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News
Briefs: Gang Activity
| Anti-Sprawl City | Ram
Dass to Be Here
| Laws on Your Body
News: City
Pays $1.2 Million -- Lawsuit settlement also requires land purchase.
Happening
People: Randy Henderson, Thistledown Farm.
Gang
Activity
The Gang of 9 have continued their
anonymous attacks on city councilors that oppose urban sprawl.
The political cartoons run as ads in The Register-Guard
have cost the gang members in excess of $18,000. The Guard
has helped promote them in numerous news stories, including one front
page article featuring a reprint of a cartoon.
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Slant
Goofballs Calling
-- Has the cartoonist for The
Gang of 9 finally been identified? Several amateur sleuths are
convinced it's Steven DeCinzo, a highly controversial free-lance
cartoonist for the Metro Newspaper group in the Monterey Bay
area. A web search for "DeCinzo" turns up cartoons remarkably
similar in style to the Gang's toons in the R-G. But
DeCinzo denied it vehemently, saying "You are nothing less than
the sixth Eugene journalist goofball calling me and telling
me I'm someone I'm not." Is someone copying DeCinzo's style
to distract the hounds?
Several EW readers have speculated that
officers of Arlie Land and Cattle Co. of Cottage Grove are Gang
members. An attorney reportedly used by Arlie is Michael Kearney
who is also spokesman for the Gang in Eugene. Bob Block, the
web site administrator listed for www.thegangof9.com
is also the administrator listed for www.arlie.com.
Arlie's recent investments include a 10.4-acre commercial site
on Crescent Avenue (near the proposed new Sacred Heart Medical
Center), the Regal Cinema's 11.6-acre site on West 11th next
to Fred Meyer, and a 17-acre commercial site in north Florence.
Arlie VP John J. Musumeci responded to our query about membership
and said, "It's a compliment and nice company to be in, but
I don't think so." He also said a friend of his has been "accused
25 times" of being a member of the Gang.
Other Gang members suggested by our readers
include L.L. "Stub" Stewart, Brian Obie, Mayor Jim Torrey, former
R-G Publisher Ted Baker, unnamed executives at various
businesses that would benefit from sprawl, and "that same gang
of nine Republicans who engineered election fraud in Florida."
One reader suggested Liz Cawood might be the
PR consultant for the group, but her response to our call was
"I don't do interviews with the Weekly." Maybe she'll
talk to you. Her number is 484-7052.
Who are the Gang of 9? Could be just a couple
of grouchy old farts who play nine holes of golf together each
morning.
-- Meanwhile, the next phone call you answer
may be from an out-of-state pollster asking for your take on
the Sacred Heart spin game. Such calls have been coming to local
folks for at least the last ten days. First question asks your
opinion of Sacred Heart; second question, how about the proposed
move north of town? Possible answers fall in that familiar "favorable-unfavorable
and everything in between" routine. You are asked to grade all
City Council members in the rest of the poll. Be prepared to
give or withhold your name if you're a lucky respondent --
it's unusual, but the pollster does ask for names.
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Guard executive editor Jim Godbold praised
the add campaign in his weekly column. "I just want to say a heartfelt
'thanks' to all you gangsters. You've provided a visible and credible
example of the power of a local newspaper to carry a message that
engages a mixed chorus of community voices in an important conversation."
Godbold added, "I'm less troubled by the anonymity than some."
City Councilor David Kelly is more troubled. Kelly
has been portrayed in gang cartoons as an insane person in a straight
jacket. Kelly says the "personal attacks" have gone too far. "They've
gone beyond criticism to insult."
Fred Neal, campaign finance manager for the Secretary
of State, says the anonymous ads may violate Oregon laws requiring
that spending for or against political candidates be done openly through
political action committees. State law requires PACs to reveal the
identities of their donors.
Neal says the gang may count as a PAC if it targets
elected officials who have announced plans to run for re-election.
Kelly says he does plan to run for re-election.
Neal says most political ads identify who has paid
for the advertisement. "Most Oregonians are repulsed by anonymous
hit pieces. It's uncivil and really deteriorates the public dialog."
-- AP
Anti-Sprawl
City
Those arguing for smart development
in Eugene are not in the minority when compared with much larger cities.
Recently, more than 100 Chicago area business leaders have signed
a unique pledge to make access to affordable housing and mass transit
a significant factor when making a business location decision.
Recognizing the problems created when employees must
travel long distances to and from their jobs, the senior business
executives have signed the new Metropolis Principles and have pledged
to conduct their businesses accordingly.
"There is a mismatch between affordable housing and
jobs within the region," said Andrew J. McKenna, chairman of Chicago
Metropolis 2020. "This mismatch and the traffic jams and frustrations
that go with it is a regionwide issue that needs to be addressed now,
or it will damage our ability to compete with other metropolitan regions,"
he said.
The 1999 report, Chicago Metropolis 2020: Preparing
Metropolitan Chicago for the 21st Century, contained the genesis
for the Metropolis Principles.
The report was commissioned by The Commercial Club
of Chicago, which created Chicago Metropolis 2020 as a non-profit
with a base in the business community. The organization works in collaboration
with other groups to improve the six-county region.
"More and more businesses today understand that long
commutes not only impact the lives of their workers and their families
but can cause an unstable and unproductive work force, said McKenna.
For more information on the report, see www.goodjobsfirst.org
-- AS
Ram
Das to Be Here
Richard Alpert, aka Ram Dass, will
be in Eugene on Aug. 4 to discuss his latest book, Still Here:
Embracing Aging, Changing and Dying.
Dass earned his Ph.D. in psychology, taught at Stanford
and Harvard and co-authored Identification and Child Rearing
before beginning psychedelic research in 1961. That research led to
the publication of The Psychedelic Experience, (co-authored
by Leary and Metzner and based on the Tibetan Book of the Dead)
and LSD. The publication of those books in turn led to his
dismissal from Harvard in 1963.
He continued his research and in 1967 went to India
where he studied with Neem Karoli Baba, eventually earning his name,
which means "servant of God." Since 1968, he has pursued a variety
of spiritual practices.
In 1974, Dass created the Hanuman Foundation. Projects
developed include the Prison Ashram Project, which offers spiritual
growth to prison inmates and the Dying Project, a spiritual support
structure for conscious dying. He has written numerous books, including
Be Here Now, The Only Dance There Is, Grist for the
Mill, Journey of Awakening, and his newest release, Still
Here.
Still Here explores the potential for wisdom
that comes with aging. While Dass was in the middle of writing it,
having hit a block that he couldn't surpass, he suffered a severe
stroke. Wheelchair-bound, unable to read or speak and partially paralyzed,
the stroke drastically changed his life. Over the ensuing years of
recovery, he learned, according to an interview in Publisher's
Weekly, that "We think life is like one of these buildings, big
and solid, but age is like an earthquake. Everything goes."
The book explores the terrifying aspects of aging,
from loss of status and independence to strength of body and mind.
But what emerges is a "soul awareness" that transcends all of the
ego attributes.
Dass will speak at 7:30 pm on Aug. 4 at the Masonic
Center, across from Autzen Stadium. Tix are $18 adv., $20 dos. Tix
available at Star Gate and Smith Family Bookstore. -- AS
Laws
on Your Body
The Oregon Health Licensing Office
will be releasing a proposed draft of new state regulations for the
body piercing industry.
This is the first re-write of state licensing, sanitation
and safety standards since body piercing became a regulated occupation
in 1995. The new proposed regulations include suggestions offered
by public members at two other public outreach meetings in April in
Salem and June in Medford. On July 23 in Salem, another public outreach
meeting will be held to review and comment on proposed regulations
before the formal public hearing in late August before a state hearings
officer.
"We have been through an investigative and research
process which began in January, talking to a number of people concerned
about the future of this industry," says Kevin Weeks, spokesman for
the Health Licensing Office. "We are trying to meet the needs of the
medical community, concerned parents and supporters within the body
piercing industry who all want tighter safety standards for a growing
industry."
Body piercing as a regulated industry in Oregon has
experienced profound growth, with the number of licensed facilities
increasing 93 percent in the past five years.
The proposed regulations will continue to be open
for public comment before proceeding to a formal public hearing on
adoption of the new regulations in August. The proposed changes are
scheduled to take effect Dec. 1.
The meeting is Monday July 23 at 9:30 am, in the Veterans'
Affairs Bldg. Auditorium (First Floor), 700 Summer Street NE, Salem.
Back to Top
City
Pays $1.2 Million
Lawsuit
settlement also requires land purchase.
By
Alan Pittman
The city of Eugene will pay a Portland-area
developer $1.2 million to settle a lawsuit alleging the city illegally
prevented him from building on his Danebo land.
The city has also agreed to purchase 22 acres of land
from the developer, Michael Kelley, for $2.75 million as part of the
settlement.
The $3.95 million total "is I'm sure the largest check
we've ever written" to settle a lawsuit, City Manager Jim Johnson
says.
Johnson says the settlement is in the public interest
because it avoids a risk of higher costs from losing a jury trial.
The city will be able to re-sell the 22 acres to recover the $2.75
million, he says. The city is out the $1.2 million, plus the city
spent $362,000 in attorney fees and expenses litigating the case.
Johnson denies any wrongdoing or mistakes on the part
of city staff or city attorneys.
