com Subject: Hi To: philkochan@msn.com Phil, Good talking with you today and thanks for taking time to write a letter to the Board of County Commissioners (only if you have the time). I wanted to let you know that it was a very nice thank you gift (Anthony's), which, of course, was totally unnecessary but thank you anyway. Here is the email address you can send your letter to: kristenm(&deschutes or us and address it to the Board of County Commissioners. Thanks Rick Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com lse video conversation to talk face-to-face with Windows Live 9essenger. Get started! 4/14/2008 Page 4 of 4 Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com Get in touch in an instant. Get Windows Live Messenger now. Get in touch in an instant. Get Windows Live Messenger now. 4/14/2008 4 peaks festival Page 1 of 1 Kristen Maze From: eloise [wez@eugene.econw.com] Sent: Tuesday, April 15, 2008 9:20 AM To: Kristen Maze Subject: 4 peaks festival Hello Kristen. Thanks for your quick reply. I meant to ask if in the conditions you laid out in the permit include compliance with the ADA. Was it included in the permit? We will ask this as you suggest at eh April 21 meeting. Thanks Kristen. 4/15/2008 1 r ri U !r n ~ f G~ i 1 fib- PEAKS PRESENTS LLc April 13, 2008 Re: 4 Peaks Music Festival Dear Commissioners: I thought that I would take a minute to, respond to some of the complaints that have come in regarding the 2008 4 Peaks Music Festival. We ate scheduled to have our. public hearing on Monday, April 21S`. Although our official- horde. for the- 200$ festival remains to, be known, we have applied ' for a permit with the county to hold the event July 25th, 26th at last year's site on Tumalo Reservoir Rd. In part, because it was a great venue, and also because the property owners and their immediate neighbors to the west vyere excited to be a part of the-festival"again. We know that there is opposition from a few other neighbors wher want their interests to be respected and who want to know that the festival organizers are, just that, organized; and Bose no threat to their properties and persons. We are aware that the County has put a lot of effort into the Outdoor Mass Gathering code, and 4 Peaks Presents has put a lot of effort into meeting the strict guidelines that have been put in place. This ordinance outlinesstrict guidelines for public safety on every level, including: traffic congestion, fire, sanitation, noise levels and people in .general. On Traffic, we expect people to begin arriving Thursday night and Friday in We expect everyone to have left by Sunday at noon. During heavy traffic times, if any, there will be. as many as 3 1 iccnsed traffic controllers posted on Tumalo Reservoir Rd. and High M_ owi iw l ,ane, al lo"mg, for local trio is to get through with the least amount of delay. ` festival attendees w111 he encouraLed to use OB Riley to get to Tumalo Reservoir, asthis access has the _least amount of Lai led intersections and OB Riley has a -turning lane off the flighway and Bailey Rd. does riot., We don't anticipate too much congestion; we think it will he more like last year with folks trickling in at a reasonable rate. On'Fire, there will he NO open fire permitted at any time. Access for emergency vehicles will remain oper~at all tithes and will,be constantly monitored by our Security . hick will he %vorkin, directly with the-L)eschutes County Sheriff and Deputies. 11MO a - 541 3 SOOZ S I ddb PO Box 8282 BtvQR Qr 4peaksmusic.com • infol@4peaksmusic.com 13AI X311 ~ A. PEAKS PRESENTSUC 1 a - On sanitation, we have Advanced Systems providing hand wasfiing facilities, toilets, and grey water cache systems for 3000 people. Last,years festival had an attendance of 700 people and this year we expect to double that. On Noise levels and People, we will follow the Ordinances of the permit, which will allow noise levels to be as much as 100 decibels on the" affected .property until 10 -pm, and as much as 50 decibels thereafter. We-intend to be-quieter than-these standards. Campers will be given a site, map with a list of do's and don'ts. Respecting the. Neighbors is the top of the list. 4 Peaks Presents is an organization formed by caring people who- are interested in bringing economic benefit, culture and entertainment to the-people of Central Oregon. _ We hope that as the years bass, the 4. Peaks Music Festival will be a critical source of revenue to our local business owners as well,js the County tax rolls. Thank you for you time and consideration on this event. Sincerely, W H1 Nash Manager 4_ Peaks Presents, LLC 541.788.0314 kart' i 4VIR x 2 • :g ,o Q : PO -Bo ' 4peaksmusic.com. • info@4peaksmusicxom For Immediate Release lklp Contact: Stacy Totland (541) 382-8064 2nd Annual 4 Peaks Music Festival in Sunny Central Oregon April 1 st, 2008 Bend, Oregon - 2008 marks the 2nd annual 4 peaks Music Festival. After a successful Is` year Bend promoters have decided to keep the momentum going and proceed with an annual event. They have expanded their venue, which will allow for more camping; including a designated family camping area. They are also booking 20 bands this year an increase over the 17 bands that played in 2007. The bands are still being finalized but the line-up promises to include even bigger headliners than last summer while still including some local acts. The 4 Peaks Music Festival will be a 2-day music festival with camping July 25 & 20h in Bend. The festival will be complete with food, beverage and craft vendors, as well as a kid's creative area for the young festival goers. Part of the profits will benefit a local nonprofit organization to be determined. EricWalton, Board Member and founding member of the festival says, "We have continued to receive positive feedback from last years festival attendees This year we great bands and an expanded venue, including more camping and a designated family camping area. With that, we anticipate doubling our attendance this year." The 4 Peaks Music Festival will be an annual event in Central Oregon, which may bring more than 2,000 visitors to Bend each year. The music and venue will make a great family getaway for both visitors and locals to enjoy together." Central Oregon is best known for its diverse recreational opportunities on both the Deschutes River and in the Deschutes National Forest, world class climbing at Smith Rock, endless Mountain bike trails, rivers and lakes for boating, kayaking and fishing as well as a vibrant downtown with shops, restaurants and art galleries.- Tickets are available at downtown Bends, Ranch Records or at www.frontgatetickets.com. For information visit us online at www.4peaksmusic.com. Vendors who are interested in having a booth please contact Will Nash at (541) 788-0314 or will@4peaksmusic.com. The Festival information number is (541) 382-8064. July dates, early lineup announced for 4 Peaks By Ben Salmon / The Bulletin ✓ Published: April 01. 2008 4:OOAM PST The second annual 4 Peaks Music Festival is set for July 25-26, organizers said last week, and the lineup will feature some big-name jam bands, including Tea Leaf Green, Zilla and Hot Buttered Rum. The improvised electronica band Zilla will perform at the second annual 4 Peaks Music Festival, which is scheduled for July 25-26 in Central Oregon. The inaugural 4 Peaks fest was held last August on 20 acres of pasture west of Tumalo. Organizers are pursuing an event permit from Deschutes County that will determine the location of the 2008 festival. If they are permitted to use the same tract as last year, the 4 Peaks team has secured an additional 40 acres that would give them room for more campers, including car campers and families, said organizer Eric Walton. Last year, the camping area was filled to capacity and people who wanted to camp were turned away, Walton said. More bands may be added to the lineup, but for now, here's who'll be at the festival: -San Francisco road warriors Tea Leaf Green. *Colorado-based trance trio Zilla. *Bay Area jamgrass band Hot Buttered Rum. *Funky Lake Tahoe bluegrassers Blue Turtle Seduction. -Seattle fusion rockers Flowmotion. -Sacramento psychedelic roots specialists Izabella. -Rollicking Americana group Poor Man's Whiskey. -Improvisational combo Matt Butler's S.E.E. Plenty of locals will get a chance to showcase their stuff, too, including State of Jefferson, Brent Alan, Rising Tide, Masala Mostest, Moon Mountain Ramblers and Blackstrap, Walton said. Which bands will play on which days has yet to be determined. Walton also said he and his partners are pursuing other high-profile bands to add to the lineup, though none are confirmed. "We've got feelers out to a lot of bands - some pretty big names we could roll in here - but we haven't secured anyone yet," he said. For more info For updates on the lineup, ticket prices and other info, watch www.4peaks music.com. 4 Peaks will have two stages, a variety of food and craft vendors, and a vibe normally reserved for huge, popular festivals such as Coachella and Bonnaroo. Tickets will be offered in four tiers; "Super Early Bird" tickets are on sale now at www.frontgate tickets.com and Ranch Records in Bend for a special price of $64.50 plus service charges, which buys entrance to both days of the festival and a camping spot. As tickets sell, the price will go up, eventually reaching $98.50 on the day of the event. There are currently no plans to sell single-day passes. 4 Peaks on the horizon Jam-band festival coming to Tumalo pasture Camping spots at music festival filling up quickly By Ben Salmon / The Bulletin (Published: July 24. 2007 4:00am) The 4 Peaks Music Festival isn't entrenched in Central Oregon's music scene, like Munch & Music or shows at the Les Schwab Amphitheater. After all, it's the inaugural year for the two-day jam-band gathering near Tumalo. But it is coming, and it's getting bigger by the day. (And if you want to camp next to the festival grounds, you'd better buy your pass pronto; organizers say only about half of the $20 camping passes are left.) Up to 2,700 people are expected to attend the 4 Peaks event, scheduled for Aug. 3-4 at Rockin' A Ranch on Tumalo Reservoir Road west of Tumalo. That doesn't include an army of volunteers, organizers and vendors, plus 17 bands, including three big names on the jam-band circuit: New Monsoon, Animal Liberation Orchestra and Hot Buttered Rum. The event is following in the footsteps of other popular music festivals around the country, such as High Sierra in Quincy, Calif., Bonnaroo in Manchester, Tenn., and Wakarusa in Lawrence, Kan. The team behind 4 Peaks - Eric Walton, Will Nash, Stacy Toteland and Paul Brown of Bend, plus Jason Beard of Santa Rosa, Calif. - hope their event will someday be of similar stature and a regular stop for bands that hit all the summer festivals. "We looked at (those other festivals) and said, `These are incredibly cool events that bring a very diverse group of people to these towns and feed the economies of these towns every year,"' Walton said. "It's an economic benefit to these places and in addition to that, it's an amazingly cool event with great music and nice people." Nice people is the ultimate goal at 4 Peaks, where organizers are putting an emphasis on being family-friendly. There'll be plenty of things to do for kids, and families are encouraged to come out and make a weekend of it, perhaps by camping in a field adjacent to where the music will happen. Passes to the festival are still plentiful; you can buy one for Friday only for $25, one for Saturday only for $35, or both days for $50, and kids younger than 10 get in free. But only 200 camping passes are being sold, and Walton said they're very popular. :)r Man's whiskey, from "Camping is just going like that," he said, snapping his fingers. "We're selling a very ,ta Rosa, Calif., will be one limited number of camping tickets, and those are going fast." 17 bands playing at the 4 The founders of 4 Peaks started out with the idea of gathering 50 or so friends and family members on Walton's land near Cline Falls and bringing a band up for a weekend of music. Before long, however, more bands were added, more people wanted to come, and the festival moved to a bigger site. For a while, 4 Peaks grew day by day, said Nash "It was like, `OK, we're going to have three bands. OK, we're going to have five bands. OK, we're going to have 17 bands,"' he said, laughing. "Total snowball." But that's OK, because Nash and his friends want 4 Peaks to stick around and become a fixture on the region's musical landscape. "We want to bring a culture here and add to the climate of this community and make a festival that people all over the country know about," Nash said. "People plan their years around (festivals like this) and we want to be a part of that." For more information or to buy tickets, visit the festival's Web site at www.4peaksmusic.com, and for more on the genesis of the event and the bands that are playing, check out GO! Magazine in The Bulletin on Aug. 3. Inaugural bluegrass festival comes to Tumalo By Yoko Minoura / The Bulletin, (Published: August 05. 2007 4:00am) TUMALO - Sharing a blanket spread on the grass, 9-year-old Leia Watson munched on a slice of pizza while her friends, Stephanie Campbell, 9, and Anna Campbell, 7, attempted to master chopsticks to eat a rice-and-chicken dish. The tight harmonies and lively tempo of bluegrass accompanied their outdoor meal. "I like the guy who plays the violin," Stephanie said. "I like how he's really fast." Stephanie's sister, Anna, on the other hand said she liked the instruments and how they sounded, while Leia leaned toward the vocals. The trio were part of a crowd of several hundred who gathered Saturday afternoon on a field at Rockin' A Ranch in Tumalo to listen to bluegrass at the first-ever 4 Peaks Music Festival, which kicked off Friday. The idea for the festival was born when a group of friends began planning an informal event near Cline Falls, where people could camp and listen to a band. The organizers, Eric Walton, Will Nash, Stacy Totland, Paul Brown and Jason Beard, got an offer from Gary and Lisa Armstrong to use their ranch as the site of the jamfest, and 4 Peaks became official. The two-day festival boasted more than a dozen bands, such as Hot Buttered Rum, Jackstraw and Bend's own Blackstrap and Moon Mountain Ramblers. A main stage was set up in a grassy valley slightly reminiscent of the Les Schwab Amphitheater, while a smaller "Almost Locals" stage sat next to vendors' booths. While mainly a celebration of bluegrass, festival organizers said they planned to donate part of the proceeds to charities, including Sparrow Clubs USA, which helps children in medical crises, and Rock the Earth, an environmental group. Broken Top and the Three Sisters loomed to the west. Domed tents clustered in one area and campers and motor homes dotted another area, serving as the temporary Several people gathered in front of the stage to dance, while others sat on blankets to listen. A hula hoop vendor was doing a brisk business, judging from the number of is Goodwin /The Bulletin) Crystal people with hoops. -berg, 21, dances to the music of the ;mal Liberation Orchestra during the 4 iks Music Festival on Saturday. The -day festival was held for the first time year and featured bluegrass bands m Bend and all along the West Coast. "I like it. It's fun," Leia said. "We get to hula hoop and run around." homes of people who chose to camp. The girls said they would like to come back next year, if the festival continues. On another blanket on the grass, 35-year-old Greg Froyd of Santa Barbara, Calif., had kicked off his sandals to relax and listen to the music. He said he was on "permanent vacation," and following touring bands and hitting music festivals before arriving in Tumalo. "I just wanted a nice, mellow music festival to go to," he said, and friends in Bend told him about 4 Peaks. "We like the string-band psychedelic thing," he added. Froyd said he was impressed by the venue and the planning that went into the festival. "It's great to look up and see the Three Sisters while the moon's setting in the afternoon," he said. Froyd said he also liked the fact that the festival site didn't feel crowded. "I think we are all lucky to be here this first year - all the families here, being able to enjoy this property," he said. Froyd said he would probably"be back next year. Bend resident Nadine Koeth, 25, who volunteered at the festival, said liked the venue and the music lineup. "I think it's a great setup. The little amphitheater thing they have going, walk-in camping," she said, trailing off. A bluegrass fan herself, Koeth said she was happy to finally see a music festival right near Bend. "It's nice as a big family event, too," she said. "Got a huge range of people here." Koeth said she thought the turnout was good. "They should definitely do it again next year," she said. Bend resident Leif James, 29, a musician in a local band, said the festival was very well organized. James' band, Poor Bastard's Romance, did not play at the festival. The band had a conflicting gig that was then canceled. He said the stage equipment was high-quality, the schedule of bands easy to understand and the layout of the festival good. His only quibble was the location of the portable bathrooms, which he thought were a bit too far away. "The people who run this have really good hearts and the right perspective on things," James said. He said he was impressed by the number of out-of-town residents who showed up for the festival. "You walk around, there's people you know, people you don't know, (and) everybody gets along," James said. He said he plans to return to the festival, if it continues. "And you have the four peaks there," he said, indicating the skyline. "It's beautiful. Wow." The Mission Our mission for the 4 Peaks Music Festival is to promote a multi day music event in beautiful Central Oregon, featuring an array of eclectic, national bands for music enthusiasts and families. We have set the stage for our second year that will bring people from all over the country and benefit the economy of Bend and its surrounding communities. What is 4 Peaks Music Festival? 4 Peaks is a company who specializes in the organization and promotion of this annual music festival. 4 Peaks is designed to appeal to music, dance and art/crafts lovers of all ages. Our aim is to bring the "best" in improvisational music and talented artists to the Central Oregon Region. The number of festivals is growing throughout the country in response to the demands of festival attendees. Within the past five years, the industry has witnessed phenomenal growth with festivals such as Bonnaroo (Manchester, TN), Wakarusa (KS) and Langerado (Fort Lauderdale, FL), and this year with The Rothberry Music Festival in Michigan, expected to draw over 100,000 people. 4 Peaks is staffed by experienced festival entrepreneurs who have developed skills in event coordination and music promotion. 4 Peaks is an LLC partnership organization which allows for maximum creativity and flexibility to respond quickly to emerging needs and challenges. After a successful first year and much demand, we are going forward more bands and acres for family fun and camping. Event Scope • Supporting and entertaining local businesses and the economy of Central Oregon • 2000+ Attendees • Nationally recognized Acts • Implementing Eco-friendly and "no waste" tactics • A family friendly atmosphere • Camping onsite 2008 Lineup: Local Acts including Moon Mountain Ramblers, Blackstrap, Masala Mostest, Bret Alan; National acts such as Tea Leaf Green, Hot Buttered Rum, Blue Turtle Seduction, Zilla, Poor Man's Whiskey, Acorn Project, Flowmotion and many more to be announced closer to our actual date Benefits: 4 Peaks Presents is not a non-profit as of yet, (application pending) so we are proudly donating a part of our ticket sales to a non-profit organization in Bend. We place a high value on giving back to our communities. Bend Radio Group and The Source Weekly will be promoting our festival through highly visible advertising. Brief Descriptions of our Board of Directors/Managers: Eric Walton: Eric Walton spent 1995-2002 as a financial advisor and parlayed that knowledge into the word of real estate investing. His 12 years investment experience and 17 years of music experience come together create a perfect synergy with his role as a festival planner. Stacy Totland: Stacy has worked in the festival world for over eight years including; Telluride Bluegrass Fest., Telluride Jazz Fest., Telluride MountainFilm, Telluride Film Fest., and the Bend Film Fest. She owned and operated Coffee News of Oregon for two years until she took on the role of full time mom. She is active in the community and with KPOV, Bend community radio, as one of the Board of Directors, the Treasurer and a DJ on two shows. She is a lifelong music enthusiast and hopes to make 4 Peaks Music Festival an annual success. Will Nash: Will is a carpenter, sculptor and luthier. Studied fine arts at the University of Oregon, Portland State University and in the Crystal River Valley of Colorado. Has always had a strong belief that music is the thread by which mankind maintains its sanity and sense of wonder and feels fortunate to be involved in the genesis of 4 Peaks. Paul Brown: Paul has been involved in many corporate marketing campaigns for Fortune 500 companies and now brings his expertise the 4 Peaks Music Festival Board of Directors. Having attended a variety of festivals, he is eager to bring the brightest ideas from each event to Bend! Jason Beard: Jason Beard is the manager of a successful band Poor Man's Whiskey. He has participated in such festivals as the Telluride Bluegrass Fest., Strawberry Music Fest., Hardly Strictly Bluegrass Fest., as well shows with the Eagles, John Mayer, Phil Lesh and Friends, and many more. Deschutes County Board of Commissioners; Re: 4 Peaks Presents Outdoor Mass Gathering Permit Thank you for taking public testimony on this important issue. I also want to thank Kristen Maze for her timely and thorough responses to my many questions. My name is Rita Olin and I live in Tumalo a mile or so away from the proposed event site. I am strongly opposed to the county commissioners approving this permit for a number of reasons: The increased traffic and noise created by up to 3,000 people attending the festival site on rural Tumalo Reservoir Road camping for three nights (where most noise violations occurred last year), loud concert music until IOPM or perhaps midnight, the set up, tuning of instruments and sound systems, the tear down and general disruption going on for 8 days are all activities that are in direct opposition to the quiet lifestyle normally experienced in this area. 2. Safety concerns: the threat of wildfire is always on the minds of rural landowners in Deschutes County during the summer. 3,000 people camping, food preparation and smoking on a field in July creates a hazard. Last year, in total disregard to fire danger, there were, according to attendees, fire batons used by dancers. No matter how careful the event organizers are in attempting to mitigate the danger of a wildfire erupting... the risk will always be there. The one million dollar insurance policy required as part of the conditions of approval would hardly begin to cover fire damage engulfing neighboring properties. 