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.

9:08 am — Called to Order. Present were Judge Mark R. Webb and Commissioners Scott W. Myers and Boyd Britton, Secretary Mary Ferrioli, and Pastor Daniel Wiese. The Pledge of Allegiance was given to the United States flag. An opening prayer was given by Pastor Daniel Wiese.

CLAIMS. The court had reviewed and approved claims submitted by the Deputy Clerk-Bookkeeper and Extension Warrant Nos. 36 – 44 were signed. Tagged claims were to Bank of Eastern Oregon / Community Corrections over per diem and to Boyd Britton Welding, Inc. / conflict of interest.

PROGRAM. MSP: Webb/Myers — to delete Item E. at the request of the Parks & Rec District.

ANNOUNCEMENTS.

Webb planned to attend a Blue Mountains Forest Plan Revision Co-Convener meeting on November 13th in La Grande. Then he would fly to Portland with local timber industry representatives for a meeting at the Forest Service Regional Office November 14th about funding for the Thorn Salvage compromise.

Britton and Myers reported on a discouraging public meeting on the Mid- Columbia Steelhead Recovery Plan, held by the State of Oregon and NOAA Fisheries at the federal building at 6:30 pm on November 6th. Attendees included local ranchers and others who are impacted by the proposed 50-year plan that involves the entire drainage in Eastern Oregon.

9:30 am – News Reporter Scotta Callister entered.

MINUTES. MSP: Webb/Myers — to approve the November 4th Minutes as amended. MSP: Webb/ Myers — to approve the November 5th Minutes as amended

DECISION & ORDER. The court reviewed and signed Decision & Order 08-14 In the Matter of the Appeal ACC 08-01 filed by Steve and Carol Walker on the Planning Commission’s denial of application PAR 08-07 for a partition to divide a tract into two parcels of approximately 80 acres and 215 acres. The hearing on this matter took place on November 5, 2008.

COMP TIME DONATION. Pamela Fisher, who holds a federal grant-funded Domestic Violence position in the DA’s office until November 25th, asked to donate 20 hours of comp time to co-worker Teresa Cowing. The comp time would be used to assist with Cowing’s absence in November and December due to family medical needs. The Treasurer previously reported that the county allowed employees to donate comp time in the past due to medical needs, but not for a family member as in this case. It was noted that the budget impact would be at Fisher’s rate when she leaves or at Cowing’s rate if the request is granted. MSP: Webb/Myers – to allow the comp time transfer as requested, at Cowing’s rate.

CHRISTMAS PARTY. It had been suggested that Wednesday, December 17th would be a good day for the Christmas Party and the court agreed. MSP: Britton/Myers — to schedule the annual Christmas Party on Wednesday, December 17th.

FAMILY NURSE PRACTITIONER. Court members considered part time employment versus contracting Family Nurse Practitioner (FNP) Tim Neilson. It is proposed that Neilson would work five days a month at the Health Department beginning November 17th. The employee option became necessary because Neilson had been unable to secure professional liability insurance due to his high-risk job at the Washington State Penitentiary that lasts until the end next year.

Webb said he had asked Treasurer Smith to calculate FNP pay as an employee — including payroll tax and professional liability insurance — rather than at the contractor rate of $675 per day. According to Smith, the county wage scale rate would be $31.25 per hour or $36.00 her hour with PERS & medical benefits. If the daily (8 hour) contract rate is used, it would come to $625 per day, allowing $50 per day for social security and liability insurance which the county would pay. The county’s insurance agent was able to provide an application for insurance specifically for high-risk professions. Webb asked for approval to go ahead with hiring Neilson at the contract price minus payroll and associated costs. It was noted that his work hours would remain under the PERS requirement. MSP: Myers/Britton – to authorize Judge Webb to hire Tim Neilson, if necessary, rather than contract with him to provide Nurse Practitioner services. Webb pointed out that the risk we take with employment is that our insurance premiums would go up if this person causes a claim in the future. But, he felt it was worth the risk. Britton and Myers noted that the county takes on this risk every day with anybody we employ. Webb added that another individual in Bend is interested in contracting to work at the Health Department two days per month.

9:50 am – Mark Hensley and Larry Nodine entered.

EXECUTIVE SESSION. At 9:55 am the court entered Executive Session under 192.660(2)(b) to consider the dismissal or disciplining of, or to hear complaints or charges brought against a public officer, employee, staff member or individual agent. Webb recited the State Attorney General’s Sample Script to Announce the Start of Executive Session. At 10:10 am the court returned to General Session. No motions were made.

SNOW PLOWING. Roadmaster Mark Hensley and Road Supervisor Larry Nodine met with court members to discuss the winter snow plowing schedule. Hensley shared his preferred schedule in which management would fill in as needed and mechanics would be used to fill any vacancies throughout the seven-day week. Hensley said the established policy is that we don’t plow past the last residence i.e. Huddleston Snow Park and Laycock Creek. It was noted that Huddleston was contracted, but not the road up to it. Hensley thought the schedule would not compromise anything, but Sunday night and Monday may be difficult. The schedule would be posted seven days in advance as required by the union. Webb pointed out that the union contract allows the county to change the schedule for emergency purposes. Nodine felt it was good for taxpayers to have seven day coverage for snow plowing service, especially on well-traveled roads such as CR 3 and CR 63. Discussion followed about details on the proposed split shift that provides priority for school routes and flexibility where needed. Hensley said certain routes would need both truck or grader capability and people competent at both would be assigned to these routes.

When asked, Hensley explained daily start-up procedure and reported that two crew members would also be stationed at Long Creek to work five days per week with call out, if necessary.

10:20 am – Joe and Juana Intile, Dan Driscoll, Pete Johnson, Jim Gillespie and Gary Judd entered.

Hensley was asked if he has contemplated hiring another person for backup. He replied no, but $10,000 is available in a temporary employee line if necessary.

FUELMASTER AGREEMENT. Airport Manager Gary Judd recommended signature on this year’s annual Fuelmaster Fuel Maintenance System Extended Maintenance Agreement for the Grant County Regional Airport. Judd reported that the agreement is essentially the same as last year at the one time rate of $1,095. Judd reported that the system has worked well, but he would like to upgrade the unit’s input method so a standard keyboard can be used. He uses this system for billing by downloading the data directly to his computer. MSP: Myers/Webb — to authorize Judge Webb to sign the Fuel Master Maintenance System agreement.

JOINT AIRPORT TERMINAL PROJECT. Airport Manager Gary Judd presented the Connect Oregon II Grant Agreement No. 24926 for the Multimodal Transportation Fund Program – Airport Terminal Building for court signature. Previous discussion took place at the October 15th meeting, when it had been discovered the Forest Service’s $800,000 commitment was not secure. Other concerns have been about the amount and payment method for ongoing operation and maintenance costs. Treasurer Kathy Smith, who could not recommend going forward with the project, had previously submitted a list of concerns for the court’s consideration. EXHIBIT A. It was determined at that meeting that more time was needed to clarify the status of the joint project and to secure matching funds.

Today, Judd said he has received nothing new from the Forest Service. But, the county has a commitment to receive funds sometime between January and March next year. According to Malheur National Forest representative Teresa Raaf, funding for this joint project is one of two priority items for funding. Webb felt the Treasurer’s points were well-taken. He said the issue was 20% of any reimbursement request must be carried by the county. He acknowledged this is a risky endeavor because the county would be carrying financing for a period of time. However, he believed it was worth doing. Judd addressed the Treasurer’s concerns. He said 1.) funding commitment conflicts have been resolved, 2.) we could somewhat control expenditures with a 2-3 week reimbursement turn around, 3.) W&H Pacific representatives would meet with the Treasurer to define and lay out cash flow, 4.) the Forest Service would (hopefully) directly transfer the money as a 20% building purchase, 5.) operation and maintenance cost agreements are being worked on now and he expects a positive revenue stream, 6.) FAA funding does not include the terminal building, and 7.) he feels the Forest Service is a good risk as a partner in spite of the communication tangles within that large agency. Britton believed, in this case, federal funding for fire suppression has been a high priority for which funds would be forthcoming.

Judd reported that dates could be amended in the contract as needed, and the state approved some of this money for parallel taxiways on the current project. He added that recording the agreement with the Clerk would create a lien until completion, and bonding would be corrected for the contractors. Webb said it was a risk to go forward with the project, but it would be a mistake not to — so he would vote in favor. Myers felt it would be a mistake, with the state and the FAA, to let this funding opportunity pass by. Judd said it would increase the value of the facility and bonding, so there are financial benefits. Webb added that it would likely increase opportunities down the road. MSP: Britton/Webb – to authorize Judge Webb to sign any change orders necessary to reflect updated time lines and expand the scope of the project. The contract was signed by all court members.

SOUTH FORK FISH RESTORATION. Dan Driscoll, of Prairie Springs Fish Farm in Dayville, proposed a South Fork Fish Restoration Project to enhance recreation, increase tourism, and restore fishery to levels prior to 1980. Driscoll hoped to develop a long-term, low impact and low cost recreational plan through partnering with Oregon Department of Fish & Wildlife and the Bureau of Land Management to design, fund and manage the plan. He felt costs could be managed within existing budgets and manpower. Driscoll reported that the project has gained widespread support throughout the Dayville community. He had asked the court to: 1.) Request an ODF&W fish transport permit for stocking 5,000 triploid rainbow trout in the South Fork River in Spring 2009, 2.) Endorse a letter to the ODF&W Commission requesting a $7,500 annual investment for stocking, and 3.) Request review and discussion for development of a South Fork River recreational plan for river access and campgrounds.

Upon request, Driscoll agreed to compose language for the court’s proposed letter to ODF&W on behalf of the project. He added that he’s spoken to one of the ODF&W Commissioners who has been very supportive of the project. MSP: Webb/Myers – to go forward with the proposal. It was

suggested that one court member (Myers) and Driscoll be identified as a team for future contacts about the proposal.

11:30 am – Bruce Makela and Bryan Hunt entered.

VETERAN SERVICES. Veteran Services Officer Bruce Makela and Training & Employment Apprentice Bryan Hunt recommended installing a flag receptacle and an American flag for display outside the veteran services office at the Courthouse using funds from the Veteran Services Expansion Program grant. He said that all labor would be provided by his office. MSP: Webb/ Myers — to authorize the installation of a flag receptacle and American flag.

Makela proposed that work hours be increased to 80 hours per month and divided in half between Makela and Hunt. He reported that Hunt is just about done with all of his Oregon Dept of Veterans Affairs training and has been working one-on-one with clients. It was noted that a regular position needs to be created before going through the public hiring process. Makela talked about a federal agency program for non-competitive hiring of qualified and trained disabled veterans. It wasn’t known if it applies to other government agencies, so Webb asked for written information on that. Britton recommended going ahead with the public hiring process according to county policy. Makela agreed and said that was what he would like to do. Makela was asked to work with the Personnel Manager in proceeding with the job description and advertising process.

11:45 am – Brenda Percy entered.

PAY RATE ON REHIRE. The court continued discussion from the November 5th meeting. At that time, Personnel Manager Brenda Percy had presented the Planning Director’s and Assistant Planner’s response to the court’s earlier decision to grant full wages to an employee who was recently rehired. They also requested that the court establish policy on this matter. No decision was made at that time due to Judge Webb’s absence. Percy was also present for today’s discussion.

Webb didn’t think a policy change was needed, but we should make sure people understand they would return to a probation period upon rehire.

Percy explained how it would be different if the decision were made for recruitment or some other reason, without attachment to a specific individual’s request. Review of current policy determined that no language exists about employees returning to work after leaving county employment (other than post-retirement rehire).

Britton and Myers felt the court’s previous decision was a mistake. Britton believed correcting the mistake was the right thing to do. Myers suggested policy be created that states employees who are rehired will be paid at the probationary rate. Webb noted that any policy can be waived.

At Britton’s previous request, Treasurer Smith had calculated costs in case the court decides to pay the employees base wages from their hire date. The Assistant’s payment amount totaled $942.40 and the Director’s it totaled $1,834.68. Transfer from Contingency would be necessary.

MSP: Britton/Webb — to compensate the Assistant Planner and Planning Director to make them whole according to the Treasurer’s calculations. Court members acknowledged that if their second decision had been consistent with their first there wouldn’t be a problem now.

12:00 pm — Adjourned

Respectfully Submitted,

Mary R. Ferrioli

County Court Secretary