County Court Minutes 11-27-13

Published 4:00 pm Tuesday, December 3, 2013

IN THE COUNTY COURT OF THE STATE OF OREGON

IN AND FOR THE COUNTY OF GRANT

NOVEMBER 27, 2013

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

9:00 am — Call to Order. Present were Judge Scott W. Myers, Commissioners Boyd Britton, Secretary Mary Ferrioli, George Meredith and Gary Cockrell representing the Living Word Church. Commission Chris B. Labhart is out of state this week visiting family. A Pledge of Allegiance was given to the US flag.

AGENDA. MSP: Britton/Myers — to accept the agenda as presented

ANNOUNCEMENTS.

Britton participated in a well attended Southeast Regional Alliance / Area Commission on Transportation meeting in Ontario on Monday where a super load presentation by Omega Morgan was made. He also attended Farm Bureau and Stock Grower meetings last week.

Myers and Labhart had attended the AOC Annual Conference in Eugene last week and the Oregon Parks Commission meeting in Corvallis last Wednesday. Myers attended a GREAT meeting at the Economic Development office Monday evening and a local Omega Morgan meeting the previous Monday.

CLAIMS. Last Wednesday, in the absence of Myers and Labhart, Commissioner Britton reviewed and approved claims and Extension District Warrant Nos. 71 78. Myers signed the Planning Departments change (petty cash) claim for $100, yesterday.

CONNECT OREGON V. Since the last meeting, the court separately agreed to approve the 2013-2014 Oregon Department of Transportation Connect Oregon V Program Application for a $20,000.00 grant to complete the Airport Master Plan as required by the FFA. This application was due November 25 and had been mentioned during the November 13 meeting.

MINUTES. MSP: Myers/Britton — to approve the November 13 minutes as amended.

PUBLIC COMMENT. The public was given an opportunity for comment, but none was offered.

9:20 am News Reporter Scotta Callister entered

BUILDING CODES. The court reviewed and signed a Partnership Agreement between Oregon Consumer and Business Services / Building Codes Division and Grant County to perform and coordinate building official services, consultation services, customized inspection training services, technology to improve efficiency, plus sharing building inspection and plan review services. The agreement came with the recommendation of Planning Director Hilary McNary, to become effective December 1, 2013.

RESOLUTION. Myers recited Resolution 13-49 Appropriating Unexpected Grant Funds, in the amount of $50,000.00 to Community Corrections (Personal Services / $10,000.00 and Materials & Services / $40,000.00) for the Justice Reinvestment Grant to operate the community service program for the county. MSP: Myers/Britton to circulate the resolution for signature.

9:30 am Jeff Thomas, John Thomas, Kathy Smith and Dean Hoodenpyl entered

ADULT PAROLE & PROBATION OFFICER. Community Corrections Director Dean Hoodenpyl requested approval of Adult Parole & Probation Officer Jim Gravleys request to work 10-hour days Monday through Thursday. Britton talked about the benefit of completing administrative and computer work outside of normal work hours and sited success in the Clerks office regarding the Deputy Clerk. Myers supported the change in work hours so long as work production is not impacted by the change. MSP: Myers/Britton — to approve a four 10-hour day Monday to Thursday schedule for Adult Parole & Probation Officer.

JUVENILE DETENTION. Community Corrections Director Dean Hoodenpyl provided an update on the status of the aggravated murder juvenile case. Estimated costs the county could incur during the trial of the juvenile are $37,360 for the Norcor detention facility and $12,000 for current medication. Other costs would include ongoing medical bills, hospital, surgery, security guards, psychiatric evaluations, and miscellaneous unknowns. Hoodenpyl reported that he has been able to get a rate reduction at the Norcor facility from $150 per day to $115 per day. He explained the situation that existed, as it relates to the countys responsibility for these costs. Discussion took place about the countys responsibility for these costs and the idea of seeking legal advice on the possibility of cost sharing with Baker County and the state. It was believed money may be available from the state to assist in these types of situations. Other comments were made about the trial process that would begin in the future.

