AUGUST 22, 2012

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 Mark R. Webb, Commissioners Scott W. Myers and Boyd Britton, Secretary Mary Ferrioli, County Commissioner Candidates Mick Dougharity, Chris Labhart and Mike Cosgrove, Chamber of Commerce Manager Sharon Mogg, Leon Skiles, and Rusty Iler. A Pledge of Allegiance was given to the US flag. The invocation was given by Mr. Iler.

CLAIMS. The court had reviewed and approved general and special claims.

AGENDA. Webb had received an email from Newstetter who is currently out of state. She asked to be present next week to discuss some issues about the Transient Room Tax Ordinance. Britton had talked with Newstetter and agreed with a one week delay on signing the Ordinance. MSP: Britton/Myers -- to accept the program with a one week delay on the Transient Room Tax Ordinance at the request of Sue Newstetter who asked to be present to discuss the issues. Myers felt Newstetter must have some reservations and favored giving her an opportunity to air her concerns. Webb believed there would be a more favorable outcome from the one week delay.


Myers would meet with Wallowa County Commissioner Mike Hayward this afternoon to tour the Grant County Fair as part of Hayward’s comparison study of eastern Oregon county fairs.

Webb reported on numerous meetings he had with the Forest Service, Collaborative Group and other relevant individuals over the Malheur Lumber Company closure. He addressed timber supply issues that have been talked about in the past. Last week he made a site visit with the Roadmaster to look at enhancements on Dog Creek Road.

Britton commented on his efforts to improve the mill closure situation. He had several lengthy conversations over the past few days with Susan Jane Brown, Malheur Lumber Company representatives, the Forest Service, individuals from the timber industry and environmental community, and legislators. Britton had a meeting with the public health staff this morning and planned to attend an American Forest Resource Council meeting tomorrow.

MINUTES. MSP: Webb/Britton -- to approve the minutes of August 15 as amended.

BMCC AGREEMENT. The court reviewed and signed the 2012-2013 Contracted-Out of District Agreement with Blue Mountain Community College to provide the following services: Adult Basic Education, G.E.D. preparation, Lower Division Collegiate, Occupational Preparatory, Occupational Supplemental and other reimbursable Adult Continuing Education. Total amount is $137,359.00

SAFETY-NET PAYMENTS. The court continued discussion on electing National Forest Safety-Net Payments for FFY 2012. Grant County’s share of the Title 1 Secure Rural Schools (SRS) payment is projected to be $5,593,241.00. The county must allocate not less than 15% and not more than 20% of the full amount for Title 2 and Title 3 projects. Last week the court passed a motion to allocate 20% of the county’s full amount to Title 2 and Title 3 projects. Of the 20% allocated to Title 2 and Title 3 projects, the county must allocate a separate percentage to Title 2 and Title 3, not-to-exceed 7% for Title 3. Court members decided to allocate 15% to Title 2 and 5% to Title 3. Myers estimated that 20% represents $1,118,648.20 with $838,986.00 going to Title 2 and $279,662.00 going to Title 3. The court allocated 100% to the Northeast Oregon Forest RAC. To document the County Court’s allocation percentages Resolution 12-44 Electing National Forest Safety-Net Payments for FY 2012 was signed by all court members.

9:30 am -- Shannon Springer and Roy Peterson entered

PUBLIC HEARING. At 9:30 am a public hearing was held to address petition ADD-12-14 submitted by Dan Olin to request that the name Arrowhead Road be assigned to a private road. Planning Secretary Shannon Springer noted that the petition was signed by both property owners on the road which serves three properties. This request had been reviewed by the Sheriff’s Office and 911 Dispatch and neither had concerns with the proposed name. Springer and Webb discussed the creation of the parcels and road right of way, and the historical use of Durst Road -- a county road. Webb was interested in knowing if earlier road issues had been resolved. Notice went to the Road Department, but Springer had not talked with Hensley about it. Springer noted that the petitioner wouldn’t be able to receive s final inspection on his house until an address is assigned. Webb said he would be speaking with the Roadmaster about the traffic at that location.

Webb requested public testimony three times, but none was given by those attending. Resolution 12-45 Naming a Private Road intersecting with Durst Road was signed by the court.

9:45 am -- Dean Hoodenpyl entered

COMMUNITY CORRECTIONS. Community Corrections Director Dean Hoodenpyl requested signature on Amendment 1 to Intergovernmental Agreement 4604 with the Department of Corrections. The amendment replaces the 2011-2012 Budget Summary with the 2011-2013 Measure 57 Supplemental Funds Intervention Program Budget Summary and provides a total of $80,081.00. Funds would be used for offender supervision, UA / MRT / administration costs,

Contract professional treatment services, and jail facility expense. All court members signed the amendment as presented9:50 am – Kathy Smith and Les Zaitz entered

FAIR BOARD CONTRACTING. Fair Board President Les Zaitz previously provided a draft resolution that would transfer some contracting authority for the fairgrounds to the Fair Board. Zaitz was present for the discussion. Judge Webb explained that legal counsel has approved the proposed resolution at a $25,000 contract limit for goods and services with the condition the board follows Oregon Public Contracting laws under Chapter 279(B). 070. Webb supported the resolution since legal counsel was comfortable with the dollar amount and contracting statute. Myers said he would follow legal counsel’s recommendation in this instance since the document is precise about which contracts the Fair Board would handle.

Zaitz felt that safe guards are in place. He said the board would only use legal counsel approved standard contract forms and would provide a copy to the County Court.

