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2010-113-Minutes for Meeting February 10,2010 Recorded 3/1/2010DESCHUTES COUNTY OFFICIAL RECORDS CJ 7014-i13 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 03/01/2010 02;00:28 PM 111)! II ~II IIIII11111111111111 ss Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded at the request of [give reason] previously recorded in Book_ or as Fee Number to correct and Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, FEBRUARY 10, 2010 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Anthony Raguine, Community Development; Joe Studer, County Forester; Ken Hales, Corrections; Sara Johnson, Commission on Children & Families; and nine other citizens. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Citizen Burt Neighbor is retired and lives in Boonesborough. He asked about recent layoffs at the County. He said that it does not appear that any management has been let go. In the private sector, this happens all the time. He asked about the ratio of management to employees at the County. Dave Kanner said that management positions were reduced in proportion to staff. Many have been eliminated through not being filled after retirement or through attrition. The difference is the method by which they have been reduced. Erik Kropp said that there are vacant positions in other departments, and employees that were laid off in one department may be able to be hired into another department. Commissioner Unger stated that it is about providing a service and not a product. When the economy is not good, the need for services goes up. Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2010 Page 1 of 8 Pages Commissioner Baney stated that the Sheriff's Office did not keep an Undersheriff or an administrative Captain as they had previously. Two departments combined for Community Justice, eliminating a department head. 2. Before the Board was Consideration of Signature of Notice of Intent to Award Contract Letters for Fuels Treatment Qualified Pool Retainer Agreements. Joe Stutter gave an overview of the item. The Commissioners were comfortable with the process. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Board Approval and Chair Signature of a Commission on Children & Families Application for a Federal Grant regarding Community-Defined Solutions to Address Violence Against Women. Sarah Johnson gave an overview of the item. Commissioner Luke observed that this is a worthy grant. Commissioner Baney asked how the partnering would work. Ms. Johnson said government has to apply. There will be an intergovernmental agreement with Corrections and a contract with Saving Grace. Ken Hales stated that the proposal includes enlarging those misdemeanor offenses to include strangulation cases, plus financing for one FTE. They would take the highest group of domestic violence cases and intensively supervise those. There is some concern about continuing to fund this position. They will not know whether they get the grant until fall, and a lot of things could change before then. Dave Kanner indicated this would take a new designation, to be called limited duration. Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2010 Page 2 of 8 Pages Commissioner Unger asked about deliverables. Ms. Johnson replied that there are reporting requirements and danger assessment training. Saving Grace will be asking for.5 FTE to handle the additional cases as well. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 4. Before the Board was Continuation of a Public Hearing on Files No. PA- 083 and ZC-083, on an Appeal of the Hearings Officer's Decision regarding a Plan Amendment/Zone Change on Agricultural/EFU to Airport Development (Aviation Support District - Bend). This hearing was continued from February 23 and August 3, 2009. Anthony Raguine said the applicant has asked for another continuance, to the spring of 2011. Gary Judd, the Airport Manager, said that both City and County planning staff have provided comments to him and to their engineering firm. In April they will begin work again on the issue. Commissioner Baney stated that she feels a lot of things may change before that time. She wants to grant continuances but the playing field may be very different. Perhaps it is time to not continue it and start fresh with a new application. Mr. Raguine said that it depends on the update. The current master plan said there is sufficient land for their uses at this time. If the study changes and more land is felt to be appropriate, this is advantageous to the applicant. It is his guess that the plan will identify additional lands needs. The other issue from the Hearings Officer is that there was not a change in circumstances, but if more land is needed, that changes things as well. The hearing was not de novo, so more information could be brought it. Laurie Craghead said it could be continued and at that time a determination can be made as to whether it has changed enough to require them to start over. It could be a modification of application, which does not start from nothing. Commissioner Unger added that there could be issues with reconsideration of a previous application and more costs involved. Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2010 Page 3 of 8 Pages Commissioner Baney said she is concerned that there is only a cost for the initial application fee. Commissioner Luke said that there was a fee for having it come before the Board, but the Board has never heard it yet. Mr. Raguine said the Board would have to hear at this time and deny it, at which time the applicant would get a refund of part of the fee. A modification of application is the logical way to proceed. Commissioner Unger stated that he feels as the new master plan moves forward, this application might fit in nicely with the changes in the future. He favors continuing it to the first Wednesday in May. Will VanVactor, an attorney representing Gibson Airpark LLC, said that it appears that if the plan is amended to increase the amount of land included for future development, it may include the subject property. The main issue is whether it will be included in the master plan, but it appears straightforward. LUKE: Move the hearing be continued until Wednesday, July 13, 2011. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. BANEY: Move approval of the Consent Agenda. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items 5. Signature of Document No. 2010-114, a Renewal of the Employee Participation Agreement with Central Oregon Intergovernmental Council regarding Employee Health Benefits 6. Signature of a Letter Reappointing David Engeman to the Bend Cascade View Estates Special Road District Board, through December 31, 2012 Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2010 Page 4 of 8 Pages 7. Signature of a Letter Reappointing John Morter to the Panoramic Access Special Road District Board, through December 31, 2012 8. Approval of Economic Development Grants: • Bend-La Pine Education Foundation. Commissioner Luke granted $500. • Big Brothers, Big Sisters. Commissioners Baney and Unger granted $500 each. • Boys & Girls Club of Central Oregon. The Commissioners granted $500 each. • Family Access Network Foundation. Commissioner Baney granted $1,000 and Commissioner Unger granted $500. • La Pine Rodeo Association. The Commissioners granted $200 each. • MountainStar Family Relief Nursery. None was granted at this time. • Neighborlmpact (Food Bank). Commissioner Luke granted $1,000; Commissioners Unger and Baney granted $500 each. • Partnership to End Poverty (Homeless Count). The Commissioners granted $500 each. • Redmond-Sisters Hospice. They will be asked to resubmit in July. • Volunteers in Medicine. Commissioner Baney granted $1,000; Commissioner Unger granted $1,500. • Network of Volunteer Administrators. Commissioner Baney granted $500; Commissioner Luke granted $1,000 • Oregon Commission on Children & Families (Week of the Young Child). Commissioner Baney granted $500. 9. Approval of Minutes: • Business Meetings: January 20 & 25; February 3 & 8 • Work Sessions: January 6, 20, 25 & 27; February 3 & 8 • Special Meeting: January 22 • January 21 Joint Meeting with the City of Bend, Bend Metro Park & Recreation District and the Bend-La Pine School District Brief Meeting of February 4 January 29 Annual Retreat CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $6,047.80. BANEY: Move approval, subject to review. UNGER: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2010 Page 5 of 8 Pages VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $1,318.44. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $702,845.25. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 13. Before the Board were Additions to the Agenda. A. Before the Board was Consideration of Chair Signature of Document No. 2010-125, Fiscal Year 2011 Federal Appropriations Project Request Form for the Family Access Network. Ms. Johnson explained the item. Commissioner Baney said that the documents would not be available for signature until later today but are due on Friday. Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2010 Page 6 of 8 Pages BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. B. Before the Board was Consideration of Signature of a Letter of Support for Applied Research Center's Business Network Proposal. Jim Clinton of the Bend City Council explained the proposal, which would serve to help bring high technology businesses to the area. Many of these businesses work quietly, but employ over 400 people in the area at this time. These kinds of jobs pay well and generate other ancillary employment. (He provided a handout listing local businesses of this type) He wants to see the area grow its own businesses rather than relying on large corporations who might come and go. Other parts of the State have research universities that bring in a lot of grants and serve businesses of this type. Those institutions are not yet available in this area. A research center would help the area qualify for some of this funding and activities. He said he has asked those in the field and they are supportive of this endeavor. The Commissioners encouraged this and similar efforts to generate business in the area to go forward. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Being no further items addressed, the meeting adjourned at 11:10 a.m. Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2010 Page 7 of 8 Pages DATED this 10th Day of February 2010 for the Deschutes County Board of Commissioners. Dennis R. Luke, Chair ATTEST: 61"-, &k~ Recording Secretary 0&I,- u24-ec't- Alan Unger, Vice Chair LAVI~o~ Tammy Baney, Comm Toner Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2010 Page 8 of 8 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, FEBRUARY 10, 2010 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 Notice of Intent to Award Contract Letters for Fuels Treatment Qualified Pool Retainer Agreements - Joe Studer, County Forester 3. CONSIDERATION of Board Approval and Chair Signature of a Commission on Children & Families Application for a Federal Grant regarding Community-Defined Solutions to Address Violence Against Women - Sarah Johnson, Commission on Children & Families; Ken Hales, Corrections; Janet Huerta, Saving Grace 4. CONTINUATION OF A PUBLIC HEARING on Files No. PA-083 and ZC- 083, on an Appeal of the Hearings Officer's Decision regarding a Plan Amendment/Zone Change on Agricultural/EFU to Airport Development (Aviation Support District - Bend) - Anthony Raguine, Community Development continued from February 23 & August 3, 2009 CONSENT AGENDA 5. Signature of Document No. 2010-114, a Renewal of the Employee Participation Agreement with Central Oregon Intergovernmental Council regarding Employee Health Benefits Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2010 Page 1 of 5 Pages 6. Signature of a Letter Reappointing David Engeman to the Bend Cascade View Estates Special Road District Board, through December 31, 2012 7. Signature of a Letter Reappointing John Morter to the Panoramic Access Special Road District Board, through December 31, 2012 8. Approval of Minutes: • Business Meeting: January 20 & 25; February 3 • Work Session: January 20, 25 & 27; February 3 • Special Meeting: January 22 CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 12. 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. Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2010 Page 2 of 5 Pages 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 ffyou have questions regarding a meeting, please call 388-6572) Wednesday, February 10 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, February 15 Most County Offices will be closed to observe Presidents' Day Wednesday, February 17 11:30 a.m. Annual Meeting with the Black Butte Ranch County Service District Board, at Black Butte Ranch 2:00 p.m. Administrative Work Session - could include executive session(s) Monday, February 22 10:00 a.m. Board of Commissioners' Meeting 12:00 noon Regular Meeting with Department Directors 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, February 24 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, March 1 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, March 3 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2010 Page 3 of 5 Pages Thursday, March 4 10:00 a.m. Quarterly Update with the District Attorney 11:00 a.m. Quarterly Update with Community Development 1:30 p.m. Quarterly Update with the Road Department 2:30 p.m. Quarterly Update with Solid Waste Wednesday, March 10 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 11 7:00 a.m. Regular Meeting with the City of Redmond Council, Council Chambers, Redmond 11:00 a.m. Quarterly Update with Health and Human Services Monday, March 15 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 17 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 18 9:00 a.m. Semi-annual Meeting with the Clerk 10:00 a.m. Quarterly Meeting with Community Justice Monday, March 22 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 24 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2010 Page 4 of 5 Pages Thursday, March 25 9:00 a.m. Quarterly Meeting with the Fair & Expo 10:00 a.m. Semi-annual Meeting with the Assessor 11:00 a.m. Quarterly Meeting with the Commission on Children & Families 2:00 p.m. Quarterly Meeting with the Sheriff Monday, March 29 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 31 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2010 Page 5 of 5 Pages W Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org ADDITION TO BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, FEBRUARY 10, 2010 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend A. CONSIDERATION of Chair Signature of Document No. 2010-125, Fiscal Year 2011 Federal Appropriations Project Request Form for the Family Access Network - Hillary Saraceno or Sarah Johnson, Commission on Children & Families B. CONSIDERATION of Signature of a Letter of Support for Applied Research Center's Business Network Proposal - Bend City Councilor Jim Clinton C. APPROVAL of Economic Development Grant Requests. • Bend-La Pine Education Foundation. Commissioner Luke granted $500. • Big Brothers, Big Sisters. Commissioners Baney and Unger granted $500 each. • Boys & Girls Club of Central Oregon. The Commissioners