Controversy Surrounds Waterfront Donation

Lindsey Griffin, owner of L.R. Griffin & Associates, Inc., a commercial landscaping company in Greenville, donated eight Crape Myrtles to the city of Washington to be planted between the former Maola Plant and the N.C. Estuarium. The planting of the shrubs at the specified location had been approved by the Washington City Council, but there were disagreements about whether Crape Myrtles are shrubs or trees.

“The idea was brought to the council as planting shrubs,” Washington City Manager Jim Smith said Wednesday. “It said shrubs in the minutes.”

The primary concern with the Crape Myrtles was their size.

“I started getting calls about trees being planted, not shrubs,” Smith said. “The things being planted, Crape Myrtles, are technically shrubs, but they grow to 30 feet. The ones we had delivered are already eight feet.”

One of those concerned was Washington Mayor Judy Meier Jennette. From the motion that the council approved, Jennette said she assumed that the shrubs would be much smaller.

“I just wanted to make sure that whatever was going down there was what we agreed on … in keeping with what we actually voted on,” Jennette said.

The planting of the shrubs, which was scheduled for Wednesday morning, was put on hold so that the Washington City Council could deliberate on the situation.

“I pulled the council together this afternoon,” Smith said.

There was some disagreement between council members during the deliberation.

“There was great debate between the council over whether they were trees or bushes,” Jennette said.

The issue was eventually resolved, according to Smith.

“The majority were fine with the shrubs,” Smith said.

The planting of the shrubs was approved, in part, because they were a “very generous donation,” according to Jennette.

“We decided that it was a great idea to accept them whether they were trees or bushes,” Jennette said. “I’m not looking a gift horse in the mouth. I’m glad to accept the gift.”

Development between the former Maola Plant and the N.C. Estuarium has been a hot topic in Washington.

“Everyone’s always suspicious when the site gets touched,” Smith said.

Jennette reaffirmed Smith’s statement.

“I know it’s a very touchy situation down there,” Jennette said. “There’s a group of people that are very intense about getting certain things in place.”

Jennette was pleased with the new shrubs, but said she wants to make sure that any future work done to the area has the City Council’s approval.

“It’s just that I want to make sure we follow some rationale as we prepare the park area over there,” Jennette said.

The planting of the shrubs between the former Maola factory and the N.C. Estuarium was the second phase of a proposal that Griffin brought before the City Council. Griffin, who owns a commercial landscaping company, approached Jennette about making a significant donation to the waterfront.

“He approached me several months ago about donating some trees to the waterfront,” Jennette said. “He said that he would donate four trees if the city bought four.”

Griffin, a resident of Greenville and owner of “Lrg Time,” a houseboat permanently docked on the Washington Waterfront, said he was unimpressed by the small trees that lined the promenade.

“He really wanted to do something on the waterfront,” Jennette said. “He said ‘You really don’t notice the trees because they are so small’.”

After meeting with Jennette, Griffin spoke with Smith regarding his idea.

“He went to the city manager to make arrangements with Parks and Recreation,” Jennette said.

Plans were set in place for the waterfront trees after the Washington City Council approved their planting.

“The city bought four at $2,000 a piece, including transplanting and everything,” Jennette said.

Jennette was happy with the work done by Griffin on the waterfront.

“The trees look great; you can really notice them now,” Jennette said.

The trees formerly lining the promenade were moved to the Washington Veteran’s Park on Third Street.

Unlike the trees lining the Washington Waterfront, the eight Crape Myrtles were donated in full by Griffin. Bud Brooks, owner of Brooks Construction, and employees Johnny Ayers, Jimmy Shed, John Carson and Mike Woolard volunteered to transplant the shrubs.

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Monday, May 12th, 2008

Crosslake considers licensing landscapers

Home > News

Wednesday, March 12, 2008
11:32 AM on Wednesday, March 12, 2008
Crosslake considers licensing landscapers

by Betty Ryan
betty.ryan@pequotlakesecho.com

If the shoreline of any property is changed, the homeowner and the landscape contractor are required to obtain a permit.

Now, in addition, the Crosslake City Council is considering requiring all landscape and excavating contractors to be licensed.

Ken Anderson, community development director, showed pictures of a landscape project where non-permitted rock work caused major erosion on a lakeshore and construction of a sand beach area that encroached on a lake. Another photo showed a deck that was being built five feet from the lake.

“I could show you 40 more photos like these,” Anderson said.

The proposed ordinance would license landscape contractors and excavators. Septic system installers are already licensed.

The proposed ordinance would require the land that was been altered to be restored. Vegetation would have to be re-established to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values and archeological sites, prevent bank slumping and protect fish and wildlife habitat.

There would be civil penalties: $100 fine for first violation; $500 fine for second violation; and $1,000 fine for third violation plus a 30-day suspension of license. A fourth violation would be a $2,000 fine plus a revocation of the license.

Council member Steve Roe said he thought the fines should be higher. He said some contractors just include the fine costs in their bid to do the landscaping.

“I don’t think there’s any question that this is needed,” Roe said. “We need to make sure the contractors understand.”

Council member Dean Swanson said, “We’re not concerned about the good ones. I am concerned about enforcing it.”

A landscaper in the audience thought it was a great plan, but was concerned about enforcing it. Another contractor liked the licensing ordinance, but said a $1,000 fine was nothing.

Anderson said he planned to be “up front” about the ordinance and notify all area landscapers in a letter about the ordinance. He hoped the ordinance would be approved before the coming construction season. He added that not much building is going on at this time, so there probably would be more contractors available to bid on a job.

After much discussion, the council tabled the ordinance to the April meeting. In the meantime, Anderson said he will work with the city’s attorney to incorporate some of the changes suggested and would like to have a new version back to council members before the April meeting.

February permit summary

In February, permits were issued for five homes, five garage/storage buildings, five septic systems, seven decks/patios/porches, eight land alterations, and eight demolitions/move buildings. Total estimated value of the 38 permits is $1,521,650.

In January, 11 permits were issued for an estimated value of $301,225. Total for 2008 is 43 permits with estimated value of $1,552,730.

Shoreland rule update

Anderson requested council permission to be a member of the Shoreland Rule Update Local Government Unit advisory committee. He will be one of some 25 planners or zoning administrators who will meet six to eight times over the next 18 months. The first meeting is March 28 in Monticello.

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Tuesday, March 25th, 2008

Temple adds to Rexburgs economic boom

REXBURG, Idaho %26#151; Northbound motorists who exit I-15 at Idaho Falls and head east on U.S. 20 toward Yellowstone National Park have a new landmark to tag along their way.

The Rexburg LDS Temple is the newest in a string of 10 temples %26#151; spiritual pearls to members of The Church of Jesus Christ of Latter-day Saints %26#151; that dot the landscape close to one of the Intermountain West’s most traveled highways.

With names that reflect their geography, they are strung north from Las Vegas to St. George, then clustered through Provo, American Fork (Mt. Timpanogos), South Jordan (Jordan River), Salt Lake City, Bountiful and Ogden, then on to Idaho Falls and Rexburg.

Like many of its counterparts, this one sits on a hill overlooking the valley below like a sturdy general by day and a lighthouse by night.

Capping the northern end of what some have dubbed the “Mormon corridor,” the temple %26#151; to be dedicated this morning by new LDS Church President Thomas S. Monson %26#151; overlooks not only a bustling community of 27,000 that immediately surrounds it, but beyond the city streets to thousands of acres of farmland in the Upper Snake River Valley.

Though it is difficult to predict exactly what the long-term economic impact of a temple will be, major changes are already under way, and city leaders here have an inkling of how this religious landmark could ultimately change the face of their community by looking to the south.
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Economic development almost invariably follows the announcement of a new temple in areas heavily populated by Latter-day Saints, with land values in the area rising as developers put up new housing %26#151; some of it expensive homes in exclusive neighborhoods %26#151; drawing the faithful and their financial resources.

While LDS leaders and members alike tout its spiritual benefits, government and business leaders know there are significant financial benefits that flow into the area once a temple is announced and construction begins.

Donna Benfield, executive director of the Rexburg Area Chamber of Commerce, said roughly 200,000 people attended the temple’s monthlong public open house. Though figures have yet to be compiled showing how many were out-of-town visitors as opposed to locals, the economic impact on restaurants, motels and gas stations in town has been huge, she said. Especially during the off-season for tourism.

Motel occupancy rates ranged from 80 to 100 percent in January %26#151; unheard of during winter’s deep freeze here. “We’ve seen waits of up to an hour at the restaurants in town. People here are not used to waiting like that.”

Even before the temple was announced in December 2003, city leaders saw the potential for growth sprout when LDS Church President Gordon B. Hinckley stunned the community in 2000 by outlining a plan to make church-owned Ricks College a four-year university now known as BYU-Idaho.

As a new member of the City Council back then, Benfield had known only six months of “normal” council meetings as things plugged along “like they had for the past 20 to 30 years.” After the June 2000 announcement, “We never went back.

“City Council meetings went from 90 minutes to six or seven hours a night. We had a line of public hearings stacked up each meeting,” for everything from proposals for new housing development to new motels and restaurants.

The temple announcement added fuel to the development fire, and while things have slowed a little, she said, “it’s still continuing.”

Early on in that boom, council members took a bus trip to Utah County, talking with business and government leaders in the Orem-Provo area about what they would have done differently with the benefit of hindsight, Benfield said.

“That really helped set up our thinking with regard to planning, developing, zoning and how we want to see our city laid out. … We don’t want to turn it into what developers can make it. We wanted to lay out the guidelines and the developers can work within those parameters. We’re not going to let it happen the other way.”

Census figures show the town had about 17,500 residents in the year 2000, but the most recent population figures come in at about 28,000, said Clair Boyle, director of economic development in Madison County.

Daryl Olsen, principal in a local title company, works with Benfield as president of the area Chamber of Commerce. The sub-prime mortgage crisis that has a stranglehold on some parts of the country hasn’t had a significant impact on the Rexburg area, he said.

“Our economy here is still quite robust. Foreclosures have not increased dramatically here. Things are still pretty good, and the various lenders and builders are quite optimistic.” Property prices saw a “pretty sharp spike” in 2000, and those values haven’t declined much, if at all, he said. Average home prices hover around $200,000.

In addition, city leaders are fielding an influx of inquiries from large commercial developers they haven’t seen before. Marriott just purchased property on the newly opened University Boulevard for a new hotel/motel-type property %26#151; the sixth to be built here within the past eight years.

A new high school is also planned in the same area.

“I would dare say in the next two to three months we’ll have big-box retailers making announcements about coming here,” Olsen said.

His business has seen the university going to four-year status and the new temple “driving everything” within the area’s current economy %26#151; a dramatic departure from the town’s historic reliance on agriculture.

Madison Memorial Hospital is now undergoing a $40 million expansion that is slated for completion this fall in the heart of downtown, near where a multimillion-dollar mixed-use development is now under way, to be built near the city’s historic Main Street not far from the university, Olsen said.

Two brothers who grew up here and left Rexburg years ago are returning to oversee the development project, which is estimated to cost between $20 million and $30 million and will make over an entire city block between First and Second South.

Seen by some as a miniature version of what the LDS Church is doing in downtown Salt Lake City with the City Creek Center, the project is scheduled to include a mix of hotel, boutique-type retail, office space and upscale apartment living.

“It will break ground as soon as ground can be broken,” Olsen said. “They’ve been public, and they’ve gone to planning and zoning. They are local guys that have said ‘yes, we’re doing it.’ It will be the biggest thing to hit this community for a long time.”

As overseer for industry in the wider county, Boyle said development is expanding into the surrounding area as well.

Last summer, a new “self-contained community” called Fox Ridge was announced after approval by the county planning and zoning commission, to be built on an 1,800-acre site along the western ridge of the Rexburg Bench about a mile southeast of where the temple now stands.

Plans call for more than 2,000 homes, along with schools, churches, a golf course, small business district, parks, green space and miles of bike paths.

“Everywhere you go %26#151; east, west, north and south %26#151; there are new subdivisions,” Boyle said. Charged with drawing jobs to the area to become the engine for continuing growth, leaders are looking for “light industry” with its accompanying high-paying jobs.

He sees promise in companies like A-Met, a home-grown company specializing in automation welding started by two locals in the basement of one man’s home that now has sister companies in China, Canada and Europe. It’s one of 15 businesses that have filled the Rexburg Business Park in the past few years, many of them of the home-grown variety.

To help foster that entrepreneurship, the city recently opened an off-campus Entrepreneurship Center that helps train selected BYU-Idaho students in hands-on experience with performing due diligence and formulating business plans for local start-up companies.

“It’s working out beautifully” as students gain first-hand experience, help local businesses and are then equipped with the tools to start their own companies, he said.

Outlying Sugar City has just developed a 23-lot business park with Boyle’s help, and leaders are looking to develop enough local business to attract BYU-Idaho graduates, many of whom like the area enough to stay if the job prospects are bright, he said.

Tourism has also become more of a factor within Rexburg’s economy, said Mayor Shawn Larsen.

More than 200,000 people attended the temple’s public open house during its monthlong run in January. “The area went from being an empty field to beautiful landmark for our community.”

He said there have been no complaints from residents about the temple itself, but he has heard about traffic congestion on the corner of that block at the intersection of 7th South and 2nd East, with many requests for a traffic light there.

In 2007, the city had 11 subdivisions platted with 371 lots %26#151; half of them in the area of the temple %26#151; and others are still in the initial phases of development.

Larsen said there is no doubt the four-year university and the temple have both generated economic development here, but the city’s biggest challenge now is the fact that approximately half of the taxable value of the community is tax-exempt, being owned by the LDS Church.

“It’s a challenge to provide infrastructure for growing and developing community. But we also recognize the benefit that comes from this temple and BYU-Idaho. The community would be much different if we didn’t have church investments here.”

To help overcome the lack of revenue, in recent years the city has put impact fees in place for new development that goes to fund emergency services, parks and streets, “so that addresses the problem somewhat.”

Such challenges are preferable to many others, he said, noting that as a Rexburg native, he left the area for several years in the East before deciding to return with his wife so they could raise their family in what residents call “America’s Family Community.”

“We have a lot to offer here %26#151; a growing and thriving but a very safe community,” with an educated work force and a comparatively low tax rate. There are great recreational opportunities in southeastern Idaho, but we’ve managed to retain that small-town feel.”

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Sunday, February 10th, 2008

Oviedo starts looking for new manager

Oviedo has begun making plans to find a new leader after City Manager Gerald Seeber told council members last week that the board of Tampa Bay Water voted to offer him a job as its general manager. Council members decided Thursday night to replace him temporarily with Gene Miller, a city management veteran who filled in the last time Oviedo needed an interim city manager. Council members said they decided to use a recruiting firm to find a replacement for Seeber, who expects to leave in a few weeks. Meanwhile, it looks as if things have gotten off to a rocky start at Tampa Bay Water.

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Sunday, January 20th, 2008

Prostitutes drugs chased from Aurora corridor by group’s patrols

Cindy Potter and other members of her community group donned orange reflective vests and braved Tuesday night’s chill to walk along Aurora Avenue North in search of prostitutes or other criminal activity, but the worst thing they encountered was a burned-out street light.

It was a far cry from just a few years ago, when Seattle police logged nearly 1,000 911 calls in a year about prostitution or drugs along the heart of the Aurora Avenue North corridor.

Thanks in part to efforts by Potter’s group as well as a stepped-up police emphasis, dispatchers received only about 215 such calls last year.

“We literally flipped the switch on in 2005 and have never turned it off,” said Capt. Mike Washburn of the police’s North Precinct. “I’m amazed we have been able to impact it so much. It’s just been there so long.”

For the past two years, police have targeted the Aurora corridor from North 84th Street to North 105th Street with undercover stings and by monitoring activity at the motels that line the highway.

Washburn credited those efforts as well as the regular patrols and monthly trash cleanups by the nearly 400 members of Potter’s group, Greenwood Aurora Involved Neighbors (GAIN), with bringing about the drastic reduction in 911 calls.

Lt. Mike Nolan, who runs the Seattle police’s vice unit, said that 15 years ago officers could find more than 20 prostitutes walking Aurora on any given night. Now, he says, “you’ll be lucky to see two.”

Sketchy history

Aurora Avenue, as well as the rest of Highway 99 stretching from Everett to Kent, has for years been frequented by prostitutes. The stretch of roadway that Washburn has had his officers focus on home to low-rent motels and multiple lanes of traffic has long been the heart of the prostitution problem in Seattle.

But the two years of constant police pressure apparently haven’t forced prostitutes to move north to Shoreline, according to Shoreline police. And Seattle police said they’ve seen no corresponding increase in prostitution in other parts of the city.

Another possible reason for the decline is that many prostitutes have left the streets and are now advertising their services on Craigslist, Nolan said. Detectives now find themselves investigating some of the online ads to break up prostitution operations.

“I don’t know if prostitution is on the decline,” Nolan said. “It’s all how it’s packaged. It’s on the Internet.”

During one police sting in November 2006, police arrested 104 men who showed up at a ritzy downtown condo expecting to pay for sex. Nearly three-fourths of the men who were arrested on suspicion of patronizing a prostitute were responding to postings in the “erotic services” category on Craigslist. The rest were responding to escort ads found in the back pages of The Stranger and Seattle Weekly.

The drop in drug and prostitution calls along the targeted stretch of Aurora comes as police in Seattle and many other cities across the state have seen an almost across-the-board drop in most crimes in 2007 compared with 2006, according to statistics compiled by the FBI. In 2007, crime in Seattle was the lowest it has been in nearly 38 years, said Deputy Chief Clark Kimerer.

Seattle Mayor Greg Nickels and Police Chief Gil Kerlikowske are expected to release detailed information about the city’s 2007 crime rates during a news conference this afternoon.

An improbable activist

Potter, 41, the mother of two small children, has become an unlikely expert in spotting prostitutes and drug dealers.

During most of her 10 years living a half-block off Aurora near North 81st Street, Potter said she ignored the women she frequently saw shuffling up and down the street. She got involved upon hearing about a neighbor who was beaten unconscious after confronting someone who he thought was dealing drugs.

In November 2005, more than 400 Greenwood-area residents crammed into a local elementary-school cafeteria to complain to police, prosecutors, City Council members and officials from the mayor’s office about drugs, prostitution, theft, burglary and vehicle prowls.

GAIN had formed a few months before that.

Potter said she went from belonging to a block-watch group that met once every summer to being an active member of GAIN who communicates with fellow members via e-mail several times a day. She said GAIN has been referred to as “block watch on steroids,” and has even resulted in two spinoff groups GAIN Greenwood North and GAIN the Highlands.

Walking north on Aurora, in an area where police say drug deals and prostitution used to be frequent, Potter and GAIN members are far from intimidated. They talk easily about families, work and neighborhood improvements they would like to see.

Each member has a different story about crimes they’ve witnessed while living in the neighborhood. Potter said that when she encountered a prostitute and a customer in a truck parked in front of her house about 1-%26lt;133%26gt;%26#189; years ago, she was berated by the woman after ordering them to leave.

Chris Porter, who lives near Aurora and North 85th, said that before GAIN was started, she saw cars pull in and out of the subsidized housing complex across the street all day long for what police have said were drug deals. She said the traffic out of the complex has slowed with increased police presence and the GAIN patrols.

Until last summer, GAIN members patrolled Aurora and nearby streets religiously once a week. Dressed in their orange vests and GAIN baseball caps, members watch for crime. When they see suspicious activity, they call police.

GAIN members said they noticed the biggest change in criminal activity in the fall of 2006 after they convinced the owners of a convenience store near North 85th Street and Aurora to remove a bank of phone booths frequented by prostitutes and drug dealers, Washburn said.

“The next day it was dead and quiet there,” Potter said.

Since last summer GAIN members have dropped their weekly walks and now hit the streets about once a month.

North precinct Sgt. Angela Gordon said the “shock and awe campaign” the department started on Aurora at the end of 2005 is scaling back.

“I think we have control of as much of it as we can,” Gordon said.

She also attributes some of the department’s success to a program that allows motels to forbid certain people from returning. If caught on the premises they can be arrested for trespassing.

Washburn said businesses can refuse service to anyone, but by signing the trespassing agreement with police the motels can keep the person off the property permanently.

“If somebody is out there streetwalking they’re going to be contacted by us and they’re going to have to be moving somewhere else,” Gordon said.

Includes information from Seattle Times archives. Seattle Times news researcher Miyoko Wolf contributed to this report.

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Friday, January 18th, 2008

Seattle nightclub employees say plea deals in sting aren’t fair

At least eight workers at Seattle nightspots who were arrested in a controversial sting operation intend to take their cases to trial because, their attorneys say, the plea deals they were offered amount to no deal at all.

The workers are among 27 bartenders, bouncers and other bar employees criminally charged in Operation Sobering Thought, a sting begun in August that targeted 15 nightclubs in Pioneer Square, Belltown and the University District.

All the charges are gross misdemeanors; most concern serving minors or allowing minors into a tavern. Two bouncers were charged with allowing a firearm inside a tavern.

For months, defense attorneys in the sting cases have complained that City Attorney Tom Carr’s office has been inflexible and unreasonable in plea negotiations.

Some of the bouncers who are first-time offenders were offered initial plea deals of 20 days in jail and a year’s probation, while the two charged with letting a patron bring a gun into a tavern were offered a year in jail, defense attorneys say.

“I have clients charged with felonies who have gotten better offers than these defendants,” said Jessica Riley, who is defending a bouncer from Cowgirls, a Pioneer Square bar. “In this case they didn’t seem to be open to any kind of negotiation.”

Another defendant’s attorney, David Gehrke, said in his three decades practicing law, he has never seen prosecutors recommend significant jail time for first-time offenders, including people charged with driving under the influence and domestic violence.

The plea offers are “way out of whack compared to the charge,” Gehrke said. Letting a minor into a tavern “is a human mistake. You don’t lock up people for 30 days for that,” he said.

“Get better control”

Carr said the plea offers are based strictly on sentencing guidelines and a defendant’s history. He said he has been trying to rein in staff attorneys from using their discretion and offering deals that could vary unfairly from case to case.

“I’ve been trying to get better control over what we do,” Carr said. “I worry about being fair to the 20,000 people we charge here” annually.

Carr said his office essentially makes three plea offers in every case it prosecutes, depending on the stage at which the defendant enters a guilty plea: a lenient offer at first appearance, a standard offer during the pretrial phase and a more severe sentence beyond that stage.

But defense attorneys representing some of those arrested in the August sting say the first plea deals proffered weren’t at all lenient.

The offers, apparently, aren’t negotiable.

“To some extent, people believe there’s ongoing negotiation,” Carr said. “You’re not supposed to sit there and haggle over days in jail.”

3 cases dismissed

Of the 27 individuals charged in the sting operation, three saw their cases dismissed entirely, including one of the bouncers charged with letting a firearm into a tavern.

Prosecutors gave deals to seven others, mostly bartenders, whose cases will be dismissed without guilty pleas as long as they do some community service and commit no further violations.

Rarely, if ever, has the city pursued criminal prosecution of bar workers, who are typically fined by the Liquor Control Board if they violate liquor laws.

Last year’s sting operation drew immediate criticism from the night-life industry and questions from City Council members about its timing and use of scarce police resources.

In 2006, the city didn’t file charges against anyone for selling liquor to a minor or allowing a minor into a tavern, according to Seattle Municipal Court.

The city did file charges in 2006 against a patron who police say brought a gun into a Lake City Way bar and then brandished it outside. The young man faced a maximum sentence of a year in jail and pleaded not guilty at his first appearance.

Weeks later at his first pretrial hearing, a plea deal was struck: In exchange for pleading guilty to a lesser charge, forfeiting his gun and staying away from the bar, the man got 29 days of electronic home monitoring, court records show.

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Monday, January 14th, 2008

Council discusses tighter water rules

Oviedo - The City Council on Monday night discussed proposed changes to its land-development code placing new water-saving requirements on landscaping and irrigation systems in future development. A second public hearing is scheduled for Jan. 22. Deputy Mayor Dominic Persampiere said council members wanted to include a few more specifics about irrigation equipment. Under the proposed rules, only 30 percent of the landscaped areas for homes and businesses can be considered a “high water use” zone. That decreases the amount, currently 40 percent.

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Sunday, January 13th, 2008

Jury verdicts in question

When an obscure local rule was changed in September, it suddenly made life a whole lot easier for people called to jury duty in King County.

Instead of pulling potential jurors from all corners of the county for criminal trials at two Superior Court courthouses, the county began assigning jurors to cases based on geography: Those who lived south of Interstate 90 were assigned to cases at the Kent courthouse, and those north of I-90 were assigned to downtown Seattle.

The move reduced commute times and traffic hassles, and made jury duty which requires citizens to report as often as every two years and pays them about $10 a day a bit more palatable.

But a ruling Thursday by a King County Superior Court judge calls the jury-pool division unconstitutional, saying the potential for a socio-economic imbalance among juries threatens fairness.

The strongly worded decision potentially calls into question hundreds of criminal verdicts rendered since Sept. 1. In it, Judge Cheryl Carey cites case law dating back to the 1800s when a jury that wasn’t drawn from the entire county sentenced a slave to hang. Her ruling has judges, prosecutors, defense attorneys and court administrators scrambling to figure out what to do.

“The danger is that … on appeal, other people’s convictions will be overturned,” said senior deputy prosecuting attorney Scott Peterson, who argued before Carey, unsuccessfully, that the new rule was legal.

The next move is to have the issue heard by the state Court of Appeals or the state Supreme Court as soon as possible.

“Our main concern at this point is to resolve any legal challenges as quickly and efficiently as possible,” said Jim Whisman, a supervising attorney in the King County Prosecutor’s Office appellate unit. “We would hope to move quickly if we decide an appeal is warranted,” he said in an e-mail Friday.

After the Legislature enacted a law in 2005 that allowed counties to split their jury pools, King County the only county in the state that has two Superior Court courthouses changed its rules Sept. 1.

The main motivation was to lessen the hardship on the approximately 150,000 potential jurors summoned each year, Peterson said.

“If you live in Lake City and have to be at the [Norm Maleng Regional Justice Center] in Kent at 8:30 in the morning, that’s a hardship. They’re being summoned clear across the county.”

For example, if a resident of Skykomish one of the county’s most far-flung towns was summoned to a Kent trial, he would have to travel 76 miles, much of that on country roads, for a one-way trip of about 90 minutes, according to an online mapping calculator. And that’s barring a major traffic accident, storm or other delays.

If a potential juror from Enumclaw needed to take the bus to the downtown Seattle courthouse, he would have to leave just after 6 a.m. and take two buses, with a 40-minute wait between a transfer.

“What we wanted was convenience for the jurors,” said Superior Court Judge Laura Inveen, chairwoman of the Superior Court jury committee.

It was hoped the new method would even convince more citizens to actually show up for jury duty, the judges reasoned. Only about a quarter of those summoned for jury duty make it into the courthouse they’re ordered to visit, according to the court’s administration.

Though they believed the new method to be constitutional, Inveen said, the judges wanted to get a formal ruling by a higher court before they enacted the rule. So they opted to test the new selection process before it went into effect.

They selected two test periods of two weeks each, during which they split the jury pools on low-level criminal cases, such as drug cases, and advised defense attorneys they could appeal their clients’ convictions based on the pool division.

During the first test period, Inveen said, there were no convictions to appeal. During the second one, no defense attorneys wanted to appeal.

“We realized perhaps we weren’t going to get somebody to raise it in a case like this, in a not-so-serious case,” she said. So after a lot of discussion, “we felt we were on strong legal grounds to pass the rule implementing the legislation.”

But Thursday, Judge Carey threw a wrench into things.

According to her opinion, the rule violates the article of the state constitution that provides people accused of crimes the right to a speedy public trial by “an impartial jury of the county in which the offense is charged to have been committed.”

“Efficiency and convenience should not be the sole consideration when determining whether individuals are being provided a random and proportional jury pool,” Carey wrote. “Such a provision is a cherished right, not to be taken lightly.”

The challenge first arose in Carey’s court as part of the high-profile case against John Gilbert Conte, an associate of longtime Seattle strip-club operators Frank Colacurcio Sr. and Frank Colacurcio Jr.

The case has yet to go to trial. It charges the Colacurcios, Conte and Marsha Furfaro with scheming to bypass campaign-contribution limits and funnel thousands of dollars to former Seattle City Council members Judy Nicastro, Heidi Wills and Jim Compton, at a time that Colacurcio Jr. was seeking council approval for expanded parking at his Lake City strip club.

In pretrial hearings, Conte’s attorney, Richard Hansen, argued that the new jury-pool division, based purely on geography, ignores critical socio-economic differences between North and South King County such as higher poverty levels in Kent and higher education levels in Bellevue and prevents a jury from being drawn from a fair cross-section of residents.

“It’s really going to distort the jury pools,” he said.

Ultimately, a final ruling by a higher court could affect some or many of the verdicts rendered since September, including the theft conviction of former Huling Brothers Auto Center salesman Paul Rimbey and Nikolay Sloboda’s conviction for stabbing to death the son of a King County sheriff’s deputy.

But no one is really sure. In the meantime, the judges may decide to revert to the old countywide system.

“We’ll probably resume discussions,” Inveen said.

Carey’s opinion doesn’t necessarily doom the new jury division, said Paul Sherfey, spokesman for the court. Two other Superior Court judges have ruled in recent months that the new approach is constitutional, he said.

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Sunday, January 6th, 2008

Government salaries floating sections and ink ruboff

The story was interesting, but I wondered why it was the lead story on Sunday’s front page, which by definition should appeal to a wide number of readers and be broad in scope. Furthermore, there was no smoking gun.

Franklin isn’t questioning her salary, and there isn’t a proposal on the table to increase it. In fact, back in 2002 Franklin announced that she would cut her own salary from $141,000 to $101,000 as part of her efforts to lower the cost of government.

Council members quoted in the story seemed divided on the issue of whether the mayor earns too much or too little. The story noted that it’s not unusual for the top elected official to earn less than what other city officials make because of the competition to hire the best and brightest city and county leaders.

And while Sunday’s story mentioned the salary of DeKalb CEO Vernon Jones, it would have been good to broaden the article to include the salaries of top elected officials and other high-ranking personnel in Fulton, Gwinnett and Cobb counties.

Atlanta isn’t the only major government body in the metro area. The newspaper should routinely examine the salaries and spending of other government bodies to better serve readers.

Robert Mashburn, senior editor/Sunday %26 Planning, said he selected the story because it was the most interesting offering that day. “It seems people are always interested in the salaries of public officials, athletes, entertainers and even everyday people (see Parade Magazine’s annual salaries issue).”

Why are the sections of the newspaper always in a different spot? That’s a question that comes up fairly often about the AJC’s print edition. Readers want to know, for instance, why the Metro section might be the B section one day and the D section the next.

The section locations float based on color availability and section size, said Danny Simmons, the AJC’s production manager.

It would certainly be less confusing if the section letters were the same each day, but the needs of advertisers, color positions on the presses and varying section sizes make this impossible.

While we’re on the subject of production, another frequent question concerns the black dots that appear on the far left side of Page 1, just below the dateline.

The dots, which used to be stars, distinguish the editions we produce each day.

If your paper has four dots, you’re getting the earliest version of the newspaper, which is printed around 9:40 p.m. This edition goes to readers in outlying areas, including North Georgia. The newsroom has to be finished with this edition by 9:15 p.m., so it doesn’t contain late news or sports scores.

The home edition, which goes to most home delivery customers, is printed at midnight. The newsroom’s deadline is 11:40 p.m. This deadline is extended when there are high-interest sports events or there’s breaking news.

Some pages in the home edition are updated at around 12:50 a.m. These are mostly sports pages. This edition has two dots and goes to press around 1:30 a.m. It goes to home delivery customers in town and is sold in some newspaper racks.

If you get a paper with one dot, that means it was updated further with important late news or sports.

On Sundays, the first edition %26mdash; nicknamed the bulldog %26mdash; has no dots. This edition is printed on Saturday mornings and distributed in stores for readers who want to get an early start on their coupon shopping and Sunday reading.

This edition doesn’t contain obituaries or news and sports scores from Saturday. It does include news features and nondeadline stories.

Here are a few other production tidbits you may find interesting:

%26bull; The pin holes at the bottom of the newspaper aren’t there just to annoy you. They are used to attach the paper to the press folder, which pulls the paper through the press.

%26bull; Over the years, the amount of ink rub-off has decreased, but it hasn’t gone away entirely. “We used to get a lot of complaints,” said Simmons. “We’ve reduced the rub-off by reducing the amount of ink and the amount of water we use on the paper.”

Because oil-based ink takes a while to dry, some rub-off will occur. Simmons said the newspaper’s color ink is soy-based, so there is less rub-off.

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Saturday, January 5th, 2008

Government salaries floating sections and ink ruboff

The story was interesting, but I wondered why it was the lead story on Sunday’s front page, which by definition should appeal to a wide number of readers and be broad in scope. Furthermore, there was no smoking gun.

Franklin isn’t questioning her salary, and there isn’t a proposal on the table to increase it. In fact, back in 2002 Franklin announced that she would cut her own salary from $141,000 to $101,000 as part of her efforts to lower the cost of government.

Council members quoted in the story seemed divided on the issue of whether the mayor earns too much or too little. The story noted that it’s not unusual for the top elected official to earn less than what other city officials make because of the competition to hire the best and brightest city and county leaders.

And while Sunday’s story mentioned the salary of DeKalb CEO Vernon Jones, it would have been good to broaden the article to include the salaries of top elected officials and other high-ranking personnel in Fulton, Gwinnett and Cobb counties.

Atlanta isn’t the only major government body in the metro area. The newspaper should routinely examine the salaries and spending of other government bodies to better serve readers.

Robert Mashburn, senior editor/Sunday %26 Planning, said he selected the story because it was the most interesting offering that day. “It seems people are always interested in the salaries of public officials, athletes, entertainers and even everyday people (see Parade Magazine’s annual salaries issue).”

Why are the sections of the newspaper always in a different spot? That’s a question that comes up fairly often about the AJC’s print edition. Readers want to know, for instance, why the Metro section might be the B section one day and the D section the next.

The section locations float based on color availability and section size, said Danny Simmons, the AJC’s production manager.

It would certainly be less confusing if the section letters were the same each day, but the needs of advertisers, color positions on the presses and varying section sizes make this impossible.

While we’re on the subject of production, another frequent question concerns the black dots that appear on the far left side of Page 1, just below the dateline.

The dots, which used to be stars, distinguish the editions we produce each day.

If your paper has four dots, you’re getting the earliest version of the newspaper, which is printed around 9:40 p.m. This edition goes to readers in outlying areas, including North Georgia. The newsroom has to be finished with this edition by 9:15 p.m., so it doesn’t contain late news or sports scores.

The home edition, which goes to most home delivery customers, is printed at midnight. The newsroom’s deadline is 11:40 p.m. This deadline is extended when there are high-interest sports events or there’s breaking news.

Some pages in the home edition are updated at around 12:50 a.m. These are mostly sports pages. This edition has two dots and goes to press around 1:30 a.m. It goes to home delivery customers in town and is sold in some newspaper racks.

If you get a paper with one dot, that means it was updated further with important late news or sports.

On Sundays, the first edition %26mdash; nicknamed the bulldog %26mdash; has no dots. This edition is printed on Saturday mornings and distributed in stores for readers who want to get an early start on their coupon shopping and Sunday reading.

This edition doesn’t contain obituaries or news and sports scores from Saturday. It does include news features and nondeadline stories.

Here are a few other production tidbits you may find interesting:

%26bull; The pin holes at the bottom of the newspaper aren’t there just to annoy you. They are used to attach the paper to the press folder, which pulls the paper through the press.

%26bull; Over the years, the amount of ink rub-off has decreased, but it hasn’t gone away entirely. “We used to get a lot of complaints,” said Simmons. “We’ve reduced the rub-off by reducing the amount of ink and the amount of water we use on the paper.”

Because oil-based ink takes a while to dry, some rub-off will occur. Simmons said the newspaper’s color ink is soy-based, so there is less rub-off.

Tags: , ,
0

Saturday, January 5th, 2008