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County Court minutes 04-23-14

Published on April 30, 2014 11:03AM


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, and Brooks Smith. A Pledge of Allegiance was given to the United States flag. The invocation was given by Commissioner Britton.

CLAIMS. The court had approved claims and Extension District Warrant Nos. 139 to 147.

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

9:05 am – Dave Traylor and Hal Smith entered


Myers reported on his attendance last week at the Upper South Fork John Day River Watershed Council meeting at Izee. Members of the Road Department also attended to address a culvert issue. Tomorrow he will attend the Tabletop Exercise at Blue Mountain Hospital and meet with Bisnett Insurance agents and the Sheriff to review and update the county’s policy.

Labhart had lunch at the senior center in Prairie City last Wednesday and attended a hospital board meeting on Thursday. Monday he attended the Budget Committee meeting and had lunch at the senior center in John Day. Today at noon he has an LCAC meeting at the health department and will attend the candidate’s forum in Canyon City this evening. Thursday he will drive the VA van to Boise. Friday he will judge senior presentations at the high school and attend Representative Greg Walden’s round table in John Day. Sunday through Wednesday he will be leaving Saturday to attend a hospital conference in San Diego so will be absent for next week’s court meeting. Labhart planned to attend the RAC meeting on May 9 in La Grande.

Britton reported on the proposed restructuring of The Oregon Consortium / Training & Employment Consortium organization involving Region 13 & 14 for 6 eastern Oregon counties. The TEC board will be strongly suggesting those counties form their own regional organization. Yesterday, Britton attended a meeting in Bend organized by the Governor’s office to review and discuss issues related to the potential listing of the Sage Grouse. He will attend the candidate’s forum in Canyon City this evening.

9:15 am – Jim Sproul and Greg Jackson entered

MINUTES. MSP: Britton/Myers -- to approve the April 16 minutes as amended – except for the Jail Nursing-Medical section that Britton will confirm after listening to the audio recording.

PUBLIC COMMENT. Dave Traylor was present to report a problem with litter being caused by those going to the dump with uncovered loads. He understood the Transfer Station operator is authorized to charge a penalty fee for uncovered loads, but it is not being enforced. Traylor felt an Ordinance or something stronger needs to be done that can take care of this problem. He suggested that warning signs be placed on Hwy 26 at Luce Creek Road and at the Transfer Station entrance. Myers offered to first have a conversation with the operator about the situation. Sheriff Palmer said that Ordinances are used for littering on the west side of the state.

9:20 am – Drew Harmer and Glenn Palmer entered

Later, Greg Jackson had been invited to comment. He was here because of what he read in the newspaper about the Sheriff’s plan to have 20 to 25 deputies volunteer to be his “eyes and ears” on the public lands and to take down vehicle license numbers, etc. Jackson encouraged the court not to support this action and would also talk with the Sheriff about it privately. Labhart encouraged Jackson to speak with the Sheriff in private.

Palmer took this public opportunity to explain the training program and parameters he has set for the volunteers (no badges or firearms will be issued). He said the program was not new; it was modeled after what Umatilla County is doing and is similar to Neighborhood Watch. Palmer didn’t see this as a situation that could place anyone at risk. Jim Sproul talked about a Sheriff’s livestock patrol that existed several years ago. He felt what Sheriff Palmer is doing was an excellent idea that would not present a liability. Palmer said this program was not to be adversarial with the Forest Service or do anything that would bring grief on the county. Myers explained that Palmer was looking into the liability issue by sending his written policies to our insurance company. Labhart understood that he and many Grant County people would normally say something if they happen to see wrong-doing.

Hal Smith wanted to know what the identified need is and why volunteers are deputized. Sheriff Palmer replied that deputizing volunteers would allow those individuals to do what he is asking them to do. He explained the authority and power he has to deputize people to do his job (such as for Search & Rescue). Palmer mentioned the access he has to the forest (as Sheriff) and believes deputy status would protect volunteers from federal citations / violations. He said deputies provide the assistance he needs because he doesn’t have the staff or budget to do what he should be doing off the forest, let alone on the forest.

Britton asked Palmer if he would consider deputizing the federal LEO. Palmer said no.

Dave Traylor supported the Sheriff deputizing volunteers on the forest. He thought most citizens would not look the other way, but would report something they see that’s going wrong.

9:30 am – Dean Hoodenpyl entered

PUBLIC HEARING. At 9:30 am the court held a public hearing to consider an Ordinance Declaring a Moratorium on Medical Marijuana Facilities, and declaring an emergency. The ordinance is based on SB 1531 passed during the 2014 Oregon Legislative Session which permits local jurisdictions to enact a one year moratorium on medical marijuana facilities within their jurisdiction beginning May 1, 2014. Myers recited Ordinance 2014-02 in it’s entirely. Sheriff Glenn Palmer and Community Corrections Director Dean Hoodenpyl were present along with a few other interested citizens.

During the hearing proceedings Myers requested three separate rounds of proponent and opponent testimony; neutral testimony was also invited.

Proponent Sheriff Palmer voiced support of the ordinance and said many other Oregon Sheriffs support it. He provided background on the abuse of medical marijuana laws, illegal marijuana grows on public lands and other activities that law enforcement takes action on for the health and safety of citizens.

Neutral participant Jim Sproul asked for and received clarification from Myers on the purpose of the one year moratorium that would expire May 1, 2015. He suggested that the ending date be eliminated according to the Oregon constitution so the moratorium can be permanent for our county. It was explained the county’s actions must follow the legislation recently passed by the Oregon legislature.

Proponent Hoodenpyl favored the ordinance and concurred with the Sheriff’s comments. He said his role is in supervising the people who violate the growing medical marijuana according to federal law.

Proponent Dave Traylor was in favor of the ordinance. He said our biggest cash crop was once livestock and trees, but now marijuana seems to have taken over the state as the biggest cash crop. He was glad to see the county step up and take action.

Neutral participant Drew Harmer asked for and received clarification about opening medical marijuana dispensaries within all county zoning boundaries, or within cities that have passed this ordinance.

Proponent Hal Smith supported the ordinance due to the ongoing abuses of the medical marijuana laws.

No public comment in opposition to the ordinance was offered. MSP: Britton/Myers – to close the hearing and move to deliberations. Britton said he cannot believe that we’re being put in a position to have to do this. Britton felt the Oregon Legislature had put us in a bad position. Myers agreed it was a tenuous position to be in, but supports the ordinance in the interest of health and safety. Labhart favored the ordinance and proceeded to make the following motion. MSP: Labhart/Myers -- to read by title only Ordinance 2014-02 and circulate the ordinance for signature. Ordinance 2014-02 was signed by all court members. A copy will be given to the Oregon Health Authority (as required) and Grant County Planning before May 1.

At Britton’s request the public was given additional time for comment. See Page 2.

10:05 am – Sue Horn, Brenda Percy and Joe Hitz entered

CLERK. Clerk Brenda Percy said the lease on the current multi-function copier expires in May. She presented proposals from TEC Copier (Baker City) to purchase a Copystar CS 5551 multi-function digital system @ $10,931.00 (over 5 years) and from Ricoh (Bend/Boise) to lease an Aficio 5503 multi-function device@ $215.00 per month ($12,900.00 over 5 years). Percy explained Ricoh’s quote for a lease and per copy cost and TEC’s purchase price bid on a machine that has more options with the same per copy cost. She said at the end of 5 years we would own the TEC machine and would have the option to upgrade at that time. Percy provided information on the excellent technical assistance and quick service provided by TEC. She recommended the TEC copier due to the lower cost, travel distance for tech assistance, and their history of good service. Percy explained the variety of digital capabilities available now with this new equipment and the additional cost of monthly maintenance and supplies.

MSP: Britton/Myers -- to allow Brenda Percy to purchase today the TEC Copystar CS 5551 out of Baker City to be paid from the Equipment Reserve Fund in the amount of $10,931.00. Percy explained paper supplies by Quill, black / color per copy costs, plus primary use and shared cost of the machine by General Fund departments and charges to special funds through entry codes.

STOCKPILE AGGREGATE. Road Master Sue Horn presented bids received for the Smokey Creek and Deonier Stockpile Aggregate Project. Bid opening was conducted at 2 pm yesterday at the Road Department. Joe Hitz of Sisul Engineering was also present. Horn passed out copies of the Bid Tab / Schedule A & B for each quarry that details the bids from Winegar Excavating LLC, 4-R Equipment LLC and Taylor Northwest LLC. Horn and Hitz answered questions about the timing allowed for a bid response, price differences associated with drilling / mobilization / incidental costs, and location for rock storage. Horn explained that one week will be allowed for any challenge after the Notice of Intent to Award has been issued. MSP: Labhart /Myers -- to issue an Intent to Award the Smokey Creek Quarry Bid Schedule A in the amount of $122,500.00 and the Deonier Quarry Bid Schedule B in the amount of $181,200.00 to 4-R Equipment LLC.

SHERIFF’S COMPUTER UPGRADE. The court reviewed and approved the Sheriff’s computer network upgrade by ESD that includes a server, (5) Lenovo Think Centre computers with Windows 7, a Cisco managed gigabit switch, (8) Production Suite MS Office 2013, a Laserjet Printer for booking, and (12) Symantec Antivirus (leveraging the Courthouse infrastructure) for $9,016.49 plus $8,500.00 for software. The total cost would be $17,517.00. The proposal had recently been presented to the Budget Committee. Labhart believed the upgrade was needed ASAP from this year’s budget. Britton was in favor of the upgrade because the need is there. MSP: Britton/Myers -- to approve the computer upgrade for the Sheriff’s department by ESD as presented.

JUSTICE FACILITY ROOF. Court members reviewed for approval a proposal by Central Oregon Roofing (COR) to install a new roof over the kitchen and Salle Port with TPO reinforced single ply material for the Justice Facility for a total cost of $24,865.00. Myers explained these areas have never been repaired and were not leaking at the time the main portion of roof was repaired. He said there was damage to sheetrock inside the kitchen and is an immediate need. Myers remarked on the excellent job that COR has done in the past. MSP: Britton/ Myers -- to authorize Judge Myers to sign the proposal by Central Oregon Roofing for the Justice Facility kitchen / Salle Port roof repair in the amount of $24,865.00 as presented. Britton recommended that the HVAC units and air vents over the kitchen hood be thoroughly checked out before the roof repair is made.

RESOLUTIONS. The court reviewed and signed Resolution 14-10 Appointing a Budget Officer to Serve for the Grant County Extension & 4H Service District. OSU Extension Service Ag & 4H Faculty, Shanna Northway, would serve as the local budget officer for the district effective immediately. MSP: Labhart/Britton -- to sign Resolution 14-10 appointing Shanna Northway as Budget Officer for Grant County Extension & 4H Service District.

The court reviewed and signed Resolution 14-11 Appointing a New Alternate Justice of the Peace Pro-Tem. The resolution was necessary because former Alternate JP Pro-Tem Terry Farrell has resigned. JP Clerk Jamie McKay would serve as Alternate JP Pro-Tem for the duration of 2014. MSP: Labhart/Myers -- to adopt Resolution 14-10 appointing Jamie McKay as Alternate Justice of the Peace Pro-Tem.

The court reviewed and signed Resolution 14-09 Submitting the Oregon Department of Revenue Assessment & Taxation Grant Application previously requested by the Assessor.

MSP: Myers/Britton -- to circulate Resolution 14-09 for signature.

COMMUNITY COUNSELING SOLUTIONS. The court continued their discussion on an Agreement for Professional Nursing-Medical Services with Community Counseling Solutions to provide weekly services to inmates at the jail starting May 1. CCS Director Kimberly Lindsay previously provided a written response to the county’s proposal and spoke with the court last Wednesday about the availability of R.N. Lindsay Madden (and F.N.P. Karen Triplett) to provide the service for either 2 hrs, 3 hrs, or 4 hrs per week based on an hourly rate of $54.00. Lindsay had calculated the compensation at a flat rate of $468 (2 hrs), $702 (3 hrs), or $936 (4 hrs) per month. Today the court talked about revisiting the terms of the new (2 hrs per week) services agreement prior to October (6 months). All court members agreed that a review after 2 months time was best. MSP: Myers/Labhart-- to sign the Agreement with CCS for Professional Nursing-Medical Services with a 2 month review to make necessary adjustments, if needed. Attendee Hal Smith asked for and received information on the number of weekly hours, when the service is provided, and how medical emergencies are handled.

ZONE 1 AREA. Court members review and approved a Memorandum of Agreement with Oregon Department of Forestry establishing a Zone 1 area within Grant County. The new agreement term is from July 1, 2014 through June 30, 2015 at the same 30¢ per acre rate.

MSP: Britton/Myers -- to authorize Judge Myers to sign the Memorandum of Agreement with Oregon Department of Forestry establishing a Zone 1 area at the rate of 30¢ per acre for FY 14-15.

GEOGRAPHIC NAMES. Britton asked to discuss a geographic names proposal for the Monument area prepared by Gregg Smith which recommends the proposed names Elder Creek and Little Elder Creek. Labhart was in favor of the proposed names for the Monument area and pointed out that Britton had done an excellent at those meetings. The letter was subsequently signed by all court members and sent to the National Board on Geographic Names.

DONATION. Labhart wanted it publicly known that Swanson Bark Wood Products, Inc. made a membership contribution in his name to The USO in the amount of $563.34 in addition to their $436.66 reimbursement of costs for his round trip mileage, motel, and meals incurred while providing requested transportation from John Day to Longview WA on April 2.

10:50 am -- Adjourned

Respectfully Submitted,

Mary R. Ferrioli

County Court Secretary

To access County Court Minutes from 2009 to the present year go to the County Commissioners page “Archives” tab located at www.gcoregonlive2.com.


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