Showing posts with label burn barrels. Show all posts
Showing posts with label burn barrels. Show all posts

Wednesday, June 8, 2011

Bobolinks, Bitterroots & Burn Barrels

In This Edition:
[Edited 6/9/11, 5 PM]
- A Seldom Noticed but Locally Somewhat Common Bird--Bobolinks in Richland (Includes short video)

- One of Baker County's Most Interesting and Beautiful Wildflowers--The Oregon Bitterroot

-Burn Barrels Revisited

- Late Addition: Hells Canyon Preservation Council Wolf Action Alert

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Bobolinks in Richland


In Baker County, the Bobolink, Dolichonyx oryzivorus (Linnaeus, 1758), is a locally common, but for the most part rare, member of the Blackbird and Oriole family. We live on the western edge of its summer range. It breeds and attempts to raise its young in the taller grasslands and meadows of eastern Oregon, but spends the winter as far south as Argentina, Bolivia and Paraguay, flying up to 12,000 miles in a single year. You'd never know from watching them in their northern breeding grounds that they were strong flyers, as they seem to flutter a bit in a tentative flight. Their song has been described as "a bubbling delirium of ecstatic music. . . ." which you can listen to in the video below.

The bird in the video was one of perhaps three males hopefully breeding in a Timothy hay field at Richland, OR, on June 3rd, 2011. According to ODFW (Oregon Dept. of Fish & Wildlife), "due to land use change and other factors, this grassland bird species is declining in Oregon." One problem it faces is early haying on its chosen nesting grassland. I can tell you that it is not very often seen in any event, but it is also sometimes observed here in the Baker and Bowen Valleys.

Bobolink-Richland, OR-06/03/11



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The Oregon Bitterroot
Bitterroot along the Snake River Road

Even though Oregon bitterroot (aka bitter root, bitterroot and Lewisia rediviva) is the Montana state flower, and was "discovered" by Lewis and Clark in the Bitterroot Mountains there, one of its currently accepted common names is none-the-less, Oregon Bitterroot. From my first encounter with this white to pink petaled little treasure in Utah some years ago, it has remained one of my favorite spring wildflowers. It is a member of the Purslane Family (Portulacaceae), like, oddly enough, the common annual garden flower, Portulaca, and the weedy small yellow flowered succulent, common purslane.

Yes, the root is said to be bitter, but is rendered palatable by cooking and mixing with meat and/or berries, and some native American tribes treated it as a delicacy. One story alleges that the upper red portion of the root is effective in warding off bears, but you might want to have a back-up plan just in case.

The leaves are long, fleshy and finger-like, and they often wither back into the root by flowering. This is the case in the photo above, but not in the plant just below.
Bitterroot flowering with leaves still present near Seismograph Road.

You may find it growing in sandy terrain in Utah, but most commonly, as here in eastern Oregon, I find it in rocky areas with clay soils. Right now it is blooming on the Snake River Road south east of Richland, near Seismograph Road east south east of Sparta, and there are a few on the rocky clay hills above Forshey Creek along the East Eagle (70) Road. [6/9/11--The Forest Service just allowed the privately owned cows (see below) out on the meadow today, so God help all the wildflowers there!]
Leafless Bitterroot blooming along the Snake River Road

[Added 6/9/11 6 PM]
I was up photographing wildflowers on Forshey Meadows (70 Road to Lily White and East Eagle) today. Blooming flowers included Camas, Swamp onion, White Mules Ears and their crosses with yellow Mules ears, Big-head Clover, Orobanche uniflora, Rock Cresses, Peonies and others. The very few Bitterroot plants that remain were getting ready to bloom at any moment. As I travelled up the Sparta Road to the 70 Road, I passed through cows being herded up onto the public forest land at Forshey Meadows, and when I came back to the meadows after photographing several wildflowers there, some in bloom, some with seed, I found that the cows had arrived to trample and munch the meadow life into oblivion in our late Spring.

Cows trampling and munching the meadow life into oblivion

Privately owned cow having its way on the public's land

Too bad the Forest Service didn't let the wildflowers seed before the cows trampled them and munched the up for someone's private gain.
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Burn Barrels Revisited

Ann Mehaffy's nicely done and possibly legal burn barrel, May 26, 2011 (Ann Mehaffy is Program Director, Historic Baker City)

When I was growing up in Southern California in the 50s and 60's, that portion of the state was still truly "the land of milk and honey." The landscape just outside of town was covered with citrus groves and even a few vineyards. We even had burn barrels and a few had other others brick structures for burning in the back yards. These were most often referred to as incinerators, which the neighborhoods used to burn trash and yard waste. By the late 60s, the hordes had moved in from the east and were beginning to move in from south of the border. When I flew in on an extra seat on an air force flight in the late 60s, I noticed the smog beginning to envelope a valley that had before been clear. Most of this smog had blown in from points west, like Los Angeles, only to be captured and contained in our valley by the surrounding mountain ranges. Sometime around then, due to deteriorating air quality, the burn barrels and other incinerators were eliminated. The population was just over 63,000 in 1950, but was about 107,000 in 1970. In the late 80s and during he 1990s, I lived part-time in a small rural town in western Utah. Burn barrels and more commonly, open burning, were common sights there. When I moved to mostly unpopulated and rural eastern Oregon, in 1999, I found that people still used burn barrels, and where they had sufficient land, practiced open burning of yard waste and leaves. When I arrived in Baker City in 2004, my neighbors did the same, and it didn't bother me one bit. I didn't see it as "inconsiderate," I saw it as an opportunity in an area of low population density and where the air was still clean enough to do so without causing any lasting harm. If you look carefully, you will still see many burn barrels tucked away on the west side of town, but also in many other neighborhoods as well. Many of my neighbors use burn barrels and/or practice open burning, but most of them did not know about the proposed ordinance until I informed them, and they were against it.

The population in Baker City is now even lower (a bit over 9,800) than when I moved here, and our good air quality, according to DEQ measurements, is actually getting better. Unfortunately, an apparently power hungry and somewhat ill-informed Council, eager to please certain interests, have produced a non-sensical burning ordinance that would make burn barrels useless except for the burning of dioxin polluting paper. The Councilors apparently feel this shows they are "doing something" for the comfortable city dwellers who have moved here from the more urban areas that have been ruined, and for the well-off locals who look down their noses at people who struggle or who simply like to burn their yard waste.

To justify the need for the ordinance, some people I communicate with, especially those on the Council (when I can even get them to acknowledge my existence and e-mails), want to focus on the importance of stopping the burning of household garbage and plastics, which are already banned. The main problem with that argument, obviously, is that the burning of most household garbage is already illegal. Instead of focusing on making the current ordinance enforceable, they have actually produced an ordinance that outlaws the periodic burning of much less harmful yard waste in burn barrels, in favor of the burning of paper, which releases a known carcinogen (among other things), i.e., dioxin.

To be clear about my own preferences, I don't see any public good in allowing the burning of toxics, like large quantities of dioxin producing paper and plastic coated paper, or plastics of any sort, or many other materials found in common household garbage. The EPA has made a good case for not allowing that, and the current ordinance already recognizes those facts (except for paper). What I do have a problem with is an ill thought out, over-reaching, heavy-handed and draconian ordinance which bans less problematic substances being burned in burn barrels, while at the same time promoting the burning of dioxin polluting paper, when there has been almost no attempt to educate people about proper burn barrel construction and ventilation for better burning burn barrels, and other alternatives for disposal of trash (which I have touched on in previous blogs, i.e. recycling and container sharing, etc.).

Here is a summary of the objection to the ordinance (in no particular order):

- The city has provided little low cost locally specific data to justify the ordinance, and the Council has not made much more than personal anecdotes available, even though they should be able to provide more specific information.

- Our air is clean, and has been getting cleaner. Other than enforcement issues with the current ordinance, the proposed ordinance is a solution looking for a problem.

- Most people use their barrels for burning yard debris, not household garbage and trash.  The latter is already banned. See current permit: 

"All Burning: 

* ONLY untreated wood, paper products and yard debris are permitted to be burned
* It is NEVER permissible to burn household garbage (foodstuffs, plastic, metal, diapers, etc.)"


- It seems like the ordinance will punish responsible burners for the crimes of a few. Rather that using the draconian measure of banning the most common, and least problematic use of burn barrels, i,e., burning wood and yard debris, a few measures can be taken first:

a.  Enforce current law with an ordinance that provides for that enforcement.

b.  Make a concerted effort to educate people as to how to construct a burn barrel so that it has the proper ventilation to create a hot and efficient fire, and on the health hazards associated with burning household garbage, including plastics and paper. Also, make sure people understand that they have the legal and very inexpensive option of taking plastics, oil, paper, and many other recyclables to the recycle center, and that they can use leaves and household vegetable waste for mulch and compost. They can take toxics like paint to Ace, and many others, like batteries and contaminated gasoline to the recycle center on Wednesdays. They can make other arrangements such as garbage pickup sharing with neighbors or friends for any other waste that is illegal to burn, like foodstuffs and some plastics.

- Many people affected don't even know about the ordinance. Only two of several I initially spoke with even knew about it. They don't follow city news in the Herald or Record Courier, and they will not respond to Council in any event, because they feel disenfranchised and marginalized. They know that Council doesn't care about their lives and their problems, and that the Council's priorities are aligned with downtown business interests. They will find ways to do what they think they need to do. Despite Councilor Pope's invitation, most users of burn barrels will not show up at next Tuesday's meeting, as he well knows.

- There are several references to the dioxin problems created by burning paper on state and US EPA sites. Mike Kee sent me some links to sites from densely populated eastern states that he apparently didn't read very thoroughly. 

Eg. from a link on one site: http://www.dec.ny.gov/chemical/32060.html

It says:
Even burning paper today can release dioxins into the air.

Past generations burned their household trash, but it did not contain plastics, foils, batteries, paper (which is bleached with chlorine) and other materials. Even burning paper today can release dioxins into the air. Burning household trash, whether in an open pit, burn barrel or a wood stove, is illegal, unhealthy, unneighborly and unnecessary.

There are other links available that deal with the paper burning issue.

-Lastly: The Council seems to have an inconsistent standard on toxic pollution. Council defends the 24-7 mercury emissions from Ash Grove (See for example: Ash Grove files suit against EPA’s ruling | Baker City Herald & Ash Grove’s mercury wait continues | Baker City Herald). I understand why they would like to give them time to develop adequate technology to deal with their problem, but the Council then wants to come down hard on residents, many who are low income with few alternatives, without giving them the information and time to adjust their garbage disposal and burning practices.

See: February 8, 2011: Mike Kee & Council Comments on New Proposed Oregon Water Quality Standards.mp4

Here is the description of the video above and some supporting information:

Baker City is a small town of less than 10,000 people in north east Oregon and we are blessed with clean air and clean drinking water. At a time prior to now (May-June 2011), when the Council is supporting an ill-conceived ordinance that would eliminate occasional burning of wood and yard waste in burn barrels, the Council was upset on February 8, 2011, about more stringent proposed water quality rules that would help clean up our waste and agricultural drainage water and which would help protect low income, native, and minority communities dependent on the consumption of fish from those waters.

In his presentation, City Manager Mike Kee misrepresents the rules to an uninformed Council. He states that the old rule was based on "17.5 grams of fish a day that the average Oregonian consumed." According to DEQ, the standard was based on "national consumption data," not Oregon consumption, which was part of the problem. The new rules of 175 grams of fish a day take into account not national, not the "average Oregonian," but Oregon's "susceptible groups", i.e., those mentioned at the end of the last paragraph.

Mayor Dorrah says "They're nuts!" (to much laughter)

Councilor Calder: "Have they heard of catch and release?"

Councilor Bonebrake: "Are they going to require that we eat all this fish?"

Most interestingly, in the case of burn barrels, the Council is supporting an ordinance that bans less harmful burning of wood and yard debris (weeds, and etc.), in favor of allowing ONLY the burning of Dioxin (known carcinogen) producing paper. The fact is that our air quality has been steadily improving for over five years. 

Council is always very protective of business interests and their pollution, but seemingly deaf to the concerns of low income people who cut their "cost of doing business" through occasional burning of yard waste in burn barrels.

Mercury is a potent neurotoxin. 
ODFW has issued a MODERATE mercury level alert for the "Snake River including Brownlee Reservoir (Snake River Zone). This means:

MODERATE MERCURY LEVELS

* Children under 6 should eat no more than one 4-ounce serving every month.
* Women of childbearing age should eat no more than one 8-ounce serving every two weeks. 

* Healthy adults should eat no more than one 8-ounce serving every week.


Many Baker County (along with out of county and out of state) residents eat fish from Brownlee and the Snake River, along with the Tribes downstream.

According to a report by the Oregon Environmental Council:
In Oregon, the major sources of industrial mercury are mercury-added products (such as thermostats, thermometers and fluorescent lamps), point sources (such as power plants that burn coal, commercial and industrial boilers, steel mills, and cement kilns), and abandoned mercury and gold mines. Additional sources of mercury in Oregon include laboratories, dental offices, health care facilities, global emissions, and erosion of native soils. The total amount of mercury released from human sources to air, water, and land in Oregon is estimated at approximately 4,500 pounds annually.

Oregon's two largest source of mercury emissions are the coal-fired power plant at Boardman, emitting an estimated 165 lbs a year, and the Ash Grove cement kiln in the Eastern Oregon town of Durkee, emitting an estimated 2,500 lbs of mercury a year. In 2004, the Ash Grove Cement plant was the third largest source of airborne mercury in the nation.

Council has been very supportive of Ash Grove in their attempts to lower the mercury emission standard for Ash Grove, but they have no qualms about eliminating the occasional use of burn barrels by primarily lower income residents who burn yard wastes (again, burning most garbage is already illegal). Why they would allow the burning of dioxin emitting paper, while disallowing much less toxic yard waste, (actually not proven to be carcinogenic, unlike dioxin.), is beyond me.


Background info:
OPB: DEQ Puts Forward Strict Water Quality Standards
‪

Oregonian: Bills in the Legislature might water down Oregon's tough new limits on toxic water pollution


ODFW: OREGON FISH ADVISORIES

Detailed Oregon DEQ Background, Analysis and Staff Report for Revised Water Quality Rules from June 2, 2011

Changes to the proposed Water Quality Rules in response to lobbying

Previous post on the proposed burn ordinance:

MONDAY, MAY 9, 2011
War on the Poor Escalates--City Ordinance Would Add Restrictions to Burn Barrels (There is a New Burn Fee Too!)


MONDAY, MAY 23, 2011
City Council to Discuss a Revised Burning Ordinance Tomorrow Night

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HELLS CANYON PRESERVATION COUNCIL WOLF ACTION ALERT

At this time only 17 wolves remain in Oregon.

Over this last year Oregon lost 4 wolves. Two wolves from the Imnaha pack were shot by ODFW (Oregon Dept. of Fish & Wildlife) in response to livestock depredations this spring. Another wolf from the Imnaha pack died after being tranquilized, captured, and radio-collared by ODFW in late winter. A wolf from the Wenaha pack was illegally shot by a poacher last fall.

ODFW confirmed less than a dozen cows lost to wolves since wolves began returning to Oregon. Affected ranchers were financially compensated., yet wildlife officials killed wolves in response to all confirmed livestock losses.

ODFW just announced plans to kill 2 more Imnaha pack wolves.

See more of this article at the link above.

Monday, May 23, 2011

City Council to Discuss a Revised Burning Ordinance Tomorrow Night

City Council will discuss a revised Burning Ordinance at tomorrow's, Tuesday night (7 PM) Council meeting.

Agenda Items (From the Council Packet):

1. Call to Order
2. Pledge of Allegiance/Invocation--(Councilor Bonebrake)
3. Roll Call--B. Fitzpatrick
4. Consent Agenda
a. Minutes of May 10, 2011 Regular Session--B. Fitzpatrick, Motion/Approve
5. Citizens' Participation
(Citizens may address the Council on items not on the Agenda. Council may not be able to provide an immediate answer or response, but will direct staff to follow-up within three days on any question raised. Out of respect to the Council and others in attendance, please limit your comment to three (3) minutes. Please state your name and address for the record.)
6. Proclamation for Poppy Day--Mayor Dorrah, Read
7. Ordinance No. 3302 Bum Permit--J. Price, Motion/Approve
Possible 1st Reading
8. Ordinance No. 3303 Create Parks and Recreation Board--M. Kee, Motion/Approve
Possible 3rd Reading
9. Award of the 2011 Thin Overlay Paving Bid--M. Owen, Motion/Approve
10. Resolution No. 36592010-2011 Budget Changes--J. Dexter, Motion/Approve
11. Rules and Procedures of the Baker City Council--M. Kee, Discussion/
Informational
12. City Manager/Department Head Comments
13. Council Comments
14. Adjourn
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Burning Ordinance (No. 3302)

The city has made a few changes to the new burning ordinance (No. 3302) they introduced about a month ago. One positive change, from my perspective, is that they changed the hours allowed for burning to between 7 AM and Dusk. The ordinance introduced a month ago had restricted burning to between 7 AM and 4 PM, when many people are working, at least on week days.

You can find the revised burning ordinance in the May 24 Council Packet that was posted this morning.

They are still restricting what can be burned in burn barrels. The new ordinance will change the things that are allowed to be burned in burn barrels by eliminating yard debris and wood, etc., and allowing only paper. There are some problems for citizens with this approach, as discussed below, the main one being that those who don't have the space required for open burning will no longer be able to burn yard debris in their burn barrels. There are other problems as well, and I will point them out in a post following tomorrow night's meeting, as I have very limited time right now.

I sent the following e-mail regarding the revised burning ordinance to the Council and City Manager today:

Monday, May 23, 2011

Dear Councilors and City Manager:

Mike posted the Council Packet to the city website this morning (Thanks Mike) and I was just now able to read it over for the first time.

A few questions/comments:

1. The Purpose states that:
This ordinance shall promote the public health, safety and welfare of the citizens of the City of Baker City due to the air pollution and fire hazards caused by residential burning involving burn barrels, open burning and the burning of refuse.

As has been pointed out, air quality in Baker City has been improving for several years. The new ordinance will change the things that are allowed to be burned in burn barrels by eliminating yard debris and wood, etc. While these burnable items are allowed in legal open burning by the ordinance, many residents in Baker City's higher density neighborhoods will no longer be able to burn them due to the 25 foot radius required for open burning. They won't have the room required, so even though they might have the radius allowed for using burn barrels, they will no longer be able to use them for their most common purpose--the burning of yard debris, wood and cuttings.

1a. Is it your unstated purpose to make burn barrels useless for their primary use at many city residences and thus eliminate the burning of yard debris, wood and cuttings at these residences (due to the lack of space for open burning?

1b. Do you have any data from local studies that would indicate periodic "residential burning involving burn barrels, open burning and the burning of refuse" is significantly detrimental to the "public health, safety and welfare of the citizens of the City of Baker City due to the air pollution and fire hazards caused by" this type of burning as it is practiced in Baker City? If there were some objective data available, it could be balanced against the harm that will be caused to the users of burn barrels by this ordinance.

2. When the ordinance refers to "small commercial fire pits and grills," is it referring to items commercially available for consumers at retail outlets, or to pits and grills used at commercial establishments, or both?

3. SECTION 3. GENERAL REQUIREMENTS, states under E., that "Only untreated wood, paper products and yard debris are permitted to be burned."

SECTION 5. OPEN PILE BURNING REQUIREMENTS, states under A., that "Open burn piles shall only contain dry leaves, wood, or paper."

One might assume that instead of just dry leaves, that the ordinance intended to allow the normal practice of allowing other yard debris, such as weeds and plant stems like old raspberry canes as well. Is the latter the correct reading and intent?

That's all for now. Thanks for a reply.

Sincerely,

Chris


My previous post on this issue can be found at:

MONDAY, MAY 9, 2011
War on the Poor Escalates--City Ordinance Would Add Restrictions to Burn Barrels (There is a New Burn Fee Too!)


More after tomorrow night's meeting.
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Wednesday, April 25, 2007

NEWSPAPER WATCH (Democracy and Social Arrangements in Baker City part 2)

NEWSPAPER WATCH

CITIZEN PARTICIPATION
Now that Herald editor Mark Furman has left for academia, it will be interesting to see how the opinion page at the Herald evolves. Will they continue printing the grandiose quotes about the importance of our allegedly “free press,” i.e., the Herald, to a functional democracy in the face of their selective reporting and constrictive letters policy? (Mark Twain is supposed to have noted that “It’s a free press if you happen to own one” or something like that.)

On Thursday, April 12th, the Herald wrote that Jayson Jaycoby is now editing the opinion page--a promotion that will hopefully help he and Lisa raise the child they appear to be expecting. It was already clear from the writing style in Wednesday’s (4/11) editorial that Jayson is now on the editorial board. Judging from his statement in that Thursday’s column that he spent his first 18 summers on he West Side and will spend his 19th summer in Baker City this year, Jayson must be all of 36 or 37 years old. How reassuring! We can only hope that his ability to turn a phrase also means he is wise beyond his years. I, for one, will not be holding my breath. I have been treated to Jayson’s judgments of what is newsworthy, and my comments about growth during the citizen’s participation portion of City Council meetings, among others, are apparently not in that class.

OK, you might say, what is so special about your comments at City Council meetings? Not much perhaps, except that we do pretend to be a democracy. I am not alone in that category as many citizen’s remarks do not make the papers, even though they should. Newspaper reporters and editors have the power to decide whether your comments see the light of day, and those with power are prone to abuse it. Sure, Bill Harvey’s comments on development fees get in, but then he’s an esteemed “custom builder” representing a portion of a financially powerful industry. Twice at council meetings, in addition to my own opinions, I have cited as a source, one of the few books that explains the disproportionate costs paid by current residents for the growth that occurs in their cities and towns—costs that benefit and should be paid for by developers and new residents. That book is “Better, Not Bigger,” by Eben Fodor.

Better Not Bigger

Fodor is Oregon's foremost defender of "current residents" in the battle against destructive development. Why would the local papers and reporters like Jayson Jaycoby at the Herald or Brian Addison of the Record Courier want to keep Fodor’s advice and wise counsel from the citizens of Baker County? One might think that because Jayson’s father in law sells real estate, that he may be biased about growth, I don't know. On the other hand, maybe he and his paper need growth to increase circulation, revenues and paychecks. The latter may be applicable to Brian Addison as well, as Brian too has never repeated the title of the book or my comments on growth in his reporting. Oh, and did I mention that 7 out of 13 advertisers on the Herald’s web page have to do with selling real estate? Is it possible that the Herald doesn’t want to report items that might offend its advertisers? Growth is favored by many other merchants as well, because growth stands to increase their customer base and profits. The fact that you are going to pay for a disproportionate share of the cost, or that it takes two red light cycles to get across Main Street on Campbell (if you were lucky enough to squeeze in off a side street) just isn’t important to them.

Time to Think About Growth While Crossing Main Street
(another benefit of growth)

Measure 37, too, has been a contentious topic across the state for some time. Finally, 3 months after Governor Kulongoski kicked off a campaign to fix it, the Herald’s Mike Ferguson mentions it in an article yesterday. Don’t worry if you missed it though, because you won’t learn anything from Mike's article. He quotes Commission Chair Fred Warner Jr. as saying “We’ve still got 10 or 15 more. For now, this is all the staff could get done and get good reports on.” Both Mike and Brian Addison were present at the January 17th, 2007 Commissioner’s meeting where I commented on several Measure 37 demands, including one by Commissioner Fred Warner Junior himself. Not one word of the many pages of comments I gave the two reporters ended up in the paper. Measure 37 wasn’t even mentioned despite over an hour’s time being spent on it. That was the week that Kulongoski spoke on the subject, and yet, nothing about Measure 37 was worth reporting on.

We wouldn’t know from the local papers that there have been 139 Measure 37 claims, affecting thousands of acres, filed here in Baker County and that claims affecting over half a million acres have been filed in Oregon. We haven’t learned from the local papers that a poll earlier this year determined that 61% of Oregonians thought the measure should be repealed or fixed, or that 52% would vote against it if given the chance today. We haven’t been informed that most of the Baker County claimants, including Fred Warner Jr., didn’t even bother to follow the requirements of County Ordinance 2005-01, which adopted logical procedures to be followed when demanding compensation from the County. At least Commissioner Kerns made a stab at identifying the specific land use regulations he thought interfered with his right to develop property, even if James L. Kerns and Fred Warner Jr. didn’t. The ordinance, at Section 2 (7) asks for “A statement and documentation indicating the alleged reduction amount in the real property fair market value showing the difference in the real property fair market value before and then after the challenged regulation was enacted.” Few, if any applicants bothered to comply with the ordinance, and no waiver by the County was stated, so I guess we are to only selectively enforce County ordinances. When I pointed this out, I was told I could go to court, but that they were in any event going to make waivers of the requirements explicit in future reports on the claims.

My unreported message was that Measure 37 was not intended to provide huge windfalls for unsubstantiated claims seeking unlimited individual exemptions for vague uses. Most demands had not shown an actual reduction in value due to any specific regulation applied to any specific use, and given the cumulative impacts of the many M-37 claims, the citizens of this county deserve more than the anything goes free-for-all that is now occurring. They deserve a careful, thoughtful and fair administration and enforcement of County ordinances and state laws that apply to Measure 37. I spent many hours researching a contentious subject and participating in our alleged democracy. As far as the papers were concerned, the hearing didn’t even happen. (You can find the preface to my comments near the end of today’s longish blog)

Another event that didn’t happen was the Baker City Council Goal Setting Session on February 3rd, 2007. The papers didn’t report on the goals set by the new City Council. They apparently weren’t important. I read the minutes, such as they are (it wasn’t recorded to my knowledge), and went to the next Council meeting to comment because I was concerned that some of the Councilors were gearing up for a growth binge. (I hope I’m wrong about that, but the signs are that 4 or 5 of the Councilors favor fairly dramatic growth. I’m afraid that descriptions like “Vibrant” and “Bustling” are code words for long lines, congestion, blocked views, dirty air, high taxes and home prices, as well as sounds of “ka-ching” at our local merchants and realtors cash registers.) OK, so I wrote up two pages of comments and made another stab at “Citizen Participation.” Not only did the papers not report on my comments about growth, the Council didn’t even include them in the internet packet of the proceedings so that others could read them if they wished. I don’t know if that is because Mayor Petry is a realty broker/contractor whose firm advertises in the Herald, or not.

The most recent example of the Herald’s willingness to support good old American participatory democracy was there not finding room to print a letter I sent them this week opposing the burn barrel ban. I hadn’t written them a letter sind the 1st of February, or there abouts. You can find it at the end of this rant.

This sort of treatment is not just reserved for me. I know of others treated similarly, and the unifying thread seems to have three strands: 1. Don’t offend our advertisers. 2. Don’t speak out too strongly or effectively against growth and its consequences. 3. The Herald knows a whole lot more about what’s important than you or I do, after all, they are a solid and essential pillar of our “democracy.” What would we do without them???

ON OTHER MATTERS HERALD

PROCREATIONAL WISDOM FROM THE HERALD?
On Tuesday, April 10th, the Herald editorial board opined that “killing feral cats fails to address the underlying problem: procreation.” Huh??? Does the Herald know something we don’t? Do dead cats actually reanimate themselves to participate in the mating game? I know the sex drive is strong, but this sounds like another version of the second coming (no pun intended).

Morris Home on Clear Creek Near Bates

ON THE MALHEUR NATIONAL FOREST’S INCREDIBLY FORGIVING TREATMENT OF THE PERMIT VIOLATIONS NEAR BATES
The recent article and editorial on “Saving a bit of Bates" was so one-sided and ill-considered that I will devote a whole future blog for it and related recreational residence issues. The Forest Service has been doing the two older women a considerable favor for years and the Herald makes it look like a case of elder abuse. Anything to make it look like you’re wearing a white hat—even if you have to turn the truth on its head.

Spring Flowers on Earth Day

EARTH DAY
Last Sunday was Earth Day and hundreds of thousands of people celebrated that fact. In Los Angeles, thousands came out to celebrate and paint the children’s faces. In San Diego, it was reported that more people than live in all of Baker City visited the festivities at Balboa Park during the day, where among other things, young students sold barn owl nest boxes to earth-friendly passers by. In Baker City, the Herald didn’t even report on it. They reported on some pseudo enviro group called the Water and Stream Health committee trying to find away to steal yet more water from Mother Nature. Just a few days before, the Herald was promoting Miner’s Jubillee, while ignoring the whole destructive legacy of mining in Baker County. Why don’t we celebrate Earth Day? Surely if the only local requirement is for our merchants to make a buck, they could make as much selling souvenirs of Salmon, Sage Grouse, and other imperiled species as they do phony gold nuggets and whiskey during the Jubilee.

COMMENTS NEVER TO SEE THE LIGHT OF DAY

The following are Citizen's Participation comments not reported on or printed by either the Herald or the Record-Courier:

August 15, 2006

Mayor Chuck Hofmann
Councilors Bass, Peterson, Daugherty, Haynes, Petry & Ellingson
City of Baker City
PO Box 650
1655 First Street
Baker City, OR 97814


Dear Mayor & Councilors,

I appreciate being able to voice my concerns and opinions about the proposed golf course development and about growth in Baker City.

As you know, in 1995 the citizens of Baker City overwhelmingly voted down a $600,000 tax levy to expand the golf course, but money was borrowed from the cemetery trust fund to expand it anyway. I am under the strong impression that the vast majority of Baker City residents do not use, and many cannot afford to use, the golf course facilities. Considering that most Baker City taxpayers did not want to pay for the expansion, and benefit little, if at all, from the golf course, they have surely invested enough in the golfing pleasures of those who are fortunate enough to have the money to pay the green fees. The users of the golf course should be responsible for the remaining debt.

If the city decides to enter into a scheme to sell the remaining 15 acres to developers, and I’m not convinced they should, the money from the sale should repay the cemetery trust fund first, with the remainder going into a fund to benefit all the citizens of Baker City.

If the property is developed, the property should include low and moderate-income housing units in proportion to the percentage of low and moderate-income people in Baker City, so as to reflect our economic and social diversity. We don’t need elite enclaves in Baker City, especially if the enclave’s golfing playground is financed in part by all Baker City citizens.

The cost burden created by any necessary extension of water and sewer lines, and other infrastructure to this and other possible developments, along with potential costs associated with any needed increases in water storage and sewer capacity, are the kinds of things the City apparently hopes to discuss with current residents while creating what has been termed “Comprehensive Development Policy Reform.” As noted in the discussion paper, LID non-remonstrance reform is needed, hopefully to ensure that the sort of disastrous financial pain that was inflicted on the innocent bystander, current residents adjacent to the recent Elm Street LID, is not repeated in other areas of our community.

Before we ask ourselves how we want to grow, perhaps we should ask ourselves whether we want to grow. Along with the Elm Street LID fiasco, people are beginning to notice the other negative impacts of growth, as experienced with the congestion on east Campbell Street and as will be soon be experienced by residents on “D” Street. Many of us live here because we value the quality of life provided by our small size, wide open spaces and affordable living arrangements—we don’t want to become another Bend and don’t need upscale sidewalks or curbs on every street. Most importantly, we don’t want to pay for the destruction of the very qualities of life that compel us to call Baker City our “home.” If there is such a thing as doing growth “right,” I would offer that it is growth that is well planned & controlled, recognizes population limits and local carrying capacity, pays its own way, and serves the interests of all current citizens—not just the interests of the “Growth Machine,” i.e. land speculators, developers, contractors, real estate agents, and others who directly or indirectly profit from growth. While some of you may be a part of the “Growth Machine,” you must realize that it is required for you set aside your own interests in favor of the interests of all the citizens of Baker City. Those interests include:
• improved quality of life
• better public services
• enhanced environmental quality
• protection of agricultural and resource lands
• preservation of the historic heritage, and
• economic security for current residents, including no gentrification or displacement of low income residents.
(taken in part from “Better Not Bigger;” by Eben Fodor)

If growth won’t provide these things then it should not be allowed to occur.

