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 December 7, 2022 Commission Session. Present were Commissioner Bill Harvey, Commissioner Mark E. Bennett, and Commissioner Bruce A. Nichols.
1. Call to Order/Invocation/Pledge of Allegiance
Commissioner Harvey called the meeting to order and led the invocation and the pledge of allegiance.
2. Agenda Changes/Additions to the Agenda
a. DEQ: Nuisance Ordinance: Property Cleanup Discussion (See Scheduled Business)
Commissioner Bennett moved to approve the agenda with changes. Commissioner Nichols seconded the motion. Motion carried.
3. Citizen’s Participation
a. None
4. Review/Approval of Minutes
a. November 2, 2022 Commission Session Minutes
Commissioner Bennett moved to approve the November 2, 2022 Commission Session Minutes. Commissioner Nichols seconded the motion. Motion carried.
b. November 9, 2022 Special Commission Session Minutes
Commissioner Bennett moved to approve the November 9, 2022 Special Commission Session Minutes. Commissioner Nichols seconded the motion. Motion carried.
5. Scheduled Business
a. Watermaster Update ~ Luke Albert and Luke Sells, Assistant Watermasters
Mr. Albert and Mr. Sells, Assistant Watermasters to Marcy Osborn, Watermaster of Oregon State District 8, were present to give an update, including a PowerPoint presentation. District 8 includes Baker County and a portion of Union County and is a total of 3,254 sq. miles. The major counties are Baker and Union, with North Powder, Wolf Creek, and Union drainage. In September, the District 8 office moved locations from the Courthouse to the old Oregon State Police building on Pocahontas in Baker City. Baker County and Union County have provided long-standing funding in District 8 for two full-time assistants in Baker City and one part-time seasonal Deputy Watermaster, Jay Sly, in the Halfway area.
Their office manages 3,537 primary water rights covering 229,420 acres and 569 supplemental water rights covering 154,748 acres. Primary water rights include 2,861 surface water rights covering 218,631 acres, 226 groundwater rights covering 10,788 acres, and 450 storage water rights. Supplemental water rights include 350 surface water rights covering 115,712 acres and 219 groundwater rights covering 39,036 acres.
There are 6,761 diversion points within the District, and the oldest priority date is 1862. Distribution and regulation occur every year on 42 streams. Mr. Albert, Mr. Sells, Ms. Osborn, and Mr. Sly regulate heavily on 20 streams during irrigation season, which is from March 1st to October 31st.
Lake releases in Baker County and Union County include Rock Creek, Killamacue, Van Patton, Pine Creek, Crater, Eagle, Looking Glass, Echo, Traverse, Pine Lakes, Clear Creek, East Lake, Fish Lake, Sugarloaf, Melhorn, and Bearwallow. Many releases give farmers and providers late storage. Mr. Albert discussed how Mr. Sells manages Killamacue Reservoir by hiking into the area while referencing photos showing how the reservoir looks when full and empty.
The District has approximately 76 dams that require inspections every three to five years. A dam requiring an inspection must be at least 10 feet high or store more than 9.2 acre-feet.
Commissioner Harvey, while referencing a photo of the Killamacue Dam, discussed that the structure is over 100 years old and there would always be a concern for possible failure. Mr. Albert agreed and explained that it is a part of their dam inspections to discuss a maintenance sheet with the owner for them to complete. Mr. Sells discussed his inspection of the Killamacue Dam this year, checking the dam's build-up full and empty to ensure no damage or visible leaking and documenting the process with photos. Commissioner Harvey added that historically that dam had given out and killed people, and with more population below the dam, it is a significant concern. Mr. Albert agreed and explained that a part of their rating scale is the damage it would cause if it were to give out.
Off-season duties include stream gauge measurements, making maps and distribution lists, and planning for the following year. They also work with Mr. Jason Yencopal, Emergency Management Director, to conduct snow surveys starting in January. The monthly surveys include Anthony Lakes, Little Alps, and Little Antone. The survey reports are sent to Natural Resources Conservation Service (NRCS) by Mr. Yencopal.
Mr. Albert recapped their work in 2022. He discussed a snow-water equivalent map from March 31, 2022, showing 67% for District 8. Their lowest snow for the year was called Antone at Little Antone, where they had to do a bulk sample as there was insufficient snow.
Mr. Albert continued that the May and June rain gave them a great year. A rancher took Ms. Osborn on a flight to observe the effects of the rain over some of District 8. The flight documentation included aerial photos of Chandler Corner with some flooding from the Powder River, Pine Creek at Williams, Pine Creek just before Pocahontas, and DLX Ranch from bottom Powder River ground. In the middle of Pine Creek, just before Pocahontas, they had lost one diversion called a Bowman during high flows between June 5th and June 6th.
Overall they had a great year beginning with dry conditions in March and April, with May and June rain carrying them through.
Commissioner Harvey inquired about the outlook for the coming year. Mr. Albert explained that so far, the outlook is good. Anthony Lakes is still reporting 38 inches, and the snow-water equivalent map is up to 106. Commissioner Harvey asked if that was average. Mr. Albert explained that it is hard to say as they run off a 30-year average, but typically, it has gone well anytime they have been sitting at that number. He added that things were looking pretty tight last year, but the rain carried them through, and they can hope for that again this year.
Commissioner Harvey explained that they have overseen many water improvement projects. The hope has been to gain more use from the same water as they are using sprinkler systems versus flood systems and moving water around to different areas. He commended them on their ability to keep tempers cooled when the District experiences drought.
Commissioner Harvey asked Mr. Albert to explain the water rights established in 1862 for Baker County and the oldest water rights versus the newest water rights. Mr. Albert explained that water rights had been established as people came to the valley. Everything went through the Powder River Decree through the courts in 1918, which made everything legal and recorded on paper with certificates. The rights stay with the ground. Rock Creek was established in 1865. They cut the junior rights as early as 1872 on Pine Creek. Pine Creek has an 1863 he cuts until it physically runs out. Compared to Richland, where he distributes in the fall runs into the 1880s. He has some 1909s that stay on until August -September, and then he cuts them. It all depends on the basin, drainage, and water rights.
Commissioner Harvey added that it is important to recognize that water is survival to an operation, and it is vital that when they look at a property to consider water rights because it can determine what crops can be grown. Mr. Albert explained that one of their regular duties is communicating what they call 'water right researches' to realtors and the general public. Commissioner Harvey added that many people new to the area or industry might have yet to gain any prior knowledge of this, so it is vital that the information gets out beforehand in hopes of deterring citizen complaints from their office. Mr. Albert explained that they typically handle complaints well by conversing with landowners and explaining the water rights maps.
Commissioner Harvey discussed that this is a relatively new topic within the last 10-15 years regarding the issue of draining the underground water basin due to having to drill so many wells over the years. He asked if they had planned on doing test wells to measure the water table. Commissioner Bennett explained that there was a Water Committee that had several meetings on the topic but did not receive community support, so the committee supported Union County in getting funding for place-based water. It had been a concern of the Water Committee that no one knows what the aquafer looks like, there is no recharging, and they no longer have test/monitoring wells, so at any time, someone could turn a pump on, and it would go dry. He discussed that they could not gain support for it and saw some pushback from the farming community that the Board of Commissioners would try to regulate it. Commissioner Harvey stated he would like to see a test well used only as a measuring device. Commissioner Bennett explained that they used existing wells and had monitoring logs to record measurements.
Commissioner Bennett discussed that there could be funding for a project, but it's unlikely to receive the funds without community support. He expressed fear of people buying land under the assumption that there will be water, that it's a dangerous game as no one knows where the groundwater is, and that it should not be judged by surface water. He encouraged the soon-to-be Commissioner Colleagues that they continue the discussion in hopes that the attitude and outlook of community support would change.
Commissioner Harvey expressed his concern if they do not know what is below us, their concern is there could be a moratorium on new wells. Mr. Albert explained that there is a process for anyone who wants to drill a new well. Before a permit for a new well is issued, a groundwater study is conducted, which accounts for other wells and interference. If a drought is declared, a drought well will get pushed to the front of the line, such as a stock well and not necessarily an irrigation well. Commissioner Bennett added that you could obtain a permit, but getting one will take a while. Commissioner Harvey discussed that the process is not common knowledge, and people buy land thinking they will drill a well. Mr. Albert added that it is a part of their job to have those conversations about what permits and the restrictions pertaining to it. Commissioner Harvey explained that he would like everyone to understand that it is not only agriculture but also residential due to many improvements and access to residential drilling house wells. Mr. Albert clarified that residential wells are exempt.
Commissioner Bennett discussed that as they have moved from flood irrigation to sprinkler irrigation, the shallow aquafer hasn't been recharged, and with multiple years of drought, the residential wells are now suffering. These projects are monumental that require lots of funding and staff work. Mr. Albert included that they are also multi-year projects, giving an example of Harney County, a 5-6 years study. Commissioner Bennett added that many groups would push back as it can change the land value.
Commissioner Nichols added that there might be much more interest than there has been in the past. He thinks that many people want to know what the aquifer looks like and how long it takes to recharge. Since becoming a Commissioner, he has seen the interest grow. Commissioner Nichols is on a drought committee with Commissioner Beverage from Union County, looking at these issues. He commended the water conservation districts in Baker County on their excellent work on projects for private and public lands getting streams to hold water better. Going forward, he believes that they can get a study done but is concerned about getting the funding for it. He hopes to progress with it and see what they do have available, as water is one of the most important resources in Baker County. Mr. Albert agreed and added that he would discuss it with Ms. Osborn and Jason to see what could be done.
Commissioner Harvey emphasized a personal request that the Watermasters Office be used as a resource for information and education to alleviate both agricultural and residential water disputes. Many need education and an understanding of water rights. Commissioner Harvey would like more outreach education and encouragement for citizens to reach out to become educated. He believes that the education their office could provide is vital for the decision-making process in purchasing a property. Baker County has a history of abundant water, and sadly, there has been the realization that we no longer do, and we have to be very intentional with water use. He continued that he would like to see recharging efforts on a grand scale. Commissioner Harvey added that he greatly appreciates all that they do.
Commissioner Bennett complimented the Watermaster's office on handling a citizen's complaint that had been flooded out. It was not the fault of the Watermaster, but they visited with the concerned citizen, and all was resolved.
Commissioner Harvey thanked them for their presentation.
b. Contract Review Board
1. Watermaster: Vehicle Purchase: The County Watermaster’s office is in need of a new vehicle for the Assistant Watermaster. After receiving bids from two dealerships they would like to purchase a 2019 Ford Ranger Super Crew from Baker City Auto Ranch for $36,000.00. The purchase will be paid through the Baker County Equipment Replacement fund.
Commissioner Bennett moved to approve the purchase of a 2019 Ford Ranger Super Crew from Baker City Auto Ranch for $36,000.00. Commissioner Nichols seconded the motion. Motion carried.
2. Juvenile: Vehicle Purchase: Ms. Staci Erickson, Juvenile Director, was present to report that the Juvenile Department is in need of a vehicle for work crew and transporting youth for treatment appointments, and transport for other various youth services. They sent out an RFP to four dealerships and only received a bid from La Grande Legacy Ford. They would like to purchase a 2022 Ford Explorer for $49,865.00 from Legacy Ford.
Commissioner Bennett moved to approve the purchase of a 2022 Ford Explorer from La Grande Legacy Ford for $49,865.00. Commissioner Nichols seconded the motion.
Discussion: Ms. Heidi Martin, Executive Assistant added that the vehicle purchase qualifies for the Opioid Settlement funds and is the funding source. Commissioner Harvey agreed and reiterated that the funding would be from the Opioid Settlement funds not the general fund. Motion carried.
3. Juvenile: Electronic Monitoring Service Agreement Amendment: Ms. Erickson discussed the updated electronic monitoring service agreement that was recently approved. The Commissioners had requested that the department secure two more monitoring units to have on hand. In doing so, the agreement required them to pay for supplies and accessories with the additional units. She explained that since they are paying for those units at a daily rate, negotiation with Omnia Partners resulted in this amendment which removes the fees for supplies and accessories, per the supplies section under general terms on page 10 of the main agreement. They are requesting to update the agreement to reflect the changes.
Commissioner Bennett moved to approve Amendment #1 of the Electronic Monitoring Services Agreement with Omnia Partners. Commissioner Harvey seconded the motion. Motion carried.
4. County Counsel: Engagement & Fee Agreement: Ms. Kim Mosier has served as County Counsel since 2021 and has done so at a reduced rate. Due to an unanticipated workload for the County, she has been forced to reject private clients who would be billed at a much higher rate. She is requesting Baker County match the municipal rate that she bills other governmental entities in the amount of $150.00 per hour, not to exceed 20 hours each week and 47 weeks per year beginning July 1, 2022. Additional work, related to the items described in the agreement, may be completed upon mutual agreement of the parties at a rate of $180.00 per hour.
Commissioner Bennett moved to approve the County Counsel Engagement and Fee Agreement with Ms. Kim Mosier. Commissioner Harvey seconded the motion. Motion carried.
c. Opioid Settlement Distribution Discussion: Commissioner Harvey began by disclosing that this was only a discussion and no awards were being made today. He reported that there were several requests for the funds. He added that they had a previous discussion regarding the funds and where they would like to see them distributed. Due to the Juvenile Department's increased cost for the vehicle, transportation, and services required for juvenile detention this year, his emphasis is that a good portion of the funds would be used to help with those extra expenses. The Sheriff's Office submitted a proposal for a TruNarc handheld narcotics analyzer device, and the Health Department and Sheriff's Office submitted a joint proposal for training.
Ms. Meghan Chancey, Health Director, was present to discuss the training proposal. She reported that the proposal is for various training related to opioid and fentanyl misuse. The Sheriff's office training pertains to law enforcement and first responders, and the Health Department's training pertains to schools.
Commissioner Bennett expressed concern regarding the proposals submitted and the amount of funds they currently have to award since they had already approved the vehicle purchase for the Juvenile Department. Ms. Martin explained that they are expecting approximately $90,000.00 overall. Part of the funds are expected to be received within the next month, which will be enough to cover the cost of the Juvenile vehicle, training, and TruNarc device. Commissioner Bennett explained that he would like to be cautious and not award funds until all the money is received and suggested tabling the conversation until such time.
Ms. Martin explained that today's goal is to show support for the items for when the funding is received.
Commissioner Bennett moved to prioritize the purchase of the Juvenile Vehicle, joint training, and the narcotics analyzer, but only to be spent once funding is received and bid policy is followed. Commissioner Nichols seconded the motion. Motion carried.
d. Public Hearing: Order No. 2022-146 Adopting the 2023 Baker Co. Fee Schedule
This is the first of two public hearings to receive testimony on the proposed 2023 Fee Schedule. The Health Department had slight changes to their fee schedule based on fees set by the State.
Commissioner Harvey asked for testimony in favor or against. Having none, Commissioner Harvey closed the public hearing adding that the next public hearing will take place on December 21, 2022. The public can review the proposed fee schedule on the County’s website.
e. Parks: Mileage Reimbursement Discussion: Commissioner Bennett reported that Commissioner Harvey has been working at the Parks on numerous projects including construction of the Parks Office. This has been a huge savings for the County. Commissioner Harvey has used his own tools and has used his personal vehicle to haul lumber and other construction materials to the site. One of the trips when hauling a trailer, he blew out a tire that was replaced. Commissioner Bennett moved to ratify the signature to approve the purchase of a replacement tire and travel reimbursement. Commissioner Nichols agreed and seconded the motion. Motion carried. Commissioner Harvey recused himself from the discussion.
f. DEQ Penalty Update
Ms. Mosier stated that the County had an opportunity to use a portion of the civil penalty funds that would have otherwise been paid to the DEQ, to address nuisance property issues within the County. The County’s Community Service Deputy used the funds to address three property nuisance issues. The projects were selected based on citizen complaints with one of the projects also identified by DEQ as being an issue. The funds were used to assist the property owner in cleaning up their property on a reimbursement basis. She commended Deputy Maldonado for his work on the projects. Commissioner Harvey appreciates the work of those involved. Ms. Mosier stated that a final report will be submitted to DEQ showing how the funds were spent. The Commissioners were in agreement to approve the payment vouchers to reimburse the parties involved for expenses related to the clean-up.
6. Documents to be Signed
a. None
7. Ratification of Documents
a. Financial Reports: C53, C58, C59, C60, C61, V05, C57, C59, C60, C61, C62, September and October Revenue/Expenditure Report and the Treasurer’s Financial Report for October. Commissioner Bennett noted that some reports may only have two Commissioner signatures based on Commissioner availability.
Commissioner Bennett moved to approve the aforementioned financial reports. Commissioner Nichols seconded the motion. Motion carried.
b. Sage Grouse Agreement Amendment with David Evans and Associates: Morgan Solomon, Sage Grouse LIT Coordinator was present to discuss the agreement. Ms. Solomon stated that her role is to work with landowners on restoration projects, outreach and stakeholder engagement that focuses on sage grouse. The County received $6.3 million for this project. Commissioner Bennett added that there are partnerships with the Weed Department, ODFW and the Landowners. The agreement was originally scheduled for approval at the November 2, 2022 session; however, it was pulled from the agenda because it was thought that additional changes to the budget would be made. Ultimately, no additional changes were made and the agreement was signed out of session by Commissioner Bennett. On March 16, 2022 the Board of Commissioners approved a professional services agreement for David, Evans & Associates (DEA) to complete a NEPA report for a potential OHV site near Virtue Flats on land managed by BLM. BLM is requiring additional time to complete the cultural surveys/reports needed by DEA to meet their deliverable outlined in the professional services contract. Therefore, the Sage-Grouse Local Implementation Team is requesting the Board of Commissioners to amend the contract to allow for an additional 7 months to complete project objectives; no additional funds are being requested.
Commissioner Harvey moved to ratify Commissioner Bennett’s signature for the Sage Grouse Agreement Amendment with David Evans and Associates. Commissioner Bennett seconded the motion. Motion carried.
8. Other Business:
a. Commissioner Update:
· Commissioner Harvey was out of the office on medical leave.
· Commissioner Bennett: Commissioner Bennett is continuing as the Chairperson for the Governor’s Wildfire Council. They are still reworking SB 762 and the $350 million that goes with it. Their goal is to finalize a wildfire exposure map. Land use guidelines have been put on hold, which means there won’t be mandatory land use actions relating to fire. During the AOC conference, he spent most of his time on broadband and housing issues.
· Commissioner Nichols had no additional updates.
b. Comparison of Calendar: Ms. Heidi Martin reminded everyone of the Commissioner retirement party taking place on December 21, 2022 starting at 3:00 p.m..
9. Adjournment
The December 7, 2022 Commission Session adjourned at 10:15A.M.
Respectfully Submitted,
Erin Linan
Management Assistant
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