COMMISSION SESSION
MINUTES


Session Date: 10/15/2003

Status: Archived

Minutes:
Board of Commission Meeting, 10/15/2003
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 October 15, 2003 Commission Session. Present were Commission Chair Fred Warner, Jr., Commissioner Tim L. Kerns, and Commissioner Carl E. Stiff.

Citizens’ Participation: None

Review/Approval of Minutes: Commissioner Kerns moved to approve the October 1, 2003 Commission Session minutes as presented. Commissioner Stiff seconded the motion. Motion carried unanimously.

Additions to the Agenda:
*Lifting the Burning Ban
*REVISED 5J School District Health Clinic Contract

Addition to the Agenda:
REVISED 5J School District Health Clinic Contract: Commissioner Warner stated that it would not be signed during this session.

Scheduled Business:
Final Hearing on Heather Glen Subdivision: Commissioner Warner read the public hearing procedure and then opened the public hearing.

Commissioner Warner questioned if there was a challenge to the jurisdiction of the Baker County Board of Commissioners to hear the matter. There were none.

Commissioner Warner questioned if there were any conflicts of interest or personal biases to be declared. Commissioner Stiff stated that he would recuse himself as he was part owner and moved to sit in the audience.

Commissioner Warner questioned if there had been any ex-parte contacts regarding the Heather Glen Subdivision. Commissioner Kerns stated that he had been in contact with Dave McCarty concerning the helicopter business in that neighborhood, but not the subdivision. Commissioner Warner stated that he had talked with Eddie Payton in regards to water rights, but not specifically on the subdivision.

Commissioner Warner continued to read the procedures and asked for staff summary.

Staff Presentation:
Planning Director Mark Bennett was present before the Commission. Mr. Bennett stated that this was the second hearing on the subdivision. The applicants were proposing the creation of 14 parcels from an existing 73.07-acre parcel. This request would create 12 five-acre residential lots and two 6 ½ acre residential lots. Mr. Bennett stated that the first hearing had been held in 2002 where the Baker County Planning Commission had approved and recommended to the Baker County Board of Commissioners approval of the final subdivision hearing and plat. Mr. Bennett stated that he had met with the applicant and they were aware of the conditions of approval. Mr. Bennett reminded the Commissioners that the only issue for consideration today was the Heather Glen Subdivision and the Board of Commissioners were charged with approval or non-approval of the Heather Glen Subdivision.

Consensus was reached that Mr. Bennett would go through the analysis first prior to taking public testimony.

Mr. Bennett went over the Baker County Zoning Ordinance (#83-03) Requirements and Standards for the Heather Glen Subdivision:
1) Section 108 (B): definition of a subdivision. Mr. Bennett stated that criterion had been met.
2) Section 303.02:in a RR-5 zone, subdivisions are considered a conditional use… Mr. Bennett stated that criterion had been met.
3) Section 303.03: minimum parcel size in RR-5 zone shall not be less than 5 acres. Mr. Bennett stated that criterion had been met.
4) Section 602: indicates standards for the Planning Commission to consider when granting a conditional use. Mr. Bennett read these and stated that the Planning Commission determined that the development would be similar to that of developments allowed in the surrounding area. Mr. Bennett stated that criterion could be met by satisfying all conditions of approval, including the declarations of conditions, covenants and restrictions for Heather Glen Subdivision.
5) Section 1001.03(c): subdivision shall provide for the continuation of major and secondary streets…Mr. Bennett stated that through the development of Michael Lane, Barbara Circle, Scott Circle, and Shaun Circle, that the criterion would be met.
6) Section 1004.01: no tentative plan or plat of a subdivision may use a similar name…Mr. Bennett stated that in essence you could not have two Heather Glen subdivisions occurring at the same time. As there were not, criterion had been met.
7) Section1005: requirements and procedures necessary for obtaining approval of final subdivision plat. Mr. Bennett stated that none of the required people could not sign off on the plat unless all of the conditions were met.
8) Section 1005.7: agreement for improvements. Mr. Bennett stated that the applicants had met all of the requirements, however if the Board of Commissioners feel that additional requirements needed to be met, then an agreement or bond must be executed.
9) Section 1006.02(c)(6): all easements provided must be shown on final plat …Mr. Bennett summarized stating that there were two issues brought before the department in regards to the Cartmill Ditch: 1) the transference of the water rights out of the ditch on the parcel and 2) the cleaning, maintenance and crossings of the ditch. The applicant had agreed to transfer the water rights or cancel them. In regards to the cleaning, maintenance and crossings of the ditch, it was agreed between the applicant and water users that it would be the responsibility of the individual parcel owner. Criterion would be met by satisfying conditions of approval.
10) Section 1009: …road easements shall be no less than 60 ft in width and shall be on plat map and recorded… Mr. Bennett stated that criterion would be met by the creation of Michael Lane.
11) Section 1009.04:…standards for Class 3 subdivision. Mr. Bennett stated that the Planning Commission had summarized that once the applicant met all of the conditions of approval, that the applicant would meet all applicable criterion standards. Therefore, the Planning Commission approved SUB-02-01 subject to the conditions of approval.

Mr. Bennett briefly went over the conditions of approval

Commissioner Warner clarified the Commission’s authority and that they could not just arbitrarily reject the subdivision. Mr. Bennett stated that that was correct. Mr. Bennett stated that you could not vote based on personal concern such as not wanting anymore subdivisions in Baker County.

Applicant Testimony:
Joe Rudi
17667 Deer Park Loop, Baker City, Oregon 97814
Mr. Rudi stated that they had tried to do everything they could to make it a nice subdivision compared to what you might find elsewhere in the county. Mr. Rudi stated that they had tried to address the concerns of the surrounding property owners. Mr. Rudi stated that most of the adjacent property owners’ fences encroached on the 60-ft easements and they did not put the road there because they would have had to tear down fences. Mr. Rudi stated that they could have taken the easy way out and chose to sell off two lots a year and not have to go through the conditions of approval. They had done their best and tried not to cause problems with the neighbors.

Public Testimony:
Testimony in Support of Application: None were offered.

Testimony in Opposition of Application:

Leigh Heart
44004 Running Iron Road, Baker City, Oregon 97814
Mr. Heart stated that his testimony was not really for or against, that it had to do with the details. Mr. Heart stated that his concerns specifically had to do with Running Iron Road. According to the report, access was by Running Iron Road and saw that criterion had been met but was not listed as a condition of approval--yet the road had been altered dramatically by the applicant. The applicant stated that the County had asked for it to be changed, however the County’s document made no reference to make a change to Running Iron Road. Mr. Heart took exception that the applicant had stated that he tried to make people happy when every land owner in that area did not want that road altered and it had been so considerably—widened, straightened, the removal of native vegetation, a number of trees were cut down, shrubs, the road was dustier, noisier and difficult to walk on with large gravel. The traffic had sped up considerably. Mr. Heart also commented on Section 1009.04 (e) that deal with electricity to the parcels. Mr. Heart stated that he had been in contact with OTEC, the Planning Commission, Mr. Rudi and the Road Department. Mr. Heart stated that the power poles originally came across his property and for some reason they were supposed to be moved over, and then they decided to put the lines underground. The manner in which it was done was not right. His property had been torn up and was never restored. He assumed it was within the applicants right, but the manner in which it was done was not right. Timber that was cut down were never given to him including power poles that were deeded to him by OTEC. Mr. Heart also pointed out with the addition of more residents that it would create a real dangerous traffic situation where the mailboxes were. Mr. Heart stated that he assumed the reason for the widening of the road was to make it a county road and maybe the mailboxes could be moved to be in front of the houses. Mr. Heart stated that he would be in favor of it being a county road if access could go to Pine Creek. Mr. Heart stated that he was also in favor of the shielded outdoor lighting and would like the county to make all outdoor lighting shielded. Mr. Heart added that he had heard there were efforts to change the status of the helicopter business in this neighborhood. He stated that he was opposed to those efforts. He lived next to the business and he was not bothered by it. Mr. Heart requested that he be on record as to his request that the name be changed from Running Iron Road to Running Rudi Road as the change in the road dishonored the memory of Bill Kesley.

Carol Morrison
43932 Running Iron Road, Baker City, Oregon 97814.
Ms. Morrison read a letter. She stated that she had no problem with Mr. Rudi or anyone else developing property as long as it met the requirements. Ms. Morrison stated that her concern was with how Baker County conducted business and did not believe that the County was enforcing its ordinances, codes and laws fairly and equally. Ms. Morrison stated that she and her husband had just built a house and had some issues with the permit process. Ms. Morrison also questioned why all of the adjoining landowners were not notified of the hearing. Ms. Morrison requested clarification on how you could hold a hearing on something that had already been done. Roads, power, etc had already been put in. The ditch was relocated to where it was directly in the sun. The previous location had shade and trees, now it did not. Pine creek had been listed as a waterway that could potentially contain bull trout. During relocation of the streambed, a pond, which was indirectly supplied from the original area due to infiltration, the pond had potentially contained the bull trout. During the development of the road, they used the pond for road compaction and dust control. The pond had been pumped so low that the fish could not survive. Ms. Morrison added that before construction started, she had a meeting with the minority owner who stated that once the development was constructed, they would stop her neighbor from flying his helicopter. In May of 2003, Mr. McCarty, the helicopter owner, had received a letter from the Planning Department indicating that he was in violation of the subdivision and zoning ordinance. However in October of 2002, the Planning Department had issued Mr. McCarty an approval for the expansion of a facility to store his helicopter. Ms. Morrison stated that she wanted to go on record that she was a neighbor of the McCarty’s and did not have a problem with the helicopters going in and out of the area.



Bob Kowing
13816 Red Fox Lane, Baker City, Oregon 97814
Mr. Kowing stated that he had no objection to the subdivision as it sounded like they had done their homework, however, he wanted to go on record as going against any curtailment of the helicopter business. Mr. Kowing stated that he also liked the idea of shielding all outdoor lighting.

David McCarty
14178 BenDier Lane, Baker City, Oregon 97814
Mr. McCarty stated that he had no problem with the subdivision going in however there were concerns about the amount of traffic that was turning before Running Iron Road and coming by his house. Mr. McCarty stated that he had already had one hound ran over. Mr. McCarty stated that he was also concerned with the increase of the number of homes and the wells that were going in. This was the first summer that his well pumped mud. The droughts aren’t good, but the more wells that go in, they will have to take water from some where.

Doug Schrade
44001 Running Iron Road, Baker City, Oregon 97814
Mr. Schrade stated that he was going to miss his country lane that had become a boulevard and did not see why a road could not be put in from Pine Creek and suggested that it be looked into to ease the traffic and to move some of the mailboxes to the other side of the road. Mr. Schrade stated that he did not have anything against the helicopter either. Mr. Schrade commented that he did not like the looks of his road anymore.

Ed Payton
43956 Old Wingville Road, Baker City, Oregon 97814
Mr. Payton stated that he was one of the Cartmill water users and wanted to nit-pick on the following: on page 5 of the staff report, bottom paragraph stated that the restriction shall also prohibit fences unless gates are wide enough….on one side, and he wanted it to read on both sides, and that maintenance should be on all structures within or over the ditch.

Karen Haines
43934 Running Iron Road, Baker City, Oregon 97814
Ms. Haines stated that the nature of Running Iron Road had changed and traffic had sped up, however she was opposed to extending the road, as there was concern that the traffic and speed would increase. Ms. Haines also stated that she was not opposed to the helicopter or any other businesses out there.

Carol Morrison
43932 Running Iron Road, Baker City, Oregon 97814.
Ms. Morrison added that since people were nitpicking, that on page 3 it stated that the applicant was going to call the road, which she lived on, Michael Lane. Ms. Morrison stated that before she built her house she had asked Mr. Rudi if he was going to put in a subdivision and he had said no. They built their house and had to put in a road. Mr. Rudi has built off of that road and now wants to call it Michael Lane. She does not want to live on Michael Lane; she wants to be on Running Iron Road.

