Grant County Court minutes from Dec. 28, 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 Canyon City, OR.

9:00 am — Call to Order. Present were Judge Scott W. Myers, Commissioners Chris B. Labhart and Boyd Britton, Administrative Assistant Laurie Wright, Judy Kerr, Rick Minster, Jim Spell, Beth Spell, John Morris, Jim Sproul, Reporter Logan Bagett and Pastor Flora Cheadle. A Pledge of Allegiance was given to the United States Flag. The invocation was given by Pastor Cheadle.

AGENDA. Judge Myers advised that item B (Treasurer Kathy Smith’s request for additional training time) needed to be removed from the agenda per Smith’s request. MSP: Myers/Britton — to accept the agenda as amended.

ANNOUNCEMENTS. Commissioner Britton said he spent a lot of time traveling over the holiday week and his daughter came to visit from LA. Britton and his wife Bonnie sponsored a dinner last Thursday at the Senior Center and stated it was nice to be there.

Commissioner Labhart attended a Christmas dinner at the Senior Center last week and thanked Boyd and Bonnie Britton for sponsoring it. Labhart went to the DA’s office last Wednesday to meet the new Deputy DA Mara Houck and then attended Joan Bowling’s funeral on Wednesday. On Sunday he attended a church service to thank the United Methodist Church for a donation they made to the Senior Center and to recognize the faith based communities in the county for all the community services they provide in our county. Tomorrow Labhart will drive the VA Van to Boise.

Myers reported he conducted an employee performance review last Wednesday for a department head and then had a name change hearing that afternoon. On Monday the 26th Myers officiated a wedding in 5 degree weather on the foot bridge in Canyon City. Myers will swear in 5 newly elected officials on Friday and then perform a wedding at 4 pm. Next Tuesday Myers will go to La Grande for a Northeast Housing Authority meeting.

9:08 am David Thunell and Tonya Cates entered.

MINUTES. MSP: Myers/Britton — to approve the December 21st minutes as amended.

ASSESSOR’S OFFICE TAX REFUND. Assessor Karen Officer and Assessor Elect David Thunell presented a property tax refund to the court for approval. Thunell explained this is a proration of the property tax based on a fire. This was a house fire on Hillcrest and once a report from the State Fire Marshall is received a refund is calculated based upon how many months the property was not damaged. MSP: Myers/Britton — to approve the property tax refund to Dice Properties I, LLC in the amount of $126.36 and circulate for signatures.

FAIRGROUNDS ELECTRICAL SYSTEM. One bid was received to install the electrical system for the PA system and reader boards at the Fairgrounds from S & C Electric in the amount of $22,000. Prior to the bid being officially awarded the USDA must approve the contract per the grant agreement. MSP: Myers/Britton — to award the installation of the electrical system for the PA system and reader boards to S & C Electric pending USDA approval of the contract.

FAIRGROUNDS PA SYSTEM. One bid was received to install the PA system at the Fairgrounds from Troxell Communications, Inc. in the amount of $73,769. Prior to the bid being officially awarded the USDA must approve the contract per the grant agreement. MSP: Myers/Britton — to award the installation of the PA system to Troxell Communications pending USDA approval of the contract.

FAIR CONCERT – NED LEDOUX. Fair Manager Mindy Winegar sent a contract to the court for this coming year’s headliner. Ned LeDoux was selected by the Fair Board to be the headliner this year and has agreed to provide the concert for $12,500. MSP: Myers/Britton — to approve the contract with Ned LeDoux and circulate for signatures.

FAIR ENTERTAINMENT – NATE BOTSFORD. Winegar also sent a contract with Nate Botsford to provide music with a full band at the 2017 Fair in the amount of $2,000. MSP: Britton/Myers — to approve the contract with Nate Botsford and his band and circulate for signatures.

9:24 am Billie Jo George entered.

PUBLIC COMMENT. Jim Sproul asked if a list had been acquired from Elaine Eisenbraun of the people she said the North Fork John Day Watershed Council had contacted. Myers said he will contact her this afternoon and request the list. Billie Jo George asked for clarification of what the expansion boundary area is. Myers explained what he believes the boundary area to be. Myers said his understanding is landowners were asked if they opposed the expansion, not if they approved it. Myers stated because of this he has some concerns about the letter he proposed to write. Sproul said all the water rights holders in this area should be involved, not just a select few. John Morris stated he advised the court several months ago that the BLM had some new planning regulations they were planning to implement and was told by Judge Myers that the county attorney had responded to the proposed regulations. Morris provided an article to the court showing several counties have filed suit against the BLM. Morris believes there should be concern regarding the proposed regulations. Labhart asked if Morris contacted our local BLM representative and Morris said he has not because he is a retired BLM employee and his experience has been everything is directed from Washington D.C. Morris said he wanted the court to be aware of what is happening. Judy Kerr told the court she has been reviewing the Summit Creek Restoration Plan EA and she is no longer on their mailing list. She is wondering if it is something she said or did that caused her to be removed. Kerr said she wanted to warn others that if they didn’t receive a mailing within the 30 day objection period they should follow up.

9:41 am Vicki Waters, Kathy Smith and Julie Ellison entered.

LIBRARY FLOORING. The court reviewed a request from the library to install carpet tiles. Property Maintenance Specialist Nate Hughes provided an estimate of the cost to the county if he were to install the carpet tiles. Librarian Vicki Waters explained half of the carpet in the library was damaged when the roof leaked. The current carpet is an old berber carpet that has been glued and duct taped and has no carpet pad under it. Under the carpet are tiles like what are in the courthouse. Waters said it will cost $2,000 more to do the entire library versus just half of it. Britton asked Waters if the current carpet is a safety hazard and Waters stated it could potentially be. Treasurer Kathy Smith explained the cost for the carpet replacement would be paid from the insurance proceeds received. Nate Hughes has said he is willing to install the carpeting and this will save the county money. Hughes estimated the cost at around $6,500. Three quotes for the carpet were obtained and The Floor Store was the lowest quote. MSP: Britton/Labhart — to approve the installation of carpet tiles in the entire Library to be installed by Hughes and to be paid from courthouse reserve capital outlay. The carpet tile will be purchased from The Floor Store.

9:58 am – The court took a short break. 10:18 am Jason Kehrberg, Allan Mullin and Mark Webb entered. 10:20 am – The court returned to session.

ZONE 1 LANDS. Mark Webb and Allan Mullin presented a proposed Zone 1 Fire Protection Plan to the court for Mullin’s property. Myers advised the audience that he had not received a response from Ron Yockim as of yet. Webb said pursuant to statute the court has the authority to approve fire protection plans presented by Zone 1 landowner’s. Webb added that based upon Commissioner Britton’s request from last week they added more information to the fire protection plan. Webb believes based upon his research neither the county nor the landowner would have liability for a fire as this falls upon the State. He cited several relevant statutes to the court members. Webb requested court approval with the caveat that the county court would not be responsible for carrying liability insurance and based upon review of county counsel. Discussion followed regarding how current Zone 1 protection looks and current issues with fire protection. Jim Sproul asked if the proposal being asked for would be available to all Zone 1 landowners. Webb said Mullin is not asking for a special favor, he is following the law. The current law requires Zone 1 landowners to provide bona fide fire protection plans and the default is to pay the fire assessment to ODF. Webb said they are attempting to legally assert landowners rights. Mullin believes the intent of the creation of Zone 1 lands was to encourage landowners to participate and reward them for doing so. Billie Jo George said she is confused because she thought Webb and Mullin were already removed from the Zone 1 assessment. Further discussion was held regarding statutory requirements regarding Zone 1 lands for fire suppression. Sproul gave two examples of the forest service being liable to landowners for fires that started on the national forest and entered private property. Sproul said his concern would be the possible liability to landowners given a similar scenario. Myers thinks the court could approve the fire protection plan pending further review from county legal counsel. Britton advised he does business with Allan Mullin and discussed this issue with him after court last week. Britton expressed concern that other landowners would not be able to provide as much fire protection as Mullin and doesn’t want this plan to set precedent for future plans. Britton would like to see the plan move forward and said this is one area where the county has a say in what happens pursuant to statute. Britton advised he did let Rob Pentzer of ODF know this discussion would be taking place. Labhart stated he has a problem with the portion of Mullin’s plan saying he has the final say regarding fire protection on his land. Mullin explained his intent is to be able to direct where things like fire lines are placed on his property. Webb said the final say would be on landowner’s property, not on how an entire fire is fought. Liability issues were talked about and Labhart reiterated liability is a big concern for him. Britton suggested removing the sentence about Mullin having final say and leaving in firefighting efforts will be coordinated with the landowner. MSP: Britton/Myers — to accept Mr. Mullin’s fire protection plan as amended pending legal review from Ron Yockim. The court consensus was that Mullin’s plan would not be a requirement or template for other Zone 1 landowners. Webb requested the court commit to advising the assessor’s office of the change approved to Mullin’s property after review from Ron Yockim. Myers advised he would commit to notifying the assessor and ODF. Webb would like to be included in the conversation with county counsel. Labhart wanted it on the record that the plan approved today would supersede any prior plan presented.

PUBLIC COMMENT. Billie Jo George asked if the fire protection plan eliminated the Oregon Department of Forestry from the picture. Webb said it does not and gave her a copy of the statutes. Commissioner Labhart wanted to advise Reporter Logan Bagett that in the four years he has been a commissioner he has never been asked for an interview by the newspaper or radio station and he feels it is important for the court members to get out there. Commissioner Britton thanked Labhart for his service and said it was a pleasure serving with him. Myers also thanked Labhart for his service to the county.

11:26 am — Adjourned until 1:15 pm.

The court returned to session at 1:15 pm. Myers advised pursuant to ORS 192.660(2)(h) the court would

be entering executive session.

EXECUTIVE SESSION. At 1:17 pm court members held an executive session under ORS 192.660(2)(h) to consult with the county attorney regarding legal rights and duties in regard to current litigation or litigation that is more likely than not to be filed. Judge Myers recited the State Attorney General’s Sample Script to Announce the Start of Executive Session. MSP: Labhart/Myers — to enter executive session under ORS 192.660(2)(h). Present were Judge Myers, Commissioner Britton, Commissioner Labhart, Editor Sean Hart, Attorneys Ron Yockim and Chris Griiffith via telephone, and Administrative Assistant/Human Resource Manager Laurie Wright.

At 2:43 pm the court returned to general session and made the following motion: MSP: Britton/Myers — The Grant County Court after investigation relative to the attorney fees claimed under The Oregonian vs. Sheriff Glenn Palmer et al litigation, has determined this action is not covered by the Oregon Tort Claims Act and therefore will not be paying attorney fees in this matter, also noted the court is asking legal counsel to further investigate this matter and if it becomes appropriate will revisit this matter after investigation.

2:47 pm – Adjourned.

Respectfully Submitted,

Laurie Wright

Administrative Assistant