Background: Approve the Minutes which summarize all business by the Board of Commissioners for the Business Meeting held on the date stated above.

Recommended Motion: Approve the minutes as presented. Fiscal Impact is None.

Background:  Employees are presented service awards in 5 year increments beginning with their first 5 years of service to Klamath County.

5 Years

Dawn Sedlacek – Sheriff’s Office

Johnathan Redd – Public Works

Madison Meyer – Developmental Disablities

Freddy Marin - Building

10 Years

Julie Harper – Community Corrections

25 Years

Michael Hedlund - Juvenile

Background: Klamath County wishes to lease 905 Wiard St., Klamath Falls, OR 97603, to Klamath Community Youth Sports Complex, an Oregon domestic nonprofit corporation.  The parcel is encompassed by the Steen’s Sports Complex.  Lease is $1.00 expiring on September 30, 2097. Approved at Admin Meeting on 6/6/23.

Recommended Motion:  Authorize lease of 905 Wiard St. Klamath Falls, OR to Klamath Community Youth Sports Complex, an Oregon domestic nonprofit corporation.  Fiscal impact of $1.00 revenue to the Klamath County General Fund.  Approved at the Administrative Meeting on 6/6/23.

Background: In 2021, the Oregon Legislature passed Senate Bill 762. The bill defined defensible space as "a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared, or modified to slow the rate and intensity of advancing wildfire and allow space for fire suppression operations to occur." The law intended to promote wildfire mitigation across the State of Oregon.

Recommended Motion: Approve the agreement with Office of State Fire Marshal for Project 1: Woodchipper Program for $355,000.00 and Project 2: Trailer Safety Chain Spark Prevention for $60,000.00 and authorize BOCC Chair to sign. Fiscal Impact: $415,000

Background:  Klamath County Public Works requested quotes for the above referenced vehicles.  The following quote was received:

Lithia Ford    2023 F250 (3 ea)    $56,030.00 + DMV, Taxes and Fees
                     2023 F550 (1 ea)    $55,860.00 + DMV, Taxes and Fees

 Public Works requests the quote be awarded to Lithia Ford for a total of $223,950.00 plus DMV, Taxes and Fees.  Klamath County Public Works has the money in their 2023-2024 budget.

Recommended Motion:  Board to accept the quote from Lithia Ford of Klamath Falls for Three (3) 2023 F250 4x4 Super Duty Pickups and One (1) 2023 F550 4x4 chassis Cab Pickup and authorize Public Works to issue a Purchase Order and sign for the vehicles upon delivery.  Fiscal Impact: $223,950.00 plus DMV, Taxes and Fees expenditure to the Public Works Equipment Reserve Budget. 

Background:  On May 3, 2023 Public Works issued an Invitation for Bids for the 2023 Shasta Way Sidewalk Improvements project.  On May 30, 2023 the Public Works Department opened bids and received the following responsive bid:

Rocky Mountain Construction, LLC        $968,112.00

Public Works recommends all bids be rejected in accordance with ORS 279B.100 and OAR 137-047-0650 2(b) which state that the contracting agency may reject all bids if the price, quality, or performance presented by the Bidders is too costly or of insufficient quality to justify acceptance or any bid. The bid submitted was substantially higher than the Engineer Estimate (27%, ±$200,000).  Public Works feels it is in the County’s best interest to reevaluate the project for bidding later this year or next Spring.  

Recommended Motion:  Board to approve the rejection of all bids for the Shasta Way Sidewalk Improvements 2023 project, reevaluate the scope of the project and reissue the project at a more favorable time. There is no Fiscal impact to the Road Operating Budget at this time.

Background:  On April 23, 2023, the Klamath County Board of County Commission’s held a public hearing regarding the remand from Land Use Board of Appeals regarding an exception to Statewide Planning Goal 4 – Forestry to allow a sewage treatment facility to be located on Forestry Zoned land.   

The Board of County Commissioners after listening to the testimony, deliberated and unanimously approved the requested Comprehensive Plan, based on the findings within the record. 

Recommended Motion:   Approve to sign the Final Order rendering the prior approved decision into writing. There is no fiscal impact to Klamath County.

Background: In accordance with ORS 312 property foreclosed upon by the tax collector for nonpayment of taxes and interest and not redeemed during a redemption period is to be deeded to the county.  In accordance with ORS 275 whenever it deems to be in the best interest of the county to sell and convey any property acquired in any manner by the county and not in use for county purposes an Order is to be entered directing the Sheriff or a deputized representative to make sale thereof.  The attached Notice of Sale describes 74 sale lots to be published in the newspaper of general circulation four consecutive weeks prior to Thursday August 17th, 2023.  

Recommended Motion:  Approve and execute the attached order allowing 74 sale lots to be offered for sale to the public on Thursday August 17th 2023. Fiscal impact: Potential revenue of $163,950.00 to the County Properties Trust and Agency fund, if all properties sell for the minimum bid. 

Background: The Planning Infrastructure and Economic Revitalization (PIER) Selection Committee was established by the State to provide grant funding to the eight most impacted counties by the 2020 Labor Day fires, Klamath County was allocated $1,703,097.00. The selection committee shall identify projects or programs to address the unmet planning, infrastructure, economic revitalization recovery and mitigation needs that fall within the county. The program dictates there shall be a voting representative from: local government within the fire perimeter, 1 from County and 1 from City of Chiloquin; Local Economic Development District (SCOEDD); Long-Term Recovery Group and the Klamath Tribes. The Commissioners additionally added the position of Chair from the Title III Advisory Council.

Recommended Motion: Approve and sign the attached Order appointing Ellsworth Lang, Denise Stilwell, Commissioner Kelley Minty, Cathy Stuhr, Brian Bryson and Rhonda Nyseth to specified positions on the Planning Infrastructure and Economic Revitalization (PIER) Selection Committee.  There is no Fiscal Impact.

Background:  During the May 31, 2023 public finance meeting, the Board of County Commissioners voted to approve an interfund load from the General Fund Reserve to the Fairgrounds for the expansion of the RV park.  The terms of the loan are for $2,500,000 at 4.5% interest for 10 years.  The interest rate is variable and will be adjusted on January 1st of each year to coincide with the LGIP rate of interest. 

Recommended Motion:  Approve and sign the interfund loan agreement between the Fairgrounds and the General Fund Reserve.  Fiscal impact: $2,500,000.00 transfer to the Fairgrounds and an estimated $600,000.00 in interest income over the term of the loan.

Background: Klamath County received a Community Development Block Grant from Business Oregon for the Bly Water and Sanitary District’s Sewer Project. The purpose of the project was to replace the municipal water supply distribution system. It is estimated that the project benefited at least 214 persons of whom 57.48% are low or moderate income. This 2nd public hearing is for the BOCC to obtain citizen views about the project and take comment about the local government’s performance.

Recommended Motion: *****Must read entire publication notice in full and take public comment. Fiscal Impact: $322.15 Expenditure for publication, General Fund Commissioners Misc. Grants Line Item.

Background: The purpose of the hearing is to discuss the proposed supplemental budget resolutions for Klamath County’s budget for the fiscal year 2022-2023 as advertised.  Time certain 1:20 p.m.

Recommended Motion:  Hold the hearing on the proposed supplemental budget of Klamath County for fiscal year 2022-2023. Fiscal Impact:   $642.62 Expenditure to the Finance budget for advertising costs.

Background:   The Public Health Department year-end budget resolution records increased grant funds in the Emergency Preparedness, Administration, Environmental Health and Health Promotion Disease Prevention sub-departments.  The resolution also moves funds between different categories of expenditures as needed to budget closer to actual projections.

Recommended Motion: The Board of Commissioners of Klamath County, Oregon hereby approve the supplemental budget resolution for fiscal year 2022-2023 as outlined in the attached documents.  FISCAL IMPACT: $624,456 increase in revenues and expenditures in the Public Health Fund.

Background: This budget resolutions allows for an interfund loan to the Fairgrounds for help with their RV park expansion project. The ARPA grant received by the Fairgrounds will not be realized as a transfer, but will be paid in reimbursements out of the COVID19 Pandemic fund. The Fair sub‐department is also realizing additional revenues received for events and sponsorships.

Recommended Motion: The Board of Commissioners of Klamath County, Oregon hereby approve the supplemental budget for fiscal year 2022‐2023 as outlined in the attached documents for changes to the Fairgrounds and COVID19 Pandemic Fund. Fiscal Impact: $1,738,271 increase in revenues and expenditures.

Background:   Klamath County received the Local Assistance and Tribal consistency Fund (LATCF) grant which allows for revenues of $6.0 million to be received in October of 2022 and another $6.0 million to be received in 2023.  A General fund reserve was created for these funds and the 1st tranche was transferred from the General Fund Non-Departmental to the Reserve.  The Board also agreed to loan the Fairgrounds $2.5 M from the LATCF funds to help with the RV expansion project.  This resolution budgets these transfers as well as increases other revenues and expenditures closer to actual.

Recommended Motion: The Board of Commissioners of Klamath County, Oregon hereby approve the supplemental budget for fiscal year 2022-2023 as outlined in the attached documents for changes to the General Fund Non-Departmental and the General Fund Reserve.   Fiscal Impact:   $3,274,903 decrease in revenues and expenditures in the General Fund and $11,347,677 increase in revenues and expenditures in the General Fund Reserve.

Background:   This supplemental budget moves funds unappropriated in Reserve for Future Expenditures to Material and Services within the Developmental Disabilities Reserve for public outreach.

Recommended Motion: The Board of Commissioners of Klamath County, Oregon hereby approve the supplemental budget resolution for fiscal year 2022-2023 as outlined in the attached documents.  FISCAL IMPACT: $35,000 appropriation from Reserve for Future Expenditures.

Background:   Changes to the above referenced funds are as follows:

Tourism – budget donation for AOC conference

Economic Development – budget donation to Steen's Sports Park and Klamath Basin Home Builders

Law Library – move $100 to personnel from Material and Services

Juvenile – received higher than anticipated grants and pass through expenditures

Water master – budget for personnel and rental income reclassifications

GIS & Gen Admin – move funds from Material and Services to Personnel for small shortage in wages

Recommended Motion: The Board of Commissioners of Klamath County, Oregon hereby approve the supplemental budget resolution for fiscal year 2022-2023 as outlined in the attached documents.  FISCAL IMPACT: $178,775 increase in revenues and expenditures.

Background: This budget resolution moves funds from personnel to material and services.  Due to the length of time required to fill existing vacancies, the finance department is expected to end the year with personnel savings.  Financial software to aid in the preparation of the ACFR and to accurately implement new GASB pronouncement has been demoed within our department and we would like to purchase an annual subscription to help improve efficiencies surrounding our financial statement processes.

Recommended Motion:  Approve the supplemental budget resolution for fiscal year 2022-23 as outlined in the attached document. Fiscal Impact: No fiscal impact, however, there is a transfer of $35,000 from personnel to material and services.

Background: Community Corrections and KBBH have a contract for KBBH to provide residential monitoring services for Community Corrections transitional housing. This amendment extends the term of the contract for one (1) additional year, as well as sections 6 and 22 of the original agreement. 

Recommended Motion:  Approve the amendment to contract between KCCC and KBBH. Fiscal Impact: An annual expenditure of $420,000 from the Community Corrections operating funds.

Background: Community Corrections and KBBH have a contract for KBBH to provide batterer intervention services for Community Corrections justice involved individuals serving domestic violence services. This amendment extends the term of the contract for one (1) additional year, as well as amending sections 6 and 22 of the original agreement.

Recommended Motion:  Approve the amendment to contract between KCCC and KBBH. Fiscal Impact: An annual expenditure of $120,000 from the Community Corrections operating funds.

Background: Community Corrections and KBBH have a contract for KBBH to provide mentor services for Community Corrections justice involved individuals. This amendment extends the term of the contract for one (1) additional year, as well as sections 6 and 22 of the original agreement. 

Recommended Motion:  Approve the amendment to contract between KCCC and KBBH.  Fiscal Impact: An annual expenditure of $105,000 from the Community Corrections operating funds.

Background: Community Corrections and KBBH have a contract for KBBH to provide sex offender services to justice involved individuals for Community Corrections. This amendment extends the term of the contract for one (1) additional year, as well as sections 12, 6, 22, 21, 10(c), 17(b), and 18. Also adding section 24 and adding section 25 to the original agreement.

Recommended Motion:  Approve the amendment to contract between KCCC and KBBH. Fiscal Impact: An annual expenditure of $210,000 up to but not to exceed $240,000 from the Community Corrections operating funds.

Background: Klamath County wishes to enter into an MOU with the Sprague River Community Action Team permitting public access to the North Bank of the Sprague River where Sprague River Road crosses the Sprague River as shown in the attached map.  The Sprague River CAT team will be monitoring and maintaining the access.  No fiscal impact.

Recommended Motion:  Approve and sign the MOU between Klamath County Board of Commissioners and Sprague River Community Action Team for use and maintenance permitting public access to the North Bank of the Sprague River where Sprague River Road crosses the Sprague River as shown in the attached map.  No fiscal impact.

Background:  In accordance with ORS 446.646, DCBS has authority to carry out the “duties, functions and powers” of the Manufactured Structure Ownership Records program. DCBS may authorize Local Government to administer portions of the program on behalf of DCBS, including, but not limited to, processing ownership documents, recording security interests and issuing trip permits for manufactured structures. Under this Agreement, Klamath County shall function as a vendor processing applications for DCBS. 

Recommended Motion:  Approve the attached Intergovernmental Agreement No. PO-44000-00020754 between Klamath County and DCBS for 2023-2026, and authorize the Chair to sign via Adobe Sign, on behalf of Klamath County. Fiscal Impact: Estimated yearly revenue of $25,000 to the Tax Collector fund ending in 43000 (Charges for Service), Expenditure is $0.00. 

Background: In 2021 Klamath County experienced a severe and continuing drought. On March 31, 2021Governor Brown signed Executive order 21-07 declaring a State of Drought Emergency in Klamath County. That Order initiated several opportunities to assist Klamath County residents experiencing domestic well challenges resulting from the drought. The Domestic Well Grant is to provide financial assistance to the owners of domestic wells located within Klamath County who experienced challenges with their domestic well due to the 2021 drought. The following grant recipients have satisfied all grant submissions and the agreements are complete and signed by the applicants.

BARRANS, TIMOTHY & ANNE  $40,000.00

MEDEIROS, TOBY  $ 362.74

NEWBERG, ROBERT  $10,601.25

SMITH, LYLE/FREDERIC, BEVERLY $16,837.50

Recommended Motion: Approve and sign the Klamath County Domestic Well Financial Assistance Grant agreements with above recipients. Fiscal impact: $67,801.49 expenditure from the Commissioners Miscellaneous Grant Fund.

Background: In 2021 Klamath County experienced a severe and continuing drought. On March 31, 2021 Governor Brown signed Executive order 21-07 declaring a State of Drought Emergency in Klamath County. That Order initiated several opportunities to assist Klamath County residents experiencing domestic well challenges resulting from the drought. The Domestic Well Grant is to provide financial assistance to the owners of domestic wells located within Klamath County who experienced challenges with their domestic well due to the 2021 drought. The following grant recipients have satisfied all grant submissions and the agreements are complete and signed by the applicants.

WALKER; TRICIA $23,995.58

Recommended Motion: Approve and sign the Klamath County Domestic Well Financial Assistance Grant agreements with above recipients. Fiscal impact: $23,995.58 expenditure from the Commissioners Miscellaneous Grant Fund.

Background:  Klamath County has been building the ACFR and calculating GASB pronouncements in Excel and Word documents.  Finance would like to sign an annual agreement with Gravity to allow us to use a software program to assist in both of these processes.  Finance has underspent its personnel in 2022-23 due to unfilled vacancies and has the money in their budget.

Recommended Motion:  Move to approve and authorize the Finance Director to sign the attached SaaS Services Agreement between Klamath County and Gravity.  The fiscal impact is $35,000 expenditure to the Internal Service – Finance Department.  The software annual price is $22,000, however, there is a one time set up fee of $13,000.

Background:  Agreement 180017 delegates authority to Klamath County Public Health to operate public health programs in Klamath County. The agreement outlines the individual program element (PE) descriptions by which programs are operated and also outlines the Financial Assistance Award through June 30, 2024. The agreement is effective July 1, 2023 through June 30, 2025.   

Recommended Motion:  Move to approve Intergovernmental Agreement (IGA) #180017 for the Financing of Public Health Services between the State of Oregon, Oregon Health Authority (OHA), and Klamath County, acting by and through Klamath County Public Health (KCPH). Fiscal impact is grant revenue of $1,335,639.45 for FY 23/24. Authorize the Department Head to sign the agreement.

Background: The Sheriff is requesting approval to sign and enter into a grant agreement with the Oregon State Parks and Recreation Department ATV 23-35 to provide funding for dedicated Law Enforcement off-highway vehicle Patrols and Education and assist with off-highway vehicle Youth Safety Education Programs in areas within Klamath County.  The grant pays part of the cost of a patrol deputy and seasonal deputy for the purpose of rural patrol ATV enforcement and safety education.

Recommended Motion:  Approve the Sheriff to accept grant funding and sign the grant agreement in the amount $57,822 from the Oregon State Parks and Recreation Department in effect from July 1, 2023 through June 30, 2025. The grant includes County matching funds commitment of $17,077.50.  

Background: We have Klamath County departments that discuss Health Insurance Portability and Accountability Act (HIPAA) data with their clients and have this need via Zoom.  To ensure the HIPAA compliance, we need to have a Business Associate Agreement with Zoom.   The IT Director has ensured that this will meet the HIPAA compliance needs and that all Zoom data will be stored within the US.

Recommended Motion:  Allow the IT Director to sign the Business Associate Agreement with Zoom, to ensure that Klamath County remains within the HIPAA requirements to utilize Zoom with clients for business purposes.  There is no fiscal impact.

Background: Klamath County Information Technology accepted the proposal from SoftwareOne for the Microsoft Enterprise Agreement on May 16th.   We need to complete the agreement with Microsoft, as the current agreement ends 6/30/2023.  There will be a follow-up agreement with SoftwareOne in a July meeting.  The total of the Microsoft Agreement will be $138,301.68 per year for a term of 3 years.  The total cost of the 3 year term is $414,905.04. 

Recommended Motion:  The Board accepts the agreement with Microsoft.  The total fiscal impact is to be $138,301.68 per year for 3 years, with the total cost being $414,905.04.  This is to be paid from the Technology Maintenance Fund.  Allow the IT Director to sign this agreement Microsoft.  This agreement will commence on July 1, 2023.

Background:  Western Federal Lands Highway Division (WFLHD) of the Federal Highway Administration (FHWA) is making improvements to and along OR HWY 140 which will take place adjacent to the Klamath County Boat Marina (Wocus Bay Ramp). Rocky Mountain Construction, L.L.C. (RMC) is the contractor performing the improvement and needs written approval from Klamath County to utilize 7 parking spaces within the Wocus Bay Boat Marina parking lot. (RMC) will place a temporary office, portable restrooms, signage related to the project, and will utilize an area to park construction vehicles. During the project (RMC) will launch and retrieve water craft to facilitate the Contract work utilizing the (Wocus Bay Ramp). The project is scheduled for completion in September 2025, weather conditions permitting.   

Recommended Motion:  The Board approve and sign a MOA between Klamath County and Rocky Mountain, L.L.C. (RMC) to use a portion of the Klamath County Wocus Bay Boat Marina parking lot and the (Wocus Bay Ramp); and authorize the Parks Manager to sign in addition to the Board. Fiscal Impact, None.  

Background: The District Attorney's Office is currently being led by the Department of Justice, at the direction of the Governor, until there is an appointment for Klamath County District Attorney. This transition has left us with only one deputy district attorney. Our office submitted a request for proposal for Prosecution Support Services. The only proposal came from Roe Review Services. The contract period is from 6/16/23 through 6/15/24. Prosecution services include, but not limited to: mentoring deputy district attorneys, drafting of motions and responses, PowerPoints, briefs, jury instructions, research of legal issues, witness questions and cross examinations, case staffing, legal issue staffing, drafting District Attorney charging documents, drafting settlement conference memos, drafting offer letters, warrant review and discussion, drafting hearsay notices, and any other duties that are designed to support the work  of the District Attorney.

Recommended Motion: To authorize Assistant Attorney General John Casalino to sign the Contract between the Klamath County District Attorney's Office and Roe Review Services. The fiscal impact will be no more than $24,000 paid out of the DA materials and services budget.

Background: Klamath County is the recipient of grant funding from the Oregon Military Department Office of Emergency Management, Grant HMGP-DR-4432-04-F-OR “Ready Set Go Initiative” Grant Agreement #4432-04.  Klamath County Fire District 1 is willing able and ready to provide services under the grant agreement.

Recommended Motion: Approve and sign the Intergovernmental Agreement with Klamath County Fire District 1.  Fiscal Impact to be determined upon project completion.

Background: Klamath County is the recipient of grant funding from the Oregon Military Department Office of Emergency Management, Grant HMGP-DR-4432-04-F-OR “Ready Set Go Initiative” Grant Agreement #4432-04.  Chiloquin-Agency Lake Rural Fire Protection District is willing able and ready to provide services under the grant agreement.

Recommended Motion: Approve and sign the Intergovernmental Agreement with Chiloquin-Agency Lake Rural Fire Protection District.  Fiscal Impact to be determined upon project completion.

Background: Klamath County is the recipient of grant funding from the Oregon Military Department Office of Emergency Management, Grant HMGP-DR-4432-04-F-OR “Ready Set Go Initiative” Grant Agreement #4432-04.  Klamath Fire Prevention Cooperative is willing able and ready to provide services under the grant agreement.

Recommended Motion: Approve and sign the Intergovernmental Agreement with Klamath Fire Prevention Cooperative.  Fiscal Impact to be determined upon project completion.

Background: Klamath County is the recipient of grant funding from the Oregon Military Department Office of Emergency Management, Grant HMGP-DR-4432-25-F-OR “Wildland Urban Interface Assessment Project” Grant Agreement #4432-25.  Keno Rural Fire Protection District is willing able and ready to provide services under the grant agreement.

Recommended Motion: Approve and sign the Intergovernmental Agreement with Keno Rural Fire Protection District.  Fiscal Impact to be determined upon project completion. 

Background:  On February 7, 2023 the County executed a construction contract for the 2023 Stearns Corridor Roadway and Sidewalk Improvements project.  Due to right-of-way (property line) constraints, some land procurement is required to move forward with future phases of this project.  The settlement agreement in question was negotiated by the County, with a willing seller. 

Recommended Motion:  Board to approve and sign the Right-of-Way dedication of approximately 805.0 square feet of real property and authorize payment of $1,747.00 to Betty Smalley for acquisition costs.  Fiscal impact is $1,747.00 expenditure to the Public Works Operating Budget.

Background:  On February 7, 2023 the County executed a construction contract for the 2023 Stearns Corridor Roadway and Sidewalk Improvements project.  Due to right-of-way (property line) constraints, some land procurement is required to move forward with future phases of this project.  The settlement agreement in question was negotiated by the County, with a willing seller. 

Recommended Motion:  Board to approve and sign the Right-of-Way dedication of approximately 938.0 square feet of real property and authorize payment of $1,942.00 to Jody Balsiger for acquisition costs.  Fiscal impact is $1,942.00 expenditure to the Public Works Operating Budget.

Background:   This budget resolution moves funds from Material and Services to Capital Outlay due to a vehicle quote that came in higher than anticipated.  The original budget was for $32,000 and the quote was for $41,828.00.

Recommended Motion: The Library Board of Directors hereby approve the budget resolution for fiscal year 2022-2023 as outlined in the attached document for changes to the Library Service District Reserve Fund.  There is no fiscal impact, but a change in expenditure category of $9,828.00.