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HomeMy WebLinkAboutOpposed OMG LtrOPPOSED Page 1 of 1 Kristen Maze From: Tammy Melton Sent: Thursday, May 01, 2008 1:23 PM To: 'JERRY DUBLIN' Cc: Kristen Maze Subject: RE: Hi Mr. and Mrs. Dublin - Thank you for your email; I very much appreciate you taking the time to weigh in on this important decision. Please know that although I have received numerous emails relating to this issue; I do read each one. In addition, your comments have been forwarded for inclusion in the public record. In Partnership, Tawtwt,u (Baweu) Mel.tow Deschutes County Commissioner Office: 541 388-6567 Cell: 541 419-2233 From: JERRY DUBLIN [mailto:jandsdublin2@msn.com] Sent: Thursday, May 01, 2008 11:27 AM To: Board Subject: Greetings; I am writing to hopefully, have you consider NOT issuing a permit for the FOUR PEAKS MUSIC FESTIVAL. This is probably one of those events, that will quickly spread and get out of hand. Unfortunately, some people who attend these, have absolutely no consideration for other people or their property, let alone, the noise, fire hazard, road congestion, etc. PLEASE PLEASE...DO NOT ISSUE A PERMIT FOR THIS EVENT! There are so many other good things to do in the county. Thank you for listening. Mr. and Mrs. Gerald Dublin Tumalo 5/1/2008 April 28, 2008 Deschutes County Board of Commissioners File Number: OMG-08-1 Applicant: 4 Peaks Presents, LLC Subject: Letter in rebuttal of hearing on April 21, 2008. I was present at the April 21, 2008 hearing, and after the applicants rebuttal, I became very upset at the applicants offer of a Motel room to anyone in this neighborhood, during the Music Festival. This is an open invitation , ( if accepted) to vandalism. As to the owners of the Rockin "A " Ranch, the former owner Ms. McCluskey had and boarded horses. The ranch was completely fenced Therefore, the new owners, just had to remove some rocks, and reseed the pasture. During, the Music Festival, for two days, we could not enjoy the outdoors, and could not have our windows open during the evening and night. Our arealis not compatible, for a large scale Music Festival or another Commercial enterprise. I, respectfully, ask you to reject this applicants permit. Thank you, .��AA c(A-e.6i24- yc/-/- ce-7-4 ‘2,e_ 7.7/ &eA44-, OA. arida 6r,d6Lvd- z( e/La .Pf., 3 0 2003 CEGWE APR 2 9 2008 BOARD OF COMMISSIONERS ADMINISTRATION OPPONENTS TO THE FOUR PEAKS MUSIC FESTIVAL MASS GATHERING PERMIT I am opposed to the Four Peaks Music Festival Mass Gathering Permit being approved for 19449 Tumalo Resevoir Road. It is disruptive to our rural lifestyle through increased noise, traffic, heightened fire risk and a violation of EFU conditions. NAME 1/116--d It/ im ferlAktv4- //d‘.4 -/d Litive cy4//tkic „e� ADDRESS Gam. i'4 --g4 TLimeab &sot. ). I if ts-3 rvAiw-IG sed v ;�2 i'61, i 2 5 Abl,o_s7--R.p COIL Page 1 of 1 Kristen Maze From: Martha Hall [marthanjim@bendbroadband.com] Sent: Thursday, May 01, 2008 6:58 AM To: Kristen Maze Subject: four peaks music festival Good Morning, I am writing to express my desire to NOT see the four peaks music festival be permitted off Tumalo Reservoir Road. I would write EVERY time I knew an event of this potential size was applying to use our natural public land as their venue!!! There are plenty of private grounds, centers and ranches, for that matter, which are already massively trodden on. Martha Hall marthanjimbendbroadband.com 5/1/2008 Page 1 of 1 Kristen Maze From: Fred S Maurer [fmaurerl@juno.com] Sent: Wednesday, April 30, 2008 5:03 PM To: Board Cc: Kristen Maze Subject: Four Peaks Concerning Four Peaks Music Festival Music festivals are a great idea for Central Oregon, but many of the local residents believe that the site for this proposed gathering is totally inappropriate for a number of reasons. Noise disturbance. (Last year there were 9 complaints to the Sheriff's Office) Increased traffic on a quiet, rolling country road with many low -visibility driveways. Bicyclists, equestrians, and joggers use this road. Increased fire danger due to camping and cooking facilities. A violation of the land use laws that govern our lifestyle in a rural setting. This event is planned on EFU land, zoned for exclusive farm use, not for mass public gatherings. A frightening precedent could be established for future events of all types in rural residential neighborhoods. There are other sites such as the Sisters Rodeo Grounds and the Deschutes Expo Center that are designed for events of this type. Because of the above reason my wife and I, along with many of our neighbors are outright opposed to this music festival...Please DENY their request --Thank You very much --Fred & Betsy Maurer 19940 Juniper Lane in Tumalo. 5/1/2008 Kristen Maze From: Jacquie Hook [jhook2001@bendbroadband.com] Sent: Wednesday, April 30, 2008 3:07 PM To: Kristen Maze Subject: Objection to 4 Peaks Music Festival in Tumalo Date: 4/30/08 To: Community Development Department From: Bruce Hook, 64410 Tumalo Reservoir Road, Bend (541) 389-4298 Re: 4 Peaks 2008 Music Festival I understand the date has been extended to file an objection to this festival. I appreciate that extension, since you always manage to hold public hearings at times (10 a.m. on a weekday) when no one can take time off from their jobs to attend and register their objections. I live directly across the street from the location of last year's festival. As much as the organizers claim to adhere to strict noise ordinances, I can tell you that last year's festival was proof that did not happen. While the organizers state that the noise will end at 10 p.m., it did, in fact, continue until midnight and beyond. Because of how the properties in this area are configured, noise travels easily and rapidly through this valley, and I could hear talking and laughing until the early -morning hours. If more people are expected this year, then that means the noise will be even worse. And, although the festival is advertised as two days, campers are encouraged to arrive on July 24, with the event ending on July 27. That sounds like four days to me. So, who, if anyone, from the city, will be monitoring this event to make sure the organizers fulfill all of their so-called "promises" about noise, fire safety, crowd control, water, sanitation, etc.? A residential neighborhood is not the place for 3,000 people to congregate for a music festival. It is evident that the support for such an event comes from people who do not live in the area. Why would they care about the impact this festival would have on the surrounding neighborhood? They will come and go without so much as a thought to how inappropriate this is for the people who have to live through it. Ours is a nice, quiet residential area that should remain that way. People moved out here to get away from the noise and crowds of the city. Why does this event suddenly have to end up in our backyards? Also, it is unclear where the profits for this event go — I believe it is strictly a personal money -making endeavor in which the landowners will make money — and for that reason, why shouldn't they have pay to rent a proper concert/camping venue such as Tumalo State Park or Les Schwab Amphitheater...just like everyone else does who sponsors similar events? If you need any further comments from me, feel free to call me at (541) 389-4298. I am firmly opposed to this event happening. Once was enough! 1 Page 1 of 1 Kristen Maze From: Dave Gobeille[drgobeille@gobeilleorthodontics.com] Sent: Wednesday, April 30, 2008 12:39 PM To: Kristen Maze Subject: Music festival A country way of life does not include major music festivals. 1 feel this could be an important event for central Oregon but not in an EFU area where public safety is in question and quality of life is interrupted. I moved here from Eugene where the Oregon Country Fair was an event that became an excuse for drug and alcohol abuse. That event could not represent good common human sense or logic. Please do not set a precedent that could haunt us in the rural community for years to come. David Gobeille, DDS, MS 541-749-4444 Fax: 541-749-2980 4/30/2008 v /rriza-ii , , 1 , 1 0 ti a I / A. ., / -, 0 LI _tL _ srziwk Peaks. / cm 111,(-/( , „ /, . ii / I.. 0 14 ..., /- Rti—at" ' IL- . i-- -.„ 2.