Saturday, March 29, 2008

being julia roberts



Pelican Brief (1993) Julia Roberts; Denzel Washington
Conspiracy Theory (1997) Mel Gibson; Julia Roberts
Erin Brockovich (2000)Julia Roberts

Being John Malkovich (1999) John Cusack; John Malkovich

comedy of cancer

Randy Pausch 3.29.08:

recent CA19-9 numbers:
2/29: 94
3/14: 103
3/21: 170
3/27: 216

If my tumors were a stock, they'd have a "buy" rating ;-)

Wednesday, March 26, 2008

dumbest chief in oregon



Greetings all. Our first contestant on dumbest chief in oregon is former mcminnville chief of police rod brown. Mr. Brown has created a lucrative post-chief career as a public safety consultant. He is the CEO and sole employee of Public Safety Liability Management, Inc., the consulting firm that was paid $25,000 to pretend that the $5 million the city of Eugene paid the victims of former EPD officers and convicted felons Roger Magana and Juan Lara in no way, shape or form implied any wrongdoing on the part of the upper echelons of Eugene Police Department, City of Eugene or Lane County District Attorney.

In a flyer for a seminar he offers, Mr. Brown writes:

A citizen’s feeling of security and comfort in their persons and property is one of the most fundamental responsibilities of a local government – to do that which the citizens can not individually do for themselves.
--
Even though he is overweight and seeminglyly way over-the-hill, he still has an amazing ability to string together words in a beautiful, meaningful way.

You go, Rod!

felons@epd


March 20, 2007 Two page letter and 32 page report (with 8 references) from Rod Brown, former chief of McMinnville PD and CEO (and sole employee) of Public Safety Liability Management, Inc. to former Eugene City Manager Dennis Taylor and EPD Chief Robert Lehner
Gentlemen,
The enclosed report is the culmination of an extensive review of the “human side” of the circumstances leading to the arrests of Roger Magana and Juan Lara for acts* committed during the time they were serving as police officers for the city of Eugene.
The focus of the review centered on seven statements posed by the City of Eugene and the Eugene Police Department…It is my opinion that the criminal and civil investigations into these matters were very extensive and left no doubt as to what occurred and the assignment of culpability…the totality of knowledge of these events has been openly placed before the public for scrutiny.
2 . RM and JL are solely responsible for their criminal acts. Although there may have been contributing system-related conditions, there is no evidence that any other city employee had actual knowledge of these offenses or engaged in similar behavior.
Brown: Partially Concur, Partially Disagree
7. There is no evidence of either criminal activity or serious administrative misconduct that would warrant or justify additional retrospective investigation and associated disciplinary action of any employee.
Brown: Concur


*: the “acts” include Magana’s 42 felony convictions for raping, sodomizing 13 women

March 26, 2007

The problem: Rod Brown’s answer to Question 7 conflicts with the answer given by by Federal Judge Thomas Coffin in the 33 page Order and Opinion written in response to the City of Eugene’s motion to dismiss some of the lawsuits.

Federal Judge Coffin wrote (p. 22): ”There is sufficient evidence for a jury to conclude that the Chief’s [Buchanan] response, or lack thereof, was deliberately indifferent to the constitutional rights of the women assaulted by Magana and Lara. ‘[D]eliberate indifference is a stringent standard of fault, requiring proof that a municipal [policymaker] disregarded a known or obvious consequence of his actions.’ Board of Commissioners of Bryan County, OK v. Brown, 520 U.S. 397, 410(1997).”

Did any other city employee have actual knowledge of Magana’s offenses?
Former Chief Buchanan and Cooke, former HR Director Towle and probably dozens of other city and county employees.
Did any other EPD officers engage in similar behavior?
Mel Thompson?

ducks vs. oregon

CI08-3
March 14, 2008
To: Kristen Taylor, Fairmount Neighborhood Association, 1648 East 23rd Avenue
From: Lisa A. Gardner, City of Eugene Planning Director
Subject: Code Interpretation regarding the University of Oregon’s proposed basketball arena use on C-2 zoned property (CI 08-3)

Dear Ms. Taylor:

On March 4, 2008 the City of Eugene received your request, on behalf of the Fairmount Neighborhood Association (FNA), for interpretation of the land use requirements that apply and use classification as it relates to the University of Oregon’s proposal for a new basketball arena on a C-2 zoned property.

[snip]

As the Planning Director understands the issue, the base zone for the proposed development is C-2 Community Commercial. If it is determined that the proposed use is an “Arena, Indoor” a Conditional Use Permit (CUP) would be required. If it is determined that the use is “University or College”, it is permitted outright and no CUP would be required in accordance with the C-2 zoning.

Findings and Conclusions

EC Table 9.2160 identifies uses that are permitted or subject to other land use approvals or development standards. The table lists “University or College” as a use under the general category of “Education, Cultural, Religious, Social and Fraternal” and lists “Arena, Indoors” as a use under the general category of “Entertainment and Recreation.”

The Planning Director has determined that the proposed University of Oregon basketball arena is a “University or College” use as opposed to an “Arena, Indoor” use. This determination is made for the reasons set out in the following evaluation.

To provide a meaningful interpretation of the “University of College” use, it must apply to a wide range of uses associated with a university or college campus. To find otherwise would be to limit the use category to only such uses that are both “University or College” and not otherwise listed on the use table. A university campus includes a large number of uses that could be separated out on the use table, including “Library,” “Museum,” “Dance Studio” and “Clinic.” The “University or College” use must capture all of these uses that are typical of a University or College. Otherwise there would be no need for the distinct “University or College” use category since most buildings operated by a university or college (e.g. administrative offices, museums, libraries, classrooms, and arenas0 could be listed separately, and in many cases are, on the use table.

This interpretation of the “University or College” use category is also supported by a comparison with the “Government Services” use category that permits all government service uses “not specifically listed” in the EC Table 9.2160. A “Government Service” use is limited in the manner that the interpretation asserts should be required for the “University or College” use – it is a use category that only applies if the specific use is not otherwise listed in the table. If the “University or College” use were to be limited in the same manner, the code should have provided similar language in the text of the table. Since the “University or College” use is not similarly limited, it would be improper to read into the “University or College” use a limitation that is not contained in the code but which is contained in the “Government Services” use on the same use table.

The Planning Director also considered if the proposed arena and attached facilities come within the “University or College” use as interpreted here. It appears clear that an arena such as that proposed by the University of Oregon is a customary part of a university campus setting. One only need look at the City’s three local campuses to find three basketball arena facilities of various sizes – the University of Oregon, Northwest Christian College, and Lane Community College. It also appears clear that this specific proposed arena project will serve the University and its students on a day to day basis. Universities and colleges often have an arena that not only serves students, but that also holds regular athletic events and non-sporting events. For instance, if a new state university campus was created anew today, it would be assumed that an arena would would be appropriately considered as part of the campus facilities. For these reasons, it is appropriate to find that the proposed University of Oregon basketball arena meets the “University or College” use category on the EC Table 9.2160.

This finding is all the more apparent given the alternative of identifying the use of the proposed arena facility as an “Arena, Indoor” use, which would not include the variety of functions that the proposed use will serve for the University of Oregon. Based on the available information, the University’s proposal appears to include the following uses as part of the arena facility: basketball court and seating, event space, underground practice courts, media facilities, food service facilities, University athletic department offices, student work spaces, locker rooms, sports training and medical treatment rooms, team equipment storage, a player lounge, a University Bookstore “Duck Shop” retail space open during general business hours, surface parking, and possible inclusion of underground parking. The arena facility itself will also be used for core university/student related activities, such as convocations, graduation ceremonies, guest lectures, and cultural forums and programs. This variety of uses is not captured by the “Arena, Indoor” use category.

[snip]

The “Arena, Indoor” use category does not fairly capture all the uses that the University proposes to conduct at the facility. The development at issue here will truly be a multi-use facility that is not accurately subsumed by the “Arena, Indoor” category. Further, the “University or College” use category is a use category with limited applicability, in that it only applies to such entities that could be classified as a university or college. The “Arena, Indoor” use does not fairly capture all the uses that the University proposes to conduct at the facility. The development at issue here will truly be a multi-use facility that is not accurately subsumed by the “Arena, Indoor” category. Further, the “University or College” use category is a use category with limited applicability, in that it only applies to such entities that could be classified as a university or college. The “Arena, Indoor” use category is not so limited and covers any such facility created by any entity or person.

[snip]

Next, the fact that the East Campus overlay zone specifically prohibits “Arena” uses does not contradict the interpretation decision issued here (see EC 9.4215).
1. The refinement plan and establishment of the EC overlay zone is confined to its boundaries. The University’s proposed arena at issue here is outside those boundaries. Thus, the EC overlay has no direct application here.
2. The EC overlay lists specific uses that may be developed by the University and identifies these specific uses are “prohibited” within the EC overlay. These specific uses are a subset of possible “University or College” uses that would otherwise be permitted in the base zone. In order to allow some “University or College” uses in the EC overlay, but prohibit others, the EC overlay prohibition list would necessarily need to set out specific building and development types as prohibited that otherwise would fit within the “University or College” use category of the base zone. Reference to the EC overlay zone does not contradict the interpretation offered here.

Additionally, the City finds that the LUBA opinion cited in the interpretation request does not provide any compelling or relevant guidance in this instance.

[snip]

A case with more similarities for the issues at hand is Schwerdt v. Corvallis, 163 Or App 211 (1999). Corvallis determined that certain use types could fit within the University Services use category despite the fact that they were also specifically listed in other use categories. Unlike here, Corvallis had the benefit of its code, which defined university services to include such services that are customarily associated with a major university. Although Eugene’s code does not define the “University” use category, it is reasonable to interpret the category as including such uses that are customary for universities and colleges. As stated above, sports complexes and multi-use arenas are certainly customary for universities and colleges.

[snip]

Despite the arguments to the contrary in the interpretation request, the Planning Director finds that the interpretation announced here is a reasonable and correct application of the text and context of the code provisions at issue. Given the City’s understanding of the proposed arena facility as described herein, the proposed University of Oregon basketball arena facility is properly within the “University or College” use category of EC Table 9.2160.

According to EC 9.0040, appeals of a Planning Director land use code interpretation shall be heard by a Hearings Official in the manner set out in EC 9.7600-9.7635. This interpretation may be appealed within 12 days of the date the interpretation was mailed and shall be submitted on a form approved by the City Manager.

self-composting buddhists

From: Deborah Frisch
Sent: Wednesday, March 19, 2008 9:54 AM
To: NICHOLAS Rachelle D
Subject: 8.16.07 memo (4.4.07 entry)

Rachelle,

My understanding is that you are the appropriate contact person to discuss my concerns about the controversy regarding 356 Horn Lane. I would like to call your attention to the August 16, 2007 letter from Mike McKerrow, especially the section describing the 4/4/07 meeting with Stuart Ramsing as a cost-effective starting point.

Deb

----- Original Message -----
From: NICHOLAS Rachelle D
To: Deborah Frisch
Sent: Thursday, March 20, 2008 8:16 AM
Subject: RE: 8.16.07 memo (4.4.07 entry)


I am familiar with the letter, do you have a question?

From: Deborah Frisch
To: NICHOLAS Rachelle D
Cc: lisa.a.gardner@ci.eugene.or.us ; jeannine.PARISI@ci.eugene.or.us ; heather.m.odonnell@ci.eugene.or.us ; mike.j.mckerrow@ci.eugene.or.us ; bswank@lcog.org ; cdoll@lcog.org ; alsup@4j.lane.edu ; alan.zelenka@ci.eugene.or.us ; bonny.s.bettman@ci.eugene.or.us ; Kitty.Piercy@ci.eugene.or.us ; George.A.Poling@ci.eugene.or.us ; solomon ; pryor ; Andrea.F.Ortiz@ci.eugene.or.us ; mike.clark@ci.eugene.or.us ; betty.l.taylor@ci.eugene.or.us
Sent: Friday, March 21, 2008 9:53 AM
Subject: Re: 8.16.07 memo (4.4.07 entry)


Question 1: The magnitude and frequency of the "typos" in the August 16, 2007 letter from Land Use Supervisor Mike McKerrow on behalf of the City of Eugene's Planning and Development Department, Building & Permit Services Division to the owners of 356 Horn Lane (Ron Logan and Michele Renee) are off the chart. I have never seen a document with typos like "usesIn" and "Mike McKerstaff row" and "Oon June 25th a, 2007" et cetera ad nauseum. Your response to me seems to imply that the bizarre and grotesque syntactical and grammatical typos are "no big deal." Am I correct in assuming that you consider the magnitude and frequency of the typos in Land Use Management Supervisor McKerrow's 8/16/07 letter to Logan&Renee re: 356 Horn Lane to be no big deal?

Question 2: The recurring theme in this correspondence is that the city's concerns vis-a-vis land use are more serious than its concerns vis-a-vis waste management. That is, the battle is about the use of the land to host meditation and yoga classes, not about the thousands of visitors using the self-composting toilets and not-up-to-code staircase. City of Eugene Land Use Supervisor Mike McKerrorwas was quoted in the March 15, 2007 Eugene Weekly as saying "They've had about 7,000 visitors over the past four years. That kind of exceeds the home occupation standard."

As a resident of the southern Willamette Valley ecosystem, the violations of the plumbing, building and home occupation codes seem much more serious than the violations of the zoning laws. Also, the potential liability to the city of Eugene from allowing the residence to be used as a hostel/hotel when the stairs and other critical infrastructure aren't up to code seems rather steep. Could you explain why the City is more concerned about the possibly unlawful meditation than the definitely unlawful defecation occurring at 356 Horn Lane?

----- Original Message -----

From: NICHOLAS Rachelle D
To: Deborah Frisch
Sent: Tuesday, March 25, 2008 2:30 PM
Subject: RE: city of eugene vs. self-composting buddhists

Deborah,
Thank you for your concerns regarding 356 Horn Lane. As you know there is a pending land use decision that went to appeal regarding the long term use of the property. The continued use of the property will depend on the upcoming decision from the hearings officer. At this time the property has not been approved for a hostel or any other commercial use.

In response to the concern regarding the composting toilets, they are being addressed through the permit process. Again, commercial use has not been permitted at this site. The owner of the property will be required to get building permits for all work done without the benefit of a permit including the building currently housing the composting toilets.

If you have additional concerns or questions I would appreciate you contacting me directly.

Sincerely,

Rachelle Nicholas

Code Enforcement Supervisor

From: Deborah Frisch
Sent: Tuesday, March 25, 2008 3:16 PM
To: NICHOLAS Rachelle D
Subject: Re: city of eugene vs. self-composting buddhists

Rachelle,

Thanks for your reply. You are saying that the permits/inspections regarding the septic system and sub-standard stairways and super high occupancy issues are pending?

Sincerely,

Deborah

From: NICHOLAS Rachelle D
To: Deborah Frisch
Sent: Tuesday, March 25, 2008 3:25 PM
Subject: RE: city of eugene vs. self-composting buddhists

Yes, they are pending a land use decision to determine long term use of the property.

Rachelle

From: Deborah Frisch [mailto:dfrisch@pobox.com]
Sent: Tuesday, March 25, 2008 4:13 PM
To: NICHOLAS Rachelle D
Subject: Re: city of eugene vs. self-composting buddhists


so in terms of priorities, the city is first working on the zoning issues and then later will deal with the violations of building and plumbing code.

From: NICHOLAS Rachelle D
To: Deborah Frisch
Sent: Wednesday, March 26, 2008 7:41 AM
Subject: RE: city of eugene vs. self-composting buddhists


Depending on the outcome of the pending land use decision the owner may choose to change the long term use to a commercial site which would dictate a change from residential state building code requirements to commercial requirements. Therefore there are some outstanding issues that have not been addressed mainly the composting/bath house. The use of the building is being limited to residential use at this time.

Rachelle

From: Deborah Frisch
Sent: Wednesday, March 26, 2008 8:03 AM
To: NICHOLAS Rachelle D
Subject: Re: city of eugene vs. self-composting buddhists

The property is zoned R-1/UL or low-density residential. Are you saying that the code allows self-composting toilets on properties that are residential but does not allow self-composting toilets on commercial sites and that's why the city has deferred action on the self-composting toilets for almost two years?

----- Original Message -----
From: NICHOLAS Rachelle D
To: Deborah Frisch
Sent: Wednesday, March 26, 2008 8:05 AM
Subject: RE: city of eugene vs. self-composting buddhists

I am not suggesting either, I am only sharing that if the end result is allowance of a commercial building it would trigger other requirements such as ADA that would not be required for residential use.
Rachelle

henny youngman of decision science

From August, 2001 through June, 2003 I co-directed the Decision, Risk and Management Sciences (DRMS) Program in the Social and Economic Sciences (SES) Division of the Social, Behavioral and Economic Sciences (SBE) Directorate at the National Science Foundation (NSF).

Even though the other DRMS Program Officer (PO) Bob O'Connor and I doled out over $10 million in pork for profs, I am increasingly the Henny Youngman of the Society for Judgment and Decision Making (SJDM) list. Although I asked the list manager Alan Schwartz in September, 2007 not to let Kirk Hays, Paul F. Lewis and other christian cyberstalkers harass me on the professional listserv, he did not honor the request until February, 2008.

Dr. Schwartz and Dr. Jon Baron, my dissertation advisor at the university of pennsylvania (not the Whoreton School, just Arts and Sciences) recently deemed that they would be the gatekeepers of the list.

Yesterday, they refused to publish my response to this conference announcement:

"We (Bernhard Leidner, Patricia Slawuta, Drs. Emanuele Castano and Jeremy Ginges)
are organizing the Psychology and Social Justice (PASJ) Conference 2008, to be held on April 19th, 2008, at the New School for Social Research in New York City. PASJ is an annual national research-oriented gathering of faculty and graduate students whose work focuses on social justice. The conference will feature a keynote address by Russell Hardin (New York University, Political Science) and invited talks by distinguished scholars including John Darley (Princeton, Psychology), Scott Atran (University of Michigan, Anthropology),and Tom Tyler (New York University, Psychology). We invite submissions addressing a wide range of issues in social justice research including (but not limited to) prejudice and stereotyping, legal and governmental procedures and outcomes, low status and minority group membership, and
economic and social inequity."

Thank you for inviting four white males to talk about "economic and social inequity" a hop, skip and a jump from ground zero. It sounds like a blast.

Tuesday, March 25, 2008

m*ron rothbart's letter in today's inbredgister guard

Everyone should look at speech

I encourage everyone to read, or listen to, Sen. Barack Obama’s speech on race in its entirety, and not settle for the 20-second sound bites provided by the media. The speech is personal, heartfelt, eloquent, without rancor, and healing in tone and purpose.

There is also more to the speech than race. A second major theme is the conduct of our political discourse. We spend a great deal of time on distracting and divisive issues that increase our collective blood pressure, but which fail to solve real problems in peoples’ lives — health care, education and the economy. Americans expect very little from their government, and they are rarely disappointed. It does not have to be this way if only we can recognize the distractions for what they are.

Myron Rothbart

Eugene

For more on m*ron rothbart, see here

for even mor[e_]on m*ron "i sure would love to hump bill harbaugh's wife" rothbart, see here

gotcha politics


American politics has generated to a sport devoid of debates about ideas or disputes about the nature of reality. It's all about gotcha. Obama's preacher was caught on tape saying things that lots of Americans believe but that are taboo to say in polite company. Bad Obama. New York Governor Eliot Spitzer is forced to resign after the New York Times outs him for the crime of trading cash for services from a consenting adult. There are threats of criminal charges, based on a convoluted application of a century-old, never used law aptly named the Mann Act.

Now it's getting nasty. The Wayne County, MI district attorney Kym Worthy is charging Detroit mayor Kwame Kilpatrick with perjury for lying about an affair with his former chief of staff, Christine Beatty.

Monday, March 24, 2008

the other subprime

Foreclosures have always been present in the top end of the market, but what best accounts for the increase are negative equity situations. For homes around the million-dollar mark, especially those derided as McMansions, it's a case of the home no longer matching the value of the loan. Many of the million dollar-plus homes listed as foreclosures and REOs were built in the last five years and are now worth significantly less than the inflated prices the owners originally paid. But it's not necessarily that buyers didn't put down enough money or had a piggyback loan; the owners may have owed more on the house than it was worth, sinking them into a negative equity situation.

911.101

1.16 version of Barbra Streisand's Stoney End

query from canada

What kind of socio-pathetic milieu would seek to inspire jingoistic patriotism in statements about military personnel "defending the Homeland" while wilfully exposing them to the toxic by-products of radiation poisoning?
-----
the canuck's got a jolly good point, mates.

original bat-cast



Batman: Adam West
Robin: Burt Ward
Joker: Cesar Romero
Riddler: Frank Gorshin
Catwoman: Lee Meriwether
Penguin: Burgess Meredith

pg-rated police-related



riddle: What do you call a stoned Glock?

laMe county circuit court

Judge Mary Ann Bearden, Presiding Judge (541) 682-4240
Judge Jack Billings (541) 682-4250
Judge Charles D. Carlson (541) 682-4257
Judge Cynthia Carlson (541) 682-4218
Judge Ted Carp (541) 682-4497
Judge Gregory Foote (541) 682-4427
Judge Eveleen Henry (541) 682-4300
Judge Lauren Holland (541) 682-4415
Judge Mustafa Kasubhai (541) 682-4256
Judge Kip Leonard (541) 682-4753
Judge Maurice Merten (541) 682-4258
Judge Douglas S. Mitchell(541) 682-3601
Judge Karsten H. Rasmussen(541) 682-4253
Judge Debra K. Vogt(541) 682-4027
Judge Charles M. Zennaché (541) 682-4259

black&white trash



These two dogs often roam my neighborhood. Today, they accosted Jeb and me on our way home from a walk where we retrieved a half dozen 7-11 cups, plastic bottles and other trash from the street.

Sunday, March 23, 2008

teh jeb



snodawg

Friday, March 21, 2008

olive

utube

Simon and Garfunkel
Billy Joel
Carole King
Don McLean
Don McLean
whiter shade of pale cover by annie lennox
whiter shade of pale original (procul harum) [big chill soundtrack]

laMe county law enfArcement

Lane County Coalition to Prevent Substance Abuse (6.6.07): Anne Kraft-Oregon Research Institute, Don Hampton-Oakridge Westfir Together, Jennifer Bucholtz-Center for Family Development, Lois Harvick-Mothers Against Drunk Driving, Melanie Steed-Hildebrand, Rose Wilde-Department Human Services, Sharla Gilliam-Charter Network School, Toni Fudge-Whitebird and Lane Community College Guests: Joe Kosewic, Dan Dubach, Diane
McCurdy, Dave Miller, Nick Crozier, Janice Gotchall, Kat Swanson Chair: Martin Klos, MD, Staff: Brinda Narayan-Wold, CA Baskerville, and Damien Sands all from Lane County H&HS

f- in standup comedy 101


in august, 2002, i was living in falls church, virginia, just about halfway between the east falls church and west falls church stops on the metro's orange line, a hop skip and a jump from the ballston stop, where the national science foundation is conveniently located.

one day, i lost my SUV in Tysons Corner, VA.

i lost my stand up virginity at the wiseacre's comedy club.

it's tough to be a standup comic, even in places like war$hington, deecee that has a very vibrant scene.

for the last year, i skip the conventional scene, run by petty thugs like Mike Diesel and Leigh Ann Jasheway. I perform at the Will Rogers/Edward Abbey comedy club. WR once said "I don't write jokes. I just watch the guvvammint and report what I see."

Yesterday, I had a great gig and I blew it by violating one of the basic rules - know your audience.

I made fun of former Eugene Police Chief Thad Buchanan at the Lane County Public Safety Coordinating Council.

Oops. [Minutes of inaugural meeting of LCPSCC on 12.12.01]

Thursday, March 20, 2008

harbaugh scooped!

The Bible counsels misers that it's better to give than to receive. Science agrees. People who made gifts to others or to charities reported they were happier than folks who didn't share, according to a report in Friday's issue of the journal Science.

free tibet

it is long past time for self-respecting democracies to boycott the 2008 olympics.

green, *ex and sam

I am Sam
I am Sam
Sam I am

That Sam-I-am!
Than Sam-I-am!
I do not like
that Sam-I-am!

Do you like green, *ex and sam?

I do not like them,
ma'am-I-am.
I do not like
green *ex and sam!

Would you like them
here or there?

I would not like them
here or there.
I would not like them
anywhere.
I do not like
green, *ex and sam.
I do not like them,
ma'am-I-am.

decision science 911

Salisbury shooting (11.14.06)
Extending 4.190(4) [Autzen] (9.24.07)
SB111 implementation
Lara/Magana aftermath (RL’s 3.28.07 commentary in R-G)
Swanson vs. Beamud (2.4.08)
EPD loses its TV (3.8.08)

Wednesday, March 19, 2008

foggy trip

There's an old borscht belt joke about simultaneously kvetching about the poor quality of the food and the paucity of the portion. I was reminded of it by this NSF solicitation.

NSF has issued a new solicitation for research on Communicating Hurricane Information. The solicitation will fund projects that advance fundamental understanding of the communication of warnings, with hurricanes as the testbed for the research.

Gripe 1: If you want to learn something general about "the communication of warnings" you should have at least two "testbeds", carefully chosen to vary on the most important attribute that defines the category. Warnings refers to warnings of impending catastrophes like natural (hurricanes, earthquakes, fires) and unnatural (explosion, power failure, aerosal contaminant) disasters. Projects that compare one natural and one unnatural disaster warning system would be more cost-effective than projects on one. There's increasing marginal utility of data when n increases from 1 to 2.

Gripe 2: If you're silly enough to limit it to one case, it's tough to justify hurricane. That's atypical in the sense that you have pretty accurate advance warning, but there are lots of logistical issues such as motivating action and facilitating egress in regions where there is often a lack of redundancy of roads due to the presence of inconveniently located bodies of water.

In fact, you probably couldn't pick a more atypical disaster testbed in which to study the communication of warnings than hurricanes.

like a hurricane
lyrics

chivalrous tumors

Randy Pausch (3.19.08):

Well, except for the day to go to Congress, I've now been resting at home for more than a week. Spending almost all day in bed is hardly my normal state, but the exhaustion is very real.

I've learned a lot about diuretics: drugs that force water out of the body. Part of why my organs (heart/kidney) failed is that fluid built up in my body. With aggressive diuretics, we've forced 20 pounds out of my body in the last 12 days. Wow. I feel like a crushed grape!

The doctors are very optomistic my heart will return to something like 80-90% of its original capacity (which is fine; I went into this with great heart function). The biggest question is whether my kidneys will recover and start working on their own. We just stopped the diuretics, to see if my kidneys will "kick in" on their own. It will take probably 2 weeks to know for sure. For those of you scoring the game at home, my creatanine level peaked at 3.9, but is down to 3.4 - my nephrologist (who is awesome), says that is a very encouraging sign.

So I rest, and I rest, and I rest. The really good news is that - at least based on blood markers - the tumors are being very chivalrous and not taking advantage of this opportunity to run wild, before I'm strong enough to fight back. My CA19-9 was 103 last Friday, which is only up a tiny bit from my last round of chemo.

buddhashi*

tao of poo: take 2

city of eugene vs. self-composting buddhists
both sides are full of *it

Exhibit A (8.02.06, Rachelle Nicholas, City of Eugene Code Enforcement Supervisor)

City of Eugene Site Enforcement System Case # 06-00909
Site Address: 356 Horn Lane/Owners: Ronald Logan and Michele Renee
Staff Contact: Rachelle Nicholas
7/27/06 Complaint “an addition and/or outbuilding being constructed in backyard.
8/2/06 Site visit with RN. Homeowner not available; left business card and request that he contact me. Observed a secondary building under construction on the west side of the SFD. Also, a very large building has been built toward the center of the parcel, and a third out-building exists along the west fenceline (along Hodson).
8/2/06 FORWARD BUSINESS INFORMATION TO LUI: Matt,
We had a complaint of work without a permit and mention of high foot traffic. There has been a lot of work done with no permits which obviously we will deal with, but when I was out there yesterday the daughter and a “visitor” indicated that the owner was in the middle of a class or retreat which is held there on the property in their beautiful “shop”, which if you look on the main house there is a sign that says, “Dharmalaya” with an arrow pointing to the back of the property. Dharmalaya has a website and the link is below for your viewing and more than enough proof that this is a business. There were at least ten cars parked there at the time of my visit and a class in session. This shop is at least 1600 square feet and there [sic] rent it out for events and hold classes weekly. In the meantime they have added on to include two more buildings, not sure what there [sic] use is at this time, but they too are beautifully done. There are pictures of the “shop” on their website and you can see how nicely their “shop” was designed. There is an old Site Track record that indicates that at the time of visit inspectors were unable to verify that the “shop” was being used for business, which was some time ago, so I think it may be time to open this one up again. There is definitely a neighborhood impact and the website even discusses “creative” parking solutions for the events due to the “shop” being able to accommodate 60 people. We took a few pictures through the fence, but as far as what you need I think you will find it all on their website.

Exhibit B (8.18.06 Mark Tritt, City of Eugene Code Enforcement Inspector)

ORDER TO CORRECT to Ron and Michele Logan

During a recent site visit, staff noted the following work without permits: an attached (2nd kitchen) addition to the back of the house; exterior stairs to the 2nd floor and conversion of attic space to living space; construction of an accessory building with plumbing and electrical work; and, installation of a sink in the permitted studio. This work is a violation of Eugene Code section 8.005(10) requiring that permits be obtained before any regulated construction work is commenced. Also, it was observed that the storage loft of the permitted studio was being used for sleeping, which is not allowed for uses other than storage.

Continued violation of the Eugene Code may result in additional enforcement action taken against you, including possible civil penalties. To avoid civil penalties, you must take the following correctiv e action by August 29, 2006:
Apply for building permit(s) for all work, or return the site to its original condition (a demolition permit is required).
Cease use of the storage loft in the studio for sleeping, or obtain a change of use permit for that space
Obtain required inspections.

This structure will remain in violation until permits are issued and all required inspections are completed and approved.

Exhibit C: (8.16.07 Mike McKerrow, City of Eugene Land Use Management Supervisor)
letter to Logan and Renne provides timeline [note: all typos have been reproduced.]
8/2/06: Randy Sangder, code enforcement inspector and Rachelle Nicholas, code enforcement supervisor visited the site.
8/14/06: CEI Sangder and CES Nicholas returned with land use inspector Janis McDonald for “a more extensive site inspection.” Staff learned that since the owners purchased the property, the location had evolved into a “sustainable living site.” Trainings, events, yoga and meditation occurred in the straw bale building. Guests attending events occasionally slept in the event building and in the upstairs of the house, or camped outside. Composting toilets had been constructed without benefit of a building permit.
9/?/06: Lane Use Management staff requests “property owners to document their long range vision for the property in a detailed letter.”
10/6/06: owners write a detailed letter explaining the types of uses they desired at the property.
10/23/06: “Staff started in a letter dated Janis McDonald sent a letter to the owners on October 23, 2006, that stating that the proposed use was unique and not specifically listed in the code. The proposed use would be allowed if an approved conditional use permit was obtained.”
11/6/06: Owners write letter stating his intent to apply for a conditional use permit.
12/10/06: Building permit for a new kitchen, upstairs conversion and new stairs was submitted (Permit #06-06354-01).
3/16/07: Ron Logan, Eben Fodor met with Micke McKerrow, land use management supervisor, Shawna Adams, planner, Steve McGuire, plan review supervisor, Michelle Wilcox, engineering permit technician, Janis McDonald and Rachelle Nicholasvarioius staff at a limited consultation meeting at the City to review information prior to applying for a conditional use permit. Detailed information was provided, including information on annexation, the conditional use permit process, building permit requirements, system development charges and parking.
4/4/07 Stuart Ramsing, building official, Rachelle Nicholas and Mick McKerstaff row mmet with Ron Logan to further discuss building permit and land use compliance. 4/11/07: Rachelle Nicholas, Mike McKerrow and Mark Whitmill, building code analyst, staff visited the subject property with Ron Logan to further discuss building permit and land use compliance.
4/16/07: Ron Logan sent an e-mail to Mike McKerrowstaff stating that he decided would not to pursue a conditional use permit at this time. He wished to meet with staff to discuss discontinuing the current uses.
4/18/07: Stuart Ramsing, Rachelle Nicholas and Mike McKerrow met with Ron Logan to discuss a phase out plan for events and activities at the site.
5/4/07: Staff sent a letter Mike McKerrow sent a letter to the owners stating that establishing June 25th as the deadline for full compliance with all land use standards. A detailed list of previously planned events was listed as being allowed to occur as long as the premises were modified to be safe for participants. Oon June 25tha, 2007, all activities which would require a conditional use permit were to cease. All uses allowed as outright permitted uses could continue. Building code enforcement staff continued to be in contact with the owners regarding outstanding building permit issues during the following months.
7/23/07 Request for interpretation and waiver was received by the City of Eugene.

Exhibit D (10.23.07 Mike McKerrow, Land Use Management Supervisor)
letter to Renee and Logan

Please note that our recent correspondence has not addressed any building permit violations or building code issues that may currently exist on the property. I understand that there may be ongoing unresolved building code issues related to structures on the property and any building code violations are not resolved here.

Exhibit E (11.30.07 Lisa Gardner, City of Eugene Planning Director)
letter to Renee and Logan

Because you are appealing a decision issued on August 16, your November 14 appeal request is untimely and an appeal hearing will not be scheduled. Even if there was any question or ambiguity as to the City’s August 16 letter, there was ample time to clear up the ambiguity and any possible question as to the letter’s status was answered at the very latest in the City’s October 12 letter. Based on the 12 day appeal period established by the code (Urbanizable Land Code 9.0040 and 9.7605(1)), as a matter of fairness and equity, and consistent administrative processes, the City is not able to extend this appeal period. Staff will send a refund check of your $250.00 appeal fee to you in a separate mailing shortly. If you have any questions about this issue please contact Mike McKerrow at 682-5251.

Exhibit F (12.21.07 Lisa Gardner, City of Eugene Planning Director)
letter to Renee and Logan

The City issued its appealable decision on August 16. Based on the 12 day appeal period established by the code (Urbanizable Land Code 9.0040 and 9.7605(1)), your appeal requests are untimelyl and the City cannot schedule an appeal hearing on this matter.
Susan Muir, Planning and Development Director, received your December 13 letter and discussed this issue with Mike McKerrow. There is nothing more the City can provide on this matter.
Enclosed is your check submitted on December 12. Staff will send a refund check of your $250.00 appeal fee submimtted on November 14 to you in January, 2008. If you have any questions about this issue please contact Mike McKerrow at 682-5251.

query to decision scientists

What is the best strategy against an opponent who is in the domain of losses
and thus is risk-seeking and thus acts as if it does not experience
diminishing marginal experience utility?

Tuesday, March 18, 2008

dan "lame" b[r]ain



Yikes. I thought LaMe County had dingbats for district attorneys and anchor "men."
But Douglass County is even worse that F. Douglass Harcleroad!

civvies diss chief!

For the first time since it began reviewing closed police complaint investigations earlier this year, the EugeneCivilian Review Board disagreed with the findings of the police chief and police auditor.

In a 4-1 vote Monday, the board determined that a police sergeant used excessive force last year when he used a pain-compliance hold on a 61-year-old woman who had refused to leave her home during a search.

Police Chief Robert Lehner had earlier decided that the force was reasonable under the circumstances. Police Auditor Cris Beamud felt there was not enough evidence to decide either way.

The board also reviewed a second complaint that officers had used a ruse to get a home­owner to consent to a search of her home. The board agreed with the chief’s ruling that the allegation was unfounded, but members had some concerns — that investigators at times ask leading questions, that some witnesses are never interviewed and that some interviews are recorded while others are not.

Police Lt. Carolyn McDermed said those issues also will be forwarded to the chief and to internal affairs investigators for consideration.
----
Wow. I bet the woman who was brutalized by one of Chief Lehner's thugs is feeling pretty good today knowing that chief thinking mon is going to consider the issue!

ducks: 2; eugene: 0

Eugene city planners have re­affirmed their initial finding that the University of Oregon does not need a conditional use permit to build its proposed basketball arena.

Under that zoning, a conditional use permit is required for an indoor arena that falls in the recreation and entertainment category. No such permit is required if the arena falls under the university and colleges category.

Gardner said a university arena is used for many things that don’t fall in the entertainment and recreation category, such as graduation ceremonies, convocations, guest lectures and cultural programs.

Adding to those university sports, practices, medical treatment, equipment storage, athletic department offices, media services and others puts the arena squarely in the university use category, she said.

“The (indoor arena) use category does not fairly capture all the uses that the university proposes to conduct at the facility,” Gardner wrote.

disney daddy



September 4, 2007
I'm sorry it took me so long to post this: I've obviously been a little busy. Shortly after my terminal diagnosis, I knew that one of my biggest priorities was to create memories for my children.

Chloe and Logan are both so young that it's likely they'll have no direct memories of me. Dylan is the oldest, and at 5 (turns 6 in December), his memories are likely to be fuzzy. Hence the engineering question: What would make for the sharpest, most visceral memory, esp. for a kid who loves animals? Answer: go for a Dolphin Swim!'

Dylan and I spent a glorious 4 day, 3 night "Daddy and Dylan" vacation in Orlando, where we visited the Magic Kingdom and swam with Dolphins at Discovery Cove (both places were absolutely incredible to us, providing admission, special opportunities, and most importantly, photographers to help provide images that will reinforce the memories. I have an incredible number of photos, but here are a few that I hope Dylan will cherish after I'm gone....

ouch, pausch



3.13.08 I was discharged from the hospital on Monday afternoon. Great thanks to my personal angel, MR Kelsey, who came down from Pittsburgh to be with me. MR, you are awesome.

I'm feeling MUCH better since the tap (they pulled out 1.4 liters of fluid from my right lung). There's a similar amount of fluid in my left lung, but we'll try to suck that out with duiretics, rather than do another tap, which has small, but real, risks.

After consulting with my doctors, I got permission to travel today to Washington, DC, to testify before congress about the need for more funding for pancreatic cancer research. I think it went pretty well; the staffers tell me that when the congresspeople put down their blackberries and listen, it's a very good sign, and that certainly happened.

Oh, and in the "never a dull moment" category, we had a pretty serious car accident on the drive up, but everybody was okay. How ironic it would have been to go that way!

Great thanks to Julie Fleshman and everybody else at PanCAN (www.pancan.org) who did all the work to make my testimony possible. Great thanks also to Jack Sheriff, my long-term best friend, who was able to come and provide support; I'm still a little wobbly from the heart/kidney issues, but with everybody's help, I got through it, and I'm hoping to continue to heal up over the next few weeks.

199.172.169

this is today's IP address of a regular visitor from bloomberg financial markets in NY.

my very own little eichmann.

sweet.

bonjour, maison



O dear little cabin, I've loved you so long,
And now I must bid you good-bye!
I've filled you with laughter, I've thrilled you with song
And sometimes I've wished I could cry.
Your walls they have witnessed a weariful fight,
And rung to a won Waterloo:
But oh, in my triumph I'm dreary to-night --
Good-bye, little cabin to you!

O dear little cabin, I've missed you so much,
And now I can bid you hello!
You fill me with laughter, I thrill at your touch
And sometimes I've wished you could grow.
Your windows are dripping with almost spring rain
It feels like it just might could snow
And oh, in my triumph I'm cheery to-night --
Hello, little cabin to you!

Thursday, March 13, 2008

hudunnit?

The murder of Lindi Riley in Sutherlin, OR on Monday morning and the arrest of her son Gabriel for arson, murder and attempted murder have been reported in a wide variety of media.

However, the weight of evidence implicates her husband Craig as the culprit, not Gabriel. Craig did not inform the first responders from the Douglas County Sheriff's Office, Sutherlin Police Department, Sutherlin Fire Department or Oregon State Police who responded. It's a good bet Lindi was alive when this picture was taken. Unfortunately, when the first responders repeatedly asked Craig Riley whether anyone else was in the house, he repeatedly said no.

Craig first told law enforcement that a man in a white pickup was the intruder. Later, he said it was his son.

Gabriel Riley is fighting extradition from Palm Springs, CA. Smart guy.

Wednesday, March 12, 2008

scene of the crime



Lindsey Kovacevich (KVAL, 3.10.08): Sheriff's deputies were looking for someone who fled the house in a white pickup truck.

the alleged perp



Gabriel Riley

the warrant from Douglas County Assistant D.A. Richard L. Wesenberg, Jr. OSB#92155
approved by Douglas County Circuit Court Judge R
andolph Lee Garrison

hillary/eliot 2008



Today was a rough day for former New York Governor Spitzer and his family. Not as tough as 8.13.04 was for former New Jersey Governor Jim McGreevy, but still, not a good day.

Maybe Mr. Spitzer will go back to doing what he did so well - taking legal action against the little Eichmanns on Wall Street. Or maybe he'll apply his special brand of genius at the Federal level, not just New York state.

Either way, this seeming victory for the uncle scammers in *ew York, *ew York and war$hington, dizzy is illusory and quite temporary.

slaughter in sutherlin: chapter 2

Rebecca Taylor (3.12.08) Court documents made available Tuesday shed more light on the events that led up to Lindi Riley’s death.

Craig Riley called 911 at 6:20 a.m. and said an intruder had cut his neck with a knife as he slept. He told dispatchers he heard a smoke alarm sounding and smelled smoke in the house.

A Sutherlin police officer and a state police trooper saw three separate fires as they approached the Riley home that morning — one in the carport and two in the yard about 10 feet from the house. Thick black smoke was coming from the windows and roof from another fire burning inside, and a trail of blood led from the carport to the front door. Blood was also smeared on the door knob.

The officers opened the front door and shouted inside. “I’m in the kitchen,” a man responded. The officers followed blood drops from the door to the kitchen, where they found Craig Riley on the floor holding a bloody towel to his neck.

They helped Riley out of the house and called for paramedics. Riley identified his son as the attacker and said no one else was inside the house, according to Douglas County Circuit Court filings.

The officers asked again whether anyone else was inside, and Riley said no, the documents say.

A Douglas County sheriff’s deputy said he saw scratches on Craig Riley’s face and burns to both of his legs. Riley repeatedly said his son Gabe was responsible for his injuries.

Later, as Riley was being loaded into an ambulance, an officer heard him say there was indeed someone else inside the house, the documents say.

By that time, the smoke and flames had grown too violent for police to safely re-enter the burning house, which was now fully engulfed, according to the filings. The officers looked through the windows and saw nothing but smoke and soot.

When a paramedic said he thought he heard a woman screaming in the house, the officers tried again to go back inside.

But when they opened the front door and heard a cat meow, they backed away, apparently assuming the paramedic had heard the animal’s cries.

It was several hours later, after the fire was out and the embers had cooled, that a sheriff’s detective found the remains believed to belong to Lindi Riley in a bedroom.

Authorities searched the property and found a plastic bottle of charcoal starter fluid with the cap removed in the carport, near a large pool of blood.

They also found leather boots and a pair of pants that looked badly burned, along with a blood-soaked T-shirt and sweatshirt.

The clothing looked too small to fit Craig Riley, court papers say. It appeared to be that of a younger man.

Police immediately began looking for Gabriel Riley, who lives in Palm Springs with his wife and daughter. They issued a warrant for his arrest and notified police nationwide.

slaughter in sutherlin

Rebecca Taylor (3.11.08): A much-admired middle school counselor was killed and her husband severely injured Monday in an attack at their Sutherlin home, and their son has been arrested in connection with the crime, authorities said.

Lindi Ann Riley, 57, was found dead inside her home about 6:20 a.m. Her husband, Craig Allen Riley, 56, was being treated for stab wounds at Legacy Emanuel Medical Center in Portland. His condition was not available Monday afternoon.

[QUESTION: If his condition was not available, how do you know he was "severely" injured?]

Firefighters arrived to find the home partially engulfed in flames. Crews from several fire departments worked to put out the fire, which was confined mostly to the rear of the house.

In the rubble, they found the remains of a person. The Douglas County Sheriff’s Office did not release the person’s sex, age or identity.

But John Lahley, Sutherlin School District superintendent, said the victim was Lindi Riley, who had worked as a counselor at Sutherlin Middle School for 26 years. Her husband formerly owned an insurance firm, and the two owned and operated Chinook Cove Lodge, a fishing lodge in Knight Inlet, B.C.

“Lindi and her husband were well known and well loved in this community,” Lahley said Monday. Lahley said he sometimes called her Bette Midler, due to her resemblance to the performer. “She was vivacious and exuberant. Once you met Lindi, you didn’t forget Lindi.”

According to the Douglas County Sheriff’s Office, Craig Riley called police Monday morning and said a man had broken into his home at 1320 Rogers Court. He said the man stabbed him and set the house on fire.

Investigators identified the couple’s son 28-year-old Gabriel Scott Riley, as a possible suspect and issued a warrant for his arrest through a national police database. Detectives met Gabriel Riley’s flight in Palm Springs and took him into custody without incident at about 1:30 p.m. Monday as he debarked the plane. He was being held on a warrant for murder, attempted murder and first-degree arson, authorities said.

[QUESTION: The only way investigators could identify Gabriel Riley as a suspect is if Craig Riley said he was the man who stabbed him. But if the man who attacked Craig Riley was his son Gabriel, why didn't he identify Craig as the attacker when he called 911. Why did he say "a man" and not "my son" in his 6:20 a.m. 3.10.08 911 call?]

Tuesday, March 11, 2008

R(eally)A(chieving)Y(our)C(hildhood)D(reams)

Indira Nair, Carnegie Mellon’s Vice Provost for Education:
Hi. Welcome. It’s my pleasure to introduce you to the first of our new university’s lectures titled Journeys – lectures in which members of our community will share with us reflections and insights on their personal and professional journeys. Today’s Journey’s lecture as you all know is by Professor Randy Pausch. The next one is on Monday, September 24th by Professor Roberta Klatzky.

screwed!

Republicans were quick to pounce, with the state party and a top lawmaker calling for him to resign.

“The governor who was going to bring ethics back to New York State, if he was involved in something like this,” said James N. Tedisco, the Republican minority leader of the Assembly, “he’s got to leave. I don’t think there’s any question about that.”

“Every year you say you’ve seen it all, but you haven’t,” said Matthew Mataraso, a lobbyist who started his career at the Capitol in 1962 as a lawyer for a Republican assemblyman. “It’s a shame. It’s awful. This is why people lose faith in government. But I guess it shows that he’s human like everybody else.”

Anthony Casale, a lobbyist and a former assemblyman who came to the Capitol on Monday for the scheduled Assembly session, was in disbelief. “Literally, if ever a situation finds anybody in politics speechless, it’s something like this,” he said.

Mr. Spitzer’s fellow Democrats were muted in their response. Mr. Silver, the Assembly speaker, issued a terse two-sentence statement: “The allegations against the Governor are before the public. I have nothing to add at this time.”

Gov. Eliot Spitzer continued to weigh wh
ether to resign early Tuesday, a day after law enforcement officials said he was a client of a high-end prostitution ring broken up last week by federal authorities.

The scandal surrounding the man who built his political reputation on rooting out corruption stunned the state. Calls for Spitzer's resignation began immediately and intensified Tuesday with the New York Daily News, New York Post and Newsday all demanding that he step down.

----
Spitzer was caught doing something that should be legal but isn't because of outdated superstitions that conflict with economics 101. the republicans and the republican massmediumb (Murdoch's shlock, Post, News and Newsday) thinks he's not fit to be governor of new york.

Monday, March 10, 2008

tased and confused

like most stories involving the Eugene Peace Department, LaMe County District Attorney and/or Circuit Court, the story of the first publicly admitted use of a Taser-brand personal electrocution device just keeps getting better.

The day before Officer Warden tased Mr. Devaliti, a currently-closeted EPD officer almost tased a naked male bicyclist.

Mr. Devaliti has a record in California, but was released by "Judge's Orders" today.

Four counts of menacing. One count for menacing each of the poor, innocent 16-year-olds committing misdemeanors in front of the library, across the street from the bus depot and a block away from the depot substation of epd.

personal electrocution device


On August x, 2002, at the Wiseacres Comedy Club in Tysons Corner, Virginia, I lost my SUV (stand-up virginity). On March 9, 2008, at the corner of 7th and Olive, the Eugene Police Department lost its TV (Taser virginity).

On August x, 2002, at the Wiseacres Comedy Club in Tysons Corner, Virginia, I lost my SUV (stand-up virginity). On March 9, 2008, at the corner of 7th and Olive, the Eugene Police Department lost its TV (Taser virginity).

At approximately 3:30 p.m., Eugene Police Officer Jud Warden used his Taser-brand personal electrocution device to subdue 39-year old Vito Devaliti. Mr. Devaliti had an altercation with a 16-year-old male and three friends at 10th and Olive. The hostilities escalated to the point where Mr. Devaliti allegedly threatened to shoot the teen and "displayed what looked like the barrel of a handgun from a sweatshirt wrapped in his hand."

According to the police, the teen turned and ran, and Devaliti chased him. The boy ran to safety, while his friends used their cell phones to call police. The 911 caller alleged that Mr. Devaliti had threatened to shoot his friend and was armed with a .38-caliber handgun. The friend of the alleged victim also provided the 911 dispatcher with information about the direction the alleged perpetrator was running. According to Eugene inbredgister guard reporter Andrea Damewood, Officer Warden chased Mr. Devaliti [from an undisclosed starting point] all the way to the Dutch Brothers coffee kiosk at Seventh and Olive.

The Eugene Police Department Taser policy, proposed by the Eugene Police Commission on ab.cd.06, adopted by the chief on ef.gh.07 and implemented by the Eugene Police Department on ij.kl.07 requires officers to warn subjects before administering a shock and allow time for the person to comply voluntarily. Only people engaged in “aggressive physical resistance” can be shocked.

According to Captain Pete Kerns, Mr. Devaliti ignored Officer Warden's demands to show his hands and get on the ground, advanced toward the officer and taunted him to use the Taser. Ms. Damewood did not even ascertain whether Officer Warden gave Mr. Devaliti the required verbal warning "u r bout 2 b tased, bro."

According to EPD PIO Melinda Kletzok, Warden then fired his Taser to stop Devaliti. Officers found a cigar tube on Devaliti that may have been used to simulate the presence of a handgun.

According to Captain Kerns, "because Devaliti was thought to be armed and acting aggressively, Warden would have been justified in using lethal force."

“Without the Taser, in this case, the officer would have had no option but to shoot the suspect,” he said. “It would have been a righteous thing to do. If (Devaliti) had a gun, he would have had the draw on our officer, and he would have gotten the first shot off.”

Kerns praised Warden for being “coolheaded” during the tense situation.

“The officer told me he wanted to give the guy one last chance before he would shoot him with his handgun,” Kerns said.

Saturday, March 8, 2008

usa2day getz itz tuff on!

If relatively mild steps aren't sufficient to change student behavior, perhaps barring students from a game or two, or requiring the home team to forfeit a game, will make the point. Even in college basketball, some things are more important than winning.

got tragedy?

Thomas Lifson and Richard Baehr of RealClear Politics: Genuine tragedy -- protagonists undone by their flaws -- rarely is found in the news. Tornadoes may be devastating, but usually they are not tragic. The story arc of this year's Democratic Party nomination is heading in a Sophoclean direction. The Party's predicament is anchored in its own hubris and that of its major power players.
--
4000 dead. 29,000 maimed. 1.5? million traumatized. 140,000 still separated from their family.

greek tragedy rare?
au contraire.

around the river with Edward Abbey


Down the River with Henry Thoreau
Edward Abbey, 1982

November 4, 1980

Our river is the Green River in southeast Utah. We load our boats at a place called Mineral Bottom, where prospectors once searched for gold, later for copper, still later for uranium. With little luck. With me are five friends plus the ghost of a sixth: in my ammo can – the river runner’s handbag – I carry a worn and greasy paperback copy of a book called Walden, or Life in the Woods. Not for thirty years have I looked inside this book; now for the first time since my school days I shall. Thoreau’s mind has been haunting mine for most of my life. It seems proper now to reread him. What better place than on this golden river called the Green? In the clear tranquillity of November? Through the red rock canyons known as Labyrinth, Stillwater, and Cataract in one of the sweetest, brightest, grandest, and loneliest of primitive regions still remaining in our America?

Questions. Every statement raises more and newer questions. We shall never be done with questioning, so long as men and women remain human. QUESTION AUTHORITY reads a bumper sticker I saw the other day in Moab, Utah. Thoreau would doubtless have amended that to read “Always Question Authority.” I would add only the word “All” before the word “Authority.” Including, of course, the authority of Henry David himself.

Here we are, slipping away in the early afternoon of another Election Day. A couple of us did vote this morning but we are not, really, good citizens. Voting for the lesser evil on the grounds that otherwise we’d be stuck with the greater evil. Poor grounds for choice, certainly. Losing grounds.

March 8, 2008

Our river is the Willamette River in midwest Oregon. We park our car at a place called
Valley River, where shoppers once searched for “goods” at Meyer and Frank, later at Gottshlepps. With little luck. With me are three friends (one human, two canine) plus the ghosts of countless others. In my fanny pack – the tracktown-dweller’s handbag – I carry a wavy-due-to-often-being-waterlogged copy of Edward Abbey’s slenderest and maybe-not-finest-but-damn-close-and-damn-fine volume called Vox Clamantis in Deserto or A Voice Crying in the Wilderness.

dissing danny a



My Valentine's Day post
Dan 's reply
listmeister alan "little eichmann" schwartz chimes in
my slam dunk

more of dr. ariely's ground-breaking research!

yikes. ouch. this guy wrote the book I was supposed to write.
dr. ariely is #5 on the new york times bestseller list.

yikes. ouch.

Friday, March 7, 2008

Julie "gibberish" Gerberding



The Federal government has agreed to pay Jon and Terry Poling for injury caused to their daughter Hannah by vaccines. The amount, from a federal fund that compensates people injured by vaccines, is not yet determined.

Jon, a neurologist and Terry, a lawyer argued that it was the five simultaneous vaccines she got as a toddler in one day eight years ago that did it.

While parents and advocates for autistic children say the case is a landmark legal precedent that signals the government is finally conceding potential autism-related risks from childhood vaccines, government officials are saying it's nothing of the kind.

"This does not represent anything other than a very special situation," said Dr. Julie Gerberding, head of the U.S. Centers for Disease Control and Prevention.
---
Well, I agree it's special. It represents the first snowball in an avalanche of lawsuits against the Federal government and big Pharma.

Wait until you see Uncle Sam's foreclosure auction!

Thursday, March 6, 2008

hasselman vs. regan/duvall/barton

slice of pepperoni pizza and side of caesar @ mezza luna: $5.50
reading LTE in Eugene Weekly while scarfing garlic: priceless

factivist anniversary


March 21 is not just the first day of [alleged] spring, it’s also the one year anniversary of my rebirth as an activist. I’m not sure exactly when I stopped being a real professor, but I am sure that the Eugene Police Commission: Mental Health Crisis Response Committee meeting on 3.21.07 is when I became a factivist – an activist determined to inject empirical evidence and logical coherence into governmental activities, an activity that turns out to be almost as difficult as cold fusion.

I guess I stopped being a real professor in 1994 when I was fired from the University of Oregon for being too uppity in the department and in my research (debunking Kahneman and Tversky). I was in good company in both cases. Dan Ellsberg, Maurice Allais and Lola Lopes with respect to the latter. And as for the former, I was in the same boat as half-dozen other psychology professors (Juscyck,* Gernsbacher, Goldsmith, Collins, Zinbarg, Monroe) who were ousted from the Duck pond for committing the same two crimes that I did - failure to pretend that:

1. the mafia that ran the department (Posner, Keele, Rothbart and Rothbart) was benign and/or non-existent
2. Myron Rothbart’s behavior toward an attractive junior colleague was avuncular and appropriate instead of lecherous and repulsive

I was hired at the UO (1988) right when Peter Juscyck left for Johns Hopkins. I have no direct evidence that he left as a result of conflicts with the quacks (Mick, Mike, etc.). But given PJ’s:
a. Posner&Keele-esque family resemblance to other quack-attackers
b. the fact that the utility of a false alarm is almost as high as the utility of a hit in this situation
c. I’m a card-carrying Bayesian
Wittgenstein/Rosch/Posner&Keele-type family-resemblance is good enough from me.

19:2 lame ducks

21 counties. 2 contested District Attorney races (Polk, Lincoln)

laMe county newz

sheriff candidates
schmitz

dancer leaps

When Rick Dancer announced his campaign for the secretary of state’s office in a three-minute spot at the top of the 11 o’clock newscast on KEZI 9 on Sunday, he got the kind of exposure politicians can only dream about.

Wednesday, March 5, 2008

hk's



doll

anyone but alex '08

After 25 years as District Attorney in Lane County, F. Douglass Harcleroad is hanging up the gavel. Deputy District Attorney Alex Gardner announced his candidacy on June 11, 2007.

Mr. Gardner has dozens of endorsements from the Eugene Police Department (Melinda Kletzok, Mel Thompson, Ryan Wolgamott), Lane County (Rob Rockstroh, Alicia Hays) and other prominent citizens (Gretchen Hult Pierce). He’s got the current mayor of Springfield (Sid Leiken) and a former mayor of Eugene (Jim Torrey) and of course, lots of friends at LCDA (Alison Brown, Emen Ibanga, David Vill, Jay McAlpin, Bob Lane, Paul Graebner, Angela Pershern, Patty Perlow, F. Douglass Harcleroad).

He’s endorsed by District Attorneys from Deschutes (Mike Dugan), Linn (Jason Carlisle), Benton (John Haroldson), Lincoln (Bernice Barnett), Douglas (Jack Banta) and Klamath (Ed Caleb) counties. He’s got support from the Lane County Sheriff’s Office (Russ Burger, Les Sieczkowski) and Coburg Police (Corey Mertz), and David Crowell, the public “member” of the OR SB111 planning committee. He’s got many Richards (Richard Charboneau, Richard Hill, Richard Jones, Richard Lewis, Richard Trimble) and countless other D*cks, including Eugene City Councilors George Poling and Mike Clark and Jack Roberts.

He’s endorsed by the Coburg, Junction City, Florence, Oakridge and Springfield Police Departments and the Eugene Police Employees Association (Willy Edwaard). Unbelievably, he’s even got the Executive Director of MADD, Lois Harvick.

The deadline to file an application for this position is March 11. Currently, Deputy D.A. Gardner is running unopposed.

The Lane County D.A. has repeatedly insulted the intelligence of Lane County residents in the last few years.

1.D.A. Harcleroad, Deputy D.A. Gardner, A.D.A. Erik Hasselman and A.D.A. David Vill were way too easy on the men who killed Ryan Salisbury, Lucy Lahr, Katie Lovelace and Tim Reams (EPD Officer Shawn Trotter, Robert Berryhill, Lee Stubbs, Aaron Heyer).

2. A.D.A. Hasselman was punitive, petty and cost-ineffective in resentencing environmental activist Jeff Luers.

3. While A.D.A. Lane filed charges against former EPD officer Roger Magana, his probable accessory in his 42 felony convictions (Detective Mel Thompson) and others who enabled him (former EPD Chiefs Thad Buchanan and Leonard Cooke) got off scot-free.

Given the feelings in Lane County about Magana, Luers, Salisbury, Lahr and others, any Democrat who ran against Mr. Gardner for Lane County District Attorney in 2008 would have an excellent chance of winning.

underfunded agent

For almost a year, I have been doing an underfunded by most definitely not undercover investigation of various aspects of my city (eugene), county (lane) and state (oregon) government. i have discovered many surprising, scary and shocking things and have been repeatedly disappointed by the response of the Eugene Police Department, Eugene Police Commission, Civilian Review Board, Lane County District Attorney, Lane County Board of Commissioners, Eugene City Council, eugene inbredgister guard and eugene weAkly to my empirical research. i've distributed hundreds of powerpoint handouts and quasi-legal briefs but no one seems interested.

but today, i discovered that is the most shocking, scary and appalling thing BY FAR I've discovered in the last 52 weeks.

i went to this website and took a look see on candidates for LaMe County District Attorney.

wow. yikes. ugh. aarggh.

roast duck



$85 for roast duck. what a deal!

la meilleur famille gagner



Frohnmayer was the Republican nominee for Governor of Oregon in 1990. Popular Democratic incumbent Neil Goldschmidt withdrew after Frohnmayer's campaign manager, Donna Zajonc, said "May the best family win" at a news conference, which was then reported by Jeff Mapes in the Portland Oregonian.

Zajonc's statement was interpreted at the time as threat to use Goldschmidt's collapsing marriage as a political issue. It might also have been meant as a cryptic allusion to Mr. Goldschmidt's sexual relationship with a minor. That sex scandal did not become public until May 6, 2004, and Frohnmayer has never explained when he learned about it, or why he did not inform the authorities. He and Goldschmidt had been classmates at University of California, Berkeley law school. Frohnmayer subsequently lost the election to Barbara Roberts, the Democrat who was nominated after Goldschmidt's withdrawal. [2]
---
If Goldschmidt's name--or even a more precise description--were in the counseling records, he could have been finished politically. On Aug. 9, 1989, Susan's rapist was convicted and the bulk of the counseling records remained under seal per the judge's order. But in October, the defense appealed the verdict--arguing that the counseling records should have been fully introduced. If the Washington Court of Appeals agreed with the defense attorney, the risk of exposure for Goldschmidt remained great.

As the appellate court in Olympia prepared to consider this procedural question, 150 miles south in Salem reporters and pundits puzzled over Gov. Goldschmidt's reluctance to announce his intentions for a second gubernatorial term.Part of Goldschmidt's hesitancy may be traced to Frohnmayer's August campaign kickoff event, when the AG's campaign manager, Donna Zajonc, said, "I gotta believe the best family will win." (Zajonc says she was unaware that Goldschmidt was hiding a damning secret. "I absolutely did not know and have always regretted that quote," Zajonc says today.)

On Feb. 7, 1990, Goldschmidt, then only 49, said he was walking away from public life. "His announcement left Democrats shocked and his campaign workers tearful on Wednesday," The Oregonian wrote.

The media attributed the decision to the impending breakup of Goldschmidt's marriage and, to a lesser degree, his frustration at his dealings with the Legislature.

Until now, Goldschmidt's untimely retirement from the governor's office has remained one of the great mysteries of Oregon politics. "It was a stunning and unexpected political vanishing act," the Portland Tribune's Don Hamilton wrote in a 2001 profile of Goldschmidt.
-----
If it is true that Dave Frohnmayer threatened to cause emotional damage to his UC-Berkeley Law School classmate and his family at the same time his own family was dealing with its own tragedy, it would be a revelation almost as damning to Dave's reputation as Susan was to Neil's.

Tuesday, March 4, 2008

tao of poo



To: Lisa Gardner, City of Eugene Planning Director

Mike McKerrow City of Eugene Lane Use Management Supervisor

Dear Lisa and Mike,

I want to make sure I understand the City of Eugene’s position regarding 356 Horn Lane.

Some time prior to August, 2006, “an anonymous complaint was made to the city of Eugene regarding construction without a permit and improper land use for a residential neighborhood” at the property.

In August, 2006 Mike McKerrow, land use management supervisor for the city of Eugene inspected the property. He found violations of the building code, including a bathhouse with three self-composting toilets, two showers and a graywater system. He found violations of the zoning code, such as “about 7,000 visitors over the past four years” including “Richard Heinberg, a well-known researcher from New College of California, was introduced by the mayor of Eugene when he spoke to hundreds of people about peak oil at the Eugene Hilton in January 2006. “

Apparently, Mr. McKerrow was not concerned with the environmental risks associated with the homemade septic system or the litigational risks associated with knowingly allowing Mr. Logan and Ms. Renee to run a hotel/hostel in eugene with admitted violations of city building codes. ["We understood there would not be provisions in the building code for that [septic system], so we made the difficult choice to build it without seeking a building permit," Logan said.]

But he was concerned that the scale, frequency and religious nature of the events held at the property violated land use zoning laws. There was a great deal of discussion back and forth between Mr. Logan and Mr. McKerrow via email and snailmail, including:

a.an April 20, 2007 email from Mr. Logan to Mr. McKerrow documenting “proposed activities,”
b.a May 4, 2007 letter from McKerrow to Logan/Renee in which the City agrees “to defer any enforcement action during a phase out period of previously scheduled events”
c. an October 23, 2007 letter from McKerrow
d. a November 30, 2007 letter from Gardner
e. a December 28, 2007 waiver request (City File CI 07-14) from Logan/ Renee
f. a January 7, 2008 denial of waiver from Gardner stating that “none of 67 activities held in the past could continue without a conditional use permit.”
g. a January 22, 2008 appeal filed by Logan, Renee and others

Note: [All of these dates and facts are gleaned from McKerrow’s February 25, 2008 memo to Eugene Hearings Official Briggs]

Bottom line: Eugene Planning Director Gardner and Land Use Management Supervisor McKerrow are not concerned about the violations of Eugene’s building code that threaten the River Road ecosystem or that expose the city to liability from a potential injury victim at the not-quite-up-to-code quasi-hotel/hostel. They are not concerned about the harm to neighbors from traffic, noise, etc.. All the City wants is for Mr. Logan and Ms. Renee to fork over the $17,000 or so it would take to get a conditional use permit and “address such concerns as parking, bike racks and accessibility for the disabled.”

Is this right?
Deb

tao of pooh

bobby green/lisa gardner

Dear Bobby,

I attended yesterday’s noon meeting of the Housing Policy Board in the aptly named McNutt Room. You are one of three elected officials on the committee, but while Eugene City Councilor Solomon and Springfield City Councilor Ralston were present, you were not. The minutes of the February 4 meeting were given out and you were the only one of the 8 HPB members (Cabell, Solomon, Ralston, Green, Fischer, Thomson, Wagner, VanLandingham) to be listed as “absent.”

When I criticized you and Commissioner Stewart for failing to attend the January 17 Public Safety Coordinating Council meeting, you said “My absence from the meeting should not been a reason to label my absence as disrespectful and unprofessional, but your judgement is duly noted. For the record, I have a personal life that involves family. If you are part of one and I believe you are, then you may understand there are situations that requires that family comes first.”

You obviously have a lot of family and other obligations that take priority over honoring your commitments to your colleagues, constituents and other Lane County citizens. Maybe you missed yesterday’s HPB meeting because you were announcing your candidacy for re-election.

Your cavalier attitude toward your $70K/year job is one reason I have chosen to endorse Rob Handy. I have been hesitant to endorse your challenger because replacing you with him would eliminate the only diversity among the five commissioners who govern the residents of Lane County. But when it comes down to it:

a. melanin diversity is not nearly as important to me as 23rd-chromosome diversity
and
b. political orientation is much more important to me than anything else

Even though I don’t live in your district, I am coming out as an anti-Green activist. Your claim to fame is that you used to be really good at kicking and throwing dead pigs around on astroturf. [Insert snide comment re: Steve “hendrick’s hick” Prefontaine whose claim to fame was that he was really good at running around in circles really fast.]

Like Mike Clark, George Poling and Jennifer Solomon on the Eugene City Council, you believe that D*cks come first. [Insert rant re: City Council’s 9.24.07 decision to extend, not eliminate Section 4.190(4) of Eugene City Code.]

I showed up for the HPB meeting yesterday thinking that it was the hearing regarding the Buddhists’ appeal of Eugene Planning Director Lisa Gardner’s decision but it turns out, I was in the wrong place at the wrong time.

I took the opportunity to express my feelings about the fact that neither the Eugene City Council nor the Lane County Board of Commissioners has held a public hearing related to the proposed destruction of prime far east eugene real estate to build a new place for D*cks to sit on their rumps and watch hoops.

I guess the ball’s in two courts now. The Eugene City Council can pull the plug on big mac court by rejecting the UO’s request to eliminate a half-block city alley. Eugene Planning Director Gardner can’t stop the trainwreck the way George, Bonny, Betty, Jennifer, Mike, Andrea, Alan and Chris (and maybe Kitty) can, but she can put the brakes on it simply by acknowledging that the 400,000 square foot/12,500 seat-arena that will “host as many as 80 events a year, from UO basketball and volleyball to concerts and family shows” is not “simply an extension of current university activities.”

Hopefully Eugene Planning Director Gardner will show respect for the Eugene residents who don’t give a quack about the Ducks or a dam about the Beavers and love huskies as much as rottweilers, basenjis and poodles. Hopefully she will have the decency to acknowledge that the most expensive college arena ever “warrants a higher level of scrutiny and regulation.”

Monday, March 3, 2008

gotpriorities?2

Welcome to Oregon, where residents have the right to an education, religious tolerance and free speech - and if Rep. Mitch Greenlick, D-Portland, ever succeeds in getting one of his controversial resolutions through a senate committee, the right to state-funded health care for all its citizens.

One argument for holding annual sessions of the Oregon Legislature is that lawmakers can respond to problems in a timely fashion, rather than waiting for a biennial session. The argument fails if the Legislature convenes annually, but then fails to address an impending crisis.

That’s what happened on one important issue in this year’s experimental annual session: Legislators adjourned Friday without giving stronger protection to people who finance their homes with subprime mortgages. Reforms may come next year, but for many Oregonians that will be too late.

Speaking of subprime loans (0% down, dicey income, dubious IRS interpretation)

you say obama, i say mccain

if barack [atta adonay] obama [bin laden] is the Democratic nominee for prezeedent '08, I'm gonna dance from the other side of the aisle and vote for john mccain.

got priorities?


While millions of American homeowners face foreclosure* and the economy teeters on the brink of a recession and possibly even the precipice of a depression, University of Oregon Athletic Supporters Phil Knight, Pat Kilkenny and Dave Frohnmayer have money to burn.

On January 2, 2008 Phil and Penny Knight signed an agreement with University of Oregon Vice President for University Advancement Allan Price where they pledged to donate $100 million to the University of Oregon Foundation, earmarked to create the University of Oregon Athletic Department Legacy Fund.

The $100 million gift was not only the largest in the University of Oregon history, it was also the most finicky. Although the Knights stipulated that the gift could “ not under any circumstances be used to directly pay any costs of planning, design or construction of a new basketball arena” it was contingent on “the approval of the State of Oregon on or before June 1, 2008 for the issuance by the State of XI F (1) bonds to fund the cost of design and construction of a new basketball arena for the University of Oregon.”

On February 28, 2008 Pat and Stephanie Kilkenny announced a $1 million donation to the University of Oregon. It is “the first nonathletic donation ever offered to the UO by the couple, who gave $6 million to university sports programs before the UO hired Kilkenny a year ago to lead the athletic department.”

“Nearly all of the money donated by the couple will fund a pair of new sports-related education programs in the university’s law, business and journalism and communication schools ‘We’re working hard to show that academics and athletics can be mutually beneficial,’ Kilkenny said during a news conference attended by UO President Dave Frohnmayer and several [unnamed] faculty members.”

On February 25, 2008 Dave and Lynn Frohnmayer announced that they had raised $115,000 for the Fanconi Anemia Research Fund.

Athletics: ~$300 million ($100 million from Phil and Penny Knight/$200 million from Oregon taxpayers)
Academics: $1 million (all from Pat and Stephanie Kilkenny)
Philanthropy: ~$100K ($65,000 from Dave & Lynn Frohnmayer, Peggy Padden and others/$50,000 from America's Giving Challenge)
So according to Phil, Penny, Pat, Stephanie Dave and Lynn, athletics is 300 times as important as academics and 3000 times as important as philanthropy.

Got priorities?

Sunday, March 2, 2008

dumbest mormon in oregon?



Sen. Gordon Smith said it was important that in 2008, Republicans apply their philosophies of limited taxes and privatesector solutions to the problems that all Oregonians and Americans want fixed.

“Republican values and Republican solutions must be relevant today because they solve today’s problems better than any of those advanced by our friends on the other side,” said Smith, who is being targeted for an electoral defeat this year by the Democratic Party.

neuron-numbingest document ever?

I'll be straight with you peeps. I've read a lot of neuron-numbing gibberish in my day - thousands of Universities of Oregon and Arizona student papers, hundreds of grants submitted to the Decision, Risk and Management Sciences Program at the National Science Foundation, dozens of legal documents from Denver and El Paso Counties and dozens of documents prepared by the Eugene Police Commission (a group of people who know nothing about research, policy or policing charged with the task of doing research on police policy), Eugene Police Department, Lane County District Attorney's office. Then there's all the dreck I've read in the eugene inbredgister guard (if you put alton f. baker the first's mother and sister in a porsche boxster, there would still be room for alton f. baker the first!)

But nothing prepared me for this document which is BY FAR, the most neuron-numbing document I've ever encountered.

WARNING: Unless you are on an IV oxycontin and/or demerol drip, it's probably not safe to try to read this.

foreclosure

proof homes?

Saturday, March 1, 2008

land

shark

jabbing dr. garrett

Tension rose again when Frisch challenged the data and statistical evidence supporting the vaccine. When Garrett showed a slide about the benefits of immunizing girls at 11 and 12 years old, Frisch again interrupted.

"Don't you think it's kind of sick to prick young women who are still 5 years away from the legal age of consent?" Frisch said. "How much are you getting paid by Merck (the pharmaceutical company that sells the vaccine) to propagate this?"

"A lot less than to be in the office every day," Garrett responded.

Dr. Garrett is a paid consultant for Merck & Co., the pharmaceutical company that developed Gardasil, currently the only HPV vaccine on the market.

The tension simmered as Garrett continued her lecture to the audience, which was made up of mostly female law students.

way to go, oregon!

For the first time in U.S. history, more than one of every 100 adults is in jail or prison, according to a new report documenting America’s rank as the world’s No. 1 incarcerator. It urges states to curtail corrections spending by placing fewer low-risk offenders behind bars.

The report, released Thursday by the Pew Center on the States, said the 50 states spent more than $49 billion on corrections last year, up from less than $11 billion 20 years earlier. The rate of increase for prison costs was six times greater than for higher education spending, the report said.

Four states — Oregon, Vermont, Michiganand Connecticut — now spend more on corrections than they do on higher education, the report said. Oregon spent $684 million on corrections last year, or $1.06 for every $1 spent on higher education.

gardner guards ducks

The Legislature’s approval of $200 million in bonds has given the University of Oregon some certainty that it will be able to build its new basketball arena, but whether the work can start as soon as this summer — which is the UO’s goal — remains a question.

The UO has said it wants to begin construction this year and wrap up in time for the start of basketball in November 2010. But the UO must complete a number of complicated steps for that to happen, and even a minor glitch could reverberate through the schedule.

the university is pushing to prepare land use documents and submit other materials the city needs before it can issue a building permit. The UO faces an active neighborhood association that is prepared to challenge any city approvals that don’t come with concrete steps to limit traffic and parking problems and address other neighborhood issues.

The arena may face relatively few planning hurdles, but even so it would need approvals that opponents could appeal all the way to the state Land Use Board of Appeals and beyond that, the court system. The UO faces an almost certain appeal of the first land use decision related to the arena: a formal interpretation by the city of municipal rules that determine whether the arena constitutes simply an extension of current university activities, or whether the arena is more than that and thus warrants a higher level of scrutiny and regulation.

The Fairmount Neighborhood Association, which represents people living southeast of campus, already has voted to seek the formal interpretation and to file an appeal if it goes against them.

At issue is whether the university will need a conditional use permit to build the arena. With such a permit, the city can impose restrictions on how a facility is operated.

The association thinks the UO needs a conditional use permit, but the university and city planners don’t. The answer hinges on whether the arena simply continues an existing university activity or marks a new or different use.

“We feel pretty confident that from everything we’ve looked at (that the arena) is a university use,” said Lisa Gardner, the city’s planning director. “We haven’t seen anything that changes our mind.”

“Their timeline for (starting construction) late summer to early fall could fairly be characterized as aggressive, but it’s doable,” Gardner said. “We are prepared to respond to their application and move it as expeditiously as we can, as we do with all our applications.”

A major delay “would be very frustrating,” Kilkenny said. “It’s not a deal-breaker, but it just adds additional cost and makes it more difficult for us. I don’t think it’s an ambitious goal, but it’s no doubt a goal that’s going to require a lot of hard work and a little good luck, too.”

eugene bullies buddhists

Meditate on this: Is the eco-friendly Dharmalaya Meditation Center a victim of bureaucratic stubbornness and religious discrimination, or a victim of having hosted too many public activities at a private residence?

Since last summer, the center in northwest Eugene has stopped offering its yoga classes, sustainable living workshops and spiritual retreats — deciding it hadn’t the time, money or energy to satisfy the city of Eugene’s demand that it obtain the proper permit to continue such activities.

Mike McKerrow, the city’s land use management supervisor, said the city isn’t denying anyone the right to take part in religious activity on their property.

The city has merely directed the center, he said in a written report, “to follow the city’s land use regulations, like any other applicant, and apply for a permit.”

Logan’s property, a three-quarter-acre parcel, is zoned R-1, for low-density residential use.

The city last year said Logan could have no more than six to eight people at his center no more than once a month — so long as the center continued to operate from a private home without a conditional use permit.

According to Logan, such a permit would cost more than $17,000 and require the center to address such concerns as parking, bike racks and accessibility for the disabled.

the aptly named mr. hassleman

On Thursday, environmental activist Jeff Luers’ 22 years and 8 month sentence was reduced to 10 years. Mr. Luers was resentenced to 90 months for an admitted 6.16.00 arson that caused $40K of reparable damage to three trucks and to 30 months for an alleged, but denied 5.27.00 attempted arson that caused $0 in damage.

If Lane County Assistant District Attorney Hasselman had decided that Jeff could serve the 90 months for the admitted Romania fire and the 30 months for the Tyree non-starter concurrently, Mr. Luers would have been free to leave the courtroom with the rest of us at 9:30 a.m. on 2.28.08 because he has been incarcerated since his June 16, 2000 arrest, 92 months ago.

But Mr. Hasselman argued that Jeff should serve the 90 and 30 month sentences consecutively. Judge Billings agreed, even though he described Mr. Luers’ statement as the most impressive he’d heard in 35 years as a lawyer, compared him to a returning war hero and heaped praise on Mr. Luers ‘male lawyers, Hugh Duvall and Jesse Barton. [Judge Billings did not note Mr. Luers female lawyer, Lauren Regan.]

As a resident of Lane County, I am disgusted that Mr. Luers did not walk out a free man on Thursday. It is not surprising that Mr. Luers was the most thoughtful defendant Judge Billings has encountered in 35 years - Mr. Luers was the most thoughtful and honorable man in the courtroom on Thursday.