Minutes: Board of Commission Meeting, 01/03/2003 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 January 2, 2003 Commission Session. Present were Commission Chair Fred Warner Jr., Commissioner Tim L. Kerns, and Commissioner Carl Stiff.
Citizen's Participation: Eric Romtvedt congratulated the newly elected officials and requested that one of their first official actions be to send a letter to Judge Greg Baxter thanking him for his work on the Daryl Hawes case.
Review/Approval of Minutes: Commissioner Kerns moved to approve the minutes from the December 18, 2002 Commission Session. Commissioner Warner seconded the motion. Motion carried unanimously.
Additions to the Agenda;
* Contract for Jail Physician
* Arrangement with Administrative Officer
* Daryl Hawes Case
* City of Halfway’s Request Regarding White Top Weed
* Letter from Judge Grasty
Additions to the Agenda: Contract for Jail Physician: Sheriff Hale was present before the Board of Commissioners. Sheriff Hale stated that the he had been searching over the last three months to find a new jail physician. Dr. Wilson had been filling the position, however had recently moved. Sheriff Hale stated that they had considered using nurse practitioner, and had even visited with other counties, but could find no one. Sheriff Hale stated that Dr. Stiff had graciously agreed to pick up where Dr. Wilson had left off. Sheriff Hale stated that he had met with County Counsel in order to draw up the contract. The rate of compensation would remain the same. Commissioner Stiff stated that due to a conflict of interest, he would not be voting on the matter. Commissioner Warner questioned the length of the contract. Sheriff Hale stated that it would run through June 30, 2003 where at that time they would revisit the contract and go out to bid. Commissioner Kerns moved to approve the contract with Dr. Stiff. Commissioner Warner seconded the motion. Motion passed two to one with Commissioner Stiff abstaining.
Documents to be Signed: Orders Appointing Members to Compensation Board: Commissioner Warner stated that two vacancies had occurred on the Compensation Board due to one term expiration and one resignation. Volunteer applications had been received by Suzan Ellis Jones and Scott Bannister. Ms. Jones was present and stated that she had served on the Compensation Board ten years previously and now had the time available to become active in Baker County government. Mr. Bannister was present and stated that he had a strong background in management compensation while working for the railroad. Mr. Bannister felt that he had the skills necessary to be an asset to the Board. Commissioner Kerns moved to appoint Scott Bannister and Suzan Jones to the Compensation Board. Commissioner Stiff seconded the motion. Motion carried unanimously. Commissioner Kerns moved to approve Order No. 2003-103 appointing Ms. Suzan Jones to fill the remainder of a two-year term to expire on December 31, 2003. Commissioner Stiff seconded the motion. Motion carried unanimously. Commissioner Kerns moved to approve Order No. 2003-104 appointing Mr. Scott Bannister to a four-year term expiring December 31, 2006. Commissioner Stiff seconded the motion. Motion carried unanimously.
Order No. 2003-102: Appointing a Member to Baker County Fair Board. One vacancy had occurred on the Fair Board due to a term expiration. Three volunteer applications had been received: Don Christy, Robert Borgen, and C.W. Jones. Mr. Christy was present and stated that he had been a life long citizen of Baker County and had worked for the Soil and Water Conservation for 30 years. Mr. Christy stated that he had a vision for the fairgrounds and saw a need for community involvement in the project as it was the heart of Baker City and needed to be beautiful. Mr. Borgen was also present and stated that he was a native of Baker County and had been serving on the Fair Board Advisory Committee. Commissioner Kerns moved to appoint Mr. Borgen to serve on the Baker County Fair Board. Commissioner Stiff seconded the motion. Discussion: Consensus was that Mr. Borgen had been serving on the advisory board and was familiar with the issues. Commissioner Stiff recommended that both Mr. Christy and Mr. Jones be appointed to serve on the advisory board. Motion carried unanimously.
Additions to the Agenda: Letter to Judge Baxter on the Daryl Hawes Case: Mr. Eric Romtvedt stated that there had been many bad decisions handed down from the 9th court. It was a real asset to the community to have a local judge be a part of this decision. Commissioner Warner stated that it was a great idea, but would like to have a draft letter prepared. Commissioner Kerns stated that it would be a good idea to thank the Farm Bureau and Daryl Hawes for all of their efforts in the case, but was concerned about the appropriateness of thanking a judge. County Counsel Sarah Hilderbrand suggested that the County Empowerment Committee be approached about sending out a press release to the community rather than sending a letter to Judge Baxter. Consensus was reached to contact the County Empowerment Committee and request that a press release be sent out.
Documents to be Signed: Order No. 2003-105: Appointing a Budget Officer for the 2003-04 Fiscal Year. Per ORS 294.331, a Commissioner is asked to serve as the Budget Officer for the fiscal year. Commissioner Kerns moved to appoint Fred Warner Jr. as the Budget Officer. Commissioner Stiff seconded the motion. Motion carried unanimously.
Order No. 2003-106: Appointing Commissioner Tim Kerns to the Budget Board.Commissioner Stiff moved to appoint Tim Kerns to serve on the Budget Board. Commissioner Warner seconded the motion. Motion carried unanimously.
Order No. 2003-107: Appointing Commissioner Stiff to the Budget Board. Commissioner Kerns moved to appoint Carl E. Stiff to serve on the Budget Board. Commissioner Warner seconded the motion. Motion carried unanimously.
Order No. 2003-108: Appointing a County Commissioner to serve on the Northeast Oregon Economic Development District Board. This appointment would fill the remainder of Howard Britton’s term. Commissioner Kerns moved to appoint Commissioner Stiff to serve the remainder of the term. Commissioner Warner seconded the motion. Motion carried unanimously.
Order No. 2003-109: Appointing a County Commissioner to serve on the Northeast Oregon Economic Development District Board. This vacancy was due to the term expiration of Commissioner Kerns. Commissioner Stiff moved to appoint Commissioner Kerns to continue his position on the Northeast Oregon Economic Development District Board. Commissioner Warner seconded the motion. Motion carried unanimously.
Order No. 2003-110 Appointing a County Commissioner to serve on the Northeast Oregon Economic Development District Executive Committee. This position had been previously held by Howard Britton. Commissioner Kerns moved to appoint Commissioner Stiff. Commissioner Warner seconded the motion. Motion carried unanimously.
Order No. 2003-111 Appointing a County Commissioner to serve on the Mountain Valley Mental Health Board. Commissioner Kerns moved to appoint Commissioner Stiff. Commissioner Warner seconded the motion. Motion carried unanimously.
Order No. 2003-112 Appointing a Member to the Baker/Morrow Regional Partnership.Commissioner Kerns moved to appoint Commissioner Warner. Commissioner Stiff seconded the motion. Motion carried unanimously.
Order No. 2003-113 Appointing a Member to serve on the Board of Property Tax Appeals. Commissioner Warner stated that a request had been received by the County Clerks office to appoint Mr. Howard Britton to fill a vacancy left by a recent resignation. Commissioner Stiff moved to appoint Mr. Britton to serve on the Board of Property Tax Appeals. Commissioner Kerns seconded the motion. Motion carried unanimously.
Scheduled Business: Public Hearing: Property Exchange with the West Bros.
Commissioner Warner opened the public hearing at 10:05 a.m.
County Counsel Sarah Hilderbrand presented her staff report and was accompanied by Dr. West. Ms. Hilderbrand stated that the matter had been brought to her attention four years prior, however the problem had existed for many years. The town of Cornucopia, when plotted out was put over a portion of the West Bros. mining claim. The County has since sold some of those lots over the years and needed to compensate the West Bros. for this. The West Bros. have been working with the County to make it right. The lots up for the exchange had been taking through foreclosure by the County, including some lots in Bourne as well. The mining claim had approximately 30 lots. The exchange would give them 8 lots plus two fairly substantial triangle pieces. Dr. West stated that they had attempted to put a trade together with the mining company, the Forest Service, and Baker County many years ago, but it did not work. This was a compromise that he and his brother were willing to do. Commissioner Warner questioned if the lands were of relatively equal value. Ms. Hilderbrand stated yes, they were as close as they were going to get given what was available. Commissioner Stiff questioned if the mining site was still in operation. Dr. West stated that they were no longer mining.
Commissioner Kerns questioned statute of limitations. Ms. Hilderbrand stated that because the County was aware of the fact that it had happened, that she was not sure that it could have been litigated. The County had made a commitment many decades ago to settle it and make it right. Commissioner Kerns clarified that the County would receive an affidavit stating that the matter was clear once the exchange was approved. Ms. Hilderbrand concurred.
Commissioner Warner closed the public hearing was closed at 10:15 a.m.
Commissioner Kerns moved to approve Order No. 2003-101 approving the property exchange. Commissioner Stiff seconded the motion. Motion carried unanimously.
Additions to the Agenda: City of Halfway’s Request to have White Top classified as an A-rated Weed. Commissioner Kerns stated that a letter has been received by the Mayor of Halfway Marvin Burgraff. Commissioner Kerns stated that he had spoken with Arnie Grammon, Baker County Weed Director, and Mr. Grammon had stated that it was the Weed Board’s recommendation to proceed. County Counsel Sarah Hilderbrand stated that it would be a matter of amending the current weed policy to include White Top. Consensus was reached to hold a public hearing on whether or not to amend the Baker County Weed Policy. Commissioner Warner stated that he would meet with a representative from Pine Valley.
Letter from Judge Grasty. Commissioner Warner stated that a letter had been received by Judge Grasty of Harney County regarding DEQ and how its budget cuts could affect the counties, specifically when dealing with a wastewater sanitarium. Judge Grasty was interested in forming an advisory committee to look at the affects would be to counties should DEQ turn this duty over to them. Planning Director and Emergency Management Director Mark Bennett was present and stated that he had contacted Scott Fairley with the DEQ and had been trying to find out what the details are. Currently the DEQ handles the wastewater. With budget cuts, DEQ would turn this over to the Counties. Mr. Bennett stated that currently he did not have someone on staff qualified to do it. Mr. Bennett stated that he would prepare a response letter to Judge Grasty to be signed by the January 15, 2003 Commission Session.
Scheduled Business: Public Hearing on Expanding the Boundaries of the Bowen Valley Rural Fire District to include Stices Gulch.
Commissioner Warner opened the public hearing at 10:30 a.m.
County Counsel Sarah Hilderbrand presented a staff report. Ms. Hilderbrand stated that the Bowen Valley Rural Fire District recently sent in a resolution requesting to annex Stices Gulch. Ms. Hilderbrand stated that as far as she was aware, that the residents of Stices Gulch were in favor of the annexation. Ms. Hilderbrand stated that the Board of Commissioners needed to determine if it was in the best interest of the County to approve the annexation.
Cal Foster of the Bowen Valley Rural Fire District was present and presented a map of the Bowen Valley.
Commissioner Stiff questioned if the Bowen Valley Rural Fire District was capable of the additional responsibilities. Mr. Foster stated that they would be. The Bowen Valley Rural Fire District currently had an arrangement with Baker City to assist them until they were up and running. Mr. Foster stated that it was currently an issue of funds. Mr. Foster assured the Commissioners that the residents of Stices Gulch were all notified of the annexation.
Planning Director and Emergency Management Director Mark Bennett was present and stated that this would be advantageous for the people of Stices Gulch as they currently had no fire protection whatsoever and recent legislation would be requiring fire protection.
Mr. Foster added that their insurance rates would benefit from the annexation as well.
Commissioner Warner questioned if the County had an obligation to plow the roads in a rural fire district. Ms. Hilderbrand stated that County was only required to maintain the roads. The road into Stices Gulch was a Forest Service road. Ms. Hilderbrand stated that the residents could certainly request that the road be plowed should an emergency exist, but in terms of ongoing maintenance, the Commissioners decision to annex Stices Gulch into the Bowen Valley Rural Fire District would not affect the County's responsibility.
Commissioner Warner closed the public hearing at 10:40 a.m.
Baker County Clerk Tamara Green was present and stated that the residents of Stices Gulch had signed the petition in support of the annexation as well.
Commissioner Stiff moved to approve Order No. 2003-100, setting the final hearing for February 5, 2003 at 10:00 a.m. Order No. 2003-100 would be signed out of court. Commissioner Kerns seconded the motion. Motion carried unanimously.
Discussion Topics: Eastern Oregon Rural Forum: Commissioner Warner stated that the next Eastern Oregon Rural Forum meeting would be held in John Day on January 10, 2003. Commissioner Warner stated that he would like to explore the partnership. Members of the Eastern Oregon Rural Forum were asking that each participating county pass a resolution supporting the Forum. Consensus was reached that a Commissioner would attend the meeting.
Addition to the Agenda: Arrangement with Administrative Officer. Personnel Officer Debbie Hoopes was present and stated that when Mr. Patrick Smith was called to active duty, a recommendation was made on who would act as Interim Administrative Officer—Mr. Mark Bennett filled that role. Mr. Smith went off of all benefits and began receiving $1,000 a month for services he would provide via phone and email. Ms. Hoopes stated that there was no written contract with Mr. Smith—it was a verbal agreement. Commissioner Kerns questioned when Mr. Smith would be returning. Ms. Hoopes stated that he would be active for at least another six months. Commissioner Warner stated that he had been in contact with Mr. Smith. Most of Mr. Smith’s contact had been with the Personnel Department and Administrative Services. Commissioner Warner stated that it was his position was to take on all of the day to day activities including meeting with Department Heads. Staff has informed Commissioner Warner that they would like to keep Mr. Smith on to consult during the critical budget time. Commissioner Warner stated that Mr. Smith would be back on January 13, 2003 and would discuss his duties at that time, however, was looking for the Commission to make a formal decision to continue the current verbal agreement. Commissioner Stiff moved to continue the arrangement with Mr. Smith in a consulting relationship to report to Commissioner Warner at the rate that they were now paying him. Commissioner Kerns seconded the motion. Motion carried unanimously.
Ms. Hoopes added that the increases that had been received during Mr. Smith’s absence to the following employees salaries would be adjusted down: Mr. Bennett, Ms. Cook, Ms. Hilderbrand, and herself.
Discussion Topics: 2003 Commissioner's Calendar: The 2003 Commissioner’s Calendar was presented.
Comparison of Calendars:
Jan. 3rd: Representative Tom Butler’s Town Hall
Jan. 6th: Baker/Morrow Regional Partnership, Nat. Guard Armory Siting Committee
Jan. 7th: Dept. Head Meting
Jan. 8th: Special Session, Work Session
Jan. 9th: Mayor's Council
Jan. 10th: Eastern Oregon Rural Forum, Response to Idaho Power Due
Jan. 14th: Dept. Head Meeting
Jan. 15th: Elected Official/Department Head Meeting, Commission Session
Commission Session was adjourned at 11:00 a.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners"