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March 8, 2001
Stafford
vs. PALCO settled
When a landslide came loose
from the hills above the town of Stafford Dec. 31, 1996, it destroyed
houses and gave birth to a long and dramatic legal battle. Residents
of the town claimed the landslide and subsequent damage were
caused by irresponsible logging by Pacific Lumber and Barnum
Timber, allegations the timber companies denied.
After two judges and more than
four years, that battle came to a close this week with a $3.3
million settlement, all but $150,000 of which will be paid by
PL and its insurance carrier. The remaining money will be paid
by Barnum's insurance company.
The deal was announced March
5, the day a jury trial was to have begun. PL spokesperson Mary
Bullwinkel said PL was approached by the plaintiffs March 2 to
talk about a deal and the negotiations occurred over the weekend.
"We were prepared to go to trial," Bullwinkel said.
A statement released by the
plaintiffs alleges PL agreed to the settlement "in order
to avoid the jury trial."
The money will be dispersed
among the 26 Stafford residents according to estimates of how
a jury would have awarded damages, said Steve Schechtman, lead
attorney for the plaintiffs. Individual awards will range between
$90,000 and $200,000 -- minus legal fees.
"Everyone is happy with
the economics" of the situation, Schechtman said at a press
conference at the county courthouse after the settlement was
finalized. But Schechtman said the money doesn't address the
safety issues that remain for people still living in Stafford
-- another landslide could occur any time.
"We may have won the case
but the scenario of life under the landslide still exists,"
said Stafford resident Mike O'Neal. "No one is really in
a celebratory mood because of those safety concerns."
The only safety measure included
in the settlement is a range of lights installed at the foot
of the slope so that residents can monitor the hill by night.
Kim Rollins, who had to abandon
his house in Stafford after the slide, said the settlement was
fine but that he wanted to have his day in court. "I wanted
to testify and tell my story," Rollins said. "My grandfather
worked for PL for 50 years and my father worked for them for
40 years. I worked there briefly myself. I grew up believing
in the company. Nothing I saw today [in the settlement] will
bring that back."
Grand Jury
response available
The Humboldt County Grand Jury
is breaking a 10-year tradition this season by not distributing
the county government's response to the grand jury report through
local newspapers. The reason?
"Money," said John
Westrick, foreman of the jury.
"It costs about $5,000
to put it in the paper and we didn't have that much money so
we had to go another route."
The next best thing was to place
the document where people could easily pick it up -- at branches
of the county library. It may not be as convenient as having
the report delivered with your newspaper, but the price is hard
to beat: $600.
Five hundred copies have been
printed and are available at libraries as well as the county
administrative office in the courthouse. The response can also
be accessed on the Internet at www.co.humboldt.ca.us.
Riverwatch
suits also pending
Last week the Journal reported
on the Environmental Protection Information Center's intent to
sue the city of Eureka for alleged violations of the federal
Clean Water Act. In fact, Eureka, Fortuna and Fort Bragg have
all been notified they will be sued by another environmental
group, Riverwatch, for similar activity associated with their
wastewater systems.
Fortuna City Manager Dale Neiman
acknowleges that some violations have occurred. But, he said,
"What's frustrating is that we've been working with the
Regional Water Quality Control Board on fixing these." The
city needs to construct a facility that will adjust the pH level
of the wastewater, for instance -- but those changes are in progress.
Common to all suits is the Clean
Water Act, which requires agencies that discharge waste to have
a permit with specific standards for how pollution is to be treated.
The regional water board, which
has the power to fine Fortuna for wastewater problems, has so
far declined to do so because the city has been cooperating in
making changes.
Ironically, the board's tolerant
attitude may actually cost the city more. If the water board
had fined the city, the environmental groups and other private
parties would be prevented from suing.
The maximum fine for a single
violation is $25,000. The cost of a lawsuit is undetermined.
Fortuna and the board are investigating
whether a fine levied now would shield the city from further
legal action.
"With these suits under
the Clean Water Act, these people can sue you and then you end
up paying their attorney fees and your attorney fees," Neiman
said.
The Riverwatch/Fortuna lawsuit
has been sent to mediation, although a mediator and dates have
not been chosen.
Early
news show revamped
KVIQ-TV Channel 6 has changed
the structure of its 6-7 a.m. news program, joining with a sister
station in Santa Rosa to provide regional as well as local and
national coverage.
Jeanne Buheit, vice president
and general manager for the station, stressed that the increase
in regional coverage doesn't mean a reduction in local news.
"You'll see the same amount
of stuff from Humboldt County," Buheit said, but less national
and international news.
The show will be anchored by
Kim and Melinda Meza in Santa Rosa, with locals Dave Silverbrand
and Leslie Lollich contributing local news. The show's components
will be transmitted by fiberoptic cable and broadcast simultaneously
in both locations.
The counties to the south of
us that will now be included in these newscasts -- Sonoma, Mendocino
and Lake -- are important to us because they are affected by
many of the same issues, Buheit said.
"These counties share our
state and congressional delegations. The issues that affect that
area are crucial to us, especially when you talk about water,"
Buheit said.
Exit exams
really count
On Monday, just two days before
the freshman class of 2004 was scheduled to take the first part
of a new high school exit exam, the state Senate decided that
the test will be official. This is a reversal for Gov. Gray Davis
who offered a bill making the first run through for the controversial
tests a dry run.
It is not certain how many of
Humboldt County's 1,755 ninth-graders will take the English portion
of the test Wednesday, March 7. The math portion will be March
13.
"We don't know what to
expect," said Richard Thomasini, principal at Fortuna High.
Officials at all area high schools said that all freshmen have
been asked to participate -- and they assume almost all will
take the exams -- but at this point the tests are not mandatory.
On the day before the test,
administrators were scrambling to get ready for the untimed exam,
which may take as long as 2-!/2 hours to complete.
"It's a mess. The instructions
were done poorly," Thomasini complained. "None of us
are happy with the way they're going through with this."
Thomasini said there are advantages
to the students. For example, they will receive a post-test report
showing where they need work.
The failure of Davis' bill means
those who pass the test will not have to take it again. However,
the state has not determined what a passing grade will be since
no norm has been set.
A number of other questions
remain unanswered. It is assumed that not all ninth-graders will
pass the test, which is based on minimum standards for 10th-graders.
Since the freshmen who pass will not take the exams again, next
year's pool of sophomores -- who will be required to take the
exams -- will be statistically skewed by exclusion of the more
advanced classmates.
Janet Frost of the Humboldt
County Office of Education sees the test as an example of a governor
and Legislature acting too quickly in response to public pressure.
"There is some concern
that the state could be sued if a student is denied a diploma
based on a flawed test," she said.
Today's test question: Davis'
bill failed in a 24-12 vote that followed party lines. It required
a 2/3 majority. Why didn't it pass? (Hint: One Senate seat is
empty.) If you present this as a math problem show your work.
You may choose to compose an essay on the subject.
Fortuna
writer among the best
Fortuna writer Roy Parvin is
a happy guy. He just received the news that one of his stories
has been selected for Houghton Mifflin's prestigious anthology,
Best American Short Stories 2001.
Parvin was featured in a September
2000 Journal in
connection with his latest work, In the Snow Forest, a
trio of novellas. One of the stories from the book, "Betty
Hutton," was selected by author Barbara Kingsolver, editor
of this year's anthology.
"For a writer it's the
equivalent of getting an Oscar or a Grammy," said Parvin.
The anthology has been published
annually for more than 80 years. Parvin joins the ranks of Raymond
Carver, Walter Mosley, Joyce Carol Oates and Pam Houston, all
of whom have been included in recent editions.
Open studio
applications open
The Humboldt Arts Council and
the Ink People will host the third annual North Coast Open Studios
June 9-10, giving art lovers a chance to learn about their favorite
artists up close and personal.
"The main advantage for
artists is that it is another place to show their work,"
said Sasha Pepper of the Ink People. Entries cost $30 and are
being accepted by the council now through March 31. Call 442-0278
or 442-8413 for an entry form.
Dial 211
for resource help
Want to access health and human
resources in Humboldt County? The Humboldt County Switchboard
lets your fingers do the walking and in the future they won't
have to walk so far.
The switchboard uses the number
441-1001, but the Federal Communications Commission ruled last
summer that helplines like the switchboard can access the number
211. Intended as a bridge between the 911 and 411 services, 211
would be a "universal help line," the same wherever
you went.
Cheryl Alexander, executive
director of the switchboard, said funding needs to come from
within the community and she hopes the 211 designation would
raise awareness of the switchboard and foster support. The number
is not yet online, however. People seeking services should still
use 441-1001.
-- reported by Arno Holschuh
and Bob Doran
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© Copyright 2001, North Coast Journal,
Inc.
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