COUNTY COURT OF THE STATE OF OREGON
IN AND FOR THE COUNTY OF GRANT
MARCH 15, 2006
Pursuant to notice made to the newspaper and radio station of general circulation throughout Grant County, and to persons on the Grant County e-mail list, a regular meeting of the County Court was held at the County Courthouse in Canyon City OR.
9:30 am -- Called to Order. Present were County Judge Dennis Reynolds, Commissioners Scott W. Myers and Boyd Britton, Court Secretary Mary Ferrioli, Treasurer Kathy Smith and Roadmaster Mark Hensley. -The Pledge of Allegiance was given to the US flag.
PROGRAM.--MSP: Reynolds/Myers - that the program be modified to include Items A(1) discussion on solid waste funding allocation and Item B(1) discussion with the Roadmaster regarding a new storage building at the Multi Complex Facility.
March 16, 2006 - Budget Committee Meeting No. 3
March 20, 2006 - Budget Committee Meeting No. 4
March 22, 2006 - Dick Creek Road Public Hearing at 1 pm.
March 16, 2006 - "It's Not Over Until It's Over" group would meet at the Senior Center at 7 pm.- American Forest Resource Council will present information on encouraging a Congressional review of natural resource management on the Malheur and Wallowa Whitman National Forests.
MULTI COMPLEX ROAD FACILITY.- Roadmaster Mark Hensley met with the court to discuss his proposal to construct a storage building along the east fence at the new Multi Complex Facility at the lower yard for storage of tires and steel. Reynolds explained that Hensley was in court today for a court decision before the Budget Committee meets tomorrow.
Hensley said the idea is not critical but cleaning things up would be a good improvement at the site. It was his intention to purchase materials and construct the building during times when the crew is not busy (just like the sand shed). Hensley suggested that it be pole building. A cost quote of $75,000 for materials and construction was previously received for a 40 x 80 foot four-sided structure with no floor or heat. He viewed this structure as being "of less importance" but said it would be locked.- Hensley reported that two more truck bays would open up if tires can be stored elsewhere.
Myers asked if a building existed at the old sight that could be torn down and moved. Hensley said that was not feasible.
Britton and Hensley talked about the public perception of the need to add another structure to this newly constructed facility. Hensley felt the same thing would probably come up on paving the parking lot and upgrading of the back lot they would like to do.- He believed the public would appreciate seeing a neatly kept facility. Hensley pointed out that additional cost was the reason the storage structure hadn't been included at the new site. enHhReynolds and Hensley talked about the chosen location of the storage structure -- next to the back door of the shop.- Structural options were addressed i.e. poles, steel, concrete. Hensley commented on the need to meet state requirements for the Fire Marshall and Building Codes.
Court members felt the structure should look similar to the new facility, rather than like an "after thought." Capital Improvement budget considerations were addressed regarding the disappearance of PL 106-393 funds. Reynolds felt that proper storage of tires and steel would be important in the long run. -Other discussion took place about storage for a few pallets of yellow paint. Hensley planned to look into costs for pouring the slab, masonry walls, and structural materials including setting the trusses. He wanted to look at completing the entire package for $75,000. Reynolds pointed out, the court chose the new facility structure type because of looks, life expectancy and ease of maintenance. The court suggested that the structure's location and door openings be further considered. The Budget Committee would consider the need for a storage structure that fits in with the entire complex.
FORMER ROAD FACILITY. Roadmaster Mark Hensley reported, at the former facility, there would- be excavation of about one foot around the slab. He added, it would be re-rocked and the dig-outs would be fixed. Reynolds explained, the next step would be appraisal then opportunities would be explored with individuals who have expressed interest so far. He added, at that time a decision would be made about offering the site as a whole with a minimum bid or enhancing its value by removing some of the structures and then auctioning it off. Hensley described details of the cleanup process he is conducting at the old site. Reynolds recommended that Hensley take care of DEQ concerns which are a high priority.
Hensley reported that Canyon City is considering paving Humbolt Street clear through from beginning to end. -He indicated that the city had concerns about the possible need for a sewer line across the road. Reynolds noted that the city is one of those expressing interest, but negotiations haven't taken place and he does know about those expectations. He also believed the property needs to be surveyed so the county has knowledge about the exact acreage.
10:05 am - News Reporter Scott Hensley and Fair Manager Stephanie Walters entered.
FAIR CONTRACT.- Fair Manager Stephanie Walters recommended approval of a Contract for Goods and Services Less Than $25,000 with Howell Rodeo Co Inc, of Veneta OR, to provide the Fair Rodeo stock on August 25 & 26 i.e. rough stock, team roping and steer wrestling steers, calf roping and breakaway calves, pickup men, announcer, NPRA judges and secretary, two bullfighters, clown, electronic timer and timekeeper. Walters reported that this contract is with a new stock contractor. She said the bid request went to all five NPRA stock contractors but only one other bid was received which was $50 higher than Howell's. She reviewed various elements of the contract regarding services to be provided, including Exhibits A and B. -Britton said he liked that imported hay is not coming into the county for the rodeo. Myers asked Walters how the cost compares to previous years. She replied, this contract was about $1,000 higher than last year. Walters commented on the Rodeo Committee membership and standard operations for stock contractors. MSP: Myers/Reynolds -- that we accept the terms and conditions of the Contract and circulate it for signature. -Some discussion followed about the new contractor's additional purses and the Request for Proposal process that was conducted. In response to Reynolds' question, Walters reported that bids were opened at the Rodeo Committee meeting. He spoke with Walters about a $50 split that may be challenged. Walters indicating that the other bidder had already been contacted. Reynolds and Britton spoke with Walters about the bid opening process. Walters asked for specific instructions to be written up for her concerning the RFP and bid opening process. Reynolds informed Walters that public contracting procedure is available to her in the state Attorney General's Model Rules on Public Contracting. -The contract was signed by all court members.
Walters and the court discussed future fair contracts necessary for the entertainment, fiddlers, clowns, music, etc. -Reynolds suggested sending any proposed contract to legal counsel Ron Yockim. Walters expressed concern about legal expenses related to contract review which have not been budgeted. It was pointed out that legal counsel has provided the county with standard contracts, such as the one used with Howell's.- It was explained that the vendor name and contact info, along with Exhibits A and B is all that needs to be changed. Reynolds understood legal counsel had provided contract forms for "Goods and Services Less Than $5,000" and 56;. . . Less Than $25,000," and that another form may be available to use for ". . Less Than $1,000."- Reynolds expressed his primary concern with making sure that contractors have appropriate licensure, workman's comp insurance and liability insurance.
10:25 am - Sue Newstetter, Bob Phillips, Emergency Management Coordinator John Boynton, Undersheriff Jim McNellis and Prairie City District Range Specialist Ted McArthur entered.
TITLE III. -County Title III Coordinator Sue Newstetter explained that she and Architect Peter Baer negotiated a Change Order with Bob Phillips on the Lake Creek Camp Lodge Remodel Project to extend the time until June 1, 2006 due to snow. MSP: Britton/Reynolds - that Judge Reynolds be allowed to sign the Change Order involving Team Phillips and Peter Baer.
Upcoming projects at Lake Creek Camp associated with the Master Plan were addressed. -Newstetter reported that the Lodge Remodel is underway, the Harney County Title III Project was completed (purchasing an emergency call system and enclosing pressure tanks), and the boys bathroom has been remodeled, re-roofed and painted. She explained that high priority projects for this summer have been identified as building new cabins, rehab of the girls restroom and relocation of the generator building. Newstetter noted that all activities have been approved by the Forest Service including the kiosk toward the front of the camp.- Newstetter pointed out, if this happens to be the last project, then it would leave Lake Creek Camp in good shape. She presented a proposed project budget (revised January 9, 2006) and asked for direction from the court about proceeding with the project. She recommended going ahead with a comprehensive project - while we have the money.
Budget review and discussion followed about the fire pit, work the Forest Service would do, demolition and construction within one contract, threatened and endangered species that is addressed in the Master Plan, concrete removal, rehab of the girls bathroom and re-siding due to bird damage (coordinated with the Forest Service), environment review and archeological concerns of the Forest Service, project completion by June 30, 2007, lodge rehabilitation and the planting of aspen trees. Newstetter explained the individual project stages over three years, pending funding, and her combination of major reconstruction to get more done and save money. She reported that water lines to the cabins could be done later with other funding. Although, addressing water lines may be required at some point during this project. The Architect would act as Project Coordinator (on-the-ground) while Newstetter would handle administrative coordination. Newstetter reported, the architect has 10 site visits planned and would be on site once every two weeks.
Summer occupancy plans and timing for project activities to accommodate use of the camp was addressed. Newstetter reported that bids wouldn't go out until the camp can be opened, possibly in June.MSP: Reynolds/Britton -- that we proceed with implementation of FY 06-07 project work as presented, consistent with the discussion.- Newstetter recommended approval of a draft AIA contract with Peter Baer in the amount of $48,800 for continuation of the project as well as pertinent information from the Public Contracts Manual.- Reynolds clarified that architectural fees are a percentage of the overall cost. Newstetter reported, the Lake Creek Camp Board approved the Lodge Remodel Plan as contained in the overall Master Plan. -Discussion followed about characteristics of hardy-board siding (concrete and wood) that looks like board and bat upon completion. It was noted, all buildings would tie-in with the lodge design. MSP: Britton/ Myers -- that Judge Reynolds be allowed to sign the AIA contract with Peter Baer when it is available. -MSP: Reynolds/Myers - that the Public Contract Manual explanation be made part of the public record.
11:00 am - Bill Harrington entered.
Newstetter recommended approval of the proposed Title III project "Allotment Administration and Environmental Analysis Data Collection," as a forest-related educational opportunity that is established and conducted during after-school hours. Newstetter explained, the project would utilize University of Idaho college student Lindy Black, who graduated from Prairie City High School, to help conduct data collections for an Environmental Assessment on the Malheur Basin Grazing Allotments on the Prairie City Ranger District during summer breaks in 2006 and 2007. -It was noted that the PC Ranger District will provide supervision and training while a vehicle, training oversight and miscellaneous needs will be provided directly by the Forest Service. Newstetter said the outcome would be a map of existing rangeland conditions on the Malheur Basin Allotments, and the student would learn components of the process such as plant community identification and mapping, production estimation, animal behavior, GIS mapping and GPS operation. Total budget amount was $18,200. Newstetter explained that the Forest Service would provide a Collection Agreement associated with this project, hopefully at the end of the 45 day comment period. It was felt the student's salary would include the payroll burden. Student Supervisor Ted McArthur talked about the student's work schedule on the project as well as plans for training and meeting attendance. He explained the tasks the student would conduct thereby gaining experience. It was pointed out that the student plans to return to Grant County to begin her work career. MSP: Reynolds/Britton - that we proceed with authorizing a 45 day comment period for this Title III proposal as presented. Newstetter said the notice would appear in next week's paper and the 45 day comment period ends May 5.
Newstetter updated the court on her work with the Soil & Water Conservation District weed program involving a potential education piece that my fit into Title III; however, on-the-ground implementation falls under Title II. -She reported on letters going out to Nick Sheedy about cancellation of the Little Canyon Mountain Documentary Film Project and to the Forest Service about the need to provide financial information on the Canyon Creek WUI Project that was previously requested by Newstetter. She added, the ODF GIS Project Comment Period closes April 7 and she plans to come to court April 12.
MENTAL HEALTH BIENNIAL PLAN.- Mental Health Director Bill Harrington recommended approval of the 07-09 Biennial Plan for the Center for Human Development required by the Office of Mental Health and Addiction Services. It was noted that a filing extension to March 16 had been granted. He reported, the Advisory Board approved the plan at their March 9 meeting. Harrington reviewed contents of the plan such as contact information, linkage to the hospital, secure transport and hold room, high-priority needs, increasing the number and consistency of evidence-based practices, community education about the organization, services coordination with child welfare, confidentiality policies, funding restrictions for sex-offender and batterer treatment, subcontracting programs to another non-profit, allocation of resources, prevention and gambling services, gender issues, and mental health services to children and senior citizens. -Harrington planned to make a few wording corrections, add court comments made today, secure appropriate signatures, and submit the plan by the March 16 deadline. ---MSP: Britton/Myers -- that Judge Reynolds be allowed to sign the Biennial Plan when available.
11:30 am - Bruce Makela entered.
VETERAN SERVICES EXPANSION. Veteran Services Officer Bruce Makela recommended approval
of the Veteran's Outreach Expansion Program Plan to be submitted to Oregon Department of Veterans Affairs. Makela and the court reviewed components of the expansion plan i.e. personal services, advertising, outreach travel/training and expenditure of state funding in the amount of- $15,100 per year.
BUDGET RESOLUTIONS. -Court members reviewed and signed Resolution- 06-07 Making Transfer from Contingency, Fair Fund, in the amount of $700 to purchase a used kitchen stove for use in the Pavilion and Resolution 06-08 Making Budgeted Transfers from Road to School Forest in the amount of $1,250,000 and from Road to Cities-Streets-Bridges in the amount of $1,750,000.
12:00 pm - Lunch Recess. At 1:15 pm the meeting reconvened. Present were all court members, the Court Secretary, Charles"Lamar" Hill, Will Brown, and News Reporter Scott Mallory.
MEASURE 37 CLAIM. -Court members addressed Application M37-05-04 filed by Charles"Lamar" Hill on November 21, 2005, a claim for compensation in the amount of $2,923,200 under the provisions of Measure 37 that was passed in November 2004. -Planning Director Hilary McNary was present via telephone conference. Claimant Charles Lamar Hill and his realtor Will Brown were also present. McNary reviewed her staff report submitted to the court on this matter including specifics of the claim, history of the property, changes in zoning laws over the ownership period and amendments to the Land Development Code, statutory provisions restricting development, and unknown impacts associated with the ownership transfer to an irrevocable trust. Reynolds clarified that Hill is the applicant, not the trust. It was noted that the claimant has not filed a claim with the state, which could have been done simultaneously with the county filing. McNary indicated that May 20, 2006 marks the end of the 180 day decision period.
Reynolds clarified with McNary that the Comp Plan was deemed acceptable by Department of Land Conservation and Development in 1986. Similarities between the EFU zone and the MUR zone within Grant County were discussed. -It was noted, the county has a copy of the deed transferring the property to the trust, but not the trust document. Reynolds pointed out, in a previous Measure 37 Claim the county obtained a copy of the irrevocable trust to determine a clear line of vested interest.
In response to the court's question about the claim payment amount, McNary explained according to her interpretations, the higher amount would be paid because the highest and best use of the property can be claimed. However, she added, an independent appraiser would first determine if the property was capable of supporting all of those 5 acre parcels. McNary recommended that legal counsel review the claim and irrevocable trust to determine the current status of ownership. She also recommended that Mr. Hill file his Measure 37 Claim application with the state.
Reynolds felt the county had a complete file on this claim, except for the trust document. Reynolds asked Hill for additional information that he would like to provide, but he had none personally. Realtor Brown reported that the comparable value of the property has increased by $200 per acre over the past two years.
He provided the court with a copy of the new comparable sales sheets.
Reynolds asked Hill if he would be willing provide a copy of the trust to the Planning Department. Hill agreed to do that. MSP: Reynolds/Myers -- that we take the advice of our Planning Director and submit a copy of the claim with a copy of the irrevocable trust and new comparables to John Junkin for his review and recommendation. McNary indicated that she would follow through with the Planning Secretary on sending this information to Junkin then look forward to a conference call with land use counsel.
INSURANCE AGENT OF RECORD.-- The court discussed a plan of action for selecting the county's Insurance Agent of Record for three fiscal years. On March 1, 2006 court members conducted interviews with licensed agents representing Bisnett Insurance and Hudson Insurance, both of John Day.-- It was suggested that clients served by the agencies be contacted to determine their level of satisfaction with the delivery of insurance services. Reynolds placed a call by speaker phone to the City of John Day and spoke with Recorder Anna Bass who gave a positive report about Bisnett Insurance. Bass was pleased because the agent was available in a timely manner when requested and their paperwork was well-reviewed and kept in order. She added, the city hasn't had the need to do an inventory in the last five years. Then, Reynolds placed a call by speaker phone to the Town of Canyon City and spoke with Tammy Bremner who also gave a positive report about Hudson Insurance. Bremner reported, Canyon City has been happy for many years with Hudson's services and rates. Reynolds and Bremner talked about how Hudson handles regular inventory changes. She said that an insurance claim hasn't been made for several years.
2:15 pm - Treasurer Kathy Smith and Assessor Lane Burton entered.
The court concluded, after obtaining references from the cities, that it doesn't know any more than before (to help make a decision). Britton suggested, for the sake of continuity, that the county remain with Bisnett. Reynolds agreed, because Bisnett is currently involved with ongoing insurance issues with the county. Myers said he has had personal experience with Bisnett which has been positive. -MSP: Britton/Myers -- as long as the Agent of Record remains the county's contact, and does what the county asks them to do, that we accept Bisnett Insurance. -It was pointed out that the county would like to have an updated inventory and a regular meeting with Reynolds or Smith to keep in touch about changes. Treasurer Smith felt it would be beneficial to stay in touch with the insurance company on a monthly basis to keep track of departmental activities as they occur. Smith believed the departments also need to be brought up to speed on procedure for communicating with the insurance company. -Some discussion followed about an uneasy feeling with asking the current agent (after the interview) to provide additional services to the county.
SOLID WASTE FUND. -Britton proposed to transfer some Solid Waste Funds to the Courthouse Reserve Line and a General Fund County Court Personal Contract Services Line. He felt it may be wise to provide some consultative assistance to the new court after it takes office in January, if needed. Assessor Lane Burton said it was a good idea, and maybe his department could also use that individual. Reynolds said he would like to know what liability may be associated with transferring the Solid Waste Funds. -The decision would be necessary today so the Budget Committee can address the issue tomorrow.
Reynolds provided the News Reporter with background on the generation of dollars in the Solid Waste Fund, based on Transfer Station fees, to cover costs associated with tracking, maintenance and liability related to the Closed Hendrix Landfill. Britton believed, if there ever was a problem with the landfill $160,000 would probably not meet the need. Treasurer suggested, if there is no liability then the fund should be closed. -Britton intended that the Solid Waste Fund be retained, with a portion of dollars made available for the previously stated purposes. Reynolds reported, the fund started with $100,000 eleven years ago which has accrued $60,000 since then. Smith reported, permit fees are all that is being paid with the fund. Reynolds indicated that, technically, a portion of our insurance fees should come from the Solid Waste Fund.- It was agreed that further discussion would be delayed until Reynolds has a chance to speak with DEQ representative Susan Christensen about liability issues.
Later, the court spoke with Christensen by phone about liability for the county-owned closed landfill. She indicated that the county's liability remains into the future associated with development on the site or groundwater contamination. But, Christensen believed it was safe to assume that contamination problems are unlikely due to the county's geology in that area.
MINUTES.--MSP: Brittan/Reynolds -- that the March 8 Minutes be approved as presented.
3:45 pm --- Adjourned
Mary R. Ferrioli
County Court Secretary