COMMISSION SESSION
MINUTES


Session Date: 05/17/2005

Status: Archived

Minutes:
Board of Commission Meeting, 05/17/2005
COUNTY COMMISSIONER CHAIR FRED WARNER, JR
COUNTY COMMISSIONER TIM L. KERNS
COUNTY COMMISSIONER DR. CARL STIFF

The Baker County Board of Commissioners met for the May 17, 2005 Commission Session. Present were Commission Chair Fred Warner, Jr., Commissioner Tim L. Kerns and Commissioner Carl E. Stiff.

Citizens' Participation: Tim Keneipp, Chair of the Farmer’s Market was present before the Board. Mr. Keneipp stated that the Farmer’s Market would run from June 18th to September 23rd from 10:30 a.m. to 1 p.m. The organization was looking for a new location and were requesting permission to be able to consider the Courthouse lawn as one of the possibilities. Mr. Keneipp stated that they would need electricity and water. Farmer’s Market would carry their own insurance and would leave the area as they found it, including maintenance to the lawn if need be. Consensus was reached that details would need to be worked out with the Facilities Director and that Commissioner Warner would remain in contact with Mr. Keneipp.

Review/Approval of Minutes: Commissioner Kerns moved to approve the May 4, 2005 Commission Session minutes. Commissioner Stiff seconded the motion. Motion carried unanimously.

Additions to the Agenda:
*Resolution 2005-1031: Unanticipated Revenue in Watermaster's Office
*Forest Plan Revision & Resolution from Union County

Documents to be Signed:
Resolution 2005-1030: Transfers per 2004-05 Budget Document: Commissioner Warner stated that the transfers to the following lines were being done for the 2004-05 budget: Facilities, Fair Board Improvement, Technology, Consolidated Dispatch, Economic Development and General Fund. Commissioner Stiff moved to approve Resolution 2005-1030. Commissioner Kerns seconded the motion. Motion carried unanimously.

Additions to the Agenda:
Resolution 2005-1031: Unanticipated Revenue in the Watermaster's Office: Commissioner Warner stated that additional revenue in the amount of $6,036 had been received for the 2004-05 fiscal year to hire a temporary employee during the drought year. Commissioner Stiff moved to approve Resolution 2005-1031. Commissioner Kerns seconded the motion. Motion carried unanimously.

Ratification of Documents:
Interagency Agreement for Emergency Management: Commissioner Warner stated that the agreement was for the purchase of equipment and supplies in the amount of $1,150 for the COWEX exercise being held the following day. Commissioner Kerns moved to ratify the Interagency Agreement with the State of Oregon. Commissioner Stiff seconded the motion. Motion carried.

Intergovernmental Agreement with Oregon Water Resources Department: Commissioner Warner stated that the agreement would allow the County to receive funds from the State in the amount of $16,650 to be used to hire a temporary employee to deal with the drought conditions. Commissioner Kerns moved to ratify the agreement between Baker County and the Oregon Water Resources Department. Commissioner Stiff seconded the motion. Motion carried.

Scheduled Business:
Title II Projects: Present were Jim Young, Dick Haines and Kelly Cahill from the Wallowa-Whitman Forest Service and Roadmaster Helgerson. Commissioner Warner began by stating that the County was familiar with the new projects but was curious where the program was with the funds. Mr. Cahill reported that approximately $354,000 was left in Title II funds for completion of the Geiser Creek project. After much discussion, consensus was reached that Baker County would have two more payments coming for the next funding cycle, totaling over $300,000. Commissioner Warner asked for clarification on the process of submitting projects to the Resource Advisory Council (RAC). Mr. Haines stated that the Baker County Commissioners rank the projects and submit to the RAC. The RAC reviews and can take input from the Commissioners at the actual meeting. The RAC made the final decision. Commissioner Kerns stated that these funds, before becoming Title II funds, used to go directly to county road departments. Therefore, when considering projects, he liked to consider those that dealt with road issues. A brief discussion followed regarding Stices Gulch and its qualifications to become a Title II project. Consensus was reached that the reconstruction of Silver Creek was a better fit for Title II funding currently, as it dealt with watershed restoration and endangered species. Commissioner Warner added that at some point in time, Stices Gulch would need to be looked at. Mr. Haines stated that it would be helpful if the Forest Service and County could meet sometime in July to look at projects for the next funding cycle. Roadmaster Helgerson added that the Burnt River projects for the 2006 year would help Unity economically. Commissioner Warner emphasized the importance of having local contractors involved in the Silver Creek project. Mr. Cahill responded that being a local contractor was one of the evaluation criteria when submitting bids.

Consensus was reached to rate the Burnt River projects with the youth and the Silver Creek Road reconstruction as high and to include comments as to why and to list the Phillips Lake Bike Trail as high but further down the list. The Road Maintenance and ATM projects would be rated as low.

Contract Review Board:

Commissioner Warner moved into Contract Review Board.

Notice of Award for Cracker and Clarks Creek Bridges: Roadmaster Ken Helgerson and Kathy Hogge were present before the Board. Roadmaster Helgerson presented a letter from Anderson & Perry recommending that the Notice of Award be given to D.L. Edmondson. Roadmaster Helgerson stated that he was comfortable with the low bidder at a cost of $677,655. Commissioner Kerns questioned who produced the performance and payment bonds to be attached to the contract. Roadmaster Helgerson stated that the contractor would be required to submit and would be monitored by Anderson & Perry. Commissioner Stiff moved to sign the Notice of Award, accepting D.L.Edmondson’s bid for Cracker and Clarks Creek Bridge replacements. Commissioner Kerns seconded the motion. Motion carried unanimously.

Water Filtration System for Hewitt park: Ms. Lorrie Harvey was present before the Board. Ms. Harvey stated that tests done on the newly drilled well showed a high counts of iron, magnesium, etc. Ms. Harvey stated that she had visited with the Parks Board and residents within Richland regarding what filtration system would be best. MMW stated that they were not interested in bidding the project, however John Ebell with Artesian Blue had submitted a bid for $18,140. Commissioner Stiff questioned the maintenance cost. Ms. Harvey stated that it would cost approximately $200 a year and $500 a year for salt. Commissioner Kerns questioned why the water quality was not detected earlier. Ms. Harvey stated that the pump did not start working until this year. Commissioner Warner stated his concern over the bid amount and recommended that additional bids be gathered.

Award of Bid to Gem State Communications for Dispatch Consoles: Commissioner Warner stated that the County had received another grant from Homeland Security. A portion of that grant would go towards the purchase of two new consoles. Jerry Boyd, Director of the Center had received two bids, the low being with Gem State Communications at $118,788. Gem State’s bid included training and ongoing service. Commissioner Warner added that the 911 Board had approved the purchase at their previous meeting. Commissioner Stiff moved to award the bid for the purchase of two Zion consoles to Gem State Communications. Commissioner Kerns seconded the motion. Motion carried unanimously.

Contract #1368: Department of Revenue: Map Maintenance Agreement: Commissioner Warner stated that the agreement was for $7,695. The maintenance was provided by the Department of Revenue to update county maps. Commissioner Kerns questioned if the format of the maps were consistent with what the County was currently doing. Commissioner Warner stated that it was. Commissioner Kerns moved to approve the Agreement between Baker County and the Oregon Department of Revenue. Commissioner Warner seconded the motion. Motion carried unanimously.

Agreement #3216: Department of Corrections and Parole and Probation: Commissioner Warner stated that the agreement was renewed each biennium for the funding of Parole and Probation services. Commissioner Kerns moved to approve Agreement #3216 with the Department of Corrections. Commissioner Stiff seconded the motion. Motion carried unanimously.

Letter of Intent with Guyer, Lindley, Bailey and Martin: Commissioner Warner announced that the County had received its annual letter of intent from the auditors. Commissioner Warner added that he intended to submit a letter to the auditors, emphasizing the need to stay under what was budgeted for their services. Commissioner Stiff moved to accept the Letter of Intent. Commissioner Kerns seconded the motion. Motion carried unanimously.

Other Business:
Town Hall Meeting with Greenhorn: Ms. Nudd reported that the City of Greenhorn wanted to host a town hall meeting during the second week in August. Ms. Nudd stated that she would tentatively schedule it for the 10th and would confirm.

Additions to the agenda:
Blue Mtn. Forest Plan and Union County Resolution: Commissioner Kerns presented the Board with a draft resolution from Union County on the involvement of the UN. Consensus was reached to have the Natural Resource Advisory Committee review and respond with comment. Commissioner Kerns reported that the Blue Mtn. Forest Plan Revision Team would be presenting information regarding potential wilderness areas during the week of June 6th. Commissioner Kerns and Ms. Nudd would work to schedule the date.

Other business:
Comparison of Calendars:
May 17th: Bioterrorism Exercise begins
May 18th: Bioterrorism Exercise, Nuisance Task Force
May 19th: TEC Budget Board, Mayors Council in Unity
May 24th: Budget Board
May 25th: Budget Board
May 30th: Closed: Memorial Day
June 1st: Commission session, NHOTIC

Scheduled Business:
Measure 37 Applicants:

1. M37-05-007: Applicant: Jack C and Carla Lewis; Owner: Marcus & Gregory Sackos
County Planner Shawn Berry was present before the Board and gave a staff report. Mr. Berry stated that the current owners had purchased the property in 1976. Since that time, the property had been rezoned as Exclusive Farm Use. Mr. Berry stated that all criteria had been satisfied. Mr. Berry added that staff’s recommendation, in lieu of compensation, was to remove the land use regulations that had been imposed on the property after the date of the original purchase and to implement those regulations that were on RR2 at the time of purchase.

Mr. Kenneth Rockwell, property owner to the South, requested clarification on dates and the land use regulations that applied. Mr. Berry responded that RR2 regulations were established in 1974 and those would be the ones that apply to the property. Mr. Rockwell questioned what states regulations existed at that time. Mr. Berry stated that the application before them only dealt with Baker County land use regulations. Mr. Rockwell questioned how small the property could be divided up into. Mr. Berry responded that it could be partitioned into five acres parcels, however they could apply for a conditional use for smaller. .

Discussion followed regarding submitting Measure 27 claims to both the county and state. Mr. Rockwell stated his concern regarding the County making a decision that could affect the value of his property when he believed there were a lot of unknowns and the potential for various interpretations of Measure 37. Mr. Berry stated that Measure 37 had created a lot of unknowns, however by law the County was required to make a decision within 180 days.

Commissioner Kerns moved to approve the M37 application, submitted by Lewis/Sackos, by Order to be signed out of session and to accept the recommendation by the Planning Department, subject to Section V of the staff report. Commissioner Stiff seconded the motion. Motion carried unanimously.

2. M37-05-008: Applicant & Owner: Robert and Michael Black
Location:Twp. 8S, Range 40E, Section 29, Tax Lots 800 & 900
Mr. Berry stated that there were two parcels that had been originally purchased in 1979. Mr. Berry reported that the application had met all criteria and it was staff’s recommendation to modify the land use regulations, subject to conditions of approval.

Mr. Bob Black was present and stated that the state had condemned and took some of his property when they put the road in. Mr. Berry stated that it would be discussed when Mr. Black came in to develop his land.

Commissioner Kerns moved to approve the M37 application submitted by Mr. and Mrs. Black, by Order to be signed out of session, and to accept the recommendations by the Planning Department subject to the conditions of approval. Commissioner Stiff seconded the motion. Motion carried unanimously.

3. M37-05-009: Applicant & Owner: Jay Boman
Location: Twp. 10S, Range 39E, Section 35, Tax Lot 300
Mr. Berry stated that the current owner had purchased the property in 1971 and that the application had satisfied all six criteria. Mr. Berry stated that it was staff’s recommendation to modify land use regulations prohibiting the creation of the buildable lots in an Exclusive Farm Use Zone, subject to conditions of approval.

Commissioner Stiff moved to approve the M37 application submitted by Jay Boman, by Order to be signed out of session, and to accept the recommendations of the Planning Department subject to conditions of approval. Commissioner. Kerns seconded the motion. Motion carried unanimously.

4. M37-05-010: Applicant & Owner: Judy Parker
Location: Twp. 7S, Range 48E, Sections 17A, 17C, Tax Lots 1400, 200, 300 & 700
Request: To modify all land use regulations that were adopted by Baker County in Ordinance dated February 1, 1974 in an Exclusive Farm Use Zone or compensation in the amount of $2,760,000.

Mr. Berry stated that the property had been purchased in 1977. The property in question was adjacent to and surrounded by Rural Service Area. Mr. Berry stated that the application had satisfied all criteria and recommended modifying the land use regulations.

Discussion was held on what permits Ms. Parker would need to still get in order to have a hotel on the property and/or if she sold the property, if the new owners could build on the property. Mr. Berry stated that Ms. Parker would have to come before the Planning Commission regarding certain permits and as far as conveying the use to new owners–that was still unknown.

Commissioner Kerns moved to approve the M37 application submitted by Ms. Parker, by Order to be signed out of session, and to accept the Planning Department’s recommendations. Commissioner Stiff seconded the motion. Motion carried unanimously.

Commission Session was adjourned at 12:00 p.m.

Respectfully submitted,


Robin Nudd, Executive Assistant
Baker County Board of Commissioners