HUNG JURY GETS EX-MANAGER NEW TRIAL
Heidi Wallenborn, news director
A jury of 12 people could not decide the fate of former Ridgefield city manager Randy Bombardier Jan. 31.
The trial that began Jan. 24 and ended Jan. 27 in a "hung jury" on Monday, the day deliberations began.
Five jurors voted "guilty", five voted "not guilty," and two did not want to decide, an official said.
Bombardier will receive a new trial sometime in April. If convicted, he faces a maximum penalty of one year in jail and/or a $5,000 fine.
Twelve jurors rather than six were chosen because Bombardier was a public official at the time of the alleged crime, officials said, which made the allegations more serious.
The state Attorney General's Office indicted Bombardier, 49, last year on charges of gross misconduct for the alleged improper removal of lead-based paint from the front of city hall in June 2002.
Bombardier is accused of endangering public health and safety by hiring painter Eben Drake to pressure wash, sand and scrape paint off the building without lead containment or clean-up.
Drake's workers reportedly caused "billows" of lead dust to infiltrate city hall, and thousands of toxic paint chips to be washed down a city gutter that empties into Lake River, a Class A state waterway.
Drake, 59, is charged with violating the state Water Pollution Control Act and is set for a jury trial in April. He faces a maximum of one year in jail and/or a $10,000 fine.
City hall was evacuated and closed for five weeks last May while an environmental clean-up company removed "extremely high" levels of lead dust found in the building and ventilation system.
Jon McMullen, Bombardier's attorney, filed a defense motion the day the trial began to prohibit certain items from being included in the trial.
Superior Court judge Robert Harris ruled to ban any mention that Bombardier allegedly had a prior violation of the Ridgefield Municipal Code, prior employment problems, and had accessed pornographic sites using the city's computer.
Jurors would also not hear that Bombardier was terminated because of reported witness intimidation, and that a professional witness said lead levels in city hall would have been "phenomenally high" if tested right after the painting.
Jurors were only instructed to find beyond a reasonable doubt that Bombardier is either guilty or not guilty of gross misconduct "under color of law" by intentionally not taking proper precautions to protect employees and the public when the toxic paint was removed.
"If he didn't know, he should have," said Tim Crandall, assistant state Attorney General.
Crandall said that "the buck stops" with Bombardier because he is the chief executive officer of the city. Supervising the job to make sure it was done properly was his responsibility, Crandall said.
Under oath, Bombardier said the job supervision was to have been acting public works director Fred Crippen's responsibility, and that he trusted him to report if something was being done improperly.
Crandall fired back, "You can't delegate that away. You were to do all that was reasonable and necessary to protect the life and duty of employees and citizens. You deprived another person of their lawful right and privilege."
"According to the contract and your addendum to it, you were intent on scraping and sanding [the lead paint off the building,]" said Crandall.
Defense witness Tim Thompson, mayor at the time of the paint job, said Bombardier was in charge of the city then and was "comfortable and confident" he would carry out policy.
Thompson added that Bombardier was "under pressure" to get city hall painted before the annual Fourth of July festivities.
McMullen said his client "may have been a little sloppy on this occasion."
"But Mr. Bombardier is not a Superior Court justice, he's not a painter, he relied on the painter to do the right thing and he had every right to do that," McMullen said.
City hall was "dripping chips down" under the old paint job anyway which created a public hazard, McMullen said.
"How long have chips been going down the drain?" McMullen argued. "For years. There was a seal applied to stop the environmental hazard that already existed, it was a tourniquet, a cover-up job. [Drake] didn't even take all the paint off the building."
"There were six to 20 layers of paint," he added. "Mr. Bombardier didn't know which paint had lead--nobody did. This was an over-reaction by the police. This is not the Exxon Valdez or Chernobyl. This is not a criminal case. It should have been tried in District Court."
Bombardier told jurors he was not given funds for the proposed $35,000 job to remove paint properly.
However, Thompson told them money could have been found in the budget to supplement the $20,000 already available.
Drake was paid just over $5,000.
"I relied on the painter," Bombardier said. "It was left up to him. It was his responsibility."
"I could have made a mistake," Bombardier added. "I thought it was latex peeling off an oil base. I was not aware of the contamination at that time. I didn't know how far the painter would go. I didn't know there was a problem."
