FRIDAY, APRIL 15, 2016
THE BAKER COUNTY PRESS — 9
Local
County Commissioners,
railroad discuss lease
American
Legion
CONTINUED FROM PAGE 8
• COLUMBIA
BASIN ATTORNEY
FEES MORE THAN
COUNTY EXPECTED
BY TODD ARRIOLA
Todd@TheBakerCountyPress.com
The Baker County Board
of Commissioners held a
work session on Wednes-
day, April 6, 2016, 9 a.m.,
in the Commission Cham-
bers of the Baker County
Courthouse, in order to
discuss a lease agreement
between the County, and
the Union Pacific Railroad
Company (UPRR), for
the Train Depot property,
located just west of 10th,
off of Broadway, in Baker
City.
Present from the Board
were Commission Chair
Bill Harvey, Commission-
ers Mark Bennett and Tim
Kerns, and Executive As-
sistant Heidi Martin.
Attendance also included
Baker County legal coun-
sel Dan Van Thiel, Baker
County Sheriff Travis Ash,
Baker County Parks and
Recreation Advisory Board
member Ed Elms, Tork
and Wanda Ballard, Bruce
Morrison, and Ed Hardt.
Harvey called the meet-
ing to order, and the Board
began a discussion with
Van Thiel, regarding the
Train Depot property lease
agreement.
The core issue of the
matter is that the original
lease agreement, originally
executed on June 21, 1995,
between the lessor, UPRR,
and the County, the lessee,
for property grounds, was
for a period of 20 years,
with four, five-year renew-
als possible, however, a
clause in the agreement
stated that the lessee shall
advise the lessor in writing,
not less than 90 days prior
to the initial expiration of
the term of the intention to
renew, which the County
had failed to do.
Van Thiel said that he
discussed the matter with
UPRR attorney Peter
Kenny, but the discussions
were difficult, and Kenny
replied that UPRR would
require the County to pay
the lease amount of $4,500
per year (the County, per
the original agreement, had
paid $1 per year). Fur-
ther discussions resulted
in UPRR settling for no
lower than $3,000 per year,
which the County currently
pays, plus an automatic
increase of 3% annually.
According to an agree-
ment executed on August
7, 2012, the County, the
lessor, leases to UPRR,
the lessee, a portion of
the Train Depot building,
including the use of at least
six parking spaces, for
Todd Arriola / The Baker County Press
Attorney Dan Van Thiel discusses the UPRR lease.
$9,075.60 per year, with
the agreement set to expire
on December 31, 2017.
Van Thiel said that if
the County, through the
Parks and Recreation
Department, had notified
UPRR of the intention to
renew the original land
lease, there would still be
the option of four, five-
year renewals, or another
20 years. Harvey said he
wasn’t sure if a new lease
could be negotiated, and
Van Thiel said that the
situation underscores the
importance of keeping
proper track of County
departmental contract
deadlines.
Harvey mentioned that
the agreement requiring the
County to pay $3,000 per
year wasn’t included in a
previous Contract Review
segment during a Commis-
sion session, because the
amount is less than $5,000
per year. Harvey and Ben-
nett discussed making the
notification of department
heads concerning contracts
a priority. Harvey added
that there is no desire
currently to demolish the
building, which was stated
as a possibility at an earlier
point, and that the Parks
Department will be notified
about lease renegotiation.
Kerns stated that the
depot’s historical aspects
should be emphasized and
publicized, and the com-
munity’s involvement and
support.
Elms voiced his con-
cerns about the depot
(he showed up later in
the session), and Harvey
explained the terms of
the lease, and what was
discussed earlier in the
work session. Elms and
Harvey discussed the lack
of communication between
the Parks Department,
the County, and UPRR
(Harvey stated earlier that
it’s the Parks Department’s
responsibility to notify
UPRR of a renewal), and
Van Thiel encouraged
renegotiation of the lease
agreement with UPRR,
including a clause restrict-
ing occupancy type.
Elms asked if the current
designation of the depot as
a Historic Building would
aide in the avoidance of a
potential demolition, and
Harvey said that it might
help.
Elms also discussed
sanitation service contract
issues in the Richland area,
and he also said that he
doesn’t feel that the Coun-
ty isn’t providing enough
support to the Parks
Department. Harvey said
that he feels the County is
providing that support, and
that he makes trips when
necessary to view issues
for himself, and that he
regularly communicates
with Parks Department
Director Karen Spencer.
Bennett asked for an up-
date on the Baker County
vs. David McCarty case, in
which McCarty prevailed,
leaving the issue of the
amount the County will
pay for McCarty’s attorney
fees. The original amount
totaled around $306,000,
however, an additional
amount of $20,000 had
been added in attorney
fees, and the County had
objected to that, result-
ing in a hearing on that
objection, on Friday, April
15, 2016, at 1:15 p.m., via
phone.
Van Thiel said the total
amount to be paid will be
up to the judge (Ron Pahl),
and as soon as Van Thiel
knows what that is, he’ll
inform the Board.
Bennett discussed
budgeting and other is-
sues with the Tri-County
(Baker, Union, Wallowa)
Cooperative Weed Man-
agement Area (TCWMA),
stating that he’s com-
municating with staff of
TCWMA, and there will
be a reconfiguration of the
agreement between the
organization, and the coun-
ties. He said there isn’t
any wrongdoing, but there
needs to be more transpar-
ency, including a published
TCWMA budget, and more
oversight by the counties.
The possibility of a
backup, ground ambu-
lance service, an idea
created by Chris Arvidson,
of Med Transport, Inc.,
was discussed, for the sole
purpose of inter-hospital
transfers in Baker, Union,
Umatilla, and Wallowa
counties. This service
would lighten the workload
of local EMS resources,
and provide patients with
healthcare options, accord-
ing to Arvidson. Harvey
said that this would be a
service for non-life-threat-
ening situations, but that
for now, the Board needs
more information, in order
to consider any implemen-
tation.
The Board also dis-
cussed a County-owned
parcel, located in the
Industrial Park area off of
Pocahontas, assessed at a
value of $42,000, which an
individual has approached
the County about possibly
selling. Harvey said that
the property would be pur-
chased by a manufacturing
company, but he couldn’t
release the name for now,
and the Board collectively
sees it as a good opportu-
nity to expand growth in
the area.
The next regular session
is scheduled for Wednes-
day, April 20, 2016, 9 a.m.,
in the Commission Cham-
bers of the Baker County
Courthouse.
Accident claims life near La Grande
Oregon State Police
(OSP) Troopers are con-
tinuing the investigation
into Monday evening's
fatal crash on Interstate 84,
near La Grande (milepost
256 eastbound).
Preliminary informa-
tion indicates on April 11,
2016, at 5:46 p.m., a 2008
Toyota Solara, operated
by Melissa Book, age 19,
from La Grande, with pas-
sengers Alexis Browning,
age 18, from La Grande,
and Hanna Doig-Cashell,
age 18, from La Grande,
was traveling eastbound
and attempting to pass a
vehicle, when for unknown
reasons, lost control, left
the roadway and over-
turned.
Doig-Cashell suffered
fatal injuries and was
pronounced deceased at the
scene. Book received seri-
ous injuries and was flown
by life flight to Providence
Saint Mary Medical Center
in Walla Walla, Washing-
ton.
Browning received
serious injuries and was
transported to the Grande
Ronde Hospital in La
Grande.
Both eastbound lanes of
Interstate 84 were closed
for approximately three
hours following the crash.
One lane was opened
for two hours until both
lanes were reopened.
OSP is being assisted by
the Union County Sheriff's
Office, La Grande Police
Department, La Grande
Rural Fire District, La
Grande Fire Department,
Life Flight, and Oregon
Department of Transporta-
tion (ODOT).
This is an ongoing
investigation and more in-
formation will be released
when available.
He discussed Post #41’s issues with meeting atten-
dance, which has been a problem, whether the meetings
were held at the post, or the Sunridge Inn. He said it’s
difficult to expect many members, especially younger
ones, to sit for an hour or so to attend the meetings,
because it’s not as appealing as including another activity.
He suggested ideas, like holding meetings in conjunc-
tion with a catered or potluck meal, and he said that if
the programs and activities are worthwhile, people will
attend. He gave some examples of these ideas working in
the past.
Millar was introduced, and he said that issues with the
post include having enough individuals for a quorum at
monthly meetings (there were enough at this meeting), in
order to make decisions, and whether the post is viable.
He also mentioned the need to recruit and retain more
members, and that a minimum of four programs should
be implemented. He said the Department wants to see
the post remain active.
Jones said that the e-board (Executive Board) needs to
be organized properly, and that the post needs to remain
autonomous. He said he’s not concerned whether or not
there’s a post bar (it’s currently closed), but the atmo-
sphere needs to be accommodating and appealing, with
activities for families. He mentioned potential issues
with operating a for-profit business out of a non-profit-
associated post building.
Jones commented on the covers (garrison hats) and
other organizational clothing attendees wore, and he said
to continue to wear the brand proudly and with respect,
because the group is the American Legion.
Willis was introduced, and he said that the trip to
Baker City from Leavenworth, Washington was worth the
trip, if the result is that Post #41 will remain operationally
viable. He said visits should be made to the member-
ship, and to recruit more members, including from the
local Army National Guard, if possible. He echoed the
comments regarding the need to implement activities for
families, and he mentioned that this includes assisting
with babysitting issues, so more attendance is possible.
Willis mentioned several program examples, and he
said that the post needs at least a couple, and to do a great
job with them. He cited a major event, called Philomath
Frolic and Rodeo, held in Philomath, Oregon, in July, as
an example of a time during which the American Legion
spread the word about the organization, and recruited
members.
He said he and the other officers were not at the meet-
ing to dictate what the members of Post #41 should do,
but members need to attend the meetings, and to make
decisions regarding the post. He said that when the post
is involved in programs and other activities in the com-
munity, the media could be made aware, and these efforts
could be publicized.
Williams was introduced, and he spoke about the issues
with the declining membership, and with getting mem-
bership dues paid fully for the past three years. He said
if new life is breathed into the post, including recruiting
at least 10 new members, he would see how the post is
operating in a year.
Terry McQuisten suggested that, if the building were
to be sold, there may be some sort of trade negotiated,
and Jones responded that it would be acceptable, if legal,
and if two thirds of the post membership (50 of 75 paid
members) agree.
Dave McQuisten said he wants to get involved, to give
back to veterans, and to help bring communities together.
He said he appreciates and respects veterans, and through
his research, he found that he would like to put forth his
efforts through the American Legion (he hasn’t served,
however, his father, Terry, is a Navy veteran, and Dave
said he’s been involved with other organizations that
benefit veterans and others). He said many people don’t
understand the Constitution, and guaranteed rights, and
he would like to help increase knowledge about those
topics.
Bishop said that members don’t attend the monthly
meetings, and that those with dual membership--who are
also with the Veterans of Foreign Wars (VFW), or the
Elks, for example--have migrated to those organizations’
clubs.
Jones responded with suggestions, including printing
notice cards about meetings and events, to send to every
member, each month. He said that the meeting room
could be set up for a fee (Bishop mentioned, pre-meeting,
that the Sunridge Inn allowed Post #41 to use the room
for free for the meeting), with hot dogs, or some other
meal, before the meeting.
This prompted him to cite a prime example, that of
Post #63, in Burns. He said the post had seen issues with
attendance, until a Navy veteran cook decided to prepare
meals in conjunction with the meetings. Jones jokingly
told him he’d like to see a steak dinner at the next one.
He said, not only was there steak, but the meal was above
and beyond what he could have hoped for. He said that
there is a meal for every meeting prepared by the veteran
and others, and the post building is now packed each time
(he said the membership is around 106).
Jones emphasized the importance of the American
Legion Auxiliary, and he said that the Legion family,
which includes the Auxiliary, SAL, and the Legion, has
to always remain united, as a group, to accomplish the
organizational missions.
Jones asked for a motion to give the e-board the author-
ity to ascertain the value of the post building, including
the impacts of the property tax, and this motion was
made, and seconded. With a majority vote, the motion
passed. Jones said he’d like to see the asset and tax infor-
mation presented at the next monthly meeting.