Innovative youth program, under fire, vows improvements

Tom DeWolf likes to kid around, as anybody who has attended a Deschutes County Commission meeting can attest. So it should have been obvious fairly quickly to most of the 150 folks gathered at Aspen Hall on a recent weekday morning that he was pulling their leg, big-time.

“Nothing is worth this kind of scrutiny … unfair, unwanted abuse,” a stern-faced DeWolf said in his welcome to the crowd. “On Sunday morning, I woke up to a living hell.”

At first, it would seem he meant the blaring front-page Bulletin headline and four full pages inside that dove into and, one might say, ripped into the Community Youth Investment Program – just two days before the long-scheduled forum on the very same program, hardly a coincidence.

The stories by Bulletin reporter James Sinks (main piece is online at http://www.bendbulletin.com/news/story.cfm?story_no=6055) claimed that the innovative program, aimed at reining in the high cost of juvenile corrections, was costing local taxpayers more than $500,000 a year that they wouldn’t have to fork up, should local youths in trouble be sent to state facilities. What’s more, the story claimed, about half of the 77 juveniles under CYIP supervision were arrested on new offenses, at least a dozen fled the program, and the reoffense rate is 22 percent higher than juveniles sent to state facilities, the newspaper claimed.

DeWolf made clear pretty soon that he wasn’t talking about the newspaper article – in fact, he wasn’t in Bend, or even in Oregon, on Sunday. His “living hell” was that he “was stuck in Branson, Missouri,” during the January shutdown of all the shows – and then, he was subjected to the most invasive airport security he’s ever had. “They checked my shoes for nuclear weapons,” he joked. (DeWolf had been in Missouri for a National Association of Counties conference on – of all things – justice issues.)

With Sinks and Bulletin Editor in Chief John Costa sitting in the front row, DeWolf was the first, but not the only official to thank the pair and promise to look hard at the paper’s findings, which he called “the good, the bad and the ugly” about the much-touted program. (He then related a favorite “Far Side” cartoon, where one deer says to another, adorned with a bull’s eye: “Bummer of a birthmark, Hal.”

Commissioner promises concerns will be taken `very seriously’

Indeed, while Community Youth Investment Program isn’t targeted with a budget-balancing act in the upcoming Oregon Legislature’s special session, state Rep. Tim Knopp, R-Bend, said during a break that he knows the stories will provide ammunition for those who have been critical of the program. Still, he said, stopping it now wouldn’t save the state any money, so it’s likely to get some time to straighten up its act and deal with its shortcomings.

“We’re taking very seriously the questions raised in The Bulletin articles,” DeWolf said, noting that a University of Oregon evaluation team – one of two audits of the program now under way – will “make sure the questions are addressed,” as will a separate, legislatively ordered review by the secretary of state’s office.

“I’m proud of the changes we’ve taken,” DeWolf said. “I’m proud we’re willing to take the risk. You have questions? You have doubts? Join the club. I do too.”

Earlier, colleague Dennis Luke said the finding that local dollars are subsidizing the program shouldn’t forestall waiting until the audits are done.

“This is a community function, and if the community chooses to put additional money into helping our young people make it, that’s a community decision – it isn’t costing the state any more,” Luke said after a commission work session.

“This is not to say there are not problems there. There may be, and if there are, we’ll take a hard look at those,” the commissioner added. “But I personally am going to wait to see what the audits that we’re paying for have to say, before I make a rush to judgment.”

Scott Johnson, director of the county’s Commission on Children and Families, talked of the key milestones that led to creation of the program, including the 1997 passage of House Bill 3737, which established CYIP as a 6-year pilot program, two years after voters approved a $7.2 million bond to replace the cramped, eight-bed juvenile detention center with a 60-bed facility. He also listed the key themes the community stressed in creating it – accountability to the victims and community and public safety, among others.

Deschutes County’s presiding Circuit Judge Stephen Tiktin stood firm in support for a program he said “is really a natural and logical step in the evolution of the justice system in Deschutes County.”

Judge Tiktin: `We must be grateful and welcome scrutiny’

Tiktin, too, said the newspaper “very appropriately” raised questions that the judges and others in the program will work on.

“I am confident that the program is fundamentally sound in its concept and operation,” the judge said. “But we must continually monitor and improve” it as well. “Self-assessment is difficult,” Tiktin noted, but “we must be grateful and welcome scrutiny.”

Dennis Maloney, former director of the county’s Department of Juvenile and Community Justice,” now spends most of his time on “special assignment” for the federal Justice Department, working with states across the country on the “balanced and restorative justice” concepts born in Bend.

Maloney told the audience one overarching them of the effort to better help the community’s troubled youth is that “you don’t solve a problem by giving it away.” And while The Bulletin found cases that showed some teens in the program had gone astray, a few violently, Maloney said, “From the beginning, we never set out to work with anyone who was dangerous and violent. We set out to work with those we felt could be held accountable to the community.”

Theme No. 2, he said: “Redemption is not granted, it’s earned,” through community service, the teens earning trust. One of the things Maloney is proudest of is the three Habitat for Humanity homes built by CYIP youth, “for families who never would have had a home. Not excusing wrongdoers, but earning your way back into the good graces of the community.”

“If we don’t bring the same energy to prevention and intervention that we do to incarceration, we will never get ahead of the curve,” Maloney said, talking of his time spent on two prison siting panels.

Maloney `astounded’ by community’s willingness to `step up’ and help

“There’s clearly a place for locking up people,” he said, but “we’re going to get ahead of crime by making substantial investments in education and prevention.” In fact, Maloney said, states that didn’t undergo a massive prison expansion, as Oregon has, found their crime rates had dropped even more.

Maloney said a positive lesson learned by the many agencies that came together for CYIP is that “if the community is asked to step up, it will. I’ve been nothing short of astounded how the community has stepped up” to help the program, from Brooks Resources and Eagle Crest to the Boys and Girls Club.

While there’s been a “relatively small number of cases” in which youth abused the system, among the 16,000 hours of community service, Maloney also said, “We must redouble our effort to carry out risk management of repeat offenders in the community.”

As for the newspaper’s findings, he said, “We are going to use that article as a platform for improvement.” But he warned, “Others will choose to use it as a weapon.”

Returning home from a prison siting committee meeting, Maloney said he thought about the forecasts of prison populations, and realized the far reaches involve the classmates of his daughter, in kindergarten. So he called state university officials, to see if they were preparing with similar long-range vision – and was told the system is having enough trouble dealing with today’s enrollment, and the next few years.

“Whatever warts we have with this program, and whatever improvements we need to make, what does it say about our society that we have a prison on the drawing board for our kindergarteners, when we don’t have a place for them in a higher education facility?” Maloney wondered aloud. He then promised a “significant mid-course correction” in the Youth Investment Program, to address any concerns.

Victims’ advocate: `Y’all should be extremely proud’

The guest speaker was Anne Seymour, a principal in Justice Solutions of Washington, D.C., who has been to Deschutes County numerous times in recent years to make sure the restorative justice program does right by victims. Sept. 11 has shown, she said, that “victims’ trauma, victims’ assistance can’t be an afterthought.”

During her first visit, in 1994, Seymour said she found “not much going on,” in terms of aiding victims – but she also “found people willing to change.” In eight visits over the past four years, she’s helped to remind those in the system that “victims want to be acknowledged as a victim of crime.”

Little yet important things have helped, such as an information packet given to every victim of juvenile crime, and a version of the Victim’s Impact Act statement that even little children can understand. Thrae’s also a “victims’ satisfaction survey,” she said, to “find out how they were treated by us – acknowledged and treated with respect.”

“Restitution here is a priority, unlike other places – and here, five years ago,” Seymour said.

Next up, she said: A “goal statement” for criminal justice, “specific to victims’ rights and needs and issues – not an afterthought or a sidebar.” She also wants to “get a victim advisory council going, and a community accountability board, with a victim on it, to look at cases and see if youthful offenders are ready for community service.”

Seymour stressed the “three Ps: People, partnerships and priorities,” and said Deschutes County, despite the scrutiny, is doing very well in its progress on issues of victims’ rights: “Y’all should be extremely proud,” she said. “Victims’ issues have become a priority. Victims should not be discriminated against, simply by the age of the offender.”

Knopp: `Jury is still out’ on program’s value, results

Two of the earliest critics of the Deschutes County CYIP program, Bob and De Dee Kouns, are founders of Crime Victims United of Oregon – and they were on hand for the standing-room-only forum, along with the group’s president, Steve Doell, who talked outside the room at length with Knopp and Sheriff Les Stiles.

“I’ve been waiting to see the results of the program,” Knopp said during a break. “I believe the jury is still out on whether it is protecting Deeschutes County citizens and holding people accountable” any more than the state system does.

Toward the end of the morning, two youths who have been in CYIP, Michael, 17, and Scott, 16, spoke to the audience, along with Tom Del Nero, the program’s educational coordinator.

Michael told of committing a burglary: “I broke into a house, stole all the furniture. After that, I got caught, went to community service, probation for five years, got into more trouble.” Eventually, he even helped build the new detention center – but unfortunately, returned to be one of its tenants. The last time he got into trouble, he was sent to St. Mary’s, a “huge residential treatment center in Portland.”

His last time in the CYIP, Michael said he “learned a lot about victims. It started sinking in, gradually. It took years, just to get it into my head.”

Through community service, like the Habitat for Humanity construction, “I got to see people sming for me working for `em,” he said. Cleaning up elderly folks’ yards, he expected they would “see a bunch of criminals working in the yard, and have a gun in the house, waiting for us to mess up.” But as it turned out, “It was pretty cool, seeing their faces light up.”

Youth helped by CYIP: `I don’t ever want to go back to jail’

As for St. Mary’s – which he said, in frank terms, “sucks” – it houses 8,000 or more young wrongdoers, and “only 10 percent make it,” Michael said.

And now, he’s set to graduate from Redmond High in June, then join the Marines.

“I’m doing pretty good for myself,” Michael said.

Scott, a bit embarrassed to speak, said one aspect of the program is to “try to put ourselves in the position of people we hurt,” through role-playing. “Victim empathy was … I just knew I had to do it. The Youth Investment Program made me look at it in a totally different way.”

DA Mike Dugan, in the audience, asked Michael, “I want to know if you learned that you’re not going to go back and commit another crime.”

“I don’t ever want to go back to jail, really,” he said. “There’s a chance that I might, but I’m going to” try not to. Added Scott: “It’s not worth it.”

CYIP official tells reporter, editor: `We will address your concerns

Kelley Jacobs, operations manager for the Department of Juvenile Community Justice, only used a couple slides from her prepared show, covering community and victim accountability.

“I can’t tell you how extremely difficult it was to read that article,” she told Costa and Sinks. Nevertheless, she said, “We heard your concerns. We will address your concerns. You have our pledge to do that.”

“The kids in the program earn the right to leave the facility to perform work service,” Jacobs said. “They are supervised, but they aren’t in shackles.” Due to the concerns raised in the article about unauthorized departure, Jacobs said one question to be focused on his “how do we maintain public safety, improve the system we have.”

Frank Pennock, president of the Deschutes River Woods Homeowners Association, explained how one project, with the youth helping clean up pine needles off seniors’ property, changed some minds and eased some fears.

“Pretty soon, they came out with a plate of cookies,” he said. “These kids were not at all what they expected them to be.”

Changing other minds might not be as easy, but those who are involved in and believe in the Community Youth Investment Program hope they’re given a chance to do things better, before the Legislature decides, probably next year, whether the pilot program is worth continuing beyond its so-called “sunset” date in 2005.

Repeat meth-making suspect could face tougher federal charges

A Redmond man arrested five times in 10 months on charges of making methamphetamine – and freed on bail each time – may be targeted for prosecution under tougher federal laws, a regional drug team official said Friday.

The sometimes revolving door of justice opened once again Thursday night for Bradley Alan Moschetti, 41, and Kelli Marie Huntington, who turned 34 on the day Moschetti, her live-in boyfriend and alleged drug-business partner, bailed her out of the Deschutes County Jail.

“We just walked her out,” said a jail officer who asked not to be named after Moschetti posted the 10 percent security on Huntington’s $30,000 bail; his own bail was $50,000.

Responding to questions posted by bend.com members and others, Lt. Ben Gregory said Moschetti wasn’t held in custody “because under the (state) Constitution, every defendant is entitled to reasonable bail, except in cases of murder or treason.”

“The Oregon Legislature has created a bail schedule for every criminal offense,” although judges can order defendants held without bail in certain cases, such as murder, or cases of parole or probation violation. Other than those situations, Gregory said, “If criminal defendants have enough money, or access to enough money, they can bail themselves out of jail, after they are arrested. Mr. Moschetti apparently has enough money to bail himself out of jail.”

“If he is convicted of a crime, however, he will no longer be entitled to bail, because he will no longer have a legal presumption of innocence. At that point, no amount of money can get him out of jail.”

Pair ‘continue to thumb their nose at the system,’ officer says

“It’s amazing,” he said, “that they just continue to thumb their nose at the system and at society in general.”

But Gregory also said “Moschetti is being considered for federal prosecution, due to his pattern of conduct over the past year. The federal sentencing guidelines provide for harsher sentences, generally, than our state’s sentencing guidelines.”

“The decision whether to prosecute Mr. Moschetti in federal court is ultimately the decision of the U.S. Attorney’s office … (which) is working with the CODE Team, as well as the district attorneys in Deschutes and Jefferson counties, in an effort to deal with Mr. Moschetti most effectively.”

The sentence Moschetti would receive if convicted in state or federal court “depends upon a number of factors,” Gregory said, “including the quantity of methamphetamine being produced … as well as any previous convictions he may have.”

“Our hope is that he will be prosecuted in federal court and that he will receive an appropriate sentence,” a decision up to the judge handling the cases,” the lieutenant said.

Pair allegedly used Bend motel room for meth-making

On Tuesday, members of the Central Oregon Drug Enforcement Team learned the couple were staying in a Bend motel room, said police Cpl. Brian McNaughton. On Wednesday, detectives sought and were issued search warrants for the motel room and numerous vehicles associated with the couple.

Shortly before 2 a.m. Wednesday, Bend police helped the CODE team take Moschetti into custody after a traffic stop at the corner of Northwest Awbrey Road and Newport Avenue, McNaughton said.

About 90 minutes later, search warrants were served at the motel and on Moschetti’s vehicle. A gun, meth and implements used in meth sales and use were found and seized from the vehicle.

Huntington was arrested at the motel room during the raid there, which turned up evidence of a meth lab, including precursor chemicals, glassware and machinery used to manufacture the drug. A stolen trailer with numerous construction tools was recovered from the motel’s parking lot, McNaughton said.

The new charges against Moschetti included drug manufacture, delivery and possession, first-degree theft, being a felon in possession of a firearm, possession of precursor chemicals with intent to manufacture, reckless driving, and frequenting a place where drugs are used and/or kept.

Huntington faces new drug manufacture, possession and delivery charges, as well as a first-degree theft charge.

In December, pair were arrested twice in two days on meth charges

The jail officer admitted it was frustrating to see the pair arrested and released so many times. “The only hope is at the end of the tunnel, they’ll go before a judge who will give them some time to serve,” he said.

Less than two months ago, the couple were taken into custody in front of their home, in the 2000 block of NW Poplar Place in Redmond, on outstanding warrants from their arrest eight months earlier in Madras, also on meth charges. Detectives found evidence at the home of a meth lab, as well as a stolen Jeep Cherokee, Polaris ATV and some tools.

But after the couple got out of jail the next day, they were observed acquiring equipment and chemicals needed to make meth, and determined a second residence, in Crooked River Ranch, was being used as well.

The couple were arrested at their Redmond home – which they had returned to, despite a posted warning about the need to test for contamination from meth-making chemicals. They were arrested again, and released after posting security totaling $8,500, 10 percent of the bail – two days after forking over $2,500 security on their earlier arrest.

CODE Team Det. Robert Short described the couple at the time as “mid-level” meth cookers, producing the drug “in the 90 percent pure range,” well above the average on the street, where an ounce of meth goes for about $600 to $800.

OSP says: Safe, sober driving your best Super Bowl defense

Date: January 31, 2002 Contact Person: Sally Gilpin
Phone: (503) 378-3725 ext. 4106
Pager: (503) 361-5654

SAFE AND SOBER DRIVING YOUR BEST
DEFENSE ON SUPER BOWL SUNDAY

There will be much more at stake than bragging rights and championship rings this Super Bowl Sunday, February 3, 2002. To help keep sports fans and roadways safe this Sunday, Oregon State Police will be teaming up with other transportation safety partners to promote safe and sober driving.
Super Bowl Sunday is believed to be one of the deadliest days for alcohol-related traffic crashes around the nation. According to Mother’s Against Drunk Driving, approximately 60 percent of traffic fatalities on Super Bowl Sunday are alcohol related. In Oregon, no fatal crashes were reported last year on Super Bowl Sunday, however OSP Troopers arrested 17 individuals for Driving under the Influence of Intoxicants.
The Oregon State Police urge football fans and all drivers to put safety in their plans for this Super Bowl and offers the following tips.
If you plan to drink, plan not to drive. Designate a driver, take the bus, take a taxi or just stay home.
If you host a party, ask your guests to designate a driver before the event begins. Serve plenty of food and a variety of non-alcoholic beverages.
If, despite your efforts, one of your guests has too much to drink, arrange for a ride with a sober driver, call a taxi, or invite them to stay over.
Use the toll free number 1-800-24-DRUNK (1-800-242-7865) to report anyone you suspect of being an impaired driver. Provide a description of the vehicle, license plate information, location and direction of travel.

Snow, slides stall Santiam Pass traffic; snow due Super Bowl Sunday

The first weekend of February – and the eve of Groundhog Day – got off to an inauspicious start Friday afternoon, as heavy snow and minor snow slides around Hogg Rock restricted traffic to one lane on Highway 20 near the Santiam Pass, causing a major traffic backup.

Oregon Department of Transportation maintenance workers convoyed drivers through the area with pilot cars, causing the pass to be more of a parking lot for several hours, said ODOT spokesman Dave Davis in Salem. Things looked comparatively fine on Highway 26 over Mount Hood.

By 7 p.m., things had improved, and nighttime traffic appeared to be flowing more smoothly. Chains or traction tires were required over the Santiam Pass, except for cars under 10,000 pounds, but they only needed to be carried on Highway 26 at Government Camp and on Highway 58 over Willamette Pass.

A thin but slippery layer of snow fell across Bend early Friday, a fitting start for the third annual Bend WinterFest (http://www.bendwinterfest.org). No injury accidents were reported, although traffic was down to one lane on Highway 97 south of Sunriver for a while due to a three-vehicle, minor-damage collision, Deschutes County sheriff’s deputies said.

Another 3-5 inches of snow are expected Saturday night and early Sunday in the Cascades, as the snow level drops to about 2,500 feet.

Around the High Desert, forecasters said Saturday would bring more mostly sunny skies, before clouds move in late in the day. Super Bowl Sunday is likely to see snow above 3,500 feet and rain below, before another bit of drier weather. There’s another chance of snow or rain next Tuesday and again late next week.

Bend’s three inches of snow well below January average

You know it’s been an odd January, weather-wise, when Portland and Corvallis had more snow than Bend did – but in between, in the Cascades, a week of tremendous snowfall snapped and bent dozens of trees, closing state Highway 22 for more than a day.

The city of Bend officially recorded just three inches of snow – well below the 11.2-inch average for weather records dating back to 1928. In most years, January is the snowiest month, by far. But in Bend, it was the mildest month so far this winter, compared to the 14 inches of late-November snow and more than 12 inches that fell in December.

Still, only four inches of snow are needed the rest of the season to equal the 33.1-inch average snowfall the city receives, according to those 83 years of weather records.

There was at least a trace of snow on the ground officially for about half of the month, or 16 days. The 1.2-inch total precipitation also was below the January average for Bend of 1.82 inches.

Little snow may have made it past the mountains, but it sure piled up in the Cascades – some places got more than eight feet of snow in just a week, after a fairly dry and warm start to the month that made for mushy mushing conditions during the inaugural Atta Boy 300 sled dog race. (That was better than the rainy downpour the mushers, sled dogs and dignitaries were drenched by on Mount Hood).

While Corvallis officially had just two inches of snow in January, state Climatologist George Taylor said Thursday he saw five inches at his house outside of town from the snowstorms that hit the Willamette Valley last week. Some areas around Portland got even more than that.

’Drought Monitor’ sees better times for Oregon

All that snow has helped greatly alleviate drought concerns, and in fact, the National Oceanic and Atmospheric Administration’s weekly “Drought Monitor” (http://enso.unl.edu/monitor/monitor.html) has all of Oregon out of official drought conditions – a far cry from the situation last summer. Only the eastern third or so of the state even falls into the “abnormally dry” category any more.

“Reservoir storage (in Eastern Oregon) is still quite low,” Taylor said. “As of a few weeks ago, Owyhee Reservoir was only at 15 percent” of capacity.

But things are far better than a year ago in the Cascades and other high-elevation spots. The Deschutes/Crooked river basin is at 8 percent above average in total precipitation and 33 percent above normal in the key “snow-water content” figure – the number irrigators and others watch for the amount of runoff they can expect to fill reservoirs in the spring.

It’s been something of an “all or nothing winter,” as a spokeswoman for Mt. Bachelor put it during a week that saw 1 to 2 feet of snow falling each day. On Friday, the mountain reported 11 inches of new snow in 24 hours, for a base of 139-141 inches. That was great, fresh powder to enjoy as a throng hit the slopes for the 12th annual Free Ski Day Food Drive, bringing in a record 25,000 pounds of food for the Central Oregon Community Action Agency Network.

The recent cold weather in Bend is surely more in tune with winter than a warm spell in early January, when the temperature topped 50 three days and came close several others, with five nights of above-freezing lows. The coldest official reading was a low of just 9 on the 29th, sandwiched between 10- and 11-degree lows.

COCC news: Bruce Babbit visit, Nepal study program, more

Jan. 31, 2002

BABBIT TO SPEAK AT COCC
Bruce Babbit, former governor of Arizona and secretary of the interior,
will speak about the pressing environmental challenges facing America at
7:30 p.m. on Friday, Feb. 15, in the Mazama Gymnasium at Central Oregon
Community College. The event kicks off the 2002 Curious Thinker Series.
A member of a pioneer northern Arizona family, Babbit earned a bachelor’s
degree in geology, a master’s degree in geophysics and later a law degree.
He successfully ran for Arizona attorney general in 1974 and earned a
national reputation as a legal scholar and writer. Appointed by President
Carter to investigate the Three-Mile Island nuclear power plant accident,
he also served as a consultant for other national problems.
Following his term as governor of Arizona, Babbit was appointed secretary
of the interior by President Clinton in 1993. During his tenure, he
drafted plans to restore the Florida Everglades, helped enact the
California Desert Protection Act and negotiated land swaps to protect the
new Grand-Staircase monument and other parks in Utah.
Reserved seats are $24 and general admission is $12. Tickets are
available at Boomtown Records (388-1800) and at the COCC Office of Student
Life. A limited quantity of pre-event dinner tickets with Babbit are
available for $50 through the Student Life office.
The Curious Thinker Series is sponsored by the Associated Students at
COCC, KLRR 101.7 FM, The Source, Boomtown Records and Wild Oats Market.
For information, call 383-7590.
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Jan. 31, 2002
MEETINGS SET FOR COCC STUDY PROGRAM IN NEPAL
Informational meetings about Central Oregon Community College’s study
program in Nepal will be held at 7 p.m. on Tuesday, Feb. 12, in the North
Sister Room of Grandview Student Center and on Saturday, Feb. 16, in
Hitchcock Auditorium.
Nurbu Sherpa, one of the leaders of the program, will present a film and
field questions.
This interdisciplinary program will include two weeks of class
instruction at COCC and four weeks of studying and trekking in Nepal.
Students will earn eight transfer-level college credits in geography and
health and human performance while learning about the realities of living
in a less developed, diverse highland nation.
The cost of the program is $3,200 plus tuition. Financial aid is
available for those who qualify. The registration deadline is March 1.
For information about the courses, contact Michael Holtzclaw at 383-7236.
For information about travel, contact Nurbu Sherpa at 408-6369. For
additional information, access http://www.sherpaoutdoors.com .
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Jan. 31, 2002

COCC CELEBRATES CULTURAL DIVERSITY
Central Oregon Community College will host the second annual Cultural
Celebration Gala in the Multicultural Center from 4:30 to 6:30 p.m. on
Wednesday, Feb. 13. The center is located in Room 151 of the Boyle
Education Center on the COCC Bend campus. The event is free, and the
public is invited.
Representatives from Nepal, Japan, France, Brazil, Scotland, Germany,
Mexico, the Middle East and the Native American communities will be
hosting the event. Entertainment will include a martial arts
demonstration, belly dancing and Native American drummers. Students from
the COCC Cascade Culinary Institute will provide refreshments.
The purpose of the Multicultural Center, which opened last year, is to
foster cross-cultural understanding and communication by providing a
welcoming setting for learning, sharing and connection.
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Jan. 31, 2002

DONATE BLOOD AT COCC ON FEB. 14
The American Red Cross will sponsor a blood drive at Central Oregon
Community College from 10 a.m. to 3 p.m. on Thursday, Feb. 14, in the
cafeteria of the Grandview Student Center. Donors must be at least 17
years old, weigh at least 105 pounds and be in good general health.
Pacific Northwest Regional Blood Services must collect more than 800
pints of blood daily to meet patients’ needs in 90 regional hospitals. One
donor’s blood could directly benefit the lives of up to four patients in
the community because blood is separated and transfused as components.
For more information, call 383-7592.
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Jan. 31, 2002

COCC OFFERS EARLY MORNING GYM TIMES
Central Oregon Community College is now offering early morning basketball
or use of the fitness center in the Mazama gymnasium from 5:30 to 7:45
a.m. Monday through Friday. A Mazama photo identification card is
required.
A Mazama ID card is available for $43 per term for community users and
$16 per term for COCC or Oregon State University – Cascades Campus users.
The card allows access to the facilities during posted open hours for
basketball, indoor soccer and volleyball as well as use of the fitness
center and locker rooms. The card also entitles holders to compete in COCC
intramural activities.
For a schedule and information about purchasing an ID card, call Jenny
Sheldon at 383-7767 or Bill Douglass at 383-7794.
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Jan. 31, 2002

COCC HOSTS ‘OREGON COLLEGE TOUR’
Central Oregon Community College is hosting an Oregon College Tour from 9
a.m. to 2 p.m. on Tuesday, Feb. 19, in the library on the COCC Bend
campus. Representatives from 15 Oregon public and private universities and
colleges will offer admission information for both new and transfer
college students.
Students may attend individually or high schools can bring groups of
students. For information, call Aimee Metcalf at 383-7214.
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Jan. 31, 2002

COCC CLOSES FOR PRESIDENTS DAY

Central Oregon Community College will be closed on Monday, Feb. 18, for
Presidents Day. All classes that normally meet on Monday will meet on
Tuesday during this week. Tuesday classes do not meet this week.
The COCC library, the computer labs and the bookstore will be closed as
well.
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January 31, 2002 COCC Public Service Announcements

Bruce Babbit to Speak at College
• 7:30 p.m. on Friday, Feb. 15
• Mazama Gym, COCC
• Tickets available at Boomtown Records and COCC Office of Student Life
• Info: 383-7590

COCC Closed for Presidents Day
• COCC, including the library, computer labs and bookstore
will be closed Monday, Feb. 18

COCC Hosts Oregon College Tour
• Representatives form 15 Oregon public and private universities and
colleges
• 9 a.m. to 2 p.m. on Monday, Feb. 19
• COCC Library
• Info: 383-7214

COCC Launches Study Program in Nepal
• Informational meetings about 8-credit study program in Nepal
• 7 p.m. Tues., Feb. 12, Grandview Student Center, COCC or
• 7 p.m. Sat., Feb. 16, in Hitchcock Auditorium, COCC
• Info: 383-7236

Redmond man sentenced to prison for sexually abusing girls

A Deschutes County judge sentenced a 40-year-old Redmond man Thursday to more than six years in prison and lifetime supervision for sexually abusing at least four minor females around Central Oregon between 1998 and 2000, police said.

Michael Allen Lyman had been arrested on Nov. 16, 2000 on multiple counts of sexual abuse to a minor child, and more victims were discovered during the course of an investigation, said Redmond police Det. Corinne Pray. While four victims were identified and confirmed, three other girls “were too young to substantiate the charges,” Pray said, declining to reveal more specifics because, in her words, “The victims, they have a lifetime sentence too.”

Lyman was indicted on 19 sexual assault charges, including first- and third-degree sexual abuse and first- and second-degree sodomy. On March 3 of last year, and again on Dec. 6, Lyman was arrested for violation of the court’s release agreement, prohibiting him from contact with minor children. As a result, he remained in custody until his sentencing.

Last month, Lyman, who has worked as a cook, pleaded guilty to three counts of first-degree sexual abuse and two counts of a lesser charge of first-degree attempted sodomy, Pray said.

Circuit Judge Alta Brady sentenced Lyman to 75 months for first-degree sexual abuse, 36 months for second-degree attempted sodomy and 45 months for first-degree attempted sodomy.

Since the sentences are to be served concurrently (at the same time), the longest term, of 75 months (6 years, 3 months) applies. Pray said there’s no reduction in time for good behavior, since they are crimes that fall under the Measure 11 mandatory sentencing guidelines.

Abuser didn’t pose public risk, police say, but can’t have contact with minors after release

The assaults occurred in multiple locations, including Bend, Redmond, Terrebonne and Portland. But Pray said, “The main thing for the public to understand is, this is not a public safety issue. He was not hanging out on the streets, trying to pick up little girls, that we known off. The community at large is not at risk.”

The judge also sentenced Lyman to lifetime supervision, the detective said: “He’s not going to have contact with children until his therapist and parole officer say he can do so.”

“The reason I put out this release is to send a message to other possible victims (of other abusers) out there that we will search this out, and we will take this seriously,” Pray said. “The judge gave him a lifelong supervision sentence. I hope it shows we do care about victims, and we are trying to protect society.”

Builders group, city reach agreement to settle lawsuit

For Immediate Release

From: Ellen Waterston,

City of Bend Communications Liaison, 385-7025

Re: City and COBA Reach Tentative Agreement

For More

Information: City Manager David Hales, 388-5505

Kevin Wing, Executive Vice-President, Central Oregon Builders Assoc., 380-1058

Date: January 31, 2002

BUILDERS ASSOCIATION and CITY REACH “AGREEMENT IN PRINCIPLE” TO SETTLE LAWSUIT

After a month of negotiation, the Central Oregon Builders Association (COBA) and the City of Bend have reached a conceptual agreement to settle a lawsuit filed by COBA over transportation system development charges (SDCs).

The conceptual agreement was approved by the City on Wednesday, January 30. COBA’s Board of Directors had approved the settlement over a week ago.

According to the settlement, the City agrees to reduce transportation SDC’s to $2,600 per new single-family residence. The City has been collecting $3,309 per new residence. In the meantime, the City also agrees to begin the process of writing a new methodology – the “formula” by which the fee is calculated – that will be modeled after methodologies used by a number of larger cities in Oregon. City Manager David Hales anticipates that to be a six to nine month process. The City will also reimburse COBA for legal fees.

COBA and the City have crafted a unique agreement over what to do with the “difference” money – money that the City has been collecting at the higher rate sine July 2000 minus the agreed upon reduction. Both sides have agreed to place the money into a special fund that will be used to construct a road project(s) for the benefit of the entire community. COBA and the City will mutually select the project(s). “We are very excited to have this settled, and excited about being able to build a project that will benefit the community,” states Kevin Wing, Executive Vice-President of COBA. Mike Elmore, Director of Public Works, assures citizens that large projects currently scheduled, such as the Southern River Crossing Bridge or Westside roundabouts, are funded and will move forward without any interruption.

The settlement of this lawsuit allows City Capital Improvement Projects planning to move forward, something Mike Elmore has been eagerly awaiting. “We’ve been on hold pending resolution of this situation,” states Elmore. Over 4 million dollars has been held in reserve for street projects pending resolution. “We will have an aggressive streets project list for this summer,” assures Elmore. Kevin Wing speaks for COBA as well as the City when he states: “This is a unique agreement that came about as a result of some creative thought from both parties. It’s unusual to have a settlement as beneficial to both sides, and the community, as this one is.”

City, builders end bruising fight with developer-fee compromise

The city of Bend and the Central Oregon Builders Association announced a tentative deal Thursday to end their 18-month legal battle over a big hike in transportation development fees – a compromise that rolls back part of the increase, frees millions in held-up city funds and puts a potential refund into a joint public road project instead.

The city issued a joint news release announcing the “conceptual agreement” late Thursday morning, but Kevin Wing, COBA’s executive vice president, outlined the agreement ahead of that. The builders group’s board of directors had approved the proposed settlement a week ago.

In July of 2000, the Bend City Council voted to raise the transportation “system development charge,” or SDC, from less than $900 on a single-family home to about $3,250, along with a formula of fees for other types of development, based on the number of vehicle trips they generate. (An inflation factor increased the charge to $3,309).

But COBA, which had threatened legal action before the decision, filed suit against the city in September 2000, claiming there were flaws in the methodology used to set the new fees – up to 350 percent higher than the previous “road SDC,” as it’s known.

At hearings last fall before Deschutes County Circuit Judge Michael Adler, COBA attorneys claimed the city had improperly included all capital improvements in its formula, not just ones that increase capacity in order to accommodate new growth. And the builders group claimed the city can’t use SDCs to pay for improvements to existing roads.

The city’s attorney, on the other hand, claimed the builders misconstrued the state law that allows such fees, and that it does not say SDCs can be used only to pay for the impacts of new development.

Fee will be cut to $2,600 while city creates new SDC methodology

With the judge’s ruling pending, the city and COBA officials met privately over the past month to discuss the possibility of a settlement. City councilors signed off on the tentative deal during a closed-door executive session Wednesday, as state law allows on issues regarding pending litigation.

The council directed City Manager David Hales to sign a joint letter with COBA officials to Judge Adler, outlining the proposed settlement and asking that he suspend deliberations on the lawsuit while a final agreement is drafted in coming weeks, one that will go to the council for a formal vote.

Under terms of the tentative agreement, the SDC on a single-family home will be reduced to about $2,600 “on a temporary basis,” Wing said Thursday morning. “In the meantime, the city agrees to begin the process of creating a new methodology, along the lines of some concepts that we had sent to and discussed with the city in court – concepts that COBA has been supporting as legal and fair and equitable.”

“Both parties have agreed to sign a letter to Judge Adler, to put his deliberations on hold for the time being, giving our lawyers time to work out the language,” Wing said. “If it breaks down, if we find the devil is in the details and can’t do it, either of us have the right to go back to Judge Adler. But I’m confident we’ll finish working it out.”

Hales said he expects it will take six to nine months to rework the formula, modeling it after methodologies used by a number of larger cities around the state. He also said the city will reimburse COBA for its legal fees.

As for the more than $4 million in collected SDCs that the city has held in escrow, pending resolution of the suit, about three-fourths of the total will be freed up for the city to use on planned transportation projects.

The rest of the money, which Wing said was “somewhere between $750,000 and $1 million,” could have been refunded to builders. But concern arose privately among councilors and others that, since SDCs presumably are passed on by builders in the cost of a home or project, they could reap an unfair windfall – and disbursing it to the property owners instead posed its own legal and logistical headaches.

’Unique agreement’ on what to do with funds – jointly chosen road project

So the two parties crafted what officials called a unique agreement on what to do with those dollars.

“We have agreed to use that money to build a public road project, for the benefit of the entire community,” Wing said. Which project or projects have yet to be determined, he said, adding, “We jointly agreed that it would be the best thing for the city, for the building community and the entire community.” The city and COBA will mutually select the project or projects to be done.

Mike Elmore, the city’s public works director, said the settlement will allow planning for several road projects to proceed, something he’s eagerly awaited. “We’ve been on hold, pending resolution of this situation,” Elmore said. “We will have an aggressive streets project list for this summer.”

The builders group’s official said he does not believe the transportation SDC will be reduced any further, when a new formula is agreed upon in coming months.

The city-COBA settlement “is an agreement to back up a little bit, and go back and do the methodology and necessary analysis to write a legal methodology,” Wing said. Each city or county devises its own SDC methodology, some that builders like more and others they take issue with, he said, “but you have to sort of follow the conceptual model” of what the legislation intended.

On a separate but somewhat related note, some councilors have expressed a desire to use transportation SDCs, first imposed in 1995, not only for roads but for transit, trails and sidewalks. Wing said that issue wasn’t discussed as part of the legal dispute or settlement.

New city manager `instrumental’ in reaching compromise, builders say

Asked about the issue, City Attorney Jim Forbes said the potential for other uses of development-fee dollars “depends on what’s in the SDC methdology.”

There are two components to SDCs – reimbursement and improvement, he said. “Improvement says you have to be building capacity-increasing facilities,” Forbes said. “So a trail that actually takes vehicles off the stret, because people are walking or riding bikes instead, probably could be funded through improvement fees. But it could not be funded with reimbursement fees, unless the SDC methdology specifically says so.”

Wing was asked whether the new City Hall administration had made the difference in resolving the matter, or it arose from hearing each other’s arguments in court. He said it was “a combination of both.”

(By contrast, former City Manager Larry Patterson told The Bulletin after the suit was filed: “I think we’re in a solid position, and that’s what courts are for.”)

Wing said Thursday, “We had tried in the past to approach the city and start a settlement process, and hadn’t gotten anywhere. Certainly, David Hales was very instrumental in getting this done.”

In the joint news release, Wing called it “a unique agreement that came about as a result of some creative thought from both parties. It’s unusual to have a settlement as beneficial to both sides, and the community, as this one is.”

Gov, educators oppose borrowing from Common School Fund

JOHN A. KITZHABER, M.D.
Governor

NEWS RELEASE______________

FOR IMMEDIATE RELEASE Contact: Bob Applegate

January 31, 2002 (503) 378-6496
Jon Coney
(503) 378-6169

GOVERNOR, EDUCATION COMMUNITY EXPRESS OPPOSITION TO COMMON SCHOOL FUND BORROWING, SCHOOL PAYMENT DELAY

At a news conference in Salem today, Governor John Kitzhaber reiterated his opposition to borrowing from the state’s Common School Fund or using accounting maneuvers to delay payments to schools into the next budget. He was joined at the news conference by representatives of the Oregon School Boards Association, the Confederation of Oregon School Administrators and the Oregon Education Association.

Some legislators have suggested borrowing at least $100 million from the Common School Fund as well as delaying the final $211 million state payment to schools until the next biennial budget.

“Use of the Common School Fund,” said Kitzhaber, “would constitute borrowing from the future to meet our current needs. We’ve got to stop putting off the hard choices and be accountable for the programs we want to fund and pay for them as we go.”

Kitzhaber also addressed the concept of delaying the payment of the state school funds for this biennium until the beginning of the next. “This would be a bad idea, even if it did work. But it doesn’t. It creates financial chaos for some districts. And the bottom line is this: there is no way for this Legislature to bind the next. The next Legislature may choose to pay it, pay part of it or pay none of it depending on the financial challenges it faces.”

Kitzhaber urged legislators to consider new revenues in beer, wine and cigarette taxes and to repeal a tax cut passed by voters in 2000. “I urge legislators to consider these options and to balance not only this budget, but create better budget stability for the future.”

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ODFW news: Hearings on draft fish rules, sport halibut season

Oregon Department of Fish and Wildlife
Contact: Anne Pressentin Young (503) 872-5264 x5356
Internet: http://www.dfw.state.or.us Fax: (503) 872-5700

For Immediate Release January 30, 2002

Commission to Hear Public Testimony on Draft Fish Rules

PORTLAND – The Oregon Fish and Wildlife Commission will hear public testimony Friday, Feb. 8 in Portland on draft native fish rules that would direct the use of a more complete measure of fish performance and the use of a science-based, collaborative process to explore opportunities for more flexibility in making management choices.
The goal of the draft Native Fish Conservation Policy is to restore fish populations so they can provide ecological, cultural and economic benefits and to remove the need for protection under state or federal endangered species acts.
The Commission is the rule making body for the Oregon Department of Fish Wildlife. The seven-member panel meets monthly to adopt rules and direct policy for ODFW to implement. The draft Native Fish Conservation Policy is one of several items on the February agenda. Final adoption for the draft policy is expected in April.
Draft guidance documents for the Native Fish Conservation Policy and a companion Hatchery Management Policy were initially released for public review in December. Public comments were reviewed and used to help develop the draft rule language. Several reviewers suggested expanding the comment period. As a result, the Dec. 14, 2001 drafts remain unchanged and available for public review. A staff report provided to the Commission provides clarification and recommends changes to the December drafts. All documents can be found on the following website: http://www.dfw.state.or.us/ODFWhtml/InfoCntrFish/nfcp_hmp.htm .
The Commission agenda includes the following items:
-Directors Report: Commission briefing on the following items: 2002 ocean fishery preview, preview of Columbia River fisheries, monitoring of spring chinook fisheries, Point-of-Sale licensing system, elk tuberculosis, ODFW regional activities, and fish passage task force;
-Revenue and Expenditure Report;
-Salmon Trout Enhancement Program: Annual report;
-Wildlife Harassment: Adoption of rules;
-In-Water Blasting: Amend rules;
-Fish Screening Task Force: Member appointment;
-Native Fish Conservation Policy and Hatchery Management Policy: Commission briefing;
-License Agent and Sport License Procedures: Amend rules;
-U.S. Armed Forces Reinstatement of Preference Points: Adopt rules;
The meeting will be held in the Commission Hearing Room, ODFW headquarters, 2501 S.W. 1st Ave in downtown Portland. Parking tickets may be validated at the second floor information desk.
The Commission begins at 8 a.m. and proceeds through the agenda. Public testimony is heard on the Director’s Report and every agenda item. In addition, members of the public may testify for up to five minutes on items not on the agenda. Sign up sheets to testify will be located in the hearing room lobby on the day of the meeting.

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Oregon Department of Fish and Wildlife
Contact: Anne Pressentin Young (503) 872-5264 x5356,
or Don Bodenmiller (541) 867-4741
Internet: http://www.dfw.state.or.us Fax: (503) 872-5700

For Immediate Release January 31, 2002

Public Meeting to be Held Feb. 7 on Sport Halibut Season

NEWPORT – The Oregon Department of Fish and Wildlife will hold a public meeting Thursday, Feb. 7 in Newport to hear comments on the all-depth halibut sport seasons in May and August.
The International Pacific Halibut Commission set the 2002 allowable catch last week at 1.3 million pounds, which is about 15 percent higher than 2001. With the allowable catch, ODFW and the National Marine Fisheries Service can now move forward with setting the sport seasons. A decision will be made in mid-March.
The meeting will begin at 7 p.m. in the Fireside Room (Room 9) of the Hatfield Marine Science Center.
ODFW seeks comments on the following:
§ The number and dates of fixed open days during the May all-depth season from Cape Falcon to the Florence north jetty.
§ The number and dates of fixed open days during the May all-depth season from the Florence north jetty to Humbug Mountain.
§ The number and dates of fixed open days for the August all-depth seasons from Cape Falcon to Humbug Mountain.
§ “Back up” dates for each of the above fisheries.
Oregon’s sport halibut fishery opens May 1 coast wide, seven days a week, but the fishery is restricted to inside the 30-fathom curve between Cape Falcon and Humbug Mountain. The daily harvest limit is the first halibut that is 32 inches or longer. Anglers may harvest six halibut per year and must tag them on a Combined Harvest Card.
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