MINUTES




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 May 5, 2010 Commission
Session. Present were Commission Chair Fred Warner, Jr., Commissioner Carl E.
Stiff and Commissioner Tim L. Kerns.

2. Citizen’s Participation:
a. Ms. Eden Taylor from the Record Courier reported that she will no longer be
covering the County Commission Sessions due to a new job.

3. Review/Approval of Minutes:
Commissioner Stiff made a motion to approve the April 21, 2010 Commission
Session minutes as presented. Commissioner Kerns seconded the motion. Motion
carried.

4. Additions to the Agenda:
a. Blue Mountain Forest Plan Meeting in John Day on May 13, 2010. Commissioner
Stiff and Mr. Mark Bennett agreed to attend the meeting since Commissioner
Warner will be in Salem that day.
b. Brownlee Cabins Tour: Ms. Kathleen Cathey of Senator Wyden’s office and Mr.
Wade Foster of Representative Walden’s office along with Commissioner Warner
toured cabins along the Brownlee Reservoir on May 4, 2010. They made the tour
with Terry Ross and Nolan Ragsdale who both own cabins along the reservoir.
Commissioner Warner gave a brief review of their tour and the options to
landowners as put forth by Idaho Power.
c. Commissioner Warner reported that the Powder River Correctional Facility
will not be filling Jean Hill’s position, who plans on retiring the end of this
month. They will, however, have Ken Neff serve as the interim director and at
some point may use the director from the Snake River Facility.
d. Blue Mountain Forest Plan County Representative: Judge Grasty from Harney
County has garnered support from 3 surrounding counties to hire someone to
represent the counties as the Blue Mountain Forest Plan begins to go through
the public process. The Commissioner’s liked the idea but would like to know
more about the services provided. Commissioner Kerns made a motion to approve
$10,000 to be paid to Roger Lord over a two year period who shall represent the
counties affected by the Blue Mountain Forest Plan Revision contingent upon a
detailed summary of services provided. Commissioner Warner seconded the
motion. Motion carried.

5. Scheduled Business
a. Department Update: Parks Department ~ Karen Spencer
The Parks Department received a total of $240,000 in grant funding for
improvements to be made at Holcomb Park. Those projects include a boat ramp
extension which is scheduled to be completed by early Fall and the addition of
26 RV sites, which will be completed within the next month. Ms. Spencer has
also applied for a $60,000 grant for new boarding floats on the ramps. They
have made several upgrades at the Park including a newer mower, computer and
the purchase of a used Kawasaki Mule. They plan on painting the buildings that
will blend in more with the landscape and adding landscape around the new
Comfort Station. They plan on turning a section of the park into a dry
landscape area, which will require less maintenance and will free them up to
attend to the campers. They are still struggling with the floating restroom
buoy, which drops to the lower shelf in the river as the water level drops.
They have been able to use divers in the past, however safety concerns have
been raised and they can no longer use the divers. They plan on attaching an
additional buoy to help prevent the buoy from falling to the bottom shelf.
They have been short handed at the park with the Idaho Power position currently
vacant. Commissioner Warner suggested that the County hire a temporary person
and have Idaho Power reimburse the County until they are able to fill the
position. Ms. Spencer will be working with the Sumpter Valley Railroad in
repairing the roofs at the park in Sumpter. They have seen an increase in
revenue at the park and so far the fishing has been great.

b. Powder Basin Watershed Council (PBWC): Kirkway Project Rock Donation
Request ~ Vicki Wares, Chuck Risley and Jason Bland
The Kirkway Project was started four years ago when landowners began to
recognize erosion along the riverbank. In an effort to prevent further
erosion, Mr. Ward, who owns property on the west side of the river used asphalt
and other means to stabilize the riverbank. In doing so, it forced the water
to further wear down the east riverbank. Landowners took action and used
concrete, tires, rock, etc to help prevent further erosion. In 2007 the PBWC
obtained a grant to hire Anderson Perry to evaluate the ½ mile section of the
river. Other funding will come from landowners and an Oregon Watershed
Enhancement Board (OWEB) grant of $118,800. The Baker Valley Irrigation
District and the Bureau of Reclamation have donated time for survey work,
debris removal and the construction of the instream j-hook. The City of Baker
City has also donated the use of their trucks to haul the rock to stabilize the
riverbank. Ms. Wares reported that the landowners had been contacted and were
interested in the project, however a lot of the landowners were retired and had
limited funding for this type of project. Mr. Bland added that it is a great
project for the community and the landowners. He stressed the importance of
having the landowners as an active participant. Ms. Wares requested the County
donate 502 cubic yards of 24 inch angular rock, adding that at least 80% needed
to be 24 inches or larger, the remaining 20% could be of smaller size. Mr.
Helgerson stated that they had obtained a lot of rip rap from the Anthony Lakes
road project, which was being stored at the Butler pit, however they would
prefer the PBWC use rock that had been blasted at their Tucker Pit, which is
located about five miles outside of Keating. Commissioner Warner added that
the County had put a lot of time and money into hauling the Anthony Lakes rock
but that he was agreeable with having Mr. Helgerson and Ms. Wares work with the
City to haul the rock from the Tucker pit. Ms. Wares didn’t think the project
would require prior staging and would take place in October after water levels
had dropped. Commissioner Warner made a motion to approve the donation of 500
plus yards of rock to the Kirkway Restoration project. Commissioner Stiff
seconded the motion. Motion carried.
c. Forest Service Update: Steve Ellis, Teena Ballard, Jim Gilsdorf, and Barry
Imler and Jen Fitzpatrick from the Washington D.C. office.
Mr. Ellis reported that Ken Anderson, District Ranger, has announced his
retirement. They plan on filling that position, which could take up to 120
days. The Snow Basin Draft Environmental Impact Statement (DEIS) has been
reviewed by the Forest Service and is now making it’s way to the regional
office. They plan on having the DEIS available to the public by late June or
early July. Mr. Gilsdorf added that they are looking at four different
alternatives ranging from no treatment to a variety of treatments. They will
have a preferred alternative selected once it goes out to the public for review.
The Forest Service received $13.5 million in American Recovery and Reinvestment
Act (ARRA) funds. They will use $1.6 million of those funds to maintain over
90 miles of trails in the Elkhorn Mountains and Monument Rock Wilderness
areas. There will also be 9.5 miles of reconstruction work done to the Elkhorn
Drive Scenic Byway to Anthony Lakes. They plan on upgrading culverts and
repairing bridges and roads in the area. They also plan on spending up to $2
million on hazardous fuel treatments across 10,000 acres of the forest. A
complete project list is available by contacting the Forest Service.
Commissioner Warner asked a bypass road would be built to work around the road
reconstruction. Mr. Helgerson thought they could get through the project
without the need for pilot cars. Commissioner Warner also asked about the
Halfway to Enterprise road and if any maintenance was planned for that road.
Mr. Ellis replied that some funds had been earmarked for that road, but that it
would consist of patching the road and not resurfacing it.
The Travel Management Plan Biological Assessment (BA) is currently being
drafted, which is required by the Endangered Species Act. The BA will then go
to the US Fish & Wildlife Service and the National Marine Fisheries Service in
early July for their input which is expected to take up to 135 days. They will
analyze the document as it pertains to endangered species such as bull trout,
salmon and steelhead. It will not look at other species such as elk. Certain
terms and conditions may be passed down to the Forest Service that they would
have to mitigate. They expect to begin implementing the plan in 2011, however
the appeal period may push the date back. Mr. Ellis would like to conduct a
public education series once the plan is rolled out so they can give the public
time to learn which roads will be closed. They will work with rangers on
certain issues where a road may need to be opened for fire needs or woodcutting
in case of a blow down.
Mr. Ellis signed the FEIS and Record of Decision (ROD) for the Forest Invasive
Plant program on April 2, 2010. The FEIS and ROD will be available once they
are published in the federal register, which should be any day at which point
the appeal period will start. The program will treat 8,000 acres of forest
land annually through a variety of methods. Aerial application will be used in
the rugged areas of the Hells Canyon NRA.
The Hells Canyon National Recreation Areas received $145,000 for being
recognized as one of four “special places” in the national forest of Oregon and
Washington and Western Idaho. The Forest Service has hired college students
over the next two years to work in the Hells Canyon NRA in both the Oregon and
Idaho sides to provide information to the public and conduct trail
maintenance. Commissioner Kerns asked if harvesting would continue at the
current rate or if it would change. Mr. Ellis replied that they are on track
to meet or exceed the target this year. He would suggest that the County
remain actively involved in the Blue Mountain Forest Plan Revision since the
allowable sale quantity (ASQ) would be determined in this plan for the next 15
years. The ASQ is determined by budget and other factors. Mr. Helgerson
voiced his concerns of the declining timber receipts and what that means for
the Road Department. He said it would be helpful to him if he knew the actual
timber cuts projected for the upcoming year so that he could budget
accordingly. Mr. Ellis replied that sometimes timber cuts that are awarded and
cuts that are harvested don’t always happen in the same year, which means it
can be difficult at times to nail down an exact number. He sees a need for
more active forest management and he hopes that harvest levels don’t further
decline. Mr. Gilsdorf added that marketing hasn’t been the problem, but that
the price of lumber has dropped. Commissioner Kerns asked about grazing
permits. Ms. Ballard replied that they are currently working on getting an
allotment analysis done. Any vacant allotments will be at the bottom of the
list if it doesn’t have an analysis scheduled. Mr. Imler added that the D.C.
office tries to give the local offices as much flexibility as
possible.

Ms. Ballard reviewed the Title II proposal for the South Fork Burnt River
Watershed Restoration project that would treat noxious weeds, remove juniper
and improve streams. Mr. Mark Bennett added that he was an allotment lease and
was pleased with the work they have done thus far. Commissioner Warner made a
motion to submit the Title II South Fork Burnt River Watershed Restoration
project to the Resource Advisory Committee (RAC). Commissioner Stiff seconded
the motion. Motion carried.

d. Contract Review Board
1. Courthouse window replacement bid approval: Mr. Vince Woods reported that
he received two bids out of the four contractors that reviewed the project.
Bend Commercial Glass submitted a bid of $41,615 which would include 50 windows
and a handicap door operator in the basement. Ne-Hi Enterprises submitted a
bid of $41,750 which included just 45 windows. The third floor courtroom
windows will maintain their historic look with the wood trim, but most other
windows will have the vinyl trim. The project is expected to be completed by
the end of June. Commissioner Kerns made a motion to accept the bid as
submitted by Bend Commercial Glass. Commissioner Stiff seconded the motion.
Motion carried.

6. Documents to be Signed:
a. Order No. 2010-131: Appointing Chris Dunn to the Baker County Fair Board for
a term set to expire May 1, 2013. Commissioner Kerns made a motion to adopt
Order No. 2010-131. Commissioner Stiff seconded the motion. Motion carried.
b. Order No. 2010-132: Appointing Dean Defrees to the Baker County Fair Board
for a term set to expire May 1, 2013. Commissioner Kerns made a motion to
adopt Order No. 2010-132. Commissioner Stiff seconded the motion. Motion
carried.
c. Order No. 2010-133: Appointing Robert Ellingson to the Baker County Fair
Board Advisory Committee for a term set to expire May 1, 2011. Commissioner
Kerns made a motion to adopt Order No. 2010-133. Commissioner Stiff seconded
the motion. Motion carried.
d. Order No. 2010-134 Amending Order No. 2010-128: Appointing Carl E. Stiff,
M.D. to the Northeast Oregon Housing Authority Board for a term set to expire
May 20, 2015. Commissioner Kerns made a motion to adopt Order No. 2010-134.
Commissioner Warner seconded the motion. Motion carried.
e. Order No. 2010-135: Appointing Ted Orr to the Baker County Planning
Commission for a term set to expire September 1, 2011. Commissioner Kerns made
a motion to adopt Order No. 2010-135. Commissioner Stiff seconded the motion.
Motion carried.
f. Order No. 2010-136: Appointing Alice Trindle to the Baker County Planning
Commission for a term set to expire September 1, 2014. Commissioner Kerns made
a motion to adopt Order No. 2010-136. Commissioner Stiff seconded the motion.
Motion carried.
g. Order No. 2010-137: Appointing Keith Long as Justice of the Peace Pro-Tem
for a term set to expire on May 5, 2011 and Order No. 2010-139: Appointing
Damien Yervasi as Justice of the Peace Pro-Tem for a term set to expire on May
5, 2011. Since Mr. Yervasi is the spouse to current Justice of the Peace Judge
Lise Yervasi, Mr. Yervasi has agreed to act as pro-tem under the conditions
that he will not be paid for any services he performs as the Justice of the
Peace Pro-Tem. The Board discussed the availability of Mr. Yervasi considering
he would at times be unavailable the same time that Judge Yervasi is
unavailable. Mr. Long stated he’s retired and in the area most of the time and
would be willing to come in as needed. Commissioner Warner made a motion to
adopt Order No. 2010-137 and Order No. 2010-139 under the condition that Mr.
Yervasi works as a pro-tem volunteer. Commissioner Stiff seconded the motion.
Motion carried. Ms. Tami Green was present to give the oath of office to Mr.
Long. She would prepare the documentation for Mr. Yervasi and swear him in at
a later time.
h. Order No. 2010-138: Appointing Mark Johnson to the Baker County Fair Board
for a term set to expire May 1, 2013. Commissioner Kerns made a motion to
adopt Order No. 2010-138. Commissioner Stiff seconded the motion. Motion
carried.
i. Resolution No. 2010-1005: Unanticipated funds to be expended in the Fair
Board fund. Commissioner Kerns made a motion to adopt Resolution No.
2010-1005. Commissioner Stiff seconded the motion. Motion carried.
j. Resolution No. 2010-1006: Unanticipated funds to be expended in the Fair
Board Improvement fund. Commissioner Stiff made a motion to approve Resolution
No. 2010-1006. Commissioner Kerns seconded the motion. Motion carried.

7. Ratification of Documents:
a. Amendment #9 to the DHS 2009-11 IGA for the Financing of Mental Health,
Developmental Disability & Addiction Services Agreement #127287. Commissioner
Stiff made a motion to ratify Amendment #9. Commissioner Kerns seconded the
motion. Motion carried.
b. Amendment #10 to the DHS 2009-11 IGA for the Financing of Mental Health,
Developmental Disability & Addiction Services Agreement #127287. Commissioner
Stiff made a motion to ratify Amendment #10. Commissioner Kerns seconded the
motion. Motion carried.
c. Pinnacle Architecture, Inc Professional Services Supplement #1 for the
Recovery Village project. The supplement calls for the hiring of a
geotechnical engineer to conduct test pitting and report on the findings with a
recommendation to Pinnacle Architecture, Inc. at a cost of $2,750.00.
Commissioner Kerns made a motion to ratify Supplement #1. Commissioner Stiff
seconded the motion. Motion carried.
d. Pinnacle Architecture, Inc Professional Services Supplement #2 for the
Recovery Village project. The supplement is to pay $1,122 to a landscape
designer to design the landscape and irrigation plan as required for the Baker
City Site Plan Application and bidding. Commissioner Kerns made a motion to
ratify Supplement #2. Commissioner Stiff seconded the motion. Motion carried.

e. IGA #010-9245--S-Fish with Oregon Dept. of Fish and Wildlife for the
Phillips Lake Project. The agreement runs from March 15, 2010 through June 30,
2011 for the use of the merwin nets to be used to remove yellow perch from
Phillips Reservoir at a cost not to exceed $11,088 to be paid to Baker County.
Commissioner Kerns made a motion to ratify IGA #010-9245—S-Fish with ODFW.
Commissioner Stiff seconded the motion. Motion carried.

8. Other Business
a. Comparison of Calendar:
05/05/10 Idaho Power B2H Meeting
05/11/10 Contracted Marketing Director Interviews & EDC Meeting
05/19/10 Commission Session

9. Adjourn
a. The May 5, 2010 Commission Session was adjourned at 12:00 p.m.

Respectfully Submitted,



Heidi Martin, Executive Assistant
Baker County Board of Commissioners