Minutes: Board of Commission Meeting, 03/06/2002 COUNTY COMMISSIONER CHAIR BRIAN D. COLE
COUNTY COMMISSIONER HOWARD C. BRITTON COUNTY COMMISSIONER TIM L. KERNS
The Baker County Board of Commissioners met for the March 6, 2002 Commission Session. Present were Commission Chair Brian D. Cole, Commissioner Howard C. Britton, Commissioner Tim L. Kerns, and Administrative Officer Patrick Smith.
Citizen's Participation:
Ms. Bev Stultz, resident of Halfway and representative for the Friends of Brownlee, went before the Commissioners, stating disappointment in Baker County’s involvement with the Hells Canyon Dam-Relicensing project. Ms. Stultz stated that currently she sits on the board for the collaborative team meetings. Ms. Stultz stated that right now is a very crucial time. Ms. Stultz stated that the Friends of Brownlee were under the assumption that Baker County was going to fight for them. Had the Friends of Brownlee not been at the February 6, 2002 Collaborative Team meeting, Idaho Power would have taken out the protection of warm water fish species. Ms. Stultz added that there are major things happening with Hewitt/Holcomb Parks as well.
Ms.Donna Reedy, City Recorder from the City of Huntington and resident of Baker City stated that the reason for the City of Huntington not supporting the new economic development director position was that they did not believe they would get help out there. The City of Huntington would commit to the Economic Developer if that person would fight for the level of water in the reservoir.
Commissioner Cole introduced Ms. Reedy to Mr. Bob Shepard who is Baker County’s new Economic Development Director. Mr. Shepard stated that the issue of the water level had already been discussed with him and he would be meeting with the City of Huntington shortly.
Commissioner Britton stated that currently the water level is not unusual at this time. The 40-foot level is required by the Core of Engineers. Commissioner Cole stated that the one thing the County is concerned with is to get the level up much higher and much sooner. Commissioner Britton added that the County had developed a position paper in regards to the Hells Canyon Dam-Relicensing.
Mr. Larry Taylor, Interim Parks Director, was present and stated that he goes to many of the recreational meetings with Idaho Power Company. The recreational meetings went on a hiatus over the winter and will be starting up shortly. Mr. Taylor stated that the signals that he had been receiving from Idaho Power was that they would not do a thing unless the Federal Energy Regulatory Commission made them.
Commissioner Cole stated that he wished to address Ms. Stultz’s concerns. Commissioner Cole stated that there had been some scheduling conflicts that had occurred, but by no means did it mean that the County was not on top of things. In the past commission sessions had even been scheduled so that Commissioner Cole could attend the Idaho Power meetings. This County’s commitment is solid on this.
Ms. Stultz stated that her main concern was if the County was still on board and supportive of the Friends of Brownlee. Commissioners agreed that their full support was still there. Commissioner Kerns stated that he was somewhat out of step on this, but would give them all the support they wanted.
Leonard Bacon stated that Mike Nelson told him that when the Commissioners were not able to make it to an Idaho Power meeting, that they could be represented by County Counsel or the Economic Developer.
Commissioner Cole stated that Sarah Hilderbrand, County Counsel, had been to the meetings, and serves as the advisor to the County Commissioners, and Mr. Larry Taylor, Interim Parks Director attends all of the recreational meetings.
Ms. Hilderbrand stated that she had been attending meetings for the past 1 1/2 years.
Commissioner Cole stated that he had even been in the Governor's office on this issue. Commissioner Cole would like to see the same standards used in the Oregon Parks as in the Idaho Parks. Commissioner Cole added that he regretted having to miss a couple of meetings, but wanted Ms. Stultz to know that the County’s resolve is nothing less.
Commissioner Kerns asked if it would help to have another public hearing with Idaho Power and key interests. Ms. Stultz thought that it would be a great idea and asked that the Cattlemen's Association be represented as they could be affected as well.
Review/Approval of Minutes:Commissioner Kerns moved to approve the February 20, 2002, commission session minutes. Commissioner Britton seconded the motion. Motion carried unanimously.
Additions to the Agenda:
*Eastern Oregon Telecommunications Committee
*Idaho Power Relicensing
*Fair Board
*County Empowerment
Scheduled Business: Amendment to Hewitt/Holcomb Park Contract: County Counsel Sarah Hilderbrand stated that two years ago the County went out to bid for a manager for Hewitt/Holcomb Parks. Mr. Bud Brashler was awarded the contract. Since Mr. Brashler was hired, Ms. Hilderbrand stated that everything she had been hearing was positive. There was a provision in the original agreement to renew the contract for two years. This year will be the second year for renewing the contract. Ms. Hilderbrand stated that the contract remains the same with the exception of a new provision for a cost of living increase. The Parks Board had requested this provision. Commissioner Britton moved to approve Amendment #2 to the Hewitt/Holcomb Parks Contract with Mr. Bud Brashler. Commissioner Kerns seconded the motion. Motion carried unanimously.
Sumpter Valley Railroad Lease: Ms. Hilderbrand stated that this was a 20-25 year lease for $1 per year. The original lease agreement allowed approximately 1,000 acres to be leased by the Sumpter Valley Railroad (SVRR). SVRR does really not need all of that land. A portion of the originally leased agreement also falls under the requested expansion from the Defrees family. By renewing the lease agreement with SVRR, with fewer acres, it would allow the County to lease an additional portion to the Defrees’. What this lease agreement does is limit the SVRR to the area that they really use and to give them responsibility for taking care of the lagoon. Commissioner Kerns questioned how much land would be leased by the SVRR now. Mr. Larry Taylor, Interim Parks Director, stated that it would be about 80 acres. Mr. Taylor stated that the provisions in the contract had been discussed with the SVRR and so far they did not have a problem with it. Mr. Taylor also stated that the Parks Board would be assisting the SVRR with the maintenance of the restrooms.
Commissioner Cole confirmed with Mr. Taylor that the SVRR is supportive of the contract, but had yet to officially act on it. Commissioner Cole moved to sign lease agreement and to let the SVRR know that typically the SVRR would have seen the contract prior to the Commission signing it. Commissioner Britton seconded the motion. Motion carried unanimously.
Order No. 2002-125: Land Exchange. Ms. Hilderbrand stated that at the previous commission session, the public land exchange was approved. Order No. 2002-125 stated that a resolution was passed, a public hearing was held and now Baker Count intends to do the exchange. Commissioner Britton read the order. Commissioner Britton moved to approve Order No. 2002-125. Commissioner Kerns seconded the motion. Motion carried unanimously.
Ms. Hilderbrand presented the Commissioners with a quitclaim deed for the land exchange. Commissioner Britton moved to sign the quitclaim deed between Baker County and the Forsea’s. Commissioner Kerns seconded the motion. Motion carried unanimously.
Purchase of OshKosh Snowplow: Kathy Hogge, Office Manager for the Road Department, was present. Ms. Hilderbrand stated that the Road Department had went out to bid for a snowplow. The lowest bid that met the requirements was an OshKosh for $6,900. Two other bids were received, one for $14,000 and one for $15,000. The least expensive was newer and half the cost of the others. Commissioner Kerns moved to move forward with the acquisition of the OshKosh snowplow. Commissioner Britton seconded the motion. Motion approved unanimously.
Resolution No. 2002-1020: Amending Resolution 2000-1026. Ms. Hilderbrand stated that Resolution No. 2002-1020 was a formality. A decision had been made at the February 20, 2002 public hearing on Connor Creek Road recognizing it as an RS2477 right-of-way. Resolution 2002-1020 amends the original resolution (Resolution No. 2000-1026). The amendment will serve as Exhibit A to the original resolution. The portion of road that is to be recognized is from the Snake River road up to Connor creek. Commissioner Kerns moved to approve Resolution No. 2002-1020, amending Resolution 2000-1026. Commissioner Britton seconded the motion. Discussion: Commissioner Cole stated that he was very pleased with the decision that they made. There was plenty of evidence that the road meet the qualifications. Motion carried unanimously.
Commission on Children and Families Community Plan Phase 2:Ruth Whitnah, Director of Commission on Children and Families, and Liz Estabrooks, developer of the Community Plan Phase 2 document, were present. Ms. Whitnah began by stating that the state is requiring an extensive list from each county. Resulting in SB555. The first phase was to look at the statistics and to analyze them (Community Phase 1). The next step was to perform a detailed analysis and intensive work on seven years of goals. Ms. Whitnah stated that the Community Plans have taken Ms. Estabrooks leadership for the past two years.
Ms. Estabrooks stated that the plans meet all of the basic requirements required by the state. Ms. Estabrooks added that in Phase 3, the data collection, the County would be required to move towards best practices in human services. Ms. Estabrooks stated that they have chosen eight priorities, so that they will be able to get them done. They really want to focus on the eight that they believe can be changed. Ms. Estabrooks stated that Baker County is affected by low-income families. They have directed needs towards housing, childcare, domestic violence, juvenile recidivism, and reducing tobacco use during pregnancy to name a few. Ms. Estabrooks stated that they would also like to see all families eligible for resources regardless of their economic status. Ms. Estabrooks stated that currently Baker County has an above average poverty level and it seems to be continuing to increase.
Commissioner Kerns questioned if it would be possible to compare the statistics to counties that are closer to Baker County’s size, instead of comparing Baker County to state and federal statistics. Ms. Estabrooks stated that this would be something they would look in to.
Ms. Estabrooks explained that the Community Plan 2 discusses the need to talk about strengths, weaknesses, opportunities and threats. A community forum was held to discuss these. Each group listed the same ideas. A summary of these ideas was listed in the Community Plan 2. Ms. Estabrooks stated that the Plan also focuses on single parents and the need to reduce child maltreatment.
Commissioner Cole questioned how the Plan related to the current county budget. Ms. Whitnah stated that it was reflected in the budget. Commissioner Cole then asked if the name of the Plan could be changed to reflect that it is focused on social services. Ms. Judy Barzee, Office Manager for the Commission on Children and Families stated that the state had asked that it be kept simply. Commissioner Cole suggested that if possible, the name be changed.
Commissioner Kerns moved to approve Phase 2 of the Community Plan. Commissioner Britton seconded the motion. Motion carried unanimously.
Airport Levy: City Manager Gordon Zimmerman was present to request a one-year countywide tax levy for the Airport. Mr. Zimmerman stated that a lot of work will be done out at the airport. The fuel tanks had been removed and they were hoping to begin construction soon. Mr. Zimmerman stated that Oregon Economic and Community Development Department would be loaning funds for the City of Baker City to buy the buildings at the airport. Deterioration of the runway is ahead of schedule. The overlay will cost approximately $1.25 million. Mr. Zimmerman stated that 10% of the cost would need to come from the community. The City of Baker City would like to request that the County help with a third of the matching funds for the improvement of the runway.
Commissioner Cole stated that $140,063 would be the total amount that the countywide levy would need to net, assuming that the evaluation was correct. Commissioner Cole stated that resolutions of support had been received from each outlying community.
Mr. Zimmerman stated that a home in Baker County assessing for $100,000 would pay approximately $16.00 ($0.16/$1,000 of assessed value). Mr. Zimmerman clarified that the funds were specific to engineering and the rebuilding of the runway. The deadline for the levy to be included on the May ballot is March 21st. If approved, it would be included in the November elections.
Commissioner Britton questioned the uncollected revenues for the levy that would occur in the future. Administrative Officer Patrick Smith stated that that was one of his concerns as well. Mr. Smith stated that typically, the County collects 95% on current taxes each year.
Commissioner Britton stated that although the airport is owned by the City of Baker City, it is used countywide. The people of Baker County will ultimately make the decision.
County Clerk Tami Green added that in 1989, when the last airport levy was passed, that it had passed in every precinct.
Commissioner Kerns stated that it would be beneficial to check on what the levy would do on the County’s budget.
Commissioner Cole stated that he liked that the City of Baker City was working on making the airport viable. Commissioner Cole stated that his preference would be to put it on the ballot.
Commissioner Britton stated that he was comfortable with moving forward with it.
Commissioner Kerns stated that he hated to “nickel and dime” the voters with extra levies. If the County has it within the budget, we should spend the money.
The Commissioners concurred to table making a decision until the March 20, 2002 commission session.
Justice Court Administrator Job Description: Administrative Officer Patrick Smith stated that the matter before the Board today was to go over the Justice Court Administrator job description. Mr. Smith stated that there had been some changes in the position’s duties, specifically, who the employee should report to. Mr. Smith stated that the task force and Judge Cole had recommended that the position report to Judge Cole. If the position is not to be autonomous, it should return to the range that it previously was at. Mr. Smith stated that this issue was discussed a January, 2002 work session. Mr. Smith stated that it was his and Personnel Officer Debbie Hoopes’ recommendation that the position be returned to a Court Specialist 2. This change would take the position from a Range of 15 to a 10.
Linda Williams, Justice Court Administrator, stated that she was uncomfortable about discussing her position in a commission session. Ms. Williams was accompanied by Judge Pope who had prepared a statement on Ms. Williams’ behalf. Judge Pope read his statement and provided copies to the Commissioners. The proposed change, he believed, would do harm to the Justice Court operations.
Commissioner Cole questioned if these decisions had to be made in commission session. Mr. Smith stated that it needed to be kept in mind that this discussion was not about the person, but rather the actual job description. Job classifications are discussed during commission sessions. The range level at what you pay an employee is typically done outside of session.
Commissioner Kerns stated that he did not see a need to change the classification of the Justice Court Administrator.
Commissioner Britton stated that he had asked Ms. Williams to compare both job descriptions at the work session in January. Ms. Williams stated that Judge Cole had told her not to do it as he had spoken to Commissioner Britton already. Commissioner Britton asked Ms. Williams whom she was currently reporting to. Ms. Williams stated that it was Judge Cole.
Mr. Smith stated when Ms. Williams was hired, she understood that there were a number of issues that were unclear in the Justice Court Department. Mr. Smith stated that for both Ms. Williams’ benefit and the County’s; a decision needs to be made quickly.
Judge Pope stated that he was unable to see any good reason to make the change. Judge Pope stated that it would be a good idea to have Judge Cole in on the discussion, as he is adamantly opposed to changing the Justice Court Administrator’s range.
Commissioner Kerns moved to leave the classification as is. Motion died for lack of a second.
Clerk Tami Green commented that it needed to be kept in mind that there are similar positions to Ms. Williams within the Courthouse. Should Ms. Williams’ position be left at a Range 15, the Board would be opening doors for the rest of them.
Commissioner Cole stated that the County had a current system on how positions should be classed. The position was originally posted as a non-union position, reporting to the Administrative Officer. As of today, it is Judge Cole's preference to have the position report to him.
Mr. Smith stated that originally Ms. Williams was reporting to him after strong recommendations were received by the auditor, Judge Cole, and the County’s computer consultant regarding the separation of powers. Since then, the task force has met and they believe that changes are in place so that Judge Cole can now have full supervisory duties over the Justice Court Administrator.
Commissioner Britton requested that a decision be held off until Judge Cole could be present.
Documents to be Signed: Order No. 2002-124: Appointing a member to the Local Alcohol and Drug Planning Committee. A volunteer application had been received by Mr. Todd Siex. Commissioner Cole moved to approve Order No. 2002-124, appointing Mr. Todd Siex. Commissioner Britton seconded the motion. Motion carried unanimously.
Commission on Children and Families: Jayne Henderson Agreement: Patrick stated that additional funds were received to extend the contract. Commissioner Cole moved to approve the contract between CCF and Jayne Henderson. Commissioner Britton seconded the motion. Motion carried unanimously.
Discussion Topics: Calendar Comparison:
March 6th: NGASTF, Fairboard meeting
March 7th: Budget Retreat
March 12th: Chabin Concepts
March 13th: Board of Realtors, Town Hall Meeting
March 15th: PERS meeting
March 18th: Community Connections
March 19th: Wallowa-Whitman Forest Service meeting
March 20th: E/O meeting, Commission Session
Additions to the Agenda: Eastern Oregon Telecommunications Committee (EOTC). Commissioner Cole stated that a letter had been received from the EOTC requesting $1,000. Commissioner Cole stated that due to our own advocacy Baker County is ahead of many other communities. The question is whether or not we want to be part of a regional partnership. Consensus was reached that Commissioner Cole would discuss the funding with Administrative Officer Patrick Smith.
Idaho Power:
Commissioner Britton offered that if there were any future conflicts with meetings, that he might be available to cover them. The meetings are now getting to the “nitty-gritty”. Commissioner Cole added that the County has stated their position and have been advocating it since day one.
Fair Board:
Commissioner Britton stated that he would be attending that evenings meeting and hoped to see the Fair Board reaffirm their plans and go out to bid.
County Empowerment:
Commissioner Kerns stated that the meetings have gone very well. Ms. Sarah Hilderbrand, County Counsel, would be writing to agencies—state and federal, notifying them that Baker County has this committee and that we expect them to work with us. Mr. Lynn Shumway and Mr.Ken Benson are Co-Chairs. Commissioner Kerns stated that he believed the County Empowerment Committee would be creating a lot of work for county staff, specifically Mark Bennett, and Sarah Hilderbrand. Commissioner Kerns commented that the Hells Canyon Dam Re-licensing might be something that the County Empowerment Committee could take a look at.
Commission Session was adjourned at 12:35 p.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners