Health Options Digest
October 30, 2005
Coalition for Health Options In Central Eugene-Springfield (CHOICES)
In This Issue
From the Editor
Hospital Wars
It isn't the role of CHOICES to advocate on behalf on McKenzie-Willamette any more than for PeaceHealth. We advocate for the public interest, in particular, for two centrally located, financially stable hospitals.
But some readers who haven't been following the Certificate of Need (CoN) issue closely might not understand the significance of Roy Orr's recent commentary piece. Here we will help you see the forest for the trees.
According to experts, the central Lane County area can support roughly 600 hospital beds. Currently, PeaceHealth has a CoN authorizing it to provide 432 beds and McKenzie-Willamette has a CoN to provide 114 beds. That leaves 54 or so additional beds that the area can support.
The current efforts by both PeaceHealth and McKenzie-Willamette are fundamentally a fight for those 54 beds, and for control of a larger share of the hospital market.
According to the bizarre state rules for a CoN, PeaceHealth doesn't need a new CoN to open RiverBend. It plans to transfer its current CoN from Hilyard to RiverBend and most or all of its 432 beds. But PeaceHealth has applied for a second CoN to allow it to operate its current Hilyard site as a second hospital with a few beds, maybe even 50 or so beds.
McKenzie-Willamette fears, with good reason, that PeaceHealth is trying to snap up the rights to all the remaining beds, leaving McKenzie-Willamette with nothing.
Well, not quite nothing but close to nothing. Because McKenzie-Willamette already has a CoN for its current 114 beds, it can continue to operate at its current location in Springfield without needed to get a new CoN. But according to the bizarre CoN rules, McKenzie-Willamette couldn't move to Eugene or Glenwood with its existing CoN but only within Springfield's two zip codes. Of course, McKenzie-Willamette isn't wanting to stay in Springfield so it needs a new CoN for its new hospital -- even if PeaceHealth doesn't need a new CoN for its new hospital at RiverBend. If PeaceHealth snaps up the additional 50 or so beds, McKenzie-Willamette will be able to get a new CoN to provide only the 114 beds it already has but at a new location. Financed by Triad Hospitals, Inc. McKenzie-Willamette is now looking to develop a $225-million hospital with closer to 150 beds. It believes the additional beds are necessarily to make the new hospital financially viable. Thus McKenzie-Willamette sees getting most or all of those additional 50 or so beds as critical to its continued survival.
To make matters worse, if PeaceHealth succeeds in getting a CoN for 50 or so beds at its Hilyard site, then it might be hard for McKenzie-Willamette to get approval for even their existing 114 beds at a location in or near downtown Eugene.
If this worst case scenario were to play out, then McKenzie-Willamette would essentially be locked in to remain at its current location, where it sees itself gradually going out of business as close-by RiverBend drains away emergency room visits that drive the economics of the hospital. In the hospital chess game, PeaceHealth would have checkmated McKenzie-Willamette.
For its part, PeaceHealth is perhaps merely trying to look out for its own interests to make sure it can provide essential health care, which it sees is in the public interest. Fearful that Eugene would be left with no hospital and especially with no emergency room, many local leaders have called on PeaceHealth to maintain a significant presence at Hilyard. Thus one can view PeaceHealth's moves as merely responding to the community's desires. (PeaceHealth also claims that its settlement agreements with the Jaquas and CHOICES require it to have beds at Hilyard, but that is not so. At least it isn't true that the agreements require it to have 50 additional beds at Hilyard. The agreements say nothing explicitly about how PeaceHealth decides to divide the 432 beds it already has between the two locations.)
The trouble is that in the game of hospital wars, as in chess, you need to look several moves ahead to see where the game is headed. What is needed now is for someone to stand over the whole chess board and figure out which hospital with which services should end up where. Unfortunately, the bizarre CoN rules don't allow the public or the state the opportunity to consider the whole game before deciding on the move of one player.
The bizarre CoN rules make no sense for central Lane County and should be changed. If the Oregon Department of Human Services (DHS) is unwilling to change its own rules, members of Lane County's legislative delegation should work together to introduce legislation to require the Department of Human Services to do so.
Short of that, the public should participate vigorously in the upcoming public hearing for PeaceHealth's certificate of need and argue that DHS should ensure that each health care organization can site its first hospital before either has an opportunity to site a second.
Otherwise, central Lane County could quickly become a one-hospital community (perhaps with two locations) leaving us with fewer choices. And choices is what CHOICES is for.
Week In Review
Despite the smell of scandal emanating from Washington, D.C., some are still working to solve the country's problems. As Dr. Frank Turner highlighted in a recent commentary, the Citizens' Health Care Working Group recently released "The Health Report To The American People." This 46-page report that every American concerned about health care should read includes sections on: 1) A Snapshot of Health Care Issues in America, 2) Health Isn't Guaranteed-We Are All at Risk, 3) Sharply Rising Costs, 4) Quality Shortcomings, 5) Access Problems: Not Getting the Health Care You Need, 6) What is Being Done? and 7) What Can You Do? For more information, visit http://www.citizenshealthcare.gov/
The Eugene City Council voted narrowly to not pursue additional funding for the West Eugene Parkway but rather pursue a different approach to solving transportation problems in west Eugene that a larger segment of the community can support, that will solve traffic problems sooner, and will cost less. Of course, the move may reopen a debate that has been going on for over two decades.
News of the recent circuit court ruling that Measure 37 is unconstitutional has traveled as far away as The Economist in the United Kingdom. Lately, Europeans have struggled to understand the strange views and actions of their cousins in the New World.
Here in Oregon, attorneys and courts are trying to determine if the court ruling actually puts Measure 37 on hold and if so if throughout Oregon or only in the counties who were party to the appeal.
For now, Lane County is continuing to process Measure 37 claims, as are other counties around the state.
Voters upset by the court ruling have started a petition drive to recall the judge in the case. We suggest a refresher course in civics and the importance of an independent judiciary for a strong democracy.
David Oates, Adell Amos, James Huffman, Rick Bella, Russell Sadler, Jack Roberts and Andy Parker all try to make sense out of the court ruling on Measure 37.
Over four years ago not long after the passage of Measure 7, developer Donovan D. Rypkema spoke to the Georgetown Environmental Law & Public Policy Institute about property rights. Oregonians would be better off now if we had taken his lessons to heart back then.
Michael Leachman questions unquestioning faith in the "free market." He is partly concerned about the loss of living wage jobs, a problem here in Lane County and one related to the availability of affordable housing, hence to calls for expanding the urban growth boundary, and concerns that PeaceHealth is using up limited developable land with its RiverBend development. All the issues we are concerned about at the local, national and global levels are related.
Lastly, as we indicated in a special mailing, Dave Barry is alive and... well, we aren't sure how well, as he just lived through Hurricane Wilma.
Rob Zako, Editor
343-5201
rzako@efn.org
Opportunities
LTD has three openings for board members
| The Register-Guard | October 26, 2005 |
People interested in being appointed to the Lane Transit District board of directors are advised to submit applications by Dec. 1 for the three positions that expire at the end of the year.
The positions generally cover north Eugene; central and west Eugene; and west Eugene including Highway 99, River Road and Junction City.
Forms can be submitted online by going to http://governor.oregon.gov/Gov/ boards.shtml and look for "Interest Form" under "How to Apply."
Candidates are advised to speak with a current board member.
For more information, call 682-6100.
LTD Board Seats Open
By Kera Abraham
Eugene Weekly | September 22, 2005 |
Lane Transit District has had a hectic year. A worker strike in early 2005 punctuated accusations of mismanagement by General Manager Ken Hamm, and riders have complained about sweeping service cuts and fee increases. Reactions to the planned Bus Rapid Transit System, which will use hybrid-electric buses for quicker routes between Eugene and Springfield, have been mixed.
Whether you give LTD a thumbs-up or a thumbs-down, you can direct it toward the agency's board of directors, which must approve all major decisions. Three of the seven board members' terms expire at the end of the year, creating an opportunity for change.
Unlike other local agencies funded by public dollars, the LTD board is appointed by the governor rather than elected, in accordance with the state statute. Last legislative session, State Sen. Bill Morrisette of Springfield introduced a bill requiring local election of the LTD board, but the bill died in committee.
LTD board members Susan Ban, Gerry Gaydos and Dave Kleger's terms will expire at the beginning of 2006. LTD spokesman Andy Vobora says that the agency will set a Dec. 1 deadline for potential board members' applications. The governor will then recommend three candidates, and the Senate will confirm or reject the appointments at a January meeting.
LTD doesn't plan to run paid advertisements about the open positions in local newspapers. Vobora says that the governor's office directs the agency not to spend money on recruitment, but governor spokeswoman Holly Armstrong says that LTD is free to advertise as it wishes.
The lack of advertising frustrates LTD rider Dorothy Ehli. "It's a good-old-boy network going on here," she says.
Sen. Morrisette echoes her concerns. "I have always felt that the LTD management makes the recommendations to the governor and that's how appointments are made. It's a closed circle," he says. "There should be some public posting of these positions. We want people over a wide range of socio-economic groups to apply, not just the people who the board thinks would fit. To me, that defeats the whole idea of representation."
Applicants must live within specific geographic areas: north Eugene (east of River Road) and Coburg for Position 4; Central and West Eugene, including the UO area, downtown, and the Whiteaker, Jefferson, and West Side neighborhoods for Position 5; and West Eugene/Highway 99, River Road, and Junction City areas for Position 6. Candidates can download applications from http://www.governor.state.or.us/Gov/pdf/forms/Interestformdown.pdf
PeaceHealth
Hospitals head into a court fight: McKenzie-Willamette says state is handing market to PeaceHealth
By Stacy D. Stumbo
The Springfield News | October 28, 2005 |
Officials from Springfield's McKenzie-Willamette Medical Center believe rival PeaceHealth has been given an unfair advantage by state hospital regulators while it endeavors to relocate to Eugene.
McKenzie-Willamette and its majority owner, Texas-based Triad Hospitals Inc., have filed a petition in Lane County Circuit Court asking it to order the Oregon Department of Human Services to begin processing its application to build a $225 million hospital in Eugene and simultaneously review PeaceHealth's proposal to turn the Sacred Heart Medical Center campus on Hilyard Street into a 104-bed specialty hospital with an emergency department.
State rules governing the locations of new hospitals limit the number of hospital beds in a given area in order to prevent unnecessary duplication of health care services that might increase medical costs for consumers.
MWMC's petition asserts that because of the limit on beds, if both proposals are not considered at the same time it could lose its chance to relocate and expand, rendering it powerless to compete in the local health-care market.
McKenzie-Willamette "must significantly increase its bed capacity and expand its services in order to be competitively viable in the Lane County market," according to court documents. (more...)
Roy Orr -- PeaceHealth deeds don't reveal a cooperative spirit
By Roy Orr
The Register-Guard | October 30, 2005 |
The Eugene-Springfield area has an opportunity to have two strong, state-of-the-art medical centers, updated to serve our needs for decades to come.
In an Oct. 19 guest viewpoint, PeaceHealth CEO Mel Pyne said he wants to "help heal the relationship between PeaceHealth and McKenzie-Willamette and to work cooperatively with all providers to develop the best medical care we can for ourselves, our friends and families." He said he is "very supportive of the community having the choice of two health care institutions."
Here's how PeaceHealth can match deeds to words: (more...)
Health Care
Letter -- Medicine Absolutely Must Change Course
By David W. Tanton, Ph.D., Jasper
The Springfield News | October 26, 2005 |
We are currently on a collision course in medicine, and my objective is to bring about a renaissance in medicine. We have continued to turn a blind eye, and ignore the obvious corruption of medicine in the nation, far too long. With profit as the primary objective, promoted and manipulated by the most profitable industry in the world (the pharmaceutical giants), medicine has basically become dysfunctional. The most effective therapies are often ignored, if the profit potential is inadequate, or it could potentially replace a current therapy proven more profitable (although less effective).
The basic problem with medications today begins and ends with the many prescription drugs currently on the market that are aggressively promoted and widely prescribed, although they are seldom if ever effective (or even necessary). I am not aware of any health condition that can't be resolved much more safely and effectively without drugs.
Unfortunately, most medical doctors (normally covered by your medical insurance) were never trained in nutrition or disease prevention. For that very reason, the incidence of major diseases continues to escalate, and is now much more prevalent even in the youth today. And although many doctors are totally unaware of the fact, they are only puppets, being controlled by the pharmaceutical industry that pulls the strings.
It all starts with the industry's influence on their curriculum while in medical school, which then continues throughout their medical careers by their pharmaceutical representatives. This has resulted in the serious medical crisis we are currently facing, which just continues to escalate. Although this translates into huge profits for the pharmaceutical industry, it's behind the increased healthcare costs for everyone else.
We are beginning to experience a greater increase in the rates of cancer, diabetes and cardiovascular disease than any time in history. Diseases that were in the past, seen only with the older population, have become quite common with children today, and the problem is precipitating at an alarming rate. Although people are living longer, their quality of life has not improved. There is an increasing number of the elderly who are unhealthy, and no longer able to care for themselves. Most nursing homes and foster care facilities are filled to capacity, and more are continuing to be constructed to keep up with the demand. We can easily see the problem we will be facing in a few years when the large group of the population often referred to as the Baby Boomers reach that stage in life.
Unless we address these serious issues, and make the necessary changes in our current healthcare system, we could easily have both a health-care -- and financial -- disaster in a few years, which could be overwhelming.
Doctors versus lawyers: a duel in Washington
Voters should reject two warring initiatives that purport to resolve crisis of medical errors and malpractice suits
| The Oregonian | October 30, 2005 |
Washington state's doctors ought to know better than to attempt delicate surgery with the dull blade of a ballot initiative. And surely the state's trial lawyers recognize a blunt instrument when they hold one in their hands.
Yet doctors and lawyers in neighboring Washington are now swinging wildly in an expensive and increasingly ugly duel about medical malpractice and tort reform. Each has an initiative on Washington's Nov. 8 ballot. (more...)
Nearby Developments
Sprawl Brings Big Profits
By Alan Pittman
Eugene Weekly | October 27, 2005 |
Developers flocked to the Eugene City Council last month calling for an expansion of the urban growth boundary. They blamed rising housing prices on regulations controlling urban sprawl. Homebuilders across the state are using the affordable housing argument to attack regulations controlling urban sprawl.
But rising home prices may be more about developer profit taking in a hot housing market than land use regulations.
Fueled by low interest rates and speculative frenzy, median home prices shot up 25 percent last year in Lane County. That increase of $40,000 a home translates into high profits for homebuilders, whose building costs in labor, land and materials increased comparatively little over the same period.
Many local development companies are privately held, but the economics of homebuilding can be clearly seen in the record profits of large publicly traded homebuilding companies. Toll Brothers, for example, says in its required SEC filings that it concentrates on luxury homes for the wealthy, a market "sweet spot" that maximizes profits.
With the housing price boom, Toll's profits have about doubled in the last two years to $409 million with continuing such jumps projected. In the last four years, the corporation's stock price has increased six-fold.
With rising prices Toll made nearly twice as much profit per home in 2004 than it did in 2000. No where in the corporation's exuberant annual report to investors does the word "affordable" appear.
Initiative plan charges developers for classrooms
By Charles Beggs
The Associated Press | October 24, 2005 |
SALEM -- Local governments can charge housing developers for costs of expanding sewer and water systems and even for new parks -- but not for building more classrooms when growth crowds local schools.
An education advocacy group plans to put an initiative on the statewide ballot next year that would change that.
The idea is that developers of the subdivisions springing up in the state's fast-growing areas should help school systems pay for needed expansion.
Initial polling indicates strong support for such a measure, said Jonah Edelman, executive director of Portland-based Stand for Children. (more...)
Going, Going ...
Is the city turning back on its pledge to protect the south hills forests?
By Kera Abraham
Eugene Weekly | October 27, 2005 |
The city website brags about it. The UO peddles it to prospective students. Hikers, bikers and runners cherish it. Eugene's wooded ridgeline defines the city, and local land use laws aim to preserve it.
But the land-use nonprofit Friends of Eugene and several neighborhood groups worry that today, the city is faltering on its commitment to protect Eugene's forested slopes. They cite four potential developments, each at different stages in the planning pipeline, that could forever change the ridgeline. (more...)
State funding secured for Royal Building
| The Springfield News | October 26, 2005 |
The St. Vincent de Paul Society of Lane County, Inc. has announced that it has received funding from the State of Oregon for its Royal Building project in downtown Springfield.
The Royal Building will be a five-story structure located on the southeast corner of 5th and Main streets. The ground level will provide new commercial space and a total of 33 apartments will be located on the upper four floors. The building will include energy efficient features to lower costs to tenants and reduce environmental impacts. (more...)
Downtown apartments on way: Officials hope Royal Building's affordable housing will spur economic development at city's center
By Ben Raymond Lode
The Springfield News | October 28, 2005 |
It took a while, but the State of Oregon finally came through with a $5.5 million funding package that will allow St. Vincent De Paul of Lane County to build a five-story mid-rise building in downtown Springfield. (more...)
State funds put affordable housing project over the top
By Jack Moran
The Register-Guard | October 29, 2005 |
SPRINGFIELD -- With its final funding hurdle cleared, the St. Vincent de Paul Society of Lane County now has everything it needs to break ground on a new five-story building that will house 33 affordable apartments and new commercial space. (more...)
Wal-Mart Supercenter, Eugene's largest retailer, to open Wednesday
By Joe Mosley
The Register-Guard | October 27, 2005 |
Eugene is about to enter the "super" era.
The Wal-Mart store at 4550 W. 11th Ave. will become a Wal-Mart Supercenter next Wednesday, with the opening of a 76,000-square-foot expansion that will bring full grocery services to the location.
At a total of 225,000 square feet, the store will be Lane County's first Supercenter and largest retail outlet of any kind. (more...)
Editorial -- Apartment sale another I.O.U. to housing?
By Emerald editorial board
Oregon Daily Emerald | October 24, 2005 |
University officials last week surprisingly announced that they want to sell Westemoreland Apartments, the University's largest apartment complex. The 404-unit compound provides relatively affordable housing for students with families, graduate students and international students -- students who may have to move if the sale is finalized. The 26-acre property also includes a childcare center. (more...)
Westmoreland tenants oppose sale
At Wednesday night's meeting, University officials defended their decision and heard complaints from tenants who may be displaced
By Meghann M. Cuniff, News Editor
Oregon Daily Emerald | October 27, 2005 |
The sale of the Westmoreland Apartments is an ill-conceived idea that will cause hundreds of people to scramble for housing they may not be able to afford, current tenants told University officials at a meeting Wednesday evening. (more...)
Westmoreland Tenants Council -- Keep Westmoreland housing; lots of students depend on it
By The Westmoreland Tenants Council
Oregon Daily Emerald | October 27, 2005 |
On Oct. 20, Westmoreland residents received a letter from Mr. Mike Eyster, Interim Vice President for Student Affairs & Director of University Housing, stating that "the University of Oregon intends to request action by the Oregon University System State Board of Higher Education to sell Westmoreland Apartments." The next day, University Housing officials were quoted by the Oregon Daily Emerald as saying that there are two reasons for the sale: One is high maintenance costs, another is the high potential cost of repairing the major structural problems on the site.
Westmoreland tenants are shocked by this news. (more...)
UO apartment residents say they'll fight sale of complex
By Scott Maben and Greg Bolt
The Register-Guard | October 28, 2005 |
Residents of the University of Oregon's Westmoreland Village family housing complex say they will fight to save the low-rent apartments from being sold, presumably for redevelopment. (more...)
Editorial -- More than real estate
| The Register-Guard | October 30, 2005 |
The University of Oregon has sound reasons for planning to divest itself of the Westmoreland Village in west Eugene. But the UO should recognize that the student housing complex is more than just an asset in its portfolio, to be sold like an underperforming stock.
Westmoreland's low-rent apartments, and the communities that tenants have formed, help make it possible for many students to obtain a higher education. Those means of access should not be discarded without careful thought to their replacement. (more...)
Public Facilities and Services
Jay Bozievich -- Governments can keep up with cost of labor
By Jay Bozievich
The Register-Guard | October 25, 2005 |
As Lane County contemplates how to increase revenue to support public safety, it is time to discuss how to achieve fiscal sustainability for our public agencies here in Oregon. Missing from these discussions is the root cause of the current instability -- the overheated growth in the cost of labor to fulfill the missions of these agencies. (more...)
Board loosens public safety reins
By Diane Dietz
The Register-Guard | October 27, 2005 |
Recognizing that acrimony could send a proposed public safety measure to defeat at the hands of voters, the Lane County Board of Commissioners voted unanimously to step back and examine all of their options.
The decision came deep into a meeting Wednesday at which Commissioners Bill Dwyer and Peter Sorenson were planting their heels in opposition to a proposed retail sales tax -- and accusing the rest of the board of paying lip service to other funding options. (more...)
Questions abound on public safety tax
By Matt Cooper
The Register-Guard | October 29, 2005 |
The Lane County commissioners say the need for more public safety services is clear. But raising new taxes to pay for them prompts questions that so far have mired the elected officials in disputes.
What kind of tax should be sought? Who would bear the brunt of it? Should the commissioners enact a tax, or let the voters decide? And if so, when? Has the public been convinced of the need? And can the five commissioners agree on what to do?
The board is looking for answers next week. After hearing from the public in two sessions on Tuesday, they'll meet Wednesday for what Chairwoman Anna Morrison hopes will bring a definitive result. She said she wants to find a plan that all five commissioners can support, or else drop the public safety matter entirely. (more...)
Several sales tax levels under consideration
By Matt Cooper
The Register-Guard | October 29, 2005 |
If Lane County adopts a sales tax to pay for more public safety services, it would be the only county-level sales tax in Oregon. Voters statewide have rejected a sales tax nine times. (more...)
Gross receipts tax may mimic Washington's
By Matt Cooper
The Register-Guard | October 29, 2005 |
The gross receipts tax that Lane County commissioners are studying for public safety is loosely based on one in Washington state. (more...)
County corporate income tax may lack support
By Matt Cooper
The Register-Guard | October 29, 2005 |
Lane County Commissioner Pete Sorenson favors a county corporate income tax to help fund public safety. (more...)
Transportation
City council tentatively agrees to Beltline plan: Project would be completed in time for hospital's opening
By Stacy D. Stumbo
The Springfield News | October 26, 2005 |
The road to realizing improved access and safer driving conditions from Interstate 5 to Beltline Road just got shorter.
Springfield City Council approved a letter from City Attorney Meg Keiran to the Oregon Department of Transportation Monday night that supports an Interchange Area Management Plan, paving the way for the multimillion dollar project. (more...)
Council removes parkway support
By Edward Russo
The Register-Guard | October 27, 2005 |
With Eugene Mayor Kitty Piercy playing a key role, a narrowly divided City Council on Wednesday dealt what could lead to a fatal blow to the West Eugene Parkway, the city's long-planned and controversial expressway.
Through a vote decided by Piercy, councilors canceled the city's support for including the parkway on the list of the metro area's road improvement priorities.
The action is the first of several steps that would be required by various government groups to kill the proposed 5.8-mile roadway. However, without the city's support, experts said, the project could be in trouble. (more...)
Editorial -- State can't walk away
| The Register-Guard | October 28, 2005 |
The West Eugene Parkway is a state project, so the effects of the Eugene City Council's vote on Wednesday to withdraw support are unclear. Eugene can't unilaterally strip the parkway from the regional transportation plan's list of priorities, and concurrence by other local governments in Wednesday's decision seems unlikely.
Yet the vote spells trouble for the parkway -- and the council is not alone in creating it. (more...)
Gary Wildish -- Parkway opponents take a really wrong turn
By Gary Wildish
The Register-Guard | October 28, 2005 |
For almost a quarter of a century, our community has been planning to relieve traffic congestion in west Eugene by constructing a four-lane, 5.8-mile road that connects Highway 126 and Highway 99. Called the West Eugene Parkway, this well-planned, long-awaited roadway would improve east-west traffic flow and give communities such as Veneta, Elmira and even Florence better access to Eugene.
Yet this project has routinely been held up by a minority who are wasting the public's time and money while traffic congestion, pollution and accidents in west Eugene increase. And Wednesday, the Eugene City Council voted to withdraw support for the parkway, with Mayor Kitty Piercy casting the tie-breaking vote. (more...)
Parkway debate takes place at a fast and furious pace
By Edward Russo
The Register-Guard | October 30, 2005 |
Poor Leon Skiles.
Eugene's mayor and City Council last Wednesday were antsy, waiting for the Oregon Department of Transportation's consultant from Portland to finish talking about the status of the West Eugene Parkway. (more...)
Program provides free bus service
| The Springfield News | October 28, 2005 |
An innovative private/public partnership may help introduce Springfield students to the convenience, independence and cost savings of commuting by bus. The program is intended to reduce fuel consumption, decrease school-related traffic, and create a bus-riding habit that lasts a lifetime.
A School Transit Pass pilot partnership provided nearly 5,000 high school students in the Eugene-Springfield area with another transportation option -- riding the LTD bus for free. The results were so successful that STP partners agreed to extend the program to 22,000 eligible students in all private and public school students. (more...)
Letter -- Listen To Riders
By Kerstin Britz, Cottage Grove
Eugene Weekly | October 27, 2005 |
When I called LTD two months ago to report how many bikes were getting turned away on the rural routes to Cottage Grove and Creswell, I was told that the buses were primarily for pedestrian passengers. Riding the bus with 22-plus people standing because the longer buses were not available for the most vulnerable route, I am beginning to wonder exactly what LTD and the buses really are for.
Are they for the transit dreams and plans of the people who work in Glenwood? Do they see their job as what "mass transit should look like," as opposed to the daily conditions working people and families depend on? Is the latter not exciting enough for them? Do they not see the great responsibility they have?
LTD even failed to apprise their own drivers about the construction of the rapid transit, to the tune of many working people in Cottage Grove missing the bus entirely or getting home an hour late. This is already after a long work day with a long commute tacked on.
Instead of punishing people who commute from the country and clear the streets of hundreds of more cars, LTD should take greater care for their most vulnerable route. Maybe the people making decisions about the buses need a large reality dose. Maybe they can actually start listening to the riders who call them every week, if not every day, about the urgent need for more service to this route.
Soaring oil profits ignite well of anger
By Jad Mouawad and Simon Romero
Bloomberg News Service | October 28, 2005 |
A sudden interruption in oil supplies sent prices and profits skyrocketing, prompting Exxon's chief executive to call a news conference right after his company announced that it had chalked up record earnings. (more...)
Measure 37: News
Who owns the beauty of Oregon?
| The Economist | October 20, 2005 |
In 1988, David Adams bought two acres of wooded land in hilly country south of Portland. One of the appeals of the property was Oregon's strict land-use laws, which would protect the area's rural character. But last November Oregonians overwhelmingly approved a ballot initiative toppling those rules. In particular, Measure 37 gave many landowners barred from turning rural land into houses the right to say to the local authorities: let me develop my property, or pay me for the lost value.
Measure 37 was one of the biggest triumphs yet for the western property-rights movement. Ever since it set rules limiting sprawl in 1973, Oregon has been a leader in land-use planning. Its guidelines have encouraged more compact cities and protected farmland and forests, but their inflexibility has stirred resentment. Measure 37 gave people who owned land before 1973 the right to ask officials to waive the rules or pay up; since the measure passed, 2,500 people have done just that.
Now the story has taken another twist. On October 14th, a circuit-court judge in Marion County ruled that Measure 37 violated the state constitution because it created two classes of citizens: people who owned land before the regulations went into effect, and those like Mr Adams who purchased it afterwards. Now the greens are overjoyed, and conservatives furious. (more...)
Oregon's Measure 37 Invalid, Judge Rules
By Margaret Foster
Preservation Magazine | October 25, 2005 |
The owner of Marr Ranch, near Chief Joseph's burial site, has filed a Measure 37 claim in order to build an RV camp there. (Ellen Morris Bishop)
An Oregon judge shocked the state-and the country-this month when she overturned the controversial Measure 37, a property-rights law voters passed last November. (more...)
State lawyers challenge ruling to put Measure 37 on hold
By Laura Oppenheimer
The Oregonian | October 25, 2005 |
The judge who overturned Oregon's property rights law said Monday that Measure 37 cannot stay in effect while her decision is appealed.
That means claims for compensation or development rights should be frozen, according to Marion County Circuit Judge Mary Mertens James. (more...)
University law professors detail the effects of Measure 37
Tonight's Knight Law Center presentation aims to help the community understand the land-use law
By Christopher Hagan, News Reporter
Oregon Daily Emerald | October 25, 2005 |
University law professors will try to explain what's next for Measure 37 at a discussion tonight at the Knight Law Center. (more...)
Law professors discuss Measure 37's future
By Christopher Hagan, News Reporter
Oregon Daily Emerald | October 26, 2005 |
Measure 37 is an issue with more questions than answers right now, and that provided fertile ground for a panel discussion at the Knight Law Center last night.
The discussion, "First Thoughts on MacPherson -- What's the Fate of Measure 37?" was arranged in the wake of the ruling in MacPherson v. Department of Administrative Services that found Measure 37 unconstitutional.
The panel consisted of four University law professors, who looked at what the ruling means for land-use planning in Oregon. (more...)
County still accepts claims
By Joe Harwood
The Register-Guard | October 25, 2005 |
Some Oregon cities and counties stopped processing Measure 37 claims after an Oct. 14 ruling that struck down the fledgling property rights law, but Lane County will continue to accept and act on claims it deems valid. (more...)
Hearings to go forward on two Measure 37 cases
By David Bates
The (McMinnville) News-Register | October 25, 2005 |
Yamhill County commissioners are planning to follow through on a pair of public hearings scheduled Wednesday on Measure 37 claims.
However, County Counsel John Gray is advising they hold off on any decisions, or even deliberations toward decisions, in light of a court ruling declaring the property rights measure unconstitutional. (more...)
Measure 37 ruling "not final word"
By Erin Zysett
The (Polk County) Itemizer-Observer | October 19, 2005 |
POLK COUNTY -- When Marion County Circuit Court Judge Mary Mertens James overturned Oregon's Measure 37 on Oct. 14, it was a staggering first blow to the controversial land use/reimbursement law passed a year ago.
Local and state officials agree, it is not the final word on Measure 37. In fact, it only affects Marion County directly, and possibly Clackamas and Washington Counties as well. (more...)
Future of Dimple Hill debated
Owner pledges crown of scenic landmark will remain clear of houses
By Bennett Hall, Gazette-Times business editor
The (Corvallis) Gazette-Times | October 26, 2005 |
Benton County's latest Measure 37 claim could open the way for a major housing development on the scenic slopes of Dimple Hill, but the property owner is pledging to preserve the local landmark. (more...)
Marion County Court decision muddying Measure 37 issues
By Bill Choy
The (Lincoln City) News Guard | October 25, 2005 |
A Marion County Circuit Court decision on Oct. 14 that ruled Measure 37 violates the Oregon Constitution has caused many local counties and cities, including Lincoln County, to decide to hold off on Measure 37 rulings for the time-being.
Last Wednesday, the Lincoln County Board of Commissioners, on the recommendation of County Counsel Wayne Belmont and County Planning Director Matt Spangler, decided to put off decisions on five Measure 37 claims filed in the county to see what develops with the Marion County case. (more...)
County hears six more Measure 37 claims
By Joel Gallob of the News-Times
The (Newport) News-Times | October 28, 2005 |
Lincoln County Counsel Wayne Belmont and County Planning and Development Department Director Matt Spangler, sitting this past Tuesday as the reviewing body for Measure 37 claims, heard presentations by claimants in six more local cases.
The review process is going forward, Belmont explained later -- despite a decision by a Marion County Circuit Court judge that Measure 37 was unconstitutional -- because the legal status of the measure is still unsettled and hinges on a ruling by the Oregon State Supreme Court. (more...)
Voters upset by court's decision on Measure 37
By James Sinks
WesCom News Service | October 26, 2005 |
SALEM -- When attorney Ross Day campaigned a year ago in support of Measure 37, the landmark property rights law that eroded the reach of Oregon's land-use laws, the question came up more than once: Won't the courts just overturn it?
To each of those queries, Day -- the lawyer and lobbyist for Oregonians in Action, the Tigard-based association that drafted the measure -- could offer no ironclad assurances. (more...)
Effort mounted to recall judge
Measure 37 -- The Constitution Party, angry with Mary Mertens James' ruling, will collect signatures
By Laura Oppenheimer
The Oregonian | October 27, 2005 |
Overthrowing Oregon's voter-approved property-rights law could cost a circuit court judge her job.
The state Constitution Party has filed a petition to recall Mary Mertens James, getting a head start on others angry to see Measure 37 tumble. (more...)
Recall targets judge in Measure 37 case
Petitioners say she ignored 1.6 million Oregonians' votes
By Crystal Bolner and Peter Wong
The (Salem) Statesman Journal | October 27, 2005 |
Proponents of Measure 37, a voter-approved ballot measure that allows property owners to seek waivers from land-use zoning laws or get compensated, are seeking to recall a judge who ruled that the law was unconstitutional.
Silverton businessman Tom Steffen, 37, the owner of a graphic-design company, filed the petition Wednesday with the support of the Constitution Party of Oregon. (more...)
Measure 37: Views
David Oates -- Reclaiming an ideal from Oregon's past
By David Oates
The Oregonian | October 20, 2005 |
Twice now, court decisions have given Oregon's progressive land-use system a reprieve, setting the stage for yet more yelling back and forth by the highly polarized sides.
I'm used to it, since I just finished walking Portland's urban growth boundary. The 260-mile boundary that defines Portland has created a dense and interesting community, while preventing some property owners from developing their land as they'd like. It protects Willamette Valley agriculture from sprawling suburbia, while goading some developers and libertarians into frenzies of opposition.
But the story I want to tell after last week's court decision overturning Measure 37 is a different one. And it's a story with no yelling at all. (more...)
Adell Amos -- Pro: Oregon can protect land-use laws and property rights
The judge understood that the measure unfairly created a whole new class of losers among landowners
By Adell Amos
The Oregonian | October 23, 2005 |
Adell Amos is an assistant professor of law at the University of Oregon. She can be reached at aamos@uoregon.edu.
As the framers of our state constitution intended, the courts have stepped in to protect the rights of Oregonians -- all of them, not just a select few. That's at the heart of the Marion County Circuit Court's Oct. 14 decision revealing that Measure 37 is not the long-overdue protection for private property interests it claimed to be. (more...)
James Huffman -- Con: Compensation on property use isn't a 'windfall'
An overruling of the property owner compensation law muddles legislative duties and economics
By James Huffman
The Oregonian | October 23, 2005 |
James Huffman is dean of Lewis & Clark Law School. He can be reached at huffman@lclark.edu.
On Oct. 14 a Marion County judge invalidated Measure 37, Oregon's most recent property owner compensation law. From her conclusion that political interests can sue because they might lose members if their favored laws are weakened, to her multiple reasons for finding the measure unconstitutional, Judge Mary Mertens James' decision is truly breathtaking. (more...)
Rick Bella -- Measure 37 fight exposes flaws in laws
By Rick Bella
The Oregonian | October 26, 2005 |
Some Measure 37 supporters say they were torpedoed by an "activist" judge when the voter-approved property-rights initiative was struck down.
At the same time, some Measure 37 opponents are saying the ruling by Marion County Circuit Judge Mary Mertens James is proof that Oregonians want the most restrictive growth-control system possible.
Personally, I think extremists on both sides ought to take this opportunity to go back to school. (more...)
Russell Sadler -- Landowners who filed Measure 37 claims in jeopardy
By Russell Sadler, For The Register-Guard
The Register-Guard | October 30, 2005 |
The decision by Marion County Circuit Judge Mary Merten James declaring Measure 37 unconstitutional is a timely reminder that initiatives are not popularity contests. Initiatives are lawmaking, and the citizens who write initiatives are bound by the same constitutional checks and balances as the Legislature sitting in Salem. (more...)
Jack Roberts -- Oregon's high court needs 'legal realism'
By Jack Roberts, For The Register-Guard
The Register-Guard | October 30, 2005 |
In 1937, a constitutional crisis stalked America as President Franklin Delano Roosevelt contemplated a full-scale attack on a United States Supreme Court that had invalidated 12 major pieces of New Deal legislation in less than 18 months. Roosevelt's plan -- dubbed his "court packing scheme" -- would have allowed him to increase the size of the court from 9 to 15. With the appointment of six new judges, FDR was confident he could turn the 5-4 and 6-3 votes against his legislative agenda into solid majorities that would support anything he wanted. (more...)
Andy Parker -- On land use, the problem is the process
By Andy Parker
The Oregonian | October 24, 2005 |
Within the first half-mile of Forsythe Road's climb to the rural plateau above the Clackamas River, it leaves behind the Oregon City limits and the urban growth boundary.
It's up here where Ted and Shari Anderson live with their two children and Bernese mountain dogs. Ted runs a wholesale nursery. Shari is Clackamas County treasurer.
Even back when they built their home in 1993, they knew full well the urban growth boundary and Oregon City would eventually creep up the hill and swallow their 2 acres of paradise. But that was years down the road.
So they weren't happy this year when the Lake Oswego lawyer whose family owns the property across the street filed a Measure 37 claim to create 23 1-acre lots.
To Ted Anderson, the rules were made clear a quarter-century ago, back before most building was outlawed on farmland. Landowners were told they'd better subdivide their land then or give up their dreams of development.
But many longtime landowners now chasing Measure 37 claims point out that subdividing isn't cheap. Because once you increase the value of your land, you increase your annual tax bill. (more...)
Letter -- Measure 37 ruling outrageous
By Jerry Ritter, Springfield
The Register-Guard | October 24, 2005 |
Once again a judge has brazenly thumbed her nose at Oregon voters in "Judge overturns property rights law" (Register-Guard, Oct. 15). The justification cited by Marion County Circuit Judge Mary James for vacating Measure 37 should send chills down the spine of every person in this state:
"Because Measure 37 imposes limitations on the government's exercise of power to regulate land use in Oregon, it is unconstitutional."
It seems to be a popular pastime of Oregon's judiciary to overturn popular voter mandates that limit government power. That's a major reason why so many people hold government in utter contempt. I'm sure the number of such people just took a big leap -- hopefully enough to throw James off her bench at the earliest electoral opportunity.
The Oregon Legislature has convened a committee to examine, among other topics, how that body can regain the public's trust. The first thing the Legislature needs to do is rein in these judges and restore power to the people where it belongs!
Letter -- Measure 37 created legal chaos
By Jason Busch, Eugene
The Register-Guard | October 26, 2005 |
As a law student interested in land use and as a citizen of Oregon who cares deeply for our great state's rural lands and its wonderfully livable cities, I welcome the recent court decision that finds Measure 37 unconstitutional.
In Measure 37, the people of Oregon clearly demonstrated their consternation with the status quo; few deny the need to revisit our laws. However, Measure 37 is an irresponsible solution: It is poorly drafted, ambiguous and radical. It purports to benefit people like Dorothy English, yet it creates a windfall for land speculators and developers. While the people want change, we did not intend a wholesale abdication of our right to control growth and plan for a better future.
The court's decision is yet another signal to our Legislature that Measure 37 has thrown our land use laws into chaos. It is time to revisit them, not with the purpose of pandering to special interests but rather for the purpose of ensuring fairness, livability, and a beautiful and healthy state for our children.
I ask of the governor and the Legislature, please do not permit such an important issue to be decided by courts in a piecemeal manner and by ballot measures that, while well intentioned, go too far and benefit too few at too high a cost.
Our elected leaders should do their jobs, make the hard choices, find middle ground and give the legislative process a chance to succeed so that we need not rely on such immoderate solutions as Measure 37.
Letter -- Immoderate Fix
By Jason Busch, UO Law School
Eugene Weekly | October 27, 2005 |
As a law student interested in land use, and as a citizen of Oregon who cares deeply for our great state's rural lands and its wonderfully livable cities, I welcome the recent court decision that finds Measure 37 unconstitutional.
In Measure 37, the people of Oregon clearly demonstrated their consternation with the status quo; few deny the need to revisit our laws. However, Measure 37 is an irresponsible solution; it is poorly drafted, ambiguous, and radical. It purports to benefit people like Dorothy English, yet it creates a windfall for land speculators and developers. While the people want change, we did not intend a wholesale abdication of our right to control growth and plan for a better future.
The court's decision is yet another signal to our Legislature that Measure 37 has thrown our land use laws into chaos. It is time to revisit them, not with the purpose of pandering to special interests, but rather for the purpose of ensuring fairness, livability, and a beautiful and healthy state for our children.
I ask of the governor and the Legislature, please do not permit such an important issue to be decided by courts in a piecemeal manner, and by ballot measures that, while well-intentioned, go too far and benefit too few at too high a cost. Do your job! Make the hard choices, find middle ground, and give the legislative process a chance to succeed so that we need not rely on such immoderate solutions as Measure 37.
Letter -- Why do we bother to vote?
By Alonzo Kinkade, Cottage Grove
The Register-Guard | October 27, 2005 |
I am sick and tired of having some liberal judge or attorney general find ways to overturn voter-passed measures. The recent judge's ruling on Measure 37 is a case in point.
If she is not overturned, then all of us who have lower tax values than the real market value may expect that measure to be overturned as well. She would reason that it violates the "equal privileges and immunities" provision of the state constitution because it gives benefits to people who owned their homes earlier, when limited tax increases applied, and not to a new buyer, who is taxed at the real market value.
I wonder why we bother to vote on measures when there are organizations like 1000 Friends of Oregon that can find a liberal judge to overturn any measure they do not like.
Editorial -- Oregon should cringe at efforts to oust judge
A recall should be reserved for malfeasance
| The Oregonian | October 30, 2005 |
I f judges were "yes" men and women, who always interpreted the law to mirror the popular will, why would we need them? They'd be redundant -- about as illuminating and corrective to the course of our democracy as an echo chamber. (more...)
Editorial -- Judge plays with fire in Measure 37 decision
| The (Polk County) Itemizer-Observer | October 19, 2005 |
If it looks like smoke over the capitol these days, don't despair. Marble and granite don't burn very well.
The smoke, however, may just be the signs of revolutionary activity getting under way.
The "shot heard 'round the state," if not the world, was the recent decision by Marion County Circuit Court Judge Mary James.
The judge obliterated Oregon's voter-approved property rights law last Friday.
The honorable jurist said Measure 37 violates the Oregon Constitution by favoring longtime property owners over those who have purchased land more recently. (more...)
Readers have mixed opinions on recall of judge
| The (Salem) Statesman Journal | October 28, 2005 |
We asked: A group wants to recall Judge Mary James of Marion County. It must collect 14,000 signatures within 90 days. The recall stems from James' recent ruling invalidating Measure 37. Click here to read story. Do you support the recall of Judge Mary James? Should judges be subject to recall because of their rulings? Are recalls over lawful rulings a threat to judicial independence?
You said: Comments appear here as they were submitted to the Statesman Journal. They are listed in the order in which they came with the most recent at the top.
Some comments without authors' names have been omitted.
The poll was online Oct. 27. (more...)
Donovan D. Rypkema -- Property Rights and Public Values
By Donovan D. Rypkema
Georgetown Environmental Law & Policy Institute | June 13, 2001 |
This is a lecture series about Smart Growth, so I want to begin with a very basic premise: there can be no Smart Growth without sensible land use controls. But today whenever the issue of land use is raised, so is the issue of property rights. So my subject today is property rights in general and what I would suggest are the misunderstandings of the so called "property rights movement" in particular. (more...)
Other News
2 former Coburg workers sue city
By Bill Bishop
The Register-Guard | October 28, 2005 |
The former city recorder and a former police lieutenant filed separate lawsuits Thursday seeking about $2 million from the city of Coburg, alleging that they were defamed and wrongfully fired because they refused to go along with other city officials who operated a speed trap and misused public property for their own gain. (more...)
Michael Leachman -- Free, no-maintenance marketplace is a myth
By Michael Leachman
The Springfield News | October 28, 2005 |
For years, the favorite myth of America's political and business leadership has been that the private marketplace operates like a force of nature. Hurricane Katrina -- an actual force of nature -- lays bare that this myth is inadequate, arrogant and dangerous.
According to this myth, the market is perfect. It is a natural and benevolent force that rewards those who make productive choices. Failure is the result of individual character flaws or government intervention, or both.
Here's why that's inadequate: the market is a human, not divine, creation. Market outcomes depend on the health of human institutions and relationships, especially the capacity of our government to maintain fairness and protect opportunity for all. How can the market deliver fair and democratic results if corporate culture is corrupted by self-indulgence and short-term profits? If politicians hand out no-bid contracts and other special favors to the most generous contributors? If trust-fund kids inherit unimaginable power to influence events? If a large share of the population is blocked from opportunity in dead-end jobs and isolated neighborhoods?
The market myth ignores power, corruption, privilege, and greed. (more...)
Jonathan Poisner -- Environmental clout extinct? Think again
By Jonathan Poisner
The Oregonian | October 21, 2005 |
The Oregon Legislature in 2005 moved away from its past practice of openly abusing the environment to simple neglect this session. To be sure, it was a session of missed opportunities. But environmental clout is on an upswing in Salem, quite the contrary to what The Oregonian recently reported ("Environmental clout in Salem all but extinct," Sept. 29). (more...)
Editorial -- The bottom line on global warming
A new report shows the Northwest must change with its warming climate or its economy will wither
| The Oregonian | October 24, 2005 |
The Republicans in the Legislature who keep fighting emission controls to slow global warming continually say they are just trying to look out for Oregon businesses and the state's economy.
A new report by more than 50 Northwest economists shatters that argument. The report argues that unchecked global warming poses an imminent threat to Oregon's $121 billion economy. If you care about jobs, the economists say, you better care about climate change. (more...)
People
Piercy's votes keep peace on council
By Edward Russo
The Register-Guard | October 25, 2005 |
Eugene Mayor Kitty Piercy, using her ability to break ties on the City Council, exercised diplomacy on Monday night.
With one vote, Piercy gave one faction of the council what it wanted, and then a few moments later with another vote, she pleased the other half of the eight-member council. (more...)
City picks top three manager finalists
By Jack Moran
The Register-Guard | October 26, 2005 |
SPRINGFIELD -- The list of those in the running for the city manager's post has been whittled to a pair of City Hall insiders and a candidate from Wisconsin, city officials said Tuesday.
Springfield residents have a chance to grill the three finalists during a "meet-and-greet" session set for Thursday night at City Hall. City councilors, who will make the hiring decision, hope the event will generate feedback from community members.
"It is important for us to get the public's input," said John Woodrow, council president. "This is, without a doubt, the most important decision we as a city council make."
Finalists for the job include current Assistant City Manager Cynthia Pappas, current city Development Services Director Bill Grile and Jim Payne, city administrator of Waukesha, Wis. (more...)
A city manager picked by Friday?
Down to three candidates, city council is ready to decide
By Stacy D. Stumbo
The Springfield News | October 26, 2005 |
It's been six months since Springfield City Manager Mike Kelly announced his retirement after 16 years in the position. Officials have narrowed the list of prospective replacements from 45 to just three.
Springfield Assistant City Manager Cynthia Pappas, Springfield Development Services Director Bill Grile and Waukesha, Wis., City Administrator James Payne have made the final cut. (more...)
City manager candidates step front and center
By Jack Moran
The Register-Guard | October 28, 2005 |
SPRINGFIELD -- They laughed. They snacked. They shook dozens of hands. And then it was showtime.
All three finalists for Springfield's city manager job stepped behind the lectern Thursday night and introduced themselves to 100 or so locals who gathered inside City Hall to hear what they had to say during an informal "meet-and-greet" session.
Armed with comment cards, attendees listened closely and jotted down their opinions of the candidates.
The comments will be reviewed today by the Springfield City Council, which is set to interview the three finalists this afternoon behind closed doors. (more...)
City manager decision still in the works
By Jack Moran
The Register-Guard | October 29, 2005 |
SPRINGFIELD -- A long afternoon of interviews and deliberations ended Friday with no decision from the City Council regarding who would be offered the city manager's job.
Councilors spent more than six hours behind closed doors considering the appointment, with most of the time dedicated to interviewing three finalists for the position. Deliberations will continue Tuesday, council President John Woodrow said. (more...)
Chambers celebrate 20 years of leadership: More than 400 people have participated in a leadership program created by Springfield and Eugene chambers of commerce
By Ben Raymond Lode
The Springfield News | October 28, 2005 |
A program that prepares community members for leadership positions on both sides of the river is celebrating its 20th anniversary this year.
The Leadership Eugene-Springfield program, which is a joint initiative between the Springfield and Eugene chambers of commerce, aims to foster the development of volunteer leadership in both cities.
The participants attend one class each month from October through May, are given regular homework assignments and receive lectures from community leaders and others with insights relevant to those who want to serve in volunteer leadership positions.
According to Springfield Chamber of Commerce Executive Director Dan Egan, each session takes place in various locations throughout the two communities, which helps familiarize the participants with various boardrooms and meeting facilities. (more...)
Dave Barry -- Will full juice be back for all by . . . Easter?
| By Dave Barry | October 27, 2005 |
The Miami Herald
Q. When am I going to get my electricity back?
A. The latest statement from Florida Power & Light is that "we expect to have all power in Miami-Dade, Broward and Palm Beach counties fully restored by, at the very latest, Easter."
Q. Why is it taking so long to restore power?
A. Wilma's unexpectedly strong winds caused major damage to three of FP&L's five longest extension cords. (more...)