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 21, 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. Parks - Cultural Survey Permit (See Scheduled Business)
b. STIF- Transit Plan Strategies Review/Approval (See Contract Review Board)
c. Health Department- OSBHA Grant Agreement: SBHC Mini-Grant (See Contact Review Board)
d. Resolution No. 2022-1021 Transfer within the Emergency Management Department of the County General Fund (See Documents to be Signed)
e. Veteran War Memorial Fund Donation Request Approval (See Other Business)
f. BLM Introduction - Joe Aragon (See Other Business)
g. Remove Health Department- IGA with Malheur County for Environmental Health Services and Resolution No. 2022-1020 Fees Established for Foodborne Illness Prevention Program (FIPP); Requirement of Intergovernmental Agreement with Malheur County
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. September 7, 2022 Commission Session Minutes
Commissioner Nichols moved to approve the September 7, 2022 Commission Session Minutes as presented. Commissioner Bennett seconded the motion. Motion carried.
5. Scheduled Business
a. District Attorney Department Update ~ Greg Baxter, District Attorney
Mr. Greg Baxter, DA was present to give a department update. Mr. Baxter discussed the homicide around Baker High School in mid-July. The homicide investigation and others have been keeping their department busy. Their focus has been on due diligence in building solid cases to ensure confidence in prosecution if they have to go to trial and present to a jury.
The department is currently fully staffed but he has been notified that two of his employees will be retiring by March. Commissioner Harvey asked not to delay the process as finding people to fill the positions can be difficult and time-consuming. Mr. Baxter responded that he is planning on working with Human Resources as soon as he has specific retirement dates.
Mr. Baxter stated that he is in charge of the multidisciplinary team by law. Part of the responsibility is to have community partners trained in child abuse items. There used to be a child abuse summit hosted by the Clackamas Sheriff's Department. A couple of years ago, funding was cut, and they no longer host the Child Abuse Summit. The cancelation has created a gap in the ability to obtain training and satisfy grant funding requirements. Mr. Baxter wanted to make the Commissioners aware that they are looking for training within Oregon; however, they may need to travel out-of-state in order to meet their grant requirements. The majority of their training costs, if not all costs, will be covered by the grant. Commissioner Harvey asked why they are not attempting to bring a trainer here versus sending staff elsewhere. Mr. Baxter stated that Judge Shirtcliff, while in the District Attorney Position, had tried to get trainers to come here, without success. They found that it can cost more to have trainers come here versus sending staff to training due to the expense of travel, food, housing, and training fees. Mr. Baxter stated that the Child Abuse Summit is a week-long training that offered a variety of trainings throughout the week for many different positions and departments. He continued to explain that this is a reason it is a complicated process to get the training accomplished locally because it involves various trainers and training that also satisfy grant requirements. They are working hard with other counties to organize this locally, and he wants to see that happen if possible. Commissioner Harvey mentioned that regarding the location, Baker County is no different in the distance compared to other counties traveling for training. He also emphasized that Baker County is just as important as other counties. Commissioner Harvey also expressed his concerns about staff being away from the office for extended periods of time for the training. Mr. Baxter explained that the training takes place at various times and that he would try to limit the number of personnel that were out of the office
Commissioner Bennett mentioned that training is crucial for victims and prosecution, and he supports it. He is pleased they are seeking options to accomplish training requirements.
Commissioner Nichols asked where most of the trainers come from. Mr. Baxter explained that the Child Abuse Summit included trainers are from all over, including from as far away as England, which is part of the struggle in getting them to come here.
b. Contract Review Board
1. Weed Department- ATV Purchase Approval: Commissioner Harvey reported that a 4-wheeler with tracks is need for operations in difficult terrain. The Weed Department received bids on comparable ATVs but would like authorization to purchase a Polaris Sportsman 850 Premium including tracks for $16,677.00.
Commissioner Bennett moved to approve the bid from Oregon Trail Sports for a total of $16,677.00. Commissioner Nichols seconded the motion. Motion carried.
2. Health Department- OSBHA Grant Agreement: SBHC Mini-Grant: Ms. Meghan Chancey, Health Department Director, explained this is a small grant, not to exceed $9,000, to increase Covid 19 vaccinations through outreach. The funds can be used for other opportunities as long as information about Covid 19 is included. Ms. Chancey discussed the implementation of a student wellness punch card for up to 150 students. Once the student meets at least five of the seven wellness items on the punch card, they would be entered into a drawing for a prize. Wellness items would include immunizations, mental health questionnaires, sports physicals, etc. Commissioner Harvey asked for clarification that Covid vaccination is recommended and not required. Ms. Chancey confirmed that it is not required. Commissioner Bennett added that it could benefit the three rural schools, Huntington, Unity, and Pine Eagle, since they have fewer opportunities for these programs and encouraged her to see how she could incorporate those schools into this program. Ms. Chancey agreed that it could be considered. Commissioner Nichols inquired about the grant funding reimbursement timeline. Ms. Chancey explained that it could either be paid in a lump sum or over time through reimbursement invoices, and the funding ends in December.
Commissioner Bennett moved to approve the OSBHA Grant Agreement. Commissioner Nichols seconded the motion. Motion carried.
3. STIF-Transit Plan Strategies Review/Approval: Ms. Doni Bruland and Ms. Teresa Dutcher were present to discuss the Transit Plan Strategies. Commissioner Harvey asked Ms. Dutcher to go over the highlights of the plan, in no particular order. No. 1 is Maintaining Existing transit services and programs, and preserving cost-effective services to residents in Baker County. She elaborated that we would like to maintain these services. No. 2 is preventative maintenance to vehicles and replacements, completing preventive maintenance on a regular schedule and replacing vehicles within a timely fashion. No. 3 Provide a brochure and consistent web materials across transit providers and other human service agencies, educational, employment, State & Federal agencies. No. 4 Continue to support NEMT (Non-Emergency Medical Transports) and Rides to Wellness programs. No. 5 Provide service to employment clusters with the WOD Program. Explore carpool and vanpool programs as needed. No. 6 Continue to support intercity fixed route service to outlying communities. No. 7 Expand weekend and evening services. No. 8 Coordinate long-distance trips for Veterans. No. 9 Maintain Baker County Grant Administrator. No. 10 Maintain a Mobility Manager Position. No. 11 Maintain reduced fares, and student passes. Ms. Dutcher added that STIF has a requirement to provide transportation for students in grades 9-12. The program is not looking to take away from the school bus program but offering students transportation for extracurricular activities outside regular school hours. Many of these programs are in place, but they are trying to get kids to utilize them. Commissioner Harvey noted that it is important to advertise what is being offered. No. 12 Baker County to develop a Transit Development and Implementation Plan. She explained that the first step is a study, but it has to be in the plan to get grant funding. No. 13 Install Bus stops and shelters. Commissioner Harvey asked if this portion had to be coordinated with Community Connections because it had to be done at their locations. Ms. Bruland explained that it did not and gave an example of the grocery store corners as a location, but that it has to be in the plan in order to get funding. She continued that the way the plan is numbered is not by priority. She asked the commissioners if they saw anything in the strategies that were either missed or needed revision. Commissioner Bennett responded that the plan was missing Burnt River. Currently, Grant County is covering it, but it is not their area. This leaves Unity and Burnt River with 300 plus people unserved and unrecognized. Ms. Bruland asked how he would like to see them incorporated into the plan. Commissioner Bennett responded to add them under No. 6 Geographic strategy continue to support intercity fixed route service to outlying communities. Ms. Brunland asked for clarification on how the language should look for adding this to the plan. Commissioner Bennett responded that they could add 'Coordinate with Grant County Transportation' since Grant County is currently providing the service. However, if their funding is cut for their Ontario trip, it needs to be recognized, so it is funded if it needs to be. Commissioner Bennett asked if the plan needed to be approved today. Ms. Bruland explained that it was just a public hearing; they wanted to review the plan and receive formal input from the Commissioners, and that is all. The Commissioners thanked them for their time.
c. Technology Department- Standardized Equipment List and Non-Standard Equipment Request Form Approval: Commissioner Harvey asked Ms. Christena Cook if there was any feedback on the proposed documents. Ms. Cook explained there had been feedback from one department head with questions for clarification on the documents. Commissioner Bennett asked if they needed to adopt the list and forms. Ms. Cook clarified that it does not need to be adopted; she is seeking recognition and approval of the process.
Commissioner Bennet moved to approve the Standardized Equipment List and Non-Standard Equipment Request Form. Commissioner Nichols seconded the motion. Motion Carried.
d. Parks- Cultural Survey Permit: The Hewitt Park Vault Toilet Project requires that a cultural survey be conducted at the site location. Oregon SHPO requires a letter of guaranteed funding before granting a permit to survey which is required before a survey can be conducted. Funding is provided through Oregon Marine Board as part of the project. The costs will include $6,700.00 for survey, analysis, and report. If any artifacts are discovered it will include a $125.00 curation fee that goes to OSU.
Commissioner Bennett moved to approve the Cultural Survey Permit Letter of Guaranteed Funding plus potential curation fees. Commissioner Nichols seconded the motion. Motion carried.
e. Road District Discussion: Ms. Kim Mosier recapped the last discussion of new legislation allowing counties to set up a county-wide road district to be its own entity to receive SRS funds and fully fund PILT since it will not be offset. Klamath County is the only county to do this so far. The legislation that enables this went into effect on January 1, 2022. If Baker County moves forward, they will be an early adaptor. Counties that include a lot of federal lands are the most interested. Commissioner Harvey added that 51% of Baker County Lands are federally controlled.
Ms. Mosier drafted three orders referencing some AOC had come up with when they initially put the legislation together, and some Klamath County used. The first order would need to be signed to initiate the process and include a resolution from each city council within the county's boundaries. Within the first order is a draft city resolution that the cities can consider. The second draft order would be signed after a public hearing on the Road District formation. During the public hearing, the Commissioners would need to consider deciding if forming a Road District would benefit all of the territories within the district boundaries. Ms. Mosier would discuss the criteria for that during that public hearing. Then assuming that the county finds the entire county territory within the district's boundaries would benefit from the district, they would sign the order. That order sets a final public hearing. The third draft order is a final order which would finalize the district formation process. The signed final order would be filed with the State notifying them that when the funds come in, there is a separate entity the SRS funds need to go to. Ms. Mosier explained the language in the third order that would form the district. Under paragraph two it states that the Baker County Road Service District is authorized to maintain and improve county roads as defined in ORS chapter 368 in conjunction with and in coordination with lands developed by Baker County Road Department and approved by the board. Ms. Mosier continued explaining that this language's intent is essentially to set up a pass-through entity. This will keep the road department where it is, doing what it does with the funding it has, and then setting up a road service district that would essentially have one source of revenue, the SRS funds, and one expenditure out to the road department. Commissioner Harvey added that there was an exception of the part of the funding that goes to schools. Only the remainder would be sent to the road department. Ms. Mosier agreed that was correct. She continued that she had a meeting with Ms. Christena Cook County Accountant and Ms. Alice Durflinger County Treasurer to start the discussion on how this will look on their end. She has been learning that it will be easy for Ms. Durflinger to distribute the funds that come in for roads into this fund. Ms. Mosier continued that in this order, there is optional language that would allow the Commissioners to set a dissolution date that would require a signed order to continue the district. She reiterated that she put the language there, but it is optional. They don't have to set a date on which it dissolves, but having it in place would allow for a continued conversation on PILT and SRS and what that money looks like coming from the federal government.
Commissioner Harvey asked if it would be best to set the dissolution date yearly. Ms. Mosier responded that the district could be set to dissolve yearly unless an order to extend is signed. Commissioner Bennett added that if it reached permanence, then that Board of Commissioners could set it for a longer period, but at least they wouldn't be locked into it.
Ms. Mosier also discussed the option of a reserve fund for the Road Department, which would be funded through the annual budgeting process from general fund dollars in an amount equal to the average annual allocation of the of forest reserve money SRS funds over the four year period from 2018 to 2022. Commissioner Harvey asked Commissioner Bennett for clarification on the three classifications of SRS funding. Commissioner Bennet responded that number one goes to schools, number two goes to the county but is controlled by the Forest Service, and number three goes to the Road Department. Ms. Mosier explained, as was just eluded to, that section three wouldn't be something drained yearly. The reserve funds would be held until SRS money fail to be allocated, and then the reserve would be distributed to the Road Department. Commissioner Harvey asked if that meant the normal allocation, not the full amount, to hold the reserve still and only take out of reserve the annual amount that they would normally be paying. Ms. Mosier explained that the way it is written the funds would be available for the road department in SRS allocation. Ms. Cook stated that they would only be allocated for one year. Ms. Mosier continued that the draft resolution states that the Commissioners will review the reserve fund annually. For example, if the SRS fund becomes permanent and the reserve fund is no longer needed, it can be reevaluated annually.
Ms. Cook voiced concern about the timing of the reserve fund because of the one to two year delay in PILT money. There will be one to two years where PILT will still be affected by the federal money paid to the road department in prior years. Commissioner Bennett added that it will take a lot of coordination due to how SRS funds have been managed and distributed. Ms. Mosier addressed Ms. Cook's concern by explaining that it is suggested in the language that the intent of the Board of Commissioners for the reserve fund to be fully funded by the first year the county receives federal PILT funding. She explained that if funding is two years out, then it would envision that the reserve fund would be set aside over two years. Commissioner Harvey asked if the money the County receives would go right into the reserve, but not until they get the funding. Ms. Mosier responded that it is currently drafted so that the reserve is fully funded by the first year they receive full PILT. Commissioner Harvey supports setting aside the funding once they receive itCommissioner Bennett added that he feels secure with the flow and intent of the drafted resolution, but that they could always adjust the funding level with a new resolution. Commissioner Harvey stated he is still concerned about starting to fund a reserve they do not currently have the funds to support. Ms. Mosier added that it could be changed to State that the reserve would not be created until full PILT is received. She continued to clarify that in the first year, you see full PILT that the increase in funding should be set aside for this reserve. The Commissioners agreed.
Ms. Mosier explained that if the Commissioners would like to move forward with the process, they need to present to the city councils the concept, proposed orders, and resolution for them to review and possibly pass. Once there is a resolution from each of the cities, then they can set for discussion the formation of the Road District on a commission session agenda. The first order must have a signed resolution from each of the cities.Commissioner Harvey asked for a letter to be sent to each city that outlines the process prior to the Commissioners meeting with that city.
Mr. Nolan Perkins added his thoughts of adding into the language any unforeseen administrative costs within the SRS funds that the costs should be covered by PILT so that SRS funds are not affected. He also added to keep in mind that SRS funding could go away in the future, and if it does not return, it could hurt the road department as the reserve will only replace funding for one year. Commissioner Harvey asked if the reserve would be set aside each year or if it is only for one year. Ms. Cook responded that the reserve is only set aside for one year. Commissioner Harvey explained that he understood it as taking the excess SRS funding each year and building the reserve up over time for insurance for multiple years, not just one. Commissioner Bennett explained that it is to better use the PILT money. The objective is to collect the full SRS and full PILT, and the county general fund would be able to access the entire PILT, but in the first year, the PILT would be paying to set aside a reserve for one year. He continued to address Mr. Perkin's concern that there is no guarantee as new Commissioners could change the plan. Mr. Perkins stated that he understands and thinks it's a good idea as we are all on the same team but wanted to address and keep in mind that this isn't permanent and may need to be discussed in the future. Commissioner Harvey added that he intended to take the extra funding as long as it is received and put it into a reserve fund. He would like to ensure the Road Department has funding for three to four years should SRS funding cease.
The Commissioners and staff continued to discuss potential issues and solutions to how the language is currently written. Ms. Mosier discussed an estimated timeline saying that the formation process would require public hearings with thirty days between hearings.
The Commissioners agreed to start the process and thanked Ms. Mosier and Mr. Perkins.
f. Work Session
1. Tour Courthouse Basement Office Space:
Commissioner Harvey asked Mr. Dan McQuisten, Facilities Director, to give an overview of recent changes in the Courthouse. Mr. McQuisten reported that the Watermaster had vacated their 2,000 square foot workspace on the Courthouse's main floor on September 20, 2022. Since the departure of the Watermaster had been discussed and known in advance, he met with Ms. Christena Cook, County Finance Director, to discuss and plan for the financial impact it may have as they had been paying rent for the workspace. The rent for the space was $26,000.00 annually. The rent amount was not considered as potential revenue for the budget this year because of the notice given, so there will not be a significant financial impact this year.
Mr. McQuisten discussed the potential use of the space that is now available and asked the Commissioners for their input. Commissioner Harvey elaborated on the needs of staff, mentioning the Technology Department and their current needs. He continued to discuss the Old Jail area the Watermaster had been utilizing as storage space. Mr. Bill Lee, Technology Director, had requested, as a possible solution to their needs for more space, that the Old Jail storage room and Technology room be combined by removing the wall separating the areas. Mr. McQuisten expressed his support for creating more space for the Technology Department. He confirmed the need by giving an example of their implementations for housing servers that are serving as alternatives for proper server rooms. He continued that he thinks expanding the space for technology is a must. With the implementations they have made, he does not see a way to move them elsewhere, so expanding the room where they are currently located is the best option. Mr. McQuisten stated that while that is the best option, other departments have also been utilizing the space for secure storage, so where to move the items housed in that unit will need to be addressed. Commissioner Harvey suggested and inquired about the opportunity of using another room in the basement that is secure with one door and asked Mr. McQuisten if it would accommodate the storage dilemma. Mr. McQuisten responded that the area in question the planning department currently occupies is about 750 square feet and is not conducive to how they need to conduct business but has been the only space available to them. He continued that moving the planning department to the office space that the Watermaster vacated would increase their work area and open space they are using now for storage.
Mr. McQuisten stated that the last point he wanted to discuss was the general timeline and whether the Commissioners had a goal for time. Commissioner Harvey responded that ideally, remodeling would be completed before people move into the office space. He asked Mr. McQuisten to finalize his thoughts on paper for the Commissioners and stated the timeline would have to correspond with when Mr. McQuisten can fit the projects into his current schedule. He emphasized that due to Mr. McQuisten's schedule, there is no specific timeline or timeframe in which the project needs to be completed, as long as it is complete before people move into the space. Mr. McQuisten mentioned that during some of the remodeling, there would need to be temporary housing for the items in storage or the planning department. Commissioner Harvey suggested he check to see if the State Watermaster had moved records out of the County storage building space, which could serve as temporary housing during the remodeling process for our records in storage. Commissioner Bennett agreed with what had been discussed and asked for Mr. McQuisten to develop a more finalized plan to bring to the commissioners. He also added that the Museum roof is of a higher priority at present but to fit this project in as his schedule allows. Commissioner Nichols agreed that other projects are of high importance at the moment, and reprioritizing this project is not necessary.
6. Documents to be Signed
a. Resolution No. 2022-1021 Transfer within the Emergency Management Department of the County General Fund.
Commissioner Bennett moved to approve Resolution No. 2022-1021. Commissioner Nichols seconded the motion. Motion Carried.
7. Ratification of Documents
a. Financial Reports: C52, C42, C53, and the August Treasurer’s Report.
Commissioner Bennett moved to approve the aforementioned financial reports. Commissioner Nichols seconded the motion. Motion carried.
8. Other Business:
a. Vietnam War Memorial Fund Donation Request Approval: Commissioner Harvey reported that the Oregon Vietnam War Memorial Fund is seeking donations. They have requested a donation and have listed other counties and what they have donated. The Commissioners discussed and considered the request and determined that a $2,500.00 donation would be reasonable.
Commissioner Bennett move to approve a donation to the Vietnam War Memorial Fund for an amount of $2,500.00. Commissioner Nichols seconded the motion. Motion carried.
b. BLM Introduction ~ Joe Aragon:
Commissioner Harvey introduced Joe Aragon, Local BLM Office Manager. Mr. Aragon thanked Commissioner Harvey. He mentioned that Wayne Monger, BLM District Manager, would like to come and visit during the next commission session.
Mr. Aragon reminded everyone about the upcoming National Public Lands Day that will be held at the Spring Rec, where everyone is welcome. The event will have the local Boy Scout Troup from Keating, and they will be doing clean-ups and repairs.
Mr. Aragon specifically wanted to thank Commissioner Harvey. Commissioner Harvey emphasized what they did and explained that BLM was rewriting their national resource plan, and the Commissioners asked for the opportunity through their coordination process to compare our National Resource Plan with theirs. Which they were able to accomplish.
Commissioner Harvey asked Mr. Aragon to discuss the plan for the vacant property behind the BLM's current storage compound. Mr. Aragon elaborated that the BLM is looking at utilizing the property referred to as the south ware yard to build and provide firefighter barracks.
Commissioner Harvey mentioned that they are currently working with BLM staff to potentially provide funding to be involved in forest restoration projects on Hunt Mountain Road. Commissioner Harvey and Mr. Aragon have discussed the possibility of the BLM purchasing the part of the Hunt Mountain Road property that the County currently owns to combine it with the property that the BLM already owns. They have also discussed the possibility of logging projects, particularly in the Lookout Mountain area. This would help when responding to lightning storms in the area. Mr. Aragon added that there is also a beetle issue that needs to be addressed. Mr. Aragon will return to session next month to provide the Commissioners with a more complete update.
c. Commissioner Update:
· Commissioner Harvey reported that all of the Commissioners attended the AOC District meeting on September 19th. He will continue the work out at the parks in Richland.
· Commissioner Bennett reported that he will be in John Day on September 22nd representing Baker County the State of Oregon Counties with the Department of Land Conservation Development. He will be testifying to the legislator regarding this issue. He has also been invited by NACO to speak at the WIR on fires representing the county perspective on October 6th. He also wanted to mention that they have entered into an agreement with NEOEDD on the broadband issues. The purpose is to give the opportunity to anyone in the County to have access to quality internet service with competition to lower pricing. He also reported that he has received questions relating to a private road on Lookout Mountain that has been closed. This is not a County road and is regulated by the private landowner.
· Commissioner Nichols reported that he will be attending a drought committee meeting on September 22nd.
d. Comparison of Calendar
9. Adjournment
The September 21, 2022 Commission Session adjourned at 11:05 a.m.
Respectfully Submitted,
Erin Linan
Management Assistant
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