AGENDA

Baker City Councll Regular Meeting

Tuesday. May 25. 2010
7:00 P.M. Regular Session
Baker City Hall Councll Chambe
Regular Session
Staff Person Action
1. Call to Order
2. Pledge of Allegiance/Invocation (Councilor Pope)
3. Roll Call J. Watkins
4. Consent Agenda
a. Minutes of May 11, 2010 Regular Meeting
b. Approval of Fund Exchange Agreements
c. National Building Safety Proclamation
J. Watkins
M. Owen
Motion/Approve
5. Citizens' Participation
6. Request for Assistance with Kirkway Reach Project S. Bogart Motion/Approve
7. Request for Approval of Task Order #2 with HDR Engineering for M. Owen
LT2 Treatment Project
Motion/Approve
8. Request for Approval of Criminal Forfeiture Distribution Agreement W. Lohner Motion/Approve
9. Discussion and Selection of Wastewater Treatment Method M. Owen Motion/Approve
10. City Manager/Director Comments
11. Council Comments
12. Adjourn
Baker City operates under an EEO policy and complies with Section 504 of the Rehabilitation Act of 1973 and the Americans
with Disabilities Act. Assistance is available for individuals with disabilities by calling 523-6541.
#1) Call to Order
EXECUTIVE SESSION:
Discussion of Union
Negotiations 192.660(2)(d)
#2) Pledgennvocation
#3) Roll Call
#4) Consent Agenda
a. Minutes of April 27,
2010 Regular Session
b. Proclamation for
Poppy Day
#5) Citizen's Participation
#6) Powder River
Correctional Facility
a. Proclamation for
BAKER CITY COUNCIL
REGULAR MEETING
Tuesday, May 11, 2010
The meeting was called to order at 6:30 p.m. by
Mayor Dennis Dorrah in Baker City Hall Council Chambers.
The Council immediately entered into Executive
Session pursuant to ORS 192.660(2)(d) to discuss union
negotiations. The Council reentered regular session at 7:00
p.m.
In the absence of Councilor Milo Pope, the Pledge of
Allegiance and Invocation were led by Councilor Button.
Roll call was answered by Mayor Dennis Dorrah,
Councilors Beverly Calder, Aletha Bonebrake, Sam Bass and
Clair Button. Councilors Milo Pope and Andrew Bryan were
absent. Also present were City Manager Steve Bogart,
Assistant City Manager/Community Development Director
Jennifer Watkins, Police Chief Wyn Lohner and Deputy City
Recorder Becky Fitzpatrick.
At this time, the Council reviewed the Consent Agenda,
which included the minutes of the April 27, 2010 regular
meeting and a proclamation for Poppy Day.
Ms. Calder asked to make an addition to page four of
the minutes.
Upon a MOTION by Mr. Button, seconded by Ms.
Calder and with all in favor, the consent agenda was
APPROVED as amended.
Mayor Dorrah read the Poppy Day Proclamation and
invited the groups representing the Veterans of Foreign Wars
(VFW) and the American Legion to come forward. The
children sold poppies to those present.
The next item on the agenda was citizen's participation.
Dave Davis, 3340 Eagle Crest Way, Baker City indicated that
the Baker City boys' golf team had qualified that day for the
state tournament. He added that one girl had also achieved
that status.
Next on the agenda was an update from Jean Hill at
the Powder River Correctional Facility (PRCF) and a
proclamation for National Corrections Employee Week.
Page lof6
City Council Minutes Regular Meeting May 11,2010
National Corrections
Employee Week
b. Update from
Superintendent Jean
Hill
Mayor Dorrah read the National Corrections Employee
Week proclamation.
Jean Hill, 2418 Madison Street, Baker City stated that
she was the Superintendent of the Powder River Correctional
Facility located in Baker City. She commented that she was
thankful for the ongoing support of the Community.
Ms. Hill explained that this facility was the only one in
the state with a mission of intensive drug treatment. She
added that she wanted to make a point to recognize the
volunteers and let them know how proud she was of them.
Ms. Hill indicated that two of the members of the Prison
Advisory Committee were present at the meeting: Karen
Yeakley, Mayor Dorrah, Ms. Bonebrake and Chief Lohner.
Karen Yeakley, 42687 Hudson Road, Baker City,
explained the she was the chair of the Committee. She
commented that the prison had started out as a work camp
but now has intensive drug and alcohol treatment programs
for the inmates.
Ms. Hill commended Ms. Yeakley for all she does for
the prison.
At this time Ms. Hill introduced Shari Selander who was
replacing Bart Murray as CEO of New Directions Northwest.
Ms. Selander indicated that although she had grown up
in the Baker City area, for the past thirteen years she had
been employed by the Southern Illinois School of Social Work.
As she explained her mission, she commented that she feels
an obligation to the Oregon taxpayers to raise the bar where
treatments for inmates were concerned.
Ms. Hill commented that Ms. Selander was an asset to
the Baker City community. In a brief update of the budget,
she explained that the department was proposing a 25%
reduction for the next biennium.
Ms. Hill thanked the Council for the recognition of her
nearly 40 years of service with the Oregon Department of
Corrections and indicated that she would be leaving at the
end of May.
Ms. Hill explained that there would be some changes,
Page 2 of6
City Council Minutes Regular Meeting May 11,2010
#7) Resolution No. 3645
Establishing Parking
Limitations for Hells
Canyon Motorcycle Rally
including a new Operational Manager, Ken Neff.
Mr. Neff, 911 Amy, Haines, indicated that had worked
for the Department of Corrections for 20 years and during the
2% years in Baker City had worked with Ms. Hill and Ms.
Yeakley. He noted that he admired their leadership.
Mayor Dorrah thanked Ms. Hill once again for her years
of service.
The next item on the agenda was Resolution No. 3645,
establishing parking limitations for Hells Canyon Motorcycle
Rally.
Taken from staff report:
Background:
At the last Council meeting, staff was asked to visit with
Historic Baker City, Inc. (HBC) to get feedback from the
downtown merchants about the parking. Ann Mehaffy,
Executive Director of HBC, surveyed the downtown merchant
community. As Friday, May 7, she had received 23
responses. Nineteen merchants indicated that they were in
favor of motorcycle only parking, three indicated that they
were opposed, and one indicated that they were uncertain.
While parking restrictions are not common, this is not an
unprecedented action by the CounCil. In fact, within the next
couple of meetings the Council will be asked to again close
and restrict parking for several streets within the downtown
core for the Elkhorn Classic Bike Race. Due to safety issues
for the racers, the complete circuit is kept clear of parked
vehicles for an entire day in June. The event, much like the
Hells Canyon Motorcycle Rally, provides an economic boost
to the community. Because of this, previous Councils have
felt that it was important to accommodate these guests and
the numerous spectators these events bring.
Ms. Watkins reviewed the staff report and indicated that
the event organizers were doing some things a little differently
this year.
Ms. Calder stated that she had discussed this issue
with several downtown merchants and did not think that a
survey should be conducted via email. She indicated that
safety was a concern, as well as taking the parking away
during Friday afternoon business hours. Ms. Calder
suggested reducing the motorcycle-only parking hours on
Friday.
Page 3 01'6
City Council Minutes Regular Meeting May 11.2010
#8) Request to Amend
Union Contracts
Mr. Bass made a MOTION to accept the staff
recommendation as stated in the staff report. He commented
that this had already been discussed at a previous meeting
and that staff had gathered the feedback requested by the
Council.
In response to a comment regarding safety by Mr.
Button, Chief Lohner explained that the changes in the event
were from the organizers; it was their idea to keep Main Street
open this year.
In a discussion regarding the restricted parking on
Friday, Chief Lohner stated that there was no problem with
changing the hours on Friday since Saturday is the main day
for the event.
As the group continued the discussion, Mr. Bass
WITHDREW his motion.
Ms. Bonebrake made a MOTION to approve Resolution
No. 3645 stating that motorcycle-only parking would be
allowed on Main Street from 4:00 p.m. to 10:00 p.m. on Friday
and noon to 10:00 p.m. on Saturday. The motion was
seconded by Ms. Calder.
In response to a request by Ms. Bonebrake to have
good signage regarding this, Chief Lohner explained that
there would be volunteers posting signs prior to this event.
Mr. Button thanked Ann Mehaffy of HBC for her effort
to survey the membership.
Upon a vote of the Council, with all in favor except Mr.
Bass, who was opposed, Resolution No. 3645 was
APPROVED as amended.
RESOLUTION NO. 3645
AUTHORIZING TEMPORARY PARKING
RESTRICTIONS FOR
HELLS CANYON MOTORCYCLE RALLY
Next on the agenda was a request to amend union
contracts.
Mr. Bogart explained that there had been the possibility
of the Fire Fighters and Police associations waiving the cost
of living adjustment (COLA) increases that were approved
Page 4 01'6
Cily Council Minules Regular Meeling May 11,2010
#9) City
ManagerlDepartment Head
Comments
with the ratified contract in 2008. Although the Police
Association agreed to waive the COLA for one year and
possibly reopen the contract in the next budget year, the Fire
Fighters Association agreed to waive the COLA with
conditions. Because of this, Mr. Bogart recommended no
modifications to either contract at this time.
Ms. Bonebrake thanked the Police Association for
standing up and trying to help with budgetary matters. She
noted that she not think it was appropriate to approve or
disapprove these changes separately.
Mr. Button clarified that the City Charter clearly states
that it is the role of the City Manager to bring to the Council
recommendations for staffing levels in the budget. The City
Council does not address positions or staffing levels, but
rather the budget. Mr. Button commented that it was up to the
Council to set boundaries within which the budget is formed.
Mr. Button thanked the Police and Fire Fighters
Associations for good faith negotiations.
Mayor Dorrah agreed it was a noble gesture on the part
of the unions.
Ms. Calder made a MOTION to commend the
associations and to adopt the City Manager recommendation
to leave the contracts as they stand. The motion was
seconded by Ms. Bonebrake and, with all in favor, the motion
CARRIED.
Under City Manager/Department Head comments,
Chief Lohner indicated that in addition to the proclamations
read earlier, he wanted the group to know that it was National
Law Enforcement Officers Memorial Week. He noted that this
was the week that the nation recognizes all the officers who
have lost their lives in the line of duty.
Chief Lohner also commended his department for
offering to do what they thought was right where the budget
was involved.
At the request of Mr. Bogart, Chief Lohner explained
that the local Drug Task Force had accomplished quite a bit
recently in stopping the flow of drugs into the community. He
commented that Detective Sharon Bass had been working on
that issue.
Page 5 of6
City Council Minutes Regular Meeting May J I, 2010
#10) Council Comments
#11) Adjourn
Mr. Bogart reminded the group that at the next regular
meeting they would be asked to make a major decision as to
the choice for effluent disposal. This, he added, would be a
multimillion dollar commitment. Mr. Bogart indicated that
Public Works Director, Michelle Owen, was in Tacoma as a
speaker in a Public Works forum speaking about the Aquifer
Storage and Recovery (ASR) project.
Mr. Bogart thanked both the Fire and Police
associations for considering a change to their contracts. He
reminded the group that the draft budget packets would be
sent out on the upcoming Friday.
Under Council comments, Mr. Bass commented that he
had seen Turbo, the drug enforcement dog, in action doing a
search along the freeway.
Mr. Button commented that he was lucky to have
recently met with some friends who had served in the military
with him.
Ms. Calder commented that there were 97 inspections
in April. She noted that she thought this was a good indicator
that people were out there working.
Mayor Dorrah noted the new sign on Washington
notifying people about construction of the Leo Adler Parkway
project. He also commented on a new light where the
Parkway crosses Campbell Street.
With no further business to discuss the meeting was
ADJOURNED at 8:03 p.m.
SIGNED: _
Mayor
ATTEST: _
City Recorder
Page 60f6
City Council Minutes Regular Meeting May 11, 2010
CITY OF BAKER CITY
Meeting Date: May 25, 2010
Agenda Item: Consent w..B
Agenda Title: Acceptance of 2010 Fund
Exchange Agreement
Action Statement
Type of Action Requested:
Resolution No.
---
Ordinance No.
---
_ . . . . : X ~ Formal Action/Motion _
The Council may approve the 2010 Fund Exchange Agreement with the State for
transportation dollars of $97,899.
Background
The City annually exchanges Federal Surface Transportation Project (STP) funds for State
funds to complete our Thin Overlay or Chip Seal projects. This exchange results in a $94
for $100 deal and allocates $97,899 towards the improvement of several city streets. The
exchange of Federal for State dollars assists the City by eliminating numerous federal
requirements on our local project and allows the dollars to go further on street
improvements.
Alternatives
1. Approve the agreement with the State.
2. Do not approve the agreement or receive funds from the State.
Recommendation
Accept the fund exchange agreement.
Is this recommendation supported by an advisory committee? Check those that apply:
o Airport Commission
o Golf Board
o Historic District Design Review Committee
o Planning Commission
o Public Works Advisory Committee
o Transient Lodging Tax Committee
o Tree Board
X Other -Budget Board
o Not Applicable
Suggested Motion
Move to approve the 2010 Fund Exchange Agreement
Prepared by: Michelle Owen, Director of Public Works
Misc. Contracts & Agreements
No. 26768
2010 FUND EXCHANGE AGREEMENT
Chip Sealing of Various City Streets
BAKER CITY
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and BAKER CITY, acting by and through its elected officials, hereinafter referred to as
"Agency," collectively referred to as the "Parties."
RECITALS
1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and
366.576, ODOT may enter into cooperative agreements with counties, cities and
units of local governments for the performance of work on certain types of
improvement projects with the allocation of costs on terms and conditions mutually
agreeable to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Agency has submitted a completed and signed Part 1 of the Project Prospectus, or
a similar document agreed to by State, outlining the schedule and costs associated
with all phases of the overlaying andlor chip sealing of various city streets,
hereinafter referred to as "Project."
2. State has reviewed Agency's prospectus and considered Agency's request for the
Fund Exchange. State has determined that Agency's Project is eligible for the
exchange of funds.
3. To assist in funding the Project, Agency has requested State to exchange 2010
federal funds, which have been allocated to Agency, for state funds based on the
following ratio:
$94 state for $100 federal
4. Based on this ratio, Agency wishes to trade $104,148.00 federal funds for
$97,899.00 state funds.
26768 - 1 -
5. The term of this Agreement will begin upon execution and will terminate three (3)
years later on the same day and month unless extended by an executed
amendment.
6. The Parties agree that the exchange is subject to the following conditions:
a. The federal funds transferred to State may be used by State at its discretion.
b. State funds transferred to Agency must be used for the Project. This Fund
Exchange will provide funding for specific roadway projects and may also be
used for the following maintenance purposes:
i. Purchase or Production of Aggregate. Agency shall ensure the purchase or
production of aggregate will be highway related and used exclusively for
highway work.
ii. Purchase of Equipment. Agency shall clearly describe how it plans to use
said equipment on highways. Agency shall demonstrate that the equipment
will only be for highway purposes.
c. State funds may be used for all phases of the Project, including preliminary
engineering, right of way, utility relocations and construction. Said use shall be
consistent with the Oregon Constitution and statutes (Section 3a of Article IX
Oregon Constitution). Agency shall be responsible to account for expenditure of
state funds.
d. This Fund Exchange shall be on a reimbursement basis, with state funds limited
to a maximum amount of $97,899.00. All costs incurred in excess of the Fund
Exchange amount will be the sole responsibility of Agency.
e. State certifies, at the time this Agreement is executed, that sufficient funds are
and authorized for expenditure to finance costs of this Agreement
within State's current appropriation or limitation of the current biennial budget.
f. Agency and any contractors, shall perform the work as an independent
contractor and will be exclusively responsible for all costs and expenses related
to its employment of individuals to perform the work inclUding, but not limited to,
retirement contributions, workers compensation, unemployment taxes, and state
and federal income tax withholdings.
g. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of DRS 279C.505, 279C.515, 279C.520,
279C.530 and 2798.270 incorporated herein by reference and made a part
hereof. Without limiting the generality of the foregoing, Agency expressly agrees
26768 -2-
to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504
of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990
and ORS 659A.142; (iv) all regulations and administrative rules established
pursuant to the foregoing laws; and (v) all other applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations.
h. Agency, or its consultant, shall conduct the necessary preliminary engineering
and design work required to produce final plans, specifications and cost
estimates; purchase all necessary right of way in accordance with current state
and federal laws and regulations; obtain all required permits; be responsible for
all utility relocations; advertise for bid proposals; award all contracts; perform all
construction engineering; and make all contractor payments required to complete
the Project.
i. Agency shall submit invoices to State on a monthly basis, for actual costs
incurred by Agency on behalf of the Project directly to State's Project Manager
for review and approval. Such invoices will be in a form identifying the Project,
the agreement number, the invoice number or account number or both, and will
itemize all expenses for which reimbursement is claimed. Under no conditions
shall State's obligations exceed $97,899.00, including all expenses. Travel
expenses will not be reimbursed.
j. Agency shall, at its own expense, maintain and operate the Project upon
completion at a minimum level that is consistent with normal depreciation and
service demand.
k. All employers, including Agency, that employ subject workers in the State of
Oregon shall comply with ORS 656.017 and provide the required Workers'
Compensation coverage unless such employers are exempt under ORS
656.126. Agency shall ensure that each of its subcontractors complies with these
requirements.
I. This Agreement may be terminated by either Party upon thirty (30) days' notice,
in writing and delivered by certified mail or in person.
i. State may terminate this Agreement effective upon delivery of written notice
to Agency, or at such later date as may be established by State, under any of
the following conditions:
A. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
B. If Agency fails to perform any of the other provisions of this Agreement, or
so fails to pursue the work as to endanger performance of this Agreement
in accordance with its terms, and after receipt of written notice from State
26768 -3-
fails to correct such failures within ten (10) days or such longer period as
State may authorize.
ii. Either Party may terminate this Agreement effective upon delivery of written
notice to the other Party, or at such later date as may be established by the
terminating Party, under any of the following conditions:
A. If either Party fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow either Party, in the exercise of
their reasonable administrative discretion, to continue to make payments
for performance of this Agreement.
B. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or either Party is prohibited from paying for such work from the
planned funding source.
iii. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
m. State and Agency agree that if any term or provision of this Agreement is
declared by a court of competent jurisdiction to be invalid, unenforceable, illegal
or in conflict with any law, the validity of the remaining terms and provisions shall
not be affected, and the rights and obligations of the Parties shall be construed
and enforced as if the Agreement did not contain the particular term or provision
held to be invalid.
7. Agency acknowledges and agrees that State, the Oregon Secretary of State's
Office, the federa'i government, and their duly authorized representatives shall have
access to the books, documents, papers, and records of Agency which are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts,
and transcripts for a period of six (6) years after final payment. Copies of applicable
records shall be made available upon request. Payment for costs of copies is'
reimbursable by State.
8. Agency certifies and represents that the individuates) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of Agency,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind Agency.
9. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
26768 -4-
10. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
Party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver. consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party
has read this Agreement, understands it, and agrees to be bound by its terms and
conditions.
The funding for this Fund Exchange program was approved by the Oregon
Transportation Commission on November 14, 2007, as a part of the 2008-2011
Statewide Transportation Improvement Program (STIP).
The Program and Funding Services Manager approved the Fund Exchange on March
11,2010.
The Oregon Transportation Commission on December 29, 2008, approved Delegation
Order No.2, which authorizes the Director to approve and execute agreements for day-
to-day operations. Day-to-day operations include those activities required to implement
the biennial budget approved by the Legislature, including activities to execute a project
in the Statewide Transportation Improvement Program.
On September 15, 2006, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, Paragraph 1, in which authority is delegated to
the Deputy Director, Highways; Deputy Director, Central Services and the Chief of Staff,
to approve and sign agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program or in other system
plans approved by the Oregon Transportation Commission such as the Oregon Traffic
Safety Performance Plan, or in a line item in the biennial budget approved by the
Director. The Director may also delegate to other Administrators the authority to
execute intergovernmental agreements over $75,000 for specific programs such as
transportation safety, growth management and public transit.
26768
~ 5 -
BAKER CITY, by and through its elected
officials
By _
Mayor (or other assigned designee)
Date
------------
By _
City Recorder (or other assigned
designee)
Oate _
APPROVED AS TO LEGAL
SUFFICIENCY
By _
Counsel
Date _
Agency Contact:
Jennifer Watkins, Assist. City Manager
City of Baker City
P.O. Box 650
Baker City, Oregon 97814
(541) 523-6541
State Contact:
Doug Wright, Federal Aid Specialist
3012 Island Avenue
La Grande, Oregon 97850
(541) 963-1362
26768
STATE OF OREGON, by and through
its Department of Transportation
By _
Deputy Director, Highways
Date _
APPROVAL RECOMMENDED
By - - - : - ~
Technical Services Manager/Chief Engineer
Oate _
By __--:-:- _
Region 5 Manager
Oate _
APPROVED AS TO LEGAL
SUFFICIENCY
By __..------
Assistant Attorney General
Oate: _
-6 -
City of Baker City
Proclamation
Building Safety Month
May 2010
WHEREAS, Through our continuing efforts to address critical safety issues in the built environment
that affect our citizens, regardless of age or occupation, both in everyday life and in times of natural disaster,
we are confident that our structures are safe and sound; and
WHEREAS, Vigilant guardians-building safety and fire prevention officials, architects, engineers,
builders and others in the construction industry-work year-round to ensure the safe construction of
buildings; and
WHEREAS, These dedicated members of the International Code Council develop and implement the
highest-quality codes to protect Americans in the buildings where we live, learn, work, and play; and
WHEREAS, The International Codes, the most widely adopted building safety and fire prevention
codes in the nation, are used by most U.S. cities, counties and states; these modern building safety codes also
include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes,
wildland fires and earthquakes; and
WHEREAS, Building Safety Month, presented by the International Code Council and International
Code Council Foundation, reminds the public about the critical role of our communities' largely unknown
guardians of public safety-our local code officials-who help prevent countless deaths and injuries from fires
and accidents; and
WHEREAS, The theme, "Commemorating a 30-year Legacy of Leadership" encourages all Americans
to raise awareness of the importance of building safety; disaster-resistant, energy efficient, green and
sustainable building; pool, spa and hot tub safety; and new technologies in the construction industry; it
presents appropriate steps everyone can take to ensure that the places we live, learn, work and play are safe,
and that countless lives have been saved due to the implementation of safety codes by local and state
agencies; and
WHEREAS, This year, as we observe Building Safety Month, we ask everyone to consider projects to
improve building safety at home and in the community, and to acknowledge the essential service provided to
all of us by local and state building departments and federal agencies in protecting lives and property.
NOW, THEREFORE, BE IT RESOLVED. that I, Dennis Dorrah, by virtue of the authority vested in
me as Mayor of the City of Baker City. do hereby proclaim May 2010 as "Building Safety Month" in Baker
City, Oregon.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Baker City
to be affixed this 25th day of May. 20 10.
Mayor
Attest: City Recorder
CITY OF BAKER CITY
Type of Action Requested:
DResolution No.
DOrdinance No.
[8] Formal Action/Motion
D Other
May 25,2010
7
Meeting Date:
Agenda Item:
Agenda Title: Approval of Task Order
#2 with HDR, Inc. for
Water System
_____... Im.provements
Action Statement
The Council can approve the second task order with HDR, Inc. to continue with the
recommended water treatment option granting authority to proceed with the equipment
procurement phase of the project.
Background
The City of Baker City water system is required to comply with the Long Term 2 Enhanced
Surface Water Treatment Rule (LT2ESWTR) enacted by the United States Environmental
Protection Agency in 2006. The requirement for addressing cryptosporidium has been
identified in our Water Facility Plan since 2000 and then more recently with the updated
EPA rule in 2006. A summary of the EPA requirements are submitted with this staff report.
Our unfiltered mountain water will require a second form of disinfection to inactivate the
protozoan Cryptosporidium by no later than 2013 if our population remains over 10,000.
Our water is currently treated with chlorine only.
The City contracted with HDR Engineering, Inc. last spring to clarify our compliance
requirements, determine available options and recommend the best alternative. Bryan
Black, P.E. of HDR, Inc. attended the December 8,2009 Council meeting to discuss the
options in further detail and staff requested and received approval for the recommended
alternative of Ultra Violet light treatment. This recommendation was further supported by
the Public Works Advisory Committee.
Analysis
The UV light treatment was selected as the low cost alternative to meeting the EPA and
State of Oregon DHS requirements. The first phase of the project involves selecting the
appropriate equipment. The equipment is site specific and the procurement of the
appropriate equipment requires a high level of technical support. Bryan Black, PE of HDR,
Inc. will be assisting City staff with the technical specifications required for our future
facility.
The ultra violet treatment facility (UVTF) will include several steps to move towards
completion and operation by October of 2013. The first part of the project involves
selecting the equipment that will be used. This is part of the Task Order #2 before the
Council for consideration. This current task order will be completed for a fee of $38,700
which is included in the budget. Following will be the actual procurement of the equipment.
The next phase will involve the backup power generator system procurement and then
finally the actual disinfection facility equipment installation and construction. Those
additional task orders will be brought before the Council for consideration at each stage.
The City of Baker City has one of only four unfiltered surface water systems in the State of
Oregon. Portland with the Bull Run Watershed is also one of the four systems. Portland
Water Bureau officials are filing a request for waiver with the EPA in an effort to avoid the
costly expense of the system upgrades. The argument is that the water is of high quality
and the likelihood of testing positive for Crypto is slim and therefore disinfecting water that
doesn't contain "the bug" is unnecessary. The cost for Portland to attempt a waiver
request (there is no formal waiver process to go through) will cost several million dollars.
Baker City is estimated to spend around $2.3million for an entire facility so the waiver costs
may not be a cost savings.
Alternatives
1. Approve Task Order #2 and continue progress on the UVTF.
2. Do not approve Task Order #2 and delay completion of the UVTF potentially
missing the required deadline and incurring fines or penalties.
3. Modify Task Order #2 in some way.
Recommendation
Approve Task Order #2 with HDR, Inc. for UV equipment procurement for LT2 compliance.
Is this recommendation supported by an advisory committee? Check those that apply:
o Airport Commission
o Golf Board
o Historic District Design Review Committee
o Planning Commission
~ Public Works Advisory Committee
o Transient Lodging Tax Committee
o Tree Board
o Other _
o Not Applicable
o No. Explanation:
Suggested Motion
Move to approve Task Order #2 with HDR, Inc.
Prepared by: Michelle Owen, Director of Public Works
oEPA
Unltad states
Environmental Protection
Agency
Long Term2 Enhanced Surface Water
Treatment Rule: AQuick Reference
Guide For Schedule 3 Systems
- _.. Of 00Xg 7"
_ v ~ .......... _ llftll_
Title Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) 71 FR 654, January 5, 2006,
Vol. 71, No.3
Purposes Improve public health protection through the control of microbial contaminants by focusing on
systems with elevated Cryptosporidium risk. Prevent signifiCant increases In microbial risk that
might otherwise occur when systems implement the Stage 2 Disinfectants and Disinfection
Byproducts Rule (Stage 2 DBPR).
General The LT2ESWTR requires systems to monitor their source water, calculate an average
Description Cryptosporidium concentration, and use those results to determine if their source is vulnerable to
contamination and may require additional treatment.
Utilities
~
Public water systems (PWSs) that use surface water or ground water under the direct influence
Covered of surface water (GWUDI).
~
Schedule 3 systems include PWSs serving 10,000 to 49,999 people OR wholesale PWSs that are
part of a combined distribution system In which the largest system selVes 10,000 to 49,999
people.
I'V'I.-D_ ~
- - . . . ~ . . ~
-....
Control of Cryptosporidium
Source Water Filtered and unfiltered systems must conduct 24 months of source water monitoring for
Monitoring Cryptosporidium. Filtered systems must also record source water E. coli and turbidity levels.
Filtered systems will be classified Into one of four "Bins" based on the results of their source
water monitoring. Unfiltered systems will calculate a mean Cryptosporidium level to
determine treatment requirements. Systems may also use preViously collected data (i.e.,
Grandfathered datal.
Filtered systems providing at least 5.5 log of treatment for Cryptosporidium and unfiltered
systems providing at least 3-log of treatment for Cryptosporidium and those systems that
intend to install this level of treatment are not required to conduct source water monitoring.
Installation of Filtered systems must provide additional treatment for Cryptosporidium based on their bin
Additional classification (average source water Cryptosporidium concentrationl, using treatment
Treatment options from the "microbial toolbox."
Unfiltered systems must provide additional treatment for Cryptosporidium using chlorine
dioxide, ozone, or UV:
Uncovered Systems with an uncovered finished water storage facUity must either:
Finished Water

Cover the uncovered finished water storage facility; or.

Storage Facility
~
Treat the discharge to achieve inactivation and/or removal of at least 4-109 for viruses,
3109 for Giardia lamblia, and 2-log for Cryptosporidium.
Disinfection Profiling and Benchmarking
After completing the initial round of source water monitoring any system that plans on making a significant
change to their disinfection practices must:
~
Create disinfection profiles for Giardia lamblia and viruses;
~
Calculate a disinfection benchmark; and,
~
Consult with the state prior to making a significant change in disinfection practiCe.
1,.- ~ .. _........ ...
~ . ~
-'"' _.
..
1l!SUi1
.
..-
Additional Cryptosporidium Treatment
Cryptosporidium
Bin
Required
Alternative
Concentration
Classification
Slow Sand or
Filtration
(oocysts/l)
Conventional Direct
Filtration Filtration
Diatomaceous
Earth Filtration
< 0.075 Bin 1 No additional No additional No additional No additional
treatment treatment treatment required treatment
required required required
0.075 to < 1.0 Bin 2 1 log 1.5 log 1 log (1)
1.0 to < 3.0 Bin 3 2 log 2.5 log 2 log (21
~ 3 . 0 Bin4 2.5 log 3 log 2.5 log (3)
(1) As determined by the state (or other primacy agency) such that the total removallinacllvation > 4.0.109.
(2) As determined by the state (or other primacy agency) such that the total removallinactivation > 5.0-Iog.
(3) As determined by the state (or other primacy agency) such that the total removal/inactivation> 5.5-log.
I",. . . - ~ ... .... ... ....... -, -"" ..... .-'L
. .

1 ! ~ .

.
"""............... _ ... -- - u
Crypfosporidium Concentrati on Required Cryptosporidium
(oocysts/L) Inactivation
~ O Q 1 2.tog
> 0.01 3-log
-
~ . . r-!Io. -.WI ..... r-'Io .... .A.
.


.
....... ,..
For Drinking Water Systems (Schedule 3)
January 1, 2008 Systems must submit their:

Sampling schedule that specifies the dates of sample collection and location of
sampling for initial source water monitoring to EPAelectronically; or

Notice to EPA or the state of the system's intent to submit results for grandfathering
data; or
~
Notice to EPA or the state of the system's intent to provide at least 5.5-log of treatment
for Cryptosporidium for filtered systems or 3-log of treatment for unfiltered systems.
Systems should consult with EPA or their state prior to submitting this notice.
April 2008 No later than this month, systems must begin 24 months of source water monitoring.
April 1, 2008 No later than this date, systems must notify the EPAor the state of all uncovered treated
water storage facII!ties.
June 10, 2008 Systems submit results for first month of source water monitoring.
June 1,2008 No later than this date, systems must submit monitoring results for data that they want to
have grandfathered.
April 1, 2009 No later than this date, uncovered finished water storage facilities must be covered, or the
water must be treated before entry into the distribution system, or the system must be in
compliance with a state approved schedule.
March 2010 No later than this month, systems must complete their lnital round of source water
monitoring.
September 2010 No later than this month, filtered systems must report their initial bin classification to the
EPAor the state for approval.
September 2010 No later than this month, unfiltered systems must report the mean of all Cryptosporidium
sample results to the EPAor the state.
September 30, 2013 Systems must install and operate additional treatment in accordance with their bin
classification (filtered systems) or mean Cryptosporidium level (unfiltered systems).t
July 1, 2016 Systems must submit their sampling schedule that specifies the dates of sample collection
and location of sampling for second round of source water monitoring to the state.
Ocotber 1,2016

Systems are required to begin conducting a second round of source water monitoring.

Based on the results, systems must re-determine their bin classification (filtered
systems) or mean Cryptosporidium level (unfiltered systems) and provide additional
Cryptosporidium treatment, if necessary.
For States
July - December States are encouraged to communicate with affected systems regarding LT2ESWTR
2006 requirements.
April 1, 2007 States are encouraged to communicate LT2ESWTR requirements related to treatment,
uncovered finished water reservoirs, and disinfection profiling to affected systems.
October 5, 2007 States are encouraged to submit final primacy applications or extension requests to EPA.
January 5, 2008 Final primacy applications must be submitted to EPA, unless granted an extension.
December 31,2009 States should begin determining Cryptosporidium treatment credit for primary treatments
already in place.
January 5, 2010 Final primacy revision applications from states with approved 2-year extensions
agreements must be submitted to EPA.
June 30, 2014 States should award Cryptosporidium treatment credit for toolbox option implementation.
June 2006 www.epa.gov/safewaler EPA816-F-06-007
t States may allow up to an additional 24 months for compliance for systems making capital improvements.
For additional information
on the LT2ESWTR
Call the Safe Drinking Water
Hotlineat 1-800-426-4791;
visitthe EPAweb site at "
www.epa.gov/safewater/
disinfectionlft2; or contact
your statedrinking water
representative.
TASK ORDER: WATER QUALITY, TREATMENT, AND REGULATORY COMPLIANCE
PROJECT
This Task Order pertains to an Agreement by and between the City of Baker City OR,
("Owner" or "CITY"). and HDR Engineering, Inc. ("Engineer" or "CONSULTANT") , dated
March 25, 2009, ("the Agreement"). Engineer shall perform services on the project described
below as provided herein and in the Agreement. This Task Order shall not be binding until it
has been properly signed by both parties. Upon execution, this Task Order shall supplement
the Agreement as it pertains to the project described below.
TASK ORDER NUMBER: TWO (2)
PROJECT PHASE: Engineering Design and Bidding for the Baker UV Treatment Facility
PART 1.0 PROJECT DESCRIPTION:
The purpose of this scope of services is for CONSULTANT to provide engineering design
and bid support services for the UV Treatment Facility project for CITY as described herein.
Services will not proceed without written authorization from the CITY to the CONSULTANT.
Additional or optional tasks not specifically addressed in the following Scope of Services will
not proceed without prior written authorization from the CITY.
With a scope of services for design defined in this task order and in future task orders, the
UV Treatment Facility (UVTF) generally includes site work, UV disinfection, standby power
generation, telemetry for system controls and a bUilding with control room. The project will
be implemented through issuing three (3) separate contract packages to appropriate vendors
or contractors. These packages are defined as follows:
Contract No. 1 - Ultraviolet Disinfection System Procurement
Contract NO.2 - Backup Electric Power Generator System Procurement
Contract No.3 - Disinfection Facility Equipment Installation and Construction
Engineering design will be in accordance with applicable requirements Oregon State
Department of Human Services (DHS) available in March 2010.
PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY CONSULTANT:
The Scope of Services of the CONSULTANT is described in more detail under the following
tasks and subtasks:
CITY Fiscal Year 2010-2011
o Task 1 - Project Management (FY201 0-2011)
o Task 2 - Ultraviolet Disinfection Equipment Selection
Services will be authorized with the execution of this Agreement. Services for work to be
completed in CITY's fiscal year 2011-2012 and 2012-2013 will be authorized under separate
task orders.
SClYE OF SERVICES FOR THE BAKER UV TREATMENT FACILITY - MAY 21.2009
Fiscal Year 20102011 - UV Equipment Procurement
Task 1- Project Management (FY2010-2011)
This task includes the project management tasks required for the project elements in fiscal
year 2010-2011. Tasks include project planning, management, status reporting, and quality
and cost control activities for the duration of the project. These services also include
chartering the project team, project design coordination, and conducting technical reviews
and workshops.
Subtask 1.01 - Work Plan and Kickoff Meeting
This task includes the planning level activities to organize the project team.
Consultant Services
Prepare and submit to the CITY a detailed Project Guide for review. Final Project
Guide will be prepared incorporating CITY review comments. The Project Guide will
serve as a reference guide for team members throughout the project.
Document the roles of the project team (including CITY staff), communications
protocol, project schedule and deliverables, and the general purpose and goals for
the project.
Assumptions
CITY will provide one review and a single set of comments on the Project Guide in
one document or spreadsheet within two weeks of receipt of draft Project Guide.
Deliverables
Draft and Final Project Guide and schedule of deliverables in electronic .pdf format.
Subtask 1.02 - Project Management, Status and Reporting Meetings
This subtask includes the project management and administrative activities to facilitate the
successful completion of the FY 2010-2011 deliverables to the CITY.
Consultant Services
Perform project monitoring and control functions such as coordination of project
activities, facilitating quality assurance reviews. monitoring project budget and
schedule, preparation of miscellaneous project correspondence, project status
reporting, conduct up to two progress meetings. preparation of invoices, and overall
management of project activities.
Provide the CITY with project progress, budget and schedule status monthly with
submission of each invoice. Status report will include percent complete and percent
spent by task.
Assumptions
FY 2011-2012 project duration is anticipated to continue for six (6) months. A total of
six (6) status reports are anticipated for the duration of the project.
Project status meetings may be combined with the technical review meetings, at the
discretion of the CITY.
Deliverables
Project status reports for each invoice submitted to the CITY
BAKER CITY, OR
WATER QUAlITY. TREATMENT. AND REGULATORY COMPLIANCE PROJECT
T022
SCOPE OF SERVICES FOR THE BAKER UV TREATMENT FACILITY -MAY 21. 2009
Subtask 1.03 - Quality Assurance J Quality Control Program
This task includes the quality assurance and quality control activities to facilitate the
successful completion and delivery of the project to the CITY.
Consultant Services
Establish a quality program at the outset of the project as a foundation for
establishing and meeting quality objectives for the duration of the project. A Project
Quality Management Plan (OMP) will be created and then amended through the
project as deliverables are developed.
Perform detailed internal quality control and criteria and concepts reviews for work
products submitted to the CITY as identified in the Scope of Work with particular
emphasis on major submittals.
Create and implement a detailed process for CITY review and comment on all work
product submittals. This process will include features to capture, address, reach
resolution. and document all significant CITY review comments.
Assumptions
Major work product submittals as part of the OMP include the deliverables listed in
this scope of seNices.
CITY will participate in implementation of quality management for CITY review and
comment on all work product submittals, as defined in the OMP.
Deliverables
Project Quality Management Plan as part of the Project Guide
Task 2- Ultraviolet Disinfection Equipment Selection
This task includes the design, bidding, regUlatory coordination, and shop drawing
coordination seNices for the selection and pre-purchase of the ultraviolet (UV) disinfection
system supplier for the facility.
Subtask 2.01 - Preparation of UV Procurement Documents
This subtask includes the preparation of the procurement documents suitable for soliciting
bids from UV system suppliers. Task activities include the development of a preliminary
process and instrumentation diagram (P&ID) and final specifications for the following
systems:
UV System
UV System Supplier SeNices and Performance Testing
Consultant Services
Prepare the technical specifications for the referenced equipment.
Analyze CITY-collected water quality data and present in the Equipment Procurement
Contract Documents.
Prepare requirements for lamp breakage response plan to be provided by UV
equipment vendor and include in Equipment Procurement Contract Documents.
Require UV technology validation reports from selected UV equipment supplier.
Conduct an internal senior technical review of the technical specifications and
preliminary drawings prior to issuing the Equipment Procurement Contract
Documents package to the CITY.
BAKER CITY, OR
WATER QUALITY. TREATMENT. AND REGULATORY COMPLIANCE PROJECT
T023
SCOPE OF SERVICES FOR THE BAKERWTREATMENT FACILITY - MAY 21, 20119
Submit key sections of the Equipment Procurement Contract Documents to DHS for
review and comment.
Participate in a conference call to discuss CITY review comments on the draft
Equipment Procurement Contract Documents.
Assumptions
A total of two (2) P&IDs are estimated for the bid package.
The CITY will determine the selection criteria to be used in evaluating the UV system
supplier, for incorporation into the Equipment Procurement Contract Documents, with
support from the CONSULTANT.
The CONSULTANT will prepare legal bid forms and requirement documents for
inclusion with the Equipment Procurement Contract Documents package based on
Engineer's Joint Construction Documents Committee (EJCDC) general conditions for
equipment procurement contracts.
The CITY will review the specifications and legal documents to be included with the
Equipment Procurement Contract Documents.
Deliverables
Applicable UV system technical specification and preliminary design drawings.
Two (2) copies of the final Equipment Procurement Contract Documents, which
include; one half size (11" x 17") set of the final design drawings, plus technical
specifications and applicable Baker City legal documents.
Subtask 2.02 - UV System Bidding Services and Document Coordination
This subtask includes the bidding services associated with the Equipment Procurement
Contract Documents soliciting bids from UV system suppliers.
Consultant Services
Produce the Equipment Procurement Contract Documents package using the
drawings and specifications prepared in Subtask 2.01.
Prepare up to three addenda, if needed.
Prepare bid documents for electronic distribution to interested bidders.
Receive formal bid proposals by the prospective UV suppliers from the CITY.
Review the bids for completeness and responsiveness.
Assumptions
The CITY will advertise the project for bid following Oregon public works procurement
rules.
The CITY will receive formal bid proposals and UV technology validation reports from
UV equipment supplier and distribute a copy to the CONSULTANT for review and
recommendation.
CITY will maintain a bidders list and make the list available to those requesting it.
CITY will serve as primary contact for questions.
The CITY will prepare documents for submittal to the City Council for review and
acceptance of the selected UV System Supplier.
The CITY will receive requests for bid documents and distribute electronic copies to
prospective bidders.
CITY will provide protected storage locations for the ultraviolet equipment and
appurtenances.
CITY will provide capabilities for off-loading ultraviolet equipment and appurtenances
and placing it in storage.
BAKER CITY, OR
WATER OUAlITY. TREATMENT, AND REGULATORY COMPLIANCE PROJECT
T024
SCOPE OF SERVICES FOR THE BAKER UV TREATMENT FACILITY - MAY 21. 20()g
Deliverables
Equipment Procurement Contract Documents in electronic .pdf format.
Up to three addenda during bid period in electronic .pdf format.
Comments on UV System supplier bid proposals.
Subtask 2.03 - Evaluation of UV Proposals and Regulatory Coordination
This subtask includes services to provide assistance to the CITY for the purpose of
conducting due diligence activities associated with the evaluation of the proposal
respondents.
Consultant Services
Conduct up to three (3) phone interviews of references provided by each prospective
bidder.
Document contacts in written format and provide copies to the CITY.
Verify bidder financial information and stated equipment performance.
Review UV validation reports received and coordinate with DHS for regulatory
approval.
Provide a recommendation of award to the CITY.
Submit validation reports to DHS for the preferred UV equipment option.
Coordinate between the DHS and the UV system supplier to respond to regulatory
questions related to equipment sizing and operation.
Assumptions
Selected UV system will be approved by DHS.
Deliverables
Telephone interview reports for up to three vendor contacts.
Regulatory submittals and correspondence as noted above.
Recommendation of UV System Supplier.
Subtask 2.04 - Develop UV Lamp Breakage Response Plan
This subtask includes activities to develop a lamp breakage response plan for the CITY.
Consultant Services
Review vendor-provided lamp breakage response plan.
Attend and conduct an UV workshop with CITY staff to discuss lamp breakage issues
and potential responses.
Incorporate lamp break response decisions into the design and control systems.
SUbmit vendor-provided draft lamp break response plan to the CITY for review and
comment.
Submit a vendor-provided draft lamp break response plan to the DHS for review and
comment, after vendor incorporates CITY review comments.
Submit a final vendor-provided lamp break response plan to the CITY and DHS for
final approval.
Deliverable
Initial review comments on vendor-provided lamp breakage response plan.
Future Tasks (Not in this scope of services for Task Order No.2):
Fiscal Year 2011-2012 - Preliminary Design and Genset Procurement
Fiscal Year 2012-2013 - Final Design and Bidding
BAKER CITY, OR
WATER QUALITY. TREATMENT. AND REGULATORY COMPLIANCE PROJECT
T02 5
SCOPE OF SERVICES fOR THE BAKER W TREATMENT FACILITY - MAY 21.2009
PART 3.0 OWNER'S RESPONSIBILITIES (IN ADDITION TO ASSUMPTIONS):
1. Attend initial meeting with HDR at the treatment site.
2. Provide record documents for existing mechanical, electrical, and instrumentation
facilities at the treatment site.
3. Provide an electrician to open electrical panels for inspection.
4. Review the preliminary plans and draft specifications.
5. Attend a review meeting for the preliminary plans and draft specifications.
6. Provide the City's bidding requirements for inclusion in the bidding documents.
7. Assist in compiling lists of potential bidders and plan centers who will receive the
bidding documents.
8. Coordinate with HDR to publish the advertisement for bid.
9. Coordinate with HDR to issue a notice of award and notice to proceed to the
selected bidder(s).
10. Provide protected storage locations for the ultraviolet equipment. genset
equipment, and appurtenances.
11. Provide capabilities for off-loading ultraviolet equipment, genset equipment, and
appurtenances and placing it in storage.
PART 4.0 PERIODS OF SERVICE:
Task Order Number Two is anticipated to be completed as follows:
Within six (6) months from Notice to Proceed for Fiscal Year 2010-2011;
PART 5.0 PAYMENTS TO ENGINEER:
Compensation for Engineer's services under this Agreement shall be on the basis of lump
sum. The lump sum for performing the scope of services in this Task Order NO.2 is
$38,763.
Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in
advance for Scope of Services. Invoices shall be submitted monthly with the invoice total
based upon the percentage of the project completed for the month.
This Task Order is executed this day of , 20_.
"OWNER"
BY:
HDR Engineering, Inc.
"Engineer"
I
BY-. / / I ~ : }J!1-1,U:.A 0:i(
,. ~ , \,."U >, d.>. v
NAME:
TITLE:
ADDRESS:
BAKER CITY, OR
WATER QUALITY, TREATMENT, AND REGULATORY COMPLIANCE PROJECT
NAME:
TITLE:
ADDRESS:
Karen M. Doherty
Vice President
412 E Parkcenter Blvd
Suite 100
Boise, ID 83706-6659
102&
Criminal Forfeiture
Distribution
Agreement
Action Statement
Approval by Council will authorize that the 40% of monies from each drug related
criminal forfeiture, required by statute to go for drug treatment, will be disbursed to the
Baker County Drug Courts. (Please see attachment prepared by the District Attorney)
Goal Addressed
#2 - Safe Community
Background
Oregon statute sets the distribution percentages from proceeds of criminal forfeiture.
Each County in Oregon can determine which treatment provider will receive the 40%
allocated for drug treatment. Based on recommendations from the Baker County
Narcotics Enforcement Team, the District Attorney, the Local Public Safety Coordinating
Council, the Baker County Mental Health Advisory Committee and the Local Alcohol
and Drug Planning Committee Baker County's local disbursement plan states that the
40% for drug treatment will be disbursed to the Baker County Drug Courts.
This plan has been approved by the Baker County Board of Commissioners and the
District Attorney is asking this to be approved by the Baker City Council.
Analysis (Include impacts on City resources and community)
The Baker City Police Department has an active member of the Baker County Narcotics
Enforcement Team, which is primarily involved in these criminal forfeitures. The Baker
City Police Department supports the recommendation to allocate the 40% for drug
court, as we have seen first hand the success of the program. In addition the program
has an accountability factor, for those participants who fail to meet expectations.
Alternatives
1. Approve recommendation for drug treatment disbursement
2. Disapprove recommendation for drug treatment disbursement
Recommendation
Approve recommendation for drug treatment disbursement
Is this recommendation supported by an advisory committee? Check those that apply:
o Airport Commission
o Golf Board
o Historic District Design Review Committee
o Planning Commission
o Public Works Advisory Committee
o Transient Lodging Tax Committee
o Tree Board
X Other (SEE BACKGROUND SECTION)
o No. Explanation:
Suggested Motion
MOTION to approve the recommendation for drug treatment disbursement
Prepared by: Chief Wyn Lohner
BAKER COUNTY CRIMINAL FORFEITURE
DISTRIBUTION AGREEMENT AND
DRUG TREATMENT PLAN JANUARY 1,2010
The following Baker County partners have entered into this agreement
pursuant to ORS 131.550 through 131.600. The plan will address distribution of
proceeds seized under criminal forfeiture laws and describe Baker County's plan
for addressing drug addiction through treatment operations within the county. This
agreement also describes in detail Baker County's plan for the use of monies
received in criminal forfeiture proceedings that pertain to drug treatment during the
following calendar year.
This agreement as adopted by the Baker County Commissioners, the
political subdivision governing the Baker County Narcotics Enforcement Team,
implements the following distribution of proceeds received from criminal
forfeiture. This distribution shall be made at least every three months.
Distribution will be completed by the Baker County Treasurer. Distribution will
be as follows:
Costs of litigation taken from original proceeds to cover Baker County
District Attorney's Office expenditures (not including legal fees);
Remaining Balance:
40% to Baker County Drug Task Force including legal fees for Baker
County District Attorney's Office;
40% to drug treatment consistent with this agreement;
70/0 to illegal drug clean-up fund;
3% to Asset Forfeiture Oversight Committee;
10% to General Fund.
The following list describes the current services provided by New Directions
Northwest, Baker County's drug treatment provider. Continuing to fund and
operate these facilities is an integral part ofproviding treatment in the community.
Recovery Village - This Women and Children's Program was created in 1991
and remains one of a few gender specific residential programs targeted for
chemically dependant women with children. On-site day care allows mothers
unlimited opportunity for treatment that is based on a 12-step recovery model
enhanced with education about childhood development, parenting skills and
other family related services. Recovery Village also manages, the Baker
Transition House, a transitional living environment for women and children in
recovery.
Elkhorn Adolescent Treatment Center - Established in 1986, this adolescent
alcohol and drug residential treatment program includes a certified in-house
state school with a computer lab. The core oftreatment is "Teaching OUT
Youth Social Skills (TOYSS)", an exclusive state of the art behavioral
modification system designed to develop youth accountability, teach positive
social skills, reinforce constructive behavior and provide individual daily
evaluation ofprogress with measurable outcomes.
Baker House Detox - The oldest of New Directions Northwest programs was
established in the original Baker House over twenty years ago. A residential
program for adults was added in 1983. Today, Baker House provides
detoxification services through its emergency care facility and longer-term
alcohol and drug treatment services in its Adult Residential Treatment Program.
Blue Mountain Addictions Program - Alcohol and drug abuse treatment
programs are provided to meet a variety of client needs in an outpatient setting.
Groups include DUn, adult and adolescent outpatient at both Levelland Level
2, gender specific treatment and domestic violence.
The programs listed above are all utilized in continuing to provide drug
treatment to various offenders that come through the Baker County Criminal
Justice System as well as others in the community combating addiction. Efforts to
create a drug court began over the last few years. A system that allows for greater
judicial intervention in formulating treatment plans or overseeing the results of
those plans utilizing all of the above listed treatment programs has continued to be
the long term goal ofthe Baker County LAPDC (Local Alcohol and Drug Planning
Committee), the Baker County LPSCC (Local Public Safety Coordinating Council)
and treatment providers.
Local disbursement plan:
The Baker County LAPDC, chaired by Judy Barzee, in conjunction with the
Baker County LPSCC, chaired by Sheriff Mitch Southwick support this agreement.
By agreement of the Board of the Baker County Narcotics Enforcement
Team, the District Attorney of Baker County, the LPSCC for Baker County, the
Baker County Mental Health Advisory Committee and the Local Alcohol and Drug
Planning Committee, the 40% distribution that is to be used for drug treatment
shall be used in the following manner based on the following considerations:
The greatest need identified is the need to fund drug treatment for
participants ofthe Baker County Drug Courts. Baker County has had in place an
adult drug court for more than three years. The court has been successful in
rehabilitating individuals who are addicted to methamphetamine and other drugs.
Currently the court has between eight and ten adult participants. Circuit Court
Judge Greg Baxter as well as New Directions Northwest and the Baker County
Juvenile Department are currently working to create a juvenile drug court. The
drug court would target youth who are charged with drug related charges and are in
need of drug treatment. Specifically, forfeited money would be used for treatment
related costs and expenses for juvenile and adult drug court participants.
DATED: _
Dennis Dorrah
Baker City Mayor
_____________DATED: _
Steve Bogart
Baker City Manager - Pro Tern
______________.DATED: _
Matthew Shirtcliff
Baker County District Attorney
Narcotic Enforcement Team Board Member
_____________.DATED: _
Chief Wyn Lohner, Baker City Police
Narcotics Enforcement Team Board Member
DATED:
-------------- ------------
Mitch Southwick, Baker County Sheriff
Narcotics Enforcement Team Board Member and LPSCC Chair
____________-----.:DATED: _
Lieutenant Ray Duman, Oregon State Police
Narcotics Enforcement Team Board Member
_____________.DATED: _
Mary J0 Carpenter
Baker County Mental Health Advisory Committee Chair
_____________.DATED: _
Judy Barzee
Baker County Local Alcoholism
Planning Committee Head
DATED:
-------------- ------------
Bart Murray
Chief Executive Officer
New Directions Northwest