April 15, 2009 Commission Session Page 5 of 5
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 April 15, 2009 Commission
Session. Present were Commission Chair Fred Warner, Jr and Commissioner Tim L.
Kerns.
2. Citizen’s Participation:
· Ms. Alice Knapp was present to discuss the importance of jobs provided by Ash
Grove Cement Plant to the Baker County economy.
· Mr. Art Sappington was present to discuss an incident between a miner and an
off-road rider and the laws that reside with the miner on public lands.
· Mr. Guy Michael wondered if we had received the Draft Environmental Impact
Statement from the Forest Service regarding their natural resource plan and if
we were willing to coordinate with them on the topic.
· Mr. Ed Hardt briefly discussed the cap and trade issue facing Ash Grove.
· Mr. Bill Harvey stated that he would like to see a portion of the property
taxes of new homes go towards funding the Baker County Road Department.
3. Review/Approval of Minutes:
Commissioner Kerns made a motion to approve the April 1, 2009 Commission
Session minutes as presented. Commissioner Warner seconded the motion. Motion
carried.
5. Additions to the Agenda:
· Wildfire Awareness Week Proclamation: Commissioner Kerns made a motion to
declare May 3rd through May 9th, 2009 as Wildfire Awareness Week. Commissioner
Warner seconded the motion. Motion carried.
· MOU with ODFW: The MOU between Baker County and ODFW is to remove yellow
perch from Phillips Reservoir for the purpose of improving the recreational
fishery. Baker County will provide temporary workers, a backhoe, two Sheriff
boats and deputies to assist in the project. ODFW will provide the equipment
and nets needed to trap and haul the fish to a rendering plant in Idaho. The
project is expected to take ten days to complete and will cost the County
approximately $10,000. Commissioner Kerns made a motion to approve the MOU
with ODFW. Commissioner Warner seconded the motion. Motion carried.
· Letter endorsing AgriCycle—a new business that plans on recycling used baling
twine. Commissioner Kerns made a motion to approve the letter in support of
AgriCycle. Commissioner Warner seconded the motion. Motion carried. Ms. Sara
Bates, owner of AgriCycle, contacted the Commisisoner’s office later that day
to notify the Commissioner’s of a name change of the company to East Oregon
Plastics.
6. Scheduled Business
a. Public Hearing: Community Connections of N.E. Oregon Housing Resource Center
CDBG grant sponsorship.
Ms. Lynne Ewing, HRC Manager, and Margaret Davidson, Community Connections
Director, were present to request CDBG grant sponsorship from Baker County for
the Housing Resource Center operations. The two-year grant is for $96,000 and
will be used to conduct home ownership seminars, renter educational classes,
and counseling for those who may be going through the foreclosure process.
Commissioner Warner opened the public hearing for testimony. Having none,
Commissioner Warner closed the public hearing. Commissioner Kerns made a
motion to have Baker County sponsor the Community Connections Housing Resource
Center CDBG grant. Commissioner Warner seconded the motion. Motion carried.
b. Department Update: Mason Dam/Facilities
Mr. Jason Yencopal reported that the Facilities Department has hired two new
employees, Vince Woods, and Nathan Petrucci. Their department has been working
on a variety of projects and will soon be preparing the clock tower area for
the arrival of the clock to be installed by June of 2009. They also plan on
replacing the sidewalks starting with the southeast portion as well as
re-sealing the parking lot. They are currently in the process of finding a
mason to repair the Courthouse steps and they plan on refinishing the floor in
Circuit Court. They are looking at grants to provide partial funding for a new
sprinkler system. In the years to come, they will be addressing the aging
trees and will come up with a plan on replacing them.
The Mason Dam project just finished their second field season meeting in
March. Very few comments were submitted. Mr. Yencopal will be meeting with
the Oregon Department of Energy later this month to discuss funding. In
August, the 401 draft application is due to the Oregon Department of
Environmental Quality. The preliminary license is due to FERC that month.
Also due in August to the Oregon Water Resources Department is the draft
application of the water right permit.
c. Plan Amendment PA-09-001 for Ellingson Lumber Co.:
Commissioner Warner reviewed the public hearing procedure. Ms. Lauri Hoopes
reported on the Comprehensive Land Use Plan requirements. Ms. Hoopes along
with Ms. Holly Kerns reviewed the staff report. Mr. Rob Ellingson presented
his testimony in support of the application. However, he would like to see the
following conditional uses be considered as permitted uses:
G. Convenience stores.
I. Manufacturing, compounding, fabricating, processing, repairing, and
packaging.
J. Processing, manufacturing, sorting, storing, and warehousing of wood
products.
One of the reasons for those items falling under conditional uses was so the
Planning Commission could take testimony from neighbors and other concerned
citizens prior to its approval.
Commissioner Warner asked for public testimony in support of the application.
Having none, Commissioner Warner asked for public testimony in opposition of
the application. Mr. Terry Schmoe, an adjacent landowner, stated that he would
like to keep the conditional uses in place for reasons of having a voice on the
proposed items should they come up in the future.
Commissioner Warner asked for a rebuttal of the testimony provided. Mr. Rob
Ellingson asked if the Forest Service, another adjacent landowner, had made any
comments. No comments were received in time for the hearing.
Commissioner Warner asked for further comments from staff.
Mr. Mark Bennett stated that “J” was created by the Planning Commission so that
if odors or fumes were involved, the community would have an opportunity to
comment. He also stated that the conditional uses listed by Mr. Ellingson
along with “F”, which is Public Use Buildings or use, could be considered
permitted uses if the Commissioner’s chose to do so.
Ms. Kyra Rohner of Coughlin, Leuenberger, and Moon was present on behalf of
Dave Moore, who could not attend the hearing, to state his objects to the
proposed plan amendment. Ms. Rohner stated that Mr. Moore would like to be
notified of any additional hearings.
Having no further testimony, Commissioner Warner closed the hearing.
Commissioner Warner believes that “F” and “G” should be permitted uses. He
does not believe that traffic will be an issue for those uses. He is undecided
on “I”. Commissioner Kerns stated that he is in favor of allowing “F”, “G”,
“I”, “J”, and “K” as permitted uses. Commissioner Warner stated that he would
like to keep “K” as a conditional use. Mr. Bennett agreed with Commissioner
Warner.
Mr. Bennett stated that a decision must be made within 30 days of the final
hearing. The next public hearing shall take place on May 6th, 2009 at 10:00
a.m. at the County Courthouse. In the mean time, considering Commissioner
Stiff was not present, the Commissioners will submit their comments to the
Planning Department regarding this issue and will take further testimony at the
next public hearing and will make a decision at that time.
d. Contract Review Board
1. 2009-2010 CAFFA Property Tax Grant Application: This State funded grant is
through the Department of Revenue and will be used to keep Baker County in
compliance with statutes requiring equity and uniformity in the system of
property taxation. Baker County is expected to receive approximately
$208,296. Commissioner Warner made a motion to approve the grant application.
Commissioner Kerns seconded the motion. Motion carried.
2. American Recovery and Reinvestment Act (ARRA) Agreement #25519 with the
Baker County Road Department. After reviewing the agreement it was discovered
that there was an error made on the project description. As it reads the Road
Department will be conducting work on Wingville Lane #1122 from mile post
0-4.76 that would consist of “…grinding of existing pavement, the placement of
base rock and the application of two 2-inch lifts of pavement on Wingville Lane
from MP 0.0 - MP 4.76” for a project cost estimated at $450,000. Mr. Ken
Helgerson of the County Road Department stated that the agreement is incorrect
and that they will be conducting a two-layer chip seal between MP 0.0 and MP
4.76 for an estimated cost of $450,000. They would like to request the
Commissioners to approve the agreement today and sign the agreement outside of
Session once the changes have been made due to the short timeline.
Commissioner Warner made a motion to approve the ARRA Agreement #25519 with the
changes made as described above and will sign the agreement outside of
session. Commissioner Kerns seconded the motion. Motion carried.
e. Burnt River Hardman Dam Presentation. Mr. Lynn Shumway along with Jerry
Rice presented to the Commissioners a project to build a dam southwest of Unity
along the South Fork of the Burnt River. They would like to include
approximately 1,000 acres along the North Fork, which would require pumping the
water. The reservoir would contain 14,000 acre-feet of water with 2,000
acre-feet reserved for recreational use. The Burnt River Irrigation District
commissioned Pacific Habitat Services of Wilsonville, OR to do a “fatal flaw”
analysis, which resulted in 41.2 acres of wetlands that would require
mitigation. The next step of the process would be to obtain funding for a
feasibility study. When the project was first initiated, they had obtained a
twenty-year water reservation with a progress report due every five years.
Since no work has been done on the project there have not been any reports and
they are looking to extend their permit before the 2016 expiration date.
Commissioner Warner stated that the Commissioners would need to have a more
definitive action plan from the District in order to support the project.
7. Documents to be signed:
a. Order No. 2009-131: Appointing Roxanna Swann to the Transportation/Traffic
Safety Commission for a term set to expire on July 1, 2011. Commissioner Kerns
made a motion to approve Order No. 2009-131. Commissioner Warner seconded the
motion. Motion carried.
b. Order No. 2009-132: Appointing Erik Plaza to the Transportation/Traffic
Safety Commission for a term set to expire on July 1, 2011. Commissioner Kerns
made a motion to approve Order No. 2009-132. Commissioner Warner seconded the
motion. Motion carried.
c. Order No. 2009-133: Appointing Brandie Lincoln to the TLT Marketing
Committee for a term set to expire on April 1, 2010. Commissioner Kerns made a
motion to approve Order No. 2009-133. Commissioner Warner seconded the
motion. Motion carried.
d. Order No. 2009-134: Re-appointing Tyler Brown to the TLT Marketing Committee
for a term set to expire on April 1, 2010. Commissioner Warner made a motion
to approve Order No. 2009-134. Commissioner Kerns seconded the motion. Motion
carried.
e. Order No. 2009-135: Appointing Alyssa Peterson to the TLT Marketing
Committee for a term set to expire on April 1, 2010. Commissioner Warner made
a motion to approve Order No. 2009-135. Commissioner Kerns seconded the
motion. Motion carried.
f. Order No. 2009-136: Appointing Kevin Bell to the Baker County Parks &
Recreation Advisory Board for a term set to expire on March 1, 2012.
Commissioner Kerns made a motion to approve Order No. 2009-136. Commissioner
Warner seconded the motion. Motion carried.
g. Resolution No. 2009-1014 Appropriation of Unanticipated funds to be expended
in the Sheriff Department of the County General Fund. Commissioner Kerns made
a motion to approve Resolution No. 2009-1014. Commissioner Warner seconded the
motion. Motion carried.
h. Resolution No. 2009-1015 Appropriation of unanticipated funds to be expended
in the non-departmental department of the Fair Board Fund. Commissioner Kerns
made a motion to approve Resolution No. 2009-1015. Commissioner Warner
seconded the motion. Motion carried.
i. Resolution No. 2009-1016 Appropriation of unanticipated funds to be expended
in the non-departmental department of the Fair Board Improvement Fund.
Commissioner Warner made a motion to approve Resolution No. 2009-1016.
Commissioner Kerns seconded the motion. Motion carried.
8. Documents to be ratified:
a. Letter to Environmental and Natural Resources Committee regarding SB80 and
HB2186 and Letter to DOGAMI regarding the closing of the Baker City office.
Commissioner Kerns made a motion to approve both letters. Commissioner Warner
seconded the motion. Motion carried.
9. Other Business
a. Comparison of Calendar
04/22/09 TLTC Meeting
04/28/09 NRAC Meeting
05/06/09 Commission Session
10. Adjourn
The April 15, 2009 Commission Session was adjourned at 12:20 p.m.
Respectfully Submitted,
Heidi Martin, Executive Assistant
Baker County Board of Commissioners