Showing posts with label City Council. Show all posts
Showing posts with label City Council. Show all posts

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."

Tuesday, November 10, 2009

City Manager Candidates and Hiring Process

Newly obtained information added on Hulse and Johnson on 11/11/09.

While the search for a new City Manager has been going on for a few months, the citizens of Baker City have been pretty much in the dark about the people being considered. The Baker City Herald has been attempting to provide information, bless their hearts, but until their Friday article (http://www.bakercityherald.com/index2.php?option=com_content&task=view&id=79915&pop=1&page=0&Itemid=31 ), we have known little.

The Herald gave their opinion in an editorial over three weeks ago on October 14, 2009--"City should name manager finalists" (http://www.bakercityherald.com/Editorials/City-should-name-manager-finalists ).

Their opinion was "Yet although the Council, as it should, solicits the public’s opinions about all sorts of topics before councilors vote, ranging from water and sewer rates to a monthly fee to pay for new sidewalks, residents are in effect excluded from the similarly vital choice of selecting a city manager. . . . . The bottom line here is that if the choice [about whether to inform Baker City Citizens about the Candidates and finalists] comes down to either sparing a candidate a possible hassle with his or her current boss, or ensuring that Baker City residents have a chance to participate, in a limited way, in the hiring of the person who runs their city and spends their property tax dollars, we side with the residents."

Bravo! The Herald sides with an informed citizenry and a more participatory democracy!

Apparently some cities, like Menominee, Michigan, where candidate Strahl served, hold their interviews in public meetings, so it is not that there is unanimous agreement for the practice of holding them in secret, or for protecting candidates to the detriment of citizens. Further, the city of Menominee has open interviews, where the citizens are given a chance to offer questions that are moderated by the city attorney.

But until this last Friday's Herald article briefly identifying the finalists, we have heard essentially nothing.
"City Council to interview four city manager finalists next week" (http://www.bakercityherald.com/index2.php?option=com_content&task=view&id=79915&pop=1&page=0&Itemid=31 )

That’s too bad, given the glowing reports about the former city manager at the time of his hiring. We now have a short period to consider their choices, even if they are already close to making up their minds. If we remember, former city manager Brocato was hired without a lot of serious research being done. In part, much of the information seems to have been either ignored or not looked for, and in part, it is because Mr. Brocato didn’t have the kind of public record that is available for some of the current candidates.

Unfortunately, in an apparently rushed decision having only some Council input, Mayor Dorrah and City Manager Collins decided on Friday to have the “meet and greet” events described in Monday’s Herald (See “City manager applicants plan visits around Baker” at http://www.bakercityherald.com/Local-News/City-manager-applicants-plan-visits-around-Baker ).

The headline is a little misleading, as it wasn’t the candidates that did the planning. If you read the article, you will also notice that, even though the Herald printed the article on Monday, the “meet and greet” events started on Sunday. There was no schedule of events released on the city website, and the “schedule of events” was apparently “released” to only a few people. My feeling is that all interested citizens should have been invited from the get-go, and I don’t have much interest in going because such events are not likely to reveal much relevant information. Publicly announced public forums open to all citizens are a better way to get to know candidates, if people have some information about the candidates prior to the forums being held.

I am told by a person who should know that Councilor Andrew Bryan released the names to the Herald without conferring with the whole council, but if you read the article, you might see some of the names who belong to a group that Milo Pope once referred to as “the people that matter” in Baker City. Despite whatever differences I may have with Councilor Bryan, I commend him for making the information available. One wonders whether the list of invitees would have come to light if he had not informed the Herald.

I was told by one Councilor that the reason for the “meet & greet” was to have people tell the candidates why they came and how they got to Baker City, and etc. My understanding is that Dorrah communicated with Collins to get invitations out to people. (last sentence changed -clarification 11/11/09) Another Councilor this late afternoon/early evening, just prior to the Sunridge “Meet & Greet,” told me that anyone, including myself, could attend and ask them questions. The problem to me is that most people were not informed at all, or were not informed in a timely fashion, including some Councilors. (last sentence changed -clarification 11/11/09) The invitations were extended to a select few. Reasons offered were that the candidates couldn’t all be here on a single day and that it was sort of rushed and spontaneous. None-the-less, the list appears to be a bit selective, and the venues where the events are being held would normally exclude lower income people who don’t often frequent the places chosen because of financial and other issues. (Oh, that’s right, they don’t matter anyway!) The one exception is the Tuesday event at Inland Café, but the time for that one is not listed. (Why not use the public facilities available like Council Chamber, the High School, extension offices, the Armory, or the library?????) In addition to the statement in the article concerning arrangements for city staff to meet with the candidates on Monday, I am told that they were all issued invites to the Monday evening get-together at the Sunridge.

You may be well acquainted with the folks on the list (I confess, I’ve only been her a little over five years), but here is a brief run down on their positions in the community.

Guests officially invited, according to the Herald article:
City Staff: “Teresa can arrange transportation and/or facilitate meetings.”
Kathleen Chaves: Crossroads Art Center Advisory Committee, co-owner of Chaves Consulting, Inc.; ’08 Chamber of Commerce “Woman of the Year.”
Amy Dunkak: Supported recall, director of communications at St. Elizabeth’s, moved up from Chamber of Commerce (AKA Church of Commerce, or COC)
Ginger Savage: Chair of BAKER SCHOOL DISTRICT 5J; Crossroads; Chamber of Commerce supporter; Formerly of US Bank.
Mary Jo Carpenter: Heads up what may be the most valuable Baker City enterprise--Community Connection
Karen Yeakley: County resident, former mayor of Baker City
Karen Woolard: 1992 Chamber of Commerce “Woman of the Year’ award, Former city employee and city manager
Sheryl Blankenship: Former Oregon “Optometrist of the Year,” Former Baker County “Woman of the Year,” and former board member of the Chamber of Commerce.
Larry Pearson: Former Mayor of Baker City
Joe and Sharon Rudi: Broker/Realtors/Developers, Baker City Planning Commission; Son Mike: Chairmanships--Baker City Planning Commission, Chamber of Commerce, Transient Lodging Tax Committee
Fred Warner: County Commissioner, and more.
Jerry Peacock: Baker High School Principal
Peggi Timm: Committee to Defeat the Inappropriate Recalls, former Councilor; Led effort to create OTEC; former member DNC.
Troy Woydziak: Owner of Baker Aircraft. Flight instructor; Manager, Baker City Municipal Airport; has been on Airport Commission.
Brian Olson: HBC Business of the Year, 2009, CLARK & COMPANY HOME
Matthew Clark: HBC Business of the Year, 2009, CLARK & COMPANY HOME
Ann Mehaffy: Program Director, Historic Baker City (HBC); Currently on Board of Directors, Crossroads Art Center; Class of ’64, Verde Valley High School in Sedona, AZ.
Brian Olson: Again
Debi Bainter: Executive Director, Baker County Chamber of Commerce
Mayor Dennis Dorrah (and of course other Councilors)
Dr. Charles Hofmann: former Mayor
Peggi Timm: Again
Fred Warner: Again
Francis Langrell: Daughter of Rich Langrell. He is the former Councilor who is on the Board of the Baker County Chamber of Commerce.
Mike Nelson: Owner/broker of Nelson Real Estate, Commissioner, Oregon Transportation Commission and a Democratic Party political operator.
Troy Woydziak: Again
Brian Olson: Again!!!!
Matthew Clark: Again
spouses, partners and guests of invited guests

If one take’s a look at the list, and assumes that many of the people that Mr. Pope refers to as “the people that matter” are there, then one begins to understand what Bill Moyers was getting at on his TV show “Bill Moyers Journal” a year or so back, when he said: “We appear to have a government run by remote control from the . . . Chamber of Commerce . . . . To hell with everyone else.”

For the record and your review:

Elitism is defined by the Free Online Dictionary as:
1. The belief that certain persons or members of certain classes or groups deserve favored treatment by virtue of their perceived superiority, as in intellect, social status, or financial resources.
2.
a. The sense of entitlement enjoyed by such a group or class.
b. Control, rule, or domination by such a group or class.

Oligarchy is defined by the Free Online Dictionary as:
1.
a. Government by a few, especially by a small faction of persons or families.
b. Those making up such a government.
2. A state governed by a few persons.

Plutocracy is defined by the Free Online Dictionary as:
1. Government by the wealthy.
2. A wealthy class that controls a government.
3. A government or state in which the wealthy rule.

Democracy is defined by the same source as:
1. Government by the people, exercised either directly or through elected representatives.
2. A political or social unit that has such a government.
3. The common people, considered as the primary source of political power.
4. Majority rule.
5. The principles of social equality and respect for the individual within a community.

Information About the City Manager Candidates:

So, with limited information available from the Council, the Baker County Blog, with a little help from contributors, has compiled web links and other information, in what is admittedly an incomplete and insufficient record, to help provide Baker City residents with at least some information about the four finalists. Because of the lack of information--the incomplete names, little history on the former positions held by some of the finalists--it has not been easy to gather information on all of them. Unfortunately, in a way, those candidates with more experience as a city manager have more information publicly available on Google. Additionally, because City Managers are usually in a tenuous and insecure position, subject to changing political winds, and because they are easily used as fall guys for poor Council decisions, they tend to get terminated a lot-- every two to five years. One article I read put it this way: “There’re two types — those who have been fired or those who will be fired. That’s the nature of this
Game.” (See Sharon PA Herald: http://www.sharon-herald.com/local/local_story_299220343.html )

On the other hand, those who serve in less political positions, may not suffer from the same inherent professional malady, so their record may look better, independent of how well they do. Also, unless you can afford to purchase LexisNexis, or other sources of information, it is more difficult to find information over about 8-9 years old.

It is apparent then, at least to me, that some are at a disadvantage, because more potentially damaging or negative information is likely to turn up on Mr. Patrick and Mr. Strahl, because both served previously as city managers. Mr. Patrick appears to suffer the disadvantage to the greater degree. Those who have not actually served as city managers, i.e., Hulse and Johnson, will likely not have the search exposure of those that do, so one is still left to wonder who they are, given the lack of transparency of the current process. If anything, it gives one a healthy respect for the difficulty of knowing everything one might want to reasonably know about a candidate.

This is what we have found out in an admittedly brief period. More will likely become available if the council decides to release adequate information, which they might do tonight (11/10/09) at the Council meeting. Of course, I would not advise anyone to make decisions solely on the information provided below, and I’m sure you wouldn’t, but I hope that if the Council does not already have it, that they will consider the information in making their decision. It is provided primarily to inform residents of information that has been, thus far, hard for them to come by. You can find more information by using Google or other search engines, and by searching the newspapers whose links have been provided.

Jim Patrick

Jim Patrick was the city manager of Kalispell, Montana, population estimated to be over 17,000. As I mentioned earlier, one of the hurdles Mr. Patrick has, that most of the others do not, is that there is a lot of information available. For example, “Jim Patrick City Manager Kalispell” returns perhaps fewer, but much more specific hits to investigate, than Tim Johnson, Portland or San Diego, where he was reported to have worked for some time as an assistant to the city manager. Patrick has also been applying for a lot of city manager jobs so there are numerous newspaper articles to be found.

Patrick Resumes

Storm Lake City Manager Finalists: Meet the Candidates. Mon., Nov. 9, 2009
http://www.stormlakepilottribune.com/story/1585575.html

* Jim Patrick has served as the City Manager for Kalispell, MT; Vermillion, SD; Plum, PA, Lebanon, OH and New London, WI. Patrick graduated from Wheaten College in Illinois with a degree in Biology. He entered the army after college and retired after 20 years as a Lieutenant Colonel, towards the end of the military career he worked with base operations and base management. After retiring he said it was a natural fit to get into city management.

During his tenure he says the town grew at about six percent a year. The biggest challenge for the City of Kalispel (Sic) was keeping up with the growth and helping the infrastructure grow. The town is a tourist town and sees about 1.8 million tourists a year, he says. The City kept busy trying to keep up with the tourists and accomodating (sic) their needs. "A lot of retail came to the area," he says.

Patrick says he has a very open personality and works well with community and staff and likes to partner with neighbors and the community to get the job done. He says he sees a lot of similarities between the City of Kalispell and CIty of Storm Lake. "The community (of SL) seems to want to grow. Storm Lake is doing a lot of really neat things and is really progressive, it'd be nice to be part of that," he says. Patrick says he really likes the quality of life and the values of the midwest states.
He and his wife Anita have five children.

You can find an earlier resume for Mr. Patrick (photo included), when he had just started working for the city of Kalispell in the following article:
Jim Patrick — Kalispell’s New City Manager (Jan. '05)
http://www.kalispell.com/downloads/newsletter/Vol2Iss4.pdf

While the earlier resume states above that “Patrick says he has a very open personality and works well with community and staff", the next article explains how his stint as Kalispell City Manager ended, and raises some possible red flags.

"Since Patrick took the helm in Kalispell, the city has experienced "phenomenal growth," both in terms of population and business, Kalispell Chamber of Commerce President Joe Unterreiner said.
"Probably the last five-year period has been the highest-growth period perhaps in the entire history of the city," Unterreiner said. "That brings with it both benefits and challenges
."

Also, déjà vu?:

"Patrick has been present at closed meetings on transportation impact fees - meetings that, because they are of public significance, should have been open to the public, Flowers said.
"It's very important that the city have a city manager who works well with the public," she said. "We look forward to an open-door, friendly policy with a new city manager.
"

See Kalispell council, mayor fire city manager:
http://www.dailyinterlake.com/news/local_montana/article_d3959f58-7215-50d0-98a0-a9da1e447cf7.html?mode=print

Another local paper, The Flathead Beacon, has run several articles about Kalispell's problems and Patrick's removal. In an October 17, 2008 article, they had this to say about the termination:

"While Patrick has presided over enormous economic growth and development in his four years as city manager, over the last year and a half he has also had to deal with a number of tough issues, including: moving the city government into a new facility after a renovation project that ran significantly over budget; bitter aggravation in the city fire department between the firefighters' union and former chief Randy Brodehl prior to Brodehl's eventual departure; a city budget shortfall for the current fiscal year that resulted in the elimination of several city positions; acrimonious negotiations with the city employees union over an employment contract that led to picketing outside city hall last year by union members; and difficulty implementing transportation impact fees amid the strenuous objections of Kalispell's business community."
See Breaking News: Kalispell City Manager Fired:
http://www.flatheadbeacon.com/articles/article/kalispell_city_manager_fired/6126/

One Kalispell respondent to my inquiries, who has been an observer to Kalispell government processes during Mr. Patrick's tenure, said that some of the problems were:

"it appears his problems here stemmed from poor communication between him and the city council / city staff, and a sense that he had the right to make decisions to spend city money without consulting the council,

- Overruns in the fire department budget came on his watch. Apparently firefighters who were unhappy with their pay started taking advantage of a provision that allowed them to put in overtime at will, and it basically bankrupted that budget.

- He also made agreements with local artists and a bronze-casting studio for four wildlife statues at Kalispell's primary intersection (U.S. 2 and U.S. 93). One was completed and still is stored in an unused hangar at the city airport. I'm pretty sure that artist has been fully paid. No others have been finished, but I don't know if they received any advance money. None of the statues has been erected at the intersection.

- The city went through a building boom during 2005, '06, '07 and ended up with a pretty healthy budget. But a $1.5 million cash reserve in the FY2007 general fund in 2007 evaporated to what initially was projected to be $130,000. That happened under Mr. Patrick's watch. It now stands to end 2009-10 at $309,000 because the interim city manager and council put in a hiring freeze and drastically cut department budgets.
."

A "non-partisan" business oriented organization also raised questions regarding the handling of the remodeling of the building the city had purchased for a new city hall. Due to significant cost overruns for the remodel amounting, according to press reports, to between $400,000 and $500,000 dollars, the city ended up having to arrange a lease/purchase agreement with an out of state financial firm. The agreement turned over actual control of city hall to the out of state firm, but sources indicate that the city will once-again own the building in 20 years if the contract is fulfilled according to plan. Similar criticisms were levied against the former Mayor in the recent Mayoral election campaign that was won by a lawyer and representative of many business interests.

Regarding the city hall remodel, an article in the Flathead Beacon from March of 2008, not to long before he was terminated, stated: “The project’s current price tag, roughly $1.7 million, is $500,000 more than Oswood’s original contract and double the original estimate, which Oswood called “overly optimistic.

See: Construction ‘Crisis’ Inflates Price Tags
http://www.flatheadbeacon.com/main/print/construction_crisis_inflates_price_tags/

Someone close to and well acquainted with the process in Kalispell told me that they “Probably wouldn’t hire him again because he laid back too much” when certain things needed to be taken care of more quickly. One example given was that the Fire Chief didn’t get along well with some local people as well as some around the state, and that the Council had to ask Patrick to fire the Chief because Patrick laid back and wouldn’t do it on his own. It was also noted that the newly elected Mayor blew some of the issues facing the city out of proportion during her campaign and that nothing “underhanded” was done by Mr. Patrick. An important issue seemed to be that Mr. Patrick “didn’t keep the Council in the loop,” but not intentionally. It was apparently his style that got him into trouble.

As for the depletion of the budget during Patrick’s tenure, the source said that part of the problem was that the economy turned bad in the last part of his relationship with the city. He was said to be “honest” but “got caught up in things that were beyond his control.”

One example given was that the lead architect died in the middle of the remodel for city hall, so change orders were implemented by the new project leader that would not have been implemented if the original architect had not passed away.

Patrick’s final salary was $93,000 plus $400/mo vehicle allowance. His severance package amounted to about $75,000. (http://www.flatheadbeacon.com/articles/article/kalispells_severance_strains/7224/)

Eric Strahl

Strahl, like many city managers, including Patrick, had been asked to leave his position in Menominee, Michigan, a town of about 9,000 people. For story and photo, see: Strahl out as city manager, 4/17/09, http://ehextra.com/main.asp?Search=1&ArticleID=4594&SectionID=12&SubSectionID=35&S=1

also:
http://ehextra.com/main.asp?Search=1&ArticleID=5812&SectionID=12&SubSectionID=35&S=1

In the article about his termination, no substantive reasons were given for his termination. A person I spoke with in Menominee, who follows city politics fairly closely, stated that they never had heard or experienced anything with or about Eric that would have raised a red flag, but that due to closed sessions the council held regarding the termination, the specific reasons for it remain secret. In contrast to charges made about our former city manager, the source indicated that it wasn't because he had difficulties in his relationships with citizens or had any openness issues. He was described as open, accessible, polite, professional, and as a person who doesn't dodge questions--whether from the Council or the public. According to the article:

"[Mayor] Krah said he has worked closely with Strahl since he was hired in June of 2006. 'I think we had a good relationship,' he said. 'There were things that it just didn't seem we could get on the same page as a council and as a manager. Those things were discussed in his reviews. I think it's just as well those things stay there. Overall it was just time for a change.'"

Not everyone was in agreement. Council members Don Hudon, Don Mick, Ernie Pintarelli and Arnie Organ were opposed to letting Strahl go.

"We have no cause to get rid of him," said Organ. "He's done the job, he's balanced the budget every year. The one major thing he's done is he's cut our medical costs way down. And he's eliminated personnel and still runs the city." The decision required just a majority vote.

In a prepared written statement Strahl said, 'Throughout these discussions the employment relationship has remained cordial and professional and will continue to remain so...
'".

Mr. Strahl did not sue the city. He made $74,970 a year and was given six months salary and benefits after termination. My view, from the information gathered, is that Mr. Strahl is the antithesis of Baker City’s former city manager because he let the Council lead and he just implemented their policy (source: “he followed Council’s decisions” and he was accessible and polite to all—both business interests and common citizens.

My assessment: Not flashy, no "Rock Star," not an “economic developer," not an overly assertive personality, just a professional public servant who knows his job , balances budgets, and does what the Council wants him to do, despite what he might think personally.

Clarence Hulse

I was unable during the last few days to accumulate much information about Mr. Hulse. The following article provides some information from May, 2001, with a photograph.

As the article states, he was then the new Assistant City Manager of Cocoa, Florida. He, like two other candidates, has an economic development background, and in 1988, he moved from Belize, South America, to the U.S. For a resume at that time, see: A Warm Welcome to Cocoa’s New Assistant City Manager, p. 2 at http://fl-cocoa2.civicplus.com/DocumentView.aspx?DID=107.

He graduated Magna Cum Laude (“with great honor”) with a B.A. in Public Administration from Harding University. He has a masters in Economic Development from the University of Southern Mississippi as well. He was the national 1999 recipient of the prestigious “Outstanding New Developer of the Year” Award presented by the American Economic Development Council.”

New information received after the original article was posted states that Mr. Hulse was business development manager for Pinellas County, FL from 1994 to 2000 and was deputy city manager of Cocoa, FL, where he managed more than 400 employees, from 2000 to 2004. (Added 11/11/09)

His business contact page is here: http://resources.imreintel.com/emails/fiberon/2008_show_list.xls

It is pretty extensive and shows that his interest is definitely in the business world.

A search on Belize Real Estate Development Group, LLC, with which he is said to be associated, turns up:
"Incorporated by Clarence L Hulse, Belize Real Estate Development Group, LLC is located at 11558 Thurston Way Orlando, FL 32837. Belize Real Estate Development Group, LLC was incorporated on Friday, June 08, 2007 in the State of FL and is currently active. Dwight Hulse represents Belize Real Estate Development Group, LLC as their registered agent." See: http://www.corporationwiki.com/Florida/Orlando/belize-real-estate-development-group-llc-5173855.aspx

It also turns up the pages of Hulse Apartments, in Belize, (http://hulseapartments.yolasite.com/ ) and many pages concerning real estate and resort investors.

He is also associated with Belize Real Estate Development Group, LLC:
"Incorporated by Clarence L Hulse, Belize Real Estate Development Group, LLC is located at 11558 Thurston Way Orlando, FL 32837. Belize Real Estate Development Group, LLC was incorporated on Friday, June 08, 2007 in the State of FL and is currently active. Dwight Hulse represents Belize Real Estate Development Group, LLC as their registered agent." See: http://www.corporationwiki.com/Florida/Orlando/belize-real-estate-development-group-llc-5173855.aspx


It appears that Mr. Hulse, like candidates Johnson and Patrick, would fit right in with the Chamber of Commerce and development interests. (Changed--new info 11/11/09)

Timothy Johnson

Initially, it was difficult to get any information about Tim Johnson, because the information released by the Herald simply said, “Timothy Johnson of Portland,” and “Johnson is a consultant and assistant to the city manager of San Diego.” San Diego is estimated to have a population of around 1.3 million people.

Well, the job in San Diego was prior to sometime in 1999, when he went to work for the Yuba-Sutter Economic Development Corporation (YSEDC) in Yuba City, California, several miles north of Sacramento. Yuba City is estimated to have a population of around 43,000. Johnson was in the Yuba City area during a period of increasing population growth and median income, but, there are many factors involved in that growth, as it occurred during the economic/housing bubble.

Information on his tenure in San Diego prior to mid 1999 is difficult to find although it may yet turn up. From 1999 to December 29, 2006, he worked as Executive Director of the development corporation. According to what information I have been able to turn up, he decided for his own reasons to leave that position.

See: Johnson to find own replacement, http://www.appeal-democrat.com/common/printer/view.php?db=marysville&id=7350

New information I just received fills in some of the blanks prior to 1999. Mr. Johnson received a BA in economics and business at the University of Oregon and Portland State University and did post-graduate work in economics and international affairs at Stanford University.

I was told that from 1983 to 1986 he also served as Executive Director of Bend Incorporated, "the original program to redevelop Bend when it was on it's knees with 23% unemployment,[but] he is the first to say that they 'lost the vision', lost their authenticity and sold their soul to big box development."

Additionally, from 1998 to 1994, he was the Director of Economic Development for the city of Sacramento, California, where he "establish a sustainable economies agenda, and used 'smart growth' polices to preserve and enhance the neighborhoods / commercial districts." (Last three paragraphs added 11/11/09--New info)

Thus far, all indications are that he is a bright and competent economic development specialist, so he will join a growing crowd of this sort, perhaps the most experienced in Baker County, if he is hired. (I wonder if he would have applied for Andrew Bryan’s job, if it had actually been put out to bid.)

A person who had a working relationship with Mr. Johnson during the time he was there, confirmed to me today that Johnson, with others, helped attract the Global Hawk project, an emerging manufacturing autonomous remotely controlled technology to the Yuba-Sutter area in the mid 1990’s.

See: Building on Beale victory, http://www.bakercityherald.com/index2.php?option=com_content&task=view&id=79915&pop=1&page=0&Itemid=31

My source also said that the Mr. Johnson helped with the attempt to develop the California Innovation Center Initiative of Beale Air Force Base, which is still partnering with Yuba County to bring the initiative to fruition. The source indicated that Mr. Johnson has a house in Elk Grove, California, and has been a consultant in the area after he left YSEDC. The 35 member multi-jurisdictional board of YSEDC was said to appreciate his leadership. In common with our former city manager, the commenter said that “He has a very strong personality, and if you can live with a very strong personality, he’s your guy.”

(Clarification & Editorial Comment --no shortage of the latter here, 11-11-09) Living with a strong personality can be a good thing or a bad thing, depending upon what you would like to accomplish. If, for example, your goal is to tame a strong-willed city administrative staff and employee unions, an equally strong, intellectually talented personality in the city manager, might be just what the doctor ordered, to the extent that the city manager kept those attributes in line with the wishes of the Council, which hopefully is doing things in the best interests of, and in accord with the desires of, the citizens. On the other hand, a more accommodating personality might be run over by the will of city staff. One of the problems we face in our city administration is that "term limits" for Council members often gives the advantage in administrative experience to city administrators, because the elected representatives are changing so often, with steep learning curves for the uninitiated. Staff can then use their experience, even if unintended, to control the agenda, out-maneuver, or in some cases, "hoodwink" the Council, as I personally think has been done far to often here in Baker City.

Conclusion:

City Council will chose someone that they think will fulfill their agenda, which for the most part, is an economic development agenda. There are many in Baker City, not particularly well represented, who, although they would like to see some limited growth, think that economic development promoters are but another name for snake oil salesmen. For me, my fear is that they will be too successful, and all of the benefits we now enjoy with our quality of life here in Baker City will be destroyed. If I was a little more disappointed and vindictive, I might tell the growth folks “May you find what you are looking for.”

Sunday, June 14, 2009

Now That The Shoe Is On The Other Foot . . . .

Now that the shoe is on the other foot, four councilors and their supporters have been treated to much whining and gnashing of teeth by Brocato supporters. Many complaints center around the process by which Mr. Brocato was removed, citing a lack of public input and that the action surprised some with it's suddenness. The Baker City Herald picked up on the theme, first brought up at Tuesday's Council meeting by Brocato patrons, in Friday's editorial, "Council didn't quite make its case." See http://www.bakercityherald.com/Editorials/Council-didn-t-quite-make-its-case

While the Herald acknowledges that the Council, by majority vote, "can fire the city manager any time and for any reason, or for no reason at all" their Editorial Board stated that "The four councilors should have told Brocato on May 26 that if he didn’t substantially improve in the areas where his ratings were lowest, and within a reasonable time — two months, say — then he could expect the Council to consider a motion to fire him."

I'm a bit of a process freak myself, so I'm not going to say its a bad suggestion for a Council to consider, but neither I, the Herald Editorial Board, nor a group of disgruntled employees and other patrons, happen to have been elected to make the hard decisions for Baker City--the Council was.

Assuming for a moment that public input, warnings and giving time for an employee to improve their performance are worthy standards to be followed in such matters, why not inquire as to how Mr. Brocato himself, and earlier Councils have measured up to those standards?

As for public input, Mr. Brocato has been the individual most often involved in denying input from members of the public who disagree with him. The Vicky Valenzuela incident comes rapidly to mind, but there are many others. One is the way he denied help and representation to Ron Calder at the May 26th Council Meeting. Recently in fact, one might think that the ex-City Manager invented the phrase "Point of Order, Mr. Mayor" due to the number of times he has used it to deny public input at Council Meetings.

And what about firings without warning?

You may remember the sudden firing of both City Attorney David Fine and City Planner Evan McKenzie by then City Manager Brocato. Here is how the Herald described the situation in their article "City loses two more administrators" from September 25, 2007. (http://www.bakercityherald.com/Local-News/City-loses-two-more-administrators):

"Brocato, in an e-mail Monday, announced that he fired Planning Director Evan MacKenzie and City Attorney David Fine on Friday.

Brocato declined to say why he terminated the two, although he said there was no specific incident that led to either MacKenzie's or Fine's termination.

"This is a personnel matter, I can't really talk about it," Brocato said.
"

The article also mentions that "Troy Phillips, the economic development coordinator for Baker City and Baker County, resigned" at Mr. Brocato's urging just a month earlier. Mr. Brocato's explanation, in one of his famously mysterious moments: "My style is moving in a different place than Troy's circumstances." I see.

The Case Of Mr. Zimmerman

To the best of my knowledge, the last City Manager, prior to Mr. Brocato, who was actually asked to resign/fired was Gordon Zimmerman. In any event, Jayson Jacoby wrote an article about the firing on March 12, 2003. See "Council forces city manager out" http://www.bakercityherald.com/Local-News/Council-forces-city-manager-out

On the element of surprise, Mr. Jaycoby wrote: "It started as a routine Tuesday for Baker City Manager Gordon Zimmerman, but before noon his 4 1/2-year tenure, to his surprise, had ended. . . . . Tuesday's announcement shocked city officials."

He had been at one point, a few years earlier, placed on probation, but as his evaluations were continually improving, there may not have appeared to be any reason to suspect an imminent change in employment status. The article states, in contrast to specific reasons cited by some members of the current Council in Brocato's case, that "Ellingson declined to list specific reasons why the council sought to replace Zimmerman."

While the article states that Ellingson discussed the matter individually with Councilors at the time, there is no indication that anyone thought it proper to sue the Council for violating the public meeting law, as Milo Pope and others seem to think it is in this case.

Contrasting again with the Brocato case, Zimmerman, however, was gracious in accepting the request for resignation: "When the council says it's time to go, it's time to go," he said. "There comes a time when the council wants to choose their own man." (ibid)

So while the standards cited may be reasonable, it is clear that Mr. Brocato has not, in important cases, seen fit to rise to them, and neither has the City. I guess that's the way democracy works here, even when the shoe is on the other foot.

More Video and Information on Brocato Firing

Councilor Bonebrake Responds to Milo Pope
In this video, Councilor Aletha Bonebrake responds here to wild statements, threats and intimidation issued by Councilor Pope. Mr. Pope had previously gone through a long list of complaints and alleged violations of statutes related to four of our City Councilors voting to remove City Manager Brocato.

"There was no public meeting.... it doesn't matter how many statutes you cite."

"We did not vote to retain Mr. Brocato--we simply voted to accept the evaluation."

"Mr. Brocato ... is very defensive and will not really receive information nor permit people to impart information."

"Its really inappropriate to be forced by word and action to move more quickly on a topic than we are ready to do--we are after all, the policy group for the City, and policy is our job."

"Even today, as we went into Mr. Brocato's office, . . . the first thing that happened was that we were berated . . . without even finding out why we were there. This is the nature of the dysfunction of Council and City relationship."

"I find it next to impossible to do the job I was elected to do with the stonewalling that I receive in trying to simply to get information and ask questions."

Councilor Bonebrake Responds to Milo Pope


Bryan Suggests Successful Councilors "Incompetent" etc. -- Pot Calling Kettle Black?
Councilor Andrew Bryan berates Council--Appears to Violate City Ordinance 3407.



Councilor Calder Responds to Andrew Bryan
In this video, Beverly Calder reminds the Council that City Ordinance 3407 requires that Counciors treat the public and each other with respect after Andrew Bryan announces that the Council is "incompetent" and etc. She also reminds Andrew that three of the sitting Councilors have over four years under their belts.

Interesting also that Mr Bryan would use the word incompetent with reference to successful business people and a woman who is largely credited as being the driving force behind the creation of the Baker County Library, and who was its director during the time it developed into a greatly valued public institution. While not the only way to establish competence, being able to run successful businesses for several years, as well as being able to establish and run a County library, certainly shows that a person is competent enough to be a Councilor. It is also worth noting, that both Beverly Calder and Aletha Bonebrake were the top vote-getters in their respective runs for office.

Councilor Calder Responds to Andrew Bryan