UPDATED Jan. 28, 10:55 a.m. with more explanation from Department of Ecology.

RIVERS — The state of Washington adopted new state rule on  instream flows for the Spokane River today, but the levels are likely to disappoint rafters and environmental groups, who had pushed for higher flows, according to a story filed by S-R reporter Becky Kramer.

The instream flow for the river’s main stem varies by season, peaking at 6,500 cubic feet per second in late spring where the river roars through downtown Spokane, and tapering to 850 cubic feet per second in late summer. Each cubic foot of water is about 7 ½ gallons.

• See a media release from the Washington Department of Ecology.

River advocates posted this detailed reaction of their disappointment for the adopted rules:

Today river advocates criticized the Washington Department of Ecology (“Ecology”) for adopting a flow rule for the Spokane River that allows further dewatering of the popular urban river.  The Spokane River flows from Lake Coeur d’Alene through eastern Washington to its confluence with the Columbia River.   The River supports important fisheries and wildlife, and a vibrant boating and recreation industry.  Two thousand people sent comments to the agency opposing the draft rule and asking that river flows be protected.

“This is a terrible decision for the Spokane River and our community,” said Paul Delaney, a co-founder and board member of the Northwest Whitewater Association in Spokane who has been running the river for 35 years.  “They never talked to us.  They never did the basic use surveys of thousands of people who use the river.  And then the agency disregarded basic survey information we provided on boating use of the Spokane River.  In the end, the agency’s decision jeopardizes the Spokane River and the water future for this part of eastern Washington.”

The state rule sets flows for the Spokane River, including summertime low flows at 850 cubic feet per second (cfs).   Flows that are not protected eventually will be taken for out-of-stream water uses, including Idaho pumpers, the City of Spokane, and the Office of the Columbia River’s Spokane-Rathdrum ASR project.   

Although Ecology has defended its decision by pointing to a study that concludes that the 850cfs flow is good for fish, scientists have since pointed out that the study is inadequate for setting flows needed by Spokane River fish.   The proposed flows are also inadequate for salmon fisheries, which are proposed for restoration in the Spokane River.

In setting flows, the Department of Ecology failed to consult with boaters who use the Spokane River.  American Whitewater undertook a survey asking Spokane River boaters about their flow preferences.  Survey results show that all boaters prefer flows higher than 1000 cfs and most prefer flows in the range of 5000 cfs.   Flows less than 1000 cfs are considered unfavorable to boaters and can cause damage to some craft.

“Excluding rafters, kayakers, and canoeists in setting flows is a dangerous move for Washington State’s rivers,” said Rachael Paschal Osborn, senior water policy advisor with the Center for Environmental Law & Policy (CELP).  “Water may be political currency, but we also have stewardship responsibilities to protect the state’s rivers.”

Ecology also failed to do basic assessment of the scenic values of the Spokane River as it flows through the gorge.  CELP released an atlas of 37 key observation points of the Spokane River’s downriver reach, starting at the Monroe Street bridge in downtown Spokane.  The study documents five different flows ranging from 2,800 to 1,000 cfs.

“We need to protect our rivers; the water frontier is over,” said Osborn.   “The law is clearly on the side of the Spokane River:  ‘Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values.’”

Brook Beeler, DOE communication manager, submitted further explanation from agency officials:

The rule to preserve and protect flow was written to balance all of the community’s needs for the river, including fish, recreation, water use and hydropower.

The river is a complex system and its flow is dependent on a variety of factors. They include seasonal weather, groundwater use, and operation of hydropower facilities on the river. The higher flows requested by many recreational users have rarely been seen in summer on the Spokane River since the Post Falls Dam was constructed in 1907.

It is important to note that instream flow rules do not add water to the river — they are a regulatory threshold to determine whether there is water available for new uses. The rule doesn’t require business, water providers or local government to add water to the river. In order to increase river flow, the hydropower operations on the river would need to change, which is governed by the Federal Energy Regulatory Commission license process – not the instream flow rule.

Existing water rights like the city of Spokane’s right and other water providers cannot be affected by the rule. New requests for water in Washington will be individually evaluated to determine if water is available and in the public’s interest to issue new water use permits.

We are committed to working with local governments, environmental advocates, local businesses and the community on water management decisions to preserve a clean and flowing Spokane River.

For more information, see these links:

• Spokane River KOPs 2500 and 1000 cfs
• Spokane River Atlas of KOPs
• Boater Survey

UPDATED Jan. 28, 10:45 a.m. with more explanation from Department of ecology.

UPDATED at 5:25 p.m. with comments from river advocates.

RIVERS — The state of Washington adopted new state rule on  instream flows for the Spokane River today, but the levels are likely to disappoint rafters and environmental groups, who had pushed for higher flows, according to a story filed by S-R reporter Becky Kramer.

The instream flow for the river’s main stem varies by season, peaking at 6,500 cubic feet per second in late spring where the river roars through downtown Spokane, and tapering to 850 cubic feet per second in late summer. Each cubic foot of water is about 7 ½ gallons.

• See a media release from the Washington Department of Ecology.

River advocates posted this detailed reaction of their disappointment for the adopted rules:

Today river advocates criticized the Washington Department of Ecology (“Ecology”) for adopting a flow rule for the Spokane River that allows further dewatering of the popular urban river.  The Spokane River flows from Lake Coeur d’Alene through eastern Washington to its confluence with the Columbia River.   The River supports important fisheries and wildlife, and a vibrant boating and recreation industry.  Two thousand people sent comments to the agency opposing the draft rule and asking that river flows be protected.

“This is a terrible decision for the Spokane River and our community,” said Paul Delaney, a co-founder and board member of the Northwest Whitewater Association in Spokane who has been running the river for 35 years.  “They never talked to us.  They never did the basic use surveys of thousands of people who use the river.  And then the agency disregarded basic survey information we provided on boating use of the Spokane River.  In the end, the agency’s decision jeopardizes the Spokane River and the water future for this part of eastern Washington.”

The state rule sets flows for the Spokane River, including summertime low flows at 850 cubic feet per second (cfs).   Flows that are not protected eventually will be taken for out-of-stream water uses, including Idaho pumpers, the City of Spokane, and the Office of the Columbia River’s Spokane-Rathdrum ASR project.   

Although Ecology has defended its decision by pointing to a study that concludes that the 850cfs flow is good for fish, scientists have since pointed out that the study is inadequate for setting flows needed by Spokane River fish.   The proposed flows are also inadequate for salmon fisheries, which are proposed for restoration in the Spokane River.

In setting flows, the Department of Ecology failed to consult with boaters who use the Spokane River.  American Whitewater undertook a survey asking Spokane River boaters about their flow preferences.  Survey results show that all boaters prefer flows higher than 1000 cfs and most prefer flows in the range of 5000 cfs.   Flows less than 1000 cfs are considered unfavorable to boaters and can cause damage to some craft.

“Excluding rafters, kayakers, and canoeists in setting flows is a dangerous move for Washington State’s rivers,” said Rachael Paschal Osborn, senior water policy advisor with the Center for Environmental Law & Policy (CELP).  “Water may be political currency, but we also have stewardship responsibilities to protect the state’s rivers.”

Ecology also failed to do basic assessment of the scenic values of the Spokane River as it flows through the gorge.  CELP released an atlas of 37 key observation points of the Spokane River’s downriver reach, starting at the Monroe Street bridge in downtown Spokane.  The study documents five different flows ranging from 2,800 to 1,000 cfs.

“We need to protect our rivers; the water frontier is over,” said Osborn.   “The law is clearly on the side of the Spokane River:  ‘Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values.’”

Brook Beeler, DOE communication manager, submitted further explanation from agency officials:

The rule to preserve and protect flow was written to balance all of the community’s needs for the river, including fish, recreation, water use and hydropower.

The river is a complex system and its flow is dependent on a variety of factors. They include seasonal weather, groundwater use, and operation of hydropower facilities on the river. The higher flows requested by many recreational users have rarely been seen in summer on the Spokane River since the Post Falls Dam was constructed in 1907.

It is important to note that instream flow rules do not add water to the river — they are a regulatory threshold to determine whether there is water available for new uses. The rule doesn’t require business, water providers or local government to add water to the river. In order to increase river flow, the hydropower operations on the river would need to change, which is governed by the Federal Energy Regulatory Commission license process – not the instream flow rule.

Existing water rights like the city of Spokane’s right and other water providers cannot be affected by the rule. New requests for water in Washington will be individually evaluated to determine if water is available and in the public’s interest to issue new water use permits.

We are committed to working with local governments, environmental advocates, local businesses and the community on water management decisions to preserve a clean and flowing Spokane River.

For more information, see these links:

• Spokane River KOPs 2500 and 1000 cfs
• Spokane River Atlas of KOPs
• Boater Survey

William "Bud" Roffler, a former NFL player and star at Washington State and considered one of the top athletes from the Inland Northwest, has died.

Roffler, 84, died of pneumonia Tuesday night at Valley General Hospital, according to his daughter, Debbie Roffler. Funeral services are pending, she said.

Roffler was born on Sept. 16, 1930 in Pine City, Washington, but moved to Spokane before his sophomore year in high school and enrolled at Lewis and Clark. There he found instant stardom, playing football, basketball and baseball. He did the same at WSU, capping his career by rushing for 132 yards in a 27-25 win over Washington.

He was drafted by the Green Bay Packers in 1952 and played three years in the NFL before his career was cut short by a concussion suffered in an auto accident.

At WSU, Roffler played guard for basketball coach Jack Friel and center fielder for baseball coach Buck Bailey. On the football field he played everything: halfback, safety, placekicker and punt and kick returner.

Roffler was inducted in the Washington State Athletic Hall of Fame in 2011.

Gonzaga University won a legal victory this week over the owner of a now-shuttered controversial downtown bar that was illegally using the school's trademarks.

U.S. District Court Judge Lonny Suko entered a permanent injunction Thursday barring Jamie Pendleton, owner of the Downtown Spokane Daiquiri Factory, from using the school's trademarks in future promotions for the bar. Suko entered the decision after the parties presented arguments at an hour-long hearing in Yakima last month.

Suko had previously ruled that Pendleton violated the Lanham Act, the federal law that enumerates trademark rights, when he appropriated Gonzaga's bulldog mascot and other university materials in promotions for the bar during the NCAA Men's Basketball Tournament last March. Pendleton argued that the trademarks in question were not currently registered with the U.S. Patent Office, but Suko found that there was still evidence people might mistakenly believe Gonzaga had given Pendleton its blessing to use its trademarks.

Gonzaga sued Pendleton in April, following months of protests over one of the bar's drinks called "Date Grape Kool-Aid." The drink name was later changed, but Pendleton's landlords successfully maneuvered to evict him last summer. Pendleton is currently appeal that decision to the Washington District III Court of Appeals. A hearing date has not been set in that case, but Pendleton has been given a deadline of later this month to lay his case before the court.

The bar's Facebook page has become active once again, where many of the arguments about the drink's name took place. A grinning Pendleton can be seen in one photo sitting on the bar's chairs, with promises the business would reopen this year. Another post has a link to the bar's appeal of its eviction, a 50-page document that can be read here.

Thursday's ruling effectively closes the books on Gonzaga's case against Pendleton. The school did not seek monetary damages from Pendleton. Another trademark case, brought by an Atlanta bar that also calls itself The Daiquiri Factory, will also be heard by Suko. That case remains open in federal court with no hearing date set, but the Spokane attorney representing the Atlanta bar requested to be removed from the case Friday, calling his relationship with the plaintiff "untenable."

Documents:

This time of year, Katrin Pardue likes to pull on her wool socks, fire up the blinkies on each shoe and run up Mount Spokane after work. Or, perhaps less ambitiously, she’ll run around the South Hill, where she lives, and take a tour of its parks: Cannon Hill, Cliff, Manito, Comstock and the Bluffs.

“I try to hit every park,” said Pardue, 19, who runs between 35 and 60 miles a week. She’s preparing for Bloomsday and next fall’s Portland Marathon, but the main reason she runs is simple: She likes it.

She has company. Earlier this month, Spokane was named the Outstanding Runner Friendly Community of the Year by the Road Runners Club of America. Full story. Nicholas Deshais, SR

Do you enjoy running?

Spokane isn't exactly known as a hotspot for indie game development, but pockets of Washingtonian creativity do exist east of the Cascades. Take, for instance, the Spokesman's own Andrew Smith, who recently introduced himself as a new contributor to the Tech Deck blog. An avid lover of games all his life, Smith has been a part of a multitude of indie development studio start-ups.

Now, he's settled down with his wife, Jackie. Alongside his YouTube Let's Play channel, he's ventured into the realm of totally independent game development. He and his wife have crafted a pair of working game prototypes that he hopes to complete and publish. Over the course of the past week,  Andy gave me the chance to play through both of these early working versions. Below are my impressions of each.

Spokane's Human Rights Commission has requested the Spokane Police Department do more to inform the public on the military-grade equipment it buys.

In a letter dated Monday, Blaine Stum, chairman of the five-member city commission tasked with battling "unjust discrimination" in the community, asks Spokane Police Chief Frank Straub to open up about weapons, gear and vehicles ordered in part through a federal grant program that has gained increased scrutiny since the response to protests in Ferguson, Missouri, over the police shooting of an unarmed black teenager.

"While we understand the need not to publicly advertise the equipment and weapons available for their use in protecting the community, we recommend that the Spokane Police Department be more transparent in providing information" on military gear ordered, Stum writes on behalf of his group.

The letter from the Human Rights Commission can be read in its entirety here. For more of the group's recommendations, go inside the blog.

A federal judge has given prosecutors until Feb. 10 to determine whether they will seek the death penalty for five of six men implicated in an alleged murder-for-hire plot tied to North Dakota oil fields that left a South Hill businessman shot to death in his home last year.

U.S. District Court Judge Salvador Mendoza set the deadline for the government to make its decision at a court hearing earlier this week. James Henrikson, Timothy Suckow, Robert Delao, Todd Bates, Lazaro Pesina and Robby Wahrer were indicted in September for their alleged roles in the shooting death of Douglas Carlile, who was found dead of gunshots by Spokane Police on Dec. 15. Federal prosecutors have said they may pursue a capital case against all defendants except Bates, who faces conspiracy charges for his alleged role in targeting another business partner of Henrikson's.

Suckow and Henrikson were also indicted for their alleged role in the slaying of Kristopher "K.C." Clake, an employee of Henrikson's on the Bakken shale oil fields who went missing in 2012. His body has not been found.

Prosecutors say representatives from the U.S. Justice Department in Washington D.C. have traveled to Spokane in recent weeks to review the case and determine if a capital sentence is warranted.

Sixty-two federal inmates are currently on death row, according to nonprofit group the Death Penalty Information Center. Last month, Henrikson's attorney filed a motion with research indicating federal capital cases, when pursued, usually take three years from indictment to a jury's decision.

OUTDOOR CITIES — Wilmington, N.C., generated enough votes to edge Spokane this week in a USA TODAY 10 Best Readers' Choice contest for Best American Riverfront.

Wilmington "waged a tight but winning battle against Spokane for the top spot and landed the #1 slot after a frenzied weekend of voting," the online pollsters reported.   

Wilmington lies on the eastern shore of the Cape Fear River, which winds up into easternmost North Carolina from the Atlantic Ocean adjacent to Bald Head Island.  Because Wilmington is associated with the many barrier island destinations for which it serves as a gateway - Wrightsville Beach chief among them - the public often is unaware that it's a river city. 

The Top 10 vote-getting cities for Best American Riverfront are:  

1. Wilmington, N.C.
2. Spokane, Wash.
3. Davenport, Iowa
4. Dubuque, Iowa
5. Pittsburgh
6. Louisville, Ky.
7. Chattanooga, Tenn.
8. Savannah, Ga.
9. Detroit
10. Richmond, Va.

Regardless of the poll, Spokane has a world-class connection to a river.

Think about what our "River Runs Through It" offers to visitors. And ponder what it adds to the quality of life for those of us who live here — for example:

• Riverfront Park and free festivities such as Pig Out In the Park.
• Foot bridges over the Spokane Falls, a year-round attraction but especially exciting in the refreshing spray of spring runoff.
• The Spokane River Centennial Trail.
• Historic Monroe Street Bridge.
• Tribal powpows.
• Spokane Jazz Orchestra Fourth of July Concert.
• Rotary Fountain.
• Fishing for native redband trout.
• Access for rafters, SUP and other boats with take-outs including the No-Li Brew Pub — it doesn't get much better than that.

If a skywalk staircase comes down and no one's around to see it, does it make a sound? Okay, there were plenty of people to see it slowly get dismantled at the corner of Main Avenue and Howard Street, but we were a little disappointed that nobody chained themselves to it, like you see in those history preservation movies.

Anyway, here's the a scene of the missing staircase:

And another:

For a bit of background, read our earlier coverage on why the staircase came down. Not to spoil it or anything, but the staircase was kind of in the way.

A 71-year-old homeless man from Spokane was arrested in Kennewick this weekend for defecating on a public sidewalk.

The man, who is not named in a report from The Tri-City Herald, reportedly told the arresting officer, "When you have to go, you have to go."

The man was waiting for a bus on the west side of town around 11:30 a.m. when he decided to drop trou, according to the Herald. Several witnesses were present, and the man was taken into custody without incident.

Donovan Simons Jr., 71, was booked into the Benton County Jail for what is described as a "municipal code violation" shortly after 12:30 p.m. Sunday, according to jail records. Simons has criminal history in Spokane County and appeared in Benton County District Court on Monday, according to state court records. He was ordered held on $1,000 bond.

Staff for Rep. Cathy McMorris Rodgers said they realized too late their error in the published date for an upcoming Spokane town hall event on a mailer that hit the district last week.

The glossy mailer lists the date of the event as Thursday, Aug. 18, from 5 to 6 p.m. at the Lincoln Center in north Spokane. But the 18th is a Monday, not a Thursday.

A spokeswoman confirmed the event will take place Monday, Aug. 18. The error was discovered after the mailers had been sent to the printer, the spokeswoman said, and a newsletter with the correct date was sent out electronically to digital subscribers of the congresswoman's emails.

McMorris Rodgers is expected to speak for an hour at the event Monday, which follows a strong showing in the four-person primary for the seat she's held since 2005. She last visited Spokane for a town hall a year ago, where many attendees wore their hearts on their sleeves.

Spokane-native Chud Wendle has joined Rep. Cathy McMorris Rodgers' local office as district director, the congresswoman announced this week.

"I was intrigued from day one, by the challenges and opportunities this job would present," Wendle said.

A member of the Wendle family that owns several area car dealerships, Chud Wendle was named McMorris Rodgers' district director and will be working out of her office in downtown Spokane. Wendle has spent the past six years in Pullman, where he worked in real estate and ran a frozen yogurt and cupcake shop with his wife, Cindy.

Wendle said his job description includes being the "eyes and ears" for the congresswoman in the district. He will handle legislative matters, though he will be available to assist with McMorris Rodgers' re-election campaign. She faces challengers

Tom Horne, Joe Pakootas and Dave Wilson in the primary concluding next week. (Editor's note: Republican challenger Tom Horne was incorrectly left off the list of challengers in an earlier version of this post.)

The congresswoman approached Wendle to direct her district office, he said, about the time his wife took a new position in Spokane. They return to the Lilac City with their three sons: Ben, Nick and Jack. Wendle said his family is excited to return to Spokane, where he was born and raised.

In a statement announcing the hire, McMorris Rodgers praised Wendle's ties to the community and nonprofit work.

"Chud brings over a decade of experience and involvement in Eastern Washington, having worked with numerous local non-profit organizations, including Goodwill Industries and United Way of both Pullman and Spokane," McMorris Rodgers said in the statement.

Wendle said he was pleased to be working for McMorris Rodgers.

"I’ve always respected the work that the congresswoman does," he said

    After I’ve run the security gauntlet, after I’ve shown my ID, after I’ve exposed the contents of my bag to whoever is manning the scanner, after I’ve emptied my pockets and made my way through, the world shrinks to the faces and voices I hear in the airport. 

    An airport is a collection of every kind of human and there is no better place for watching people. The strangers in the crowd are rich, poor, kind, crude, happy and unhappy. They are young. They are old. They sprint down the concourse or they ride in chairs pushed by others. We all hurry and we all wait. We move forward and stand in line. Some speak languages I don’t understand, but at that moment we all have one thing in common: We are all trying to get from here to there.

    I stop to buy some fruit for breakfast and beside me a man sits hunched over the bar, his overnight bag at his feet. His face is strained and his mind is far away and I wonder if more than his drink is on the rocks.

    As I walk past the “spa” another man stares off into the distance as he massages the neck of one more anonymous passenger who’s bought a little time in the chair. He is a robot with strong, warm, hands.

    I find an empty gate and stop to charge my phone before I depart. A few rows away a pilot, his luggage piled beside him, is talking on the phone and after a few minutes I realize he’s talking to his wife and they are discussing the terms of their upcoming divorce. His voice is thick with anger and pain and, embarrassed to have stumbled into the scene, I unplug my phone and move on.

    When my flight is called, people immediately crowd the gate, jockeying for position too early, dragging heavy bags behind them, anxious to get on the plane as quickly as possible before all the overhead bin space is filled. One couple works as a team. She edges forward, slipping between people who are distracted by last-minute emails or texts, their attention on their iPhones instead of what is going on around them. Once she’s in place she motions for him and he slides in beside her. Another mans silently gauges the diligence of the gate agent and I see him decide to slip into the priority line, hoping the harried agent won’t notice. She doesn’t.

    On the plane two elderly women, their white hair permed, pink scalp showing between the tight curls, settle into their seats and, delighted to have an empty seat between them, forget we haven’t even taken off. They drop the middle seat-back tray and set up the picnic they’ve brought along, just like they’re on a train. They pull out sandwiches brought from home, wrapped in aluminum foil and tucked into folded paper plates, then settle back into their seats. Moments later the flight attendant comes by, sees what they’ve done, and gently—like she’s speaking to her own grandmother—tells them the tray must be up for takeoff. They’re embarrassed and hurriedly put everything away but something in me responds to their sweetness, their homemade picnic and the gentle way they do as their told.  

    Once all passengers are on board, just before they close the doors, a woman tries to switch to an empty seat a few rows up but it’s in an upgrade section and the flight attendants won’t let her. “It wouldn’t be fair to those who paid extra to sit there,” they tell her. The woman goes back to her assigned seat, with a few less inches of legroom, and turns away to look out the window.

    Sometime during the flight we pass over the Rockies and the air becomes rough. The man across the aisle smooths his palms over his knees again and again in a soothing motion. His face shows nothing but his hands keep moving until the worst is over. I wonder what he would do if I reached out and covered his hand with mine, the way I would do with one of my children.

    The women eat their picnic.

    When we land everyone jumps up and starts dragging bags out of the bins, piling them into the aisles and around their feet, anxious to get away, to be part of the prisoner exchange that happens each time a plane rolls up to a gate. 

    It’s like a movie. All hours of the day, in airports around the world, the scenes are repeated as passengers file in and passengers file out. Each of us carries more than a bag, more than a boarding pass. We all bear the invisible weight of a story. 

Cheryl-Anne Millsap’s audio essays can be heard on Spokane Public Radio and on public radio stations across the U.S. She is the author of “Home Planet: A Life in Four Seasons” and can be reached at catmillsap@gmail.com

http://en.wikipedia.org/wiki/Spokane,_Washington

Sheriff Ben Wolfinger patrols the streets during recent Coeur d'Alene 4th of July activities. (SR file photo)

North Idaho has the highest crime rate in the state, eclipsing the Boise area, according to the state’s latest crime statistics. It’s a trend that’s been growing in recent years. The Boise area had a much higher crime rate than the Panhandle as recently as 2008, but since then, North Idaho’s rate has surged as the state’s overall crime rates have dropped. “Our guys are working hard and they’re doing a good job, but it’s just trying to keep up is the hard part,” said Kootenai County Sheriff Ben Wolfinger. One factor: Kootenai County is becoming part of a Spokane-North Idaho metropolitan area, rather than an isolated, more rural area with a seasonal influx of visitors/Betsy Z. Russell, Eye on Boise. More here.

Question: Do you feel less safe today in Kootenai County than you did 10 years ago?

    It was almost midnight by the time my delayed flight landed in Spokane. I followed the stream of weary passengers through the terminal and met my husband at the door.  

    We drove silently home in the dark .The window was open and I caught a whisper of fragrance in the soft air but, exhausted, I tipped my head back against the seat and closed my eyes and let it go. 

    By the time we were home I was fighting sleep, thinking only of getting into bed. But, as I waited while my husband unlocked the back door I noticed the same sweet scent that had drifted through the car earlier and this time I immediately knew what it was. Lilacs. It was too dark to see but I realized that during the week I’d been away Spokane’s bounty of lilacs had bloomed. My lilacs had bloomed. Spring was here at last and its heady perfume was everywhere.

    I was home.

    The next morning I walked out to the corner of the backyard where my lilacs grow, to the source of the sweet fragrance of the night before. Heavy purple blossoms pulled at the limbs making an arch of blooms over my grandmother’s old wrought iron bench. I sat there a few minutes breathing, basking in the scented air, perfectly content to be tucked into a quiet corner of my own.

    That evening as I walked through Manito Park, my little dog dancing at the end of his leash, I heard voices coming from the lilac garden. I turned and stepped onto the path that threads through tall trees and shrubs covered in flowers. Some were the same dark purple that grow in my yard. Others were much lighter, some where white. All around me men, women and children were stopping to admire each one. They looked closely at the cascade of tiny flowers that make each blossom and then leaned in, almost burying their faces into the bloom. I counted at least five picnics and suspected there were others in more hidden places in the garden. A couple sat on a blanket, sharing a meal. A man sat cross-legged in front of an open pizza box, reading while he ate. A family with young children stretched out on the grass while the children played, squealing and laughing while they chased one another.

    I felt as though I’d stepped into a painting or wandered into an elaborately staged play. It was perfect. People of all ages drawn to a beautiful public place and celebrating something that happens only once a year.

    Somehow, it always comes back to this park. When Spokane frustrates me, when I grow tired of the politics of city government or exasperated by some perceived lack of progress; when I think I cannot be truly happy here, some small thing I see as I walk through Manito Park saves me. I soften and forgive. In the winter it is the sound of children laughing as they fly down the sledding hill. In the fall it is the color of the leaves. In the summer it is the pool of cool air that settles over Duncan Gardens each evening and the splendor of the rose garden at the top of the hill. In the spring it is this abundance of lilacs.

    For all its failings, and every city has them, this 90-acre oasis in the middle of a residential area is one of Spokane’s greatest achievements. For more than 100 years it’s been drawing people to stroll the winding paths bordered by tall trees, to watch the ducks glide along the mirrored surface of the pond, to stop and smell the flowers. For a city of its size, Spokane is rich in parks and Manito is the crown jewel.

    My little dog and I walked home. With the scent of lilacs still lingering in my hair, I thought about the power beauty holds over us. How an ordinary green tree can shower us with fragrance and color and change, for a while anyway, the way we see the world. 

Cheryl-Anne Millsap’s audio essays can be heard on Spokane Public Radio and on public radio stations across the country. She is the author of “Home Planet: A Life in Four Seasons” and can be reached at catmillsap@gmail.com

A recently filed U.S. Supreme Court opinion has federal prosecutors asking for about $2 million more in restitution from jailed Spokane developer Greg Jeffreys, who pleaded guilty last year to wire fraud in a series of real estate schemes.

Sentencing documents filed ahead of a scheduled hearing in June had originally asked Jeffreys - who admitted in November to duping individual investors and banks on projects including condominiums, units in the downtown Ridpath Tower and a military facility off Highway 2 - to pay back $10.3 million. But a decision rendered in Washington, D.C., earlier this month in the case of a convicted mortgage fraudster out of Wisconsin prompted prosecutors to revise that amount closer to $12 million.

The unanimous decision in Robers v. United States, decided in a lightning-fast (for the court) 10 weeks after oral argument, overturned restitution guidelines set forth by the Ninth Circuit Court of Appeals, according to prosecutors. While the Wisconsin court ruled Benjamin Robers, a man who bought two houses using fraudulent loan applications, must pay the difference between the amount the bank lent and how much the properties sold for after foreclosure, the Ninth Circuit had calculated restitution based on the value of forfeited properties at the time they were seized. The Supreme Court agreed to hear the case in February 2013 to settle the dispute in the way the two courts calculated restitution.

The decision affirming the Wisconsin court's practice increases the amount Jeffreys owes banks and investors on three properties that were foreclosed upon, prosecutors say in documents filed last week. This includes units in the downtown Ridpath tower.

Jeffreys' ex-wife, Kimberly Jeffreys, also pleaded guilty in February to a charge of fraud in dealings surrounding the military facility. She is tentatively scheduled to be sentenced in July for her role in the scheme, facing a potential six-month sentence and restitution of close to $160,000.

Shannon Stiltner, a woman who lived with Greg Jeffreys in Las Vegas and pleaded guilty in November to deliberately ignoring signs her boyfriend was swindling investors, is serving her seven-month sentence at a federal detention center in Seattle. Stiltner has been ordered to pay $58,000 in restitution and is scheduled for release in August.

Prosecutors have not filed requests to change Kimberly Jeffreys' or Shannon Stiltner's restitution amounts.

Photo: Seedlings grown at Arbor Day Farm are ready to be sent to new Arbor Day Foundation members 

     I call the Hawthorn tree outside the window my “weather tree.” If it has leaves, it is summer. If the leaves are wet, it is raining. If it has berries, it is fall. If there is snow on the branches, it is winter. If the limbs are edged with tiny green buds, it is spring. 

    Countless times each day as I work, I glance up at the tree, noticing the way the birds are dancing in the branches or the wind has set it in motion. March can’t make up its mind, but April starts the short season of spring in the Northwest. Flowers bloom, trees, like my Hawthorn, bud out, grass begins to grow again, sending pale green blades up through the dead leaves and other detritus of the previous fall and winter. Tulips wake up and jonquils bloom. April stirs a body. It makes you want to go out and plant things. Like a tree.

    April also brings Arbor Day and countless tiny tree seedlings packaged to be given away to school children across the country, always with the same exhortation: Plant trees! 

    Last fall I visited Arbor Day Farm in Nebraska City, Nebraska, and the sight of tables full of plastic tubes filled with miniature Blue Spruce, White Pine and other species being packed to ship out to new Arbor Day Foundation members, brought back the excitement of being a child given the gift of a tree, and the way we felt important as we planted the spindly seedlings in the back yard. 

    I walked the grounds of the teaching farm, through the Hazelnut grove, through the orchard, sampling heirloom apples, and I was reminded of the importance of trees in my own history. 

    My grandfather was a naturalist and often pulled one of his tree-identification books from the bookshelf to show me an illustration. He kept a mental inventory of beautiful or rare trees he discovered as he drove the back roads of the deep south. I remember him pulling over and stopping the car to show me a tall Dawn Redwood in the neighborhood. He pointed to the tangled branches of the Monkey Puzzle tree in the yard of a grand old house at the edge of town. When the majestic Ginkgo trees at the small private college with which he was affiliated turned to gold, he took me to see them, waiting patiently while I gathered a handful of delicate heart and fan-shaped leaves that had fallen. One year he gave me a small Ginkgo. I planted it, moved it twice, and then finally left it behind as I moved away forever. As far as I know it is still there, an unmarked legacy to a man who loved nature and loved me.

    When I moved west to Spokane I immediately visited the city’s “tree garden,” the 56 acres of trees and shrubs at Finch Arboretum just west of downtown. I still go there sometimes. It is an excellent place to wander. 

    While I was at Arbor Day Farm, my daughter and son-in-law were in the process of buying their first home. I decided I would give them an Arbor Day Foundation membership as a housewarming gift so they could plant the 10 free trees that come with the membership in their new backyard. My son, another nature-lover who grew up to be the kind of man my grandfather would approve of, spent the winter studying the history and properties of that most majestic tree, the Douglas Fir. I decided he needed a membership as well and I know he will happily plant his ten tiny firs on the property surrounding his mountain cabin. I am intrigued by the foundation’s work on sustainable hazelnut farming as a way to provide nutrition and combat the effects of climate change. Joining that charter will give me three hazelnut bushes of my own.

    I still have a box of old photos that belonged to my grandparents and there are one or two faded, unmarked, photographs of trees that must have caught his eye for one reason or another. Looking at them I remember they were taken before cell phone cameras, that he didn’t just drive by and snap a photo the way I do now. He would have had to make a trip with a camera. Then the film or slide would have to be developed. This wasn’t a whim. It was a compulsion.

    I thought of that when I came across an old Arbor Day poster. It stated “Trees prevent wind erosion. They save moisture and protect crops.” True. But it was what was written after that that grabbed my attention and resonated in me. “Trees,” the poster declared, “contribute to human comfort and happiness.” And they do. 

    Beyond the indisputable environmental impact, there is an intimate connection between trees and the human spirit. Looking up at the constantly-changing sky through the branches of a tree, feeling the texture of the bark against our fingertips, breathing in the organic perfume of a living thing, we’re moved in subtle ways we don’t always stop to recognize. 

    Sometimes, like the Hawthorn outside my window, they simply remind us that there is a rhythm to life, a cycle of seasons that come and go and come again.

Note: National Arbor day is the last Friday in April but each state can set its own day. In Spokane, Arbor Day events will be held on Saturday, April 26.

Cheryl-Anne Millsap’s audio essays can be heard on Spokane Public Radio and on public radio stations across the country. She is the author of “Home Planet: A Life in Four Seasons” and can be reached at catmillsap@gmail.com

    Like so many others in Spokane, in the spring I go down to pay my respects to the river. Fed by snowmelt and rain, the Spokane River swells and grows and becomes, seemingly overnight, a powerful monster roaring through the canyon it has chewed through solid basalt. 

    This dramatic sight draws people of all ages and the spectacle takes your breath away. Water spills over the falls, churns, boils and foams sending curtains of fine mist, droplets of water that ride the wind, coating the bridges, paths and spectators before it rushes on, making its way to fill the aquifer that quenches this thirsty land.

    This year, with so much snow and rain falling so late in the season, the river is at its wildest, just under flood stage. We were there on Saturday afternoon and we walked along the path to the viewing platform at the base of the Monroe Street Bridge. That is one of my favorite places to see the falls and feel the incredible power. The land drops away at the edge of the rail, the ground vibrates and the sound makes conversation difficult. We stood for a few minutes admiring the view and taking photos before we strolled up another block to the Post Street Bridge. 

    From there I noticed a group of boys on bicycles ride down to the place we’d just been. Gathering at the rail, they were roughhousing as boys of that age do, pushing, punching, shadowboxing as they peered down at the water. Suddenly, one of the boys climbed up and dropped over the rail in one fluid motion, landing on the deceptively thin layer of spongy soil covering the slick rocks abutting the concrete arch of the big bridge. He moved to the edge of the steep slope that plunges down to the raging water. 

    My heart slammed against my ribs and I heard myself make an instinctive, involuntary, sound like a frightened animal. I was terrified he would slip at any minute. The ground was still soaked from days of rain and there was nothing to reach out and grab if he lost his footing. And the river, always dangerous, is completely unforgiving at this stage. Whatever falls into it is quickly gone forever. 

    I looked for my husband but he was out of sight. I raised my phone to call 911, sure that if I took my eyes off the boy he would be gone when I looked up, but at that moment one of his friends must have called him back because he turned and just as quickly hopped back to safety.

    “Oh, you stupid boy.” I whispered. “You stupid, lucky, boy.”  

    The group stayed another few minutes—long enough for me to snap a photo—and then hopped back on their bicycles and moved on, off to swagger and impress one another in other ways, I suppose. 

    I finally walked away but I was still trembling.

    I keep replaying the scene in my mind, thinking how one wrong step could have changed everything, but I doubt the boy has given it a second thought. 

    I know this is nothing new. 

    When my children were that age they laughed at my constant worry. They thought I was simply overprotective, but the truth is, I was unhinged. They had no idea how many dangers there were outside our door and I suppose I believed if I could think of it and warn them against it (whatever it was) I could somehow protect them. New fears would hit me in the middle of the night. What if… What if… What if…

    At that age—adolescence and early adulthood—we are vulnerable because we have not yet developed an awareness of just how fragile we truly are. Age, experience, and exposure to the shocking misfortune of others gradually brings on the understanding that at any given moment any of us is fair game to tragedy. Terrible things can happen when we least expect it.  

    Eventually, wisdom—and with it a greater chance of survival—comes with the understanding that the reckless make themselves better targets. So most of us grow cautious, careful. Some of us become worried mothers and fathers, nagging our children to take care.

    Perhaps one day, when he is a man and he’s watching a teenage son drive away, the same lucky boy will remember the day the river didn’t get him and he’ll call out,  “Hey, don’t do anything stupid!”

    But his boy will not look back, and the words will roll off his back like the clean, cool, spray from a waterfall. 

     Note: The group of boys mentioned in this column appears in the photo above.

Cheryl-Anne Millsap’s audio essays can be heard on Spokane Public Radio and on public radio stations across the country. She is the author of “Home Planet: A Life in Four Seasons” and can be reached at catmillsap@gmail.com

A man suspected of drunken driving had his keys confiscated by an off-duty Spokane County Sheriff's Deputy who witnessed the man trying to drive over some boulders near Liberty Park, according to court documents.

Wayne Pederson crashed his Toyota pickup near a trailhead at the park just south of Interstate 90 in Central Spokane earlier this week. A sheriff's deputy who was home at the time of the crash left his home to find Pederson trying to drive over a boulder that was blocking the trail, he told investigating officers.

Pederson then fell out of his truck, according to court documents. The deputy took Pederson's keys and called law enforcement, who arrived and conducted a sobriety test. The investigating officer listed Pederson's level of impairment as "obvious."

Pederson refused a breathalyzer and blood draw at the scene, according to court documents.

February 12 in a still-snow-buried Spokane passed quieter than the Denver Broncos locker room after Super Bowl XLVIII. Did you notice? Did you care? I did. I’ll admit I even held my breath a time or two as the Big Day approached because, well … You never know. Which is the point, naturally. Nobody can know – especially the boobs who put out that titillating and trashy online tale last fall that began like this: “The next mass shooting will take place on February 12, 2014, in Spokane, Washington.” Remember? I forgive you if you don’t. Memory loss, I’m convinced, is an unavoidable side effect of our so-called Information Age. Day-by-day. Hour-by-hour. Minute-by-minute/Doug Clark, SR. More here.

Thoughts?

The woman who lived with jailed Spokane developer Greg Jeffreys and was implicated in his schemes to defraud real estate investors was sentenced to seven months in prison last week after pleading guilty to concealing plots through ignorance and conspiracy.

Shannon Stiltner was also ordered to pay more than $58,000 in restitution to two defrauded investors by a federal judge at a sentencing hearing in U.S. District Court on Feb. 10. Jeffreys was originally slated to be sentenced last week as well, but that hearing was stayed as attorneys continue to stipulate the amount the former real estate developer owes, which may total in the millions.

In court documents asking U.S. District Court Judge Rosanna Malouf Peterson to accept the seven-month sentence, Stiltner said Jeffreys swept her off her feet after a failed marriage, guiding her drug-addicted daughter to sobriety.

"(Jeffreys') actions established a deep and powerful trust between him and Shannon," Stiltner's attorney, John McEntire, wrote.

That trust kept her from questioning Jeffreys' business deals, even after news reports began to indicate something was wrong, McEntire said.

Stiltner's sentence ends one chapter of a legal saga that has been ongoing since Jeffreys' arrest more than a year ago. Jeffreys' wife, Kimberly, continues her legal fight with a trial tentatively scheduled for April. Greg Jeffreys sentencing, at which dozens of witnesses are expected to testify about his alleged debts, will take place in March.

The sentencing of jailed developer Greg Jeffreys, who pleaded guilty to fraud and contempt charges in November, will take a little longer than planned, in part to accommodate the dozens of witnesses the former Ridpath Hotel investor plans to call on his behalf.

A U.S. District Court judge this week delayed a hearing, expected to last at least two days, at which Jeffreys is expected to dispute the amount owed numerous debtors listed in court filings. Scheduled for February, the sentencing and a decision on how much Jeffreys owes in restitution will not come until later in March.

In his request for the continuance, Jeffreys and his attorney cite an extensive witness list - including bankers, assessors and family members - as part of the reason for the needed delay. In total, Jeffreys plans to call more than 30 people to testify about his debts and character. Some of those he plans to call were involved in leasing deals at the Ridpath, Spokane's historic hotel whose revitalization was impeded by Jeffreys' legal woes.

Jeffreys was indicted in January 2013 on multiple federal counts of bank and wire fraud, money laundering and theft tied to real estate dealings and developments that never materialized. Jeffreys and his wife, Kimberly, were implicated in a plot to steal federal government money when constructing a military entrance processing station off Highway 2. Employee Shannon Stiltner, who allegedly shared a casino suite with Jeffreys in Las Vegas, also pleaded guilty in November to concealing knowledge of a Ponzi scheme.

Stiltner's sentencing is still set for February.

Mayor Condon will declare Monday as Sergeant Jacob M. Hess Day in honor of the fallen Marine who attended North Central High School. Full proclamation:

“WHEREAS, the City of Spokane seeks to honor all veterans who serve to protect the freedoms we enjoy as citizens of the United States, especially those Spokane natives who embody the virtues that our community holds dear; and

WHEREAS, Sergeant Jacob M. Hess gave his life for our country while supporting combat operations in the Helmand Province, Afghanistan while assigned to Marine Aviation Logistics Squadron 26, Marine Aircraft Group 26, 2nd Marine Aircraft Wing, II Marine Expeditionary Force, Camp Lejeune, N.C.; and

    When Holland America Line launched “Dancing with the Stars: At Sea” in 2013, the dance-themed cruises, featuring up-close-and-personal access to the performers and celebrities of the long running ABC show, were an immediate hit. The cruise program was so popular it will return in 2014. 

    While all 15 of Holland America’s ships will include some elements of “Dancing With the Stars" programming, with free dance lessons from the ship’s dance professionals and a dance-off competition to compete for a chance to be one of the 15 ship champions to sail on the 2014 Champions Caribbean cruise, the good news for Northwest “Dancing with the Stars: At Sea” fans is that four of the six special 2014 theme cruises featuring dancers and celebrities from the popular show will be 7-day Alaska cruises sailing out of Seattle, WA and Vancouver, B.C.  

    The ms Zuiderdam will sail June 14 and June 21 from Vancouver, BC.

    The ms Westerdam will sail from Seattle, WA., on July 26 and Aug. 2,

    These “Dancing with the Stars: At Sea” theme cruises will feature special performances, dance lessons with the ship’s professional dancers and meet-and-greet and photo opportunities with the celebs. At this time, DWTS dancers scheduled to sail on all six theme cruises are professional dancers Tristan MacManus and Kym Johnson, with television personality Carson Kressley and actress Sabrina Bryan.

    The Dec 6, 2014 Champions Cruise will bring the 15 winning guests (one from each ship) from the "Dancing with the Stars: At Sea" competitions currently being held on all ships in the Holland America fleet through Oct. 22, 2014, for a final dance competition and the chance to be named Holland America Line’s “Dancing with the Stars: At Sea” Champion. 

For more information about Holland America “Dancing with the Stars at Sea” cruises go to www.hollandamerica.com or contact your travel agent.

Note: I was on the “Dancing with the Stars: At Sea” cruise on the ms Veendam last spring, sailing from Quebec City to Boston.  You can read about that voyage here.

Cheryl-Anne Millsap is a travel writer whose audio essays can be heard on Spokane Public Radio and on public radio stations across the country. She is the author of ‘Home Planet: A Life in Four Seasons’ and can be reached at catmillsap@gmail.com

CYCLING — I've just learned that the city of Spokane is eliminating its Bicycle and Pedestrian Coordinator position.

As of Dec. 21, Grant Wencel, who's held the postion for more than four years, will be terminated and the job will go dark.

Here is a reaction from Bradley Bleck, who's been closely involved with the recent advances in bicycling routes and status in city transportation planning:

As someone who has served on the (Bicycling Advisory Board) for nearly seven years as a volunteer and member, who worked to help bring a bike/ped coordinator to the city, I can only see it as a significant step in the wrong direction, one that will make both recreational and utilitarian cycling in the city much less a priority. 

11 21 13 WSU Gonzaga Box

   I suppose you could argue that an artist, especially someone from a family of artists, would naturally be sentimental about artwork. But ceramic artist Gina Freuen’s love for a particular painting is more about the memories within it than the work itself.

   “The painting was done by my mother when she was 33 years old and I was 5.  Mom is 90 now.  It is a painting of my great Aunt Maggie sitting in a rocking chair, with a curio cupboard behind her, book shelves and a window that looks out at a path that leads away from the house,” Freuen says. “ My mother painted this painting with naive skills.  The rocker floats and the feet sit lower than the chair, but it shows the skills she was developing in becoming a wonderful painter in her mature years.  

   Freuen rescued the painting from her parents’ garage sale many years ago as they prepared to retire and move to the Oregon Coast.

   "They had visions of a new, fun, retirement life and all of this old stuff had to go,” she says.

   To Freuen,  the history of four generations of women in her family is captured by her mother’s brush strokes and she couldn’t let it slip out of her hands. She brought it home with several other special pieces.

   “My Great Aunt Maggie lived in the original homestead up in Almira, Washington.  Our trips up there as children were looked forward to for weeks,” she says. “The path leading to the house (is) imprinted on my mind.  When I picture the house, I picture the path.  I picture      Great Aunt Maggie standing at the door.” 

   The house still stands and now Maggie’s daughter, Eileen, lives there. The curio in the painting is still there. The bookshelves are still there. The path is still there.

   But the painting holds a deeper significance in Freuen’s eyes.

   “As mother moved into her Alzheimer years she lost her ability to paint, so having one of her early paintings is very important to me.  She has never recognized the painting as one she values because she only sees skills that needed to be better,”Freuen says. “It could be said that memories are the most important to us not objects; this painting holds my most cherished memories.”  

     “If my house were to catch fire, I would grab it and run.”

Cheryl-Anne Millsap’s audio essays can be heard each week Spokane Public Radio. She is the author of ‘Home Planet: A Life in Four Seasons’ and can be reached at catmillsap@gmail.com

Conservatives in Spokane, take heart. Your U.S. senators, governor and roughly half your city council may be Democrats or liberals, but you live in the 12th best city for conservatives.

This according to Estately, a web site for  house shopping that claims to have some 976,000 MLS listings. True, the web site only lists 13 cities, so Spokane almost didn't make the baker's dozen topped by Oklahoma City. But it did manage to make the grade, even if it seems like the authors were a bit selective in the conservative points they picked.

Washington state  is divided in half like a McDonald’s McDLT. The west side is the left side, the rainy and wet side, the urban side filled with Seattle liberals. On the east side of the Cascade Mountains is the state’s Republican stronghold, a population of ranchers, farmers, and others actively trying to create a separate state independent from Western Washington. Spokane is the metropolitan center for Eastern Washington, as well as the Inland Northwest. It’s the largest city between Seattle and Minneapolis and the most conservative large city in the Pacific Northwest.

 Among the "famous locals" they list Bing Crosby, Craig T. Nelson, John Stockton and Ryne Sandberg.

In order to enhance Spokane's Red Cred, they also say the percent voting for President Obama in 2012 was 45.6 percent, parenthetically adding that's a Spokane County total. And that's true, as far as it goes. The county total has some deeply red precincts from Spokane Valley, Mead, the suburbs and the exurbs. The actual vote for Obama in the City of Spokane was 56 percent.