City reports CDC results from fecal samples--What does it mean?

Today, the city website reported:
Information received from the Centers for Disease Control and Prevention (CDC)

Monday, September 09, 2013

Today the City of Baker City received the following information from the Centers for Disease Control and Prevention (CDC).

• 81 goats tested; 1 positive for C. ubiquitum (making it unlikely source)
• 64 elk tested; 1 positive with species still unknown, but negative by C. parvum and C. hominis–specific PCR
• 10 human specimens tested; 9 positive; 7 are C. parvum IIaA15G2R1; most recent 2 resequencing
• 4 cattle tested (5 listed on packing sheet, but only 4 in box); all negative
• 4 water samples tested; all negative
• 1 positive EPA method 1623 slide (4 oocysts present) tested; could not detect Crypto DNA

This is complicated so you might want to read it more than once.

Day Late and a few Cow Pies Short

I said in an earlier blog that they might not get positive results because of the haphazard late sampling (after we found the cow pies on the trip of the 19th) and not asking Dennis Dorrah and I to go along to show them where all the cow pies were. I had already notified Dr. De bess of our findings.

The cattle tests were taken on samples that were from some cow pies that had been there for an unknown length of time, and it is not known if they are from calves that have been in the watershed. It is the calves that usually test positive for C. parvum. Calves also shed more crypto when they are younger, like July in this case. 

They apparently only tested four or fewer cow pies and there is no way to know whether the cow pies they tested were from the calves. They tested 64 elk scat samples. 

They probably did not test all the fecal material that Dennis and I found. They should have tested the calves that are in the herd and were in the area (Dennis Dorrah, Clair Button, and I, saw them at least twice and they were nearby when they tested) for C. parvum, but I am quite sure they didn't, and I doubt if they will. It is in the state's and the city's interest not to find a culprit in this case due to liability issues. That is what happened in the Milwaukee outbreak--no definitive cause found. 

Also, Dr. De Bess told me that the staining of the crypto oocysts found in the 913 oocyst water sample might make it impossible to genotype the oocysts, i.e., determine whether they were C. parvum. That was a huge mistake. I think that means they didn't split the sample so that they could test (genotype) any unstained material from the sample to find out whether it is C. parvum, and the staining, as Dr. DeBess suggested to me that it might, destroyed the possibility of matching the 913 water sample oocysts to the C. parvum oocysts found in diseased patients. Not finding C. Parvum in the cow pies is also problematic, in terms of  establishing the responsibility of cattle, but they didn't and probably won't test the calves. All the research, plus the results showing it isn't in the elk, suggests that it may have come from cows.

Here are seven important points to consider (there are no doubt others):

- Four cow fecal material samples (compared to 64 elk samples) does not prove that cows weren't responsible.

-  The results do not remove the responsibility of Public Works to report to the Council about crypto or cows in the watershed.

-  Why did they take 64 elk fecal samples, 81 mountain goat samples, but only 4 cow fecal samples?

- Why did Dr. De Bess ignore my phone call and not ask Dennis and I to go along even though I alerted him to our findings prior to his prominent trip with the Herald reporter(s) to Elk Creek?

-  Why didn't they try to get cow pie samples from the calves that were in the area during our trip on the 19th, during their sampling mission, or during the following weeks when Councilor Dennis Dorrah went up to try and and repair the fence to keep the cows out and yet still found them in the watershed?

-  Why did the Centers for Disease Control (CDC), or the state, destroy the ability to genotype the original 913 oocysts in the original water sample to see if it was Cryptosporidium parvum? By apparently staining the whole sample and not keeping anything aside for genotyping, that information will likely never be known.  

- Why was the effort by Dr. De Bess and his CDC companions so weak with regards to testing fecal material from the cows in the vicinity when he made his investigation? 4 cattle samples and 64 elk samples? There was ample fecal material outside the watershed fence when the Councilors and I made our trip to the watershed that could have been genotyped to determine whether the cows carried Cryptosporidium parvum that matched the Cryptosporidium parvum found in the Baker City citizens suffering from cryptosporidiosis.

End Note:
At least one Baker City cancer patient contracted symptoms resembling those of cryptosporidiosis in July, and he died not long thereafter, before experimental treatments, an individualized immunotherapy vaccine, could be implemented in an effort to save him.
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Crypto Crisis morphs into Council soap opera starring Clair Button as Blind Man

In this Edition:

-Crypto Crisis morphs into Council soap opera starring Clair Button as Blind Man [Edit 9/8]
-Golf Course operator Billy Cunningham said to have thrown in the towel.
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Crypto Crisis morphs into Council soap opera starring Clair Button as Blind Man

In yesterday's Herald article on the developing Council soap opera, Councilor Clair Button is reported to have said:

In a Thursday interview, Button said he doesn’t believe any city employee is or has been negligent.“I haven’t seen anything to make me believe that somebody really screwed up something that they should have known better about,” Button said.“I don’t believe in making scapegoats. The Council was warned in the past that there is a risk. You can’t expect people to see the future. The Council wasn’t prescient, and we can’t expect the staff to be either.”

Prescient means:

having or showing knowledge of events before they take place. "a prescient warning"
synonyms: prophetic, predictive, visionary

 Negligence means:

(Lat. negligentia, from neglegere, to neglect, literally "not to pick up something") is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.[1] The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.

Councilor Button seems to be trying to bury the responsibility and accountability issues under a blanket of bromidic sermons, but are they true?

Well, while it is true that people can't be expected to always predict the future, there are some situations or events that have easily predictable outcomes. For example, if you park your vehicle on a hill, leave it out of gear, don't put on the parking break, and don't turn the wheels toward the curb, you can predict with some certainty that it will roll down the hill, quite possibly resulting in some minor disaster.  You could say the driver wasn't "prescient" or you could say the driver was "negligent."  Which would you choose?

With this in mind, lets review some of the facts surrounding Baker City's crypto crisis.

1) There was a lapse of over one year between the time Public Works received positive crypto test results until the time city staff informed Council about it. The tests were conducted in order to let Council know how to proceed with regard to water treatment.

Could Council have been expected to predict that staff would not inform them of the test results? If Council weren't told of the results could they be reasonably expected to proceed with the water treatment discussion and solutions in a timely and responsible manner and be deemed negligent if they didn't?  Answer to all is obviously no.

On the other hand, if a public works employee or employees are waiting for test results they know are coming and don't read them or report them for over a year, that's not about prescience, it is simple negligence. 

2) The Watershed Management Plan with the state requires cows be kept out of the watershed, and the Watershed Report from 2011 references a fence that was supposed to be built in the spring of 2012 to keep them out, but it never was. Council did not know about the planned fence or that materials had been purchased for it. Council did not know that cows were regularly getting into the watershed until August 19th of this year because staff hadn't told them or the Forest Service. 

The Watershed Management Plan requires that cows be kept out of the watershed and calls for city and Forest Service employees to monitor the situation to keep them out. The reason they are to be kept out of the watershed is that they carry disease producing organisms like Giardia and Cryptosporidium. We all know that, but city drinking water personnel are supposed to be acutely aware of that fact and to protect us from such possibilities. If staff knew that cows were getting into the watershed since at least 2011 but did not "exercise the care that a reasonably prudent person would exercise in like circumstances" by informing the Council and building the fence that was planned to keep cows out, that is not a failure to predict the unknowable, it is, once again, negligence, because they knew it needed to be built to keep the cows out and help prevent a waterborne disease outbreak.

3) Public works director Owen told Council on March 27, 2012, that the backup drinking water well at the golf course had been inoperable for a year and could be worked out through the water fund. It still is not operable.

Public works director Owen and the water department personnel should have known that the Watershed Management Plan designates the golf course well as our second drinking water well in case of an emergency, like for example a crypto outbreak or a fire in the watershed. It's not a matter of prescience because the reason the plan calls for it is that an eventual emergency has already been predicted. Not using water funds to repair the well and allowing the well to remain inoperable was a "failure to exercise the care that a reasonably prudent person would exercise in like circumstances." Negligence by definition.

4) The Public Works Director did not meet the qualifications and experience requirements in the Watershed Management Plan which are a degree with specialization in engineering or equivalent background when she was hired.

Responsibility for this one rests with both former and current City Councils and the City Manager. The Watershed Management Plan states:

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.   

This provision is included in the Water Management Plan to insure that Baker City Residents have appropriately educated and adequately qualified personnel overseeing the safety and over-all quality of our drinking water. It is there so that you don't end up in a situation where you've got a grocery store clerk or a secretary in charge of your drinking water program. As George H.W. Bush would say--"Wouldn't be prudent." More negligence

There are more facts that I could bring forth, but for now, I rest my case.

Please don't get sidetracked by the rhetorical nonsense or outright distortions and apparent lies of one or more Councilors trying to get us focused on the tone of Council emails, and the idea that we've got "nice" Councilors and angelic competent staff fighting off the "mean-spirited"unwarranted attacks of a minority of "bad" Councilors. We don't.  It's not about some sort of politically correct soap opera, it's about qualifications, diligent management, prudence and accountability. Can you say "negligence?"
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Golf Course operator Billy Cunningham said to have thrown in the towel.

Billy Cunningham is reported by three different knowledgable sources to have resigned as operator of Baker City's Quail Ridge Golf Course. The golf course has struggled to make ends meet, but particularly since the completion of the "back nine" holes over a decade ago.

One current plan under discussion is to is to turn it into a public, non-profit organization/corporation along the lines of the Anthony Lakes ski area, which is owned by the County, but run by a public non-profit organization.   More on this later I hope.
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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:

Baker City Council Avoids issues--Button Lectures Council on Their Behavior082913 

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

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Old and New Cow Pies Found Near Elk Creek Intake of Baker City Watershed.

[Edited 8/20&22/13]

Councilors Dennis Dorrah and Clair Button allowed me to go with them on a ground survey of the Elk Creek drainage portion of the Baker City Watershed today. The water supply just above the Elk Creek diversion is where the 913 crypto oocysts turned up in a ten liter sample taken on August 4, 2013. I had wanted to look things over since the water supply intake is very close to a cattle allotment fence on the Wallowa-Whitman National Forest, and I had raised the idea that, because of that fact, cows had emerged as a suspect in the mystery concerning the source of Baker City's recent Cryptosporidium outbreak. See: New Suspects in Baker City Cryptosporidium Case?

 This cow and her calf were just inside the gate that keeps vehicles out of the watershed, a hundred yards or two from the diversion, but presently outside the rickety old watershed fence. We were told they were not supposed to be in this pasture until September, and even though the permittee fixed a hole in the fence last week three cows and their calves are still here next to the watershed fence.

Cows are a well known carrier of crypto (as opposed to say, ex-Councilor Sam Bass, who is not a known carrier of crypto, despite what you might hear), but as Dennis Dorrah commented to myself and Clair Button today (paraphrasing), the city doesn't seem to be taking cows seriously. Jake Jones, who takes care of the watershed, told us today that 6 cows (3 cow/calf pairs) had been found inside the watershed last week. He said he contacted the rancher who came and retrieved them, and also repaired a hole in the fence. I had been previously assured that cattle entry was infrequent and I believe we were told the same today. I will cover more of this issue later on the blog. 

Councilor Clair Button knows cows. Clair is not just a botanist--in his career job with the BLM he was also called upon at least occasionally to ride herd on ranchers and their cows, which can be a pretty difficult job, given the local politics in cow-raising counties with public land grazing allotments.  I know cows too. I've been  watching them be in the wrong place at the wrong time for 30 some years in my travels throughout the West, and in monitoring grazing damage in western streams.  I spent about ten years nearly alone watching them be in the wrong place at the wrong time over on the Malheur National Forest while I spent my retirement money mostly volunteering by myself and then for the Oregon Natural Desert Association (ONDA) on a few different grazing lawsuits whose central issue was grazing damage to public resources. ONDA recently won $1.25 million dollars in fees for a lawsuit that I spent several years of my life working on. I think it is fair to say, that because I did the major portion of the monitoring, data collection, and laborious report making, which was accepted by the courts, that I too, know a bit about grazing. (Don't worry about me getting lifted out of poverty, ONDA hasn't offered me a nickel of the settlement so that I could help continue that work.) Dennis too, has spent his life in Oregon. He knows a cow pie from an apple pie too, and he saw a lot of the former today.  I'm betting you know the difference as well, but does the city staff?  Of course they do!  They know these hills and the watershed better than I do, but politics, denial and job security are powerful forces to be reckoned with.

