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TEN - Heppner Gazette-Times, Heppner, Oregon Wednesday, June 22,2011 Court asked to reconsider Oregon soldiers get wind judgment employment help The Oregon Land Use B oard o f A ppeals (LUBA) has asked the Mor row County Court to recon sider an earlier decision regarding a wind project near lone. In Jan u ary , the court ruled that the 48-tur- bine Willow Creek wind farm exceeded the state’s noise control rule at a near by home. The court gave Invenergy, the project’s par ent company, six months to comply with the rule. Last week, LUBA countered the decision. The court decision had upheld part of an ear lier ruling by the Morrow County Planning C om mission, which stated that Invenergy broke the state noise rule at four homes. The planning commission used a “black and white” standard that stated that noise from the wind farm, plus background, must not exceed 36 decibels at near by homes. Invenergy’s own study showed that noise at all four homes grew louder than 36 decibels at times, according to the East Or egonian. After an appeal by all parties to the Morrow County Court, the court determined that three of the wind farm’s neighbors lacked evidence to support their claims. It upheld the planning commission’s de cision concerning the fourth home. According to LU- BA’s legal experts, though, the court needs to explain why its interpretation of the rule stood at one home but not the three others. “ ...if the county court adheres to its view that the 36 dBA standard is violated at the Williams residence...it must adopt an explanation for that view that is sufficiently devel oped for LUBA review,” LUBA wrote. The wind farm ’s neighbors say that wind developers need to choose an assumed level of back g ro u n d n o ise p rio r to construction, and either conduct an ambient noise study—which Invenergy did not do—or abide by the strict 36 decibel rule. LUBA sta te d it could not find language re quiring such a choice in the law. LUBA also stated that requiring such constraints could make it difficult for developers if the back ground noise rose above 36 decibels, since they could break the law without mak ing any noise. “ We conclude it is highly unlikely that the authors of (the law) would have intended that result,” LUBA wrote. Invenergy is cur rently taking active steps toward com pliance with the court order, according to county planner Carla McLane. with a twist B usinesses, em ployment agencies and em ployer support volunteers are coming together in a unique effort to help pro vide employment services for deployed area soldiers. The employment process usually takes place when troops return home; how ever, Oregon’s pilot project is focused on what can be done while soldiers are still in theater. In September, the Oregon National Guard’s 3rd Battalion, 116th Cavalry based out of eastern Oregon will return from a year-long deployment in Iraq. When these soldiers come home and take off their uniforms, the goal is for them to have jobs to report to. This pilot project will help them to avoid the ranks of the un employed. The b a tta lio n ’s leadership is aware that employment is a key readi ness factor for reservists. It has great impact on service members, families and the military unit. They have legitimate concerns regard- DA’s Report The office of Mor row County District At torney Justin Nelson has released the following re port: -Oscar Miguel Me- PUBLIC NOTICE FORM LB-1 NOTICE OF BUDGET HEARING A meeting of the Heppner Cemetery Maintenance District will be held on June 23, 2011 at 5:30 pm at 180 Rock Street, Heppner, Oregon The purpose of this meeting will be to discuss the budget for the fiscal year beginning July 1. 2011. as approved by the Heppner Cemetery Maintenance District Budget Committee A summary of the budget is presented below A copy of the budget may be inspected or obtained at 180 Rock Street Heppner, Oregon between the hours of 5:30 p.m and 8:00 p.m. This budget was prepared on a basis of accounting that is consistent with the basis of accounting used during the preceding year C ounty C h airp erso n of G o v sm m g Body City Morrow Heppner T a lsp h o n s N um ber Christopher "Kit" George FINANCIAL SUMMARY 541-676-5871 Adopted Budget This Year 2010-2011 26,608 18,050 35,316 0 7,005 0 0 55,692 142,671 101,171 41,500 142,871 41,500 f l check this box if your budget only has one fund TO TA L O F ALL FUN D S 1. Total Personal Services 2 Total Materials and Supplies 3 Total Capital Outlay Anticipated 4 Total Debt Service ....................................................... Requirements 5 Total Transfers 6 Total Contingencies 7 Total Reserves and Speciai Payments 8 Total Unappropriated Ending Fund Balance 9 Total Requirements add Lines 1 through 6 10 Total Resources Except Property Taxes Anticipated 11. Total Property Taxes Estimated to be Received............... Resources 12 Total Resources add Lines 10 and 11 13 Total Property Taxes Estimated to be Received (line 11) Estimated 14 Plus: Estimated Property Taxes Not To Be Received Ad Valorem A. Loss Due to Constitutional Limits Property Taxes B. Discounts Allowed, Other Uncollected Amounts 15 Total Tax Levied Approved Budget Next Year 2011-2012 27,485 16,641 36,123 0 6,100 0 0 55,166 141,515 98,515 43,000 141,515 43,000 3,547 2,998 48,045 2.908 3,055 48,963 Rate or Amount Tax Levies By Type 16 Permanent Rate Limit Levy (rate limit 0 5413)............... 17 Local Option Taxes 18 Levy for Bonded Debt or Obligations Rate or Amount 0 5413 0 0 0 5413 0 0 STATEMENT OF INDEBTEDNESS Debt Outstanding M None M As Summarized Below FORM LB-2 M None Debt Authorized, Not Incurred 1 1 As Summarized Below FUNDS NOT REQUIRING A PROPERTY TAX TO BE LEVIED Name of Fund: Parpatoal C a n Fund Actual Data Last Year 2009-10 Heppner Cemetery Maintenance District Adopted Budget Thi* year 2010-11 Approved Budget Next Year 2011-12 1. Total Personal Services 2. Total Materials and Services 3. Total Capital Outlay ................................... 4 5. 8 7. Total Debt Service Total Transfers Total Contingencies ................................. Total Reserves and Special Payments............ 8 Total Unappropriated Ending Fund Balance 9 Total Requirements .................................. 10 Total Resources Except Property Taxes 2,000 2,005 1,100 43,824 45.824 45,824 43,944 45,949 45,949 44,186 45,266 45,266 Actual Data Last Year 2009-10 Name of Fund: Adopted Budget This year 2010-11 Approved Budget Next Year 2011-12 1 Total Personal Services 2. Total Materials and Services 3. Total Capital Outlay ................................. 4 5. 6 7 8 Total Debt Service Total Transfers Total Contingencies Total Reserves and Special Payments Total Unappropriated Ending Fund Balance 9 Total Requirements 10 Total Resources Except Property Taxes FORM LB-3 1,186 35,316 36,123 30,200 31,386 31,386 0 35,318 35,316 0 36,123 36,123 FUNDS REQUIRING A PROPERTY TAX TO BE LEVIED Heppner Cemetery Name Actual Data Last Year 2009-10 of Fund: G e n e ra / Fund 1 Total Personal Services 2 Total Materials and Services A d o p te d B u d g e t A p p ro ve d B u d g e t T h i s y e a r 2 0 1 0 -1 1 N e x t Y e a r 2 0 1 1 -1 2 24,420 14857 26,606 18,050 27,485 16,641 4,000 5,000 5000 43,077 17,320 39,570 56,890 11,748 81.406 19 906 41,500 81,406 41,500 11,000 60,126 17,126 43,000 60,128 43,000 3,547 2,998 48 045 2,906 3,055 48 963 3 Total Capital Outlay 4 Total Debt Service 5 Total Transfers .............................................. 6 Total Contingencies 7 Total Reserves and Special Payments 8 Total Unappropriated Ending Fund Balance 9 Total Requirements 10 Total Resources Except Property Taxes 11 Property Taxes Estimated to Be Received 12 Total Resources (add lines 10 and 11) 13 Property Taxes Estimated to be Received (Hn# 11) 14 Estimated Property Taxes Not to be Received A Lots Due to Constitutional Limit B Discounts Other Uncollected Amount* 15 Total Tax Levied Rate or Amount 16 Permanent Rate Limit Levy (rate limit 0 5413) 17 Local Option Taxes 18 Levy for Bonded Debt or Obligations Published: Junel5, and 22, 2011 Affidavit ing job availability and their ability to land a job when they return home. Unit leadership is working to encourage and support its soldiers as they go through the employment process. The battalion will expose their troops to re sume writing, assist with job applications and teach interviewing techniques. The goal is to provide ev erything necessary to en able their soldiers to find jobs while deployed. In this case, the focus is on securing employment dur ing the last six months of deployment while serving in Iraq. Ray G race, out reach coordinator in Hep pner, said that “ ...the 3rd Battalion 116th Cavalry’s leadership is right on target with this effort. Soldiers within the battalion want and will need employment once they arrive home from Iraq. I also see this ESGR project as a ‘best practice’ model that can be used by other military units that re deploy in the future.” Rate or Amount 0 5413 0 0 0 5413 0 0 jia, 25, was convicted of As sault in the Fourth Degree, a Class A Misdemeanor. He was sentenced to 30 days incarceration with the Local Supervisory Authority and 36 months bench probation. Total fines, fees and assessments were $1,238. -J a m e s W ayne Speaker, 29, was convicted of Rape in the Third De gree, a Class C Felony. He was sentenced to 30 mon ths custody of the O regon D epartm ent o f Corrections and 2 years post-prison supervision to include sex offender follow-up treatment and no direct or indirect contact with certain persons dur ing two-year supervision period. Total fines, fees and assessments were $ 1,608. -Daniel Albert Bo- zarth, 51, was convicted of Attempt to Commit a Class B Felony-A ssault 2 and Unlawful Use of a Weapon, both Class C felonies. He was sentenced to 3 years supervised proba tion subject to 180 sanction units with 90 jail units on both counts. Total fines, fees and assessments were $886. -Daniel Val Carlile, 35, was convicted of Pos session o f M ethamphet- amine, a Class C Felony. He was sentenced to 18 months supervised probation subject to 90 sanction units with 30 jail units. Total fines, fees and assessments were $1,428. -Oscar Miguel Me jia, 25, was convicted of As sault in the Fourth Degree, a Class A Misdemeanor. He was sentenced to 180 days custody of the Local Supervisory Author ity, w ith 150 days sus pended and the defendant sentenced to probation. He was sentenced to 36 months bench probation. Total fines, fees and assessments were $1,238. -Joel Ernesto Ro driguez, 25, was convicted o f Possession o f Meth- amphetamine, a Class C Felony. He was sentenced to 6 months drivers license suspension, 60 days incar ceration and 1 year post prison supervision. Total fines, fees and assessments were $678. ~ Letters to the Editor ~ The Heppner Gazette Times will print all letters to the Editor with the following criteria met: letters submitted to the newspaper will need to have the name of the sender along with a legible signature. We are also requesting that you provide your address and a phone number where you can be reached. The address and phone number will only be used for verification and will not be printed in the newspaper. Letters may not be libelous. The GT reserves the right to edit. The GT is not responsible for accuracy of statements made in letters. Any letters expressing thanks will be placed in the classifieds under “Card o f Thanks” at a cost of $ 10. Letter to Heppner folks tells of dramatic wildfire (Editor’s note: The following letter on the recent 39,000-acre fire at Mayhill, NM from Dee and Jay North- cott, fire control officer of the Sacramento Ranger District, Lincoln National Forest at Cloudcroft, New Mexico, was sent to Karen and Dale Holland of Heppner, who were lookouts at Cloudcroft for 13 years. Dale, who submitted the letter to the Gazette, says that Mayhill is a town about the size of Lexington, and was surrounded by fire.) To the Editor: May 27, 2011 Karen and Dale, Yes, the fire was a little excessive, but not as bad as it could have been. Making a long story short, Jay had been home maybe two days total since Easter Sunday, and when the Grave Yard Fire broke (name was later changed to Mayhill Fire), Jay and the team were in the Hobbs, Artesia, Roswell area, working three fires, think that one of the names was the Crooked Creek Fire. Thus, the morn ing of the fire, he and the team were gone, and our house was surrounded on three sides by a blistering fire and unmerciful winds, and I heard on the scanner “evacuation of Mayhill subdivision.” Then the power went off—the fire fanned by the 50-mile-an-hour plus gusts. Winds pushed it closer and closer to the house. I had gotten the elderly man from his home above ours and he was here. He had just gotten out of the hospital and I was going to take care of him, so that he did not have to go to a shelter in his condition. Then the phone rang—it was Jay—he started in on a normal condition, saying “Hi Honey, how is it going. Sorry I did not get to call last night.” Then I finally said, “Honey, I see fire from the porch in all three directions.” Then he said, “Honey, I know, but stay calm and tell me what you see—color of smoke, wind directions, and all that you can tell me—the team is on the way, so stay there as long as it is possible and I will be there soon.” He got here in a flash, drove Oak Circle, and buzzed by the house, saying, “Honey, you stay here. I am going to go and get some help, but that flank there is coming your way fast. If you see flames at this tree, you and Cecil get in the car and don’t look back.” The winds did not stop and the hot ash was falling everywhere, but as of that time, nothing has spotted yet. Then I heard a familiar song being sung and the stomping of many boots. Soon the yellow and green were in the front yard and pointed in the position of the fast-moving fire, then turned and saw the flames and went into action. And then more units came in, a couple of F.S. engines and all of a sudden our little subdivision was a buzz of muffled chain saws and voices. Jay came by and gave us a thumbs up and said, “We have one more area. If I can’t hold it with the cat line, you will have to leave.” All is happening so fast, and soon we heard the moans and groans of the cat—so knew he was doing all he could to stop the tall grasses from jumping the road and so sat in the choking air and watched the massive clouds of smoke hover over the house. And with no electric and only one phone working, I lit an oil lamp and sat and waited. About 4 a.m. Jay crawled in bed with me and at 5:30 he got up, showered and left again. And then I saw him about every other night or so since. He is tired, but is fine and yes, the damage done in Cherry Canyon was not good, but the J Hill R IC was not badly burnt, so that part was a good test, but Hilda Bain lost her three homes, on in Carr Canyon and the two right across the highway from the Mayhill Compound entrance. They were gone when jay and the team drove in to take over the fire. I had my big girl panties on, but was scared as it edged closer to the front door. So was so very glad to have Jay and the team here to take over the fire. I cried when I saw him, for knew then that I was going to be okay. But that fire went hopping from one side of the highway to the other and back and forth, clear town towards Artesia and went into the reservation. But with the winds, do not quite understand how they ever got it slowed down—even with the freezing nightly temp. The winds kept it going. Now, if and when we get some rain, we will be flooded like crazy, for so many of the canyons off the highway were totally burnt, nothing left...so they will fill the highway with rocks and mud. The big wigs as well as Jay’s office have been looking at all of these areas to see where homes, water wells and etc., are going to need to be protected, so it has been early to work and home just before the sun peeks out—but the winds will not stop. (S) Jay and Dee Northcott Golf Scramble a success The wheat grower associations of Morrow and Gilliam Counties hosted their annual golf scramble earlier this month at the Willow Creek Country Club in Heppner. The day started and ended wet, but excitement peaked with a three-way tie for first place. The tie was broken by a putt-off to determine the winner. Awards were pre sented as follows: 1st Place Team: Darrin Padberg, Kelwayne Haguewood, Jeff Cutsforth and Mark Schlichting. 2nd Place Team: Jim Swanson, Larry Lutch- er, Walter Powell and Jack Osterlund 3rd Place Team: Jared Lathrop, Don Dag gett, Shane Matheny, Del la Heideman and Loren Heideman Men’s KP ~ Brent Martin Men’s Long Drive - Mike Jesch W om en’s KP ~ Kim Cutsforth W om en’s Long Drive ~ Lindsey Ropp