Britton did not support the resolution. He said he has full faith in the Fair Board, but thought the Contract Review Board should not abdicate its authority since it is ultimately responsible for liability. Britton said he had not seen any compelling evidence the court hasn’t been timely with the fair’s contracts. Zaitz thought the court would only be delegating its authority.

Webb believed that departments could take more responsibility than in the past, provided certain conditions are met. He believed the court’s responsibility is to assure that the people delegated to be responsible are knowledgable and accountable.

Treasurer Kathy Smith asked about ongoing review of the resolution, after the first year. It was noted that, if problems arise in the future, the court could sign another resolution taking back contracting responsibility. Resolution 12-46 Delegating to the Grant County Fair Board authority under the Local Contract Review Board to sign and execute certain contracts for the fairgrounds was signed by Webb and Myers.

ROOF REPAIRS. Court members discussed the idea of obtaining bids to make repairs to the Criminal Justice Facility roof as proposed by Sheriff Palmer. Judge Webb noted that problems have occurred in the past and Jail Manager Steve McGuire has been performing regular maintenance and minor repairs, but problems apparently still exist. Webb said yesterday he was informed there is also evidence of a leak in the ceiling at Justice Court.

Britton and Myers talked about possibly contacting the professionals who fixed the library’s roof to ask for advice and specifications for a formal public bidding process. Myers said a roofing contractor would be in the area for the Strawberry Village development in Prairie City and a roofing company has recently been at the Mormon Church. Treasurer Kathy Smith reminded the court the Criminal Justice Facility’s original building contractor made mistakes in the construction process, so as a result of litigation another contractor was required to replace the roof. But, the roof still seems to have leaking problems.

HEALTH DEPARTMENT. Community Counseling Solutions Director Kimberly Lindsay spoke with the court by phone to explain an OSHU Subaward Amendment that extends funding for FFY 2012 in the amount of $8,912.00 to support the health department’s CaCoon Program / home visit nurse. MSP: Webb/Myers-- to authorize Judge Webb to sign the OHSU Subaward Amendment for the CaCoon Program as presented.

Webb suggested that Lindsay be given authority to sign contract amendments for the Public Health Department without court involvement. Myers was in favor of Lindsay signing the amendments to current contracts, but not new contracts. MSP: Webb/Myers – to allow Kimberly Lindsay to move forward with the public health agreement. Lindsay understood that she would be allowed to sign amendments that come from the state, but not the initial contracts. Discussion followed about how contracts would be handled after the health department transfer to CCS. Since it looks like we’re going in that direction, Webb made the following motion. MSP: Webb /Britton -- to allow CCS to sign new contracts for public health and mental health programs, unless it obligates the county in a significant way with either revenue or expenses unanticipated for our budget. Britton was in favor of the motion since Lindsay has been doing a good job with mental health. He added that most state agreements are standard with little variation from year to year. Webb asked about any concerns Lindsay may have with handling public health and the transition as well as respecting court concerns about financial obligations. Lindsay said she’d respect whatever the court decides. She understood CCS would sign all of the contracts, but would still continue to come before the court to discuss any substantial increases in revenue and expenses until the transfer, and likely after too. Webb called the question. Myers voted no, because he believes Grant County contracts should be approved and signed by the County Court.

Webb brought up Tim Neilson’s request to modify his current Nurse Practitioner Services Contract. It was noted that, now, it seems Lindsay has authority to make contract changes. Lindsay explained the court does have the authority to undo any decision she makes until the transfer date. Lindsay recommended that she go ahead and modify the contract, but wanted the court to be aware there will be a cost increase with the higher pay rate. Webb wanted to know overall if the budget could handle the increased cost and facilitate the transition. Lindsay said it would impact the budget, but it’s hard to tell within the MCH budget how primary care does on its own i.e. whether primary care benefits the program or draws it down. She felt this additional cost would have an impact, but wouldn’t know exactly until those budgets are looked at more closely. Lindsay said it would be easier for the transfer if the primary care program is separated out within the MCH budget.

Lindsay asked for a decision on the transition date, either December 1 or January 1. She addressed the transfer of sick leave and vacation for public employees. Lindsay said CCS is agreeable with accepting the liability, like with the transfer of Center for Human Development employees. MSP: Webb/Myers -- to transfer all vacation and sick hours for the public health employees at the time of transfer. Britton appreciated the transfer of vacation hours and felt it was generous of CCS. Lindsay proposed January 1, 2013 as the transfer date and said the transferring employer needs to provide the original employee records to the receiving employer the day of transfer . It was noted the county should retain copies. Lindsay would be providing a copy of the public employees transfer statutes to the county. MSP: Webb/ Britton – to transfer county public health employees to Community Counseling Solutions on January 1, 2013. The court understood the liquidation of comp time with employees would be handled by Lindsay, and that it’s best to have it paid down as much as possible.

MONUMENT RURAL FIRE DISTRICT. Petitioners Leon Skiles and Roy Peterson had appeared in court today to discuss the results of last week’s final hearing. Webb pointed out that attorneys for the county and the petitioners continue to work on this issue. He reported the final list of property owners shows the 100% representation threshold has not been met, so that question would be on the ballot. Roy Peterson talked with the court about the need for additional changes due to Grant County’s Zone 1 lands, taxing for state fire patrol assessment, and some names on the map based on the original legal description. Peterson indicated that he is currently working with the attorneys on the ballot question for the November General Election.

10:55 am -- Adjourned

Respectfully Submitted,

Mary R. Ferrioli

County Court Secretary

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