Hi test smelter by The Newport Miner

| OCTOBER 4, 2017

o u r o p i n i o n

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ThE mineR

l e t t e r s p o l i c y We welcome letters to the editor. Letters should be no longer than 300 words. Letters should be typed and submitted to The Miner office no later than 5 p.m. Friday for publication the following Wednesday. No letter will be published unless it is signed by at least one individual, even if the letter represents the view of a group. The letter must include a telephone number and address for authentication. The Miner reserves the right to edit letters. Political letters will not be published the last issue before an election. Letters will be printed as space allows.

HiTest announcement welcome news

t’s clearly too early to tell for sure, but from most indications the planned HiTest Silicon plant could be a real boon to the area. The obvious one is jobs, family wage jobs. There are the 150 or so people who will run the smelter. The hourly jobs at HiTest will pay about $70,000 a year. There will be another 400 or so people working on construction of the plant. Then there is the boost to county government, which will benefit from taxes on the $325 million construction. When seen from the glass half full standpoint, there is a lot to gain. People have been nervous about many different impacts of the plant, including environmental concerns about water, air quality and noise. Those concerns are valid but Washington as a state is known internationally as a “Green” state. With the support of Democratic Gov. Jay Inslee, a committed environmentalist, it seems unlikely that anything will be permitted that is harmful to the environment. The economic development situation is a doubleedged sword, however. There is a shortage of housing in the Newport area and some have reported being evicted from their long-time, affordable rental homes by landlords who want to move back. The suspicion is that they are moving back to fix the place up and sell it or rent it for more money. The county has started a housing work group under the direction of EDC director Jamie Wyrobek to address the housing situation. There has been interest expressed in building more housing here and maybe even a hotel. Looking back through old editions of The Miner, we can see that there were similar concerns when Ponderay Newsprint Co. was considering locating here. Decades later, the mill has been a good corporate citizen and provided living wage jobs for many people. We think HiTest could do the same thing. -DG

School board should have supported principal on safety

he West Bonner County School Board of Trustees decided to put students at risk when they voted to allow them to ride on floats during the homecoming parade, overriding the high school principal’s decision to limit the number for safety reasons. Priest River Lamanna High School principal Joe Kren saw students jumping on and off moving floats as they made their way down the three-mile parade route through Priest River during last year’s homecoming parade. He saw that as dangerous. Since some students defied school instructions to either stay on the floats or stay off them but to not jump on and off, Kren decided that only the homecoming royalty, athletes and band members could ride the floats this year. His decision wasn’t well received by parents and students, who attended the Sept. 10 board meeting to let the board know they wanted students to be able to ride. They came up with some things they thought would make it safer – 42-inch railings on the floats and inspections before the parade. The board held a meeting a week later and voted to do as the parents and students wanted. It was the wrong decision and really ignores taxpayer liability in addition to student safety. Kren, named the 2016 Idaho Superintendent of the Year for his work at St. Maries, was presumably hired as principal because of his professional expertise. His opinion shouldn’t be disregarded on a matter of student safety and district liability. Student safety is a paramount obligation of school districts. District liability should be on the minds of trustees, who recently settled the Bobby Clark football injury lawsuit. Clark suffered a traumatic brain injury in a 2013 football game and his parents sued the district for Clark’s lifelong medical costs. The board was apparently swayed by arguments of how hard the students work on the floats and the tradition involved, how it fostered student creativity. The board was convinced the students would not jump on and off the floats this year. Even if board disagrees with Kren’s professional evaluation about the danger of having too many students on moving floats, the board of trustees has an obligation to err on the side of student safety, as well as protecting the district and its taxpayers from unnecessary liability. -DG

w e b comm e n t s We welcome comment on select stories on our web site. You may comment anonymously. We will review comments before posting and we reserve the right to omit or edit comments. If you want to comment only to our writers and editors, let us know that you do not want your comment published.

yo u r o p i n i o n Johnson deserves vote for hospital commissioner To the editor, Susan Johnson’s tenure at Newport Hospital began in Long Term Care. After two years she moved to Acute Care and Labor and Delivery where she worked for an additional 16 years. She then transferred to the Emergency Room (E.R.) for her final four years. Susan has always been every patient’s advocate, continuously striving to make patients and their loved ones feel comfortable and well informed under her care. I have personally observed, while shopping locally, her receiving high praise when approached by former patients and loved ones. It is gratifying to hear people thank her personally for being such a caring Nurse, as well as advocating on their behalf. I admit bias, as Susan is a family friend. However, my family and many, many others recognize that she has the unique experience, background and dedication to be the Hospital Commissioner that will always promote the best health care interests of patients and local communities. My family asks you to vote for

Susan Johnson, Health District 1, Position 3 to enable her to represent our communities at Newport Hospital and Health Services. -John Cain Newport

Tweeting away the presidency To the editor, We currently have problems with countries who could threaten our national security. Evidently Russia meddled in our election for President, and continues to hack into U.S. and European government and industry systems. Also, Russia occupies eastern Ukraine. China laid claim to the South China Sea and is constructing bases on islands claimed by other countries. The Chinese military has confronted U.S. naval vessels and aircraft. North Korea tests ballistic missiles, which are capable of reaching the U.S. It is working on developing ballistic missiles outfitted with nuclear warheads by 2018. Iran is involved in the Syrian War and is a backer of Islamic terrorist organizations. It keeps challenging our naval forces in the Persian Gulf and continually threatens to disrupt shipping in

the Strait of Hormuz. A dictatorship in Venezuela is causing instability in the country. Given these situations, what are Trump’s priorities? He is focusing on repealing Obamacare, building a border wall, banning transgender people from our military, worrying about news leaks, undermining the media, replacing White House Staff, pardoning a convicted criminal sheriff, attacking NFL and NBA players, and showering Putin with platitudes. Trump is fraying the fabric of American society, tweeting away the Presidency and jeopardizing our security. Trump is our disastrous President. -Donald Moskowitz Londonderry, N.H.

Trump golfed while Puerto Rico suffered To the editor, When you look at the devastation in Puerto Rico caused by Hurricane Maria, you want to reach out and assist all those people without adequate shelter, drinking water and food. When you view the response by the President, you See letters, 5A

A few empty seats means someone wasn’t there By Tara Leininger

When we announced the date that the pianist George Winston would be playing at The Cutter Theatre, we started getting reservations immediately. The first question asked was, “Is it ‘the’ George Winston?” Next question: “Tickets are only $20?!” Note: tickets for his concerts in other venues range from $40 to $75, or more. We had a great early response and the theatre was filling up quickly. But most of the callers were not necessarily from the local area. Almost two-thirds of the seats sold were from people who traveled more than 50 miles to hear the world-renowned pianist. We

welcomed concert-goers from Newport, Colville, Spokane, Coeur d’Alene, Sandpoint, Moses Lake, and a couple who flew in from Alaska to have the chance to hear Winston play. We were able to seat 60 people for a game hen dinner, with Liz Ellsworth’s amazing desserts following. As we couldn’t seat any more, The Western Star picked up the opportunity and did a fantastic dinner for concert-goers as well. If you know George Winston’s music, you know that it is something that not only will sooth your soul, but enliven your heart. His own compositions were featured at the concert, but it is his virtuosity as a pianist that kept this audi-

r e ad e r ’ s p o l l Visit The Miner Online to answer our readers’ poll question through Monday afternoon. Find it on the right-hand side of the page at www.PendOreilleRiverValley.com. The results will be printed next week on this page. You need not be a subscriber to participate. If you have any ideas for future readers’ poll questions, submit them at minernews@povn.com.

The mass shooting in Las Vegas makes some people think U.S. gun control laws are too weak. Do you think the country should meaningfully expand gun laws nationally? No, that would clearly be unconstitutional. Americans have the right to possess firearms. Yes, it’s way past time. There have been more than 1,500 mass shootings in the U.S. since Sandy Hook in 2012. You really can’t say its not connected to the amount of guns in the U.S.

ence absolutely silent during both sets. The piano was not the only instrument he played, as several numbers were done on the guitar and the harmonica (George admitted he’s been called the quietest guitarist around, but this audience was held in rapt attention as he played). Musical influence from jazz, ragtime, and classical by other composers were as stirring as I have heard. George’s rendition of a traditional slide piano piece was simply the most exciting music I’ve enjoyed in a long time, and his take on Pachelbel’s “Cannon in D” took an over-familiar piano piece and See Cutter, 5A

r e ad e r ’ s p o l l r e s u lt s Do you think a player who don’t stand for the national anthem should be fired? Yes, these multimillionaires don’t have anything to protest.

43%

34%

23%

It almost doesn’t matter, the president’s tirade against athletes over the weekend while not talking about the devastation of Puerto Rico is shameful and obviously meant as a distraction to his political troubles.

No, pro athletes should use their celebrity to promote social justice.

The Newport Miner the voice of pend oreille county since 1901

Wednesday, OCTOBER 11, 2017

www.pendoreillerivervalley.com

Volume 115, Number 37 | 2 Sections, 24 Pages $1.00

Silicon smelter dominates town hall ‘Not a done deal’ commissioners tell questioning crowd By Don Gronning Of The Miner

Miner photo|Sophia Aldous

They’ve got spirit, yes they do… Newport High School seniors celebrate Homecoming week atop their float in last Friday’s parade down Washington Street in Newport. For more Homecoming photos of both Newport and Priest River, see page 5B in this week’s newspaper.

AMR leaving Pend Oreille County No ambulance district yet By Michelle Nedved Of The Miner

NEWPORT – American Medical Response, the private company that’s been operating ambulance services in Pend Oreille County for more than year, will cease service here at the end of October. AMR, a national company with offices in Spokane, began operating in Pend Oreille County last September, when Newport Ambulance closed its doors. AMR began 24-hour service a few months ago,

and worked out of the South Pend Oreille Fire and Rescue station at Diamond Lake. The Pend Oreille County commissioners have been contemplating the formation of an ambulance district – something that all but three other counties in the state of Washington have in some form or another – but has yet to vote on it. Commissioner Mike Manus said the commissioners are waiting to get a more detailed plan from the fire districts that partially make up the ambulance district council. “As far as forming the EMS district, we asked the fire (districts) to outline the boundaries of the EMS

district … take the bylaws and the formation of the district paperwork and massage that, so we had a better draft to go on,” he said. The districts haven’t yet done that. A phone call into Pend Oreille Fire District No. 4 chief Nick Knnack was not immediately available for comment. He serves on the council. The commissioners are also having problems convincing some towns to get on board. About two months ago, all the towns in Pend Oreille County had submitted letters supporting the formation of such a district, but some have See ambulance, 2A

Student arrested for bringing airsoft gun to football game Incident results in expulsion

By Sophia Aldous Of The Miner

NEWPORT – An 18-year-old was arrested at the Newport Homecoming football game last week when he brought an airsoft gun on to school property. According to a press release from the Pend Oreille County Sheriff’s Office the suspect is identified as Jonathon D.J. Hodge, 18, from the Newport area. On Friday, Oct. 6, around 7:30 p.m., Pend Oreille County Sheriff’s Deputy Travis Stigall was attending the football game off duty and in plain clothes. Deputy Stigall was approached by school staff and told that they believed there was a young male subject at the game armed

Courtesy photo|Pend Oreille County Sheriff’s Office

The airsoft gun brought to last Friday’s football game at Newport. The gun is modeled after a 1911 .45 caliber pistol.

See GUN, 11A

DIAMOND LAKE – Pend Oreille County commissioners wanted to talk about a variety of county projects when they scheduled a town hall meeting for the Diamond Lake area months ago. “We set the meeting about nine months ago,” county commission chairwoman Karen Skoog said. She said she had information about the North Shore culvert and the equestrian trail she wanted to let people know about. But the crowd that turned out at The Boat Launch restaurant Thursday night, Oct. 5, wanted to talk about the proposed silicon smelter that had been announced earlier in the week. Before the meeting started, Betty Berkhousen, who lives near the announced site of the proposed smelter, addressed the crowd. She said she was a cancer survivor, as well as having a heart problem. She was very concerned about the process of locating the site near her, as well as the difficulty in stopping such a process. She raised sevSee town hall, 2A

PUD legal bill approaching $2 million PNC costs mount, June 6 trial date set By Don Gronning Of The Miner

SPOKANE – The Pend Oreille Public Utility District and Ponderay Newsprint Co. were back in Superior Court in Spokane Friday, Oct. 6, arguing about reappointing a discovery master to handle the hundreds of thousands of pages of discovery documents in the PUD-PNC lawsuit and the setting of a trial date. PUD attorney Matt Anderson argued for a local person to be discovery master. “The District agreed to move from its home turf to Spokane County,” he said. It shouldn’t have to deal with someone from the west side of the state. Mary Schultz, an attorney for Lake Superior Forest Products Inc., who are one of the partners who own the newsprint mill, said that the work requires such expertise that someone from outside the area

may be the best qualified. The parties had considered a number of people, including Sandpoint attorney Ford Elsaesser, but he had a conflict and couldn’t do it, Schultz said. She said there were two attorneys left with the qualifications and time, who are neutral that could serve as discovery master. Spokane County Superior Court Judge Maryann C. Moreno asked Anderson which person he preferred. Anderson said he didn’t prefer either but would choose Mary Owen. Anderson also pushed for a February trial date. “We want to get the case heard as soon as we can,” he said. PNC attorney Hunter Ferguson said PNC was entitled to full discovery. “The District has taken 31 depositions,” he said. “We’re asking for the same opportunity.” See lawsuit, 12A

B rie f ly Murder and a meal at Cutter Theatre METALINE FALLS – Murder Mystery Dinner Theatre returns to The Cutter Theatre with the performance of The Lethal Lecture Friday, Oct. 13 and Saturday, Oct. 14, at 6 p.m. The plot revolves around a newly discovered Egyptian mummy that leads to an untimely demise. Is it a curse or just plain murder? The audience can guess who the perpetrator is while having dinner. There are only 48 seats per performance, so reservations are required. The theme of the evening is 1920s

so people are encouraged to dress up for the costume contest. Tickets are $25. The cast for The Lethal Lecture includes Tom Barnes as Professor Crandall, Debra Link as Mrs. Crandall, Dorothy Konsbruck as Diana Darling, Lynn Barnes as Professor Scheckle, and Steve Warner as Jackson Phillips. Tara Leininger is directing and Liz Ellsworth is the chef. For more information, go to www.cuttertheatre.com, or call 509-446-4108.

Town Hall has new hours METALINE FALLS – The Clerk-Treasurer has set now business hours for the Town of Metaline Falls. The office will be open Monday through Thursday, 9 a.m. to 3 p.m. If the office is closed temporarily, a sign will be posted on the front door of the building. A phone message can be left and the call returned as soon as possible. The Metaline Falls Town Hall is located at 201 East 5th Ave. For more information, call 509-446-2211 or by email at metfalls@potc.net.

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HALLOWEEN COLORING CONTEST A CHANCE TO WIN FOR ALL THE KIDDOES SEE PAGES 2B, 3B, 6B, 7B

f rom page one

| OCTOBER 11, 2017

The Newport Miner Serving Pend Oreille County, WA

Michelle Nedved Publisher

Jeanne Guscott Office Manager

Natalie Babcock Assistant Office Manager

Micki Brass Advertising Manager

J. Lindsay Guscott Advertising Sales

Cindy Boober Advertising Sales

Don Gronning News Editor

Sophia Aldous Reporter

J. Louis Mullen Owner

ambulance: POEMS opens soon From Page 1

changed their mind. At least Ione submitted a letter stating that council is not interested in being part of an ambulance district. Part of the reason behind forming the district would be to put a tax levy before voters to help subsidize agencies that provide ambulance services. Any decision on tax levies would go before voters within the district. Newport Ambulance closed its doors after years of operation, with owner Steve Groom saying it’s impossible to operate a private company with a majority of patients being on Medicare and Medicaid, which only pays a fraction of costs.

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Pelkie is Cutter’s new executive director METALINE FALLS – The Cutter Theatre has welcomed Stacy Pelkie as its new Executive Director. Pelkie will also keep her position as The Cutter’s Business Manager, combining the two roles. Tara Leininger, the volunteer executive director, is stepping back into her volunteer role as The Cutter’s Artistic Director, as well as a member of The Cutter Board of Directors. “Stacy has been an important part of the Cutter office, and it was an easy decision for the Board of Directors to ask her to assume the tasks of an executive director while still acting as the business manager,” Leininger said in a press release. Between Pelkie and Leininger, duties are being adjusted and a smooth transition has been happening. The Cutter office is open Monday, Wednesday, and Friday, 9 a.m. to 4 p.m. People are encouraged to stop in and met Pelkie and sign up for Cuter Theatre membership.

town hall: Some residents wanted to talk about culvert From Page 1

DEADLINES

AMR operated here with the understanding that eventually a district would be formed, and they would be able to bid on a contract with the county. “We didn’t give them any money,” Manus said when asked why they were leaving Oct. 31. Pend Oreille EMS, a new private ambulance company will have a grand opening Oct. 23. POEMS is owned by John Jackson, owner of Newport Towing, and his business partner Nicole Dice. Manus said if the county commissioners voted to approve an ambulance district, there wouldn’t be any chance to tax revenue until 2019, because of the election cycle.

ThE newport mineR

eral questions about the safety of any smelter. “The bottom line is this plant doesn’t need to be located right in the midst of heavy rural and city residences,” she said. She estimates the plant will be within a mile of about 5,000 residences. As she continued speaking past the announced start time of the meeting, commissioners asked for the floor. County commissioner Mike Manus noted it was the county commission who called the meeting. Some of the standing room crowd welcomed the interruption and others wanted to talk about the smelter. One person said commissioners were responsible for being willing to allow people to die because of the county’s pursuit of the smelter. Skoog, who represents District 1 in the south county where the smelter is proposed to be located, said she wasn’t going to address comments like that. “They’re inflammatory,” she said. She urged the crowd to be respectful. Commissioners said they would get to the proposed HiTest Silicon smelter project, but they wanted to address other matters first. Rebecca Kemmer wanted to talk about the equestrian trail. She wanted to know how many parking spots for truck and trailers would be allotted in the parking area at Rustler’s Gulch and the county park. She noted that people had parked alongside the road at a recent event, potentially blocking fire and other emergency responders, as well as people in general. “They were glad I brought it to their attention,” Kemmer said days after the meeting. She said the lack of communication about the equestrian trail has been frustrating. “I wish there was more communication

and transparency about the trail.” People spoke about the culvert on North Shore Diamond Lake Road. People made the point that the broader the culvert the better. Commissioners were questioned about how the elevation for the culvert was set. Commissioner Steve Kiss reiterated that the culvert was set at the bedrock. Skoog made the point that the purpose of the culvert was to pass through water, not to manage the lake levels. Another person wanted to talk about the dock permitting process. He said the county had not followed up with a requirement that a dock owner survey the dock, which he said was long and crossed property lines. Skoog said that the county doesn’t make decisions on property lines. The person questioned the purpose for building permits if the county didn’t enforce the conditions. But the talk soon turned to what most of the audience wanted to talk about – the proposed HiTest Silicon smelter, which if approved, will be located south of Newport, bordered on one side by Idaho and Highway 41 and to the north by the BPA power lines. Manus, who has taken the lead on the project for the commissioners, said HiTest officials had met with the state Department of Ecology that day. There are many permits to get and decisions to make about the plant, he said. “It’s not a done deal,” he said. Manus spoke of the air quality testing HiTest has already done and said it met air quality standards for even the most sensitive Class 1 air quality standards as far away as Glacier National Park and the Cabinet Mountains. One person asked about silicates, the fine particulate matter that may be discharged. “That’s as important as

Miner photo|Don Gronning

Pend Oreille County commissioners Steve Kiss, Mike Manus and Karen Skoog held a town hall meeting Thursday, Oct. 5, at the Boat Launch Restaurant in Diamond Lake. Many people turned out to express concerns over the proposed silicon smelter.

water quality,” he said, especially to people with breathing problems. Manus said that would likely be addressed as the smelter goes through the permitting process. He said the county would keep people updated through the county’s Economic Development Council website (www. pocedc.org). Manus was asked if the county has the ability to not approve the project even if it is approved by the state. Manus said they county could stop it. Some crowd members were not mollified. They wondered why the smelter had not been put to a vote. The word recall was shouted. Skoog said the country had a representative form of government, that people elected people like the commissioners to represent their interests. “The good thing is we’re not from Olympia,” she said. “We’re here. We breath the air, we have grandkids who breath the air.” Skoog, who was reelected last year, wasn’t intimidated by the call for recall. “Go ahead and recall me,” she said. She said she hadn’t made up her mind on the matter and wanted it to go through the pro-

cess. “I need information to make a decision,” she said. People continued to question why the smelter process was going forward. The experience of north Spokane with the Kaiser Aluminum plant was brought up. Kaiser didn’t do right by the community when it left, one person said. Manus said the county would be relying on the expertise of the state to evaluate the environmental risk, noting the county didn’t have the expertise to do that level of evaluation. Commissioners were asked who was going to be the lead agency on the project, the county or the state. Manus said that decision hadn’t been made yet. Commissioners were asked if the State Environmental Protection Act permits were required before the county permit. He said yes. People continued to press on the wisdom of locating the site near residences. There were several people from Idaho attending the meeting. “We didn’t come here to attack you,” one woman said, pointing to where her home was located near the plant. “We want information.”

Water was a concern. Manus said the source of water hadn’t been identified yet. He mentioned water catchment, Newport city water and other sources. He said there wasn’t a plan to put in a well. Manus said the plant wouldn’t be like Valley Silica, located in Valley, Wash. That plant had byproducts that were piled up outside. Byproducts from the proposed HiTest plant had a value and would be resold, with the dust going to the cement industry. The question of chemicals was brought up. The company has said there aren’t chemicals involved in the smelting but what about chemicals used in cleaning, one person asked. Another person noted that the plant would likely grow bigger, with two furnaces at first and more to come. “What we’re dealing with will morph into something bigger,” she said. “HiTest is a good salesman and you’re real suckers,” another said. Commissioners will set another meeting in November specifically about HiTest, Skoog said. The date and location haven’t been set yet.

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The Newport Miner the voice of pend oreille county since 1901

Wednesday, NOVEMBER 8, 2017

www.pendoreillerivervalley.com

Volume 115, Number 41 | 2 Sections, 20 Pages $1.00

Anti-smelter proponents take it to local government By Sophia Aldous Of The Miner

NEWPORT – Emotions ran high at two separate Pend Oreille County meetings regarding one looming issue: the proposed silicon smelter by HiTest Sands, Inc. Local residents and representatives of the Citizens Against the Newport Silicon Smelter (CANSS) attended a meeting Wednesday, Nov. 1 between Pend Oreille County department heads, 7th Legislative District Senator Shelly Short, and 7th District Representative Jacquelin Maycomber. The meetings allow local government to meet with state lawmakers to discuss issues pertaining to their individual departments. However, citizens that attended the meeting were upset that Short and Maycomber, who represent Pend Oreille, Stevens, and Ferry counties, did not stay afterward to address their concerns regarding the multi-million dollar smelter. “You saw the representatives run away; they don’t want to talk to us,” resident Axel Hiesener said after the meeting. “Light needs to be shed on this and we just want our lawmakers to listen to what we have to say.” If permitting for the plant goes through, it would be built roughly a mile south of the U.S. Highway 2-Idaho state Route 41 junction on 186 acres. “We don’t want you or your smelter,” one woman yelled at Short after the meeting, slamming a “No Smelter” sign on the table where Short had been sitting as she rose to leave. “Take it back to Addy.” Short, who is from Addy, has been a proponent of the See smelter, 2A

Miner photo|Sophia Aldous

Constituents opposing the proposed HiTest smelter site in Newport confront Pend Oreille County Commissioner Steve Kiss after a meeting last Wednesday.

Local veteran passes after returning from Honor Flight

Sands could keep seat, Cusick mayoral race close

By Sophia Aldous

NEWPORT – The initial results for Pend Oreille County are in for the general election, with the polls closing promptly at 8 p.m. on Tuesday. In 7th Legislative District races, it appears Pend Oreille County voters want incumbent state Sen. Shelly Short to stay in office. Short, a Republican, received 2,008 votes to Democrat Karen Hardy’s

Of The Miner

NEWPORT – It is hard to quantify service in the Armed Forces into a memorial, but the Honor Flight might come the closest. Several local veterans recently traveled via Honor Flight to Washington D.C. to visit various war memorials on the National Mall. The flight departed Monday, Oct. 23 from the Spokane International Airport and returned late in the evening on Tuesday, Oct. 24. Among them was Newport resident Jay Cline, who served in World War II in the Philippines, joining the merchant Marines when he was 17 years old. The trip to Washington DC was a timely one. Cline, 90, passed away Oct. 29 in the arms of his wife, Phyllis. “He was still alert and had his senses about him,” Phyllis Cline said of her husband’s journey on the Honor Flight. “He was apprehensive at first, because of his health, but once he found out they could accommodate him, he was determined to go.” Honor Flights are conducted by nonprofit organizations whose goal is to transport as many United States military veterans as possible to see the memorials in Washington D.C. of the respective war Courtesy photo|JoAnn Bell they fought in at no cost to the veterans. Keith Bell and Jay Cline return to Spokane Oct. 24 after the Honor Flight to WashKeith Bell, a physician assistant at

See election, 2A

County rejects Newport offer for law enforcement City has to form own force or contract elsewhere By Don Gronning Of The Miner

NEWPORT – After Newport City Council members Keith Campbell and Mark Zorica and Mayor Shirley Sands met with Pend Oreille County Commissioners Monday to discuss a law enforcement contract, Sheriff Alan Botzheim and the county commission rejected the city’s offer during an executive session Tuesday, Nov. 7. “After a thoughtful and thorough review of all

ington D.C. Around 100 veterans traveled on last month’s Honor Flight.

See honor flight, 10A

See CITY, 10A

B r i e f ly Christmas Arts and Crafts sale at Stratton NEWPORT – The Christmas Arts and Crafts Sale returns to Stratton Elementary School Saturday, Dec. 2, 9 a.m. to 3 p.m. Along with a variety of craft vendors and merchants, Santa Claus will be on site for photos. For more information, call 509-447-0656.

Leave food out for the Scouts to collect PRIEST RIVER – Be sure to assist local scouts with their

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food drive Saturday, Nov. 11, at 10 a.m. in Priest River and 9 a.m. in Newport and Oldtown. Local Cub Scouts and Boy Scouts will be canvassing residential areas looking for bags of donated food. To help, leave a bag or two of nonperishable food by your front door so Scouts can collect and deliver them to a local food bank. For more information or if your house gets missed, call Brad Mingay at 208-448-2875 in Priest River or Steve Price at 509-447-2287 in Newport and Oldtown. Participating Scout groups are Troops and Packs 604, 603, 630 and 696 7B-8B

Learn about Youth Emergency Services NEWPORT – Youth Emergency Services, YES, is holding an informational meeting Wednesday, Nov. 15, at Newport High School, for those interested in learning about the agency, and about being a host home for homeless youth in Pend Oreille County. The meeting is at 6 p.m. in the Newport High School library. Dinner will be provided, and childcare is available. Anyone needing childcare should RSVP 24 hours in advance by calling YES at 509-447-1125.

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Courtesy photo|City of Oldtown

A blueprint showcasing the incoming Burger King’s exterior where the Ben Franklin building currently is.

Burger King coming in, Ben Franklin going out Of The Miner

OLDTOWN – The former Ben Franklin building is scheduled for demolition, according to Oldtown City Planner Bryan Quayle, but when, exactly? “From my understanding, the developer is looking at November, or early next spring, depending on the weather,” said Quayle. “There’s still a window of time they could do it this year, but no permits have been applied for the demolition.” A Burger King is slated to re-

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place Ben Franklin, which closed in August. The contractor for the incoming business is Tricon Building Solutions of Visalia, Calif. The proposed building design includes a 66 person seating area in around 4,368 square feet, including a children’s play area. According to blueprints, the building will feature a “Northwest” style façade with wood siding and brick, as well as a drive-up window, and will face Fourth Street, as opposed to Highway 2. The two-lane drive thru will be accessible via Washington Street.

By Sophia Aldous

“It’s basically the opposite of what Ben Franklin is now, and there should be an improved line of sight between the Burger King and Dollar Tree,” Quayle said. The parking lot will have around 32 spots and be located on the east side of the new building. As of Tuesday, Oct. 7, Quayle said the developer has not applied for a demolition permit or a building permit. The cost of the permit depends on the scope of the project. “They were looking at the possibility of doing it in March as well,” said Quayle.

It is currently unknown how many people the new fast food restaurant will employ. In an article in The Miner on August 2, Ben Franklin store manager Tom Watson said while the opening of Shopko affected Ben Franklin sales, it wasn’t the reason the business was closing. Watson said the business owners, Bill and Nancy Nation, were ready to retire. They had leased the Ben Franklin building from another person, who retired, Watson said. Ben Franklin employed 13 people.

Extension office offers classes for family forest owners MOSCOW – Roughly 40 percent of the forests in Bonner, Boundary, Kootenai and Benewah counties are owned by families. Over the next year, University of Idaho Extension is again conducting a series of 19 forestry educational programs at 26 locations throughout northern Idaho, to help strengthen family forest owners’ abilities to manage their forestland to meet their goals.

Topics to be covered in this year’s Strengthening Forest Stewardship Skills series include: forest management planning, forest insects and disease, tree identification, weed control, rural land ownership, forest edibles, forest measurements, backyard forestry, thinning and pruning, and more. The programs will be held through August 2018. Calendars listing specific program dates

and locations are available at local University of Idaho Extension offices. Detailed information on each of the programs is posted on the University of Idaho Extension Forestry website www.uidaho.edu/extension/forestry/programs, six weeks ahead of each program. For more information on specific sessions in the series, contact Chris Schnepf at 208-4461680, Randy Brooks at 208-885-9663.

smelter: From Page 1

smelter, citing economic growth as the reason behind encouraging HiTest to build in the area. One of the sites the Canadian based company was considering before settling on the current location was the former Northwest Alloys plant in Addy, nine miles north of Chewelah. Pend Oreille County Commissioner Mike Manus left before the meeting ended to attend another obligation. When the meeting was over, commissioner Steve Kiss stayed behind to speak with constituents, one of which recorded the interaction on their cell phone. On Monday, Nov. 6, a meeting was held with consultant Greg Dorhn regarding updates on HiTest. Pend Oreille County Commissioner Karen Skoog said the commissioners were putting together an editorial regarding the project they would release to the online community. The room was again packed with people opposing the project. (See the editorial on page 4A.) Dorhn said that since HiTest officials visited the area in early October, the company has

been working with the Department of Ecology and other “numerous state agencies” on air quality permits. The DOE is the lead agency on air quality permitting and instructing HiTest what they will have to do in order to obtain the proper permits. “Before the company can submit an application, they need to receive direction from DOE and other state and federal agencies,” said Dorhn. “I know those discussions are going on now.” Dorhn added that the Pend Oreille Public Utility District (PUD) and Bonneville Power Administration would need to do an engineering study to determine how to route the power to the site without creating any problems for existing customers and to see if any improvements to the existing infrastructure need to be made, but to his knowledge that hasn’t happened yet. Another area to look at is land use, where any permits for building would be submitted primarily to Pend Oreille County, but the City of Newport, City of Oldtown, and perhaps Bonner County might factor in as well. “As a matter of law they

(HiTest) cannot construct or proceed with the project unless they have the air quality permits,” Dorhn said. “No air quality permits, no project. Without the power, there is no project. My sense is that the land use applications would likely be submitted much later in the project.” Many members of the public attending the meeting contested the commissioners’ support of the project, wondering how the county’s Growth Management Plan could allow a development of the smelter’s magnitude. “With the scope of this smelter, looking at the county’s Growth Management Plan, I’m curious as to how this can be built so close to a residential community, including a school,” said Phyllis Kardos, CANSS Director of Communication and Outreach. One woman who did not identify herself asked why the commissioners couldn’t deny the building of a smelter in Pend Oreille County the same way they denied the selling of retail marijuana in unincorporated parts of the county in the fall of 2016. “That was a process that took over a year and included implementing

Citizens Against Newport Smelter Site (CANSS) Board of Directors: Bill Ellis, Chair and Science Research and Consultant Michael Naylor, Vice Chair and Legal Procedures Patrick Molvik, Director of Science Research and Consultant Phyllis Kardos, Director of Communications and Outreach Debbie Barker, Organizational Director and Treasurer Gretchen Koeing, Consultant two six month moratoriums, as well as reviews and workshops from the planning commission,” Skoog replied. “The decision to deny an application has to be based on records and finding of fact,” Dorhn added. “A decision to say that certain kinds of uses are or are not permitted is a different kind of decision making process and there is a basis to do that by amending the comprehensive plan and development regulations.” “Would that be something the commissioners would be willing to work on to deny (the smelter), like they worked to deny retail sales of marijuana?” the women asked. “I don’t know if that’s legally possible,” said Skoog. Skoog said permits are handled through a con-

ditional use process for anything other than residential, or if it’s a home business, since there is no industrial zoning in the county. She said the county is working on making the comprehensive plan, “more flexible for industrial zoning and business.” Another woman in the crowd asked is Pend Oreille County was receiving any incentives, such as tax breaks or money in order for HiTest to build the smelter. Skoog denied this and Commissioner Mike Manus said the only thing the county was getting was jobs. The question was posed as to what the qualifications for the jobs would be in order for area residents to be hired at the plant. “That is a question for HiTest,” said Skoog.

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The Newport Miner THE VOICE OF PEND OREILLE COUNTY SINCE 1901

Wednesday, March 28, 2018

www.pendoreillerivervalley.com

Volume 116, Number 9 | 2 Sections, 20 Pages $1.00

Teen sentenced for threatening school BY DON GRONNING OF THE MINER

NEWPORT – A 15-year-old Newport boy was found guilty of harassment threats to kill following a fivehour trial Tuesday, March 20, before Pend Oreille County Superior Court Commissioner Phil Van de Veer. Van de Veer issued his written verdict Friday, March 23. “It is unfortunate that this matter must be decided exclusively in the criminal context,” Van de Veer wrote in his nine-page ruling. “However, the threat to society with the potential for loss of life without effective response warrants a criminal solution.” He found Joseph H. Akai guilty of the class C felony and sentenced him to 29 days in juvenile detention. He also issued a no-contact order with Newport schools. Thirty days was the maximum sentence available. Since Akai had been held at Martin Hall since his arrest Feb. 22, he was released. He was going to be released no matter what, according to prosecuting attorney Gregg Hicks. “Thirty days is as long as we can hold them,” Hicks said. Hicks also said juveniles can’t have jury trials. According to the findings in Van de Veer’s ruling, Akai made a series of threats in an email exchange with his girlfriend over a 35-minute period Jan. 31. “i am so (expletive) (expletive) im about to kill half the (expletive) people in this (expletive) office,” he wrote. He was in in-school detention after a Newport High School student reported to school authorities he had a gun. Akai was put in detention while school officials investigated. The investigation revealed Akai had not brought a gun to school. It was while he was in detention that he wrote the emails. Weeks later the emails were found. They were sent from a school computer. The district’s technology director conducts random searches of email using key words such as “gun, knife, kill, drunk, depression,” and Feb. 22 he found Akai’s emails during one such search. He reported the emails to the school principal, Troy Whittle, who notified the Pend Oreille County Sheriff’s SEE STUDENT, 2A

MINER PHOTO|DON GRONNING

Citizens Against the Newport Silicon Smelter attorney Norman Semanko told Pend Oreille County commissioners Monday that there were problems with the transfer of public land from the county to PUD to HiTest. Semanko recommended undoing the transfer.

Public land sale to HiTest proper, PUD, county officials say

BY DON GRONNING OF THE MINER

NEWPORT – Opponents to the HiTest silicon smelter proposed to be located about a mile south of Newport on the Idaho state line, have long questioned whether the selling of the publically owned lands was done openly and properly. “The public deserves to know what our public officials have been up to,” wrote Michael Naylor, board member of the Citizens Against the Newport Silicon

Smelter (CANSS), in a post pinned high on the CANSS group Facebook page. The post included an April 25, 2017, letter of intent from the Pend Oreille PUD to HiTest to sell the property. “It is very sad when our public officials go out of their way to keep things from the public and make back room deals selling public’s land and using public money,” Naylor wrote. CANSS attorney Norman Semanko touched on the propriety of the land sale when he appeared before Pend Oreille County Com-

Smelter opponents attend en masse

OF THE MINER

CUSICK –It was a large, occasionally confused, and curious crowd that attended the March 20 Pend Oreille County Planning Commission meeting at Cusick Community Center. The all-volunteer commission, which hadn’t met since Dec. 2017, was scheduled to vote on changes to the county’s development regulations, specifi-

cally the conditional use permit (CUP) process. There were concerns from audience members about how that could affect the permitting process of the proposed HiTest Smelter that is planned to be built in Newport. “The way the regulations exist here today is that any decision for a conditional use permit, or several other permit applications, would be my decision and I would accept written testimony

from anyone who wanted to provide it,” Pend Oreille County Development Director Greg Snow said. “This proposal is to take that decision away from me and put it into the public forum where people would attend meetings and give verbal testimony for or against a permit application.” Planning Commission Chairman Norris Boyd said several times that the proposal had no affect on the proposed HiT-

SEE HITEST, 2A

It’s almost Easter and here’s where to find those eggs

County permitting process draws public attention BY SOPHIA ALDOUS

missioners Monday, March 26. “The records raise serious questions,” he said, referring to the results of public records requests by CANSS members about the sale. He said the county, the PUD and HiTest should all review their land transfer documents to see if the land was transferred properly. He told commissioners all three should consider returning the land and money. To PUD officials, the land sale was done properly.

BY SOPHIA ALDOUS

est Smelter, a topic the commission would not be addressing that evening for any official purpose. Conditional use permits (CUP) are currently processed as a Class 1 application which allows for written testimony to be presented to the application’s file for consideration, but is ultimately an administrative decision. The changes, which the commission unanimously

OF THE MINER

NEWPORT – From north to south Pend Oreille County to West Bonner County, the Easter Bunny will be hard at work stashing eggs for upcoming Easter egg hunts this weekend. With the actual holiday taking place Sunday, April 1, here is a compilation of upcoming Easter egg hunts in the Pend Oreille River Valley.

Newport Newport City Park at First and Calispel will be jam-packed with candy and prize-filled eggs Saturday, March 31, at 10 a.m. There will be

SEE COMMISSION, 2A

SEE EGG HUNTS, 2A

B R I E F LY Free food at Lutheran Church this Thursday NEWPORT – A free food distribution will be held Thursday, March 29, from 10 a.m. to noon at the American Lutheran Church, 332801 Highway 2, in Newport. The event brings free produce, nutritious perishable products and other groceries for all families in need of food assistance. The event is open to the public; no appointment or documentation is needed. Call Nicole Smoot with questions at 509-671-1432 or the 24-hour Mobile Market information line at 509-

252-6270. Future dates for distributions are June 21, Aug. 23 and Oct. 18.

Joseph Fitzmorris fundraiser April 14 OLDTOWN – A fundraiser spaghetti dinner to benefit Joseph Fitzmorris will be Saturday, April 14, 3 p.m. at Riverbank Family Restaurant and Fay’s Lounge. Fitzmorris was recently diagnosed with cancer. The Fitzmorris family has deep roots in the Pend Oreille River Valley.

All funds raised at the dinner go to pay for medicine, travel, and living expenses, as Fitzmorris is unable to work. There is a Joseph Fitzmorris benefit account set up at Spokane Teachers Credit Union for donations, which can be made at any location. There is also a gofundme page at www.gofundme.com/joseph-fitzmorris-benefitaccount. Event organizers are still looking for donations of any kind for the dinner/auction. To donate, contact Robert Wiese at 509-671-5944. To keep track of other ways to help Fitzmorris, follow the Facebook page Friends of Joseph Fitzmorris.

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The Newport Miner Serving Pend Oreille County, WA

Michelle Nedved Publisher

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THE NEWPORT MINER

COMMISSION: Chairman says public will be very involved FROM PAGE 1A

approved, moved CUP to a Class 2 application process that requires a public hearing where oral and written testimony is taken. The Planning Commission or a hearings examiner will make the final decision regarding the CUP. Since there is no official Pend Oreille County hearings examiner, one would have to be contracted. A hearing examiner conducts public hearings on various land use applications, appeals of land use determinations made by divisions of the County Public Works Department, and certain other quasi-

judicial matters. Audience members had questions regarding how involved the public could be in the CUP process. Boyd said legal notice is required before a planning commission meeting and that the public is welcome to attend. “Back to that item six, where it says “hearing review,” no where else is that wording stated,” said a woman that had questions about minutes from the Nov. 2017 planning commission meeting. “But in your description you mentioned hearing, so can you define that for us?” Shannon Hansen, who was recently appointed to the planning commission, said that the board

of county commissioners recommended that all class 2B conditional use permit applications be heard by a hearings examiner. She said the planning commission did not agree with that, and want all conditional use permits to be heard by the commission. “So that it was a larger body of input and made up of people from the community,” Hansen said. Snow added that the board of commissioners supported the changes to the CUP process, and only disagreed in regards to a potential hearings examiner. Boyd said Pend Oreille County doesn’t have commercial or industrial zoning, so all CUPs have

to come before the planning commission. “Would this decision affect just HiTest, or would this be for everything in the county,” another woman said. The changes would affect all building permits within the county, according to Boyd. Citizens Against the Newport Silicon Smelter (CANNS) Vice Chair, Michael Naylor of Oldtown, thanked the planning commission for their transparency and consideration, becoming visibly choked up when talking about the proposed smelter. “We’re fighting for our lives, and we’re scared,” said Naylor. SEE COMMISSION, 10A

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EGG HUNTS: Free Easter movie at Roxy Theater Saturday FROM PAGE 1A

separate hunts for different age groups for kids 12 and younger. The event is sponsored by Newport Mayor Shirley Sands, the Newport/ Priest River Rotary Club, Newport High School, Soroptimists Newport International, and Newport Rodeo Association. The Easter Bunny will be on hand for pictures. Before hunting for eggs, enjoy free breakfast at Hospitality House, 8 – 10 a.m. Hospitality House hosts free breakfasts every Saturday at 216 S. Washington Ave. Monetary donations to offset the cost of purchasing food are appreciated. Donations of fresh fruits and vegetables are also welcome. Call 509-447-3812 for more information. There will be free mov-

ies for kids and adults at the Newport Roxy Theater Saturday, March 31. The first film is “Winnie The Pooh: Springtime With Roo,” at 10 a.m. This program is rated G and suitable for all audiences. The same day, in recognition of the Easter holiday, there will be a free showing of “Passion of The Christ” at 2:30 p.m. Released in 2004 and directed by Mel Gibson, it is the highest grossing R-rated movie to date as well as the highest grossing Christian movie ever released in the United States. Admittance to each film is free. Standard concession prices still apply.

Cusick An Easter egg hunt at the fairgrounds in Cusick will get underway

at 10 a.m. sharp Saturday, March 31, for ages toddler to 10. The Easter Bunny will attend for photo ops and to pass out treats. American Legion Auxiliary Post 217 puts on the event.

Ione The Ione Children’s Easter Egg Hunt is Sunday, April 1, at Ione Park for ages 12 and under. The hunt starts promptly at 1 p.m. and is sponsored by Fire District No. 2.

There are different egg hunts divided by age groups for kids up to 10. The Priest River Lions Club sponsors the event.

Priest Lake There will be an Easter egg hunt at the Priest Lake Community Church Saturday, March 31, 10:30 a.m., at 25 Creekside Drive. All ages are welcome and there will be pictures with the Easter bunny and a drawing

contest. Free lunch will be provided. Participants need to bring their own basket. For more information, call 208-4430541.

Blanchard The annual Blanchard Grange Easter Egg Hunt takes place Saturday, April 15 promptly at 11 a.m. near the center of town (don’t be late). For more information, call 208-437-3137.

Priest River Priest River’s big Easter egg hunt will be at the Mud Hole off Highway 2 Saturday, March 31 at 10 a.m., sharp. Kids can find hardboiled eggs and redeem eggs for prizes. There will also be plastic eggs with prizes inside.

STUDENT: No threats, defense says FROM PAGE 1A

Office. Akai was arrested that day and held at Martin Hall, with bond eventually set at $50,000. During the trial defense attorney Brett Billingsley argued that the threats weren’t real threats, that they were expressions of frustration about being falsely accused of bringing a gun to school. Van de Veer had some sympathy for the argument. “This argument makes some sense, that Mr. Akai was, indeed, frustrated; and he was emailing his girlfriend, so an argument can be made that he was merely venting and posturing,” Van de Veer wrote. “If so, it would be protected speech.” But looking at the totality of the emails, Van de Veer found they were a firm desire to harm. “Objectively speaking, it is difficult to conceive of a way to interpret the emails as anything other than someone responding to his situation at school with a serious threat to cause harm.” Van de Veer said the emails about bringing a gun and killing school staff are the First Amendment equivalent of crying fire in a crowded theater. Akai testified in the trial that he was just blowing off steam and never intended to follow up on the threats.

According to Van de Veer, Akai said he wrote the emails because he had been falsely accused of bringing a gun to school. Testimony at trial showed that his father kept the family guns under lock and key, so he wouldn’t have been able to carry out any threat. Van de Veer referred to an escalating series of events at the school involving Akai. Principal Whittle testified that he was concerned about the email threats, concerned about his own safety and those in the office. While Whittle did not have knowledge of Akai’s ability to carry out the threat, he was concerned about a pattern of escalating behavior problems with Akai over the school year. Van de Veer wrote Whittle took the threat seriously because of specific mention of school staff and Akai’s discipline history. While Akai testified at trial that he did not think anyone would read the emails or that they would be taken seriously, Van de Veer wrote that wasn’t reasonable. “A reasonable person in Mr. Akai’s place would have to foresee that emails sent discussing bringing a gun to school and killing half the office staff would be taken seriously,” Van de Veer wrote. “This is particularly true considering that Mr. Akai had been engaging in escalating behavior issues at the school.”

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