Pursuant to notice made to the newspaper of general circulation throughout Grant County, the radio station in Grant County, and to interested persons on the Grant County e-mail list, a regular meeting of the County Court was held at the County Courthouse in Canyon City OR.

9:10 am — Called to Order. Present were Judge Mark R. Webb and Commissioners Scott W. Myers and Boyd Britton, Secretary Mary Ferrioli, Pastor Andy Anderson, and Extension & 4H Service District Director Maxine Day. The Pledge of Allegiance was given to the United States flag. An opening prayer was given by Pastor Andy Anderson.

PROGRAM. MSP: Myers/Webb — to accept the program with the addition of a health services financing agreement amendment, a contract with Community Counseling Solutions, an Order designating authorized Mental Health designees, and brief discussion on a Toward-One Oregon Conference.

ANNOUNCEMENTS.

Webb reported on a Road Advisory Board meeting that he attended the evening of September 15th plus a John Day/Snake Resource Advisory Committee meeting that was all day September 16th at the federal building. Webb added that the Umatilla National Forest presented the county with a plaque commemorating the forest’s centennial and the county’s continuing support.

Britton reported on the Oregon Hunters Association meeting he was invited to attend September 16th where discussion took place about a potential land exchange proposed by Dr. Scott Campbell.

MINUTES. MSP: Webb/Myers — to approve the September 10th Minutes as amended.

TOWARD ONE OREGON. Extension & 4H Service District Director Maxine Day encouraged the court, and other eastern Oregon representatives, to attend the Toward One Oregon Conference in Salem all day November 14th. She said that up to five people could travel to the conference in the district’s vehicle that would leave the afternoon of the 13th. Webb felt that the conference was well worth attending. And, since it addresses urban-rural issues, participation by non-academic lay people and elected officials was needed. It was felt that city managers and other representatives from the eastern Oregon counties should be encouraged to attend. Day said she needs to know the exact number of attendees soon, in order to confirm lodging arrangements.

530 E. MAIN & 200 S. HUMBOLT. The court talked about initiating action plans to relocate stored items, and finishing / refinishing the interior of property located at 530 E. Main (Suites 1 & 2) and 200 S. Humbolt. The Extension & 4H Service District previously confirmed their interest in relocating to 530 E. Main. Earlier this week, representatives of Blue Mountain Hospital expressed interest in renting or purchasing 200 S. Humbolt St. for Home Health & Hospice services. Day reported that technical representatives would be here September 22nd to assess the district’s T-1 line needs at the new location.

Webb reported that the Road Dept. could cut the bank to create backfill for the east exterior wall which runs about 180 ft. Myers said the east side (Lutheran church) neighbor did not object to the use of any backfill that’s needed to insulate the east wall. This would prevent a recurrence of frozen water pipes. Some interior wall areas, used to access frozen pipes, still need repair.

Use of a 20′ x 8′ train car was proposed to store items currently located in Suites 1 & 2. The plan is to place it next to the building where a picnic table and basketball hoop are now located.

When asked, Myers said that he could take care of quotes for the tasks to be accomplished. He added that it would depend on available manpower for painting and that kind of work. Myers said painting would be done after any new interior walls are put up, and the framing, wiring, fixtures and sheetrock would be contracted out according to public contracting rules.

Webb felt the county should be responsible for completing the unfinished ceiling & floor. But, it would be up to the district to add walls and doors for individual offices that may be needed to suit their specific need. First, the district would need permission on specifics to be sure installations would not compromise the structure. It was pointed out that heating could become an issue if the room is divided up to create separate offices.

Webb said the county would go ahead and get a train car so stored items can be moved out of the building. It was understood that a lease agreement for this space needs to be worked out soon, as well as the district’s exact design need and an estimated project time line.

VETERAN SERVICES. Veteran Services Officer Bruce Makela appeared in court to introduce his apprentice, Bryan Hunt, who is temporarily working with him through the Training & Employment Consortium.

9:55 am – News Reporter Scotta Callister, Mike Montgomery, Carl Stout, Jack Glascock, Gary Bidwell, Gary Ervin, Alan Guthridge, Ben Lindley, John Lawson, Michael Keerins, and Roadmaster Mark Hensley entered.

PUBLIC HEARING. At 10:05 am court members held a public hearing on the proposed vacation of a portion of County Road 69 (Swamp Creek Lane) and all of CR 60A (Harris Ranch Road). Participants at the hearing are listed above. Webb established proper procedure for offering public testimony. Roadmaster Mark Hensley reported that a petition was received from abutting landowners asking the county to vacate approximately 12 miles of road. He said there is no written documentation from the Forest Service, but he has communicated verbally with them. The Road Department completely supported the vacation and saw no detrimental effects to the public. Webb sought clarification of a statement on the petition stating “grant of easement will not allow access to public lands except for the purpose of livestock management.” Hensley understood grant of easement will not allow for access to public lands i.e. it would restrict the motoring public unless they have a permit. Webb expressed concern that it would allow a permittee to access their allotment through private land. And, it was asked, what if the allotment changed hands? It was generally felt that access would only be allowed on an easement.

Webb asked for proponent testimony.

Britton noted for the record that he business was doing work for Mr. Bidwell and Mr. Nelson.

Michael Keerins was in favor of vacation. He added that his place was leased and that access would be provided to the leasee.

Mike Montgomery, representing the Forest Service and District Ranger Jerry Hensley, addressed an estimated º+ mile portion along CR 69 that goes through land administered by the Forest Service. He said that, if vacated, a private road Special Use Permit would need to be granted (with a $90/yr fee). However, there is very limited access to the national forest, so the Forest Service would really like to waive the fee, if their limited access were traded (by agreement) to allow some other administrative access to the forest. Montgomery said they really don’t have access from the top through Moonshine Alley or across Utley at this time. The Roadmaster said he understood an administrative easement would also allow the motoring public to use it. But, Forest Service representatives stated that was “not at all” allowed. Forest Service representative Ben Lindley explained that administrative access is specific to access only for Forest Service management activities.

John Lawson, of the Keerins Ranch, spoke with Montgomery about whether access could be at both ends, or just at one end. Montgomery thought that could be negotiated. Montgomery said that a gate would need to be installed at the point where Road 4385 comes into CR 69. It was explained that the Forest Service would not block off or barricade access to private land.

Other discussion followed about differences in state and federal jurisdiction in terms of entering private lands for fire protection purposes.

Gary Bidwell, of the Izee Ranch, asked for and received further clarification about the exact location of the easement needed for access by the Forest Service and the defining agreement. Webb suggested that the agreement include a specific statement that the private landowner would be responsible for road maintenance.

One attendee objected to the term “administrative” (access) because he thought it could be misinterpreted by the courts. Forest Service representative Allan Guthridge explained that “administrative use only,” would exclude the general public.

Gary Ervin thought the access agreement should be narrowed down to specific terms.

Britton stated that the easement is not the court’s issue, but an agreement between private landowners and the Forest Service.

Webb asked for opponent testimony. None was given.

Hensley felt easements needed to be defined during the hearing before he could recommend vacation. He said the question now is about Forest Service access. Hensley’s personal recommendation was to charge a special use permit rather than having an administrative agreement. Webb pointed out that the easement discussion was not relevant to the hearing, unless there was a specific objection to vacation. He believed the agreement would allow the Forest Service to carry on their work, just like any other landowner who needs access.

Webb believed that an administrative access agreement would be protective of Hensley’s public interest, since it disallows public access while providing access to carry on work by land managers and / or land owners.

It was clarified that the Forest Service would rather have a mutual agreement between the parties for specific access, rather than charging fees.

Britton confirmed with Gary Ervin that BLM ground is scattered through the area and is accessed through private lands. However, it does not touch the subject road.

Webb explained that the administrative access is tightly defined and would be restricted to certain individuals.

It was reported that Chris Myers would not have an interest in administrative access by the Forest Service. A displayed Grant County Road Map was viewed to clarify the location of the road.

A few participants spoke among themselves about agreeable access points for entry through the Izee Ranch.

Commissioners Myers stated that the Forest Service has been given an opportunity to file an opposition, and has not. He did not feel there is an exact opposition to vacation by the Forest Service. Myers believed that a future access agreement would not prevent the court from making a decision today. Therefore, administrative access can be worked out by agreement outside this hearing. Webb believed the group needed to work out an easement agreement before the court could move toward with a final decision on vacation. Britton suggested that the participants use the conference room to come to an agreement now with the Forest Service.

At 10:55 am – Participants left the meeting, so the hearing was postponed until they return with a mutual agreement. Robert Waltenburg and Rob Myers entered

FRONTIER TELE-NET. Rob Myers, of R. E. Myers & Associates LLC, discussed a proposal submitted by Frontier Tele-Net to place a telecommunications structure and equipment at Eagle Peak. Grant County ESD Superintendent Robert Waltenburg was present in support of the proposal. Frontier Tele-Net is a Chapter 190 organization formed between Gilliam, Sherman and Wheeler counties and North Central Education Service District to facilitate the construction and operation of a public-purpose telecommunications network in Central and Eastern Oregon serving law enforcement, emergency services, public health, education and local government over a 4,000 sq. mile area. He reported that, by the end of 2008, at least nine counties and over 23,000 sq. miles will be served by this hybrid licensed microwave, fiber-optic and unlicensed 5.8 GHz high-speed broadband network.

Myers talked about the state-wide Oregon Wireless Interoperability Network (OWIN) that was created with the intent to eliminate serious communications inadequacies at, and provide interoperability between and among, at least four major state agencies. He stated that OWIN spokespersons have publicly stated it will be at least 18-24 months before they prepare to move into Central and Eastern Oregon. Myers believed the Frontier-Net is a viable alternative to the OWIN project, which is the state’s fourth attempt to build and operate a state-wide network.

He provided background on Homeland Security funding that was received (2000 – 2005) to establish a network to create a broadband backbone and expand the system, as well as other funding and interconnections that have been formed in Morrow and Umatilla counties. Future plans include connecting Harney County. Eagle Peak is necessary to expand the system and the best location to access the Courthouse and county services. Some advantages to Grant County would include a 10 Mb service to the District Court through the Oregon Dept. of Justice, connection to interoperable communications between the Sheriff’s Office and 911 Dispatch plus other Sheriff offices in seven other counties, local government, public, private and commercial Internet access at discounted rates through Grant ESD, economic development opportunities, and new distant learning opportunities. Myers talked about other connections within the county.

Commissioner Myers asked about the size of the remote tower that would be constructed and whether the airport would be impacted. Waltenburg said it hasn’t been finalized yet but a 60 ft. tower is anticipated. It was noted there would be no negative impact to airport activities. Current rates the network has been paying and advantages available to some other entities were noted.

Myers explained that the tower would provide an open access network, to the extent that it does not interfere with the public use. He added, if a private party wanted to utilize the infrastructure then a monthly rate would be charged — part of which can go to the county.

Webb clarified that there would be no hidden costs to the county and a future option would exist to discontinue the agreement if desired.

Waltenburg said it would be a considerable cost savings to the ESD for T-1 lines if he could shift the district’s site from Aldrich Mountain to Eagle Peak.

Britton asked about backup services. Myers explained that it would depend on where the service interruption occurred on the loops. He said it is not feasible at this time to create a wireless self-healing line.

Informal consensus of the court was given to proceed.

Myers and Waltenburg were told that county land use approval is required to construct a new tower and structure for equipment. It was suggested that Myers provide the county with a sample agreement for the court’s review and consideration.

PUBLIC HEARING continued. At 11:45 am the public hearing reconvened upon the participants return with a negotiated agreement. Roadmaster Mark Hensley recommended that the county vacate CR 69 and CR A.

