Bulletin Daily Paper 05/08/12

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THE BULLETIN • TUESDAY, MAY 8, 2012

P O

Well shot! READER PHOTOS

For The Bulletin’s full list, including federal, state, county and city levels, visit www.bendbulletin. com/officials.

Can you work a camera, and capture a great picture? And can you tell us a bit about it? Email your color or black and white photos to readerphotos@bendbulletin.com and we’ll pick the best for publication. Submission requirements: Include as much detail as possible — when and where you took it, and any special technique used — as well as your name, hometown and phone number. Photos must be high resolution (at least 6 inches wide and 300 dpi) and cannot be altered.

CONGRESS U.S. Senate

Sen. Jeff Merkley, D-Ore.: 107 Russell Senate Office Building Washington, D.C. 20510 Phone: 202-224-3753 Web: http://merkley.senate.gov Bend office: 131 N.W. Hawthorne Ave., Suite 208 Bend, OR 97701 Phone: 541-318-1298 Sen. Ron Wyden, D-Ore. 223 Dirksen Senate Office Building Washington, D.C. 20510 Phone: 202-224-5244 Web: http://wyden.senate.gov Bend office: 131 N.W. Hawthorne Ave., Suite 107 Bend, OR 97701 Phone: 541-330-9142

BANK TO BANK Jeff Lucas snapped this photo of the Deschutes River in Bend using a DroidX set to panorama mode.

U.S. House of Representatives

Rep. Greg Walden, R-Hood River 2182 Rayburn House Office Building Washington, D.C. 20515 Phone: 202-225-6730 Web: http://walden.house.gov/ Bend office: 1051 N.W. Bond St., Suite 400 Bend, OR 97701 Phone: 541-389-4408 Fax: 541-389-4452

STATE OF OREGON Gov. John Kitzhaber, Democrat 160 State Capitol, 900 Court St. Salem, OR 97301 Phone: 503-378-4582 Fax: 503-378-6872 Web: http://governor.oregon.gov Secretary of State Kate Brown, Democrat 136 State Capitol Salem, OR 97301 Phone: 503-986-1616 Fax: 503-986-1616 Superintendent of Public Instruction Susan Castillo 255 Capitol Street N.E. Salem, Oregon 97310 Phone: 503-947-5600 Fax: 503-378-5156 Email: superintendent.castillo @state.or.us Web: www.ode.state.or.us

Herbicide Continued from C1 Dale Mitchell, compliance monitoring and enforcement program manager for the Oregon Department of Agriculture’s Pesticide Division, said the tests suggest the water is OK to drink and use around the house. The state’s standard for the maximum allowable concentration of picloram is 500 parts per billion. None of tests of the wells where the chemical was detected indicated picloram was present at more than 1/100th that level. The state is continuing to investigate what killed the trees last year and how picloram made its way into the water supply.

Soil samples As part of the investigation, the Oregon Department of Agriculture collected 30 dirt and vegetation samples from around the subdivisions late last year. Mitchell said the fieldwork has been completed, and the evidence is currently under review, with a final determination on whether Klamath County acted negligently expected by early June. Mitchell said the state’s pesticide control law, which also covers herbicides, is largely based on the manufacturers’ instructions for particular products. “The label actually dictates how an individual

Treasurer Ted Wheeler, Democrat 159 Oregon State Capitol 900 Court St. N.E. Salem, OR 97301 Phone: 503-378-4329 Email: oregon.treasurer @state.or.us Web: www.ost.state.or.us Attorney General John Kroger, Democrat 1162 Court St. N.E. Salem, OR 97301 Phone: 503-378-4400 Fax: 503-378-4017 Web: www.doj.state.or.us Labor Commissioner Brad Avakian 800 N.E. Oregon St., Suite 1045 Portland, OR 97232 Phone: 971-673-0761 Fax: 971-673-0762 Web: www.oregon.gov/boli

“We’d like to see Mitchell said, a category of more highly toxic products another round of that includes picloram. tests in six months. If the state determines the That would absolutely 2010 spraying is the source of the picloram in residents’ make us feel great. wells, it’s likely the greatest Plus, we’d have damage has already been something on paper done. Picloram biodegrades — because no homes somewhat, Mitchell said, and two years should be long around here are enough for any picloram apbeing sold or being plied on the surface to work its refinanced because of way down to the water table. the stigma, ‘These are Residents still cautious the homes with the Dan Harshbarger, a resident of Riverpine Estates, said poison.’� — Dan Harshbarger, resident, Riverpine Estates

is required to be using the product,� he said. “If they use it contrary to the label, it can be viewed as a violation of the pesticide control law.� In the Klamath County case, the quality of the soil where the picloram was applied is among the issues under consideration. Picloram is not recommended for use in areas with porous soil.

Fines for misconduct Mitchell said the state can levy a fine of $1,000 against an individual, agency or company found to have misused a pesticide or herbicide, and $10,000 if it’s determined the product was used “in a faulty, careless or negligent manner.� Repeat offenders are subject to the suspension or revocation of their license to use “restricted use materials,�

he’s reassured by the results of the recent tests, but still not completely convinced his water is safe. Harshbarger has been drinking bottled water for months and expects to submit his receipts for the water to Klamath County once — he expects — they are found responsible for improperly applying picloram. Harshbarger said he’s wondered if frozen soil could have changed the amount of picloram detected in his well and others when the samples were taken in February. He is waiting on a summer or fall test before he goes back to drinking tap water. “We’d like to see another round of tests in six months. That would absolutely make us feel great,� Harshbarger said. “Plus, we’d have something on paper — because no homes around here are being sold or being refinanced because of the stigma, ‘These are the homes with the poison.’� — Reporter: 541-383-0387, shammers@bendbulletin.com

N R POLICE LOG The Bulletin will update items in the Police Log when such a request is received. Any new information, such as the dismissal of charges or acquittal, must be verifiable. For more information, call 541-383-0358. Prineville Police Department

DUII — Kevin Hayes, 41, was arrested on suspicion of driving under the influence of intoxicants at 12:23 a.m. May 1, in the area of Northeast Third Street. Criminal mischief — An act of criminal mischief was reported at 2:12 p.m. May 1, in the area of Northwest Fairmont Street. Criminal mischief — An act of criminal mischief was reported and an arrest made at 8:08 p.m. May 1, in the area of Southeast Eighth Street. Theft — A theft was reported at 1:39 p.m. May 2, in the area of Northwest Locust Street. Criminal mischief — An act of criminal mischief was reported at 7:13 p.m. May 2, in the area of Northwest Madras Highway. Theft — A theft was reported at 8:29 p.m. May 2, in the area of

Northeast Third Street. Burglary — A burglary, theft and an act of criminal mischief were reported at 8:42 a.m. May 4, in the area of Northwest Third Street. Vehicle crash — An accident was reported at 11:41 a.m. May 4, in the area of North Main Street. Vehicle crash — An accident was reported at 12:32 p.m. May 6, in the area of Northwest Studebaker Drive. Jefferson County Sheriff’s Office

Theft — Scrap metal was reported stolen May 1, in the 12800 block of Southwest Cinder Drive in Terrebonne. Burglary — A burglary and theft were reported at 9:16 a.m. May 2, in the 6200 block of Northwest Danube Drive in Madras. Vehicle crash — An accident was reported at 11:34 p.m. May 2, in the area of Northeast Henderson Drive and Northeast Cherry Lane in Madras. Burglary — A burglary and theft were reported May 4, in the 400 block of Center Ridge Drive in Culver. Theft — A theft was reported at 9:39 a.m. May 5, in the 400 block of Southwest Deschutes Drive in Madras.

Don’t Replace ... Reface

Oregon State Police

Vehicle crash — An accident was reported at 6:45 p.m. May 4, in the area of Huntington Road and Prairie Drive in La Pine. DUII — Thomas Woodrow Fugate, 43, was arrested on suspicion of driving under the influence of intoxicants 12:20 a.m. May 5, in the area of Huntington Road and Prairie Court in La Pine. Vehicle crash — An accident was reported at 7:35 a.m. May 5, in the area of West U.S. Highway 20 near milepost 84. Vehicle crash — Several accidents were reported from 6:30 a.m.-noon May 5, in the area of West U.S. Highway 20 near mileposts 78-84. Vehicle crash — An accident was reported at 8:02 a.m. May 5, in the area of West U.S. Highway 20 near milepost 82. DUII — Todd Boyd Redding, 31, was arrested on suspicion of driving under the influence of intoxicants at 6:02 p.m. May 5, in the area of South Elm Street and East Washington Avenue in Sisters. DUII — Nicholas Allan Miller, 18, was arrested on suspicion of driving under the influence of intoxicants at 1:41 a.m. May 6, in the area of Northeast Kearny Avenue and Northeast

Fox arrest Continued from C1 “He is returning to take the photo, unfortunately, we do not have an exact date as to when that will occur,� wrote Rosales. Jennifer Lawrence, the administrative supervisor at the jail, said no other people were booked and released during the time period that the photo machine was broken. “We did not book and release any individuals during that time period other than Mr. Fox,� she wrote in an email. “Our practice is when our mugshot machine is down and someone meets release criteria, we do not hold them until the machine is up and working, we release them with a notation on the release agreement to report back for photo on the next court date.� Usually, the Bend Police Department has a police log that it updates daily with information on crimes, including the date, time and location of arrests. The Bend police log hasn’t been updated since April 17. According to Justin Finestone, the communications director for the city of Bend, that lack of information is due to a recent switch to a new electronic records management system. “They are currently working on integrating the system with the website to provide press logs,� Finestone wrote. “They told me they hope to have that done within the next

Seventh Street in Bend. DUII — Jason Robert Melcado, 39, was arrested on suspicion of driving under the influence of intoxicants at 4 p.m. May 6, in the area of South Century Drive and Vandervert Road in Bend. Vehicle crash — An accident was reported at 8 p.m. May 6, in the area of Ward Road near milepost 6 in Bend. Vehicle crash — An accident was reported at 10:02 a.m. May 6, in the area of Cloverdale Road and West U.S. Highway 20 near Sisters. DUII — Mary Luanne Maiden, 39, was arrested on suspicion of driving under the influence of intoxicants at 10:02 a.m. May 6, in the area of Cloverdale Road and West U.S. Highway 20 near Sisters.

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few weeks.� As a result, police on Monday initially would not provide any information on Fox’s arrest, nor would they confirm he’d been arrested. Sgt. John Carlon of the Bend Police Department said the agency would not comment. “Hypothetically, if we have something to do with this whole deal, we’ve received 100 calls from national media and we’re not commenting, so we’ve got to be consistent with that,� Carlon said. Carlon said that if a suspect was arrested, the police would refer all questions to the District Attorney’s Office. Mary Anderson, the chief deputy district attorney, said the District Attorney’s Office received a report and citation for Fox to appear on June 7 at Deschutes County Circuit Court. She wrote in an email that the DA’s office would make a charging decision before that date. She also said police reports were “unavailable� because the investigation is still pending.


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