COMMISSION CHAIR SHANE M. ALDERSON November 1, 2023
COMMISSIONER CHRISTINA WITHAM
COMMISSIONER BRUCE A. NICHOLS
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the November 1, 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
3. Citizen’s Participation
4. Review/Approval of Minutes
a. October 4, 2023, Commission Session Minutes
Commissioner Nichols moved to approve October 4, 2023, Commission Session minutes as written. Commissioner Witham seconded the motion. Motion carried.
b. October 18, 2023, Commission Session Minutes: Commissioner Nichols suggested waiting to approve the October 18, 2023, Commission Session Minutes, as Commissioner Witham and Alderson had not yet reviewed them. Commissioner Witham and Alderson agreed.
5. Scheduled Business
a. Public Hearing:
1. (To be continued to a later date) Ordinance 2022-01 Amending Ordinances 84-1 and 2005-04 Northern Baker Transportation Improvement Plan: The Commissioners requested that City Councilor Doni Bruland share any updates she may have on the Ordinance. Councilor Bruland requested they allow the City until the month of November to allow the newly appointed council time to review the Ordinance.
There was no public testimony in favor or opposition.
Commissioner Nichols moved to continue the hearing for Ordinance 2022-01 Amending Ordinances 84-1 and 2005-04 Northern Baker Transportation Improvement Plan to March 6, 2023, at 9:00 A.M. Commissioner Witham seconded the motion. Motion carried.
2. First Reading: Ordinance No. 2023-02 Adopting an Ordinance Authorizing the Operation of All-Terrain Vehicles on Designated County Roadways (Repealing and Replacing Ordinance No. 2017-03): Commissioner Witham reported that this Ordinance corrects and simplifies the original, which is outdated and contains some errors. The main change is under Section 2.01 General Prohibitions A. Operation of All-Terrain Vehicles on Authorized County Roadways for Sumpter ORV ATV Ordinance No. 2021-01 for Highway 410, now allowing the use of ATVs through Sumpter on Highway 410. Changes also include updated ORSs and ATV sizes. The Ordinance was posted at the Courthouse, Health Department, and the Library on October 23, 2023.
There was no public testimony in favor or opposition.
Commissioner Nichols moved to approve the first reading of Ordinance No. 2023-02 by title only. Commissioner Witham second. Motion carried.
Commissioner Nichols moved to continue the hearing for Ordinance No. 2023-02 to December 6, 2023. Commissioner Witham seconded the motion. Motion carried.
b. USDA Wildlife Services Update ~ Chris Lulay, USDA Animal & Plant Health Inspection Services (APHIS), Wildlife Specialist: Mr. Lulay reported that Wildlife Services has grown tremendously within the county. They have built relationships with many producers and plan to continue growing and building relationships. They can now conduct wolf depredation investigations, which were previously only performed by the Oregon Department of Fish & Wildlife (ODFW). They continue to progress with wolf tracking efforts and have two ongoing permits, including Lookout and Keating. Yesterday, there were depredations in Durkee involving livestock of multiple producers. They plan to shift their focus to the Durkee area if removal is requested and authorized. They plan to start raven removal for the Sage-grouse Local Implementation Team (LIT) in late winter into early spring.
Commissioner Witham discussed a concern from Union County regarding the added ability to perform wolf depredation investigations, which is increasing their workload, and the potential for the shared cost of Wildlife Services between Baker County and Union County to rise. She is wondering about possibly receiving funding from the State to help with the cost, as ODFW had previously performed the services. Mr. Lulay confirmed ongoing discussions between Wildlife Services and ODFW to develop additional funds to offset the County funds as the investigations increase their workload.
c. Contract Review Board
1. Baker Co. Sage-grouse LIT: Concrete Barriers Purchase Approval: Ms. Morgan Solomon, Baker Co. Sage-grouse LIT Coordinator, was present to request approval to purchase 24 GM/Highway barriers from Eastern Oregon Rentals for $13,275.24, which includes travel and delivery. The barriers will be used for the construction of the carcass disposal station at the Baker Sanitary Landfill. The Oregon Watershed Enhancement Board Grant will cover the cost of the barriers. K Barriers, Eastern Oregon Rentals, and Storie Corp all submitted bids.
Commissioner Witham moved to approve the Baker Co. Sage-grouse LIT purchase of 24 GM barriers for the carcass disposal station from Eastern Oregon Rentals for $13,275.24. Commissioner Nichols seconded the motion. Motion carried.
2. Road: Scissor and Snorkel Lift Purchase Approval: Mr. Nolan Perkins, Road Master, was present to request approval to purchase a 2014 Skyjack Scissor Lift for $29.348.00 and a 2014 JLG 400S Boom Lift for $34,017.00 from Star Rentals for a total of $63,365.00. The Road Department's current 2000 Skyjack Scissor Lift can only maneuver on concrete. The rough terrain scissor lift will be beneficial for working on the overhead electrical of their existing buildings as well as safely erect the new building north of the main shop. The 1988 JLG 400S Boom Lift is used to trim trees in their right of way and is often used by the Facilities Department. Star Rentals, Central Equipment Sales, and AirWorx Construction Equipment all submitted bids.
Commissioner Nichols moved to approve the purchase of the 2014 Skyjack Scissor Lift for $29,348.00 and a 2014 JLG 400S Boom Lift for $34,017.00 from Star Rentals for a total of $63,365.00. Commissioner Witham seconded the motion. Motion carried.
3. Facilities:
a. Jail Commercial Dryer Purchase Ratification: Mr. Dan McQuisten, Facilities Director, was present to request ratification of the Jail's Unimac 75lb gas dryer purchase from Alliance Laundry Equipment for $7,678.00. The Commissioners approved the emergency purchase of a commercial dryer for the jail for up to $8,000.00 at the September 6, 2023, Commission Session. Alliance Laundry Equipment, Fire Penny, and Direct Supply all submitted bids.
Commissioner Nichols moved to ratify the purchase of the Unimac 75lb gas dryer from Alliance Laundry Equipment for $7,678.00. Commissioner Witham seconded the motion. Motion carried.
b. Snowplow Purchase Approval: Mr. McQuisten requested approval to purchase a Boss V Blade snowplow and installation from Horizon for $10,520.38. The Facilities Department uses a 1991 Dodge Pick-Up and a 15-year-old Boss V Blade snowplow. They would like to add the new blade as a replacement and backup. Horizon, Oregon Trail Sports, and Cobalt all submitted bids.
Commissioner Nichols moved to approve the purchase of the Boss V Blade snowplow and installation from Horizon for $10,520.38. Commissioner Witham seconded the motion. Motion carried.
4. Baker County Economic Development Council
a. Ward Property: Event Complex: Master Site Plan Bid Approval: Mr. Bryan Tweit, Baker County Economic Director, was present on behalf of the Baker County Economic Development Council to request approval of the Ward Property Event Center Master Site Plan. EDC unanimously voted to recommend approval of the proposal from Steele Associates Architects LLC for $49,490.00. JLG and ZGA Architects & Planners also submitted proposals.
Commissioner Witham moved to approve the EDCs recommendation for the Master Site Plan with Steele Associates Architects LLC for $49,490.00. Commissioner Nichols seconded the motion. Motion carried.
b. EDC Bylaws: Mr. Tweit reported working with the EDC, Commissioners, the City, and other agencies to develop the bylaw changes. The bylaws were simplified and reclarified, including readjustments for City issues, clarification of the Commissioners' decision-making authority, and the EDC's focus. There is also added clarification on his position as Economic Development Director. The new bylaws include the development of a 5-year plan for economic development, which he will be tasked with working on upon approval. The EDC will review and update the plan annually.
Commissioner Witham clarified that the EDC is a Council as defined by the TLT Ordinance.
Commissioner Alderson requested to have a work session to allow more time to review and discuss the bylaws and the direction of the EDC. The Commissioners agreed to postpone approving the bylaws until after the work session.
5. EM/Fire Division: Hazardous Materials Emergency Planning Grant: Gary Timm, Fire Division Mr. Gary Timm, Fire Division Manager, was present to request approval of the Hazardous Materials Emergency Planning (HMEP) Grant award. On October 19, 2023, Baker County was formally awarded $15,624.00 for a Hazardous Materials Operations Training and Equipment. The grant was authorized and written in 2022.
Commissioner Nichols moved to approve the grant award offer of $15,624.00 and implement the multi-jurisdictional training benefit Baker County Fire Agencies as recommended by Mr. Gary Timm responding to transportation-related Hazardous Materials incidents from the Hazardous Materials Emergency Planning Grant. Commissioner Witham seconded the motion. Motion carried.
6. Emergency Management
a. ODHS Agreement No. 181067: Oregon Resilience and Emergency Management: Mr. Jason Yencopal, Emergency Management Director, was present to request approval of the Oregon Department of Human Services Grant Agreement No. 181067. In 2022, ODHS, through the Office of Resilience and Emergency Management, purchased multiple Sat/Pod Runners to be used in Oregon for internet and mobile phone calling hotspots during states of emergency. The Eastern Oregon Regional Medical Reserve Corp accepted the State's request for housing the equipment. There is an MOU with ODHS from May 2022 on housing and updating the unit. This updates that agreement.
Commissioner Witham moved to approve Emergency Management accepting the Sat Runner agreement with Oregon Department of Human Services Agreement No. 181067. Commissioner Nichols seconded the motion. Motion carried.
b. Pioneer Ambulance (Metro West) Time Extension Request: Mr. Yencopal requested approval of a 90-day extension request from Pioneer Ambulance (Metro West). The contract includes two provisions for which Pioneer must seek the Commissioners' approval: staff levels and the number of vehicles. Pioneer submitted a letter requesting an additional 90-day extension on both provisions.
Commissioner Witham moved to approve a 90-day extension for Pioneer Ambulance. Commissioner Nichols seconded the motion. Motion carried.
c. Eastern Oregon Regional Medical Reserve Corp STTRONG Grant Agreement OHA Agreement No. 181649: Mr. Yencopal requested approval of the Eastern Oregon Medical Reserve Corp MRC-STTRONG grant award of $574,615.00 from the U.S. Department of Health and Human Services. The funds will be used to hire and train an MRC Unit Coordinator for the EOMRC to purchase transport trailers and staging equipment to be used for medical supplies and equipment storage, enabling the MRC to strategically stage in areas to enable an immediate response and access to life-saving resources during a medical surge emergency. There is no matching requirement. The Region 6&9 Health Care Coalition supports the EOMRC in executing the grant.
Commissioner Nichols moved to approve accepting the funds for the Eastern Oregon Medical Reserve Corp STTRONG Grant Agreement OHA Agreement No. 181649 for $574,615.00. Commissioner Witham seconded the motion. Motion carried.
Discussion: Mr. Yencopal reported applying for the federal Building Resilient Infrastructure and Communities (BRIC) Grant that came out in early October with a submission date of October 27th.
7. Parks
a. Parks Maintenance Agreement: Ms. Doni Bruland, Parks Coordinator, was present to request approval of the Parks Maintenance and Housing Agreement with Mr. John McCarrell. The 4-year Maintenance Agreement is for a gross monthly payment of $2,673.00 for 40 hours of service per week with prorated payments for partial months worked beginning November 1, 2023, and ending October 31, 2027. The Maintenance Agreement also includes a Housing Agreement, "Exhibit B," which states that the " Contractor shall reside at Hewitt Park, in the residence provided by the County". A Request for Proposal (RFP) for the Hewitt/Holcomb Parks Lead Maintenance Contractor was posted at the Courthouse, Richland Post Office, and the Hewitt/Holcomb Parks Office Door for one week. Mr. McCarrell was the only one to respond.
Commissioner Nichols moved to approve Parks Maintenance Agreement four-year contract beginning November 1, 2023, and expiring October 31, 2027, for a gross monthly payment of $2673.00 for 40 hours of service per week with prorated payments for partial months worked with Mr. John McCarrell. Commissioner Witham seconded the motion. Motion carried.
b. Housing Agreement
Commissioner Witham moved to approve the Contractor Housing Agreement for the Contract with Mr. John McCarrell at Hewitt Park. Commissioner Nichols seconded the motion. Motion carried.
SHORT BREAK
d. Fair: Rodeo Arena Bleacher Configuration Approval: Ms. Angela Robb, Fair Administrative Office Manager, was present on behalf of the Fair Board to request approval of the Rodeo Arena Bleacher Configuration. Commissioner Alderson stated that he appreciates them bringing it to the Commissioners; however, he does not think they need approval for the design.
e. Food Sovereignty Ordinance Discussion: Commissioner Witham provided updates on County Counsel's review of the Food Sovereignty Ordinance. She discussed ORS 616.723, Senate Bill 643, ORS 616.010, ORS 616.726, and the LaGrande/Astoria vs. PERB (1978) court case and raised concerns about enforcement and accountability for farm-to-fork foods. Commissioner Alderson and Commissioner Nichols expressed similar concerns.
Mr. Arthur Sappington, Snake River Music Gardens President, was present. Mr. Sappington expressed his support for the Food Sovereignty Ordinance, discussing local autonomy, economic vitality, and concerns about external influences on local food production.
Commissioner Witham requested input from Mr. Eric Evans, Oregon Health Authority (OHA) Environmental Health Director, and Mr. Evan Magner, OHA Environmental Health Specialist from Malheur County. Mr. Magner emphasized the importance of regulations for food safety and clarified liability aspects for local foods and restaurants. Mr. Evans provided information regarding licensing and concerns about the ordinance's implications for his and Mr. Magner's licensing. He highlighted that he and Mr. Magner's agency regulate foods for immediate consumption, such as those served in restaurants, and they do not regulate retail establishments like supermarkets.
Commissioner Witham also requested clarification from Ms. Meghan Chancey, Health Department Director, on the contract with the Malheur County Environmental Health Directors. Ms. Chancey stated that the local public health authority is required under the State to have a food, pool, and lodging program, which Baker County contracts with Malheur County to provide that service.
Ms. Debbie Henshaw of Baker City, a supporter of the Food Sovereignty Ordinance, expressed concerns related to her experience as a baker operating under the Oregon Home Bakers Act. She discussed the challenges small-scale bakers face under existing regulations, expressing a need for more practical and flexible rules that align with the scale of home-based businesses.
Commissioner Alderson expressed support for limited government intervention but is not interested in the Food Sovereignty Ordinance at this time.
Commissioner Nichols acknowledged the diverse perspectives. He expressed favoring existing regulations to ensure consumer protection and public health.
Commissioner Witham discussed the importance of food choice and highlighted examples of businesses already incorporating local products transparently. She emphasized that while she supports farm-to-fork foods, they are unable to support the Food Sovereignty Ordinance.
Commissioner Alderson called for final statements.
Ms. Juliet Hughes of Baker City, a supporter of the Food Sovereignty Ordinance, expressed distrust of governmental food regulations, advocating for increased personal freedom in making food-related choices and supporting local agricultural practices.
Ms. Lindianne Sappington of Baker City, a supporter of the Food Sovereignty Ordinance, discussed the economic and agricultural aspects of the proposed ordinance and emphasized the importance of local control and economic self-determination for Baker County's beef producers.
The Commissioners thanked everyone for their time and participation in the discussion.
f. Parks: New Bridge/Richland Well Water Easement/Water to Park Discussion: Commissioner Witham provided background information on the New Bridge well and easement. Baker County holds the easement to the well access, which is on private property. She is unsure of who owns the property. In 2019, Baker County assigned the easement to Richland. New Bridge plans to dissolve its water district and become a part of the Richland water district. The City of Richland would like Baker County to give them the easement. She asked Ms. Marcy Osborn, Watermaster, to provide information on the New Bridge well and easement.
Ms. Osborn reported that after searching, she could not find the water right for the well for municipal use. She added that it may be under a different name than the City of Newbridge, but she searched the general area without success.
Commissioner Witham said she would like cooperation from the City of Richland with the waterline to the parks in exchange for the easement. She expressed her concerns regarding some statements from an article in the Hells Canyon Journal, which led to questions on water rights.
Commissioner Alderson added that he has a meeting tomorrow with Richland Mayor Lattin. He explained that Baker County would put in the saddles, but the property owners, if they chose, would pay for the costs associated with hooking up to the city water.
Commissioner Witham requested Ms. Osborn to speak on the water rights.
Ms. Osborn reported reading the Hells Canyon Journal article and believes there was some confusion about the water basin. She clarified that it is all the Powder Basin, and there is no issue of it being an out-of-basin transfer, as the article implies.
Commissioner Nichols asked Ms. Osborn if there would be any issues with the water rights for selling outside the city limits because there are water rights for drawing out of the Eagle Creek drainage.
Ms. Osborn clarified that if their water rights are under municipal use, it would not cause any issues. She referred to OAR 690-300-0010 for municipal water use "the delivery and use of water through the water service system of a municipal corporation for all water usage usual and ordinary to such systems. Examples of these water users shall include but are not limited to domestic water use, irrigation of lawns and gardens, commercial water use, industrial water use, fire protection, irrigation and other water uses in parks and recreation facilities, and street washing. Such uses shall not include generation of hydroelectric power." She added that part of the city is not included in the city limits, so they are already delivering municipal water outside the city limits.
Referring again to the Hells Canyon Journal article, Commissioner Witham asked Ms. Osborn if the State would have to approve the waterline project.
Ms. Osborn explained that she does not believe the State would need to approve the project because it is all under their municipal use right. As water resources, they could write a letter stating municipal use and what is allowed underneath it, but it is unnecessary.
Ms. Doni Bruland, Natural Resources/Parks Coordinator, reported that the Oregon Health Authority has requested to be updated on the project as it progresses.
Commissioner Nichols added that he may like to have the letter from Water Resources anyway to prevent delays in the grant process.
Commissioner Witham disagreed.
Ms. Bruland added that there may need to be clarification on which State agency the article is referring to.
Commissioner Witham explained that she would like to move forward to get the agreement with Richland signed, as Ms. Bruland has more time with the parks now closed.
Ms. Bruland reported Holcomb Park is closed, and on September 30th, they turned off the water and electricity. She added that they get vandalism and cannot keep an eye on the Parks at night as they do not have cameras at Holcomb. Hewitt Park is open, and the ramp is accessible year-round.
Commissioner Witham added that there is nothing to be done today as this is only a discussion. She encouraged Commissioner Alderson to continue the conversation with the City of Richland for the waterline and the easement to get the agreement in place so Ms. Bruland can move forward with the process.
g. Boards and Committees Location Qualifications Discussion: Commissioner Witham said she would like to clarify in writing that anybody on a board, committee, commission, or council must be a resident of Baker County and further specified that it must be a physical residence, not a P.O. Box. Commissioner Alderson and Commissioner Nichols agreed.
The Commissioners directed staff to create a resolution for the boards and committees location qualifications discussed.
Discussion: Mr. Curtis Martin of Baker County reported recent activity by the water resource department for instream purposes. He discussed trying to coordinate an informative meeting of the districts and organizations that are protesting. He believes it is a benefit of the County that there could be political exposure of these issues as this could be as big of an economic detriment as the TMDLs. They are currently trying to understand better what it is and what options they have to go forward and be proactive. He added that they are not trying to be obstructionists with fisheries or aquatic habitats. He would like to see State agencies working with them.
Commissioner Witham encouraged Mr. Martin when he has more information, to request some time during a Commission Session to present so they can stay informed.
6. Documents to be Signed
a. Order No. 2023-149 Re-Appointing Joe Hayes, Haley Hueckman, Amy Powell, Matt Shirtcliff, and Anthony Washington, to the Baker County Mental Health Advisory Council/Local Alcohol and Drug Planning Committee (MHAC/LADPC) for a term set to expire July 1, 2025.
Commissioner Witham moved to approve Order No. 2023-149. Commissioner Nichols seconded the motion. Motion carried.
7. Ratification of Documents
a. Financial Reports: C62, C63, C65, C09, C11, September Revenue/Expenditure Report, and September Treasurer’s Financial Report.
Commissioner Nichols moved to approve the aforementioned financial reports. Commissioner Witham seconded the motion. Motion carried.
8. Other Business
a. Commissioner Update: None
b. Comparison of Calendar: None
9. Adjournment
Commissioner Nichols moved to adjourn the meeting. Commissioner Witham seconded the motion. Motion carried.
The November 1, 2023, Commission Session adjourned at 12:00 P.M.
Respectfully Submitted,
Erin Linan
Management Assistant |