VIPS WANT TO BLOCK CASINO PLAN

Foes to tribal gaming near La Center now include two former county commissioners

Bill Myers, staff reporter

The ranks of those opposing a Cowlitz Indian Tribe casino proposal have swelled.

Prominent Vancouver business man Edward Lynch announced June 16 that he will head a group called "Citizens Against Reservation Shopping" or "CARS."

"Reservation shopping" is a term used to describe the selection of reservation land by a native American tribe for economic benefit rather than choosing land once occupied by aboriginal ancestors.

"Reservation shopping redefines the term, 'sacred ground' to mean any land near an interstate highway with an interchange close to a metropolitan center," said Lynch.

Members of the group, said Lynch, oppose development of a gaming facility on 152 acres of Cowlitz-controlled land at NW 319th St./I-5 at La Center.

Lynch operates a consulting firm and is president of Pacific Foods of Oregon.

A media advisory from Hunt Communication Co. of Vancouver said members of the group include Scott Campbell, publisher of The Vancouver Columbian newspaper, Dave Christensen, chairman of Christensen Shipyard, Paul Christensen, president of Realvest Corporation, state senator Craig Pridemore and state representative Bill Fromhold, democrats from the 49th District, Kent Landerholm, president of Landerholm & Associates, Newt Rumble, CPA, Peterson and Associates, Pat Scheaffer, president and CEO of Riverview Community Bank, and Judie Stanton, owner of J.S. Webworks.

Pridemore and Stanton, while Clark County commissioners in February 2004, executed a Memorandum of Understanding (MOU) between the County and Cowlitz tribal leaders.

The MOU, hailed by tribal leaders as evidence of a warm welcome by county officials, listed public services and fees for services contingent upon types of businesses developed at tribal land between La Center and Ridgefield.

Stanton said her vote as a commissioner and her current opposition to a casino are not in contradiciton.

Stanton said the MOU garnered tribal guarantees of payment for public health services, transportation, law enforcement, and prosecution and indigent defense services. The MOU, said Stanton, contained a specific statement that the document was not to be construed as support for a casino.

"I couldn't support a casino," said Stanton, "with a family-friendly community."

Stanton said she opposes a tribal casino whether small or large.

To pave the way for gaming, tribal leaders asked U.S. Bureau of Indian Affairs officials to designate land at the NW 319th St./I-5 junction as the tribe's "initial reservation." Tribal leaders also want the land held in trust by the U.S. Department of Interior.

Months after signing the MOU, Cowlitz tribal leaders formed a partnership with the Mohegan Indian Tribe, owners of the Mohegan Sun casino in Connecticutt. The Mohegan Sun is one of the largest casinos in the world.

A question of roots

Lynch said everyone agrees that Cowlitz tribal members have a right to economic opportunity. But Cowlitz roots are in ancestral villages to the north, near Toledo, and not in Clark County, said Lynch.

Lynch said the federal Indian Gaming Regulatory Act requires a cultural and historic connection to land in order to obtain gaming rights.

Travel by Cowlitz members in the 1800s from their villages in what is now Cowlitz and Lewis counties to Fort Vancouver risked hostile encounters with other tribes, Lynch said. Cowlitz claims about ancestral roots on land near La Center are without merit, he contends.

A white paper prepared by the group on area tribal history says journals, maps, newspaper articles, government reports and oral histories place Cowlitz roots along the Cowlitz River from near Kelso to near the Olympia area.

Prehistoric aboriginals met by members of the Lewis and Clark expedition in what is now Clark County were Chinookan, not Cowlitz Indians, said the white paper.

Cowlitz tribal leaders, supported by Lewis and Clark College history professor Stephen Dow Beckham, contend La Center and other portions of Clark County were homelands to Cowlitz ancestors.

Lynch said Cowlitz tribal historians, including the late Verne Ray and Beckham, have provided misleading accounts about Cowlitz origins.

Lynch cited another reason for opposing tribal plans. The "sinister" side of gambling and its effects on a community need to be told, he said.

Lynch said CARS members want to increase citizen awareness about impacts that a 160,000 square feet casino would have on the I-5 corridor, schools, a nearby wildlife refuge, housing, jobs, crime, drugs, suicides and divorce rates.

"We're not going to stop talking until the job is done," Lynch added.

Other organizations opposing the Cowlitz proposal include a La Center citizens group, Stand Up for Clark County Citizens, and the American Land Rights Association based in Battle Ground.

A recent opinion survey in La Center revealed strong opposition to tribal plans.

La Center community leaders fear adverse impacts from a tribal casino to annual tax revenues to the city from four city card rooms of about $3 million.

Lynch said his group is not associated with any others. He said group members will help decide on future meeting schedules.

RAILROAD GROUP BOOTED OFF LINE

Heidi Wallenborn, news director

A volunteer group that has worked the past 6 years rebuilding a Clark County-owned railroad has been evicted from the line.

On June 13, Battle Ground/Yacolt/Chelatchie Prairie (BYCX) railroad president Bryan Baker stunned members of the county's Railroad Advisory Board with the news.

Volunteers have until Aug. 7 to remove all of their property out and off of County-owned property leased to Columbia Basin Railroad (CBRR), owned by Eric Temple, according to the eviction letter sent by Temple's attorney.

Whatever is left will be scrapped, with proceeds to be disbursed to BYCX less the cost of sale and cleanup, if any, of the area formerly used by BYCX.

What happened?

On June 5, BYCX a volunteer found a "great deal" of vandalism to property and equipment at the Moulton Falls station. A primary target was a gang speeder, (inspector car for maintenance) which holds eight-10 people.

Upon arrival, Baker found someone had beaten the lock off the shed where a generator is stored, and cut the chain holding the speeder car and two "floating" flatbed carts that were attached.

The track from Moulton Falls runs downhill to Battle Ground, and Baker was afraid the cars would travel across Lucia Falls Rd. and across the trestle at speeds up to 40 miles per hour.

As a result, Baker moved the cars two miles up the line to the Yacolt station and secured them before dark, then notified Temple of what he'd done.

The problem is that the BYCX group had been told at least twice before that they are not authorized to move equipment on the line, Temple said, and that he is to be notified first in any emergency.

In Baker's e-mail to Temple, he wrote, "I apologize for contacting you after the fact, but I'm sure you'll agree that the concern for safety preceded a timely request for permission."

Temple wrote back, "I completely disagree with your actions in this case," and informed Baker that he had also broken federal law. He said the situation was not an emergency, and if it had been, he is not hard to contact using the 24-hour emergency number.

Temple told Baker to contact the Federal Railroad Association to report his actions. According to Baker, his contact there told him his actions were not serious, and that Temple had contacted the FBI to have him arrested at home.

Baker said the FBI agent confirmed that, and that he was also told Baker had driven an engine, which would have been a violation.

Temple denies the allegation.

"There was no request or attempt to arrest, we merely filed a report," Temple said in a later interview. "Railroads are under federal jurisdiction. The problem with BYCX is that they are not qualified to move over the rail."

"[Baker's action] was a trespass on the line, and there were numerous violations of Federal Code," Temple said. "The best course of action was to let the FBI know because they have jurisdiction."

"This was not a dramatic, over-reaction," he added. "This is what railroads do."

For Temple, Baker's action was the last straw. He said the group was notified twice in December that they were to stay off the line.

Baker said they were not notified until January and have stayed off ever since, until the recent emergency.

During the teleconference with the Advisory Board, Temple said, "they continue to violate federal law, they continue to trespass on the tracks. This is just not done. What do you do with someone who keeps doing things they are not supposed to do? So we told BYCX to pack up their stuff and go."

"How many times should the BYCX get away with something like this?" he added. "There have been endless legal fees, time wasting, major rule violations, and I'm tired of it. I'm worn out with BYCX. At some point it's got to end. I'm tired of all this crap."

Moving begins

Volunteers have begun moving what they can off the line. When they are ready, Temple will provide a pilot to move cars and a steam locomotive to a private spur on property owned by Bill Kravas in Chelatchie Prairie north of where the County's rail ends.

"We will be very reasonable and accommodating to assist in every way possible to get them off the line," Temple said. "If it's not all gone by Aug. 7, I'm not going to be a jerk about it."

Temple also said that it is important that the community understand that he is committed to finding a replacement volunteer group to run a similar tourist train on the north line.

"We will find someone that will respect the lease, obey Federal Code and run a tourist operation up there," he said. "This is purely a BYCX issue, and I've had enough. It's time to end it."

County responds

County commissioner Marc Boldt said he believes Temple is in violation of his contract to "work in good faith" with BYCX.

With the County indemnifying the group for the $10 million in insurance Temple wants BYCX to carry, Boldt believes there is no reason not to move forward.

Boldt said the only sticking point in coming up with a final contract is Temple's insistence on eviction of BYCX without just cause.

"All three of us [commissioners] believe Bryan Baker did the right thing" in moving the speeder and carts, Boldt said. "If they had rolled through a crossing, it would have caused an accident."

STOREDAHL GETS GREEN LIGHT

Marcus Brotherton, staff reporter

Clark County hearings examiner Daniel Kearns reached a decision on the Daybreak mine expansion proposal June 8, allowing the project to proceed.

Central to Kearns' ruling is a conclusion that the Kelso-based J.L. Storedahl & Sons gravel mine has a "pre-existing" or "non-conforming" right to do business on its property, located next to the East Fork of the Lewis River.

The pre-existing right means that even though the mine may not conform to existing regulations, it did comply with regulations at the time it was established, said county planners.

Kearns had agreed to Storedahl's proposal several months ago, but the matter was sent back to him in March after appeals to county commissioners.

In a fact-intensive, 19-page final order, Kearns traced the history of various permits and legal activities that pertain to the site from 1968 when the Woodside family purchased the first 309 acres of the property with an F-X zone that allowed mining outright.

Over time the site went through several zoning adoptions as various zoning laws were changed and more restrictive zoning laws came into effect.

For example, the question arose in the mid 1970s as to whether mining at the site required a shoreline permit. "Right or wrong," wrote Kearns, "the county took the position that no shoreline permit was required."

The site was operated by the Woodsides, Edwards, Zimmerlys and Daybreak Rock until Storedahl took over operation in 1987.

"There is no indication during this period that the county or any state agency regarded the operation as unlawful," Kearns added.

Kearns concluded that various operators maintained the non-conforming use right, and it was not lost through lapses in use, or in any operator's failure to obtain a shoreline permit or an amended reclamation plan.

But the mine has not been without fault. "The record also shows," wrote Kearns, "that the operators of the Daybreak mine have not been blameless over the years nor have they strictly or consistently complied with state and county laws regulating their operations. The record shows repeated incidents that likely constitute violations."

Kearns concluded that even though problems have been evident, they aren't sufficient enough to end the operator's right to mine.

One part of the plan still remains unresolved.

In previous negotiations, Storedahl had offered to relinquish all non-conforming use rights on the property if the company received approval for all its consolidated permit and rezone request applications.

But Kearns said that when commissioners denied a rezone request, the issue of non-conforming rights surfaced again, and the matter became cloudy. At question now is under what legal claims is Storedahl bound to its previous commitments to put into effect conservation plans once the site is completely mined in about 20 years.

Kearns' decision can be appealed to commissioners by parties of record only.

HOCKINSON SUPERINTENDENT INVESTIGATION DELAYED

Marcus Brotherton, staff reporter

The conclusion of an investigation regarding Hockinson School District interim superintendent Dick Minarik is delayed until the end of June.

Minarik, 61, was placed on paid administrative leave April 11 due to allegations of sexual harassment brought by another staff member.

An outside investigator, Linda Frisch-Meyer of the Vancouver-based Landerholm, Memovich, Lansverk & Whitesides, was hired to research the matter in consultation with the District's legal council Cliff Foster from Educational Service District 112.

The investigation was originally set to be resolved within 30 days of the complaint, or by about mid-May. Findings were delayed two weeks to the beginning of June, then to June 10, now to June 30.

Assistant superintendent Maggie Bates said the District's policy allows latitude in such matters, and delays occur because the investigation is being conducted "under the spirit of being thorough, impartial and fair."

The District will be responsible to initiate any action that may results from the investigator's findings.

Minarik was hired for a one-year contract for 2004-2005. His contract will end June 30.

When asked if District officials are waiting until Minarik is no longer an employee before the matter is concluded, Bates said "it hasn't been the substance of any conversations."

Frisch-Meyer did not return phone calls.

The District has hired a permanent superintendent, Delcine Messa-Johnson, who will begin work July 5.

DECEASED YOUTH REMEMBERED AT GRAD

Marcus Brotherton, staff reporter

A high school diploma was awarded posthumously June 13 to Timothy William Krussell, 18, who died in a car accident April 7 near Amboy.

Krussell, a Battle Ground resident, had completed the necessary requirements for the diploma through the Battle Ground School District's Homelink high school diploma program, said program supervisor Robert Blackmore.

"He was a really hard worker," Blackmore said. "I'm glad he was able to be honored this way. I really loved the kid."

Krussell's mother, Donna Boyle, was called on stage at Prairie High School during commencement ceremonies to receive the diploma on behalf of her son.

Boyle said her son had overcome several struggles in life enroute to finishing high school. Before his death, he worked as a motor route newspaper carrier. He had another job lined up at a grocery store, and was aiming for a career in the Coast Guard.

"He had gotten through so many things," Boyle said, "but he was really on his way. We really miss him."

When Krussell was younger, he participated in Cub Scouts and Little League, and played football in ninth grade at Battle Ground High School.

As he grew older, his hobbies included white water rafting, hunting, fishing, snowboarding and bowling.

In addition to his mother, Krussell is survived by his father, Robert Krussell of Battle Ground, and six siblings, Dawn Fellows Lien, Sean Fellows, Allen Fellows, Angel Fellows Garcia, Jodi Fellows and Cory Fellows, all of Battle Ground.

OUSTANDING WOODLAND TEACHER RECOGNIZED

By Michelle Kapitanovich

Woodland educator Shari Conditt has received "An Outstanding Teacher" award from the Schei Family Trust.

Conditt, who teaches social studies, was recognized during an end-of-the-year staff luncheon June 17. Ansgar Schei, creator of the Schei Family Trust, presented the award. In addition to a plaque, it provides a $1,000 check that the winner can use for any purpose.

Conditt, 27, has worked in Woodland for two years. Prior to that, she taught social studies for three years in Chicago. Conditt came to Woodland after being recruited by Woodland High School principal John Shoup.

It's the good attitudes she has found at the high school that keep Conditt there.

"I love this school so much," she said. "There's a real understanding in my class that the students are there for a reason. They understand the purpose, and they follow through on it."

Conditt has been a member of the school's assessment team and leads the social studies committee. She has run numerous clubs and groups as well.

This is the third year for "An Outstanding Teacher" award. It rotates between kindergarten to sixth grade staff and seventh through twelfth grade staff.

Nominations for the award are collected from staff members. This field is narrowed down to two by administrators with help from some of Schei's colleagues. Schei makes the final selection.

Schei said he established the trust because "I always felt our outstanding teachers never got enough recognition." Since he could only recognize one of what was likely several excellent candidates, Schei decided to call the honor "An Outstanding Teacher" award.

Schei graduated from Woodland High School in 1934, and his three children and four grandchildren have attended the school.

Before presenting the award, Schei decided to speak about discipline, something he experienced first-hand in first grade.

"That teacher…got us in front of the room, and she had a yardstick," he said. "They must have had more wood in those days because that stick was a lot thicker. And she hit us both at the same time.

"That spanking I got, I don't think it hurt my mind. Now they're so worried about having the mind hurt by having the bottom hurt. But it doesn't work that way."

Retirements

Woodland superintendent Bill Hundley noted staff members who are retiring or resigning. Among the retirements was Pat Tisdale, who has been an English teacher at Woodland High School for more than 20 years. Tisdale taught both Honors and Advanced Placement English.

"She has been all about academic excellence," said principal John Shoup. "It is a great loss to the district."

Tisdale's retirement was omitted from an earlier Reflector article on the topic.

New Staff

The district has hired Craig Downs as the new assistant superintendent.

Downs has worked as an elementary school principal in the Kelso School District. He has also filled in at times as the district's transportation director and has experience as a human resources officer. He will replace Jim Imhoff, who is retiring.

Cari Thomson has been selected as the new principal at Woodland Middle School. She comes from Cascade Middle School in the Evergreen School District and has done some administrative work in the Battle Ground School District. She will replace John Lewis, who is also retiring.

KALAMA PORT NOTES PARTNERSHIPS, NEW TENANTS

With its second building at the Kalama River Industrial Park recently completed, the Port of Kalama is taking time out to celebrate important partnerships and its newest tenants.

A thank you lunch June 17 recognized the financial contributions made toward the $1.9 million building by local and federal agencies. It also welcomed Mile Marker and Nascom, Inc., which have leased space there.

The 31,500-square-foot building was made possible through a $200,000 grant from the USDA's Rural Development Business Program and a $125,000 grant from the Cowlitz County Rural Development Fund. The Rural Development Fund also provided a $375,000 loan. The remaining funds for constructing the facility were provided by the port.

"The port greatly appreciates the assistance it was given from both the USDA Rural Development and Cowlitz County," said Port of Kalama executive director Lanny Cawley. "This was a terrific partnership because all our missions were the same: create jobs for the community."

This is the second building in the 75-acre Kalama River Industrial Park. A third building is now underway and should be completed in early 2006.

Nascom Inc. manufactures security alarm switches. It consolidated its operations from Newberg, OR, and Vancouver to the new port facility. The company currently employs thirty people but hopes to expand that number to 100 in the next few years.

Mile Marker International manufactures products for off-road vehicles. Ilona Ivanoff, who operates the company's warehouse, has been in business locally for almost 25 years--from her garage and smaller warehouses. Sales have doubled in the past two years, however, and the company needed room to expand.

The Kalama River Industrial Park has immediate access to Interstate 5 via exit 32, comes with on-site access to mainline rail served by Burlington Northern and Union Pacific railroad companies, has access to international deep-draft shipping, and has all utilities in place.

C-TRAN TO REQUEST TAX INCREASE IN SEPTEMBER