Webb continued further requests for proponent and opponent testimony. None were offered.

Myers said he understood the Road Advisory Board fully supports vacation. Britton reported that two individuals previously told him they oppose vacation. However, they did not attend the hearing or provide any formal input. MSP: Myers/Britton — that we approve vacation of CR 69 and CR 69A with the support of the Road Advisory Board, the Roadmaster, and 100% of the landowners.

12:00 pm – Lunch Recess. The meeting reconvened at 1:05 pm. Present were all court members, and the Court Secretary.

BUILDING MAINTENANCE / ROAD DEPT. Court members reviewed and signed a one year Building Maintenance Contract with Hoffman’s Yes We Do Cleaning for monthly cleaning of the road department facility at a cost of $5,700 — excluding carpet shampooing and window washing to keep costs down. Hoffman’s was the only bid received.

CAPITAL OUTLAY / HEALTH DEPT. Public Health Administrator John Combs has recommended acceptance of an Oregon Adult Immunization Coalition 2008 Mini Grant Award in the amount of $1,120 plus a $630 in-kind county match. Court members noted that the grant application had not come before the court for approval. Award funds would be used to purchase a new refrigerator and four weeks of local advertising about available immunizations, to comply with state regulations. The department had recommended the quote from Mosier’s Home Furnishings for a Crosley Refrigerator costing $819.95 including delivery, and provided a sample advertisement about available immunizations. MSP: Britton/Myers — to approve acceptance of the mini-grant from the state, give permission for Ms. Adams to purchase the refrigerator, and inform her that this was done outside of county policy and procedure.

GEODC BOARD. The court accepted Dana Brooks’ resignation as Grant County rep on the Greater Eastern Oregon Development Corporation Board of Directors. Economic Development Coordinator Sally Bartlett was mentioned as a possible replacement. But, since her position is partially supported by GEODC funds it might be a conflict. That matter would be investigated. MSP: Webb/Myers – to accept the resignation of Dana Brooks from the GEODC board.

HEALTH DEPT FINANCING. The court reviewed and signed Amendment No. 2 to Agreement No. 124830 Financing Public Health Services including $34,900 for the Tobacco Prevention & Education program. Webb expressed concern about accepting tobacco funding, since his recent conversation with a state representative about allowed adjustments to certain funding allocations for this program. He asked for additional time to discuss this with Treasurer Smith tomorrow. MSP: Myers/Britton — to authorize Judge Webb to sign Amendment No. 2 to Agreement No. 124830 upon receipt of answers from Treasurer Smith on his budget questions.

COMMUNITY COUNSELING SOLUTIONS. Court members reviewed and discussed a draft contract with Community Counseling Solutions effective October 1, 2008. The document recently had legal review which brought up a number of questions about the insurance amount, payment schedule, reporting, records retention and audits, and property items. Webb asked, and received, permission to send legal comments to CCS Executive Director Kimberly Lindsay for a response.

ORDER. The court reviewed and signed Order No. 08-12 Designating Individuals Authorized for Initiating Director’s Custody, as Community Counseling Solutions, Inc Executive Director Kimberly Lindsay, Local Site Manager Gary Lewis, Katy Beliveau, and Jeanette Larson.

MORROW COUNTY ATV PARK. Webb asked the court for their opinion about hunting on county property currently managed by Morrow County. He recently received a phone message from Morrow County Public Works asking for the county’s position on hunting. Webb said Morrow County was previously told the county would like to be consistent with their other policies. He thought Morrow County allowed hunting, but was requesting the availability of Grant County’s ground for a youth hunt. Webb said, according to Bisnett Insurance, City-County Insurance hasn’t gotten back to us yet about hunting, but Bisnett thinks it’s OK because CCIS also provide coverage for Morrow County. Consensus of the court was to approve the use.

1:30 pm –Adjourned

Respectfully Submitted, Mary R. Ferrioli / County Court Secretary