FRIDAY, OCTOBER 27, 2017
THE BAKER COUNTY PRESS — 5
Local
City Council approves grant Van Sickle
BY GINA K. SWARTZ
Gina@TheBakerCountyPress.com
Tuesday evening City
Council met for its regu-
larly scheduled bi-monthly
meeting. Mayor Downing
called the meeting to order,
then led the Pledge of Al-
legiance followed by the
invocation.
City Recorder/Hu-
man Resource Manager
Julie Smith Called roll.
All Councilors were
present except Councilor
Joseph. Mayor Downing
then turned to the Consent
Agenda that consisted of
minutes from the regu-
lar meeting September
26,2017, minutes from the
regular meeting October
11, 2017 and minutes from
the special meeting Octo-
ber 12,2017.
Councilor Thomas
moved to approve the
minutes as they were with
no additions or correc-
tions. Councilor Mc-
Quisten made a second. A
unanimous vote followed.
Mayor Downing called for
citizen participation. See-
ing none he proceeded into
the evenings agenda.
Justice Court Update
Trial Court Administrator
Michael Finney addressed
Council. He advised that
revenue was up only
slightly over last year at
this same time.
He spoke of the new cell
phone law that recently
went into effect where
drivers could be charged
with a Misdemeanor if
caught violating the new
law for a third time. He
stated that he had talked
with the Deputy District
Attorney about the matter
but was still unsure if that
crime would be filed in
Justice Court or Circuit
Court.
He addressed the con-
cern of property abate-
ments telling Council
that the current budget
to clean up court ordered
abatement properties was
inadequate and explained
that there were currently
about five properties that
were ordered for cleanup,
however, the budget would
only allow for two to be
done.
He explained how that
was problematic for the
Court system and asked
Council, “If there is any
way, find a way to increase
that budget,” so that the
system could work as
intended.
He told Council the
Court was exploring
the addition of a LEDS
terminal for easier access
to driving records for De-
fendants but acknowledged
that the cost of having
that capability may make
that impossible. Finney
advised Council that he
understood the Baker City
Police Department was
considering the possibility
of moving in the direction
of e-citations.
Finney urged Council to
support this decision and
told them that they had
been using the e-citation
system for some time
with other agencies and it
was very efficient in that
citations were uploaded
into their system quickly,
there were not “lost” cita-
tions that ended up getting
dismissed because they
weren’t fled with the court
and most importantly they
were legible. “I don’t know
if you’ve seen some of
the officer’s writing?” he
asked.
Finney also advised that
Judge Williams would not
be running for another
term when his current term
expires.
Ordinance #3359 Devel-
opment Code Update
Holly Kerns Planning
Director with the plan-
ning department spoke
to Council regarding
proposed changes to the
development code for the
freeway overlay district to
reflect changing commu-
nity conditions and needs.
Larger signs were also be-
ing requested so that they
could be seen by freeway
traffic.
The new Grocery Outlet
Store going in on the east
side of the freeway was a
driving force behind these
requested changes.
In addition, the term bill-
boards was recommended
to be changed as the term
that is being used now is
outdoor advertising signs.
The Planning commis-
sion has met concerning
the matter and advertised
for public comment before
this was brought before
Council for a final deci-
sion.
As required, Mayor
Downing opened a public
hearing on the matter.
Tom Muller of Baker City
stepped forward and spoke
stating that he felt if excep-
tions for some businesses
were made regarding
bigger signs then every-
one would follow suit and
if denied lawsuits could
follow.
“Keep the signs small.
Promote your mom and
pop places,” Muller said.
“I’m afraid you’re opening
Pandora’s box.”
Megan Alameda also
approached Council
questioning height require-
ments that may obstruct
our City’s views and
questioned what are we
saying to travelers about
Baker? These signs are not
advertising our local com-
munity.
Mayor Downing then
closed the public hearing.
Councilor Abell moved to
have a first reading of the
ordinance with a second by
Councilor McQuisten.
A 5:1 vote was cast for
hearing the first reading
with Councilor Nilsson
being the only Councilor to
vote no.
Before Kerns read the
ordinance, City Manager
Warner added that he had
been to one of the planning
commission meetings and
voiced his concern about
changing the approved
signage for everyone.
Warner stated that one
business that was affected
the most by being in a spot
that was very difficult to
see from the freeway was
the new Grocery Outlet
going in.
He stated that he had
suggested that rather than
change the development
code for everyone that a
variance be made for this
one instance, but stated the
planning commission had
not been in favor of that
idea.
It was also noted that
signs were prohibited from
being digital or having any
moving components.
Kerns read the Ordinance
in full.
Councilor Abell moved
to accept the first reading
with a second by Councilor
McQuisten.
Again, there was a 5:1
vote with Nilsson oppos-
ing, but passing the mo-
tion. A motion for a second
reading was not heard.
SAFER Grant Analysis
City Manager Warner
addressed Council provid-
ing them with a print out of
what he said was “My final
analysis—I hope.”
He told Council that
the County had voted to
partner with the City and
help fund the grant match.
In Warner’s analysis he
noted a few more things to
consider before the final
vote to accept the grant.
First, he noted the base
pay that would be of-
fered at $40,650 noting
that these were entry level
positions and were highly
unlikely to be eligible for
family insurance or will
have advanced certifica-
tion.
Second, he stated that it
would most likely prove
difficult to hire three ad-
ditional firefighters in the
time frame they have.
Due to the relatively low
pay scale Warner said, “We
will probably be hiring
personnel with little to no
experience.”
He lastly noted that due
to the nature of the grant
there would be risk that at
the end of the grant, if the
City and County had not
come up with a solution to
retain these positions there
was risk of having to pay
out unemployment.
Warner stated that be-
lieved that taking the grant
was still the best option
and felt that the City and
County both were com-
pelled to work together to
find a final solution that
would be beneficial and
sustainable to all involved.
He recommended Coun-
cil approve acceptance
of the grant. Tom Muller
again addressed Council.
He expressed his opposi-
tion to the taking of this
grant.
Muller spoke of how
he felt the City Manager
and City Councilors were
unable to handle the City’s
finances effectively.
He spoke to the recently
added Public Safety Utility
Fee that was added to City
water bills and how that
had negatively affected
many of the elderly and
citizens on fixed incomes.
He said, “I hope you are
all voted out of office.”
Councilor McQuisten
moved that the City accept
the SAFER grant but con-
tinue discussions with the
County for a more perma-
nent solution.
Councilor Andersen
voiced a second.
Councilor Nilsson stated
that while he agreed with
Muller in regard to sad-
dling the citizens with a
fee to offset costs he felt
it would be irresponsible
for the City to not take this
grant.
Councilor Abell stated
that she felt some of what
was heard at the joint City/
County meeting about the
grant was compelling and
voiced another second to
McQuisten motion. The
vote was unanimous to ac-
cept the grant.
2018 EPA Brownfield
Grant Application
Megan Alameda, Baker
High School and BTI Sci-
ence instructor approached
Council. For five years
she has been working with
students on Brownfield
projects.
It all started when prop-
erty was donated to the
school district.
That property was re-
searched and found to need
environmental remedia-
tion.
Since that time, it was
learned that Baker County
was the second highest in
the state for Brownfield
sites according to an EPA
list based on properties
prior uses.
Alameda and the City
have partnered together
and applied for a grant
that, will if awarded,
will allow her students
to research and identify
potential Brownfield sites
in Baker City in the areas
of Main Street, Broadway
Avenue, and 10th Street.
Alameda stated clearly to
Council that there was no
cost to the City with this
grant. She indicated that
the grant was written with
much student involvement
and praised her students
for their level of involve-
ment.
She said, “Some these
kids were looking to get
out of Baker, now they
are looking at “How can I
make my community bet-
ter?” According to Alame-
da the students are respon-
sible for all efforts to clean
up identified brownfield
locations. She also noted
the work that her students
have done out at the old
Lime plant.
They are working to
restore the property and
hope to one day see the
County-owned land sold
and redeveloped.
Alameda was recently
commended for her work
with the students being
honored by the EPA and
the White House Council
on Environmental Quality
by receiving the Presiden-
tial Innovation Award for
Environmental Educators.
Before the Council voted
whether or not to support
the grant application Coun-
cilor Thomas posed the
question, “Do we have the
second highest locations
because we are looking for
them?”
Alameda explained that
a list was compiled off of
data that indicated property
land use that was poten-
tially contaminating to the
land. She cited the logging
and mining industries as
being large contributors
to the reason such a high
number of sites exist here.
Councilor McQuisten
moved to approve Coun-
cil’s support with Coun-
cilor Thomas seconding.
Council unanimously
passed the motion. Al-
ameda advised that the
deadline to apply for the
grant was fast approaching
and that they would not
know until the spring if the
received the grant.
City Manager/Director
Comments
City Manager Warner
quickly advised Council
that an agreement was in
the works to bring power
to the business park east of
the freeway.
He also advised that he
and Councilor Andersen
were going to the water-
shed with some of the for-
est service representatives
to rally physically look at
the watershed and identify
projects for this upcoming
spring that can be worked
on.
Council Comments.
Councilor Nilsson spoke
stating some personal
issues he felt he need to
speak on were that he felt
strongly that the City take
another look at the Mari-
juana industry as a way to
increase revenue.
If not actual outright
dispensaries, then maybe
some of the other neces-
sary industrial ties to the
legal recreational use.
He also spoke to the train
noise level in Baker City
and assured that he was
still working on that.
He also commended
Council Andersen for his
unwavering commitment
to cleaning up the water-
shed.
pleads guilty
On October 19 in Baker
County Circuit Court, Kira
Van Sickle of Meridian,
27, pled guilty to Crimi-
nally Negligent Homicide
in relation to the death of
an infant she was caring
for September 20, 2014.
Submitted Photo.
Van Sickle was sen-
Kira Van Sickle
tenced to 42 months in
prison by Baker County
Circuit Court Judge Greg Baxter. The plea followed a
settlement conference between the parties on October 19,
2017. The plea agreement allowed the parties to argue for
a prison sentence between the range of 16 to 55 months
in prison. Following the sentencing arguments, Judge
Baxter sentenced Van Sickle to 42 months in prison to be
followed by three years post- prison supervision.
The standard sentencing guidelines sentence for Crimi-
nally Negligent Homicide is 18 months in prison, or if the
death involves driving under the influence of intoxicants,
up to 36 months in prison. The agreed upon higher range,
was based on the Assault First Degree and Murder Charge
being dismissed as part of the plea agreement.
Although the injuries to the child occurred in September
of 2014, the child later died due to complications with
pneumonia in June of 2016. The child had been trans-
ferred from Idaho to a facility in Utah where she suffered
significant issues due to her head injury prior to her death.
Van Sickle was originally indicted in June of 2015 for
Assault in the First Degree and Criminal Mistreatment.
Following the victim’s death, a grand Jury indicted Van
Sickle for Murder and First Degree Manslaughter as well
as Assault in the First Degree. Judge Baxter indicated in
his decision the 42- month-sentence was warranted due
to the plea being based on facts related to the death of a
child and brain injury.
“We felt this was a fair result in considering that the
Defendant’s actions in injuring the child were likely done
under duress and in a spontaneous moment of frustration.
This agreement allowed the court to consider all aspects
of the case from the defendant’s lack of criminal history
to the gravity of the loss of life of an infant,” said District
Attorney Matt Shirtcliff. “We also wanted to make sure
that there was a homicide-related conviction in the case
as opposed to just assault, so that there was recognition of
the loss of life.”
Shirtcliff added, “We are going to be aggressive in filing
charges where there is clear evidence of child abuse but
will be fair in looking at what sentence is appropriate
where the crime does not involve intentional conduct.
Medically based cases with expert witnesses are difficult
so it is good to ensure a conviction and accountability.
All of our expert witnesses were out of state so although
cost is not a primary factor in case decisions, once you
are in the sentencing range that is appropriate it is good to
be able to resolve the case in a way that also benefits the
county.”
Man arrested
for shooting
On the afternoon of
October 20, 2017, 32 year
old John Day resident
Kevin J. Rapp was arrested
for the shooting of Kyler
Weisenback and lodged at
the Grant County Jail for
the charges of Attempted
Murder, Assault in the 1st
Submitted Photo.
Degree, Unlawful Use of a
Weapon, and two out-
Kevin J. Rapp
standing warrants.
During the early morn-
ing hours of October 16, 2017, 27 year old Eugene resi-
dent Kyler Weisenback was awoken while camping and
shot twice with a small caliber firearm. Weisenback was
camping at the Dixie Creek Campground near the Dixie
Summit, located east of Prairie City, Oregon.
Weisenback was first flown to a Bend area hospital and
subsequently transferred to a Portland area hospital for
treatment.
The investigation is active and further information will
be released as it becomes available.
Boards need
volunteers
Baker County is seeking volunteers for the following
boards/committees:
Baker Valley Vector Control Board
Baker County Museum Commission
Baker County Compensation Board
Wolf Depredation Advisory Committee—The Commit-
tee is seeking volunteers for the co-exist position.
Northeast Oregon Housing Authority
Northeast Oregon Economic Development District
(NEOEDD)
Baker County Budget Board
Western Heights Special Road District
For additional information please contact the Commis-
sioner’s Office at 541-523-8200 or by emailing hmartin@
bakercounty.org.