County Court minutes 06-25-14

Published 6:03 am Monday, July 21, 2014

IN THE COUNTY COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF GRANT JUNE 25, 2014

Pursuant to notice made to the newspaper of general circulation throughout Grant County, the radio station in Grant County 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 Boyd Britton and Chris B. Labhart, Secretary Mary Ferrioli, Jim Sproul, Joe Intile, Hank Lissman, Cheryl Sprauve, Wes Aaness, and Pastor Ray Eisenberg. A Pledge of Allegiance was given to the US flag. The invocation was given by Pastor Eisenberg.

YEAR-END CLAIMS. The following year-end claims had been signed — Echanis Distributing fundraising for Championship Bull Riding Bar $547.00; ER Printing for VEOGP project $1,631.88; Quill for central supply $235.41; Grant County ESD for a laser jet pro 400 printer fingerprint image machine & power supply $280.25, CMC Rescue Inc. for water rescue equipment $5,473.90, and CCS for mental health tax (pass through) $1,482.28.

AGENDA. MSP: Labhart/Myers — to accept the agenda with a letter of grant support requested by GOBHI for a telemedicine project that’s due July 1.

9:05 am – News Reporter Scotta Callister entered

ANNOUNCEMENTS.

Labhart attended a hospital board meeting last Thursday. Friday, he was at the Health Fair and met with the Forest Supervisor about road access concerns. Saturday Labhart helped serve dinner for the Joe Kowing fundraiser at the Elks Lodge. Monday he attended the EOCCO board meeting in Pendleton and a road mitigation meeting at Wickiup Campground yesterday. Today at noon he has an LCAC meeting. Monday he has a Blue Mountain Hospital compliance meeting and Tuesday he and Britton will meet with AOC Director Mike McArthur in John Day.

Britton attended a TEC budget meeting and then a BMFP meeting at the airport Thursday. He reported on a Geographic Names Board meeting he attended Saturday in Prineville that went very well. Monday he and Jason Kehrberg had a meeting in Burns about the Sage Grouse issue. He reported by being proactive in the response to potential listing it was everyone’s hope there would be no listing. Yesterday, Britton joined Labhart to meet with the Forest Service at Wickiup Campground. Tomorrow, he will attend to his duties as the Grant County Registrar by attending a Webinar at the health department.

9:10 am — Steve Beverlin entered

Myers traveled to Pendleton last Thursday for a discussion with Forest Service representatives from the Regional Office and Washington DC, and representatives of the Malheur, Umatilla and Wallowa Whitman NF, members of local Collaborative Groups, and representatives of the White House Commission on Environmental Quality to talk about collaborative issues and successes and NEPA issues. He said the opinion of most is that the NEPA process is sluggish and onerous, but appears to be working and the collaborative process is working well. Monday, he met with FS reps Mike Montgomery and Ben Lindley to talk about ways to address forest access and road signage. Tomorrow morning he will help move furniture in preparation of carpet installation at the TEC office located in leased space at 530 E. Main in John Day.

MINUTES. MSP: Labhart/Myers — to approve the June 18 minutes as adjusted.

PUBLIC COMMENT. Airport Commission member Joe Intile was present to state his personal belief that the Commission is responsible for hiring and evaluating the Airport Manager – until now. Airport Manager Patrick Bentz had received his annual performance evaluation by the court earlier today. Intile said this subject is being addressed in the Commission By-Laws that are in the process of being amended. He believed the Airport Manager hiring and evaluation should be done with sufficient input by the Airport Commission. Intile asked the court to vacate its evaluation decision until the by-laws can be submitted to the court for review and approval. Myers clarified that the county has always hired and evaluated our employees based on county policies. He said, because he works for the county, Commission volunteers don’t know the county’s policies and procedures or how his work relates to budget and personnel issues.

9:20 am — King Williams and Tammy Burdick entered

Myers attends Airport Commission meetings and has been aware of the proposed by-law changes. He said, pending receipt of the proposed by-law changes, he intended to conduct the Airport Manager’s evaluation as scheduled. Myers added that he had previously invited all Commission members to participate either personally or by email. Britton clarified with Intile that no decisions are made during an employee’s performance evaluation that’s held under Executive Session. Myers suggested that signing and filing of today’s performance evaluation be held until the proposed bylaws changes are made.

Labhart talked about his participation at Library Advisory Board meetings and how that process contributes to ongoing involvement by the court and its annual evaluation of the Librarian. Labhart said he would question the Commission’s legal right to evaluate an employee if it is not the employer. Myers added that the role of the Airport Commission and Fair Board are different than that of county advisory boards.

PUBLIC HEARING. At 9:30 am the court opened a public hearing to consider Petitions by Landowner for Annexation to the Mt. Vernon Rural Fire Protection District in accordance with ORS 198.857 and ORS 478.140. Petitions were previously filed by landowners Tammy Burdick and Reuben Negus and included a map of the territory (Exhibit A) and a legal description of the boundary (Exhibit B). The petitions have been approved by the Mt. Vernon Rural Fire District and Oregon Department of Forestry. Petitioner Tammy Burdick was present. Myers noted concurrence from Oregon Department of Forestry and Mt. Vernon Rural Fire District. He asked for input from those in favor of these properties being included in the Mt. Vernon Rural Fire District. MSP: Britton/Myers — to dispense with three rounds of public comment since one person is present for the hearing. Myers seconded the motion upon determining no one was present to object to adding these properties to the Mt. Vernon Rural Fire Protection District. MSP: Labhart/Myers — to adopt these annexations and sign the Orders. MSP: Myers/ Labhart — to close the hearing on annexation to the Mt. Vernon Rural Fire District.

PUBLIC COMMENT. Labhart explained conversations he’s had with the Forest Service and others over the last week, trying to find a way to collaborate on certain roads being restricted for ATV use – Vance Creek, Wickiup and the Magone Lake area. He noted that the parties have come to an agreement. Labhart had asked Deputy Forest Supervisor Steve Beverlin to come today to tell the community what might or will happen to at least open the Wickiup road at this time, and address other issues

Beverlin thanked the public and everyone for their comment and concern. He said the Forest Service is going to relook at earlier decisions made that closed the roads to mixed use, and prohibited ATV use on Wickiup Road. The FS is proposing to roughen-up the road to reduce the travel speed to slow down traffic and lower the probability and severity of crashes. This would allow the road to open to mixed use and ATVs. Beverlin said he’s working with Road Crew now to get this done before the July 4 weekend. The intent is to keep the forest open to the public. The current signs “Highway Legal Vehicles Only” would come down and new signs, such as “Shared-use Road, Drive Carefully” would be installed at the Wickiup Campground.

Labhart suggested the county form an Advisory Committee, on public road access issues, that could work with public agencies to deal with these issues at Vance Creek and Magone Lake. Beverlin said the FS is in favor of that concept and wants the public’s help and assistance in determining which roads are used, not used, or should be open or closed. Labhart believed Wickiup was a good example to show how the collaborative process can benefit the public landscape. He hoped the county would be able to help with the new signs.

Britton suggested possible names of those interested in serving on an Advisory Committee — Howard Geiger, John Bastian and Dave Hannibal. He talked about BMFP possibly providing input on some road access issues, as part of their stewardship project work. Britton supported the Advisory Committee and felt it would be an opportunity to help the FS achieve their mission with some of their road problems, and maintain public access to the forest.

Public Forest Commissioner King Williams pointed out the court is charged with dealing with these issues by Ordinance; he supports an advisory group. He said the BMFP purpose is specifically to collaborate on projects and they can’t make recommendations on other issues.

9:50 am — Brooks Smith entered

Labhart noted that these issues would be going through the County Court based on the County’s Ordinance on Public Road Closures. He suggested the Wickiup road opening be announced in the newspaper so the community is aware of it before the holiday weekend. He thanked Forest Service employees, especially Mike Montgomery and Ben Lindley, for their work in helping to put this cooperative effort together.

Myers felt it was a good way to honor the intent of the Ordinance and, if we can do this proactively first, it would mitigate the issues before they happen.

Public Forest Commissioner Brooks Smith provided information about several measures that can be taken to design a road to deal with safety issues and assure safe public access to campgrounds, etc.

10:00 am — Sally Bartlett, Kimberly Lindsay, Lindsay Madden, Erin Osgood and Lane Burton entered

COMMUNITY COUNSELING SOLUTIONS. CCS Director Kimberly Lindsay along with staff members Lindsay Madden and Erin Osgood provided an informational update on programs and services provided by CCS in Grant County. Lindsay gave a general update on Juniper Ridge Acute Care Center, Addictions and Mental Health program services, and the Public Health Department. She said Juniper Ridge is doing well, the census is fairly stable, and it was cited as a national model to follow for the Department of Justice. Lindsay explained the building is having a structure issue at the patio that’s being addressed; the engineers are evaluating the situation and will make a recommendation on how to fix it.

Lindsay reported that a full time gambling addiction and prevention position to provide education and treatment in the CCS service area will be added no later than November 1. She explained that unexpended Carryover dollars, along with anticipated state funding in July 2015, will be used to support the new position. Each county right now receives a minimum of $15,000. In response to Britton’s inquiry about our county’s gambling abuse problem, Lindsay provided statistical data on the incidence of gambling addiction in Grant and other counties in the CCS service area. Labhart expressed interest is having more information about this program presented to the court in the future. Lindsay said lottery funds are used to provide citizens with gambling addiction counseling at no cost, and Thad Labhart is the county’s certified gambling addiction counselor.

She said a Mobile Crises Grant Application was awarded to CCS to provide clinician services at the scene. Labhart asked if CCS would be involved with providing veteran-specific services. Lindsay replied that CCS has not been involved with veteran services. Bartlett reported that the County Veteran Services Officer is working closely with the police department, Sheriff, and other community partners around veteran issues.

10:35 am — Kathy Smith entered

Lindsay noted that a joint meeting of CCS service area County Judges has been scheduled for July 24 in Heppner by Gilliam County Judge Schaffer. Judge Myers was planning to attend. Lindsay announced the health department was approved for Medicaid claiming effective July 1. Employment interviews are being conducted at this time to re-hire a Billing Clerk to replace the employee who had been released in December.

10:40 am – Tammy Wheeler entered

Madden provided an overview on the immunization program and the public education campaign that’s being done to increase awareness. Erin Osgood addressed the health department accreditation process which has been a challenge due to the small number of local staff available to work on this comprehensive process. It was noted that the accreditation process involves regular communications with the County Court, as the Local Public Health Authority. Discussion took place about the number of accreditation measures that must be completed and associated work being done with the Community Health Improvement Partnership. Lindsay said in eastern Oregon, only Umatilla and Union counties’ accreditation process is ahead of Grant County, and many counties haven’t even started. It was reported that when Osgood’s VISTA position expires in two months, the plan is to retain her position at CCS so this multi-year accreditation process may continue on its course. Lindsay said Osgood put together a good proposal that shows how bringing her on as an employee would be cost neutral. She added that this process will become mandated by the state in a few years and would receive funding.

Sally Bartlett remarked on the $30,000 received for community-based meetings and program preparedness in Phase I of the School Based Health Center. Bartlett said Phase 1 will be ending soon, and an application will be completed for Phase 2 for $60,000 involving a business plan to actually implement the SBHC facility. Lindsay and Bartlett addressed the start-up and / or capital improvement grants for which CCS is making application, to receive funds needed for Phase 2 construction at Grant Union Jr. Sr. HS. CCS was turned down on two applications, but more grant applications will be submitted for start-up and / or capital improvements. Lindsay said, without grants, expenses will exceed revenue this year. Bartlett expected that some equipment donations would be received. She also said the school district has been very supportive and agreed to pick of costs for utilities, Internet and IT. Some discussion followed about the partnership offered by local community members and groups, as well as the support that’s been offered by Blue Mountain Hospital.

10:50 — Tammy Wheeler entered

Assessor Lane Burton was present to share an experience he recently had at the health department. Last Wednesday when he went there to have stitches removed, he was turned away because he’s not a patient of Karen Triplett. Madden explained the new restrictions associated with professional liability for the practitioner – if an individual has no health history with that practitioner. One exception to that restriction would be with providing urgent care.

Madden reported that she averages 2 to 2 ½ hours with the Jail each week. Things are going well there and she’s helping to get files and medical supplies organized.

11:05 am – Cleo McCluskey and Kathy Stinnett entered

COURT FACILITIES. Court Facilities Committee / Circuit Court Administrator Tammy Wheeler discussed plans to move forward with several projects. Assessor Lane Burton, Cleo McCluskey and Kathy Stinnett were also present. This topic was discussed on June 11, but Commissioner Britton had been absent. Wheeler presented a written statement to the state regarding the County’s Response to Prioritizing Criteria for the Courthouse. She recommended going out with a Request for Qualifications for consulting services to conduct scoping and budgeting to determine feasibility for the elevator project. It was pointed out funding needs to be in place before any design work is done. Wheeler felt the county had a good opportunity to receive state funding to assist with elevator installation, and understands the state would make those decisions in July.

Myers referred to the state assessment of the building conducted in 2008 that recommended replacement of the building. He pointed out that any money provided by the state to improve the current building makes it less likely the county could receive any help with building replacement in the future. Myers felt in 20 years we would be past due for a new building. Wheeler didn’t think the county agreed with complete replacement in 2008, as recommended by the state. But, the state Facilities Report is now prioritizing safety and security as the highest need and Grant County is not placed at a high priority. AOC would be using the counties’ criteria to make a recommendation to the Chief who will ultimately make a decision as to what projects get funded in the future. Labhart suggested that AOC Director Mike McArthur visit the Courthouse when he’s in town next week — to see the current condition for himself. AOC will be communicating with the legislature about Courthouse Facilities at the next legislative session.

Wheeler asked about timing for the window replacement and HVAC projects. Myers explained we need to be able to show OTEC that our primary source of heating and cooling is electric. So, if done in the same year, it would not matter which is done first. However, if completed in different calendar years, window replacement would need to be completed first. Myers remarked about timing in the year (for weather) and office functioning associated with whether or not HVAC or windows are done first. Myers felt, it the elevator will be sited on an exterior wall then we will need to know that before window replacement. Wheeler said, if the committee recommends the window project and we’re not looking at a rebate from OTEC, then we could move forward with the windows. If that’s the case, Myers could contact Mr. Rink (the Architect who assessed the window replacement) to determine if that process can be done in stages (one wall at a time). He noted that low-e windows would be best on sides with the most sun exposure. Labhart expressed concern about air movement in the DA’s office. He wanted to move on with the improvements, and also favored taking advantage of OTEC’s energy rebate — if we have the funds to do so.

Since the mini-split HVAC system is installed in our Circuit Courtroom, Kathy Stinnett was curious about Wheeler being told by a contractor the proposed mini-split HVAC in Harney’s Courtroom could not be done without engineering and duct work. Stinnett recommended that the final decision be re-confirmed with current information from a HVAC contractor. She thought installing mini-splits in the basement and main floor would present other issues – than the upstairs did with access to the roof. Labhart wanted to see an up-to-date HVAC contractor give us a new assessment before moving forward with mini-splits. In the past, Britton had asked MD Enterprises to informally assess the possibility of installing HVAC at the Courthouse. It was suggested that we have another professional come back again and re-assess the possibility of installing mini-splits throughout the Courthouse.

Britton still felt our priority should be an elevator; he wanted to move ahead on it with the assistance of Sue Newstetter. Wheeler pointed out that our response to the state is written with the elevator as a priority. She hoped to be ready to go with an elevator project once the funding decision is made. Wheeler said this was an opportunity to have 50% of the project cost paid with state funds. It was noted that once a certain dollar amount of upgrades is reached, that triggers compliance with other building codes. Wheeler felt this was why we need experts in place making these professional decisions for us. 11:30 am — Dean Hoodenpyl and Brenda Percy entered

PAROLE & PROBATION OFFICER. Community Corrections Director Dean Hoodenpyl and Personnel Manager Brenda Percy presented the Adult Parole & Probation Officer job description adopted July 2012, a revised Adult Parole & Probation Officer job description, and proposed Interdepartmental Vacancy Notice for consideration. This recent revision was formatted to include a Job Summary, Accountabilities, Qualification Standards, Essential Functions, Supporting Activities, and an Acknowledgment page. The revision was modeled after similar jobs in other counties and job duties were updated to more closely reflect the position. Hoodenpyl felt LGPI should be asked to review and approve proposed changes to educational requirements and (non) supervision of staff. He asked for approval to distribute the Interdepartmental Vacancy Notice with a salary range from $3,692.00 to $4,214.00 due to the unknown placement by LGPI. Some discussion followed about the time allowed to acquire the required DPSST certification. MSP: Myers/Labhart — to accept the changes to the Parole & Probation Officer job description and submit it post-haste to LGPI.

11:45 am – Labhart left to attend a noon meeting of the LCAC

COMP TIME PAY DOWN. Clerk Brenda Percy asked for and was given permission to have 12 hours of comp time retained on the books for a Sheriff employee to maintain insurance benefits for the July pay period.

530 E. MAIN. The court acknowledged a letter received from Training & Employment Consortium notifying the county it will be installing carpet at their own expense in leased office space at 530 E. Main, in John Day. Installation by Mosier’s Home Furnishings will be done tomorrow at 9 am. Myers reported that supervised Community Services Workers are scheduled to be on site to assist in removing desks, etc. and then replace those items later that day. Myers plans to be there to assist with this project. MSP: Britton/Myers — to send a letter of thanks to TEC for installing and paying for carpet in leased space at 530 E. Main, No. 5 in JD.

COMMITTEE APPOINTMENTS. The court made the following appointment of volunteers to fill vacancies on county boards and committees —

Library Advisory Board. MSP: Britton/Myers — to reappoint Marlou Fronapel to the Library Advisory Board for a term expiring June 30, 2018

Road Advisory Board. MSP: Britton/Myers — to reappoint John Eley and Bob Stewart to the Road Advisory Board for terms to expire June 30, 2017

Senior Citizens Advisory Council. MSP: Britton/Myers — to accept the resignations of Anita Princehouse and Richie Colbeth from service on the Senior Citizens Advisory Council and send the appropriate letter of thanks for their service.

Transient Room Tax Review Committee. MSP: Britton/Myers — to reappoint Bob Quinton and Kathleen Lee to the Transient Room Tax Review Committee for a term expiring June 30, 2016

MENTAL HEALTH FUNDING. The court signed Amendment No. 5 to Oregon Health Authority Agreement No. 141411 for Financing of Community Addictions & Mental Health Services to add funds for problem gambling local administration, treatment and prevention services. MSP: Myers/Britton — to authorize Judge Myers to sign Amendment No. 5 to OHA Agreement No. 141411 Financing Community Addictions & Mental Health Services.

BUDGET RESOLUTIONS. The court signed Resolution 14-23 Making a Cash Loan of $11,000.00 from General Fund to Fair Fund because the fair will receive the balance of fund raising events revenue in July, Resolution 14-24 Making A Cash Loan of $17,000.00 from General Fund to Domestic Violence which is a reimbursement grant and will not receive reimbursement revenue until July, Resolution 14-25 Making A Cash Loan of $5,000.00 from General Fund to Senior Citizens Fund because state grant revenue for May and June will not be received until July, and Resolution 14-26 Adopting the Annual Budget, Imposing Taxes and Making Appropriations for Fiscal Year 2014-2015 for Grant County, Oregon in the total amount of $24,860,548.00.

JULY 2 MEETING. The court considered cancelling the July 2 meeting due to the July 4 holiday. Earlier, Labhart said he was in favor of cancelling this meeting. MSP: Myers/Britton — to cancel the July 2 meeting with an option to call a regular meeting, if necessary.

12:00 pm – Adjourned

Respectfully Submitted, Mary R. Ferrioli / County Court Secretary

To access County Court Minutes from 2009 to present go to the County Commissioners page at www.gcoregonlive2.com.

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