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4 CapitalPress.com August 11, 2017 Judge hears case that seeks to save farmland By SEAN ELLIS Capital Press BOISE — The fate of a pe- tition that seeks to ask voters to stop a planned development on 1,400 acres of farmland near Boise is in a judge’s hands fol- lowing an Aug. 8 court hearing. Members of the Dry Creek Valley Coalition, which in- cludes farmers, filed a petition with the Ada County Clerk’s office to put an Ada County Board of Commissioners de- cision regarding the planned development to a referendum vote during a special election. The clerk didn’t accept the peti- tion, which resulted in the coa- lition filing a complaint against the clerk’s decision in court. The developer, Boise Hunt- er Homes, also filed a com- plaint with a different judge that asked for a court writ pro- hibiting the clerk from accept- ing the petition. District Judge Jonathan Medema on Aug. 8 accepted a motion by the commissioners to consolidate the two cases and took under advisement a motion by the county board to intervene in the case. Referendum supporters hope to stop the planned devel- opment in the Dry Creek Valley just north of Boise and save the farmland. They believe Idaho Code allows voters to overturn a decision by county commis- sioners that is legislative. In this case, they hope to ask voters to overturn an ordinance passed by the Ada County commissioners on Feb. 21 that paved the way for the develop- ment to continue. The board was represented during the Aug. 8 hearing by County Deputy Prosecuting Attorney Lorna Jorgensen, who said petition supporters seek to take away the board’s authority under Idaho law to make bind- ing land use decisions. The board is seeking to in- tervene to protect that right, she said. “Only an elected body can make those land use decisions.” Coalition members told Capital Press later they see that motion to intervene as an attempt to delay the court’s de- cision on the matter. If the petition is accepted, referendum supporters will have 180 days to collect the roughly 40,000 signatures it will require to prompt a special election. Certain community activi- ties during the summer, such as the Boise farmers’ markets, are ideal for rapid and efficient col- lection of signatures, said Brian Ertz, who represents referen- dum supporters. Delaying the court’s deci- sion would mean missing that prime signature-gathering op- portunity, he said. “This is all delay,” he said of the commissioners’ attempt to intervene in the case. “They want to delay it, they want to throw dirt into the gears and they want to push it out as much as possible.” In its court complaint, Boise Hunter Homes, the developer, said the county board’s Feb. 21 ordinance granted it vested property rights and it has rea- sonably relied on those rights to make significant investments in the development, “entering into contracts and other liabil- ities valued in the millions of dollars.” “We are going to aggres- sively ... assert our property right,” Boise Hunter Homes attorney Geoffrey Wardle told Medema. The company’s com- plaint claims the ordinance passed by the county commis- sion is quasi-judicial and not legislative in nature. “Quasi-judicial actions are not subject to a referendum under either the Idaho Consti- tution or Idaho Code,” it states. Washington farmers hire lab to connect bacteria to sources Research to pinpoint cause of fouled shellfish beds By DON JENKINS Capital Press John O’Connell/Capital Press A potato grower group says a ruling by a Mexican court barring the importation of fresh potatoes from the U.S. will be appealed. Court in Mexico rules against U.S. spud industry MEXICO CITY — A Mex- ican federal court has made an unusual ruling that bans the importation of fresh U.S. po- tatoes to most of Mexico on the grounds the imports vio- late Mexicans’ right to food “sovereignty” and a healthy environment. A group of Mexican pota- to growers had sought a con- stitutional injunction against the imports, claiming they threaten to spread agricultur- al diseases from the U.S. to Mexico. John Keeling, executive vice president and CEO of National Potato Council, which represents U.S. pota- to growers in Washington, D.C., said NPC’s legal team has concluded the ruling will not change the status quo, which allows the importa- tion of U.S. potatoes within a 26-kilometer zone from the country’s border with the U.S. Keeling said in a press re- lease the judge’s ruling will likely be appealed by parties involved in the case, includ- ing Mexico’s plant health regulatory authority, SAG- ARPA. U.S. potato growers have shipped within 26 kilometers of the Mexican border since 2003, when the countries signed a bilateral agreement. The agreement entitled LEGAL CITY OF SALEM, OREGON CONTRACTS & PROCUREMENT FOR BIOSOLIDS STORAGE AND REUSE SERVICE - RFP#178085 The City of Salem, hereinafter referred to as “City”, is seeking proposals for potential biosolids storage locations. This will provide a local option for the City’s biosolids to be stored during the wet winter months and then applied as a fertilizer and soil amendment during the summer months. The City will receive sealed proposals at the Office of the Contracts and Procurement, 555 Liberty Street SE, Room 330, Salem Oregon 97301, until, but not after 4:00 p.m. (LOCAL TIME), September 1, 2017. Prospective Proposers may obtain these solicitation documents by registering on the Oregon Procurement Information Network (ORPIN) website and downloading them. Proposers shall consult the ORPIN system regularly until closing date and time to avoid missing any notices. To register on ORPIN go to http://orpin.oregon.gov/open.dll/welcome. The City shall advertise all Addenda on ORPIN. Prospective proposers are solely responsible for checking ORPIN to determine whether or not any Addenda have been issued. RFP documents will not be mailed to prospective proposers. HUMAN RIGHTS: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non- discrimination laws. The City’s complete Title VI Plan may be viewed at www.cityofsalem.net. Successful Proposer agrees to comply with all applicable requirements of federal, state and local civil rights and rehabilitation statutes, rules and regulations if awarded a contract by the City. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. The City is an Equal Employment Opportunity Employer. The City will provide ADA accommodations upon request to the Contracts & Procurement Manager. FIRST DATE OF SOLICITATION: August 8, 2017 32-2/#T1D the U.S. to expand its access to all of Mexico but the ex- panded access was short- lived, as Mexican growers quickly challenged it in court. Keeling said in the NPC press release that USDA, SAGARPA and a third-par- ty group of experts have all concluded there would be no risks posed by the expand- ed importation of fresh U.S. spuds. “The U.S. potato indus- try is confident that a more thorough review of the facts of this case and the acknowl- edgment of established phy- tosanitary practices by the judicial system in Mexico will alter the outcome of this decision,” Keeling said in the press release. The court said Mexican agricultural authorities had failed to use methods such as radiation treatment of im- ports to prevent possibly dis- eases. But because federal in- junctions are intended only to protect constitutional rights, the ruling had to break some new ground. The court ruled the ban must be implemented to preserve Mexicans’ collec- tive rights to “preserve food sovereignty and the health of Mexican crop fields.” The agriculture depart- ment had no immediate com- ment on the ruling. Jayson Korthius/WFF A northwest Washington farmer works on a field at a dairy near Scott Ditch in Whatcom County. Farmer-led watershed improve- Water Program, said live- stock, horses, pets, wildlife and septic tanks all contribute to the problem, but their rel- ative contributions have not been ranked. “I’ll be interested to see what the results are and see how we can all benefit from the study,” she said. “If it’s go- ing to help better identify how to really make water-quality improvements, that’s going to be useful for sure.” Oostra said there is no guarantee the research will precisely differentiate fecal coliform sources. It’s established practice to test water for a specific source of DNA — a particular fish, for example, he said. But this research will try to develop profiles for everything in the ditch, Oostra said. “It’s going to be so much information,” he said. From a scientific stand- point, “the worst-case scenar- io is you can’t blame anybody because everything looks the same,” he said. “We don’t think that’s going to happen.” Oostra said he hopes to have some results to report in three months. Jeffrey James of the Lum- mi Indian Business Council said the project could yield information beneficial to the tribe. South Lynden Watershed Improvement District Presi- dent Ed Blok, a dairy farmer, said the tests will point out everybody’s “bacterial foot- print,” including migratory waterfowl. “The large flocks of swans, geese and ducks turn grass fields to mud and, of course leave their waste behind,” he said in a written statement. “Cow manure on the other hand has to be carefully con- tained and managed.” Traps set west of Portland overflow with Japanese beetles By ERIC MORTENSON Capital Press Traps set in conjunction with an Oregon Department of Agriculture eradica- tion campaign in the Port- land area caught a stunning LEGAL NOTICE OF SALE On Tuesday, August 22, 2017 at 11:00 a.m. Pacific Daylight Time, Papé Machinery will offer for sale, to the highest bidder, all, but not part of, the following equipment: One (1) John Deere baler model 385, Serial Number: E00385X968317. The sale will be open to the public and bids will be received orally. Terms of sale are 25% cash payment upon acceptance of the bid with the balance payable within 48 hours. The equipment will be held pending receipt of the full bid price and is sold AS IS - WHERE IS - AND WITH ALL FAULTS condition, with no representations or warrantees as to fitness for any particular application whatsoever and may be examined at 7101 Old Highway 99N, Roseburg, OR 97470. Papé Machinery, Inc. reserves the right to bid on the equipment and the right to reject any one or all of the bids received. PAPÉ MACHINERY, INC. 541-673-7567 32-3/#4 12,000 Japanese beetles, an invasive pest that can cause major damage to home gar- dens and to nursery, vege- table, vineyard and orchard crops. A department official has- tened to say the heavy count — only 372 were caught last year and that was enough to trigger the eradication effort — doesn’t mean the cam- paign didn’t work. This past spring, depart- ment contractors treated the grounds of about 2,400 res- idences on 1,000 acres west of Portland with a granu- LEGAL PURSUANT TO ORS CHAPTER 87 Notice is hereby given that the following vehicle will be sold, for cash to the highest bidder, on 8/30/2017. The sale will be held at 10:00am by ELITE AUTO SERVICE 930 COMMERCIAL ST NE, SALEM, OR 2005 BMW 7451 VIN = WBAGN63575DS59818 Amount due on lien $2,300 Reputed owner(s) LAYNE CURTHS MICHAEL STEELE KEYBANK NA SALEM MOTORSPORTS INC Legal-31-2-3/#4 Wire and staff reports Six farmer-led watershed improvement districts in dairy-rich Whatcom County in northwest Washington have hired a laboratory to conduct unprecedented research to pinpoint who or what is to blame for fecal pollution fouling downstream shellfish beds. The question is fraught with legal and political impli- cations for dairies, which have been subjected to increased regulations and threats of lawsuits, but note other sourc- es of fecal matter, such as the thousands of ducks, geese and swans that use their fields. “I’ve let farmers know, ‘This could point the finger at you.’ That could happen,” said microbiologist Kent Oos- tra, owner of Exact Scientific Services of Ferndale, Wash. The watershed districts, public bodies organized by farmers, have pooled $18,000 to fund the research. The pi- lot project could be the fore- runner of larger state-funded projects to identify spe- cies-specific sources of fecal coliform. Oostra’s laboratory this month plans to begin testing the DNA in bacteria drawn from Scott Ditch, which drains farmland, residential areas and a small wildlife refuge south of Lynden. The ditch runs into the Nooksack River, which empties into Portage Bay, where fecal co- liform has closed Lummi In- dian shellfish beds. Fred Likkel, a water con- sultant to the districts, said he believes dairies have been disproportionately blamed for pollution, but that the DNA project is meant to find prob- lems, not vindicate farmers. “We’ve been really open that this is a tool to find out what the issues are and to deal with them, regardless of what or who they are,” said Likkel, executive director of What- com Family Farmers. Andrea Hood, coordinator of the state’s Whatcom Clean lar form of the insecticide Acelepryn. Adult beetles laying eggs this summer weren’t harmed, but grubs that hatch in the treated ar- eas will ingest the insecti- cide and die, interrupting the generational cycle. The ag department planned five years of annual treatments, a pattern that has worked in other states. Clint Burfitt, who is in charge of the treatment pro- gram, said the insecticide tar- gets beetles at their most vul- nerable life stage but is not hazardous to pets or people. In a department news re- lease, Burfitt acknowledged the trap count was higher than expected but said the traps are providing good in- formation. “The good news is that the bulk of the catches are centered in the middle of our treatment zone, so there is a well-defined epicenter for this infestation,” he said in a prepared statement. When the traps are removed this fall, the department will ana- lyze data and plan next year’s eradication work, he said. Based on past experience, Burfitt expects the number of beetles trapped to de- crease 90 percent each year. He predicted the count will drop to more than 1,000 next year, and to single digits by the fifth year. About 2 percent of the beetles were found in traps set outside the treatment zone, Burfitt speculated that beetles traveled with yard clippings and landscape debris or hitchhiked on ve- hicles. To counter that, the department, Washington County Solid Waste & Recy- cling and Metro, the regional government, have asked res- idents to put grass clippings in curbside containers. Garbage haulers take it to a Hillsboro landfill for deep burial. At the same time, the agencies asked landscaping companies to take debris to a quarantined drop site in the area.
