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PACT
Responds to ODOT Comments
Citizen apprehensions about highway safety (and costs) arising from the establishment of a gambling casino on Highway 126 at North Fork Road were underscored by two injury accidents last week on Highway 126 west of Eugene. These worries have gone unanswered by ODOT’s responses to public comments. The responsibility for effective mitigation belongs to the governor and his ODOT, but the burden of shortfalls ends up on the County, the affected municipalities and their citizens and taxpayers. Please demand of the governor that he step up to his responsibilities. Recently, Oregon Department of Transportation issued their responses to comments by Florence residents about the plans for allowing the casino access to State and County roads. This is PACT's review. April
24, 2004
OPEN LETTER TO OREGON DEPARTMENT OF TRANSPORTATION REVIEW OF ODOT RESPONSES TO FLORENCE MARCH 30, 2004 OPEN HOUSE COMMENTS BY THE PUBLIC Three concerns provide the backdrop to comments made by the public at ODOT’s March 30, 2004 Florence Open House:
These concerns are substantiated by the previous ODOT finding that “Portions of 126 W have now
reached or have exceeded their original design life, and increased
traffic volumes are creating (or soon will) difficult operational and
safety problems.” (OR 126W
Florence-Eugene Highway Conditions Report – 2001, ODOT, Dec. 2002.)
Based on the State-Tribal Compact requirement that “Traffic improvements shall be
those necessary to maintain the level of service of the affected
highway(s), road(s) or street(s), and to provide safe access to and
from the Gaming Facility.” (State-Tribal
Compact, Section II. B. 4.),
the October 2003 Florence “Casino Task Force Report” had concluded ODOT “must include major improvements to Highway 126 between Eugene and Florence. Passing lanes must be lengthened and increased in number. Slow vehicle turnouts, similar to those developed on Highway 101, must likewise be developed. All bridges between Mile Post 15 and Mile Post 30 must be widened and straightened.” ODOT’s response to the public comments and concerns suggest that its evaluation of Highway 126 needs is incomplete pending a comprehensive highway safety study of the OR 126W corridor programmed for spring/summer 2004. ODOT states that the data and analysis from this yet-to-be conducted study will be a useful tool to inform
Further, rectification by ODOT of presently-recognized deficiencies are scheduled for the future, including improving the Badger Mountain passing lanes (spring 2005) and replacement of bridge rail and replacing existing and adding new guard rail as part of a repaving project in the corridor between mileposts 14 and 26 (2006). Given the study and analysis yet to be done, it is apparent that ODOT is not presently in a position to assure that “Traffic improvements shall be those necessary to maintain the level of service of the affected highway(s), road(s) or street(s), and to provide safe access to and from the Gaming Facility” as required by the Section II. B. 4. of the State-Tribal Compact. In the meantime, these safety problems can only be exacerbated by the casino-generated traffic volume. The State-Tribal Compact further requires that “The Tribes shall pay the
reasonable cost of necessary street, road or highway improvements
determined to be necessary on the basis of the traffic impact study and
Oregon Department of Transportation requirements.” (State-Tribal Compact, Section II. B. 5.)
While ODOT notes that it is the normal practice for a developer to pay for improvements related to access to the development site and the Tribes will pay such costs, it again refers to the comprehensive highway safety study of the Hwy 126W corridor programmed for spring/summer 2004 in stating that “the data and analysis from this study will be a useful tool to inform decisions about the type, timing, and cost sharing of safety improvements such as center line rumble strips, shoulder widening, and turn-outs and corridor safety improvements.” Similarly, the cost of a future signal at the casino location, if found to be necessary, or any other form of acceptable traffic control (e.g. roundabout, interchange) will also be the responsibility of the developer. (Otherwise, the costs of highway maintenance, presumably including necessary safety improvements, will be paid by ODOT with state and federal gas tax revenue generated by road users.) By leaving the proper allocation of necessary highway-improvement costs to future studies, ODOT is failing to insure that “The Tribes shall pay the reasonable cost of necessary street, road or highway improvements determined to be necessary on the basis of the traffic impact study and Oregon Department of Transportation requirements” as required by Section II. B. 5 of the State-Tribal Compact. Unfortunately, ODOT’s responses fail to address the Florence community’s underlying concerns about the detrimental effects on Highway 126 posed by the casino development. Instead, the responses establish that these concerns, reflecting pre-established ODOT concerns, cannot be adequately addressed until the comprehensive highway safety study of the OR 126W corridor programmed for spring/summer 2004 is completed. Nor is it fair to the taxpaying public or the Tribes to leave the allocation of costs for yet-to-be-determined safety improvements to a future determination of their necessity. It is all too clear that ODOT is not yet in a position to identify necessary roadway improvements and determine their cost allocation as envisioned by State-Tribal Compact, Sections II. B. 4. and B.5. Until it is, these State-Tribal Compact provisions intended to protect the public from degradation of highway safety and the taxpayer from funding casino development will go unfulfilled. ODOT’s approval of casino-related improvements on the basis of incomplete information would permit the Tribe to prematurely commence casino operations and the governor to circumvent his responsibility under the Compact to assure the public of highway safety and its proper financing. Susie Dewberry PACT President See: ODOT Response CONTACT
INFORMATION
Governor
Ted Kulongoski 900 Court Street, NE Suite 160 Salem, Oregon 97301-4047 Phone: 503-378-4582 Fax: 503-378-6827 e-mail: representative.citizen@state.or.us U.S. Representative Peter DeFazio 151 West 7th, Suite 400 Eugene, OR 97401 Phone: (541) 465-6732 Toll Free from Oregon: 1- 800-944-9603 Fax: 541-465-6458 e-mail form: http://defazio.house.gov/ContactMe.shtml U.S. Senator Gordon Smith 211 E. 7th Ave., #202 Eugene, Oregon 97401 Phone: 541-465-6750 Fax: 541-465-6808 e-mail form: http://gsmith.senate.gov/webform.htm U.S. Senator Ron Wyden 151 West 7th. Avenue Suite 435 Eugene, Oregon 97401 Phone: 541-431-0229 Fax: 541-431-0610 e-mail form: http://wyden.senate.gov/contact.html |
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