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HomeMy WebLinkAbout2010-03-03 Business Meeting Audit TestimonyPage 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 farce 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- %ammij Tammy Baney Deschutes County Board of Commissioners 0 541 388-6567 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.com] 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 mountain s. 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 gat 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 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 Page 1 of 2 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 tie inconvenience worthwhile. In reality, Gina Miller's time trial series becomes the sacrificial Iamb for th s 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 recreation al 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 vi ill 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@gmail.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 :he 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 Associatii ►n (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 ewerts and beginners alike. The Sisters Trial Alliance is a local group organized to promote cycling through building of paths and trial:; 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 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, Page 1 of 1 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 doug@rdbrggs.com www.rdbriggs.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 Bonnie Baker A p bop V) }' a) >, ( a) 0 "0 1.., O a) U O ,_, C/> > = Q] b4 3 . a) a) 0 U O O b4 6 cd p '. b4 �" .� U >' 0 ct -0 s_, ... a) A 0 0 u -0 O O 0 n b ct �. - >, 3 cd cn O O a] .d ,4 a) C4 �" 0 O `+--4 a) b a) =M1.0 Il >1 C.) cd = cn C 3 3 Q. b=4 O a)>, a) �� O bt4� U cubct c0 Q b4 a' ,4 O `n > `n �, 'd U a) t •. I: = .cr) p2 - E I. - > Aa t 0 >= a) U o c; - —1-O U Z a) a., ... � .14 Ct U Q. O p 20 o 3 0 a) a) O = 01 6. az aN a) . ' cd cd U v a)cc = 3 r" -- 0 -NC, o O •H E"•� cu ct i 5 Hn v) • .-. a; a +�., cil 'b 1 rtcu Z- 0 ct >,•." bUA >,b a) ¢'..:, E3 >a)Z`t°Jp O b = to v, 'd ) a) co •0ob ^ o - 0 3� ���z COI- Page 1 of 2 Bonnie Baker From: John A. Short [johnshort@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 simpl y 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.oregonwater.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.eset.com Information from ESET NOD32 Antivirus, version of virus signature database 4852 (201002( 9) 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 [ma ilto:casotto© bendca ble.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. 1 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@gmail.com] 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.netj 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. I 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 dauchter 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, I 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 treatedas 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-away s 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 Page 1 of 3 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. 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@mastersofdentistry.net www.mastersofdentistry.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/county-commissioners/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 Bonnie Baker E U Q co �E Vc a) co c o O N E co E c � � co 0 C ; >, 02 co co co - My Dearest County Commissioners, O bQ 1° o E •E cI Ov 5 ct a, ,, o 1) 0 .� � c az o Z � E �v 1) �" ›, v • 3 o rc 3> c,.., c O .d 1) O y O O O O O o 3 � 0 o d ct a) O C tib U -C•,- a, a) O ct ' FA 1) cO (+-4- .4 cn ,_'.,� 0 cn OU = O Cal) ct bo -• y c� 3clip ,cA �•. o ". a) . 4) ' - 4.– o c.0 o '" b . v- a, p4 a; o u, vct>> E � O-� (n -SS1)) E° 0 o .- ° C y 4.b e Ect ° 'tzi O> ,4 O a) c� O ' 1) 3 - O ," M , a) en -o �" .5 ,,,, > rC O ct a) o N o • I. o Z E b `n O ›, O O U >, N O O0 aj ., 'ti 3 bQ Cr � I) = o 0 40 = Q' - �. 1) O Lit >, b,czt o I. >, - C a 0 ,l0 '0 cta) O 4 O0 1.) C4 O s"' 3 ca cu 'v O O o .4 ". O —, a) a) 0 'Cl ct I.1 bA O ,� U cn V, �n ' y ,� O c� c� a) hct d 3E NE •vi rx 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 Page 1 of 2 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 tc have only two events on Skyliners. This event in general is not a huge money maker for us. In 2009, we grossed about $ LK 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 cou it 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 3n hourly rate, money has not been our primary motivator. Now cut the revenue into thirds (2 events instead of 6) ar d 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 Trost of the time, I was the only event organizer present. We are not a high -revenue event like some of the others in term ; of the money generated for the local economy and I feel like we have become the sacrificial Iamb because of that. Nc other events are impacted and honestly, the recreational riding that happens on Skyliners will not be reduced by limitin f. 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: 1. 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 2. Move the event to Dodds Road. Per Erik's suggestion, we are going to go out and look at Dodds Road thi! week to see if we can use the Oregon Youth Challenge facility as a parking area and whether there are trails nea • there for our running component (duathlon). I believe there is a trail head for the Badlands near there and it's rr ore 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. 3. 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 he 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 Page 1 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 endangerir g 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 request , 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.org/boardCalendar/docs/3014/Update_-_Skyliners_Rd_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. For the 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 operati{ig 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 tr jffic. This paragraph does not authorize driving on the left side of the center of a roadway when prohibited under CRS 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 Bonnie Baker Page 1 of 2 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, 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 3f 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 cf 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 cey phrases in county code. "conducted without endangering public safety " and "without seriousl v 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 Sheriffs 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 evert 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 Bonnie Baker Page 1 of 6 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."'@dmxl.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 liabilit 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 place 1 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 ro. d 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 r'port 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. 1 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 roadv ay. Your staff report continues to ignore the dozens and dozens of written and verbal commentaries as to the extraorcinary 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. lam 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.org/boardCalendar/docs/3014/Update_SkylinersRdEvents.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 b,cycle at a safe distance and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bi:ycle. For the 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 lar e 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 prim 3 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 nct 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 appropriatc 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 all( wing 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 simultanecusly. Thus for much of the road there is no way that a motorist can legally and safely pass event rider 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 Sheriffs office to vindicate the assertion that Skyliners Road is not an appropriate venue for cycl%ng 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 l Ionds 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 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 Page 1 of 3 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 tarry 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 th standard violation treatment uner State law for road authorities which establish use restrictions on their roads (in thi case a county road) under ORS 818.130. That treatment declares such violations to be Class D violations, which carry a i99 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 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 stare 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 treat' lent. 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 -ma 1 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 D,3C 1.16.010, a violation of a county ordinance must be classified as a Class A or B violation. To have a class D violatior 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 fc rm used more commonly for "code" violations is completely new outside the Traffic Code. Plus the enforcement proces. 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 a-ma,l 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 r )ad. 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 -ma 1 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 .hall 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 `, JORK PRODUCT PRIVILEGE, AND OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IS INTENDED C NLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SEN. ER 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 NC fIFY THIS OFFICE AND DELETE THE E-MAIL. 3/3/2010 Bonnie Baker Page 1 of 3 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@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, ny 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 te 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 t ) the center of the lane. As a result of the law change, motorists may expect cyclists to operate closer to the righ :- hand side of the road than is safe in these conditions. They may even be under the false impression, from tl ese 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 m3 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 lawful ly. 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 t 11 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 is 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 mo ving 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. [1983 c.338 §701; 1985 c.16 §339] 3/3/2010 Bonnie Baker o a 2^ u. u) Commissioners Baney, Luke and Unger, b cA vUcA CCI cd :J O � •--.0 ct O ¢, o 3 r - O ° p cnry • 3 ;.d 0 bq C U C I. O � bA C �, U � U .fl O UO >, (1.) U�_ b O U cI c� $. ct cI E c,9 a)44 O o o ,1 a) U �;Ct 2 tO O Oct �' > c� .E E U— •c-%-4 ,=-4 3 �b p H. Uczt cd `� ct U > 2 1 i 3 O O b y I. 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CU 0 6-4 a) d ybA p U 0 1:10 cA�� M 0_0c�3�D00 3o0 YI al c4-4 ct 4-4 -4--.m • ° O s1) a) ^ t C a�CD>, cd C S." �.., .-- U z: cu >, O 0 pCU 0 •) U O'' 0 V s.. , 0 V >, to •4 Q. czt t4 .p ° O� an p O y 7 '0 O' 0 >, CA ,� 0- -0 cii o O Ucan O a) r. :. ct ' 0 cu to, U ct CA cd v 6v U c 'C C, d O 0• � � cc•-• >, d~ 0,+,O� • 0 0 0. x 3 s.. al MI cd >, Q a v cd H• cn > ct U b ccs U O 'ci d • -" cn ct - Z . U O� > = y r. - •^ U (y 33 ao >1 $.4 o.-4 U 0 C 4-+ CA cib rici U Z b Z V y to C - •- C C 0 � b UO . s.. O 4.4 Z0 `� 0 Z > a-) 0 Cr CD o -d U al 4 cd a cat .4 .c) c z >, .fid ~ • .4 cn — C ct O ct O� U 0 ,' i • U ... 0 E b .4 CD e cn 0 o C C U OD 0 an C 4r,4 a C OU ;� O Thank you for your time. Page 1 of 3 Bonnie Baker From: Erik Kropp Sent: Wednesday, March 03, 2010 8:30 AM To: Board Subject: FW: Skyliners Road public hearing testimony re: Ordnance 2010-013 to regulate bicycle travel on Skylin.3rs road Sami: I'm forwarding your message to the Board of Commissioners. 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 Skyline rs road Dear Erik, below is written testimony I'd like to submit for today's Public Hearing. BPAC also has a letter in the wor(s. Can you tell me how to submit them? Thank you, Sami Forwarded message From: Sami Fournier <elementexercise cr 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 Sk), liners road To: board@co.deschutes.or.us Cc: Sami Fournier <samireneaffa yahoo.com>, Peter Werner <pwerner@a bendcable.com>, Peter_Russell@a co.deschutes.or.us, Cheryl Howard <howard@bendcable.com>, bendcable.com>, Kevin Tanski <blacktanski@gmail.com>, Michele Sims <michele@outlawnet.com>, Jim Stone <srsports cr cmc.net>, "Matt Martin (work)" <matt martin76@a hotmail.com> 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 sal ety 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. Motori ;ts are allowed and encouraged to pass safely around us by waiting until the oncoming lane is clear of traffic, Ind moving completely over the double -yellow line, when it is clear to pass, which is allowed by law, and marl dated 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 operat ng the bicycle if the person were to fall into the driver's lane of traffic. This paragraph of the law clearly appli 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 tc o the children, two abreast. The child rides to the right of me, along the fog line. This is in order to become mon; visible, by centering myself into the motorists' line of sight for longer. By my position in the roadway, I al n more visible, and I encourage motorists to pass safely around me and the children, in accordance with the aw. The relevant citation is ORS 814.430, exception C, which permits leaving the right edge of the roadway "t 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 ro the center of the lane. As a result of the law change, motorists may expect cyclists to operate closer to the rigl it - hand side of the road than is safe in these conditions. They may even be under the false impression, from t nese 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 m. 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 Commsttee. 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 commi tee, however. The existing laws protect cyclists and motorists, and they need to be enforced and adhered to. T he 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 practi cable 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 paragrapl t 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 Page 1 of 2 Bonnie Baker From: John A. Short [ohnshort@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, 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 pat t of an Event. "Vehicle" means any device including bicycles, in, upon or by which any person or property is or may be transpc rted 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 johnshort@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 tris s. 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 Even: 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 alw Lys 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 thal 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 y )u, 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 happenin 3. For unreasonable people, we're trying to eliminate the ones who, when they see the bikers, speed up, flip off the peop e on the side of the road and begin driving like they're out to kill people. A flagger volunteer cannot do anything to stop thos motorists, but by having an officer there, even if it's a National Guard volunteer, whatever, some blinky light official vel icle 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 w iat 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 t) 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 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. its 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 tig 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 abc ut theexperiencewith the cyclists. By waving someone through the initial flagger, they perceive the road to be "unobstruc°ed" so once a cyclist is presented as an "obstruction" they immediately have a completely overriding negative experience abc ut 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 or, 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