BAKER CITY HERALD • TuEsDAY, OCTOBER 11, 2022 A3 LOCAL 2 years later, Taste of Baker makes a triumphant return Samantha O’Conner/Baker City Herald Ideal weather helped attract people to the Taste of Baker event on Saturday, Oct. 8, 2022. “It was great to see a lot of people out again on the streets, milling around, and eating good food.” — Jenny Mowe, a former Baker City Downtown board member Samantha O’Conner/Baker City Herald Downtown Baker City was bustling on Saturday, Oct. 8, 2022, as the Taste of Baker returned after a two-year hiatus. “I think everybody wanted to see it come back,” she said. Demand was so high that some vendors ran out of cer- tain items quickly. Live music by Chris John- son and Nancy Ames added to the festive atmosphere on Fire Store Continued from A1 Continued from A1 An MD-87 jet air tanker dropped retardant on the fire, and two he- licopters dropped water. Aircraft costs for even a one-day fire can run into the tens of thousands of dollars. The fire didn’t damage any struc- tures, and there were no evacua- tions. Meyer said two or three engines patrolled the fire during the day over the weekend. “There is still some heat in some of the heavier pockets of fuels,” he said. Some of those pockets are in- side control lines, and with warm, dry weather forecast to continue all week, Meyer said it’s possible the fire could produce small amounts of smoke. He also noted that although nights are chillier than during the summer, and the period of peak sunlight a couple hours shorter, the fire risk remains. “Fuels are still extremely dry out there,” Meyer said. “Just because it gets cold at night doesn’t mean there’s not a risk of fire. We just hav- en’t gotten that good shot of rain to moderate things.” Stauffer said People Helping People works with a variety of community or- ganizations. “We help with the (Housing and Urban De- velopment), we help with the jails, we help with the corrections, we do com- munity service, we have volunteers and we also work with Shelter from the Storm, DHS, churches, care organizations,” she said. “We work with veterans, homeless people, recovery employment opportunities, local businesses, Commu- nity Connection and East- ern Oregon University and we also work with the DHS and the CHD and the care programs.” The Baker City store’s in- ventory includes a variety of clothing, furniture and jewelry. Stauffer and her staff are still setting up for receiv- ing donations and will an- McCarty Continued from A1 McCarty, 56, was arrested at his Ben Dier Lane home, near Pine Creek, on Sept. 26. He was released from the Baker County Jail after posting 10% of the $25,000 bail. McCarty is scheduled to enter a plea on Nov. 8 at 1:45 p.m. in Baker County Circuit Court. The Baker County grand jury issued a secret indictment on Sept. 22 charging McCa- rty with one count each of aggravated first-degree theft, first-degree criminal trespass- ing and second-degree theft. In a brief filed Oct. 4, Baker County District Attorney Greg Baxter outlines the sequence of events that led to the indict- ment and McCarty’s subse- quent arrest. Baxter filed the brief with Baker County Circuit Court Judge Matt Shirtcliff in sup- port of Baxter’s proposal that McCarty, as a condition of his release, not be allowed to come within 50 feet of the cabin. The Sanderses bought the property, including the cabin, in December 2002. The cou- ple have made annual prop- erty tax payments since then, according to assessor’s office records. In 2016, Brad Royal, who owned the parcel just west of the Sanders property before — Debbie Henshaw, Baker City resident who supports a recall Recall BY SAMANTHA O’CONNER soconner@bakercityherald.com One of Baker City’s favorite events returned this year af- ter a two-year hiatus: Taste of Baker. Main Street downtown was bustling with people lining up to sample the tasty wares from a variety of restaurants on the sunny and unseason- ably balmy Saturday afternoon of Oct. 8. Some lines even overlapped, such as the lines for Mulan Garden Restaurant and AJ’s Corner Brick. The Main Event was not shy of long lines, either. It was a welcome sight to residents, visitors, and mem- bers of Baker City Downtown (BCD), which organized the showcase of local food options. “I think it was a great event. It was great to see a lot of peo- ple out again on the streets, milling around, and eating good food,” said Jenny Mowe, a former BCD board member who is in charge of the orga- nization’s promotions com- mittee. Mowe has received a lot of great feedback from busi- nesses and participants. She said they are still look- ing at token sales but they are seeing high numbers, possibly the highest on record. “I’m really happy that the BCD board stepped up and helped us run it and get ev- erything organized and get sponsors this year,” Mowe said. She thanked the sponsors for making the event happen again, after it was canceled in 2020 and 2021 due to the pan- demic. Mowe said she was also grateful to the businesses that helped get the word out and get a menu together. “The people have the right to petition their government for a redress of their grievances.” Ian Crawford/Baker City Herald Rows and rows of clothing racks offer a variety of choices at the People Helping People thrift store, now open at 2017 Main St. in Baker City. nounce when they’re ready to handle donors. “The most interesting donation is someone’s false teeth,” she said. Stauffer says her faith was a driving factor in es- tablishing thrift stores in the area, fostering com- munity wherever she feels needed, and though she McCarty challenges county’s road legalization resolution David McCarty’s attorney has filed a petition seeking a judicial review of Baker County’s resolu- tion designating as public a segment of the Pine Creek Road that runs across his property. County commissioners approved that resolution Aug. 17. Its purpose is to ensure the public can travel on the road through the property McCarty bought in September 2020. Soon after buying the land, McCarty installed a locked gate at the eastern end of his property. Joelleen Linstrom, who lives with McCarty, said he allowed people who called a phone number posted on the gate to walk or ride horses on the road. In a separate legal action, the lawsuit McCarty filed against the county in April 2021 is still active. McCarty is asking for either a declaration that the disputed section of the Pine Creek Road crossing his property is not a public right-of-way, or, if a jury concludes there is legal public access, that the lim- its of that access be defined and that the county pay him $730,000 to compensate for the lost value of the land based on the legal public access and for other costs he has incurred as a result of the selling it to McCarty in Octo- ber 2021, had an attorney send a letter to the couple claiming that an extension of the porch on the Sanders cabin had en- croached on his property. The property owners didn’t settle the matter, according to Baxter’s brief, but he contends that the episode demonstrates that Royal “knew that the cabin was on Sanders’ prop- erty” but that an extension of Main Street, which was closed to traffic during the two-hour event to make it easier for peo- ple to get from side to side and to mingle. “I’ve always really loved this event and would hate to see it ever not happen,” Mowe said. “It killed us to not have it the last two years, but it’s back now and it’s such a great event.” didn’t have a handy count of how many attended the opening day, she says it was a positive experience and counted each one as a blessing. “We all just enjoyed ev- ery moment of it,” she said. The shop will be open Tuesdays through Satur- days, 9 a.m. to 7 p.m. county’s actions. In the petition that McCarty’s attorney, Janet K. Larsen of Portland, filed Oct. 6, Larsen writes that the county “exceeded its jurisdiction” in designating as public a section of Pine Creek Road. That section is about 1.5 miles. Larsen writes in the petition that for more than half that distance, the road the county deemed as public is “com- pletely distinct from any previously established or described right-of-way. The County instead unlaw- fully appopriated a private road construction by one of the petitioner’s predecessors in title. This private road did not appear in available aerial photography and mapping until the 1980s.” Larsen points out that when county commission- ers tried in the fall of 2020 to prove that the Pine Creek Road was public, they cited an 1891 survey. That route has been “physically abandoned” and is not the same as the current road, Larsen wrote. “The County purported to legalize a County Road that was inconsistent with its own available histori- cal records,” the petition states. Larsen also wrote that the county has failed to respond to McCarty’s requests for public records “di- rectly relevant to the history of the roads in the area, including any petition or resolution for the creation of the road.” the porch might have crossed the property boundary. Baxter writes in his brief that the deed and other doc- uments filed when McCarty bought the property from Royal last year have “no men- tion of a cabin, or any other structure,” on the parcel that McCarty bought. In the spring of 2022, James Sanders visited his cabin and found that the lock on the — Jayson Jacoby front door had been cut, ac- cording to Baxter’s brief. Sand- ers also found a sign stating: “No Trespassing — McCarty.” Sanders called the Baker County Sheriff’s Office, and Deputy Chad Mills investi- gated. According to Baxter’s brief, in a recorded phone call on June 3, McCarty told Mills that he “had the property sur- veyed and that the cabin is on Henshaw said the lawsuit is “immature and childish,” Continued from A1 and she vowed to continue The plaintiffs are repre- to help Husk gather signa- sented by attorney Vance tures. Day. “I will continue to stand According to the lawsuit, up for what’s right for the the false statement in the citizens of this city,” she recall petition is the same in said. the petitions for McQuis- Henshaw said she’s con- ten, Dixon and Waggoner. cerned that the lawsuit The petitions each state could discourage people that the councilor in ques- from signing the petitions. tion “has directly Henshaw said sanctioned the dis- she considers this a solution of the pro- First Amendment fessional fire de- issue. partment in Baker “The people have City, destroying the the right to peti- network of public tion their govern- safety that has been ment for a redress Dixon in place for more of their grievances,” than 100 years.” she said. Husk said in a Husk started the phone interview on recall effort this Monday, Oct. 10 summer, not long that he had not yet after he resigned been served with as a city firefighter the lawsuit. and took a job as a He said he stands firefighter in Uma- McQuisten by the statement in tilla County. the petitions about To force a recall the councilors. election, he would “Fundamentally need to collect at I think that’s true,” least 680 signatures Husk said. from registered He said he con- voters who live in siders the lawsuit the city. There is a separate petition “bogus” and a case Waggoner for each councilor, of the plaintiffs’ but voters can sign trying to “intimi- multiple petitions. date and bully” him. None of the three coun- “To me it’s another exam- cilors who filed the com- ple of why they’re unfit for plaint against Husk and the office they hold,” Husk Henshaw will definitely be said. in office beyond Dec. 31, He said he believes he 2022, regardless of a recall. will prevail in the lawsuit. Dixon and Waggoner Husk said the campaign to collect signatures to force are serving terms that end that day. Waggoner is seek- a recall election has been ing reelection in the Nov. 8 going well. election; Dixon is not. “The response from the McQuisten is leaving her public has been positive so position in late November far,” he said. Each of the plaintiffs also because she is moving out- side the city limits and as a alleges that Henshaw made a statement to a person who result will no longer be el- igible, per the city asked for infor- mation about the charter, to serve on recall. The state- the council. ment attributed to Husk was mo- Henshaw: “Thank tivated, both in you for the cu- changing jobs and riosity. In a tiny in pursuing the nutshell, our city recall, by the city Husk council and mayor council’s decision allowed our city to have the fire de- manager to dissovle our city partment cease operating ran gold-standard fire de- ambulances after Sept. 30 of partment and ambulance this year. service. We no longer have City Manager Jonathan enough firefighters on shift Cannon told councilors to enter a burning bulding, in late March that he be- and instead of the excel- lieves the city can’t afford to lently dually trained EMT/ continue to operate ambu- Firefighters, we now have lances because the cost to an ambulance service who’s do so is exceeding the rev- (sic) staff rotates out. ...” enue the city receives from Henshaw, like Husk, said ambulance billing. her statement is, in her Baker County commis- view, true. sioners, who by state law are “There are no lies in that responsible for ensuing am- I can see,” Henshaw said. bulance coverage, including She said the statement is in Baker City, in early June one she posted on a Face- hired Metro West, a private book page in response to ambulance provider. a question about what had The company has been prompted the recall cam- responding to ambulance paign. calls since early June. his property.” According to the brief, Mc- Carty told Mills he didn’t re- call what company had sur- veyed the property. Three days later, on June 6, 2022, Mills met with McCa- rty and again asked about the surveyor. This time, according to Mills’ report, McCarty de- clined to name the surveyor. In his brief, Baxter writes that Baker County Asses- sor Kerry Savage and Shawn Berry, who works in the asses- sor’s office, confirmed that the line between the Sanders and McCarty properties “has not been recently surveyed and that the property where the cabin is located (tax lot 600) is still owned by the Sanders.” McCarty’s attorney, Kyra Rohner of Baker City, filed a memorandum on Oct. 5 con- testing Baxter’s request that McCarty be restricted from coming within 50 feet of the cabin. In her memo, Rohner notes that the Sanderses, along with another couple who own property along Pine Creek, Tom and Betty Ann Lager, filed a civil suit against Mc- Carty in July 2022. The two couples contend McCarty has deprived them of the use of their properties by installing a locked gate on the Pine Creek Road. The lawsuit also men- tions that McCarty removed the lock on the Sanders cabin and replaced it with one of his own. Rohner writes that McCarty “continues to assert his legal right to the cabin.” She wrote that James Sand- ers has acknowledged “he did not know where the property boundaries are between his lot and McCarty’s.” Rohner cites, as evidence supporting McCarty’s claim that the cabin is on his prop- erty, two maps, both overlaid on aerial photos, one from Anderson Perry and Associ- ates and another from a cell- phone mapping app. The two maps show the cabin, or at least most of it, being on Mc- Carty’s property. Rohner also writes that “Mr. Sanders acted in a man- ner consistent with not hav- ing ownership rights in the cabin when he contacted law enforcement to retrieve his personal property from the cabin.” Baxter’s brief has a different explanation, one that doesn’t imply that the Sanderses aren’t confident they own the cabin. Baxter wrote that the couple “know that if they attempt to take back physical possession of the cabin on their own, then there will likely be a confron- tation. Instead, they contacted law enforcement with the hope that the criminal justice system would be able to hold the Defendant accountable.”