Rebuttal Testimony from Applicant:
Mr. Rudi stated that he was not sure where to start. In regards to Mr. Heart’s statements, everything that was done out there was not his insistence as everything had cost money. The original Planning Commission meeting required them to improve Running Iron Road. As far as the issue on the power lines, it was not his decision to move the power lines, but the Roadmaster had asked him to do it because of problems with snow removal. Mr. Rudi stated that OTEC felt that it would be better to put the lines underground. Mr. Rudi stated that he did not believe that anyone could not see that the road was beautiful. He tried to keep the road in the same place as it was. He could have put the road totally on Mr. Heart’s side, as there was a 60-foot easement in place. Mr. Rudi stated that in regards to Ms. Morrison’s comments, that the subdivision was well under way when he talked to Bruce Morrison and he was aware of that when he put the road in. As far as the pond in the southwest corner, it subs in totally. The Rudi’s have owned the property on and off since the 70’s and during this time of year it did get low and pumping had no affect on it. Whatever fish were in there, were planted by him many years ago.

Commissioner Warner asked for clarification on the uses on RR5. Mr. Bennett stated that RR5 stood for the Rural Residential zone section 303 of the Baker County Zoning Ordinance. Outright or permitted uses were listed as follows: single family dwellings, two family dwellings or a duplex, farm use, parks, distribution utility facilities and temporary family hardship mobile homes. Conditional uses (once approved): home occupations, churches, public or private schools, government, non-profits, subdivisions, etc. Commissioner Warner wanted to address the question on how this was going before the Board of Commissioners when a lot of the work had been done already. Mr. Bennett stated that as far as not being notified of the public hearing, that the notices were sent to addresses listed on the tax rolls and Ms. Morrison’s address was listed in Kennewick, Washington. As far development of the land, Baker County does not require earth-moving permits. You can move as much dirt as you want, but you can’t start construction. Power and electrical are not governed by the county zoning ordinance. As far the permitting problems that the Morrison’s had, the building official is under contract with the City of Baker City. In regards to the movement of the Cartmill Ditch, it was done with the approval of the Oregon State Water Resources Department. The sumps and ponds are not required to have a minimal size, so they could drain them right down to the rock, and there had not been any permits required by ODFW in regards to the Bull Trout and the ditch. Mr. Bennett reminded the Commissioners that the focus should be on the site and the approval of the subdivision. Commissioner Warner questioned if there were any provisions in the conditions of approval on the mailboxes. Mr. Bennett stated that mailboxes were regulated by the US Postal Service and the Road Department. Mr. Bennett stated that he would contact the Roadmaster and would look into options to move them. Mr. Bennett also mentioned that in regards to the requests of roads and connectivity, that the County would be putting together a Transportation System Plan and encouraged everyone to participate. Commissioner Kerns clarified that it was all private roads from Ben Dier, including Running Iron Road and that the Planning Commission and Road Department had made recommendations as to what the standards of the roads needed to be. Mr. Bennett stated that that was correct and was being enforced because they had heard there were life safety issues on many of the roads primarily from the Baker Rural Fire Department as they could not get their fire apparatus out there.

Commissioner Warner asked for additional public comment, and none were given.

Commissioner Kerns questioned that when the area was zoned RR5, as the area developed, the owners of the property retained easements and any easement that had been done out there had been done on the easements and legally. Mr. Bennett stated that when there was platting done, they were right on the section line between Mr. Heart and Mr. Schrade’s parcels and there was actually a 90ft road easement. Two 60 foot easements that overlapped each other. Mr. Bennett stated that it was wise to remember that when you buy a parcel with an easement on it, you really do not have the utilization of what that easement encompasses.

Commissioner Warner questioned domestic wells being addressed in the zoning ordinance. Mr. Bennett stated that groundwater had been a concern but was not regulated yet by either the Planning Department or the Watermasters Office.

Sharon Rudi
17667 Deer Park Loop, Baker City, Oregon 97814
Ms. Rudi stated that when a person buys a piece of property, and gets a loan, the bank will required that the domestic well provides at least 6 gallons of water/minute, essentially providing some sort of regulation.

Karen Haines
43934 Running Iron Road, Baker City, Oregon 97814
Ms. Haines stated that she was not opposed to the development.

Commissioner Warner closed the public testimony at 10:37 a.m.

Commissioner Warner thanked Mr. Bennett for his work and the public for their testimony. Commissioner Warner stated that Baker County needed to have a Transportation System Plan and the reason why it did not yet was due largely to the Pine Creek/BenDier area as it was very complex. The Commission will be focused on completing a Transportation System Plan. Commissioner Warner stated that he was generally in favor of the subdivision as presented. Mr. Bennett stated that if the Board of Commissioner’s denied the subdivision, it could be appealed to Land Use Board of Appeals. If the Board of Commissioner’s approved it, it could also be appealed by testimony given today. The Board of Commissioners could also remand it back to the Planning Commission directing them to areas that needed to be revised. If approved and no appeals, the final plat would be prepared and reviewed by the Surveyor, Assessor, Treasurer, Planning Director and the Commission Chair to make sure all conditions were met.

Commissioner Kerns requested that Mr. Bennett expand on the comments on the helicopter business. Mr. Bennett stated that the helicopter issue was not related to the issue of the subdivision, they were just in the same neighborhood. The helicopter issue was being worked on through staff to bring it to a resolution.

Commissioner Kerns stated that the process appeared to have been very thoroughly done and parameters had been met and therefore was inclined to approve the subdivision.

Mr. Bennett requested that the Board of Commissioners adopt the findings and conclusions as amended by Mr. Payton.

Commissioner Warner moved to adopt Order No. 2003-190, in the matter of Sub-02-01 to allow a subdivision on property in the RR-5 zone and designated as Tax Lot 600 in Section 30, Township 8 South, Range 39 East, W.M., Baker County, Oregon. Commissioner Kerns seconded the motion. Commissioner Warner questioned if applicant Mr. Joe Rudi understood the conditions of the approval. Mr. Rudi stated that he did. Commissioner Kerns clarified the amendments that were to be made per Mr. Payton. Motion carried. Commissioner Stiff abstained due to conflict of interest.

Commissioner Warner closed the public hearing at 10:50 a.m.

Proclamation: Domestic Violence Awareness Month: Mr. Stacey Jones, Director of May Day, was present before the Board of Commissioners. Commissioner Warner read the proclamation. Commissioner Stiff moved to proclaim October 2003 as Domestic Violence Awareness Month. Commissioner Kerns seconded the motion. Motion carried unanimously.

Title III Funds: Sheriff Troy Hale was present before the Board of Commissioners. Sheriff Hale had submitted a letter of request to fund the Baker County Search and Rescue request for equipment to be used on Forest Lands. Commissioner Kerns moved to authorize the transfer of $12,310 from the Title III funds to the Search and Rescue fund for the purchase of a portable repeater, a small generator, several GPS units, rope rescue system equipment, harnesses for helicopter extraction and reimbursement for a man tracking class. Commissioner Stiff seconded the motion. Discussion: Commissioner Warner clarified that the Sheriff’s Office would be documenting all purchases using Title III funding very closely. Sheriff Hale stated that it would be no problem as it was in its own fund. Motion carried unanimously.

Housing Rehabilitation Block Grant: Mary Jo Carpenter of Community Connections of Baker City and Margaret Davidson from Community Connections of La Grande were present before the Board of Commissioners. Commissioner Warner stated that he and Ms. Davidson had a discussion about Baker County applying for a Housing Rehabilitation Grant. Ms. Davidson stated that she was the executive director for the four counties and had been hired by both Union and Wallowa counties to prepare grants of this nature. If the County received the grant, the County would then go through an RFP process to select a non-profit agency to administer the grant. The grant is used to make 0% interest loans for people with certain levels of income to improve their homes. Ms. Davidson stated that once the house was sold, or changed hands, that the money would be paid back at that time into a revolving loan fund. Ms. Davidson stated that typically counties that had received the grant established a loan committee to distribute the funds which ran around $300-500,000. Commissioner Stiff questioned if NEOEDD could prepare the grant. Ms. Davidson stated that NEOEDD could do it, however Community Connections had prepared them in the past and had a lot of contact with clients that would qualify for the loans. Ms. Davidson questioned if the Commission was interested in applying this year. Commissioner Kerns questioned why the grants submitted by Union and Wallowa Counties were not successful. Ms. Davidson stated that she was not surprised that Union County did not get one as they currently had an active grant with the Oregon Housing and Community Services, and as far as Wallowa County, it was between Wallowa and Morrow, and Morrow won due to a higher population. Commissioner Warner stated that he was in favor of applying for the grant, as there was a demonstrated need in Baker County. Commissioner Stiff stated that he had heard about the program, and believed that the County needed to pursue it. Commissioner Warner moved to allocate $500 to pay Community Connections of Northeast Oregon to begin on the Housing Rehabilitation Grant. Commissioner Stiff seconded the motion. Motion carried unanimously.

Discretionary Transportation Funds: Mary Jo Carpenter, member of the Transportation/Traffic Safety Commission was present before the Board of Commissioners. Ms. Carpenter stated that she was not a voting member when the Transportation/Traffic Safety Commission had met to recommend what projects to fund. Ms. Carpenter stated that there had been four applications received: two from Community Connections and two from Step Forward. Ms. Carpenter stated that Community Connections was asking for a replacement vehicle totaling $54,249 and to look at a new approach to obtaining operating funds. Their intention was to create a special transportation discretionary fund in the amount of $32,000 with the County. The grant would actually be pass through funds to cover rides within the County. Ms. Carpenter stated that she believed Community Connections would have a better chance at getting more funding by having the special transportation discretionary fund. Ms. Carpenter stated that the Committee had recommended approving the two applications with Community Connections. Ms. Carpenter stated that as far as Step Forward’s applications, one was for $24,000 for capitalized maintenance and the other was for a box van to transport items. Ms. Carpenter stated that the Committee had only recommended approving the application for capitalized maintenance and did not recommend either way on the second application. Ms. Carpenter added that the Committee was hesitant to make a recommendation either way on the second one because they were not sure that it fell within the grant specifications. Commissioner Warner moved to approve the applications from Community Connections for the 2003-05 biennium. Commissioner Stiff seconded the motion. Motion carried unanimously.

Discussion was held on the fact that Step Forward’s applications had Step Forward as the applicant, not Baker County and that the County would not be able to sign off on them. Commissioner Warner stated that he was inclined to follow the recommendations of the Transportation/Traffic Safety Commission. Consensus was reached that Commissioner Warner would contact Gene Button, Director of Step Forward to clarify who the applicant should be.

Documents to be Signed:
Resolution 2003-1045: Transfer of Funds per the 2003-2004 Budget. Commissioner Warner stated that it was the monthly transfer of $13,550 from CCF to the Health Department. Commissioner Stiff moved to accept Resolution 2003-1045. Commissioner Kerns seconded the motion. Motion carried unanimously.

Resolution 2003-1046: Appropriation Transfer within the Non-departmental Department of the Tri-County Weed Fund. Commissioner Warner stated that the resolution would acknowledge an additional $90,000 in pass through revenue from the BLM and $20,000 in grants from OSWB/ODA. Commissioner Warner stated that the reason for Baker County getting the pass through funds was due to the fact that Baker County did not charge an administrative fee. Commissioner Warner stated that he would visit with other counties in regards to their administrative fees and would possibly revisit the issue. Commissioner Stiff moved to approve Resolution 2003-1046. Commissioner Warner seconded the motion. Motion carried unanimously.

Appointing Members to the Board of Property Tax Appeals: Karen Phillips, Deputy Clerk, had submitted a letter of request to appoint the following individuals to the Board of Property Tax Appeals: Carl Stiff, Howard Britton, Frank Spriet, and Tim Kerns as alternate. Commissioner Warner moved to approve Order No. 2003-189 appointing Commissioner Stiff to serve on BOPTA. Commissioner Kerns seconded the motion. Commissioner Stiff recused himself. Motion carried. Commissioner Stiff moved to approve Order No. 2003-187 and 188 appointing Howard Britton and Frank Spriet respectively to BOPTA. Commissioner Warner seconded the motion. Motion carried unanimously. Commissioner Warner moved to approve Order No. 2003-189 appointing Commissioner Kerns to serve on BOPTA. Commissioner Stiff seconded the motion. Commissioner Kerns recused himself. Motion carried.

Petition for Speed Reduction on Fish Lake: Roadmaster Ken Helgerson was present before the Board of Commissioners. Roadmaster Helgerson stated that he had received phones calls from Kim Rowen and Sandra Marteney. Both were concerned about the speed of traffic on Fish Lake Road. Roadmaster Helgerson requested that Ms. Rollin send a formal letter explaining the issues. The letter was received, as was a petition. Roadmaster Helgerson stated that the basic rule on a county road was 55mph. Unfortunately, counties did not have jurisdiction to set speed limits on county roads; they have to go through the Oregon Department of Transportation. You can request that a speed study be done by the Oregon Department of Transportation and they can come up with an average speed. If valid, the speed on that road could be reduced by 10 mph. Additional reduction would have to go before the state board. Roadmaster Helgerson requested permission from the Board to proceed with a speed index study on Fish Lake Road. Commissioner Warner stated that the section of road in question was residential and believed that it should be done. Commissioner Warner moved to petition ODOT to do a speed study on Fish Lake Road from the Cornucopia Highway north to the Fish Lake Road Pine Creek Bridge. Commissioner Stiff seconded the motion. Motion carried unanimously.

Documents to be Signed:
Appointing Members to Commission on Children and Families: A staff report had been received by Ms. Judy Barzee, Assistant Director of CCF, requesting that Janey-Rae Collins be appointed to serve as a youth member and that Kelly Ureel be reappointed to serve as a lay member. Commissioner Stiff moved to accept the appointments. Commissioner Kerns seconded the motion. Motion carried unanimously.

Additions to the Agenda
Rescinding the Burning Ban: Executive Assistant Robin Nudd stated that the it had been requested by Emergency Manager Mark Bennett that the County lift the burn ban in conjunction with the Oregon Department of Forestry. Commissioner Kerns moved to rescind Baker County’s burn ban on all unprotected land. Commissioner Stiff seconded the motion. Motion carried unanimously.

Ratification of Documents:
Agreement with Schindler Elevator Corporation: Commissioner Warner stated that OSSHA was requiring that a door restrictor be placed on our elevator. Facilities/Maintenance Director, Gary Smith did not go out to bid as the amount was for $1,575.00 and Schindler Elevator Corporation had performed work for the County in the past. Commissioner Stiff moved to ratify the agreement with Schindler Elevator Corporation. Commissioner Kerns seconded the motion. Motion carried unanimously.

Discussion Topics:
November 19th Commission Session: Commissioner Warner stated that this session would fall on the same week as the Association of Oregon Counties Conference. Commissioners’ Warner and Stiff would be gone. Consensus was reached to cancel the November 19th session.

Calendar Comparison:
Oct. 17th: Workforce Investment Board Meeting
Oct. 20th: Solid Waste Advisory Committee Meeting
Oct. 22nd: Prison Advisory Meeting
Oct. 23rd: LCDC on the Snake River
Oct. 24th: AOC District Meeting
Oct. 25th: Red Cross Walk-A-Thon
Oct.29th: Anthony Lakes Highway Inspection, City/County Meeting
Nov. 3rd: Baker/Morrow Regional Partnership Meeting
Nov. 5th: Commission Session
Nov. 7th: Eastern Oregon Forum Ag. Conference

Commission Session was adjourned at 12:55 p.m.

Respectfully submitted,


Robin Nudd, Executive Session
Baker County Board of Commissioners