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2016-595-Minutes for Meeting December 19,2016 Recorded 12/30/2016DESCHUTES NANCY BLANKENSHIP,FCOUNTY CLERK DS CJ 1016'595 COMMISSIONERS' JOURNAL 12/30/2016 02:40:14 PM (I III i i l 110-11111111111111 Do not remove this page from original document. Deschutes County Clerk Certificate Page TES 0Deschutes 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, DECEMBER 19, 2016 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Dave Doyle, County Counsel; Cynthia Smidt and Will Groves, Community Development; and about a dozen other citizens. No representatives of the media were in attendance. PLEDGE OF ALLEGIANCE CITIZEN INPUT None was offered. Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval of the Consent Agenda. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 1 of 13 Consent Agenda Items 1. Board Signature of Document No. 2016-512, for Children's Psychiatric Day Treatment 2. Board Signature of Resolution No. 2016-067, Initiating the Vacation of a Portion of Woodland Drive 3. Board Signature of Order No. 2016-047, Vacating a Portion of Woodland Drive 4. Board Signature of Document No. 2016-575, an Amendment to a WEBCO Agreement 5. Consideration of Board Approval of Document No. 2016-786, a Justice for Families Grant Application 6. Board Signature of Document No. 2016-790, a Quitclaim Deed to the Sonnie Grossman Family Trust 7. Board Signature of Letters regarding the Lazy River Special Road District Board: Accepting the Resignation of Dalton Miller -Jones and Thanking him for his Service; Reappointing Candace Little through December 31, 2019; and Appointing Richard Wagner through December 31, 2019 8. Board Signature of Letters Appointing Robert Ross, MD, and Rebeckah Berry to the Deschutes County Public Health Advisory Board, through August 31, 2019 9. Board Signature of a Letter Reappointing Jo Kilmer to the Board of Sun Mountain Ranches Special Road District, through December 31, 2019 10. Board Signature of a Letter Appointing Gary Miller to the Board of Panoramic Access Special Road District, through December 31, 2019 11. Board Signature of a Letter Accepting the Resignation of Randall Brady from the Noxious Weed Advisory Board, and Thanking him for his Service 12. Board Signature of a Letter Reappointing Mike Maier to the Deschutes County Budget Committee, through December 31, 2018 13. Board Signature of the Minutes of the December 14, 2016 Business Meeting and Work Session Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 2 of 13 ACTION ITEMS 14. Chair Signature of Document No. 2016-781, a Promissory Note Amendment with the Humane Society of Redmond (Brightside Animal Center). Erik Kropp explained the item and introduced Mark Crose of Brightside. Brightside has paid off $1 million of a $1.5 million loan from the County, and needs an additional six months to pay off the balance. Mr. Crose added that the County's help is appreciated. They have been using the Teater Trust to pay off the loan balance, and have a scheduled payment in 2018 with another to follow in 2020. An 11 -acre parcel in Redmond is also a part of the trust. The trustee has been asked if the property can be sold at this time, now that property values have increased. There was some resistance but it appears that he finally will consider this. The funds would pay off the loan to the County and build up reserves for the shelter facility. There is already some interest in the land. The proceeds will be split evenly with the Humane Society of Central Oregon, per the trust. Chair Unger said they have been looking at this for years, and the trustee has not been very cooperative in the past. Mr. Crose suggested that a letter from the Board might help move this along. The trust no longer generates revenue from the now -vacant property, and it is a good time to close it out. Commissioner Baney stated that the organization is very different today than it was in 2008. They provide a service that is very valuable to the community. Now that the market is stronger, it is time to sell the property. It makes a lot more sense to do this now. She is supportive of an extension at this time as well, to make this work. Commissioner DeBone sees these as separate transactions. He is supportive of both. He is sure they did not want this to go on as long as it did, but the economy was a big factor. Tom Anderson asked about the partnership with the COCC vet tech program. Mr. Crose replied that it is working great for both COCC and Brightside. BANEY: Move approval of the extension. DEBONE: Second. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 3 of 13 VOTE: BAN EY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 15. A Public Hearing and Consideration of Board Signature of Document No. 2016-763, an Outdoor Mass Gathering Permit for 4 Peaks Music Festival. Chair Unger opened the public hearing. Cynthia Smidt gave a staff report with the details of the permit application. She said that some minor corrections were made by Counsel. She said that zoning ordinances do not apply to mass gatherings. The governing body is required to issue the permit if the applicant complies with the appropriate regulations. Notice was provided to surrounding neighbors and some public agencies. This permit has been issued for nine of the past ten years. It started out as a larger event; a year was missed, and it was downsized after that. It was permitted up to 1,000 patrons in 2014 and 2015. In 2016, they were allowed no more than 1,500. They are now requesting a maximum of less than 3,000 attendees, at a different location; it would be at Stevenson Ranch in southwest Bend near Knott landfill. The surrounding properties are primarily farms, rural commercial, industrial and government. The Sheriff's Office did not submit any comments but signed the application approving the security plan. Community Development and Road would provide other approvals. Knott Road has a high average daily traffic count and a more detailed traffic control plan has been required. The driveway also needs to be graveled to protect Knott Road. Appropriate stacking will be required to get traffic off the road as quickly as possible. There have been concerns voiced by neighbors regarding traffic, noise, safety, fire and other issues. There have been some agricultural -related events at the location in the past. Risk Management may know about these, but there would probably have been fewer than 500 attendees at each. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 4 of 13 Chair Unger asked who has the final say on approval. Ms. Smidt said the Sheriff will check out the individuals involved, but mostly it falls on the Road Department in regard to traffic. Stacy Totland, organizer of the event, commented on the Stevenson Ranch property. They have had a Celtic event and horse events there, but this would be in a different part of the property. She gave an overview of the past permits. She said that they are staggering the arrival times and the road is better than in the past, with the ability to get people off the road immediately. They have the best interests of the community in mind. Regarding noise, after 10 PM there is no amplified music. After that, it is in a tent and acoustic only, until midnight. No radios or other amplified music is allowed after that. They have met the requirements in the past and all departments have signed off on the new permit. Commissioner Baney stated that the challenge is that it is new in this area. She asked if they are moving from the old location due to local complaints. Ms. Totland said that is not the case. Commissioner Baney noted that Mr. Conway of the Pape family is concerned about wildfire. She asked if there is a water truck available on site. Ms. Totland replied that measures are being taken to provide water spigots on site along with a pond. They are working with the Fire Department on all of this. They had not talked about having a water truck. Commissioner Baney encouraged her to meet the concerns of the community as much as possible. Ms. Totland stated that the festival will occur in June rather than August, which might help to mitigate fire concerns. Regarding neighbors, they love to invite them and encourage them to see what they are doing. The original opposition in 2007 are now fans and attendees. Commissioner DeBone asked if it is grassy or dirt, and whether there has been fuels reduction done. Ms. Totland replied the family is doing a great job, with grassy and irrigated pastures. There won't be people there the whole time. Those driving by won't be able to see the festivities from the road. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 5 of 13 Chair Unger said that noise is often a concern. He asked how they will remain compliant. Ms. Totland said the stage music is turned off at 10 PM. She personally checks with a decimal reader at the tents. She communicates with sound staff to make sure this is controlled. Ms. Totland said that security is present 24 hours a day. Commissioner Baney said someone is concerned about the canals. Ms. Totland said the past property had a pond and irrigation but they did not have any problems, and used appropriate signage. Chair Unger opened the hearing to other testimony. Dave Ledder lives at the southeast boundary of Stevenson Ranch. He isn't saying anyone is wrong, but he happens to be in favor of it. The great thing is that this gives bands a forum to share their music. He knows that people sometimes think about Woodstock when you talk about festivals. They are now gatherings for families and music lovers. He has no problem with this, and he will be close to it. It provides a lot of benefits. Those who are fearful probably have not been to one recently. He would like them to keep an open mind. He has attended blue grass festivals, and knows these events are good for the community and businesses. Dina Bennett lives on Tekampe Road. She provided a copy of an e-mail sent to staff. She is not against festivals, and is a business owner. She understands the economic benefits, but doesn't think this is the right location. She looked at the proposed traffic plan and doesn't think it complies with regulations. She computed the size of vehicles and the entry area. She feels a maximum number of fifty vehicles can come in at a time. This will mean a backup on the road. Traffic has increased because of the construction on 27th Street. People will not drive carefully and some will end up on Tekampe Road, which has no outlet. She feels this is a dangerous situation. She has friends that have gone to 4 Peaks events. The events at Stevenson Ranch took place years ago, before a lot of development off Knott Road. She thinks 4 Peaks wants to grow, and she is not sure Knott Road is appropriate for this kind of growth. Regarding fire, the concerns are forest lands adjacent to the Ranch. Fire trucks need to have access. ) Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 6 of 13 She understands the decibel level that is allowed, but is not sure if this can be controlled, twelve hours a day for three days. 4 Peaks will double its ticket sales but she doesn't think they have the ability to monitor such a large crowd. It is a residential neighborhood. She feels they are in violation of permit requirements, in particular conducting music between midnight and 9 AM. Their website says 'non-stop music' and 'late night music'. Also, the rules say no gathering is to be promoted without a permit, but they are already advertising it. She understands people want to know about it, but it is not respectful to the letter of the permit. They can't be trusted if they are already doing this. She is a taxpayer and wants the Commissioners to tell 4 Peaks to find another place to grow. Carl 'Bill' Hopp represents the Deiter Trust who owns property on Sholes Lane. His client purchased the property as of November 29, after the notices were sent out. He wants the record to be kept open for his client to respond. The client owns property at a corner of the Stevenson Ranch. They are concerned about law enforcement, since there will be no sworn officers there. It is not unlike the Sisters Rodeo where alcohol is served. Fire is a big issue and this is not being addressed adequately. They need a water truck and access for fire equipment. They are trying to blow off the need for an ambulance. The noise levels are a concern; 70 decibels is equivalent to a shower or a dishwasher. This is in an EFU zone with livestock and residents. Livestock do not do well with loud noises like a rock festival. The applicant says it may exceed this noise level. His client bought the property to enjoy peace and quiet. Jeff Hinkle is the site manager for 4 Peaks. He is very involved in making sure everything works. They will have certified flaggers on Knott Road, similar to road construction or any other event. There is a long driveway before the queue -up lines. They can handle 62 cars at a time and don't expect everyone to show up at once. The Fire Department feels that the ambulance is better off at the station. They will have trained EMT's and equipment on site. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 7 of 13 Fire is a concern anywhere in Central Oregon. This area has large portions that are already cleared. There is a buffer between camping and the tree line for access and security. The pastures are irrigated. There is a pond on site that is accessible for larger quantities of water. The canal is going to be piped in during April by the irrigation district. They are not using the whole property, and the canal is away from public use. The around-the-clock music might be individuals playing their guitar. They do have a silent disco event with headphones, which is very entertaining. They have not put out their new location and dates yet. They do other things during the year on their website, but are waiting for permits on this one. They are growing but do not want to get much bigger. They like it to me more intimate. It was suggested that this be held at Les Schwab or the Fairgrounds, but Les Schwab has no place to camp. The Fairgrounds is not conducive to camping or a smaller event that works best being out in nature. Commissioner Baney asked about access for fire trucks. Mr. Hinkle said there would be a separate access. There won't be any problem with access for them, or any blockage. Howard Koff testified that he is Ms. Totland's father and is in charge of transportation for the bands, and provides manual labor for set-up. He identifies with the concerns. The traffic will not a problem at all. Tumalo Reservoir Road was much more challenging but there was not a backup there, either. They do want to keep this as intimate as possible in the future. He said that Ms. Totland may have made a mistake and did not realize you cannot disclose the site before the permit is obtained. He did not know this, either. The website runs year-round and talks about all events. There is not a connection between that mistake and a disregard for authority or that the organizers cannot be trusted. They work closely with the Fire Department and the many others involved. They want to do this properly. He feels that these organizations respect what they are trying to do. Security is phenomenal. There will not be cars parked off-site. The Sheriff's Office has a presence there along with security. There is alcohol, but Bend is a beer town and some of the local brewers will be there, as will some winery sponsors. They have other prominent people and companies that sponsor this family -friendly event. This is going from 17 acres to over 100 acres. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 8 of 13 Chair Unger stated that there was a request for the record to be left open until end of the day on Friday, December 23. He suggested that this be addressed further on December 28. Commissioner Baney is concerned about the new property owner who missed out on notification. However, it appears much is legally allowed or can be mitigated. Commissioner DeBone said the assumption is to get to yes with conditions. Commissioner DeBone asked about ticket sales and how they will handle traffic in that fashion. Ms. Totland replied they are prepared with will -call and flaggers. Two years ago, they were sold out ahead of time and did not allow someone just passing by to enter. They would do the same this time. Tickets would go on sale in March. In regard to advertising, the new address was indicated but they have not opened it up for ticket sales. She would love those in the neighborhood to join them. They limited it in the past, but had only 17 acres. Commissioner Baney noted that concerns are valid for a new location. There is a responsibility to protect the community, but knows they don't want something bad to happen there. She asked if the ambulance is needed, is a waiver appropriate. She knows the Fire Department wants it available to others, so hopes this can be mitigated. Ms. Totland replied that this came up in the past. There are a couple of stations within a few miles. There is another company that may be available. They will beef up their medical response on site in other ways. They have never had a problem with this in the past. Commissioner Baney would like more clarity on this particular issue by next week. She appreciates that they would have dedicated access. Ms. Totland said that non-stop music means throughout the day — one band stops, another starts. They don't mean non-stop music or drinks being served late at night. Commissioner Baney asked what is allowed for an outdoor mass gathering. Ms. Smidt said in 1971, the State put this in place to have some boundaries around events. It has been modified over the years. The law says that the governing body shall issue the permit if health and safety rules are being met — roads, health, food, OLCC, safety and so on. The event organizers check for alcohol and other things being brought in. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 9 of 13 David Doyle said that the County's rules are subservient to State law. He knows of none that were denied at the State level if safety and health requirements were met; he does know of at least one that was approved on appeal. The State strongly supports these events. Commissioner DeBone asked if there has been a fuels reduction review, if the event is held in an area that is a problem. Ms. Smidt stated that the Fire Department comes out before the event to check structures and other aspects. Commissioner Baney would like to find out more about the Sheriff's Office's part in this, and what an officer is able to do. Ms. Smidt said they have to hire security and the Sheriff does background checks on these individuals. The Board closed the oral part of testimony, leaving written testimony open until Friday, December 23 at 5 PM. The Board will address this further at their business meeting on December 28. 16. Consideration of Board Signature of Document No. 2016-614, Denying an Appeal of a Hearings Officer's Decision Regarding Widgi Creek Subdivision Land Use Issues (Kine & Kine). William Groves provided a brief overview of items #16 and #17. The findings have been drafted for review and approval, based on past Board deliberations. Commissioner Baney felt a good job was done to capture the Board's thoughts. Commissioner DeBone agreed. Chair Unger concurred. BANEY: Move Board signature of Document No. 2016-614. DEBONE: Second. VOTE: BAN EY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 17. Consideration of Board Signature of Document No. 2016-615, Denying an Appeal of a Hearings Officer's Decision Regarding Widgi Creek Subdivision Land Use Issues (Kine & Kine). Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 10 of 13 BANEY: Move Board signature. DEBONE: Second. VOTE: BAN EY: Yes. DEBONE: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 18. Consideration of Board Signature of a Letter Reappointing Mike Maier to the 9-1-1 County Service District Budget Committee, through December 31, 2018 DEBONE: Move approval. BAN EY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 19. Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $409,124.76. Mr. Anderson said some is for the computer aided dispatch system through Tyler Company. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (Two Weeks) in the Amount of $3,900.63. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 11 of 13 DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF COUNTYWIDE LAW ENFORCEMENT DISTRICT #1 21. Consideration of Board Signature of a Letter Reappointing Mike Maier to Countywide Law Enforcement District #1 Budget Committee, through December 31, 2018 DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF RURAL LAW ENFORCEMENT DISTRICT #2 22. Consideration of Board Signature of a Letter Reappointing Mike Maier to Rural Law Enforcement District #2 Budget Committee, through December 31, 2018. DEBONE: Move approval, with thanks to Mr. Maier. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 23. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County (Two Weeks) in the Amount of $752,561.05. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 12 of 13 Mr. Anderson said that some is restocking the shelves of the DOC pharmacy, and a release of security on the Pronghorn Hotel, which is now being built. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 24. ADDITIONS TO THE AGENDA ADJOURN Being no further items addressed, the meeting was adjourned at 11:27 a.m. DATED this Z/ ✓ Day of l' 2016 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Alan Unger, Chair 111 Tammy Baney, Nice Chair Anthony DeBone, Commissioner Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 13 of 13 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, MONDAY, DECEMBER 19, 2016 Barnes and Sawyer Rooms - Deschutes Services Center- 1300 NW Wall Street- Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public live or at a later date; and written minutes are taken for the record. CALL TO ORDER PLEDGE OF ALLEGIANCE 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. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Board Signature of Document No. 2016-512, for Children's Psychiatric Day Treatment Board of Commissioners Business Meeting Agenda Monday, December 19, 2016 Page of 4 2. Board Signature of Resolution No. 2016-067, Initiating the Vacation of a Portion of Woodland Drive 3. Board Signature of Order No. 2016-047, Vacating a Portion of Woodland Drive 4. Board Signature of Document No. 2016-575, an Amendment to a WEBCO Agreement 5. Consideration of Board Approval of Document No. 2016-786, a Justice for Families Grant Application 6. Board Signature of Document No. 2016-790, a Quitclaim Deed to the Sonnie Grossman Family Trust 7. Board Signature of Letters regarding the Lazy River Special Road District Board: Accepting the Resignation of Dalton Miller -Jones and Thanking him for his Service; Reappointing Candace Little through December 31, 2019; and Appointing Richard Wagner through December 31, 2019 8. Board Signature of Letters Appointing Robert Ross, MD, and Rebeckah Berry to the Deschutes County Public Health Advisory Board, through August 31, 2019 9. Board Signature of a Letter Reappointing Jo Kilmer to the Board of Sun Mountain Ranches Special Road District, through December 31, 2019 10. Board Signature of a Letter Appointing Gary Miller to the Board of Panoramic Access Special Road District, through December 31, 2019 11. Board Signature of a Letter Accepting the Resignation of Randall Brady from the Noxiouos Weed Advisory Board, and Thanking him for his Service 12. Board Signature of a Letter Reappointing Mike Maier to the Deschutes County Budget Commitee, through December 31, 2018 13. Board Signature of the Minutes of the December 14, 2016 Business Meeting and Work Session ACTION ITEMS 14. Chair Signature of Document No. 2016-781, a Promissory Note Amendment with the Humane Society of Redmond (Brightside Animal Center) - Erik Kropp, Deputy County Administrator 15.A Public Hearing and Consideration of Board Signature of Document No. 2016-763, an Outdoor Mass Gathering Permit for 4 Peaks Music Festival - Cynthia Smidt, Associate Planner Board of Commissioners Business Meeting Agenda of 4 Monday, December 19, 2016 Page 2 16. Consideration of Board Signature of Document No. 2016-614, Denying an Appeal of a Hearings Officer's Decision Regarding Widgi Creek Subdivision Land Use Issues (Kine & Kine) - William Groves, Senior Planner 17. Consideration of Board Signature of Document No. 2016-615, Denying an Appeal of a Hearings Officer's Decision Regarding Widgi Creek Subdivision Land Use Issues (Kine & Kine) - William Groves, Senior Planner CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 18. Consideration of Board Signature of a Letter Reappointing Mike Maier to the 9-1-1 County Service District Budget Committee, through December 31, 2018 19. Consideration of Approval of Weekly Accounts Payable Vouchers CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 20. Consideration of Approval of Weekly Accounts Payable Vouchers CONVENE AS THE GOVERNING BODY OF COUNTYWIDE LAW ENFORCEMENT DISTRICT #1 21. Consideration of Board Signature of a Letter Reappointing Mike Maier to Countywide Law Enforcement District #1 Budget Committee, through December 31, 2018 CONVENE AS THE GOVERNING BODY OF RURAL LAW ENFORCEMENT DISTRICT #2 22. Consideration of Board Signature of a Letter Reappointing Mike Maier to Rural Law Enforcement District #2 Budget Committee, through December 31, 2018 RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 23. Consideration of Approval of Weekly Accounts Payable Vouchers OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS Board of Commissioners Business Meeting Agenda of 4 Monday, December 19, 2016 Page 3 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN To watch this meeting on line, go to: www.deschutes.orq/meetinqs Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. alDeschutes County encourages persons with disabiities to participate in all programs and ® activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orq/meetingcalendar (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.) Board of Commissioners Business Meeting Agenda of 4 Monday, December 19, 2016 Page 4 w 0 BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: -\ � -� �-TO Name A:::>/&\-) C — ��-- Address Vs. = AA Phone #s rI1- -7�� E-mail address In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Date: { BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Opposed No Subject: :� � C�,�S tU'( Fe4a ViVIAn � RY44-0c)--Date: fob iq Name I V10�� In (ne H Address 60 Phone #s 5 1 3'3' b4,6 E-mail address In Favor Neutral/Undecided `/ Submitting written documents as part of testimony? /` Yes If so, please give a copy to the Recording Secretary for the record. Opposed No Subject: BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Name--,Trg /Q/ Date: Address 'OZ, C� sk--/(70 ote 772 Phone #s 5'7/ 7 ‘6' E-mail address &o/Vii/V, ca/‘/. In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Opposed No Subject: 01-\:1- Po •so r- n j `t• 11, 2n Date: i; Name 1-4) 14 Address / t 4/IJ 6 y ,1 4 Phone #s y8 E-mail address 10 tt";<.) It In - In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Pe--akc Name WARb Address /(d th tAhL,0 (1_ Ok_ -Q41 -7-1t93 Phone #s E-mail address In Favor h ()A les-Hputi ecrs et)-yvi Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed Y1 No From Dina Bennett diva claire.benneit@gmail.com :3ubjcct: Reference File Number: 24 7 -16-000694-0MG Date: December 16, 2016 at 2:07 PM Cynthia.S midi deschutes.org Cc: Bernard Gateau bernard.gatoau@grnail.corn, Joann Jacobs joannQcascadcviewranch.con Dear Ms. Smidt, Thank you very much for your time today. I appreciate that you called me back so quickly. As I mentioned in my message, I live at 60550 Tekampe Road and am writing to voice the strongest possible opposition to issuance of a permit to hold a 3 -day rock festival/mass gathering up the street from me. The festival in question will have extensive negative and potentially dangerous impact on our neighborhood. 1. OMG permit regulation 8. 16. 290 stipulates that no OMG can be conducted between midnight and 9:00a.m. 4Peaks promotes their festival as nonstop music. Nonstop by definition means 24 hours a day every day. Further, 4Peaks website lists testimonials from festival goers about how wonderful their midnight jams were. la. Related to noise is the fact that 50-70 decibels at the source does not stay contained, as sound waves cross property borders regardless of what the State or County may wish. 2. OMG permit regulation 8.16.160A stipulate that no gathering shall be advertised or promoted without a permit. 4Peaks is advertising the location for their festival as a given, despite that no permit has yet been issued. This makes apparent their lack of regard for even the modest of regulation. 2a. OMG permit regulation 8.16.190A states that a permit will be approved upon demonstration by the Organizer of compliance..." 4Peaks disregard for this regulation is already in evidence, therefore grounds for a permit not to be issued. 3. Most everyone in the neighborhood surrounding the festival locationowns livestock and pets, any of which could be endangered by a mass gathering of people which, because it is a rock festival, by its nature encourages wandering around, and which therefore instills in people a sense that they are "free" to go where they wish on what they imagine is public land. 4. The proposed festival site will not accommodate 750-1000 vehicles. As there can be only one point of access to/from a busy road already strained by additional traffic, OMG permit regulation 8.16.260C will immediately be violated. 4a. There is only one crossroad road near the festival site and that is Tekampe Road. Attendees will naturally seek parking on the nearest cross street, therefore Tekampe Road. Both Tekampe and its side street Sholes, are No Outlet roads which would see throngs parking on the roadside, in front of private properties, turning around on private property, blocking access (as we all know happens), creating a traffic nightmare. 5. There is neither a traffic circle, a traffic light nor a four-way stop at the main intersection next to Stevenson Ranch, where 15th Street/Tekampe cross Knott Road. With the influx of thousands of people, it will be next to impossible for locals to maintain their daily life, in turn generating a situation ripe for traffic accidents. 6. The 27th Street Sewer project is underway, rerouting traffic north on 15th Street. This is already causing traffic difficulties for which there is no resolution on offer. 7. 4 Peaks specifically promotes alcohol sales and late night music on its website, along with nonstop music, neither of which are in keeping with a quiet neighborhood where there are children. Comments from attendees are proudly given their own page, where others can read about how two of the reasons to attend this festival are late night music and drinking alcohol. 8. 4Peaks annual festival has resulted in complaints being filed annually by the neighborhood where they have held the festival until deciding to move to a new location. I'm asking for a thorough vetting of 4Peaks ability to meet the specific constraints of their permit in the past, as indication whether they intend to ensure that, should a permit be issued, constraints will be managed to the letter. I ask all Commissioners to state publicly whether they would welcome 4Peaks to their neighborhood. Ji�r� armee /a/i;7or� az,Ze-Td deaAal 6L (152z7ze/a4e,e2,o2.4 ` 020/7 &) 5- 9 L ��y e2 ji'71;7e, Z�-6e i /27 " _A‘z,77d/lea , &( mea /2,4„7, 2/776-elct/z,e- j& -7z? sem✓ ,�� 'Z -'C7 r z'4 (For -Q1 COgs r" • 6,/,"&) Q 977002- 72- ,C9cI ,r c?LrRiC/ ;.0 cCef-r Asz_ J70,i7LeddZd ) 4), ql1c2 41- 47/ eve/4 ‘4140e1/4/ eV -e., // cidchuu-/ Cynthia Smidt From: Don Compton <wwwest@bendbroadband.com> Sent: Friday, December 16, 2016 9:25 AM To: Cynthia Smidt Subject: Huge Stevenson Ranch Party Dear Ms. Smidt, I understand the party at Stevenson Ranch is expected to attract up to 3,000 campers, and visitors. That size gathering is not appropriate in our neighborhood. It belongs at the county fairgrounds. The fairgrounds staff is equipped to handle that size gathering. Don Compton 20875 Sholes Road Bend, Oregon 97702 1 Cynthia Smidt From: David Leverick <cpdog1915@yahoo.com> Sent: Friday, December 16, 2016 1:48 PM To: Cynthia Smidt Subject: RE: RE: 20287 Kingsberry Court 97702 Sent from Yahoo Mail on Android On Fri, Dec 16, 2016 at 1:43 PM, Cynthia Smidt <Cynthia.Smidt cr,deschutes.org> wrote: Hi Dave, Thank you for the clarification. Could you also provide your mailing address. Thank you. Cynthia From: David Leverick [mai lto:cpdog1915@vahoo.coml Sent: Friday, December 16, 2016 1:33 PM To: Cynthia Smidt Subject: RE: Sorry It's regarding Stevenson ranch use music event My name is Dave Leverick Sent from Yahoo Mail on Android On Fri, Dec 16, 2016 at 12:52 PM, Cynthia Smidt <Cynthia.Smidtndeschutes.org> wrote: Hello, I'm unclear what this email is about and who it is from Please confirm your name, address, and project you are referring to. ''hanks. Cynthia Smidt, Associate Planner Community Development Department PO 13ox 6005 1 117 NW Lalayctte Avenue Bend, Oregon 97708-6005 I'cl: (541) 317-3150 www.deschutes.ora/cd Please note that the inJorination in this email is an infOrinal statement made i/1 accordance with DCC 22.20.005 and shall not he deemed to constitute final County action effecting a change in the status of (tperson's property or Con erriii r any rights, including any reliance rights, on any person. From: cndoe1915 (l,vahoo.com Imailto:cpdog1915 ct,yahoo.corn1 Sent: Friday, December 16, 2016 11:27 AM To: Cynthia Smidt Subject: I think it's a great idea It's away from near by neighborhoods Some of the people in woodside ranch don't want it, but the fact is they have had events there before and it came off without any problems 0 by the 21st I live in woodside ranch Sent from my LG Mobile 2 Cynthia Smidt From: Dina Bennett <dina.claire.bennett@gmail.com> Sent: Friday, December 16, 2016 2:07 PM To: Cynthia Smidt Cc: Bernard Gateau; Joann Jacobs Subject: Reference File Number: 24 7 -16-000694-0MG Dear Ms. Smidt, Thank you very much for your time today. I appreciate that you called me back so quickly. As I mentioned in my message, I live at 60550 Tekampe Road and am writing to voice the strongest possible opposition to issuance of a permit to hold a 3 -day rock festival/mass gathering up the street from me. The festival in question will have extensive negative and potentially dangerous impact on our neighborhood. 1. OMG permit regulation 8. 16. 290 stipulates that no OMG can be conducted between midnight and 9:00a.m. 4Peaks promotes their festival as nonstop music. Nonstop by definition means 24 hours a day every day. Further, 4Peaks website lists testimonials from festival goers about how wonderful their midnight jams were. 1 a. Related to noise is the fact that 50-70 decibels at the source does not stay contained, as sound waves cross property borders regardless of what the State or County may wish. 2. OMG permit regulation 8.16.160A stipulate that no gathering shall be advertised or promoted without a permit. 4Peaks is advertising the location for their festival as a given, despite that no permit has yet been issued. This makes apparent their lack of regard for even the modest of regulation. 2a. OMG permit regulation 8.16.190A states that a permit will be approved upon demonstration by the Organizer of compliance..." 4Peaks disregard for this regulation is already in evidence, therefore grounds for a permit not to be issued. 3. Most everyone in the neighborhood surrounding the festival locationowns livestock and pets, any of which could be endangered by a mass gathering of people which, because it is a rock festival, by its nature encourages wandering around, and which therefore instills in people a sense that they are "free" to go where they wish on what they imagine is public land. 4. The proposed festival site will not accommodate 750-1000 vehicles. As there can be only one point of access to/from a busy road already strained by additional traffic, OMG permit regulation 8.16.260C will immediately be violated. 4a. There is only one crossroad road near the festival site and that is Tekampe Road. Attendees will naturally seek parking on the nearest cross street, therefore Tekampe Road. Both Tekampe and its side street Sholes, are No Outlet roads which would see throngs parking on the roadside, in front of private properties, turning around on private property, blocking access (as we all know happens), creating a traffic nightmare. 5. There is neither a traffic circle, a traffic light nor a four-way stop at the main intersection next to Stevenson Ranch, where 15th Street/Tekampe cross Knott Road. With the influx of thousands of people, it will be next to impossible for locals to maintain their daily life, in turn generating a situation ripe for traffic accidents. 6. The 27th Street Sewer project is underway, rerouting traffic north on 15th Street. This is already causing traffic difficulties for which there is no resolution on offer. 1 7. 4 Peaks specifically promotes alcohol sales and late night music on its website, along with nonstop music, neither of which are in keeping with a quiet neighborhood where there are children. Comments from attendees are proudly given their own page, where others can read about how two of the reasons to attend this festival are late night music and drinking alcohol. 8. 4Peaks annual festival has resulted in complaints being filed annually by the neighborhood where they have held the festival until deciding to move to a new location. I'm asking for a thorough vetting of 4Peaks ability to meet the specific constraints of their permit in the past, as indication whether they intend to ensure that, should a permit be issued, constraints will be managed to the letter. I ask all Commissioners to state publicly whether they would welcome 4Peaks to their neighborhood. Dina Bennett 2 Cynthia Smidt From: Dieter Lane <deiter.lane@yahoo.com> Sent: Friday, December 16, 2016 2:19 PM To: Cynthia Smidt Subject: Mass gathering Attachments: 161128 Stevenson Ranch June Event.pdf; ATT00001.txt Hi Cynthia Thank you for getting back to me. We closed on 20790 Sholes rd on November 29th 2016. The notice for the mass gathering was mailed to the previous owners on November 28. It was mailed to their PO box in Bend but they are living in California so to took awhile to get to them. The previous owners just sent me the notification today December 16th. I would like to go on record as being apposed to this mass gathering request. We share a property line with the mass gathering property. In their application they state that up to 3000 People will attend,and RV'S and camping will take place as well as food and drinks. My main concerns are safety and security, drugs and alcohol are sure to be a large part of this gathering not to mention sanitation for up to three thousand people. Who will control this very large crowd of people?Law enforcement should be consulted as well as fire and rescue agencies. We feel this is a very inappropriate use for this property and sets a dangerous precedent that would have a damaging impact on our community. Thank you Deiter Lane Right now my mailing address is Defter Lane 78 Mele Komo Place Lahaina Hi 96761 1 Cynthia Smidt From: Joann Jacobs <joann@cascadeviewranch.com> Sent: Friday, December 16, 2016 2:35 PM To: Cynthia Smidt Subject: Re: File Number 247-16-000694-OMG Hi Cynthia, Please share my 'NO MASS GATHERING AT STEVENSON RANCH' with the powers that be: Thanks, Don & Joann Jacobs 60435 Tekampe Road Bend, Or 97702 On Dec 15, 2016, at 12:09 PM, Cynthia Smidt <Cvnthia.Smidt@deschutes.ora> wrote: Hi Joann, Your comments have been received. I will pass your comments to the Board of County Commissioners for final review. If you could please provide your full name and mailing address for our files, that would be great. Thanks. <image001.png> Cynthia Smidt, Associate Planner Community Development Department PO Box 6005 1 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Tel: (541) 317-3150 www.deschutes.ora/cd Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Joann Jacobs imailto:ioann@cascadeviewranch.coml Sent: Thursday, December 15, 2016 11:40 AM To: Cynthia Smidt Subject: File Number 247-16-000694-OMG Importance: High To Whom it May Concern: The surrounding neighbors DO NOT WANT THIS '4 PEAKS MUSIC FESTIVAL' at the Stevenson Ranch. 1 This is a quiet, reserved neighborhood that does not want added traffic, noise, potential fire danger, alcohol, drugs and people trespassing on our property. The Stevenson Ranch is a horse facility and needs to limit public gatherings to horses. NO MASS GATHERING'S IN THIS NEIGHBORHOOD. 2 Cynthia Smidt From: Bill Pon <bpbend@gmail.com> Sent: Saturday, December 17, 2016 8:58 AM To: Cynthia Smidt Subject: Stevenson Ranch Request Cynthia, My wife and I live at 60602 Tekampe Rd. and we are opposed to the request of a large gathering per the Stevenson Ranch request. We believe that there would be excessive noise and it would be a problem for adjoining property owners. These type of events should be held in areas that could support this many people such as the Amphitheater in the Old Mill. Please consider the impact to adjoining/ nearby neighbors when making your final decision. If you have any questions, please call me at 541-815-4140 Thank you, Bill Pon, Principal Broker RE/MAX Key Properties- Commercial Division (541) 815-4140 Mobile (541) 728-0033 Office bpbend@gmail.com williampon.remaxagent.com 431 NW Franklin Ave. Bend, Or. 97701 Licensed Principal Broker in the State of Oregon 1 Cynthia Smidt From: Carol Armstrong <carol.a@bendbroadband.com> Sent: Sunday, December 18, 2016 9:10 AM To: Cynthia Smidt Cc: 'Arnold Irrigation District; ajbeatty103@gmail.com; 'Joann Jacobs'; 'Dina Bennett; Terri Holm Subject: 4 Peaks Festival proposed site on Knott Rd. Dear Cynthia Smidt, The proposed 4 Peaks Festival event for the Stevenson Ranch location would have serious impact on neighbors, livestock, pets and traffic. At one time this area was considered Rural.. however the Stevenson Ranch now fronts a very busy and heavily traveled Knott Rd. To include a 4 day Rock Concert with the only access on Knott Rd. will have a serious impact on all traveler and neighborhoods also using Knott Rd. Bend has serious growth and internal infrastructure issues enough without planning a huge event fronting one of the only main and heavily traveled roads. As a neighbor using Knott Rd which has a speed limit of 40MPH. I see a very busy rush hours in the AM and PM.. to include a 4 day Rock Concert with the only access being Knott Rd is very concerning and dangerous for neighbors, travelers and festival goers.. Knott Rd has no sidewalks or safety corridors for pedestrian traffic. Directly across from the Stevenson Ranch is a confirmed Deer crossing and a Natural Gas Line I can see huge liability for Stevenson Ranch and the City if a permit is granted for 3000+ individuals and their RV's and cars trying to access this Festival.. especially when the festival Is promoting alcohol and non stop music.. not only will we see the presence of the ticket holders, but numerous people stopping or slowing down on Knott Rd to see what the activity is. As neighbors to this proposed even.. we have seen a significant increase in speeding traffic and numerous accidents on Knott Rd, especially at all the areas where traffic is trying to turn into neighborhoods. One area in particular is the intersection of 15th St —Tekampe Rd and Knott Rd where there is no traffic signal.. cars wait on 15th St or Tekampe Rd for longer periods of time just to pull out onto Knott Rd where the speeds exceed 40 MPH. There are numerous livestock ranches close by.. some fencing would not prevent dogs or people from entering these pastures and disturbing or killing livestock. Also to be considered is the Arnold Irrigation District Canal that runs directly south of the proposed festival area.. should festival goes try to access these irrigation canals for water or recreation, this would be considered trespassing. It could damage the canals and prevent water deliver to hundreds of ranches.. see the photo below and the close proximity to the irrigation canals showing in blue. "0r 'fa BENCH. t•- FT.. Cor) Ni 3 nth _ . DiK ,t :/I Pori. Sit. KNOTT RD it j'"i Lchs.� LC+p�! Nmat I' far t Also to be considered is the Natural Gas line that runs just east of the Stevenson Ranch... see map below and reference this web site htto://pioelines.odigm.com/paradigm/2016/collab/isr/ regarding Emergency responders close to pipeline sites... it references Open areas and has some restrictions. They should also be contacted prior to a permit being issued for a festival.. in the event of an incident at the pipeline. There is this event scheduled in Bend on Feb 12017 — for contractors, excavators, first responders & Public officials See below; http://or.pipeline-awareness.com/meeting schedule#1260816 2 Coordinated Response Exercise & Excavator Safety Program (CORE -EX) Tentative February 1, Bend, OR Riverhouse Convention Center 2017. .;)/\1•1 ayes• Counties: 2850 N.W. Rippling River Crook, Deschutes, Ct. Jefferson, Wasco Bend, OR 97703 ry Took Sponsors Cascade Natural Gas Corporation TransCanada / GTN & NBP Systems htto://pipelines.pdiRm.com/paradigm/2016/collab/isr/ 3 It seems prudent and proactive to move this festival out of the City area and to a remote area where traffic, farm land, livestock and the peaceful enjoyment of our homes will not be impacted. Please consider the safety of all and deny this permit. Sincerely, Carol Armstrong — 60357 Tekampe Rd Ranch. 4 Cynthia Smidt From: Lydia B. Dudley <lydiadudley@gmail.com> Sent: Sunday, December 18, 2016 2:30 PM To: Cynthia Smidt Subject: 4 Peaks Music Festival Dear Mrs Smidt, My Husband and I reside at 60230 Tekampe Rd. and are alarmed at the idea of the proposed 4 Peaks Music Fesitval, June 2017. We strongly urge The Council to deny a permit for this gathering in the interests of the surrounding neighborhood. Traffic and noise levels are prime concerns. Knott Road is already closed in one direction and our intersection, Tekampe at Knott, takes much patience to negotiate already. Noise carries on occasion all the way from the Old Mill District. Stevenson Ranch is practically on our doorstep. Some of us need to sleep at night. Trusting The Council to use good judgement in the interests of us all. Thank you. Sincerely, Lydia & Paul Dudley 60230 Tekampe Rd., Bend 97702 541 385-8611 1 Cynthia Smidt From: Myles A. Conway <mconway@martenlaw.com> Sent: Monday, December 19, 2016 8:15 AM To: Cynthia Smidt Cc: 'ssmythe@pape.com'; 'mpati@pape.com' Subject: 4 Peaks Music Festival- Comment Letter Attachments: 00499358.pdf Cynthia, we are writing to submit the attached comment letter on behalf of Pape' Properties, a landowner in the immediate vicinity of the proposed rnass gathering event. Please submit this letter to the Commissioners and into the hearing record. We apologize for the delay in providing our comments. Thank you. Myles Myles A. Conway I'a;Incr 0- 541 408. 92.91 C- 541 480 0811. E - rricu.nw__ i.y r l rt T.1.?.aw, c:om martenlaw.com 404 SW Columbia St, Suite 212 Bend, OR 97702 MARTEN LAW This e-mail may contain confidential and privileged information and is sent for the sole use of the intended recipient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. IRS CIRCULAR 230 NOTICE: To the extent that this message or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Please consider the environment before printing this e-mail. 1 MARTEN LAW December 19, 2016 Via Email and Hand Delivery Deschutes County Board of Commissioners c/o Cynthia Smidt Deschutes County Community Development Department 117 NW Lafayette Ave Bend, OR 97708-6005 Re: 4 Peaks Music Festival — Outdoor Mass Gathering Permit County File Number 247-16-000694-OMG Dear County Commissioners: Our office represents Pape Properties, Inc., the owners of a large working ranch property that is located immediately to the south of the proposed 4 Peaks Music Festival. We are writing to register our concerns and opposition to the requested Outdoor Mass Gathering permit. While it appears the music festival has been successfully operated at a different location in the Tumalo area for many years, the subject proposal represents a substantial increase in festival size without a corresponding increase in supporting facilities and infrastructure. The proposed mass gathering permit would allow up to 2,999 people on the site at any given time over a four day period. An unspecified number of such persons would be camping in an undeveloped area without sufficient water, sewer or transportation infrastructure. Pape Properties believes the proposed permit is not appropriate in this location for the following reasons: Wildfire Danger Recent studies and analysis conducted by the City of Bend in connection with its Urban Growth Boundary expansion have identified this area of the County as a zone of extreme fire danger. The proposed mass gathering would occur between June 10-19- a time of high fire risk in Central Oregon. Thousands of people in an undeveloped location (many of whom will be camping overnight) create an extreme risk of a fire ignition. In the event of an ignition, prevailing winds and historic temperature patterns create a substantial risk to both event participants and surrounding properties. As the commissioners are aware, wildfires in Central Oregon can rapidly spread and cannot be readily controlled. The human caused "Two -Bulls Fire" ignited on Bend's west side in June of 2014, in a largely unpopulated area of the County. The "Two -Bulls" fire burned uncontrolled for nearly a week and destroyed over 11 -square miles of private land, requiring the evacuation of hundreds of homes. The State of Oregon alone spent over $6 million to contain this fire. The proposed music event creates a substantial risk of fire ignition in a location where sufficient fire related infrastructure is not available. The subject property does not contain the water supply, road network or alternative evacuation routes necessary to protect public safety or surrounding properties. Any fire ignition at the festival could {00499358,DOC.X /1} D - 541 . 