Minutes: Board of Commission Meeting, 06/29/2005 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 June 29, 2005 special session. Present were Commission Chair Fred Warner, Commissioner Tim L. Kerns and Commissioner Carl E. Stiff.
Citizens' Participation: None.
Review/Approval of Minutes:Commissioner Stiff moved to approve the June 15, 2005 Commission Session minutes as presented. Commissioner Kerns seconded the motion. Motion carried unanimously.
Additions to the Agenda:
*Recognition of Terry Drever Gee and John Nelson
*Resolution 2005-1052: Appropriation Transfer to School Based Health Clinic
*Resolution 2005-1053: Completion of Jail Construction Fund
*Amend. #1 to Contract with George Houston
*Personnel Request from Treasurer/Tax Office
*Health Department Briefing
Addition to the Agenda: Health Department Briefing: Commissioner Warner announced that he had appointed Ms. Debbie Hoopes as the Health Administrator (1/4 time) temporarily. Ms. Sandy Cross was to move back as the Assistant Director and Ms. Becky Sanders had been moved into the Nurse Supervisor position for four days a week.
Documents to be Signed: Resolution 2005-1042: Unanticipated Revenue in Parole and Probation: Commissioner Warner announced that an additional $2,500 had been realized in electronic surveillance fees. Commissioner Stiff moved to approve Resolution 2005-1042. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1043: Appropriation Transfer within Various Departments of the General Fund: Commissioner Warner stated that $24,622 was being taken from contingency and transferred to various departments. Most of the transfers were being done to cover the $1,000 one time payment to employees and reclassifications. Commissioner Stiff moved to approve Resolution 2005-1043. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1044: Unanticipated Revenue in Technology Department: Commissioner Warner announced that an additional $9,800 had been realized through work done at the Health Department. The additional revenue was to be expended in the contract services line. Commissioner Stiff moved to approve Resolution 2005-1044. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1045: Unanticipated Revenue in the Economic Development Department: An additional $3,800 had been received through Transient Room Tax. The additional revenue was to be expended in personnel expenses. Commissioner Stiff moved to approve Resolution 2005-1045. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1046: Amending Resolution 2005-1034: Due to a clerical error, Resolution 2005-1034 listed the incorrect line numbers. Resolution 2005-1046 would correct the error. Commissioner Kerns moved to approve Resolution 2005-1047. Commissioner Stiff seconded the motion. Motion carried unanimously.
Resolution 2005-1047: Appropriation Transfer within Perinatal Department of the Health Department: Commissioner Warner stated that the resolution would move $100 out of the retirement fund and placed into the interpreter fund. Commissioner Stiff moved to approve Resolution 2005-1047. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1048: Unanticipated Revenue in WIC: An additional $6,937 had been realized through the WIC Oregon Health Grant. The additional revenue was to be expended in the group insurance line. Commissioner Stiff moved to approve Resolution 2005-1048. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1049: Unanticipated Revenue in CAHS Department of Health Fund: An additional $7,554 had been received through CAHS fees and the CAHS OR Health Grant. The additional revenue was to be expended through the CAHS clinic supplies line. Commissioner Stiff moved to approve Resolution 2005-1049. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1050: Unanticipated Revenue in Immunization Department of the County Health Fund: An additional $1,170 had been received through the Immunization OR Health Grant. The additional revenue was to be expended through the Health Services Manager line. Commissioner Stiff moved to approve Resolution 2005-1050. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1051: Unanticipated Revenue in Bioterrorism Fund: Commissioner Warner stated that an additional $109,582 had been received and was to be expended in personnel lines and equipment. Commissioner Stiff moved to approve Resolution 2005-1051. Commissioner Kerns seconded the motion. Motion carried unanimously.
Memorandum of Understanding (MOU) with Wallowa-Whitman Forest Service: Commissioner Warner stated that the MOU had been developed at the request of the Natural Resource Advisory Committee. The MOU stated that both parties agreed to notify each other of natural resource issues so that they could be “at the table”. Commissioner Kerns moved to enter into the MOU with the Wallowa-Whitman National Forest Service with the spelling corrections made to Wallowa. Commissioner Warner seconded the motion. Motion carried unanimously.
CCF Signature Authorization Form: The State Commission on Children and Families required a new signature authorization form each biennium. Commissioner Warner moved to sign the form. Commissioner Kerns seconded the motion. Motion carried unanimously.
Scheduled Business: Public Hearing: Exempting a Public Improvement Contract from Competitive Bidding:
Commissioner Warner stated that the hearing was being held to take public comment on exempting a public improvement contract with Anderson & Perry Engineering for work being done on Clarks Creek and Cracker Creek Bridges.
Commissioner Warner opened the hearing at 9:30 a.m.
There was no public testimony received and the hearing was closed at 9:32 a.m.
Mr. Ed Hibbard from Anderson & Perry was present and stated that the reason for the agreement was that they had adjusted their fees and ODOT was doing an audit of the fees. ODOT would not enter into any agreements with Anderson & Perry until the audit was done. In the meantime, the bridge replacement project was still occurring and payment needed to be made. Therefore, the flex agreement between the County and Anderson & Perry was needed.
Contract Review Board.
Commissioner Warner entered into Contract Review Board.
Flex Agreement with Anderson & Perry Engineering: Ms. Kathy Hogge was present and stated that the total cost of the agreement would not exceed $109,300. Ms. Hogge reported that Tom Carmen from ODOT had reviewed the rates and advised that this was the way to go. Commissioner Warner questioned what services would be received for the $109,300. Mr. Hibbard responded that Larry Rockenbrant, the project representative, would monitor the project, materials, workmanship and contractor. Mr. Rockenbrant would keep track of the schedule and percent complete. Anderson & Perry would take the information and prepare pay requests, change orders, inspections and contract closure.
Commissioner Stiff moved to enter into the Flex Agreement with Anderson & Perry and to exempt the agreement from public bidding based on the following: 1) it is unlikely that the exemption would encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts; and 2) awarding of public improvement contracts under the exemption would result in substantial cost savings to the County, considering type, cost and amount of the contract, the number of persons available to bid and other factors as may be deemed appropriate. Commissioner Kerns seconded the motion. Motion carried unanimously.
Professional Services Agreement: Investigative Services: Commissioner Warner stated that the Agreement was with Richard Forrester for $20,000. The contract was $10,000 less from the previous year. Mr. Shirtcliff and Ms. Barzee were working on funding the difference through CAMI funds. Commissioner Kerns moved to approve the Agreement with Richard Forrester. Commissioner Stiff seconded the motion. Motion carried unanimously.
Amendment #1 to Professional Services Agreement for Health Officer: Commissioner Warner stated that the amendment would extend the original agreement for 30 days. Commissioner Warner stated that Dr. Diane Nowak had expressed interest in filling the position after July. Commissioner Kerns moved to approve Amendment #1 to the Health Officer Agreement. Commissioner Warner seconded the motion. Commissioner Stiff abstained. Motion carried.
Addendum #1 to Professional Services Agreement for Nurse Practitioner: The amendment would extend the agreement with Karen Andruss for an additional 60 days until the County was able to find a replacement. Commissioner Warner stated that the County had already been in contact with several providers. Commissioner Stiff moved to accept Addendum #1 to the Agreement with Karen Andruss. Commissioner Kerns seconded the motion. Motion carried unanimously.
Addendum #1 to Professional Services Agreement for Family Planning Physician: Commissioner Warner stated that the amendment would extend the agreement with Dr. Stiff until the end of September. Once again, the County was in the process of contacting someone to take the agreement on which covered the family planning night clinics. Commissioner Kerns moved to approve Addendum #1 to the Agreement for Family Planning Physician. Commissioner Warner seconded the motion. Commissioner Stiff abstained. Motion carried.
Extension to CaCoon Agreement: Commissioner Warner stated that a letter had been received from the State regarding new contracts being developed; however they wouldn’t be done until September. The State was asking to extend the original agreements until that time. Commissioner Stiff moved to accept the extension. Commissioner Kerns seconded the motion. Motion carried unanimously.
Professional Services Agreement for Janitorial Services: The Agreement was with Debbie Phipps for janitorial services at the Health Department at the cost of $350/month. Commissioner Stiff moved to approve the Agreement with Debbie Phipps. Commissioner Kerns seconded the motion. Motion carried unanimously.
Timber Harvest Agreement: The Agreement was with Dan Rowland Logging, Inc. for the harvest of timber on the East Pine property. Mr. Lane Parry, Baker County’s Timber Consultant, recommended that the Commissioners enter into the agreement. Commissioner Stiff moved to approve the Agreement with Dan Rowland Logging, Inc. Commissioner Kerns seconded the motion. Motion carried unanimously.
Amendment #1 to Facility Grant Agreement for Floating Restroom: Commissioner Warner stated that the project was not complete and a request to extend the timeline had been made. Commissioner Kerns moved to accept Amendment #1 to the Facility Grant for the floating restroom. Commissioner Stiff seconded the motion. Motion carried unanimously.
Addendum #1 to Lease Agreement with Warnock Ranches: Commissioner Warner stated that the addendum would extend the current lease for one year. The ground being leased was on the dredge tailings. Commissioner Stiff moved to accept the extension. Commissioner Kerns seconded the motion. Motion carried unanimously.
