COMMISSION CHAIR WILLIAM HARVEY
COMMISSIONER MARK E. BENNETT
COMMISSIONER BRUCE A. NICHOLS
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the August 17, 2022 Commission Session. Present were Commissioner Bill Harvey, Commissioner Mark E. Bennett, and Commissioner Bruce A. Nichols.
1. Call to Order/Invocation/Pledge of Allegiance
Commissioner Harvey called the meeting to order and led the invocation and the pledge of allegiance.
2. Agenda Changes/Additions to the Agenda
a. August 3, 2022 Commission Session Minutes
Commissioner Bennett moved to adopt the agenda with the changes listed. Commissioner Nichols seconded the motion. Motion carried.
3. Citizen’s Participation
a. None
4. Review/Approval of Minutes
a. August 3, 2022 Commission Session Minutes
Commissioner Nichols moved to approve the August 3, 2022 Commission Session Minutes with changes. Commissioner Bennett seconded the motion. Motion carried.
5. Scheduled Business
a. Public Hearing (Continuance from April 19, 2022 and May 4, 2022 Commission Sessions)
Resolution NO. 2021-1002: A Resolution Declaring the Necessity for the Legalization of Pine Creek Lane.
Kim Mosier, County Counsel, reviewed the events of the hearing process to date stating that at the legalization proceeding in April, the Board of Commissioners received the Road Masters Report which included a survey of Pine Creek Lane. She noted that The Pine Creek Lane survey was conducted by Anderson Perry. At that public hearing, the Board of Commissioners received written information from Mr. McCarty through his attorneys, additional comments, and information submitted by the public. She noted that everything that was received, is here today if needed. She reported that no other information had been received until 4:58 p.m. yesterday evening. She explained that they received a letter from Mr. McCarty’s attorney objecting to today’s hearing. She noted that that letter will be made part of the record today.
She explained that after the hearing in April the Commissioners were hoping to make a decision on May 4, 2022. On May 4, 2022 the Commissioners decided to take more time to consider the information that was received and no decision was made on May 4, 2022. She noted that three months have passed since then and they have reviewed the materials received.
Ms. Mosier reported that surveyors from Anderson Perry are present today. She explained that Rick Stein is a licensed professional surveyor and a professional engineer. She also noted that Mr. Stein is the Survey Manager of Anderson Perry. Mr. Stein created the survey maps that are submitted. Ryan Hays is the Survey Party Chief and was physically on the road and can answer questions about his work and what he observed.
Commissioner Bennett questioned why the Anderson Perry survey maps are different from the historical survey notes. Mr. Richard Stein of 1901 N Fir Street in La Grande responded that they started by computing the 1891 survey notes and overlaid that with an aerial Google Earth image. He noted that when they went to the site, they noticed that the road does not travel that way. He explained that they were instructed to follow the road as drivable, which is why it is different. He noted that the location that was surveyed is the road being used now.
Commissioner Bennett asked Mr. Hays to explain his role while he was on the road and what he was doing. Mr. Ryan Hays of 1901 N Fir Street in La Grande responded that the first day there were on site, they were trying to establish the south west line of the area as the original survey states that the road ends at “Accident Load Mine”. He explained they used the google earth images to locate the road that comes out of the canyon, up the hill. As they found that road, they drove that road in the side-by-side all the way up until they reached a wash out which was about ½ to ¾ of a mile from the actual mine site. He noted they walked from there. The next day, they set reference points along the route and surveyed the centerline of the existing road. He noted that as far as he could see this was the only travelable road going up there.
Commissioner Bennett questioned if Mr. Hays had seen the map that shows the historical road using the 1891 road viewer’s notes. He also asked if he could see where the historical road could have been while he was on the current road. Mr. Hays noted that he had seen the map and there was no other road that would be travelable at this time that he could see.
Commissioner Bennett questioned if Mr. Hays traveled the entire road from gate to gate. Mr. Hays confirmed, noting that was correct. Commissioner Bennett questioned at any time did he see evidence of another right of way or access through there. Mr. Hays noted that at the bottom of the canyon there is another road that he believes goes to another person’s property. He explained that this road is not far from the bottom gate. He noted that this would have been the only other place that a person could have turned off the road.
Commissioner Harvey asked for clarification. He noted that they are talking about the road that goes to the north to the Baisley-Elkhorn Mine area. Mr. Hays confirmed, noting that is correct. Commissioner Harvey explained that there are other roads at issues, but this is the only road they are addressing today. The Commissioners thanked Mr. Hays and Mr. Stein for coming today.
County Counsel Moser explained to the Commissioners that they could take additional information if they choose. She suggested limiting additional testimony to a certain amount of time. She also noted that under statute, the Board of Commissioners needs to determine if it is in the public interest to abandon the legalization proceeding or to complete the legalization. She noted that she has two orders prepared, one if they choose to abandon or one if they choose to complete the proceeding. She explained that they can talk more about what is in that order should they decide to make that decision.
Commissioner Harvey opened the discussion to the public for new information. He reported that they will need to keep their testimony under three minutes and requested they provide only new information and not to go over testimony they have already given.
Ms. Lynn Zwanziger of 14190 Pine Creek Lane reported that she has been a resident for 47 years and has traveled all over that area. She explained that where the road is now may not have always been there. She explained that she has seen other roads, possible logging roads, and the road could have swaggered around a little differently.
Joelleen Linstrom of 14178 Ben Dire Lane reported that she had a question for the County Commissioners. She explained that this area goes to Forest Service land and is monitored by Oregon Department of Forestry. She stated that they have restrictions for the land and for roads that are not improved. She questioned how they are going to address people traveling on the road to land that could be closed due to fire restrictions, should they move forward with the legalization of the road. County Counsel Mosier interjected noting that this is not a time for the Commissioners to answer questions, it is a time to provide testimony. Ms. Lindstrom noted that this is something to think about. She explained that this area is right by the watershed and is a major concern. She explained that she has observed people being careless in that area.
Cindy Birko of 43911 Spring Creek Loop reported that she moved here 5 years ago and noted they are right on the interface of high fire danger. She noted that one of the attractions of moving here was the recreation opportunities which included access to Pine Creek Reservoir. She stated that they’ve enjoyed walking up there, going on a Side-by-side to the reservoir, and skiing in the winter. She reported that over the last two years it’s gone. She stated that the value of their property and the attraction for recreational value is greatly diminished. She reported that they have been very respectful of Mr. McCarty’s wishes and do not even try to go up there anymore. She explained that in regards to fire danger there are 100 people that have been cut off from the area. She explained that if any one of them saw anything out of the normal, they will report it. She explained that those people no longer have access to do that volunteer reporting. She reported that she would rather see it remain open to the public, especially during the high fire danger times. She noted she sees that as an asset for protection, not a liability.
Commissioner Harvey clarified that at this time they are discussing the road to the Baisley- Elkhorn Mine.
Tom Lager of 14353 Pine Creek reported that in regards to fire danger, the more eyes in the area keep it more protected. He explained that there has not been issue in the 47 years they’ve been there. He stated that they respect and love it. He reported that they have taken the backcountry away from everyone who is entitled to it. He stated that they will take care of it.
Commissioner Harvey closed the hearing to public testimony and reported that the Commissioners would now discuss amongst themselves. Commissioner Nichols reported that he is in favor of legalizing the road, but asked to review both orders. County Counsel Mosier provide the two different orders the Commissions, one completing the legalization, and one abandoning the legalization.
Commissioner Nichols moved to approve the order determining that it is in the public interest to complete the legalization procedures and accepting the road as surveyed by Anderson Perry. Commissioner Bennett seconded the motion. Motion carried.
Discussion: Commissioner Bennett explained that this decision was based on extensive public input. He explained that there have been numerous opportunities for Mr. McCarty and others to submit testimony as well as conduct extensive research.
County Counsel Moiser reported that the first part of the order includes whereas statements. The second part is what the Commissioners are ordering. She reported that the order states that it is in the public interest to complete the legalization. The order tells us the legalization is now complete. It also orders that all private gates, structures, and obstructions on Pine Creek Lane as described in the survey (attached as an exhibit) be removed. It also requires a copy of the order be filed in all courts in Baker County which is a statutory provision. She noted that as part of the order there is another statutory provision that the order, once signed, be recorded with the County Clerk. Ms. Mosier reported that the survey, marked as “Exhibit A”, is ordered to be monumented. She noted that once Pine Creek lane is monumented, the survey is ordered to be recorded with the County Surveyor.
Commissioner Harvey noted that the land owner will be given time to remove all obstacles from the roadway. He noted that if that is not completed, they will take necessary steps that are fully legal to do so after that point.
b. Contract Review Board
1. Engagement & Fee Agreement with Kim Mosier for County Counsel services. The agreement will expire August 17, 2025 with an hourly rate of $110 for 10-12 hours and $150 for an additional 8 hours per week not to exceed 47 weeks per year. Commissioner Bennet commended Ms. Mosier for her work.
Commissioner Bennett moved to approve the Engagement and Fee Agreement with Kim Mosier Legal Services, LLC. Commissioner Nichols seconded the motion. Motion carried.
2. Road: Purchase 2006 Oshkosh Snow Plow
Commissioner Bennett reported that Snow plow is $20,500.50 and is a Federal Surplus Property. He noted that the Snow plow also has sanding capabilities. Commissioner Harvey noted that the price when this machine was new was $270,000.
Commissioner Bennett moved to approve the purchase of the 2006 Oshkosh Snow Plow for $20,500.50. Commissioner Nichols seconded the motion. Motion carried.
3. Technology: Purchase Replacement Server for the Sheriff’s Office:
Mr. Bill Lee reported that this is a hardware replacement. He recommending the bid and sole source with Manage Inc. Discussion around the sole source and designation of Manage Inc. continued. Ms. Martin reported she could have an order at the next meeting.
Commissioner Bennett moved to approve the purchase of replacement server from Manage Inc. for the Sheriff’s Department for $8,730.00. Commissioner Nichols seconded the motion. Motion carried.
4. Technology: Purchase Replacement Server for the 4th St. Building
Commissioner Bennett moved to approve the purchase of replacement server from Manage Inc. for the 4th Street Building for $7075.50. Commissioner Nichols seconded the motion. Motion carried.
Discussion: Mr. Bill Lee gave a brief update on Zoom meetings and Zoom rooms. The Commissioners and Mr. Lee discussed the microphones that are being used.
5. Malheur Co. Environmental Services Update ~ Meghan Chancey, Health Director:
Commissioner Bennett reported that the Health Department received a letter from Malheur County stating that they would no longer be able to provide environmental health services to Baker County. This would include inspections for restaurants, pools, hotels, and other eating type of establishments. He explained that Ms. Chancey has done research on the matter and he has met with Malheur County individuals.
Commissioner Bennett noted that the information is being provided today so that the Commissioners have time to reflect and review the information Ms. Chancey prepared which includes estimated rates. Ms. Chancey made note of key points of the information and Commissioner Bennett explained that they may also need to consider if fees are to be raised for uses or if they seek outside funding from the cities or County contributions to cover the additional cost. Commissioner Harvey requested that this information be communicated to the newspaper and Commissioner Bennett noted that was another reason for today’s discussion.
6. ODOT Curb Ramp Permanent Easement Agreement- Baker County Fair:
Commissioner Bennett moved to approve the ODOT Curb Ramp Permanent Easement Agreement with the Baker County Fair for $750.00. Commissioner Nichols seconded the motion. Motion carried.
7. ODOT Curb Ramp Permanent Easement Agreement- Baker Heritage Museum:
Commissioner Bennett moved to approve the ODOT Curb Ramp Permanent Easement Agreement with the Baker Heritage Museum for $11,200.00. Commissioner Nichols seconded the motion. Motion carried.
8. Fair-Grant Agreement #107-2022-5202-85 w/ the OR Dept. of Administrative Services.:
These grant funds are pursuant to House Bill 5202 (2022 Regular Session) the County shall receive $2 million in grant funds to be used for fairgrounds infrastructure.
Commissioner Bennett reported that the grant agreement was initially signed by a volunteer, but needs to be signed by the Board of Commissioners.
Commissioner Bennett moved to approve the fair Grant Agreement #107-2022-5202-85. Commissioner Nichols seconded the motion. Motion carried.
9. Emergency Management: Medical Reserve Corp grant Agreement #MRC RISE 22-2573 w/ the National Association of County and City Health Officials (NACCHO):
Emergency Management Director, Jason Yencopal, reported that the grant is for $25,000. He explained that they currently only have one MRC trailer and they would like to put another in the Umatilla depot area. He explained that the funds would be used to continue with up fitting the trailer. He explained that it includes purchasing, generators, shelving, and personal protective equipment. He also noted they have received grants from them in the past.
Commissioner Bennett moved to approve the Medical Reserve Corp grant Agreement #MRC RISE 22-2573 w/ the National Association of County and City Health Officials (NACCHO). Commissioner Nichols seconded the motion. Motion carried.
10. Amendment #1 to the Museum Assistant Employment Agreement
The agreement is with contract employee Gracie Hardy and stipulates an increase of hours to full-time with the monthly salary increasing to $2,800 per month.
Commissioner Nichols moved to approve Amendment #1 to the Museum Assistant Employment Agreement. Commissioner Bennett seconded the motion. Motion carried.
c. Nuisance Ordinance Discussion & Community Service Deputy Update:
Deputy Gabe Maldonado reported that this is a new position. He explained that the goal is to be a liaison to the sheriff, create partners in the community, and be involved in the community. He reported that he is the point of contact for unrepresented individuals including those that do not have homes and unbenefited veterans.
He noted that he recently helped investigate an assault against a senior homeless male and also helped return a homeless veteran to their home community in Washington. He explained that he recently received a report of a homeless person living in a tent in the Sumpter area and noted that he was able to locate their camp, but was not able to locate the individuals.
He reported that he partnered with New Directions for crisis intervention training in May and he anticipates holding another training this fall. He also explained that he is a liaison to city councils in the county. Deputy Maldonado also noted he represents the Sheriff’s Department on several committees including suicide prevention and multidisciplinary task force in order to make connections with partners.
Deputy Maldonado reported that another aspect of the job includes work with the County’s nuisance ordinance. Currently he reported nine open cases and provided the status update on each. He noted that this number does not include unfounded complaints. He stressed the importance of keeping open lines of communication and providing education to individuals.
Deputy Maldonado also reported his work within school system in the outlying communities to create positive law enforcement interaction with students and staff. He briefly discussed different presentations and coordination that has taken place.
Commissioner Harvey asked if Deputy Maldonado is involved with the dog ordinances in the small cities. Deputy Maldonado reported that he can enforce the County’s dog ordinance in the unincorporated areas of the County. He and Sheriff Ash explained that many of the small cities have designated individuals for animal control. It was also noted that dog bite incidents are handled differently and law enforcement is involved to take a report of the incident.
Commissioner Bennett commended Deputy Maldonado for his work. He noted that Deputy Maldonado took a vision and made it into reality. He also noted that having someone be a point of contact for homeless is a very positive thing. Deputy Maldonado reported that he can only count about 5 homeless camps that are out in the County, he noted that does not include any information on homeless in the city.
Overall, the feedback of Deputy Maldonado’s work has been very positive. The Commissioners expressed their appreciation for the presence in the schools, saying that it’s important to make those connections.
The Baker County nuisance ordinance references dangerous structures. Sheriff Ash discussed his perspective on a dangerous structure, but they have been approached by the building department about a home that was remodeled and they are seeking clarification from the Commissioners on addressing these types of issues. Following further discussion, Commissioner Harvey clarified that presence from law enforcement makes a big difference in keeping the peace if the Building Department needs to give bad news. Sheriff Ash noted that they have previously and currently accompany Building Department staff if they request assistance, but noted that need to insure their governmental interest is secure. Brief discussion also took place around the Building Department using an attorney to ensure they have legal authority to do certain aspects of their job. Commissioner Bennett noted that if they intend on using the County’s attorney, they will need to pay for the services.
6. Documents to be Signed
a. None
7. Ratification of Documents
a. Financial Reports: C22, C23, C31, C48, C49, C25 and C46.
Commissioner Bennett moved to approve the aforementioned financial reports. Commissioner Nichols seconded the motion. Motion carried.
8. Other Business:
a. Commissioner Update:
· Commissioner Bennett reported that the Wildfire Risk Map has been put on hold. He reported that he has a meeting with State officials to see what direction they are going to go.
· Commissioner Nichols reported that he attended a Baker School District 5J bond oversight meeting. He explained that they are receiving very few bids and the bids are very high.
· Commissioner Harvey reported that he will be continuing to work out at the parks. He reported they are working on the storage building and expect to pour concrete on Monday morning. He reported that the water levels are very low and the algae has returned. He also noted that the floating porta-potty has been brought in and cleaned.
b. Comparison of Calendar:
9. Adjournment
The August 17, 2022 Commission Session adjourned at 2:45 p.m.
Respectfully Submitted,
Meranda Woolard
Program Coordinator |