- 1 ' - -• .....14, / / A/ arra .0.41 .14tiAtiti . I C-i-tt-12,P COL 0. / ___ • Lt /1/( frAA 40: 0 .1 0 3 . _ 4,f,-,1et.10 P , 4 i i J /2-Azdea...6zria,e- i( ai-w,---,,/.0 40...1.,171 - _c% i IA),-e . 4-,A_Y1 Lk ./ ...„....„ _ _..,.,.._ 1 , . ...._. , • , A -#-1a!KIZ.,,- : li I bla-(1-4} _PAS-14'C' ' 1,4)-e/W-1-11 d 1 g - 4falAd I 1)1) 4t.1 ' L.44.....,4-....1 A..14_,Ladv, 4,f I/ .4.,..........._ I 0 z --ilea etil_a-- 0.ti-i-le-1-4.41-e--'. 61.:Wria 1 AI ;,.,/ .114•1., t A di j 1 i ,,, ' • --4*--, Ailf ' ' As / / 411-ir 4:3./.-ruciL a ...0-yi__, 67/4-7-7/0- ( - Page 1 of 1 Kristen Maze From: Royal Haflinger Ranch[royalhaflingerranch@hotmail.com] Sent: Tuesday, April 29, 2008 11:16 AM To: Board Cc: Kristen Maze Subject: Mass Gathering Permit I am writing re the Mass Gathering Permit that is trying to be obtained. I am totally against the idea of being able to allow this to happen. I do not live in the neighborhood but I am still against this being able to happen. You would be setting a precedent that anyone who owns land could have a function like this on there property. There are places that functions like this are allowed and set up for such events. I would not want my neighbors to be able to have such a event because it will have many effects for the neighborhood including traffic, safety, police, water, trash and more. Please do not let this pass. We do not need to have to worry about our neighbors holding huge functions. We live out in the country because we choose to! !!! Catherine Stout 66245 Barr Rd Bend OR 97701 Royal Haflinger Ranch 4/29/2008 Page 1 of 1 Kristen Maze From: NOEL SUSAN MANIS [snmanis2@msn.com] Sent: Tuesday, April 29, 2008 10:45 AM To: Kristen Maze Subject: 4 peaks musical festival Dear Kristen Maze, We are local residents in Tumalo and strongly agree with many other residence that there are other sites which are much more suitable and still within a close driving distance for Tumalo and other near by towns to travel to attend such an event. We agree that the noise, increased traffic, fire risk and possible land use precedent set, are all valid reason to decline this proposal. Please do not approve this this request for the 4 peaks musical festival. Regards, Susan and Noel Manis 19925 j.w. brown road Tumalo, Oregon 97701 541-388-2694 4/29/2008 Kristen Maze From: Sent: To: Subject: Dave Kanner Monday, April 28, 2008 12:48 PM Kristen Maze FW: Mass Gathering Permit: Four Peaks Music Festival. Original Message From: Nunzie [mailto:nunzie@pacifier.com] Sent: Monday, April 28, 2008 8:14 AM To: Board Subject: Mass Gathering Permit: Four Peaks Music Festival. Board of Deschutes County Commissioners Dear County Commissioners: Dennis Luke, Tammy I write in reference to the request for a mass Festival. Given the Hwy 20 in Tumalo, I believe it best interest for the health, safety and welfare of our community or for desired visitors to be directed through Tumalo to access the proposed Music venue. The Tumalo intersection at Hwy 20 includes: OB Riley, Bailey, 5th, Cline Falls Hwy and Hwy 20. Speeds in the area are excessive, striping has faded and turning is contrary changes in the use of Hwy 20's center lane from refuge to turning. Should you issue the requested mass gathering permit, what precautions assure our community safety during the course of the Music Festival? reply. Melton, Mike Daly: gathering permit for Four current failing intersection at Peaks Music is not in the that of our Festival 7th, Cook/ I look foward to your Sincerely, Nunzie Gould 19845 JW Brown Rd Bend, OR 97701 1 to recent will you take to E C E APB 2 8 2008 BOARD OF COMMISSIONERS _ADMINISTRATION lr Wc CZ) Lk.) ‘aAj a 1 '14/ ZSZeoSZ acJ (LLL) Ax-c-ct-d Mr. & Mrs. J. Randolph 19620 Tumalo Reservoir Rd Bend OR 97701-5234 at— Us. BEND OR 977? APR 2003 -L (.> alaied -z " sS, lo ;pR 2 Luuu Dear Sirs, We wish to express our impressions of the rock concert held last year on Tumalo Reservoir Road. While it may be technically permissible to hold such an event in a quiet agricultural environment, we feel it is an unwise use. The poor management of traffic leaving the event last year created detours and problems for ourselves and our neighbors as we tried to drive home on Tumalo Reservoir Road from the Deschutes County Fair at 10:30 pm. A rude traffic attendant tried to force all local traffic to use an inconvenient detour to reach their homes. When later several neighbors complained that the commotion and noise had disturbed their animals, the festival promoters dismissed their concems since they did not involve any known injuries. As we can tell you from years of personal experience, animals that are frightened can easily have health problems or injuries as a direct result. The lack of concern for local customs and neighbors shown thus far by the concert promoters leads us to request that their new permit be denied or not expanded. We also request that a new traffic mitigation plan be instigated and approved before moving forward with any future festival or event. Sincerely, Yyj CP0 Ralph and Dee McNulty IThe BOARD Or COMMISSIONERS ADMINISTRATION Page 1 of 2 Kristen Maze From: Tammy Melton Sent: Saturday, April 26, 2008 2:28 PM To: 'Rita Olin' Cc: Kristen Maze Subject: RE: 4 Peaks Presents Hi Rita - Thank you for your email; I very much appreciate you taking the time to weigh in on this important decision. Please know that although I have received numerous emails relating to this issue; 1 do read each one. In addition, your comments have been forwarded for inclusion in the public record. In Partnership, Tawt.vvt.t. (gavtel�) McLtovL Deschutes County Commissioner Office: 541 388-6567 Cell: 541 419-2233 From: Rita Olin [mailto:rmoranch@yahoo.com] Sent: Wednesday, April 23, 2008 8:15 AM To: Board; kristen@co.deschutes.or.us Cc: Pete & Gretchen Pederson; Rick Silver; Ed Whitelaw; Eloise Whitlaw Subject: 4 Peaks Presents Deschutes County Commissioners, I was at the April 21 hearing regarding the Outdoor Mass Gathering permit sought by 4 Peaks Presents and felt the questions the commissioners were asking of the planning department and legal counsel go to the heart of concerns surrounding this permit. I thank you for taking your time on this topic. In light of the comments made by the Sheriff it is even more clear that the county could well be putting itself in legal jeopardy by granting this permit. How could the county successfully defend itself if there is harm to person or property resulting from this event if the foremost safety officer for the county is adamantly opposed to this event taking place on the proposed site? The sheriff had many compelling reasons as to why he is against the permit not the least of which is controlling a crowd during daylight hours is a totally different challenge than during the night. With all due respect to Deschutes County legal counsel, I suggest the commissioners request legal counsel revisit the issue of lengthening the permit hours from 120 to 240 hours and still not being subject to land use review. It is a position that is not universally held as outlined in my former letter to the commissioners in item #4. Once again, this is a position that may land Deschutes County in an expensive legal process defending itself. Another legal interpretation that is simply an interpretation is the promotion of this event. State statute clearly says there is to be no advertising of the event prior to a permit being issued. The promoters are working around this point by simply not putting the address in their promoting, however, once the 4/28/2008 Page 2 of 2 permit is granted it could be interpreted that they are now in violation. The intent of the statute is clear... no promoting prior to a permit! Lastly, I recommend that the county seek and take into careful consideration a public position regarding this permit from the Bend Fire Department. A medic for the Bend Fire Department spoke at the public hearing but he made it clear that he was not a fire fighter. It is clear and I am grateful that the commissioners are giving careful consideration to all of these issues. In addition to the legal implications, I also hope that the shear negative impact on quality of life in the neighborhood is not lost in this process. I have no doubt the promoters will be inundating you with letters from concert fans, however, those fans would be enjoying the concert just as much on a more suitable site that does not place a burden on neighbors or tax -payers. Sincerely, Rita M. Olin Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. 