EXPLOSION DISRUPTS SERVICE NEAR DAYBREAK
Heidi Wallenborn, news director
A suspected pipe bomb exploded between two service communication cross boxes about 11:30 p.m. Jan. 24 near a residence in the Daybreak Park area northwest of Battle Ground.
The bomb detonated about 75 yards from a home on the southwest corner of NE 82nd Ave. and Daybreak Rd.
Alcohol, Tobacco, Firearms and Explosives (ATF) agents said the bomb caused $30,000-$40,000 damage and disrupted telephone and DSL service.
A QWEST technician discovered the device on the morning of Jan. 25 after area residents complained about disruption. Service was restored about 11:30 a.m.
Agent Kelvin Crenshaw said it is too early in the investigation to determine if the incident is connected to an ongoing serial arson investigation mostly centered in Vancouver around communications towers.
Evidence from the scene was gathered and sent to the ATF laboratory to be processed.
Officials are asking the public for help in solving the crime.
"There is someone using a suspected destructive device in our neighborhoods, which has the potential to cause serious bodily injury or death," Crenshaw said. "ATF will continue to aggressively pursue this investigation with the Clark County Sheriff's Office and Fire Marshal."
Anyone with information is asked to call the hotline number at 1-800-ATF-BOMB (283-2662).
THREE MENINGITIS CASES REPORTED IN COUNTYHeidi Wallenborn, news director
Despite the news that three suspected cases of meningococcal meningitis were reported within four days in Clark County, health officials say it is unlikely that an outbreak is underway.
All were unrelated, and infections of the diseases are part and parcel of the cold-weather season, similar to cases of colds and flu, officials said.
The names and whereabouts of the children were not provided to media.
On Jan. 24, the County Health Department received a report of a suspected case in a 6-year-old child. The child was hospitalized and in stable condition as of Jan. 28.
On Jan. 26, a 6-week-old infant was hospitalized and reportedly improving. The child had developed a rash and fever the day before.
Then on Jan. 27, a 7-month-old child was hospitalized and medicated.
Babies with meningitis may not show the same symptoms as an older child, health officials said. Clues may include seizures, lethargy, vomiting and feeding refusal.
In older children and adults, symptoms may include a high fever, headache, a stiff neck, nausea or vomiting, light sensitivity, confusion, sleepiness and a purple spotty rash that does not disappear when pressed.
The disease is spread by saliva or mucus through sharing drinks, water bottles, eating utensils, toothbrushes, cigarettes and other activities where saliva sharing occurs, officials said.
Health Department officials worked to identify anyone who had come in close contact with the children and recommend preventative medication.
The Health Department does not recommend preventative medicine unless someone has been directly exposed to the patient.
The disease is most common in children under 5 years old, but anyone at any age can get it.
Smoking increases the risk of contracting the disease, officials said, and smoking around children increases their risk as well.
Although the number of cases this year is off to a running start with three--which is the total from all of last year--officials said area rates of meningococcal disease are decreasing from previous years.
In 2000, there were seven reported cases and three deaths. In 2001, 14 cases were reported, with two deaths. In 2002, 12 residents were infected and one died.
In 2003, the number of reported cases dropped dramatically to five, with no deaths. In 2004, there were three cases and no deaths.
Health officials attribute the decline to new, routine immunizations of the most common bacteria that causes the disease.
However, only some types of the disease can be prevented by vaccination, officials said.
The specific organism causing the majority of cases in Clark County and northwest Oregon, Neisseria meningitidis, is not prevented by vaccine, officials said.
What is meningitis?
Meningitis is an infection of the fluid in the spinal cord and surrounding the brain, usually caused by a viral or bacterial infection.
Viral meningitis is typically less severe and resolves itself without special medication, officials said.
Bacterial meningitis can be quite severe, must be treated with medication, and may result in brain damage, hearing loss, learning disability and even death.
Anyone who suspects that they or a family member has symptoms of meningococcal meningitis is urged to contact their health provider.
MOUNT ST. HELENS NOT DONE SPITTING YET
Heidi Wallenborn, news director
Two days after two U.S. Geological Survey scientists installed volcano-reading equipment in the dome of Mt. St. Helens, a blast with a force that hadn't been felt since October severely damaged it all.
Under heavy cloud cover Jan. 16, Mount St. Helens tossed rocks and spit ash and steam out a vent on the north side of the new dome for 17 minutes.
Cavities up to 3 feet in diameter were spread across the broken glacier from "ballistic fragments" of rocks, scientists said. Ash settled inside the rim and drifted east over the edge, depositing a thin layer of ash for nearly 2 miles.
Scientists said the scale of the blast was similar to an event on Oct. 1, 2004 which was witnessed worldwide in clear weather.
Since the volcano woke up in September 2004 with earthquakes caused by magma moving up and breaking old, hardened lava out of channels to reach the top, the new, fuming dome on the south side of the old one has grown by leaps and bounds.
As of Jan. 25, the "welt and dome" is 44 million cubic yards and three-tenths of one mile long. That is about one and one-half times the size of the Wells Fargo building in Portland--which computes to 80 stories and 1,075,489 square feet, said Noel Sanchez with the U.S. Geological Survey.
The welt is a large volcanic bulge that resembles a whale breaching. Scientists say it is breaking apart in chunks and cracks as it grows up and south by about 50 dump truck loads per second. The length of the welt is constrained by the old dome to the north and the crater wall to the south.
Despite it's seeming rapid growth and size, the new dome is still only one-third the size of the old dome to the north, which took six years to build.
The activity on Jan. 16 took scientists by surprise as two of them were moving around on the north "Opus" snow field about 100 yards from the explosion barely 48 hours before.
A video camera/gas sensing station and a three-legged "tilt-leg spyder" Global Positioning System with an accelerometer were placed in the crater on Jan. 14.
The spyder was delivered via cable and a helicopter onto the north face of the new dome to "surf" and transmit growth data.
A "suitcase sized" camera/gas sensing station was placed between the north face and the old dome. Photos show a scientist bending on one knee in the snowfield near the north face, taking a photo.
Before the mountain shook the instruments off on Jan. 16, the spider logged an upward growth of 26 feet, nearly the same rate as in November.
Scientists found the remains of the video camera/gas sampling station in the ash- covered north snow field later in the week.
The camera was missing, the wooden base and fiberglass housing were broken, the gas intake tube was disconnected and there were three holes in its roof.
The lost equipment will likely not be replaced soon, scientists said.
No one is sure why ash and rocks exploded from the vent, which marked a change from the steady, lava oozing eruption that has been underway since mid-October.
THEFT STEALS BRUSH PRAIRIE WOMAN'S IDENTITY
Heidi Wallenborn, news director
"People look at me like I'm a thief. It's hard to hold my head up."
Sheryl K. of Brush Prairie was the victim of identity theft in June 2004.
Although the woman who stole Sheryl's checks and ruined her credit was caught and is currently in prison, Sheryl is still feeling the ramifications of that crime six months later. Problems could linger for at least three years.
On June 17, Sheryl ordered a new batch of checks through the Orchards branch of an area bank. She was told the checks would arrive within 10 business days.
On July 1, Sheryl visited the branch and asked about her checks. When told they hadn't arrived yet, the teller ordered another set which was to arrive the following week, Sheryl said.
On July 7, Sheryl again went to the branch to ask about her checks. Neither the new nor old sets had come in. Sheryl asked what her balance was.
Not only was the account off by more than $500, but checks had cleared with numbers higher than what Sheryl had in her possession.
The teller immediately shut down the account and told Sheryl there had been a break-in a couple weeks earlier at the lock-box style mailbox located about 100 yards from the bank.
The nightmare begins
Sheryl filed a report with the Clark County Sheriff's Office east precinct on July 7.
Deputy Tim Gosh contacted the bank branch manager to confirm Sheryl's story.
The manager told the deputy the theft took place after hours on June 26.
Gosh advised Sheryl to contact credit card companies and check fraud agencies and begin protecting herself, Sheryl said.
Sheryl went immediately to a few stores to alert them and found that bad checks had already been written.
The stolen checks had Sheryl's home address and telephone number on them. Over the next week, she began receiving phone calls from angry people wanting their money from bad checks written at garage sales and businesses.
Sheryl also discovered someone tried to purchase a used vehicle from a private party using one of her stolen checks when they called to tell her they had reconsidered the price.
One man told Sheryl that he drove by her home three times looking for her so he could collect almost $200 she owed. Neighbors also told her about other strange vehicles parking near or driving by her home during the day when she was at work.
Sheryl was able to get descriptions of the check writer from some victims.
Sheryl noticed the thief seemed to target garage sales in the Hazel Dell area. So she made nearly one hundred $500 reward posters with the physical description of the suspected thief, and spent 11 hours hand distributing them to homes over the weekend of July 30-31.
She hit pay dirt.
On July 31, an alert homeowner hosting a garage sale recognized a female matching the poster's description who wrote a check to him. She was accompanied by another woman. The homeowner followed them and called the police.
Heather Marsh, 32, 103 NW 102 St., Hazel Dell, was arrested when officers found fake identification with Sheryl's name and stolen checks in her possession.
Since then, Marsh pleaded guilty in Clark County Superior Court and is serving nearly four years in prison. Court records show Marsh has a history of convictions of theft, burglary, use of methamphetamine, possessing stolen property and four counts of forgery.
The nightmare continues
Two other people were victims of that break-in, Sheryl said, with checks stolen.
Since then, the bank has switched to using a secure post office box, bank officials said.
But nearly every day, Sheryl runs into the effects of her identity being stolen.
A trip to a department store before Christmas ended in humiliation. She applied for a credit card to get an immediate 20 percent off her purchase. Not only was she denied credit, the store refused to take her check. Luckily, she had enough cash with her, she said.
"I've never had bad credit in my life," she said. "I've had excellent credit and was never late on anything."
With her husband, Sheryl owns a construction company and is well-established in business.
For every bad check written, Sheryl had to sign an affidavit that she was not responsible. She also had to file a complaint of identity theft with the Federal Trade Commission.
"For the next three years, I can be tagged," she said. "I can't even refinance my home."
In several stores, when a customer writes a check, a national SCAN report checks the system for fraud and bad credit.
Every time her name pops up and the store refuses her check, she goes home, makes a phone call to one of three credit bureaus and tells them the name of the store and the check number.
Those credit bureaus have resources that assist victims of identity theft.
But to prove she is a victim and not a "deadbeat," Sheryl has to keep with her the police reports made by the bank and her, her identity theft affidavit and creditor documentation showing she didn't make those bogus transactions.
"This has changed my life," Sheryl said, "through no fault of my own. It has affected my personal life, my marriage and my business. I have spent thousands of hours over the last months trying to take care of this problem."
"This whole thing has been a nightmare," Sheryl said. "It seems like it will never end."
PLANS SET TO HONOR DECEASED CLASSMATEMarcus Brotherton, staff reporter
When seniors at CAM High School in Battle Ground are asked about their former classmate, Stephen Bonesteele, stories pour out easily.
Bonesteele died Dec. 15, 2003 during his junior year. He had battled leukemia since he was 5. He would have graduated this spring.
To pay tribute to their friend, the senior class has changed the way they will celebrate graduation this year.
Instead of a lavish dusk-to-dawn party as has been done in years past, the class of 2005 will band together at a smaller celebration in June.
Students plan to donate the money saved by going smaller--about $1,000--to leukemia research in honor of Bonesteele.
Senior parties are non-school events held after graduation ceremonies occur. Students say the celebrations are often the apex of the year's festivities.
Rivalries are birthed as each class tries to out-do the year before, say students. Going on cruises, giving away elaborate door prizes, and holding parties at several rented locations during one night are not uncommon. Fundraisers are held throughout a school year to defray costs.
Teacher Shirley Bjur attended the meeting last fall where a decision was made to shift directions.
"This year's class wanted to keep it simple," Bjur said. "They just wanted to hang out with their friends and eat snacks. They also wanted to honor Stephen. That was about it."
Parents organize specifics of each year's event and won't reveal exactly what this year's party will look like. But parent Becki Bedrosian said CAM's party will still be a classy affair, just uncomplicated.
"I was really proud of the students when they made this decision," Bedrosian said. "The kids thought this up by themselves. It says something about what's important to them."
Seniors say they won't miss a thing.
"We just wanted to do something for Stephen," said senior Cody Eldred, 17. "This was his senior year, too."
Students remember their friend
CAM is an alternative public school in the Battle Ground School District with a senior class this year of about 35 students.
Students say they bond quickly because of the smaller classes. They also become friends during non-school events the same as at any school.
Senior Kyle Cryblskey, 18, became fast friends with Bonesteele while skateboarding together their sophomore year.
"When I met Stephen he was in remission," Cryblskey said. "I guess he had been bald, but right then he had all this curly blond hair. I didn't believe he had cancer when he told me--he just never let it get the best of him."
Eldred played community soccer with Bonesteele when they were middle school students.
"We were the slow runners on the team," Eldred said. "Me, because I'm sort of a slacker. Him, because he had to work harder because he was sick. He never wanted people to know it, though. He was always positive, always so full of life."
Senior Anna Webster, 17, was Bonesteele's neighbor for a time and also attended youth group with him at St. John Lutheran Church. When Bonesteele spent much of his last year at a children's hospital in Seattle, Webster phoned him regularly.
"It was cool to see how his faith developed, even while he was going through such a tough time," Webster said. "Stephen always kept his attitude up. His life verse was Jeremiah 29:11--For I know the plans I have for you, declares the Lord. Stephen had this hope. I consider him my hero."
CONTRIBUTIONS WELCOME IN HONOR OF BG YOUTH
The senior class CAM High School will have a smaller graduation party this year and donate extra funds raised to leukemia research in honor of classmate Stephen Bonesteele who died of the disease his junior year.
Direct contributions to the Leukemia & Lymphoma Society are welcome from community members. Donations are tax-deductible.
Make checks out to: Leukemia & Lymphoma Society, "in memory of Stephen Bonesteele" on memo line. Send checks to the Society at 9320 SW Barber Blvd., suite 140, Portland, OR 97219.
For information about donating or for resources about any blood cancers, contact Society patient services manager Sue Sumpter, (800) 466-6572 or (503) 245-9866, ext. 14.
DISTRICT COURT JUDGE APPLICATIONS ACCEPTED
Alice Perry Linker, staff reporter
Clark County will add a sixth district court judge this year to help with an increasing work load.
County Administrator Bill Barron said County commissioners approved an addition to the 2005 budget to pay for the new position after district court judges requested help with their caseloads.
The salary is $118,000 annually.
Applications must be submitted by Mon., Feb. 28. They may be picked up at the commissioners office, 1300 Franklin St., Room 681, Vancouver.
After applications are received, the Clark County Bar Association will consider applicants and rank candidates.
The Bar Association will then submit the list of candidates to a County committee made up of Barron, retired Superior Court Judges James Ladley and John Skimas, and attorney Patricia Pabst.
The committee will interview applicants and recommend three to five nominees to County commissioners who will choose the judge.
"The District Court is a key element of our community's law and justice system," Barron said. "We believe that this is a comprehensive process that will result in excellent candidates for the new judicial position."
Barron said that no new judges have been added to the court since the mid-1980s.
District Court judges serve four-year terms. The successful applicant must run for a full term in the election of September 2006.
District Court judges hear gross misdemeanors and lesser offenses.
Current District Court judges are Darvin Zimmerman, Vernon Schreiber, Rich Melnick, Scott Anders and Kenneth Eisland.
NEW RESERVOIR TO SERVE HOCKINSONAlice Perry Linker, staff reporter
A 700,000-gallon water reservoir to serve about 900 homes is to be built near Hockinson this year.
Clark Public Utilities' spokesperson Lena Wittler said the above-ground reservoir is designed to serve a growing population.
"It should take care of the next five years," she said.
Construction is expected to begin in late spring and be complete in less than two years. The tank will sit on 10.25 acres of privately owned forested land on NE 139th St.
A private gravel road and driveway will be built.
The circular tank will stand about 35 feet high at its tallest point. A one-story, concrete booster station will be about 15 feet high.
The utility has 11 reservoirs with a capacity greater than 500,000 gallons and 25 smaller reservoirs. Seventeen of those serve north Clark County, Hockinson and Venersborg.
The cost of the reservoir is estimated at $375,000 to $700,000 "depending on size and site work conditions," Wittler said.
C-TRAN STUDIES CHANGES TO SERVICE BOUNDARY
C-TRAN officials may reduce the area served by the Clark County bus system, and simultaneously reduce both the area taxed for bus purposes and area where voters have a say on C-TRAN issues, including taxes.
The decision to develop a new "Public Transportation Benefit Area" was made at a Jan. 11 meeting of the C-TRAN board.
Officials voted Jan. 22 on a proposed service boundary area which includes Vancouver and the Vancouver urban growth boundary, and the cities Battle Ground, Ridgefield, La Center, Yacolt, Camas and Washougal, but not the areas in between.
The city limits of Battle Ground, Ridgefield, La Center and Yacolt would be connected to Vancouver via "non-service" transportation corridors. This means buses traveling such routes would operate as express buses, and passengers would not be able to board or disembark between cities.
In addition, C-VAN and para-transit service would end for residents outside the service boundary.
The Camas-Washougal area is contiguous to the Vancouver urban growth boundary.
The C-TRAN board created a Public Transportation Improvement Conference (PTIC) to study the service boundary issues. Membership of the Conference is the same as the C-TRAN board except each city has just one vote regardless of the number of representatives that city has on the board. All three county commissioners are members of both the C-TRAN board and the Conference group, giving the county three votes.
The Conference has asked each city to decide whether it wishes to be included in the service area.
The Conference is scheduled to meet Tues., Feb. 15, 5:15 p.m., at the C-TRAN administrative office to consider the decisions from each city on inclusion in the service area.
The Conference will then hold a public hearing on the new service area plan on Tues., March 22, 7 p.m., at a location yet to be determined.
According to C-TRAN spokesman Scott Patterson, the Conference could vote on the boundary after the public hearing. Then, said Patterson, the Clark County commissioners could veto the whole plan and cities that had opted to be included could opt out.
Voters rejected a tax increase plan in the November 2004 general election that would have increased the sales tax by three-tenths of one percent to stabilize C-TRAN operations.
Patterson said the C-TRAN board will decide later this year whether to ask voters a second time to approve a tax increase.
If the new service boundary plan is adopted, only voters in the incorporated cities plus the Vancouver urban growth boundary would vote on the added tax. Residents outside these areas would not vote, and taxes would be collected on in-city sales only.
The three-tenths of one percent tax rejected in 2004 would have raised about $13 million annually for C-TRAN. All registered voters countywide were eligible to cast ballots on that issue.
Patterson said officials are uncertain how much money would be raised annually with the revised service and taxing boundary.
New area responds to vote pattern
Patterson said urban areas responded more favorably than rural residents to the tax increase plan in the November 2004 election.
While the new tax gained voter approval only in some precincts in downtown Vancouver, it failed by more narrow margins inside the limits of incorporated cities than in more rural areas.
For example, voters in four precincts inside the Battle Ground city limits voted against the measure with 53-60 percent "no" votes, while voters just outside the city voted against the tax 61-67 percent.
Voters in Ridgefield opposed by tax measure with a 54 percent "no" vote while the "no" votes just outside the Ridgefield city limits ranged from 62 percent to 68 percent.
Patterson said the service boundary reduction is one step taken to improve C-TRAN's financial situation.
Other actions are a fare increase, departmental realignment, and a freeze on management salaries for 2005.
More information is available from Patterson, 696-4494.
UTILITY PUSHES BACK AGAINST KIEWIT
Officials of Cowlitz Public Utility District have told the contractor working to rebuild its Swift No. 2 hydroelectric project to fulfill original contract terms.
Officials of Kiewit Pacific of Vancouver told the Utility that it cannot meet the cost or complete date in rebuilding the project.
"Kiewit Pacific has proposed changes for the work under the contract it signed with the District that would add considerably to the costs and time for the Swift reconstruction project," said Utility general manager Brian Skeahan. "Based on input from some very knowledgeable and experience experts in construction of this type, we have taken a position that there is a contract in place, it was accepted in good faith, and we expect Kiewit Pacific to perform according to it."
"Our responsibility is to our customers, and just as with our insurance coverage, we will do what is necessary to protect their interests," added Skeahan.
The Cowlitz Utility owns the Swift No. 2 project that was damaged in April 2002 when a canal embankment failed and water, soil and rock inundated SR-503 Spur and the powerhouse and tailrace.
Kiewit Pacific was awarded the contract on July 6, 2004 which calls for the construction of a concrete-lined canal inside the banks of the existing power canal. Once built, the lined portion of the canal will be about one mile long and end at the existing intake structure which is located across the state highway from the powerhouse.
Kiewit Pacific began excavating and rebuilding the power canal embankment in August 2004 and has completed sub-surface grouting of cavities in the forebay area just above the location of the canal embankment failure, according to Utility spokesman Dave Andrew.
Based on the contract, the canal work is scheduled to be completed by July 2005 in preparation for the Utility to restart Swift No. 2 by the end of 2005.
Andrew said Kiewit Pacific cited several factors, including periods of heavy rain in August and September, quantities of work to be performed, site conditions and designs as the primary reasons it is seeking cost additions and a schedule extension.
Utility staff has met with construction, legal and hydroelectic project consultants to discuss the Kiewit proposal.
"We are aware of the factors including weather conditions that Kiewit Pacific is emphasizing as a basis for increased costs and delay," said Skeehan, "but those factors must be handled within the terms of the existing contract."
Washington Group International of Bellevue, the company that provides engineering, construction and management services, is managing the Swift No. 2 reconstruction project for the Utility. The law firm of Cable Huston Benedict Haagensen & Lloyd of Portland provides legal counsel for the Utility on matters related to the Swift project.
"Kiewit has indicated that there will be a delay in the canal contract work that will affect the return of Swift No. 2 to commercial operation," said Skeahan. "The PUD is talking with its engineers and consultants to identify any improvements in the schedule that might be effective to reduce the potential for delays."
"Most important to us, the contract has provisions to protect the interests of Cowlitz PUD customers," said Skeahan. "While we hope not to have to invoke these provisions, we will if necessary. We don't want this to end up in court, and we will be fair with any of the contractors when legitimate issues arise."
Other work progressing
The power canal work is one phase of the Swift No. 2 reconstruction project.
"We are happy to report that all phases of reconstruction are progressing as planned," said Skeahan.
Construction work to rebuild the project began in April 2004 with excavation work in the tailrace. Tapani Underground of Battle Ground spent most of that month removing about 120,000 cubic yards of rock and soil from the tailrace.
Mechanical and electrical repair work in the powerhouse also started in spring 2004, performed by VA Tech of North Carolina. Both generation units were lifted from their housings and dismantled for repair. Andrew said that work is expected to be completed by mid-2005.
Henkels and McCoy of Portland is rebuilding the switchyard which is adjacent to the powerhouse. The switchyard work is nearly completed and includes repairing all structures and foundations damaged as a result of the canal failure and the installation of two new high voltage transformers.
Natt McDougall Company of Portland is building a new Surge Arresting Structure just east of the intake structure. The Surge Arresting Structure will control water surges that could occur in the event of an unexpected shutdown of the project.
UTILITY HIKES LA CENTER SEWER RATES
Officials say higher rates needed to service debt
Bill Myers, staff reporter
To eliminate red ink from the La Center sewer system, Clark Public Utilities commissioners voted unanimously Jan. 25 to hike monthly service rates effective Feb. 1.
Residential rates were increased 30 percent, from $26.89 to $35 monthly.
Rates for seniors ages 62 and up with annual incomes of less than $24,000 climbed from $22.25 to $26.
Commissioners increased system development (hook-up) charges from $4,320 to $5,000.
With the new rates and 50 new hook-up charges annually, utility officials project an annual surplus on the La Center system at $24,000. The surplus hedges against the possibility of having fewer than 50 new connections in a year.
In recent months, utility officials have called for rate hikes to service more than $5 million of debt that paid for construction of a new, higher capacity and more efficient treatment plant.
A rate increase in March 2004 took monthly residential rates from $22.50 to $26.89, and more than doubled hook-up charges from $2,000 to $4,320.
Fewer new connections in 2004, combined with higher than expected construction costs and a smaller-than-expected low interest loan from the state's Public Works Trust Fund, combined to create a revenue shortfall of $174,000 in 2004.
The utility, with city council consent, took over operation of the city's treatment plant in 1992. Upgrades at the plant were started in 1999. The system services about 750 residential and commercial customers.
The decision to increase rates and hook-up fees came on the morning following a sparsely-attended public meeting hosted by the utility and held in La Center.
The meeting was attended by La Center mayor Jim Irish, two city staff members and a few citizens.
At the meeting, utility finance director Richard Dyer said utility rules do not allow one class of customer to subsidize another class.
Dyer said the non-subsidy principle caused recent revisions of a formula that determines equivalent residential units (ERUs) of commercial customers. Revisions resulted in higher monthly rates starting in January for La Center businesses.
Doug Quinn, director of water services for the utility, said recent surveys of sewer use indicated that a La Center card room was releasing 101 ERUs but being charged for only 27.
The sewer rate was adjusted upward for the card room and utility officials advised the casino manager to look for leaks in the system.
"This is an example where residential users were subsidizing a business user," said utility commissioner Nancy Barnes.
A utility rule also prevents the utility from building cash reserves by collecting requirements for future needs in advance, said Dyer.
Dyer said possible alternatives to higher rates are for the city to make a working capital contribution to the system, reduce debt on the system, or acquire the system.
Utility officials say the net asset value of the system is $6.4 million, with system debt at $5.4 million.
After the vote to increase rates, commission president Byron Hanke said it's never easy to increase rates, but it is sometimes necessary. "In this case, there are several reasons why rates needed to be increased," said Hanke.
La Center city council members voted Jan. 12 to authorize a study of alternative solutions by a financial consultant.
City leaders plan to hold a workshop during the regular city council meeting Wed., Feb. 9, to weigh options.
PRAIRIE THIRD IN JAZZ FESTIVAL
The Prairie High School jazz band, under the direction of Dave Williams, finished third in the AAAA division of the 43rd annual Clark College jazz festival held Jan. 27-29 in the remodeled Gaiser Hall on the Clark College campus.
Prairie pianist Alex Hudson walked away with an outstanding soloist award.
Prairie finished behind Roosevelt High School of Seattle which won the AAAA division and the festival's sweepstakes award. Mountlake Terrace High School was second.
Roosevelt High School also qualified a band in the AAA competition and finished third.
Battle Ground High School finished third in the AAA vocal jazz competition Jan. 27.
Other area groups competing but not qualifying for the finals were the Woodland High School vocal jazz group and jazz band, Prairie High School vocal jazz group and AA jazz band, and the Battle Ground High School AAA and AAAA jazz bands.
The Garfield High School jazz band from Seattle entertained as the 2004 sweepstakes band.
In the last 15 years, Roosevelt High School has won the sweepstakes award six times and Garfield four times. Other than Newport High School in 2001, no school other than Roosevelt and Garfield has won the sweepstakes award in the last seven years.
The Prairie jazz band earned a gold rating in a festival at Central Washington University last month, when outstanding musician awards went to Tim Rice, Jason Randall, Tom Matson, Caroline Chaparro, Kevin Chang and Alex Hudson.
The Prairie band will travel to Hawaii April 1-7, and compete in the Mt. Hood Jazz Festival this spring.
OBITS:RUBY ESTEB
Ruby Irene (Sproul) Esteb, 90, died Jan. 28, 2005 in Portland.
Esteb was born March 15, 1914 in Battle Ground, and lived in Washington her entire life, last at Battle Ground. She always lived within 100 miles of her place of birth.
Esteb attended school at Meadow Glade Adventist School in Meadow Glade, graduating in 1932.
Esteb was a life-long member of the Seventh-day Adventist Church. She played the piano for the Amboy church for many years and performed numerous charitable activities. She sold Avon to neighbors for years, not necessarily for gain but for a good excuse to come calling. She worked as a nurse for 10 years.
Esteb was a good pinochle player. One of her greatest delights was surprising opponents by trumping a hand. She was surrounded by family throughout her life. Her family was her life.
Esteb was preceded in death by her husband, Tom Esteb, in 1981. Her younger brother died shortly after birth. Survivors include sons Tom Esteb of Brush Prairie, Dennis Esteb, Orville Esteb and Skip Esteb, all of Battle Ground, and Jerry Esteb of Vancouver, daughter Deanna Richardson of Kelso, caregiver and niece Verona Esteb, 14 grandchildren, 21 great-grandchildren and five great-great-grandchildren.
Services will be held Wed., Feb. 2, 11 a.m., at Layne's Funeral Home chapel, 16 NE Clark Ave., Battle Ground, with Layne's Funeral Home in charge
of arrangements.
ELMA PIETILA
Elma Lampi (Kemppainen) Pietila, 93, died Jan. 28, 2005 in Brush Prairie.
Pietila was born June 14, 1911 in Butte, MT, and lived in Clark County for 63 years, last three months at Brush Prairie.
Pietila was a member of the Hockinson Community Church and U.F.K.B. & S. Lodge. She enjoyed reading, cooking, listening to music and dancing. She loved her great-grandchildren.
Pietila was preceded in death by her husband, Waino Pietila, in 1982. Survivors include son Marvin Pietila of Brush Prairie, granddaughter Connie Keen of Brush Prairie, and grandchildren Anna Keen and Justin Packer of Brush Prairie.
Memorial services will be held Thurs., Feb. 3, 2 p.m., at Layne's Funeral Home Chapel, 16 NE Clark Ave., Battle Ground, with Layne's Funeral Home in charge of arrangements.