The Baker County press. (Baker City, Ore.) 2014-current, December 04, 2015, Image 5

The Baker County press., December 04, 2015, Page 5, Image 5

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Newspaper Page TextFRIDAY, DECEMBER 4, 2015 THE BAKER COUNTY PRESS — 5 Local County Commissioners hear Pine Eagle lawsuit water rights updates BY TODD ARRIOLA Todd@TheBakerCountyPress.com The Baker County Board of Commissioners met for its ﬁrst session of the month on Wednesday, at 9 a.m., in the Commission Chambers of the Baker County Courthouse. Present from the Board were Chair Bill Harvey, Commissioners Mark Ben- nett and Tim Kerns, and Executive Assistant Heidi Martin. Also in attendance were Baker County Watermaster Rick Lusk, Deputy Water- master Nathan Petrucci, Deputy Watermaster Eva Ceder, Baker County Plan- ning Department Director Holly Kerns, Baker County Roadmaster Jeff Smith, Bake County Justice Court staff Michael Finley, and Baker City Manager Mike Kee. Harvey asked if anyone wished to speak during the Citizen Participation segment of the session, and there were no comments in response. He mentioned at this time to attendees that staff from the United States Forest Service (USFS) informed the Board of a possible date for the next government-to-government coordination meeting, Wednesday, December 16, 2015. The minutes from the Wednesday, November 4, 2015 session were ap- proved, with a motion from Bennett, and a second from Kerns. Lusk, Petrucci, and Ceder provided a Water Department update to the Board and attendees. Baker County Weed- master Arnie Grammon was scheduled to give a Weed Department update, however, he was unable to attend due to other com- mitments. Lusk said, noting the im- portance of addressing wa- ter issues for area farmers, ranchers, and others, there are three Deputy Water- masters in Baker County, Petrucci, Ceder, and Jay Sly, who works in Half- way. “Agriculture is the king in Baker County right now,” he said. In 2002, the total value of cattle and cash crops revenue in the County was about $47 million, and in 2012, about $93 million, which Lusk stated is a major source of revenue, and a signiﬁcant increase within that time. Lusk discussed basic water rights, using the phrase “ﬁrst in time, ﬁrst in right” to explain that generally, the earliest water rights translate to higher priorities, as far as usage. There are about 3,500 water rights in the County, he said, with over 6,700 points of diversion (where one can legally divert wa- ter from its source). He said that for the last four years, snow pack was present early dur- ing the year, but, didn’t remain long enough, which contributed to drought conditions. He said that for 2016, he doesn’t expect conditions to improve, according to data provided by the National Oceanic and Atmospheric Admin- istration (NOAA), which include warmer weather predicted for the period for this month through February. “Right now, it’s not looking to be all that good,” Lusk said. Bennett expressed con- cerns about the conditions in Harney County, with basically a water rights moratorium, due to the lack of source water for us- age, and issues with water monitoring. He said he didn’t want that to hap- pen here, and Lusk said he wasn’t certain that couldn’t happen here, with contin- ued drought conditions. Lusk suggested, in addition to continued communication with the Oregon Water Resources Department (ORWD), the possibility of contacting a land owner to drill a stock well (for which a water right isn’t required), or using one already drilled, for monitoring purposes, after which, the land owner would have use of for stock watering. A public hearing was held regarding Ordinance No. 2015-07, which amends Ordinances 2014- 01 and 83-2, An Ordinance Adopting An Interchange Area Management Plan For I-84 Exits 302 And 306 By Amending The Com- prehensive Land Use Plan And Zoning Ordinance. Kerns explained the project to the Board and attendees, and Karen Yeakley, a local property owner, provided public testimony in ﬁrm opposition. The hearing was continued to Wednes- day, January 6, at 9:45 a.m., with a motion from Bennett, and a second from Kerns. Smith discussed with the Board a purchase approval for a used Caterpillar 420E backhoe, for $64,500, from Western States Equipment. This was the lowest quote of four received, and, the purchase was approved, with a motion from Ben- nett, and a second from Kerns. An agreement between Baker County and Advan- tage Dental, for services to include screenings and fluoride varnish for clients enrolled in the County Health Department’s Women, Infants and Chil- dren (WIC) program, was approved, with a motion from Bennett, and a second from Kerns. The agree- ment is open-ended, and no monetary exchange was noted. Both Finley and Kee discussed with the Board an Intergovernmental Agreement (IGA) between City of Baker and Baker County, for Justice Court services provided by the County to the City, for the enforcement of ordinance and charter violations occurring within the City. The agreement was not ap- proved, as further discus- sion was postponed on the topic until the Wednesday, December 16, 2015 ses- sion, with a motion from Bennett, and a second from Kerns. A public hearing was held regarding Order No. 2015-150, Adopting A (2016) Baker County Fee Schedule. Kerns explained the details of the Schedule to the Board, and, Ben- nett answered a question from Wanda Ballard about the fairness of certain fees. This topic will be discussed further during the December 16, 2015 session. The Board asked for public comment about the government-to-government coordination meeting between the Board and the Oregon Department of For- estry (ODF), held on Tues- day, November 24, 2015, and Wanda Ballard and Cynthia Long expressed some positive comments thoughts in response. Order No. 2015-149, Ap- pointing A Member To The Baker County Fair Board Advisory Committee, was approved, with a motion from Bennett, and a second from Kerns. Ann Kniesel was appointed, her term set to expire on July 1, 2016. A Proclamation Com- memorating Baker County School Choice Week, Janu- ary 24-30, 2016, was ap- proved, with a motion from Bennett, and a second from Harvey. This proclamation was requested by Andrew R. Campanella, President, National School Choice Week. Campanella said, in an attached letter, “The proclamation, along with National School Choice Week, provides you with an opportunity to recognize the excellent education op- tions available to families in Baker County as a part of a nationwide celebra- tion. Held every January, National School Choice Week shines a spotlight on effective education options for children--from high-performing traditional public schools to public charter schools, public magnet schools, private schools, online learning, and homeschooling.” The First Amendment To Oregon Health Authority 2015-2017 Intergovern- mental Agreement For The Financing Of Community Addictions And Mental Health Services Agreement No. 147781 was approved, with a motion from Kerns, and a second from Bennett. The Second Amendment to the same was approved, with a motion from Ben- nett, and a second from Kerns. Near the conclusion of the session, Bennett men- tioned that by next August, a decision regarding the designation of the Owyhee Canyonlands as a National Monument is expected. Harvey said that the Board received informa- tion from legal counsel Drew Martin concerning prayers at Commission ses- sions, which have been re- cited by Harvey, before the Pledge of Allegiance, at the beginning of the sessions. Initially, the Pledge of Al- legiance was recited, and then the prayer, but, the Board reversed the order, as per a citizen’s request. Martin said that reciting prayers at meetings is a practice protected and up- held by the U.S. Supreme Court, and, though State laws differ from Federal laws on the subject, a law- suit initiated by a citizen against the County to halt the practice would most likely result in no mon- etary compensation for the citizen. Bennett and Kerns expressed concerns that the practice may violate State law, and Harvey said the Board will receive more information to clarify that, from Martin. Harvey said there will be a government-to-govern- ment coordination meeting with staff of the USFS on Wednesday, December 16, at 10:30 a.m., and the same type of meeting with staff of the ODF will be held on Wednesday, December 16, at 9 a.m. Both meetings will be held in the Com- mission Chambers of the Baker County Courthouse. CONTINUED FROM PAGE 1 The order, Plaintiff’s Unopposed Motion to Extend Deadlines was granted as follows: Discovery is to be completed by March 30, 2016. Dispositive motions are due by May 2, 2016. Exchange of expert discovery is due 30 days after the Court rules on dispositive motions. The deadlines were ordered by Judge Michael H. Simon. McLean claims in the suit that her civil rights were vio- lated during an April 26, 2013 “active shooter drill” at the school during a teacher in-service day. The controversy at the time made national news. The suit itself was ﬁled in United States District Court for the District of Oregon in Portland, and has six claims: 1. 14th amendment violation, state created danger / failed to protect; 2. 14th amendment violation, failure to train or supervise; 3. 14th amendment violation, false impris- onment; 4. 14th amendment violation, procedural due process violation, deprivation of a liberty interest without due process; 5. Intentional infl iction of emotional dis- tress; and 6. Claim against Civil Assault. The defendants in the suit have denied all claims. Mollie Atwater and Friends celebrates 10th year Submitted Photo The table above shows the numbers helped, broken down by town. Mollie Atwater and Friends Spay/Neuter Fund is in its 10th year of operation and is under the non-proﬁt umbrella of Baker County. It continues to work with the community to reduce the number of unwanted and home- less cats and dogs in Baker County and North Powder by assisting folks with spay/neuter surgery costs and provid- ing public outreach on the beneﬁts of spaying/neutering one’s animals. As of November 27, the Fund has helped 2,181 animals: 1,695 cats and 486 dogs. Spaying and neutering feral cats and our pets makes a huge difference in the health and well-being of our community and our animals. Both males and females contribute to unwanted puppies and kittens being born. Therefore, if these animals had not been spayed/neutered and each had contributed to at least six puppies or kittens being born, then a minimum of 13,086 animals would have needed homes over the last 10 years. This would have been a large burden on our community. The monies raised for this program are spent locally, enhancing both the social and economic well-being of the County. People needing help with spay/neuter surgery costs for their animals can pick up a request form in Baker City at any of the three veterinary clinics, in Halfway at the Old Pine Market or the Post Ofﬁce, or in Richland at the Post Ofﬁce or write directly to the address below. People wanting to contribute to the local effort can send their tax-deductible donation to: Mollie Atwater and Friends Spay/Neuter Fund, P.O. Box 402, Baker City, OR 97814. ODOT issues City Council tips for driving seat open • Changes in elevation can drastically affect road and weather conditions. • Watch for icy spots, es- pecially in shaded corners. • If your vehicle sud- denly feels like it’s float- ing, gradually slow down. • Don’t slam on your brakes. • Increase your distance from vehicles in front of you. Allow about three times as much space as usual. • Roads that are wet or have fresh snow, packed snow, or ice have varying degrees of traction. Adjust your speed to match road conditions. • Slow down. Disengage your cruise control. Many crashes occur because the driver is going too fast for weather conditions. • Turn off your cruise control, be alert and drive cautiously. • Turning on your low- beam headlights during the daytime in the winter months can help make your vehicle more visible. The City of Baker City is looking to ﬁll one open position on the City Council. The City will accept ap- plications through the ofﬁce of City Recorder beginning on December 2nd until January 7th at 12:00 p.m. The individual who is appointed by a majority vote of the City Council will serve a partial term on the Council through December of 2016. An applicant must be a registered voter in the State of Oregon and have resided within the City of Baker City for 12 months immediately preceding the appointment. To apply go to www.bakercity.com to download and complete the City Councilor application located on the City’s home page and submit a letter of interest to Luke Yeaton at City Hall located at 1655 1st Street. Applica- tions can be returned to: Attn: Luke Yeaton, 1655 1st Street, Baker City OR, 97814.