Minutes: Board of Commission Meeting, 11/26/2008 COUNTY COMMISSIONER CHAIR FRED WARNER, JR
COUNTY COMMISSIONER TIM L. KERNS COUNTY COMMISSIONER DR. CARL STIFF 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 November 26, 2008
Commission Session. Present were Commission Chair Fred Warner, Jr.,
Commissioner Carl Stiff, and Commissioner Tim L. Kerns.
2. Citizen’s Participation:
None
3. Review/Approval of Minutes:
Commissioner Kerns moved to approve the November 5, 2008 Commission Session
minutes as presented. Commissioner Stiff seconded the motion. Motion carried.
4. Additions to the Agenda:
a. Account Balance Review—Christena Cook
5. Scheduled Business
a. Department Update: Weed Department
Mr. Arnie Grammon began by discussing funding for the Weed Department. In May
of 2008, the Weed Levy was renewed for four years. Approximately $20,000 of the
levy has been set aside specifically for roadside control of noxious weeds.
Other funding comes in the form of grants.
Focus areas in 2008 include the Alder Creek area. The Tri-County area spent
nearly $125,000 in that area and received $31,000 of BLM grant funds for the
project. The Foster Gulch Fire Complex area continues to be treated primarily
for leafy spurge. For the 2008-2009 year, Mr.Grammon would like to expand the
mandatory white top treatment area boundary to include the area east of the
freeway in Baker Valley.
Mr. Grammon reported another successful herbicide giveaway with a total of 701
participants The program provides five gallons of herbicide at a cost to the
Weed Departmetn of $4.85 per person. Mr. Grammon is especially pleased with
the success of the program this year considering a lot of the ranchers have cut
back on weed control this year due to lower cattle prices. The cost-share
program has also been successful.
b. Contract Review Board:
1. Sheriff’s Office: Sheriff Southwick reported that his department would like
to enter into a sole source contract with Lexipol, LLC to provide services for
the development and implementation of current policies and procedures at a cost
of $5,950. City County Insurance Services has granted $2,975 to the Sheriff’s
office to cover half of the initial cost of the contract with Lexipol, LLC.
Commissioner Warner moved to approve the sole source designation with Lexipol,
LLC . Commissioner Stiff seconded the motion. Motion carried.
2. Personal Services Contract for the Grant Administration of the CDBG HC701
for the Regional Housing Center. The agreement is for the period of January 1,
2009 through December 31, 2009. Community Connections of NE Oregon will be
paid no more than $48,000 for services outlined by the OHCS Grant Agreement
#920. Commissioner Stiff made a motion to approve the contract with Community
Connections of NE Oregon for the grant administration of HC701. Commissioner
Kerns seconded the motion. Motion carried.
3. Technology Dept.: Accept bid and designate sole source with Manage, Inc., a
business partner of IBM. Mr. Bill Lee reported that they would like to
purchase a new server from Manage, Inc to replace their current server, which
is overdue. After sending out bids, only Manage, Inc submitted on time. The
cost of the IBM E4A server is $32,871.05. Commissioner Kerns made a motion to
accept the bid and approve the sole source designation with Manage, Inc.
Commissioner Stiff seconded the motion. Motion carried.
Public Hearing: RLF Homestead Properties Zone Change RV Park Request:
Commissioner Warner opened the public hearing and read the requirements. The
hearing today will be to brief the Commissioners on the topic and to receive
testimony. A second hearing will take place on December 3, 2008, when the
Commissioners will take into consideration any additional testimony and
potentially make a decision. The applicant, Western Land Management, LLC.
(WLM), is requesting a zone change from Exclusive Farm Use (EFU) to the
Homestead Recreation Limited use combining zone. The proposed area consists of
276.18 acres, however only 76.18 acres would be re-zoned and would host 25
cabins, 25 tent sites, and 10 RV sites as well as other structures. A
conditional use permit would need to be obtained within two years in order for
the zone change to remain valid if it is approved by the Commissioners.
Mr. Greg Donaldson, an employee of Western Land Management, LLC discussed the
property and presented their reasons for wanting the zone change. Mr.
Donaldson expressed a need for the development of the property, which is
located four miles north of Oxbow. The development would provide organized
housing that would bring added economic value to the area. It would also
provide a more structured area for campers to stay and would limit vandalism in
the area. WLM has already spoken to the Sheriff’s office about having a deputy
patrol the area. WLM has contacted County Roadmaster Ken Helgerson about road
maintenance, speed control, and dust abatement. The road is currently
maintained by Idaho Power. They have also contacted the Pine Valley Rural Fire
Department, the Pine Eagle Clinic and Halfway Ambulance for their services.
Water will come from a commercial well and property springs. The sewer system
would use advanced treatment technology to reduce drain fields. Power is
already available on the property from former mining operations. Education
about the history and culture of the area would be provided through an
interpretive site.
Commissioner Warner opened the meeting for public testimony.
Jim Schroeder, an adjacent landowner and former Hells Canyon Adventures
employee, is in support of the development. He sees a need for camping for
those interested in taking jet boat tours.
John Binford, an adjacent landowner, owns property at the end of the road. He
asked why there was a “For Sale” sign on the property and then offered to
purchase the property. Mr. Mark Bennett stated that his comments were outside
of the purpose of the hearing, which is to receive comment on the proposed zone
change. Mr. Binford has concerns of OHV damaging the landscape in the area and
trespassers on his property. He also has concerns about the mine located on
the property. Other than the previous listed reasons, Mr. John sees it as a
benefit to the County.
Ms. Margaret Johnson with Idaho Power Land Management Services stated they were
neutral in the decision. They were attending the hearing primarily to answer
questions and clarify some information. They would like to see condition #10
changed so that the agreement was with the County and not with Idaho Power.
They would also like law enforcement and cultural resources to be handled by
the County with Idaho Power as a willing particpant. Idaho Power does have
certain requirements placed on them by FERC for boat docks and they will need
to be consulted about this issue should it arise.
Bill Nagy, an adjacent landowner north of the property, supports the
development.
Commissioner Warner read aloud two letters that were submitted by Dixie Taylor
and Terry and Julie Stromer, who are residents of the area. Both letters were
in opposition of the zone change and development.
Commissioner Warner then asked for a rebuttal from the applicant. Mr.
Donaldson clarified that the “For Sale” sign was from previous efforts of
trying to sell the property without success therefore, the reason why they are
exploring their options for a zone change. Mr. Donaldson responded to the mine
concern by stating that WLM has monitoring permits and submits quarterly
reports to the DEQ. They have been in compliance for the past two years.
Commissioner Warner closed the public hearing for discussion.
Commissioner Warner stated that he would like to see the conditions amended so
that the County deals directly with the applicant in conjunction with
interested agencies. He would like the County to have the authority over all
County matters. Commissioner Warner also stated that he would like to include
a boat launch in the conditional use permit should the zone change be
approved
Mr. Bennett stated that the Planning Department would make the modifications
and would be prepared for the next hearing scheduled for December 3, 2008.
2007-2008 Audit Review:
Mr. Dave Lindley of Guyer and Associates was present along with Ms. Christena
Cook, Baker County Administrative Services Director, to review audit findings
for the 2007-2008 fiscal year. Net assets for the County increased 4% due
primarily to the Anthony Lakes road project and the renovation of the Old
Armory. A decrease in fines and forfeits was reflected in a decrease in
revenues. Expenses increased by $499,656 with increases in pass through funds
for mental health services and grant funds for the Commission on Children and
Families department. Over budget expenditures totaled $44,242, however it was
not in excess of appropriations. Baker County proved to be in statutory
compliance according to Mr. Lindley.
6. Documents to be Signed
a. Order No. 2008-184 Re-appointing Roxanna Swann to the Commission on Children
and Families: Commissioner Kerns made a motion to approve Order No. 2008-184.
Commissioner Stiff seconded the motion. Motion carried.
b. Order No. 2008-185 Appointing Melinda Sherrieb to the Baker County Museum
Commission and Order No. 2008-186 Appointing Sam Haines to the Baker County
Museum Commission. Commissioner Kerns made a motion to approve Order No.
2008-185 and Order No. 2008-186. Commissioner Stiff seconded the motion.
Motion carried.
c. Order No. 2008-183 Appointing members to the Mental Health & Developmentally
Disabled Advisory Committee. Commissioner Stiff listed the different
categories, which include: Agency, Consumer, School, Senior, Residential,
Public, and Law Enforcement. Commissioner Stiff made a motion to approve the
following people as members of the MH&DDAC: Sheri Shaw, Rhonda Culley, Linda
Tester, Sheila Dolby, Barry Nemec, Bob Heriza, Mary Jo Carpenter, Dustine
Dougherty, Jim Braschler, Michelle Wood, Staci Erickson. Their terms will be
set as follows: Rhonda Culley, Linda Tester, Barry Nemec, Bob Heriza and
Dustine Dougherty will serve a term to expire in November of 2009. Sheri Shaw,
Sheila Dolby, Mary Jo Carpenter, Jim Braschler, Michelle Wood, and Staci
Erickson will serve a term to expire in November of 2010.
Discussion
Ms. Janice Taylor along with Ed and Susanne Moses, and Gary Dielman voiced
their concerns and asked that the motion be amended to include Gary Dielman and
Ed Moses on the committee. Commissioner Stiff stated that he wanted to limit
the committee to eleven members. Commissioner Warner added that there is a
conflict of interest between Ed Moses and Mt. Valley Mental Health where a
lawsuit had been filed by the Moses’s against the clinic. He also stated that
he has received information that Mr. Dielman is bringing his own agenda to the
committee, and therefore opposes having Mr. Dielman on the committee. Ms.
Moses would like to see more County involvement in the meetings.
Commissioner Kerns made a motion to amend the motion to include Gary Dielman on
the committee. The motion was not seconded. Motion failed.
Commissioner Warner seconded the motion proposed by Commissioner Stiff. Motion
passed.
7. Documents to be Ratified
a. CDBG Extension of HC701 in the amount of $48,000 for the period of January
1, 2009 through January 31, 2009. Commissioner Kerns made a motion to ratify
the grant extension. Commissioner Stiff seconded the motion. Motion carried.
b. Addendum to Real Estate Contract between Baker County and Paul Vaden. The
Commissioners have granted Mr. Vaden an extension of payment set to expire
April 30, 2009 in exchange for approximately 130 acres of Industrial Zoned
land. Commissioner Kerns made a motion to ratify the Addendum to Real Estate
Contract. Commissioner Stiff seconded the motion. Motion carried.
Additions to the Agenda:
Banner Bank Visa Cards Account Authorization: Ms. Christena Cook stated that
the Commissioners would need to approve certain individuals in order for
departments to review their accounts. Ms. Cook, Ms. Alice Durflinger,
Treasurer, and Ms. Valerie Golar, Accounts Payable Technician, would have
access to view all accounts. Commissioner Stiff made a motion to authorize
certain individuals to review accounts for the Banner Bank Visa Cards.
Commissioner Kerns seconded the motion. Motion carried.
8. Other Business
a. Comparison of Calendar:
11/28/08 and 11/29/08 County offices will be closed for Thanksgiving
12/1/08 Transmission Line meeting in Durkee
12/2/08 Road portion of the zoning ordinance hearing at the Extension Building
12/3/08 Commission Session
b. Bargain & Sale Deed: The bargain and sale deed that deeds approximately 130
acres of Industrial Zoned land to Baker County from Paul Vaden was signed
November 10, 2008.
9. Adjourn
The November 5, 2008 Commission Session was adjourned at 12:45 p.m.
Respectfully Submitted,
Heidi Martin, Executive Assistant
Baker County Board of Commissioners