8 — THE BAKER COUNTY PRESS
FRIDAY, JUNE 19, 2015
Local
County adopts $25.7 million budget, Sumpter
agrees to purchase ODOT buildings lawsuit
BY TODD ARRIOLA
Todd@TheBakerCountyPress.com
The Baker County
Board of Commissioners
met on Wednesday with
all the Board present. The
attendees included Plan-
ning Director Holly Kerns,
Planner Eva Ceder, District
Attorney Matt Shirtcliff,
Administrative Service
Director Christena Cook,
Powder Basin Watershed
Council (PBWC) Execu-
tive Director Johanna Se-
dell, PBWC Chair Nancy
Rorick, Ed Hardt, Lorrie
Harvey, John and Ramona
Creighton, Ken Anderson,
Wanda Ballard, Alice
Knapp, Lea Hoover, Bruce
Morrison, and Mark and
Yvonne Wood.
Citizen Participation.
Hardt took the floor first,
mentioning concerns about
Order No. 2015-124, Peti-
tion for the Vacation of a
Portion of Robinette Road.
This item was on the
agenda, but was postponed
until the July 1 session.
Hardt discussed vandal-
ism along that road, stating
specifically that there are
issues with some there and
along other roads, and that
vandalism shouldn’t be the
cause for road closures.
He mentioned green trees
were purposely being
felled by contractors work-
ing with the U.S. Forest
Service across roads in
order to block traffic, and
questioned whether this
practice is legal.
Morrison said that more
law enforcement is needed
at night in Baker County,
also talking about vandal-
ism and theft, among other
issues.
Ramona Creighton
suggested installing some
cameras for security
purposes, and Bennett re-
sponded that Baker County
Sheriff Travis Ash is work-
ing on addressing issues
with vandalism, theft, etc.
Resolutions.
Resolution No. 2015-
1009, Appropriation
Transfer Within The
2014-2015 Budget Within
The Non-Departmental
Department Of The School
Based Clinic Fund, was
adopted, with a motion
from Bennett, and a second
from Kerns. The changes
in expenditures are as
follows: a $5,000 increase
in Mental Health Support
Staff, a $1,000 increase in
Group Insurance, a $1,000
increase in Retirement, and
a $1,000 increase in Social
Security, and an $8,000
from Contract Mental
Health.
Resolution No. 2015-
1010, Appropriation Of
Unanticipated Funds To Be
Expended In The Non-
Departmental Department
Of The County Health
Fund, was adopted, with a
motion from Bennett, and
a second from Kerns. The
changes in revenues are as
follows: a $10,000 increase
in Public Health Adminis-
tration-MAC. The changes
in expenditures are as
follows: $2,500 increase
in Repair/Maintenance
Vehicles, a $2,500 increase
in Travel/Training, and a
$5,000 increase in Public
Health Administration.
Resolution No. 2015-
1011, Appropriation Of
Unanticipated Funds
To Be Expended In The
WIC Department Of The
Count Health Fund, was
approved. The changes in
revenues are as follows:
a $1,784 increase in WIC
OR Health Grant. The
changes in expenditures
are as follows: a $1,784
increase in Office Supplies.
Planning.
The findings of the
County Planning Depart-
ment concerning Zoning
Map and Comprehensive
Land Use Plan Amend-
ment, PA-15-001, were
adopted, with a motion
from Bennett, and a second
from Kerns. This Plan
Amendment was requested
in order to re-zone a
single parcel of land from
Primary Forest (PF) to
Timber-Grazing (TG). The
location is Tax Lot 100 of
Township 10 South, Range
39 East, Section 29, off of
Highway 7, east-southeast
of Sumpter. Prior to adop-
tion, Yvonne Wood testi-
fied in favor of the Amend-
ment, discussing details
about the property, and the
desire of the owner, Leona
Jones, to rebuild a cabin
which had previously been
lost due to fire.
Ordinances, Orders
and Resolutions.
The first reading of
Ordinance No. 2015-03,
Amending The Zoning
Map Adopted By Ordi-
nance 84-1, by title only,
was completed, first with
a motion from Bennett,
and a second from Kerns.
As this is part of a hear-
ing process concerning the
aforementioned property,
Bennett moved, with a
second from Kerns, to con-
tinue the hearing to July 1,
2015, at 10 a.m.
Eastern Oregon Commu-
nity Based Services Hub
Bylaws, drafted in May
2013, and amended in May
2015, were approved, with
a motion from Bennett, and
a second from Kerns. The
purpose of the Hub, which
includes Baker, Malheur
and Wallowa Counties, is
to “…support families to
help their children attain
positive goals and a suc-
cessful life, while bringing
local communities together
to provide a more stream-
lined, efficient system, to
interact and share suc-
cessful practices and be
collectively responsible for
the outcomes of Eastern
Oregon’s children.”
Order No. 2015-125,
Re-Appointing Members
To The Early Learning
Regional Council, was ap-
proved, with a motion from
Kerns, and a second from
Bennett. Andrew Bryan
and Gwen O’Neal were
re-appointed, with terms
through June 30, 2017.
Bennett moved, with a
second from Kerns, to re-
sume discussion on Order
No. 2015-126, Designat-
ing A Paper Of Record, at
the July 1, 2015 session,
because more information
from area newspapers con-
cerning publishing rates,
etc. needed for a decision.
Tax Resolution No.
98-01 was approved,
with a motion from Ben-
nett, and a second from
Kerns. The excess total
of $2,540.77 in real and
personal property taxes
will be refunded to: Daniel
Christensen, $584.78;
Steven Nagy, $387.29;
Aaron Still, $316.96;
Del Stout, $305.57; Leaf
Financial Corporation,
$286.28; Howard and San-
dra Britton, $219.33; John
McLean, $215.23; Sid
Prowell, $150.55; Patricia
Matheson, $58.67; Wells
Fargo Leasing, Inc, $9.50;
and Cascade Utilities,
$6.61.
Resolution No. 2015-
1005, Appropriation
Transfer Within The
2014-2015 Budget Within
The Non-Departmental
Department Of The County
Clerk Records Fund, was
adopted, with a motion
from Bennett, and second
from Kerns. The change
in expenditures was $3,000
increase in Equipment,
from Capital Outlay.
The Re-Promulgation of
the Baker County Emer-
gency Operations Plan was
adopted. According to the
staff report, “The Emer-
gency Operations Plan is
an all-hazard plan that de-
scribes how Baker County
will organize and respond
to emergencies and
disasters in the commu-
nity. It is based on, and is
compatible with, Federal,
State of Oregon, and other
applicable laws, regula-
tions, plans, and policies,
including the National
Response Framework and
the State of Oregon Emer-
gency Management Plan.
Baker County has adopted
principles of the National
Incident Management
System and the Incident
Command System.”
Resolution No. 2015-
1008, Appropriation Trans-
fer Within The 2014-2015
Budget Within The Non-
Departmental Department
Of The Fair Board Fund,
was adopted, with a motion
from Bennett, and a second
from Kerns. The changes
in expenditures are as
follows: a $3,000 increase
in Fair Manager, and a
$500 increase in Workers
Compensation, from Re-
pair/Maintenance/Supply
($2,000), Repair/Mainte-
nance Vehicle ($500), and
Travel ($1,000).
A Professional Services
Agreement between Baker
County and contractor Pat
Heriza was approved. This
agreement is for services
as a Court-Connected
Domestic Relations Me-
diator, at the rate of $100
per hour. An agreement
between Baker County
and contractor Heather K.
Wood for the same ser-
vices and pay rate was also
approved, with a motion
from Bennett, and a second
from Kerns.
Agreement No. 30542,
between Baker County
and the Oregon Depart-
ment of Transportation
(ODOT), was approved.
The agreement provides
financial support for spe-
cial transportation services
benefiting seniors and in-
dividuals with disabilities,
and the budget is listed as
$160,000.
2015-2017 Intergov-
ernmental Agreement #
147781, for the Financing
of Community Addictions
and Mental Health Ser-
vices, was approved.
A Memorandum of
Understanding between
the City of Baker City/
Baker City Fire Depart-
ment and Baker County
was approved. This
memorandum, accord-
ing to the document, “…
sets forth the terms and
understanding between the
Baker City Fire Depart-
ment and the County of
Baker to share resources to
improve response capa-
bilities for the Baker City
Fire Department and to
improve and expand the
program responsibilities
of the Baker County Fire
Division Manager.”
Resolution No. 2015-
1006, Declaring The Ad
Valorem Property Tax And
Categorizing The Property
Tax Limitation For Baker
County For 2015-2016,
was adopted, with a motion
from Bennett, and a second
from Kerns. The adopted
tax rate is $3.7286 per
$1,000 of assessed value,
and $90,000 in Local Op-
tion tax for weed control
operations.
Resolution No. 2015-
1007, Adopting The
2015-2016 Baker County
Budget And Making Ap-
propriations There Of,
was adopted, a total of
$25,720,687.
The classification of
Museum Assistant was
approved, with a motion
from Bennett, and a second
from Kerns. This will be a
half-time or less position,
without eligibility for ben-
efits. This was requested
because the contractor who
performed the work previ-
ously relocated.
The classification of
Natural Resource Coordi-
nator was approved, with a
motion from Bennett, and
a second from Kerns. This
position will be half-time,
with pro-rated benefits,
with a starting salary of
around $20,000.
Shirtcliff discussed
public meeting notice
requirements, reading
Oregon Revised Statutes
(ORS) 192.640, and giving
his recommendation to
the Board, which includes
publishing an agenda at
least by the Friday previ-
ous to the next scheduled
meeting. He also recom-
mended that, if there are
anticipated or controversial
topics to be presented dur-
ing citizen participation,
these could be added to the
agenda and notice given
when possible.
Sedell and Rorick gave
the Board a presentation
regarding the PBWC, and
its 2014 Annual Report.
This report is associated
with a request for in-kind
support. The mission of
the PBWC is to “…pro-
mote, restore, and enhance
the health of our water-
sheds through the coopera-
tion of all stakeholders.”
The Board was pro-
vided with an invoice from
Andy Rieber, who was
contracted to review and
make recommendations on
the revision of the Baker
County Natural Resource
Plan. Rieber, from Adel,
Oregon, was expected to
originally need 10 hours
to complete this service,
however, she actually spent
42 hours in total. At an
hourly fee of $100, her in-
voice totaled $4,200. With
a motion from Bennett,
and a second from Kerns,
payment of the invoice was
approved.
After a break, Harvey
called to order an executive
session to discuss details
of property purchases in
relation to the old ODOT
building, with Facilities
Maintenance Foreman Dan
McQuisten. After clos-
ing that session, and again
back into the regular ses-
sion, Kerns moved, with
a second from Harvey, to
purchase property at 13th
and E Streets, for $55,000
plus closing costs. This
property adjoins property
the County already owns.
After some further discus-
sion, Harvey moved, with
a second from Kerns, to
purchase the old ODOT
building for $100,000,
pending approval from
ODOT.
CONTINUED FROM PAGE 1
After hearing Leuenberger assert reasons to proceed
to a trial on 10 separate motions and hearing counter-
arguments from defendant’s council Vale attorney Carol
Skerjanec, Judge Baxter likened the conflict to a marital
divorce.
“What is it that you want?” Baxter compelled the plain-
tiffs to ask themselves. “What will you do from this mo-
ment forward?” He advised that both sides of the conflict
share a vested interest, that being the welfare and future
of the City of Sumpter.
Leuenberger, in response, said the plaintiffs request the
court to make a declaration that the City of Sumpter be
run legally.
Before considering the legal merit of each of the 10
motions, Judge Baxter made an initial court order that the
two sides try to reach a settlement. “Another judge will
come to try and see if a resolution can be made,” said
Baxter. Baxter scheduled a settlement hearing in front of
a visiting judge on Aug. 7, 2015.
Current Sumpter Mayor Melissa Findley, who sat on the
side of the plaintiffs, echoed the concern of Judge Baxter,
“After three years and the divisiveness within the City of
Sumpter, you’re hopeful that once this is done we’ll be
able to move on and at least be nice to one another,” she
said.
Among the list of motions, and one of the most serious,
filed against the plaintiffs allege unlawful practices by
City of Sumpter in dealing with the Oregon Department
of Environmental Quality. City maintenance worker
David Sanders was charged with a felony for falsify-
ing records submitted to the DEQ on June 1, 2011. The
charge was downgraded to a Class A misdemeanor and
Sanders pled guilty on March, 11, 2015 to Providing
False Information to an Agency and was sentenced to 24
months probation to the court.
Leuenberger claims the issues between City of Sumpter
and DEQ include an unauthorized irrigation system, and
allowance of waste to get into the City water system.
“The City was fined $9,000, which may be on appeal,
but the citizens who fit the bill had nothing to do with it,”
Leuenberger said. “David Sanders and John Young are
responsible and the citizens shouldn’t have to pay.”
Several times during the hearing Leuenberger referred
to the operations of City of Sumpter as “slipshod.”
The two sides, through legal counsel, listed and argued
the legal merit of each of the list of 10 different motions
for summary judgment.
In Motion 1 plaintiffs claim that Recreational Vehicles
(RVs) have been allowed to park for camping in the city
park in violation of state law and Sumpter City zoning
ordinance.
Defendants argue that the allowance of RVs in the
city park for camping during the flea market has been
a practice for 30 years and is a practice that has been
“grandfathered in.” Attorney Skerjanec said flea market
vendors camp near their booths for security purposes. “If
the vendors can’t stay with their booths, will they come at
all?” attorney Skerjanec asked. “And if the vendors don’t
come then the public won’t come and the city businesses
will suffer.”
In Motion 2 plaintiffs allege a failure of the City
regarding open meeting conduct and inadequate meeting
minutes. “The minutes provided are poor and one-sided,”
said Leuenberger.
Skerjanec argued that meeting minutes were approved
by City Council and the Mayor.
Motion 3, 4, and 6 involve violations of public purchas-
ing law and improper project bidding procedure with
Leuenberger once again claiming the City of being a
“slipshod operation.”
Motion 5 involves an alleged violation of public meet-
ing law when the City Council met outside the geographic
boundary of Sumpter.
Motion 7 alleges a violation of local budget law involv-
ing an interfund loan that plaintiffs claim was not paid
back properly.
Motion 8 alleges a violation of oath of office by what
Leuenberger referred to as, “numerous violation of city
purchasing law, the RV park and violations of city zoning
ordinance, and operating in a slipshod manner.”
Skerjanec argued back, “They are all volunteers and
not career politicians. These defendants did the best they
could.”
Motion 9 involves the issues related to unlawful deal-
ings with the DEQ.
Motion 10 alleges mishandling of funds raised through
the sale of vehicles belonging to the estate of a deceased
resident.
Judge Baxter now has the duty of deciding if any or all
of the motions hold legal merit to proceed to trial.
The next hearing in the lawsuit to present a Motion to
Compel has been scheduled for June 29, 3:30 to 5 p.m.
Bingham gets
new heart
Fifteen-year-old Sierra Bingham of North Powder
received the call at Lucile Packard Children’s Hospital
in Palo Alto, California Tuesday that her new heart was
on the way. The transplant, her second, was completed
Wednesday. Sierra and two of her siblings, Gage and
Lindsey suffer from a rare cardiomyopathy. Sierra’s first
transplant was in 2006 and Lindsey’s was in 2013. Gage
has a pacemaker. Donations to help with medical ex-
penses can be dropped of c/o Dale Bingham at Bingham,
Bingham and Watt CPAs on 2nd Street in Baker City.