BAKER CITY HERALD • SATuRDAY, JunE 18, 2022 A3
SPORTS & LOCAL
Three Bulldogs picked for all-star baseball series
Baker City Herald
Three seniors from Baker High School’s baseball
team have been picked to play in the Oregon Class
4A All-Star Series this weekend at North Marion
High School in Aurora, south of Portland.
Baker players selected are Logan Capon, Con-
nor Chastain and Hayden Younger.
The annual event, which features the state’s top
Class 4A graduating seniors, started in 1979, and
until 2019 the series was played in Roseburg.
The all-star series moved to North Marion in
2019. This year’s games will be at Bob Brack Sta-
dium. A 9-inning game is set for 5 p.m. on Satur-
day, June 18, with two 7-inning games, the first
starting at noon, on Sunday, June 19. An awards
ceremony will follow Sunday’s doubleheader.
In addition to being picked for the all-star series,
Capon, Chastain and Younger were each named to the
Class 4A all-state baseball teams earlier this month.
Capon was named to the second team as a utility
player. Chastain was a third team outfielder, and
Younger an honorable mention pick as an infielder.
A fourth Bulldog, sophomore Hudson Spike,
was named to the second team as an outfielder.
Council
Continued from Page A1
Taiwan is America’s eighth-largest
trading partner, and the U.S. is Tai-
wan’s second-largest trading partner,
according to the U.S. Department of
State.
10th Street project
Michelle Owen, the city’s public
works director, said city officials have
been discussing this project, also
known as the North Baker Street Im-
provement Project, with members
of the design team from the Oregon
Department of Transportation.
Letters will be sent in July to prop-
erty owners primarily on 10th and
Cedar streets, she said.
The project also includes Hughes
Lane, but Owen said money isn’t
available now to do much on that
road.
One of the more contentious as-
pects of the project is a proposed re-
Ian Crawford/Baker City Herald
Ian Crawford/Baker City Herald
Baker senior Hayden Younger scores the final run of Baker’s 15-5 win over Mac-Hi
in the first game of a doubleheader sweep on Friday, April 29, 2022, at the Sports
Complex.
building of the intersection at 10th
Street and Hughes Lane/Pocahontas
Road, near the northern city limits.
Owen said a proposed design
should be available within a week or
two.
Other business
Also on Tuesday, councilors:
• Approved a plan of action to ad-
dress a deficiency that the city’s audi-
tor, Gaslin Accounting, found while
preparing the audit for the 2020-21
fiscal year.
In a letter to the city, the auditors
described the deficiency: “Prior year
financial closing journal entries were
not posted. As a result beginning
fund balance accounts did not agree
to the audited financial statements
from the prior year. We recommend
that the City general ledger be com-
pared to the audited financial state-
ments upon their completion each
year and that beginning balances also
be compared to the prior year closed
general ledger.”
The city has submitted a plan of
action to the Oregon Secretary of
State’s audits division.
The plan states that “All funds are
now reconciled with the Audited Fi-
nancial Statements. In the future, au-
dits will be submitted by December
31 of each new year and adjustments
will be posted by January 31st.”
• Unanimously rejected three re-
cent offers to buy lots in the city-
owned Elkhorn View Industrial
Park. Councilors discussed the of-
fers during a work session prior to
the regular meeting. The amounts
per acre were lower than in previous
sales, according to the city. Previously
the city sold a lot for $18,000 per acre.
Elkhorn Drilling offered $52,260
for three lots totaling 4.53 acres
($11,536 per acre), Melo Excava-
tion offered $22,200 for 1.85 acres
($12,000 per acre), and Salmon
Creek Builders offered $22,500 for
1.85 acres ($12,162 per acre).
Formula
Continued from Page A1
The Michigan factory was
closed after the Food and Drug
Administration began investi-
gating four bacterial infections
among infants who consumed
powdered formula from the
plant. Two of the babies died.
Abbott continues to state that
its products have not been di-
rectly linked to the infections,
which involved different bacte-
rial strains.
FDA inspectors eventually
uncovered a host of violations
at the plant, including bacterial
contamination, a leaky roof and
lax safety protocols, according
to The Associated Press.
Abbott restarted production
at the Michigan plant on June
4, but severe thunderstorms on
June 13 forced the company to
temporarily stop formula pro-
Settlement
Continued from Page A1
Mosier said the county has
paid $125,000 to the previous
owners, who were defendants
in the lawsuit the county filed
Feb. 7, 2019 — Timber Canyon
Ranch LLC, Kennerly Ranches
LLC and Forsea River Ranch
LLC.
That was a one-time pay-
ment.
The other terms of the set-
tlement, however, are binding
on the new owner of the 3,500-
acre property where two gates
were installed, Allen Potato
LLC of North Powder.
The road also crosses prop-
erty owned by Forsea River
Ranch LLC, which also granted
the county a permanent pub-
lic right of way. The gates are
not on the Forsea River Ranch
property.
Commission Chairman Bill
Harvey cast the lone dissent-
ing vote. He said in September
2021 that although he sup-
ported creating a permanent
public right-of-way on the road,
he voted no because he believes
a section of the proposed set-
tlement — which is retained in
the final version — misstates
the situation. That paragraph
states that when one of the pre-
vious owners, Todd Longgood,
locked gates in 2017, “one or
more responsible officials at
Baker County” advised him
that he was “legally authorized
to do so.”
Harvey contends that’s not
true.
“They were only given per-
mission to close a gate by some-
body who is representing our
road department,” he said. “No
one person in Baker County
has the legal right to close any
road in Baker.”
Although Harvey, along with
commissioners Mark Ben-
nett and Bruce Nichols, signed
the Jan. 20 settlement, Harvey
wrote next to his signature: “I
Ian Crawford/Baker City Herald
The supply of infant formula was slim at Baker City’s Safeway store on
June 14, 2022.
duction again.
Abbott had prioritized
ramping up production of the
specialty formula for infants
with severe food allergies and
digestive problems who have
few other options for nutri-
tion, the AP reported. Once it
restarts, the factory will begin
with the production of EleCare
and other specialty formulas.
Abbott says it also plans to re-
start production of its Similac
formula as soon as possible.
Chancey and Vera Grove,
director of the Rachel Preg-
nancy Center in Baker City,
which among its other services
voted not to approve.”
As part of the settlement,
both parties agreed to dismiss
the lawsuit “with no costs or
attorney fees payable to any
party.”
The settlement also states
that it “shall not in any way be
construed as an admission of li-
ability or wrongdoing by either
party.”
Northern Blues was extreme
for 31 straight days, July 27 to
Aug. 27, so the gates could have
been locked for five days.
In 2017 the fire danger was
extreme for 53 straight days,
July 29 to Sept. 19. That sum-
mer the gates could have been
locked from Aug. 24 to Sept. 19.
The settlement also includes
a paragraph regarding the pos-
sibility of changing the fire dan-
ger threshold used to determine
when the property owner can
lock the gates.
It reads: “The parties ac-
knowledge that fire danger has
increased in recent years and
that it may be necessary to re-
vise the standard selected as
circumstances evolve in the fu-
ture in order to appropriately
balance the goals of preserving
public access and protecting
the properties crossed by the
roads.”
When can the gates be locked?
The question of when the
landowner can lock the gates
depends on the fire danger
rating for the Northern Blues
region, one of six subunits in
Northeastern Oregon mon-
itored by the Blue Mountain
Interagency Dispatch Center in
La Grande.
(The Connor Creek Road
property is not actually within
the Northern Blues region,
however.)
The agreement states, in part:
“When a condition of extreme
fire danger is imposed by the
relevant public agencies and
has continued for more than 26
consecutive days in Northern
Blues subunit 6, Defendants are
authorized to close and lock the
gates and to leave them locked
until Extreme FDR (fire danger
rating) is lifted for the Northern
Blues subunit 6.”
In 2021, when the fire danger
was at near record levels due to
drought and prolonged heat,
the rating was extreme for the
Northern Blues for 40 straight
days — July 13 to Aug. 21.
Based on the terms of the
settlement, the gates could have
been closed for 14 days, from
Aug. 8-21.
The fire danger in the North-
ern Blues dropped from ex-
treme to high on Aug. 22, 2021.
The criterion wasn’t met in
either 2020 — when the fire
danger was extreme for just 13
days — or 2019, when the dan-
ger never reached the extreme
level.
In 2018 the fire danger in the
County required to improve,
maintain road
The settlement requires the
county to improve the section
of the road across the defen-
dants’ property, and to main-
tain it in the future.
The settlement states: “Baker
County will make improve-
ments to Connor Creek Road
consisting of filling in potholes,
installing culverts and grading
the road at various locations
to reduce erosion and improve
travel. Those improvements
shall be completed by no later
than November 1, 2022.”
As for ongoing maintenance,
the settlement requires the
county to maintain the road
at a relatively low standard,
the same as for other “non-all-
weather roads.” The road does
not have to be graveled, for in-
stance.
Lawsuit history
The road in question connects
the Lookout Mountain Road to
the Snake River Road, in the up-
per Connor Creek area.
ABOVE: Baker’s Connor Chastain bats
against Ontario during a doubleheader
Lisa Britton/Baker City Herald
on Friday, April 15, 2022, at the Sports
Complex. Chastain had 3 RBIs on the day as Baker won both games easily.
ABOVE RIGHT: Baker’s Logan Capon runs the bases during the Bulldogs’
8-6 win over Homedale, Idaho, on Wednesday, March 30, 2022, at the
Baker Sports Complex.
Councilors also formed a subcom-
mittee to work on a marketing plan
and to discuss guidelines for future
property sales in the industrial park.
Councilors Dean Guyer, Shane Al-
derson and Kenyon Damschen will
serve on the committee.
• Voted 3-2 to add $50,000 to the
budget for the fiscal year that starts
July 1 to pay to pave an approxi-
mately 480-foot-long section of Indi-
ana Avenue near the city’s drinking
water reservoir.
The city’s budget board, which
consists of the seven city councilors
and seven community members,
voted last month to remove that
money from the budget.
Members of the homeowners as-
sociation in the Scenic Vista subdi-
vision initially requested the work
in March 2021. The association in-
cludes 10 lots and eight homes.
Councilors approved the project in
June 2021.
Owen acknowledged in the city’s
2022 pavement management plan
that the project is “somewhat con-
troversial” because the homeowners
won’t pay part of the cost, as the city
typically requires in what are known
as Local Improvement Districts.
Owen noted that the paving proj-
ect isn’t as extensive as typical, with
“modest base work” and a paved sur-
face 20 feet wide, less than a typical
street.
During Tuesday’s meeting, Dixon,
who along with Waggoner and
McQuisten voted to reinstate the
$50,000, said “We told those people
that we were going to do that and I
think we need to honor our commit-
ment to them.”
Alderson and Guyer voted no.
Councilor Kenyon Damschen ab-
stained, saying he had a conflict of
interest as he owns property in the
subdivision.
• Awarded the $5,000 Anderson
Perry Scholarship to Caitlin Lien, a
2022 Baker High School graduate.
helps provide formula to par-
ents, both said the shortage has
become a widespread problem
locally in the past month or so.
This week, shelves in the in-
fant formula sections at Baker
City’s Rite Aid, Safeway and Al-
bertsons stores had quite a lot
of empty space.
As larger cities tapped out
their stock, desperation pushed
some shoppers hundreds of
miles, consequently forcing
them to buy in bulk to save
trips, exacerbating the demand.
Some families took more ex-
treme measures, watering down
formula or substituting milk.
That can be harmful for in-
fants, Chancey said.
“Cow and goat’s milk do
not provide appropriate vita-
mins and minerals for infants
including iron, Vitamin C,
Vitamin D and other nutri-
ents,” Chancey said. “Oregon
WIC (Women, Infants & Chil-
dren, a program that provides
vouchers for foods, including
formula) has been offering
substitutes for their standard
formulas and the list has con-
tinued to grow as the shortage
has continued.”
Last month Congress voted
on emergency support for for-
mula manufacturing, and Pres-
ident Biden eased import rules
for foreign makers of formula
and invoked the Defense Pro-
duction Act of 1950 to commit
further resources toward pro-
duction.
Chancey urges families to
buy only as much formula as
they need.
“Don’t buy excess amounts
of formula,” she said. “If one
family has 10 cans at home an-
other family might not be able
to find any.”
Grove said the Rachel Cen-
ter had formula this week.
“We’re welcome to share it
while supplies last,” she said.
Typically, Grove said, the Ra-
chel Center doesn’t distribute
much formula because most of
its clients acquire formula with
WIC or food stamps. Most of
the formula the Center has is
donated, she said.
The Rachel Center, at 2192
Court Ave., is open Tuesday,
Wednesday and Thursday
from 10 a.m. to 4 p.m. (except
noon to 1 p.m., when the office
is closed for lunch.) The phone
number is 541-523-5357.
Chancey said “one of the
best resources we have been
able to refer to is Building
Healthy Families. They have
been able to provide formula to
families at no cost.”
Building Healthy Families
can be reached at 541-524-2331
or online at oregonbhf.org.
In 2017, Todd Longgood
and the Dennis Omer Hansen
Revocable Living Trust bought
property in the area and in-
stalled locked gates across the
road at their property bound-
aries.
County officials objected to
the road closure, and eventually
chose to sue.
The contested road con-
nects two county roads — Daly
Creek Road, northeast of Look-
out Mountain, and the Snake
River Road just above Brown-
lee Reservoir.
The road is commonly called
Connor Creek Road, as it fol-
lows that stream for a few miles
from its eastern terminus at the
Snake River Road. The gates,
however, are at the opposite,
western end of the road.
In its lawsuit the county
contends that the road is a his-
toric public route that can’t be
blocked.
Longgood’s attorneys dis-
agreed, citing historic maps,
property deeds and other re-
cords as evidence that the gated
road was built after the land
was converted from public to
private.
In the lawsuit the county
contended that a resolution
county commissioners passed
in 2002 affirms the road as
public and precludes landown-
ers from blocking access on
that road.
Commissioners passed that
resolution after a different
property owner, on the eastern
end of the road at the Connor
Creek Mine about two miles
from the Snake River Road,
also put in a locked gate. The
resolution, citing a one-sen-
tence federal statute from 1866
that assures public access to
routes not otherwise reserved,
states that the entire Connor
Creek Road, including the
section crossing the property
Longgood owned, is a pub-
lic right-of-way that can’t be
blocked.
That 1866 statute is com-
monly known as RS 2477.
Other counties have cited the
statute to show a route is legally
open to the public. The key to
proving a claim under RS 2477
is that the route in question was
being used before the property
it crosses was reserved for an-
other purpose, a common ex-
ample being that the land was
transferred from public to pri-
vate ownership.
Charles Hudson, the defen-
dants’ attorney, argued that the
basis of the county’s argument
is flawed because the Con-
nor Creek Road, in its current
alignment, was not built until
after the property that Long-
good owned was transferred
from public to private owner-
ship.
As a result, Hudson con-
tended, the county’s RS 2477
claim is invalid.
Lillie Rebecca Nelson
June 5, 1934 - June 10, 2022
Lillie Rebecca Nelson passed
away June 10, 2022, in Baker
City, Oregon, with her family
by her side. A graveside service
will be held in Salmon, Idaho, at
a later date.
Lillie was born to William
and Ann Bennett in Winton,
Wyoming, on June 5, 1934.
She grew up in Rock Springs,
Wyoming, with her 4 brothers
and 3 sisters. She graduated from Rock Springs High
School.
Lillie met her husband, Jack Nelson, in Salt Lake
City, Utah. After a short courtship they eloped in Ely,
Nevada, and were married for 58 years.
Jack and Lillie moved to Salmon, Idaho, where they
were blessed with 4 children, Lori, Janet, Jacklyn and
Jeff.
Lillie enjoyed golfing with her husband, fishing with
family and traveling to see new things. She loved being
a grandmother and constantly spoke on how happy her
grandkids made her feel when they were around.
Lillie was a perfect example of compassion, faith
and love. She welcomed everyone into her home and
made them feel like family. Lillie made sure no one left
her home hungry.
Lillie was preceded in death by her husband, Jack,
daughter, Jacklyn and her brothers and sisters.
She is survived by her children, Lori Larsen of
Gooding, Idaho, Janet Barsalou of Salmon, Idaho,
Jeff and his wife, Carmen Nelson of Baker City, OR;
8 grandchildren and 16 wonderful great-grandchildren
The family requests in lieu of flowers to please
donate to your local humane society through Tami’s Pine
Valley Funeral Home and Cremation Services, P.O. Box
543, Halfway, Oregon 97834. Online condolences can
be shared at www.tamispinevalleyfuneralhome.com.