COMMISSION CHAIR SHANE M. ALDERSON June 21, 2023
COMMISSIONER CHRISTINA WITHAM
COMMISSIONER BRUCE A. NICHOLS
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the June 21, 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. Planning Update ~ Holly Kerns ~ Planning Director (See Scheduled Business)
b. Remove: Elkhorn Taxi from CRB item No.7 a. & b.
3. Citizen’s Participation
a. Curt Jacobs, Rancher, from Keating, was present to discuss Predator Control Funds. He believes the Predator Control Fund must remain separate from the Wildlife Services Fund. He explained that the money is needed for predator control activities. They have been using the funds for helicopter services that are necessary. The same services cannot be delivered in a fixed-wing aircraft which is what Wildlife Services offers.
Commissioner Witham asked Ms. Heidi Martin, Executive Assistant if the Predator Control fund had historically only been used for helicopter services or any Predator Control. Ms. Martin explained that it has been available for any predator control activities. Although it has primarily been used for flying, it has also been used for trapping. Mr. Jacobs explained that he likes the airplane too because some coyotes get used to the helicopter. He reported that they killed over 150 coyotes in the helicopter, and in the airplane, they killed only 25 in the same area. Commissioner Witham suggested discussing whether or not to move the Predator Control line to Wildlife Services line during the budget hearing.
b. John Wirth discussed his background in Baker, Union, and Wallowa counties providing predator control such as flying and trapping. He worked with Animal Damage Control, now Wildlife Services, until they left Baker County in the 80s. He still traps in Baker County.
From his experience, he believes the helicopter and traps are the best tools. He agrees with Mr. Jacobs that the airplane will have difficulty maneuvering in the same territory as the helicopter. Although he thinks Wildlife Services are needed, he mentioned that it would be difficult for them to cover the area with only one part-time or full-time position.
Mr. Wirth believes that Predator Control and Wildlife Service funds should remain separate.
Commissioner Nichols spoke with several citizens regarding Wildlife Services and their preference for using an airplane or helicopter for predator control. He reported that most of the citizens believed the helicopter was the most efficient but that the airplane was also needed. The terrain makes the most difference in which aircraft to use. They also wanted to see more funds overall for predator control.
Commissioner Nichols explained that one of the current issues with the predator control program is that bills are coming in late and causing delays in the budget. He believes that most agree that a mixture of predator control and Wildlife Service activities is needed as coyote and predator issues are worsening for producers.
4. Review/Approval of Minutes
a. May 31, 2023, Special Commission Session Minutes
Commissioner Nichols moved to approve the May 31, 2023, Special Commission Session Minutes. Commissioner Witham seconded the motion. Motion carried.
b. June 7, 2023, Commission Session Minutes
Commissioner Nichols moved to approve the June 7, 2023, Commission Session Minutes. Commissioner Witham seconded the motion. Motion carried.
5. Scheduled Business
a. Admin Update ~ Christena Cook, County Accountant
Ms. Christena Cook, County Accountant, was present to give a department update. Her department operates with two full-time and one part-time position. Their goals for the next year include looking into all aspects of the department to incorporate electronic archiving and storage. Their APs are electronically stored, so if there is a need for copies of invoices for auditors or department heads, they can be emailed. They have discussed the electronic disbursement of expenditure reports which is set up, and they will begin testing within the next couple of months. Ms. Cook and Commissioner Nichols have also discussed pursuing an upgrade to the software package for admin and other departments.
b. Planning Update ~ Holly Kerns, Planning Director
Ms. Holly Kerns, Planning Director, was present to give a planning update. She addressed incorrect information her department has received from the public over the last few weeks regarding a statutory requirement that land use decisions are to be completed within ten days. There is a statutory deadline for land use decisions; by statute, all planning departments across Oregon have thirty days to deem an application complete or incomplete. After the application completeness period, they have 120 days to reach a final decision within the urban growth boundary and 150 days outside the urban growth boundary. Their department usually well exceeds the statutory deadline. The applicant has the ability to waive that time period. They choose to do that sometimes in their favor as they find it is in their best interest to resolve issues that arise.
Application volume remains high, with a strong interest in building. The planners have been working additional hours trying to complete all the applications. As a result, they have seen the application time increase. This year is consistent with previous years, seeing an influx in applications in May and June. They also are continuing to recruit a planner.
c. Museum Update ~ Lynn Weems, Museum Director, Cammy Warner, Museum Board Chair, & Dave Hunsaker, Museum Board Member
Ms. Lynn Weems, Museum Director, Ms. Camille Warner, Museum Board Chair, and Dave Hunsaker, Museum Board Member, were present to give an update on the Museum.
Ms. Warner explained that the Museum Board and Friends of the Museum are a passionate group invested in keeping the County assets intact, including history and artifacts and historic buildings such as the Natatorium and Courthouse.
Ms. Weems reported that the Baker Heritage Museum (BHM) needs a new HVAC system. They need support from the County as seed money to allow them to apply for grants. One of the grants they plan to apply for is from CREF. They will apply in March but will not be awarded for two-three years.
The installation of a new HVAC system would lower utility and upkeep costs, lessen dust/dirt that damages artifacts, enhance presentation and education programs by reducing noise volumes, and stabilize the environment assisting in their ability to obtain future grant funding for artifact/collections management. It would also allow the Museum to remain open year-round, which could help the community's economy. Currently, there are 10,000-12,000 visitors annually, which results in $1-1.2 million in local spending and nearly 1,000 jobs. Remaining open year-round would positively impact BHM's operating budget and allow them to serve more underserved populations within the community.
Regarding artifacts, it is essential to manage heat and humidity levels and prevent further deterioration of museum artifacts.
Mr. Hunsaker reported that they put together a funding strategy they believe will be successful. It has been successful in the past for Baker County, known for putting together partnerships and getting funding from various sources to achieve an objective over time. Their three-prong funding strategy relies on County, State, and private funds. In the past, they set forth with seed money and have successfully obtained partners to achieve an objective. In this case, it would be to achieve an objective for a new HVAC system in the Museum. They are seeking matching funds from Baker County as seed money for the grant applications. They are also seeking seed money from the Museum's budget. If they receive seed money from Baker County, that demonstrates in the private sector and at the state level that there is a commitment from Baker County for one of its assets. The state has some infrastructure grants that private non-profits cannot apply for, but the County can submit a response. They have a volunteer that has been very successful in grant writing who they are happy to share.
Overall, they have a County match, Museum match, and potential State infrastructure grant. In addition, they have the entire private sector, including the Friends of the Museum, with some seed money, donations the Museum has received, and granting institutions such as Adler, Meyer, Ford, OCF, etc.
The BHM has a credible history of success in raising funds. Their contract target is FY2026-27.
Discussion: Commissioner Alderson asked Ms. Cook how they could proceed as he is unsure when they would receive the second installment of the Local Assistance and Tribal Consistency Fund (LATCF). Ms. Cook explained that the Board of Commissioners needs to address the remaining LATCF to reassert what they would like the projects to be.
d. Public Hearing
1. 2023-24 Budget Hearing:
Ms. Cook reported budgeting for the first installment they already received and the second installment they plan to receive of LATCF. The presented budget has had no changes and was approved by the Budget Board. The $6,000.00 from Predator Control is in Wildlife Services and can be moved now or by resolution after approving the budget. She suggested they could decide later to give them time to discuss adding additional Predator Control funding or moving the $6,000.00 to the Predator Control line.
Ms. Cook continued there are two resolutions for approving the budget. Resolution No. 2023-1006 is the Ad Valorem Property Tax and recognition of the weed levy. Resolution No. 2023-1007 is the 2023-24 Budget, which itemizes and appropriates the budget by category in non-departmental departments or by the sub-department totals. The total budget is $51,568,809.00.
a. Resolution No. 2023-1006 Ad Valorem Property Tax
Commissioner Nichols moved to approve Resolution No. 2023-1006 Declaring the Ad Valorem Property Tax and Categorizing the Property Tax Limitation for Baker County For 2023-24. Commissioner Witham seconded the motion. Motion carried.
b. Resolution No. 2023-1007 2023-24 Budget
Commissioner Nichols moved to approve Resolution No. 2023-1007 Adopting the 2023-24 Baker County Budget and Making Appropriations there of Resolution Adopting Budget for 2023-2024 in the total sum of $51,568,809.00. Commissioner Witham seconded the motion. Motion carried.
Commissioner Nichols moved to approve Resolution No. 2023-1007 Adopting the 2023-2024 Baker County Budget and Making Appropriations there of Resolution Making Appropriations. Commissioner Witham seconded the motion. Motion carried.
There was no public testimony in favor or opposition.
e. Contract Review Board
1. Assessor: Intergovernmental Services Agreement: Map Maintenance Contract # DOR-177-23: The annual renewal of the map maintenance agreement with the Department of Revenue Cartographic unit is currently in approved assessment budget for 2023. They are proposing up to 130 hours of map maintenance and related activities at $70.00 per hour for a total cost not to exceed $9,100.00.
Commissioner Nichols moved to approve the Intergovernmental Services Agreement Map Maintenance Contract # DOR-17723 for map maintenance and related activities for $9,100.00 and the ratification of Kerry Savage, Assessor’s signature. Commissioner Witham seconded the motion. Motion carried.
2. City of Unity: Amendment #1 to the Coronavirus State Fiscal Recovery Fund Grant Agreement #8215:
Ms. Martin clarified this is a project for the City of Unity, but the Board of Commissioners is still acting as Baker County. She reported that in May of 2022, they received a grant for $500,000.00 from the Department of Administrative Services (DAS) Coronavirus State Fiscal Recovery Fund (CSFRF) to improve water storage at the City of Unity. The Commissioners at that time hired Mark Bennett to oversee the project. The amendment removes the single audit requirements and adds language relating to the admin fee in the grant agreement.
Commissioner Witham asked if they would take an admin fee for the grant. Ms. Martin explained that she did not think they would. Ms. Cook added that $500,000.00 would not cover the entire project cost, so they were waiting to see what they could accomplish with that amount. She recommends taking an admin fee if the project can support it and be completed. They usually take the federal de minimus rate on federal monies.
Commissioner Witham moved to approve Amendment #1 to the Coronavirus State Fiscal Recovery Fund Grant Agreement #8215 City of Unity Water Tower Project. Commissioner Nichols seconded the motion. Motion carried.
3. Order No. 2023-133 Designating REALM Inc Baker City as a Sole Source Provider: Mark Bennett was hired to oversee the project. Since the budget is $500,000.00, and the project estimate was $574,000.00, Mr. Bennett investigated alternative solutions for improving the water system while remaining within the budget. He met with several contractors, and one suggested considering poly-lining the interior of the water tower. Multiple firms were contacted, with all but REALM Inc Baker City declining. REALM Inc. Baker City participated in multiple site visits, assessed the internal portion of the water tower, and provided a preliminary written estimate of the scope of work and cost estimate for unanticipated repairs. After meeting with County Counsel, they determined that REALM Inc. Baker City would qualify as a sole source provider based on their ability to meet the timelines, being the only provider who can meet the timelines within the budget. Due to the project deadline, the potential loss of grant funding, and licensing, Mr. Bennett is requesting approval of Order No. 2023-133 Designating REALM Inc. Baker City as a Sole Source Provider for the Unity Water Tower Project.
Commissioner Witham moved to approve Order No. 2023-133. Commissioner Nichols seconded the motion. Motion carried.
4. Sage-grouse LIT: 2nd Amendment to David, Evans & Associates Professional Services Agreement: Baker Co. Virtue Flat Recreation Area OHV Wash Station NEPA:
Ms. Morgan Solomon, Sage-grouse LIT Coordinator, reported that on March 16, 2022, the Board of Commissioners approved a professional services agreement with David, Evans, and Associates (DEA) to complete a NEPA report for a potential Off-Highway Vehicle (OHV) wash station near Virtue Flats. There are two site locations, one at Ruckles Creek and one at Highway 86. Their 1st Amendment amended the timeline from March 30, 2022, to June 30, 2023, due to limited capacity within BLM's archeological department and cultural survey delays. Since then, new issues have surfaced with cultural survey delays due to capacity. However, the main concern they have had to address is that the OHV wash station would be visible from the Oregon Trail, which could have implications for cultural resources on BLM land. They performed a viewshed analysis in GIS and an on-the-ground analysis. Due to the circumstances and limited capacity, LIT is requesting approval of a 2nd Amendment to the Agreement with DEA to extend the timeline from June 30, 2023, to January 30, 2024.
Commissioner Alderson asked if BLM did an archeological survey before turning it into an OHV area with a monument. Ms. Solomon explained that she was unaware if they had, but she would find out.
Ms. Martin asked Ms. Solomon for clarification on the proposed amendment. After some discussion, it was determined that the proposed amendment would need to be modified before it was ready for approval and signature. Ms. Solomon agreed to make the necessary changes and bring it to the Commissioners at the next Commission Session.
5. Fair: Executive Director Services Agreement: Dean Defrees, Fair Board Member, and Ron Rowan, Fair Board Chair, were present to discuss the Executive Director Services Agreement. Mr. Defrees reported the agreement had the modifications previously discussed with the Commissioners and County Counsel.
Commissioner Nichols moved to approve the Baker County Fair Board Executive Director Services Agreement with Aliuqet, LLC. Commissioner Witham seconded the motion. Motion carried.
6. Transit: ODOT: FTA 5310 Agreement No. 35440: The FTA 5310 funds are administered by the Oregon Department of Transportation (ODOT). The contract is between ODOT and Baker County. The County has a pass-through grant for the reimbursable funds. Two providers, Community Connection of Northeast Oregon (CCNO) and Elkhorn Taxi applied for the funds. The TAC Work Group met on May 30, 2023, and recommended funding as an advisement to the Commission. The contract states that Baker County will be reimbursed in an amount not to exceed $162,148.00. The providers will be responsible for their match percentage, totaling $18,559.00, by the end of the biennium. The total project cost is $180,707.00.
Commissioner Witham moved to approve the ODOT FTA 5310 Agreement No. 35440 for an amount not to exceed $162,148.00. Commissioner Nichols seconded the motion. Motion carried.
7. Transit: Baker Co. Public Transportation Services Purchased Services Contracts:
Community Connections of NE Oregon and Elkhorn Taxi successfully submitted proposals requested through RFP processes for STIF and FTA 5310 Funds for the 2023-2025 biennium. There are four contracts, one for each provider for STIF and FTA 5310. For consideration, today is an agreement with Community Connections for the FTA 5310 and STIF funds. Elkhorn Taxi needed additional time to review their contracts. The TAC Work Group has reviewed and recommends funding the projects.
a. STIF
1. Community Connection of Northeast Oregon:
Commissioner Witham moved to approve The Baker County Public Transportation Services Statewide Transportation Improvement Fund (STIF) Contract with Community Connection of Northeast Oregon for an amount as per page 1 funds. Commissioner Nichols seconded the motion. Motion carried.
b. FTA 5310
1. Community Connection of Northeast Oregon: CCNO will receive an amount not to exceed $137,148.00 from FTA 5310 funds and will be responsible $15,775.00 in match funds from other sources for the 2023-2025 biennium (July 1, 2023 – June 30, 2025). CCNO’s award amount is approximately 85% of the total award amount and the same percentage was applied when determining the match amount for each provider.
Commissioner Witham moved to approve The Baker County Public Transportation Services Purchased Services FTA 5310 Contract with Community Connection of Northeast Oregon for $137,148.00 with a match of $15,775.00. Commissioner Nichols seconded the motion. Motion carried.
6. Documents to be Signed
a. Order No. 2023-132 Authorizing the County Road Official to Spend County Moneys on and Perform Work on the Portion of Beaver Creek Road that is a Local Access Road in Baker County, OR: A landowner has purchased a cattle guard, which the County Road Department would install on a section of Beaver Creek Road #747 that is a local access road. The work will take place at mile point 7.26 of Beaver Creek Road located in Section 15 of T. 11S., R.40E., W.M., Baker County, Oregon, that connects the deeded County Road #747 (Beaver Creek Road) at mile point 5.33 to Highway 7. There are sufficient funds in the Road Department’s 2023-24 budget to allow for this expenditure. The Road Department is requesting approval to expend no more than $4,000.00 of County moneys to install a cattle guard on Beaver Creek Road, a local access road. Commissioner Witham moved to approve Order No. 2023-132 Authorizing the County Road Official o Spend Money on and Perform Work on the Portion of Beaver Creek Road that is a Local Access Road in Baker County for an amount not to exceed $4,000.00. Commissioner Nichols seconded the motion. Motion carried.
b. Tax Refund Resolution No. 98-01: 2022-23 tax refund report.
Commissioner Nichols moved to approve Tax Refund Resolution No. 98-01. Commissioner Witham seconded the motion. Motion carried.
c. Resolution No. 2023-1003 Unanticipated Revenue/Transfers with the General Fund
Commissioner Nichols moved to approve Resolution No. 2023-1003. Commissioner Witham seconded the motion. Motion carried.
d. Resolution No. 2023-1004 Unanticipated Revenue in the County Projects Fund
Commissioner Witham moved to approve Resolution No. 2023-1004. Commissioner Nichols seconded the motion. Motion carried.
e. Resolution No. 2023-1005 Unanticipated Revenue in the County Health Fund
Commissioner Witham moved to approve Resolution No. 2023-1005. Commissioner Nichols seconded the motion. Motion carried.
f. Resolution No. 2023-1008 Transfer within the County Parks Department
Commissioner Witham moved to approve Resolution No. 2023-1008. Commissioner Nichols seconded the motion. Motion carried.
g. Resolution No. 2023-1009 Transfer within the County Weed Department
Commissioner Witham moved to approve Resolution No. 2023-1009. Commissioner Nichols seconded the motion. Motion carried.
h. EDC: Quail Ridge Golf Course Commitment Letter
Commissioner Witham moved to approve the Quail Ridge Golf Course Commitment Letter. Commissioner Nichols seconded the motion. Motion carried.
7. Ratification of Documents
a. Financial Reports: V14, C14, C16, C18, C20, C17, C84, C85, C86, C87, C88, and C89.
Commissioner Nichols moved to approve the aforementioned financial reports. Commissioner Witham seconded the motion. Motion carried.
8. Other Business:
a. Commissioner Update:
Discussion: Commissioner Witham asked about the Federal Energy Regulation regarding the Mason Dam. Commissioner Alderson explained that we received an extension and a mark for submitting the request late.
Commissioner Witham discussed signing the letter from Marion County regarding the Mosman decision. The Commissioners agree they are not in favor of the Mosman decision. Commissioner Witham and Alderson discussed visiting the State Hospital at AOC County College, where five to six codes were called during the forty-five-minute tour. Commissioner Nichols discussed the burden it is putting on the counties. They agreed that they would like to find a way to sign the letter with Marion County.
Commissioner Witham also discussed another letter regarding the BLM's public lands rule. She explained that the letter would state that they oppose the public lands rule. Yesterday was the first deadline, but they extended it for fifteen days. They will review the letter at the Special Commission Session on the 28th.
Commissioner Witham proposed having regular Monday meetings at 1:00 P.M. That would be advertised to the public for the Commissioners to discuss topics that arise but make no decisions. She explained that at County College, she had heard of another County doing this, but it differed from a work session. Ms. Martin explained that typically the second Wednesday of the month was reserved for a work session, but they could set one for any time. Commissioner Witham also requested to have another Mayor Meeting. Ms. Erin Linan, Management Assistant, suggested having the Mayor Meeting on the second Wednesday in July as they would be meeting for the Greater Idaho Discussion on that date. The Commissioners agreed.
· Commissioner Nichols reported he will attend a Powder Basin Watershed Council meeting today at the Library, a NEOEDD meeting tomorrow, and a New Directions meeting on the 27th. He attended a NEOEDD meeting on the 16th, where they discussed the budget.
· Commissioner Alderson reported attending a safety meeting on the 13th. On the 23rd, he will attend the Richland City Council meeting in the morning and meet with Nancy Cozine for County College in the afternoon. On Sunday, he will attend Senator Wyden's Town Hall.
· Commissioner Witham reported attending the Oregon Water Strategy Conversation at the Little Pig on the 9th and the rope cutting/barbecue for the life jacket kiosk at Hewitt/ Holcomb Park on the 13th. The Oregon State Marine Board Director and her assistant were also at the Park on the 13th to discuss docks in poor condition, walkways, and the Idaho Power bank reinforcement. Yesterday with Gary Timm, Fire Division Manager, she visited Wood Tick Village Rattle Snake Estates, the next fire-wise community.
She also discussed the tie with the Oregon State Hospital, Baker County, Anthony Lakes, Leo Adler, and Life Magazine article dedicated to Dr. Brooks's Mountaineering Project.
b. Comparison of Calendar:
There will be a Special Commission Session on June 28th.
9. Adjournment
Commissioner Witham moved to adjourn the meeting. Commissioner Nichols seconded the motion. Motion carried.
The June 21, 2023, Commission Session adjourned at 11:20 A.M.
Respectfully Submitted,
Erin Linan
Management Assistant |