3. Serving alcohol to a crowd of 3,000 people unavoidably increases the risk of fire as well as off site vehicle accidents for which the county may find itself a named party in a lawsuit. 4. The state statute governing mass gatherings states that gatherings of less than 3000 people and less than 120 hours (5 days) are not subject to land use laws however, permits for gatherings of more than 3000 people and more than 120 hours are subject to land use laws. Deschutes County has taken the liberty to re- write the state statute and has extending the number of hours for the Outdoor Mass Gathering Permit to extend to 240 hours (10 days) before the permit process would be subject to land use review. According to state statute, gatherings of more than 3,000 people for more than 120 hours cannot be exempted from land use review. Ron Eber, a Farm and Forest Lands Specialist at DLCD, states that Deschutes County has "tried to deal with the double criteria part of the definition by permitting mass gatherings to run longer as long as they stay below the 3000 person limit. So they have in effect made part of the gatherings that should be subject to land use (more than 120 hours) exempt. This is unchartered territory and open to interpretation as to whether they can do this..... the statute is a problem and needs to be fixed." ~-o By rewriting the state statute to give even more leniency to mass gathering organizers the county is increasing the burden on other property owners as well as potentially leaving itself open to litigation. Does Deschutes County really want to become the test case to "fix" the statute? 5. Has 4 Peaks met the criteria of the American's With Disabilities Act? 6. Does the $790 permit fee cover all of the costs to the county taxpayer? If not, what are the actual costs that taxpayers will shoulder for this for-profit event to occur on Tumalo Reservoir Road? 7. There are other sites in the county that are specifically designed to host just such events that would not burden neighbors and tax payers. 8. 4 Peaks Presents has stated that they expect double the number of attendees from last year. Last year there were 9 complaints to the sheriff's office. Is the sheriff's office prepared for double the number of attendees this year? It is important that if the commissioners do grant this permit, the deputies responding to complaints/ violations have received clear direction as to what their powers/duties are. Unfortunately, this permit process pits neighbor against neighbor. Most people do not want to tangle with their neighbors, will avoid public meetings and will quietly burden the impositions others put upon them. It is my opinion, if the 4 Peaks organizers were truly concerned with their neighbor's feelings, they would have gone door-to-door last year after the event and asked them simply "How was it?" A couple of weeks ago, a group of us did just that and we got an ear full. The vast majority spoke openly and sometimes vehemently against the intrusion of this event into their quiet life style. I suggest that 4 Peaks bear the burden of proving that neighbors are supportive of this gathering. This could easily be done by requiring event organizers to submit a signed petition that shows more than a majority of neighbors (using the county notification list) are in favor of the event. I also suggest that 4 Peaks shoulder the burden of proving that financial costs and safety concerns are not a burden to the community. This could only be done if the organizers are told what the cost is to the county. Requiring neighbors to organize, take time away from work for a 10:00 Monday morning hearing and speak out in a public forum to protect their way of life places the burden on the wrong party. What is the precedent being set for future gatherings? I sincerely thank you for your consideration of my concerns. Rita M. Olin P.O. Box 7315 Bend, OR 97708 April 21, 2008 TO: Deschutes County Commissioners FROM: Ed Whitelaw RE: Four Peaks Presents' application for a mass gathering 1. My name is Ed Whitelaw. My wife, Eloise Whitelaw, and I live at 18470 Pinehurst Rd., about 1.5 miles by road and 1 mile straight-line from the proposed mass gathering. Eloise and I chose this particular part of Deschutes County anticipating that its rural nature, the special quality of life it offers, and its apparent distance and insulation from mass gatherings and other urban activities, would not change. 2. Such events as the mass gathering proposed by Four Peaks would occur, in the normal course of events, in those sites, infrastructure and facilities in the County which have been designated for just such events. Not incidental to the matter at hand, Deschutes County taxpayers have helped cover at least some of the costs-perhaps a large portion of the costs--of selecting and developing these venues. As we understand, such venues have emerged through a process in which such costs and complications as traffic, noise, risks to public health, quality of life, the environment and wildlife habitat have been addressed. Of particular importance to the matter at hand, the site and its environs, as we further understand, have been vetted regarding such issues as the spillover effects on neighboring sites and activities. 3. Four Peaks could reserve, for a fee, one of these already designated venues. Four Peaks has chosen instead to cut its own costs by not reserving a designated site and in so doing impose costs onto a) the County taxpayers who must bear the net costs not only of this process but of the mass gathering itself (unless Four Peaks is bearing the full fiscal costs beyond such incidentals as application fees) and b) the residents in the vicinity of the proposed site, including my wife and me. On the face of it, this seems perverse. 4. What seems especially perverse, should the Commissioners approve the Four Peaks application, is that both the decision and the mass gathering, as the first encounter with the recently adopted ordinance, would become an example or guide to be considered in subsequent applications for similar mass gatherings, whether from Four Peaks or others. For emphasis and clarity, I will interpret it through this economist's eyes. The greater the apparent success of the event-i.e., the larger the crowds, the greater the revenues, the more profits enjoyed by the investors, and the like-the stronger the precedent. The implications are straightforward. The greater the apparent success of the event, then the greater the violation of the conditions for which many of us who have chosen to locate here and the greater the costs we must bear. What is the logic, the reasoning on which this makes sense? 5. We strongly urge the Commissioners to reject the Four Peaks application for a mass gathering at the proposed site. 6. Should the Commissioners favor the Four Peaks application, we ask that at least the Commissioners require Four Peaks a) to bear the net fiscal costs on the County so as to eliminate any subsidy from the taxpayers to Four Peaks and b) to bear the responsibility (and costs) of demonstrating, through public testimony, that the proposed mass gathering would yield net benefits, excluding fiscal matters, to the community. 7. I am a professor of economics at the University of Oregon. I am also president of ECONorthwest, which provides analyses in economics, finance, planning, and policy evaluation for businesses and governments. I received a Ph.D. in economics from the Massachusetts Institute of Technology. I have testified in administrative, legislative and Congressional hearings, and in court proceedings on the specific principles underlying the opinions and recommendations I've expressed in this document. Finally, the opinions and recommendations I've expressed herein do not necessarily reflect those of the University of Oregon or of ECONorthwest. 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., MONDAY, APRIL 21, 2008 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 cards 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. 2008-132, Renewal of an Intergovernmental Agreement with Crook County for Building Inspection Services Provided by Deschutes County - Tom Anderson, Community Development 3. A HEARING and Consideration of Signature of Order No. 2008-035, a Claim for Compensation under Measure 37 (File #M37-07-171; Applicant: Hingley) - Tom Anderson, Community Development; Mark Pilliod, Legal Counsel 4. A HEARING and Consideration of Signature of Order No. 2008-036, a Claim for Compensation under Measure 37 (File #M37-07-172; Applicant: Dunham) - Tom Anderson, Community Development; Mark Pilliod, Legal Counsel 5. A HEARING and Consideration of Signature of Order No. 2008-036, a Claim for Compensation under Measure 37 (File #M37-07-173; Applicant: Kulin) - Tom Anderson, Community Development; Mark Pilliod, Legal Counsel 6. CONSIDERATION of Signature of Document No. 2008-171, an Amendment to the Improvement Agreement regarding Required Amenities at Pronghorn Destination Resort - Paul Blikstad, Community Development Department Board of Commissioners' Business Meeting Agenda Monday, April 21, 2008 Page 1 of 7 Pages 7. CONSIDERATION of Signature of Documents No. 2006-148 and 2008-149, Release of TDC Restrictive Covenant and Grant of Replacement TDC Covenant - Catherine Morrow, Community Development Department 8. A PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2008-007, an Amateur Radio Facilities Text Amendment - Kristen Maze, Community Development Department 9. A PUBLIC HEARING and Consideration of Approval of Document No. 2008-120, an Application for an Outdoor Mass Gathering Permit for an Event in Tumalo (Applicant: 4 Peaks Presents) - Kristen Maze, Community Development Department 10. 