Minutes: Board of Commission Meeting, 10/22/2002 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 October 16, 2002 Commission Session. Present were Commission Chair Brian D. Cole, Commissioner Howard C. Britton, Commissioner Tim L. Kerns, and Interim Administrative Officer Mark Bennett.
Citizen's Participation: Ms. Nancy Gover, member of the Northeast Oregon Area Commission on Transportation (NEACT) was present. Ms. Gover stated that the NEACT bylaws were asking that each county appoint ex officio members. Ms. Gover requested that a work session be held to create a list of these members. Ms. Gover stated that they would be looking for people from all of the geographic areas and for those that had an interest in the roads. Consensus was reached to hold a work session prior to the special session on October 22, 2002.
Review/Approval of Minutes:Commissioner Britton moved to approve the September 30, 2002 Special Session minutes. Commissioner Cole seconded the motion. Commissioner Kerns abstained as he was not present at the September 30, 2002 Special Session. Motion passed. Commissioner Cole moved to rescind the motion. Commissioner Britton seconded the motion. Commissioner Kerns abstained. Motion passed. Commissioner Cole stated that he had one change on page two, under Additions to the Agenda, the last two words on first paragraph should have read National Guard Bureau. Commissioner Britton added that he had asked that clarification be added to Mr. Ellingson’s statement on the last page to include his comment that the Extension Buildings would not need to be torn down should the training center not be built or the parking lot needed. Commissioner Britton moved to approve the September 30, 2002 Special Session minutes and the October 2, 2002 Commission Session minutes as amended. Commissioner Kerns seconded the motion. Motion carried unanimously. Commissioner Kerns requested that copies of the draft minutes be made available for the public as well in future sessions.
Additions to the Agenda
*Motion to Intervene
*Foreclosure of House
*Request from Burnt River Water District
*Letter from County Empowerment
*Designating Hearing's Officer for Sam Haynes Planning Application
*Road Department Project Updates
Documents to be Signed Order No. 2002-192 & 193: Appointing Youth Members to the Commission on Children and Families. A staff report had been prepared by Ms. Judy Barzee, Assistant Director for CCF, stating that Rebecca Duby and Tyler Defrees had applied to serve as youth members on the Commission on Children and Families. Commissioner Britton moved to appoint Ms. Rebecca Duby and Mr. Tyler Defrees. Commissioner Cole seconded the motion. Motion carried unanimously.
Order No. 2002-196: Appointments to Cultural Trust Committee. Commissioner Cole stated that the Oregon Cultural Trust was going to provide funding to each county. A local committee needed to be formed in order to prioritize where the funding would be spent. The following applicants had expressed interest: Jeff Sizer, Aletha Bonebrake, Robert Evans, Allison Mickens Valerio, Chary Mires, Lynne Burroughs, and Sarah LeCompte. Commissioner Cole questioned if there was a limit to the number that could be appointed. Executive Assistant Robin Nudd stated that there was not. Commissioner Britton commented that the list of applicants was good, however it appeared to be missing geographic diversity. Ms. Nancy Gover stated that she would visit with some people at the Cornucopia Arts Council and recommend that they apply also. Commissioner Cole stated that should there be additional applicants, that the door would remain open. Commissioner Britton moved to approve Order No. 2002-196 appointing the following members to the local Oregon Cultural Trust Committee: Jeff Sizer, Aletha Bonebrake, Robert Evans, Allison Mickens Valerio, Chary Mires, Lynne Burroughs, and Sarah LeCompte. Commissioner Kerns seconded the motion. Motion carried unanimously.
Scheduled Business Update from the District Attorney: District Attorney Matt Shirtcliff was present before the Board of Commissioners. Mr. Shirtcliff began by thanking the Commissioners for being supportive of increasing the staff level in his office. Mr. Shirtcliff stated that he had been able to hire a second deputy and contract with an investigator. Mr. Shirtcliff stated that personnel wise, they were where they needed to be. Mr. Shirtcliff discussed how the Deputy D.A.’s were specializing caseloads. Mr. Whitnah was handling domestic violence cases, and Mr. Zurcher was handling juvenile cases, some personal crimes cases, and working closely with the drug task force. Mr. Shirtcliff stated the system was working well, allowing him to focus on the larger cases. Mr. Shirtcliff stated that one of his concerns were the salaries of the Deputy D.A.’s. Mr. Shirtcliff stated that he would like to increase them and make them more competitive. He does not want to lose the people that he has. Mr. Shirtcliff stated that he was aware this might not happen soon with the state budget cuts, but did not see it as a huge capital outlay.
Mr. Shirtcliff stated that their office would begin charging discovery fees. This would increase revenues by $8-12,000. Mr. Shirtcliff stated that his department was being very cautious in terms of their expenses.
Mr. Shirtcliff commented that one of his goals had been met in the partnership with the hospital in creating the child abuse center. Other goals included mentoring programs, installing a case management system to track cases.
Commissioner Britton commented that he had enjoyed working with Mr. Shirtcliff and appreciated his hard work with others and his work with the budget. Commissioner Cole questioned if the lack of news stories on meth labs meant that the problem was being solved. Mr. Shirtcliff stated that law enforcement had created a reputation that if you do it here, you're going to get caught. Mr. Shirtcliff recommended not getting rid of the task force because we would be back to where we were. We have not solved the problem so he does not want to see the task force shut down. Commissioner Cole questioned if Mr. Shirtcliff had adequate office space. Mr. Shirtcliff responded that they had received additional space down the hall, but still had concerns about storage. Commissioner Cole stated his appreciation for Mr. Shirtcliff’s work and Commissioner Kerns commented that he enjoyed his positive attitude and his work with others as well.
Documents to be Signed: Order No. 2002-195: Appointing a member to the Transportation/Traffic Safety Committee. The Transportation/Traffic Committee had sent request to appoint Sheriff Troy Hale to serve as a member. Commissioner Britton moved to approve Order No. 2002-195 appointing Sheriff Troy Hale. Commissioner Kerns seconded the motion. Motion carried unanimously.
Addendum #4 to Lease Agreement with Warnock/Defrees: County Counsel Sarah Hilderbrand stated that the addendum was to continue an ongoing agreement that had been in place since 1998. The agreement was for the lease of ground in the Sumpter Valley for grazing purposes. Commissioner Kerns moved to approve Addendum #4 of the lease agreement with the Warnock's and the Defrees’. Commissioner Britton seconded the motion. Discussion: Commissioner Britton stated that any concerns that had been made by the Parks Board had been resolved. Motion carried unanimously.
Scheduled Business Road Department Equipment Operator Promotions: Roadmaster Ken Helgerson was present before the Board of Commissioners. Roadmaster Helgerson stated that there were three employees at the Road Department doing the work of an Operator 3 position. The employees were currently at the Operator 2 level, and he would like to see them moved up to an Operator 3 with salaries retroactive to October 1, 2002. Roadmaster Helgerson stated that with the reduction in workforce, more of the employees have had to run all different types of machinery and jobs. Roadmaster Helgerson stated that he felt good about the promotions and that they were warranted. Personnel Director Debbie Hoopes concurred with the movement. Interim Administrative Officer Mark Bennett clarified that the promotions were an administrative decision that could be made by the Roadmaster alone, however, they wanted to obtain the Commission’s blessings. Commissioner Britton questioned the step increase and why they would be going directly to a step 5. Ms. Hoopes stated that it was due to the contract language. Commissioner Kerns moved to ratify Roadmaster Helgerson’s decision to advance the three employees from Operator 2 to 3, Range 5. Commissioner Britton seconded the motion. Motion carried unanimously.
Order No. 2002-194: Expending Funds on Local Access Road: Roadmaster Ken Helgerson stated that a public meeting had been held to discuss concerns at the Forshey snow park in Richland. After the public meeting the Board of Commissioners had agreed to construct a snow park at the edge of the Forshey Meadow to increase parking. Roadmaster Helgerson stated that the Road Department had worked with the Forest Service to come up with the design. Roadmaster Helgerson stated that he was before the Board of Commissioner to formally sign and order allowing the Road Department to expend the needed funds for the project. Roadmaster Helgerson stated that due to Mother Nature, they had already began the project and had since completed it. The next step would be to place signs informing the public of where to park. Roadmaster Helgerson estimated the cost of the project to be $11,000. The only out of cost would be the signs and the pipe. Roadmaster Helgerson felt that the project turned out good and would be a huge benefit this winter. Commissioner Britton questioned if they had resolved the route the rest of the way up to Five Corners. Roadmaster Helgerson recommended limiting the use of both vehicles and snowmobiles on the road at the same time. Roadmaster Helgerson stated that there was an alternate route and it should be used. Roadmaster Helgerson added that the one-year commitment to plow the road would be expiring. Commissioner Kerns moved to approve Order No. 2002-194. Commissioner Britton seconded the motion. Discussion: Commissioner Cole questioned where the funds would be drawn from. Roadmaster Helgerson stated that they would out of the Road Department Fund. Motion carried unanimously.
Additions to the Agenda Road Department Updates: Roadmaster Helgerson stated that the Anthony Lakes Highway project was still struggling along, however the contractors were getting quite a bit done. They would be looking at laying more chip seal down. The contractors would be placing a centerline, and delineating it as well. Roadmaster Helgerson stated that the road would be suitable for driving.
Roadmaster Helgerson stated that resurfacing had been done on the McCarty Bridge Road. Roadmaster Helgerson stated that the residents were very pleased.
Burnt River Monument Rock Letter: Interim Administrative Officer Mark Bennett stated that the Forest Service prepared a paper on the Monument Rock fire. County Empowerment had reviewed it. Mr. Bennett stated that the Department of Fish and Wildlife and the Burnt River Irrigation District had voiced concerns that regarding reseeding the area. Mr. Bennett stated that there was an erosion factor as it had already began in some areas. County Empowerment has recommended that the Forest Service re-seed, allow salvage logging, and to continue to involve the County Empowerment Committee in the planning process. Mr. Bennett stated that the letter would have to be submitted that day. Mr. Bennett added that the Ellingson’s that had land in the heart of Monument Rock had already begun reseeding and salvage logging. The letter asked that the County remain active in the scoping and planning phase, that seeding be done, and that salvage logging be allowed. Commissioner Cole read the letter. Commissioner Britton moved to sign and send the letter to Karyn Wood. Commissioner Kerns seconded the motion. Motion carried unanimously.
Motion to Intervene on Idaho Power Dam Relicensing Application: County Counsel Sarah Hilderbrand stated that the Hells Canyon Dam Relicensing Advisory Committee had inquired about the difference between filing a reopener and a motion to intervene. Ms. Hilderbrand recommended that that committee contact someone who specialized in this area. Ms. Hilderbrand stated that a motion to intervene could be done after Idaho Power submitted its final application. A motion to intervene would let FERC know that the County was interested and wanted to be party to the proceedings. Ms. Hilderbrand stated that in terms of power that the County would not have as much as Idaho Power, but they would have to address the County’s comments. Ms. Hilderbrand stated that cost wise, filing a motion to intervene would not be too expensive or time consuming (initially). Ms. Hilderbrand stated that a contributing factor to the cost would be how long the entire process would take. Ms. Hilderbrand stated that she had been reviewing other processes from around the nation. Typically the counties would negotiate a prefiler. Commissioner Britton stated that with either method used, that Idaho Power would have to address them at the table. Commissioner Britton agreed that it could be costly, but if the County was to have a voice, they would need to be prepared to file it. Commissioner Britton stated that the committee had contacted attorney Ron Williams and that he would have charged $30-50,000 to go through just the comment period. Commissioner Kerns questioned what the timeframe was. Ms. Hilderbrand responded that comments were due back by December 20, 2002 on the draft application. Commissioner Britton added that the Baker/Morrow Regional Partnership had granted Baker County $35,000 to hire a public relations person. The Hells Canyon Dam Relicensing Committee approached Baker County Unlimited to consider hiring Steve Brocato to assist with the comment period. Baker County Unlimited voted to do so. Mr. Brocato would spearhead the task force and would put together the comments. Commissioner Britton stated that Mr. Brocato would be developing a budget for his work as well for an attorney. Commissioner Cole commented that the County would need to talk with Baker/Morrow to send the funds directly to BCU. Commissioner Kerns clarified that the intervener would not be filed until June when IPC filed their final application. Commissioner Britton added that part of Mr. Brocato’s mission was to work with other agencies such as DEQ, Water Resources, the Forest Service, and the BLM. Mr. Brocato would most likely be working under the direction of the economic developer, Bob Shepard. Commissioner Britton stated that Mr. Brocato had been excused from the normal hiring practices because of the time constraints. Commissioner Britton moved to direct the Baker/Morrow Regional Partnership to send the funds directly to Baker County Unlimited. Commissioner Kerns seconded the motion. Motion carried unanimously.
Commissioner Britton stated that additional information would need to be gathered regarding the cost to file a motion to intervene.
Hearing's Officer for the Sam Haynes Planning Application: County Counsel Sarah Hilderbrand stated that Mr. Haynes was wanting to make application for a Minor partition for a farm dwelling and has asked that the Planning Director, Mark Bennett, be appointed as the hearing’s officer for that application. Ms. Hilderbrand stated that there was nothing in the ordinance required for the Planning Commission to hear this application. This will relieve the Planning Commission and Staff from more administrative work. Commissioner Britton moved to appoint the Planning Director as the Hearing’s Office for the Sam Haynes Application. Commissioner Kerns seconded. Motion carried unanimously.
Powder River Correctional Facility: Commissioner Cole stated that the State of Oregon had now listed the Powder River Correction Facility on those to be closed. Commissioner Cole stated that he would like to send a letter expressing disappointment in placing the facility back on the list. Commissioner Kerns questioned which facilities were slated for closure. Interim Administrative Officer Mark Bennett stated that the facility in North Bend had been, but that the Powder River Correctional Facility had taken its place. Commissioner Kerns requested that the letter focus on the positive attributes of the Powder River Correctional Facility. Consensus was reached that the draft letter would be circulated and signed.
Discussion Topic: Comparison of Calendars:
Oct. 16: NGASTF meeting
Oct. 21: School Based Adv. Meeting
Oct. 22: Work Session 9am; Special Session at 10:00am
Oct. 29: BIDC retreat
Oct. 30: City/County Meeting
Nov. 4th: Baker/Morrow Regional Partnership Meeting
Nov. 6th: Commission Session and Dept. Head Meeting
EOVA Invoice: Invoice had been received for $1,500 for membership dues and special assessment. Commissioner Cole questioned if the Board was interested in renewing the membership. Commissioner Kerns recommended getting Baker County Unlimited’s view before deciding.
November 20th Commission Session and November 21st Mayor’s Council: Tabled until the November 6, 2002 Commission Session.
Commission Session was adjourned at 11:14 a.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Commissioner's Office