HomeMy WebLinkAboutDocuments Submitted at Meeting
Appeal Of Planning Action 2006-00078 Helman Springs Development
This appeal is unique in that appellants are parties who spoke both for and against certain aspects of the plan,
and certain hearing processes that occurred. We put forward this joint appeal of Planning Action 2006-00078
("PA06-78") to correct alleged errors and omissions in the Planning Commission (PC) decision. None of the
appellants are opposed to approval of this project if the following points and errors are adequately
corrected or mitigated.
Appeals document. Appeal issues have been previously numbered and described in detail in the record. Our
work since filing the appeal has been to build a common understanding and consensus on how to remedy the issues
with solutions bettering the project and neighborhood. This appeal document recommends to council solutions to
specific appeal issues. Quotes of decision sections with alleged errors are shown in italics here. Proposed remedy
replacements are in bold italics.
Nothing to adjudicate. In this appeal, we bring no disagreement among the parties. Appellants met in various
configurations for 12+ hours to develop this consensus appeal with proposed remedies on all issues cited. We bring
you alleged errors and jointly agreed remedies for council approval.
Water Issues Background
Difficult water situation. Most consensus-building time was devoted to water issues. Your 478-page project
record shows many difficult water issues: seasonal and year-round springs, several disconnected wetlands, a leaky
geothermal swimming pool, an extensive, partially documented TID underground water pipe system, a well with no
well log, geothermal water with no filed water rights, a geothermal spring converted to a hand-dug well with
springbox, a cattail wetland overflowing the curb year-round producing algae and slippery pedestrian conditions, an
extensive westside wetland, etc..
Language change from the record: 1. New geothermal language. The PA06-78 record speaks inconsistently
of the well and 'associated spring' as a 'hot spring', 'warm spring', 'hot well', 'warm-water well', 'artesian well', etc..
The well water is warm, not hot (810F), which led to language problems at PC. After PC approval, Sage contracted
for a water analysis. The week before the council appeal hearing, appellants received the water report, which
provided significant new information, altering this appeal document. Water analysis showed that ALL springs on the
property are geothermal springs, with high boron, sulfur, and chloride content. One test pit exception in the
southwest area of the parcel shows a high nitrate content. To remedy record confusion over water type, appellants
. (after much discussion) describe the water here and in council presentations as geothermal water, and all springs as
geothermal springs.
Language change from the record: 2. No cold springs. Throughout the record, the parties treated all but one
of the property's several seasonal and year-round springs as cold springs. Cold springs are gravity-fed from higher-
elevation rain and snow soaking into the ground, flowing downhill underground, and reemerging at lower elevations
as cold water. Water analysis showed no cold springs on the property at the time of testing (August 2006). Other
ephemeral springs may not be quantified within this analysis. All springs analyzed were geothermal.
Language change from the record: 3. Well change. The record shows the geothermal well was 700-1000'
deep, based on anecdotal evidence. Professional testing showed the well was 24' deep, and probably hand-dug.
Language change from the record: 4. West side wetland is a special geothermal wetland. The west side
wetland, shown in the record as a cold spring wetlands, has become a geothermal wetland, with the high boron,
sulfur, and chloride content characteristic of geothermal water. This geothermal wetland holds promise as a special
demonstration wetland to educate Ashland community members as to what a geothermal wetland is, what
geothermal water is, the plants that grow in such water, and how plant and animal life adapt to this special
geothermal ecosystem.
Water-Related Errors and Jointly Agreed Remedies
Error 1a. PC erred in not properly identifying all existing and natural features. ALUO 18.88.030.A.c.
requires existing and natural features to be identified, and for significant features to be protected. PC decision did
not identify all existing and natural features. Instead, Findings 2.7 said that existing and natural features included x
without identifying the remainder.
Finding 2.7 (in relevant part) The Planning Commission finds that the existing feature on the property includes the
wellhead and the natural features of the property include trees, wetlands and a spring....
Jointly agreed remedy. Replace this sentence with the following bold sentences, plus remedies below.
The property's wellhead is a significant existing feature. All trees, springs, and wetlands identified on
the applicant's Outline Plan are natural features. All trees not planned for removal, and all wetlands and
springs not mitigated, in the Outline Plan are significant natural features.
Error 1b. PC erred when Finding 2.7 said 'a spring' is a natural feature without including other springs.
PC findings did not identify which springs on this property were and were not protected under ALUO 18.88.030.A.c.
Jointly agreed remedy. Add to Finding 2.7:
All springs shown in the Outline Plan are geothermal springs, and are existing and natural features. All
geothermal springs not mitigated in the Outline Plan are significant existing and natural features.
Error 1c. PC erred in not identifying geothermal water as a significant existing and natural feature.
Geothermal water itself is a significant natural feature.
Jointly agreed remedy. Add to Finding 2.7: The geothermal water is a significant natural feature.
Error 1d. PC erred in not finding the pool was a significant existing feature. Public testimony in multiple
hearings asserted the pool was properly considered a significant feature under ALUO 18.88.030.A.c. After the PC
approval decision, before findings were approved, PC received evidence via newspaper reporter and subsequent
article that confirmed anecdotal information that water naturally entered the pool. PC decided to not incorporate this
evidence into the findings. (The procedural errors associated with this incident are detailed in the record.) The
substantive error was that PC failed to identify the pool as an existing feature. Not only does the pool contain water
from the protected 'associated spring', the pool itself functions as an existing feature, because water enters the pool
through springs emerging from the pool bottom, and is thus a significant existing feature housing geothermal
spring(s). The pool is human-made, so it is not a natural feature, though it is a significant existing feature.
Jointly agreed remedy. Add to Finding 2.7. The pool is a significant existing feature.
Error 2. PC erred by specifying a common area around the geothermal spring, without specifying size,
dimensions, shape, or location. PC required a common area whose size and shape was unknown. Elsewhere in
PC findings a common area was considered homeowner association property. Here the common area was
unclearly described as if part of the subdivision.
Findings 2.7 (in relevant part). Accordingly, the applicants have proposed to preserve the wellhead and
associated spring in an open space for the subdivision.
Jointly agreed remedy. Replace that sentence with: Lot 18 shall have an easement area around the
geothermal springbox, the size, shape, and location of which are shown on the applicant's submitted map.
Error 3. PC improperly required a vague 'water feature'. Finding 2.7 and Condition 33 required applicant to
build "a water feature served by the associated spring from the well", after finding the "associated spring" to be a
significant natural feature included in common area, open space, and unbuildable area. This condition is so vague
as to be illegal, since the undefined water feature could be anything from a fountain to an indoor spa.
Jointly agreed remedy. Replace the water feature sentence with:
Applicant shall construct a water feature that (1) highlights and presents the geothermal water as a
day lighted part of the open space, (not inside a building), (2) honors the historical character of the
geothermal springs area, and (3) directs the feature's geothermal water into the west side geothermal
wetland.
Traffic Mitigation Errors
The issue is mitigating subdivision traffic impact on neighborh'ood public safety and street improvement costs.
Legal authorities. Legal authorities for this error are ALUO 18.80.020.8.7, and the requirement to mitigate
identified negative impacts on public interests such as public safety and street improvement liens on neighbors.
ALUO 18.80.020.8.7. [in relevant part] Access to subdivision. All major means of access to a subdivision
or major partition shall be from existing streets fully improved to City standards...
This code requires that:
1. Existing streets, not just new streets inside the development, be improved to City standards.
2. Access street improvements include ALL major means of access, not just one primary access route.
Error 2. Appellants Stout and Bullock assert PC error in (2a) not requiring as a condition of development
approval for all access streets to be upgraded to city standards and (2b) not requiring developer to share
the expense of street improvement costs as traffic mitigation costs. Helman Springs Development has 2
vehicle entrances (Otis St and Randy St), and 3 major means of access (1 =south on Drager, 2=west on Otis and
Laurel and 3=west on Randy via Laurel). Laurel Street, a major access street, has a proposed LID that's 2 years
behind schedule. Full documentation on this error and proposed solutions are detailed in the record for these errors,
and is incorporated herein by reference.
Old non-remonstrance LID policy. Traffic mitigation errors arose because an old policy has stopped without
replacement. Past planning approvals required developers to mitigate their traffic impact by LID participation and
signing a non-remonstrance agreement. These 2 approval conditions forced the developer to financially participate
in bringing access streets to city standards through an LID without the power to vote to object (remonstrate). This
policy used the LID mechanism for a developer to pay 'their fair share' for traffic mitigation.
Old LID policy stopped. Bullock presented to PC (and Planning Dept ("PD")) that non-remonstrance
agreements are constitutionally illegal, as a property right taking under the Bill of Rights and Dolan v. Tigard,
improperly denying property owners the right to vote. Separately, in May 2006, Plaza St LID demonstrated that non-
remonstrance agreements are not binding. Under Resolution 1999-09, a developer has the right to object, though
their signed agreement says otherwise. In the 125-lot Nevada St LID, currently before Oregon Court of Appeals, the
developer had a single-person majority vote, with 69 lots. This now clarified voting power enables developer(s) to
stop an LID after signing a non-remonstrance agreement, even if their subdivision is not attached to improvements.
No policy replacement yet. Because of these issues, PD and PC no longer require LID financial participation
plus non-remonstrance agreements to mitigate traffic impact and upgrade access streets. PC held a study session
on this issue, and requested Council to establish its new policy on appropriate use of LIDs and non-remonstrance
agreements. At this point, Council has not decided on the new policy.
Rock and a hard place. This policy gap between old and new puts PA06-78 in a difficult situation. The prior
policy to mitigate traffic has stopped, and a replacement policy hasn't been decided. This subdivision's traffic impact
is not mitigated, with no framework to provide same. Options proposed to PC, PD, and Council await the decision.
Jointly agreed remedy. After much discussion, appellants propose these remedies as approval conditions for
PA06-78: (1) Council shall establish, on an expedited and timely basis, its new policy regarding the appropriate use
of LID approval conditions and non-remonstrance agreements or other options to mitigate subdivision traffic impact.
(2) As part of final plan approval, based on a plan submitted by PD staff and/or applicant, PC shall require mitigation
of traffic impact as an approval condition within the guidelines of council's new traffic mitigation policy.
Procedural Errors
Procedural errors were numbered and detailed in records documents, which are incorporated herein by
reference. Although some procedural errors are cured by the de novo appeals hearing, they deserve council
attention because they are systemic to PC's and council's planning process and could be repeated if not addressed.
Errors Resolved By Relatively Simple Wording Changes In the PC Order
Error 3a. PC improperly changed mid-process from treating the application as having one applicant to
two. The caption shows one applicant, Sage Development, LLC. PC's decision changed language mid-process.
Finding 2.7 shifted from the legally correct singular to the plural 'applicants': "The applicants have agreed that the
wellhead is a significant existing feature and the associated spring is a significant natural feature as defined in the
Performance Standards Options Chapter 18.88." This ambiguity, if not resolved, makes it difficult to clearly assert
the extent of PC's legal authority over different aspects of its decision, since in some places the findings, conditions,
and conclusions refer to applicant, as if the decision only applied to one of multiple applicants.
Jointly agreed remedy. This and other references to 'applicants' should be changed to one applicant. Sage
clarifies for the record that Sage is, and has been, the agent for Sylvia Chambers for the entire parcel, so there is
only one applicant. Findings 2.7 should be reworded as in the next example.
Error 3b. PC improperly asserted as findings what applicant agreed to. "The applicants have agreed that
the wellhead is a significant existing feature and the associated spring is a significant natural feature as defined in
the Performance Standards Options Chapter 18.88. "
This is an error because (1) finding what an applicant (or appellant) has agreed to is not material to conclusions
based on the facts, (2) it affects applicants' and appellants' status to appeal those findings, and (3) it is a slippery
slope, subject to abuse, by finding the applicant agreed to something that the applicant or appellants did not agree
to, or agreed to in one context that later changed, etc. by asserting that someone agreed to the conclusions,
thereby avoiding the requirement to base conclusions on record facts.
Applicants, property owners, and appellants have a right to disagree with any finding that improperly quotes what
was agreed to, or which is outside the context being agreed to at the time. It is improper for PC to make any finding
or condition asserting what someone agreed to, rather than simply asserting PC's finding or condition. Given that
higher appeals (LUBA, Court of Appeals, and Oregon Supreme Court) normally accept findings as fact, improperly
asserting what someone agreed to might be misconstrued as removing the right to appeal the finding. PC has
jurisdiction to issue its own findings. PC lacks jurisdiction to make findings of "agreed to" that limit appeal rights.
Jointly agreed remedy. Finding 2.7 should remove references to 'applicants have agreed' and simply assert
PC's findings, as:
"The wellhead is a significant existing feature under ALUO 18.88.030.A.c."
"The associated spring is a significant natural feature under ALUO 18.88.030.A.c."
Error 3c. PC's decision improperly shifts quasi-judicial decision authority to city attorney. It's improp~r
for city attorney to have approval over the conservation easement or deed restrictions. Extensive references on the
separation of powers cases previously submitted to City in Nevada LID court case are incorporated herein by
reference. Conservation easement approval should work the same as the utility plan, tree protection plan, etc. and
be submitted as part of the Final Plan application for PC approval. PD and city attorney should review the
conservation easement!deed restrictions, and work with Sage to prepare an acceptable conservation easement!
deed restriction. Only PC, the quasi-judicial body should have final decision authority, which should be at Final Plan.
Jointly agreed remedy. Remove the 2 words "and approval" in Condition 33, Sentence 3. Add: The
conservation easement! deed restriction shall be submitted to PC for approval as part of the Final Plan.
Continuing Issues Deferred To Final Plan
Based on the developer-neighborhood working relationships, several issues were deferred to Final Plan approval:
1. Fencing.
2. Planting required trees.
3. Storm drain runoff.
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Water & Sewer
SOC Update
C.ITYOr
ASHLAND
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Water & Sewer SDC Update
Project Report
Ashland City Council
October 17,2006
What Is a System
Development Charge?
. An SDC is a one-time charge
imposed on new development to
equitably recover the cost of
capacity needed to serve new
customers
. Key characteristics:
Q One-time charge, not ongoing
Q Calculated and used for capital only
Q Existing and future cost components
2
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Calculation of SDC Elements
. Reimbursement SDe
o Buy-in to existina facilities capacity
. Improvement SDe
o Buy-in for planned future facilities
capacity
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SOC Update
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. Setting the Reimbursement Fee
,
INPUTS I
Original facility cost~
via A$hland's fiXlld"'"
asset schedule
P~;~~~~~:~~ty ~
capacity still available for ~
new users
CALCULATION
Numllrator is the value of availablll
capacity
Exclude contributlld
capital (developer
requirements,
grants, facilitills
supported by ad
valorllm or F&B tax
Denominator is the customer base
served by the system, converted to
HSF, fixtures or meter equivalents
Exclude outstanding
principal for facilities
being built through
revenue bonds
~
REIMBURSEMENT FEE
Cost per unit
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SOC Update
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2
Setting the Improvement Fee
INPUTS
Planning
projections
~
ALLOCATION
Costs solely due to the
need for additional
capacity to serve new
users i~
Portion of capital costs
for improvements
reasonably shared by
existing and future users
CALCULATION
Numerator is the total cost of
planned capacity-increasing
projects
Evaluation of
existing system
capacity
Denominator is projected growth In
HSF, fixtures or meter equivalents
Future service
demand based on
projected
development
~
List of capital
Improvements with
cost estirnates
IMPROVEMENT FEE
Cost per unit
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SOC Update
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Summary of Directions
from SDC Committee
· Residential SDC based on habitable square footage (HSF)
· Commercial water connection SDC based on meter size
· Commercial sewer connection SDC based on fixture count
. Replace brackets in SDC calculation with actual HSF
. Consolidate SDC funds from 5 to 2 (one water, one sewer);
distinguish between reimbursement and improvement
within each fund
. SDC Committee to meet annually to review SDC project list
and expenditures
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SOC Update
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SDC Update
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Water & Sewer
SDC Update
Summary of Directions
from SDC Committee (cont)
· Cost allocation between existing and future ratepayers for
larger projects such as TAP; transmission feeder to plant;
main feeder to Crowson:
a City has used its best engineering judgment in making these
allocations and the results are reasonable
· Basis for allocating costs between residential and
commercial:
a Sewer - relative percentage of average dry weather flows
a Water - relative percentage of meters in service
· Reduction in sewer SDC due to two factors:
IJ Sewer CIP is small ($2.73 million; $1.36 million for growth)
D Largest sewer asset is upgraded membrane filtration treatment
plant, funded through food & beverage tax without sewer
utility fee or sec funding; not considered sec eligible
7
Proposed Revisions
Since Last Council Briefing
· Some project costs need to be
revised
. New projects need to be included
· Include cost of feeder line to
Crowson under reimbursement
. No methodology changes
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Waler & Sewer
SDC Update
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Waler & Sewer
SDC Update
Project Cost Revisions
. Transmission line feeder to plant
changed from $1,083,000
SDC-eligible to $983,696
. Main feeder line to Crowson is near
completion so it will be included in
the reimbursement portion of the
SDC
9
New Water Projects
. Line replacement, upsizing and
distribution system improvements at
$1.45 million
CJ $362,500 (250/0) is SDC-eligible
. SDC-eligible engineering and
construction management
contingencies at $3,058,609
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Water & Sewer
SDC Update
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Water & Sewer
SDC Update
New Sewer Projects
. Thermal improvements at $1 million
o $125,000 (12.5%) is SDC-eligible
· Line replacement and collection system
improvements at $1.35 million
a $270,000 (20%) is SDC-eligible
. Engineering & construction management
contingencies at $4.54 million
o $971,000 (20% and 25% respectively)
is SDC-eligible
Revised SDC Calculations
Water
11
12
6
~4'
w.ter & Sewer
sac Upd.te
Water Reimbursement Fee
BaSs for AIIOQflon To eusfom.. Casses:
Current Equiwlent W' Meters in SeNce
Percentages
Calculation of fl. Value of Capacity Ava/lab/em Serve Grow&'l:
Original Cost
less: Accumulated Depreciation
less: Bool< Value of the Hosler Dam
less: Grants
less: [)eo.Mloper Contributions
less: Principal Outstanding on Long Tenn DeIll
Series 19n Water General Obeigation Bonds
Sari.. 1997 Flood _ Rafunding Bonds
Series 2003 Water Rewnue Bonds
Net Rate Payer Irwestment in Capacity Awilab5e to Serw Growth
Calcultlflon of Future Demand:
20 Year Forec:ast...Restdentia4 Habitabte Area (Square Feet)
20 Year Forec:ast...Conmercial EquNaIent Met8fS
Commercial &
Residential Institutional Total
7,114 1,960 9,074
78.4ll% 21.60% 100%
25,859,286.21 7,124,571.41 32,983,857.82
(7,398,192.23) (2,038,298.68) (9,436,490.91)
(59,n9.87) (16,470.13) (76,250.00)
(78,399.82) (21,600.18) (100,000.00)
(944,717.86) (260,282.12) (1,205,000.00)
(4,139,510.69) (1,140,489.31) (5,2S0,OOO.00)
13,238,685.73 3,647,430.98 16,866,116.71
18,167,869
2640
Calculllled W.... Relmbunement F..:
~~~==';;;'::::::::::::::::::::::~:::::::::.~..........~:~...$
Water Improvement Fee
~..
..."
W.ter & Sewer
sac Upd.te
""eIorANooatM To CUIIIo",.,.a__
Currw1t EquiI.eIert %~ Met... in SeNee
Pert:enl:.ges
Clilout..OIt oflll. V-'u. 0I~", Awl'..,.... Serw Growffl:
Fun.. Project Costs AttriWiIbIe to Growtl\"
TAP beyond T..,.,
TlW'lmiuion line (RHder to Pa.rt)
I-bsIer OIIm St_fty AnalySIs
lost Cntek Will. AigH:. (additionII)
Hosler o.m SeaJrity and T-'emetry
Sludge Lagoon Imprcr.ement:.
WrAer Tre81ment Plan! Filtw Impl'O'lemens
ReV- O1Iorine-Hypochlolide
PIati and Process ImplO\llllTlert5
FilletS 7 .nd 8 New
Wat....i... Replacemert - Gfan/te
Fire Fklw DistrlblAlon Reserclir
Crowson-Airport-E. M.m I...oop
Replace St'" Une Tetmee; ln1gation Ditch to Lowe
Upsize Unes -' Maple, Scenic & Chestru:
Replace Liw Str-..berry to Graf1lNew
Upsize Maw. on Wlmef-Swv'lyo.eew
New line Benson Loop
Upsite Unu - Euclid, Prospect, Fern, Roc.
Up5ize M.1'lI on Tolm." Creek
~ Steel Une on Siskiyou
HerNI ~ Lne Upslzing
other Une UpsiZing
Engineering Cost
Construction Mgmt Contingency
Totlll Growth Relilted Costs
c.louI"oft tit Fu,.". o.._d:
2IJ Y..,. Forecast.., Re5identi.1 HiIbitiIble Area (SqI.*e Feet)
20 Year Forecasted Growth in Equi....ent Meters
Comm..a.l &
~ Instltutlonill Tot.l
7,114
78."'"
1,"",
21.EIO'IIo
9,074
""'"
$ 3,189,893 $ 878,857 $ 4,066,750
771,216 212,480 983,696
391,999 108,001 500,000
29,400 8,100 31,500
9,408 2,592 12,000
"7,0040 12,960 60,000
58,eoo 16,200 75,000
188,160 51,640 240,000
3043,979 904,771 438,750
108,388 29,862 138,250
194,040 53,0460 2"7,500
38,416 10,5&4 49,000
27,440 7,500 35,000
41,000 13,500 62,500
19,600 5,400 25,000
49,000 13,500 62,500
38,416 10,5&4 49,000
53,900 14,850 6e,7S0
73,500 20,250 93,750
31,360 8,640 40,000
137,200 37,800 ----ns:ooo
147,000 040,500 ~
~ 287,963 1,333,150
1,352,757 372,702 1,725,459
$ 8,395,0961 $ 2,312,9591 S 10,708,055
",475.432
650
13
14
7
Revised SDC Calculations
Wastewater
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Water & Sewer
SOC Update
15
Wastewater Reimbursement Fee
Basis for Alloca1ion To Customer Oassu:
211- Year Plan (Year 2023) A"'l1lge Illy Weather Wastewater Flow (MGDr
Awrage Dry Weather Flow Percentages
Calcu/mon of the V.'u. of Cap<<ity A val/able to SelYe Growth:
Original Cost
less: Accumulated Depreciation
less: Grants
less: Contributed Capital (City Ibod and be"'l1lge tax receipts)
less: Principal Outstanding on Long Term Debt:
EPAlDEQ State Re",l~ng Loan ProQl1lm (fed. CFDA No. 66.458)
Net Rate Payer Imestment in Capacity A\Gilable to Sel'\e Growth
Ca/cu/crtion of Future Demand:
20 Year Forecast...Residential Habitable Area (Square Feet)
20 Yeat Forecast...Commercial Fixture Counts
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Water & Sewer
SOC Update
Commercial &
Residential Institutional Total
1.90 0.68 2.58
74% 26% 100%
36,643,246 13,114,425 49,757,671
(4,050,653) (1,449,707) (5,500,360)
(8,785,659) (3,144,341) (11,930,000)
(16,632,189) (5,952,573) (22,564,762)
7,174,745 2,567,804 9,742,549
18,167,889
42,237
60.19
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Dear Councilors and Mayor:
..~ .--"l:-----..-~~_..--._:....__....__
I'm concerned about the animals in Ashland who are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting att~cked by animals, OT dying of heatstroke.
Jackson County allows animals to be tied for their ,entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to ~ake this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By
also help people. Chained
likely to bite
barking
are.
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Dear Councilors and Mayor:
I'm concepned about the animals in Ashland who are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting att~cked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and oth~r animals
at their homes.
By doing this, you
l1uisance. Thex'.re
help people. Chained dogs are often a barking
likely to bite r dogs are.
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland '-'Iho are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, OT dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a la,-" to make t~.is kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
g
also help people. Chained
more lik~ly to bite
often a barking
r dogs are.
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland ""ho ar'e tied up at their homes
for el<cessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting att~cked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their home.s.
By doing this, you
f1U i sa nee . Th~y' '" re
also help people.
likely
often a barking
I'" dogs are.
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Dea~ Councilors and Mayor:
I'm concerned about the animals in Ashland "'Iho ar'e tied up at thei~ homes
for excessive pe~iods. They suffe~ loneliness, frustration and bo~edom.
They also ~un the risk of strangling to death, getting abused by kids o~
adults, getting attacked by animals, OT dying of heatst~oke.
J~ckson County allows animals to be tied fo~ their enti~e lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily ~estrict the tethering of dogs and other animals
at their homes.
By doing
help people. Chained dogs are often a barking
likely to bite peoRle than oth ~ dogs a~e.
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland I,.\lho are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the-risk of strangling to death, getting abused by kids or
adults, getting att~cked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should \
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By
help people. Chained dogs are
likely to bite than oth
barking
are.
.\'OltL~ Q) SUl-\. ~
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland who are tied up at their homes
fbr excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kid.s or
adults, getting att~cked by animals, .OT dying of heatstroke.
Jackson County a1101,\1S animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should.
have to endure. Please pass a law to ~ake this kind of animal abuse
illegal. Please heavil~ restrict the te~hering of dogs and other animals
at their homes.
By doing this, you
lluisance.
also help people. Chained
to bite eOAle
often a barking
r dogs are.
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland who are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By
also help people. Chained
likely to bite
are often a barking
oth~r dogs are.
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Dear Councilors and Mayor;
I'm concerned about the animals in Ashland who ar'e tied up at their homes
for excessive periods. They suffer loneliness. frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting att~cked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By doing
help people. Chained
likely to bite
ba rk i ng
CJ '~..,~O ~ f\ lk r~J btO l,L~ , -A<< <:.11lJ\L/ A- ",
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland I)lho are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting att~cked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
a t the ~ r homes~.
By doing this, you
l1u i sa nce . They' ' .re
also help people. Chained
likely to bite
often a barking
dogs are.
vest
f'Ji' OJl€.-.- H-uvl J2.J
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---
Dear Councilors and Mayor:
I'm concerned about the animals in Ashland 'Mho are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By doing
often a barking
r dogs are.
(\rt 1\MWYM.~
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News.
Ini ~:~ Siskn,ou
~~__~.I ____
Octo,Eer 16, 2006..J
Local woman raises awareness of animal treatment
requirements, dog noise, im-
puund.nent procedures and the
right of entry.
Rosen and Heminger met
with the mayor in early Septem-
ber. Rosen said the mayor was in
favor of their proposal and that
it needed to be refined before it
could be made into law,
The mayor is concerned that
tethering laws, if not specific
enough, could lead to animals
being left in
,even more
compromised
situations.
He felt there
needed to be
of space re-
quirements
where animals
could be kept.
The proposal
originally was
more elabo-
rate and included such require-
ments, but after a meeting with
former Police Chief Mike Bi-
anca, Rosen and Heminger were
encouraged to cut their proposal
down in order to make the ordi-
nance enforceable,
Rosen said Bianca "watered
a lot of stuff down" in order to
make the proposal more likely
to pass.
The reasoning behind the
proposal is extensive and is
meant to benefit both animals
and humans.
"Chained dogs are three times
more likely to bite than those
that are not," said Rosen. The
proposal would also help pre-
vent barking nuisances, Rosen
stressed the need for the tether-
ing laws and the safety of dogs
as well. She said tethered dogs
are vulnerable to heatstroke
and dehydration, broken limbs,
strangulation, and gangrene.
In an article published in the
Ashland Free Press and written
by Rosen, Executive Director
of the National Animal Control
Association John Mays said,
"Often dogs get uncomfortably
wrapped up on their chains~
By Bryan Messmer
The Siskiyou
Last Tuesday; Barbra E,.
Rosen stood outside the Ste-
venson Union dressed as a dal-
matian holding a sign that read,
"Friends don't chain friends."
Rosen is an animal rights ac-
tivist fighting for the rights of'
animals in Ashland.
The dog suit and sign were
an attempt to
gather more /' ./
signatures for
Rosen's peti-
tion that would
amend Ash-
land's Munici-
pal Code to limit
the tethering of
animals and im-
prove treatment
of animals,
Rosen,
along with her associate Mark
Heminger, have collected more
than 2,800 signatures since they
started their campaign in De-
cember 2005, Rosen has been
,speaking at city council meet-
ings for the last eight months
and writing weekly e-mails to
the mayor, pushing her goal of
. amending the current anim~l
tethering laws. ,
Rosen has been a journalist
and an animal activist for more
than 20 years. She has been
published in magazines "Dog
World" and "Dogs Today," but
said, "I care about all animals."
Rosen and Heminger drafted
an extensive proposal to amend
the municipal code. The first
change, and the face of their
campaign, proposes "It shall
be unlawful to tether animals
for more than two hours in a
twenty-four hour period. Tem-
porary tethering of equines,
within reason, is exempt from
this ordinance." The proposed
ordinance addresses the manner
in which animals are allowed to
be tethered, followed by issues
concerning control of vicious
dogs, animals in vehicles, leash
~
I just want him
to taste freedom
before he dies.
-Barbara Rosen
~ C LC) >>jC~1lV
L ~)t2L~ r _ ('[:L 9-f '(Q
L-P lt~t~ kx{~
~ r:'J.4-L~
J,C ~~Yo
[~~I
C6t1~GrR
FRIE
DOj
CH~
AlE
^ eSee.tac"
""~'J...m.
'Ilkl Wllsonrrhe SISkiyou
Barbara Rosen campaigns in the SU courtyard last Tuesday hoping to gather signatures for her petition of
anti-tethering laws in Ashland,
them to collect signatures and
further their proposal. It is im-
portant to get their proposal
passed before January when a
new city council is appointed,
Rosen is fairly confident that
the proposal will be passed. She
said she is. almost positive it
will pass, but just doesn't know
when.
Former Ashland City Coun-
selor Jack Hardesty, who passed
away in May, said ''I'd like to
see an ordinance happen. Dogs
shouldn't be tethered indefinite-
ly."
It is important to note the
proposal does not make it il-
legal for people to tether their
Some start strangling, or even
end up with broken limbs."
According to Rosen, there
have been cases in which hu-
mane workers have witnessed
dogs that have forgotten they
were chained and jump' over
fences and hung themselves, and
there are cases where dogs were
tethered on second story bal-
conies and have fallen off and
died. In the same article, Randy
Giron, a Jackson County animal
control officer, said, "Chain-
ing dogs around the clock is a
lot more common than people
think."
Rosen and Heminger have
about five people working with
animals a.way from their' own
home, it would still be legal to
tie up dogs outside or stores of
friends' houses.
Rosen knows of several dogs
in Ashland tied up currently and
she hope to get the proposal
passed as soon as possible. In
reference to one dog, Rosen
said, "I just want him to taste
freedom before he dies."
Rosen will likely be outside
the SU Monday through Friday
of this week from about 11 a.m,
to 2 p,m. gathering signatures
for their campaign and educat-
ing people of the current animal
tethering situation in the com-
munity.
-- -