8 — THE BAKER COUNTY PRESS
FRIDAY, MARCH 20, 2015
Local
County Planning Commissioner Langrell case
considers Halfway’s lagoon project
Continued from Page 1
By Todd Arriola
Todd@TheBakerCountyPress.com
The Baker County Plan-
ning Commission held its
regular meeting on Thurs-
day, February 26, 2015, 6
p.m., in the Commission-
ers’ Chambers of the Baker
County Courthouse. The
focus of the meeting was a
public hearing concerning
a request for a Conditional
Use Permit, CU-15-001,
for the City of Halfway’s
treated wastewater storage
lagoon.
Present from the Com-
mission were Alice Trin-
dle, Chair, Lauri Hoopes,
Vice Chair, Jim Grove,
Commissioner, and Randy
Joseph, Commissioner.
Present from the Baker
County Planning Depart-
ment were Holly Kerns,
Planning Director, Kevin
Berryman, Planning Assis-
tant, Kelly Howsley-Glov-
er, Planner, and Eva Ceder,
newly-hired Planner.
Trindle called the meet-
ing to order, and informed
those present of the public
hearing guidelines, includ-
ing those concerning
testimony, comments and
questions. She asked, with
pauses in between each
question, if there were any
challenges to the jurisdic-
tion of the Commission to
hear the matter, whether
there were any conflicts
of interest or personal
biases to be declared by a
Commission member, and
whether there had been any
ex-parte contacts regarding
the upcoming matter that
a Commission member
needed to declare, and the
response was negative in
all cases.
The first order of bus -
ness was review of the
minutes from the January
22, 2015 meeting. Hoopes
pointed out a discrepancy
in the order of testimony
given concerning an
Extension of Time for
Plan Amendment, PA-
07-005, on page 4 of the
minutes, and that a motion
to nominate Trindle as
Chair and Hoopes as Vice
Chair, on page 7 of the
minutes, should read that
Jones made the motion,
with a second from Dunn.
Joseph mentioned a letter
submitted by Mark and
Lisa Butler in opposition
to the extension, that was
not summarized in the
minutes, and Kerns said
there was mention of the
testimony entered into the
record as Exhibit “G” on
page 3 of the minutes. Jo-
seph said written testimony
should appear the same as
oral testimony in the min-
utes, and the matter was
discussed. The minutes
were approved, with the
corrections noted, with a
motion from Joseph, and a
second from Hoopes.
Howsley-Glover in-
troduced the next order
of business, the permit
request, and gave some
details, including the
purpose and the locations
associated with the request.
A 53-page staff report was
completed on February 18,
2015, and this document,
along with two maps pre-
pared by Anderson Perry &
Associates, Inc. in January,
2015, were provided to
those present.
The request, made by the
City of Halfway, involves
a Conditional Use Permit,
CU-15-001, for a Major
Utility Facility, to add a
new treated wastewater
storage lagoon facility
on two parcels totaling
over 515.77 acres, located
in Halfway, on Tax Lots
1100 and 3200, in Sections
17 and 20, of Township
8 South, Range 46 East,
W.M., Baker County.
Also, the request in-
volves the development of
transmission lines from the
current location of Half-
way’s lagoons to the stor-
age facility, starting at the
existing City of Halfway
Facility, and proposed to
cross from Tax Lot 1600 to
1800 to 1100 of Sections
17 of Township 8 South,
Range 46 East, W.M.,
Baker County, and end at
Tax Lot 3200 of Section
20, Township 8 South,
Range 46 East, W.M.,
Baker County.
The narrative included
with the Conditional Use
application stated that the
City of Halfway recently
completed a Wastewater
Facility Plan (WWFP)
Update, and there was
found a need to improve
the existing collection and
treatment systems. The
Update addressed antici-
pated regulatory changes
impacting Halfway’s abil-
ity to continue discharg-
ing treated wastewater to
Pine Creek, and there was
an approach developed
to reduce potential flood
impacts on the existing
wastewater treatment
system.
Ed Hibbard, of Anderson
Perry & Associates, Inc.,
representing the applicant,
was present to provide
more in-depth details about
the application to Commis-
sion members. “We’re fi -
ing some water treatment
issues within the City, but
the City is going to go to
a land application of their
wastewater,” he said. Cur-
rently, discharge during the
winter is into Pine Creek,
he said, and in the sum-
mer, application is into 13
acres the City owns. The
land application site has
been operated for around
13 years, and the site is too
small to handle volume,
he said.
Last fall, Hibbard said,
studies were performed in
the area, and there were
four potentially suitable
sites, and property owned
by George and Marcia
Gover was determined to
be the best site. The agree-
ment would be that every-
one, including the Govers,
would benefit from the
project, and other property
owners were also contacted
about the potential routes.
Three property owners are
involved with the project:
the Govers, Mike Becker,
and Greg Buchanan. Hib-
bard said, “It’s a 7,000 foot
pipeline, going to a storage
site that is approximately
16 acres in size.”
There are expected to
be five man holes along
the pipeline, and indica-
tor posts located next to a
fence, for identifying the
locations of the holes. The
Govers have a 120-acre
center pivot, which will be
replaced, Hibbard said.
Two existing utilities, a
fiber optic line, and a co -
per telephone line, will be
relocated, as will an elec-
trical power line, he said.
Hibbard continued
describing the project,
using maps displayed on
the County’s Smart Board
screen, with details such as
dam construction, overflow
concerns, etc. He said that
currently, an environmen-
tal review is underway,
and the plan is to have the
project ready for a bid by
June, and to get started at
some point this year, with
a completion around spring
or summer next year.
The testimony was
closed, as Hibbard was the
only one testifying for ap-
proval of the project, and
no one was present to tes-
tify against. Joseph moved
to approve CU-15-001,
with some changes made
previously to reflect co -
rected criteria, and staff’s
conditions of approval,
with a second from Grove.
The motion carried.
Howsley-Glover read a
brief statement about the
notice and appeals pro-
cess, and Trindle thanked
everyone present for their
attendance and for the
testimony. The Commis-
sion was informed by
Page Fredreckson, City
of Halfway Public Works
Director and Wastewater
Manager, who wrote the
grants for the project, that
the total project funding
was $4.8 million, mostly
grants, and was considered
to be the largest amount for
a funding package received
by a city in Oregon.
Kerns gave a Director’s
Report, and she introduced
Ceder, who began work
as the new Planner at the
beginning of February.
Ceder, born and raised in
Juneau, Alaska, is a 2011
University of Oregon
graduate, and, she said at
a later date, she’s “excited
for the opportunity to work
with and serve Baker City/
County professionally.”
Trindle read a letter
written by Linda Wicker,
resigning her Commission
position, which said, “My
family circumstances have
changed, and I can longer
devote the necessary time
to be an effective member
of the Baker County Plan-
ning Commission. Effec-
tive immediately, I’m re-
signing from the Planning
Commission. I would like
to take this opportunity to
thank my fellow Planning
Commissioners for their
kind support in making my
tenure such a pleasant and
worthwhile experience.
Yours sincerely, Linda
Wicker.”
The meeting was ad-
journed shortly thereafter,
with a motion from Grove,
and a second from Hoopes.
City of Sumpter earns best surface
water of 2015 award
The Oregon Association
of Water Utilities’ 37th An-
nual Technical and Man-
agement Conference, held
each March at the Sunriver
Resort, proved to be suc-
cessful for all attendees.
At the annual awards ban-
quet the City of Sumpter
was named as the Best
Surface Water in Oregon
for the 2015 year.
The City of Sumpter
has excellent water, which
was proven this year by
an unbiased panel of four
judges who blind taste
tested drinking water from
around Oregon, judging
it on clarity, bouquet, and
taste.
The City of Sumpter
has been a member of the
Oregon Association of Wa-
ter Utilities (OAWU) since
December of 1987.
OAWU is a non-profit
organization with over
700 members and serves
The ruling continues, “Plaintiffs will prevail on their
partial summary judgement against the Defendant’s sec-
ond, third and fourth affirmative defenses. Parties entered
into a written agreement and the Parole [sic] Evidence
Rule prevents these defenses.”
The Parol Evidence Rule is a common law rule that
prevents outside evidence from being presented to a
written contract, particularly if it changes or adds to the
meaning of that contract.
The ruling means that the City will not be able to
include the cover letter that went with the Annexation
Consent agreement, which spoke to the double sewer and
water fees, nor will it be allowed to include minutes of a
City Council meeting during which Langrell also spoke
to the issue. Any testimony from past City management
and staff, which was mentioned during the February
hearing, claiming that Langrell verbally agreed in their
presence to the double sewer and water rates would also
be prohibited.
The Consent to Annexation agreement, which is silent
on the matter of sewer and water rates, will stand on its
own.
At present, it is unclear what the City’s next move will
be—to propose a settlement or to regroup with a revised
defense and continue to trial in April.
Though the Langrells seek about $9,000 in their suit,
the total paid $39,435.89, could mean an outcome of
more than the $9,000.
The issue will be addressed at next week’s City Council
meeting after the attorney for the Defense has had a
chance to read the ruling and advise the client.
MayDay speaks
against dating
violence
Where does domestic violence come from? How does
it start? In many cases the problems can first surface in
teen dating relationships. And many of the dating issues
are similar to those in adult domestic violence cases.
In order to head off the tragedy of domestic violence,
staff members from MayDay, Inc. in Baker City have
been visiting high schools throughout the county. They
have shared information with students about both healthy
and unhealthy relationships and about the cycle of abuse.
During the presentations, students learn about warning
signs such as jealousy, mistreatment of others, excessive
control, and pressure for sexual behavior. They also hear
how texting and other technology are used by abusive
partners.
Students are asked to list some of the physical, emo-
tional, and other consequences of teen dating abuse. They
also learn about ways to avoid unhealthy relationships
and how to help a friend who is in one.
The program is intended to help schools implement
Oregon’s “Healthy Teen Relationship Act,” which was
passed in 2013. The state reports that, “Nearly 1.5 mil-
lion high school students nationwide experience physical
abuse from a dating partner in a single year.” In addition,
“One in ten high school students has been purposefully
hit, slapped, or physically hurt by a boyfriend or girl-
friend.”
Most parents never know of the abuse. MayDay
emphasizes talking to a trusted adult in order to counter
the broader trend – “Only 33% of teens who were in an
abusive relationship ever told anyone about the abuse.”
To provide support, MayDay offers its 24-hour crisis line
number: 541-523-4134 or toll free1-888-213-4134.
By the end of March, the program will be presented
to classes in each of Baker County’s four public high
schools. It is also available to private schools or other
groups. The program is funded through a combination of
sources including grants and donations to MayDay.
For more information or to make a donation, people
should contact MayDay at 541-523-9472 or stop by the
office at 1834 Main Street in Baker Cit . Information is
also available on the agency’s website at www.mayday-
inc.net.
MayDay’s services are free and confidential for anyone
who needs them.
Bentz changes
wording in
impersonation bill
Rep. Cliff Bentz has announced an amendment to
House Bill 3092 regarding online impersonation. The ref-
erence to allowing filing of a lawsuit for feeling "humil -
ated" has been stricken. The rest of the bill remains as it
was previously. The Baker County Press outlined similar
thoughts regarding the humiliation wording in last week's
editorial.
Kerry McQuisten / The Baker County Press
When stopping the see Sumpter’s attractions, tourists might now want to try a
taste of the water.
Oregon’s water and waste-
water utilities in hands-on
training and technical
services. The association
serves as a legislative
liaison and is active in
supporting legislation that
improves the utilities that
serve Oregon’s residents.
Courthouse hours expand
The Baker County Courthouse has expanded its hours
and will now remain open during lunch for those who
need to conduct their business during that time. The
Courthouse hours will be from 8 a.m. to 5 p.m. Monday
through Friday.