THE BAKER COUNTY PRESS — 3
FRIDAY, SEPTEMBER 9, 2016
Business & Ag
Judgments awarded against
Tasty Bake last month
BY TODD ARRIOLA
Todd@TheBakerCountyPress.com
Judgments against lo-
cal former pizza dough
producer Tasty Bake, Inc.
were entered in Baker
County Circuit Court, in
April and last month, due
to a lack of response from
the company, to lawsuits
filed earlier this year. One
judgment was awarded
to former owners, Idaho-
based Peter R. Johnson
and Brenda K. Johnson,
totaling $754,438.43 plus
accruing interest. The
other, to Wisconsin-based
Lesaffre Yeast Corporation,
totaling $21,082.75, plus
accruing interest.
An Order of Default
for Failure to Appear
was granted against the
defendants, which includes
Illinois-based Cereal
Holding Company, in the
Johnsons’s lawsuit (filed
on March 14, 2016), and
the aforementioned judg-
ment was then awarded on
August 16, 2016, accord-
ing to County records.
The Johnsons’s judgment
includes the following:
An award of $203,250,
plus accruing interest, at
the rate of 7% per year,
from April 1, 2015, until
paid, against defendant
Cereal Holding Com-
pany; foreclosure of the
mortgage, including sale
of the property, at 1945
8th Street, by the Baker
County Sheriff’s Office,
to satisfy the judgment; an
award of $535,000, against
defendant Cereal Holding
Company, in economic
damages, for Fraud, and
Breach of Contract; an
award of $1,960.93,
against defendant Cereal
Holding Company, for
Breach of Employment
Contract; and an award,
against defendant Cereal
Holding Company, of all
prejudgment interest of
$14,227.50, all plaintiffs’
attorney fees, costs and
disbursements incurred in
the lawsuit, and for other
relief as the Court deems
just and equitable (to be
determined, by Supple-
mental Judgment).
An Order of Default was
also granted against Tasty
Bake, Inc., in the Lesaffre
Yeast Corporation lawsuit
(filed on March 2, 2016),
and judgment was awarded
on April 20, 2016, accord-
ing to County records.
Lesaffre’s judgment
includes the following:
An award of $21,082.75,
plus prejudgment interest,
accruing at the rate of 9%
per year, from September
11, 2015 (this was noted
as $784.96, as of April 14,
2016); costs and disburse-
ments, of $337; and a pre-
vailing party fee, of $300.
As chronicled in the
Friday, April 8, 2016, and
Friday, April 22, 2016 is-
sues of The Baker County
Press, the core of the cur-
rent legal issues apparently
began with a change in
ownership, in the fall of
2014, when Illinois-based
Yasar Samarah acquired
Tasty Bake, from the John-
sons, who were the former
owners, from 2001 up until
that time. The Johnsons
had acquired Tasty Bake
from original owners,
Roger Brown, and Donn
Mires.
Earlier this year, after a
major presence in Baker
City for over 30 years,
Tasty Bake abruptly halted
distribution, surprising
not only employees, but
also sales brokers for its
products, and clients, as
well. The Johnsons sued
Tasty Bake, Inc., and
Cereal Holding Company
(Samarah was listed as
Tasty Bake President, and
Cereal Holding Company
Vice President), claiming
that Cereal Holding Com-
pany fraudulently mis-
represented that it would
make a significant capital
investment in Tasty Bake;
that it would hire a quali-
fied sales team, to expand
the business; and that it
would make every effort
to grow, and expand Tasty
Bake. They claimed that,
after the sales contract was
executed, Cereal Holding
Company “...made little
or no effort to grow Tasty
Bake, or to even maintain
tasty Bake’s current busi-
ness.”
Lessafre Yeast Cor-
poration claimed that it
provided Tasty Bake with
baking materials, includ-
ing Lessafre’s SAF Instant
Red Mix Dry Yeast, Red
Star Double-Acting Bak-
ing Powder, and Red Star
Active Dry Yeast, on five
different dates, without
receiving payment for the
products, after repeated
requests and demands.
There is no indication
at this time that Samarah
has responded to either
lawsuit, and the lawsuits
are considered to be in a
“closed” status, according
to Circuit Court records.
County Commissioners
CONTINUED FROM
PAGE 1
Citizen Participation
included comments from
Wanda Ballard, who said
she really enjoyed and ap-
preciated last Wednesday’s
agency-to-agency United
States Forest Service
(USFS) coordination meet-
ing, between the Board,
and Wallowa-Whitman
Forest Supervisor Tom
Montoya, Whitman Dis-
trict Ranger Jeff Tomac,
and Northeast Oregon
Land Zone Lead Laura
Livingston, and it was
a great opportunity for
public input, though there
continue to be disagree-
ments. Harvey echoed
those thoughts.
Ed Hardt said that,
while he didn’t attend the
coordination meeting,
he’d read that Livingston
commented that the USFS
owns the mineral rights
for the property which
the USFS is looking at
purchasing from the Col-
lins Pine Company, in the
Eagle Creek area. He said
the USFS doesn’t own the
mineral rights.
Baker Heritage Museum
Director Lea Gettle pro-
vided a museum update,
and, among other details,
she said that there has
been some staff restructur-
ing. She said she’s part-
time, and there is another
part-time staff member.
Admission during the
open season, from March
through August (the
museum closes on October
29th this year, for the win-
ter), increased by 22% this
year, sales at the museum
gift shop are up by about
6%, and in general, tour-
ism is up in Baker County
by about 15%, all great
increases, she said.
She said that recently,
a five-year strategic plan
was formed, and an em-
phasis will be educational
programming, including
teaming up with the Baker
School District, to provide
another Summer Acad-
emy, a huge success last
year (35 students attend-
ed). She said it’s a great
opportunity for students
to learn about the County,
and the museum, there
was great feedback from
both students and parents,
and the plan is to hold two
more Summer Academy
sessions next year.
Arthur Sappington said
he’s been promoting the
different mining displays
at the museum, and he en-
courages tours of the Vir-
tue Flat Mine, saying that
people who have visited
the mine and the County
commented on the quality
and the quality of miner-
als in eastern Oregon, and
also the quality and quality
of the museum’s displays.
A Professional Services
Agreement, between the
County, and Bud Zunino,
FNP (Family Nurse Practi-
tioner), for the independent
contractor services of Jail
Medical Provider, was
approved, with a motion
from Kerns, and a second
from Bennett. According
to the agreement, Zuzino
will be paid $1,000 per
month, for the period of
July 1, 2016 (beginning of
the County’s fiscal year),
through June 30, 2017.
Intergovernmental
Agreement No. 31484,
between the County, and
the Oregon Department of
Transportation (ODOT),
for Oversize/Overweight
Single Trip Permits (OS/
OW STPs) authorization,
was approved, with a
motion from Bennett, and
a second from Kerns. Ac-
cording to the agreement,
the County grants ODOT
authority to issue OS/OW
STPs for travel over roads
under the County’s juris-
diction, resulting in a more
simplified and expedited
issuance process, and the
term of the agreement is
ten years. Baker County
Roadmaster Jeff Smith
discussed briefly the
agreement with the Board,
before it was approved.
A transportation package
request letter, dated Sep-
tember 7, 2016, from the
County, to Representative
Cliff Bentz, for the State
Legislature’s consider-
ation, for the purposes of
maintaining and improv-
ing the County’s road sys-
tems, was approved, with
a motion from Bennett,
and a second from Kerns.
Included with the letter
were written requests
from Smith, Halfway City
Mayor Sheila Farwell,
Huntington Deputy City
Recorder Shellie Nash, and
Haines City Recorder Val-
erie Russell. Smith also
discussed this topic with
the Board, reading his own
letter addressed to Bentz,
before the request let-
ter’s approval. Smith said
the package would mean
$600,000 to $700,000 for
the County, if approved by
the Legislature.
A Sumpter Dredge tail-
ing discussion was held,
and Harvey explained that
two separate companies
had previously expressed
interest in the project.
He said that a meeting in
Sumpter had been held
regarding the subject, and
a second one was not yet
scheduled. Chuck Chase
commented about regula-
tory approval, and other
concerns, and Bennett
was concerned about us-
ing resources on a project
that may not be pursued.
Gary Dielman asked what
the County’s goal is with
the project, and Harvey
explained that the County
owns about 900 (mining)
acres in the area of the
Sumpter Valley Dredge,
and the Board is asking
the public for its input at
this time, about whether
to continue efforts to
facilitate the project. Dave
Hunsaker asked for more
detail regarding the costs
and the potential monetary
benefits for the County,
and Kerns provided an
example, a forecast from
Yellow Eagle Mining: 55
acres a year, 5% royalty
to the County ($800,00
per year), a project life of
13 to 16 years, and local
and annual expenditures
of $10.6 million per year.
The discussion continued,
including comments from
Chase, Hardt, and Bob-
bie Danser, a question
about the mining process
proposed, from Dielman,
and some answers to that
question, from Harvey,
Hardt, Chase, and Ben-
nett. Bennett suggested
contacting both companies
to determine whether they
would be interested in a
5-acre test, to see if the
project would be viable
(he said that the County
Planning Commission
established this type of
guideline). Kerns agreed
with Bennett’s sugges-
tion, and Harvey said that
the test should be up to 20
acres, depending on how
the companies wish to
proceed. Harvey said that
the companies will be con-
tacted regarding the test.
A County Fair Board
funding discussion was
held, and Harvey ex-
plained that there was
approximately $26,000 in
extra, unanticipated ex-
penses, above the allocated
funding, for the removal of
structures from the former
fairgrounds, which facili-
tated the construction of
the Army National Guard
Armory. He said that
County funds would have
to be expended in order to
cover this. After further
discussion, including com-
ments about the history of
the deal, from Fair Board
Advisory Member Rob
Ellingson, Bennett moved
to release the funds to the
Fair Board, and the mo-
tion was approved, with a
second from Kerns.
SEE
COUNTY
COMMISSIONERS
— Weekly Hay Report —
Friday, September 2, 2016 — Eastern Oregon
Prices trended generally steady compared to week
ago prices. Most demand lays with the retail/stable
hay. According to some producers, horse owners
are starting to prefer lower sugar, higher protein
hay. Many hay producers are selling or have
already sold most of their first and second cutting
hay, and are working on later cutting(s) resulting in
higher volumes of hay moving.
Tons Price Range Wtd Avg
Alfalfa / Ochard Mix — Small Square Premium
20 185.00-185.00 185.00
Ochard Grass — Small Square Premium
70 175.00-175.00 175.00
USDA Market News Service—AMS.USDA.gov
— Cattle Market Report —
Wednesday, August 31, 2016
Vale, Oregon
Cattle sold through the auction: 946
Steer Calves
300-400# Bulk 139.00 - 165.00 Top 167.50
400-500# Bulk 141.00 - 150.00 Top 151.00
500-600# Bulk 132.00 - 146.00 Top 147.50
Heifer Calves
300-400# Bulk 129.00 - 154.00 Top 146.50
400-500# Bulk 122.00 - 137.00 Top 138.00
500-600# Bulk 121.00 - 135.00 Top 137.50
Yearling Steers
600-700# Bulk 122.00 - 134.00 Top 135.00
700-800# Bulk 107.00 - 126.00 Top 128.00
800-900# Bulk 113.00 - 122.00 Top 125.75
900-1,000# Bulk N/A Top N/A
Yearling Heifers
600-700# Bulk 116.00 - 125.00 Top 127.25
700-800# Bulk 109.00 - 121.00 Top 126.00
800-900# Bulk N/A Top N/A
900-1,000# Bulk 102.00 - 111.00 Top 113.00
Thin Shelly Cows 47.00 - 59.00
Butcher Cows 63.00 - 71.00
Butcher Bulls 65.00 - 79.00
Pairs Young N/A
Hfretts. 77.00 - 87.00
Stock Cows Young - 950.00-1260.00
ProducersLivestock.com
541-473-3136
— Log Price Report —
Price per 1,000 board feet: Northeast Oregon
Currently the local log market is flooded with
fire salvage logs. The log buyer for Malheur
Lumber Co. stated they have all the logs they
need under contract and are not accepting any
new purchases. BCC/LLC of La Grande has
receive so many burned fire salvage logs they
are no longer accepting logs at the La Grande
log yard. Any additional pine logs have to be
delivered to the Elgin Log yard cut in plywood
lengths and to a 8 inch top. For these pine
logs cut in plywood lengths, BCC is offering
$280.00/mbf. They are also paying $420.00/
mbf for Doug Fir & Western Larch. For White
Fir they are offing $325.00/mbf. At the Pilot
Rock Saw Mill BCC is offing $360.00/mbf for a
12 to 15 inch top, for 16 to 19 inch top $400.00/
mbf & offing $425.00/mbf for 20 inch plus top
Courtesy of Arvid Andersen,
Andersen Forestry Consulting
— Precious Metals Report —
Price per ounce, USD
Gold: $1,354.60
Silver: $20.12
Platinum: $1103.27
Palladium: $700.58
Bloomberg.com
— Ag Commodities —
Corn: $328.00/bu/USD
Wheat: $399.00/bu/USD
Soybeans: $960.50/bu/USD
Oats: $174.75 bu/USD
Rough Rice: $9.53/cwt/USD
Canola: $460.70 CAD/mwt
Live Cattle: $100.03/lb./USD
Feeder Cattle: $128.20/lb./USD
Lean Hogs: $58.93/lb./USD
PAGE 7
Bloomberg.com