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 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: Richland Waterline (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. December 7, 2022 Commission Session Minutes
Commissioner Bennett moved to approve the December 7, 2022 Commission Session Minutes. Commissioner Nichols seconded the motion. Motion carried.
5. Scheduled Business
a. Sheriff Update ~ Travis Ash, Sheriff
Sheriff Travis Ash was present to give an update on all Sheriff's Office Divisions. He reported that he would fill in for the presenters that could not attend as planned.
Beginning with the Patrol Division, Sheriff Ash reported that they are staffed with two sergeants, one civil deputy, two deputies detailed to the Courthouse, two part-time marine deputies, two deputies based on an Idaho Power Contract, six patrol deputies, and one community service deputy. They have contracts with BLM, Forrest Service, and Huntington. In total, they have sixteen staff members.
Sheriff Ash discussed having seen only positive results regarding the Community Service Deputy position created this year. Deputy Maldonado took on the position and is tied to all outlying schools and the 5J School. His primary mission is to address homelessness, and he has succeeded in connecting people with services. Deputy Maldonado also enforces the County Nuisance Ordinance working closely with Justice Kerns; they have seen positive outcomes.
Patrol cases include cases they have taken for assault, DUI, and criminal mischief, which have increased since 2019 with 611 cases to 2022 with 722 cases. Patrol logs include calls for services, and there were 3,390 calls for service in 2022, which will not reflect the Patrol cases.
The Corrections Division has fourteen staff members, including one Lieutenant, four Corporals, eight Deputies, and one Control Board Tech. Every two years, they go through the "Jail State Standards," where they are audited by other Jail administrators, a team from Oregon State Sheriff's Association. There are over 300 standards that they are required to meet, and in the last two inspections, they earned a perfect score of 100. Several jails will not meet that 100 metrics. Passing inspection directly reflects Lt. Ben Wray and his staff, who work hard to meet the State Standards.
Jail bookings decreased during the pandemic going from 738 bookings in 2018 to 362 in 2021. Coming out of the pandemic, the passing of Senate Bill 48 Pre-trial release is essentially a matrix set by the courts controlling who they can hold in jail. Basically, they can hold individuals who commit violent felonies, domestic violence, gun-related offense, and sex crimes. Sheriff Ash gave an example of criminal mischief, such as someone who vandalizes a pickup with no other charges, they will be booked and released according to the matrix. This was all done by the legislator, but you are seeing jail numbers fall across the State because they are not permitted to keep them in jail anymore. The jail holds 45 individuals, and they are at 15 currently. Regardless of the jail numbers, it still requires the same staff.
Lt. Ryan Downing was present to give an update on the Parole and Probation Division. He reported they have five staff members, including one Lieutenant, three parole and probation deputies, and one office assistant. They have approximately 195 adult offenders that makeup felony and misdemeanor cases. Their office is shared with New Directions Northwest. Lt. Downing explained that this has been great since they moved into the office there as they have treatment staff around the clock with immediate access to them. They also get to use peer support and mental health while they are there.
The State completely funds parole and Probation, requiring no county funds, and is funded through the Criminal Justice Commission Justice Reinvestment Initiative (JRI). The allocation is based on a formula for how many adult offenders they have. They also have 10% of their JRI funds dedicated to a local non-profit victim advocacy program. They also receive funds from the Department of Corrections.
Parole and Probation supervision demographics are 17% female and 83% male. Their crime categories are divided among the POs. One does mental health, another does measure 57, and one is sex offenders. They do not have enough population to have female offenders with only female POs and male offenders with only male POs. They try to separate the cases so that one PO can fully oversee the demographical crime.
Commissioner Harvey asked if, with the mental health issues where they shift them out of jail, is there an influx of that because of the drugs as well compounding the issue. Lt. Downing explained that they witness a lot of mental health, but it is difficult to say what specifically drives that. He continued that he wouldn't say they are seeing a huge influx, it is something they have always dealt with. Criminal behavior always comes with a mental health aspect, and when drugs are thrown into the mix, it is hard to say which issue came first. For their mental health caseload, they have drug court that they do with circuit court it is a very helpful program. They have quite a few clients that receive extra help with mental health staffing so that way they have help whenever they need it.
Sheriff Ash added that on the patrol side, since the legalization of marijuana, they have seen marijuana psychosis and mental health problems skyrocket. Commissioner Harvey said it is also with lessening the charges for heavier drugs. Sheriff Ash agreed that he was referring to measure 110. Commissioner Harvey explained that personally, in his private facility, they have a lot more people coming by or through the complex who have mental health issues and are very vocal and problematic for themselves and others, so he is seeing more of it out in the open. Commissioner Harvey expressed concern about how much we contribute to the mental health crisis with our state laws and relaxed atmosphere.
Sheriff Ash added that during the pandemic, they stayed open for business. Lt. Downing worked with the courts and kept cases moving forward when other agencies shut down and saw a drastic drop in their clients. The money that comes in is based on a formula, and with them being open, they expect their numbers to increase in the formula, so they should be having an increase in funds even with the reductions Commissioner Bennett sent out. Commissioner Harvey commended their office for doing so because the need was still there. Baker County stayed open through the pandemic, and he thinks they have done a great job. Sheriff Ash believes we will see they pay off when the new allocations of funds come.
Dispatch is fully staffed, and they have reserves on hand, which is nice. They have some changes coming up with some retirements, but they currently have two lead workers, six full-time reserve dispatchers, and one records specialist for a total staff of eleven. He discussed the Western Heights fire in which they received 127 calls covered by dispatch within an hour. If there is a crash on the freeway the 911 calls are amazing.
Calls for service included 7,600 911 calls and 52,230 non-emergent calls this year. They are staffed with two dispatchers 24/7. For a while, they were running one dispatcher but what they were finding was the stress and burnout because they cannot predict when things will break when they get one crash with multiple medicals, fire, and police officers. It is overwhelming and too much for one person to handle. That said, the dispatch center tends to spoil law enforcement and fire as they do a lot behind the scenes regarding the computer work and the information they put into their CAD. During the pandemic, he learned to dispatch, and he understood how much work they have to do, which is often overlooked, in his opinion.
Search and rescue (SAR). They have always had a very stable search and rescue group that is very active. They are in the process of interviewing and bringing on upwards of 6-7 new SAR members. They specialize in dive, rope rescue, air scent K-9, and man tracking. It is all volunteer based. They work hard, and they will drop everything on Christmas Morning and search when needed. Erlinda Kriger has been there for 53.5 years and says the SAR team is her second family. He continued that it is very much family based.
He continued that they did get a new ATV side-by-side that the Commissioners approved the purchase of, and it will be here on January 15th, allegedly. Most of that was purchased on a grant a SAR member and dispatcher wrote and applied for. There was a fatality on the river with a dive recovery and another crash in the fall off Twin Peaks. They brought the patient out the front window of one of the member's side-by-side. SAR trains monthly the first Monday of the month is training they hit all of the basics, but they throw in extras like rope rescue or in the snow.
Upcoming projects include Radio Infrastructure Upgrade, Emergency Operations Center, and CIS Health and Wellness Grant. They hope to have the Radio Infrastructure Upgrade completed by this summer. For the Emergency Operations Center they are waiting on FEMA to get back to them to add an Emergency Operations Center to the back of the building. It is not a big addition but will give them a standing EOC that is ready to go.
Last fall, two dispatchers competed with County City insurance a competition that county city insurance held in Salem where they had to write a proposal and then present it to the group. They took second place in the competition and received a $2,500 mental health wellness grant. They plan to put on a 5k fun run this spring during police week and get the community to support them.
As always, the Sheriff's office strives to work within the community and bridge the gap with youth. He has been doing this since 1996, when he became a police officer. His goal is to defeat the uniform with youth. They see him as Travis Officer Ash Sheriff Ash, and they have fun and try to take all of the negative out of it. Fishing with a deputy is his favorite event that they do. This fall he was out at the school and a little girl that participated in fishing with a deputy ran up and said I remember you, and he said I remember you. You caught the big fish. It was a very positive interaction. The Huntington bike and walk to school, National night out, Kids & Cops Sno-Cone Trailer-which is funded by donations they do work at the Baker County tournaments, and then they donate to kids and cops, Baker City Backpack Program every Thursday morning he and staff pack backpacks for kids that would not otherwise have food over the weekend, Baker Co. Safe Communities Coalition, and the Community Service Deputy- building the bridges in the schools with the youth.
They have been doing the prescription drug take-back program for many years and have partnered with Baker City and New Directions. They now have their own incinerator, so they do not do the DEA takeback. They take prescription medication from 8-5 in their office Monday through Friday, and then they incinerate it themselves. The incinerator has been a great addition to the process.
Commissioner Bennett commended how they have built this together with Sheriff's leadership. Commissioner Bennett began in the basement of the Courthouse they had three in the jail, one civil officer, four for patrol, and a Sheriff. It is now 30 years later, and how everything has been built together and working together as a team for the people of the community. Everywhere he goes, people are commending the Sheriff's office and Sheriff Ash's leadership.
Sheriff Ash thanked him for his comment. He added that they are always evolving and always striving to be better.
Commissioner Nichols wanted to echo that he hears nothing but good comments about the Sheriff's Office. Parole and Probation are working very well at New Directions and are benefiting both entities.
Mr. Ed Hardt was present to ask how Parole and Probation keep track of 195 people on parole with very few staff. Lt. Downing responded that they make do with what they have. Each person has a scheduled time to come in, and everyone is rated on a high, medium, and low scale of their risk to re-offend. They don't over-supervise the low offenders but want to make sure the high and medium offenders are getting enough attention. It’s beneficial being located at New Directions because offenders will come in for their classes at New Directions and the PO will try to meet with them the same day. They are trying to lead by example with them and trying to teach them new skills. Sheriff Ash added that when they are contacted at night, a PO is available for a phone call from an officer or deputy. Everybody on probation, if they're ran, it will go through the dispatch center and the deputies parole and probation for content.
b. Contract Review Board
1. Parole and Probation: Vehicle Purchase: Lt. Downing reported that $60,000.00 was approved to purchase a new vehicle in the 2023-23 budget. Three dealerships provided bids for a Chevrolet Tahoe including Goss Motors, Baker Garage, and Bud Clary Chevrolet. Parole and Probation would like to purchase a 2023 Chevy Tahoe from Bud Clary Chevrolet for $50,564.26. The vehicle would be used for transport to trainings. It will also be used to transport clients to substance abuse and mental health treatment as they tend to be out of the area.
Commissioner Bennett moved to approve a 2023 Chevy Tahoe from Bud Clary Chevrolet for $50,564.26. Commissioner Nichols seconded the motion. Motion carried.
Discussion: Ms. Wanda Ballard was present to ask if the vehicle is a replacement or an addition. Lt. Downing responded that it would be an addition. Commissioner Harvey asked home many vehicles parole and probation has assessed to their division. Lt. Downing explained that they currently have three and it will be four with the one that was just approved.
2. Facilities: Museum Roof Bid Approval:
Mr. Dan McQuisten, Facilities Director, was present to discuss The Baker Heritage Museum Roof. Over the past few years, they have been addressing leaks and roof issues at the Museum. After assessments and research, they identified that the current roof is over thirty years old. The metal roofing and membrane roofing area was installed in 1990 with volunteer labor and donated materials. At the time, the Museum was fortunate to have that value created by the community for that structure, but we have since outlived it. It is now beyond its well-serviceable lifespan.
An RFP was put out at the beginning of November, asking for options to replace the existing roofing material. They also had a site meeting for interested parties. Six contractors attended to review the project and RFP, which resulted in a response from two parties, Gyllenberg Construction, Inc., and Palmer Roofing. As a part of the RFP process, the current roof material is a membrane material with metal. Due to cost concerns and future modifications potentially in the future with a bigger HVAC, they were looking at what options would meet those criteria, primarily the cost, so they did ask for a shingled roof replacement option and also a metal roof replacement option. From the contractors that responded, they did receive those options.
He and the Museum Commission met and reviewed the responses and ranked them according to the criteria provided in the RFP. They looked at the experience and reliability of the entities offering the proposals, what product they were proposing to use, the capabilities and schedule of the proposers, how they were best able to meet that requirement, and the price.
The proposals were relatively close, but the defining factor in the initial review was the warranty provided. One proposer did offer a longer installation craftsmanship warranty of 10 years for the work in addition to the warranty provided by the manufacturer of the product.
Another defining factor was the overall work schedule. One of the proposals had allowed for removal and replacement in 30 days, and the other proposal was upwards of 2 months.
The proposal from Palmer Roofing, which was also the lowest price, had the best schedule, warranty, and price. They could capitalize on all three of those categories with one proposal, so that is the one being presented. The lowest price of the two options from Palmer Roofing is the one presented, which is the shingled option. Mr. McQuisten explained he is presenting both options based on the Commission's interest.
Commissioner Harvey asked for clarification on both options provided by Palmer Roofing. Mr. McQuisten explained that the first is the metal option for $366,110.00. The second option is the shingle composition option for $316.045.00. Commissioner Harvey asked what warranty they had settled on for the shingled option, as they had not specified. Mr. McQuisten explained that they provided an additional scope of work outside their price response: a Malarkey Legacy Shingle that would have an extended warranty from the product manufacturer.
Commissioner Harvey requested clarification on the decision from Mr. McQuisten and the Museum Commission to select the shingle option instead of the metal option, which is $50,000.00 more, but the life expectancy is roughly 50 years plus. Mr. McQuisten explained that they were looking primarily at the cost of the overall project and the ability to modify the roof in the future more easily. If and when they have a couple of other projects, such as solar panels and HVAC units, either roof system could accommodate the ability for roof penetration, but the shingle roof system might accommodate it better.
Commissioner Harvey expressed concern that he personally, on his own house, bought 40-year and it lasted 16 years. He got almost nothing back on the warranty, so he will be replacing a very expensive on his own. He added that roofing shingles are worn and abused by the weather, whether its heavy ice or snow. He explained that sections of the 40-year roofing shingles could be removed and replaced if needed, and the warranty is expired or voided.
Commissioner Harvey asked about the membrane being a rubber down in the lower flat areas. Mr. McQuisten explained that the RFP specified a .6 mm membrane, and both proposers offered the same membrane material from different manufacturers. Commissioner Harvey added that they replaced the rubber material on the Sheriff's office after 30 years. Mr. McQuisten added that a significant component of the current membrane roof is that it stops exactly where the metal roofing ends. All manufacturers require a minimum of two feet of overlap of the material going under, whether metal, shingle, or any other material. One of the major components that will be addressed in the replacement process is meeting those specifications.
Commissioner Harvey added that it also addresses the painted metal capping on the parapet walls where the rubber roofing goes up under and is capped. Mr. McQuisten stated that it would only go where it needs. This RFP doesn't address the parapet wall around the entire complexity of the building. The Museum will have to address that in the future because it is needed for the overall integrity of the building.
Commissioner Harvey asked if they would be cutting a groove and then inserting an overlapping flashing over the rubber roofing as they have had problems on the courthouse roof where it's pulled down below the flashing. Mr. McQuisten explained that for the layout of this roof structure, the membrane would go up the parapet wall which is the inside of the outside wall of the building. It goes up and over the top and adheres to the outside edge in the areas where the membrane is on the parapet walls.
All installation will be to the manufacturer's specifications as the RFP did not specify installation processes. They require that all proposers go back to the manufacturer for the product they are installing, and they would follow their predetermined installation process for any conditions that exist around the building.
Commissioner Bennett thanked Mr. McQuisten. He noted that this project will be funded out of the Local Assistance and Tribal Consistency Fund that they allocated and is also under budget. That is the $6.5 million that the County received over the two years. Commissioner Harvey added that this will not be general fund dollars. Commissioner Bennett reiterated that it is considerably less than budgeted. He explained that they need to authorize the facilities director for up to 10% of the project amount for cost overruns or change orders.
Mr. McQuisten thanked Commissioner Bennett as he wanted to address that specifically. The intent would be for any exclusions that all the proposers have on their exclusions outside the scope of the material provided. Since the project is more or less a remodel and they are removing material, there may be an unseen or undiscovered condition, such as leaking, where they would want to address a structural component of that roof. Although he does not anticipate such discovery as he has been able to look at most of the roof from the attic access point and has yet to identify any points of concern, there are some areas right under the membrane that he cannot see. Once the material comes off, they may identify something that would be beneficial to correct. The 10% would allow him to address concerns outside the RFP's scope.
Commissioner Harvey stated that he had addressed it in their RFP proposal request. They will be overlaying the entire roof with plywood and a base membrane underneath the rubber where the flattest areas are, which will alleviate much concern. Since it is already included, there probably will not be much other than just some basic structure that might be weathered or rotted from water infiltration. Mr. McQuisten agreed and explained that he genuinely does not anticipate much, if any, but thought it was prudent to include it in case he finds something that needs to be addressed rapidly.
Commissioner Bennett moved to approve the Museum Commission's recommendation for the roof replacement of the Baker Heritage Museum from Palmer Roofing for $316,045.00 and additionally allocate from the same funding source up to $31,000.00 that they could authorize the Facilities Director to address exclusions for change orders. Commissioner Nichols seconded the motion. Motion carried.
Discussion: Commissioner Harvey thanked Mr. McQuisten. He asked if they thought it would start by this spring. Mr. McQuisten clarified that they are looking at the month of May.
3. Technology: Purchase and Installation of Fiber Internet at the Museum:
Ms. Christena Cook, County Accountant, was present to discuss the installation of fiber internet at the Museum. She reported that as a part of the Local Assistance Tribal Consistency Funding they have received, they set aside funds for technology, cyber security, and equipment upgrades. Part of that they had planned to put in a dedicated fiber line into the museum. They have received bids from two local providers, Inland Development Corporation and Lumen. In the past, they have had success working with the Inland Development Corporation. Inland submitted a bid for $16,028.00, which includes the 25 megabit for 36 months and the installation. Lumen submitted a bid for $20,750.00, which also includes the 25 megabit for 36 months and the installation. They recommend that the commission approve the installation of the fiber into the Museum with the Inland Development Corporation contingent on the approval of the museum board. She has talked to Ms. Lynn Weems, Museum Director, and they approve of the additional monthly charge. Their monthly charge will go from roughly $45.00 per month with a cradle point to the direct fiber line, which will be about $160.00 per month. Ms. Cook reported that Ms. Weems saw no concern with that, but they still need to run it by their board.
Commissioner Bennett added that this is within what they budgeted for the Local Assistance Tribal Consistency Fund and is less than initially budgeted.
Commissioner Bennett moved to approve the installation of fiber internet at the Museum with Inland Development Corporation for $9728.25. Commissioner Nichols seconded the motion. Motion carried.
4. Commissioners: Authorization to Exercise Option to Purchase Ward Property: Commissioner Harvey reported that at the August 3, 2022, Commission Session, the Board of Commissioners approved the Option Agreement and Agreement of Purchase and Sale with the Trustees of the Crawford-Ward Family Revocable Living Trust and Craig Ward and Mark Ward.
At the October 19, 2022, Commission Session, the Board of Commissioners prioritized funding for projects using the ARPA LATCF funds. Part of that prioritization was to exercise the option to purchase the Ward property.
Today the Board of Commissioners need to authorize the option to purchase the property with the Commission Chair signing closing documents outside of session. Commissioner Bennett reiterated that this funding comes from a combination of the American Rescue Plan Act and the Local Assistance and Tribal Consistency Fund.
Commissioner Bennett moved to approve the Option Agreement and Agreement of Purchase and Sale with the Trustees of the Crawford-Ward Family Revocable Living Trust and Craig Ward and Mark Ward for $1,377,500.00 plus closing costs with the Commission Chair signing out of session. Commissioner Nichols seconded the motion. Motion carried.
5. Commissioners: Agricultural Lease Agreement ~ ARM Ward Ranches:
Commissioner Harvey reported that ARM Ward Ranches have indicated that once the County finalizes the purchase of their property, they would like to lease the property back for the 2023 crop year beginning January 1, 2023, through the completion of harvest of the 2023 mint crop, but no later than October 1, 2023.
Commissioner Bennett moved to approve the Agricultural Lease Agreement with ARM Ward Ranches. Commissioner Nichols seconded the motion. Motion carried.
c. City of Unity: The Baker County Board of Commissioners acting as the City of Unity City Council
1. City of Unity City Manager Agreement: Commissioner Bennett recused himself from the discussion.
Commissioner Harvey discussed the Manager Agreement with the City of Unity. He reminded everyone that Baker County Board of Commissioners is authorized to act as City Council for the City of Unity until they have their full council in place, which they may or may not be attempting to do. The agreement is to have somebody provide administration for services for January 1, 2023 to June 30, 2023 in the amount of $300.00 per month reimbursement for cellphone, and travel expenses if needed for City of Unity business. They would be authorizing the hiring of a citizen Mark Bennett of Unity to continue the services until no longer requested by the city of Unity.
Commissioner Nichols moved to approve the City of Unity Manager Agreement with Mark Bennett for $300.00 per month plus cellphone and travel expenses. Commissioner Harvey seconded the motion. Motion carried.
Discussion: Commissioner Nichols added that one thing they have accomplished for Unity is get them out of debt. Commissioner Harvey added that another is a water tower project that is currently being worked on.
d. Road Department: Order No. 2022-147 Petition to Vacate a Portion of the County Road #865, Sardine Creek Road:
Road Master Nolan Perkins was present to discuss the Petition to vacate a portion of County Road #865, Sardine Creek Road. Mr. Perkins reported that there was a road vacation in 2019. Property owners requested to add two more sections to the road vacation. If it is unanimous for all property owners, ORS 368 351 allows them to proceed with one hearing. Both property owners have signed and were notarized on the vacation papers. He explained that they are looking at two sections on the south end of the two parties' property, and it is written Township 10 Range 43 Section 9 & Section 11. With the Board of Commissioner's vote approving this, it will be cleaned up and will be done. Mr. Perkins stated Mike Widman is present if there are any questions for him, but they have agreed, and both property owners are happy to do this.
Commissioner Harvey asked Mr. Perkins if the County Road Department will be installing signage to indicate that the remainder of that road section will be closed to the public so that when people approach a gate, they understand that it is not allowable for them to go through. Mr. Perkins answered no. Commissioner Harvey asked if the property owners are required to within the agreement. Mr. Perkins responded that they are not; it is entirely up to them if they want to put up no-trespassing signs. He explained that there is already a gate there. Commissioner Harvey stated that the gate there will add confusion to the general public because the other two portions of the road, either south or north, are public access roads. He would like to attempt to make communication to the public by way of signage. Mr. Perkins agreed that they can put up signs, but he would like to reserve the fact not to maintain it for an extended time because they will be shot, and it's an extra expense. Commissioner Harvey thinks it will be due diligence on their part to inform the public of this action so that they don't get it misconstrued as just a landowner locking a gate. Commissioner Bennett suggested that it would be better to put a sign at the beginning. Mr. Perkins agreed.
Mr. Mike Widman commented that when they did this in June 2019, the petition for the ranch included two orders, and evidently, it was not taken care of, so this should be a slam dunk. It was just something that happened, and Mr. Perkins approached him to see if he was okay with it. His concern is that there are two locked gates in the event of a fire. Commissioner Harvey added that in the event of a fire, Emergency Management is authorized to cut locks, address the issue, and then replace the locks later. He is just concerned about the public not knowing what is going on, and he doesn't want to irritate them because they think somebody is choosing to lock a road unauthorized. A sign helps to communicate with the public as well as the landowners. Mr. Widman explained that he wasn't sure how this happened and that this went on for over three years, and wanted to ensure the door was closed.
Mr. Tork Ballard asked if this is a County Road. Mr. Perkins responded that yes, it is. Mr. Ballard asked for an explanation of what happened in 2019. Mr. Perkins explained that they vacated the upper section and attempted to vacate the lower section, but they never finished it. Mr. Perkins explained that he thinks few people would be able to travel safely on the road and that it is not suited for most vehicles. Mr. Ballard reported that he used to drive the road frequently. He asked if the upper end of the road had been a county road. Mr. Perkins responded that it was.
Mrs. Ballard is also opposed to closing the road. They use all county roads to take drives and enjoy the land looking at flowers, wild game, and the change of seasons. She believes every inch of the road is important regardless of the gate. She reported being unaware of any input from the public on the previous closure other than the property owners.
Mr. Andy Ballard also voiced his opposition to the road vacation. He explained that public access to County Lands and National Forrest lands has been a popular discussion in Baker County over the last 10-15 years. As it relates to the property in discussion regarding its condition and maintenance, many seek out roads specifically due to their conditions. He continued that just because a road may be considered unnavigable for some are very important to others, whether it is two miles or 200 yards. Baker County to LaGrande, not long ago, there were over 5,000 people that said they objected on petition going back 15 years for any further closures to public access. He wanted to remind everyone that this is the sentiment of the public at large, and to shut these lands off for the interest of ranchers is not serving the public at large. Commissioner Bennett stated that he agreed with Andy but that, in this case, the road goes to their private property and goes nowhere. They explored it to make sure there was not any access to public lands. Use of the road would be a joy ride through someone's ground that you cannot even get out of as there is no turnaround. It was also intended to be closed in the 2019 vacation order, and this is to try and straighten it out.
Mr. Ballard asked if only the upper portion was vacated in 2019, then why the gate was locked. Commissioner Bennett stated that no one had brought it to their attention, and they were unaware it was locked.
Commissioner Bennett explained that since it does not have access to public lands and is a cleanup of what was overlooked he would like to make a motion. Commissioner Nichols and Commissioner Harvey agreed.
Commissioner Bennett moved to approve the petition to vacate the portion of County Road #865, Sardine Creek Road. Commissioner Nichols seconded the motion. Motion carried.
e. Public Hearing: Order No. 2022-146 Adopting the 2023 Baker County Fee Schedule:
This is the second of two public hearings to receive comment on the proposed 2023 Fee Schedule. The first hearing was held on December 7, 2022. No public testimony in favor or opposition has been submitted. The changes will take effect January 1, 2023.
Commissioner Bennett moved to adopt Order No. 2022-146. Commissioner Nichols seconded the motion. Motion carried.
f. Statewide Transportation Improvement Funds (STIF) or Federal Highway Authority Funds (FTA) 5310 Application Approval:
Ms. Doni Bruland, Natural Resources Director, was present to discuss Statewide Transportation Improvement Funds (STIF). Ms. Bruland reported that, generally, this would have been a meeting where she presented a list of projects to the Board of Commissioners that had been ranked by the Transportation Advisory Committee for approval of the application. The State of Oregon has determined that what they used as sub-recipients the last few years are no longer, as the statute will not allow it. Commissioner Harvey asked for clarification on what the state will not allow. Ms. Bruland explained that the state would no longer allow them to use a sub-recipient. They have to go through a formal request for proposals process now, which she is currently working on. It will be based on the projects they presented to the Transportation Advisory Committee. Then after they have received the funds from ODOT and the RFPs, it will be up to the next commission to award the proposals.
Commissioner Harvey asked if this was following the directive of ODOT. Ms. Bruland agreed that they are following the directive of ODOT.
She is requesting permission from the Commissioners today to apply to the State of Oregon for the STIF Funds and the FTA Federal Funds to continue their transportation program in Baker County. Ms. Bruland explained that their program includes the trolly, non-medical emergency transport out of town, transports for shopping & medical, workforce on demand where they pick up someone at their home and take them to their place of employment, and free rides for high school students 9 am -12 pm. They have been under contract with Community Connections, Elkhorn Taxi, and Step Forward. She assumes those three entities will be putting in bids per this proposal. It will be around $350,000 this year alone and about the same amount next year that they will have to finance and continue funding their transportation services. Commissioner Harvey added that they have expanded the services over the last few years. It also includes access to LaGrande workforce transportation and doctors or hospital visits. The taxi service is also an after-hours medical service taking someone home from the hospital after hours.
Commissioner Harvey thanked Ms. Bruland for her efforts. Ms. Bruland added that the cooperation between Community Connections and Elkhorn Taxi has created an envious transportation system because people can now be served 24/7.
Commissioner Bennett moved to approve the application to the Oregon Department of Transportation for this Statewide Transportation Improvement Funds Grant and the Federal Highway Authority Grant for 2024-25. Commissioner Nichols seconded the motion. Motion carried.
g. Discussion: Fuel Prices:
Mr. Bill Mitchell citizen was present to give testimony on fuel prices in Baker City. He began by thanking Commissioner Harvey and the Commission, as well as Dave Hunsaker, for their actions on the Museum today. That facility is one of the finest facilities for a community of this size.
He continued to explain the issue he would like to discuss today regarding a growing concern in Baker County for fuel prices. He has traveled to Pendleton, Halfway, and the Treasure Valley just this weekend, Saturday to now, and from first-hand experience, most places are 30-50 cents less per gallon. He stated that he was not talking about Costco in Nampa, which would be an inappropriate comparison. Gas is cheaper in Halfway, Farewell Bend, and North Powder than it is on Campbell Street and 10th Street here in Baker City.
Mr. Mitchell reiterated that there is a growing concern throughout the community. He stated that he is unsure who to talk to or what action needs to be taken. He referred to a recent newspaper article that brought light to the issue. The only discussions he has seen are on social media, so he hoped there would be a discussion elsewhere.
It is disdain to see the price at $4.69 in Baker City and $4.29 in North Powder. He said he might start taking his Albertsons points and 25-gallon tanks and fill up in North Powder. He stated that he wanted to go on record while representing other concerned citizens. He thanked the Commissioners and commended the work they have done together as The Board of Commissioners.
Ed Mr. Hardt added to the discussion also referring to the recent news article he explained that when they get a load in they have to price adjust. He continued that the way he has always seen it here in Baker City that before the loads were delivered the price increased. He stated that it seems in Baker City that the fuel prices decrease slower than anywhere else, and he has not been able to figure out why. He thinks there is some monopoly.
Commissioner Harvey explained that there are many outside the area-owned gas stations, so he does not believe there is a monopoly. He does believe that they watch prices from other stations so they will all roughly be about the same price. He explained that he is not sure why and does not know what can be done about it. He added that he is not sure that the Commission would have any authority or even the state. He stated that it certainly warrants questions. He noticed it himself while traveling to Boise and pays the same painful price as well. He thanked both of them for their comments.
h. Lynn Weems, Museum Director ~ Update
Commissioner Harvey asked Ms. Lynn Weems, Museum Director, for a quick update on the Museum.
Ms. Weems stated they are closed for the season, but the gift shop is open for holiday shopping and will close on Friday. They are working on dismantling the central gallery exhibit, Extraordinary Women in Baker County, and this coming year will be a new exhibit of Chinese Legacies.
Commissioner Harvey asked for an overview of the joint effort with BLM and Baker County this year. Ms. Weems explained that it went very well. She expressed that Sarah, who is in charge of the project with BLM, is great to work with, and she believes the partnership was beneficial for all. BLM is looking to give back and be more recognized in the community, which they have accomplished this year. They sold many Oregon Trail books in the gift store, so many people were very interested in the fact that the Oregon Trail was in their building. They saw more visitors, which she believes were from the BLM being there. Still, she also thinks people are looking for something different while on vacation, like educational enrichment activities.
Commissioner Harvey wanted to reiterate the efforts that Ms. Weems and the BLM made for the last year to combine services to the community so that Baker County did not lose the interest of people coming by Baker County for the BLM exposure and to come into the Heritage Museum as well. He greatly appreciates the combined efforts. Ms. Weems added that the BLM built a great exhibit they will leave behind for the Heritage Museum.
i. Parks: Richland Waterline:
Commissioner Harvey discussed the ongoing project of the Richland waterline. The project proposes putting a waterline from the Richland Water Services out to Hewitt Holcomb Park. They have received an analysis from Anderson Perry that states it is feasible. The analysis report includes a needs analysis and the ability to service the needs from the City resources. They agree that it is possible to do this without jeopardizing the supply for the City.
Commissioner Harvey expressed his concern that this is a long-term project for Baker County Parks. One of the detriments Baker County has suffered greatly for many years is inadequate water service for the community in Richland. In particular to the people that come to Baker, many people come to Baker and have for 30-40 years as families to enjoy the park setting in Richland. The two detriments they have is always water, one to drink and one to fish and swim. They cannot control the fish or swimming water, but they have an opportunity to do something about the drinking water because of the funding opportunities Baker County has received recently. Commissioner Harvey would like to see the project move forward as it has been his long desire. He has worked out at the parks for many years and has seen the great need for this. He wants to encourage the future Commission and current Commissioner to continue to go after the project and do due diligence to bring it to fruition so that it can be a great addition to Baker County's Park system.
He believes that because we lack water service, people choose to visit other parks. He added that people currently live there year-round to take care of the Park's facilities, and he believes they cannot continue using the water there for showers, laundry, and anything else. He requested that the new Commission please continue the process of the project.
He further requested that they would do as the City of Richland asked not to have any services available off the pipeline to protect them from running short and to do the 4-inch line. There is only a difference in supply costs of $18,000.00 based on a bid from the Richland Phone Company that gave him a cost analysis between a 3-inch and 4-inch pipe. The 4-inch is a reservoir, and he encouraged them to never build with the absolute bare minimum and always to allow room for growth. The 4-inch line would also guarantee that they would have more than enough water pressure, as there has to be a minimum of 30 pounds of pressure. The funding they proposed is in a contract with the company that is already doing a line for their fiber optics, and it is cheaper to combine efforts than to start from scratch and do it over.
Commissioner Nichols asked if they had received a written amount from the Richland Phone Company. Commissioner Harvey stated that he had not, as the discussion happened right before his surgery. Commissioner Nichols explained in the report for Anderson and Perry that both lines would work and would provide over the minimum amount of water pressure. During slack times, it could significantly decrease the pressure but could also increase it up to 80 pounds, so they may need to put a pressure reducer on each spigot. He added that because of the small difference, he agrees that the 4-inch line would be better.
Commissioner Harvey wanted to remind everybody that the Parks in Richland do not have sewer service, so any RV would only have the capacity of their holding tank. Typically, he has witnessed three days with about a 50-gallon holding tank, so they don't need 120 gallons a day service for an RV that cannot hold the capacity. They will not have a septic system big enough to handle the Park, so there will never be sewage services, only water. The original recommendation was to have three meters, one at Holcomb Park, one at the north end of Hewitt Park, and one at the south end of Hewitt Park, so that they could measure the water use and pay rightly to the City of Richland for that use. There would be additional costs in connecting up all of the systems out there, but designing the final project will be in the hands of the new Commission. Commissioner Nichols added that he thinks they are on board with the project.
Commissioner Harvey thanked everyone for the ability to give his last comments on the topic.
6. Documents to be Signed
a. None
7. Ratification of Documents
a. Financial Reports: C64, M08, V06, C63, C65, Treasurer’s Financial Report for November, and the November 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 he had been out for back surgery. He wanted to take the opportunity to thank everyone again for the pleasure of working for Baker County and to serve in Baker County. It has been a great joy that he will take with his the rest of his life. It has been many years of friendships grown and relationships built upon.
· Commissioner Bennett reported continual work on the discussion for the Local Assistance and Tribal Consistency Fund. He wanted to encourage the new Board of Commissioners to consider a project coordinator or manager because of the millions of dollars the County has, roughly 15 million dollars in Federal and State Funds. There are a lot of funds out there for housing and broadband. There are 2 million for EOC, and there is still a large portion of the ARP and the LATCF. The amount of work to keep all the funds and projects sorted is more than the Commissioners, and current staff can keep up with. Mr. McQuisten will be taking on the roofing project, and someone will need to be delegated to oversee the Sheriff's project, workforce housing, and the Mason Damn.
Commissioner Bennett is still serving as the Chair of the Legislators Wildfire Council. They have had many meetings trying to sort out the map. He will continue to be the County Representative, although not representing Baker County. There have been many Wolf issues in the past few weeks. He thinks the new Board of Commissioners will have to push the County to be identified as an area of known wolf activity (AKWA) instead of small sections here and there. Lastly, Commissioner Bennett wanted to thank everyone for being colleagues and for the opportunity to serve as a Commissioner for almost ten years and a County employee for nearly 30 years. He began as the Emergency Management Director for the Halfway floods and had not intended on staying, but like many things in life, that is what happened. He appreciates the opportunity to serve the people to work with as colleagues and friends, and he looks forward to continuing to see everyone in the near future. He thanked Ms. Heidi Martin, Executive Assistant/HR Director. She always keeps Commissioners in line and focused. You can always count on her. He also thanked Ms. Christena Cook, County Accountant, Mr. Nolan Perkins, and all Department Heads. He thanked everyone once again for the opportunity, and he believes they made the pace better.
· Commissioner Nichols reported attending a zoom meeting on 12/20 regarding Measure 114. The meeting outcome was that EOCA approved hiring an attorney from the valley. The attorney will do a fixed fee contract with Eastern Oregon Counties Association to file a brief as a friend of the court in the Harney County case on Measure 114. The Commissioners that attended the meeting unanimously approved hiring the attorney. It could be up to $10,000.00, but he will only charge $5,000.00. There was another entity LGBTQ that was joining as well. The attorney asked the counties in Eastern Oregon to contact their Sheriff's Office and ask what the potential cost would be to their departments and if the County could afford it because it is an unfunded mandate by Measure 114. Commissioner Nichols contacted Sheriff Ash, and a rough estimate of the cost to implement Measure 114 would involve hiring another position at approximately $100,000.00 and purchasing updated fingerprinting equipment at approximately $50,000.00. This would be roughly a $150,000.00 hit to the General Fund Budget, which is mandated by this measure that Baker County would have to incur, which is an extra burden on the taxpayers. He will supply the information to the attorney, and other counties will as well in an attempt to strengthen the case. The President of the Eastern Oregon County Association, Paul Anders, checked all of the Eastern Oregon Counties' votes in favor and opposition of Measure 114 and determined that 56.5% were in opposition compared to 43% in favor of Measure 114. Every County in Eastern Oregon was in opposition to Measure 114. He believes that what they are doing is a good thing, and if it worsens in the future, the County may want to join in individually.
b. Comparison of Calendar:
1. Holiday Schedule: Commissioner Harvey discussed Christmas coming up and that he would like to continue the tradition of closing at 2:00 p.m. on Friday December 23rd to allow staff to prepare for the holiday weekend. They will not be closing early for the New Year holiday.
9. Adjournment
The December 21, 2022 Commission Session adjourned at 11:00 A.M.
Respectfully Submitted,
Erin Linan
Management Assistant
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