As always, “who benefits?” and “who pays?” are important questions. What happened to residents on “F” and Elm Streets wasn’t fair or equitable. Raising the rates for water and sewer, as has happened recently, in order squirrel away money for anticipated development driven sewer and water infrastructure upgrades, would not be a fair and equitable solution to the question of who should pay. It would be an unfair tax on current residents to benefit the “Growth Machine” and future residents. If we have reached the limits of our watershed to provide water, and the limits of our infrastructure to carry water and effluent, then perhaps we should learn to live within those limits. The burden should be on the “Growth Machine” and city officials to show why we would possibly need more development and the costly new infrastructure needed by it when the current systems serve our needs and we are content with what we have. Most of us understand that current residents invariably subsidize growth and that government too often forces us to do so when it is not in our best interests.

Perhaps the council and Baker City residents already know all there is to know about growth, but if not, there is a good, inexpensive book that the council and residents can use to understand the costs, impacts and myths associated with it. The book is “Better Not Bigger” by Eben Fodor. It can help people control growth as opposed to being controlled by it, and can help create a sustainable and very livable community. Beyond the obvious decline in quality of life often caused by growth, it explains why growth is financially costly to current residents, it explains that most jobs go to outsiders, not current residents, and it explains why growth tends to raise local taxes.

Someone once said that there are two stages of the public policy process: too early to tell, and too late to do anything about it. I hope that will not be the case in the future, and that you and the next elected city council will be open, accessible, accountable, responsive, frank, and fair with Baker City residents as you move forward with the discussion about Comprehensive Development Policy Reform.

Thank you for considering my comments.

Sincerely,

Christopher Christie
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Preface to January 17th comments to County Commissioners

Baker County Board of Commissioners
1995 Third Street
Baker City, OR 97814

Re: Measure 37 Claim M37-06-028

Dear Baker County Commissioners:

Please accept these comments on Measure 37 Demand/Claim # M37-06-028, Fred Warner Jr.

Like many residents of Baker City and County, I live here because of the open and un-crowded conditions, the clean air and water, and the natural as well as agricultural landscapes. I enjoy the open and undeveloped agricultural areas of the County while conducting 1 to 3 raptor surveys during the fall, winter and spring months, during the spring and fall migratory bird surveys, and during the two Christmas bird counts, as well as at other times. It is encouraging to see farmland being used for one of its best uses of providing people with food and fiber, rather than for homes and other non-farm development. I also enjoy the area viewing and photographing other wildlife, wild flowers, and open landscapes. I know that unchecked development can destroy all of these important values and our quality of life in a relatively short time, as it has in so many areas in the West and elsewhere. A few decades or less is all it takes, so we have been fortunate to have sensible land use ordinances protecting our County and State since the mid-70’s.

Unchecked development in the County is already impacting the quality of life for county and city residents, and is having particularly serious impacts on Baker City in the form of congestion and the need for traffic control improvements. As you know, county development tends to destroy our quality of life in many ways. Due to the passage of Measure 37, the County had received 139 demands for compensation, covering thousands of acres, as of the end of 2006. If the County waives the applicable land use regulations for all of these demands, the increasing housing and population growth with attendant urban sprawl will:
• reduce farm, range, and timberland and other open space
• negatively impact agricultural and rural lifestyles
• deplete and potentially contaminate ground water
• increase air pollution which will result in more regulation of wood stove and automobile emissions
• damage or eliminate our views of Baker County’s magnificent landscapes
• increase traffic congestion
• increase crowding and competition for local resources like fish, game, firewood and solitude.
• increase taxes to pay for expanding county services as well as infrastructure like schools and roads.
• increasingly fragment remaining wildlife habitat and winter range, thus endangering the presence and survival of the local animal species we all enjoy
• impact sensitive environmental areas
• increase local fossil fuel use

These are just some of the reasons that land use regulations have been put in place during the last three decades or so.

With the passage of Measure 37, all of these things that many value, except for an individual’s right to make a buck off land speculation, are being seriously challenged. There is some question whether the people that voted for the measure intended to put in place a measure, that if poorly implemented, could destroy their quality of life. That is why it is important for those implementing the measure to proceed cautiously and seriouslywithin the law, and to ensure they follow both Oregon state law and Baker County ordinances when doing so. [next several pages removed]
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Comments to Baker City Council
February 13th, 2007

Christopher Christie
1985 15th Street
Baker City, OR 97814
541-523-2376
refugee2000@qwest.net

Dear Baker City Councilors (Bass, Bryan, Calder, Dorrah, Duman, Petry, & Schumacher)

My Name is Christopher Christie. I live at 1985 15th Street.

At the Baker City Council Goal Setting Session on February 3rd, there was a fair amount of talk about growth. Only one of you, Mayor Petry, a building contractor and realtor, stated that they ran for office “To make sure Baker City grows,” but every one of you, and many of the City staff, mentioned growth as an important issue or something to expect in our future. Some thought we should have quite a bit of it and others talked of planning and moderation. The vision spoke to vibrancy, solid infrastructure, scheduled air passenger service, successful commercial districts, and new schools.

The problem though is that the future and the effects of growth can be surprising when all the factors affecting them are not taken into consideration or are simply ignored. People usually sell growth with a pitch that promises jobs and prosperity for all; a steak on every grill, so to speak; a cure-all for the ills of struggling communities. Your kids will get local jobs, even if you don’t have any kids or even if they don’t live here any more. But the reality can be quite different.

For starters, there didn’t seem to be a recognition that both nationally and globally, we are entering the era of decline in per capita fossil fuel energy supplies. Peak oil is happening now. In not too many years, tourist travel will become increasingly prohibitive financially, especially air travel. Our economy and our way of life will be affected, both here and elsewhere. The dysfunctional nature of the “infinite growth is good” pyramid scheme will become apparent to all as we get in touch with the finite nature of the resources we have squandered. We need to consider energy constraints and how they are going to dramatically affect our future.

And if growth does occur over the next decade or so, what will it really bring? The promise is that growth will provide jobs for your children and others in the community. Maybe, maybe not. In one study of 50 American cities, it was found that there was no statistical correlation between the growth rate and the unemployment rate—you just become a bigger, more crowded city with a similar unemployment rate. New job opportunities are not guaranteed to locals, and as you well know, many local jobs go to newcomers who are also looking for opportunities. Studies have shown that 30 to 50% of new jobs go to immigrants (Fodor, Better Not Bigger). The basic formula over a period of time is that if you double the size of your community, you will ultimately double the number of people who are unemployed. Sure it will help many realtors, contractors and small business owners, like those of you on the City Council, but it shouldn’t be sold as a promise to make jobs for locals or reduce the unemployment rate.

And then there is the issue of who benefits and who pays. There is, of course, a cost for doubling or tripling the population in order to double or triple the number of unemployed, and these costs are often hidden. Economic development and new housing, with the resultant increase in population, increases the demand for expensive infrastructure and public services. This all costs the taxpayer money and causes other kinds of grief in the form of crowding, congestion, and environmental degradation. Public subsidies are often involved, as for example the exemption from property taxes that Baker City offers certain employers. Other subsidies involve increased taxes for growth induced increases in infrastructure such as schools, sewer system and storm drain costs, water supplies and delivery, transportation, police and fire protection, garbage disposal, library service, parks and recreation, government services, etc., etc. Obviously, stable cities don’t have a need for expanded facilities, growing cities do. Growth could increase per capita charges and property taxes by hundreds of dollars annually for Baker City citizens.

Growth can also destroy, or seriously degrade, the overall quality of life for Baker City residents. The deterioration will be experienced in increased congestion, as can be seen on Campbell Street, to reduced air quality and increased regulation of wood stove heating, to increased competition for local resources like firewood and solitude, as well as in the loss of any real sense of community.

Because growth tends to be destructive of the quality of life for current residents, and is most often subsidized by them, it should be approached cautiously. If the City Council is determined to make Baker City grow, then as some of you have indicated, it should be well planned. In addition, the costs should be allocated fairly and growth should pay its own way. A new and updated community vision needs to be developed with broad citizen participation, not just with the input of City staff and the Chamber of Commerce. Community standards need to be improved to protect Baker City and our quality of life from the undesirable impacts associated with growth.

Planning should include the development of a community impact statement created by people and planners who are not conflicted by their involvement in the growth industry. It should include scenarios for what can be expected at different population sizes, and should include a no growth scenario. The public should be fully informed of the current infrastructure capacity, including water supplies, sewer system capacity, transportation grid capacity, etc. The public needs to be informed about how much of their current water and sewer charges, if any, are being used to plan and pay for increased capacity to provide for future development. We need to know how many people can be supported by current capacity and how close we are to that capacity.

To determine a fair allocation of costs between current residents and future development, a cost- benefit analysis should be done. If new facilities are needed to make development possible, then those truly benefiting from that growth should pay for it in accordance with the amount of benefit. Reductions in taxes for current residents whose lives will be negatively impacted by growth should be considered. To protect current residents and ensure that they do not have to pay for the cost of development that benefits others, system development charges and impact fees should be created for all capital improvement categories for which local jurisdictions may collect such charges and fees, as listed in ORS 223.299 (1)a. The City Council should consider a resolution asking that ORS 223.299(1) be amended to add police, fire, library, and school facilities to the list of capital improvements for which local jurisdictions may collect impact fees and system development charges.

Lastly, it is worth repeating the “Catch 22 of Growth” from Eben Fodor’s book, Better, Not Bigger. It goes like this: “The better you make your community, the more people will want to live there, until [ultimately] it is no better [and perhaps worse] than any other community.” I know that you do not want to destroy our quality of life or make current residents pay for growth that does not benefit them. I hope you will consider these suggestions to ensure that neither of these things will happen.

Thank you for listening.

Sincerely,

Christopher Christie

Many of the ideas in this letter, and much more, can be found in Eben Fodor’s Book, Better, Not Bigger.
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April 23rd Open Letter to the City Council:

Dear Councilors,

I have read that a resident has asked that the City consider banning burn barrels, and that at the April 24 meeting, you will be expanding the discussion to open burning as well. Apparently the resident is upset that some burn some trash that is currently illegal to burn. I would request that the City not write a new law to ban a current practice, but rather enforce laws that are already in effect to remedy the problem. If people would report illegal, toxic, or otherwise offensive burning, and if the city were to send an officer out occasionally to sniff for violators, then enforcement of current law would help to curtail illegal burning. Additionally, burn barrels would appear to be safer than open burning, which is also legal and not affected by a barrel ban. I would venture a guess that all of the open and barrel burning fires in Baker City combined during a typical year would not amount to as much smoke and CO2 as is created by a single controlled burn in the forest. Allowing people to burn could also increase the longevity of the local landfill.

Composting is best, but lets not ban another current practice ala "Dogs in the park." We just need to enforce laws already on the books. Enforcement will likely jog people's memories as to what is, and what is not, legal to burn.

Sincerely,

Christopher Christie