November 28, 2009 - Hispanic families urge school uniforms

By Damian Mann
Mail Tribune

Alarmed by increased gang activity in the area, several Spanish-speaking families have asked the Medford School District to consider requiring school uniforms for students.

A letter sent to the School Board on Nov. 18 from 17 parents cited recent gang-related incidents in Medford and said uniforms would reduce the problem created by clothing colors associated with gangs.

"They think that would help alleviate the gang activities in our communities," said Yolanda Ortega, a North Medford High English language development teaching assistant.

She and other members of her department worked with the parents to draft the letter and put their words into English.

The parents raised concerns that school colors are red and black at North Medford High School and blue and gray at South Medford high. The Nortenos, "northerners" in Spanish, identify themselves with the color red, while the Surenos, or "southerners," often wear blue.

"Some parents are worried about their students being targeted because they were wearing a specific color," Ortega said.

She said the concern increased after a recent gang-related stabbing on Sept. 15 on Beatty Street and a separate stabbing at a coming-of-age party on Nov. 7 for a 15-year-old girl at the Ramada Inn on Biddle Road.

Gang activity still has not had much effect in local schools, Ortega said, adding that students who appear to have any gang affiliation tend not to stay in school for very long.

Some school districts around the country have adopted dress codes or require uniforms.

Waldo Middle School in Salem has had a dress code since 1997, giving students choices among four colors: navy, white, dark green or tan. Only solid colors can be worn, and the school has other restrictions on the type of clothing. In a 1998 legislative report, it noted that discipline problems fell 23 percent in the year after the dress code was adopted.

Ortega said there was discussion among parents about the cost of uniforms and how some families would pay for them.

"Parents can't afford to buy the uniforms," she said.

Eric Dziura, Medford School Board chairman, said the idea of uniforms is not an issue that's currently on the district's radar.

"There is nothing that would warrant it at this point," he said.

Dziura said he first heard of the request from parents on Friday.

During recent talks with the Medford Police Department, School Board members learned that gang activity has increased in the area, Dziura said. But there have been no reports of increased problems at schools, he said.

The idea of school uniforms could be considered by the School Board in the future, he said, if there is an uptick in gang activity on campuses.

"If we have particular concerns, we'll take it up," Dziura said.

Kim Lockett, an English language development teacher at North Medford, said very few students are affiliated with gangs.

"It does not impact daily school activity, usually — certainly not in the classrooms," said Lockett.

She said requiring uniforms might reduce the potential for gang activity at the school, but it wouldn't solve the underlying problem.

"I think it's more complex than colors," she said. "In the long term, what young men need is an education — and young women do, too.

"Kids who think they don't have a future turn to gangs."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 26, 2009 - White City plant nears closure

By Damian Mann

Mail Tribune

WHITE CITY — Jack Lewis will spend the next week closing the Timber Products plywood plant on Agate Road while he struggles to find a new job in a county hard hit by high unemployment.

"We're just locking it up, and we're done," said the 55-year-old maintenance superintendent, who has worked at two timber products operations in White City over the past 24 years. "I'm being laid off."

The Medford man worked for Burrill Lumber across the street for 22 years as a maintenance superintendent before landing the same job at Timber Products two years ago. "I've been doing this a long time," he said.

Timber Products Co. will move its Southern Oregon softwood plywood production to Grants Pass, leaving only two remaining plywood plants in White City.

On the same street as Timber Products, Boise Cascade, Royal Oak Charcoal and Burrill Lumber have all shut their doors in recent years.

Springfield-based Timber Products officials said 14 of the 44 workers at the plant likely will lose their jobs.

The plant made specialty plywood that was thick enough to support diesel engines as well as other construction plywood used in floors and walls.

Of the workers remaining, 28 will go to the Grants Pass plant or to the Spectrum Division, which makes decorative laminates on Avenue G in White City. Two others will be reassigned elsewhere in the company.

Tracy Wills, a 70-year-old caretaker of the former Burrill Lumber plant, gazed down Agate Road, which more and more resembles a ghost town, and shook his head at the closure of the Timber Products Co. plywood plant Wednesday.

"It's going to be a hardship for the whole community," Wills said.

Wills stacked old pallets with his forklift next to Agate Road, making it easier for people to collect some firewood in these tough economic times.

Wills, who has worked in the timber industry since he was 17, and other local residents reacted with alarm to the news that another wood products company has shut its doors, striking another blow to what had been a strong economic base for the community.

Wills, who said he lives in a shack on the Burrill property, said a combination of timber policies and the economy have hit the local industry hard.

"Why make a product if you can't sell it?" Wills said.

Like other local residents, he blames federal regulations that have put much of the forests off-limits.

"I think it's stupid," said Wills. "There's so much timber in this country."

Eagle Point resident Jaime Harra, who was picking up some of the pallets, said it was a surprise to hear the Timber Products plant was closing.

"I think it's really unfortunate," the 28-year-old said. "Some friends of mine were laid off from there."

She said one of her friends is going back to school to get retraining, but is upset at finding himself among the growing ranks of the unemployed.

"It's too bad when you have a family and lose a job," Harra said.

Dave Schott, of the Southern Oregon Timber Industries Association. said there are only two remaining plywood mills in White City, one owned by Murphy Veneer and the other by Boise.

Timber Products also has a Medford plant that produces cabinet-grade plywood.

The demand for plywood is down markedly because housing construction has been crippled by the recession, Schott said.

Single-family and multiple-family residential building has declined from more than 2.1 million units annually to little more than 500,000 this year.

With the closure of the White City plant, Schott said it means the area is rapidly losing its critical mass of wood production facilities.

"It's another nail in the coffin," he said.

In downtown White City, residents shook their heads at the news.

"That's going to hurt businesses around here," said Brian Cassen, a 48-year-old veteran who lives at the Department of Veterans Affairs' Southern Oregon Rehabilitation Center and Clinics. "It's sad to see that it's going to shut down. The percentage of homelessness is going to go up, and people are going to be begging to feed their kids."

Lewis said he's already looking for a job in the same field and can't afford to stay on unemployment for too long.

Despite how difficult it is to find a job right now, Lewis said he will just keep working at it.

"It's been a couple of weeks since I found out," he said. "The shock is over. The emotions you through are pretty much over. You're in a survival mode and you go out and find another job."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 25, 2009 - Giving thanks

By Damian Mann

Mail Tribune

Nine-year-old Codie Dunlap could hardly contain her enthusiasm while standing in line for more than an hour to get a turkey and a pie from the Salvation Army.

"I think this really helps people with the holidays," said the White City girl. "It gives people a chance to have a really good Thanksgiving."

Her mother, 28-year-old Stacy Hamlin, added, "It won't be so depressing."

Hamlin, Codie and her two sisters joined 964 other families for the biggest turnout for a Thanksgiving food program in the local Salvation Army's history.

The line that stretched for almost a block at the old Lithia Dodge building on Fifth Street underscored the economic hardships many families are enduring this holiday season.

"There was no line last year," Hamlin said.

Her daughter said the food will help her family enjoy the holidays.

"We're really running out of money," Codie said. "This will give us a chance."

Jackie Agee, the Salvation Army's development director, said at least 50 percent of those asking for help this year did so for the first time, many because they recently were unemployed.

Agee said the Salvation Army last year offered families a choice between a Thanksgiving dinner or a Christmas dinner.

About 800 chose Christmas and 200 families chose Thanksgiving.

Because of the recession, the Salvation Army decided to offer dinner donations for both holidays for all the families who registered.

"It's the most we've ever offered for a Thanksgiving," she said. "We knew it was going to be a tough year for families and we decided to do it this way."

Her organization had a limit of 1,000 meals, but 964 signed up so no one was turned away, said Agee. Families get all the fixings for their holiday dinners, from turkey to potatoes to yams and fruit.

Donations from businesses and individuals, as well as funds from the Salvation Army, paid for the food.

The organization will hand out food and toys for children under 14 at 9 a.m. Dec. 16-17 at the old Lithia Dodge building, 315 Fifth St., Medford.

The two events will assist 3,605 people, of which 1,827 are children.

Debra Fossen, a 35-year-old Shady Cove mother of three, said her husband's hours were cut back at work, making it more difficult on her family, particularly during the holiday season.

The Salvation Army food will make all the difference, she said.

"I've never done this before," said Fossen. "I usually don't like to take advantage of these kinds of things."

Heather Anderson, a 32-year-old Medford mother, said this was her first time receiving donations from the Salvation Army.

"I was thinking, 'Was it worth the wait?' It is," she said. "I thought to myself 'that's a lot of people in need.' "

Wheeling her 18-month-old son, Damien Moredock, in a stroller, Anderson said this will help her enjoy the holiday season a bit more. "Every little bit helps," she said.

Medford resident Jose Ramirez said he got laid off last year as a migrant worker and was a very happy man after loading up his car with a turkey, fruit, sour cream and a large pumpkin pie.

A single parent, the 40-year-old father said the donation from the Salvation Army will make for a very nice Thanksgiving dinner for his four children.

"I know I appreciate it very much," he said.

Two of his girls who accompanied him liked the food, but they didn't like the wait.

"It was so cold,' said his 14-year-old daughter, Danielle.

Ramirez said his unemployment benefits ran out, but he managed to get a job at a McDonald's.

With money still tight, Ramirez and his family usually make do with a large pot of beans, rice and homemade tortillas they make together. "That's saving us quite a bit of money," he said.

Despite his situation, Ramirez said he takes everything in stride.

"You just keep on moving down the road," he said. "You try to keep a good attitude."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 18, 2009 - An Unstable Stabilizer

By Damian Mann

Mail Tribune

A federal program designed to stabilize communities hit hard by foreclosures has left one Medford couple at their wits' end trying to find a lender so they can buy a house.

"It is a very unstable program," said Jaymi Bowers, a 26-year-old mother of two. "I want the public who is trying to use this program to know what they are in for."

Bowers and her 29-year-old husband, Matthew, received approval from the federal government to buy a foreclosed home under the Neighborhood Stabilization Program that assists families with the down payment. The Bowerses were the first family to qualify under Medford's version of the program on Sept. 4.

They discovered that lenders are reluctant to loan through this program because it has changed frequently, it requires more paperwork and the federal government pays a substantial amount of the down payment.

The city of Medford has received $459,260 in federal neighborhood stabilization funds to divvy out in the next two years. The funds may be used for the purchase price of a foreclosed home, all in an effort to keep homes occupied and prevent neglect and neighborhood blight often associated with foreclosures.

Nationwide, about $4 billion is available through the program. Oregon's share is about $19.6 million.

Another Medford resident, Tom Ellis, was the first neighborhood stabilization grant recipient in Oregon in July. He was awarded about $50,000 to put toward the purchase of his home or to make home repairs and upgrades. Ellis was part of the state's test version of the program, while the Bowerses are part of a program administered in Medford.

Karen Cooper, who is a broker for American Pacific Mortgage Banker and represents the Bowerses, said the program is frustrating for her clients and everyone else involved.

"They've felt like they've been stuck through a ringer, and so have I," she said.

"There have been so many changes that I don't think the underwriter knows what is up."

In February, the program allowed for the paying of repairs on a foreclosed house before the sale was concluded. "That's gone now," she said.

To qualify for the program, a family of four would have to earn a maximum of 120 percent of the Jackson County median income, or $66,500, she said.

Lenders are wary of families that earn about $50,000 because they may be at risk of defaulting on their mortgages if one of the wage earners is laid off.

Despite the difficulties for the Bowerses, Cooper said she believes most of the paperwork has been completed. If the sellers agree to extend the contract and make repairs to the house, the Bowerses could close in about a week, she said.

They would like to buy a small north Medford home for $165,000 that was built in 2002 and is now owned by a bank. To qualify for the loan, they had to have a good credit score; theirs is 790. Jaymi Bowers is a beauty consultant and her husband works for a landscaping company.

Bowers said her beef is not with the federal stimulus program but with lenders leery of providing loans under it.

"None of them wanted to work with the Neighborhood Stabilization Program," she said.

Her husband said the program is great for people to get into if they've got the patience. He said they will have to come up with $2,800 to qualify with the federal program kicking in about $38,000.

"It's a program that's really good, but it's not working," he said.

Judi Robinson, senior loan officer with People's Bank, said the new loans are more difficult to process and haven't been well received by banks and lending institutions.

"Investors are a little bit shy of them," she said. "Some of them just want to throw their hands up."

The down payment contributed by the federal government is considered a "silent second," which is owed when the house is sold, which scares some investors, she said.

Despite the problems, Robinson said the federal program is generally good and she thinks lenders should get on board with it to ease the foreclosure mess.

Robinson, who is currently processing two of these types of loans, describes the program as a creative way to help solve the problem, though it has had a few snags.

A year into the program, the government is just now making the forms available online, she said. Also, the Federal Housing Administration doesn't yet have all the answers that lenders might need, Robinson said.

It also can take an extra month to process the loan, which can be a problem, Robinson said.

"It's not an easy product to put together," she said.

Jaymi Bowers said many people trying to take advantage of the Neighborhood Stabilization Program might panic and give up, but she recommended patience.

Though she has been disappointed before, she said that signs indicate she may get her loan.

"It looks like it's going to go through," she said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 17, 2009 - Land Group Challenges County Over 10-Acre Rule

By Damian Mann

Mail Tribune

A land-use watchdog group has charged that Jackson County is attempting an end run around its own zoning laws that could clear the way for sprawl in rural areas.

Rogue Advocates last week filed a 36-page challenge with the Oregon Land Use Board of Appeals over a decision by the county to allow division of a 340-acre property near Johns Peak into 10-acre parcels.

"Our issue is that it generates sprawl," said Jimmy MacLeod, spokesman for the nonprofit group.

MacLeod said the county essentially sidestepped a more rigorous state process that is normally required for these types of zoning changes, an argument disputed by county officials.

The property owner, Edward Cox, has been attempting to develop the land near Jacksonville for years, including filing a claim under the failed property rights initiative known as Measure 37. He then applied for a zoning change from forest to rural use, a new county zoning designation that allows a 20-acre minimum if it can be proved the original zoning was incorrect.

However, Cox has since decided to ask Jackson County to change the property from forest to another zoning category known as rural residential, which would allow it to be divided into 10-acre lots. Cox presented arguments why the property should not be classified as forestlands, and the county approved the request.

Kelly Madding, the county's Development Services director, said the county disagrees with Rogue Advocates' position, citing recent legal actions that have come down in favor of counties that changed the zoning, if warranted.

She said the county's intention is not to encourage sprawl, but to look at each land-use application on an individual basis. If the owner presents arguments showing why a property shouldn't be considered forestland, Madding said the county will determine whether the arguments are valid.

"We're looking at this case specifically," she said.

Madding said the county's position is that the rural use and rural residential zoning are two different issues.

She said she has no way of determining whether the county's action would encourage sprawl as members of Rogue Advocates have maintained.

"I don't know the answer to their question," she said.

However, she said that in the past it has been difficult for many property owners to make the case that their properties aren't zoned appropriately.

The county created the rural use zoning in 2006 after planning officials and county commissioners agreed that a 20-acre minimum lot size was the most appropriate in rural settings because it would be less disruptive to wildlife and wouldn't strain police and fire services in nearby communities.

When the rural use zoning was first approved, commissioners adopted a 10-acre minimum, but the Oregon Court of Appeals upheld a challenge to that minimum by local cities. After much debate, commissioners finally adopted the 20-acre minimum.

Now, the county is permitting 10-acre minimum lot sizes on Cox's property, which runs counter to the logic of the rural use zoning, MacLeod said.

"Effectively, it nullifies rural use," he said.

Cox's Medford attorney, Mark Bartholomew, said the county's approval and the county commissioners' interpretation are correct in determining the property should have the rural residential zoning.

Bartholomew said his client provided ample evidence why the property wasn't zoned correctly.

"The record is loaded with evidence why this is not good timberland," he said.

MacLeod said that if the rural-use zoning weren't on the books in this county, Rogue Advocates would not have been able to file its appeal. He said other counties that allowed a zoning change on forest or agricultural lands do not have a zoning designation like rural use.

MacLeod said that if the organization loses its case with LUBA, it will likely not appeal.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 16, 2009 - Feds Uncertain If Hyatt Lake Owner Ran Afoul of Lease

By Damian Mann

Mail Tribune

A U.S. agency is worried Hyatt Lake Resort might have run afoul of its lease by remodeling a restaurant and other facilities without permission and using federal property to access private lands.

Rik Arndt, Pacific Northwest program manager for the U.S. Bureau of Reclamation, said he is still trying to determine what, if any, violations of a federal lease have occurred on the resort.

However, Bob McNeely, owner of Hyatt Lake Resort and nearby Campers Cove, said he has a stack of documents from the Bureau of Reclamation's Bend office that give him permission to remodel the buildings.

"We've got all the files that he wanted, and we've done exactly what he wanted," he said.

McNeely maintains the restaurant and other facilities on the federal land under a lease agreement with the Bureau of Reclamation, and he owns 30 acres next-door that contain 22 cabins that he describes as recreational vehicles.

A Jackson County hearings officer in September found the county Planning Department erred when it allowed McNeely to install the cabins at the resort, calling into question millions invested in the property. The resort filed an appeal on Oct. 13 with the Oregon Land Use Board of Appeals.

Hearings officer Donald Rubenstein concluded the cabins pose a fire danger for the resort and the surrounding forest.

He determined the resort, 20 miles east of Ashland, resembles a high-density residential development with some units only 7 feet apart.

Rubenstein rejected a request to add an additional 13 spaces.

McNeely filed for bankruptcy on Sept. 30 for his company Nor'wester Industries Inc. of Washington, which built the cabins.

According to the bureau's records, there should be a restaurant, about five cabins, two mobile homes and a workshop on the federal land.

Arndt will be using photos taken in 2000 and 2001 to help verify what improvements have been made to the property since then. In addition, an access road and parking area have been improved, possibly without permission from the federal government.

Arndt said the Bureau of Reclamation has reduced staff and closed some offices, making it difficult to determine whether McNeely received federal approvals. He said he would visit the Bend office soon to go through documentation to make the determination.

"We are trying to make sure we have treated Mr. McNeely fairly," he said.

The cabins have been installed on McNeely's land, but the access to these cabins is over federal land.

Arndt said the private property should have its own access off Hyatt Prairie Road.

"If we had some kind of emergency, how would the emergency vehicles get in and get out on the same road?" he said. "At some time we need to sever the lease lands from the private lands."

Arndt said he needs to clarify with McNeely that the public has free access to the lake over the federal road.

If McNeely made improvements on the buildings with federal approval, Arndt said it is difficult to say what steps his agency would take until he has fully reviewed the situation.

A letter sent by Arndt on Sept. 3 to the Jackson County Development Services Department asked county officials not to issue any permits for construction or renovation on the federal lands.

Under terms of a 1963 lease, concessionaires of Hyatt Lake Resort need approval by the federal government to build new buildings or remodel old facilities.

The original lease was given to the Talent Irrigation District and then transferred to Rick Franklin in 1990. Arndt said he hasn't yet found any clear record of transferring the lease to McNeely from Franklin.

The lease terminates on Sept. 1, 2012. Arndt said the government could either renew the lease through a competitive bid process or determine a lease is no longer appropriate, requiring the current lease holder to remove the buildings on the property.

McNeely said he has the documentation to show the lease was transferred. He said Arndt has never told him about any issues regarding access to his property.

The bankruptcy at Nor'wester and recent publicity have hurt business at Hyatt Lake Resort, said McNeely.

"A lot of people thought we closed down, and we've not," he said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 15, 2009 - Foreclosures Hit Home

By Damian Mann

Mail Tribune

Sammie Pakros, her 2-year-old grandson and her ex-husband have been living on borrowed time.

In March 2008, the 53-year-old couldn't make her $1,400 mortgage payment on her east Medford home after losing her job as a dental hygienist.

Pakros hasn't made a payment since.

Like many Jackson County residents forced into foreclosure proceedings because of the recession, she has been coming to terms with the day she must leave her home of the past 25 years.

"If they call me tomorrow and tell me to move out, I will cry, but I will move on," she said.

Since the recession began in December 2007, lending institutions have foreclosed on 1,718 homes in Jackson County. A third more mortgages went into default during that time, according to county statistics.

This year alone, 919 homes have been foreclosed on and 1,855 property owners have received notices they are at least 90 days behind in their payments, according to data compiled by Rogue Federal Credit Union, based on county information.

And it's only expected to get worse.

Some 2,500 adjustable rate mortgages countywide will automatically ratchet to a higher interest rate beginning next year, which will put more families at risk of losing their homes, local real-estate experts said. One expert said he knows of a loan that will rise from $1,400 a month to $2,100, and the homeowner is out of work.

Stemming the tide of foreclosures has been the goal of ACCESS Inc., a nonprofit that provides food and housing assistance, and Building Hope, an alliance of businesses and organizations spearheaded by Rogue Federal Credit Union and the Home Builders Association of Jackson County.

But keeping up with the demand for assistance has taxed these agencies, which spend considerable time wading through the complicated financial situations and loan problems of local residents.

They have been helping residents make the tough decisions to scale back on expenses and find other income sources, while considering the harsh realities of whether they have the financial wherewithal to keep their homes.

Pakros said though she has a dog-washing business, Dirty Dogz, she can't generate enough income to even consider refinancing options. Her bank has been more understanding than most, offering her a three-month reprieve on payments that would be tacked onto the end of her loan.

Because the downturn in the economy has meant people are putting off their teeth-cleaning, Pakros has had difficulty finding a job. And for the first time in her life, she's had to get food stamps, she said.

She fears that when the time comes to leave her home, she won't have the money to pay rent for an apartment for her, her grandson A.J., and her 61-year-old ex-husband, Alden Pakros, who is disabled.

"I'm just living with my ex platonically," she said. "We're just there to support each other to get through this."

It's an all-too-familiar situation to Pete Cislo, who has devoted two hours a day to Building Hope. The organization has provided educational classes and counseling to 600 families since it was founded a year ago.

Cislo said he has advised some people to stop making their mortgage payments because they have run out of money.

A Medford architectural designer, for example, came to him and said his work had dried up because of the collapse of the construction market. His wife was pregnant and they had only $6,000 left in savings.

"I never expected to be in a public situation telling people not to make house payments," said Cislo, who works for Leave Your Mark landscaping supply.

Cislo said he first encourages people who are behind in their house payments to contact the lender. They might find, like Pakros did, that the lender is in no hurry to get them out of the house.

Or they might find their lender difficult to deal with, as did one Medford woman who was short $160 on her $1,800 house payment. The lender refused to accept the partial payment, Cislo said.

Medford resident Fred Burnhart, in a desperate battle to save his home from foreclosure, spent the better part of this year getting bounced from banks to refinance companies as he tried to renegotiate his loan.

He said he was barraged with paperwork, misinformation and offers to refinance at a monthly rate higher than he paid before. He said he received 15 different answers from 15 different people about his loan modification.

"They don't give a damn whether you keep your house or not," said Burnhart, who is struggling with declining income from his business.

Eventually, Burnhart managed to get his loan renegotiated with help from ACCESS Inc., but is still worried about a second loan and the possibility he could still lose his house.

ACCESS Inc., on the front lines of the foreclosure crisis, has only two full-time employees to help 80 families figure their way out of foreclosure.

"We are over our limit as to how many cases we can handle," said ACCESS Housing Director Cindy Dyer, who said she has been referring callers to Building Hope.

Each case her organization confronts is unique, requiring a great deal of staff time to sort through.

ACCESS doesn't want to shut the door to people seeking help, but Dyer said the need is overwhelming.

She said a year ago ACCESS was helping people who had taken out bad loans. Now, many of the people coming to the organization have lost their jobs and are running out of money.

"It's now an unemployment issue," she said.

Kerrie Davis, community education and outreach coordinator for the not-for-profit Rogue Federal Credit Union, said she expects commercial loan foreclosures to follow on the heels of residential defaults if the economy doesn't improve.

"I think we've got 2010 to go through," said Davis, adding she hopes to see signs of improvement in 2011.

Davis, who speaks at seminars designed to help residents survive foreclosure, said she's noticed many of the participants enjoyed a middle-to-upper-class lifestyle and had never been in serious financial trouble before.

Some who were strong supporters of nonprofits never imagined they would need support themselves.

"I told them don't forget about getting your food stamps — there was a look of shock," said Davis. "Somebody said this was their American dream. These people are paralyzed."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 11, 2009 - County's Skeptical of Bypass Proposal

By Damian Mann

Mail Tribune

Appeals by legislators and transportation officials failed to fully convince Jackson County commissioners Tuesday that a $100 million Highway 62 bypass proposal won't be a waste of money.

"I don't think it's the best project for the entire community of Jackson County," Commissioner Jack Walker said.

After years of discussion and research, the Oregon Department of Transportation is proposing a bypass to alleviate congestion on busy Highway 62 in north Medford. The new roadway would begin just east of Poplar Avenue, on the north side of Highway 62, and create either a two-lane or four-lane highway running roughly along the old Medco Haul Road for 3.5 miles to just south of White City. Another option is to end the bypass at Vilas Road.

Projections indicate that 27 percent of drivers on the highway would use the new route.

"It's really a lot of money to handle about a third of the traffic," said Commissioner Dave Gilmour. "If all that comes out of this is a permanent bypass that goes from Vilas Road to Ace Hardware (near Poplar Avenue), not a lot is gained."

While the commissioners's support is not required for the project to move forward, their opposition could jeopardize the funding and the money could go elsewhere in the state, Matt Garrett, director of ODOT warned.

Commissioners said they want ODOT to answer questions about the project before the county endorses it. After receiving assurances their questions would be answered, the commissioners agreed Tuesday they would not send a letter opposing the project.

The bypass would primarily be funded through Oregon House Bill 2001, which provided more than $900 million in transportation projects over 10 years throughout the state.

The money will be raised through bonds and by increasing motor vehicle fees and the gas tax by 6 cents per gallon.

Legislators who helped Jackson County get the money in Salem were surprised the commissioners didn't endorse the bypass plan that was part of a multi-year planning effort. The bypass also has been identified as a project of statewide importance, offering tourists a gateway to Crater Lake.

"It's not spending money for the sake of spending money," said Rep. Peter Buckley, D-Ashland.

Rep. Dennis Richardson, R-Central Point, said it's important to have the county endorse a project that has been the subject of much discussion for at least 12 years.

"Commissioner Walker is grousing about what's already been done," he said.

Art Anderson, ODOT area manager, said the portion of Highway 62 — also known as Crater Lake Highway — in the Medford area is one of the most congested in Southern Oregon, with an average of about 40,000 vehicle trips a day.

While ODOT prefers to build a four-lane bypass, Anderson said that the $100 million might only pay for a two-lane segment at first. However, the long-range plans call for the roadway to be four lanes, he said.

Rep. Sal Esquivel, R-Medford, said a four-lane roadway to Vilas has been proposed for years.

"Do it right in the first place," he said. "We fought very hard to allocate the money for this project."

The commissioners also asked for more information about how many businesses would be harmed by the bypass, either by being displaced or having their access changed.

Walker said many local businesses are struggling with the economy and don't need limits placed on customer access.

"If I were one of those businesses, I would say not now," he said.

Anderson said ODOT does consider the impact on businesses, but also must look at safety issues on Highway 62.

"It's a balance," he said.

The commissioners also voiced concern that other local transportation projects could get shortchanged if the state throws more money into extending the bypass in the future. The total cost to build the bypass to White City has been estimated at up to $450 million.

When the bypass is built, ODOT wants to turn over jurisdiction of Highway 62 to the city and county. Gilmour said if the county assumes responsibility for the roadway it would also have to pay for the maintenance, which could be considerable.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 10, 2009 - Stepdad May Face Charges In Accidental Shooting

By Damian Mann

Mail Tribune

Medford police may file charges against a stepfather who allegedly left a loaded gun near a napping 4-year-old who accidentally shot himself in the foot Saturday.

"There are a variety of criminal charges that could come into play in this case," said Medford police Lt. Tim Doney.

The boy found a .40-caliber handgun on the headboard of his parents' bed, where he was taking a nap, Doney said. He was taken to Rogue Valley Medical Center, where he was treated for a gunshot wound to the left foot and ankle and released.

The stepfather, Christopher Burgdorf, 44, applied pressure to the wound until emergency crews arrived at the scene Saturday afternoon in the 2700 block of Merriman Road, Doney said.

"It could have been far worse," he said.

The boy's mother, Renee Burgdorf, 44, was at the house at the time. The boy has a twin brother, police said.

Doney said there is a possibility that some kind of charge or charges could be brought in this case.

The Burgdorfs were married Aug. 8 and are both graduates of Eagle Point High School.

Doney said investigators are still piecing together what happened leading up to the discharge of the weapon and are interviewing family members. The weapon has been seized by investigators.

Accidents with children and guns aren't common in Medford, Doney said. "It's not that frequent where it turns into somebody getting shot," he said.

Doney said police recommend parents secure any weapon in a safe or with gun locks, which are available free from Medford police by calling 774-2268.

"We'd rather dole out free gun locks than respond to incidents like this," Doney said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 5, 2009 - Ruling Opens Door For South Medford Walmart's Growth

By Damian Mann
Mail Tribune

A ruling by the Oregon Court of Appeals Wednesday could boost Walmart's plans to build a Supercenter in south Medford.

The court affirmed the city of Medford's decision not to require a new traffic analysis from Walmart, reversing a June 1 decision by the Oregon Land Use Board of Appeals.

The world's largest retailer has attempted to build a 176,500-square-foot store adjacent to the South Gateway shopping center on the site of the old Miles Field for the past six years.

Once permits are approved, Walmart could build the store within 10 to 12 months, said spokeswoman Karianne Fallow. It would employ about 300 people, with 75 percent being full-time jobs, she said. "If it is appealed to the (Oregon) Supreme Court, that is another delay in the process," Fallow said.

She said Walmart is pleased with the court ruling, saying it demonstrates that the company has complied with all local codes.

In June, LUBA agreed with Walmart opponents Medford Citizens for Responsible Development that the city's codes failed to account for the impacts of large-scale development on traffic.

The Court of Appeals, however, ruled LUBA's decision was unlawful because the city's code doesn't specify that a traffic analysis is required prior to development.

The appeals court found that both parties presented plausible interpretations of the city's code, though neither side covered all aspects of the code. Without a compelling argument from either side, the court said LUBA must affirm the city's interpretation.

Mayor Gary Wheeler said the court ruling was a strong one in favor of the city.

"This is the code we've been using for 20 some odd years," he said. "It just reaffirmed what we thought we wrote."

Wheeler said the city requires a traffic analysis at the time the zoning is changed on the property, not prior to development, which he said was the crux of the argument presented to the court.

Based on the city attorney's interpretation of the ruling, Wheeler said it appears the city is in a solid legal position against the opponents.

"It doesn't seem like they would have much of an ability to win an appeal," he said. "But, it's up to them."

He said the area has changed quite a bit since Walmart first proposed the store, with a new interchange opened and with Barnett Road being improved. In addition, the city will be upgrading both Garfield and Holly streets to improve traffic circulation.

Wendy Siporen of Medford Citizens for Responsible Development said she hadn't reviewed the court ruling, but wasn't authorized to speak on behalf of the group.

Another member, Ivend Holen, couldn't be reached for comment Wednesday afternoon.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

October 31, 2009 - After The Storm

By Damian Mann

Mail Tribune

EAGLE POINT — Mesmerized as a freak electrical storm hit their neighborhood Aug. 1, Eric and Marilynn Yarborough gasped as golf-ball-sized hail pelted their house next to the Eagle Point Golf Club.

"It sounded like golf balls hitting the roof," said 62-year-old Marilynn.

Some of their plants were destroyed and a few statues were broken, but otherwise the Yarboroughs thought they'd weathered the 20-minute onslaught fairly well.

But this month, as they noticed neighbor after neighbor replacing roofs after the fall rains came, it dawned on them they better get their own roof checked. Now they're listening to the sounds of workers clambering overhead, installing new shingles.

"The roof was totaled," Eric said.

He said neighbors had other problems such as broken windows, crumbled garage doors and battered air conditioners.

The storm has been a boon to roofing companies and other contractors trying to survive the recession.

"It's not Obama's stimulus package," said Eric. "It's Mother Nature's."

Shane Neville, foreman for Pressure Point Roofing, which is installing the Yarboroughs' new roof, said his company has replaced three roofs so far and has bids out on two or three others around the golf course.

Several other roofing companies are also working in the area, he said.

Many roofs had damage to metal valleys, heat vents and pipe covers.

"One guy said he had hail that was baseball-sized," said Neville.

Ron Bieraugel, who lives near the golf course, said the hailstorm dumped two inches on his driveway.

Neighbors had to have their cars repainted or windows replaced in their vehicles.

"My garage door looked like a waffle iron," he said. "I was just shocked as I was walking the dogs and people showed me their damage."

Bieraugel said he had to have his roof replaced, bringing damages on his four-year-old house to $11,000. But some of his neighbors needed $15,000 worth of repairs, he said.

A neighbor down the street counted 265 broken Spanish tiles, and the insurance company decided to replace the whole roof, said Bieraugel.

He said people didn't realize the extent of damages at first. "My sister was in denial," he said.

Hail pummeled his heat pump so hard that the cooling fins have been severely damaged, said Bieraugel. The unit will be replaced with a more energy-efficient model after the first of the year, he said.

Shrubbery also took a beating. The storm destroyed 90 percent of the leaves on spruce and pine trees in his front yard. He said he replaced the trees, which weren't covered by insurance.

Hank Rademacher, an agent with County Financial in Eagle Point, said he personally has dealt with at least a dozen clients whose homes received some kind of damage.

"Most of them are centered around the golf course community and out to Stevens Road," he said. "On Keystone Way, there was a string of five houses in a row that all had to have their roofs replaced."

Sometimes one house would sustain severe damage, while the one next to it would go unscathed, Rademacher said.

Generally, the roofs that have a 50-year lifespan survived better than other roofs, particularly those that are less than 30 years, Rademacher said.

He said he's received claims for vehicles as well.

Eagle Point planner Bunny Lincoln said the city hasn't calculated how many homes were affected by the hailstorm because most of the owners don't need permits for repairs.

"As long as they are not doing anything structural, it doesn't require permits," she said.

Lincoln said she knows several homes that were damaged by the hailstorm, including her own.

"It took me hours and hours to clean up my swimming pool and backyard," she said.

Her house didn't sustain any damage, though.

Rick Holtz, a meteorologist with the National Weather Service in Medford, said large hail usually falls in narrow bands.

Sometimes an area a half-mile away can escape without any hail, he said.

"When you are getting up to that size of an inch or more in diameter, it is somewhat rare here in the valley," he said. "We can go a number of years and not have anything close to that."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

October 30, 2009 - City Says MURA Should Repair Parking Structures

By Damian Mann

Mail Tribune

A parking structure that was built to help revitalize downtown Medford has developed cracks in the roof and flooding problems in the basement that have contributed to an estimated $535,000 in needed repairs, city officials have discovered.

Another parking structure at Middleford Alley also needs an estimated $280,000 of work.

The 10-year-old, $7 million Middleford building, at Riverside Avenue and Sixth Street, and the four-year-old, $10.2 million Evergreen parking structure, at Main and Fir streets, have not been fully maintained by the Medford Urban Renewal Agency. MURA officials said they understood they could not use their main source of revenue — tax-increment financing — for maintenance work.

City Manager Mike Dyal, however, said Thursday the city's attorney has found no state statutes that would prevent MURA from maintaining a building with tax-increment dollars that are specifically designed to fight blight and improve urban areas.

"If you ignore maintenance, you are contributing to blight, which is one of the purposes of the urban renewal agency in the first place," he said.

The tax-increment financing used by MURA and other urban renewal districts creates operating revenue from new property taxes resulting from improvements or construction within the districts.

The city discovered the maintenance problems in the parking structures during negotiations to take over a downtown parking district from MURA.

The city and MURA are in negotiations over who will foot the bill for the structures and are continuing to discuss whether tax increment money can be used for maintenance.

"There is a difference in interpretation," City Councilman Chris Corcoran said.

A sump pump has been placed in the basement of the Evergreen parking structure to keep it dry as water seeps through the walls.

Councilman Dick Gordon said, "The concrete on the top level is cracking and coming up."

The Evergreen parking structure at Main and Fir streets was originally designed as the center of a Bella Vita mixed-use complex that was stalled by lawsuits and the economic downturn. Problems with the structure exist in part because an outside layer of residential and commercial units was never built.

The city could offset some of the costs of repairs by performing much of the work with city crews, but the repairs will still be an expense that someone will have to pay, said Dyal.

"We need to get an understanding," he said. "We're going to look to them to provide the remedy or assist with the remedy, to say the least."

Scott Henselman, a MURA board budget committee member, said he was surprised at the maintenance costs, particularly on the Evergreen structure.

"How can you have repairs of that magnitude on a brand new structure?" he said.

Henselman said he has never encountered any deferred maintenance issues with commercial properties based in the Middleford complex. Henselman owns a commercial real estate management company.

Jackie Rogers, MURA executive director, told the City Council Thursday that tax increment money could not be used for maintenance. She could not be reached for further comment after the meeting.

Deputy City Manager Bill Hoke said, despite the damage, both parking buildings appear to be structurally sound.

Most of the maintenance includes such items as sandblasting, repainting, restriping and crack filling, he said.

"This stuff needs to be done to prevent any further degradation," he said.

The moisture in the basement of the Evergreen parking structure could be the result of the original design of the structure, which was intended to have another building wrapped around it containing residential and commercial space, Hoke said.

Hoke said the city is in negotiations with Ray Kuratek and Jeff Holzman, developers from Bend, to build a residential complex around the Evergreen parking structure.

Hoke said the negotiations are in their early stages, but he expects the developers likely will consider a building of four to six stories in height.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

October 29, 2009 - Skipping School Could Mean A Fine In Jackson County

By Damian Mann

Mail Tribune

MEDFORD — Youths could be fined or face community service for chronically skipping school under a new ordinance passed Wednesday by Jackson County commissioners.

Educators say the ordinance will give them more leverage in cracking down on students who refuse to go to school.

"This is really a tool of last resort," said Angela Curtis, director of the Jackson County Commission on Children and Families.

Unanimously approved on the first reading by county commissioners, the ordinance could take effect at the beginning of 2010.

Under current law, officials can fine only the parents if their children fail to show up at school.

The new ordinance allows attendance officials to seek citations in juvenile court against truant children ages 12-18. The citation could lead to a contempt order if the youth continues to skip school.

Attendance at many schools in Southern Oregon hovers at 90 percent or less, according to the Oregon Department of Education; 92 percent is required by the No Child Left Behind act.

Under the ordinance, chronically truant students may be required to perform community service, including serving at a neighborhood school or a nonprofit. Stronger penalties include a $500 fine or detention, which are considered measures of last resort, said Curtis.

"In some instances it takes a little bit more encouragement for the youth to return to school," she said. "This provides a mechanism to hold that youth directly accountable if the parents are doing all they can."

Schools, the county Commission on Children and Families and the District Attorney's Office will be part of a coordinated effort behind the truancy ordinance, which is expected to reduce juvenile crime and the dropout rate.

The program is based on a similar effort in Klamath County that has cut down on truancy there, Curtis said.

Before any actions are taken against students or parents, attendance officials assess the student, looking at economic, mental health and family issues.

Sometimes a student just needs a new pair of shoes as encouragement to get to school, Curtis said.

If a truant needs more encouragement, the ordinance will allow educators to send him to select nonprofits and schools for community service. Curtis said these organizations would also offer some kind of education to help the student as well.

Educators are estimating the program will lead to about 10 percent of truant students receiving citations and 3 percent getting contempt orders, Curtis said.

The ordinance shouldn't cost schools more money, but will be incorporated into the work already done by truancy officers and attendance officials.

J. Adam Peterson, deputy district attorney, said the new law shouldn't overburden the justice system.

"As a matter of fact, it should have the opposite effect," he said. "It should lessen the burden on the District Attorney's Office."

Last year, 55 parents were cited for failing to get their children to school, he said.

Some of the parents made every effort to get their children to school by driving them there, dropping them off and watching them go through the door.

"Then the parents have to go to work, and then the kids skip out," Peterson said.

Continuing to go after the parents is futile at this point, so the ordinance will provide a new avenue that might compel many students to go back to school, he said.

It will be up to attendance officials to decide the best course of action, which might include contacting Peterson's office to take the legal steps.

Peterson and Jackson County Circuit Court Judge Lorenzo Mejia drafted the ordinance, he said.

Betsy Mathas, who helps track down truant students for five local school districts and works for the Southern Oregon Education Service District, said she expects the ordinance to help bring many students back to school.

She said students she sees are often defiant because they don't face repercussions if they skip school, often saying it's their parents' problem.

"They will be accountable for their actions," she said. "It will help some of them straighten up."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.