Minutes: Board of Commission Meeting, 06/20/2001 COUNTY COMMISSIONER CHAIR BRIAN D. COLE
COUNTY COMMISSIONER HOWARD C. BRITTON COUNTY COMMISSIONER TIM L. KERNS
BAKER COUNTY BOARD OF COMMISSIONERS
June 20, 2001 Commission Session
Baker County Commission met for the June 20, 2001 Commission Session. Present were Commission Chair Brian D. Cole, Commissioner Howard Britton, and Administrative Officer Patrick Smith.
Citizens’ Participation: None
Approval of Minutes:
Commissioner Cole made corrections of typos to the June 6, 2001 minutes. Commissioner Britton moved to approve the minutes with the corrections made. Commissioner Cole seconded the motion. Motion carried unanimously.
Additions to the Agenda:
*Power Generation
*Vehicle Purchase
*Invitation to Bid: “Pointing” of the Courthouse
*Bull-A-Rama Improvement Funding
Documents to be Signed:
Order No. 2001-148: Appointing a member to the National Guard Armory Siting Task Force. Commissioner Britton moved to appoint Andi Sexton to the National Guard Armory Siting Task Force. Commissioner Cole seconded the motion. Motion carried unanimously.
Order No. 2001-149: Order for Cancellation of Wholly Uncollectible Personal and
Real Property Taxes. Commissioner Britton moved to approve Order No. 2001-140. Commissioner Cole seconded the motion. Motion carried unanimously.
Proclamation: Leo Adler Day, June 21st. Commissioner Cole read the proclamation. Commissioner Britton moved to proclaim June 21, 2001 as Leo Adler Day. Commissioner Cole seconded the motion. Motion carried unanimously.
Commission Session was recessed until 9:15 a.m.
(Documents to be signed will continue)
Scheduled Business: County Empowerment
Jay Carr stated that everyone is enthusiastic about County Empowerment. Jay Carr would like to see the commissioners appoint an ad hoc committee and presented a list of candidates. Everyone that he has approached are very excited. Federal agencies are on board with County Empowerment as well. County Empowerment would allow the county to give a proactive response and would play a more significant role in any decision process.
Commissioner Britton stated that there were some concerns with the Powder Basin Watershed Council. Jay stated that he has already been in contact with Vicki Wares. Documentation has been provided to the Planning Department and the potential committee members so that they will have access to all the information regarding County Empowerment.
Commissioner Cole said that they do not wish to establish an organization that deals with issues that another organization already handles. They would like to establish a committee that has a broader scope, and one where they can be proactive rather than reactive towards our natural resources in our county. We often find ourselves being on the defensive side. Some issues that we are facing right now are with the Hells Canyon re-licensing.
Jay Carr said that the ad hoc committee will meet two to three times before establishing an ordinance and will be looking at samples from Wallowa County.
County Counsel, Sarah Hilderbrand, stressed that there will plenty of public input before this ordinance would be approved.
Mark Bennett stated that this idea of County Empowerment was actually an outgrowth of the Baker County Forum and previous meetings. The agriculture and natural resource community said that this was the way they wanted to go.
The commissioners will expect to hear back from the ad hoc committee on an ordinance within four to eight weeks.
(Scheduled to business to be continued)
Documents to be Signed continued:
Court-Connected Domestic Relations Mediator Agreement: Gail Friedly. Commissioner Britton moved to approve the Professional Services Agreement with Gail Friedly. Commissioner Cole seconded the motion. Motion carried unanimously.
Janitorial Services at the Health Department Agreement: Mace McVay. The Health Department has been pleased with his work and the amount remains the same as last year. Commissioner Britton moved to approve the Professional Services Agreement with Mace McVay. Commissioner Cole seconded motion. Motion carried unanimously.
Professional Services Agreement: Baker County and New Directions NW. The Health Department provides a nurse to New Directions for payment of $425 per month . Commissioner Britton moved to approve the agreement. Commissioner Cole seconded the motion. Motion carried unanimously.
(Documents to be signed to be continued)
Discussion Topics: Community Incentive Fund Reservation:
Commissioner Cole stated that the grant has been accepted.
Tax Refund:
Resolution No. 98-01: Tax refund was issued for Kent and Beverly Justus in the amount of $102.82 by the Baker County Treasurer/Tax Collector.
Burn Permit:
The Oregon Department of Forestry will be begin their burn season, Friday, June 22nd at 12:01 a.m. Commissioners will ask County Counsel to have an Order available for them to sign before the end of session.
Additions to the Agenda: Unity Historical Society:
Bev Duby and Glynn Murphy requested funding from the Video Lottery Fund for their historical research work in the Burnt River area. For that type of work, Commissioner Cole did not see it consistent with what they typically use the Video Lottery Fund for and suggested that Mrs. Duby contact Baker City.
Bull-A-Rama:
Bob Savage, of the Elks, has contacted the commissioners to request funding for bleacher improvement. The amount requested was $1,500. Patrick Smith suggested talking with Bonnie White to use capital funds from the fairgrounds to do this, or to just expense it to the Video Lottery fund. Commissioner Cole moved that if the Fairboard is reluctant to support this project, to reserve $1,500 from the Video Lottery fund for the improvements of the bleachers. Commissioner Britton seconded the motion. Motion carried unanimously.
Re-pointing of the Courthouse:
Patrick would like to have permission to bid on this. Both commissioners agreed that this was a good idea. Vehicle Replacement:
Patrick Smith stated that both cars that we have right now are not in the best of shape. He would like to trade both of these vehicles in to purchase a better running car. Bids will be requested from local dealers.
(Scheduled Business to be continued)
Transportation System Plan (TSP) Public Hearing:
Present were: Hann Lee, Mark Bennett, Ken Helgerson, Greg Brown and Marilyn Delashmutt.
Mark Bennett began by stating that ODOT is requiring all of the counties in the state to have a transportation system plan. The TSP is the overall plan for the unincorporated areas of Baker County. It includes, rail, pipelines, air, etc. There is a sub plan that deals with Wingville and Pocahontas area. Those areas are not a part of this plan and will not be discussed today.
Hann Lee, the consultant that developed the TSP, stated that there was initially a lot of concern in regards to Measure 56 and the TSP. The notice that was sent out to the public was very legal and hard to understand. Typically the TSP would not affect property values.
Commissioner Cole asked if there would be room in the future to be more clear in our notices. Hann said that in hindsight that should have been done. A paragraph or two that explained it better should have been included.
Hann Lee went over the staff report. David Evans had actually started the project and published the first draft in June of 1999. Hon Lee’s company took it over shortly after that. They have had several meetings with the Planning Commission, have held workshops and public hearings. Contractually Hann was obligated to create plan for the Pocahontas and Wingville area, however, it will be separate from the TSP plan. They will not make a recommendation on these areas, but will have a document with all the background info for any future decisions that will be made.
Hann stated that there are three critical elements in the TSP. It is a regional coordinating document between county, city and state. The state uses these plans to schedule improvements. It is very important to have this plan in order to work with the state on improvements.
Commissioner Britton asked if the County could adopt items that will make Baker County better and go beyond minimum requirements. Hann replied yes, that the state is setting only minimum standards.
Hann asked the Board of Commissioners if it would possible to come back to August 1st and leave the public record open. Hann would like to see the Planning Commission close their public hearing first and then give a recommendation to the Baker County Board of Commissioners.
Hann Lee stated that he will donate his company’s time to finish even though the grant runs out at the end of June.
Hann Lee wanted to stress the point that it is important that people understand that this plan does not include the Wingville and Pocahontas areas. He would like those that are interested in that issue to sign up on a list in the Baker County Planning Department.
Greg Brown, Baker County resident, stated that the plan does specifically mention Wingville and Pocahontas and is concerned that there are more issues in the plan that are not supposed to be included.
Hann said that the only thing addressed in the TSP, regarding these areas were only existing roadways.
Greg Brown did not understand why Wingville and Pocahontas have different rules than people out in Halfway. Commissioner Cole stated that these questions would be answered after Hann Lee was done presenting.
Hann Lee concluded his presentation by requesting that they wait and hear the Planning Commission’s recommendations and on August 1st come back and meet with the Baker County Board of Commissioners.
Hann wanted to address Mr. Brown’s issues. There are two issues in the Pocahontas area. One, the upgrading of some of the other streets so that people would vary their routes. Right now people are using just a couple of main roads. These improvements would be made on existing right of ways, and existing streets. The second issue that they are not addressing at this time are routes for emergency vehicles.
Commissioner Cole wanted to clarify that there is information in the plan that deals with Wingville and Pocahontas. It addresses existing streets, not new ones and private streets and emergency access roads.
Public Hearing on the TSP opened at 10:35
Greg Brown stated that he has concerns on how the TSP might affect his property. He might not have an issue if this plan does not include new roads. He feels that there are some difficult issues here. He wasn’t sure how what he read would be applied once it became “law”, if you will, in this area. Mr. Brown questioned why the plan would require the next highschool to put in bicycle parking for one out of every five students and staff. He thinks that is very excessive.
Commissioner Britton mentioned that it did not make sense to have bicycles out at the airport either and asked Hann Lee if we will have the flexibility to change some things in this plan?
Hann stated that the bike issue is a very common one. This is a multi-model plan. Admittedly, in rural areas it is unlikely that you will take a bike to a lot of places. They have been kind of forced in the direction to include the bikes. They had to come up with something to meet the state’s requirements. When it comes down to funding, practically speaking, you would fund roads and not bike improvements. Bicycle requirements are well ahead of infrastructure. Bike racks can be bought anywhere from $50 to $100 dollars.
James Morris, a Baker County resident, wanted to clarify that this is a plan, not a mandate. It provides a guide to what the state is going to require. This plan provides the umbrella to work on transportation issues.
Hann Lee agreed that to a large extent Mr. Morris’ statement was accurate and suggested that Mr. Brown see Grant Young in the Planning Department to see what would happen to his property, under the TSP, should he decide to develop. There is always going to be some interpretation and it depends on how the Planning Department/Commission reads it.
Greg Brown, stated that it still did not make sense to have bike racks when no one will use them. He would rather see the funds go into computers to help teachers.
Ken Helgerson stated that the TSP is a living document and that changes can be made on key projects throughout the years. Vickie Valenzuela also mentioned that even though you have to have a certain number of bike racks, that they can be phased in.
Public Hearing closed at 11:10 a.m. (To be continued on August 1st)
Special Transportation Fund:
Vickie Valenzuela stated that these funds are used by local transportation agencies. They have had two applicants: Step Forward and Community Connection. They did have an inquiry from a 3rd party, but they did not meet the deadline. The committee has recommended that Step Forward receive $15,000 and $23,000 be allocated to Community Connection.
Commissioner Britton questioned if these were operating funds. Vicky answered yes. Commissioner Cole moved to approve the recommendation of committee for $23,000 to Community Connections and $15,000 to Step Forward. Commissioner Britton seconded the motion. Motion carried unanimously.
Documents to be signed continued:. Exchange Funding Agreement: Ken Helgerson stated that this is the old STP program. It has been dropped by ODOT and put into the federal program. TRI-MET has chipped in to reinstate the program and that is what this agreement represents. AOC is to receive the money. Commissioner Britton moved to approve the Exchange Funding Agreement. Commissioner Cole seconded the motion. Motion carried unanimously. Mineral Lease Exploration: This is an agreement through Boise Cascade to the BLM. Ken Helgerson stated that this lease agreement will be renewed yearly. Sarah Hilderbrand, County Counsel, has seen this, and in fact was the one that developed the renewal. Commissioner Britton moved to approve the Mineral Exploration Lease with Boise Cascade and Baker County, Commissioner Cole seconded the motion. Motion carried unanimously.
Ken gave a brief update on the Anthony Lakes Highway project. He stated that it would be a huge effort to patch holes and get it safe to drive over this winter. Paving will be delayed and they are currently working at the North Powder Bridge.
Scheduled Business continued: Building Permit:
Larry Rockenbrant, stated that he has returned to discuss the building permit fee increases. He was pleased to report that at the City Council meeting last week, that they approved the electrical, plumping and manufactured home increases. They have yet to increase structural permit fees. Since the last commission session, Larry has met with Bill Harvey. After their meeting they came up with a second proposal for the County Commissioners. They would like to go with a 30% (approximately) increase on the structural permit fees.
Larry Rockenbrant responded to the commissioner’s request from the last meeting to have comparisons. They performed comparisons with Malheur and Harney County, and Inspections Inc. They used three structural examples in their comparisons: 1) a new bank; 2) a new home and 3) a garage.
Inspections Inc. have already raised their fees. When compared with Malheur County, Baker City’s fees would be less in regards to manufactured structures, however, electrical permits, in Baker, would be slightly higher. In comparison with what the State of Oregon charges, permits in Baker City’s would be slightly higher in each area.
Larry also mentioned that he felt it was necessary to reduce the increase of the permit fees due to the recalculation of revenues and expenditures since their last meeting.
Bill Harvey, President of the Home Builders Association, believes that there could be ample permit fees coming in this year to bring them to a flush in the budget next year. The following year they might have more problems with the decrease in permits. There will not be any major projects and they are very concerned. Bill understands that there is now a law that the permit fees are to stay in the Baker City Building Department as dedicated funds. Had we had that in place in 1995, the Baker City Building Department would have been okay. Bill would like to see the County Court encourage the City to set this law going. He has also noticed that they are allocating funds for vehicles each month and then give additional amount at the end of each month. He is concerned with this as well. As far as the permit increases, Mr. Harvey said that they are comfortable now with the new table.
Larry Rockenbrant wanted to mention that Union County will be going with a 25% increase with all programs.
Bill Harvey commented that he is still concerned with the possibility of charging an extra fee outside of the city limits. Mr. Harvey stated that as far as the association is concerned, they would like to go on record that they oppose that extra fee.
Larry Rockenbrant said that they have no intention of assessing any surcharge. They are moving in the direction to make the fees the same.
Commissioner Britton wanted to clarify that the Baker City Building Department would be using the 2001 Building Valuation Table (without the modifier) as compared to the current one that is being used that was created in 1994.
Commissioner Cole was satisfied that they had met the four principles set at the previous commission session: 1) Competitiveness, 2) Service; 3) City/County Equity; and 4) Budget Issues. Commissioner Cole moved to approve the staff recommendation from the Baker City Building Department to increase plumbing, electrical and structural permit fees. Commissioner Britton seconded the motion. Motion carried unanimously.
Commission Session was recessed until 1:00 p.m.
Scheduled Business continued: Adoptionof the 2001-02 County Budget
Administrative Office, Patrick Smith, stated that the Beginning Fund Balance shows a slight increase. As for the changes within the budget, the first group of numbers that have changed are directly tied to the increase in employee health care insurance.
A $150,000 grant to move the Community Center, has now been included in the budget and the City will not be transferring $5,000 to the County for Economic Development as per their proposed budget.
Patrick stated that there have been some changes within the County, none are real substantial, but they are all listed. Patrick stressed that he and Christena are continually looking through the budget. The dollar amounts have not change, however, but numbers have been moved within special funds to provide for better accounting practices.
Mike Ferguson, of the Baker City Herald, questioned the Emergency Management Director position. Commissioner Cole stated that Mark Bennett will be the Emergency Management Director, however, officially they have not taken that action yet. Commissioner Cole stated that there is a natural connection between planning and emergency management. The reaction part of emergency management will still fall on the Sheriffs’ shoulders, however in regards to planning for the resources, that is where the emergency manager comes into play. A portion of Mr. Bennett’s salary will come from planning and a portion from emergency management.
Public Hearing on the Adoption of the Budget was opened at 1:24 p.m.
James Morris had no specific comments. Mr. Morris assumed that the County is taking care of the staff and services, and guesses that the budget is balanced. He was curious that as these health care costs go up, he wonders how we continue to cover these costs.
Patrick Smith answered that core groups have been established based on their services. They meet and decide on how their departments can work with less while resetting their priorities.
With no further discussion, the public hearing was closed at 1:27 p.m.
Commissioner Britton moved to approve Resolution 2001-1029: Adoption of the 2001-2002 Baker County Budget, making appropriations thereof, for the total sum of $19, 515,771.00. Commissioner Cole seconded the motion. Commissioner Britton felt that this was a great budget and the process had really worked well. Commissioner Britton credited Commissioner Cole with its success. Moral within the courthouse is higher now than he has seen it since he has been a commissioner. Commissioner Cole stated that they will definitely utilize this process again next year. He wants the County to be responsible to its employees and citizens. Motion on the floor to approve Budget, motion carried unanimously.
Resolution 2001-1028: Ad Valorem Property Tax:. Numbers will remain the same as last year. Commissioner Britton moved to approve Resolution 2001-1028. Commissioner Cole seconded the motion. Motion carried unanimously.
Additions to the Agenda continued: Power Generation Update:
Commissioner Cole has been informed that their last meeting was the 15th of June. Glynn Murphy, Chairman of the PGTF has met with Commissioner Cole and they have identified six sites in which they believe power generation could take place:
1) In Halfway: Ellingson Lumber site: slash
2) In Baker City: Ellingson Lumber site: gas
3) Quartz: (on the way to the dump)
4) Mason/Unity Dam: hydro
5) The Wingville Lime Plant: gas
6) The Lime Plant near Huntington: gas (or just about anything)
The task force’s recommendation to the board is to take the information and package it as a promotional/informational pamphlet and send it out to prospective power generators. The County, if involved in pursuing something, would have to be low risk.
The Mason Dam site has become somewhat of a priority due to the fact that there is another interested party, and the County has a real interest in the lime site because the county owns it. Commissioner Cole will pursue the creation of a pamphlet.
Scheduled Business continued Drought Declaration
Mark Bennett stated that as far at the National Weather Service is concerned, Baker County is listed as in an extreme drought. Our basin average is presently at 67% of total precipitation of the year. Mason at Phillips is at 43%, and Thief Valley is at 60%. He has already been in contact with Jennifer Isle, of The Farm Service Agency, for programs.
Mark Bennett stated that ten counties in Oregon have already declared disasters. Generally this declaration will be made by the governor within a week. The State of Oregon is already aware of our drought declaration as Mark has been working closely with them.
Commissioner Cole moved to move forward and sign the Declaration of Local Disaster for Baker County. Commissioner Britton seconded the motion. Motion carried unanimously.
Sheriff Department: Position Changes
Patrick Smith stated that the first change is an organizational shift. Warren Thompson will over see the jail and consolidated dispatch now. The second shift will be emergency services falling from the Sheriff’s Department into the Planning Department. The next item of change is the creation/modification of a patrol deputy to sergeant. The final change would be Patti-Lee Schales’ position. She will be primarily responsible for civil process services within the Sheriff’s Department.
Debbie Hoopes said that there will be no change in salary range for Warren Thompson. The Patrol Sergeant does not have a new position description. The salary amount will increase and they will not be in the bargaining agreement. They are estimating that it will be in the range of a 15, and has been budgeted for this coming year.
Commissioner Cole moved to approve the two job descriptions for the Corrections Lieutenant and the Chief Civil Administrator. Commissioner Britton seconded the motion. Motion carried unanimously.
Discussion Items continued: Burn Permit:
Sarah Hilderbrand stated that in 1997 the County adopted an ordinance regarding burning outside of the county that is not regulated by a fire protection service. Burning in barrels would be allowed between 6am and 10am. Commissioner Britton moved to adopt Order 2001-1051. Commissioner Cole seconded the motion. Motion carried unanimously.
Power Generation:
Sarah Hilderbrand has prepared a preliminary permit for Mason Dam. As discussed, they can always withdraw. The permit is good for 36 months, which allows for time to do studies. This is a competing application with Symbionics.
Commissioner Cole moved to proceed with the preliminary permit application for Mason Dam. Commissioner Britton seconded the motion. Motion carried unanimously.
Sarah Hilderbrand wanted to mention to the commissioner’s that Martha Prescott has written to her stating that she would like to donate property up near Cornucopia to the County and would like it to be used for environmental purposes. Ms. Prescott is wondering if the commissioner’s would be interested in this.
Scheduled Business continued: County Commissioner Selection:
Commissioner Cole stated that of the ten individuals, the Republican Central Committee has forwarded three names to fill the vacated position of Paul York. Those three are Tim Kerns, John Jacobson, and Eric Romtvedt.
Commissioner Cole was pleased with how each of the nine candidates were thoughtful and sincere in the desire to become commissioner.
Commissioner Britton stated that they have discussed the selection and moved to appoint Tim Kerns as County Commissioner to replace Paul York for the next 18 months. Commissioner Cole seconded the motion. Commissioner Cole commented that many people speak very highly of Tim. He will bring a deep agricultural background to the commission. Motion carried unanimously.
Commission Session Adjourned
Respectfully Submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners