FRIDAY, AUGUST 19, 2016
Classifieds / Local
LEGAL NOTICES
NOTICE OF BALLOT TITLE MEASURE
Notice is hereby given, that on Tuesday, November 8, 2016 an election will be held in Baker County, Oregon. This will
be a vote-by-mail election. The following shall be the ballot title for the measure submitted to the electors thereof:
CAPTION: THREE PERCENT TAX ON MARIJUANA SALES
QUESTION: Shall the City of Sumpter impose a three percent tax on the sale of marijuana products by a marijuana
retailer.
SUMMARY: Approval of this measure would impose a three percent tax on the sale of marijuana by a recreational
marijuana retailer within the City of Sumpter. Revenues generated by this tax are restricted to public safety operations.
Oregon voters adopted Measure 91 in November, 2014, which was amended by the Oregon Legislature in 2015. Pursu-
ant to this law the Oregon Liquor Control Commission must license the retail sale of recreational marijuana. The law
provides that a city council may adopt a resolution imposing up to a three percent tax on the sale of marijuana products,
which include marijuana concentrates, extracts, edibles, and other marijuana products intended for human consumption
and use. Council must refer the resolution to the voters at a general election. The Sumpter City Council has enacted a
resolution imposing a three percent tax on the sale of marijuana by a recreational marijuana retailer in the city and is
referring the measure to the voters.
Any elector dissatisfied with this ballot title may file a petition for review of the ballot title in Baker County Circuit Court
no later than 5:00 pm August 26th, 2016.
The ballot title is provided by the Sumpter City Council: copies may be obtained at 240 N. Mill St, Sumpter City Hall or
by sending an email to: cityofsumpter@qwestoffice.net.
Sunridge hearing
CONTINUED FROM
PAGE 1
Brown said, “Mr. Clark,
I expect that Mr. Town
would return the $13,000;
it wasn’t authorized.”
Clark said, “I would
certainly think so.”
Brown asked whether
Town had legal representa-
tion, and Clark said he did
(David R. Auxier, of Baker
City Law, was listed as
Town’s, and Town Proper-
ties, LLC’s attorney).
Brown was refer-
ring to McClurg’s Mo-
tion, in which, among
other claimed issues with
management of finances,
prior to, during, and after
the bankruptcy filing, she
claims that Town “...with-
drew and/or paid personal
expenses from the Banner
bank accounts post-petition
in the amount of approxi-
mately $13,000. Town is
not an authorized signer on
the debtor’s current bank
accounts because of con-
cerns that Town will not be
responsible in managing
those accounts.”
Brown criticized
Clark for the timing of
his Debtor’s Supplement
to its Opposition to the
U.S. Trustee’s Motion
to Appoint Trustee, filed
just prior to the hearing,
without notification to
Brown that he had done
so. She said her staff
happened to notice the Mo-
tion. “You didn’t follow
the local rules. If you’re
going to practice in this
Court, you’ve got to play
by the rules, which is, if
you file something less
than three days in advance
of a hearing, you need to
let us know...” Clark said,
“I understand, your Honor;
my apologies.”
Brown discussed the
sales contract (Clark said,
in his Objection to the U.S.
Trustee’s Motion for Expe-
dited Hearing, that a sale
of the property was im-
minent, and that a contract
was completed on August
3, 2016, the day he filed
that Motion). Deepak and
Kathy Prashar who own
the Super 8 Motel and Mo-
tel 6 in Baker City would
be the potential buyers.
Brown said that, accord-
ing to the current contract,
the buyer was required to
provide a Promissory Note,
not cash, for the earnest
money, and planned on
financing the purchase
price through a loan not
yet approved at that time.
The debtor had until
Monday, August 15, 2016
to provide the buyer with
relative documents, such
as CPA-prepared financial
statements, which Brown
said, “...we know you
don’t have. What’s hap-
pening with that?” Clark
said he spoke with RBC
Royal Bank of Canada Se-
nior Account Manager Mi-
chael Kim at great length,
and he’s working with the
debtor and buyer, in order
to facilitate approval of
the financing. Clark said
his understanding is that
Kim had seen the property,
along with the buyer, and
Town and Wilson, he was
pleased with what he saw,
and if the Court approves
the sale, he believes there
will be a commitment let-
ter issued.
Brown asked about the
associated documents,
and Clark said initially he
wasn’t sure if the CPA-
prepared documents would
be ready by August 15,
but then he said, “By the
15th, I think it’s altogether
likely.” He said he spoke
with the CPA about that
issue.
Brown said Clark
claimed that the sale would
pay the creditors in full,
but she questioned the
accuracy of that claim, be-
cause she said, according
to the debtor’s schedules,
the claim is $6.1 million.
Clark said, “Well, it will
probably come pretty
close, because I think a lot
of these claims are ques-
tionable.”
McClurg interjected
that the debtor’s sched-
ules were not accurate
or reliable at that time,
because there are dis-
crepancies regarding the
amount of creditors, and
the total amount owed.
Clark responded that those
discrepancies have been
addressed, including an
amount owed to the IRS,
and the claim has actually
decreased.
Brown said that, while
she wanted to reserve the
possibility of an evidentia-
ry hearing and understood
the U.S. Trustee’s con-
cerns, she didn’t want to
schedule one at that time,
because she wanted to see
if the debtor could pursue
the sale. She repeated her
concerns about the unau-
thorized $13,000 taken
by Town from the debtor,
an issue she said only she
raised. “No one else raised
it. I’m like, ‘What’s he
doing for the debtor, and
why is he getting paid, and
no, he’s not authorized...’
He needs to give it back...I
think everybody realizes,
somebody new needs to be
in place.”
McClurg said she
wasn’t certain of the exact
corporate structure of the
entities, and she stressed
the urgency to hold a hear-
ing to determine whether a
fiduciary should be put into
place. She mentioned the
possibility of an indepen-
dent fiduciary, and an issue
with the provision allow-
ing a potential buyer 60
days in which to pull out of
the sale, were it to be ap-
proved, prompting Brown
to say, “That’s got to go. If
I approve the sale, they’re
stuck. They don’t get 60
days to think about it, after
I approve the sale; that’s
just unheard of. But, be
that as it may, I don’t have
a Motion to approve the
sale, in front of me...”
Brown said to McClurg
that, aside from the issue
of the $13,000, she didn’t
see anything so urgent at
that point that the ap-
pointment of a trustee
was warranted, or that
a further hearing would
need to be set, though she
wanted to schedule another
preliminary hearing. Mc-
Clurg again stressed the
issues involved, including
the possibility of Town’s
absence on the eve of the
sale, or the sale falling
through.
Brown said, “Mr. Clark,
you need to realize, your
client’s on a short leash
with me, and if I have any
further antics, you will
get very little notice for
an evidentiary hearing. Is
that clear?” Clark said, “I
don’t question that for 30
seconds, your Honor, and
I will definitely pass the
word back.”
McClurg expressed
confusion about who was
authorized to act on behalf
of the debtor, regarding
the potential sale, and
Brown said she understood
Wilson to be authorized.
Clark said Wilson had
been authorized. McClurg
said that a potential buyer
may be confused, as to
who could sign the closing
documents. Brown said,
“Well, we’re a ways from
closing documents, at
this point...” Brown cited
issues with the financial
documents, and she said
that those issues need to
be cleared up, and the re-
quired documents need to
be provided to the buyer,
in order for the sale to be
possible, and for the buyer
to remain interested.
Brown scheduled a
further preliminary hearing
for Tuesday, September 6,
2016, 11 a.m., and she re-
minded Clark to be “...very
proactive, and get this case
put together...Don’t just sit
back and sort of think this
case is going to take care
of itself. I expect you to
be really proactive, and get
it put together, because, if
you don’t, I see this case
cratering pretty fast.”
McClurg requested a
final evidentiary hearing
shortly after the September
6 further preliminary hear-
ing, if Clark isn’t able to
satisfactorily address all of
the U.S. Trustee’s concerns
in its Motion, and Brown
said she would be out of
the Country from Septem-
ber 14, through October 1,
so the parties would have
to work around her sched-
ule. After further com-
ment, and pressing from
McClurg, Brown said, “If
you want me to rule today,
Ms. McClurg, I will, and I
will deny it, if that’s what
you want...Did you not
hear me tell Mr. Clark that,
if I determined a further
hearing was necessary, it
would be in short order?”
McClurg said she did, and
Brown said she would not
schedule a final evidentiary
hearing at that time.
Brown said, “I think I
made myself pretty clear;
they’ve got to get their
act together, or a trustee
will be appointed, and Mr.
Town needs to pay back
the money he took without
authorization, and we
need to make sure who is
authorized to act for the
debtor. I made myself very
clear, I think. Unless this
is resolved, I’ll talk to you
on September 6.”
Eastern Oregon film festival ahead
Eastern Oregon Film
Festival (EOFF) will be
celebrating its seventh
annual program October
20-22.
Eastern Oregon Universi-
ty has stepped forward this
year as a presenting spon-
sor. Skye Fitzgerald will
share his most recent film
“50 Feet From Syria” as
part of the EOFF @ EOU
program, and is a portrait
of surgeon Hisham Bismar
as he delivers lifesaving
medical care undeterred by
the chaos and complexity
of war a round him. The
film serves as a snapshot
in time of the plight of
refugees displaced by the
Syrian uprising. Prior to
festival weekend, EOFF
will present a segment at
Baker City’s ‘We Like
Em Short’ film festival
Saturday, August 20th.
EOFF will also be support-
ing a screening of ‘City
Girl’ with original score
performed by The Oregon
East Symphony in Pendle-
ton on October 1st at the
Vert Auditorium.
Official festival passes
and full program details
will be announced Sep-
tember 21st at the annual
sneak peek, pass sale, and
fundraiser event. More in-
formation on this energiz-
ing event coming soon.
For information contact
Christopher Jennings,
EOFF Board President and
festival director at direc-
tor@eofilmfest.com or
541-962-5799.
THE BAKER COUNTY PRESS — 7
BTI teacher
earns award
Submitted Photo.
Megan Alameda accepts her award.
An environmental sciences instructor in the rural, East-
ern Oregon community of Baker City has been selected
to receive the Presidential Innovators Award for Environ-
mental Education. Megan Alameda accepted the award at
the White House on Tuesday.
An instructor at Baker Technical Institute, a leading
provider of Career Technical Education programs focused
on developing the next generation of skilled workers
and technology innovators, Alameda pioneered a class in
which students transform a brownfield property from a
potential community health risk to DEQ-approved prop-
erty, which can then be repurposed.
What makes Alameda’s story so compelling is that her
innovative teaching approach is not only making a differ-
ence in the lives of her students, but in the health of her
entire community.
Brownfields are more than just an eyesore. A brownfield
is any property (old gas station, auto shop, dry cleaners,
to name a few) that at one point in time may have been
contaminated and now cannot be sold, bought or remod-
eled without first removing the contaminant.
According to the Agency for Toxic Substances and
Disease Registry, high brownfield-per-capita rates are
directly linked to poor community health, including the
presence of toxins in the ground, air or water, which in
turn lead to higher cancer rates and environment-related
diseases.
“When you are surrounded by dilapidated places that
no one cares for and that devalues neighborhoods and
properties,” explains Alameda, “it has a very negative
effect on community self-esteem and how a community
perceives itself.”
Baker City, population 9,769, is home to 80 such
brownfield sites.
Believed to be the only program of its kind in the na-
tion, Alameda’s students facilitate the brownfield cleanup
process. Her hands-on, interdisciplinary program com-
bines the history of the region with structural architecture,
deconstruction analysis, toxicology, earth science and
soil, hydrology and water systems as well as econom-
ics and urban growth. To date, Alameda’s students have
revitalized three brownfield sites.
With many rural students disillusioned with their com-
munity, Alameda says the program spurs young people to
become more invested in their community.
“They become different kids by the end of the year,” she
says. “They begin to believe in what they can do. They
become change-makers.”
In a letter of support sent to the EPA, Eva Jones-Bedol-
la, one of Alameda’s students writes: “Ms. Alameda has
taught me that you can’t turn a blind eye to the issues in
our environment, and how even a small voice can make a
difference. Ms. Alameda and her teaching have not only
changed the outlook of my future, but my perspective of
the world.”
According to BTI president Doug Dalton, the success of
Alameda’s brownfield project will allow BTI to expand
access to environmental science education to community
learners and adults in the workforce.
“The early success of this program will also allow us
to work on properties all across the region, allowing for
economic development in areas that previously could not
be used,” says Dalton.
One of only 18 teachers nationwide to be selected for
the honor, Alameda will be awarded $2,500 to further her
professional development in environmental education and
an additional $2,500 to fund BTI’s environmental educa-
tion efforts.
About Baker Technical Institute: Baker Technical
Institute (BTI) is a leading provider of Career Techni-
cal Education programs focused on developing the next
generation of skilled workers, technology innovators, en-
trepreneurs, and community leaders in rural communities.
Headquartered in Baker City, Oregon, BTI offers cutting-
edge education and training, leading to certification in
high-salary, high-demand careers, such as agriculture
sciences, building trades, natural resources/environmen-
tal sciences, engineering, health services, welding, and
manufacturing. For more information, go to bakerti.org.
Ladies golf
July 27 Count your Par Fours: 1st Flight: Virginia Bab-
ski; 2nd Flight Karen Wollard; 3rd Flight: Carol Irvine
Birdies: Virginia Babski (2 birdies);
August 3, Improve your lie:1st Flight: Judy Karstens
2nd Flight 1st place Linda Taylor; 2nd place Tie: Kathy
Hopkins-Margo Kenworthy; 3rd Flight Carol Irvine
Bridge Winners: July 27, 1st Martha Cassidy; 2nd
Betty Combs; 3rd Della Steele. .Aug 3, 1st Kathy Eidsen
2nd Della Steele;3rd Sandy Grover.