But Kelley says the city behaved illegally, dishonestly
and unethically in blocking his development. "They just don't get
it and they still don't get it."
Kelley, manager for the Mid Valley Properties and
Danebo Properties development companies, bought property at Danebo
Road and Royal Avenue in November 1996. Kelley alleged the city illegally
required that he grant the city a street right of way and an easement
for a drainage ditch before the city would approve a building permit.
In 1998, Kelley sued. He alleged violations of due
process, equal protection and civil rights, and said the city had
violated a constitutional provision against taking property without
just compensation. Kelley cited the Supreme Court's 1994 Dolan v.
City of Tigard case in his argument that the city was illegally taking
his property.
The city asked federal court Judge Alfred T. Goodwin
to throw the lawsuit out. In March, Goodwin denied the city's motion
for summary judgement on nine out of 10 claims, ruling there was sufficient
evidence that the facts in the case were enough in dispute to merit
a jury trial.
The city had argued that the Dolan precedent didn't
apply because it hadn't taken any property from Kelley, just denied
his building permit. The judge sided with Kelley, noting that denying
the permit was "in essence, no different than what happened in Dolan."
Goodwin also refused to throw out Kelley's claims
of due process and civil rights violations. Those claims centered
around several e-mails Kelley obtained from the city and the Lane
Council of Governments during a lengthy discovery process involving
more than 4,700 city documents.
Kelley points to one series of e-mails he says indicates
that city planning staff had illegal and unethical secret contacts
with a supposedly independent hearings official, influencing the official
to rule against Kelley's development. "May want to keep this information
quiet," one city e-mail regarding a conversation with the official
states. Another e-mail states that the hearings official "definitely
changed his mind since our 'conversation.'"
In an interview, Kelley says the city illegally "coerced"
the hearings official against him behind closed doors. "If I contacted
the hearings official like they did, I would be a criminal, I would
be a crook, I would be the worst scumbag that walked the Earth."
Johnson denies any illegal contact occurred. "Hearings
officials have contacts with staff all the time," he says. "It was
not inappropriate."
Kelley says he had to "fight tooth and nail" to get
the incriminating e-mails from the city during pre-trial discovery.
At one point, fearing the city was withholding documents, Kelley convinced
Judge Michael Hogan to order the city to hand over several computer
hard drives. The hard drives were inspected by a California expert,
but the city had "wiped" them clean of relevant files during the dispute,
Kelley alleges.
Kelley says the city's settlement has revealed "a
big chink in their armor" and predicts more developers will now sue.
"You're just going to see a whole slough of these coming down the
pike."
Kelley's Portland lawyer, Joe Willis, worked on the
original Dolan constitutional case and is now representing John Hammer
and other developers in a pending class action lawsuit against the
city over the same takings issue.
Johnson declined to comment on the Hammer case. But
Johnson says, "we're not backing away from asking developers for easements."
Johnson says the city has already begun protecting
itself from future lawsuits by preparing Dolan findings that justify
such easements as proportionate to the impact of the development.
Ironically, the cost of preparing those Dolan findings
may be borne largely by the developers themselves as the city moves
ahead with plans to increase permit application fees to reduce developer
subsidies from taxpayers.
Like many cities, Eugene has longstanding policies
of building a more workable transportation system by requiring developers
to include connecting streets in their projects instead of cul-de-sacs.
Eugene and other cities also seek to protect the filling of open drainage
channels to protect water quality and endangered species.
"I don't think [the settlement] represents any sort
of abuse of power by the planning staff as the developer seems to
imply," City Councilor David Kelly says. Kelly notes that lawyers
and judges nationwide have been trying to figure out exactly what
the precedent of the Dolan case means. The settlement "is not so much
a mistake as we're dealing in an unsettled area of law."
Back to Top
Randy Henderson
Though city folk may think of the entire
broad Willamette Valley as prime farm land, the most productive soils
lie along a narrow strip of bottom land close to the river. "The Oregon
Trail pioneers came here to farm this land," says Randy Henderson,
who raises fruit, berries, and "any vegetable you can grow" on his
Thistledown Farm north of Eugene. A Springfield native, Henderson
taught biology at Willamette High School for seven years before he
got into farming full-time. Though he could make a bundle by selling
out to speculators, Henderson has taken a stand against development
on agricultural land -- he leads the campaign in opposition to
Eugene Sand and Gravel's proposed gravel mine just north of his farm.
"Wake up, people!" says county extension agent Ross Penhellagon. "This
is about the food you eat. If we can't grow it here, we'll be eating
food from Central America, where chemicals aren't regulated." Drive
out River Road to sample the produce stands at Thistledown, Lone Pine,
and other local farms. Public hearings on the gravel pit proposal
are scheduled for Aug. 7-8-9 at Sheldon High School.
-- Paul Neevel
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