COMMISSION CHAIR SHANE M. ALDERSON February 7, 2024
COMMISSIONER CHRISTINA WITHAM
COMMISSIONER BRUCE A. NICHOLS
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the February 7, 2024, Commission Session. Present were Commissioner Shane M. Alderson, Commissioner Christina Witham, and Commissioner Bruce A. Nichols.
1. Call to Order/Invocation/Pledge of Allegiance
Commissioner Alderson called the meeting to order and led the invocation and the pledge of allegiance.
2. Agenda Changes/Additions to the Agenda
a. Remove: Facilities: Sheriff’s Office Window Purchase Approval
b. Remove: Facilities: Jail Facilities Stainless Steel Countertop Purchase Approval
3. Citizen’s Participation
4. Review/Approval of Minutes
a. December 6, 2023, Commission Session Minutes
Commissioner Nichols moved to approve December 6, 2023 Commission Session Minutes as presented. Commissioner Witham seconded the motion. Motion carried.
b. December 20, 2023, Commission Session Minutes
c. Commissioner Nichols moved to approve the December 20, 2023, Commission Session Minutes as presented. Commissioner Witham seconded the motion. Motion carried.
d. January 3, 2024, Commission Session Minutes
e. Commissioner Nichols moved to approve the January 3, 2024, Commission Session Minutes as presented. Commissioner Witham seconded the motion. Motion carried.
5. Scheduled Business
a. Public Hearing:
1. Second Reading: Ordinance No. 2024-01 Chapter 760 of the Baker County Zoning Ordinance to Clarify Certain Requirements for Utility-Scale Solar Power Generation Facilities – Amending Ordinances 2014-01 and 2021-01: The proposed ordinance would remove the requirement that a utility-scale solar power generation facility applicant obtain an affidavit of consent from homeowners within 1,320 feet of a requested facility in the Commercial Industrial zone. It also states that if an airport or airstrip is registered with the FAA or the Oregon Department of Aviation, a utility-scale solar power generation facility is not allowed within 1 mile of the airport or airstrip unless the facility does not exceed the notice criteria of the two agencies or has received a Determination of No Hazard to Aviation from both agencies.
Commissioner Alderson read the public hearing statement and asked if there were any challenges. There were none. He also asked if there were any conflicts of interest from the board. There was none from the board. Ms. Holly Kerns, Planning Director, noted a potential conflict of interest, as she is currently the owner of one of the properties listed within the comprehensive plan as a non-registered private airstrip. She noted that to the best of her knowledge, the airstrip has not been used in over 20 year and that this could allow someone to put solar farm, if other criteria were met, within a mile of her property. She noted that she does not see how that would financially benefit or negatively affect her. Therefore, she does not see this is an actual conflict of interest.
Ms. Tara Micka, Senior Planner noted that this is the second reading of the ordinance and provided information about the changes. She also explained that the changes were initially brought before the planning commission and have been recommended for approval. She noted Exhibit E, a letter from Marion Jane Fennern and Exhibit F, a letter from the City of Halfway to be added to the record.
Ms. Micka also noted that the commissioner’s decision today should be based on the staff report provided and the discussion today is not regarding a solar project or application for a solar project. It is whether to amend wording in the zoning ordinance.
In regards to the letters from Halfway, it was noted that this does not preclude anyone from applying for a solar project or an application and there is a conditional use process that would still need to be met. Ms. Kerns noted that an application could come in at any time, even under the current ordinance; the only change would be the distance from neighboring properties in which a letter of consent would be required.
Ms. Darcy Kindschy, from Intermountain Law, reported that she was present on behalf of Hillstone Development as Andrew Martin was not able to attend in person. Mr. Martin attended via Zoom. He also noted that he does not have any current information in respect to Halfway.
Public Testimony was received from Ms. Marion Jane Fennern of 227 N Pine Street in Halfway. She thanked the commissioners for reading their comments and explained that they had heard rumor that a solar array was going to be put on that particular property and appreciated the clarification. After receiving public testimony, Commissioner Alderson closed the public hearing.
Commissioner Nichols moved to approve, by title only, Ordinance No. 2024-01 Chapter 760 of the Baker County Zoning Ordinance to Clarify Certain Requirements for Utility-Scale Solar Power Generation Facilities – Amending Ordinances 2014-01 and 2021-01. Commissioner Witham seconded the motion. Motion carried.
2. Order No. 2024-111 Renaming a Portion of Best Frontage Road, NE of Baker City to “Old Best Frontage Road” Located in Section 9A and 10 of Township 9 South, Range 40 East, W.M., Baker County, OR
Commissioner Alderson opened the public hearing and it was noted that this name change would affect a small portion of road to the south of Highway 86. Letters were sent to the three neighboring properties and none expressed opposition and one expressed support. Commissioner Alderson allowed for public testimony and there was none in favor or opposition.
Commissioner Nichols moved to approve Order No. 2024-111 Renaming a Portion of Best Frontage Road, NE of Baker City to “Old Best Frontage Road” Located in Section 9A and 10 of Township 9 South, Range 40 East, W.M., Baker County, OR. Commissioner Witham seconded the motion. Motion carried.
a. Technology Department Update ~ Bill Lee, Director
Bill Lee, Technology Director, was present and provided updates on various projects and improvements. He explained that they are continuing with the transition from .org to .gov and expects that to be complete in December of 2024. He also noted internet improvements to the Parks in Richland and improvements made at the museum that included updating their technology wiring and phone system.
b. Contract Review Board
1. Facilities: Sheriff’s Office Emergency Operations Center RFP Response Cole Architects Approval:
Commissioner Alderson reported that after the initial RFP deadline had been extended, they received one proposal for this project from Cole Architects, from Boise Idaho. It was noted that their proposal met all the requirements.
Commissioner Nichols moved to approve the RFP response from Cole Architects. Commissioner Witham seconded the motion. Motion carried.
2. Parks: Amendment #1 to Oregon Department of Corrections Amendment to Work Order #PRCF.2023.520.01 for Master Agreement #520:
Ms. Doni Bruland reported that this amendment reflects the price increase from Department of Corrections for the litter clean-up work they provide. It was noted that the Department of Corrections sends an invoice to Baker County. Baker County is then reimbursed from Idaho Power.
Commissioner Witham move to approve Amendment #1 to Oregon Department of Corrections Amendment to Work Order #PRCF.2023.520.01 for Master Agreement #520. Commissioner Nichols seconded the motion. Motion carried.
3. Weed: Oregon Watershed Enhancement Board (OWEB) Restoration Grant Agreement Grant No. 222-8206-22948: Mr. Jeffrey Pettingill reported that this grant was applied for last year and approved through the Local Implementation Team. Originally there were two grants: Harrell & Flack and Lawrence Sardine. They were combined into one agreement because of the owners purchase property within the Lawrence Sardine and Kathy Thompson’s property (Flack) was incorporated into the Lookout Mtn. project. This is a $157,260 grant. This grant has a completion date of March 28, 2025, with a progress report by March 29, 2024.
Commissioner Nichols moved to approve the Oregon Watershed Enhancement Board (OWEB) Restoration Grant Agreement Grant No. 222-8206-22948. Commissioner Witham seconded the motion. Motion carried.
4. Admin: Professional Services Agreement with Baker County Unlimited (BCU).
The Commissioners had questions relating to the BCU agreement and budget. Following discussion, the Commissioners reached consensus to send back to TLTC for further clarification.
5. Road: Snowplow Purchase Approval
Mr. Ryan Davila, Shop Foreman/Fleet Manager, provided a summary of the machine they would like to purchase. He explained that the machine has a bidirectional plow on the front, which does not work well on gravel roads. He expressed their intent to sell the blade to Union County for $10,000.
Commissioner Witham moved to approve the purchase of the 1985 AutoCar snowplow for $39,500. Commissioner Nichols seconded the motion. Motion carried.
6. Baker Sage-Grouse LIT: USGS Contract Approval:
Commissioner Witham moved to approve the Baker Sage-Grouse LIT: USGS Contract. Commissioner Nichols seconded the motion. Motion carried.
7. Baker Sage-Grouse LIT: OWEB Grant Agreement for Technical Assistance Grant No. 224-8206-23180
Commissioner Witham moved to Baker Sage-Grouse LIT: OWEB Grant Agreement for Technical Assistance Grant No. 224-8206-23180. Commissioner Nichols seconded the motion. Motion carried.
8. Professional Services Agreement Modification with Mark Bennett:
Commissioner Alderson expressed his appreciation for all the work that Mr. Bennett has done with the Unity water tower project, hospital situation, and housing task force. He requested to extend this agreement. Commissioner Nichols also expressed his appreciation for the work that has been done, but questioned if a commissioner could take on these tasks, other than the Unity water project. Commissioner Witham agreed.
Ms. Heidi Martin, Executive Assistant noted that there is still work to be done on the water project in Unity and suggested extending the agreement. It was discussed that modifications would be made and would review the agreement in the next session.
9. Hospital-based Services Study/Agreement: Ms. Kim Mosier:
Ms. Mosier, County Counsel was present to provide a summary and was accompanied by Dennis Burke, EOCCO Senior consultant and former CEO of Good Shepard Health care System in Hermiston, Oregon.
Ms. Mosier reported that three organizations were contacted regarding the proposal. She noted that DZA, declined to submit a proposal. WIPFLI submitted a proposal for a portion of the study; they declined to offer a proposal for the community engagement and financial forecasting portion. Valentine Health Advisors also submitted a proposal for all that the County was requesting. Ms. Mosier explained that her recommendation is to accept the agreement with Valentine Health Advisors. Ms. Mosier reported that the proposal from Valentine Health Advisors would entail forming a steering committee as well as appointing a liaison. It was clarified that the steering committee would involve community members. She noted that the agreement is for professional services of $75,000.00 plus direct out of pocket expenses, capped at $7,000.00 for a total of $82,000.00. Eastern Oregon Coordinated Care has committed to contributing 50% of the cost, up to $80,000.00. Ms. Mosier also reported that they are also seeking financial support from State and Federal funders.
Ms. Mosier noted that their current proposal is to guide the County through phase one of the decision making project. She also explained that after phase one is completed, Valentine Health Advisors is available to guide and consult on the implementation on the decision from phase one for an additional cost and under a new contract.
Commissioner Nichols moved to approve the proposal from Valentine Health Advisors. Commissioner Witham seconded the motion. Motion carried.
e. Order No, 2024-112 Adopting a policy for Disposition of Tax Foreclosed Property:
Ms. Mosier, County Counsel, reported that in May of 2023 the Supreme Court delivered an opinion that affects how the distribution of surplus proceeds from foreclosure sales are handled. To comply with the Supreme Court’s decision, Baker County staff has drafted a policy and procedure.
Commissioner Witham moved to approve Order No, 2024-112 adopting a policy for Disposition of Tax Foreclosed Property. Commissioner Nichols seconded the motion. Motion carried.
f. Assessor: Potential Refund Credit Update:
Commissioner Nichols noted that based on the staff report that the DeShaw credits are expected to be released. He explained that Mr. Kerry Savage, Assessor, had reached out to his contacts to verify.
g. AOC Dues Discussion:
Commissioner Nichols moved to pay the Association of Oregon Counties dues in the amount of $19,645.74. Commissioner Witham seconded the motion. Motion carried.
h. Documents to be Signed
a. Order No. 2024-113 Appointing Members to the Wolf Depredation Compensation Advisory Committee
Commissioner Witham reported of the vacancies that are being filled. She noted an additional vacancy would be filled later as Mr. VanDiepen resigned at the last meeting.
Commissioner Nichols moved to approve Order No. 2024-113 Appointing Marti Harriman as a co-exist member and Michelle Thomas as a business representative to the Baker County Wolf Depredation Compensation Advisory Committee for a term set to expire September 1, 2025. Commissioner Witham seconded the motion. Motion carried.
b. Order No. 2024-114 Appointing members to the Baker County Museum Commission
Erin Linan reported that Baker County Museum Commission recommended appointing Mr. Marco Valerio and Ms. Robbie Langrell to the Baker County Museum Commission.
Commissioner Nichols moved to approve Order No. 2024-114 Appointing Marco Valerio and Robbie Langrell to the Baker County Museum Commission for a term set to expire January 1, 2027. Commissioner Witham seconded the motion. Discussion: Commissioner Witham asked if this brought their commission up to seven members. Ms. Linan confirmed. Motion carried.
c. Recognition of the Leo Adler Search and Rescue Grant: Resolution No. 2024-1001 Appropriation of Unanticipated funds to be expended in the Sheriff Department of the County General Fund
Commissioner Witham moved to accept the Recognition of the Leo Adler Search and Rescue Grant: Resolution No. 2024-1001 Appropriation of Unanticipated funds to be expended in the Sheriff Department of the County General Fund in a total amount of $8,000. Commissioner Nichols seconded the motion. Motion carried.
i. Ratification of Documents
a. Baker Sage-Grouse LIT: modification/addendum to contract with David Evans & Associates
Commissioner Nichols moved to ratify Commissioner Aldersons signature on the Baker Sage-Grouse LIT: modification/addendum to contract with David Evans & Associates. Commissioner Witham seconded the motion. Motion carried.
b. Financial Reports:
Commissioner Nichols moved to approve reports C82, C84, C86, C17, C18 and the December 2023 Treasure’s report. Commissioner Witham seconded the motion. Motion carried.
j. Other Business
a. Commissioner Update:
The Commissioners discussed that Forest Service 39 road is in need of improvement and discussed possible avenues moving forward. Commissioner Witham also provided brief updates on a DEQ issue, BIC, and Blue Mountain Forest Plan Revision. She also noted that there is a comment period for mining claims near Old Auburn. She expressed her intent on drafting a comment. Commissioner Witham also noted that she attended a weed meeting in Unity.
Commissioner Nichols reported that he attended the Eastern Oregon Counties Association meeting. He also attend the funeral of a Baker County Resident, Jan Kerns. Commissioner Nichols also noted he would be sitting in on the Superintendent interview committee for the School District, noting that at this point the school district has three applicants. Commissioner Nichols reported that he would be attending the NEODD meeting on the 20th in La Grande as well as an AOC membership committee meeting on the 22nd at 10 am.
b. Comparison of Calendar:
k. Adjournment
Commissioner Nichols moved to adjourn the meeting. Commissioner Witham seconded the motion. Motion carried.
The February 7, 2024, Commission Session adjourned at 11:48 A.M.
Respectfully Submitted,
Meranda Woolard
Program Coordinator |