NISQUALLY
NEWS BRIEFS Moment of silence requested April 26 Q Roy Mayor Karen Yates is asking for a 26-second moment of silence Monday, April 26. Proclaimed Domestic Violence Awareness Day, a moment of silence is called upon by all citizens, employees and city officials to remember Crystal Judson, who was killed April 26, 2003, by her husband, Tacoma Police Chief David Brame. Yates said Domestic Violence Awareness Day allows everyone to “reflect upon our individual responsibility as community members to help end the epidemic that is domestic violence.”
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FRIDAY, APRIL 16, 2010
Ruling sinks Knight’s lawsuit against city
Land Trust seeking volunteers Sat. Q The Nisqually Land Trust is seeking volunteers this weekend to help remove non-native plants at the Elledge Property in Yelm and prepare the site for its first planting scheduled for next fall. The cleanup is 9 a.m. to noon Saturday, April 17. The Elledge Property is a section of property near Yelm along the Nisqually River. The majority of the area owned by the Nisqually Land Trust is nearly 100 acres of mixed species woodland with a huge variety of wildlife. To RSVP and receive directions to the site, e-mail Joe Kennedy at landsteward@nisquallylandtrust.org
Home and garden show next weekend Q The Nisqually Valley Home, Garden and Trade show is all day April 24-25 at Yelm High School. Hours are 8:30 a.m. to 5 p.m. Saturday and 10 a.m. to 4 p.m. Sunday. Various events include musical performances and presentations in gardening, home staging and more. Parking and admission is free. Subscriber mailing label below this line
Photo by Megan Hansen
Bill Magno hopes someone will come forward with his lost money.
NVN File Photo/2008
Part of Tahoma Terra remains undeveloped, partly due to the legal troubles.
Channeler must pay city’s legal costs, court says By Megan Hansen Nisqually Valley News The Washington State Court of Appeals overturned JZ Knight’s petition of five area subdivisions Tuesday and it’s going to cost her. “We affirm the challenged prelimi-
Book donation costs Yelm man his life savings
nary subdivision approvals, reverse the trial court, dismiss Knight’s LUPA petition for lack of standing and award attorney fees and costs to the city and Tahoma Terra,” the decision states. The case was reKnight g manded back to the original hearing examiner’s decision and Knight will have to pay “reasonable” court costs for the city and developers.
By Megan Hansen Nisqually Valley News When Bill Magno donated items to a garage sale, he didn’t know he was handing away his life savings. Some friends came to collect some items for the sale, held Saturday. Magno said he told them they could take his videos and books. Inside one of the cookbooks, however, were envelopes containing thousands of dollars. Each time he got to $1,000, Magno said he’d start a new envelope. He estimates he had six or seven envelopes tucked inside the cookbook. “I never thought for a moment it’d disappear
See LUPA, page A7
See MISSING page A7
Bypass work kicks off with groundbreaking By Megan Hansen Nisqually Valley News Monday was a great day for Yelm as state and community leaders broke ground on the much-anticipated Yelm Bypass. Representatives from all walks of life including Washington State Department of Transportation, the City of Yelm, Washington State Patrol and Washington Legislature gathered to celebrate. State Representative Tom Campbell said he was proud to be one of the people to help secure funding for the project. While the first phase of the project is
fully funded, the second phase is currently unfunded. “I’m with it for the long haul,” Campbell said. “I’ll be fighting hard to ensure funding comes for the second phase.” “This is a great day and I’m proud.” Phase one of the project starts at Mud Run Road, where the city will have its first roundabout. The construction bid for the project came in at $4.1 million, 53 percent less than the engineer’s estimate. See BYPASS, page A7
Photo by Megan Hansen
Ron Harding addresses the crowd at the official Yelm Bypass yp g groundbreaking. g
Rainier school chief fears ‘district consolidation’
INDEX LOCAL NEWS ........................ ........................A2-A3 A2-A3 OPINIONS.................................... OPINIONS .................................... A4 BUSINESS ................................... A6 NEWS OF RECORD.................... RECORD.................... A8 SUDOKU ...................................... A8 VALLEY LIFE ............................... B1 FOOD ........................................... B2 RELIGIOUS COLUMN ................. B3 OBITUARIES ............................... B3 MOVIE REVIEWS ........................ B4 SERVICE DIRECTORY ............... B6
By Melanie Lockhart Nisqually Valley News Full impact of the state’s supplemental budget on local schools isn’t known yet, but school superintendents agree it looks better than what they were anticipating. Financially, at least.
“We don’t believe it will be as impactive as it could have been,” said Andy Wolf, superintendent of Yelm Community Schools. “We feel that we had planned accordingly.” Wolf said Thursday the district expected large spending cuts this year after districts felt
the pinch of last year’s budget. At that time, the future looked grim. “We believe we are in a situation where we can really manage it. We worked really hard this year to build our fund balance to be able to accommodate any cuts,” Wolf said.
Wolf said the district will continue to prioritize, putting the students first. “Our goal right now is to maintain our programs in Yelm and not have to delete or take away from our current proSee SCHOOLS, page A2
Yelm going digging Rainier middle schoolers for additional water are ‘happy to be home’ By Megan Hansen Nisqually Valley News Water, water everywhere and not a drop to drink? The City of Yelm is hoping to disprove just that as they venture forward with drilling an 800-foot well in Tahoma Terra. Yelm council approved an agreement with Golder and Associates for consulting and
well drilling for Southwest Well No. 2 in the amount of $615,223. Drilling should begin this summer and will be located in the Tahoma Terra development near the community park. The property the well is being drilled on is currently See DIG, page A7
By Melanie Lockhart Nisqually Valley News Spring break is exciting enough by itself, but the excitement for students and staff at Rainier Middle School continued this week when they returned to their school facility for the first time in five months. “It’s great,” said Rainier Middle School Principal Chris
Pollard. “As soon as the kids and staff started coming in, you could just feel the pressure go away. As they came in, there was just a different face — very happy and very relaxed.” “There have been a lot of positive words from the kids. They are just happy to be See HOME, page A2
SPORTS ................................ C1-C2 LEGAL NOTICES .................. C3-C6 CROSSWORD PUZZLE .............. C6 CLASSIFIEDS ........................ C7-C8 REAL ESTATE................. ESTATE.................C2, C2, C7-C8 88th Year, Issue No. 15
Yelm police say leasing plan will save money By Megan Hansen Nisqually Valley News The City of Yelm is changing its leasing option when it comes to new vehicles for the police department. Typically the department leases two cars a year, on a three-year agreement, through Ford. This year, they’re pinching some pen-
nies and leasing through the state. Yelm Police Chief Todd Stancil said the move will save hundreds of dollars in interest. Finance Director Sue Davis said cities get together like a co-op and petition the state for funding for various purchases they need to make. The state will then issue a bond in the
amount needed. The city will probably be saving around 2.5 percent over three years, Davis said. “In the past we would send out bid requests to at least five Ford dealerships,” Stancil said. He said he thought this process would See LEASE, page A2
Nisqually Valley News, Friday, April 16, 2010 A7
BYPASS: Groundbreaking a good day for Yelm Continued from page A1 It was awarded to Kent-based Scarsella Bros. on Feb. 24. “Great job coming under bid,” said State Representative Jim McCune. “We really appreciate the extra money.” Though not all the allotted money will be used on construction of phase one, the money might not stay within the project, said Neal Uhlmeyer, project engineer for the Washington State Department of Transportation. Several things could happen, he said. The money could go to cover other potential projects funded through the Transporta-
tion Partnership Program (gas tax), or it could allow the state to decrease the amount of funding it invested in the project. After nearly 20 years of working on the bypass and four mayors, Yelm Mayor Ron Harding said he’s happy to be the mayor who reaps all the benefits. While the project is a state project, it has such great benefits to the city, they said they felt it was important to stick close. “This is just the beginning, not the end,” Harding said. Construction will include some work that will cause some lane closure on State Highway 510 at Mud Run Road off and on
throughout the life of the project, Uhlmeyer said. However, there are restrictions to when traffic can be impeded; 8 p.m. to 5 a.m. Monday through Friday and 9 p.m. to 7 a.m. Saturday. The only time traffic will be disrupted during regular daylight hours, Uhlmeyer said, is when some trees will be taken down. The goal of building the bypass is to reduce congestion on Yelm Avenue and First Street, and improve freight mobility, safety and traffic circulation through the City of Yelm. The new road allows traffic to move more efficiently be-
Photo by Megan Hansen
City of Yelm officials break ground on the Yelm Bypass.
tween Spanaway, Roy and McKenna in Pierce County and des-
tinations in Thurston County, according to WSDOT.
MISSING: Man hopes life savings gets returned Continued from page A1 from the house,” Magno said. “I didn’t know they were going to take the book.” “I didn’t take much notice. Later I realized, but it was too late.” Magno, who’s in his 70s, had been selling personal items and saving the money to cover medical bills and his move next month to Australia. “It’s all the money I have,” Magno
said. “These things happen. I’m trying not to get too distressed by it.” Magno thinks that whoever purchased the book might have stuck it on a bookshelf without looking inside. He said he hopes someone will hear he’s looking for his money and return it. “I would like to think most people would turn it in,” he said. “I’m trying to stay optimistic that it’ll all turn out.” The garage sale was to benefit the
start of a new education co-op called Freedom School in Rainier. It was held 9 a.m. to 3 p.m. Saturday at 206 Minnesota St. in Rainier. Magno knows the envelopes were in a thicker cookbook, though he’s not sure what the title was. Freedom School co-founder Diane D’Acuti said she feels so bad about the incident and hopes the money can be recovered.
“He was so beautiful about it,” she said. “Hopefully they (whoever has the cash) have a part in their heart to return it.” Magno said he’d be willing to compensate the person if they return the money. ■ Anyone with any information about the missing money call Bill Magno at 360-894-3778.
DIG: City looking for aquifer 800 feet below ground Continued from page A1 owned by developers, but within its master plan is an agreement to gift the property to the city. Yelm Mayor Ron Harding said if for whatever reason those plans don’t move forward, the city can always condemn that property. Drilling the well is part of the city’s ongoing plan to secure water rights. The city’s current well is pumping at capacity and when the city secures additional rights, they will need another well to pump them, Harding said. Having an accessible water source
can also be used as leverage in securing water rights. “The world of water is so complex, you can’t sit around and wait for a decision,” Harding said. Golder will drill 800 feet in an attempt to access a deeper aquifer. The city is required to draw from a deeper water source. “The idea is to get into that untapped source of water,” Harding said. “There’s always a possibility we drill and not hit water.” If water is found, it can become a working well. This well will also have a 300-foot cement seal to ensure it does
not impact private wells in the area. The city tried to approach the project of addressing any concerns that might be brought up, Harding said. One of those concerns was whether or not the well could impact the levels of private wells in the area. A standard seal depth on a municipal well is 18-20 feet, said project manager Stephanie Ray. The city will be digging in an aquifer lower than the aquifer most private wells are tapped into. “It’s just strengthening the integrity of the well,” Ray said. “It’s just good planning on the city’s part.”
Schematic shows the levels of drilling.
LUPA: Court decides Knight has no legal standing Continued from page A1 “I think the issue was we had a simple land use acquisition that got manipulated to an anti-growth, water issue,” Yelm Mayor Ron Harding said. “It wasn’t the appropriate venue to answer those questions.” “I think we’re vindicated in the fact that part of the case was being made into something it wasn’t.” When contacted about the ruling, Knight spokesman Steve Klein referred to a statement Knight posted on her Web site. “Our attorneys are reviewing the decision and evaluating options,” she said. Knight filed an appeal under the Land Use Petition Act in 2008 arguing that the subdivisions should not be granted preliminary plat approval without proving there’s enough water to supply the development. She claimed the developments
could injure her senior water rights and adversely impact the flow of groundwater that supports her wells and Thompson Creek. Under LUPA, the decision states Knight has not demonstrated that she will be “specifically or perceptibly” harmed by the plat approvals themselves. “Knight lacks standing to challenge the preliminary subdivision approvals at this time,” the decision states. The original appeal, which made it to Thurston County Superior Court under the Land Use Petition Act, was remanded back to the City of Yelm. The city was supposed to amend the hearing examiner’s decision to delete ‘/or’ to make clear that the city must have water available no later than final plat approval. The hearing examiner had granted preliminary approval of five proposed subdivisions with the condition that “the applicant
must provide a potable water supply adequate to serve the development at final plat approval and/or prior to the issuance of any building permit ...” The city filed an appeal against the decision, even though they said it didn’t really change how the city operated. “RCW 58.17.150(1) requires that Tahoma Terra provide adequate potable water to serve the subdivision for those applications,” the decision states. “Recognizing this, the examiner conditioned preliminary approval on Tahoma Terra’s ability to do so. Although his condition contained the now disputed ‘and/or’ language, the record demonstrates that all parties understood and agreed that this
condition required this showing at both final plat approval and building permit approval.” When the initial decision had been made, both parties felt as though they won. “That’s why it was really important for us to file this appeal,” said Mayor Ron Harding.
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“It cleaned up questions.” While this latest court ruling is a victory for the city, the area is still reeling from the lawsuit. “Knight’s already caused the damage with some of these developers,” Harding said. “Some of them have had to file bankruptcy.”
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VALLEY NEWS
SPORTS
Postal workers to collect canned items Q Letter carriers in Yelm and Rainier will be collecting nonperishable food donations along their routes Saturday for delivery to local food banks. To donate, just place items by your mailbox before the mail is delivered. The McKenna Post Office will have a donation box at the office for the Roy Food Bank.
www.yelmonline.com
Four laptops stolen from Yelm home Q Four laptops including three Dells and a Toshiba laptop were stolen from a home Wednesday, April 28. The items were taken between 9 a.m. and 2 p.m. from a home in the 10400 block of Yelm Highway. A Wii console and remote were also taken. The estimated loss is $1,300.
FRIDAY, MAY 7, 2010
Knight facing $195K bill for failed lawsuit
WasteMobile coming to Rainier May 15 Q Thurston County is sponsoring its spring hazardous waste collection events for residents to safely dispose of hazardous household products May 15 at Rainier High School. Items accepted include oilbased paints and stains, adhesives, thinners, solvents, pesticides, batteries, antifreeze, motor oil and filters, cleaners, pool and hobby chemicals, fluorescent light bulbs and tubes, propane cylinders and other home generated hazardous materials. Only containers of five gallons or less are accepted. WasteMobile does not accept latex paint, empty containers, business waste, medical wastes, explosives, ammunition, radioactive materials, smoke detectors, electronics, garbage, yard waste or appliances. Residents who miss this event can always take hazardous household materials to HazoHouse, 2418 Hogum Bay Road N.E. near Lacey. Hours are 8 a.m. to 5 p.m. Friday through Monday.
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By Megan Hansen Nisqually Valley News Yelm channeler JZ Knight’s failed lawsuit against the City of Yelm may cost her more than $195,000. Both the City of Yelm and developer Tahoma Terra, LLC filed claims for attorney fees and court costs. Yelm’s claim is a little more than $93,000 while Tahoma Terra’s claim is more than $101,000.
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Combined Knight may have to pay $195,000 and some change. The Washington State Court of Appeals in Tacoma overturned Knight’s petition of five area subdivisions last month. “We affi rm the challenged preliminary subdivision approvals, reverse the trial court, dismiss Knight’s LUPA petition for lack of stand-
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Yelm lifts permit suspension
Photo by Megan Hansen
Yelm Police Chief Todd Stancil directs traffic off Yelm Avenue around a two-car accident Wednesday afternoon.
T-bone crash blocks Yelm Ave. A two-car collision on Yelm Avenue blocked traffic for about an hour Wednesday afternoon. At about Oseceola Winegard, 81, of Lakewood, was turning left onto Yelm Avenue from Longmire Street about 1:30 p.m. She pulled out in front of Nicole A. Simpson, 20, of Yelm, who was driving a Volkswagon Jetta.
It was the “perfect t-bone,” said Yelm Police Chief Todd Stancil. Simpson was transported to Providence St. Peter Hospital in Olympia with possible broken bones. Winegard was uninjured. Traffic was detoured off Yelm Avenue at Longmire and back onto the road at Solberg Street.
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By Megan Hansen Nisqually Valley News The City of Yelm has lifted the suspension on the processing of building permits. Because the city created a mandatory irrigation budget, the water system is receiving an additional 47 connections from the state Department of Health. Yelm officials were waiting to see if their conservation program would earn them additional connections on their water system. While they waited they temporarily suspended the processing of building permits. The city’s capacity is determined by its highest amount of water used on its highest capacity day, said Yelm Mayor Ron Harding. By creating the mandatory water budget, the city’s maximum use on that day will be lower than their capacity. The city has 47 connections above what they it currently allocated this year. When the city issues a build-
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Trial canceled for councilman, wife If the Hendricksons and their daughter do not commit a criminal or traffic violation, violate a no-contact order and refrain from contacting their victim, the assault charges will be dismissed. The three must each pay a $250 fine and complete anger management treatment. The three were arrested in March after a confrontation with Bancroft’s estranged husband Mike Bancroft turned violent.
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Heidi and Mike Bancroft were having a confrontation regarding him removing personal items from the home. Mike Bancroft said his estranged wife was staying in the residence and that she came home to find him packing some of his belongings. Heidi Bancroft shoved Mike Bancroft.
Cosmos, impatiens, zinnias, wax begonias, alyssum, lobelia, marigolds, petunias, snapdragons, violas, tomatoes, peppers & cold crop veggies
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YPD shuts down bars for fighting Sex offender INDEX LOCAL NEWS ........................ ........................A2-A3 A2-A3 OPINIONS.................................... OPINIONS .................................... A4 BUSINESS................................... BUSINESS ................................... A6 MEETINGS CALENDAR.............. CALENDAR.............. A7
By Megan Hansen Nisqually Valley News Yelm police shut down three downtown bars early Sunday morning after patrons started causing too many problems. Chief Todd Stancil said his officers responded to three separate fights outside Wayne’s Pub, Willoughby’s and the Pit Stop around 1 a.m. Sunday. All three bars are located on Yelm Avenue between First and Second Street near the main
intersection in town. “In the interest of public safety we decided to close down the bars,” Stancil said. “It’s unacceptable to get to the point where we have to close the bars down.” Each bar was contacted about the decision and Stancil said each was cooperative and understanding about why it was happening. Saturday night wasn’t like normal nights, See BARS, page A7
VALLEY LIFE ............................... B1 RELIGIOUS COLUMN ................. B3 OBITUARIES ............................... B3 MOVIE REVIEWS ........................ B4 SERVICE DIRECTORY ............... B7 NEWS OF RECORD.................... RECORD.................... B8 SUDOKU...................................... SUDOKU ...................................... B8 SPORTS ................................ C1-C2 LEGAL NOTICES .................. C4-C7 CROSSWORD PUZZLE .............. C7 CLASSIFIEDS........................ CLASSIFIEDS ........................ C8-C9 REAL ESTATE..................... ESTATE..................... C8-C10 88th Year, Issue No. 18
Yelm welcomes sister city Lacey for Arbor Day
See FUN, page A8
Photo by Megan Hansen
Rick Roberts, left, and Yelm Mayor Ron Harding plant a flowering dogwood near city hall.
Arbor Day winners The following students won the Yelm Arbor Day Art Contest for their grades: Arlene Ubiles, Angela Pace, Xanna Davis, McKenzie Fukerson, Derek Werner, Kylee Rocke, Briana Johnson, Karisa Maresh, Sheridan Lantz, Trisha Summers, Jane Lee, Alex Bachmeier, Jessica Crosby
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By Megan Hansen Nisqually Valley News The City of Yelm celebrated Arbor Day and its 14th year as part of Tree City USA. Friday’s celebration drew a crowd of about 50 despite looming rain clouds. Yelm Mayor Ron Harding presented a tree to Yelm’s sister city, Lacey. Lacey Mayor Tom Nelson attended the ceremony and accepted the tree on behalf of the City of Lacey. It’s a fun thing for the cities to do, Nelson said. “It’s a great opportunity for us as a city.” Each year the two cities exchange trees as
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released into community A newly-registered level II sex offender may be frequenting the Yelm area. Anthony J. McKague, 24, registered as a transient with the Thurston County Sheriff’s Office. Det. Daryl Leischner said McKague, who also goes by “AJ,” frequents the Yelm area. The sheriff’s office issued an g alert of McK- McKague ague Wednesday. On Oct. 8, 1998 McKague was convicted for committing lewd and lascivious acts with a minor in Riverside County, Calif. The conviction stems from McKague, at age 14, sexually assaulting a 7-year-old neighbor girl. He was made a ward of the state following this conviction. McKague is a white male, 5foot-7, 185 pounds with red hair and blue eyes. He is currently under community supervision. For information, call sheriff’s Det. F.M. Frawley at 360-7542894.
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By Megan Hansen Nisqually Valley News Yelm Councilman Russ Hendrickson and his wife, Yelm school board member Denise Hendrickson, will not face trial on assault charges. Charges of fourth-degree assault against the couple and their daughter, Heidi Bancroft, were continued for two years with stipulations.
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Nisqually Valley News, Friday, May 7, 2010 A7
MEETINGS GOVERNMENT Monday, May 10 • Yelm Parks Advisory Committee meets 8 a.m. on the second Monday of the month (except July, Aug. and Dec.) in the Yelm Public Works conference room, 901 Rhoton Rd. SE. • Roy City Council meets 7 p.m. on the second and fourth Monday of each month at Roy City Hall, 216 McNaught St. S. Call 253-8431113. • Port of Olympia Commission meets 5:30 p.m. on the second and fourth Monday of each month in the LOTT board room, on the second floor of the Market Centre Building, 111 Market St. N.E., Olympia. Call 360-528-8003.
Tuesday, May 11 • Thurston County Citizens
Commission on Salaries for Elected Officials meets 7 p.m. the second Tuesday of each month at the Thurston County Courthouse, Bldg. 1, Room 280. Call 360-7865498. • Roy Planning Commission meets 7 p.m. the second Tuesday of the month at Roy City Hall, 216 McNaught St. S. Call 253-843-1113. • Yelm City Council meets 7 p.m. the second and fourth Tuesday of the month at Yelm Public Safety Building, 206 McKenzie Ave. SE. Call 360-458-3244. • Rainier City Council meets 7 p.m. on the second and fourth Tuesday of each month in Rainier City Hall, 102 Rochester St. Public hearings start at 6 p.m. Call 360446-2265. • Tenino City Council meets 7:30 p.m. the second and fourth
Tuesday of each month in Tenino City Hall, 149 Hodgden St. Call 360-264-2368.
Thursday, May 13 • Bald Hills Fire District commissioners meet 7 p.m. the second Thursday of each month at Station 17 on Bald Hills Road. Call 360-458-2517.
Monday, May 17 • The Board of Fire Commissioners for Pierce County Fire District 17 and South Pierce Fire & Rescue 15 combined meetings are 7 p.m., every third Monday of the month. Held at Roy Library, 122 Third St., Roy. • The Planning Commission meets the third Monday of each month at the Public Safety Building.
Thursday, May 20 • Southeast Thurston joint board of commissioners, 7 p.m.,
the first and third Thursday at the Mill Road fire station.
Tuesday, May 25 • The Thurston Conservation District Board of Supervisors meet 3 p.m. the fourth Tuesday of the month. Meetings are held at the Thurston Conservation District Office, 2918 Ferguson St. S.W., Suite A, Tumwater. For more information call 360-754-3588.
the website www.southsoundseedstewards.org. • Rainier Lions meet the second and fourth Monday of the month at the Historical School or Rainier High School. For more information call 360-446-2974.
Tuesday, May 11
Monday, May 10
• Golden Paws 4-H Rabbit and Cavy Club has meetings on the second and fourth Tuesday of each month at 6:30 p.m. in Yelm. Bring your rabbit and learn more about breeding, care and showing. For more information call Audrey Todd at 360-400-0281.
• Seed Savers meetings are held the second Monday of every month at the Yelm Adult Community Center, 1653 – 103rd Avenue SE. Registration is from 6:00 to 6:45 p.m. For further information email S4secretary@fairpoint.net or check
■ To include your public meeting information or report changes, bring the information to 118 Prairie Park St., call 360-458-2681 or e-mail to yelmnews@yelmonline.com
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BILL: Knight faces $195K charge for lost lawsuit Continued from page A1 ing and award attorney fees and costs to the city and Tahoma Terra,” said court documents. The case was remanded back by the Court of Appeals to the original hearing examiner’s decision and Knight was ordered to pay “reasonable” court costs for the city and de-
velopers. Knight filed a motion for reconsideration based on several arguments including a statute that authorizes and awards fees only against a party that appeals beyond Superior Court. In her motion, Knight argues that she shouldn’t be required to pay court costs because the Appeals Court failed to address the merits of the
case, but rather based its decision on standing. Knight spokesman Steve Klein declined to comment and referred all questions to Knight’s attorney, Keith Moxon. Moxon did not return calls for comment by press deadline. The latest Knight appeal is disappointing, Yelm Mayor Ron Harding said.
CAPACITY: Building permits resume Continued from page A1 ing permit, a connection is set aside for that permit. “When you get a building permit we’re committing to serving that water,” said City Administrator Shelly Badger. Last year the city issued about 75 building permits and have issued 23 so far this year. The 47 connections should get them through the year, Bad-
ger said. Yelm’s current water system can have a total of 3,235 connections, said Regina Grimm, an engineer from the Washington State Health Department. Officials are also planning a downtown well remodel, which will help capacity as well. They are also digging a test well in the Tahoma Terra development to see if they can tap into a deeper aquifer.
That new well will also increase capacity. While the city is working to increase capacity on its water system, it doesn’t mean they can pump to capacity once they get it up. It’s a balancing act between water rights and having the capacity to use those water rights, Badger said. To acquire additional water rights, the city must have the system to utilize them.
BARS: Fighting leads to shutdowns Continued from page A1 said Willoughby’s owner Diana Willoughby. “There were a lot of new faces.” “There was a lot of people out there that night.” Willoughby said they called at least five cabs for people that night, some of them weren’t even their patrons. The issue of over serving was raised and Stancil said a report will be forwarded to the Washington State Liquor Control Board. Willoughby said her bar has a strict policy about over serving and checking IDs. The liquor board comes in regularly and the bar is always in compliance, she said. In the past it would be where one person would be cut off at one bar and leave and go to the next. Willoughby said that the bars communicate with each other if they stop serving someone. Sometimes it’s by phone and other times they go over in person, she said. However, sometimes on a busy night it’s difficult, she said. Willoughby’s manager Leticia Pitts was working Saturday night. She said none of her patron were involved in the fights, and that all the fights occurred from a different bar. “I definitely think that it was the right decision (to shut the bars down),” Pitts said.
CASE: Trial canceled for Yelm couple Continued from page A1 A little while later Russ and Denise Hendrickson arrived and got involved in the confrontation. Russ Hendrickson grabbed Mike Bancroft by the throat, according to police documents. Officers documented redness and scratches on his neck. He also said Denise Hendrickson reached over and slapped him. The three were arrested and booked into Nisqually Jail. They spent 14 hours in the jail.
The decision came just prior to last call. Willoughby’s opened the restaurant side of the business for early breakfast. Pitts said there were about 50 people in there sobering up.
“It’s a rare thing we have to shut down the bars,” Stancil said. “It was in the interest of officer safety and public safety.” “I heard one comment it looked like Mardi Gras.”
“It’s a little discouraging, but you got to fight the fight,” he said. In addition to her motion for reconsideration, Knight filed a motion seeking additional time to review the city’s legal expenses. “Granting Knight’s motion for additional time to respond to appellants’ costs bills is reasonable and fair in light of the pending motion to reconsider the award of fees, especially given appellants’ unreasonably large claims for attorney’s fees,” Knight said in her motion to reconsider. Knight hired Seattle appellate attorney Michael King on
April 29. In her motion, Knight argues that King will need time to review the record and prepare a declaration in support of her objections. She requests a 30- or 15-day extension after the court decides the pending motion for reconsideration. Both the city and Tahoma Terra filed a request to deny Knight’s request for more time. Yelm City Administrator Shelly Badger said the city is looking into whether or not the city can resubmit a claim with these additional filing and attorney costs if Knight loses her latest motion.
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NISQUALLY
2-day rodeo starts Saturday in Roy Q The annual spring Roy Pioneer Rodeo is being held at the Roy Rodeo Arena Saturday, June 5 and Sunday, June 6. Gates will open at noon. The rodeo starts at 1:30 p.m. both days. Admission is $10 for adults, $6 for seniors and $4 for children ages 6-12. Children 5 and younger get in free.
South Pierce to host rodeo feast Q South Pierce Fire and Rescue will host its traditional Cowboy Community Breakfast 7-11 a.m. Sunday, June 6 at the Roy Fire Station. Items on the menu include biscuits and gravy, pancakes, ham, eggs and beverages. Cost is $6 for adults and $3 for seniors.
VALLEY NEWS www.yelmonline.com
Charges referred for goat’s owner By Megan Hansen Nisqually Valley News There was mutton funny about a goat attack Saturday in the 12100 block of Morris Road in unincorporated Yelm.
A 58-year-old woman came outside at 9:30 a.m. to find a neighbor’s goat had gotten onto her property and was eating her apple tree. The woman said she picked up a plastic
LOCAL NEWS ........................ ........................A2-A3 A2-A3 OPINIONS.................................... OPINIONS .................................... A4 BUSINESS ................................... A6 NEWS OF RECORD.................... RECORD.................... A9 SUDOKU ...................................... A9 VALLEY LIFE ............................... B1 FOOD ........................................... B2 RELIGIOUS COLUMN ................. B3 OBITUARIES ............................... B3 MOVIE REVIEWS ........................ B4 SPORTS ................................ C1-C3 SERVICE DIRECTORY ............... C4 LEGAL NOTICES .................. C5-C8 CROSSWORD PUZZLE .............. C8 CLASSIFIEDS ...................... C9-C10 REAL ESTATE............... ESTATE...............B8, B8, C9-C10 88th Year, Issue No. 22
See GOAT, page A11
By Megan Hansen Nisqually Valley News The City of Yelm responded Thursday to Yelm channeler JZ Knight’s motion for reconsideration on having to repay more than $195,000 in attorneys’ fees and court costs. Knight filed the motion for reconsideration based on several arguments, including a statute authorizing and awarding fees only against a party who appeals beyond Superior Court. In her motion, Knight argues that, because the
$8K in electronics stolen from home
INDEX
planter and attempted to “shoo” away the goat, said Thurston County Sheriff spokeswoman Cheryl Stines. In response to the woman’s attempts at removing the goat, the animal became increasingly aggressive.
City responds to Knight’s plea to drop court costs
Q State Sen. Randi Becker, R-Eatonville, will hold a Second District coffee hour 2 p.m. Tuesday at Mr. Dougs restaurant in Yelm. The meeting, which will be informal and have no set agenda, is open to the public. Becker said she hopes to get citizens’ opinions and ideas to bring with her to Olympia for the 2011 legislative session. For more information call 360-786-7602.
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FRIDAY, JUNE 4, 2010
Hoofed harasser attacks neighbor
State senator plans coffee hour in Yelm
Q More than $8,000 in electronics, including computers and cameras, were reported stolen from a home Wednesday, May 26 in the 14600 block of 164th Lane in Rainier. Access to the home was gained after the homeowner left a window open a crack. Suspects were able to remove a screen and enter through the window.
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Photo by Melanie Lockhart
While Cochrane Park treats reclaimed water, it also provides a unique location for residents to visit.
‘Onerous’ DOE rules may pack wallop for Yelm By Megan Hansen Nisqually Valley News Proposed state guidelines regarding reclaimed water could potentially impact Yelm’s operations and ability to gain additional water rights. Yelm’s Cochrane Park is a water recharging site for reclaimed water. The reclaimed water is used for irrigation at parks and elsewhere in the city. The Washington State Department of Ecology is proposing the new guidelines and asking municipalities and reclaimed water facilitators to provide feedback. “It’s a very complicated rule,” said Yelm City Administrator Shelly Badger. “It’s very onerous,” she said. “We have tons of questions.” Public hearings are planned for the fall and the DOE said its goal is to adopt new guidelines by December. Ecology officials said they are holding public workshops to go over the proposed changes. A workshop was held last week in Lacey and the City of Yelm sent two staff members to attend. What is unclear, Badger said, is that some parts to the rule pertain to existing reclaimed water facilities, but other portions pertain only to new facilities. Part of the rule looks at including additional impact studies be-
More than a pretty park Cochrane Park is more than just a pretty piece of greenery and ponds. The park is actually a recharging site for Yelm’s reclaimed water facility and much more. Q Yelm’s reclaimed water system was completed in 1999. Q An average of 50,000 gallons of water is pumped through the park each day. Q Water polishing ponds are used as reflecting pools, fountains and a meandering stream. Q The water filters into the main pond, which adds nutrients, bugs and plant life. Q Cochrane Park was named after Louis and Mae Cochrane, who donated the land the park is located on in 1983.
fore constructing a facility or if a facility wants to change the use of some of the water. It’s unknown whether Yelm’s existing facility would have to go through additional hoops during its regular review process. Reclaimed water facilities require permits that are reviewed evSee RULES, page A11
state Court of Appeals did not address the merits of the case and based its decision solely on her lack of standing in the case, she should not have to pay the Knight g costs. Attorneys representing the city, however, are arguing that Knight’s motion is based mostly on See CASE, page A11
Rainier ready to sign Garchow as superintendent By Melanie Lockhart Nisqually Valley News Rainier School Board members completed superintendent contract negotiations with Tim Garchow and plan to seal the deal during the next regular board meeting. The meeting is 7:15 p.m. Thursday, June 17. School board Vice Chairman Dan Aschenbrenner said he expects the final part of the process to run smoothly and for the board to accept the contract. “As far as I know, we’re
a go,” Aschenbrenner said. “Tim is really looking forward to the job and the challenge, and we’re looking for wa rd to moving forward.” “I think change sometimes is a good Garchow thing.” Garchow is very community-minded, said Aschenbrenner, “which is See HIRED, page A11
Ex-councilwoman’s son jailed for theft By Megan Hansen Nisqually Valley News Yelm Police arrested the son of a former Yelm city councilwoman Tuesday in connection with stolen property that turned up in Centralia last week. Tim Hankins, 44, was arrested and booked into Thurston County Jail for residential burglary, firstdegree theft and trafficking stolen property.
He is the son of former Yelm City Councilwoman Pat Fetterly, who completed her last term in December. The arrest comes after a Centralia man, Robert Shawn Russell, 46, was found with more than $200,000 in stolen property last week in Centralia. See ARREST, page A11
Filing Week kicks off political season By Megan Hansen Nisqually Valley News Filing Week in Washington state is Monday, June 7 through Thursday, June 11. Filing Week is when candidates can officially launch their campaigns.
Candidates can file for office via the Internet, in-person or through the mail. Candidates could start filing via mail May 21. While some candidates See LAUNCH, page A11
Nisqually Valley News, Friday, June 4, 2010 A11
ARREST: Cops nab Yelm man in burglary
GOAT: Neighbor’s pet attacks woman Continued from page A1
Continued from page A1 Some of that property was connected with a Yelm burglary in early March. Yelm Police Chief Todd Stancil said he estimates $50,000 in tools were taken from Fetterly’s home on Edwards Street. Fetterly reported her dead husband’s tools were stolen from a detached garage. The tools were kept at her home, which Hankins was staying in. A month prior she entered the garage and found nothing missing. When she came back a month later she found a different lock on the door, Stancil said. She contacted a friend who came over with bolt cutters to open the lock. They got inside and found the place had been cleaned out, Stancil said. When Yelm police received word of Russell’s arrest, Detective Jared Geray went to Centralia to question him. Stancil said from the interviews they learned Hankins allegedly allowed Russell to come to the home and take the tools to pay off a debt. While Hankins was arrested, Stancil said it is unknown if he will be charged. Fetterly could choose not to cooperate with the investigation. “Whether he’ll be charged and sentenced really depends on (Fetterly’s) cooperation,” Stancil said. “(If Hankins is convicted of the crime) it could put him away for quite a while. Charges had not been filed against Hankins as of Wednesday, according to the Thurston County Clerk’s Office. Hankins already has several strikes against him, Stancil said. He just recently got out of prison for drug offenses.
LAUNCH: Candidates to file all next week Continued from page A1 already publicly declared their intent to run, names of those who filed already will not be released until Monday. Positions up for election in 2010 include both State Representative positions for Legislative District 2 held by Jim McCune, R-Graham, and Tom Campbell, R-Roy. Both incumbents are seeking re-election and Campbell has already been publicly challenged by JT Wilcox, R-Roy. Multiple Thurston County positions are up including commissioner for District 3, assessor, auditor, clerk, coroner, prosecuting attorney, sheriff and treasurer. Both John Snaza, I-Lacey, and Debbie Mealy, D-Lacey, have launched campaigns for Thurston County Sheriff. Republican Patrick Beehler is challenging incumbent Democrat Karen Valenzuela for county commissioner for District 3. Both have filed with the Public Disclosure commission. Three democratic candidates have already filed with the PDC for county assessor: Drew Steven, Jeffrey Gadman and Dennis Pulsipher. Incumbents Kim Wyman, Betty Gould and Gary Warnock are currently the only candidates filed for their positions of auditor, clerk and coroner on PDC. Candidates can file in-person at the Thurston County Auditor’s Office, 2000 Lakeridge Dr. S.W. in Olympia. If filing for a federal or statewide office, candidates must file with the Office of Secretary of State.
Photo by Melanie Lockhart
A mother duck swims with her ducklings in one of several ponds at Cochrane Park.
RULES: Yelm raises eyebrows at proposal Continued from page A1 ery five years. Yelm’s permit is currently in review and city staff anticipate a new one being issued this summer. Another part of the proposed guidelines looks at conducting an impairment analysis before being allowed to change the use of water. An example Badger gave was if the city wanted to move some of the reclaimed water it put back into the Nisqually River into, say, Yelm Creek, the city might have to conduct a study to determine if that change will impact wells downstream. Conducting the analysis wouldn’t guarantee the city would be able to make those intended changes. Yelm’s ability to use re-
claimed water as leverage in attempting to secure water rights could be hindered further with this proposed regulation, Badger said. Reclaimed water is the right way to treat water, Badger said. By instituting guidelines like this could hinder municipalities from wanting to start a reclaimed water facility. “They have to be careful with balance,” she said. City officials hope to work with other reclaimed water facilitators to submit responses to the proposed changes. “We just have to spend a lot more time on it to see its impacts to Yelm,” Badger said. “And we will do that.” “It definitely warrants a thorough analysis of the impacts of it and commenting accordingly.”
The goat reared up on its hind legs and started bucking at the woman. It continued bucking until it knocked her to the ground, bruising her knee in the process. The woman started running into the house and the goat followed her right up to the door, Stines said. Her husband came to see what was going on and the goat was still standing at the door. He was able to secure the animal with a tie and the couple called police.
When a deputy arrived the goat was still on the property. The goat’s owner told the deputy the goat escaped from its pen and that it was the first time it had done so, Stines said. This wasn’t the first problem the victims were having trouble with the neighbor’s animals, she said. There were ongoing incidents involving aggressive animals on the property. Charges of “livestock at large” were referred against the neighbor, a 45-year-old man. The charges were referred to the Thurston County Prosecutor’s Office.
CASE: City responds to Knight’s petition Continued from page A1 new arguments and authorities that were not presented to the Appeals Court. “Obviously, such new arguments and authorities cannot have been “overlooked or misapprehended” by the court ... because they had not been presented to the court before its decision,” the city said in its response to Knight’s motion. “While this is an unusual case, in that the court awarded attorneys’ fees to the appellants, nothing in the plain language of (state law) precludes awarding attorneys’ fees to appellants.” In its response, the city maintains it is entitled to the
be repaid its attorneys’ fees because it prevailed in the appeal. The state Court of Appeals overturned Knight’s petition of five area subdivisions in April. She was ordered to pay the City of Yelm and developer Tahoma Terra’s attorney fees and court costs. Knight, 64, who purports to channel a 35,000-year-old warrior spirit from the lost continent of Atlantis, owns the Ramtha School of Enlightenment, or RSE. RSE abuts Tahoma Terra. In May, Knight won a motion seeking more time to respond to the city’s cost claims after a decision is entered on her motion for reconsideration.
HIRED: Rainier prepares superintendent contract Continued from page A1 something we thought was very important for Rainier.” Aschenbrenner said he enjoyed visiting the Southside School District, where Garchow currently is superintendent. “We got to talk to some members of the community and
they said everyone knows who he is, that he is always trying to stay involved and informed,” Aschenbrenner added. Garchow said he and his wife are currently trying to sell their home near Shelton to either buy or rent a home in Rainier. “I’m looking forward to
working with the administrative team and the opportunity to work with the community,” Garchow said. “Rainier has a tremendous amount of community support.” He also has experience keeping a close eye on the budget and has already started looking at Rainier’s budget, which
must be approved this summer after the new superintendent is hired. “I think I bring a perspective of knowing the individual roles that make up a school district,” Garchow said. He will replace current superintendent Dennis Friedrich.
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Kids get close look at unique reptiles VALLEY LIFE
Ballots mailed for Aug. 17 primary Q Ballots and drop boxes will be open in Thurston County for the Aug. 17 primary election. If residents have not received their ballot by Wednesday, Aug. 4 they should contact the auditor’s office at 360-786-5408. Drop boxes will be open Wednesday, July 28 at 25 locations. A list of locations is available at www.ThurstonVotes.org
County treasurer to resume lunch hours Q Starting Sept. 1, the Thurston County Treasurer’s Office will reopen during lunch hours. The office was closed noon to 1 p.m. since January 2009 due to work force cutbacks.
600-pound welder stolen from site
NISQUALLY
VALLEY NEWS www.yelmonline.com
Channeler seeks high court review of ruling By Megan Hansen Nisqually Valley News Channeler JZ Knight filed a petition in Washington Supreme Court Monday asking it to review an April Court of Appeals decision. She asks that the Supreme Court review and reverse the decision on both legal stand-
ing and award of attorney’s fees and reinstate the judgement of Thurston County Superior Court. “We expected it,” said Yelm Mayor Ron Harding. “Her tactic is to string things along as long as she can.” See KNIGHT, page A11
Knight g
Q A welder was stolen from a construction site over the weekend near State Highway 507 and Old McKenna Road. The tool weighed more than 600 pounds and was chained to a railroad tie. The victim speculates that, to move the welder, a heavy chain needed to be cut, said Thurston County Sheriff’s spokesman Chris Mealy. Estimated value of the welder is $3,500.
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Photo by Megan Hansen
Deputy Bill Foster discusses area statistics with rural Roy residents Wednesday during a Town Hall Meeting at Baydo Chevrolet.
Rural residents ready to force out ‘bad people’ By Megan Hansen Nisqually Valley News Citizens in rural Pierce County are tired of being burglary victims and are banding together to fight back. Following a March meeting to address concerns of under-policing in the rural Roy/McKenna area, citizens are taking an active approach to handling crime.
Community watch groups have started cropping up and becoming active as well as a partnership between Pierce County officials and the groups. During a follow-up meeting Monday at Baydo Chevrolet in McKenna, residents gathered to discuss progress and further solutions. See MEETING, page A12
LOCAL NEWS ........................A2-A3 OPINIONS.................................... A4
Yelm shooting appears to be not accidental By Melanie Lockhart Nisqually Valley News A 23-year-old Yelm man was reportedly shot in the neck and chest early last Friday, but is expected to be OK. Thurston County Sheriff’s deputies responded to a call about a gunshot wound around 2:15 a.m. July 16 in the 17000 block of 103rd Avenue Southeast in Yelm. “The man suffered two gunshot wounds,” said Sheriff’s spokesman Chris Mealy. “One to the neck was through and through and one to the chest that is still lodged in his shoulder.” “His wounds do not appear to be life threatSee SHOT, page A11
By Tyler Huey Nisqually Valley News Voters entering the north end of the City of Roy may be curious about two white-lettered cardboard signs. “Wellcome (sic) to Meth Cook Pierce Co.” and “This home was robbed reward,” the signs say. Wayne Hathaway put the signs up Saturday morning, just in time for the 10,000-plus Seattle-to-Portland bicycle racers to come through.
By Melanie Lockhart Nisqually Valley News A 4-year-old Yelm boy is recovering after a 200-pound engine hoist fell on his stomach last Wednesday. The incident occurred around 3:45 p.m. July 14 in the 16000 block of Kalmia Court in the Nisqually Pines development, according to Southeast Thurston Fire Authority Chief Rita Hutcheson. “He was apparently playing around it and it tipped on to him,” Hutcheson said. “The hoist piece pinned him.” “It was pretty much a direct hit to his gut.” See PINNED, page A11
Police bust nets
large amount of narcotics
Hathaway said one of the houses he owns was robbed last Monday. The Water Street property is yards away from a Roy espresso business, but Hathaway’s house is technically located in Pierce County, according to Roy Mayor Pro-Tem Ray Bourne.
By Melanie Lockhart Nisqually Valley News Tenino police arrested two individuals within Tenino city limits on Saturday after officers reportedly discovered a variety of narcotics in their possession. Officers arrived in the 200 block of Wichman Street South in Tenino to serve an arrest warrant to Paige C. Kimbler, 27, who was reported to reside at that residence, said Tenino Police Chief Sean Gallagher. Police spoke with Timothy S. O’Neil, 35, who was also living at that location, and detected a strong odor of marijuana, Gallagher said. After obtaining a search warrant, six officers and Gallagher worked together to execute the investigation around 5 p.m. with the help of a K9 unit from the Tumwater Police Department. Gallagher said the large police force responded because all officers were still on duty following the Seattle to Portland Bicycle Classic. “We all happened to be working that day, so we all just went over there,” he said. “We did it as a combined operation. It went
See ROBBED, page A11
See BUST, page A12
Signs offer a dubious greeting INDEX
FRIDAY, JULY 23, 2010
Boy pinned under hoist hospitalized
Tenino Oregon Trail Days this weekend Q Tenino Oregon Trail Days kicks off Friday with Wine and Music Festival and car show at Scotty B’s 50’s style diner. The festival is 5 p.m. to midnight at Tenino City Park and the car show starts 6 p.m. The parade is 11 a.m. Saturday along Sussex Avenue. The rest of the festivities will continue at Tenino City Park throughout the day. For more information see the official guide from the Nisqually Valley News.
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Photo by Tyler Huey
Wayne Hathaway points toward his property, which he says was burglarized Monday.
MEETINGS CALENDAR.............. A5 BUSINESS ................................... A6 SERVICE DIRECTORY ............... A8 NEWS OF RECORD.................... A9 SUDOKU ...................................... A9 VALLEY LIFE ............................... B1 RELIGIOUS COLUMN ................. B3 OBITUARIES ............................... B3 MOVIE REVIEWS ...................B4-B5 SPORTS ................................ C1-C2 LEGAL NOTICES .................. C4-C8
Pile of poo spontaneously bursts into flames Friday By Melanie Lockhart Nisqually Valley News A small fire broke out at the corner of 148th Avenue Southeast and Martinson Road Southeast around 2:45 p.m. last Friday, but never posed a threat to nearby buildings. Crews from Southeast Thurston Fire
Authority responded to the scene after a pile of manure caught fire at the property of Jackie Iddings. The fire was caused by “spontaneous combustion” of the manure and hay due to the summer weather, said Southeast See FIRE, page A11
Photo by Melanie Lockhart
Southeast Thurston Fire Authority Lt. Ann Holeman, left, and firefighter Steve Berg extinguish a fire that broke out on Martinson Road in Yelm.
CROSSWORD PUZZLE .............. C8 CLASSIFIEDS ...................... C9-C10 REAL ESTATE...............C2, C9-C10 88th Year, Issue No. 29
Yelm police investigating explosive vehicle fire By Melanie Lockhart Nisqually Valley News Yelm police are investigating whether or not a 10-year-old girl had any involvement in a car fire that destroyed a minivan
last Wednesday. The Chrysler minivan and all its contents are a complete loss after the vehicle caught fire around 5:15 p.m. on Berry Valley Road, according to Southeast Thurston
Fire Authority Chief Rita Hutcheson. When fire crews arrived, the vehicle was fully engulfed in flames. See VAN, page A11
Nisqually Valley News, Friday, July 23, 2010 A11
ROBBED: Signs reportedly raise ire of Roy mayor Continued from page A1 Hathaway claims about $1,000 of property was taken, including a pressure washer, four alloy wheels and a 10foot boat. Hathaway said the alleged perpetrator cut his wire fence to gain closer access. Pierce County Sheriff’s spokesman Ed Troyer could not be reached for a comment. Carol Gray, Hathaway’s companion, said Wednesday that the police report was not completed. She said she called
Pierce County Sheriff’s Office around 6 p.m. Monday and they arrived three and half hours later. “We wanted everybody driving through to see it,” Gray said of the signs. “We don’t want anyone else robbed, that’s what the point is.” Hathaway said Roy Mayor Karen Yates visited the property Saturday morning “and was demanding that we take down the signs.” Yates could not be reached for comment. Yates was out of town, according to Roy City Clerk Treasurer Dana Alexander.
“She was more worried about the darned signs out here than the robbery,” Hathaway said. “She didn’t even ask what got taken, nothing.” Yates allegedly said that the signs violated city ordinance. When asked what the ordinance said, Yates allegedly said, “I don’t know, I haven’t read it yet,” according to Gray. Gray said Roy Police Chief Jeff Prouty visited the property after Yates left and simply noted the sign should say, “burglarized” and not “robbed,” a minor distinction in legal terms. Prouty also could not be reached for
comment as of press time. “When someone robs you, you’re scared to come back over here,” Gray said. “I’ve been too nervous to come over here and water (our plants). I feel like they took my privacy, they took everything from me.” “It’s like they stripped you — it’s very stressful.” Hathaway said he just wants to get his stuff back. “As it stands right now I will not take the signs down,” he said. “I take them down at night so nobody will destroy them.”
KNIGHT: Channeler takes case to Supreme Court Continued from page A1 “Sooner or later I think the outcome will be favorable.” Knight issued a press release, but her attorney Keith Moxon declined to comment further. “I’m not going to engage in comments with the paper,” Moxon said. “The document speaks for itself.” This petition is the latest in an ongoing battle between Knight, the City of Yelm and developers. The controversy centers around
Knight’s original petition in March 2008 challenging the city’s approval of five area subdivisions. Thurston County Superior Court’s decision came down to “and/or” as to when the city needed to prove they had potable water to support development. The City of Yelm and Tahoma Terra appealed the decision in Washington Court of Appeals. The appeals court found in favor of the city and developers, ordering Knight to pay attorney’s fees and court costs for the plaintiffs.
Since that April decision, Knight has filed a motion for reconsideration and a request for more time. Her motion for reconsideration was denied, but she was granted more time. Knight’s latest petition was no surprise to city officials. The petition asserts that the award of attorney fees is contrary to a state law that prohibits an award of fees against a party such as Knight who prevailed on all issues litigated in superior court and did not file an appeal to the Washington Court of Appeals.
The petition states that the court of Appeals decision is contrary to well-established Washington law. Knight contends that the Court of Appeal’s decision must be reversed because it undermines important requirements regarding available water supplies that state law requires cities and developers to address prior to approval of development projects, according to a prepared press release. “I think the decision was on pretty firm ground,” Harding said. “I don’t think their argument is going to hold water.”
PINNED: Nisqually Pines boy airlifted, treated for injuries Continued from page A1 The boy was airlifted to Mary Bridge Children’s Hospital in Tacoma because authorities were concerned he may have suffered internal injuries.
“He is doing much, much better today,” Hutcheson said last Friday. “He does have a blood clot in his belly that he will be going into surgery for.” The boy fortunately did not sustain any broken bones or spinal injuries,
Hutcheson added. “He’s very lucky.” The child was supervised at the time of the incident. “His family was there, dad just didn’t grab him quick enough,” Hutcheson said.
“You know how kids are — they’re quick. It was just a truly horrid accident.” As of press time Wednesday, Hutcheson hadn’t heard any update on the boy, but said “no news is probably good news.”
SHOT: Investigators seeking information about shooting case Continued from page A1 ening.” The shooting reportedly occurred outside the residence. When deputies arrived, they were led into a bathroom where
another man was comforting the victim, Mealy said. “That second man is not a suspect,” he added. The victim told deputies he doesn’t remember what happened.
“It does not appear to be a random shooting,” Mealy said. “It looks as though the shooter targeted the victim.” Mealy said there is “a definite lack of witnesses in the
incident,” and anyone with information should call Thurston County Crime Stoppers at 360493-2222 or the Thurston County Sheriff’s Office. The investigation is ongoing
and as of press time, authorities have no suspects in custody. The victim was transported to Providence St. Peter Hospital in Olympia, where he is expected to undergo surgery.
FIRE: Manure spontaneously combusts Continued from page A1 Thurston Fire Authority Lt. Ann Holeman, who helped extinguish the fire. “I was working in the yard and it just started burning,” Iddings said. “It smelled like smoke and then we saw it.” Because of the quick response and the fact that the grass surrounding the pile was green, the fire did not spread. Holeman said such incidents
are common on farms during the summer months. “People don’t understand why manure burns,” Holeman said. “But cows eat hay.” To prevent such incidents from occurring in manure piles, “break ‘em up and spread it out,” Holeman said. “If you can’t do that, keep a sprinkler out and keep an eye on it. Otherwise we may be out to see you.” The fire authority’s maintenance crew provided a sprin-
VAN: Yelm police look into vehicle fire origin Continued from page A1 “Apparently the family had been camping and had just returned home shortly before it happened,” Hutcheson said. Nobody was injured and no structures were damaged during the incident. Witnesses in the neighborhood told Yelm police, who are now in charge of the investigation, that they saw a young girl playing with matches near the vehicle shortly before it caught fire, according to Yelm Police Chief Todd Stancil. Matches were found under the rear tire of the vehicle, he said. The vehicle’s owner told police the girl in question had approached and apologized repeatedly following the fire, but claimed she didn’t do it, Stancil said. Police are having “to jump through a bunch of hoops” to determine if the girl was involved at all, whether on accident or on purpose, the chief added. “The mother of the child in question is not being extremely cooperative with us,” Stancil said. Stancil said the mother agreed to let police speak with the girl. But after officers asked a few questions, the mother sent the girl away and gave her own account. “The mother is claiming they were at the movies at that time,” Stancil said. Stancil said police are in the
process of reviewing video surveillance from the cinema to see whether the mother’s story checks out for the time of the incident. But Stancil said Wednesday that police will refer the case to juvenile court regardless based on witness statements. “We feel we have enough probable cause” to refer charges, Stancil said. Hutcheson expressed concern about a child potentially starting a fire. “If we have little girls starting fires, there is a problem,” Hutcheson said.
kler for Iddings to use when she couldn’t locate her own to ensure the fire wouldn’t start again. As an added reminder from the fire authority, the burn ban is in effect as of July 15 and continues through Oct. 15.
Your Port Commission Invites You
Port Commission Meeting July 28, Wed., 5:30 PM Yelm Public Safety Building 206 McKenzie Avenue www.portolympia.com 10-430719L
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NEWS BRIEFS
Christmas in the Park is Saturday, Dec. 4 Q Christmas in the Park starts 9:30 a.m. Saturday, Dec. 4 with a parade on Yelm Avenue between Prairie Park Street and First Street. The event continues in Yelm City Park with free hotdogs and beverages, music, pictures with Santa and more. The celebration is the Yelm Area Chamber of Commerce’s annual Christmas gift to the community. Everything in the park is free and open to the public. See today’s Valley Life section for more information.
DUI emphasis slated for Nov. 25 to Jan. 2 Q The holiday Drive Hammered, Get Nailed campaign starts Thanksgiving Day and continues through the new year. Local law enforcement agencies in Thurston County will conduct extra DUI patrols throughout the county. Officers with the Tenino and Yelm police departments are participating in the emphasis. The average blood alcohol level of people arrested in Washington for DUI is about .14. That’s almost twice the legal limit of .08. Especially at this time of year, law enforcement officers statewide advise all holiday party-goers to designate a sober driver, take a taxi or choose not to drink alcohol. The National Highway Traffic Safety Administration reports an average of 30 people die every day on our nation’s roads as a result of alcohol-impaired crashes. However, during 2009, there was a decrease of more than 7 percent from 2008.
Generators stolen from Pines residence Q Two generators were stolen from a home in the Nisqually Pines Friday, Nov. 17. Tools valued at $300 were taken from a detached garage. Subscriber mailing label below this line
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Police recover gun boys stashed in grass By Megan Hansen Nisqually Valley News Concerns about gun safety were elevated after three Ridgeline Middle School students stashed a stolen weapon outside in some grass. The gun was apparently taken from one boy’s home, where his parents own an estimated 100 guns. Police said many of the guns were unse-
cured and left throughout the residence. The boys, ages 14 and 15, were playing with several of the guns and one of the boys put one, a Glock 19, inside his backpack. The boy’s mother was aware the boys were playing with the gun, police said. Because neither of the boy’s two friends wanted to take the Glock home, they decided to stash it in the grass near a fence by
Safeway in Yelm. A couple days later, on Nov. 12, the boys were talking about the gun at school, a conversation that was overheard by other students. The conversation was reported to school staff who confronted the three boys and asked about the gun. See GUN, page A10
High Court reviewing JZ Knight petition Photo by Tyler Huey
With schools closed Tuesday, seventh-grader Jordan Knighten sleds head-first down a hill.
Winter Blast Closing schools not a hastily made decision By Melanie Lockhart Nisqually Valley News It’s not easy for school officials calling the shots on whether to send students to school or keep them home when snow blankets the roadways. In both the Yelm and Rainier school districts, the top priority is always student safety. Photo by Melanie Lockhart “We understand that two-hour delays, can- Yelm and Rainier kids had two-hour late starts Monday. Both districts closed Tuesday. y
See SAFETY, page A10
By Megan Hansen Nisqually Valley News JZ Knight took her appeal of five area subdivisions one step further and was granted review in Washington Supreme Court. The order for review of the case was approved unanimously Nov. 2. The ongoing battle between Knight and the City of Yelm concerns when the city must provide potable water during building. Knight g Knight had filed a LUPA petition in Thurston County Superior Court asking the court to reverse the hearing examiner’s approval of five Yelm subdivisions. The court ruled that the city must have water available at final plat approval and/or prior to the issuance of a building permit. The decision was overturned in the Washington State Court of Appeals based on the fact See LUPA, page A10
Rainier superintendent unveils ‘blueprint’
INDEX LOCAL NEWS ........................A2-A3
Photo by Melanie Lockhart
Rainier Superintendent Tim Garchow explains the “blueprint p for successful school systems.” y
By Melanie Lockhart Nisqually Valley News Just like a sturdy home, successful education requires a solid foundation. Then comes the ground floor, additional floors, followed by strong, supportive exterior walls. The blueprint analogy is all part of Rainier School District’s ultimate goal to map out a strategic plan, ideally in the next year, to maximize effective education. Superintendent Tim Garchow presented the blueprint for successful school systems at the monthly school board meeting Wednesday, Nov. 17. “A system without any direction
OPINIONS.................................... A4 MEETINGS CALENDAR.............. A6 BUSINESS ................................... A7 SERVICE DIRECTORY ............... A8 NEWS OF RECORD.................... A9 SUDOKU ...................................... A9 VALLEY LIFE ............................... B1 RELIGIOUS COLUMN ................. B3 OBITUARIES ............................... B3 MOVIE REVIEWS ........................ B4 SPORTS ................................ C1-C2 LEGAL NOTICES .................. C4-C6 CROSSWORD PUZZLE .............. C6 CLASSIFIEDS ........................ C7-C8 REAL ESTATE....................... C7-C8 88th Year, Issue No. 47
and focus is just an empty building,” Garchow said. “To build a solid school system, you need a strong foundation.” That foundation includes the district’s vision and mission, shared beliefs and school board goals, he said. Next is the ground floor, which asks, “What do students need to learn?” That starts with “guaranteed and viable curriculum,” Garchow said. It ensures all instructional staff members know what students have been taught during previous years. It also assists them in teaching students the skills expected before a child moves See GUIDE, page A11
Yelm schools seeing seasonal increase in student population
Jump in subsidized lunches may be sign of economic times
Yelm School Board to weigh costly plea to drop subdivision
By Tyler Huey Nisqually Valley News Student enrollment is up throughout Yelm Community Schools. But, according to Superintendent Andy Wolf, the increase is common for this time of year. Student enrollment reports for November is 5,245.8, which is 94.8 more than the budgeted number of 5,160. “Basically, we run the budget for student count that the budget is set up for,” Wolf said. “That estimate, however, is determined from over the past few years we’ve lost 90-100 students per year.” “Hopefully, at the end of year we hit our estimate. If we exceed, we generate more revenue than our budget shows.” The student increase encompasses all 10 Yelm schools — six elementary, two junior highs, the extension school and See SEASONAL, page A11
By Tyler Huey Nisqually Valley News More students in Yelm Community Schools are receiving subsidized lunches, and the number is expected to continue rising. During September, overall meals served were up by 79 students from last year, and students qualifying for free and reduced-meal benefits increased by 110, said Food Service Director Nancy LeRoy. However, she said the numbers increased an average of 5 percent in October, with about 174 subsidized meals served per day. Subsized meals — free or reduced meals — are funded under a federal program designed to help families with lower incomes. See LUNCH, page A11
By Tyler Huey Nisqually Valley News In a decision that could have costly implications, Yelm Community Schools is being asked to drop a subdivision on the boundary between the Yelm and North Thurston school districts. The subdivision is South Cove, located on Yelm Highway and Kelly Beach Road. “The amount of students affected is very low for both Yelm and North Thurston,” Yelm Assistant Superintendent Jeff Role said. Yelm, however, would lose almost $13 million of assessed property value, which would impact tax rates. Currently, taxpayers pay $4.0362. If Yelm drops the subdivision, the Yelm tax rate would rise about 2 cents to $4.0543. See LINES, page A11
A10 Nisqually Valley News, Friday, November 26, 2010
LUPA: Knight wins a review before the state’s highest court Continued from page A1 that Knight could not show she would personally be harmed by the land use decision. “We affirm the challenged preliminary subdivision approvals, reverse the trial court, dismiss Knight’s LUPA petition for lack of standing and award attorney fees and costs to the city and Tahoma Terra,” the decision states. Knight was ordered to pay reasonable attorney fees and court costs for the city and Tahoma Terra development. Knight filed a motion for reconsideration citing several arguments, including a statute that authorizes and awards fees only against a party who appeals beyond Superior Court. In her motion, Knight argues that, because the state Court of Appeals did not address the merits of the case and based its decision solely on her lack of standing in the case, she should not have to pay the costs. That motion was denied. In response to the approval for review, Yelm Mayor Ron
Harding said he believes the case will only be reviewed on whether or not Knight must repay attorney fees. “It going to be hard to argue the merits of the case,” Harding said. “Unfortunately at the point it’s kind of redundant.” “Most of the developers involved are out of business.” Knight spokesman Steve Klein said the Supreme Court will be reviewing all aspects of the case. “It’s in the court’s hands and we’ll let them decide the case in its entirety,” Klein said. He declined to comment further on the case. Harding said a hearing for oral argument is being scheduled. Neither side knows when that hearing is being scheduled. Knight, 64, who purports to channel a 35,000-year-old warrior spirit from the lost continent of Lemuria, owns Ramtha’s School of Enlightenment, or RSE. The school abuts one of the challenged developments.
SAFETY: Decision to close schools is not hastily reached Continued from page A1 celed school, and students leaving school early does create an inconvenience regarding childcare arrangements,” Rainier Superintendent Tim Garchow said. “However, it is our belief that we would rather be safe than sorry, and student safety is our number one priority.” This week the schools had the first opportunity of the season to make those tough calls. Superintendents were either on the roads themselves or on the phone speaking to transportation directors in their districts, faced with the challenge of trying to predict the weather as well as make a call early enough to get notice out before busses left the barns and students waited for transportation. Yelm Superintendent Andy Wolf personally drove the roads along with administrators and the YCS transportation director by 3:30 a.m. Monday. Buses cover routes from Olympia all the way to Bald Hills, Wolf said. “One of the things that is interesting about our district is that we have a huge geographical area,” Wolf said. “We may have a pocket that looks severe and another area that looks like there is nothing.” School officials travel the roads to determine whether it’s safe for students to get to and from school. “It’s a process all the way up until about 5 a.m.,” Wolf said. “By 5, that is really when we need to make an announcement on whether there will be a late start or if we don’t go to school at all.” In Rainier, the process is similar. Garchow doesn’t personally drive the roads that early as he isn’t currently living within the
district. But he is on the phone with Loretta McCartey, the district’s bus driver trainer. She’s on the road by 4 a.m., Garchow said. Garchow is also in contact with transportation directors in both Yelm and Tenino, he said. The final call is made no later than 5 a.m. In Yelm, calls go out to local television and radio stations. Rainier is part of schoolreport.org, a one-stop shop that will send notices out to anyone signed up for e-mail notifications, including more than 30 media outlets, Garchow said. Parents can sign up on the website and receive an e-mail notification as soon as Garchow hits the send button. On Monday, both school districts called for two-hour late starts. “I am more likely to call a two-hour delay and then change that to closed once the sun comes up and we get a better look at it,” Garchow said. Even that can be challenging. In Yelm, Wolf said the snow had essentially stopped by the time the first bus route picked up high school and middle school kids. During that route, the snow picked back up and by the time elementary students were picked up, snow began to quickly accumulate. Even once kids are in school, school officials will keep an eye on the weather throughout the day and drive the roads if necessary to make the call on when to send students home. After checking the doppler radar and National Weather Service, and watching the snow continue to fall, Garchow decided at 11 a.m. to send students home early at 12:30 p.m. By 11:30 a.m., the snow began to melt, but the call had al-
ready been made. By 1:50 p.m., the snow started to pick up again and Garchow noted that buses could have ended up caught in the second wind of the storm afterall. Unpredictable weather doesn’t make the job easy. In both districts, even the short days counted as a full school day, so the time won’t need to be made up at the end of the year. But on Tuesday, after more snow accumulated and the area experienced below-freezing temperatures overnight, Yelm and Rainier joined districts across Western Washington in closing schools for the day. It’s impossible to please everyone. On Monday, both superintendents received calls from parents upset that school started late. Others, however, called wondering why they were having school at all. “It’s one of those really tough situations,” Wolf said. “We’re out there because we care. We want to make sure what we’re doing for kids is right.” “You want to be responsible to the school system but you also want to be responsible to the safety of the students.” If there is a possibility for school closures or delays, district officials recommend checking more than one local news station. Even after the same exact message was sent out to all news outlets from Rainier’s schoolreport.org account, Garchow said two TV stations had incorrect information that he had to call in to correct. In the case of power outages, it is recommended that families have access to a battery-operated or wind-up radio to receive news reports.
Photo by Megan Hansen
First snow
Safety tips for winter driving
Emilia Mendez, of Mexico City, walks at Cochrane Park during Monday’s snow storm. She came to the park to take pictures because she does not g get snow back home in Mexico.
By Megan Hansen Nisqually Valley News As residents in the Nisqually Valley deal with the first snow fall of the season, there are some winter driving tips to keep in mind. While making sure you have proper tires or chains available is important, there are several small things that can make your trips safer. Yelm Police Chief Todd Stancil said it is important to maintain the small things like making sure your windshield wipers are clean. If drivers flip them up at night, ice is less likely to compact on them. Also making sure vehicles
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water, food, flashlights. When driving on slippery roads it’s important not to panic, Stancil said. When tires slide, a driver cannot control their vehicle. “Let the tires roll,” he said. “Don’t slam on the breaks.” This is especially important to remember near intersections and stop signs. Another tip is trying to stay off side roads. The main roads are generally more maintained. This week, officers patrolled the city and reported areas of concern to the city’s Public Works department, Stancil said.
GUN: Police recover weapon stashed by boys Continued from page A1
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have adequate windshield wiper fluid is important. Before driving, motorists should make sure all their windows are clear, lights aren’t covered with snow and check the antifreeze, Stancil said. Without proper antifreeze motors can freeze and crack. When weather turns rough, the Yelm Police Department has four four-wheel drive vehicles. The SUVs are normally assigned to specific officers, but when needed they will be left for on-duty officers, Stancil said. With winter weather it is important to let people know where you’re going and keep supplies in your vehicle as well. Supplies include blankets,
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School staff and police escorted the boys to the location of the stashed gun. Yelm police recovered the weapon and all parents were notified. The gun contained a magazine, but it was not loaded. “Of particular concern was the described weapons management as it related to (the boy’s) home, in particular his father and mother’s security measures,” Yelm officer Matt Rompa said. “They confirmed that there were numerous weapons located throughout their home, most of which were not secured and some were loaded. The boy’s father told Yelm police he owns one safe, which was full. Some of the rifles in the home were said to be loaded and located near the doors of the residence. The incident brings up the larger issue of gun safety. “Children should never have access to guns,” said Yelm Police Chief Todd Stancil. “Get a safe — a case — something to store them in.” Many people don’t know that, if an accidental shooting occurs involving someone’s child, the owner of the gun can be held responsible, Stancil said. Gun locks are available free of charge at the Yelm Police Department.