COMMISSION CHAIR SHANE M. ALDERSON December 6, 2023
COMMISSIONER CHRISTINA WITHAM
COMMISSIONER BRUCE A. NICHOLS
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the December 6, 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 18, 2023, Commission Session Minutes
Commissioner Nichols moved to approve October 18, 2023, Commission Session minutes as written. Commissioner Witham seconded the motion. Motion carried.
b. November 8, 2023, Special Commission Session Minutes
Commissioner Nichols moved to approve the November 8, 2023, Special Commission Session minutes as written. Commissioner Witham seconded the motion. Motion carried.
5. Scheduled Business
a. Public Hearing:
1. Order Adopting a Baker County 2024 Fee Schedule: This is the first of two public hearings to receive comment on the proposed 2024 fee schedule. The proposed changes are listed by department with some departments not having any changes. The draft is located on the Baker County website. Written comments can be sent to elinan@bakercountyor.gov and must be received by 5:00 p.m. on December 19,2023.
There was no public testimony in favor or opposition.
Commissioner Nichols reviewed the proposed changes.
Commissioner Nichols moved to continue the hearing to December 20, 2023. Commissioner Witham seconded the motion. Motion carried.
2. 2nd 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Ordinance No. 2017-03): Commissioner Witham reported that this Ordinance corrects and simplifies the original, which is outdated and contains some errors.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 Witham moved to approve Ordinance No. 2023-02 Authorizing the Operation of All-Terrain Vehicles on Designated County Roadways (Repealing and Replacing Ordinance No. 2017-03). Commissioner Nichols seconded the motion. Motion carried.
b. Department Update:
1. Watermaster Update ~ Marcy Osborn, District 8 Watermaster, Luke Sells, Assistant Watermaster, and Luke Albert, Assistant Watermaster, were present to give a department update. Ms. Osborn also mentioned Jay Sly, Seasonal Watermaster, who was not present. She gave an overview and showed a map of Water District 8, which covers 3,354 square miles.
Ms. Osborn reported the relocation of the Watermaster's Office from the Courthouse Basement to 39155 Pocahontas Rd.
She continued to discuss their responsibilities of managing and distributing 3,537 primary water rights and 569 supplemental water rights. There are 6,761 diversion points. The oldest priority date is 1862, which the City of Baker holds. They regulate 42 streams and release several lakes for distribution every year. District 8 also has about 76 dams that require inspection every 3 to 5 years. Most of their time is spent in the field, and in the off-season, they work on installing gauging stations, making maps for distribution, distribution lists for the next season, and snow surveys.
Mr. Albert provided a yearly review and stated that 2023 started and ended well. The snow water equivalent is at 75%, which is typical for this time of year. Phillips Reservoir was at 2% at the beginning of the year and peaked at 73%. Today, it is at 33%. In April, he and some City employees shoveled out Goodrich Reservoir. Ms. Osborn stated that the Burnt River Valley had a bit of flooding during the springtime. She added that the year turned out to be pretty typical overall.
Lastly, Ms. Osborn discussed that Mr. Sly, who has been in his position for over 45 years, will retire at the end of the next season. She plans to hire a new person in January or February to shadow him in 2024 in hopes of helping with the transition.
2. Weed Update ~ Jeffrey Pettingill, Director Jeffrey Pettingill, Weed Director, was present to give a department update. He reported that they have new signs to spread throughout the County on the right-of-ways. He discussed the department's various equipment and the work it is used for. He highlighted the computer in their trucks that tracks where they have sprayed. Eventually, they plan to be able to share the data with the Road Department and Commissioners. He added that Rod Tarter with the Road Department is a licensed applicator, and He sprays the gravel roads that the Road Department grades in the spring.
Mr. Pettingill discussed trying to hire seasonal employees. Seasonal employees help by spraying the right-of-ways, mapping weeds, and grant/project assistance.
He continued to discuss biocontrol releases when insects are released to control specific weeds. It takes ten years before insects are allowed through the Animal and Plant Health Inspection Service (APHIS). Mr. Pettingill was able to release the Spotted Knapweed Root Weevil along Pine Creek between Halfway and Oxbow.
The Weed Department sponsors a Spray Day for outreach and education. Landowners can rent equipment, receive herbicide, and participate in a cost-share program.
They also do contract work for government agencies. This year, they sprayed for Huntington, Richland, Sumpter, Baker City, and Haines.
They have several Oregon Watershed Enhancement Board and Oregon State Weed Board grants, including the Haines Hoary Alyssum, Keating Powder River Restoration, Medical Springs Restoration, Lookout Mountain Restoration, and Lawrence/Sardine Phase II Restoration.
In 2024, Mr. Pettingill plans to increase levy and general funding to hire a full-time employee, increase the number of right-of-way miles treated, treat $5,000.00 of right-of-way for Union Pacific Railroad, upgrade the County Give-A-Way program, upgrade the sign at Unity Reservoir, utilize the portable wash station acquired by USFS, and upgrade their bathroom to be ADA compliant.
c. Contract Review Board
1. Weed: Notice of Measure Election; SEL 801 for Four Year Local Option Tax for Noxious Weed Control: Mr. Pettingill requested approval of the levy. The levy is a special levy outside the County's Tax base for the destruction of noxious weeds and to prevent the seeding and spread of such other weeds as may be declared to be noxious according to the law. The taxes needed for the four years total $520,000.00, which is to be levied in annual amounts of $130,000.00 for each of the four years, beginning 2024-2025 and ending fiscal year 2027-2028. The approximate tax rate will be $0.0660 per $1,000.00 assessed valuation based on the 2023-2024 assessed value. The estimated tax cost for this measure is an estimate only based upon the best information available from the County Assessor at the time of the estimate. This tax levy is subject to the limits of section 11(b) article 11 of the Oregon Constitution. All revenues to be raised will be used exclusively for general operating purposes.
Commissioner Witham moved to approve the Notice of Measure Election; SEL 801 for Four Year Local Option Tax for Noxious Weed Control for the amount of $130,000.00. Commissioner Nichols seconded the motion. Motion carried.
2. DA: St. Alphonsus Child Abuse Center Contract: District Attorney Greg Baxter was present to discuss the Child Assessment Center (CAC) contract with St. Alphonsus. Since March 2021, they have been able to utilize the CAC rent-free. The contract is set to expire on December 31, 2023; the amendment extends the contract through December 2025.
Commissioner Nichols moved to approve the first amendment to licensor space license agreement. Commissioner Witham seconded the motion. Motion carried.
3. Health Department: School Based Health Center Mental Health Contract with New Directions Northwest: Ms. Meghan Chancey, Health Department Director, was present to request approval of the School-Based Health Center Mental Health Contract with New Directions Northwest. She reported that the contract is a continuation, and the only difference is a slight increase in the payment as they received additional funds through the grant. The payment increased from $4,000.00 to $4,250.00.
Commissioner Witham moved to approve the Health Department School-Based Health Center Mental Health Contract with New Directions Northwest. Commissioner Nichols seconded the motion. Motion carried.
4. Health Department: Sole Source Order No. 2023-153 Coalition of Local Health Officials: Ms. Chancey requested approval of sole source Order No. 2023-153 Coalition of Local Health Officials. She reported that part of Modernization Funding is to support Public Health Communications. Upon meeting with the Coalition of Local Health Officials in the summer of 2023, it was realized that the rural counties were in need of a communications position. Five counties would like to provide funding through the Modernization program funding we receive to create a Rural Communications Position. Funding for the position is dependent on the PH Modernization Funds received every biennium.
Commissioner Witham moved to approve Sole Source Order No. 2023-153 Coalition of Local Health Officials. Commissioner Nichols seconded the motion. Motion carried.
5. Unity Water Tower Project: REALM Additional Charges: Ms. Heidi Martin, Executive Assistant, reported that the County received a grant for $500,000.00 to update the Unity Water Tower. Realm Inc. was the selected contractor. They have since completed the work, but in the course of their work, some additional upgrades to the valves needed to be done. This invoice is for the additional upgrades as it was outside the scope of their contract. They are still within budget, with approximately $25,000.00 remaining of the grant. The remaining funds will be used for fencing and clean-up around the area.
Commissioner Nichols moved to approve the invoice from REALM Inc. for valve work as a part of the City of Unity repair project for $8,006.07. Commissioner Witham seconded the motion. Motion carried.
6. Facilities: Fair Bleacher Purchase Exemption: Mr. Mark Johnson, Fair Board Executive Director, was present to request approval of exemption no. 4, Goods and Services available through the State or Federal Procurement Programs to work with KCDA for the rodeo ground bleachers project.
Commissioner Nichols moved to approve exemption no. 4 to use KCDA for the Baker County Fair Bleachers. Commissioner Witham seconded the motion. Motion carried.
7. Road: Vehicle Purchase Approval: Mr. Ryan Davilla, Fleet Manager/ Shop Foreman, was present to request approval to purchase a 2005 Kenworth T800 truck for $45,000.00 from Glen's Excavating & Trucking of Colville, Washington. The equipment purchase is a needed addition to the Road Department's fleet to haul rock and transport equipment through the County. Tj's Truck Sales LLC and Esco Construction also submitted bids.
Commissioner Witham moved to approve the purchase of the 2005 Kenworth T800 truck for $45,000.00 from Glen’s Excavating & Trucking of Colville, Washington. Commissioner Nichols seconded the motion. Motion carried.
8. Juvenile Crime Prevention Fund Amendment No. 2 to Grant No. 15660
Commissioner Nichols moved to approve Amendment No. 2 to Grant No. 15660 from $63,000.00 to $70,000.00 for the Juvenile Crime Prevention Grant from the Oregon Department of Education. Commissioner Witham seconded the motion. Motion carried.
9. Emergency Management: State Homeland Security Grant Program Grant No. 23-202:
Mr. Jason Yencopal, Emergency Management Director, was present to request approval of the Oregon Department of Emergency Management Homeland Security Grant Program Grant No. 23-202 for $29,905.00. Previously, funds have been used to replace repeaters at repeater sites throughout the County.
Commissioner Witham moved to approve the State Homeland Security Grant Program for Emergency Management Grant No. 23-202 for $29,905.00. Commissioner Nichols seconded the motion. Motion carried.
10. TLTC: Visitor Services RFP Approval: Commissioner Alderson explained that every two years, a request for proposal process has to be followed for the Visitor Center Director position. The position is funded through the Transient Lodging Tax (TLT). TLT is requesting approval of the request for proposal.
Commissioner Nichols moved to approve the request for proposal for Baker County Visitors Services. Commissioner Witham seconded the motion. Motion carried.
11. Natural Resources: Bull Run Project Grant Fund Pass-through Approval: Ms. Doni Bruland, Natural Resources Coordinator, and Mr. Ken Diebel, Project Developer. Ms. Bruland reported that the County is being asked to sponsor the funding for the project as a pass-through. The landowner has had some issues with what would typically be a sponsor for this type of project.
Mr. Diebel explained that he is a contractor who works all over Eastern Oregon, primarily out of Malheur County. He is familiar with the landowner who owns property that Bull Run Creek runs through. The Creek runs underground and has other issues from being dredged for gold in the late 1930s and early 1940s. State funding has been identified to help pay to resolve the problems with the Creek. Oregon Department of Fish and Wildlife has encouraged them to apply for the grant funding as it fits their criteria. The goal is to bring the water back to the surface to function as a stream should, repairing vegetation, ensuring surface flow year-round, and facilitating fish passage. The stream resurfaces at the end of the landowner's property and runs into the south fork of the Burnt River. The estimated project cost is $1,112,800.00.
Commissioner Witham moved to approve the Bull Run Project Pass Through. Commissioner Nichols seconded the motion. Motion carried.
12. Baker Co. Economic Development Council: Steele Architecture Agreement: The Economic Development Council is requesting approval of the draft agreement with Steele Architecture.
Commissioner Witham moved to approve the Steele Architecture Agreement as is written in the draft AIA Document B101 - 2017. Commissioner Nichols seconded the motion. Motion carried.
d. Baker Co. Economic Development Council Bylaws: The Economic Development Council met on November 21, 2023, and approved the recommended changes from the Board of Commissioners.
Commissioner Nichols moved to approve the Baker County Economic Development Council Bylaws as written. Commissioner Witham seconded the motion. Motion carried.
SHORT BREAK
e. Policy Adoption:
1. Grant Policy: Ms. Heidi Martin, Executive Assistant/HR Director, requested approval of the Grant Policy. The policy requires the Department Head or Elected Official to submit a Grant Request Form when applying for grants exceeding $5,000.00. The form and grant application will be submitted to the Board of Commissioners for consideration. If a grant application is due prior to the next Commission Session, the Department Head or Elected Official can seek approval from the Commissioner Chair but must ratify at the next Commission Session.
Commissioner Nichols suggested adding that in the absence of the Commissioner Chair, the Department Head or Elected Official can seek approval from another designated Commissioner. Commissioner Witham and Commissioner Alderson agreed.
Commissioner Witham moved to approve the Grant Policy with the addition beyond the Chair for approval. Commissioner Nichols seconded the motion. Motion carried.
2. Board and Committees Policy: Ms. Martin requested approval of the Boards and Committees Policy. The Policy describes the qualifications needed to serve on a County committee and the appointment process.
Commissioner Witham moved to approve the Boards and Committees Policy. Commissioner Alderson seconded the motion. Motion carried.
f. Jobs Classification Approval
1. Court Security: Ms. Martin requested approval of the Court Security job classification. Historically, the position has been filled with patrol retirees who worked part-time without benefits and who were paid at the patrol rate. The position provides court security for the circuit court, the justice court, and the rest of the courthouse. The request is to classify the position as Court Security at Range 11. This is a BCLEA-represented position.
Commissioner Witham moved to approve the Court Security classification at Range 11. Commissioner Nichols seconded the motion. Motion carried.
2. Assistant Public Health Director: Ms. Martin requested approval of the Assistant Public Health Director job classification. The Assistant Public Health Director is a new position that would serve as the assistant director for the Health Department. The position will be non-represented at Range 15. It will be funded through the Public Health Modernization grant.
Commissioner Witham moved to approve the classification for the Assistant Public Health Director at Range 15 on a non-represented wage table. Commissioner Nichols seconded the motion. Motion carried.
g. Measure 110 Resolution Discussion: Commissioner Alderson reported that throughout the last year, some counties have put forward a resolution speaking out against Measure 110 and the failure it has been. He asked the other Commissioners if they would like to direct staff to create a resolution. Commissioner Witham agreed and suggested following some examples from resolutions of the other counties. Commissioner Nichols agreed. After further discussion, the consensus was to turn in their notes for the whereas statements to be included in the resolution to Ms. Erin Linan, Management Assistant, within one week.
h. Foreclosure Property Update/Discussion: Commissioner Witham explained that she requested the discussion regarding foreclosure property as she had received an email from Dan McQuisten, Facilities Director, on some foreclosure properties in Huntington. However, after receiving feedback from Ms. Martin on the topic, she wasn't sure it would be on the agenda for discussion today. Ms. Kim Mosier, County Counsel, suggested they could save the discussion for another time or that Ms. Martin could go over the foreclosure process. Ms. Mosier said that she was happy with the properties being boarded up and signed, as that is what needs to happen for the County's liability. She added that the properties are also insured.
Commissioner Witham discussed some concerns she has with the new foreclosure property legislation. Ms. Mosier clarified that Commissioner Witham was referring to the Supreme Court decision in May, saying that any proceeds over the cost of the property back taxes, maintenance, and other fees must be returned to the previous owner. She added that they are working on a policy that complies with the Supreme Court decision. She reported that there is active litigation in Oregon related to the decision and advised against discussing any particulars of what the County's response will be to the litigation. She plans to schedule an executive session to discuss it further.
Commissioner Alderson stated that one of the foreclosure properties currently has inhabitants.
Ms. Martin added that they are working on a policy for now to address the surplus property issue. They plan on also working on an overall foreclosure process policy. She also added that there had been questions to the County on a timeline for the foreclosure property with inhabitants and that they probably will begin to address it in early spring.
Commissioner Alderson stated that he would like to look into what can be done so the inhabitants can take ownership of the property. Ms. Martin explained that there are laws regarding deeding to the record owner, so the process would need to be worked through next year.
i. Executive Session per ORS 192.660 (2) and ORS 192.660 (2)(a): To conduct deliberations with persons designated by the governing body to negotiate real property transactions. To consider the employment of a public officer, employee, staff member, or individual agent. Note: The Commissioners will return to Regular Session immediately following Executive Session to make a decision as needed.
The Commissioners returned to Regular Session with no decisions made.
6. Documents to be Signed
a. Baker County Museum Commission Bylaws: Mr. Lynn Weems, Museum Director, was present on behalf of the Museum Commission to request approval of a change to the Museum Commission Bylaws. Currently, the Museum Commission is made up of 7 members, and the Commission would like to increase the number of members to 11 to help with work and projects that need to be completed. Commissioner Witham expressed that she is not in favor of increasing the number of Museum Commission members as it would cause quorum issues. Commissioner Nichols explained that he understands Commissioner Witham's concerns but that gaining members and increasing participation could be useful. After further discussion, the consensus was to continue the conversation to the next Commission Session.
b. Order No. 2023-150 Appointing Kathleen Parker to the Baker County Fair Board for a term set to expire May 1, 2024.
Commissioner Witham moved to approve Order No. 2023-150. Commissioner Nichols seconded the motion. Motion carried.
c. Road: Order No. 2023-151 Correcting Order 2020-141 The Intent to Vacate a Portion of County Right-of-Way on County Road #994 Baker County, Oregon
Commissioner moved Nichols to approve Order No. 2023-151. Commissioner Witham seconded the motion. Motion carried.
d. Order No. 2023-152 Appointing Chelsea Blatchford to the Transient Lodging Tax Committee for a term set to expire August 1, 2026.
Commissioner Nichols moved to approve Order No. 2023-152. Commissioner Witham seconded the motion. Motion carried.
7. Ratification of Documents
a. Financial Reports: M15, V22, C66, C67, C68, C71, C12, C13, C14, C69, and the Treasurer’s Financial Report: October.
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:
1. Holiday Schedule: The Courthouse will close at 2 pm on Friday December 22nd.
9. Adjournment
Commissioner Witham moved to adjourn the meeting. Commissioner Nichols seconded the motion. Motion carried.
The December 6, 2023, Commission Session adjourned at 1:30 P.M.
Respectfully Submitted,
Erin Linan
Management Assistant
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