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About The Bulletin. (Bend, OR) 1963-current | View Entire Issue (May 20, 2021)
A4 The BulleTin • Thursday, May 20, 2021 Parking Continued from A1 “I feel like I held them accountable,” Lomsky said last week. The city and the city’s insurer agreed that a $35,000 settlement was the best use of public resources and would avoid the cost of a trial, which “was not necessary, but could not be avoided if Mr. Lomsky continued the litigation against the City,” Ian Leithe- iser, an attorney with the city, wrote in an email. Leitheiser called the situation highly unusual. “The payment was simply to save the expenses of a needless trial, so it was a business decision by the City,” he wrote. Kristin Asai, the attorney represent- ing Boss Rambler Beer Club, declined to comment on the settlement or the ongoing litigation between her client and Lomsky. In 2018, the city granted Boss Rambler Beer Club an exemption to change the use of the building, which used to be a snowboard shop. The change meant the business could be- come a restaurant but not be required to add more parking, according to court documents. Masks Continued from A1 During this transition pe- riod, it’s normal for people to be confused, Brooks said. Businesses owners can al- low fully vaccinated customers to enter their establishments without a mask, but only af- ter seeing proof of the vacci- nation, under Oregon Health Authority guidelines released Tuesday. The proof can be a picture or the actual card issued from a government agency or health care provider that includes a name, age, dates of vaccines, who issued those vaccines and the name of the vaccine. If a customer refuses, the guidance requires the person to wear a mask indoors. If a business doesn’t want to do the policing, it has the op- tion of requiring all customers and employees, whether vac- cinated or not, to wear a face covering. “Businesses will need a pol- icy for checking, requesting the proof of a vaccine and review that proof,” said Aaron Corvin, Goddard Continued from A1 For one count of second-de- gree criminal mischief, God- dard will serve 18 months probation, work 40 hours of community service, attend an anger management course and write a letter of apology to the community. The latter condition was the idea of local activist Andrew Heller, whom Goddard yelled at July 11. “He’s the reason this settled and didn’t go to trial,” District Attorney John Hummel told The Bulletin. The incident was one of sev- eral flashpoints in a tense sum- mer of COVID-19 and protests for racial justice that followed the murder of a Black man by police in Minneapolis. Around 7:30 p.m. July 11, Goddard and another man, Robert John Thompson, drove by the 50 to 100 people pro- testing at the corner of NW Franklin Avenue and NW Wall Street. Goddard yelled a pro- Music Continued from A1 Future upgrades will include box seating, improved views of the stage and new food and beverage options. The entire renovation will cost about $4.5 million, which will be covered by the amphitheater. For this concert season, the stage will be expanded from 31 to 62 feet tall and add 1,840 square feet. The additional space will attract more musi- cians who have turned down shows in the past, Smith said. “Now if an artist decides they are not going to come here, it’s not because of our stage,” Smith said. The renovations and new partnership have already at- tracted a record number of musical artists this summer. So far, 14 concerts have been This exemption was possible be- cause there is record of a shared park- ing agreement between the two prop- erties, said Leitheiser. Parking spots on land Lomsky owns were used to meet Boss Rambler Beer Club’s park- ing requirements. But this parking agreement became a central issue. Lomsky sued the city, and argued the city should have noti- fied him, as the owner of the parking, that the use of the neighboring build- ing was changing. He argued it is against the code to allow Boss Rambler Beer Club to meet its own parking code require- ments counting the parking he owns because the two businesses are com- peting — meaning, their customers need to use the parking during similar business hours. Then in 2020, the land use approval for the beer club was appealed to the Land Use Board of Appeals. In March, the city withdrew the land use approval for Boss Rambler Beer Club. “Because the parking situation was not as clear as everyone thought it was in 2018, it was appropriate to start over with a new process,” Leitheiser said. Lomsky, who has spent close to $1 Mask Q&A The Bend Chamber of Commerce will host a free question and answer webi- nar on the mask mandates from 12:30 p.m. to 1:30 p.m. Friday. To register contact the Bend Chamber at 541- 382-3221 or go to bend- chamber.org/bend-event/ webinar-series-unmask- ing-regulations-clarifica- tion-with-osha/. Dean Guernsey/The Bulletin file Boss Rambler Beer Club, pictured in 2019, on Galveston Avenue in Bend. million and years of his life on this lawsuit, said it was never about the money or any ill will toward Boss Rambler Beer Club. It was about hold- ing the city accountable, and making sure city planners can’t “go rogue” and treat applications differently. “My entire goal was to show the city a planner cannot just go do this and not follow the law,” Lomsky said. “I got what I wanted.” Leitheiser said the decision to ap- prove Boss Rambler Beer Club was based on facts known at the time, and that it’s incorrect to characterize the city’s planning staff as “going rogue.” “None of the planners have the time, nor the inclination, to take any actions to create this type of unneces- sary conflict,” he said. Boss Rambler Beer Club has ap- plied again to be approved by the city. “When it comes to the new protocols, it puts us in an awkward situation. We’re in the business of hospitality, and they (health officials) are asking us to be cops.” — Bill McCormick, Pine Tavern owner brewing facility, it’s going to be business as usual, said Michael LaLonde, company CEO. Everyone will wear a mask indoors and everyone will maintain the physical dis- tance. “It’s so frustrating,” LaLonde said. “I’m absolutely aston- ished at how the CDC and Kate Brown have handled this situation without coordina- tion so that businesses would have to understand what the rules are and how to follow them.” Carol DeRose, owner of La Rosa in NorthWest Crossing, felt the same as LaLonde. She didn’t want to put her employ- ees in the position of asking for proof of vaccination. “We have not changed our policy,” DeRose said. “I don’t want to put our employees in that position. We’re cleaner than most hospitals and most homes. It’s been a rough year.” If a complaint is filed against a business, Oregon’s OSHA investigators will determine if enforcement action is neces- sary and any action depends on the circumstances, Corvin said. At the Pine Tavern in downtown Bend, owner Bill McCormick said that employ- ees will continue to wear masks and so will customers until they’re seated. “When it comes to the new protocols, it puts us in an awkward situation,” McCor- mick said. “We’re in the busi- ness of hospitality, and they (health officials) are asking us to be cops. It’s an interesting transition period for every- one.” Thompson, 50, was fane epithet at the en- charged with unlaw- tire group, according ful use of a weapon, to court documents. unlawful possession Heller biked after of a firearm and men- the Ford F-150 the acing. men were in and at a Thompson pleaded nearby stoplight, he guilty in September to pulled alongside and Goddard one count of unlaw- asked Goddard why ful use of a weapon and was he’d said what he said, accord- ing to the prosecution Wednes- ordered to pay a $500 fine and day. This further angered forfeit his firearms. Goddard, who “abruptly and Goddard, on the other hand, intentionally” opened his door was committed to fighting the into Heller, knocking Heller to charges, Hummel said. The of- the ground and causing the bi- fice refused to negotiate below cycle to damage a nearby vehi- an assault charge until Heller cle, the prosecution said. reached out with a proposed Thompson got out of the solution: If Goddard would other side of the vehicle armed accept responsibility for dam- with a handgun before he and aging the vehicle and write an Goddard drove off. apology, Heller would support Officers with Bend Police a plea deal that did not include Department caught up with assault. Goddard and Thompson and On Wednesday, Goddard cited both men with misde- pleaded guilty to one count meanors and did not take them of criminal mischief for dam- into custody. aging the car and agreed to Goddard was later charged pay $930 to its owner, Rona with fourth-degree assault and Campbell. second-degree criminal mis- Goddard makes artisanal chief. balsamic vinegars and olive oils. In December, the court approved his request to travel out of state to sell his prod- ucts at trade shows around the country. He has one prior con- viction from when he was 18 years old. Under questioning from the judge, Goddard said he’s em- barrassed by his actions on July 11 “24 hours a day.” “My choice of words was not received the way I intended them. They were made out of frustration, not out of bias,” he said. In an interview with The Bulletin, Heller expressed skepticism with the effective- ness of the criminal justice sys- tem and said he hoped one day he and Goddard could shake hands and meet amicably. “Basically, I don’t want my words used to be used to make somebody’s life worse,” he said. Goddard was given 30 days to write the letter. Hummel said when his office receives it, he will put it online. Oregon Occupational Safety and Health spokesman. “Busi- nesses can do a yes/no deter- mination and don’t need to re- produce a record.” The rules over masks for those fully vaccinated also ap- ply to places of worship. The Oregon Health Au- thority issued new guidelines that expanded on Gov. Kate Brown’s decision to follow last week’s Centers for Dis- ease Control and Prevention announcement regarding masks. At Deschutes Brewery’s restaurants, tasting room and announced, and the number could increase to at least 22. Before this year, the busiest season was 2018 when the am- phitheater hosted 17 concerts. Since the 8,000-person venue hosted its first concerts in 2002, it has averaged about 12 concerts per year. Live Nation’s connection to musical artists will allow the amphitheater to host at least 20 concerts each year and expand the season from May until Oc- tober, Smith said. “It’s a longer season,” Smith said. “And it’s a pretty consis- tent roll out of shows.” As of now, the amphitheater doesn’t expect to cancel any shows due to the COVID-19 pandemic. All venue staff will be vaccinated and will wear masks at the shows. Whether a show is allowed will be up to state regulations at the time, e e e e Reporter: 541-633-2117, sroig@bendbulletin.com Reporter: 541-383-0325, gandrews@bendbulletin.com 2021 concerts at Les Schwab Amphitheater Aug. 12 — Rebelution Aug. 13 — Mt. Joy/Trampled by Turtles Aug. 15 — Dierks Bentley Aug. 18 — Primus Aug. 21 — Old Dominion Aug. 26 — Dirty Heads/Sublime with Rome Smith said. If a show is postponed or canceled, refunds will be avail- able. “We don’t know what the state’s guidelines are going to be for crowds,” Smith said. This season’s concert lineup is just the beginning for music fans, Smith said. Smith personally hopes to bring artists such as Eddie Vedder, the lead singer of Pearl Sept. 6 — Death Cab for Cutie Sept. 8 — Dave Matthews Band Sept. 18 — NEEDTOBREATHE Sept. 26 — Lord Huron Sept. 30 & Oct. 1 — Luke Bryan Oct. 3 — My Morning Jacket Oct. 7 — 311/Iration Jam, and iconic county music star, Dolly Parton. Those artist are well known to the general public and are just an example of what the amphitheater hopes to offer, Smith said. “Our goal would be to hit the sweet spot for the major- ity of people out there,” Smith said. e e Reporter: 541-617-7820, kspurr@bendbulletin.com The city is working to reach a Volun- tary Compliance Agreement with the beer club, Leitheiser said. The agreement is a standard tool cities use to work with businesses while they work on becoming compli- ant with certain code provisions — in this case, the parking requirements. But Lomsky argues the beer club should not be able to operate at all un- til a new land use application has been approved by the city, which he doubts can happen — because without a shared parking agreement, the beer club will not be able to meet parking requirements. “If they weren’t open already you wouldn’t let them open while they get land use,” Lomsky said. Leitheiser said there are no exam- ples he knows of where a city shut down an existing business that is in the correct zone while it works through code compliance issues un- less there was a serious safety concern on the property. “Boss Rambler’s use is permitted in their location based on the zoning, and the City is working with them just like we would with any business so they can try to meet the code’s re- quirements,” Leitheiser wrote. e e Reporter: 541-633-2160, bvisser@bendbulletin.com Wildfire Continued from A1 Even though liberals and conservatives have diverg- ing viewpoints on the exis- tence and causes of climate change, more than 85% of Oregonians of all social and economic ideologies agree that fires are likely to become more frequent and more se- vere. Two-thirds of young adults (aged 18 to 29) in Oregon said wildfires are a serious threat to their families (66%), and nearly three-quarters said they are a serious threat to their communities (73%). This is a significant increase (19 and 17 percentage points higher) compared to people 65 and older. Oregonians have more faith in private landowners compared to governments when it comes to preventing wildfire. Around half of respon- dents (49%), think that pri- vate landowners are doing “very or somewhat well” at managing forests on their lands compared to 33% who say the state is doing “well,” and 27% who say the federal government is doing “well.” Nearly two-thirds of Ore- gonians think that wildfires should be fought, even if they are far from homes and de- velopment (72%). This figure is 7 percentage points higher than in August 2019, sug- gesting that the Labor Day fires in Oregon caused an in- creased urgency to fight fires. The survey revealed that Oregonians are concerned about the unpredictable na- ture of fires, the air pollution caused by wildfire smoke, and the safety of wildlife. What do Oregonians think they can do to protect them- selves? Eight out of 10 (81- 86%) respondents said that clearing vegetation around homes and hardening them against fires are top-tier strat- egies. Two-thirds of Oregonians (72-76%) said controlled burns, thinning of weak trees, and purchasing more fire fighting equipment are top strategies to prevent wildfire. More divisive is logging. Some 38% of respondents said logging is a strategy to reduce wildfire while 37% said they are against logging to reduce wildfire. e e Reporter: 541-617-7818, mkohn@bendbulletin.com Oregon Values and Beliefs Center The Oregon Values and Beliefs Center is commit- ted to the highest level of public opinion research. To obtain that, the non- profit is building the larg- est online research panel of Oregonians in history to ensure that all voices are represented in discus- sions of public policy in a valid and statistically reli- able way. Selected panelists earn points for their partici- pation, which can be re- deemed for cash or do- nated to a charity. To learn more, visit oregonvbc.org. Leonard Leroy Zierlein of Redmond, OR Marsha L. Stout of Bend, OR Dec 28, 1933 - May 13, 2021 Arrangements: Autumn Funerals of Red- mond is honored to serve the family. 541-504-9485 Memories and condolenc- es may be expressed to the family on our website at www.autumnfunerals.net Services: A viewing will take place at the Redmond LDS Church, 450 SW Rimrock Way, on Friday, May 21, 2021 at 9:00 AM with a funeral service to follow at 10:00 AM. Interment with military honors will be at the Red- mond Memorial Cemetery at Noon. Sept 14, 1946 - May 12, 2021 Arrangements: Autumn Funerals, Bend 541-318-0842 www.au- tumnfunerals.net Services: At her request, there will be no services Contributions may be made to: Planned Parenthood or the Deschutes County Histori- cal Society Carole Joyce Watts Grover of Eugene, OR April 10, 1948 - Jan 31, 2021 Services: No services planned at this time Contributions may be made to: Donations can be made to Shriners Hospital and the Humane Society of Central Oregon September 8, 1931 - May 10, 2021 Arrangements: Autumn Funerals of Redmond is honored to serve the family. 541-504-9485 Memories and condolences may be expressed to the family on our website at www.autumnfunerals.net Services: A graveside service will be held at the Redmond Memorial Cemetery on Saturday, May 22, 2021 at 10:00 AM. Don Doolittle of Bend, OR OBITUARY DEADLINE Karen Sue Wilson of Bend, OR Jan 20, 1937 - May 12, 2021 Arrangements: Autumn Funerals, Bend 541-318-0842 www.au- tumnfunerals.net Services: Private services have been held Call to ask about our deadlines 541-385-5809 Monday - Friday, 10am - 3pm No death notices or obituaries are published Mondays. Email: obits@bendbulletin.com
