Minutes: Board of Commission Meeting, 02/21/2007 COUNTY COMMISSIONER CHAIR FRED WARNER, JR
COUNTY COMMISSIONER TIM L. KERNS COUNTY COMMISSIONER DR. CARL STIFF
Baker County Board of Commissioner’s Session Minutes
February 21, 2007
The Baker County Board of Commissioners met for the February 21, 2007
Commission Session. Present were Commission Chair Fred Warner, Jr. Commissioner
Tim Kerns, and Commissioner Carl Stiff.
Citizen Participation: None
Additions to the Agenda:
· Mr. Dick Haines addressed the Commissioners with his response to a document
entitled, Forest Analytics, by Mike Dubrasich.
Review and approval of Minutes: Commissioner Stiff moved to approve the
February 7, 2007 Commission Session minutes as presented. Commissioner Kerns
seconded the motion. Motion carried unanimously.
Schedule Business:
Water Master Department Update: Rick Lusk and his assistant, Marci Hayes gave
a hand out titled, “Snow Pack Galore”. The hand out included Snow Precipitation
graphs and charts for the Baker County and surrounding areas. Basin wide
percent of averages are as follows:
Owyhee: Snow Water Equivalent: 54% Precipitation: 82%
Malheur: Snow Water Equivalent: 66% Precipitation: 84%
Grand Ronde, Powder, Burnt, Imnaha Snow Water Equivalent: 70% Precipitation:
84%
Umatilla, Walla Walla, Willow: Snow Water Equivalent: 85% Precipitation: 106%
Access to wells, reviewing stream flows and lake levels, and water rights were
discussed and the process to determine those rights. See State of Oregon Water
Resources Department at: http://www.wrd.state.or.us/ for detailed information
on the process.
Measure 37 Claims:
1. ORDER NO. 2007- 225 M37 06-04 Claim, Kenneth D. and Janet H.
Alexander.
The applicants are requesting compensation in the amount of $192,248.00 or
modification or removal of all land use regulations that were adopted by Baker
County since the claimants’ dates of ownership, September 3, 1980. This would
include the provisions of the Baker County Zoning and subdivision Ordinance
83-03. The applicant’s proposed use is, Al uses allowed as of 3 Sept. 1980,
including but not limited to division of property into two buildable parcels.”
Planning Department Recommendation: To not apply all land use regulations that
were adopted or enforced by Baker County that would restrict the property from
the date the current property owners acquired an interest in the property,
September 3, 1980.
Commissioner Warner moved to approve Order No. 2007-225, M37-06-40 claim filed
by Kenneth D. and Janet H. Alexander, based on the information contained in the
staff report, the review criteria, findings of fact, the Board of Commissioners
find the applicant has satisfied the criteria for a valid Measure 37 claim.
Commissioner Stiff seconded. Motion carries.
2. ORDER No. 2007-226 M37-06-43 claim, Kristine K. Masterson, trustee
of the Kristine K. Masterson Trust.
The applicants are requesting compensation in the amount of $300,000.00 or
modification or removal of all land use regulations that were adopted by Baker
County since their date of ownership, March 2, 1970. This would include the
provisions of baker County Zoning and Subdivision Ordinance 83-3, the Baker
county Zoning Ordinance of 1974, and all amendments to the Baker County Zoning
Ordinance of 1970 that were adopted after their date of ownership. The
applicant’s specific proposed use is to create buildable sites on her property.
This may entail partitioning or subdividing the property, but divisions are not
specifically mentioned in the application.
Planning department staff recommendations: To not apply those land use
regulations that were adopted or enforced by Baker County that would restrict
the property owners’ use of the property from the date the current property
owners acquired an interest in the property, March 2, 1970.
Commissioner Warner moved to approve Order No. 2007-226, M37-06-43 claim filed
by Kristine K. Masterson, trustee of the Kristine K. Masterson Trust, based on
the information contained in the staff report, the review criteria, findings of
fact, the Board of Commissioners find the applicant has satisfied the criteria
for a valid Measure 37 claim. Commissioner Stiff seconded. Motion carries.
Scheduled Business:
PROCLAMATION for National Spay/Neuter Day February 27. Dick Haines presented a
Proclamation to name February 27, as SPAY DAY. Mr. Haines would like to promote
healthier pets. Commissioner Warner moved to adopt February 27 as National SPAY
DAY. Commissioner Stiff seconded. Motion Carried.
Professional Services Agreement with Bruce Litke and the Parks and Recreation
Department. Lorrie Harvey summarized as follows: Mr. Litke has fulfilled the
previous contract requirements in good faith and a professional working manner.
Background Information : In January of 1996, DEQ issued a Water Pollution
Control Facilities Permit to install a gauge into the Lagoon located at the
Sumpter Valley Dredge Tailings. Bruce Litke has been inspecting the Lagoon on a
monthly basis since May 1, 2006 and prepares an annual report that is submitted
to DEQ. His report includes Depth of Lagoon and any comments he may wish to
address. He informs the Parks Department if the water level falls below 2.5’ so
that is may be corrected and remain in compliance.
Financial/Budgetary Considerations: During the 2006 season Mr. Litke was paid
$40.00 for each call out inspection (once a month) and $.44 per mile. This
amendment reflects an increase of call out inspection to $55.00. This has been
a budgeted expense for the new fiscal year of 2006-2007 and into 2007-2008.
The Professional Services Agreement is for a very specialized profession and is
not put out for bid.
Commissioner Stiff moved to approve Professional Services Agreement for Bruce
Litke. Commissioner Kerns seconded. Motion carried.
Addendum #1 to Lease Agreements for 10 acres and 40 acres with DeFrees Ranch
and the Sumpter Valley Dredge Tailings. Parks Department Director Lorrie Harvey
presented the addendum that is an option to renew an existing lease. The
grazing of cattle has helped keep the noxious weeds under control and DeFrees
are complying with the lease specification. Baker County entered into a lease
agreement on April 7, 2004 and has continued to renew both leases.
Financial/Budgetary Considerations: Consideration for this agreement shall be
the mutual benefits received by the parties. Tenant shall receive benefit of
use of the Land for feeding and grazing cattle. Baker County shall receive the
benefit of improvement to the land through introduction of desirable plant
communities and reduction of noxious weeds
Commissioner Stiff moved to approve the Addendum # 1 Lease agreemnt for 10
acres and 40 acres with DeFrees Ranch Sumpter Valley Dredge Tailings.
Commissioner Kerns seconded. Motion carried.
Hewitt and John Holcomb Park Office employee with the Baker County Parks &
Recreation Department. The Parks Board recommends starting the process and
employ a part time seasonal employee to work at the Hewitt park office from
April 1 through September 30, 2007. In preparing for transition of the 2008
Recreation season, it was discussed in detail the process for running the park
with new management and the addition of an Idaho Power employee and how all of
that gets organized to meet the needs of the public and continue with care and
maintenance of the parks. The Parks Board unanimously recommended that the
Board of Commissioner accept this recommendation to add a park employee for the
2007 season.
Financial/Budgetary Considerations would be approximately $9.00 with no
benefits and is estimated at approximately $7500 / year. Parks Director would
continue to stay at ¾ time to offset the cost. A part time budget line has
already been established and funds would need to be transferred from Parks
Director personnel budget line to the part time personnel line.
Commissioner Warner moved to approve the hiring of a part time seasonal park
assistant. Commissioner Kerns seconded. Motion carried.
Scheduled Business continued:
Parks Director Schedule: In August of 2006 it was agreed upon by the Board of
Commissioners to allow the Parks Director to start ¾ time in September 2006.
The Parks Director schedule should remain at ¾ time until such time that the
Parks Board requests the position to go back to full time employment. The
existing hours would remain Monday – Thursday 7:30 a.m. to 3:30 p.m. with ½
hour lunch. The Parks Board asked that Lorrie’s schedule be flexible if need be
and that she may need to work Fridays and take another day off during the busy
season. Lorrie agreed.
Financial/Budgetary consideration: By changing the position to ¾ time for 4
more months, Baker County will see a savings of approximately $15,000 from the
personal services line for fiscal year 2006-2007.
Commissioner Warner moved to approve Lorrie Harvey’s current ¾ time schedule.
Commissioner Stiff seconded. Motion carried.
Documents Signed:
Amendment #4 to Oregon Commission on Children and Families 2005-2007 County
Intergovernmental Agreement 0507BAK. The amendment reduces the Healthy Start
award from $35,625 to $0.00. Baker County does not have a Healthy Start program
and will not during the current biennium. Therefore, the Sate Commission has
reduced our award to $0.00 and reallocated those funds to other Healthy Start
programs around the state. There is not a budgetary impact at this time.
Commission on Children and Families will be writing grants to help support
services to our at-risk families. The Commissioner reviewed, and Commissioner
Warner signed.
Additions to the Agenda:
Fire Suppression Document from Dick Haines. Mr. Haines commented on the
suitability of the audit performed by the Office of Inspector General (OIG)
regarding an increase in Wildland Fire use fires (WFU). Mr. Haines concern is
about approving a lightning caused ignition. A key point to remember is that
fuel conditions have changed over the past 100 years, particularly the active
and very effective suppression of forest and range fires by federal agencies.
Once a fire is underway and gains significant momentum it is commonly
impossible to suppress it, with or without resources available, significant
financial costs, until weather conditions change. His concern is approval of
the WFU audit, and believes the approvals should be made on a case by case
basis, week by week, as conditions can and do vary. Mr. Haines suggests Steve
Ellis and Matt Reidy should give key feedback for the Commissioners regarding
the WFU letter.
Comparison of Calendars:
February 23, Conference Call, Michele Edwards & Keith Breswick, Mental
Health
February 26, Baker Sanitation Sign off on report
February 26, Pine Creek Meeting Halfway Powder Basin Watershed Council
February 26, NHOTK Planning @ Library with Peggy Timm
February 27, TLTC Meeting Sunridge
February 27, Sunridge Kiwanas presentation with Peggy Timm
February 28, Commission on Children and Families / Mickey Lansing Interview
February 28, Town Hall Meeting City of Huntington
March 1, Kathleen Cathy
March 1, Renewable Energy Meeting Sunridge
March 1, Salem Commission on Children Legislative Training Phone Conference
March 2, Renewable Energy Pellet Stove
March 5, Baker / Morrow Regional Partnership Meeting
March 6, Kari Borgen / Baker City Herald
March 7, Commission Session
March 7, MH&DDAC Meeting