Monday, November 14, 2011

Accountability for Baker City's Cryptosporidium Fiasco--is the elephant still in the room?

In This Edition:
- Review and Summary of Events
- Council responses to my question , i.e.: When were you first informed that Crypto was in the water?
- Crypto Time line, from Council reports and etc.

_____

[Note, 11/17/11. Either yesterday or today, the Baker City administrators switched their website over to a new look. In the process, the archive they had available on past meetings is currently down the memory hole and all my blog links to Baker City documents that have been linked to http://www.bakercity.com will no longer work. I am in the process of uploading some Baker City documentsI had linked or intended to link in these two most recent blogs on the Cryptosporidium problem to Scribd.com. - Chris]

Review and Summary of Events with regard to Cryptosporidium and required water treatment

For a few years now, the people of Baker City, as well as our many visitors and tourists, have been led to believe that we have safe, clean, nearly pristine drinking water. The city uses the idea of clean mountain water to market our fair city to tourists, other visitors, and potential employers. The City Manager's welcoming comments on the city web site currently state:
. . . . From our snowcapped mountains and fresh water lakes and streams, to hiking and biking trails and wide variety of shopping, museums, lodging and restaurants; you will immediately understand why we are now a hot commodity.

We pride ourselves in keeping with the tradition of extraordinary livability by equally providing outstanding public services. Our water, for example, comes from a mountain watershed and is of quality and quantity incomparable to any other city in the Western United States. . . . .

Water quality, public services, and a smoothly functioning, competent city government, are attributes that are of interest to potential visitors and investors, and that affect our economic development--development that has been a primary focus of both city and county government for decades. You'd think the city would take testing for Cryptosporidium, as well as compliance with secondary treatment requirements, very seriously, so as to avoid a potential public relations disaster and to live up to the city sales pitch.

These are just some of the reasons why people were puzzled that during Council comments at last week's (Nov. 8, 2011) Council meeting, only Councilor Calder spoke about "the elephant in the room," i.e., ". . . How is it we received reports [telling the city that we had Crypto in the water] that we didn't read?"

(Some of the background on Crypto, and City Manager Kee's bombshell from the special November 1st meeting that the city should have known that Crypto has been in our water since April or May of 2010, can be found in the last blog and also here:
FRIDAY, NOVEMBER 4, 2011
Baker "Bugs:" Cryptosporidium and Elm Leaf Beetle
"

View the exchange between Councilor Calder and City Manager Kee on YouTube:
City Manager Kee interrupts Councilor Calder, evades question, and minimizes importance of staff failure to read and report.
Here are a few comments:

Calder asked a question: How is it we received reports [telling the city that we had Crypto in the water] that we didn't read?"

Mike Kee doesn't really answer the question fully. He says:
"Well we began testing in April of 2010. Our water specialist, for lack of a better word, would take the samples above where it was treated, and send those samples in. Uh, at some point, he would receive results back from those tests, Here at city hall, we would receive a bill, we would write a purchase order for the bill, and we would send it away."

He doesn't answer the question, so I sent him a follow-up the next day:

"Will you please tell me whether the "water specialist" Jake Jones read the lab results that were sent to him from the laboratory?

Also, you said you received a bill for the test at City Hall.  Did you ever receive test results forwarded from Jake Jones to you,  Michelle, or another responsible party? 

Did you folks ever receive verbal communication from Jake about the lab results?

Thanks for helping me understand this situation."

Perhaps another question should have been "Didn't public works staff call Jake Jones at least monthly to inquire about the results?"

Mike replied:
"As I said last night if you need to hold someone accountable for the delayed notification hold me accountable.  Internally we have taken steps to make sure this does not happen again and those that should be in the loop are in the loop.  We will continue moving forward with a treatment facility that will make Baker City drinking water safer."

To which I responded:
"The problem is that holding you accountable doesn't explain how and why it happened, and the public has a right to know that. They deserve an actual explanation. You have not answered a single one of my questions. Will you please do that and explain how and why it happened?"

Mike continued to cover for staff and again put the responsibility on himself:
"I appreciate your inquiry, but as I said I had not asked for the individual test results as they were completed.  Had I done that I would have reported the results in the last water quality report."

Later, I asked the City Manager:
"Are you planning any type of disciplinary action for city staff and/or other employees due to their failure to comply with the state and federal drinking water rules as they relate to crypto?
"
Mike's reply:
"Yes, Chris as I said that issue has been addressed with staff."

I can only conclude from those responses that Mike Kee, at least at the time, didn't think the citizens of Baker City have a right to know how it came to be that the people with whom they've entrusted the safety of their water supply, have failed them. Why, after such a travesty of competence, isn't the City Manager providing the transparency required for citizens to understand the situation. Where's the real accountability to the people of Baker City? Aren't public officials and their staff accountable to the public they serve?

You can be ticketed for parking your car past the time limit, or having your grass longer than ten inches, but there seems to be no penalty for gross city staff incompetence and negligence that denies people timely notice about the potentially deadly pathogens in their water. You don't even get to know how it happened or who is actually responsible. What would a food production facility or similar business where public health risks were involved do if their employees were not reading or not reporting the lab reports for serious pathogens in the food or other products they sold?

It should also be noted that while Mike Kee has assumed responsibility, he was not City Manager when the first failure in reporting occurred. Steve Bogart was the interim City Manager during the initial months of testing up until September 23, 2010, and the first failures were the lack of notification by staff to Council and the state after Crypto was first detected in April of 2010, and the lack of notification to the people in the water Consumer Confidence Report of July 2010.

Hopefully, the Council will request the state or an independent body to investigate to determine how and why it happened, and to ensure that something similar can not happen again.
_

Also during the "exchange" (monologue almost) between Councilor Calder and City Manager Kee, Kee said:
"And, you know, had we all known in April of 2010, it wouldn't have made any difference. The, there is nothing different that we would have done. We still would've, uh, you know, we still would've been moving toward building the UV treatment center and, er, facility, and we wouldn't have been able to do it until 2015. . . ."

"Nothing different that we would have done?" I seriously doubt that. Council has for sometime been urging a "go slow" approach to compliance due to their being told that there was no Crypto in the water and due to their hope that the city might be able to get a variance (waiver or exemption) from having to install secondary treatment such as filtration or UV. A good example of the misinformation and the effects of staff's alleged failure to read or report lab results concerning the presence of Crypto in the drinking water can be seen in the events of the May 25th, 2010 Council Meeting, but other examples can be found in the timeline below up through October 25, 2011.

Despite the fact that Crypto had been found, which already disqualified us from a variance, waiver or exemption from the LT2 rule, the minutes from 5/25/10 state that "Ms. Owen explained [to the Council & public] that the City can hope for a waiver. However, if any cryptosporidium is discovered, then the City will have to comply." [For more on the requirements or a variance, see May 25, 2010 in the timeline below.]

At that meeting, "Council discussed a request to approve the second task order for the LT2 Treatment Project. Ms. Owen stated that the City is now ready to enter the phase of selecting the type of UV equipment." Some on the Council were still hoping for a waiver and none of them, so far as we know, knew that Crypto had already been detected. "With Mr. Bass and Mr. Pope in favor, and Mayor Dorrah, Ms. Bonebrake, Ms. Calder and Mr. Button opposed, the motion [to approve the task order to move forward with UV water treatment] FAILED." (See 5/25/10 meeting packet & minutes)" I seriously doubt that the Council would have voted against moving forward with UV treatment had the April lab report showing Crypto was present in the water been known to them. There are more examples in the timeline and video's linked below which lend credence to the idea that the Council's ignorance about the Crypto in the water supply led them to continue to resist secondary treatment and to hope for the impossible--a variance.

For another example, see theAugust 24, 2010 meeting in the timeline below. Councilor Calder (and others) obviously did not know Crypto had been detected and still thought we had an opportunity for a variance. Councilor Beverly Calder ask questions regarding the "moving target" and general problems faced by small towns. She asks--"Is it here?" "Is there a problem with us waiting to see what happens with Portland?" Burnett responded to one question in this regard with something like " …my view is that I think these alternative disinfection methods . . . .whether it is ozone or UV rather than filtration will be OK unless something happens and you do find crypto in your watershed. . . . "

As late as October 25th of this year, CouncilorRoger Coles was asking about a variance, Mayor Dorrah was taliking about a wait and see approach, and Councilor Calder was saying""we do provide safe drinking water."

In responding to Councilor Coles, Ms. Owen does not answer the question as to where Baker City stands with respect to a variance or exemption. She has known at least since early September of 2011, and should have known since May of 2010, that we have Crypto in the water, and that the current EPA LT2 rules do not allow us to be granted an exemption due to the concentration of Crypto found in our water.

Over a long period of time, the failure of Council to get accurate information about Crypto in our water from staff, distorted and diverted the discussion from actions that should have been taken to expedite secondary treatment in order to protect people who drink Baker City water.

During the "elephant in the room" discussion at the Nov. 8 meeting, Mr. Kee also said:
We have no reason not to tell the paper that there's Cryptosporidium in the water. Uh, we just were delayed in finding out. We did find out, we delayed it even further, because I believe that we have a responsibility to find out what this means, so we can get good answers to the people, uh, you know, uh, spread the word to our citizens instead of just coming out the day we find out there's, that there's been a positive test and saying we've got Cryptosporidium and we don't know what that means, but we've got cryptosporidium. [garbled due to high volume] . . . we've got no idea. Well, during that delay, I learned more about Cryptosporidium in that month than I ever wanted to know.

Well, better late than never, I guess. Nice to know the city is finally trying to understand why they have been testing for Cryptosporidium so that they can explain the dangers and the options to Baker City citizens. Might want to speak with the experts at the Oregon Health Authority and County Health department more often and a lot sooner. Frankly though, it sounds like a pretty lame excuse for not telling the people they had Crypto for almost two months.
______

11/4/11 Council responses to my question , i.e.:
"When were you first informed by Public Works that they had received positive Cryptosporidium analysis results on Baker City water samples?"

Beverly Calder:
I was informed a week ago Thursday [October 27th it seems-Chris] by CM Kee that the report had been received and staff had called for more information.
I agreed that we needed a work session ASAP to openly discuss the results and CM Kee said he would ask the involved engineers to be available for the discussion. There is no greater urgency (as there is no immediate health danger) than the schedule we are currently on however, now that we have done our year of testing we have concrete results that will guide the continuing steps in the treatment development process.

Aletha Bonebrake:
I never heard from Public Works until last Tuesday night [Nov. 1, Special Meeting].  Mike called me either Friday or Monday and said they had found some and that we needed to let the public know right away.  . . . .

Clair Button
I was informed at the end of the County Commission-Council meeting [October 18, 2011--Chris].  Mike was already planning a public session to give full information to the public.


Roger Coles
Would have written last night but had a Bronc & Bull riding meeting, having said that, I did not know there were three positive Crypto reports until the November 1st meeting.


No other Councilor bothered to respond, so I don't know when they were told. However, their lack of a response may leave some questioning whether they knew about the positive reports of Crypto in the water supply prior to the October 25th meeting.

At the October 25th meeting, neither Kee nor Owen said anything to the Council or the public that Crypto had been found, even though they had known about the results since early September or before. No Councilor told the public that Crypto was in the water either.
______

Crypto Time line, from Council reports and etc.

2000

Requirement for addressing Cryptosporidium identified in Water Facility Plan and then more recently with the updated EPA Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) in 2006.

Spring of 2009

"The City contracted with HDR Engineering, Inc. to clarify our compliance requirements, determine available options and recommend the best alternative."

12/8/09, Tim Collins is City Manager

"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." (Staff Report for 5/25/10 meeting.)

12/8/09 Packet:
"After group discussion and teleconferencing with Mr. Black the Committee recommended that the Council proceed with Ultraviolet (UV) light treatment to comply with the LT2 requirements."


Minutes:

"The Public Works Advisory Committee met to discuss the alternative treatment options in detail on Monday, December 1, 2009. The draft minutes of that meeting are attached to this report .
. . . .
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. Baker City staff has conferred with the Portland Water Bureau staff and supports the request for consideration of a waiver. The possibility of a waiver being granted for Portland or Baker City is not likely; however, all efforts will be made to follow through with this option.

The Public Works Advisory Committee considered the fourth option of filtration in their discussions. However, after evaluating the high initial construction costs as well as the substantial increase in operations and maintenance costs, the Committee concurred that UV treatment was a better alternative. The concern over unpredictable, changing regulations as well as the possibility of new treatment technology also factored into the Committee’s recommendation for UV light treatment.
. . . .
After a brief discussion, Ms. Bonebrake made a MOTION to approve UV radiation as the method to comply with the LT2 treatment rule, authorize staff to enter into negotiations with HDR Engineering Firm for a task order to amend the existing contract, and delay execution of that task order until the Council gives further approval. The motion was seconded by Ms. Calder and with all in favor the motion was APPROVED."


April 6, 2010, Testing of Baker City water begins.

April 20, 2010, Sample taken that revealed 1 Crypto oocyst found in the 10 liter water sample, which was analyzed by Lab/Cor on April 27, 2010. Positive finding should have been reported to the state health authorities by June 10, 2010 but was not received by the state until September 2, 2011. Lab/Cor states that they sent the results to the city public works Water Plant Specialist Jake Jones within two weeks of the actual test.
Given 4 days for mail to arrive, the city should have received the results by about May 16th, 2010. Did anyone open the envelope or read the results?

May 25, 2010 Council Meeting

Portland has been seeking a variance, also known as a waiver or exemption, from the LT2 water treatment rule so that they do not have to have expensive additional treatment for their unfiltered water from the Bull Run watershed. We, like Portland, have an unfiltered water system. Some Councilors have hoped that our water is clean enough for us to get a variance or waiver too.

The rule states that:
"If an unfiltered PWS [Public Water System] could show a raw water Cryptosporidium level 3-Log lower than the Bin 1 cutoff for filtered PWSs (Ie., below 0.075 oocysts/1,OOO L), this could demonstrate that no treatment for Cryptosporidium is necessary." (LT2ESWTR, Variances and Exemptions, page 728)

This means that to get a variance on treatment, we would have to have results which conclude that the concentration of Crypto is below 0.075 oocysts/1,OOO Liters of water. So if we had only recovered 1 Crypto oocyst in all 24 monitoring events over two years (April 2010 to March, 2011), we would not be granted a variance. (1 oocyst / 240 L = 0.00417 oocyst / Liter, times 1000 = 4.17 oocysts / 1000L, = 55 times the amount of Crypto allowed for a variance.)

Despite the fact that Crypto had been found, which already disqualified us from a variance, waiver or exemption from the LT2 rule, the minutes from 5/25/10 state that "Ms. Owen explained [to the Council & public] that the City can hope for a waiver."

"Council discussed a request to approve the second task order for the LT2 Treatment Project. Ms. Owen stated that the City is now ready to enter the phase of selecting the type of UV equipment."

"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.

"Ms. Owen explained that the City can hope for a waiver. However, if any cryptosporidium is discovered, then the City will have to comply.

With Mr. Bass and Mr. Pope in favor, and Mayor Dorrah, Ms. Bonebrake, Ms. Calder and Mr. Button opposed, the motion [to approve the task order to move forward with UV water treatment] FAILED."
(See 5/25/10 packet & minutes)

July 2010 No mention in the yearly Consumer Confidence Report of Crypto being found, as is required by the rules.

8/24/10 Council OKs Mike Kee who replaces City Manager Bogart after 9/23/10.

Bill Goss & Gary Burnett, State Department of Human Services, Public Health Division, Discussion Regarding Water Treatment

Minutes:

Ms. Owen introduced Bill Goss and Gary Burnett of Department of Human Services, Drinking Water Program.

See the following YouTube Videos from this meeting:

1) Baker City Crypto-OR Health Authority-Bill Goss1 Baker City Council 082410.mp4


Bill Goss, from the Oregon Health Authority Drinking Water Program, discusses EPA and Oregon drinking water rules with regard to Cryptosporidium. Among other things, Mr. Goss explains that should a variance for surface water treatment be involved, the city would have to continue testing, and if Cryptosporidium is found, additional treatment would have to be instituted. Even though the city had been sent lab results indicating Cryptosporidium had been found in April of the same year, they apparently had not read the lab results at the time of this meeting, 4 months later.

2) Baker City Crypto-OR Health Authority-Bill Goss2 Baker City Council 082410.mp4

Bill Goss, from the Oregon Health Authority Drinking Water Program, discusses drinking EPA and Oregon drinking water rules with regard to Cryptosporidium. Mr. Goss discusses issues associated with Baker City avoiding filtration of their surface water source.

Filtration could still be required if:

-- There is a waterborne disease outbreak due to lack of filtration,

-- If the quality of the source water declines for various reasons, such as a major fire in the watershed,

-- If coliform bacteria [from the feces of humans or cattle, for example] were found in the water system,

In any case, the goal is to provide safe drinking water.

3) Baker City Crypto-OR Health Authority-Gary Burnett1 Baker City Council 082410

Gary Burnett, from the Oregon Health Authority Drinking Water Program, discusses EPA and Oregon drinking water rules with regard to Cryptosporidium and some history with regard to the Safe Drinking Water Act and Baker City water management, including increasing requirements and uncertainty in choosing treatment options.

4) Q&A1 Baker City Crypto-Gail Duman1 Q&A Baker City Council 082410

Councilor Gail Duman ask questions regarding effectiveness and cost tradeoffs between UV vs Filtration.

5) Info Q&A Baker City Crypto-Councilor Sam Bass-What do we tell the people for safety-Baker City Council 082410

Councilor Bass asks how much Cryptosporidium do we have all over the United States and if we get a positive sample, what do we need to tell the people to make it safe for them?

6) Q&A Baker City Crypto-Councilor Aletha Bonebrake-What are different options for filtration-082410

Councilor Bonebrake asks about effectiveness options for different methods of filtration and how they would deal with viruses, like Hanta virus.

7) Q&A Baker City Crypto-Councilor Button- number of oocysts found versus compliance

Councilor Button asks about details in the chart provided Council concerning concentrations of cryptosporidium oocysts with reference to raw or treated water. Goss explains that Portland (or other systems) will have to meet stringent standards. "So if they find 1 cryptosporidium in that 10,000 liters of (Portland) water it's not going to meet that standard (for an exemption). He also explains that Crypto oocysts reproduce in vivo, i.e., in the body of mammals like humans or cows, and not in the water that carries them.

8) Q&A Baker City Crypto-Bev Calder Q&A Baker City Council 082410
Councilor Calder asks--"Is it here?". . . . "Is there a problem with us waiting to see what happens with Portland?"


Councilor Beverly Calder ask questions regarding the "moving target" and general problems faced by small towns. She asks--"Is it here?" "Is there a problem with us waiting to see what happens with Portland?" Burnett responded to one question in this regard with something like " …my view is that I think these alternative disinfection methods . . . .whether it is ozone or UV rather than filtration will be OK unless something happens and you do find crypto in your watershed. . . . "

At the time, even though the city had been sent lab results indicating Cryptosporidium had been found in April of the same year in Baker City water, the city staff apparently had not read the lab results, or at least not reported them to the state or Council, at the time of this meeting, 4 months later, so the state and Council did not know that, "yes, it is here." (It was not acknowledged until September of 2011, and not reported to the public until November 1, 2011.) That fact distorted and diverted the discussion from actions that should have been taken to protect people who drink Baker City water.

9) Baker City Crypto-Owen on 2yr Extension Process-Baker City Council 082410


Public Works Director Michelle Owen spoke about talks with the state concerning a 2 year extension on installing UV treatment.

October 5, 2010 (Mike Kee is new City Manager), Sample taken that revealed 1 oocyst found in the 10 liter water sample, which was analyzed by Lab/Cor on 10/12/2010. Positive finding should have been reported to the state health authorities by December 10, 2010 but was not received by the state until September 2, 2011.

January 18, 2011 Sample taken that revealed 2 oocysts were found in the 10 liter water sample, which was analyzed by BioVir lab on 1/24/2011. Positive finding should have been reported to the state health authorities by March 10, 2010 but was not received by the state until September 2, 2011.

July 2011 No mention of Crypto being found in the yearly Consumer Confidence Report, as is required by the rules.

September 2, 2011 State gets Crypto lab reports from someone working for the city, likely either Jake Jones or Michelle Owen.

October 25, 2011 Agenda--UV Filtration Task Order

10/25/11 Roger Coles asks whether the city has explored an exemption for secondary treatment like Portland?


Councilor Roger Coles asks "So, has the city explored--it's my understanding that there's an exemption going on in Bull Run in Portland, and they are trying to get an exemption for secondary treatment--has the city explored any of that?"

Owen: "Certainly we've been following the variance request for Portland's UV request, um, a, over the last couple of years, as it looks right now, the focus that New York and Portland have had, . . . has to do with the uncovered reservoirs--that isn't pertinent to Baker City--our reservoirs . . . are covered. . . . Portland is pursuing the variance on the UV treatment as well, they submitted a request to the state in June--they are to have an answer back by December, and at this point we don't have an answer-we don't know where the state is leaning as to whether or not they will grant that, . . . ."

[Basically, Ms. Owen does not answer the question as to where Baker City stands with respect to a variance or exemption. She has known at least since early September of 2011, and should have known since May of 2010, that we have Crypto in the water, and that the current EPA LT2 rules do not allow us to be granted an exemption due to the concentration of Crypto found in our water.]

10/25/11 Dorrah & Calder Still Seem to Think Drinking Water Safe.MP4


Cryptosporidium had been detected in the water three times since April of 2010. Mike Kee, Michelle Own, and at least one Councilor were aware that it was in the water and because the water is unsafe, it would require 3log UV treatment with 99.9% effectiveness (the best UV treatment available). Seemingly unaware of the crypto in the water, Mayor Dorrah considers waiting and Councilor Calder says "we do provide safe drinking water and that we're not doing anything to compromise that by going slowly."

October 25, 2011 Minutes

While reading the minutes below, please note that at least some councilors, including Councilors Coles, Bonebrake, and Calder, were apparently still unaware that Crypto had been found in the water supply.

"Ms. Owen reviewed the staff report, explaining that this was the third task order of this project. She reminded the group that the Council had selected UV treatment as the required second form of disinfection. Ms. Owen further noted that this task order would go one step further: to select the type of equipment to be used. . . . .

Mr. Coles commented that he had heard about requests for exemption in some areas and asked if the City had explored that option. Ms. Owen responded, stating that the City had been closely following the variance request in Portland for a couple years. She commented that Portland has had to do quite a bit of testing which has cost them around $3 million just to get to the point where they could request the variance. Ms. Owen noted that no decision had been made at this point.

Mr. Coles commented that he thought, with the deadline being stretched to 2016 and a new administration coming forth, perhaps requirements and technology would change by then. He noted that for that reason he felt he could not vote for it.

Ms. Owen explained that, at the Council's request, she submitted a request for an extension to move forward slowly. She added that ordering the equipment was not part of the third task order, only the selection of the equipment was included.

Ms. Bonebrake asked if the $109,745 was part of the original budget bid document. Ms. Owen responded that there was an estimated amount in the budget, but this was actually lower than the estimate for this task number. She noted that this number was the maximum that task order three would cost. In response to another question from Ms. Bonebrake, Ms. Owen indicated that there was money left from what was budgeted for the previous task orders.

Ms. Calder asked if there was an idea of what the City inner costs would be for this project. Ms. Owen estimated that number to be approximately $2,000.

Ms. Calder asked what the timeline was for the next task order. Ms. Owen indicated that the City was not moving fast on this project and it would probably take place in the spring when the budget would be discussed.

Mayor Dorrah commented that many communities across he country would be doing this, probably by 2014. He suggested waiting to see how those other areas were handling the situation.

Mr. Kee reminded the group that the City wanted to do everything possible to provide safe water.

Ms. Bonebrake made a MOTION to approve task order number three. The motion was seconded by Mr. Bass. Ms. Calder commented that the City should do what they can to keep a good working relationship with the Department of Environmental Quality (DEQ), but noted that the City did provide safe water.

In a vote of the motion to approve task order number 3, with all in favor except Mayor Dorrah and Mr. Coles, who were opposed. the motion was APPROVED."

November 1, 2011 Special Council Meeting on Cryptosporidium

See Baker County Blog

CM Kee Reveals Crypto Had Been Found-B C Council Special Sess-110111.mp4

City Manager Mike Kee reveals that Cryptosporidium had been found in the Baker City water supply in April of 2010, October of 2010, and January of 2011. The Council and the public had previously been repeatedly assured that Crypto had not been found in our water supply.

Mike Kee introduces Susan Bland, Director of Baker County Health Department, Bill Goss, Regional Engineer of the Oregon Health Authority, and Dave Kyle, and engineer with HDR, the company helping Baker City with a design for a water treatment plant. Michelle Owen, Baker City Public Works Director is sitting between Mr. Kyle on the left, and Mr. Goss, on the right.

Mike Kee CryptoSummary-B C
". . . . We may've always had Cryptosporidium, the difference is now we know we did. Uh, and we don't know of anyone who has ever been ill in Baker City as a result of Cryptosporidium, and that hasn't changed. And so, the message we want to give to the public is if . . . [you are] at risk uh, talk to your health care provider and take appropriate risk [sic], but for the rest of us there is no real . . . worry of, of ill effects . . . to our health as a result of this Cryptosporidium. Uh, we'll continue to move forward. . . ."

Nov 7, 2011 Michelle Owen to me

I was out of the office on Friday and just now getting through emails…
I first had confirmation of the crypto hits in September-not sure of the exact day, but around the 10th or so.  I then told my boss.  I do not know the exact dates-sorry.
 
It will be reported to all local water consumers in the annual water quality, consumer confidence report next spring as required.
Michelle

11/8/11 Council Meeting

YouTube video posted above near top.

Council/Staff Comments

Calder

"I'm sorry, I'm going to talk about the elephant in the room. Michelle, I guess I'd like you to make a statement about the Cryptosporidium. As one of the members of Council who is damn mad that the federal government was going to force us to spend millions of dollars for something we didn't have to deal with, I for one, as well as many people who have contacted me, really kind of assumed that you were going to look at everything that came your way, because those tests . . . . [Calder was interrupted by City Manager Mike Kee very loudly at this point.]

Kee-

"Councilor Calder, I, go ahead and address me and I'll help you out with this."

Calder

"OK--How is it we received reports that we didn't read?"

Kee

Well we began testing in April of 2010. Our water specialist, for lack of a better word, would take the samples above where it was treated, and send those samples in. Uh, at some point, he would receive results back from those tests, Here at city hall, we would receive a bill, we would write a purchase order for the bill, and we would send it away.

Now, if we had this all to do over again would we have changed the way we did it, absolutely. We would, we would, I would do a much better job. Uh, but you know, we missed it, I missed it, and in the long run it doesn't make any difference. We, we, there's still bugs in the water and there would have been whether we knew it or not. We are going to treat the water, and we are going to try to keep people as safe as we can. And that's what I'm here for, and I think that if there is an elephant in the room, uh, what we're trying to do is, or the bottom line is, to keep people safe. And, you know, had we all known in April of 2010, it wouldn't have made any difference. The, there is nothing different that we would have done. We still would've, uh, you know, we still would've been moving toward building the UV treatment center and, er, we wouldn't have been able to do it until 2015, and as we sit here today, we know that there are days that there is Cryptosporidium in the water and there's not a lot we can do about it."

Calder

"I, I realize that--it's, it's just the transparency and the timeliness, and keeping Council informed on something that was as sensitive an issue as this. [interrupted by Kee saying "I agree, I agree", so Calder's words unintelligible.] . . . was our failing, it's not that we can hurry up the process, we're the middle of the process."

Kee

"And I just want to assure the Council, and I don't think I need to because, uh, you know, we, we've had discussions with the Council, there's nothing sinister about this--we have no reason not to tell people in Baker City that there's Cryptosporidium in the water--absolutely no reason at all. We have no reason not to tell the paper that there's Cryptosporidium in the water. Uh, we just were delayed in finding out. We did find out, we delayed it even further, because I believe that we have a responsibility to find out what this means, so we can get good answers to the people, uh, you know, uh, spread the word to our citizens instead of just coming out the day we find out there's, that there's been a positive test and saying we've got Cryptosporidium and we don't know what that means, but we've got cryptosporidium. [garbled due to high volume] . . . we've got no idea. Well, during that delay, I learned more about Cryptosporidium in that month than I ever wanted to know. And I have a pretty good idea of it that will make people sick here in Baker City, I have a really good idea of how to treat that, and, I have, you know, I am fairly positive that it's been there when I was growing up here in the 1970's. So I do understand, and I acknowledge, that uh, you know, that I should have done a better job keeping an eye on uh, you know, the testing and what was going on with that. I didn't, I apologize about that, but the fact is we've gotta move on and take care of this, and keep people as safe as we can."

Calder

"Thank you for taking responsibility."

Kee

"Sure."




October 25, 2011 Agenda--UV Filtration Task Order
October 25, 2011 Minutes

Ms. Owen reviewed the staff report, explaining that this was
the third task order of this project. She reminded the group that
the Council had selected UV treatment as the required second
form of disinfection. Ms. Owen further noted that this task order
would go one step further: to select the type of equipment to be
used.

Mr. Coles asked what exactly would the City get for
$100,000 that this task order would cost. Ms Owen explained that
it would pay for the assistance in determining the criteria
developed to select the equipment. She continued, stating that it
would help coordinate with the various state agencies to make
sure it would meet the required standards. Ms. Owen clarified that
this was a common process with wastewater, but relatively new to
water systems. She added that part of what was covered is
assistance with the bidding process as well as the financial part
such as looking at how the rates are utilized.
. . . .

Mr. Coles commented that he had heard about requests for
exemption in some areas and asked if the City had explored that
option. Ms. Owen responded, stating that the City had been
closely following the variance request in Portland for a couple
years. She commented that Portland has had to do quite a bit of
testing which has cost them around $3 million just to get to the point where they could request the variance. Ms. Owen noted that
no decision had been made at this point.

Mr. Coles commented that he thought, with the deadline
being stretched to 2016 and a new administration coming forth,
perhaps requirements and technology would change by then. He
noted that for that reason he felt he could not vote for it.

Ms. Owen explained that, at the Council's request, she
submitted a request for an extension to move forward slowly. She
added that ordering the equipment was not part of the third task
order, only the selection of the equipment was included.

Ms. Bonebrake asked if the $109,745 was part of the
original budget bid document. Ms. Owen responded that there
was an estimated amount in the budget, but this was actually lower
than the estimate for this task number. She noted that this number
was the maximum that task order three would cost.
In response to another question from Ms. Bonebrake, Ms.
Owen indicated that there was money left from what was budgeted
for the previous task orders.
Ms. Calder asked if there was an idea of what the City inner
costs would be for this project. Ms. Owen estimated that number
to be approximately $2,000.
Ms. Calder asked what the timeline was for the next task
order. Ms. Owen indicated that the City was not moving fast on
this project and it would probably take place in the spring when the
budget would be discussed.
Mayor Dorrah commented that many communities across
the country would be doing this, probably by 2014. He suggested
waiting to see how those other areas were handling the situation.
Mr. Kee reminded the group that the City wanted to do
everything possible to provide safe water.
Ms. Bonebrake made a MOTION to approve task order
number three. The motion was seconded by Mr. Bass.
Ms. Calder commented that the City should do what they
can to keep a good working relationship with the Department of
Environmental Quality (DEQ), but noted that the City did provide
safe water.

In a vote of the motion to approve task order number 3, with
all in favor except Mayor Dorrah and Mr. Coles, who were
opposed. the motion was APPROVED.

11/01/11 Special Council Meeting on Cryptosporidium

CM Kee Reveals Crypto Had Been Found-B C Council Special Sess-110111.mp4

City Manager Mike Kee reveals that Cryptosporidium had been found in the Baker City water supply in April of 2010, October of 2010, and January of 2011. The Council and the public had previously been repeatedly assured that Crypto had not been found in our water supply.
Mike Kee introduces Susan Bland, Director of Baker County Health Department, Bill Goss, Regional Engineer of the Oregon Health Authority, and Dave Kyle, and engineer with HDR, the company helping Baker City with a design for a water treatment plant. Michelle Owen, Baker City Public Works Director is sitting between Mr. Kyle on the left, and Mr. Goss, on the right.

Council responses

Beverly Calder:
I was informed a week ago Thursday [October 27th it seems] by CM Kee that the report had been received and staff had called for more information.
I agreed that we needed a work session ASAP to openly discuss the results and CM Kee said he would ask the involved
engineers to be available for the discussion. 
There is no greater urgency (as there is no immediate health danger) than the schedule we are currently on however, now
that we have done our year of testing we have concrete results that will guide the continuing steps in the treatment
development process.

ALETHA BONEBRAKE alethaboneb@msn.com to me
show details Nov 5 (4 days ago)

Hi Chris,

I never heard from Public Works until last Tuesday night [Nov. 1, Special Meeting].  Mike called me either Friday or Monday and said they had found some and that we needed to let the public know right away.  He seemed astonished and concerned and I truly don't know whether he had just read the reports or Michelle told him.  I thought the Tuesday special meeting was the appropriate response. . . . .

Clair Button cfbutton@gmail.com to me
show details Nov 4 (4 days ago)
I was informed at the end of the County Commission-Council meeting [October 18, 2011].  Mike was already planning a public session to give full information to the public.

Clair

Clair said nothing at the October25th meeting. Neither did Kee orOwen.

No other Councilor bothered to respond, so I don't know when they were told.

---11/8/11 Council Meeting

Council/Staff Comments

Calder

"I'm sorry, I'm going to talk about the elephant in the room. Michelle, I guess I'd like you to make a statement about the Cryptosporidium. As one of the members of Council who is damn mad that the federal government was going to force us to spend millions of dollars for something we didn't have to deal with, I for one, as well as many people who have contacted me, really kind of assumed that you were going to look at everything that came your way, because those tests . . . . [Calder was interrupted by City Manager Mike Kee very loudly at this point.]

Kee-

"Councilor Calder, I, go ahead and address me and I'll help you out with this."

Calder

"OK--How is it we received reports that we didn't read?"

Kee

Well we began testing in April of 2010. Our water specialist, for lack of a better word, would take the samples above where it was treated, and send those samples in. Uh, at some point, he would receive results back from those tests, Here at city hall, we would receive a bill, we would write a purchase order for the bill, and we would send it away.

Now, if we had this all to do over again would we have changed the way we did it, absolutely. We would, we would, I would do a much better job. Uh, but you know, we missed it, I missed it, and in the long run it doesn't make any difference. We, we, there's still bugs in the water and there would have been whether we knew it or not. We are going to treat the water, and we are going to try to keep people as safe as we can. And that's what I'm here for, and I think that if there is an elephant in the room, uh, what we're trying to do is, or the bottom line is, to keep people safe. And, you know, had we all known in April of 2010, it wouldn't have made any difference. The, there is nothing different that we would have done. We still would've, uh, you know, we still would've been moving toward building the UV treatment center and, er, we wouldn't have been able to do it until 2015, and as we sit here today, we know that there are days that there is Cryptosporidium in the water and there's not a lot we can do about it."

Calder

"I, I realize that--it's, it's just the transparency and the timeliness, and keeping Council informed on something that was as sensitive an issue as this. [interrupted by Kee saying "I agree, I agree", so Calder's words unintelligible.] . . . was our failing, it's not that we can hurry up the process, we're the middle of the process."

Kee

"And I just want to assure the Council, and I don't think I need to because, uh, you know, we, we've had discussions with the Council, there's nothing sinister about this--we have no reason not to tell people in Baker City that there's Cryptosporidium in the water--absolutely no reason at all. We have no reason not to tell the paper that there's Cryptosporidium in the water. Uh, we just were delayed in finding out. We did find out, we delayed it even further, because I believe that we have a responsibility to find out what this means, so we can get good answers to the people, uh, you know, uh, spread the word to our citizens instead of just coming out the day we find out there's, that there's been a positive test and saying we've got Cryptosporidium and we don't know what that means, but we've got cryptosporidium. [garbled due to high volume] . . . we've got no idea. Well, during that delay, I learned more about Cryptosporidium in that month than I ever wanted to know. And I have a pretty good idea of it that will make people sick here in Baker City, I have a really good idea of how to treat that, and, I have, you know, I am fairly positive that it's been there when I was growing up here in the 1970's. So I do understand, and I acknowledge, that uh, you know, that I should have done a better job keeping an eye on uh, you know, the testing and what was going on with that. I didn't, I apologize about that, but the fact is we've gotta move on and take care of this, and keep people as safe as we can."

Calder

"Thank you for taking responsibility."

Kee

"Sure."

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