Salem’s “10-days-until-you-get-sick” water advisory wasn’t settled science

The folks at City Hall who made the indefensible decision to keep Salem residents in the dark for seven days after s sample was taken that showed high levels of a cyanotoxin in the water supply are trying to claim that a "10-day window" rule permitted this.  In a Statesman Journal story, Public Works Director Peter Fernandez said: City officials “hung our hat” on EPA guidelines that allow for a 10-day period to make treatment adjustments to fix the water. After 10 days, the buildup of toxins becomes more serious. So let's take a look at how the 10-day EPA…

Five strange things about Friday’s special City Council meeting about water problem

I'm a fan of strangeness. But there's pleasing kinds of strange and disturbing kinds of strange. Watching yesterday's special City Council meeting about Salem's toxic algae water crisis via a Facebook feed gave me the latter sorts of feelings...disturbing. Here's five things that struck me as strange: (1) That the meeting needed to happen at all. The City Council just had a meeting on Tuesday. But City of Salem officials botched their response to dangerous levels of toxic algae cyanotoxins in the water supply so badly, a special meeting on Friday was necessary.  This wasn't exactly the biggest emergency Salem…

Key questions remain about botched response to Salem’s toxic algae water problem

Today we learned that Salem's water is still unsafe to drink for young children, pregnant women, dialysis patients, and other people with compromised immune systems.  But there's a lot still left to learn about how City and State officials botched their response to last Saturday's test results showing unsafe levels of toxic algae in the water system of Salem and other municipalities sharing that system.  (1) Why the four-day delay in alerting people about the problem? I talked about this in an earlier post, "Salem-area water safety alert could have been handled better." Mayor Chuck Bennett, who is out of the…

Salem-area water safety alert could have been handled better

Nobody's perfect. But everybody can learn from their mistakes. So from my vantage point, here's what I see could have been handled better regarding the toxic algae warnings in Salem-area water systems that went out yesterday. It sure seems like people should have been notified earlier. A Statesman Journal story reports that City of Salem staff knew last Saturday, May 26,  that unhealthy levels of toxic algae had been detected. (Lacey Goeres-Priest is Salem's water quality supervisor.) Water was sampled late last week and officials received the results of testing the water on Saturday, said Goeres-Priest. The results showed toxin levels…

Images of Salem’s Downtown Streetscape Project

If you love Salem's downtown -- I sure do -- you'll want to see these photos I took at last night's Downtown Salem Streetscape Project open house. There's some exciting improvements in the works for downtown sidewalks, alley entrances, and Front Street crossings to Riverfront Park. Traffic calming features got me especially enthused, since whatever makes downtown streets less freeway'ish is a very good thing.Click on the image below to see the Adobe Spark page I made. 

City Council still confused about Lone Oak Road Reimbursement District

Last night the City Council decided to take another month to consider its reconsideration of a Lone Oak Road Reimbursement District that appears to have support mainly from the developers who would pocket money supplied by lot owners in south Salem. 

A hearing was supposed to clear up questions about the Reimbursement District, but it seemed that as many questions were raised as answered. So after lengthy discussion, Mayor Chuck Bennett moved to hold open the hearing until the April 23 City Council meeting. That motion was passed unanimously by nine rather confused councilors.

In case you've missed the twists and turns of this issue — and if you only read the Statesman Journal, you've missed out completely, because our local newspaper no longer covers most local news, including news about the Lone Oak Road Reimbursement District — here's my blog posts about this subject, listed from oldest to newest..

City Council poised to make public pay for improvements, not Larry Tokarski
Why did Larry Tokarski start, then stop, construction of Lone Oak Road?
Larry Tokarski leaves the public with a $7.5 million development bill
Neighborhood association asks City Council to reconsider Lone Oak Road decision
Salem City Council reconsiders making public pay for Lone Oak Road improvements
Is Larry Tokarski the developer of Creekside?
Salem Weekly delves into messy history of Creekside development
Statesman Journal reporter criticizes Salem Weekly for story his paper didn't cover
City staff ignore neighborhood association questions about Creekside development

The hearing last night featured quite a few complaints from people who would have to pay thousands of dollars to the Reimbursement District when a house was built on their lot, even if they'd rarely, if ever, use an extension of Lone Oak Road.

They questioned why owners of lots quite far from Lone Oak Road would have to pay up, while current residents of the Creekside neighborhood wouldn't have to pay anything.

In my three-minute testimony, I argued that there didn't appear to be a need for a Reimbursement District. You can either listen to what I said via the You Tube video below, or read my remarks in a continuation to this post. 

Several city councilors said they'd be submitting questions to City staff that they'd like answers to when the Reimbursement District is discussed again at the April 23 City Council meeting.

Here's a key question that I hope gets asked and answered: Is the Creekside developer required to build a bridge over Jory Creek and an extension of Lone Oak Road, or is constructing these improvements the responsibility of the City of Salem?

I recall that City staff said last night that if the Creekside developer plats Phase 14, the bridge and road would have to be built as a condition of moving ahead with the development of that phase. However, the staff report for the Reimbursement District reconsideration hearing only speaks of the Creekside developer being required to construct Lone Oak Road.

The Creekside developer is required to construct Lone Oak Road between Muirfield Avenue and Augusta Drive as a condition of the next sub-phase of Creekside’s Phase 14 development. However, the timing of construction is at the developer’s discretion, not the City’s. Therefore, this condition to construct Lone Oak Road is also being imposed on other developments in the area since the street is needed to serve these other properties.

There also was considerable talk about a 2015 Memorandum of Understanding that called for the City of Salem to build the bridge and possibly also the road (the MOU language isn't crystal clear on this point), with the Creekside developer seemingly only being responsible for dedicating the right of way for the northern extension of Lone Oak Road. 
Download Attachment 7 – Creekside MOU 052715

The MOU calls for the City of Salem to include $750,000 in the Capital Improvement Plan for FY 2016 through 2020 to build the bridge. But the plan for the Reimbursement District assumes that the bridge will cost $5,6 million. So there's close to a $5 million discrepancy between what City officials thought the Jory Creek crossing would cost in 2015, and what it now is estimated to cost,

This is a major screw-up which was cause for concern at previous City Council hearings. Last night it was learned who was responsible for the $5 million mistake: Peter Fernandez, the Public Works Director. He said that he failed to get a cost estimate from the City engineering staff, choosing instead to rely on a cost estimate by the Creekside developer. 

Here's a video I made of Fernandez' admission that he was the one who screwed-up.

This $5 million mistake by Fernandez is important for reasons beyond the high dollar figure. Here's why:

(1) Peter Fernandez had numerous opportunities to come clean about why the cost of the Jory Creek crossing mushroomed from less than a million dollars to almost six million dollars. But he only revealed his failure to get a cost estimate from his engineers under close questioning from Councilor Tom Andersen last night. This calls into question Fernandez' credibility on other issues, and is a valid reason to wonder why he should continue to serve as Public Works Director.

(2) It was acknowledged yesterday that given the $5.6 million cost of a bridge over Jory Creek, there is little likelihood that the Creekside developer will ever choose to build the bridge. So this eliminates a major rationale for the Reimbursement District, which already obviously is on shaky ground given the fact that after approving it, the City Council voted to reconsider that decision, and now has decided to spend a month considering the reconsideration before the April 23 Council meeting.

(3) To elaborate on the above, it makes little sense for the City of Salem to include money to build the bridge in a future Streets & Bridges bond measure, then pay back some of that money via funds raised through the Reimbursement District. If this happened, money provided by all property tax payers in Salem would be reimbursed by assessments placed on several hundred lots in the south Salem area that are part of the Lone Oak Road Reimbursement District. Those lot owners would be justifiably irked by this.

(4) Their irritation would be justified for several reasons, one of them being that City staff said that the Lone Oak Road Reimbursement District is by far the largest district of that kind in Salem. In other words, and as already noted, lot owners who are far away from Lone Oak Road are being asked to pay for bridge/road improvements. The fact that the City of Salem would be the entity being reimbursed by those lot owners for bridge construction makes the Reimbursement District even more unfair.

Screen Shot 2018-03-27 at 9.04.57 PM

Another nail in the coffin of the Reimbursement District is the fact noted by City staff last night that two subdivisions planned for the area south of Sahalee Drive include about 120 lots (outlined in purple and orange above). The developers of these subdivisions (one 10 acres, the other 20 acres) are responsible for building the southern extension of Lone Oak Road to Rees Hill Road.

Bizarrely, last night City staff said that since the Reimbursement District assessment per lot would be about $10,000, the $1.2 million raised (120 times $10,000) just about equals the cost of building the southern extension of Lone Oak Road. So the City of Salem would collect $1.2 million from the developers, then reimburse the developers for the $1.2 million they'd just paid to the Reimbursement District.

Um, here's another idea: ditch the idea of the Reimbursement District and simply have the two developers build the southern extension of Lone Oak Road for $1.2 million, sharing the cost between them. 

Bottom line: the Lone Oak Road reimbursement district is a solution in search of a problem. Read my testimony below for why this is the case.

Statesman Journal reporter criticizes Salem Weekly for story his paper didn’t cover

I've got no problem with reporters dishing dirt on stories from another news outlet. But it sure seems that if they do this, their own coverage of the issue -- or in the case of the Statesman Journal, non-coverage -- becomes open to critiquing.  Yesterday Statesman Journal reporter Jonathan Bach tweeted about a follow-up story regarding the Creekside development and Lone Oak Road in our town's alternative paper, Salem Weekly. Gordon Friedman, who used to be a Statesman Journal reporter and now works for the Oregonian, chimed in with a comment on Bach's tweet, as did another person. Here's my…

What if Salem was like this…

Today I had an stimulating conversation about Salem, including political goings-on, with a person who had some appealingly fresh ideas about what needs to change in our city to make it a better place to live for everybody -- not just the already well-off. Our talk got me to thinking about what Salem would be like if... where what follows the "if" is an outcome unconstrained by what exists today, because that would pretty much guarantee more of the same. Here's a sampling of what my mind came up with.  What if Salem... -- Had a City Council that truly…

Salem Weekly delves into messy history of Creekside development

After I wrote an opinion piece for Salem Weekly, "Larry Tokarski leaves the public with a $7.5 million development bill," an attorney representing Tokarski, James Vick, sent a letter to me and the Salem Weekly publisher taking issue with the piece.In the current issue of Salem Weekly there's a story by Helen Caswell that delves into a couple of questions reflected in Vick's letter: (1) Is it correct to call Larry Tokarski the Creekside developer?(2) Was the City of Salem responsible for raising the cost of constructing a bridge over Jory Creek and an extension of Lone Oak Road? Regarding…

Streetscape open house shows need for downtown streets to lose lanes

Last night the City of Salem held a second open house on the Downtown Streetscape project. I came away enthused about emerging ideas for improving the downtown area, but in an advance post about the meeting the Breakfast on Bikes blogger encapsulated the Big Problem with this project: The second Open House for the Downtown Streetscape project starts tomorrow, Tuesday the 13th, at 5:30pm. The project team hasn't published any new materials, so there's not much to say yet - other than to continue to push the City for changes to carspace. Until we grapple with the disproportion and zoominess…

Salem City Council reconsiders making public pay for Lone Oak Road improvements

A citizen win! Last night the City Council voted unanimously to reconsider their decision to have the public pay for two extensions to Lone Oak Road in south Salem, rather than the developers who really should be footing the bill.  The impetus for the reconsideration was a letter from the South Gateway Neighborhood Association. Here's a screenshot of how it starts out. Download SGNA - Reconsideration of Lone Oak Reimbursement District There will be another public hearing on a Lone Oak Road Reimbursement District at the council's March 26 meeting, if I recall the date correctly.  This is a complex…

Larry Tokarski leaves the public with a $7.5 million development bill

It took me about two seconds to say "Yes" when the publisher of Salem Weekly, A.P. Walther, asked me via an email if I'd be interested in writing a story about the unbuilt section of Lone Oak Road that the City Council is asking the public to pay for, after the developer, Larry Tokarski, walked away from his obligation to make the road improvements. The front page story appeared in this week's issue of Salem Weekly. You can read it online. Here's a PDF file of the story as I sent it off to Walther. Download Salem Weekly Lone Oak…

City Council poised to make public pay for improvements, not Larry Tokarski

Tonight the Salem City Council is having a public hearing on forming a Lone Oak Road Reimbursement District in the Creekside area. Basically, as I understand it, a developer (Garrett and Alice Berndt) has requested that buyers and owners of lots in the area be saddled with a total of $7,347,000 in fees to pay for needed improvements to an extension of Lone Oak Road.  This is a complicated subject, and I don't pretend to be familiar with all of the details surrounding this issue, which has been festering for many years. Arguments have gone back and forth about who…

City of Salem Third Bridge conspiracy theorizing: “Something’s amiss here”

I agree with the Salem Breakfast on Bikes blogger who said Something's amiss here in a Tuesday post that is more interesting than the title portends, "At the MPO: Work Program and Rule-Making Updates for the TAC." Here's the juicy part of the post. The Technical Advisory Committee for our Metropolitan Planning Organization meets today, and there is no important action item.But the agenda does have a couple of other things to note.Work on the formal Work Program continues, and if there is any sign that the remand by LUBA on the land use matters had any real consequences, I'm still…

Here’s why Salem needs a genuine downtown association

Salem no longer has a downtown association. We need one. What happened at last night's City Council meeting is only one of many reasons why.  But before I explain what transpired at the meeting, a bit of relevant history about how downtown lost its downtown association is in order. I wrote about this in a couple of blog posts. My November 2013 post "Should Salem City Manager be known as Exalted Emperor Linda Norris?" explained how the existing downtown association, Salem Downtown Partnership, had its contract terminated by the City Council after Chuck Bennett (then a city councilor, now Mayor)…

Arta Potties SOS! Why isn’t Salem embracing public portable restrooms?

Rebecca Maitland Courtney is frustrated with her home town. She has a right to be. After coming up with the idea for Arta Potties, artistically-decorated portable toilets that serve both the homeless and ordinary people, she's finding that other cities are giving her a lot more love than Salem.  I just spent an enjoyable hour talking with Courtney. She's a caring, creative woman who can't understand why it is so difficult for people in Salem to come together and embrace a great idea: making restrooms a right for all in downtown, rather than a privilege for those who have the money…

Salem Climate Action Plan top priority at Strategic Plan open house

T0night the City of Salem asked people to express their top priorities for actions in the Strategic Plan that's under development.  I took these photos in the Broadway Commons meeting room at about 7:15, more than halfway through the 6-8 pm Strategic Plan Open House. The crowd was pretty thin at that point -- probably as many city staff and officials were in the room as concerned citizens.  So the top priorities might have shifted a bit over the next 45 minutes. But by the time I left, the #1 priority action was a Climate Action Plan. (Every person who…

“Illegal signs are trash.” Which is why they make Salem look trashy.

There was a lot of discussion about illegal temporary signs in the public right-of-way at last night's City Council meeting. Here's some great testimony by Kathleen Hill on changes to the City of Salem sign ordinance that go in the wrong direction when it comes to illegal signs. (See my previous post, "City Council needs to enforce ban against temporary signs in public right of way.") As Hill said, signs left on utility poles or stuck in the ground on the public right of way between sidewalk and street are indeed trash. And they make Salem look trashy, unappealing to…

City Council needs to enforce ban against temporary signs in public right of way

With all the problems in our country (and the world) right now, I understand why some people feel it is wrong to get upset about the many illegal signs littering the public right of way in Salem.  OK, I understand. But I heartily disagree that this isn't important. It is! Salem's quality of life -- along with our ability to project a positive image to visitors and people/businesses who might want to move here -- is diminished when illegal signs proliferate along our streets, making this town look like a perpetual garage sale. Lots of the signs are placed by…

Legal ruling deals the Third Bridge a huge setback

This is a great day for Salem. The billion dollar boondoggle known as the Salem River Crossing (or Third Bridge) got a big defeat in a ruling by the Land Use Board of Appeals. Congratulations to the eight petitioners and E.M. Easterly, who joined in their appeal. Also, kudos to Salem attorney John Gear who argued the appeal. I haven't read the ruling yet, as LUBA hasn't released it to the public. (The image above came from a No 3rd Bridge Facebook post.) UPDATE: I now have a copy of the ruling. A quick look-through shows that LUBA rejected most…