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This page contains a single entry from the blog posted on February 22, 2013 7:42 AM. The previous post in this blog was Out to pasture. The next post in this blog is Tri-Met train fiasco gets worse. Many more can be found on the main index page or by looking through the archives.



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Friday, February 22, 2013

Clackistani upstarts put light rail transactions on ballot

Here's to the three Clacky commissioners who are determined to do what the voters of their county want, as opposed to what the Goldschmidt stooges from Tri-Met tell them they have to do. Opponents of the CRoCk, pay attention.

And shame on the bobbleheads at the O, whose toady headline is "Clackamas County board splits." Yes, but the vote was 3 to 2 in favor of a public vote. There are winners and losers, and the rebels won. If it had been 3 to 2 the other way, you can bet the headline would have been way different. The O's readers are a whole lot smarter than it is, which is part of why it's slowly going out of business.

Comments (13)

Power to the People...about time.

What a great exercise of civic responsibility. Approving ballot measures that can have no binding legal effect. Contracts don't bind Clackamas? No matter what you think of the fiscal wisdom of this or any new light rail, submitting to public vote, measures that want the voters to approve a proposed breach of a prior contractual commitment, is just wasteful and juvenile political theater (and in the matter of the Parks trail, not even within their jurisdiction apparently). Wonder when these new civil servants will get over their temper tantrum and get down to the business of governing responsibly? And Jack, while I respect, and in many ways agree with your view on the rail v bus economics, I don't understand why you encourage this kind of political theater when you know, legally, it's grade-A B.S.

Drewbob, let's put the Clackamas political theater in perspective: consider what is happening in the present Southwest Corridor Plan along Barbur/99 from Portland to Sherwood.

Like in Clackamas Co of the past, all the civil servants have been avoiding any voting on any aspect of the Southwest Corridor Plan with its potential lightrail. And soon they'll be able to claim that "we have a contractual agreement" for lightrail after they line up all the government agencies to nod their heads. They'll claim the 289 people that repeatably show up at their meetings constitutes public consent. Forget about any votes on true costs of any proposals including doing little or other alternatives.

Metro, TriMet, CoP, and all the other government agencies have been playing this game for decades. They even take any form of an advisory committee that maybe doesn't even vote on a review of an issue, and consider their acquiescence as a vote/approval. It just keeps snowballing until they can claim "we have a contractual obligation". Forget the people who didn't get to vote and have to pay for it.

Drewbob, I agree with you in most ways. I think the parks measure in particular is a waste of time and money.

But living in this area for some time, I think that unfortunately people need to take these kind of actions to get a point across. Look at the Portland City Council who will simply not listen to dissenting opinions short of being sued. That is what the group of water users who is pushing forward with their suit has realized.

The regional planning cabal will declare you a Nimby, outside of polite society, and basically pretend that you don't exist if you don't agree with them. Unfortunately, citizens are forced into measures like this simply to have their viewpoint acknowledged.

The contract between Tri-Met and the county does not require the county to do everything Tri-Met wants, forever. Unfortunately, this project was rammed down the throats of a population that clearly never wanted it. Long and expensive litigation is exactly what Tri-Met asked for here. I hope and pray that the county fights and wins.

BTW, nothing could be more juvenile than that 11th hour scum move they pulled with the bonds last summer. Which is why the two Metro stooges on the county commission lost their jobs in November.

DRewbob -

Here's a dirty little secret. Contracts don't "bind" anybody.

A party to a contract always has the "power" ob default or breach the contract. Maybe or maybe not the "right" to breach or default, but always the "power". Is called a "Hoffeldian analysis" of contract rights and remedies, after a law prof back in the las century named Hoffeld. Really interesting stuff.

Other party has the option to sue for damages in he even of a breach or default. In very very rare circumstances, a court will require specific performance of a contract, but that is unusual. Damages are always a moving target, and probably never cast in stone as the fools a TriMet falsely seeks to imply.

The Clackamas County Commissioners can breach; a court may or may no award damages. One thing is absolutely sure: The Clackamas voters will not punish the Commission majority for reaching or defaulting on he alleged "contract".

Oliver North had contracts with the Contra's are those now Legally Binding too?

Some people need to get a grip on what these issues are really about.

The comments on the O stories are perpetual pandemonium.

These rail votes are non-binding advisory votes which the board will later consider along with any additional advice from legal counsel before deciding on whatever action they will or will not be taking.

Of course there is all sorts of speculation coughing up all sorts or horrible outcomes and costs but there has been all along the way.
With every challenge to anything Metro, TriMet or central planning it's the same thing.

Ridiculous stuff in big heaps.
Invented motivations and mischaracterizating of whoever you don't like.
Endless amateur legal opinions with the certainty of the almighty.
Embellishing and fabricating galore with irrelevant nonsense peppering every discussion.

The bare bones of all the of Clackamas County (and Clark County) stories have repeatedly demonstrated that public does not want what is being dictated they must pay for and accept.

And every time the idea of letting them vote (or even advise) in any way which may actually impact the intended plans the idea is lambasted by those supporting the plans.

Lake Oswego residents have completed most of the re-directing which many other folks in communities in Clackamas County and Clark County are working on.
Even though the Lake Oswego folks developed into a completely reasonable and politically diverse majority they got ALL of the same nasty name calling heat every step of the way. Now as they undo some of the former unwanted ideas fewer nasty accusations usher the changes forward.

Clackamas County commissioners will continue plowing through some very contentious issues with their split board mostly siding with the business as usual status quo.

Just like in Lake Oswego things will get heated up and the nasty rhetoric will continue to try and falsely paint the change agents as extremists of every kind of ilk.

But as change is advanced by those who would like to provide the public the opportunities to genuinely impact the decisions and direction of their communities the attacks will subside.

Hopefully many of these chapters will arrive at where Lake Oswego has with a strong controlling majority on the side of common sense and the voting public with only a little belly aching remaining from the lingering defenders of what was not wanted.

It appears Ludlow and Tootie are in the same minority position just as Olson, Kehoe and Gudman were in Lake Oswego.

Is Savas evolves a bit that can change quickly.

Hoping for the best.

Your version of things is woefully inaccurate.

FYI The commissioners also wear the parks commissioner hats.

John, keep these creepers at bay.

Great your in charge.

Methinks Drewbob neither lives in Clackamas county nor has been paying attention during the past 10-20 years.

Wonder when these new civil servants will get over their temper tantrum and get down to the business of governing responsibly?

Responsible governing on that County commission has been lacking for some time, and is what has motivated both the backlash against the Tri-Met Mystery Train and last fall's changing of the guard.

Fiefdoms like TriMet, PDC and Metro started out small and then began to sprawl, claiming more and more territory and money with little though re. servicing the growing kingdom in a responsible way. Watching TriMet attempting to send out feelers into unexplored parts of the outer eastside and south is like watching an Ottoman ruler piloting the Starship Enterprise on a dwindling amount of dilitheum crystals.

When the State built its first major highway (Columbia River #1, later Hwy. 30 and the Historic Columbia River Highway) it gave little thought to maintenance after the fact. That was a nasty awakening x 200 miles. You'd think our government and quasi-government agencies would learn.


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