Covington/Maple Valley Reporter, August 31, 2012

REPORTER

COVINGTON | MAPLE VALLEY | BLACK DIAMOND

NEWSLINE 425-432-1209

IN CLASS | Kent School District’s budget increased slightly this year [page 3]

LEGENDARY | Jerry ‘The King’ Ruth reflects on his life on the drag strips of FRIDAY, AUGUST 31, 2012 Pacific Raceways and beyond [10]

A DIVISION OF SOUND PUBLISHING

WEBSITE | Check the website for breaking news, sports and weather stories. maplevalleyreporter.com or covingtonreporter.com

Judge rules in favor of city, YarrowBay on appeal

BY DENNIS BOX

THE ORDER

dbox@maplevalleyreporter.com

The judge wrote in the order, “TRD’s Land Use Petition fails to meet the standards set forth in RCW 36.70C.130(1) for granting relief.”

Black Diamond Mayor Rebecca Olness wrote in a message Monday, “Once again the court confirms that the city followed the law and did the right thing.”

The judge affirmed the approval of the permit ordinances for both projects and the adequacy of the environmental impact statements.

The ordinances approving the two developments were passed unanimously by the Black Diamond City Council in September 2010.

King County Superior Court Judge Patrick Oishi ruled Monday in favor of YarrowBay and the city of Black Diamond concerning the Land Use Petition Act appeal filed by Toward Responsible Development.

The judge dismissed the petition “with prejudice” meaning the petition cannot be refiled in that court. The ruling can be appealed to state Court of Appeals.

TRD filed the appeal against YarrowBay’s two master planned developments, The Villages and Lawson Hills, in October 2010.

The judge also directed TRD to pay the “cost and statutory attorneys’ fee” for the city and YarrowBay. Listed as petitioners in the document are Cynthia and William Wheeler, Robert Edelman, Peter Rimbos, Michael Irrgang, Judith Carrier, Vicki Harp and the estate of William Harp and Cindy Proctor.

Oishi’s document noted TRD claimed violation of the petitioner’s Constitutional rights. That issue was moved to U.S. District Court. The claim was dismissed July 8 by District Court Judge James L. Robart.

In April the state Supreme Court denied a petition for review requested by TRD of a Court of Appeals decision. [ more APPEAL page 4 ]

Council backs effort to bring Jenkins Creek Notch into UGA

Injunction request filed by city against GSG

BY KRIS HILL

BY TJ MARTINELL

khill@covingtonreporter.com

tmartinell@maplevalleyreporter.com

Covington has decided to throw its support behind expanding the urban growth area in order to create a more logical city boundary as well as a space that could potentially be home to businesses such as Target and Lowe’s.

Mayor Margaret Harto has sent a letter on behalf of the City Council. The council approved it following the presentation of a Northern Gateway Study at its Aug. 14 meeting, which stated it supported bringing the 275-acre Jenkins Creek Notch into the COVINGTON UGA. That would then allow Covington to annex it along with another set of parcels across state Route 18.

The goal of the study was to find out if it’s a good idea to move one section of land from rural to urban in order for the two sites — both located off the 256th exit of state Route 18 on either side of the freeway — to be developed in the future by their respective owners. The entire Northern Gateway Study area, which is

The city of Maple Valley has filed a request for an injunction against Green Society Group to prohibit it from operating, as well as a complaint of moral nuisance.

The complaint, filed Aug. 10, claims that GSG is operating a collective garden or medical marijuana dispensary, which violates a city ordinance prohibiting collective gardens, as well as both state and federal laws which prohibit dispensaries.

According to the complaint, “GSG has no MAPLE right to operate VALLEY its marijuana distribution business within the City’s corporate boundaries as such business constitutes a moral nuisance…because Defendant GSG is illegally delivering and/or possessing a controlled substance at its place of business.”

GSG’s owner, Chris Schoonover, as well as his attorney, Jay Berneberg, have repeatedly stated that the business is a management company for collective gardens and does not fall under a collective garden moratorium or ban.

[ more NOTCH page 4]

Andrews, 15, stacks spiral notebooks Aug. 22 at the Black Diamond Community Center which Ready For Tea was hosting a back-to-school event for families in need. Youngsters were able to get backpacks, and hair cuts during the event. Andrews is a sophomore at Tahoma High.

The First Day pencils, markers, notebooks To view a slideshow go to www.maplevalleyreporter.com.

KRIS HILL, The Reporter.

[ more INJUNCTION page 6 ]

[2] August 31, 2012

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Desire to help drove Perciful and Passarelli to Taylor Bridge fire

BY TJ MARTINELL tmartinell@covingtonreporter.com

While most fled from the Taylor Bridge wildfire earlier this month Tim Perciful and Ginger Passarelli did the opposite.

As soon as news broke Aug. 14, they headed to Cle Elum to see how they could help. Passarelli, whose Soup Ladies provide meals to support first responders during emergencies and disasters, came back after she found a Southern Baptist Disaster Relief team had filled the role. “They are an awesome group,� she said. “I worked with them after (Hurricane) Katrina. They put out a ton of food.�

Perciful, on the other hand, found himself working as one of 19 public informa-

tion officers for a Washington Incident Management Team (WIMT) for the next nine days as firefighters worked to contain one of the biggest wildfires in the Northwest.

Perciful, the spokesman for Mountain View Fire and Rescue which serves Black Diamond and Auburn, first responded on behalf of the American Society for the Prevention of Cruelty to Animals, which requested he visit an animal shelter near Ellensberg to see if any help was needed. After he drove down there, however, he found he was not needed and headed over to the chimpanzee sanctuary near Cle Elum where his wife works as a caregiver. While he was preparing to head back to Black Diamond he learned he was needed as a PIO on

the third day of the fire. By the time Perciful arrived, more than 1,000 firefighters had been deployed across the region, either containing the fire or placed strategically near residential areas to protect homes. He credited local fire departments and initial responders with helping to minimize the fire until further help could arrive. “If it weren’t for their hard work this fire would have been a lot worse,� he said. “They had a helicopter on scene in the initial hours after the fire started.�

While the fire at that point had been 20 percent to 30 percent contained, Perciful said they still faced potentially an even worse emergency if the fire spread north, near the unincorporated community of Liberty, where it could have entered mountainous

terrain extremely difficult for firefighters to access with vehicles due to the limited number of roads. “It would have been really hard for the firefighters to contain it, so there was a big push to not let it go any farther,� he said.

As information came to Perciful, sometimes quickly, sometimes in small pieces, he and the other PIOs would then distribute the information, with a high priority on the most critical, to local media outlets, as well as the residents whose homes had burned down and had no access to the Internet or a TV. “It’s a very different scenario than in the normal basis because we have such a different audience,� he said.

Additionally, the fire attracted worldwide attention ranging from a news crew

from Beijing to a documentary filmmaker from Central Washington University.

Perciful said they would receive updates from their operation section chief twice a day, one at 6 a.m. and another at 4 p.m. He said they had to be careful to ensure the information they sent out was accurate, as the situation could easily change between those times. “Our most current information came right after that form in the evening,â€? he said. “We would try to make phone calls to everyone who tried to contact us, TV stations, radio stations, newspapers, and call back giving them an update telling them what was going on‌We had to be very careful about what we put out. It’s a fluid situation. A lot of communication has to happen and when

you’re in a situation where communication is difficult it’s not the most accurate.�

Meanwhile a provisional camp was set up at Cle Elum middle and high schools to house the firefighters.

While the command staff set up in the school buildings, firefighters slept in tents that filled up both of the sports fields. Perciful, however, said he spent some of those nights sleeping in his van.

In the morning and at night, prison inmates convicted of either minor crimes or on good behavior provided the firefighters with breakfast and dinner. For lunch, the firefighters received their meals from semi-trucks driven to their locations.

While the agencies fought to prevent the fire from spreading, Perciful said they

[ more FIRE page 3 ]

August 31 , 2012 [3]

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Kent Schools budget sees slight increase

BY KRIS HILL khill@covingtonreporter.com

This year the Kent School District’s budget will include an increase in spending for the first time in four years.

Granted, it’s a fairly modest increase of about $5 million in a budget that totals out at more than $300 million, still it’s good news compared to the $14 million the district had to cut out of the 2011-2012 budget.

Kent’s Board of Directors approved the budget at its Aug. 22 meeting. All school districts in Washington state must have their budgets approved by Aug. 31.

Another piece of good news this year, said the district’s Director of Fiscal Services Ralph Fortunato, was the fact there was no need to cut jobs. “We’re back to where we were (with the budget) in 200809,� Fortunato said.

Fortunato explained that one of the larger chunks of the increased spending this year is $2.15 million on inclusive education for children with special needs.

With the addition of the iGrad program for retention and recovery for students, that meant the district has another school this academic year, bringing the total to 41 so there was additional money spent there. And while the district saved nearly half a million dollars through its energy management program which helped KSD retain jobs, it also expects to spend about $1 million to gas up district buses thanks to rising fuel costs. “We’ll spend about $6 million in utilities, too,� Fortunato said. “We haven’t even educated a kid yet, and we’ve spent $10 million.�

That number includes the money the district spends on four different required insurance policies. Another reason the district will spend more money this year than the previous school year is in preparation for a shift to a new standards-based approach. “The big one on the instructional side will be moving us

[ FIRE from page 2] they encountered another and rather unusual problem — a deluge of donations from across the state.

Although Perciful said it was amazing how the community responded, the massive

influx of donations left them with either too many donations or donations they were unable to use. “Someone tried to donate a lot of meat, but we couldn’t accept it because we didn’t know where it had come

over to the Common Core State Standards,� Fortunato said. “We’re doing a big roll out.�

District spokesman Chris Loftis explained that the district has set aside a significant chunk of cash to train staff as part of the shift to CCSS. It will take time to fully implement because of the size of the district, which has some 27,000 students and 3,000 staff. “The primary objective is to increase student achievement,� Loftis said. “But it’s also important to be respectful of the work force so they are prepared.�

Like every other school district in the state, one of the biggest challenges while working on the budget in the spring is waiting on the Legislature to finalize its budget to see how federal dollars will be funneled into district coffers as well as what the state can spare for public schools.

Fortunato explained that the budget team, which is made up of five staff members, begins working in November or December then the heavy lifting is done from January through May. “Last year, we didn’t have a budget from the state Legislature until May,� Fortunato said. “This year we got it in April and we were able to button up the budget by Aug. 1.

You try to guess what’s going to happen ‌ then you get something completely different.�

When Fortunato started with the district in 2004, the state’s share of revenue was 69.5 percent, today it’s about 65 percent. “Our local property taxes back in 2004 was 19 percent of our total revenue,â€? Fortunato said. “Today it’s 23.6 percent ‌ or a difference of 4.6 percent. There’s been a shift from the state back onto the local.â€?

This year developing the budget was a quiet process, Fortunato said, especially compared to the previous four.

And when looking at this year’s budget, district staff also try to plan ahead at least two to three years beyond, or more if possible, Loftis said.

“The thing people have to remember as we navigate these things, we not only have a responsibility to today’s students, today’s parents, today’s teachers, today’s community, we also have a responsibility to their grandchildren,�

Loftis said. “If we’re not wise now, we’ll be especially foolish in the future.�

Fortunato pointed out that at this point there are projections for a $500 million shortfall in the state’s budget for next year which means significant growth in revenue for the state is not expected.

What is particularly concerning, however, Fortunato said, is what could happen to federal funding levels which could have an impact not just on schools but on programs and services across the board. If large cuts were to happen at the federal level, Fortunato said, the district is prepared for a loss of $2 million to $4 million.

Fortunato added that the district has used reserves to balance its budget, a fairly common tactic when organizations have to tighten their belts so to speak. The hope, however, is to move away from that practice as soon as possible.

Loftis said paying for things with money from the reserves is like paying your mortgage with your credit card.

This year, at least, the district is using less of the reserves with an eye toward paying those withdrawals back.

While this year’s budget is now finalized and approved, district staff will keep a close eye on the November general election to see what kind of policies might come into play in the next legislative session with a new governor for starters. From there, it’s just a matter of planning the best they can until the next legislative session is complete. “We’re planning more than just one year,� Fortunato said. “We’re actually thinking ahead. We’re planning two or three years ahead and how are we going to sustain that.�

from,� Perciful said. “We couldn’t (risk) making the firefighters sick. (But) the community support for this fire was incredible. I’ve never seen community support like this. It was all over Washington. We had trucks full

Although Perciful did not go near the fire, he said that he visited areas that had already burned or spot fires.

Finally, by Aug. 21, the fire was 90 percent contained, and within two days Perciful was allowed to head back

of Gatorade, water, socks. It was just amazing. So much so we had to say we can’t accept anymore. We just didn’t have anywhere to put it. We were giving it to the shelter because it was way too much for us to handle.�

The PowerPoint with the budget presentation can be found on the district’s website at www.kent.k12.wa.us. Click on School Board, then Meetings and Agendas, click on the Aug. 22 agenda then go to the 2012-13 budget presentation. There will be a link embedded to download the presentation.

home. The fire is believed to have been started by construction work on the Taylor Bridge.

The wildfire is estimated to have caused $8.3 million in damage and consumed 20,000 acres.

[4] August 31, 2012

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[ APPEAL from page 1] The appeals court reversed the Central Puget Sound Growth Management Hearings Board decision stating the city should have used a legislative rather than quasi-judical process to approve the MPD ordinances.

RULE OF REASON The LUPA appeal was argued before Oishi Aug. 3.

Concerning the MPD permit ordinances, Oishi wrote, “The Court has not been left

[ NOTCH from page 1] bisected by SR 18, takes in 484 acres and is surrounded on three sides by the city of Covington.

Known for years as the Northern Notch, the 275-acre chunk of land bounded by state Route 18 and Southeast Wax Road to the south and north then 180th Avenue Southeast on the west, has been on the city of Covington’s potential annexation area list known as PAA No. 4.

Barry Anderson, a Covington resident whose company BranBar owns 70 acres in the Notch, submitted an application in 2011 to the county to get the UGA boundary changed.

Covington Community Development Director Richard Hart said this is not the first time Anderson has pleaded his case to the County Council.

In 2004 and 2008, Anderson requested that the entire Jenkins Creek Notch be brought into the urban growth area, but was denied.

Hart said previously the City Council didn’t support those efforts because they didn’t have enough infor-

with a definite and firm conviction that The judge stated TRD “failed to overa mistake has been committed, which is come the substantial weight that SEPA required in order to grant relief under this (State Environmental Protection Act) restandard of review.� quires this court to accord The Villages The judge noted there was “reaEIS Adequacy Decision and the Lawsonably thorough discussion of the son Hills EIS Adequacy Decision, YARROWBAY and meet their burden to establish significant aspects of the probable environmental consequences� that the EISs are inadequate for The concerning the final environmental Villages and Lawson Hills projects.� impact statements or FEIS for The The city’s hearing examiner, Phil Villages and Lawson Hills.

Olbrechts, wrote a decision which stated “The Villages FEIS and Lawson Hills the projects environmental impact stateFEIS are therefore legally adequate,� Oishi ments were adequate in April 2010. wrote.

More than two weeks of public hearings

APPEAL

mation about it and the timing wasn’t ideal to do a study such as was recently completed. “They really wanted to study the area like this ‌ to find out what exactly existed there, what the issues were,â€? Hart said. “We wanted to go into detail of the specific King County policies. We wanted to have good rationale. The county said, ‘We’d really rather deal with this when you know what the city’s position is.’â€?

Both property owners involved funded the study, Hart said.

In late April the city hired Seattle-based economic consultant Stalzer and Associates to put together a study evaluated a number of things.

It included an economic and fiscal analysis as well as a buildable lands update which are the primary concerns for King County.

Those countywide policies that such decisions are based on drove the study, Hart said, specifically six criteria. The study found the city met five of the six criteria.

What wasn’t met had to do with buildable lands that is based on housing

Team You Can Trust.

and jobs growth targets but two things,� Hart said. making decisions on that “The health care industry: data is precarious, at best, we’re the medical provider Hart said, because it is not of southeast King County, all collected in sync so it is that’s driving a lot of things not all current enough to in Covington. The other provide accurate projecthing we are in Covington tions. is a regional retail service “It has become evident center for southeast King through the course of this County and that has come study that there since Costco are a few uninopened.� “We’re appealing tended conseThat growth to them that the quences placed has demonstrated original decision upon the city as that projections for Covington’s a result of the for 2006-2031 boundaries were outdated 2031 were far too low set improperly.. It growth targets and it has driven should’ve been a give to the city a greater need for part of Covington under the 2007 space, according 14 years ago and (buildable lands to the letter, for it should be a part homes and retail. report),� Harto’s of Covington now.� letter to the “Much of Richard Hart County Council stated. “Numerous mitigating factors suggest those targets may have been allocated below the trends that were occurring in southeast King County at that time. Those targets are no longer appropriate given the economic growth seen in our city over the past five years.�

During the past four years, while nearby communities struggled as a result of the recession, Hart said, Covington has gained jobs. “A lot of it is driven by

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our downtown commercial land lends itself to more infill development with small commercial and office buildings and is intended to provide a sense of place to the Covington community,� the letter stated. “The available vacant or re-developable properties in downtown are not conducive to locate a future retail center and the city is responding to the needs and desires of our residents to shop locally and create a reduced carbon footprint by not driving many miles for regional

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To view the entire study log on to www.ci.covington.wa.us, click on “Northern Gateway Study� under Quick Links on the left hand side of the page, then scroll down and click on “Final Phase 1 Documents.�

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that decision, a couple other things have to happen.�

First, Mayor Pro Tem Jeff Wagner and Councilman Wayne Snoey will take the city’s case to the Growth Management Planning Council, which is made up of a cross section of community members including local elected officials from King County, Sept. 11, followed by County Council subcommittee meetings set for Sept. 12 and Sept. 19.

The subcommittee will consider the study, and both bodies will forward their recommendations to the County Council which Hart said will likely vote in late September on the proposed UGA change as part of its comprehensive plan update which the county does every four years. “We’re appealing to them that the original decision for Covington’s boundaries were set improperly,� Hart said. “It should’ve been a part of Covington 14 years ago and it should be a part of Covington now.�

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retail services.�

In addition, the letter further argues the point that the city’s boundary is not logical. “The Notch is surrounded on three sides by the City of Covington and development patterns are similar to those found across the street within the city limits,� the letter said. “This irregular city boundary makes little sense as the Notch is a peninsula jutting into the existing city limits.

Common sense suggests that the Notch should have been within the original city limits of Covington upon its incorporation in 1997 since the land is very similar to surrounding properties that were included in the original city limits.�

Ultimately, Hart said, the city is attempting to appeal to the County Council member’s common sense.

The County Council will consider bringing one of the parcels into the urban growth boundary as part of its comprehensive plan update. “The letter was sent to the King County Council members because ultimately they are the decision makers,� Hart said. “However, prior to the King County Council making

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were conducted by Olbrechts in March 2010.

In his decision, which was upheld by Oishi, Olbrects wrote, “An EIS is adequate if it contains a reasonably thorough discussion of probable significant adverse environmental impacts.

Olbrechts stated in 2010, “(The) adequacy standard does not require perfection. It requires reasonableness.�

Oishi referred to applying the “rule of reason� in his decision and it was discussed several times during the Aug. 3 Superior Court proceeding.

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REPORTER

COVINGTON | MAPLE VALLEY | BLACK DIAMOND

A Division of Sound Publishing

Polly Shepherd publisher: pshepherd@kentreporter.com

425-432-1209 ext. 1050 Dennis Box editor: dbox@maplevalleyreporter.com 425-432-1209, ext. 5050

Kris Hill assistant editor: khill@maplevalleyreporter.com 425-432-1209, ext. 5054

TJ Martinell reporter tmartinell@maplevalleyreporter.com 425-432-1209, ext. 5052

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August 31 , 2012 [5]

� Q U O T E O F T H E W E E K : �I am sensitive. Touchy-feely; that’s me.� - Editor Dennis Box

Tips for the new journalist

For me, watching the growth and progress of the citizen journalist phenomenon has been a mixture of optimism and healthy reservation.

A historian and author whose blog I follow has remarked repeatedly how the Internet has affected access to information and publishing greater than any other invention in history, including the Gutenberg press.

Practically anyone with access to the Internet can create their own blog for free and write about whatever they wish to, with access to an audience unheard of in any other prior time.

Among such creations is the emergence of the citizen journalist — people who have no background in journalism or direct ties to a media outlet or organization who report on what is going on around them on Facebook, blogs, websites and YouTube.

While many elitists in the media scoff at the uneducated “peasant press� who comprise these infringe on another person’s rights by writing type of journalists and reporters, I personally see whatever you want about them. You are entitled it as an added protection against encroachments to your own opinion, but not to your own facts. on civil liberties. Before, a government could For example, a blogger in Oregon, while writcontrol practically all of its citizens’ access to ing about a land use issue, accused an attorney information through the press. Now, it is virtuof committing tax fraud. The attorney sued and ally impossible to do so. This type of journalism won. The fact that she posted it online didn’t also allows subjects or issues to be covered that help. You may be posting it online, but legally regular journalists can’t cover due to limited it’s the same as though you published it in a resources or because they simply don’t newspaper. “The First Amendment hear about it.

Before you write a single gives you freedom of speech At the same time, however, since sentence, study journalism most citizen journalists have no formal and press, but that does ethics thoroughly. Know the not give you the ability to education in journalism, they often difference between libel as well infringe on another person’s have trouble differentiating between as defamation of character blogging and reporting. rights by writing whatever (slander, too, if you plan to They also don’t have a firm grasp of you want about them. You video tape yourself then post it journalism ethics or their state laws, are entitled to your own to YouTube) and how you can which gets them into trouble when opinion, but not your own avoid it. Study Supreme Court they interview or quote people. facts.� TJ Martinell cases like New York Times v.

Several weeks ago, I read a story Sullivan that pertain to public about an activist journalist in New officials as opposed to “limited Hampshire who was charged with three felony purpose public figures.� counts of wiretapping.

For example, you have a wider latitude to critiAfter videotaping a possible incident of excescize public officials or figures than private citisive use of force by a school liaison officer at a zens. When writing stories involving a possible high school, he called up both the police departcrime, everything is “according to� or “allegedly� ment and the school for comment on it. During unless it has been proven in a court of law. Read the interviews, he videotaped himself, which up on your state’s laws on telephone recordincluded audio recording. ing or, if you’re a video/photo journalist, know The problem is, New Hampshire, like Washthat in three states it is now illegal to record any ington, has an all party consent law, which on-duty police officer. Save all your notes from requires all parties in a telephone conversation interviews. Document everything. to consent to a recording.

If in doubt about an issue, you can also check After the journalist posted the videos on Youout the Poynter Institute’s website where the staff Tube with the interviews, he was later charged occasionally post answers to questions journalfor wiretapping. Had he simply written down ists have. Traditional media organizations and their statements and typed them up, he would groups like the Reporters Committee and Socihave been fine. ety of Professional Journalists can also be of help.

In the interest of helping citizen journalists out there get started, here are a few recommen2. IF YOU PLAN TO REPORT BY WRITING ABOUT A dations before you proceed.

TJ Martinell Staff writer

OUR CORNER

COVINGTON MAPLE VALLEY

OPINION

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TOPIC, PRACTICE BEFORE YOU DO IT FOR REAL.

1. PROTECT YOURSELF LEGALLY A mainstream reporter has no more rights than any ordinary person when it comes to what they write or publish. The difference, however, is that a reporter’s education, and their editors, tells them what they can or cannot say. The First Amendment gives you freedom of speech and press, but that does not give you the ability to

Journalism writing is not blogging. It has its own style thanks to the Associated Press and, depending on the story, a different lead. You don’t necessarily have to follow AP style, but if you aren’t a natural writer, practice before you actual begin reporting. Analyze newspaper stories, not so much in terms of the content but in how the story itself is written. Understand how to write a story inverted pyramid or with a nut graf. Much

of my own skills as a reporter developed from years of reading the newspaper in the morning as a kid. By the time I got to high school I knew how to mimic the style without much assistance or explanation. It can take a while to get used to, so practice by writing stories that you don’t intend to publish, or role play interviews with friends and family on the phone or in person in order to enhance your note-taking ability.

Also, before you publish anything, have someone else read it. It’s amazing what mistakes or corrections a person can spot with fresh eyes.

3. CHECK, DOUBLE CHECK AND TRIPLE CHECK FOR ACCURACY There’s an old saying in journalism: If your mother says she loves you, check it out. Do the same with any facts you put in your stories. Confirm any factual assertions with original sources.

Don’t accept something posted in another story unless it can be verified through another source.

If in doubt about a quote you want to use, call up the person to verify you quoted them or summarized their remarks accurately.

The mark of a good reporter is one who rarely has to correct an error.

If you don’t understand an issue, particularly a controversial one, contact experts who aren’t necessarily involved in the particular case who can offer unbiased explanations.

If you’re still in doubt, don’t post. Just don’t do it.

4. BE AS PROFESSIONAL AS POSSIBLE Because of the perception people have of bloggers, they aren’t as concerned about their conduct or what they write since it is inferred to be the writer’s opinion. But if you claim to be a reporter, activist or not, you will be expected to adhere to the same ethics as a traditional reporter. The reason why is because a blogger states an opinion, whereas a reporter claims authority as news or a source of information.

There is nothing wrong with expressing your opinion in a story based around facts you have gathered or through interviews conducted. That’s what columnists do.

But throwing in inflammatory rhetoric and/or unnecessary attacks is lazy and demonstrates a lack of restraint on the part of the writer.

[6] August 31, 2012

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Complaint filed on behalf of Maple Valley smoke shop

BY TJ MARTINELL tmartinell@maplevalleyreporter.com

A request for an immediate injunction has been filed against on behalf of roll your own cigarette businesses like Maple Valley’s PJ Smoke Shack.

Karen Byrd, who runs the PJ’s Smoke Shack with PJ Abbott, said that although their smoke shop isn’t directly involved in the lawsuit, they are contributing financially to the RYO Coalition of America, which is helping to foot the legal costs. “Most of us are funding it,� she said. “All of the vendors and members are

[ INJUNCTION from page 6] Schoonover described his business in April as specializing in “palliative care and networking solutions,� which includes medical marijuana collective gardens. According to the city’s complaint, GSG is listed as an “Herbal Medicine Clinic� as the business activity within the lease document for the business which is located in Frontier Village, 22010 S.E. 272nd St. The city also alleges that as a part of its limited li-

affected one way or another, including shop keepers, vendors and the people that make the machines. The rest of us are doing our best to fund it even though all of our stores are shut down.�

With the smoke shack closed for almost two months, Byrd said that unless the injunction is successful she will be forced to get out of the business, although she added that she intends to wait until a decision is made. Currently, Byrd said they have two leases, one in Maple Valley and another in Covington where they had hoped to open another smoke shop.

The injunction, filed

Aug. 14 by Tobacco Outlet Express LLC and Fredom Filler LLC, seeks to halt the enforcement of an unusual provision within a federal highway bill that broadened the definition of a tobacco manufacturer to include RYO businesses, which makes them subject to the same federal excise taxes and regulations. “Before the Amendment, federal permitting requirements applied only to commercial cigarette manufactures, and expressly exempted all cigarettes made by consumers for their personal use,� the complaint stated. “The Amendment, however, now

subjects retailers offering in-store cigarette rolling machines used by consumers to produce cigarettes for their personal use, to the permitting requirements and attendant regulations that previously applied only to large-scale manufacturers that sell pre-packaged cigarettes.�

The complaint also claims that the provision violates both the equal protection clause in the 14th Amendment “by arbitrarily distinguishing between in-store and at-home consumer production of cigarettes for personal use.

There is no rational reason for the law to distinguish

between the consumer production of cigarettes, simply based on where such production takes place‌.

The Amendment’s irrationality is explained by its real purpose: to insulate the major tobacco companies from competition.�

The complaint also states that the provisions violates the takings clause in the Fifth Amendment “by eliminating all the use of the Plaintiff ’s machines, and, thereby, destroying the Plaintiff ’s business of selling the machines.�

The complaint also addressed a notice issued by the Tobacco Tax and Trade Bureau (TTB), which said

ability corporation formation agreement filed with the Washington Secretary of State, GSG indicated the purpose of the agreement was to “formally establish a Collective Garden for the purpose of producing, processing, transporting, and delivering cannabis for medical use.�

The complaint cites alleged statements from various individuals, including testimony Schoonover gave at the Planning Commission’s June 6 meeting, during

his testimony he stated, “we’re not like many other collectives.�

The complaint also references a statement by Schoonover quoted in a dopemagazineonline.com story, in which he said, “making sure we know the patient before we give them medicine is something that will happen each and every day.�

According to the complaint, after the City Council voted to pass a ban on collective gardens at its June 25 meeting, the city sent a letter to GSG informing the owners that their business activity violated the city ordinance. A final letter was sent July 19.

The complaint also states

that a King County undercover detective assigned to investigate whether or not marijuana was being distributed by GSG was able to purchase marijuana and marijuana product under an assumed name from GSG. The complaint also seeks a $25,000 award from each defendant. GSG’s attorney said they are in the process in responding to the complaint. They have 20 days to respond from the day the complaint was filed. All the defendants in the complaint have been served except Jon Hofer. The conflict between GSG and the city first began after its grand opening April 20 when it was found that various improvement work was conducted without per-

mits. Unsafe, do not occupy and stop work order notices were placed on the front door to the business May 3.

The city also cited the business for allegedly violating its year-long moratorium on collective gardens.

Berneberg appealed to the city’s Hearing Examiner later that month. The hearing examiner proceedings on the citations were in late July. Ultimately, Maple Valley Hearing Examiner upheld the city’s stop work order to a medical marijuana business, but dismissed nine others. The hearing examiner had not released his findings of fact on the moratorium citation prior to the Reporter’s press deadline.

Green Society Group is no longer open for business, according to a Maple Valley city staff member.

The premise was closed, window shutters closed and phone system “full and cannot accept new messages.�

When asked in a telephone interview, GSG owner Chris Schoonover declined to comment. Schoonover’s attorney did not return an email requesting a statement.

Schoonover’s business partner Jon Hofer said he ended their business partnership in July.

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it would not process permit applications for business subject to the new legislation. “This action in and of itself is a regulatory taking that violates the United States Constitution because, without the newly required permit, those businesses cannot operate. In addition, even if TTB processes applications, it will inevitably refuse to issue permits because it is impossible for these businesses offering the in-store machines to comply with new requirements.�

The smoke shop is located at 23714 222nd Pl. S.E.

