8 — THE BAKER COUNTY PRESS
FRIDAY, JANUARY 27, 2017
Local
City Council: Ostrander resigns, Andersen sworn in
• POLICE UPDATE
DANGEROUS DOG
ORDINANCE
BY GINA K. SWARTZ
Gina@TheBakerCountyPress.com
Mayor Downing called
the meeting to order
precisely at 7 p.m. Coun-
cilor Abell led the pledge
of allegiance and offered
a quick reading about
hope for her invocation.
City Recorder Julie Smith
called roll with all Coun-
cilors present she quickly
moved on to administering
the Oath of Office to Arvid
Andersen, who was unable
to attend the last meeting
and swearing in of all other
newly elected Councilors.
After Andersen was
sworn in, Downing
addressed the consent
agenda, which consisted of
only the minutes from the
January 10, 2017 meeting.
Councilor Thomas made a
motion to accept with no
additions or corrections.
Councilor Joseph made a
second and Council unani-
mously passed the motion.
Downing called for Citizen
Participation—with none
Council moved forward to
the lengthy agenda.
Appoint City Council
Representative To The
Parks and Recreation
Board
With former Mayor Kim
Mosier’s term having
expired, a replacement
Council member needs to
be appointed to serve the
role as Council liaison.
A representative from
Council is required as
stated in Ordinance #3303.
Councilor Joseph spoke
up volunteering for the
position.
Councilor Thomas made
a motion to appoint Joseph
with a second heard by
Abell. A unanimous vote
was cast appointing Joseph
to the Parks and Recreation
board.
Abell advised Council
that a Council representa-
tive was also needed to
serve on the Northeast
Oregon Economic Devel-
opment District and she
would like to serve there.
Thomas moved to
appoint Abell to the
NEOEDD with a second
by Joseph. A unanimous
vote was then cast.
Justice Court Quarterly
Update
Court Administrator
Michael Finney addressed
Council stating that rev-
enue for this quarter had
been down. He attributed
that to the weather and
indicated that while City
citations filed with the
Court were down, County
Citations filed were also
down.
He noted that State
Police citations remained
steady. He updated Council
regarding the filing of
non-person crimes with
the court that was a recent
change.
The goal of that change
was in effort to help
free up the Circuit Court
docket. Finney stated that
the Circuit Court Trial
Court Administrator had
indicated to him that so far
Circuit Court had not seen
a notable decrease in their
caseload.
Finney advised Council
that the amount of time and
resources involved with
processing Criminal Cases,
that weren’t overly profit-
able to the Court, was sig-
nificant and if the intended
reason for Justice Court
taking on those cases was
not achieving the desired
results, lightening the load
for Circuit Court, the issue
may need to be revisited
with removing those filings
and placing them with
Circuit Court again.
He also noted the Court
had added one Court clerk
within the last month and
that they were currently
in the training phase with
their new employee.
He stated that to his
knowledge there were not
any significant legislative
changes on the horizon but
that he would be attending
a conference in April and if
any issues were coming up
he’d learn of them there.
School Choice Week
Proclamation
Downing read and signed
a declaration recogniz-
ing January 22-28, 2017
as School Choice Week.
School Choice week is cel-
ebrated across the county
by students, parents, edu-
cators, schools and organi-
zations to raise awareness
for the need of effective
educational options.
Resolution #3783: In-
terfund Loan and Resolu-
tion #3781 Changes to the
2016/2017 Budget
Jeanie Dexter, City
Finance Director addressed
Council on both matters.
First she asked for Coun-
cil’s approval of resolu-
tion #3783 allowing an
interfund loan between the
General Fund and the State
and Federal Grants for up
to $500,000.
This is in response to an
approved task order for
rehabilitation of airport
aprons. The project is
funded through an FFA
grant and a Connect Or-
egon Grant.
Both grants are payable
on a reimbursement basis
and although reimburse-
ment is asked for frequent-
ly throughout the project
a negative cash balance is
a possibility. An interfund
loan while waiting for re-
imbursements is necessary
to avoid that situation.
Joseph moved to ap-
prove the interfund loan
with a second made by
Thomas. A unanimous vote
passed the motion. Dexter
then moved on to resolu-
tion #3781 changes to the
2016/2017 budget.
Dexter state, “This year
has seen unprecedented
amounts of snowfall. As
of December, the City had
used 100% of its budget
allocation for snow and
ice control.” Noting that
with nearly two months of
Winter remaining, it was
staff’s recommendation
that $100,000 be trans-
ferred from the street fund
contingency to the snow
and ice control department.
Dexter indicated that
further transfers would
likely be needed as time
progressed as the transfer
of $100,000 would only
meet their current costs to
the end of the month.
Thomas and Joseph
questioned why it was be-
fore them to only transfer
$100,000 when clearly that
would not be enough to
cover the remainder of the
snowy season.
Dexter attributed that to
not seeing final numbers
until payroll went through,
which was that day, and
therefore information had
already gone to Council.
She did explain that if it
was the Councils wish the
amount could be amended
to include an additional
monies and that it was
likely future monies would
come from the street fund
and would likely delay
certain projects.
Michelle Owen spoke to
Council about the possibil-
ity of transferring 10% of
her street sweeping budget
since the streets were not
in need of being swept
currently therefore she was
seeing savings there that
could be utilized.
Andersen expressed
concern over ice jams in
the river as thawing oc-
curs, Owen stated she had
been working with Baker
County Emergency Man-
agement on that issue and
assured Anderse, “We are
as ready as we can be.”
Joseph moved to approve
the resolution as writ-
ten, not transferring any
extra monies at present.
A second to that motion
was heard by Thomas. A
unanimous vote passed the
resolution.
Mutual Agreement and
Order Negotiation with
DEQ
Owen addressed Council
that DEQ has agreed to an
MAO with the City over
concerns with wastewater.
In recent months the City
was issued a violation for
exceeding the allowable
BOD( Biological Oxygen
Demand) limits in water
that was discharged into
the powder river.
In an effort to resolve
the issue Council agreed
to enter into negotiations
with the DEQ to modify
permits. That MAO also
includes completing a
wastewater facilities plan
by the end of 2017, City
submission of plans and
construction schedule of
proposed improvements
within 12 months of the
approval by DEQ of the
facilities plan, and con-
struction of improvements
within 27 months of ap-
proval of plans.
Owen reminded Council
if they chose to agree to
this they are understanding
that the project can cost
anywhere from 3-5 million
dollars. Owen said it was
her opinion that DEQ can
often delay things that was
the reason for a general
timeline that would need
to be adhered to, but not
a harden fast timeline
however it would all need
to happen in approximately
four to five years.
She spoke briefly about
where funds might come
from including a water
rate hike. She indicated
that they have been saving
$2 per customer already
to benefit this project but
that she sees another rate
hike on the horizon. Mayor
Downing asked Owen, “If
we fail to meet a deadline,
then what? Do we get fined
daily?”
Owen’s facial expression
indicated that might be the
case but she diplomatically
said, “The DEQ wants us
to be successful, they see
no value in fining us daily.
They want us out of river.”
Owen indicated they would
continue to explore land
application as a good and
possibly lower cost option.
Joseph made a motion to
approve the MAO. With a
second from Abell Council
unanimously approved the
motion.
YMCA Contract Up-
date
City Manager Warner
advised Council that they
had before them a new
contract between the City
and the YMCA regarding
Sam-O-Swim.
The contract was to run
February 28, 2017 through
June 30 2018. The new
contract called for the City
to assume the responsibili-
ties of all janitorial servic-
es, pool testing chemicals
and internet.
The new boiler that
was installed in late 2016
requires it to be internet
connected. The City, at the
time, simply purchased a
router in order to operate
that machinery.
After some debate about
the internet and public ac-
cessibility to that internet
including a motion made
by Joseph to approve the
contract before them with-
out assuming the respon-
sibility of internet Heidi
Dalton, Baker County
YMCA CEO, addressed
Council advising that cur-
rently at the fitness center
the internet band with is
spilt so that office internet
and public use internet are
separate securing office
internet.
She believed that to be
the case at the pool as
well, ensuring the security
of the pool administra-
tion as well as the security
of the boiler. The idea of
extending the contract for
two years was also tossed
into the discussion with
Councilors, Dalton and
Warner all agreeing that
was a good idea. Councilor
Joseph withdrew his mo-
tion and restated his mo-
tion accepting the contract
but extending it to expire
June 30, 2019 and begin-
ning February 28, 2017.
Councilor Thomas made
the second on that motion
unanimous vote was then
cast.
Dangerous Dog
Ordinance Amend-
ment Ordinance #3352
Truancy Ordinance
Amendment Ordinance
#3353
Chief Wyn Lohner
addressed Council regard-
ing the need to amend the
current dangerous dog
ordinance #3327. Lohner
stated that in requesting
the amendment to the
ordinance he was declar-
ing it to be an emergency
in order to push it through
more quickly. There are
two proposed amendments.
The first will allow
the Hearing Officer more
flexibility in decisions. As
the ordinance stands now
each of the sanctions must
be applied rather than the
Hearing Officer being able
to require only some of the
sanctions.
The current Hearing Of-
ficer is Paula Sawyer.
Lohner said, “In her
words, if the Council were
to allow more flexibil-
ity she ‘would be able to
provide a better service
to our community and the
dogs that live here, while
encouraging responsible
dog ownership.’”
The second will allow
the Hearings Officer or
The Municipal Court Judge
the authority to order the
euthanization of a vicious
dog. Since its enactment in
January 2014, 30 danger-
ous dog hearings have
been held with 13 being
declared dangerous dogs
and one dog owner being
deemed a problem owner.
Currently, one dog is
being held in impound
after being deemed a
dangerous dog, waiting for
a vicious dog evaluation.
While impounded that dog
has bitten one Veterinary
technician.
Lohner said, “A different
vet tech told me this is the
most dangerous dog she’s
been around.”
Lohner went on to say,
“The owner of this dog has
not complied with the ordi-
nance and has not kept the
Gina K. Swartz / The Baker County Press
Arvid Andersen was sworn in Tuesday as the new-
est member of the Baker City Council.
dog secured. The owner
now wants to move the
dog out of the city limits.”
Passing the amendment of
the ordinance would allow
the animal to be euthanized
rather than continue to
pose a threat.
Lohner read the ordi-
nance aloud with changes
and Council voted unani-
mously to accept the
reading and then to have
a second reading which
they again unanimously
voted to accept. The third
and final reading will be at
the next regularly sched-
uled Council meeting. The
public is invited to attend
that meeting should they
want to speak regarding
the matter.
Lieutenant Newman also
addressed Council con-
cerning amendments to the
Truancy Ordinance #2976.
With 30 truancy letter
sent so far this 2016-2017
school year it seems neces-
sary to amend the current
ordinance that has been in
place since 1988.
The ordinance does not
allow Baker City Police
Officers or the School
Resource Officer to get
involved in truancy is-
sues until letters go to
parents and meetings are
had, which can often take
months. Changes will al-
low police and the SRO to
act more swiftly. Currently
it can take weeks for a
meeting between parents,
the student and school of-
ficials to address the prob-
lem. Newman’s amend-
ments also call for more
student accountability,
whereas before it was all
parental based. It will also
expose juvenile offenders
to the Baker County Juve-
nile Department.
As Newman said there
are a lot of different rea-
sons why truancy occurs
and moving faster on the
topic to discover underly-
ing issues will assist with
getting those that need it
back on track. Newman
also put this amendment to
be in emergency.
The Ordinance was read
in full and accepted by
unanimous vote as was a
second reading. A third
reading will also be had at
the next Council meeting
and again the public is
invited to attend and com-
ment on the matter.
Disaster Declaration
A last-minute addition
to the agenda had Coun-
cil hearing and voting on
whether the City should
declare a disaster due of
the incredible amount
of snow and cold tem-
peratures we have had
this season. By declaring
a local disaster, the City
would be eligible for any
future funding that may be
allocated because of the
winter conditions.
Warner clarified that at
this time he was unaware
of any funding and that de-
claring a disaster was not a
guarantee that any funding
would be made available.
Upon a motion by Council-
or Joseph and a second by
Councilor Abell Council
unanimously passed the
declaration.
Before City Manager
Comments Council al-
lowed Adam Nilsson, a
candidate for appointment
to a Council seat vacated
at the last Council meeting
by Daniel Lowe to speak.
Mr. Nilsson gave some
background about himself
and expressed how much
he wished to be a part of
this City government.
Council thanked him for
introducing himself.
Warner reminded Coun-
cil that there was a Council
orientation scheduled for
Jan. 31st and offered the
option of inviting all three
of the candidates, Nilsson,
Dan McQuisten, and Dan-
iel Buck to that Orientation
and give each a chance
to allow Council to get to
know them a bit before an
appointment is made most
likely that night.
In his City Manager
comments, Warner advised
Council that he had heard
from the County Commis-
sioners and that they were
asking for a dual meeting
in which the 911 contract
would be a main talking
point. It was agreed that a
joint meeting was prob-
ably most easily scheduled
when a Commission meet-
ing was already scheduled,
that way Commissioner
Mark Bennett, who lives
out in the Unity area, was
sure to be available. War-
ner also informed Council
that he would like to send
out an RFP (request for
proposal) for legal ser-
vices.
Chief Lohner added that
his department had earlier
that day received train-
ing and were now each
carrying Narcon (generic
Naloxone), a drug used
to help prevent death
by overdose of opiates.
Lohner cited two widely
unknown drugs, Fentanyl
and Carfentanil, a power-
ful elephant tranquilizer,
are often laced in heroin.
Those drugs are posing a
threat to law enforcement.
According to Lohner,
officers exposed to either
drug can suffer immedi-
ate respiratory distress
and were trained to self-
administer the Narcon if
necessary.
As the Council moved to
Council comments newly
elected Jamie Ostrander
turned in his resignation
effective at the end of the
meeting. Ostrander did not
give details as to the reason
for his departure, only that
he was very sorry and had
felt honored to be part of
Council although it very
short lived. With nothing
further Mayor Downing
adjourned the meeting.