COMMISSION CHAIR SHANE M. ALDERSON June 5, 2024
COMMISSIONER CHRISTINA WITHAM
COMMISSIONER BRUCE A. NICHOLS
BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the June 5, 2024, Commission Session. Present were Commissioner Shane M. Alderson, Commissioner Christina Witham, and Commissioner Bruce A. Nichols.
Executive Session per ORS 192.660(2)(a): 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 for any decisions to be made.
The Commissioners returned to session and made the following motion:
Commissioner Witham moved to sign an engagement letter with Robert Franz and allow Commissioner Alderson to sign the engagement letter out of session. Commissioner Nichols seconded the motion. Motion carried.
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. None
3. Citizen’s Participation
a. None
4. Review/Approval of Minutes
a. March 13, 2024 Commission Session Minutes
Commissioner Nichols moved to accept the March 13, 2024 Commission Session minutes as amended. Commissioner Witham seconded the motion. Motion carried.
b. March 20, 2024 Commission Session Minutes
Commissioner Nichols moved to accept the March 20, 2024 Commission Session minutes as presented. Commissioner Witham seconded the motion. Motion carried.
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 comments in favor or against the Plan.
Ms. Holly Kerns, Planning Director, was present and reported that they are in the process of scheduling hearings in the near future, but at this point, this public hearing will be continued until September 18, 2024.
Commissioner Nichols moved to continue the hearing to September 18 2024 at 9:00 a.m. Commissioner Witham seconded the motion. Motion carried.
The public hearing was closed.
b. Administrative Policy: Zoning Ordinance Enforcement
Ms. Kerns stated that this agenda item comes before the Commissioners following a discussion in work session several weeks ago. Ms. Kerns reviewed options in developing a policy that would establish procedure regarding the enforcement of the Baker County Zoning Ordinance. Ms. Kerns reviewed all of the options, but ultimately recommends a combination of three options which include voluntary compliance, ordinance amendment and formal enforcement which would include issuing a citation. The ultimate goal; however, is to reach compliance through voluntary efforts.
The Commissioners discussed having the Planning Department bring forward a request to the Board of Commissioners for recommendation of formal enforcement prior to the Sheriff issuing a citation, which would be filed in Justice Court. They were also in favor of allowing other departments and members of the public to file a complaint, but were not in favor of accepting anonymous complaints. The Commissioners directed Ms. Kerns to develop a policy based on their discussion and return to session for approval.
c. Contract Review Board
1. Planning: Sage Grouse LIT Grant Request: Ms. Kerns reported that this grant would provide funding to treat larger landscape scale invasive annual grasses (IAG) across 5,000+ acres on BLM land in 2024, 2025, 2026 and 2027. Grant funds are for $58,750 with a match from the BLM in the amount of $57,970 to implement treatments in 2024. In essence, this project will serve as a forage bank or livestock permittees to get reimbursed for finding alternative pasture or hay during BLM’s mandatory rest period following IAG treatments. Commissioner Nichols moved to approve the grant request. Commissioner Witham seconded the motion. Motion carried.
2. Road: Purchase 2024 Weiler TT600 Tack Distributor Trailer
Roadmaster Noodle Perkins reported that the Road Department has had to borrow the City’s equipment; however, they keep running into issues where the equipment isn’t always available when they need it. They will offset the cost of the purchase by trading in their 1987 Cat 416 backhoe that is at the end of its life. Bids were received with Western States submitting the lowest bid. With the trade-in, the difference would be $27,372.20. Commissioner Witham moved to approve the purchase of the Weiler TT600 Tack Distributor Trailer for $27,372.30 from Western States Equipment. Commissioner Nichols seconded the motion. Motion carried.
3. Road: Purchase 2011 Caterpillar 420E IT Backhoe
Roadmaster Perkins reported that this backhoe would be purchased through the Oregon State Surplus for $15,000. It has forks, so we would need to purchase a bucket. This is a newer backhoe that has reduced emissions.
Commissioner Witham moved to purchase a Caterpillar 420E IT Backhoe from the State Surplus Program for $15,000. Commissioner Nichols seconded the motion. Motion carried.
4. Road: 2024 Transportation and Growth Management Program Grant Request
Ms. Kelly Tanzey was present to discuss the Plan, which was originally written in 2005. An assessment was done recently and it was recommended that the County update the Transportation System Plan. This grant would help pay for a consultant to help with that update. They only need a partial update because we can include the Northern Baker Transportation Improvement Plan and the Coordinated Human Services Plan. The average cost to update the plan is $245,000with a match of 10.27%. As a distressed community we can apply for forgiveness of up to 50% of the 10.27%. In addition, STIF funding can help cover the cost of the match.
Commissioner Witham moved to apply for the grant request and to authorize Chair Alderson to sign a letter of support out of session. Commissioner Nichols seconded the motion. Motion carried.
5. Health Dept.: Oregon Kitchen Table (OKT)Agreement ~ Community Health Assessment
Ms. Meghan Chancey, Public Health Director, reported that OKT will conduct a study to help identify goals and objections for community engagement and project management. They will help analyze what is learned during their outreach interviews and will meet with the County. The study is expected to be completed by the end of December. The estimated cost is $77,125 and will be funded through the Modernization Grant. Ms. Kim Mosier added that OKT is staffed through Portland State University and there will be an Intergovernmental Agreement with them. The assessment will align with public health and overall community health issues. Feedback from others who have worked with OKT has been positive.
Commissioner Nichols moved to approve the IGA with Portland State for $77,125. Commissioner Witham seconded the motion. Motion carried.
6. Health: Professional Services Agreement with Joelene Peasley, Nurse Practitioner
Ms. Chancey reported that Ms. Peasley, who is based out of La Grande, will provide family planning services at a rate of $75/hour with an average of 10 hours per month. The County will also reimburse Contractor for liability insurance up to an amount of $1,500. The term of the agreement is June 1, 2024 through June 30, 2025. Grant funds will help fund a portion of her work.
Commissioner Witham moved to approve the agreement with Joelene Peasley, Nurse Practitioner, for family planning services at a rate of $75/hr. Commissioner Nichols seconded the motion. Motion carried.
7. Health: Professional Services Agreement at the School Based Health Center with Monte Anderson, PA-C.
Ms. Chancey reported that we have been contracting with Mr. Anderson for 10 years and he has not received an increase in pay during that time. This new agreement reflects a slight increase to that rate and is now $70/hr. He will work 10 hours per week with additional payment for sports physicals. The term of the agreement is July 1, 2024 through June 30, 2025.
Commissioner Witham moved to approve the agreement with Monte Anderson, PA-C for $70/hr. Commissioner Nichols seconded the motion. Motion carried.
8. Technology: Postage Machine Lease Renewal
Mr. Bill Lee, Technology Director, reported that this is a renewal lease with Quadient. They received other bids, but Quadient is the low bid of $259.83/mo. for a total of $15,589.80 over 60 months.
Commissioner Nichols moved to approve the lease agreement with Quadient for a total of $15,589.80. Commissioner Nichols seconded the motion. Motion carried.
9. Parks: Waterline Engineering RFP
Ms. Kim Mosier, County Counsel, reported this will be a formal RFP process. This is modeled after the RFP that we did for the Sheriff’s Emergency Operation Center. For proposers, the funding is available for this contract, but funding for the rest of the project is going to be through grants not yet secured. Ms. Mosier explained that engineering proposals cannot consider pricing proposals until it’s determined by the evaluation team that they are responsive to the RFP. If more than one is responsive, then you can ask for pricing proposals. Ms. Bruland recommends the evaluation time consisting of the Facilities Director, Ms. Bruland and Commissioner Witham. Commissioner Witham also recommended that the Roadmaster be included. The total cost estimate of the project is estimated to be $1,625,000.
Commissioner Witham moved to accept the Parks Waterline Engineering RFP. Commissioner Nichols seconded the motion. Motion carried.
d. Department Update: Baker County Clerk’s Office ~ Stefanie Kirby, County Clerk
Ms. Kirby reported that staffing hasn’t changed with two full-time deputies. She also has 16 hourly election workers that are called upon as needed. Ms. Kirby reviewed the duties of the Clerk, which include: record property records, commissioner court work, maintain records, marriage license, passports, elections and the staffing of the BOPTA, board of property tax appeals, which is now called Property Values Appeal Board (PVAB).
Ms. Kirby reported there were 148 passport applications processed, 33 marriage licenses and have recorded 1023 documents for the first five months, which is slightly higher than last year. There are 13,063 active voters, which is an increase of approximately 200.
She stated that she is still working on the May primary election and she is currently in the middle of the challenge period. She hopes to certify results on June 12. Ms. Kirby reported that the counties within the state of Oregon will be moving towards a centralized voter registration, which will likely begin in 2025. The November election will include the election of county and city officials, any added measures as well as some of the districts. The deadline to file is August 16. Ms. Kirby expressed her appreciation to IT Director, Bill Lee, who always stays up late on election night to post preliminary results.
e. Discussion: TLT IGA with Baker City
City Manager, Barry Murphy, was present to discuss the City’s request. Mr. Murphy stated that prior to the County administering TLT funds for the City, the City collected 25% of the funds to the general fund. He would like to see funds returned to the City.
He would like to see some of the funds go towards police and fire services with the restricted funds going towards city promotion. He noted that 80% of the TLT revenue is coming from the City and that the primary funding for cities of our size includes franchise fees, property taxes and TLT revenue. He would like to continue the partnership with the County, but would like to see the TLT revenue going to the City.
Commissioner Alderson stated that he believes the County could extract out the amount of revenue received from entities within the City limits and could potentially pass through those funds, but that it could have a significant impact on economic development in the amount of $200,368.36. Mr. Murphy believes that the video lottery funds and some of the TLT funds would help fund economic development. Commissioner Witham mentioned that another option is for the City to discontinue the agreement with the County for the County to administer the TLT funds collected within the City limits.
Ms. Kim Mosier, County Counsel, provided context to the discussion by stating that the County TLT Ordinance provides enforcement throughout the county unless a city agrees to allow the ordinance to be enforced within their city limits. The County collects 7% of the transient lodging tax that the lodging entity takes in who then remits it to the County. Those cities who have signed an agreement with the County also remit those funds to the County. All of the small cities, with the exception of Richland and Greenhorn, have signed an agreement with the County for the County to administer and enforce that ordinance, which has been in place since 2006.
In the letter submitted by the City, Mr. Murphy mentions Union County’s/City of La Grande’s TLT structure. Ms. Mosier describes that structure, which is the City of La Grande collects and administers a 6% TLT tax for the City and a 3% TLT tax for the County. Ms. Mosier notes that Baker County, in the County’s ordinance, outlines that 70% of the TLT tax funds will go towards tourism, 25% will be used on economic development and 5% is collected as an administrative fee. If the County wants to change the structure, she advises the Commissioners to have a thorough conversation with the TLT committee prior to making any changes. Mr. Murphy believes he could maintain the status quo for economic development. Commissioner Alderson would like to sit down with the chairperson from the TLT committee and Economic Development Council to continue discussion and would like to see the City’s request go to the TLT for review. There was consensus to schedule a work session to continue the conversation.
6. Documents to be Signed
a. Order No. 2024-127: Cancellation of Wholly Uncollectible Utility, Personal and Real Property Taxes. Ms. Robinson, County Treasurer/Tax Collector, reported that as businesses leave, they don’t pay their taxes and we take them off the tax roll. The total cancellation amount is $25,302.18.
Commissioner Witham moved to approve Order No. 2024-128: Cancellation of Wholly Uncollectible Utility, Personal and Real Property Taxes. Commissioner Nichols seconded the motion. Motion carried.
b. Resolution No. 98-01: Tax Refund
Ms. Robinson reported that this is a refund and that refunds are sometimes a result of a reduction in property value or because a property owner qualifies for a reduction because they are a veteran. This resolution is for a total refund in the amount of $4,649.29.
Commissioner Witham moved to approve Resolution No. 98-01. Commissioner Nichols seconded the motion. Motion carried.
c. Letter of Support: Baker City Fire Department ~ Ambulance Service Licensing
Mr. Jason Yencopal, Emergency Management Director, was present to discuss the letter. He reported that Baker City would like to respond to large wildfires and to do so, the County would need to provide a letter of support in order for the City to obtain licensing to do so. Mr. Yencopal reached out to the Ambulance Service Area Committee who had no objections. He also reached out to Oregon Health Authority (OHA), who has reviewed the Plan, but did not specifically respond to the City’s proposal. Mr. Yencopal would like to see this as the first right of refusal and develop mutual aid agreements, which would be the placeholder until these changes are incorporated into the County’s Ambulance Service Area Plan. Mr. Yencopal reported that he wants to ensure the primary service provider is supported and does not want to jeopardize those services by having multiple providers.
Commissioner Witham expressed concern that if the City is out on wildfires, who will cover services at home? Mr. Murphy reported that it was the City’s original intent to send personnel to wildfires, but then once he was hired and following discussion with Council, he feels that it would be difficult to respond. He has spoken with Pioneer ambulance services and their biggest revenue source is transports; however, they are limited on providing transports because they don’t have enough personnel to serve while they are out of the area on a transport call.
Mr. Murphy believes if the City had a license, they could enter into an agreement to serve as backup while they are out on a transport call. Following discussion, it was decided that the Letter of Support that is being presented today from the County doesn’t line up with what the City is requesting and needs to be revised. Mr. Yencopal will report back with an updated letter.
7. Ratification of Documents
a. Amendment #1 to the 2024-25 IGA #PO-44300-00026002 for the Financing of Community Mental Health, Addiction Treatment, Recovery & Prevention and Problem Gambling Services.
Commissioner Witham moved to ratify Amendment #1 to the 2024-25 IGA #PO-44300-00026002 for the Financing of Community Mental Health, Addiction Treatment, Recovery & Prevention and Problem Gambling Services. Commissioner Alderson seconded the motion. Motion carried.
b. Amendment #2 to the 2024-25 IGA #PO-44300-00026002 for the Financing of Community Mental Health, Addiction Treatment, Recovery & Prevention and Problem Gambling Services.
Commissioner Witham moved to ratify Amendment #2 to the 2024-25 IGA #PO-44300-00026002 for the Financing of Community Mental Health, Addiction Treatment, Recovery & Prevention and Problem Gambling Services. Commissioner Alderson seconded the motion. Motion carried.
c. Financial Reports
Commissioner Nichols moved to ratify the signature of the following financial reports: C21, C20, C18, C22 and C36. Commissioner Witham seconded the motion. Motion carried.
8. Other Business
a. Valentine Health Advisor (VHA) Recommendation: VHA has recommended the County consider the formation of two teams: one that would connect with Trinity Health Systems and one to explore the option of a health district. The County Commissioners held a work session in May, 2024, where they met with the VHA Steering Committee who put forth names for these two teams. The Commissioners agree that they don’t want to appoint people to these two teams, but would designate a County representative to serve on the Trinity Team and have Public Health Director, Meghan Chancey, serve as a liaison to the Community Group.
The Commissioners discussed the Trinity Team representatives to include Dr. Hutnak, Dennis Burke, Dr. Defrees, Kim Mosier and Rob Gaslin. Alternatives will be Mr. Chaves and Dr. Hofmann. Commissioner Witham would like to see our County representative and one additional Team member meet with Trinity in person, while the other members attend virtually in order to keep expenses low. Commissioner Alderson believes there may be funding from Eastern Oregon Coordinated Care Organization to help fund the attendance of Mr. Burke at the Trinity meeting. Commissioner Nichols will reach out to Mr. Gaslin and the others. The Commissioners would also like to see someone from the Trinity Team involved in the Community Group.
b. Commissioner Update and Calendar Review
The Commissioners reviewed recent meetings. Discussion items to note include:
1) June 19, 2024 Commission Session Canceled
2) June 25, 2024 Work Session with City of Baker City
3) Blue Mtn. Forest Plan Revision: Commissioner Witham reported that the public comment relating to the proposed wilderness areas and wild and scenic rivers will be coming out this summer. In October, they will provide revised maps with the opportunity for additional community comment. She stated that Senator Merkley and Senator Wyden’s plan for wild and scenic rivers is more stringent than the existing rules. The County’s stance is to address access for emergencies, such as a wildfire. We are also addressing historic factors, mining and grazing.
4) Travel Management Plan: Commissioner Witham reported that she anticipates the Travel Management Plan to follow the Blue Mtn. Forest Plan Revision. She reported that we are one of two forests that will be under review and held a conversation where the regional office doesn’t believe a travel management plan is needed for the Wallowa Whitman based on the limited number of vehicles encountered.
5) Marble Creek Property Purchase: The Commissioners agreed to have Commissioner Witham work with the Road Department and the City to work through their concerns regarding the Assignment.
6) Idaho Power will be working on the bank stabilization and hope to have the project completed this Fall. The County Park will receive funding from Idaho Power to complete the landscaping following the project.
7) Total Maximum Daily Limit (TMDL) Update: The DEQ has finalized their ruling and the County, along with special districts, will be required to have a plan in place to address the TMDL in the Powder River Basin within eighteen months. Commissioner Witham, as part of the County’s Plan, would like to do this by going to OWEB to request funding to conduct studies relating to DNA findings, turbidity, temperature, bacteria, etc.
8) The County will re-activate the Parks Board and recruit members.
9) Grasshopper/Mormon Cricket Agreement: Commissioner Witham reported that the application is on the County’s website.
10) Baker County Weed Levy: Tri-County has expressed support for the County’s Weed Levy and would like to hold their October meeting in Baker City. Tri-County has also waived the County’s $5,000 fee. The Board is forming a PAC to help bring awareness and garner support.
11) Wildland Urban Interface: Commissioner Witham will reach out to emergency management regarding possible WUI funds to the County.
9. Adjournment
Commissioner Nichols moved to adjourn the meeting. Commissioner Witham seconded the motion. Motion carried.
The June 5, 2024, Commission Session adjourned at 12:00 p.m.
Respectfully Submitted,
Heidi Martin,
Executive Assistant |