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About Sandy post. (Sandy, Oregon) 1938-current | View Entire Issue (June 10, 1982)
Section SANDY. OREGON THURSDAY, JUNE 10 1982 The People Home & Garden Features Area News Realty company included in $210,000 lawsuit by M IC H A EL P JONES Port Correspondent Bucher Realty has been added as a third-party defendant in the 1210.06« multiple-plaintiff suit against the owners of the Bowman's Mt. Hood Resort and the developer of its sub division A m eric an G u a ra n ty L ife In surance Company and Rippling River developer Carl Bright of Welches are being sued by five in dividuals and two Oregon corpora tions for alleged misrepresentations made about sewer assessments as they pertain to lots sold at the Rippl mg River development The complaint, filed in circuit court in Multnomah County on F eb ru ary 12, 1981. is claim ing damages for unlawful trade prac tices and fraud ” The individual plaintiffs in the case include Edward B Lilly , who is seek ing 126.860 in damages. Dale C. Kresge of Brookpark Investment Co., who is seeking «28,532 in damages, William J Harris, who is seeking «33.529 in damages. John Bushman of J B Properties, who is seeking «30.030, and William Bushman of Style Profile Homes Co , who is seek ing «28.359 in damages Corporate plaintiffs are Hartco Properties Inc , seeking «28.860 in damages, and Brookpark Homes Inc , seeking «8,448 in damages. Plaintiffs are seeking the cost of the assessment on their property and punitive damages, as well as at torneys' fees The land sales were made in the years 1977 and 1978 while represen- tatives of C lackam as County’s utilities division, of the Department of Environmental Services, attemp ted to get a federal grant to pay for a sewage treatment plant. In a telephone interview last week John R Bakkensen, one of the at torneys representing the plaintiffs, said that his clients were told they would be buying into a ’’full service” subdivision and the only cost was the purchase of a «25,000 to «30,000 lot. Bakkensen said the plaintiffs were told that the new sewer plant was go ing to be constructed with money secured from a (pderal grant, and they would only be paying a hook up fee of about «400 "They had no idea they were going to be assessed for the cost of the sewer,” said Bakkensen Bakkensen said American Guaran ty and Bright are claiming the full coat of the suit should be borne by Bucher Realty, which was acting as their sales representative. On the other hand, said Bakkensen, Bucher Realty is claiming that its sales people were only repeating what Bright had told them in regard to the new sewege treatment plant and assessments They are claiming that American Guaranty and its developer, Bright, should be held accountable, not them Earlier this year, said Bakkensen, American Guaranty and Bright brought Bucher Realty into the suit as a third party defendant. The attorney for Bucher Realty was not available for comment. The trial date has been set for Oc tober 11. Plans at Brightwood Glen include 347 units on 93 acres by M IC H A EL P. JONES Poat Correspondent The third planned unit develop ment proposed for the Cedar Ridge area near Brightwood has officially been unveiled by the p ro ject’s engineers, Boatwright Engineering of Salem The proposed subdivision, known as "Brightwood G len,” is owned by the Real Estate Loan Fund of Oregon Ltd., a subsidiary of the Mortgage Bancorporation of Salem Proposed for 93 acres located south of Highway 26 between Blue Jay (just east of the Salmon River bridge) and M iller Road, is 347 units. Also proposed for the complex are four tennis courts, tw practice put ting greens, four horseshoe pits, pedestrian walkways and two deten tion ponds P r e lim in a r y p la n s fo r the Brightwood Glen development have been complete for close to a year now, but the developers w ere awaiting approval of the county’s comprehensive plan by the state Land Conservation and Development Commission The development is to be located in the Cedar Ridge area, a large wood ed tract of land which has been amidst public controversy for nearly ten years Area residents, as well as com m u n ity g ro u p s, had opposed developments in this area, fearing there would be degradation of habitat for wildlife and birds, and the destruction of what biologists from the state Department of Fish and Wildlife have identified as an impor tant winter range for deer In addition, it is feared the develop ment of the Cedar Ridge area will severely im p ac t the w etlands reportedly in the area, as well as af fect the water quality of the Salmon River. Each of these claims, according to reports of the developers, are un founded. In the preliminary environmental assessment statem ent (E .A .S .) prepared by the developers, they took issue with the fish and wildlife department’s claim that the propos ed subdivision would destroy a winter deer range. The Brightwood Glen project area, a c c o rd in g to the d e v e lo p e rs preliminary E.A.S., is only a “ very lim ited big game summer tim e habitat.” The E.A.S. reports the area is not a unique or significant habitat for wildlife, nor does it provide a nesting area for birds. The developers acknowledged that the proposed development area does provide a food source for wildlife but claim that it does not provide a water source P ast re p o rts co n d u cted by biologists of the fish and wildlife department contradicts the E.A.S. findings, and is steadfast against development in the area. Comments on Brightwood Glen have been sent out to citizen planning organizations that are located in close proximity of the proposed development, as well as to public agencies the planning staff has deter mined would be impacted. The county has set June 16 as a deadline for comments on the project and will include the responses in a staff report that will be submitted when the project goes before a hear ings officer for a conditional use per mit. The hearing for the Brightwood Glen’s development conditional use permit had not been set by press time. Groups prepare, hearings near on June 14 Mt. Hood plan by M IC H A E L P. JONES Post Correspondent NO PARKING they could conduct a study of all wetlands, especially when combin the property to be affected. ed with limitation on locations of The commissioners denied the septic tanks and drainfields and Mt. Hood residents and citizen request and so the revisions, as the provisions of the Zoning Or planning organizations, as well as drafted by the planning staff, will dinance Section 1002.6,” wrote other groups in the corridor, are be scrutinized in three public hear Stevenson. gearing up for the June 14 hearing ings. Beth B aker expressed her before the Clackamas County plan Wetland Concerns dissatisfaction with the response ning commission concerning revi The Environmental Committee and said the RNG "wishes they sions to area’s 1976 plan. On Suitability, the Mountain Area (the county) would adhere to the The Sane Economic Develop Corridor Citizens, and the RNG, 1976 plan, which really granted ment Association (SED A ), along have raised concerns both over the protection to wetlands.” w ith th e R h o d o d e n d ro n protection of wetlands and their “The county still hasn’t gotten Neighborhood Group and the Mt. designations the message that we don’t want Hood Corridor CPO, has criticized ECOS and MACC are objecting less or reduced building on our the proposed changes, which con to the county a llo w in g the wetland, we want no development denses the 220-page community developments of three subdivisions on th em ," said Beth Baker. plan into 13 pages, which is accom in an undeveloped section of the "Building would only down-grade panied by three maps Cedar R id g e a re a near them.” Once approved by the planning Brightwood, which would allow the In previous letters to the county, commission and adopted by the construction of 192 mobile homes the RNG claims “ the function of board of county commissioners, and an e s tim a te d 750 co n wetlands or riparian systems is of the 13 pages will become an adden dominiums on 600 acres. v ita l im p o rta n ta n c e to the dum to the county's comprehen Such developments, according to maintenance of water quality and sive plan MACC Treasurer Andrea Cabral of purity in our w ater systems, Down Zoning Objected To Brightwood, would be detrimental whether they are of surface or sub SEDA objects to the elimination to both the wetlands located in the surface origin.” of the community plan, which the area and impact the quality of These riparian systems, accor county planning staff says will water in the Sandy and Salmon ding to the Bakers, act as sponges become "a background report” for Rivers. or strainers and work to improve proposed revisions SEDA claims Cabral said that both MACC and water quality, especially in the it will greatly reduce the number ECOS are recommending the coun Rhododendron area where the of developable units per acre out ty protect the Cedar Ridge area wetland is situated between Henry side the urban growth boundary. through proper zoning that would and Meadow Creeks. The planning staff has proposed conform to the state’s planning Any dislocation or disturbance of to “ down zone” areas they claim goals, which require such natural these areas, said the Bakers, or of should be left for farm or forest resources be protected the adjacent areas that may ap uses They propose the zoning go Beth and Jack Baker of the RNG pear to be dry, would result in the from one unit per five acres to one said that the CPO has been unsuc destruction of the riparian system. per forty. Such a move would con cessfully trying to get the planning The position the RNG has taken, form to the state’s land use goals, d e p a rtm e n t to once a g a in said Beth Raker, is to leave the which the county has been unable acknowledge and protect, through original community plan intact. to meet in past planning efforts. zoning, a 30-acre wetland located That would protect not only Earlier this year they proposed in the town of Rhododendron. Rhododendron’s wetland, but also (he down zoning for this area to be The Bakers said that the county the estimated 33 yet undesignated one unit per forty acres. However, had ignored the letters the RNG wetlands (or riparian systems) after complaints by some of the sent to them requesting that this that exist in the corridor, ex property owners to be affected by wetland be recognized as it was in cluding those existing within the the new land designations, they the 1976 plan service district. reduced the acreage. Ardis Stevenson, assistant direc " It stated very well in the (1976) Wes Post, one of the organizers tor of the department of en plan wetlands shall not be disturb of SEDA, pointed out the 197« plan vironmental services, wrote the ed or developed,” said Jack Baket. had the area zoned at one unit per RNG on M ay 26 and attempted to " T h a t ’s w hat protection we five acres. He said people had ease the organization's fears thought we had.” planned on this, and that it is Stevenson wrote that the plann something people can Uve with. ing staff is aware of the wetlands Public Hearing Schedule With the planning staff's propos existence and said that it “ will be The hearing before the planning ed revisions, Poet said that proper included in the background report, commission will be held on Mon ty owners can no longer carry out which is adopted with the Mt. Hood day, June 14, at 7:30 p m at the their plans He said people's rights Community Plan.” Hoodland Women’s Club in Zigzag. would be violated. “ For this rural area a larger On Wednesday. July 7, the com SEDA representatives, in May, 5-acre minimum lot size is propos missioners will conduct two public sent a letter to the commissioners ed hearings, also at the Women's requesting an additional six mon "The County feels these non Club They are scheduled for 2 and ths before the public hearing so urban lot rises protect non-urban 7 p m, (y **» « " of Teton Village. Wyo.. was charged with careless driving on a runaway truck ramp on Highway 26 late Saturday afternoon according to the Clackamas County s h e riff, department. IM was » . . „ .c d for the offense. Alpine Towing of Rhododendron prepares to pull the car out. County sets value of timber, trial date awaited by logger by M IC H A EL P. JONES Post Correspondent The Clackamas County office of county counsel is awaiting a trial date for a «1,860,000 civil suit against a former Mt. Hood logger who was recently indicted by a federal grand jury for timber theft. Tim McCoy Henderson, 46, of Gresham, has been charged with three counts of theft after allegedly taking 677,000 board feet of timber from Bureau of Land Management and Forest Service lands near Brightwood and Zig Zag The thefts are believed to have been commit- teed between November 1979 and early October 1980 The county is seeking c iv il damages from Henderson for con ducting an illegal logging operation on its land prior to or during the same time he is accused of taking federal timber. T he c o m p la in t charges th a t Henderson "w illfully and intentional ly” removed 1,233,000 board feet of salable softwoods from its lands along North Boulder Creek, about two miles south of Highway 26 near Brightwood. The missing 330,000 board feet of BLM timber was taken from an estimated 15 to 20 acres of land the agency administers along Boulder Creek, which is next to county land. Also named in the suit is Hender son’s wife, Darlene, who is listed as one of the owners and operators of Henderson Forest Products. The suit also seeks damages from C ascade T im b e r C om pany of Tacoma, Wash , and two of its of ficers. The county claims company Presi dent Gary G. Garrison, and Vice President Clifford T. Frederickson, were acting within the scope of their authority for the company when they accepted the allegedly-stolen timber from Henderson Assistant County Counsel Cythia Phillips said Henderson and his logg ing crew are accused of entering land administered by the county during the period of time between January 15, 1979, through September 9, 1980, and cutting and carrying away Douglas fir and hemlock with a market value of «370,000 Henderson reportedly entered county property through adjacent lands, then owned by Cascade Timber Company. Circuit court records show on March 9, 1981, in a cross-claim mo tion filed by Cascade Timber and its two officers, that the company had entered into a contract with Hender son to log timber from their land That was on January 28, 1980. The county’s suit, however, alleges that Henderson illegally removed timber from its land beginning on Nov. 15, 1979. If the timber cutting began on this date it would have oc curred 73 days prior to the signing of the Cascade Timber contract. In a motion filed on February 4, 1981, by Cascade Timber in an a t tem p t to have G a rris o n and Frederickson dismissed as defen dants, another contradictory date was given as the time the alleged theft of county timber began This date is November 21, 1979 A search of deeds in the county recorder’s office shows that on November 20, 1979. Cascade Timber purchased the Boulder In R h odo de ndron Gallery owner sets new pace by M IC H A EL P. JONES Post Correspondent A former Hollywood screenwrit and advertising executive who tir of the fast pace of city life will op an art gallery in Rhododendron June 20. Sharon Smith, formerly of Lal Oswego, is opening the "Glaci G allery,” which she says will featu the “very high quality artwork" Northwestern artists Smith's gallery, which is locaU next to the Rhododendron post offic is currently being remodeled to a :ommodate “ unique" painting iculptures. ceramics and weavinf >y some of the best artists in the No hwest. The gallery is a three-way partne ihip between Smith and Chariot! Ichwartz, the manager for Kelly Sei 'ices for Oregon and southwester Washington, and Donna Briuati, olar contractor. No Newcomer Smith said that she Is no newcome to the mountain She first came here lege and earned a degree in liberal when she was 12 years old to take ad arts, but wanted to get into advertis vantage of the area's si J oppor ing However, she quickly learned tunities that Portland wasn't about to give In the fall of 1955 she and a group her a chance so she headed for Los individuals staying at a cabin near Angeles, where she ended up at NBC the Kiwanis Camp became trapped as a screenwriter by the Zig Zag fire, which was burn Smith wrote for such shows as ing out of control. In less than 40 "Queen For A Day" as well as work hours it had consumed 1,750 acres ing on “formula flicks" for teenage They stayed three days and pro audiences tected a cluster of cabins with water She and two other writers turned buckets and wet gunnysacks before out one screenplay a week, with the they were evacuated topic dealing with themes such as Smith said she selected the area beach parties and hotrods She said because of her love of the mountains they "sold like hotcakes.” and because she "didn’t want a big city gallery .” However, as time flew by she From Screenwriter To Ad Exec began to miss Oregon and decided If Smith grew up in Milwaukie and at she was going to break Into the tended Catlin Gabel, a private school advertising field she’d better start located in the West Hills of Portland. right away So while she churned out It was there, she said, that she first television and movie scripts she went became interested in art Her art to work for an advertising agency teacher was Mabel Griffin, who is writing commercials for White King currently retired and living in Soap and Planter Peanuts Rhododendron She attended Lewis and Clark Col Please tern to Page 3.
