Commission Session Minutes

 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 October 5, 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




Commissioner Harvey moved to adopt the agenda as presented.  Commissioner Nichols seconded the motion. Motion carried.





3.      Citizen’s Participation


a.       None


 


4.      Review/Approval of Minutes


a.       September 21, 2022 Commission Session Minutes


Commissioner Bennett moved to approve the September 21, 2022 Commission Session Minutes with changes. Commissioner Nichols seconded the motion.  Motion carried.


 


5.      Scheduled Business


a.       BLM Introduction ~ Wayne Monger, District Manager  


              Mr. Wayne Monger, BLM District Manager for Vale, was present to give an update on the BLM. He was accompanied by Mr. Joe Aragon, BLM Field Office Manager. Mr. Monger has been in his position for one and a half years. His land management district includes all of the east side of Oregon, from McDermitt at the Nevada border to the Washington border and then up to the Idaho border, which includes 5.1 million surface acres and about 3.3 million subsurface acres.


             Mr. Monger reported the Malheur Field Office Manager, Pat Ryan, will be retiring, so there will be an open position soon. When Mr. Monger began in his position, there was a 40% vacancy, and currently, they are down to a 35% vacancy. They have slowly been working to fill vacancies and further decrease the percentage. 


            Commissioner Harvey discussed projects such as the Baker Heritage Museum and Oregon Trail Interpretive Center transition. The transition to integrate the two entities while the Interpretive Center is under construction has been very successful. Both parties agreed it has been a positive relationship that has opened many opportunities. Commissioner Harvey would like to work on establishing a transportation service between the two facilities once the remodel at the Interpretive Center is complete in order to promote both museums to visitors as they are so intricately linked with their history. Mr. Monger expressed he is in favor of continuing their integration to create a seamless experience for visitors at both facilities. Commissioner Nichols and Commissioner Bennett also agreed. Mr. Aragon added that the relationship has also been an excellent opportunity to expand on events between the two entities that can continue to grow. Mr. Monger said they hope construction will be completed by April or May next year.


            The Commissioners expressed their gratitude for their relationship with the BLM. They thanked them for their support with other departments and projects, such as the Sheriff’s Office, Weeds, fire, and sage grouse.  


 


b.      Contract Review Board


1.      Baker County Fair Update and Fairgrounds Capital Improvement Grant Agreement:                         Mr. Gratton Miller and Ms. Angela Robb, Administrative Office Manager of 2600 East Street, Baker City, were present to give an update on the Baker County Fair.


                    Mr. Miller reported that they did not take any sponsorships for the Fair this year. They did have a donation of flowers and plants for the Fair from the Succulent Hub and from Eagle Cap Nursery. Twelve vendors attended the Fair offering various goods and services, such as food & drinks, apparel, and information. Almost all were from Baker County. There were 152 market animals in the 2022 Baker County Fair Auction, with a total sale value of $437,987.63. There were two entertainers who brought in a greater turnout than previous years.


                    They have recently hired Mr. Miller as an Administrative Program Assistant and Mr. Dustin Hillman as a part-time maintenance technician.


                    The goal for next year is to add a rodeo to the first weekend, expand their sponsorships and hold a concert at the end of the Fair. They also plan to reach out to more vendors to increase the number for larger turnouts.


                    Commissioner Bennett mentioned that the Fairgrounds Capital Improvement Grant Agreement #C2022524 for $277,777.00 needs approval.  The agreement is with the State of Oregon Business Development Department.  Funds must be expended by May 4, 2025.  The Fair plans to use the funds for new fencing around the perimeter of the fairgrounds including the rodeo grounds, the 5-acre lot and the parking lot at Leo Adler.   


 


Commissioner Bennett moved to approve the Fairgrounds Capital Improvement Grant Agreement for $277,777.00. Commissioner Nichols seconded the motion. Motion carried.


                    Commissioner Bennett explained that they may have to front some of the funding for projects that they are ready to begin and be reimbursed later as they have done in the past. Ms. Heidi Martin added that the agreement states that it will provide 20% of the funds, which is about $55,000, once the agreement is approved with the remaining funds provided on a reimbursement basis.    




2.      DA: Karly’s Law Agreement with St. Alphonsus Medical Center: Zach Allen, PA-C with St. Alphonsus Medical Center is the Designated Medical Professional for any Karly’s Law cases in Baker County. $6,000.00 is budgeted for the 2022-23 fiscal year to pay St. Alphonsus Medical Center for services provided by Zach Allen, PA-C. 


 


Commissioner Bennett moved to approve the Karly’s Law Services Agreement with St. Alphonsus Medical Center for $6,000.00 for services provided by Zach Allen, PA-C. Commissioner Nichols seconded the motion. Motion carried.


 


3.      Road Department: Asphalt Purchase Approval: Mr. Nolan Perkins, Road Master was present to discuss the asphalt purchase approval. He reported that Baker County has a Sole Source Provider Order for Roger’s Asphalt for FY- 2022-23. However, High Desert Aggregate is operating an asphalt plant closer to the paving project in Grant County which will significantly reduce the cost of the project to pave Saw Mill Gulch Road.

Commissioner Bennett moved to approve the purchase of up to 500 tons of hot mix asphalt from High Desert Aggregate. Commissioner Nichols seconded the motion.  Motion carried.


 


4.      Road Department: Roller Purchase Approval: Mr. Ryan Davilla, Fleet Manager was present to discuss the roller purchase approval. He reported that the Road Department is currently renting a roller from Western States for a weekly rate of $2,200.00 due to the current 1993 Ingersoll Rand DD110 roller engine failure. After receiving three bids on comparable rollers they would like to purchase a 2018 Cat CB64 from Western States Equipment with 500 hours for $88,662.00. Included in Western States Equipment’s bid is reimbursement of rental charges accrued for renting the roller. Commissioner Nichols asked how much it would cost to repair the engine on the current roller. Mr. Davilla explained that parts alone would cost around $12,000.00. He continued that it could also take over a month to complete the repair. They do plan on auctioning the 1993 Ingersoll Rand DD110 roller next year.


Commissioner Bennett moved to approve the purchase of a 2018 Caterpillar CB64 Vibratory Drum Roller from Western State Equipment for $88,662.00. Commissioner Nichols seconded the motion. Motion carried.




5.      Road Department: Ironworker Purchase Approval: Mr. Davilla reported that the Road Department is in need of an ironworker for projects that need to be completed as deemed necessary by ODOT’s Cascadia event such as reinforcing Baker County bridges. An ironworker is an essential addition to the metal fabrication shop and can quickly shear off oddly shaped pieces of metal which will reduce labor costs. They would like to purchase a Scotchman Ironworker 9012-24M from Judy Welding LLC for $20,000.00. Commissioner Nichols asked why there was such a great difference in the price quotes they received. Mr. Davilla explained that the machine from Judy Welding LLC is used, the others are new, and that the used machine would also come with attachments not included with the new machines.


Commissioner Bennet moved to approve the purchase of a Scotchman Ironworker 9012-24M from Judy Welding LLC for $20,000.00. Commissioner Nichols seconded the motion. Motion carried.


 


6.      Road Department: Fog Seal Oil Purchase Approval: Mr. Perkins reported that the Baker County Road Department has a sole source provider with Albina Asphalt for 50% dilute oil as they have the high float oil that is proven to be that of quality and durability for chip seal and fog seal projects. Idaho Asphalt, Inc. has a rapid set oil Quickseal 30 that is different from than the fog seal used in projects in the summer months. The rapid seal product contains an additive that sets faster, which is ideal for use in fall and winter because it requires the oil to set faster due to the cooler weather. They would like to purchase the Quickseal 30 oil to seal asphalt millings (recycled asphalt) on Neil-Peck Ln #734 and Haines Cemetery Ln #694 for $22,200.00.


 


Commissioner Bennett moved to approve the purchase of Quickseal 30 oil from Idaho Asphalt, Inc. for $22,200.00. Commissioner Nichols seconded the motion. Motion carried.




7.      Health Department: IGA with Malheur County for Environmental Health Services and Resolution No. 2022-1022 Fees Established for Foodborne Illness Prevention Program (FIPP); Requirement of Intergovernmental Agreement with Malheur County:


                    Commissioner Bennett gave an overview of the IGA with Malheur County for Environmental Health Services. Baker County was notified about three months ago that Malheur County could no longer provide environmental health services for the County. Malheur County has been Baker County's environmental health services provider since 1992. Ms. Meghan Chancey, Health Department Director, and himself pursued multiple options. One was to hire our own environmental health professional; the issues faced when exploring this solution were the environmental health professional shortage and the cost of about $200,000.00. They also considered contracting with the state and found that it would cost more than renegotiating with Malheur County. Commissioner Bennett added some benefits of staying with Malheur County, such as quick or short notice timing accommodations and their established relationships with businesses. He continued that they fully understand Malheur County's inability to continue service to Baker County without reevaluating their rates and that it was just a matter of business. They also spoke with Umatilla County and discovered they had higher rates than what was negotiated with Malheur County. He concluded that they have increased fees, but instead of a sudden massive increase, they have agreed to an annual 2% increase. Malheur County felt that the 2% increase would be adequate to cover fuel, salaries, training, and licensing increases. Commissioner Bennett wanted to acknowledge that the fees have increased, they attempted to keep them as low as possible, and this is the best deal they could negotiate.


                    Commissioner Harvey stated that the new fee schedule goes into effect on October 1, 2022. He thanked Commissioner Bennett, Ms. Chancey, and Ms. Martin for their hard work in accomplishing this. Commissioner Bennett added to thank Ms. Kim Mosier, Baker County Counsel, for preparing the agreement and Malheur County.




Commissioner Nichols moved to approve the IGA with Malheur County for Environmental Health Services and Resolution No. 2022-1022 Fees Established for Foodborne Illness Prevention Program (FIPP); Requirement of Intergovernmental Agreement with Malheur County. Commissioner Bennett seconded the motion. Motion carried.




8.      Emergency Management: IGA No. 177492 Pass Through Grant Agreement for Eastern Oregon Regional Medical Reserve Corp (EORMRC) Services: Mr. Jason Yencopal, Emergency Management Director, was present to discuss IGA No. 177492 Pass Through Grant Agreement for EORMRC services. Mr. Yencopal reported that the Healthcare Coalition HCC in Region 9, made up of Morrow, Umatilla, Wallowa, Baker, and Malheur Counties, receives a portion of funding from the Oregon Health Authority. The regions have chosen to pool their funding to support the EORMRC, which is what this grant is. Included in the grant this year is $5,000.00 from Region 6 which includes Hood River, Wasco, Sherman, and Gilliam Counties, and $5,000.00 from Region 9 for hiring a consultant to write a chemical response plan for both regions.


                    Commissioner Harvey asked for further clarification on the EOMRC and its purpose. Mr. Yencopal explained that the EOMRC began about four years ago and was based out of Morrow County for events such as the solar eclipse and Point of Distribution (POD) exercises, where they use trained medical volunteers throughout the state such as retired medical professionals that have retained their licensure at those events in case of a medical emergency. They also recently purchased response trailers to travel to places like Unity during events such as the solar eclipse to provide medical resources that would otherwise not be available and triage if necessary. They range from basic EMS to physician volunteers and provide them with training for local, state, and national responses.


                  Mr. Yencopal explained that the grant is for $59,020.00. $5,000.00 from Region 6 and $5,000.00 from Region 9 will go towards EOMRC, and the remaining will go towards the Medical Reserve Coordinator’s salary, hired on October 1, 2022, and travel. The grant needs signature ratification.




Commissioner Harvey moved to ratify Commissioner Bennet’s signature for the IGA No. 177942 Pass Through Grant Agreement for Eastern Oregon Regional Medical Reserve Corp Services for $59,020.00. Commissioner Nichols seconded the motion. Motion carried.




9.      Sheriff Department: ATV Bid Approval: Sheriff Travis Ash was present to discuss the ATV bid approval. He reported that the Baker County Sheriff’s Office Search and Rescue was awarded a grant through Oregon State ATV Program to purchase a Can-Am side-by-side to transport SAR members, victims, and patients. After receiving three bids on comparable side-by-sides they would like to purchase a 2023 Can-Am Commander side-by-side for $27,895.00 from Cliff’s Saw and Cycles.



Commissioner Nichols moved to approve the purchase of a 2023 Can-Am Commander side-by-side from Cliff’s Saws and Cycles for $27,895.00. Commissioner Bennett seconded the motion. Motion carried.




10.  Sumpter Valley Dredge Tailings Lease: Commissioner Harvey reported that there is still information missing on the Sumpter Valley Dredge Tailings and he would like to table the conversation until the next Commission Session.


                    Ms. Kim Mosier added comment that she has reviewed the ordinance that relates to the mineral lease agreements and there is an application that needs to be filled out. The Applicant or Lessee will need to ensure it is completed before it comes to the Commissioners.  


 


c.       Opioid Settlement Distribution Discussion: Ms. Kim Mosier gave an overview of the Opioid Settlement. She reported that about a year and a half ago they began discussing a Nationwide Opioid Settlement. Some counties and cities in Oregon participated in the litigation and settlement was reached nationally. Oregon reached a decision after negotiation to send the funds directly to the counties and cities instead of going through the state. Ms. Mosier explained that the funds will be dispersed in three payments over three years. The amount for each payment is around $30,000.00. The County has received the first payment and is being held until decisions are made on where it should be spent. Each year the funds need to be used in a way that is consistent with the settlement agreement, so essentially they have to be used to combat some effect of opioid use disorder. There is an extensive list of ways that that can be done. Examples would include direct treatment of citizens in the County, or transportation to and from treatment, training, prevention, mitigation, etc. Ms. Martin sent emails asking the Departments that see the effects of opioid use disorder in our community that could most logically use the funding like the Health, Sheriff, Juvenile, Jail, Parole and Probation, and Emergency Management departments to submit proposals for use of the funds. Ms. Martin discussed the proposals of the departments that responded. The Sheriff’s Office submitted a proposal for a TruNarc handheld narcotics analyzer and training for approximately $30,000. The TruNarc is able to detect about 500 substances such as narcotics, stimulants, depressants, hallucinogens and analgesics on surfaces such as mail in real time. Which could help reduce accidental exposures to harmful substances. The Health Department also submitted a proposal for training and Narcan kits for $2,700.00.


              The Commissioners discussed some possibilities of how the funds should be spent and also considered the current proposals. The consensus from their discussion was to have the Sheriff, Health Director, and the Juvenile Director meet and come back with more accurate budgeting and proposals. They requested to have Ms. Martin send out a second request for proposals.


 


6.      Documents to be Signed

                                                                 


a.       Order No. 2022-140 Appointing Bruce Nichols (County Governing Pool), Shannon Downing (Non-office Holding Pool), and Melissa Hertel (Non-office Holding Pool) to the Baker County Board of Property Tax Appeals with a term set to expire on June 30, 2023. 


Commissioner Bennet moved to approve Order No. 2022-140. Commissioner Harvey seconded the motion. Motion carried.


 


b.      BCEM Fire Division: National Fire Week Proclamation:


              Mr. Gary Timm, Fire Division Manager, was present to discuss the National Fire Week Proclamation. He reported that every year in early October is National Fire Prevention Week, and this year it is October 9th -15th. He appreciates the Commissioners acknowledging National Fire Prevention Week. This year, Baker, Grant, and Malheur Counties experienced close calls with home fires.


              The National Campaign is to bring attention to the Great Chicago fires. He continued to explain that fires burn very fast, and by the time the smoke alarms sound, there are approximately two minutes to escape. This year's campaign theme is 'Fire Won't Wait Plan Your Escape'. Part of this effort is to encourage Baker County residents and people traveling to Baker to remember the importance of knowing two ways out. They encourage families around the County to have a meeting place. He urges families during fire prevention week to think about their timing, exits, and meeting places. Commissioner Harvey suggested testing fire alarms and reminding children regularly. Commissioner Harvey continued to remind everyone that this is the third Courthouse in Baker County; the first two burned down.


              Mr. Timm gave an update on the activities they are currently involved in with the schools. They are planning a coloring contest for all the schools in the County, including Baker City, Unity, Keating, and Haines. North Powder has also joined. First through Third graders will be able to participate; three winners will get to ride the fire engine in the Christmas parade.


Commissioner Bennett moved to proclaim National Fire Prevention Week as October 9th – 15th, 2022. Commissioner Nichols seconded the motion. Motion carried.


 


 


7.      Ratification of Documents


 


a.       Financial Reports: C41, C43, C44, C45, C47, C46, C54, C55, and the August Revenue/ Expenditure report. 



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


 


 


8.      Other Business:


a.       Commissioner Update:


·         Commissioner Harvey reported that he will attend the Western Interstate Region fall meeting for NACo on October 6th. He will also be attending the NEO Housing Authority meeting on October 18th. Commission Harvey added that he is continuing his work at Hewitt Park. He was able to get the foundation stem walls poured yesterday, and he will be backfilling and setting on Monday to pour the foundation on Tuesday. He will then be back to begin the framing.


·         Commissioner Bennett reported that he testified at the Land Conservation Development Commission meeting, and as a result of his testimony, along with others, they withdrew their proposal for LCDC. He is still working with presiding officers on the mapping, which should be completed this spring. He reported that he has a commitment from the State Forrester that the counties will be involved, and the Governor has committed to the same. He has another meeting regarding the topic on October 7th. He will also attend and present at the NACo WIR fall meeting on October 6th. He continues working on putting forward approximately $100 million dollars for wildfire mitigation.


·         Commissioner Nichols reported that he attended the NEODD- Comprehensive Economic Development Strategy update on September 29th. It was decided that the strategies were too elaborate and not a lot had been accomplished, so they condensed them into two or three smaller strategies. They have hired the University of Oregon to handle the work. They also approved the budget for the upcoming year for the NEODD. He will also attend the NACo WIR meeting on October 6th. On October 11th, he will attend the Museum meeting in the morning and the District 5J Bond Oversight Committee meeting discussing the Middle School that evening.


·         Commissioner Bennett reported on the $6.5 million awarded to Baker County. He explained that it would come in two payments, and the first $3.25 million payment has to be allocated by January, and the first payment will be available approximately next week. The funds will come to the County and result from a lot of work from various County Commissioners who testified to senators about the need. The funds are not PILT funding but are for general operations. He will meet with Ms. Heidi Martin, Human Resources Director, and Ms. Christena Cook, County Accountant, soon to put together plans to discuss how to allocate the funds.




b.      Comparison of Calendar:




9.   Adjournment


The October 5, 2022 Commission Session adjourned at 10:45 A.M.


 


 


Respectfully Submitted,


 


Erin Linan


Management Assistant