Minutes: Board of Commission Meeting, 04/20/2005 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 April 20, 2005 Commission Session. Present were Commission Chair Fred Warner, Jr., Commissioner Tim L. Kerns and Commissioner Carl E. Stiff.
Citizens' Participation: Ross Bullord and Wade Simpson from Old Auburn Lane were present. Both were concerned with a neighbor that they believed had a junkyard. The Commissioners discussed the County’s proposed nuisance ordinance and that if passed, would help with situations such as this one. Mr. Simpson also discussed speeding that was occurring on the road and asked if there was anything he could do to control the dust. Commissioner Warner suggested visiting with the Roadmaster.
Additions to the Agenda:
*Blue Mtn. Forest Plan Workshop
Review/Approval of Minutes:Commissioner Stiff moved to approve the April 6, 2005 minutes as presented. Commissioner Kerns seconded the motion. Motion carried unanimously.
Scheduled Business: Oath of Office: Clerk Green performed the Oath of Office for Baker Justice Court Pro-tems Yvonne Riggs, Teresa Stelting, Lise Yervasi and Keith Long, and the Huntington Justice Court Pro-tem, Sharon Palmer.
Documents to be Signed: Resolution 2005-1023: Unanticipated Revenue in Perinatal of the Health Dept. Commissioner Warner stated that additional revenue had been received from the state in the amount of $4,160 to be expended in Oregon Mothers Care activities. Commissioner Stiff moved to approve Resolution 2005-1023. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1024: Transfer within Parks Fund: Commissioner Warner stated that the resolution would move $14,000 from contingency to the Holcomb Park project line. Commissioner Stiff moved to approve Resolution 2005-1024. Commissioner Kerns seconded the motion. Motion carried unanimously.
Resolution 2005-1026: Approving a Transfer to Bill Hansell's Inauguration: Commissioner Warner stated that the contribution had been discussed at the April 6, 2005 session and decided to contribute $500 from the Commissioners Department budget to AOC dues for Oregon County Commissioner Bill Hansell’s inauguration to NACO. Commissioner Stiff moved to approve Resolution 2005-1026. Commissioner Kerns seconded the motion. Motion carried unanimously.
Anthony Lakes Highway Phase III Project Agreement: Roadmaster Ken Helgerson was present before the Board. Roadmaster Helgerson stated that the County Commissioners had signed the agreement last year, however the Forest Service was not satisfied with some of the language used and did not sign it. Roadmaster Helgerson reported that the agreement had been revised and all parties were in concurrence. Commissioner Warner questioned what would happen should Baker County not be able to get the right of ways. Roadmaster Helgerson stated that the project would not take place. Roadmaster Helgerson stated that he was waiting to see the final plans before going to the landowners to work on the right of ways. Commissioner Warner moved to accept the Agreement with Federal Highway Administration, USDA and Forest Service for the Anthony Lakes Highway Phase 3 project. Commissioner Stiff seconded the motion. Discussion: Roadmaster Helgerson stated that the Forest Service had been more involved in this portion of the project because they owned ground along the road. Motion carried unanimously.
Order No. 2005-129: Appointing a Member to the WASH: A request had been received by the WASH Committee to appoint Darrell Dyke from the Bureau of Reclamation. Commissioner Kerns moved to approve Order No. 2005-129. Commissioner Stiff seconded the motion. Motion carried unanimously.
Order No. 2005-130 through 132: Appointing Members to the Weed Control Committee: A staff report received stated that vacancies had occurred due to term expirations. The following members sent requests to be reappointed: Norm Koopman, John Wirth and Wayne Morin. Commissioner Kerns moved to approve Order No. 2005-130 through 132, appointing Norm Koopman, John Wirth and Wayne Morin. Commissioner Stiff seconded the motion. Motion carried unanimously.
Order No. 2005-133: Appointing a Member to the Fair Board: One vacancy had occurred on the Board due to the term expiration of Ron Rowan. Mr. Rowan had sent a request to be reconsidered for an additional term. There were no other applications of interest received. Commissioner Kerns moved to approve Order No. 2005-133. Commissioner Stiff seconded the motion. Motion carried unanimously.
Scheduled Business: Contract Review Board:
Commissioner Warner moved to enter into Contract Review Board.
Award of Adult Drug & Alcohol Rehab Facility Construction Bid: Bart Murray from New Directions NW was present before the Board. Mr. Murray reported that the bids for the facility had been opened the previous day and the low bidder was Michael A. Becker General Contractor, Inc. at $ 915,457.00. Mr. Murray requested that the Board of Commissioners award the bid to Michael A. Becker General Contractor, Inc. and invited them to attend the groundbreaking the following Wednesday. Commissioner Kerns questioned the size of the facility. Mr. Murray stated that it would be 8,000 square feet and would house 24 people. The facility would also include a small kitchen that they planned to use to feed the residents at the adolescent program as well. Commissioner Stiff moved to accept the bid by Michael E. Becker General Contractor for $915,457.00 for the construction of the Adult Drug & Alcohol Rehabilitation Facility. Commissioner Kerns seconded the motion. Motion carried unanimously.
Agreement on Huntington Lime Plant: Paul Vaden and Terry Drever Gee were present before the Board. Commissioner Warner stated that the County had been working with Mr. Vaden for some time on developing an agreement for the Huntington Lime Plant. The agreement was an option to purchase agreement. The County would receive $1,000 and Mr. Vaden would have until December 31, 2006 to decide if he wanted to purchase the property for $400,000. Mr. Vaden discussed recent correspondence that he had had with Jeremy Thamert from Oregon Power Solutions. Mr. Thamert would be placing some wind test sites on the property in the future. Commissioner Kerns clarified that there was one public access road through the property. County Counsel Kim Mosier stated that was correct and clarified with Mr. Vaden that the agreement reflected what they discussed and that he had reviewed it with his representative. Mr. Vaden confirmed that it did and he had. Commissioner Warner added that the County would forward all documents from DEQ to Mr. Vaden. Commissioner Stiff believed the property to be a diamond in the rough and this was a good move. Commissioner Kerns added that the County had advertised the property, sent out request for proposals and still had yet to see any additional interest. Commissioner Stiff moved to accept the option agreement with Mr. Paul Vaden for property known as the Huntington Lime Plant. Commissioner Kerns seconded the motion. Mr. Vaden presented the Commissioners with a $1,000 check. Motion carried unanimously.
Professional Services Agreement with Tom Hanley Engineering: Commissioner Warner stated that the agreement was for Mr. Hanley’s services at the Hewitt/Holcomb Park to perform a lot line adjustment at the cost of $2,000. Commissioner Stiff moved to accept the agreement. Commissioner Kerns seconded the motion. Motion carried unanimously.
Commissioner Warner moved to exit out of Contract Review Board.
Addition to the Agenda: Blue Mtn. Forest Plan Workshop: Commissioner Kerns stated that the meetings were moving along. A question had been brought up at the last meeting regarding adding more wilderness. Commissioner Kerns suggested having the Natural Resource Advisory Committee take a look at it. The County had until June 30th to comment.
Other Business: Comparison of Calendars:
April 20th: Nuisance Task Force Meeting, OHV Meeting in Unity, Cattlemen's Meeting, AHEC, TRT
April 21st: AHEC, Woodlands Assoc., NEOEDD Exe. Committee
April 22nd: NHOTIC Community Day, Compensation Board Meeting,
April 25th: BMRP Video Conference
April 26th: Community Connections Meeting
April 27th: Special Session, A&D Groundbreaking Ceremony, Health Officer's Review
April 28th: Power Generation Task Force Meeting
April 29th: Economic Development Conference in La Grande
May 4th: Commission Session
Scheduled Business: M37 Applications:
1. M37-05-001: Applicant: Ralph Graven, Owner: Jack Corning
Location: Twp. 9S, Range 35E, Section 35, Tax Lot 5100
Request: To remove all regulation that would not allow the activities of a Rock Quarry in an EFU or compensation in the amount of $985,000.
County Planner Shawn Berry was present and gave a brief staff report. Mr. Berry stated that the property had been purchased in 1958, prior to any land use regulations that would prohibit rock quarries. Mr. Berry believed that all six criteria in County Ordinance 2005-01 had been met and recommended to remove all land use regulations, subject to the following conditions: a) be in effect during such time as the real property owner holds ownership title on the subject real property; b) convey with the real property to the fullest extent allowed by law; c) decisions made under the procedure apply to Baker County land use regulations only; and d) the described rock quarry is still subject to the Department of Geology and Mineral Industry permits.
Commissioner Warner questioned if the compensation amount had been verified. Mr. Berry stated that it had not. Mr. Graven was present and stated that he based his compensation amount on the quarry having two million yards of material at $0.50/yard.
Commissioner Warner read Order No. 2005-134 into the record. Commissioner Kerns moved to approve Order No. 2005-134, accepting the recommendation by the Planning Department. Commissioner Stiff seconded the motion. Motion carried unanimously.
2. M37-05-002: Applicant and Owner Sid Prowell
Location: Twp. 8S, Range 40E, Section 24, Tax Lot 300
Request: To modify the current land use regulation to allow the criteria that was adopted June 11, 1981, as Ordinance 81-002 in an EFU or compensation in the amount of $803,120.
Mr. Berry supplied his staff report. The property had been purchased in 1953 and was received by the applicant in 1983 through probate. Mr. Berry stated that this case required additional research in order to decide if the regulations should be removed back to 1953 or 1983. Based on his research with the State and Oregonians in Action, Mr. Berry recommended removing the regulations that had been adopted on June 11, 1981, subject to the following conditions: a) be in effect during such time as the real property owner holds ownership title on the subject real property; b) convey with the real property to the fullest extent allowed by law; c) decisions made under the procedure apply to Baker County land use regulations only; and d) outright use of 40 acres and/or a conditional use permit as outlined in Ord. 1981-002.
Commissioner Kerns requested clarification on probate cases. Commissioner Warner stated that Measure 37 allowed compensation back to the original owner, however modifying land use only went back to the most current owner in the family.
Commissioner Warner read Order No. 2005-135 in the record. Commissioner Stiff moved to approve Order No. 2005-135, accepting the Planning Departments recommendations. Commissioner Kerns seconded the motion. Motion carried unanimously.
Commission Session was adjourned at 11:47 a.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners