2010-2599-Minutes for Meeting April 14,2010 Recorded 5/4/2010COUNTY
NANCYUBLANKENSHIP,FCOUNTY CLERKS 10i~-7599
COMMISSIONERS' JOURNAL 05/04/2010 10:14:15 AM
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2010-2590
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{ Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, APRIL 14, 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; Tom Blust, Road Department; Marty Wynne, Finance; Nick
Lelack, Community Development; Scott Johnson, Health Services; Timm Schimke,
Solid Waste Department; Mark Pilliod, County Counsel; Rick Silbaugh, 911;
Judith Ure, Administration; and approximately twenty other citizens, including
representatives of the media.
Chair Luke opened the meeting at 10:00 a.m.
1. CITIZEN INPUT
Citizen Tony Aceti asked about a recent article in the Bulletin regarding Code
enforcement. He feels that with the revision of the Comprehensive Plan, the
Board needs to know that people are trying to diversify. The economy has
changed from farming and forest uses to other things, and EFU lands are
primarily being held to satisfy people who don't want to see development.
There needs to be some flexibility and changes in the law to allow people to be
creative with their land. The Board needs to recognize that things have
changed, and perhaps expanding Code enforcement is not the best thing to
address these changes and property rights.
Commissioner Unger stated that the current problem is with a person who has
flagrant disregard of the law. The other issue is having to help neighbors get
along. Commissioner Luke noted that the vast majority of people do voluntary
compliance. Once in a while someone won't stop what they are doing and the
situation has to be properly addressed.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 1 of 12 Pages
Commissioner Baney said that she appreciates Mr. Aceti's input into the
comprehensive plan update. The current problem is that a contractor built a
home without permits, and he is someone who should have known better.
Mr. Aceti added that he would like to see consideration given to those who
want to be able to do more with their property.
2. Before the Board was Consideration of Chair Signature of Document No.
2010-248, a Grant Agreement with the State of Oregon regarding Special
Transportation Operating Funds.
Judith Ure said that this document addresses additional funding of about
$381,000 to support special transportation needs. Half of the funding would go
into the current year's budget. Things change so quickly that the
Transportation Advisory Committee will make decisions on an annual rather
than biennial basis.
BANEY: Move Chair signature.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
3. Before the Board was Consideration of Signature of Order No. 2010-027,
Establishing a Retirement Incentive for Department of Solid Waste
Employees.
Timm Schimke noted that his department has experienced a consistent
reduction in revenue due to less solid waste being brought in. A rate increase
helped, but the budget being submitted for fiscal year 2010-11 suggests the
closure of the Redmond and Bend facilities on Sundays. This would result in
the loss of four positions. Two remain unfilled at this time, but two others
would be lost.
Dave Kanner said that the criteria used are for the budget to allow for the cost,
and for individuals who are eligible to take retirement, which would prevent a
layoff. Sometimes the people who choose to retire are at a higher pay level
than some of the others. The County would not have to pay unemployment
coverage in this case.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 2 of 12 Pages
Early retirement can work well if someone is within a year or so of retirement.
Otherwise, the person could be saddling himself or herself with a lifetime of
lower PERS payments.
Commissioner Baney said that the departments depending on user fees are hit
the hardest during an economic downturn, and everything possible to lighten
the load due to the economy should be done.
Mr. Kanner stated that if someone is laid off who is retirement eligible or will
be eligible within 18 months, that person would be eligible for medical
coverage. The Federal government has been offering some generous subsidies
for COBRA benefits. This would be offered only to those people who have
been laid off since October 2008 and who fit that scenario.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
4. Before the Board was Consideration of Chair Signature of Document No.
2010-246, the Biennial Implementation Plan for Mental Health Treatment,
and Alcohol, Drug and Gambling Prevention Services.
Scott Johnson gave a brief overview of the item, which is part of long-term
planning for services. It is entirely in line with the strategic plan and those of
the Health Department, the Commission on Children & Families and Juvenile
Community Justice.
The Local Public Safety Coordinating Council has had a chance for review the
document and supports it, as has the Mental Health Advisory Committee.
BANEY: Move Chair signature.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 3 of 12 Pages
5. Before the Board was Consideration of Approval of County Administrator's
Signature of Document No. 2010-237, a Memorandum of Understanding
with the 911 County Service District regarding County Internal Services.
Dave Kanner explained that this concerns internal support services to 911 and
the payment of relevant internal service fees.
Commissioner Baney asked that if County Counsel is representing 911 and an
appeal comes to the Board, how Counsel would represent both. Mr. Kanner
replied that he believes Counsel reports to the Governing Body, and any legal
direction that the Board takes is guided by the Governing Body. The question
is, what if the County's interest is opposite of that of 911. Legal Counsel would
probably have to recuse and hire outside counsel.
Mark Pilliod explained that if he was representing the 91.1 Service District
Board, and an appeal went to the Commissioners as the Governing Body of the
District, the appeal would come from the executive board, and the
Commissioners, as the Governing Body, would trump their authority. He does
see this as a possible conflict within his office.
He added that the Executive Board recently received services from outside
counsel for an internal personnel matter.
Mr. Kanner said that the services through the MOU allows them to use County
Counsel at an hourly rate; they could also use outside Counsel if desired. They
do not always use Counsel when they should. Bruce Bischoff, an attorney who
handles many labor contracts and negotiations, does important work, and a
specialty attorney should be consulted when appropriate.
BANEY: Move approval.
LINGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
6. 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.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 4 of 12 Pages
Chair Luke opened the public hearing, which had been continued from the
Board's March 3, 2010 meeting.
Erik Kropp said that there has been a recommendation to move the road
improvement project up to 2013 on the Forest Highway Work Plan, to coincide
with the water line project being done by the City of Bend.
Tom Blust explained that the 2013 timeline is aggressive, because both projects
involve a NEPA process and other things related to environmental issues.
Commissioner Baney asked if the NEPA process has been funded. Mr. Blust
said the federal dollars are there, and he does not see funding on the Forest
Highway side as being an issue, but tying the two projects together will be
challenging.
Whit Bazemore testified that he met with Mr. Lewis and others previously, and
talked about sweeping and cleaning Johnson Market Road of glass and other
debris. This was done right away.
He then read a letter that his wife wrote to the Bulletin last year, having to do
with a motorist who threatened her and other cyclists on the road.
He stated that this situation is being handled the wrong way. The residents and
others using local roads do not typically threaten cyclists, but it has happened to
him and others on Skyliners. He did a five-hour training ride to Culver and
back, and did not get buzzed or threatened in any way. He has ridden Skyliners
for thirty minuets and got buzzed, so he can only think it is intentional.
He wants the Board to think about the image of the community and what it
wants to be. Thousands of cyclists live and work here and thousands more
visit. Limiting activity on the road has emboldened motorists there to make it
even more dangerous. If they hit or kill a cyclist, there are consequences. This
is an outdoor community. The people who live up there know this, and it is not
right to reinforce their negative attitude. These people bought houses on the
edge of the wilderness in a beautiful area knowing that others will visit it, and
are asking the County to regulate some of the people who also want to
experience that area. It is not right.
As a citizen and cyclist, he would like to see a decision that holds motorists
more accountable and educates them more. Cycling should be made safer for
all.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 5 of 12 Pages
Commissioner Unger said that he wants to see a safer situation, and he would
like to hear about solutions to help with those motorists. The Board is not able
to regulate speed, but there might be ways to handle this situation more
effectively.
Mr. Bazemore added that instead of a sign for cyclists to ride single-file,
perhaps maybe they could give cyclists three feet. That is the law. Motorists
can pass over the yellow line to pass if it can be done safely.
Commissioner Luke said that not all the motorists there live in the area. Any
change would likely be temporary until the road can be improved. The long-
term solution is to have enough room for everyone and reduce the danger.
Mr. Bazemore stated that if signage says to ride single file, that will send the
message to drivers that this is the law everywhere when it is not. Riding two
abreast is allowed by State law.
He then asked about the gravel recently put down on Sisemore Road, making it
impossible to ride a bike on it. He asked if Sisemore could be hard-packed dirt
instead of gravel. Mr. Blust replied that it is a matter of use over time. The
gravel will pack down eventually. He realizes that gravel roads are not very
bike-friendly when first improved.
Commissioner Baney said that the Board may be able to determine different
procedures for various locations, such as Sisemore Road, relating to the Scenic
Bikeway designation. This is a huge component in being able to link Sisters to
Bend for this type of use.
Jeff Evans testified that he was an elite cyclist who put over 100,000 miles on
his road bikes. He is a proponent of following the rules of the road. Those who
cycle a lot are more aware than those who don't do it often. He said that
cyclists have every right and responsibility to be treated courteously and be
courteous on the roads. They do not have the same choices as those in a
vehicle.
When he was struck by a vehicle, he had taken all the precautions he could, but
someone was not paying attention. That day changed his life forever, including
physically. His employment changed, and a lot more. There was a great deal
of damage done to him, even though he followed the rules and was careful.
There is a responsibility to address those issues in advance and educate people.
His accident was in June 2008, and some things said at the time about it were
not true. He was following the law and being careful. There are no
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 6 of 12 Pages
consequences for motorists who are blatantly disrespectful. He has been spit
on, and hit by a plastic bottle and a bat. Education and an awareness of
consequences for bad behavior on the road are important. He tries to be
courteous to drivers and give them the right of way. There are huge
consequences in sending the wrong signal to the public. His life has changed,
and he does not ride on Skyliners anymore as he is afraid of it. Other elite
athletes who bring a lot of business to the community still ride there.
This should be handled in a positive way and care be taken to not send the
wrong signal. A majority of cyclists follow the rules but still can have life-
altering problems with motorists. The driver who hit him suffered no
consequences. There was no change in regulations or any impact on driver
responsibilities resulting from this accident. Cyclists have the same rights as
motorists. He had to hire an attorney to protect himself. He used all of his
savings for medical costs and is now in bankruptcy, as he cannot get back into
the same line of work.
Commissioner Luke said that the Board does not feel it is always the cyclists'
fault. There are a lot of good drivers out there. They all need to share the road.
This was presented to the Board as a road that needs a lot of work. They want
to make it as safe as possible until the road can be improved. People need to
respect each other, and it is hard to regulate that.
Commissioner Unger wants the issue to remain in front of them so it can get the
proper attention. The Ordinance was an attempt to try to create better safety
conditions there. They are trying to figure out a solution and how to handle the
problem with angry people who do not think things through.
Commissioner Baney said that the language is based on regulating bicycle
travel, and perhaps this is not the proper verbiage. She thanked Mr. Evans for
sharing his story. This road is unique. They do not want to be punitive to
cyclists but educational for motorists and cyclists alike.
Mr. Evans said that he has not thought that through, but he is a motorist as well,
and there should be a way to alert motorists that the road can be hazardous and
that there are cyclists on the road. Other places have signs if a road is a
dangerous corridor, and they are responsible for their actions. People drive too
fast on Skyliners already, even if there are no cyclists, and there can be other
hazards such as animals, fallen trees and other vehicles that someone might not
see in time.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 7 of 12 Pages
Commissioner Luke asked what could be done to adjust the speed on the road.
Mr. Blust replied there is a Speed Board, and they would do a study of the
typical speed of vehicles. Usually it is set at what most people usually drive. It
is hard to get speed adjustments, as most follows the basic rule.
Commissioner Baney asked if a study could be done, taking into account the
condition of the road. Mr. Blust said that he has not spoken with anyone in
Salem about it, but could ask them to consider a lower speed limit for a while
until the road is repaired. Commissioner Unger stated that he talked with the
Director already, and the State is ignoring other factors with this and other
roads. The Commissioners asked Mr. Blust to find out more about possibly
adjusting the speed on this road.
Sami Fournier testified that she is involved with safety training for cyclists, and
appreciates the Board addressing the speed issue. She realizes that even with a
bike lane, the most common accident is one at a turn or an intersection. In Mr.
Evans' case, it was a car entering the road. There are those who will volunteer
time to help with education. She feels the Ordinance is not sufficient and is
unfair. An emergency does exist, however. There are five blind curves on the
road, and 45 MPH should be the maximum on those curves. There are deer,
skaters who are training for skiing, and other potential hazards. People need to
be able to report drivers who do not follow the law. About 20% of visitors to
the area travel that road and need to be made aware of conditions. She
appreciates the attention the Board is giving this.
Commissioner Luke said that this is a problem in other areas and a lot of the
offenders are locals.
Commissioner Unger would like to see more accountability for everyone who
uses the road.
Ms. Fournier said that alternatives to using vehicles need to be encouraged, but
the enforcement piece on that road is missing. The speed issue has not been
properly addressed.
Mr. Kropp said that there is a work session this afternoon at 1:30 p.m. that
includes a discussion with the Bicycle Pedestrian Advisory Committee. Chair
Luke continued the hearing to that meeting.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 8 of 12 Pages
Before the Board was Consideration of Approval of the Consent Agenda.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
LINGER: Yes.
LUKE: Chair votes yes.
Consent Agenda Items.
7. Signature of Order No. 2010-026, Declaring Certain Personal Property Surplus
and Authorizing its Sale through Online Auction
8. Signature of Order No. 2010-025, Appointing Gregory P. Colvin as Justice of
the Peace Pro-Tem, through May 15, 2011
9. Signature of a Letter Appointing John Powell to the Deschutes County Planning
Commission, through June 30, 2013
10. Approval of Minutes:
• Business Meeting: April 5 & 7
• Work Sessions: April 5 & 7
CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY
SERVICE DISTRICT
11. Before the Board was Consideration of Signature of Document No. 2010-
239, a Contract for 911 Dispatch Console Replacement and Furniture for
the New 911 Facility.
Rick Silbaugh gave a brief overview of the construction of the new facility,
which doubled capacity and will allow 911 to provide services for a long time.
The new consoles will help a lot with training new personnel without impacting
services. The bids came in quite a bit lower than anticipated as well.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 9 of 12 Pages
12. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 911 County Service District, in the Amount of
$9,222.68.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
13. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $4,056.29.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
14. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,135,398.86.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 10 of 12 Pages
15. ADDITIONS TO THE AGENDA
Before the Board was a Public Hearing and Consideration of Signature of
Resolution No. 2010-027, Approving the Issuance of Recovery Zone
Facility Obligations for the Mental Health Division Residential Treatment
Facility.
Marty Wynne gave a brief explanation of the item. A special hearing is
required for this kind of bonding situation.
Chair Luke opened the hearing. Being no testimony offered, he closed the
hearing.
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE:. Chair votes yes.
Commissioner Unger said he has been asked if the County would be supportive
of a large solar energy generating facility in the area. The Commissioners said
that they do support alternative energy in general, but cannot be specific
regarding potential parcels or land use actions.
Commissioner Luke asked about improvements to Century Drive. Mr. Blust
stated that ODOT has been trying to get funding to have it repaved, through the
Forest Highway program or through stimulus funding. ODOT has the project
ready to go to bid as an overlay project once funding is identified. Bob Bryant
of ODOT has asked about partnerships to get this done, and at the very least
wants support letters. Mr. Blust stated that the road is in need of a lot of repair.
Being no further items addressed, the meeting adjourned at 11:40 a.m.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 11 of 12 Pages
DATED this 14th Day of April 2010 for the Deschutes County Board of
Commissioners.
Dennis R. Luke, Chair
ATTEST:
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Recording Secretary
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Alan Unger, Vice Chair
Ab,WVJ
Tammy Baney, Co ' sioner
Minutes of Board of Commissioners' Business Meeting Wednesday, April 14, 2010
Page 12 of 12 Pages
o { BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest: A,,n,' e ,*;bate: f1 e d
Name
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❑ In Favor LzffNeutral/Undecided Opposed
Submitting written documents as part of testimony? F]Yes F-] No
If so, please give a copy to the Recording Secretary for the record.
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REQUEST TO SPEAK
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Submitting written documents as part of testimony? ❑ Yes ® No
If so, please give a copy to the Recording Secretary for the record.
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Agenda Item of Interest: _24VA-et- i l Date: 4 -14 ~ 10
Name Ot\ -5
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Submitting written documents as part of testimony? F]Yes ❑ No
If so, please give a copy to the Recording Secretary for the record.
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BOARD OF COMMISSIONERS' MEETING
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REQUEST TO SPEAK
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April 13th, 2010
Deschutes County, Board of Commissioners
1300 NW Wall St., Suite 200
Bend, OR 97701
Dear Board of Commissioners,
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I am writing to express the Bicycle Transportation Alliance's (BTA) desire for the Board of
Commissioners to NOT support Ordinance No. 2010-13, Deschutes County Code to Regulate
Bicycle Travel on Skyliners Road. A healthy and safe roadway system incorporates the needs of
all road users without prioritizing the convenience of one user group at the expense of safety for
another user group The BTA understands that conflict can arise between motorists and bicyclists
on certain roadways. However, we feel as though solutions can be sought that will help alleviate
the conflicts and reduces the "us vs. them" mentality that can happen when bicyclists and
motorists are competing for space on the roadway. The BTA feels that enacting new policies that
supplant the Oregon Revised Statute (ORS) and disallow bicyclists riding two-abreast on one
specific sections of roadway will create confusion among both motorists and bicyclists on
roadways other than Skyliner.
The BTA believes that enforcement, encouragement, education, evaluation, and engineering are
integral components of a healthy road. While the engineering of bicycle facilities is a long-term
solution in this situation, we support education of Oregon laws, encouragement of courteous
behavior, and enforcement of the existing ORS to help maintain order and encourage courtesy on
the roadway. Below are existing laws that protect the rights of bicyclists in the roadway and
disallow riding two abreast when impeding the normal and reasonable movement of traffic.
ORS 814.430: Improper use of lanes states that bicyclists must stay as close to the curb as
practicable except when:
• Proceeding at the speed limit
• Turning left
• Lane is not wide enough to allow safe passing
• Surface hazards make it necessary to take more of the lane
Also, bicyclists may ride with not more than one other bicycle as long as the bicyclists are being
operated within a single lane and in a manner that does not impede the normal and reasonable
movement of traffic.
ORS 811.065 Unsafe passing of a person operating a bicycle
(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 bicyclist.
(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 drive to pass the
person operating the bicycle safely and avoid interference with oncoming traffic.
OPENING MINDS AND ROADS TO BICYCLING
BICYCLE TRANSPORTATION ALLIANCE PO BOX 9072 PORTLAND OR 97207 503/226-0676 FAX 503/226-0498
WWW. BTA4BIKES.ORG
The BTA appreciates the work of the Board of Commissioners, Deschutes Bicycle and Pedestrian
Advisory Committee, and local stakeholders. Again, we encourage the Board to vote against
Ordinance No. 2010-13 in exchange for education, encouragement, and enforcement of existing
laws
Yours truly,
Susan Peithman
Statewide Advocate
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Bonnie Baker
From:
John & Nancy Sorlie ansorlie@msn.com]
Sent:
Monday, April 12, 2010 8:34 PM
To:
bendcycling@yahoogroups.com
Cc: howard@bendcable.com; Board; Erik Kropp; John Sorlie
Subject: [Fraud?] Heads up on Skyliner Road
To those that like to ride on Skyliner Road:
I was up riding on Skyliner Road today around noon, going up the hill well over in the right hand lane
when a red Jeep Cherokee that was driving down the hill veered over into my lane in an apparent
attempt to try to run me off the road. Luckily the guy didn't come all the way across the road, so I was
able to hold it together and didn't crash. Nevertheless, it was pretty startling. There was no other
vehicles or cyclists on the road anywhere near, so it was obviously an attempt to intimidate me. I
generally have not had much trouble with drivers up on Skyliner, but I suspect the fact that the
residents have been able to convince the County Commissioners that cyclists need to be controlled on
that road, they feel emboldened now to try and intimidate cyclists.
I received a notice today that the County Commissioners are having a "work session" about a proposed
ordinance to require single file riding on Skyliner. That notice is reproduced below. The Bicycle and
Pedestrian Advisory Committee has come out against the proposed ordinance. I think the County
Commissioners need to be convinced that Skyliner Road is one of the safest and accessible roads for
cyclists to use in and around Bend, and that instead of trying to limit the use of that road for cyclists, it
should be promoted. Rather than putting additional restrictions on cyclists, the Commissioners should
be considering restricting the speed of travel of vehicles on the road to make it safer for cyclists.
Further, there should be signs posted on the road that advises motorists that there are bicycles on the
road and to share the road with them. If the road has become too narrow to safely allow for the vehicles
and bicyclists to pass, then I suggest removing the yellow center line. This would require passing
vehicles to give way to each other. If a motorist has a dedicated lane, then they will assume that they
can pass an oncoming vehicle, even if a cyclists is present. Without a dedicated lane, the motorist will
be forced to share the one travel lane with all the vehicles present, whether it is other vehicles or
cyclists. This works in Europe. There's no reason it can't work here.
Skyliner Road will be the site of numerous state and national events including the National elite time trial
championships, the junior and U/23 National time trial championships, a stage of the longest
consecutively running stage race in the country (the Cascade Cycling Classic), and numerous other
cycling events. It is also the gateway to one of the most famous mountain bike trail system in the
country (Phil's Trail). People come to Bend from all over the country to ride their bikes, and one of the
roads they come to ride is Skyliner Road. To limit that road for use by cyclists, or place greater
restrictions than is required by state law, is counter productive to attracting cyclists and tourists to
Bend. It also gives the impression that our community to does not respect cyclists. This is
unacceptable.
As a result, I encourage each of you to let the County Commissioners know that restricting cyclists is not
the right thing to do.
Thanks,
John Sorlie
Attorney, Bryant, Loviien & Jarvis
Member of the Board of Directors for Economic Development for Central Oregon
Member of the Mt. Bachelor Rotary Club
Co-Manager of the Hutch's/Clear One/Bend Dental bike team
4/13/2010
Page 2 of 2
Here's the notice for the work session
On Wednesday, April 14th the Board of County Commissioners will continue the public hearing on the
proposed single file ordinance for Skyliners Road. This will be at the 10:00 Business Meeting. In addition,
at the Work Session at 1:30 (same day) the Bicycle and Pedestrian Advisory Committee will present
their input on the proposed ordinance.
Agendas and staff reports can be found at:
MailScanner has detected a possible fraud attempt from "mail.bljlawyers.com" claiming to be
http [/www.deschutes.ora/ao/ overnment county-commissioners/board-meetings-and-hearin s board-
meeting-schedule
If you would like to communicate with the Bicvcle and Pedestrian Advisory Committee, the chair is
Cheryl Howard. Her e-mail is howard@bendcable.com
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)
4/13/2010
Page 1 of 1
Bonnie Baker
From: Erik Kropp
Sent: Tuesday, April 13, 2010 7:30 AM
To: Board
Subject: FW: Proposed DC ordinance 2110-013, re Skyliner Road
Attachments: Proposed DC Ordinance 2010-013.doc
FYI
From: RICHARD C RIDENOUR [mailto:RIDENOURR@msn.com]
Sent: Monday, April 12, 2010 7:32 PM
To: Erik Kropp
Subject: Proposed DC ordinance 2110-013, re Skyliner Road
Erik-- Thanks again for so diligently making sure everyone has an opportunity to speak out. Please find
attached my written comment re the proposed ordinance. So sorry I can't be there in person. But I'm on
DCRFPD #2. Our combined monthly meeting and initial budget meeting conflict with the BOCC meeting
tomorrow.
Please accept my attached note as my comment.
Dick
4/13/2010
Date: 4/12/10
To: Deschutes County Board of Commissioners
From: Dick Ridenour
61594 River Road
Bend OR 97701
541 389 3135
ridenourr@msn.com
Re: Proposed Bicycle Ordinance (2010-013) for Skyliner Road
Thank you again for the opportunity to offer a viewpoint on the proposed ordinance. I
unfortunately have another commitment which conflicts with the timing of your public
hearing on this ordinance and so ask that you accept this note as my written comment.
I've attended all prior hearings and neighborhood meetings the County has held on the
subject of bicycle use of Skyliner Road and have found it instructive to listen. I have also
on occasion offered my comments. Although I would have preferred to see a ruling that
no Skyliner Road bicycle events would be sanctioned until the road is rebuilt sometime in
the next several years, since certain events nevertheless will be permitted, I'll certainly
support the conditions imposed.
The Board of course did recognize the additional hazards both motorists and bicyclists
face when recreational bicyclists and motor vehicles use the road simultaneously. Those
hazards have been thoroughly aired in prior hearings and meetings and thus the current
proposed ordinance. The Board and County staff have now traveled Skyliner Road with
an eye to bicycle/motor-vehicle safety.
The Board may or may not know several fatalities have occurred on Skyliner-2 right on
the lower end of the S curve at mile 5, the other about % mile east of that curve; scars on
the trees involved mark the exact spots. In consideration of the current proposed
ordinance, these extreme incidents serve principally to punctuate the danger of travel on
Skyliner Road; there have been multiple other non-fatal accidents along the length of the
road. In its current state of disrepair (no fault to Deschutes County Road Department,
who have historically done a magnificent job, summer and winter alike, of keeping the
road as safe as possible), the road is even more dangerous than it would otherwise be just
because of its narrow width and lack of bike lane.
But in a more mundane sense, reflect back on the opportunities for vehicles to safely pass
each other traveling in the same direction. At least one commenter at the last hearing
suggested it was safer for bicyclists to ride two abreast than to ride single file: the
rationale was that motor vehicles would have to move clear into the oncoming lane to
pass the bicyclists.
Well, ok. But remember there are very few areas for safe passing in any case. But there
are plenty of opportunities for oncoming traffic. If two vehicles are traveling in opposite
2
directions at 50 miles per hour, they are closing at a combined 100 miles per hour. If one
of the vehicles rounds a curve or tops a rise and comes up behind a side-side-by-side pair
of bicyclists and doesn't have room to pass in the oncoming lane or stop before hitting
the bicycles, there will be no good outcome (in fact, a former co-worker of mine
sustained severe injuries in just such a situation on a curve on another narrow two-lane
road while riding two abreast). If, however, the bicycles are single file, at least the
bicyclists have the opportunity to dive for the ditch to avoid being struck by either
vehicle.
I understand all the illustrations offered in past hearings. One person even went to the
extent of speculating that a six-foot-tall bicyclist riding on/near the fog line would need
(per Oregon statute) enough room to fall in his lane of travel without extending into the
oncoming lane. I'm a little confused by some of the logic there: wouldn't that make it
illegal for six-foot bicyclists to at all ride on Skyliner Road?
I've as a bicyclist myself been hit twice while obeying all laws pursuant to bicycle
operation; motorists just decided to co-opt the bike lane. I, in other words, was in the
right: I consider myself fortunate I wasn't dead right.
I guess no matter how one looks at it, single file, although in my view still dangerous on
Skyliner Road, is a safer proposition than double file in that single file at least provides
an opportunity for a bicyclist to dive out of the way when his lane of travel is occupied,
legally or illegally, by a motor vehicle approaching from behind.
And my 40+ year history of driving Skyliner Road leads me to believe bicyclists won't
without some firm urging generally choose to ride single file. So I strongly support the
proposed ordinance 2010-013.
Page 1 of 1
Bonnie Baker
From: becky treadwell [dbtreadw@msn.com]
Sent: Tuesday, April 20, 2010 10:49 AM
To: Board
Subject: FW: work session/ 4-14-10
Commissioners-
First of all, Thank you for your time and efforts in addressing Skyliners residents concerns
for the duration of this issue. After sending this to Erik, I felt it necessary to extend my
dismay to you. I amended a suggestion to Erik that a sign supplementing the "Share
the Road" sign, state paraphrasing of the Oregon Statute for slow moving vehicles. "Slow
Moving Vehicles Yield Roadway to Normal Traffic Flow", or some variation thereof, and cite
the ordinance number.
Thanks, Doug Treadwell
From: dbtreadw@msn.com
To: erik_kropp@co.deschutes.or.us; wmidan@earthlink.net; ericamy_anderson@msn.com;
jenny@thegigglinggardener.com; johnshort@usa.com; marcylmonte@gmail.com;
sean@pointblankinc.com
Subject: work session/ 4-14-10
Date: Tue, 20 Apr 2010 09:56:21 -0700
Erik-
I'd like to make comment on last weeks "work-session", to express my disappointment of
the decision by the Commissioners following input by the Sheryl Howard of the Bicycle
Advisory Committee. Her presentation stating 3 criteria on their part negated over a year of
complaint and testimony by residents of Skyliners Subdivision about tandem or more
cyclists on the road as being a danger that needed to be addressed soon, if not now.
Her first contention that "by mandating cyclists ride single file, it would exacerbate the
passing of cyclists by creating a longer line of riders and thus subject a vehicle to prolonging
its time in the oncoming lane", is ludicrous and defies logic. She then stated that the
bicyclists [I'm guessing she's putting her own conclusion in here] ride in the road to "better
be seen" by motorists who come up behind them. WHAT?? Lastly, she said an ordinance
applying to Skyliners Road exclusively would confuse the issue of single file usage on other
roads in the area. What's wrong with that? Perhaps the example of riding single file on
Skyliners Road with an ordinance would be an education tool for riders to consider when
riding on other roads in the area. RIDE SINGLE FILE. Why do they have to ride tandem or
more anyway?
Officer Gary Decker volunteered the obvious law, that "slower moving vehicles [and a
bicycle is a vehicle], have to move aside, when safe, so as not to impede following traffic
traveling at posted speed limit." I would think a supplemental sign stating this law, could
be posted along with the confusing "Share the Road" signs. I would construe this as
progress toward a primary and immediate education technique that BPAC and the
commissioners have decided to adopt.
It amazes me that this Advisory Committee coming in at the last hour, has the clout to
negate the time and efforts of Skyliners residents, and influence the commissioners to
prolong immediate attention to the problem. I agree, education is essential, but WHEN is
something concrete going to happen? The word procrastination keeps coming to mind.
Officer Decker offered the only hope for me by saying they should increase patrols up our
road. With this I see warnings to a few bike riders riding tandem, and a ticket to us
residents for veering across the centerline or "aggressive driving". Thanks, Doug Treadwell
4/21/2010
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, APRIL 14, 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 Signature of Document No. 2010-248, a Grant
Agreement with the State of Oregon regarding Special Transportation
Operating Funds - Judith Ure, Administration
3. CONSIDERATION of Signature of Order No. 2010-027, Establishing a
Retirement Incentive for Department of Solid Waste Employees - Timm
Schimke, Solid Waste Department
4. CONSIDERATION of Chair Signature of the Biennial Implementation Plan
for Mental Health Treatment, and Alcohol, Drug and Gambling Prevention
Services - Scott Johnson, Health Services
5. CONSIDERATION of Approval of County Administrator's Signature of
Document No. 2010-237, a Memorandum of Understanding with the 911
County Service District regarding County Internal Services - Dave Kanner,
County Administrator
6. A PUBLIC HEARING (Continued from March 3) 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, Administration
Board of Commissioners' Business Meeting Agenda Wednesday, April 14, 2010
Page 1 of 7 Pages
CONSENT AGENDA
7. Signature of Order No. 2010-026, Declaring Certain Personal Property Surplus
and Authorizing its Sale through Online Auction
8. Signature of Order No. 2010-025, Appointing Gregory P. Colvin as Justice of
the Peace Pro-Tem, through May 15, 2011
9. Signature of a Letter Appointing John Powell to the Deschutes County
Planning Commission, through June 30, 2013
10. Approval of Minutes:
Business Meeting: April 5 & 7
Work Sessions: April 5 & 7
CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE
DISTRICT
11. CONSIDERATION of Signature of Document No. 2010-239, a Contract for
911 Dispatch Console Replacement and Furniture for the New 911 Facility -
Rick Silbaugh, 911
12. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 911 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
13. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
15. ADDITIONS TO THE AGENDA
Board of Commissioners' Business Meeting Agenda Wednesday, April 14, 2010
Page 2 of 7 Pages
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners ' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572)
Monday, A rip 1 19
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, April 21
11:30 a.m. Redmond Economic Development Luncheon - Eagle Crest, Redmond
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)
Tuesday, April 27
11:30 a.m. League of Women Voters' Forum
Wednesday, April 28
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, A rin 129
10:30 a.m. Tour of Work Center and Jail (tentative)
Board of Commissioners' Business Meeting Agenda Wednesday, April 14, 2010
Page 3 of 7 Pages
Monday, Mai
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)
Wednesday, May 12
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, May 13
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond City Hall
Monday, May 17
9:00 a.m. Budget Committee Meeting and Department Budget Presentations (all day)
Tuesday, May 18
9:00 a.m. Budget Committee Meeting and Department Budget Presentations (all day)
Wednesday, May 19
9:00 a.m. Budget Committee Meeting and Department Budget Presentations (all day)
Thursday, May 20
9:00 a.m. Budget Committee Meeting and Department Budget Presentations (all day)
Monday, May 24
10:00 a.m. Board of Commissioners' Meeting
12:00 noon Regular Meeting with Department Directors .
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, April 14, 2010
Page 4 of 7 Pages
Wednesday, May 26
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, MU 31
Memorial Day - Most County offices will be closed
Wednesday, June 2
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 3
10:00 a.m. Quarterly Meeting with the District Attorney
11:00 a.m. Quarterly Meeting with Community Development
1:30 p.m. Quarterly Meeting with the Road Department
2:30 p.m. Quarterly Meeting with Solid Waste
Monday, June 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday. June 9
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 10
11:00 a.m. Quarterly Update with Health and Human Services
Monday, June 14 through Wednesday, June 16
8:00 - 5:00 Association of Oregon Counties Spring Conference (Riverhouse)
Board of Commissioners' Business Meeting Agenda Wednesday, April 14, 2010
Page 5 of 7 Pages
Wednesday, June 16
11:00 a.m. Youth Challenge Graduation - Fairgrounds
2:00 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 17
10:00 a.m. Quarterly Update with Community Justice
Monday, June 21
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, June 23
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 24
9:00 a.m. Quarterly Meeting with the Fair & Expo Department
11:00 a.m. Quarterly Meeting with the Commission on Children & Families
2:00 p.m. Quarterly Meeting with the Sheriff
Monday, June 28
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 30
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 1
8:00 a.m. Meeting with Sisters City Council, Sisters City Hall
Board of Commissioners' Business Meeting Agenda Wednesday, April 14, 2010
Page 6 of 7 Pages
Monday, July 5
Independence Day Observed - Most County offices will be closed
Wednesday, July 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 8
7:00 a.m. Regular Meeting with Redmond City Council - Redmond Council Chambers
Wednesday, July 14
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, April 14, 2010
Page 7 of 7 Pages
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2A
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oriz
ADDITION TO BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, APRIL 14, 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
CONSIDERATION of Signature of Resolution No. 2010-027, Approving the
Issuance of Recovery Zone Facility Obligations for the Mental Health Division
Residential Treatment Facility - Marty Wynne