February 2, 2011 Commission Session Minutes Page 6 of 6
COMMISSION CHAIR FRED WARNER, JR.
COMMISSIONER TIM L. KERNS
COMMISSIONER CARL E. STIFF, M.D.
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the February 02, 2011
Commission Session. Present were Commission Chair Fred Warner, Jr.,
Commissioner Tim L. Kerns and Commissioner Carl E. Stiff, M.D.
Citizens’ Participation: Dick Fleming had questions about communication with
the NRAC and Forest plan. Mr. Fleming would like to have the plan sent and
activated so that Baker County will be on record. Commissioner Warner agreed
and would like to have it sent to ODF and BLM.
Additions to the Agenda: Commissioner Warner noted that AOC has asked the
counties to donate money for the NACO Convention in Portland. He would like the
commissioners to think about a donation.
DEQ is putting in more rules that will affect municipalities, feed lots etc…
Commissioner Warner will write a letter and bring it back for the Commissioners
for approval.
Powder Valley Watershed would like to move into the train station. They would
pay the utilities.
Review/Approval of Minutes: Commissioner Kerns moved to approve the January 19,
2011 Commission Session minutes as presented. Commissioner Stiff seconded the
motion. Motion carried unanimously.
Scheduled Business:
Department Update: 911/Consolidated Dispatch ~ Jerry Boyd
Mr. Jerry Boyd was present before the board and stated that last year the 911
center processed 67 thousand calls for service. We have no vacancy of staff and
have maintained the same staff for several years. We currently have one
dispatcher on after midnight and one at 5 in the morning. The majority of our
budget is staff. We are averaging 2 a year on maternity leave and so our costs
are higher than normal. We would like to use the reserves to fill the spaces to
save on money. We have received a Homeland Security grant and this covers
reverse 911. We are ready to have it up and operational. This is a means to
communicate with cell phones, land lines, facebook etc… we can break this down
into sections or areas. They will click on the map and draw circles around the
area it will make thousands of calls in a minimal amount of time. This will
cover approx. 7 years of this service. We should be up and going by this
summer.
Updated Baker County Emergency Plan ~ Mark Bennett and Gary Timm
Mr. Bennett and Mr. Timm were present before the board. Mr. Bennett stated
that they have updated the plan and it is in the same format. Pretty much
everything is the same. We are asking that you sign the letter of promulgation
and approve the plan. No major changes, but several clarifications. The book
will be available at the Public Library. This format is common, our old format
kind of jumped around. This seems to work well. One area we have never had to
use is vulnerable populations. We didn’t have a way to notify them so we are
working with consolidated communications and we now have the tools to
communicate with them. Mr. Timm stated that we are working with other agencies
to strengthen our local area. We were the first county to have a cooperative
agreement with other counties.
Mandatory White top control proposed boundary change ~ Arnie Grammon
As the result of several things the weed board of directors would like to
expand the white top control area. Our boundary for Baker Valley includes parts
of Sumpter and all areas north and west of the freeway, we would like to expand
our boundaries to Sutton Creek east of the freeway, all waters that flow into
Thief Valley Reservoir are included in this. This is pretty easy to follow,
some of the boundary is in Union County and he will be working with them. He
would like to expand the boundary because the money is there now, last year
(2010) we did not max the line budget. We are doing a pretty fair job in the
mandatory white top control as we sit and we have a min. of 3 herbicides that
are legal to use on white top. Mr. Grammon stated that he can now purchase
herbicide for 10% less than used to be. Several of the herbicides are in
generic forms now.
We need to schedule a couple of meetings to expand our boundaries. He would
have the meeting in March when things are starting to bud out. This is a
multi-year process. You have to plan ahead. This will include working with
experts in the field. We do not want to make this a burden for agriculture
producers.
Commissioner Warner stated that we need to have a public meeting around the
first week of April. Mr. Grammon will notify the public.
Plan Amendment for 2 Aggregate Mining Operations in the EFU Zone. PA-10-002 ~
Tara Andrews
Commissioner Warner read the opening statement and then opened the public
hearing. Ms. Tara Andrews and Ms. Holly Kerns were present before the board.
Ms. Andrews summarized the report for the Commissioners. The Planning
commission reviewed this on Jan 27, 2011 and approved this with additional
conditions of approval. There were no comments on this. Commissioner Warner
continued this to the second hearing, Feb 16. 2011 at 10:00 am
Appeal of Pine Valley Rock pit Conditional use. CU-10-005 ~ Mark Bennett
Planning Director Mark Bennett and Ms. Tara Andrew were present before the
board. Commissioner Warner read the quasi judicial statement and then opened
the hearing.
Planning Director Mark Bennett and Ms. Andrews reviewed the application and the
appeal to the Board.
Ann Richards
8393 Southside Blvd.
Nampa Id. 83686
Ms. Ann Richards was present before the board. Ms. Richards a stated that she
is here to appeal Conditional Use-10-005 Pine Valley Land LLC. We are asking
for this to be reasonably fair. The planning Commission approved the pit with
working hours from daylight to dusk which could be 5:30 in the morning to 10:30
at night. We would like to see use only on the weekdays and not on Sundays.
The Commissioners then reviewed the findings of CU-10-005 and accepted them as
written.
Ms. Richard appeared before the board again.
Ms. Richards agrees with the first 4 of the Conditions of Approval, But would
like more information about how to file a claim with the insurance if needed
and about the work hours.
Commissioner Warner made a motion to approve Appeal 11-001(AP-11-001) with
enhanced Conditions of Approval as shown below. Commissioner Stiff seconded the
motion. Motion carried unanimously.
1. The applicants must establish the proposed use of an aggregate mining and
processing operations within two years from the date of this approval, unless
the applicants apply for and receive an extension prior to expiration of this
approval. The date of approval of the Conditional Use Permit shall be the date
the proposed aggregate site is added as a significant site to the Baker County
Comprehensive Land Use Plan Aggregate Inventory, if the Plan Amendment request
is approved.
2. Any and all blasting shall be done in accordance with all Federal and State
laws and regulations. All licenses and permits required for blasting shall be
obtained prior to commencement of any blasting.
3. The applicant shall obtain and submit copies to the Planning Department of
all required federal, state, or local permits for the aggregate mining and
processing operation including, but not necessarily limited to, DEQ and DOGAMI
permits.
4. Reclamation of the proposed site will be in conformance with the standards
and regulations of DOGAMI and DEQ, and the site shall be returned to its
original use (agricultural use and grazing).
5. The applicant shall observe all setback requirements as listed in Article 4
of the Baker County Zoning Ordinance.
6. The amount of aggregate extracted from the proposed mining site shall not
exceed 500,000 tons.
7. No crushers may be used at the pit.
8. The aggregate site may only be used for the removal of pit run for
restoration and mitigation projects.
9. The property owners must keep the existing buffers in place.
10. All blasting activities shall be coordinated with the Oregon Department of
Transportation.
11. Access approval for entrance onto the highway must be obtained from the
Oregon Department of Transportation. Any Oregon Department of Transportation
signage requirements must be complied with.
12. An Oregon Department of Forestry approved fire plan shall be submitted to
the Planning Department before mining commences. All Oregon Department of
Forestry standards and requirements shall be complied with.
13. A weed control plan approved by the Baker County Weedmaster shall be
submitted to the Planning Department before mining commences. All provisions of
the weed control plan shall be complied with.
14. Failure to comply with all conditions of approval may result in immediate
nullification of the land use approval contained herein.
15. The applicant/property owner must submit a detailed site map of the one
acre site, defining the location of the site, with dimensions, that meets the
approval of the Planning Director prior to commencing mining.
16. The applicant/property owner must provide the Baker County Planning
Department proof of liability insurance covering blasting activities,
sufficient to cover any and all damages, prior to commencing any blasting
activities.
17. The applicant/property owner must develop an erosion and reclamation
protection plan that meets DOGAMI and DEQ requirements.
18. The applicant/property owner must work with ODOT to establish a plan to
mitigate flood potential.
19. The applicant/property owner must notify all property owners within 1000
yards of the blasting site, in writing by certified mail, a minimum of 14 days
prior to any blasting taking place at the McLain Creek Rock Pit.
20. Operations are limited to 7:00 a.m. through 5:00 p.m., during weekdays
only, unless an emergency is declared by local, state or federal government.
21. The applicant/property owner must have a noxious weed plan approved by the
Baker County Weed Department.
22. Applicant must comply with all rules, ordinances and laws applicable to
this type of land use action.
Commissioner Warner closed the land use portion of the hearing.
Recognition of Water masters employee, Nathan Petrucci. ~ Elmer Hill and Aaron
Umpleby
Mr. Hill and Mr. Umpleby came forward to thank Nathan Petrucci and Marcy Hayes
for the good job that they are doing.
He would also like to recognize Ken Helgerson for a job well done.
Satellite Television ~ Rob Gentili
Mr. Gentili appeared before the board. He would like to have the Commission
sign the letter that he reviewed with Commissioner Warner last week. He has
letters from different people around the County that would like to see changes.
Commissioner Warner reviewed changes made to the letter. Mr. Gentili would like
a copy of the letter to send to direct TV. Commissioner Kerns made the motion
to approve the letter to Senator Merkley. Commissioner Stiff seconded the
motion. Motion carried unanimously.
Title II Project Northeast Oregon Forests Resource Advisory Committee & Baker
County Youth Summer Employment approval and request for additional funds for
2011 ~ Becky Guthrie
Ms. Becky Guthrie appeared before the board and gave a brief overview of the
Title II application. We are hoping for a crew in Baker and Pine/ Halfway area.
We would like to serve 12-15 young people. She would like a priority one for
the title II funding and has approval to ask for this through the Forest
Service. Commissioner Warner moved to approve the Title II Project.
Commissioner Stiff seconded the approval. Motion carried unanimously.
Ms. Guthrie would like to request additional funding of $6,000 for the Baker
County Youth Summer employment that the Forest Service will match. Commissioner
Kerns made a motion to approve $6,000 to set up 2 crews for the Baker County
Youth Summer employment in Baker County. Commissioner Stiff seconded the
motion. Motion carried unanimously.
EcoWest sole source provider for Mason Dam ~ Jason Yencopal
Eco west/Leslie Geecey has done biological assessments before. I would like to
continue working with Ecowest because they have all the background
information.
Commissioner Kerns made the motion to approve Order # 2011-102 EcoWest as a
sole source provider for Mason Dam. Commissioner Stiff seconded the motion.
Motion carried unanimously.
6. Documents to be Signed
Letter of Promulgation: Revised Emergency Operations Plan (EOP) for Baker
County.
Commissioner Kerns made a motion to approve the revised Emergency Operations
Plan. Commissioner Stiff seconded the motion. Motion carried unanimously.
Intergovernmental Agreement between the City of Halfway and Baker County.
Commissioner Kerns moved to approve the Intergovernmental Agreement with the
City of Halfway. Commissioner Stiff seconded the motion. Motion carried
unanimously.
Order # 2011-103 Re-appointing Gordon Colton to the Baker County Vector Control
Board.
Commissioner Stiff Made a motion to approve Order #2011-103. Commissioner Kerns
seconded the motion. Motion carried unanimously.
Order # 2011-105 Re-appointing Tony Constantine to the Baker County Vector
Control Board. Commissioner Stiff Made a motion to approve Order #2011-105.
Commissioner Kerns seconded the motion. Motion carried unanimously.
Order # 2011-106 Re-appointing Peggy Timm to the Baker County Museum Commission.
Commissioner Stiff Made a motion to approve Order #2011-106. Commissioner Kerns
seconded the motion. Motion carried unanimously.
Order # 2011-107 Re-appointing Dennis Dorrah to the NEOEDD Board.
Commissioner Stiff made a motion to approve Order #2011-107. Commissioner Kerns
seconded the motion. Motion carried unanimously.
Ratification of Documents
Amendment #21 to the 2009-2011 Intergovernmental Agreement for the financing of
Mental Health, Developmental Disability , and Addiction Services Agreement.
Commissioner Kerns made the motion to ratify Amendment #21. Commissioner Stiff
seconded the motion. Motion carried unanimously.
Agreement between Baker County and Sid Johnson & Company for repair as defined
in West Coast Forensics scope for work on the Baker County Courthouse.
Commissioner Kerns made the motion to ratify the agreement between Baker County
and Sid Johnson & Company. Commissioner Stiff seconded the motion. Motion
carried unanimously.
Other Business:
Comparison of Calendars:
Fair board meeting 02/02/11 at 6 p.m.
Commissioner Warner; Sage grouse meeting tomorrow in Burns
Commissioner Warner Partnership II: meeting at noon today
EDC meeting on the 8th at 5 p.m.
EO/DH meeting on the 9th at 8 a.m.
TLT meeting on the 16th North Baker
Commission Session on the 16th.
Commission Session was adjourned at 11:44 a.m.
Respectfully submitted,
Donna Thibodeau, Executive Assistant
Baker County Board of Commissioners