Minutes: Board of Commission Meeting, 01/07/2004 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 January 7, 2004 Commission Session. Present were Commission Chair Fred Warner Jr., Commissioner Tim L. Kerns, and Commissioner Carl E. Stiff.
Citizen's Participation: None
Review/Approval of Minutes:Commissioner Stiff moved to approve the December 17, 2003 Commission Session minutes as presented. Commissioner Kerns seconded the motion. Motion carried unanimously.
Additions to the Agenda:
*Resolution 2004-1000: Unanticipated Revenue in Clerk’s Office
*Resolution 2004-1001: Unanticipated Revenue in Assessor’s Office
*Resolution 2004-1002: Amending Resolution 2003-1051
*Letter from Richard Haines, District Ranger, Wallowa-Whitman National Forest
Additions to the Agenda: Resolution 2004-1000: Administrative Services Director Christena Cook was present and stated that the resolution was to recognize additional revenue in election reimbursements in the amount of $4,545.71. The revenue would be placed in the Seasonal/Temp line. Commissioner Warner clarified that the reimbursement was due to the special election that had been held the previous September. Commissioner Stiff moved to approve Resolution 2004-1000. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2004-1001: Ms. Cook stated that the resolution would recognize money that had been received from the County’s insurance provider, CCIS, for an auto claim from the Assessor’s Office. The amount of the revenue was $3,728.00. Commissioner Kerns moved to approve Resolution 2004-1001. Commissioner Stiff seconded the motion. Motion carried unanimously.
Resolution 2004-1002: Ms. Cook stated that this resolution would amend Resolution 2003-1051. The original resolution was an interfund loan from the General Fund to the Jail Construction Bond. The County had not received enough in tax payments to make the jail bond payment. In the meantime, audit adjustments were being made and a journal voucher had not been done for this year. The journal voucher should have been done for $16,000 rather than $14,000. Commissioner Kerns moved to approve Resolution 2004-1002. Commissioner Stiff seconded the motion. Motion carried unanimously.
Documents to be Signed: Order No. 2004-100: Appointing Budget Officer for 2004-05. Commissioner Kerns moved to appoint Commission Chair Fred Warner Jr. Commissioner Stiff seconded the motion. Commissioner Warner abstained. Motion carried.
Order No. 2004-101: Appointing a Member to the Compensation Board: Commissioner Warner stated that one vacancy existed due to the term expiration of Suzan Ellis Jones. Ms. Jones had not only applied to serve on the Compensation Board, but on the Budget Board as well. The County had not received any additional letters of interest for the Compensation Board. Commissioner Kerns stated that he was aware that Ms. Jones was very interested in serving on the Budget Board. The Commission should consider her for the next vacancy. Commissioner Kerns moved to appoint Ms. Suzan Ellis Jones to the Compensation Board. Commissioner Stiff seconded the motion. Motion carried unanimously.
Order No. 2004-102: Appointing a Member to County Empowerment: One vacancy existed for a representative from the Oregon Department of Fish and Wildlife. Mr. George Keister had sent notice requesting to be reappointed. No additional letters of interest had been received. Commissioner Kerns stated that Mr. Keister had been doing a great job. Commissioner Stiff moved to reappoint Mr. Keister to serve on the County Empowerment Committee. Commissioner Warner seconded the motion. Motion carried unanimously.
Order No. 2004-103: Appointing a Member to serve on the NEOEDD Budget Board. One vacancy existed due to the term expiration of Elaine Kohrman. Ms. Kohrman had sent request to be reappointed. No additional letters of interest had been received. Commissioner Kerns moved to reappoint Elaine Kohrman to the NEOEDD Budget Board. Commissioner Stiff seconded the motion. Motion carried unanimously.
Order No. 2004-104: Commissioner Warner stated that one vacancy was on the NEOEDD Board due to the resignation of Laurene Chapman. Ms. Chapman had been representing the private sector of Baker County. One application of interest had been received by Troy Phillips. Commissioner Kerns moved to appoint Mr. Troy Phillips to the NEOEDD Board. Commissioner Warner seconded the motion. Motion carried unanimously.
Scheduled Business: Update from New Directions NW: Ms. Lori McNeil was present before the Board of Commissioners. Ms. McNeil stated that a lot had happened since she had moved from County employment to employment with New Directions NW. Ms. McNeil stated that she was teaching the same classes now as she had been for the County—those needs were still being met. Ms. McNeil presented the Commission with a recent issue of the “Prevention Press”. A new flyer that she had implemented, updating the citizens of Baker County on the past months and what to expect in the next two months. The flyer discussed events and issues such as fetal alcohol, Red Ribbon Week, parenting classes, anger management classes, etc. Ms. McNeil stated that she was currently serving clients from the Juvenile Department, the high school, St. Elizabeth, and Behlen to name a few. Ms. McNeil announced that in February, the State was coming down and providing free services to Baker County. Ms. McNeil also announced that she was currently in an advanced training and had been receiving the highest grades in the Western United States. By the end of March, she expected to have her advanced certificate and would be teaching others. It was a great opportunity for Baker County as it showed that the County was working hard on the issues and training people.
Commissioner Warner questioned how her classes were set up. Ms. McNeil stated that her classes were open to everyone and some attendees were referred, or court mandated. If she had a lot of court mandated people signed up, she would typically hold a separate class for them and then hold a second class for the general public.
Commissioner Warner questioned Ms. McNeil’s funding. Ms. McNeil stated that there was the possibility that the prevention program could see a 25% reduction in the next biennium. Ms. McNeil would try to maintain as many programs as she could. Ms. McNeil stated that if there was some way to pull together the 25%, locally, that that would help out tremendously. Ms. McNeil added that the programs offered had been having a huge impact on the community and that awareness had increased dramatically. Commissioner Kerns commented that the Board of Commissioners would help in any way that they could.
Documents to be Signed: Order No. 2004-105: Appointing a Member to the Budget Board. Commissioner Warner stated that the vacancy was due to the term expiration of Lonnie Shurtleff. Mr. Shurtleff had sent notice that he would be interested in being reappointed. Applications and letters of interest had also been received from Eric Romtvedt and Suzan Ellis Jones. It was discussed that a letter of resignation had been received from Anthony Sowers. That position would be advertised for and an appointment made at the February 4, 2004 session. Mr. Romtvedt and Ms. Jones would be considered at that time as well. Commissioner Kerns moved to reappoint Lonnie Shurtleff. Commissioner Stiff seconded the motion. Motion carried unanimously.
OWEB Small Grant Agreement for Sumpter Dredge Tailings/Defrees Project: Commissioner Warner stated that the grant had been awarded to the Defrees’ through Baker County. The grant would cover the reseeding and reclamation of 40 acres of Baker County property. Commissioner Warner stated that the Defrees’ had done a similar project in the previous years on only 7 acres and it was success. They would leave all of the trees and would be leveling some of the tailings. The area would be fenced. Commissioner Warner stated that Roadmaster Helgerson, Dan Warnock Jr., Mark Bennett, Ron Brinton, and the Defrees’ had met on site to look at the property. The Parks and Recreation Board had approved the project and now the matter was coming before the Board of Commissioners for their approval. Commissioner Warner added that Parks Coordinator Lorrie Harvey was working on creating two leases: one with the Warnocks, and one with the Defrees for the previous 7 acres and now the additional 40. Commissioner Kerns moved to accept the OWEB Small Grant Agreement for the Defrees’ project. Commissioner Stiff seconded the motion. Motion carried unanimously.
Commission on Children and Families CAMI Grant: Assistant Director Ms. Judy Barzee was present before the Board of Commissioners. Ms. Barzee stated that the grant was for the D.A.’s office, however CCF had been serving as the fiscal agent. The Intergovernmental Agreement would extend that service. Commissioner Stiff moved to accept the Intergovernmental Agreement with the District Attorney’s Office for the CAMI grant. Commissioner Kerns seconded the motion. Motion carried unanimously.
2003-2005 CCF Budget Distribution Spreadsheet: Commissioner Warner stated that the spreadsheet stated the dollar amounts that CCF would be awarding. Commissioner Stiff moved to approve the distribution spreadsheet. Commissioner Warner seconded the motion. Discussion: Commissioner Kerns questioned what process the commission went through to award the programs dollars. Ms. Ruth Whitnah was present and stated that the process was open. They went through a public solicitation process, everyone was required to fill out request forms, and presentations were made to the CCF Board. The CCF Board then judged and scored based on project viability and the comprehensive plan. Motion carried unanimously.
Scheduled Business: Consolidation of Huntington Courts: Commissioner Warner stated that on December 15, 2003, the Huntington City Council had sent a letter to the Board of Commissioners requesting that the Justice of the Peace and the Municipal Court be moved and heard in Baker City. Commissioner Warner stated that the matter had been discussed at the December 17, 2003 session and it had been tabled until comments could be heard from the citizens of Huntington. Commissioner Warner stated that he had talked with County Counsel and Judge Cole about the matter. A decision needed to be made as the election for Justice of the Peace in Huntington would be held this May. Commissioner Warner opened the matter up for public comment.
Norma Barton, Box 247, Huntington, OR 97907. Ms. Barton read a letter into the record. The letter will be attached as Exhibit A of the January 7, 2004 Commission Session minutes.
The citizens of Huntington, that were present, presented the Commission with a petition of 129 signatures requesting that the courts remain in Huntington. Commissioner Kerns questioned if the signatures had been verified. Ms. Barton stated that they were not necessarily registered voters, they were residents of Huntington.
Duane “Bud” Lowry, Box 203, Huntington, OR 97907. Mr. Lowry stated that he was a 12-year resident of Huntington and when he took the petition around, collecting 35 signatures, no one had refused to sign it.
Commissioner Warner read a brief letter from Molly Walder which stated that she had given her signature not to remove the courts and that should there be a vote, that Mr. Lowry had her permission to vote for her.
Commissioner Warner questioned if Huntington Ordinance No. 330, appointing the City Recorder as the Municipal Judge, had been revoked. The residents stated that it hadn't—it had been verbally revoked but not legally.
Lola Dunleavy, Box 398, Huntington, OR 97907. Ms. Dunleavy read her statement which will be attached as Exhibit B to the January 7, 2004 Commission Session minutes.
Richard Gasser, Box 159, Huntington, OR 97907. Mr. Gasser stated that as a former mayor of Huntington, he had helped to get the municipal judge and justice of the peace in Huntington. Prior to that everything had to come to Baker City and it was very hard on the people. Judge Robertson had been an excellent judge and he hated to see everything have to come back to Baker City. Mr. Gasser added that several years ago the citizens of Huntington had tried to be removed from Baker County and to join Malheur County. Since then they had settled things and were proud to be a part of Baker County. They were the second largest city in Baker County and hoped to continue to be.
Commissioner Warner stated that a letter had been faxed over from Dixie Griffin. This letter will be attached to the January 7, 2004 Commission Session minutes as Exhibit C.
Ben Dunleavy, Box 398, Huntington, OR 97907. Mr. Dunleavy stated that 20 years ago, he had sat where the Board was now sitting. He had worked hard on getting the Justice of the Peace in Huntington, and he hoped that it would stay.
Commissioner Warner questioned how the Justice of the Peace in Huntington was functioning today versus 2-5 years ago. The information that he had been receiving was that the state police and deputies were not citing into the Huntington Justice Court. Ms. Barton replied that the only cases they heard in the Justice Court were from BLM, etc. As far city ordinances, the City hadn’t been writing citations. Commissioner Warner stated that the County Treasurer had went back from July of 2002 to June of 2003 and the Huntington Justice of the Peace had turned over only $3,200 in fines, security and jail bonds. Commissioner Warner stated that he was not sure how this compared to 2-5 years ago. Was the Justice of the Peace serving the citizens of Huntington the way they should be served?
Commissioner Warner stated that there was a March 9, 2004 deadline for someone to file for the Justice of the Peace position. Commissioner Warner had spoken to Judge Robertson and presuming the Board of Commissioners did nothing, he assumed that someone would apply for the position.
Ms. Barton stated that Dora Pamperien was willing to house the courts in her home. There were two rooms and a restroom that could be locked up. The County would only need to pay for a phone line to be put in. Ms. Barton stated that Judge Robertson did not want to go back into the City Hall and they did not blame her.
Judge Cole commented on the situation stating that there was still infighting in Huntington and no tickets were being written into the Huntington courts because of this. The bottom line to run that court was costing the taxpayers. The current siting judge in Huntington was a wonderful person and was having some problems down there. Judge Cole recommended that the Board of Commissioners consolidate the Justice of the Peace court into the Baker District 1 Court on a temporary basis until the people were ready to take it back.
Mr. Lowry commented that the problem they were having was with one person—the city recorder.
Commissioner Warner stated that if the Justice of the Peace were to remain in Huntington it would have to be viable. Ms. Pamperien stated that she would be offering her help free of charge and if Judge Robertson were to get her books back and start fining people, then the court could be feasible. Commissioner Warner stated that he was still concerned that no one was citing into the Huntington Justice Court.
Ms. Griffin stated that the city ordinance officer was not citing anyone either. Ms. Griffin was concerned that the City had requested to move the courts without getting any public input.
Commissioner Warner questioned if it was okay to hold Justice Court in a private home. Judge Cole said that the statutes stated that the courts could be held anytime, anyplace.
Commissioner Stiff questioned how many voters were in Huntington. Clerk Green stated that there were 288 out of a population of 535. Commissioner Kerns requested that Judge Cole reiterate his recommendation. Judge Cole advised that the Board of Commissioner to consider a temporary consolidation, do not abolish the court, but bring it back to Baker City and keep it there until all of the infighting was taken care of. Commissioner Kerns questioned whether the temporary consolidation would eliminate the election process for the current year. Judge Cole stated that it would.
Ms. Barton questioned if the courts could be left there until Judge Robertson retired. Commissioner Warner stated that the City of Huntington, with 60-day notice, could take the municipal court functions back.
Ms. Griffin questioned the fact that the Huntington city attorney stated that it was legal, but not ethical for the city recorder to be the municipal judge as well. Commissioner Kerns questioned if a temporary consolidation were to occur, what impact would it have on the municipal court. Ms. Griffin stated that the Huntington City Council would appoint the city recorder, Donna Reedy.
Commissioner Warner was concerned that the city council had come to him and now the citizens were coming to them—they were not working together, and putting Huntington politics aside, the Board of Commissioners needed to deal with the Huntington Justice Court.
Mr. Dunleavy stated that if the Commission moved the Justice of the Peace and Municipal Courts, then the Huntington City Council would have the municipal court brought back under Ms. Reedy’s rule and the fines would be $500 a day—that is what they threatened him with. Commissioner Warner stated that the Huntington City Council could take the municipal court back regardless of what the Commission decided.
County Counsel Kim Mosier clarified the matter on whether or not the city recorder could hold the position of municipal judge. Ms. Mosier stated that the measure that was voted on specified that the city recorder and municipal judge were to be two separate positions. It did not say that the same person couldn’t fill both positions. You would have to clarify through another vote that the same person could not hold the same position. Clerk Green added that as citizens, they could put an initiative together clarifying this matter, on the ballot. Clerk Green stated that she would check on the number of signatures and timeline that they would need to work with.
Mr. Gasser stated that he had always listened to the people of Huntington and always went with the majority. Now the people had no voice—only with one city council member. Mr. Gasser stated that if the Board of Commissioners were going to pay for Judge Robertson’s salary anyway, they should leave the courts where they were. Mr. Gasser stated that he realized that they did not have all of the answers, but felt that the people should be listened to. Commissioner Warner stated that he agreed, but that the city council should reflect the views of the people. Mr. Lowry stated that he supported Mr. Gasser’s views. Three of the city council members were appointed and they were not the voice of the people.
A brief discussion was held on the term limits of the council members. Commissioner Warner stated that they would need to be handled by the County Clerk and the Secretary of State.
Commissioner Stiff moved to leave the Justice Court and Municipal Court in Huntington for a period of six months, and to relocate the courts where the judge could hold court. Commissioner Kerns seconded the motion. Discussion: As long as Baker County had an intergovernmental agreement with the City of Huntington, Judge Robertson would handle the municipal cases as well. Motion carried unanimously.
New Position Description in Health Dept.: Ms. Barzee stated that this position was the Family Support Worker and had been a contracted position. They were requesting to make it a county position that would be funded by a grant. CCF was expected to receive $77,500, but were only budgeting $72,500, in case they received cuts. The position would be advertised at a Range 13, Step 1 at 24 hours per week. Commissioner Warner questioned if it would be budget neutral due to the grant. Ms. Whitnah stated that it would show as a positive in the Healthy Start Grant. Commissioner Stiff moved to accept the new position description. Commissioner Kerns seconded the motion. Motion carried unanimously.
Documents to be Signed: Interagency Agreement between CCF and Training and Employment Consortium (TEC): Ms. Barzee stated that the agreement was with TEC in cooperation with Child Care Resource and Referral for $125,000 for the child enhancement grant. Commissioner Stiff moved to approve the Agreement. Commissioner Warner seconded the motion. Motion carried unanimously.
Intergovernmental Agreement between CCF and School Site One Stop: Ms. Barzee stated that the Agreement was in the amount of $12,846 for the School Site One Stop/Summer Fun Program in Baker City. Commissioner Stiff moved to approve the Agreement. Commissioner Warner seconded the motion. Motion carried unanimously.
Contract between CCF and Child Care Resource and Referral: This contract was not to exceed $13,560 and would be used for the Story Time Express program. Ms. Barzee stated that this was one of the regularly awarded programs. Commissioner Kerns moved to accept the Contract. Commissioner Stiff seconded the motion. Motion carried unanimously.
Contract between CCF and the Burnt River School District: This contract was not to exceed $9,360 and would be used for the Burnt River “It’s Your Choice” program. Commissioner Stiff moved to accept the Contract. Commissioner Kerns seconded the motion. Motion carried unanimously.
Contract between CCF and Eastern Oregon Head Start: The contract was not to exceed $18,000 and would be used for the summer head start program for the Baker County area. Commissioner Kerns moved to approve the Contract. Commissioner Warner seconded the motion. Motion carried unanimously.
Contract between CCF and Darla Derrick: The contract was not to exceed $12,880 and would be used for the for preschool latchkey program in Burnt River. Commissioner Stiff moved to approve the Contract. Commissioner Kerns seconded the motion. Motion carried unanimously.
Contract between CCF and CASA: The contract was not to exceed $32,103 and would be dedicated to the CASA program. Commissioner Stiff moved to accept the Contract. Commissioner Warner seconded the motion. Motion carried unanimously.
Addendum #1 to Professional Services Agreement with Mary Jane Rose: Commissioner Warner stated that the extension of Ms. Rose’s agreement had been discussed at the December 17, 2003 session. The Baker/Morrow Regional Partnership Grant had approximately $3,400 left for a coordinator for the Hells Canyon Dam Relicensing. Commissioner Warner stated that he would like to continue the agreement until the funds were gone. Commissioner Stiff moved to approve Addendum #1 to Ms. Rose’s Agreement. Commissioner Kerns seconded the motion. Motion carried unanimously.
Scheduled Business: Selection of Architect for Adult Alcohol and Drug Rehabilitation Facility: Executive Assistant Robin Nudd was present and stated that the selection committee had met to evaluate two proposals that had been submitted: HGE, Inc. out of Coos Bay, Oregon and John Costner out of Payette, Idaho. Based on the scoring system, HGE, Inc. had scored highest. Ms. Nudd requested that the Commission select one of the firms to negotiate with. Commissioner Kerns moved to negotiate with HGE Inc. Commissioner Stiff seconded the motion. Motion carried unanimously.
Discussion Topics: Housing Rehabilitation Grant: Commissioner Warner stated that Baker County was in the process, with the help of Community Connections, of applying for a $300,000-$500,000 housing rehabilitation grant. Ms. Davidson, Director of Community Connections, had contacted Commissioner Warner and wanted to know how Baker County felt in joining Wallowa, Union and Grant County. The odds of being awarded a grant went up dramatically. Commissioner Stiff questioned how the other counties felt. Commissioner Warner stated that both Union and Wallowa County had applied the year before and neither one of them received it. Consensus was reached that a four county partnership would be okay as long as it made the County’s position stronger.
Comparison of Calendars:
Jan. 7: Powder Basin Watershed Council, TRT,
Jan. 8: NEACT
Jan. 14: EO/DH, Marvin Wood Products, Work Session
Jan. 15: Governor's Team in La Grande on State Budget
Jan. 16: 911 Board meeting
Jan. 21: Commission Session
Addition to the Agenda: Letter from District Ranger Richard Haines: Commissioner Warner stated that Mr. Haines had delivered a letter to the Board of Commissioners regarding the master plan for the Wallowa-Whitman National Forest and inviting Baker County to participate. Commissioner Warner stated that he would let Mr. Haines know that Baker County wanted to be a key player in the formation of the master plan. Commissioner Kerns stated that he would also be passing the information on to the County Empowerment Committee.
Commission Session was adjourned at 12:20 p.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners