Crook County athletes win good-sport award

By Rachael Scarborough King / The Bulletin
Published: November 29. 2006 5:00AM PST

When Crook County High School’s varsity volleyball team won the Class 5A state championship nearly three weeks ago, the players were ecstatic at having defeated their Central Oregon rival, Mountain View, for the first time in three meetings this season.

But taking home the statewide sportsmanship award, head coach Rosie Honl said, was “icing on the cake.”

In the last few weeks, Crook County High School athletes have been honored by referees not only for winning, but also for being good sports whether they win or lose.

The volleyball team won the state championship and statewide sportsmanship award Nov. 11. A few days later, senior J.J. Hamon, co-captain of the boys varsity soccer team, won a $500 scholarship from the Central Oregon Soccer Officials Association for his leadership and sportsmanship during the season.

epartment, along with members of the student council, has been working to make sportsmanship an important part of being a student athlete at Crook County. Porter said that last year some student leaders drew up a good sportsmanship form for players and coaches to sign.

“It’s something we go over at every single contest,” Porter said. “We want to be a class act, win or lose – that’s one of the things we’ve really been pushing.”

He added that winning both sportsmanship awards in one year is a “pretty good accomplishment.”

Porter said that the various coaches talk to their players before each game about listening to the referees and maintaining a good attitude toward opponents. Hamon, the scholarship winner, said that for him sportsmanship means that he “tried to basically play as a good person.”

“I like to think (I won the award) ’cause I show leadership on the field and always try to make everyone feel that they are playing soccer to get better and not just to win the game,” Hamon said.

Honl said her team’s sportsmanship award was based on the behavior of the players, coaches and fans at the state championship, which took place at the University of Portland’s Chiles Center. The referees, ushers and other officials at the game picked Crook County as winners of the sportsmanship award out of the eight teams participating, Honl said.

“My girls are trained not to give dirty looks to each other or to refs; they are always very sportsmanlike,” Honl said. “We cheer for our team, we don’t scream or yell at the other team when they’re serving or that sort of thing, and it was a real positive crowd that we had.”

Boys soccer head coach John Ries said he emphasized sportsmanship to his players over the course of the season this year.

He added that Hamon, 18, epitomizes those values by encouraging his teammates to be polite to the referees, shake hands with their opponents at the end of the game and stop play if someone is injured on the field.

“He’s just been a strong supporter of sportsmanship,” Ries said.

Hamon, who plays center defense, said the $500 award will help him pay for college next year, although he is not sure yet which college he plans to attend.

“It will definitely take off some of the burden,” he said.

The Central Oregon Soccer Officials Association, which is made up of referees who officiate at 10 Central Oregon schools, gives the Gregory Scott Rivers sportsmanship/leadership scholarship to one senior athlete each year, according to a news release from the Crook County School District. The soccer officials also recognized the sportsmanship and leadership of Ries and the program as a whole. Gregory Scott Rivers was a member of the association who died in an accident at the University of Oregon about 11 years ago.

Volleyball team captain Angela Bailey, 17, said that she and her teammates “never brag about what we do.” A senior, Bailey said she has signed to play volleyball at Northwest Nazarene University in Nampa, Idaho, next year.

“I was more ecstatic about winning state than I was about the sportsmanship award, but it’s a nice feeling to know that we can come home with two trophies instead of just one, and our crowd was amazing,” Bailey said. “We deserved it.”


Prineville pair files second M37 claim

By Rachael Scarborough King / The Bulletin
Published: November 29. 2006 5:00AM PST

A Prineville couple upset with the outcome of their Measure 37 claim have filed a new claim seeking millions of dollars in compensation.

At Tuesday night’s city council meeting, Grover Palin, 80, told councilors that he is withdrawing his original Measure 37 claim and filing another that seeks development rights for a diner and either a motel or condominiums on the 15-acre property he owns on the rimrock within the Prineville city limits. He said after the meeting that he has already filed a new claim with the state.

But Prineville City Attorney Carl Dutli said he’s not sure whether Palin can file a new claim.

The Prineville City Council decided last month to pay Grover and Edith Palin about $47,000 instead of allowing them to build a house near the edge of one of the rimrocks that overlook downtown Prineville – the first time since Measure 37 passed that a municipality compensated a claimant for his development rights instead of waiving land use regulations.

The Palins originally intended to build a three-bedroom home on a 2-acre section of their property that sits on top of the rimrock near Meadow Lakes Golf Course.

Now, they want to build a diner on top and either a 12-bedroom motel or eight condominiums on the part of the property that slopes down the hill toward Crestview Road, a development that would be worth at least $1.5 million, Grover Palin said.

“Edith and I wanted a retirement home; we didn’t get it, so now if we don’t get that we might as well see how much money we can get,” Grover Palin said. “I’m looking at pretty close to $5 million.”

Palin said he has already filed a new claim with the state and planned to submit the paperwork to the county this morning. At Tuesday’s meeting, he presented the mayor, city attorney and city manager with a copy of the new claim.

Edith Palin, 79, said she and her husband consulted with attorneys about the decision on their first Measure 37 claim. She added that attorneys would have charged several thousand dollars to contest the results of the first claim.

“If nothing else, we’re going to give (the City Council members) a headache,” she said. “We’re not just going to lay down and roll over.”

Dutli, the city attorney, said he is not sure the Palins have a legal right to refile their claim.

“My initial reaction is, once a decision’s been made I don’t think you can withdraw,” Dutli said. “It’s just common sense.”

But Dutli added that the applications of Measure 37 are still unclear, more than two years after voters passed it.

“The problem with Measure 37 is, What are the rules?” he said. “Hopefully the Legislature will do something this year, but who knows.”

Measure 37 allows property owners to seek a waiver of land use regulations or compensation for their development rights if a regulation enacted after they bought their land diminishes its value. The Palins bought their property in 1963; in 1978 Crook County adopted a comprehensive plan that included zoning and the requirement of a 200-foot setback from the edge of the rimrocks, the flat-topped cliffs that encircle the city.

The city has not paid the Palins any money yet because the council’s decision to award compensation was contingent on the property owners also securing a waiver of land use regulations from the state.

When they decided not to allow the Palins to build on top of the rimrock, council members said they thought they were acting in accordance with the wishes of the citizens of Prineville.

But the Palins said that no one showed up to the public hearings on the matter and that their neighbors have told them they would not mind a house there.

Prineville Mayor Mike Wendel said he considers the Palins’ decision to refile the claim “poor business.”

Grover Palin said he has “nothing to lose.” He already has several partners involved in the proposed business venture, he said.

“Forty-seven thousand dollars is nothing,” he said. “Let them see if they can come up with $1.5 million.”

Crook County teen fights bone cancer of the leg

By Rachael Scarborough King / The Bulletin
Published: November 26. 2006 5:00AM PST

PRINEVILLE – When Crook County High School sophomore Tyler Smith learned that he had cancer four months ago, his mother was in the same hospital giving birth to his new baby brother.

“We found out that he had cancer and we got a new baby in the same week,” Dana Martin, Tyler’s mother, said.

Tyler, 16, was diagnosed with osteosarcoma – bone cancer – in his right leg in late July. He had surgery to remove the tumor Oct. 18 and is now undergoing chemotherapy at Doernbecher Children’s Hospital in Portland to kill any cancer cells that might have spread to other parts of his body.

Osteosarcoma is the most common type of bone cancer and teenagers are the most commonly affected group, according to the American Cancer Society. Men are also about 50 percent more likely to develop osteosarcoma than women.

Martin described her son as a social person who likes to skateboard and spend time with friends.

Crook County High School’s Sparrow Club, a student-run organization that supports children with serious illnesses, has adopted Tyler as its “sparrow.”

“They have been wonderful, they’re working really, really hard to help us,” Martin said. “Stuff like that really makes you know that you’re not alone.”

Joanna Knower, a junior at Crook County High School and president of the Sparrow Club, said that Brooks Resources Realty has pledged $4,060 for Tyleer, at least $2,560 of which club members must redeem through community service.

“We’re just hoping to make their lives a little bit easier through this whole time,” Knower said. “It not only helps Tyler and his family, it also influences the community in a really positive way because they see teenagers, who a lot of people think don’t do anything, trying to help one of their students.”

Martin said that right now the family is using the donations to finance Tyler’s trips to and from Portland, cover co-payments for his medications and to pay bills. She added that she thinks the family would not have been able to keep their house if not for community support.

Tyler said he has been able to see some of his friends, but he is not feeling well enough to go to school right now. He has a tutor at home and at the hospital in Portland so that he can keep up with his class and re-enter school as a junior next year. He still has 34 weeks of chemotherapy left.

Right now, Tyler is wearing a plastic cast on his leg after the surgery and using a wheelchair. His hair is short because of the chemotherapy and he has to have blood drawn for testing twice a week.

Even though Martin said Tyler doesn’t like getting so much attention, she hopes his story will make people more aware of the warning signs for osteosarcoma. Tyler had been having pains in his leg, which the family thought were growing pains. Eventually, they consulted their family doctor in Prineville, who sent them for a biopsy.

Tyler said he hopes that “if (people) are having pain somewhere or something’s been bothering them, make sure they get a regular checkup and go see a doctor and see what’s going on.”

Tyler’s cancer was caught relatively early. Doctors have given him an 80 percent chance of survival. At first, they thought they would have to remove his leg, but they were able to shrink the tumor enough before surgery to save the leg.

Martin described Tyler as “one of the bravest people any of us have ever known.” She said he has maintained a positive attitude, and his new brother, Cameron, helps. Martin also has a 12-year-old daughter, Chelsea.

“Cameron has really been our ray of sunshine, he really has been a blessing to all of us and helped us through this,” Martin said. “We’ve had so much support from not just the school, but the community. People just really come together, strangers that we don’t even know are helping – it’s amazing what people will do.”

Tyler and his family were all supporting the Beavers in Friday’s University of Oregon-Oregon State University Civil War game.

She said the first thing they want to do after Tyler is done with chemotherapy is attend an OSU game in Corvallis. Martin said that Tyler wants to attend either OSU or ITT Technical Institute, while his sister, Chelsea, definitely plans to attend OSU.

“People always ask me why I don’t complain or say anything negative,” Tyler said. “There’s no point in doing that because it’s not helping anything.”

Crook County garbage company changes hands

Owners pass on Prineville family business to daughter, son-in-law

By Rachael Scarborough King / The Bulletin
Published: November 24. 2006 5:00AM PST

PRINEVILLE – Gary Goodman has seen a lot of change in Prineville in the last 30 years – much of it from the driver’s seat of a garbage truck.

Goodman and his wife, Sally, have owned Prineville Disposal, Crook County’s only garbage pickup service, since 1977. Now, they are getting ready to hand the reins to another couple: their daughter and son-in-law, Emily and Steve Holliday.

The Prineville City Council and Crook County Court have both already approved the transfer of Prineville Disposal’s franchise from the Goodmans to the Hollidays.

Prineville Mayor Mike Wendel said that Gary and Sally Goodman are well known in the town as active supporters of the community.

“They’re willing to give back to the community (and) willing to help out,” Wendel said. “They have a lot of family values, they realize those are the things that are a part of Prineville and they’re happy to be a part of Prineville.”

Gary Goodman, 58, said he “cannot think of a time in 30 years when I have not been on one board or another.” Through the years, he said he has been involved in such organizations as the Prineville-Crook County Chamber of Commerce, Powell Butte Farmers Club and the Oregon State University Foundation board. The family has also helped sponsor the annual Fourth of July fireworks show in the community.

“That’s just something that I feel is important when you do business in a community, is to be a part of it,” he said.

Sally Goodman, 59, has also been very involved with the Crook County Parks and Recreation District, as well as other organizations, over the years.

The Goodmans moved to Prineville from Portland in 1977. Gary Goodman’s father owned a trash disposal business, and the chance to purchase a garbage company brought the couple and their then 1-year-old son, Geoff, to the area.

At first, they ran the business out of their home, picking up for 700 customers and parking their garbage trucks on the street at night. One of their employees was the former sheriff, who drove a truck in the morning and worked as sheriff in the afternoon.

In 1993, they purchased a former potato storage facility to house the business. They now have 20 employees and 5,000 customers. In 2005, the Goodmans bought out a competitor, Crook County Disposal, which had been serving about 1,000 residents living in the county.

Gary and Sally Goodman said they have witnessed Prineville grow from a “rough-and-tumble” place to a city with more diversity and economic stability. One of the biggest challenges they faced was the economic recession in the early 1980s.

“We had pooled all our resources to move here and I questioned my wisdom of moving here when the economy took a dive,” Gary Goodman said.

But Sally Goodman said she had never regretted the decision. Now, they are preparing to hand over the business to the next generation.

“Our energy is not as great as it used to be,” Gary Goodman said. “The town is rapidly growing and it just takes fresh legs to carry the torch.”

Emily Holliday, 28, said she never thought she would take over her parents’ company.

“It was just a really good opportunity to open our own business,” she said of herself and her husband, Steve, 34. “It just happened at the right time for both of us.”

Emily Holliday noted that she and her husband were at a similar place in their lives three years ago, when they moved back to Central Oregon and started working for Prineville Disposal, as her parents were when they bought the company 29 years ago. They had a young son, Wyatt, now 4, and after they moved to Prineville they had a daughter, Emma, now 15 months.

“It’s very odd how history repeats itself,” Emily Holliday said. “To some people it feels like maybe we just jumped in and wanted to take over, but we’ve been here.”

The Goodmans will continue to operate the liquid waste portion of Prineville Disposal – which they will call SepticPROs – while the Hollidays will run the rest of the business. Emily Holliday said that all of the services will stay the same, but she and Steve are hoping to expand recycling options in the future.

Crook County Court Judge Scott Cooper called Sally and Gary Goodman “the original entrepreneurs.”

“We always looked to Sally and Gary for leadership in the business community and we appreciate what they’ve done and their commitment to Prineville,” he said.

Gary Goodman said he feels “lucky to have found a job I love.”

“I just have always enjoyed physical labor and I liked getting my work done early in the morning before it got hot and I liked the interaction with the customers,” he said. “To think I was going to get paid for this I thought was really good … just being able to work outdoors in such a beautiful part of the state.”

Prineville eyes ways to ease congestion

Police say Third Street traffic leading to more accidents

By Rachael Scarborough King / The Bulletin
Published: November 21. 2006 5:00AM PST

PRINEVILLE – Sitting in his office that looks out onto Third Street in Prineville, Police Chief Eric Bush said he frequently sees accidents and traffic violations occur on the busy thoroughfare.

Still, he was surprised recently when he stepped into the crosswalk in front of the police department and witnessed a rear-end collision.

“The westbound vehicle stopped for me, and the vehicle behind plowed right into it,” Bush said. “Here I am as the chief of police, walking across the crosswalk in uniform, and accidents are happening right in front of me.”

With the number of accidents and traffic citations in the downtown corridor on the rise, city officials are looking for ways to make Third Street easier to navigate and more pedestrian-friendly.

On the west side of Prineville, U.S. Highway 26 and state Highway 126 both funnel drivers onto Third Street. This is the main corridor through the heart of downtown, lined with stores and the historic Crook County Courthouse. Third Street emerges on the east side of town as Highway 26, making it a site for heavy commercial as well as residential traffic.

Last year, a consultant for the city’s public works department was seriously injured after being struck in a crosswalk in front of the police station.

“I’m alive and well, I’ve recovered 90 percent,” the consultant, Ron Kleinschmit, said. “I’m cool, but I would love to see them put a median down the street.”

Bush said pedestrian accidents downtown are on the rise. According to police records, in 2004 there were 60 reported car accidents on Third Street, not including minor incidents; that number was up 13 percent to 68 in 2005. From January through October of this year, police responded to 53 accidents in the area.

The city scrapped plans for a median in the middle of Third Street between City Hall and the Crook County Courthouse because it would have prevented eastbound travelers from turning left onto Dunham Street, blocking access to a business. Now, city planners are studying the possible socioeconomic impact of extending Ninth Street to allow some drivers to bypass downtown.

The City Council wants to punch through Ninth Street, which intersects with Highway 26 on the west side of the city, to connect with Laughlin Road. The route would roughly parallel Third Street and offer another east-west access through Prineville.

City Manager Robb Corbett said he has heard concerns from city and county employees about crossing Third Street to travel between City Hall and the county courthouse, which face each other on opposite sides of the street.

“There appears to be some unique characteristics to this part of Third Street that might warrant some extra consideration, but at this point we’re not quite sure what the solution to that is,” Corbett said.

Corbett said the plan for extending Ninth Street is “five years out;” another construction project that would direct some cars to Second Street instead of Third will start in the spring. City planners are also looking for grant money to add “bulb-outs” – extensions to curbs on busy corners – to sidewalks downtown.

“There’s a large number of residents who live in Juniper Canyon, which is south of Prineville, and those people have only one way in and one way out, and that is right through the middle of town,” Corbett said. “So that has a significant impact, particularly as that grows it just adds to the congestion of the downtown community.”

One problem with the Ninth Street plan is that the route the City Council made a preliminary decision on in January would displace Wagner’s Price Slasher, a local grocery store. Terry Harper, who owns the business, said the lack of a store in the north end of town could create even more traffic because the other main grocery stores are on Third Street.

“It would be a negative impact, of course, there’s a lot of people that walk to this store that live around here,” Harper said.

A draft of a socioeconomic analysis done by Prineville city staff members concluded, “We do not believe that there is a special population that can only be served by Wagner’s Price Slasher … While no one in Prineville is likely to starve without Wagner’s Price Slasher, none of the alternatives is likely to substitute completely for the familiar and convenient neighborhood market.”

Harper said he does not know of any available land nearby for a supermarket. The analysis also included two other options for lengthening Ninth Street. One option would displace six homes and one business; a second would displace one home in addition to Wagner’s Price Slasher; and a third would displace three businesses.

As city officials grapple with the options for rerouting some traffic around Third Street, several owners of downtown stores said there is definitely more congestion, but it hasn’t had a great impact on their businesses.

“(The speed) is just real creepy-crawly down the road,” said Darla Estes, who owns Bread of Life Bagel Market with her husband, Steve. “Where we are there seems to be a good amount of parking, I know a couple blocks down farther into town it’s really hard to find a spot, but kind of right where we are we just seem to do OK – I don’t think anybody’s ever complained.”

Steve Estes said he is not sure how rerouting some traffic to Ninth Street would affect the volume of business in his store, which benefits from the “constant flow” of traffic on Third.

“I know that it’s going to take away some business, and I know that there is some people that see my sign and stop in,” he said. “I’d rather it stay like it is, but I know it’s not going to be able to because the town just can’t handle it.”

One local tourist spot, the Bowman Memorial Museum, is situated on the traffic hub at the corner of Third and Main streets. Gordon Gillespie, the museum’s director and a member of the Prineville City Council, said that the traffic outside the museum gives visitors a good sense of the growth the town is experiencing.

Gillespie said that, even though finding ways for traffic to move more smoothly through downtown could ease congestion, it could also make conditions more dangerous for pedestrians.

“I think most local people want to continue to have a downtown that feels like a welcoming place, a place they can meet their neighbors and visit the businesses down here in comfort and not have to worry about traffic,” he said.

M37 clause stirs up claims

Measure’s two-year deadline confusing some Oregon landowners

By Rachael Scarborough King / The Bulletin
Published: November 20. 2006 5:00AM PST

Confusing language in the text of Measure 37 has led to a spike in the number of claims filed in recent weeks in Crook, Jefferson and Des-chutes counties.

One clause in the measure seems to set a deadline of two years after it went into effect – Dec. 2, 2004 – for filing claims. But local planning authorities say landowners can still file claims after December, even though the process could involve more paperwork.

Measure 37 allows landowners to file a claim when land use regulations enacted after they bought their property reduce its value.

The measure reads: “Written demand for compensation … shall be made within two years of the effective date of this act, or the date the public entity applies the land use regulation as an approval criteria to an application submitted by the owner of the property, whichever is later.”

That means that people who want to file a Measure 37 claim on their land after December would have to first file a land use application, receive a rejection based on current regulations, and then file their claim, said Tanya Cloutier, senior planning technician for Jefferson County.

Currently, landowners can file a claim without first making a formal land use application and receiving a rejection.

Measure 37 went into effect 30 days after it passed, Nov. 2, 2004. Local planning experts said many claimants seem to believe there is a hard and fast deadline approaching in December.

“There is and there isn’t,” Cloutier said. “What’s happening at this point in time (is) that most people, rather than having to come in and go through an extra process to receive that denial, they’re trying to get it in before that Dec. 1 deadline.”

Cloutier said that Jefferson County has received 103 Measure 37 claims since 2004, and 19 in the last two weeks. Crook County has seen 34 claims filed overall, with about 10 in the last few weeks. Deschutes County has experienced a smaller bump, with 12 claims filed in the last five weeks out of 125 total.

“I guess the trend would be ramping up,” said Tom Anderson, director of the Deschutes County Community Development Department. “I would characterize it as a little spike to this point.”

Anderson called the language of the measure “a little bit ambiguous.” He said once someone’s land use application is rejected, they then have another two years to file a Measure 37 claim, assuming the claimant can show the rejection reduced the value of the land.

“If a person misses this two-year window next year, they may have to file some kind of land use application and be denied in order to have that enforcement kick in, which would give them another two-year window,” he said. “What form that enforcement needs to take is yet to be determined because it hasn’t come up yet.”

DeAnn Tschantre is a Bend resident who filed a Measure 37 claim with Crook County on 39 acres she owns in Powell Butte. She said she filed her claim in October in part because of the December deadline.

“We were going to try and sell the property first, but it’s just way more valuable if we can take advantage of the laws that applied to the property when we acquired it and divide it into three parcels,” Tschantre said.

Crook County Planning Director Bill Zelenka described the language of the measure as “clear as mud.” In fact, Crook County essentially sued itself in Circuit Court last year in order to help clarify certain aspects of the measure.

“What is really needed at some point is some real defined clarity to a bunch of these issues, including ownership, date of acquisition, transferability and those kinds of things, and they need to be consistent throughout the state,” Zelenka said. “It’s not fair to citizens if somebody in Crook County gets it one way under a looser interpretation and an adjacent county under the same situation would be much more restrictive.”

Crook County clarifies measure

Revision to M37 gives property owners two years to file claims

By Rachael Scarborough King / The Bulletin
Published: November 19. 2006 5:00AM PST

Nearly two years after Measure 37 went into effect, the Crook County Court is refining its ordinance for handling claims stemming from the property rights law.

The county took up its first major revision to the Measure 37 ordinance, to clarify the transferability of claims under the law, land ownership issues, methods allowed for determining property value and discrepancies between county and state policies.

Crook County Judge Scott Cooper said the new ordinance incorporates circuit court and state Supreme Court decisions, as well as two years of experience in handling Measure 37 claims.

County commissioners gave first-reading approval to the amended ordinance Nov. 8. The Court will consider the issue again Wednesday.

Last year, Crook County essentially sued itself in Crook County Circuit Court to determine whether Measure 37 rights could be sold or passed on along with a piece of land. In August, Judge George Neilson determined that Measure 37 rights can be transferred if the land has already been developed.

The County Court, which functions as the county’s commission, incorporated Neilson’s ruling into its revised ordinance. Under the revision, once a landowner has received a waiver of land use regulations under Measure 37 and made a substantial effort or investment into developing the land, the Measure 37 rights can be transferred.

“They’re all highly technical aspects of property law; (it’s) best to consult your attorney if you’re planning to file a claim under Measure 37,” Cooper said. “I don’t know that for most people that much was changed by the court’s decision because one of the things that we will receive as substantial effort is if you go out and you file a plat, subdivision or partitioning plat; then we will receive that.”

Measure 37 requires the government to compensate property owners or waive land use regulations if a new regulation decreases the value of land. Crook County passed its first ordinance dealing with Measure 37 in November 2004, the same month Oregon voters approved the ballot measure.

The revised ordinance also seeks to clarify issues, such as the timeline for claims, appraisal methods and public hearings.

Under the revised ordinance, property owners have a two-year window after their land use application has been rejected to file a claim, means other than a formal appraisal will be allowed for proving loss of value and public hearings officers will have greater flexibility for continuing hearings.

Cooper said the change that could become the most important deals with cases where the county waives regulations but the state refuses to do so. The ordinance now says the county will allow someone to build as long as he or she signs a statement saying the county is not responsible.

“We will go ahead and issue you your building permit if you indemnify the county against any repercussions from the state, so that if you end up getting in a legal battle with the state we don’t get dragged into the middle of it,” he said.

Cooper said the county allows a much broader definition of ownership than the state, one possible area of contention.

For example, if a business changes its corporate structure, the state may regard that as a change of ownership for land the company owns – possibly barring future Measure 37 claims – while the county does not.

“What we’re just trying to do is keep up with the ever-changing legal environment about how this thing is supposed to be interpreted, wishing at all times the (state) Legislature would step in and provide clarity,” he said.