Minutes: Board of Commission Meeting, 04/03/2002 COUNTY COMMISSIONER CHAIR BRIAN D. COLE
COUNTY COMMISSIONER HOWARD C. BRITTON COUNTY COMMISSIONER TIM L. KERNS
The Baker County Board of Commissioners met for the April 3, 2002 Commission Session. Present were Commission Chair Brian D. Cole, Commissioner Howard C. Britton, and Commissioner Tim L. Kerns.
Scheduled Business: Public Hearing on Surprise Springs Rural Fire Protection District:
Commissioner Cole officially opened the public hearing at 10:00 a.m., however as a large number of citizens were present for citizen’s participation, Commissioner Cole recommended going into to Citizen’s Participation first.
Citizen's Participation: Connor Creek:
Roadmaster Ken Helgerson gave an update on what had occurred since the last Connor Creek hearing. Roadmaster Helgerson stated that after the public hearing on February 20, 2002, Connor Creek was recognized as an RS2477 right-of-way. Roadmaster Helgerson sent a certified letter to Mr. Frank Brutchard, owner of property near and around the public access road, stating that the gate needed to be removed or needed to apply to the County for a permit. At no time was the gate to be locked or intimidating signs used to deter the public from using the road. The letter stated that the County would have the right to remove the gate at his expense. A permit is required so that the Road Department can control where the gates are put due to blind sites, etc. Roadmaster Helgerson stated that he had just received a request from Mr. Brutchard to apply for a permit. Signs have been taken down, even County signs, and stated that the gate was open and the lock was hanging down making it appear that it was locked. Roadmaster Helgerson stated that Mr. Brutchard had spoken about moving the gate up to where all the congestion is. Roadmaster Helgerson stated that he would like to write a letter to inform Mr. Brutchard that the current situation was not working.
Commissioner Britton questioned about creating an alternate route. Roadmaster Helgerson stated that he had not had a chance to look at that, but would like to very soon.
Ben Dunleavy, from the City of Huntington, stated that since September 11 many of the blasting rules have changed. A gate does not qualify for safety reasons. Mr. Dunleavy stated that a petition had been signed by the citizens of Huntington and given to the Board of the Commissioners.
Roadmaster Helgerson stated that the County could make the permit contingent upon only locking the gate when they were blasting. If they do not act in good faith, then the County could rip it out.
Terry Drever Gee, Salmon Creek Road, commented that during her experience in mining, that when blasting was done, they did have a locked gate, but it was on the mining property, not public property.
Ed Hardt, President of EOMA, stated that he had concerns about safety. If the mining is being done in a tunnel, than they have to have a man stationed at the hole and further down. If it were an open pit than they would have to have guards on all accesses to the property.
Leonard Bacon, stated that it would almost impossible to have guards at all the access routes as there were many ways of getting up there without having to use the public access road.
Commissioner Cole confirmed that everyone present in the room were advocates for making Connor Creek an RS2477 road and leaving the gate unlocked. There were no oppositions.
County Counsel Sarah Hilderbrand stated that a permit would need to be filed with the Roadmaster. The Roadmaster would be able to apply conditions on the permit. If the owner does not comply with the permit, then the Roadmaster would look at removing the gate. Should the permit not be granted, the Roadmaster would ask the landowner to remove it by a certain time and date. If the landowner did not comply by that time, the Commissioners would hold a public hearing to gather cost estimates and to order the Roadmaster to take the gate down.
Commissioner Cole stated that there were two petitions had been filed with the Board of Commissioners stating the same thing. Commissioner Cole read the petition. The petition had been signed by approximately 70 people from Snake River and Huntington. An additional petition was signed by approximately 20 people including Leonard Bacon and Erick Eriksmoen.
Virginia Adams, citizen of Huntington, stated that she had ten claims on Connor Creek. When they close the roads, she can not get up there. Ms. Adams stated that she had been living there for 12 years and those roads were never closed off. In fact, the roads were better back then than they are today.
Commissioner Cole moved to have Roadmaster Helgerson take the next step by informing Mr. Brutchard that the gate needs to be removed and Baker County has become very frustrated. If the gates are not taken down, the Board of Commissioners will have it taken down and charge Mr. Brutchard for the cost. Commissioner Kerns seconded the motion. Discussion: Commissioner Britton added that Mr. Brutchard should be made aware that the gates need to be taken down prior to the Commission considering a permit. Motion carried unanimously.
Roadmaster Helgerson stated that he would send a registered letter asking for the removal of the gate. Upon receipt of that letter, Mr. Brutchard will have 48 hours to get it down.
Commissioner Cole thanked everyone for their attendance.
Public Hearing for the Surprise Springs Rural Protection District Remained Open.
Commissioner Cole read a memo received by County Counsel regarding the process in which to take regarding the formation of the rural fire district.
Citizen’s Participation: Snow Park:
Mr. Don Mires spoke before the board and stated that he was not present to discuss the rural fire district. Mr. Mires stated that he was before the Board as a member of the Halfway Snowmobile Club. The Club came up with a simple solution is that if they could make Forshay Meadows a turnaround area and widen the road between the two cattle guards to 40 feet and plow it, then people could in, turn around, and pull off the side of the road. The current condition at Five Corners did not solve anything this year and that is why he has been looking for a better solution.
Roadmaster Helgerson stated that Mr. Mires’ ideas were very feasible. Roadmaster Helgerson stated that it would take some time to sit down and go over what the needs are prior to next winter.
Bill Andrade was present representing the Surprise Spring Rural Fire District. Mr. Andrade stated that the terrain in that area had about 12 cabins and homes. There is no adequate fire protection, and insurance ratings are horrible. Mr. Andrade stated that the formation of this district would allow them to get a decent rate and so forth. Economically, it would create some temporary jobs. Mr. Andrade commented that fire equipment was already being donated and he would continue to apply for grants. Mr. Andrade requested the Commissioner’s approval to move forward with forming the Surprise Springs Rural Fire District.
Commissioner Cole questioned the effort that was made a year ago to form the Sparta Rural Fire District. Once it was established, it was disbanded shortly after. Commissioner Cole asked for Mr. Andrade's read on the Surprise Springs Rural Fire District and if we would run the risk of the same thing happening.
Mr. Andrade stated that everyone involved had been informed and were very supportive. The people that were opposed to the Sparta Rural Fire District were able to shut it down because they were board members and never gave it a chance. The people that are presently out there are more informed and very favorable of the formation.
Commissioner Britton questioned what areas would be included in the Surprise Springs Rural Fire District boundaries. Mr. Andrade stated that they were smaller than Sparta. The boundaries included Surprise Springs, Five Corners and Forshay Meadows.
Mr. Andrade stated that the cost of being included in the Surprise Springs Rural Fire Protection District would be a $100 subscription per household per year. The expected annual budget would be approximately $3,200. Mr. Andrade stated that people have already donated property in the area to build a fire hall.
Commissioner Britton stated that rural fire districts were a good thing and if they want to put in the time and effort, the County should not stand in their way. Commissioner Britton stated he would also like to see Keating, Sparta and Surprise Springs all join in.
Mr. Andrade stated that it would be no problem to have additional areas annex into the Surprise Springs Rural Fire Protection District.
Sarah Hilderbrand, County Counsel, stated that the annexation process would be similar to the formation process. Ms. Hilderbrand stated that today it is up to the Commissioners to determine if the area could benefit from the formation, decide if the boundaries need to be changed, and set a day, time and place for a final hearing. Ms. Hilderbrand stated that May 1, 2002 had been recommended for the second hearing.
Ms. Hilderbrand confirmed that the formation would be consistent with state planning and land use goals.
Mr. Andrade addressed a question regarding resources. Mr. Andrade stated that should any fires occur in the forest area, Surprise Springs would receive assistance from the US Forest Service. Mr. Andrade stated that there were plenty of people up there during the day to man the district.
Commissioner Britton moved to approve Order 2002-128: Approving a Petition for Formation of A Rural Fire Protection District in Sparta and Setting Forth the Boundaries Thereof. Commissioner Kerns seconded the motion. Commissioner Britton moved to accept the boundaries and set the time for May 1st, 2002 at 10:00 am. Motion carried unanimously.
Review/Approval of Minutes: Commissioner Britton moved to approve the March 20, 2002 Commission Session minutes. Commissioner Kerns seconded the motion. Motion carried unanimously. Commissioner Britton moved to approve the April 1, 2002 Special Session minutes with the amendment to include the location of the sale of the substandard parcel. Commissioner Kerns seconded the motion. Motion carried unanimously.
Commissioner Kerns questioned if Roadmaster Helgerson would give an update on the Resource Advisory Council’s administrative fee that was previously discussed at the April 1, 2002 Special Session. Roadmaster Helgerson stated that the administrative fee would be paid to the Forest Service as they will be the ones planning the project and believed that the amount was legitimate. Roadmaster Helgerson clarified that the administrative cost would come out of the funds designated for the project.
Scheduled Business: Cooperation Agreement with ODOT: Roadmaster Helgerson stated that the agreement enabled public works agencies to support each other during an emergency. It sets up the documentation needed to seek maximum reimbursement possible from federal agencies. This agreement is in good faith that we want to be recognized by other counties. Commissioner Britton moved to approve the cooperation agreement with ODOT. Commissioner Kerns seconded the motion. Motion carried unanimously.
Additions to the Agenda: Appointments to the Unity City Council: Commissioner Cole stated that resignations had been received from: Rex Schoorl, Glynn Murphy, Karen Boehlke, Jerry Hunter, Eddie June Greenwood, and the City Recorder, Connie Murphy had also resigned. County Counsel stated that it now fell upon the Board of Commissioners to appoint a quorum, which would consist of three. New council members would be elected in November.
Commissioner Cole stated that he had some conversations with residents in Unity. No one as of yet had called to say they would be interested. Commissioner Cole stated that he had asked former Mayor Eddie June Greenwood if there were any pressing issues. Ms. Greenwood had stated yes, the construction on the city hall, and a ditch project. Cole stated that he would like to hold a meeting in Unity.
Commissioner Kerns stated that he would like to see three of the five reappointed. They made their statement, and now there are issues that need to be addressed. Commissioner Britton concurred that the City of Unity needed to get along with business.
Commissioner Britton moved to appoint Rex Schoorl, Karen Boehlke and Jerry Hunter. Commissioner Kerns seconded the motion. Discussion: The City Councilor had made their statement and now they should get back together and work on the projects. Motion carried unanimously.
Northeast Area Commission on Transportation Proposal: A fax had been received by Mary Martini of ODOT requesting that changes made by Morrow and Umatilla Counties be ratified by the Baker County Board of Commissioners. Commissioner Britton moved to accept the changes. Commissioner Kerns seconded the motion. Motion carried unanimously.
Intergovernmental Agreement with the State of Oregon and the Baker County District Attorney: The agreement would allow the District Attorney to determine paternity tests and child support. This had been done in the past. Commissioner Britton moved to approve the intergovernmental agreement between the State of Oregon and the District Attorney. Commissioner Kerns seconded the motion. Motion carried unanimously.
Documents to be Signed: Order No. 2002-129: Appointment to the Baker/Morrow Regional Partnership Board. One vacancy had occurred due to the resignation of Mary Tomlinson. Applications of interest had been received by James Morris and Beverly Duby. Commissioner Cole stated that Ms. Duby was very familiar with this type of work and moved to appoint Ms. Duby to serve on the Baker/Morrow Regional Partnership Board. Commissioner Britton seconded the motion. Motion carried unanimously.
Order No. 2002-130: Appointing a member to the Self-Directed Individual Family Support Advisory Board. Several vacancies had occurred on the board due to expiration of terms. One response had been received by Dorothy Graham. Per a phone conversation with Ms. Graham, she would like to continue to serve on the Board. Commissioner Britton moved to re-appoint Dorothy Graham to the Self-Directed Individual Family Support Advisory Board. Commissioner Cole seconded the motion. Motion carried unanimously.
Order No. 2002-131 through 134: Appointing Pro-Tem's to the Baker District for Justice of the Peace. A request had been received by Judge Larry Cole, Baker Justice of the Peace to appoint Pro-Tem’s for the Baker District Justice of the Peace in times of his absence. Judge Cole had submitted four names: Lise Yervasi, Keith Long, Yvonne Riggs, and Teresa Stelting. Commissioner Kerns moved to approve Order No. 2002-131 through 2002-134 appointing to following to serve as Pro-Tems to the Baker District of the Justice of the Peace: Lise Yervasi, Keith Long, Yvonne Riggs, and Teresa Stelting. Commissioner Britton seconded the motion. Motion carried unanimously.
Order No. 2002-135: Appointing a member to the Parks and Recreation Board. Two vacancies had occurred on the Board. One of which was due to the term expiration of Nancy Gover. Ms. Gover had contacted the Board of Commissioners and requested to continue serving. Commissioner Cole moved to re-appoint Nancy Gover to the Parks and Recreation Board. Commissioner Britton seconded the motion. Motion carried unanimously.
Scheduled Business: County Empowerment Report: Burnt River Agricultural Water Quality Management Plan: Lynn Shumway was present as the Co-chair of the Burnt River 1010 committee. Mr. Shumway stated that a lot of effort went into the plan. The committee believed it is brief, clear, and understandable. The plan specifically addressed the temperature issue. One of things that they really worked to accomplish was to remove adversarial language so that landowners would not be "scared" by it. They re-wrote a lot of regulation in regards to enforcement, etc. to give the landowners some security. A lot of science was missing yet on the temperature criteria. This plan is just the first step. After the Total Maximum Daily Load (TMDL) meeting Burnt River will face another problem—the phosphorus levels. Mr. Shumway stated that the County Empowerment Committee had reviewed the plan twice, the local advisory committee had looked at the plan and some changes were made as a result of those reviews. Mr. Shumway stated that he was before the Board of Commissioners to ask for a letter of strong recommendation to send to the Oregon Department of Agriculture (ODA)
Commissioner Britton went over typos with Andi Sexton from the Soil and Water Conservation District.
Mr. Shumway stated that he would be going to Salem when the ODA review the plan.
Commissioner Cole questioned if the ODA had given any thoughts on the plan. Mr. Shumway stated that the only concerns they had were the enforcement issues, but believed that they were standing on solid ground and did not expect much change. Commissioner Cole asked if there would be any streamside modifications. Mr. Shumway stated that there was healthy riparian vegetation.
A draft of a recommendation letter was presented to the Board. Commissioner Britton requested that the endorsement and the question of who would handle the cost be treated as separate issues. Mr. Shumway stated that he had no objections to that change. Commissioner Britton asked if it would be okay to add in the letter all of the correspondence and work that had been done by all of the groups. Mr. Shumway had no objections.
Commissioner Britton moved to strongly endorse the Burnt River Agricultural Water Quality Management Area Plan and to provide a letter of support to the ODA.. Commissioner Cole seconded the motion. Motion carried unanimously.
Noxious Weed Policy:
Arnie Grammon, Director of the Baker County Weed Department, gave a power point presentation. Mr. Grammon stated the policy represented a large amount of work. The proposed policy uses state weed laws as a framework. The Baker County Weed Department was not creating new laws. Mr. Grammon commented that how the County chooses to go down that road and how quickly is another matter. Mr. Grammon confirmed that the cost share incentives that occurred in previous years in the county would continue. The Baker County Weed Board had approved the policy and County Counsel had reviewed it as well.
Mr. Grammon stated that the policy only dealt with a certain segment of a population of weeds called noxious weeds. These weeds are especially evasive and demand attention. Mr. Grammon stated that the Weed Department would be targeting land managers that choose not to be compliant. Mr. Grammon went over why the policy was needed—economic and environmental concerns. Mr. Grammon went over the steps of enforcement included in the policy and stated that he would be available to all of the landowners to provide assistance in creating a management plan. If there is no action taken after the plan is made, then they will become non-compliant. The plans will include timelines. Mr. Grammon confirmed that he would be supplying as much information as possible to those involved.
Commissioner Cole inquired as to if an ordinance needed to be passed. Mr. Grammon stated that since the Noxious Weed Policy is currently state law, the policy could be passed without having to sign an ordinance.
Mr. Grammon stated that after working closely with County Counsel, Sarah Hilderbrand, it was advised that it was the best approach to use state laws as a guideline and targeting only the “A” list of weeds.
Commissioner Kerns moved to approve the Baker County Noxious Weed Policy as presented by Mr. Grammon. Commissioner Cole seconded the motion. Motion carried unanimously.
Hewitt/Holcomb Park Septic System Bids:
Larry Taylor, Interim Parks Director, was present. Mr. Taylor stated that four bids were received. The one received from Comco was taken out due to the fact that it was faxed in and did not come as a sealed bid. Mr. Taylor recommended going with a local contractor—Graven, however the lowest bid was received by Steele's Septic System at $7,500.00. Commissioner Britton stated that he would like to go with the lowest bid so as to not violate the bidding process. Commissioner Britton moved to accept the lowest bid from Steele's Septic Tank Service. Commissioner Kerns seconded the motion. Discussion: Commissioner Kerns questioned what time frame the work would be done in. Mr. Taylor stated enough time had been included in the bid to allow for DEQ approval, etc. Discussion continued on the desire to award bids to local contractors. Motion carried unanimously.
Additions to the Agenda: Right-of-Way Easement for Parole and Probation Offender Housing: The easement would allow Oregon Trail Electric to place power lines into the offender housing. Commissioner Britton moved to approve the right-of-way easement. Commissioner Kerns seconded the motion. Motion carried unanimously.
Consider Sale of Substandard Parcel:
Order No. 2002-119 was presented to authorize the sale of Tax Lot 1599, located at Twn.9S R39E. Commissioner Britton moved to approve Order No. 2002-119 with a minimum price of $250.00. Commissioner Kerns seconded the motion. Motion carried unanimously.
Continuation of Agreement with Robertson, Monagle & Eastaugh:
Discussion was held on whether or not a lobbyist was still needed to obtain the federal appropriations for the Pacific Northwest Law Enforcement Training Center. Commissioner Cole stated that he had made some contacts and did not hear anything negative about Steve Silver of Robertson, Monagle & Eastaugh. Commissioner Kerns stated that he would prefer to see the appropriations approached in a different manner. Commissioner Cole stated that he had seen success in Mr. Silver’s work based on the trip in Washington, D.C. Mr. Silver is very skilled in how to get the commitments that the County needs for the project. Commissioner Cole stated that he would like to extend the contact as the odds are increased with Mr. Silver’s assistance. There would be no cost to the County as a grant from the Baker/Morrow Regional Partnership would be utilized for Mr. Silver’s fees. Commissioner Britton asked for a timeline of Mr. Silver’s services. Commissioner Cole answered that it would go through the end of the appropriations process around November of 2002. Commissioner Cole stated that Mr. Silver was currently drafting the language and working with the delegations of Alaska, Washington and Idaho. Mr. Silver also has personal relations with Alaska and Washington. Commissioner Britton, who is familiar with a lobbyist, stated that many legislatures looked to lobbyists for guidance.
Commissioner Britton inquired as to if Mr. Silver gave reports. Commissioner Cole stated that reports were currently received by via e-mail but it was possible to receive a more formal response. Commissioner Cole moved to extend the contract with Robertson, Monagle and Eastaugh for $25,000 between now and the end of the appropriations cycle to further the possibility of receiving federal funding for the Pacific Northwest Law Enforcement Training Center. Commissioner Britton seconded the motion. Motion carried unanimously.
Dan Forsea Exchange of Property and Timber Rights:
Commissioner Britton stated that he had been in contact with Mr. Forsea regarding Elkhorn Title’s concern on the timber rights. Mr. Forsea stated that he would be contacting his attorney and would get back to Commissioner Britton. Commissioner Britton stated that if Mr. Forsea does not want to move forward, the County might not be able to do the exchange. Commissioner Britton stated that he would try to get a response within the next week or so.
Discussion Topics: Idaho Power Pubic Hearing: Commissioner Cole had received a letter from Mike Nelson stating that he believed that the County has risked its standing at the table by missing the last two meetings. Commissioner Cole stated that he had made some calls and found out that Baker County did not lose any standing. Commissioner Cole stated that he had followed up on the request to seek legal counsel and had made a call and was waiting for a reply. Consensus was reached that Commissioner Cole would do additional research.
Calendar Comparison:
April 3rd: National Guard Armory Siting Task Force Meeting
April 4th: Town Hall Meeting in Halfway
April 17th: Commission Meeting
Commission Session was adjourned at 3:20 p.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners