COMMISSION CHAIR SHANE M. ALDERSON                       March 6, 2024                       

COMMISSIONER CHRISTINA WITHAM

COMMISSIONER BRUCE A. NICHOLS

BAKER COUNTY BOARD OF COMMISSIONERS

The Baker County Board of Commissioners met for the March 6, 2024, 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

a.       Mr. Bill Harvey, of 14529 Rock Creek Lane, was present to discuss his concerns about the natural resource issues the County is facing. He noted that the federal government is attempting to restrict public access on an increasing amount of land. He expressed his appreciation for the work Commissioner Witham and Ms. Doni Bruland, Natural Resource Coordinator, have done and encouraged the Commissioners to continue to fight against the government’s efforts to shut down our public lands.

b.      Mr. Ken Helgerson, of 13738 Ben Dier Lane, was present to discuss the former Ward property located on Hughes Lane.  He wants to ensure there is public input on the infrastructure including roads, walking paths, etc.  He commented on the current condition of the fairground properties and noted that the Adler field would require major work in order to hold structures.  He noted the potential effects of moving the fairgrounds and expressed his opinion in keeping the fairgrounds in its current location due to its accessibility to the downtown area.  Commissioner Alderson reported that the Fair Board is looking at installing new bleachers and other projects to improve the current grounds. Commissioner Witham added that the Economic Development Council is in the beginning planning phases of the project including developing a layout and design for the property.  She added that they have encouraged the Fair Board to participate in discussions surrounding the property on Hughes Lane and they plan to have meetings to receive public input. 

c.       Mr. Ed Trindle of Baker County was present to discuss his concerns about the natural resource issues the County is currently facing, especially in the realm of cattle grazing.  He is appreciative of Commissioner Witham and Ms. Bruland’s efforts to address these issues. He reported that in the Baker area, there are five grazing permits not utilized and in Wallowa County, there are eighteen. He stated that a NEPA study would need to be conducted before the property can be offered for permitted use.  The Forest Service explained to him that it would take a minimum of twenty-one years to complete a NEPA study.  He expressed his frustration with primarily the Forest Service. He also explained elements of the Taylor Grazing Act, explaining that there used to be an advisory board for each district, however that is no longer the case. He encouraged the Commissioner’s advocate for re-establishing the BLM advisory boards and encouraged that the Commissioners invite representatives from the BLM and Forest Service to each commission session. Mr. Trindle again commended the work done by Commissioner Witham and Ms. Doni Bruland. Commissioner Alderson expressed his appreciation for them as well.

4.       Review/Approval of Minutes

a.       None

5.       Scheduled Business

a.       Public Hearing: Ordinance 2022-01 Amending Ordinance 84-1 and 2005-04 Northern Baker Transportation Improvement Plan:

Commissioner Alderson opened the public hearing and asked for testimony in favor or against.  Having none, he recommended that the Public Hearing be continued to June 5, 2024 at 9:00 a.m.

Commissioner Nichols moved to approve the continuation of the public hearing to June 5, 2024. Commissioner Witham seconded the motion. Motion carried.

b.      Road Department Update ~ Nolan Perkins, Roadmaster

Mr. Nolan Perkins, Roadmaster, was present to give a department update.  He reported that they have over 950 miles of roads recognized by the County.  Of that, approximately 192 miles are paved, 512 are gravel and 250 are unimproved.  They also maintain 78 bridges and other related features including culverts, traffic control signs and pavement markings.  The County Road Department is funded primarily through the gas tax, but also receives funding through ODOT’s Surface Transportation Block Grant Fund Exchange Program and the Secure Rural Schools (SRS) Act.  They are in their final year of receiving SRS funds and at this time, it is not clear if SRS funds will be re-authorized.  Staffing levels have continued to decrease over the years.  Mr. Perkins reviewed various projects completed.  He also commented on the new software program they use, IWorq, which tracks inventory and work orders.  Upcoming projects include improvements made to road facilities, replacing the Holbrook Creek Rd. Bridge, Wildfire Risk Reduction Grant, and he anticipates applying chip seal to the Pocahontas and Wingville areas, depending on the cost of the chip seal oil.    

c.       Contract Review Board

1.       Sheriff: Order No. 2024-117 Authorizing the Purchase of Goods and Services through the State or Federal Procurement Program:

Sheriff Ash reported that the County received a grant to upgrade the 911-dispatch center equipment, which was previously approved.  The order today, is to approve the equipment that was purchased through the State purchasing program. 

Commissioner Nichols moved to approve Order No. 2024-117 Authorizing the Purchase of Goods and Services through the State or Federal Procurement Program. Commissioner Witham seconded the motion. Motion carried.

2.       Road: Skid Steer Purchase Approval:

Mr. Ryan Davilla was present to request approval to purchase a 2018 Cat 262D Skid Steer from Western States Equipment for $21,850.89.  The original cost was $51,500, however, the Road Department had expended approximately $29,649 in rental fees the previous year and Western States agreed to apply those funds towards the purchase of the Skid Steer, resulting in a significant discount. 

Commissioner Witham moved to approve the purchase of the 2018 Cat 262D Skid Steer for $21,850.89 from Western States Equipment. Commissioner Nichols seconded the motion. Motion carried.

3.       Oregon Department of Transportation 5304 Grant Request:

Ms. Doni Bruland was present to request approval to apply for the 5304 Grant of $50,000, which includes a 20% match, which could be paid for by the Road Department or STIF funds.  If the County receives the grant funds, the County will apply for additional grant funding of $200,000 to be used in conjunction with the 5304 grant to conduct a study and update the Transportation Service Plan, which was last updated in 2005.  The Transportation Advisory Committee recommends approval of the County seeking funds to update the Plan. 

Commissioner Nichols moved to approve the Oregon Department of Transportation 5304 Grant Request of $50,000. Commissioner Witham seconded the motion. Motion carried.

d.      Halfway Land Grant Discussion:

Commissioner Alderson reported that he spoke with Halfway Mayor, Nora Aspy, who stated that the City of Halfway had explored the possibility of purchasing property just outside the city limits, which currently holds the old Wigwam.  Ultimately, the City decided not to purchase the property and she requested the County consider purchasing the property and designating the area as a Park.  Ms. Doni Brualnd reported the property consists of approximately 10 acres and that grant funds could be used to develop the property for RV sites.  Commissioner Alderson added that the County has adjacent property, which currently holds a visitor kiosk.  Commissioner Witham appreciates the history of the wigwam, but expressed concerns over the cost of developing the site.  Commissioner Nichols expressed that he does not want to compete with private industry and had concerns about the viability of creating infrastructure on a former mill site.  Discussion took place around focusing on current County projects and not take on additional projects at this time.  Commissioner Witham would like to support efforts to maintain the property as a historic site and to keep the wigwam, but would like to keep the County’s focus on current projects, specifically improving our existing Parks property.  She recommends that they consult with the Hells Canyon Visitor Center and see if they have an interest in purchasing the property or developing the site.  Commissioner Alderson believes that the County could benefit financially by expanding the RV sites, which could result in additional revenue for the Parks Department, which is currently operating at a loss.  There was not consensus to move forward with purchasing the property.  

e.       Emergency Operations Center Discussion:

Sheriff Ash reported that the County requested and received two million dollars in legislative funding to add on to the Sheriff’s building for and Emergency Operations Center and a space to  conduct training. It was discussed that a match of $666, 667 is required.  Mr. Dan McQuisten reported that following receipt of the funds, the County sent out an RFP to receive bids for architect services without a response and ultimately extended the RFP period and received one response, from COLE Architects.  Commissioner Nichols reported his concerns with the cost associated with the project and noted that the project would need to stay within the grant amount and should not exceed it. Sheriff Ash reported that it is his intent to sit down with the architect and develop a building plan within their budget.

Commissioner Nichols moved to approve the match amount of $666,667 for the Emergency Operations Center using Local Assistance and Tribal Consistency Funds.  Commissioner Witham seconded the motion.  Motion carried.   



Discussion: County Counsel, Kim Mosier reported that they are in the notice of intent to award phase and explained that they can still negotiate the contract. She reported that she reviewed the contract and notified Mr. McQuisten and Sheriff Ash of the areas she thought needed clarification and suggested the areas identified are addressed prior to signing the contract. Mr. McQuisten reported that they have started having those discussions.  Ms. Martin, Executive Assistant, questioned if they had requested an extension for the project, and Mr. Jason Yencopal, Emergency Management Director clarified the timeline.

6.       Documents to be Signed

a.       Order No. 2024-118 Appointing Kim Mosier-County Counsel (Non-Voting), Dennis Burke-EOCCO Consultant (Non-Voting), Bruce Nichols-Commissioner (Commissioner Liaison),  to the Health Care Systems Study Steering Committee.  Voting members will include: D. Nathan Defrees, Robert Gaslin, Paige Witham, Peter Johnson, David L. Peterson, Jr., Angela Blair, Riley Hall, Halfway Mayor, Nora Aspy, and Dr. Logan Mitchell.  Members will serve through the completion of the study and its presentation to the Board of Commissioners.

Commissioner Witham moved to approve Order No. 2024-118 appointing Kim Mosier-County Counsel (Non-Voting), Dennis Burke-EOCCO Consultant (Non-Voting), Bruce Nichols-Commissioner (Commissioner Liaison) and voting members D. Nathan Defrees, Robert Gaslin, Paige Witham, Peter Johnson, David L. Peterson, Jr., Angela Blair, Riley Hall, Nora Aspy, and Logan Mitchell to the Health Care Systems Study Steering Committee for a term set to expire at the completion of the project and its presentation to the Board of Commissioners. Commissioner Nichols seconded the motion. Motion carried.

b.      Order No. 2024-119 Re-appointing Carolyn Kerbs (EMS Medical Director) to the Baker County Ambulance Service Area Advisory Committee for a term set to expire March 1, 2027.

Commissioner Witham moved to approve Order No. 2024-119 re-appointing Carolyn Kerbs to the Baker County Ambulance Service Area Advisory Committee for a term set to expire March 1, 2027. Commissioner Nichols seconded the motion. Motion carried.

c.       Order No. 2024-120 Re-appointing Jeff Nelson to the Economic Development Council for a term set to expire March 1, 2027.

Commissioner Witham moved to approve Order No. 2024-120, re-appointing Jeff Nelson to the Economic Development Council for a term set to expire March 1, 2027. Commissioner Nichols seconded the motion. Motion carried.

d.      Order No. 2024-121 Re-appointing Wanda Ballard, Curtis Martin, Carrie Matthews, and Dan Johnson to the Baker County Natural Resource Advisory Committee for a term set to expire March 1, 2027.

Commissioner Witham moved to approve Order No. 2024-121, re-appointing Wanda Ballard, Curtis Martin, Carrie Matthews, and Dan Johnson to the Baker County Natural Resource Advisory Committee for a term set to expire March 1, 2027. Commissioner Nichols seconded the motion. Motion carried.

7.       Ratification of Documents

a.       Financial Reports: C90, C91, C92, C94, M17, C20, C21, C22, C23, C24, November Revenue/Expenditure Report, December Revenue/Expenditure Report, and January Revenue/Expenditure Report.

Commissioner Nichols moved to ratify the signatures on the aforementioned financial reports. Commissioner Witham seconded the motion. Motion carried.

8.       Other Business

a.       Commissioner Update:

·         Commissioner Witham reported that the City of Baker City is interested in purchasing the property in the Marble Creek area. She reported meeting with Joyce Bornstedt, Public Works Director and Barry Murphy, City Manager, to discuss the details. She also noted that the MOU was reviewed by County Counsel, Kim Mosier and noted her suggested changes.  The County has expressed interest in the rock pit and designation of a public road access through the property.  The current MOU also states that the County will assist with legal services to facilitate this purchase up to a maximum amount of $50,000, assist with maintenance of the road, and will coordinate for use of the existing rock associated with the mining rights associated with maintenance activities. Commissioner Nichols noted the importance of being able to access the rock pit, especially for maintenance purposes. He also noted the importance of securing the water rights as they feed into the watershed.  It was noted that expenses in legal fees to facilitate the purchase are not expected to be especially costly. The City has drafted an MOU with the County that reflects these interests.  Commissioner Witham also reported that the mine permit is still in place and that no environmental issues have been reported. It was also discussed that at this point the details are not permanent and would be finalized when the agreement is established. The Commissioners are not signing anything at this time, but provided consensus to move forward with the changes made to the MOU and will forward to the City for consideration. 

Commissioner Witham reviewed her comments on the USDA Draft Assessment Report of Ecological, Social and Economic Conditions on the Malheur, Umatilla and Wallowa-Whitman National Forests.  She stated that the deadline to submit comments is this Friday, March 8, 2024.  She is seeking approval from the Commissioners to review and approve the comments out of session.

Commissioner Nichols moved to authorize signature out of session on the USDA Draft Assessment Report of Ecological, Social and Economic Conditions on the Malheur, Umatilla and Wallowa-Whitman National Forests.  Commissioner Witham seconded the motion.  Motion carried. 

In other business, Commissioner Witham stated that she is working with Ms. Bruland on the riverbank stabilization project conducted by Idaho Power, but is located along the Hewitt-Holcomb Parks property. 

·         Commissioner Nichols reported that he has been working with the Museum to get their artifacts inventoried.  Commissioner Nichols noted that the current software used for inventorying is very slow and unproductive. He encouraged them to update their software, but the Museum Board was concerned with the cost. Commissioner Witham suggested that they involve the Baker County Tech Department. Commissioner Nichols has also been working with them on and educated them on how their Endowment funds can be used and provided them with the by-laws.   

Commissioner Nichols gave a brief update on the broadband grant-funding noting that 33 out of the 36 counties have applied for BTAP funds.  Commissioner Nichols also brought up SB 1575, which pertains to the liability associated with contracting work for architectural, engineering, photogrammetric mapping, transportation planning, and land surveying services or related services and the County’s responsibility for the liability. Commissioner Alderson noted that he and Roadmaster Noodle Perkins submitted testimony against it.

·         Commissioner Alderson reported that approximately $300 million has tentatively been allocated by the legislature for housing.  He reported details related to reformed Measure 110 was approved which includes a “deflection program”, which means that individuals who are cited, will be required to attend treatment, but that if they fail to follow through with treatment, it could lead to jail time. 

b.      Comparison of Calendar:

Commissioner Witham reviewed her upcoming schedule, which includes a wildfire-mapping meeting tomorrow. She also noted meeting with Natural Resource Committee, a threat reduction plan meeting, and meeting with the Sage Grouse LIT coordinator as the current coordinator is leaving. Commissioner Witham noted that on March 12 from 5-7 there is a WWNF open house at the Event Center where they can discuss the current WWNF projects and encouraged Commissioner Nicholas and Commissioner Alderson to attend.



Commissioner Nichols reported that he attended the Eastern Oregon Caucus call. He noted that he plans to listen to the steering committee meetings and is considering the AOC legislative meeting in person. It was noted that there was a Greater Idaho discussion on the special session on March 13.

Commissioner Alderson reported that he would be meeting with the Halfway City Council. He also has a meeting this afternoon with a government affairs staff member with the National Association of Realtors. He noted that he is also meeting with Brian Tweit. He also mentioned meeting with Lisa Dawson regarding the potential grant funding for the event center project. He expressed concern that they may not be ready to apply at this point and is concerned with submitting an incomplete application. Commissioner Nichols noted that he disagrees because the funding may not be available later. Commissioner Witham noted that she seeing both sides to the discussion but encouraged pursuing the grant at this time and suggested using the Parc Resource plan to apply. Commissioner Nichols reported that he would also talk with Ms. Dawson to get more information.  It was noted that they could follow up and discuss at session next week, as they may need to discuss approving bids for a grant writer.

9.       Adjournment

Commissioner Witham moved to adjourn the meeting. Commissioner Nichols seconded the motion. Motion carried.

The March 6, 2024, Commission Session adjourned at 12:00 p.m.

Respectfully Submitted,

Meranda Woolard

Program Coordinator