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2010-163-Minutes for Meeting March 03,2010 Recorded 3/23/2010COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS V 1010•163 COMMISSIONERS' JOURNAL 03/23/2010 03;36;41 PM 11111! 1Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded at the request of [give reason] previously recorded in Book _ or as Fee Number to correct and Page , Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MARCH 39 2010 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Sarah Johnson, Commission on Children & Families; Susan Ross, Property & Facilities; Tom Blust and George Kolb, Road Department; Peter Russell, Community Development Department; approximately twenty-five other citizens, including representatives of the media. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Approval of the Commission on Children & Families Application for a Grant for a Safe Havens Supervised Visitation Program and Authorization of Chair Signature of Documents. Sarah Johnson gave a brief overview of the item. UNGER: Move approval. BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 1 of 14 Pages 3. Before the Board was Consideration of Signature of Document No. 2010- 163, a Lease Agreement with Telecare Mental Health Services regarding the Deschutes Recovery Center. Susan Ross explained that this is an agreement regarding the operation of the Deschutes Recovery Center, with a ten year initial lease and two five-year options that can be negotiated. Chair Luke asked what the anticipated debt schedule is, since the revenue is $135,000. Dave Kanner said that the debt is in the range of $120,000, but low bond rates may mean this amount will be less. Chair Luke asked if an additional $15,000 per year for future years is enough to take care of maintenance and replacement. Ms. Ross stated that a part of each payment goes towards this fund, and there is a 2% increase in the payment annually. Commissioner Unger asked if reserves are set aside for each building. Mr. Kanner said that indirect service charges to departments would have to be adjusted to establish a capital reserve fund for each building separately, but there is a fund in place for the downtown campus and other locations for this purpose. It is a challenge to establish a set way to handle this issue. Chair Luke said that if a tenant is the sole occupant, a way needs to be found to cover future expenses. Commissioner Baney asked if this might be discussed at a future work session. Mr. Kanner said the general projects funds is used for this purpose, and continues to grow. Chair Luke asked about an incident that occurred years ago in the Juvenile Justice building, which was leased to a provider. He asked if the County is named on the insurance policy as additional insured; and whether $1 million is enough coverage. Mr. Kanner stated that there would be no County liability for anything but the building. Erik Kropp added that there is a tort claim limit that gives additional protection. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 2 of 14 Pages 4. Before the Board was a Public Hearing on Resolution No. 2010-009, Creating a New $100 Skyliners Road Event Fee and Limiting the Events Permitted for Skyliners Road. Chair Luke opened the public hearing. Erik Kropp then gave a staff report with the details of the Resolution. Commissioner Unger asked if the limitations noted make it harder to coordinate events and manage what occurs in the future. He heard that there is another big race coming to Central Oregon, and he does not necessarily want to limit this to exclude new events. Mr. Kropp said that they would have to come before the Board to add events. Commissioner Baney stated that "Visit Bend" is attempting to get in new events and has indicated that they don't feel this will be a big hindrance. However, they are not listed and it is an extra step. Mr. Kropp stated that Fresh Air Sports has historically needed six nights, and the two day limit-would impact that event and not others, which seems unfair to them. They would like four event days at least. Commissioner Unger said that it is a short timeframe, about an hour or so, but it is problematic because of the time of day. He hopes there is some flexibility in this regard. Mr. Kropp said he talked with Gina Miller of Fresh Air Sports, who suggested they start at the top for time trials, and work their way down. He sent this to residents who still feel they don't want the traffic on the road. Commissioner Baney noted that the road does need to be reconstructed, and everything that can be done is being done to try to fast-track this project. Commissioner Unger added that they are dealing with events that can be controlled. The recreational cyclist can go there anytime they want, and that is the challenge. These cyclists are a challenge. Chair Luke said that the first Ordinance has to do with the event fee and limiting events only. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 3 of 14 Pages Whit Bazemore, cyclist, pointed out that the professional events bring a huge amount of money into the area. The Fresh Air Sports events are provided as a public service. There are thousands of athletes, Olympians and amateur athletes living in Central Oregon, and they need a place to train and compete. That is what Fresh Air Sports does. Gina Miller is not getting rich running time trials, but this does affect how people can recreate. All kinds of people train on the road. It is important to note that the responsibility for road safety falls to the motorist. The problems of the road have even overstated by a small minority of people who live in the area. The road needs to be rebuilt, but is not as bad as some people have indicated. It is not illegal to ride two across. There are a lot of areas where there are no bike lanes at all, and motorists and cyclists manage to coexist. Commissioner Baney asked if other roads have been reviewed to see if they might work. He replied that he has not done so. There are other roads that might potentially work, but he is not an organizer. China Hat Road could be good. Sisemore Road would be great if it was ever paved to Sisters. Chair Luke said that this needs to be more of a general policy and not just this road. Alternatives are being reviewed, but none are ideal. Sometimes adjustments need to be made. Commissioner Unger stated that the road is in bad shape and a fee to mitigate problems will help. Once it is reconstructed, the Ordinance could go away. Mr. Bazemore said that he is primarily concerned about the limitation on events. It is a public service to the people who live here and recreate. Peter Werner, a cyclist, said that the $100 fee is not unreasonable if it goes towards the education of cyclists or motorists. Skyliners as a venue is uniquely qualified due to its location and access, and is important economically to the area. Mr. Kanner said that the schools as a staging area is important to the organizers. He referred to an aerial photo of Tetherow, and stated that there is a loop of five or six miles of new roadway in that development, which offers the same proximity to the schools. He asked if this route would work. Mr. Warner said he has not ridden on the roads so does not know. Chair Luke stated that most of the roads are private and permission would be needed to use them. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 4 of 14 Pages Commissioner Unger asked if the schools open themselves up to anything but parking and lawn area. Mr. Warner replied that is where the racers congregate and prepare. Mr. Kropp said the main focus is paved parking. Dick Ridenour lives on Skyliners, and said that he has not changed his opinion from previous testimony. He thanked the Commissioners for their consideration of this issue, and George Kolb of the Road Department who has provided some valuable input, along with the Sheriff's Office. Erik Kropp has worked hard to keep everyone advised and has met with residents to discuss this further. His interest here today is just to say thanks. John Short, a resident of Skyliners, said that they are all trying to figure out what to do with the situation until the road is rebuilt. He is concerned about allowing any events. He is not sure whether he will be allowed to drive up the road during events. If there are hundreds of cyclists, where does his vehicle come in? He asked if the road would be shut down. There is a lot of traffic - 1,200 vehicle trips a day. They can't even cross the double yellow line legally to pass a cyclist. Less of the road is appropriate for passing. Mr. Kropp asked if vehicles would be allowed during events. Mr. Kropp replied that there will be flaggers and sometimes a partial road closure. If there is a parade type of event, the road could be truly closed. Commissioner Baney said that 1,200 trips is more than she thought. George Kolb said he thinks that number sounds high. Traffic counts were done at various points. There might have been 1,200 at the city limits, but as you go further up the road, it goes down to about 200. The count was done twice in May 2009. The count is higher by the schools, but just over 200 in the subdivision at the end. It may be higher certain times of the year, depending on tourist traffic. Capt. Tim Edwards said the double yellow line does not mean there is never an opportunity to pass. It just needs to be safe. You can't pass a vehicle but you could pass a cyclist. The Sheriff's Office tries to enforce the spirit of the law, not the letter of the law. Chair Luke asked if cyclists are allowed to use the road if there is a bike lane. Capt. Edwards said they should except if making a left turn. Chair Luke asked how they could stay in the lane if they are riding two across. He thought they have the same rights and responsibilities as a driver of a vehicle. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 5 of 14 Pages Bill Warburton, cyclists, helps out with many events. Skyliners Road is important to events because it avoids cross-traffic. This is ideal because there are few high-speed crossings. It is preferable to have cars on the roads with cyclists rather than cars pulling out onto the road. They have had time trials on Arnold Market and Johnson Market; there is an issue of having to have a lot of volunteers to mitigate cross-traffic. They are willing to take the bad road instead of cross-traffic. This is why cyclists want to use the road. By limiting the events to two days does not really help the residents. The events that are being grandfathered in anyway, so this doesn't really help. The best thing is letting cyclists and drivers learn how to live together. In his opinion, limiting the events doesn't really help. Some residents want them to go away altogether. Commissioner Baney asked about Dodds Road, near Oregon Youth Challenge. Whether it is now or when the road is rebuilt, another location will have to be examined at least in the short-term. Mr. Warburton replied that he does not know about Dodds Road, but they have mentioned China Hat; however, it has bad pavement and blind corners. Perhaps locations in Tumalo might work. He agrees that it will be a problem for a while. Chair Luke said that there is only one way in and out for Skyliners. If the road is closed, residents can't get in or out from home. Mr. Kropp said that they are looking at Dodds Road. There are about 62 dwellings and some of the road does not have shoulders. They are also talking with Seventh Mountain Resort and the Forest Service, but a big challenge is cross traffic. Chair Luke said that there is a good road out by Horse Ridge that might be considered. Mr. Warburton said that the events try to promote people being able to ride to the event and then ride around town. Mr. Kanner asked about Tetherow. Mr. Weberton said that some of the roads there have sink holes. They used the roads for a junior race and he had to repair some sink holes for that, and more are opening up. A closed event was held there for junior nationals, and the residents were not pleased. They would still have to do the same kind of education process there. Mr. Kanner asked about specific roads in the development. Mr. Weberton said he believes the loop is only about three miles. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 6 of 14 Pages Commissioner Baney stated that she did not realize the Bicycle and Pedestrian Advisory Committee has not taken a look at this issue. She would like to utilize their expertise. She wanted to know if any events are being held up by a delay. Mr. Kropp said that some want to submit their applications for this summer's events. Commissioner Unger stated that he feels the Committee should be involved, but maybe not on this Resolution. Peter Russell of the Committee said that Sami Fournier (who was present) is also on the Committee, and the Committee meets later today. Commissioner Baney said that perhaps this can be an agenda item for them. Sami Fournier said that they would look at Skyliners as a road for citizens to use and not as an event venue. They do have a role at the events because they help the bicycle community overall. The BPAC probably does not have a role in what to charge for events. Mr. Russell said that the County has shared shoulder areas and not bike lanes. Bike lanes are an urban improvement. Commissioner Baney said that the recreational riding and the other enhanced uses of that area are the issue. The residents do not overwhelmingly seem concerned with events as much as the recreational rider. The County needs to balance these needs. Although local events support the locals, it is causing additional use of the road. Those people who live in a location should have first use. Commissioner Unger supports the fee and limiting events because of the construction issues. He suggested four days instead of two. This reflects the bigger issue in the area, which is how residents of the area adjust to recreational events, whether it is cycling or other uses. It is difficult to find a balance. Commissioner Baney disclosed that she is CO-Chair of Wyden's Recreational Committee. Chair Luke said there is no solution for the road that will make everyone happy. It is a compromise. No further testimony was offered on this Resolution, and the hearing and record were closed. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 7 of 14 Pages BANEY: Move approval of Resolution No. 2010-009. UNGER: Yes. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 5. Before the Board was a Public Hearing and Consideration of First and Second Readings, and Adoption by Emergency, of Ordinance No. 2010- 013, Amending County Code to Regulate Bicycle Travel on Skyliners Road. Mr. Kropp came before the Board again, and explained the Ordinance. The purpose is to promote safety along Skyliners Road, as cycling two across may not be suitable there. Chair Luke said there is no expiration date, but the discussion has been that it would remain in place until such time as the road is improved. Mr. Kropp said that a violation would be a Class D infraction, $99 plus fees that bring it to $142. Capt. Gary Decker referred to the ORS, which appears to give the County the authority to impose a Class E violation. Mark Pilliod, County Counsel, indicated that a suggestion is a Class D traffic violation. Mr. Kanner said that a Class D violation can be imposed by the County. Tom Blust said the milepost markers are used for identification, and signage would be placed where the Ordinance takes effect. George Kolb stated that the signs would be placed after Phil's Trail, since there are paved bikeways to that point. Chair Luke opened the public hearing. Peter Werner said he just rode the road yesterday. He pointed out that signage is not only just for cyclists but for motorists as well. The ORS allows vehicles to pass cyclists, and also allows bicyclists on the road. Before passing an Ordinance that appears to infringe upon the rights of one group, perhaps an educational campaign should be undertaken instead of putting in an Ordinance that restricts a certain population Cyclists do not have to signal because that means they have to take a hand off the wheel, so how is a Deputy to know their intent? Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 8 of 14 Pages Also, riding across makes the cyclists more visible. This Ordinance tries to put cyclists on the same plane as motor vehicles, and it is not balanced. The Board should not restrict the movement of a class of citizens. Chair Luke asked is the cellular phone law applies to bicyclists. Mr. Warner said he did not know. Sami Fournier said that she sympathizes with residents, as she is a driver as well. She imagines this situation is frustrating to them. As a member of BPAC, she would like to see the Board use the Committee's expertise so they can evaluate the magnitude of the problem, and meet with residents and others to work on this. This should be more than just attacking it with an Ordinance. There needs to be more reaching out to the public. The ORS requires a motorist passing a bicycle to allow enough room for the cyclist to fall over. With this in mind, it would be difficult for someone to pass anyone on that road, no matter where they are riding. Cyclists cannot impede traffic, regardless if they are riding two across. The vulnerable road user law applies as well. Once a motorist is forced legally into the ongoing traffic lane, it is as a motorist more burdensome to pass a string of single-file riders. This would create more difficulty. Commissioner Unger said that the motive is to create a safer situation. Putting an Ordinance into effect that is short-term is counter-productive. What he is hearing is that there is a lot they can work with today without doing this. Commissioner Baney asked if the single-file activity would create an environment where the cyclists would not want to use the road and limit the use. Ms. Fournier said that cyclists want to be courteous as a rule, and she does not know anything about this possibly affecting the numbers. She added that if it is thought to be safer, perhaps even more cyclists would then use it. Commissioner Baney said that she feels that limiting events will not make a big difference in the day to day use of the road. Ms. Said that there are a lot of good roads to ride, but all are narrow with their own hazards. She asked if there are places where the BPAC feels it might be safer. Chair Luke said the Area Commission on Transportation is looking at improvements. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 9 of 14 Pages Commissioner Unger said that he would like to rethink the Ordinance and work with the BPAC and others for a solid solution that will help educate and provide for safety. Commissioner Unger had to leave the meeting at this time. Ms. Fournier asked if the record could stay open until after the April BPAC meeting. Bill Warburton, cyclists and organizer, said he is also a coach and runs a junior cycling program. It is crucial for them to ride two abreast. They also know when to ride single file. Putting a sign up does a couple of things. It tells motorists that this is required all the time in all places. He is concerned that this would spill into other locations. Motorists sometimes try to educate cyclists themselves, making things very hazardous. Motorists don't always want to share the road even though bicyclists have the same rights and responsibilities. He does not think this Ordinance is well-thought out and could be detrimental. Commissioner Baney asked what he feels is the answer. Mr. Warburton said limiting the recreational use needs to be discussed separately, if that is the goal. The single-file requirement is seen as a way to undermine recreational cycling. Whit Bazemore, cyclist and motorist, said that there are rude cyclists and rude motorists. When cyclists ride three or four abreast, it can be very frustrating. The issue comes down to educating motorists more than cyclists. The road is not that dangerous. They ride McKenzie Pass all the time, which is much more dangerous. Vehicles cannot pass in the same lane safely. There needs to be clearance. This is the law, which is not understood by motorists. Personally, some people live in that area who do not like cyclists. Chair Luke said not to get into personal comments. Mr. Bazemore said that passing the Ordinance would give motorists more a feeling of owning the road when they are supposed to share it. This would be a big step backwards for people who live here and for the idea of this area as a recreational destination. Within the cycling world, this could have a negative impact. They bring millions of dollars to the area each year. To have the County come down on thousands of cyclists and visitors because of a 150 vocal residents is not right. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 10 of 14 Pages Chair Luke said that the County has to look at the overall safety of residents, cyclists and others who use the road. The road is not that safe and they want to reach a compromise for the benefit of everyone. Mr. Bazemore said that he appreciates that the motive is safety, but feels that the Ordinance would not help make it safer. Ms. Fournier stated that the BPCA meets the first Thursday of each month, and can put it on their agenda for April. Commissioner Baney noted that the comments of individual members of BPAC are not speaking for the Committee as a whole. Commissioner Baney said that the work has focused on the transportation component and it was an oversight that BPAC was not involved. Ms. Howard, cyclist and Chair of BPAC, said that they are working towards better communication. BPAC members learned about the Ordinance yesterday and have heard support from all but two members at this point. They hope that the BOCC will hold off on approving the Ordinance until they have a chance to discuss it. Mr. Kanner said that he could not find anything in the law that requires cyclists to ride single file. Bill Warburton observed that he has been told that a bike lane is designated by a wider stripe. Peter Werner said that this is correct. An 8-inch wide strip is needed. A fog strip is 4 inches. They are required to use a bike lane when there is one. They have to ride as far to the right as possible if it is safe and practical. Chair Luke asked that this be clarified by staff or the Sheriff's Office. The hearing was continued until the regular Board business meeting on April 14, 2010. The record remained open. Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Baney asked if the minutes could be approved at today's work session in order to give her a chance to review them. BANEY: Move approval of the Consent Agenda with that exception. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 11 of 14 Pages Consent Agenda Items 6. Signature of Order No. 2010-021, Declaring Certain County Personal Property Surplus and Authorizing its Sale 7. Signature of Order No. 2010-019, regarding the Sale of Certain Real Property Acquired by the County 8. Signature of Document No. 2010-165, an Amendment to an Option Agreement regarding Property in the La Pine Industrial Center 9. Signature of Document No. 2010-164, a Bargain and Sale Deed to the City of Bend regarding a Right of Way for Powers Road 10. Signature of Order No. 2010-016, Changing the Name of a Portion of Morning Glory Drive to Boxwood Lane 11. Signature of Order No. 2010-017, Assigning the Name of Morning Glory Drive to an Unnamed Access Road 12. Signature of Order No. 2010-018, Changing the Name of Baumbusch Lane to Alpine Trail 13. Signature of a Letter Accepting the Resignation of Susan Quatre from the Deschutes County Planning Commission, and Thanking her for her Service 14. Approval of Minutes: (to be approved later in the day) • Business Meeting: February 8 and 24 • Work Session: February 8 and 24 • BOCC/Department Heads Meeting of February 22 • Hearing: February 8 (Skyliners Road Events) • Hearing: February 22 (19'h Street/Transportation System Plan) CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $2,233.65. BANEY: Move approval, subject to review. LUKE: Second. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 12 of 14 Pages VOTE: BANEY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4- H COUNTY SERVICE DISTRICT 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $22,612.18. BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 17. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $596,566.96. BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. 18. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of the Reading of a Proclamation, Declaring March as American Red Cross Month in Deschutes County - Matt Dynice, Chair, Mountain River Chapter of the American Red Cross Mike Mosley, Donor Services Manager; Matt Dynice, Chair of the Mountain River Chapter; and Jennifer Shaw, Donor Scheduling Supervisor, came before the Board. They said that March is historically Red Cross Month throughout the country. Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 13 of 14 Pages Commissioners Unger and Baney thanked them for the work they do in the area. Chair Luke added that they are a reliable and welcome presence during emergency situations. Chair Luke read the Proclamation at this time. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. Mike Mosley said that donations for Haiti have dropped off, but funds are still coming in to help with that disaster. They are waiting to find out if help is needed in Chile as well. Being no further items addressed, the meeting adjourned at 12:05 p.m. DATED this 3rd Day of March 2010 for the Deschutes County Board of Commissioners. ATTEST: iIfI ~IN`~l Recording Secretary Dennis R. Luke, Chair Kll4" Al Unger, Vice Chair Tammy ey, Com ssioner Minutes of Board of Commissioners' Business Meeting Monday, March 3, 2010 Page 14 of 14 Pages 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 DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, MARCH 3, 2010 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. CONSIDERATION of Approval of the Commission on Children & Families Application for a Grant for a Safe Havens Supervised Visitation Program and Authorization of Chair Signature of Documents - Sarah Johnson, Commission on Children & Families 3. CONSIDERATION of Signature of Document No. 2010-163, a Lease Agreement with Telecare Mental Health Services regarding the Deschutes Recovery Center - Susan Ross, Property & Facilities 4. A PUBLIC HEARING on Resolution No. 2010-009, Creating a New $100 Skyliners Road Event Fee and Limiting the Events Permitted for Skyliners Road - Erik Kropp, Deputy County Administrator 5. A PUBLIC HEARING and Consideration of First and Second Readings, and Adoption by Emergency, of Ordinance No. 2010-013, Amending County Code to Regulate Bicycle Travel on Skyliners Road - Erik Kropp, Deputy County Administrator Board of Commissioners' Business Meeting Agenda Wednesday, February 24, 2010 Page 1 of 6 Pages CONSENT AGENDA 6. Signature of Order No. 2010-021, Declaring Certain County Personal Property Surplus and Authorizing its Sale 7. Signature of Order No. 2010-019, regarding the Sale of Certain Real Property Acquired by the County 8. Signature of Document No. 2010-165, an Amendment to an Option Agreement regarding Property in the La Pine Industrial Center 9. Signature of Document No. 2010-164, a Bargain and Sale Deed to the City of Bend regarding a Right of Way for Powers Road 10. Signature of Order No. 2010-016, Changing the Name of a Portion of Morning Glory Drive to Boxwood Lane 11. Signature of Order No. 2010-017, Assigning the Name of Morning Glory Drive to an Unnamed Access Road 12. Signature of Order No. 2010-018, Changing the Name of Baumbusch Lane to Alpine Trail 13. Signature of a Letter Accepting the Resignation of Susan Quatre from the Deschutes County Planning Commission, and Thanking her for her Service 14. Approval of Minutes: • Business Meeting: February 8 and 24 • Work Session: February 8 and 24 • BOCC/Department Heads Meeting of February 22 • Hearing: February 8 (Skyliners Road Events) • Hearing: February 22 (19th Street/Transportation System Plan) CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District Board of Commissioners' Business Meeting Agenda Wednesday, February 24, 2010 Page 2 of 6 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-11 COUNTY SERVICE DISTRICT 16. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 18. ADDITIONS TO THE AGENDA 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, 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 7:30 a.m. Conference Call with State Lobbyist regarding Legislative Session 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 Wednesday, February 24, 2010 Page 3 of 6 Pages Thursday, March 4 7:30 a.m. County Forecast Breakfast - Bend Country Club 10:00 a.m. Quarterly Update with the District Attorney 11:00 a.m. Quarterly Update with Community Development 12:00 p.m. Economic Revitalization Team Meeting 2:30 p.m. Quarterly Update with Solid Waste 3:30 p.m. Quarterly Update with the Road Department Wednesday, March 10 11:45 a.m. Redmond Chamber of Commerce - State of the City Meeting, Chloe's in Redmond 2:00 p.m. Administrative Work Session - could include executive session(s) - note later time Thursday, March 11 7:00 a.m. Regular Meeting with the City of Redmond Council, Council Chambers, Redmond Monday, March 15 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 17 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 18 8:00 a.m. Quarterly Meeting with Health & Human Services 9:00 a.m. Semi-annual Meeting with the Clerk Monday, March 22 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 24 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 Wednesday, February 24, 2010 Page 4 of 6 Pages Thursday, March 25 9:00 a.m. Quarterly Meeting with the Fair & Expo 10:00 a.m. Semi-annual Meeting with the Assessor 2:00 p.m. Quarterly Meeting with the Sheriff 3:00 p.m. Quarterly Meeting with Community Justice Monday, March 29 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 31 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 1 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall Monday, April 5 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, April 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 14 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, April 19 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 Wednesday, February 24, 2010 Page 5 of 6 Pages Wednesday, April 21 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 22 11:00 a.m. Quarterly Meeting with the Commission on Children & Families Monday, April 26 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 28 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, May 3 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, May 5 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 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 Wednesday, February 24, 2010 Page 6 of 6 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orsz ADDITION TO BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, MARCH 3, 2010 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend A. CONSIDERATION of the Reading of a Proclamation, Declaring March as American Red Cross Month in Deschutes County - Matt Dynice, Chair, Mountain River Chapter of the American Red Cross o BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: =F :=Date: v Name Address, Phone #s 3 E-mail address 0_6 . jV! k~ r - In Favor F-] Neutral/Undecided Opposed Submitting written documents as part of testimony? F]Yes EJ No If so, please give a copy to the Recording Secretary for the record. JTES n o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: Date: 3 3 10 J~ Name CAl Address 0/ Phone #s Z S / E-mail address In Favor Neutral/Undecided ~ Opposed Submitting written documents as part of testimony? F~ Yes - No If so, please give a copy to the Recording Secretary for the record. ~G~JTES co 2 o { BOARD OF COMMISSIONERS' MEETING ` REQUEST TO SPEAK Agenda Item of Interest: y Date: 3/3 Name Address Phone #s- J ?13 E-mail address In Favor ❑ Neutral/Undecided F] Opposed Submitting written documents as part of testimony? ❑ Yes KNO If so, please give a copy to the Recording Secretary for the record. G1Jres c . BOARD OF COMMISSIONERS' MEETING Lu REQUEST TO SPEAK Agenda Item of Interest: Name o cS Vl q r c 4. dZ_ 17 7c-51 Date: 3-3 --~O Address 6151(0 r &zJ, 7 7,,~/ Phone #s 5V1 ` ~ldS --7Zf/ S E-mail address 0-5-0- , ocev;'*7 1-1 In Favor F-] Neutral/Undecided J~71 Opposed Submitting written documents as part of testimony? Yes ~No If so, please give a copy to the Recording Secretary for the record. C"AA 411" o BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: (i vt~ r ~oJ Fee 4 ► Date: i v Name r) rtaVN Address DI Phone #s 1~; 4/. :;,5 5, f 5q(::> E-mail address 2Wavta, 61(1 ✓✓l.a It'( , Cow ❑ In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? ❑ Yes No If so, please give a copy to the Recording Secretary for the record. JTES ^ U,T 0o Z~ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: 1►yAryvL Date: 3 117 Name L~ I ra/ &,v- Address a, NO) Z~Aea_ Phone #s S qj - ~q q e q E-mail address e12 i >L I'k, 4t wy) ❑ In Favor F~ Neutral/Undecided V~_Opposed Submitting written documents as part of testimony? es F] No If so, please give a copy to the Recording Secretary f r the record. 0 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: Date: _ Name U~ Address C, Ir Phone #s E-mail ad ❑ In Favor ❑ Neutral/Undecided ❑ Opposed Submitting written documents as part of testimony? ❑ Yes n No If so, please give a copy to the Recording Secretary for the record. ~G~ OyZ o BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: l~ y Name Address Phone #s I E-mail address ❑ In Favor ❑ Neutral/Undecided Opposed Submitting written documents as part of testimony? ❑ Yes ❑ No If so, please give a copy to the Recording Secretary for the record. Date: March 2, 2010 Dear Deschutes County Commissioners: Measures to alleviate bicycle, pedestrian and motorist issues on Skyliners road relate closely to the mission of BPAC to promote safe cycling and walking in the County. BPAC would like to request that you postpone any decision on bicycle-related law changes specific to Skyliners road, pending a review of the options, proposals and issues be taken up by the BPAC, which respectfully requests to be consulted and included in your deliberations on the law changes as proposed, with a view to finding satisfactory solutions for all road users of this particularly valuable Federal Highway. Transportation needs for all users need to be taken into account. The many recreational facilities that users access on this road include the Phil's trail mountain bike system of public land, the Tumalo Falls, and the OMSI camp. Cyclists and motorists alike need to safely travel to and from these destinations. Until the Skyliners widening project is complete, this facility currently constitutes an inherently hazardous and inconvenient environment. In consideration of all users, a change in the law to require cyclists to ride single file, except when passing or turning left, is being considered. This is one among a number of measures which could be considered as a solution to ameliorate the difficulties that road users are experiencing. BPAC is concerned that mandating single file riding alone is not going to ensure that riders are sufficiently close to the edge to ensure safe passing by motorists. Motorist and cyclist education alike is needed on this road to ensure the safety and convenience of all users. BPAC has not yet been given sufficient time to consider proposals, but we believe that a law change is a very intense step, and has potentially far-reaching implications, including being burdensome and difficult, as well as costly, in terms of law enforcement. Please consider involving BPAC in a collaborative process of achieving a reasonable solution and enabling us to offer some alternatives that may not yet have been considered. We would like to initiate a process of collaboration with the interested home owners and event planners, as well as law enforcement to approach a mutually beneficial solution. Sincerely, Cheryl Howard BPAC 14 Sami Fournier Element Exercise 1526 NW Ithaca Ave. Bend, OR 97701 elementexercise@gmail.com March 2, 2010 RE: Ordinance 2010-013, Amending Deschutes County Code to Regulate Bicycle Travel on Skyliners Road and Declaring an Emergency Dear County Commissioners: I am writing to you as a League of American Bicyclists Certified Instructor, and a professional bicycle safety advocate and teacher, and mountain bike coach, operating as an independent contractor. I would appreciate the opportunity to present this written testimony at tomorrow's Public Hearing about Skyliners road. I am concerned that as a motorist myself, and in my work as a cycling instructor, the proposed `single file' law will increase motorist frustration, and will have the unintended effect of decreasing overall safety for me, my students, and recreational cyclists. When we ride with youth or adult students on Skyliners, we generally encourage single- file riding. Motorists are allowed and encouraged to pass safely around us by waiting until the oncoming lane is clear of traffic, and moving completely over the double-yellow line, when it is clear to pass, which is allowed by law, and mandated by the ORS 811.065, Unsafe passing of a person operating a bicycle. According to this 2008 law, a "safe distance" for passing a bicycle means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver's lane of traffic. This paragraph of the law clearly applies on Skyliners. The narrow lanes require a complete lane change of any motorist, to comply with the law. In order to alleviate hazards, where sight-lines are limited, and especially on left-hand curves, I ride next to the children, two abreast. The child rides to the right of me, along the fog line. This is in order to become more visible, by centering myself into the motorists' line of sight for longer. By my position in the roadway, I am more visible, and I encourage motorists to pass safely around me and the children, in accordance with the law. The relevant citation is ORS 814.430, exception C, which permits leaving the right edge of the roadway "to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side." Clearly, this condition obtains on Skyliners. This is in accordance with the national bicycle education program under which I am trained, and which I directed in Washington, DC from 2003-2005. Motorists might not be aware of the need of a cyclist to use the full lane, also, when avoiding a hazard. Motorists might not be able to see crumbling roadway edges and cracks that require cyclists to ride closer to the center of the lane. As a result of the law change, motorists may expect cyclists to operate closer to the right-hand side of the road than is safe in these conditions. They may even be under the false impression, from these proceedings, that cyclists are not entitled to the use of the full lane. If a large group is riding single file, it will be even more difficult for me as a motorist to pass safely. In my car, I can pass a compacted group riding two-by-two with less time spent in the oncoming traffic lane. In either case, regardless of this change, or the position of the cyclist in the road, I am obligated by law in this narrow road, to move over into the oncoming travel lane in my truck, SUV, or on my motorcycle to pass safely and lawfully. Thus, the single file riding law becomes effectively moot and irrelevant for motorists, and fails to address any of the safety issues which have been raised. It is my sincere hope and my job to educate all road users about the existing laws, which were designed to keep cyclists safe and visible on the roadways, as part of sharing the road courteously. We move over where we can, but use the full lane where we must, and we need motorists to use safe and lawful passing speed and distance. As a member of the BPAC, I am tasked with advising you, together with the other members of the Committee. I am deeply disappointed that you did not take the opportunity of our coming before you in February to consult our Advisory Committee about this proposed law change. I am not now speaking on behalf of the committee, however. The existing laws protect cyclists and motorists, and they need to be enforced and adhered to. The proposed change, with the proposed exception, will make the situation more confusing and dangerous for all road users and for law enforcement. Thank you very much for your consideration, Sami Fournier League Cycling Instructor (LCI) #1111 Relevant legal citations: 811.065 ORS (b) The driver of a motor vehicle may drive to the left of the center of a roadway to pass a person operating a bicycle proceeding in the same direction only if the roadway to the left of the center is unobstructed for a sufficient distance to permit the driver to pass the person operating the bicycle safely and avoid interference with oncoming traffic. This paragraph does not authorize driving on the left side of the center of a roadway when prohibited under ORS 811.295, 811.300 or 811.3 10 to 811.325. 814.430 Improper use of lanes; exceptions; penalty. (1) A person commits the offense of improper use of lanes by a bicycle if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway. (2) A person is not in violation of the offense under this section if the person is not operating a bicycle as close as practicable to the right curb or edge of the roadway under any of the following circumstances: (a) When overtaking and passing another bicycle or vehicle that is proceeding in the same direction. (b) When preparing to execute a left turn. (c) When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements. (d) When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of the roadway. (e) When operating a bicycle alongside not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic. (f) When operating on a bicycle lane or bicycle path. (3) The offense described in this section, improper use of lanes by a bicycle, is a Class D traffic violation. [1983 c.338 §701; 1985 c.16 §339] Page 1 of 1 Bonnie Baker From: Doug Werme [dwerme@gmail.com] Sent: Monday, February 08, 2010 8:48 AM To: Board Subject: Skyliners Road To: Deschutes County Board of Commissioners Please do not underestimate the impact of limiting cyclists use of Skyliners road. Every person I talked to at last year's national championship wanted to move to or retire in "this cycling friendly town". The cycling opportunities are a large part of why we retired here, and incidentally, are currently building a $1,3000,000 house, one of the few construction projects active at the present time. Sincerely, Douglas Werme Cheryl Stomps 3/3/2010 Page 1 of 1 Bonnie Baker From: Tammy Baney Sent: Monday, February 08, 2010 10:31 AM To: 'Doug Werme; Board Subject: RE: Skyliners Road Hi Doug and Cheryl- Thank you for your email; please know that your comments have been added to the public record. This is an important issue and I very much appreciate you making time to weigh in! In service to our community- 7ramm'Y Tammy Baney Deschutes County Board of Commissioners O 541 388-6567 1 F 541 385-3202 1 1300 NW Wall Street, Suite 200 Bend, OR 97701 From: Doug Werme [mailto:dwerme@gmail.com] Sent: Monday, February 08, 2010 8:48 AM To: Board Subject: Skyliners Road To: Deschutes County Board of Commissioners Please do not underestimate the impact of limiting cyclists use of Skyliners road. Every person I talked to at last year's national championship wanted to move to or retire in "this cycling friendly town". The cycling opportunities are a large part of why we retired here, and incidentally, are currently building a $1,3000,000 house, one of the few construction projects active at the present time. Sincerely, Douglas Werme Cheryl Stomps 3/3/2010 Page 1 of 1 Bonnie Baker From: rcbski@gmail.com Sent: Monday, February 08, 2010 2:41 PM To: Board Subject: Please don't limit cycling on Skyliners Road To Whom It May Concern: It's come to my attention that the city of Bend is considering a ban or other limits on cycling events on Skyliners Road--home of the National Time Trial championships, and a popular route for cyclists. I would like to add my voice to those in favor of encouraging cycling and opposed to restrictions. In an area known for health consciousness, and a time of increasing awareness of health issues, obesity, and general lack of fitness in the United States, as well as a worldwide focus on "green" activities, I would think it a giant step backward to restrict such healthy, non-polluting activities as cycling. Best regards, Bob Barnes Summit County, Colorado 3/3/2010 Page 1 of 1 Bonnie Baker From: Jacques Mayou & Lovely Lisa [layers@crestviewcable.coml Sent: Monday, February 08, 2010 10:29 PM To: Board Subject: Bike Racing We have a very nice road here in Bend, Skyliners Road, a straight, steady climb out towards the mountains. Hardly anyone lives up there and it dead ends in the National Forest. It was used for the National Time Trial Championship last year and is scheduled to be used this year. A few people are irritated that the riders get in their way of their sacred cars and now our County Commissioners are considering limiting the racing on it. If you feel so inclined, fire off an email to them today (the hearing is this evening). It would be good to get some out of state input. Point out to them that the 2009 National Championships brought $1.44 million to the county. They understand money. Is this true? If so, that's bad. We need the money that come with these great events. As far as that goes, we need even more of those type of things. One concerned Deschutes County resident, Jacques Mayou 3/3/2010 Page 1 of 2 Bonnie Baker From: MARK SPENCER [markkspencer@msn.com] Sent: Tuesday, February 09, 2010 6:16 AM To: Board; bulletinheather@gmail.com; gina@freshairsports.com Subject: Skyliners Rd. Hearing - follow up I attended the public meeting on Feb. 8 and I want to thank you all for your patience and thoughtful responses to the citizen comments, including my own. After returning home, I had a chance to consider the meeting flow and the comments in general, and I realized a general tone. 1. The residents of Skyliners Road have serious concerns about cyclists using that road for recreation. 2. It is generally the recreational cyclists who seem to cause problems. 3. There is a perception that limiting events will in turn limit recreational cycling use. 4. The residents seem more tolerant of events which generate a good bit of money for the community. 5. Reducing the number of events on Skyliners Rd. from 13 down to 9, will make a significant difference. While it is difficult to question perception, I would like to make a few points in response to the above and hope that you will consider this feedback when you meet again to discuss this issue. 1. Bend and Deschutes County will continue to grow and recreational use of Skyliners Rd. will only increase in the future, no matter how many formal cycling events are held there. It is a beautiful place and remains a relatively low travel use area. It really is an ideal location for recreational cycling use. 2. The speed limit on that road is too high. Anyone who drives that road objectively will agree that 55 mph is too fast. The residents repeatedly talked about broken pavement, blind corners, potholes, oncoming cars, sun in the eyes, heavy recreational use, etc. So, why have the same speed limit as Highway 97 or Highway 20? The speed limit should be decreased to 45 or even 35 mph. There is a perception that resurfacing the road will make it much safer, but in reality, that will only increase the speed at which people drive. Cars tend to be slowed by speed bumps, and smooth pavement usually means faster and more aggressive driving. 3. The main problem on Skyliners Road is the negative interaction between the residents and recreational cyclists. The events and the racers are easy targets due to their visibility, but limiting events will do little to mitigate the friction that occurs on a daily basis. It was stated numerous times that the events only occur on 12-13 days per year. Limiting these events may throw the residents "a bone", but in reality, will do nothing to change the underlying problem of cars having to navigate around slow moving cyclists on a road that the residents consider there own personal roadway to and from their homes. 4. The only group that will truly be penalized through this entire process is that of The Fresh Air Sports Time Trial Series. It appears that the Cascade Classic, and The USA Cycling Nationals will be protected in their current format. I'm a pragmatist and I realize that "money talks", but I don't agree with this in principle. The Fresh Air Series has very low impact on the residential community due to it's timing late in the day and does not result in any road closure. The unintended message that would be sent by limiting their events to two, is that Fresh Air doesn't generate enough money for the local economy to make the inconvenience worthwhile. In reality, Gina Miller's time trial series becomes the sacrificial lamb for this entire issue of residents anger toward recreational cyclists. 5. The real issue here is how do we improve safety for the residents of Skyliners Road, the recreational cyclists and for the growing and flourishing tourism use on Skyliners Road and the rest of the community. That has to be done through education and awareness and certainly improved signage will help. Having the race promoters increase their education with participants will help as well. Dedicated bike lanes will 3/3/2010 Page 2 of 2 help. Slowing motorist speed on Skyliners Road will help. I appreciate the Board of Commissioners taking on this task and realize that not everyone will be happy with your decision. Thank you for your consideration of my comments. Mark Spencer Bend, OR "Dissent is the highest form of patriotism." President Thomas Jefferson "Treat the Earth well. It was not given to you by your parents. It was loaned to you by your children.".... Kenyan Proverb "To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public." President 'Teddy' Roosevelt "Life is what happens to you while you're busy making other plans." John Lennon "It is easier to make friends than to keep them" Fortune Cookie "Every time I see an adult on a bicycle, I no longer despair for the future of the human race." H.G. Wells "I have spread my dreams under your feet. Tread softly because you tread on my dreams." William Butler Yeats "Opportunity is missed by most people because it is dressed in overalls and looks like work" - Thomas Edison, Inventor 3/3/2010 Page 1 of 1 Bonnie Baker From: Winter Lewis [winterlewis09@gmaii.com] Sent: Tuesday, February 09, 2010 12:40 PM To: Board Subject: Sisters Area Bike Race Dear Commissioners, I have been in communications with Erin Borla from the Sisters Area Chamber of Commerce about a new biking event we are organizing in Sisters, Oregon on Memorial Day Weekend. Erin suggested contacting the three of you in the hopes of garnering monetary support for our event via the Oregon Lottery Funds. Our event is titled The Sisters Stampede. The event is registered through the Oregon Bike Race Association (OBRA.) OBRA is the governing body for bike racing, including mountain bike, road racing and track racing. The Sisters Stampede will be a part of the summer mountain bike series that draws riders from all over the state of Oregon, southern Washington and northern California. We are currently approved through the Sisters Ranger District to hold the event on Sunday, May 30th, 2010. Our goals with the Stampede are two-fold: (1) Bring in monetary funds via race registration to support and help grow the Sisters Trial Alliance. (2) Expose visitors from outside Central Oregon to the fantastic recreational opportunities and amenities to be had in Sisters Country through a well organized and enjoyable race for experts and beginners alike. The Sisters Trial Alliance is a local group organized to promote cycling through building of paths and trials throughout the Sisters community. To date, we have a few small sponsorships through local businesses including Three Creeks Brewery and Five Pines Lodge. We are in discussions with Ray's Foodplace, Green Ridge Physical Therapy, Sisters Coffee Company and Coca-Cola of Bend to assist in event costs. Our goal is to be sponsored by local area businesses only. Unfortunately, with the current economic climate, the dollar amounts that these businesses are able to offer is small. Thus, we are branching out to secure alternative means of financial support. Our current budget shortfall is $1,000. This money is needed to pay for permits, race support via OBRA, equipment and website construction. Please let me know if there is a time we can meet in person or via phone to expand on this opportunity further. Thanks in advance for any help you can provide. Sincerely, Winter Lewis Assistant Race Director, Sisters Stampede Winter Lewis, O.D., F.A.A.O. InFocus Eye Care 541-318-8388 infocus=eyecare.com 3/3/2010 Page 1 of 1 Bonnie Baker From: Doug Briggs [doug@rdbriggs.com] Sent: Monday, February 08, 2010 8:56 AM To: Board Subject: National Time Trial Championship To Whom It May Concern, I have been made aware that the National Time Trial Championship brought $1.44 million in 2009 to Deschutes County. In these times, this kind of revenue inflow is vital to the health of the community. I live in Summit County, CO where we often have races that require the temporary closing of sections of road. We find it slightly inconvenient, but also recognize that our guests are supporting our county by spending their dollars in our community. I encourage you to permit the Time Trials to take place such that they can contribute the maximum revenue possible to your area. Regards, Doug Briggs Computer Technology Specialist douga rdbrggs com www.rdbAr gs.com c 970 485 2711 o 970 547 4738 Member of The Summit Chamber since 2002 www.summitchamber.org Member of the Better Business Bureau since 2003 www.bbbonline.org 3/3/2010 ~a 00 c 0 m 03 Ct o C,3 O an o ~ U CIS U r.. + U .S: 63 (D 03 • U "d i"'' OU U ~ ~ mom . au rA p4 u u ~ a~ . C's tc."b o 03 C) COO ° I~r 33Q.~ tD o 3 > ° o t ; 4 4 U CA N C: CN ' LO 0) m ~ 03 7:$ -t c C) @U) N ~i U cq ° N Z+ O U Q' r"' O r o 0.0 0 A LL -0 w " O 0 O + + Cd $~y N ~ ~ i r --n ~ cd U c .0 c cd s in~ co °v 3 b z cl :3u p 7E U N U U N ~ 'd o d LL U) I-- U) Cd 5 3 z U rl Page 1 of 2 Bonnie Baker From: John A. Short Bohnshort@usa.com] Sent: Wednesday, February 10, 2010 7:58 AM To: Board Subject: FW: Bike events From: John A. Short [mailto:johnshort@usa.com] Sent: Tuesday, February 09, 2010 11:59 AM To: 'The Short Family' Subject: Bike events Hello Commissioners, Thanks again so much for your after hour time and efforts to resolve issues like the bike events on Skyliners. I simply wanted to say that our family would support permitting the most critical one or two events with full closure of the road for the duration of those events except to allow emergency or evacuation vehicle passage. As a neighborhood, we would obviously need adequate prior notice so we're not just surprised by a closed road one Saturday morning. Sincerely, John John A. Short P.O. Box 1830 Bend, OR 97709 (541) 408-7415 iohnshort@usa.com www.ore onwater.us Information from ESET NOD32 Antivirus, version of virus signature database 4852 (20100209) The message was checked by ESET NOD32 Antivirus. http://www.eset com Information from ESET NOD32 Antivirus, version of virus signature database 4852 (20100209) The message was checked by ESET NOD32 Antivirus. http-;//www. es et. com Information from ESET NOD32 Antivirus, version of virus signature database 4852 (20100209) The message was checked by ESET NOD32 Antivirus. http //www.eset.com 3/3/2010 Page 1 of 1 Bonnie Baker From: Dennis Luke Sent: Wednesday, February 10, 2010 9:28 AM To: 'board@co.deschutes.or.us' Subject: FW: Skyliners Road forward from the hearing. Dennis Luke From: Charles Sottosanti [mailto:casotto@bendcable.com] Sent: Tuesday, February 09, 2010 9:16 PM To: Dennis Luke Subject: Skyliners Road Dennis I wanted to respond to the public hearing on the proposed fee and limited use of this road for athletic events. I was sorry that I could not stay for all testimony but I did get to listen to most of the local residents comments. I came away from this meeting with an opinion that the only option the residents will accept from you is to close the road to all recreational AND event cyclists. It was very clear that it is not only the events that they are upset with but mostly the 7-day a week recreational cyclist such as myself that use this road seven days a week. What that I heard from the citizens input is that everyone is concerned for the cyclist's safety with little input as to why this public hearing was being held. I agree that this road is narrow and needs a lot of repair, if I was a promoter I would be looking at other options. The weekly events need to stay close to town so local riders and runners can attend after their work day. My recommendation to the Commissioners is to set a participant limit such as over 100 participants charge the promoter, if under 100 then no fee will be charged. Prior to the road being rebuilt any event that needs the road completely closed be relocated and only the smaller weekly events be held on Skyliners, after that time all events be allowed. I do not envy you as no result other than closing the road to all cyclists will be acceptable to those who reside on this road, but I hope that with some type of cyclist education and enforcement that all can coexist, thanks for listening. Charlie Sottosanti 3/3/2010 Page 1 of 1 Bonnie Baker From: Candice Todd [candisnaps@gmaii.coml Sent: Wednesday, February 10, 2010 12:00 PM To: Board Subject: Junior Nationals I just heard that you were considering limiting racing on the road where the Road Race was held last year. I just wanted to urge you to allow it - we came to Bend last year from Atlanta and are looking forward to returning, perhaps with more family members. I spent quite a bit of money as I'm sure others did. I was glad to support an economy that supported cycling. I hope you will continue to heartedly support the event. Candice Todd Atlanta, Ga 3/3/2010 Page 1 of 1 Bonnie Baker From: Ed & Rose Zehr [egzehr@toast.net] Sent: Wednesday, February 10, 2010 5:03 PM To: Board Subject: Skyliners Drive Hello Deschutes County Board of Commissioners, I realize that closing the Skyliners Road is a local issue. However, our son has competed in the US National Junior Cycling Championships in your fine city of Bend. He enjoys the Time Trial event on Skyliners Road very much since its a straight shot up to the mountain. He will be back in Bend for the 2010 Championship and then will race pro. l understand that the Cycling Championship brings in around $1.4 million to the local enconomy. Athletics plays a sigificant role in this family with two cyclists and a collegiate women's ice hockey player. Our daughter had several scholarships to play in the US but enrolled at a univeristy in Montreal instead. The boys train nearly every day and we have to share the road with vehicle traffic - that's a reality. Its unfortunate that motorists seem to be unwilling to reciprocate. The Skyliners drive is well known here in Georgia as a great ride for cyclists. It would be unfortunate to have it closed to cyclists. Ed Zehr 3/3/2010 Page 1 of 1 Bonnie Baker From: ron dean [ronbdean@gmail.com] Sent: Wednesday, February 10, 2010 8:55 PM To: Board Subject: obvious missed point at skyliners meeting Dear Commissioners Unger, Baney, and Luke, 1 was at most of the public meeting so I missed the last several speakers. I am a Bend resident. One important point was sadly overlooked. Bikes are legitimate vehicles on the road and should be treated as such. What makes Skyliners dangerous is lack of safe and courteous motorists. Getting hit by a car, not bicycle, will kill you. If you come up on a cyclist 1) slow down if it is not safe to pass, 2) cross the middle line when it is safe. These are the most basic rules of driving. The same as you would pass a car. Those concerned with safety do not pass on a curve, thread the needle between a bicycle and an oncoming car, or pass the cyclist without moving out of the lane of the cyclist. Go take a drive up Skyliners and see for yourselves. It is not difficult at all. There are many straight-aways on the road. Skyliners is in terrible shape, and I would like to see some signage asking cyclists to ride single file and avoid Skyliners when the sun is low and in your eyes. It is clear the Skyliner residents don't want bikers on "their" road, but safer driving makes everyone much safer. Bend has grown, Skyliners road has been discovered, a plus for some and a negative for others. Both cyclists and motorists need to do their parts. Decreasing or impacting Fresh Air Sports time trial series is not the answer. It is a great community event. Sincerely Ron Carpenter 3/3/2010 public hearing - Monday, Feb. 8th Bonnie Baker From: Erik Kropp Sent: Tuesday, February 16, 2010 4:52 PM To: Board Subject: FW: we ARE the champions fyi - From: Tad Hodgert [mailto:tad@mastersofdentistry.net] Sent: Tuesday, February 09, 2010 10:31 PM To: Erik Kropp Subject: we ARE the champions Erik, can you forward this to all? At least the commissioners and residents? Thank you. Page 1 of 3 Thanks to everyone for your patience and obvious concern. Every concern I have heard expressed about Skyliner's road is valid. The roadway and the blase recreational riders are equally unsafe. The only saving grace is that in my commutes I am rarely passed by more than 2-4 cars, sometimes none! It may help in that I know both my place and my vulnerability on our road. We do need to `train' both the cyclist and vehicle operators to respect one another, to show proper care and consideration. Regardless, I love that little ride. It is a very nurturing bike ride unlike any other I know. It feels far safer than many of the Eastside rides where passing pickups have blessed me with a face full of beer fueled Copenhagen and `door bumps'. We are good people up in the village. And, all this current fervor is only about organized races. 30 years ago Outside magazine declared 97701 the hottest zip code in America. And people came. Today we stand with very few at the top. Not Boulder, Not Aspen, Not San Diego nor Leavenworth. They all contended, but WE are the Champions! Some of this is just our natural beauty, our Cascade's easy playfulness and magic. A lot of it is because event promoters over the last 4 decades created national awareness of what we have to offer. Many places in America are as beautiful and accessible as Bend. We have earned much of our own success. What we have achieved wasn't just luck. Now, our community just needs to professionally embrace the achievement... show the easy grace and professionalism of success. Sure, doing world class events means closing some roads, just like they do in Europe. A bit of inconvenience is a cheap price, even if one of those roads is mine. The desirability of Bend for sports active people with discretionary income (bright 3/3/2010 public hearing - Monday, Feb. 8th Page 2 of 3 creative fun folks for the most part) is why my real estate is still worth maybe 6 times what I paid for it. They, and their cohorts, are why we have infinite miles of single track trails to play on. I offer that sports active people and our events are why we have grown significant commercial diversity, have shopping that rivals Portland, big city restaurants and performing arts opportunities that we didn't even dream of a couple decades ago. Heck, without the endurance athletes, and the events that brought them, we may not even have spawned the West's best bevy of breweries! We owe these athletes, we owe these selfless race directors, and they continue to benefit us. It isn't going to hurt us to give back, to endure a little inconvenience. Many of our citizens volunteer days worth of their time to these events as a community service. Skyliner's Road IS a serious and scary problem. Blame the county for not maintaining it for these past decades. Blame the Forest Service for trying to shuck their responsibility. Blame the recreational cyclists/athletes/'activists' who ride far from the road edge (an edge often surprising close to the center line!!!). But don't blame the events. Every event on that road is either so significant it demands road closure, or so small that it inconveniences no one. Okay, a bit of irritation here and there, but no true inconvenience. The 3+ decades of the mid-week Skyliner's time trial, perhaps one of the oldest ongoing events of its kind in our nation, acknowledged in that Outside Magazine plug, core to our development as a triathlon/ cycling mecca, is a legendary part of our fabric. The Cascade Cycling Classic has brought us more national clout than the Pole Peddle Paddle. We owe them respect. We owe them appreciation. No race director save MBSEF ever profited from a Skyliner's Time Trial. They do it as a service. Now, we see a plethora of organizations asking us to host national championship events. From Winter Triathlon to trail running, elite road racing, now Jr and masters national cycling championships, Cyclocross, far more, we are host to the finest national exposure we can imagine. These are an exceptionally high IQ populace whose lives define work ethic. And many of them succumb to our attractions. They move here, buy homes, create businesses, provide employment, bring the diverse high end skills we want and need. The few million they spend at each event is the least of their financial worth to us. Bend can't buy healthier more effective marketing than these events. How good can we stand it? We are the current raging best! Why are we NIBYing our success to death? Let's enjoy the fruits of the labors of many ...while we are still on top...and lets cease trying to shove ourselves off the podium! In too few years, some other niche community will be the go to town. Lets do what we can with what we have while the sun is shining on us! We get to live in nirvana... especially those of us lucky enough to live at Skyliner's. We can give back, we can endure a little inconvenience. Let's help our community put on great events. Let's be the grateful hosts we should be. Let's show off our village and its beauties with pride and generosity. Lets do so because it is the right thing to do. Let's do it because these event 3/3/2010 public hearing - Monday, Feb. 8th Page 3 of 3 producers are why our community is different than Klamath Falls and a dozen other highway 97 communities. We've earned this blessing. Lets be active in our gratitude. Appreciatively, Tad Tad Hodgert, DMD Masters of Dentistry 628 NW York Drive, Suite 101 Bend, OR 97701 (541) 389-2300 Office (541) 389-2301 Fax (541) 410-0285 Mobile tad o[7 mastersofdentistM net wN mastersofdentistrU,net From: Erik Kropp [mailto:Erik_Kropp@co.deschutes.or.us] Sent: Friday, February 05, 2010 8:02 AM To: undisclosed-recipients: Subject: public hearing - Monday, Feb. 8th Skyliners Neighbors: A public hearing on Skyliners Road Event Permits is scheduled for Monday, Feb. 8th at 6:00 p.m. Here's the link that includes the proposed resolution: http_//www_deschutes.org_/go/government/count icommissioners/board=meetings=and-hearings/board=meeting-schedule Erik Kropp Deputy County Administrator Deschutes County 1300 NW Wall Street, Suite 200 Bend, OR 97701 541-388-6584 (direct line) 541-385-3202 (fax) 3/3/2010 L a~ Y to m C 0 m O y ~ bA CIS 3 Z O v U C4-4 ~:s o O Q) o N O O Q c 40 OIU O ~ a) 0 rn 00 a moo E ~ O 02 C O CO a bA O b 04 E cy) ~ O c N 4~ 3 o co E b4 cd C;3 os b E5 N O 0 > o ~ o cc o con u o $-4 0 U o 'b ~ O N N tom, i= LiNHf% H C =C; s ~ O to O ~ & o 0 3 > b ~ O U rN 3 0 O a O O to O b 7d Q o 03~ .d b C O r.,., 1O $y..,,(~ O o , 3 0 -d ors. Cd cl N ~ N O O 0 4~ Z N ~ o ~ 0 N o 1° CO o° cd Q, O O Page 1 of 2 Bonnie Baker From: Gina Miller (gina@freshairsports.com) Sent: Monday, March 01, 2010 11:50 AM To: Erik Kropp Cc: Board; Heather; Serena Bishop; Laura Conard; William.P.HILTON@odot.state.or.us Subject: Skyliners Road Dear Erik, Thanks for your time on the phone today. As we discussed, limiting the event permit to two event days for events on Skyliners Road will eliminate a cherished local community event. With the $100 surcharge, it does not pencil out to have only two events on Skyliners. This event in general is not a huge money maker for us. In 2009, we grossed about $1K for all six of our events. We put this event on primarily because it is a fun event that really brings the local cycling and multisport community together. I pay two people to help with this event and have at least four volunteers weekly. Each week takes a minimum of four hours of time between set-up, break-down and to run the course. That doesn't count the time during the week to prepare for the event! You can easily do the math to see that when you break it down to an hourly rate, money has not been our primary motivator. Now cut the revenue into thirds (2 events instead of 6) and add an extra $100 expense and you can see that it doesn't make sense to continue the event - we don't make a lot but when you're talking about a $300-400 gross profit for two events it makes sense to put our efforts elsewhere. While I understand the commissioners are navigating precarious waters and balancing residents, event organizers and community needs, our event has always been deemed by residents to have the least impact on their lives. I have spent countless hours with the County and the residents over the last five years to make sure we worked together and most of the time, I was the only event organizer present. We are not a high-revenue event like some of the others in terms of the money generated for the local economy and I feel like we have become the sacrificial lamb because of that. No other events are impacted and honestly, the recreational riding that happens on Skyliners will not be reduced by limiting our events to two nights. In fact, you could argue that if one of the residents points is that staging big events on Skyliners bring out people to train, having a local, controlled event like the FreshAirSports series is actually better overall than to have people riding out there on their own. As such, we are looking at alternatives. I thought I would reiterate what we talked about today so we can continue our time trial and duathlon series: Potentially reversing the route on Skyliners Road: Start the cycling portion (the "TT") from the end of Skyliners near OMSI/Tumalo Sno Park and ride toward town for six miles, turn around and finish at the Tumalo Sno Park. Again as in my previous proposal, we would hold four events instead of our typical six. This works for a variety of reasons: a. Much less traffic further down Skyliners Road - based on the traffic counts, traffic numbers decrease steadily past the entrance to Phil's Trail Head and the entrance to the "main" subdivision. b. The only major safety issue the residents have with the Thursday night local series is the sun in their eyes. Reversing the direction of the route changes the angle of the sun and by the time the riders turn around, it should be a non-issue. Plus, most residents will be home or not drive that far down Skyliners to reach their homes by the time the cyclists reach the turn-around point c. There is ample parking at the Skyliners and Tumalo Falls Sno parks d. There is trail access for the duathletes - we can run on the dirt road toward Tumalo Falls Move the event to Dodds Road. Per Erik's suggestion, we are going to go out and look at Dodds Road this week to see if we can use the Oregon Youth Challenge facility as a parking area and whether there are trails near there for our running component (duathlon). I believe there is a trail head for the Badlands near there and it's more about where it is in relation to the parking and road at this point to see if it will work and what type of permission we need to use that trail. Move the event to a combination of Century Drive/FS 41. We have internally discussed using Seventh Mountain as a parking/staging area and having cyclist ride down to a starting point near the Entrada Lodge. Cyclists would ride up Century Drive, turn left (crossing the road) onto FS 41(Conklin Road). Take FS 41 to the 3/3/2010 Page 2 of 2 end of the pavement and riding back toward and then down Century Drive, finishing at Seventh Mountain. Runners could then use the trail that parallels Century Drive as our run option. This is on Seventh Mountain's property and requires their buy-in and approval but it may work. We'd end up with about a 10 mile time trial which is a bit shorter than what we have today, but we believe it will be fine. If we can start low enough on Century Drive, riders have enough of a warm-up before the climb near Seventh Mountain. I've left a message with George Kolb to discuss this because I have no idea what jurisdiction the County, ODOT and the forest service have between Century Drive and FS 41. The other challenge is crossing Century Drive but I believe that on a Thursday evening the traffic should be fairly light and perhaps the Deschutes County Sheriff might help us for the first 15 minutes of our event to ensure a safe turn onto FS 41. Thank you for the time to review the alternatives and let us know your thoughts. Ideally, we still maintain that keeping the status quo for our events but limiting us to four is the best solution until the road is repaved, but we are trying to think out of the box for alternatives. I look forward to hearing from the Board of Commissioners and the County about our ideas. Regards, Gina Miller FreshAirSports (541) 318-7388 3/3/2010 Pagel of 3 Bonnie Baker From: Sean Loftus [sean@bartowing.com] Sent: Sunday, February 21, 2010 1:14 PM To: Erik Kropp; Tammy Baney; Alan Unger; Dennis Luke Cc: _admin; _District Attorney; _personnelweb; roaddept; _SO Sheriff; hborrud@bendbulletin.com Subject: Re: Skyliners Road, significant issues of Liability, questions that have gone unanswered despite repeated pleadings. Importance: High Mr. Kropp, I read, with some dismay, your staff report to the commissioners dated February 17th, 2010. Your staff report ignores several key facts, ORS statutes and Oregon law. For example, the fact that your permits allow riders to utilize three (3) feet of a ten (10) foot roadway. Skyliners road is ten feet wide. Most cars are at least five feet wide. ORS 811.065 clearly defines the duties of a motorist to provide adequate room for a cyclist. I include the full text at the end of the email. As you may recall, I definitively showed that on a perfect stretch of Skyliners road, a narrow vehicle, a Subaru, HAS to go over the center line of the road in order to provide adequate safety buffer for a rider near the fog line. Most of Skyliners road is FAR from perfect and the shoulders are in the worst shape. Most cycling event riders ride much further out into traffic. Under Oregon law, there is absolutely no way Skyliners Road can be considered as an acceptable venue for any events without a road closure. By permitting events, Deschutes County will have created a de facto road closure of Skyliners for the duration of ANY event. By any reasonable standard, this is an unreasonable inconvenience to the general public as well as endangering public safety. I am also disturbed that your office continues to consider permits on Skyliners Road suitable in spite of the immediately adjacent and much safer roads that have wider streets AND bike lanes. Roads that can easily use the EXACT same staging areas purportedly preferred by event coordinators while allowing riders and motorists unfettered use of the roadway. Your staff report continues to ignore the dozens and dozens of written and verbal commentaries as to the extraordinary danger to both motorists and cyclists. Your office has been receiving these citizen concerns for at least three years and you still have taken no precautions to protect the County from liability. In addition to the disregard of safety issues cited, your department has, to date, refused no less than 5 written requests to provide our community with a definition of the key phrases, "conducted without endangering public safety " and "without seriously inconveniencing the general public". As of our last correspondence, Deschutes County continue to rely on these issues not having been legally defined while refusing requests that your office seek clarification. I am deeply concerned about the following issues: 3/3/2010 Page 2 of 3 A Deschutes County is using ambiguity in Deschutes County code to act without regard to my family's and my neighbors safety. B Your department has refused multiple written requests to seek any comprehensive affirmative definitions to provide you with the guidelines you state you lack regarding ambiguous wording. C Your departments role in the permit process is to assess the suitability and safety of events that utilize County resources and your department is ignoring complaints voiced by the community most directly affected. D Permitting events on Skyliners road creates a situation where motor vehicle traffic must either operate at speed of the slowest rider, approximately 1/5 the posted speed of Skyliners road, pass illegally, pass in a manner that puts the motorist at risk and legal liability or some combination of these safety issues, in other words you have violated both relevant provisions of the code, public safety and public inconvenience. To sum, I believe that Deschutes County is failing its fiduciary duty to protect the citizens who reside here. Please be aware that I will be contacting the Attorney General for the State of Oregon on Monday to ask that State act in our behalf to halt the issuance of event permits for any and all cycling events on Skyliners Road until the road is widened and made safe for both motorists and cyclists. Sincerely, Sean Loftus 541-318-4280 http//www.deschutes.orgLboardCalendar/doc~30Update~ Skyl_inersRd Events._pdf 811.065 Unsafe passing of person operating bicycle; penalty. (1) A driver of a motor vehicle commits the offense of unsafe passing of a person operating a bicycle if the driver violates any of the following requirements: (a) The driver of a motor vehicle may only pass a person operating a bicycle by driving to the left of the bicycle at a safe distance and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bicycle. Forthe purposes of this paragraph, a "safe distance" means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver's lane of traffic. This paragraph does not apply to a driver operating a motor vehicle: (A) In a lane that is separate from and adjacent to a designated bicycle lane; (B) At a speed not greater than 35 miles per hour; or 3/3/2010 Page 3 of 3 (C) When the driver is passing a person operating a bicycle on the person's right side and the person operating the bicycle is turning left. (b) The driver of a motor vehicle may drive to the left of the center of a roadway to pass a person operating a bicycle proceeding in the same direction only if the roadway to the left of the center is unobstructed for a sufficient distance to permit the driver to pass the person operating the bicycle safely and avoid interference with oncoming traffic. This paragraph does not authorize driving on the left side of the center of a roadway when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325. (c) The driver of a motor vehicle that passes a person operating a bicycle shall return to an authorized lane of traffic as soon as practicable. (2) Passing a person operating a bicycle in a no passing zone in violation of ORS 811.420 constitutes prima facie evidence of commission of the offense described in this section, unsafe passing of a person operating a bicycle, if the passing results in injury to or the death of the person operating the bicycle. (3) The offense described in this section, unsafe passing of a person operating a bicycle, is a Class B traffic violation. [2007 c.794 §2] Note: 811.065 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation. 3/3/2010 Pagel of 2 Bonnie Baker From: Sean Loftus [sean@bartowing.com] Sent: Sunday, February 21, 2010 3:34 PM To: Tammy Baney; Dennis Luke; Alan Unger; Erik Kropp Cc: _admin; _District Attorney; _personnelweb; roaddept; _SO Sheriff Subject: Time is off the essence! please respond as soon as possible. the Deschutes County Commissioners meet on 2/22/2010 at 1:30pm, Skyliners Road events To whom it may concern, While I may not have reached the appropriate party, I am counting on you to forward this to the appropriate individuals or immediately contact me directly so I can forward this to the appropriate parties. Specifically, I am attempting to reach the Deschutes County Legal Counsel, and any other individuals who might play a role in findings regarding event permits, ORS statutes and in the determination of risk and liability to Deschutes County, am writing your office for two reasons. First, I am a citizen of Deschutes County and am deeply concerned about my family's' personal safety. Second, I am a citizen of the County and am concerned about the legal and financial impacts created by the misreading of law by employees of the County. Essentially, Erik Kropp the Deschutes County Deputy Administrator is acting without due consideration for the safety and wellbeing of the citizens and he is misreading the law. HISTORY: Events that Deschutes County has allowed to be permitted on Skyliners road have resulted in several near collisions and it is only luck and good fortune that has prevented tragedies. For at least the last three years residents of Skyliners road have been attempting to have the County protect us by refusing to issue permits for cycling events on Skyliners road or, failing that to close the road to traffic for one or two major events that can bring millions of dollars into Deschutes County. To date, Deschutes County has refused to halt the issuance of permits. The latest staff report by Mr. Kropp, issued on February 17th, 2010, after he received testimony regarding ORS 811.065, road width, physical deterioration of the shoulders and citizen concerns about safety again recommends allowing permits for cycling events on Skyliners. REASON FOR CONCERN: This public process has brought to light the legal, moral and liability issues involved in motorists passing cyclists and the dangers inherent in dual use on Skyliners road. Almost half of Skyliners road from the UGB to the snow park is marked with no passing lanes on one or both sides simultaneously. Thus for much of the road there is no way that a motorist can legally and safely pass event riders. This puts motorists in the position of engaging in unsafe driving or driving at the slowest speed of the rider, again an inconvenience to the general public and a danger to the general public. For the past two years I and others have asked Erik Kropp to seek affirmative definitions for the key phrases in county code. "conducted without endangering public safety " and "without seriously inconveniencing the general public". His office has failed to respond to these requests. REQUEST FOR ACTION: Please help! 3/3/2010 Page 2 of 2 I would like to know what my and other citizen's recourse would be in the event of a lawsuit. If someone is maimed or killed and the driver is sued, I think any prudent attorney would immediately seek redress from the event promoter and Deschutes County. There are ample public statements and written testimony regarding this very important issue including statements from the Deschutes County Sheriff's office to vindicate the assertion that Skyliners Road is not an appropriate venue for cycling races. In summary because of the extremely high danger of motorist cyclist collision and resulting liability, please answer the following questions: 1. What legal advice has the County sought prior to issuing permits on Skyliners Road? 2. What legal advice has the County sought in regards to the definitions I and others have requested regarding public inconvenience and public safety? 3. What provisions has the County made to set aside funds for liability created by issuing a permit in spite of documented dangers inherent in using Skyliners Road as an event venue? 4. What responsibility does the race promoter have relative to civil liability and insurance or bonds to protect the County from liability? 5. What amount of liability insurance or bond does the County currently require from an event promoter? 6. What are my remedies if I am sued, or am involved in a lawsuit? What precautions has the County taken to insure that I or someone else is not a financial victim because of civil exposure for mishaps on Skyliners road? 7. What legal advice has the County sought relative to civil liability and culpability for liability in the event of a collision during a permitted event? 8. What legal advice has the County sought regarding the ability of motorists to comply with ORS 811.065 during a cycling event? Thank you very much for your time and attention. I am sorry to ask for an immediate response. However, given the decision timeline and the lack of forewarning from Deschutes County, I did not have any choice in the matter. The commissioners meet on February 22, 2010 at 1:30pm. Please respond in writing before that time. You can reach me at Sean Loftus 541-318-4280 sean@bartowing.com 3/3/2010 Page 1 of 6 Bonnie Baker From: Sean Loftus [sean@bartowing.com] Sent: Sunday, February 21, 2010 3:42 PM To: consumer.hotline@doj.state.or.us Cc: Board; Erik Kropp; "'hborrud@bendbulletin.com."'@dmx1.co.deschutes.or.us Subject: {Spam?} IMMIDIATE ACTION REQUESTED! Time is of the essence, please act to protect our community. Importance: High To whom it may concern, I am concerned that the Deschutes County Administrator is acting without due consideration of the law and liability inherent in his decision to permit events on Skyliners Road. I have included two email letters to his office and the Deschutes County Commissioners regarding this issue. Essentially the road is to narrow to allow events to be placed on Skyliners Road instead of one any of the other 3000 miles of Deschutes County roadway. After forwarding information to the Deschutes County administrators office about the physical condition of the road and the law regarding motorist cyclist interaction, they still insist on permitting events on a physically degraded and dangerous stretch of road. I believe they are acting against specific provisions of County Code for event permits. The road is constructed in a manner that makes it physically impossible for motorists to comply with Oregon Law while driving anywhere near the speed limit. Please act on our behalf and ask that Deschutes County halt the issuance of any and all event permits on Skyliners Road until the road can be widened into a safe venue. I am requesting the Department of Justice to become involved because I believe that the County, by ignoring Oregon law, is creating substantial liability by continuing to permit events. That liability will cost me and the state monetarily in addition to the physical risks involved. Sincerely, Sean Loftus 16378 Skyliners Road Bend Oregon 97701 541-390-9826 cell EMAIL 1 Mr. Kropp, I read, with some dismay, your staff report to the commissioners dated February 17th, 2010. Your staff report ignores several key facts, ORS statutes and Oregon law. For example, the fact that your permits allow riders to utilize three (3) feet of a ten (10) foot roadway. Skyliners road is ten feet wide. Most cars are at least five feet wide. ORS 811.065 clearly defines the duties of a motorist to provide adequate room for a cyclist. I include the full 3/3/2010 Page 2 of 6 text at the end of the email. As you may recall, I definitively showed that on a perfect stretch of Skyliners road, a narrow vehicle, a Subaru, HAS to go over the center line of the road in order to provide adequate safety buffer for a rider near the fog line. Most of Skyliners road is FAR from perfect and the shoulders are in the worst shape. Most cycling event riders ride much further out into traffic. Under Oregon law, there is absolutely no way Skyliners Road can be considered as an acceptable venue for any events without a road closure. By permitting events, Deschutes County will have created a de facto road closure of Skyliners for the duration of ANY event. By any reasonable standard, this is an unreasonable inconvenience to the general public as well as endangering public safety. I am also disturbed that your office continues to consider permits on Skyliners Road suitable in spite of the immediately adjacent and much safer roads that have wider streets AND bike lanes. Roads that can easily use the EXACT same staging areas purportedly preferred by event coordinators while allowing riders and motorists unfettered use of the roadway. Your staff report continues to ignore the dozens and dozens of written and verbal commentaries as to the extraordinary danger to both motorists and cyclists. Your office has been receiving these citizen concerns for at least three years and you still have taken no precautions to protect the County from liability. In addition to the disregard of safety issues cited, your department has, to date, refused no less than 5 written requests to provide our community with a definition of the key phrases, "conducted without endangering public safety " and "without seriously inconveniencing the general public". As of our last correspondence, Deschutes County continue to rely on these issues not having been legally defined while refusing requests that your office seek clarification. I am deeply concerned about the following issues: A Deschutes County is using ambiguity in Deschutes County code to act without regard to my family's and my neighbors safety. B Your department has refused multiple written requests to seek any comprehensive affirmative definitions to provide you with the guidelines you state you lack regarding ambiguous wording. C Your departments role in the permit process is to assess the suitability and safety of events that utilize County resources and your department is ignoring complaints voiced by the community most directly affected. D Permitting events on Skyliners road creates a situation where motor vehicle traffic must either operate at speed of the slowest rider, approximately 1/5 the posted speed of Skyliners road, pass illegally, pass in a manner that puts the motorist at risk and legal liability or some combination of these safety issues, in other words you have violated both relevant provisions of the code, public safety and public inconvenience. To sum, I believe that Deschutes County is failing its fiduciary duty to protect the citizens who reside here. Please be aware that I will be contacting the Attorney General for the State of Oregon on Monday to ask that State act in our behalf to halt the issuance of event permits for any and all cycling events on Skyliners Road until the road is widened and made safe for both motorists and cyclists. Sincerely, Sean Loftus 541-318-4280 http_//www.deschutes.orR/boardCalendar/docs/ 014/Update - Skyliners_Rd Events,.Pdf 3/3/2010 Page 3 of 6 811.065 Unsafe passing of person operating bicycle; penalty. (1) A driver of a motor vehicle commits the offense of unsafe passing of a person operating a bicycle if the driver violates any of the following requirements: (a) The driver of a motor vehicle may only pass a person operating a bicycle by driving to the left of the bicycle at a safe distance and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bicycle. Forthe purposes of this paragraph, a "safe distance" means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver's lane of traffic. This paragraph does not apply to a driver operating a motor vehicle: (A) In a lane that is separate from and adjacent to a designated bicycle lane; (B) At a speed not greater than 35 miles per hour; or (C) When the driver is passing a person operating a bicycle on the person's right side and the person operating the bicycle is turning left. (b) The driver of a motor vehicle may drive to the left of the center of a roadway to pass a person operating a bicycle proceeding in the same direction only if the roadway to the left of the center is unobstructed for a sufficient distance to permit the driver to pass the person operating the bicycle safely and avoid interference with oncoming traffic. This paragraph does not authorize driving on the left side of the center of a roadway when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325. (c) The driver of a motor vehicle that passes a person operating a bicycle shall return to an authorized lane of traffic as soon as practicable. (2) Passing a person operating a bicycle in a no passing zone in violation of ORS 811.420 constitutes prima facie 3/3/2010 Page 4 of 6 evidence of commission of the offense described in this section, unsafe passing of a person operating a bicycle, if the passing results in injury to or the death of the person operating the bicycle. (3) The offense described in this section, unsafe passing of a person operating a bicycle, is a Class B traffic violation. [2007 c.794 §2] Note: 811.065 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation. EMAIL 2 To whom it may concern, While I may not have reached the appropriate party, I am counting on you to forward this to the appropriate individuals or immediately contact me directly so I can forward this to the appropriate parties. Specifically, I am attempting to reach the Deschutes County Legal Counsel, and any other individuals who might play a role in findings regarding event permits, ORS statutes and in the determination of risk and liability to Deschutes County, I am writing your office for two reasons. First, I am a citizen of Deschutes County and am deeply concerned about my family's' personal safety. Second, I am a citizen of the County and am concerned about the legal and financial impacts created by the misreading of law by employees of the County. Essentially, Erik Kropp the Deschutes County Deputy Administrator is acting without due consideration for the safety and wellbeing of the citizens and he is misreading the law. HISTORY: Events that Deschutes County has allowed to be permitted on Skyliners road have resulted in several near collisions and it is only luck and good fortune that has prevented tragedies. For at least the last three years residents of Skyliners road have been attempting to have the County protect us by refusing to issue permits for cycling events on Skyliners road or, failing that to close the road to traffic for one or two major events that can bring millions of dollars into Deschutes County. To date, Deschutes County has refused to halt the issuance of permits. The latest staff report by Mr. Kropp, issued on February 17th, 2010, after he received testimony regarding ORS 811.065, road width, physical deterioration of the shoulders and citizen concerns about safety again recommends allowing permits for cycling events on Skyliners. REASON FOR CONCERN: This public process has brought to light the legal, moral and liability issues involved in motorists passing cyclists and the dangers inherent in dual use on Skyliners road. Almost half of Skyliners road from the UGB to the snow park is marked with no passing lanes on one or both sides simultaneously. Thus for much of the road there is no way that a motorist can legally and safely pass event riders. 3/3/2010 Page 5 of 6 This puts motorists in the position of engaging in unsafe driving or driving at the slowest speed of the rider, again an inconvenience to the general public and a danger to the general public. For the past two years I and others have asked Erik Kropp to seek affirmative definitions for the key phrases in county code. "conducted without endangering public safety " and "without seriously inconveniencing the general public". His office has failed to respond to these requests. REQUEST FOR ACTION: Please help! I would like to know what my and other citizen's recourse would be in the event of a lawsuit. If someone is maimed or killed and the driver is sued, I think any prudent attorney would immediately seek redress from the event promoter and Deschutes County. There are ample public statements and written testimony regarding this very important issue including statements from the Deschutes County Sheriff's office to vindicate the assertion that Skyliners Road is not an appropriate venue for cycling races. In summary because of the extremely high danger of motorist cyclist collision and resulting liability, please answer the following questions: 1. What legal advice has the County sought prior to issuing permits on Skyliners Road? 2. What legal advice has the County sought in regards to the definitions I and others have requested regarding public inconvenience and public safety? 3. What provisions has the County made to set aside funds for liability created by issuing a permit in spite of documented dangers inherent in using Skyliners Road as an event venue? 4. What responsibility does the race promoter have relative to civil liability and insurance or bonds to protect the County from liability? 5. What amount of liability insurance or bond does the County currently require from an event promoter? 6. What are my remedies if I am sued, or am involved in a lawsuit? What precautions has the County taken to insure that I or someone else is not a financial victim because of civil exposure for mishaps on Skyliners road? 7. What legal advice has the County sought relative to civil liability and culpability for liability in the event of a collision during a permitted event? 8. What legal advice has the County sought regarding the ability of motorists to comply with ORS 811.065 during a cycling event? Thank you very much for your time and attention. am sorry to ask for an immediate response. However, given the decision timeline and the lack of forewarning from Deschutes County, I did not have any choice in the matter. The commissioners meet on February 22, 2010 at 1:30pm. Please respond in writing before that time. You can reach me at Sean Loftus 541-318-4280 sean@bartowing.com 3/3/2010 Pagel of 3 Bonnie Baker From: Mark Pilliod Sent: Tuesday, March 02, 2010 5:27 PM To: Bonnie Baker; Dave Kanner Cc: Susan Brewster Subject: BoCC ordinance re Skyliner Attachments: Chapter 10.06a.doc Based upon Sue Brewster's suggestion, as discussed in this string, I will be submitting (and have attached) an amendment to the proposed code. See attached. Basically, Title 1 of the Code states that all county ordinance violations are either Class A or Class B violations and carry fines either of $700 or $300 respectively. Virtually all violations (if not all violations) deal with other types of code violations, such as violations of the building code, but not traffic violations. The approach in this case was to tie in the standard violation treatment uner State law for road authorities which establish use restrictions on their roads (in this case a county road) under ORS 818.130. That treatment declares such violations to be Class D violations, which carry a $99 fine, plus associated assessments for a total of $142. Thus, the proposed language of 10.06.040 has added: "Notwithstanding DCC 1.16.010..." This should clarify further that the more specific Class D violation treatment specified in the statute will control over arguably inconsistent (Class A or Class B ) treatment under Title 1. If the Board wishes to continue this matter for further consideration, it certainly can do so. Mark Pilliod Deschutes County Legal Counsel 541-388-6625 This mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Susan Brewster Sent: Tuesday, March 02, 2010 4:25 PM To: Mark Pilliod Subject: RE: the Bulletin I agree on there is an argument that the ORSs preempt this ordinance. It would be very helpful if the ordinance is clear and consistent with other code or state provisions -so, for example, the deputies aren't left guessing on fine amounts because of conflicting language within the county code or with the state mandated fine amount. From: Mark Pilliod Sent: Tuesday, March 02, 2010 3:28 PM To: Susan Brewster Subject: RE: the Bulletin so what does the SO want? I can change add language to except out DCC 1.16. Candidly I doubt anyone even considered the county adopting a road use restriction and the consequences under ORS 818. In fact whether we amend or not, my guess is we might an arguement that ORS 818 preempts any other treatment. Mark Pilliod 3/3/2010 Page 2 of 3 Deschutes County Legal Counsel 541-388-6625 This mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Susan Brewster Sent: Tuesday, March 02, 2010 3:18 PM To: Mark Pilliod Subject: RE: the Bulletin Regardless if a UTC or a citation form is used, a class D traffic violation fine/bail amount is $142 as of October 1, 2009. A county ordinance for road use restrictions is still subject to DCC 1.16.010 because it is a county ordinance. Under DCC 1.16.010, a violation of a county ordinance must be classified as a Class A or B violation. To have a class D violation, DCC 1.16.010 needs to be amended. From: Mark Pilliod Sent: Tuesday, March 02, 2010 1:53 PM To: Susan Brewster Subject: RE: the Bulletin I'm not aware of the county ever having adopted road use restrictions, so the use of the UTC rather than a citation form used more commonly for "code" violations is completely new outside the Traffic Code. Plus the enforcement process not being under ORS chapter 153, but rather through a traffic violation process is something I suspect the SO is more comfortable with. I can change it, if that's what you're suggesting. Mark Pilliod Deschutes County Legal Counsel 541-388-6625 This mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Susan Brewster Sent: Tuesday, March 02, 2010 1:32 PM To: Mark Pilliod Subject: RE: the Bulletin Under 818.130 it is still a class D traffic violation with a bail/fine of $142 plus court assessments. I am not disagreeing the BOCC has the authority for the proposed ordinance, just that DDC 1.16. 010 clearly states all violations of county ordnance shall be an A or B violations. From: Mark Pilliod Sent: Tuesday, March 02, 2010 1:12 PM To: Susan Brewster Subject: RE: the Bulletin The board is exercising its power as a road authority. They're essentially creating a moving violation over a county road. As such I think you need to consider ORS 818.130 and the fact that law enforcement can issue UTC's 3/3/2010 Page 3 of 3 Mark Pilliod Deschutes County Legal Counsel 541-388-6625 This mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Susan Brewster Sent: Tuesday, March 02, 2010 10:07 AM To: Mark Pilliod Subject: the Bulletin Hi Marc, I just read the Bulletin article on Skyliner road. It said the penalty for the proposed ordinance was $90.... A class D traffic is $142 plus court assessments. But more importantly, DCC 1.16.010 states that all violations of county ordinances shall be a class A or B with fines of $700 or $300. Where in the heck did they get $90??? Sue Brewster Deschutes County Sheriffs Office Legal Counsel THIS ELECTRONIC TRANSMISSION IS CONFIDENTIAL. IN PARTICULAR, IT MAY BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION OR ANY ACCOMPANYING DOCUMENTS. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THIS OFFICE AND DELETE THE E-MAIL. 3/3/2010 Pagel of 3 Bonnie Baker From: Sami Fournier [elementexercise@gmail.com] Sent: Tuesday, March 02, 2010 11:00 PM To: Board Cc: Sami Fournier; Peter Werner; Peter Russell; Cheryl Howard; Kevin Tanski; Michele Sims; Jim Stone; Matt Martin (work) Subject: Skyliners Road public hearing testimony re: Ordnance 2010-013 to regulate bicycle travel on Skyliners road Sami Fournier Element Exercise 1526 NW Ithaca Ave. Bend, OR 97701 elementexercise@ r iLcom March 2, 2010 RE: Ordinance 2010-013, Amending Deschutes County Code to Regulate Bicycle Travel on Skyliners Road and Declaring an Emergency Dear County Commissioners: I am writing to you as a League of American Bicyclists Certified Instructor, and a professional bicycle safety advocate and teacher, and mountain bike coach, operating as an independent contractor. I would appreciate the opportunity to present this written testimony at tomorrow's Public Hearing about Skyliners road. I am concerned that as a motorist myself, and in my work as a cycling instructor, the proposed `single file' law will increase motorist frustration, and will have the unintended effect of decreasing overall safety for me, my students, and recreational cyclists. When we ride with youth or adult students on Skyliners, we generally encourage single-file riding. Motorists are allowed and encouraged to pass safely around us by waiting until the oncoming lane is clear of traffic, and moving completely over the double-yellow line, when it is clear to pass, which is allowed by law, and mandated by the ORS 811.065, Unsafe passing of a person operating a bicycle. According to this 2008 law, a "safe distance" for passing a bicycle means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver's lane of traffic. This paragraph of the law clearly applies on Skyliners. The narrow lanes require a complete lane change of any motorist, to comply with the law. In order to alleviate hazards, where sight-lines are limited, and especially on left-hand curves, I ride next to the children, two abreast. The child rides to the right of me, along the fog line. This is in order to become more visible, by centering myself into the motorists' line of sight for longer. By my position in the roadway, I am more visible, and I encourage motorists to pass safely around me and the children, in accordance with the law. The relevant citation is ORS 814.430, exception C, which permits leaving the right edge of the roadway "to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side." Clearly, this condition obtains on Skyliners. This is in accordance with the national bicycle education program under which I am trained, and which I directed in Washington, DC from 2003-2005. Motorists might not be aware of the need of a cyclist to use the full lane, also, when avoiding a hazard. Motorists might not be able to see crumbling roadway edges and cracks that require cyclists to ride closer to the center of the lane. As a result of the law change, motorists may expect cyclists to operate closer to the right- hand side of the road than is safe in these conditions. They may even be under the false impression, from these proceedings, that cyclists are not entitled to the use of the full lane. 3/3/2010 Page 2 of 3 If a large group is riding single file, it will be even more difficult for me as a motorist to pass safely. In my car, I can pass a compacted group riding two-by-two with less time spent in the oncoming traffic lane. In either case, regardless of this change, or the position of the cyclist in the road, I am obligated by law in this narrow road, to move over into the oncoming travel lane in my truck, SUV, or on my motorcycle to pass safely and lawfully. Thus, the single file riding law becomes effectively moot and irrelevant for motorists, and fails to address any of the safety issues which have been raised. It is my sincere hope and my job to educate all road users about the existing laws, which were designed to keep cyclists safe and visible on the roadways, as part of sharing the road courteously. We move over where we can, but use the full lane where we must, and we need motorists to use safe and lawful passing speed and distance. As a member of the BPAC, I am tasked with advising you, together with the other members of the Committee. I am deeply disappointed that you did not take the opportunity of our coming before you in February to consult our Advisory Committee about this proposed law change. I am not now speaking on behalf of the committee, however. The existing laws protect cyclists and motorists, and they need to be enforced and adhered to. The proposed change, with the proposed exception, will make the situation more confusing and dangerous for all road users and for law enforcement. Thank you very much for your consideration, Sami Fournier League Cycling Instructor (LCI) #1111 Relevant legal citations: 811.065 ORS (b) The driver of a motor vehicle may drive to the left of the center of a roadway to pass a person operating a bicycle proceeding in the same direction only if the roadway to the left of the center is unobstructed for a sufficient distance to permit the driver to pass the person operating the bicycle safely and avoid interference with oncoming traffic. This paragraph does not authorize driving on the left side of the center of a roadway when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325. 814.430 Improper use of lanes; exceptions; penalty. (1) A person commits the offense of improper use of lanes by a bicycle if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway. (2) A person is not in violation of the offense under this section if the person is not operating a bicycle as close as practicable to the right curb or edge of the roadway under any of the following circumstances: (a) When overtaking and passing another bicycle or vehicle that is proceeding in the same direction. (b) When preparing to execute a left turn. (c) When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph 3/3/2010 Page 3 of 3 excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements. (d) When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of the roadway. (e) When operating a bicycle alongside not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic. (f) When operating on a bicycle lane or bicycle path. (3) The offense described in this section, improper use of lanes by a bicycle, is a Class D traffic violation. 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In addition, I'll add this e-mail to the public record. -Erik From: Sami Fournier [mailto:elementexercise@gmail.com] Sent: Wednesday, March 03, 2010 8:13 AM To: Erik Kropp Subject: Fwd: Skyliners Road public hearing testimony re: Ordnance 2010-013 to regulate bicycle travel on Skyliners road Dear Erik, below is written testimony I'd like to submit for today's Public Hearing. BPAC also has a letter in the works. Can you tell me how to submit them? Thank you, Sami Forwarded message From: Sami Fournier <elementexercise@gmail.com> Date: Tue, Mar 2, 2010 at 11:00 PM Subject: Skyliners Road public hearing testimony re: Ordnance 2010-013 to regulate bicycle travel on Skyliners road To: board a co_ deschutes.or.us Cc: Sami Fournier <samireneaf @ oo.com>, Peter Werner <Rwerner- _ bendeable,com>, Peter -Russell@co.deschutes.or.us, Cheryl Howard <howard _ bendcable.com>, Kevin Tanski <blacktanski@gmail.com>, Michele Sims <michele outlawnet.com> Jim Stone <srs orts cmc.net> "Matt Martin (work)" <matt_martin76@hotmail.com> Sami Fournier Element Exercise 1526 NW Ithaca Ave. Bend, OR 97701 elementexercisegmail.c_o_m March 2, 2010 RE: Ordinance 2010-013, Amending Deschutes County Code to Regulate Bicycle Travel on Skyliners Road and Declaring an Emergency Dear County Commissioners: I am writing to you as a League of American Bicyclists Certified Instructor, and a professional bicycle safety 3/3/2010 Page 2 of 3 advocate and teacher, and mountain bike coach, operating as an independent contractor. I would appreciate the opportunity to present this written testimony at tomorrow's Public Hearing about Skyliners road. I am concerned that as a motorist myself, and in my work as a cycling instructor, the proposed `single file' law will increase motorist frustration, and will have the unintended effect of decreasing overall safety for me, my students, and recreational cyclists. When we ride with youth or adult students on Skyliners, we generally encourage single-file riding. Motorists are allowed and encouraged to pass safely around us by waiting until the oncoming lane is clear of traffic, and moving completely over the double-yellow line, when it is clear to pass, which is allowed by law, and mandated by the ORS 811.065, Unsafe passing of a person operating a bicycle. According to this 2008 law, a "safe distance" for passing a bicycle means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver's lane of traffic. This paragraph of the law clearly applies on Skyliners. The narrow lanes require a complete lane change of any motorist, to comply with the law. In order to alleviate hazards, where sight-lines are limited, and especially