The Baker County Board of Commissioners met for the March 21, 2007 Commission
Session. Present were Commission Chair Fred Warner, Jr., Commissioner Tim L.
Kerns and Commissioner Carl E. Stiff, M.D.
Citizens’ Participation: None
Review/Approval of Minutes: Commissioner Warner moved to approve the March 7,
2007 Commission Session minutes as presented. Commissioner Stiff seconded the
motion. Motion carried unanimously.
Additions to the Agenda:
*Resolution 2007-1011: Support of Block Grant for Baker Recovery Village
*Resolution 2007-1012: Transfer of Funds within Predator Control
*Professional Services Agreement with Dr. Richards
*Wallowa-Whitman National Forest Transportation Meeting
*Update on Payment in Lieu of Taxes and Reauthorization
Addition to the Agenda:
Resolution No. 2007-1011: Support of Block Grant for Baker Recovery Village.
Mr. Bart Murray, CEO of New Directions, NW was present and stated that the
resolution was required to apply for the Community Development Block Grant.
Commissioner Warner moved to approve Resolution 2007-1011. Commissioner Stiff
seconded the motion. Motion carried unanimously.
Scheduled Business:
Easement and Agreement with Wes & Mary Kerns: Deputy Roadmaster Rick Holden
and Kathy Hogge were present before the Board. Mr. Holden stated that the
easement and agreement would clean up water rights issues and would allow for
controlled access to Baker County property, in particular, Butler Pit on
Pocahontas Road. The agreement would also ensure that all safety standards were
met and electrical was brought up to code. Commissioner Warner moved to approve
the easement and agreement. Commissioner Stiff seconded the motion. Motion
carried unanimously.
Addition to the Agenda:
Update on Payment in Lieu of Taxes and Reauthorization: Commissioner Warner
reported that Congressman Wyden has a proposed bill that counties would receive
a full payment this year and that the formula for payments would change,
hopefully based on acreage. Counties were also hoping to see PILT fully
funded, however that was still in the House.
Documents to be Signed:
Order No. 2007-227: Supporting Participation in a Regional Microenterprise
Assistance Program with Veneta as Lead Applicant: Commissioner Warner stated
that the item had been brought before the Commissioners at their March 7, 2007
meeting. At that time the Commission had tabled the matter until the EDC could
make a recommendation. Commissioner Warner reported that the EDC agreed that
the program would compliment current activities. Commissioner Stiff moved to
approve Order No. 2007-227. Commissioner Warner seconded the motion. Motion
carried unanimously.
Order No. 2007-241 and 242: Appointing Members to the Region 13 WorkSource
Board: Commissioner Warner stated that both Ms. Sherry Cole and Ms. Linda
Childers were from Union County, however the WorkSource Board required that
every county adopt all members. Commissioner Kerns moved to approve Order No.
2007-241 and 242 appointing Ms. Cole and Ms. Childers, respectively.
Commissioner Stiff seconded the motion. Motion carried unanimously.
Addition to the Agenda:
Professional Services Agreement with Dr. Richards for School Based Health
Clinic: Commissioner Warner stated that the agreement would compensate Dr.
Richards for four hours a week, $50/hour. Ms. Melodee Badley had previously
been providing the services, however she was moving. Commissioner Warner moved
to approve the Agreement. Commissioner Stiff seconded the motion. Motion
carried unanimously.
Wallowa-Whitman National Forest Transportation Meeting: Commissioner Warner
reported that he had attended the meeting the previous evening. A new federal
rule was coming out requiring the National Forest to put together a map
designating roads that you can drive motor vehicles on. If a road was not
designated, no one would be able to drive on it. A preliminary map was expected
in May of this year. They would not comment on whether they were going to
close roads to ATV, but everyone was assuming that they were. Commissioner
Warner moved that a task force be created to cover the plan and advise the
County. Commissioner Kerns seconded the motion. Motion carried unanimously.
Scheduled Business:
Public Hearing: Order No. 2007-240: Proposed Name: Mule Deer Road (Twp 9S,
Range 40E, Section 31, Tax Lots 401 & 402).
Commissioner Warner opened the public hearing at 9:40 a.m. Commissioner Warner
stated that due to a scheduling conflict, the public hearing would begin this
morning and continue at 2pm. A final public hearing would be held on April 4th
at 9:30 a.m.
Ms. Holly Kerns was present and stated that notices had been sent to adjoining
landowners and no negative comments had been received. The applicant, Mr. Russ
Elms, had met all of the criteria for naming the road.
No additional public comment was offered.
Commissioner Warner moved to continue the public hearing until 2:00 p.m. that
afternoon.
Measure 37 Applications:
1. M37-06-041: Robert P. Seymour
Location: Twp 7S, Range 39E, Section 31, Tax Lot 100
Request: Compensation in the amount of $200,000 or modification/removal of land
use regulations adopted by Baker County since the date of ownership, September
6, 1991.
Ms. Holly Kerns was present before the Board and stated that the property,
consisting of 308.72 acres, was west of Haines, zoned EFU. It was the Planning
Department’s recommendation that the application be approved as it had met all
Measure 37 criteria. One letter of concerned had been received from Elwyn and
Vicki Justus. Commissioner Warner read the letter, which described
planning/building concerns. Ms. Kerns stated that she had visited with the
Justus’ and they understood that the only thing being decided by the
Commissioners was in regards to the Measure 37 claim, not Planning/Building
matters.
Mr. Seymour was present and stated that he did not have any intentions of
selling off the property, it was more to address ownership issues due to how
the property was inherited.
Commissioner Warner moved to approve the claim by Order No. 2007-232 and to not
apply the challenged land use regulations subject to the conditions of approval
in the staff report. Commissioner Stiff seconded the motion. Motion carried
unanimously. Commissioner Warner moved to deny the claim for compensation.
Commissioner Stiff seconded the motion. Motion carried unanimously.
2. M37-06-042: Robert P. Seymour
Location: Twp. 7S, Range 39E, Section 30, Tax Lot 4900
Request: Compensation in the amount of $200,000 or modification/removal of land
use regulations adopted since the date of ownership, September 6, 1991.
Ms. Kerns stated that the piece consisted of 118 acres and was across the
street from the previous claim. The Planning Department recommended that the
Board of Commissioners declare the claim valid and in lieu of compensation,
modify, remove or not apply the challenged land use regulations.
Commissioner Warner moved to declare the application as a valid claim by Order
No. 2007-233. Commissioner Stiff seconded the motion. Motion carried
unanimously. Commissioner Warner moved to deny claim for compensation in lieu
of not applying the challenged land use regulations, subject to the conditions
of approval in the staff report. Commissioner Stiff seconded the motion. Motion
carried unanimously.
3. M37-06-046: Eldon L. and Hope T. Buckner
Location: Twp 8S., Range 38E, Section 24, Tax Lot 200 and
Twp. 8S, Range 39E, Section 19, Tax Lot 300
Request: Compensation in the amount of $1,315,575 or modification/removal of
land use regulations since date of ownership, October of 1973 and January of
1975.
Ms. Kerns stated that the if land use regulations were waived, it would include
the 1974 ordinance. The applicant was proposing to divide the property into
five-acre home sites. It was the Planning Department’s recommendation to
approve the claim and that in lieu of compensation, that the land use
regulations be modified/removed.
Mr. Buckner was present and stated that Tax Lot 200 was purchased in August of
1972, not January of 1975. Ms. Kerns reported that the escrow agreement for
the purchase had not been recorded. Ms. Laura Livingston was present and
stated that it had been the Planning Department’s direction and County
Counsel’s advice, to use documents that had been recorded to verify date of
ownership.
Commissioner Warner stated that an email had been received regarding planning
issues from Iva and Richard Mace. Commissioner Warner read the email into the
record.
Commissioner Kerns questioned who had paid the taxes in 1972. Mr. Buckner
stated that he had.
Commissioner Kerns moved to continue the Measure 37 discussion to April 4th at
11am so that additional information could be provided to verify date of
ownership. Commissioner Stiff seconded the motion. Motion carried unanimously.
4. M37-06-035: Tom L. and Timothy A. Kerns
Location: Twp. 8S, Range 39E, Section 6, Tax Lot 2000 and
Twp. 8S, Range 39E, Sections 6 & 7, Tax Lot 2100
Request: Compensation in the amount of $398,205 or modification/removal of land
use regulations since date of ownership in January 1986.
Ms. Holly Kerns and Commissioner Kerns recused themselves from the meeting. Ms.
Laura Livingston was present and stated that the parcel had been acquired from
the applicants grandparents. The parcels were zoned EFU and the applicant had
not included a proposed use in the application. Ms. Livingston reported that
the Planning Director had determined the Measure 37 claim to be valid and
recommended that in lieu of compensation, to not apply or waive land use
regulations subject to conditions of approval in the staff report.
Commissioner Warner moved to find the claim valid by Order No. 2007-229.
Commissioner Stiff seconded the motion. Motion carried. Commissioner Warner
moved that in lieu of compensation Baker County would not apply land use
regulations as stated in report, subject to conditions of approval listed in
the staff report. Commissioner Stiff seconded the motion. Motion carried
unanimously.
5. M37-06-036: Timothy A. Kerns
Location: Twp. 8S, Range 38E, Section 12, Tax Lot 2201 and
Twp. 8S, Range 39E, Section 7, Tax Lot 2600
Request: Compensation in the amount of $1,173,234 or modification/removal of
land use regulations since date of ownership, July 29, 1993.
Ms. Livingston stated that the parcel was SW of Haines, zoned EFU and consisted
of 354.31 acres. The application did not include a proposed use for the
parcel. Ms. Livingston stated that the Planning Director had recommended
approval of the application and in lieu of compensation, that all land use
regulations be modified/removed, subject to the conditions of approval.
Commissioner Stiff moved to find the claim valid by Order No. 2007-230.
Commissioner Warner seconded the motion. Motion carried. Commissioner Warner
moved that in lieu of compensation, that all land use regulations be
modified/removed, subject to the conditions of approval in the staff report.
Commissioner Stiff seconded the motion. Motion carried unanimously.
6. M37-06-037: Tom L. and Fawn A. Kerns
Location: Twp. 8S, Range 38E, Section 13, Tax Lot 2600 and
Twp. 8S, Range 38E, Sections 13 and 24, Tax Lot 2701
Request: Compensation in the amount of $610,000 or modification/removal of
land use regulations from date of ownership, June 3, 1992 and April 8, 1993.
Ms. Livingston stated that the two parcels had been acquired from Tim and Jan
Kerns. They were zoned EFU and Timber Grazing and consisted of 360 acres. The
applicant had not included a proposed use for the land. Ms. Livingston reported
that the Planning Department had recommended approval of the claim and that in
lieu of compensation, that land use regulations be modified/removed subject to
the conditions of approval.
Commissioner Warner moved that the applicant had satisfied the criteria for a
valid claim by Order No. 2007-231. Commissioner Stiff seconded the motion.
Motion carried. Commissioner Warner moved that land use regulations be
modified/removed in lieu of compensation, and subject to conditions of approval
in the staff report. Commissioner Stiff seconded the motion. Motion carried.
7. M37-06-044: Bar Running N Ranch (Lynn Shumway)
Location: Please refer to attached final report on Order No. 2007-234.
Request: Compensation in the amount of $2,000,000 or modification/removal of
land use regulations since date of ownership.
Ms. Kerns was present and stated that the parcels were all located SE of Unity,
zoned EFU and Timber Grazing. No proposed use had been made at the time of
application. The Planning Director had recommended approval of the claim and
that the land use regulations be modified/removed in lieu of compensation.
Commissioner Warner moved to approve the Measure 37 claim by Order No.
2007-234. Commissioner Stiff seconded the motion. Motion carried unanimously.
Commissioner Warner moved that compensation be denied in lieu of modification
of land use regulations, subject to conditions of approval. Commissioner Stiff
seconded the motion. Motion carried unanimously.
8. M37-06-026: David M. Anderson
Location: Twp. 7S, Range 38E, Section 32, Tax Lot 400
Location: Compensation in the amount of $120,000 per acre or
modification/removal of land use regulations since date of ownership, December
2, 1975.
Ms. Kerns stated that total compensation requested would be over $4 million,
based on 40 acres. The notice of sale was recorded in 1975 however the deed was
not recorded until 1997. Staff had visited with County Counsel and was advised
to use the 1975 date. The Planning Director had determined the claim to be
valid and recommended that land use regulations be removed/modified in lieu of
compensation.
Commissioner Warner moved to find the application valid by Order No. 2007-228.
Commissioner Stiff seconded the motion. Motion carried unanimously.
Commissioner Warner moved to deny the claim for compensation and to
remove/modify land use regulations subject to conditions of approval.
Commissioner Kerns seconded the motion. Motion carried unanimously.
Easement Proposal at Huntington Lime Plant: Mr. Randy Joseph was present before
the Board. Mr. Joseph stated that he would be leasing a portion of Section 36
from the BLM for a possible wind site. In order to proceed Mr. Joseph had to
prove that he had access to the parcel. The easiest thing for him to do was to
obtain an easement through the County’s property. Mr. Joseph added that he may
need to do improvements, or bury utility lines. The project may or may not
proceed, it was too early to tell. Commissioner Warner stated that the
easement was something that would need to be done prior to relinquishing the
property. Commissioner Kerns questioned if the Road Department or County
Counsel had reviewed the matter and they had not. Consensus was reached to
table the easement until both County Counsel and the Road Department could give
their recommendations.
Public Hearing: 2008/2009 CDBG Housing Resource Grant:
Commissioner Warner opened the public hearing at 11:00 a.m.
Ms. Margaret Davidson and Ms. Sherry Becker were present before the Board. Ms.
Becker stated that Baker County had been sponsoring the grant for the past
three years. The grant program was now instituting a two-year program.
Community Connections was requesting that Baker County be the sponsor for
2008-09.
No additional public comment was received.
Commissioner Warner closed the public hearing.
Commissioner Kerns moved to continue being the sponsor for the Community
Development Block Grant, Housing Resource Center Grant Application for 2008 and
2009. Commissioner Stiff seconded the motion. Motion carried unanimously.
Burt River Re-routing Pipeline: Mr. Joe Castaneda from Chevron was present
before the Board of Commissioners. Mr. Castaneda stated that due to high water
flow near the Huntington Lime Plant, a portion of their pipeline had become
exposed along the river. Chevron wanted to re-route the pipe on the County’s
road in the right of way. Commissioner Kerns questioned if the Road Department
had seen the proposal. Mr. Castaneda stated that they had not as he was not
sure who to visit with first. Consensus was reached to forward the information
to the Road Department and County Counsel and to notify Mr. Castaneda when a
decision had been made.
Public Hearing: Resolution 2007-1007: Designation of the Baker City/County
Enterprise Zone:
Commissioner Warner opened the public hearing at 11:30 a.m.
Ms. Jennifer Watkins and Mr. Troy Phillips were present before the Board. Ms.
Watkins stated that Baker County/City were one of 50 designations within the
state. It had been 11 years since the last application was approved and Ms.
Watkins was requesting Baker County be a co-sponsor again. Ms. Watkins added
that the process was competitive with other communities and we needed to
generate a lot of support. The only change to the requested designation was the
inclusion of the airport property. Commissioner Kerns questioned if the
Wingville Lime Plant was included. Ms. Watkins responded that it was. Ms.
Watkins stated that the enterprise zone designation had been key to bringing
businesses to Baker County.
No additional public comments were offered.
Commissioner Warner closed the public hearing at 11:40 a.m.
Commissioner Kerns moved to approve Resolution 2007-1007, Co-Sponsoring for the
Designation of the Baker Enterprise Zone. Commissioner Stiff seconded the
motion. Motion carried unanimously.
Contract Review Board
Professional Services Contract: Grant Administration for Housing Resource
Center #602: Ms. Nudd reported that the contract would provide grant
administration, through Community Connections, for the 2007 Housing Resource
Center Grant. Commissioner Warner moved to approve the contract. Commissioner
Kerns seconded the motion. Motion carried unanimously.
Agreement for School-based Health Care Center: Commissioner Warner stated that
the agreement was with the 5J School District for a maximum of $102,684. Once
again the agreement required the School District to pass through its Title IX
funds. Commissioner Kerns moved to approve the agreement. Commissioner Stiff
seconded the motion. Motion carried unanimously.
Addition to the Agenda:
Predator Control: Commissioner Warner discussed the issue that all predator
control funds had been expended. Two vendors were providing the services and
an additional $3,000+ had been billed to the County since the last transfer of
funds. Discussion followed regarding the difference in cost to run the two
helicopters. Commissioner Warner moved to adopt Resolution 2007-1012,
transferring an additional $3,500 to predator control to pay existing invoices
and to inform the businesses that the County had expended all funds for this
fiscal year. Commissioner Stiff seconded the motion. Motion carried
unanimously.
Other Business:
Comparison of Calendars:
March 21: Mental Health Adv. Committee Meeting
March 22nd: Household Hazardous Waste Meeting
March 23rd: Parade for Boys Basketball
March 26th: La Grande Needs & Issues Meeting
March 28th: City/County Meeting
March 29th: Lunch for Doug Payton: Retiring
April 4th: Commission Session
Scheduled Business:
Public Hearing: Order No. 2007-240: Proposed Name: Mule Deer Road (Twp 9S,
Range 40E, Section 31, Tax Lots 401 & 402).
Commissioner Warner re-opened the public hearing at 2:00 p.m. Commissioner
Warner questioned if there were any challenges, conflicts of interest or ex
parte contacts. There were none.
There were no additional public comments.
Commissioner Warner closed the public hearing, stating that the final hearing
would be held on April 4, 2007 at 9:30 a.m.
Commission Session was adjourned at 2:10 p.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners