baker city council 5.25.10 council packet

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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 Meetingb. Approval of Fund Exchange Agreementsc. National Building Safety Proclamation

J. WatkinsM. 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. OwenLT2 Treatment Project

Motion/Approve

8. Request for Approval of Criminal Forfeiture Distribution Agreement W. Lohner Motion/Approve

9. Discussion and Selection ofWastewater Treatment Method M. Owen Motion/Approve

10. City Manager/Director Comments

11. Council Comments

12. Adjourn

Baker City operates underan EEO policy and complies with Section 504 of the Rehabilitation Act of 1973and the Americanswith Disabilities Act. Assistance is available for individuals with disabilities by calling 523-6541.



#1) Call to Order

EXECUTIVE SESSION:Discussion of UnionNegotiations 192.660(2)(d)

#2) Pledgennvocation

#3) Roll Call

#4) Consent Agendaa. Minutes of April 27,2010 Regular Session

b. Proclamation fo r

Poppy Day

#5) Citizen's Participation

#6) Powder RiverCorrectional Facilitya. Proclamation for

BAKER CITY COUNCILREGULAR MEETINGTuesday, May 11, 2010

The meeting was called to order at 6:30 p.m. byMayor Dennis Dorrah in Baker City Hall Council Chambers.

The Council immediately entered into ExecutiveSession pursuant to ORS 192.660(2)(d) to discuss unionnegotiations. The Council reentered regular session at 7:00p.m.

In the absence of Councilor Milo Pope, the Pledge ofAllegiance 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 wereabsent. Also present were City Manager Steve Bogart,Assistant City Manager/Community Development DirectorJennifer Watkins, Police Chief Wyn Lohner and Deputy CityRecorder Becky Fitzpatrick.

At this time, the Council reviewed the Consent Agenda,which included the minutes of the April 27, 2010 regularmeeting and a proclamation for Poppy Day.

Ms. Calder asked to make an addition to page four ofthe minutes.

Upon a MOTION by Mr. Button, seconded by Ms.Calder and with all in favor, the consent agenda wasAPPROVED as amended.

Mayor Dorrah read the Poppy Day Proclamation andinvited the groups representing the Veterans of Foreign Wars(VFW) and the American Legion to come forward. Thechildren sold poppies to those present.

The next item on the agenda was citizen's participation.

Dave Davis, 3340 Eagle Crest Way, Baker City indicated thatthe Baker City boys' golf team had qualified that day for thestate tournament. He added that one girl had also achievedthat status.

Next on the agenda was an update from Jean Hill atthe Powder River Correctional Facility (PRCF) and aproclamation for National Corrections Employee Week.

Page lof6

City Council Minutes Regular Meeting May 11,2010



National CorrectionsEmployeeWeek

b. Update fromSuperintendent JeanHill

Mayor Dorrah read the National Corrections EmployeeWeek proclamation.

Jean Hill, 2418 Madison Street, Baker City stated thatshe was the Superintendent of the Powder River CorrectionalFacility 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 inthe state with a mission of intensive drug treatment. Sheadded that she wanted to make a point to recognize thevolunteers and let them know how proud she was of them.

Ms. Hill indicated that two of the members of the PrisonAdvisory Committee were present at the meeting: KarenYeakley, Mayor Dorrah, Ms. Bonebrake and Chief Lohner.

Karen Yeakley, 42687 Hudson Road, Baker City,explained the she was the chair of the Committee. Shecommented that the prison had started out as a work campbut now has intensive drug and alcohol treatment programsfor the inmates.

Ms. Hill commended Ms. Yeakley for all she does forthe prison.

At this time Ms. Hill introduced Shari Selander who wasreplacing Bart Murray as CEO of New Directions Northwest.

Ms. Selander indicated that although she had grown upin the Baker City area, for the past thirteen years she hadbeen employed by the Southern Illinois School of Social Work.As she explained her mission, she commented that she feelsan obligation to the Oregon taxpayers to raise the bar wheretreatments for inmates were concerned.

Ms. Hill commented that Ms. Selander was an asset tothe 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 hernearly 40 years of service with the Oregon Department ofCorrections and indicated that she would be leaving at theend of May.

Ms. Hill explained that there would be some changes,

Page 2 of 6

City Council Minutes Regular Meeting May 11,2010



#7) Resolution No. 3645Establishing ParkingLimitations for HellsCanyon Motorcycle Rally

including a new Operational Manager, Ken Neff.

Mr. Neff, 911 Amy, Haines, indicated that had workedfor the Department of Corrections for 20 years and during the2% 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 yearsof service.

The next item on the agenda was Resolution No. 3645,establishing parking limitations for Hells Canyon MotorcycleRally.

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 thedowntown merchants about the parking. Ann Mehaffy,Executive Director of HBC, surveyed the downtown merchantcommunity. As Friday, May 7, she had received 23responses. Nineteen merchants indicated that they were infavor of motorcycle only parking, three indicated that theywere opposed, and one indicated that they were uncertain.While parking restrictions are not common, this is not anunprecedented action by the CounCil. In fact, within the nextcouple of meetings the Council will be asked to again closeand restrict parking for several streets within the downtown

core for the Elkhorn Classic Bike Race. Due to safety issuesfor the racers, the complete circuit is kept clear of parkedvehicles for an entire day in June. The event, much like theHells Canyon Motorcycle Rally, provides an economic boostto the community. Because of this, previous Councils havefelt that it was important to accommodate these guests andthe numerous spectators these events bring.

Ms. Watkins reviewed the staff report and indicated thatthe event organizers were doing some things a little differentlythis year.

Ms. Calder stated that she had discussed this issuewith several downtown merchants and did not think that asurvey should be conducted via email. She indicated thatsafety was a concern, as well as taking the parking awayduring Friday afternoon business hours. Ms. Caldersuggested reducing the motorcycle-only parking hours onFriday.

Page 3 01'6

City Council Minutes Regular Meeting May 11.2010



#8) Request to AmendUnion Contracts

Mr. Bass made a MOTION to accept the staffrecommendation as stated in the staff report. He commentedthat this had already been discussed at a previous meetingand that staff had gathered the feedback requested by theCouncil.

In response to a comment regarding safety by Mr.Button, Chief Lohner explained that the changes in the eventwere from the organizers; it was their idea to keep Main Streetopen this year.

In a discussion regarding the restricted parking onFriday, Chief Lohner stated that there was no problem withchanging the hours on Friday since Saturday is the main dayfor the event.

As the group continued the discussion, Mr. Bass

WITHDREW his motion.

Ms. Bonebrake made a MOTION to approve ResolutionNo. 3645 stating that motorcycle-only parking would beallowed on Main Street from 4:00 p.m. to 10:00 p.m. on Fridayand noon to 10:00 p.m. on Saturday. The motion wasseconded by Ms. Calder.

In response to a request by Ms. Bonebrake to havegood signage regarding this, Chief Lohner explained thatthere would be volunteers posting signs prior to this event.

Mr. Button thanked Ann Mehaffy of HBC for her effortto survey the membership.

Upon a vote of the Council, with all in favor except Mr.Bass, who was opposed, Resolution No. 3645 wasAPPROVED as amended.

RESOLUTION NO. 3645AUTHORIZING TEMPORARY PARKING

RESTRICTIONS FOR

HELLS CANYON MOTORCYCLERALLY

Next on the agenda was a request to amend unioncontracts.

Mr. Bogart explained that there had been the possibilityof the Fire Fighters and Police associations waiving the costof living adjustment (COLA) increases that were approved

Page 4 01'6

Cily Council Minules Regular Meeling May 11,2010



#9) City

ManagerlDepartment HeadComments

with the ratified contract in 2008. Although the PoliceAssociation agreed to waive the COLA for one year andpossibly reopen the contract in the next budget year, the FireFighters Association agreed to waive the COLA withconditions. Because of this, Mr. Bogart recommended nomodifications to either contract at this time.

Ms. Bonebrake thanked the Police Association forstanding up and trying to help with budgetary matters. Shenoted that she not think it was appropriate to approve ordisapprove these changes separately.

Mr. Button clarified that the City Charter clearly statesthat it is the role of the City Manager to bring to the Councilrecommendations for staffing levels in the budget. The CityCouncil does not address positions or staffing levels, butrather the budget. Mr. Button commented that it was up to theCouncil to set boundaries within which the budget is formed.

Mr. Button thanked the Police and Fire FightersAssociations for good faith negotiations.

Mayor Dorrah agreed it was a noble gesture on the partof the unions.

Ms. Calder made a MOTION to commend theassociations and to adopt the City Manager recommendationto leave the contracts as they stand. The motion wasseconded 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 proclamationsread earlier, he wanted the group to know that it was NationalLaw Enforcement Officers Memorial Week. He noted that thiswas the week that the nation recognizes all the officers whohave lost their lives in the line of duty.

Chief Lohner also commended his department foroffering to do what they thought was right where the budget

was involved.

At the request of Mr. Bogart, Chief Lohner explainedthat the local Drug Task Force had accomplished quite a bitrecently in stopping the flow of drugs into the community. Hecommented that Detective Sharon Bass had been working onthat 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 regularmeeting they would be asked to make a major decision as tothe choice for effluent disposal. This, he added, would be amultimillion dollar commitment. Mr. Bogart indicated thatPublic Works Director, Michelle Owen, was in Tacoma as aspeaker in a Public Works forum speaking about the AquiferStorage and Recovery (ASR) project.

Mr. Bogart thanked both the Fire and Policeassociations for considering a change to their contracts. He

reminded the group that the draft budget packets would besent out on the upcoming Friday.

Under Council comments, Mr. Bass commented that hehad seen Turbo, the drug enforcement dog, in action doing asearch along the freeway.

Mr. Button commented that he was lucky to have

recently met with some friends who had served in the militarywith him.

Ms. Calder commented that there were 97 inspectionsin April. She noted that she thought this was a good indicatorthat people were out there working.

Mayor Dorrah noted the new sign on Washingtonnotifying people about construction of the Leo Adler Parkwayproject. He also commented on a new light where theParkway crosses Campbell Street.

With no further business to discuss the meeting wasADJOURNED at 8:03 p.m.

SIGNED: _

Mayor

ATTEST: _

City Recorder

Page 60f6City Council Minutes Regular Meeting May 11, 2010



CITY OF BAKER CITY

Meeting Date: May 25, 2010

Agenda Item: Consent w..BAgenda 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 fortransportation 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 $94for $100 deal and allocates$97,899 towards the improvement of several city streets. Theexchange of Federal for State dollars assists the City by eliminating numerous federalrequirements on our local project and allows the dollars to go further on streetimprovements.

Alternatives1. 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 Commissiono Golf Boardo Historic District Design Review Committeeo Planning Commissiono Public Works Advisory Committeeo Transient Lodging Tax Committeeo Tree BoardX Other -Budget Boardo Not Applicable

Suggested MotionMove to approve the 2010 Fund Exchange Agreement

Prepared by: Michelle Owen, Director of Public Works



Misc. Contracts & AgreementsNo. 26768

2010 FUND EXCHANGE AGREEMENTChip 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 and366.576, ODOT may enter into cooperative agreements with counties, cities andunits of local governments for the performance of work on certain types of

improvement projects with the allocation of costs on terms and conditions mutuallyagreeable to the contracting parties.

NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, itis 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, ora similar document agreed to by State, outlining the schedule and costs associatedwith 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 theFund Exchange. State has determined that Agency's Project is eligible for theexchange 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 thefollowing 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 executedamendment.

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 FundExchange will provide funding for specific roadway projects and may also beused 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 forhighway work.

ii. Purchase of Equipment. Agency shall clearly describe how it plans to usesaid equipment on highways. Agency shall demonstrate that the equipmentwill only be ~ s e d for highway purposes.

c. State funds may be used for all phases of the Project, including preliminaryengineering, right of way, utility relocations and construction. Said use shall beconsistent with the Oregon Constitution and statutes (Section 3a of Article IXOregon 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 limitedto a maximum amount of $97,899.00. All costs incurred in excess of the FundExchange amount will be the sole responsibility of Agency.

e. State certifies, at the t ime this Agreement is executed, that suff icient funds area v a i l ~ b l e and authorized for expenditure to finance costs of this Agreementwithin State's current appropriation or limitation of the current biennial budget.

f. Agency and any contractors, shall perform the work as an independentcontractor and will be exclusively responsible for all costs and expenses relatedto its employment of individuals to perform the work inclUding, but not limited to,

retirement contributions, workers compensation, unemployment taxes, and stateand federal income tax withholdings.

g. Agency shall comply with all federal, state, and local laws, regulations, executiveorders 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 parthereof. 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 504of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990and 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 engineeringand design work required to produce final plans, specifications and costestimates; purchase all necessary right of way in accordance with current stateand federal laws and regulations; obtain all required permits; be responsible forall utility relocations; advertise for bid proposals; award all contracts; perform allconstruction engineering; and make all contractor payments required to completethe Project.

i. Agency shall submit invoices to State on a monthly basis, for actual costsincurred by Agency on behalf of the Project directly to State's Project Managerfor 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 willitemize all expenses for which reimbursement is claimed. Under no conditionsshall State's obligations exceed $97,899.00, including all expenses. Travelexpenses will not be reimbursed.

j. Agency shall, at its own expense, maintain and operate the Project uponcompletion at a minimum level that is consistent with normal depreciation andservice 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 ORS656.126. Agency shall ensure that each of its subcontractors complies with theserequirements.

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 noticeto 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 thetime specified herein or any extension thereof.

B. If Agency fails to perform any of the other provisions of this Agreement, orso fails to pursue the work as to endanger performance of this Agreementin 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 asState may authorize.

ii. Either Party may terminate this Agreement effective upon delivery of writtennotice to the other Party, or at such later date as may be established by theterminating Party, under any of the following conditions:

A. If either Party fails to receive funding, appropriations, limitations or otherexpenditure authority sufficient to allow either Party, in the exercise oftheir reasonable administrative discretion, to continue to make paymentsfor performance of this Agreement.

B. If federal or state laws, regulations or guidelines are modified orinterpreted in such a way that either the work under this Agreement is

prohibited or either Party is prohibited from paying for such work from theplanned funding source.

iii. Any termination of this Agreement shall not prejudice any rights or obligationsaccrued to the Parties prior to termination.

m. State and Agency agree that if any term or provision of this Agreement isdeclared by a court of competent jurisdiction to be invalid, unenforceable, illegalor in conflict with any law, the validity of the remaining terms and provisions shallnot be affected, and the rights and obligations of the Parties shall be construedand enforced as if the Agreement did not contain the particular term or provisionheld to be invalid.

7. Agency acknowledges and agrees that State, the Oregon Secretary of State'sOffice, the federa'i government, and their duly authorized representatives shall haveaccess to the books, documents, papers, and records of Agency which are directlypertinent 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 applicablerecords 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 hasbeen 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) allof which when taken together shall constitute one agreement binding on all Parties,notwithstanding that all Parties are not signatories to the same counterpart. Eachcopy of this Agreement so executed shall constitute an original.

26768 -4-



10.This Agreement and attached exhibits constitute the entire agreement between theParties on the subject matter hereof. There are no understandings, agreements, orrepresentations, oral or written, not specified herein regarding this Agreement. No

waiver, consent, modification or change of terms of this Agreement shall bind eitherParty unless in writing and signed by both Parties and all necessary approvals havebeen obtained. Such waiver. consent, modification or change, if made, shall beeffective only in the specific instance and for the specific purpose given. The failureof State to enforce any provision of this Agreement shall not constitute a waiver byState of that or any other provision.

THE PARTIES, by execution of this Agreement, hereby acknowledge that each Partyhas read this Agreement, understands it, and agrees to be bound by its terms andconditions.

The funding for this Fund Exchange program was approved by the OregonTransportation Commission on November 14, 2007, as a part of the 2008-2011Statewide Transportation Improvement Program (STIP).

The Program and Funding Services Manager approved the Fund Exchange on March11,2010.

The Oregon Transportation Commission on December 29, 2008, approved DelegationOrder No.2, which authorizes the Director to approve and execute agreements for dayto-day operations. Day-to-day operations include those activities required to implementthe biennial budget approved by the Legislature, including activities to execute a projectin the Statewide Transportation Improvement Program.

On September 15, 2006, the Director of the Oregon Department of Transportationapproved Subdelegation Order No.2, Paragraph 1, in which authority is delegated tothe 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 projectincluded in the Statewide Transportation Improvement Program or in other systemplans approved by the Oregon Transportation Commission such as the Oregon TrafficSafety Performance Plan, or in a line item in the biennial budget approved by theDirector. The Director may also delegate to other Administrators the authority toexecute intergovernmental agreements over $75,000 for specific programs such astransportation safety, growth management and public transit.

26768 ~ 5



BAKER CITY, by and through its electedofficials

By _Mayor (or other assigned designee)

Date- - - - - - - - - - - -By _

City Recorder (or other assigneddesignee)

Oate _

APPROVED AS TO LEGALSUFFICIENCY

By _

Counsel

Date _

Agency Contact:Jennifer Watkins, Assist. City Manager

City of Baker City

P.O. Box 650Baker City, Oregon 97814

(541) 523-6541

State Contact:

Doug Wright, Federal Aid Specialist

3012 Island AvenueLa Grande, Oregon 97850(541) 963-1362

26768

STATE OF OREGON, by and throughits 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 ofBaker CityProclamation

Building Safety Month

May 2010

WHEREAS, Through our continuing efforts to address critical safety issues in the built environme

that affect our citizens, regardless of age or occupation, both in everyday life and in times of natural disaste

we are confident that our structures are safe and sound; and

WHEREAS, Vigilant guardians-building safety and fire prevention officials, architects, engineer

builders and others in the construction industry-work year-round to ensure the safe construction o

buildings; and

WHEREAS, These dedicated members of the International Code Council develop and implement th

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 preventio

codes in the nation, are used by most U.S. cities, counties and states; these modern building safety codes als

include safeguards to pro tect the public from natural disasters such as hurricanes, snowstorms, tornadoe

wildland fires and earthquakes; and

WHEREAS, Building Safety Month, presented by the International Code Council and Internationa

Code Council Foundation, reminds the public about the critical role of ou r communities' largely unknow

guardians of public safety-our local code officials-who help prevent countless deaths and injuries from fire

and accidents; and

WHEREAS, The theme, "Commemorating a 30-year Legacy of Leadership" encourages all American

to raise awareness of the importance of building safety; disaster-resistant, energy efficient, green an

sustainable building; pool, spa and hot tub safety; and new technologies in the construction industry;

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 stat

agencies; and

WHEREAS, This year, as we observe Building Safety Month, we ask everyone to consider projects t

improve building safety at home and in the community, and to acknowledge the essential service provided t

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 i

me as Mayor of the City of Baker City. do hereby proclaim May 2010 as "Building Safety Month" in Bake

City, Oregon.

IN WITNESS WHEREOF, I have hereunto se t my hand and caused the Seal of the City of Baker Cit

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

7Meeting Date:

Agenda Item:

Agenda Title: Approval of Task Order#2 with HDR, Inc. forWater System

_____. . .m.provementsAction Statement

The Council can approve the second task order with HDR, Inc. to continue with therecommended water treatment option granting authority to proceed with the equipmentprocurement phase of the project.

Background

The City of BakerCity water system is required to comply with the Long Term 2 EnhancedSurfaceWater Treatment Rule (LT2ESWTR) enacted by the United StatesEnvironmentalProtection Agency in 2006. The requirement for addressing cryptosporidium has beenidentified in ourWater Facility Plan since 2000 and then more recently with the updatedEPA 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 theprotozoan 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 compliancerequirements, determine available options and recommend the best alternative. BryanBlack, P.E. of HDR, Inc. attended the December 8,2009 Council meeting to discuss theoptions in further detail and staff requested and received approval for the recommendedalternative of Ultra Violet light treatment. This recommendation was further supported bythe 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 theappropriate equipment. The equipment is site specific and the procurement of theappropriate 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 futurefacility.

The ultra violet treatment facility (UVTF) will include several steps to move towardscompletion 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 theCouncil for consideration. This current task order will be completed for a fee of $38,700which 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 thenfinally 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 watersystems in the State ofOregon. Portland with the Bull Run Watershed is also one of the four systems. PortlandWater Bureau officials are filing a request for waiver with the EPA in an effort to avoid thecostly expense of the system upgrades. The argument is that the water is of high qualityand the likelihood of testing positive for Crypto is slim and therefore disinfecting water thatdoesn't contain "the bug" is unnecessary. The cost for Portland to attempt a waiverrequest (there is no formal waiver process to go through) will cost several million dollars.BakerCity is estimated to spend around $2.3million for an entire facility so the waiver costsmay 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 UVequipment procurement for LT2 compliance.

Is this recommendation supported by an advisory committee? Check those that apply:

o Airport Commissiono Golf Boardo Historic District Design Review Committeeo Planning Commission

Public Works Advisory Committeeo Transient Lodging Tax Committeeo Tree Boardo Other _

oNot Applicable

o No. Explanation:

Suggested Motion

Move to approve Task Order #2 with HDR, Inc.

Prepared by: Michelle Owen, Director of Public Works



oEPAUnltad statesEnvironmentalProtectionAgency

Long Term 2 Enhanced SurfaceWaterTreatment Rule: AQuick ReferenceGuide ForSchedule3Systems- _.. Of 00Xg 7 "_ v .........._ l l f t l l_

Title Long Term2 Enhanced Surface Water Treatment Rule (LT2ESWTR) 71 FR 654, January 5, 2006,

Vol. 71, No.3Purposes Improve public health protect ion through the control of microbial contaminants by focusing on

systems with elevated Cryptosporidium risk. Prevent signifiCant increases In microbial risk thatmight otherwise occurwhen systems implement the Stage 2 Disinfectants and DisinfectionByproducts Rule (Stage 2 DBPR).

General The LT2ESWTR requires systems to monitor their sourcewater, calculate an averageDescription 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 influenceCovered of surface water (GWUDI).

Schedule 3 systems include PWSs serving 10,000 to 49,999 people OR wholesale PWSs that arepart of a combined distribution system In which the largest system selVes 10,000 to 49,999people.

I 'V ' I . -D_ - -. . . . -....

Control of Cryptosporidium

Source Water Filtered and unfi ltered systems must conduc t 24 months of source water monitoring forMonitoring Cryptosporidium. Filtered systems must also record source water E. coli and turbidity levels

Filtered systems will be classified Intoone of four "Bins" based on the results of their sourcewater monitoring. Unfiltered systems will calculate a mean Cryptosporidium level todetermine 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 unfilteredsystems providing at least 3-log of treatment for Cryptosporidium and those systems thatintend 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 binAdditional classification (average source water Cryptosporidium concentrationl, using treatmentTreatment options from t he "microbial toolbox."

Unfiltered systems must provide additional treatment for Cryptosporidium using chlorinedioxide, ozone, or UV:

Uncovered Systems withan uncoveredf inished water storage facUity musteither: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,3·109 for Giardia lamblia, and 2-log for Cryptosporidium.

Disinfect ion Prof il ing and Benchmarking

After completing the initial round of sourcewater monitoring any systemthat plans on making a significantchange 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

CryptosporidiumBin

RequiredAlternative

ConcentrationClassification Slow Sand or Filtration

(oocysts/l) Conventional DirectFiltration Filtration

DiatomaceousEarth Filtration

< 0.075 Bin 1 No additional No additional No additional No additionatreatment treatment treatment required treatmentrequired 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 Concentration 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 EPA electronically; or

• Notice to EPA or the state of the system's intent to submit results for grandfatheringdata; or

Notice to EPA or the state of the system's intent to provide at least 5.5-log of treatmentfor 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 notifythe EPA or the state of all uncovered treatedwater 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 tohave grandfathered.

April 1, 2009 No later than this date, uncovered finished water storage facilities must be covered, or thewater must be treated before entry into the distribution system, or the systemmust be incompliance with a state approved schedule.

March 2010 No laterthan this month, systems must complete their lnital round of source watermonitoring.

September 2010 No later than this month, filtered systems must report their initial bin classification to theEPA or the state for approval.

September 2010 No later than this month, unfiltered systems must report the mean of all Cryptosporidiumsample results to the EPA or the state.

September 30, 2013 Systems must install and operate additional treatment in accordance with their binclassification (filtered systems) or mean Cryptosporidium level (unfiltered systems).t

July 1, 2016 Systems must submit their sampling schedule that specifies the dates of sample collectionand 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 (filteredsystems) or mean Cryptosporidium level (unfiltered systems) and provide additionalCryptosporidium treatment, if necessary.

For States

July - December States are encouraged to communicate with affected systems regarding LT2ESWTR2006 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 treatmentsalready in place.

January 5, 2010 Final primacy revision applications from states with approved 2-year extensionsagreements must be submitted to EPA.

June 30, 2014 States should award Cryptosporidium treatment credit for toolbox option implementation.

June 200ww.epa.gov/safewalerPA816-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 theSafeDrinkingWaterHotline at 1-800-426-4791;visitthe EPAweb site at "www.epa.gov/safewater/disinfectionlft2; or contactyourstate drinkingwaterrepresentative.



TASK ORDER: WATER QUALITY, TREATMENT, AND REGULATORY COMPLIANCEPROJECT

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 describedbelow 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 supplementthe 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 willnot proceed without priorwritten authorization from the CITY.

With a scope of services for design defined in this task order and in future task orders, theUV Treatment Facility (UVTF) generally includes site work, UV disinfection, standby powergeneration, telemetry for system controls and a bUilding with control room. The project willbe implemented through issuing three (3) separate contract packages to appropriate vendorsor 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 ConstructionEngineering design will be in accordance with applicable requirements Oregon StateDepartment 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 followingtasks and subtasks:

• CITY Fiscal Year 2010-2011o 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 separatetask orders.



SClYE OF SERVICESFOR THE BAKER UV TREATMENT FACILITY - MAY 21.2009

Fiscal Year 2010·2011 - UV Equipment Procurement

Task 1- Project Management (FY2010-2011)

This task includes the project management tasks required for the project elements in fiscalyear 2010-2011. Tasks include project planning, management, status reporting, and quality

and cost control activities for the duration of the project. These services also includechartering 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 ProjectGuide will be prepared incorporating CITY review comments. The Project Guide willserve as a reference guide for team members throughout the project.

• Document the roles of the project team (including CITY staff), communicationsprotocol, project schedule and deliverables, and the general purpose and goals forthe 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 thesuccessful 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 andschedule, preparation of miscellaneous project correspondence, project status

reporting, conduct up to two progress meetings. preparation of invoices, and overallmanagement of project activities.

• Provide the CITY with project progress, budget and schedule status monthly withsubmission of each invoice. Status report will include percent complete and percentspent 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 thediscretion of the CITY.

Deliverables

• Project status reports for each invoice submitted to the CITY

BAKER CITY, OR

WATER QUAlITY. TREATMENT. AND REGULATORYCOMPLIANCE PROJECT

T02·2



SCOPE OF SERVICES FOR THE BAKERUV TREATMENT FACILITY -MAY 21. 2009

Subtask 1.03 - Quality Assurance JQuality 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 ProjectQuality Management Plan (OMP) will be created and then amended through theproject as deliverables are developed.

• Perform detailed internal quality control and criteria and concepts reviews for workproducts 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, reachresolution. and document all significant CITY review comments.

Assumptions

• Major work product submittals as part of the OMP include the deliverables listed inthis scope of seNices.

• CITY will participate in implementation of quality management for CITY review andcomment 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 drawingcoordination seNices for the selection and pre-purchase of the ultraviolet (UV) disinfectionsystem supplier for the facility.

Subtask 2.01 - Preparation of UV Procurement DocumentsThis subtask includes the preparation of the procurement documents suitable for solicitingbids from UV system suppliers. Task activities include the development of a preliminaryprocess and instrumentation diagram (P&ID) and final specifications for the followingsystems:

• 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 ProcurementContract Documents.

• Prepare requirements for lamp breakage response plan to be provided by UVequipment 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 andpreliminary drawings prior to issuing the Equipment Procurement ContractDocuments package to the CITY.

BAKER CITY, OR

WATER QUALITY. TREATMENT. AND REGULATORY COMPLIANCE PROJECT

T02·3



SCOPE OF SERVICES FOR THE BAKERWTREATMENT FACILITY - MAY 21, 20119

• Submit key sections of the Equipment Procurement Contract Documents to DHS forreview and comment.

• Participate in a conference call to discuss CITY review comments on the draftEquipment 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 systemsupplier, for incorporation into the Equipment Procurement Contract Documents, withsupport from the CONSULTANT.

• The CONSULTANT will prepare legal bid forms and requirement documents forinclusion with the Equipment Procurement Contract Documents package based onEngineer's Joint Construction Documents Committee (EJCDC) general conditions forequipment procurement contracts.

• The CITY will review the specifications and legal documents to be included with theEquipment Procurement Contract Documents.

Deliverables• Applicable UV system technical specification and preliminary design drawings.

• Two (2) copies of the final Equipment Procurement Contract Documents, whichinclude; one half size (11" x 17") set of the final design drawings, plus technicalspecifications 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 ProcurementContract 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 andrecommendation.

• 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 andacceptance 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 andappurtenances.

• CITY will provide capabilities for off-loading ultraviolet equipment and appurtenancesand placing it in storage.

BAKER CITY, OR

WATER OUAlITY. TREATMENT, AND REGULATORY COMPLIANCE PROJECT

T02·4



SCOPE OF SERVICESFOR THEBAKER 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 CoordinationThis subtask includes services to provide assistance to the CITY for the purpose ofconducting due diligence activities associated with the evaluation of the proposalrespondents.

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 regulatoryapproval.

• 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 regulatoryquestions 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 UVworkshop with CITY staff to discuss lamp breakage issuesand 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 andcomment.

• Submit a vendor-provided draft lamp break response plan to the DHS for review andcomment, after vendor incorporates CITY review comments.

• Submit a final vendor-provided lamp break response plan to the CITY and DHS forfinal 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. ANDREGULATORY COMPLIANCE PROJECT

T02· 5



SCOPE OF SERVICES fOR THE BAKERW 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 thebidding 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 lumpsum. 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 totalbased 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 ForfeitureDistributionAgreement

Action Statement

Approval by Council will authorize that the 40% of monies from each drug relatedcriminal forfeiture, required by statute to go for drug treatment, will be disbursed to theBaker 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 CountyNarcotics Enforcement Team, the District Attorney, the Local Public Safety Coordinating

Council, the Baker County Mental Health Advisory Committee and the Local Alcoholand Drug Planning Committee Baker County's local disbursement plan states that the40% 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 theDistrict 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 NarcoticsEnforcement Team, which is primarily involved in these criminal forfeitures. The Baker

City Police Department supports the recommendation to allocate the 40% for drugcourt, as we have seen first hand the success of the program. In addition the programhas an accountability factor, for those participants who fail to meet expectations.

Alternatives1. Approve recommendation for drug treatment disbursement2. 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 Commissiono Golf Boardo Historic District Design Review Committeeo Planning Commission

o PublicWorks Advisory Committeeo Transient Lodging Tax Committeeo 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



BAKERCOUNTY CRIMINAL FORFEITURE

DISTRIBUTION AGREEMENT ANDDRUG 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 ofmonies

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 ofproceeds 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 of treatment 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 ofNew Directions Northwest programs was

established in the original Baker House over twenty years ago. A residentialprogram 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 of the 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 SheriffMitch Southwick support this agreement.

By agreement of the Board of the Baker County Narcotics Enforcement

Team, the District Attorney ofBaker 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 of the Baker County Drug Courts. Baker County has had in place an

adult drug court for more than three years. The court has been successful inrehabilitating 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: _

ChiefWyn Lohner, Baker City PoliceNarcotics 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

ChiefExecutive Officer

New Directions Northwest