Professional Services Agreement for Domestic Relations Mediator: Commissioner Warner stated that the mediators work with Circuit Court and are paid $80/hour up to four hours. Mr. John Davis had been providing these services over the years. Commissioner Stiff moved to approve the Agreement with John Davis. Commissioner Kerns seconded the motion. Motion carried unanimously.
Professional Services Agreement for Domestic Relations Mediator: Commissioner Warner stated that this agreement was identical to the previous one, however it would be with Mr. John Carey. Commissioner Kerns moved to approve the Agreement with John Carey. Commissioner Stiff seconded the motion. Motion carried unanimously.
Juvenile Crime Prevention Services Intergovernmental Agreement #10082: Commissioner Warner stated that the agreement was with the State for $86,342 over the next two years. The funds would be used to support the youth accountability officer. Commissioner Stiff moved to approve the Juvenile Crime Prevention Services Agreement #10082. Commissioner Kerns seconded the motion. Motion carried unanimously.
Professional Services Agreement for Indigent Defense: Commissioner Kerns stated that he was okay with the new contract amount and would like to revisit it next year. Commissioner Warner moved to accept the Agreement with Mr. Ken Bardizian for $73,950. Commissioner Kerns seconded the motion. Motion carried unanimously.
Marine Board Contract with Sheriff's Department: Commissioner Warner stated that the contract was renewed on a yearly basis. The previous year it had been $52,182. This year the amount was $53,290. The funds were used to provide marine patrol throughout Baker County. Commissioner Kerns moved to approve the contract with the State Marine Board. Commissioner Stiff seconded the motion. Motion carried unanimously.
Commissioner Warner moved out of Contract Review Board.
Public Hearing: Ordinance 2005-02: GIS Recording Fee: Commissioner Warner stated that it was the first reading of the ordinance and the final one would be held on July 13th. Commissioner Warner read the Ordinance into the record. The ordinance would establish a $5.00 additional fee on all recordings with the exception of liens. Commissioner Kerns questioned why liens were exempt. Commissioner Warner stated that Clerk Green would be invited to give details at the final public hearing.
Commissioner Warner opened the public hearing at 10:17 a.m.
There was no public comment offered and Commissioner Warner closed the public hearing at 10:18 a.m.
Additions to the Agenda: Resolution 2005-1052: Appropriation Transfer to School Based Health Clinic: Commissioner Warner stated that the resolution would take $4,000 out of the Health Departments contingency and would be transferred to Community Health Nurse and Assistant expenses. Commissioner Stiff moved to approve Resolution 2005-1052. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1053: Closing the Jail Construction Fund and Transferring Residual Monies to General Fund: Commissioner Warner announced that the final payment on the jail bond had been made. Over the next few years, additional funds would come in from back taxes. The resolution would allow those funds to go to the General Fund. Commissioner Kerns moved to approve Resolution 2005-1053. Commissioner Stiff seconded the motion. Motion carried unanimously.
Amendment #1 to Contract with George Houston: Commissioner Warner stated that the amendment would extend the contract from February 28, 2005 to June 30, 2005. This would allow for the completion of the bioterrorism plan. Commissioner Stiff moved to approve the amendment to the Contract with George Houston. Commissioner Kerns seconded the motion. Motion carried unanimously.
Other Business: Approval of Job Description: Appraisal/Planning Technician: Commissioner Warner stated that the position would be shared between the Assessor’s Office and the Planning Department. The employee would report to both. Once the job description was approved, the County would begin advertising. Commissioner Stiff moved to approve the job description for the Appraisal/Planning Technician. Commissioner Kerns seconded the motion. Motion carried unanimously.
Additions to the Agenda: Recognition of Terry Drever Gee: The Board of Commissioners presented Ms. Drever Gee with a certificate of appreciation for her 12 years of volunteer service on the Planning Commission.
Recognition of John Nelson: The Board of Commissioners presented a certificate of appreciation to Reserve Deputy John Nelson for his efforts and his recent award as Oregon Sheriff’s Civil Volunteer of the Year.
Scheduled Business: Public Hearing on Transportation System Plan (TSP):
Mr. Shawn Berry was present before the Board. Mr. Berry reported that Baker County had been working on the TSP for a number of years. A number of public hearings and public workshops had been held in Baker City, Sumpter, Richland and Huntington.
Mr. Berry distributed updated road standards that were to be folded into the TSP and proposed changes from the ordinance that had been approved by the Planning Commission. The final handouts were memorandums from the consultant.
Roadmaster Helgerson was present before the Board. Roadmaster Helgerson stated that the TSP was a living document that gave a 20-year view on transportation including county roads, airports, highways, pedestrian paths, waterways, RS 2477 roads, etc. Projects listed in the TSP had more merit when being considered for ODOT funding. Roadmaster Helgerson reported that item that had been somewhat contentious were the road standards, connectivity and safety. Roadmaster Helgerson believed that the plan had been worked on thoroughly and was much better than the first one. Roadmaster Helgerson’s recommendation was to approve the plan.
Mr. Berry stated that the Planning Commission had approved the plan with amendments that were being presented.
Mr. Berry went through Ordinance 2005-04. Mr. Berry went over some key points in the plan including the bicycle plan, the review of standards by the Road Department and requirements for large developments.
Commissioner Warner clarified that if adopted, Chapter 340 would fold into the Baker County Zoning and Subdivision Ordinance. Mr. Berry stated that that was correct.
Ms. Terry Drever Gee was present and stated that from a Planning Commissioner’s point of view, that the plan was the best one yet. While reviewing the plan, the Planning Commission tried to recognize property owners’ rights while taking into account the County’s responsibility and safety issues. Ms. Drever Gee discussed the trigger points that had been included when bringing a road up to standards. Ms. Drever Gee recommended that the Board of Commissioners adopt the plan for safety, economic and long term issues.
Commissioner Warner opened the public hearing at 11:20 a.m.
Ms. Chary Mires and Ms. Linda Triplett, owners of property on Red Fox Lane were present and requested clarification on when and/or if a landowner would have to bring a county road up to standards if they developed their property. Roadmaster Helgerson stated that the portion of the road from the county road to the development would need to be brought up to the standards in the TSP and that the people moving to the development would have to understand that the County wouldn’t have the funding to improve the County’s portion. Mr. Berry added that the ordinance was set up so that the Roadmaster would have final say on whether or not road standards needed to be met.
Commissioner Kerns questioned if irrigation ditches were addressed in the plan. Roadmaster Helgerson stated that the Planning Department would set guidelines. Commissioner Warner stated that he would like to see the Planning Department work closely with the Watermaster’s Office when developing the guidelines. Mr. Berry stated that the irrigation ditches would be addressed in the periodic review.
Commissioner Kerns requested clarification on the standards for RS2477 roads. Commissioner Kerns was concerned that having a standard would hinder the County from claiming RS2477 roads. Roadmaster Helgerson stated that it would not hinder the County, it would just allow the County to have a standard to follow should one of those roads be improved.
Commissioner Warner questioned the first paragraph on page 326 that discussed public transit in Bend, Oregon. Consensus was reached to eliminate the last paragraph on page 325 and to remove Bend from the first paragraph on page 326. Commissioner Warner questioned why the runway numbers had to be changed. Mr. Berry responded that the FAA had changed the numbers. Commissioner Warned advised that the runway numbers should be changed on page 326 as well.
Cheryl Jarvis Smith from ODOT was present and recommended putting a section in the TSP regarding standards for signs on scenic byways. Roadmaster Helgerson stated that in order for people to place signs in the right of ways, they were required to get a permit and believed that issue was already covered in Baker County. Ms. Smith encouraged the Board of Commissioners to do a “co-op” adoption of the TSP with the small cities as well.
Commissioner Warner read Ordinance 2005-03 “ In the Matter of Adopting Text Amendments to the Baker County Zoning and Subdivision Code” and Ordinance 2005-04 “ In the Matter of Adopting the Text of the Baker County Transportation System Plan”.
Commissioner Warner closed the public hearing at 11:57 am.
Commissioner Kerns moved to approve Ordinance 2005-03. Commissioner Stiff seconded the motion. Motion carried unanimously.
Commissioner Stiff moved to approve Ordinance 2005-04, adopting the TSP, as amended. Commissioner Kerns seconded the motion. Motion carried unanimously.
Other Business: Comparison of Calendars:
June 29th: City/County Meeting
July 4th: Courthouse Closed
July 6th: WASH Committee Meeting, Powder Basin Watershed Council
July 7th: Forest Plan Revision Team Meeting
July 11th: AOC Legislative Meeting
July 13th: Commission Session
Addition to the Agenda: Personnel Request from Treasurer/Tax Office: Commissioner Warner stated that the Budget Board had moved to increase the temporary employee line in the Treasurer/Tax Office to $7,000. Treasurer Durflinger was still requesting that her ½ time employee be moved to ¾ time at a cost of $9,240. The Budget Board had discussed this request at length and had agreed that by increasing the temporary employee line, that it would allow the employee to work more during the peak times. Consensus was reached to uphold the Budget Board’s decision.
Commission Session was adjourned at 12:11 p.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners