HomeMy WebLinkAbout2010-1221 Documents Submitted
Barbara Christensen
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From:
Sent:
To:
Cc:
Subject:
Diana Shiplet [shipletd@ashland.or.us]
Tuesday, December 21,201012:39 PM
counciL business@ashland.or.us
Barbara Christensen; 'Dana Smith'
FW: Ordinance Establishing fees and charges for Municipal Court Administration
Letter from Judge Turner regarding tonight's second reading of the Courts Ordinance. Please
note that she attempted to send this last night but due to computer error was unable to.
Also, please note that she mentions she will be forwarding a message she sent to Megan last
week, that message was included in your council packet and therefore will not be re-sent.
Diana Shiplet, Executive Secretary
City of Ashland, Administration Department 28 East Main Street, Ashland, OR 97528 541-552-
2188 or 541-488-6882, TTY 888-735-2988
This email transmission is official business of the City of Ashland, and is subject to Oregon
Public Records law for disclosure and retention. If you have received this message in error,
please contact me. Thank you.
-----Original Message-----
From: Martha Bennett [mailto:bennettm@ashland.or.us]
Sent: Tuesday, December 21, 2818 12:35 PM
To: 'Diana 5hiplet'
Subject: FW: Ordinance Establishing fees and charges for Municipal Court Administration
Martha Bennett, City Administrator
City of Ashland
28 East Main Street, Ashland OR 97528
(541) 552-2183 or (541) 488-6882, TTY 888-735-2988
FAX: (541) 488-5311
This email is official business of the City of Ashland, and it is subject to
Oregon public records law for disclosure and retention. If you have
received this message in error, please let me know. Thank you.
-----Original Message-----
From: Pamela Turner [mailto:turnerp@ashland.or.us]
Sent: Monday, December 28, 2818 4:35 PM
To: council@council.ashland.or.us
Cc: Martha Bennett; Megan Thornton; Vlaldous@yahoo.com
Subject: Ordinance Establishing fees and charges for Municipal Court
Administration
Dear Mayor and City Council,
The ordinance as now proposed is in error in two ways:
1) In 4.35.838(A), the words .....defendant.s indigence..... has been added to
the language proposed by Martha on December 7th which was simply to be
.....totality of the circumstances..... I request that "defendant's indigence"
t
be deleted.
2) In'.4.35.'e313(C), language remains which was to have been deleted. I
request that "...on evidence in the record..." be deleted. To be consistent
with (A), "totality of the circumstances" should be inserted instead.
Finally, with regard to the last paragraph of the "Background" section of
the Council communication, I think the "additional concern about the
ordinance" referred to is an email I sent to Megan and Martha last Tuesday,
December 14th, which I will forward to you in a separate email. With
reference to the two points in that email:
1) The Court could not waive the $613.1313 City Attorney Diversion fee or
$75:1313 Civil Compromise fee without taking into account "the totality of the
circumstances," and the city attorney would be heard before any 'reduction or
waiver.
2) The Court cited two DR5 sections in support of the request to delete the
language "Attorney fees shall not be waived by the Court for Civil
Compromises and City Attorney Oive~sion/Oeferred sentences when repayment of
such fees was agreed to as part of a negotiated plea bargain or compromise.:'
My email cited two OR5 sections which read in relevant part:
ORS 151.487(5): Ability to pay; effect. "The determination that a person is
able to payor partially able to payor that a person no longer has the '
ability to pay the amount ordered in subsection (1), is subject to review at
any time by the court."
ORS 151.5135(5): Authority of Court to order repayment of costs related to
provision of appointed council. "A person who has been ordered to pay costs
under this section and who is not in contumacious default in the payment of
the costs may at any time petition the court ,for remission of the payment of
costs or any unpaid portion of the costs. If it appears to the satisfaction
of the Court that payment of the amount due will impose manifest hardship on
the person ordered to repay or on the immediate family of the person, the
Court may remit all or part of the payment due or modify the method of
payment. "
The ORS sections which authorize City Attorney Diversion and Civil
Compromise do not address this issue. In discussions with the city attorney,
no specific legal authority has been cited to support this section of the
ordinance which appears on its face to contradict state law, and could cause
unnecessary and costly litigation of this issue in the future, If specific
legal authority exists which supports the city attorney's position, the
Court requests, as an aiternative, that these fees be included in the list
of fees enumerated in 4.35.13313(A) that "may be waived or reduced in whole or
in part when the Municipal Court makes a written finding that the totality
of the circumstances warrant a fee waiver."
I ask that you not pass this ordinance as presented. In April the Council
voted to maintain the Court's discretion, to give the Court the latitude it
needs to continue to serve our community. I hope you will continue to
recognize the importance of maintaining a Court that is ch~racterized by
flexibility and discretion and is not standardized and mechanistic.
As I told Martha in October, I am unable to appear at the Dec.. 21 .and Jan. 4
Council meetings, but if necessary can continue this discussion after the
2
first of the year.
, .
Thank you in advance for your consideration. PBT
Pamela Burkholder Turner
City of Ashland, Municipal Judge
1175 East Main Street, Ashland , Oregon 97520
541-482-5214, TTY - 800-735-2900 FAX - 541-488-5586
This email transmission is official business of the City of Ashland, and it
is subject to Oregon Public Records Law for disclosure and retention. If you
have received this message in error, please contact me at (541) 482-5214.
Thank you.
3
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COMMENTS for DECEMBER 21st, 2010 COUNCIL SESSION - Unfinished Busin~
(Temporary Suspension of City ordinance prohibiting camping on public property)
As a 12 yearresident of Ashland, I am writing to say that I am in full support of any discussion and
study session that will address the homeless problem in the area. Although this is a complex topic, I
believe the City will find a solution and will keep the best interests of the community in mind. The
solution, though, will not come after one meeting, nor do I believe lifting the ban on camping on
public property will get us ~ny closer to a solution.
I feel compelled to write because there have been two recent incidents in town that I find very
upsetting and that involved two people I know personally. As you may already know, two women,
one a long-time business owner, were accosted and threatened by a transient or vagrant in or near
their vehicles. Luckily they were able to get away without physical injury, but certainly not without
being badly shaken and frightened.
As a resident of Ashland, as a mother of9 year old and 11 year old boys, and as a business owner, I
am really upset about the recent turn of events in town. Ever since the protests over the illegal
camping citations, there has been a palpable difference in the downtown area. And frankly, I don't
feel comfortable or safe being downtown. For as long as I've lived here, there has always been a
(manageable) transient presence in the downtown, but oflate, the panhandling has become more
aggressive, the language more vulgar and the attitudes more brazen. My opinion (based entirely on
personal observation and experience in the last few weeks) is that the media attention bestowed on
the vagrants in the Plaza and the hope of a lift on the camping ban has emboldened them. And
sadly, the media along with the protest over camping rights has shifted the focus from the truly
needy (homeless kids and teens, families) to those who are "home free" by choice or are recent
additions to the Ashland transient community.
I believe I should be able to walk downtown without being harassed and cursed at for not sharing
my leftovers, or walk with my kids without their being subjected to foul language and second hand
pot smoke. In this economy, we should be doing everything possible to support our local
businesses, but honestly, online shopping is a lot more appealing and feels a lot safer than
navigating the streets of downtown Ashland of late. I shudder to think about how this could impact
the summer tourist season.
I want the police department to continue issuing citations to discourage the more aggressive
transients from getting settled in the downtown and making it safe for locals again.
I urge the Council to uphold the ban on camping on public property, while supporting the other two
items on the Agenda (2 &3 in Unfinished Business) that would direct more time and resources to
the homeless issue, for no reason other than it will send a clear message that this community cares.
about the homeless but also cares about it's resident community and the safety of its downtown
core.
Maddy DiRienzo
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872 Iowa Street
Ashland, OR 97520
December 19, 2010
Dear Mayor Morrison and Council Chair Jackson,
We are writing to express our opinions regarding the current discussions about
providing camping areas for "homeless" persons. We are very sympathetic with
those that are forced into homelessness because of physical, mental, economic, or
situational circumstances and, consequently, we make regular financial
contributions to a non-profit organization that provides food, showers, schooling,
limited shelter, and other services to the homeless. We recommend, however, that
the City of Ashland not take on the responsibility for providing camping sites to the
homeless for the following reasons:
1. Cost - Providing a homeless camp or shelters is likely to require significant
funds for land, restrooms, trash disposal, security and continued monitoring
and maintenance. Since homelessness is not just a city concern but a regional
concern, we suggest that the City pool resources and work with other
government agencies in the Rogue Valley or contribute resources to the
existing homeless infrastructure in the valley. If the City does use funds,
lands, or staff resources to benefit the homeless, we believe the council
should make these expenditures transparent so the citizens understand what
it is costing them both in money and lost services.
2. Liability - By providing homeless camps or shelters, the City also assumes a
higher degree of liability. This represents an added financial and resource
burden that needs to be made transparent to the citizens.
3. Security of our citizens and visitors - While not all homeless represent a
threat to others, some do. There are times when we, like other citizens of our
community, feel intimidated by groups of panhandlers in downtown or even
in other parts of our community. We have been harassed by panhandlers
downtown, and consequently we avoid these groups and the shops or
restaurants in their vicinity.
4. Conflict with our economic base - Our community is a unique regional,
state, and even national resource. Tourism results primarily from OSF and is
supported by the attractive character of a small town, beautiful parks, nice
shops and restaurants, and abundant recreational opportunities. Without
tourism, Ashland would only be another small Oregon town along 1-5.
Without tourism, the tax and employment benefits generated not just for the
'City but the region would be significantly reduced. Homeless camps,
panhandling, and feelings of intimidation and insecurity have a negative
',.
impact on tourism and the numerous benefits it provides our community,
county, and region.
Because of sanitation, fire hazards, and security jintimidation concerns, we also do
not believe the City should allow camping in city parks or homeless camps in the
Ashland Creek watershed.
We also do not believe the City has any obligation to those that have intentionally
chosen to be without a home. That is their choice, not a community responsibility.
As stated above, we are concerned about those forced into homelessness because of
circumstances beyond their control. Iflocal Ashland homeless services are truly
needed, we recommend that the City provide information:
. to citizens about the condition of homelessness in our community,
. to the homeless on where they may obtain services within the city and
region, and
. to citizens on how they can participate in or contribute to organizations that
provide homeless services.
We also recommend that citizens with concerns over the plight of the homeless
take personal responsibility and contribute their time and funds to existing
organizations that provide homeless services or establish a local non-profit
organization that could provide needed services.
Sincerely,
Bob and Cheryl Therkelsen