Loading...
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. ..... IF..., Water & Sewer SOC Update C.ITYOr ASHLAND r~' 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 1 ,- I Calculation of SDC Elements . Reimbursement SDe o Buy-in to existina facilities capacity . Improvement SDe o Buy-in for planned future facilities capacity _.11 w..... Water & Sewer SOC Update 3 . 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 _.11 W..... Water & Sewer SOC Update 4 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 ~.i' Waler & Sewer SOC Update 5 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 .... IF_ '1 Waler & Sewer SOC Update 6 3 1" I ~.. r.. ... Water & Sewer SDC Update ~4. r..... 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 8 4 ~.t. ., Waler & Sewer SDC Update ~.t. ., 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 10 5 '" I ~~, Water & Sewer SDC Update -.. r..-, 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 ~.t. 1 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 ~4 .... 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 16 8 ~ CD - - co > Q) ::J 0) o a:: CD ..c ......., c -- CJ) o o C/) - - co L- CD > o c o '- ~ Q) ro .... 1:: ro 0 == .... .... a. E Q) Q) (/) (/) .... .... :> C ..lo::: o ro :> ro .... U5~~.=~ ..00. o o L() ('I") EA- o o o ('I") EA- o o L() N EA- o o o N EA- o o L() o o o o o L() EA- T""" EA- T""" EA- .c QiC/) -':ro rou. ~ "'0 .... .E "'0 Q) ~ .... C o 0.. ro .... - C Q) () Q) 'S; C o C/) ~ (.) ro ...., "'0 C ro .c C/) 1<( - C Q) ro ..- .~ C Q) o .c 0.. - C '0 0.. .!!2 ro W C/) C/) ro 0.. C/) - c ro .... o EA- TO I oc.+o h:r / (p) JOO G .~ ~i.U'-ci\ot"s) Mcuaor ~ ~'~ A&vn(I1I'~ior .-nf- ~~tes+S (L~ fdl ~ ~. ~:2' j new o\'\~ i\'\ -r~ts 6~, . So -{'a.X') J Y~5 ~. l€.- eLr€- 05KiI~ ~ -to.hdp'Ash~Qrt1ls c.hu~~ \ . t \". '-DleGLs'e. a.d sOC) ~,\,. K(\vi LYJ G4t\hUrl... "-t7^<-.., . (A...,f\ l f 1 \e<L ~, \ r'- ['J.tt '11.iL11~ MOv\<e. \-~s. t.UQ.k~ d. Uc ks. .~ e.. It ~ \ + \'\0 ~ I o.~ 9 w-z <" <la. VI b~ ~*\~. uJe-rt-Dv) Qa.V\ ..)'ttttn, ( . \J)- -1~ 0 V\ '^- y-o~~. ~Ll~ to s e To cx.OC r C{" ! 0) Qan. . ~~ ~~ at: .herl~irok .\J~ \,(}Q (J e + e \ ~y\~\ q. u-f Ct v\ c~ (1 r> f(.J. ~1/C1- \~LQl\. S~h'tl+er o r ().}..,...L ("-ref' .:J o . I' I (u I I ( I \b~\ Iov&< ~t. A.,q(,V-~ID.. 'flSz.c ~q~ Gc~y-~ w~ 97'1J.(; -- . - - '-~ '1 ~~ ~ a..~~ \,S~~ ~,~""%) '17SdJD -- oZLt.tj' , y {t-l 97S~ ~ 7/ ~U/P1 j /)"" . Cj" .{'":La {O/oG.. ~,^\e.\\Nee{c ~(uj fVt~ - -. o ~'< 3 \?..::l' ~~l'\lC\\It'" to () ~c 'X 11) V' J-A1 f~ ~ j ;' 3'71 13ue>tr 'v-"?v(. /~ A6&' l Of tic, ! D( () <: :t.- k~ .. "" &7\ < h (e-t Vl .to" o\,:;, "3 1. 6 G'-1 A.. ! /~-- '- i) -f T': /(.JfI L4'v.t) -~ ~~i V"~ I J-/ IJ f' it (~t/ ) i I J . { I ( l I ~. ~ I?? t-I/a r ~L-"" L ~. I-/brs- i ~11 tm Jo--z. \0 -b \( I. . 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. ~Q\ \(J ~n n '1 M--o tv\f)-5 f<t, f..,,(, I WS lojo~/olu @.f?.'l ~eot>l E...\e {\ a Rose ~ lrr 1 to lOll \0 W v/~ ,of ~ j,,:J/ /"' l~o~ b1 s - f,o(o 192-bo1 \ ~~ - ~1'?:>7 30 \ --5,305 - ;} 76 11 f 1- lv-r i f y- ~f - 9~ ry/ otjD 6. )--h \~~\\~~4 \ 0'\ L\ ~ ~ \ . L-l I I \ .........! V . , "I. #' f~/ 1/ r fJlvl'\ Fer;- Lf""((o -15!( ,( t1~,( d ?"~ /cell to () 00 w. t.. :2-c~ ~ ~lS tibet (d lA.-~~~ Sio ftA/ ~~ ~l~~ q~<iJ EfYkMn St- r4j iAtJ{c{ ~ (!f-('1b/l-r. E. /jJ1Al'L- CrILt~T7t. G!J/Yl , hot- ~ If V '-. b " 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. dOC) ~~t!~ ~I~.J 0 ",()e:) ~o4 , tLYS 301 &-I\N 6-tJ '\ 1\ W::Nl 0 L<I K r~yJ Q'32 Kc..,h ~~ ~ hA.e,Jh, J 6 ( 17951 71j, CU. 4J..kv 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. IW \~ YY\sA (ec...lc.~ L \ h <...<:1 \ ro.. lo/d\" ~1:AJ ~~J hE"0FCJA2j) ~/O/ It/db LEJ4j() AJE V ELJ::- 67'l- 73'Y- 9Y/OL C\Ol S~ ~ A-$~ Q(L q"L S:J...O t ~ ~ S--8'" ~ ""- i'c.\ 0\ 3333 1 r J-. /) J 1?:J~D 7f3o Wt1pf;f C~.l?d. 1ALe~T tJ/f: L~ ~c- Cl v-cJ2. \ aM J A~\J O\J I I - -r)~ tv vi FirL. tALI . t/ ~-..J.r'- 7 H <1 . 4(" 103 ~ r~LJCL-rV\~. ~L.. t\.1L{~ o S~~ l fV.. 1!x- I ~ I Lt~ Si - As kt~lVtf)( (J(Z l-tAl tJ /?; fGIJ w;J ~ V\tVV:- 5't l~e.- ~ ~l5 l) 14-;e:' Pi~ 'fefT'~ ~1~ tOlD ~.. /0 ~ '2.. 7?~4C--:;te6~ ~ ~~ ~rto m<t'^.\" ~~( 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. '0 } I D \ o\c IDltU{C\o t 9 (~ Ok to II 0 lOb P/\'(,lfJ6 1.01/0/0& \0 J \0 lo~~ \ 0 ilf) io(p J/\O I D~ \,O\\)O~ /0 0 0" LOLL S~\ (?/ l.0n~V\d <2~'"\"lV\- 7~M' ') j~,^-L ~tMl Erl[, Lev~ ~~ A:u. ~\Eft L~, ~(C0~ \ar~ t. -' . c. ......-. j\.A.S","~l"\~'<:.Q) '\r:" "f ." '.j -Letl ....G , .~ ~~ @ SaJ-. .--GL.-tJ ,y.^,i'~ - (2y )00. c.O:u (; l{ J - Lf ~ g - 71 ~ ~ ~7 7.. ~./'\ L \5\ <)Lh [7 ~ L '1 \ c c Ai Iooch 0 .' /?oh1t:v/~ CCIrV'"\ qS/z!cttl d ) co , Co ,ty; G M(,(( prof'\ . ./ . .', 1 " 11.-\ / " J"os t MQ.L~~'"L\~ '\L~", \- . W-C/'- 'jl1/I!E lVtoe (AA ~ r'- \-\~ rA~(J^, l7<2\ joWfA. S(e '? ~ u . ,.\ -V_I( r '--'1h <) t 5LeOS4 ~ ~ Cf/t. 1~ \~\ ,g ~l.- ~. sbllOJ1& \.\ t / ~\::) \ s?~ '"'S Cn? ~ "- tJ( . f\s '" \ ~ '""-c 3l Z- f F.x.tl Mf. 1c\ Tt~. !~/.~~ 145 l1ellf}ah slr€e-t Asfk~(j . r (# IStvICRt. 6 /1' / %"'. i ~ 7' U vie-Ie e.V\9 \ i 1~J @ ;t- ~ eJ't"t 1. 5 Ol,l., e...d<A- , ;( 57 ~, SKI<jtM. '1 '\ ) ~O'^' 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. :-,., 4\-2.0(- q I ~~7 ) {sk; 6~ e0 t4 Of-- 012.... , 2-0 cj~r-1D 7$'-- 0 Ff1S- &ClL -:5 () CL- C.r () ;,.J ~s i't'Jms\)~ 530- c;Y7- () (9 Lt, ~uCo WO()~ l C' ~o t '1+ ~Q(-~~l '\ ,\~l ~ (O1.{ A{'{\~ ~v00l(; 0- \\0 ~~\~~ 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-\. ~ . . 1 I ~t::> I ~ c. ~ s: h a r;:e,-Q . e-r:r-YI e:I-: 0 r ~ C/gs.(., ,N\A1,J ST:", AS.\1LAN'1) <;?Z;s-Il~~r a tf r /~ iLl ~"I OtM ~~ I Niw ZU1 At,~~ G S-s Co L (/ ~f'2 blA, 77rL-~ tv r ct /J'Io 1~~ v ,j./~.t2 k> J A/__ Y~.s- a~~2) 4/4Y '.LJj /"__., I' / 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. lb -(p.~' t {) -tQ .-do \, SvS~V\ ~T~ SClY\d lvt "'l~OtZ { , ...... to LL]):R.j~ 'f q(p~ IIJf,.U06/J eN MeJP4!!-lJ ~. o~ \ ) 10/'1/0(. Ie 1 <J~ (l UL- \(\e.VNL ~ q l) S:-i) S. r s k~(fOt-t q5 !Ala, cr7S Z.-t;) I I D Ib /1 /0 lJ (t) 7/p{, 1C' .~. 0 GjR.-AN rV }o \- ~ e J.,.. ; ,". 'I /C~C( S 66- Z~J.'etZcL.1J?(k cd .. ' t , t (L511 ZL,9S- L-v'\1~~SO..-v w JU11 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. G=!o 1\1\ ~V"'- ~:J ~.l{/ib1+I(/~ 77ej h ,W:1n ) 10 I <\>6 l".v "D- ih 0 ;tAeJ~6v-J 0\2 qoo.~Cy- 4~U. 5'50 OcvK tvtb ~ \ A5~ \~) I oR.. '~e.. yvt.-L C(,Ll'-~ f b{ ~ \ /5/ . _ ~ /fSU 72,0 .ArLIt7tY1o-l S+,'As((<3{r-c{ ..-, . .; ~J I ~'! '^( f tAj r' ., ('.5 / ~.-'- 1<.,/ D (~/6 . VO-I/< ~(:l.~,,", /I ~ ~~~ .~ W\~<-<,St, As h(a r->J, 7(0 ~~~~. ~~ 1(0 ~ ~ rZ~... ~ '" b (j'::> ~..fe:; 14 .-. ;h ,,~,~ /f;/2D ~ *ItW NIt:-l/~4 fr - 0-0 ( I.. , I. 330 N,i-oJ.,('C ~ .~-o C~ OQ,' 1 (20 ~5:J-J Jkt~/ ~ ~._- 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- ", 10-'1-0& VA ANNelPA?c.c:n~~)' Ol1au/~c(6W1 lowe/8dcle~ ;,g Oil T~K W~NV\ () NU<l5ev ~-k'6\ ikCtJM V <::Lc ~ r) L T/YJ Ii- ttI '-I..sLf- LdRI t-;tI /ls'1I0lt/)) It J / - P .-171/ /It' }O~ 3- DiP Me1(~a- SfewafL are. >bt:? 0 4:1- ho /13& tv- JR sf- #d.- ;tUo!~d. OJ<:.. ;po /30)1 I(,??p -it, /-J I .... to ~ ~ ..-0 & :-Be.\... l4LA.-MG;;,(;tI\.. I - t -D~ lu<.l ~'OG 'A L (..Iv{ t--1J IJ .K./J # J1 \O-~ 10-3 -00 lo-J.-o6 a5h/~ oR 2 dc{ s. <:>f (o..R. to -1'- tJiI ~L L I A..Jc t'J\C\J( Ll ,Q.} l f\J 6. ~Dcr s. ~flc~. \0 . -,-- I cJ 1(Je'r/ G J l~dcLU re\ ~~o iM~ zlo( K,JS tubV\ JG L7 :]; sf ar Os l>r. ~e, Poi.J- Oe. '11>.20/ J,i fUl/i; ~. /)>L- 71.)20 ~ '" f(-J ~ 'j-yC(k c..C <- 0 QrR r/rf --c L- W. sLfj~ b€-~~ ~Y'\.. \ " ~ ~ ~ ~ 352D wh~~~ ,( () . - ~5 ~ L:e'\1e: l~~( ~ )t/1.- [/--V' I (_'i ~ ",-J L~~ 6~ .y L) ~o lA.f KL.lJe/l' _ 0, l~ 0::33 <;;, '<Y\(~,~ S(- oR- crtSZO Vc o -) -DG ~ f1~ \ 0 {slob ~.J<{ D , f~/A~//"l.r ,..... 1,..,_ II _ t€tALl So\- j f ( ^ ~ 7 12 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 $?6N l<2- f)('l- k~(j8 ::J-7' -0(,1 t51 ,/ .7~ 1 0\\ c:t~. --- Dear Councilors and Mayor: I'm concerned about the animals in Ashland 'Mho are tied up at their homes for excessive periods. They suffer loneliness, frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, o~ dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have to endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. By doing often a barking r dogs are. (\rt 1\MWYM.~ Tl-{Or\l\J\U CQfL Rvth TC>~~ DIW~OJ UL~'( \.., ~ w1~ ~lili\ (\f\Y 7'1 q N () r J;-V'\b.1 a. (.)<. . 'I J' ,) - f:"gS-C) o-t - 0 l 0 ,..<6 - 0 ~ .n "".\-. rJ <;~.NV~. '2-z.:~ ~ (2iAcL...-A. L~ (..t.J.L6....\-, W''-1AJ,sJ.oi..,j~H() ,~~ !!J-51 -0 ~ 1-"':-- 0 Z97-~ S z 00 e >~c 1(, l iN o-~ - (p S 2 '3 FD.lr lII\Dv ~ T S ( //1 ~J iNt1 oM ~p 11 C)fL- Vo \,0)( \ \ '" ( V"€ ~\'\SL) L 0 3 \\~ l M-e"f 1- I I ~6.~~\ ~.~ La S~$~ ~u' " 5g~ h\\'\so,"" s+ ~ I qD fs>v l, <. " \.\. ~13 20 r}C\ \ d--' OZS~ \J1]f-1- yy, J~ (JYlA 7 t& I q07~ 4 S1l (g~, 3'Q~ 9~~ ~yL ~ ! f:L[-z- . ~ q7"J..1~ ~2.0 -:f~~v;~ d. '5~ , 'L __, ,-::- _ _ --'-- JAA ''''--L.-- L II 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. -- -