OK, so we all know something about cows and cow pies, and today we found not just cow pies in the watershed, we found new cow pies and old cow pies--those of recent trespass, and those from last year and perhaps before. 

This photo shows the two Councilors and watershed personnel inspecting the Elkhorn Creek diversion to the Baker City water supply inside the Baker City watershed.  In the foreground are three, possibly cryptosporidium laden, droppings from a recent visit by cows who are not supposed to be in the watershed. The watershed, after all, is protected by an old rickety fence, the rancher/permittee, the Wallowa-Whitman National Forest, and city personnel.

A little later, Councilors Dorrah, Button, and I, hiked overland (trail-less) across the diversion and up the steep slopes of the watershed to the west.  They hiked up the steep slopes like a pair of mountain goats, and even though Councilor Dorrah is five years older than I, a few weeks old blister on the ball of my foot got re-aggravated, so I wimped out and returned to where I wanted to be anyway, the area where we had seen the cow sign previously. I was  glad it happened as we were able to document more of the problem area between the two parties. They eventually came back around, after an arduous hike, to the spring we had noticed earlier as we viewed things on the east side from the west side above the creek. When I came back down, I was able to inspect the trails I had seen earlier going up near the east side of Elk Creek.

We all saw limited quantities of elk and deer droppings well dispersed in the watershed and Clair saw fresh elk droppings at "two sedge bog springs very close to the stream that were getting significant elk use, and water from the bogs definitely drained into the stream." Cow pies were seen by Dennis and Clair up the slope below a spring and the road overlooking the diversion, and I found them on the trail near the creek above the diversion. I documented cow pies and cow trails from the area around the diversion on upstream for about 1/4 to 1/3 mile. Cow pies (scat, droppings), most, but not all, from earlier years, were a common sight.

Fairly fresh cow leavings on cow trail heading upstream within the watershed from the area about 50 feet east of the Elk Creek diversion.

As I went up the trail on the east side of Elk Creek I found numerous cow pies, most from previous years but two from the current year.  About 1/4 to 1/3 mile upstream I came to an area that was open to cows that led down to the creek. There was an eroded cow trail evident, and at the bottom were pieces of cow pies from last year or previous, that had washed down within about 15 feet from the creek. I followed and filmed and found this: a washed-out cow pie, probably from last fall,  as well as a companion a few yards north, sitting on the bank just above the creek.

One of the older cow pies found on the trail above the Elk Creek diversion

Lower portion of eroding cow trail leading down to Elk Creek

Cow Pie within high water level of Elk Creek, about 1/4 to 1/3 mile above diversion in watershed. It sits on current bank above Elk Creek. It is the gray blob in the right hand portion of the photo, with Elk Creek flowing just below to the left in photo.  There is another cow pie situated similarly on the bank just above the current flow level of the creek about 3 to 4 feet upstream. This is well within the high water level of the creek and could also be affected by other high precipitation events, such as the one in mid-June, where the possibility exists for runoff into Elk Creek.  Runoff from the many other cow pies noted could also possibly affect crypto levels within this Baker City water supply drainage. [I checked my own records, and there was a significant precipitation event on June 19, followed by others of lesser quantities. A city staff person had mentioned mid-July, but weather service records do not show one occurring then. Edited 8/22/13.]

I will add more information and evidence later, either under this particular blog title, or under a new rewritten blog. 

There is much more to think about concerning our small community's safe water future, not the least of which is the high initial cost and yearly maintenance costs of filtration as opposed to the much lower initial cost and yearly maintenance costs of UV treatment. Also for consideration--are we going to protect our watershed from cows, or are we going to be cowed by powerful interests?

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YouTube Videos from the August 8, 2013 Special Baker City public meeting on Cryptosporidium outbreak

[Editted 8/13/13]  Below are the YouTube Videos from the August 8, 2013 Special Baker City public meeting on the Cryptosporidium outbreak. If you have already viewed some of them on YouTube, please note that I have attempted to renumber them according to their order of occurrence at the meeting. I have finally been able to find the time to process, describe, tag, and upload them all (very time consuming). Again, these videos were taken with poor stage lighting and with no additional illumination, but they are generally acceptable for viewing and the sound is OK if you set your computer to full volume. They are best viewed on YouTube. To watch on YouTube you can click on the title link for the segment. The YouTube embed feature wasn't working for me earlier and the images create a long blog download for people with limited connection speeds, so I've only used two embedded video.

Sometimes the most interesting comes last, so you might want to view the last segment first.
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Baker City Crypto Meeting Part 1: Intro, Baker City, OR 080813
 
Mayor Langrell opened and explained the nature of the meeting before turning it over to City manager Mike Kee who presented the agenda and provided a summary timeline that was similar to the information in his August 2, 2013 Weekly Update. He also provided the results of the Cryptosporidium tests that have occurred during the Crypto "crisis."
Somewhat dim and grainy due to low light on Baker City High School auditorium stage but best video possible under the conditions.

Baker City Crypto Meeting Part 2 Alicia Hills, from the Baker County Health Department 

Alicia Hills, from the Baker County Health Department, spoke about the 15 confirmed Crypto cases and the "About Cryptosporidiosis" flyer that has been made available to residents and visitors which lists recommendations and suggestions for staying safe during Baker City's Crypto crisis
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Baker City Crypto Meeting Part 3: Michelle Owen's Report 080813 

Michelle Owen, Baker City's Public Works Director, adds details to Cryptosporidium timeline and offers additional information at the Baker City Crypto Meeting 080813.
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Baker City Crypto Meeting Part 4: Heidi Dalton Discusses Pool Safety and Reasons for Pool Closure

Heidi Dalton explains the rationale behind the decision to keep the Sam-O-Swim pool facility closed, i.e., the risks spreading Cryptosporidium infection by keeping it open were too high. They will do the usual September maintenance during the current closure period.
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Baker City Crypto Meeting Part 5: Bill Goss Talks About Boil Water Order in Baker City 080813

 In talk to residents about the Boil Water Order issued for Baker City. OR, Bill Goss from the Drinking Water Program at the Oregon Health Authority says that "No one is to be blamed for this event" and that "It's going to take a bit of time to really figure out exactly what happened and how to resolve it.."  In order for the state issued boil water order to be lifted, he said "We would need two consecutive samples from each of the drainage intakes that are in use, and also two consecutive samples that show no oocysts from the three locations in the distribution system. So we're looking for water with zero detections of of Cryptosporidium (Crypto).

He also says the state and city will develop an ongoing monitoring program for Cryptosporidium. [Crypto had been found in small numbers during required monitoring back in 2010-2011, but the city quit monitoring for Crypto in 2011 because they were no longer required to do so.--Chris]

He talked about the fact that approved treatments (including UV and filtration) would remove 99.9% of Crypto oocysts but that treatments do not "completely eliminate the risk of exposure" but does meet drinking water standards. While talking about what people can do to be safe, he reiterated that ". . . There is no way to completely eliminate the risk of exposure to this parasite" and said that "Boiling is the only way to kill all Cryptosporidium cysts."
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Baker City Crypto Meeting Part 6: Michelle Owen Talks About Water Treatment Solutions 080813 

Baker City Public Works Director Michelle Owen speaks to residents about several proposed solutions for providing safe drinking water for Baker City, Oregon during a public meeting. These include Long-term, Mid-term, and Short-term solutions.

Long-term:  The city is moving forward with an expedited schedule for installing the UV water treatment facility to remove 99.9% of Cryptosporidium oocysts from our water.  This plan meets current standards and was approved by the state of Oregon.

Mid-term:  Drilling or acquiring supplementary wells for additional water sources to meet contingencies. Well water is normally free of Cryptosporidium and would provide clean additional back-up water that would be helpful in emergencies.

Short-term:  People can by home filtration systems to provide additional safety, currently and in the future. Additionally, the city is contemplating borrowing portable membrane or UV filtration systems to treat sizable quantities of water to provide for citizens until the current emergency situation is resolved.
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Baker City Crypto Meeting Part 7: Brian Black of HDR Talks About UV Treatment Facility 080813 

Brian Black of HDR Engineering told the audience at the special Baker City meeting on the Cryptosporidium outbreak about the accelerated schedule for installing the already planned UV treatment facility for the Baker City drinking water supply. He noted that due to the accelerated schedule, decisions have to be made rather quickly by both the state and the city so that things can get going in August (this month).

The schedule consists of:
- Have design completed and "have construction contractors bid on the work in early spring--march of next year."
- Have UV plant "under construction in the summer."
- "facility would be ready for operation in the summer of 2015."
- Will work with city to attempt to "get the entire project completed before these dates.
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Baker City Crypto Meeting Part 8:; Q and A Segment 1; 080813

1st segment of a long question and answer period at the Baker City Cryptosporidium Meeting, 

This segment begins with a statement By Public Works Director Michelle Owen that we do not have the money available to pay for accelerated construction of the UV treatment plan. [Remember that our City Councils have been piddling away available dollars on underground utilities for the businesses on Resort Street, the Scenic Vista water tanks, the golf course, and etc. -- Chris]

Mayor Richard Langrell asks questions derived from the written questions residents had turned in at the beginning of the meeting. He says the number one question is "What is the city planning to do to compensate for hospital stays, loss of work, or damages done to businesses. . . ." City Manager Kee stated that is is a "Council Decision" and discusses insurance issues. He says that ". . .insurance won't accept claims for interruption of business or emergency room business. . . ."

There were questions about communication issues like the reverse 911 system to notify citizens about the presence of Crypto in the water. Mike Kee said that the system allowed them to "reach 58%" of people registered in the system, and Michelle owen said that folks can sign up at Baker911.org.

Councilor Mosier asked whether we were likely to reach the zero oocysts in the water requirement given that "most often some oocysts exist in the system." Bill Goss from the OHA Drinking Water Program essentially says that it may take a considerable amount of time to reach the zero oocyst requirement, although the 2010-2011 testing met that requirement most of the time. Mike Kee comments on difficulties and that the city will submit a plan to the Oregon Health Authority. Mayor Langrell addresses questions about city water quality testing and explains that they had continued testing, but not for Cryptosporidium [after required testing ended in 2011]. He explains that the city is going to look at getting UV "online a little quicker."

And more. . . . 
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Baker City Crypto Meeting Part 9 Q and A Segment 2; 080813

This is the second segment of questions and answers before Mayor Langrell opens up live questioning from the assembled residents at the Baker City meeting on the Cryptosporidium outbreak.

In response to a question from Councilor Button, Bill Goss of the Oregon Health Authority Drinking Water Program states that actual valid crypto testing recovery rates vary between 13 to 111 percent--". . . the results frankly have a pretty big margin of error, so you might find one or two cysts by the tests method, but there could be quite a few more that were not detected. That's one reason why we're also looking for zero in the samples, because even at zero, there could be one or two cysts that didn't get detected. . . ."

Mayor Langrell then talks about economic damage to the community and some rumors he's encountered about the mountain goats in the vicinity of Goodrich Reservoir.
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Baker City Crypto Meeting Part 10 Q and A Segment 3; 080813

Residents at the Cryptosporidium Baker City meeting ask questions to city staff and Councilors. If the questions aren't in quotes they are paraphrased.

Jennifer Johnson: Asked "How are you going to assure our children are safe?"

Jim Thomas: Wanted to know why the city hasn't done anything about installing treatment sice they have known about it since at least December 2009 and why it hasn't been important enough to get something done "before suddenly we've got people sick." Also wondered "how prepared is this city to deal with a lawsuit?"

Milo Pope, lawyer, retired Judge and former City Councilor:  Asked why, if his statement of facts is true, which included that our engineering firm, HDR, had recommended to install UV treatment to handle drinking water disinfection, that in in Council votes, the Council majority, led by Dennis Dorrah and Roger Coles, had previously always voted against installing it.
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Baker City Crypto Meeting Part 11 Q and A Segment 4; 080813
Residents at the Cryptosporidium Baker City meeting ask questions to city staff and Councilors.

Residents asking questions if I could hear or understand what they said were:
[again, questions paraphrased]

Linda Ross: Asks what significance is attached to finding 913 oocysts at the Elkhorn Diversion to the water supply

Ed Shorts asked additional questions on the life cycle and life span of Cryptosporidium in or out of the water, and Bill Goss and Mayor Langrell answer.

Vernon Hull asks questions about a seeming delay in the County Health Department notifying the City.

Mel Conaway wanted to know how Crypo in the water affects garden produce and fruit trees and if any precautions need to be taken.

City Planning Commissioner Wayne Wall Stated that "As a community, I think we're looking for somebody to say "Yeah, it's our fault. I think we are looking for some kind of culpability." He also noted the length of time we've been aware of the problem and need, and asked--"Why didn't we have a filtration system in place so that we don't have to deal with this?"

Stephanie shared that she and members of her family had been sick for several weeks but didn't go to the hospital because she couldn't afford the insurance co-pay. She asked "If the city knew about it, . . . why was the city not taking the proper precautions. . . to prevent this type of thing." She knew hundreds of people who were ill. "Why weren't you trying to prevent it--Be a little bit pro-active."

Len (or Glen?) Green had questions about calls to Alicia Hills and due diligence at County Health about the actual numbers of people that are ill. Alicia Hills explained efforts they are taking. He also asked "How many samples do you take weekly and at how many intakes?" Jake Jones answers the questions. Mr. Green also asked about whether there will be continuing monitoring for Cryptosporidium now and Bill Goss, from the Oregon Health Authority Drinking Water Program, explained that we are in the process now of developing a sampling schedule for Cryptosporidium that will last until treatment is operational.
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Baker City Crypto Meeting Part 12;  Q and A Segment 5; 080813
Residents at the Cryptosporidium Baker City meeting ask questions to city staff and Councilors.

Names of residents asking questions, if I could hear or understand what they said, were
[again, questions paraphrased]:

Jason from Water Works in La Grande: Talks about some affordable certified household water filters and mentions that Water Works also drills and works on wells.

Sarah Pelcha wanted to know what people can do to [clean and disinfect] once it is already in their home.

Michelle had questions about how crypto can be spread person to person. She mentioned that Elkhorn Drilling is a local well driller.

Judith Head asked "Is this a crisis?" "What can we do about it now?" She shared that she had been sick for three weeks and wanted to know if she could be reinfected. She told the audience that 6 pills for treatment of Cryptosporidiosis cost $164.00 and that her insurance only paid up $57.00.

Answers were provided by Alicia Hills from the County Health Department, Mayor Langrell and City Staff.
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Baker City Crypto Meeting Part 13  Q and A Segment 6; 080813
Residents at the Cryptosporidium Baker City meeting ask questions to city staff and Councilors.

Names of residents asking questions, if I could hear or understand what they said, were
[again, questions paraphrased]:

Alicia Hills addresses last question from Judith Head at the end of last video.

An unidentified woman from the audience asked County Health Department what do you do if we have it. . . tell us to go to the doctor and get pills we can't afford because we don't have money. . . .

Another unidentified woman from the audience asks about help from the state and Governor.

An unidentified woman from the audience again brought up that some people can't afford to go to the doctor or pay for medication, and asked what do you do then? Mike Kee responded that the pills don't do any good unless the patient is compromised. Mayor Langrell offers that the hospital is basically telling people to go home and are treating it a lot like they would the flue [if the patient is otherwise healthy I presume].

Others in the audience had questions about the health safety of children at school. One asked "How are we going to make sure that the children don't have it before they go to school?"

Sam Bass made a statement that the city staff :had been working their butts off" and "Some little bug comes along, slips in, 14 people get sick, and the whole town panics." He noted that he drinks the water, 6 glasses a day, and he doesn't have any problem.

Councilor Downing spoke about the people he had knowledge of and about the existence of other diseases in town that also cause health issues. He noted that while he sympathized with people who had become ill from Crypto, "We need to remember. . . that we need to treat this just like any other flu epidemic, any other cold epidemic, especially with the kids going to school. . . ." like his.

Linda Wall shared that she had gotten sick and asked the audience how many had experienced Crypto symptoms. She indicated after the meeting that her estimate of hands raised was between one quarter and one third.

Jeff Strom, asked several questions about UV treatment and also about effective portable water purification systems in town and in businesses and markets, that the state had shut down. Also on budget issues. He noted that previous Council should have  been taking the initiative and been requiring Crypto testing of the water. Bill Goss responds that the state was being overly cautious due to the situation. Mayor Langrell agreed and said that now there would be some serious crypto testing. The Mayor noted that after working with the state about disposing off our sewage affluent, the state has changed their mind about how to proceed.

A state Department of Agriculture representative, the department that regulates the grocery stores and food processors, explained that out of an abundance of caution they had decided to shut down some of the water filtration filters used by business. They had spoken with Safeway and in a joint decision on the side of safety ("they would rather be safe than sorry") they decided to take the actions they did. She said that she was not aware of whether the water bottling stations in those facilities (I think Jeff was referring to portable water filtration machines like Glacier Water and Sterilox) are safe or not.

Another unidentified woman in the audience complimented the city on providing clean fresh water for the public.
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Baker City Crypto Meeting Part 14 Q and A Segment 7; 080813

Last segment. Residents at the Cryptosporidium Baker City meeting ask questions to city staff and Councilors.

Mike Kee speaks to the safety of Baker City Restaurants and says the inspector says all of our restaurants are safe.

A woman who spoke so fast I couldn't understand her name asked Councilor Coles why "back in 2001 you knew that there was Crypto in Baker City water, and you and Mr. Dorrah in particular, were adamant about asking for a variance from the state, and otherwise we would potentially already have the UV plant on line now."

Mr. Coles responded that he doesn't believe "that UV is the total answer, and that has pretty much been said. 99.9%, I just don't buy into it. There was really no support for filtration. Really filtration is the end result down the road, and the other reason is that I won't rubber-stamp just because staff sends something across the desk--I won't do it--and I'm not going to jump on the first wagon in town. Now just this week we have found out, there is (sic) some comments being made through a website about sand filtration, which I was gonna ask our state man. .... The mayor covered it, and I don't know how many of you folks read the paper last night. I'm rather outspoken and that's the way it is." Councilor Coles goes on to say he was dissatisfied that our water wasn't tested and quotes the article which says that, unlike Baker City, Bend, OR employees continued to do Crypto monitoring every month since 2008 even though it wasn't required because they though it would be the best management practice and satisfy requirements for due diligence. Coles goes on to say that Bend is in the "same situation as the city of Baker, so I'll go back and say, like I did, I'm not sold on UV". [Well the same situation sort of. Both have a relatively clean water supply and both have some Crypto, but, according to Wiki, "Bend recorded a population of 76,693 at the time of the 2010 US Census, up from 52,029 at the 2000 census. The estimated population of Bend as of 2012 is 79,109." Ours, according to Census Quick Facts is 9,696. So they use probably 7 to 8 times the amount of water we use, and they have 7 to 8 times as many people to pay for it. Their tax base is huge with, according to Zillow, a median home price in June of $350,000, while Baker City's median home price was $159,000 in June. According to the census, our median income was $35,458 for the period 2007-2011, and Bend's was $52,596 for the same period. So, water quantity needing disinfection is massively different, they have many more people, who are much wealthier, and they have a larger tax base with higher property values--all of which gives them economies of scale and more and better options when it comes to choosing and paying for water treatment. Also, its not clear how Bend's testing relates to why Councilor Coles isn't "sold on UV."-Chris]

Don't miss the important statements by Bill Goss of the Oregon Water Authority later in the segment. They announce a state review of our water treatment options and the review has the potential TO CHANGE EVERYTHING and make it impossible for Baker City to install the UV system that has, as of now, been presented as an affordable and effective water treatment option for Baker City!

You can check for newly uploaded videos at my YouTube Channel

http://www.youtube.com/user/refugee2000