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HomeMy WebLinkAbout2009-12-07 Business Meeting MinutesDeschutes 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 7, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; Anthony Raguine, Cynthia Smidt, Will Groves and Kristen Maze, Community Development; Laurie Craghead, Legal Counsel; and about a dozen other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Gladys Biglor, 62139 Cody Road, Bend, explained that she is representing herself and others who want to show their resolve in opposition to allowing events on farm land. They are concerned that this issue is going to resurface due to expert economic data in the file shows that there is no economic benefit to the County. They are also concerned about using County resources to pursue a topic; it should be something that concerns a large number of citizens and not a special interest. The majority of those who own farm land oppose this, and allowing these events is not for the greater good. They feel it would be a waste of the County's time to take this up for a small number of citizens. Commissioner Luke asked about the front door to the building, which allows a blast of cold air to enter each time it opens. Dave Kanner stated that a different type of entrance is being considered but has to be budgeted in capital projects plan. He said the State's new entrance cost $48,000. Discussion took place on the different types of doors that are options. The revolving door concept seems to be more efficient but is the most expensive. Discussion will continue. Minuses of Board of Commissioners' Business Meeting Monday, December 7, 2009 Page 1 of 10 Pages 2. Before the Board was a Public Hearing and Consideration of Signature of Document No. 2009 -657, a Noise Permit to Allow the Oregon Department of Transportation to Utilize the Powell Butte Highway Stockpiling Site. Commissioner Luke said he is familiar with the site and some of the neighbors. The Commissioners had nothing to disclose in regard to personal interest, bias, prejudgment or conflicts of interest. No challenges were offered. Anthony Raguine gave a brief overview of the item from his staff report. A couple of adjacent neighbors have given their comments against this project. Jay Davenport and Mike Darling of the Oregon Department of Transportation indicated that this site is one that ODOT prefers to offer to the contractor for this project. It is important to note that this site will be used for stockpiling materials related to excavation and small scale pipe work. This will not be a location for stockpiling of grindings, which is asphalt material used for road projects. The project is May through September 2010, and needs to be done at night due to traffic issues. This requirement protects the traveling public and mobility of freight during the day. This location is close and convenient for the contractor to store the materials. Much might be in the form of arrow boards and traffic cones, which need to be readily accessible. It is expected that most activity will occur at the beginning and ending of shifts — 9 PM and 7 AM. Mr. Davenport stated that this project picks up where the other left off, in the 10th Street and Purcell area. The pavement is in bad shape, and also bike lane and sidewalk work is needed. It is important for the community, and because of the high use the work has to be done at night. Chair Baney asked if there are any other options. Mr. Davenport stated that the contractor can use its own staging area. It is in the best interest of the agency to provide a publicly -owned site, which reduces the cost of the project. There is also more control of the stockpile site in regard to environmental concerns. The contractor has specifications to meet while using public sites. Commissioner Luke asked if the project will take the entire 4 -1/2 months. Mr. Davenport said that they would start mid -June and go through September 30. This is the entire project, which includes drainage, paving, sidewalk work and paving. The contractor will probably use the site for storage of traffic control equipment. Minuses of Board of Commissioners' Business Meeting Monday, December 7, 2009 Page 2 of 10 Pages Commissioner Luke asked if they will stock gravel on the site. Mr. Davenport stated that they would need some for drainage purposes. Commissioner Luke stated that the traffic control equipment could be stored at the County Road Department. So all they would need there is the gravel that is removed. Mr. Davenport said that they'd have to store sidewalk concrete as well. Commissioner Luke stated that they could haul the old material during the day. There cannot be grindings there. Mr. Davenport said there is already some grindings there already that is owned by ODOT. The contractor may also want to stage his equipment there. Chair Baney stated that once the contract has been put into place, perhaps the County could provide a location for some of the equipment and perhaps materials as well. Commissioner Unger asked how far the project is from the site. Mr. Davenport stated that it is about 2 miles away, at Highway 20. Commissioner Luke said that Highway 20 has less traffic than Highway 97. The noise would travel a long way in this type of rural setting. The County has had partnerships with ODOT before and perhaps some kind of arrangement can be reached. The Division of State Lands also owns a lot of land in the area. Also, this involves four months and potentially 24 hours of impacting the local residents. He understands the reasons for the work but he wants to see the impact reduced to local residents. Mr. Davenport stated that some of these concerns can be addressed at a pre - construction meeting with the contractor. He said that a noise study had to be done, and it shows that the decibel levels at adjacent properties at 300 feet or more is at 44 to 48 decibels. ODOT allows 50 decibels, and does not include the positive impact of vegetation that can reduce the impact. Chair Baney stated that this area was affected at the Bend Airport expansion, which included blasting and went on for a longer period of time. This is nothing close to that. Mr. Davenport stated that the site has been in place since 1940, and it has been in continual use since then for maintenance and construction activity. It was used at night in the past for four projects. Mr. Davenport added that the staging area for the Parkway project was located near Colorado Avenue, and no complaints were received from the nearby neighbors. Minuses of Board of Commissioners' Business Meeting Monday, December 7, 2009 Page 3 of 10 Pages He provided photographs of the proposed staging area to Community Development. Gladys Biglor testified that it appears there are a lot of options available for this particular situation. Because of that, she would like to see the planner look at other options first. Also, she spent a career with the U.S. Forest Service and logging operations, and when they were close to residential areas, they adjusted operations to not start too early. The State should be able to do the same. She also said that if there is a need to use the site for this project, some of the requirements during the airport project should be used in this case also. For instance, putting people into decent motel rooms, and having the contractor and residents work together. Chair Baney stated that the Division of State Lands is not zoned for this and it would be a lengthy process to get it approved for this use. Ms. Biglor stated that she would like to see areas used that do not impact residents. It is a bit farther to go. The U.S. Forest Service has areas that they might be able to trade off for this. It is reasonable to investigate this. Perhaps noise ordinances should not be required at all. Chair Baney stated that they can already use the site during daytime hours; this just involves night use. Leslie and Harry Ketrenos said he lives in close proximity to the site. He read a statement voicing his objection to the noise permit, which would disturb the residents all summer. It appears the citizens of the area are to have to live with noise, with event going on for years and the airport project, and now road construction. It is unacceptable and wrong to subject them to this noise harm. This is a quiet area at night normally. The State and City seem to feel this is a slam -dunk, as they are already stockpiling material there. He has another neighbor, Doris Kammershen, who lives very close to the site but could not attend today, who also objects. He submitted her letter for the record. Commissioner Luke stated that there were no complaints at the Colorado Avenue site, per ODOT. If they put the safety equipment the same site as the Parkway project, and the contractor can occasionally unload a dump truck of material at the subject site for part of the time, would this work. Minuses of Board of Commissioners' Business Meeting Monday, December 7, 2009 Page 4 of 10 Pages Mr. Ketrenos stated that he worked in contracting for years, and sometimes contractors will not follow the rules. Commissioner Luke said that there are always ODOT supervisors on job sites for bigger projects. Leslie Ketrenos explained that she objects to the permit; that is wrong to subject the neighbors to noise all summer. She is not sure why they need the noise permit, if they could start prior to 9 PM and not after 7 AM. Giving them a blank check for this is not right. There are other options. The lot has been there for many years, and there has not really been much night noise. The Forest Service has a contract to store items there and it is normally used during the day. They live about 1/3 mile from this site. Sonya Gregory is opposed to the night noise, and asked that consideration be given to past issues. They were not supported on the wedding event issue, and she could not get her cattle bred properly, has had to bring a barn for cows that normally is not necessary, so spent a lot of money protecting herself from the event noise. She does not have air conditioning and windows need to be open at night, so there is no protection from that type of noise. Dave Spicer said he and his wife, Melanie, live directly across the highway from the site, about 90 yards south of the road. He asked about the activities expected there. He thought it would be all night long noise and backing of trucks. Chair Baney said that they don't know which contactor would be used yet. If there is a pit nearby, they might not need it at all. In order to put out the contractor, they have to let the bidders know what is expected, which is why it is vague at this point. Mitigation and other factors need to be included. Mr. Spicer said that they object to the permit (he read a statement at this time). His home is also a bed & breakfast, and guests might not appreciate nighttime disturbances. They could potentially lose all of this business. Walter Fleming testified that he lives the closest. Grinding or moving around sand or gravel makes a lot of noise and is sure to disturb his family. Barbara Whitten lives directly across the street from the site. The house is set towards the front of the property. She has lived there for twenty years, and hears some noise from the site at night occasionally. She is sympathetic to citizen testimony, especially the owners of the bed & breakfast, who can be financially impacted. Minuses of Board of Commissioners' Business Meeting Monday, December 7, 2009 Page 5 of 10 Pages She mentioned that the project is not near the site, but is about 2.5 miles. At this point, finding another location should be considered. She feels that there will be more activity and noise rather than less. This also sets precedence for this type of activity in the neighborhood, which could impact the future. She also supports the idea that the noise impacts the farm animals. Utilizing EFU land is difficult enough as it is. Marcia Vogel and her husband, Mike, plus other neighbors remember a period a few years ago when there was a lot of nighttime activity at the site. They moved there to get away from town and trains, and live a quiet life. They got a conditional use permit to have a small upholstery business on their property, and it is very strict. She agrees that this should not be allowed. Commissioner Luke observed that these situations are difficult, but there are a lot of traffic and safety concerns with this type of project now. He asked if there is a way to divide up the sites, and use other sites for most of the work. Mr. Davenport stated that is hard to speak for the contractor. Commissioner Luke stated that the contractor will do what ODOT wants him to do. Mr. Davenport stated that the problem is that it gets into more enforcement from ODOT, if there a lot of specifications imposed. They are trying to minimize the time and oversight of the contractor. It would be easier to monitor one site. Commissioner Luke said that this is not a secure site either. There is the landfill, Misstate Electric and the Road Department that might be options, and not that far away. Mr. Darling stated that he would like to work with the County on the idea of temporary storage of equipment at least. Chair Baney said that she feels there are too many unknowns at this time. She asked if it is possible to get a contractor in place so some of this information might be known. Commissioner Luke said that some bidders might come from another location; someone local might have a location to set up. This has to be in the bid. Mr. Davenport stated that this has to be fully detailed to avoid potential cost overruns. Commissioner Unger added that there needs to be a level playing field. There is time to figure out this situation. Mr. Jennings said the documents have to be prepared and a final decision by January. Minuses of Board of Commissioners' Business Meeting Monday, December 7, 2009 Page 6 of 10 Pages Commissioner Luke said there is a road next to the Humane Society that is a public road, next to the Department of State Land's property and County land. Chair Baney reminded him that a noise permit would still be required. Commissioner Luke noted that they said work would start around 9 PM and 7 AM, so no noise permit would be needed. Mr. Davenport stated that this involved nighttime construction activity, between 9 PM and 7 AM. He is not saying that they would not utilize the site between those hours. He added that this would be Sunday night after 9 PM through Friday 7 AM. Chair Baney noted that this part of the County has had its share of issues like this and there is an added concern about the noise issue. Commissioner Unger asked about control over the property. He feels that something that is close to homes is an issue. He asked if there is a list of what type of uses might come into play. Mr. Davenport said that using a non - agency owned property requires an environmental study first. They need the site to be environmentally cleared, as the State could inherit a lot of work if things did not go as planned. Chair Baney asked if an agency to agency agreement could be structured. Mr. Davenport said yes, but there still are clearances needed. Commissioner Unger asked if, for instance, Hooker Creek would need a permit for its site. Mr. Davenport said that they would for nighttime work. Anthony Raguine clarified that the notice was specific to this site, so if it is in another site the notification process still has to be pursued. The requirements would be the same. Discussion occurred about continuing the hearing or how to pursue this issue. Commissioner Luke asked if ODOT could provide some answers to various concerns. Mr. Davenport said they would need at least a couple of weeks to pursue other options and talk to agencies. The hearing was continued to the regular meeting of Wednesday, December 30. 3. Before the Board was Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2009 -023, Amending Code to Make Technical Changes to the Deschutes County Sign Regulations. Cynthia Smidt briefly discussed the Ordinance. Minuses of Board of Commissioners' Business Meeting Monday, December 7, 2009 Page 7 of 10 Pages LUKE: Move first and second readings by title only, declaring an emergency. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Chair Baney did the first and second readings by title only. LUKE: Move adoption. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 4. Before the Board was of Signature of Document No. 2009 -687, Amending Documents Authorizing Partial Release of Improvement Agreement Bonds (Caldera Springs Destination Resort). Will Groves said this is a minor amendment to the figures supporting the bonding amount. UNGER: Move signature LUKE: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 5. Before the Board was of Signature of Resolution No. 2009 -135, Ratifying Oregon State Grant Application for 2009 -11 Submitted by the City of Bend for the Deschutes County Historic Preservation Program. Kristen Maze explained the item. There has been a lot of turnover in the Historic Preservation Program staff. Pat Kliewer used to oversee the program and it was well managed then. Since she left, there have been changes handled by the City of Bend on behalf of the Historic Landmarks Commission and others. City of Bend staff was to manage this grant and sign documents related to the grant, of which the County got a small portion. Minuses of Board of Commissioners' Business Meeting Monday, December 7, 2009 Page 8 of 10 Pages The State has been submitting funds to the County, and the County disburses it to the City. The County is the historic agency and a City planner applied for the grant, on behalf of the Historic Landmarks Commission. Laurie Craghead stated that there should have been an intergovernmental agreement between the City and County on how this was to be handled. Ms. Maze said the application was approved but the funds have not yet been disbursed. The County is working on part of it as it is involved in the Comprehensive Plan update. No requests for funding have been submitted. This should have been handled with the grant application coming before the Board, and handled just through the County. This happened due to staffing issues at the City level and no one being clear about the process. She does not believe that the City Council has addressed this; that a staff person had signed it. Commissioner Luke asked if the grant can be transferred to the County. Ms. Craghead said that in the past in similar situations, the checks were made out to the County. This was discovered as part of the internal audit process. She helped write the resolution, and assumes the City would go through the same process if they are a co- applicant. LUKE: Move that the document be modified eliminating the wording about being a co- applicant with the City of Bend. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. LUKE: Move approval, as amended. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. 6. Before the Board were Additions to the Agenda. Dave Kanner said the 911 Operating Agreement as approved in 2004 states that the Executive Board requires that an elected official or designee be involved in hiring and firing matters, representing the County. Minuses of Board of Commissioners' Business Meeting Monday, December 7, 2009 Page 9 of 10 Pages He is not aware at this time whether this Board of Commissioners has officially designated anyone for this in the past. It appears there is no such designation in place at this time. The Board went into executive session at 11:50 a.m., and reconvened as the Deschutes County Board of Commissioners at 11:57 a.m. LUKE: Move that the County Administrator be designated to work with the 911 Executive Board pursuant to Article 4, Paragraph G, of the operating agreement between Deschutes County and the Deschutes County 911 Governing Body. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Being no further items addressed, the meeting adjourned at 12:03 p.m. DATED this 7th Day of December 2009 for the Deschutes County Board of Commissioners. `> ATTEST: Recording Secretary Tammy Baney, Chair A Dennis R. Luke, Vice Chair Alan Unger, Commissioner Minuses of Board of Commissioners' Business Meeting Page 10 of 10 Pages Monday, December 7, 2009 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHLTTES COUNTY BOARD OF COMMISSIONERS 10 :00 A.M., MONDAY, DECEMBER 7, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign -up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. A PUBLIC HEARING and Consideration of Signature of Document No. 2009 -657, a Noise Permit to Allow the Oregon Department of Transportation to Utilize the Powell Butte Highway Stockpiling Site — Anthony Raguine, Community Development 3. CONSIDERATION of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2009 -023, Amending Code to Make Technical Changes to the Deschutes County Sign Regulations — Cynthia Smidt, Community Development 4. CONSIDERATION of Signature of Document No. 2009 -687, Amending Documents Authorizing Partial Release of Improvement Agreement Bonds (Caldera Springs Destination Resort) — Will Groves, Community Development 5. CONSIDERATION of Signature of Resolution No. 2009 -135, Ratifying Oregon State Grant Application for 2009 -11 Submitted by the City of Bend for the Deschutes County Historic Preservation Program — Kristen Maze, Community Development 6. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Monday, December 7, 200' Page 1 of 5 Pages Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities, For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated If you have questions regarding a meeting, please call 388- 6572.) Monday, December 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, December 9 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, December 10 11:00 a.m. Regular Update with Health and Human Services Tuesday, December 15, 2009 1:00 p.m. Official Signing of Greater Sisters Community Wildfire Protection Plan — Sisters Fire Department Community Hall Wednesday, December 16 11:00 a.m. Oregon Youth Challenge Graduation Ceremony 2:30 p.m. Administrative Work Session — could include executive session(s) — Please note later time! Thursday, December 17 9:00 a.m. Regular Update with the Sheriff's Office 11:00 a.m. Regular Update with Community Justice Board of Commissioners' Business Meeting Agenda Monday, December 7, 200') Page 2 of 5 Pages Thursday, December 24 Most County Offices will be closed to observe Christmas (unpaid day off) Friday, December 25 Most County Offices will be closed to observe Christmas Thursday, December 31 Most County Offices will be closed to observe New Years (unpaid day off) Friday, January 1 Most County Offices will be closed to observe New Years Monday, January 4 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Tuesday, January 5 1:30 p.m. Meeting of Full Budget Committee — Overview and Update Wednesday, January 6 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, January 7 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall Wednesday, January 13 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, December 7, 200') Page 3 of 5 Pages Thursday, January 14 7:00 a.m. Regular Meeting with the City of Redmond Council, Council Chambers, Redmond Monday, January 18 Most County Offices will be closed to observe Martin Luther King, Jr. Day Wednesday, January 20 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, January 21 11 :00 a.m. Meeting with Commission on Children & Families' Board and Department Monday, January 25 10:00 a.m. 1:30 p.m. Board of Commissioners' Meeting Administrative Work Session — could include executive session(s) Wednesday, January 27 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, February 1 10:00 a.m. 1:30 p.m. 3:30 p.m. Wednesday, 10:00 a.m. 1:30 p.m. Wednesday, 10 :00 a.m. 1:30 p.m. Board of Commissioners' Meeting Administrative Work Session — could include executive session(s) Regular Meeting of LPSCC (Local Public Safety Coordinating Council) February 3 Board of Commissioners' Meeting Administrative Work Session — could include executive session(s) February 10 Board of Commissioners' Meeting Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, December 7, 200' Page 4 of 5 Pages Monday, February 15 Most County Offices will be closed to observe Presidents' Day Wednesday, February 17 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, February 22 10:00 a.m. Board of Commissioners' Meeting 12:00 noon Regular Meeting with Department Directors 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, February 24 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, March 1 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, March 3 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 4 10:00 a.m. Quarterly Update with the District Attorney 11:00 a.m. Quarterly Update with Community Development 1:30 p.m. Quarterly Update with the Road Department 2:30 p.m. Quarterly Update with Solid Waste Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Monday, December 7, 200 Page 5 of 5 Pages n %'s+ Z� BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: . 1:1 r � ;� Date: Name Address 61 a s . / -- a ,A.) -(./ Phone #s E -mail address In Favor Neutral/Undecided (1( Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: Name Opposed No Date: el Address r-' j 'c, Ec/ Phone #s 5L- ,,. E -mail address hi /4";-_ In Favor Neutral/Undecided Submitting written documents as part of testimony? )< Yes If so, please give a copy to the Recording Secretary for the record. Opposed No Agenda Item Name BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK of Interest: , /14" , ",h c A Date: ( /j /d Address G p_ 1 ( 13 alb Dom, Phone #s 5- V/ )- 7 E -mail address In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: A io t Name Address Phone #s J n.UF, /-(v\./ Q_D ■'51-kko q )(9 sl( - 3ya- G(-)o E -mail address In Favor Date: /%i -7 `;�� Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. --flpposed No TES BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: / 0 x i % Date: - > - 05' Name 4 4, 7/67 Address Phone #s 1 E -mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: f �- , 9 — Name T 14 de4/ Address �Zj� ��%/ /6c7 74-O fi\cp Phone #s E -mail address In Favor 5,y1- 5(2_ 9�0� Date: No Neutral /Undecided 7r Opposed Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: ^... )L.) /S.. Name /-44 _ 111 Address 6- Date: .J ;,: c' 7 Phone #s S y/ .3 41 E -mail address / / /4,�E = /, C In Favor Neutral/Undecided s Submitting written documents as part of testimony? X/ Yes If so, please give a copy to the Recording Secretary for the record. TES w 0 { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Name Address rc? ( a 1 k_2-2'N 5 LI I ,o-7iud,( ea& AA7 p e c) R ?-77N Opposed No Date / - 7 Phone #s E -mail address In Favor Neutral/Undecided Submitting written documents as part of testimony? Opposed Yes 7:1 No 0 0 ID 1 10 11 12 13 14 15 16 17 18 19 20 21 22 's9 US20 Purcell to Am TTask Name Notes 1 Duration US20 Purcell to Arnold Ice Caves 117 days Bid Opening bid let 0 days Award, Execution, NTP of Contract 52 edays Mobilization and Precon 2 wks Clear & Grub for sidewalk work 5 days Materials for Manholes HDPE and water quality manholes 3 wks Sewerline work at 27th City of Bend - Detour 5 days Drainage inlets and pipe 500 ft of pipe, 20 days Colorado Interchange Drainage rehabilitate dry wells 10 days Sidewalks (including ADA ramps) new walk on East end, replace removed walk due to drainage wk 10 days Rock Production Most likely using commercial source 4 wks HMAC Paving Mainline 4 lanes and center median,avg 1800 ton(shft 7 days HMAC Paving Bike Lanes separate mix 2 days 0, HMAC Paving Turn Pockets after mainline 2 days Signal Work - Order Cameras 60 days Signal work - Install Cameras New cameras at Purcell 10 days Signs - Survey for Signs 10 days Signs -Shop Drawings 5 days Signs - Order sign materials 30 days Signs - Install sign supports and signs 10 days Striping - Permanent Striping & Legends Inlaid tape 23,000 ft, legends 10 days Project Completion 1 day Page lo gold Ice Caves.mpp Start i Finish I Predecessors Apr 22 '10 Oct 1 '10 Apr 22 '10 Apr 22 '10 Apr 22 '10 Jun 13 '10 2 Jun 14 '10 Jun 25'10 3 Jun 28'10 Jul 2'10 4 Jun 28'10 Jul 16'10 4 Jul 19 '10 Jul 23 '10 6 Jul 19'10 Aug 13'10 6 Jul 19'10 Jul 30'10 8 Aug 16 '10 Aug 27 '10 8 Jun 28 '10 Jul 23 '10 4 Aug 30'10 Sep 7'10 10,11 Sep 8'10 Sep 9'10 12 Sep 10'10 Sep 13'10 13 Jun 28'10 Sep 17`10 4 Sep 20 '10 Oct 1 '10 15 Jun 28'10 Jul 9'10 4 Jul 12'10 Jul 16'10 17 Jul 19'10 Aug 27'10 18 Aug 30'10 Sep 10'10 19 Sep 14'10 Sep 27'10 14 Sep 30'10 Sep 30'10 f1 April 1 Ma v 1 June 1 LAuoust 1 j September 1 f Octol er 1 1 December 7, 2009 Re: SOP -09 -1 Noise permit for ODOT Dear Board of County Commissioners, I wish to voice my objection to allowing this noise permit as a neighboring property owner. I feel it is wrong to subject neighboring properties to noise for an entire summer during normal sleeping hours. What is wrong with using the pit area at the base of Horse Ridge for this activity? The state has to have a gravel lot in the general Bend area for maintaining roads in the winter that could be used. Or if insistent on using this lot for road construction purposes then it should be done during times a noise permit would not be required. Rest is important to people's health and this noise would make sleeping almost impossible for an entire summer. Noise was bad enough when the airport was constructing the runway and that was 3 miles away and not less than 1/3 mile away. Please deny this noise permit and let these noise weary people have a break! Thank you, /Wq Leslie Ketrenos 62237 Powell Butte Hwy. Bend, Or. 97701 S ly\ - -r 12-7 - O 0' Re: SOP -09 -1 Noise permit for ODOT Dear Board of County Commissioners, As neighbors to this lot I wish to voice my objection to allowing this noise permit. Why should neighbors have to be subjected to this noise and loss of sleep for the convenience of the city /state for the entire length of the summer? If it were for a couple of days or even at the most two weeks I could understand and live with it but to ask us to loose sleep the entire summer is just not acceptable. It appears the citizens of this area are supposed to live with noise. We have suffered through weddings/events with no relief from noise during the days and evenings for 4 summers now. We have had to live with construction noise from the airport which is 3 miles away... now you are asking us to live with even more noise in normal sleeping hours all night long for an entire summer. Again I feel this is totally unacceptable and wrong to subject me to even more noise harm. Despite what seems to be believed this area is very quiet during the hours of 10PM to 7 AM. There is little traffic during those hours. It appears the state/city expect this to be a slam dunk at the neighbors expense as they are already stockpiling supplies there. I implore this board to PLEASE give us a break and deny this noise permit. Harry Ketrenos 62237 Powell Butte Hwy Bend, Or. 97701 l2- Z - -01 (JP W-e-k - - December 7, 2009 Re: SOP -09 -1 Noise permit for ODOT Dear Board of Commissioners, As a neighbor to this lot I wish to voice my objection to allowing this noise permit. I am a very light sleeper and live almost adjacent to this lot. My bedroom window faces it and is approximately 500 feet away. I do not wish to be denied sleep for an entire summer. I have to work and could not function in my profession if I don't get proper rest. It is unacceptable to subject neighboring properties to noise in normal sleeping hours for an entire summer. One or two days would 6a still be too many days in my opinion given my close proximity to this lot. Our neighborhood is quiet during those hours despite being near a major highway and arterial road. I urge you to deny this request. Doris Kammershen 62221 Powell Butte Hwy. Bend, Or. 97701 ' 1/.0, .7-7-21"vtelio 12-7 —Oct �., x.009 Objection to Noise Permit SOP -09 -1 To: Deschutes County Board of County Commissioners. From: Dave and Melody Spicer, 22035 Hwy 20 E, Bend OR 97701, 541- 390 -6170 We are writing these remarks in opposition of allowing a Noise Permit for DOT to operate a construction staging area directly across the street from our home during the hours of 10 pm to 7 am from May 15 2009 to Sept 30 2009. The peace, quiet, comfort or repose of us and other persons will be disturbed by the activities allowed by this night time noise permit. The nature of the sound of heavy equipment, back -up warning bells, trucks shifting gears and using compression brakes (jake brakes) into and out of the site. The loading and unloading of materials. Dumping and then reloading materials from the construction site and the moving of the materials within the site. These are all activities that will cause us Toss of peace, quiet and comfort, and potential the loss of our home and property. Our home is also our business, a Bed and Breakfast, t he source of our income that pays the mortgage. Not only is our personal peace and quiet going to be lost but that of the guests that stay in our home. The noise from a staging site that is operating all night long is potentially a worse case scenario for us. If we inform potential guest of the construction staging site across the street that will be operating all night long, while they are going to be at our house, they will probably reconsider staying with us and find somewhere else to stay that will offer them a quite night's sleep. If we don't inform them of the all night noise of a construction staging site. They may decide to write a negative review of their stay with us online when they get home. Because of their unpleasant experience, future potential guest will read the negative reviews and not book with us. Reviews are the number one reason potential guest decide to stay with us. If the question is how many persons will be effected by this noise. Our busy season of hosting guest coincides with the requested noise permit timeline. In 2008 we had 313 rooms booked and in 2009 we had 271 rooms booked during the May 15 to Sept 30 timeline being requested by this noise permit. At 2 people per night per room. That would be 626 people for 2008 and 542 in 2009 that would be impacted trying to get a good's night sleep across the street from the proposed construction staging site. In summary......We believe the all night activity directly across the street from our home and Bed and Breakfast could impact us so adversely that we will lose our reputation as a great bed and breakfast place to stay and thus loose the revenue and the ability to pay our bills /mortgage resulting in the loss our property. So, yes we believe we will be adversely affected by this proposed noise permit. Respectfully submitted, Dave and Melody Spicer v L A- jke.k-w\x"vL-t- - Tau Ma P siipry.4-eS 172_ - 0 A "i5ES0YEMTT PURPOSE OIDLY. REVISED: 05/19/2003 SW1 /4 SEC. 31 T.17S. R.13E. W,M. DESCHUTES COUNTY 1. • 200' 17 13 31C 13 31C Julie R Van Epps Frank and E. Louise Wagner 22075 & 22095 Bear Creek Road Bend, OR 97701 December 1, 2009 Community Development Department Planning Division 117 NW Lafayette Ave. Bend, OR 97701 -1925 pEC RE: File Number, SOP -09 -1 Noise Permit Oregon Department of Transportation Location: Deschutes County Assessor map 17- 13 -31, tax lot 700 To Planning Commissioner /Administrator. Please be advised and take notice that we, Julie R. Van Epps, Frank Wagner and E. Louise Wagner, owners of 22075 and 22095 Bear Creek Road Oppose the issuance of the aforementioned Noise Permit. The equipment noise which will arise from the proposed activity will be an Extreme Nuisance and Liability. We live away from town to avoid such and, we operate two businesses which are animal based. A dog boarding facility in which We have adhered to All Required Noise Control Standards as well as a Horse Breeding Operation dealing with High -Value Livestock. The proposed noise will be detrimental to our businesses as well as shatter the current level of "country - living" we are accustomed too. We know that there are ample locations located not too far further east that would be better recommended for the proposed activity. ank youforyour time, Julie R. Van Epps Frank J Wagn E. Louise Wagner uloynci -e-S? 1z-7 -07 44--;1V9-17 DII�i�(2...r I/oy�l �252/ p� 4 � A/t)Jy --R6Y` a�71�nr�iN� 7 rr� 5 V ,f - 7at6 9 e -fYi5 wise, fer3"-ri;f O b-ro kao-e, 6)66,,ed -` 7 J 4-0 0-m Nd -(' a =k ooy Gr7 ;;64 ‘4-e •c- ),‘) 6L, -41 DT No e J pr 0 '`s - r T &wry ; GL rl (�7f� I D GL- 1` �`eJ� r utu/twr r /ay ) y5 lee-f, -T: et)" ).„,7 �her.5 c F 0( Gy`' y