Grant County Court minutes from March 1, 2017:

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 Jim Hamsher and Boyd Britton, Administrative Assistant Laurie Wright, Frances Preston, Katy Nelson, Jim Sproul, Beth Spell, Jim Spell, Billie Jo George, Vicki Thompson, Dave Traylor, Ron Ballard, Bruce Strange, Judy Kerr, Judy Schuette, Leon Skiles, Amy Stiner, Elise Delgado, Susan Church, Reporter Rylan Boggs, Dan Becker, Josh Walker and Pastor Al Altnow. A Pledge of Allegiance was given to the United States Flag. The invocation was given by Pastor Altnow.

AGENDA. Road Master Alan Hickerson had advised the court the request for a compressed airline needed to be removed from the agenda pending additional research. MSP: Hamsher/Myers — to accept the agenda as amended.

ANNOUNCEMENTS. Commissioner Britton and Commissioner Hamsher attended a meeting at the Oregon Department of Forestry which he thought was very productive. Britton went to a Farm Bureau and a grazing meeting as well last week. Britton intends to have a draft RFP to the other court members for a Natural Resource Consultant prior to next week’s meeting. Britton chaired a SEACT meeting last Monday pertaining to STIP projects for 2018-2021. Britton commended Judge Myers for his letter to DEQ in opposition of the Hells Canyon 401 Certification to require reintroduction of a couple of fish species that would potentially hurt the economies of communities in that area.

Judge Myers attended a health needs assessment meeting last Thursday at Blue Mountain Hospital and on Monday traveled with Airport Manager Haley Walker to look at a used snow plow in Prairie City. At 1:00 pm today Myers will assist with interviews for the department assistant position in the assessor’s office. Tomorrow Myers will conduct an employee evaluation for Planning Director Hilary McNary.

Commissioner Hamsher had telephone conversations with several ranchers who had concerns about grazing allotments and water issues last week. Hamsher advised the City of Prairie City may look at exchanging sanding and gravel for the cost of the snow plow. Hamsher said AOC has a template to support restoring veterans funding in the State budget. Hamsher encouraged those in attendance to write letters of support to elected representatives for the veterans funding and also to retain the call center in Baker. The call center employees around 54 people and handles overflow of calls for the Oregon Health Plan.

9:08 am Reporter Logan Bagett entered. 9:09 am Gail Beverlin entered.

Hamsher explained the Waters of the US Act basically gave the EPA complete jurisdiction over any body of water, even on private property, and the Act is in the process of being repealed which would put control back into the State’s hands.

MINUTES. MSP: Myers/Hamsher — to approve the February 15th minutes as presented.

SOUTH FORK JOHN DAY WATERSHED COUNCIL. Amy Stiner, SFJDWC Coordinator presented an update to the court on the continuing or ongoing activities of the watershed council. Stiner read a list of the SFJDWC directors to those in attendance and described the boundaries of the watershed council. Stiner explained the watershed is 100% grant funded and they assist private landowners with numerous projects such as juniper removal, aspen protection and solar panels to run water pumps. Stiner said they also perform research and noxious weed removal. Some landowners have asked for assistance with reseeding after fires and they have been helping with this. Elise Delgado explained Cascade Carbon based in Prineville turns biomass into usable carbon based material that can be utilized for energy production. Stiner and Delgado answered questions from the audience.

OHA 1ST AMENDMENT TO AGREEMENT #145529. The court received the 1st Amendment to the Oregon Health Authority Agreement #145529 which increases public health funding from $325,000 to $550,000 for the upcoming fiscal year. MSP: Myers/Hamsher — to approve the 1st Amendment to OHA Agreement #145529 and authorize Judge Myers to sign.

9:32 am Alan Hickerson and Greg Bremner entered.

NACO MEMBERSHIP DUES. The court reviewed the invoice from the National Association of Counties for yearly membership dues in the amount of $450. Myers explained NACo used to lobby for SRS and PILT funding and will in the future. MSP: Myers/Britton — to approve payment of the NACo membership dues in the amount of $450 to be paid from county court dues and travel line.

Commissioner Hamsher wanted to make sure the court members were aware that House Bill 2859 would be discussed today regarding property taxes. The bill would have a negative effect on farmers and ranchers if passed.

ASSESSOR PROPERTY TAX REFUND #4. The court reviewed property tax refund #4 to Steven W. Jones, Trustee in the amount of $47.93. A clerical error occurred entering the mailing address for this account. The assessor’s office presented Tax Refund #4 and Order 2017-02 to the court for signatures. Myers read the order to those in attendance. MSP: Myers/Hamsher — to approve Tax Refund #4 in the amount of $47.93 and to approve Order 2017-02 and circulate for signatures.

9:39 am The court took a short recess. 9:43 am Jim Carpenter, Ron Lundbom and Ruth Moore entered. 9:48 am Nick Green, Dan Komning, Nathan Gordanier, Bill Kerns, Matt Turner and Julie Ellison entered. 9:50 am The court returned to session.

VICTIM ASSISTANCE PROGRAM BUDGET. District Attorney Jim Carpenter updated the court on the status of the VOCA 2017-19 grant application. The grant application was rejected and not granted for FY 17-19. Carpenter would like court permission to present a proposal to the budget committee to partially fund Victim Assistance Director Andrea Officer’s position. The current grant ends in September.

9:52 am Glenn Palmer, Steve Fischer and Ken Olson entered.

Carpenter presented a packet to the court outlining victim rights. Carpenter explained some of the victim’s rights and that his office is mandated to provide certain services. He said they are looking at other options and grants to fund this position as well. Discussion followed about grant funding and possible supplanting problems.

10:02 am Richard Gray entered.

Carpenter would like approval to submit this request to the budget committee and is aware it may not be approved. Britton and Myers advised Carpenter that due to budget concerns they would not be in support of funding the position. MSP: Myers/Hamsher — to allow Carpenter to present the request to the budget committee.

911 FUNDING – CITY OF JOHN DAY. John Day City Manager Nick Green explained his proposal for 911 funding services over the next 3 years. Green gave a background summary of the funding issues the City of John Day has faced and said the City has paid for the deficit for the last few years.

10:05 am David Thunell entered.

The cost of the system has increased annually for over 10 years but funding has not. Green estimated a deficit of $200,000 for next fiscal year alone. Green said a plan must be implemented to bridge the gap in funding for the next three years. Green described the measures he has taken to contact Senator Ferrioli, Representative Bentz and the lobbying he has done in Salem. He will be traveling to Salem again next week. Green answered questions from the audience. Green presented different ideas for funding options including getting the state to increase the tax, regionalizing dispatch, or bridge funding to keep dispatch local. Green would like to place an initiative on the ballot and asked for voter approval to increase property taxes for home owners to fund dispatch. The initiative would have a sunset clause so that when and if the state were to increase funding the tax would go away. Hamsher suggested having the cities write letters and call the legislature in support of increasing 911 funding. Judy Schuette encouraged the court to send a letter of support with Nick Green to the legislature. Britton likes the option of putting a safety bond to the voters and thinks it would have a good chance of passing. Myers said he will contact County Counsel and get things started on an initiative.

10:39 am Dusty Williams and Mindy Winegar entered.

ROAD DEPARTMENT. Radios. Road Master Alan Hickerson presented a request to the court for permission to purchase 10 Kenwood NX-72HGK Radios. Hickerson suggested purchasing the radios from the same supplier that was used last time radios were purchased to save on programming costs. These radios allow for communication with numerous other entities and have 260 channel capability. Greg Bremner said the purchase of these radios covers the pickups in the fleet that are used daily. The cost of the radios will be $5,138. In addition Bremner would like to purchase one hand held Radio to be used as a floater for emergency management or the court in the event of an emergency at a cost of $400,5 Gain Antennas in the amount of $200 and one Speaker in the amount of $42.88. The cost for the equipment will be paid from the road department capital outlay-road and shop equipment budget line. MSP: Hamsher/Myers — to approve the purchase of the radios, antennas, and speaker from Complete Wireless Solution to be paid from the road department capital outlay-road and shop equipment budget line.

10:45 am Chris Labhart entered.

FAIRGROUNDS TRACTOR. Fair Manager Mindy Winegar asked the court for ideas on a solution to the problems they are experiencing with the current tractor at the Fairgrounds. The current tractor is a 1984 John Deere and has numerous hydraulic leaks and a sluggish engine. A replacement tractor would cost approximately $44,000 and the estimated cost of repair to the current tractor would be $5,000 to $7,000. Groundskeeper Dusty Williams asked the road department mechanics if they could repair the tractor, but they are so busy it would take a year to get the repairs completed. Winegar would like the court’s assistance in either repairing the current tractor or purchasing a new tractor to be paid from the county reserve equipment budget. Hamsher said the tractor is a liability to the county and isn’t safe. Hamsher doesn’t believe $5000 to $7000 would be enough to repair the current tractor. Myers advised with the budget issues the county is facing he believes looking at repairing the current tractor or purchasing a used tractor would be a better idea. Winegar will research this further.

FAIRGROUNDS FUNDRAISER. Winegar requested court approval to organize a fundraiser for the Fairgrounds. The fundraiser would be selling raffle tickets for a chance to win a Polaris Sportsman 4wheeler. Winegar said the Fair Board is in support of the fundraiser and John Day Polaris is willing to work with the Fairgrounds staff on the fundraiser and will provide a display model for advertising. Winegar estimated the Fairgrounds could earn $10,000 with this fund raiser. Winegar would like to use the proceeds of the fundraiser for building maintenance. MSP: Hamsher/Myers — to authorize Winegar to move ahead with the fundraiser.

11:06 am Mark Webb and King Williams entered.

ORDINANCE 2013-01 (ROAD ORDINANCE). Citizen Mark Webb requested discussion with the court regarding Ordinance 2013-01. The ordinance requires approval of the court members and sheriff prior to any road closures on public lands. Webb would like the court to repeal the ordinance and feels the scope of it far exceeds what the county court has the statutory authority to require or enforce. Webb asked the court if they intended to repeal the ordinance. Webb referenced different Articles from the Oregon Constitution along with Oregon Statutes explaining duties of the Sheriff. Webb cited Article III, Section 1, and Article VI, Sections 6 and 8 of the Oregon Constitution along with ORS 206.010, 204.635, 404.110, 203.035(1), 203.060 and 203.045. He said no statute gives the Sheriff legislative authority and so he believes Ordinance 2013-01 is illegal. Webb stated he is bringing this issue as a private citizen and not as a member of Blue Mountain Forest Partners. Britton said he wants to contact legal counsel and ask his opinion on whether or not this ordinance is constitutional. Britton stated when this ordinance was done legal counsel encouraged the court to pass it as a resolution and not an ordinance. Myers explained a resolution is a statement whereas an ordinance is a law. Britton and Myers agreed that if this ordinance is found to be unconstitutional it should probably be rescinded. Myers expressed concern that the ordinance over reaches the court’s authority. Webb stated his reasoning for wanting this ordinance repealed is because it confuses conversations and causes contention. Jim Sproul asked if public hearings would need to be held to repeal the ordinance. Myers believes legal counsel should be contacted first to get a legal opinion on the ordinance. Judy Kerr read a quote from Ron Yockim saying the ordinance is enforceable in the same way any other ordinance is. Kerr expressed her opinion that this ordinance does not in any way violate either the Oregon or US Constitution. Judy Schuette believes the court should seek legal counsel regarding the ordinance. Hamsher expressed concern that people are frustrated with road closures such as the Magone project and the county court needs to be more proactive in offering comments on projects. Dave Traylor said the court has the responsibility to ensure public safety in Grant County and he believes road closures are a key issue.

PUBLIC COMMENT. Billie Jo George said Theresa and Steve have both stated they are not doing travel management on the Malheur National Forest and what they are doing is road closures on a project by project basis. Discussion followed regarding road closures. Chris Labhart thanked the court and Laurie Wright for the rearrangement of the courtroom. Gail Beverlin asked if an emergency election could be held and suggested with the eclipse coming this year there was a possibility of a “bedroom” tax that could raise money to assist with 911 funding.

11:50 am – Adjourned.

Respectfully Submitted,

Laurie Wright

Administrative Assistant

**** Please note the court minutes are a summary of the court proceedings. An audio recording of each court session is available, after approval of the minutes, by contacting Laurie Wright at 541-575-0059 or wrightl@grantcounty-or.gov ****