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

February 10, 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, Secretary Laurie Wright, Doug Ferguson, Road Master Alan Hickerson, Regional Solutions Coordinator Scott Fairley, Jim Spell, Beth Spell, Mark Cerny, Adele Cerny, Judy Schuette, Jim Sproul, King Williams, Zach Williams, Dave Traylor, Sharon Livingston, Judy Kerr, Linda Gingrich, Kay Steele, Terry Steele, Stan Thompson, Vicki Thompson, Kristin Long, Susan Church, Tom Winters, Judy Schuette, Ginger Shive, Dan Becker, OPB Reporter Amanda Peecher, Oregonian Reporter Fedor Zarkin, Sandy Murray, Mark Murray, Janine Goodwin, Hans Magden, Tim Unterwegner, John Morris, Mytchell Mead, Robin Olterman, Margaret Cavey, Jerry Ebeltoft, David Byars, Robin Herold, Mark Webb, Malheur Forest Supervisor Steve Beverlin, Sharon Livingston, Roger Kimberling, Elaine Mezzo, and Pastor Al Altnow. A Pledge of Allegiance was given to the United States flag. The invocation was given by Pastor Altnow.

CLAIMS. The court had reviewed and approved claims and Extension District Warrants. Commissioner Britton declared a conflict of interest for the Boyd Britton Welding claim in the amount of $482.00.

AGENDA. MSP Britton/Labhart — to accept the agenda with the removal of Kathy Stinnett’s presentation at 9:45 am.

ANNOUNCEMENTS. Commissioner Britton reported he traveled to Vale to attend a SEAC subcommittee meeting regarding the prioritization of the STIP projects and explained this fund goes to ODOT and is used for funding for small community projects. The STIP fund is what was used for the sidewalks in John Day and the Main Street revitalization project. He said the second part of the John Day revitalization project looks good and should happen in 2018-19. Britton stated the NEAC (Northeast Area Commission on Transportation) and SEAC (Southeast Area Commission on Transportation) work very well together as communities and take turns receiving funding. Britton added that our beautiful Airport facility was funded with Connect Oregon Funds. Next week Britton will be attending another NEAC/SEAC meeting. Tomorrow he will attend a stock growers meeting.

Commissioner Labhart stated he attended a Senior Citizen luncheon in Prairie City last Wednesday and a Senior Citizens luncheon in John Day last Thursday. On Friday, February 5th, he participated in a Homeless Vet program via tele-conference and on Tuesday, February 9th, he met with the Depot Park Committee to discuss the Intergovernmental Agreement. Labhart reported he will attend the Grant County Stock Growers meeting at Keerin’s Hall on Thursday, February 11th and on Tuesday, February 16th, he will meet with the Depot Park Committee to continue discussing the Intergovernmental Agreement.

Judge Myers reported he attended the Flood Preparedness meeting last Saturday at the LDS Church and the AlertSense emergency notification system was presented at the meeting. The meeting was well attended with 50 or 60 people there. Myers encouraged those in attendance to contact Emergency Management Coordinator Ted Williams to get signed up for the notification system and this is a free service. Myers said he attended an Airport Commission meeting. He conducted a name change hearing yesterday morning and yesterday afternoon he went to a meeting at the Airport regarding the shared building space with the Forest Service. Myers said this afternoon at 3 pm DEQ will be making a presentation to volunteers regarding the hazardous materials disposal event coming up in the near future and added that volunteers are needed for this. Tomorrow he will meet with DEQ and ODOT to discuss a possible site for composting animals (roadside and possibly cattle). This upcoming Friday he will be performing a wedding.

MINUTES. MSP: Labhart/Myers — to approve the February 3rd minutes as amended.

CANYON CREEK CHANNEL REHAB PROJECT. Doug Ferguson (Ferguson Surveying & Engineering) updated the court on the Canyon Creek Channel Rehabilitation Project. Ferguson said work started on the flood berm project last Saturday and Mitch Ferguson has been running this project at the ground level. Ferguson reported the project is ahead of schedule and about 75% of the blocks are in place and approximately 15,000 sandbags have already been filled. He said the contractor is working in different areas and is performing work on the most difficult sites first. Ferguson stated he believes the issue with the land owner that didn’t want work done on his property is resolving itself. He added the contractor is working beyond his expectations and is doing excellent work and cleaning up after themselves as they go. Ferguson stated last Wednesday the court authorized him to move forward on the gauging stations and he thought last week it was going be approved but it still has not. Ferguson has been talking with Water Master Eric Julsrud about the gauging stations. Julsrud is going to begin taking some measurements of the creek. Ferguson said the creek is running at 140 cubic feet per second right now and he would like to see it running a little higher than that. He reiterated the gauging stations are needed now. Ferguson said a normal spring runoff is about 300 to 400 cubic feet per second and the flood of 2011 was 850 cfps. The berm is designed to handle around 1000 cfps. Ferguson anticipates the berm will need to remain in place for a while and the sandbags will need to be repaired and replaced as needed yearly. The wildcard to this project is the debris and silt that can’t be anticipated. Ferguson introduced Scott Fairley from the Governor’s office.

Fairley told those in attendance he is the Regional Solutions Coordinator with Governor Brown’s office. He said he has been working with Ferguson to make sure Canyon City, John Day and downstream are as protected as possible.

RESOLUTION 16-04. Treasurer Kathy Smith presented Resolution 16-04 to the court. This resolution will create a budget line for the emergency management fund. Judge Myers explained the county has hired an emergency management coordinator after being without one for a few years. Myers explained some of the tasks that Ted Williams, EMC, has been able to complete since he started. MSP: Labhart/Myers — to approve Resolution 16-04 and circulate for signing.

RESOLUTION 16-06. The court reviewed Resolution 16-06 which requests a peaceful resolution of the occupation of the Malheur National Wildlife Refuge, requests the militia go home and offers support to local, county, state and federal law enforcement. Commissioner Labhart said he was contacted by the Association of Oregon Counties about what stance our court had taken on this issue. Labhart borrowed Umatilla County’s resolution as a starting point and made changes to it for the public to review and comment on. Labhart added the court is being very transparent on this issue and wants public input on the resolution. Labhart read the resolution in its entirety to the audience. Myers asked for public comment and requested those who wished to comment to keep it respectful.

Kay Steele said she wanted to thank the county commissioners for taking a stand on this issue and she is concerned this could move into our area. Steele supports the resolution and said no one outside of Grant County has the right to tell our citizens what to do. She went on to explain her experience at the meeting at the Senior Citizen’s Center where she and 50 or 60 others were peacefully protesting the takeover of the refuge. She said a militia member was standing by the entry door and wouldn’t allow any of the protesters in to the “community meeting”.

Beth McKrola Spell stated her great-grandfather came to this country from Germany in the 1840’s and he fought for the Union in the civil war to preserve our nation. He came to Grant County in the 1860’s. Spell said she went to a public meeting in John Day and was told she would be arrested and escorted out of the room if she caused any problems because they did not have room for dissenting opinions. Spell added she was afraid to even come to the court meeting today because of what’s going on. She urged the court to support her and other citizens and pass this resolution to protect all citizens. She added we do not need this kind of disruption here in our county.

Mark Cerny said he has read the draft resolution and he wants to support it. He feels this is a good resolution even though he feels the wording should be a little stronger. Cerny added a few years ago the citizens came together to keep the Aryan Nations out and he doesn’t see any difference with what is happening in Harney County with the militia. He said the militia members are not patriots, they are bullies.

Judy Schuette thanked the court for the resolution and said this is really important. Schuette said this is a big step that a lot of people didn’t think the court would take. She asked for clarification of item #2 and if the court is talking about all militia or just those at the refuge. Schuette would like to see this clarified so it is understood who the court is talking about. Schuette added this is resolution is very important.

Janine Goodwin said she also would like to thank the county court for this resolution and she is very appreciative of the work the court does. Goodwin would like to see the resolution include language that this is an illegal occupation and she would also like to see a sentence in the resolution that Grant County does not support an occupation here. She said there is a perception among militia groups that our Sheriff supports them and whether it is true or false she hopes the Grant County Sheriff does not support the militia. Goodwin discussed the economic impact on Harney County and the potential economic impact here. She urged the court to strengthen the language in the resolution.

Tim Unterwegner said he would like to thank the court for taking this step as well. He doesn’t want to see what is happening in Harney County happen here.

Linda Gingrich wanted to discuss the impact on families. Gingrich said her daughter, son-in-law and two grandchildren live in Harney County. Her son-in-law works at the Malheur National Wildlife Refuge and she doesn’t even know where her grandchildren are right now because they have to keep moving around for their safety. Her son hasn’t been able to work and her grandchildren haven’t been able to go to school. Gingrich said 17 families are in this situation. She urged the court to support this resolution and to keep the militia out of Grant County.

John Morris is concerned with the resolution as far as who is going to define what a militant is, will it be someone like him who has a gun in his pickup? Morris feels militant needs to be defined and he is concerned about this. Commissioner Britton said Morris had a good point, but he thinks you will know a militant when you see one.

Mytchell Mead hopes people remember what has happened in the room today as far as context of the resolution because when context is lost so is content. He pointed out the militia quotes only portions of the Constitution and takes it out of context. Mead would like to see the resolution worded stronger.

Judy Kerr said she is concerned with the statement about out of county and out of state militants, but what about the out of state and out of county FBI and mercenaries. Kerr said she is really concerned with item #4 and the court is supposed to enforce the laws of the US Constitution and she feels the court is trying to lead Sheriff Palmer around by the nose like Harney County has done with the Sheriff in Harney County. Kerr said the court cannot put law enforcement into this resolution because they don’t have the authority. Kerr feels the Sheriff is an elected official, has equal power, and he has been smeared by ignorance and apathy by people in this community.

Janine Goodwin wanted to make it absolutely clear her intent was not to smear Sheriff Palmer; she was just repeating what she had heard.

Jim Sproul stated the 1st Amendment to the Constitution allows for freedom of speech, freedom to address grievances, and the right to peacefully assembly. He commented on item #4 that states the court supports the laws and law enforcement and said the court must follow the law as well and said he suggests the court look up ORS 260.432. Sproul said what is happening is much larger than Harney or Grant County and he doesn’t want to see lawlessness come here either. Sproul said we are a nation of laws and we need to follow those laws. Sproul stated there have been nothing but peaceful meetings in Grant County and he doesn’t believe anyone was threatened. He doesn’t support the resolution and if the court really wants to do something pass an ordinance, make it a law and then back it up.

Sharon Livingston read a passage from the Declaration of Independence to those in attendance. Livingston said she is not here to defend the militia or to go against them; she is here to discuss what is right for citizens. Livingston said the Federal Government has become more and more oppressive. She stated she has not had a grazing permit since about 1974 and will not. Livingston said she is not condemning anyone here locally and she supports the Forest Service here, but not at the federal level and our problem is in Washington DC. She added the Malheur National Forest is the crown jewel of where we live and we need to take care of it ourselves. Livingston said the US Constitution is our guide.

Mark Webb stated he appreciates that Sharon Livingston brought up the Constitution and the Constitution lays out a very robust way to air grievances through the court system. Webb said the militia occupation in Harney County was illegal, unethical, socially inappropriate and torn that community apart. Webb said if the court members were willing in any way to support the militia they should resign.

Judge Myers advised the audience that he believes the resolution will be discussed again next week.

Britton would like to come back to this issue after the scheduled 10:15 am presentation.

GRANT CO. PUBLIC FOREST COMMISSION. Dave Traylor read a letter from the Grant County Public Forest Commission to the court regarding the Canyon Creek Complex Fire. Traylor urged the court to authorize and fund an investigation of the fire with the Grant County Public Forest Commission supervising the investigation. Commissioner Labhart asked Traylor what the Commission was actually doing since its inception by public vote in 2002.Traylor said the Commission was developed for the time when the federal government might turn over control of the forests to local communities. Traylor added they are trying to be proactive for the future so if this ever happens they will be able to step in.

Sharon Livingston reminded the court of the article she provided to them about 4 months ago and again asked them to review it.

Traylor said the request to the court for an investigation was by unanimous vote of the Public Forest Commission at their recent meeting. Commissioner Labhart asked for a copy of the minutes from this meeting and Traylor said he would get them to Labhart.

Nicki Sprauve wanted to know if anyone from the court had requested an investigation into the fire situation and Myers said they had not. Sprauve said something went wrong when you have 50 homes burn up. Sprauve feels something should be done for these people as they are the ones who elected the court members. Labhart said he did contact the Forest Service and reviewed reports from everyday of the fire. Myers added there are post action reports available for people to review if they wish.

Tad Houpt said he is a member of the Forest Commission and also lost his home in the fire. Houpt stated when a plane crashes it is federally investigated, sometimes for years. Houpt said there are catastrophic fires all over the west, not just here and it isn’t just a weather issue, it’s a management issue. He told the court by not investigating the fire you might as well be saying just burn it. Houpt said the weather conditions weren’t that extreme and this was a management issue and it should be investigated to prevent this from happening again.

King Williams said he asked the Forest Commission to remove his name from the Commission letter and he opposed the letter because of the accusations and predetermined outcomes outlined in the letter. He said any investigation should not have predetermined outcomes or preconceived issues. Williams is not opposed to an independent third party investigation and he doesn’t think the Forest Service would be either. Williams stated his opposition to the way this letter is presented is this is an accusation of wrongdoing rather than an investigation into what happened and how it can be prevented in the future. Williams added this was an illegal meeting held in executive session without the public there because it was never advertised as it should have been.

Steve Beverlin, Forest Supervisor, said the Canyon Creek Complex wildfire was a catastrophic fire, he is saddened by the loss of homes and property, but he is proud of the firefighters who fought it. Beverlin said the Forest Service is more than willing to be engaged in discussion about the fire and learn everything possible to prevent a similar fire from occurring and to sit down and have a productive and respectful discussion about what happened.

Mark Webb said he agrees with Mr. Williams and this seems like an attempt for a witch hunt against the Forest Service and not an actual investigation.

Judge Myers said in his opinion the relationship between the county court, the public and the Forest Service is better than it has been in years. Houpt feels our forests are improperly managed.

RESOLUTION 16-06 cont’d. Vicki Thompson is concerned with the term local control that is in the resolution, especially in light of it being used so freely by other groups. Thompson feels there should be a better way to say this.

Elaine Mezzo said she was told she couldn’t attend the meeting at the Senior Center and she was yelled at and told she was wrong and they would be coming here next. She thanked the court for working on this resolution and she supports it.

Adele Cerny stated she supports the suggestions made earlier by Janine Goodwin regarding adding illegal to the resolution. Cerny said she and some other citizens went to Burns for the counter protest. She was very impressed with the support the Harney County citizens gave to their law enforcement and other officials. Cerny was threatened at the protest and intimidated. She does not want to see the militia here.

Terry Steele said he and his wife went to Burns for the counter protest and he had more than one armed person stand in front of him and try to intimidate him. Steele said they are not nice people and are good at intimidation.

Judy Schuette feels a lot of what the court has heard today from the people is that they support the resolution and feel the language should be stronger. She agrees with the insertion of illegal along with some of the other suggestions.

Tom Winters suggested instead of local control in the resolution, maybe use local collaboration.

Judge Myers thanked those in the audience for their comments and for attending. Commissioner Labhart thanked the media for being here as well.

RESOLUTION 16-05. Treasurer Kathy Smith presented Resolution 16-05 to the court. This resolution transfers $700 from the Airport contingency fund to its capital outlay fund for the purchase of the Airport security cameras previously approved by the court. MSP: Britton/Labhart — to approve Resolution 16-05 and circulate for signing.

EMERGENCY MANAGEMENT GRANT. The court reviewed the EMPG Grant that assists with funding the Emergency Management Coordinator position. This grant is a 50/50 match grant with the Office of Emergency Management. MSP: Labhart/Myers — to accept the grant and authorize Judge Myers to sign it on behalf of the county.

11:44 am– Adjourned

Respectfully Submitted,

Laurie Wright

County Court Secretary