IN THE COUNTY COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF GRANT

Access the County Court Agenda and approved Minutes on the Commissioner’s page at www.gcoregonlive2.com

OCTOBER 28, 2015

Pursuant to notice made to the newspaper of general circulation throughout Grant County, the radio station, county website, 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, Commissioner Boyd Britton, Court Secretary Laurie Wright, Outgoing Court Secretary Mary Ferrioli, Road Master Alan Hickerson, Road Safety & Risk Manager Greg Bremner, Road Office Manager Kathy Gillam, Doug Ferguson, Scott Fairley, Frances Preston, Judy Kerr, King Williams, Zach Williams, Bob Phillips, Jay Carniglia, and Caleb Maplesden. Commissioner Chris Labhart was excused to Elk hunt with family. A Pledge of Allegiance was given to the United States flag. The invocation was given by Commissioner Britton.

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

ANNOUNCEMENTS.

Britton reported on his trip yesterday to Lake Creek Camp where the Forest Service has hired archeologists from the Warm Springs Tribe to conduct research. He visited with Grant SWCD to assist in finding potential water impoundment sites. Britton thanked Judge Myers for attending a meeting in Adrian tomorrow on the Owyhee National Monument. Britton spoke with Scott Fairley, the Governor’s Regional Solutions Coordinator, about connecting with the county’s EMC later today.

Myers met with state and federal officials (mostly regulatory agencies) at the airport last Thursday about the Channel Rehab project, short term and Phase 2 which will be a more long term project. He will go to Burns tomorrow to travel with Judge Steve Grasty to a meeting in Adrian to support Malheur County’s opposition and voice Grant County’s opposition to the Owyhee National Monument designation of about 3.1 million acres in Malheur County (Owyhee Canyon Lands). Monday morning he will participate with the DA’s office in interviewing candidates for a legal assistant position in that office, next Monday afternoon he will participate in a reinvestment act state meeting with Community Corrections Director Dean Hoodenpyl about reducing recidivism and prison beds. Myers reported that state and federal officials, including office of emergency management, are touring Canyon Creek this morning to assess the rehab project. Myers plans to try to get together with them this afternoon.

9:15 am — Eric Julsrud, Kathy Smith, and Paul Scuafani (US Army Corp of Engineers) entered.

CANYON CREEK CHANNEL REHAB. Doug Ferguson (Ferguson Surveying & Engineering) updated the Court on the Canyon Creek Channel Rehab Project. He talked about meetings that he and Myers attended recently where information and complications were better coordinated. A meeting took place at 8 am this morning about the short term project and placement of dikes. Ferguson felt an opinion might be needed from a professional fish biologist regarding possible impacts to fish. He added that a second opinion by a biologist could be of benefit. Ferguson addressed alternatives that must be developed. Scott Fairley clarified this morning it was discovered that issuing permits could create a potential liability for the cities and the county. Therefore, a fish biologist is needed to verify that the short term project will not have any harmful effect on fish and will not result in a “taking.” This can help mitigate potential liability. Ferguson felt it was time to stake dikes while we proceed to address the other issues. Discussion followed about the types of work that will be done to mitigate the flood hazard and the potential liability of performing the necessary rehabilitation work within Canyon Creek Channel. It was generally agreed that doing something is better than doing nothing. Ferguson also pointed out that the first phase of the project is a means to get by for a few years until something more can be done to stop a potential maximum flood.

9:30 am – Lane Burton and Brenda Percy entered.

ROAD DEPARTMENT. The court reviewed and considered the department’s recommendation to accept the quote received from Complete Wireless Solutions for Kenwood 50 Watt VHF Mobile Radios @ $12,212.80. Day Wireless Systems had quoted $16,460.00 for MotoTRBO 45 Watt Mobile Radios. Road Safety & Risk Manager Greg Bremner and Road Office Manager Kathy Gillam were also present. It was explained the radios are compatible with analogue, digital and (very) narrowband GPS, and more channels are available with added wattage. Hickerson said more channels are needed to talk directly with other agencies (and to other counties) around transportation issues and to deal with emergencies. Bremner talked about serious communication problems that have occurred in the past at the time of an accident or major safety issue. Some discussion followed about previous and potential changes being made in band width. Bremner was confident the department would be able to stay with narrow band frequencies into the future. He described communication procedures, technologies used, monitoring capabilities, and the elimination of dead spots. It was noted that equipment would need to change when digital / satellite communications come into being in the distant future. The 20 radios would cover all of their equipment including a base for the shop and could be updated by the road department as needed. The department currently has handheld radios that will be compatible with the new radios. The new radios will be installed in vehicles. Other discussion took place about ownership of the ground on which the department’s communication equipment is located. MPS: Britton/ Myers– to accept the department’s recommendation to go with the low bid offered by Complete Wireless Solutions as presented. Bremner remarked that one goal is to get all of the EMS agencies to benefit from their master plan of communications. Bremner remarked that if there was a decent tower at Eagle Peak, like the one on Dixie, then they could reach into every draw up Canyon Creek, they could reach Seneca and maybe even communicate with Burns.

9:50 am — Nate Hughes and Tammy Wheeler entered.

RECORDS STORAGE. Water Master Eric Julsrud, requested approval to temporarily relocate records storage from basement offices (DA, Planning, Water Resources, and the Clerk). He was joined by Clerk Brenda Percy, Property Maintenance Specialist Nate Hughes and Treasurer Kathy Smith. Vital historical and data records are currently stored in the basement of the courthouse. Due to the Canyon Creek Complex Fire there is concern over potential flooding in the lands in and around the Canyon Creek drainage. There is concern that if the records are not moved out of the basement they may be damaged or lost if flooding does occur. Julsrud talked about previous conversation he had among the departments about the potential risk of flood. Percy talked about available space on the main floor and using space in the bull pen which will require some modification such as installing lots of shelving and stabilizing the room temperature. Other options are utilizing space available at the L-Building in John Day. Percy felt in the long term it would be best to keep records in the Courthouse. Other discussion took place about the overall structural integrity of the Courthouse. Trial Court Administrator Tammy Wheeler talked about emergency plans the Circuit Court has to relocate court operations and records outside of the Courthouse. Other discussion followed with Treasurer Kathy Smith about the amount of excess furniture and equipment and relocating these items. Timing of moving records so it will not interfere with the upcoming floor tile abatement project was reviewed and the need to deal with the Bull Pen first. It was understood that the potential threat of flood could be realized anytime from November through next spring.

10:00 am – Hilary McNary and Shannon Springer entered.

Myers commented that there is a building at the road department and some storage available at the airport for excess furniture storage if needed. Nate Hughes said he has seen some crazy things that water / moisture can d0. He believed the Bull Pen would need to be completely sealed and a dehumidifier installed to be assured records will be preserved. Britton suggested that the departments move forward on this right away since we are probably looking at five years of potential flooding risk. Myers recommended that critical records be relocated as quickly as possible since it will take some time to complete long term safe storage of Courthouse records. He suggested these county department representatives get together and move forward to find answers to both off site and on site relocation of records.

10:15 am – Steve Beverlin, Ryan Nehl, Ron Lundbom, Robert Watt, and Cheryl Berry entered.

PLANNING DEPARTMENT. Planning Director Hilary McNary requested approval to upgrade to a wireless headset for the main office phone. The current headset being used by the Planning Secretary is approximately 10 years old and is becoming crackly and causing communication problems via phone. Three quotes were obtained and the lowest priced vendor is B&H Photo Video for a Plantronics CS540 Wireless Headset System in the amount of $189.95. The Planning Department has requested general fund capital outlay for this purchase. MPS: Britton/Myers — to approve the Planning Department’s headset purchase as presented.

McNary recommended signing the Planning Assistance Grant Agreement with Department of Land Conservation and Development. This grant can be used to cover many day to day activities in the planning department, including preparation for Planning Commission meetings, updating the Land Development Code or Comprehensive Plan and many other activities. This year the grant has increased from $3,500 to $4,000. McNary requests the Court to authorize Judge Myers to sign the Grant Acceptance Form so that it can be returned to the state as soon as possible. MPS: Britton/Myers — to authorize Judge Myers to sign the Planning Assistance Grant Agreement with Department of Land Conservation and Development.

CHANNEL PROJECT INVOICE. The Court discussed identifying a funding source to pay Ferguson Surveying and Engineering invoice number 3394 for the Canyon Creek Channel Rehab Project in the amount of $15,867.00. Legal Counsel Ron Yockim was previously asked for an opinion on the use of road funds for this project. Yockim said the county may spend road funds on local interest roads when the Court makes findings under ORS 368.031 and ORS 368.722. Myers said ORS 368 allows the county to make an emergency declaration to spend funds. Myers said it would take a simple order or resolution to allow the use of county funds on city, streets, bridges and he will ask legal counsel to prepare the order or resolution for signature. MPS: Myers/Britton — to declare an emergency under ORS 368.722 and request legal counsel to draft an appropriate resolution concerning expenditure of road funds for the Canyon Creek Channel Rehab Project. Myers added the process for a contractual relationship with Ferguson Surveying & Engineering needs to be updated since it expired earlier this year.

The Road Master and Road Department Office Manager addressed the possible impact to the budget and the need for detailed documentation of these expenditures. The Road Master questioned who would be responsible for tracking the expenditures and the fact that contractors would have to be used to assist with work. It was discussed that it is impossible to budget for an emergency like this and the details will need to be worked out. The department also had questions about the county’s potential liability for actions taken during this rehabilitation project. It was discussed that NOAA is paying for two portable rain gauges for an early warning system; one will be placed at Dry Soda and the other probably at Miller Mountain. The gauges are satellite receptive and solar powered. The county is working on permitting issues at Dry Soda.

10:34 am – Patrick Bentz, Bob Bagett, Jeff Thomas, Jay Carniglia and Barb Smith entered.

AIRPORT TRACTOR. Grant County Regional Airport Manager Patrick Bentz requested approval to purchase a tractor for the airport. Bentz explained problems this year in keeping up with grass mowing and weed removal that’s needed at the airport. The road department assisted the airport last year with the weed removal, but wasn’t able to keep up. Bentz feels that if the airport has a tractor they can handle the mowing and weed removal in house quite easily. Bentz stated that the airport has the funds available for the tractor purchase and also that the airport is required to maintain the airport through agreements with the State Department of Aviation and the Federal Aviation Administration. The Airport Commission has considered four tractors, a Massey-Ferguson 1739E w/loader for $22,700, an LS XR3037 w/loader for $22,000, a Kubota L3901HST w/loader and brush mower for $25,416, and a John Deere 4052M w/loader for $34,938. The LS, Massey-Ferguson and Kubota tractors come with a 5 year drive train warranty, the John Deere warranty is 36 months or 2000 hours. If the mower attachment is subtracted from the Kubota the price is in line with the LS and Massey-Ferguson, in addition the Kubota will be purchased at a government rate of $25,416 through a dealer in Redmond which is approximately $4,700 lower than retail. Members of the Airport Commission were present and recommended purchasing the Kubota tractor over other options. Bentz and the Airport Commission chose the Kubota tractor based on overall quality and performance. Myers sought clarification about the Redmond dealer’s state purchasing ability and asked for documentation on that designation. Other discussion followed about price, specifications, performance benefits, and long term life span among the different tractor brands. It was noted that a resolution would be needed for this purchase since the Capital Outlay line does not have enough funding for this purchase. MPS: Britton/Myers — to allow purchase of the Kubota L3901HST w/loader and brush mower for $25,416 if the tractor can be obtained through state purchasing. Britton was assured by Bentz that proper and regular maintenance would be done on the new tractor to keep it in good operating condition and his employees will all go through training when the tractor is delivered. Later Patrick Bentz verified the Kubota tractor is available through state purchasing and the dealer is an authorized contract provider. The actual price of the tractor is also less than the initial quote and is $24,788.43.

EMERGENCY MANAGER. The Court discussed hiring a 12 week temporary Emergency Management Coordinator. Myers reported that there is an extremely qualified individual (Ted Williams) who understands the National Incident Management System (NIMS) world, he understands chain of command and incident command. He can be hired full time for a 12-week period without going out for other applications. This 12 week period is reimbursable at 50% through an Office of Emergency Management (OEM) grant application, this is a non-competitive grant and funding is assured. Myers met with the individual yesterday about his interest in this position and plans to meet with OEM about grant funding this afternoon. Treasurer Kathy Smith asked for a definition of the job to complete over the 12 week period. Myers discussed the EMC setting up evacuation centers and coordinating sand bag practice, flood practice and incident practice as some examples of things the EMC could do in the 12 week period. Myers plans to sit down with the EMC to discuss what is needed. Britton felt an emergency notification system is important to address first and foremost. He added that the Emergency Operations Plan (EOP) could also be updated. With reimbursement by OEM, the cost to the county would be one-half of approximately $45,000.

Jeff Thomas sought information about how EM was handled in the past and was concerned about budget impacts resulting from this decision. He also posed questions about what the county would receive in emergency services that would address flooding and forest health issues and if hiring someone for 12 weeks was financially beneficial to the county. Myers pointed out that the county has not been eligible for some federal funding in the past because it does not have an EMC. Britton felt this 12 week assignment would provide an opportunity to get ahead of our emergency issues and move forward with the need for planning and response. It was discussed that the EMC position may end up being a part time position; it depends on how busy it is. The position will be full time for the 12 week time period. The court discussed that having an EMC should qualify the county for more federal funds. General discussion took place among attendees and the court about emergency management procedures which took place in the past and how coordination and team actions would unfold during a future emergency event. The question was raised about what happens to the EMC position after the 12 week period. Myers said the position would have to be advertised to the public and would probably be done towards the end of the 12 week period. Myers feels that the county needs an EMC and it would be budgeted in the next fiscal year. He pointed out that it is not known at this time whether this will be a full, three quarter or half time position. Treasurer Kathy Smith asked if the position is going to be filled after 12 weeks anyway, why not advertise for the position now. MSP: Britton/Myers – to hire Ted Williams effective today for 12 weeks as Emergency Management Coordinator according to the arrangements made by Treasurer Smith and Judge Myers.

NURSING-MEDICAL SERVICES. Court Members reviewed and signed an Agreement for Professional Nursing-Medical Services with Community Counseling Solutions, Inc. The agreement provides nursing-medical services to inmates of the Grant County Criminal Justice Facility. The agreement would continue until June 30, 2017. MPS: Britton/Myers — to authorize Judge Myers to sign the Agreement for Professional Nursing-Medical Services with Community Counseling Solutions, Inc.

DIXIE MOUNTAIN SITE. The Court reviewed and signed the Consent to Assignment of a Communications Site Agreement with Wheeler’s Communications. On September 1, 2015, Day Management Corporation dba Day Wireless Systems (Day) purchased the assets of Wheeler’s Communications. Day is requesting written consent from the Court to assign the lease from Wheeler’s to Day Wireless. MPS: Britton/Myers – to allow Judge Myers to sign the Consent to Assignment of a Communications Site Agreement with Wheeler’s Communications.

PUBLIC HEALTH SERVICES. The Court reviewed and signed Amendment No. 2 to Oregon Health Authority IGA No. 149010. Myers said the adjustment removes the Environmental Health program funding that John Combs used to provide and reduces the budget by $9,000. MPS: Britton/Myers — to authorize Judge Myers to sign Amendment No. 2 to Oregon Health Authority IGA No. 149010.

RESOLUTION. Based on last week’s discussion, the Court considered a Resolution addressing the matter of unhealthy federal forest lands. Myers stated the Court received a sample resolution from Wallowa County which the Court has tempered down a bit. Britton suggested that we wait one more week to allow him time to think about this language a little more.

PUBLIC COMMENT. Caleb Maplesden asked for and received clarification from Forest Service Deputy Supervisor Ryan Nehl about levels of responsibility and authority of the Forest Service employees. Maplesden addressed the court and provided his opinion about forest plans, coordination, and the Sheriff’s Public Lands Natural Resources Policy that Sheriff Palmer presented to the court at a recent meeting. He believed the County Court should adopt that plan as the county’s plan. Jeff Thomas was present because the Grant County Farm Bureau would like to ask the court and the Forest Service to see if there is a way for the Farm Bureau to expedite the salvage logging process. It was explained the low price of lumber is a challenging factor and the time period for salvaging products could run until next summer. Malheur NF Supervisor Steve Beverlin talked about activities that are taking place to collaborate, design, and develop a salvage project under the Forest Service regulations.

MINUTES. MSP: Myers/Britton — to approve the October 21 minutes

11:55 am – Adjourned

Respectfully Submitted,

Laurie L. Wright

County Court Secretary