PUBLIC PLACES ARE NOW SMOKE-FREE

Alice Perry Linker, staff reporter

     The air inside bars, taverns and bowling alleys got a little cleaner Dec. 8, the first day of a new Washington anti-smoking law.

     Smokers are now required to put out their cigarettes, cigars or pipes at least 25 feet away from any openings of any public building.

     Washington's new law is one of the most restrictive in the nation. Nine other states have tough anti-smoking laws.

     Theresa Cross of the Clark County Health Department said Washington is the only state to require smokers to stay more than 25 feet from building doors.

     Nearly 66 percent of the voters in Clark County approved the anti-smoking initiative Nov. 8. The initiative passed in every Washington county, said Jonnie Hyde, county public health services manager.

     Clark County won't be stationing sheriff's deputies outside restaurants and other public buildings; instead the county Health Department has begun an educational program to explain what business owners and smokers must do to comply.

     Cross said the county will use a system of self-monitoring to ensure that business owners and smokers obey the law.

     The Health Department will have two forums for employers: Fri., Dec. 16, 9-10:30 a.m., Fire Station 83, 213 NE 120th Ave., and Thurs., Dec. 22, 7-8:30 p.m., Fort Vancouver Regional Library Community Room, 1007 E. Mill Plain Blvd.

     The law does not include money for enforcement, Hyde said. "It's an unfunded mandate," she said.

     The fine for businesses who disobey the law is $100 per day. A fine of up to $100 can be imposed on individuals who violate the law.

     The violation is similar to a traffic infraction, said Quinn Posner, deputy prosecuting attorney.

     The anti-smoking law applies to private clubs and golf courses if any part of the club is open to public use and if the club hires employees.

     Cross said the law is designed to protect people from second-hand smoke.

     The county will accept complaints and will give businesses a warning before imposing a fine.

     "We have the potential for fining people," Cross said. "If we continually go back to a site, we'll do that."

     The county has set up an information line through the Health Department, 397-2550. Cross said she has fielded "lots of questions."

     Businesses have expressed concerns about losing customers who smoke.

     "That has not been the experience in other states," Cross said. "Looking at tax receipts, revenue has either stayed the same or increased."

 UTILITY WELL SEEN AS ARSENIC CURE

Local Utility District could serve landowners

Bill Myers, staff reporter

  Officials of Clark Public Utilities officials told a group of east Woodland homeowners Dec. 1 that a new well and water district could be an answer to high arsenic contents in area wells.

  Affected landowners could get treated water with barely detectable arsenic levels by forming a Local Utility District (LUD), said utility spokesman Mick Shutt.  

  A well drilled by a contractor hired by the utility in October near Hayes Rd. was tested at 50 gallons per minute.

  Shutt said the volume is sufficient to maintain a reservoir for affected homes near NW 411th Circle and NW Bridge Rd.

  Tests from the well indicated arsenic levels at 18.9 parts per billion (ppb), higher than a 10 ppb federal standard. Proper filtration could lower arsenic content to under 1 ppb, to a barely detectable level, said Shutt.

  Shutt said a simple majority of affected property owners can form an LUD.

  Property owners who don't participate would not share in initial costs, but latecomers would pay the same costs plus interest, Shutt said.

  Shutt said there are 17 to 33 potential members of an LUD. He estimated costs of setting up a District at between $13,000 and $20,000 per lot. Shutt said participants would all pay the same fee.

  A wide range between low and high estimates is necessary because customer locations could cause water lines to range from 7,000 to 11,000 feet, said Shutt.

  Participation levels, timing of construction and costs of arsenic treatment will also affect costs.

  Shutt said estimates to build a system range from $625,000 to $960,000.

  A federal State and Tribal Assistance Grant, available up to $500,000, was procured by the utility and could pay 55 percent of costs, said Shutt.

  The utility would fund the balance with a 1.5 percent interest loan from the state. Participating homeowners would repay the loan over a 20 year period, Shutt said.

FOX DENIES RACISM CHARGE

Suspended city manager calls for arbitration and reinstatement

Bill Myers, staff reporter

  Ridgefield city manager George Fox, in a Demand for Arbitration filed Dec. 8, said a decision to fire a Ridgefield police officer was not racially motivated.

  The Demand was filed by Fox's attorney, Donald Greig, with United States Arbitration and Mediation of Oregon.

  In the document, Fox said actions by the City to suspend and restrict him from talking to potential witnesses constitute a termination of his employment.

  In the filing, Fox seeks damages equal to the value of the balance of his five-year contract with the city--or full reinstatement.

  The Demand calls on the City to fulfill terms of Fox's contract.

  The contract says the City will defend Fox from any liability incurred while acting as city manager, and will hold Fox harmless from liability while acting in that capacity.   City officials suspended Fox with pay Dec. 1 pending an investigation into allegations that Fox ordered officer Carl Mealing fired because of Mealing's race.

  Greig, in a statement issued with the Demand on Dec. 8, said Fox denies saying that

Mealing was fired because of the color of his skin.

  A lawsuit filed by Mealing in federal court on Dec. 1 quotes a Ridgefield woman who alleges that when she asked Fox why he had fired Mealing, Fox replied, "Because he's black."

  The Mealing lawsuit also contends that Fox told City police chief Bruce Hall that Mealing had to go because he was "scary" and "creepy."

  The decision to terminate Mealing was not based on race, said Greig.

  Greig said Ridgefield City Council members are aware of the reasons for Mealing's termination.

  Greig said the reasons will be discussed by Fox at an appropriate time and place, likely in Civil Service Commission proceedings or when Fox testifies at U.S. District Court.

  Ridgefield city attorney Mike Wynne, asked Dec. 8 if he knew what reasons Greig was referring to said, "I have no idea what they (Fox and Greig) are talking about."

  Wynne said "all the facts will come out" at pending procedings. He said Portland attorney John Stewart will represent the City at arbitration hearings.

Eileen Lawrence will also represent City

  Following an executive session Dec. 7, city council members approved a resolution that names Seattle attorney Eileen Lawrence as "advisor to the city council on personnel issues."

  Lawrence was also asked to work with Stewart representing the City in the federal court action.

  Wynne said he was pleased by a recent announcement from the city's insurance carrier. They will defend the city in the federal action and pay Lawrence's legal fees, he said.

  Lawrence was earlier asked by the City to investigate matters relating to Fox's employment and the lawsuit.

  Wynne said she will coordinate investigations through the state auditor's office and other agencies.

FIREFIGHTER INJURED IN FALL FROM TREE

   A volunteer firefighter was seriously injured Dec. 10 when he fell 40 feet from the Yacolt community Christmas tree that he was decorating.

   Keith Jones, a professional tree climber, had unclipped his harness and rope to move around the tree when the accident happened, said Administrative Capt. Ben Peeler of Fire District 13.

   Jones was life-flighted to Southwest Washington Medical Center where he is in stable condition.

   A two-year volunteer with District 13, Jones suffered a punctured lung and fractured two vertebrae, but he is expected to make a full recovery, Peeler said.

   The Fire District has set up an account at U.S. Bank to help cover medical costs, Peeler said.

   Volunteers are covered under insurance when they are working, he said, but the insurance will not pay medical costs, "because it was deemed a social activity."

   Jones, who grew up in Yacolt, is married and has two children. He works for Tree Works NW in Yacolt.

RIDGEFIELD HIKES WATER, SEWER RATES

Bill Myers, staff reporter

     Ridgefield city council members have approved 2.5 percent increases in water and sewer rates.

     The increases, effective Feb. 1, 2006, apply to all water and sewer customers.

     Monthly residential base rates for water will climb by 46 cents to $18.75, and residential sewer rates by 93 cents to $38.14.

     The 2.5 percent rate increase will also apply to additional volume charges for residential use over 500 cubic feet and other water use charges.

     The city will charge residential users $1.76 for each hundred cubic feet of water over 500 cubic feet.

     Base water rates for non-metered customers will be $25.76 per equivalent dwelling unit. Customers beyond corporate limits will pay monthly rates for their classification plus a surcharge of 50 percent.

     Non-metered sewer customers will pay a monthly charge of $38.14 per equivalent dwelling unit.

     Sewer rates for customers with septic tanks and low-pressure sewers maintained by the city will pay monthly rates for their classification.

     Customers beyond the corporate city limits will be charged the monthly rate for their classification plus a 50 percent surcharge.

Area comparison

     City of Battle Ground officials will increase base water rates from $10.05 monthly to $10.55 in 2006. The city charges $2 per hundred cubic feet (ccf) of water over 300 cubic feet up to 1,500 cubic feet, and $2.50 per ccf for additional use.

     Battle Ground public works director David Reeves said the average residential water rate in Battle Ground during 2005 was $16.05 monthly. Residential customers use about 600 cubic feet monthly, he said.

     No changes are proposed to residential sewer rates of $34 monthly (up to 600 cubic feet) in Battle Ground.

     A monthly base residential water rate in Woodland of $14.85 for up to 600 cubic feet will climb to $15.30 in 2006. A 2005 charge of $1.50 per hundred cubic feet over 600 cubic feet will increase to $1.55.

     Woodland officials have no plans to change a $34 per equivalent dwelling unit sewer rate.

     Clark Public Utilities (CPU) supplies water and sewer services to La Center. Utility spokesman Mick Shutt said no rate increases are planned for 2006.

     The CPU water rate is $6 per month, plus $1.25 per 100 cubic feet. A residential customer using 600 cubic feet monthly pays $27 every two months.

     The CPU residential sewer rate is $34 per equivalent dwelling unit.

TRIBAL LEADERS ANNOUNCE LABOR PACT

Bill Myers, staff reporter

     Cowlitz Indian tribal leaders announced approval Dec. 5 of a Project Labor Agreement for construction of a proposed casino resort near the La Center I-5 interchange.

     The agreement, reached with the Columbia-Pacific Building and Construction Trades Council, will guarantee workers who build the casino/hotel resort a family wage and benefits including health care, said Cowlitz tribal spokesman Dave Barnett.

     The agreement anticipates federal approvals of an Environmental Impact Statement and the tribe's request to have land at the site taken into trust by the U.S. Department of Interior, said Barnett.

     Barnett said the intent of the early announcement is to provide ample notice for planning by Trades Council officials. He said tribal officials hope to get construction underway by Spring 2007.

     Tribal officials are currently engaged in a federal environmental review of the proposed casino/hotel site at I-5 and NW 319th St. west of La Center.

     Barnett said the agreement answers critics who say tribal officials don't intend to adhere to building codes when building the project.

     "The best work force and best trained people are union workers," said Barnett.

     John Mohlis, president of Columbia-Pacific Building Trades Council, said the pledge by tribal leaders to use union labor shows good faith.

     Barnett said construction of the casino/hotel project, once underway, could take up to two years.

FLIERS IN RIDGEFIELD TOUT RACISM

Bill Myers, staff reporter

     Thousands of fliers touting racism were dumped in downtown Ridgefield on the night of Dec. 4-5.

     The fliers, about the size of a playing card, contained images of a large banana next to a monkey wearing a police hat.

     Wording on the fliers said city manager George Fox, who is on suspension pending an investigation into alleged racial discrimination involving the firing of Carl Mealing, a black police officer, "speaks for the silent majority."

     "Washington State needs more officials like Mr. Fox," said the flier.

     Fox's attorney, Donald Greig, in a statement issued Dec. 8, said Fox had no knowledge of the fliers and condemns them.

Mayor condemns act

     Ridgefield mayor Gladys Doriot said distribution of such material is "reprehensible."

     "We have such good people here--this is disheartening," said Doriot.

     Doriot said the fliers are so shocking that it is hard to believe that anyone in Ridgefield could be responsible.

     "It is unthinkable for anyone in Ridgefield to be accused of being racist," said Doriot. "We will get to the bottom of this," she said.

A hate crime under investigation

     Ridgefield police chief Bruce Hall said production and distribution of such material can be classified as a hate crime.

     Hall said he notified federal authorities and officers in his department are investigating the incident.

     An evaluation of a bank video is underway that may identify who distributed the fliers, said Fox.

     Ridgefield librarian Ann O'Reilly said the fliers were "disgusting" and not representative of citizens she knows in Ridgefield.

     Tom Humphrey, manager of Neighbors Helping Neighbors Food Bank, said the real Ridgefield isn't about one or two people who encourage hatred. The real Ridgefield, said Humphrey, is about citizens who walked through town on a cold, wet Monday morning to pick up and trash the fliers.

TREES ARE FUNDRAISER FOR BOOSTERS

Heidi Wallenborn, news director

     The annual Christmas tree lot fundraiser for the Battle Ground High School Band Boosters Club is underway on the corner of NW 20th Ave. and W Main St. in Battle Ground.

     A trip to San Francisco, CA during spring break is the impetus behind sales this year, said Booster vice president Raeann Smith.

     Some 35-50 students plan to compete and perform at various places around the Bay Area. Boosters need to raise $700 for each student to travel.

     Although the tree lot is not the only fundraiser for the group, it is the largest each year, Smith said.

     One performance the jazz band is looking forward to is at director Greg McKelvey's old stomping grounds," King Elementary School in San Francisco, Smith said.

     They will also play at Great America near San Jose and participate in a workshop led by John Maltester, director of bands at Los Medanos College.

     "It's wonderful for the kids to have this education," Smith said. "This is major league and getting them out of their comfort zone. They will perform with high caliber bands and high-end performers."

     Smith, Booster president Carol Livingston, and treasurer Trudi Prichard arranged for 580 Douglas and noble firs to be delivered from Windy Knoll Tree Farm in Mossyrock, and have pulled the project together this year.

     Trees range in height to 9 feet and in price from $15 to $90.

     Also for sale are wreaths in a variety of shapes such as a tree, candy cane, and heart, for $20 and up. Bundles of dry kindling sell for $2, and CDs of the jazz band are two for $15.

     The tree lot will be open Mon.-Fri., 9 a.m.-9 p.m., and weekends noon-9 p.m. until Wed., Dec. 21. Leftover trees will be given to area churches to be parceled out to less fortunate families, Smith said.

     "The community has been absolutely wonderful toward the band," Smith said.

     Smith touted Albertsons and Clark Public Utilities with helping make the sale possible this year.

     "Albertsons bent over backward this year," Smith said. Store officials let them use the vacant lot at no charge, let them use the restrooms, and provided hot chocolate when volunteers came in to warm up.

     Utility officials provided free electricity to run strings of lights and use a heater, Smith said.

AMBOY MAN SENTENCED IN STAND-OFF EVENT

Heidi Wallenborn, news director

     Marvin Edward Buckbee, 63, was sentenced Dec. 8 for his part in a barn stand-off with police and fire officials that occurred at his Chelatchie Prairie home in August 2004.

     The fact that Buckbee has such a strong network of friends and family likely contributed to the light sentence.

     Buckbee's supporters in District Court judge Richard Melnick's courtroom were literally packed into benches like sardines, with younger children sitting on laps. A few men crouched at the back of the courtroom because standing is not allowed when court is in session.

     Melnick and prosecuting attorney Grant Hansen were also peppered with letters on Buckbee's behalf in the weeks before sentencing.

     "You're a very lucky man to have this many friends, Mr. Buckbee," Melnick said.

     Framed by Hansen and defense attorney Barry Brandenburg, Buckbee pleaded guilty to disorderly conduct, unlawful display of a weapon, and illegal outdoor burning.

     Buckbee originally faced fourth degree assault, displaying a weapon, burning without a permit, obstructing a law enforcement officer, disorderly conduct, burning illegal material, and burning when outdoor burning was prohibited.

     Melnick sentenced Buckbee to 15 days electronic home confinement and 15 days community service, plus $600 in fines. Brandenburg mentioned Amboy's Territorial Days annual summer event as one place Buckbee may provide community service. He also received a two-year deferred sentence. If he does not re-offend during that time, his criminal record for the Amboy incident will be erased, Melnick said.

     On Aug. 30, 2004, Fire District 10 firefighter Cheryl Vincent responded to a citizen complaint of an outdoor burn on Healy Rd. near Chelatchie Prairie during a summer burn- ban period.

     Vincent said she was "confronted by an elderly male...who aggressively told her that he could do whatever he wanted on his property," and that he had been burning on his property for many years, and she wasn't going to stop him," according to court records.

     Fire marshal Jon Dunaway's report said that Buckbee "got right up in [Vincent's] face" until he'd backed her up against the door of the vehicle. She then left and called for a fire marshal and a Clark County sheriff's deputy to meet her at the Amboy fire station.

     Dunaway, Vincent, and deputy Wayne Hamilton arrived back at the Buckbee residence about 1:45 p.m. Dunaway wrote that he saw Hamilton speaking with Buckbee, who was holding a rifle in one hand at his side, pointed down. Hamilton had his firearm out and pointed at Buckbee, and asked Buckbee to put the rifle down, the document states.

     Buckbee refused, saying he had a right to bear arms and asked if this was "like Ruby Ridge." (Ruby Ridge was a confrontation in August 1992 between a family and federal government agencies regarding alleged white supremacist activities in Idaho.)

     As voices were raised, Dunaway and Vincent took cover and radioed for more backup. Within a few minutes, Buckbee disappeared into a barn and shut the door.

     Law enforcement from other agencies responded, including the County's SWAT team.

     After about one hour, the siege was called off because the original offense was a misdemeanor, said fire marshal David Lynam at the time.

     In court, Brandenburg said that Buckbee would "unwind that day if he could."

     "It reminds me of The Perfect Storm," Brandenburg said. "Things came together and created a horrible event that escalated, sadly, out of control. [Officers] thought they were dealing with a nutball out of Chelatchie Prairie."

     Before his sentencing, Buckbee read a statement to Melnick.

     "This situation should never have happened," he said. "I am not a violent man. I'm old fashioned and ignorant to the current goings-on about things. I stay at home."

     Buckbee said he didn't realize there was a burn ban on because he doesn't read the newspapers or watch television because bad news depresses him.

     "We'd had a lot of rain, and I thought it was safe to burn," he said.

     As for his treatment of Vincent, Buckbee said his wife tells him he speaks louder than he should, and that he meant no disrespect to Vincent.

     As for the antique .22 rifle, Buckbee was merely taking it from the house to "the shop" when he saw three cars pull into his driveway, he said.

     "Then there was someone pointing a gun at me," he said. "I didn't know I have no right to bear a firearm. I was frightened and confused, so I went into the barn. I'm truly sorry."

     Melnick explained that officers didn't know what Buckbee planned to do with the gun, and is glad they showed restraint.

     "This could have turned out differently," Melnick said. "Events could have been extremely tragic that day."

     After being sentenced, Buckbee said, "Thank you, your honor, you've been very fair to me." To the prosecuting attorney, he said, "Thank you, Grant, I won't let you down."

FINDING THE PERFECT TREE ISN'T TOO HARD

Forest officials advise care in traveling service roads this year

Heidi Wallenborn, news director

     To several people, Christmas just isn't the same without the fresh fragrance of a live evergreen tree.

     In north Clark County, there are several options to getting one, including u-cut tree farms, fundraiser pre-cut lots, and trekking the wilds of the Gifford Pinchot National Forest with a permit.

     But this year, heading into the wilds of the forest should be done with care, say Forest officials.

     An unusual early December snowfall and more forecasted in the Cascades and its foothills have made traveling forest roads hazardous, and impassable above 1,500 feet.

     Two or three feet of snow were recorded above the 2,000-foot level, which freezes overnight and results in icy conditions even at lower elevations, officials said.

     Enforcement officer Dan Fahrni said he came across two dozen vehicles stuck on forest roads in one weekend.

     When venturing out, carry emergency equipment and chains, and plan as if you might have to spend the night, officials said.

     For updates on weather and road conditions, contact the Forest Service office at 891-5005 or visit online at www.wsdot.wa.gov/traffic/

     If a Christmas tree permit was already purchased but the buyer isn't properly equipped to get a tree, Forest Service officials will extend the three-year permit through 2008.

     Another option is to ski or snowmobile from Sno-Parks to find a tree. Permits are $9 per vehicle for a one-day pass and $21 for a winter season pass. Roads are plowed and maintained at Sno-Parks.  

     To keep the hard-won tree in good condition, the National Christmas Tree Association offers these tips:

     ** Don't overbuy. Know the room height and depth where the tree will be. They look smaller outside without a ceiling over them.

     ** Decorations to hang may affect the kind of tree chosen. For example, sturdy, widely spaced noble fir branches are better for heavy, hanging ornaments. Bushy Douglas firs do well with lighter decorations.

     ** If going to a u-cut tree farm, prepare for a day in the country. Wear older, warm clothing and heavy shoes. Gloves for the person who cuts and carries the tree are a good idea.

     The Association and Gifford Pinchot National Forest officials offer the following safety tips:

     ** At a tree farm, watch out for tree stumps, uneven ground and sharp saws.

     ** When sawing, get someone to gently push toward the side of the tree opposite the cut to keep the saw from binding.

     ** When going into the forest, leave early. The sun sets very early, and it may take longer than expected to find the perfect tree.

     ** Be prepared for winter weather conditions. In the Pacific Cascade Range, weather changes rapidly. Carry extra clothing in case hikers get wet, as well as extra jacket, mittens or gloves, hat and scarf.

     ** Tell someone you will be gone, where you are going and when you expect to get back. make sure all cell phone batteries are fully charged.

     ** Take a first aid kit with you, in the car and on your person.