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2017-834-Minutes for Meeting October 23,2017 Recorded 12/13/2017Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal Yv�il. CJ2017-834 12/13/2017 3:43:37 PM 111120,11JIIIIIIIIIIIIIIIIIII IIIII For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS Monday, October 23, 2017 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. One representative of the media was in attendance. CALL TO ORDER: Chair Baney called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None was offered. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Consent Agenda Items 1 and 2 will be pulled for discussion. HENDERSON: Move approval of Consent Agenda 3 and 4. DEBONE: Second. Minutes of Board of Commissioners' Business Meeting October 23, 2017 Page 1 of 7 VOTE: HENDERSON: Yes. DEBONE: Yes. BANEY: Chair votes yes. Motion Carried Consent Agenda Items: 1. Consideration of Board Approval of Order No. 2017-037, an Order Authorizing the ORS 311.392 Advance of Taxes, Assessments and Charges to Small Tax Districts 2. Consideration of Board Signature of Document No. 2017-650, Equipment Service and Software License and Support for Elections Envelope Sorter System 3. Approval of Minutes of the September 27, 2017 Business Meeting 4. Approval of Minutes of the October 4, 2017 Business Meeting ACTION ITEMS Consent Agenda Item 1 as pulled for discussion: Consideration of Board Approval of Order No. 2017-037, an Order Authorizing the ORS 311.392 Advance of Taxes, Assessments and Charges to Small Tax Districts Andrea Perkins, Finance Department, presented this item for consideration. The County Tax Collector bills and collects property taxes on behalf of all taxing jurisdictions in the County. Deschutes County collects taxes for small districts and statutes allow the County to buy-out certain small district levies by making a one-time payment to them of 97% of their current levies prior to December 1. This process allows the County to avoid making small payments to the taxing jurisdictions throughout the year. HENDERSON: Move approval DEBONE: Second. VOTE: HENDERSON: Yes. DEBONE: Yes. BANEY: Chair votes yes. Motion Carried Consent Agenda Item 2 as pulled for discussion: Consideration of Board Signature of Document No. 2017-650, Equipment Service and Software License and Support for Elections Envelope Sorter System Minutes of Board of Commissioners' Business Meeting October 23, 2017 Page 2 of 7 Nancy Blankenship, County Clerk, presented this item for consideration. In 2011, Oregon Secretary of State using Help America Vote Act funds purchased the Bell and Howell envelope sorter for Deschutes County Elections. This proposed contract is for five years and continues the hardware and software maintenance through a brand specific company known as Fluence Automation. A test of the new software will be done in November. DEBONE: Move approval HENDERSON: Second. VOTE: DEBONE: Yes. HENDERSON: Yes. BANEY: Chair votes yes. Motion Carried 5. PUBLIC HEARING: Consideration of Signature of Document No. 2017-652, Outdoor Mass Gathering Permit for 4 Peaks Music Festival Cynthia Smidt, Community Development Department presented this item. Chair Baney announced the hearing procedure. Ms. Smidt read the hearing process into the record and summarized the staff report. The festival date is for 10 days in June of 2018 and is the second year for the application at this site on Knott Road. The applicant has changed their design layout to help minimize impact to neighboring properties. Ms. Smidt reviewed the applicant's proposal for the 2018 event application. • Stacy Totland, applicant and Steve Hultberg, attorney representing the applicant. Mr. Hultberg presented comments on the festival and permitted events. Mr. Hultberg noted the compliance with state and county law and measures taken to address neighboring concerns. Ms. Totland noted the three day event has been held over the past 10 years and reviewed the proposed changes to address neighboring property impacts. Discussion held on the length of days requested for the event. The event application is requested for ten days and volunteers may be on-site prior to that setting up for the event but no camping. Commissioner Henderson inquired on safety concerns and wondered how they will address that. Ms. Totland noted the security team will be increased this year and takes safety and security very seriously. Commissioner Baney inquired on lessons learned. Ms. Totland noted plans for better signage and security. Commissioner Baney requested addressing the confusion of which road needs to be taken to access the festival. Commissioner Henderson inquired on the noise concerns. Ms. Totland noted the sound levels will be monitored. Commissioner Baney inquired on the hours of music and how will the times be shut down according to hours listed in the permit. Minutes of Board of Commissioners' Business Meeting October 23, 2017 Page 3 of 7 • Kathy Minar, resident of neighboring property. Mrs. Minar addressed impact the event has on their farm and their family as well as health and safety issues. Mrs. Minar presented a packet of information including an aerial photo. Mrs. Minar expressed concern of the natural gas line on that property as well as health and disease concerns due to cattle usage on that property. Mrs. Minar expressed concern with the security teams, traffic, and camping. • Steve Minar, resident of neighboring property. Mr. Minar asked the Board questions of documentation provided and wondered if the Board reviewed the information at a Work Session. Commissioner Baney asked Mr. Minar to submit questions for the Board to answer based on the process of the hearing. Mr. Minar summarized his concerns of the music festival as he feels it is an inappropriate location for an outdoor mass gathering. Mr. Minar commented on the loss of income and use of their home and property during the event. Mr. Minar expressed his concern of the lack of addressing the violations by the planning and enforcement department and Sheriff s Office. Mr. Minar shared his family's observation and stress on their pets and livestock during the event. Mr. Minar wants to share their concerns with Legal Counsel, the Sheriffs Office and OLCC. Commissioner Henderson inquired on the photographs submitted. Mr. Minar noted a drone was used for photographs taken. • Jim Walden, resident of neighboring property. He received a notification of the event and was present today to find the exact property location of the event. Mr. Walden commented on last year's festival and noted there was no impact but would request better signage placed by the event organizers. Mr. Walden noted the property is zoned as Exclusive Farm Use and should remain that way throughout the year. He noted concern if the event moves closer to his property as it may impact him with the change. • Katie Blodgett, resident of neighboring property. Ms. Blodgett's concern is for the future. She noted last year 27th Street was closed and probably impacted traffic with last year's event. Ms. Blodgett commented on the usage of Woodstock on a 600 acre property that was not able to be used after that event. She suggested a certain area should be designated for events and festivals that is not residential. Ms. Blodgett inquired on the monitoring of alcohol and drug usage during the event. • Chuck Fisher, manager of ranch directly south of this property. One of his big concerns was fire and they hired two water tankers and they installed signage of their property. The noise level wasn't bad at his residence but commented on the impacts of the vibration of the bass. They have invested and designated areas for wildlife and trees. In that area he has two bald eagles, grey horned owls and hawks as well as deer, elk and antelope and they are gone and have not come back. Mr. Fisher requested a review be done by Oregon Department of Fish and Wildlife. Mr. Fisher also has concerns on safety and issues of trespassing. He commented on his experience during last year's event. Mr. Fisher's other concern is regarding the trans - Canadian gas line located within the land of the easement. Minutes of Board of Commissioners' Business Meeting October 23, 2017 Page 4 of 7 • Bill Brewer, resident of neighboring property. This is a private property and the camping portion of the event is 20-30 yards off the northern edge of their property and causes an invasion of their property. Mr. Brewer expressed his concern of safety and recalled an instance with unattended children. Mr. Brewer commented on the positive of shifting the event from the distance to the Minar's property but now moves the event closer to his property. • Jeff Hinkle, site manager for 4 Peaks Music Festival. Mr. Hinkle thanked the Board for allowing the comments and reviewed the positive outcomes of the festival. The event organizers are committed to a safe music festival and their goal to minimize impact to the neighbors. They have also enhanced their fire prevention measurements. Mr. Hinkle commented on the Minar's use of drones and reports to the Sheriff's Office. Mr. Hinkle requests the Commissioners approve the permit and clarified any items of confusion of the permit application. Commissioner Baney inquired on the fire prevention measures and event location. Mr. Hinkle hopes to have water tankers this year. Mr. Hinkle noted there is no camping around the gas line area. Commissioner Henderson inquired if any conversations were held with the trans -Canadian pipeline agency. Mr. Hinkle noted they did survey that. Commissioner DeBone inquired if there was any documentation available on the pipeline survey. Mr. Hinkle did note the canal does cross the property but has been marked with fencing to keep people out. Commissioner Henderson inquired on the location of the canal as there was a safety concern during last year's event. Mr. Hinkle noted the plans for signs and lighting at the event access point. Commissioner Baney inquired on the bass vibration. Mr. Hinkle commented he was at the fence line and the average decibels was at 40 decibels and didn't feel the readings would cause any impact. The 2017 festival count was 2,600 throughout the time of the festival. Mr. Hinkle noted the event participants didn't carpool and created a large amount of vehicles there. Commissioner Henderson inquired why it wasn't moved to the center of the property and Mr. Hinkle noted it was due to the terrain. • Roberta Nethercutt, resident of neighboring property. She commented there is no way to enforce what the permit is requesting. There was no control of attendees, hours of activity or noise during last year's event. She was concerned with drug usage on the property. Ms. Nethercutt also agrees with Mrs. Minar's comments on the health concerns. She is also concerned with fire issues and recalls this year's fire events. She respectfully asked to vote against the permit and request the event be relocated to another venue. • Howard Copp, father of Stacy Totland. Mr. Copp added light to some of the statements made by the Minar's. Prior to the festival last year, there were conversations with the neighbors explaining they would address any concerns but instead calls were made to the Sheriff's Office. Mr. Copp doesn't understand the property concerns of disease and doesn't feel it affects the permit of 4 Peaks. Mr. Minutes of Board of Commissioners' Business Meeting October 23, 2017 Page 5 of 7 Copp spoke on security issues that were addressed as well as the usage of drones by the Minar's. RECESS: At the time of 12:41 p.m., Chair Baney called for a brief recess and the meeting was reconvened at 12:47 p.m. • Mr. Hultberg spoke on the event location and moving it would not be the same event. He also commented on the event avoiding the pipeline area. Mr. Hultberg also extended the offer to meet with neighbors regarding any concerns with the event. There was a request to extend the event approval but due to the organization of the event he requests this hearing is not postponed. • Ms. Totland commented on her time spent planning this event. Ms. Totland also spoke on extending signage and security for the event. She also spoke on addressing the concerns of bass and sound affecting wildlife. Commissioner DeBone inquired on the assurance of mitigating fire and Commissioner Baney asked to elaborate on chain of command. An emergency protocol and safety plan is drawn up and shared with the Sheriff's Office. Commissioner Baney asked for staff comment. Nick Lelack and Cynthia Smidt, Community Development Department responded on the calls and emails received during last year's event. The staff did not find any violations during last year's event. Mr. Lelack appreciates a better system to be created for the chain of command. Ms. Smidt reviewed the code and comments on better signage and the traffic control plan. Ms. Smidt requested clarification on the 10 -day event calendar and if requiring a condition of approval for dust control measures. The pipeline concerns would be between the property owner and utility provider. The Board has authority to impose any reasonable conditions to address public health and safety issues. Commissioner Baney hopes in terms of the pipeline for driving on that ground that a general condition would be included. Commissioner Henderson requested a map showing the canal location. Commissioner Baney proposes the Board brings this back on Monday to afford the applicant the opportunity for written response. Commissioner Henderson requests further time for review. Commissioner DeBone suggested Wednesday, November 1. Commissioner Baney would also request addressing the dust mitigation and conversations with the Sheriff's Office. Minutes of Board of Commissioners' Business Meeting October 23, 2017 Page 6 of 7 At this time, Commissioner Baney closed the oral testimony and kept the record open for rebuttal to Friday October 27th at 5:00 p.m. and the continuation of the hearing to the business meeting of Wednesday, November 1. OTHER ITEMS: None were offered. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 1:24 p.m. DATED this Day of County Board of Commissioners. ecording Secretary 2017 for the Deschutes Tammy Baney, Char a:70A- Anthony DeBone, Vice C it Philip G. Hende on, Commissioner Minutes of Board of Commissioners' Business Meeting October 23, 2017 Page 7 of 7 TE � 2 o/ -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, MONDAY, OCTOBER 23, 2017 Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public live or at a later date; and written minutes are taken for the record. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Consideration of Board Approval of Order No. 2017-037, an Order Authorizing the ORS 311.392 Advance of Taxes, Assessments and Charges to Small Tax Districts 2. Consideration of Board Signature of Document No. 2017-650, Equipment Service and Software License and Support for Elections Envelope Sorter System 3. Approval of Minutes of the September 27, 2017 Business Meeting Board of Commissioners Business Meeting Agenda Monday, October 23, 2017 Page 1 of 2 4. Approval of Minutes of the October 4, 2017 Business Meeting ACTION ITEMS 5. PUBLIC HEARING: Consideration of Signature of Document No. 2017-652, Outdoor Mass Gathering Permit for 4 Peaks Music Festival - Cynthia Smidt, Associate Planner OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN To watch this meeting on line, go to: www.deschutes.orq/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. tsy Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orq/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Business Meeting Agenda Monday, October 23, 2017 Page 2 of 2 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of October 23, 2017 DATE: October 18, 2017 FROM: Cynthia Smidt, Community Development, 541-317-3150 TITLE OF AGENDA ITEM: PUBLIC HEARING: Consideration of Signature of Document No. 2017-652, Outdoor Mass Gathering Permit for 4 Peaks Music Festival RECOMMENDATION & ACTION REQUESTED: Hold a de novo public hearing and make a decision based on the existing record and written and oral testimony. BACKGROUND AND POLICY IMPLICATIONS: Before the Board of County Commissioners ("Board") is an Outdoor Mass Gathering application by 4 Peaks Presents, LLC requesting to hold a music festival on a 150 -acre parcel owned by DM Stevenson Ranch, LLC. The music festival, 4 Peaks Music Festival, is a multi -day event that would include RV and tent camping, parking, and food and drink for an estimated 3,000 people, including staff and volunteers. The proposed dates for the 4 Peaks Music Festival are June 16 - 26, 2018, which includes set-up and removal of equipment, structures, and similar materials used for the festival. The request is not a land use application and not subject to zoning regulation. The request is subject to Deschutes County Code Chapter 8.16 and the Hearings Body to review this application is the Board. See attached staff memo for further background information. FISCAL IMPLICATIONS: None ATTENDANCE: Cynthia Smidt, Community Development Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6405 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.orgicd STAFF REPORT TO: Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: October 17, 2017 HEARING: October 23, 2017 RE: Public Hearing for an Outdoor Mass Gathering, File No. 247-17-000732-OMG PURPOSE The Deschutes Board of County Commissioners ("Board") will hold a public hearing to consider a music festival proposal by 4 Peaks Presents, LLC for an Outdoor Mass Gathering ("OMG") application. The applicant proposes to hold the festival in June 2018 on a 150 -acre parcel owned by DM Stevenson Ranch LLC. The 4 Peaks Music Festival would include RV and tent camping, parking, and food and drink for approximately 3,000 people. PROPOSAL The applicant is proposing to hold the festival at the subject property located at 21085 Knott Road, which is zoned Exclusive Farm Use (EFU).1 The 4 Peaks Music Festival has occurred on property outside of Tumalo for nine years2 and one year— 2017 — at the subject property. The current proposal requests an OMG permit that would allow up to 2,999 people, including staff and vendors, at the festival (DCC 8.16.160(G)(6)). The proposed dates are June 16 — 26, 2018, which includes set-up and removal of equipment, structures, and similar materials used for the festival. The actual music festival will take place primarily on an outdoor stage from June 21 — 24, 2017 (Thursday through Sunday). The festival also includes music sessions inside a tent. Included are two (2) late night music sessions from 10:00 pm. to 11:59 p.m. on Friday and Saturday and two early morning "silent" (use of headphone) music sessions from 12:00 a.m. to 1:45 a.m. on Saturday and Sunday mornings. Specific 2018 festival dates and hours are listed below. 1 This application is not subject to the EFU zoning regulations because it is not a land use application. 2 The music festival was conducted on property located at 19449 Tumalo Reservoir Road from 2007 to 2016, with an exception of 2009. Quality Services Performed with Pride The proposed festival will be located in the eastern half of the subject property, which will be divided into specific areas for the music festival. The applicant is proposing some modifications from the previous year including the layout design of the festival and its location on the subject property. For the 2018 proposed festival, two notable changes include locating camping and parking further west — at least 200 feet — from the eastern property boundary then what was proposed for the 2017 festival. In addition, at least one stage and speakers will be positioned so that they face away from neighbors located to the east. The applicant hopes this will provide a buffer from neighboring properties. For reference, Figure 1 below illustrates the 2018 proposed design layout. E M E R G E 11 C Figure 1. 2018 Festival Design Layout KNOTT ROAD For the 2018 proposed festival, access will be from Knott Road on a driveway that was improved based on the 2017 permit. Near the entrance of the site, there will be general admission vehicle lanes, ticket will call, trash and recycling collection, and day -use parking. The main activity area contains the stages, vendors, restrooms, water, first aid, trash collection and recycling, and basic operational aspects of the festival. Just north of the main activity area will be an area for authorized File No.: 247-17-000732-OMG Page 2 of 17 personnel only. Other areas to the south of the main activity area will primarily be designated family camping, RV and car camping, and additional day -use parking. A designated yurt and tent camping area lies directly south of the main activity center. The design layout includes separate vehicle and pedestrian access aisles and an emergency access road. The proposed application materials indicate that the site will have 45 toilets (seven will be ADA compliant), 14 hand -washing facilities, water supply areas, food service, and solid waste collection sites. The applicant is requesting a waiver from the requirements to maintain an ambulance on-site during the festival. However, the applicant will comply with County Code regarding the first aid station (refer to Medical Service Plan of the submitted application materials), which includes the use of Adventure Medics, an event medical service. SUBJECT PROPERTY The subject property, shown below in Figure 2, is approximately 150 acres and is developed with a single-family dwelling and several accessory structures. Knott Road, which abuts the north property boundary, is classified as a rural arterial road. Heidi Lane, a private access easement, abuts a portion of the property's eastern boundary. Access to the property is taken from Knott Road. The site has varying terrain and vegetated with juniper trees, pasture grasses, native ground cover, and introduced landscaping. A perimeter wire fence encloses the property. -i; SHr&E3 RD Figure 2. Vicinity Map KNOTT Rn Subject Property nyai 1. Palk Site J File No.: 247-17-000732-OMG Page 3 of 17 The area surrounding the subject property consists of farm uses, residential uses, open space, commercial uses, public, semi-public, utility, and industrial uses. There are farm -zoned parcels to the east, west, and south of the subject property. Some farm -zoned properties are currently engaged in some form of farm use. Across Knott Road to the north are properties within the Bend Urban Growth Boundary and are zoned Urbanizable Area (UA). This area is developed with the Bend Bowman archery facility, High Desert Veterinary Clinic, Bend Pet Resort kennel facility, High Desert Middle School, and a natural area (open space) owned by Bend Metro Parks and Recreation. To the northeast is the Deschutes County Road Department, Humane Society of Central Oregon, and Central Electric Cooperative complex. Also to the northeast is property zoned Surface Mining (SM) and is the site of Deschutes County's Knott Landfill Recycling and Transfer Facility. Further to the west and east, beyond farm and residentially zoned properties, are lands zoned Surface Mining, Site Nos. 391 and 392, respectively. Based on County records, Site 392 is no longer in operation. PUBLIC NOTICE The Planning Division mailed notice to several agencies. Comments received are noted below in the Requirements/Criteria section of this report. Public notice was published in the Bend Bulletin on October 1, 2017. In addition, the Planning Division sent notice of the proposal to all property owners within 750 feet of the subject property. As of the date of this memorandum, staff received one written comment from neighboring property owner, Susan Long at 60535 Bobcat Road. Ms. Long expresses opposition regarding noise, dust, traffic, lights, security, drugs and alcohol, and violations of the 2017 permit. For reference, the 2017 music festival (file 247-16-000694-OMG) received several comments during the Board's review and subsequent issuance of the OMG permit and during the actual festival in June 2017. The Board reviewed and approved the 2017 OMG permit during a December 19, 2016 business meeting. For reference, staff has provided the Board meeting minutes from December 19, 2016 (Attachment D). During the festival in June 2017, County staff responded to several inquiries. Planning and Code Enforcement responded by contacting the OMG organizer and conducting a site visit. County Code Enforcement Technician, Chris Tiboni, made a site visit on June 16, 2017 and provided the following comments to CDD Director, Nick Lelack: I went out to 4 peaks event at 3:00 and left there at approximately 3:45. I walked the interior part of the perimeter, with Stacy's (event coordinator) permission. The readings are as follows. East Property Line. First reading was 59.1 dbls. second reading was 60.1 dbls. Second reading was taken right next to the Minar residence. South Property Area. Did not walk all the way to the property line. First reading was 65.5 dbls second reading was 56.4 dbls I did not travel west due to the distance it was from the venue to reach the property line. Behind the stage area approximately 100 yards away, one reading of 71.6 dbls North Property area. I obtained a reading of 61.7 dbls. This area was tricky, every time a car drove by the decibels went up over 100. Every time at all areas where readings were taken, when a gust of wind would kick up, it would spike the decibel level. File No.: 247-17-000732-OMG Page 4 of 17 I believe at this time, there is not a violation with the readings I was able to obtain. If you have any questions let me know. At the Board's June 21, 2017 business meeting, several individuals including Steve and Kathy Minar and their two daughters, together with Susan Long and William Brewer provided citizen input regarding the festival. A summary of their comments are available on the approved Board meeting minutes from June 19, 2017 (Attachment E)). OUTDOOR MASS GATHERING REQUIREMENTS / CRITERIA Deschutes County Code (DCC) Chapter 8.16 provides approval criteria for an OMG permit. The applicant has satisfied the requirements addressed in DCC 8.16.160. As required, the applicant has satisfied the requirements addressed in DCC 8.16.160, including obtaining signatures on the application form from the following agencies: • Bend Fire Department • Deschutes County Health Department • Deschutes County Environmental Health Division • Deschutes County Sheriff. The proposed application can comply with the applicable standards and criteria outlined in Chapter 8.16 below if conditions of approval are met. 1. Section 8.16.210. Outdoor Mass Gathering and Extended Outdoor Mass Gatherina Insurance. A. After consultation with the County Risk Manager, if the Board determines that the Outdoor Mass Gathering or Extended Mass Gathering creates a potential for injury to persons or property, the Board may require organizers to obtain a commercial general liability insurance policy in an amount commensurate with the risk, but not exceeding $1 million per occurrence. B. The insurance policy may not be cancelable and shall provide coverage against liability for death, injury, or disability of any human or for damage to property arising out of the Outdoor Mass Gathering or Extended Mass Gathering. C. The insurance policy must be an "occurrence" policy, or its equivalent, that provides for payment of claims made during the 180 -day period after the scheduled termination of the Outdoor Mass Gathering or Extended Outdoor Mass Gathering. D. The Organizer shall furnish the Director with an insurance certificate and a copy of the insurance policy naming the County as an additional insured under the policy. E. The permits for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering shall be voided by the Director if the Organizer does not file proof of the non -cancelable insurance required by this section with the Director at least fourteen days before the first day of the [Outdoor Mass Gathering]. The applicant intends to obtain a special event insurance policy that will provide general liability of $1,000,000 and cover against liability for injury or disability of any human, or for damage of property arising out of this OMG. The applicant indicates that they will provide an insurance certificate and copy of the insurance policy naming the County as additionally insured. File No.: 247-17-000732-OMG Page 5 of 17 Insurance — Recommended Condition of Final Approval • Fourteen days prior to the event, 4 Peak Presents, LLC shall obtain and provide the Community Development Director for approval a Special Events Insurance policy that provides general liability of $1,000,000 per occurrence naming Deschutes County, its officials, agents and employees as an additional insured on the endorsement. The policy shall provide payment of claims within the 180 -day period after the scheduled termination of the event. 2. Section 8.16.220. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Sanitary Facilities. A. The County Environmental Health Division shall have the responsibility for approving all sanitation and related facilities required by the Hearings Body for an Outdoor Mass Gathering or Extended Mass Gathering permit to ensure that reasonable minimum standards have been or will be met by the Organizer, in accordance with the procedures outlined in DCC 8.16 and OAR 333-039. 1. Water. An adequate supply of water meeting state drinking water standards for Chemicals and Bacteria shall be provided. 2. Food Service Facilities. Food service facilities shall comply with the Oregon Department of Human Services regulations that pertain to the operation of temporary restaurants. B. Such approval of an Outdoor Mass Gathering or Extended Mass Gathering permit by the County Environmental Health Division shall indicate the number, type, and location, when appropriate, of the various facilities and shall include a description of the specific type of food preparation and food service facilities to be provided. The applicant provided an environmental health plan (Exhibit F of the application materials) documenting contact persons, number of toilets and hand washing facilities, water supply, and waste collection and disposal, and food service facilities. The plan notes that Little John's Portable Toilets will provide the portable toilets and hand washing stations. Bend Garbage and Recycling will provide garbage and recycling services for the festival. Eric Mone, Environmental Health Supervisor, reviewed and approved the proposed sanitary facilities plan. However, Mr. Mone requests a copy of the contracts the applicant has with Little John's Portable Toilets and Bend Garbage and Recycling. The environmental health plan also indicates the first round of water tests for coliform and nitrates will be submitted withinl4 days of permit approval by the Board. The second round of water tests (coliform only) will be submitted in May 20183 prior to the festival. Sanitary Facilities — Recommended Conditions of Final Approval: • The applicant shall provide one toilet per every 100 attendees. The applicant has contracted with Little John's Portable Toilets to provide the required facilities. • Hand washing facilities shall provide running water, adequate soap, and paper towels. The applicant has contracted with Little John's Portable Toilets to provide the required facilities. 3 The application materials state May 2017. However, staff believes this was written in error. The OMG permit will be conditioned so that the second round of waster tests shall be submitted in May 2018. File No.: 247-17-000732-OMG Page 6 of 17 • The applicant shall provide waste collection and removal. The applicant has contracted with Bend Garbage and Recycling. • Thirty days prior to the event, the applicant shall submit to the Community Development Director and County Health Director, the contracts for sanitation and waste collection and removal. • Drinking water shall be provided via private well. The water system shall meet all Drinking Water Program requirements. • Food service shall be provided by licensed vendors and restaurateurs. Each food vendor shall apply to the County Health Department for a temporary restaurant license at least one week in advance of the event. 3. Section 8.16.230. Outdoor Mass Gathering and Extended Outdoor Mass Gathering — Fire Protection Standards. A. Unless waived by the Hearings Body pursuant to DCC 8.16.030(H), no Outdoor Mass Gathering or Extended Mass Gathering permit shall be granted under DCC 8.16 unless the Organizer has shown that the appropriate Fire Protection District Officer has approved the type, size, number and location of fire protection devices and equipment available at, in or near any location, including outdoor sites, buildings, tents, stadium or enclosure, wherein or whereupon more than 10 persons may be expected to congregate at any time during the course of an Outdoor Mass Gathering or Extended Mass Gathering for which a permit is required under DCC 8.16. B. If the site for which the permit is applied for is located outside a fire protection district, the Organizer must show approval from the office of the State Fire Marshal. The Planning Division mailed notice to several agencies including the Bend Fire Department. Deputy Chief/Fire Marshal, Larry Medina, was unable to review the proposal in detail. In the last several years of the 4 Peaks Music Festival, however, Mr. Medina consistently recommended the same requirements, which are identified below in the recommended conditions of final approval list. In addition, as with previous OMG permits for the 4 Peaks Music Festival, staff recommends final inspection by the Bend Fire Department and adequate water supply available onsite either in the irrigation pond or in a water tank, as noted in the following list. Fire Protection — Recommended Conditions of Final Approval: • All fire hydrants, fire sprinkler, and/or standpipe system connections are to remain readily visible, accessible, and unobstructed and shall be accessible with an unobstructed circumferential distance of three feet. • Fire and emergency access roads shall have an unobstructed width of not less than 20 feet and a vertical clearance of not less than 13 feet, 6 inches. Barricades shall be approved prior to erecting. The emergency access roads shall remain open at all times. • Vendors cooking outdoors shall comply with the Bend Fire Department and the City of Bend "Open Cooking Concession Requirements." • Non -fixed food concession such as enclosed trailers, buses, and vans shall comply with the Bend Fire Department and the City of Bend "Non -Fixed Food Concession Requirements." • All tents, canopies, and temporary structures shall comply with the Bend Fire Department regulations. • Campfires, bonfires and other recreational open burning are prohibited. File No.: 247-17-000732-OMG Page 7 of 17 • The Outdoor Mass Gathering shall have at least one first aid station staffed by two adult individuals trained in first aid techniques for the duration of the event. The first aid station shall include an Automated External Defibrillator (AED) device with AED device trained staff. Ambulance service shall be provided by Adventure Medics, Bend Fire Station #303 located at 61080 Country Club Drive, approximately 2 miles from the event site, or the next available responding ambulance unit. • The applicant shall contact Bend Fire Department prior to OMG and obtain final site approval from the department no later than the Wednesday (June 20, 2018) before the festival. • If the irrigation pond located on-site is less than 50 percent full one-week prior to the event, the applicant shall provide a water truck at the event for fire suppression. 4. Section 8.16.240. Outdoor Mass Gathering and Extended Outdoor Mass Gathering — Medical Service. A. The County Health Department shall have responsibility for approving plans as to medical service required for the Outdoor Mass Gathering or Extended Mass Gathering. B. Each Outdoor Mass Gathering or Extended Mass Gathering shall have as a minimum one ambulance and a first aid station staffed by two adult individuals trained in first aid techniques. The applicant submitted a medical service plan, which includes the use of Adventure Medics, an event medical service. At the time of application, the medical staff for Adventure Medics had not been finalized. As identified below in the list of recommended conditions of final approval, staff recommends the applicant provide the names and qualifications individuals trained in first aid techniques that will staff the on-site first aid station. In addition to a first aid station, a minimum of one ambulance is required to be located on-site at the festival (see DCC 8.16.240(B)). The applicant is requesting a waiver from these requirements based on the service that is provided by Adventure Medics. The Board may waive the permit requirements upon showing good cause by the organizer as noted in DCC 8.16.150(B). If the Board determines no County law enforcement or other services are necessary and no significant public health, safety, or welfare issues are involved, the Board may waive the requirement. The Bend Fire Station #303, located at 61080 Country Club Drive, is approximately two (2) miles from the OMG site. The applicant has been working with Steve O'Malley, City of Bend Deputy Chief of EMS, regarding this request. As indicated in a letter dated September 14, 2017, Mr. O'Malley indicated he would support the waiver request based on the level of medical support on the property presented to him. Furthermore, Tom Kuhn, Community Health Program Manager with Deschutes County, reviewed and approved the proposed medical plan for the 4 Peaks Music Festival. Medical Service — Recommended Conditions of Final Approval: • The Outdoor Mass Gathering shall have at least one first aid station staffed by two adult individuals trained in first aid techniques for the duration of the event. The first aid station shall include an Automated External Defibrillator (AED) device with AED device trained staff. Ambulance service shall be provided by Adventure Medics, Bend Fire Station #303 located at 61080 Country Club Drive, approximately 2 miles from the event site, or the next available responding ambulance unit. File No.: 247-17-000732-OMG Page 8 of 17 • Thirty days prior to the event, the applicant shall submit to the Community Development Director, the names and qualifications for all individuals trained in first aid techniques and AED device trained staff for the duration of the event. 5. Section 8.16.250. Outdoor Mass Gathering and Extended Outdoor Mass Gathering — Public Safety. A. If required by the Hearings Body pursuant, the Organizer must submit plans for public safety at the Outdoor Mass Gathering or Extended Outdoor Mass Gathering for approval demonstrating the following: 1. Adequate traffic control and crowd protection policing must have been contracted for or otherwise provided by the Organizer. a. There shall be provided one traffic control person for each 250 persons expected or reasonably expected to be in attendance at any time during the Outdoor Mass Gathering or Extended Outdoor Mass Gathering. b. Further, there shall be provided one crowd control person for each 100 persons, expected or reasonably expected to be in attendance at any time during the Outdoor Mass Gathering or Extended Outdoor Mass Gathering. 2. The Organizer shall submit the names and necessary background information for all traffic -control and crowd -control personnel to be utilized during the Outdoor Mass Gathering or Extended Mass Gathering. 3. All such personnel must meet the following minimum standards in order to be approved as suitable: a. Be at least 18 years of age; b. Be in good physical health; c. Have training or experience acceptable to the County to conduct traffic and or crowd -control duties. B. All of the traffic control and crowd control personnel must wear an appropriate identifying uniform and all traffic control uniforms must be accordance with the current edition of the Manual of Uniform Traffic Control Devices. C. The required number of crowd -control personnel must be on duty during the entire Outdoor Mass Gathering or Extended Outdoor Mass Gathering unless a relief schedule has been planned and approved. D. A relief schedule will be approved only when sufficient crowd -control strength on duty has been maintained to meet the minimum strength standards set forth in this chapter. E. It shall be the duty of the crowd control personnel to report any violations of the law to the Sheriff, his deputies or representatives. The applicant provided a security plan as Exhibit E of the application materials. Regarding security and crowd -control services during the festival, the applicant contacted Donal Liebermann of Dark Eden Inc. In section (A) above, it is required that adequate protection include providing one crowd control person for each 100 persons expected or reasonably expected to be in attendance at any time during the OMG. The applicant states that a minimum of six uniformed licensed security personnel will be on duty during the festival with additional on-call staff available. Additional security personnel will be added, if necessary, to maintain the ratio of one security personnel to 100 persons in attendance. To ensure compliance, staff recommends this be a condition of final approval, as identified below. In addition, crowd -control personnel must be on duty the entire time of the festival as required in section (C) above. The festival will include overnight camping. It is unclear how many people will be camping and thus staff recommends that the applicant provide additional overnight security personnel for the expected or reasonably expected attendance of campers. File No.: 247-17-000732-OMG Page 9 of 17 The applicant submitted a traffic control plan with the application materials, which includes the following: Entry and access to 4 Peaks Festival will be from Knott RD. Signs will be posted along the roadway to alert drivers as they approach. In order to ensure ample space to line up vehicle off highway at will call/check in, we have the following procedure in place; All vehicle will pull off Knott Rd. on to festival grounds and proceed at least 100' down driveway/staging area. At that point general admission vehicle will be directed into one of six 180' lanes to await ticketing. All but two of these lanes will be converted in to day parking after the majority of our patrons arrive and extra lanes are no longer needed. There will be a separate lane to the general admission entry for authorized vehicles only to be used by staff, crews, services, and emergency vehicles. Temporary parking will be provided for ticketing and parking instructions. The event site can accommodate more than twice as many vehicles as required for an event of this size. As the exhibit C 1, and C2, demonstrates, there are adequate areas for ingress and egress to into the site and throughout the parking and camping areas. A minimum of six (6) traffic control and parking monitors will be on duty during each shift. [Two] (2) will be stationed at entrance, with the remaining [four] (4) assigned to parking and camping areas.4 Safety vests will be worn by all traffic and parking staff while on duty and equipped with flags for signaling drivers. Traffic is expected to be very light, with attendee's arrivals spread out over time, starting Thursday after 8:00 am and late arrivals trickling in until Saturday midday. Departures will occur throughout the day on Sunday, after the festival is over. We feel this extended time frame for arrivals and departures will prevent any traffic congestion or hazards on the roadway. In addition to the above, the applicant will be using the traffic plans that was approved by the County Road Department for the 2017 festival. As approved for the 2017 event, the Road Department requested one change to the traffic control plan, which included replacing the signs labeled as "road work ahead" with signs labeled as "event ahead" pursuant to ODOT Sign Policy Manual CW 15-15. With the understanding that the applicant proposes to use the 2017 traffic control plan for the 2018 festival, the County Road Department recommends the applicant submit the plan for approval prior to the proposed 2018 event. In addition, Peter Russell, County Senior Transportation Planner recommends that the applicant be required "to use state -certified flaggers if they are stopping traffic on a County road and that the parking lot accommodate a minimum of 75 feet of queueing...." To ensure compliance, this has been added as a condition of final approval, as noted in the list below. In addition, staff recommends the applicant submit to the Community Development Department Director and County Sheriff, the names and necessary background information for all traffic -control and crowd -control personnel utilized during the OMG. Traffic control and crowd protection personnel shall have training or experience acceptable to the County to conduct traffic and or crowd -control duties. 4 The application materials incorrectly stated "Three (2) will be stationed at [the] entrance, with the remaining three (4) assigned to parking and camping areas." In an October 6, 2017 email correspondence, that applicant corrected this error by indicating two will be at the entrance and four at the parking and camping areas. 5 The 2017 traffic control plan by Traffic Control Consultants, dated May 16, 2017, was not formally submitted into the record for this OMG permit (file 247-17-000732-OMG). File No.: 247-17-000732-OMG Page 10 of 17 Public Safety — Recommended Conditions of Final Approval: • Security for the event will be provided by Dark Eden Inc. with clearly marked security officers. Security will be in place at all times. • The applicant shall provide one crowd control person for each 100 persons, expected or reasonably expected to be in attendance at any time during the Outdoor Mass Gathering. • Traffic control and crowd protection personnel shall show certification of training or experience acceptable to the County to conduct traffic and or crowd -control duties. • Thirty days prior to the event, the applicant shall submit to the County Road Department and Senior Transportation Planner for review and approval a detailed traffic control plan that includes traffic control signs, sign location and spacing plan, traffic control personnel certification, and a site plan drawn to scale illustrating adequate space (75 feet) for stacking of vehicles. • Thirty days prior to the event, the applicant shall submit to the Community Development Director and County Sheriff, the names and necessary background information for all traffic - control and crowd -control personnel to be utilized during the Outdoor Mass Gathering. • The applicant shall meet the requirements of DCC 8.16.250, Public Safety. 6. Section 8.16.260. Outdoor Mass Gatherina and Extended Outdoor Mass Gathering — Parking Facilities. A. If required by the Hearings Body, prior to or on the date of application for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering, the Organizer shall provide a scale drawing showing adequate parking facilities have been made available within or adjacent to the location for which the permit is requested. B. Such parking facilities shall provide parking space for one vehicle for every four persons expected or reasonably to be expected to attend such. C. Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any vehicle at any time to or from the parking area of the Outdoor Mass Gathering or Extended Mass Gathering. D. Should buses be used to transport the public to the Outdoor Mass Gathering or Extended Mass Gathering, it shall be shown that public parking or parking is available at any site from which buses are scheduled to pick up persons to transport them to the . [sic] The applicant provided a traffic control plan including parking information (Exhibit E of the application materials). In addition, the designated parking and maneuvering areas are illustrated on Exhibit C, C1 and C2 of the application materials. The plan indicates that vehicle traffic will proceed 100 feet down the driveway at which point, vehicles will be directed to one of six 180 -foot lanes for vehicles with general admission ticket holders. At least four of these lanes will be converted to day -use parking once the extra lanes are no longer needed. There will also be a separate lane for authorized and emergency vehicles only. As indicated in the foregoing finding, the festival has designated camping and parking areas that "can accommodate more than twice as many vehicles as required for an event this size." Staff believes the site provides adequate vehicle and emergency vehicle ingress and egress throughout designated parking and camping areas. Parking Facilities — Recommended Conditions of Final Approval: • Applicant shall adhere to the proposed site plan that shows the parking area. File No.: 247-17-000732-OMG Page 11 of 17 • Parking services will be provided by 4 Peaks Presents, LLC and will include a minimum of six traffic control and parking monitors for each shift. 7. Section 8.16.270. Outdoor Mass Gathering and Extended Outdoor Mass Gathering - Permit Posting. A. The Organizer of an Outdoor Mass Gathering or Extended Outdoor Mass Gathering shall have a copy of the permit available for inspection upon request. B. No permit for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering shall be transferable or assignable without the consent of the County Administrator. C. Any permit for an Outdoor Mass Gathering or Extended Mass Gathering shall be kept posted in a conspicuous place upon the premises of such assembly. D. No permit for an Outdoor Mass Gathering or Extended Mass Gathering shall be transferable or assignable without the consent of the Board. E. Except as authorized elsewhere in this chapter, no rebate or refund of money paid for a permit shall be made. Upon approval by the Board, Deschutes County will provide the applicant with permits and conditions of approval that will be required to be posted in a conspicuous location on the subject property during the course of the OMG. Permit Posting - Recommended Conditions of Final Approval: • This permit shall be posted in a conspicuous spot on the property during the course of the event. 8. Section 8.16.280. Inspection of Outdoor Mass Gatherina and Extended Outdoor Mass Gathering Premises. A. No Outdoor Mass Gathering or Extended Outdoor Mass Gathering permit shall be granted unless the Organizer shall, in writing upon the application, for such permit consent to allow law enforcement, public health and fire control officers to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions of the permit and DCC 8.16, and any other applicable laws or ordinances. B. If any inspections reveal deficiencies in compliance with State or local law, the inspectors may return as often as needed until the deficiencies are cured. If the deficiencies are not cured or cannot be cured, the Board, County Administrator, County Engineer or the Sheriff may suspend or terminate the Outdoor Mass Gathering or Extended Outdoor Mass Gathering. C. All the Outdoor Mass Gathering or Extended Mass Gathering facilities shall be in place a sufficient time, but not less than two hours, before the Outdoor Mass Gathering or Extended Outdoor Mass Gathering for which an application is submitted and approved, and shall be subject to inspection by the County, provided, however, that such inspection shall not relieve the Organizer of responsibility for proper placement of all facilities. According to the submitted application materials, the applicant grants access to the premises for inspection purposes by law enforcement, public health, and fire control officers based on the terms and conditions of approval of the permit. As noted in section (B) above, if deficiencies are identified File No.: 247-17-000732-OMG Page 12 of 17 following an inspection, the inspector may return as often as needed until deficiencies are resolved. If deficiencies are not resolved, the County Sheriff may terminate the OMG. Premises — Recommended Conditions of Final Approval: • The applicant and/or property owner will provide access to the premises for inspection purposes by law enforcement, public health, and fire control officers based on the terms and conditions of the permit. If deficiencies are identified following an inspection, the inspector may return as often as needed until the deficiencies are cured. If the deficiencies are not cured or if the County determines that the deficiencies cannot be cured then the applicant expressly consents that the County Sheriff is authorized to take any and all necessary actions to terminate the Outdoor Mass Gathering. 9. Section 8.16.290. Outdoor Mass Gatherina and Extended Outdoor Mass Gathering Restricted Hours of Operation. A. No Outdoor Mass Gathering or Extended Mass Gathering shall be conducted, including set-up, placement, storage, staging, removal or similar action of any equipment, materials, structures, vehicles, supplies and so forth, in the unincorporated areas of the County within 1,000 feet of any residence between the hours of 12:01 a.m. and 9:00 a.m. and in all other areas between the hours of 2:00 a.m. and 9:00 a.m. B. If written consents for the Outdoor Mass Gathering or Extended Mass Gathering from neighboring property owners and residents are submitted with the application, the Hearings Body may modify these hours in the permit. C. The use of amplification for the Outdoor Mass Gathering or Extended Mass Gathering shall be regulated so that it will not interfere with the normal use of any school, church, residence or other permanent place of human habitation unless prior written consent is obtained from all affected persons. A sound level in excess of 70 decibels prior to 10:00 p.m. and in excess of 50 decibels after 10:00 p.m. (as measured upon the A scale of a standard sound level meter on affected property) shall constitute interference. The proposed OMG dates are June 16 — 26, 2018, which includes set-up and removal of equipment, structures, and similar materials used for the festival. The actual music festival will take place primarily from June 21 — 24, 2018. The applicant indicates that the festival will occur during the approved hours and amplification will not be used in a manner that would violate sound standards of this section (a sound level in excess of 70 decibels prior to 10:00 p.m.). Specific 2018 festival dates and hours are as follows: Saturday, June 16 9:00 a.m. — Preparation of site will begin (Some volunteers, staff, and security will be staying/camping on the property from June 16 — 26) Thursday. June 21 8:00 a.m. to 10:00 p.m. — Gates open 10:00 a.m. — Early bird camping begins 5:00 p.m. to 10:00 p.m. — Music festival File No.: 247-17-000732-OMG Page 13 of 17 Friday. June 22 8:00 a.m. to 10:00 p.m. — Gates open 8:00 a.m. — Yoga and kids activities begin (no music) 10:00 a.m. to 10:00 p.m. — Music festival 10:00 p.m. to 11:59 p.m. — Music festival in side tent only Saturday, June 23 12:00 a.m. to 1:45 a.m. — "Silent disco" (use of headphones) in side tent 8:00 a.m. to 10:00 p.m. — Gates open 10:00 a.m. to 10:00 p.m. — Music festival 10:00 p.m. to 11:59 p.m. — Music festival in side tent only Sunday. June 24 12:00 a.m. to 1:45 a.m. — "Silent disco" (use of headphones) in side tent 8:00 a.m. to 10:00 p.m. — Gates open 10:00 a.m. to 7:00 p.m. — Music festival Throughout the day, camping patrons will depart and volunteers will begin to take down and clean up Monday. June 25 to Tuesday. June 26 Break down of equipment and site clean-up. All event activities will conclude by end of day on June 26 The proposed festival includes two sessions outside the allowable hours of operation: a "silent disco" and "yoga and kids activities." The late night "silent disco" in the side tent, as shown in the schedule, consists of people dancing to music listened to on wireless headphones rather than a speaker system. For those people without headphones, the music cannot be heard. The silent disco is scheduled from 12:01 a.m. to 1:45 a.m. According to the schedule, the "yoga and kids activities" occurs on Friday morning beginning at 8:00 a.m. Based on section (A) above, an OMG shall not occur between the hours of 12:01 a.m. and 9:00 a.m. when within 1,000 feet of any residence. However, if written consent from the neighboring property owners and residents are submitted, the Board may modify these hours. Several residences are located close to the event venue. One residence — 60700 Heidi Lane — is approximately 650 feet from the venue and another — 21091 Knott Road — is approximately 1,000 feet. Several other residences are just beyond 1,000 feet. In consideration of residential impacts, the applicant is proposing design layout changes from the 2017 festival. The applicant did not provide written consent from neighboring property owners and residents, however. For the 2018 festival, one change includes locating camping and parking further west — at least 200 feet — from the eastern property boundary then what was proposed for the 2017 festival. In addition, the "side tent" stage, which is the late night music venue, will face away (west) from the neighbors located to the east. As indicated above, the music that may be audible to neighboring residents will end at midnight. For this aspect of the proposal, staff recommends conditioning final approval that the music festival does not occur between the hours of 12:01 a.m. and 9:00 a.m., and thus requiring the late night music venue to cease at 12:00 a.m. In addition, staff recommends it be a condition of final approval that the sound level not exceed 70 decibels prior to and 50 decibels after 10:00 p.m., as noted in this section. File No.: 247-17-000732-OMG Page 14 of 17 Although the "silent disco" could have the appearance not to interfere with normal residential use because amplification or the level of noise produced will be minimal or nonexistent, staff finds the "silent disco" is part of the OMG permit. In addition, staff finds the yoga and kids activities part of the OMG permit. Therefore, these two sessions are permitted to occur between the hours of 12:01 a.m. and 9:00 a.m. Moreover, the applicant did not submit written consent from neighboring property owners and residents, which would allow the festival to occur after 12:01 a.m. Notwithstanding this information, however, the Board has discretion to waive permit requirements upon showing good cause by the organizer (DCC 8.16.150). Hours of Operation — Recommended Conditions of Final Aooroval: • All debris will be removed within 72 hours after the event termination. All temporary structures shall be removed within 3 weeks of event termination. • The amplified music shall meet the requirements of DCC 8.16.290. A sound level in excess of 70 decibels prior to 10:00 p.m. and in excess of 50 decibels after 10:00 p.m. (as measured upon the A scale of a standard sound level meter on affected property) shall constitute a violation of the Deschutes County Code. • The Outdoor Mass Gathering shall not be conducted, including set-up, placement, storage, staging, removal or similar action of any equipment, materials, structures, vehicles, supplies and so forth, in the unincorporated areas of the County within 1,000 feet of any residence between the hours of 12:01 a.m. and 9:00 a.m. The proposed late night music venue shall end at 12:00 a.m. 10. Section 8.16.300. Outdoor Mass Gatherina and Extended Outdoor Mass Gathering Enforcement. A. The Organizer shall provide a contact person who shall be easily identified and who shall remain at the Outdoor Mass Gathering or Extended Outdoor Mass Gathering site at all times. B. If any Organizer of an Outdoor Mass Gathering or Extended Outdoor Mass Gathering violates any provisions of this chapter, the Board, County Administrator, County Engineer, or Sheriff may immediately suspend, revoke or terminate any permit for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering and may seek any legal remedy available. C. The Outdoor Mass Gathering or Extended Mass Gathering Organizer shall keep a reasonable count of persons and vehicles entering and leaving the Outdoor Mass Gathering or Extended Outdoor Mass Gathering. D. If at any time during the Outdoor Mass Gathering or Extended Outdoor Mass Gathering held under a valid permit, the number of persons or vehicles attending the Outdoor Mass Gathering or Extended Outdoor Mass Gathering exceeds by 10 percent or more the number of persons or vehicles estimated in the permit application, the Sheriff, or any of his deputies, has the authority to require the Organizer to limit further admissions until a sufficient number of individuals or vehicles have left the site to bring the actual attendance down to the number estimated by the Organizer. E. For any Outdoor Mass Gathering or Extended Outdoor Mass Gathering held under a valid permit, the County Sheriff has the authority to order the crowd to disperse and leave the Outdoor Mass Gathering or Extended Outdoor Mass Gathering site if the Organizer cannot maintain order and compliance with all applicable State and local laws or refuses to maintain order and compliance with State and local laws or refuses or is unable to adhere to the terms and conditions of the permit. File No.: 247-17-000732-OMG Page 15 of 17 F. In addition to State law provisions in ORS Chapter 433, including ORS 433.990(7), the County Counsel, or District Attorney for Deschutes County may maintain an action in any court of general jurisdiction to restrain, or enjoin any violation of ORS 433.745. Cases filed in Deschutes County under this section or under ORS 433.770 shall be given preference on the docket to all other civil cases except those given equal preference by statute. G. If persons remain on the site after the scheduled end of the permitted Outdoor Mass Gathering or Extended Mass Gathering, fail to remove all debris or residue within 72 hours after termination of or fails to remove all temporary structures within three weeks after the termination of the Outdoor Mass Gathering or Extended Outdoor Mass Gathering, the County code enforcement officers may issue citations to the Organizer, the landowner, all persons remaining at the site, and to all persons who have left debris behind. H. The Outdoor Mass Gathering or Extended Mass Gathering Organizer shall be wholly responsible for payment of any fines imposed under this Chapter or ORS 433. L In addition to any other remedies provided, if the Outdoor Mass Gathering or Extended Outdoor Mass Gathering site is not restored to its previous condition, or better, the County may arrange for clean up of the site, and then file an action for damages against the Organizer and the landowner or successor landowner. The designated contact person for the OMG is Stacy Totland, (541) 350-6474, of 4 Peaks Presents, LLC. In addition, Jef Hinkle, (541) 977-3266, will be the site manager and Donal Liebermann, (541) 693-3797, will be the security manager. Ms. Totland will be on-site during the entire festival. Enforcement — Recommended Conditions of Final Approval: • The burden of preserving order of the proposed OMG shall be with 4 Peaks Presents, LLC. • The applicant shall keep reasonable counts of persons and vehicles entering the festival. • The estimated number of persons attending the OMG is less than 3,000 (max 2,999). The number of attendees shall not exceed the estimated attendance by 10 percent. Therefore, the total number of attendees including musicians, vendors, staff, patrons, and security shall not exceed 3,299. • Security will be in place at all times. • All debris will be removed within 72 hours after the termination of the OMG. All temporary structures shall be removed within 3 weeks of termination. 11. Section 8.16.310. Outdoor Mass Gatherina and Extended Outdoor Mass Gathering Intoxicating Liquor Prohibition. A. No Organizer, landowner nor any person having charge or control thereof at any time when an Outdoor Mass Gathering or Extended Outdoor Mass Gathering is being conducted shall permit any person to bring into such Outdoor Mass Gathering or Extended Outdoor Mass Gathering or upon the premises thereof, any intoxicating liquor, nor permit intoxicating liquor to be consumed on the premises, and no person during such time shall take or carry onto such premises or drink thereon intoxicating liquor. B. In accordance with ORS 670.220(5)(a), this provision shall not apply to the sale and consumption of intoxicating liquor from a facility located on the premises of an Outdoor Mass Gathering or Extended Outdoor Mass Gathering when licensed by the State. File No.: 247-17-000732-OMG Page 16 of 17 No person shall be permitted to bring alcohol onto the premises. This shall not apply to the sale and consumption of alcohol from a State of Oregon licensed facility located on the premise. Staff recommends this be a condition of final approval. Liquor Prohibition — Recommended Conditions of Final Approval: • No person shall be permitted to bring alcohol onto the premises. This shall not apply to the sale and consumption of alcohol from a State of Oregon licensed facility located on the premise. 12. Section 8.16.320. Narcotic and Dangerous Druas Prohibited at Outdoor Mass Gatherings or Extended Mass Gatherings. No firm, person, society, association or corporation conducting an Outdoor Mass Gathering or Extended Mass Gathering, nor any person having charge or control thereof at any time when an Outdoor Mass Gathering or Extended Mass Gathering is being conducted shall permit any person to bring into such Outdoor Mass Gathering or Extended Mass Gathering, or upon the premises thereof, any narcotic or dangerous drug, nor permit narcotic or dangerous drugs to be used on the premises. No person shall be permitted to bring onto the premises any narcotic or dangerous drug, nor will it be permitted to use narcotic or dangerous drugs on the premises. Staff recommends this be a condition of final approval. Enforcement — Recommended Conditions of Final Approval: • No narcotic or illegal/dangerous drug use will be permitted at the premises. CONCLUSION Staff believes that 4 Peaks Presents, LLC has met or can meet through conditions of approval the approval criteria outlined in Chapter 8.16 for OMGs. NEXT STEPS At the conclusion of the hearing, the Board can choose one of the following options: 1. Continue the hearing to a date certain. 2. Close the hearing and begin deliberation. Attachments A. 247-17-000732-OMG Application Materials and Supplemental Information B. Agency Comments C. Public Comments D. Board December 19, 2016 Meeting Minutes E. Board June 21, 2017 Meeting Minutes F. Draft OMG permit, Document No. 2017-652 G. Staff Hearing PowerPoint File No.: 247-17-000732-OMG Page 17 of 17 PLEASE PRINT Applicant/Organizer: Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co,deschutes.or.us/cdd/ OUTDOOR MASS GATHERING APPLICATION LI feas PieserytsLLC Mailing Address: 1L11\ AA-) Property Description: Township tig Range 2- Address: Z\ 0S S 3E 00-i-1 rad Estimated Attendance: 2_7 00 F E E 074 5T) Phone: (541 ) 8-7-- ehril City/State/Zip: FrIVA oe Section224Y Tax Lot 18 Z 2 Z. 0000 .1 0 0 City/State/Zip: Beffi oe 97-70d., Date and Time of Gathering: j'unc..., 21 -21 Description of Type of Gathering/Purpose (i.e., music, art, etc.) ./\ 1 Y 10 14, (\ (,UJ . - _ly y) 1 1 i or 1 c co c(A , 1 _ Air c. jiLil ,-Iv“ , 4..wd,N, -...CVYA ')-("A l'- a IQ (> \ G t- CS +1 V(.: V) 1 - - - • - C `-- ') - ' .. Contact person who will be available onsite during gathering: Name: .7::,) "}-0.(,..-ki -1 ult° 10.4 -NC Phone: (n) . 6c) - VOL I Email: 6 ) (.,k ( ki el, 1,1 i.ic ov..51,,,,,,,,;,:i,•,c ,e -a„, 1 AGENCY APPROVALS: Please have the following agencies/departments review your proposal before submitting this application. Signatures: ENVIRONMENTAL HEALTH DIVISION (indicates approval of sanitary facilities in accordance with 8.16.220) FIRE PROTECTION DISTRICT OR STATE FIRE MARSHAL (indicates approval of fire protection devices on-site, in accordance with 8.16.230) COUNTY HEALTH DEPARTMENT (indicates approval of medical service, in accordance with 8.16.240) DESCHUTES COUNTY SHERIFF (indicates approval of a public safety plan and parking plan in accordance with 8.16.250 and 8.16.260, respectively) On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following items. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided: a. Toilets b. Washing facilities c. Water supply Applicant's Signature: .)'7(.('Yiv-vr 9 Date: - '7 Property Owner's Signature (if different)*: ,Date: Agent's Name (if applicable): Phone: ( ) Mailing Address: )1-111 (AleYi- t4.111S A k..42 . City/State/Zip: BUY:A Oe *If this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete; and if the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. (Rev. 6/14) 11 d. Food preparation and/or food service e. Solid waste collection FV [0 z 9 z017 _ Community DevelopmentPeOartnicint Planning Division Building Safety Division Environin joIr * ion - P.0 Box 6005 117 NW Lafayette Avenue Bend. Oregon 977084005 (541)388-6575 FAX (541)385-1 Ysa 4 ilttp://1,v ve . CO AeSCtni te.S .01',1 OUTDOOR MASS GATHERING APPLICATION PLEASE' PRINT Applicant/Organizer: Feay„ s Ptc. - Mailing Addressitii‘ '013 Yr I Property Description: Township Range Adori,..ss. 21 c f -f..sE lz C16 +1 1Z -CI Estimated Attendance: 2-7 0 0 FEE: S(' Phone: (51-11 ) 352 Kt:7)(24 cityistatetzip: (- ci -?-7(.. Section Tax Lot 18 tz zz. 0000\00 City/State/Zip: i?..)erY 7 7Y Date and Time of Gathering: ,7:5-0...;r1e... Z. I - f4, Description of Type of Gathering/Purpose (Le.. music, art. etc.) A I-00 it; (ic.u1 %re) t,..- ; t CteNO. h)1Y, (VIA efl.JSIc (..--,c,plact person who will be available onsite during gathering: Name _la) _CAL ki Phone; (511) ) 3 50 • Le- -/Ll Email: SL11-k 2c,t t‘iCkl AGENCY APPROVALS: Please have the following agencies/departments review your proposal before submitting this application. Signatures: ENVIRONMENTAL HEALTH DIVISION (indicates approval of sanitary facilities in accordance with 8,16 220)' FRE PROTECTION DISTRICT OR STATE FIRE MARSHAL (indicates approval of tire protection devices on-site. in accordance with 816.230) COUNTY HEALTH DEPARTMENT (indicates approval of medical service, in accordance with 8.18 240) DESCHUTES COUNTY SHERIFF (indicates approval of a public safety plan and parking pian accordance with 8.16.250 and 8.16.260, respectively) a separate sheet, please provide a plot plan showing the types, numbers and locations of the following items It color nibs are submitted, black and white copies with captions or shading delineating the color areas shall also he provided. a. Toilets b Washing facilities c Water supply Applicant's Siguature. Proprly Owners Signature (if different): e it's Name (if applicable): Aociress: )4-111_ Aitaj wesi H.,m A u" d. Food preparation and/or food service e. Solid waste collection Date' 2 -7 - 1 Date: Phone: ( _ j City/State/Zip. Berm( I (.,+ Cfj70. 'if this application Is not signed by the property owner, a letter authorizing signature by the applicant must be attached, 13y thin application, the applicant understands and agrees that Deschutes County may require a deposit for hearings urricers' lees odor to the application being deemed complete; and If the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the he-arings officer, (Rev. 6.114) 11 Appilcation '18 jpeg Community Development Department Planning Division Sunda* gates Division Environmental Sofia Division P.O Boz 6005 117 NW Lafayette Avenue Bend. Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co,deschutes.or,us/cdd/ OUTDOOR MASS GATHERING APPLICATION PLEASE PRINT Applicant/Organizer. ti Peat s (e. S e n t5 Mailing Address: 1y fl An.) u4 4- 1-51.11 S Property Description: Township Range Section Address: Z 1 O $ 5 SE 1z 110-1-1 11.Ci • LL G FEE: Phone: (5 41 1 3 k2.-- eh& y City/State2ip: gear, 9 7 7(2. j Tax Lot 18 {222 0000lOC� City/State/Zip: P>e Y 1 UQ 9 7 7U oX Page 1 of 1 Estimated Attendance: 2-7 O0 Date and Time of Gathering: 5uflt ZI - ZN '^ 20 I L_ Description of Type of Gathering/Purpose (i.e., music, art, etc.) A I t h) 1 ►, r lc.IL( 47e107, I C2`4 "it e`4A , C eti t11?i1 ! itltC 4�Y e.i a �_� tirliE ��`k''' "'t ilj� Qrv. ":S? r r 1.11v Sit, 1 .e.5 t +\1CA Contact person who will be available onsite during gathering: Name: S •' -GIGI4 Tt» C& •CI Phone: 4111 3 60•t4"7'"J Email: (ALI CP i pt a rc s fnos, AGENCY APPROVALS: Please have the taming agenciesIdepartrneets review your proposal before submitting This application. Signatures: ENVIRONMENTAL HEALTH DIVISION (indicates Approval of sanitary facilities In accordance with 8 16 2201 FIRE PROTECTION DISTRICT OR STATE FIRE MAHSHAI (indicates approval of fire protection duvicos on-site, In accordance with 8.16.230) HEALTH RTMENT e approval of medical service, in accordance with 8 16 240) ?-JJ--- �P fii __/ 6'>`tf . Ut )CHUTt:S COUNTY (rndicales approval or n public safety plan and parking plan in accordance with 8.16.250 end 8.16.260, respectively) On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following Items. If color exhibits am submitted, black and white cozies with captions or shading delineating the color areas shall also be provided: a. Toilets b, Washing facilities c. Water supply Applicant's Signature - i�i . �y 43" tf : g:Y Property Owner's Signature (If different)' Date' Agents Name (If applicable): Phone: ( Mailing Address: )1-111 Jtii.J lniQS} 144!111 A d. Food preparation and/or food service e. Solid waste collection Date ' 27- 1 1 City/State/Zip: P,er d og. 9170 'If thls application is not signed by the property owner, a letter authorising signature by the applicant must be attached. By signing thin application, the applicant undoratanda and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete; and If the application Is hoard by a heating, Weer. the applicant will bo rosponalblo for the actual coats of the hearings officer. (Rev. 6/14) 11 &iv https://mail.google.cotn/_/scs/mail-static/ /js/k=gmail.main.en.EaIL6uzd19M.o/m=pds,pol... 10/4/2017 Community Development Department Planning Division Building Safety Division Environmental Sods Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ OUTDOOR MASS GATHERING APPLICATION FEE. L (n i C) PLEASE PRINT Applicant/Organizer: t ;)Q (.t\C <; } ( r S(' & vi7.5 L. L C - Phone: P;11 ) .46 2. sC)( Mailing Address: ,t7L..•.) l .�fs� 1 1:1,\ \� /1 Lr City/State/Zip: .! Vr1,7(.l Lie_. 0-) 703 Property Description: Township (rCci Range 1 �Z Section 'Z Z Tax Lot i S' 1 2 2 2, ('i( ) Address: L 1 ' `, -)1 (C +Il( 1 i (' 1 4. City/State/Zip: '(iC,'11,i. 612 % /) O oL Estimated Attendance: ,%- 700 Date and Time of Gathering: : 11,k. 2-j - ?Li , 2-01 & Description of Type of Gathering/Purpose (Le., music, art, etc.) ..' i 1'A , t 11 **14-,,,t(.. (,,t•..,11i riv r','� 1 i r \;?1 1� 'fi L \` /+ IVU'( 1Cf!!`��.� j'00( `Z )(Mr t1\\)', i 1 C �i�,}(-�.1 Contact person who will be available onsite during gathering: Name: iri t f 1 b 1 \ OVIdk, Phone: (e.;11 \) .L) -. (D1I) - ( Email: S-1-Ci(.Ki (9i11) f'.(;iii-SP1\$I C,.( AGENCY APPROVALS: Please have the following agencies/departments review your proposal before submitting this application. / / Signatures: vL' i+�t"''°- t 11 d Coq frit .$ &owt �i UP ....1#411.5 00.,4 £e -J 44{414.C' lZ�clid41) ENVIRONMENTAL HEALTH DIVISION (indicates approval of sanitary facilities in accordan`6e with 8.16.'220)) FIRE PROTECTION DISTRICT OR STATE FIRE MARSHAL (indicates approval of fire protection devices on-site, In acco dance with 8.16.230) Cse.et SSE vd (e- fer ad t ' /14/!�Z COUNTY HEALTH DEPARTMENT (indicates approval of medical service, in bccordance with 8.16.240) DESCHUTES COUNTY SHERIFF (indicates approval of a public safety plan and parking plan in accordance with 8.16.250 and 8,16.260, respectively) On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following items. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided; a. Toilets d. Food preparation and/or food service b. Washing facilities e. Solid waste collection c. Water supply Applicant's Signature: , >'C rt , (.WU) Date: 311 . /1 Property Owner's Signature (if different)`: Date: Agent's Name (if applicable): Phone: ( ) Mailing Address: City/State/Zip: *If thls application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete; and if the application Is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. (Rev. 6/14) 11 PLEASE PRINT Applicant/Organizer: Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cddi OUTDOOR MASS GATHERING APPLICATION 1 /f (:.\t< �; P I c.S(_i l'I3 Mailing Address: \\ A-t,r 01, Property Description: Township Range 1 Section .2 2 Address: 2.o€5'_:, (Z.(' FEE: �/n 7 () Phone: (501) 5C)(,,41 City/State/Zip: '",r , ±f l (! ('.. f I J •7(") = Tax Lot 4 a i222(D((;1()( City/State/Zip: 'I O l (. 0'(1 Estimated Attendance; 2 7()() Date and Time of Gathering: yr U . 2 1 - 2' j , 20) K Description of Type of Gathering/Purpose (Le., music, art, etc.) .'1 i , 1 i 1, ,"�wb\�) Y,4� i��\,(6iyt:r ss. ` /1rv1P`t t(r'Jtl{:, t r�i.� cF 11( YY`. 11111`. (_ Contact person who will be available onsite during ga Name: �7� Ci. f '� r U -1`t cTsiC Phone;thering: l}_,5(a (D'.I)L't Email: t:'‘c.Iitij Ct1R`e01er� C- 1 1 I�ICc. 1 tial[41'1p((t,S(NAvSiG..(( AGENCY APPROVALS: Please have the following agencies/departments review your proposal before submitting this application Signatures: ENVii �ir�►�rM�► srrwarr::.,.. MENT . L ALTH r SION (indi l`s approval of sanitary facilities in accordance with 8.16.220) Ft E Prev EC ii RICT OR on-sit,./,'In accordance with 8.16.2 2'FIRE MARSHAL (indicates approval of fire protection devices COUNTY HEALTH DEPARTMIf"i- (indicates approval of medical service, in accordance with 8.16.240) DESCHUTES COUNTY SHERIFF (indicates approval of a public safety plan and parking plan in accordance with 8.16.250 and 8.16.260, respectively) On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following items. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided: a. Toilets b. Washing facilities c. Water supply 1( Applicant's Signature: ; d. Food preparation and/or food service e. Solid waste collection Date: 21 Property Owner's Signature (if different)*: Date: Agent's Name (if applicable): Phone: ( ) Mailing Address: City/State/Zip: 'if this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete; and if the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. (Rev. 6/14) 11 �f .1 1 To the Deschutes County Commissioners: September 14, 2017 This is to advise that I have Spoken with Stacy Totland, Owner of 4 Peaks Presents LLC regarding her request for an ambulance variance for a mass gathering event to be held at 21085 NE Knott Road, Bend OR 97702 on June 21 -24th, 2018. I believe, given the staff and equipment she will have available, which according to her application, includes Adventure Medics, for this event, it would not be necessary to have an ambulance present at this event. Requesting an ambulance through Deschutes County 911, would, in my opinion, be sufficient. I did request that an AED be Present in the first aid tent and she willingly complied, and has had one on site for the last 4 years. If you have any questions or concerns, please feel free to contact me. Thanks you for your consideration on these matters. Sincerely, Steve O'Malley`m Deputy Chief EMS Ope tions Bend Fire and Res ,pe" 541-388-6387 SIN4,OMICOM' MUSIC FESTIVAL August 31, 2017 To The Fire Department and Steve O'Malley: 4 Peaks Presents LLC, now in its 11th year, is once again submitting a permit for our annual festival to be held on the Stevenson Ranch June 21-24, 2018. We submitted our application to the County Planning Department August 30th, 2018. The documents now require signatures from your department. Please look over the material and sign where appropriate. Please contact Cynthia Schmidt at (Cynthia.Smidt@deschutes.og or 541-388- 6575) if you have any questions about the process, as an expedited county hearing helps ensure a successful event! Thank you for your continued cooperation with this process and we look forward to working with you again in 2018. Warm Regards, Stacy Totland Stacy Totland Owner, 4 Peaks Presents www.4peaksmusic.com stacy@4peaksmusic.com c. 541.350.6474 h. 541.382.8064 4 Peaks Music Festival 2018 Permit application Table of Contents 4 Peaks 2018 Narrative Exhibit A — Legal description of subject property Exhibit B — Site location map Exhibit C1 — Site map with satellite image and key Exhibit C2 -- Site map Exhibit C3 — venue map Exhibit C4 — Sidestage tent and Garden map Exhibit D — Medical service plan Exhibit E — Public safety traffic and Crowed control plan Exhibit F — Environmental Health plan Exhibit A Location and legal description of the subject property where 4 Peaks Music Festival is to be held on June 21" thru 24th of 2018 Mailing Name: D M STEVENSON RANCH L L C Map and Tax lot: 1812220000100 Account: 110399 Situs Address: 21085 KNOTT RD, BEND, OR 97702 Tax Status: Assessable Exhibit B 4 Peaks Site location D M STEVENSON RANCH L L C 21085 KNOTT RD, BEND, OR 97702 Deschutes County Property Information - Dial Overview Map ,...'• i..... r ....F ,...i., ,,,,. . ''..',. ..) 4.1.1 BEND Map and Tludot: 1812220000100 4 Peaks 2018 OMG Application Narrative 4 Peaks LI .0 shall comply with all applicable ordinances and provisions pertaining to this Outdoor Mass Gat her ing permit. This year's event is scheduled to take place on June 215', 22°d 23`d, and 24'1', of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 26th 2018. Site shall be restored to pre -event conditions when 4 Peaks LCC relinquishes premises back to owner. Chapter 8.16. EVENTS, PARADES, FUNERAL PROCESSIONS AND OUTDOOR MASS GATHERINGS 8.16.150. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Exclusions. A. The requirements in this chapter for Outdoor Mass Gatherings and Extended Outdoor Mass Gatherings shall not apply to any regularly scheduled religious service, regularly organized and supervised school district activity or program that takes place on school property, any activities at the Deschutes County Fairgrounds, or to any activity of a municipal corporation or government agency. Response: 4 Peaks LLC is aware that the provisions of this section apply to the permit request. B. The Board may waive the permit requirements for certain limited Outdoor Mass Gatherings and Extended Outdoor Mass Gatherings upon a showing by the Organizer of good cause, when no significant public health, safety or welfare issues are involved and when the Board determines that no County law enforcement or other County services are necessary. Response: As discussed in greater detail below, 4 Peaks LLC is requesting that the Board modify the requirement to provide an on-site ambulance (compliance with DCC 8.16.240.). C. The Board may waive part or all of the permit fee for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering upon a showing by the Organizer of good cause to reduce or waive the fee Response: 4 Peaks LLC is not requesting a waiver of the permit fee. 8.16.160. Outdoor Mass Gathering or Extended Outdoor Mass Gathering Permit Required. The following responds to the general permit applicatlion requirements. A. No Organizer shall hold, conduct, advertise or otherwise promote an Outdoor Mass Gathering or Extended Outdoor Mass Gathering or allow an Outdoor Mass Gathering or Extended Outdoor Mass Gathering to be held on real property the Organizer owns, leases or possesses outside the limits of any city unless the Organizer obtains a permit to hold such an Outdoor Mass Gathering or Extended Mass Gathering. Response: By submitting this application, the applicant has demonstrated that it will not proceed with the Outdoor Mass Gathering until a permit is issued by the County. We do, however, request to be able to advertise the events location, bands, news and exciting things happening this year, without selling tickets to the event prior to the permit being approved. {00215247;2} B. No permit for an Outdoor Mass Gathering or Extended Mass Gathering shall be issued unless the landowner of the property that is the site of the Outdoor Mass Gathering or Extended Outdoor Mass Gathering also signs the application. Response: As shown on the application form, the property owner has signed the application. C. All Outdoor Mass Gatherings as defined in this Chapter are exempt from the requirements of Deschutes County Code Titles 17 through 23, except where noted. Response: The applicant is aware that the cited provisions will not apply to this application. D. One permit shall be required for each Outdoor Mass Gathering or Extended Mass Gathering. Response: Only one mass gathering permit is requested because only one event will be held. E. A permit issued under this section does not entitle the Outdoor Mass Gathering or Extended Mass Gathering Organizer to construct any permanent physical alterations to or on the real property which is the site of the Outdoor Mass Gathering or Extended Mass Gathering. Response: No permanent physical alterations will be made to the property. All improvements are temporary and will be removed at the end of the event. F. The Organizer of a proposed Outdoor Mass Gathering or Extended Outdoor Mass Gathering shall file an application with the Department more than 90 days prior to the Outdoor Mass Gathering or Extended Mass Gathering. Response: The event is planned for June 21'` thru 24th, of 2018 consequently, the applicant has met the 90 -day filing deadline. G. The application shall include the following: 1. Name and address of the Organizer. Response: The application form includes the name and address of the applicant, 4 Peaks Presents, LLC. 2. Legal description of the location of the proposed Outdoor Mass Gathering or Extended Mass Gathering. Response: A copy of the legal description of the subject property, as disclosed by the most recent property tax statement, is attached as Exhibit A. 3. A map of the Outdoor Mass Gathering or Extended Outdoor Mass Gathering desired route, including assembling and disbanding points. Response: A copy of the map of the event, including the desired route to the property and the relevant operational locations is attached as Exhibit B. 4. The date or dates of the proposed Outdoor Mass Gathering or Extended Mass Gathering. Response: As discussed above, the proposed dates of the event are June 21-24, with set up and take down of the event expected to begin on June 16th, 2016 and end on June 26th 2018 5. The proposed starting and ending time(s) of the Outdoor Mass Gathering or Extended Outdoor Mass Gathering. Response: Due to the extensive linguistic and mobilization of set up It will be necessary to have access to sit prior to June 16th for deliveries and site prep (removing rocks, brush, and grooming the {00215247;2} grounds). Site prep crews will not exceed 12 persons on site prior to June ldth. Work will be conducted between the hours of 8:00 um and 6:00 pm. Dates for site prep TBD. Construction of temporary structures will not begin until June 16th There will be a numbof volunteers, staff and security stayon site to preform set up/take down between June 16mand 26m 3018. Set up will begin no earlier than 8i0 am on June 16, 2018, with take down being completed oolater than 6:0OpmonJune 26~20|8. On June 21th, The eritry gates will be open no earlierthan 8:00 am. The music will begin at 5:00 pm and end at 10:OOpo. On June 22; Gates will be open from 8:00 am till 10:00 pm Music will begin rio earlicr than 10:00 am (with Yoga and kids activities at 8am). The main stage will shut down at 10:00 pm and the side stage will continue till 12/30 pm at which tirne we will hegin broadcastofa silent disco througli headphones bar closes at 1:45 am. On June 23; Gates wili be open from 8:00 am till 10:00 pm Music will begin rio earlier than 10:00 am. The main stage will shut down at 10:00 pm and the side stage will continue till 12:00 pm at which time we will begin broadcast of a silent disco through headphones till bar closes at |:45nm. 0nJune 24th;Gates will hoopen from 8:0Omntill )O:00pin Music wili begin no eariier than )O:00am. The main stage will shut down at 5:00 pm and the side stage wifl continue tili 7:00 pm. The patrons will be leaving and crews will begin take down and clean up on June 24th, 2017. There will be a limited number of people camping overnight on June 24th to continue clean up the next day. Campground will open at 10:00 pm on June 2\"' for early bird camping arrivals and iarge RV's to help ease traffic and parking congestion 6. The estimated numbeof persoris, vehicles and animais that will be attending, participating in or viewing the Outdoor Mass Gathering or Extended Mass Gatherin. Response: We are holding the ticket sales to 2500, which will include comp tickets which we give away to special guests. That leaves room for 499 people before going over the allotted 3000. These 499 will include Vendors and vendor staff (apm. 50), sound and video crews (aprx. 40), Volunteers (aprx.250) and bands which will be coming and going as scheduled and will not all be on site at one time. So if we do make our goal of a 2500 ticket sell out we will still have less than 2999 in attendance on site at one time. 7. Nature ufthe proposed Outdoor Mass Gathering or Extended Mass Gathering. Response: The event will ho,family friendly music festival, with local and national touring acts scheduled to play. Local craft 6ovurageo, artisans and food vendors will be on site all weekend Overnight camping is availahle on site. 8. A sketch, and other detailed information showing the type, number and location of all toilets, washing facilities, water supply, food preparation, food service facilities and solid waste collection locations. Response: Exhibits Cl'C2,[3 and C4 are maps of the festival site showing all components of the 9. The name and phone number of the contact person who shall be easily identified and who shall remain at the Outdoor Mass Gathering or Extended Outdoor Mass Gathering site at all times. Response: The names and contact information of the primary contact person is: Stacy Totland, Event Promoter — (541) 350-6474 Jef Hinkle, Site Manager — (541) 977-3266 Donal Liebermann, Security — (541) 693-3797 10. A sketch, and other detailed information showing the type, number and location of all toilets, washing facilities, water supply, food preparation, food service facilities and solid waste collection locations. Response: Exhibits CI, C2, C3 and C4 are maps of the festival site showing all components of the event. 4 Peaks LLC. will have on reserve 45 standard toilets 7 ADA compliant toilets and 14 hand washing facilities for event. We intend to provide I toilet to 50 attendees. This is twice the number required by the county. Final numbers on site will be determined by total ticket sales. Water supply is provided by Private well and will be available in the locations shown on the map attached as Exhibit C3. Food service will be provided by a variety of licensed food carts and will be concentrated in the area shown on Exhibit C2 and C3. Solid waste collection sites will be in areas shown on Exhibit C2. 11. Approval by the appropriate Fire District Officer or State Fire Marshall in accordance with DCC 8.16.230. Response: Approval has not been obtained at the time of filing of this application. However, the applicant fully anticipates that such approval will be in place by the time the permit is approved 12. A medical services plan demonstrating compliance with DCC 8.16.240. Response: Attached as Exhibit D is the medical services plan. 4 Peaks LLC. Is once again requesting a waiver As approved last year from DCC 8.16 .240(b) which requires the event to have one ambulance on site. No waiver is sought for the first aid station and proposed aid station is in full compliance with DCC 8.16.240. We also will have an AED Device and a full medically trained staff on site at the medical tent in the unlikely event that it will be needed. Under DCC 8.16.150(B), the Board may waive any standards upon a showing of good cause, and when the request does not involve any significant public health, safety or welfare issues involved, and when the Board determines that no law enforcement or other County services are involved. The primary reason that a waiver is being requested is that We are submitting a recommendation from Steve O'Malley, Deputy Chief of EMS for Bend Fire and Rescue, stating that it would be reasonable for an ambulance provided through Deschutes County 911 to provide EMS services to the patrons of 4 Peaks Music Festival given the level of medical service that has been represented to him. We also will have an AED Device on site at the fully staffed medical facility with the proper level of medical support, in the unlikely event that it will be needed. The Bend Fire Station, #303 is located 2 miles away at 61080 Country Club Dr, Bend, OR 97702. 13. A public safety plan in accordance with DCC 8.16.120. Response: Attached as Exhibit E, is the public safety plan which demonstrates compliance with DCC 8.16.120. 14. A parking plan demonstrating compliance with DCC 8,16.250. {00215247;2} Response: Attached as Exhibit C2 is the parking plan which demonstrates compliance with DCC 8.16.120. 15. A copy of the proposed participant entry form for the Outdoor Mass Gathering or Extended Mass Gathering, including a release agreement releasing Deschutes County, its officers, agents, employees or volunteers from liability for any or all injuries. Response: No entry form is proposed; however, the applicant will sign the waiver and release agreement when provided by the County. 16. A signed indemnity agreement on a form provided by the County. Response: the applicant will sign the waiver and release agreement when provided by the County. 17. Such other appropriate information as the Director or Board may require in order to insure compliance with the provisions of this chapter, as well as rules of the Oregon Department of Human Services Response: No additional information has been requested. H. Any application for an Outdoor Mass Gathering or Extended Mass Gathering lacking any requirement of DCC 8.16.160(G) shall, unless waived by the Board, be deemed incomplete and the permit shall be denied except that, if additional information requested pursuant to DCC 8.16.030(G)(17) is not supplied within two weeks of the Board's request, the application shall be deemed incomplete and the permit shall be denied. Response: The applicant believes that all required information has been provided and will, at the request of the County, supply any missing information. I. The application for an Outdoor Mass Gathering and Extended Outdoor Mass Gathering shall be accompanied by the appropriate fee pursuant to the County fee schedule. Response: Included with this application is the fee required by the County. J. Incomplete applications shall be denied and the application fee, less County costs, shalt be returned to the permit applicant. Response: The applicant believes that all required information has been provided and will, at the request of the County, supply any missing information. K. The Director shall furnish a copy of the Outdoor Mass Gathering or Extended Mass Gathering permit to the Sheriff and to any other jurisdiction in which the Outdoor Mass Gathering or Extended Mass Gathering takes place. Response: The applicant believes that this is an obligation of the County. L. If the application is submitted fewer than 90 days prior to the event and the Board accepts the application, the processing fee shall be double. Response: The applicant has filed this application outside the 90 -day period. 8.16.170. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Hearing Required. Response: 4 Peaks LLC is aware that a public hearing will be held for this request. Because the event is not an Extended Mass Gathering, no hearing before the Planning Commission is required. {00215247;2} 8.16.180. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Departmental and Agency Notice. Response: The applicant believes that the requirements of this section are an obligation of the County. 8.16.190. Outdoor Mass Gathering and Extended Outdoor Mass Gathering General Approval Criteria. A. An Outdoor Mass Gathering or Extended Mass Gathering permit shall be approved upon demonstration by the Organizer of compliance with or the ability to comply the provisions of this chapter, as well as all health and safety rules governing all Outdoor Mass Gatherings, Extended or otherwise, adopted by the Oregon Department of Human Services. Response: As shown in this application and the supporting documentation, as well as a ten year track record, the applicant has demonstrated that it meets or exceeds all applicable standards for the event and requests approval from the County. B. Each public official receiving notice of the application for an Outdoor Mass Gathering or Extended Mass Gathering permit who wishes to comment on the application shall submit such comment in writing to the Hearings Body no later than the date and time for the hearing. Response: The applicant believes that the requirements of this section are an obligation of the County or those wishing to comment on the application. C. The comment from any public official regarding an Outdoor Mass Gathering or Extended Mass Gathering permit may include recommendations related to the official functions of the officer as to granting the permit and any recommended conditions that should be imposed. Response: The applicant believes that the requirements of this section are an obligation of the County or those wishing to comment on the application. D. The Hearings Body shall consider the imposition of any suggested conditions submitted by public officials who received notice of the proposed Outdoor Mass Gathering or Extended Mass Gathering. Response: The applicant believes that the requirements of this section are an obligation of the County. E. The Hearings Body may consider and impose any reasonable condition on a permit for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering recommended that is submitted at or prior to the public hearing by a member of the public or public official. Response: The applicant believes that the requirements of this section are an obligation of the County. 8.16.210. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Insurance. Response: 4 Peaks intends to obtain a special event insurance policy that will: Pr ovide general liability of 5,000,000 Cover against liability for injury or disability of any human, or for damage of property arising out of this outdoor mass gathering event (00215247;2} Page 1 of 3 4 Peaks Music Festival 2018 Exhibit D 8/30/2017 Community Development Department 117 NW Lafayette Ave. Bend, OR 97701-1925 (541)388-6575 ATTN: Health Department Re; 4 Peaks Outdoor Mass Gathering Application Medical Service Plan 4 Peaks festival 2016 will take place on June 21st, 22"d, 23rd, and 24th, of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Expected attendance is 3000 persons on site in the event the festival is sold out. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 20th 2017 Debris and rubbish will be hauled away no later than June 26th 2018. In order to comply with Deschutes County Health Ordinance 8.16.240, Outdoor Mass Gathering Medical Service Plan, 4 Peaks LLC shall make available the following; A first aid station located near the main entrance to the Music venue area (Refer to map exhibit C3) Names and qualifications of medical staff: Names and qualifications will be provided no less than thirty (30) days before event. Adventure Medics will be in charge of setting up and staffing this area. Adventure Medics 20585 NE Brinson Blvd #4 Bend, OR 97701 541-639-9993 info@advmedics.com 4 Peaks LLC. Is again requesting a waiver as approved last year from DCC 8.16 .240(b) which requires the event to have one ambulance on site. No waiver is sought for the first aid station and proposed aid station is in full compliance with DCC 8.16.240. We also will have an AED Device and a full medically trained staff on site at the medical tent in the unlikely event that it will be needed Under DCC 8.16.150(B), the Board may waive any standards upon a showing of good cause, and when the request does not involve any significant public health, safety or welfare issues involved, and when the Board determines that no law enforcement or other County services are involved. The primary reason that a waiver is being requested is that We are submitting a recommendation from Steve O'Malley, Deputy Chief of EMS for Bend Fire and Rescue, stating that it would be reasonable for an ambulance provided through Deschutes County 911 to provide EMS services to the patrons of 4 Peaks Music Festival given the level of medical service that has been represented to him. We also will have an AED Device on site at the fully staffed medical facility with the proper level of medical support, in the unlikely event that it will be needed. The Bend Fire Station, #303 is located 2 miles away at 61080 Country Club Dr, Bend, OR 97702. 2017 Variance Request November 14th, 2016 To the Deschutes County Commissioners: 4 Peaks Presents, LLC requests that the County Commissioners waive the requirements for the following sections of the Outdoor Mass Gathering code: 8.16.240 Medical Service 4 Peaks Presents asks that the Commissioners waive the requirement for having an ambulance on the festival site. We are submitting a recommendation from Steve O'Malley, Deputy Chief of EMS for Bend Fire and Rescue, stating that it would be reasonable for an ambulance provided through Deschutes County 911 to provide EMS services to the patrons of 4 Peaks Music Festival given the level of medical service that has been represented to him. We also will have an AED Device on site at the fully staffed medical facility with the proper level of medical support, in the unlikely event that it will be needed. The Bend Fire Station, #303 is located 2 miles away at 61080 Country Club Dr, Bend, OR 97702. We hope that the County of Deschutes and 4 Peaks Presents will have a long relationship that will be beneficial to all involved: the music loving community, local business owners, and the county tax rolls. Thanks you for your consideration on these matters. Sincerely, Stacy Totland Festival Director/Owner, 4 Peaks Presents, LLC Letter from Steve O'Malley from 2017: December 12, 2016 To the Deschutes County Commissioners: This is to advise that I have Spoken with Stacy Totland, Owner of 4 Peaks Presents LLC regarding her request for an ambulance variance for a mass gathering event to be held at 21085 NE Knott Road, Bend OR 97702 on June 15 -18th 2017. I believe, given the staff and equipment she will have available for this event that having an ambulance respond from Bend Fire station number 303 on 61080 Country Club Road, Bend OR 97702, would be a sound decision. I did request that an AED be Present in the first aid tent and she willingly complied, and has had one on site for the last 4 years. If you have any questions or concerns, pleas feel free to contact me. Thanks you for your consideration on these matters. Sincerely, Steve O'Malley Deputy Chief EMS Operations Bend Fire and Rescue 541-388-6387 Page 1 of 2 4 Peaks Music Festival 2018 Exhibit E 8/30/2017 Deschutes County Sheriff 63333 W. Hwy 20 Bend, OR 97701 541-388-6655 ATTN: Deputy in charge of community events Re; 4 Peaks Outdoor Mass Gathering Application Event Public Safety and Crowed Control plan Deschutes County Ordinance 8.16.060 Traffic Control plan - Details and descriptions 4 Peaks festival 2018 will take place on June 21st, 22"d, 23`d, and 24th, of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Expected attendance is 3000 persons on site in the event the festival is sold out. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 26th 2018 Debris and rubbish will be hauled away no later than June 26th 2018. Traffic Control Plan Entry and access to 4 Peaks Festival will be from Knott RD. Signs will be posted along the roadway to alert drivers as they approach. In order to ensure ample space to line up vehicle off highway at will call/check in, we have the following procedure in place; All vehicle will pull off Knott Rd. on to festival grounds and proceed at least 100' down driveway/staging area. At that point general admission vehicle will be directed into one of six 180`lanes to await ticketing. All but two of these lanes will be converted in to day parking after the majority of our patrons arrive and extra lanes are no longer needed. There will be a separate lane to the general admission entry for authorized vehicles only to be used by staff, crews, services, and emergency vehicles. Temporary parking will be provided for ticketing and parking instructions.. The event site can accommodate more than twice as many vehicles as required for an event of this size. As the exhibit Cl, and C2, demonstrates, there are adequate areas for ingress and egress to into the site and throughout the parking and camping ar eas. A minimum of six (6) traffic control and parking monitors will be on duty during each shift. Three (2) will be stationed at entrance, with the remaining three (4) assigned to parking and camping areas. Safety vests will be worn by all traffic and parking staff while on duty and equipped with flags for signaling drivers. Page 2 of 2 Traffic is expected to be very light, with attendee's arrivals spread out over time, starting Thursday after 8:OOam and late arrivals trickling in until Saturday midday. Departures will occur throughout the day on Sunday, after the festival is over. We feel this extended time frame for arrivals and departures will prevent any traffic congestion or hazards on the roadway. Contact person; Adam Henry - Parking Crew Leader - 541 610-6160 Select Temp to provide certified flaggers for Knott Road — (541) 749-7931 Crowd Control/Security Plan - Details and descriptions 4 Peaks festival 2018 will take place on June 21st, 22"d, 23rd, and 24th, of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Expected attendance is 3000 persons on site in the event the festival is sold out. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 26th 2018 Debris and rubbish will be hauled away no later than June 26th 2018. To ensure for the comfort and safety of our patrons, 4 Peaks LLC has contracted with Donal Liebermann of Dark Eden Inc to provide security for the event. A minimum Six (6) uniformed DPSST licensed personnel will be on duty during the festival with additional personnel on call, Additional personnel will be added as needed to maintain a ratio of 1 crowd control person to 100 persons attending on site. In addition 4 Peaks will have certified alcohol monitors and paid security staff roaming the crowds at all times beer and wine are to be sold. 4 Peaks LLC is committed to meet or exceed Deschutes County requirements. Contact info: Security will be provided by; Donal Liebermann, Dark Eden Inc. Executive Manager DPSST #63527 OLCC #443561 PO Box 8685 Bend, OR. 97708 PH: (541) 693-3797 Cynthia Smidt From: Jef Hinkle <jef4peaks@gmail.com> Sent: Friday, October 06, 2017 4:06 PM To: Cynthia Smidt Subject: RE: Exhibit E of OMG permit Yes that is correct On Oct 6, 2017 4:05 PM, "Cynthia Smidt" <Cynthia.Smidt(a,deschutes.org> wrote: Okay, that means the remaining four (4) are assigned go parking and camping. Correct? From: Jef Hinkle [mailto:ief4oeaks@smail.coml Sent: Friday, October 06, 2017 3:52 PM To: Cynthia Smidt <Cvnthia.Smidt@deschutes.org> Subject: Re: Exhibit E of OMG permit That should be two (2) traffic control persons at entrance. Thanks I'll point that out to our prof reader. Jet- On efOn Oct 6, 2017 2:24 PM, "Cynthia Smidt" <Cynthia.Smidt cr,deschutes.org> wrote: Stacy and Jef, Exhibit E has the following statement: "A minimum of six (6) traffic control and parking monitors will be on duty during each shift. Three (2) will be stationed at entrance, with the remaining three (4) assigned to parking and camping areas." Please clarify the numbers (three does not equal 2 or 4). Thanks. <htto://www.deschutes.org/> Cynthia Smidt, Associate Planner Community Development Department PO Box 6005 1 117 NW LafavetteAvenue Bend, t.)re on 97708-6005 Tel: (541) 317-3150 www.deschu1cs.o g/cd Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. Page 1 of 2 4 Peaks Music Festival 2018 Exhibit F 8/30/2017 Community Development Department 117 NW Lafayette Ave. Bend, OR 97701-1925 (541)388-6575 ATTN: Environmental Health Division Re; 4 Peaks Outdoor Mass Gathering Application Environmental Health Checklist 4 Peaks festival 2018 will take place on June 21St 22nd, 23`d, and 246, of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Expected attendance is 3000 persons on site in the event the festival is sold out. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 26th 2018 Debris and rubbish will be hauled away no later than June 20th 2016. To ensure for the comfort and safety of our patrons 4 Peaks LLC is committed to meet or exceed Deschutes County standards. In order to comply with Deschutes County Health Ordinance 8.16.220, Outdoor Mass Gathering Sanitary Facilities, 4 Peaks LLC shall provide the following; 1. Contact persons Jef Hinkle, Site Manager (541) 977-3266 Kevin Byrne — Bar Manager — 541 280-0035 2. Toilets, 4 Peaks LLC has contracted with Little John's Portable Toilets, Inc. to provide Toilets and hand washing facilities for the event. It is our understanding that a minimum of 1 portable toilet to 100 persons on site is required by the Deschutes County Health ordinance. To ensure for the comfort and safety of our patrons, 4 Peaks will be providing 1 portable toilet for every 50 persons on site during the festival the total numbers of portable toilets will be determined by ticket sale prior to the event. 4 Peaks LLC is committed to meet or exceed Deschutes County requirements. Estimated totals if event is sold out Forty five (45) standard toilets, Seven (7) ADA (locations shown on map Exhibit C2) Toilets and hand washing facilities provided by; Little Johns - Bathrooms (541)-617-6060 2660 NE Hwy 20, #610-52, Bend, OR 97701 Page 2 of 2 Hand Washing Facilities The total numbers of hand washing facilities will be determined by ticket sale prior to the event. 4 Peaks LLC is committed to meet or exceed Deschutes County requirements. Estimated totals if event is sold out Twelve (14) hand washing stations at 12 restroom locations shown on map Exhibit C2 Toilets and hand washing facilities provided by; Little Johns - Bathrooms (541)-617-6060 2660 NE Hwy 20, #610-52, Bend, OR 97701 1. Water supply One (1) Private water supply (locations shown on map Exhibit C2 and C3) Test results pending. First test results (for coliform and nitrates) will be submitted with in fourteen (14) days of permit approval by County Commissioners, with second test results (for Coliform only) submitted in May 2017 2. Waste Collections and Removal One (1) — l Oyd dumpster, twenty (20) rolling garbage bins, ten (10) commingle recycle bins, and 7 glass bins Bins to be empted three times daily by Volunteer staff 10 yd dumpster to be hauled away End of day Monday, June 26th Containers and removal services provided by; Bend Garbage and Recycling (541) 382-2263 3. Food Service Facilities (locations shown on maps C2 and C3) Vendors will be licensed and permitted no later than fourteen (14)days prior to event. 4. Refer to attached site maps Exhibits C2, and C3, for facilities locations REVIEWED LEGAL COUNCIL For Recording Stamp Only INDEMNITY AGREEMENT LA `) (COL { .S C` (V\ j , its officers, employees and members shall, through the signing of (Event Organizer) this agrcLelnenC Cby OLS authorized, party,oragent,Cor by agrees, o be held on consideration i �e(approval the (Event Name) (Date of Event) and to be held within Deschutes County, to indemnify, defend and hold harmless Deschutes County, Oregon, a political subdivision of the State of Oregon, its officers, agents and employees, herein called "County" from any and all suits and claims, losses and liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act or omission arising out of or any way related to the Outdoor Mass Gathering as described above, or participation in the event as a participant, spectator, sponsor, promoter, agent or official. In addition, 4 'PP Ci v_,3 1')r e. S rY S agrees to furnish Deschutes County with a certificate of (Event Organizer) insurance with endorsement for general liability insurance with a combined single limit of not less than $1,000,000 per single claimant and incident, and $2,000,000 all claimants, arising from a single incident, specific to the (4 CO,\t_S f'A Sit. E10.Y k.,, 0.1 , naming Deschutes County, its officers, agents, volunteers and (Event Name) employees as an additional insured. DATED this 3 (- day of / L c )5A-- , 20 t -`j By: `me cca Lv(1fevtie)L_ t�t,a nem (Authorize'd Signature, Title) APPROVED: DATED this day of , 20_ Nick Lelack, Community Development Director OMG Indemnity Agreement Rev. 1/14 20 August 30, 2017 Deschutes County Board of County Commissioners 1300 NW Wall Street Bend, Oregon 97703 Re: 4 Peaks Music Festival -- Response to Comments at Hearing on June 20, 2017 On June 20, 2017 Susan Long and members of the Minar family testified before the Board of County Commissioners during the public comment period regarding the 4 Peaks Music Festival. Quite obviously, Ms. Long and the Minars were upset with the operation of the festival. As the owner and promoter of 4 Peaks, I take their concerns seriously. Our entire team strives to make the 4 Peaks Music Festival an enjoyable event for both patrons and neighbors. Prior to and during the event we went to great lengths to inform the nearby residents of the event and provided contact information to allow neighbors with concerns to contact our team directly. Unfortunately, the Minars and Ms. Long elected to forego these lines of communication during the event. As you are well aware, Ms. Long and the Minar Family were opposed to the festival from the beginning and, despite the festival's merits, vowed to shut it down at this location. We understand that these types of events can be seen as an inconvenience to some. However, by authorizing mass gatherings, the Oregon Legislature expressly recognized both the importance of these types of events for the community and the need to provide strict guidelines for their operation. We at 4 Peaks are very proud of our 10 -year track record. With very few exceptions, our relationships with nearby residents have been overwhelmingly positive. Much of the testimony to this Board was, in my opinion, both incorrect and inflammatory. At best, the testimony focused on the unfortunate actions of a few attendees and painted the entire festival with that brush. I believe that it is appropriate to set the record straight and respond to several of the issues raised in their testimony. Susan Long's Testimony Susan Long states, "these Festivals are known for pushing limits and counter culture, the no rules mind set," and, "bad behavior is encouraged." As far as we know, Ms. Long did not attend {00709326;2} the festival, despite our repeated invitations to do so at no cost. Had she attended and had she been looking for them, yes, she likely would have seen a tiny minority of "bad behavior" "counter culture" people. More importantly, she also would have seen a much larger proportion of young families, local attorneys, accountants, city and county staff, public school teachers and administrators, business people and local government and political leaders. She also would have seen hundreds of small children engaged in various scheduled activities, smiling, laughing and taking home cherished memories from a safe and engaging event. Ms. Long also implied that 4 Peaks was forced to move from the prior Tumalo location due to neighbor impacts. Had she attended this year, she could have met the owner of the Tumalo property as well as several neighbors of the former Tumalo location who were in attendance and have nothing but positive things to say about our event. Ms. Long's claims regarding a band leaving without pay are without merit, defamatory and have no bearing on the event or compliance with local or state standards. We suggest that Ms. Long speak with the well-known bands and vendors who return each year if she has concerns about our business reputation. In addition, the information provided by a nurse at the hospital who volunteered at the front gate is factually incorrect. Susan stated that "she (the nurse) was aware of three to four 'real security people' but most are volunteers in exchange for admission." As you know, County regulations require the head of Security to submit the names of the personnel who make up the security staff, all of whom must be certified by the Board of Oregon Public Security. This was done. The fact that most of our security people flew largely under the radar demonstrates our success. Our objective is to maintain a family -friendly event and not showcase our security force. Frankly, we are proud of the fact that we have a significant group of return volunteers to assist with parking, admissions, and other event activities. These volunteers are members of our community—not counter culture outcasts. Alyssa and Alea Minar's Testimony First off, I admire the girls' involvement in 4H and farming. In fact, my 11 -year-old daughter attends Plantation Farm Camp for a month each summer. There, campers play an integral role in caring for the animals and garden in order to provide food for the camp. They are taught respect for and love of nature. In short, the 4 Peaks Music Festival is not detrimental to the animals. Tom Stevenson visited with the Minar Family prior to the festival and attempted to show them ways to mitigate their concerns relative to the animals. They were not interested in cooperating, but rather furthering their goal to use any means (relevant or not) to shut down the event. We remain committed to working with the Minars to address their concerns. I find it unfortunate that the Minar girls now see this event through their parent's eyes and not those of the hundreds of other children who attend this event every year and have nothing but a positive experience. Kathy Minar's Testimony Many of Kathy's comments dealt with the campers, trailers, and tents on the property Wednesday evening. In retrospect, I probably should have put in the permit application the {00709326;2} need for more volunteers involved in setup a day earlier in the week, considering the site is five times larger than our previous one in Tumalo. In addition, the breakdown of a larger site takes longer. However, most of the volunteers who set up their camp spot did so to reserve a spot and did not camp overnight. We plan to address this issue in our next permit application. Kathy pointed out that the holding area beyond the entrance had 40-50 trailers waiting at 10 a.m. on Thursday. This is both a gross exaggeration and inconsistent with Steve Minar's observation (he claims trailers admitted at 9 a.m.). I do not believe that there is even physical space for 50 trailers and motorhomes in the holding area. Nonetheless, Ms. Minar's observation confirms our site plan's success in addressing the more important issue raised by all of the surrounding neighbors regarding traffic and congestion on Knott Road. We are proud to report there was none! Yes, we did decide to open the gates prior to noon to avoid any backup to Knott Road. We chose to accommodate the best interests of all residents and non - festival vehicles traveling on Knott Road. Our promotional materials made it clear when the gates opened and that staging on Knott Road would not be permitted. Largely, our attendees followed the rules. For those who didn't, we took appropriate action. Again, we will address this issue in our next permit application. Much of Kathy's testimony, as well as her husband's, centers around the noise levels during the festival. We have decibel readings which dispute their readings. That said, we readily acknowledge that there was a 15- to 20 -minute time on Friday evening when a changeover in the sound engineer resulted in our exceeding the required sound level. We immediately addressed this issue as soon as it became apparent. At all other times we were in compliance and no noise citations were issued. We simply do not understand why the Minars repeatedly called the Sheriff's office beginning on Wednesday evening. Finally, Kathy Minar claims "4 Peaks was not a nice neighbor nor was the event safe." Randy, a neighbor to the Southeast whose house was closer and more visible to the camping area than the Minar's, disagrees. He enjoyed the event and used it as an opportunity to invite friends to join him at his home. I highly doubt that the hundreds of responsible parents from our community would attend an event with their children year after year if the event was not safe. Steve Minar's Testimony Some of his written testimony has already been addressed. Howard Koff texted Steve Minar on Wednesday, June 14 at 8:53 p.m., after the first visit by the Sheriffs Department. Howard received no response which indicated the Minar's attitude toward the festival and his unwillingness to communicate with us. Cooperation is a two way street, yet despite the lack of consideration on the part of the Minars, when we learned of unauthorized cars going up Heidi Lane, we placed a security guard at the entrance. Had the Minars elected to communicate with us it would have been far more effective in preventing a handful of attendees from traveling on Heidi Lane. {00709326;2} Steve Minar continuously flew his drone over the site before, during and after the event. My understanding from a person familiar with FAA requirements is that he violated several regulations. In particular, he did not receive approval from the nearby (1 mile away) airport manager to do so, and he flew directly over people. His apparent goal was to get images of any kind to discredit the festival. After reviewing all of the photos, as expected, we do not see anything alarming. In fact, it is nice to see the fire lanes pictured and preserved. It's unfortunate there are no photos submitted of the Kid's tent and all of the other amenities. He did not need to fly over all of the vehicles to get the "suspected" number of attendees. We have a printout from Eventbrite with the e-mail address of every ticket and pass provided, whether sold or complimentary. We were well within our permit standards. Steve Minar indicates, "A woman on an acid trip was rescued from drowning in the irrigation ditch by our neighbor's hired security crew." I have no way of knowing whether the woman in question was on "an acid trip" but what I can confirm is that the 4 Peaks head of security was involved and ended up paying for a taxi to take the patron home. She returned the next day to retrieve her car and purse and was extremely thankful, yet embarrassed about her behavior. Focusing on the actions one attendee out of 2,600 attendees ignores the very positive experience of the balance of our guests. On the other hand—speaking of strays—the Minar's dog had to be retrieved on two separate occasions from the event property. Our staff graciously assisted the Minars in retrieving and returning the dog when the typical practice would have been to capture the animal and take it to the shelter. Steve Minar made reference to the meeting that was scheduled at Bend Golf & Country Club with refreshments for the neighbors of Stevenson Ranch. A high-ranking member of the Sheriff's office, familiar with 4 Peaks Festival over the years, was scheduled to attend in order to respond to questions and concerns. Neither Susan Long nor Kathy and Steve Minar responded to the invitation request. Only two people responded that they would attend. As a result, the meeting was cancelled and I arranged to meet the two for coffee. I was blind -sided when seven additional neighbors showed up for what was supposed to be an informal coffee. Steve Minar claims "we never had security along our fence line." As indicated earlier, security personnel were intentionally low key. In fact, a member of our security staff positioned along the fence observed Kathy Minar walk her dog part way down the driveway, remove the leash, and then return to get on her 4 -wheeler to retrieve her dog. Whether the Minars saw them or not, security was present near their home and our volunteers patrolled the area throughout the event. Steve Minar asked why Stevenson Ranch the right to "take away" their enjoyment of their acreage. Again, we do not dispute the fact that an event like 4 Peaks may be seen as a temporary inconvenience to some. That said, it is a 4 -day event on land zoned for exclusive farm use. Exclusive Farm Use zones are not "open space" areas preserved for tranquil residential living. They are intended to provide suitable land for a wide variety of often very intensive uses. Instead of a 4 -day music festival the Stevensons could run farm equipment every day of the year totally outside the purview of the County's noise ordinance. They could {00709326;2) holdagri-tourism events, commercial events, and dog training classes. They could also establish a considerable number of other uses that have a far greater impact both in duration and intensity than does a 4 -day event. To Mr. Minar's precise question, the Oregon Legislature determined decades ago that EFU land is a suitable location for both mass gatherings and extended mass gatherings. As a consequence, state and county laws impose strict regulations on mass gatherings. With the exception of the temporary noise issue addressed above, we complied with the standards at all times. We respect and acknowledge the Minar's legitimate concerns and will take reasonable steps to address them. That said, where state and local law express|ypernnitnmossgatheringsonEFU|and,vvedonotcmnsidertheK4inar's"nmtinnny backyard" approach to be either reflective of the zoning laws applicable to their property or conducive to a good neighbor re!ationship. In summary, none of the horror scenarios expressed by neighbors of Stevenson Ranch prior to the festival materialized. Traffic ancl congestion on KnottRoad was not an issue. We are not aware of any attendee vehicles parked on any street or driveway other than within the festival site. Fire protection methods were in place. The pond on the property was full and the fire lanes meticulously preserved. Two water tanks wet down the property during the weekend, although admittedly the dry conditions due to weather and wind were difficult to overcome. Fortunately, the wind direction blew the sand toward the entrance, away from the neighboring homes. We have no report of anyone trespassing onto neighboring properties. As mentioned earlier, one woman fell into the canal. Other matters such as safety, security, sanitation, waste, trash, and other concerns expressed in advance by the neighbors near Knott Road were never a factor, as they have never been in our ten-year history. Considering the extensive scrutiny and surveillance effort put forth by the neighbors, which lead to no citations, we are extremely proud of our staif and voiunteers. Just as we learned a lot following our first year in Tumalo, we learned a lot after our first year at Stevenson Ranch. We have already redesigned our site plan to exclude camping, vehicles, or activity within 200 feet of neighboring residences on Heidi Lane. The stage will be slightly repositioned and the tent completely repositioned to mitigate the noise toward the Minar's residence. There are also other modifications which we intend to incorporate into the upcoming permit application for 2018 for the benefit of the community. I look forward to our 11th year coordinating and cooperating with County staff and the Board of Commissioners to continue to assure the 4 Peaks Music Festival remains the safe, intimate, family -friendly music and camping event where memories are made. Respectfully Submitted, Stacy Totland Owner, 4 Peaks Presents LLC mo*m/.4peakannus/n.conm Email address: stacva4peaksmusic.com N0709326;2) October 8, 2017 County Commissioners Tony Debone, Phil Henderson, Tami Bappytiancl staff contact Cynthia Smidt, This letter is in reference to file number 247-17-000732-OMG. I am again voicing my opposition to granting another mass gathering permit to hold an event at Last June, shortly after the Four Peaks festival was held last year, I spoke before the County to express my feelings about the events before during and after the festival. Clearly, as a property owner living just south of this event, it was disruptive to our family farm. Per Google Science Facts," the rate at which sound travels from its source is influenced by atmospheric pressure, humidity, ambient air speed, obstacles as it travels in all directions:' As I spoke to you last June, at times I heard very little, at times my whole house shook. I had phone calls from neighbors to my south and east, asking what was going on. They played loudly past their scheduled times, campers played music and partied well past midnight, my neighbors called in noise complaints and law enforcement could really do nothing. Security was poor at best, several of my neighbors crashed the event from both the south and east, no one was stopped or questioned as they blatantly wanted to look like trespassers. I work with people who volunteered for this event, I was told no one searched campers, this was verified by others who attended, drugs and privately brought in alcohol was " free flowing" through out this "family friendly" event. It should also be noted that campers began arriving , lights clearly visible from my house, OMG can call it what they want but people were moving in long before allowed by permit and there were campers on the property after the event for days. The event organizers has not cleaned the property by the end of the following week as a volunteer said she got an email asking for more clean up volunteers, a good week after the end of the event had ended. The County issued last years permit with conditions. Four Peaks made numerous violations and caused adjacent property owners multiple disruptions, and as property owners we has no way to have these conditions enforced and we are now being asked to be subjected to this again? Seriously? It should be noted that festival attendees trespassed onto adjacent properties, one fell into an irrigation ditch, and the clouds of dust noted with traffic could be seen for some distance. As a voter, we passed levees for the Fair Grounds and Les Schwartz Amphitheater ( I believe) and these are venues that these events should be held at, not on agricultural land to line the pockets of the property owner and the event organizers, and then devaluing adjacent land and disrupting residents with noise and dust, and livestock with noise, traffic and lights, dust, and stress. I can not speak in person , I am a nurse at St Charles and will be working, but I want my voice heard in opposition to this permit on the Stevenson property. Sincerely, Susan Long Cynthia Sm idt li111111111{/11.4 ,1111:1,11111,111111 From: Cody Smith Sent: Friday, October 13, 2017 11:49 AM To: Peter Russell; Cynthia Smidt Subject: RE: 17-732-OMG, 4 Peaks Cyndi, 11W11111.111111 11111111111111111. Even if they intend to use the same TCP, we should still require them to submit it for approval prior to the proposed 2018 event. Also, what Peter said below. Thanks, Cody Smith, P.E., County Engineer Deschutes County Road Department 61150 SE 27th St, Bend, OR 97702 Phone: (541) 322-7113 Email: Codv.Smith@ deschutes.org From: Peter Russell Sent: Thursday, October 12, 2017 11:25 AM To: Cynthia Smidt <Cynthia.Smidt@deschutes.org>; Cody Smith <Cody.Smith@deschutes.org> Cc: Peter Russell <Peter.Russell@deschutes.org> Subject: RE: 17-732-OMG, 4 Peaks Hi, Cynthia, As long as they are required to use state -certified flaggers if they are stopping traffic on a County road and that the parking lot accommodate a minimum of 75 feet of queueing, I'm am fine with the proposal. If you have any questions, please let me know. Thanks, Peter Russell Senior Transportation Planner Deschutes County oeter.russell(a deschutes.org (541) 383-6718 From: Cynthia Smidt Sent: Tuesday, October 10, 2017 9:20 AM To: Peter Russell <Peter.RusseIk deschutes.org>; Cody Smith <Codv.Smith@deschutes.org> Subject: 17-732-OMG, 4 Peaks Hi Peter and Cody, Re: 247-17-000732-OMG, 4 Peaks Music Festival If you could get me some comments (if any) by end of week, I'd appreciate it. Since they improved the access from last year, my guess is we're just looking for the typical traffic control plan similar to what they provided last year. For some reason they didn't include that in with the application (but 1 will ask). I've attached the following: 1. Peter's comments from last year. 2. Notice of Public Hearing « Message: RE: OMG-247-16-000694 4 peaks_Knott road.doc» « File: 17-732-OMG NOPH - Mailing.pdf» Thanks. Cynthia « OLE Object: Picture (Device Independent Bitmapj» Cynthia Smidt, Associate Planner Community Development Department PO Box 6005 1 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Tel: (541) 317-3150 www,deschutes.ora/cd Please note that the information in this email is an informal statement made in accordance with DCC 2220.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. 2 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 19, 2016 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Dave Doyle, County Counsel; Cynthia Smidt and Will Groves, Community Development; and about a dozen other citizens. No representatives of the media were in attendance. PLEDGE OF ALLEGIANCE CITIZEN INPUT None was offered. Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval of the Consent Agenda. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 1 of 13 Consent Agenda Items 1. Board Signature of Document No. 2016-512, for Children's Psychiatric Day Treatment 2. Board Signature of Resolution No. 2016-067, Initiating the Vacation of a Portion of Woodland Drive 3. Board Signature of Order No. 2016-047, Vacating a Portion of Woodland Drive 4. Board Signature of Document No. 2016-575, an Amendment to a WEBCO Agreement 5. Consideration of Board Approval of Document No. 2016-786, a Justice for Families Grant Application 6. Board Signature of Document No. 2016-790, a Quitclaim Deed to the Sonnie Grossman Family Trust 7. Board Signature of Letters regarding the Lazy River Special Road District Board: Accepting the Resignation of Dalton Miller -Jones and Thanking him for his Service; Reappointing Candace Little through December 31, 2019; and Appointing Richard Wagner through December 31, 2019 8. Board Signature of Letters Appointing Robert Ross, MD, and Rebeckah Berry to the Deschutes County Public Health Advisory Board, through August 31, 2019 9. Board Signature of a Letter Reappointing Jo Kilmer to the Board of Sun Mountain Ranches Special Road District, through December 31, 2019 10. Board Signature of a Letter Appointing Gary Miller to the Board of Panoramic Access Special Road District, through December 31, 2019 11. Board Signature of a Letter Accepting the Resignation of Randall Brady from the Noxious Weed Advisory Board, and Thanking him for his Service 12. Board Signature of a Letter Reappointing Mike Maier to the Deschutes County Budget Committee, through December 31, 2018 13. Board Signature of the Minutes of the December 14, 2016 Business Meeting and Work Session Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 2 of 13 ACTION ITEMS 14. Chair Signature of Document No. 2016-781, a Promissory Note Amendment with the Humane Society of Redmond (Brightside Animal Center). Erik Kropp explained the item and introduced Mark Crose of Brightside. Brightside has paid off $1 million of a $1.5 million loan from the County, and needs an additional six months to pay off the balance. Mr. Crose added that the County's help is appreciated. They have been using the Teater Trust to pay off the loan balance, and have a scheduled payment in 2018 with another to follow in 2020. An 11 -acre parcel in Redmond is also a part of the trust. The trustee has been asked if the property can be sold at this time, now that property values have increased. There was some resistance but it appears that he finally will consider this. The funds would pay off the loan to the County and build up reserves for the shelter facility. There is already some interest in the land. The proceeds will be split evenly with the Humane Society of Central Oregon, per the trust. Chair Unger said they have been looking at this for years, and the trustee has not been very cooperative in the past. Mr. Crose suggested that a letter from the Board might help move this along. The trust no longer generates revenue from the now -vacant property, and it is a good time to close it out. Commissioner Baney stated that the organization is very different today than it was in 2008. They provide a service that is very valuable to the community. Now that the market is stronger, it is time to sell the property. It makes a lot more sense to do this now. She is supportive of an extension at this time as well, to make this work. Commissioner DeBone sees these as separate transactions. He is supportive of both. He is sure they did not want this to go on as long as it did, but the economy was a big factor. Tom Anderson asked about the partnership with the COCC vet tech program. Mr. Crose replied that it is working great for both COCC and Brightside. BANEY: Move approval of the extension. DEBONE: Second. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 3 of 13 VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 15. A Public Hearing and Consideration of Board Signature of Document No. 2016-763, an Outdoor Mass Gathering Permit for 4 Peaks Music Festival. Chair Unger opened the public hearing. Cynthia Smidt gave a staff report with the details of the permit application. She said that some minor corrections were made by Counsel. She said that zoning ordinances do not apply to mass gatherings. The governing body is required to issue the permit if the applicant complies with the appropriate regulations. Notice was provided to surrounding neighbors and some public agencies. This permit has been issued for nine of the past ten years. It started out as a larger event; a year was missed, and it was downsized after that. It was permitted up to 1,000 patrons in 2014 and 2015. In 2016, they were allowed no more than 1,500. They are now requesting a maximum of less than 3,000 attendees, at a different location; it would be at Stevenson Ranch in southwest Bend near Knott landfill. The surrounding properties are primarily farms, rural commercial, industrial and government. The Sheriff's Office did not submit any comments but signed the application approving the security plan. Community Development and Road would provide other approvals. Knott Road has a high average daily traffic count and a more detailed traffic control plan has been required. The driveway also needs to be graveled to protect Knott Road. Appropriate stacking will be required to get traffic off the road as quickly as possible. There have been concerns voiced by neighbors regarding traffic, noise, safety, fire and other issues. There have been some agricultural -related events at the location in the past. Risk Management may know about these, but there would probably have been fewer than 500 attendees at each. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 4 of 13 Chair Unger asked who has the final say on approval. Ms. Smidt said the Sheriff will check out the individuals involved, but mostly it falls on the Road Department in regard to traffic. Stacy Totland, organizer of the event, commented on the Stevenson Ranch property. They have had a Celtic event and horse events there, but this would be in a different part of the property. She gave an overview of the past permits. She said that they are staggering the arrival times and the road is better than in the past, with the ability to get people off the road immediately. They have the best interests of the community in mind. Regarding noise, after 10 PM there is no amplified music. After that, it is in a tent and acoustic only, until midnight. No radios or other amplified music is allowed after that. They have met the requirements in the past and all departments have signed off on the new permit. Commissioner Baney stated that the challenge is that it is new in this area. She asked if they are moving from the old location due to local complaints. Ms. Totland said that is not the case. Commissioner Baney noted that Mr. Conway of the Pape family is concerned about wildfire. She asked if there is a water truck available on site. Ms. Totland replied that measures are being taken to provide water spigots on site along with a pond. They are working with the Fire Department on all of this. They had not talked about having a water truck. Commissioner Baney encouraged her to meet the concerns of the community as much as possible. Ms. Totland stated that the festival will occur in June rather than August, which might help to mitigate fire concerns. Regarding neighbors, they love to invite them and encourage them to see what they are doing. The original opposition in 2007 are now fans and attendees. Commissioner DeBone asked if it is grassy or dirt, and whether there has been fuels reduction done. Ms. Totland replied the family is doing a great job, with grassy and irrigated pastures. There won't be people there the whole time. Those driving by won't be able to see the festivities from the road. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 5 of 13 Chair Unger said that noise is often a concern. He asked how they will remain compliant. Ms. Totland said the stage music is turned off at 10 PM. She personally checks with a decimal reader at the tents. She communicates with sound staff to make sure this is controlled. Ms. Totland said that security is present 24 hours a day. Commissioner Baney said someone is concerned about the canals. Ms. Totland said the past property had a pond and irrigation but they did not have any problems, and used appropriate signage. Chair Unger opened the hearing to other testimony. Dave Ledder lives at the southeast boundary of Stevenson Ranch. He isn't saying anyone is wrong, but he happens to be in favor of it. The great thing is that this gives bands a forum to share their music. He knows that people sometimes think about Woodstock when you talk about festivals. They are now gatherings for families and music lovers. He has no problem with this, and he will be close to it. It provides a lot of benefits. Those who are fearful probably have not been to one recently. He would like them to keep an open mind. He has attended blue grass festivals, and knows these events are good for the community and businesses. Dina Bennett lives on Tekampe Road. She provided a copy of an e-mail sent to staff. She is not against festivals, and is a business owner. She understands the economic benefits, but doesn't think this is the right location. She looked at the proposed traffic plan and doesn't think it complies with regulations. She computed the size of vehicles and the entry area. She feels a maximum number of fifty vehicles can come in at a time. This will mean a backup on the road. Traffic has increased because of the construction on 27th Street. People will not drive carefully and some will end up on Tekampe Road, which has no outlet. She feels this is a dangerous situation. She has friends that have gone to 4 Peaks events. The events at Stevenson Ranch took place years ago, before a lot of development off Knott Road. She thinks 4 Peaks wants to grow, and she is not sure Knott Road is appropriate for this kind of growth. Regarding fire, the concerns are forest lands adjacent to the Ranch. Fire trucks need to have access. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 6 of 13 She understands the decibel level that is allowed, but is not sure if this can be controlled, twelve hours a day for three days. 4 Peaks will double its ticket sales but she doesn't think they have the ability to monitor such a large crowd. It is a residential neighborhood. She feels they are in violation of permit requirements, in particular conducting music between midnight and 9 AM. Their website says 'non-stop music' and 'late night music'. Also, the rules say no gathering is to be promoted without a permit, but they are already advertising it. She understands people want to know about it, but it is not respectful to the letter of the permit. They can't be trusted if they are already doing this. She is a taxpayer and wants the Commissioners to tell 4 Peaks to find another place to grow. Carl 'Bill' Hopp represents the Defter Trust who owns property on Sholes Lane. His client purchased the property as of November 29, after the notices were sent out. He wants the record to be kept open for his client to respond. The client owns property at a corner of the Stevenson Ranch. They are concerned about law enforcement, since there will be no sworn officers there. It is not unlike the Sisters Rodeo where alcohol is served. Fire is a big issue and this is not being addressed adequately. They need a water truck and access for fire equipment. They are trying to blow off the need for an ambulance. The noise levels are a concern; 70 decibels is equivalent to a shower or a dishwasher. This is in an EFU zone with livestock and residents. Livestock do not do well with loud noises like a rock festival. The applicant says it may exceed this noise level. His client bought the property to enjoy peace and quiet. Jeff Hinkle is the site manager for 4 Peaks. He is very involved in making sure everything works. They will have certified flaggers on Knott Road, similar to road construction or any other event. There is a long driveway before the queue -up lines. They can handle 62 cars at a time and don't expect everyone to show up at once. The Fire Department feels that the ambulance is better off at the station. They will have trained EMT's and equipment on site. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 7 of 13 Fire is a concern anywhere in Central Oregon. This area has large portions that are already cleared. There is a buffer between camping and the tree line for access and security. The pastures are irrigated. There is a pond on site that is accessible for larger quantities of water. The canal is going to be piped in during April by the irrigation district. They are not using the whole property, and the canal is away from public use. The around-the-clock music might be individuals playing their guitar. They do have a silent disco event with headphones, which is very entertaining. They have not put out their new location and dates yet. They do other things during the year on their website, but are waiting for permits on this one. They are growing but do not want to get much bigger. They like it to me more intimate. It was suggested that this be held at Les Schwab or the Fairgrounds, but Les Schwab has no place to camp. The Fairgrounds is not conducive to camping or a smaller event that works best being out in nature. Commissioner Baney asked about access for fire trucks. Mr. Hinkle said there would be a separate access. There won't be any problem with access for them, or any blockage. Howard Koff testified that he is Ms. Totland's father and is in charge of transportation for the bands, and provides manual labor for set-up. He identifies with the concerns. The traffic will not a problem at all. Tumalo Reservoir Road was much more challenging but there was not a backup there, either. They do want to keep this as intimate as possible in the future. He said that Ms. Totland may have made a mistake and did not realize you cannot disclose the site before the permit is obtained. He did not know this, either. The website runs year-round and talks about all events. There is not a connection between that mistake and a disregard for authority or that the organizers cannot be trusted. They work closely with the Fire Department and the many others involved. They want to do this properly. He feels that these organizations respect what they are trying to do. Security is phenomenal. There will not be cars parked off-site. The Sheriff's Office has a presence there along with security. There is alcohol, but Bend is a beer town and some of the local brewers will be there, as will some winery sponsors. They have other prominent people and companies that sponsor this family -friendly event. This is going from 17 acres to over 100 acres. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 8 of 13 Chair Unger stated that there was a request for the record to be left open until end of the day on Friday, December 23. He suggested that this be addressed further on December 28. Commissioner Baney is concerned about the new property owner who missed out on notification. However, it appears much is legally allowed or can be mitigated. Commissioner DeBone said the assumption is to get to yes with conditions. Commissioner DeBone asked about ticket sales and how they will handle traffic in that fashion. Ms. Totland replied they are prepared with will -call and flaggers. Two years ago, they were sold out ahead of time and did not allow someone just passing by to enter. They would do the same this time. Tickets would go on sale in March. In regard to advertising, the new address was indicated but they have not opened it up for ticket sales. She would love those in the neighborhood to join them. They limited it in the past, but had only 17 acres. Commissioner Baney noted that concerns are valid for a new location. There is a responsibility to protect the community, but knows they don't want something bad to happen there. She asked if the ambulance is needed, is a waiver appropriate. She knows the Fire Department wants it available to others, so hopes this can be mitigated. Ms. Totland replied that this came up in the past. There are a couple of stations within a few miles. There is another company that may be available. They will beef up their medical response on site in other ways. They have never had a problem with this in the past. Commissioner Baney would like more clarity on this particular issue by next week. She appreciates that they would have dedicated access. Ms. Totland said that non-stop music means throughout the day — one band stops, another starts. They don't mean non-stop music or drinks being served late at night. Commissioner Baney asked what is allowed for an outdoor mass gathering. Ms. Smidt said in 1971, the State put this in place to have some boundaries around events. It has been modified over the years. The law says that the governing body shall issue the permit if health and safety rules are being met — roads, health, food, OLCC, safety and so on. The event organizers check for alcohol and other things being brought in. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 9 of 13 David Doyle said that the County's rules are subservient to State law. He knows of none that were denied at the State level if safety and health requirements were met; he does know of at least one that was approved on appeal. The State strongly supports these events. Commissioner DeBone asked if there has been a fuels reduction review, if the event is held in an area that is a problem. Ms. Smidt stated that the Fire Department comes out before the event to check structures and other aspects. Commissioner Baney would like to find out more about the Sheriff's Office's part in this, and what an officer is able to do. Ms. Smidt said they have to hire security and the Sheriff does background checks on these individuals. The Board closed the oral part of testimony, leaving written testimony open until Friday, December 23 at 5 PM. The Board will address this further at their business meeting on December 28. 16. Consideration of Board Signature of Document No. 2016-614, Denying an Appeal of a Hearings Officer's Decision Regarding Widgi Creek Subdivision Land Use Issues (Kine & Kine). William Groves provided a brief overview of items #16 and #17. The findings have been drafted for review and approval, based on past Board deliberations. Commissioner Baney felt a good job was done to capture the Board's thoughts. Commissioner DeBone agreed. Chair Unger concurred. BANEY: Move Board signature of Document No. 2016-614. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 17. Consideration of Board Signature of Document No. 2016-615, Denying an Appeal of a Hearings Officer's Decision Regarding Widgi Creek Subdivision Land Use Issues (Kine & Kine). Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 10 of 13 BANEY: Move Board signature. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 18. Consideration of Board Signature of a Letter Reappointing Mike Maier to the 9-1-1 County Service District Budget Committee, through December 31, 2018 DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 19. Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $409,124.76. Mr. Anderson said some is for the computer aided dispatch system through Tyler Company. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (Two Weeks) in the Amount of $3,900.63. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 11 of 13 DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF COUNTYWIDE LAW ENFORCEMENT DISTRICT #1 21. Consideration of Board Signature of a Letter Reappointing Mike Maier to Countywide Law Enforcement District #1 Budget Committee, through December 31, 2018 DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF RURAL LAW ENFORCEMENT DISTRICT #2 22. Consideration of Board Signature of a Letter Reappointing Mike Maier to Rural Law Enforcement District #2 Budget Committee, through December 31, 2018. DEBONE: Move approval, with thanks to Mr. Maier. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 23. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County (Two Weeks) in the Amount of $752,561.05. Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 12 of 13 Mr. Anderson said that some is restocking the shelves of the DOC pharmacy, and a release of security on the Pronghorn Hotel, which is now being built. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 24. ADDITIONS TO THE AGENDA ADJOURN Being no further items addressed, the meeting was adjourned at 11:27 a.m. DATED this Day of Deschutes - Deschutes County Board of Commissioners. ATTEST: Recording Secretary 2016 for the t6, Alan Unger, Chair Tammy Baney, Y.ace Chair Anthony DeBone, Commissioner Minutes of Board of Commissioners' Business Meeting Monday, December 19, 2016 Page 13 of 13 For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JUNE 21, 2017 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. Various members of the community were present as well as one representative of the media was in attendance. CALL TO ORDER: Chair Baney called the meeting to order at 10:05 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: • William Brewer 4 Peaks Music Festival. Mr. Brewer is not opposed to the festival but he lives on EFU land and the impact on wildlife and fat7n animals of having that event in that private area and the amount of trailers off the property. • Alvssa Minar — 4 Peaks Music Festival. Ms. Minar is a junior in high school and is a member of part of 4H and FFA and raises rabbits and having the music festival next to their house was hard on her animals and the event activities have caused stressed to them. Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 1 of 7 Alea Minar — 4 Peaks Music Festival. Ms. Minar is 13 years old. She has expensive animals but is most concerned about her dogs while the music festival is less than 30 feet from their property. She owns a rare breed dog which makes them a high target for theft. She spoke on the fencing around the property of the festival. • Steve Minar - 4 Peaks Music Festival. Mr. Minar owns a home on Heidi Lane right next to the festival site. He thanks the Commissioners and the Sheriff's Office for their service. He spoke on disregard of permit regulations causing harm to neighbors. He feels there is a breakdown in the system for planning and entbrcement of events. • Susan Long — 4 Peaks Music Festival. Ms. Long has lived on Bobcat Road since 1970, She thanks the Commissioners for their time. Ms. Long spoke on concerns of safety and noise during the event. Ms. Long commented on the lack of enforcement and violations of sound by the venue as well as the amount of drugs and alcohol. Ms. Long noted her livestock and her family were affected. She commented private lands are not the place for this type of event where bad behavior is allowed. • Kathv Minar — 4 Peaks Music Festival. Lives on Heidi Lane. Thanks the Sheriffs Office and Commissioner Henderson. She submitted photographs showing the distance from her home. Ms. Minar noted various violations to the permit. 4 Peaks was not a nice neighbor and they violated their pennit. Commissioner Baney thanked everyone for presenting and stated the Commissioners will work with the Community Development Department and Sheriffs Office and share this information regarding their testimony, Commissioner Henderson commented on his concern of events impacting neighbors and encourages the Board to look at this for future events as well. Commissioner DeBone noted the value of their input. CONSENT AGENDA Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Henderson requested to move Consent Agenda Item #8 to Action Items for discussion. HENDERSON: Move approval of Consent Agenda Items 1 - 7. DEBONE: Second, VOTE: HENDERSON: Yes. DEBONE: Yes. BANEY: Chair votes yes. Motion Carried Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 2 of 7 Consent Agenda Items: 1. Consideration of Board Signature of Resolution No. 2017-028, Declaring Certain Personal Property Surplus and Directing Disposition 2. Consideration of Board Signature of Order No. 2017-014, Cancelling Uncollectible Personal Property Taxes of $58,599.65 3. Consideration of Signature of Order NO. 2017-017, Setting a Construction Speed Limit of 25 mph for Cascade Lakes Highway from MP26.14 to MP 27.28 4. Consideration of Signature of Order No. 2017-018, Establishing a Temporary No -Parking Zone Within the Public Right of Way on or Adjacent to Cascade Lakes Highway on Both Sides of the Road Between MP 26.34 and MP 26.27 5. Consideration of Board Signature of Order No. 2017-019, Declaring Certain Deschutes County Personal Property Surplus and Authorizing Sale 6. Consideration of Board Signature of Order No. 2017-020, Approving SDC Installment Payment Plan 7. Consideration of Signature of Document No. 2017-287 a Grant Agreement with the Heart of Oregon Corps fore Support Services 8. Consideration of Board Signature of Document No. 2017-399, Helion Software Maintenance Agreement ACTION ITEMS 9. Consideration of Board Signature of Document No. 2017-399, Helion Software Maintenance Agreement Scot Langton, County Assessor presented the document for consideration. Commissioner Henderson asks for clarification of the coverage of this agreement. Mr. Langton noted this agreement covers the annual contract for services from cartography through property tax and is the whole assessment and taxation package. Mr. Langton explained the complexity of the system and the available systems within the state noting this is the most cost effective system. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 3 of 7 10. PRESENTATION: Deschutes County Bicycle and Pedestrian Advisory Committee Awards Presentation. Matt Martin, staff liaison on the Deschutes County Bicycle and Pedestrian Advisory Committee noted the committee was formed to encourage safe transportation for bicycles and pedestrian. Cheryl Howard, City of Bend Volunteer Coordinator serves as chair of the committee and thanked the Board for the opportunity to present the important awards to our community. The awards began with the Sate Sidewalks awards. The chain -ring awards were also presented. 11. Before the Board was Consideration of Signature of Order No. 2017-029, Establishing Solid Waste Disposal Fee Waivers for Fiscal Year 2017-18 Timm Schimke, Director of Solid Waste presented thc Order for consideration. The Board has established a fee waiver program for non-profit organizations. Mr. Schimke explained the process of thc program. Over the past year, $4,450 was waived last year. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Ycs HENDERSON: Yes BANEY: Chair votes yes. Motion carried 12. Continuation of Public IIearing: Consideration of Board Signature of Resolution No. 2017-019, Adopting the Fiscal Year Fee Schedule for Deschutes County Christina Partain, Finance Department, presented the continued hearing from the business meeting of June 14, 2017. Nick Lelack, Director of Community Development Department resumed discussion on the Planning Division fees including Lot of Record. Commissioner Henderson is not supportive of the fee schedule as it is presented for fees noted for Health Services Department and also is not convinced the Community Development Department fee increase is necessary. Commissioner DeBone is supportive of the fee schedule and noted the added capacity in the Community Development Department. Commissioner Baney explained fees usage is restrictive and sees an incremental increase is an appropriate direction for Community Development Department and for Health Services Department as fees are moving towards actual cost of services rendered. Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 4 of 7 DEBONE: Move approval, minus fees CDPN 47, CDPN 48, and CDPN 49 BANEY: Second Discussion: Commissioner Henderson noted his interest in learning more of the actual costs of medical care. VOTE: DEBONE: Yes HENDERSON: No BANEY: Chair votes yes. Motion carried Chair Baney continued the public hearing to 10:00 a.m. on Wednesday, June 281" at the scheduled Business Meeting. 13. Continuation of Public Hearing: Consideration of Adoption, Community Development Department Annual Report and Work Plan Nick Lelack, Director of Community Development Department presented the work plan for continued consideration as well as work plan project potential revisions. Peter Gutowsky, Senior Planner spoke on staffing and services provided. Commissioners gave input on suggested revisions to the work plan. HENDERSON: Move approval as amended with revisions recommended. DEBONE: Second. VOTE: HENDERSON: Yes DEBONE: Yes BANEY: Chair votes yes. Motion carried CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of letter of reappointment to Carl Burnham for a term through June 30, 2020. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 5 of 7 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Signature of Document No. 2017-421, a Collective Bargaining Agreement between Deschutes County 9-1-1 Service District and the Deschutes 9-1-1 Employees Association Erik Kropp reviewed the process taken to the point of the recommendation to present the agreement to the Board for consideration. Steve Reinke reported on the language changes. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Ycs HENDERSON: Yes BANEY: Chair votes yes. Motion carried 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $106,909.82 DEBONE: Move approval, subject to review HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District, in the Amount of $4,580.21 DEBONE: Move approval, subject to review HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried Minutes of Board of CommissionersBusiness Meeting June 21, 2017 Page 6 of 7 RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $1,757,847.29 DEBONE: Move approval, subject to review HENDERSON: Second County Administrator Anderson noted $848,000 for the overlay project of Northwest 43" and Chinook and $58,000 for the NACO WIR Conference which was entirely covered by sponsorships. VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried OTHER ITEMS: None were offered. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 12:07 p.m. DATED this r 7 Day of County Board of Cortlmissioners. AT Recording Secretary 2017 for the Deschutes Tammy Baney, C Anthony DeBone, Vice Chair nder ommissioner Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 7 of 7 REVIEWED LEGAL COUNSEL For Recording Stamp Only OUTDOOR MASS GATHERING PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND, OREGON 541/388-6575 LOCATION: 21085 KNOTT ROAD, BEND OWNER: D M STEVENSON RANCH LLC TYPE, DATES & TIME OF EVENT: MUSIC FESTIVAL, JUNE 16. 2018 — JUNE 26. 2018, 9:00 AM TO 10:00 PM OPERATOR: 4 PEAKS PRESENTS, LLC PHONE: 541 350-6474 1. PERMIT BECOMES NULL AND VOID IF EVENT OR GATHERING HAS NOT STARTED ON THE APPROVED DATE. 2. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE EVENT OR GATHERING IS COMPLETE. 3. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW ENFORCEMENT, PUBLIC HEALTH AND FIRE CONTROL OFFICERS TO COME UPON THE PREMISES FOR WHICH THE PERMIT HAS/HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AS ALLOWED BY DCC 8.16, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. FILE NUMBER (247-17-000732-OMG) The Board of County Commissioners approves the 4 Peaks Presents, LLC application for an Outdoor Mass Gathering permit based upon the attached requirements incorporated by reference herein and subject to the following conditions. CONDITIONS OF APPROVAL 1. Fourteen days prior to the event, 4 Peak Presents, LLC shall obtain and provide the Community Development Director for approval a Special Events Insurance policy that provides general liability of $1,000,000 per occurrence naming Deschutes County, its officials, agents and employees as an additional insured on the endorsement. The policy shall provide payment of claims within the 180 - day period after the scheduled termination of the event. 2. The total number of attendees authorized by this permit is 2,999. A 10% variance is allowed meaning that under no circumstances shall the total number of attendees (to include patrons, musicians, vendors, staff, and security) exceed 3,299 total persons at any time during the course of the event. 3. The operator shall keep reasonable counts of persons and vehicles entering the event. 4. The operator shall provide one toilet per every 100 attendees. The operator has contracted with Little John's Portable Toilets to provide the required facilities. 4 Peaks Presents 247-17-000732-OMG Permit, Document 2017-652 (October 23, 2017) 5. Hand washing facilities shall provide running water, adequate soap, and paper towels. The operator has contracted with Little John's Portable Toilets to provide the required facilities. 6. The operator shall provide waste collection and removal. The operator has contracted with Bend Garbage and Recycling. 7. Thirty days prior to the event, the operator shall submit to the Community Development Director and County Health Director, the contracts for sanitation and waste collection and removal. 8. Drinking water shall be provided via private well. The water system shall meet all Drinking Water Program requirements. 9. Food service shall be provided by licensed vendors and restaurateurs. The operator shall ensue that each food vendor applies to the County Health Department for a temporary restaurant license at least one week in advance of the event. 10. The operator shall receive final approval by the Bend Fire Department after inspection no later than June 20, 2018. 11. All fire hydrants, fire sprinkler, and/or standpipe system connections are to remain readily visible, accessible, and unobstructed and shall be accessible with an unobstructed circumferential distance of three feet. 12. Fire and emergency access roads shall have an unobstructed width of not less than 20 feet and a vertical clearance of not less than 13 feet, 6 inches. Barricades shall be approved prior to erecting. The emergency access roads shall remain open at all times. 13. The operator shall ensue that vendors cooking outdoors comply with the Bend Fire Department and the City of Bend "Open Cookina Concession Reauirements." 14. Non -fixed food concession such as enclosed trailers, buses, and vans shall comply with the Bend Fire Department and the City of Bend "Non -Fixed Food Concession Reauirements." 15. All tents, canopies, and temporary structures shall comply with the Bend Fire Department regulations. 16. Campfires, bonfires and other recreational open burning are prohibited. 17. The Outdoor Mass Gathering shall have at least one first aid station staffed by two adult individuals trained in first aid techniques for the duration of the event. The first aid station shall include an Automated External Defibrillator (AED) device with AED device trained staff. Ambulance service shall be provided by Adventure Medics, Bend Fire Station #303 located at 61080 Country Club Drive, approximately 2 miles from the event site, or the next available responding ambulance unit. 18. If the irrigation pond located on-site is less than 50 percent full one-week prior to the event, the operator shall provide a water truck at the event for fire suppression. 19. Thirty days prior to the event, the operator shall submit to the Community Development Director, the names and qualifications for all individuals trained in first aid techniques and AED device trained staff for the duration of the event. 20. The operator shall provide on-site security at all times during the event. The operator has contracted with Dark Eden Inc. to provide the required security. 21. The operator shall provide one crowd control person for each 100 persons, expected or reasonably expected to be in attendance at any time during the Outdoor Mass Gathering. 22. The operator shall ensure that traffic control and crowd protection personnel provide certification of training or experience acceptable to the County prior to conduct traffic and or crowd -control duties. 23. Thirty days prior to the event, the operator shall submit to the County Road Department and Senior Transportation Planner for review and approval a detailed traffic control plan that includes traffic control signs, sign location and spacing plan, traffic control personnel certification, and a site plan drawn to scale illustrating adequate space (75 feet) for stacking of vehicles. 24. Thirty days prior to the event, the operator shall submit to the Community Development Director and County Sheriff, the names and necessary background information for all traffic -control and crowd - control personnel to be utilized during the Outdoor Mass Gathering. 25. Operator shall adhere to the proposed site plan that shows the parking area. 26. The operator shall post this permit in a conspicuous spot on the property during the course of the event. 4 Peaks Presents 247-17-000732-OMG Permit, Document 2017-652 (October 23, 2017) 2 27. The operator shall ensure that access is provide to the premises for inspection purposes by law enforcement, public health, and fire control officers based on the terms and conditions of the permit. If deficiencies are identified following an inspection, the inspector may return as often as needed until the deficiencies are cured. If the deficiencies are not cured or if the County determines that the deficiencies cannot be cured then the operator expressly consents that the County Sheriff is authorized to take any and all necessary actions to terminate the Outdoor Mass Gathering. 28. The burden of preserving order to the proposed event shall be with 4 Peaks Presents, LLC. 29. All debris will be removed within 72 hours after the event termination. All temporary structures shall be removed within 3 weeks of event termination. 30. No person shall be permitted to bring alcohol onto the premises. This shall not apply to the sale and consumption of alcohol from a State of Oregon licensed facility located on the premise. 31. No narcotic or illegal/dangerous drug use will be permitted at the premises. 32. The operator shall meet the requirements of DCC 8.16.250, Public Safety. 33. Parking services will be provided by 4 Peaks Presents, LLC and will include a minimum of six traffic control and parking monitors for each shift. 34. The amplified music shall meet the requirements of DCC 8.16.290. A sound level in excess of 70 decibels prior to 10:00 p.m. and in excess of 50 decibels after 10:00 p.m. (as measured upon the A scale of a standard sound level meter on affected property) shall constitute a violation of the Deschutes County Code. 35. The Outdoor Mass Gathering shall not be conducted, including set-up, placement, storage, staging, removal or similar action of any equipment, materials, structures, vehicles, supplies and so forth, in the unincorporated areas of the County within 1,000 feet of any residence between the hours of 12:01 a.m. and 9:00 a.m. The proposed late night music venue shall end at 12:00 a.m. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON, Commissioner 4 Peaks Presents 247-17-000732-OMG Permit, Document 2017-652 (October 23, 2017) 3 sno uOlsao 8T 0Z ,,,,r,....,,, <.:.,.. ,..',:<.., Cynthia Smidt From: chris t <teicheirac@gmail.com> Sent: Friday, October 20, 2017 8:55 PM To: Cynthia Smidt Subject: 4 Peaks Music Festival Cynthia, I am writing with regard to the 4 Peaks Music Festival, and particularly the location that has been utilized in 2017, and the desire to permit the same location for 2018. We live approximately a half mile from the festival location, in a rural setting outside of Bend. I have concern about the festival being held in this location for a number of reasons. Firstly, we could hear the music, which denies us the quiet that gives us reason to live in the place that we do. From our distance it was not large in impact, but it was notable and not peaceful for the many nights that the festival demands. I have grave concern for those that live closer and have no choice but to be forced to deal with the interruption of their peace in their rural environment with a large impact of noise for days that this festival entails. The people that live proximal to the festival have no choice but to hear the music, the activity going on into the night, and be forced to accommodate their lifestyle to the desires of others is not okay. Secondly, with conditions of fire in our region, there is significant risk of fire danger created by the numbers of people at these events. Being in a rural area with forest interface and significant fuel loads, there is risk of an aberrant mistake of humanity to create a real risk to the neighboring properties that in summer months can become a huge liability for those local to the event. With other venues that are acceptable, such as the fairgrounds, etc, I do not see why this should be an exception to other public venues that are more suited for large numbers of people gathering for festivals. Please consider the viewpoints of the neighbors like me that voice their opinions, and for all of those that are either unaware to voice their opinion, or do not take the time to do so. We live in a secluded place for the peace that it provides. I voice my personal protest that it not be encumbered by those that make a profit and do not have care for the neighbors around them. Sincerely, Chris Teicheira 21365 Back Alley Rd. Bend, OR 97702 541-408-2570 teicheirac@,gmail.com 2 Dear Commissioners: My wife Rose and I live at 21403 Back Alley Rd. in Bend. We would like to add our comments and strong opposition to the granting of the permit for the 4 Peaks Music Festival. I was a member of the Deschutes County Planning Commission for seven years, and chaired the Commission for five of those years. So to save time, I will try to summarize our objections as follows: - -The public notification of this meeting may have met the requirements of the law, but it didn't give the neighborhoods impacted by this event adequate opportunity to be aware of the permit application and to bring their comments and concerns to you. Realistically, most people don't read the notices in the Bulletin, and notifying neighbors within 750 feet is far from adequate. As the crow flies, we live well over 1 mile from this venue, and there were some evenings during the last concert when the music was objectionably loud. Look at how close this venue is to Woodside Ranch and other heavily populated areas. - -We are entitled to the quiet enjoyment of our property, and by granting this permit you are depriving us of that right. Several evenings during last summer's concert, depending on wind conditions, the music would reach levels sufficient to force us indoors so we didn't have to listen to it. --In looking at this application, you need to ask yourselves if this is a suitable venue for this event. It clearly isn't. It's in an area with a relatively high population, served by a narrow road that sees a lot of traffic at most times of the day. --Furthermore, you need to ask yourselves if this is the only place that a concert such as this could be held. Again, it clearly isn't. There are many, many places outside of Bend, particularly to the east, that are much less populated, would have much less impact, and yet are still very accessible to town. --We are not "newcomers to the neighborhood", trying to drive out an old established event now that we've moved here. To the contrary. We've lived on our property for over 30 years, as have a lot of the people in the area. It's the event planners who are the newcomers, and there's simply no reason to place a high -traffic, high -noise event in the middle of a quiet, peaceful, established semi - rural area, other than perhaps convenience and/or profit. I think you'll agree that those are not viable reasons for granting the permit application. - -Finally, you all might ask yourselves — is this something you'd want next door to your house? Thank you very much for considering our comments. We hope you will either reject the application outright, or at least extend the comment period and greatly enlarge the notification area to ensure maximum transparency on this important issue. Sincerely, Paul and Rose Bianchina Cynthia Smidt From: Kathy Minar <kathyminar@gmail.com> Sent: Sunday, October 22, 2017 1:52 PM To: Cynthia Smidt Subject: letter re 4 peaks permit. Neighbor input. Attachments: aleacommissionermeeting.docx Hi Cynthia, I have an exam in class and will not be able to attend the commissioner meeting on Monday Oct. 23 2017. I would like my letter of opposition to the permit included to the commissioners. I have attached my letter. Thank you, Sincerely, Alea Mlnar 1 Hi, My name is Alea Minar, 1 am 13, a farmer per state of Oregon law and 1 live on Heidi Lane. Although 1 have many rare and expensive animals including S80 poultry, $300 pigeons and S75 rabbits, I am most concerned about my dogs. According to the American Kennel Club, pet theft has increased 31% since 2007, especially in purebred dogs. Not that long ago a family friend who lives in Alfalfa had her dog stolen off her property while she was home, a S6,000 German Shepherd stud. Previously I had never been concerned with theft because of the location of our property and the privacy we had. However now that the 4 Peaks Music Festival Campers are less than 30 feet away from our fence -line, 1 am concerned for my dogs' safety. According to AKC, when in a 'Neighborhood Lifestyle' your dog may be a target if visible from the street, or in my case, a large music venue with 3,000 people. They also state Be Cautious with information If strangers approach you to admire your dog during walks, don't answer questions about how much the dog cost or give details about where you live. Unfortunately, these people already know where I live and we have photographic proof that we have had people come up to our fence, look at my dogs and start asking us questions about them. When I bought this rare breed, I had to sign a contract that said 1 would breed my dog at least once before spaying her because of the extremely limited number of Barbets. As of 2011, there were only 200 in the U.S. Every Barbet sells for a minimum of S2000. A Barbet stud fee usually costs 1,500. Because my dogs are not spayed there is the potential to make more money off of them, which makes them a higher target for theft. 1 have four females, one female 1 have gifted to my sister, and one male, five dogs in total. The fence around the Stevenson's property is in poor repair. Twenty-four of the thirty-one wooden posts are rotten at the ground. We had people during the event climb our fence to catch taxis. We twice had to go and retrieve my dog from the event after she was enticed by camper's food. We have owned this dog for almost 4 years and she has never left our property. Once the concert was over she has not left the property. Since pet theft has increased 31%, 3,000 people now know about my rare animals, where 1 live, and how easy it is to access our property 1 am very concerned about the safety of my animals. And as 1 mentioned at the beginning of the letter 1 have other rare species of animals. Please do not allow the continuance of this event. Sincerely, Alea Minar Cynthia Smidt From: Kathy Minar <kathyminar@gmail.com> Sent: Sunday, October 22, 2017 1:53 PM To: Cynthia Smidt Subject: Neighbor's letter re the permit for 4 Peaks Mass Gathering Permit. Attachments: alyssacommissionerspeech.docx Ms Smidt, I am representing the state of Oregon at the National Horse Judging Contest in Indiana at National FFA convention so I will not be able to attend the commissioner meeting on Monday Oct. 23 2017. I would like my letter of opposition to the permit included to the commissioners. I have attached my letter. Thank you, Sincerely, Alyssa Minar 1 Hi My name is Alyssa Minar and I am 17. I live on Heidi Lane. I am, among many things, a farmer. How can 1 say this? Because The definition of farm used by the U.S. Department of Agriculture is "any place from which $1,000 or more of agricultural products were produced and sold or normally would have been sold during the census year." That definition makes me a farmer. I have my 4H and FFA record books for documentation. As a farmer I come before you with my concerns. For more than three decades, Oregon has maintained a strong policy to protect farmland. The policy was adopted by the state legislature in 1973. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). Prior to and during last year's 4 Peaks concert, my parents were bombarded with comments like, "get over it, it's just 3 days: 1% of the year," and the most ridiculous one "Don't raise rabbits." As a farmer and member of FFA I am not looking at just 3 days of pleasure for a few. I am concerned with many people for a lifetime and for future generations. Did you know that 1 in 6 American's are hungry? A trio of rabbits can feed a family of four. Rabbits can be kept in a small amount of space and are ready to harvest in 8 weeks. 'And that a trio of rabbits produces that same amount of meat as a cow does in one year? I raise meat rabbits, educate people, and have taught others how to harvest rabbit meat. The largest crowd I have spoken to on this subject is 1000 people at the Oregon FFA State convention. I am currently developing a line of meat rabbits that has a lower bone density resulting in more meat in a shorter period of time. Loud noises and the earth vibrating (even when the volume is within acceptable limits the base vibrates the ground) are catastrophic for my breeding program. Rabbits perceive the vibrations as a predator threat. When a doe has a litter and is threatened she kills her young if she cannot move them. If a doe is pregnant she will not deliver the litter resulting in the deaths of the unborn litter and possibly the doe. If the pregnancy is early in the gestation phase the doe entombs the litter and they are aborted or reabsorbed. Sometimes the process doesn't go well and causes scarring or fragment remains in the uterus leaving the doe unable to reproduce. Last year, the first year of the concert, 1 choose not to have pregnant does during the concert so I did not breed, prior to or during the concert. The risk of losing my breeding line of rabbits was not worth the risk. This resulted in the loss of 64 to 109 rabbits. I currently see rabbits for $20 a live rabbit and $30 for a processed rabbit. That is a loss of $1280- $3270. Last year I documented the weights of my market animals. I weighed them before and after the 5 days of the concert (set up, concert and concert clean up). Of the 10 rabbits I had set aside for fair only 3 made weight (and they barely made weight by just 0.1 oz., 0.2 oz. and 0.23 oz.). During the time of the concert all 10 rabbits remained the same weight or lost weight. Meat rabbits live 8-12 weeks; during that time they gain 5-8 lbs. So we are talking about a loss of 5 days of the animal's life of 56-70 days, that is 8-10% of their life affected by noise. Also I had to select the 3 rabbits that made weight, not the best but I had no choice. I sold my rabbits at auction for $55/lb. Had my rabbits weighed closer to the 81b. limit vs. barely over 5 lbs.. I could have sold 7 lbs. more meat at $55/lb. (we have a community in Deschutes that is very supportive of Agriculture). Also as a result, I did not win Champion pen. If I had won champion pen my rabbits would have been worth $800 more at auction plus I would have had that title for all future rabbits I produced resulting in every rabbit being worth $20 more. That is 8 rabbits every month or $1920 a year. This concert cost me $4000- $7000 actual and potential income and interfered with the development of my breeding program last year. That is a great deal of money for a 17 -year old student. As commissioners I am asking for you to protect our farm, which is zoned EFU. By preventing the renewal for the 4 peaks presents festival you will ensure the safety of my Rabbitry and allow me to continue in my efforts to educate people that rabbits are not just cute pets but a solution to hunger. Thanks you, Alyssa Minar Cynthia Smidt From: Kathy Minar <kathyminar@gmail.com> Sent: Sunday, October 22, 2017 11:37 PM To: Cynthia Smidt Subject: neighbor letter re 4 peaks permit for mass gathering Attachments: kathycommissioner's talk.docx I am a neighbor to the Stevens ranch and am in opposition to the gathering permit. I feel public safety is at risk. I have attached a letter addressing my concerns. 1 Good morning commissioners, I have pointed out the impact that this event places on our farm and the violations made by 4 peaks presents during at the 1917 4 peaks festival at the commissioner's meeting last July. Both of my daughters eloquently presented at the July commissioners meeting the impact the event had on their farming endeavors. Alyssa is unable to be here today as she is representing the State of Oregon at the National Horse Judging contest in Indiana. Both of our daughters have submitted letters on their financial loss due to this event. In Alyssa's letter she itemized her $4000 agricultural loss due to the 4 peaks music festival. That may not sound like much to you but to a 17 year old kid who works are, it is significant. Today I wish to address health and safety issue not address during last years permit. One being the Trans Canadian natural pressurized gas pipeline that runs through the 75 acres that was permitted for use last year, the second zoonotic diseases, and the third inefficient security. I have enclosed an areal photo of the 75 acres that was permitted last year with the gas line marked in blue. You will notice that the parking area and the road to the camping area are directly over the pipeline. We contacted the corporation after last year's event. They were not pleased at being uninformed prior to the event. They came out during the summer to run tests to this segment of the pipeline. The company representative wants to be informed in all future events planned on this site so monitoring can be done. My second area of concern for public safety is in the aerosolizing of pathogens in the soil. I have lived at our current residence for 10 years. All 10 of those years there had been a holding pen for cattle in the North East corner of the Steven's property. In total this area has been used for 18 years for the same purpose. The fence for the holding pen was removed just prior to the event last summer. This area is where the bulls and steers were held all winter. 25+ head of cattle. This is also where the pregnant cows were held during early spring for birthing. And this is where sick cows are sorted and treated, specifically when young cows have sours. A few years back the cows on this property had a 30% spontaneous abortion rate. The cause was not found, but several of the bacteria listed below can cause an increase in abortions. I point this out to stress that this is a highly used area where a lot of stool, diarrhea, urine and birthing material have been deposited over the coarse of 18 years. The entrance to the 4 peaks events is the same entrance that was used for the holding pen. The few weeds in this area did nothing to help with dust control. Nothing was done to prevent the aerosolizing of the bacteria in the soil. I have enclosed 2 pictures. The first was before the event (after a light rain) as the vendors arrived to set up. You will notice the dust. The second picture is after the event and is of the dust blowing off this same area. The second picture was taken from our yard looking down our driveway, which parallels this parcel. The following are a few of the disease that can live in the soil and be aerosolized. Cryptosporidiosis **** Cyrptosporidium is a protozoal parasite that causes diarrhea. Infected animals shed the organism in their feces, contaminating the environment. Young children, pregnant women, and immune compromised adults are most severely affected. Calves with diarrhea should be separated from healthy ones, and the infected area disinfected with bleach. Escherichia coli *** Escherichia coli (E. coli) are bacteria normally found in the intestines of people and animals. However, some strains cause a severe, often bloody, diarrhea in humans. Humans may also become infected after handling or being exposed to feces of a carrier animal. can cause abdominal cramping, bloody diarrhea, and occasionally, especially in young children and the elderly, life threatening kidney disease and a hemolytic uremic syndrome. E. co//0157:H7 may cause diarrhea in young calves, but most infected cattle show no clinical signs. Clostrivium perfringens food poisoning is caused by infection with the Clostridium perfringens (C. perfringens) bacterium. C. perfringens is found frequently in the intestines of humans and many animals and is present in soil and areas contaminated by human or animal feces. Leptospirosis ** Leptospirosis is a bacterial disease caused by Leptospira interrogans that can occur in a Targe number of animals, including cattle, sheep, goats, pigs, horses, and dogs. Leptospirosis is spread through the urine of infected animals and can survive in water and soil for months. The most common clinical signs in cattle are abortion and weak newborn calves. Cattle, and especially rodents, may show no signs of illness but carry and pass the organism in their urine. Humans acquire leptospirosis inhalation of the bacteria. Prevention Avoid water, such as ponds, where animals congregate and urinate, and wear gloves when handling reproductive fluids or when being exposed to urine. There is a pond near the 4 peaks event stage. Salmonellosis *** Salmonella are bacteria that are shed in the feces of infected animals. Many animals are susceptible to Salmonella, including cattle. Infection occurs as a result of the ingestion of contaminated feed. water, or grass. The bacterium can live for months to years in the environment. Animals with diarrhea should be isolated and the area disinfected. The following are diseases, infections, viruses that can be transmitted from cattle to humans via inhalation. Bacilus anthracis Brucella abortus Brucella melitensis Burkholderia pseudomallei Coxiella burnetii Crytosporidiumspp. Escherichia Coli Mycobacteriumspp. Staphylococus aureus Streptococcus sppp. Toxoplasma gondii Vesicular stomatitis virus I am not saying that these agents exist in the soil on the Steven's Ranch. I feel that due to how this segment of the property was been used in the past 18 years to house large number of animals through the winter, sick animals, and birthing animals, that the possibility is present. It would be prudent to test the soil at the landowner's expense or not allow this segment of the property to be used for the 4 peaks event. The last area of concern is the lack of trained safety personal. I have enclosed 5 pictures showing how close campers were to the property line. We were told we would have no campers within 50 feet of the fence line with a 30 foot wide path for safety vehicles. As you can tell from the photos this was not enforced. All, but I believe 3, of the security team are volunteers. The volunteers are assigned jobs but are really just there to have fun and listen to music for free. After we complained about cars from the event at our home we were assigned a "safety volunteer" to keep cars out of our driveway. Within 5 minutes after he arrived we have an Uber driver at our door to pick up a someone from the 4 Peaks event. We had not called Uber. Twice I came on the Steve's property with out any tickets. I drove right through 3 check points without stopping. No one came after me or yelled at me or followed me. There was partying and yelling until after 3 am every night, no security quieted the loud partying. The camping guidelines state "If you arrive at the gates prior to Noon on June 15, you will be asked to drive back out. "This also was not enforced. When I went out at 9 am to a 4 H event there were over 30 RV's already in the Cattle pen area. When I returned at 11 the area was totally full and the vehicles were allowed in before noon. None were asked to drive back out. I can continue with other examples where the "security" did not enforce the rules which resulted in permit violations and compromised security. In summary, I am very concerned about public safety. With the potential of aerosolized contaminates and huge pressurized gas lines under the event, public safety beyond event attenders is as stake. An almost entire volunteer safety force was unable to enforce safety guidelines and event rules last year. As a neighbor I do not feel that this is a safe event and highly encourage you to deny the permit at this time. References; http://pubs.ext.vt.edu/400/400-460/400-460.html https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3880910/table/T3/?report=th umb Memo TO: Commissioners Tammy Baney, Toney DeBone, Phil Henderson FROM: Captain Paul Garrison DATE: October 18, 2017 RE: 4 Peaks Music Festival Commissioners; Recently, on behalf of the Deschutes County Sheriff's Office, I was asked to review the 2018 Outdoor Mass Gathering Application for the 4 Peaks Music Festival. As you are aware the Sheriff's Office is asked to approve the public safety plan and parking plan portion of the application for the event by county code. Based on that criteria and the information provided by the applicant the portion under my review was approved. However, I felt that you should also be provided additional information as to the types of calls generated by the event this year in 2017, in making your final decision as to whether or not the application overall is approved. From June 14, 2017 to June 18, 2017 the Sheriff's Office responded to a variety of calls. Those calls included the following: • Excessive noise, beyond 70 decibels according to the reporting parties, determined by a cell phone app on the reporting party's cell phone, 5 calls for service in all. • Permit violation; individuals camping at the event location prior to the outlined time frame for such activities and music commencing prior to the outlined time frame for the event, 2 calls for service. • Noise complaint, individuals talking and or "partying" well after the event music stopped for the evening, 1 call for service. The Sheriff's Office did not any take enforcement action in the form of citations, arrests or closing down of the event based on these complaints, but rather attempted to gain compliance through coordinating a response to the complaints in speaking to the points of contact for the event. Furthermore, deputies assessed the situation independently on a call by call basis using their discretion to determine their course of action in response to each complaint. 1 I provide this information purely as an "FYI" when making your determination as to whether or not to approve this application. Respectfully, Captain Paul Garrison • Page 2 Subject: Name Address Phone #s BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK 1,1 PeAKS LA* LO.tJ E-mail address -1/f. gici 041 In Favor Neutral/Undecided Date: Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Name Address Phone #s E-mail address In Favor E., ; 47, Neutral/Undecided riVc Date: Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Name Address Phone #s E-mail address In Favor Neutral/Undecided Date: Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No Subject: Name Address Pi BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK gy„. 10 -CIEPhone #s ^a' 7—CI- E-mail -mail address (0 A rc� In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Date: 10 ( 1c Opposed No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: /184A-5 ofti6_ Name A 4} 7<- e - Address G7 30 3 Z u N '62— /3 6100 o 2 777C a -- Phone #s 4 q/ — 5 7 7 -- 3 2.416' E-mail address -7 / L` Ptd, 5 a ,v7 Date: 0_0 —20/7 bIn Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes o If so, please give a copy to the Recording Secretary for the recor . BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subj ect: Name Address Phone #s E-mail address In Favor Neutral/Undecided Date: 1 Submitting written documents as part of testimony? Yes 2 No If so, please give a copy to the Recording Secretary for the record. Subj ect: Name Address Phone #s BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK u.)A-ob I 14_) ()tit- 0 (\ ) 9 e E-mail address )4111)--),LULv ( fl 'T CAy‘4,1 Date: 0 id_1-47)7 In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. Subject: Co? Name 111 Address Phone #s E-mail address In Favor BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK iq < Jo ! Neutral/Undecided Date: Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No ovr Subject: Name e -- Address Phone #s BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK e 11M\ Date: E-mail address In Favor 4Y �R- -'" Neutral/Undecided Submitting written documents as part of testimony? '\Yes If so, please give a copy to the Recording Secretary for the record. No Good morning commissioners, I have pointed out the impact that this event places on our farm and the violations made by 4 Peaks presents during at the 1917 4 Peaks festival at the commissioner's meeting last June. Both of my daughters eloquently presented at the June commissioners meeting the impact the event had on their farming endeavors. Alyssa is unable to be here today as she is representing the State of Oregon at the National Horse Judging contest in Indiana. Both of our daughters have submitted letters on their financial loss due to this event. In Alyssa's letter she itemized her $4000 agricultural loss due to the 4 Peaks music festival. That may not sound like much to you but to a 17 year old kid who works hard, it is significant. Today I wish to address health and safety issues not address during last years permit. One being the Trans Canadian natural pressurized gas pipeline that runs through the 80 acres that was permitted for use in 2017, the second zoonotic diseases, and the third inefficient security. I have enclosed an aerial photo of the 80 acres that was permitted in 2017 with the gas line marked in blue. You will notice that the parking area and the road to the camping area are directly over the pipeline. We contacted the corporation after last year's event. They were not pleased at being uninformed prior to the event. They came out during the summer to run tests to this segment of the pipeline. The company representative wants to be informed in all future events planned on this site so monitoring can be done. My second area of concern for public safety is in the aerosolizing of pathogens in the soil. I have lived at our current residence for 10 years. All 10 of those years there had been a holding pen for cattle in the North East corner of the Stevenson's property. In total this area has been used for 18 years for the same purpose. The fence for the holding pen was removed just prior to the event last summer. This area is where the bulls and steers were held all winter. 25+ head of cattle. This is also where the pregnant cows were held during early spring for birthing. And this is where sick cows are sorted and treated, specifically when young cows have sours. A few years back the cows on this property had a 30% spontaneous abortion rate. The cause was not found, but several of the bacteria listed below can cause an increase in abortions. I point this out to stress that this is a highly used area where a lot of stool, diarrhea, urine and birthing material have been deposited over the coarse of 18 years. The entrance to the 4 Peaks events is the same entrance that was used for the holding pen. The few weeds in this area did nothing to help with dust control. Nothing was done to prevent the aerosolizing of the bacteria in the soil. I have enclosed 2 pictures. The first was before the event (after a light rain) as the vendors arrived to set up. You will notice the dust. The second picture is after the event and is of the dust blowing off this same area. The second picture was taken from our yard looking down our driveway, which parallels this parcel. The following are a few of the disease that can live in the soil and be aerosolized. Cryptosporidiosis **** Cyrptosporidium is a protozoal parasite that causes diarrhea. Infected animals shed the oraanism in their feces, contaminating the environment. Young children. pregnant women, and immune compromised adults are most severely affected. Calves with diarrhea should be separated from healthy ones, and the infected area disinfected with bleach. Escherichia coli *** Escherichia coli (E. coli) are bacteria normally found in the intestines of people and animals. However, some strains cause a severe, often bloody, diarrhea in humans. Humans may also become infected after handling or beina exposed to feces of a carrier animal. can cause abdominal cramping, bloody diarrhea, and occasionally, especially in youna children and the elderly, life threatening kidney disease and a hemolytic uremic syndrome. E. co/i0157:H7 may cause diarrhea in young calves, but most infected cattle show no clinical signs. Clostrivium perfringens food poisoning is caused by infection with the Clostridium perfringens (C. perfringens) bacterium. C. perfringens is found frequently in the intestines of humans and many animals and is present in soil and areas contaminated by human or animal feces. Leptospirosis ** Leptospirosis is a bacterial disease caused by Leptospira interrogans that can occur in a large number of animals, including cattle, sheep, goats, pigs, horses, and dogs. Leptospirosis is spread throuah the urine of infected animals and can survive in water and soil for months. The most common clinical signs in cattle are abortion and weak newborn calves. Cattle, and especially rodents, may show no signs of illness but carry and pass the organism in their urine. Humans acquire leptospirosis inhalation of the bacteria. Prevention Avoid water. such as ponds. where animals congregate and urinate. and wear aloves when handlina reproductive fluids or when being exposed to urine. There is a pond near the 4 Peaks event staae. Salmonellosis ' Salmonella are bacteria that are shed in the feces of infected animals. Many animals are susceptible to Salmonella, including cattle. Infection occurs as a result of the ingestion of contaminated feed. water. or 'grass. The bacterium can live for months to years in the environment. Animals with diarrhea should be isolated and the area disinfected. The following are diseases, infections, viruses that can be transmitted from cattle to humans via inhalation. Bacilus anthracis Brucella abortus Brucella melitensis Burkholderia pseudomallei Coxiella burnetii Crytosporidiumspp. Escherichia Coli Mycobacteriumspp. Staphylococus aureus Streptococcus sppp. Toxoplasma gondii Vesicular stomatitis virus I am not saying that these agents exist in the soil on the Stevenson's Ranch. I feel that due to how this segment of the property was been used in the past 18 years to house large number of animals through the winter, sick animals, and birthing animals, that the possibility is present. It would be prudent to test the soil at the landowner's expense or not allow this segment of the property to be used for the 4 Peaks event. The last area of concern is the lack of trained safety personal. I have enclosed 5 pictures showing how close campers were to the property line. We were told we would have no campers within 50 feet of the fence line with a 30 foot wide path for safety vehicles. As you can tell from the photos this was not enforced. All, but I believe 3, of the security team are volunteers. The volunteers are assigned jobs but are really just there to have fun and listen to music for free. After we complained about cars from the event at our home we were assigned a "safety volunteer" to keep cars out of our driveway. Within 5 minutes after he arrived we have an Uber driver at our door to pick up a someone from the 4 Peaks event. We had not called Uber. Twice I had to go onto the Stevenson's property. I did not have a ticket. I drove right through 3 checkpoints without stopping. No one came after me or yelled at me or followed me. There was partying and yelling until after 3 am every night, no security quieted the loud partying. The camping guidelines state "If you arrive at the gates prior to Noon on June 15, you will be asked to drive back out. "This also was not enforced. When I went out at 9 am to a 4 H event there were over 30 RV's already in the Cattle pen area. When I returned at 11 the area was totally full and the vehicles were allowed in before noon. None were asked to drive back out. I can continue with other examples where the "security" did not enforce the rules which resulted in permit violations and compromised security. In summary, I am very concerned about public safety. With the potential of aerosolized contaminates and huge pressurized gas lines under the event, public safety beyond event attenders is as stake. An almost entire volunteer safety force was unable to enforce safety guidelines and event rules last year. As a neighbor I do not feel that this is a safe location event or that the event is safely monitored so I highly encourage you to deny the permit at this time. References; http://pubs.ext.vtedu/400/400-460/400-460.html https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3880910/table/T3/?report=th umb e A Ac\ 11 - The View firm Our Window 1S 12 - Camping not in compliance with stated boundary from fence 16 7 - Camping right at our fenceline 11 10 - Campers close to the fence 14 9 - Campers at out fenceline, Inquiries about our animals 13 Subject: Name Address Phone #s 1 (PN E-mail address In Favor BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Neutral/Undecided Date: Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No 1 October 23, 2017 4 PEAKS FESTIVAL COMMENTS for Deschutes County Commissioner's Meeting Steve Minar, Homeowner & Resident at 60700 Heidi Ln, Bend, OR 97702 QUESTIONS My wife, my girls, several neighbors and I presented testimony to you about our experiences with the festival on June 21, 2017. We provided additional written documentation about our experiences and our concerns to go with that testimony. 1. Did you have a chance to engage in a working session to discuss our testimony? 2. What actions have been taken regarding the concerns we presented at that time? 3. Is there any legal reason that a decision on this matter must be made in a particular timeframe? SUMMARY 1. Please read the provided copy of the comment I wrote in response to the KTVZ article about 4 Peaks Music Festival. It covers our position well. Additional comments can be read on the KTVZ.com website. I've also included a printout of social discussion about the situation from Nextdoor.com. If you don't have access to the printed versions of these two conversations, you can read them online at: a. KTVZ Article - see comments below article b. Nextdoor.com discussion regarding 4 Peaks 2. The 4 Peaks Music Festival and other events of similar size and scope do not belong on Stevenson Ranch. 4 Peaks must find an alternate, appropriate site to continue operating. We believe the Deschutes County Fairgrounds and the Sisters Rodeo Grounds are excellent choices and are designed for events of this nature. 3. Common sense dictates that a landowner shouldn't be able to engage in an activity that causes personal and/or economic harm to their neighbors. OMG law must not supersede zoning in a manner that prevents neighbors from using their property in accordance with property zoning. a. The event has direct financial impact on our family and our neighbors. i. It cost our girls thousands of dollars in damage to their 4H and FFA show animals ii. My home office was significantly unusable during the event iii. We incurred lost income from Airbnb hosting iv. The value of our home is impacted. We now must disclose the festival's impact on our property should we choose to put our home on the market. v. One neighbor had to hire a security crew 24/7 to protect his property during the event vi. Another neighbor chose to hire fire protection during the event b. The event results in loss of use of our home and property within reasonable expectations of Exclusive Farm Use zoning and common sense c. The event costs us time. We have spent countless hours dealing with the impact of this event. d. The event affects our quality of life. Aside from the extra demands of cost, preparation and mitigation, we were unable to sleep during much of the event. It brings tremendous stress for the whole family. 4. The event organizer demonstrated blatant disregard for the limits of the permit they were issued and did not do the things they promised. I outline permit violations later in this document. 5. There is a breakdown in the system for planning, approving, monitoring and enforcing Outdoor Mass Gatherings. a. Planning should require input from affected neighbors during the planning process, well before the matter comes before the commissioners for a vote. b. The notification process is gravely inadequate. Property owners and residents need no -excuses notification with adequate time to prepare and respond. This includes owners that may not live full time or at all on their property. c. Live monitoring of the event in process should be done by the county. It should not be the responsibility of the neighbors and it CERTAINLY should not be left up to the permit holder. That's akin to leaving the mouse in charge of the cheese. d. When issues arise, there needs to be a CLEAR CHAIN OF COMMAND that is understood by all parties. We heard loud and clear from officers that they had no guidance on how to enforce the permit. They were not prepped in advance with festival contacts and procedures. County planning is not the right entity. Enforcement might be, but they are opaque to the public and don't appear to be available evenings and weekends. Despite attempts by the officers involved, this breakdown led to no behavior change at the festival and no enforcement action during the event despite clear violations and timely reporting of them. e. The penalties for failure to comply need to be clearly stated AND ENFORCED. What are they? It appears to us that there are no penalties for permit violations. If true, then the permit requirements are merely guidelines. INCIDENTS / OBSERVATIONS / CONCERNS OVERALL 1. Newspapers were stolen 4 of 5 days 2. Horses spooked an running regularly with the loud music. 3. Poultry and rabbits highly affected. Other animals affected. a. My daughter's prize winning tom turkey pulled out all of its breast feathers due to the noise and stress, making it unsuitable for the county fair b. Rabbits bred for competition and sale at the county fair were monitored for weight, eating habits and stress. Beginning with the festival music, the rabbits stopped eating and lost weight. 2 This continued through the event and for many days after. The result was 2/3 of the group did not make weight and did not qualify for the fair. The ones that made weight were low in the weight range. Had they achieved expected weight they would likely have been Grand Champion winners, earning substantially higher valuation for my daughters. c. Our dogs were completely out of sorts during the event. Normally very calm, mostly quiet and always on our property, they reacted all day and night to disturbances that had them barking. They were also drawn off property towards festival foods and smells. 4. We were told that the camping demand was so high that the organizer had to open additional acreage above and beyond their original permit to accommodate. 5. We were told that there would be a 30' safety boundary for security patrol / access from our fence line then an additional 30' of distance before camping would start. Instead, camping started within 30' of our fence line and closer in many places. 6. There were tents outside the designated camping areas. They were never forced to move. 7. We saw no evidence of security patrolling our fence line 8. We saw no evidence of sound levels being taken anywhere close to our property 9. Normal wild animal populations disappeared for the event. Our Great Horned Owls and their young left. We had no birds of prey, no coyotes and no deer. 10. After the event, representatives from the Trans Canadian Gas pipeline carne and spoke with us about their concerns with the event taking place essentially directly on top of the pipelines that run right through the festival site. They were very unhappy that they weren't contacted about their right of way and given the opportunity to weigh in on safety and perform inspections before, during and after if they saw fit. WEDNESDAY 1. A large 5th wheel RV came up our driveway. No alternative other than backing out nearly 1/4 mile and into Knott Rd. as there's no turnaround on our property. No flaggers to help. 2. Campers were present and campsites active by early afternoon. No vehicle inspections taking place. More than 100 campsites by 9pm. The permit calls for camping starting at 12pm on Thursday. 3. Lots of dust 4. Music playing at high volume on Wednesday, well before the event. THURSDAY 1. Campers were being let into the event at 9am 2. Video of staging area at 10am shows approx. 40 campers waiting, but all were let into the festival before the 12pm opening. 3. We had friends that lined up with their VW Camper about 10:30am. They were setting up their campsite well before noon and said they were not inspected for alcohol and drugs when they entered the festival. They did bring in outside alcohol to the event (beer and wine). a 4. Music started at 3:30pm, not 5pm per the permit/schedule 5. We had to retrieve blowing trash from the campsites out of our pond 6. We called the sheriff at 8:30pm with a noise violation. 78db 7. Sound measured 80db at 10:O5pm, well above the 50db limit starting at lOpm. FRIDAY 1. Music started at 10am. Permit specified 12pm. 2. Sound measured 80db frequently between 10am and 11:30am. 3. I texted Stacy Totland at 11:08am asking about the start time and noise level. She never responded. 4. Sound measured at 68db at 10:17pm 5. Cars corning up our driveway after 10pm 6. Pot smell blowing into our property on and off from mid evening through well into early Saturday morning SATURDAY 1. Sound measured well above 70db at 5:40pm 2. Trash collected in our front yard from campers. 3. Sound reflecting off the grove of trees giving louder sound on our back deck than at the fence line. 4. Uber driver sitting in our driveway at 10:30prn waiting for a guest named Chris. 5. Smoke in our backyard blowing in from the event site. I almost called 911. It subsided after 20-30 minutes. It smelled like a wood fire, not a BBQ. 6. Pot smoke and smell in our backyard 7. Amplified music above the 50db limit after 10pm. Called the sheriff. 8. Amplified music continued until 11pm despite sheriff contacting event staff around 10:35pm. 9. Sound measured at 67db at 10:49pm 10. Woman on acid was rescued from drowning in the irrigation ditch by our neighbor 11. Camper/campsite noise extremely loud at 2am. Caused our dogs to bark incessantly. 12. Car parked in our driveway at 2am. SUNDAY 1. Taxi sitting, blocking our driveway, waiting for a guy carrying a suitcase to cross the event field, go over the barbed wire fence onto our driveway to catch the cab 2. Significant dust blowing as cars start to depart 3. No evidence of flaggers on Knott Rd. at or before 9:30am 4. Uber driver parked in our driveway at 10:15am for a festival guest 5. Called Damon, head of site security, about the unwanted car traffic. He placed a guard at the entrance. 6. Despite the guard, another car drove up our driveway at 12pm looking for a guest. 7. Trash collected in our front yard from campers. Identity info on trash identified attendees from the Westside Bend area. 8. Music still going at 4:15pm, after the concert end time of 4pm. Finished at 4:20pm TUESDAY 1. Cleanup work going on between 3am and daybreak. Fence removal, possibly other tasks. 2. Our dogs were barking at the noise/activity at 5:45am PERMIT VIOLATIONS 1. We contend that there were at least 10 items in the permit for which violations occurred, some multiple times. In addition, many promises by the organizer weren't kept. We have video and/or photographic evidence to go with the written log. Sound readings were taken with a professional sound level meter, A weighting, +-2db accuracy. 2. Item 2 - Total Number of Attendees at any one time (suspected) a. Vehicle counts from imaging indicate over 1200 cars, trucks, motorized campers. Adding motorcycle, bicycle, walking, taxi and Uber attendees might well put them over their permit number. 3. Item 3 - Accurate Count of persons and vehicles entering the event a. Curious about their reported numbers and how they compare to imagery. 4. Item 15 - Campfires, bonfires and other recreational burning a. At least two fires were noticed by the neighbors. We had smoke in our backyard. 5. Item 18 - Security in place at all times a. We observed numerous vehicles entering the event site, heading up to the camping area without inspection b. We never had security patrol the fence line and had little support when we had problems. Was there really 1 security personnel for each 100 attendees? 6. Item 26 - identified deficiencies were not cured a. Texts to the organizer went unanswered. When officers contacted the event staff about noise levels and music outside of scheduled hours, no changes happened. 7. Item 27 - The burden of preserving order is with 4 Peaks a. attendees trespassing on our property, Uber pickup, Taxi pickup, general passenger pickup, travel trailers up our driveway, frisbee golfers retrieving frisbees on our driveway, campsite music until dawn, drug use among attendees, trash 8. Item 30 - narcotic or illegal/dangerous drug use 5 a. A woman on an acid trip was rescued from drowning in the irrigation ditch by our neighbor's hired security crew b. At least one other overdose that we are aware of 9. Item 33 - Noise levels a. The amplified music exceeded 70db on many occasions, before during and after the 10pm to 10am window. Sound levels were also frequently measured in excess of 50 db after lOpm and outside of the festival's stated music times. i. Clarification of this requirement is necessary as these noise levels are not solely from amplified music. The crowd and campsites contribute, as does traffic and equipment. It should be noted that our measurements were mostly taken on our front porch. We also took measurements at the fence line and in our back yard. 10. Item 34 - Operations between 12am and 9am a. More than one violation before 9 am. Particularly irritating was the work done between 3am and sunrise on Tuesday, June 20th, 2017. Fence/barrier removal was going on in the middle of the night. Noise, possibly from generators had our dogs barking at Sam. i. Clarification needed as this item calls for late night music to end at 12am but elsewhere in the permit / festival plan it calls for a lam end time. 11. Section 8.16.300 Item I a. It could be argued that there is no possible way the Outdoor Mass Gathering site can be restored to its previous condition. FINAL REQUEST 1. If the commissioners are not prepared to decline the permit at this time, I request a decision be postponed until the 1st week in January 2018 (the same week the decision was made last year). More time is required for those that are impacted to prepare and respond to the permit request. a. We only saw the notice 19 days ago and that's way too little time to prepare adequately b. Many neighbors have not yet heard about the new permit request c. Many neighbors are out of town, many are seasonal residents and many have had problems with the notification process d. Most of our neighbors are busy preparing their acreage for winter e. Many of us have prior commitments, making it impossible to allocate enough prep time f. Many who wanted to attend and testify today could not due to work commitments g. We need time to find legal counsel and bring them up to speed h. We want time to share our concerns with the Sheriff, OLCC, the Fire Marshall and other relevant parties. We have only managed to speak with one of these so far, and it took more than 1 week to get a meeting arranged. i. It's too important a matter to make a hasty decision PICTURES 6 1 - 2017-06-01 - 4 Peaks Music Festival - Google Earth Area Overview before event 7 2 - 2017-06-13 - Beginning of Setup 8 3 - 2017-06-15 - Thursday Evening 9 4 - 2017-06-15 - Almost Over 10 5 - Dust, Activity just across the fenceline 11 6 - Had trespassed to retrieve frisbee 12 7 - Camping right at our fenceline 13 8 - Camping outside of designated area 14 9 - Campers at our fenceline, Inquiries about our animals 15 10 - Campers close to the fence 16 11 - The View from Our Window 17 12 - Camping not in compliance with stated boundary from fence 18 13 - Dust on cars 19 14 - More Dust 20 15 - 2017-06-14 - Campsites at 8:17pm Wednesday 16 - 2017-06-14 - Campsites at 8:34pm Wednesday 21 17 - 2017-06-15 - Campers Staged at 10am and Existing Campers on Thursday 18 - 2017-06-15 - Camping Area at 11:40am on Thursday 22 19 - Sound hitting 78db at 8:26pm on Thursday 24 20 - 2017-06-15 - Sound hitting 80db at 10:04pm on Thursday 25 21 - 2017-06-16 17:39 - Festival Impact on Neighbors 22 - 2017-06-16 17:39 - Festival Impact on Neighbors 26 23 - 2017-06-16 17:39 - Festival Impact on Neighbors 27 24 - Sound at 68db at 10:17pm 28 25 - Car leaving our driveway at 10:28pm Friday. Wanted to pick up attendee. There despite signs. 29 26 - Sound at 67db on Friday at 10:49pm 30 27 - Uber Driver on our driveway at 10:15am Sunday 31 28 - 2017-06-18 - Cor on Driveway to pickup festival guest at 12pm Sunday 32 29 - Sound at 68db at 4:15pm on Sunday 33 30 - 2017-06-18 - Campers Still present on Sunday at 6:03pm 34 31 - Trans Canadian gas pipeline through the event 35 ••••• Sprint LTE 9:20 AM 7of 8 32 - Woman on acid, saved from drowning in irrigation ditch on neighboring property 36 The following is a comment I wrote in response to the news report/article done by KTVZ on the subject of 4 Peaks Music Festival. KTVZ interviewed us on Friday, June 16th, 2017. They also interviewed neighbor Susan Long and the event organizer, owner of 4 Peaks Presents, Stacy Totland. The news story broke Friday evening. Comments appeared from KTVZ readers/watchers, prompting me to provide more complete detail about the situation from our point of view. You can watch and read the original news article and all the comments at: http: //www .ktvz.com/new s/new-spot-old-shat-4-peaks-draws-fire-at-larger-venue/546137395 Here is my opening comment: Hello fellow commenters, I appreciate your comments and sentiment regarding the 4 Peaks Music Festival. Sure would be nice to have a quality conversation on the issues rather than one driven by sound bites and conjecture. As often happens, 15-30 minutes of interview gets chopped into mere seconds and poorly represents the whole story. Our situation and that of our neighbors wasn't well represented. Perhaps you will take a little extra time to read through my comment to get a better picture of our point of view. You don't know me. Seems silly to judge me, especially without more details. I am a lifelong musician and have a deep love for live music. I am not against 4 Peaks or music festivals. I have wide ranging musical tastes and have enjoyed some (not all!) of the 4 Peaks Music being forced upon us. I will get a chance to spend significant time inside the festival over the next two days. But, I am clearly against the current site of the festival. And I have significant issues with process of how the event came to be held at the Stevenson Ranch. And we are not alone. Neighbors on Bobcat Rd, Sholes Rd, Tekampe Rd and Knott Rd among others have legitimate issues. To better understand our initial concerns, you would have to read the package which was submitted for the outdoor mass gathering permit in December 2016. It includes a letter I wrote about our concerns and the direct impact on our family and property. If you are not small farm owners or haven't had to care for large numbers of animals you wouldn't naturally consider some of the problems we face. We have four kids and a large number of animals on our property. My daughters are highly competitive in 4H, FFA and OHSET. Our animal count fluctuates from perhaps 100-150 during the year. The girls have spent lots of money to buy and care for their animals. Many of the animals are exotic and expensive. They invest hundreds and hundreds of hours, caring for and preparing animals for fair and competition. They are competitive at the local, state and national level, achieving Grand Champion and Reserve Grand Champion awards in a variety of disciplines. Unfortunately, the animals are highly affected by noise and stress. The festival timing is at the absolute worst moment in their fair preparation schedule. We don't have an option to "just leave" for the weekend. To be completely safe for the animals, we would have to move most of them off of our property well before the festival and leave them at the alternate location until the county and state fairs are done (September). That's quite a life change for us to swallow. And we are not alone. Many of our neighbors have significant investments in animals of all sorts with similar potential losses to animals and property. We chose to buy Exclusive Farm Use acreage to accommodate these activities. We put great effort and consideration into where / which property suited our purpose. NIMBY? Doesn't fit. A NIMBY is someone who moves right next to an airport and complains after the fact in attempt to shut it down. Perhaps a better analogy would be moving next to the Les Schwab Amphitheater and then trying to stop events from being held there. Stevenson Ranch has never held a 4 day 3 night music event for 3000 people. And they haven't had an event of any kind for the 9 years we've lived on our property. There's no reason anyone could have foreseen such an OMG (Outdoor Mass Gathering) happening on land zoned for Exclusive Farm Use. Some of our neighbors have owned their properties nearly 50 years. They enjoy the peace and quiet as a major benefit to living on acreage. What gives 4 Peaks Presents and the Stevenson Ranch the right to take that away? Business? Pleasure? Do the surrounding property owners have any say in the matter, any rights? You may not be aware that outdoor mass gathering permits can be issued as often as every 90 days. While I don't know 4 Peaks plans, Tom Stevenson has said he's interested in holding additional events. We have also been told 4 Peaks intends to ask for a permit for 5000 next year with additional festival growth anticipated in future years. You might also understand that the event, if allowed to continue, will affect our property value. Should we choose to sell, we will be required to disclose the festival and it's impact to potential buyers. It's also easy to dismiss it as "just 4 days". I've mentioned the longer term impact on the animals, but even without them, the festival has approximately a week of setup time, 4 days of festival time and 72 hours of take down time, as currently permitted. There's also a clause allowing for up to 21 days after to finish removing temporary structures. And these are just the terms for this year's permit. What's stopping them from seeking a 7 day festival permit for 10,000 people or more with 3 weeks of setup time? Don't think it could happen? Again, why should the surrounding property owners be asked to give up the enjoyment and accustomed use of their property for 14+ days of the summer? Or substantially more should multiple OMGs take place or the length of each increases? Am I in the wrong for attempting to protect my children, their activities, their animals, our lifestyle and the value of my property? It might be helpful for you to understand that Tom Stevenson, 4 Peaks Presents and Deschutes County did not meet with or attempt to work with the neighbors during their initial planning. They did not respond to questions and comments we raised during the permit process. They never reached out to us to understand the extent and specifics of the impact. Disappointing, as they even call out our property as the one most impacted by the event. It might also surprise you that many of the affected neighbors were not even aware of the event until just a handful of weeks ago and feel completely blindsided. Some of that has to do with the notification process, some to the hard winter and its distractions and some to families that winter elsewhere. You likely don't know that the first attempt 4 Peaks made to connect with the neighbors was a meeting to be held at the less than convenient time of 4-6pm on Friday, May 26th, 2017, the start of Memorial Day Weekend and less than 3 weeks before the event. A nice gesture, but way to late to address the unknown concerns of neighbors. You probably don't know that we showed up at the meeting but 4 Peaks didn't. That led to considerable irritation and among the neighbors. We've also not had a chance to share about our face to face meetings with 4 Peaks and Tom Stevenson in the past 2 weeks, nor our conversations with the county, board of commissioners, representatives of the sheriffs office and a variety of qualified advisors. Have I forgotten to mention the countless phone calls, texts, emails and letters written that have taken place with regards to this event and its impact on the neighbors? Maybe you think 4 Peaks and Stevenson Ranch have gone out of their way to offer us help or compensation for our troubles? Nope. The subject of how they might help or steps they could take to mitigate our issues was never brought up by them. The conversation and attitude has been: permit issued, event happening, tough luck, deal with it. Some of you won't care, don't care and will just pass judgement. Some of you would be incensed by countless details in the above meetings and communications. It's a serious issue for us and others. It's not just a whim. It's not just "intolerance". Hopefully you're able to enjoy the music and have none of the possible challenges the festival poses. We've not been so lucky. The past few days have been a nuisance and life distraction. Ir is in our front yard. Not our choice. We're forced to deal with it. We're paying close attention to the animals. We dealing with dust. We're dealing with horses that are nervous and running in the pasture, worrying about their potential injuries. We have had to scoop trash out of our pond, blown in from the campsites. We've had to retrieve our dog who's made it all the way to the stage area twice. She's attracted to the food and people. She's never left our property the 3 years she's been with us. We've dealt with cars coming up our private driveway, during the day and after lOpm. We've had a large travel trailer pull into our driveway (On Wednesday during setup). No place to turn around on our property unless they drive on our lawn, so they had to back down the driveway into Knott Rd. without traffic flagger help. We've had Frisbee golfers along our fenceline. We've had people walking up to our fence, sometimes to talk, sometimes to look at our animals. We just never know when they'll come across to pet them or who knows? While I can't speak for other affected neighbors, let me be clear about what I think the solution is. Let's help 4 Peaks Presents find a more appropriate location. Why not find a 1000 acre place (or larger) surrounded by other large parcels in an area of Deschutes County that can better handle the traffic load? There are countless possibilities east of Bend. Many have fabulous views. If the event was held in the middle of such a parcel, the impact on neighbors could be nearly nil. I attended an event east of Bend last year on a site that might be perfect. With regards to Stevenson Ranch, I've got no issue with events that fit the character and history of the property. Keep doing equestrian events. Use the event center. If the crowd size is reasonable, it's a great use for the property. The event barn/arena are nicely located in the center of the property where they have the least impact on neighbors. If you've read this far, you have a bit better understanding of my position, but not who I am. If you're serious about getting to know me or have ideas to throw in the mix for making things better, I'm game for meeting over coffee or beer. Rest assured that we'll continue to apply appropriate pressure to do our best to steer the ship towards safer waters. It's my hope that 4 Peaks and Stevenson Ranch can find alternative solutions for their business endeavors that allow them to thrive without the impact on their neighbors. Steve Minar 2017-06-17 - 4 Peaks Comments on Nextdoor.com Online social network conversation regarding 4 Peaks. Online version can be accessed at: https://nextdoor.com/news feed/?post=54332420 Post in General Kathy Mina'', \A\1 «::.icJc i=,anc;l 9 4peaks letter Steve wrote to the news channel after their report last night- long but explains our views Hello fellow commenters,I appreciate your comments and sentiment regarding the 4 Peaks Music Festival.Sure would be nice to have a quality conversation on the issues rather than one driven by sound bites and conjecture. As often happens, 15-30 minutes of interview gets chopped into mere seconds and poorly represents the whole story. Our situation and that of our neighbors wasn't well represented. Perhaps you will take a little extra time to read through my comment to get a better picture of our point of view.You don't know me. Seems silly to judge me, especially without more details. I am a lifelong musician and have a deep love for live music. I am not against 4 Peaks or music festivals. I have wide ranging musical tastes and have enjoyed some (not all!) of the 4 Peaks Music being forced upon us. I will get a chance to spend significant time inside the festival over the next two days.But, I am clearly against the current site of the festival. And I have significant issues with process of how the event came to be held at the Stevenson Ranch. And we are not alone. Neighbors on Bobcat Rd, Sholes Rd, Tekampe Rd and Knott Rd among others have legitimate issues.To better understand our initial concerns, you would have to read the package which was submitted for the outdoor mass gathering permit in December 2016. It includes a letter I wrote about our concerns and the direct impact on our family and property.lf you are not small farm owners or haven't had to care for large numbers of animals you wouldn't naturally consider some of the problems we face. We have four kids and a large number of animals on our property. My daughters are highly competitive in 4H, FFA and OHSET. Our animal count fluctuates from perhaps 100-150 during the year. The girls have spent lots of money to buy and care for their animals. Many of the animals are exotic and expensive. They invest hundreds and hundreds of hours, caring for and preparing animals for fair and competition. They are competitive at the local, state and national level, achieving Grand Champion and Reserve Grand Champion awards in a variety of disciplines. Unfortunately, the animals are highly affected by noise and stress. The festival timing is at the absolute worst moment in their fair preparation schedule. We don't have an option to "just leave" for the weekend. To be completely safe for the animals, we would have to move most of them off of our property well before the festival and leave them at the alternate location until the county and state fairs are done (September). That's quite a life change for us to swallow.And we are not alone. Many of our neighbors have significant investments in animals of all sorts with similar potential losses to animals and property.We chose to buy Exclusive Farm Use acreage to accommodate these activities. We put great effort and consideration into where / which property suited our purpose. NIMBY? Doesn't fit. A NIMBY is someone who moves right next to an airport and complains after the fact in attempt to shut it down. Perhaps a better analogy would be moving next to the Les Schwab Amphitheater and then trying to stop events from being held there.Stevenson Ranch has never held a 4 day 3 night music event for 3000 people. And they haven't had an event of any kind for the 9 years we've lived on our property. There's no reason anyone could have foreseen such an OMG (Outdoor Mass Gathering) happening on land zoned for Exclusive Farm Use.Some of our neighbors have owned their properties nearly 50 years. They enjoy the peace and quiet as a major benefit to living on acreage. What gives 4 Peaks Presents and the Stevenson Ranch the right to take that away? Business? Pleasure? Do the surrounding property owners have any say in the matter, any rights?You may not be aware that outdoor mass gathering permits can be issued as often as every 90 days. While I don't know 4 Peaks plans, Tom Stevenson has said he's interested in holding additional events.We have also been told 4 Peaks intends to ask for a permit for 5000 next year with additional festival growth anticipated in future years.You might also understand that the event, if allowed to continue, will affect our property value. Should we choose to sell, we will be required to disclose the festival and it's impact to potential buyers.lt's also easy to dismiss it as "just 4 days". I've mentioned the longer term impact on the animals, but even without them, the festival has approximately a week of setup time, 4 days of festival time and 72 hours of take down time, as currently permitted. There's also a clause allowing for up to 21 days after to finish removing temporary structures. And these are just the terms for this year's permit. What's stopping them from seeking a 7 day festival permit for 10,000 people or more with 3 weeks of setup time? Don't think it could happen?Again, why should the surrounding property owners be asked to give up the enjoyment and accustomed use of their property for 14+ days of the summer? Or substantially more should multiple OMGs take place or the length of each increases?Am I in the wrong for attempting to protect my children, their activities, their animals, our lifestyle and the value of my property?It might be helpful for you to understand that Tom Stevenson, 4 Peaks Presents and Deschutes County did not meet with or attempt to work with the neighbors during their initial planning. They did not respond to questions and comments we raised during the permit process. They never reached out to us to understand the extent and specifics of the impact. uisappointing, as tney even caii out our property as the one most impacted by the event.lt might also surprise you that many of the affected neighbors were not even aware of the event until just a handful of weeks ago and feel completely blindsided. Some of that has to do with the notification process, some to the hard winter and its distractions and some to families that winter elsewhere.You likely don't know that the first attempt 4 Peaks made to connect with the neighbors was a meeting to be held at the less than convenient time of 4-6pm on Friday, May 26th, 2017, the start of Memorial Day Weekend and less than 3 weeks before the event. A nice gesture, but way to late to address the unknown concerns of neighbors.You probably don't know that we showed up at the meeting but 4 Peaks didn't. That led to considerable irritation and among the neighbors.We've also not had a chance to share about our face to face meetings with 4 Peaks and Tom Stevenson in the past 2 weeks, nor our conversations with the county, board of commissioners, representatives of the sheriffs office and a variety of qualified advisors.Have I forgotten to mention the countless phone calls, texts, emails and letters written that have taken place with regards to this event and its impact on the neighbors?Maybe you think 4 Peaks and Stevenson Ranch have gone out of their way to offer us help or compensation for our troubles? Nope. The subject of how they might help or steps they could take to mitigate our issues was never brought up by them. The conversation and attitude has been: permit issued, event happening, tough luck, deal with it.Some of you won't care, don't care and will just pass judgement. Some of you would be incensed by countless details in the above meetings and communications. It's a serious issue for us and others. It's not just a whim. It's not just "intolerance".Hopefully you're able to enjoy the music and have none of the possible challenges the festival poses. We've not been so lucky. The past few days have been a nuisance and life distraction. Ir is in our front yard. Not our choice. We're forced to deal with it. We're paying close attention to the animals. We dealing with dust. We're dealing with horses that are nervous and running in the pasture, worrying about their potential injuries. We have had to scoop trash out of our pond, blown in from the campsites. We've had to retrieve our dog who's made it all the way to the stage area twice. She's attracted to the food and people. She's never left our property the 3 years she's been with us. We've dealt with cars coming up our private driveway, during the day and after 10pm. We've had a large travel trailer pull into our driveway (On Wednesday during setup). No place to turn around on our property unless they drive on our lawn, so they had to back down the driveway into Knott Rd. without traffic flagger help. We've had Frisbee golfers along our fenceline. We've had people walking up to our fence, sometimes to talk, sometimes to look at our animals. We just never know when they'll come across to pet them or who knows?While I can't speak for other affected neighbors, let me be clear about what I think the solution is. Let's help 4 Peaks Presents find a more appropriate location. Why not find a 1000 acre place (or larder) surrounded by other large parcels in an area of Deschutes County that can better handle the traffic load? There are countless possibilities east of Bend. Many have fabulous views. If the event was held in the middle of such a parcel, the impact on neighbors could be nearly nil. I attended an event east of Bend last year on a site that might be perfect.With regards to Stevenson Ranch, I've got no issue with events that fit the character and history of the property. Keep doing equestrian events. Use the event center. If the crowd size is reasonable, its great use for the property. The event barn/arena are nicely located in the center of the property where they have the least impact on neighbors.lf you've read this far, you have a bit better understanding of my position, but not who I am. If you're serious about getting to know me or have ideas to throw in the mix for making things better, I'm game for meeting over coffee or beer.Rest assured that we'll continue to apply appropriate pressure to do our best to steer the ship towards safer waters. It's my hope that 4 Peaks and Stevenson Ranch can find alternative solutions for their business endeavors that allow them to thrive without the impact on their neighbors. Jur. i 11(:,1(zt iliui lux. r1:.. ii i C%c=i 'i t31 ) Thank i Reply 31 Replies i %c; i (, `i�1(tiUds d i(', N t l(;{ Jul Very well written. We are sorry that this has effected you and your peaceful home/ farm. We truly understand. One week after we closed on our home purchase on Sholes Road in November we were informed that there was a meeting about the festival. We hired an attorney to attend and protest on our behalf as we had not moved to Bend yet. It cost us $2000 to no avail. We also border the festivalProperty from the back. And thankfully only hear it when we are walking our dogs. I have heard from many that this festival brings lots of revenue and is well received by the towns it occurs in. We are not happy about it but it seems the city and county officials have already made their decision. Unless something significantly negative happens this year during the festival I'm afraid the neighbors protests will make little or no difference. I understand some are greatly affected and I understand the upset. We faced a similar issue on a neighbors Agriculture land in Maui and we fought it for a year and lots of $$$ to no avail. Needless to say we do not want a rerun of that stress and unhappiness in our lives. Thanked! I<<ii.l"ty I /iir a. \'Voodsiric i t<rica 1 will Thanks you for taking the time to read our perspective. We have been receiving a nraat riaal of r.ritirism fnr hainn intnlarant of a 2 day fastival Tha avant is actually from the 10-19 (time for set up, event and tear down) There were over 100 volunteers on the property camping prior to the event. We have pictures of this. So thank you for taking the time and being open. Thank J idy 10}114101)"e y. V\foodHdc R firth Tun We are fortunate in being far enough away (In Woodside) that the noise does not reach us much. However, I am appalled at the lack of public involvement in siting this festival, and lack of consideration for both people and animals. Someone mentioned another site farther out where a festival had been held, a site where there are no neighbors. Let's hope that site can be identified and the Stevenson ranch and the festival can be persuaded to relocate. Neither people nor animals should have to suffer for the sake of commercial opportunity. Thanked! Di Uov!. '\/\li",t.,ri: ( ( jun Kathy -I completely get how disruptive to your family & dangerous to your animals this festival is. 1 feel fortunate that so far where we are on Tekampe the noise is actually less than the Les Scwab concerts. As I worked one of my horses this morning he was nervous & very looky towards the festival. I think it was the boom boom of the bass we are hearing. He calmed down but it indicates that farm animals do notice out of the ordinary sounds. Those of us who have horses etc already know this but many people who come here from urban areas don't understand that it can be upsetting & frightening for them. Let's hope with some information gathering we can assist in finding a more suitable location for the future. Thanked! lrlike `>I(�II"I;�;i!", i)(:;-.Gill";f C'. \l\it r( (t:. 7 J.t,<l i Really? The Dream is over here. You got in too late, sorry for luck, or ignorance. Been here over 30 yrs 3 kids born here in Bend. Greedy developers made it.happen. Thank C('11('"'n k/!C:i.;orlih. I.iE:;c.',ii J";+::`; Hivcr What about baker pond noise and parties. Thank /<.'i Wocft.is I 1 Will My husband as I totally understand your position. I can only imagine the frustration and stress it is causing, not only to you and your family, but to your animals. The event people for 3 peaks certainly need to make changes that move it away from neighboring properties, if they plan on having it there in the future. It sounds like they have plenty of property to work with. Thanked! ( e)rry `(f (1(1<.;" ,C>iri.{Ivt t: .i I:t;i"I.:> • 18 Jun Thanks for posting. You've flipped my opinion after hearing your story. Funny how the news can steer your opinion on how it's presented, huh? ;) Do you mind if I repost? Thanked! ,:. L. f i `Tf?i:i)IC i"'�;�_�l"ici. (flt-1'".f"SIE: i`Rdc: F?(.? I;. Jur! Hi Kathy; I so totally agree with you!!!! :) I could hear the music last night at 9:30 p.m. clear over on Larsen Road; it needs to be moved elsewhere (out in the desert somewhere) Thanked! ;,, i„ie , ,tlF C':, *('.!1 1 ,>li"IC;I h.il I am so sorry you and your animals are having to deal with this. :: Thanked! I\il,;:r(:y Kirk. ,I n"ic.i,;.ri ;<. Ju!( Yes, so sorry about your animals. Thanked! jun It's interesting how hard the city and county can be to work with for some issues yet some events are permitted. No, we should not have this happening out in the areas that are private residences on acreage. They should be held out on open lands that do not affect people's homes and life. I will sign a petition to keep this from happening next year. Thanked! i",!llll) ,:(;1 -iv r;'(;Ili'K;i"i1(i!'. (1Ci:: i _II I have gone to 4 peaks with my family since it's tirst year 10 years ago. I'm not saying I'd love it in your situation, but I want you to know the people who run it are amazing, caring people. I don't know the stevensons. I do know that I always feel that my kids are safe there, and am always amazed at how quick things get cleaned up. I just got home today from camping in your beautiful setting- I only live down the street. There were defiantly some things that because it was it's first year in a new location, that will need to be looked at... like where the Rv parking should be.. things like that. I did come and go due to work and kids still being in school and I was impressed with how well traffic worked through, we all have been dealing with the mess on 27th for a long time, so this seems really minor to me. Anyway, I do hope you were able to come in and enjoy it a bit. I was one one of the people who hung out with your dog one of the times she got in, sweet girl. Thanks for sharing your view, my family, as always loved our time at an amazing festival that took a lot of work to put together, and we paid a lot to go to. Thanked! Just had a chance to read your well thought out and articulate letter. I stand in full support of every single one of your concerns and agree this was a poor choice for a venue such as this. Inca Thanked! Thank Ric !:_.iC)f)fll ili)I 1. ii(,!`.ci: k( ;'O .Bili Thank you for taking the time to write such a reasonable and articulate letter regarding this music festival. We are over on Arnold Market, and it sounded like it was next door ... I can only imagine how loud and irritating this must have been to your family (and animals). Something this potentially disturbing to any rural neighborhood should be at County Fair Grounds, which is specifically designed for such events. Thanked! (IC'4i('k':il:t£itzl i..j'"'l,itti"I F; (- va"1�\�<.>t.)j', ;it Jun I grew up on a cattle ranch and definitely understand your frustration. I knew nothing at all about it until coming home from CORA Friday afternoon. I found it an odd location. One would think they could find a better location, such as the massive RV park down 97 that 1 have yet to see full. You wrote a very thought out and informative letter. Thanked! I: rri e 1..and!1,t111(R-Iricc, ,Jul My opinion during the concert was Why complain about something that is only a 4 day event? Can't you live with 4 days of music so that the Stevenson Ranch can provide an enjoyable music filled weekend in beautiful sunny Bend Oregon? Thank you for a well written post. You have definitely flipped my opinion about the whole event. Apparently, according to the 4 Peaks Facebook page, the venue was a huge success. This was probably noted by the amount of people who attended and the amount of money the owners of the venue made. Incidentally, does anyone know if a percentage of the profits get donated to non-profit causes in Bend. Just curious! am a music lover myself and I realize that the venue provided a weekend enjoyment for the people who attended the event. I even thought the event was one of the best of its kind that I have been to. Your detailed letter has caused me to rethink my position on this issue. I agree, this event brings personal enjoyment for the people who attend and this event should be provided annually as it can be a great revenue generator for the owners and Bend but I also think that this is not the most ideal location for the venue. A less populated area would be ideal for this venue. As indicated in your post, it has a huge impact on your lives that can last more than a mere 4 days. This venue, violates property owners rights to free enjoyment as defined by real estate law. I guess that is why the property owners had to go to the city to obtain a permit. The city should have taken all this into account before granting the permit. Sounds like their focus was to provide enjoyment for all the attendees and of course pocket the money for the permit. I think the city should have required the owners to meet with the surrounding community at least 2-3 months in advance to discuss this issue. I would be curious to find out what the date permit was obtained. As defined by law, your property rights extend to the center of the earth and into the heavens above your property. I know money is not the main issue here but the music was heard from all around so by rights, you and surrounding property owners should have been compensated for your sacrifice.) think perhaps, you should share your post with other people on the community. I would start by posting on the 4 Peaks Music Festival Facebook page. I would also post the article in the Bend Bulletin; if need be, pay for a complete page in the Bulletin as an ad, although you will not sway the festival fans opinions, you will at least cause people to think about the bigger picture here and might aenerat possible solutions instead of rationalizing the benefit of the festival. I am not sure how other people who have posted feel, but I for one would gladly meet with you over a coffee or beer to discuss possible actions to relocate the venue elsewhere. Just let me know if and when you would meet and discuss. :: Thanked! to\!(' i\/Iil 1<Sf , VV0C.3d do' ! is i F(,i ! ,-) ,11.1.1 Hi Ernie!Thanks for the thoughtful message.l've not looked into or heard anything about 4 Peaks giving a percentage of their sales to worthy causes. They may very well do so, but I've not come across any details.4 Peaks implied before the event that they were not sure they would make a profit this year. I can understand their concern. Lots of moving parts. But the attendance was high enough that they had to open additional camping space outside of their permitted area. I have a rough count of over 1200 4 wheeled vehicles at the event site on Friday night. I suspect they exceeded gross income expectations and likely were beyond their permit allowance of 3000 people on the event site at any one time.The Deschutes County Commissioners are taking a close look at Outdoor Mass Gatherings. They have had a significant increase in requests along with a strong outcry about problems with the events, the permit process and followup by the county as the events take place.There seems to be no accountability to the specifics of the permit. During the 4 Peaks Music Festival, numerous violations occurred. The sheriff responded to perhaps a dozen or more issues but were unable to enforce the specifics of the event's permit. While there is the threat of fines, I suspect there's no follow through and the only real concern of the permit holder is whether they can do a good enough job hiding violation details when they ask for the next permit.The neighbors collected excellent documentation about this year's event and are working towards a solution. Our personal experience was worse than we expected in many, many ways. Our neighbors had similar experiences. Our general position is not against festival. It's encouraging the festival to happen at an appropriate site.A common question I've heard over the months of discussion is "why don't the hold it at the Deschutes County Fairgrounds? It was built to serve events exactly like this!" I believe there are two answers: cost and scrutiny. It's much cheaper to lease private land as compared to the cost of the fairgrounds. And the fairgrounds would impose significantly stronger enforcement of the no outside alcohol and no drug policy. Truth is, many of the participants want to use alcohol and drugs during the event. Drugs and alcohol were certainly in play during this year's event. Our neighbor rescued a woman who trespassed onto his property and fell into the irrigation ditch. She was high on acid and would not have survived if they had not nulled her out. Just one of many stories.l'm absolutely game for coffee or beer! I just sent you a message with my contact details.Best,Steve 111 to "lo.J You should post this on Z21 news Facebook page. Thanked! `. teV(,', i\%IIII<;f . \%\1oodsId{? ,tui Great idea Rhonda! I\/iiuh. ll(- AH>(,)llc>c:r. ! ick: acs: I id 6 Jul Steve & Kathy thank you for your well articulated posts. I live on Arnold Market Rd and was surprised at how loud the music was - I could hear it clearly at my property and was thankful I wasn't closer. I raise animals as well and they were reacting nervously to the loud bass rhythms. I have nothing against music festivals - I love music and attending outdoor events but I think the location for this event at Stephenson Ranch is inappropriate and would like to see it re- located. Thanked! ,Johi IS 01 n. \\% 0dskJ I-;;;.nch (3 Jul Has anyone tried a free legal service that could file a restraining order? I don't know much about it, but I do know that legal woes and costs often prevent festivals from occurring where they are not wanted. It is easier to change venues. Thanked! .icAr Mli i<,',i.. vvoo,Licie Sure would be nice to find a free legal service. Haven't found one myself. Legal remedies have and are being considered. Attorneys for some landowners have been involved. One thing we learned was: after the permit is issued, options are limited and likely expensive.The organizer has 10+ years of experience acquiring OMG permits and worked the system well to obtain a permit before neighbors really had a chance to know what was going on, question the permit and mount any sort of opposition.We believe there are options that could stop the event in this location. Neighbors are weighing how best to do so. It's my hope we can encourage and possibly help the organizer locate a more appropriate venue.l'd encourage everyone who would be happier with the festival at a better location to get the word out that we are looking for an appropriate site. We already have one such site being proposed that was suggested by a nextdoor.com participant! Ll'l ;Utiv\iF) C;!1b(:;I`{ Crl, ;`unoanc:e As a 4 peaks supporter, I knew the location had changed last summer. I bought my tickets in February, and looking at the facebook page the location was announced in December. It also was announced on the local news in December. I guess because I'm a supporter I get emails & am on their Facebook alerts, but I doubt you only heard about it in May? Again, I wish you could have enjoyed it. It really is a fun, family weekend with amazing music, friends, and children's activities. I realize I'm opening myself up for attack here as the minority, but I want people who have never been, to see the perspective of a person who has gone every year, and a mom who takes my kids and feels totally safe there. I'm sorry one crazy person on drugs (that were not allowed and cars & campers were throughly searched,) got off the site property and caused the rest of us to look bad. I've been in drake park lately and not felt safe. I've called the police from big sky park with my kids because some idiot was huffing paint at a children's playground. We can't control stupid people decisions... there are idiots everywhere we go. It's sad this one girl is enough "proof" for you to get the whole Nextdoor neighborhood to be anti 4peaks. Thanked! gig . ; GelGeli ji i �i"it�c;i��� ,:Cut l Esc>i Vr i 1 didn't think this is an "anti 4peaks" issue, Emily. It's a "site" issue. Thanked! Mica ic li>>;E. (-;Itd i;ci / ,!!ll Emily I think the fact that you are a "supporter" of the event made it much more likely that you were informed about the location. I regularly read the paper and follow local news outlets and I didn't know it was going to be held at Stephenson Ranch until 2 weeks before the event. So it's not really a stretch to believe that other neighbors didn't know about it until May. It raises the suspicion that the low level of information for members of the neighborhood was intentional although I have no evidence to support that conclusively. I am not an immediate neighbor to the event (I live on Arnold Market Rd.) but was shocked that I could clearly hear the music miles away from the event and noticed stress behaviors in my animals from the thrum of the bass noise. I can't imagine what it would be like to live on an adjacent property. I have never attended the event myself and have no objection to music festivals in general but 1 do have a problem with that location. Even as a supporter of the event 1 would guess you wouldn't be too thrilled if they held it right next to Sundance. | dont think many discussing this want to stop the festival, justre|noete it to a more appropriate venue. ) Thank Emi|ySchvvnrzenberyer�mx]unxo /Ju| Well that was not my thought when read the comment that was posted on my review of 4peaks on their FB page - my review was from 2015 by the way . ! i Thank ove MinorWvodeido JO Hi Emily! Thanks for your comment.My response to you is not intended as an attack, 1 hope you dont take it that way.Im just trying to answer some of your questions and fill in some details.I'd encourage another thorough read of the comments so far. Ive tried hard to express that Im not against 4 Peaks or against music festivals and attempted to be clear that the Stevenson Ranch site is a huge burden on othera, including us. I'm arguing for finding a better site, not for the festival's demise.I'm not aware of nor have I looked for the earliest possible way we could have publicly known of 4 Peaks intention to hold the festival at Stevenson Ranch. Perhaps they announced it on their website or through emails prior to notifications that were sent to select neighbors in late November 2016.! contend that the notification process is flawed. As 1 understand it:- only neighbors within a specific distance are required to be notified- notification need not be made until 2 weeks prior to the permit hearing- notification is made by first class mail to the address associated with the property recordln our case, we received a single page nondescript notice from Deschutes County about the public permit hearing just after Thanksgiving last November. The hearing was scheduled for Monday Dec 19. With Thonhagiving, guests, end of school ternn, kid events, work requirements and heavy snowfall, the innocuous letter remained unopened in a stack of junk mail for many days. When | opened it, | did a too -quick read and ignored it somewhat, thinking they were asking for a permit for a one afternoon/evening music event to be held in the event center/barn on Stevenson Ranch. I picked it up a few days later, perhaps a week before the permit hearing and realized it was for a 4 day / 3 night event and added the hearing to my calendar. | was still under the impression that it was to be held in the middle of the property. Details were really not provided in the notification. The notice suggested coming down w LI is twui ILy pia! n 111 viiwc u 1 u nr\c a L.vNy JI a is pct I1 Ill c4NNnL.cauvi I CIL GJ cents a page (More than 75 pages at that point, if I recall correctly). I intended to do so, but you might recall we were experiencing some of the heaviest winter weather in years at the time. We were trying to stay afloat with guests, animal care, school, work, etc. and were very busy just moving snow off our 1/4 mile long driveway. I did not get a chance to see the permit application or details of the festival until I attended the permit hearing on the 19th.Many of the neighbors never saw the notification. There are many reasons, including: - notification going to owner addresses vs renter addresses- notification going to corporate addresses vs home addresses- owners traveling during the holidays - simple oversight as the notice looked like junk mail- full time ranch managers / caretakers that aren't associated with the property recordln addition, we understand that part of the reason the event was sited on the eastern boundary was that it minimized the number of neighbors that they had to notify by law.) did go to the permit hearing, as did a handful of supporters and opposers. I was not opposed at the beginning of the hearing, just concerned. The details and its obvious impact on my property and family gave me no choice but to oppose the festival as planned on the Stevenson Ranch.i wrote 12 page single spaced letter outlining our concerns and our questions about the permit that was submitted to the Deschutes County Commissioners for their deliberation on the permit. My questions and requests for information from the organizer and landowner went unanswered. In subsequent video of the non-public meeting regarding the permit, the content of my letter was not discussed / considered in any obvious manner.An additional notification went out from the county on Jan 4, 2017 stating the permit had been approved. i received it on the 7th of January and opened it immediately. I found out after the fact that there is an appeal window of 10 days, meaning I only had 7 days upon receipt of the letter, had I known, to appeal. I do not know if the permit approval notification was sent to all of the neighbors that received the initial notification or just those that asked for notice or those that submitted testimony.) am not aware of any notification or communication attempts by the county, the landowner or the organizer to connect with neighbors from Jan 4th until mid May, when we received the letter from Stacy / 4 Peaks Presents inviting us to a meeting on Friday May 26, 2017. I'm unaware of the distribution list of this letter, but it was that letter that opened neighbors eyes. We had neighbors knock on our door after that letter arrived to make sure we were aware of the festival. As neighbors connected with neighbors, we found out a large majority had no idea what was happening. That lack of notification / late notification really irritated a number of people.It didn't help that we showed up for the meeting on Friday May 26th and the organizer did not. And the organizer didn't answer phone calls from the host/venue trying to find out where they were.I am glad you have enjoyed the festival and glad that you feel safe with your kids there. I have many friends and acquaintances that feel the same as you. I also have many friends and acquaintances who's experiences differ from yours. We have acquaintances who were camping and performing at the event that left early due to issues with organization, campsite neighbors and drug use. We have friends who have camped at previous events who were not able to sleep and were affected by others use of drugs, alcohol and noise. We have friends that assisted in a medical capacity who have shared numerous stories about drug problems. We have friends in the local ER who have outlined the substantial increase in drug admissions during the festival period.Drug and alcohol use are a part of the experience for some significant subset of the event goers. It's difficult to prevent. While you might have had a good inspection at the gate, that's not the case for all attendees. We watched the inspection process closely on Wednesday and Thursday and I'll attest to large numbers of campers coming onto the premises with zero scrutiny. We had a guest stay with us the day before the event began who had tickets for camping. They were able to enter the event with their camper van on Thursday before noon (no campers were supposed to be allowed on site until noon) with no inspection.) realize drug use & abuse is a part of life for some, it's popular at certain music events and it's not going away. That said, it's not an activity I want going on next to my home, kids and animals.I hope I've clearly stated my position about the impact that 4 Peaks at Stevenson Ranch has had on our family and our neighbors. The woman that wandered off the event site while tripping on acid and almost died in the irrigation ditch, tragic as it was, was just one event among many and I didn't intend for it to come across as my "proof'. It highlights a security issue and a drug issue and is an event that others were unlikely to find out about from 4 Peaks or the media.As I have written already, let's work together to help 4 Peaks find a venue that's more suitable for the event. i ;tic ri,.;; � I.krandii i. r..i Ii i�. i�:�� E,..c:; , j ,;;,, Certainly would be better way out in the forest, like the festivals they used to have. Hopefully next time the city will use their brains next time and keep everyone happy. Thank 01.11lsc:=1"). \0u1chl:;ioc: 7 Jd Dear Steve: Thank you for a well thought out and patient posting to explain your point of view. It is obvious you are not opposed to the festival but only wish to have it moved to a more appropriate location. It seems the main issue ic +he rni m+ , whin Anne nn+ rcni tiro onni inh nn+ifirofinn nv nrnner IJ VV ILI 1 1.11G L'JUI IIy vvl Ill L1'J 1 IVL 1cHullc cl IVuyl 1 1 IVUI K'QUVI1 VI Lipci notification to the neighbors of events. I don't know the solution but support you. I think you are reasonable, your thoughts are well thought out, and you are a very fair person. You are far more reasonable than I would have been. I wish I could offer more, but at least I can be supportive. Again, Thank you. 't Thank