Board of Commission Meeting, May 3, 2000 Page 1
COUNTY COMMISSIONER CHAIR, BRIAN D. COLE
COUNTY COMMISSIONER HOWARD C. BRITTON
COUNTY COMMISSIONER PAUL YORK
BAKER COUNTY BOARD OF COMMISSIONERS
May 3, 2000
The Baker County Board of Commissioners met for the May 3, 2000 Commission Session. Present were Commission Chair Brian D. Cole, Commissioner Howard Britton, and Commissioner Paul York.
Approval of Minutes: Minutes for the April 25, 2000 Session and the April 25, 2000 Public Hearing were available. Commissioner Cole stated that on page 2 of the Session minutes, under Development of strategic vision for re-licensing process, the first sentence should read, ACommissioner Cole mentioned that Mike Nelson met with Idaho Power executives@. On page 4 at the top, under Contracts for Community Services Building and Armory, the word Aowners@ should have apostrophe afterward. Commissioner Cole indicated that his name was spelled incorrectly in the first paragraph of the Public Hearing minutes. Commissioner Cole moved to approve the April 25, 2000 minutes for both the regular session and the public hearing. Commissioner York seconded the motion. Motion carried unanimously.
Addition to Agenda:
B Commissions and Committees the Commissioners are assigned
Student Government Day: Commissioner Cole talked to the students representing Baker City, Huntington, and Pine Eagle high schools. He explained how he first became interested in politics. Commissioner Britton asked the students to introduce themselves and tell the Commissioners what they expect to get out of Student Government Day. The majority of the students wanted to find out how the County works and what it does. Commissioner Cole explained that the County is involved in many different things. The County has many services and activities outside the eight cities. Commissioner Cole read and signed the Proclamation designating May 3, 2000 as County Youth Government Day.
Leroy Merrick of Baker Elks Lodge No. 338, thanked the Commissioners, the County Department Heads, and the schools for their support.
Announcement: Commissioner Britton stated that the Watershed Council will meet on May 16, 2000, at the Lions Club in Halfway. They will discuss the Pine Creek Basin Watershed Assessment.
The meeting will be from 5:00 p.m. to 8:00 p.m. The Watershed Council is looking for public input.
Announcement: Commissioner Cole stated that the next Mayor=s Council will be held in Oxbow on May 18 and 19, 2000. The meeting will be at the school house. Idaho Power will then host the group on a tour of their facilities.
Public Hearing - Appeal Minor Partition AP 99-02 and Site Plan AP 99-03: Commissioner Cole read Section 1104.03 (b) of the Baker County Zoning and Subdivision Ordinance. He then opened the Public Hearing and asked for Staff Report. It was decided that the appeals would be heard consecutively.
Grant Young represented the Planning Department. He asked the Commissioners if they had any questions regarding AP 99-02. Commissioner Britton was concerned about some typos in the document. Exhibits numbered and lettered. Mr. Young talked about the appeal. He read the summary to the Commissioners.
Commissioner Cole stated they would ask for one representative from the applicant and appellant to make testimony. He stated the Commissioners would first hear AP 99-02, Appeal of the Minor Partition.
Attorney Mark Tipperman represented appellant Larry Manning. Mr. Tipperman presented testimony to the Commissioners. The main concerns with the Minor Partition are:
1. Existing violations
2. Drainage
3. Operable well
4. Sanitary sewage
Mr. Tipperman believes both the Minor Partition and the Site Plan should be remanded.
Hanley Jenkins represented TMMSA. He stated the Staff Report was well prepared. Mr. Jenkins presented his testimony to the Commissioners. He addressed the concerns raised by the appellant.
1. Existing violations - Will resolve through application process that would correct the violations.
2. Drainage - A plan is necessary for the site plan, but not the minor partition.
3. Operable well - The Planning Commission addressed that a well is on the property.
4. Sanitary sewage - TMMSA is proposing the use of portable facilities at this time.
Mr. Jenkins stated that he would like a decision made and not to have the minor partition remanded.
Commissioner York moved to accept the staff recommendation and deny the Appeal AP 99-02 Minor Partition. Commissioner Britton seconded the motion. Commissioner York believes any concerns will be addressed with the Site Plan. Commissioner Britton believes this is the proper way to deal with the zoning violation. He agrees that the additional concerns should be addressed through the Site Plan. Commissioner Britton doesn=t agree with putting the motor sports out there, however his concern is more a principle than procedural problem. Bill Searles stated the Commissioners need to decide what findings they will rely on to adopt the Planning Commissions conclusions. Commissioner York amended his motion to include findings and facts, with an order signed out of court. Commissioner Britton seconded the amended motion. Motion carried unanimously.
AP 99-03, Appeal of Site Plan. Both applicant and appellant stated they would like to remand AP 99-03 back to the Planning Commission. Bill Searles stated the planning department is in agreement with the applicant and appellant. Commissioner Britton moved to remand AP 99-03 back to the Planning Commission for a complete review, and order to be signed out of court. Commissioner York seconded the motion. Motion carried unanimously.
Commissioner Cole closed the public hearing for AP 99-02 and AP 99-03.
Public Hearing - Comprehensive Plan PA-00-01: Commissioner Cole opened the public hearing for the Comprehensive Plan PA-00-01. Commissioner Cole read statement regarding procedures for the hearing. He requested a Staff Report from Bill Searles.
Mr. Searles stated there are no criteria or standards in which to review the request against. The request is to codify and reformat the existing Comprehensive Plan.
Commissioner Britton would like time to review the Comprehensive Plan.
Bill Searles requested that it be adopted as soon as possible. He has not received comment from DLCD. Mr. Searles stated that changes are not being made. He is taking the information available and making it easier to read.
Commissioner Cole asked for public input. Additional information was not received. Commissioner Cole closed the public hearing. Approval for the Comprehensive Plan is scheduled for the May 17, 2000 session at 2:30 p.m.
Fairgrounds Task Force Business Plan: Commissioner Cole stated the discussion will be tabled until the May 17, 2000 session. The final plan has not been received. He would like to visit with Eric Hovee prior to the discussion.
Documents to be Signed:
Order 2000-142: Appointing a Member to the Northeast Oregon Economic Development Board for Elaine Kohrman. Commissioner Britton stated he believes she is on the Budget Committee and not the full board. The Executive Assistant will check to verify. Commissioner Cole moved to approve Order 2000-142, Appointing Elaine Kohrman to the Northeast Oregon Economic Development Budget Board. Commissioner York seconded the motion. Motion carried unanimously.
Contract for Patrick Smith: Sarah Johnston had previously spoken with Commissioners Britton and York. They looked at the benefits of temporary employee versus contract employee. Commissioner York asked if rate of pay would be what was originally agreed on. He also wanted to know the length of arrangement. Debbie Hoopes stated that salary will be what was agreed on by the Commissioners previously. That amount allows Mr. Smith to pick up COBRA benefits from the State. Mrs. Hoopes stated that Patrick Smith will be temporary until the position is advertized and filled.
Addition to Agenda:
Committees and Commissions: Commissioner Cole wanted to update the listing of the Committees and Commissions the Commissioners are assigned to attend. Would like to discuss this at the Work Session scheduled for May 10, 2000. Commissioner Britton agreed that it should be reviewed every year.
Documents to be Signed:
Agreement with New Directions Northwest for Nursing Services: New Directions Northwest will pay $400.00 a month for nursing services received. Commissioner Britton moved to approve the Agreement with New Directions Northwest. Commissioner York seconded the motion. Motion carried unanimously.
Resolution 2000-1027, Contingency Transfer, Non-Departmental County Health Fund: A Contingency Transfer of $4,631 to the County Health Fund. Patrick Smith stated the amount is the settlement from the arbitration. Commissioner York moved to approve Resolution 2000-1027. Commissioner Cole seconded the motion. Motion carried unanimously.
Comparing Calenders:
May 4, 2000 TEC Budget meeting. Commissioner Cole will attend.
May 5, 2000 Mental Health at 12:00 p.m. Commissioner Britton will attend.
May 8, 2000 Baker/Morrow Regional Partnership meeting at the Baker Hotel from 1-5 p.m.
Commissioner Cole will attend.
May 10, 2000 Budget Deliberations at 9:00 a.m.
Work session to follow Budget Deliberations.
May 12, 2000 NEOHA in Enterprise. Commissioner York will attend.
Interviews for TEC Executive Director at the Sunridge. Commissioner Cole will participate.
May 16, 2000 Mental Health Budget. Commissioner Britton will attend.
May 17, 2000 Commission Session
BMCC at 3:00 p.m.
National Guard Armory at 4:00 p.m.
Oregon Hunters Association at 7:00 p.m., VFW
May 24, 2000 Haines City Council at 10:00
Would like to start at 9:00 a.m. Executive Assistant will check to see if time can be moved.
Road Department, Dust Abatement: Ken Helgerson stated that in 1997 the Commissioners signed a resolution regarding dust abatement. He stated the calls are coming in regarding the abatement process. The Road Department will require residents to sign for any type of dust abatement. In the past, they have signed for strictly residual oil or DO4 products. The applicant will put the signs out and the Road Department will pick them up. Dust Abatement Inc. out of Boise will be the vendor. Ken Helgerson stated DO4 is not available this year. PS300 is available and the Road Department has not received complaints regarding its use previously. The cost to the property owner will be $63.00 per hundred feet. The Road Department will send the applications to the applicator. The company will take on the liability. The Road Department will send out a press release regarding the new process.
Document to be Signed:
Order 2000-144, Expenditure of Funds on Archery Road: Ken Helgerson stated that everything looked fine on April 26, 2000. He drove the road to Stub Mine Road. Archery Road is 2.7 miles long. Mr. Helgerson stated the Forest Service has re-built two miles of it. He stated there is 300 feet of road that is muddy. He would like to keep logging trucks and vehicles on the right-of-way. Ken Helgerson would like to gravel the 300 foot section. It would only take 2 day. Mr. Helgerson is trying to get Boise Cascade to provide the gravel and the Road Department would do the work. Commissioner Cole moved to approve Order 2000-144, In the matter of Authorizing an Expenditure to Perform Minor Maintenance Work on the Archery Range Road. Commissioner York seconded the motion. Motion carried unanimously.
Approval of Local Advisory Committee - Water Quality: Vicky Wares and Tim Kerns appeared before the Commissioners. Mr. Kerns stated he needed the Commissioners= signature supporting their nominations for the committee. The list will be submitted to the Department of Agriculture. The Department of Agriculture will select the committee. Commissioner Britton moved to recommend the list be appointed to the Baker County 1010 Local Advisory Board. Commissioner York seconded the motion. Motion carried unanimously.
Cam Credit & Medical in Jail: Warren Thompson appeared before the commissioners. Mr. Thompson stated he has checked with other counties and they are using their County Counsel or a Collections Agency to collect money incurred with medical and medication in the Jail. He has checked with several collections organizations. He has found that overall, Cam Credits is asking for the lowest percentage. Warren Thompson can=t see that a lot will be recovered, but some may. Mr. Thompson also indicated with a local agency there is more of a knowledge of the people involved. Commissioner Cole moved to enter into arrangement with Cam Credits for medical billings in the Jail. Commissioner Britton seconded the motion. Motion carried unanimously.
Discussion Topics:
Home Rule Counties: Commissioner York discussed an article on Home Rule Counties. The article states that surveys were mailed to all counties in the state. AOC will be contacted regarding the surveys.
Douglas Fir & Tussock Moth: Commissioner Cole stated that Nick Greer will give a presentation May 17, 2000 at 10:30 a.m.
Predator Control: Commissioner Britton stated a bill was received from Sundance Helicopters Inc. for $1,500. Predator Control is over budget at this time. He asked if it should be paid. Could be paid out of Contingency. Commissioner Britton said he has asked Sundance if this is the last of the bills to be submitted. He has not heard back from them.
Commissioner Cole asked if all funds budgeted for Predator Control have been spent on Sundance Helicopters Inc.
Patrick Smith checked to see if all funds were paid to the one vendor. He stated all but $1000 has been paid to Sundance Helicopters Inc.
Commissioner Britton stated that Sundance was aware the budget line was $5000.
Patrick Smith will send them a letter along with the bill.
Friends of Brownlee on Re-licensing: Mike Nelson thanked the Commissioners for allowing the Friends of Brownlee to appear before them. He stated the Friends of Brownlee is now 2000 plus members strong. They are very concerned with the Idaho Power Re-licensing. It is extremely important. Mr. Nelson urged the Commissioners to give the issue as much attention as possible. He asked the Commissioners to review the resolution submitted and to take action on it.
Commissioner Cole will have County Counsel put the two page letter, submitted by Friends of Brownlee, into a resolution format for the Commissioners to review at a later date. Commissioner Cole asked about statement in paragraph 4 of the second page. It is asking the County to file a legal appeal, calling for a re-opening.
Mike Nelson stated it was suggested to the Friends of Brownlee to request a re-opening of the recreational usage part of the license.
Commissioner Cole advised Mike Nelson and the Friends of Brownlee of a Public Hearing on the Re-licensing Process scheduled for May 17, 2000 at 1:30 p.m.
Extending Timber Harvest: Sarah Johnston stated Lane Parry called her regarding the extension of the timber harvest the County has with Sunset Tree Services. He would like it extended to the end of June. More time is needed. Ms. Johnston presented the amendment to the Commissioners. She asked if the Commissioners would like Mr. Parry to come before the Board in the next couple months. The Commissioners agreed it would be a good idea. Commissioner Cole moved to approve Amendment No. 3 to the Timber Harvest Agreement. Commissioner Britton seconded the motion. Motion carried unanimously.
Shang-Hai Creek/Puzzle Creek: Sarah Johnston stated the property is in holding right now. It needs a property line adjustment. Ms. Johnston talked to Hanley=s, and it will not be done soon. She suggested we get someone else to do the survey.
Commissioner Cole suggested Baker City may be able to do it.
Sarah Johnston and Patrick Smith will talk to Baker City.
Inter-Governmental Cooperation Agreement: Sarah Johnston stated the agreement is for utilization of detention space for juvenile offenders in Pendleton. Fees are $105 a day. Ms. Johnston stated the extension would extend the agreement to June 30, 2001. Commissioner York moved to approve the extension for juvenile detention costs. Commissioner Britton seconded the motion. Motion carried unanimously.
Order 2000-143, Contract for Jim Van Duyn: Commissioner Cole stated the money is with the City at this time. Sarah Johnston stated the funds need to be available in the County coffers prior to signing the contract. Ms. Johnston stated that Mr. Van Duyn is set on an amount of $2,500 per month for work done. Ms. Johnston stated she explained to Mr. Van Duyn that the contract will cover any expenses back to January 2000. Commissioner York moved to approve the contract with Jim Van Duyn, to be signed out of court. Commissioner Britton seconded the motion. Motion carried unanimously.
Facilities Update: Patrick Smith stated the results of the OSHA site inspection have been received. A bigger squirrel cage is needed and a hood on the hose to direct more air out of the building. OSHA will conduct another site inspection on May 15, 2000. Employees will be restricted to 4 to 6 hours a day cutting and moving steel.
Mr. Smith received information concerning Circuit Court. They will be getting 3 new employees by late May. The need for long term space is critical. He would like direction from the Commissioners on how to proceed. Possibly move District Attorney and Juvenile offices. Mr. Smith=s recommendation is a land exchange. The County currently holds $19 million worth of property. The Commissioners agreed that Mr. Smith should continue pursuing the land exchange.
Meeting Adjourned
Respectfully Submitted,
Judy Dunn
Executive Assistant to the Board of Commissioners