IN THE COUNTY COURT OF THE STATE OF OREGON

IN AND FOR THE COUNTY OF GRANT

MARCH 5, 2014

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 and Chris B. Labhart, Secretary Mary Ferrioli, Brooks Smith, Jim Sproul, Vernita Ediger, and Pastor Levi Manitsas. A Pledge of Allegiance was given to the United States flag. The invocation was given by Pastor Manitsas.

9:05 am Hank Lissman entered

AGENDA. Britton asked for a brief discussion about where the county is going with the old Road Department property in Canyon City. Myers gave an update on the recent survey by Benchmark Land Surveying (Jason Hatfield) to set lines and boundaries. Judge Myers and Hatfield are planning to attend a Canyon City Council meeting soon to propose the surveyors recommendations. In discussion about the property, Britton recommended the county offer an exchange of the back two lots for a zoning change to Commercial Use for the portion of county property leased by C2 Utilities.

9:15 am King Williams and Zach Williams entered

ANNOUNCEMENTS.

Labhart had attended an LCAC meeting and OSU Extension Candidates meet and greet last Wednesday, he drove the VA van to Boise last Thursday, on Friday he attended the Grant Union baseball dinner and auction, and the Library lunch and auction last Saturday. This afternoon he has an LCAC grant writing meeting, Thursday he will drive the VA van to Boise, will referee a 6th grade basketball tournament on Saturday, and attend a SBHC meeting on Monday. Labhart will conduct Oregon Hunter Safety classes on Wednesday and Thursday.

Britton didnt attend the Woody Biomass meeting in Salem last week due to icy roads. Monday he hosted a joint SEACT / NEACT state transportation improvement meeting by video conference. Tonight hell attend the Monument City Council meeting to ask about adopting a letter of support for name change proposals to the Oregon and National Geographic Names boards. He recently met with Ferguson Surveying and Engineering (Werner Arntz) about possibilities for installing an elevator at the Courthouse.

Myers met with State Fire Marshall David Field yesterday for an inspection at the Road Department, Courthouse, and Jail. Tomorrow he will attend a Mental Health Advisory Board meeting at CCS and will attempt to attend an Eastside Dry Forest Collaborative meeting Friday at 9:30 am in Burns. Myers has been in conversations with Harney County Judge Steve Grasty, Lake County Commissioner Brad Winters, CCS Director Kimberly Lindsay, and others about possibilities for maintaining our relationship with CCS to administer public health services.

9:30 am — News Reporter Scotta Callister and Mark Webb entered

MINUTES. MSP: Britton/Myers — to approve the February 26 minutes as amended.

PUBLIC COMMENT. An opportunity was given for the public to comment. Public Forest Commissioner Brooks Smith provided the court with information on issues involving future scoping for the Big Mosquito project by the Forest Service, and addressed two proposed riparian restoration projects in areas where mining tailings currently exist.

9:30 am Mike Billman entered

Labhart and Brooks Smith briefly talked about the process for decommissioning Forest Roads associated with the countys Public Road Closure Ordinance.

BLUE MOUNTAINS FOREST PARTNERS. Blue Mountains Forest Partners Executive Director Vernita Ediger discussed the accomplishments of BMFP stakeholders to improve forest health and communities in the Blue Mountains. BMFP members Mark Webb, King Williams, Zach Williams, Mike Billman and Brooks Smith were present. Ediger talked about the collaborative groups mission to work with the Forest Service to create a shared vision for sustaining employment in the forest products and service contracting sectors, to improve public safety by reducing the risk of uncharacteristic wildfire and its associated costs, and to improve forest health and resilience to insects and disease while promoting access to and availability of recreational opportunities in the forest.

Benefits to the local community were identified as: no litigation on timber sales since 2006, increased pace of forest restoration work, encouraging improved efficiency of the Forest Service, maintaining local mill infrastructure and employers, securing the 2011 CFLRP award to the Collaborative Landscape Restoration Program, ensuring the IRSC evaluation criteria is included in the concept of local that lead to a local contractor award, and building social capital while reducing conflict among those participating.

Zach Williams provided background about the issues that lead to development of the BMFP and explained how the collaborative process works. Mike Billman talked about the greatly increased size that treatment projects now encompass. He added that BMFP collaborative efforts have, for the most part, saved the Malheur Lumber Company. Webb stressed the 10 Year Stewardship Project requires that projects be collaborative; he believed the Collaborative is actually driving this stewardship program. Webb felt it was important to have good public support of these collaborative efforts, including federal Title 2 funding for annual projects.

Ediger agreed that county membership and / or support of the collaborative groups efforts and regional meetings is very important to the success of the BMFP. She suggested that the county consider financial support of operational costs by sponsoring the BMFPs $110 monthly office rent for office space at 530 E. Main in John Day. Webb noted that the countys $110 monthly contribution would not only provide financial support, but could be counted as in-kind match for grant funding. Britton felt the good statewide reputation that the BMFP has helps in being able to get things done successfully. MSF: Britton/Myers to waive the BMFP rental payment at 530 E. Main in John Day. Labhart was not opposed, but wanted to think about it until next week. During discussion Myers felt efforts and activities of BMFP were a county interest that could justify waiving the rent at the airport conference room. The motion was called; Labhart and Myers voted no.

10:15 am — Eric Julsrud, Hailey Boethin, Sue Horn and John Morris entered

IRRIGATION DITCHES AND RESERVOIRS. Water Master Eric Julsrud and Assistant Water Master Hailey Boethin reviewed and discussed Distribution of water from irrigation ditches and reservoirs (ORS 540.210) and Payment of assistant water master (ORS 540.220). It was explained the Luce Long Ditch Company (LLDC) is a group of water users who appropriate water rights from the John Day River. LLDC collects a fee from water users on the ditch that is used for ditch repairs / maintenance and other business as needed. For some time, LLDC has been in the process of becoming an incorporated entity so it can take responsibility for control and enforcement of water use. Until the ditch company has that legal authority to manage water use on their ditch, the Water Master has that responsibility. Julsrud explained how, during certain times of the year, the ditch company must rotate water use for a certain number of days according to each of the Upper, Middle and Lower sections. The problem is that there are users irrigating outside the rotation causing other users to be denied water use throughout the season. Users, irrigating outside the rotation, are unwilling to recognize the ditch company and continuously challenge any by-laws the ditch company attempts to enforce. LLDC President John Morris provided information about dues payment, management of water use on the LLD, and ongoing problems with this ditch, and many others up and down the John Day River. He indicated that, once the LLDC is incorporated, hed be comfortable asserting control and pursuing legal action.

10:30 am — Eva Harris entered

For many years Assistant Water Master Boethin has attended LLDC board meetings, participated in ditch measurements, field and or site visits, and assisted individual property owners in an effort to resolve the ongoing issues with this ditch. However, these efforts have accomplished nothing to date, so injured water users are only left with civil action unless the majority of users agree to petition the Water Master or Assistant Water Master to take control of the ditch as allowed by Oregon statutes. Julsrud will be holding a meeting on March 12 at the airport for all water right holders on the LLD to further educate users of their rights. He invited any interested court member to attend. Julsrud felt that Boethin could easily incorporate work on the LLD, located on Hwy 26, within her current work activities. At this point, Boethin didnt think a portion of her time would need to be dedicated to the LLDC, or that any associated fines would significantly offset her monthly wages. Morris agreed that, once the LLDC gets the authority to assess fines, the time needed for involvement by Boethin would be minimal. In response to Brittons inquiry, Boethin explained her extensive training, experience with water users, and the level of comfort she has with hostile situations.

EASEMENT REQUEST. Landowner Eva Harris requested an easement for ROW across county property (Tax Lots 1901 and 1902) to access property she owns (Tax Lot 2302) located east of West Bench Road and west of Grant County Regional Airport. Maps were previously provided showing the property in relation to the airport and a close-up of the existing road over which she would like to have an easement. Harris is in the process of selling this property. She said the Land Development Code does not permit a parcel of land to be isolated without legal access to and from the parcel. She reported that over the years the public has constructed a road by use that leaves West Bench Road, crosses county property and climbs the hill to her property line. Harris also reported that an exchange of ROW was done between Lee Harris and the county Road Master years ago, but the legal work was never done. In response to Labharts inquiry about ROW width, Road Master Sue Horn said the countys ROW width would be 30 feet from center, or 60 feet wide. She added that an easement would not affect county property. Harris said she would like to receive the countys easement decision in writing before asking for a professional survey to be completed.

Britton suggested that Harris contact the Planning Department to discuss possible issues with the property, such as the Airport Combining Zone. Labhart and Myers agreed with the need to check with Planning about possible restrictions. Harris and the court talked about questions that she might ask Planning about any limitations on the countys property. Harris was told about the Way-of-Necessity legal process that would be available to Harris, if the county does not grant an easement. The decision was delayed until next week.

ELECTRIC BIDS. The court opened bids from electric contractors submitted to perform work for the expansion of Justice Court and relocation of the Law Library. Tuesday, February 25, Judge Stinnett and Judge Myers had conducted a walk-through with electrical contractors to look at upgrading circuits in the panel box by Justice Court; adding track / accent lighting and additional ceiling drop light as needed in the new Law Library foyer area; rerouting outlets in the existing wall between Justice Court and Law Library when demolished; moving the existing drop ceiling lights to different spots in the old Law Library and current Justice Court Judges chambers; and adding a ceiling fan to the new Justice Courtroom. Bids were opened as follows: Reds Electric Service @ $2,856.00 including material, labor and permits and Wolf Electric LLC @ $3,095.00 with additional work at $60.00 per hour plus materials. Labhart confirmed that the county was satisfied with work performed by Reds Electric for the DA remodel project. MSP: Labhart/ Myers — to award the Justice Court / Law Library electrical work to Reds Electric Service in the amount of $2,856.

AUDIT CONTRACT. The court reviewed and approved Oster Professional Groups CPAs Audit Contract and Engagement Letter for the Grant County Extension & 4H Service District financial statements and fiscal affairs for the period July 1, 2013 through June 30, 2014. MSP: Britton/ Myers — to authorize Judge Myers to sign the Oster Professional Group CPAs audit contract and engagement letter for Grant County Extension & 4H Service District the year ending June 30, 2014.

BUDGET RESOLUTION. The court reviewed and signed Resolution 14-06 Creating New Budget Lines within the Bookmobile Reserve Fund, in the amount of $2,000.00 for money collected from donations and fundraisers to purchase necessary library equipment.

11:28 am — Adjourned

Respectfully Submitted,

Mary R. Ferrioli

County Court Secretary

GRANT COUNTY COURT MINUTES MARCH 5, 2014 APPROVED PAGE 4