COMMISSION CHAIR SHANE M. ALDERSON June 7, 2023
COMMISSIONER CHRISTINA WITHAM
COMMISSIONER BRUCE A. NICHOLS
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the June 7, 2023, Commission Session. Present were Commissioner Shane M. Alderson, Commissioner Christina Witham, and Commissioner Bruce A. Nichols.
1. Call to Order/Invocation/Pledge of Allegiance
Commissioner Alderson called the meeting to order and led the invocation and the pledge of allegiance.
2. Agenda Changes/Additions to the Agenda
a. Fair: Order No. 2023-131 Designating Big Ass Fans as a Sole Source Provider (See Contract Review Board)
b. Fair: Executive Director Services Agreement Discussion (See Scheduled Business)
3. Citizen’s Participation
a. Arthur Sappington of Baker City presented the Snake River Music Gardens’ annual update. He reported that this weekend starts afternoon music in the park. He would like to get the message out to all the Veterans in the community, as the band performing will do a special presentation for the Veterans.
He also reported that they provide honeybee swarm captures for colonies nested in structures.
He stated on 5th and D Street in Baker City is the Urban Garden, which has received USDA recognition for being the only Urban Community Garden in Eastern Oregon.
4. Review/Approval of Minutes
a. May 17, 2023, Commission Session Minutes
Commissioner Nichols moved to approve the May 17, 2023, Commission Session Minutes. Commissioner Witham seconded the motion. Motion carried.
5. Scheduled Business
a. Emergency Management/Fire/Mason Dam Update ~ Jason Yencopal, Emergency Management Director, Gary Timm, Fire Division Manager, & Joe Johnson, Program Manager
Jason Yencopal, Emergency Management Director, Gary Timm, Fire Division Manager, & Joe Johnson, Program Manager, were present to give a department update.
Mr. Timm discussed the Fire Program created by the County in 2003. The Program links the County to Federal, State, and local fire agencies, including the US Forest Service, the Bureau of Land Management, the Oregon Department of Forestry, and thirteen rural or municipal fire departments across the County. There are also three Rangeland Fire Protection Associations (RFPA), two of which they were instrumental in developing. The Program focuses on fire prevention & outreach/education, training, planning, grants, and response.
Prevention & outreach/education start in the spring with Wildfire Awareness Week in May. Through the schools, the Agencies, primarily the US Forrest Service, work with children to teach them about campfires and fire safety. Mr. Timm stated that he believes their biggest accomplishment regarding prevention in Baker County is the establishment of the three fire-wise communities and the three they are developing.
Their department arranged an entry-level Incident Command System (ICS) Training in Halfway. In April, they participated in a conference on Local Emergency Preparedness Committees (LEPC) in Redmond, OR. He reported that the Oregon Department of Forestry and the Oregon Department of Corrections have a Prison Program for training incarcerated adults to create fire crews that can provide fire suppression assistance and camp support. Mr. Timm has trained over 125 incarcerated adults.
Their department applies for many grants, including the OSFM Community Wildfire Risk Reduction Grant, USDA Forest Service Community Wildfire Defense Grant, OSFM Hazardous Material Emergency Preparedness Grant, and the Community Wildfire Protection Plan Investment Grant.
Commissioner Alderson commented on the Prison Program's impact and commended Mr. Timm on his work.
Mr. Yencopal explained that a couple of years ago, they took on the Eastern Oregon Regional Medical Reserve Corp (MRC), where the Hospitals from Region 9 pool their funds, and as a result, they were able to hire Mr. Johnson as a coordinator for the MRC.
Mr. Johnson explained that the Eastern Oregon Medical Reserve Corp enhances preparedness, responder capabilities, and search capacity & readiness during times of crisis and noncrisis. Volunteers supplement existing healthcare workers and emergency responders to improve overall preparedness. Currently, they service 11 counties, covering 28,514 square miles with a population of over 200,000. Mr. Johnson coordinates over 170 volunteers.
Through the FEPP and the MRC, Mr. Johnson supported the Baker City Preparedness Fair. The Preparedness Fair had a great turnout and networking opportunities.
