2017-55-Minutes for Meeting March 05,1991 Recorded 2/23/2017DESCHUTES COUNTY OFFICIAL RECORDS r} 2017.55 NANCY BLANKENSHIP, COUNTY CLERK IiJ COMMISSIONERS' JOURNAL 02/23/2017 11:56:37 AM II II �II,IIIIIIIIIuIII111 Do not remove this page from original document. Deschutes County Clerk Certificate Page TRANSCRIPT OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS AWBREY BUTTE RADIO AND TELEVISION TRANSMISSION SITE MARCH 5, 1991 7 p.m., Room A, JJC MAUDLIN: I will call to order the meeting of the Awbrey Butte Group to discuss the tower and transmission site on Awbrey Butte. I think all of you received a notice, probably why you're here, hopefully. And you also received a copy of this and a small map and just for purposes of this, I want to just get this into the record. (Read attached introduction) Written testimony will be received from a week from tonight which would be the 12th at 5:00 p.m. We put this meeting together to try to find out what we can do to resolve some of the ongoing problems and to find out what the feeling is of those persons either have towers or transmission sites on the hill and/or the neighbors that are surrounding it. With that in mind, is there any comment? Rick would you like to add anything at this time? Either of the Commissioners have any comments to make? ISHAM: No. THROOP: I might mention, we don't have our name plaques in front of us, and I'm not sure everybody in the audience knows us --maybe we ought to introduce ourselves. MAUDLIN: Well actually we tried to keep it that way. SCHLANGEN: I'm Nancy Schlangen. MAUDLIN: Dick Maudlin. THROOP: Tom Throop. ISHAM: Rick Isham. THROOP: Rick's our Legal Counsel, he's our attorney. The three of us are the elected commission members. MAUDLIN: So, I'm going to take this in order of the purpose of the meeting and if you will...anyone who wishes to speak, please ask to be recognized and leave your name and address at the podium. There is a pen and paper up there, and state your name and address for the record. I'm going to ask you to...if you want to talk about interference issues, that's number 6 on the agenda, and that's where it's going to be. To get this thing started, anyone who wishes to speak at this time PAGE 1 regarding any of the other items on the agenda at this time, we'd like to hear from you. ISHAM: One suggestion I had in there was possibly hear from lessees first and then sublessees, then neighbors, and then any other interested persons. The idea being that if the leases had some ideas then the neighbors might have a chance to hear those and in light of the current use of the sight, might have an opinion to give to the Board regarding that. I understand that somebody from the City of Bend Planning Department is also supposed to be here who may wish to make some comments regarding the use of the site also. THROOP: ISHAM: MEIER: Dave, I realize I heard I don't thought you were a police officer, you were a planner now. that Anita Powell was going to be here see her though. I'm here in her place. I didn't tonight, ISHAM: Do any of the present lessees wish to make any comments regarding actual site management or what we may do differently? HERMAN: Thank you for the opportunity. I'm Al Herman. I represent SMR Network, one of your lessees, and I'd like to read into the record a short comment representing our views. It is our desire to benefit the community by providing a multi -use community tower on which many interests can co -locate there on the tower that would be built on Awbrey Butte for multiple users now and in the future. Decreasing the number of towers on the butte will result in a much improved aesthetic profile of the butte, decrease interference within the butte and nearby, and comply with EPA health safety standards for radio frequency emissions. We already have the tentative positive interest of one radio station to remove their tower and be a part of a community tower project. In addition, we obtained positive confirmation from three other business radio interests, Robinson Construction, Oregon Paging, and SMR Network, to remove their towers. At this moment then, we have commitments to remove four towers and combine their activities on one community tower. We feel that there are additional tower owners that would be cooperative to such a concept once the complete story is told. Pressures from both the public and private sectors will continue to focus on the butte to provide their legitimate communications needs. Now is the time for intelligent planning by both the County and the city. As you know, many of the butte's present PAGE 2 users are, in fact, unhappy with their internal interference caused by lack of responsible coordination between users. Our firm is one of several being seriously impacted and our activities due to lack of physical spacing and coordination, the result of which has deteriorated the quality of service to our clients. We ask now that the County and the City address this situation in a professional manner. There's a good deal of work to be done and I suggest that it begin as soon as possible. THROOP: Mr. Chair I'd like to ask a couple of questions. You indicated that current situation isn't workable, and you think the solution is decreasing the number of towers, that's the bottom line? HERMAN: That's one of the solutions. I believe coordination between the users, both from a location standpoint and a frequency coordination standpoint would be exceedingly useful to have the multiple uses work successfully on Awbrey Butte. THROOP: You indicated that one radio station and then three private companies including your company have indicated that they would desire to remove their towers. My understanding is that your tower is not actually owned by you, but its actually owned by the County. HERMAN: It's leased from the County. THROOP: So, you commit to remove our tower? HERMAN: That's correct. THROOP: If we did move to a multi -use community tower, why would you be the ones to build and operate it? HERMAN: We have, for the last three years, been a party of discussions on this subject in Bend for some time. One of the solutions we feel that would best benefit the County, would be a "community tower." We have not seen any interested parties step up and suggest that concept other than ourselves. We floated several ideas, one of which was, would the County produce a community tower to the benefit, which didn't, at the time, seem of great interest. So we took the lead and proposed that we sponsor. We have not suggested that we be the sole owner. We have, in our discussions, suggested this could be a cooperative condominium et al type of facility. Our interest, primarily, was to provide a facility where we would be the catalyst organization if that's deemed proper and practical. We have experience in doing this PAGE 3 type of work. It wasn't entirely proprietary if the idea was to have some one to get the idea, at least a germination of the idea, before the public so that we could try to get some community of thinking. Obviously, all the separate interests going their independent ways, I think has not resulted in a satisfactory long-term solution, as it were, to the plan. That's the reason that we have taken the lead position. THROOP: I know at least three other firms that have expressed interest in doing something similar so, just for the record, I think there are some other interested parties out there that would probably come up with a similar opportunity. HERMAN: That's good. I would encourage that kind of thing to happen. THROOP: Let me ask you one last question. Have you done any projections on what the cost to do business on those towers would be for the entities that you're having discussions with compared to what they're paying for their current circumstances now? HERMAN: They'd pay no more, perhaps less than what their current situations are. THROOP: So you could remove towers, and build a new community tower, and operate that for the same costs? HERMAN: We believe so. MAUDLIN: Anything further? THROOP: Nothing at this time. MAUDLIN: Nancy? SCHLANGEN: Nothing at this time. MAUDLIN: Thank you very much. Anyone else? LARKIN: My name is John Larkin and I'm the vice president and general manager of KTVZ, an attendant on that butte. Can I ask a question first? How did this particular meeting get...what was the motivation for calling it at this time? I didn't get a notice of it. ISHAM: We sent one to you John. LARKIN: So anyway, how did we get to this point tonight? PAGE 4 MAUDLIN: There has been a number of discussions regarding this. With the ongoing costs and things that we've done up there, we felt that it was time to try to find out whether we were going to continue to operate this in the manner that we have and continue to accept the complaints and a few other things and find out whether we were also going to either...trying to find out from the users what we really should be doing on that site. Are we charging enough for it, are we charging too much, is there a way to have a cooperative agreement so that we can get past some of the problems that are occurring up there on a regular basis? We're looking for answers. THROOP: Let me add a comment if I will. We probably, all three of us, have had occasion to talk to people are users, people who are patrons of the users, people who are neighbors, and I think if you were probably to ask the three of use what direction we'd like to go with that tower in the future, you might have three different solutions. I guess at this point, I would be interested in hearing what people who are using the site, or people who are in some fashion affected by the site, what your view is of the state of the operations there, and if you have any suggestions or ideas on how that site ought to be handled/managed in the future. I guess we're arriving at a point to where at some point we're going to have some discussions among Board members with our publics on what the future of that site is, and this is really a listening session. As a user, do you have ideas, impressions, and comments that you'd like to share at this point? LARKIN: I tried to sit with Sam Kirkaldie of KICE here, and we just kind of brainstormed this thing and tried to figure out where you guys were in relation to what your options were, and we came up with three or four. The first one obviously being the status quo which is, you continue to own the butte. The second being, for a not-for-profit corporation among the users, and if the users had the control to fix it, figure out how many towers are needed to do the job, and then bid out each of these. That would be a third option. And the fourth would be to sell it to the highest bidder. We would probably construe that that would be the easy way out. You could take the money and run and return it to the tax roles ...return the property to the tax roles, but we're not sure that's probably the most...other than being the most expedition way, we're not sure that's the most practical nor may it be in the public interest. So we sat down and there were some questions we figured, among us all, needed to be asked and among them would be: how big is the present and future use of the butte? If we say that what we have PAGE 5 today is 100% usage and in our crystal ball we could say how many years down the line, twenty years would we say, how many additional possible uses might there be for that thing? Each of us who have tower space or close to it have been asked by a couple of cellular users for additional tower space and building space. We all said what other kinds of things in the rapidly expanding telecommunications industry are going to be visiting Central Oregon. We're going to be just like the kids in the west, we're going to be able to do all the things that everybody else is. What does that crystal ball say? Are you folks going to make a determination or could we come to an agreement? Al says you could put one major tower, and let's just say for the sake of discussion, it was 600 feet, and you had one tower, and you hang everybody on it, and you'd be done with it. We have in all these discussions in these past few years had a semi - understated moratorium on anything over 300 feet, and I think that... THROOP: Because of the presence of a strobe light over 300 feet or is there other reasons? LARKIN: I forget what the reasoning is, but somebody came up with the thing that they thought 300 feet was the limitation. You have to light up to the PBS towers lit, it's at 299 feet, I think. So if you could say that was going to be the limitation, then you'd say, if you took all the other users and all the ones you could think of in your wildest dreams in the future, how many additional towers would it take to do the job? And if you could say that if the PBS tower was a given, and you'd keep that one, and you'd take all of the other ones down, how many additional towers would it take, and if the answer was one or two or whatever that would be, then you could figure out how to deal with it. How much would a study cost to figure this out? Some of you know that our parent company owns, makes, manufactures television towers. It's the largest in the world, and I called them up and said, I don't know anything about this, tell me what this would cost? And they said, it's not very expensive. We wouldn't be able to help you with the engineering side of it, but we could tell you structurally what kinds of situations you would face. The factors you run into are the weight of everything you hang on the tower and wind load of the contraptions that are also on the tower. That's the thing that impacts how sturdy, how strong a tower has to be. Obviously we don't want to put something up there that's got tinker toys that go down the first time we get a 50 mph wind. Can you folks determine in a perfect world what you'd like this butte to look like? Some of these folks are homeowners, and they may not be thrilled PAGE 6 with what it looks like today. Could we all come to an agreement as to what would be the optimum, what does this thing end up looking like in the year 2000, is it in the public interest for the County to sell the butte? We, the broadcasters in the area, are licensed by the Federal Communications Commission to operate in the public interest. We would like to think we do a pretty good job. Terry here and Sam and Norman Louvau in the back here, we're all in the radio and television business. As recently as last August when we went through the Awbrey Hall thing, I think the broadcasters acted in a very proactive manner. You folks are involved right now in how to figure out among us all how we could, if we get to another Awbrey Hall or when we get to another Awbrey Hall, how are we going to be able to deal with it? How is the communications' industry in this area going to assist in the process of aiding our citizens? What are your obligations in this regard? If you sell it and it goes to the highest bidder or bidders and you wash your hands of it, how does the public benefit from that particular decision? If you create a monopoly here by selling it to the highest bidder, and I'm not sure that I would agree with Al, if you're going to take a tower or two towers, I'm not sure how we're going to be able to do that for the same or lesser cost. Pretty expensive proposition. Assuming we could possibly come up with enough users and could spread the pie around, we'd have to explore that further, but there is a possibility that we might take some people who are currently able to operate and suddenly put them out of business and I don't think, I mean you folks put some money into economic development. Economic development is not putting people out of business. I'm not sure how PBS fits into the discussion. If they were a part of this consortium, what Al is talking about, or would they donate their tower to this overall group? Maybe, maybe not. Do they want to be off by themselves? They've go four or five users that are hanging from their tower. We would need to get together with them and see how they might be integrated into the discussion. So as usual, I got a lot of questions but I don't have many answers, but I think some of those things, if we could sit down and discuss those questions and obviously these folks are going to have additional things that we can throw into the pot and maybe among all this discussion, if we shook it, maybe some kind of an answer would come out that would make sense to all of us. MAUDLIN: You mentioned a 600 foot tower, and then I think that you kind of got away from it a little bit. In your opinion would a...I don't think one 600 foot tower would be a thing that we would be looking favorably on, but I don't PAGE 7 know that. Would we be able to do the things that you talked about, Mr. Herman talked about, if we had three 300 foot towers? LARKIN: I think that's the question we need to probably need to find out first. The FAA has a limitation. I'm not sure whether it's 600 feet or 500 feet, somewhere in there. They're going to dictate the tallest tower you can have is X and there are increasing restrictions now as to what you can do. It's gotta be painted, it's gotta be lit but if you folks...we find that visually distasteful, we're going to eliminate everything and we're going to take the optimum number of towers and get the crystal ball out and maybe it's four, I don't know. Dick, if you said that in the year 2010 we could guess that there will be another additional 20% request for occupancy on these towers, we could come up with some kind of a figure where we'd figure we'd be maxed out. Then based on that, with some room to grow, and we've all seen what's happened in Deschutes County and in this area, it going to continue to grow. There's somebody here in town who's a computerized demographer that said that Bend will be the second largest city in the state of Oregon by the year 2030, which is a pretty scary statistic. Based on something as wild as that, how much space do we need on that mountain? SCHLANGEN: The purpose of the meeting as you look at 1-6, we were asking the same questions that you are, and we're asking you for answers. We're not getting any are we? LARKIN: Well, I don't think that I would presume to give you the answers. I'm just saying, if you have reached the point where you're saying, we've had enough, we want this fixed in some manner or another. My choice --#1 is unacceptable and we have to go to two through however many we all might come up with. And at least that says something and we know we have to get off where we are and move to someplace else. ISHAM: John, each of the leases on the site up there have two paragraphs in them that relate to community tower, and I don't have a lease in front of me, but I'll paraphrase it. Something to the extent that the Board could require participation in the community tower. Let's say that somewhere along the line the Board were to make that decision, how would you envision the lessees receiving that decision, would they work in concert to try to accomplish combining onto a community tower, assuming that the Board's involvement was no more than just making that decision? PAGE 8 LARKIN: I think that whether you select the private sector to take care of it or we get some other entity to take care of it, part of the problem is the control of what happens on it. If we've got some peculiar things that have happened via the commission and if it's Sam sitting here at 100.7 megahertz and Norm Louvau from KQAQ sitting there at 105.7 megahertz, that's exactly five megahertz separation, does that cause some additional signal problems down the line, do they piggy back? We've had the situation where we've had one radio station piggy backing with PBS and suddenly Dave has got rock and roll in his emergency services band. Those kinds of things would have to be dealt with and you'd have to have the control to say, somebody is causing the problem, we collectively have figured out that it's company A's problem and that needs to be fixed. The problem is when you have a problem, we just kind of argue back and forth as to whose fault it is. Did I answer your question or do I dodge it sufficiently. ISHAM: Pretty good dodge to me. What I was wondering is would you tend to look more, I guess, towards trying to put together some kind of...your option 2 or would you tend to think it might go more toward your option 3 if there was a community tower requirement? We've not got a requirement, is it going to be a coop venture or is it going to be something where somebody's going to build it and other people will then lease it. LARKIN: I would like to think choice #2 is feasible, choice 3 also could be workable. I'm a little bothered by the fact that one entity is gonna dictate what everybody else is gonna do. I'm not sure that's in the best interest of the tenants or the citizens of the County. THROOP: I think that was getting to my point. I was looking for probably a little cleaner value statement from you on those four. In particularly curious, you seemed to be a little soft on four and I was wondering... LARKIN: I'm not soft at all --I think it's a dumb idea. THROOP: I'm used to you speaking in your native tongue and I wanted to hear it. MAUDLIN: Anyone else. COWAN: My name is Terry Cowan, General Manager of KNLR. I'm also a lessee of the County's. The first thing that I would like to address is Awbrey Butte itself. It's kind of a unique land formation in town here. From that PAGE 9 standpoint it's a fairly valuable resource in terms of radio transmission and receiving. Some other stations have tried other locations, for example Powell Butte was tried by KXIQ when they first went on the air, and they subsequently have moved to Awbrey Butte, because Awbrey Butte shadows a portion of the town on the west side from Powell Butte so it was difficult to get good reception. Since they were on Awbrey Butte, they have moved out west of town near Broken Top and while they have an adequate signal in town, you'll notice on the east side of Awbrey Butte, particularly down around Bend River Mall, you can tell there's signal breakup in that area. So Awbrey Butte is by far the best location for receiving and transmitting in town. The other problem with the current KXIQ site is in the winter time you gotta have some pretty good equipment to be able to get out there and servicing because of the snow. My feeling is that Awbrey Butte is a rather unique piece of property. It's close into town, its easy for maintenance and has superior transmission capabilities. Currently I believe there's approximately nine broadcasters on Awbrey Butte in addition to a number of communication users. As John mentioned, the FCC does licence us to operate in the public interest, convenience and necessity. Whether we as licensees like it or not the FCC has as public trustees. There's an element that in a sense, the County is enabling and enhancing our ability to serve our constituents by providing this resource, and I think that's really important. We could each do it on our own, if we each buy the plot of ground that we're on right now, we could continue to do that. The concern that I have is if the County gets out of the real estate business on Awbrey Butte, that the prices will be at such an increase that it may make it very difficult economically for some users to survive, even including the communications folks. I think for the County to be involved is crucial, and I would certainly hope the County would see fit to continue their involvement. I'd like to address a couple of things that Mr. Herman mentioned and one is, he indicated that there'd likely be a decrease in interference, and I think we can say with some assurance that there's really no assurance that that will happen, because I think we can look at some of the co -located users now, for example KOAB and some of the co -located stations there, and we'll find that there's even some mixes there while they're not currently harming anybody, they still exist. So co -location doesn't solve all problems. He also mentioned compliance with EPA and that's maybe a scare tactic, I'm not sure, but as you may not know, the FCC does require broadcasters to be in compliance with the EPA with regard to an ionizing radiation. The broadcasters in PAGE 10 Oregon have just gone through a cycle of relicensing and one of the requirements when we go through the licensing process is that we certify that we're in compliance, and the broadcasters in Bend that are using Awbrey Butte hired a consultant to come over and make those measurements, and we are in compliance. The consultant had some recommendations such as doing some fencing or hanging some signs, but at the time the measurements were made, Awbrey Butte is in compliance with EPA regulations that were applicable at that time. As a broadcaster and as a lessee, which there are some problems, and years ago we had an Awbrey Butte committee, and I think back when that committee was functioning that they did address some of the problems and then we kind of got away from that, and I think the Commissioners have fielded a lot of calls and a lot of problems that that committee was sort of an in between, and I think there were some other people in this meeting that were involved or at least were here when the committee was in existence and may wish to speak to that. Those are my comments. MAUDLIN: Any questions? THROOP: I have a question. Terry, from your experience in the leases, there is a resolution procedure, a dispute resolution procedure to resolve interference and other problems that may occur on the site. Has that procedure been used? Is that something that.. COWAN: Sometimes that's effective and sometimes it's not. Sometimes the interference is caused off the site too. So I guess in my time being here, I think it probably has been used but maybe not as effective as it might be. THROOP: Is it that the procedure doesn't work or are people not aware of it? Let's say not for the off-site conflicts but is there inherent flaws in the procedure or is it just that people are going independently and taking different avenues. COWAN: Sometimes I think people get a little bit restless, and things don't happen as quick as they would like to see, and so they short circuit it. I think sometimes it's very difficult to resolve some of these problems. Some of them may be impossible to resolve. Just the nature of the beast. THROOP: I don't have any further questions at this time....Let me ask one other one. I am curious about something. The value of that property could be, who knows, you could tag a million dollar price tag plus on it. Are you private nonprofit? PAGE 11 COWAN: THROOP: COWAN: SCHLANGEN: COWAN: SCHLANGEN: COWAN: MAUDLIN: PAGE 12 No we're private for profit. You're private for profit, okay, what kind of impact would it have on your station and your patrons, or constituents as you referred to them, if you were paying substantially higher fees? Is that something that you could probably absorb through some increases in your rates? How close to the margin are most of the operators up there? I think substantial, you have to define that, I think I have said to you in private, that if money's a problem, I think that most of us could accept some kind of an increase if money is an issue. Because I think that what we're getting now is very fair and perhaps even beyond that. I'm not standing here asking for a rate increase tonight, but at the same time, Central Oregon has more radio stations per capita than probably most towns in Oregon, and I think if the truth were known, that most of the stations are operating in a very tight manner, and if we had to go in and pay $2,500 a month, that would be an economic hardship on probably every station in the community. That would be my assessment. Sam could speak to that too. Hypothetically with one tower or maybe the PBS tower and another tower, you said that won't solve the frequency problems, do you see that though as solving many of the other disputes or problem up there? I guess I'd have to ask you to be more specific as to what problems you're referring to. The fact that there are so many buildings up there, we're hearing now from citizens, I've gotten phone calls that more and more things are up there, it's getting cluttered looking, they're getting, some of the citizens up there are saying its bothering them, maybe it's microwaves, whatever they're using. Would one tower solve any of those problems? No, what you have is simply an overload because of the close proximity to the transmitting facilities. You simply have an overload. The consumer equipment is not being built to withstand that kind of environment. They're mass produced for environments away were there's not that particular problem. I'm going to ask you one more question. I'm going to get back to this resolution of conflict. There is outlined in every lease a program that you go through to resolve a conflict, and you said that sometimes that worked, sometimes it doesn't and people get impatient. This is what we have to resolve a conflict. My assumption would be that I would expect that people would follow this to try to resolve conflict, but you're saying some of them can't be resolved. Is that going to be our answer. So what, we can't resolve it and then what? COWAN: You'd have to give a specific problem and then it maybe would require a specific engineering solution for that problem. I think some of the problems maybe people have been unwilling to spend the necessary funds, and I'm thinking particularly when it comes into some of the communication problems, the overload and that type of thing. I shouldn't even be talking about communications because that's not my particular area. But I think I've heard very little in complaints from the broadcasting community, and I'm not trying to divide broadcasting from the communications folks. One of the reasons you haven't heard much from broadcasters is that basically we're transmitting folks and we're not receiving folks. It's easy to transmit a clean signal, it difficult though to keep that signal from combining in somebodies receiver with another signal and producing some kind of interference or from combining in a tin can or some other nonlinear joint and that produces sometimes other stray signal or types of things that happen. If that was strictly a transmitting location up there, you probably wouldn't be having any kind of complaints --very few I would think. MAUDLIN: Thank you. Anyone else. SCRIVENS: I'm on the map here. My name's Terry Scrivens, I'm a homeowner. PO Box 1720. I'm going to ramble through here cause I got to leave. You guys already went past your 1-6 anyway. The site management up there...I came after all the stuff was here and it does look like an indian burial ground up there. I mean there's little platforms here and stuff and as a building, I think that anybody that has a company that can afford to have a company, should be able to manage some form of something that's attractive whether it's 15, 2 or 900 foot high or whatever. THROOP: Are you referring to any specific. SCRIVENS: Just the platforms and telephone poles, poles and sticks sticking up with little things sticking on the end of them. There's no rhyme or reason for any of that particular miss mass if you look at the horizon up there. PAGE 13 The City of Bend's supposed to be the place to come to and somebody goes up there, they're looking at some haberdashery from 20 years ago. I worked in Gilchrist Timber Company and we used to stick a pole up and get receivership but now we're at a different time, I mean, you know they can take pictures of Iraqies from the satellite. It's not impossible to do something nice, even if you paint the pole, it would look good. The management up there, one man mentioned the Awbrey Hall fire, I own a house up there right on the road to the access and I'm the one that called the police to stop the kids, two of our kids from Bend high school from trying to climb the damned poles to get microwaved at the top of that PBS tower because we're all busy down at the other end. There's no enforcement up there about vandalism or anything. That's a kids hangout. There's nothing wrong with that, kids have to have a place to go, but there's a lot of dangerous stuff up there and it bothers me. The habitat up there, one if your gonna deal about reselling it to somebody, I don't know, I'm a builder so I have to think about this. Wildlife, it's a special place in Bend and only one of the few like the top of Pilot Butte where you can see something, doesn't need to be destroyed. It's been destroyed by the towers and it's gonna be there but I can't believe the towers can't be placed somewhere else, somewhere down the line in the future. I just can't believe because there's a shadow on that mountain that we can't do something about that with all the technology we got. I know there's cost analyses and TV program and things and stations and costs but I just can't believe that can't be solved. We are a growing community and sooner or later that's gonna be gone, and that's something that this Board should consider. That's all I can say. THROOP: Let me ask you a question. Being a builder you obviously understand how this dynamic works between local governments who approve the siting of various residential, commercial, industrial activities. SCRIVENS: I may and I may not. THROOP: And the public that might be affected, whether it's a "not in my back yard" response or whatever. Can you in your own mind conceive of a site that all this might be able to be transported to. SCRIVENS: I'm not familiar with all the buttes and their situations but I'm sure that there should be.. maybe it's impossible, I don't know, but I doubt it. I'm sure there's another butte within the Forest Service jurisdiction or somewhere that could do something. I'm PAGE 14 THROOP: SCRIVENS: MAUDLIN: not saying....it always happens, people grow up to a certain spot and then they kick the guy that was out first. I don't like that idea either, but it's happening. It's like our trestle, I means it's gone, it's going. Things gotta change and you have to adapt to that kind of stuff. It's not Bend anymore like we knew it or like I've known it, and it's changing, and the butte's gonna change and I can see that place as maybe a park. You don't know, these guys come up there, they're up there during the workday, but the traffic with bicyclers and tourists and stuff walk at the top of that thing is unbelievable. They walk right by my door every day and it's a phenomenal thing. What would you think, west of Bend or south of Bend, where a relocation might occur. For these towers and stuff? I would assume it would be west of Bend out there, the light are shining out there now. There's some kind of tower out there. It's probably the one that they're saying....It's got to move. I mean, you know, they move oil derricks out of LA because they're ugly, and they put housing on them, and they change. I mean there's technology that can do that. I'm not trying to make the radio stations go broke or talk about that even, I mean there's got to be some forethought about what's gonna happen later. The top of the butte cannot...I mean I can say there's spotted owl up there and you can't do anything, you know, everybody stops you know, but it cannot be turned into a development. It should be for us, the people, and gradual change from radio communication and that's all I can say. Any questions? Thank you very much. Who else? OBERDORFER: My name's Richard Oberdorfer. I'm with Western Radio Services in Bend. I'd like to address what Terry was saying. I don't think for a lot of things there's not a lot of replacements for Awbrey Butte. Forest Service won't let you do much of anything on any of these hills around and like Terry said, wherever you'd be in town, you'd still have a shadow for a lot of users. A lot of the cleaning up and consolidating of sites was addressed by the Awbrey Butte committee and the County maybe four or five years ago. And the County paid Century West Engineering, one of the Engineering Companies to come up with a master plan, and it was approved by the Awbrey Butte committee and right now it's in the hands of the City Planning Commission. They're going to maybe massage it a little more and come up PAGE 15 with an ordinance that's gonna govern how that site's gonna be developed and cleaned up. As far as coordination of uses up there, the County's still taking that function but somebody else wants to put another facility up there or add frequencies, there's the County Counsel's office.... and whatever happens we'd like to see that continue. But as far as the interference, the damage has already been done. The only solutions to the interference problems are to remove some of the broadcast stations from the site, and I'm not advocating that. There's people that want those services just like people that want public communications services like our company provides. In any event, because of the interference problems and the lack of conflict resolution, we've already spent the money to come up with alternatives to make our systems work. Since we've already spent this money and solved our problem, we don't see any need to spend a lot more money to completely redo the site, and I think you can spend a lot of money up there and you're still gonna have the interference problems. The decisions to solve the problems are too hard to make, and I'm not really saying that they should be made. The value of the property, if you sell it to somebody, is what you can do with it. If you can't build houses on it, about all you could get out of it is what the traffic is gonna bear from the people that need to be up there. I think it could probably bear quit a lot, but it would be a burden, like Terry Cowan says, I think there's a lot of these type of broadcast and nonbroadcast services that are in competition and not everybody is really that rich in this community that could take a hit, and the public benefits by having this diverse, different kinds of radio and TV programming and communication's services. MAUDLIN: Questions? SCHLANGEN: Mr. Oberdorfer, you say that you would like the County to continue the role they're playing now, that's what I understood you to say. OBERDORFER: I find it acceptable. ISHAM: Would you say that again? (laughter) SCHLANGEN: I admit to being absolutely unaware of the Century West Plan for the site. Does the County have copies of this Rick, do we know about this? PAGE 16 ISHAM: Yes, I could give you a little history on that. Basically, the plan was never completed for a number of reasons. The biggest reason it didn't get completed from my perspective was that .. about the time that we needed to go to a stage where we could actually work to adopt it, there were a number of interference problems and at that time, one of the solutions to some of the problems was grounding in buildings that was not existing up there at the time. We had a meeting in the conference room in this building and the decision was that, you know, to try to deal with these issues outside of the overall plan. And it was relatively minor thing, I think in some cases the users were looking at $300 in costs to retrofit their building, and I'm going to say in at least a couple of cases, don't pin me down on my memory, that there was just no cooperation and that was kind of a pivotal meeting and at that point, when we couldn't get closure on a simple issue, and I know it wasn't Dick's building it was other people's buildings, at that point, for some reason, the plan didn't proceed, because when we didn't get closure on a minor, non -issue, it seemed like we held additional meetings, but we just didn't complete the process. So basically it was an outline plan. There were some other things that I'll say from my perspective that the plan probably didn't go far enough. One thing that appeared to be occurring is that the plan didn't have the elimination of sites and wasn't going to end up providing the separation of broadcast and communication. In my opinion there was somewhat of a conflict in the committee, in that it was clear that because of the approval of broadcast which was creating a problem and the absence of separation, the plan wasn't going to probably accomplish what it was going to need to accomplish. So it never went beyond that point. Now other people who went through those meetings may have a different opinion and maybe if they could comment on my impression that might be helpful too. MAUDLIN: I have one question. You said that the conflict resolution in this thing is totally ineffective, and the only way to solve the conflicts up there is just to remove some of the people. OBERDORFER: Yes. MAUDLIN: There isn't any answer to ...two people have mentioned putting up towers and things on at different heights and removing some of the other program? That isn't a solution either. OBERDORFER: I don't think it would be effective. Some of the interference problems were so strong that they PAGE 17 affected, they caused interference in town here not just up on Awbrey Butte. I spent some time with the engineer from public broadcasting troubleshooting that the FCC did too, and we came to the conclusion it's coming from every place up there. So I mean you just...theoretically maybe if you put one big tower up there and figured some way to put on it within the 600 foot limit that you have from the FAA, that you could achieve some results, but I think the amount of money you're gonna spend up there and the risk of it not making any difference at all, it's just not worth it, and I don't think that at the present time, the use, the lessees, and the users of the site up there can absorb that kind of financial hit in the present market place. THROOP: Let me make sure I understood what you said. You indicated that you felt that if we go to community towers like was suggested earlier this evening, that you think the benefits may be at best marginal? OBERDORFER: Yes, I don't think that would be helpful. THROOP: If the current conflict resolution process doesn't work, what would you suggest might work in its place? Nothing other than removing users? OBERDORFER: I think you have an inherent incompatibility between high-powered broadcast and lower -powered receiving users. Most of the people that were affected by the interference, such as the City of Bend and our operation, and the County too, they couldn't wait five years for something to happen, and there are alternative ways to do some of these things, they just cost money and sometimes that's the cheapest way to do it. THROOP: One more question Mr. Chair. You indicated that the status quo was an acceptable alternative. Do you have a better alternative? OBERDORFER: I can see that the County, I mean, I say the management, from what the County's managing of the site really hasn't been all that beneficial to the users and certainly I think it's probably a burden financially to the County. There's no real reason that the County should be involved. If the County wants to get out of the site, I'd like to see them and in compliance with idea of the master plan, sell those leases to the individual lessees. PAGE 18 THROOP: Let me explore that just for a second Mr. Chair. We had a couple of options, say the County retained the site so presumably the service could be provided to the citizens of the area at the least cost, but a professional management company came in and handled the management of the site. It that a preferable alternative over what we have or do you think the best solution would be to, in some fashion, try to dispose, subdivide the site and dispose of it to all the individual users, and then how in the hell would you ever resolve a conflict if you basically subdivided the site and disposed of it all to a variety of users? OBERDORFER: Between users there's some cooperation. You gotta understand, somebody who spends $300,000 to put up a broadcast station isn't going to move it once they get up there and they're not gonna turn it off for any reason, but generally there's been some cooperation between the two-way users. A lot of those kind of problems can be solved with antenna relocation or filters that are fairly inexpensive and since that kind of interference is mutual, there's an incentive for those parties in the communications end of this business to resolve those problems because you know you may need the other guy to help you out sometime. I really don't think that..the only thing that a professional manager could do to the site is resolve the interference problems, and I don't think those are resolvable. As far as making the thing visually better, consolidating some of those site, I think that's something that can be done either by the County or the City Planning staff with the input from the users that are up there. THROOP: If you figure out how to make thirteen different interests be able to cooperate, be able to resolve all the differences that come up without having, let's say, a single party responsible, that kind of model might transfer over to a lot of other business. OBERDORFER: I think we did come to a fairly acceptable master plan up there that addressed a lot of those issues of visual and consolidating the sites and those things, and I'd like to see it go forward. MAUDLIN: Anyone else. LIVERSIDGE: My name's Justin at 5404 SE or NE SW where do we live? My response is that Portland seems to be in a similar situation. They have a west hills. There are a lot of upper end homes in the west hills area PAGE 19 and on top of the west hills there are a number of what could be considered unsightly towers, especially the new KGON tower, and I think it's again somewhat similar to what we have. There's a lot a traffic going through the west hills going up to the towers, and they've turned the surrounding area, the property at the base of the towers into really attractive park. I think that we should look at the possibility, as the gentleman suggested earlier, to continue with the site as it is because I don't think there is a will on the part of the current users and the County possibly to move the towers. So we could continue with the site as it, possibly raise the fees in order to generate more income and then turn it into a park. I'm not suggesting shaving all of the trees off and planting grass but possibly there could be some grassy area. And you would have more traffic. It would stimulate more traffic through the area, but that would possibly be the cost of living up in the Awbrey Butte area. I think selling it to private development would be a big, big mistake, because I think, in light of the location, I think it would be in the public interest to try and develop it as much as possible in terms of public use. And visually, it is ugly up there and I don't understand why it is ugly. I can see out -of -sight out -of -mind, and it would be easy for the County whoever maintains it to let it go visually, aesthetically, because again you're not up there looking at it. THROOP: Guilty. MAUDLIN: I can see it out of my window from right where I sit all day long. LIVERSIDGE: And as far as interference issues are concerned, again I think that's the price that the people who are living up there are going to have to pay unless the towers are removed. Maybe the developer should have warned the people before they built their houses that you are possibly going to have interference problems. These problems are typical of people in Portland who own homes in that area and again that's the price you have to pay if you're gonna have a house with a wonderful view, you're going