REPORTER

COVINGTON | MAPLE VALLEY | BLACK DIAMOND

22035 SE Wax Rd., Suite 20, Maple Valley, WA 98038

253.872.6612

Most of the cells in the human body have a very specific, specialized job to do. Stem cells, however, are different. Stem cells are a remarkable type of cell that have the potential to develop into many different kinds of cells. When a stem cell divides, the new cell has the ability to either be a stem cell or to become a more specialized cell such as a brain cell, red blood cell, or muscle cell. Stem cells have the capability of renewing themselves through this process of cell division even after long periods of inactivity. Because of these characteristics, researchers have been actively looking for ways to use stem cells to treat diseases such as diabetes and heart disease.

Thanks to the amazing flexibility of stem cells, dead cells of almost any kind, no matter the type of injury or disease, can be replaced with new healthy cells. As a result, billions of dollars are being poured into this new field. There are three main sources for obtaining stem cells - adult cells, cord cells, and embryonic cells. Adult stem cells can be extracted either from bone marrow or from the peripheral system.

Are you looking for a health care provider? To schedule a consultation, please call Southlake Clinic at (253) 3951972. We are a multi-specialty medical group with a clinic at 27005 168th Place SE in Covington. We are open on Saturdays.

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... back to school

Itâ&#x20AC;&#x2122;s Back To School: Get These Necessities First SAM ERICKSON AdBuilder.com

E

very year, schools publish lists of materials that kids will need as they get back to school. These include pens, pencils and notebooks, but these arenâ&#x20AC;&#x2122;t the most important tools that kids will need going back to school. In addition to these material items, students need to be prepared to handle the kinds of emotional challenges that they will face. Particularly for those in middle school and later grades, issues like bullying, moving to a new school and handling new responsibilities, and dealing with peer pressure can be more important in forming their education than what happens in the classroom.

For reasons no one can understand, bullying seems to be on the rise in schools.

Children need to know how to be prepared to handle bullying, even if it is happening to a classmate.

Itâ&#x20AC;&#x2122;s important that kids are able to recognize bullying and know how to handle it. Encourage kids to speak to a trusted adult if they are bullied or see it happening to others.You can also prepare them to stand up to bullies by using humor or saying â&#x20AC;&#x153;noâ&#x20AC;? loudly and forcefully. Kids can also learn to walk away from conflict and seek help. If they do see bullying, they can show kindness to the victims or go get help from adults.

Moving to a new school and handling new responsibilities, like lockers or moving between classes, is something that kids need explicit help with. Talk with a child about they plan to handle the new responsibilities.You can role play to see how they might handle problems that arise.

If possible, head to school and role play an entire day, finding out where classes are and setting a routine for the upcoming year. If you can let the student make the decisions and then correct them, they will learn better than if they are being told what to do.

This models the essential decision-making processes that they will need to employ to handle these new responsibilities.

Peer pressure is something that will develop as students get older, and

learning from you how to handle that pressure is much better than allowing them to figure it out on their own. Similar to handling a bullying and handling new responsibilities, kids can benefit from learning a few simple techniques, like walking away or speaking authoritatively, to resist the temptations of peer pressure. Peers are often the most important group to kids, and itâ&#x20AC;&#x2122;s important that they be given license and an understanding about what real friendship is. Real friends would never attempt to lure someone into something they deemed harmful, and itâ&#x20AC;&#x2122;s important for kids to know that, unfortunately, friendships can come and go.

These are just a few of the social and moral responsibilities kids will be dealing with as they return to school. Preparing them beforehand with frank, even occasionally uncomfortable, conversations will better prepare them for when these eventualities do arise. Keep the lines of communication open with your student. This will help ensure that, should these issues arise, they will feel comfortable coming to you for another open discussion.

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... back to school Kids Perform Better In School When Parents Get Involved (StatePoint) Children spend five times as much time outside the classroom as they do in school. With all this time away from teachers, itâ&#x20AC;&#x2122;s important for parents to support their childrenâ&#x20AC;&#x2122;s learning.

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SPORTS BULLDOGS BLUE WIN USSSA WORLD SERIES The Sumner-based Bulldogs Blue baseball team, with players from Black Diamond and Maple Valley, went 64-16 this year, winning the 13U USSSA World Series in Southern California.

Teams from Washington, California, New Mexico, Nevada and Hawaii also played in the tournament.

The team also won three other tournaments this year.

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Blast from the past

BY MARK KLAAS mklaas@kentreporter.com

A

s photos and videos of his thunderous, smoke-spewing dragster flashed across a screen in a darkened room, Jerry Ruth picked up the mic and tried to put his past into perspective.

As if he were staged in

the right lane anticipating the amber-to-green light, â&#x20AC;&#x153;The Kingâ&#x20AC;? quickly responded in rapid-fire passion.

He captured the audience. Blew them away. â&#x20AC;&#x153;It was an eventful, interesting ride,â&#x20AC;? said the drag racing legend, still sharp, witty and engaging at 74. â&#x20AC;&#x153;I wouldnâ&#x20AC;&#x2122;t trade my career

â&#x20AC;&#x2DC;The Kingâ&#x20AC;&#x2122; left his mark in drag racing at Pacific Raceways and beyond

for anything. â&#x20AC;Ś I lived it.â&#x20AC;?

It was a swift ride, a straight and blistering fast lap for one of the sportâ&#x20AC;&#x2122;s more colorful personalities.

It was a decorated career that brought fame and fortune, disappointment and injury.

Friends and family gathered at Kent Commons last week to hear Ruthâ&#x20AC;&#x2122;s story,

Jerry Rugth, known as â&#x20AC;&#x2DC;The King,â&#x20AC;&#x2122; was a drag racing legend in the 1960s and 1970s, locally and beyond. MARK KLAAS, Kent Reporter BECU MEMBERS from top to bottom: Reese M., Seattle; Lance & Jocelyn R., Poulsbo; Minh Chau N., Seattle; Kindle S., Seattle

a program presented by the Greater Kent Historical Society.

Ruth, who grew up Kent, dominated Northwest drag strips and ultimately tamed national ones to become a world champion. He beat the best to become one of the best in his day â&#x20AC;&#x201C; a time when Top Fuel dragsters and Funny Cars were just beginning to evolve and accelerate down the quarter-mile track at topend speeds of 220 mph or better. â&#x20AC;&#x153;I was a great part of it,â&#x20AC;?

Ruth said of his contributions as a fabricator and pilot during the hot rod golden age of the 1960s and â&#x20AC;&#x2DC;70s. â&#x20AC;&#x153;I was only a part of it.â&#x20AC;?

WEâ&#x20AC;&#x2122;RE HERE

Ruth gained fame before the sport turned the corporate corner.

A fierce competitor and meticulous mechanic who designed, built and tuned his own racecars, Ruth was a brash challenger. Seldom boring, he was a swaggering showman, a promoterâ&#x20AC;&#x2122;s dream, a driver who hated to lose.

Either you accepted him for what he was â&#x20AC;&#x201C; an intense, gifted and smart driver, adaptable to any track â&#x20AC;&#x201C; or you didnâ&#x20AC;&#x2122;t. He wasnâ&#x20AC;&#x2122;t afraid to speak his mind, back up his boast and beat all challengers.

These days Ruth has mellowed, his life drawn to introspection. He willingly [ more BLAST page 11 ]

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August 31 , 2012 [11]

Next up: a look at how youth sports deals with concussions

426 hemi, rear-engine dragster.

Ruth gained prominence when he defeated two-time U.S. Nationals champion Gary Beck in the 1973 NHRA World Finals at Amarillo (Texas) Dragway.

Ruth and his Top Fuel dragster burned up the strip with a 6.11-second run at 232.55 mph in high altitude for his first-ever national event win.

