County Court of the State of Oregon s3

IN THE COUNTY COURT OF THE STATE OF OREGON

IN AND FOR THE COUNTY OF GRANT

JANUARY 15, 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, Reverend Flora Cheadle, Cheryl Sprauve, Hank Lissman, and Hal Smith. A Pledge of Allegiance was given to the United States flag. The invocation was given by Reverend Cheadle.

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

ANNOUNCEMENTS. Myers attended a Northeast Oregon Housing Authority quarterly board meeting in La Grande yesterday. The Housing Authority is building a new 38-unit development in Island City where housing is lacking. Myers announced that tonight’s Grouse Mountain State Park Task Force meeting will be cancelled due to an unplanned absence of at least three members. Myers reported that Larry Blasing may have a draft letter on Wyden’s eastside forest bill next week.

9:05 am -- Sharon Mogg entered

Labhart drove the VA van to Boise and attended a Library Advisory Board meeting last Thursday. He participated in an AOC Veteran’s Committee teleconference and a AOC Public Lands Committee teleconference Monday. He plans to drive the VA van to Boise on Thursday.

Britton reported on the current status of the Hastings bill that is related to the Walden-DeFazio bill. He plans to travel to Salem to meet about proposed legislation on biomass this Friday. This morning, he has been asked to testify by phone at a State Senate committee hearing.

CELL PHONES. Britton apologized to the court for texting during last week’s meeting. He proposed that the court eliminate the use of cell phones during courtroom proceedings by court members and attendees from now on. Labhart said he keeps his calendar on a cell phone and would like to be allowed to refer to that when necessary. Myers suggested that notice be posted so the public is aware of that restriction.

9:15 am – Kathy Smith and Jim Sproul entered

MINUTES. MSP: Myers/Labhart -- to approve the January 8 minutes as presented.

PUBLIC COMMENT. The public was given an opportunity to comment. None was offered.

COLLEGE ADVISORY BOARD. The court considered a request by Grant School District No. 3 Superintendent Mark Witty to fill a vacant ex-officio position on the College Advisory Board. MSP: Britton/Myers -- to appoint Mark Witty to serve on the College Advisory Board as an ex-officio member.

GRANT COUNTY COURT MINUTES JANUARY 15, 2014 APPROVED 1 DEPOT PARK. The court reviewed and signed a letter authorizing Prairie City to submit an Oregon Department of Water Resources Ground Water Application for Depot Park on behalf of the county. On September 25 the court approved the application to be completed and submitted by Prairie City. A formal letter from the court was needed as an attachment to the application. MSP: Myers/Labhart -- to authorize Judge Myers to sign a letter authorizing Prairie City to submit a Ground Water Application for Depot Park on behalf of the county.

9:20 am -- Mark Webb and George Meredith entered

FAIR CONTRACTS. The court reviewed and signed Professional Services Contracts with Cascade Amusements and Frederick Perez to provide entertainment at the 2014 County Fair as provided by the Fair Manager. MSP: Labhart/Myers -- to enter into a contract with Cascade Amusements for August 6 – 9, 2014 and August 5 – 8, 2015 as presented. MSP: Labhart/ Myers -- to enter into a contract with Frederick Perez (and sign it) once spelling of the name has been corrected.

9:25 am – Larry Pierce and News Reporter Scotta Callister entered

SILVIES VALLEY RANCH. The court considered signing a revised letter provided by Fulton Business Services, of Burns, concerning the new Silvies Valley Ranch (SVR) proposal to site a DEQ approved Solid Waste Landfill & Recycling facility on ranch property. According to Fulton, the first site was declared to be unsuitable for use as a SWL; however, a new parcel of land that is suitable for a SWL has been located (as described in the letter). Therefore, a new letter of support for the SWL was needed for the SVR to apply for a Conditional Use Permit from the Grant County Planning Department. MSP: Labhart/Myers -- to approve the revised letter of support for the Silvies Valley Ranch proposal to site a DEQ approved Solid Waste Landfill & Recycling facility as presented.

9:30 am -- King Williams entered

TRANSIENT ROOM TAX. Mark Webb had asked to discuss a Transient Room Tax penalty payment that he understands is still due to the Chamber of Commerce. In August 2009 the delinquent $6,654.86 Little Pine Inn TRT penalty and interest was collected and deposited in the General Fund. At the court’s May 26, 2010 meeting, Webb made a motion that passed -- to divide the total in half and round it to $3,300.00 and give it to the Chamber. Over the next three years Transient Room Tax issues were discussed at several court meetings, but no decision was ever made about releasing any additional funds to the Chamber. Webb provided background on the issue that occurred during his service as County Judge. Webb said after the revised Ordinance was passed in 2012, he recalls discussing giving funds to the Chamber with several people. He has also asked Assessor Burton to approach the court about addressing the issue, which was done on October 16, 2013.

Webb thought this pending business would have been taken care of by now. He asked the county to withhold $1,200.00 to cover the county’s cost and pay the balance to the Chamber of Commerce. He understood his previous unilateral agreement on this may have been one of those he made outside a court meeting. Myers clarified statements in previous sets of minutes to which Webb had referred. He also noted that the money is not due until the first official reporting by the Chamber which is yet occurred. Myers wondered if anything had changed in the mind of Commissioner Britton or Treasurer Smith. Britton asked Treasurer Kathy if she recalls any of the conversations, since they have similar concerns. Smith said she’s only familiar with GRANT COUNTY COURT MINUTES JANUARY 15, 2014 APPROVED 2 court discussions reflected in the minutes. She asked for and received Webb’s explanation of his original intention to keep $1,200.00 as opposed to the county keeping 5%. She clarified that Webb suggests going back to the $6,654.86 then taking $1,200.00 from that amount. Now, he’s talking about 95% because that is spelled out in the agreement. Chamber representative Sharon Mogg was present to confirm that 5% retained by the county was clearly within both the old and new Ordinances. Smith noted that all money, whether tax or penalty, now applies to the 95%-5% split. Labhart asked Mogg how much legal cost the Chamber incurred for the Ordinance. Mogg said it was close to $10,000.00 and added that the majority of operators are now in compliance. Labhart confirmed that both Webb and Assessor Burton are encouraging that penalty funds should be passed to the Chamber. TRT Review Committee representative Larry Pierce was present. He didn’t understand why the Chamber had not received their 95% previously. Webb encouraged the court to release the funds, minus the $1,200.00 originally held back to cover the county’s legal costs.

9:45 am – Larry Blasing entered

In response to Webb’s inquiry, Treasurer Kathy reported that $3,354.86 is the remaining balance of that account. She asked if the court wanted to go with retaining the original $1,200.00, or the 5% rule which would make it $332.75 for the county’s share.

Webb pointed out that Assessor Burton had been satisfied with keeping the $1,200.00 amount. He suggested that the county retained that amount. Mogg said she would be happy with any amount the county passes to the Chamber. Myers and Mogg talked about the ambiguity which existed regarding the tax penalty which is now considered part of taxes received. Britton agreed the penalty was received within the confines of the 2005 Ordinance. He previously suggested the county hold the $3,000.00 amount to cover its costs, if the county had to take the county back, because the county is ultimately responsible for the program.

9:50 am – Britton briefly left the meeting to accept a phone call about the time he would be expected to testify at a committee hearing in Salem.

There was some discussion about the new Ordinance taking effect when it was signed in 2012 while this action would relate to the previous Ordinance that was in effect at that time (2006). When Britton returned to the meeting he said he was looking out for the county’s interest. He intended to not vote on this because he did not want either Mark Webb or Sharon Mogg to think there were repercussions for their stand on the Grouse Mountain State Park issue. Webb and Mogg said that wasn’t a concern. Britton stated that he would vote.

Webb didn’t think the county had a legal basis to withhold money, other than what is stipulated in the Ordinance. Britton also pointed out there’s no legal basis to allocate those penalty funds. He understood a certain amount of time would pass where the county holds the funds until a formal report is received from the Chamber. Webb didn’t think that was a condition of the Ordinance, so the court would not have legal standing to make that condition. Britton pointed out it was the Chamber’s free choice to decide to spend their money on legal fees. Webb felt legal fees were not an issue from the county’s perspective. Myers proposed a compromise as follows: MSP: Myers/Britton -- to retain 5% of the $6,654.86 or $332.75, and surrender the rest to the Chamber in the next regular claims cycle. Britton said that was an admirable motion, but had no more legal basis than withholding $3,330.00. During discussion Labhart agreed with Mr. Sproul, that we honor the Ordinance by retaining 5% of the penalty & interest.

GRANT COUNTY COURT MINUTES JANUARY 15, 2014 APPROVED 3 The question was called. Britton voted no; he wanted to wait until he sees the report from the Chamber in March, as previously agreed.

Mogg stated that her intent is to resign from the Grouse Mountain State Park Task Force due to comments made by Mr. Britton this morning. She said there was no place for him to bring in her Grouse Mountain Task Force work, and her feeling that perhaps he would hold something against her because of the Chamber’s position. Mogg felt it was completely and utterly inappropriate, in her opinion. Both Labhart and Myers encouraged Mogg to wait 24 hours before taking action on that intention. Myers noted that the county would not accept her resignation until a letter has been received by this office.

10:00 am -- Dean Hoodenpyl and Nate Hughes entered. At that time Britton left the meeting to accept a conference call for the purpose of testifying at a Senate Rural Communities and Economic Development Committee hearing.

JUVENILE COUNSELOR. Juvenile Director Dean Hoodenpyl requested approval to replace the Juvenile Counselor’s computer with a Lenovo ThinkCentre Desktop / Windows 7 Professional. He explained that the current computer has problems downloading programs needed to operate the Juvenile Justice System maintained by Oregon Youth Authority. Cost quotes were provided from Newegg.com @ $514.88; Quill @ $538.99; and ESD @$565.00. Hoodenpyl recommended purchasing the Lenovo from ESD because technical support would be provided. MSP: Labhart/ Myers -- to authorize Mr. Hoodenpyl to purchase the Lenovo desktop computer from ESD @ $565.00 as recommended from Juvenile Revolving and Community Corrections.

528 E. MAIN. Britton had asked Property Maintenance Specialist Nate Hughes to discuss the floors at 528 E. Main in John Day, where Community Counseling Solutions provides mental health / public health services. Hughes reported that several floor tiles are coming up and need to be replaced, and he recommends that the floors be stripped and waxed because the general appearance of the floor is not good. Hughes had already purchased replacement tiles. He felt it would take a few hours of his time in the evening over 3 or 4 days to complete this work. Hughes understood hours could be flexed within the normal work week. Hughes planned to begin at the employees back entrance, and then move to the common areas and the offices. Hughes would like to have this done in the next month or two, and wants to see regular floor maintenance put on a maintenance schedule. Labhart talked with Hughes about the idea of using concrete flooring at the Health Department, like we have at the airport.

Treasurer Kathy Smith pointed out that floors at the Health Department aren’t the only floors that need stripping and waxing (the Courthouse needs that too.) Other discussion followed about the experience Hughes has maintaining floors, the type of wax he feels is most durable, and the estimated cost of materials. MSP: Labhart/Myers – to allow Property Maintenance Specialist Nate Hughes to replace floor tiles and strip / wax at the Health Department at 528 E. Main in John Day, not to exceed $1,000.00 for materials and supplies.

10:25 am – The court took a break until the next agenda item at 11:00 am; Jason Hatfield and Sue Horn entered

COUNTY PROPERTY / ADAM DRIVE ROW. Jason Hatfield, of Benchmark Surveying, presented a report and sketch of preliminary fieldwork and recommendations for the survey of county property and Adam Drive ROW in Canyon City. Road Master Sue Horn was also present. The sketch proposes ROW acquisition and recommended property line adjustments in GRANT COUNTY COURT MINUTES JANUARY 15, 2014 APPROVED 4 the amended second town site addition to Canyon City. Hatfield said record monuments and fence lines have been tied to determine what we are looking at today. He and court members reviewed and discussed all of the following issues that he has addressed in the report:

1.) Adam Drive ROW. Hatifield recommended acquiring from the City that portion of ROW where the physical location of the road goes over Canyon City property (Lots 4, 5, 6 & 7). He could set pins on the bridge location for Tax Lot 400 to retain ROW up to the north fence line.

2.) South Humbolt Street ROW. Hatfield recommended conveying the blue triangle piece on Lot 25 to the Town of Canyon City and bringing the property line to the existing fence for additional ROW.

3.) Yriarte property. Hatfield recommended using the record ROW line and square up the small hillside rectangle line (Tax Lot 901) and convey it to Christine Yriarte.

4.) Kerr encroachment. Hatfield recommended moving the boundary line to follow the fence and shop wall to alleviate encroachment; and retain an easement for needed access.

5.) Possible County Shop encroachment. Hatfield recommended that we survey, describe and define a property boundary line (Tax Lot 500) in an agreement with Canyon City. Britton suggested working out the shop access situation so the property will be more useful as a commercial enterprise to a potential buyer. Britton thought the property could be preserved as a commercial use while still preserving the residential neighborhood. Britton felt Hatfield did a good job and was happy with his recommendations. Myers felt the timing was good to adjust that fence line. Labhart liked Hatfield’s recommendations. He addressed the idea of gifting the commercial property, if possible. He didn’t see it being sold for use as a private residence.

6.) Division lines between current Tax Lots owned by the county. Hatfield recommended adjusting the line between the Tax Lots 500 & 1700 to the south to leave room for vehicle access. Tax Lots 1700 & 1800 can be sold together with two buildings or the line can be adjusted so each building has its own Tax Lot. Britton wanted to see the boundary lines re- defined, but Tax Lots kept separate for now.

MSP: Britton/Labhart -- to approve all five of Hatfield’s recommendations with an adjustment to Issue 6 with an adjustment of the property line between Tax Lot 1700 and Tax Lot 1800 to separate the two buildings.

EXECUTIVE SESSION. At 11:50 am the court entered an Executive Session under ORS 192.660(2)(d) to conduct deliberations with persons designated to carry on labor negotiations. Myers recited the State Attorney General’s Sample Script to Announce the Start of Executive Session. All court members, Treasurer Kathy Smith, Sheriff Glenn Palmer, and Road Master Sue Horn were present. At 12:45 am the court returned to General Session and made the following motion. MSP: Labhart/Britton -- to appoint Sheriff Glenn Palmer, Treasurer Kathy Smith and Judge Scott Myers to enter into negotiations with the Sheriff’s Union for the next contract period. MSP: Labhart/Myers -- to appoint Treasurer Kathy Smith, Judge Scott Myers and Road Master Sue Horn to enter into negotiations with the Road Union for the next contract period.

12:52 – Adjourned Respectfully Submitted, Mary R. Ferrioli / County Court Secretary

GRANT COUNTY COURT MINUTES JANUARY 15, 2014 APPROVED 5