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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Sept. 20, 2016)
3A THE DAILY ASTORIAN • TUESDAY, SEPTEMBER 20, 2016 Oregon orders woman spoon-fed despite advance directive Husband claims state is ignoring wife’s wishes Associated Press ASHLAND — Oregon oficials are requiring a nurs- ing facility to spoon-feed a woman despite her making clear that measures should not be taken to prolong her life. When former librarian Nora Harris was diagnosed with early onset Alzheimer’s disease in 2009, she and her husband hired an attorney to create an advance directive, a legal document used to guide medical care in case some- one becomes incapacitated. Harris’ advance directive spe- ciically addressed “tube” or intravenous feeding. She is now unable to com- municate, and a judge says the facility must help her eat. Her husband says the state is ignoring his wife’s wishes, the Mail Tribune reported. He went to court after he found out Fern Gardens, a mem- ory care facility designed for patients with Alzheimer’s, had been spoon-feeding his wife. Jackson County Circuit Judge Patricia Crain said she could not order the nurs- ing home to stop spoon-feed- ing Nora because the state ombudsman’s ofice said not helping her eat would vio- late state law. An attorney who represented the ofice noted that Oregon law does not allow guardians to give directions to withhold food — only artiicial nutrition and hydration. “It’s not a happy decision for me,” Crain told Bill Har- ris and his daughter during a court hearing. “From what you describe of your wife and your mom, she would hate this.” Bill Harris lost July 13 but declined to challenge the judge’s decision. Harris doesn’t think his wife will live the 18 months to three years the court battle could take. Oregon was the irst U.S. state to allow doctors to help terminally ill patients end their lives. But people with dementia or Alzheimer’s dis- ease are ineligible to request medication to end their lives because the illnesses impair decision-making. Eric Foster, an attorney appointed by the court to represent Nora Harris, said in court documents that the advanced directive did not explicitly say she did not want help eating. “The best evidence of whether Mrs. Harris should be provided with food assistance is her current desire to eat,” Foster wrote. Nonproit appeals Cannon Beach dune-grading permit Public hearing will be Thursday By LYRA FONTAINE The Daily Astorian CANNON BEACH — Cannon Beach was “sloppy” and “vague” when it issued a dune-grading permit to the Breakers Point Homeowners Association, according to Ore- gon Coast Alliance director Cameron La Follette. In August, the alliance iled an administrative appeal to the city’s decision to issue the per- mit, which was designed to remove windblown sand. A public hearing on the appeal will be heard Thurs- day before the Planning Commission. In July, the city approved an application for remedial dune grading to remove sand building up on lawns and the irrigation system. In iling her appeal to the city’s approval, La Follette said she would like the Plan- ning Commission to “get answers from the city and direct the city to make the per- mit more speciic.” “Because the shoreline is always moving, changing and is utterly dynamic, it’s import- ant that permits be speciic and The Daily Astorian/File Photo A dune-grading permit issued to Breakers Point is being challenged. sensitive to community val- ues,” La Follette said. Though Oregon Coast Alli- ance does not oppose remedial dune grading, the group is con- cerned that the sand removal permit could be construed as an “open-ended permit allow- ing for a great deal of sand removal.” The nonproit stated that the application did not include a time frame, proof of sand inundation as required by zon- ing ordinance, an estimate of amounts to be graded and the project’s potential impact on the Ecola Creek estuary. “It is incumbent on the appli- cant to be direct and speciic, and incumbent on city adminis- tration to be speciic,” La Fol- lette said. “It is not appropriate for Cannon Beach or any other city to issue a permit that is vague in so many ways.” According to the permit approval, the sand will be dis- posed on an eroding section of the Ecola Creek shoreline near the southwest corner of the property. Conditions include that all areas left bare of vege- tation should be stabilized and revegetated. The proposal is not expected to negatively affect adjacent properties. Remedial dune grading is Astoria has emergency plan to protect water line Temporary step until larger project approved By DERRICK DePLEDGE The Daily Astorian The city will stockpile rip- rap near the main water line off Pipeline Road as an emergency precaution against damage from another winter storm that could threaten the water supply. A washout happened near the water line during win- ter storms last December. The severe weather prompted Gov. Kate Brown to declare a state of emergency in several coun- ties and President Barack Obama to issue a federal disas- ter declaration. Federal and state money will inance a bank stabilization project off Pipeline Road near the water line that moves drink- ing water from the Bear Creek reservoir to Astoria. The U.S. Army Corps of Engineers did not sign off on the design for the project, how- ever, citing concerns from the National Marine Fisheries Ser- vice about protecting habitat at a creek. The city is working with federal authorities on alter- natives, but the project will not be completed for several months, potentially leaving the water line vulnerable during the winter. The city will stockpile rip- rap off Pipeline Road and permitted to clear sand inundat- ing houses, commercial build- ings and associated improve- ments. Sand may be graded up to 35 feet from the build- ing’s foundation, subject to conditions. Earlier this month, the City Council approved a separate conditional use dune-grading permit for Breakers Point. The association’s permit allows for grading 1.42 acres of about 13,700 cubic yards of sand from dunes west of the condo- miniums. Before grading starts, the permit must be approved by the Oregon Parks and Recre- ation Department. T HE F AMILY OF H UGH J. M ASON S R . monitor the water line after heavy rains to determine if emergency repairs are neces- sary. Any riprap placed at the creek in an emergency would be removed during the inal project. Jeff Harrington, the city engineer, said the stockpile would allow crews to “be pre- pared to save our water line.” The City Council voted 3-0 Monday night to award a $44,837 contract to Big River Construction to handle the work. wishes to express their heart-felt gratitude for all of the love and support received during Hugh’s brief illness and subsequent passing. We very much appreciate how CMH medical professionals, friends, and extended family coordinated to honor Hugh’s fi nal wishes. The celebration of life was such a beautiful tribute to him and each of you a blessing to all of us. God Bless , Bonnie Mason and Family M ore than just paints, stains and janitorial supplies! Pool, Spa & Fountain T a co Feed Packing Materials Shela’s Fam ous Tacos! 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