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 July 20, 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.       2022 Parks Employment Agreement

b.      Amendment #2 with  New Directions Northwest

Commissioner Bennett moved to approve the July 20, 2022 agenda with changes. Commissioner Nichols seconded the motion. Motion carried.

3.      Citizen’s Participation

a.       None

4.      Review/Approval of Minutes

a.       July 6, 2022 Commission Session Minutes

Commissioner Bennett moved to approve the July 6, 2022 Commission Session Minutes as presented. Commissioner Nichols seconded the motion.  Motion carried.

5.      Scheduled Business

a.       Federal Natural Resource Advisory Committee Update:

Brent Kerns and Ted Davis were present to give an update on the Natural Resource Advisory Committee. They reported that the committee hasn’t met since 2016. It was discussed that there is approximately $200,000 available and that the Forest Service would be overseeing the projects. Commissioner Bennett added that they are Title II funds. Mr. Kerns reported he has approached some trailhead folks to make proposals. It was discussed that proposals go out to the committee the end of September and then the committee meets to prioritize projects at the end of October. It was noted that the previous committee disbanded because it lacked diversity in member representation.  Commissioner Bennett stated that in the past we put money towards fish-friendly culverts as part of the Mason Dam project, fire prevention, youth corps trail work, and search and rescue.  Applications can be found online.

b.      Contract Review Board

1.      Facilities: Jail HVAC Purchase

Mr. Dan McQuisten, Facilities Director, reported that up until this point they have replaced 3 HVAC units and have 2 units in the works to be replaced. He reported that he received 2 responses back from local contractors to replace the 4 remaining units.

His recommendation is to accept the bid from Baker County Heating and Cooling based on their previous work experience and pricing. Commissioner Harvey questioned if this would complete the project. Mr. McQuisten confirmed.

Commissioner Bennett moved to approve the bid from Baker County Heating and Cooling for $50,352.00 to replace the remaining 4 HVAC units at the Jail/Justice Center.  Commissioner Nichols seconded the motion.  Motion carried.



Commissioner Harvey emphasized that this recommendation is based on the contractor’s previous work including emergency work with Baker County in efforts to foster that relationship. 

2.      2022-23 USDA APHIS Wildlife Services works & Financial Plan Agreement:

Commissioner Bennett reported this agreement is a renewal of an annual agreement for $41,000. They will provide wildlife management assistance to reduce or manage damage caused by coyotes, predatory animals, and other nuisance wildlife to protect property and human health and safety.  Commissioner Bennett reported the services have improved and they now have a helicopter which helps. 



Commissioner Bennett moved to approve 2022-23 USDA APHIS Wildlife Services works & Financial Plan Agreement for $41,000. Commissioner Nichols seconded the motion. Motion carried.

3.      Memorandum of Agreement #73000-00009272: Thelypody Land Transfer:

Commissioner Harvey reported that the agreement consists of a land transfer of 8 acres. He explained that ODOT would be handling the funds and then disburse as directed and reported that the US Highway Department is administering this.  Commissioner Bennett reported that this meets a number of criteria for American Rescue Plan funds and it’s an eligible expenditure. Commissioner Nichols reported that this helps a non-profit entity, and we may get push back from others. He explained the need to be careful and articulate that it’s about public safety. It was noted that this does meet the economic development needs.  The site will be used to develop a parking lot at the Haines Rodeo grounds to provide safer parking conditions.  The 51-acre site was originally established using the Federal Highway Administration funds as mitigation for the Anthony Lake’s improvements project.  This project will coordinate a land swap for the current 8 acre mitigation which requires production of deliverables by Federal Highway Administration.  The cost is $50,000 with $5,000 from Haines, $20,000 from Economic Development Capital improvement line and $25,000 County’s American Rescue Plan Funds.



Commissioner Bennett moved to move forward with the Memorandum of Agreement #73000-00009272: Thelypody Land Transfer and authorize Commissioner Harvey to sign out of session. Commissioner Nichols seconded the motion. Motion carried

4.      2022 Parks Employment Agreement: The updated employment agreement provides an increase to Mr. McCarrells annual salary for a total of $3,910/mo.  Commissioner Harvey commended the work Mr. McCarrell has done and expressed his appreciation of having him as an employee.  He reported that Mr. McCarrell works 8 months out of the year, but lives there year round for security purposes.



Commissioner Bennett moved to approve the employment and employee housing agreement with John McCarrell as the parks staff. Commissioner Nichols seconded the motion. Motion carried.

5.      Amendment #2 to the Services agreement with New Directions NW for Community Developmental Disability Services.  New Directions has taken over SE 55 Abuse Investigations.  Services were previously provided by CHD out of La Grande through January 31, 2022 with New Directions taking over in February 2022.  It was later learned that New Directions participated in training and job shadowing in January.  This amendment recognizes the activities conducted by New Directions in January and will compensate New Directions $6,277.84 for those activities. Commissioner Nichols and Commissioner Harvey briefly discussed that New Directions is required to follow State and Federal Mandates that regulate the use of these funds.



Commissioner Nichols moved to approve Amendment #2 to the Services agreement with New Directions NW for Community Developmental Disability Services. Commissioner Bennett seconded the motion. Motion carried.

c.       Baker Co. Cultural Coalition Update ~ Ginger Savage:

Ms. Ginger Savage, Executive Director of Cross Roads Carnegie Art Center, reported that she is the Chair of the Baker County Cultural Coalition and the Baker County Historical Society and noted she is also a board member of the Cultural Advocacy Coalition.  She reported that she is present to provide information to the Commissioners regarding grant opportunities. She reported that the Baker County Cultural Coalition is tasked with disbursing small amounts of money that they receive from the Oregon Cultural Trust. She explained that in late 2021, Oregon Community Foundation came to the trust and the 32 county cultural coalitions and 9 federally recognized tribal coalitions and gave them all $5,000. The goal was to improve access to arts, culture, heritage, and humanities. She noted that after several meetings the Baker County Cultural Coalition is unveiling a new grant proposal to improve access to the arts. They are opening this proposal to various entities and groups. She provided a few examples of what the applicants could do, noting this could be Step Forward applying for funding to take clients to a concert or CASA applying for funds to purchase movie tickets for foster children. She expects that they will be looking at a wide variety of proposals. She explained that they hope to give $500 grants and if successful, they plan to request additional funding from Oregon Community Foundation. She noted that the application deadlines are August 15, 2022 and March 15, 2023 and applications can be found on the Baker County website.



Ms. Savage also reported that the Cultural Advocacy Coalition of Oregon is in charge of Cultural Resource Economic Funds. She explained this is how cultural organizations can access funding through State lottery funds and bonds for capital projects. The Baker Heritage Museum was a finalist previously. The Orpheum Theate was also successfully funded and they were able to begin one of their phases. She stated that the first round, letter of intents, need to be submitted by July, 28, 2022.



Ms. Savage also noted that she has been working with the Baker County Heritage Society and the Chinese Cemetery and briefly discussed the need for potential improvements to the Chinese Cemetery and the process associated with that.  She reported that the late Virginia Kostol left funds to care for the Chinese Cemetery in perpetuity. 

d.      OLCC Liquor License Renewal Approval:

Commissioner Bennett recommended approval of: A-Frame, Hells Canyon Inn, Scotty’s Hells Canyon Outdoor, and the Water Hole Café (Unity) for on-premises and off-premises sales. Commissioner Bennett noted he was not in favor of approving McEwen County Store as they are no longer an established business.



Commissioner Bennett moved approve the OLCC Liquor License Renewal of aforementioned except for the McEwen County store. Commissioner Nichols seconded the motion. Motion carried.

e.       Public Hearing

Ordinance No. 2022-04: An Ordinance Declaring a Ban on Psilocybin Product Manufacturers and Psilocybin Service Center Operators within Unincorporated Baker County; Referral to Electors.

Commissioner Harvey opened the public hearing for Ordinance No. 2022-04: An Ordinance Declaring a Ban on Psilocybin Product Manufacturers and Psilocybin Service Center Operators within Unincorporated Baker County; Referral to Electors

Kim Mosier gave a brief overview of the proposed ordinance. She reported that the ordinance is in compliance with ORS 475A.718 and noted that in 2020, Oregon voters approved ballot measure 109 that allows the OHA to administer a program where psilocybin products can be manufactured and delivered to those 21 and over. She noted that this was fashioned after the medical marijuana statutes. She noted some differences in the statutes. She reported that OHA is the administrative office that has been tasked with developing rules on how this is regulated. She reported that all counties and cities are opted-in unless it is referred to the voters. She noted that the County can pass this ordinance banning manufacturing and service centers, but unless it is approved by the voters it won’t be effective. She reported that bringing this before the Commissioners now, allows us to get it on the November ballot. It was noted that 64% of Baker County voters rejected Measure 109 and 34% voted in favor. Commissioner Harvey added that they had requested that Ms. Mosier reach out to the other small cities and Baker City on this matter as well. 



Commissioner Nichols shared his discussion with Ms. Shari Selander of New Directions Northwest, saying that Ms. Selander would like more time to look over the information as well as research studies. She expressed her support for a 2-year moratorium and Commissioner Nichols voiced his support for that as well and noted the need for additional time. County Counsel Mosier reported that is an option. She discussed the repeal process should they go that route. Commissioner Harvey noted that Oregon is miserable in attempting to control mind-altering substances; saying that we are now suffering from the consequences of their lack of control.

Ms. Mosier stated that that an explanatory statement could go on the clerk’s office website as they do not have voter’s pamphlet.



Commissioner Harvey asked for testimony in favor of the proposed ordinance which would ban the product manufacturers and psilocybin service center operators within unincorporated Baker County. Mr.  Dan Garrick of 3502 Campbell Street, Baker City reported that he was in favor of banning the product. He reported that he does not see any good that could come from this.  Commissioner Harvey asked for additional testimony in favor of the proposed ordinance. There was none. 

Commissioner Harvey asked for testimony against the proposed ordinance which would ban the product manufacturers and psilocybin service center operators within unincorporated Baker County. There was none.

Commissioner Bennett noted his past experience in law enforcement and the research done by the FDA and others. He voiced his concerns adding that even Amsterdam was trying to reign it back in.  Commissioner Nichols clarified that he was not in favor of allowing the substances but was concerned with lack of research. Commissioner Nichols and Commissioner Bennett continued to discuss the research on the matter and Commissioner Nichols noted that he is agreeable to proceeding with the first reading of the ordinance.

Commissioner Bennett moved to approve the first reading of Ordinance No. 2022-04: An Ordinance Declaring a Ban on Psilocybin Product Manufacturers and Psilocybin Service Center Operators within Unincorporated Baker County; Referral to Electors by title only   Commissioner Nichols seconded the motion.  Motion carried.



Commissioner Harvey continued the public hearing for Ordinance No. 2022-04: An Ordinance Declaring a Ban on Psilocybin Product Manufacturers and Psilocybin Service Center operators within Unincorporated Baker County; Referral to Electors until August 3, 2022.

CITY OF UNITY

Public Hearing

Ordinance No. 2022-02: An Ordinance Declaring a Ban on Psilocybin Product Manufacturers and Psilocybin Service Center Operators within the City of Unity; Referral to Electors:



Commissioner Harvey opened the public hearing for Ordinance No. 2022-02: An Ordinance Declaring a Ban on Psilocybin Product Manufacturers and Psilocybin Service Center Operators within the City of Unity; Referral to Electors

Kim Mosier read the summary of the proposed ordinance.

Commissioner Harvey asked for testimony in support of the proposed ordinance, which would ban psilocybin product manufacturers and psilocybin service center operators within the City of Unity. Mr. Dan Garrick of 3502 Campbell Street noted that he was again in support of the ordinance that would ban these services.

Commissioner Harvey asked for testimony from those opposed to the proposed ordinance. There was none.  Commissioner Bennett noted that under the direction of County Counsel, he posted the proposed ordinance in many places in the City of Unity and he has not heard any feedback.



Commissioner Bennett moved to approve the first reading of Ordinance No. 2022-02: An Ordinance Declaring a Ban on Psilocybin Product Manufacturers and Psilocybin Service Center Operators within the City of Unity; Referral to Electors by title only. Commissioner Nichols seconded the motion. Motion carried.



Commissioner Harvey continued the public hearing for Ordinance No. 2022-02: An Ordinance Declaring a Ban on Psilocybin Product Manufacturers and Psilocybin Service Center operators within the City of Unity; Referral to Electors until August 3, 2022.

6.      Documents to be Signed

                                                                 

a.       Order No. 2022-131: Re-appointing Shella DelCurto to the Baker County Weed Board for a term set to expire July 1, 2025.  Jeffrey Pettingill of the Baker County Weed District reported that Ms. DelCurto is 1 of 2 representatives of the Halfway area and the Weed Board unanimously supports her re-appointment. Commissioner Harvey also commended Ms. DelCurto, noting she has been a very active member.



Commissioner Bennett moved to approve Order No. 2022-131.  Commissioner Nichols seconded the motion.  Motion carried.

b.      Order No. 2022-132 Amending Order No. 2022-128: Authorizing the Sale of Foreclosure Property Located at 8S 40E Tax Lot 100 (Taggert Ln., Baker City, OR) Commissioner Harvey reported that use of this piece of ground is very limited, it is full use and protected right of an easement. He noted that there is no use to this land other than an easement. Commissioner Harvey reported that the total expenses for the piece of ground is $829.50. He suggested setting the bid at $950.00. Commissioner Bennett suggested setting the minimum bid at $850.00.



Commissioner Bennett moved to approve Order No. 2022-132 Amending Order No. 2022-128: Authorizing the Sale of Foreclosure Property Located at 8S 40E Tax Lot 100 (Taggert Ln., Baker City, OR) and set the minimum bid at $850.00. Commissioner Nichols seconded the motion. Motion carried.

7.      Ratification of Documents

a.       Financial Reports: C15, C14, C11, C09, C13, V31, C16, C43, C12 and the May Revenue/Expenditure Report



Commissioner Nichols moved to approve the aforementioned financial reports. Commissioner Bennett seconded the motion. Motion carried.

8.      Other Business:

a.       Commissioner Update:

·         Commissioner Bennett reported that the State of Oregon released the wildfire risk map. He provided some details, but noted that they are still working through several issues.  

Commissioner Bennett also reported that the Health Department contracts with Malheur County for Environmental Health Services and they have notified us that they will no longer be able to provide those services.  Meghan Chancey, Health Department Director, is researching options.  They currently provide inspections of swimming pools, restaurants, etc. It was noted they would like to combine it with wastewater inspections and drinking water inspections. Commissioner Bennett discussed potential options, but also noted that some options are very expensive.

·         Commissioner Nichols reported that he toured Brooklyn Elementary as part of the School District bond oversight. He noted that Brooklyn is getting upgrades to their HVAC system. He also reported talking to people about the ambulance. Commissioner Bennett reported that someone complained that it took over 20 minutes to get to a call, but after researching it took 9 minutes. He reported that they are still working out staffing. Commissioner Nichols noted he was pleased to hear that Metro West would be honoring FireMed memberships until the end of September.  

·         Commissioner Harvey noted the success of the Miners Jubilee Parade and explained there was 57 entries. He also reported a vehicle accident following the Miner’s Jubilee parade and there was tremendous support from emergency services including law enforcement and medical.  He also noted that the River Democracy Act has been dropped from the committee. Commissioner Harvey noted that they ratified and signed the agreement with SEIU employees and noted the upcoming law enforcement contract negotiations. Commissioner Harvey also noted some changes to non-represented employee benefits. Commissioner Bennett and Commissioner Harvey commended County staff for their continued hard work.

b.      Comparison of Calendar:

Commissioner Harvey reported that there is a NEOHA meeting in La Grande on Tuesday, 7/26/22. He noted that the Forest Service watershed meeting would take place in August and would update the Board of Commissioners with the exact date.

9.   Adjournment

The July 20, 2022 Commission Session adjourned at 10:45 a.m.     

Respectfully Submitted,

Meranda Woolard

Program Coordinator