Minutes: Board of Commission Meeting, 03/16/2005 COUNTY COMMISSIONER CHAIR FRED WARNER, JR
COUNTY COMMISSIONER TIM L. KERNS COUNTY COMMISSIONER DR. CARL STIFF
The Baker County Board of Commissioners met for the March 16, 2005 Commission Session. Present were Commission Chair Fred Warner, Commissioner Tim L. Kerns and Commissioner Carl E. Stiff.
Citizens' Participation: Mr. Steve Culley stated his concern over compliance with open records law, specifically social security numbers on concealed weapons permits. Mr. Culley stated that identify theft was a real issue in Oregon and personal information, such as social security numbers, should not be shared through public records.
Review/Approval of Minutes:Commissioner Kerns moved to approve the March 2, 2005 Commission Session minutes and the March 9, 2005 Special Session minutes. Commissioner Warner seconded the motion. Motion carried.
Additions to the Agenda:
*Correspondence from Greenhorn
Scheduled Business: Tax Refund Resolution: Treasurer/Tax Collector Alice Durflinger was present before the Board. Ms. Durflinger announced that she was refunding a total of $93,303.39, with the largest refund going to Qwest. Due to an appeal, the Department of Revenue made adjustments and now the County was required to submit a refund. Commissioner Kerns questioned how the refund would affect the County. Ms. Durflinger stated that the County would be affected by approximately 25% and the School District and City would take a hit as well.
Documents to be Signed: Resolution 2005-1022: Unanticipated Revenue in Parole and Probation Department: Commissioner Warner stated that additional revenue had been received and $2,507 was being recognized. These funds would be expended through the Department Assistant II line. Commissioner Kerns moved to approve Resolution 2005-1022. Commissioner Stiff seconded the motion. Motion carried unanimously.
Scheduled Business: Planning Commission Bylaws: Assessor Allen Phillips and Planner Shawn Berry were present before the Board. Mr. Berry reported that in 1997 the Planning Commission had approved bylaws, however the Board of Commissioners had never approved them. The bylaws had been readdressed and were before the Board for approval. Commissioner Stiff addressed some corrections. Commissioner Warner questioned if the Planning Commission was satisfied with Article III, Section 4 on majority rule. Consensus was reached that Mr. Berry would clarify that section with the Planning Commission and bring the bylaws before the Commissioners at the next meeting.
Draft Ordinance for Measure 37:
Mr. Berry stated that the ordinance only addressed County regulations. Commissioner Warner added that a disclaimer would need to be included so that citizens were aware that they needed state approval as well.
Mr. Steve Culley was present and stated that Measure 37 was passed to limit the power the state and wanted to stress the importance of keeping the process open to the public. Commissioner Warner assured Mr. Culley that the process was an open one.
Commissioner Warner stated that he and County Counsel had met and had recommendations to draft 6 of the ordinance. Commissioner Warner stated that the findings in the ordinance should mirror those adopted in Resolution 2005-1075. Discussion continued over definitions and using language from Measure 37.
Mr. Culley expressed concern over one person having too much authority and the ability of the Planning Director to keep asking for more and more documentation. Commissioner Warner responded that the County would only need enough information to make a decision. If the Planning Director overstepped his/her bounds, then the Board of Commissioners would address the matter. Mr. Culley also expressed concern about the possibility of the County coming back and saying they needed to charge more than $20/application.
Commissioner Kerns questioned if a family trust would qualify as ownership. County Counsel Kim Mosier stated that it was a legal entity and included in the definition of family.
A brief discussion was held regarding the definition of documentation and that although the Planning Department would have the information, it would be up to the applicant to gather it, such as property values before and after land use regulation, etc.
Mr. Culley believed that the state and county were going to come in conflict in regards to comparable sales. Commissioner Warner stated that if that occurred, the court system would have to figure it out.
Additional format changes were discussed as well as holding public meetings. Commissioner Stiff questioned why public meetings would be held. Commissioner Warner responded that public meetings would be held to consider matters of health and public safety.
Mr. Culley commented that the County could not reject claims unless they dealt with nuisance issues. Otherwise applicants would take them to court.
Section 7 of the ordinance was discussed at length. Ms. Mosier stated that the Attorney General’s opinion on transferability was that any removal or modification granted did not go with the property. The decision was being granted to property owner, not the land. A brief discussion followed regarding non-conformance.
Ms. Mosier recommended adding language that the County would convey the rights to the fullest extent of the law.
Mr. Culley requested clarification on the appeal process. Commissioner Warner stated that once the County made a decision and if the applicants were not satisfied, they could take it to Circuit Court.
Commissioner Kerns questioned if there was benefit to including stronger language when discussing conveyance. Commissioner Warner was concerned that stronger language would give applicants a false sense of security as the state could rule differently then counties. Ms. Mosier believed the language to give as much power as the County could under the applicable laws—whatever they may be at the time.
Consensus was reached to hold the first public meeting on the Measure 37 ordinance on Tuesday, March 29th at 6 p.m. at the Extension Building.
Contract Review Board:
Commissioner Warner moved into Contract Review Board.
Roadmaster Ken Helgerson and Nolan Perkins from the Road Department were present before the Board. Roadmaster Helgerson reported that the new crusher had arrived. Now the issue before them was to find a trailer to haul the crusher on. Mr. Perkins had been researching and presented the following quotes: a new one would run $25,000; Tony Britt quoted a 1991 for $20,000; and a Canadian company had quoted a 1990 for $8,200 and would deliver for a total price of between $9,000 to $10,000. Mr. Perkins stated that he had viewed the trailer and it was in excellent condition. Commissioner Warner questioned if the jeep trailer would fit long-term needs. Roadmaster Helgerson and Mr. Perkins agreed that it would. Commissioner Stiff moved to approve the purchase of the 1990 Kozak as described by Mr. Perkins. Commissioner Kerns seconded the motion. Motion carried unanimously.
Commissioner Warner moved to exit out of Contract Review Board.
Addition to the Agenda: Correspondence from Greenhorn: Commissioner Warner stated that emails had been received by Larry Pearson, Trustee and Fran Villwock, Mayor. Both believed that someone living in Greenhorn was using county property as a dumpsite. Commissioner Warner stated that he would be contacting the DEQ and the Sheriff’s Office. If they could prove who had done it, he would rather have them clean it up than to use trust money.
Other Business: Comparison of Calendars:
Mar.16th: Nuisance, TRT
Mar.17th: Mayors Council in Sumpter, Small Woodlands Meeting
Mar.18th: Interviews for Facilities Foreman
Mar.21st: Bishop Springs Rest Area Dedication
Mar.24th: Power Generation Task Force Meeting, HB 2871 Public Meeting
Mar.29th: Measure 37 Public Hearing
Mar.30th: City/County Meeting
Mar.31st: NEOEDD in La Grande, NHOTIC
Apr. 1st: Young Life Banquet
Apr. 6th: Commission Session
Commission Session was adjourned at 12:00 p.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners