Seffinger says committee sidestepped public process on proposed bike trail in Lithia Park ; city attorney counters no violation occurred

By Damian Mann for Ashland.news

Former Ashland city Councilor Stefani Seffinger has filed an ethics complaint with the city and state against the Trails Advisory Committee (TAC) for its recent vote recommending a proposed beginner bike trail on the east, uphill side of Lithia Park.

“They knew they were doing something that is against the rules,” said Seffinger, a Trails Committee member who objected to the Nov. 19 vote.

The city on Monday issued a 50-page response to Seffinger’s complaint that rejects her contention that the vote violated public meeting law. The city response has been forwarded to the Oregon Government Ethics Commission.

Seffinger’s complaint asserts the Trails Advisory Committee, an advisory group to the Ashland Parks and Recreation Commission, unlawfully recommended the proposed Dormouse Trail, which proposes an uphill and downhill loop for beginners that connects Glenview Street to the unpaved Pioneer Street extension on the uphill side of Lithia Park.

The TAC voted on Nov. 19 to recommend the new trail, which features a total of 1 mile of track and was first proposed on Sept. 17. If built, it would be the first designated bike trail through the park and the first directly connecting the network of mountain bike trails in the watershed to the downtown area.

On the TAC agenda the Dormouse Trail was listed as “informational.” Seffinger’s complaint contends the vote to recommend it to the Parks Commission violates Oregon Public Meetings Law, specifically ORS 192.610–192.690.  Ashland Parks and Recreation staff recommended prior to the vote that given the location and concerns about cycling on park trails that a public meeting and comment period should be held before the trails committee made its recommendation.

The agenda packet reviewed by the Trails Committee reads, “Staff is recommending that this proposal, given its location and documented concerns about cycling on Lithia Park’s trails, should have a public meeting and comment period if this proposal was to be recommended by the TAC prior to being presented to the Park Commission.”

The Oregon Government Ethics Commission on Monday confirmed that the complaint had been received, though it hasn’t been reviewed.

City Attorney Johann Pietila issued a 50-page response to Seffinger’s complaint on Monday that pointed out that the Trails Committee plays an advisory role to the Parks Commission.  “The fact that the agenda designated the item as ‘information’ did not preclude the committee from making advisory recommendations following discussion, particularly where the committee’s sole statutory function is to make recommendations to the APRC (Ashland Parks and Recreation Commission),” the response read.

Pietilla wrote that the recommendation is one step in a lengthy process that will include staff review, interagency coordination, public outreach and formal Parks Commission consideration with public testimony.

During the TAC meeting no member of the public requested to speak on the Dormouse proposal, according to the Pietila’s response.

Seffinger said the agenda item didn’t specify that the trail would traverse Lithia Park, which she said is an important distinction for Ashland residents.

Not getting public feedback early in such a significant project for Lithia Park could also hurt the long-term chances of getting it approved by the Parks Commission, Seffinger said.

“It is going to make it more difficult for them,” she said.

Seffinger said the first question that needs to be asked is whether a new trail is even appropriate in Lithia Park. She said there could be conflicts between mountain bikers and pedestrians, many of them elderly.

“It is used by folks that would be more handicapped,” she said. “It will cross pedestrian trails that are there now.”  

Seffinger said the new trail, which is estimated to cost $30,000, has not been budgeted yet by the parks commission.

“There is not the funding at this point,” Seffinger said.

Given the budget squeeze the parks department faces, Seffinger said she wonders if the parks department could even undertake the project.

“They’re taking on too much,” she said.

The new trail, according to the description in the agenda, would connect to the trailhead near the city quarry and to popular mountain bike trails such as BTI, Jabberwocky and Wasabi.

The new downhill trail would be machine built, and the narrower uphill trail would be hand built.  

The approximate $30,000 cost would come out of the APRC capital improvement budget for trails.

What is proposed to be named the Dormouse Trail is proposed by the Rogue Valley Mountain Bike Association and authored by Justin Adams, chair of the Ashland Trails Committee.

Other input and editing of the proposal are provided by Trails Committee members and other stakeholders.
Cott could not be reached for comment on Tuesday.

Potential concerns about erosion, safety impacts, effects on other user groups, and the availability of other routes were “not meaningfully considered,” Seffinger wrote.

“The committee’s discussion and actions strongly suggested a predetermined outcome rather than an open public process,” she stated.

Seffinger urged a number of actions to correct the correct the “violation of public meeting law,” including a pause on all action on Dormouse, conducting an independent legal review, invalidating the vote, establishing a lawful and more transparent trail-planning process and providing a written response outlining corrective steps to ensure compliance with Oregon law.

Councilor Eric Hansen, a mountain biker and Trails Advisory Committee liaison, said he didn’t think the complaint by Seffinger was warranted, pointing out that the City Council also provides head nods to push forward proposals for further review.

“It was a vote to make a recommendation,” he said, while saying he honors Seffinger’s opinion. “The complaint seems far afield. I don’t understand it.”

Hansen said the trail would circle around an existing pedestrian trail and wouldn’t require crossing bridges or entering into the main Lithia Park area. He said the project would likely improve an existing pedestrian trail on the uphill.

He said the bike trail is an attempt to pump economic vitality into Ashland and locate it close to the Plaza while offering relatively gentle slopes suitable for beginning mountain bikers.

“My 8-year-old will be able to climb this trail,” he said.

He said that because of the gentle slopes it likely wouldn’t need an environmental assessment.

There is significant potential financial support for a project like this and about $150,000 was invested in the recently opened mile-long jump track near Mount Ashland, according to Hansen.

“We can raise the money,” Hansen said.

Reach freelance writer Damian Mann at dmannnews@gmail.com.

Dec. 19: Corrected to note that Justin Adams was the sole author of the trail proposal