Image provided by: Morrow County Museum; Heppner, OR
About Heppner gazette-times. (Heppner, Or.) 1925-current | View Entire Issue (Nov. 17, 1993)
D E s 3 I E U ÖF '• F W E T 2 F L i First Interstate Bank files lawsuit against Miller & Sons and Shears ORE 3 P A P £ R E u 3 - W t Oh L I 3 97 * o 3 First Interstate Bank of Oregon has filed a lawsuit against Miller and Sons Construction, Thomas and Ruby Shear and RMR Con struction Services, Inc., in con nection with a gasoline leak dur ing the 1991 excavation of the U.S. Forest Service building in Heppner. The Shears, Eugene, are the owners of the building, which is leased by the Forest Service and is located across the street from the First Interstate Bank. Ruby Shear is the daughter of Roice and Betty Fulleton, who at one time operated a gas station at the site. M iller and Sons were employed by the Shears for ex cavation work. RMR Construc tion is no longer in business. Apparently a gasoline tank, of which the Shears and Miller and Sons were unaware, was damag ed during excavation. First Interstate Bank is seeking $700,000 in damages from each defendant and attorneys’ fees. According to the suit, filed at the Morrow County Courthouse, First Interstate is suing for liabili ty, trespass and nuisance. First Interstate claims that the defendants “ trespassed” on the First Interstate property by “ causing an intrusion of gasoline onto the plaintiffs property.” First Interstate also claims that the nuisance consisted o f “ substantial in terferen ce’’ withtheir “ use and enjoyment of their property by the defendants’ release of gasoline from Shears’ property onto the First Interstate property.” “ The seepage m entioned above,” continued the claim, has created harm to the health and comfort of ordinary persons oc cupying plaintiffs property and has thus resulted in an increasing interference with the plaintiffs use and enjoyment of the plain tiffs property.” The suit alleges that the defen dants caused the gasoline seepage by their own negligence by: -taking inadequate steps to pre vent against a gasoline leak dur ing removal of tanks on the defendant’s property; -puncturing a gasoline tank on the defendant’s property during removal; -taking no steps to abate gas seepage once it was discovered during removal of the tank on the defendant’s property; and -taking inadequate steps to guard against a release o f gas from the defendant’s property on to the p la in tiffs adjoining property. First Interstate is represented by Martin E. Hansen, with Kar- nopp, Petersen, Noteboom, Hubei, Hansen and Arnett, Bend attorneys. Joe Miller, doing business as Miller and Sons Construction had no attorney at presstime Nov. 16. School bond estimates reach over 19 million VOL. 112 NO. 46 8 Pages Wednesday, November 17, 1993 Estimated costs for a bond issue to fund construction and repairs at M orrow County schools have increased from $16 million to over $19 million, ac cording to figures released by M orrow County School superintendent Chuck Starr at the Nov. 15 school board meeting. Morrow County Heppner, Oregon Estimates include: -$1,593,490 at A.C. Houghton Elementary School, Irrigon, for sitework, demolition, construc tion, rem odeling and tors do not like to have their miscellaneous repairs and other salaries made public. The medical items; fund, however, is tax supported $1,778,190 at Columbia Junior and finances open to the public High School, Irrigon, for knowledge. Erich said, that the sitework and demolition, new dental offices are expected to be class construction, locker room self supporting. construction and wheelchair lift, The Medical Fund is purchas plus other miscellaneous items ing the Boardman Dental Office,, and repairs; which includes real estate and -$381,890 at Heppner High some equipment for $84,000. School for a wheelchair lift, The fund is purchasing the Hepp remodeling of the stage area, con ner Dental practice, which in struction of a greenhouse, plus cludes equipment, but no real other miscellaneous items and estate, for $70,000 and is in the repairs; process of negotiating a lease -$3,922,340 at Heppner from First Interstate Bank for the Elementary/Middle School for a Heppner office, Erich said. chair lift, dem olition and Plans are to computerize the rebuilding of new gym, art room, dental clinics’ billing systems. music room and cafeteria, a new Eirch said that the rates would re boiler and other miscellaneous main the same. items and repairs; Heppner’s dental office hours $225,350 at lone Elementary are now Monday and Wednesday School for a barrier free elevator from 9 a.m. to 5 p.m ., but may and miscellaneous items and be increased said Smith. Dentist hired to serve entire county The Morrow County Medical Fund has signed a contract with a dentist who will serve both the north and south ends of Morrow County. T. Blair Smith, 43, began work on Monday, Nov. 15, at the Heppner Dental office, formerly owned by dentists Jim and Frank Allen. The Allens plan to move their practice to Idaho. With the departure of the Allens, the coun ty would have been without a dentist. W.P. Sharkey, who had a dental office in Boardman and Hermiston, closed his Boardman operation around the first of the year. The Boardman dental office is located east of the Boardman Health Care Center on southwest Kincade. Smith is most recently from San Diego whee he has worked as an associate dentist for the past two years. He was born in Richland, WA. but his family moved to Sacramento, CA., Palos Verdes, CA and then to Las Vegas, NV, where he graduated from high school. After the death of his father, Smith moved to Pendleton to live with his uncle. While at Pendleton he attended Blue Mountain Community Col lege. He transferred to the U niversity o f O regon and graduated from there in 1973 with a bachelor of science degree in science. He graduated from the Oregon Health Sciences School of Dentistry in 1976. After graduation he entered the Navy. He had earlier enlisted in- the naval reserve and deferred his service until after dentistry school. After four years in the Navy, Smith entered into private prac tice at San Diego. In 1987, he and his wife Karen began missionary work through the Living Way Church. They and their son Patrick, who was then a year and a half, spent three and a half years in Lima, Peru and five months in Mexico. Smith learned of the opening in Morrow County through a friend who works at Pioneer Memorial H ospital, Russ D emaniew. Demaniew’s wife and Karen Smith were girlhood friends. The Smith family has other ties to the area-K aren’s brother, Larry Booth, is the pastor of the New Hope Christian Center in Pendleton. Smith's mother and sister both live in Portland. Smith says that the main goal is to provide good dentistry for the entire county. He says the of fice may increase staff to make the operation more efficient and hopes to eventually hire a dental hygienist. » « T. Blair Smith Pioneer Memorial Hospital ad ministrator Kevin Erich would not reveal the financial terms of the Medical Fund’s five-year con tract with Dr. Smith, which, he says, is in the final stages of negotiation. Erich added that doc- City receives awards The city of Heppner was the recipient of two awards at the League of Oregon Cities Conven tion held in Eugene recently. The first aw ard is the prestigious “ 1993 Cities Award for Excellence” , which is given in recognition of outstanding ci ty programs that reduce the cost of government, improve the quality of life of the community and increase the quality of municipal services. The league presented the award to Heppner for the city hall autom ation and dow ntow n renovation project. The two-part project, which was initiated near ly three years ago by the Vision 2000 Committee, has resulted in the renovation o f several downtown buildings and funding for a computer automation at ci ty hall. “ The league found the pro gram an innovative way to im prove the city’s financial and management systems while pro viding a great example of how local government and businesses can work together,” city manager Gary Marks said. “ The award is really a tribute to all the businesses that have participated in the program and especially to the Bank of Eastern Oregon for developing the loan program that has funded several of the renova tion projects.” The second aw ard was presented to the city by the League of Oregon Cities and the City/County Insurance Services Trust for recording no on-the-job injuries for the fiscal year ended June 30. “ I ’m real proud that our workers were able to receive this award,” Marks said. “ Accidents happen so quick and can cost a great deal in pain and suffering, higher insurance rates and lost worktime. It speaks very well of our employees and our safety program that we realized no ac cidents.” Marks said this is the second year Heppner has earned this recognition. Artifactory tables still available Tables are still available for the Artifactory Dec. 4 held at the Morrow County fair pavilion in Heppner. Those wishing to reserve a table should contact Vi Wilgers, 989-8309. T ickets are on sale for Christmas tree decorations which are displayed in the window at Heppner TV and a gift certificate for a live Christmas tree. Tickets are 50 cents or three for $1 and may be purchased at Heppner TV, the Artifactory or from a Soroptimist member. The draw ing will be held at during the Ar tifactory Dec. 4. repairs; -$400,640 at lone High School for miscellaneous items and repairs; -$4,954,690 at Riverside High School, Boardman for sitework and demolition, new classroom construction, gymnasium and wrestling area, corridor and lob by, lockers and weight room, auditorium and platform , restrooms and remodeling; and other miscellaneous items and repairs; $1,329,690 at Sam Boardman Elementary School, Boardman, for sitework and demolition, new classroom construction and remodeling; and miscellaneous items and repairs; -$61,500 for the district office for replacement of floor tiles, in stalling a chair lift to the first floor, roofing the gym (storage area) and adding recycle bins; and $1,080,000 district-wide for w iring and equipm ent for technology/communication up date and copy machine updates. Additional monies are required for design, fees, contingency and the cost of issuance of the bond. The board heard comments from the audience concerning op tions for the Irrigon and Board- man schools. Irrigon students are now bused to Boardman for high school and Boardman students are bused to Irrigon for Junior High School. Some favored adding on more classrooms to accommodate growth in the north end schools and leaving the high school in Boardman and the ju n io r high/middle school in Irrigon. They expressed concern that if the schools in Irrigon and Board- man are remodeled to accom modate students in seventh through 12th grades the younger students would not fare as well in such close proximity to high school students. Those advocating seventh through 12th grades at both Ir rigon and Boardman, said that a student is better off attending a school in his own community and cited a sense of community pride that does not exist if students are bused out of their home towns. Starr said that if the board was to look at a seventh to 12th grade schools in the northf end, they would also have to look at the same situation in Heppner. lone schools already have that arrangement. Others voiced concerns about curriculum in smaller schools and the length of time the students spend riding the bus. Sewer project Earl Woods to run for D.A. Woods has eight years of ex to begin soon perience as a prosecutor and is The Heppner City Council heard a report Monday night Nov. 15, that the long awaited sewer system improvement pro ject would be under construction by early December. City manager Gary Marks reported that the city’s tentative construction bid aw ard to Michael Becker, general contrac tor, of LaGrande had been ap proved by the C orps o f Engineers • and DEQ. Marks also reported that the construction agreement, bond forms and cer tificates of insurance had been delivered to the contractor for completion. A ground breaking ceremony for the project is scheduled for Monday, Dec. 6 at 1 p.m. at the sewer treatment plant. Construction will begin within a few days after the ground breaking. Marks reported that final ap proval of a supplemental financ ing package for the project pro vided by the Oregon Economic D evelopm ent D epartm ent (OEDD) was imminent. He said the previously approved $300,000 OEDD grant/loan package would be expanded to $470.000. “ The OEDD money is making the project possible,” Marks said. “ If the city had to use traditional bond financing to raise the same level of funding, we would have to raise sewer rates by $5.11/month. Thankfully we won’t have to do that." Earl R. Woods, Jr. Earl R. Woods, Jr., has an nounced that on November 3 he filed for election as the district at torney for Morrow County. Woods currently holds that posi tion having been appointed after Jeff Wallace was elected as a district court judge. endorsed for election as district attorney by Roy Drago, Morrow County Sheriff, Doug Rathbun, Heppner Chief of Police, and Greg Sayles, Boardman Chief of Police. Woods was a private practicing lawyer for 12 years and served as a deputy sheriff for two years. He is a major in the Oregon National Guard, serving as a battalion commander and is a former special forces volunteer, when he served as an enlisted man. W oods’ wife, Gail, is a registerd nurse. They live in the county just south of Boardman and have two children attending Riverside High School. Currently , Woods is in the process of forming an election committee, which to date in cludes: Lee Docken and John G race o f Boardm an, Tom McElligott and Pauline Winter, Heppner. treasurer Val Doherty, Lexington and Deane Seeger of Irrigon. County fair earns gold medal The Morrow County Fair has received a gold medal for its 1993 fair from the Oregon State Fair Commission, reports LaRae Kin dle, Morrow County Fair com mittee member. Kindle said that the commis sion remarked on the Morrow County Fair's outstanding floral display, demonstrations, enter tainment and entries. Comments ' V • * * ' • included that the local fair was a “ great small county fair with lots of flair, great people and lots of improvements.” The fair earned 970 points, the highest received so far. Kindle said that the fair earned $17,500 from the state last year and is ex pected to earn around the same this year. However, this is the last year the county will receive state money, because of budget cuts.