on left-hand curves, I ride next to the children, two abreast. The child rides to the right of me, along the fog line. This is in order to become more visible, by centering myself into the motorists' line of sight for longer. By my position in the roadway, I am more visible, and I encourage motorists to pass safely around me and the children, in accordance with the law. The relevant citation is ORS 814.430, exception C, which permits leaving the right edge of the roadway "to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side." Clearly, this condition obtains on Skyliners. This is in accordance with the national bicycle education program under which I am trained, and which I directed in Washington, DC from 2003-2005. Motorists might not be aware of the need of a cyclist to use the full lane, also, when avoiding a hazard. Motorists might not be able to see crumbling roadway edges and cracks that require cyclists to ride closer to the center of the lane. As a result of the law change, motorists may expect cyclists to operate closer to the right- hand side of the road than is safe in these conditions. They may even be under the false impression, from these proceedings, that cyclists are not entitled to the use of the full lane. If a large group is riding single file, it will be even more difficult for me as a motorist to pass safely. In my car, I can pass a compacted group riding two-by-two with less time spent in the oncoming traffic lane. In either case, regardless of this change, or the position of the cyclist in the road, I am obligated by law in this narrow road, to move over into the oncoming travel lane in my truck, SUV, or on my motorcycle to pass safely and lawfully. Thus, the single file riding law becomes effectively moot and irrelevant for motorists, and fails to address any of the safety issues which have been raised. It is my sincere hope and my job to educate all road users about the existing laws, which were designed to keep cyclists safe and visible on the roadways, as part of sharing the road courteously. We move over where we can, but use the full lane where we must, and we need motorists to use safe and lawful passing speed and distance. As a member of the BPAC, I am tasked with advising you, together with the other members of the Committee. I am deeply disappointed that you did not take the opportunity of our coming before you in February to consult our Advisory Committee about this proposed law change. I am not now speaking on behalf of the committee, however. The existing laws protect cyclists and motorists, and they need to be enforced and adhered to. The proposed change, with the proposed exception, will make the situation more confusing and dangerous for all road users and for law enforcement. Thank you very much for your consideration, Sami Fournier League Cycling Instructor (LCI) #1111 3/3/2010 Page 3 of 3 Relevant legal citations: 811.065 ORS (b) The driver of a motor vehicle may drive to the left of the center of a roadway to pass a person operating a bicycle proceeding in the same direction only if the roadway to the left of the center is unobstructed for a sufficient distance to permit the driver to pass the person operating the bicycle safely and avoid interference with oncoming traffic. This paragraph does not authorize driving on the left side of the center of a roadway when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325. 814.430 Improper use of lanes; exceptions; penalty. (1) A person commits the offense of improper use of lanes by a bicycle if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway. (2) A person is not in violation of the offense under this section if the person is not operating a bicycle as close as practicable to the right curb or edge of the roadway under any of the following circumstances: (a) When overtaking and passing another bicycle or vehicle that is proceeding in the same direction. (b) When preparing to execute a left turn. (c) When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements. (d) When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of the roadway. (e) When operating a bicycle alongside not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic. (f) When operating on a bicycle lane or bicycle path. (3) The offense described in this section, improper use of lanes by a bicycle, is a Class D traffic violation. [1983 c.338 §701; 1985 c.16 §339] 3/3/2010 FreshAirSports Time trials Bonnie Baker From: John A. Short Oohnshort@usa.com] Sent: Wednesday, March 03, 2010 9:56 AM To: Erik Kropp; undisclosed-recipients:"'@imr-da02.mx.aol.com; Board Subject: RE: FreshAirSports Time trials Erik, Page 1 of 2 Per the following, can we even legally drive that road at any time during an event? I believe answers to this and Sean's questions are appropriate. Legally, can we even pass bicycles when it would require crossing the double yellow lines? 8.16.090. Acts Prohibited. A. No person shall unreasonably interfere with an Event or Event participant. B. No person shall operate a vehicle between the vehicles or persons comprising an Event if that vehicle is not part of an Event. "Vehicle" means any device including bicycles, in, upon or by which any person or property is or may be transported or drawn upon a public highway and including vehicles that are propelled or powered by any means. John A. Short P.O. Box 1830 Bend, OR 97709 (541) 408-7415 iohnshort@usa.com www.oregonwater.us From: Erik Kropp [mailto:Erik_Kropp@co.deschutes.or.us] Sent: Tuesday, March 02, 2010 1:41 PM To: undisclosed-recipients: Subject: FreshAirSports Time trials Skyliners neighbors: Gina Miller from FreshAirSports asked me to run an idea by you. FreshAirSports holds the Thursday night time trials. To help address the "sun in the eyes of drivers" issue, she was looking at the option of starting the time trials at the top of Skyliners and having riders turnaround after they have travelled 6 miles down. This way, there would be less time when a cyclist is on the road at a time when the sun is in the eyes of the drivers. Please let me know if you have an opinion on this idea. Thank you, Erik Kropp Deputy County Administrator Deschutes County 1300 NW Wall Street, Suite 200 Bend, OR 97701 541-388-6584 (direct line) 541-385-3202 (fax) 3/3/2010 Page 1 of 1 Bonnie Baker From: Bill Warburton [bwana.bill@gmail.com] Sent: Wednesday, March 03, 2010 2:12 PM To: Board Subject: Skyliner's Road Proposed Solution Dear County Commissioners, I heard of the meeting this morning with very little notice and appreciated the chance to be included in the conversation, but I was not well prepared. I understand the comment period is over for the Skyliner's Event Fee and Limiting Events, but there is a very important piece of the solution that I failed to mention today. I like this solution because: 1. it applies to all events equally 2. it focuses directly on providing a safe place for motorists and cyclists 3. it's educational for both motorists and cyclists 4. it is NOT a temporary fix, nor is it specific to a particular road I have been in charge of event venues for local, regional and national events and the one thing that we always do for big events is day of race education. It takes the form of a Volunteer Flagger and an Officer working together. The Flagger stops every car and says something like, "Good afternoon. We have a bike race on the road right now but the road's open. You'll see a bunch of riders out there, and they're watching out for cars, so you're okay to pass them when it's safe. Just be aware and they'll be looking out for you, too. Have a good day, thanks!" The helpful information from the flagger combines with the presence of an officer to substantially reduce driver frustration and keeps their behavior calm while they encounter the riders. It makes them feel like they are doing something well, by driving responsibly, rather than them thinking that the cyclists are doing something irresponsible. We know that stopping cars seems like a burden, but it's the only way to educate for tourists, locals or other users, like runners, dog-walkers, even spectators. We also know that an in convenience at the start of the experience is better than an inconvenience at the end. So being stopped is a burden to some, but they then travel the roadway feeling better about the experience with the cyclists. By waving someone through the initial flagger, they perceive the road to be "unobstructed" so once a cyclist is presented as an "obstruction" they immediately have a completely overriding negative experience about the cyclists and event. The officer I mention does not have to be a full-time police officer. Anyone with an official vehicle, lights on, uniform on, will work. I'm sorry that I was not well prepared enough for the meeting this morning to present my ideas properly. I hope it helps you move forward. Thank you for all your hard work and time for this matter! Cheers, Bill Warburton 3/3/2010 Page 1 of 3 Bonnie Baker From: Bill Warburton [bwana.bill@gmail.com] Sent: Wednesday, March 03, 2010 8:01 PM To: Alan Unger; Tammy Baney; Dennis Luke; Board Subject: Skyliner's Road Proposed Solution update Dear County Commissioners, I proposed my idea earlier today to you in an email to the Board and wanted to give a quick update. I then wrote up the proposal with a little better description to the Bend Cycling email list where most of the community holds its conversation. I have had an overwhelming flood of support from everyone, and they think this is a very good idea to help make our events safer and hold everyone more accountable. David Blair also offered his support of this idea. Again, I know the comment period is over but at least here is something that I think could work for both sides. Thank you, Bill Warburton Correspondence below: Copy of my proposal to the Bend Cycling list: Thanks to Sami for the notice about the meeting this morning. There were 2 issues: Limiting events and Requiring Single File Riding on Skyliners. This is only about events. In the meeting, it was clear that 1. no one understands how the written laws translate to actual bike/car traffic flow on the road 2. we all want education for both motorists and cyclists 3. laws hurting one group or another are unfair 4. temporary restrictions against cyclists are being considered to "improve safety" on Skyliners until the road is rebuilt My point to the board was this If the $100 fee, race limits and single file rule are supposed to improve safety, then let's scrap them and be honest about safety. If the road is deemed too poor for cyclists and motorists to share, then let's have that conversation, not create undermining resolutions that attempt toachievethe same result: fewer cyclists on the road. For events, I'd like to propose an"Educational Flagger backed up by an Officer." have seen this from all sides and it's the best solution I can think of for any-sized event anywhere on open public roads, especially on Skyliner's. For an event's ownliability, to provide safety for racers, to educatemotoristsand hold them accountable, a flagger would stop every motorist and say something like this: "Good afternoon. We have a bike race on the road right now but the road's open. You'll see a bunch of riders out there, and they're watching out for cars, so you're okay to pass them when it's safe. Just be aware and they'll be looking out for you, too. Have a good day, thanks!" That works for reasonable people as they appreciate the knowledge that they're ok to drive while the event's happening. For unreasonable people, we're trying to eliminate the ones who, when they see the bikers, speed up, flip off the people on the side of the road and begin driving like they're out to kill people. A flagger volunteer cannot do anything to stop those motorists, but by having an officer there, even if it's a National Guard volunteer, whatever, some blinky light official vehicle or motorcycle and a person in uniform that's what prevents those people fromexperiencingthe instant rage they might otherwise let take over when they see the congestion, bikes, signage and flaggers. What they really want is to know what to do. 3/4/2010 Page 2 of 3 Think of it this way, the person who is stopped initially to be given directions but doesn't have to stop for cyclists or feel confused or scared or pissed, will have a MUCH betterexperiencethan someone who is waved through by the flagger, thinking the road is "open" only to be slowed by a rider later on. We know that a bad experience that ends well is preferred over a good experience that ends badly. We have to condition the motorist to believe they themselves are playing by the rules, rather than having them think that the cyclists are not. This solution makes the most sense practically, legally andpsychologically. The only problem might be cost of finding the flagger and officer, but to me it makes the event possible, especially if the County drops the $100 fee and instead says you have to donate $100 to the Police so they can send out a moto cop for your event. Best of all, this isn't a temporary restriction, it's something that should happen at all cycling events for ever so we're showing that we can Share the Road, not just take it over when we want. It also eliminates the tourists/resident/uniformed problem we now know that everyone is informed. It also reduces vehicle speed so people are less likely to instantly accelerate to 80mph when an official is watching them leave. Please send me your comments directly. Email is Bill at taicycling dot com Cheers, Bill Copy of my original email fromearliertoday to the Board of Commissioners: Dear County Commissioners, I heard of the meeting this morning with very little notice and appreciated the chance to be included in the conversation, but I was not well prepared. I understand the comment period is over for the Skyliner's Event Fee and Limiting Events, but there is a very important piece of the solution that I failed to mention today. I like this solution because: 1. it applies to all events equally 2. it focuses directly on providing a safe place for motorists and cyclists 3. it's educational for both motorists and cyclists 4. it is NOT a temporary fix, nor is it specific to a particular road I have been in charge of event venues for local, regional and national events and the one thing that we always do for big events is day of race education. It takes the form of a Volunteer Flagger and an Officer working together. The Flagger stops every car and says something like,"Good afternoon. We have a bike race on the road right now but the road's open. You'll see a bunch of riders out there, and they're watching out for cars, so you're okay to pass them when it's safe. Just be aware and they'll be looking out for you, too. Have a good day, thanks!" The helpful information from the flagger combines with the presence of an officer to substantially reduce driver frustration and keeps their behavior calm while they encounter the riders. It makes them feel like they are doing something well, by drivingresponsibly, rather than them thinking that the cyclists are doing something irresponsible. We know that stopping cars seems like a burden, but it's the only way to educate for tourists, locals or other users, like runners, dog-walkers, even spectators. We also know that an inconvenience at the start of the experience is better than aninconvenienceat the end. So being stopped is a burden to some, but they then travel the roadway feeling better about theexperiencewith the cyclists. By waving someone through the initial flagger, they perceive the road to be "unobstructed" so once a cyclist is presented as an "obstruction" they immediately have a completely overriding negative experience about the cyclists and event. The officer I mention does not have to be a full-time police officer. Anyone with an official vehicle, lights on, uniform on, will work. I'm sorry that I was not well prepared enough for the meeting this morning to present my ideas properly. I hope it helps you move forward. Thank you for all your hard work and time for this matter! Cheers, 3/4/2010