granted $500 each. • Family Access Network Foundation. Commissioner Baney granted $1,000 and Commissioner Unger granted $500. • La Pine Rodeo Association. The Commissioners granted $200 each. • MountainStar Family Relief Nursery. None was granted at this time. • Neighborlmpact (Food Bank). Commissioner Luke granted $1,000; Commissioners Unger and Baney granted $500 each. • Partnership to End Poverty (Homeless Count). The Commissioners granted $500 each. • Redmond-Sisters Hospice. They will be asked to resubmit in July. • Volunteers in Medicine. Commissioner Baney granted $1,000; Commissioner Unger granted $1,500. • Network of Volunteer Administrators. Commissioner Baney granted $500; Commissioner Luke granted $1,000. • Oregon Commission on Children & Families (Week of the Young Child). Commissioner Baney granted $500. D. CONSIDERATION of Approval of Minutes: • January 21 Joint Meeting with the City of Bend, Bend Metro Park & Recreation District and the Bend-La Pine School District • Work Sessions of January 6 and 25; February 8 • Business Meeting of February 8 • Brief Meeting of February 4 • January 29 Annual Retreat a { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: h 10 Date: a 4 Y ' 1° Name Address he, Phone 5 v E-mail address 127 In Favor F-] Neutral/Undecided 1-1 Opposed Submitting written documents as part of testimony? F]Yes No If so Please give a copy to the Recording Secretary for the recor~ PORTLAND o"Ec N SEAT-LE. wA s!ii r4 C. Tau C N ."A~ MILLER HASH- N EGON C EN 7R OREGON R ATTORNEYS AT LAW WWW.MILLERNASH.COM Will A. Van Vactor till.vamactor~millemash.com (541) 447-5777 direct line January 27, 2010 ViA E-MAIL and REGULAR MAIL Anthony Raguine, Senior Planner Deschutes County Planning Division 117 NW Lafayette Ave Bend OR 97701-1925 Subject: Gibson Airpark Zone Change; File Nos. PA-o8-3/ZC-o8-3 Dear Anthony: 446 N.W. Third Street Prineville, Oregon 97754-1757 orricE 541.447.5777 rAx 541.447.5755 This letter follows up a letter I sent you on January 21, 2oio, as well as a couple emails we exchanged recently regarding the above-referenced file numbers. The purpose of this letter is to further explain my client's position regarding his request that the hearing be continued. We appreciate your understanding as well as the understanding of the Board of Commissioners in considering our request for a continuance. We seek a continuance because the Airport Master Plan for the Bend Municipal Airport is currently undergoing a significant revision. At the hearing held this time of the year in 2009, the major issue that concerned the Board of Commissioners was whether or not my client's request for a zone change and plan amendment was consistent with the Airport Master Plan. It was known at that time that the City was considering revising the Master Plan so the Board of Commissioners agreed to continue the hearing to a later date. Unfortunately, the Master Plan has not been completed to date. The good news is that the City of Bend plans to move forward with the new Master Plan and have it complete by the Spring of 2oli. Thus, we ask that the hearing scheduled for February 10, 201o be continued until Spring Of 2011. Even if the Master Plan is not complete at that point, we should have a good idea regarding whether or not the Master Plan will provide for expansion towards the Gibson Airpark property. CORDOCS:60012185.1 Anthony Raguine January 27, 2010 Page 2 Unfortunately, neither myself nor Jeff Wilson from my office are available to attend the hearing on February loth. Last month we were informed that Jeff Wilson must be in Salem, Oregon for an oral argument before the Court of Appeals on that day, and as a consequence I have to cover a settlement conference in Crook County. Consequently, if the Board of Commissioners decides to proceed on the application and not grant our request for a continuance, I ask that the February loth hearing be rescheduled for a time as soon as practically possible after February loth so that my client can have counsel present to answer any questions the Board may have regarding the pending application. We apologize for any inconvenience this may cause, but unfortunately we cannot control the Court of Appeals. We understand the County's desire to conclude this matter, but in light of the application fee paid by my client and the reasonably limited number of issues that appear to be holding this matter up at this point, I believe a continuance until Spring of 2011 is an appropriate request. Please feel free to call me with any questions or concerns. Thank you again for your understanding. Best regards, Will A. Van Vactor I cc: Patrick Gisler CORDOCS:6DO12185.1 O MILLER NASH-, ATTORNEYS AT LAW Will A. Van Vactor will.vanvactor@millemash.com (541) 447-5777 direct line VIA E-MAIL and REGULAR MAIL PORTLAND, OREGON SEATTLE, WASHINGTON VANCOUVER, WASHINGTON CENTRAL OREGON WWW.MILLERNASH.COM January 21, 2010 Anthony Raguine, Senior Planner Deschutes County Planning Division 117 NW Lafayette Ave Bend OR 97701-1925 .f JAN 2 2 2010 W Subject: Gibson Airpark Zone Change; File Nos. PA-o8-3/ZC-08-3 Dear Anthony: 446 N.W. Third Street Prineville, Oregon 97754-1757 OFFICE 541.447.5777 FAx 541.447.5755 The purpose of this letter is to request a continuance for the upcoming hearing in the above-referenced matter. As I understand, and as can be expected, the map is slowly being developed. Certainly my client wishes that this process would move quicker so that he can move forward with the zone change, however as we know, the preparation of a new master plan is a time-consuming process. Thus, my client wishes to continue the upcoming hearing scheduled for February 10, 2010 on the above-referenced matter. This letter is my client's formal request for a continuance. Please let me know if you anticipate any problems with this request. I appreciate your courtesies in this matter and hope that we are in a better position to move forward with the zone change and plan amendment in the near future. Best regardsAVa \NN ~ V. Will A. Van or cc: Patrick Gisler CORDOCS:60012110.1 Central Oregon Tech Companies Bioscience Sector 2-8-10 ]RC City Estab. Employ Bend Research, Inc.* Pharmaceutical Bend 1975 170 Suterra LLC* Biotech pest control Bend 1984 80 MediSISS* Medical devices Redmond 1991 47 Metabolic Maintenance* Nutraceuticals Sisters 1994 30 Grace Bio-Labs, Inc.* Bio-research products Bend 1986 22 Philips /Respironics(MiniMitter)* Medical devices Bend 1971 20 Columbia Medical, Inc. Medical devices Redmond 1984 12 Validation Resources* Analytical lab Bend 2001 11 Green Ridge Consulting* Pharma consulting Bend 2007 10 Powers of Automation Control systems Bend 1997 10 Agere Pharmaceuticals* Pharmaceutical Bend 2007 7 Blue Reference Software Bend 2005 7 Clear Catheter Systems Medical devices Bend 2006 Medsoftccs Software Bend 2008 Azteria Recruiting/Career Mngt. Bend *Member of Central Oregon Bioscience Industry Consortium Total employment -430 Revenue from outside area >95% Clean Energy Idatech Fuel cells Bend 1996 87 PV Powered Solar inverters Bend 2003 65 Dent Instruments Power meters Bend 1988 16 InEnTec Waste processing Bend 5 AC Technologies PV systems Bend 2008 4 PV Trackers Solar trackers Bend 2003 Semiconductor Related Microsemi (fmr APT) Power devices Bend 1984 147 Tri-Quint (fmr TFR) RF components Bend 1990 22 RBD Instruments Surface science equip Bend 1990 15 Quarter Research Probing stations Bend 1978 Software GL Suite G5 Search Marketing Specialty Manufacturing PCC Schlosser Outback Manufacturing Entre Prises Jarno International Aviation Lancair International Electronics International Precise Flight Leading Edge Aviation Mountain High Oxygen Systems Kawak Aviation Griffin Interiors Direct to Avionics Winward Performance Gov licensing Bend 40 Internet search Bend 28 Titanium casting Redmond 1989 200 Machining Bend 15 Climbing walls Bend 1999 Machining Redmond Kit planes Redmond 60 Instruments Bend 35 Guidance equip Bend 23 Helicopters Bend 10 Oxygen deliv equip Redmond 8 Aircraft accessories Bend 5 Aircraft interiors Bend 5 Avionics service Bend 5 Gliders Bend 3 Geothermal Davenport Power (HQ in Connecticut, drilling at Newberry, received Fed & private capital) Vulcan Power (HQ in Bend, recently received capital infusion of $108 million) a agere _ Jim Clinton, Ph.D. Bend City Councilor City of Bend Bend, OR 97701 Re: Letter of support for Applied Research Center February 2, 2010 Dear Jim, The proposed Applied Research Center is an exciting concept for the Central Oregon technology community. As a small technology company, Agere Pharmaceuticals would benefit greatly from ARC in several ways. First, the concentrated expertise and laboratory facilities will augment those at Agere and hence would delay and/or offset significant capital investments while still allowing Agere to acquire critical data necessary to expand our technologies and business. In addition, ARC will play an important role in stimulating new entrepreneurs to start new technology companies in Central Oregon. Currently, there is a large barrier for would-be technology start-ups due to the lack of infrastructure available in the Bend area. Long-term, companies spawned and supported by ARC could grow to the point that Bend becomes known as a desirable region for technology and potentially attract larger companies to relocate and/or expand in Central Oregon thus providing a larger pool of resources and attracting potential employees to the area. Finally, given that no research or four-year university exists in Central Oregon, relationships between ARC and Oregon universities can potentially provide a tailor-made work force for our company as well as existing and new companies. These collaborations also have the potential to spawn new technology companies as students and research professors collaborate on research projects at ARC. Agere would benefit significantly from all of the above through direct cost savings and indirectly through establishing a strong technology community that provides a network of human capital and supporting companies (customers and vendors). Sincerely, Marshall Crew, Ph.D., President Agere Pharmaceuticals, Inc. Agere Pharmaceuticals, Inc. 20354 Empire Avenue, Suite D4, Bend, Oregon 97701