408 , 9291 1 - rnconway©martenl:,w.com 1 404 SW Columbia St, Suite 21.2, Bend, 08 x//02 Deschutes County Board of Commissioners December 19, 2016 Page 2 readily spread onto surrounding agricultural lands, destroying nearby farms and homes. The proposed application provides no mention of wildfire risks and contains no plan to address such risks. The staff report specifically notes (at page 4) that the Bend Fire Department Deputy Chief/Fire Marshall has not provided any position, comments or recommendations related to this proposed event. In the absence of such input, county planning staff recommends conditions that were utilized in connection with prior year events. The proposed conditions were provided by the Fire Marshall in the context of a substantially smaller event in an entirely different location with dissimilar vegetation, topography and available infrastructure. The proposed fire conditions are insufficient to support a larger mass gathering in this location. Pape Properties recommends that the County deny or defer any decision on the proposed permit until the applicant has provided a full evaluation of wildfire risks and a detailed plan for addressing all identified risks. The plan should contain measures to mitigate against fire risks (no smoking, no campfires, identification of fire breaks, available water supply, etc) and outlines an evacuation plan in the event of an emergency. The information submitted by the applicant to date fails to provide any of this critically necessary information. Traffic/Parking Infrastructure is Insufficient Roadway infrastructure in this area of the County is not sufficient to handle the substantial traffic and parking needs that will be associated with the proposed multi -day event. The local roadways in the vicinity of the event are not designed to handle the proposed levels of traffic and parking, thereby creating a safety hazard for event participants and area residents. The applicant's traffic control plan is insufficient to address underling safety issues or to properly evaluate the impact of the event on the City/County road system. At a minimum, the applicant should be required to provide a professional evaluation (by a licensed traffic engineer) of all on and off-site traffic impacts associated with the event. Trespass, Public Safety Pape Properties is concerned that event participants will trespass off the event property and impact surrounding properties. The event plan contains no measures to insure participants remain on the site. In addition, the security measures outlined in the plan are not sufficient for a gathering of this size. The applicant should be required to provide uniformed police/sheriff officers to insure public safety at this event. The record indicates that the Deschutes County Sheriffs Office has provided no additional comment in response to the applicant's expanded event size and new venue location. A detailed analysis of this proposal by the County Sheriffs Office is critical to any evaluation of public safety issues. Impact on Wildlife Resources and Area Livestock A large multi -day music event with thousands of people will impact deer and other wildlife that reside in this area. This area of the County is characterized by large agricultural parcels that provide habitat for many different species of mammals and birds. The noise and other human impacts associated with this event will have a detrimental impact on area wildlife. In addition, the event will adversely impact livestock and farm animals that are not accustomed to this level of noise and activity {00499358.DOCX /1} Deschutes tes County Board of Commissioners December 10, 2016 Page 3 during the spring calving season. Music from the event will continue late into the night to the detriment of area wildlife and livestock. Before any permit is issued, the applicant should be required to evaluate potential impacts on area wildlife and farming operations. Thank you for your consideration of our concerns. Sincerely, Myles A. Conway cc: Seth Smythe - Pape Properties (00199358.DOCX /1 Cynthia Smidt From: Bill Holm <wdholm@bendcable.com> Sent: Monday, December 19, 2016 8:17 AM To: Cynthia Smidt Subject: RE: 4 Peaks Music Festival 2017/Deschutes County Planning Commision/Notice of Public Hearing Dec. 19, 2106 60685 Tekampe Rd Bend 97702 Thanks. From: Cynthia Smidt fmailto:Cvnthia.Smidt@adeschutes.oral Sent: Monday, December 19, 2016 8:14 AM To: 'Bill Holm' Subject: RE: 4 Peaks Music Festival 2017/Deschutes County Planning Commision/Notice of Public Hearing Dec. 19, 2106 Hi Bill and Terri, Your comments have been received. Please provide your mailing address for our records. Thank you. Cynthia Smidt, Associate Planner Community Development Department PO Box 6005 1 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Tel: (541) 317-3150 www.deschutes.ora/cd Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Bill Holm fmailto:wdholm@ bendcable.coml Sent: Sunday, December 18, 2016 10:43 AM To: Cynthia Smidt Subject: 4 Peaks Music Festival 2017/Deschutes County Planning Commision/Notice of Public Hearing Dec. 19, 2106 Dear Cynthia: We recently became aware of a Mass Gathering planned for June 2017 on the Stevenson Ranch off Knott Rd. Online, The 4 Peaks Music Festival lasts 4 days and hosts over 3,000+ people. This event is located on the boundary line between city and rural and will undoubtedly impact the many residents that live in this area. The concerns include traffic, noise, garbage and a threat to livestock. Tekampe and Knott Rd. is already inundated with heavy traffic and numerous accidents have occurred at this intersection. Adding additional traffic will only make the intersection more dangerous and difficult to get out onto Knott Rd. 1 Our neighborhood is rural and quiet, the festival does not belong in this area as it will be noisy and loud. Many people will be affected by the noise that may last into all hours of the night. Our llamas live close to the road, some are pregnant. They are easily stressed by crowds and dogs. Garbage and other debris has been thrown into the pastures in the past, it can only be worse with so many people apt to park right out front due to inadequate parking spaces for the event. Other areas in our town will be more conducive to this type of event. We hope you will consider our concerns and not permit this event to take place at the Stevenson Ranch. Thank you! Sincerely, Bill & Terri Holm 2 December 12, 2016 To the Deschutes County Commissioners: This is to advise that I have Spoken with Stacy Totland, Owner of 4 Peaks Presents LLC regarding her request for an ambulance variance for a mass gathering event to be held at 21085 NE Knott Road, Bend OR 97702 on June 15 -18th 2017. I believe, given the staff and equipment she will have available for this event that having an ambulance respond from Bend Fire station number 303 on 61080 Country Club Road, Bend OR 97702, would be a sound decision. I did request that an AED be Present in the first aid tent and she willingly complied, and has had one on site for the last 4 years. If you have any questions or concerns, pleas feel free to contact me. Thanks you for your consideration on these matters. Sincerely, Steve O'Malley Deputy Chief EMS Operations Bend Fire and Rescue 541-388-6387