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, April 21, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, AApri122, 2008 7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club 9:00 a.m. The Group Field Trip (tentative) Board of Commissioners' Business Meeting Agenda Monday, April 21, 2008 Page 2 of 7 Pages Wednesday, April 23, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, April 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 6:00 p.m. Public Hearing on Proposed Sunriver Mall Project, at Sunriver Monday, May 5, 2008 10:00 a.m. Board of Commissioners' 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) Wednesday, May 7, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday 8, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers Wednesday, May 14, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, May 19, 2008 11:30 a.m. Regular Meeting of Commissioners and Department Heads 1:00 P.M. Budget Meeting Board of Commissioners' Business Meeting Agenda Monday, April 21, 2008 Page 3 of 7 Pages Tuesday, May 20, 2008 1:00 P.M. Budget Meeting Wednesday, May 21, 2008 1:00 P.M. Budget Meeting Thursday, May 22, 2008 1:00 P.M. Budget Meeting Friday, May 23, 2008 1:00 P.M. Budget Meeting Monday, May 26, 2008 Most County offices will be closed to observe Memorial Day Monday, May 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, June 2, 2008 10:00 a.m. Board of Commissioners' 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) Tuesday, June 3 through Friday, June 6 Association of Counties Spring Conference Monday, June 9, 2008 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 Monday, April 21, 2008 Page 4 of 7 Pages Wednesday, June 11, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, June 12, 2008 9:00 a.m. Quarterly Update - Mental Health Department 10:00 a.m. Quarterly Update - Health Department Monday, June 16, 2008 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, June 17, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, June 18, 2008 10:30 a.m. Oregon Youth Challenge Graduation Ceremony Thursday, June 19, 2008 7:00 a.m. Bend Chamber of Commerce Legislative Policy Council Meeting 10:00 a.m. Quarterly Update - Juvenile Community Justice Monday, June 23, 2008 10:00 a.m. Board of Commissioners' Meeting - Includes Budget & Fee Schedule Public Hearings 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, June 25, 2008 10:00 a.m. Board of Commissioners' Meeting - Includes Budget & Fee Schedule Adoption 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, June 26, 2008 9:00 a.m. Quarterly Update - Fair & Expo Center 11:00 a.m. Quarterly Update - Commission on Children & Families Board of Commissioners' Business Meeting Agenda Monday, April 21, 2008 Page 5 of 7 Pages Monday, June 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday 2, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, July 3, 2008 8:00 a.m. Regular Meeting with the City of Sisters Council, in Sisters Friday, July 4, 2008 Most County offices will be closed to observe the July 4th Holiday Monda, July 7, 2008 10:00 a.m. Board of Commissioners' 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) Wednesday, July 9, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, July 10, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond 12:00 noon Audit Committee Meeting Tuesday, July 15, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, July 16, 2008 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, April 21, 2008 Page 6 of 7 Pages Monday, July 19, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, July 21, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, July 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, July 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, August 4, 2008 10:00 a.m. Board of Commissioners' 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) Wednesday, August 6, 2008 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 Monday, April 21, 2008 Page 7 of 7 Pages