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Shelton Mason County Journal
Shelton, Washington
March 29, 2007     Shelton Mason County Journal
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March 29, 2007
 
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BELFAIR HERALD Serving Belfair -- Allyn -- Grapeview  Tahuya m Mason Lake -- South Shore -- Victor Thursday, March 29, 2007 Section of The Shelton-Mason County Journal Lawsuits still ongoing over Tahuya port By LIZ CASE The amount of litigation sur- rounding the former Port of Ta- huya, which officially ceased to exist on May 24 of last year, has sharply surged this spring. One recent suit filed by the Resi- dents for Preserving the Quality of Life on Hood Canal, a group headed by former port commissioner Brad Carey, seeks to overturn the port's dissolution. Another suit was filed against the Residents by the port, and a third, filed by Carey, his fa- ther Harold Carey, and Carol Lav- ender-Willison, seeks to reverse the transfer of the port's Menard's Landing park to the county. That's a lot of litigation for a Port whose total assets, at its de- Spise, were $180,000 in cash plus a Small remote park used mainly by locals and occasional boaters. THE PORT'S dissolution had first been agreed to in January 2006 by Mason County Superior Court Judge James Sawyer who allowed the port a period of 120 days to wind up its business before it was finally dissolved. That business included, among other things, a lawsuit for un- Specified damages filed against the port by Carey in regard to his Unfulfilled requests for disclosure of public documents. And this is where things get Complicated. The statutory pro- cess for dissolving a solvent port is different than that for an in- Solvent one, if Carey had won that case prior to dissolution and had also been awarded maximum damages, the port could have not only lost its cash reserves, but could have also been required to levy a tax against its residents to satisfy the judgment and possibly also sell the park at auction for the Same purpose. THE PORT was allowed to transfer the park to the owner- ship of Mason County by interlocal agreement and on May 24 Mason ChOUnty Superior Court Judge Toni eldon determined that it was in the best interests of the county's residents to proceed with dissolu- tion, even though the lawsuit and Several other matters remained Open. Carey responded by filing a motion with Superior Court for partial reconsideration of that de- cision on the basis that solvency had not been properly established. His motion was denied by Judge Sheldon in September and he then filed with the Washington State Court of Appeals for a discretion- ary review of the denial. HIS MOTION was granted on March 5 on the basis that while the port may have indeed been solvent in January 2006 the trial court (Mason County Superior Court) "committed probable error in entering its order dissolving the port without having made an express finding that the port was solvent in May 2006." At the time of this writing, the appeals court decision is still pend- ing. Another matter recently heard in court was Carey's superior court action requesting interrogatories and admissions from the former port commissioners as part of the discovery process in assembling information for his lawsuits. The lawyers for the former port filed a motion for a protective or- der against Carey and the Resi- dents, on the basis that the port, as an entity, cannot respond be- cause it no longer exists and that the Residents' discovery requests are "overly broad and unduly bur- densome." THE FORMER port had also filed against the Residents to com- pel discovery on several of Carey's video recordings of port meetings and also on the partial index of port records Carey had made be- fore the papers were turned over to the Washington State archivist. Those motions were heard in Superior Court on March 16 by Judge Sawyer, who upheld both of the former port's requests. Carey was quick to respond to that setback: On March 19 he was party to a suit filed against the former port and the county itself to set aside (reverse) the port's transfer of Menard's Landing to the county. THAT SUIT promises to be (Please turn to page 4.) At the school district: Peterson selected as new superintendent The North Mason School Dis- trict Board of Directors has se- lected David L. Peterson to be the district's next superintendent. Peterson, an assistant super- intendent at Oak Harbor School District on Whidbey Is- land, was the sole remaining candidate last week when he was chosen by the board at a Tuesday night meeting. Quillayute Valley School District Super- David intendent Frank Peterson Walter had withdrawn his name for personal reasons and Shelley K. Redinger, an executive director of teach- ing and learning at the Richland School District, accepted a super- intendent position at a district just outside of Portland, Oregon. The extensive search for a re- placement for Tom Kelly was led by consultant John Bohrnsen and included several public meetings and interviews before the field was On April 14: narrowed to five finalists and then three. PETERSON HAS a master's degree in special education from the University of Washington. Originally from Kelso, he began his teaching career at Garfield Elementary School in Olympia. School board president Glenn Landram noted that Peterson had a good visit to the district in which he was able to meet with students, faculty and staff before the final public interview. Peterson brings an impressive list of accomplishments with him into his new job. He notes that while at Oak Harbor he led the implementation of new gradua- tion requirements, brought con- tinuous quality improvement into the school improvement process, redesigned the alternative high school, improved services to ninth- and 10th-graders through smaller learning communities, initiated a coaching model in mathematics and redesigned remedial and gift- ed/talented services in 10 schools. In other school news, the board approved a six-period day for Hawkins Middle School and au- thorized an additional staff mem- ber there, necessary for the transi- tion to six periods. THE BOARD also passed a resolution requesting a waiver from the course and credit re- quirements that allows North Mason High School to offer two terms of study in the 90-minute block schedule format - each term being the equivalent of a full year of coursework per class. The state requires 150 hours per credit. This waiver reduces the requirement to 135 hours per credit, allowing the high school to continue offering four classes each term for a total of eight classes during the school year. Lastly, travel was approved by the board for Belfair Elementary School's Destination Teams to go to Wenatchee March 30-31 for a statewide competition and for the North Mason High School Key Club to go to the Pacific Northwest District Key Club Convention in Portland, Oregon, April 13-15. The next work-study session for the school board will be at 6:30 p.m. on Wednesday, April 11, in the district office. Spring break is next week, run- ning April 2-6. School buildings will all be closed; however, the dis- trict office will be open as usual. Voice to host forum on local health care By LIZ CASE Firm plans are under way for the Community Health Forum be- ing planned for 10 a.m. on Satur- day, April 14, at the Hawkins Mid- dle School Gymnasium. The forum is being sponsored by the North Mason Community Voice group. The forum will feature repre- sentatives from Harrison Hospital, Mason General Hospital and the Mason County Assessor's Office. The hot topic of discussion is expected to be the redistricting of Mason County's Public Hospital District Number 1, which pres- ently encompasses all of Mason County. That matter has been un- der discussion since early January, when hospital district commis- sioners had initially recommended to county commissioners that the North Mason area be removed from the hospital district. THE PROPOSED move was based on the fact that the vast majority of north-end residents al- ready go north into Kitsap County to receive their health care and also because the North Mason Medical Easter egg hunts, services will be hopping this year NORTH MASON youngsters will once again have plenty of opportunities to gather up Easter eggs this year. at noon and the first hunt at 1 p.m. The event will be held on the lawn at North Bay Mortgage, located at 23030 NE State Route 3, and will include a bouncy house, The days until Easter are hopping right along and The erald has gotten notice of three local community events for $Unday, April 8. * The local churches' annual aster Sunrise Community Service 11 be held this year at North ason Bible Church, located at 82 East Campus Drive just below the high school. The sunrise service will be held t 6:30 a.m. with a continental reakfast following. During the gular 9 a.m. and 11 a.m. services, e church will present a drama, No Name in the Street," depicting hat ordinary individuals in sus' Jerusalem might have l°Ugh about the events that took Place during the last Earthly week at'Jesus, life. The public is warmly Welcome at all of the events .ad may call 275-4555 for more trtformation. " Beginning at noon, the Hood anal Masonic Lodge will host its th annual Easter Dinner. The Went is open to the community d the menu will feature entrees Ofroast turkey and ham, as well as all the trimmings and dessert. Th.e lodge asks for donations of for adults and $4 for children and under. The lodge is located t 23341 NE State Route 3. For ore information about the event Call 372-2539 during early evening face painting, clowns, over 100 prizes, age-separated hunts for kids ages i to 12 and, of course, the Easter Bunny himself. For more information about this community celebration call 277-3282. hours. • The biggest North Mason event in the works is the 20th annual Community Easter Egg Hunt. The event is free of charge with the fun is scheduled to begin Clinic has been in a deficit-income situation for several years - due to residents who routinely seek health care elsewhere. It seemed sensible, the district thought, to stop collecting prop- erty taxes from homeowners who did not benefit from them and al- low the area to be picked up by an- other health-care entity. But the community response to that move convinced the hos- pital district directors to halt the process until more discussion had taken place. THIS HEALTH care forum is part of that discussion and its plans will include alternative dis- trict boundaries and input from other health-care entities (most notably Harrison Hospital). The forum will be moderated by Mi- chael Greene, the former chief of Belfair's Fire District 2, who will return to Belfair from Reno, Ne- vada, just for that purpose. It is also worth noting that the hospital district has expressed ev- ery intent, income loss not with- standing, to keep the North Ma- son Medical Clinic open and fully operating. For more information on the fo- rum contact the Voice group's Lee Swoboda by calling him at 275- 9241. Belfair kids make use of imaginations Parents are always on the look- out for programs or activities that will help their children learn to think more creatively or that will help the youngsters to discover and develop their talents. And the folks at Belfair Elementary School recently hit on just such an event. On Saturday, March 10, 50 teams from the Olympic Peninsu- la participated in the Destination ImagiNation creative problem- solving competition at Klahowya Secondary School. Each year's challenges range from very technical, with some performance involved, to primar- ily performance with some techni- (Please turn to page 4.) BELFAIR HERALD Serving Belfair -- Allyn -- Grapeview  Tahuya m Mason Lake -- South Shore -- Victor Thursday, March 29, 2007 Section of The Shelton-Mason County Journal Lawsuits still ongoing over Tahuya port By LIZ CASE The amount of litigation sur- rounding the former Port of Ta- huya, which officially ceased to exist on May 24 of last year, has sharply surged this spring. One recent suit filed by the Resi- dents for Preserving the Quality of Life on Hood Canal, a group headed by former port commissioner Brad Carey, seeks to overturn the port's dissolution. Another suit was filed against the Residents by the port, and a third, filed by Carey, his fa- ther Harold Carey, and Carol Lav- ender-Willison, seeks to reverse the transfer of the port's Menard's Landing park to the county. That's a lot of litigation for a Port whose total assets, at its de- Spise, were $180,000 in cash plus a Small remote park used mainly by locals and occasional boaters. THE PORT'S dissolution had first been agreed to in January 2006 by Mason County Superior Court Judge James Sawyer who allowed the port a period of 120 days to wind up its business before it was finally dissolved. That business included, among other things, a lawsuit for un- Specified damages filed against the port by Carey in regard to his Unfulfilled requests for disclosure of public documents. And this is where things get Complicated. The statutory pro- cess for dissolving a solvent port is different than that for an in- Solvent one, if Carey had won that case prior to dissolution and had also been awarded maximum damages, the port could have not only lost its cash reserves, but could have also been required to levy a tax against its residents to satisfy the judgment and possibly also sell the park at auction for the Same purpose. THE PORT was allowed to transfer the park to the owner- ship of Mason County by interlocal agreement and on May 24 Mason ChOUnty Superior Court Judge Toni eldon determined that it was in the best interests of the county's residents to proceed with dissolu- tion, even though the lawsuit and Several other matters remained Open. Carey responded by filing a motion with Superior Court for partial reconsideration of that de- cision on the basis that solvency had not been properly established. His motion was denied by Judge Sheldon in September and he then filed with the Washington State Court of Appeals for a discretion- ary review of the denial. HIS MOTION was granted on March 5 on the basis that while the port may have indeed been solvent in January 2006 the trial court (Mason County Superior Court) "committed probable error in entering its order dissolving the port without having made an express finding that the port was solvent in May 2006." At the time of this writing, the appeals court decision is still pend- ing. Another matter recently heard in court was Carey's superior court action requesting interrogatories and admissions from the former port commissioners as part of the discovery process in assembling information for his lawsuits. The lawyers for the former port filed a motion for a protective or- der against Carey and the Resi- dents, on the basis that the port, as an entity, cannot respond be- cause it no longer exists and that the Residents' discovery requests are "overly broad and unduly bur- densome." THE FORMER port had also filed against the Residents to com- pel discovery on several of Carey's video recordings of port meetings and also on the partial index of port records Carey had made be- fore the papers were turned over to the Washington State archivist. Those motions were heard in Superior Court on March 16 by Judge Sawyer, who upheld both of the former port's requests. Carey was quick to respond to that setback: On March 19 he was party to a suit filed against the former port and the county itself to set aside (reverse) the port's transfer of Menard's Landing to the county. THAT SUIT promises to be (Please turn to page 4.) At the school district: Peterson selected as new superintendent The North Mason School Dis- trict Board of Directors has se- lected David L. Peterson to be the district's next superintendent. Peterson, an assistant super- intendent at Oak Harbor School District on Whidbey Is- land, was the sole remaining candidate last week when he was chosen by the board at a Tuesday night meeting. Quillayute Valley School District Super- David intendent Frank Peterson Walter had withdrawn his name for personal reasons and Shelley K. Redinger, an executive director of teach- ing and learning at the Richland School District, accepted a super- intendent position at a district just outside of Portland, Oregon. The extensive search for a re- placement for Tom Kelly was led by consultant John Bohrnsen and included several public meetings and interviews before the field was On April 14: narrowed to five finalists and then three. PETERSON HAS a master's degree in special education from the University of Washington. Originally from Kelso, he began his teaching career at Garfield Elementary School in Olympia. School board president Glenn Landram noted that Peterson had a good visit to the district in which he was able to meet with students, faculty and staff before the final public interview. Peterson brings an impressive list of accomplishments with him into his new job. He notes that while at Oak Harbor he led the implementation of new gradua- tion requirements, brought con- tinuous quality improvement into the school improvement process, redesigned the alternative high school, improved services to ninth- and 10th-graders through smaller learning communities, initiated a coaching model in mathematics and redesigned remedial and gift- ed/talented services in 10 schools. In other school news, the board approved a six-period day for Hawkins Middle School and au- thorized an additional staff mem- ber there, necessary for the transi- tion to six periods. THE BOARD also passed a resolution requesting a waiver from the course and credit re- quirements that allows North Mason High School to offer two terms of study in the 90-minute block schedule format - each term being the equivalent of a full year of coursework per class. The state requires 150 hours per credit. This waiver reduces the requirement to 135 hours per credit, allowing the high school to continue offering four classes each term for a total of eight classes during the school year. Lastly, travel was approved by the board for Belfair Elementary School's Destination Teams to go to Wenatchee March 30-31 for a statewide competition and for the North Mason High School Key Club to go to the Pacific Northwest District Key Club Convention in Portland, Oregon, April 13-15. The next work-study session for the school board will be at 6:30 p.m. on Wednesday, April 11, in the district office. Spring break is next week, run- ning April 2-6. School buildings will all be closed; however, the dis- trict office will be open as usual. Voice to host forum on local health care By LIZ CASE Firm plans are under way for the Community Health Forum be- ing planned for 10 a.m. on Satur- day, April 14, at the Hawkins Mid- dle School Gymnasium. The forum is being sponsored by the North Mason Community Voice group. The forum will feature repre- sentatives from Harrison Hospital, Mason General Hospital and the Mason County Assessor's Office. The hot topic of discussion is expected to be the redistricting of Mason County's Public Hospital District Number 1, which pres- ently encompasses all of Mason County. That matter has been un- der discussion since early January, when hospital district commis- sioners had initially recommended to county commissioners that the North Mason area be removed from the hospital district. THE PROPOSED move was based on the fact that the vast majority of north-end residents al- ready go north into Kitsap County to receive their health care and also because the North Mason Medical Easter egg hunts, services will be hopping this year NORTH MASON youngsters will once again have plenty of opportunities to gather up Easter eggs this year. at noon and the first hunt at 1 p.m. The event will be held on the lawn at North Bay Mortgage, located at 23030 NE State Route 3, and will include a bouncy house, The days until Easter are hopping right along and The erald has gotten notice of three local community events for $Unday, April 8. * The local churches' annual aster Sunrise Community Service 11 be held this year at North ason Bible Church, located at 82 East Campus Drive just below the high school. The sunrise service will be held t 6:30 a.m. with a continental reakfast following. During the gular 9 a.m. and 11 a.m. services, e church will present a drama, No Name in the Street," depicting hat ordinary individuals in sus' Jerusalem might have l°Ugh about the events that took Place during the last Earthly week at'Jesus, life. The public is warmly Welcome at all of the events .ad may call 275-4555 for more trtformation. " Beginning at noon, the Hood anal Masonic Lodge will host its th annual Easter Dinner. The Went is open to the community d the menu will feature entrees Ofroast turkey and ham, as well as all the trimmings and dessert. Th.e lodge asks for donations of for adults and $4 for children and under. The lodge is located t 23341 NE State Route 3. For ore information about the event Call 372-2539 during early evening face painting, clowns, over 100 prizes, age-separated hunts for kids ages i to 12 and, of course, the Easter Bunny himself. For more information about this community celebration call 277-3282. hours. • The biggest North Mason event in the works is the 20th annual Community Easter Egg Hunt. The event is free of charge with the fun is scheduled to begin Clinic has been in a deficit-income situation for several years - due to residents who routinely seek health care elsewhere. It seemed sensible, the district thought, to stop collecting prop- erty taxes from homeowners who did not benefit from them and al- low the area to be picked up by an- other health-care entity. But the community response to that move convinced the hos- pital district directors to halt the process until more discussion had taken place. THIS HEALTH care forum is part of that discussion and its plans will include alternative dis- trict boundaries and input from other health-care entities (most notably Harrison Hospital). The forum will be moderated by Mi- chael Greene, the former chief of Belfair's Fire District 2, who will return to Belfair from Reno, Ne- vada, just for that purpose. It is also worth noting that the hospital district has expressed ev- ery intent, income loss not with- standing, to keep the North Ma- son Medical Clinic open and fully operating. For more information on the fo- rum contact the Voice group's Lee Swoboda by calling him at 275- 9241. Belfair kids make use of imaginations Parents are always on the look- out for programs or activities that will help their children learn to think more creatively or that will help the youngsters to discover and develop their talents. And the folks at Belfair Elementary School recently hit on just such an event. On Saturday, March 10, 50 teams from the Olympic Peninsu- la participated in the Destination ImagiNation creative problem- solving competition at Klahowya Secondary School. Each year's challenges range from very technical, with some performance involved, to primar- ily performance with some techni- (Please turn to page 4.)