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 September 7, 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.       Remove Resolution No. 2022-1020 Transfer from the Non-Departmental Department of the General Fund from the agenda.

b.      Parks Lawnmower Bid Approval (see Contract Review Board)

Commissioner Bennett moved to adopt the agenda with changes.  Commissioner Nichols seconded the motion. Motion carried.

3.      Citizen’s Participation

a.       None

4.      Review/Approval of Minutes

a.       August 17, 2022 Commission Session Minutes

Commissioner Nichols moved to approve the August 17, 2022 Commission Session Minutes as presented. Commissioner Bennett seconded the motion.  Motion carried.

5.      Scheduled Business

a.       Museum Department Update – Lynn Weems

Ms. Weems was present to give a department update for the Museum. She reported that the Museum had attracted visitors from around the world this year, including families from the Netherlands, Ukraine, Australia, Korea, Spain, and the UK. Visitors hosted have also represented 37 of the 50 United States.

            She reported that they have a great relationship with the BLM National Historic Oregon Trail Interpretive Center, who temporarily moved into the Museum earlier this year while their center is undergoing renovations.The Commissioners discussed the need for reader boards and suggested she work with the BLM and Emergency Management/Road Department on utilizing the County’s reader board to help advertise.

 The Museum continued programs this year, such as summer camp and summer academy, with the help of the BLM Rangers. The Museum partnered with the Baker Co. Library staff, who conducted two separate events for the summer camp including; a rock day and an Oregon Trail day. Children in grades from 1st through 6th have participated in the summer camp program offered for the past ten years. Friday academy is open to children during the school year and over the summer. Children participating in these programs can learn about Baker County history, tracking animals where they can touch and feel fur pelts, and sustainability such as tie-dying history where they can tie dye t-shirts. The hope of providing these programs for children is to help them develop a sense of pride in their Baker County community.

            The central gallery exhibit in the Museum changes every two years. Due to covid, the Extraordinary Women Exhibit has been the central gallery exhibit for three years. Next year they are looking forward to displaying The Untold Stories of Chinese Immigrants in Baker County throughout the 19th and 20th centuries as the central gallery exhibit. They are working with the Chinese Benevolent Society out of Portland and the Oregon Chinese Diaspora Project to ensure accuracy in the production of the exhibition. They are optimistic about the possibility of having the input and expertise of Chelsea Rose from Southern Oregon. Chelsea is one of Oregon's top four experts on Oregon Chinese history who also has archeological dating experience.

            Commissioner Harvey asked Ms. Weems about the success of BLM work outdoors in the park. Ms. Weems stated that BLM had done Dr. Balthazar's show, but the event date was the same weekend as Shriner's, so the turnout was not as large as they had hoped. They plan on having the event during a different weekend next year for a better turnout. Karen Hauss had held events in the ballroom in the past that brought in a lot of people. Ranger Glen enjoys programming and is returning to the BLM, so more events should come when the Museum reopens in the spring. Ms. Weems would like to implement updates that make the experience more interactive and engaging to visitors to provide better overall interpretation. She hopes to be able to continue the work in the Museum for years to come.

            The Museum roof needs replacement as it has been leaking. Fundraisers and donations so far have been successful in raising approximately $20,000. They have submitted two grant applications that total $130,000 and plan to submit another grant application to the Ford Family Foundation for $70,000. She is optimistic that they will receive the grant, and they are confident they will be able to reach the goal of $250,000 that is needed to match budgeted funds to replace the roof. The plan is to be able to begin the project in the spring of 2023. Commissioner Bennett asked Ms. Weems about the interim plan between now and the spring. Ms. Weems stated that Dan has set up temporary systems to catch and collect water from leaks and patched a few roof spots. She believes he also has installed heat tape to help prevent ice dams by keeping any water thawed. They will also have many people on site working on the new exhibit that can help detect any leaks early on.

            The Leo Adler House had almost 300 visitors this year. It was closed this past weekend until next year. They hope to have Thursday- Saturday and possibly Sunday hours next year when it reopens.

b.      Contract Review Board

1.      Emergency Ambulance Services Contract for the Baker and Huntington Ambulance Services Areas.

      Commissioner Bennett asked for a quick update on the ambulance services. Mr. Jason Yencopal stated that we had an agreement that began with AMR and then transitioned to Metro West. Earlier this month, Chief Lee said he would be short-staffed, so we checked with Metro West, and they have brought in an additional crew to help fill that gap.

      They have responded to Huntington and other areas. With the additional crew, they will assist the hospital in making transfers contingent on staffing levels by the City. Commissioner Harvey emphasized the importance of responding to emergencies at home. Commissioner Bennett stated that Metro West has not charged us for the interim emergency service coverage standby. The additional unit may have additional charges since the contract doesn’t start until October 1, 2022. Because these additional services are outside of the contract, we have funds available to cover the costs. Mr. Yencopal reported that they are still trying to finalize a permanent garage location. 

      The agreement begins on October 1, 2022, through July 1, 2027. The contract was developed based on our Ambulance Service Area Plan, RFP, and the Proposal submitted by Metro West. The Provider will not seek any County subsidy for its service nor reimbursements for services from any municipal entity within the County. The Provider expects no tax base support for its operations under this agreement. 

      Ms. Kim Mosier added that Metro West is having trouble finding ambulances, personnel and garaging space. This contract allows for an extension, allowing them time to meet what they identified in their proposal. They almost have all of the paramedics they said they would have in their proposal, but they are still having trouble finding EMTs.

      The agreement has included requiring the ambulance provider to post a performance bond. If the provider fails to perform for any reason or, in particular, for staffing reasons, the bond would be forfeited. The County could then take over the operations, find somebody to provide those services, and use the funds to ensure a smooth transition. Before the contract is finalized, Mr. Yencopal will ensure proof of licensing, bonding, and insurance. Commissioner Bennett expressed that he

likes having the bond in place to provide transitional funding in unanticipated circumstances. To ensure we have continued services without the County having to come up with those costs. Commissioner Harvey agreed and is also happy with where we are in the relationship with Metro West. Commissioner Bennett thanked them both for their work on the agreement. 

      Mr. Yencopal added that the contract allows for changes to be listed in Appendix B. He anticipates at least two updates to the Plan, which would then be added to the contract under Appendix B. He is confirming those changes with Oregon Health Authority.

      Commissioner Nichols asked if the City and Metro West figured out the fire/med program. Mr. Yencopal explained that they have not yet. Metro West does not have its system up and going. They are advising people who would like to renew or start a new ground service to continue to sign up through the City. Once the system is ready, the information will transfer from the city to Metro West.

Commissioner Bennett moved to approve the Emergency Ambulance Services Contract with Metro West for the Baker & Huntington Ambulance Services Area. Commissioner Nichols seconded the motion. Motion carried.

2.      Parks Lawnmower Bid Approval: Commissioner Harvey reported that their existing lawnmower is 20 years old.  They received some bids on comparable mowers, but would like the authorization to purchase a Hustler 60 XD for $5,299 with a trade in value of $799 from S&E Inc. 

Commissioner Bennett moved to approve the bid from S&E for $5,299 with a trade-in value of $799 for a total cost of $4,500.  Commissioner Nichols seconded the motion.  Motion carried.

c.       Road District Discussion

Ms. Mosier explained that new legislation went into effect on January 1, 2022. The legislation amends ORS 294060 and allows a county to create a county-wide road service district for the sole purpose of receiving federal forest reserve monies. PILT, the pay in lieu of taxes payment from the federal government, is offset by the federal dollars we've received, including the forest reserve monies. The forest reserve monies are commonly known as SRS funds or Secure Rural Schools. PILT funds are reduced by the number of SRS funds received. This legislation allows counties that set up a county-wide road district to receive those SRS funds. If an outside entity such as a road district receives the SRS funds, then the PILT monies aren't affected. Since the legislation passed, Klamath County has been the only county that has completed the process of establishing a county-wide road service district to receive these funds. Requirements of this legislation include only using the SRS funds as they have been used previously, and the road district boundaries have to be county-wide and cannot be changed to create a smaller district. Commissioner Harvey asked for clarification on the breakdown of SRS funds. Ms. Christena Cook stated that schools get 33% and roads get 66% of the funds; she thinks we will continue to see the same split. Commissioner Bennett added that it is split internally into Title II Forest Service distribution and Title III County Fire Programs.

              Mr. Nolan Perkins added potential pros and cons to creating a Road District. The general fund will increase, and the increased amount will determine funds for future years. However, if the SRS funds become unavailable, the general fund that the county would become reliant on for operations will decrease. This could create sustainability issues within the road district to perform at the same level as they could with the funds. If SRS funds became permanent, this potential issue would go away.

Commissioner Nichols suggested that the County could set up reserves with the funds in case SRS funds became unavailable to avoid the issue. Commissioner Bennett added that arbitration by state law requires the county to open all funds and show all funds. If the money is in reserve, the county is subject to the money if in arbitration with a bargaining body.

              Commissioner Nichols asked about transferring it into the Road District Fund. Ms. Mosier clarified that the Road District and County budget would be separate, which is the purpose of the legislation. Ms. Cook added that there would be about a two-year lag in the adjustment in the general fund PILT because of the time it takes to process funds already received.

              Commissioner Bennett suggested pausing the discussion until there is further clarification for resolving these issues. Ms. Mosier stated that putting a pause on it would continue operations as they are.

              Ms. Mosier continued by adding that there are dollars the County wouldn't have access to, seeing the same offset until the Road District has been set up. Ms. Cook suggested looking at the funds as an opportunity to make capital improvements, one-time expenditures that wouldn't be relied on from year to year. Then at such a point that the funds become unavailable and the Road District becomes reliant on the County once again, hopefully, most capital improvements have been made, and the County would have the funds to support them again. Commissioner Bennett expressed concern for the continued need to educate new Commissioners and staff to continue the plan to ensure the Road District continues to have funding. As new commissions come and go, the plan could change. Keeping the plan going long-term would require continuing education and cooperation. Commissioner Nichols agreed that new commissioners could change it but making the step in that direction makes the new commission board cognizant of it.

              Commissioner Bennett asked Ms. Mosier if there was the ability to craft into the language a reserve set aside. Ms. Mosier responded about the processes for forming the district. First, it would be necessary to meet with all of the cities within the County because, in the order that would initiate the process, you have to have a resolution from each of the cities within the district saying they are willing to be a part of the road district. Commissioner Harvey asked if there was a downside for the cities. Ms. Mosier explained that there are some downsides for cities. After speaking with Klamath County, they had two main concerns. One being funds had to be used in unincorporated areas, not within city limits. The second was that by forming the district, we're not increasing or collecting fees to have a funding stream from citizens. We are looking at funding it the way it has always been funded. Commissioner Harvey suggested it essential to reassure the cities that it is the status quo and that our efforts are to do as we have always done.

              Ms. Mosier reiterated the upsides of the Road District, which include increased federal funding within the county, and that those dollars within the district help with connectivity between the cities.

              Commissioner Harvey expressed his support for creating a Road District.

              Commissioner Bennett asked if the cities' support must be unanimous to create the Road District. Ms. Mosier stated that she doesn't think the district can be made without unanimous support. Due to the legislation requiring it to be a county-wide district.

              Commissioner Nichols suggested a legislative fix to avoid requiring city approval. Ms. Mosier explained that if it came to the point and time where a city disagreed with the Road District, then resolve to the issue could be discussed.

              Commissioner Harvey and Commissioner Bennett expressed how it could benefit the cities and county overall and that they did not think the cities would find problems in creating the Road District.

              Ms. Mosier continued that the resolution from the cities is just approval of the process. If there are written objections from 15% or 100 electors, whichever is lower, through public hearings, it has to go onto the ballot for voters. If there is no objection from 15% or 100 electors, then by order of the commission, the district could be created.

              With direction from the Commissioners, Ms. Mosier will bring forward a proposed resolution for Commissioners to take to all cities within the county. Commissioner Bennett suggested inviting the cities to a work session to discuss it all at once. Commissioner Harvey told Ms. Mosier that today's consensus is to move forward with creating a proposed resolution to bring to the next Commission session. Ms. Mosier agreed.

6.      Documents to be Signed

                                                                 

a.       Order No. 2022-135: Designating Manage Inc. as a Sole Source Provider.



Commissioner Bennett moved to approve Order No. 2022-135. Commissioner Nichols seconded the motion. Motion carried.

b.      Order No. 2022-136: Re-Appointing Cindy Birko (Co-Exist Representative) and Tom Van Diepen (Business Representative) to the Baker County Wolf Depredation Compensation Advisory Committee with a term set to expire on September 1, 2025. 

Commissioner Bennett moved to approve Order No. 2022-136.  Commissioner Nichols seconded the motion.  Motion carried.

c.       Order No. 2022-137: Re-Appointing Tyler Brown and Buell Gonzales Jr. to the Transient Lodging Tax Committee with a term set to expire on September 1, 2025.

Commissioner Harvey moved to approve Order No. 2022-137. Commissioner Bennett seconded the motion. Motion carried.

d.      Order No. 2022-138: Re-Appointing Mark Estes, Ashley Dixon, and Bonnie Thiel to the Baker Co. Transportation/Traffic Safety Commission with a term set to expire on July 1, 2025.

Commissioner Harvey moved to approve Order No. 2022-138. Commissioner Bennett seconded the motion. Motion carried.

e.       Order No. 2022-139: Re-Appointing Jon Patterson and Dave Follett to the Baker Co. Planning Commission with a term set to expire on September 1, 2026.

Commissioner Bennett moved to approve Order No. 2022-139. Commissioner Nichols seconded the motion. Motion carried.

f.        Resolution No. 2022-1017: Unanticipated Revenue in the District Attorney Fund.

Commissioner Nichols moved to approve Resolution No. 2022-1017. Commissioner Bennett seconded the motion. Motion carried.

g.      Resolution No. 2022-1018: Designating the Baker Co. Economic Development Director as the Enterprise Zone Manager.

Commissioner Harvey moved to approve Resolution No. 2022-1018. Commissioner Bennett seconded the motion. Motion carried.

h.      Resolution No. 2022-1019: Transfer within the Veterans’ Fund.

Commissioner Nichols moved to approve Resolution No. 2022-1019. Commissioner Bennett seconded the motion. Motion carried.

7.      Ratification of Documents

a.       Financial Reports: C27, C30,C29,C26,C28,C35,C34,C32,C49,C50,C51,C38, and the July Treasurer’s Report.



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

8.      Other Business:

a.       Commissioner Update:

·         Commission Bennett reported that he has meetings with State officials to establish a new time line for meeting with cities and counties regarding wildfires. He also reported that the details for the agreement with Malheur County regarding the Foodborne Illness Prevention Program fee schedule have been finalized and should go into effect January 1, 2023. The Health Department will be sending letters to all impacted businesses.

·         Commissioner Harvey and Commissioner Bennett reported on wildfire crisis within surrounding counties and Baker County. Commissioner Harvey also reported that he had a phone meeting with BLM discussing forestry projects now and in the near future.   

·         Commissioner Nichols reported that he attended the “Power Eastern Oregon” business summit at Anthony Lakes Resort hosted by OTEC. The event had many presenters including Zachary Mannheimer with Atlas and Alquist 3D discussing 3D printed buildings and homes. John Day, OR should be receiving two concrete 3D printed homes this fall.

b.      Comparison of Calendar:

The Commissioners will attend the AOC District meeting on September 19, 2022.

9.      Adjournment

The September 7, 2022 Commission Session adjourned at 11:15 a.m.     

Respectfully Submitted,

Erin Linan

Management Assistant