Showing posts with label cattle grazing. Show all posts
Showing posts with label cattle grazing. Show all posts

Saturday, August 31, 2013

Part 2--Thoughts about the Council Work Session of August 29, 3013


[Edited previous post and split it into two parts, added material about the 2004 forced resignation of Public Works Director Dick Fleming to the end of this part, 8/31/13. Again, if the YouTube videos don't play, just click on the link above them. Updated 9/2/13 & 9/3/13]

Councilor Dorrah did a good job of getting the Council to focus momentarily on need to keep cows out of the watershed in order to protect our drinking water and exemption from filtration, but here's the problem. A few Councilors called the meeting, not to address the problem of cows in the watershed, not to solve how we got into a crisis that has caused Baker City to endure hundreds of illnesses and serious financial pain, not to talk about how staff has kept information about so many relevant and pressing problems from us, not to talk about the apparent lack of qualifications held by any staff member, or their incompetence in protecting our watershed over the last several years, but apparently only to talk about how some Councilors are uncomfortable about how other Councilors refer to staff when speaking or writing about the problem.

This video contains the gist of that self-righteous discussion, which took up an almost unendurable portion of the meeting:

After the meeting, I told Council that my opinion was:
Anyway, I  appreciated Dennis' reporting to the Council what he found and did about it , otherwise the meeting WOULD HAVE BEEN A COMPLETE WASTE OF TIME!

Guess what--Council etiquette on intra-Council emails ISN'T THE PROBLEM. Don't make yourselves the issue! YOU'RE NOT! hate to watch Councilors of equal station lecture each other on their values and tell others how to act, while completely ignoring a major problem--The staff doesn't tell you what you need to know and they are not taking care of business. If everyone just keeps on being polite to each other, after a three year record of incompetence, the citizens are going to get screwed again!   The problem is not Council etiquette on email, the problem is that Public Works is not communicating with upper staff and Council, the Public works Director should still be a secretary and be replaced by an engineer, and that specifically, PW didn't tell Council twice about major problems in the watershed.  ENOUGH ALREADY!

BIG PS
The Council is elected by the people to take care of the problem for the people, not to serve the sensibilities of staff and sensitive Councilors.
Yes, I'm frustrated, and I think others are too.
[More background: Section X(B) of the Baker City Watershed Management Plan states:
B) Personnel Education/Experience:

(1) Minimum education of key personnel in Watershed Management:

(a) Director of Public Works minimum qualifications: Graduation from a four year college or university with specialization in civil engineering and three years of progressive responsible professional experience in public works administration including supervisory capacity; or any combination of experience and education that demonstrates provision of the knowledge, skills, and abilities listed above.
Additionally, please view this YouTube video which shows Mayor Langrell discussing the need to keep cattle out of the watershed and the fact that he had just learned that morning that Public Works was supposed to build a new fence back in the spring of 2012 to keep the cattle out and was wondering if they might want to move that up in their priorities. Here's the link:

8:27:13 Baker City Council Meeting--Mayor Langrell on cattle fence that was not not built ]
                  Michelle Owen responding to Mayor on unbuilt cattle fence

Now Back to Councilor Button's response:
What you missed, Chris, was that we asked for the meeting to discuss council activities that were happening behind the screen of privacy.  At various times, individual councilors (who were most likely communicating among themselves) have been conducting policy without the consent or approval of a majority.  We either have representative democracy or we don't.  Looking out for the "people" includes preserving our form of government.  If an individual or a minority can inflict major change on the administration of government without the knowledge of the public, then we would be accused of dishonesty or being asleep at the wheel.  Minority rule is not acceptable. 
Some of us believe that the affect of losing our city manager and some primary staff right now would be a serious setback to the progress of what we can accomplish in the next year.  It would be a huge diversion from focus on solving our immediate crisis, and could spark another year or two of community conflict.   Worse, it would be a setback to the proper function and rule of government. We are trying to get beyond political manipulation to an era of cooperation between reasonable and honest council members who put the community above personal animosities and power politics.  It is not just about feelings, but about your rights as a citizen to expect all members of government to respect the law and process of representative democracy. 
I think the cryptosporidium crisis is being used for political purposes, and the process of minority rule was kicked into gear months ago. What you saw was a polite attempt to speak reason to all parties without being part of the polarization and factionalism that is growing once again.    Some times you have to fight two or more battles at once when that is forced upon you. The interconnections are not always clear, but it is debilitating and distracting from unity of purpose. Some times, the right thing to do is to fight with one hand tied behind your back to set the example you want others to follow.  The bottom line holds. Minority rule is not acceptable.  We are not a dictatorship, and all parties owe it to the public to be open and honest about what they are doing.  Others can pretend they do not know why we called the meeting.  They can continue to hide what they have been doing.  If they succeed, we all bear the consequences. 
My opinion in response was:

Clair, I appreciate that you have responded, but without any specifics, it is impossible for me to evaluate your argument. 
How are individuals or a small minority "conducting policy without the consent or approval of a majority?"  What minority rule?  Nothing has changed, there has been no open discussion of the role of staff in helping to create the crisis and current predicament, let alone holding anyone accountable. If anything has been consistently hidden, it is accountability. 
What "major change on the administration of government" has been afflicted?  You won't even address the incredible communication problems that have kept Council and the public they are supposed to represent in the dark for three years. Again, Nothing has changed. 
I for one would not call for a change in City Manager, but it seems clear that the Public Works Director and one of her staff members bear a good deal of responsibility for our incredibly serious crypto crisis due to their failure to communicate known problems to the City Manager (either that, or Kee is a liar), Council and public for three years and for a negligently lackadaisical attitude. You, the rest of the Council, and Mike should have also known that the Public Works Director was unqualified [by the standards of the Watershed Management Plan when she was put in that position] to serve in that position and she has overseen  three years of incompetent response to a serious threat. Would you like to characterize my concerns as political?  Look at the facts.  Not only that, why don't you start talking about the facts instead of diverting attention to some conspiracy of political manipulation?

No one is indispensable and there are backup certified personnel in the water department as well as an engineer on staff. This problem started when Gilham got rid of a good engineer and put Tim "Scenic Vista" Collins in charge and then Gilham's secretary, Owen, replaced Collins.  For the Council not to rectify the situation by suggesting changes in staff, after the damage that has been done to our community, would be akin to criminal negligence. Mike Kee wasn't elected, Council was, and they can replace him if he doesn't correct a situation that led to the Crypto Crisis.
I haven't received a response from Councilor Button, but Councilor Dorrah noted that:
not only are we not supposed to voice negative opinions publicly or by email, we are not to voice them directly either. 

Sounds like the classic dysfunctional family to me.

OK, so I'll never get a response from a Councilor again. Well, they don't normally respond anyway, and I thought it would provide a needed window into what was  going on.  Their votes, and statements at Council meetings are quite revealing enough in any event. If one becomes a Councilor, they should know that their views should properly be open to all their constituents. After all, as Councilor Button might say, we wouldn't want anything to occur "behind the screen of privacy."
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All the handwringing about a possible shakeup in Public Works seems a little odd when you contrast it with the forced resignation (more like a summary execution) of Public Works Director Dick Fleming back in April of 2004.
The April 5, 2004 Baker City Herald article quotes Fleming as saying "I did not receive any explanation" I really don't know" when asked why City Manager Gilham asked him to resign. 

In addition to cutting the city's payroll, Gilham told the Baker City Herald at the time that:
"Gillham said he sought Fleming's resignation "not so much for performance reasons as work style:
"I like to move at a more aggressive pace, to see more action in certain areas"
Gilham said he was comfortable moving Collins into the public works job because he believes the job requires management skills, but not necessarily technical ones.
 Say what? So he gets rid of an engineer as Public Works Director, which is what the Watershed Plan asks for, and puts then City Attorney Tim Collins in charge? About two years later, Michelle Owen, who I am told had worked for the city in secretarial positions for three years, lastly as City Recorder, was appointed Director of Public Works. I was also told that prior to that she was a checker at Albertsons.  Unfortunately, Ms. Owen's professional and educational qualifications pertaining to civil engineering, and any certifications, do not turn up in any of the annual watershed reports, as required. 

While Mr. Gilham gave some rather odd reasons for his summary execution of Dick Fleming, I have heard that it may have had something to do with a letter he sent to Scenic Vista developer Steven Jones almost a year earlier.

In the April 21, 2003 letter from then Baker City Public Works Director Dick Flaming to Scenic Vista developer Steven Jones, Fleming detailed problems he had with the construction of the Scenic Vista water tanks and other aspects of agreements between the developer and the city.

The City Attorney at the time, Tim Collins, went ahead and accepted the improvements in the subdivision, including the water tanks, a little over three months later, on July 31, 2003. This act made Baker City responsible for the tanks that the state and Mr. Fleming had problems with.

Mr. Fleming was asked to resign less that a year later, April 2004, by then City Manager Jerry Gilham.

Mr. Tim Collins has had a home in the very small (7 homes?) subdivision for about 6 years, and in 2012, the city was forced to pay to replace and upgrade the faulty tanks to the tune of nearly $200,000.

One last item.

In the 2010 Watershed Management Report, dated September 29, 2010, Water Supervisor Larry McBroom wrote that:
In accordance with EPA and DHS, the City is currently sampling raw surface water for Cryptosporidium and Giardia for the long Term 2 Enhanced Surface Treatment Rule. As of this date, lab reports are all negative for Crypto and Giardia. 
We learned later that crypto had been found in the Baker City Water supply as early as April of 2010. If he didn't know about the positive test, who did?
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Part 1--Thoughts about the Council Work Session of August 29, 3013

[Edited and split into two parts, added material about the 2004 forced resignation of Public Works Director Dick Fleming to Part 2, 8/31/13. Again, if the YouTube videos don't play, just click on the link above them.]

Councilor Dorrah says he found more cows in the watershed yesterday, a day after Thursday's Council Work Session where he informed staff and Council that cows were still getting in, but hey, who cares. . . . . After all, Don Foster, the relevant rancher/permittee, assured us in a letter to the editor in the Baker City Herald on August 28, 2013 that:

"These are three-wire drift fences designed so game can jump then, but good enough to turn cattle. Maintenance is not the responsibility of the city or the Forest Service. It is the responsibility of the permittee — yours truly — who grazes the cattle. Being responsible for the fence maintenance, as well as the cattle grazing, I can tell you this: The fencing was done. The cattle, during the time of this crypto outbreak, were in the California Gulch pasture. They are now in the Blue Canyon/Auburn area with some that have drifted north to Elk Creek. While three pair did briefly enter the watershed last week below the diversion they were removed quickly since when I got the call I was nearby and horseback. The fence where they entered was fixed immediately. I have what I consider a good relationship with the city water folks. If they see cattle, or signs of cattle, I respond as soon as possible.  . . . .My family takes our ranch duties and work seriously."
Too bad the city rarely informs the Forest Service of cattle trespass on the watershed, with whom we are told they also have a "good relationship."

The Council work session agenda of August 29, 2013 states under item 3, that the sole purpose was a "Discussion of Council/Staff Relations. I was under the impression that the subject might have something to do with the fact that city staff has seemingly, according to council videos, minutes and personal emails, repeatedly, over a three year period, not reported important facts to the Council, the City Manager, or the public.  I thought that their lack of communication within that apparent relationship, including not informing Council and the public for over a year (March 2010 to November 2011) about the fact that crypto had been found in our water, that they had known since at least 2011 that cows were gaining entry into our watershed, that we were supposed to have a fence installed in in the watershed by the spring of 2012, and that City Manager Kee said he didn't know on August 15, 2013 whether cows had been in our watershed, might be a matter of discussion.  How wrong I was!

Thankfully, Councilor Dennid Dorrah stepped up at the beginning of the meeting to tell Council that during his visits to the watershed over the last week, cows were still in the watershed, in the pasture they were not scheduled to be in, and that the fence to keep them out was in deplorable condition. He actually went up there with his own materials and labor to try to repair the fence during that time to try and keep them out. This after city staff, the Forest Service, and the permittee were informed of the problem!

Here is his presentation, part one:
Councilor Dorrah on Cows He Found In & next to the Watershed 083013


In the video above, Councilor Dennis Dorrah shares information with Council about trips he took this last week to the Elk Creek area of the Baker City Watershed. He relates that even after recent events showing that cows were getting into the watershed that cows are STILL getting in through a poorly maintained fence, are still in the pasture adjacent to the watershed where they are not supposed to be, and that he counted 19 cows in the wrong pasture next to the watershed. On his own initiative, he took fencing materials up to repair a section of leaky fence that runs for about a hundred yards east of the allotment fence gate. His investigation revealed a calf in the allotment (calves are more likely to carry Cryptosporidium parvum which can cause human disease when it gets into the water supply) and then asked for immediate action to put in a good fence in place to keep cows out of the watershed so that we do not face the possibility of another drinking water crisis next spring or summer. He reminded everyone that keeping our water filtration exemption depends upon us making every effort to keep cattle out of the watershed.

He also provided Council with photographs of the fence where he says cows could and did gain access, a photo of two cow/calf pairs just outside the watershed after a calf came back out, and a photo of the repairs he had made:
This is the place where Councilor Dorrah said the calf got in and got out. He noted the lower wire is anywhere from 26 to 36 inches above the ground, and will raise higher when an animal goes underneath. Note bent lower wires.


                    Cows near watershed fence.
There are two cows and two calves outside the watershed fence in this grainy closeup picture. Councilor Dorrah reported that one of the calves was inside the watershed originally, but when he went down to run him out, he charged back to mama who was outside the watershed fence. 

A portion of fence that Councilor Dorrah repaired with new fence posts and wire:

Councilor Dorrah described this as "an area where cattle WERE crossing. The top wire WAS twenty-six inches above the ground. I, with a helper, put in four posts and ran two new strands of barbed wire above the existing fence (which I was able to raise some on the new posts). It held pretty good.....bent but not broken when cattle tried to cross there at their favorite spot."

The Council then responded to Councilor Dorrah's concerns in the following video (description just below video):
Councilor Dorrah on Cows in Watershed Part 2 with Council & Staff Response 082913
Council responds to Councilor Dennis Dorrah's request for quick action on building a new fence to protect watershed from trespass cattle.  City Manager Kee informs Council that most recent results were received and that they are negative for crypto. My questions from an earlier blog are: 
Why weren't City Manager Kee, the Councilors, and the citizens of Baker City more aware of the fact  that Public Works Department personnel have known about cows getting into the watershed for over two years? Why didn't we know that the Department of Public works told the state Drinking Water Program on November 18, 2011, less than two weeks after we were told about the crypto in our water supply, that:"In order to better protect the Elk Creek Diversion Intake we will be constructing new fence next spring [Spring of 2012--over a year ago] along the boundaries of the city owned 40 acre parcel. The new fencing will prevent any livestock from entering into the city property. 
Similarly, why weren't we all, including City Manager Mike Kee, informed early on that the Watershed Management report from March 4, 2013 stated: "Also the City has purchased materials to construct a barb wire fence around 40 acres of City owned land surrounding the Elk Creek Diversion. This fence will provide a barrier for cattle ranging in the close proximity. Currently there is a meandering range allotment fence that extends for miles. This fence protects the Elk Creek Watershed and is in good repair most of the time, but there have been incidents where cattle have found their way to the wrong side of the fence. The new fence will protect the diversion and approximately 1/4 mile ofthe Elk Creek riparian zone from stray cattle." The promised fence was never built. So, given that safe drinking water is of fundamental importance to the healthy functioning and economic prosperity of a city, and given that Public Works knew that cows were regularly trespassing on the watershed around Elk Creek, why wasn't the plan to build that fence in the spring of 2012 followed?  I was told by a person at the state level that "the fencing project was not undertaken due to time/manpower limitations." Well, during that time, our resources in time and manpower were being spent on expanding the irrigation pond at the golf course and on Resort Street under-grounding of utilities. (See the Weekly Reports for the period in question.) 
To continue the description of the discussion in the above video: During this Council session, City Manager Mike Kee tells Council that: "We had a meeting with the Forest Service yesterday and talked about allotments, uh, to see what we can do, and it's not that cattle can't be in there now, it's that the Ranger has the discretion to put cattle on any of the allotments--it's all up to the Ranger--and the Ranger doesn't have any concern that those cattle are on the allotment [that is not the impression I got from talking to Wallowa-Whitman range supervisors, maybe he/she didn't have concerns about cattle being on the allotment, but he/she did have concerns about them being in the wrong pasture.] . . . . and [garbled] I don't think it is as immediate as ah Councilor Dorrah--. . . but, so uh I didn't answer the question. . . . uh, if it's thousands of dollars to build a new fence . . . we'll just divert the money to build a new fence."  After more talk, Councilor Dorrah says "Well, again, my issue is, we've gotta get the cattle out of there now . . . period.  And I think there is something to be said for having some fence in place, . . . ." Mike Kee says there has been talk with the epidemiologists of picking up some of the cow pies along the creek.  It goes on, and on, but Councilor Button says about the fence that there is no "ironclad guarantee that cattle won't get through it." Couldn't agree more, but we need to try.

It is worth noting that when Councilor Dorrah went down to repair fence again the day after this discussion, that he heard several cows bellowing inside the watershed down near the Elk Creek diversion, which, thankfully, is not currently being used. He patched three more sections of fence (three posts, one each between existing posts), but believes it is "an exercise in futility." "The worst WAS the fifty feet between posts and he could lift the bottom wire four feet above the ground and push top wire down to two feet above the ground." "Definitely need a little more than some maintenance up there."
[See part 2 herePart 2--Thoughts about the Council Work Session of August 29, 3013]
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