Baker County Board of Commissioner’s Session Minutes
January 17, 2007
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the January 17, 2007 Commission
Session. Present were Commission Chair Fred Warner, Jr. Commissioner Tim Kerns,
and Commissioner Carl Stiff.
Citizen Participation: ED Moses questioned the Commissioner’s Session Agenda
posting and the minutes on the Baker County web site.
Lisa Mallett explained the minutes are uploaded to the web site two weeks after
a session due to the fact that the minutes need to be approved by the
Commissioners. The Agenda is posted under the Press Releases, and is supposed
to be posted under the Agenda and Minutes. Lisa will talk to the County
Technology Department about the missing link. Thank you Mr. Moses for bringing
this to our attention.
Ed Moses asked for an update on the mental health review of Mt. Valley Mental
Health.
Commissioner Warner stated he received a DRAFT of the review from the State of
Oregon, and Mt. Valley has received as well. He stated it may be 2 weeks before
a final document will be released.
Additions to the Agenda:
Discuss Support Letter drafted by Commissioner Warner for the Mile 9 Vegetation
Management Project (Alternative 3).
Judge Lise Yervasi, A bond has to be in place for her official term as Justice
of the Peace. She has two people that have agreed to post a $10,000 bond.
Review and approval of Minutes: Commissioner Kerns moved to approve the January
3, 2007 Commission Session minutes as presented. Commissioner Warner seconded
the motion. Motion carried unanimously.
Schedule Business: Application for Oregon Department of Transportation
2007-2009 Discretionary Funds Grant.
Mary Jo Carpenter from Baker County Corrections would like the Commission to
review several grants for Community Connection of Northeast Oregon, Inc, and
Step Forward Activities, Inc., Special Transportation, due by January 31st.
The Transportation Advisory Committee met on January 10, 2007 to review
applications received for the 2007-2009 Discretionary Funds. In reviewing the
five applications that were received, the Committee recommended the application
from Step Forward Activities, Inc, and the two applications, entitled “Vehicle
Rehab, Bus #12” and “Bus Barn Rehab Project” from Community Connection, Inc.
They asked to rank the application from Community Connection, Inc., entitled
“Vehicle Expansion, 6 passenger minivans” as number 1 (one) for the Fiscal Year
07-08, and to rank the application from Community Connection, Inc., entitled
“Vehicle Expansion, 2 Trolleys” as number 1 (one) for the Fiscal Year 08-09.
Mary Jo gave a brief update on discretionary fund grant. The Grant program
through ODOT public transportation purchase is to replace vehicles, and a
certain amount of operations, Step Forward agency transportation committee
comes to Commissioners for approval.
Christena Cook presented a Staff Report recommending a vehicle replacement and
preventive maintenance for Step Forward Activities application, and Vehicle
rehabilitation for Bus #12 and Bus Barn Rehabilitation project for Community
Connection Inc.’s applications.
Ms. Cook’s recommendation for ranking Fiscal Year 07-08 Number One for
application for Community Connections Inc., Vehicle Expansion, 6 passenger
minivans. And Fiscal Year 08-09 Number One ranking application for Community
Connection Inc., - Vehicle Expansion, and Two Trolleys.
Ms. Carpenter continued to explain the needs in Huntington, a vehicle should be
placed there. A service expansion plan for Huntington would be to take the used
mini van, and use the new van here in town. She would like to expand existing
services, including drop ramps for wheelchairs, the local taxis are not
equipped.
The largest endeavor is to purchase two trolleys, working jointly with Union
County, and set up a fixed route system with the college in La Grande. Baker
County does not have a fixed route. There is an increased demand for
transportation. Putting in for a trolley, would enhance Baker County and Baker
City by creating and contributing to historic efforts, and tying into downtown.
The trolleys would be good for tourism. The trolleys have wooden seats, and
drop down windows. They are replicas of old-time trolleys and streetcars that
were used long ago in Baker City. La Grande would have an inter-city
connection, and they would run a bus between Baker County and La Grande 3 times
a day, especially benefiting students, and work place employees.
Brad VanGaasbeck, from Step Forward. Spoke about two replacement vehicles
between 1-10 years. One vehicle is smaller than the one it’s replacing and
better on fuel economic, he feels this is a reasonable request
Commissioner Kerns moved to accept the Application for Oregon Department of
Transportation 2007-2009 Discretionary Funds Grant. Commissioner Stiff
seconded. Commissioner Warner stated “Good work on these grants”. Motion
carries.
Measure 37 Applications:
Commissioner Warner restated rules of the process for the passing of a Measure
37 claim, first by the county then by the state. He encouraged interested
parties to come into the Planning Department and make whatever land use action
they would like.
1. Measure 37, Order No. 2007-202 M37-06-030 Charles and Joan Butler. The
applicants are requesting compensation in the amount of $63,952.50 or
modification of all land use regulations placed on the property since the
applicants’ date of ownership, July 29, 1986 for the property described in Deed
#86 30 87 and April 4, 1991 for the property described in Deed #91 15 007.
Property line adjustment was made and joined property lines. If a neighbor owns
the adjoining piece of property, they can have the property surveyed and Baker
County can come out and approve.
Staff recommends: Modify all land use regulations adopted by baker County from
the property owners’ date of ownership, July 29, 1986 and April 4, 1991, that
would restrict their use of the property.
Comments from Joan Butler: 1986 bought a piece, in 1989 bought a second piece
and would like to be able to do something with the 2nd piece build on it or
sell it sometime.
Commissioner Kerns moves to approve Order No. 2007-202 M37-06-030 for Charles
and Joan Butler, Commissioner Stiff seconded. Motion carries.
2. Measure 37 Order No. 2007-204 M37-06-032 Leonard & Sharon Knight
The applicants are requesting compensation in the amount of $100,00000 or
modification of all land use regulations that were adopted by Baker County
since their date of ownership for laws preventing construction of a permanent
residence on their property in the Exclusive Farm Use (EFU) zone.
Staff recommends: Modify all land use regulations adopted by Baker County from
the applicants’ date of ownership, March 3, 1992, that restricted their ability
to site a permanent residence on their property in the exclusive arm Use (EFU)
zone. 56 acres, no dwelling farm use, in 1992 took ownership. Measure 37
effects land use put in place.
Commissioner Kerns moves to approve Order No. 2007-204 M37-06-032 for Leonard &
Sharon Knight, Commissioner Stiff seconded. Motion carries.
3. Measure 37 Order No. 2007-201 M-37-06-029 Milton Prowell
The applicant is requesting compensation in the amount of $200,000.00 or a
waiver of all land use regulations adopted by Baker county since the applicant’
s date of ownership that prevent him from building a single family dwelling on
each parcel in the Timber Grazing (TG) zone.
Staff Recommends: Modify all land use regulations that were adopted by Baker
county from the applicant’s dates of purchase, September 22, 1192 and March 1,
1957. Applicant conditions to the approval fire safety conditions, page 7 and
fire safety standards.
Mr. Prowelll wants to know he can build on it later on, if that is what he
decides to do.
Commission Stiff moves to approve Order No. 2007-201 M-37-06-029 Milton Prowell
Commissioner Kerns seconded. Motion carries.
Noted for the record: The next Measure 37 case is the brother of Commissioner
Tim Kerns, who signed off on a deed in 1974 and 1977. Staff’s recommendation is
to allow Commissioner Kerns to observe but cannot vote on the Measure 37 Order
No. 2007-203 M37-06-031. Commission Kerns opted to leave the chambers.
4. Order No. 2007- 203 M37-06-031 James Kerns The applicant is requesting
compensation in the amount of $750,000.00 or modification of all land use
regulations that were adopted by baker County since his dates of ownership, May
7, 1974 and June 22, 1977, respectively, for laws preventing the construction
of an additional home(s) on the property.
Staff Recommends: Modify all land use regulations adopted by Baker County
since the applicant’s dates of ownership, May 7, 1974 and June 22, 1977,
respectively, that would restrict the applicant’s use of the property.
No comments from Mr. Kerns
The Media asked what relation a Planning Department member, Holly Kerns had to
the applicant. Holly stated James Kerns is her great uncle-in law and hence the
reason Laura Livingston is processing the claim.
Commission Stiff moved to approve. Commissioner Warner seconds the approval of
Order No. 2007- 203 M37-06-031 James Kerns. Motion carries.
5. Order No. 2007-200 M37-06-028 Fred Warner Jr., Commissioner Warner stated
there is a conflict, and he stepped down from the Commissioner’s chair and was
only an observer. The applicant is requesting compensation in the amount of
$190,00000 or modification of all land use regulations adopted by Baker county
from the applicant’s date of ownership, October 19., 1981, that restrict his
ability to site a permanent residence on the property in the Exclusive Farm Use
(EFU) zone.
Staff Recommends: Modify all land use regulations that restrict the use of the
applicant’s property that were enacted after his date of ownership, October 19,
1981
25 % ownership in everything.
Holly Kerns recapped ORS 197 at the state level, and stated their department
looked at Commissioner Warner’s claim very carefully.
No comment from Mr. Warner
Commission Stiff moved to approve. Commissioner Kerns seconds the approval of
Order No. 2007- 200 M37-06-028 Fred Warner Jr. Motion carries.
Citizen Participation regarding Measure 37 Cliams: Christopher Christie had
multiple questions during the session for the Measure 37 claims, and submitted
his typed comments. During the session Laura Livingston from the Planning
Department stated Christopher Christie questions are Planning Commission
questions, and will be answered at a planning commission. The Baker County
Planning & Community Development Department addressed Mr. Christie’s concerns
in a letter dated January 22, 2007.
Scheduled Business:
Parks Department, Presentation Hells Canyon Scenic By-Way, Lorrie Harvey and
Alice Trindle A very impressive PowerPoint presentation was given by Lorrie
and Alice. They gave an overview of the progress and success of the Hells
Canyon Scenic By Way, and thanked the Commissioners for their support. Alice
also thanked Lorrie Harvey. They operate under the Baker County Visitors
Associations with collaborative efforts from local government, city and
destination marketing, the Forest Service, BLM, Tribal Agencies, ODOT, Travel
Oregon and the Tourism Commission.
Community Meetings are held in Baker County, Union County, and Wallowa County.
Features have appeared in Discover Oregon Scenic Byways Magazine, Trip Planner,
and they are meeting with International Tours to promote the Scenic Byway.
One of their goals is to be the BEST in the Nation. They were designated an All
American Road in 1992, 1996 and 2000, and that places them in the highest
possibility for receiving grant funds. Future Goals include:
· Showcase the unique, diverse and outstanding scenery in Northeast Oregon
· Stimulate the local economies of Northeast Oregon in all seasons
· Upgrade and improve pubic land facilities
· Maintain the remote and rugged character significant of the rural lifestyle
· Tell the stories significant to the byway through completion and
implementation of an interpretive plan
FHWA 20005 Discretionary funds HCSB Phase II, project totals were $136,000,
another grant HCSB Phase III, was approved, but not yet appropriated is for
$56,785.
They include information about an Interpretive Plan, Community Outreach and
Readiness, Promoting the Byway, strategic Marketing.
The Commissioners and audience were given a challenge, Alice and Lorrie handed
out three beautiful brochures, stating keep one and give two away.
Jim Young Watershed Council: Discussed the issue about a needs assessment for
flood waters in Pine Creek, they appointed the committee and develop a work
plan, then sent a request for supplement to the work plan.
Mr. Young explained the work plan and discussed the needs and gave a progress
report.
Commissioner Warner asked if you or members of the committee have goals
outlined? What will we have in the end. Will there be enough of a plan to go to
developers and have a systematic effect and plan development. The response was
not a lot of development coming but will have a plan and there are changed
attitudes now.
Action plan used by planners and land use owners regarding bank erosion along
the side of the creek that is causing problems would be to re-channel 2 miles
of creek. More details will be identified and they will ask for help to fix the
problem.
Some items that need to be identified would be to bring together stakeholders
and groups from the agencies for more involvement. They would have some of the
folks write the plan and receive input from both state and local, federal and
private.
2nd establish a baseline, not a detailed analysis of the work plan and they
would find out what has been done in the past.
3rd education campaign on how water and creeks operate. Look for grant funding
to support that effort to make it work.
People are acutely aware of what happened in the past and we have to only look
at this spring to see what problems are to come.
PBWC is having a funding crisis. Council has 2-3 grants but the money is not
coming through until later, they are cash poor now, until June 30. They need 21
days of funding, $2,722.00 to start work on the Pine Creek Watershed.
We could write additional letters of support, and start to get something
accessed. Commissioner Stiff moved to appropriate $2,722.00 for Powder basin
Watershed Council, Pine Creek assessment, Commission Kerns seconded. Motion
carries.
Scheduled Business:
Carl Swinyer Driver for DAV Disabled American Veterans
Mr. Swinyer stated he drives more vets everyday, running 5 days a week, he had
6 on the way over, he is running loaded everyday. There are over 500 & 600 vets
using the Boise hospital. They need a new Ford van for 2007, our share is
$11,000 we have $8500 on hand, we are short about $2,000. We need it by the
middle of February.
Commissioner Warner asked how do you accumulate cash on hand? They sell the old
for $6500 put that in certificate. Ashgrove Cement has given us $500 in the
past, but not this year. They used to get donations for helping with funerals,
but the National Guard is getting the work for the funerals now.
The VA hospital in Boise is a great hospital, but if a patient is really bad he
has to go to Seattle or Portland the VA helps with gas and tires, oil and
services. Commissioner Warner asked why don’t they help more? At $22000 per
van; this is the 7th van purchased. Colorado trust fund picks up part of it,
from a disabled fund. Our Chapter has to pay the first $11,500. Drivers are
volunteers, in the winter they have 6 drivers, in the summer they have 10-12.
If they cannot purchase a van some vets would not have any transportation.
Commissioner Warner stated we don’t have any money budgeted, but we can’t vote
not to give them money. Fred will work with Arda Johnson over the next couple
of years, he thinks the VA should help more. The Commissioner thanked Carl
Swinyer and his volunteers for helping.
First Bank Veterans Van Fund will take donations. Bill Harvey’s Construction
will help donate $1,000.00 per Lorrie Harvey.
Fred moves to donate to Disabled American Veterans (DVA) $2,000. Commissioner
Stiff seconded. We understand you won’t have to come back to us in the future
for funds because you are working on getting more funds from the Veterans
Administration according to Arda Johnson with the Veteran’s Services. Motion
carries. Funds will be distributed from contingency budget.
Scheduled Business:
Parks Department Resolution No. 2007-1004 Authorizing an Interfund Loan from
the General Fund to the Parks Fund. Parks Department Director, Lorrie Harvey
presented Resolution No. 2007-1004 stating $323,000 is owed to Becker
Construction, according to our grant. Lorrie asked that authorization be
granted to send Becker Construction, next Monday. Commissioner Stiff moves to
accept Resolution No. 2007-1007, Commissioner Kerns seconded. Motion carries.
County Parks Employee: Parks Department Director, Lorrie Harvey presented a
staff report indicating the need for a part time seasonal employee at $7,000.
Ed Elms agrees with the timing and will take before the Parks Board first then
bring back to Commissioners.
Staff Report was submitted from Lisa Mallett to Re-appoint Committee Member to
the Renewable Energy Committee. Oregon No. 2007-205 re-appointing Randy Joseph
to the Renewable Energy Commission. Formerly the Power Generation Committee.
Commissioner Kerns moved to re-appoint Randy Joseph to the Renewable Energy
Committee, Commissioner Warner seconded Order
No. 2007-205. Motion carries.
Resolution No. 2007-1001 Unanticipated Revenue within the Immunization
Department of the County Health Fund: Revenues from Federal Government Grants
$120,000, Expenditures, Vaccine Expense Federal $120,000. Commissioner Kerns
moved to adopt Resolution No. 2007-1001, Commissioner Stiff seconded. Motion
carries.
Resolution No. 2007-1002 Unanticipated Revenue within the Non Departmental
Department of the Weed Control Fund. $35,000.0 Revenues from the BLM,
amendments to the budgeted resources and appropriations for expenditures
Commissioner Kerns moved to adopt Resolution No. 2007-1002, Commissioner Warner
seconded. Motion carries.
Resolution No. 2007-1003 for the 2005-2006 Audit Deficiencies and Proposed
Corrective Measures. Commissioner Kerns moved to adopt Resolution No.
2007-1003, Commissioner Stiff seconded. Motion carries.
Review of the January 16, 2007 support letter to ken Anderson, Whitman District
Ranger for the Mile 9 Vegetation Management Project (Alernative 3).
Commissioner Stiff moved to approve the letter, Commissioner Kerns seconded.
Motion carries to hand deliver the support letter
Review and Sign Undertaking of Justice of the Peace WHEREAS, Lise Yervasi that
has been duly elected Justice of the Peace in and for District 1, in the County
of Baker, at an election held on the 16th day of May, 2006, Milo Pope and Gary
Marlette undertake that if Lise Yervasi shall not faithfully pay over according
to law all monies that shall come into the hands of Lise Yervasi by virtue of
such office, then they, will pay to the State of Oregon the sum of $10,000.
Commissioner’s moved to sign documents submitted.
Comparison of Calendars:
January 17, 2007 Renewable Energy Committee
January 18, 2007 Mayor’s Council / Richland, New Bridge
January 22, 2007 TLTC
January 24, 2007 Special Session Tim Wallendar Appeal Planning Dept.
January 25, 2007 Commissioner Stiff County College
January 26, 2007 Commissioner Kerns Work Source Mtg
January 29, 2007 Commissioner Warner NHTIC Mtg
February 1, 2007 Commissioner Warner NEACT Mtg La Grande
February 5, 2007 Commissioner Warner BEGIN application Review
February 6, 2007 EDC Mtg
February 7, 2007 Commission Session
February 7, 2007 Public Meeting – Baker County Mental Health Program
Adjourned 12:25 p.m.
Respectfully Submitted,
Lisa Mallett
Executive Assistant
Baker County Board of Commissioners