CAL FIRE drops demand for $2.9 million from charity

Carousel Ranch bill for Buckweed Fire goes up in smoke

CalFire rescinds its demand for $2.9 million in Buckweed Fire costs

State fire officials Monday backed down from their demand for $2.9 million from Carousel Ranch, a local children's-aid charity.

The change of heart came after local elected officials went to bat for the Agua Dulce organization, which was billed for the cost of fighting the October 2007 Buckweed Fire.

"This is fabulous news," said Carousel Ranch's director Denise Tomey minutes after she heard CalFire was rescinding its letter on Monday.

"That means we are no longer being held responsible," Tomey said. "We've been very (stressed) over what something like that could to do our organization."

Carousel Ranch is a charity that provides therapy for more than 90 handicapped children through specialized interaction with horses.

The organization received a letter from The California Department of Forestry and Fire Protection on March 26 demanding $2.9 million to cover the cost of fighting the Buckweed Fire.

Tomey called upon state Sen. George Runner, R-Lancaster, and Assemblyman Cameron Smyth, R-Santa Clarita, for help, as she believed the ranch was not responsible for the fire.

Following an earlier meeting with the representatives, a CalFire spokeswoman confirmed Monday evening the department would rescind its letter.

The fire destroyed 21 homes in the Santa Clarita Valley and ravaged more than 38,000 acres, mostly in Saugus and Canyon Country, in October 2007.

It was accidentally started Oct. 21 by the 10-year-old son of a ranch employee.

In November 2007, the county District Attorney's office decided not to file charges against the boy, who was playing with matches during winds as high as 70 mph.

"We were closed, we had no control, it wasn't a child from our program, it wasn't our employee and it wasn't on the property," Tomey said Thursday.

Tomey said in 2007 the fire's origin was 30 feet off the property.

A CalFire legislation official met with Smyth's Deputy Chief of Staff Kevin O'Neill and Runner's Deputy Chief of Staff Will Smith in Sacramento on Monday afternoon.

O'Neill and Smith presented a letter jointly signed by Smyth and Runner requesting CalFire look deeper into the situation and extend the 30-day deadline to pay the $2.9 million.

"Basically, based on preliminary reports, so-called letters of demand are sent to any party that we in good faith believe may be potentially liable for starting a fire. This is done in efforts to recover taxpayer dollars that are spent in suppressing fires," said Janet Upton, a CalFire spokeswoman.

"In this particular case, information that would typically be brought forth during the litigation process was brought to light early in a letter that the ranch sent to elected representatives Senator Runner and Assemblyman Smyth. In response to their inquiry to us, the letter of demand will be rescinded."

Smyth said CalFire was quick to respond to concerns.

"We just had the meeting ... and obviously, we conveyed that going after a nonprofit like Carousel Ranch was definitely not the best course of action," he said Monday. "They agreed, to their credit."

"When a nonprofit has made such a tremendous commitment and done so much for the community ... for them to be caught in the middle of something like this is not right and we're happy we could help out," Smyth said.

Runner said while he supports keeping individuals accountable for creating an expense to the state, that "was certainly not the case here."

"I think in their view, rightfully so, on paper it kind of met some criteria they had. But once they understood the issue and the facts, they saw that it was the right thing to do," Runner said.

Tomey said she is grateful to Smyth and Runner's office for their help.

"That's certainly (the outcome) we were hoping for," she said.

Source: www.the-signal.com - Link
Previous related post: Charity gets $2.9 million bill from CAL FIRE

Charity gets $2.9 million bill from CAL FIRE

Carousel Ranch told to pay up

Charity receives letter demanding $2.9 million in recovery fees for 2007 Buckweed Fire

Carousel Ranch, a charity that helps disabled children through therapy on horseback, has been slapped with a $2.9 million bill for the cost of fighting the 2007 Buckweed Fire.

The California Department of Forestry and Fire Protection sent a letter to Carousel Ranch demanding compensation, the ranch's executive director, Denise Tomey, said Thursday.

The fire, which destroyed 21 homes in the Santa Clarita Valley, was started by a child who lived at the ranch.

"A letter of demand has been issued for the civil cost of recovery for cost of fighting the fire, which means it will go into litigation, so I can't elaborate any further on it," Daniel Berlant of CalFire said Thursday.

"It's not about punishing them for the fire. It's about recouping the cost that the state paid for the fire."

In November 2007, the county District Attorney's office decided not to file charges against the 10-year old boy who was playing with matches during high winds, touching off the blaze.

The Buckweed Fire ravaged more than 38,000 acres, mostly in Saugus and Canyon Country, in October 2007.

The boy's father, a caretaker at Carousel Ranch, still works at the Agua Dulce horse ranch, Tomey said Thursday.

In November 2007 Tomey had said the fire started about 30 feet outside the Carousel property.

Tomey said she was shocked when she received the letter on March 26, requesting that the fee be paid within 30 days.

The ranch is a nonprofit organization that provides therapy for more than 90 handicapped children through specialized interaction with horses.

"I'm hoping that it's reconsidered because we are truly not responsible for starting that fire," Tomey said. "We were closed, we had no control, it wasn't a child from our program, it wasn't our employee and it wasn't on the property."

"That kind of money would bankrupt our organization and cause us to close," Tomey added. "That would be a shame for the children we service and services we provide to this valley."

After being contacted by Carousel Ranch, Assemblyman Cameron Smyth's office said it will attempt to help.

"We're going to take the letter Carousel Ranch sent us and we're going to, on behalf of Assemblyman Smyth, send a letter to CalFire asking them to look more into the situation and to find out if there is an appeal process for this fee," said Jarrod DeGonia, district director for Smyth, R-Santa Clarita.

DeGonia said Smyth's office will go through CalFire to determine the process for appeals, but first it will try to extend the 30-day deadline.

"It's an extraordinary amount, a huge fee for a nonprofit organization, especially when Carousel Ranch is claiming the fire started on a neighboring property, not on their property," DeGonia added.

Berlant said CalFire does not assign guilt. As the case goes into litigation, Carousel Ranch can present its case, he said.

"It's under the health and safety code that authorizes CalFire to recover the costs of suppression if there is negligence or violation of law," he said.

"Litigation allows somebody to give their case to the court system. We don't get to assign guilt; the courts do that."

Nancy Pitchford, the founder and executive director of Heads Up Therapy on Horseback - a therapeutic treatment program for children suffering from conditions including autism and muscular dystrophy - said she won't pass any judgment on Carousel Ranch, even though the Heads Up ranch was completely destroyed and an employee severely burned by the Buckweed Fire.

"Anything like that, to any business of any kind, I'm sure will be a burden," she said of the $2.9 million bill.

"But I was not there, so I will not judge them. God loves us and saved us and our horses, and that's what I'm grateful for."

Editors note: The blaze, known as the Buckweed fire, Which began on October 21 and was initially blamed on downed power lines ultimately consumed 38,356 acres, destroyed more than a dozen homes and caused 7.4 million dollars damage.

Southern California Firestorm: The Buckweed fire, was one of a number of late season 2007 wildfires which were record setting in Californian history, left eight people dead, destroyed over 2,000 homes and displaced over 640,000 people during the evacuations.

Source: www.the-signal.com - Link
Carousel Ranch website: http://www.carouselranch.org/

Prosecutors: Boy who accidentally started California fire won't be charged

LOS ANGELES (Cal Fire News) — Los Angeles County officials said Tuesday that a boy who accidentally started one of the devastating wildfires that ravaged California last month after playing with matches will not be prosecuted.

The Los Angeles County District Attorney's Office said the 10-year-old had not intended to ignite the blaze, which scorched 38,000 acres (15,400 hectares), destroyed more than a dozen homes and caused 7.4 million dollars damage.

The boy's case will instead be referred to the Los Angeles Department of Children and Family Services to determine if any other intervention is necessary, officials said.

The blaze, known as the Buckweed fire, Which began on October 21 and was initially blamed on downed power lines ultimately consumed 38,356 acres.

The wildfires were record setting in Californian history, left eight people dead, destroyed over 2,000 homes and displaced over 640,000 people during the evacuations.