BG FILES LAWSUIT FOR LAND PURCHASE

Heidi Wallenborn, news director

The phrase "you can't fight city hall" does not apply to Gordon Overby of Mount Vernon.

The 74-year-old man is holding up the development of the northeast quadrant of Battle Ground by not granting permission for the city to put in a sewer line through his 80-acre property off of NE 142nd Ave.

And Overby wants it that way, he said.

On Aug. 15, city council members told staff to pursue an eminent domain lawsuit to obtain a 35-foot wide easement 1,038 feet long through Overby's property.

A developer needs the easement to put in a sewer line to serve proposed subdivisons that frame the active oat and hay farm Overby owns.

Overby would be paid fair market value for the strip of his land, regardless. Eminent domain simply means the government can take land when it is necessary and essential as a matter of public necessity and welfare and public interest.

There are several factors at work here, said public works director Sam Adams.

A relief sewer interceptor is already in place on the west side to handle future development at that area, accessible through Overby's land. The design cannot be reconfigured, Adams said.

To bypass Overby would mean the interceptor and all the lines it already has would have to be dug up and situated elsewhere, Adams said.

Or, to have a meandering pipeline to get to the interceptor would mean more expense, more roads dug up, and more inconvenience for citizens, Adams said.

"It would mean abandoning all the improvement of the west side interceptor that's already in," he said. "That's not fair to the folks who paid for it through rates and SDCs [Sewer Development Charges]."

"I've explained this to Mr. Overby, but he still seems to think there is another way," Adams said. "There just isn't."

The subdivision Tuxedo Junction on the corner of NE 142nd Ave. and NE 229th St., and the proposed Oak Meadows subdivision to the west, off of N Parkway Ave., are held up indefinitely until the eminent domain case is settled, Adams said.

If the strip of land is granted to the city, Overby could appeal, Adams said. Those two projects as well as all of the northeast side development, could be held up for several years.

"Ridiculous"

Via telephone, Overby seemed to scoff at city officials and the eminent domain threat.

"This is ridiculous," he said. "All they're doing this for is a bunch of developers."

"In the first place, they shouldn't have annexed that area," Overby added. "It was illegal. They did it through fraud by having a second hearing."

In 2001, city officials gained 142 acres in the Oak Meadows Annexation, which included Overby's property. Because the tape of the first boundary review board hearing was inaudible, officials held a second hearing. Legally, there had to be a record of the meeting.

As a result, Overby took his case to Clark County Superior Court and asked for the annexation to be overturned. He represented himself as his own attorney,

However, in addition to his claim of city fraud, Overby had other concerns about being inside the city limits.

Overby believes that annexation would invite garbage dumping and vandalism by four-wheelers cruising his land, and that his crops would be damaged by development.

His concerns now include putting a sewer line alongside his stream, which he called "silly," and all the sewer hookups his neighbors will want so they can get off of septic systems.

Most importantly, he said, are his concerns about all the subdivisions going in around him. His farm is still active, and someone harvests it for him.

Although Overby hasn't lived in Battle Ground since 1958, "I never really left," he said. Most of his relatives live there and he visits often.

"We tried to negotiate"

Developer Ed Greer has tried for more than one year to work with Overby, and to work with another neighbor, Ron Steigman, said city manager Eric Holmes. The city needs 306 feet of easement from Steigman's lot that abuts Overby's, and have worked out an agreement.

Overby has "been completely unwilling," Holmes said. "We tried to negotiate. We've sent a series of letters, Sam [Adams] offered to travel to Mount Vernon to meet with him, and he's been fairly non-responsive."

"Council said that if we've done our best to negotiate with him, then proceed with eminent domain," he added.

Overby's comment was "Jeepers creepers. Battle Ground has not followed the law on anything they've done."

"We've really tried to work with him," Adams said. "The city would rather work with citizens, not lawyers."

RESCUED DOG RESCUED AGAIN

Marcus Brotherton, staff reporter

Sadie is a very lucky dog--twice.

The 5-year-old Pointer mix, owned by Laury Walker of Battle Ground, was first rescued from a bad situation in eastern Oregon.

Sadie had been owned by a ranch hand who kept her chained outside all day and night during winter. When Walker took ownership of the dog, all of Sadie's fur had been rubbed raw where the chain was.

"She was in pretty bad shape when we got her," Walker said. "But she's a really great dog."

Sadie was rescued the second time Aug. 22 after she dug under a fence and got out of her yard near the Lewis River. Sadie wandered onto the northbound lane of SR-503 during the morning commute.

Fortunately, a southbound car stopped long enough to open the door and invite the dog to safety.

"I just hollered: `Come on, get in,' and the dog jumped right up into my lap," said Battle Ground School District superintendent Shonny Bria, who was driving to work when she spotted the lost dog.

Bria drove Sadie to the District offices in Brush Prairie and was able to contact Walker because of tags on Sadie's collar.

"It's obvious this was a very loved dog," Bria said. "I'm glad it worked out in the end."

District staff put down newspapers for the dog and took her for a walk while waiting for Walker to come from work and collect the dog. Walker said she was very grateful, not only because Sadie was rescued, but also because Sadie smelled like she had "rolled in something" during her excursion--and District staff cared for her anyway.

Walker plans to beef up her fence so Sadie can't dig out again. She took the dog home and gave her a bath.

FIRST BABY ARRIVES AT SALMON CREEK HOSPITAL

Marcus Brotherton, staff reporter

After opening its doors to emergency patients Aug. 22, Legacy Salmon Creek Hospital did not have to wait long for the first baby to be born in the new facility.

Jaidyn Tielyr Ali, a 6-pound, 7-ounce boy, was born at 5:52 a.m. Aug. 24 to Carri Brown and Joshua Ali of Orchards. The child and his family are reportedly in good health and doing fine.

Jaidyn was delivered by Dr. Patrick Marmion, a hospital physician.

Brown said she chose Legacy on the advice of her mom, who had heard about the new hospital opening a few days earlier.

"We were really treated well," Brown said, "like a V.I.P. from the moment we arrived."

The hospital will be open for scheduled procedures September 1, Legacy representative Maggie Huffman said. Labor is considered a non-scheduled procedure.

Jaidyn's due date was not until September 14. He was born after about 13 hours of labor.

Proud grandparents are Debbie and Louie Brown, and Starr and Jeff Galloway, all of Orchards.

COYOTES FRIGHTEN HAZEL DELL FAMILY

Alice Perry Linker, staff reporter

The coyotes that roam the banks of Cougar Creek are going a little too far, according to one Hazel Dell homeowner.

Patricia Holland, whose property abuts the creek, recently complained to the Clark County Commissioners that coyotes were coming into her backyard, frightening her, her grandchildren and her little dog.

The coyotes live within the green belt, an area along the creek banks set aside to preserve habitat for fish and wildlife.

Holland said she supports the green belt idea and doesn't object to sharing her property with wildlife.

"That's why we bought this place," she said. "But all the other wildlife have gone."

The coyotes have driven out other small animals, and Holland said she no longer sees rabbits or squirrels.

"We can't sit outside after dinner," Holland said. "We can hear the noises around us and they make us too nervous."

Holland said she has seen coyotes walk through lawns during the day. Once when working in the yard, she said she saw a coyote run "right across my yard, chasing a cat."

Holland's small dog stays on a leash whenever she's outside.

"I saw three pups within 10 feet of my dog," Holland said. "I threw rocks and yelled, but they didn't seem to be afraid. She's leashed all the time now."

After nearly two years trying to figure out what to do about the increasing number of coyotes, Holland found Daniel Libby of the U.S. Department of Agriculture Wildlife Services.

Libby's department works with landowners who are at risk from wildlife predators and nuisances.

Within the past few months Libby has trapped and euthanized two coyotes.

"We want to keep a balance of wildlife," he said. "We target the problem animal."

The danger of coyotes in urban areas has not been exaggerated, Libby said.

"I personally know of a case in California where a child was killed by a coyote," he said.

According to a study from the University of California Hopland Research & Extension Center, coyote attacks on humans have been increasing in California. The report says that a three-year-old girl was killed by a coyote in her front yard in 1981.

Nineteen instances of coyote attacks on people were reported in 2002 and 2003, according to the California study.

Clark County Community Development Director Rich Carson said the county is "looking into" the coyote problem.

"Apparently there have been no humans attacks reported in Washington," he said.

Holland said she fears that her young grandchildren could be attacked by a coyote, and she no longer allows them to play outside unless she's with them.

Libby said sometimes people's behaviors cause coyotes to come near homes.

"One person called and said a coyote kept coming to his back door," Libby said. "I went and watched, and I saw a cat bring a mouse and drop it at the back door. The coyote came and got the mouse."

Once the mice were eliminated, the coyote stopped coming.

As coyotes lose habitat to urban development, there are more conflicts with people, Libby said.

"The biggest issue is we need a plan to deal with the human health and safety caused by increasing numbers of coyotes," he said.

Holland agrees. She would like for the county to adopt a plan that would help homeowners deal with dangerous wildlife near their homes and yards, she said.

"My goal is to make everybody aware that we need a comp plan that deals with the wildlife problem," Libby said. "It's increasing."

RURAL BG FIRE STATION TO GROW

The resident firefighters who live and work at the Fire District 11 station north of Battle Ground will get new living quarters.

The district expects to begin construction early next year on an $800,000 addition to the existing station at NE 112th Avenue and NE 299th Street. The station serves the rural area north of the East Fork Lewis of the River.

The Charter Oak-area station will gain about 5,000 square-feet of living quarters, said Chief Dennis Mason. Funds to build the addition will come from a general obligation bond supported by a voter-approved increase in the district's tax levy. The increase amounts to about 12 cents per $1,000 of real property value.

The district is completing the environmental impact statement phase of an application to expand the Station 2. A hearing on a conditional use permit is slated to take place in October.

Resident firefighters are permitted to live at the station in exchange for being available to answer calls regularly, Mason said.

"We have two residents now," Mason said.

Finding residents who want to live and work at Station 2 has been somewhat difficult because of the cramped quarters, Mason said.

When complete, the new quarters will have three private bedrooms, a dorm room, a large day room, kitchen, office and weight room.

Station 2 of the three-station district is staffed entirely by residents and volunteers, he said.

"Eventually we want to put part-time paid firefighters out there," Mason said.

The rapid growth in and around Battle Ground has affected the Fire District, he said.

"We've had an eight to 12 percent increase in call volume each year for the past several years because of the growth," Mason said. "We expect 2,300 calls this year."

About 80 percent of the district's calls are for emergency medical services.

TOP 4-H AWARD HONORS CLARK COUNTY VETERINARIAN

Alice Perry Linker, staff reporter

A veterinarian who has been active at the Clark County Fair for 40 years has been honored by the fair when a top 4-H award was named for him.

The former 4-H Golden Horseshoe Award is now the Jack Giesy Golden Horseshoe Award.

In announcing the new name, Tom Musser, executive director of the fair, said the honor came "in recognition of Dr. Giesy's many years of service to the horse community and 4-H."

Giesy, 73, began volunteering as an animal inspector at the fair in 1966, shortly after he began practicing in Clark County. The position of animal inspector is now paid, he said.

The veterinarian continues to practice, exclusively treating large animals, traveling from his home office in Hazel Dell.

During the fair, he drives his fifth-wheel trailer and parks at the fairgrounds.

"4-H is an excellent, excellent program," Giesy said during an interview. "So is FFA. They are strong in the county. If it wasn't for the 4-H kids, I wouldn't do this."

He praised the youths who participate in 4-H, and he said he is now working with the children of former 4-H members.

"It really brings home that what you say matters," he said. "It's really thrilling to work with these kids. If the future of our country is in their hands, we're going to be all right."

Giesy, who said he has no retirement plans, is a member of the Clark County Fair Board representing the Clark County Executive Horse Council. He's a veterinarian for the Western Washington Fair in Puyallup.

Giesy also participates in the Silver Buckle Youth Equestrian Center in Vancouver, a program that uses horses as therapy for at-risk youth.

"I don't want to retire," he said. "I enjoy the people; I enjoy the kids."

The Golden Horseshoe Award that now bears Giesy's name is given to the 4-H member who earns the most points participating in a variety of horse-related activities.

"I like it because it's so broad," he said.

The award covers horse knowledge as well as showmanship and other traditional equestrian activities, Giesy said.

"You can do these things without a horse," he said. "It's not restricted to the horse owners. It shows that kids are into multiple aspects."

The activities that earn points include a horse bowl, during which members answer questions about horses, and hippology, the study of horses.

"If I were to pick an award to be named after me, this would be it," Giesy said.

WORK SLATED FOR DISTRICT STADIUM

Marcus Brotherton, staff reporter

Battle Ground's District Stadium will be remodeled after all, although Battle Ground School Board members decided not to add it on a bond this September 20.

Board members instructed District staff in late July to begin preliminary work on the upgrades and look at options for repair.

Patrons, including sports activist Pete Manson, have raised the issue of Stadium upgrades for several years, citing safety concerns and aesthetics as their reasons.

Upgrades were part of a 2004 bond proposal that failed, but then taken off a March 2005 proposal that passed.

September's bond proposes to raise $20.4 million for a new high school in Amboy. Board members decided to keep Stadium upgrades off that bond because they wanted to keep the proposal as streamlined as possible, they said.

Superintendent Shonny Bria expressed her commitment to having repairs completed at the Stadium.

Before the first home football game this fall, the press box is set to be remodeled, and goal posts assessed, Bria said.

More repair work, to take place throughout the year, will likely cover field surface, locker rooms and rest rooms, Bria added.

The first two home games set for Sept. 2 and 9 have been moved to Camas to accommodate Stadium work at Battle Ground. The first home game to be held at the Stadium will be Sept. 16, said athletic director Butch Blue.

Pricing, time lines and design are still being established for the Stadium project. Cost is expected to be around $1.8 million, said District representative Kelly Keister.

Keister said options for paying for the upgrades are still being discussed. The District may finance the project with a non-voter-approved loan, which would be permissible under state law.

COUNTY PLANNING COMMISSION RECOMMENDS IMPACT FEE CHANGES

The Clark County planning commission recommended approval of several proposed changes in impact fees Aug. 18 during an annual review of the county's 20-year Growth Management Comprehensive Plan.

The planning commission's recommendation is expected to go before the county commissioners in late November or early December, said county representative Sandra Towne.

Planning commission members also discussed area school districts' updated capital facilities plans at the same meeting.

State laws enable school districts to develop impact fee programs that apply to new developments in order to offset some of the impacts of growth on school facilities.

School impact fees apply to all residential development within a school district service boundary. School impact fees are meant to be tied to potential generators of an impact and are not assessed on commercial and industrial development.

The following districts proposed changes to their fees:

** Hockinson: from $328 single family and $649 multi family to $2,980 single and $2,280 multi.

Hockinson's maximum allowable fees are $2,981 single and $4,336 multi.

** Ridgefield: from $3,701 single and $908 multi to $3,132 single and $712 multi.

Ridgefield's maximum allowable fees have been lowered to $3,132 single and $712 multi.

A maximum amount is calculated by analyzing potential number of children per household and housing type.

Battle Ground's remained unchanged at $3,000 single and $1,000 multi.

La Center's remained unchanged at $2,000 single and $1,000 multi.

Green Mountain's remained unchanged at $2,570 single with no fee for multi.

BG SCHOOLS TO CREATE WALKING TRAIL

A 2-mile walking trail system is being developed in the Battle Ground School District.

The trail will wind its way around Battle Ground High, Lewisville Middle, Captain Strong and Chief Umtuch Primary schools.

The trail will provide a training area for cross-country runners, as well as add additional running space for P.E. classes and sports teams. Community use is welcome.

The project is to be completed in three phases.

Phase one will circle land north of District stadium. Phase two will circle the high school's practice fields adjacent to the high school's front parking lot. Phase three will go in a "U" shape around the new baseball fields south of Lewisville Middle School.

Total cost is about $22,000, $5,000 of which has been donated by the Battle Ground High School auction committee to begin work on Phase I.

Additional donations and funding options are being sought, said District representative Kelly Keister.

Gravel has been secured from Clark County at a reduced rate, Keister said, which is one way the District and County are partnering to provide quality school facilities.

RIDGEFIELD CITY HALL PAINTER PUT ON PROBATION

Heidi Wallenborn, news director

Eben Drake, the painter who improperly removed lead-based paint from the front of Ridgefield city hall in June 2002, was put on probation Aug. 19 by Clark County Superior Court judge Diane Woolard.

Charges filed against him by the state Attorney General's office will be dismissed after one year if Drake stays out of trouble, the judge ruled.

The 60-year-old painter faced a gross misdemeanor charge of violating the state's Water Pollution Act, punishable by a maximum $10,000 fine and one year in jail.

Drake's trial was to have begun on Aug. 22. The judge ruled that within that year probation, Drake must follow all laws, receive Court permission if leaving the area for more than one week, and not possess any firearms. He must also pay $750 in court costs.

Drake was hired by former Ridgefield city manager Randy Bombardier to re-paint the front of city hall in time for the city's July 4 celebration.

Witnesses said Drake pressure washed and sanded pillars and the brick face which contained high levels of lead in paint without taking proper care to protect citizens and the environment.

Paint chips flowed down a storm drain into Lake River, a class A state waterway, and "billows" of dust filled the air. City hall was closed for a time last year while the building was encapsulated and lead dust removed from the building, including the ventilation system.

On May 31 this year, Bombardier pleaded guilty to failure of duty by a public officer, which is a misdemeanor. He was placed on two years probation and given a suspended 90-day sentence, as well as direction to pay the city back more than $5,000.

VALUE GIANT COMES TO BATTLE GROUND

Former Cenex building sold to Portland store