Urban growth hearing set Nov. 28, 29
Alice Perry Linker
staff reporter
After nearly a year in the making, the final plans for Clark County’s future growth will be discussed during public hearings set for Tues.-Wed., Nov. 28-29, in the county commissioners’ hearing room.
The joint planning commission-commissioners hearings will begin at 6:30 p.m. both days. Landowners, other individuals and representatives from the cities are expected to testify.
Spokespeople for the north county cities said that they are fairly satisfied with the growth management areas assigned by the county, although Dale Miller, La Center planner, said his city would like additional industrial zoning.
Miller said that 152 acres west of I-5 are designated as tribal lands where the Cowlitz Tribe hopes to build a resort-casino. Should that happen, the city’s designated industrial land will be reduced. Miller said the 152 acres could generate up to 600 jobs.
An area west of I-5 and south of La Center’s 309th Street boundary has been designated industrial reserve, but the land does not lie within any city’s urban growth area at this time. Ridgefield had also asked to include part of that property in its industrial land.
“We need to better define that transitional area,” Miller said. “More industry means diversity. Industrial lands give an opportunity to diversify. The city is excited about that opportunity.”
Ridgefield and La Center have signed a memorandum of understanding agreeing that the dividing line should be properties around 299th Street.
Clark County long-range planner Marty Snell said the two cities and Clark County will eventually develop a plan for the urban reserve lands.
“We’ll use physical features, such as riparian corridors,” Snell said.
The City of Ridgefield had originally requested that its urban growth area extend as far north as La Center Road and as far south as land near the Clark County Fairgrounds, but it did not challenge the county’s decision to place the La Center Road area inside La Center’s urban growth boundary. Property along I-5 south of the city’s urban growth area has also been placed in urban reserve.
Ridgefield interim city manager Justin Clary said the staff is fairly satisfied with the final results.
Battle Ground planner Brian Carrico said the plan includes “the majority of the lands we requested.”
An exception is property to the south of the city, designated by the county as urban reserve. Carrico said landowners in that area did not want to be included in the urban growth boundary.
The county has been working on a projected population growth of 2 percent countywide for the next 20 years and has established urban growth areas to provide for that projection. The population is projected to grow from 391,500 in 2005 to 584,300 in 2024.
The county commissioners have said they want to see a population-to-jobs ratio of less than two-to-one by 2024.
Agriculture lands are expected to change during the next 20 years, as the county commissioners have designated areas south of Battle Ground and along the Chelatchie Prairie Railroad as future industrial land.
The county will analyze all agriculture lands in 2007, according to long-range planner Marty Snell.
Maps of the urban growth areas may be seen at Battle Ground, Ridgefield and La Center city halls and the Yacolt Town Hall. They may also be seen on the county Web site: www.clark.wa.gov/longrangeplan/review/index.html.

Electric rates will not change in 2007
No rate increase since April 2003
Residential electric rates in Clark County are expected to remain unchanged for a fourth consecutive year under a budget proposal for 2007 studied last week by the commissioners of Clark Public Utilities.
Rick Dyer, utility director of finance, said that the last residential rate increase was in April 2003. Residential electricity sales are estimated at 58 percent of total utility revenues.
Utility spokesman Mick Shutt said the utility will spend about $271 million in the new year to purchase or generate electricity. About $94.4 million will be spent to purchase some 3.3 billion kilowatt-hours of power from Bonneville, and $154 million will be spent to generate about 1.3 billion kilowatt-hours at the utility’s River Road generating facility.
About 70 percent of the utility’s power needs in 2007 will be acquired from Bonneville, said Shutt, up from about 66 percent this year. Generation at the River Road plant is estimated to decline from 1.4 billion kilowatt-hours forecast in the 2006 budget.
The draft budget shows 365 employees for electric and water systems, an increase of six people from the 2006 budget and an increase of 16 people from the current employment level. Actual employment at the utility this year stands at 348.5 people. Employment in the electric system is expected to be 333 people.
The budget includes $1.8 million for energy conservation programs, up $1.3 million from 2006, and $2 million for energy conservation loans.
The utility now serves about 176,000 electric customers, a number that is expected to grow by 2.5 percent in 2007.
In all, the budget shows $367 million in revenues and $358 million in expenditures for a surplus of about $9 million.
Construction spending in 2007 is estimated at $29.9 million, up from $24.1 million in 2006. About $2 million in projects were deferred from 2006 to 2007.
Shutt said additional office space will be constructed at the utility’s Ed Fischer Operation Center in Orchards where some employees are currently housed in temporary buildings. The addition of 7,000 to 10,000 square feet of office space at that location has a price tag of $1.6 million, said Shutt.
Construction projects also include a new substation in the Lacamas Lake area near Camas, replacement of an aging substation transformer, and upgrades to other facilities.
Shutt said the utility continues its tree trimming program in an effort to reduce power outages.
The proposed 2007 budget includes $2.9 million for tree trimming, up about $780,000 from 2006. The utility hopes to trim 520 miles of roads in the new year.
Shutt said power outages have declined in recent years. In 2005, said Shutt, power outages averaged 37 minutes per customer (total minutes of outages divided by total customers). That number was 62 minutes in 2001, 24 minutes in 2002, 36 minutes in 2003 and 101 minutes in 2004. Some 63 minutes of the 101 minutes in 2004 was attributed to one storm, said Shutt.
Through October of this year, the utility has experienced outages averaging 24 minutes per customer.
The budget predicts growth in the appliance repair program, with repair jobs estimated at 3,800 in 2007. The budget predicts a net profit from appliance repair of about $1,400 in 2007.
Water system growth
Utility staff have proposed a water rate increase to balance the utility’s water system budget.
Dyer proposed a water rate increase of 12 percent in 2007 which would increase the average bill by $2.82 per month. Other water system budget changes are proposed in addition to the rate hike to balance the $11.2 million water budget.
Water system operating expenditures are expected to increase to about $5.4 million, up from $5.1 million in 2006.
The draft budget for the utility’s water system predicts growth to 29,954 customers in 2007, up about 2.5 percent from 2006.
Construction is planned on a new reservoir to relieve arsenic in wells in northwest Clark County. Water supply is to be added with two new wells constructed elsewhere in the system.
Shutt said comments on the utility budget may be submitted to the commissioners at any time. Adoption of the 2007 budget is slated for Tues., Dec. 12.
More information is available from Mick Shutt, 992-3238.

Man sentenced in phony software case
Heidi Wallenborn-Cramer
News director
Scott Laney, 35, a former resident of Battle Ground, was sentenced Nov. 29 to five years in prison, three years of supervised release and restitution of $9.4 million for conspiracy to traffic counterfeit labels and computer program documentation, and conspiracy to engage in money laundering.
U.S. District Judge Franklin D. Burgess sentenced Laney following his guilty plea to both charges entered Feb. 23, 2006. Laney now lives in Utah, officials said.
In addition to the prison sentence and restitution, Laney forfeited his residence at 23501 NE 120th Court, Battle Ground, and about $640,000 in cash.
Officials said Laney is scheduled to self-surrender after the first of the year.
Court documents state that Laney and Tobias Grace, 30, managed and supervised the criminal activities of at least 11 individuals and entities who were involved in preparing and distributing counterfeit and counterfeit-labeled software.
According to court documents, Laney, and Grace of Vancouver, conspired in the sale of Microsoft software with fraudulent licenses. Some of the software was originally labeled “Academic Edition--Not for Resale,” and others were labeled “Original Equipment Manufacture.”
Laney and Grace obtained the software well below wholesale prices, according to court documents, and labels and licenses were altered to make the software appear to be a full retail product. It was then resold to the public at prices near retail value.
In other instances, software licenses for expensive server software products were altered to authorize a larger number of users than originally provided for, and resold to the public, said court documents.
Laney admitted he sold as much as $20 million in counterfeit-labeled software or software licenses, officials said.
Officials said Laney committed these crimes while a resident of Battle Ground. He lived in Battle Ground from 2000 until earlier this year, officials said. The crimes were reportedly committed between 2000 and August 2004.
Records show that Laney and Grace set up companies to re-label and sell software. As much as $35 million passed through their bank accounts in connection with the scheme. At warehouses raided in the case, agents reportedly found as much as $65 million in software.
Officials said an undercover investigator working for Microsoft purchased software with counterfeit licenses from one of Laney’s companies in 2003 and on other occasions. Microsoft sent the company a letter warning them to cease and desist, but the activities continued, said officials.
During the investigation, officials seized currency at 23501 NE 120th Court, Battle Ground.
Officials said Laney used several warehouses in the commission of the crimes, including facilities located at 12019 NE 99th St., Vancouver, 6115 E 18th St., Vancouver, 9006 NE 117th Ave., Vancouver, 3315 NE 112th Ave., Vancouver, 6518 NE 47th St., Vancouver, 237 NE Chkalov Dr., Vancouver, 7929 NE St. Johns Blvd., Vancouver, and 35811 NE Lewisville Highway, Yacolt.
Others charged in the case include Tom Polmatier, 39, Shawn Stockford, 36 and Arlyn Maldonado, 30, all of Vancouver, Grace’s sister, Arnica Grace, 29, of Texas, and several residents of California.
Laney’s attorney, Richard Troberman of Seattle, argued in a Nov. 20, 2006, memorandum, that Laney should be sentenced to 36 months in prison. Troberman wrote that software manufacturers suffered losses in the scheme, not consumers, and that the monetary value of the offenses were inflated. Troberman said those buying software from Laney and Grace were satisfied or their money was refunded.
Troberman wrote that Laney lived in South Carolina between ages 7 and 9, then moved with his family to Florida until he was 19. His parents live in Florida, Troberman wrote.
Laney attended Rick’s College in Idaho (now BYU-Idaho) but did not earn a degree. He went on a two-year mission with the Church of Latter Day Saints, then married and moved to Austin, Texas, where he started a computer repair store.
In 1999, wrote Troberman, Laney and family moved to Washington and lived in Battle Ground until July 2006. Laney, his wife Bethany, and their five children ages 2-10 now live with Bethany’s mother in Utah, according to Troberman.
Troberman described Laney as a devout Mormon. and active participant in his church. Troberman said Laney could be excommunicated from the Mormon Church due to his crimes. Troberman wrote that Laney would not have engaged in his illegal conduct had he realized and understood the consequences.
Troberman also contended that Grace was the “brains behind the business,” and that Laney took directions from Grace. Troberman also wrote that Laney sold his share of the business to Arlyn Maldonado.
In seeking a lengthy sentence for Laney, assistant United States attorney Annette Hayes said “Total losses suffered by U.S. industries due to their products being counterfeited are estimated at $200 to $250 billion a year, costing 750,000 jobs.”
Grace is scheduled to be sentenced on Jan. 19, 2007.
The case was investigated by the FBI, Immigration and Customs Enforcement and IRS Criminal Investigations.

Huber takes public works job
Alice Perry Linker
staff reporter
A civil engineer who worked in the drinking water program for Vancouver has become Woodland’s public works director.
Elaine Huber, a civil engineer who was employed by Vancouver for more than 16 years, started her new job Nov. 20.
“I like Woodland,” she said. “I feel drawn to Cowlitz County, and I have a nice feeling about Woodland.”
A native of Seattle, Huber holds a civil engineering degree from the University of Washington. She’s single with no children.
“I have seven nephews,” she said.
Huber said she enjoys spending time with her friends and family, working in her yard and hiking.
“I like to get outdoors when I can squeeze it in,” she said.
“I got interested in engineering because you’re building things, and you see the result,” she said. “I enjoy natural-type things, and civil engineering lends itself to being outdoors.”
Huber is a registered professional engineer with the state and a state certified drinking water operator. She served as a lieutenant in the U.S. Naval Reserve Civil Engineer Corps from 1986-1990.
“She brings a wealth of knowledge to the position,” said Woodland Mayor Doug Monge. “Her experience includes drinking water, development review, project design for water and wastewater, and experience with the U.S. Forest Service in road, bridges, campgrounds and other facilities.”
As public works director Huber will earn $5,973 monthly, with an annual cost of living increase. The city will provide the new director with a vehicle for use while she is on duty.
Huber said she believes Woodland’s biggest challenges involve the issues caused by rapid growth. Increasing traffic will require study and management, she said, and other infrastructure issues, such as storm water and wastewater treatment, present challenges. She said continuing organization and planning with the development community will help the city face the challenges.

Cowlitz, Kiewit settle contract squabble
Cowlitz Public Utility District will pay Kiewit Pacific Company an additional $3.9 million for repair work at the Utility’s Swift No. 2 power canal in an agreement finalized Nov. 29.
The power canal was damaged in April 2002 when the canal embankment failed and water, soil and rock inundated the powerhouse and adjacent SR-503.
Kiewit was awarded a $28.8 million contract in July 2004 to rebuild the canal.
In May 2006, Kiewit filed a lawsuit, seeking $14 million above the contracted amount for its work at Swift.
The Nov. 29 agreement was reached at a settlement conference. Under the agreement, Kiewit affirms its warranty obligations.
“The PUD is satisfied with this agreement,” said Utility general manager Brian Skeahan. “We think we negotiated the best possible settlement for our customers and are glad to have this chapter of the Swift repair process behind us.”
Swift No. 2 provides 10-15 percent of the power that the utility sells to residential, commercial and small industrial customers. The plan was placed in full-time operation in January 2006.

Kalama homes dress up for Christmas tour
 Four homes on Green Mountain will be decorated in Christmas finery for a tour Thurs., Dec. 7, noon-9 p.m.
The guided, chauffeured tour will begin at Kalama Fire Station 5, 415 Todd Rd, near I-5 exit 27. The $6 cost includes transportation to each home.
Sponsored by the 40-member Amalak Women’s Club, the tour had been held every alternate year since 1978, said Shirley Lowman, chairwoman of this year’s event, “Christmas on the Mountain.”
Each home on the tour is decorated in an individual style. The home of Janet and Gary Oyer will feature a Christmas tree decorated with fresh flowers, while the arts and crafts style home of Diana Amren will have two large decorated trees in the main areas and additional trees throughout the house.
Guy and Dianne Gullino’s home will be decorated with a variety of gingerbread items in the kitchen and breakfast areas of the great room. A collection of quilts, including a Christmas quilt, will also be displayed. The old-world European home of Conni and Jeff Kockritz, built two years ago, will feature large decorations throughout and a tall Christmas tree on each floor.
A committee of members has been working with homeowners to develop themes and design the decor. Volunteers will assist in putting up Christmas trees, lights and swags that may run along bannisters or mantles.
Each year the themes vary, Lowman said, and often there are unique or ethnic decorations. One year, a home featured an Asian-style decor, she said. Some homes are lavishly decorated with a Christmas tree in each room, and all feature exterior lights.
“This is a really fun time,” Lowman said.
A bazaar at the Fire Station is open to the public at no charge, and a lunch of vegetable soup, bread and cookies will be served noon-3 p.m. Cost of lunch is $5. The bazaar will feature a variety of Christmas decorations--swags, wreaths, candles and ornaments. Bazaar customers are not required to take the tour.
The Amalak Women’s Club started the home tours on Thursday nights, the club’s meeting night. Lowman said club members did not want to compete with other home tours.
“Thursdays work really well,” Lowman said. “People can come after work because we’re open until 9.”
Between 250 and 300 people are expected to take the tour, she said. Proceeds from ticket sales go toward the charitable projects of the women’s club, including a $1,000 scholarship. The club also buys books for the library and supports needy families, Lowman said.
For information or directions, call Lowman at 360-673-4071.