to have to make some sacrifices. I think to a certain extent maybe they're pretty small sacrifices in light of the half million dollar homes and the view they're getting. So Awbrey Butte for the most part is gone in light of the development there, there's a very, very small percentage of the PAGE 20 people who can afford to live there, an elite group and then if you cut off, you could in effect cut them off completely from all Bend by isolating it or turning the top of the Butte into further development. So I suggest that we clean it up and open up that area and make it more accessible to the public such as Portland's done. Thanks very much. ISHAM: Justin, there was a master plan developed for Awbrey Butte that showed hiking trails going over the top and over the back side. Have you ever seen that? LIVERSIDGE: If you really want to bring it up, I run up there and bike up there, and Brad and I go up there quite often and I'll be darned, they have the running trails and biking trails right at the very base of the butte, but I'll be darned if I can see anything else. They just sort of end. I hope like heck, and I'm sure they will fulfill their obligation and continue the trails all the way through. They mysteriously disappeared. MAUDLIN: Thank you very much. Anyone else? With all the talk about interference problems, who wants to talk about interference? THROOP: I think there's possibly some confusion. Are we just done with lessees, how about neighbors, anyone who wants to speak? MAUDLIN: We haven't restricted it to anybody yet, we've had a little bit of everything so we'll just continue that. KIRKALDIE: Sam Kirkaldie with KICE. I may be a little bit redundant on some of the things that I'll say this evening too, but you're looking for answers and everybody knows the problems and the questions, so I'll just throw one out. There was another study done after the one that was eluded to called Hatfield/Dawson Report. Many of the things in that report were pretty much the same as the earlier report with regard to cleaning the site up. I don't think I advocated it being a park -like place because too many of those towers and or poles and fixtures up there could be termed an attractive nuisance for kids, and I think it's too dangerous a place to be really accessible to the public on a regular basis. To clean up the site means not only to police up the area but also to remove any pieces of metal. It was identified in the report that pieces of metal can cause interference up there. Power lines could be buried in the ground rather than being above ground. PAGE 21 MAUDLIN: KIRKALDIE: A number of different things were recommended in the study for cleaning the site up. Also to reduce any kind of interference which does continue up there, shielding, filtering, those things do help, and I think if everyone did it, the site could be cleaned up and probably would not be as much of a problem in terms of complaints that the County is receiving now. Beyond that I think a current user group could be formed. It think an engineer could be retained. I don't think we'd have to have a management company per se. I think a competent engineer could be retained to make recommendations, to identify problems and maybe be part of a user committee to arbitrate any kind of disputes that come up. There would have to be an enforcement mechanism for that group and maybe that would be no more than either comply or move if the committee and the engineer decides that you're at fault and you're not fixing the problem. If we're going to look to the future and anticipate a lot more use of Awbrey Butte, which probably is going to happen, maybe beyond cleaning it up, and I would advocate fencing it as well, with that cleanup, that was part of the study that was done too, and it was suggested that the site be fenced. Sam, I'm assuming when you say fencing, I guess I normally think of metal, is that something else that's going to create.. They recommended the vinyl coating on which they said would not add to the there. It's very expensive however. THROOP: What is that, vinyl coated wood? KIRKALDIE: PAGE 22 the fencing problem up No it's vinyl coated metal, but it's the metal rubbing together from movement that, as I understand it, that causes a lot of the interference. It's metal against metal moving that causes interference not so much just metal being there. If we do have a lot of future use up there, perhaps an answer would be to allow one more tower and let them be the people who accommodate, whether it's Al or some other company like Al's, to accommodate future users. I know he has equipment that he could put on a tower now and there are people shopping for tower space --the cellular folks as was mentioned earlier. Perhaps a piece of property could be sold to Al or some company like him, to accommodate those future users and leave the current site as it is. I wanted to comment also on Awbrey Butte being the ideal site. There has been many other sites tried, including Powell Butte, there are installations on Grizzly, none is as satisfactory as Awbrey as far as commercial radio is concerned because none provides equal coverage and with the same kind of access that Awbrey Butte has. A lot of cost would be involved to develop another site. If it does become a monopoly, I don't know if this was mentioned, but if it does become a monopoly, the City and County would suddenly be at the mercy of that individual as well, since they also have facilities on Awbrey Butte and the taxpayer might suffer a little there. If it is to be sold, I also advocate that some sort of reasonable price, based on current usage, be established, and each user be given the first opportunity to purchase their individual site. THROOP: I have a question. Would it be better to allow each user to purchase their individual sites if it was to be sold or would it be better to ask the users in some fashion to form a consortium and manage it as... KIRKALDIE: Probably that would be the best because then you do still have the option of control where as if individual users buy their individual sites. You're right, it would be very difficult to control it. If they were allowed to form a group to either buy and/or manage the site or both, at least then you've got a hammer. THROOP: Let me ask Sam a question. We heard earlier from a witness that bringing in a professional management company for example if we were to keep it in County hands and bring in a professional management company to actually manage the site, whether that be for cleanup, aesthetic, resolving interference problems or other kinds of problems or just managing the thirteen different entities that are up there and many of those entities have up to..some of them up to I guess 10 different uses and an individual tower, is that better than the status quo, would you see that as .. if the County wasn't going to sell the site, would you see professional management.. would that be advantageous, would that be better than the status quo? KIRKALDIE: I don't know if you'd need to bring in a "management company" to establish, or maybe you would to establish it, but beyond that I think retaining an engineer, a single person to sort of police the area, identify problems, make recommendations, would be adequate. Perhaps at the outset, if you wanted PAGE 23 to get a company to come in and over a two or three month time period, do the clean up and if you did opt to do the fencing, do the fencing, and get the site operating as interference free as possible from the word go, and then beyond that, I don't think you would need to retain a management company. ISHAM: Everybody that's on the site now has a current lease. I remember some other things in addition to grounding issues, there was issues of bonded towers. My understanding of a bonded tower was one that instead of being bolted, you don't actually weld the tower which can be relatively expensive. There are also cabling issues in terms of what standards of cabling are required for the equipment. If you choose a higher grade of cabling it can be very expensive to run those. How would the County or, maybe better, how would the consortium or user group enforce the kind of standards that have been discussed given the fact that they would be standards greater than the current leases. Would everybody just have to agree to that in order for it to work? KIRKALDIE: I don't know if the County has individual power to establish rules and enforcement. The County could perhaps do that and give the user group that kind of authority to enforce as I said either...and in an extreme case comply or leave. I'm not sure what enforcement could be...what other hammer would be adequate, I don't know, but it would take some sort of an enforcement mechanism, there's no doubt about that. When I talked about the cleanup of the site, I think the clean up could be done in stages in terms of how much benefit are you getting by cleaning up all the junk and burying the power lines etc. etc. and if it did come to bonding towers, we may have to go that far, but I think it would be a step-by-step thing, and if things improved as some of these small cleanup items were done, we may not have to go to the expense of bonding those towers. I would hope not because it is very expensive. THROOP: Let me ask a question, Dick. If you are asked if you are interested in increasing the fees you pay to use the site sufficient to pay for an engineer to bring some professional management, as you've described the site, is that something you would be willing to participate in? KIRKALDIE: PAGE 24 I would certainly advocate that as an alternative. I don't know how much the County realizes from the site or if it has a budget for the site. I would hope that the users in conjunction with whatever the County may have to put into it could be utilized THROOP: that way. I'd venture to guess we don't even get enough to pay for the staff time out of the legal counsel office...what is it $4,000 a year/$5,000 a year. ISHAM: It's probably more than that. THROOP: $6,000? KIRKALDIE: Then speaking for myself, we'd certainly be in favor of participating monetarily to get somebody as a retained engineer. ISHAM: MAUDLIN: LOUVAU: THROOP: LOUVAU: ISHAM: PAGE 25 We had to pay two year's income to Brooks Resources for paving the road up there. Thank you Sam. Norm Louvau, KQAK. I go along with Sam almost 100% and with Mr. Larkin, and I think all participants on the mountain should get into a new survey. The Dawson survey is a little antiquated at this point. It's a good survey but if we were to get into that, I think we all should cooperate in putting money into a new survey with another engineering firm just to get a second opinion. I say that because I've been involved in three community tower situations: one in South Carolina, the San Francisco master tower, and one in Walling West Virginia. The opinions we got from several consulting firms varied so greatly that it was unbelievable, and I would like to see, and I would participate and put money into a new survey that may satisfy all of us, but I think we should put the money up along with you to get a new opinion on really what's happening up there. Thank you. What kind of, using your term, survey... Just a general engineering report on what's going up there with the various carriers, television, radio. There are some excellent firms. We used Hammet and Edison out of San Francisco on the San Francisco Tower. There are a couple of eastern firm, but I don't think we'd want to get into them and bring them all the way out here, but I would recommend a different survey, just to get a second opinion. The initial engineering survey that was done up there before the Hatfield and Dawson was done by McClanifan out of Portland, is there any validity to the McClanifan study that was done up there? LOUVAU: THROOP: ISHAM: THROOP: ISHAM: THROOP: LOUVAU: THROOP: LOUVAU: THROOP: LOUVAU: THROOP: LOUVAU: MAUDLIN: LOUVAU: MAUDLIN: LOUVAU: THROOP: LOUVAU: PAGE 26 I really don't know. I've read the Dawson report and it's a good report, but I'm a nut for second opinions. Are you saying that we have a first and second already? There was early study done by an engineer called Bob McClanifan. How early? '84 maybe. '84 and then when was the other one completed? I think '86. Would that constitute as a first and a second or would you like a third? I'd like a third, I'd like to know what's going on now. Let me ask this, how often do you think that kind of analysis needs to be done? Well at this point, I just think for your satisfaction and for the satisfaction of the broadcasters and carriers here, a fresh survey from a different organization would be appropriate. Because of where we stand with the issues today or is that something that needs to occur every two years, or five years? Really it's something that I think you need, right at the moment. You mentioned that you had been involved with community towers previously. Were those workable? Very much so. They worked good, bad, indifferent? Well, the San Francisco tower common to everybody, but it's the ugliest thing that ever happened. If you've seen it sticking up in the clouds there, but it did accommodate. How tall is it? Oh my God that thing must be 2,000 feet tall and that's unnecessary here really. MAUDLIN: LOUVAU: MAUDLIN: LOUVAU: MAUDLIN: LAMER: PAGE 27 Do you think in your opinion that a series of towers up there, three 299 foot towers would be a feasible situation? I would leave that up to an expert. That's what we were hoping for tonight, I guess. Well I think it's something we have to put our money into. Thank you very much. My name is Rodger Lamer I'm Communications Manager at St. Charles Medical Center and my address is 61950 Dobin Road here in Bend. I'd like to address a couple of the numbers on the agenda. One of the things is we don't operate anything of any large consequence off of Awbrey Butte, but we do have our paging system off of Awbrey Butte. We have been experiencing, for the past couple of years, a degradation in that service. Part of that was due to the fact that we needed to upgrade some of our equipment. That's our problem. Some of that is because the hospital is growing and being constructed on in such a way that it was not designed to receive the signals through part of the building as it is now having to do. That again is our problem. But part of the problem is interference off of that site. One of the problems that's bothered us, and I've only been communications manager for going on four years now, is the fact that nobody can pinpoint that interference. It's kind of like that's the way the world is and you just live with it. We are currently getting ready to move our site for that very reason, because we have people who use our services, physicians, nurses, the helicopter crews, and they are scattering throughout Deschutes County because we're growing and that's another part of the problem. Our service area is getting larger. The signals off of Awbrey Butte are getting weaker for us, and we cannot serve the public presently the way it is so we're having to change. Now after saying all of that, what I want to talk about is #2 on the purpose of this meeting. Lease the property to a person or entity to manage the site on behalf of the County. I don't see any reason why the County can't manage that site. The County has enough people with experience and expertise and has enough people that they can draw on that I don't see any reason at all that the County cannot do the job. I see no reason to have to farm it out. You will find millions of experts but probably in most cases they will disagree with each other, so I don't see any reason why the County can't do just as good a job as anybody else if they put their minds to it. On #3 enter into the master lease for the property for one or more community towers and remove all other facilities, again some other gentleman here said the same thing, I have a little problem with having one tower or two towers with somebody owning those and then being dictated to because it is very easy to say up front that yes we can do it for a certain price, but two years down the road all of a sudden all the figures change, and we can't do that any longer, and I'm sorry if you want to play the game and play on our site, you will pay our price. #4 selling the property for private development --no, absolutely not. Again, I think that needs to stay within the County, it's as simple as that. And #5, visual health and safety issues. I was shocked when I went up to that site when I first became communications manager. When I was a child and we used to make little forts out in the field and dig holes and play war games --that's what that site up there looks like. It looks like a bunch of kids have gone up and some of the areas, not all of them, some are very nicely kept up, but some of those areas look like a group of kids had gone up and made themselves little buildings and stuck poles in the grounds and dug holes and strung wire. I don't understand why that can't be changed. One of the problems and I'll tell you this, before I came to Central Oregon in 1983, I was a police office in LA County. The County can make rules and the County can enforce those rules. It may be unpopular, it may create some waves, but I've heard it said here by several of the people that if you have a user who is interfering, I don't see any reason why the County can not set forth the rules of operation to say fix your site or move. I mean are we worried about alienating some people? You're alienating a lot users by telling them that this user's bigger or this user pays more money or whatever so therefore we won't mess with them and you just have to live with it. I don't see any reason why the County can not take the bull by the horns and take care of the problem. The other thing is, I had no idea that we've had two studies now, and they're how old? Five years. I know the government works slow but are these meetings going to be talked about five years from now saying well we had a meeting and nothing was done again, I mean something's gotta be done. I don't have a lot of answers. I can tell you what the problems are. Some of the problems are our own. I have to admit that everybody in here who is a lessee or sublessee, I'm sure that some of the problems are their own. They need to put a little bit more money in their equipment. They need to put a filter in, they need to put a wire cage around their site, they may need to do a lot of things, and that's their problem and they PAGE 28 need to fix that. Just like we need to fix our problem, but the idea that that's just doing business up there and you're just not going to get away from all the interference, I have a little difficulty with and maybe that's the real world and maybe that's my problem, but I have trouble with that. And that's all I have to say. MAUDLIN: You mentioned that you or St. Charles was going to move from that location. Have you found one that will serve you as well? LAMER: Actually we had to go to two sites, and part of that is because of the hospital construction. We are moving the site that's currently up on Awbrey to the top of our building because we have to be able to saturate our building because of the new construction. We're putting a lot of concrete in that building with very few windows on one end and the line of site and the penetration is bad, we're also running some leaky coax. The other transmitter is going to go up on Bear Wallo and we're going to simulcast between the two. The reason for that is so that we can start reaching into LaPine and some other areas where we have teams of medical people that have to travel. The problem is not so much from range off from there except for our building. It's not so much interference off that site, it's the fact that we can't go with a more powerful transmitter off that site, and we need to start getting range and that's because the area's growing. I mean by the year 2000, I don't know where our boundaries are gonna be, but as a medical community, we serve all the way from Burns, all the way up to Madras, and all the way down to Chemult, but we can't cover that area, but we do cover into a great deal of LaPine, and we've definitely had that as a dead space for years because we can't communicate with our teams and we're starting to try and rectify that. We will probably in three years have to go to another simulcast site just to continue growth and that's not necessarily a problem with Awbrey Butte, that's just the nature of the beast. But the signal coming off of Awbrey Butte has been degraded, the strength of that signature, because we do get interference. I can go and pull my paging records and we can go for maybe three hours in a night where we only pull 33% of the pages we put out actually hit a pager. That's in the Bend city limits but yet we can go six hours later and 100% of them hit. That's the site getting out now some of that is our problem but some of it is random interference. MAUDLIN: Thank you. PAGE 29 STOLES: THROOP: STOLES: MAUDLIN: CHALFANT: PAGE 30 I'm John Stoles, I'm the General Manager of the Twins. We are a sublessee from OPB. Probably one of the newer people up on Awbrey Butte. Norm I think is actually the newest but he had a frequency that was there once before. We spent considerable money using Bob McClanahan through the rigid leasing parameters from OPB to get our site up there. My question to the Commissioners as I'm sitting and listening, apparently there is a great deal of interference. I counted up 96 different frequencies in what is listed. With the Twins we're using five of those. I kind of go along with what Norm said and I think that you need to do another survey and maybe freeze everything up there for awhile so that you don't complicate the situation that's already there. But what if we had done that a year ago? We'd have been up a creek without a paddle, exactly. If you've got 96 up there and you're talking about putting more things up there, cellular, so on and so forth, you should get your house in order now before you complicate the situation. That's basically all I had to say. Thank you. Brad Chalfant, your property manager. I'm not here in my professional capacity, I'm here as a property owner up on the butte. We've obviously got real problems up on the butte with the signal quality up there and that's something that we need to rectify. It sounds like..the consensus that I'm hearing from the gentlemen here, seems to be that we need to do another survey. There's another issue and that's the one I want to address: the long- term use of that 20 acres up on top of the butte. This area really doesn't have parks, open areas that have that kind of panoramas, the views. Awbrey Butte is a very special place and the gentleman earlier spoke of a lot of people coming up for view, for recreation, that's true, that's happening now. I think it would be a big mistake and that's why I'm here speaking to you tonight. It would be a big mistake to sell that property at this point. Down the road 10 years, 20 years, the technology may have advanced to the point where we don't need these massive towers. We may be able to consolidate everything into one tower that's within the FAA regulations, but I think it's premature to sell that property at this point. Undoubtedly, we could realize significant income from selling that property. We certainly didn't pay much to gain that property in 1952, but I think that's taking a very short-term view of the property. I think it's something we need to look at in a longer perspective and give some thought to what we may want to do with that property down the road. Once it's sold, whether houses are put up there, or once it's out of public hands, we've lost control of it, and we won't have a whole lot of say as to what goes on up there, and we've missed a real opportunity. That's about all I have to say. MAUDLIN: Next. BYERS: I'm Mike Byers of the city of Bend Planning Department, standing in for Anita Powell, who's at another hearing. I think someone mentioned that the City has been looking at an ordinance to regulate the Awbrey Butte towers and that is true. We started doing some work on that about eight or nine months ago, and there is a lot of complicated questions that were beyond the expertise we had and a lot of unanswered questions about interference and health hazards and all kinds of other things that we just put it on the back burner and it's been there ever since. I will point out that we were interested in all of the tower owners up there on the butte. In addition to the County, US West has some property where they have some towers, and I think Coats has some towers on their property too. Our perspective is a little bigger than yours although the County has the majority of the towers on the County property, we are interested at looking at a comprehensive look at all of the owners up there that have towers. I like the idea of an engineering survey, and I think it would be good to include not only the County's property but US West property and Coats' property, and any of the other properties in that too because there may be interference going across the County property line there. We have had requests or interests over the last five months from several cellular phone It's not exactly a tower, they want to hang a dish between two towers and have some type of guy wires tied off to support, I think, one of the towers one of the poles. So we continue to get applications in. We don't know what all the impact a gonna be of those, but there I'm sure there will be continuing demand for the use of the high points around the community for towers, whether it's Awbrey Butte or someplace else, and I think it is a problem that's gonna get worse and more complicated over time. Anything we can do now collectively to try and set some limits and set some standards for the future, I think will be very useful for the community. THROOP: If I was aware that you were going through an ordinance process, I've forgotten. As we sit here at this moment, I am not aware or was not aware. What stimulated, motivated the city in putting together an ordinance, I guess number one. Number two, are you really aware of PAGE 31 what it takes to bite off this big of a bullet if you will? You've got a lot of users out there and are you dealing with all the parties, and what is it you are hoping to accomplish, and what do you see as realistically accomplishable in terms of a city ordinance? BYERS: I think, to go back to the first part of your question, I think probably when we started talking about it, we didn't realize the magnitude of it. The concerns were about visual concerns and some interference concerns as we've had some complaints and questions about interference and the proliferation of the number of towers, and we were looking at the idea of common towers, but mainly from the standpoint of reducing the number of things up there on the tower on the butte, and height was a concern although we didn't have any real sense about how much was too much, and I think Anita had talked some to Rick about what you had in your leases and so on. We sent some early drafts around to attorneys for some of the users. I'm not sure who was involved. We never got to the hearing stage. It never got very far past initial draft stage, because there became just too many issues that we didn't have a good sense of what a good answer was for you. THROOP: So you actually have a draft ordinance? BYERS: It's in about five or six fat folders because every time there was new information or a new twist, we called Portland, we did some checks with other jurisdictions to see how they were handling towers, trying to get some background information. So we do have some information, we do have a draft ordinance. It tried to look at combining towers, some management aspects. THROOP: Let me ask this question. On the combined towers, could the city of Bend by ordinance go back and require this site to consolidate the uses into combined towers? Could that requirement be made upon the County and made upon the 96 frequencies or users or whatever up there --kink of a retroactive policy if you will. BYERS: That was our approach. Now I don't....I can...since that was prepared, I don't know what legal counsel checks we had. The way it was written was that when new users wanted to come onto the site that they tie into an existing site, an existing tower, and looking at the cost for a master plan to ultimately reduce the number of towers and replace them with fewer towers and not allow new users to construct a new tower just for their own use. So we took the approach that we could do that as PAGE 32 a regulatory condition under the zoning for future users....current users into a combined tower situation. THROOP: The phase in of current users, would that be based on their cooperation or is that something that, for lack of a better description, the police powers of the city could accomplish? BYERS: I think we were hoping that when the leases came due, that it could be tied in the County's lease agreements and lease requirements. I think it could conceivably work that way with both the city and the County having a role to play in getting the ultimate result. THROOP: Let me ask another question Mr. Chair. You indicated that you felt it was advisable that if an engineering survey was to go forward, that the Coats site and the US West sites be included. Is that, I don't know, you may not be the proper one for the question, maybe somebody else in the audience would need to answer that, do we have a level of cooperation from all three site owners to where if we did go for an engineering survey, it's a slam dunk, everybody would participate and pay for it cooperatively or is that something that the city can in some fashion require? How do we ensure cooperation by those other two site owners? BYERS: Mr. Throop, I don't know what the relationship is between the people up there. I thought that since there are other towers that it might good to try and survey all of the users up there. ISHAM: Clell Gibson indicated to me that they may have other ideas about their site in the future, and that they would be willing to cooperate with the County. I didn't talk to Bob Coats about it. THROOP: Let me ask this one. There seems to be some, I guess, concern or some perspective that maybe that Coats' track might be the most unsightly of the lot. Is there any code enforcement provisions that the city has to bring compliance for aesthetics or anything else up there, on the Coats' track or on our track, if our track is not up to snuff either? BYERS: I think realistically the answer is no. We don't have any standards in the ordinance now regarding what a tower site should look like and that was part of the thinking about an overlay zone or something, that there'd be some standards in there about the condition of the site, maybe safety more if there's other things that may be of concern if there's gonna be public, more exposure to the PAGE 33 ISHAM: BYERS: MAUDLIN: BUCHANAN: PAGE 34 site. But we don't have a separate tower ordinance now. We don't have any separate CUP provisions for towers. What's a CUP. Excuse me, conditional use permit. Thank you very much. I'll try and be brief. My name is Paul Buchanan and I work for Brooks Resources Corporation, 416 NE Greenwood Avenue. The main reason I'm here tonight is because the cable's out in my television. I don't claim to be an expert on anything, but I do have a few comments. It's my understanding, and I qualified this that I'm not an expert, an alternate site is not workable or doable today, it may be in the future, so I think the criteria we need to work with is, we have to develop the needs on Awbrey Butte. Our concern, our Brooks Resources concern, has been and always will be, and you wore our Jim Zarts so now I've taken over for Jim, so I'm still portraying the same concerns. Visual impact mostly and health concerns have always been a question to us. We know about the visual, that's not a question, and we've always been assured there are not health concerns coming from any of the activities on the County's land, and we have not disclosed to any owners that they should be concerned about that. It was mentioned earlier today, and I told you I'd be brief so I'm going to...I think if you take a look at the draft Deschutes County Awbrey Butte Transmission and Receiving Site Master Plan, there's been a lot of work done for you. It's probably 90% here. I think if you could work with, and you've got to work with these people on that other 10%, and I think you can do that. You can't do it today. It's better today than it was when we first were doing that, because the economy was horrible and some of these people, as I understood it, and we don't want anybody to go out of business and not give us the communications that we want, but things are better now. I think you could come up with a master plan over a time period that any one of them should be able to live up to and pay their fair share to clean up that site and have these studies done. My understanding was the biggest problem before and probably still is, they have a legal lease. They can do whatever they want to do up there with their legal lease. You can make ordinances and laws and whatever you want to, but I think that's gonna have priority. When those leases terminate, then you have a clout. When they start terminating, you should at least have a decision that you must do something. You must do this to get that solved and not to extend any of those leases until we have a master THROOP: BUCHANAN: ISHAM: BUCHANAN: ISHAM: BUCHANAN: MAUDLIN: PAGE 35 plan. I hope I've...I'm a morning person, not a night person, and I'm tired and I'm not sure I've communicated that it is an ugly site. The site's nice, what's been placed on it is not very attractive, and we want to make sure, and I encourage the study to make sure there are no hazardous activities coming from those antennas. Paul, let me say when I made my war comment I didn't realize that you had two sons on ships in the Gulf. Rick whispered in may ear "Paul's got two son over there." I have one son in a ship, the other one's a navigator in a C -1-41s normally. The County asked that they wanted to have their road paved. That's why they paid to have that road paved --they asked for it. Paul, we appreciate you paving it for us. Well, you did pay for it. I tried to get out of the bill for about six months, but you made me pay for it. And we appreciate you putting the gate up again, that was nice. We knew you were good for it eventually. Anyone else now wishing to speak this evening. It's been two hours and we've heard a lot of good stuff. I guess that I may be as guilty as anyone for having this meeting because we've got a lot of problems. We're spending more money than we're taking in, and we do need to do something. I've been pushing on doing something for sometime up to and including canceling all the leases, quadrupling the rates per hour, or whatever, or selling the damn thing and getting out of it. So we've heard some good things, and I have to agree with the gentleman from the hospital, I hope that we're not talking about this five years from now. I won't be talking about it five years from now. I think that we have received enough information that we may be able to take some steps to go forward with some kind of a plan to resolve some of the problems because we are not..because there are problems up there. We could sit back and every time somebody calls, we could just say "that's the way it goes." I guess basically that's what we've been doing, and I don't think that's the right attitude, and I don't want to get any more phone calls, so I think we will take the steps that are necessary, and when we take those steps, it's gonna cost you people some money. I think we ought to be clear on that. To get this thing resolved and to get something done up there, I've never advocated, as this things says, selling the site to a private developer. I've advocated selling the site to somebody who will maintain it as a radio operation up there. That would be one way for us to get out of it, because we are not going to spend more than we take in. I don't think it's good business, and I don't think it's good business for you guys. So I think we have some things that we will be discussing in the very near future within the next two weeks, so that we can make some kind of a plan so we can go forward with this thing because we need to get going. THROOP: Mr. Chair. Taking it a step further, we are going to have some discussions. Might we want to schedule a time when the Board is gonna have some discussions, and then all the people that are here this evening would have the opportunity to come and listen recognizing that it would be our turn to talk and their turn to listen. Should we schedule a time so that if we sit down, and we probably all three of us are going to draw conclusions of what we heard this evening, and we're probably all gonna weigh the information and come up with some points that we'd like to discuss, maybe some recommendations that we'd like to make and the challenge is gonna be to merge that, let's say, among the four of us when we get into that kind of a cathartic session. Should we make sure that everybody here knows when it is so they can be there and even be there as a resource if we have questions to ask? MAUDLIN: Well I'm not willing to have a meeting just to have a meeting. I mean if we can't come up with some alternatives to what we've got up there and get it out to them, then bring them together and say we're gonna go this way, this way, or this way, and then bring them back together. THROOP: The open meetings law says that no two of us can talk on a subject where we're deliberating toward a decision without providing public notice. So if we are going to site sit down and have those discussions, by law we've gotta provide public notice, so we might as well schedule a time and let them know where it is, so if they're interested in listening, they can. MAUDLIN: We have a commission meeting every Wednesday. We have a work session every Monday. If it's on the agenda we talk about it, but we need to ask our counsel to give us some background on what we've got here, to set up his viewpoint on what we've received here, and then we can get together and talk about it in an open meeting, but to set a meeting today is an impossible situation. PAGE 36 THROOP: SCHLANGEN: MAUDLIN: SCHLANGEN: MAUDLIN: ISHAM: SCHLANGEN: MAUDLIN: MEIER: PAGE 37 Okay. I'd clearly rather set a date so people have some expectation of where we're going. I think I'm personally not comfortable with how open ended we're leaving it. Maybe we can get together and chat if it's on the agenda and everybody can get on our notice list so if it appears on our agenda, and we're gonna discuss it, you'll know it, but I would prefer to leave it a little less open ended. We don't have any leases or anything --we have no tight time lines? We don't have. Well I want to review the reports that have already been done. I want to review the Dawson and the other report and see what there is out there already. I'd like to see what we got out of this and out of the tapes. If we go through a site visit, if you wanted to walk the site and take a look at physically, it might show you a little bit better than what's on this map, exactly what they look like. Well Dick, do you think we could do it, say put a work session one month, three weeks, four week? Do you think we can do all that between now... Well I'd rather do it at a Commission meeting not a work session, we seem to have more time. I'm Dave Meier from the City of Bend Police Department. I wear two hats. I also live up in the west hills. A lot of good comments here tonight, and it's very difficult for me to take exception to any of them. I think they all have a lot of merit. The reason I wanted to address you, I think this issue needs some attention and rightfully so as has been heard, but about five years ago, and somebody said the conflict resolution doesn't seem to work, and I can attest to that. About five years ago, I made a formal complaint about interference, and it didn't go anywhere. It just died a natural death somehow. I think the problem has gotten substantially worse since that complaint was made five years ago, there's not many new towers, as pointed out in your brochure, but there are certainly a lot more users up there. Our problems at the City of Bend and particularly at the police Department have gotten substantial. We have officers asking for help, being physically attacked in one case, having a gun pointed at him and so forth, and nobody heard them because of interference. And I can go on for two hours probably with horror stories, but I'm not gonna do that. But I urge you to give attention to this especially as it correlates to how many applications may be laying out there in the wings now. There are, as I understood, there are a lot of people that desire to go up on the butte and are making application and asking questions. If we allow any more to go up there, and somebody suggested a moratorium until we do something. Personally I can see some merit to that, but that's a political decision, and I'm glad I don't have to make that. But that's why I urge you to give as rapid attention to this as possible, because if we allow more and more and more people to get up there, it just gets further and further out of hand, and I think that's happened to some degree over the last five years. THROOP: Let me ask a question Rick. Do you know of any other live prospects out there that you're aware of as the person who's managing the site at this point? ISHAM: Yeah, there's one. It's US Cellular, either has an agreement or is negotiating an agreement with OPB. US Cellular is like 100 watt power ERP I guess. They're the only one that I'm aware of. There is another cellular that's licensed for the site. I haven't heard that they've made any contact with anybody, and I saw a hand go up there so there must be somebody else out there that I'm not aware of. MANTER: My name is Ed Manter, I'm with McClaw Communication, Cellular One is our operating company and we're the folks that are talking with a number of individuals up on the site to, perhaps at some point in the future, locate up there. Again our, as you mentioned Mr. Isham, our effective radiated power is only 100 watts. It's a very low power operation. ISHAM: My impression is that you had entered into an agreement possibly with OPB, it that not correct? MANTER: We have not completed an agreement at this point in time. THROOP: How would you like a moratorium? MANTER: Frankly, we'd be in the same shoes as the other fellow that answered the question about if the moratorium had taken place a year ago. No, we would not like a moratorium, that's pretty clear. I didn't come prepared to address the committee. PAGE 38 THROOP: MANTER: BUCHANAN: MAUDLIN: MAUDLIN: PAGE 39 Just a small panic at the rostrum. A moratorium does cause concern for us. If there are any other questions I could answer, I'd be happy to. I forgot one other point that I should clarify and Mr. Isham mentioned it. There is a master plan on Awbrey Butte for the trail park system and the City has required us and we have dedicated...I think if you drive through there you'll see two little pocket park areas with tennis courts on them that people are playing on right now. That land has been dedicated to the City as well as connecting paths from those parks to this County land on both sides. So if you make decisions regarding the leasing or any other areas, I'd guess probably should take into consideration that we have a system that's designed to go through there and would dead end if we don't keep that in mind. Thank you Paul, we have our regularly scheduled meeting tomorrow and I think that we will be fairly well finished with that by 11:00. We will take the time to discuss what we still need to look at, a site visit or whatever, but we will set a meeting for not later than a month from tomorrow, and you will all be notified in plenty of time so you can be around, so you can know what we're talking about. Is there anything further? The meeting is adjourned. ESS Board of Commissioners NOTICE Administration Building 1 130 N.W. Harriman / Bend, Oregon 97701 (503) 388-6570 Dick Maudlin Tom Throop Nancy Pope Schlangen AWBREY BUTTE MEETING On Tuesday, March 5, 1991, the Board of County Commissioners of Deschutes County, Oregon, will hold a meeting at 7:00 p.m. in Hearing Room A, Juvenile Justice Building, Bend, Oregon, to discuss the future of the 1128 N. W. Harriman, County's Awbrey Butte Radio and Television Transmission Site. All interested persons may attend and comment. BOARD OF COMMISSIONERS OF DESC 1 TES 0 .TY, OREG L' CK ''r UDLIN, Chairman Publish in Bulletin: February 27, 1991 March 3, 1991 479/ /149, 1-1-e.14404(A) ey,/1 dic(4_6i OMA, ROLO&ER CKE— -171-(S /eec(-- Sk-OC2- ti 57(irC.- (316 74 61/4ce\c,,,e /4.A0 goy 31c, /3-ird P77 t? .--?secyye,?2-orAw.cve t 13roo 5 //iSztl--e-,8 P. or. 5 AWBREY BUTTE MEETING INTRODUCTION Deschutes County has owned a twenty -acre parcel on top of Awbrey Butte since 1952. Since then the County property has been continuously used as a radio transmission and receiving site. A number of public and commercial entities are located on the site providing communications, FM radio and television broadcasts. The map attached hereto shows the current active sites. All users on the site, with the exception of the U.S. Forest Service, operate under a lease from Deschutes County. All lessees of the County are authorized to enter into subleases in accordance with their lease. With two exceptions, all leases had a initial 5 -year term from July 1, 1983, to June 30, 1988, with three five-year renewal options. Annual rent may be changed by the County at the beginning of each renewal period. The access to the property is paved. All structures on the site are either grandfathered or were permitted by the City of Bend. No new towers have been located on the site since Oregon Public Broadcasting constructed a new tower in 1983. The site is now managed by County staff. PURPOSE OF MEETING The Board is interested in obtaining public input on the future uses and management of the site. Any person may provide information or opinions to the Board at this meeting. The fact that this meeting is being held should not be construed to be an approval of any suggested change in the site or its management. Areas of interest the Board would like to have addressed are: 1. Continuation of site and management in current form. 2. Lease the property to a person or entity to management the site on behalf of the County. 3. Enter into a master lease for the property for one or more community towers and remove all other facilities. 4. Sell the property for private development. 5. Visual, health and safety issues. 6. lnterferrence issues. COMMENTS In taking comments, the Board welcomes written testimony and will hold the record open for one week from tonight to receive such testimony. It would be appreciated if each person speaking would limit their oral presentation to five minutes, not including time responding to questions from the Board. Comments will be received in the following order: 1. Lessees 2. Sublessees 3. Neighbors 4. Other interested persons Please deliver additional written comments to Richard L. /sham, Deschutes County Legal Counsel, 1130 N.W. Harriman, Bend, Oregon 97701. 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