COMMISSION CHAIR SHANE M. ALDERSON August 16, 2023
COMMISSIONER CHRISTINA WITHAM
COMMISSIONER BRUCE A. NICHOLS
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the August 16, 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. Remove: Financial Reports Ratification
3. Citizen’s Participation
4. Review/Approval of Minutes
5. Scheduled Business
a. Department Update: Justice Court ~ Jennifer Stouffer:
Ms. Stouffer was present to give a department update. She reported for FY 2022-23, increases in traffic filings with 2,046, violation filings with 257, and an increase in revenue of about $25,000.00. There was a decrease in misdemeanor crimes with 114.
The department became a violation bureau on August 30, 2022, contributing to the increase in revenue allowing them to use their judgment on fine reductions for cases. However, Judge Kerns determines fine reductions for cases involving driving over 100 MPH, misdemeanor offenses, accidents, or use of a controlled substance, as they do not have the authority.
She reviewed House Bills 4210 and 2001-B, which have changed some of their department processes. HB 4210 repeals driving privilege suspension and eliminates the imposition of driving privilege restrictions for failure to pay a fine. HB 2001-B changes the eviction process for failure to pay rent. Previously, hearings were set out 7-14 days, and now it is 15-30 days for the first appearance. After the first appearance, it is set out for another 15-30 days, causing landlords to wait a month to evict a tenant.
Ms. Stouffer informed the Commissioners of future department staffing changes. She highlighted the need to return to the pre-pandemic department staffing model of two full-time and one part-time positions as they face challenges such as scheduling time off with an increasing workload post-pandemic.
b. Contract Review Board
1. Justice Court: Professional Services Agreement w/ J. Logan Joseph for Indigent Defense Services: J. Logan Joseph has been the court-appointed attorney since 2022 and has agreed to renew his agreement for July 1, 2023, through June 30, 2024, for $30,000.00, not exceeding 120 cases. Additional cases exceeding 120 will be billed at $100.00 per case.
Commissioner Nichols moved to approve the court-appointed attorney agreement for Justice Court with J. Logan Joseph for $30,000.00 per year for 120 cases per year. Commissioner Witham seconded the motion. Motion carried.
2. Road: Snowplow Wing Purchase Approval: Ryan Davilla, Foreman/Fleet Manager, was present to request approval of the Road Department purchase of two 2023 Caterpillar 144" Wing Rippers from Western States Equipment for $55,464.90. The recent purchase of two used road graders requires the addition of a snowplow wing for winter use. The Road Department is a member of Sourcewell, which provides governmental agencies with an avenue through a federal bidding process to purchase equipment without going through the standard bidding process.
Commissioner Nichols moved to approve the purchase of the CAT Snow Wings from Western States Equipment for $55,464.90. Commissioner Witham seconded the motion. Motion carried.
3. Emergency Management: Medical Reserve Corp. STTRONG Grant Approval Form: MRC STTRONG Grant: Emergency Management Director Jason Yencopal and Program Manager Joe Johnson were present to request approval of the Eastern Oregon Medical Reserve Corp (EORMRC) accepting the National Association of County and City Health Officials (NACCHO) STTRONG Grant. The state of Oregon MRCs were awarded a combined amount of $2.5 million. The EORMRC developed a project that includes funding the EORMRC coordinator position for two years and building three to four additional response trailers that will be positioned throughout the response area.
Commissioner Nichols moved to approve the MRC STTRONG Grant for Emergency Management in the amount of $574,615.00 with no matching funds needed. Commissioner Witham seconded the motion. Motion carried.
4. Fair: Insulation Bid Approval: Mr. Mark Johnson, Baker County Fair Board Executive Director, was present to request approval of the Baker County Fairgrounds Event Center Exterior Insulation Finish System (EIFS) bid from Desert Sage Walls Systems for $44,000.00 with a total project cost of up to $49,166.00. The total project cost estimate includes $800.00 for Arros Electric, $1,525.00 for Viking Fire Protection, $500.00 for General Conditions, and $2,341.00 for 5% contingency. Bids were requested from Interior Systems Inc., Forte Construction, Desert Sage Wall Systems, and Any Weather Xteriors. Interior Systems Inc. submitted a bid for $53,850.00.
Commissioner Witham moved to approve the EIFS project bid for Baker County Fairgrounds Event Center insulation with Desert Sage Walls Systems and others listed for a total cost of up to $49,166.00. Commissioner seconded the motion. Motion carried.
Commissioner Witham moved to approve authorizing Ron Rowan to sign the contract for the EIFS project bid for the insulation out of session. Commissioner Nichols seconded the motion. Motion carried.
5. Juvenile: Canyon County Detention Agreement: The Baker County Juvenile Department’s agreement with Canyon County Idaho Detention Facility needs to be renewed for the 2023-24 FY. The detention rate increased from $210.00 per day to $220.00 per day. The Juvenile Department was granted an increase of $12,000.00 to offset the rate increase.
Commissioner Nichols moved to approve the Detention Agreement for Juvenile with Canyon County Idaho Juvenile Detention Facility for $220.00 per day. Commissioner Witham seconded the motion. Motion carried.
6. Commissioner: Transient Lodging Tax IGA w/ City of Halfway: The Transient Lodging Tax Committee met on July 20, 2023, and voted to amend the IGA with City of Halfway and Baker County relating to use of TLT funds. The amendment adds two conditions to #2 City Responsibilities items b & c related to reporting to the TLTC on an annual basis.
Commissioner Witham moved to approve the amendment to the IGA from the Transient Lodging Tax Committee for the IGA related TLT Funds with the City of Halfway. Commissioner Nichols seconded the motion. Motion carried.
7. Sage Grouse LIT: Carcass Disposal Station: Ms. Morgan Solomon, Sage-grouse LIT Coordinator, reported that in response to declining sage-grouse numbers, the Baker Sage-grouse Local Implementation Team (LIT) created a plan in 2017 to reduce threats to sage-grouse in Baker County. One key action was to decrease raven populations, which prey on sage-grouse nests. They submitted a grant proposal to the Oregon Watershed Enhancement Board (OWEB) for the construction of a carcass disposal station at the Baker Sanitary Landfill to remove raven attractants like carcasses. The plan includes constructing a 100 ft. x 60 ft. asphalt pad and barriers for composting. It also aims to provide livestock producers with a free carcass drop-off/pick-up program. This project has implications for wolf-livestock mitigation, and collaboration with the Wolf Commission and ODFW is underway to design the carcass pick-up service.
a. OWEB Grant Agreement 222-8206-22947: On July 7, 2023, they received a grant agreement from OWEB to fund the construction of the carcass disposal site. Deliverables under this grant include but are not limited to pre/post construction monitoring photos, progress reports, completion reports, and a letter of support from Baker Sanitary Service.
Commissioner Witham moved to approve the OWEB Grant Agreement 222-8206-22947. Commissioner Nichols seconded the motion. Motion carried.
b. Project Bid Approval: Bid solicitations for the groundwork and the laying of the asphalt pad were sent out on July 12, 2023. Two bids for the groundwork and one bid for the asphalt pad were received. The LIT has selected O’Connell Excavating for the groundwork for $48,500.00 and Rodger’s Asphalt for laying the asphalt pad for $37,336.00.
Commissioner Witham moved to approve O’Connell Excavating for the surface excavation work for $48,500.00 and Rodger’s Asphalt for the asphalt for $37,336.00. Commissioner Nichols seconded the motion. Motion carried.
8. Commissioner: Health and Human Services (HHS) Agreement for Professional Services: Commissioner Alderson reported that the USPHS Commissioned Corps will send a three-officer team on temporary duty status to provide temporary assistance to the state of Oregon in response to its request and to provide an assessment of the state’s needs for a finite period of time. Per discussion, the state of Oregon or its political subdivision is to provide full reimbursement to the Public Health Service for salaries, benefits, allowances, and travel. The length of this temporary assistance will be up to 30 days. The authority for this recommendation is 42 U.S.C. §243(c)(2).
On July 27, 2023, the Board of Commissioners allocated $350,000.00 of Local Assistance and Tribal Consistency Fund (LATCF) funds for nursing staff, with an additional $150,000.00 of LATCF to be used for extended services. This project will utilize up to $75,000.00 of the $150,000.00 that was already allocated.
Commissioner Nichols requested clarification regarding language in the agreement under section V. b. iii. "Baker County will ensure that St. Alphonsus Medical Center understands and adheres to the following responsibilities:". Kathleen Cathey, Field Representative, reported that Senator Wyden had a conversation with the Trinity Health Systems CEO yesterday at 8:00 a.m. He had also tasked senior leadership staff with ensuring accessibility, including all non-proprietary documents, the ability to talk with OB and ER staff, etc. Courtney Warner-Crowell and herself will be available to ensure that everyone follows through. The contract is between Baker County and HHS, which is why the language is included.
Ms. Cathey continued that the Senator has charged HHS with having a safety plan by August 31st. As soon as the contract is signed and in place, they expect HHS to arrive within 24-48 hours.
Commissioner Witham inquired on the current status of the Birth Center and if it is still intact. Commissioner Alderson stated that the Birth Center will remain open until August 26th and is intact. Ms. Cathey highlighted three topics that Senator Wyden covered during his conversation with Trinity Health Systems CEO: access, equipment retention, and schedules and salaries.
Discussion: Ms. Paige Witham of Baker City requested clarification on whether the contract is only a needs analysis or extending the birth center. Commissioner Alderson explained that it is an assessment right now, and more information will be available after completion. Ms. Cathey explained that if there is a recommendation from HHS, they can bring out nurses.
Ms. Witham also inquired about the $75,000.00 and if it was additional or coming out of the $150,000.00. Commissioner Alderson clarified that it is not additional and is a part of the $150,000.00 contingency.
Commissioner Nichols moved to approve the MOA with Health and Human Services and authorize Commissioner Alderson to sign the agreement out of session. Commissioner Witham seconded the motion. Motion carried.
Discussion: Shelly Payton of Baker City, birth and postpartum doula, inquired if confirmation from ODOT or OSP has been received regarding Saint Alphonsus winter transportation plan approval. Mr. Yencopal explained that they have been making arrangements to go to LaGrande or Ontario if roads are closed due to a crash. ODOT has been reliable when requests are submitted via the op center through the State to try and reopen a route. However, if it is closed, it will be closed. They plan to do everything they can to get them through in an emergency. They are also working with Metro West to acquire additional staffing for OB emergencies.
Ms. Witham inquired about the Metro West ambulances and if they have 4-wheel drive capabilities. Mr. Yencopal confirmed that they are all 4-wheel drive.
c. Museum Artifact Announcement: Ms. Lynn Weems, Baker Heritage Museum Director, was present to announce that on behalf of Baker County the Baker Heritage Museum has accepted the Armstrong Nugget and collection as a donation from US Bank. Tentatively next spring the museum will have a new exhibit built. She explained that US Bank made the donation as they did not have adequate staff to tell the story as they would have large tourist groups visit to view the nugget.
d. Public Hearing
1. Order No. 2023-141 Renaming 2nd St. in the New Bridge Townsite to Luceil Drive: Mr. Tim Smothers, Planner, reported that there had been a public request for a road name change in New Bridge. The application requests to change 2nd Street to Luceil Lane to reflect a historical figure in the New Bridge area. However, due to the road renaming ordinance, a road must be over 1,000 feet long to be considered a lane, so the change would have to be Luceil Drive, as it is only 340 feet long. The applicant has paid the $400.00 road name change fee.
There was no public testimony in favor or opposition.
Commissioner Nichols moved to approve Order No. 2023-141. Commissioner Witham seconded the motion. Motion carried.
6. Documents to be Signed
a. Order No. 2023-142 Appointing Matthew Koppenhaver to the Transient Lodging Tax Committee
Commissioner Witham moved to approve Order No. 2023-142. Commissioner Nichols seconded the motion. Motion carried.
7. Ratification of Documents
a. Farallon Consulting Agreement for Broadband Services: Ms. Heidi Martin, Executive Assistant, reported that the agreement with Farallon Consulting is to assist the County with pre-planning services related to Broadband development. Farallon will research upcoming grant opportunities, identify local stakeholders, schedule meetings, and inform the County of the next steps.
Commissioner Witham moved to ratify Commissioner Nichol’s signature on the Farallon Consulting Agreement for Broadband Services for an amount not to exceed $5,000.00. Commissioner Alderson seconded the motion. Motion carried.
8. Other Business:
a. Commissioner Update:
· Commissioner Nichols reported that he will attend the Transient Lodging Tax Committee meeting on August 17th, the Veterans Appreciation Day at the Baker City Golf Course on August 20th, a New Directions meeting on August 22nd, and the AOC Legislative Committee Meeting/Retreat in Klamath Falls on September 20th. He attended the DEQ meeting and listened to public testimony. He highlighted that many citizens were upset and felt the DEQ did not do a thorough job on the study. He also attended an AOC Membership meeting on August 7th.
· Commissioner Witham also attended and organized the DEQ meeting on August 15th. She reported that there were 90 people in attendance. She agreed with Commissioner Nichols's report many citizens were upset with their study. She requested a third-party review of the study by two OSU Water Professors, which confirmed inaccuracy.
On August 11th, she received notice from ODFW that the travel management area closures listed in the synopsis for this hunting season have been rescinded, as they did not follow proper procedure for the Wallowa-Whitman National Forest.
She visited Fizz Springs, which is in poor condition and discussed available NRAC Title II funds that they will put in an application for to be used to make improvements to the Springs. Another future project she highlighted was the Information Hells Canyon Byway Kiosk. The Hells Canyon Chamber has been maintaining the property, unaware that it is owned by Baker County. She plans to discuss any needs or wants with the Hells Canyon Chamber. She also attended an Open House in Halfway for the Wallowa-Whitman National Forest and Clark's Creek Project.
· Commissioner Alderson reported continuing work on the hospital Birth Center. He also visited Halfway to meet with their City Council. He plans to attend the EDC meeting today and the Transient Lodging Tax Committee meeting tomorrow.
b. Comparison of Calendar:
The September 20, 2023, Commission Session may be rescheduled to a different date or canceled due to the availability of the Commissioners.
9. Adjournment
Commissioner Nichols moved to adjourn the meeting. Commissioner Witham seconded the motion. Motion carried.
The August 16, 2023, Commission Session adjourned at 11:20 A.M.
Respectfully Submitted,
Erin Linan
Management Assistant |