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 November 2, 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: Employee Contract Extension (See Contract Review Board)
Commissioner Nichols moved to adopt the agenda with changes. Commissioner Bennett seconded the motion. Motion carried.
3. Citizen’s Participation
a. None
4. Review/Approval of Minutes
a. October 19, 2022 Commission Session Minutes
Commissioner Nichols moved to approve the October 19, 2022 Commission Session Minutes. Commissioner Bennett seconded the motion. Motion carried.
5. Scheduled Business
a. Planning Department Update ~ Holly Kerns, Director
Planning Director Holly Kerns was present to give a department update. She reported on permit application volumes. The pandemic for many planning and building departments has coincided with an application demand that has remained high over the last few years. Application volumes for this year are lower than in previous years but significantly higher than in pre-pandemic years. For comparison, this year, their application volume was 51% higher, and last year 68% higher than the volume in 2015. Application volume has grown steadily every year.
In combination with application increases, the department has experienced staffing challenges. Ms. Kerns wanted to give recognition to staff that has taken on additional job duties outside of their own and extra hours to keep the department going as they experience staffing shortages and work volume increases. Commissioner Harvey added that the community of contractors has also struggled to find staff, supplies, and opportunities to fulfill those orders. It has been difficult for everybody across the board. He continued that they understand that the shortfall of help in Ms. Kern's department can also create delays in other functions for contractors. He thanked her for the hard work that the staff is doing, but the struggles are across the board. Ms. Kerns agreed it is exacerbated by instability in the financial market and disruption in the supply chain. Many things have made building more difficult, but people's confidence in the market seems to remain strong based on application volume.
In 2020 Baker City's population surpassed the 10,000 mark, moving Baker City's size categorization from small to medium by state definition. As a result of the increased population and size recognition, there are new requirements for recording, development code updates, and required housing analysis. Significant project time has been devoted to meeting these requirements. The change has been positive for the City, as we have been experiencing a housing crisis for the last few years. Last year the council adopted a housing needs analysis, which will be about a two-year project that will break down the needs of housing over the next twenty years based on Baker City's demographics and projected population growth.
Ms. Kerns discussed a housing production strategy project, another two-year project they are currently working on. This project focuses on policies that will help encourage the type of housing Baker City will need now and over the next twenty years. There is currently a housing shortage and a huge demand for all kinds of housing. In response to demand, they have seen the private market providing single-family homes and a number of townhomes. Ms. Kerns stated Baker City had not permitted a townhome until over the last few years and is currently at thirty-nine. They also recently approved an apartment complex, the first in Baker City they have seen in approximately the last twenty-five years. They have also seen applications for accessory dwelling units, a small house on the same lot as the primary home. Commissioner Harvey asked if the codes had changed for accessory dwelling units as they had not been allowed in the past. Ms. Kerns explained that in the City and residential areas, the code has always allowed it. However, it is not permitted in the County, but she believes it is starting to shift at the state level, and there might be opportunities in the future. They anticipate completing the housing production strategy project in May.
Other projects include the North Baker Transportation Improvement Plan and the Boardman to Hemmingway (B2H) project. Commissioner Harvey inquired about the B2H project and landowner compensation. Commissioner Bennett responded that he, with the help of Ms. Heidi Martin, Executive Assistant, set up a meeting with Mr. Martin, the County Attorney for this project, and all of the landowners along the route as an option for further clarification on what the County is doing. They have also had many follow-up discussions on the topic. Commissioner Bennett continued to explain if they are interested in engaging with Intermountain Law or another firm, they are encouraging it, and the discussion is underway. Commissioner Harvey added that the County is a land owner involved as well. Commissioner Bennett continued that activities that would be conducted within the sphere of the power line corridor are restricted, such as the County's if they were going crush or blast. The impact goes beyond visual or within that corridor. The insurance company informed them that even a quarter of a mile away and even though you are not within the corridor, a blast could throw a rock and hit a tower. There is a large discussion with the Roadmaster, Mr. Martin, and Commissioner Bennett on the topic. Commissioner Bennett is anticipating it being a long, drawn-out process.
Commissioner Bennett complimented the planning department. He discussed the planning department losing another planner recently due to a lack of housing. He discussed visiting three businesses within the last two days with an apparent lack of employees and one in which the manager apologized for the lack of staff. Commissioner Bennett expressed how important it is for the cities and counties to collectively work as hard as possible on the housing crisis. He has been working with Senator Findley and the Governor’s Office to find housing funds for the Pine Eagle School District who are having a difficult time hiring teachers because of the lack of housing. It is important to reflect that it is affecting all sectors of our County, and he wanted to thank the Planning Department for their work. Commissioner Harvey thanked Ms. Kerns for her time.
b. Weed Department Update ~ Jeffrey Pettingill, Weed Supervisor
Jeffrey Pettingill, Weed Supervisor, was present to give a department update.
Currently, the Department has only one full-time employee and one seasonal employee. They have an advisory board that helps Mr. Pettingill accomplish various duties of the weed department, such as outreach education. Board members include Bruce Hummel- Vice Chair, Craig Ward- Chairman, John Wirth- Medical Springs Representative, Kent Justice- Keating Representative, Kathy Thompson- Durkey Valley/Unity/Huntington Representative, Dave Clemens- East Baker County Richland/Halfway Representative, Cynthia Long- Western Heights & HOA Representative, Shella DelCurto- Pine Eagle Representative, Marty Harriman- Pine Eagle Representative, Commissioner Bill Harvey, Wade Simpson- Sumpter Representative, and Jon Woolard- North Baker County Representative. He thanked his board for their efforts that help him run the Department. He also informed the Commissioners that two Board members, Don Foster and Bob Colton, have resigned from the Board this year.
Finding staff has been a difficult task for many departments. The hopes for the seasonal employee are unique in that they would work for the weed department and a local contractor. Mr. Pettingill expressed that when he has to lay off the seasonal employee, the hope is that they will work for the contractor until needed again in the spring. Currently, the seasonal employee is working on passing a pesticide exam.
The herbicide giveaway program is still in place, and they closed it for the season last week. Before Mr. Pettingill began in his position, the herbicide giveaway program was only in three communities once per year. Last year they increased the giveaway program to monthly in the small communities and every other week in Baker City.
The herbicide program works very well as an outreach education opportunity for other programs, such as the cost-share program. Approximately 10% of the herbicide giveaway participants are converted to the County cost-share program. They have $12,000.00 budgeted for the program, which has been used to match OWEB and Oregon Department of Agriculture grants. The Cost-share program matches up to $500.00, which covers about thirty acres of herbicide. The program has grown as more learn about it. For example, the Durkee area has grown from treating about ten acres to seventy acres of noxious weed and invasive grasses for five landowners. Currently, one of their contractors is treating the Durkee area. Commissioner Harvey added that the goal was to grow their program, and the only way was to have others helping spray as they couldn't cover all of the areas alone.
Mr. Pettingill reported that the Weed Department has one four-door pickup and a roadside F-450 truck. The flatbed truck has a large tank and pumper system and is equipped with a five-hundred-gallon tank for spraying roadside and a pump motor capable of spraying up to thirty feet. Mr. Pettingill has customized all the trucks with an onboard boom system, which are computers to track where they have sprayed. He has also built a three-hundred-gallon slide-in sprayer that can slide into the back of either one of the one-ton pickups to spray roadside or tethered to an ATV or UTV.
Last year they worked with the Road Department to switch all of their bare-ground sterilant applications along the asphalted roads to a fall treatment. They did receive some negative feedback due to the weeds being out of control. He explained that the weather affects the process, so it can be a seasonal issue making it difficult to find the right conditions to complete. They must wait for moisture before completing, as spraying sterilants on dry shoulders is not the best use for those chemistries. They have also decided to treat all broad weeds, covering some more nuisance weeds. This will help the Road Department regarding what they have to mow and will be less damaging to their equipment. Mr. Pettingill mentioned that a new invader is also coming in called Marestail.
The Weed Department had a $47,000.00 agreement with BLM, and this year the agreement was for $70,000.00. He anticipates that the agreement could be up to $100,000.00 next year due to the BLM receiving $250,000.00 from the Infrastructure Bill from Congress. They plan to implement that into a lot of the work going into the field. The work will start with treating Hoary Alyssum, Hoary Cress, Scotch Thistle but most will go towards invasive annual grasses such as the Medusa Head, Cheatgrass, and Ventenata. In that, they will attempt to rehab some of the sage grasslands. This can be tied into the OWEB Grants and is not work they do per se but hiring helicopters to go and treat it. BLM is in charge of working with the Ranchers as they must keep livestock off the ground for at least three to five years to rehab the land.
Mr. Pettingill discussed other funding streams, such as their loaner equipment program. This includes the two-hundred-gallon sprayers purchased through OWEB Lottery Funding. The equipment is rented out to individuals for personal use. He hopes to have a credit card machine in place to help with payments. He explained that a credit card machine is important to their current and future projects and would also allow them to work with the Forest Service, who uses a credit card to pay for small projects.
Recently, the Forest Service purchased a twenty-eight-foot self-contained portable wash station with a diesel generator, hot seat steam cleaner, and recycling tanks for $5,000.00. Mr. Pettingill retrieved the wash station from Salmon, Idaho, which will be kept at their office and allow them to wash fire equipment for EMS, BLM, Forest Service, or anyone providing fire services in the County. They will also use it for outreach and education.
The Weed Department's budget this year was a little over $760,000.00. Approximately $125,000.00 of their budget is from levy and general funds. The remaining portion of their budget is from grant money, and the majority is from Sage Grouse money through OWEB. They also have three Oregon Department of Agriculture grants, two of which are the Haines Hoary Alyssum. They also received funding to purchase another ATV, which they will use to work for the railroad, irrigation companies, and small cities. Then the BLM, through OHB, gave them money to purchase materials to build a sprayer to put on that ATV. This will make it so they have two ATVs that are operational. Commissioner Harvey clarified that tracks were added to one of the ATVs so they could go over the dredge tailings without destroying the land.
Future goals that Mr. Pettingill has for the Department include a full-time employee who can help him with accounts receivable/accounts payable, GIS, all office work, and also help with late season applications. He explained that one full-time employee could replace the 2-3 seasonal employees they have trouble finding. Another goal is to obtain a vehicle not equipped with the sprayers and tanks when they need to travel for tasks that do not involve spraying. They would like to build and culture stronger relationships with the Forest Service, Oregon Department of Fish and Wildlife, Oregon Department of Transportation, and Idaho Power. Lastly, he would like additional general funding to support the Department as it grows.
Mr. Pettingill mentioned that the Weed Bond was cut and would like to see it return to what it has been. Commissioner Harvey stated he had not heard of this. Commissioner Bennet interjected that this was a misunderstanding and that the bond had not been cut. He added that the issue correlates with compression and Measure 5, a lengthy constitutional topic that is a discussion in itself. Commissioner Nichols included that it probably would be at most the cost of approximately $1000.00. Mr. Pettingill expressed that even so, he would like to keep it on the upper side than on the lower side. Commissioner Harvey suggested that the topic be visited at a later date.
Commissioner Bennett complimented Mr. Bruce Hummel, Weed Board Vice Chair, for his observation and recommendation on the Weeds Canary Grass. They are trying to stay on top of it by eating into the ground, burning it, and then spraying it with round-up.
Commissioner Harvey thanked Mr. Pettingill for his time.
Public Comment: Mr. Bruce Hummel, Weed Board Vice Chair, North Powder, OR. Mr. Hummel reported that he interacts with Mr. Pettingill monthly and sometimes more often. He expressed support for a full-time employee for the Weed Department. Mr. Hummel explained that Mr. Pettingill's task list is nearly impossible to accomplish and when he gave his presentation, he used the term 'we' a lot, but that 'we' was just Mr. Pettingill.
He wanted to emphasize a few topics:
1. Landowner outreach. One of the challenges for the war on weeds was funding, and it has changed where there is funding available for land owners. Many landowners have yet to get involved in the process for many reasons. However, they participate when Mr. Pettingill can reach out, speak with them, and help them get started. This process of getting landowners involved takes time.
2. There is a need for continuing education. For example, a landowner citizen attended one of their board meetings and listed off ten chemicals that were supposed to be magic bullets. Mr. Hummel witnessed Mr. Pettingill writing the names of the chemicals down, but researching to be educated on them to suggest them to landowners takes much time.
When Mr. Pettingill steps into one role, it takes him out of another that also needs his attention.
3. There is a need for more private contractors in Baker County. Recruitment of contractors could significantly help the war on weeds, but it also takes much time.
Mr. Hummel reiterated that Mr. Pettingill's list of things to do is longer than the hours in his day.
Commissioner Harvey suggested having Mr. Hummel return in the Spring when they have the budget discussions. He explained that the Weed Board could discuss and bring forward a formal recommendation at that time as it is now the middle of the fiscal year, so they cannot do much. Mr. Hummel agreed.
Mr. Hummel thanked Commissioner Harvey and Commissioner Bennett for their service to the County, as their terms will end soon.
c. Contract Review Board
1. Sage Grouse Local Implementation Team: Amendment to the Professional Services Agreement with David Evans and Associates: Ms. Kerns interjected the discussion to inform the Commissioners that after discussion with Morgan Solomon that it is her understanding there was a request from David Evan and Associates to make a second amendment. She apologized for any gap in communication and requested to pull it from the agenda.
Commissioner Bennett moved to table the discussion until the December 7, 2022 Commission Session. Commissioner Nichols seconded the motion. Motion carried.
2. Road Department: Chip Rock Purchase: Mr. Perkins reported there is a unique situation on the Granite Mountain Project for Grant County and that the Baker County Road Department would like to purchase 1,750 tons of 3/8” chip rock from 4-R Equipment, LLC at $18.05 per ton. 4-R Equipment has included 3,000 tons of chip rock at no charge in exchange of the use of the Baker County Road Department rock pit. 4,750 tons of chip rock is sufficient to chip seal all paved roads in Sumpter Valley.
Commissioner Bennett moved to approve the purchase of 1,750 tons of 3/8” chip rock from 4-R Equipment, LLC at $18.05 per ton for a total of $31,587.50. Commissioner Nichols seconded the motion. Motion carried.
Discussion: Mr. Nolan Perkins, Roadmaster, updated the Commissioners on their employment situation as they have been looking for a mechanic for over a month. They have had one application, and the applicant denied their interview. They are unable to match the compensation elsewhere. Commissioner Harvey stated that is the reality throughout the County’s Departments. Mr. Perkins acknowledged that it is happening elsewhere, but it will have to be addressed somehow. Commissioner Harvey asked if Mr. Perkins had followed suggestions to offer the highest end of the pay scale. Mr. Perkins stated that he had offered the highest end of the pay scale. He even offered to let the applicant take a week off the first month of employment for elk hunting, but they still declined.
3. Emergency Management: Homeland Security Grant Program State Homeland Security Program Grant No. 22-270 Agreement and Base Station Purchase: Commissioner Bennett reported that they first need to ratify the signature of the Commission Chair on the 2021 fiscal year Homeland Security Grant No: 21-201 for $29,076.00 that was approved during the December 15, 2021 Commission Session. Second they need to approve the fiscal year 2022 Homeland Security Grant No: 22-270 for $29,904.91 and the purchase of four EFJ-Atlas 1200 P25 base stations from Prim Country, LLC for $29,096.00 for two base stations for a total cost of $58,192.00 using the grant money from both FY21 and FY22.
Commissioner Bennett moved to ratify the Commission Chair signature for the Oregon Military Department Office of Emergency Management Homeland Security Grant Program State Homeland Security Program Baker County Grant No. 21-201 for $29,076.00. Commissioner Nichols seconded the motion. Motion carried.
Commissioner Bennett moved to approve the Oregon Department of Emergency Management Homeland Security Grant Program State Homeland Security Program Baker County Grant No. 22-270 for $29,904.91 and the purchase of four EFJ-Atlas 1200 P25 base stations from Prim Country, LLC for $29,096.00 for two base stations for a total cost of $58,192.00. Commissioner Nichols seconded the motion. Motion carried.
4. Parks: Employee Contract Extension: Mr. John McCarrell, Parks Lead Maintenance Technician, has been assisting Commissioner Harvey in building the Office and Shop at Hewitt Park. In order to continue his contract needs to be extended for one month. The cost of the extension is $3,900.00.
Commissioner Bennett moved to approve the contract extension of Mr. John McCarrell, Parks Lead Maintenance Technician for $3,900.00. Commissioner Nichols seconded the motion. Motion carried.
d. Ordinance No. 2022-01 Amending Ordinances 84-1 and 2005-04: An Ordinance Amending Goal 12 of the Baker County Comprehensive Plan to Recognize the Northern Baker Transportation Improvement Plan (NBTIP) & Incorporating the NBTIP as a Refinement to the Baker County Transportation System Plan: Ms. Kerns reported that ODOT has completed a lot of the survey work for this project but as it often happens with surveys things did not go as planned. She does not have a solid timeline of when that will be picked up again on the City level. She recommends continuing until February 16, 2023 at 9:00 A.M.
Commissioner Bennet moved to continue the Public Hearing for Ordinance No. 2022-01 Amending Ordinance 84-1 and 2005-04 An Ordinance Amending Goal 12 of the Baker County Comprehensive Plan to Recognize the Northern Baker Transportation Improvement Plan (NBTIP) & Incorporating the NBTIP as Refinement to the Baker County Transportation System Plan until February 16, 2023 at 9:00 A.M. Commissioner Nichols seconded the motion. Motion carried.
e. City of Unity: Baker County Board of Commissioners Acting as City Council for the City of Unity:
1. Resolution 2022-02 LOC Legal Service Agreement: The League of Oregon Cities Legal Advice Program provides 15 hours of free legal advice each fiscal year to cities within Oregon's twelve regions. This resolution continues the Agreement for the City of Unity's participation in the program, effective July 1, 2021, and expiring June 30, 2024.
Commissioner Bennett moved to approve Resolution No. 2022-02. Commissioner Nichols seconded the motion. Motion carried.
2. Resolution 2022-03 Initiating Proceedings to form a Road Service District within Baker County: Ms. Kim Mosier, County Counsel, was present to give an update. Ms. Mosier and Commissioner Nichols/Bennett attended the City Council Meeting for Baker City on October 25th to discuss the Road District Resolution. Baker City discussed concerns regarding the ability of the County to impose a tax without it going to the voters.
Upon further research, Ms. Mosier found that ORS451 allows the governing body to implement a tax of up to $0.50 per thousand to create a revolving fund for construction for the district. All of the documents drafted thus far, such as the Orders and Resolutions, clearly state in whereas statements that the County has no intentions to impose any taxes or fees pursuant to this district. Ms. Mosier suggested reiterating that by putting language into the final Order to alleviate concerns. She stated there are a couple of ways that it could be done.
Baker City is discussing the possibility of an intergovernmental agreement wherein the County might agree to not impose a tax or fee for a certain number of years. Commissioner Harvey asked why they would need an intergovernmental agreement if they have said they would not be imposing a tax or fee. Ms. Mosier responded that they could just put some proposed language she had drafted in their final Order.
Commissioner Harvey expressed concern that they have already presented the information to some cities and may be required to represent it if they make changes.
Ms. Mosier stated that the final Order that would form the district would be the only Order that would need to be changed by adding language to what they have already drafted. Commissioner Harvey and Commissioner Bennett agreed they should add the language Ms. Mosier had drafted.
Ms. Mosier suggested reaching out to the small cities that have already reviewed the information and reassuring them that they will add this to the final Order. The resolution from the cities will not change it would just be reaching out to inform them that the County will add language to the final Order.
Commissioner Harvey stated that he has two meetings scheduled this month for Haines and Sumpter. Commissioner Bennett said he has a meeting scheduled today with Huntington.
Commissioner Nichols had questions regarding the ability of a future Commission Board to change an Order. Ms. Mosier explained that they could change with or without the added language. Since it is the final Order that forms the district, it would change the formation of the district and would require public hearings. Commissioner Nichols explained that the City of Baker wanted a guarantee that a future Commission Board would not change what this Commission Board did and that this doesn't give the City the insurance it needs.
Commissioner Bennett asked if they could add that the district would dissolve if they decided to impose a tax. Ms. Mosier explained that the district's formation relies on this provision. Commissioner Harvey asked if it is up for renewal each year. Ms. Mosier confirmed that it will be revisited each year to determine whether or not it is still necessary. It will dissolve unless it is extended every year. Commissioner Bennett explained his suggestion is an effort to give assurance to Baker City folks.
Ms. Mosier asked for clarification to make the formation of the board contingent on implementing no fees, taxes, or charges without it being put to the vote. Commissioner Bennett explained that he would not want this concern to be a deal breaker as he does not see it happening. Commissioner Nichols agreed that he feels the same way but that Baker City does not. Ms. Mosier explained that the City of Baker City is interested in an intergovernmental agreement. They are not outright saying that they are not interested in supporting the formation of a road district, but she thinks some assurances will help. She explained that it could be a stronger assurance to use Commissioner Bennett's suggestion of adding language that dissolves the district if taxes or fees are imposed. She stated she would need more time to draft the language. Commissioner Bennett and Harvey agreed that first, it would be nice to complete this as soon as possible and second, to give the City the assurances they are seeking. Commissioner Nichols agreed that it would be nice to finish this now, but it is okay if it has to wait. Commissioner Harvey expressed that he would prefer to get it done before the end of this year.
Commissioner Bennett would like to work with the City and hope it will appease them to know that there are no intentions of imposing a tax. He continued that he wasn't even aware that they had the option of imposing a tax without it being voted on by the people. Ms. Mosier explained that when the provision was brought to her, she spoke with Assessor, and he also had no experience with putting a tax on the tax roll without a vote from the people. She continued that this is new for many.
Another reassurance is that they plan to set up a contingency fund through a resolution to use if SRS dollars do not come in. Commissioner Bennett added that those funds have already been identified, and they have earmarked $1.2 Million from the Local Tribal Assistance Program.
Commissioner Bennett continued that whatever they need for assurance can be explored and mentioned the possibility of all three Commissioners meeting with them if needed. Ms. Mosier stated that she could also talk with them, but she is only staff, and sometimes it is better delivered by elected officials. Commissioner Bennett added that he had met with them twice. Commissioner Harvey mentioned that it could be better to have staff communicate so that the Commissioners do not give different messages or all end up meeting simultaneously. He continued that he would prefer to communicate to the City that it is not their intention to impose a tax. They are trying to keep it from happening, there is a yearly sunset clause, and it is also a public process.
The Commissioners are on a timetable for multiple tasks they are trying to accomplish regarding this, including meeting with the remaining cities and talking to them with the same information they began the process with. He added that altering anything now is not a suitable format as it would add time to and repeat already completed processes. Ms. Mosier explained that if they include a provision in the final formation order that would dissolve the entity should there need to be a vote on taxes, fees, or charges, it will not slow down the process. It does not change any of the resolutions completed by the cities. It is a matter of formalizing the Commissioners' intent by communicating with the cities that have already passed a resolution.
The consensus is to move forward with adding the provision.
Commissioner Bennett moved to approve Resolution No. 2022-03. Commissioner Nichols seconded the motion. Motion carried.
f. Sheriff: Aftermath K9 Grant Discussion: (Sheriff Ash could not attend the meeting due to a prior obligation) Commissioner Harvey expressed concern about departments taking it upon themselves to get grant funding before asking Commissioners to see if it would fall within the direction and needs of the County. He emphasized that there is a policy of getting formal approval for anything over $5,000.00.
He stated that he did not have the information in front of him, but he had read a newspaper article that explained it would cost upwards of $20,000.00 for a trained dog. In particular to this grant, he is concerned that having a trained dog will require a vehicle and paying a trained staff personnel year-round to be an animal handler. However, he is discussing this for all departments because he wants everyone to understand that they need to seek support ahead of time. He continued that he is concerned with the unintended consequences.
Commissioner Harvey concluded that he wanted to inform all departments to please come to the Commissioners with all ideas, concerns, wants, and wishes before moving forward. It does have extreme consequences on budgets, and he would like to address it ahead of time.
Commissioner Nichols asked for clarification on the $5,000.00 policy. Ms. Martin reported that she had sent a memo out a couple of times earlier this year. The memo included that the Commissioners wanted to be aware of any grants or purchases over $5,000.00. Commissioner Nichols asked for further clarification on if it was a written policy. Ms. Martin stated that she was unsure if it was an actual written policy but that it had been our practice. Commissioner Nichols added that if it is not a written policy and just practice, he thinks we need to make it a written policy. If it is their wishes and practice, it should be written and followed by each department. He wants to avoid micromanaging various departments, but if there are significant consequences for grants, then it is necessary.
Commissioner Nichols explained that he does not have an issue with this particular situation because once or twice, the dog would pay for itself by finding something or someone. It would save tremendous manpower, hours, and dollars on search and rescue. He thinks they should go along with it, but it would be nice to consider the cost. Commissioner Harvey added that the all-encompassing expenses should be considered.
Commissioner Bennett explained that with two departments constantly getting grants requires much attention. The Emergency Management Director and Health Department Director look very closely at grants before they pursue them. There are many great ideas and grants, but the lifestyle that we have gotten used to is not sustainable. We do not receive enough tax dollars to keep up with anything more than raises and the cost of living. Commissioner Nichols agreed and added that grants need to pay for their way.
Commissioner Bennett stated that, ultimately, the fiscal responsibility stops with the Commissioners, which is why they need to be looking at the grants. The Commissioners all agreed that all grants should be brought to them and explored.
6. Documents to be Signed
a. Order No. 2022-141: Foreclosure Property Sale: The following properties were recently in tax foreclosure and Baker County claimed ownership. In a previous Commission Session the Commissioners decided to put them up for auction. Order No. 2022-141 sets the minimum bid determined by the Commissioners and an auction date of January 9, 2023 for each property.
1. Bare Land on 15th Street Baker City, OR 97814. Back taxes and estimated expenses total $4,964.72.
2. Bare Land on Corner of Court & 15th Street Baker City, OR 97814. Back taxes and estimated expenses total $5,138.17.
Commissioner Harvey moved to set the minimum bid for the Bare Land on 15th Street and Bare Land on the Corner of Court & 15th Street at $20,000.00 each. Commissioner Bennett seconded the motion. Motion carried.
3. Bare Land off Sumpter Valley Highway Sumpter, OR 97877. Back taxes and estimated expenses total $3,844.99.
Commissioner Harvey moved to set the minimum bid for the Bare Land off Sumpter Valley Highway at $18,000.00. Commissioner Nichols seconded the motion. Motion carried.
Commissioner Bennett moved to approve Order No. 2022-141. Commissioner Nichols seconded the motion. Motion carried.
Discussion: Ms. Martin gave an update on a fourth property that was discussed at the previous Commission Session 0.01 acres Bare Land off Highway 7 Elkhorn Estates. She reported that Mr. Perkins had the chance to look at the property and determined it is in the County’s best interest to keep. Commissioner Harvey concurred with Mr. Perkins assessment.
b. Order No. 2022-142: Appointing Sheryl Brandt and Alysia Bowers to the Transient Lodging Tax Committee for a term set to expire August 1, 2023 and August 1, 2025, respectively.
Commissioner Harvey moved to approve Order No. 2022-142. Commissioner Bennett seconded the motion. Motion carried.
c. Order No. 2022-143: Re-Appointing Joe Hayes to the Northeast Area Commission on Transportation for a term set to expire July 31, 2026.
Commissioner Nichols moved to approve Order No. 2022-143. Commissioner Bennett seconded the motion. Motion carried.
d. Order No. 2022-144: Appointing a Dave Aydelotte (OSP) to the Local Public Safety Coordinating Council for a term set to expire November 1, 2025.
Commissioner Bennett moved to approve Order No. 2022-144. Commissioner Nichols seconded the motion. Motion carried.
e. Order No. 2022-145 Re-Appointing Ryan Downing (P&P) and Ty Duby (Police Chief) to the Local Public Safety Coordinating Council for a term set to expire November 1, 2025.
Commissioner Bennett moved to approve Order No. 2022-145. Commissioner Nichols seconded the motion. Motion carried.
7. Ratification of Documents
a. Financial Reports: C50, C51, C52, M05, C57, C58, C59
Commissioner Bennett moved to approve the aforementioned financial reports. Commissioner Nichols seconded the motion. Motion carried.
8. Other Business:
a. Commissioner Update:
· Commissioner Nichols reported attending a Recycling Modernization Act meeting on November 1st. The meeting provided information to the public about things to come, such as public hearings in January 2023. They hope to be finalized by July 1, 2025, when their funding is available. There will be a couple of senate bills and rule-making meetings, with seven meetings this month. There will be a state-wide collection list for recyclables. Any city under 4,000 in population will not have the same responsibilities as the ones with over 4,000. There are plans to have travel reimbursement for individuals that do not live close by and have to travel to a recycling facility. This is to equalize access to recycling facilities in all areas of the state. The requirements will begin on July 1, 2025. January 2026 container purchases must be certified. He added that this is just the beginning, and more information will become available over time.
Discussion: Commissioner Bennett commented that he had worked on the project for quite a few years, and it had little success. He explained that even with the state heavily subsidizing it, they could only seem to get a few participants. The distance was a significant factor, and Baker Sanitary could not continue to travel to the small cities for such small amounts. There needed to be more market for the product as China and India stopped accepting it. He worked with Baker Sanitary as they had an abundance of giant blocks of recyclables collected under the program that they had to get deviance from DEQ to smash and bury.
Commissioner Nichols also reported on the Elk Depredation work group who meets to discuss elk damage to property. The group has requested a $2,500.00-$5,000.00 donation, but it was unclear on how they planned to use those funds. He has requested additional information.
· Commissioner Bennett asked for consensus to keep the Dodge Journey within the County’s fleet because of the shortage of vehicles. The Commissioners agreed.
Commissioner Bennett also reported that he had discussed it with the President of the Boise City Council and was on a Pioneer Line work group. The group's purpose was to reestablish passenger rail service on the old Pioneer line from Portland to Salt Lake City. The group has committed to looking into it after receiving new funding and requested that the Commissioners take a position on it. He invited Commissioner Harvey and Commissioner Nichols to think about it. Commissioner Bennett stated he had received some letters from constituents. He explained that he had previously proposed the use of European railcars versus Amtrak. European railcars require less staff and energy because they only use the train cars they need at a time, reducing cost.
Discussion: Commissioner Harvey explained he had thought about it and his concern is that they have money for the first round, then they run out of money, and the whole operation fails.
Commissioner Nichols stated he has heard from citizens on the topic. He agreed with Commissioner Harvey that Amtrak has failed every time because it is too costly and no one uses it. He said maybe the European model would work but he wasn’t sure.
Commissioner Bennett agreed. The problem is that they do not have the ability to get a high speed rail from Baker to Boise airport. He had met with Ada County Transportation and suggested they identify a light rail line from Ontario to Boise Airport and run it through the center of the freeway. Commissioner Harvey stated that they Commissioners could jump on board when they had that accomplished.
· Commissioner Harvey reported on the work he has been accomplishing at the parks in Richland. He has been able to almost fully enclose the office building. He is hoping to get it completely closed in if there is enough good weather.
He also reported that he will be out from November 21st –December 7th for an operation.
b. Comparison of Calendar:
· The November 16th Commission Session is canceled due to Commissioner Bennett, Commissioner Nichols, and staff attending the 2022 AOC Annual Conference in Eugene November 14th -18th. There will be a work session or special session held on November 9, 2022.
9. Adjournment
The November 2, 2022 Commission Session adjourned at 11:15 A.M.
Respectfully Submitted,
Erin Linan
Management Assistant |