Minutes: Board of Commission Meeting, 05/02/2007 COUNTY COMMISSIONER CHAIR FRED WARNER, JR
COUNTY COMMISSIONER TIM L. KERNS COUNTY COMMISSIONER DR. CARL STIFF
COMMISSION CHAIR FRED WARNER, JR. COMMISSIONER TIM L. KERNS COMMISSIONER CARL E. STIFF, M.D.
BAKER COUNTY BOARD OF COMMSSIONERS
The Baker County Board of Commissioners met for the May 2, 2007 Commission Session. Present were Commission Chair Fred Warner, Jr., Commissioner Tim L. Kerns, and Commissioner Carl E. Stiff, M.D.
Review/Approval of Minutes
Commissioner Stiff made a motion to approve the April 18th, 2007 minutes. Commissioner Kerns seconded the motion. The motion passed unanimously.
Additions to Agenda:
*Postage Machine Update—Christena Cook, Administrative Services Director
Scheduled Business:
Department Update: Juvenile Department
Juvenile Department Director Matt Shirtcliff and counselor, Staci Erickson were present before the board to discuss personnel and budget changes. Mr. Shirtcliff would like to promote Ms. Erickson from a counselor to a supervisor. This would allow Ms. Erickson to have more authority to deal with the juvenile counselors and budget issues. Ms. Erickson would also be involved in the day to day policy implementation. It would also help to have someone available to make decisions in Mr. Shirtcliff’s absence. Mr. Shirtcliff hopes to have this new change go into effect with the start of the new budget year.
Overall Mr. Shirtcliff reported the juvenile department to be in good shape. The counselor’s are very caring and it can be seen in their work. The Juvenile Department has experienced one of the lowest years for juvenile crimes. The counselors are currently handling 95 kids on their criminal case loads. Major crimes for juveniles including prison time is down. The drug and alcohol issues are down. Commissioner Stiff questioned what was being done to the adults who were supplying the kids with drugs and alcohol. Mr. Shirtcliff responded that the narcotics team handled those issues and that they try to get enough information to back track to the source, but that it sometimes proved to be difficult. If the source is caught, there is mandatory jail time issued. Mr. Shirtcliff also informed the board of the Rewards and Reminders Program that ensures vendors are checking for identification and proof of age. Petty theft has increased slightly, but it’s an issue that the juvenile department is working on. Mr. Shirtcliff also briefly discussed the addition of juveniles to the adult drug court program. This program has proven to be very effective and if the funds were available, it would require another counselor to help manage the program. Right now the department is pushing to be more involved in the schools. They want to develop a stronger relationship with the school counselors. They also hope to get the parents involved in what the kids are doing because in most cases, the crimes won’t be repeated if the parents are involved.
The juvenile counselors have been active in attending training sessions. Ms. Erickson reported on several training sessions that teach the basic fundamentals involving the court system and how to deal with sex offenders, mental health issues and drug and alcohol abuse. Ms. Erickson also noted that the counselors have continued to work with outside sources such as the Mountain Valley Mental Health Department and the Alternative School.
The department currently has two grants that provide funds. They are the JCP Grant and JAIBG Grant. The funds are used for kids who don’t have the money to pay for vandalism or property damage that they may have caused. The kids provide community service and earn the grant funds to help pay for the damage.
Department Update: District Attorney’s Office
So far this year, Baker County has seen two murders, several sex abuse cases, and assaults. There was a big push to stop production of meth labs which has proven to be effective. Mr. Shirtcliff reported community involvement and putting meth ingredients behind the counter has helped reduce the number of meth labs. He thinks it’s important to have a narcotics team visible to help deter drug users from moving into the area.
Mr. Shirtcliff also reported on the Asset Forfeiture Agreement. According to this agreement, if there is an asset, such as a car, involved in a crime, that car will be seized and sold. Forty percent of the funds from the sale could then be used in criminal investigations, clean up and treatment in Baker County. The downfall is that it typically takes a lot of time to get through the court system.
Proclamation-- Wildfire Awareness Week:
Mr. Gary Timm was present before the Board to report on Wildfire Awareness Week for the week of May 6th, 2007 through May 12th, 2007. The purpose of Wildfire Awareness Week is to provide information on fire prevention and planning. Mr. Timm reported on an insert that will be sent out in all of County’s newspapers that will help educate homeowners on how to prevent fires around their homes. Mr. Timm expressed gratitude to Sterling Bank for their support in printing the inserts. Commissioner Warner commended Mr. Timm on his work and thought it to be very useful considering the possibility of a drought year in Baker County. Commissioner Stiff moved to accept Fire Awareness Week. Commissioner Kerns seconded the motion. Motion carried.
Special Transportation Fund Grants:
Mary Jo Carpenter was present before the Board to discuss STF Grant funds. Community Connections and Step Forward use the funds for their daily operations, personnel costs, and maintenance costs.
Commissioner Warner moved to endorse the applications for STF program funds for Community Connections $23750, and Step Forward $14250 for the proposed biennium. Commissioner Stiff seconded the motion. The motion carried unanimously.
Ms. Carpenter also notified the Board that May 18th at 3pm there will be a pie social at Community Connections to honor those who are 90 years of age or older or those who are celebrating 50 or more years of marriage. All are welcome to attend.
Ms. Carpenter will also be speaking about transportation issues in NE Oregon at a national conference during the week of May 20th in Reno, Nevada.
Update from Oregon Department of Fish & Wildlife:
Mr. Nick Myatt, Baker District Wildlife Biologist, and Mr. Leonard Erickson, District Wildlife Biologist was present before the Board. Mr. Myatt, who replaced former wildlife biologist George Keister, briefly reported on personnel changes within the local ODFW office before addressing the state of the wildlife within Baker County.
Mr. Myatt reported a good survival rate for deer. There is a high buck ratio for all four units of Baker County. Because of the strong populations, there will be an increase in buck tags in all units. There has been a decrease in calf elk ratios. The number of hunting tags allowed will remain the same except for the Sumpter unit, which will see a big decrease in cow elk tags due to the steady decline in calf populations in the northern Sumpter unit. The Rocky Mountain Goats have seen very productive populations in North America with almost 200 goats. The ODFW has been successful in trapping and transplanting the animals. They trap between 12 and 20 goats and remove up to 20 animals per year. They hope to continue to transplant and move animals to the Strawberry Mountain Wilderness area in Grant County. There will be two tags for the Rocky Mountain Goats. The Big Horn Sheep consists of two herds. Their populations have diminished from 60-80 animals to just 20 now. Disease seems to be the cause of their decline. There is some concern that the populations could diminish completely. Just south of Fox Creek off of the Brownlee Reservoir the herds appear to have good numbers. There are two ram tags available for that area. The Burnt River Canyon is the only herd that has California Big Horns. The herd appears to be maintaining at 70 animals. However, a low number of lambs this year indicate a slight decline. There is one Big Horn tag available for that area. There have been several wolf reports throughout Oregon, primarily in Baker, Union and Wallowa Counties. These sightings may be due to a migration of wolf packs moving in from Idaho. The ODFW staff is working to follow up on sightings, tracks, kills, etc. At this point, the ODFW is not confirming an establishment of wolves in Baker County. ODFW will continue to be trained on how to handle the wolves. If there is a sighting, staff members will trap and put a collar on the wolf to track it. Mr. Myatt also reported that a decision to delist the wolves from the Endangered Species Act is under way and could be finalized next January. Right now staff members are trying to assist private landowners in dealing with wildlife damage. One of the problems this winter has been dealing with cougars who have been hanging around the elk feeding stations. This has forced the elk to move down into the valley onto private ground. In order to gain control of the situation, the ODFW went in and had the cougars removed. Commissioner Warner questioned how long it would take for the elk to move back to the feeding stations once the predators were removed. Mr. Myatt replied that their staff acted quickly on the situation once they were notified and that the elk typically were back to the feeding stations within a few days. Commissioner Stiff wondered if the small elk herds in Sumpter were due to cougars. Mr. Myatt commented that it was hard to tell considering that this was the first year that their population numbers were low. Mr. Erickson added that in the Sled Springs area, they had added collars to the cougars, which helped them to determine that the cougars were the primary factor in calf elk deaths. Mr. Erickson reported that there seems to be a significant increase in the number of cougars. Commissioner Warner asked about a State Management Plan for cougars. Mr. Erickson said that through the Commission, they can propose a target area and can do treatments there due to depressed or declining herds. Commissioner Warner also asked how the ODFW was going to deal with wolf predation. Mr. Myatt stated that the district staff would respond to a kill and will work with the US Fish and Wildlife or Wildlife Services. They currently don’t have an active program, but they are willing to work with landowners in trying to build a program. Commissioner Kerns wondered who was going to pay for the predator control. Mr. Erickson responded that a plan hadn’t been worked out yet, but that they would work through federal requirements to try and develop something. There was a brief discussion on the landowner preference tags which is set to sunset in 2009. The ODFW will put together a task force to review and make recommendations for changes.
Measure 37 Applications:
Ms. Holly Kerns and Ms. Laura Livingston were present before the Board and stated the criteria that was to be met by all Measure 37 applications.
1. M37-06-045: Howard Payton
Location: Tax lot 100 in Section 27 of Township 8S, Range 39E, 155.35 +/- acres
Tax lot 4300 in Sections 13 and 14 of Township 8S, Range 39E 113.55 +/- acres
Request: Compensation in the amount of $1,000,000 or modification/removal of all land-use regulations since date of ownership, May 29, 1999.
Ms. Kerns reported that both property pieces were zoned EFU The claimant acquired the property by inheritance form his father, who meets the definition of a ‘family member’ under ORS 197.352 11 (Q). Based on the date of the claimant’s family member’s ownership, the claimant is able to claim a reduction in fair market value as a result of the implementation of land use regulations that restrict the use of the property. The claimant’s father, John A. Payton, purchased the property on June 30, 1932 and March 3, 1958.
It is the recommendation of Baker County Planning and Community Development to not apply any land use regulations that were or will be adopted or enforced by Baker County that restrict the owner’s use of the property from the date he acquired an interest in the property.
2. M37-06-068: Dwight & Lorna Board
Location: Tax Lot 2000 in Section 7 and 18 of Township 7S, Range 38E, 234.21+/- acres
Tax Lot 600 in Section 4 of Township 8S, Range 29E, 39.09+/- acres
Tax Lot 600 in Section 14 of Township 8S, Range 29E, 65.98 +/- acres
Tax Lot 700 in Sections 3 & 4 of Township 8S, Range, 39E 89.41+/- acres
Tax Lot 800 in Sections 3 & 4 of Township 8S, Range, 29E 70.91+/- acres
Request: The applicants are requesting compensation in the amount of $1,912,810 or modification/removal of all land use regulations that were adopted by Baker County since their dates of ownership, May 19, 1965, March 20, 1973, and February 5, 1986 for Lorna and July 2, 1971 and December 28, 1998 for Dwight. The property was placed under the Board Ranch Limited Partnership on December 28, 1998, which then constituted a significant change in ownership and therefore, a break in ownership for the purposes of this Measure 37 claim. Therefore, the Planning Department recognizes December 28, 1998 as the ownership date for the current owner for the purposes of this claim.
Ms. Kerns stated parcel 1 to zoned as Timber-Grazing (TG), parcel 2-5 are Exclusive Farm Use (EFU) and parcels 4 and 5 are within the Powder River flood zone. The Planning Director made the initial determination that the application is a valid Ballot Measure 37 claim. The applicant’s proposed use was to divide the property into residential lots. The Board’s along with their attorney have requested more time to review the request.
Commissioner Warner moved to table the Board claim until June 6th, 2007. Commissioner Kerns seconded the motion. Motion carried unanimously.
3. M37-06-074: Phillip & Pauline Nicely
Location: Tax Lot 300 in Section 30 of Township 9S, Range 44E, 144.10 +/- acres
Request: Compensation in the amount of $1,649,000 or modification/removal of all land use regulations that were adopted by Baker County since their date of ownership, May 9, 1977.
Ms. Kerns stated that the property is zoned as EFU and consisting of approximately 144 acres. The applicant’s proposed use is to divide the property into buildable parcels.
Commissioner Stiff moved to approve the claim by Order No 2006-074. Commissioner Kerns seconded the motion. Motion carried unanimously. Commissioner Warner moved that in lieu of compensation, Baker County would waive land use regulations to the date of ownership, subject to conditions of approval in the staff report. Commissioner Stiff seconded the motion. Motion carried unanimously.
4. M37-06-077: Ethel LaVelle Ernest
Location: Tax Lot 900 in Section 5 of Township 8S, Range 38E, 40+/- acres
Request: The applicant is requesting compensation in the amount of $70,000 or modification/removal of all land use regulations that were adopted by Baker County since A.L. and Wreatha Hudson’s date of ownership, June 1, 1962.
The applicant’s proposed use is to expand and modernize an existing cabin so as to qualify it as a residence for recreation and timber management.
Commissioner Warner moved to approve the claim by Order No. 2006-077. Commissioner Stiff seconded the motion. Motion carried unanimously. Commissioner Warner moved that in lieu of compensation that land use regulations be modified/removed, subject to conditions of approval in the staff report. Commissioner Stiff seconded the motion. Motion carried unanimously.
5. M37-06-039: Fay Ross
Location:
Tax lot #1800 in Section 17 of Township 13S, Range 37E, 705.72 +/- acres
Tax lot #2700 in Sections 21, 27, 28, 29, 32, 33, 34 of Township 13S, Range 37E, 2259.33+/- acres
Tax lot #3500 in Sections 22, 27 of Township 13S, Range 37E, 480+/- acres
Tax lot #3000 in Section 21 of Township 13S, Range 37E, 37.47 +/- acres
Tax lot #3200 in Section 21 of Township 13S, Range 37E, 40 +/- acres
Tax lot #100 in Section 16 of Township 13S, Range 37E, 125.40 +/- acres
Tax lot #100 in Section 16 of Township 13S, Range 37E, 1.53 +/- acres
Tax lot #200 in Section 16 of Township 13S, Range 37E, .27 +/- acres
Tax lot #900 in Sections 4 and 5 of Township 14S, Range 37E, 1071.04 +/- acres
Request: The applicant is requesting compensation in the amount of $2,000,000 or modification or removal of all land use regulations that were adopted by Baker County since his dates of ownership, May 4, 1974 and November 15, 1976, respectively. The property was transferred into the FLR Limited Partnership on December 2, 1997. The transfer of property constitutes a significant change in ownership and therefore, a break in ownership for the purposes of this Measure 37 claim. Therefore, the Planning Department recognizes the date that FLR Limited Partnership acquired the property, December 2, 1997 as the ownership date for the purposes of this Measure 37 claim.
Ms. Kerns reported that the property was zoned as EFU and TG. Currently the applicants have no proposed use for the property. Their purpose of partnership was to help lower the inheritance tax.
Commissioner Warner moved that based on the information provided, the applicant has satisfied the restrictions for a valid Measure 37 claim. If the state rules change, we will go back to the original ownership date. Commissioner Kerns seconded the motion. The motion carried unanimously. Commissioner Warner moved that in lieu of compensation, Baker County would waive land use regulations back to the date of ownership, subject to the conditions of approval in the staff report. Commissioner Stiff seconded the motion. Motion carried unanimously.
6. M37-06-064: Marcus & Barbara Sackos
Location: Tax lot#2200 in Section 16 of Township 9S, Range 29E, 80+/- acres
Request: The applicants are requesting compensation in the amount of $199,280 or modification or removal of all land use regulations that were adopted by Baker County since their date of ownership. Baker County has determined the current property owner is Sackos Land Company Ltd., who acquired the property on January 21, 1982.
Ms. Kerns determined the property to be zoned as TG. The applicants’ purpose is to establish two homesites on the property.
Commissioner Stiff moved to approve the claim by Order No 2006-064. Commissioner Warner seconded the motion. The motion carried unanimously. Commissioner Warner moved that in lieu of compensation, that land use regulations be modified/removed, subject to conditions of approval in the staff report. Commissioner Stiff seconded the motion. Motion carried unanimously.
7. M37-06-065: Marcus & Barbara Sackos
Location: Tax lot 400 in Section 18 of Township 8S, Range 40E, 79.12+/- acres
Tax lot 500 in Section 18 of Township 8S, Range 40E, 81.66+/- acres
Request: The applicants have stated that the value of the property with the restricting land use regulations removed is $659,960 and the current value of the property is $79,960. The difference is $580,000. The applicants are requesting either compensation or modification or removal of all land use regulations that were adopted by Baker County since their date of ownership. Baker county has determined the current property owner is Sackos Land Company Ltd., who acquired the property on January 21, 1982.
Ms. Kerns determined the property to be zoned as EFU. The applicants’ purpose is to establish 40 acre homesites on the property.
Commissioner Stiff moved to approve the claim by Order No. 2006-065. Commissioner Warner seconded the motion. The motion carried unanimously. Commissioner Warner moved that in lieu of compensation that land use regulations be modified or removed, subject to conditions of approval in the staff report. Commissioner Stiff seconded the motion. Motion carried unanimously.
Contract Review Board
Mason Dam Water Quality Agreement
Mr. Jason Yencopal, Project Manager, made a recommendation to accept the Brown and Caldwell bid for water quality testing. Their contract is not currently drawn up, however Mr. Yencopal recommended that the contract be signed outside of session.
Commissioner Warner moved to accept Brown and Caldwell as the cheapest bidder. Commissioner Kerns seconded the motion. Commissioner Warner moved to use Brown and Caldwell for water quality testing. Commissioner Stiff seconded the motion. The motion carried unanimously.
Intergovernmental Agreement Between Sheriff and Powder River Correctional Facility (PRCF)
Sheriff Mitch Southwick was present before the board to discuss the final contract for food services provided by the PRCF to the jail. The meals will be transported from PRCF to the jail by means of a van. The meals will come on insulated trays with lids on them. Due to the fluctuating number of inmates, the sheriff’s department will provide a daily head count to the PRCF. The total estimated cost is to be $39,420 for the year if operating at capacity. However, this number did not include the jail shuttle system with Union and Malheur Counties. The cost will be $1.25 for a sack meal and $1 for a hot meal.
Commissioner Warner moved to adopt the Intergovernmental Agreement with the Powder River Correctional Facility. Commissioner Stiff seconded the motion. The motion carried unanimously.
Marine Board Contract
Sheriff Southwick also briefly discussed the contract with the Marine Board. Sheriff Southwick would like to sell the boat that they own and purchase two jet ski’s. The jet ski’s are easy to unload, use less gas and will be easy to maneuver at reservoirs and Snake River areas. There are two used jet ski’s in Adams County for sale at $4,000 cash for both jet ski’s. A gentleman from Boise has made on offer on the boat for $5,000.
Commissioner Warner moved to leave the decision to the Sheriff’s discretion on how they wanted to handle the situation. Commissioner Stiff seconded the motion. The motion carried unanimously.
Baker County Criminal Forfeiture Distribution Agreement
Commissioner Warner moved to adopt the Baker County Criminal Forfeiture Distribution Agreement. Commissioner Kerns seconded. The motion carried unanimously.
Additions to the Agenda:
Postage Machine Update
Ms. Christena Cook, Administrative Services Director, reported on the new postage rate changes and how that would affect the County mail. The new rates will now take into effect size and thickness. Ms. Cook contacted the company who we lease the mailing machine from who offered to attach a smaller machine that would measure size and thickness to help determine costs. However, it would cost an additional $186/month for this machine. Currently the County has approximately $1500/month in postage costs. Mr. Yencopal suggested that the Facilities department might be able to build something that would help determine the size and thickness. Ms. Cook requested that the Facilities Department look into the option of building something before they try to lease a smaller machine to determine the size and thickness.
Other Business:
Comparison of Calendar
May 2nd, 2007: BMCC Board Meeting @ 6:30pm
May 2nd, 2007: Mountain Valley Mental Health Advisory Board Meeting @ 5:30pm
May 2nd, 2007: Fair Board Meeting @ 6pm
May 3rd, 2007: Biomass Meeting @ 2pm
May 3rd, 2007: TEC Budget Meeting @ 10am
May 4th, 2007: Biomass Meeting @ 8am
May 7th, 2007: CCF Grants Meeting @ 3:30pm
May 8th, 2007: EDC Meeting @ 1:30pm
May 9th, 2007: Dept. Head/Elected Official Meeting @ 8:30am
May 10th, 2007: Compensation Board Meeting @ 3pm
May 11th, 2007: Pandemic Flu Meeting @ 1pm
May 14th, 2007: TLTC Meeting @ 1pm
May 16th, 2007: Commission Session
The May 2nd, 2007 Commission Session was adjourned at 1:30pm
Respectfully submitted,
Heidi Martin, Executive Assistant
Baker County Board of Commissioners