HinesSight

Alaska, don’t repeat Oregon’s Measure 37 mistake

A few days ago I spent a pleasant half hour talking with a reporter from the Anchorage Daily News. Rindi White's story, "Land-use debate looks to Oregon," is about Mat-Su Borough's Proposition 1 that will be voted on by borough residents next Tuesday, October 2.

My main message to Rindi, and by extension to Mat-Su voters, was: Vote No! Learn from Oregon's mistake!

Because Proposition 1 is copy cat legislation from Oregon, and the mangy creature it's modeled on is Measure 37 – which Oregonians are poised to reform through Measure 49 in a special November election.

I told Rindi that many of our neighbors voted for Measure 37. But I don't know of any, not even one, who plans to vote against Measure 49. They've seen what a disaster Measure 37 has been for Oregon, planting subdivisions on groundwater limited farmland where a vineyard should be instead.

Along that line, here's a special note to Dave Hunnicutt of Oregonians in Action. Dave, in a recent Oregonian story about Oregon's wine industry being threatened by Measure 37, you pooh-poohed the notion that subdivisions are being built on vineyard friendly farmland.

"They were talking about massive subdivisions two years ago and where are they?" asked Dave Hunnicutt, president of Oregonians in Action, the Tigard-based group that sponsored Measure 37. "The only big subdivisions being built are ones in cities that are mandated by our existing land-use laws."

You should subscribe to Google News alerts, Dave. Then you'd be able to read a recent Salem Statesman Journal story about a Measure 37 subdivision that is being built on high value farmland that is perfect for growing grapes (there are vineyards on similar rolling hills right down the street on Liberty Road).

Once that irreplaceable land is paved over, it's gone. So Alaskans, learn from Oregon.

Your Proposition 1, like Measure 37, is intended to make the rich richer and the average person poorer – because it will trash the property rights of the many so a few privileged people exempted from laws that everyone else has to follow can make a lot of money.

Government shouldn't be guaranteeing a return on real estate investments. Investing is risky. Situations change, including government rules and regulations.

Those who bought property for big-time investment purposes, rather than to live on, or build a few homes on, shouldn't be treated any differently than stock, bond, commodities, or other sorts of investors.

Alaskans, three years after Measure 37 passed we Oregonians are about to fix it through Measure 49. So if you make a mistake and pass Proposition 1, I predict that you'll be having the same regrets in 2010.

Save yourself and your state a lot of trouble and money. Vote "No" on Prop 1. Then, if you still feel like there are some inequities in your borough's land use laws, model new legislation on our Measure 49.

Trust me. You'll be doing the smart thing. For yourselves. And for Alaska.

Illegal Measure 37 subdivision construction is front page news

The Yes on 49 folks should count a Measure 37 claimant's illegal road construction as a campaign contribution, because a front page story in today's Salem Statesman Journal should lead many Oregonians to vote "Yes" on Measure 49.

The story, which quotes me several times, points to several reasons why Measure 37 has to be fixed. Oregonians in Action (OIA) likes to say that no Measure 37 subdivisions will move forward unless there is proof of sufficient water for development.

But the Laack subdivision (Leroy Laack is the primary claimant) failed to show this. A Hydro Review report prepared by their hydrogeologist, Malia Kupillas, was failed by independent experts hired by Marion County.

However, two of the three Marion County commissioners – Sam Brentano and Patti Milne – ignored the county ordinance that stops development of a subdivision if a Hydro Review fails.

This shows that public officials can't be counted on to protect the public from harmful effects of Measure 37 claims. The Statesman Journal story pounds another nail into the coffin of OIA's dead-on-arrival "trust us, everything will be all right" spin.

Because the Measure 37 claimants (Laack, Greg Eide, and two other owners) went ahead and started road construction without either Marion County or DEQ permits. For five days, D8 Caterpillars illegally tore up high-value Oregon farmland until the county finally stopped this madness.

We can't figure out why it took so long for Marion County to recognize the obvious illegality. I filed a complaint with Code Enforcement the evening of Tuesday, September 18 (we were out of town when the road-building began on Monday).

It took until Friday afternoon, though, for the D8's to be shut down. I was the one who pointed out to county officials that their own final order for the subdivision requires a Major Construction Permit before construction of road improvements may commence.

Yet the newspaper story quotes Bill Loulay of North Santiam Paving:

Loulay said there was an agreement with Marion County to start work before getting the usual construction permit.

"We in good faith thought we were off and running," he said.

Well, we and our neighbors would like to know what Marion County official told Loulay it was OK to go ahead without a permit. We're suspicious this is why it took three days for the county to shut the illegal road construction down, when such should have happened right away.

Yesterday a neighbor told us a story about what happened when a Marion County inspector came out after her home had been built and her family was ready to move in. The inspector said, "You don't have your house number posted on the road."

He waited in their driveway while the woman rushed into town to buy some house numbers to put on their mailbox, or wherever. She wondered how Marion County could be a stickler on such a small thing, while being willing to let North Santiam Paving plow ahead with 60-foot wide subdivision roads without a permit.

Another oddity in the story is this statement from Loulay:

Last week's work moving dirt and leveling a road went on without the proper Marion County and Oregon Department of Environment Quality permits.

For developers, it was a case of miscommunication.

The DEQ erosion-control permit was issued Monday, more than a month after North Santiam Paving applied for it and several weeks after the agency said it would be mailed to the homeowner.

"It gets sent to the owner," said Bill Loulay of North Santiam Paving. "We assumed it got to the homeowner because we gave them about twice as long as they said it would take."

Bill, have you ever heard of something called a "telephone"? It's a cool invention. You can pick it up, push some buttons, and be able to talk with Greg Eide – who filed the DEQ 1200-C erosion control permit. Then you can say, "Greg, have you gotten the permit?"

Here's another funny thing. I know next to nothing about DEQ permits. North Santiam Paving must know a lot, because DEQ told me they've applied for the permits in the past. It took me about a minute to find the status of Greg Eide's 1200-C application online.

Did you ever think of checking to be sure the permit was approved before you started the road construction, Bill? Your equipment started moving dirt on September 17. The permit was approved September 24. That's five work days of illegal construction.

Not good for a construction company. And not good for a Measure 37 claimant. But such is to be expected with the "rush to become vested" that is occurring before Measure 49 goes into effect.

Of course, illegal construction work won't count toward vesting. But it sure does count toward making voters want to vote "Yes" on Measure 49 and stop the Measure 37 craziness.

Let's let Oregonians with Measure 37 claims have one to ten home sites. That's fair. But large subdivisions on groundwater limited farmland, especially those that begin building illegally? Not fair at all.

More Measure 37 subdivision craziness

I'll be really happy when November 6 rolls around and I learn that Oregon's Measure 49 has passed by a resounding margin in the special election.

Because fighting a Measure 37 subdivision on groundwater limited high-value farmland is taking up an awful lot of my time lately.

In my last post I wrote about how Leroy Laack and his co-claimants jumped the gun on road construction and started trashing some beautiful Oregon countryside without a permit.

This morning I learned that the stop work order that I'd been told had been issued, actually hadn't. Laack only had agreed to temporarily stop his illegal road construction, but he was still hoping to get a sweetheart permit deal from Marion County that would allow him to fire up the D8 Caterpillars soon.

Fortunately, he won't be able to. The Public Works Department is going to make Laack get in line for his Major Construction Permit along with everyone else, which will take at least four to five weeks.

This afternoon I drove by the work area and saw a welcome sight. May the rest of the equipment soon follow.

What's crazy about all this is that it took almost a week to get Marion County to enforce its own final order approving the subdivision (which we and our neighbors are in the process of appealing) and require a Major Construction Permit.

Since my wife and I have become land use activists we've found that almost every interaction we have with Marion County officialdom is like swimming upstream – the bureaucratic current is tilted in favor of well-heeled developers and Measure 37 claimants, while ordinary people like us who are simply trying to protect their wells and property rights have to go through a lot more effort to make our voices heard.

This afternoon I learned that Laack and North Santiam Paving also didn't have a DEQ (Department of Environmental Quality) permit before they started construction.

Supposedly they'd applied for a permit and figured that applying was as good as actually having one. I'll have to remember this lame excuse if I'm ever stopped for an expired car registration and tell the officer, "Oh, it's OK. I applied for the stickers and just haven't gotten them yet."

We're dubious that Laack has jumped through all the DEQ hoops that he's supposed to. A guy who is fine with illegally building roads likely isn't going to worry much about complying with environmental rules.

Well, this is what Measure 37 has brought us. A mess. (Yes, that's my photo of the un-permitted construction work, right on top of the page).

Vote for Measure 49. Put an end to the craziness in our neighborhood by limiting this Measure 37 claim to three home sites.

The rest of the 217 acres will make a great winery. And still make the owners a lot of money. I'll buy the first case. That's a promise.

Illegal construction on Measure 37 subdivision

Just as we suspected when D8 Caterpillars started bulldozing on a nearby Measure 37 claim, the road construction work that started Monday and went on for most of the week was illegal.

Marion County shut it down yesterday, issuing a stop work order. But not before quite a bit of un-permitted road building took place on high-value Oregon farmland.

Why would the Measure 37 claimants – Leroy L. and Jean R. Laack, M. Duane Rawlins, Greg M. Eide, Andrew A. and Margaret Rainone – move ahead on subdivision road construction without a permit?

Why would North Santiam Paving agree to build an illegal road for them?

Why would Marion County Public Works be on the verge of allowing the construction to continue without a permit?

These are questions that we and our neighbors don't have answers to yet.

We do know that work on the site stopped yesterday afternoon, thanks in no small part to Janet Carlson, chair of the Marion County Board of Commissioners. About 4:00 pm I got a call from one of her staff, saying that Laack had agreed to cease the illegal construction.

Thursday I'd contacted Commissioner Carlson, telling her that the final order approving the subdivision (which is being appealed) says "A Major Construction Permit is required before construction of roadway and drainage improvements may commence."

A Public Works manager, Bill Worcester, already was looking into the un-permitted work, but I thought it wouldn't hurt to let Commissioner Carlson know that the Board's final order was being ignored.

What's perplexing is that I'd been told that a Public Works attorney had advised that a deal could be worked out with North Santiam Paving where they'd complete the subdivision roads without a permit, then have them inspected by the county after the fact.

Weird. You'd think that the first thing the attorney would have done was read the final order. Instead, I was the one who pointed out to Public Works what Laack and his co-Measure 37 claimants were required to do.

Thankfully, last time I looked the bulldozers were motionless and lined up neatly.

The minds of us and many neighbors are still working, however, trying to fathom why someone would purposely ignore Marion County rules and start road construction without a permit.

What this shows is the desperation of a Measure 37 claimant who's afraid that Measure 49 will pass November 6, in which case he'll be limited to three home sites (because the subdivision is on groundwater limited farmland) – rather than the 43 he wants to have.

Rushing to construction, in this case illegally, was an obvious likely side effect of referring Measure 49 to the voters rather than passing it directly. I warned about this back in June. And now it's come to pass.

To no avail for the Measure 37 claimants. County staff have told me that construction work occurring without a permit almost certainly wouldn't qualify as a "vesting" expenditure.

Well, if nothing else this shows that Measure 49 is right on target (these signs are right across from the subdivision).

Allowing "Ma and Pa" to build a few homes on long-held property, fine. Preventing would-be subdivision developers from trashing irreplaceable Oregon farm, forest, and groundwater limited land, not fine.

Especially when they ignore the rules and start their Measure 37 construction without a permit.

[Monday update: Astoundingly, I've been told that Marion County hasn't actually issued a stop work order, though the Measure 37 claimant has agreed to cease construction temporarily. It's amazing that the county is unwilling to enforce its own final order and seems to be bending over backwards to allow illegal road construction. Hopefully wiser minds will prevail soon and the claimant will be required to go through the normal application process for a Major Construction Permit.]

Survivor China: Ashley is for real (except her breasts)

After watching the first episode of Survivor China tonight, I have my favorite contestant: Ashley.

Contrary to what my wife would have you believe, my admiration for Ashley has nothing to do with the size of her breasts. Well, maybe just a little. OK, maybe a lot.

Still, I need to defend my bosom friend (oops, bad choice of words) from vicious rumors that were being spread in our home this evening by – not big surprise, since our dog doesn't watch much TV – my wife again.

Almost every time Ashley appeared on camera with the "professional wrestler" identifier next to her name, Laurel would say, "Yeah, right. I bet she wrestles in mud when she's not dancing around a pole."

Laurel also questioned the authenticity of her breasts, which I studied with considerable non-clinical attention along with the CBS cameramen – since several shots focused first on Ashley's chest, then panned up to her face, the second most interesting part of her body.

I'm inclined to concede to my wife that she could be right about her doubts concerning this side (or rather, front) of Ashley. However, I just pointed out to Laurel that a quick Google Images search revealed convincing proof of Ashley's wrestling prowess.

Look at that hold. I'm not sure what you'd call it, but it certainly looks like an authentic wrestling technique. As does her grimace. And the short skirt.

Confirming Ashley's athletic credentials, the Survivor web site says that:

A former gymnast, she competed in Miss Hawaiian Tropic pageants and was crowned Miss Hawaiian Tropic USA in 2002 and Miss Hawaiian Tropic Canada in 2005. She currently works as a model and a professional wrestler with the WWE. She came to the WWE as a contestant in the 2005 RAW Diva Search. After beating out seven other finalists, she received a one-year contract with the World Wrestling Entertainment.

Hah! Former gymnast! Take that, Laurel.

My girl Ashley clearly is as real a professional wrestler as they come, for whatever that's worth. I confirmed that she was indeed winner of the 2005 RAW Diva Search, beating out such stiff competition as Alexis ("a veteran of music videos"), Cameron ("a former Miller Lite girl"), and Elisabeth ("a former Baywatch Babe Search winner").

So I hope this puts to rest any carping about Ashley's professional wrestler status. If not, the next episode should convince any remaining doubters, as I caught a glimpse in the preview of Ashley throwing down another girl.

OK, it was in some mud. But it rains a lot in China.

Look, frown, then vote for Measure 49

Not a pretty picture, is it? High value Oregon farmland, 125 acres of it, perfect for a vineyard, being bulldozed into a Measure 37 subdivision.

This is the sight that greeted us after we got home today from a long weekend away. Neighbors had phoned and emailed us, saying that large earthmoving equipment was at work. One friend said that he drove a roundabout way home, since seeing an irreplaceable piece of Oregon farmland being torn up by a D-8 was too much for him.

As it is for most Oregonians, which is why this Measure 37 claim near us – the Laack subdivision – serves as a poster child for voting Yes on Measure 49 this November.

Measure 49 limits development on farm, forest, and groundwater limited land to three home sites. The Laack subdivision is both high value farmland and groundwater limited.

Defenders of Measure 37, such as Oregonians in Action, like to say: "Current regulations won't allow Measure 37 developments to move forward unless there is enough water to supply the subdivision without harming existing users."

Wrong, wrong, wrong. Take another look at the photo. You're seeing a Measure 37 subdivision moving forward, even though independent water experts hired by Marion County concluded that it shouldn't. They looked at all the evidence and found that neighboring wells and springs could be harmed by 42 more wells going in.
Download peer_reviewlaack.pdf

But politics overruled hydrogeologic science. Two of the three Marion County commissioners (Sam Brentano and Patti Milne) ignored the water experts and the county's own groundwater ordinance, choosing to trash the property rights of the many in favor of a privileged few.

Measure 49 will bring fairness back into Oregon's land use system. Hundreds of people live in the area around the Laack subdivision. Many of them owned their property before the Measure 37 claimant bought his. They assumed that their wells wouldn't be sucked dry by excessive unplanned development.

Yet this is what Measure 37 has brought us: 42 home sites on three acre parcels in an area that has been officially designated as needing at least five acres to support a well.

Crazy? Yes. Especially to neighbors of the Laack subdivision who have already had to deepen or replace their wells, and are wondering why bulldozers are moving earth on land that water experts say shouldn't be developed.

Even though many of our neighbors voted for Measure 37, they're all voting "Yes" on Measure 49. If you're an Oregon voter, you should too.

For so many reasons.

Smith Rock scenic September hike

Rock climbers, in my opinion, are certifiably crazy. Which is why I admire them so much. And a big part of what made today's hike around a 4-mile loop in central Oregon's Smith Rock State Park so enjoyable.

Here's three climbers on the aptly named Monkey Face formation, which looks most monkeyish from this perspective on the Mesa Verde Trail. One climber (with red pants) is standing in the mouth.

To get there we hiked a couple of mostly flat miles on the River Trail. A short ways from the parking lot you already feel like you're on a Western movie set (in fact, "Rooster Cogburn" was filmed here).

The trail follows the also aptly named Crooked River.

To take the loop you head off uphill on the Mesa Verde Trail. Before too long the scenery is worth the panting (and it was just in the mid-60s today; if it's much hotter be sure to take a lot more water than the one bottle I carried with me).

Mesa Verde merges with the even more aptly named Misery Ridge Trail. After some heart-pounding switchbacks we ended up on the other side of Monkey Face, where no monkey is visible.

(Note to Bill Sullivan, author of "100 Hikes in the Central Oregon Cascades": We love your hiking books. But dude, if your Smith Rock loop is "moderate," I'd hate to see what an "extreme" hike is like. My wife and I are in good shape, but the Misery Ridge Trail deserves its name. Even on a cool day.)

This must be the "red pants" climber heading somewhere out of the mouth of Monkey Face.

Near the top of the Misery Ridge trail I turned around, sat down on a blessedly comfortable rock shaped a lot like a chair, and left my out-of-breath misery behind with this view.

Black Butte, coyly peeking through the Monkey Face formation.

Laurel and Serena, pooped out at the top of the Misery Ridge Trail.

We'd made it higher than the top of Monkey Face. That's Mt. Jefferson in the background (I'm pretty sure).

Heading down the other side of the ridge, more vistas.

I decided to try some freestyle climbing. Hey, there's nothing to it!

Especially when you're just five feet or so above the trail.

Yes on Measure 49 signs: beautiful or beastly?

Beauty. It's in the eye of the beholder. Portland blogger Jack Bogdanski doesn't like the "Yes on 49" signs that are cropping up around Oregon. He says, they look bad – contributors to visual blight.

Well, to me and most of our neighbors, they're gorgeous. Because they're intended to save our state from something really ugly: Measure 37.

About a week ago I picked up five bundles of Yes on 49 signs. They're the brainchild of signmeister David Adams, a follow-up to his Measure 37 "Fix It or Nix It" campaign. (The "Yes on 49" campaign also has lawn signs.)

This bunch went up on neighbor Wayne's property. He lives right across the street from a proposed 42-lot Measure 37 subdivision.

Lots of people in the area have water problems. Wayne had to replace his well after it went dry. He isn't wild about 42 new wells sucking water out of the aquifer he depends on. Especially when independent experts say there isn't evidence of enough water to supply the subdivision without harming current users. (But the subdivision was approved anyway.)

Neighbor Martin was happy to put up some signs also.

After taking that photo I crossed Liberty Road and snapped a shot of the groundwater limited farmland that Measure 49 would protect by limiting the Measure 37 claim to three home sites. The rest would be great for growing grapes.

Brother blogger Jack, I feel your pain about roadside signs. My wife and I hate billboards. Yet here's our Lake Drive frontage, plastered with Yes on 49 urgings.

Come November 7 I'll take them down. Hopefully with a big post-election smile on my face. Until then my artistic assessment is:

Beautiful.

[Update: Dave Adams' "Yes on 49" sign campaign got some good publicity on a Eugene TV station yesterday. Check out the KVAL story and video here.]

More reasons to vote for Measure 49

Courtesy of the Oregon-loving, genuine property rights-respecting folks at Measure 37 in Action:

Oregon Measure 37 Claim Maps by County In Oregon, there are more than 7,500 Measure 37 claims filed. In total, these claims cover over 750,000 acres of land and the developer's demands for compensation total around $15 billion of Oregon taxpayer's money. Most of these claims have been filed on Oregon's most productive farmland as well as in our precious, protected forestland. Check out the story, take a moment to 'digg it' and then view the maps of Measure 37 development claims. They show a breakdown of claims by Oregon region.

Measure 37 Claim to Build a Mine and Homes in the Newberry Crater National Monument In 1992, Congress designated the Newberry Crater a national monument. By definition, a national monument can include private property, but is managed by federal agencies to insure proper protection of the area. On June 1, 2006, James Miller filed a Measure 37 claim for $203 million in compensation for restrictions on development in the Newberry Crater. Read the post on Measure 37 Watch after you take a moment to "Digg it". Measure 37 Watch is a site explaining examples of how Measure 49 helps fix the serious flaws in Measure 37.

Barack Obama takes on Gen. Petraeus

By and large, it was pretty damn frustrating to watch General Petraeus and Ambassador Crocker on C-Span today as they spread their exquisitely fashioned B.S. over a Senate Foreign Relations Committee hearing on Iraq.

When I first heard about the Move On "General Petraeus or General Betray Us?" ad, I thought it was over the top. But after seeing Petraeus testify before Congress I give the ad a thumbs up.

He's got a reputation for being an independent straight-shooter, above politics. Well, I didn't hear him say anything that wasn't straight out of the Bush administration party line. That isn't the sort of "straight" the country needs right now.

What's needed in Iraq is a change of direction, pronto. Thankfully, a number of Senators recognized this and gave Petraeus a well-deserved hard time.

Republican Chuck Hagel was one of my favorites. He got right to the point and laid it on Petraeus. By contrast, Democrat Joe Biden was his usual irritating self – telling too many stories and flashing his incongruous toothy grin when he should have been snarling.

Here's a video that I put up on YouTube of Barack Obama's opening statement to Petraeus (low resolution for the broadband impaired, so it's a bit jerky).

More and more, my wife and I are becoming Obama fans. I wish he wouldn't have sounded so much like an attorney at the hearing – even one "stipulate" is too many – but he looks like a president I could happily live with. (Another bit of advice to Obama: you don't have to spell out "ass" on national TV; it's not obscene).

It really frosts me to see the supposedly liberal media, like CNN, buying the Bush administration horseshit on troop reductions. Give me a break, headline writer: "Officials: Bush to adopt Petraeus advice on troop withdrawals."

Yeah, right. As if Petraeus isn't Bush's trained trick pony. Whoopee. By next summer troop levels in Iraq will be back to what they were in early 2007, before the surge. And even that reduction is based on undisclosed conditions.

Conditions "on the ground," I bet. (I'll send $20 to the first reporter who asks Bush about conditions "in the sky" and "under the ground" in Iraq, as contrasted to "on the ground.")

Senators at the hearing pointed out that if we'll still be at 130,000 troops by next summer, and it supposedly will be at least a year longer before Iraqi troops are ready to take over security, two years from now this country will still be in pretty much the same quagmire as we are now.

But, hey, CNN says that the Iraq war testimony is favorable to Republicans. How that is, I don't know. Unfortunately, CNN may be right. Too many Americans are still willing to swallow Petraeus' Pollyannish assessment of how well the surge is working.

I've got to hand it to the Bush administration in one regard. They can't do anything important competently. When it comes to public relations, though, they've got a knack for twisting the truth in marvelously creative ways.

Iraq's government is dysfunctional, the U.S. ambassador to Iraq told a Senate hearing Tuesday, but he said the fact that Iraqi leaders recognized it as such was a sign of progress.

Good try, Ambassador Crocker.

However, if you're the parent of a soldier who died in Iraq, I don't think you'd consider the death was an appropriate price to pay for a recognition of dysfunctionality among Iraqi leaders.

Here’s why Salem is so depressing

For a brief moment, oh so brief, the headline in today's Statesman Journal gave hope to my terminally depressed Salem mind.

I've pretty much given up hope that Salem ever will be anything other than the bland, featureless, fast-food loving, strip mall adoring, second (or third) class city that it is now.

But my heart fluttered with unfamiliar optimism when I read:

Keizer Station a boon to area economy. More stores set to open; grocery store is a possibility

Grocery store is a possibility. Why, that could mean…dare I hope?...no, not in Salem…maybe, though…be optimistic…keep reading…they might be referring to…

A Trader Joes. Which my wife and I, along with countless other Trader Joes-deprived Salemites, have been visualizing for quite a while.

Reading on, I came to mention of Keizer Station's Area C.

Area C, west of the railroad tracks and south of Chemawa Road, remains undeveloped and unplanned, but a change could be made there to allow a 120,000-square-foot building that could house a grocery store, developer Alan Roodhouse said.

Hmmmm. Undeveloped and unplanned. Doesn't sound promising. Then, three paragraphs down the line, my Salem depression returned with a this town is so goddamn #@$%^! vengeance.

If the changes are approved, the store could be in by the end of 2008 or mid-2009, Roodhouse said. Store candidates include Fred Meyer, Safeway, WinCo and Wal-Mart. Stores not interested in the site include Trader Joe's, Whole Foods Market, Albertsons and Roth's, but Roodhouse said any of them would be welcome in the spot.

Dear God, why hast thou forsaken Salem!? Is it because we share the name of a city known for its witch trials? Whatever the reason, lift the curse, the black cloud, the life-sapping vibe, that hangs over Oregon's second largest city.

Lord have mercy – not another WinCo or Wal-Mart!

My sentiments were shared by many of those who left online comments about this story, which begin here and continue for several more pages. Trader Joes was mentioned longingly.

Just what is it going to take in order to get Trader Joe's to come to either Keizer or Salem? Come on folks, we need something new! I am sure that the people in the area may be able to use a Walmart or Freddys, but wouldn't it be nice to have something that we don't already have? We need a Trader Joes!

I think the powers that be at Trader Joe's are doing themselves a disservice. They need to think outside the box and take a chance on Keizer Station. Their bean counters are too focused on demographics and not interested in reality. People in this area are dying for Trader Joe's and I believe it would do quite well.

I too would love to have a Trader Joe's in Salem. About once or twice a month we drive up to the one at the I-5 & 217 interchange and stock up on a lot things that you can only buy there. I have heard the reason that Trader Joe's will not come to Salem, is that the average disposable income in Salem does not fit their model. This is the same reason Whole Foods and other stores avoid Salem. As the article said, the management of the development would welcome them here, but the stores don't want to come. Does the term, "one horse town" ring a bell here?

I was in Bend for a vacation a couple of weeks ago, and they are building a Trader Joe's there. I couldn't believe it. I do not understand why the heads of that company seem to think Salem or this area wouldn't be a good place for a Trader Joe's. Trader Joe's is not an expensive store, at least not to me. So I don't get it.

I don't understand Trader Joe's reticence in not wanting to come here. Salem has a mixed population, but there are many people who make lots of money and appreciate their products. I believe they would do well in Salem. They would also draw people from other areas that may not go to Portland to shop them. For them to snub Salem makes me think twice about shopping Trader Joes at all.

Would LOVE to see a Trader Joe's! I drive up to the one in LO now & could spend even more at one here with the gas money I'd save.

My sources tell me that Trader Joe's will locate here within the next couple of years but only in South Salem.

Well, that last comment left me with a ray of hope, a slight parting of the perpetually gray clouds that hang over Salem's shopping and restaurant scene.

Keizer Station, for those who are fortunate enough to have missed its trendy-in-1980 big box shopping center design, currently has such yawn-inducing stores as: Target, Sleep Country USA, Ross Dress for Less, Lane Bryant, and an OSU Beaver Fan Shop.

(Oh, yeah. That's just where I don't want to head, after watching OSU lose to Cincinnati in such a dreadful fashion last week.)

Such is Salem, land of Wal-Mart, Target, and all-you-can-eat dining. But here's the thing, Mr. or Ms. Trader Joes location planner, who I hope will read this post one day after Googling "Salem + Trader Joes."

Your store would make out like gangbusters here. Really. Especially if it's in south Salem, which is populated with a larger share of health-food friendly creative class types than, say, the penitentiary neighborhood.

Build it and we will come.

Measure 49 helps surviving spouses, so vote “Yes”

There's a debate going on in the blogosphere over whether Oregon's Measure 49 – to be voted on this November – really helps surviving spouses.

The subject is mostly of interest to land use junkies or people with Measure 37 claims, but it points up the difference between how pro- and anti- Measure 49 folks address issues. Namely, with reason and logic (pro) or emotion and it's-true-because-I-say-so (anti).

Over on a blog that inaccurately proclaims to tell the truth about Measure 49, it's asserted that if you're a surviving spouse "Measure 49 will get ya!"

When I came across this post I was surprised, since I've read the bill that became Measure 49 in its entirety and I agree with the Yes on 49 web site summary that says it will:

Extend Measure 37 rights to surviving spouses whose ownership rights did not qualify for standing under Measure 37.

Indeed it does, as a more accurate blog post over at Oregon Watch demonstrates. All you have to do is read the ballot language and use some common sense. The pertinent section reads:

If the claimant is the surviving spouse of a person who was an owner of the property in fee title, the claimant's acquisition date is the date the claimant was married to the deceased spouse or the date the spouse acquired the property, whichever is later.

Now, I'll admit that this isn't the clearest sentence ever written. Unless you put some thought into it, it isn't completely obvious whether the final "spouse" refers to the deceased spouse or the surviving spouse.

The anti-Measure 49 blogger jumped to the conclusion that it means the surviving spouse. If this were the case, Joe could buy his property in 1970, marry Jane in 1980, then die in 1990, and supposedly the acquisition date would be 1990 – when Oregon had more land use restrictions compared to 1980 (because that's when Jane inherited the property).

However, if you read through the comments on the "If you are a surviving spouse, look out, Measure 49 will get ya!" post, you'll find an interesting interchange between logical batmantempest and the untruely named Common Sense.

Common Sense is so convinced that the Democrat-dominated Oregon legislature wouldn't do anything to help the spouses of Measure 37 claimants, he's unable to see the flaws in his own narrow point of view.

It's pretty darn obvious that when the bill says "was married to the deceased spouse or the date the spouse acquired the property," the two uses of the word "spouse" mean the same person. Namely, the deceased spouse.

Thus under the previous example, Jane was married to Joe in 1980; Joe acquired his property in 1970; so Jane's acquisition date is 1980, because it is later than 1970. And also earlier than 1990, which the crazy reasoning of Common Sense would have us believe the acquisition date is.

Bottom line: Measure 49 helps surviving spouses, who otherwise would be mostly left out in the cold, claim-wise, if they weren't listed as owners of a piece of property before their spouse died.

Measure 49 helps current Measure 37 claimants in other ways also. It makes development rights transferable to new owners for claims up to 10 home sites. And it creates an "express lane" option for up to three home sites.

So don't believe the frothing-at-the-mouth assertions that are being thrown out by the anti-Measure 49 crowd. It doesn't do away with Measure 37. It doesn't make current claimants start over. It doesn't treat spouses unfairly.

Rather, it fixes the excesses of Measure 37 (like allowing large subdivisions on precious farm, forest, and groundwater limited land) and helps Measure 37 claimants with appropriately sized claims – up to 10 home sites.

Thus whether you like Measure 37 or detest it, there's good reason to vote "Yes" on this carefully crafted compromise that protects Oregon's livability for everyone.

Measure 49 lives! OIA lawsuit dismissed

Good news for Oregon. A federal judge, Ann Aiken, has refused to strike down the ballot language for Measure 49, the much-needed fix for Measure 37.

Interestingly, the decision came shortly after the case was reassigned from Judge Hogan to Judge Mosman, and then further reassigned to Judge Aiken. I don't know what this means or how it came about, but the final decision was fair (and expected, by me at least).

The AP story says that Oregonians in Action plans to lawsuit their way on with a challenge in Marion County District Court.

Suggestion to OIA: why don't you try convincing Oregonians that large subdivisions on farm, forest, and groundwater limited land are just fine and dandy, as Measure 37 allows?

That'd be a hard sell, wouldn't it? Guess this explains why OIA is afraid of the upcoming November vote. Strange, since this is a group that always is braying about "respecting the will of the people."

Let that will be heard, OIA. No more lawsuits trying to stop the election.

Kohlrabi Black Belt and other images of Illinois

Well, actually this is a photo of me wearing my Kohlrabi Black Belt shirt back in Oregon. But since I bought it from a quirky creative artist, Larry Steinbauer, at a Champaign-Urbana Saturday market, it counts as an image of Illinois.

I love it. I wore it during a visit to the Rantoul Air Museum, and I'm wearing it today – after getting back from the flatlands of America yesterday (I got another Steinbauer t-shirt that says: "Champaign: in the foothills of mount level").

The Kohlrabi shirt's message is from the renowned Turnip Cabbage IV, "Be inwardly strong but gentle to others." Just like kohlrabi itself, or so I assume, not having a recollection of ever eating it.

I did take the shirt off Monday when Laurel's sister and brother-in-law, Dee and Jerry, took us to Allerton Park near Monticello. Robert Allerton, who gave his estate to the University of Illinois in 1946, had a thing for Chinese Fu Dogs and other statuary. Fortunately, my Napili Bay t-shirt matched the purplish Fu Dogs. (you can see how happy this one is about that)

The centerpiece of the family reunion was Lexie, a bundle of cute. I quickly learned that baby photography is tricky, given the ever-changing subject. Here I managed to capture her in an equine contemplative moment with her mother, Monica. The horse is Dee's.

More Lexie, quasi-crawling.

Laurel did some baby-holding. And matched her clothing nicely with Lexie's toy.

Jerry is the head honcho of county parks, so we got a tour of the Lake of the Woods park. Here's the lake.

And here's part of the woods, a stately heartland tree with a swing that pleads, "Sit a spell."

I enjoyed the scenery and general vibe of central Illinois more than I thought I would. We Oregonians are justifiably proud of our towering fir trees and high mountains, but there's something equally majestic about being able to look forever in every direction – nestled in the foothills of mount level.

(Which reminds me: if you find you can't live without a Kohlrabi Black Belt or Champaign t-shirt, Steinbauer can be reached via his art gallery, Wind Water and Light. He told me that he hasn't gotten around to putting his t-shirt creations online yet, but would be happy to fill an order over the phone.)

Black Butte Ranch evacuated

Oh, man. Not good news – the GW fire in central Oregon forcing the evacuation of hundreds of people from Black Butte Ranch (a large destination resort, for those unfamiliar with the area).

The Sisters Nugget has up to date coverage of the evacuation and steadily growing fire. The Oregonian said the fire was at 5,400 acres, but that's probably old news.

As partial owners of a cabin in nearby Camp Sherman, and frequent visitors to Black Butte Ranch, we're suffering with the locals all the way from Champaign, Illinois.

I'm not a praying person. But tonight I'll make an exception and pray for central Oregon rain.

Next day update: Now, good news. They're back! In part due to a quarter inch of rain. I still don't believe in prayer, but I bet more than a few Black Butte Ranch residents would argue with me.

How to tell you’re not in Oregon anymore

Clue 1: the horizon is really flat. And there's lots of corn. Not only at this Champaign-Urbana farmer's market, where the corn is stacked as high as a child's eye, but also stalking in the fields – along with soybeans aplenty.

Clue 2: when the husband of your wife's sister, Jerry (reaching out for corn in the photo above) tells you that a subdivision is going to replace a corn field near their house, and you say, "But isn't that zoned farmland?," after which he smilingly reminds you that you're not in Oregon anymore, which still has some good land use laws that protect corn and other vegetative living things even after Measure 37, in contrast to most other unenlightened states of the union.

Clue 3: you get off an airplane and you don't hear harp and piano music playing in concourses anymore; nor are your surroundings bright, cheerful, clean, and well-designed; and you have to search hither and yon for a hint of the healthy food that is so readily available at the airport you left from, which happens to be Portland, and appears to be banned at your not-quite-final destination, Chicago – along with any paint that isn't gray, black, or otherwise depressing.

(Portlanders, there may be some things to complain about as regards your town, but your airport is not one of them. Further, speaking as a Salem resident, be thankful you have an airport with planes that go more places directly than just Salt Lake City – our one and only non-stop destination choice.)