Minutes: Board of Commission Meeting, 12/20/2006 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 COMMISSIONERS
The Baker County Board of Commissioners met for the December 20, 2006
Commission Session. Present were Commission Chair Fred Warner, Jr., and
Commissioner Carl E. Stiff. M.D., and Commissioner Tim Kerns.
Citizens' Participation: None
Additions to the Agenda:
Re-signing, Original document was signed in October of 2006, Professional
Service Agreement School Based Health Autumn Swinger-Harrell
Review/Approval of Minutes: Commissioner Stiff moved to approve the December 6,
2006 Commission Session minutes as presented. Commissioner Warner seconded the
motion. Motion carried unanimously.
Scheduled Business
Road Department / Discussion of Snowmobile Ordinance No 2006-03 Amending
Ordinance 87-8 Snowmobile Regulating Hours and Operations, Resolution No.
2006-1061. Ken Helgerson and Kathy Hooge presented a staff report stating that
a new Ordinance is needed to update the language, which has gone several years
without reviewing documentation. County Counsel, Dan VanThiel reviewed and
advised the appropriate language. Eldon Doser and the Sumpter Snowmobile
Association are requesting that the county portion of Geiser Creek Road be
added to the list of approved snowmobile routes. There is not any shared
traffic on this road. A public hearing is scheduled for January 3rd, 2007, at
9:15 a.m.. The biggest change to the documentation is stating that renewal of
the Ordinance will be on an “As needed basis”, if the routes do not change. The
Ordinance will not have to be renewed yearly.
The Resolution has been in place since 2001, and states snowmobile clubs are
responsible for their sign maintenance. Ordinance 2006-03 will become Ordinance
No. 2007-01, and Resolution 2006-1061 will become 2007-1000 for signing by the
Commissioners January 3, 2007, providing the public hearing allows sufficient
time for public comment.
A press release for a public hearing will be placed in the Record Courier and
The Baker City Herald before the January 3rd, 2007 hearing.
Scheduled Business
Tax Refund Resolution 98-01 Annual Update / Treasury Office
Alice Durflinger presented Tax Refund Resolution 98-01. In accordance with ORS
311.806 (1), 311.812 and the Baker County Court, RESOLUTION NO. 9801 dated
April 15, 1998, I hereby authorize the refund of taxes on real and personal
property which have been collected in excess of the taxes levied. The office of
the Baker County Treasurer/Tax collector will make the proper entries to
correct the assessment and tax records for four accounts in the amount of
$473.29. Commissioner Stiff moved to accept Tax Refund Resolution 98-01 for
Madge Grant, Calvin & Kathleen High, GE Capital Information Technology, and US
Bancorp Equipment Finance, Commissioner Warner seconded, motion carried.
Intergovernmental Agreement for Oregon Central Voter Registration / System
Services between Oregon Secretary of State (SOS) and Baker County. Discussion
from Baker County Clerk, Tami Green shared concerns on a few items. There is
basically no change with the exception to the wording on Page 5. Section 3.5.
Sentence 2. Resolving issues caused by software that is not subject to the
System Services and that County installs on computers through which County
assesses the OCVR System. Due to security issues nothing will be released to
our technology department. In section 3.6 Sustainability Fund: It is the intent
of the SOS to provide a toll free number and provide e-mail service to the help
desk without a charge from the State. All counties have agreed to sign, and
Baker County is the last county to sign. Commissioner Kerns moves to approve
the Intergovernmental Agreement between Baker County and Secretary of State,
Commissioner Stiff seconds, motion carried.
Measure 37 Applications:
1. Sackos etal. Conklin Claim # M37-06-019 Order No. 2006-193, states there is a
$42,290.00 - $74,290.00 burden on the property and request compensation for all
land use regulations enacted since the property owner’s mother’s date of
ownership, August 22, 1952 or modification of all land use regulations adopted
by Baker County from the current owner’s date of ownership September 11, 1975,
that restrict the owner’s ability to use the property commercially or
residentially. The property is zoned Exclusive Farm Use (EFU). The applicant
has also requested relief from Senate Bill 1000; Baker County cannot grant
relief from a state regulation, but can waive the regulation if the State of
Oregon also agrees to waive the regulation. Commissioner Kerns moved to approve
the Order, Commissioner Warner seconded the motion for M37-06-019, Order No.
2006-193, order moved and accepted.
Commissioner Warner restated procedure of Measure 37 claims; people requesting
relief can ask questions, then deliberate with Baker County and State of Oregon
in a parallel process with the state. The public is encouraged to go to the
planning department to get land use provisions.
2. Gulick Stanley Claim # M37-06-022 Order No. 2006-194 Measure 37. The
applicant is requesting compensation in the amount of $575,000.00 or removal of
all land use regulations that were adopted by Baker County since the applicant’
s date of ownership, January 2, 1981. Planning staff recommendation is to
modify all land use regulations adopted by Baker County since the applicant’s
date of ownership that would restrict the applicant’s use of the property.
Commissioner Stiff moved to approve the Order, Commissioner Warner seconded the
motion for M37-06-022, Order No. 2006-194, order moved and accepted.
Scheduled Business:
Update from Baker County Justice Court: Judge Cole presented the Commissioners
a 2006 Year End Report including case filings, and analysis chart. Noting an
increase in revenue for Baker County over the last year due to the continued
success of Justice court collection of old unpaid fines. There was an 8%
decrease in Criminal Cases, a 16% increase in Violations, a 38% decrease in
Fish & Game Violations, a 36% increase in Small Claims, and a 6% decrease in
Traffic Citations. There has been very little change in Civil Filings since
2005.
Judge Cole projection for fiscal 2006-2007 based on the above analysis should
be approximately $400,000.00 on June 30, 2007.
The Judge noted the “Change of command” coming shortly, with Lise Yervasi,
becoming Justice of the Peace. He thanked the commissioners, and said, “It’s
been a good run”.
Judge Cole discussed Justice Courts. Oregon’s vision projects took a consensus
and thought there would not be any courts within the counties. The State and
Counties administration offices have eight years to work with it. Eastern
Oregon will not buy it, mediation is a touchy feeling thing, and folks here in
Baker County want a yes or no. He was the sole vote out of 50 people against
eliminating all Justice courts. The State thinks it will benefit people more by
having them go to the Circuit Court.
Judge Cole will be sorely missed.
Report on Audit of Basic Financial Statements and Supplementary Data for Fiscal
year Ended June 30, 2006 Presented by Christena Cook, Baker County
Administration Director, Megan R. Adams and David Lindley, of Guyer, Lindley,
Bailey & Martin CPA’s. Discussion followed. Copies of the detailed reports are
available at the Baker County Commissioners Office.
Documents Signed:
Resigning of Professional Services Agreement with Autumn Swinger Harrell, for
school based health was re-signed, due to the misplaced original document
signed in October 2006. Autumn is a physician assistant under Dr. Sandefur and
works 4 hours a week in primary care. Commissioner Stiff moved to accept the
signing of the Professional Services Agreement with Autumn Swinger Harrell,
Commissioner Kerns second the motion, motion carried.
Signed Documents:
Professional Services Agreement between SAR Environmental Consulting, LLC and
Baker County. Reviewed by County Counsel, the Commissioners, and Project
Manager, Jason Yencopal. Agreed sum of $10,842 will be paid for the
accomplishment of work. Services to be completed by May 31, 2007, if weather
becomes an issue an extension may be requested and brought before the Backer
County Board of Commissioners. Original signature of contractor was not
received by session. SAR Environmental is to complete the clean up with a
certificate from the state. Contractor will remove all personal property,
including Grand Torino car, due to contamination.
Commissioner Warner moves to adopt the Professional Services Agreement,
Commissioner Stiff seconded, motion carried, Commissioners will sign out of
session pending original signature from Contractor.
Professional Services Agreement between Baker County and Mountain Valley Mental
Health Programs. Baker County has the only jail in Oregon with
psychiatric/mental health services, all others have nurse RN’s. Commissioner
Stiff moved to accept the contract, Commissioner Kerns seconded the motion,
motion carried.
Order No. 2006-1062 Appropriation Transfer Within the Non-Departmental
Department of the OTIA Fund For Fiscal Year 2005-2006. Reimbursement to the
State of Oregon for the remainder of funds related to the OTIA bridge project,
bridges are completed. Refund amount is $350,000. Commissioner Stiff moves to
accept, Commissioner Warner seconded the motion to sign Order No. 2006-1062
Appropriation Transfer Within Non-Departmental Dept. of the OTIA Fund, Motion
carried.
Addendum to Option Agreement and Agreement of Purchase and Sale of real
property between Paul Vaden and Baker Couty. Interpreter, Terry Drever-Gee
appeared on Paul Vaden’s behalf. Paul called on Monday night, received
original documents, signed the Addendum and sent by priority mail. Paul Vaden
wanted Terry Drever-Gee to state she received the signed agreement via fax.
Commissioner Warner reviewed the Addendum with County Counsel, Dan VanThiel,
restating specifics of dollar amounts and due dates. Commissioner Stiff moves
to accept, Commissioner Kerns seconded the motion, motion carried and it was
agreed to sign out of session with receipt of original signed document from
Paul Vaden.
Addition to the Agenda:
Discussion naming Vicki Long as the Mental Health Advisory Director. State Law
states the need to appoint a full time employee of the mental health facility.
The Mental Health & Developmentally Disabled Advisory Committee questioned the
qualification of any of the staff at Mt. Valley Mental Health. The state stated
Vicki Long is qualified. The state recommends that if a director is qualified,
then it is ok. Commission Stiff says he believes she is qualified, and State
says she is in the site review. The state recommends Vicki Long assume the role
of director of the advisory committee.
Fred stated he would ask the state if she is qualified. If the qualifications
aren’t there the Commissioners will release the appointment.
Commissioner Kerns thinks it is important to have an employee of Mt. Valley
Mental Health on the board. The Commissioners have no issues appointing Vikki
Long.
Commissioner Warner moves to appoint Vicki Long as the Community Mental Health
Director, Commissioner Kerns seconds the motion, motion carreid.
Calendar Comparison:
December 21, 1:00 –3:00 Commissioners Christmas Cheer gathering / County
Courthouse
December 28, 4:00 p.m. Mt. Valley Mental Health / Vicki Long & De. Levinger
phone conference
December 29, 9:00 – 12:00 noon Judge Cole Retirement Party
2007
January 3, 9:00 Commission Session
January 4, 10:00 – 12:00 Board of Directors / TEC
January 15 1:30 TLTC will be RESCHEDULED Martin Luther King’s Birthday /
Holiday
January 17, 9:00 Commission Session
Adjourned 11:55 a.m.
Respectfully Submitted,
Lisa A. Mallett
Executive Assistant
Baker County Board of Commissioners