One of his Ruthâ&#x20AC;&#x2122;s finest races came in 1977, when he took down â&#x20AC;&#x153;Big Daddyâ&#x20AC;?

rods, even mentor racers.

He owns 18 cars, often tinkering with them in his spacious SeaTac garage.

Ruth stays close to the

Kris Hill Assistant editor

Don Garlits in the Winternationals Top Fuel final at storied Pomona (Calif.)

Raceway on ABC-TV. Ruth survived his share of violent accidents. He broke an arm. He severed a fingertip.

By the time Ruth retired in the mid-â&#x20AC;&#x2DC;80s, his had reached speeds of 260 mph.

Having accomplished what he had set out to do as a driver, Ruth turned his attention to helping others from afar. He continues to restore and build street

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sport, appearing at reunions and nostalgic drag events. â&#x20AC;&#x153;Seattle put out a lot of good racers out there,â&#x20AC;? he said. â&#x20AC;&#x153;I was just one of them.â&#x20AC;?

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had to sell it,â&#x20AC;? he said.

In 1971, Ruth doubled up. He made room for a state-of-the-art Don Long Mustang Funny Car in his garage. It recorded a best lap of 6.43, equaling the quickest TF run in history at that time.

Ruth also became the first driver to win TF and FC finals at the same pro event, a feat he would turn three more times.

By 1972, Ruth had sold the car and made the switch to a Keith Black aluminum

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shares the many memories and joys of a sport he lived to the fullest. He is a walking racing museum. â&#x20AC;&#x153;He was fearless,â&#x20AC;? said Mike Barnett, who grew up with Ruth and joined his buddy when they enlisted in the Marines. â&#x20AC;&#x153;We used to race each up the (East) Hill, see who would get to the (high school) parking lot first.â&#x20AC;?

Ruth has never forgotten his roots. â&#x20AC;&#x153;I have friends all over the country but my dearest friends are here,â&#x20AC;? he told the audience last week.

The Ruth family became well known as they successfully campaigned their cars wherever they went â&#x20AC;&#x201C; Kentâ&#x20AC;&#x2122;s Pacific Raceways, Puyallup and Arlington, even the tracks sprinkled throughout the western provinces of Canada.

Ruth began his racing career at a young age, racing various gas coupes and sedans along with his late brother, John, in the late 1950s and early â&#x20AC;&#x2DC;60s.

Ruth built a number of cars, amassing wins and track records while capturing the NHRA Division 6 title in five of the six years from 1964-69. â&#x20AC;&#x153;The Kingâ&#x20AC;? went on to win eight divisional Top Fuel titles, including seven straight from 1968-74, and two divisional Funny Car titles.

As wins and track records mounted, Ruth looked to market his efforts. Needing sponsors, he needed a name. â&#x20AC;&#x153;The Kingâ&#x20AC;? naturally came to him. â&#x20AC;&#x153;I had a name â&#x20AC;Ś and I

in my mind: what if I used the story about Zack as a starting point for something bigger?

Thereâ&#x20AC;&#x2122;s a larger picture, thereâ&#x20AC;&#x2122;s his mission in life, to raise awareness about concussion prevention particularly in youth sports so no one has to go what Lystedt went through.

I havenâ&#x20AC;&#x2122;t done a series for our sports pages yet. And it seemed to me like using Lystedtâ&#x20AC;&#x2122;s experiences as a jumping off point to talk about concussions in youth sports, particularly high school athletics, was a good idea.

So, the plan is to run the first part next week. I plan to talk to athletes, coaches, a neurologist, and someone who works with high school students who are interested in athletic training to find out how he teaches them to recognize a concussion.

I want to know how things have changed in the past three years. I want to know what else doctors, coaches and trainers would like to see improve. I want to talk to student-athletes who have suffered concussions and find out what their experience was like, how they handled sitting on the sidelines with a seemingly invisible injury, and what theyâ&#x20AC;&#x2122;ve done differently since they returned to sport.

This seems like a good time of year to do it, too, as fall sports practices will soon lead into competition for high school students while college football and the NFL are days away from starting.

So, thatâ&#x20AC;&#x2122;s the plan. Look for the first part Sept. 7.

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[ BLAST from page 1]

Lystedt played football once upon a time until he went back into a junior high football game in 2006 that not only ended his athletic career but changed his life. I would say dramatically, but that would be a gross understatement.

So, when those fines were handed down, I was certain that was a result of Lystedtâ&#x20AC;&#x2122;s meeting with Goodell.

Though at that point I hadnâ&#x20AC;&#x2122;t met Lystedt, I had followed his story, I had a superficial understanding of what he had been through and I also knew the impact he already had on youth sports as well as on the community.

A law named for Lystedt was passed by the Washington state legislature in 2009 that outlined clear and stringent rules for dealing with youth players suspected to have suffered a concussion. Since then nearly 40 states have passed similar laws.

Little more than a year ago I watched Lystedt walk a handful of steps on the stage of White River Amphitheater to collect his Tahoma High diploma. It was a moment that brought the whole place to a hush before his entire class rose as one in a thunder of applause for their classmate.

As graduation approached earlier this year, I decided I wanted to see how Lystedt was doing since I had last seen him, so I visited him and his parents at their Maple Valley home.

Before I went there, the seed of an idea had been planted

COMMENTARY

Itâ&#x20AC;&#x2122;s tough watching a kid who just got his bell rung stand on the sidelines because you know he wishes he could get back out there.

But, the possibility of a concussion is keeping him there, whether heâ&#x20AC;&#x2122;s a football player or a center back for the soccer team or the star point guard for the basketball team.

He may look fine. Itâ&#x20AC;&#x2122;s not like he just twisted his ankle when his cleat got stuck in the turf or hyperextended his knee, the kind of injury which has some visible evidence when you see it happen as well as afterward when the athlete limps to the sideline.

In fact, some symptoms of a concussion may not even present themselves immediately.

Safety, however, is paramount whether itâ&#x20AC;&#x2122;s a sprained ankle, torn meniscus and especially a concussion.

During the past two years â&#x20AC;&#x201D; and the past few months in particular â&#x20AC;&#x201D; Iâ&#x20AC;&#x2122;ve thought a lot about the repercussions of playing with an undiagnosed concussion.

In October 2010 NFL Commissioner Roger Goodell assessed some of the biggest fines ever on players for overlyaggressive hits in an effort to promote a level of safety, particularly to prevent concussions, much to the chagrin of football purists and defensive players.

At the time, I knew Goodell had just met Maple Valley resident Zack Lystedt, who was a senior at Tahoma High at that time.

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PUBLIC NOTICES 2. Prior to issuance of certificates of occupancy for the 726 ERU (equivalent residential unit), the proponent shall construct a single-lane roundabout at the realigned intersection of Lake Sawyer Rd. SE and SE AuburnBlack Diamond Rd. 3. Prior to issuance of certificates of occupancy for the 327 ERU (equivalent residential unit), the proponent shall install a traffic signal at the intersection of SE Auburn-Black Diamond Rd. and Village PI. SE (aka Main St.).

4. Prior to the issuance of certificates of occupancy for the 1,128 ERU (equivalent residential unit), the proponent shall construct a single-lane roundabout at the intersection of SE AuburnBlack Diamond Rd. and Villages Parkway SE (aka Community Connector â&#x20AC;&#x153;Aâ&#x20AC;?).

5. The proponent shall model and monitor traffic at the midpoint of occupancy of Phase 1A (59 equivalent residential units) and determine what additional requirements may be necessary to comply with the transportation concurrency requirements of the Comprehensive Plan.

Name of Agency Adopting Document: City of Black Diamond Responsible official: Steve Pilcher, AICP Position/title: Community Development Director Address: P.O. Box 599, Black Diamond, WA 98010 Phone: 360-886-5700 Date: August 31,2012 Signature: /s/Steve Pilcher This MONS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date above. Comments must be submitted by September 14, 2012.

You may appeal this determination at the Community Development Department, 24301 Roberts Drive, Black Diamond, no later than 5:00 p.m., September 14, 2012 by completing the proper appeal form and paying an appeal fee of $25000 You should be prepared to make specific factual objections. Contact the Community Development Department at 360-886-5700 to read or ask about the procedures for SEPA appeals.

Published in the Covington/Maple Valley/Black Diamond Reporter on August 31, 2012. #669379

Ian Beckstrom, center, skates from defenders in his last game with the Seattle Junior Totems earlier this year. Photo courtesy of Jessica Rezanow

WHERE

Sports Note

Beckstrom commits to play hockey at Utah State

ARE THEY NOW?

Tahoma High graduate Ian Beckstrom will take the ice to play hockey with Utah State Universityâ&#x20AC;&#x2122;s club team this year after playing the past two season with the Seattle Totems Junior A Hockey club.

Beckstrom, who is listed at 6-foot-1 and 200 pounds, committed during the summer to play for the Aggies of Utah State.

After taking two years off from hockey, Becstrom realized he missed the sport, and returned to the ice to play for the Totems in 2011 with the goal to make the most of his last year of eligibility and play college hockey. â&#x20AC;&#x153;I really appreciate the loyalty showed by both the owner and the Totems coaching staff,â&#x20AC;? Beckstrom said in a release. â&#x20AC;&#x153;They gave me the opportunity to come back and play after time away from the game and without that chance I would not be where I am today.â&#x20AC;?

During the 2011-2012 season with the Totems, Beckstrom played in 40 games, had 14 goals, 19 assists totaling 33 points for the team.

Utah State, which is located in Logan, Utah, competes in the ACHA Division II West Division and the Aggies have made several trips to the regionals and nationals in the past decade, according to information provided by the school.

Follow the USU Aggies online at http://usu.edu/camprec/htm/ clubsports/hockey/

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Agreement approved in Ordinance No. 11-970, and as imposed by this MONS. Mitigation measures required

by Black Diamond Municipal Code (Exhibit â&#x20AC;&#x153;En of The Villages MPD Development Agreement): 1.

Pursuant to BDMC 19.10.220.0, wetland buffer boundaries adjacent to land within this plat shall be permanently delineated by split-rail fencing and identification signs, as approved by the City.

2. The proponent shall submit a wetland buffer vegetation management plan prepared in accordance with BDMC 19.1 0.230.F for review and approval prior to the issuance of any site development permits for lands adjacent to welland buffers.

Mitigation measures required

by Ordinance 10¡946 (The Villages MPD approval): 1. Prior to final plat approval of any division within the Phase 1A Preliminary Plat, the proponent shall re-channelize the south leg of the intersection of SE 288th St. and 2161h Ave. SE to provide a refuge/merge area for westbound left-turning vehicles.

2. Stationary construction equipment shall be located distant from sensitive receiving properties wherever possible. Where this is infeasible, or where noise impacts would still be likely to occur, portable noise barriers shall be placed around the equipment (pumps, compressors, welding machines, etc.), with the opening directed away from sensitive receiving properties.

3. All equipment required to use backup alarms shall utilize ambient-sensing alarms that broadcast a warning sound loud enough to be heard over background noise, but without having to use a preset, maximum volume. Alternatively, use broadband backup alarms instead of typical pure tone alarms.

4. Operators shall be required to lift, rather than drag materials wherever feasible.

5. Electric pumps shall be used whenever pumps are required.

6. The proponent shall establish a noise control â&#x20AC;&#x153;hotlineâ&#x20AC;? to allow neighbors affected by noise to contact both the City and the construction contractor to ask questions or to complain about violations of the noise reduction program per Condition of Approval No. 41 of The Villages MPD permit.

7. The proponent shall provide construction noise attenuation for existing residents adjoining development parcels Villages V10, V13 and V15 as set forth in Condition of Approval No. 440I The Villages MPD permit.

Mitigation measures required

by Ordinance 11-970 (The Villages MPD Development Agreement): 1. Work hours of operation shall be limited to 7:00 a.m. and 7:00 p.m. on weekdays, 9:00 a.m. and 5:00 p.m. on Saturday, and shall be prohibited on Sundays and City holidays, subject to emergency construction and repair needs as set forth in BDMC 8.12.040C. Other mitigation measures: 1. Wetlands and all required wetland buffers shall be defined as separate tracts in the final plat (BDMC 19.1 0.150.B). These tracts shall be as shown on the proposed preliminary plat drawings, except as may be modified pursuant to BDMC 19.10.230 prior to final plat approval.

AMOND DI

Preliminary Plat, a subdivision of 127.3 acres into 413 lots, consistent with the approved Villages Master Planned Development and the Villages MPD Development Agreement. The project will feature 393 residential lots, a 12.5 acre elementary school site (two lots) and 18 lots totaling 14.28 acres for commercial/mixed use. Approx. 22.48 acres of open space will be set aside in parks, trails and landscape tracts.

Proponent: BD Village Partners, LP Location of current proposal: The site is located on the south side of SE Auburn-Black Diamond Road, extending west of its intersection with Lake Sawyer Road SE to the western city limits and generally 1/2, mile to the south.

Lead agency: City of Black Diamond Adoption of Existing Environmental Document: Title of document being adopted: The Villages Master Planned Development Final Environmental Impact Statement (FEIS) Agency that prepared document being adopted: City of Black Diamond Date adopted document was prepared: December 11, 2009 Description of document being adopted: FEIS for a 1,196 acre mixed use development including 4800 dwelling units; 775,000 sq. ft. of retail, office and light industrial uses; and educational, recreational, and open space uses.

If the document being adopted has been challenged (WAC 197-11-630), please describe: The FEIS is the subject of a pending appeal: Toward Responsible Development, et aI., v. City of Black Diamond, King County Superior Court Cause No.1 0-2-35957-5 KNT. The document is available to be read at (place/time): City of Black Diamond Community Development Department, 24301 Roberts Drive, Black Diamond, M-F, 8:30 AM - 5:00 PM. We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decision-maker.

Mitigated Determination of Nonsignificance: After review of the FEIS adopted above, the completed environmental checklist, The Villages MPD Phase 1A Preliminary Plat application and related materials, the lead agency has determined the proposal will not have a probable significant adverse impact on the environment if the mitigation measures set forth below are implemented. Therefore, neither a new environmental impact statement (EIS) or a supplemental environmental impact statement (SEIS) is required under RCW 43.21 C.030(2)(c) or WAC 197-11-600. This MONS is issued under WAC 197-11-350; the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by September XX, 2012. Mitigation measures include those required by applicable provisions of the Black Diamond Municipal Code, conditions of the MPD permit approval in Ordinance No. 10-946, The Villages MPD Development

CK

COVINGTON WATER DISTRICT (CWD) NOTICE OF HEARING SURPLUS OF DISTRICT OWNED REAL PROPERTIES NOTICE IS HEREBY GIVEN that the Board of Water Commissioners of CWD will conduct a public hearing at the District office, 18631 SE 300th Pl, Covington, WA, on the 19th day of September, 2012, beginning at 6:30 PM. THE PURPOSE of the hearing is to declare the following described real properties as surplus & pursue the sale of such properties per District policy & RCWs 57.08.015 & 57.08.016: (1) Riddellâ&#x20AC;&#x2122;s Lake Lucerne Tracts, Lot 1â&#x20AC;&#x201C;Parcel No. 7296600005-00 which is an undeveloped lakefront parcel subject to an access easement for beach access (with an appraised value of $49,0000); and (2) Lot 36â&#x20AC;&#x201C;Parcel No. 729660-0178-01 which is a small parcel not developable under current zoning regulations (with an appraised value of $9,000).

Published in Covington/Maple Valley/Black Diamond Reporter on August 31, 2012, September 7, 2012. #666146.

CITY OF BLACK DIAMOND NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Black Diamond City Council will be conducting a public hearing on the proposed Fire Impact Fee Ordinance. The hearing will take place on Thursday, September 6, 2012 at 7:00 p.m. at the Black Diamond City Council Chambers, 25510 Lawson Street, Black Diamond, WA. The purpose of the hearing is to hear public testimony on the above listed subject.

Written comments may be submitted to the Clerkâ&#x20AC;&#x2122;s office at 24301 Roberts Drive, PO Box 599, Black Diamond, WA, 98010 no later than 5:00 p.m. on September 6, 2012, otherwise they must be submitted at the hearing.

All documents related to the hearing are available for inspection or purchase at City Hall, 24301 Roberts Drive, or on the Cityâ&#x20AC;&#x2122;s website at http://www.ci. blackdiamond.wa.us under â&#x20AC;&#x153;In the Spotlightâ&#x20AC;?.

Dated this 23rd day of August, 2012 Brenda L. Martinez, CMC City Clerk Published in Covington/Maple Valley/Black Diamond Reporter on August 24, 2012 and August 31, 2012. #666358.

VALLEY MEDICAL CENTER District Healthcare System NOTICE OF BOARD COMMITTEE SCHEDULE Notice is hereby given that the Valley Medical Center Board of Trustees Ad Hoc Community Outreach Committee will meet on the second Wednesday of every month from 2:00-3:00 p.m. in the Board Room of Valley Medical Center.

BOARD OF TRUSTEES (District Healthcare System) By: Sandra Sward Executive Assistant to the Board Published in the Kent, Renton, Covington/Maple Valley/Black Diamond Reporters on August 31, 2012 and September 7, 2012. #667940.

Mitigated Determination of Non-significance (MONS) and Adoption of Existing Environmental Document File No. PLN11-0002 Description of current proposal: The Villages MPD Phase 1A

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A number of students from Covington and Maple Valley graduated from Seattle Pacific University earlier this year.

Maple Valley Kimberly Marie Adam graduated Cum Laude with a Bachelor of Arts in Psychology.

Kelly Marie Cox graduated with a Master of Education in Curriculum & Instruction.

Daniel William Hrehov graduated with a Master of Arts in Teaching in Master of Arts in Teaching.

Emily Anne Lubenow graduated Cum Laude with a Bachelor of Arts in Communication.

Todd Tristan Schultz graduated with a Master of Business Administration in Management.

Samoil Florin Susan graduated with a Master of Education in Curriculum & Instruction.

Covington

GET A GRANT TO MAKE A DIFFERENCE IN OCTOBER Financial assistance for Maple Valleyâ&#x20AC;&#x2122;s 12th annual â&#x20AC;&#x153;Make a Difference Dayâ&#x20AC;? community service projects and acts of service is currently available.

Applications from local area residents, non-profits and service organizations will be accepted until noon on Friday, Sept. 28.

Dream big, finish the following statements and email your response to: ankie2@comcast.net

Seize this amazing opportunity, get involved and participate as everyone is welcome to volunteer, from toddlers to seniors and everyone in between.

Everyone interested in learning more about the local â&#x20AC;&#x153;Make a Difference Day 2012â&#x20AC;? event is encouraged to like the event on Facebook.

Additional information about Make a Difference Day may be obtained by visiting the national web site at: www. makeadifferenceday.com

BAND BOOSTERS SEEK VENDORS FOR BAZAAR

vendors and crafters for its second annual Holiday Bazaar, which will be from 9 a.m. to 3 p.m. Nov. 3 at Tahoma Senior High School.

The event will support band programs in the Tahoma School District.

Last yearâ&#x20AC;&#x2122;s bazaar had 70 vendors and 800 buyers.

There will be live entertainment throughout the day.

Admission is free. For information, visit www.tahomabandboosters.org or contact David Fitter at davidfitter@ msn.com

The Tahoma Band Boosters needs

Grace Christian Fellowship

$4,000 12 months of

Free Groceries To Enter Just Complete the Local Shopping Survey at:

www.pulsepoll.com

Service Times â&#x20AC;&#x201C; Sunday Bible Study 10am Worship Service 11am Wed. â&#x20AC;&#x201C; Bible Study 7pm All Are Welcome!

19030 SE 168th St., Renton, 98058 Phone 425-226-0498 Maple Valley Heights Area

www.gracechristianfellowship.org

PLEASE JOIN US FOR OUR SUNDAY AM SERVICE 8am Contemplative Service 9:30am Traditional with Choir 11am Godly Play Sunday School 11:15am Contemporary Family 625687

COVINGTON, MAPLE VALLEY STUDENTS GRADUATE

1. On Make a Difference Day Oct. 27, this is what we would like to doâ&#x20AC;Ś 2. We want to do this becauseâ&#x20AC;Ś 3. What we want to do will have a long-term community impact becauseâ&#x20AC;Ś.

4. Please provide a breakdown of any supplies, manpower and financial needs for your project.

5. NOTE: The projects approved for grant funding must be located within the boundaries of the City of Maple Valley.

Over the past 12 years, the Rotary Club of Maple Valley and the city of Maple Valley have collectively partnered to bring volunteers and projects together.

625681

Community Notes

Shauna Patricia Jacobs of Covington graduated with a Master of Education in School Counseling.

August 31 , 2012 [15]

24219 Witte Rd SE

425-432-5481

www.saintgeorgemv.org Vicar Bonnie Malone

To advertise call Brenda

425 432-1209 ext. 1550

...obituaries Lucille M. McConnell

Lucille M. McConnell, 90, passed away in Fairhope, Alabama, on Monday morning, 26 March 2012, after a brief illness.

Lucille was born 10 May 1921 to Lewis W. andTecla M. Smith in Enumclaw,Washington.

She attended school in Enumclaw, and was a member of the class of 1939. After her marriage she lived in Enumclaw, Montesano, and for the past 55 years in Kent. She recently moved to Fairhope, Alabama to live with her daughters.

In 1939, she married John R. McConnell.They had two daughters and two sons, Patricia, Judy, John and Bob. Lucille worked for the Washington State Liquor Control Board until retirement. She had many interest. She enjoyed traveling, dancing, needlework, sewing, reading, but most of all spending time with family and friends.

Lucille adored and loved her family and friends. She always reached out to people, and made friends for life.

She was preceded in death by her parents, husband John, son Robert, two grandsons Mark L. Evans and Todd R. McConnell, daughter-in-law Darlene McConnell, sister Jean Kangas and two brothers Vernon and Lester Smith.

Lucilleâ&#x20AC;&#x2122;s survivors include daughters, Patricia McConnell of Mobile, AL. Judy Walton (Steven) of Fairhope, AL, son John McConnell of Kent, five grandchildren, Jamie Kelly (Kevin) of Panama City Beach, FL, Jennifer Cox (Rick) of Ravensdale,WA, Scott McConnell (Michelle) of Auburn, WA, Jona Kirsch (Bill) of Bonney Lake, WA, Gaynor Hartley (Jon) of Mobile, AL, sister Dorie Jennings of Seattle, WA and 13 great grandchildren. Lucille had numerous nieces and nephews. She also leaves behind many beloved friends.

Lucille was a wonderful Mother, grandmother, sister, auntie and friend. We loved her dearly and will miss her.

A late summer â&#x20AC;&#x153;Celebration of Lifeâ&#x20AC;? is planned.

668380

A not-for-profit community organization

Place a paid obituary to honor those who have passed away, call Linda at 253.234.3506 paidobits@reporternewspapers.com All notices are subject to verification.

[16] August 31, 2012

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