Molalla Pioneer

Not everything fits in the newspaper.


Fire on Weyerhauser land threatens forest, homes


By Abby Sewell
Molalla Pioneer
Firefighters are battling a six-acre blaze on steep terrain on Weyerhauser property near the Glen Avon Bridge.
The fire started around noon, near a private Weyerhauser road on the west side of the Glen Avon Bridge over the Molalla River.
Although the cause of the first spark is unknown, the fire spread quickly uphill, feeding on dead fuel from last spring's clearcutting of the slope.
"With this slope and as dry as these slash fuels are, it grew very quickly," Chris Paul, protection supervisor with the Oregon Department of Forestry Molalla Unit, said.
A Bureau of Land Management worker called ODF to report the fire, Paul said.
As of press time, crews from the BLM, and the Molalla and Colton Fire Districts had the fire partially contained, with a bulldozer, two private helicopters -- one belonging to Weyerhauser -- six engines and about 40 firefighting personnel.
As of press time, ODF squad boss Gail Herman said neighboring houses were potentially but not immediately threatened.

Deportation hearing leaves Molalla union organizer in a bind

By Abby Sewell
Molalla Pioneer

Nearly eleven months after pleading guilty to passport fraud, the status of Mexican-born former union organizer Jose Alfredo Cobián remains in limbo.

At a hearing in Portland this morning, immigration judge Michael Bennett ruled that Cobián, who immigrated to the United States from Mexico illegally in 1989 and has lived under the identity of Jose Luis Mendoza since 1996, may leave the country voluntarily.

At Cobian's request, the judge gave him seven days to finish wrapping up his affairs before following his wife, Maria, and their two U.S.-born children who have already departed to Mexico.

Cobián has known since his last immigration hearing in March that he would be forced to leave the United States. Even before that, having pled guilty to making a false statement on a passport application in September of 2006, he said he had little hope of being allowed to stay.

But for the past five months, he and his family have been waiting to find out whether he will be allowed to leave the country voluntarily, with the option of returning when his U.S.-born children are old enough to petition on his behalf; or whether he will be forcibly removed with scant likelihood of ever being allowed to return.

During the five months between immigration hearings, with both Cobián and his wife forbidden to work because of their immigration status, the family has survived largely through contributions by Cobián's former co-workers in the Pacific Northwest Regional Council of Carpenters.

“I was pretty overwhelmed with all the support me and my family got,” Cobián said in an interview earlier this year.

David Shomloo, Cobián's attorney, said after this morning's hearing, "It has been difficult (for the family), certainly. They have been waiting for this day for the last few months."

Although Bennett's ruling decision might appear to end the period of uncertainty, Department of Homeland Security Assistant Chief Council Margaret Rosenast said the U.S. government may appeal the decision.

The DHS' position places Cobián in a legal quandary. According to the judge's order, as requested by Cobián's lawyer, he must leave the country and return to Mexico voluntarily within seven days. But according to another section of the law, he may not leave the country during the 30 day timeframe during which the U.S. government has the right to appeal Bennett's decision.

Shomloo acknowledged that the potential for an appeal complicates the situation but said he remains confident that a solution can be reached.

Cobián, who appeared in court on crutches due to health issues that he and Shomloo declined to elaborate on, had no comment on the case.

But his former employer Pete Savage, regional organizer with the carpenters' union, had strong words for the immigration enforcement officials and the DHS.

"I'm very happy that the judge saw fit to let (Cobián) leave voluntarily," he said. "However, I'm completely astounded and amazed that ICE is behaving the way they are. The contradictions between the judicial side and the enforcement side of the law are just incredible."

Cobián was working as a union organizer with the Pacific Northwest Regional Council of Carpenters when agents from the office of Immigration and Customs Enforcement came to his house in Molalla last July.

After admitting to them that he had been living under a false identity since 1996 -- the real Jose Luis Mendoza was born in California in 1971 and died as a young child more than thirty years ago -- Cobián was arrested on Sept. 7, 2006 on charges of making a false statement on a passport application, misuse of a social security number and making a false statement on an immigration petition.

He pled guilty on the charge of making a false statement on a passport application on Sept. 28 and was sentenced to three years probation on Jan. 23, 2007. The other charges were dropped.

In 2001, Cobián used his assumed identity to petition for lawful permanent residency for his wife, also a Mexican citizen, who had been in the country on a temporary visa when they met and married.

She received the green card in 2004. In 2005, Cobián made the mistake that led to his downfall, when he applied for passport so that he and his family could return to Mexico for a visit, for the first time since his 1998 marriage.

Had Cobián not petitioned for benefits for his family using his false Social Security number, he might have gone undetected forever, or at least been eligible to stay in the country through his children, Bennett said.

"That's really the tragedy of this case," he said. "It's not entirely unheard of for someone to assume another person's identity, and when one does that and does not injure the other person's identity by assuming it ... that is not an automatic disqualifier (for legal residency)."

When Cobián applied for permanent residency for his wife, however, Bennett said, "That's what changes this from a general issue of immigration control ... to an issue of fraud that impacts the whole system."

Rosenast, who had argued against allowing Cobián to return to Mexico voluntarily, said the length and extent of the deception outweighed Cobián's cooperation with the legal system since July of 2006.

"We do not believe that simply his agreement and willingness to comply with probation and law enforcement is enough to make up for the length of time he committed this fraud against tax payers with a (false) social security number," she said.

For the union, however, Cobián was an invaluable asset, Savage said. After being hired in 2001, he filled a need for bilingual organizers in the building trades, dealing particularly with immigrant workers in the drywall industry.

"It's been very difficult to replace him, and we actually haven't been able to replace the position with all the skills (Cobián) had," Savage said. "It's really taken two people with bilingual ability to replace the skills he had with organizing and computers and everything."

Now, like many illegal immigrant families, the Cobiáns will have to adjust to a new life in Mexico, a place that the children have only visited briefly. To them, Molalla is still home.

As Cobian said after his sentencing on the passport fraud charge earlier this year, "They like Mexico, but (my daughter) says 'I love it here. Why do we have to go?'"

Yesterday's RV fire in Mulino may have been arson


An arson investigation is underway after a fire consumed an RV and another vehicle on Mulino Road on Monday afternoon.

Calls from both the property residents and passersby began coming in at 1:40 p.m., reporting that the RV was engulfed with flames as high as 20 feet.

Molalla and Colton Fire Departments arrived on scene, at 13800 Mulino Road, within ten minutes of receiving the call, and had the fire under control in another twenty minutes, before it could spread to the house or another vehicle nearby.

Both the RV and the a compact passenger car were totaled.

“The RV was full of belongings,” MFD firefighter Denise Everhart said. “There were hangars, clothes, and I pulled out a Bible. It was pretty burnt up, but it was a Bible.”

It was the first day on the job for MFD’s newest staff member, firefighter/paramedic Byron Wakefield. When former deputy chief Tim Maronay retired last year, the department did not hire a replacement but budgeted a salary for a line firefighter/paramedic.

Having the extra staffer at the station allowed for a quicker response time, Everhart said. Before Wakefield came on board, MFD was having difficulty getting crews together during the daytime hours when many of its volunteers are at work.

“We made the right decision (in hiring another full time firefighter),” she said. “Because we had him, we rolled out an engine within ten minutes of the call toning out.”

Investigation of the fire is ongoing.
-Abby Sewell

Plans coming down the pipeline

By Abby Sewell
Molalla Pioneer

Northwest Natural Gas and TransCanada Corporation announced on Monday that they have formalized a partnership to work towards building a new natural gas pipeline along a route that would run about a mile south of Molalla.

After studying the feasibility and customer interest in the project, the two companies finalized their agreement on Friday, forming a joint venture called Palomar Gas Transmission LLC to work towards construction of the pipeline. The proposal calls for assembly of a 110-mile, 36-inch-diameter pipeline that would connect TransCanada’s Gas Transmission Northwest pipeline in Central Oregon from a point near Madras to the Williams Northwest Pipeline's Molalla Gate Station on Barnards Road between Molalla and Canby.

Another 110-mile pipeline could run from the Molalla station to a new LNG station proposed for construction on the Columbia River near Astoria.

If both sections are built, the cost is estimated at $600 to $700 million. Palomar’s property taxes on the project are estimated at $8 million a year, to be allocated among all the affected counties.

But Palomar has yet to file a proposal with the Federal Energy Regulatory Commission , the agency responsible for conducting environmental assessments and regulating pipeline construction; and plans are not finalized, project manager Henry Morse said.

“Far from it,” he said. The planners have looked at existing maps and information about the terrain near the proposed route.

“We’ve talked to city planners and county planners and now we’re taking it to the next stage of putting the proposed route down on paper,” Morse said.

As far as the effects on Molalla, Morse said the line would be about a mile south of town located outside of any foreseeable urban growth boundary.

A competing company, Oregon LNG, submitted a preliminary filing with FERC, proposing a pipeline that would run along much the same route as the northern half of the Palomar line. Although FERC often suggests that companies competing for a pipeline route should join forces, a partnership between Palomar and Oregon LNG appears unlikely at this point.

“We had a conversation with Oregon LNG some time ago,” Morse said. “But we were unable to come to a commercial agreement with them.”

Ultimately, FERC has the authority to approve or deny both of the proposals.

Palomar representatives will make a public presentation of their plans on Tuesday, Aug. 21 from 5 to 8 p.m. at the Molalla Adult Community Center.

Petitioners, MCC go to mediation

By Abby Sewell
Molalla Pioneer

In a tentative step towards resolving the issues that led to several citizens to begin petitioning to remove the leadership of Molalla Communications Company, several of the petitioners met with the board and chief executive officer of MCC in a county-mediated session on Monday night.

The parties to this case, who signed a confidentiality agreement, would not discuss specifics of Monday night’s meeting. Petitioner Mike Wagner acknowledged, however, that the meeting dealt with some of the topics brought up in the petition that was presented to MCC staff on Friday, July 27.

The petition, which began circulating last Friday, calls for a special meeting of MCC’s members where they could vote to remove three of MCC’s five board directors – Ed Lettenmaier, Marci Marsh and Kae Wise – and replace them with petitioners Mike Wagner, Michael Raub and Peggy Smith. The petition also calls for removal of Loutzenhiser, vice presidents Chris Michalopoulos and Stephen Jantz, human resources director Christine Cline, network operations and internet service manager Lance Eves and law firm Foster-Pepper LLP.

Under MCC’s bylaws, a special meeting can be called by written request of at least 10 percent of the cooperative’s members – with the membership count standing at 5,228 on July 27. Under section 5.3 of the current bylaws, vacancies on the board are filled by a majority vote of remaining directors.

After MCC officials questioned whether the bylaws would allow the petitioners to name replacements for the directors they are attempting to oust, the petition was rewritten to include another agenda item for the special meeting, creating an amendment to the bylaws stating that in the case of a vacancy on the board, new directors may be elected by members at a special meeting.

Amy Cleary of the Clackamas County Dispute Resolution Center, who is mediating in the case by request of the petitioners, declined to comment on specifics of the dispute, citing confidentiality issues. Under Oregon law, the content of mediated sessions is confidential unless the parties involved agree to disclose part of the proceedings.

MCC’s CEO Steve Loutzenhiser declined to comment for this story.

While declining to discuss details of the mediation session, Wagner said, “I thought it was a productive meeting and we had the opportunity to talk about a lot of different things that were of concern to us. I think we all have the interests of MCC at heart…. As long as we’re talking directly, it’s a good thing for the community.”

The parties agreed to meet again in early September to continue the discussion.

Cars burn at Molalla Ford; estimated $15,000 in damages

A fire of unknown cause consumed one truck at the Molalla Ford dealership and damaged two other vehicles on Monday morning.

About 5 a.m. that morning, a passerby reported seeing one of the used vehicles in the lot, a 2000 Ford Ranger, burning. The fire, which appears to have started in the engine, destroyed the motor and much of the cab.

A 2002 Subaru WRX also caught fire and a 1999 Ford F250 suffered paint and fender damage, according to Molalla Ford manager Andy Fosket. The vehicles, both used, were property of the dealership.

Molalla firefighters were able quickly contain the blaze. Molalla Fire Department chief Vince Stafford, who estimated the damges at $15,000 in value, said the cause of fire is undetermined.

Although arson is a possibility, he said, "It's one of those where you kind of scratch your head on it. There was nothing that leaped right out as 'This is arson.' It looks like it started in the engine, and normally if someone's going to torch something, they'll knock a window out and throw something inside."

Molalla Police Department is investigating.

-By Abby Sewell



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