Damian Mann

March 20, 2010 -- Rogue Advocates Environmental group gaining praise, condemnation

2010-03-20T16:45:00.000-07:00

Jimmy MacLeod of Williams is one of the principal volunteers for Rogue Advocates, a land-use watchdog group that is making a name for itself in Jackson and Josephine counties.

By Damian Mann
Mail Tribune

With relatively little fanfare, a new group of Southern Oregon environmental activists has taken the lead in opposing controversial Jackson County planning decisions, earning praise from other environmental groups and condemnation from those who favor more development.

Rogue Advocates' main voice is Jimmy MacLeod, 53, a Williams resident who volunteers his time. MacLeod said the organization carefully chooses the cases it takes and develops arguments that will stand up to legal tests. So far, that strategy has worked.

"Mostly for the stuff we've tackled, we've been successful — either part of it, or the whole enchilada," MacLeod said.

That success has earned Rogue Advocates no friends among those who favor fewer restrictions on property rights and development. Jack Swift, the lead attorney for Citizens for Constitutional Fairness, acknowledges he has referred to Rogue Advocates as a land-use vigilante group.

"If you are planning to do something, you have to anticipate this group is going to appear and challenge you," the Grants Pass resident said.

Citizens for Constitutional Fairness formed to battle in the courts for Measure 37 rights.

MacLeod said in general, state laws have been fairly effective at inhibiting unrestrained growth. The trouble starts at the local level, he said.

"The (county) commissioners' job is to facilitate growth in the area," he said. "If it makes money now, it will be up to the next generation to pay the bill."

Swift said the land-use process is geared toward confusion and expense, which makes development on rural land in Oregon a difficult and risky proposition.

"You have five tiers of regulation, one on top of the other," he said. "A person has to negotiate through this three-dimensional maze."

Because of the complexity of the maze, Swift said it is relatively easy for a land-use watchdog group to battle a landowner.

"You have these no-growth advocates who challenge anything in that three-dimensional maze at no cost," he said. "It is very easy (for Rogue Advocates) to be successful."

He said some environmental groups view any growth as detrimental, and ultimately want to undo the growth that has already occurred, Swift said.

"They would really like to see it return to the 18th century," he said.

MacLeod said it is unfair to characterize his organization as being opposed to any development. He said Rogue Advocates wants to strike a balance that will allow some growth, while encouraging a vision for long-range planning.

"I don't believe in just naysaying," MacLeod said. "There are valid issues on both sides of the debate."

The idea for Rogue Advocates first emerged one day when MacLeod went hiking with Spencer Lennard, another environmental activist, above Applegate Lake. They reached a certain vantage point where they could look out over both the Rogue and Applegate valleys. What they saw on the Rogue Valley side made them think that a lack of planning would lead to more sprawl.

Lennard had worked with KS Wild, and the two talked about creating an organization that would tackle land-use issues head on. MacLeod said he was worried the new organization might step on the toes of Friends of Jackson County or 1000 Friends of Oregon. Later, he learned they welcomed the new organization and they will be working together on certain land-use projects.

At the outset, Rogue Advocates concentrated almost entirely on Josephine County issues. By 2008, it became more active in Jackson County, Now, Rogue Advocates is handling more issues in Jackson County than in Josephine.

Choosing cases is not necessarily based on a fixed policy, MacLeod said, but mostly on whether a land-use action is precedent-setting or has some county-wide significance.

With an annual budget of about $30,000, the organization relies on volunteers, though Ashland attorney Sarah Vaile is paid.

Jackson County Commissioner Jack Walker said his goal as a property rights advocate has been to make local ordinances no less restrictive than state laws.

"That's been a goal of mine since day one," he said.

Walker said Rogue Advocates and other groups want the county to remain more restrictive than the state and will likely fight his efforts at every turn.

"You're looking at a group out there that is looking at every excuse to appeal a land-use decision," he said.

Brent Thompson, of Friends of Jackson County, said he welcomes Rogue Advocates into the community of organizations concerned about the environment and growth in Jackson and Josephine counties.

He said Friends of Jackson County has been focused on a regional effort to map out the growth of Jackson County in anticipation of a doubling of the population.

MacLeod said unrestrained growth will strain transportation systems, lead to sprawl and ultimately promote a poor quality of life that large urban areas already face, he said.

"There is a whole lack of vision for something better," he said.

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

March 5, 2010 - $90,000-plus salary could be a major reason for increase in number running for county commissioner seats

2010-03-08T21:58:00.000-08:00

By Damian Mann
Mail Tribune

A $90,000-plus salary may be among the reasons the races for two Jackson County commissioner seats have drawn a crowd.

So far, 10 candidates are on the ballot for the May 18 primary, a number not seen since the 1990 and 1994 elections. The filing deadline is March 9, and at least one more Democratic candidate might file, which would push the number to a record level.
How much does a Jackson County commissioner get paid?

Commissioner Dave Gilmour, who is not seeking re-election, said he's not sure what impact the salary has had in attracting candidates.

"I don't think it's the main reason," he said. "But it is a reason."

The three commissioners each have a salary of $94,661, plus $27,000 in benefits. A new commissioner would have a starting salary of $90,168.

Two years ago, a county salary committee recommended the commissioners' pay be raised from $68,432 to $86,341. In addition to the raise, the commissioners could receive a step increase each year, subject to approval by the salary committee. As a result, the salary increased to $90,661 last year, then to $94,661 this year. In the past two years, commissioners have seen their wages jump by 38 percent.

Candidates for the two seats have said they are running to address issues and to improve county government.

However, some have said the salary is appropriate for the kind of professional skills required for the position.

Gilmour said the county commissioner position has become more professional over the past few years, and the salary reflects that trend.

The salary could be one of many factors a candidate weighs when making a decision to run, Gilmour said.

"If it attracts the best people, it is well worth it," he said.

Gilmour, who also works as a Central Point doctor, earlier said he wouldn't take the salary increase but now says he has decided to accept it in his last year as a commissioner because he needs the money.

"It's a little bit of self-interest as I transition back into my practice," he said.

Gilmour said he decided to take the extra money this year to help save for a three- to four-month period next year in which he will not be fully compensated during his transition back to work as a full-time doctor.

For most of his almost eight years in office he has taken a lesser amount in salary than his two fellow commissioners.

"The main thing is I saved $150,000 to $200,000 in salary and benefits that I did not take," he said.

Commissioner C.W. Smith initially turned down the salary increase two years ago, but decided to take it after his re-election in 2008.

Smith said he's not sure how much of an effect the salary increase has had on attracting new candidates.

But, he said that an appropriate salary for a commissioner makes it worth the risk for someone who already has a good career but wants to run for political office.

Smith said county government is a more dynamic part of the community in recent years, dominated by land-use decisions, reopening libraries and steering the budget from a deep hole to building reserves.

Commissioner Jack Walker, who said he intends to file his candidacy papers this week, said that one of the goals of the salary hike was to attract qualified candidates with business sense.

"Our big effort was to get business people involved in government," Walker said. "It makes a huge difference."

Walker said the county is being run more like a business now, which has put the county in a better financial position than it was three years ago, saving millions of dollars in the process.

As part of this effort to run the county like a business, Walker said it requires paying people salaries comparable to what they would have received in the private sector.

"I think it's an incentive to say I've always wanted to participate in government and now I have this opportunity to do this," he said.

Allen Hallmark, chairman of the Jackson County Democratic Central Committee, said he thinks the salary could be a factor, but from his knowledge of Democratic candidates it is far down the list of reasons to run.

"Most of these guys are pretty sharp and could earn a living some other way," he said.

Hallmark was surprised the salary now topped $90,000, but said a commissioner should be considered a professional who spends a lot of time on behalf of the community.

Mark Ness, chairman of the Jackson County Republican Central Committee, said the salary might have some effect on a candidate's decision to run.

"I think that's one of the attractions to it," he said.

However, he added, candidates also have a strong desire to be involved in the politic process and to contribute to the community.

Ness said he doesn't begrudge the commissioners their salary.

"I think the people should be paid well, and there should be a lot expected of them," he said.

He added, however, the benefits packages should be cut, and those running for political office should find their own retirement and health care.

For most people, he said, running for an elected office doesn't make sense because of the time involved and the lack of compensation. He noted that city council members are volunteers and state legislators receive relatively modest stipends.

The commissioners are one of the only local exceptions he could think of.

"Honestly, I don't think they're overpaid," Ness said.

Jan. 24, 2010 - Medical pot a growing presence

2010-01-24T21:58:00.000-08:00

By Damian Mann
Mail Tribune

Next to the federal courthouse in downtown Medford, medical marijuana patients pass in and out of a nondescript building where cannabis is smoked, grown and exchanged between patients.

In the lobby, something that looks like driftwood sits on a desk. It's the stump from a massive marijuana plant that produced 16 pounds of dried bud in a growing climate that many growers say rivals Northern California.

It's no accident that Southern Oregon NORML moved into these offices, where its volunteers have windows that overlook the courthouse parking lot used by judges and sheriff's deputies unloading prisoners for trials.

"The fact that the federal courthouse was here is the icing on the cake," said Mel Barniskis, information manager.

SO NORML is one of eight businesses that have sprung up in the Rogue Valley in the past two years to help patients with the complicated process of getting a medical marijuana card and connecting with a grower who can provide the medication allowed under the Oregon Medical Marijuana Act of 1998. In 2006, Senate Bill 1085 increased the number of plants and quantity of dried marijuana a patient could possess to six mature plants, 18 immature seedlings and 24 ounces of usable cannabis.

Cannabis advocates hope setting up SO NORML's operation next to a courthouse sends a message that the medical benefits of marijuana are more widely embraced, laws are relaxing and the stereotype of "Reefer Madness" is fading away.

Jackson County has the third-highest number of medical marijuana cardholders of the 36 counties in the state at 2,931, according to the latest figures from the Oregon Medical Marijuana Program. Both Jackson and Josephine counties have the highest number of cardholders per capita in the state.

Barniskis said SO NORML, where the smell of marijuana is sometimes evident upon entering the lobby, makes every effort to follow the law and get along with its neighbor, the federal government, which still classifies marijuana in the same category as heroin. The federal government in October agreed not to arrest patients who comply with state laws allowing medical marijuana.

"We have to be operating within the law or we're the biggest idiots in the world," Barniskis said. "We're not the biggest idiots in the world."

Marijuana-related establishments such as SO NORML are part of a growing cottage industry allowed under Oregon's medical marijuana law. But both advocates and opponents of medical marijuana want to change the law, which many think is vague and lacks adequate oversight.

Marijuana proponents' goals range from fully legalizing the drug to classifying it as a prescription medication available at drugstores.

Opponents, particularly law enforcement, want more restrictions and regulation, saying current laws open the door to more cannabis production, which they fear will lead more people into a world of drugs.

Medford Deputy Police Chief Tim George said lax marijuana laws have led to a boost in pot seizures.

His drug unit confiscated 5 pounds of dried marijuana in 2008 and 108 pounds in 2009. "We expect our numbers to be off the charts in 2010," he said.

George criticized current laws that allow a cardholder to possess up to 24 plants and 24 ounces of processed marijuana, the most of the 14 states that have medical marijuana laws.

Medford Police Chief Randy Schoen said marijuana clinics such as SO NORML generate very few complaints, but if problems arise he will consult with the Jackson County District Attorney's Office to help determine whether they are operating within the law.

He said he would wait until a specific case arises before commenting on the legality of these operations. "We have our opinions whether it is legal or not," said Schoen.

In addition to SO NORML and three others in Medford, medical marijuana clinics have opened in Ashland, Rogue River and Grants Pass. Not all have been without incident.

Brenda Thomas, manager of the Hemp and Cannabis Foundation in Grants Pass, was arrested in November after law enforcement agents alleged she and others had 200 pounds of marijuana.

SO NORML's offices are just a few blocks from the Medford police station, and Barniskis said she and the rest of the staff welcome the police and anyone else who wants to take a look at their operation.

Far in the back of the building, SO NORML has a smoking lounge for people with medical marijuana cards, who can exchange marijuana to find out which strain provides the best treatment for a variety of medical problems. This is one of the few areas that are off-limits to the general public.

She said the operation is self-policing, booting out any member who tries to sell marijuana or does anything that conflicts with the law. About 350 members pay a $100 annual fee, or $35 if they are considered low-income. Some 250 growers are part of the organization, many of whom also have medical marijuana cards.

Sometimes problems do arise, she said. A grower might tell a patient that the plants got ripped off, only to turn around and sell the marijuana for top dollar on the black market.

"You're always going to have somebody abusing the system," Barniskis said. "We as an organization are attempting to weed that out as much as possible."

Local police agencies have been cracking down on medical marijuana growers who exceed the limit allowed by law. On Monday, a marijuana grow site was raided in Gold Hill for allegedly containing 80 pounds of processed marijuana, far more than the legal limit of 12 pounds for the site, which had two registered growers. Police arrested Tommie Dean McIntosh, 37, on manufacturing, possession and distribution of marijuana, as well as being a felon in possession of a handgun.

Medical marijuana users face other dangers, as well. On Friday night, the Josephine County Sheriff's Department reported that two armed men staged a home invasion robbery at the home of a Cave Junction man, stealing his medical marijuana and leaving the man with a fractured skull and two broken fingers.

Barniskis said law enforcement needs to better understand how pot is smoked, ingested and grown before concluding that the six mature plants and 18 immature plants allowed per patient are too much. Indoor operations produce only a few ounces per plant, while outdoor grow sites can develop several pounds of marijuana from a single plant. Outdoor cannabis sites are subject to thievery, bug infestations and mold that can kill a crop, she said.

A marijuana cardholder herself, Barniskis said some patients get better relief from ailments by taking tinctures or eating marijuana, rather than smoking it. But eating marijuana requires more plant material to get the full medicinal benefit, she said.

Barniskis ingests about an ounce of marijuana a week to treat neuropathy, which has caused extreme pain, swelling and bruising in her feet. A former 9-1-1 dispatcher in Alaska, Barniskis said she's tried traditional pain medications to no avail.

Ingesting marijuana is more preferable for Barniskis than smoking because it doesn't produce the buzzy head high.

Patients often try different strains of marijuana to treat different ailments. Barniskis likened choosing the right strain of marijuana to finding the right medication for a headache. And discovering the most effective dosage is like adjusting to high-blood-pressure medication, she said.

Getting a medical marijuana card isn't always a certainty, Barniskis said. SO NORML asks potential patients to look over the list of approved health problems that can be treated with medical marijuana. If they don't have a malady that fits, they are told they won't qualify.

"You can't get a casual pot card in Oregon," she said.

If a potential patient does appear to qualify, he is told to go back to his regular doctor. If the regular doctor won't sign the recommendation for the card, there are up to 24 local doctors who will review medical history before signing the form for a fee. One Medford clinic charges $175 for a consultation.

Rita Sullivan, director of the treatment recovery program OnTrack Inc., said the biggest problem she has with Oregon's medical marijuana laws is monitoring.

The marijuana laws also make the drug more available locally, she said.

Sullivan said prescription drugs have been a problem for those with addictive behavior, but recent Oregon laws now mean these medications are more closely monitored.

She said marijuana appears to be effective in certain medical situations. The list of medical problems that can be treated with marijuana seems acceptable, but "severe pain" is the most common complaint and can be the most subjective, she said.

In some instances, OnTrack clients have tried to use medical marijuana after getting a state-issued card.

Sullivan said that in general her organization doesn't allow it because these clients have shown a propensity for using other drugs.

"We don't want to play Russian roulette with the people who do use drugs," she said.

On occasion, OnTrack has allowed clients who have advanced AIDS to use marijuana if they are very ill, but it is a very uncomfortable decision for her organization. "It puts these people in a tough spot," she said.

Mark Huddleston, Jackson County district attorney, said he hasn't received any criminal cases so far involving clinics or businesses related to medical marijuana in this county.

He believes most people involved in Oregon's marijuana program are following the law, though he thinks the way it is written invites abuse and doesn't have enough monitoring.

"Enforcement is difficult under the medical marijuana act," he said.

Reach reporter Damian Mann at 541-776-4476, or e-mail dmann@mailtribune.com.

Jan. 20, 2010 - Stink grows over pot control

2010-01-20T22:39:00.001-08:00

Lori Duckworth, executive director of Southern Oregon NORML, shows a nursery of cloned marijuana plants being nurtured for patients in Medford. NORML, or the National Organization for the Reform of Marijuana Laws, opposes Jackson County commissioners’ concept legislation that would limit the amount of marijuana grown and possessed for medicinal use. --Bob Pennell

By Damian Mann
Mail Tribune

Jackson County commissioners Tuesday decided to prod legislators for a solution to neighbor complaints about legal marijuana gardens rather than pursue local controls.

Commissioners said it would be too complicated to enact a local ordinance to deal with odors, traffic, lights and other issues that have been reported over pot gardens in rural areas.

"Quite frankly, smell would be difficult to regulate," said Kelly Madding, director of Development Services.

She said the legal gardens are considered a not-for-profit agricultural crop, so they don't fall under the same constraints as a business.

Madding said a local ordinance, which likely would be challenged in the courts, would require a significant increase in the cost of code enforcement.

Commissioner Jack Walker said the current law is difficult to enforce because of the way it's written.

"No way in the world can you regulate it," he said.

The county drafted a concept law and sent it to legislators asking for more regulation of medical marijuana grow sites, including alerting law enforcement about new gardens.

Legislators might not carry the bill forward for the county until they see how voters respond to several initiatives regarding medical marijuana that could be on the November ballot.

Mel Barniskis, information manager for Southern Oregon NORML, a cannabis resource and information center at 332 W. Sixth St., Medford, criticized the tenor of the county's proposed legislation.

"It seems to serve the purposes of law enforcement, but doesn't address the welfare of patients," she said. "It seems to put more hardships on patients."

Commissioners propose limiting the amount of marijuana on hand at any one time and restricting patients to possessing one ounce. Instead of six plants for a patient, commissioners propose allowing only two mature plants plus two seedlings.

"Allowing so much marijuana provides a clear opportunity for abuse," the concept legislation stated.

With 2,418 medical marijuana cardholders, Jackson County has the third highest number of patients using the drug behind Multnomah and Lane counties, according to the Oregon Medical Marijuana Program.

Under current law, a grower can have up to six mature plants and 18 starts and seedlings per patient for up to four patients.

Barniskis said the concept legislation shows a lack of understanding about the way medical marijuana is grown and used.

Barniskis said there is a big difference in the amount of marijuana that can be grown indoors versus outdoors. An indoor plant generally produces several ounces, while an outdoor plant can produce a couple of pounds, she said. Having additional plants helps ensure a grower won't experience a complete crop failure should bug infestations or mold occur.

Patients' needs for the medication vary wildly, she said. Some ingest the drug because they can't or don't like to smoke it, which requires more plant material to produce the medicinal effect, she said. Some patients require more than an ounce a week to deal with a particular health problem, Barniskis said.

Patients sometimes drive long distances to obtain their medication, so limiting them to just one ounce would also be a problem, she said.

Commissioners want to prohibit grow sites within 1,000 feet of a school. Barniskis said her organization encourages renters who want to grow medical marijuana to move to a different area. In other cases, where someone owns a house, she said NORML strongly advises the growers who are near schools to make sure the plants aren't visible and to take precautions to reduce the smell.

Commissioners acknowledged that initiatives in the works could change Oregon's marijuana laws.

In particular, Initiative 28 proposes creating a regulatory process through the Oregon Department of Human Services to keep better track of growing operations.

John Sajo, executive director of Voter Power, an organization backing Initiative 28, said if voters enact the initiative, it would create more regulatory authority and would resolve some of the problems such as large gardens.

He said the initiative would provide a role for county government to potentially enforce zoning restrictions on marijuana gardens.

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

Jan. 16, 2010 - SOHS plans Jacksonville exodus

2010-01-16T22:37:00.000-08:00

Southern Oregon Historical Society board member April Sevick, left, and Executive Director Allison Weiss discuss the future of the organization and its plans to consolidate into downtown Medford's former J.C. Penney building. Bob Pennell / Mail Tribune photo

By Damian Mann
Mail Tribune

The financially strapped Southern Oregon Historical Society may pull out of Jacksonville and leave the care of historic landmarks to another organization so it can continue to safeguard Jackson County's history and the million artifacts in its collection.

SOHS has proposed to the county that it sell landmarks such as the U.S. Hotel and the Catholic Rectory and lease out other buildings, including the Jacksonville Museum that once was the county courthouse.

If the proposal is approved by the county, a percentage of the proceeds from the property sales could pay off the historical society's debt, and the lease of other buildings could help pay for a newly formed Jacksonville Historical Society.

SOHS closed down most of its operations last year to allow time for reorganization under a new executive director.

Terrie Martin, SOHS board president, said her organization had to make difficult choices to ensure its survival.

"We have to decide what's important," Martin said. "And what's important is our collection."

SOHS hopes to consolidate its operations in the History Center, a 27,000-square-foot building it owns at Sixth Street and Central Avenue in Medford, and concentrate its efforts on preserving and displaying artifacts and documents from its vast collection.

It would continue to own and run Hanley Farm in Central Point and would continue to lease a building in White City that contains about 1 million artifacts. The society also cares for hundreds of thousands of historical documents and photographs.

Executive Director Allison Weiss said there have been discussions about selling the U.S. Bank and the Catholic Rectory. The Beekman Bank also could be put up for sale, but Weiss said the historical society would like more involvement from the community before that idea is seriously considered.

The historical society leases Jacksonville buildings such as the history museum and children's museum from the county for $1 a year and would likely sub-lease them to a proposed Jacksonville historical society for the same cost, if approved by the county. The new historical society would take over the maintenance costs.

SOHS's money problems began when it lost all of its county support in 2007 as part of a lawsuit settlement. Lithia Motors, a tenant in the History Center, moved out in October, ending a lease that generated $150,000 annually and canceling its option to buy the building.

When Weiss took over leadership of SOHS last July, she was looking at an annual budget of $750,000. Now it is $360,000, with two full-time people and a handful of part-time workers.

In its heyday, the historical society received more than $2 million annually through a voter-approved levy and had about 50 employees.

Weiss said the historical society is on life support.

"We could be out of money any month," she said. "It is a very desperate situation."

If the county agrees to sell off properties and a new historical society takes over management of the other buildings, SOHS would save about $100,000 annually in maintenance and utility costs.

The historical society is hoping to receive a portion of the proceeds from the sale of the U.S. Hotel to help pay off a $600,000 loan.

If the historical society, which met with county officials Friday, gets the support of the county for its proposals, it plans to reopen its library to the public on May 4 using volunteers.

To cut costs in the future, Weiss said SOHS will foster partnerships with local organizations such as genealogical societies and share staff with smaller historical societies.

Hanley Farm is not sustainable at present, Weiss said. SOHS may rent out space for farmers, create a partnership with the local extension service and host a community garden for Central Point.

Weiss wants to lease out space in the History Center as well to help raise additional revenue.

She said she has heard all the stories and complaints about the bad blood between the county and the historical society, but her board of directors has decided that the only solution is to forget about those past grievances.

"What can we do?" she said. "It is history. I can't dwell on what we did in the past. We've got to move forward."

Taking care of six buildings in Jacksonville is just too much of a burden, she said.

"We have to get out of the property management business," she said.

Selling off historical buildings doesn't mean they would lose their character. Deed restrictions and their historical designation would help preserve their significance for Jacksonville, she said.

An area in the upstairs of the museum has been cleared out and could be used as a community meeting room if the county sells the U.S. Hotel, where the upstairs ballroom served as a meeting space.

All of SOHS's proposals hinge on county approval.

County Administrator Danny Jordan said he has been working with SOHS officials for several months. He said he is hopeful that a proposal will be forthcoming from SOHS that could be presented to the Board of Commissioners.

Both county and historical society officials say there are no prospective buyers for the U.S. Hotel or other properties, though there has been some interest expressed about the hotel over the years.

If a building were to be sold, it would have to go through a complicated process where the property is declared as surplus, then an auction would be held and if there were no serious offers, it would be put up for sale.

George Kramer, a historic preservation consultant in Ashland, sharply criticized what he sees as strong-arm tactics on the part of Jackson County against a very weakened historical society.

"I don't blame SOHS," he said. "They have a gun to their head and they are trying to save some money. SOHS is on death's door and looking for money any way they can get it."

Kramer said Commissioner Jack Walker forced the historical society to divert funds to repair the roof on the county courthouse, a move that started the friction between the county and SOHS.

"I think the county has played hardball because Jack Walker got so pissed off about 20 years ago," he said.

When voters approved Measure 50 in 1997, a levy that provided $2 million annually to the historical society was consolidated into the county's general fund. Kramer said the county doesn't divert a dime to the historical society.

"The county is the one that has put SOHS in that position, and the county is the one that has taken advantage of that," Kramer said. "SOHS is to the point where it is basically selling a kidney to survive."

What the county forgets is that through the work of the historical society and the city of Jacksonville, buildings such as the U.S. Hotel were preserved years ago and ended up being deeded to the county, he said.

"Don't tell me the county has any claim to anything," Kramer said. "I hold Jackson County entirely responsible for this situation."

Kramer said he is not necessarily opposed to selling a building like the U.S. Hotel, but he thinks the proceeds should go entirely to the historical society and not be shared with the county.

Walker said he didn't want to respond to any personal attacks from Kramer, but did say the historical society appears to be headed in the right direction.

"I am excited about some of the different ideas that are being explored," he said.

April Sevcik, SOHS board member, said the time for rehashing what happened in the past is over if the historical society hopes to move forward.

She said nonprofit organizations everywhere are facing difficult economic times and the historical society wants to work with everyone to find a solution.

"We have tried to create a working relationship with the county," she said. "What was, was, and what isn't, isn't."

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

Any new group that tends landmarks will be pressed

By Damian Mann
Mail Tribune

A newly formed historical society faces an uphill battle to reopen Jacksonville's museum, the Beekman House and other historic buildings. The Jacksonville Historical Society is filing paperwork with the state and federal governments to create a nonprofit organization to run the Jacksonville Museum and other buildings run by the Southern Oregon Historical Society.

"We don't even have a dollar to our name yet," said Jacksonville resident and history buff Larry Smith. "We don't even have a bank account. This thing is still being formed."

Smith said the decision by SOHS to pull out of Jacksonville after 65 years caught him and other residents off guard as they scramble to create their own historical society.

"I was surprised the Southern Oregon Historical Society gave up so quickly in Jacksonville," he said. "They are burning their bridges. They are leaving so fast."

Discussions about selling the Beekman Bank also have caused bad feelings, he said. The bank contains a collection of Gold Rush artifacts that he said shouldn't be moved out of the building.

"You would lose the historical context if you move everything out," he said.

Smith said he could see selling off the U.S. Hotel.

If the new historical society takes over the museum, Smith said it will inherit a lot of deferred maintenance, with costs estimated in the tens of thousands of dollars.

He said there is no elevator to the second floor, which would make the room upstairs unavailable to the handicapped.

There is no bathroom in the building or running water, which would make it difficult to lease out space, he said.

Although SOHS would share artifacts with the new historical society, Smith said there has been talk of a fee, which would be difficult for his struggling organization.

He said the Beekman House could be tied into the Britt Festival grounds, offering a venue for weddings and musical events in a space in the back of the building. The Children's Museum would remain as is, and the building, a former jail, is in pretty good shape, Smith said.

Brooke and Mel Ashland, who were involved in restoring the historic three-story Jacksonville School, are also part of the new historical society, Smith said.

Since the events have unfolded so quickly, Smith said his organization has had only a few weeks to begin grappling with the enormity of the task ahead of it.

"There are no easy answers, and we don't know if we would even be successful at this point," he said.

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

Dec. 30, 2009 - Making the Best Of It: Bean Counting

2009-12-30T21:20:00.000-08:00

Jared Rennie, co-owner of Noble Coffee in Ashland, samples the effects of different roasting methods on green beans in the roasting room Tuesday. Mail Tribune / Jim Craven

By Damian Mann
Mail Tribune

EDITOR'S NOTE: This is the fourth in a six-day series on ways local residents are reinventing themselves in hard times.

Step inside Noble Coffee Roasting in Ashland's historic Railroad District and lines sometimes stretch to the door as customers happily part with $2.25 for a cup of java.

Opening a business in the middle of a recession is risky, but starting this high-end coffee shop last May with big-city pricing seemed even riskier.

"It's an affordable luxury," said co-owner Jared Rennie, who started Noble as a roasting business out of his garage two years ago and often mans the espresso machine in the coffee shop at 281 Fourth St.

Judging by his patrons, the coffee is more of a necessity than a luxury.

"I have the curse of seeking quality," said 28-year-old Ashland resident Nick Roberts. "They go above and beyond anything else in town."

Roberts said he's not well off, but he just can't abide bad coffee. He often savors two or three cups of his preferred brew while he works on his Apple computer.

"If the price seems high to you, you can go to a grocery store and get some Yuban," he said.

His girlfriend, Zoe Samczyk, said she likes the environmental ethic of Noble, which buys organic, fair trade coffee and offers only cane syrup and organic milk products.

"Everybody I know who makes coffee at home buys from these guys," she said.

Unlike her boyfriend, Samczyk limits herself to one cup of coffee but was sipping on tea during her visit Tuesday.

When the owners — three couples — first started planning the coffee shop in 2007, the economy seemed healthy. But by the time they opened last May, the recession hit hard and Rennie, who is a former teacher, and his partners wondered whether their idea would work.

"At that point we were already in it," he said. "You make a decision and ask yourself, 'Gosh, do we think our idea is good enough to open up in any given time?'"

Many businesses base pricing on what the owners think the market can bear, then go out and find the cheapest products to create as much profit as possible, he said.

But 33-year-old Rennie and his partners decided to gamble on a different approach: Buy the best quality beans, roast them on site, then brew the coffee in a French press. If it isn't drunk within 45 minutes, throw it out.

Rennie said the partners decided to find out how much it would cost to pour the perfect cup of coffee, then add a little extra on to make a profit for the owners.

They also gambled on the location, a side street away from downtown that was relatively quiet before they opened the doors.

As a result, they had to turn the coffee shop into a destination, which Rennie describes as modern, sleek and cozy. A bookstore, the Palace Cafe and other businesses also moved in this year, and the formerly empty street is crowded with cars.

"There's a renaissance in the Railroad District," Rennie said.

Many of his customers treat the coffee shop as a second office. Rennie points to two men working on computers who have been developing an Internet-based company.

From the first day of its opening, Noble hasn't lacked for customers. The number of employees has increased from five to 15 since May.

"It's beyond amazing," co-owner Kelly Sacks said.

Most of the customers are locals, said the 44-year-old Ashland resident, but sometimes a tourist on Interstate 5 will call looking for directions to make a quick pit stop for coffee.

Other owners include Carolyn Rennie, Steve Sacks and Caleb and Libby Peterson.

Jared Rennie started Noble out of his garage, selling beans online and to local businesses.

He speaks Spanish, so he's able to contact farmers directly in Costa Rica or Nicaragua. One of the premier beans he now sells is produced by a woman farmer in Costa Rica, Francisca Cubilla. Sacks of beans imprinted with her name, phone number and e-mail address sit on a pallet waiting to be roasted. Rennie said it is unusual to find a woman coffee grower in Latin America.

If you think $2.25 is a lot for a cup, try the $4 siphon pot brewing method that resembles a chemistry set and works on a vacuum system to filter the coffee from the grounds.

The siphoned version on Tuesday featured Cubilla's Costa Rican roast, which is also the top selling bean, costing $18 for a 12-ounce bag.

Rennie and roaster Sam Sabori demonstrated a process known as "cupping," in which they sample the effects of different roasting methods on green beans.

Customers can view the roasting through windows and watch as Rennie and Sabori almost stick their noses into a cup or loudly slurp a sample of coffee.

"Oh my God, that's strawberries," exclaimed Rennie, describing the taste of a blend of Sumatran and Ethiopian beans.

Sabori, who laboriously logs every roasting in a three-ring binder, said Noble tries to determine the roasting method that brings out the full flavor of the beans, which often contain subtle or pronounced berry flavors.

"We're trying to let the beans do what they want to do," he said.

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

Dec. 28, 2009 - New law expected to curb metal theft

2009-12-28T20:22:00.000-08:00

Michael Melton, general manager of White City Metals and Supply, stands next to bins of scrap wire. A new law requiring a state certificate to haul scrap metal will take effect Jan 1. Mail Tribune / Jim Craven

By Damian Mann
Mail Tribune

If you're going to haul away scrap metal from your yard, be prepared to get a state certificate Jan. 1 or you will be breaking the law.

Senate Bill 570 requires everyone transporting metal to get the certificate or risk a fine of up to $1,250 or a maximum 30 days in jail.

"What I'm encouraging people to do is to have the certificate — you can print it off the Internet, said OSP Sgt. Stephanie Ingraham. "Save yourself some trouble — just have it."

The certificate will require identifying where the metal was obtained, which doesn't sit well with people who routinely go to scrap yards.

"It seems like a big hassle," said Cory Corbett, a 23-year-old White City resident who works for a refrigeration company.

He brought a load of old refrigeration equipment, motors and condensers that he figured would fetch about $200 or $300 to Schnitzer Steel in White City.

Corbett said it would be difficult to figure out where everything came from, saying the motors were salvaged from 60 different stores.

Bobby Maley, a 31-year-old White City resident, said, "It's going to me a mess."

Maley goes around neighborhoods, knocking on doors, looking for scrap wherever he can find it. Maley said he will have to keep a log of where he gets the metal before he fills out the certificate.

If a person is stopped by law enforcement and doesn't havethe certificate, it would benecessary to prove ownership of the metal as a defense against any possible penalties.

The new law is designed to help law enforcement better track shipments of metal to crack down on the growing problem of metal theft.

Scrap metal yards will be required to inspect the metal transportation certificate and report any suspicious behavior.

Any attempts to alter metal so that its original ownership cannot be detected also is against the law.

Michael Melton, general manager of White City Metals and Supply, said the new law is an expansion of another law that took effect last Jan. 1 and requires his company to take a picture of the scrap sellers, their vehicles and the materials they bring in. In addition, a copy is made of the driver's license.

Many people burn off the insulation surrounding copper wire, but Melton no longer can accept it even though it is worth more money by the pound as bare wire.

Previously, he paid cash for many small transactions, but the state will be requiring a check. The check, however, will have to be held for three days before the seller can receive it.

Some sellers would bring in as little as 63 cents worth of metal, but Melton said he will have to institute a $15 minimum because of the extra paperwork for the checks.

He said the new procedures will be a hassle mostly for the sellers, but not for his company, which already has instituted about 90 percent of the new regulations.

"The big thing is getting people trained because it has been a free-for-all for so long," he said.

Melton said he has seen his fair share of suspicious activity over the years.

A woman was bringing in enough telephone cable each night to pocket $300 to $400. This went on for about four months in 2008 and 2009 before someone saw the woman with a telephone company logo on her shirt. An investigation ensued and the woman was arrested, he said.

One of Melton's employees was arrested in 2007 for stealing wire and hiding it in a lunch pail, then selling it later at Schnitzer Steel.

High prices for metal encourage thievery. Bare copper has been selling for $2.54 a pound and aluminum brings about 40 cents or more a pound, depending on quality.

Even with the new law, Melton said criminals will find a way to make money illegally.

"People are relentless in their pursuit of finding something to steal," he said.

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

December 20, 2009 - Road warriors

2009-12-20T19:21:00.000-08:00

Sue and Dan Young stand on the portion of Millers Gulch Road they own off Rogue River Highway near Valley of the Rogue State Park. The Youngs have been locked in a legal dispute over turnouts on the roadway with a silica mining operation up the road. -- Jim Craven

By Damian Mann
Mail Tribune

Litigation and bad behavior have become a way of life on Millers Gulch Road outside Rogue River, where an easement dispute between the property owners and a mining operation has dragged on for more than three years, sometimes turning violent.

"Somebody's going to get killed over this road," said one of the neighbors, Bob Caldwell Jr. "That's how bad it is."

The first mile of Millers Gulch Road, which is off Rogue River Highway near Valley of the Rogue State Park, traverses property owned by Dan and Sue Young. The couple have been locked in a legal battle over turnouts on the roadway with Magma Gold Inc., the owner of the Bristol Silica Quarry at the end of Millers Gulch. The Youngs, who have owned the property for 18 years, also have denied road access to nearby neighbors who don't have easements.

Neighbors came to blows in 2007, leaving one with a cracked skull and another with an arm gouged by gardening shears. Shots allegedly have been fired. And there have been confrontations with trucks using the road to get gravel from the quarry.

Disputes over road easements in Jackson County flare up frequently as questions arise over boundaries or vague agreements that may have been made a 100 years ago.

Most of the time they are settled, county officials say. But sometimes, as in the case of the Youngs versus Magma Gold, they must be resolved by the courts. According to the Jackson County District Attorney's Office, two or three cases in which a civil property disagreement turned criminal pop up each month.

"I think disputes over easements are very common," County Surveyor Kerry Bradshaw said. "You hear about them weekly."

Decades ago, the exact location of an easement wasn't that important for a couple of friendly landowners.

"It used to be just a handshake," said Bradshaw. "Now, it's got to be very black and white."

In the past, landowners often would move roadways regardless of easements because the rains would wash out the old tracks.

Bradshaw recalled one Phoenix property owner who wanted to develop a portion of a public right of way that was originally designated for an extension of Valley View Road. When the survey was conducted, the right of way was actually 200 feet from the existing roadway, Bradshaw said.

Property disputes tend to occur more often in rural areas, Bradshaw said.

"In urban areas, they don't get too upset about things being a half-foot off, but you get out in the country, and they will fight over an inch in a half-mile-long boundary," he said.

Who's at fault on Millers Gulch is still being played out in the courts, as the Youngs contend the mining operation has illegally widened an easement on their property. They also have warned nearby property owners who don't have an easement not to ride their horses or motorcycles on the road.

The Youngs face misdemeanor charges for various disorderly conduct and reckless driving incidents this year. They say the charges are based on overblown and unfounded statements and that initial misunderstandings with the Jackson County Sheriff's Department unfairly led to the charges levied against them.

They note a 2007 incident in which they said a front-end loader from the mine crashed into their truck. The court, however, found the Youngs' truck crashed into the loader, a ruling they continue to dispute.

"My husband's been beat up, arrested, shot at and run into," said 53-year-old Sue Young. "What's next — oh, yes, he's been sued."

Jackson County Circuit Court Judge Mark Schiveley has ruled in favor of Magma Gold's right to various turnouts along the road. Schiveley walked the roadway in an attempt to determine its boundaries, then ordered a survey.

In a Nov. 24 opinion, Schiveley said based on the Youngs' actions over the past year, he would have granted Magma Gold's earlier request for an injunction against the couple preventing them from interfering with the mining operation.

The Youngs' attorney, Mark Haneberg of Medford, will attempt to change the judge's mind about the turnouts when he appears in court Monday. If that isn't successful, the Youngs have vowed to appeal because they see the judge's decision to allow Magma Gold to access the turnouts as an unfair taking of their property.

Legal debates over Millers Gulch can be traced back to 1976, when a judgment was rendered affirming the center line of the roadway, but no clear determination was made at the time about the width of the road.

Haneberg said the roadway width has changed over time through various court decisions. One portion was 23 feet in 2002, then a court judgment in 2008 ruled it was 30 feet and now it is 38 feet wide, according to a survey last June.

Haneberg said the dispute over the easement on Millers Gulch has become obscured by neighborhood confrontations and other side problems that have erupted.

He said the basic issue is the mining company has taken more of the roadway than it should be entitled to according to the 1976 survey.

"In any case you've got this conflict that has turned bloody, even deadly," Haneberg said.

He said his clients got off on the wrong foot with the sheriff's department because deputies thought the private road was a public right of way.

"Somehow the police have made these people outlaws," said Haneberg, who has posted no-trespassing signs along the roadway. The signs have been defaced, he said.

His clients' blunt, no-nonsense demeanor hasn't helped the situation, Haneberg said. "They failed the attitude test with the sheriff's (deputies)," he said.

Haneberg said he was reluctant to take on such a complicated case initially, but when he saw the damage to the truck, he concluded it couldn't have run into the front-end loader. The damage was to the driver's side fender, not to the front of the truck, which sits in the Youngs' driveway. That kind of damage couldn't have been inflicted by a truck ramming a front-end loader, Haneberg concluded.

Dan Young said disputes over the road with neighbors below him led to the fight in 2007, which landed him in bed for a week after he was punched and fell to the ground, cracking his skull.

At first he didn't think he was badly injured, but ultimately he sought medical care. "If I hadn't gone to the hospital, I would be dead," he said.

"It sounds like a bad movie," Sue Young acknowledged, adding it probably didn't help when she called deputies "Nazis" when they surrounded her house.

Kendell Jackson, a Grants Pass attorney for Magma Gold, said neither she nor her clients would comment on the case.

In a court affidavit filed in June 2007, Janice Perttu, who leases the mine along with her husband, Rauno, stated the easement is about one mile long and averages about 20 feet wide, with three turnouts.

Perttu described various attempts by the Youngs to block access to the turnouts and confront customers with vulgar and profane protests.

"I am afraid if defendants persist, their behavior will become more violent and someone will get hurt," Perttu stated.

Sheriff Mike Winters said his deputies have responded to multiple complaints on Millers Gulch over the years.

In his years of experience, he said some property owners continue to think they control the road even though easements have been granted.

"The thing people can do is use your attorneys and use the court system and don't take the law into your own hands," he said. "Don't let anger cloud your judgment."

Winters said he doesn't know all the particulars of the Youngs' situation, but he said anyone who uses the court system over and over should review their own behavior.

Deputy District Attorney Laura Abraham said the charges against the Youngs are not major crimes, but involve such allegations as spraying someone with a high-pressure hose and throwing gravel at a car.

Generally in property disputes, Abraham said, it's one incident that erupts, leading to a charge filed against a property owner. In this case, there are seven separate charges against Dan Young and two against Sue Young.

"It's a strange situation," she said. "It's an example of where a civil problem can become criminal when people take things into their own hands."

Caldwell, a neighbor who said he saw the fight between Dan Young and another neighbor, said he didn't want to take sides in the controversy, but he believes the dispute has turned ridiculous.

"I think it is at the point that both sides have decided that no matter what the cost they are going to be the victors in this," he said.

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

Dan Young shows a sign his attorney posted that was vandalized in the Millers Gulch Road dispute near Rogue River. -- Jim Craven

December 14, 2009 - Fighting for free speech

2009-12-14T21:36:00.000-08:00

An Oregon Supreme Court ruling in 2006 determined a 1971 law limiting billboards outside of commercial or industrial areas was unconstitutional, allowing the Online Auction sign off Interstate 5 north of the Blackwell Road exit to remain. Alan Herson of Jacksonville was the winning attorney in the case.
--Bob Pennell

By Damian Mann
Mail Tribune

A landmark legal battle in Oregon that resolved a billboard dispute at Callahan's Restaurant has boosted a Jacksonville attorney's career and renown as he fights sign ordinances in dozens of cities and counties.

Alan Herson has been in the national spotlight lately in an ongoing legal battle to allow a new sign in San Carlos, Calif., that depicts Sarah Palin and supports her bid for the presidency in 2012. A federal judge ruled in October that the city should stop enforcing part of its sign ordinance because it restricts free speech.

Herson, 63, is fond of taunting government bureaucrats by paraphrasing the famous Superman quote, "I'm fighting for truth, justice and the American way."

"It gets the opponents really upset when I say that," he said.

Herson said many of the more than a dozen cases he's filed in California and Oregon have been settled because it is difficult to craft a sign ordinance without stomping on the First Amendment's right to free speech.

In Jackson County, Herson fought for Callahan's right to erect an illuminated sign off Interstate 5 near the Siskiyou Summit, which was opposed by county officials and the state of Oregon.

"If he hadn't have stepped in, we wouldn't have had any sign," Callahan's owner Ron Bergquist said. "We wouldn't have been in business."

The Oregon Supreme Court in 2006 determined a 1971 law limiting billboards outside of commercial or industrial areas that advertise something not available on the premises was unconstitutional.

Bergquist, who started his fight in 1996, said he built the sign without permission after the county rejected it. At the time, he said he vowed to fight against any government entity that threatened to take it down because it would violate his free speech. "We will protect our property with firearms if necessary," he said.

Bergquist said he pays $30,000 a year in taxes on his property, zoned interstate commercial, so he thinks that should have given him more sway with government officials when he erected a sign designed to attract visitors from the freeway.

While he thinks sign ordinances conflict with free speech, Bergquist said he's conflicted himself about the idea of allowing billboards everywhere in Oregon.

"I value the beauty of Oregon," he said. "I don't want to see freeway billboard signs every 100 feet."

Herson himself lives just outside of Jacksonville, which is not known for a proliferation of signs.

His latest battle is in San Carlos, where he has been fighting for the right for his son to erect a billboard. The city has banned billboards since 1991.

The suit has drawn national attention because the billboard owner wants to put up a Sarah Palin-for-president photo in a liberal area.

Herson said he believes he will prevail in San Carlos because sign ordinances face an uphill battle against free speech.

"Governments tend to be restrictive and order people around, and they shouldn't," he said.

Contrary to the naysayers, getting rid of Oregon's sign law hasn't led to a flood of new billboards, Herson said.

"Oregon survived the overturn of that law," he said.

Rep. Peter Buckley, D-Ashland, said it has been difficult to craft a state law that could address billboards without infringing on free speech in light of the Supreme Court ruling, but that the Legislature likely will keep working on it.

Though some billboards have sprouted up in Oregon since the Supreme Court ruling, Buckley said, "It has not resulted in an explosion of billboards."

Bernie Zieminski, a property owner who has an "onlineauction.com" sign near Gold Hill, said he doesn't know Herson personally, but the Supreme Court ruling meant that he could keep his billboard.

"That pretty much shut everybody up," he said.

Both the county and the state wanted Zieminski to remove it before the ruling. Recently, Zieminski had the sign replaced because the old one was fading.

"After we kicked their butt, they've stayed out of our hair," he said.

Reach Damian Mann at 776-4476 or dmann@mailtribune.com.

December 10, 2009 - Price for Medford I-5 work balloons

2009-12-10T18:30:00.000-08:00

By Damian Mann
Mail Tribune

The south Medford interchange, the largest road construction project in Jackson County since Interstate 5 was built, costs $20 million more than previously reported, a disparity that has caught local officials by surprise.

"My jaw dropped," Commissioner Dave Gilmour said. "That is a lot of money."

On its Web site and in other discussions, the Oregon Department of Transportation has said the project costs about $70 million — but that number is three years out of date.

"From the beginning, we should have gone back and revisited that number," ODOT spokesman Gary Leaming said. "It should have been updated to reflect ongoing material costs and change orders and the scope of the project."

The actual cost is $91 million, according to the latest ODOT numbers, which includes $75 million for the interchange, $12 million for two bridges over Bear Creek on the interstate, $3.2 million for reconstruction of the freeway and $489,000 for work on the Greenway.

The extra projects, which were bundled in with the south Medford interchange project, together amount to $15.7 million. Most of the money to pay for them came from a state bridge renovation fund and interstate maintenance dollars.

All these projects have been referred to by ODOT as being part of the south Medford interchange project, even though they were paid out of other pots of money.

"In our conversations we kind of lumped everything together," Leaming said.

In addition, there have been increased fuel, asphalt and material costs and change orders.

The largest chunk of money for the interchange went to contractor Wildish Standard Paving of Eugene, which was awarded the bid of $59.6 million, $45 million of which was specifically for the interchange. When Wildish got the bid in 2006, it was also going to build a portion of the Bear Creek Greenway path, rebuild two bridges over Bear Creek and rebuild the Barnett Road bridge over Bear Creek.

Since then, material cost increases and change orders put the total construction amount at $71 million, which also includes the reconstruction of the lanes on I-5 from the interchange to the viaduct. Another $20 million purchased land for right of way.

Estimates for the south Medford interchange went up and down during the design phase. At one point, ODOT thought the project would cost $83 million in 2005, but it was later revised down to $70 million. About five years before the project started, ODOT estimated the interchange would cost about $50 million.

When cost projections escalated in 2006, Gilmour and other local officials objected to ODOT using about $13 million for the interchange from an account that had been earmarked for the Highway 62 bypass, which is now a front-burner project.

ODOT has been asking the county's support to build the bypass, but commissioners haven't embraced it yet.

Gilmour said the interchange is costing so much more than original estimates it makes him wary of endorsing the bypass.

"This is far and above what you'd expect from cost overruns," he said.

He said borrowing money from the bypass set a bad precedent that could harm future road projects, particularly if costs escalate.

Leaming said confusion over estimates for the south Medford interchange project has taught ODOT to be more conservative.

"It shows that the department needs to really sharpen its pencil and factor these costs out," he said.

Medford Mayor Gary Wheeler, whose city contributed $15 million toward the interchange, said he didn't know the cost had jumped.

"I'm not familiar with that kind of cost level," he said. "I haven't heard that figure."

Ernie Garb, a Medford resident who was heavily involved in transportation planning when the south Medford project was proposed, said he remembers when cost projections were $35 million, reported in 2001.

He said he was dubious about the estimates ODOT provided back then and suspected the cost of the project would get out of control. He said he's not so much surprised at how much the project is now costing, but angry.

"For me, that is outlandish," he said. "The original cost projections weren't even close to the target."

If people knew the south Medford interchange would be close to $100 million, Garb said the opposition would have been formidable.

Garb said that with the interchange almost completed, he still doesn't understand the logic of building it in the first place.

"This history of it is really a rotten history," Garb said.

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

December 8, 2009 - Homeless struggle to find warmth

2009-12-08T20:22:00.000-08:00

Cary, a homeless man who didn't want to give his last name, tries to warm up in the morning sunlight of Medford's Hawthorne Park Monday after spending the night outdoors.
--Bob Pennell

By Damian Mann
Mail Tribune

A recent cold snap has sent the shivering homeless searching for a better place to sleep than bedding down on the ground.

"That's dangerous for anybody to sleep outside," said Emilio Murillo, a Medford resident who has been struggling to find a job.

The 52-year-old joined other homeless people at the Medford Gospel Mission as temperatures plunged into the teens at night. "Nobody really wants to be here, but they have no choice," Murillo said.

On Monday the mission at 125 W. Jackson St. allowed more people than normal to spend the night because of the cold weather expected for the next few days. The First Presbyterian Church at 1615 Clark Ave., Ashland, will open its doors every night at 8 as an emergency shelter through Thursday.

Murillo, who works in construction, said he occasionally finds work that gives him enough money to stay in a cheap motel for the night, but has found himself at the mission from time to time. "The last five or six months have been rough for me," he said.

Some homeless people say they don't like the cold but don't want to adhere to shelters' policies of no drugs or alcohol.

"I almost froze to death last night," David McManus said. "I use alcohol to stay warm."

The 55-year-old Medford resident, who was in Hawthorne Park exhaling frosty air while warming himself in the sunshine, said the mission allows him to stay for 10 days, then he has to wait 30 days to return.

He didn't want to reveal where he bunks down, but McManus said the trick is to keep the location clean so you don't attract attention.

Mission Executive Director Bill Gourley said his organization decided to temporarily set aside the 10-day rule because of the cold. He invited five or six men who otherwise wouldn't qualify to spend the night Monday.

"When it's like this we don't count it against them," he said.

He said his operation has 76 beds if needed, but it also can put out mats.

So far, he has been averaging about 50 people a night, but expects more will arrive once the word gets out.

Many homeless people choose to sleep outdoors or in their vehicles. Some are well-prepared, with donations of high-quality sleeping bags or lots of blankets, he said.

"But who wants to crawl out of a sleeping bag when it's 19 degrees?" he said. "I've done it myself when I was deer hunting."

At the mission, Justin Green said his feet and toes would get very cold when he slept outdoors. He tried to find a place to bunk down that had a little shelter from the wind and rain.

He expected to spend his third night in a row at the mission Monday.

"I don't really have a place to stay," he said.

Ruth Coulthard of the United Church of Christ said 10 people showed up Saturday at her church when it was turned into an emergency shelter. Five showed up at the First Presbyterian Church Sunday night when the shelter was moved there.

She said anytime the forecast calls for 20 or below, the emergency shelter is opened.

"It's definitely a severe cold snap," Coulthard said.

The Medford mission's Women and Children's Shelter at 534 N. Bartlett St. hasn't seen any surge in activity because of the cold.

"Women don't really sleep out on the streets like the men do," said Nancy Satterly, resource manager. The women generally qualify for grants to get housing, she said.

Satterly said the organization averages 30 to 35 women a night, with four or five kids, but could easily handle more.

"We don't turn them down," she said. "We find a place for them."

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

December 5, 2009 - Klamath pact creates concern

2009-12-05T16:53:00.000-08:00

Pear grower Ron Meyer walks by a holding pond at his orchard in Talent. The debate among farmers, ranchers and American Indians over Klamath Basin water has raised concerns that Jackson County farmers could lose access to water that is piped in from the Klamath River.
--Jim Craven

By Damian Mann
Mail Tribune

An intricate network of lakes and canals brings water from the Klamath Basin to the 14,000 pear trees that Talent orchardist Ron Meyer calls his "pampered darlings."

Meyer thought his right to that water was secure because Congress authorized the Bureau of Reclamation in 1954 to improve the Talent Irrigation District. Three hundred miles of canals provide Klamath Basin water to Jackson County farmers and orchardists, but they fear their supply of that water may be affected by complicated negotiations about where the water will flow in the future.

"If we were cut dramatically, we would have to do something else," Meyer said. "The water rights are precious."

The much-debated Klamath Basin Restoration Agreement could lead to the removal of four dams, and it outlines water allocations among a variety of interested parties. The agreement could be signed in 2010.

More than half of the water that flows through the TID canals comes from the Klamath side, filling reservoirs such as Howard Prairie, Hyatt and Emigrant. Jackson County orchardists and water managers are concerned that the agreement could reduce their Klamath water or turn off the tap completely.

Jim Pendleton, TID manager, said that in general about 15,000 acre-feet of the district's water is from the Rogue River basin, while 20,000 to 24,000 acre-feet flow from the Klamath.

"We don't want to lose it," Pendleton said. "We don't want to just give it away."

If the Klamath water supply to Jackson County was stopped, it would cripple the water district, Pendleton said.

"A few drought years would put us under quickly," he said.

Much of the Klamath water serves the Talent district, but it also feeds the Medford and Rogue River districts' canals.

Jeff Mitchell, a lead negotiator for the Klamath tribes, said local farmers shouldn't be worried, that the water diverted to Jackson County is not in contention as various parties work through the complicated restoration agreement.

"It's not a lot of water in the big picture," Mitchell said. "I do understand that to folks over there (their share of the water) is the big picture."

He said the agreement that is being worked out is more concerned with preserving or improving fisheries and sharing resources.

"At the end of the day, I don't see anybody giving up their rights," he said.

He said rumors that the agreement could have an impact on Jackson County farmers are just part of what he sees as an effort to undermine the ongoing discussions.

"That's the fear-mongering that goes on by certain people," he said.

But others say tribal authorities have made no such promises on paper and that, regardless of the intentions of current tribal leaders, future decision-makers could change course and close the valves.

Medford resident Larry Nicholson, who has a ranch in the Klamath basin, said he's worried the agreement will ultimately give American Indians total control over the water used by local farmers.

"It gives the Indians all the water rights without any due process," he said.

For orchardists like Meyer, an adequate supply of water is essential to raising fruit that will sell in today's demanding market.

The right combination of water, labor and chemicals means that 80 percent of the pears he grows are the right size for market, he said.

When the family orchard started 100 years ago, Meyer's grandfather got by with dry farming, but the pears were smaller than what will sell today, he said.

In the early 1900's, there were 400 pear growers in the Rogue Valley; currently there are just 15, he said.

Meyer said he already tries to maximize the water efficiency of his orchard. He uses a sprinkler system that operates in two-week cycles to provide the right amount of water to size his fruit for the market.

Meyer said he's not sure about all the legal debates over the Klamath water, but he does know that local orchardists won't give up their share without a fight.

"If there is going to be pear orchards and farming here, we need the water," he said.

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

December 2, 2009 - County will take a look at medical pot gardens

2009-12-02T20:11:00.000-08:00

By Damian Mann
Mail Tribune

Jackson County commissioners headed into potentially controversial territory Tuesday to pursue land-use regulations that could curb large-scale medical marijuana operations.

Responding to complaints from neighbors of medical marijuana gardens, the commissioners directed planning and legal staff to craft an ordinance that would regulate traffic, noise, smell, visibility of the gardens and lights used for growing and prohibit cultivation within 1,000 feet of a school.

County legal counsel Frank Hammond told commissioners a local ordinance may be legally feasible because state law regulating medical marijuana doesn't address land-use issues with gardens.

But there likely would be legal challenges from marijuana advocacy groups, he said.

"One of my points is this whole thing would be very controversial," he said.

Some of the concerns could be addressed in Initiative 28, an effort that would regulate growers in Oregon and subject them to state oversight, said Rep. Peter Buckley, an Ashland Democrat.

Buckley said Initiative 28, which has about half the signatures necessary to put it on the November 2010 ballot, could end the problems associated with fly-by-night growers.

Buckley is a strong supporter of state medical marijuana laws, but he said he is also concerned about the behavior of some growers.

"It is extremely frustrating for me when people who are involved in the program as growers don't behave like responsible citizens," he said.

Buckley said the Legislature isn't likely to deal with land-use problems associated with medical marijuana when it convenes in February for a limited session.

With 2,418 medical marijuana cardholders, Jackson County has the third highest number of patients using the drug behind Multnomah and Lane counties, according to the Oregon Medical Marijuana Program.

A caregiver can grow up to six mature plants and 18 starts and seedlings per patient for up to four patients.

The county cannot create an ordinance that contradicts or is more restrictive than the state medical marijuana law, Hammond said.

He suggested commissioners consider regulating marijuana cultivation as an agricultural use.

The county leaders wondered whether the nonprofit marijuana gardens could be treated as a small business.

Commissioner Jack Walker likened them to an operation that wanted to open a rock quarry.

Hammond said that under state law, growers can be reimbursed for expenses but can't make a profit like a regular business.

Commissioner C.W. Smith said he is concerned that growers are banding together to create large operations that increase traffic and cause other issues in neighborhoods.

"It is a quasi-commercial event, even though it is not a profit-making one," Smith said. He noted that he doesn't have a problem with people who have medical marijuana cards.

Smith said the state should have more oversight of marijuana since it is still considered a controlled substance.

Commissioner Dave Gilmour said some of these gardens are a nuisance in some neighborhoods, and he thought it appropriate to have some restrictions.

Bruce Mirken, spokesman for the Marijuana Policy Project, a national organization that has sought to decriminalize marijuana, said most of the conflicts with medical marijuana have arisen over dispensaries, not the gardens.

In general, he said his organization doesn't have a problem with reasonable laws that deal with neighborhood nuisance problems that might arise from marijuana gardens.

"There may be some things not solvable by the law," he said. "Living with other people in society requires dealing with some level of nuisance."

For instance, a homeowner who lived next to oil fields couldn't shut down production just because he didn't like the smell, Mirken said.

He said commissioners are confronting the kind of neighborhood concerns local governments face every day.

"They are trying to find a way to solve legitimate legal concerns," he said.

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

November 28, 2009 - Hispanic families urge school uniforms

2009-11-28T17:12:00.001-08:00

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

2009-11-26T21:10:00.000-08:00

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

2009-11-25T22:35:00.000-08:00

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

2009-11-18T06:50:00.000-08:00

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

2009-11-17T20:18:00.000-08:00

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

2009-11-16T07:04:00.000-08:00

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

2009-11-15T21:17:00.000-08:00

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

2009-11-15T21:13:00.000-08:00

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

2009-11-15T21:08:00.000-08:00

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

2009-11-15T21:03:00.000-08:00

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

2009-11-02T20:47:00.001-08:00

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

2009-11-02T20:41:00.000-08:00

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

2009-11-02T20:35:00.000-08:00

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.

October 26, 2009 - Millions of Dollars Down The Drain?

2009-10-26T23:03:00.000-07:00

By Damian Mann

Mail Tribune

Millions of dollars invested in the Hyatt Lake Resort are on the line as cabin owners fear the fallout from a recent ruling by a Jackson County hearings officer.

At the same time, the owner of the resort, Bob McNeely, filed for bankruptcy on Sept. 30 for Nor'wester Industries Inc. of Washington, the company that built the cabins, which McNeely describes as recreational vehicles.

On Oct. 13, McNeely filed an appeal with the Oregon Land Use Board of Appeals over the Jackson County hearings officer's decision that finds the county Planning Department erred when it allowed 22 units on the property in the first place.

Owners of the cabins, who have agreements to rent them out for $150 or more a night, now are worried about their $150,000 to $200,000 investment, and the fear has spread to nearby Campers Cove, where another 25 units have been installed. Most of the owners live in Jackson County.

"I think everybody is pretty stressed out and concerned," said Robin Schooler, who owns one of the small cabins at the Hyatt Lake Resort.

The Bonanza resident said her dismay about the situation is directed more at surrounding Greensprings property owners who appealed Jackson County's approval of a limited expansion of the resort.

Hearings officer Donald Rubenstein concluded that small cabins referred to by the resort owner as recreational vehicles are, in fact, dwellings that potentially pose a fire danger for the resort and the surrounding forest.

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

Rubenstein concluded county planners erred in allowing 22 of the cabins at the resort. He rejected a request to add an additional 13 spaces.

Schooler said her husband, Michael, helped Bob McNeely's brother, Don, log some of the trees on the property.

"The whole situation for us is kind of sad," she said. "My husband and Don McNeely are best friends. We're not letting any of this come between us."

Still, Schooler is worried about receiving a percentage of the rent from her cottages that goes back to August, particularly with property taxes now owed. "That's pretty upsetting," she said.

Despite the lack of rent collected from tenants who have stayed in her cabin, Schooler said she and her husband continue to make the payments for the park model and lease of the property from Campers Cove.

Schooler said McNeely told cabin owners that filing an appeal with LUBA would buy an extra 12 to 14 months before any action could be taken to remove the park models.

"We don't want to lose our cabin," she said. "We don't want to lose the resort."

McNeely said he's ready to fight any attempts to shut him down.

"I will go to my grave resolving it," he said.

He said millions of dollars now are tied up in the project, his line of credit has been canceled and his company, Nor'wester, has been shut down and its 105 employees have been laid off. He said he's also laid off more than 30 employees at the resort. So far, he said he has spent almost $150,000 in legal fees.

As a result of the publicity, McNeely said he has received 57 cancellations at his resort, but disputed claims he is behind in payments to cabin owners.

He blames both the Greensprings neighbors and the county, which gave him the permits, for the situation that threatens his livelihood.

With the economy in such a slump, he said he doesn't understand why his efforts to clean up the resort and make things better in Jackson County have been battered by local government.

"Honest to God, I feel I'm in a communist country," he said.

If the state does rule against him, he said it would lead to closing other facilities in Oregon that have similar types of recreational vehicles. He cited, in particular, Howard Prairie and Lake of the Woods.

In addition, McNeely said cabin owners likely will sue him, and he will sue the county if the hearings officer's decision is upheld.

McNeely said the records on his property seem clear. He said he is entitled to 65 recreational vehicle spaces, but only wanted to use 35.

"I didn't build any sites there," he said. "They were already there."

He said he received septic licenses from the Jackson County Health Department for 35 sites.

In the hearings officer's decision, McNeely said he sees the potential to try to shut down nearby Campers Cove.

He said there is a lot of misinformation, particularly about the cabins, which he said are clearly designated and designed as recreational vehicles.

While McNeely struggles to keep his resort going and fend off the county, he said he has noticed local government agencies continue to improve parks and have even proposed an aquatic park in Medford.

"The county owns all of the recreation in the county," he said. "It's a real crying shame what our country has come to."

Sandy Speasl, a member of the neighborhood group Southern Oregon Citizens for Responsible Land Use Planning, said she understands why the cabin owners blame her group. "They have to blame somebody," she said.

But, she said, other landowners have been forced to adhere strictly to county regulations, so she said all her group is asking is the resort adhere to the same rules.

"The whole reason we did this is so the county would give everybody equitable treatment, and so that they would obey the laws that are set up," she said.

Speasl said the hearings officer's decision is appropriate, even if it means the cabins would have to be removed.

"I think the hearings officer was pretty clear on that," she said. "They are not allowed."

Talent resident Felicia Hazel said she and her husband are very concerned about the investment they've made at Hyatt Lake Resort.

"We got into it as a rental, and that rental would pay for itself, and it hasn't even come close to that," she said. "As far as what happens next, I'm not sure."

Hazel said she hasn't yet received the rental income from August, though she continues to make lease payments on the land.

She said most of the value of buying into the resort is in placing the cabins on the wooded property a short distance from the lake and just off Hyatt Prairie Road.

"The value is gone if we have to remove the park model and the hot tub," she said.

Hazel said she looked at Whaleshead Beach Resort, also owned by McNeely, before making the purchase, and she and her husband were impressed.

Because of the uncertainty, Hazel said, "We need to take a look at what our options are to protect ourselves."

Phoenix resident Fred Riffle owns a cabin at Campers Cove, and he's worried the land-use problems from Hyatt Resort could become a problem for him.

"It's just going to be a complete loss of investment if the county and whoever has their way," he said.

Riffle, 68, said he was counting on the income from the rental of his cabin to help him with his retirement.

He expects to call McNeely to ask him about the back rent in the near future, but wants to give McNeely ample time to resolve the situation.

"We're not going to bug him," he said. "He needs all the time he can get to defend himself."

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

October 22, 2009 - Atkinson Suspends His Try For Governor

2009-10-22T06:56:00.000-07:00

By Damian Mann

Mail Tribune

MEDFORD — Republican state Sen. Jason Atkinson suspended his campaign for governor Thursday because of family health problems.

The 39-year-old Central Point lawmaker, who still is recovering from an accidental shooting in 2008 that makes it difficult for him to walk, wants to attend to serious health concerns in his family, he said in a prepared statement. His wife, Stephanie, was treated for thyroid cancer last year.

Atkinson said he will make an announcement at a later time about whether he will continue to run for governor.

Cheri Adkins, Atkinson's legislative aide who also works on his campaign, said the senator just had informed her of his decision not to run Thursday morning.

"Right now he is out of the campaign, but I can't say what is going to happen in the future," she said.

Adkins said the senator had been spending a lot of time with his consulting business, Allmand Tree Creative, since the legislative session ended and has done only limited campaigning.

She said the senator remains in pain from his injuries, but she is not sure of the health condition of Atkinson's wife. "I just know there are problems there," she said.

Atkinson, an avid cyclist, was working on a friend's bicycle on July 29, 2008, when a small bag containing a derringer fell and the weapon fired, hitting Atkinson in the right leg above the knee.

Adkins said a meeting that had been planned to discuss the campaign had not been held yet.

Adkins said she did not believe it would hurt Atkinson's chances of winning the primary on May 18, 2010, if he stopped campaigning for a month or two to deal with family health problems.

Atkinson and the other candidates jumped into the campaign earlier than usual, she said.

Businessman Allen Alley and former legislator John Lim are running for governor on the Republican ticket.

In his prepared statement, Atkinson said, "Stephanie and I have recently been confronted with some serious health concerns that need to be addressed before I undertake such a massive task as running for Governor of our great state. We ask for your thoughts and prayers as well as your patience as we wade through this difficult time. I am not going away, but need time with my family. We greatly appreciate your strong support and kind words."

Former Gov. John Kitzhaber is considered the Democratic frontrunner in the governor's race. Former Secretary of State Bill Bradbury and former Hewlett-Packard executive Steve Shields are also in the Democratic primary race.

Atkinson, who could not be reached for comment Thursday, has not filed his candidacy papers with the Secretary of State's Office in the governor's race.

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

October 21, 2009 - Mistakes Leave Taxpayers Stuck With Bill

2009-10-21T21:12:00.000-07:00

By Damian Mann

Mail Tribune

James Bennett was shocked to discover the property taxes on his Medford apartments more than doubled this year because of a clerical error made by the Jackson County Assessor's Office and stunned to learn that the error means he now owes $11,446 in back taxes.

The 69-year-old Eagle Point man and owners of several other apartment buildings off Poplar Drive said they should not be penalized for a mistake made by a government agency.

"This is morally wrong," Bennett said. "This is ethically wrong. You can't do this to another human being."

Bennett owns one of four, four-unit apartment buildings that were built in 1997. His taxes rose from $2,369 last year to $5,642, a 138 percent increase. He also has to pay back taxes for five years, according to the assessor's office.

County Assessor Dan Ross said the error is not the fault of the property owners, but occurred because of an oversight in his department. Ross said a small percentage of property tax statements aren't updated when they should be, but are eventually corrected.

Oregon law requires property owners to pay the back taxes, but they aren't charged any interest, Ross said.

That's cold comfort for Bennett.

"They admit they made a mistake," he said. "They want to pass the burden onto the property owner."

Tax statements were being mailed to 98,932 Jackson County property owners starting Monday.

Ross said the mistake means the property owners were paying less than their fair share of taxes for years, while other apartment buildings around them have been charged the correct amount, he said.

"They should have been paying the taxes, and they weren't," Ross said.

Previously, property owners had to pay the back taxes within a month, but Ross said they now have almost a year to come up with the money.

Property owners have started to appeal the change, but Ross said he doubts it will be successful.

"Not when it is ironclad like this," he said.

Ross said the assessor's office receives 200 to 300 similar complaints every year. He noted that a personal friend of his had booked a trip to Italy recently when he was notified of a property tax hike that was nearly as much as the cost of his vacation.

"He was not happy with me, either," Ross said.

Bennett said the wallop to his wallet comes at a particularly difficult time. Vacancy rates have increased in Jackson County because of the sour economy, and he said one of his four units is vacant.

Bennett said his rents, which are about $650 a month, have not increased for four or five years. He figures it will take the annual income from one and a half of his rental units to pay off the back taxes.

Michael Smith said he moved here from Albuquerque, N.M., five years ago and bought his four-unit apartment off Poplar Drive from Bennett after investigating whether it would make economic sense.

Smith said he calculated he would more than break even on the deal. Now, with the increase in taxes through no fault of his own, he said he will be in the hole.

"When you get a $10,000 bill, it really sets you back," he said. "That takes away any profit I have here — it's gone."

In addition, because of the poor economy, renters who formerly paid regularly are asking for extra time on their payments.

Smith said he has to give his renters flexibility in paying their monthly bill, so he doesn't understand why the county doesn't do the same with property owners, particularly on a mistake made by the assessor's office.

If he didn't have sufficient financial resources, Smith said the extra tax charges could have led to another foreclosure, which the county can ill afford.

Smith said he was surprised to discover the assessor's office could charge for up to five years of back taxes, and he sees this as a lesson to anyone looking at real estate here.

"I do not want to buy any property in Jackson County because of the way I feel," he said.

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

October 9, 2009 - Neighbors Make Stink Over Pot's Smell

2009-10-21T21:08:00.000-07:00

By Damian Mann

Mail Tribune

Cultivating medical marijuana is legal, but complaints are growing from neighbors over the pungent smell, bright lights and traffic at all hours.

Jackson County commissioners Thursday said they might consider altering land-use laws to allay these concerns or urging legislators to address the issue of public nuisance, but they wanted to stay clear of any actions that would conflict with state laws.

"The thing we came up against is the smell — it is like being 10 feet from a skunk," said Shayne Maxwell, a Rogue River resident who has a neighbor growing medical pot. "It also attracts skunks."

Maxwell, who presented the problem to commissioners and also is on the county's budget committee, said she supports medical marijuana, but thinks growing the plants should be subject to the same land-use laws that govern other activities on properties.

Her neighborhood comprises mostly 2.5-acre rural residential lots and isn't zoned for farming, she said.

Maxwell said her objection is not to the marijuana, but the smell, the traffic and the bright grow lights.

"I would do the same thing if there were carrots and they smelled like that," she said.

She told commissioners she can't go into her backyard or open windows because the pungent pot smell is overpowering in September and October, when the plants are ready for harvest.

Commissioners appeared sympathetic, but said current land-use laws apply to businesses in rural areas, not to nonprofits such as medical marijuana gardens.

They also wanted to be careful not to write local regulations that would conflict with state laws over medical marijuana.

The commissioners said the Legislature should be more responsible by rewriting the medical marijuana law so that it takes into consideration impact on neighborhoods.

"The Legislature did dump on counties," Commissioner C.W. Smith said.

He said some of the medical marijuana gardens are operating at a commercial level, so he thought there should be provisions to ensure they are good neighbors.

Commissioner Dave Gilmour noted the county wasn't able to devise a noise ordinance several years ago, so he believed drafting regulations on smell and lights also would pose problems.

Commissioners agreed to analyze the possibility of writing new language into the county's land-use laws, but also wanted to urge lawmakers to address the issue with legislation.

Jackson County Sheriff's Detective Donald Adams said his agency received hundreds of complaints over the last month about medical marijuana.

Richard Maughs, a medical marijuana grower and consultant who lives near Rogue River, said neighbor complaints are leading to more people knowing about the operation and increasing the chances of thievery.

Pointing toward one of his neighbors, he said, "He has caused a security risk for our patients."

Maughs said he has people watching the operation 24 hours a day.

He said the conflict with his neighbor is adding to the stress of losing at least three patients to cancer and other illnesses this year.

"Everything here is for our patients," said Maughs, 55.

He said he has talked to the sheriff's department about his operation and doesn't think the smell or the number of plants he's growing should cause a big problem. He estimated the plants are about 100 yards from the nearest house, except for his landlord's.

Maughs said he could grow up to six plants for each patient, but said he has chosen to grow only three to be a good neighbor.

Steve Austin, a Rogue River neighbor who complained to commissioners about a marijuana operation, said, "My issue is the unbelievable hordes of lowlifes and miscreants that charge up and down this driveway."

Melanie Barniskis, spokeswoman for the Southern Oregon chapter of the National Organization for the Reform of Marijuana Laws, said the smell of marijuana can be intense at this time of year, but there is nothing in Oregon legislation addressing smell.

Traffic is a neighborhood issue, which Barniskis said should be worked out among the residents.

"That would upset me," she said. "I would tell my patients to come only during normal business hours."

NORML promotes the responsible use of marijuana and urges growers to show respect to neighbors. But because the marijuana is a medication, there may be instances in which someone needs to come in the early morning hours, she said.

"Most people who are legal growers are going to follow the law to the letter," she said. "They do this out of compassion."

She said under Oregon law, the grow site must be kept out of view of the public.

Growers often become interested in marijuana after they've seen the benefits of the medicine for a loved one who has cancer or glaucoma.

Barniskis said she didn't dispute the possibility the Sheriff's Department has received a lot of complaints recently because the pot is more visible now and there typically is more security before harvest.

"It is a nervous time, even with the legal protection of having the grow cards," she said.

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

October 8, 2009 - Property Owner Fires Back At Newcomers

2009-10-21T21:00:00.000-07:00

By Damian Mann

Mail Tribune

Phil Krouse says he is fighting to save his family farm in the Applegate Valley before the Jackson County Sheriff's Department auctions it off Monday morning.

The Krouse Ranch, first established by his family in 1924, has been the subject of an intense debate over a gravel-mining operation that has set off disputes with neighbors in recent years, sometimes leading to confrontations.

Now, a $900,000 judgment that Krouse owes to Bridgeview Winery over a lease on a field of grapes on his property and other debts have brought him to the brink of financial collapse.

Krouse, 68, said he suspects the Cave Junction-based winery, owned by Bob Kerivan, is plotting to take over his 240-acre property — a claim Kerivan denies.

"They think they can just take it for nothing — that was his goal," said Krouse.

Kerivan declined to discuss the lawsuit against Krouse or the details of the case involving leasing about 28 acres to grow Riesling grapes. He said he understands Krouse's situation, but Kerivan said his actions have been conducted purely on a business basis.

"I don't have any unkind words for him," he said.

Kerivan said he was essentially chased off the property by Krouse, and the vineyards ended up dying because no one could care for them.

He said he only wants the money awarded to him after a jury trial in Josephine County.

"I'm not interested in the Krouse Ranch at all," he said. "I hope I don't get it."

An auction is scheduled for 10 a.m. Monday at the sheriff's department, 782 W. Eighth St., Medford, to sell off Krouse's property, but Krouse said he plans to declare bankruptcy today or Friday to delay the sale.

"It gives me some time to get on my feet and come up with a plan," said Krouse.

Standing next to his horse corral, Krouse said he first came to the property as a baby in 1941, living in a small house. He also runs cattle on the ranch at 15877 North Applegate Road.

In the distance, the vineyards that were part of the Bridgeview lease appear dead.

Krouse said the grapes died because the soil is poor. "You couldn't raise hell on it with a fifth of whiskey," he said.

Krouse points to another area where he has tried, but has been thwarted in his efforts, to mine gravel after neighbors challenged the operation.

He blames newcomers to the valley whom he said don't respect another man's right to earn a living off his property.

"All the liberals moved to the country and they think they own the place," he said.

Just a few miles down the road, Bridgeview has a tasting room and other vineyards growing bright green — in stark contrast to the plants on the Krouse Ranch.

According to the lawsuit, filed in Josephine County Circuit Court in 2005, Krouse Ranch Inc. and Bridgeview Vineyards Inc. formed K & K Vineyards to grow grapes on Krouse's land.

Bridgeview representatives said they invested $500,000 in grape plants, labor costs and lost future profits.

The suit states Bridgeview provided four promissory notes to Krouse Ranch to fund K & K Vineyards. The notes amounted to $294,629, plus interest and other charges.

Another three promissory notes made to Krouse Ranch totaled $66,353, plus interest and other charges, according to the suit.

Krouse Ranch was in the news in recent years over a proposal to excavate 514,000 tons of rock from a 20-acre gravel pit on the property. A Jackson County hearings officer denied Krouse's application in December 2007 after ruling that neither a traffic plan nor a floodplain study for the site was adequate. The gravel pit had been approved by the county but the initial decision was appealed by an owner of the nearby Wooldridge Creek Winery.

Jamie Ford, a neighbor of Krouse's who also objected to plans for gravel mining, said that while neighbors have had their differences over some issues with Krouse, they don't want to see him lose his farm.

"I don't think there is a person who doesn't feel terrible about this — what's happening to him," Ford said.

But Ford also said some neighbors are worried about Krouse's behavior, particularly after one woman he talked to complained Krouse had fired a shot over her head. The Jackson County Sheriff's Department report on the Sept. 10 incident indicates it couldn't contact the person who initially made a report against Krouse.

"We live in America where we have the right to voice our opinion, and we did nothing other than follow legal challenges," said Ford of the neighbors' fight against the gravel mining. "We shouldn't feel we should live in bodily harm if we spoke up."

Ford said he and other property owners were concerned about the effects of a gravel mining operation on the Applegate River.

"The river's an unsteady thing," he said. "That would put my property in danger from a huge mine above me."

Krouse acknowledges he's had run-ins with others who he said don't respect his property rights.

A veteran, Krouse said he suffers from post-traumatic stress disorder and takes medication. He said he doesn't like people interfering with what he views as his rights.

"There are people who better hope that I take my happy pill," said Krouse.

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

October 7, 2009 - OnTrack Project's Back On Track

2009-10-21T20:55:00.000-07:00

By Damian Mann

Mail Tribune

A $28 million residential complex for former drug addicts who are firmly on the road to recovery could start taking shape next year following an Oregon land board's rejection Friday of an appeal by east Medford neighbors.

The Land Use Board of Appeals ruled a property owner, Louis Duenweg, failed to file the appeal in a timely manner against the city of Medford for the OnTrack Inc. proposal. The appeal was filed on April 10, about four months after controversy erupted over the proposed residential community, LUBA determined.

"There is nothing stopping us from continuing," said Rita Sullivan, director of OnTrack. "It was a strong LUBA decision."

Opponents of the project vowed to appeal the ruling Tuesday, but Sullivan said she still expects her agency will go forward with the project and line up the financing by next year to start construction in April.

OnTrack proposes a 6-acre development, known as Generations, which would have 104,281 square feet of buildings, including 81 dwellings, commercial space and a 5,000-square-foot day-care center. The development would include 19 homes for families with one or more members who had gone through treatment for substance abuse and who had a proven record of social responsibility. It would be located on Harbrooke Street just east of North Phoenix Road.

The other residents would be seniors who would act as mentors, providing a 3-to-1 ratio of mentors to former patients. In addition, there would be counselors on the site.

Duenweg was chosen to represent property owners because he lives in Etna, Calif., and first learned of OnTrack's plans on March 14. Under Oregon law, an appeal could be warranted if a property owner finds out about a land-use decision late in the process.

"We're going to keep on fighting it," said Duenweg. "We're just beginning."

Duenweg said he bought property near the proposed development about six months before neighbors were aware of the project. He intends to build a house on the property.

He's worried that his property values will be affected and that crime will spill over from the project. He said he's scrimped and saved to buy the property and will have to build the house on it.

"What choice have I got now?" he asked.

In its decision, LUBA stated that even if Duenweg chose to be absent from the city and was unaware of the project for so long, that wouldn't be sufficient reason to uphold an appeal, particularly because the project and controversy were well-publicized.

Generations will offer housing primarily to women who have been free of drugs for at least two years. Most of these women will be joined by at least one or two of their children.

Melissa Bauer, a White City mother with two children, is someone who would likely qualify to live at Generations.

Despite her previous methamphetamine abuse, the 33-year-old said there would be so many safeguards and so much accountability in the Generations program that neighbors shouldn't be alarmed.

"I can't see it being a danger," she said.

Almost two years clean, Bauer said it is easy for her and other recovering addicts to pick out someone who is using.

With seniors, counselors and other OnTrack employees on site, the residential complex would be well-supervised, said Bauer.

She now works two jobs to manage her bills. She said she is not proud of her past, having used methamphetamine while pregnant with a daughter who's now 5. She said her daughter doesn't appear to have developmental problems.

"What I did was horrible," she said. "I devastated my whole family."

Sullivan said OnTrack has a history of running its recovery centers without problems, a statement supported by arrest records compiled by the Medford Police Department.

She said OnTrack chose the Generations site because it was close to facilities such as a hospital and shopping center that could be used by both the seniors and clients. She said she expects to have bus service in the future.

Neighbors already have paid a $15,000 retainer to hire Medford attorney Mark Bartholomew as they vow to continue fighting the project.

"This isn't over," said Stephanie Reed of the Southeast Medford Citizens Organization. "I assume we will be appealing it."

She said OnTrack and the city didn't present the development in an honest and forthright way. She said neighbors should have been notified about the project beyond just the 200-foot radius. It was also not represented as a place that would house people who have gone through addiction-recovery programs, Reed said. LUBA noted in its decision that Medford only is required to send notification to property owners who are within 100 feet of a proposed development.

Reed said, "This is an experimental program, combining two groups of people that have never been combined before."

Neighbors don't believe there are enough safeguards and scrutiny of a project that could have profound risks for her neighborhood.

"This project is ill-conceived," Reed said. "The scale of it is too grandiose."

Reed said she thinks the project has many issues and her group will pursue many avenues to put a stop to it.

"We don't intend to just step aside and say, 'oh well,' " she said.

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

October 6, 2009 - Arrest Hit Heroin Network Hard

2009-10-21T20:50:00.000-07:00

By Damian Mann

Mail Tribune

Medford police say a major blow has been dealt to the heroin trade locally after a multi-agency investigation led to the arrest of 22 suspected drug ringleaders Sunday morning in Jackson County.

"We cut off the head of the snake," said Medford Police Chief Randy Schoen.

Officers from the FBI, the U.S. Drug Enforcement Agency and other local and state agencies seized about 2 pounds of high-grade, smokable heroin from 2101 Whittle Ave., Medford. That amount could have a potential street value of $90,000. Officers also found lesser amounts of the drug at other locations.

Schoen said that the outcome of the two-year investigation likely will cut the amount of heroin available on the street by more than half.

One of the alleged main distributors of heroin locally, Ismael Anaya-Acevedo, 27, was arrested by the U.S. Marshals Service at the Whittle address on federal conspiracy charges.

U.S. marshals arrested another suspect, Eliot Aden Delavirgen, 33, on federal charges of conspiracy to distribute heroin. He also was charged with attempted assault, harassment, criminal mischief, endangerment and strangulation.

Both Anaya-Acevedo and Delavirgen are in federal custody without bail.

The pair appeared before U.S. Magistrate Judge Mark Clarke in Medford Monday. An indictment returned by a federal grand jury alleges they were part of a criminal conspiracy to possess and distribute heroin and seeks forfeiture of proceeds from heroin trafficking and the property involved.

Detention hearings have been set Wednesday for Anaya-Acevedo, aka "Chivo," and Oct. 13 for Delavirgen, aka "Alex."

In Jackson County, 14 search warrants were issued as part of the investigation, 11 in Medford alone. At three locations — Whittle Avenue, the 5200 block of Pioneer Road near Phoenix and the 4600 block of Antelope Road in White City — SWAT teams were used.

Other suspects taken into custody throughout the county are charged with a variety of crimes, including possession of heroin, methamphetamine and methadone as well as sex abuse, endangering minors, manufacturing and distributing heroin within 1,000 feet of a school and parole violations.

Neighbors thought they heard gunshots when SWAT teams conducted the raids at about 6 a.m. at Whittle and Pioneer, but Schoen said they used a device that produces a flash and a loud bang. He said no shots were fired during the raids and no one was injured.

Schoen said that from the street, the Whittle house at the corner of Roberts Road, decorated for Halloween, looked normal, but after entering he said a trained police officer would notice something was amiss.

"Your nose would have told you that you were in a drug house," he said.

Heroin, long considered an intravenous drug, has become more accepted because the improved quality allows users to smoke it rather than inject it. The drug is considered highly addictive in either form.

Over the past year, local law-enforcement officers have noticed an uptick in heroin usage, thought it hasn't surpassed the popularity of methamphetamine or marijuana.

Cases in which heroin was found during an arrest more than doubled this year in Medford, from 26 in all of 2008 to 55 through Sept. 30 of this year.

"We're seeing more and more people using heroin, particularly young people," said Rita Sullivan, director of OnTrack Inc., a drug rehabilitation center.

Many heroin users start out taking prescription painkillers such as oxycodone or OxyContin. When their prescriptions run out, they sometimes turn to heroin, Sullivan said.

Younger people also are trying these prescription drugs out of the home medicine cabinet, Sullivan said.

A new law passed by the Legislature this year will allow for greater monitoring of prescriptions even if a person goes to different drugstores as a way to curb the rise in addiction. The law will start in January 2010.

Laws restricting the purchases of pseudoephedrine, used for allergies, have helped curtail the supply of methamphetamine in Oregon. As a result, methamphetamine is more difficult to get, and some people with strong addictive behaviors will turn to the most readily available drug. "Drug users sometimes say, 'We might seek what we like, but we will use what we can get,' " Sullivan said.

At OnTrack, the goal is to get people free of taking all drugs because of this addictive behavior, she said.

Evidence that heroin is more popular has come from law-enforcement agencies, the increased caseload at the county methadone clinic and more clients who seek help at OnTrack for heroin addiction, she said.

Dr. Jim Shames, county medical officer, said the methadone clinic in Medford had 50 clients about 20 years ago. When the clinic was turned over to a private company two years ago, there were about 200 patients. Today, there are about 425 patients, said Shames.

"We have certainly seen an upsurge in heroin use," said Shames. "After this bust we will certainly see a diminution in heroin use."

Methadone patients seek treatment for addiction to opiates, whether the opiates are prescription drugs or heroin.

Mark Huddleston, Jackson County district attorney, said the arrests came after a long, arduous investigation coordinating local, state and federal agencies.

He said he is confident there is enough evidence to support the charges levied against the suspects.

He said he couldn't speak specifically about suspects who have been in and out of the local jail, but hoped the federal charges being levied against some of them would mean more prison time if they're convicted.

Schoen said many residents in Medford might be aware of suspicious behavior but don't alert authorities.

"People have to have some responsibility for their neighborhood," he said. "They should not be tolerating this type of behavior."

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

22 Arrested In Suspected Heroin Ring

2009-10-05T06:20:00.000-07:00

By Damian Mann
Mail Tribune

MEDFORD — SWAT teams led a force of 160 federal, state and local law-enforcement officers early Sunday to break up a massive heroin ring centered in Jackson County that resulted in the arrest of 22 suspects.

The FBI, the U.S. Drug Enforcement Administration, Medford police, the Jackson County Sheriff's Department and other agencies issued 14 search warrants — 11 in Medford alone — as the culmination of an investigation that began December 2007. A search warrant was issued in Gold Hill and two others were issued in rural areas.

Investigators allege the drug-trafficking ring has ties to other states as well as the surrounding region including Josephine, Douglas and Klamath counties. More arrests could be made later, according to Medford police.

U.S. Marshalls arrested two of the suspects, Ismael Anaya-Acevedo, 27, of the 2000 block of Whittle Avenue and Eliot Aden Dela-Virgen, 33, of the 4600 block of Antelope Road, White City, were charged with conspiracy to distribute heroin, a controlled substance and a federal crime. Anaya-Acevedo and Dela-Virgen are being held in Jackson County jail without bail.

Other suspects taken into custody throughout the county are charged with a variety of crimes such as possession of heroin, methamphetamines and methadone as well as sex abuse, endangering minors, manufacturing and distributing heroin within 1,000 feet of a school and parole violations.

Neighbors near Whittle Road heard what they described as the sound of two gunshots around 6 a.m. as the SWAT teams descended on a house that previously had aroused the suspicions of local residents.

"They woke me up," said one 76-year-old neighbor, Bud Elton. "I heard a boom, boom."

Elton, who wasn't sure if an officer had fired blanks, said he and other neighbors had noticed people coming and going at all hours of the night at the house where the arrests were made.

"Everybody in the neighborhood had some suspicions," he said. "It didn't seem like normal activity to me."

He heard a loudspeaker alert people in the house that Medford police officers were outside.

Because it was still dark, Elton couldn't make out what the officers were doing, but he did see some children escorted from the house.

"The sad part of the whole thing was the two little girls over there," he said.

Elton said he was not sure how many were arrested at the house.

According to the Medford police, the other suspects arrested throughout the county are Jessica Leeann Lapizco, 24, of Medford; Austin Hernandez, 23, of Medford; Demetrio Hernandez, 25, of Medford; James Nero, 58, address unavailable; Taffy Nero, 53, address unavailable; Jerret Michael Hooey, 21, Talent; Jesse Sorensen, 26, of Medford; Anthony Aaron Albert, 46, of Gold Hill; James Bryant Hurley, 47, of Gold Hill; William Sanders, 35, of Medford; Jodi Potteiger, 28, of Medford; Ronald Coutee, 54, of Medford; Heidi Marie Barosci, 52, of Medford; Ronald Nicholas Mistretta, 52, of Medford; Warren Alexander Rich, 25, of Medford; Erica Ann Lapizco, 31, Medford; Robert Allen Baldwin, 47, Medford; Garalee Janiece Frank, 29, of Medford; Christopher Sheehan, 38, of Medford; and Victor Antonio Solis, 22, address unavailable.

The arrests resulted from an investigation by the FBI and the Medford Area Drug and Gang Enforcement Team.

Law-enforcement agencies set up bases of operation at three locations, in the 2100 block of Whittle Avenue in Medford, the 4600 block of Antelope Road in White City and the 5200 block of Pioneer Road near Phoenix.

A neighbor on Pioneer Road, 59-year-old Diane Loyd, said she couldn't sleep and got up about 6 a.m. At first she thought she heard animal sounds, then realized it was a person's voice.

"All of a sudden I heard a bang and wondered — could it be a car that backfired," she said. "My instinct told me it was like a .22."

As she opened the front door, she heard what sounded like a police officer's megaphone and somebody saying, "Get down on the floor."

A few minutes later Loyd and her husband saw a big truck rolling down the road.

Loyd said she was not sure which property the noise was coming from.

Medford Police Lt. Tim Doney said he couldn't reveal any additional information about the case, which is being handled by the U.S. Attorney's Office and Jackson County District Attorney's Office. The amount of heroin recovered during the arrests was not disclosed.

Some of the suspects have been arrested previously in Jackson County.

Jerret Hooey was arrested in June 2008 on an indictment charging him with manufacture of cocaine, delivery of cocaine, possession of cocaine, possession of MDMA and a parole violation. In October 2007, Hooey appeared in Jackson County Circuit Court on an indictment charging him with manufacture, possession and delivery of cocaine, possession of ecstasy and failure to appear in court. He was booked into the Jackson County Jail and released Sunday on his own recognizance.

In February 2003, Heidi Barosci appeared in Circuit Court on an indictment charging her with possession of amphetamines.

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

October 2, 2009 - Proposed Water Park Leaves Emigrant Lake Waterslide Up In Air

2009-10-05T06:16:00.000-07:00

By Damian Mann
Mail Tribune

A proposal to build a water park in Medford has cast a shadow over the fate of an aging county-owned waterslide at Emigrant Lake.

"We're resigned to the fact that a nice water park in Medford would have a negative attendance at the Emigrant Lake waterslide," said John Vial, director of the Jackson County Roads and Parks Department.

Medford City Council members gave final approval Thursday on spending $300,000 to study the feasibility of building a water park at Bear Creek Park.

If built as suggested in 2012, the city water park has the potential to draw visitors away from the 280-foot long slide that dates to 1984.

Over the past four years, the waterslide operation has struggled to remain profitable, failing to generate enough money to pay for itself in two of those years. The total profit is $32,156 over the four-year period.

"We're operating on some pretty slim margins," said Vial.

County officials already had been contemplating the slide's future because of its age and the cost to improve it, while watching attendance levels drop from 21,926 in 2005-06 to 14,883 in 2008-09. At the same time, the county hopes to make its parks financially self-sufficient.

"We're facing a decision on the waterslide no matter what the city of Medford does," said Vial.

Pricing at the slide also could be a problem. The county charges $6 during the week and $7 on the weekend for a 1.5-hour ticket.

Other water parks that feature extensive amenities cost anywhere from $5 to $20 a day — two water parks in Northern California are on the higher end of the scale.

The Medford water park could pay for itself and even generate a substantial profit for the city, depending on admission prices. Additional revenues could come from concessions and rentals.

Vial said the slide has been popular in past years, so the county will analyze whether it should upgrade the facility or find some other use for the space at Emigrant Lake, near Ashland.

"It has served the county very well," he said.

However, he doesn't expect to make a decision on the fate of the slide for two or three more years.

Despite the potential for a loss in attendance at the slide, Vial said a state-of-the-art water park in Medford would be a boost for the valley.

Brian Sjothun, Medford's parks and recreation director, said it's not fair to compare the waterslide with the water park.

"The facility we're talking about is much different," he said. "The waterslide is a totally different attraction that was built in the 1980s and the county never updated it.

The city water park could include slides, a lazy river, family beach areas, splash pads and a wave machine.

A proposed site for it is in Bear Creek Park, where an existing dog park and BMX track are located. The city would relocate those as part of the project.

The Hawthorne Park pool would be closed, while the more heavily used pool at Jackson Elementary would remain open.

Sjothun said if the county had updated the waterslide and added modern features, the city would have been more reluctant to look at building a water park.

Even so, he said, if the county made some improvements, it's possible that both facilities could be successful.

Sjothun said the city isn't trying to compete with the county, but is attempting to develop an attraction that would be beneficial to the largest urban center in the region.

"The last thing I want to do is have a negative impact on Jackson County parks because they need to be self-sufficient financially," he said.

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

October 1, 2009 - Locals With Ties to Somoa Try To Reach Loved Ones

2009-10-05T06:12:00.000-07:00

By Damian Mann

Mail Tribune

A devastating earthquake and tsunami in Samoa have sent shock waves through Jackson County as relatives with ties to the remote South Pacific islands worry about loved ones.

"Our hearts go out to those folks," said Jackson County Commissioner Dave Gilmour.

Gilmour and his wife, Sera, who was born in Samoa, have not heard from relatives after high waves swept over the coastline early Tuesday. One of their relatives managed to get through to Sera's brother Pati Mekuli, who lives in the village of Lotofago, which had sketchy phone service before the tsunami.

Luckily, Lotofago was moved inland to about 200 feet above sea level in the 1970s. "That probably saved that village," Gilmour said.

The tsunami hit early in the morning just after the earthquake, and Gilmour remains concerned about schoolchildren and others who might have been on their way to work.

According to a study by Oregon State University, the tsunami occurred about 20 minutes after the earthquake in an area that has similar tectonic activity and risks as the Pacific Northwest, where two tectonic plates are colliding.

Gilmour's wife counts 300 or 400 people on the island among her relatives.

"It is astonishing her sense of genealogy and connections," said Gilmour.

Lolamanu, a popular resort area where Gilmour and his wife stayed last year, is just above sea level and early reports indicate that about 40 people were killed there, he said. "The whole village was wiped off the face of the Earth," Gilmour said.

The New Zealand Herald showed photos of Lolamanu, a few miles from Lotofago, with debris strewn over the beach and a car that had been crushed during the tsunami.

Sera Gilmour said she's worried because she has not heard from family members yet, but she's keeping an optimistic outlook.

"I think they're all OK," she said.

Gilmour's son-in-law, Duane Stanley, was heading to Samoa from New Zealand as part of a relief effort organized through the company he works for, Air New Zealand.

Sera's brother Sopo Mekuli, a head elder of the Samoan Adventist Church in Central Point, said, "Western Samoa is really hit bad. There are over 200 people dead, but they are looking for more."

Most phone lines have been cut, but Mekuli said he did manage to get through to his brother Pati Mekuli, who was uninjured. The nearby village of Saleapaga where his father grew up was hit hard, with early reports indicating 50 people died, said Sopo Mekuli. Saleapaga is located between Lotofago and Lolamanu on the southern coast of Samoa.

After talking with his brother, Mekuli said there are many residents who are still missing.

"We expect the worst," Mekuli said.

At this point, he said the government isn't allowing people to go back to their homes until it is deemed safe.

Mekuli said there were 500 Samoans living in Jackson County during a count about five years ago. Many Samoans with ties to the Seventh-day Adventist Church have their own services and have been trying to build their own church in Central Point.

Mekuli said church leaders this weekend plan to get together to discuss fundraising efforts for Samoa.

He said it has been easier to get news reports about American Samoa, but more difficult to get information about the other Samoan islands to the west.

The devastation will have a profound effect on a community that maintains very close family ties, he said.

"When one person dies in our family, it is a very big thing for our culture, but when 15 people pass away, it is too much," Mekuli said.

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

September 30, 2009 - RCC Enrollment Soars In Sour Economy

2009-10-05T06:09:00.000-07:00

By Damian Mann

Mail Tribune

A sagging economy and a surge in financial aid have swelled the student ranks at Rogue Community College by 29 percent this fall term.

"There's plenty of money out there for people to get their hands on for school," said Phoenix resident Ryan Tuff. "If it wasn't for these opportunities, I wouldn't be in school right now."

Tuff, 18, who also works part time, is studying human services and substance abuse issues with hopes of getting into a career as a police officer. He helped boost the number of students, both full and part time, at the college to 9,947, which is 2,215 more than last fall.

RCC's Table Rock Campus, which offers more technical and vocational training, saw a 63 percent jump, with 1,116 students registered, compared with 686 a year ago.

The number of full-time equivalent students stands at 1,453 so far this term, compared with 1,134 last fall, a 28 percent increase. A full-time equivalent is determined by one or more students who take a total of 510 classroom hours a term.

RCC credits the increase to students looking to improve their skills in a region hit by high unemployment and pay cuts.

For January through mid-September, RCC has awarded $32 million in financial aid to nearly 12,000 students. Almost as many students signed up for financial aid in the first nine months of this year as in 21 months in the previous period.

Even with more students and increased financial aid, the school has seen its funding from the state shrink, making it more difficult for students to find the courses they need.

"A lot of classes are full," said Margaret Bradford, spokeswoman for RCC. "The student may have to take a class at a time they don't want, or a class that they don't want."

Cory Sweet, who returned to RCC this fall after last taking classes there in 2000, said he was told to register as soon as possible to get the classes he needs.

The 27-year-old engineering student said he got everything he wanted, but other students weren't so lucky, ending up choosing less popular classes that didn't have waiting lists.

Sweet works part time in a sales job and said he is at a better age to determine his educational goals than he was nine years ago.

"Now I have life experience to say this is where I need to apply," he said.

Sweet said grants are allowing him to take 13 units while continuing to work part time to pay his bills.

Kelly Gray, who held his 6-month-old in his arms, said he was returning to school after going from a high-paying job to minimum wage in the midst of a very tight job market.

"I'm moving out of state — there's no work here," said the 34-year-old father of four. "I'm going to lose my house, probably."

Gray, who lives in Medford, said he plans to major in business, and hopes one day to get a law degree. He said he plans to stay in the Rogue Valley until he can find a job elsewhere.

Sara Secor had worked at a local hospital, but watched her hours steadily dwindle, making it a struggle to raise her 2-year-old, Joseph.

To speed up her education as a physician assistant, the 22-year-old Central Point student is taking 21 credits, funded by financial aid and student loans.

As she walked around campus, Secor said her story is one shared by many classmates.

"I hear a lot of students saying they've had pay cuts, or had their hours cut or they lost their jobs," she said.

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

September 29, 209 - Ruling Puts Brakes On Hyatt Resort Expansion

2009-10-05T06:05:00.000-07:00

By Damian Mann
Mail Tribune

A Jackson County hearings officer has ruled against expansion plans at Hyatt Lake Resort in a decision that could lead to the removal of cottages, a restaurant and other improvements.

In a 53-page decision mailed out Friday, Donald Rubenstein concluded that small cabins referred to by the resort owner as recreational vehicles are in fact dwellings that potentially pose a fire danger for the resort and the surrounding forest.

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

Rubenstein concluded county planners erred in allowing 22 of the cabins at the resort. He rejected a request to add an additional 13 spaces.

Rubenstein acknowledged that his decision, which is subject to appeal, could be an economic blow to the developers of the resort.

"The owner finds himself in an unenviable position having invested large sums of money and effort which are jeopardized by this decision," he wrote.

Neighbors had appealed Jackson County's approval of a limited expansion at Hyatt Lake Resort, which is operated by the same group as nearby Campers Cove. Owners of the resort, known as Campers Cove Resort LLC, also appealed a county planning decision, saying they were entitled to additional changes they've requested. Rubenstein reviewed more than 900 pages from the two sides and the county.

Bob McNeely, one of the resort owners, said previously that he had already sold units that look like cabins on the 22 recreational vehicle sites and was in the process of selling four more on 13 additional sites when he was ordered to stop by the county.

McNeely has 21 days to appeal Rubenstein's decision to the Oregon Land Use Board of Appeals. He was not immediately available for comment Monday. His Coos Bay attorney, Jerry Lesan, declined to comment, and his land-use consulting company, CSA Ltd. of Medford, didn't respond to a phone call.

Pam Hardy, a Bend attorney representing the neighbors' group, called Southern Oregon Citizens for Responsible Land Use Planning, said, "Obviously, we're pleased with the decision, and we're anticipating an appeal."

Sandy Speasl, a member of the land-use planning group, said she thought the hearings officer did a very thorough job. She said she hadn't known what to expect going into the land-use challenge, but was happy with the results.

"To me it means that sometimes the little people have a voice in things," Speasl said.

The resort owners wanted to install recreational vehicles that resemble small cabins on 35 spaces, but county planners determined they were legally entitled to only 22 spaces that can have water, electricity and sewage hook-ups. Those spaces have what the owner refers to as park models.

But Rubenstein wrote, "Park models are not recreational vehicles for purposes of land-use planning, and the staff erred in finding otherwise,"

He added that crowding the cottages together with 120-gallon propane tanks next to each unit posed a significant fire danger.

"The absence of setbacks and other standards that are conventionally applied to high-density residential developments substantially increases the likelihood that once the unit is substantially involved in a fire, nearby decks, cabanas, and park models will ignite as well," Rubenstein wrote.

He also found the cottages would generate more sewage than typical recreational vehicles.

Other improvements to the property — including construction of 30 recreational sites without water and sewer, a cabin, a workshop and a restaurant — will require approval by the U.S. government because some of the development falls on federal land, Rubenstein wrote.

The opinion said the disputed cabins are permanent or semi-permanent buildings, as opposed to recreational vehicles which are temporary. The park models also have structures such as garages or cabanas that aren't typically built next to recreational vehicles, he wrote.

Referring to the Web site of Nor'wester Industries Inc. of Washington, which produces the cabins, Rubenstein noted the manufacturer refers to the units as "destination vacation homes" rather than recreational vehicles.

Glenn Munsell, who lives on Hyatt Prairie Road, said he agreed with Rubenstein's decision but wasn't ready to celebrate because it could be appealed.

"We're just kind of waiting to see what happens next," he said.

Munsell said he had maintained all along that McNeely has built a high-density residential park that goes well beyond the original idea of the resort.

"It's really not an RV park," Munsell said. "There are cabins or houses and the density is terrible."

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

September 26, 2009 - Police on Alert for Attempts to Sell Pieces of Foreclosure

2009-09-27T22:18:00.000-07:00

By Damian Mann

Mail Tribune

Mike Vaughan was surprised when an elderly couple was willing to pay $60 for some old kitchen cabinets from an east Medford home that is heading into foreclosure.

The couple had seen an ad the 30-year-old Vaughan posted on Craigslist Wednesday that offered to sell almost every fixture in the house on Cedar Links Circle — including the kitchen sink.

Vaughan, who said he didn't think anybody would really want the old cabinets, was even more surprised when two Medford police fraud investigators approached the couple as they were leaving Thursday. They informed the couple it was against the law to sell anything attached to the house.

"I didn't know that," said Vaughan. "They could tell I was really surprised."

Medford police say they have bumped into this problem a few times before, and they want people to know that it is illegal to strip a house threatened with foreclosure. No arrests have been made in other cases.

The two Medford fraud investigators, alerted to the ad by some observant citizens, decided not to press charges against Vaughan, who previously lived in the house, which was owned by his father-in-law.

"We were able to catch it in time so that no crime was committed," said Medford Detective Sgt. Mike Budreau.

Budreau said he suspects that stripping houses is likely more common than people think and is greatly under-reported to police.

After questioning Vaughan, the detectives determined he didn't realize he was doing anything illegal and he agreed to stop. He had been paid $60, but the couple planned to come back later after he removed the cabinets from the wall.

After a discussion with the detectives, Vaughan gave the money back and removed the Craigslist ad, which offered to sell sinks, a mirror, bedroom doors, a laundry door, cabinets, light fixtures, ceiling fans, stair rails, attic stairs and an old water heater.

He said he had done a lot of work on the house, which his father-in-law bought with the provision that Vaughan would make the monthly payments. He said the house wasn't in foreclosure yet, though he said it would be at the end of the month.

Michael Woods, Vaughan's father-in-law, purchased the house in February 2007 for $279,000, according to county records. The assessor's office estimates the real market value now at $248,530.

Budreau said banks and other lenders have been sending letters to police agencies advising that it is illegal to take items that are attached to a house during a foreclosure action. He said the key issue for law enforcement is whether there is an intent to defraud someone, but he said the issue could get into a gray area depending on the status of the loan.

"It does get tricky," he said, noting that many police agencies have relatively little experience dealing with foreclosures.

Detective Brenda Garich, one of two investigators who went to the house, said Vaughan was cooperative, but he had been eager to sell the fixtures.

"He was trying to get money any way he could, probably," she said.

Garich pointed out that a man from Damascus, near Portland, was convicted recently of aggravated theft and after stripping a house that was in foreclosure.

"Sometimes you can get a homeowner that is mad and thinks 'I'm going to be sticking it to the bank,' " she said.

At this point, Medford police would prefer to educate people about the law rather than put anyone in jail, Garich said.

"People are already in hard times," she said.

Vaughan has a wife and three children, and said he is struggling to support his family after losing his marketing job. They tried to refinance the house, but the loan got transferred from one lender to another, and Vaughan's work situation didn't improve.

"I'm in financial trouble, too, with everything going on," Vaughan said.

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

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September 25, 2009 - Medford Explores Hwy. 62 Bridge

2009-09-27T22:10:00.000-07:00

By Damian Mann

Mail Tribune

Medford — City Council members Thursday decided a bridge would make more sense than a signal to help route traffic onto a proposed Highway 62 bypass, but worried how the $100 million project might disrupt businesses along the busy thoroughfare.

The project still is mostly conceptual, and some council members expressed frustration about endorsing it before they know how businesses in possible work areas might be affected.

"I have a difficult time providing you with a direction unless I have all the information," Councilman Chris Corcoran said.

Despite initial reservations, council members agreed to explore building a bridge, located to the west of Whittle Avenue, that would accommodate vehicles driving toward Interstate 5 on Highway 62. Motorists traveling away from the freeway would have the option to drive under the bridge to reach the bypass, which roughly would follow the old Medco Haul Road.

Tim Fletcher, project manager for the Oregon Department of Transportation, said the Butler Truck Center, which has moved, no longer is located on Highway 62. The property where the truck center was located would become a major part of the bypass access and is located on land now owned by the county.

Drivers travelling toward Medford on Highway 62 no longer would be able to make left turns into businesses such as Hubbard's Hardware, Guitar Center or Abby's Legendary Pizza, and there would be restrictions on right turns. Those businesses are located in the area where traffic would merge left to get onto the bypass.

A transportation advisory team will take the City Council's recommendation into consideration when it considers which option to pursue.

Oregon Department of Transportation officials think the bridge idea would cause fewer problems for businesses than a traffic signal, although it would add about $10 million to the project cost. As a result, transportation officials likely would be looking at a signal rather than another bridge near White City to control traffic getting on to the bypass to stay within the $100 million budget.

In addition, a bridge in Medford would help route more traffic onto the bypass than a signal and also cause less congestion, transportation officials have determined.

The bypass would extend from about Whittle Avenue, past Vilas Road and end near White City, creating a two-lane, 55 mph road with no on- or off-ramps over its 3.5 mile length. If built, ODOT estimates a quarter of the traffic on Highway 62 would use the bypass.

Bob Seus, owner of Hubbard's Hardware, said he and other business owners are concerned about a project that is difficult to pin down because it appears to be constantly evolving.

"No matter what, there is going to be an impact," he said. "Are we going to get slammed? I don't know yet."

Seus said motorists traveling toward the freeway on Highway 62 do turn left to reach Hubbard's, but he said that isn't the best option.

"It's probably not the safest turn lane," he said. "We've seen the wrecks out there."

A safer alternative would be to turn left on Delta Waters, right on Crater Lake Ave., then left on Skypark Drive, but Seus acknowledged that many motorists prefer to take the more direct route.

Despite his concerns, Seus said something needs to be done to alleviate congestion on Highway 62. Whatever plan ultimately is approved, business owners will be attending transportation meetings to make sure their voices are heard, he said.

"We're going to be diligent about what's going to happen out there," Seus said.

ODOT also is looking at creating a wide shoulder for bikes on the bypass, or possibly salvaging a paved portion of the Old Medco Haul Road that would provide a better separation between the highway and the bike path.

Fletcher said one possibility being considered is to build a bridge over the bypass area to give better access to the path.

Transportation officials also will explore encouraging other forms of transit on the bypass, such as improving bus access.

To qualify for the $100 million in state money, the project must begin by 2013.

Fletcher said ODOT would continue to meet with businesses and city officials as plans are developed for a project designed to ease congestion through Medford.

"We don't have all the answers yet, but we're listening to all the concerns," he said.

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

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September 24, 2009 - Medford Will Track Unoccupied Property

2009-09-27T21:55:00.000-07:00

By Damian Mann

Mail Tribune

Since February, Erik Roth has looked warily from his porch at a burned-out house on Tripp Street in Medford.

Roth, 35, said he is happy the city is stepping up efforts to keep track of vacant properties to help ensure they are not illegally occupied or becoming an eyesore.

"That would be good just to make sure that nobody moves in," he said.

Medford will require property owners to sign a registry with the city if a dwelling is going to remain vacant for more than 10 days. The ordinance approved by the City Council last week will be enforced after Oct. 1 once the forms become available.

There would be no fees to have a house on the registry, but if the property owner fails to heed warnings to clean up or make repairs, it could lead to a $250-a-day fine.

Vacant homes around the country have attracted vagrants and others who illegally move in, pay the utilities and go as far as setting up drug operations, said Medford Police Sgt. Greg Lemhouse.

So far, squatters haven't been found in vacant homes in Medford, he said.

An empty house with broken windows, dead vegetation and overgrown weeds is an eyesore in any community and brings down property values, Lemhouse said.

The new ordinance will give police one more tool to keep track of vacant properties and forces the owners to monitor their houses.

"It keeps the neighborhood from being blighted," he said.

For vacant properties, the new registry will contain the name of the lender, the mailing address of the lender, a contact name, a physical address for the lender's agent to receive legal notices and the contact information for any property manager.

The lender would be responsible for ensuring that the property doesn't become a public nuisance. Regular watering and pruning would be required to maintain vegetation. Pools and spas would have to be maintained in working order so the water remains clear, or the pool or spa would have to be drained and covered. All windows, doors and other openings would have to be secured.

If the lender is out of the area, it would need to hire a property management company to perform the maintenance.

The city would have the authority to require additional security lighting, frequent on-site inspections, security guards or other measures to prevent the decline of the property.

So far, police officials have identified about 400 vacant houses in Medford.

Lemhouse said that once houses are placed on the registry, they will be visited by police and code enforcement officers periodically.

Even with the registry, the city could have problems on some properties that have multiple owners or multiple lending institutions involved, he said.

For instance, it took city officials about eight months to contact lenders involved in a run-down property on Delta Waters Road.

The city already cleans up blighted properties by cutting weeds or draining pools, charging the owners or placing liens on the property to recoup its costs.

Residents can report vacant houses directly to the city at 774-2016.

Lemhouse said the city plans to contact lending institutions and property managers to get the word out about the registry.

While the registry won't solve all the city's problems with vacant homes, Lemhouse said, it should be a big help.

"Fewer properties would go through the cracks," he said.

Russ Milburn, chief financial officer at People's Bank of Commerce in Medford, welcomed the registry, and the patrols.

"Banks in general want to be good corporate citizens," he said. "We don't want any urban blight with our name on it."

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

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July 26, 2009 - Legally in the U.S.; Illegally Driving

2009-09-27T21:52:00.000-07:00

By Damian Mann

Mail Tribune

MEDFORD — As 78-year-old John Vousden drives the streets of Medford to take his wife to a medical appointment, he's understandably nervous.

"I'm watching my back every minute, man," said Vousden, who moved to the U.S. from England 48 years ago.

A year ago, Vousden lost his driver's license after the Oregon Driver and Motor Vehicle Services told him his green card was no longer valid.

"They said they couldn't read the number on the green card," Vousden said with a distinctly English accent. "Mine is really beat up and worn. It's bound to be beat up and worn, like me."

Vousden showed the 1961 green card, which is ragged around the edges but still very legible and doesn't have an expiration date on it.

That means he is in the country legally, just as he has been for almost a half-century. But it apparently carries little weight with either federal immigration officials or Oregon's DMV, both of whom have failed to respond to repeated requests to resolve his dilemma.

Even without a driver's license, Vousden sometimes needs to take his 76-year-old wife, Rose, for medical appointments when she is unwell, keeping his fingers crossed he doesn't get pulled over. His wife also has a similar type of green card and received a new driver's license two years ago before the DMV adopted new rules that required more identification papers.

Vousden said he has considered alternative ways of getting her to the doctor's from their home on the outskirts of Medford, but nothing seems practical.

"There is no transportation around here," he said. "I can't afford bloody taxis."

He said he needs to go to Portland to visit immigration offices, but is wary of leaving his wife for such a long journey.

The DMV said Vousden's problem actually is not with the legibility of the green card, but that it is outdated.

"We've run into this before," said DMV spokesman David House. "It's not on the list of documents that we accept."

House said Vousden should continue to keep in touch with the DMV's customer-care unit to see whether he can get further extensions. Vousden will need to resolve his green-card issues before he can get a driver's license, House said.

Vousden, who initially received two extensions on his driver's license, isn't the only resident of Oregon who has found the new DMV rules daunting.

Government-issued birth certificates, marriage certificates and other paperwork now are required but often are difficult to obtain, particularly for the elderly.

The new rules require proof of citizenship or lawful presence in the U.S. and official documents to verify a Social Security number. The rules were created to weed out people falsely claiming to live in Oregon, which corresponds with regulations already in place in other states.

Chris Rhatigan, spokeswoman for the U.S. Citizenship and Immigration Services, said some green cards had no expiration dates on them, which means the person is legally in the U.S.

"If he does possess a legitimate green card, he is considered a permanent resident," she said.

Even if someone has a green card that has no expiration date, immigration services advises they still should be renewed because vital statistics and the picture have changed markedly over the years, Rhatigan said.

If a green card expired, she said it would require applying for a new one.

Vousden has sought help from an attorney because he has become overwhelmed dealing with immigration and the DMV.

"It's the craziest setup you've ever heard," he said.

His wife of nearly 60 years said she's not worried that anybody will take her husband away because of this mess.

"Nobody's seen my temper," she said.

Rep. Peter Buckley, D-Ashland, said his office has contacted the ombudsman for the DMV to see whether there is any way to resolve this problem.

"The DMV is trying to find out what flexibility they have on this," he said.

Buckley said it is a constant struggle for state government to come up with rules, but allow for flexibility to deal with situations like this in a commonsense manner.

"It's frustrating," he said. "We shouldn't treat people like this."

Teresa Galindo, legal assistant with Kellington and Kellington Attorneys in Medford, said the Vousdens have appealed to immigration officials to be placed under a special program designed to help the elderly or people with medical conditions. Even after signing up for the program, in which immigration officials would come to the Vousdens' house, there has been no response, said Galindo.

"He would have his green card by now," she said. "He would have had his license by now."

All the paperwork has been sent to immigration officials, but she said they now are requiring Vousden to get police clearance for the past 40 years.

Galindo said she accompanied Vousden to the sheriff's office to get the clearance, but officials had never heard of the requirement before and weren't equipped to deal with it.

"A sheriff's deputy is going to accompany him to the OSP (Oregon State Police) to get the police clearance," she said.

Galindo said Vousden lives in constant fear when he has to drive his wife to the doctor's office.

"It's just been such a hassle for him," said Galindo. "All he wanted is to renew his license."

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

March 8, 2009 - Closure

2009-09-27T21:50:00.000-07:00

By Damian Mann

Mail Tribune

The dismantling of the last large-scale sawmill in Jackson County has hit White City residents hard as they watch equipment being hauled away, entire buildings being gutted and a way of life rapidly disappearing.

"I've been watching the demolition of this mill for the past couple of months," said Ann Hathaway, 65, who lives a little more than a mile from the former mill that turned logs into lumber at Agate and Antelope roads. "It just makes me want to cry."

Its contents auctioned in December, Boise Cascade's sprawling sawmill is vanishing, with gaping holes in the sides of buildings to remove equipment.

The mill began closing in January 2008, with 32 of 59 workers losing their jobs. Boise closed its other sawmill in north Medford in 1998 after a fire, and announced in January it is shutting down its White City plywood mill and will lay off 110 workers March 13.

Over the past 25 years, Jackson County has seen at least 17 mills close their doors.

Last week, a huge metal shearer tore into a roof at the Boise sawmill while salvage crews separated materials for recycling. Other metal buildings have been sold off, and workers removed lights and sprinkler systems and stacked up siding. Once the work is completed, only a few of the dozens of buildings that produced millions of board feet of lumber on the property will remain.

"How many more jobs are we going to lose?" asked Hathaway. "It's like a ghost town."

For many Jackson County residents, the mill along Highway 62 near White City's business district is a landmark. The property will continue to store stacks of logs that will be used to make other wood products.

When the mill used to operate three shifts a day a decade ago, it produced up to 50 million board feet of lumber annually, enough for the equivalent of 3,000 homes.

Boise isn't sure what it will do with the property in the long-term, but officials say they may eventually consider selling off the industrial-zoned land. Boise will continue to operate a veneer mill and engineered wood products plant in White City and a plywood mill in north Medford.

Jackson County Commissioner C.W. Smith said the closure of the sawmill means the valley no longer has sufficient production facilities to process raw timber from local forests when the economy turns around.

"We are not only losing jobs, but we're losing the infrastructure, as well," he said.

The closure of other mills in recent years has devastated an industry that supplied high-paying jobs and will make the economic recovery in the valley all the more difficult, said Smith, who has lobbied at both the federal and state level for increases in logging on federal land.

"That's six or seven mills in White City that don't exist," he said.

The economy has been a major factor in the downturn, but Smith said lawsuits and pressure from environmental groups have meant less logging in federal forests in recent years.

Boise officials decided to permanently close the sawmill rather than mothball it because the amount of lumber flowing out of local forests has slowed markedly. Boise needed sufficient quantities of Ponderosa and sugar pine, which was processed at the sawmill then sold to companies that made doors, windows and other finished wood products.

"This is the last of an era — it really is," said Dave Schott, executive vice president of the Southern Oregon Timber Industries Association.

He said a large-scale sawmill is still in operation in Josephine County and another in Klamath County.

Across the country, the wood products industry is struggling because demand has declined sharply.

"We have a very soft, actually a no-demand, economy right now," Schott said.

In addition, the timber industry is nervously eyeing the long-term prospects for timber harvest in Southern Oregon, particularly on federal land.

Schott said that in recent years, 85 percent of the wood used in Jackson County has come off private lands, but in years past 85 percent came from national forests.

Bob Smith, human resources manager for Boise Cascade's Western Oregon Region, said the economy has dealt a crippling blow to his industry.

In 2005, the country recorded 2,068,000 housing starts, according to statistics he released. In 2008, that number slowed to just 904,000 starts. According to a comparison over the past 50 years, 2008 was the worst year on record for housing starts.

Bob Smith said Boise hopes to reopen the White City plywood mill when the economy rebounds, but the future looks less certain for the sawmill.

"We didn't anticipate a renewal of the timber supply to allow us to operate again," he said.

He said there are no immediate plans to sell the sawmill property.

A plant in north Medford will handle all Boise's plywood needs for the near future.

"We don't have any plans to close (the Medford plant)," he said.

Joseph Vaile, campaign director of the Klamath-Siskiyou Wildlands Center, said conservationists don't want to see the timber industry decline.

"We don't want to see a loss of this infrastructure," he said.

Vaile said a vital industry is needed locally to handle what he expects will be an increasing demand for thinning of forests, though some plants may have to retool to handle smaller diameter trees.

Vaile disputes claims the environmentalists are causing some of the mills to shut down, pointing out there is a backlog of small-diameter thinning and timber sales that haven't found buyers.

"You can blame the environmentalists all you want, but the economy is having the effect of shutting these folks down," he said.

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

February 11, 2009 - Government Plans Trillions In Aid

2009-09-27T21:48:00.000-07:00

By Damian Mann

Mail Tribune

Over doughnuts and a cup of joe, two different coffee klatches offered mixed feelings Tuesday about President Barack Obama's plans to help revive the economy.

"At least he's trying to do something," said Marlene Skipple. "They've got to do something."

The 72-year-old Medford woman said she is tired of hearing complaints from her fellow Republicans that the proposed $838 billion stimulus package passed by the U.S. Senate Tuesday is loaded with unnecessary spending.

Skipple describes the economic outlook as scary, requiring some kind of government action to reverse the downward spiral.

"It's going to have to go through, or we're all in a big hole," she said.

The debate over what to do with the economy rages from Medford to Washington, D.C., as politicians and economists look at public works projects and tax cuts to help prime the financial pump.

At another table in Donut Country in east Medford, a group of conservative coffee buddies who can trace their gatherings back to 1946, had a different impression of Obama's economic stimulus.

"It sucks," said Norm Owens. "There's too much garbage in it, too much pork."

However, the 65-year-old Central Point resident said the stimulus package might work for a little while, but it would be bad for the economy in the long run.

Even though local residents have different opinions about Obama's plans, they do agree it is a difficult problem to wrap their heads around.

"This is so involved," said Dr. Gene Chamberlain. "I don't have the answer."

At age 81, the Medford resident said he has some dim memories of the Great Depression, and he worries that Americans might not have as much fortitude to deal with those difficult times again.

"Most people are not going to go through this very easily," he said.

Keith McLean said many of the problems Americans face can be traced back to the times of easy credit, when people received home loans but didn't have the salary to make their mortgage payments.

"These people just can't afford a home," said the 79-year-old Medford resident.

But he didn't have any ready answers as to how to get the country out of the mess.

"It's pretty tough to get a solution," said McLean.

Dan Rubenson, a professor of economics at Southern Oregon University, said the steps Obama proposes are based on well-established research in the economic world.

Politicians might be divided over how to get the country out of this mess, but Rubenson said there is not that level of division generally in the economic world.

"Among professional economists there is a lot more agreement than most people would realize," said Rubenson, whose class in macroeconomics is conducting an analysis of the stimulus package.

At the same time, he said it is difficult to predict how soon the plan would help the economy, or whether it will be enough to turn the corner without greater infusions of dollars from the federal government.

"Is it enough to turn the economy on a dime? Probably not," he said.

Rubenson said there is general agreement among economists about where to spend the money to do the most good.

The most stimulative portion of the package will be investing in buildings, mass-transit systems and other public works projects, he said.

Sending money to states, which will eventually filter down to cities, is another good way to get money back into the economy, said Rubenson. He said this idea gained support during the presidency of Richard Nixon.

Unfortunately, he said the Senate version of the stimulus bill gives less money to the states than the original House version.

"I would say the House package is considerably stronger than the Senate package," Rubenson said.

One of the least stimulative portions of the bill is the tax cuts, he said.

"In general, when people receive a tax cut, part of it will be saved, and will not be going into the economy," he said.

Last year, the federal government passed out a one-time tax rebate. Under the current bill, taxpayers would receive a slight decrease in taxes each paycheck. Rubenson said this would be better for the economy because people will be more apt to spend smaller amounts of money than save them.

Whatever version of the stimulus package gets signed off by Obama, Rubenson said it will be analyzed for years to determine what worked and what didn't.

"That will keep economists entertained for quite a few years," he said.

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

January 25, 2009 - A Crisis of Need

2009-09-27T21:35:00.000-07:00

By Damian Mann

Mail Tribune

Five-week-old Robert eagerly suckles on a bottle of formula, while his brother and two sisters look on hungrily.

His whiskers glisten white as he bites down playfully on the tip of the bottle, to the delight of a teenage girl who's passing by.

Robert and his siblings are orphaned kittens who depend on KMR milk replacement, containers of which were recently donated by generous families throughout Jackson County to Committed Alliance To Strays.

"This will really help," said Jan Whetstone, CATS director. "The number of kittens being born will hit us very hard in the next month."

CATS and other organizations are more dependent than ever on donations of everything from pencils and office furniture to canned foods and pet food as they struggle to meet the growing demand of families hit hard by difficult economic times.

Whetstone said she appreciated the donation drive at the local Democratic headquarters in Medford as part of Barack Obama's call for a national day of service in honor of Martin Luther King Jr.

Dozens of phone cards were collected for veterans, and the Southern Oregon Humane Society received enough pet food to feed animals for a month and a load of gravel to repair the driveway. Local residents cleared out their closets and brought in blankets, clothing and even new socks still in the original wrapper for the Salvation Army.

Many organizations are seeing donations decline while demand increases as people lose their jobs and their homes. Families struggle to pay the utility bills or squeeze out enough money for food.

At CATS, the news has been both bad and good, Whetstone said.

In December, 100 cats and kittens were adopted out, the largest month ever. So far in January, 38 cats and kittens have found new homes, which she said is a good start for the year.

On the down side, donations are off roughly 10 percent for an organization that exists on a budget of $198,000 a year, Whetstone said.

In addition, the number of cats abandoned has risen. "We're still getting calls from Realtors finding cats in foreclosed homes," she said.

Whetstone said her organization has a policy of taking pets back if a family can no longer afford them. Last week, three cats were returned by people who lost their homes.

CATS also is seeing more felines brought in from abusive family situations as the economic downturn worsens, said Whetstone.

"An abusive person goes after the animal more times than you would believe," said Whetstone. "People don't realize that the abuser will take on an animal."

Gary Miller, executive director at ACCESS Inc., which provides food and assistance to low-income families, said he has seen demand escalating and donations increasing.

During the holidays, ACCESS had 261 first-time donors.

At the same time, for the first two weeks in January, people needing energy assistance increased 20 percent over the previous year. ACCESS received 795 inquiries from people needing help to pay utility bills.

Looking ahead, Miller said his organization is concerned about donations declining during the next six months.

"We're all on pins and needles," he said.

At the Salvation Army on Central Avenue in Medford, donations to the store are down.

"What we're really hurting on is the larger items," said Debbie Hopkinson, director of the three Salvation Army stores in the county.

She said the big-ticket items help pay for the overhead on the stores, which have to pay at least minimum wage to its employees. She said a room would normally be filled with couches and tables, but she had only two couches available on Friday.

Her shelves also are barer than she would like.

"We just have less items," she said. "We have more people coming in needing things and less to give them."

In addition to the stores, the Salvation Army has a charitable outlet that gives food and clothing to low-income families free of charge.

Other organizations also are feeling the effects as families cut back.

Jamie Kaufman, program director at Kids Unlimited, said she has noticed more parents withdrawing children from after-school programs at the popular youth organization in Medford.

"I hear daily about a car that broke down, or someone moving in with a relative because they can't pay the rent," she said. "Every day there is a new story."

Families are getting overloaded and don't take advantage of volunteering their time or applying for scholarships to offset the $30 a month fee for the after-school program.

"For us it's trying to get creative about what to offer," she said. "We can suggest payment plans or suggest someone carpool with another family to offset the cost of gas."

Dee Anne Everson, United Way of Jackson County executive director, said nonprofits exist on the generous donations from businesses and individuals.

Her office, for example, is outfitted with hand-me-down furniture from other businesses.

"Nonprofits need people, money and stuff," she said. "Generally, many people have enough for themselves, and they even have some to share."

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

September 27, 2007 - County Libraries Will Reopen

2009-09-27T21:26:00.000-07:00

2008 Winner of Public Service Award from Oregon Newspaper Publishers Association for series of articles on the closure of the library system because of cutbacks in Jackson County, Oregon.

By Damian Mann

Mail Tribune

Book lovers could see Jackson County's libraries open their doors before November after commissioners Wednesday unanimously approved a five-year contract to outsource the operation of all 15 branches.

Maryland-based Library Systems and Services LLC expects to hire 50 to 60 library workers by the end of next week for its initial startup, said Frank Pezzanite, president and chief executive officer for the company, known by the acronym LSSI.

"We've been through this before," said Pezzanite, who remembers hiring 101 workers in Riverside County, California, over a weekend. "It's nothing new for us."

Jackson County's libraries will become the second-largest system operated by LSSI, just behind Riverside, which has 32 branches.

The Medford library, at 83,000 square feet, is the largest single facility operated by LSSI, which operates a total of 65 libraries throughout the country.

The company began interviewing former county library employees and others this week. LSSI plans to open the libraries during the first week in November, but Pezzanite said it could be sooner if a quicker way can be found to reestablish Internet connections for all the branches.

"It will be exciting to get the libraries open for the community," said Pezzanite.

He predicted that library patrons should notice very little change in the way the libraries function, apart from reduced hours. "We put a lot of emphasis on public service," he said. "We try to get our people out of the back room to help the public."

The county's contract with LSSI is $3,048,948 for the first year of the agreement, but because the contract starts on Oct. 1 — three months into the budget year — the county will pay 75 percent, or $2,286,711. For fiscal year 2008-09, the LSSI contract is $3,140,416. Another $1.3 million will be spent by the county annually for utilities, facility maintenance, landscaping, telephones, custodial services and the computer system known as SOLIS.

The total amount to run the library system is about half what it was previously.

Pezzanite said salaries will be roughly comparable to what employees received from the county. He said the benefits also will be about the same except the retirement package will not have the Public Employees Retirement System benefits.

He said LSSI offers other benefits the county doesn't provide, such as tuition reimbursement and a bonus program.

Opening the Medford library for only about 24 hours a week isn't optimal, said Pezzanite, who said it would be preferable to have a big library like Medford's or Ashland's open for 60 or more hours a week.

The county's libraries closed April 6 after the loss of a federal timber safety-net funds. Since then the county received a one-year extension of about $23 million that will help pay for the libraries to reopen.

"This has been a fairly difficult process," said Commissioner C.W. Smith. "This has been a fairly painful process. We took a lot of criticism from the community."

Smith said the county will be working with various communities that might want to augment the hours of operation at their local branches. The county anticipates it will be able to fund the libraries for two-and-one-half years to three years.

"Is it perfect?," he said. "No it's not perfect, but it's a good beginning."

Commissioner Dave Gilmour said the county still must figure out a permanent solution to fund the libraries, possibly by creating a special library district.

Kathleen Davis, chair of the Library Advisory Board, said she reviewed the county's proposal with LSSI and applauded the effort in putting it together and reopening libraries.

"Thanks for taking this courageous step," she said.

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

September 19, 2009 - Circuit Court Ruling Goes Against Medford in Retiree Health Plan

2009-09-19T20:05:00.000-07:00

By Damian Mann
Mail Tribune

The city of Medford will have to pay potential damages to retired employees who had been wrongly denied continuing health coverage, Jackson County Circuit Court Judge Mark Schiveley ruled this month.

On Sept. 4, Schiveley wrote in his opinion that former City Attorney Ron Doyle and three other former city employees should have been covered by a bridge health insurance plan until they reached age 65. The other former employees who joined in the suit were Robert Deuel, Benedict Miller and Charles Steinberg.

Schiveley denied a motion for a class-action suit, but said Doyle and the others could be entitled to different damages based on different legal theories that would be applied on a case-by-case basis. The damage amounts will be determined later during a trial.

The judge earlier dismissed Medford's argument that it wasn't possible to provide a health plan to these retired employees.

"It is apparent from the record that other insurance which provides bridge coverage for employees indisputably is and has been available," wrote Schiveley.

At issue is the contention by former employees that Oregon law requires a government entity to provide bridge health insurance after they retire.

Schiveley stated Doyle and Deuel correctly claimed the city breached a contract to provide them with the option of electing to have a bridge health plan that was described in employee handbooks.

"There is undisputed evidence that the city failed to provide them with the election when they retired, thus breaching the contract," stated Schiveley.

According to Portland attorney Steve Brischetto, who represents Doyle and the other retirees, the city has different kinds of health insurance for different workers. Those in unions such as firefighters have a bridge plan, representing about 40 percent of employees. The remaining 60 percent of employees, such as police, managers and parks and recreation workers, don't have the bridge coverage.

Brischetto said that his interpretation of state law indicates the city has to provide the same level of coverage for everyone.

"If the city makes available health insurance to its current officers and employees, it must make it to its current retirees if that's possible," he said.

Brischetto said it has been a hardship on city employees who scrambled to find health coverage, but found it difficult because of preexisting health conditions. In some cases, they had to opt for plans with high premiums or settle for a plan that gave them lesser coverage.

He said these situations could have been avoided if the city had offered them a bridge insurance plan.

Springfield attorney Robert Franz, who represents the city, and City Manager Mike Dyal could not be reached for comment Friday.

Doyle, who retired in April 2005, initially asked the city for the opportunity to purchase the same health-insurance coverage that is available to current employees, or else provide a lump-sum payment of $90,000 to cover additional insurance and prescription costs.

In a separate, but similar case, Schiveley issued a summary judgment in July in favor of a public works employee, Joseph Bova, and others who asserted Medford is required by Oregon Revised Statute 243.303 to provide coverage to its retirees if that insurance is available to current employees.

Bova was treated as a separate case because he was employed by the city at the time of his lawsuit, while Doyle and others already had retired.

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

September 16, 2009 - Rancor Splits Local Lawmakers, Chamber

2009-09-16T07:03:00.000-07:00

By Damian Mann

Mail Tribune

Fallout from the last legislative session has strained relations between two Democratic legislators from Jackson County and the Medford chamber of commerce.

Rep. Peter Buckley of Ashland sent the chamber a strongly worded e-mail on Aug. 14, criticizing the organization tor taking a partisan stance that he characterized as sometimes personal — an accusation that surprised chamber officials say is untrue.

"I read through chamber publications and there is a consistent demonization of Democratic politicians, like (Sen. Alan) Bates and myself," he said. "I did not deal with a more partisan group than the Medford chamber of commerce."

Bates, an Ashland Democrat, agrees with Buckley's comments, saying he had several hostile conversations with chamber members.

Brad Hicks, chief executive officer of the Chamber of Medford/Jackson County, said he is confused by what he describes as unfounded accusations.

He said he only remembers the two legislators being treated with respect, though many of the chamber members disagreed with their position on tax increases.

"If anybody is being attacked here it might be us," he said. "I'm still kind of flabbergasted by the whole thing."

Hicks said he can understand Buckley being under stress after tackling a very difficult legislative session, but he said the chamber is obligated to take a stance on issues — particularly tax increases — that could have a profound effect on local businesses.

He said this stance shouldn't be construed by the legislators as partisan, but rather pro-business. He said the chamber often sides with Democrats on issues as well, noting he had received a thank-you note from the governor's office over the chamber's support for a transportation bill that will help build a Highway 62 bypass.

Hicks said the chamber took exception to tax increases on corporations and the wealthy because they could result in an estimated loss of about 70,000 jobs.

"I represent a bunch of folks that think that is unacceptable," said Hicks. "Economic prosperity starts one person at a time. It all starts with a job."

The e-mail from Buckley came after the chamber invited the representative to present a position on why the tax increases should be supported, Hicks said.

Buckley said his e-mail was written out of a sense of frustration with what he perceived as the chamber's mistakes in its approach and understanding of the legislative process.

In the e-mail addressed to both Hicks and John Watt, the chamber's lobbyist, Buckley said, "At this point, you are clearly partisan at all times while holding a pretense that you are not. This makes it extremely difficult for a Democratic legislator, no matter how much I want to find common ground, to see you as a credible stakeholder in the legislative process."

Buckley said the chamber didn't give enough credit to legislators for creating jobs through the transportation bill as well as the new education building in downtown Medford. An expansion of the Oregon Health Plan to cover more kids would result in more jobs, even though it was opposed by the chamber, he said. In addition, thousands of jobs such as teachers, state police, corrections workers and court personnel were saved by difficult decisions made by the Legislature, he said.

Buckley said he has no problem with people disagreeing with his policy, but he said the kind of rhetoric coming out of the chamber branded him as an uncaring politician who did not work hard enough.

The August 2009 chamber newsletter cites Buckley and Bates as playing a key role in increases in taxes, giving them the lowest marks of any local legislator for their votes on tax bills opposed by the chamber.

In the newsletter, it describes Bates as a legislator who presents himself as a moderate who supports business, but made a dramatic plea for tax increases on the Senate floor.

In the newsletter, Hicks stated, "It was as though the only jobs that Salem seemed to think were worth saving or even supporting were ones that draw a state paycheck. They didn't want to consider the impact on businesses and their employees. They just needed someone to tax and didn't seem to understand or care about the real economic impact of those decisions."

Buckley said he took exception to the pointed language Hicks used in the newsletter, which he perceived as a personal attack on Bates and him.

"To say we don't care — I'm saying why are you doing this?" he said.

Watt said he has a very different memory of the conversations chamber members had with the two legislators during conference calls.

"There were absolutely, and I emphasize absolutely, no personal attacks," he said. "I was stunned to hear that accusation that it was personal."

Watt said he was at every one of the phone meetings and he heard lots of frustration about some of the issues, but nothing approaching hostility.

"If someone doesn't agree with policy, is that personal?" he said.

In Buckley's e-mail, the legislator accuses Watt of partisanship because he disseminated a press release immediately after it was written by House Republicans who were critical of the corporate tax bill.

Watt, a lobbyist for many businesses, said he routinely gathers press releases from both parties that he e-mails as part of a news and opinion piece he prepares nearly every morning. The day after the Republicans sent out a press release, Democrats did likewise and Watt said he sent that out as well.

In addition, his Web site has links to different stories from both parties throughout the state, he said.

"We do not do this service on behalf of the chamber," he said. "We do this service for the people of Oregon. It is not tied to my client."

Watt, a former legislator, said he strives not to be labeled a Republican in his dealings as lobbyist.

Praising Buckley as a person who stands up for his beliefs, Watt said he understands legislators are exhausted after one of the most difficult sessions in recent memory.

"I highly respect those people," he said.

Bates said the local chamber showed a lack of understanding about what was going on in Salem to craft the state budget, which was designed to preserve jobs and critical community services.

He said the chamber had no problems endorsing an increase in taxes for transportation projects that will benefit many local businesses, but objected to what he describes as a small tax increase on the very wealthy to help shore up schools and other critical services in Oregon that faced $2.5 billion in cuts.

In conversations with chamber members, he said it was taken to a personal level at times.

"It was more and more strident, with more and more anger," he said.

He said many of the verbal attacks took place during chamber telephone conferences, where he wasn't allowed to respond to the accusations.

"The chamber wasn't there to be a part of the conversation in a positive way, a progressive way," he said.

In one session with a local health care company that is a chamber member, he said, "I couldn't get a word in edgewise. It was just strange."

Bates said he is used to disagreeing with people who have views that are different than his own.

"I can understand political differences," he said. "I can't understand personal attacks."

Chris Borovansky, a chamber board member and Jackson County fair manager, said he is surprised at the statements made by the two legislators.

In phone conversations with Buckley and chamber members, he described the give-and-take as polite.

"I thought Buckley comported himself well, and I thought chamber members comported themselves well," he said.

In Buckley's e-mail, he stated the chamber thought any budget cuts to county fairs was unacceptable. But Borovansky said that differed from his memory of the conversation. "We certainly expected cuts," he said. "If he took it to mean any cuts are unacceptable, that's not what we meant."

Borovansky said he's hoping the chamber and the two legislators can eventually patch up their differences.

"I hope that out of this thing, there comes renewed dialogue," he said. "What's important is not the dispute, but the resolution."

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

September 15, 2009 - Highway 62 Bypass May Cut Traffic 25 Percent

2009-09-15T07:15:00.000-07:00

By Damian Mann

Mail Tribune

A plan to shift a quarter of the traffic off congested Highway 62 in Medford is taking shape as transportation officials move forward with a $100 million bypass route.

The project would begin just east of Poplar Avenue and create a two-lane highway running roughly along the old Medco Haul Road for 3.5 miles to just south of White City.

Motorists would use the route as a way to avoid the busiest stretch of Highway 62, which has more than 40,000 vehicle trips a day in the heavily traveled shopping areas in Medford.

Projections indicate that 26 percent of drivers on the highway would use the bypass.

The project would 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.

To qualify for the $100 million locally, the project must begin by 2013. Tim Fletcher, project leader for the Oregon Department of Transportation, said the bypass could go to bid by June 2012.

Fletcher said one major issue to be resolved is whether to construct a signal so motorists can enter the bypass west of Whittle Avenue in Medford or to build a bridge to allow the free-flowing movement of traffic. Whittle Avenue is about three-quarters of a mile east of Interstate 5.

The bridge would be built on the existing Highway 62 to accommodate vehicles driving toward I-5. Motorists traveling away from I-5 would drive under the bridge to reach the bypass road.

The bypass would have no on- or off-ramps from that point until it ends near White City, about a mile past Vilas Road.

A bridge would be built over Vilas that could ultimately accommodate four lanes, but no ramps would be built there during the first phase of the project. Another bridge would be built over Justice Road.

Fletcher said transportation officials are debating whether to use a signal at the White City end of the bypass or to build another bridge to make it easier for traffic to get on and off.

Because more turn lanes would be needed to merge traffic onto the bypass, Highway 62 in Medford would have to be widened in certain sections.

ODOT spokesman Gary Leaming said the main goal is to design a route that motorists can use to avoid the congestion through Medford.

"It has to work from day one," he said.

To maximize the length of the bypass and to save money, Leaming said it would be built with only one lane in each direction.

"We're trying to push this as far north as possible," Leaming said. "We're trying to push it past Vilas Road."

Eventually, transportation officials would like to extend the bypass along the north side of the Department of Veterans Affairs' domiciliary in White City, from where it would reconnect with the existing Highway 62.

Leaming said it will take several years to finalize designs and to purchase property along the route.

Leaming said transportation officials have been working for years to find a way to build the bypass. The Legislature's funding plan gave it a critical boost.

"Anybody who drives on Highway 62 knows we need to get the first phase of the project on the ground and operating," he said.

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

September 11, 2009 - Water Park Makes A Splash With Council

2009-09-14T22:40:00.000-07:00

By Damian Mann

Mail Tribune

Medford will dive into a proposal to build a $13.5 million water park that would be larger than similar parks in Redding and Fremont., Calif.

City Council members agreed Thursday to spend $300,000 from a contingency fund to develop plans for the park, which would include slides, a lazy river, family beach areas, splash pads and a wave machine.

The aquatic center could be built in Bear Creek Park, where the existing dog park and BMX track are located, parks department officials told the council. The city would relocate those existing facilities as part of the project.

Hawthorne Park would be closed, while the more popular pool at Jackson Elementary would remain open.

The water park could pay for itself or generate a substantial profit for the city, depending on admission prices. Additional revenues could be generated from concessions and renting umbrellas.

"I think we have come up with a way that will pay for itself and be a revenue generator for itself," said Craig Stone, chairman of the Medford Parks and Recreation Foundation.

"This will be a better facility than what they have in Redding."

It costs $19 to use Waterworks Park in Redding. Charging the same in Medford would bring a profit of $1.6 million annually to city coffers, said Brian Sjothun, Medford Parks and Recreation director.

At one point during the council's study session Thursday, about half the people in attendance raised hands indicating they knew of someone from this area that had gone to Waterworks.

Some parks charge as little as $5, a rate that would require an annual city subsidy of $68,300 to maintain the Medford facility. The city subsidizes Hawthorne pool with $128,300 annually to keep it open during the summer.

Fremont's Aqua Adventure charges $15 for local residents and $16 for nonresidents.

Sjothun said his department would develop up to five funding strategies that would be presented to the council at a later time.

Visitors to the park would spend $2.2 million a year at local businesses and create 61 jobs, according to a study of the park proposal by REMI Northwest of Medford.

"This would keep people in Medford, attracting people to our restaurants and shops," said Sjothun.

Councilman Al Densmore said the city has to be careful not to charge fees that would put the facility out of reach for low-income families, who spend $1 to let their children use the local pools.

"We cannot just view it as an income producer," he said.

Densmore said the fee should strike a balance between generating revenue and remaining viable for the community. He also wanted to know whether enough income could be generated to make repairs at Jackson pool.

Sjothun said significant studies of the fees would be conducted, including whether to charge more for nonresidents. A scholarship fund could be set up to help low-income residents attend the aquatic park.

If the council ultimately agrees to build the park, the grand opening could be May 5, 2012. It would be open on weekends in May, then daily from Memorial Day to Labor Day, cutting back to weekends through the end of September.

With about 20,000 square feet of water area, the park would still use less water than the pool at Hawthorne Park, which loses about 7,000 gallons a day, Sjothun said. The water features at the park are generally fairly shallow.

If the city received 30-year revenue bonds of $13.5 million, the annual debt payment would be $900,000. Most of the revenues would be generated through admissions.

September 10, 2009 - U.S. Economy 'Isn't Getting Better Here'

2009-09-14T22:36:00.000-07:00

By Damian Mann

Mail Tribune

Time has run out for 153 Jackson County residents who exhausted their unemployment benefits last week.

The residents are part of the first wave of 3,000 Oregonians who have no extensions left after losing their jobs about a year and a half ago, according to the Oregon Employment Department.

The Employment Department estimates 500 Oregonians will run out of benefits each week, though they will get a three-month reprieve when another extension approved by the Legislature kicks in on Oct. 4.

Dempsey Haller, who was looking for jobs at the Medford employment office Wednesday, calculates he's only got a month left before his benefits run out.

"It's sad," he said. "But I know I'm not alone."

Haller said he's received only a few responses to dozens of resumes he's sent out since he lost his job 18 months ago as an executive director at a Chico, Calif., veterans housing facility.

The 58-year-old Medford resident said it's difficult getting any interest in the applications he's sent out, a sentiment shared by others at the employment office.

Waving his resume in the air, Steven Johansen said, "Nobody will look at this."

The 51-year-old Medford resident said he's sent out more than 300 resumes in just over a year since losing his job at a health care company.

He said he wants to work and doesn't like being unemployed, adding this is the first time in his life he has received the benefits.

"It gets to be really discouraging," said Johansen. "You just keep putting in applications."

Craig Spivey, spokesperson for the Employment Department, said those who are without benefits can continue to use the resources of his department to look for a job. They also can go to the www.worksourceoregon.org to find information about shelters, food banks and other services.

The Employment Department and the governor's office are attempting to get further extensions in January to help unemployed workers.

"We are trying to raise awareness at the federal level," said Spivey.

Currently, an unemployed person could get up to 79 weeks of benefits if they qualified for all the extension programs offered, he said.

Employment officials say Oregon needs additional help because its unemployment rate is 11.9 percent. Jackson County's rate is 13.2 percent and Josephine County's is 14.9 percent.

In July 2008, Congress passed the Emergency Unemployment Compensation program, which added 13 weeks of benefits on top of the 26-week regular claim. Since then, further additions to the EUC program, plus Oregon's continued high unemployment rate, meant unemployed Oregonians could receive a total of 79 weeks of benefits. On Sept. 5, those who qualified at the beginning of the extension programs exhausted all benefits.

In 2009, the Oregon Legislature passed the Oregon Emergency Benefits program to add 13 more weeks of benefits for those who have exhausted all extension programs. The program however, does not go into effect until Oct. 4.

With the clock ticking, many of Jackson County's unemployed worry about how they will pay their bills.

Larry Stauth said he's not sure about all the extensions the Employment Department has available to him, but he thinks he's only got another eight or nine weeks of benefits.

"I was told that after that, it is done," the 41-year-old Medford resident said.

He's worried that his $600 a month temporary health insurance program is about to expire and he will have to pay a higher rate.

"The cost will go up and the coverage will go down," said Stauth, who lost his job as a shipping and receiving clerk for a parts and service company for semitrailers.

His wife, Sherri, lost her job six months ago as an insurance agent.

Stauth said they need to have insurance because his wife has diabetes. His 20-year-old stepson works at Jack In The Box, but had his hours cut.

Stauth said he's been trying to juggle a part-time job as photographer at the Ashland Daily Tidings to supplement the $300 a week he receives from unemployment.

With so much at stake for his family, Stauth said he's particularly worried about running out of unemployment benefits with no signs the job market is improving.

"Everybody's saying it's getting better, but it isn't getting better here," he said.

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

September 7, 2009 - Standoff Ends Peacefully

2009-09-14T22:32:00.000-07:00

By Damian Mann

Mail Tribune

A 47-year-old Alma Drive resident who allegedly threatened to harm himself and others voluntarily surrendered to Medford police Sunday night, ending a 24-hour marathon standoff with a small army of SWAT team officers and snipers.

The tense situation began at 5:30 p.m. Saturday during a reported domestic dispute between 47-year-old Bradley Leon Cathey and his wife, Sandra Cathey, 45. When police arrived, the wife left the residence with a 7-week-old baby in her arms, police said.

"It was a good ending to a very tragic case," Lt. Tim Doney of the Medford police said. "Nobody was hurt, no citizens were hurt, no officers were hurt and he wasn't hurt."

It also was one of the longest standoffs in recent memory in Medford, said Doney. No shots were fired during the incident.

Cathey walked out of his 2448 Alma Drive house, a few blocks west of Crater Lake Avenue, and obeyedorders from police officers who quickly put him under arrest almost exactly 24 hours after the situation erupted. He was unarmed at the time.

After a search warrant was issued on the house, officers found a shotgun, two .22-caliber rifles and a .38-caliber handgun. He had barricaded himself in his garage, threatening to harm himself and officers, the Medford police reported.

Even though the suspect suggested there were explosives, none were found, said Doney.

Cathey will be taken in for psychological evaluation and will be charged with coercion, menacing and disorderly conduct.

Police haven't determined whether drugs or alcohol were a factor, said Doney.

The Jackson County District Attorney's Office could decide to file additional charges after it reviews the case, he said.

Neighbors, who had been evacuated 24 hours earlier, returned to their homes and police pulled down yellow tape that blocked both entrances to Alma Drive.

The Jackson County Sheriff's Department SWAT team relieved Medford police officers Sunday morning after officers had worked through the night. No estimates have been made yet on how much it cost to mount the police response to the standoff.

Officers shut off water and electricity to the home to prod Cathey into contacting police and ending the standoff peacefully.

Police wanted to avoid bursting into Cathey's home unless he took some sort of provocative action at the three-bedroom house that he and his wife bought in 2005.

Residents offered up their homes to officers during the standoff, providing them with water and a place to go for restroom breaks.

"We would like to express our appreciation to the neighbors," said Doney.

On nearby Gould Street, police set up a mobile command center.

Neighbors and other onlookers strolled past police tape Sunday afternoon, trying to peer down the street as officers occasionally drove by carrying weapons and dressed in camouflage gear.

While some nearby residents weren't sure what the commotion was about, others said the Catheys had a history of domestic disputes and developed strained relations with some of their neighbors, many of whom feared having their names disclosed. Some residents said Cathey was generally a fairly quiet man.

Rick Cavalli said the couple had moved out about five months ago, and had only been back about two weeks.

"It was nice having them gone," he said.

In one dispute with a neighbor, Cavalli said the Catheys had installed video cameras and erected halogen lights.

He said his family adopted an 11-year-old girl who was one of three foster children that formerly had been cared for by the Catheys.

"They're not what you'd call your June and Ward Cleaver couple," Cavalli said, referring to the 1950s and '60s sitcom "Leave It To Beaver."

Medford police didn't refute the suggestion that they had dealings with the Catheys prior to the standoff.

"It's fair to say we haven't had a lot of contact with this family prior to this," said Doney. "That's not to say we haven't had any."

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

September 6, 2009 - Cycle Oregon Spins Back South

2009-09-14T22:27:00.000-07:00

By Damian Mann

Mail Tribune

Debby Richter has practiced for months in anticipation of this year's Cycle Oregon, riding about 400 miles in one week over some of the toughest terrain Southern Oregon and Northern California have to offer.

"I turned 50 and said, this is your present to yourself," said the Medford resident.

Richter is one of 2,200 riders from 40 states and 10 countries who have paid $850 to participate in the Cycle Oregon tour that begins and ends in Medford Sept. 12-19.

The 2009 ride will take cyclists down Highway 99 over the Siskiyou Summit and dip down to Yreka and Happy Camp in Northern California, then head up to Grants Pass and swing through Glendale before finishing where it started in Medford. This is the first time the tour will head into Northern California and is being billed as a ride through the mythical State of Jefferson, referring to the failed separatist movement in this area.

Riders will climb a number of mountain passes, offering a new challenge each day while traveling through local communities such as Jacksonville and Wimer.

"It's a pretty challenging route in some places," said Richter, who last rode in Cycle Oregon about 10 years ago. "I think some people will be surprised how many hills we have in Southern Oregon."

While many riders will be taking the roughly 70 miles a day at a leisurely pace, Richter said she expects some elite riders will use the tour as a training exercise.

Cycle Oregon is more than just a ride. On the first and last night, many cyclists will camp in Fichtner-Mainwaring Park in Medford, where they will receive food and entertainment. Other riders will stay in local hotels or eat at local restaurants.

"Our mission is economic development in rural communities," said Jerry Norquist, ride director for Cycle Oregon. "We will bring cyclists into Southern Oregon for the first time, and many of them will return year after year."

A shuttle service will ferry riders to downtown Medford while they're here, and they can participate in wine-tasting events at RoxyAnn and EdenVale wineries, where they also can sample local cheese and chocolate.

Cycle Oregon will spend $125,000 to set up the event and handle everything from food to camping to portable toilets and showers.

Cycle Oregon's last ride through Southern Oregon, in 2004, was marred by the death of a West Linn woman who lost control of her bicycle on a twisting mountain road near Williams. It was the first death since the ride began in 1987.

Tara Corbin, community relations and logistics director for Cycle Oregon, said this year has been the most popular yet for the ride.

"We sold out in the fastest time ever this year — in less than four weeks," she said.

Most of the vendors are from out of town, but teams of local volunteers will be helping out all week long, Corbin said. Crater FFA students will handle baggage, for example, and meals will be served by the Southern Oregon Historical Society and the Southern Oregon Visitors Association. The Britt Festivals will take care of entertainment.

Cycle Oregon has teamed up with local Lions Clubs to put on a barbecue, providing those organizations with money they will use for projects that will benefit the community.

Corbin said the route chosen this year is completely different than in 2004 and will require riders to head down a portion of Interstate 5, from about Hilt to Hornbrook, Calif.

Sue Stephens of the Medford Visitors and Convention Bureau said Cycle Oregon is hoping local residents turn out to cheer the riders on as they leave town and when they return.

"We would like this to be a great opportunity to showcase our area and to hopefully create the potential for many of these visitors to return," said Stephens, who has been instrumental in bringing the ride back to Southern Oregon.

Local businesses and volunteers are preparing to help with the ride, though in some cases not directly.

Dave Patterson of Marty's Cycle & Moore in Medford said he will be assembling a couple of bikes sent from riders on the East Coast before they arrive next week.

"Then when they're done, we box them up and ship them back," he said.

Mike Smith, president of the Siskiyou Velo Club, said he will be volunteering to help feed riders.

On Thursday, he will be in Wimer helping dish out beverages and snacks during a rest stop for the riders.

"That sounds pretty hilarious to me," he said. "That's a pretty sleepy community to me and in comes 2,200 riders in their finest Spandex."

On Saturday, he will be helping the Lions Club pass out food. His organization will get about $50 per man for volunteering, but he said the money will be used to help fix up the Bear Creek Greenway or benefit a helmets for kids program.

"It's kind of fun being there with the music and people to talk to," he said.

John Ford, owner of Bear Creek Bicycle in Ashland, has had a lot of inquiries about the ride, but the question he's received the most is how will cyclists ride over the Siskiyou Summit.

"For almost $1,000, to ride on I-5 is strange," he said.

Ford said he knows of only one Ashland man who will be making the ride. Ford said his store installed new tires for the man's bicycle.

"It's pretty expensive, and it takes quite a bit of time," he said.

Debby Richter said she doesn't think it strange to ride on I-5 for a small portion of the tour.

"It's actually got a fairly wide shoulder and it's a pretty easy part of the ride," she said.

She said she is familiar with most legs of the tour.

"I've ridden on about 90 percent of it at various times," she said.

Reach Damian Mann at 776-4476 or dmann@mailtribune.com.

August 11, 2009 - Bear Creek Bridge Takes Bite Out of Barnett Business

2009-09-14T22:22:00.000-07:00

By Damian Mann

Mail Tribune

Businesses on Barnett Road near Interstate 5 are reporting a sharp drop in sales since the Medford thoroughfare was blocked for demolition of a bridge over Bear Creek.

"Probably 75 percent of my business just disappeared," said Max Lundy, manager of the South Gate Shell Station on Barnett Road.

Lundy said that as a result, the gas station will cut back from a 24-hour operation and will begin closing at midnight.

"Even the Chevron is closing at 10 at night," said Lundy. Chevron is across the street from the Shell station on Barnett, just west of I-5.

The downturn has affected businesses on both the east and west sides of the road closure.

Wildish Standard Paving of Eugene already has demolished the aging bridge and removed the asphalt on either side of Bear Creek, requiring motorists to wend their way through a construction zone to reach the businesses closest to the work. Transportation officials said the $1.7 million bridge-replacement project was necessary because the old bridge was reaching the end of its lifespan.

The bridge replacement is the final piece of a massive project that also pushed the I-5 interchange a quarter-mile south of Barnett Road. The new interchange opened in July.

Most of the concern has been for businesses on the east side of the closed bridge, where customers have to maneuver along a temporary dirt road, often after a circuitous detour. However, many businesses on the west side, including the gas stations and restaurants, have felt the fallout as well. For them, not only has the road been closed, but the move of the southbound freeway off-ramp and two on-ramps means many motorists no longer pass by their front doors.

"We used to be on a thoroughfare," said Jim Potter, owner of Rooster's Restaurant. "Now we're on a cul-de-sac. It's a real tough time right now."

Noting that summer normally is his busiest time of the year, Potter said the downturn will make it particularly tough for his business, which has been hit by the interchange move, the economy and now the closure of Barnett.

"It's like a fighter in the ring — bang, bang, bang," he said.

Bill Potvin, food bar manager at HomeTown Buffet, said business has been hit and miss over the past month.

"We have noticed a decrease in business because of the closure," he said.

On the other hand, he said, the restaurant was busier two weeks ago than at the same time last year.

"It's been like a roller coaster," he said.

On the other side of the freeway, Tom Hawkins, owner of the Dairy Queen, said the downturn has been striking, but not unexpected.

"We're down about 60 percent," he said.

Since he's been planning for the closure for years, he said it will be easier to bear.

"I'm anxious to get the road reopened," he said.

The Dairy Queen and several motels on Alba Drive may have the worst situation of all. They are immediately west of the closed bridge, but east of the freeway, so the only motorists who drive that direction are looking for them — or lost. The northbound off-ramp that once fed directly into Alba Drive has been closed.

Hawkins purchased additional signs that ODOT agreed to install to help direct traffic to his business. Motorists can no longer turn directly onto Alba from Barnett, but have to go east over the overpass and turn left just before the construction cones at what was formerly the northbound on-ramp for Interstate 5. The temporary road will lead drivers to the Dairy Queen and motels.

On the east side of the bridge, Curt Moore, owner of the Black Bear Diner, said, "We're down, definitely."

But he said the decline has been less than the drop-off when earlier interchange construction activity made it difficult to access his restaurant.

The three motels near the Dairy Queen have seen a significant downturn, particularly in walk-in traffic.

Moore said ODOT has been more approachable recently as it tries to post as many signs as possible to direct traffic to businesses.

"They have been trying to work with us," he said.

Not every business has been adversely affected by the road closure.

Darby Stricker, general manager of the Best Western Horizon Inn on the east side of the closure, said it's been only a minor inconvenience for her customers to drive on dirt for about 40 feet before turning into the hotel.

"It was a challenge in the first couple of days," Stricker said.

She said her hotel has been more affected by the economic downturn that has cut tourism statewide by 12 percent

The opening of the new interchange helped her business, which is being remodeled to take advantage of its new visibility to motorists exiting the interstate.

"The new interchange drops people off the freeway into our back door," she said. "It really helps."

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

February 3, 2009 - Too Many Too Fast?

2009-09-14T22:17:00.000-07:00

By Damian Mann

Mail Tribune

The partially opened south Medford interchange is intended to improve traffic flow near Interstate 5, but neighbors who use Highland Drive say that, so far, it's made matters worse.

Bob Mylenek says the start of his morning commute has become an adventure, as he tries to pull onto Highland from Greenwood Road. The combination of increased traffic, higher speeds and an S-curve in the road has made the intersection dangerous.

"You can't see anything coming," said Mylenek. "It's totally blind."

The 58-year-old Medford businessman said he's had a couple of narrow misses as vehicles come barreling down behind him when he pulls onto Highland at Greenwood, the first intersection north of Barnett Road.

He's noticed an increase in traffic since the interchange opened. Cars come off the four-lane-wide off-ramp, cross Barnett, funnel down Highland through the S-curve and appear surprised to find motorists entering the roadway from Greenwood, he said.

The motorists coming off the freeway also drive faster than before the off-ramp opened, he said.

"Somebody who is not an aggressive driver is going to get smacked."

Mylenek, whose wife also had noticed problems making the turn, has contacted Medford officials to see if anything can be done to alleviate the situation.

"I don't know what the answer is going to be," said Mylenek. "They really need something to slow this down."

He said he fears even more traffic will use Highland once the new interchange is fully open, particularly when Barnett is closed for six months beginning this summer to build a new bridge over Bear Creek.

During the planning for the south Medford interchange, some residents voiced concerns about increased traffic dumping into Highland.

Mylenek said he's not an opponent of the project. "I think it's great," he said.

Medford City Council member Bob Strosser, who has discussed the traffic situation with Mylenek, said he's contacted the police chief to see if anything can be done about speeding motorists.

He said it's difficult for motorists on Greenwood to see southbound on Greenwood because of the S-curve and an apartment complex that obscures the line of sight.

Strosser said he wouldn't be surprised if the new interchange has boosted the number of cars on Highland, despite earlier traffic studies indicating it wouldn't have much of an effect.

"Sometimes theory and reality don't coincide," he said.

He said the city eventually will need to conduct a new traffic count to see how the interchange is affecting Highland.

Cory Crebbin, Medford's public works director, said if the city receives a request, it could conduct a traffic study at the intersection.

He said it is difficult to tell whether the interchange has permanently affected traffic on Highland because it is not finished yet.

After construction is finished, he predicts traffic will be down on Barnett as motorists find other options to get around town.

Until the work is done, he said, "Traffic patterns are unpredictable."

Currently, northbound traffic on I-5 can take the off-ramp, but are not yet allowed to turn west over the freeway to reach Riverside Avenue — the primary connection to downtown — because other ramps are still under construction. Once the overpass is open, a share of the traffic is expected to choose the westerly route.

Crebbin said if speeding is an issue, the police department could take enforcement steps as it has done on other streets in the city.

He said a planned change at the Greenwood and Highland interchange could help slow down traffic.

"We are going to put in an advanced pedestrian crossing," said Crebbin.

The crossing will provide a route for pedestrians between Greenwood Road and Bear Creek Park on the west side of Highland.

While plans are not yet finalized, Crebbin said, there will be markings and signs and a flashing beacon possibly would be installed to warn motorists.

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

June 16, 2009 - Toxic Algae Returns To Lost Creek

2009-09-14T22:09:00.000-07:00

By Damian Mann

Mail Tribune

TRAIL — For the fourth year in a row, a health advisory was posted Monday at Lost Creek Lake warning that recreational activities could pose risks because of a toxic algae bloom.

"We're recommending people not swim in it," said Jackson Baures, Jackson County Environmental Health Division manager.

High levels of a blue-green algae known as anabaena flos-aquae have been detected in the water, and health officials fear that can produce toxins harmful to humans and animals.

The advisory warns that swallowing or inhaling water droplets should be avoided, as should skin contact with water by humans or animals. Drinking water from Lost Creek is especially dangerous as toxins cannot be removed by boiling, filtering or treating the water.

Health officials advise not eating crayfish or shellfish from the lake. Anyone who chooses to eat fish from the lake should remove the skin, organs and fatty tissues where algae-produced toxins collect.

Health officials say exposure to toxins can produce symptoms of numbness, tingling and dizziness that can lead to difficulty breathing or heart problems and require immediate medical attention. Symptoms of skin irritation, weakness, diarrhea, nausea, cramps and fainting also should receive medical attention if they persist or worsen. Children and pets are particularly susceptible.

Baures said the risks from eating fish that have been in this type of water are unknown, but he advised that a cautious person would avoid eating the fish.

Since 2006, Lost Creek Lake has been hit with high levels of toxic algae every year.

In 2008, a blue-green algae warning was posted at the lake on Sept. 25 and wasn't lifted until Jan. 27. Most of the advisories have lasted several weeks.

This isn't the earliest advisory at the lake.

Baures said that in 2007, the lake was posted on June 12, slightly earlier than the warning this year.

The safest recreational activities in the lake are boating and catch-and-release fishing, he said. Additionally, there is camping, hiking, cycling, picnicking and bird watching.

Doni Swearingen, general manager for the Lost Creek Marina, said she thinks it's up to the individual to decide whether to heed the health advisory.

"Last year, my kids and I swam in it, and we're not glowing green," she said. "You can still come up and do anything you want."

She said her family ate fish from the lake and had no ill effects. Swearingen, who operates a marina, store and restaurant, said she hasn't heard of anyone getting sick from the lake.

Out in the middle of Lost Creek, there is less algae and many visitors go boating out there and swim in the water. She said most of the algae blooms occur in shallower waters.

Last year, she said the algae continued to grow into January even when lake temperatures dropped to 38 degrees.

Despite the algae bloom last year, Swearingen said her business has done well, though she said the health advisory was posted after the holiday period was more or less over.

So far this year, she said the downturn in the economy has helped business. A lot of locals, Swearingen said, are choosing to stay closer to home for their vacations. The campgrounds, she said, have remained full.

"We've had a great year so far," Swearingen said.

Jim Buck, operations project manager for the Army Corps of Engineers, said algae blooms typically have lasted five to six weeks.

Officials don't know how long this outbreak will last. They plan to watch the bloom and will retest when they see the algae drop.

Three tests at locations around the lake found about 500,000 algae cells per milliliter of lake water in two samples and 1.6 million cells per milliliter in another sample, Buck said. Health standards require a warning if more than 100,000 cells per milliliter are found.

In 2006, tests found 14 million cells per milliliter of lake water.

Buck said the Corps also has resumed water-quality testing, a program that was discontinued in 2001 because summer testing usually found little variation. Tests are reporting high levels of phosphorus, a nutrient that algae thrives on, but more data is needed, he said.

He said officials aren't aware of any illnesses caused by blue-green algae in the lake.

June 7, 2009 - Bridge Closure Drives Concern

2009-09-14T22:05:00.000-07:00

By Damian Mann

Mail Tribune

When a 61-year-old bridge over Bear Creek is demolished in July, Barnett Road will turn into a dead-end street for about six months, and merchants along one of the city's busiest thoroughfares say they are bracing for the fallout.

"We've been dreading this day for years now," said Curt Moore, owner of the Black Bear Diner.

Starting sometime after July 4, drivers coming from residential areas in east Medford and heading west along Barnett will encounter a construction zone around the diner, the Dairy Queen and four hotels. Motorists heading east no longer will be able to go past Stewart Avenue. In essence, Barnett will become a dead-end street going both directions.

This is the last phase of the South Medford interchange project, and it likely will be one of the most disruptive for local motorists and businesses.

The bridge closure will cut off the Black Bear Diner, an adjacent motel and other businesses from any direct traffic from west of Interstate 5.

Perhaps even more dire will be the situation of the Dairy Queen and three adjacent motels, which will be cut off both from east Medford and from the freeway on- and off-ramps, which are on the east side of the creek. Further west, several gas stations and fast-food restaurants also will be cut off from the east side of Barnett and the freeway ramps.

For either location, a motorist 100 yards away on the opposite side of the creek will face a drive of nearly two miles to reach their businesses.

The Oregon Department of Transportation acknowledges the construction work will be a hardship for businesses. ODOT has hired a marketing person and is installing 11 additional signs to help guide motorists around the area.

"We're obviously concerned about the closure of the bridge," said ODOT spokesman Gary Leaming.

As much as Moore has prepared himself for the bridge closure, he said he has no idea what effect it will have on his diner.

He said he lost 25 percent of his customers when work began on the interchange in 2006, particularly from eastside medical business employees who found the area difficult to negotiate. He has lost additional customers because of the recession, he said.

Moore said he expects the bridge closure will be a shock for many motorists despite the warnings.

"There are a tremendous number of people who don't know the bridge is going to come down," he said. "It will catch a lot of people cold."

The diner has passed out maps and letters to its customers explaining the big change. Some additional signs have been placed to direct motorists, but Moore said he was hoping for more.

He has asked ODOT to install three additional signs at various points along Highway 99 at Barnett, Stewart and Garfield.

"After all this construction, this is the only thing I asked for, and they said they couldn't do it for me," he said.

Leaming said that after some review, ODOT decided it could put the signs in if Moore agreed to pay half the cost, which he had volunteered to do.

Moore said he didn't think ODOT's new marketing person, hired to help affected businesses, will help much.

"Why are they bringing this person out a couple of weeks before the closure?" he asked.

While the marketing person seems knowledgeable, Moore said, many of the ideas she suggested already were in the works by the local businesses.

"We're kind of on our own," he said.

Moore said the contractor, Wildish Standard Paving of Eugene, has indicated it might complete the bridge project in less than six months, but Moore said he isn't holding his breath. ODOT on Friday announced the start of the project would be delayed by two weeks because of difficulty getting a signal control mast on the new interchange bridge.

Leaming said his department has paid for multiple signs already to make sure motorists know about the six businesses that are in the construction "hot zone."

Leaming said the restaurant that now houses the Black Bear Diner had been closed for years, but was reopened just prior to the beginning of the South Medford Interchange project.

"He knew this project was coming, but he elected to open his business there," he said.

ODOT did not hold a marketing meeting until May 12, because the project was in flux and there wasn't a lot that businesses could do until they got closer to the date of the bridge closure, said Leaming. He said the purpose of the meeting was to help the businesses work together.

Leaming said it will be a challenge for local motorists to deal with the closure of a major arterial street. He said he hopes residents understand the need to continue to support the affected businesses.

On the west side of the interchange, Leaming said, the merchants won't be as impacted by the bridge closure.

He said there still will be street access to Winco, gas stations and restaurants, as well as signs that will help motorists.

"It will be different, but you will still able to get there," he said.

Barbara Schenck, a marketing consultant who worked with ODOT on the closure of a bridge in Roseburg, said that no businesses closed as a result of the bridge work in that community.

She said that after the May 12 meeting, the six merchants near the bridge formed a consortium to help promote each other's businesses and share resources, such as coupons that the motels can pass out for the restaurants. She said the businesses also are working individually to get the word out to their customers.

"The main point I want to make is how resilient these people were," said Schenck.

Some businesses don't foresee a problem with the Barnett Road bridge closure.

Darby Stricker, general manager of the Best Western Horizon Inn, adjacent to Black Bear Diner, thinks the worst is behind her because she depends on mostly out-of-town travelers. When the bridge closes, the interchange will have been completed, with an off-ramp delivering motorists close to her front door.

"Once customers are able to access both sides of the freeway, things will improve," she said.

Stricker said she can understand the concerns of the businesses that depend more on local traffic.

"I know some of them are freaking out," she said. "Anybody dependent on local traffic is going to be jammed up by this."

Tom Hawkins, owner of the Dairy Queen, said ODOT and Wildish have done a great job of keeping in contact with business owners. He said the work so far has resulted in only a minor decline in business.

"I think once it is all done and opened up, it will allow better access and visibility and it will overall be safer on Barnett Road," said Hawkins, who runs the business with his wife, Leah.

Jim Potter, owner of Rooster's Restaurant on Barnett's west side of I-5, said he expects to see a downturn in customers.

"I've been telling people we're changing our name to Knot's Landing because we're at the end of a cul-de-sac."

He said he fears motorists coming from the west will be reluctant to take Barnett because it will be closed after Stewart Drive, and traffic from the east will be frustrated by the construction.

"They'd need a compass, a map and a GPS just to get here," he said.

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

December 8, 2008 - There's Been A Run On Guns

2009-09-13T22:55:00.000-07:00

By Damian Mann

Mail Tribune

Gun sales have been hitting all-time highs this holiday season in Jackson County and Oregon, propelled by fears that President-elect Barack Obama's administration will enact laws clamping down on assault rifles and ammunition.

The Oregon State Police reports that on Nov. 28 — the biggest shopping day of the year known as Black Friday — there were 2,198 background checks, 25 percent higher than the previous record on the same shopping day in 2005, when 1,731 checks were conducted.

"It was unanticipated to be that high," said Marie Severson, firearms manager for the OSP.

In addition, during the month of November, 720 checks on average were conducted daily throughout the state, an increase from a year ago when 437 checks were conducted on average in the same month. About two percent of the background checks turn up disqualifying information such as felony convictions, misdemeanor assault convictions, being an illegal alien or renouncing U.S. citizenship.

Gun stores in Jackson County report brisk business as customers snap up so-called assault rifles, such as the popular AR-15, as fast as they can be put on the shelf. At the same time, the price of some weapons has climbed 30 percent or more, and ammunition has gone through the roof. Twenty rounds for the new .50-caliber Smith and Wesson revolver could set you back more than $40.

"The prices have gone up — way up on assault rifles," said Peter Schulzke, owner of Southern Oregon Pawn in Medford. He said he had six AR-15s a month ago but is sold out, though he had two AK-47s on the shelf Friday.

Gun sales at local stores spiked after the presidential election. On Obama's Web site, change.gov, he states that he would support making the expired federal assault weapons ban permanent.

Schulzke said he's heard of people who have bought AR-15s for around $700, then turned around and sold them at gun shows for $1,200 to $1,400.

A critical component of the AR-15 — known as the lower receiver — has been selling briskly, because it can be assembled with other parts to create the complete rifle at some future time.

Many customers are buying the assault rifles as an investment and shelling out the money despite a downturn in the economy.

"I think people are afraid," said Glenn Davis, who owns two AR-15s and was browsing the weapons on display at Southern Oregon Pawn Friday.

The 45-year-old Grants Pass resident said people are rushing to buy assault weapons and ammunition because they believe the Obama administration is going to enact gun laws similar to the ones passed by President Bill Clinton in 1994.

Davis and his friend, Greg Brauer, said it is important to stock up now on weapons before they are taken off the shelves.

"A bird in the hand is worth two in the bush," said 53-year-old Brauer, of Grants Pass.

Brauer said ammunition has become so expensive he is using his .22-caliber rifle rather than his .223 caliber. He said it costs about $15 for 1,000 rounds of the lower-caliber weapon, versus $20 to $30 for the higher-caliber model.

While many gun owners are worried about bans on assault weapons, Ralph Groover said Obama's got too many other problems, such as the economy and the wars.

"I'm a skeptic," said the 61-year-old Medford resident. "He's got way too much on his plate."

A Vietnam veteran, Groover called the AK-47 and most of the assault-type rifles "impractical." He said he carried an M-16 as a soldier, but doesn't understand why anyone would want a similar-type rifle.

Still, he said, "I enjoy the Second Amendment as much as anyone."

Brandon Schulzke, who works at Southern Oregon Pawn, does like the assault-type guns and had a quick response to Groover's comments: "It's fun to shoot — just like I need a big-block engine."

John Hughes, president of the Medford Rifle and Pistol Club, said he understands the fears that have stimulated gun sales recently.

However, he's concerned that in these tough economic times residents are buying the guns on credit they might not be able to afford.

"If you can afford it, that's fine," he said.

Hughes said he objects to calling weapons like the AR-15 an "assault weapon."

He said rifles, AR-15s in particular, are excellent for target practice because of their accuracy and reliability.

"They want to call it an assault rifle and it is not," said Hughes.

Gun sales typically pick up around the holidays in Oregon and increased sales should continue through the month.

"It does reach a grand crescendo by Christmas," said Marie Severson of the OSP.

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

December 4, 2008 - County Reduces Planning Positions

2009-09-13T22:51:00.000-07:00

By Damian Mann

Mail Tribune

Jackson County's planning and building staff received bad news Wednesday, when they learned of another round of layoffs

The entire department's operating hours will shrink by almost one day a week as construction slows and permit requests dry up. Besides laying off the equivalent of five full-time employees and leaving other vacant positions unfilled, the department will cut working hours for the remaining staff to 32 per week for about six months.

Septic permit requests and inspections will be turned over to the Oregon Department of Environmental Quality for processing.

Workers received the 30-day layoff notice Wednesday.

"It's heartbreaking to have to lay people off prior to the Christmas season," County Commissioner C.W. Smith said.

He noted the county's Development Services Department has seen revenues continue to decline over the past year. The department is supposed to be funded by fees collected through the building permit and planning process.

Last fiscal year, the department received an infusion of $500,000 in additional funds from the county to maintain staffing levels, but that amount is being increased to $1 million to maintain state-required staffing levels for planning and building services.

Last spring, the department cut its staff from the equivalent of 56.8 full-time workers to 43.5. The latest layoffs, along with vacancies that were left unfilled, will reduce staffing to 29. However, because the department is going to 32-hour work weeks for the remainder of the year, the equivalent number of full-time positions is actually fewer than 25.

"It's more than a 50-percent reduction in staff," said County Administrator Danny Jordan.

Jordan said the department will be open the equivalent of 3.75 days a week compared to the present 4.5, but the exact hours of operation are still being worked out.

Inspections also will be delayed by one to two days because of the cutbacks, but response times still will meet state mandates, said Jordan.

He said it is still too early to say where county residents will have to go to get permits and arrange inspections for septic systems from DEQ.

Permits were down 40 percent in November compared to the same month in 2007. In the first quarter of 2008, permits were down 30 percent compared to the first quarter of 2007, he said.

Jordan said the county didn't want to make any steeper cuts in planning and building staff, just in case the economy improves suddenly.

Other departments that depend on fees, such as the Jackson County Clerk's Office, are being reviewed for possible staff reductions in the future.

To add to the misery, a shortfall in the state budget could affect the county's community justice programs and its health and human services.

"It's just the beginning of reductions we will be making across all county services," he said. "I'm certainly not excited about what we've got to do."

Commissioner Dave Gilmour said the county tried to keep as many employees as possible in building and planning and attempted to deal with the situation through attrition.

"It's absolutely horrible," he said. "I felt terrible about it."

With income drying up, he said there just wasn't enough work for all the planning and building staff, so some layoffs were necessary.

"There was no other way to do it," he said.

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

December 4, 2008 - Gas Below $2 and Falling

2009-09-13T22:48:00.000-07:00

By Damian Mann

Mail Tribune

Motorists in most of the country have cheered as they filled up for less than $2 a gallon recently, but Medford is only just starting to join the party.

The average price for regular is $1.80 nationwide, but hovered at $2.03 in Medford on Wednesday, according to AAA. Many stations in the area are starting to post prices below $2, although others remain higher.

This is the only urban area in the state that still has an average price above $2 a gallon, leaving many motorists asking: What gives?

Elaine Frost said she wonders why most stations charge so much while Costco in Medford has posted prices as much as 40 to 50 cents lower over the past few weeks.

"I was thinking the other companies were being a bit greedy, other than Costco just taking it in the pants," said the 44-year-old Central Point woman.

When many stations were selling gas for $2.25 a gallon a couple of weeks ago, she said she found it at Costco for $1.80. Frost doesn't always shop there, however, frustrated by the 20-minute waits and the traffic on Highway 62.

She said she's just happy watching gas drop to $2 from $4.38 on July 11 — the highest price ever recorded locally.

"At $2, it's a fair price to pay," she said.

On Wednesday, Costco charged $1.79 for a gallon of regular as cars lined up to fill up.

Danelle Romain, co-executive director of the Oregon Petroleum Association, said that based on her knowledge of the industry there can be only one reason why Costco is so cheap: "It's a loss leader."

Romain, whose company represents service stations and heating oil businesses, filled up at a Costco last week for $1.71 a gallon in Portland, then went into the store and bought an exercise bike. She suspects Costco counts on many of its customers filling up on cheap gas then shopping inside.

She said gas stations and Costco all buy from the same sources, so the price should be about the same from the distributor.

A lot of independent stations in the state have been going out of business because it is so difficult to make a living out of selling gas, she said.

Romain said she doesn't know why gas is more expensive in the Medford area, though transportation and remoteness could be factors.

She pointed out that even Costco's gas is cheaper in Portland than Medford. And Eugene's average price of $1.89 is still less than Medford's, even though that city has a 5 cent-a-gallon city tax, she said.

Bob Nelson, vice president of finance and investor relations for Costco, said his company isn't using gas as a loss leader.

"The primary thing is we are willing to make less," he said. "We are not greedy."

Nelson said the company typically makes a 1 to 14 percent profit on everything it sells.

"We're just prepared to make less than all our other competitors," he said.

The savings in gas at Costco depends on what part of the country you're living in, he said. In some parts it's 3 or 4 cents, in other parts it can be as high as 40 or 50 cents, he said.

"The delivered price depends on where it comes from and the taxes," he said.

Nelson said that when gas prices were high, motorists would typically fill up at Costco for a few cents cheaper per gallon than other stations. But with prices falling, the difference often has been greater, he said.

Marie Dodds, spokeswoman for AAA, said gas stations have different philosophies and different business pressures that dictate price.

"I don't think greed plays a part in it," she said. "It depends on when a station's gas is purchased. If it was purchased last week, the price has fallen quite a bit since then."

Last week, gas sold for $2.21 a gallon in Medford.

In general, gas costs more to ship to Medford than other urban areas of the state, said Dodds. The proximity to California, which has typically some of the highest gas prices in the nation, has an effect on what local motorists pay at the pump.

The cost of gas also is dictated by corporations that provide the fuel to stations.

Some gas stations sell at lower prices but offer a convenience store that helps improve profits, said Dodds.

Overall, the price of fuel is at levels not seen for almost four years.

Oregonians last saw the average price of a gallon of regular go below $2 in February 2005, said Dodds.

In the Medford area, pump prices were $2.08 a gallon on Feb. 2, 2005, and $1.99 on Feb. 15, 2005, she said.

A representative from Colvin Oil Co., which supplies the gas to many local stations, could not be reached for comment this week.

Robin Lebovitz, a spokeswoman for Shell Oil Co., said 90 to 95 percent of the Shell stations are independently owned and operated.

She said the owners set the prices at the pump.

Louie Webb, a trucker working for Harris Transportation, unloaded more than 11,000 gallons into tanks at the Costco station Monday.

He said he delivers to all sorts of gas stations, including those at supermarkets such as Safeway.

"There's no difference in the gas now," he said, adding that there are some additives in some brands that might make a little difference. "You might as well buy it as cheap as you can."

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

October 9, 2008 - Questions Continue As Child Struggles

2009-09-13T22:43:00.000-07:00

By Damian Mann

Mail Tribune

A 6-year-old Jacksonville Elementary schoolboy who nearly drowned Tuesday in a nearby irrigation ditch remained on life support late Wednesday as his parents questioned how school officials could have let this happen.

"I told them point blank that I hold them totally responsible for my child's condition," said his father, Phillip Baehne, 61, of Central Point.

Luke Baehne is on a ventilator at Doernbecher Children's Hospital in Portland. His doctors give him a 50-50 chance of survival, his father said. The hospital lists the boy in critical condition.

"He has swelling of the brain and he went without oxygen," said Baehne. "His heart and everything stopped. He was basically dead."

Standing next to his son's bed at the hospital, Baehne said dozens of tubes and wires were attached to the boy, monitoring his health and keeping him alive.

"It's touch and go right now," he said. "If it gets worse, he will die."

He said Luke is about 4 feet 4 inches tall, weighs about 42 pounds and has autism. He is enrolled in STEPS, a life-skills program through Southern Oregon Education Service District for children with autism or severe disabilities. STEPS is operated separately from other activities at the elementary school.

Baehne described his son as active and full of curiosity. He said his son likes to run, but will usually stop if someone yells out after him.

He said Luke was fascinated with water and liked being outdoors.

"He's a toughy, and believe me he's fighting for his life right now," he said.

While events leading up to Luke's disappearance from school are still being pieced together, some details have emerged.

After a recess at Jacksonville Elementary on Tuesday, school personnel began a frantic search for Luke when they discovered he was missing sometime around 1 p.m.

Jacksonville police received a call at 1:40 p.m. that the boy was in the water.

Gail Durst, a teacher's aide, found him floating in an irrigation ditch about 125 to 150 yards from the school grounds, according to Jacksonville Police Chief David Towe.

She wasn't strong enough to pull him out of the water, but managed to call 9-1-1 as she held his head up. Durst left her phone on at the edge of the irrigation ditch.

Durst was up to her knees in the water trying to keep the boy from slipping under. "She is still pretty shook up," said Towe.

He said he jumped into the water to retrieve the boy. He estimated that a nearby culvert was almost 3 feet in diameter and the water was running just a few inches below the top.

Towe said investigators hadn't determined where Luke had entered the water or whether he had slid down the bank. He said the area where the boy was found was roughly 6 feet square or slightly larger.

Baehne praised Durst and the hospitals that took care of his son. "Gail — without her, he would have been gone already," he said.

Baehne said the school had both his home phone and an emergency number, but failed to call him when they found Luke.

Instead, school officials went to the Old Stage Road bus stop where he normally picks up Luke, and he was told about the accident at 2:45 p.m.

"They said our boy was dead," Baehne said.

A few minutes later, a policeman apologized and said Luke had been resuscitated and gave Baehne and his wife, Crystal, a ride to the hospital, Baehne said.

Medford School District Superintendent Phil Long said he didn't know why the parents weren't called.

He said investigators with both the police and school are trying to determine the sequence of events.

He said Principal Rick Snyder and another school official went to the bus stop, but Long said they didn't say Luke was dead.

"They had encouraged the family to get to the hospital," he said.

He said the school district's main concern right now is the boy and his family.

The district will be reviewing how the tragedy occurred and whether anything should be changed.

"We will sort the pieces out and see if anything could have been done or should have been done," he said.

Jacksonville Elementary officials contacted by the Mail Tribune referred all questions to the superintendent.

Within the past 10 years the elementary school has expressed concern about the Medford Irrigation Ditch and the safety of children. As a result, the portion of the ditch near the school was covered.

Long said the school district does everything it can to make sure children are safe on campus.

"Once they are off the campus, the hazards are there," he said.

ESD Superintendent Steve Boyarsky said there were four teachers' assistants and one teacher in the classroom that day. They monitor the students at all times, he said.

"They are very concerned about student safety," he said.

He said 10 to 12 employees of both Medford schools and the ESD looked for the boy.

He said there is a fence around the school with gates that make it easy for the students to come and go.

An exact timeline is still being constructed to determine when Luke went missing.

The ESD is also reviewing its protocols in keeping track of special needs students to see if anything different needs to be done, he said.

Boyarsky said some of these students are medically fragile, are wheelchair-bound or require tube feeding.

The ESD runs 23 special needs classrooms in 10 school districts throughout Southern Oregon.

Baehne said he and his wife and two grown daughters are prepared for the worst with Luke.

"If he passes on, we're going to donate his organs to other kids," he said.

He said his family wanted to express appreciation to everyone who has offered sympathy or helped out the family during this crisis.

"We want to thank everybody for their prayers and their understanding about Luke," he said.

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