Their department receives grants from the National Association of County and City Health Officials (NACCHO) for funding the MRC position, trailer purchases, and supplies. The HEC Grant also helps fund the MRC position, supported the purchase of a Starlink satellite, and funded the chemical and radiation annexes for hospitals of regions 6&9. They also applied for the MRC State, Territory, and Tribal Nations, Representative Organizations for Next Generation (STTRONG) Grant. It will help fund the MRC position for two years and purchase additional trailers if awarded.
The purchase of additional trailers stationed throughout Eastern Oregon will help with the County Captain Program Mr. Johnson is piloting. The Program focuses on eliminating some travel throughout the 11 counties and involves having one point of contact in each county to help train and manage volunteers.
Mr. Yencopal discussed the funding for Emergency Management, which comes from the Emergency Management Performance Grant (EMPG) with specific requirements for training, exercises, and an operational plan update. He confirmed that the requirements had been met and submitted, and he is working with the State on changes to the Continuity of Operations Plan.
Regarding the Ambulance Service Area (ASA), he mentioned plans to convene the ASA Advisory Committee to discuss goals, objectives, and suggestions for improving ambulance services in the County.
He also mentioned that they submitted a letter requesting an extension for the start of construction on the Mason Dam, which is currently under review.
He reported that the County will transition from using Alert Sense as the primary mass notification system to Everbridge OR-Alerts, following the State's decision to provide Everbridge access to each county. Alert Sense will serve as the secondary system.
b. Public Hearing
1. SRS Title III Funding: This is an annual public hearing for Secure Rural Schools (SRS) Title III Funding. Historically, the funding has been committed to the Baker County Emergency Management Fire Management Position, an interagency program linking Baker County to Federal-state and local fire agencies. The funding has been committed to Fire Prevention and Community Wildfire Protection Planning and Project Implementation. The options include Fire Prevention, Firewise Communities, training and equipment, Community Wildfire Protection Planning, Search and Rescue, and telecommunications. Mr. Timm is recommending to approve committing SRS Title III Funding to the Baker County Fire Division for continued work on Interagency Fire Prevention Programming, Firewise Community development and support, and Community Wildfire Protection Planning.
There was no public testimony in favor or in opposition.
Commissioner Witham moved to approve committing the SRS Title III Funding USDA Forest Service Funding for the 2023-24 Budget to the Baker County Fire Management Position. Commissioner Nichols seconded the motion. Motion carried.
c. Contract Review Board
1. Health Dept.: Professional Services Agreement with Monte Anderson, PA-C, for Mid-Level Services at the School Based Health Center
Commissioner Nichols moved to approve the Professional Services Agreement with Monte Anderson, PA-C for Mid-Level Services at the School-Based Health Center for $60.00 per hour 10 hours per week during the school year beginning July 24,2023, through June 6, 2024. Commissioner Witham seconded the motion. Motion carried.
2. Health Dept.: Professional Services Agreement with Laura Van-Duker, PA, for Family Planning Services at the School Based Health Center
Commissioner Nichols moved to approve the Professional Services Agreement with Laura Van Duker, PA, for Family Planning Services at the School-Based Health Center for $60.00 per hour 10 hours per month during the school year beginning July 1, 2023, through June 30, 2024. Commissioner Witham seconded the motion. Motion carried.
3. Health Dept.: Professional Services Agreement with Eric Lamb, M.D. for Health Officer Professional Services at the Health Dept. and School Based Health Center
Commissioner Nichols moved to approve the Professional Services Agreement with Eric Lamb, M.D. as the Baker County Health Officer and for Professional Services at the Health Department and School-Based Health Center for $2,000.00 per month beginning July 1, 2023, through June 30, 2025. Commissioner Witham seconded the motion. Motion carried.
4. Tech: Clerk Microfilm Machine Bid Approval: The Clerk’s Office Microfilm Machine is outdated and no longer functioning. The technology department received quotes from Integra and STI Imaging on comparable machines. They are requesting approval to purchase a View Scan 4 for $10,385.00 and a one-year Maintenance/Support Agreement for $600.00 from STI Imaging.
Commissioner Witham moved to approve the purchase of a View Scan 4 for $10,385.00 and a one-year Maintenance/Support Agreement for $600.00 from STI Imaging. Commissioner Nichols seconded the motion. Motion carried.
5. Classification& Compensation Study Bid Approval:
During the last negotiation with the SEIU group, the County agreed to conduct a compensation study before the next negotiation. The SEIU contract is set to expire on June 30, 2024. Bids were requested from four different consultants, with two declining, one with no response, and one response from HR Answers. HR Answers quoted $200.00 per hour, not to exceed $55,600.00. Their proposal includes a compensation and classification study for both the SEIU and Non-represented group. The last compensation and classification study that was completed was done in 2000.
Since then, the County has added various positions to meet the needs of services provided. Changes in the SEIU group may impact the Non-Represented group. Reviewing the positions simultaneously will allow the County to address any compression issues and correctly place added positions in the County’s pay structure. HR Answers also proposes to conduct an internal pay equity analysis. The Equal Pay Act was signed into law in 2017 to address pay disparities. Their analysis will identify any inequities and make recommendations for corrections. HR Answers will also provide a template for the County to utilize when adding new positions that will help the County place them correctly within the pay table based on comparable characteristics such as knowledge, skill, effort, responsibility, and working conditions. The prior Commission recommended using LATC Funds to pay for this Classification & Compensation Study & Analysis. The findings will be given to the SEIU group, and the County will be able to negotiate wages and benefits before the expiration of their contract, with changes taking effect on 7/1/24. The Non-represented group is not under contract, and the County can choose to make compensation adjustments as needed.
Commissioner Nichols moved to approve the bid from HR Answers for a Classification and Compensation Study & Analysis for $200.00 per hour not to exceed $55,600.00. Commissioner Witham seconded the motion. Motion carried.
6. Statewide Transportation Improvement Fund (STIF) and Federal Transportation Administration (FTA) 5310 Fund Bid Approval & Notice of Intent to Award: An RFP for STIF and FTA 5310 funding was open from February 1, 2023, through February 15, 2023. Community Connection of NE Oregon (CCNO) and Elkhorn Taxi responded to the RFP by submitting project proposals. A workgroup was selected to review their submissions and make a recommendation to the Board of Commissioners. The workgroup met on May 30, 2023, and reviewed the proposals.
Ms. Doni Bruland, Park/Natural Resource Director, presented the workgroup's recommendation to approve the STIF and FTA 5310 projects submitted by CCNO and Elkhorn Taxi and to publish the Notice of Intent to award as per the RFP.
Ms. Heidi Martin, Executive Assistant, said they could accept the recommendation today by signing the Notice of Intent Letters. The letters would be sent out then there would be a five-day protest period. As two providers, CCNO and Elkhorn Taxi, each submitted proposals for STIF and FTA 5310 funding, there will be four contracts, and anytime after the protest period, they can enter into those agreements with the providers.
Commissioner Witham moved to approve the recommendation to approve the STIF and FTA 5310 fund bid approval and Notice of Intent to Award to Community Connection of Northeast Oregon and Elkhorn Taxi. Commissioner Nichols seconded the motion. Motion carried.
7. Fair: Order No. 2023-131 Designating Big Ass Fans as a Sole Source Provider & Cockram Arena Fan Purchase Approval: The Fair Board is requesting approval to designate Big Ass Fans as a Sole Source Provider. Fans from Big Ass Fans are quiet and cause little disturbance to animals. They are the only company that produces these fans.
Commissioner Nichols moved to approve Order No. 2023-131 Designating Big Ass Fans as a Sole Source Provider. Commissioner Witham seconded the motion. Motion carried.
The Fair Board is requesting approval to purchase a 14’ Powerfoil D Ceiling Fan Kit from Big Ass Fans for $7,492.00 for the Cockram Arena. The Arena is extremely hot with no air movement in August when it is full of people and animals. Fair Board members Michelle Kaseberg, Mike Sullivan, Ron Rowan, Dean Defrees, and Terri Siddoway all approve the purchase.
Commissioner Nichols moved to approve the purchase of a 14’ Powerfoil D Ceiling Fan Kit from Big Ass Fans for $7,492.00. Commissioner Witham seconded the motion. Motion carried.
8. Road: Culvert Purchase Approval: The Road Department would like to purchase culvert pipe from Treasure Valley Pipe for $68,902.05. Purchasing various sizes of culvert pipe in bulk saves approximately 15-18% if otherwise purchased on an as needed basis.
Commissioner Nichols moved to approve the purchase of culvert pipe from Treasure Valley Pipe for $68,902.05. Commissioner Alderson seconded the motion. Motion carried.
9. Road: Grader Purchase Approval: The Road Department would like to purchase a Caterpillar 12M2 grader from Umatilla County for $160,000.00. The grader was purchased new by Umatilla County in 2016 and has been well maintained in their fleet maintenance program. The new grader would be replacing a 1991 John Deer 772BH that will be sold at auction.
Commissioner Nichols moved to approve the purchase of a Caterpillar 12M2 Grader from Umatilla County for $160,000.00. Commissioner Witham seconded the motion. Motion carried.
10. Road: 2023 Community Wildfire Risk Reduction Grant Update: Mr. Nolan Perkins, Road Master, was present to discuss the 2023 Oregon Office of State Fire Marshal's (OSFM) Community Wildfire Risk Reduction Grant for the Rock Creek/Bulger Flat WUI Egress & Ingress Fuels Project awarded to the Baker Co. Road Department. The Grant is in cooperation with the Wildland Urban Interface (WUI). The purpose of the project is to reduce the vegetative fuels along County roads with the Rock Creek/Bulger Flat WUI which includes Bulger Flat Lane #566, Big Muddy Creek Lane # 636, Little Muddy Creek Lane #583, and South Rock Creek Lane #552 to improve the safety of residents, future developments, and visitors, as well as, to increase the effectiveness and safety of firefighters and first responders. The plan is to complete most of this outside of the fire season. The approved grant award amount is $307,346.00.
Commissioner Nichols moved to approve the Road Department signing the 2023 Wildlife Risk Reduction Program (“CWRR”) Grant Agreement No. 2023-CWRR-001 for $307,346.00. Commissioner Witham seconded. Motion carried.
d. Public Hearing
1. Order No. 2023-129 Renaming Tamarack Lane to Trial End Road: Mr. Tim Smothers, Planner, reported that Baker County identified a road name duplication where a road was platted years ago with the name ‘Tamarack Lane”. There is an identical road name in a different location in Baker County. The Planning Department proposed changing the name of the road and the majority of property owners who abut the road chose the road name “Trail End Road.” The Planning Department verified the road name meets the standards of the Baker County Road Naming Ordinance. The Road Department verified ‘Trail End Road’ does not duplicate and is not substantially similar to other road names in the County.
There was no public testimony in favor or opposition.
Commissioner Nichols moved to approve Order No. 2023-129. Commissioner Witham seconded the motion. Motion carried.
2. Order No. Ordinance No. 2023-01 Regulating the Removal of Homeless Individuals Camping on Public Property: Ms. Kim Mosier, County Counsel, discussed two bills passed in the last biennium by the state legislature related to homeless individuals on public property. She explained that HB3115, now ORS 195.530, requires changes to laws regulating activities such as sitting, sleeping, lying, or keeping dry on public property open to the public. The County has one Parks ordinance that does regulate those activities, specifically relating to the part of the ordinance that prohibits overnight camping on any other Parks property that is not Hewitt/Holcomb Park where overnight camping is allowed. That provision in the ordinance has changed slightly to clarify that overnight camping is not permitted in those areas due to their remote nature and lack of resources to ensure safety and security.
HB3124 requires municipalities and counties to have a policy for removing homeless individuals camping on public property, which the County incorporated into this ordinance. The statute outlines the elements that have to be in that policy, and those requirements have been included in this ordinance. The ordinance outlines the process for removal, including a 72-hour notice and requirements for handling personal property.
Commissioner Alderson asked if any of the mayors had questions regarding the ordinance. Ms. Erin Linan, Management Assistant, shared that Ms. Valerie Russell, Haines City Recorder, asked if the small cities needed to pass this ordinance by July 1st. Ms. Mosier clarified that HB3115 has a deadline of July 1, 2023, for municipalities to review and ensure that any regulation they have complies. There is no specific deadline for the removal policy, but the phrasing suggests that it needs to be completed now. The County has previously provided template ordinances to the small cities for their consideration, allowing customization or direct adoption with appropriate modifications. Ms. Mosier reiterated that the ordinance is not specific to Baker County, except for the whereas statements, as it directly aligns with the state statute.
Commissioner Alderson requested clarification on the ordinance's impact on municipalities with existing regulations. Ms. Mosier responded that it is county-wide and does not affect cities within their city limits. The ordinance applies solely to the County's public properties open to the public in the unincorporated areas. Emergencies, such as law violations or health hazards, may exempt the 72-hour notice requirement, allowing immediate action.
There was no public testimony in favor or opposition.
Commissioner Nichols moved to approve Ordinance No. 2023-01 Regulating the Removal of Homeless Individuals Camping on Public Property by title only and declare it an emergency. Commissioner Witham seconded the motion. Motion carried.
Ms. Martin added that because they are declaring it an emergency, it will take effect immediately.
e. Parks: Hewitt/Holcomb Park Waterline Letter of Agreement Discussion:
Commissioner Witham stated she had reviewed the proposed Letter of Agreement from the City of Richland. She noted that the City of Richland discussed the Letter of Agreement at their City Council meeting on May 26th. However, the Commissioners were not notified that it would be an agenda item. Commissioner Alderson agreed and explained that he had contacted Mayor Lattin before their City Council meeting, who had reported that their Legal Counsel was reviewing the agreement. He requested that Ms. Erin Linan, Management Assistant, check with the City of Richland to see when their next meeting was scheduled. Ms. Linan emailed the City of Richland on May 9th. Patti Crews, Richland City Recorder, responded, "Currently scheduled for May 19, but we may not have a quorum which would push it back to the 26th.". There was no further communication. Commissioner Alderson and Commissioner Witham agreed that if they had been aware that the Letter of Agreement would be an agenda item, Commissioner Alderson would have attended their meeting.
Commissioner Witham believes the letter needs to be revised. Commissioner Alderson explained that one of the issues discussed with Richland was that the County does not have a water department and, therefore, no one to maintain the waterline. Commissioner Witham agreed that the City of Richland is the utility for the water.
Commissioner Alderson is agreeable to connecting the homes along the route to the Park to the waterline if the engineer thinks there will be enough water. That being said, each will have a meter, and the City will profit from each. Typically, the homeowner is responsible for the water line from the home to the meter. Commissioner Witham reported that the City of Richland had stated that the property owner would be responsible for the costs associated with hooking up to the waterline at the March 17th Richland City Council Meeting. Commissioner Alderson and Commissioner Witham also agree that they would be okay with installing the saddles to accommodate the homeowners that would like to tie into the waterline.
They would like the language regarding the pipe size to be removed from the Letter of Agreement and be decided by the engineer. They also agree that the County cannot be the utility on the line. When it reaches Hewitt/Holcomb Park, the County will be responsible for everything between the two Parks. The utility can charge a nonresidential utility fee to the Park and residential utility fees to anyone that ties into the waterline. They agree charging fees pays for the line maintenance, and as a result, it makes sense that the utility would be responsible for maintenance.
Ms. Martin added that this is just a preliminary agreement and that there would be a more formal contract later.
Commissioner Nichols stated that he thinks Richland may not understand everything and someone needs to go to Richland to explain and negotiate the terms of the agreement.
The consensus was to put together a list of proposed changes for Commissioner Alderson to present to the Richland City Council.
f. Fair: Executive Director Professional Services Agreement Discussion: Ms. Mosier discussed the Executive Director Services Agreement. The Fair Board had another attorney help draft the contract. Ms. Mosier has given some input to help address the Commissioners' concerns, mostly regarding public contracting requirements. The Executive Director will guide the Fair's public contracting projects. They must ensure all contracting adheres to the County's public contracting resolution. Since the proposed personal service contractor, who will be the project manager for the contracts, has been a contractor in the construction field, there was concern that there may be a conflict of interest in the future. A conflict of interest clause was included in the agreement to address the concern. The clause does not prevent or create barriers to completing the work. It provides a process for resolving a conflict if one were to arise.
Ms. Mosier discussed the list of exclusions she noticed when reviewing the agreement this morning and wanted to point it out to the Commissioners. The contract includes project management, and the list of exclusions are services that the contract does not include. If the exclusions include a service that will be provided or needed, public contracting will guide how to get those services contracted. The language in Exhibit C discusses a change order, and Ms. Mosier suggests removing it. The exclusions can be contracted separately, but the additional tasks must be contracted through public contracting, not as a change order or an amendment. That process would include any contract over $5,000.00 brought to the Fair Board for approval and then to the Commissioners as Contract Review Board for final approval.
Commissioner Alderson explained that as long as the conflict of interest issue can be resolved, he is okay with accepting the Fair Board’s recommendation, and they can add it to the June 21st Commission Session agenda. They cannot make a decision today as the agreement was received with insufficient time for proper public notice.
Commissioner Witham inquired about the Fair Board amending the proposed contract Exhibit C with the language Ms. Mosier suggested. Ron Rowan, Fair Board Chair, present via Zoom, stated he would do what they need to do on it. He asked if Mark Johnson, a Prospective Contractor for the Executive Director Services Agreement, was present and if he was okay with Ms. Mosier's suggestions. Mr. Johnson addressed Ms. Mosier directly. Ms. Mosier explained that they might need to discuss it further to understand what the Fair Board recommends and then present it to the Commissioners.
6. Documents to be Signed
a. EDC: Quail Ridge Golf Course Commitment Letter: Commissioner Nichols discussed his recommended changes to the letter, including the estimated project cost of $1,500,000.00, adding "The Baker County EDC believe that Quail Ridge Golf Course is an economic generator for Baker County and are interested in this collaboration to enhance our community.", and removing item number 5 "Other funding sources should be utilized prior to requesting funds from Baker County.".
Commissioner Witham asked Ms. Martin if item number 5 referred to if Baker City found the funding in full. Ms. Martin agreed that it was referring to if they found it in full. Commissioner Witham explained that if they found a grant that would cover most of the project, the County is requesting to come in last. Ms. Martin suggested changing item 5 to " If the City is able to obtain other funding in full, those funding sources should be utilized prior to requesting funds from Baker County.".
Commissioner Nichols explained that they would have to go out for proposals first, and they might be able to request proposals by the end of this year. From his understanding, there are going to be multiple funding sources. Some of the Golfers will also support the project.
Commissioner Nichols is okay with signing the letter today as they are clear on their changes, the next Baker City Council meeting is next Tuesday, and it would be good to get it to them before then.
Ms. Martin confirmed the changes discussed. The Commissioners agreed on the changes.
Commissioner Nichols moved to approve the Quail Ridge Golf Course Commitment Letter for signature out of session with the changes discussed. The motion had no second. Motion failed.
Commissioner Witham and Commissioner Alderson were opposed.
Commissioner Witham moved to approve revising the Quail Ridge Golf Course Commitment Letter, attaching the EDC Letter to it, and bringing it to the June 21st Commission Session for review and a decision. Commissioner Alderson seconded the motion. Motion carried.
Commissioner Nichols was opposed.
b. Order No. 2023-130 Appointing Mike Cook to the Taylor Grazing Committee.
Commissioner Witham moved to approve Order No. 2023-130. Commissioner Nichols seconded the motion. Motion carried.
7. Ratification of Documents
a. Financial Reports: C05, C08, C09, C11, C12, V13, C15, C79, C80, C81, C82, C83, and the April Revenue/Expenditure Report.
Commissioner Nichols moved to approve the aforementioned financial reports. Commissioner Witham seconded the motion. Motion carried.
8. Other Business:
a. Commissioner Update:
· Commissioner Witham handed out flyers and reported that on Friday, June 9th, at 10:00 a.m., there would be a discussion with the Oregon Water Resources Department regarding Oregon's water at The Little Pig. They review the water strategy for Oregon every five years and were visiting other counties, so Commissioner Witham requested they stop by on their way through. She wanted to ensure that any concerns for Baker County's water are covered. The Marine Director will visit Hewitt/Holcomb Park on June 13th, so they will have a rope cutting for the new office and a barbecue. The Taylor Grazing Committee held its annual meeting on May 26th, where they worked through many topics, including funding. There are funds available until June 29th for range land improvements. The Taylor Grazing Committee requested a meeting with BLM, Forrest Service, and others to see where they are at with spraying noxious weeds and how Taylor Grazing can help with their current excess in funds. NRAC has an upcoming meeting on June 27th at 3:00 p.m.
Discussion: Commissioner Witham reported that BIC has an upcoming meeting on July 7th in Union County. They are asking for a cooperative agreement with Baker County and an answer by the 7th. She explained that we already work in coordination with the Forrest Service. She plans on not giving up any coordination in signing the cooperative agreement they are looking at, but it may give the County more say in the initial reviews of the Blue Mountain Forrest Plan revision.
Commissioner Alderson mentioned that it might need to be approved in session. Commissioner Witham agreed.
Commissioner Nichols explained that it would probably be okay as they already have coordination, and adding the cooperative agreement could give them more say and a seat at the table.
Mr. Sappington requested to speak on behalf of the Jefferson Mining District. He stated that he is a Coordinator for the Jefferson Mining District and spent many years determining the difference between coordination and cooperation. He continued and explained his understanding of the difference between the two.
Commissioner Witham explained that this is a cooperative agreement with the agencies on the BIC Committee only. She reiterated that they would ensure that there is no clause that takes away any of their rights in coordination. She has talked to the Baker County NRAC about the cooperative agreement, and they have not found any issues with it. Commissioner Nichols agreed and did not see a problem with it.
· Discussion: Ms. Mosier reported that there has been a discussion between the Association of Oregon Counties and the Oregon County Counsel Association regarding a federal decision from last fall called the Mosman Decision. A federal judge changed how long individuals can be kept at the State Hospital. If someone is accused of a crime but cannot participate in their defense, they could be sent to the State Hospital for rehabilitation. State law allows for a year for misdemeanors and three years for felonies. The Mosman Decision instructed the State Hospital to keep individuals for 90 days up to a year. It considerably changes the length of time individuals can be held for rehabilitation. It also created some changes to whether or not individuals could be civilly committed at the State Hospital level. It keeps individuals with the most severe mental health issues in communities or returns them to communities before they have been rehabilitated to a point where they can aid and assist in their defense. It has affected Marion County drastically as that is where the State Hospital exists. Other counties are also reporting that it is affecting the safety of their communities. AOC has invited them to consider signing on to the letter that Washinton County and Marion County have written to Governor Kotek and the Oregon Health Authority Director with suggestions for how to help counties experiencing the consequences of the federal decision. Ms. Mosier stated that she would get them a copy of the letter and suggested that it may be helpful to talk with local law enforcement and mental health to see if they have noticed a change.
· Commissioner Alderson will meet with Kathleen Cathey and Mayor Aspy in Halfway today. He plans to attend the Fair Board meeting on June 13th.
· Commissioner Nichols reported attending Senator Merkley's Town Hall meeting, a Community Connection meeting, a NEOEDD meeting, and a Museum meeting. He plans to attend the Powder Basin Watershed Strategic Planning Session today and the Legislative Committee meeting on June 12th.
b. Comparison of Calendar:
· Ms. Martin discussed the decision at the May 31st Special Commission Session to open an RFP to allow Step Forward or anyone wanting to apply for Transit funding. Due to the timeline for the RFP, there may be a Special Commission Session on June 28th.
· Commissioner Alderson and Commissioner Witham will attend AOC County College June 15th-17th.
9. Adjournment
Commissioner Nichols moved to adjourn the meeting. Commissioner Witham seconded the motion. Motion carried.
The June 7, 2023, Commission Session adjourned at 11:45 A.M.
Respectfully Submitted,
Erin Linan
Management Assistant |