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									                                   BAKER CITY COUNCIL
                                    REGULAR MEETING
                                   Tuesday, May 25, 2010

#1) Call to Order                    The meeting was called to order at 7:00 p.m. by
                               Mayor Dennis Dorrah in Baker City Hall Council Chambers.

#2) Pledge/Invocation               The Pledge of Allegiance and Invocation were led by
                               Councilor Milo Pope.

#3) Roll Call                         Roll call was answered by Mayor Dennis Dorrah,
                               Councilors Beverly Calder, Milo Pope, Sam Bass, Aletha
                               Bonebrake and Clair Button. Councilor Andrew Bryan was
                               absent. Also present were City Manager Steve Bogart,
                               Assistant City Manager/Community Development Director
                               Jennifer Watkins, Public Works Director Michelle Owen,
                               Assistant Public Works Director Gary Van Patten, Police Chief
                               Wyn Lohner and Management Assistant Teresa Dyke.

#4) Consent Agenda                   At this time, the Council reviewed the Consent Agenda,
  a. Minutes of May 11,        which included the minutes of the May 11, 2010 regular
     2010 Regular Session
  b. Approval of Fund          meeting; the approval of Fund Exchange Agreements; and the
     Exchange                  National Building Safety Proclamation (read by Mayor
     Agreements                Dorrah).
  c. National Building
     Safety Proclamation            Upon a MOTION by Ms. Calder, seconded by Ms.
                               Bonebrake and with all in favor, the consent agenda was

#5) Citizen’s Participation           The next item on the agenda was citizen’s participation;
                               there was none.

#6) Discussion and                   The next item was requested to be moved to agenda
Selection of Wastewater        item number 6 as the presenter was present.
Treatment Method

                                        Taken from staff report:

                                       The City of Baker City currently disposes of treated
                               effluent from our wastewater treatment lagoons into the
                               Powder River. The Department of Environmental Quality
                               (DEQ) has informed the City that new limits for discharge will
                               be put in place as the Total Maximum Daily Loads (TMDLs)
                               are determined for the Powder River. These additional limits
                               or restrictions will require the City to modify its current
                               disposal method in order to meet dilution, temperature,
                               storage and other limits. It is anticipated that these new limits
                               will be imposed on the City’s next NPDES permit issued within
                                                  Page 1 of 7
                              City Council Minutes Regular Meeting April 27, 2010
 the next few years. The exact date of required compliance is
 still unclear, but the indication from DEQ officials is that the
 next five year permit issued will require the City to make
 substantial changes to its wastewater disposal process.

        The 2005 Wastewater Facility Plan adopted by the City
 Council outlines several options for the City to consider as
 alternatives for wastewater disposal. Recently engineers from
 Anderson-Perry and Associates (AP) re-evaluated the
 alternatives and put together an updated cost comparison of
 the options.

        Brett Moore, P.E. of AP, presented the report to the
 Public Works Advisory Committee (PWAC) earlier this month.
 The draft minutes of that meeting are attached to this staff
 report. The PWAC considered wetlands reuse development,
 slow sand filtration, land application (crop irrigation) and a
 mechanical treatment plant.          The PWAC made a
 recommendation that the Council consider the wetlands
 options as the first alternative.

        Mr. Moore will be presenting the updated report to the
 City Council and the Council can consider the alternatives and
 the PWAC recommendation. The low cost option is the
 wetlands option provided agreements can be developed for
 leasing existing wetlands rather than purchasing the required

          The current lagoon system has several potential
 deficiencies including storage capacity due to a dilution ratio
 requirement, algae blooms causing Total Suspended Solids
 (TSS) concerns, Biochemical oxygen demand (BOD) limits in
 winter and future concerns with temperature and turbidity.
 Each alternative mitigates the issues with our current lagoon
 facility, but at different levels and different costs.

        The Council can select the low cost option of wetlands
 reuse and authorize staff to proceed with the first phase of
 development including land owner discussions and test wells
 development. This phase could be accommodated within the
 current rate structure for the next fiscal year.

       The Council may also select a different disposal option
 and request staff to proceed with that alternative

                    Page 2 of 7
City Council Minutes Regular Meeting April 27, 2010
                                     The Council may delay decision until a later date. It is
                              unlikely that any new options will become available in the near
                              future. It is also unlikely that the cost of proceeding with any
                              of the options will be reduced in the future.

                                    Brett Moore, Anderson-Perry, presented options for the
                              Wastewater Treatment Method. The recommended option is
                              the wetlands reuse option at an estimated cost of $4.8 million.

                                      After some discussion, Mr. Button made a MOTION to
                              accept the wetlands reuse option as the preferred treatment
                              plan. The motion was seconded by Mr. Pope and, with all in
                              favor, it was APPROVED.

#7) Request for Assistance           City Manager Steve Bogart stated that a grant is now in
with Kirkway Reach            place for the project. The City is being requested to partner
                              with the Powder Basin Water Council for transporting rock.
                              Mr. Van Patten has worked up an initial estimate of
                              approximately $7000.

                                     Upon a MOTION from Mr. Pope, seconded by Ms.
                              Calder, and with all in favor, the request to transport rock for
                              the Kirkway Reach Project was APPROVED.

#8) Request for Approval             The next item on the agenda was a request to approve
of Criminal Forfeiture        the Criminal Forfeiture Distribution Agreement.
Distribution Agreement

                                       Taken from staff report:

                                      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
                                  The Baker City Police Department has an active
                                                 Page 3 of 7
                             City Council Minutes Regular Meeting April 27, 2010
                             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

                                   District Attorney Matt Shirtcliff presented the agreement
                             to Council. In 2001, Oregon passed the Criminal Forfeiture
                             Law. The funds are used to further drug activities in a positive
                             way. In 2007, Baker County began drug court and in that
                             same year the agreement changed to allow 40% of the
                             monies to go to drug court.

                                   Upon the MOTION by Mr. Pope, seconded by Mr.
                             Bass, and with all in favor the agreement was APPROVED.

#9) Request for Approval            Next, the Council discussed a request to approve the
of Task Order #2 with HDR    second task order for the LT2 Treatment Project. Ms. Owen
Engineering for LT2
Treatment Project            stated that the City is now ready to enter the phase of
                             selecting the type of UV equipment.

                                      Taken from staff report:

                                    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. Our unfiltered
                             mountain water will require a second form of disinfection to
                             inactivate the protozoan Cryptosporidium by no later than
                             2013. 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.

                                    The UV light treatment was selected as the low cost
                             alternative to meeting the EPA requirements. The first phase
                             of the project involves selecting the appropriate equipment.
                                                Page 4 of 7
                            City Council Minutes Regular Meeting April 27, 2010
 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

        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 have filed 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 much of a cost savings.

        Mayor Dorrah indicated that he is uncomfortable with
 spending a large amount of money without clear direction
 from the EPA. He believes that the City may not have to
 complete the treatment project at all. Ms. Owen indicated that
 the City has an unfiltered system, and therefore, must comply.

        Ms. Calder stated that the information received has
 been confusing and unclear. Ms. Owen explained that the
 City can hope for a waiver. However, if any cryptosporidium
 is discovered, then the City will have to comply.

       Mayor Dorrah commented that he would like to see
 something directly from the EPA stating that the City must
 meet the requirements.

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City Council Minutes Regular Meeting April 27, 2010
                                     In response to a question from Mr. Pope, Ms. Owen
                              indicated that this request would only approve the next step in
                              the process. Each task order would be brought to the Council
                              for approval. This will allow the project to proceed in a timely
                              fashion while still allowing for further investigation with the

                                    Mr. Pope made a MOTION to approve the task order.
                              The motion was seconded by Mr. Bass. With Mr. Bass and
                              Mr. Pope in favor, and Mayor Dorrah, Ms. Bonebrake, Ms.
                              Calder and Mr. Button opposed, the motion FAILED.

#10) City Manager/Director           Under City Manager/Director comments, City Manager
Comments                      Steve Bogart stated that there have been numerous
                              communications in regards to the ambulance service area.
                              Since Huntington will no longer have ambulance service, the
                              City will temporarily go to I-84 Milepost 340. The City is under
                              no obligation to provide service in outside areas.

                                    Mr. Bogart also stated that former City Manager Steve
                              Brocato has filed a lawsuit against the City.

                                    Ms. Watkins stated the parkway project has begun and
                              construction crews are onsite clearing for the path project.
                              The project is being done through grant funds, with 10%
                              coming from City funding.

                                      Ms. Watkins stated that there is another grant
                              opportunity becoming available through the Oregon
                              bike/pedestrian program. Staff will come to the Council in the
                              future for support of an application.

#11) Council Comments                Under Council comments, Mr. Pope thanked Ms. Owen
                              for her presentation at the ASR conference. She was very
                              well received and Baker City is the only city in Oregon that
                              has a permit to do this.

                                     Ms. Calder asked if Auburn street is addressed in the
                              Bike/Pedestrian grant opportunity. Ms. Calder also asked if
                              there would be an executive session to discuss the pending
                              lawsuit. Mr. Bogart indicated that this would be up to the
                              attorney handling the case.

                                   Mr. Bass reminded everyone to have a safe Memorial
                              Day weekend.

                                    Ms. Bonebrake applauded the Circuit Court Judge and
                              DA’s office on the drug court activities for juveniles.
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                             City Council Minutes Regular Meeting April 27, 2010
                       Mayor Dorrah stated that the City needs to really look
                at the LT2 project before approving $2 million dollars.

#11) Adjourn        With no further business to discuss the meeting was
                ADJOURNED at 8:25 p.m.


                          City Recorder

                                   Page 7 of 7
               City Council Minutes Regular Meeting April 27, 2010

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