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.

December 30, 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, Commissioners Chris B. Labhart and Boyd Britton, Secretary Laurie Wright, Doug Ferguson, Mitch Ferguson, Kenny Delano, Emergency Management Coordinator Ted Williams, Ron Phillips, Jim Sproul, Judy Kerr, and Pastor Al Altnow. A Pledge of Allegiance was given to the United States Flag. The invocation was given by Pastor Altnow.

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

ANNOUNCEMENTS. Judge Myers reported he went to La Grande yesterday to attend the NEOHA meeting and Mike Hayward announced his resignation from the North East Oregon Housing Authority Board of Directors as the Chair which means Myers will now be the Chair as he was formerly the Vice Chair. He said this will probably mean a few more trips to La Grande and Baker for him in the future.

Commissioner Britton announced Susan Roberts from Wallowa County will not be running for commissioner again and Judge Grasty and Commissioner Nichols from Harney County have also announced they will not be running in the next election. Britton said he has met with Doug Ferguson a couple of times about what can be done with the Canyon Creek Channel Rehab. Britton advised he has also spoken with Judge Grasty to see if the Harney County Road Department could be of assistance to our road department if needed. Britton said Judge Grasty didn’t think this would be a problem as long as it didn’t detract from their duties and he would speak with his road department.

Commissioner Labhart reported he attended the Senior Citizens lunch at the John Day Senior Center on Monday, December 28th. Labhart said on Tuesday, January 5th, he will be traveling with Veanne Weddle to the Monument Senior Center for their quarterly visit.

MINUTES. MSP: Myers/Britton — to approve the December 23rd minutes as amended. MSP: Britton/Myers – to approve the December 16th minutes as amended.

9:14 am Jason Kehrberg and Shannon Springer entered

CANYON CREEK CHANNEL REHAB PROJECT. Doug Ferguson (Ferguson Surveying & Engineering) reported on the progress of the rehabilitation project. Ferguson said last Wednesday the discussion was held about using a force account. He said they are seeking a different direction now because of the difficulties they ran into. Ferguson said he believes they have a solution and should be able to use local contractors. An ad will be placed in the newspaper next week. Kenny Delano was able to find provisions for an emergency situation so they can make this process informal and fast track it. Ferguson said they will be advertising for a request for proposals instead of for bids. Delano discussed the emergency definition described in the Oregon Revised Statutes regarding public contracting laws. He stated the emergency provision allows for some leeway in the requirements for public contracting. The court can select contractors based on the best interests of the public, public safety and availability of the contractor. Delano said he is still reviewing the public contracting laws. Delano added the prevailing wage laws will apply. If a certain dollar amount of wages are paid Delano said a report has to be submitted to the state, but he isn’t sure at this time to what department. He said they should have a good contract outline completed before the end of the year. Delano said the payment scale should be fairly simple.

9:24 am Dave Traylor entered

Delano went on to describe what the contract provisions may include. Ferguson added they will put this out so they can have multiple contractors if needed. Ferguson said with the time constraints this is going to cost more than it would if this was a normal situation. He estimates under a normal situation this project would be around $100,000, but this is not going to be a normal situation. Labhart asked who would be inspecting the equipment that will be brought in to use. Ferguson said the contracts will be administered under the normal provisions of public contracting. The latest version of the American Public Works Association Oregon Chapter will be utilized and these are the same specifications as ODOT uses. He added that he and Mitch Ferguson will be very involved in the project. Delano added the contractors will need to carry their own liability insurance and contractor’s bond as usual. The contractor will be taking on the liability to their equipment. Myers said he would like to review the request for proposals prior to it being placed in the newspaper so he can send it to Ron Yockim for his legal opinion on this. Ferguson said they should be ready to move forward on this very soon and they are working quickly to get the easements completed. Mitch Ferguson said they have a few today that will be signed. They are working on getting signed documents from the landowners who are out of town. Mitch added they will be going door to door if necessary.

9:31 am Sharon Livingston entered

Delano said the difficult agreements are with the State owned properties. He plans on talking to local representative’s to see what can be done and if the State can possibly complete the work needed. Delano added if the agreements go to Salem it can take months to get completed. Delano said for the property owned by the City of John Day he thinks they can come to an agreement with the City to do the work. He added they will just need to work through this as they go. Britton wanted to know what the plan was if they don’t get all the agreements. Doug Ferguson said they haven’t had any push back on this and people have been very cooperative. Delano added people have been very excited about the project. Ferguson said they are far enough along now to be able to complete something meaningful even if there is a hold up. Delano added State Parks have their own crews and if it comes down to it they will give them the materials and direction and have them perform the work. Ferguson and Delano said they are ready to go on this. Ferguson said until they have contracts completed they are going to start filling sandbags themselves to hopefully save some money. Ted Williams reported on the various businesses he has contacted to obtain pallets for the sandbags and he will be contacting more people today. Jason Kehrberg said they have 70 one ton totes that can be filled with sand and are approximately 5 foot by 5 foot.

9:45 am Jim Carpenter entered

Discussion followed regarding the risk to the Inland Bridge and the High School. Ferguson said the potential for damage to the track is always there and they have plans in place to try to alleviate this, but it could still be damaged. He added he visited the sewage treatment facility to inspect the berm that is in place and it looks good. Ferguson doesn’t feel anything could be done to improve it at this time.

EMERGENCY MANAGEMENT COORDINATOR POSITION. Judge Myers reported to the audience that when they hired Ted Williams it was a temporary 12 week hire and the time has almost ran out and will expire on January 9th. Myers feels this position is crucial at this point in time for the flood project and organization in case of disaster from flooding or fires. He said he thinks we need to continue having an emergency management coordinator.

9:47 am Allan Mullin and Mark Webb entered.

Labhart asked when the job description was last updated and would like to have dates added to the job description when they are changed. Britton suggested this conversation be postponed until next week so Ted Williams, the court and Treasurer can get together to make a more informed decision. Britton would like to see this position remain full time until at least June. Myers said the court needs to get together and work on the EMPG grant. MSP: Labhart/Myers – to table this discussion until next week.

FIRE PROTECTION PLAN FOR ZONE 1 LANDS. Mark Webb told the court this discussion is only regarding his property and Allan Mullin’s property. Webb said ORS 476.310(2) requires landowners in Zone 1 to present the court with a fire protection plan and ORS 476.310(3) requires the court approve the plan. Webb said if this isn’t filed in a timely manner the Oregon Department of Forestry would be required for fire protection on their lands and ODF could assess their property a certain rate for this. Webb said the way he reads the statute, the work they do on their fire protection plan would be in lieu of this assessment. Britton told Mullin’s that he liked his proposal. Mullin said in his fire protection plan he would have final say in how ODF fights fire on his property. Webb said for some years they have had discussions with ODF and landowners are getting frustrated with the rates and the increases. Webb said they are following statute. He added that ODF is supposed to work with the County Court to develop fire protection plans and this hasn’t been done in the past. Webb said this meeting today is to open dialogue on this matter. Webb requested that the court approve their proposal today so they can get it timely filed. Mullin added they are attempting to force the state forestry’s hand with this matter. Mullin said during the fires this year there was no coordination and it was extremely disorganized. He observed this at his mom and dad’s place on Indian Creek. Sharon Livingston said she pays what ODF calls an assessment, but it is really at tax because if it isn’t paid they put a lien on the property. Livingston went on to explain what her assessment cost and said a few years ago she and some others appealed this and it went before an administrative judge who basically told them to go home and pay. Webb said with Zone 1 lands ODF doesn’t have this option and this is why he wants to exploit this in a way that is informed, responsible and thoughtful. Webb said he wants the court to approve and use his proposal and Mullin’s proposal as templates, at least for now. He explained the map he provided to the court. He said the fire protection plans can be revisited in the near future.

10:00 am Zach Williams entered

Webb read the statute to the court and said nothing in the statute precludes the court from revisiting this matter. District Attorney Jim Carpenter said he believes the statute requires revisiting it. Jim Sproul asked if this changed the landowner’s assessment. Webb said yes it does, it removes the landowner from the assessment rolls. Webb explained the benefits of landowners in Zone 1 having fire protection plans in place. Mullin added their goal is to open up a dialogue with ODF. Webb added the statute states it is the duty of the land owner to provide adequate protection from the starting or spread of fire. Livingston wanted to know who was responsible if a fire left a landowners property and traveled onto public land. Webb said these types of questions still need to be answered. Mullin feels the court becoming involved would offer some representation and protection to landowners. Britton said he thinks the timing on this proposal is perfect and this is a good idea to facilitate conversation to improve the relationship between ODF, landowners and Grant County. Britton encouraged the court to accept the proposed fire plans as presented.

10:09 am William Gibbs entered

Labhart asked how Zone 1 lands were defined. Webb said he believes ODF and some state sanctioned board decided this. Labhart is concerned if funding for firefighting goes away there will be no one to fight the fires. Mullin said the only way to get ODF to discuss the problems is to remove their funding and get their attention. Mullin is extremely upset and said they have tried to discuss things with ODF and they get nowhere and no response. Webb said the statute is very clear and Zone 1 landowners have an obligation by state law to submit a fire protection plan to the county and budget considerations do not enter into this. Carpenter said what he is hearing is the statute doesn’t negate ODF’s responsibility to provide fire protection.

10:15 am King Williams entered

Livingston said she believes the county court has the duty and obligation to follow the law and approve the plan. MSP: Myers/Britton — to accept and approve the fire plans as presented by Allan Mullin and Mark Webb and to follow statute and follow up to see how things are going with their operations. Myers said his motion is not contingent upon Ron Yockim’s approval, but he would like him to review it. Webb said he would like Yockim to be involved. Labhart said his concern is where the court goes from here and he wants coordination with ODF. Webb said three things need to be done now: (1) to notify ODF this has happened; (2) to find out if the plan and compliance with the plan serves in lieu of the assessment; and (3) to discover what landowner liabilities may be that follow statute.

VOCA GRANT APPLICATION. Myers said he believes this is a grant application he initialed in August when Ashley McClay was still here. Myers said Ashley’s name is still on cover page of the grant and this needs to be changed. Jim Carpenter said he believes this is the final stage of this grant and it was already approved. MSP: Myers/Labhart – to authorize Judge Myers to sign the grant and to amend the cover page to change the contact information to Andrea Officer’s.

*** After court it was discovered that the cover page of the grant is supposed to have Ashley McClay’s name on it because she was the one who applied for it. Debbie Bright, Grant Monitor, advised Andrea Officer of this and told her all other contact information has been changed to Andrea Officer’s.

COUNTY AUDIT. The court members reviewed the county audit prepared and submitted by Oster Professional Group. MSP: Myers/Labhart – to accept the Oster Professional Group audit of June 2015 as presented.

OHA AMENDMENT. Myers presented OHA Amendment to Intergovernmental Agreement #148150. This amendment revises some of the language from the original exhibit A. MSP: Britton/Labhart — to authorize Judge Myers to sign the Oregon Health Authority Amendment.

C-2 UTILITIES LEASE AGREEMENT. The court reviewed Amendment No. 5 Commercial Property Lease with C-2 Utility Contractors, LLC. The amendment extends the current lease with C-2 through the end of June 2016. C-2 is leasing the old county shop building at 323 S. Humbolt St., Canyon City, OR. MSP: Labhart/Myers – to sign and approve the lease with C-2 Utilities until the end of June of 2016.

10:44 am Karen Officer and Brenda Percy entered

ASSESSOR/TAX COLLECTOR APPOINTMENT. Judge Myers advised the audience that Karen Officer, Chief Deputy Assessor, has agreed to serve as the assessor and the tax collector until the primary election. Brenda Percy said the primary date is May 17, 2016. Officer will be paid at the assessor’s rate beginning with January’s pay period. The Department of Revenue has certified that Karen Officer meets the requirements of the office of county assessor under ORS 204.016, see attached Exhibit A. MSP: Myers/Britton – to appoint Karen Officer as Assessor and Tax Collector beginning with the January 2016 pay period and ending with the pay period in May 2016.

TAX FORECLOSURES. Jim Carpenter advised the court that the assessor’s office is going to foreclose tax liens this year. Carpenter said active service members are exempt from foreclosure. Rob Raschio’s office has been hired and is attempting to locate active duty military service members and have told Carpenter they are reportedly having issues meeting with the Veteran’s Service Officer. Labhart said he would check with the VSO to see what is going on. Labhart told Carpenter he has been hearing good things about the work Carpenter is doing for the assessor’s office.

11:00 am Hailey Boethin and Eric Julsrud entered

TRAINEE FOR WATERMASTER’S OFFICE. Hailey Boethin, Assistant Watermaster, advised the court they were approached a couple of months ago by Susan Dalton of Experience Works which provides trainees to perform work to government agencies. Watermaster Eric Julsrud said the trainees are not employees of the county; they are paid through Experience Works by grant funds. There is no cost to the county at all. The trainee can only work in the office; they cannot do any field work. Julsrud said the work load has increased substantially in the last year and this would allow his office to get some work done without any cost or liability to the county. Boethin discussed the priorities of the work they perform. She added water rights research takes a back seat to the regulations they are required to do. Experience Works provides the trainee and the Watermaster’s office can interview trainee candidates until one is found. Boethin added the trainee can be dismissed at any time if they don’t work out. Britton asked what Julsrud’s plan was for a time frame. Julsrud said he would like to have a trainee for at least a year and Boethin said she thinks at the very least the office needs someone ¾ time. Julsrud said the only down side he can see is that this is a temporary position. Kathy Smith previously had concerns about potential unemployment for the trainee once they left work. Smith said the trainees are not county employees and the county has no liability to pay unemployment. Julsrud said the only possible cost he can foresee is a computer and he plans on checking with ESD to see if there is an older one available. MSP: Myers/Labhart — to allow the Watermaster’s Office to participate in the Experience Works program.

11:18 am — Adjourned

Respectfully Submitted,

Laurie Wright

County Court Secretary