Treasurer Kathy Smith reported the General Fund Contingency balance is $142,000 and Courthouse Reserve has a balance of $433,394. She suggested, as the court deliberates on future expenditures for the Courthouse upgrade, that the total cost for the accused juvenile be kept in mind, and union negotiations that start in 2014. She commented on a previous murder trial adult case that incurred at least $250,000 in costs to the county back in the 1980s.

9:50 am — Hilary McNary, Shannon Springer and Jim Sproul entered

PUBLIC HEARING. At 10:00 am a public hearing was held consider a proposed Ordinance establishing fees related to building permits in Grant County, and declaring an emergency. Copies of the proposed Ordinance were made available to the public for review. Planning Director Hilary McNary and Planning Secretary Shannon Springer were present. McNary provided background on the need to provide a building code program for the county which includes an ordinance to adopt the current fees charged. She explained whats being done to establish a county building codes program and noted that inspections would be held here on Tuesdays. Discussion followed about past experience with inspections which were completed within one day a week, in most cases. McNary and Springer commented on the upcoming change and the expected procedures that are being established for the department and with contractors. McNary encouraged the court to pursue other options for a building codes program in Grant County. Her suggestion was to form a partnership program with Harney County. McNary explained that the county has always contracting out the building codes program and her departments involvement has been to simply hand out the states permit forms. The

Planning Departments level of expertise is, and has always been, in providing planning services.

10:10 am Todd Smith and Priscilla Meredith entered

Todd Smith questioned why the county was contracting with the state because he believes plenty of people are available locally that could handle this service in the future.

Myers explained that building codes is a mandated state service, so the county is carrying this local service though as needed on December 1st. McNary pointed out that the Partnership Agreement and Ordinance establishing fees actually gives the county more control than it has had in the past, and allows the county to continue charging fees so building projects are able to continue. Britton indicated that the county is doing this temporarily so we have the time to possibly turn it into a better program. Discussion followed about how the program has been provided in the past and how the county might want to proceed in the future. McNary talked about the level of financial resources that would be required to employ a building official. MSP: Myers/Britton to close the hearing. MSP: Britton/Myers to sign Ordinance 2013-03.

10:30 am — Kathy Stinnett, Debby McClellan, Michelle McManama, Debby McManama, and Nate Hughes entered

COURTHOUSE BEAUTIFICATION. Courthouse Beautification Committee members (Kathy Stinnett, Debby McClellan, Michelle McManama reported on their field trip to the Harney County Courthouse, reviewed progress on our painting & ceiling tile replacement project, and discussed lighting upgrades, additions upstairs and signage, plus flooring and base molding possibilities.

McManama and Stinnett reported on the current condition of the Harney County Courthouse, which is similar to our building, including their building maintenance schedule.

Discussion took place about what may be underneath the floor tile throughout the Courthouse and progress that Mike Knadler has made with painting and ceiling tile replacement. Stinnett recommended a second coat of paint in some areas, door and corner guards, and new flooring base. Some discussion followed about various options for new floor covering. Stinnett asked about doing something with the main floor and stripping and waxing other floors, at a minimum. Hughes said he would not recommend carpeting main areas and felt abatement was the best route since it could be budgeted over a period of time. McClellan explained information she obtained about options for signage to identify the offices, one sign for each floor, as well as a main directory. She said signage costs are estimated at about $600. Stinnett asked for and was given court approval to allow Hughes to complete the base molding replacement and strip and wax upstairs. Hughes indicated that he had time to do that work.

Treasurer Kathy Smith asked if it was the courts intent to go ahead with painting and ceiling tiles in other offices before proceeding with other projects. Myers said he hopes to finish one project before we start another one. It was Brittons wish to complete common areas then move on into the offices. Smith said that floors are a major expense and there is no more revenue to go into this fund for other expensive projects. Smith added that window and heating improvement costs should be considered as we go forward.

11:00 am The meeting was moved to Circuit Court Chambers to accommodate the number of attendees Mary Ellen Brooks, Ci Ci Brooks, Ken Brooks, Shirley Enright, Katie Johns, Jacke Johns, Matthew McGinty, Zach Williams, King Williams, Carolyn Mullin, Dan Driscoll, Shaun Robertson, Roger McKinley, Larry Blasing, George Meredith, Priscilla Meredith, Jeff Thomas, John Thomas, Jim Sproul, Rick Henslee, Roger McKinley, Frank Silva, Steven Silva, Roger

Ediger, Herb Brusman, John Morris, Pete Hettiga, JC Oliver, Sue Newstetter, Sue Horn, Brenda Percy, and News Reporter Scotta Callister.

GROUSE MOUNTAIN RANCH. Grant County Farm Bureau President Jeff Thomas asked to discuss actions of Commissioner Labhart and Judge Myers at the Oregon Parks Commission meeting in Corvallis November 20. The Commission meeting was on the proposed acquisition of the Grouse Mountain Ranch for use as a new state park. Commissioner Labhart had been previously excused from attending today.

Thomas asked about events leading to Myers comments at the Parks Commission meeting in Corvallis. Myers said that he did not intend to give any comment. However, he had been asked to read a letter provided by Commissioner Britton. Myers had told Britton that he would at least deliver 12 copies of the letter. Myers said the video stream of the entire Corvallis meeting is available on the Oregon Parks Commission website if anyone is interested. Myers described his delivery of Brittons comments to Mr. Thomas (who offered to read the unsigned letter), Labharts reading of his own comment letter, and the offer made by Myers to come forward to speak in an effort to clarify differing positions of the court members. Thomas wanted to know why the public was not given notice of the Governors draft letter and how it was added to the November 27 agenda. Myers explained how the Governors draft letter first became known to him on the 26th. Thomas asked about the possibility of forming a local committee to further discuss and address these issues.

Shaun Robertson felt it was time to ask county counsel if there is a private property right that obligates the state to buy this property. He wanted to know how opponents to the transaction can become involved to help negotiate. Myers invited Robertson to volunteer and join in the process, as well as anyone else in the room who would like to form a group to work on the project. Myers felt the county had a golden opportunity to help create what this property becomes in the future. Robertson asked if Myers believed the commitments in the Governors letter would protect the countys expressed interests, and could actually be carried out. Myers noted that we have not seen a final document; however, Myers said he believes the Governor is a man of integrity and is interested in doing what he can to benefit the county. Robertson believed that we need more than a commitment and a formal agreement should be signed as a matter of business. Robertson asked to be included in the process to work toward a formal agreement. Myers said he has believed all along, and that it is understood, more time is needed. He had stressed in his personal opinion (at the Oregon Parks Commission) that the acquisition would be good for the county.

George Meredith pointed out that discussion on Grouse Mountain had been added to the meeting many times without appearing on the agenda. He pointed out several elements of the Commissions plan to address the countys stipulated concerns before the next meeting in February. While working with the citizens in moving forward, Meredith appealed to the court to have full representation and be extraordinarily careful of viewpoints of parties who are more interested in stopping the proposal, rather than finding solutions.

Pete Hettiga questioned Myers and Labharts authority to speak in favor of the OPRD acquisition at the Commission meeting which was in opposition to the courts July letter. He presented Myers with statistics on Grant County employment showing that recreation and tourism ranks as only 1% of all non-governmental employment in Grant County. He felt the court was understating the major contribution made by agriculture to the county and the nation, while overstating the economic benefit of recreation / tourism.

Zach Williams asked about the courts previous action in taking a vote in opposition to the proposal. Myers clarified that a letter from the court taking a position was previously signed in July. Williams expressed opposition to the position Myers took at the parks meeting while representing the county.

Several other comments and opinions on this subject were aired at this time by the citizens.

(An audio tape of the meeting is on file.)

Adjourned

Respectfully Submitted,

Mary R. Ferrioli

County Court Secretary

GRANT COUNTY COURT MINUTES NOVEMBER 27, 2013 UNAPPROVED PAGE 4

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