4/28/2008 Page 1 of 2 Kristen Maze From: Tammy Melton Sent: Saturday, April 26, 2008 2:19 PM To: Kristen Maze Cc: Mike Daly; Dennis Luke Subject: FW: today's hearing Thanks Mike! In Partnership, Ta wt,wt.0 (gq vt,e`) McLtow Deschutes County Commissioner Office: 541 388-6567 Cell: 541 419-2233 From: Mike Dague [mailto:MDague@bendbroadband.com] Sent: Tuesday, April 22, 2008 1:47 PM To: Tammy Melton Subject: RE: today's hearing Thanks, I will take your advice below pis enter these final comments into the record and forward if you would to the remaining Commissioners. In today's Bulletin the promoter, Eric Walton, was quoted. " the stages would point down a gully, away from Tumalo Res Road, and many of the neighbors". That is a complete misrepresentation! What he fails to mention is that the gully points directly across Tumalo Res Road and into Coyote Run Lane, along which live 8 families, including a 93 yr old man whose home is no further than 200 feet from one of the stages last year! In addition to our neighborhood, there are a min of two other roads and neighborhoods with multiple residents all affected. The gully serves as a funnel and amplifier channeling the noise directly toward our homes. Our experience with this group of promoters appears to remain unchanged from last year. Our concerns are trivialized and downplayed as having less importance that the supposed "benefits" that the festival is somehow supposed to bring the greater business community. I think the only benefit being generated is to the promoters who have seized on a business plan to eliminate any lease obligations that a far more suitable venue in our community would require of any other festival of this scope. I'd like to see what data they draw this economic impact statement from. I suspect the county is spending more $$ in manpower/admin to process the permit and monitor the event, than what little money remains for the greater business community after the promoters finish shaking down their customers for tickets, food and camping. Lastly, to the best of my knowledge, none of us have been approached for any input or discussion from the landowners or promoters. In fact the promoters have been presumptuous in their advertisements beginning many months ago, essentially coming to what I believe was a feeling that their festival in year 2 would be a slam dunk, no matter how the surrounding neighbors felt. Furthermore, the neighborhood recently received a letter from the 4/28/2008 Page 2 of 2 promoter wherein we were informed that the festival would be returning this yr, due in part to overwhelming neighbor support, and that we could be confident in their ability to responsibly address our concerns; frankly a letter that carried a tone of arrogance, condescension, and insensitivity. Accompanying this form letter was in fact a singular gesture of goodwill, an offer of free tickets in what I presume was a hope of placating our concerns. If this permit is approved, I hope that the Commissioners represent our concerns reasonably by restricting the stage site to a min of 1000 feet from any home, music is eliminated entirely at 1 Opm, camping be eliminated entirely, and the promoters be strongly encouraged to find more suitable locations to move this festival to in year 3. Respectfully, Mike Dague From: Tammy Melton [mailto:tammy_melton@co.deschutes.or.us] Sent: Monday, April 21, 2008 4:09 PM To: Mike Dague Cc: Kristen Maze; Mike Daly; Dennis Luke Subject: RE: today's hearing Hi Mike - We are leaving the written record open until 5pm on May 2. We will be discussing it again the following Monday; however the record will be closed to public testimony. If you wish to enter anything else into the record; please do so by the May 2 deadline. In Partnership, Ta wt.wt. j (gGi vt,etj) McLtoo, Deschutes County Commissioner Office: 541 388-6567 Cell: 541 419-2233 From: Mike Dague [mailto:MDague@bendbroadband.com] Sent: Monday, April 21, 2008 1:09 PM To: Tammy Melton Subject: today's hearing Hi Tammy, on the road traveling today, however wanted to know if you could share the outcome of today's 4 Peaks permit hearing? thanks, Mike Dague 4/28/2008 Page 1 of 3 Kristen Maze From: Dave Kanner Sent: Friday, April 25, 2008 9:55 AM To: Kristen Maze Subject: FW: Mass gathering permit From: Pete and Gretchen Pederson [mailto:pandg@nwlink.com] Sent: Friday, April 25, 2008 9:49 AM To: Board Subject: Mass gathering permit Dear County Commissioners — The April 23rd issue of the Bulletin contained a disturbing article about a permit for a bluegrass festival that is being considered by the County Commissioners. We live directly between Tumalo Reservoir Rd. and Pinehurst Road, so are northwest of the property where the 4 Peaks promoters hope to stage their multi -day concert. There are a number of reasons why we are totally opposed to this idea and to any similar activity in our quiet, peaceful neighborhood. Our concerns fall into three basic categories and are itemized below. 1) Impact to neighbors Noise — We love listening to coyotes, birds, and livestock. Along with many other residents here, we moved to this rural region to get away from sounds of the city. The applicants want to broadcast loud, amplified music throughout the day as well as until midnight throughout the proposed festival. There were complaints about the noise last year, and there will undoubtedly be more this year if the permit is approved. Quality of life — This is a community where people tend cattle and horses, ride bicycles, jog the quiet roads, and enjoy the forest lands and agricultural environment. Having large-scale gatherings with the purpose of making noise does not mesh well with the quality of life for many residents. Traffic — Tumalo Reservoir Road was not designed to handle traffic generated by a group size that could reach three thousand people. This proposed event would definitely influence the enjoyment of those who regularly bike, walk, jog and ride horses along the road. Water — Some of the water for the event is supposed to be provided with well water. Several wells in this area have recently gone dry. We are concerned that the aquifer is dropping with increased demand. Although the proposed event is not longer than 8 days, this additional demand on our local water supply could still make a difference to nearby wells. 2) Safety — According to information that we have gleaned, the Sheriff made a public statement that he is opposed to this potential gathering. When the Sheriff thinks it's a bad idea, other less qualified individuals should definitely pay attention and respect his perspective. Because of this statement, the county could be liable if commissioners approve the application and something then goes wrong during the festival. Fire — It is hot and dry in Tumalo during mid -summer. The threat of fire is always in the back of our minds. A number of years ago two separate fires encroached from a neighboring pasture onto the property we own. A storage building burned to the ground. We worry about an increase in fire danger 4/25/2008 Page 2 of 3 associated with the proposed festival, where there would be camping, smoking, cooking, and the presence of portable propane tanks. In spite of any precautions, there will be added risk with up to 3000 people 24 -hours a day. The organizers will be required to hold insurance for a million dollars per occurrence, but that amount is not enough to cover the value of many properties in the neighborhood if a fire spread. Traffic — The huge number of vehicles that would be generated from this proposed gathering does not seem safe. Tumalo Reservoir Road is a rural road. Medical emergencies — We understand that the Tumalo Fire Department can respond to emergencies, but this response team was set up for our existing community. Adding up to 3000 more people to the everyday workload of these dedicated workers could mean that they would not be available to the local residents in an emergency. Alcohol — there is always the potential for alcohol abuse, especially in a situation where people will be congregating 24 hours a day. It makes us uncomfortable to think that drivers could be cruising around our neighborhood while attending the gathering. Vandalism — We are extremely concerned about the possibility of vandalism. Attracting thousands of people to a site adjacent to quiet dirt lanes and dark residences could invite foul play. There are two multi-million dollar homes under construction next to our property. They are vacant except during working hours. Will the owners of these new houses feel comfortable with thousands of unknown people coming and going nearby? Night — With security personnel on the premises of the proposed site there will be some level of legal control, but these employees are not law enforcement officers, and it is extremely difficult to monitor activities after dark. 3) Financial sense Public Services - Why should we and other taxpayers subsidize a for-profit event that is bad for our community? Public funds will cover the cost of the work done by the Planning Department and the Commissioners to evaluate this potential project. If the festival does take place at this site, public funds will be used to monitor compliance with the agreement (or at least we assume that someone will check up on compliance). Last year with a much smaller gathering, there were 9 complaints to the Sheriff's Office. Public funds will pay for paperwork and follow-up for complaints this year as well if the application is approved. Also, any time that the Sheriff's Department spends on this potential gathering takes away from the time it should have for its normal responsibilities. In addition, public funds will be used if any assistance is needed from the Fire Department. Property values — We have a huge investment in our house and property. If this permit is approved, it is likely that the festival will become an annual event. This would definitely degrade the neighborhood and would decrease our property value. This is totally unfair. Suggested Solutions — We love the idea of encouraging music festivals here in Central Oregon but think that the venue for this proposed gathering is a mismatch for the community. We are enthusiastic supporters of the Sisters Folk Festival. It is a fabulous event that brings money to the community, not just to the organizers and a few venders. It is held in a safe, appropriate location as is the annual Sisters Jazz Festival. Other sites exist in the region that would be perfect for a bluegrass festival. The Les Schwab Amphitheater, Deschutes County Expo Center, Sisters Rodeo Grounds, and Crook County Fairgrounds, are all public gathering places built to accommodate crowds of visitors. Taxpayers are already paying for these facilities so that there will be appropriate places for public events. Why can't they hold the event at a place designed for this type of use? It is our understanding that these facilities are not fully booked. It seems that the only reason that the location on Tumalo Reservoir Rd. is proposed is so the organizers can save money. Why does camping need to be a part of this proposed gathering? It would be better for local businesses if people came to stay at motels and lodges. This is the standard procedure for many public events in the 4/25/2008 Page 3 of 3 region. If camping is considered to be an integral part of the festival, why not hold it at the Expo Center or at the Sisters Rodeo Grounds? In conclusion, we feel that it would be a terrible mistake and a dangerous precedent to approve the proposed application for this festival. As currently planned, it would negatively impact the local residents, it has safety issues, and it does not make financial sense for taxpayers. This festival would bring in a tremendous amount of money, but it would benefit a few at the expense of many. If the location could be changed to an existing facility such as the Deschutes Expo Center or others listed above, the event could become a win-win gathering. It could benefit the Central Oregon community without any negative impacts on the residents of Tumalo. We urge you to do whatever possible to prevent this proposed gathering from taking place in our wonderful neighborhood. This issue will not go away. We can guarantee that public disapproval will always plague this issue. Woodstock would have been better at the Expo Center too. Sincerely, Robert and Gretchen Pederson 18925 Pinehurst Rd. 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I Apr 22 08 03:53p Robert ndams 541 317-0882 p.1 2-27 Attn: Phone nu-mber: - ax number: Message: /7/ -------," Date Thank you: JA4,%atz Alfrvpws. April 22, 2008 nn I--ii"t, ld u LUUU Deschutes County Board of County Commissioners c/o Kristen Maze Deschutes County Community Development Dept. 117 N.W. Lafayette Avenue Bend, OR 97701 Re: Mass Gathering Permit for 4 Peaks Music Festival, File Number OMG-08-1 This letter is to express our objection to the request for the permit for the music festival at the Rockin "A" Ranch location at 19449 Tumalo Reservoir Road, in the Tumalo area of Deschutes County. We have to question why we pay our taxes to have facilities built like the Expo Center, which is a perfect venue for an event like the music festival, only to have our privacy invaded as it was last year for this music festival. There are other places designed to host events like a music festival, and the music festival organizers should pursue those locations for their music festival. If we chose to buy a home near the Les Schwab Amphitheater, or Drake Park, or the Sisters Rodeo, or the Deschutes County Expo Center, then we should expect to have noise and other distractions from various events that are hosted by those sites. We should NOT have our privacy invaded in an area with strict land use laws regarding "farm use only" and "residential with acreage". We can sling a pebble from a sling -shot from the edge of our property to the edge of the Rockin "A" Ranch property, and we vehemently oppose this request for a permit for the music festival. We ask the commissioners to uphold the current land use laws, and deny this request. Thank you for your consideration. Regards, -14amosil P Norman & Jodi Pfaff 64420 Coyote Run Lane Bend, OR 97701 Phone 541-389-3196 npfaff@bendbroadband.com o Kristen Maze From: Candy Woods [canwoods@msn.com] Sent: Monday, April 21, 2008 10:15 AM To: Kristen Maze Subject: Four Peaks Hearing To Whom It May Concern: We purchased our property on Research Road so that we could enjoy the peace and quiet of not living in a boiler -plate neighborhood. The serenity of our acreage is wonderful. Last year we endured the traffic, noise, and intrusion of the Four Peaks Festival during the weekend that it occurred. It makes us shudder at the thought that this year's gathering will be longer and larger in duration. Give us a break...deny them their permit! Let them use some of their profits to pay to use our county fairgrounds instead! Jerry and Candace Woods 1 April 21, 2008 TO: Deschutes County Commissioners FROM: Ed Whitelaw RE: Four Peaks Presents' application for a mass gathering 1. My name is Ed Whitelaw. My wife, Eloise Whitelaw, and I live at 18470 Pinehurst Rd., about 1.5 miles by road and 1 mile straight-line from the proposed mass gathering. Eloise and I chose this particular part of Deschutes County anticipating that its rural nature, the special quality of life it offers, and its apparent distance and insulation from mass gatherings and other urban activities, would not change. 2. Such events as the mass gathering proposed by Four Peaks would occur, in the normal course of events, in those sites, infrastructure and facilities in the County which have been designated for just such events. Not incidental to the matter at hand, Deschutes County taxpayers have helped cover at least some of the costs— perhaps a large portion of the costs—of selecting and developing these venues. As we understand, such venues have emerged through a process in which such costs and complications as traffic, noise, risks to public health, quality of life, the environment and wildlife habitat have been addressed. Of particular importance to the matter at hand, the site and its environs, as we further understand, have been vetted regarding such issues as the spillover effects on neighboring sites and activities. 3. Four Peaks could reserve, for a fee, one of these already designated venues. Four Peaks has chosen instead to cut its own costs by not reserving a designated site and in so doing impose costs onto a) the County taxpayers who must bear the net costs not only of this process but of the mass gathering itself (unless Four Peaks is bearing the full fiscal costs beyond such incidentals as application fees) and b) the residents in the vicinity of the proposed site, including my wife and me. On the face of it, this seems perverse. 4. What seems especially perverse, should the Commissioners approve the Four Peaks application, is that both the decision and the mass gathering, as the first encounter with the recently adopted ordinance, would become an example or guide to be considered in subsequent applications for similar mass gatherings, whether from Four Peaks or others. For emphasis and clarity, I will interpret it through this economist's eyes. The greater the apparent success of the event—i.e., the larger the crowds, the greater the revenues, the more profits enjoyed by the investors, and the like—the stronger the precedent. The implications are straightforward. The greater the apparent success of the event, then the greater the violation of the conditions for which many of us who have chosen to locate here and the greater the costs we must bear. What is the logic, the reasoning on which this makes sense? 5. We strongly urge the Commissioners to reject the Four Peaks application for a mass gathering at the proposed site. 6. Should the Commissioners favor the Four Peaks application, we ask that at least the Commissioners require Four Peaks a) to bear the net fiscal costs on the County so as to eliminate any subsidy from the taxpayers to Four Peaks and b) to bear the responsibility (and costs) of demonstrating, through public testimony, that the proposed mass gathering would yield net benefits, excluding fiscal matters, to the community. 7. I am a professor of economics at the University of Oregon. I am also president of ECONorthwest, which provides analyses in economics, finance, planning, and policy evaluation for businesses and governments. I received a Ph.D. in economics from the Massachusetts Institute of Technology. I have testified in administrative, legislative and Congressional hearings, and in court proceedings on the specific principles underlying the opinions and recommendations I've expressed in this document. Finally, the opinions and recommendations I've expressed herein do not necessarily reflect those of the University of Oregon or of ECONorthwest. Deschutes County Board of Commissioners; Re: 4 Peaks Presents Outdoor Mass Gathering Permit Thank you for taking public testimony on this important issue. I also want to thank Kristen Maze for her timely and thorough responses to my many questions. My name is Rita Olin and I live in Tumalo a mile or so away from the proposed event site. I am strongly opposed to the county commissioners approving this permit for a number of reasons: 1. The increased traffic and noise created by up to 3,000 people attending the festival site on rural Tumalo Reservoir Road camping for three nights (where most noise violations occurred last year), loud concert music until 10PM or perhaps midnight, the set up, tuning of instruments and sound systems, the tear down and general disruption going on for 8 days are all activities that are in direct opposition to the quiet lifestyle normally experienced in this area. 2. Safety concerns: the threat of wildfire is always on the minds of rural landowners in Deschutes County during the summer. 3,000 people camping, food preparation and smoking on a field in July creates a hazard. Last year, in total disregard to fire danger, there were, according to attendees, fire batons used by dancers. No matter how careful the event organizers are in attempting to mitigate the danger of a wildfire erupting... the risk will always be there. The one million dollar insurance policy required as part of the conditions of approval would hardly begin to cover fire damage engulfing neighboring properties. 3. Serving alcohol to a crowd of 3,000 people unavoidably increases the risk of fire as well as off site vehicle accidents for which the county may find itself a named party in a lawsuit. 4. The state statute governing mass gatherings states that gatherings of less than 3000 people and less than 120 hours (5 days) are not subject to land use laws however, permits for gatherings of more than 3000 people and more than 120 hours are subject to land use laws. Deschutes County has taken the liberty to re- write the state statute and has extending the number of hours for the Outdoor Mass Gathering Permit to extend to 240 hours (10 days) before the permit process would be subject to land use review. According to state statute, gatherings of more than 3,000 people for more than 120 hours cannot be exempted from land use review. Ron Eber, a Farm and Forest Lands Specialist at DLCD, states that Deschutes County has "tried to deal with the double criteria part of the definition by permitting mass gatherings to run longer as long as they stay below the 3000 person limit. So they have in effect made part of the gatherings that should be subject to land use (more than 120 hours) exempt. This is unchartered territory and open to interpretation as to whether they can do this..... the statute is a problem and needs to be fixed." By rewriting the state statute to give even more leniency to mass gathering organizers the county is increasing the burden on other property owners as well as potentially leaving itself open to litigation. Does Deschutes County really want to become the test case to "fix" the statute? 5. Has 4 Peaks met the criteria of the American's With Disabilities Act? 6. Does the $790 permit fee cover all of the costs to the county taxpayer? If not, what are the actual costs that taxpayers will shoulder for this for-profit event to occur on Tumalo Reservoir Road? 7. There are other sites in the county that are specifically designed to host just such events that would not burden neighbors and tax payers. 8. 4 Peaks Presents has stated that they expect double the number of attendees from last year. Last year there were 9 complaints to the sheriff's office. Is the sheriff's office prepared for double the number of attendees this year? It is important that if the commissioners do grant this permit, the deputies responding to complaints/ violations have received clear direction as to what their powers/duties are. Unfortunately, this permit process pits neighbor against neighbor. Most people do not want to tangle with their neighbors, will avoid public meetings and will quietly burden the impositions others put upon them. It is my opinion, if the 4 Peaks organizers were truly concerned with their neighbor's feelings, they would have gone door-to-door last year after the event and asked them simply "How was it?" A couple of weeks ago, a group of us did just that and we got an ear full. The vast majority spoke openly and sometimes vehemently against the intrusion of this event into their quiet life style. I suggest that 4 Peaks bear the burden of proving that neighbors are supportive of this gathering. This could easily be done by requiring event organizers to submit a signed petition that shows more than a majority of neighbors (using the county notification list) are in favor of the event. I also suggest that 4 Peaks shoulder the burden of proving that financial costs and safety concerns are not a burden to the community. This could only be done if the organizers are told what the cost is to the county. Requiring neighbors to organize, take time away from work for a 10:00 Monday morning hearing and speak out in a public forum to protect their way of life places the burden on the wrong party. What is the precedent being set for future gatherings? I sincerely thank you for your consideration of my concerns. Rita M. Olin P.O. Box 7315 Bend, OR 97708 Page 1 of 4 Kristen Maze From: PHIL KOCHAN [philkochan@msn.com] Sent: Monday, April 14, 2008 8:25 AM To: board@co.deshcutes.or.us Cc: Kristen Maze Subject: Mass Gathering - "4 Peaks Music Presents" from July 22 - July 30th April 14th, 2008 Dear Board of County Commissioners for Deschutes County, We own property at 18349 Tumalo Reservoir Road in Deschutes County and we are writing regarding the mass gathering application by "4 Peaks Music Presents" from July 22 - July 30th located at 19449 and 19345 Tumalo Reservoir Road. We cannot make the hearing and hope that our email can be read and/or inserted into the public record for consideration. A quick phone call to the coordinators of Central Oregon's permanent mass gathering facilities paid for, at least in part, by Deschutes County Tax Payers will quickly prove that they are operating nowhere near capacity. Therefore, the mass gathering application is simply a way to save a few bucks rather than rent a permanent facility. Therefore, a vote by the County Commissioners in favor of this application is a kick in the teeth of the taxpayers who paid to build permanent facilities AND a kick in the teeth of the Tumalo neighbors who have to 'deal with' the extreme fire danger, congestion, noise, and alcohol use from the thousands of attendees. I'm sure that the mass gathering permit is somehow protected by our constitutional amendments. However, no where in our Constitution does it say you have the right to jeopardize your neighbors property to save a few bucks in rental fees. In the event you feel you should vote to approve this application, please consider requiring a number of mitigating requirements that will push responsibility back to the organization that is saving the money: 1) Hire a wild land fire crew to be on standby or purchase special liability insurance to mitigate the increased risk of a neighbor's property being ravaged by fire. 2) Take measures to hire someone to control traffic at key intersections. 3) Hire security professionals to enforce alcohol rules/laws and keep wandering participants from trespassing on neighbor's property. 4) Put up signs to clearly delineate property/trespassing boundaries. 5) Purchase a performance bond to make sure your conditions of approval are actually completed. Thank you for your time and thoughtful consideration. Sincerely, Phillip and Paige Kochan and all 3 commissioners will receive it. Thanks much for writing the letter. You can cc kristenmOco.deschutes.or.us. Rick PHIL KOCHAN <phiikochan@msn.com> wrote: 4/14/2008 Page 2 of 4 rick, Here's a rough draft so far... Havnb't done spell checker and got tired... Phil Dear Board of County Commissioners for Deschutes County, We own property at 18349 Tumalo Reservior Road in Deschutes County and we are writing regarding the mass gathering application you are having a hearing on. We cannot make the hearing and hope that our email can be read and/or inserted into the public record for consideration. A quick phone call to the coordinator's of Central Oregon's permanent mass gathering facilities paid for, at least in part, by Deschutes County Tax Payers will quickly prove that they are operating nowhere near capacity. Therefore, the mass gathering application is simply a way to save a few bucks rather than rent a permanent facility. Therefore, a vote by the County Commissioners in favor of this application is a kick in the teeth of the taxpayers who paid to build permanent facilities AND a kick in the teeth of the Tumalo neighbors who have to 'deal with' the extreme fire danger, congestion, noise, and alchohol use from the thousands of attendees. I'm sure that the mass gathering permit is somehow protected by our constitutional amendments. However, no where in our Constitution does it say you have the right to jeapordize your neighbors property to save a few bucks rental fees. In the event you feel you should vote to approve this application, at least consider require a number of mitigating requirments that will push responsibility back to the organization that is saving the money: 1) Hire a wildland fire crew to be on standby or purchase special liability insurance to pay for neighbor's property damaged by fire. 2) Take measures to control traffic and increase safety at key intersections. 3) Pay feesPlace a temporary stoplight at the intersection of from with fire in the middle of the fire season, blast them with artificially amplified sound, and inundate them Date: Sat, 12 Apr 2008 20:15:56 -0700 From: silver4250@yahoo.com Subject: RE: Hi To: philkochan@msn.com Phil, Glad you got the pump switch installed! That will help lots. The "Outdoor Mass Gathering" is being put on by "4 Peaks Music Presents" from July 22 - July 30th located at 19449 and 19345 Tumalo Reservoir Road. Rick 4/14/2008 PHIL KOCHAN <phiikochan@a msn,com> wrote: Rick, You helped me out of a real jam that day and we just wanted to say Thanks'. :) Can you tell me the application number, the people's name, OR something to reference the letter to? I finally got my 'pump protecting' switch installed, so now when we suck the tank down it will turn off the pump before loosing the prime and/or burning out the pump. What a beautiful day! Phil Date: Sat, 12 Apr 2008 13:12:52 -0700 From: silver4250@yahoo.com Subject: Hi To: philkochan@msn.com Phil, Good talking with you today and thanks for taking time to write a letter to the Board of County Commissioners (only if you have the time). I wanted to let you know that it was a very nice thank you gift (Anthony's), which, of course, was totally unnecessary but thank you anyway. Here is the email address you can send your letter to: kristenm@deschutes.or.us and address it to the Board of County Commissioners. Thanks Rick Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com Use video conversation to talk face-to-face with Windows Live Messenger. Get started! 4/14/2008 Page 3 of 4 Page 1 of 1 Kristen Maze From: Rita Olin [rmoranch@yahoo.com] Sent: Sunday, April 13, 2008 2:31 PM To: Board; Kristen Maze Subject: Four Peaks Presents Outdoor Mass Gathering Permit Dear Commissioners, According to the OMG section 8.16.190 (E) Approval Criteria states: "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 hering by a member of the public or public official". In accordance with this statement, I formally request the Deschutes County Board of Commissioners (the Hearing Body) consider adding an additional "condition of approval" to the permit required for the Bluegrass Music Festival on 19449 tumalo Resevoir Road, July 22-30, 2008. #37. The applicant show, through public testimony, that the proposed OMG does not place an undo burden on the community or Deschutes County (personnel or budget) through excessive noise, safety, expense, harm to livestock or negative impact on quality of life. Without such an condition, OMG's can proceed forward without citizen input having a viable place in the process putting one citizen's interests before all others. I will be at the hearing on April 21 and look forward to your response to my request being made to the public at that time. Thank you very much for your time and careful consideration of this important decision. Sincerely, Rita M. Olin Tumalo Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 4/14/2008 April 12, 2008 Board of County Commissioners Deschutes County 1300 N.W. Wall Street Bend, Oregon 97701 Dear County Commissioners, Subsequent to the last letter that I emailed to you via Kristen Maze, I am writing this second letter with respect to one specific matter as it relates to the "Outdoor Mass Gathering"(OMG) being held at 19449 and 19345 Tumalo Reservoir Road and 64343 High Mowing Lane on July 22nd thru July 30th of 2008. The question is a simple one. What are the budgetary expenses the county will assume with respect to this OMG in order to make certain that all the conditions of approval for the permit are being adhered to before, during and after the eight days that the 4 Peaks Music Festival is being held? It is quite obvious to me that there are a number of conditions (36 to be exact) that the county has imposed on 4 Peaks that will require manpower on the part of the county to make sure the rules and regulations are being followed. The county departments that will be monitor and oversee this OMG are planning, sheriff, fire, road, health, environmental health, risk management and legal counsel. How much will this cost the county to administer? How much has the county already spent on processing this application for an OMG permit? What additional liability policy does the county have in place for this event beyond the one million dollar general liability policy 4 Peaks Presents is purchasing? Certainly, there is a potential for a multi million dollar claim against the county if a fire breaks out and causes the loss of life and/or property in the surrounding area. Since there will be alcohol served at the OMG, what liability does the county have if someone who is intoxicated drives off the OMG and kills someone? Even though the sponsors will have signed an agreement indemnifying Deschutes County, we all know if someone's life is lost or a fire destroys several homes, the county will still have an enormous cost to litigate an action filed against it. Isn't it possible much of the additional cost to the county to administer this OMG could be avoided by having the Festival somewhere else that already has the infrastructure in place? It would certainly demonstrate to the community a responsible measure of fiscal prudence on the part of the commissioners. The taxpaying citizens of Deschutes County and the county itself (by granting this permit) are, in essence, subsidizing this for profit event on exclusive farm use land! My wife and I will not be present for the public hearing on April 21st at 10:00A.M. I would appreciate a verbal response to the attendees as to my concerns at the meeting. Sincerely yours, Rick Silver Page 1 of 2 Kristen Maze From: Rita Olin [rmoranch@yahoo.com] Sent: Friday, April 11, 2008 10:42 AM To: Kristen Maze Subject: RE: Outdoor Mass Gathering Questions Continued Yes it does... thank you! Kristen Maze <Kristen Maze@co. desch utes. or. us> wrote: Rita, My staff report and conditions of approval follow the code and comply with state statute requirements. If you would like addition conditions you should suggest them to the Board at the the public hearing. The code requires the Board to determine if the organizers have complied with outdoor mass gathering conditions. The public hearing process allows for public input. OMG section 8.16.190 (E) Approval Criteria states: 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. I hope this answers your question. Kristen From: Rita Olin [mailto:rmoranch@yahoo.com] Sent: Friday, April 11, 2008 9:12 AM To: Kristen Maze Subject: RE: Outdoor Mass Gathering Questions Continued Another point that needs clarification. I do not see any mention in your "Conditions of Approval" that gives neighbors' interests and concerns weight or any consideration in the process. No mention that the commissioners may denie this permit based on neighbors input. If that is true and the applicants meet the "Conditions" as written it really doesn't matter in the least how neighbors feel. A public hearing is required and public input allowed but to what avail? Is this an oversight or an intentional aspect of the permit process? Please help me understand. Rita Kristen Maze <Kristen Maze@co. desch utes. or. us> wrote: Rita, I changed that yesterday after speaking with the applicant however, they have decide now to keep it at 8 days. So the staff report for the public hearing will reflect the 8 day time frame. Kristen From: Rita Olin [mailto:rmoranch@yahoo.com] Sent: Thursday, April 10, 2008 3:09 PM j To: Kristen Maze Subject: Re: Outdoor Mass Gathering Questions Continued 4/15/2008 Page 2 of 2 Kristen, Another question. In reading your staff report and the Outdoor Mass Gathering Permit, the dates listed are July 24 - July 28. I thought they requested 8 days? Rita Kristen Maze <Kristen Maze@co. desch utes. or. us> wrote: Rita, I failed to mention for your question (6.) that the only purpose for the work session yesterday was to give the Board a heads up as to what the issues are. It is not necessary for them to read the letters prior to the work session. It is not the time for them to make a decision about the permit. The Board has the letters now and has time to read them before the public hearing. The Board may receive letters as late as the day of the hearing, including at the hearing that they may need to read at that time. Kristen Maze, Associate Manner Deschutes County Community Development Department 117 NW Lafayette Ave. bend OR 97701 TM: 541 383-6701 rax 5+1 385-176+ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com Do You Yahoo!? Fired of spam? Yahoo! Mail has the best spam protection around ittp://mail.yahoo.com 4/15/2008 Page 1 of 2 Kristen Maze From: Rita Olin [rmoranch@yahoo.com] Sent: Thursday, April 10, 2008 8:09 AM To: Kristen Maze Cc: Rick Silver; Ed Whitelaw; Eloise Whitlaw Subject: RE: Four Peaks Music Festival Kristen, I would greatly appreciate some answers to the following questions: 1. Are fires and cooking allowed in the camping area? 2. Is smoking allowed on the grounds? 3. Mike Daly's question regarding 'how is a head count going to be made' is relevant. The number that was cast about yesterday regarding last year's attendance is waaay off. A number of 800-900 is what was mentioned in the newspaper and generally known in the neighborhood. 4. What power will the deputies have when responding to a complaint with their noise meter and realize a noise violation or any other violation is happening? Several of the nosie complaints last year were not sounds coming from the stage but rather the natural partying that follows this type of event.. car stereos, etc. How can this be monitered? 5. The neighbors were told last year that this was a one time event... it is thought that statement may be a part of a public record. How can that public record be checked? It was unfortunate that the commissioners had not had the opportunity to read the letters that had been provided (other than the letter sent to Tammy directly). How can we prevent that in the future? Thank you and Lorie for your time yesterday and ongoing. Rita Olin Kristen Maze <Kristen Maze@co. desch utes. or. us> wrote: Rita, Thanks for you comments I will present your letter to the Board of County Commissioners tomorrow at the work session. There is one item before the Outdoor Mass Gathering Permit and the meeting begins at 1:30. Other than this information I can't really estimate a time for you. Kristen Maze, Associate Panner Deschutes County Community Development Department i 1 7 NW Lafayette Ave. bend OK 97701 4/15/2008 Page 1 of 1 Kristen Maze From: Tammy Baney Sent: Wednesday, April 09, 2008 11:43 AM To: Kristen Maze Cc: Tom Anderson; Dave Kanner; Dennis Luke; Mike Daly Subject: FW: RE: Outdoor Gathering Permit FYI...I will copy you all from now on... In Partnership, Tav1,vi.0 (gavteu) Mel.toik Deschutes County Commissioner Office: 541 388-6567 From: mdague@bendbroadband.com [mailto:mdague@bendbroadband.com] Sent: Tuesday, April 08, 2008 6:21 PM To: Tammy Baney Subject: Re: RE: Outdoor Gathering Permit Thanks Tammy for considering our concerns. Given the fact the permit issued last yr to the promoter was a first in the County under the State's Mass Gathering Ordinance and there were no existing County guidelines, the promoter was essentially granted whatever they asked for. As you pointed out below, balance should be the goal this year. We need a framework of enforceable limitations and accountibility shouldered by the promoter and landowner in exchange for the permit. Thanks again, MD 4/9/2008 Page 1 of 3 Kristen Maze From: Tammy Baney Sent: Wednesday, April 09, 2008 11:42 AM To: Kristen Maze Cc: Dave Kanner; Tom Anderson; Mike Daly; Dennis Luke Subject: FW: Outdoor Gathering Permit Keeping you all in the loop, and for the record... the email correspondence below is from yesterday regarding the mass gathering permit. In Partnership, Ta wt vu` (gavue) MeftoN, Deschutes County Commissioner Office: 541 388-6567 From: Mike Dague [mailto:MDague@bendbroadband.com] Sent: Tuesday, April 08, 2008 4:02 PM To: Tammy Baney Subject: RE: Outdoor Gathering Permit Thanks for the reply, I'II be traveling on business the 21st, unfortunately. However, here are a few general concerns many of us in the Tumalo West development share: 1) There were 2 sound stages last year, the one closest to Tumalo Res Rd was the greatest source of noise. This location should be eliminated entirely. Furthermore and most importantly, this stage was located apprx 150 ft from the home of our 93 yr old gentleman neighbor. When informed of this fact, the promoter was indifferent and unconcerned. Why not locate the stage closer to the landowner's home? Most of our homes are far closer; seems to me they're shoving this noise as far away from their home as possible. 2) Unless I'm mistaken, I understood the spirit of this mass gathering ordinance was not intended to enable an group to launch what has essentially become a "business endeavor". Vendors, overnight camping charges, ticket sales... hardly seems non-profit, benefit - in -nature which is what these promoters described to all of us a year ago as the main pupose of the concert. 3) Overnight camping. Why? We have put up with the inconvenience of noise, traffic, interruption, etc for the concert itself. Why do we must for the full duration of camping over 3 nights? The camping/parking areas last year were all noisy, particularly on the prior night set up and the early (7am) Sunday takedown. Lastly, in the first year the promoters drew apprx 500 people, they are projecting — at least from their permit limit — upwards of 3000 people. Does this permit and ordinance give the County the right to unfairly subject a neighborhood in such close proximity to a larger possible intrusion, particularly if camping is granted? Why not let these concert goers find traditional lodging within the local lodging industry. The promoters underscore the supposed "benefit" the concert brings to the local economy, 4/9/2008 Page 3 of 3 County's investigation into tidying up this process and defining what boundaries/constraints should be incumbent upon the promoter and land owners? None of us here ever heard back after several inquiries. Regards, Mike Dague 4/9/2008 Page 1 of 1 Kristen Maze From: Rick Silver [silver4250@yahoo.com] Sent: Wednesday, April 09, 2008 9:06 AM To: Kristen Maze Subject: Restrictions of the Permit Hi Kristen, I noticed last night when I was reading on Page 4 of the county ordinance for OMG that one "cannot hold, conduct, advertise or promote an OMG without an OMG permit". 4 Peaks Music Festival is clearly in violation of the permit process as they have a website promoting and selling tickets for this gathering (www.4peaksmusic.com). What recourse do we or the county have regarding this matter? Thanks for you attention to this issue I have. Sincerely yours, Rick Silver Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 4/10/2008 APR -03-2003 08:01 AM R OLI i M COSTELLO April 8, 2008 Kristen Maze 541 383 2146 P.01 Page 1 of 1 Re: Four Peaks Music Festival, Outdoor Mass Gathering Permit I live in the Tumalo area and am adamantly opposed to the Four Peaks Music Festival "Mass Public Gathering" permit being approved. I, like most people who live In this area, chose this area for the express purpose of avoiding Targe public gatherings, noise and heavy traffic, all occasionally or commonly aspects of a more urban life style. We seek a pastoral life style where roads are frequented by walkers and bicyclists, pastures are homy to livestock and lights go out early_ I would have been pro -active last year except I did not hear about the Festival . until the permit had been approved. Central Oregon has several sites that have been expressly developed to house events such as the Four Peaks Music Festival: Deschutes County Expo Center, Sisters Rodeo Grounds, Les Schwab Amphitheater, Crook County Fair Grounds and perhaps others. The Four Peaks organizers have made it abundantly clear that their intent is to grow this event to international proportions. The fact that they do not want to pay to rent the available facilities should not foist burdens on their neighbors. An alarming precedent is being set when one can by-pass all the conditions of an EFU zoned neighborhood to meet the interests of one land owner. It appears the commissioners are missing a viable economic asset to the county coiffers by by-passing the county owned event center that was expressly built and paid for by the tax payers of Deschutes County to house just such large events. As a tax payer, t encourage the commissioners to look at this perspective. The gait proceeds at minimum, given the information available, for 3000 attendees at the current "super early bird" rate of $64.50. per person are close to $200,000. Given the $98.50 ticket price on the day of the event brings proceeds much higher. In addition the $790 county permit fee (for a Mass Public Gathering) will hardly cover Deschutes County planning staff time, Deschutes County public health and police services and emergency/fire staff time that are required for this event all or much of which would not be part of the burden to tax payers given the use of a different site. It is my sincere hope that the county commissioners will consider the dire impact that the influx of 3,000 people have on a quiet, rural life style as well as economic considerations outlined above when making their decision regarding this application. Thank you, Rita Olin Tumalo April 8, 2008 Board of County. Commissioners Community Development Department Deschutes County 117 N.W. Lafayette Bend, Oregon 97701 Dear Board Members, I am writing to you on behalf of myself and my wife as we live in Tumalo just down the street from where the Four Peaks Music Festival was held last year. The "Festival" is applying for a permit to hold this event again this year and we are adamantly opposed to allowing this event to occur. 1) This event is a total invasion of our privacy and our life style here in quiet little Tumalo. 2) The land that this event is being held on is Exclusive Farm Use property. I would like to know where in the statute is it written that "Outdoor Mass Gatherings" are permitted on exclusive farm use property, especially due to the fact this is a "for profit" commercial business event. 3) We are very concerned about the amount of traffic that will be on Tumalo Reservoir Road during this event as many bicycle riders will be on this road throughout the summer months and this event will definitely pose a threat to human life. 4) We are also concerned about the safety issue this event will present as an additional 30 acres of land will be used for camping for upwards of many hundreds of people. If there is any smoking, cooking or fires during the event, surrounding forested properties will be at risk for a potential fire. Will any personnel from the fire department be on site during the entire 2 day event? Will any personnel from the health department be on site to make sure there are no health threats for food consumed? 5) In addition, we are feel the noise level could be a disturbance to ourselves and our animals. We are also of the understanding that the permit applied for is from July 22"d thru July 30`h. This adds up to a grand total of 192 hours and according to LUBA (Land Use Board of Appeals) it stipulates in their headnotes on their website the following: "46. Outdoor Mass Gatherings. Local government decisions authorizing the large outdoor gatherings defined at ORS 433.763(1) that will last more than 120 hours are subject to local land use regulations and are land use decisions subject to LUBA review. Landsem Farms v. Marion County, 44 Or LUBA 611 (2003)." This clearly indicates that the "Festival" would have to amend their request for a permit to limit them to 5 days or one would assume they could not be issued a permit. In addition, several neighbors were told last year by the people putting on the event that last year was the one and only time that Four Peaks Musical Festival was going to operate at 19449 Tumalo Reservoir Road. We are now very concerned that this event will be ongoing well into the future at the above location. As an alternate proposal, we would like to suggest that Deschutes County offer an alternative site to more adequately address the above issues. By recommending a different site for the "Festival", the county will not only save face with the residents of Tumalo but will also generate more revenue for the people of the county by having the "Festival" at a more appropriate location. My wife and I appreciate the time and attention you will be giving to this very important matter. Sincerely yours, Rick and Janice Silver