Board of Commissioners Meeting, May 17, 2000
COUNTY COMMISSIONER CHAIR, BRAIN D. COLE
COUNTY COMMISSIONER HOWARD C. BRITTON
COUNTY COMMISSIONER PAUL YORK
BAKER COUNTY BOARD OF COMMISSIONERS
May 17, 2000
The Baker County board of Commissioners met for the May 17, 2000 Commission Session. Present were Commission Chair Brian D. Cole, Commissioner Howard Britton, and Commissioner Paul York.
Approval of Minutes: Minutes for the May 3, 2000 session were available. Commissioner Paul York moved to approve the May 3, 2000 minutes. Commissioner Britton seconded the motion. Motion carried unanimously.
Additions to Agenda:
- Benefit Buy-out
- Weeds on county Property
- Johns Street in Haines
- Certificate for Ginger Whitney
- Trip to Hells Canyon with Idaho Power
Additions:
Benefit Buy-out: Patrick Smith stated that one item brought up during the Budget sessions was the ability of employees to participate in a Benefit buy-out. Some employees are covered under a spouse=s benefit plan. The possible savings on just two employees for the next year would be $8000. The buy-out benefit would be at a single rate. Additional salary in the employees pay check would be $200 per month. He asks that rules be applied to the buy-out. The rules would be:
- Employee must be an Elected Official, Management Service or Un-represented (not prepared to negotiate with union for represented employees at this time)
- Proof of coverage outside the County Health Plan must be provided
- Less than full-time; buy-out would be prorated
- Amount would be for $200 for full-time employees
- Effective date of buy-out will be July 1, 2000
Mr. Smith stated all he needs from the Commissioners is their approval. This is a standard situation in all government agencies. He stated Debbie Hoopes will make a list of all eligible County employees. There are currently 34 employees eligible for buy-out. The total savings will be made available at the June 7, 2000 session. The Commissioners gave their approval to Mr. Smith.
Goodell Park: Commissioner Britton stated he was approached by Ralph Smead to allow the Halfway Snowmobile Club to hook into the power source at Goodell Park. He talked to the Parks board and they don=t have an objection. Idaho Power may need an easement across that piece of County property. Commissioner Britton stated Mr. Smead will check with Idaho Power.
Discussion Topic:
Banking Business: Alice Durflinger stated that she has talked to Western Bank and Pioneer Bank regarding an ACH Automatic Deposit for payroll. She stated that Pioneer looks the best, and it would require changing all the money market and payroll accounts to Pioneer.
Patrick Smith stated that currently seventy employees are signed up for what they believe is an Electronic direct Deposit. At this time, the County Direct Deposit is manual. Electronic deposit would be beneficial to administrative Services. He believes more employees would sign up for an Electronic Direct Deposit. Automation could also be used for recurring payments to such services as the Medical Examiner.
The Commissioners agreed that it would be a better way to run county Government.
Documents to be signed:
Intergovernmental Agreement between Baker and Morrow Counties: Tabled at this time. Agreement was not available.
Order 2000-146: Appointing a member to the Powder Basin Watershed Council. Commissioner York moved to approve Order 2000-146, appointing Rick Lusk to the Powder Basin Watershed Council. Commissioner Britton seconded the motion. Motion carried unanimously.
Order 2000-147, 148, and 149: Orders were tabled until next session. Public notice must be given for vacancies with regard to all committees and boards. Public notice will be given and appointments will be made at the June 7, 2000 session.
Additions:
Weeds on County Property: Commissioner Britton stated he received a call regarding fair Ground property, north of the rodeo grounds. White top is growing pretty good. Need to talk to Gary Smith about cutting the weeds on county property. Patrick Smith will talk to the City about using their mower.
Mayor=s Council Meeting: Commissioner Cole stated the Mayor=s Council meeting will be May 18 and 19, 2000. The meeting will be at Oxbow and hosted by Idaho Power. He believes the attendance will be terrific and they will learn a great deal.
Position description for Administrative Officer: Patrick Smith stated that requested changes had been made to the position description. Commissioner York moved to approve the Administrative Officer position description. Commissioner Britton seconded the motion. Motion carried unanimously.
Certificate for Ginger Whitney: The commissioners presented a Certificate of appreciation to Ginger Whitney. Commissioner Cole thanked Mrs. Whitney for the job she has done as the Office Specialist for the Board of commissioners. Mrs. Whitney=s last day with the County will be May 19, 2000.
Baker County Telecommunications Task Force Presentation: Mary Anne Szymoniak, Chairman for the Telecommunications Task Force, stated the issue for Baker County is a rural versus urban issue. Not cost effective for companies to bring fiber optic services to rural areas. The force=s task was to identify the current service providers in Baker County and the existing fiber infrastructure available. The Task Force was asked to recognize the needs of Baker County also. A plan was drafted by the Task Force.
The local telephone and internet providers are:
- US West
- Pine Telephone System, Inc
- Union-Wallowa Telephone Company
- Eagle Telephone system, Inc
- Oregon Telephone Company
- Cascade Utilities
- Century telephone
- Davis Comp8uters
- Eastern Oregon Net, Inc
- Oregon Trail Internet
Mary Anne Szymoniak stated there are four companies that currently have or are in the process of installing fiber in the County. These companies are:
- Level 3 communications (most recent)
- Pine Telephone System, Inc (fiber from Halfway to John Day, but unable to get out of County)
- Worldcom
- AT&T
A point of presence is not available in the County at this time.
Eastern Oregon Economic Development performed a Critical User and Community Survey. Some of the results were:
- Internet is critical
- Dependent on e-mail
- Cannot expand business=s
Mrs. Szymoniak stated that current business=s are unable to expand, and future business=s will not come to Baker County with the connectivity the way it is now. She stated there are five companies that could provide in total 350 to 550 jobs, would consider coming to Baker county if high-speed connectivity and network redundancy were available. The telephone companies and internet service providers currently in the County are interested in improving their business.
Mrs. Szymoniak stated the county needs to support and ensure that US West provides a point of presence of Baker city. The following step would be to encourage other providers to offer services to Baker County.
Tussock Moth Presentation: Nick Greear of the Wallowa-Whitman National forest is the Overseer of the Management Team for Tussock Moth spraying. He stated funding has been received and they will receive an addition $3.2 million dollars this year to deal with the Tussock Moth outbreak that is occurring currently.
The Tussock Moth defoliates the Douglas Fir. The Tussock Moth has a nine-year cycle. Their natural predator is a virus. The best way to deal with the Tussock Moth outbreak is to spray the TM virus. The TM virus is selective, it only kills the Tussock Moth. BT (bacteria) could also be used. BT is non-selective, it kills all butterfly=s. Mr. Greear stated the Forest Service grows their own TM virus (takes 8 to 10 years). The only supply of TM virus, nation-wide, is located in Corvallis. There is only enough TM virus to spray 250,000 acres in the region.
The Forest Service has hired 54 seasonal employees to assist in the project. These employees will take samples and research. The group is working out of the Lions Club in Halfway.
Mr. Greear stated the supporters of the action include the Governor, Department of Forestry, and the Washington Department of Natural Resources. He stated the National Marine Fisheries Service is opposed to the action, due to the limited amount of area that will be covered.
Fiscal year Contracts:
Public Defender: Sarah Johnston advised the Commissioners that renewal of the Public Defender Contract is coming up. She stated the position is a three-year term. Ms. Johnston asked if the Commissioners would like to open the position for bids. It is not a requirement if the Commissioners feel the Public Defender has performed the job appropriately. Commissioner Britton moved to renew the contract of the Public Defender. Commissioner York seconded the motion. Motion carried unanimously.
Auditor: Commissioner Cole state the County is interested in renewing the contract with Dave Lindley. Commissioner York moved to renew the contract with Guyer, Lindley, Bailey and Martin for the three year period, based on the figures provided. Commissioner Britton seconded the motion. Motion carried unanimously.
911 Record Keeping and Dispatch: Sarah Johnston stated the contract can be used each year. Only a 30-day notice of renewal is required. She stated the Sheriff=s Department would like to keep it in place. Need to give the Sheriff=s Department authority to look at it and re-evaluate duties being performed. Patrick Smith stated it needs to be re-negotiated and the payments from the city, changed. (Currently the City pays twice a year). Patrick Smith will work with Mark Bennett, Emergency Management, on the figures and funding sources. Sarah Johnston will bring final contract before the Commissioners when it is ready.
Mountain Valley Mental Health: Sarah Johnston stated the contract automatically renews each year. There is a provision of 60-days notice to terminate. Commissioner Cole stated Mountain Valley Mental Health has been budgeted for $3,500. The contract figure will be $3,500 versus the previously budgeted $30,000. Patrick Smith stated that a letter needs to be sent indicating the change in amount.
Small dollar amount contracts: Sarah Johnston asked if she should approach the individual departments involved regarding the contracts. The commissioners agreed Ms. Johnston can make arrangements with the departments. Commissioner York asked Ms. Johnston to look into possible other alternatives on the contracts. Possibly having the Health Department supply prisoner medical, etc.
Additions:
Haines Rural fire Protection District: Sarah Johnston stated a petition has been submitted to form a Haines rural fire Protection District. The next action is 30 to 50 days after the filing date. Ms. Johnston stated the Board of Commissioners would hold a hearing to approve the petition. The petition will need to go to an election, due to putting in a tax base. The Commissioners decided to hold a Public Hearing on June 21, 2000 at 1:00 p.m. The hearing will be held during the regular session at the Courthouse.
Documents to be signed:
Resolution 2000-1029: appropriations transfer within the Non-Departmental Department of the Weed Control Fund. Patrick Smith stated the resolution is needed to pay salaries. Commissioner Britton moved to approve Resolution 2000-1029. Commissioner York seconded the motion. Motion carried unanimously.
Executive Session: commissioner Cole moved to go into Executive Session, Pursuant to ORS 192.660 (1)(e) on real Property. Commissioner York seconded the motion. Motion carried unanimously.
Commissioner York moved to leave Executive Session. Commissioner Cole seconded the motion. Motion carried unanimously.
Public Hearing - Washington Gulch Road Abatement: Commissioner Brian Cole stated the hearing is to determine the cost and responsible parties associated with road hazards on Washington Gulch Road which were abated by the County on April 3, 2000. Commissioner Cole also stated there shall be no demonstrations or disruptive actions allowed during the hearing. Commissioner Cole announced the hearing open. Commissioner Cole asked for a Staff Report form the road department and the County=s evidence.
Rick Holden represented the Baker County Road Department. Mr. Holden stated on the 3rd of April, the Roadmaster ken Helgerson and three Road Department employees went to Washington Gulch with a motor grader and a pick-up to move a road hazard. There were tow posts on the side of the road with a cable strung between them. Mr. Holden stated that two pick-ups were used for a total of one hour each. The grader was used for a total of one hour. The total cost for the abatement is $320.87.
Sarah Johnston submitted a copy of a sign that was posted at the site. The sign indicated the gate would be locked as of April 1, 2000 and signed by Jerry Buck. Ms. Johnston also submitted copies of documents that had been sent to the commissioners, that indicated the gates would be locked.
Commissioner Cole stated that Washington Gulch Road is a local access road under the jurisdiction of the County, opened in 1888. Commission recognized the status of the road in Resolution 99-1050. Commissioner Cole asked for testimony form the opponents to present evidence.
Peter Sortore: Mr. Sortore stated that in 1989-90 the County had no vested interest above the cattle guard. He objects to anything that adversely affects the property. Mr. Sortore stated it is not a County Road.
Nora Buck, 41185 Washington Gulch Road: Mrs. Buck stated the gate had posts, flags, and was not a hazard. She stated in 1988-89, the County had vested interest as far as the cattle guard and nothing further. Mrs. Buck stated whenever anybody had died on the hill, the same fight starts again.
Sarah Johnston presented copies of the Session minutes from 88-89, the owner at the time was Art Teft. Mr. Teft didn=t contest the Washington gulch road at that time.
Mr. Sortore stated the County just wants to steal whatever they want. The County does not have jurisdiction up to the 7140 Road. Mr. Sortore stated that testimony given by Mr. Teft has been stricken from the 88-89 minutes. Mr. Sortore stated that Mr. Buck has asked for legal deeded access to the property, there is nothing more to say until the County answers Mr. Buck=s letter dated May 3, 2000.
Commissioner Cole asked each party if they had any further testimony. Both parties stated they did not. Commissioner Cole stated the next part of the hearing would be to consider the question in testimony and enter an order establishing the responsible party, cost to be paid and the due date of the payment (not less than 60 days).
Sarah Johnston stated that by statute the owner of the property is responsible unless the owner can prove there was no way for the owner to control or stop the violation.
Commissioner Cole stated the owner of the property is Jerry Buck and the cost for the abatement is $320.87.
Commissioner York stated that public hearings were held and Washington gulch Road was established as a County Road. He stated it is up to the County to keep the road open. Commissioner York moved to approve Order 2000-150, billing the property owner for $320.87, the County>s cost for road abatement. Commissioner Britton seconded the motion.
Commissioner Britton pointed out that the Roadmaster is employed by the County to determine and to keep the County roads safe for public use. The Roadmaster determined that there was a hazard at that time, and danger to public use. Commissioner Britton stated all the proper procedures were followed.
The Commissioners decided that payment will need to be made by July 15, 2000.
Motion carried unanimously.
Public Hearing - Hells Canyon Dam Re-licensing Process: commissioner Cole stated the Hells Canyon dam re-licensing process is of great concern to the County. Commissioner Cole opened the hearing.
Mike Nelson: Mr. Nelson stated he is a board member and president of the AFriends of Brownlee@. He believes this is a serious moment for the County to address the levels on the Brownlee. If current management continues, it will cause long term problems. Mr. Nelson asked the County to allocate personnel to make sure Baker County=s voice is heard in the re-licensing process.
Commissioner Cole stated there are three major issues:
- Flow
- Facilities to access the reservoir
- Dealing with economics and funds to operate facilities
Nancy Gover, City of Richland: Ms. Gover is pleased with the draft document for the re-licensing. She asked if a poll has been done involving the people of Richland. Ms. Gover stated the numbers in appendix B of the draft, will help a great deal.
Commissioner Cole stated he doesn=t believe a poll has been conducted. He stated the Adraft@ document is strictly that at this time. The Commissioners will consider any changes that need to be made.
Patti Huff: Ms. Huff stated she is amazed with how much Idaho Power wants to work with the County.
Bruce Kirkpatrick: Mr. Kirkpatrick stated he was born and raised in Baker County. Mr. Kirkpatrick owned a marina on the Brownlee from 1959 to 1975. He stated that the reservoir should be left at the full level from June until January. Mr. Kirkpatrick said that a drop of 20 feet destroys most of the dock facilities.
Beverly Stultz: Mrs. Stultz wanted to thank the County for the interest they are taking. She stated that the City of Richland has approved a resolution to support the County. Mrs. Stultz stated she would not like to see Idaho Power take over Hewitt and Holcomb parks. The new managers are doing a fantastic job.
Steve Herndon, Idaho Power: Mr. Herndon stated he is at the hearing to beg for the County=s help. The people of the county need to be active in the re-licensing process. The County needs to be heard. Mr. Herndon stated the whole process needs to be taken seriously. He stated Idaho Power will do anything they can to help the people of Baker County become involved in the process. Mr. Herndon knows that there are promises that weren=t kept and we need to work through them. He stated that Idaho Power and Baker county need to be on the same side.
Mardelle Ebell: Ms. Ebell wanted to know what is the focus of the hearing. She stated Baker City did a horrible thing by not paying for Idaho Power. Ms. Ebell also stated the federal government mandates the draw-downs on water. It is her belief that the dams were built for electricity and the farmers need of water. Idaho Power added the recreational facilities.
Mike Nelson said that the license specifically states, they (Idaho Power) shall provide recreational opportunity. The license is being violated at this time. Some of the agencies involved in the process didn=t exist fifty years ago.
Conrad Golich: Mr. Golich stated he moved to Hells Canyon in 1943 before the dams were built. He suggested putting in a fish tube to move the smolt to the ocean. He stated that dumping the water is not the answer.
Vicki Kellerman: Ms. Kellerman stated that the BLM does have a plan out. It can be accessed on their website. The BLM is trying to find out what people think and what are their desires. Ms. Kellerman stated June 5, 2000 is the final comment date.
Craig Jones, Idaho Power: Mr. Jones stated Idaho Power has spent the last 10 years studying Hells Canyon. They have been covering anything that goes on in the area. He stated that the County involvement is needed.
The County needs to be at the meetings protecting their interests. If the County does not get involved, the final decisions may create conflicts. He stated that the titles of the groups involved may sound daunting, but remember they are public officials and they don=t function in a vacuum.
Commissioner Cole closed the public hearing.
Documents to be signed:
Resolution 2000-1028: In the matter of Brownlee Reservoir water levels and re-licensing of the Hells Canyon complex. Commissioner Cole read the resolution. Commissioner Britton asked about the stated water level.
Larry Taylor stated that the water needs to be at a level that will allow some of the other recreational sites to stay in business.
Bruce Kirkpatrick indicated that the level should be 2077 feet to keep the docks in commission.
The Commissioners agreed that the last sentence of the last paragraph be removed. Commissioner Britton moved to approve the resolution with the change. Commissioner York seconded the motion. Motion carried unanimously.
Road Department Equipment Lease: An agreement between Baker County and Union County for the lease of the Norstar. Kathy Hogge of the Road Department stated that paragraph O. was added to the agreement. She stated the agreement shall renew each year. Commissioner York moved to approve the equipment lease agreement between Baker County and Union County. Commissioner Cole seconded the motion. Motion Carried unanimously.
Public Hearing - Approval of Comprehensive Plan: Commissioner Cole stated the public hearing will continue from the last session of May 3, 2000. Bill Searles asked that the Commissioners approve the Comprehensive Plan and he will come to the next session with an Ordinance to be signed. Commissioner Britton stated that he would like to talk to Mr. Searles about the Goal 8 Plan. Mr. Searles would prefer that the Commissioner s are comfortable with the document prior to approval. Commissioner Cole moved to continue the public hearing at the June 7, 2000 meeting at 10:00 a.m. Commissioner Britton seconded the motion. Motion carried unanimously.
Adjourned
Respectfully submitted,
Judy Dunn
Executive Assistant to the Board of Commissioners