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

April 13, 2016

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 the County Courtroom in Canyon City, OR.

9:00 am — Call to Order. Present were Judge Scott W. Myers, Commissioners Chris B. Labhart and Boyd Britton, Secretary Laurie Wright, Doug Ferguson, Jim Spell, Beth Spell, Linda Gingrich, Kay Steele, Terry Steele, Judy Schuette, Elaine Mezzo, Dan Becker, Jim Sproul, Judy Kerr, Hank Lissman, Ted Williams, Kathy Gilliam, Terry Brandsma, Mike Cosgrove, Jim Hamsher, Robert Stewart, Tracie Unterwegner, Tim Unterwegner, Bob Shive, Tom Winters, Bill Long, Kristin Long, and Pastor Levi Manitsas. A Pledge of Allegiance was given to the United States flag. The invocation was given by Pastor Manitsas.

CLAIMS. The court approved claims and extension district warrants 118-127 from April 6th.

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

ANNOUNCEMENTS. Judge Myers went to Pendleton last Monday, Tuesday and Wednesday for the Hanson trial where the county prevailed and was found not to be at fault for discrimination based on sexual orientation. On April 11th Myers attended an airport commission meeting and yesterday went to Old West Federal Credit Union for a fire victim meeting where they are attempting to get the final cash donations to victims. He said the total cash donated is around $350,000. Myers will attend the interviews Thursday, April 14th for an equipment operator at the Road Department. On Monday April 18th Myers will attend a discussion with the airport commission to select who will be interviewed for the airport manager’s position, and on Tuesday the 19th he will go to La Grande for the NEOHA meeting of which he is the chair person. Myers went to dinner last night with three members of Business Oregon and Economic Development Coordinator Sally Bartlett.

Commissioner Labhart attended a Grant County Budget Committee meeting on March 31st, a lunch at the Senior Citizen center in John Day on April 4th, an Oregon Department of Aviation meeting at the airport on April 6th and also went to lunch at the Senior Center in Prairie City on April 6th. On April 7th he drove the DAV van to Boise; on April 8th he attended the GEODC Board meeting in Heppner and attended the Light Up The Night activity in John Day. Labhart went to Salem for AOC Veterans, Public Lands & Natural Resources and Legislative committee meetings on April 11th and participated in a tele-conference call about Blue Mountain Forest Plan the evening of April 12th. Labhart will be attending the EMT fundraising activity in Long Creek on April 16th and driving the DAV van to Boise Veteran’s Hospital on April 18th.

Commissioner Britton reported he enjoyed his time off with his family but being away from Grant County really made him appreciate living here. He will attend a Stock Growers meeting on Thursday, April 14th and a Farm Bureau meeting on Sunday the 17th. Monday, April 18th he will attend a SEACT/NEACT meeting in Vale to discuss prioritizing Connect Oregon funds.

Jim Hamsher said around $150,000 in hay donations were also received for fire victims and continue to arrive. Myers thanked Hamsher for his work on this.

9:08 am Logan Bagett entered

MINUTES. MSP: Britton/Myers — to approve the March 30th minutes as amended.

CANYON CREEK CHANNEL REHAB PROJECT. Doug Ferguson (Ferguson Surveying & Engineering) updated the court on the Canyon Creek Channel Rehabilitation Project. Ferguson reported the project is complete and reviewed what the bids were that initially came in. Ferguson reminded the court he thought some changes would happen with costs as the project progressed. He said there were three change orders that had to be completed and this increased the final bid cost by $9,413.56. Ferguson met with Scott Fairley, Regional Solutions, this morning to discuss the large flood mitigation project and how to keep it moving forward. Ferguson stated he won’t need to come to court next week, but he will want to attend on April 27th with Scott Fairley.

FINAL CONTRACT COST FOR REHAB PROJECT. Ferguson said most of the cost overrun was mainly due to taking sandbags to other communities. Ferguson stated he didn’t get formal approval to deliver the sandbags; he and Ted Williams made the decision to deliver these sandbags. Williams replied he thought this was included in the project agreement and did not realize it would make the agreement go over budget. Williams said it made sense to send the sandbags to the communities. Ferguson said it wasn’t included in the project, but was the right thing to do. Kathy Smith asked if the road department could have delivered sandbags they already have prepared for less cost. Myers would like change orders presented to the court in the future. Ferguson stated he had to make decisions based on the information and time frame he had to work with. Ferguson reiterated he thought the cost of the project was going to be much more than it actually was. Labhart pointed out the contract gave Ferguson the authority to make decisions about where items for flood mitigation were placed. Britton said the project went smoothly and the only thing that may have been better would to have been to be more formal in the way some things were handled. MSP: Myers/Britton — to approve the change orders made to the contract and payment of $9,413.56 from general fund contingency.

Road Office Manager Kathy Gilliam reported the entire project cost is actually around $370,000 for everything completed as of today’s date.

ROAD MASTER REQUEST. Road Master Alan Hickerson requested approval from the court in writing to hire two equipment operators. The road department advertised for one equipment operator position and will be conducting interviews tomorrow for this position. Hickerson would like to hire two equipment operators from the interviews tomorrow since Road Foreman Terry Brandsma will be retiring soon and this will open up another operator position once someone moves into his position. Kathy Gilliam advised the department has a large chip seal project coming up and there are a couple of employees out on sick leave and they may end up short handed. Gilliam stated they have the money in their budget to cover the cost. Rob Stewart asked why the department isn’t hiring seasonal employees and why wasn’t this brought before the budget committee. Brandsma said they will still need to hire seasonal employees as well. Kathy Smith stated they are attempting to fill a position that is not yet open and presuming a current employee will move up into the Road Foreman’s position. MSP: Britton/Myers — to approve hiring of two applicants from tomorrow’s interviews. Commissioner Britton voted no, Myers voted yes and Labhart voted yes. Britton explained his “no” vote by indicating the road department had not been transparent with the Road Foreman position and he feels it should have been open to the public.

9:40 am Peggy Gray, Valerie Luttrell and Ron Lundbom entered.

RESOLUTION 16-08. Treasurer Kathy Smith presented Resolution 16-08 to the court which transfers funds in the amount of $35,000 from contingency for the emergency management position for the federal grant match. Judge Myers read the resolution to those in attendance. MSP: Myers/Labhart — to approve Resolution 16-08 and circulate for signatures.

RESOLUTION 16-09. Treasurer Kathy Smith presented Resolution 16-09 to the court which transfers funds in the amount of $2,500 from capital outlay to materials and services in the airport reserve fund to pay for annual compliance testing fees not previously budgeted for. Judge Myers read the resolution to those in attendance. MSP: Myers/Labhart — to approve Resolution 16-09 and circulate for signatures.

RESOLUTION 16-10. Treasurer Kathy Smith presented Resolution 16-10 to the court which transfers funds in the amount of $3,900 from contingency to personnel services for MODA insurance dependent coverage for the Librarian. Commissioner Britton requested waiving the reading of Resolution 16-10 and 16-11. MSP: Myers/Labhart — to approve Resolution 16-10 and circulate for signatures.

RESOLUTION 16-11. Treasurer Kathy Smith presented Resolution 16-10 to the court which transfers funds in the amount of $3,000 from contingency to personnel services for MODA insurance dependent coverage for the Victim Assistance Director. MSP: Myers/Labhart — to approve Resolution 16-11 and circulate for signatures.

IGA BUILDING CODES DIVISION. Planning Director Hilary McNary presented an Intergovernmental Agreement with the Building Codes Division for services related to Silvies Valley Ranch. MSP: Myers/Labhart — to approve the IGA with the Building Codes Division and circulate for signatures.

9:49 am Adele Cerny, Mytchell Mead, Hans Magden and Kara Kohfield entered.

COMMITTEE VOLUNTEERS. The court reviewed and appointed members to the following committees:

Library Advisory Board. Dave Sandersfeld resigned from the Board, Kathy McKinnon requested reappointment to the Board, and Mary Michael submitted a volunteer application to serve on the Board. MSP: Myers/Britton — to appoint Mary Michael to this vacancy with a term expiring June 30, 2017; and to reappoint Kathy McKinnon to a second term expiring on June 30, 2020.

Road Advisory Board. Mary Walker requested reappointment. Ron Greb requested reappointment. MSP: Myers/Britton to reappoint Mary Walker with a term expiring on June 30, 2019 and to reappoint Ron C. Greb with a term expiring on June 30, 2019.

9:51 am Sean Hart, Lindsay Rausch, and Amy Kreger entered.

Senior Citizens Advisory Council. Frances Preston submitted a volunteer application to serve on the council. MSP: Myers/Labhart — to appoint Frances Preston to serve on the Senior Citizens Advisory Council effective June 30, 2016 with a term expiring June 30, 2019.

Mental Health Advisory Board. The Mental Health Advisory Board currently has two vacant positions. Mike McManus and Brendan Toliver have both requested to serve on this board. MSP: Myers/Britton — to appoint Mike McManus to serve on the Mental Health Advisory Board with a term expiring December 31, 2019; and to appoint Brendan Toliver to serve on the Mental Health Advisory Board with a term expiring December 31, 2020.

EMPLOYEE HANDBOOK. Judge Myers said it was brought to his attention that the county non-discrimination policy section of the Employee Handbook did not have sexual orientation included as a non-discriminating factor. The non-discrimination section of the handbook has been changed to include sexual orientation. MSP: Myers/Britton — to approve and adopt the revision to the non-discrimination policy in the employee handbook to include sexual orientation.

BMCC OUT OF DISTRICT AGREEMENT. Celeste Insko of Blue Mountain Community College sent a contract to the county for the 2015-2016 fiscal year. The agreement is for BMCC to provide certain classes to residents in Grant County and is a standing agreement the county has had with BMCC for years. MSP: Myers/Britton — to approve the Contracted Out of District Agreement with Blue Mountain Community College and circulate for signatures.

5TH AMENDMENT TO OHA AGREEMENT #147789. The court reviewed the 5th Amendment to the Oregon Health Authority Agreement number #147789 which provides an additional $5,000 for mental health services. MSP: Labhart/Myers — to approve the 5th Amendment to OHA Agreement #147789 and to authorize Judge Myers to sign the agreement.

CITY OF JOHN DAY DISPATCH SERVICE. Sheriff Palmer sent a letter to the court asking for approval to move the 911 dispatch service for the sheriff’s department to Gilliam County. City Manager Peggy Gray explained the tax revenue of 75 cents per line received from the State has not increased since 1995 and the City has made numerous budget cuts to attempt to offset the costs of the 911 system. Gray explained some of the budget cuts the city has implemented, the projected budget costs and the entities that use the dispatch services. Gray stated a 15% increase had to be done this year to balance the budget and they approached the fire departments and Community Counseling Solutions to start paying fees. Gray stated for the last several years the City has subsidized the short falls in the 911 budget. The City of John Day has sent a resolution to the legislature requesting an increase in the 911 tax and Gray requested the County Court also adopt a resolution and send it to AOC and the legislature supporting an increase in the tax. Britton asked how much investment the City has in the dispatch center and Gray estimated around a quarter of a million dollars, but isn’t sure of an exact figure. Dispatch Manager Valerie Luttrell explained the various services provided by dispatch. Britton asked how many complaints against the dispatch center have been received over the last ten years or so. Gray stated they have had a few minor complaints that they have dealt with, but nothing major and the dispatch center has never been sued until possibly now. Kara Kohfield, EMS Director for Blue Mountain Hospital, is concerned that if one user pulls out of using the current dispatch center is will affect all other users and the level of service. Labhart asked how many employees the dispatch center has and Luttrell reports they have five. Gray added the projected budget is about $458,460. She also said she forgot to add that the Forest Service also pays a yearly fee to the dispatch center of around $2,500. Labhart advised those in attendance he contacted Judge Schaffer from Gilliam County and was told the equipment upgrade would be $40,000 to $60,000 and Gilliam County would pay this cost and the estimate for a yearly fee to the county would be around $50,000. Numerous citizens spoke or sent letters to the court in support of the current dispatch center and want to keep the dispatch center here locally including Judy Schuette, Amy Kreger (Blue Mountain Hospital Board), Tom Winters (former EMT), Elaine Mezzo, Adele Cerny, Mike Cosgrove, Tim Unterwegner, Mayor Ron Lundbom, Linda Gingrich, Dan Maynard, Emergency Management Coordinator Ted Williams, Janine Goodwin, Jim and Beth Spell, Kristin Long, and Kara Kohfiled. Concerns were brought up about keeping jobs in the county, having dispatchers that are familiar with the area, spending tax money in Grant County and having coordination of all emergency services. Judy Kerr stated she would be concerned if she called 911 that she wouldn’t receive the help she needed because of the way dispatchers might feel about her. Judge Myers believes this is a poor time to changes service providers given the current political climate and thinks this service should remain local. Mike Cosgrove gave an example of a soccer player who was injured at the 7th Street complex with a compound fracture in his leg. Cosgrove ended up talking to a dispatcher in Baker who didn’t know the area because at the time cell phone calls were routed out of county. Cosgrove said it took extra time to get help and thinks the dispatch services should stay here where dispatchers know the area. Lundbom said the dispatch center should stay here and it isn’t fair to the citizens of John Day to pay for this alone. Luttrell said a statement was made about all dispatch centers being forced to go regional in the next five years and she knew nothing about this so she contacted the state and was told this isn’t true. Myers and Britton asked Sheriff Palmer if he wanted to add anything. Palmer said he understands the 911 centers will be forced to regionalize within the next five years and he will get more information about this to the court. Palmer would rather select who he goes with rather than being mandated on what center he must use. Labhart asked for court consensus to not provide a letter of support to Gilliam County and to remain with the current dispatch center. Myers and Britton both agreed.

10:58 am Karen Officer, Brenda Percy and David Thunell entered. 11:02 am Zach Mobley, Ron Phillips, and Mary Weaver entered.

AS400 PROGRAM & EQUIPMENT. Assessor Karen Officer explained this system and equipment will come out of the assessor’s budget. The new system will be web based so techs can access the programs remotely to assist with issues. The current modem crashed recently and is old and outdated. Officer said once the new system is in each employee will be able to access information from one computer terminal and monitor instead of the two they must currently use. Clerk Brenda Percy clarified the information in their offices will not be on the internet, the new program will allow for remote access only. MSP: Myers/Labhart — to approve the AS400 system and equipment changes.

GUN SAFE SHERIFF’S OFFICE. Undersheriff Zach Mobley requested court approval to pay for a gun safe purchased by the sheriff’s department. Mobley presented an old wooden box to the court that has been used as a safe to lock guns in the jail control room. Mobley said when he became in charge of the armory he reviewed policy and insurance requirements and doesn’t feel this box is sufficient. Mobley purchased a gun safe locally for $350 that has a digital code that can be changed as needed for security reasons. Corrections did not have a secure location to store guns. Mobley said the department budget has the extra money to cover this expense. Mobley apologized to the court for not following the appropriate procedure for this expenditure. MSP: Labhart/Myers — to approve payment of the gun safe in the amount of $350.

ALERTSENSE 911 DATA EXTRACT. Emergency Management Coordinator Ted Williams explained to the court that a 911 data extract needed to be completed for the AlertSense system and can be done by CenturyLink and provided an agreement for the court’s review. Williams was contacted by AlertSense about this last week and stated he didn’t realize he had to instigate the extract. The extract will get every land line in the system. There is a one-time set up fee of $585 and then a minimum billing of $650 yearly (which is a minimum billing). Williams believes an extract should be completed yearly in order to make sure the system information is up to date. Britton asked about Oregon Telephone companies customers. Williams said the information for these customers also goes through CenturyLink. Kathy Smith will need to review the EMC budget to locate where to pay this from. MSP: Labhart/Myers — to approve payment to CenturyLink for the 911 data extraction and to authorize Judge Myers to sign the agreement.

DEPOT RV PARK. Chris Camarena, Prairie City Public Works Director, requested permission from the court to replace the water heater at the Depot RV Park. Camarena attempted to get three quotes for the project, but only Ed Staub and Sons responded with a price of $3,673.43. This will be a direct heat water heater and replaces one that is probably 30 years old and no longer functioning. The other contractors he contacted said they could not compete with Staub’s and would not submit quotes. MSP: Myers/Labhart– to approve the purchase and installation of a new water heater at Depot RV Park in the amount of $3,673.43 to Ed Staub and Sons.

DEPOT PARK WELL REPAIR. Chris Camarena discussed the well repairs needed at Depot Park. The well at the park for irrigation and is set up for irrigating one acre around the RV spaces. Camarena has been working on the water rights for the well and said Water Resources has advised him the current well is not up to code with the casing that was installed. Camarena has attempted to contact the contractor who installed the well originally and the contractor will not return his telephone calls. He believes the well was dug around 2011. The well needs to be fixed as he is currently forced to water with city water. Britton believes the well is around 160 feet deep and Camarena stated the casing should have extended to the bottom of the well, but the well is currently only cased for 18 feet. Myers will do some additional research on this issue and get back to Camarena with his findings.

PUBLIC COMMENT. Rob Stewart asked what budget year Ted Williams request will be coming out of and Kathy Smith advised it will be taken out of the current year’s budget (safety and preparedness).

Judy Kerr said this Saturday a coffee social with refreshments will be held at the Canyon City Community Hall from 5 to 7 pm to encourage voter registration. People can register to vote at the event in writing or online. Kerr added the following Saturday the 23rd will be a candidate’s forum at the Community Hall.

Jim Sproul went to a shoot in Vale and said he talked to a lot of people from Idaho who were very interested in what is happening in Grant County and with our Sheriff. Sproul also said 911 should be kept local, but there are issues within dispatch that should be addressed by the City of John Day. Sproul added the issues need to be addressed locally as they are not going to go away. Linda Gingrich stated she went to a City of John Day Council Meeting and she feels issues were resolved at that meeting. Rob Stewart feels it’s a good idea to have dialogue on issues like the 911 dispatch center.

11:58 am Mindy Winegar and Dusty Williams entered.

FAIR HEADLINE PERFORMER. Fair Manager Mary Weaver presented a request to the court to attempt to book a headline performer for an evening performance at this year’s fair. Weaver said she has been told by sponsors that they are interested in having a headline act. She explained the sponsorship dollars the fair received last year and feels the lottery dollars could be used to fund the headliner. Weaver stated this event will bring in revenue in her opinion. Weaver explained in order to try to book a performer $5,000 must first be sent to an agent who then makes an offer to the artist. The current offer proposed would be for $25,000 ($5,000 to the agent and $20,000 to the artist). The two artists recommended by the Fair Board were Aaron Tippin or Sammy Kershaw. Mindy Winegar spoke with John Bastian who advised her Old West Federal Credit Union will up its sponsorship if this event happens. Weaver explained the process to the court for going through the agent and acquiring a performer. Winegar said Aaron Tippin has already been lost because he booked somewhere else. Weaver further explained the reporting required for the lottery dollars to the State and the requirements to utilize the lottery money for fair events. Britton asked if Weaver feels the community will support the cost of the tickets and Weaver believes the community will. Myers asked what would happen if a storm hit and Weaver said they would set up tents if necessary. The Fair Board is extremely supportive of this idea. Ron Phillips suggested allowing people who pre-purchase concert tickets and then get a discount on fair admission. MSP: Myers/Labhart — to authorize Mary Weaver and staff to move forward and attempt to book a headline act.

12:27 pm – Adjourned.

Respectfully Submitted,

Laurie Wright

County Court Secretary