COMMISSION CHAIR SHANE M. ALDERSON June 28, 2023
COMMISSIONER CHRISTINA WITHAM
COMMISSIONER BRUCE A. NICHOLS
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the June 28, 2023, Special 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
a. Juvenile: ODE Grant Agreement No.15660 Amendment No. 1 (See Contract Review Board)
b. Remove: Contract Review Board: No. 3 Transit: a. Elkhorn Taxi 1. & 2.
3. Scheduled Business
a. Contract Review Board
1. Sage-grouse LIT: 2nd Amendment to David, Evans, & Associates Professional Services Agreement: The Board of Commissioners discussed and agreed to table this amendment at the June 21, 2023, Commission Session, as a few modifications needed to be made before approval. Ms. Morgan Solomon, Sage-grouse LIT Coordinator, made the necessary adjustments and is requesting approval of the amendment today. She reported that the National Environmental Policy Act (NEPA) report is needed for each project. Although there have been NEPA reports for other projects in the same area, requirements for the NEPA report have changed over time. Additional information is needed from when the last NEPA report was completed.
Commissioner Witham moved to approve the Sage-grouse LIT 2nd Amendment to David Evans and Associates Professional Services Agreement for the Baker County Virtue Flat Recreation Area OHV Wash Station NEPA to extend the project deadline to January 31, 2024. Commissioner Nichols seconded the motion. Motion carried.
2. Amendment No.1 to the Professional Services Agreement with Mark Bennett for Project Manager Services: The Board of Commissioners approved an agreement with Mark Bennett to oversee the Unity water tower water system improvement project and consulting services related to ARP/LATCF and housing from February 1, 2023, through June 30, 2023, at the February 1, 2023, Commission Session. However, there is a need to continue these services. Bids were requested from Mr. Fred Warner, Mr. Mark Bennett, and Farallon Consulting. Mr. Warner and Farallon Consulting declined. Mr. Bennett proposed to continue services for an additional amount not to exceed $9,000.00 for the remainder of the year for a total agreement amount not to exceed $15,000.00.
Commissioner Witham asked for clarification on the bid request processes. Ms. Heidi Martin, Executive Assistant, explained that an informal bid process can be followed for anything under $150,000.00. A formal bid process must be followed for anything over $150,000.00. Commissioner Alderson explained that they identified individuals familiar with the type of work, and Mr. Bennett has also been working with him on housing and the hospital birth center closure. Commissioner Nichols explained that Mr. Bennett has worked a lot with the Oregon Health Authority and has many contacts that may be able to help with the birth center closure.
Discussion: Dan Garrick of Baker City asked what the overall cost of the water tower is and why consultants are needed. Commissioner Alderson explained that consultants are necessary due to the bandwidth and size of the projects. Commissioner Witham explained that it was originally due to LATCF funds and the State tying his name to it. Commissioner Alderson explained that getting in with the treasury is difficult, and Mr. Bennett is already set up on it. Mr. Bennett was also the acting City Manager for the City of Unity when the water project started. Commissioner Nichols added that Mr. Bennett lives in Unity and can monitor what is happening.
Mr. Garrick asked what the total cost would be. Commissioner Nichols clarified that the total cost is $15,000.00.
Commissioner Nichols moved to approve the Professional Services Modification Agreement with Mark Bennett for a total amount not to exceed $15,000.00 for $35.00 per hour set to expire December 31, 2023. Commissioner Witham seconded the motion. Motion carried.
3. Juvenile: ODE Grant Agreement No. 15660 Amendment No.1: The amendment extends the current contract through June 30, 2025, and funds the Youth Accountability Officer position. The original agreement was effective July 1, 2021. The amount is the same as the current biennium of $63,000.00.
Commissioner Nichols moved to approve Amendment No. 1 of Grant Agreement No. 15660 through the Oregon Department of Education Juvenile Crime Prevention Fund. Commissioner Witham seconded the motion. Motion carried.
b. Parks: Hewitt/Holcomb Richland Waterline Update: Commissioner Alderson reported attending the Richland City Council meeting on June 23rd to discuss the letter of agreement. County Counsel drafted a revised agreement for the Commissioners to review.
Commissioner Witham disagrees with #2 in the agreement that "Upon completion of the Project, County will retain responsibility for maintenance and repair for a period of twelve (12) months.". She explained that she would like them to take possession once it is installed. Commissioner Alderson explained that Richland would disagree because they want to see it operate for 12 months. Their budget would be unable to shoulder repair within the first 12 months. Commissioner Nichols believes the 12-month period is reasonable because the County would be the one that contracts the project. He also believes that it would be under warranty for major repairs.
Commissioner Witham discussed #6 "County will include the installation of saddles for connection of potential customers along the line in the Project design.". She believes it should depend on the saddles' price as they are unsure of the cost. Commissioner Alderson is uncertain if they can secure funding if they do not show that the waterline will benefit citizens, not just the parks. Ms. Martin added that the letter of agreement is only a preliminary document. Commissioner Alderson explained that #10 says, "Additional agreements may be executed in the pursuit of completing the project in meeting the purpose of the project. Those may include, for example, an agreement involving transfer of ownership of the completed waterline, and/or agreements for design changes. All such agreements will be made in writing, signed by City and County." so nothing is set in stone.
Commissioner Witham would also like all Commissioner signatures to be on the letter of agreement.
Discussion: Mr. Garrick added that Oregon requires for any contract over $2,500.00 that the contractor be liable for one year. He also explained that saddles would cost more than $100.00.
Commissioner Witham also explained that the language for #6 needed to be plural for water meter locations at the parks, as there are currently two known.
The consensus was to change the #6 language to be plural, add three signatures, and for Commissioner Alderson to get it to the City of Richland for review.
c. Predator Control Monies: Predator control monies are divided into ten units in the County, including Baker Valley, Bowen Valley, Bridgeport/Hereford, Durkee, Haines, Halfway, Keating, Medical Springs, Richland, and Unity.
In 2022-23, there was a total of $6,000.00 which resulted in $600.00 per unit. The amount has varied over the years, depending on available funds. Historically, landowners have paid for predator control through flying or trapping. When the County receives a bill from the trapper or airport, the County pays half up to the amount within the unit. Any unused funds in other units can be used at the end of the year to pay vendors who did not receive funding.
The following has been proposed; The units will remain the same with a map that outlines each unit who are willing participants. For each unit, there would be a designated point of contact (POC) who would coordinate the predator control activities within that unit, including trapping or flying. The POC will be responsible for any permits required. Billing would be submitted by the POC to the County for reimbursement based on available funds within that unit. Funds will not be transferred between units. If funds within that unit are not used, they will go back into the general fund budget to be allocated as needed for the next year.
Commissioner Witham moved to approve the predator control $6,000.00 in a separate budget line for a total budget broken out into ten units in the County for $600.00 per unit for a total of $6,000.00 for 2023-24 and as proposed. Commissioner Nichols seconded the motion. Motion carried.
d. Bureau of Land Management Land Use Rule Comment: Commissioner Witham reported that the BLM Land Use Rule is open for comment for fifteen days, with a deadline of July 5th. Ms. Doni Brunland, Natural Resource Director, drafted a comment on behalf of Baker County. Commissioner Witham would like all Commissioners to sign it to show support. The land use rule encompasses conservation plans with permits and is threatening grazing, mining, and all BLM accesses.
Commissioner Alderson expressed concern about land being managed by individual conservation groups. Ms. Bruland added that they could also keep the public off of their parcels. Also, it is thought that the conservation plans written by the permitees will not go out for public comment as they do now.
Commissioner Nichols discussed some changes he wanted to make to the comment.
Commissioner Witham moved to approve the BLM Land Use Rule Comment with the discussed changes and reviewing and signing out of session. Commissioner Nichols seconded the motion. Motion carried.
e. Mosman Comment: Commissioner Witham explained that Ms. Kim Mosier, County Counsel, had presented the Mosman Decision during a previous commission session. The Mosman Decision involves the Oregon State Hospital and limited durations that individuals can be treated and dismissed without full recovery.
Commissioner Alderson quoted the Marion County letter explaining what the Mosman Decision has done. He explained that the short duration individuals can be held is often not enough time for the hospital to stabilize them enough for the individual to be able to speak for themselves in court or function in the community.
Commissioner Witham added she was able to contact Alvin Klausen, Government Relations for Marion County Board of Commissioners, regarding signing Marion County's letter to the governor. Mr. Klausen responded that it was too late to sign the letter as it had already been sent but that they are still accepting sign-ons for future reference.
She explained that she would rely on Commissioner Nichols and Commissioner Alderson to collect and provide any information on the impact.
Commissioner Nichols reported discussing the issue with Ms. Shari Selander, New Directions CEO. It causes the State Hospital to release individuals into their county, making the county responsible for them. It can put a major burden on law enforcement, hospital, and county. It is also unfair to the patients that are released prematurely.
The consensus was to have Commissioner Nichols contact Mr. Klausen to see how they could sign on in the future and to collect statement letters from New Directions, the Sheriff, Meghan Chancey, Health Department Director, and Dr. Eric Lamb, Baker County Health Officer.
4. Other Business:
a. Commissioner Update:
b. Comparison of Calendar:
5. Adjournment
Commissioner Nichols moved to adjourn the meeting. Commissioner Witham seconded the motion. Motion carried.
The June 28, 2023, Special Commission Session adjourned at 10:20 A.M.
Respectfully Submitted,
Erin Linan
Management Assistant |