IN THE COUNTY COURT OF THE STATE OF OREGON

IN AND FOR THE COUNTY OF GRANT

OCTOBER 26, 2011

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.

9:05 am -- Call to Order. Present were Judge Mark R. Webb, Commissioners Scott W. Myers and Boyd Britton, Secretary Mary Ferrioli, News Reporter Scotta Callister, and Pastor Dave Fronapel. A Pledge of Allegiance was given to the US flag. The invocation was given by Pastor Fronapel.

9:08 am – Treasurer Kathy Smith entered

EXTENSION. The court reviewed and signed Warrant No. 051 to OTEC for utility expense.

PROGRAM. MSP: Britton/Webb -- to accept the program with the addition of discussing the Homeland Security Grant Program.

ANNOUNCEMENTS.

Webb was in Salem last Monday for a state Health System Transformation meeting. He traveled to Salt Lake City Tuesday through Thursday to advocate on behalf of the Blue Mountain Forest Partners and the Harney County Collaborative Group for their competitive (CFLRP) Collaborative Forest Landscape Restoration Proposals. Webb reported that our proposal was rated number 2 and, if Congress awards funds, the Malheur NF should see another $2.5 Million annually for 10 years for restoration activities. He said the first two proposals are eligible for funding within each region. However, Interior Secretary Vilsack has discretion to award differently. Region 6 had the top 3 proposals in the nation.

Webb reported on his follow up with legal counsel on the Wolf Plan litigation and a phone conversation he had with a NOAA representative from Seattle. NOAA promised to provide information and data upon which NIMF justifies their decision for regulatory agencies’ stream bank standards allowed for restoration versus those allowed for cattle grazing.

Myers reported on the Seneca Post Office meeting he attended last night at 6:30 pm along with about 60 people. He felt the Seneca Post Office stood a good chance of staying open in the future because the reasons for closure don’t necessarily apply to the Seneca Post Office.

9:25 am -- Anna Marie Kuhn and Sgt. Steve McGuire entered

Britton had attended an OTEC board meeting yesterday in Baker City along with fellow county officials within the region. He would return to Baker City later today for a TEC board meeting.

INSURANCE PREMIUM. Corrections Deputy Anna Marie Kuhn requested payment of her health insurance premium this month, to be paid back in two installments of $312.42 directly from her October and November paychecks. Kuhn had taken 7 days vacation earlier this month which left only 107 paid work hours. County policy requires working a minimum of 120 hours for payment of insurance and other benefits. Sgt. Steve McGuire explained that Kuhn had requested time off for deer hunting, and he should have looked more closely at work hours and realized it would put her below the 120 hours minimum. He said wording in the union contract for benefits addresses a calendar month rather than the pay period. It was clarified that Kuhn is a new employee, lacks accrued vacation, and is 7 hours short of the 120 hour requirement. Webb was happy to have the county pay the insurance premium and then take it out of her paycheck. McGuire felt it was partially his fault and said he would donate 10 hours of vacation, if that is appropriate. Webb cited concern with the donation of hours due to union contract language which can create trouble for the county. Kuhn felt it would be good to have donated vacation hours to cover it. McGuire pointed out that Kuhn had previously worked full time for 6 months without benefits. In this case, Britton was happy to waive the policy since she’s just 7 hours short. MSF: Britton/Myers – to waive the policy due to the previous 6 months employment without benefits. Webb was not comfortable waiving policy since there is some responsibility on the part of the employee for being familiar with the policy. He was more inclined to allow a donation of vacation time, since a waiver is outside of the union contract. Myers understood Webb’s concern since the county is still involved in labor negotiations. McGuire agreed with a waiver setting precedent and noted that donation of hours had been allowed in the past for illness. Myers saw that previous donation as being different, as it is more of an emergency situation. Webb called the question; unanimous vote no. MSP: Webb/Myers -- to accept Sgt. McGuire’s donation of 7 hours vacation to Anna Marie Kuhn to meet the health insurance payment requirement.

MINUTES. MSP: Webb/Myers -- to approve the minutes of October 19 as presented.

LETTER OF SUPPORT. Court members reviewed and signed a letter of support for reauthorization of the stewardship contracting authority in the FY 2012 Interior Appropriations Bill.

FLU SHOT CLINIC. The court reviewed and signed a Flu Shot Clinic Vendor Agreement with Pacific Source Health Plans setting the reimbursement rates for providing influenza vaccines to members during the 2011 flu season. MSP: Myers/Webb -- to allow Judge Webb to sign the BLM Modification of Contract for Grant County Drug Operations.

DRUG OPERATIONS. The court reviewed and signed a Modification of Contract provided by the BLM for Grant County Drug Operations. The modification changes the performance period end date from August 5, 2014 to August 5, 2012. MSP: Webb/Myers -- to allow Judge Webb to sign the BLM Modification of Contract for Grant County Drug Operations.

HOMELAND SECURITY. The court reviewed and approved a 2011 Homeland Security Grant Program document provided by Oregon Emergency Management. It authorizes OEM, as the agent, to maintain funding ($47,409.00) awarded to Grant County to continue direct support of the State Fusion Center. The Oregon TITAN Fusion Center provides a variety of information sharing services related to criminal intelligence and counterterrorism network connectivity to the Oregon law enforcement community. Webb explained that the program allows the state to keep the dollars and redirect those funds to NIMS compliant jurisdictions.MSP: Britton/Webb -- to authorize Judge Webb to sign the 2011 Homeland Security Grant Program document. Webb indicated that the county’s updated Emergency Operations Plan would be received soon, as well as the updated requirements for satisfying NIMS compliance.

EXECUTIVE SESSION. At 9:50 am the court held Executive Session under ORS 192.660(2)(a) to consider the employment of a public officer, employee, staff member, or individual agent. Judge Webb recited the State Attorney General’s Sample Script to Announce the Start of Executive Session. At 10:20 am the court returned to General Session. Court members signed a letter directed to the particular employee.

10:50 Am -- Mark Witty and Mark Hensley entered

FLOOD PLANNING. School District 3 Superintendent Mark Witty suggested having a county coordinated meeting on future flood planning involving all affected parties. He was willing to participate with city and county representatives and business owners to talk about planning and protocol for the coming flood season. Webb talked about his previous work with the Army Corp of Engineers and intent to follow up with Les Miller about scheduling a future flood planning meeting. Roadmaster Mark Hensley reported that Department of State Lands allows removal of blow down trees and brush as long as the stream bank and bed are not disturbed in the process.

SCHOOL DISTRICT 3. School District 3 Superintendent Mark Witty requested assistance from the county with removing the flood-damaged track materials at the Junior-Senior HS. At this point, Witty was not certain about insurance coverage for the track, but felt the county’s assistance would help a great deal. Webb understood more was involved than the removal of asphalt. Witty indicated there is cement that also needs to come out and rubber on the asphalt. He added that a brick wall would also need to be moved back, but he could easily recruit labor to do that. Witty said a larger 8 lane track will be more viable for the community due to the ability to attract large events such as the Special Olympics. He noted that the district had to pass up opportunities to hold large events in the past.

Webb had previously asked Hensley to prepare a cost estimate. Hensley reported that it would conservatively take 20 hours to pull asphalt up ($5,400) and with concrete removal and prep for a new base it could conservatively total $10,000. Webb and the Commissioners would be justifiably upset. Britton strongly believed that government had no place competing with private industry. Webb said the work and associated cost were more than he anticipated. Hensley remarked that emergencies are different than any routine work because public entities generally cooperate to remedy emergencies. Britton was personally not willing to approve the request. Myers agreed and felt there would be good opportunities for local contractors. The county denied the request.

SNOW REMOVAL CONTRACT. Roadmaster Mark Hensley recommended court approval of the Snow Removal Contract for Grant CR 24 and Baker CR 520 in the Granite area to go to the low bidder Triangle, LLC in the amount of $56,000 for +/- 800 hours depending on the snow season. Other bids received were from Columbia Basin Helicopters, Inc @ $59,984 and Winegar Excavating, Inc. @ $88,000. All court members signed the contract document with Iron Triangle as presented. Hensley intended to talk with Iron Triangle about details regarding work performance.

JANITORIAL SERVICES CONTRACT. Roadmaster Mark Hensley recommended awarding the Janitorial Contract to the low bidder Hoffman’s Yes-We-Do Cleaning. Bids were opened earlier today from Hoffman’s Yes-We-Do Cleaning @ $9,240.00 and Moore Janitorial @ $10,080.00 to provide weekly cleaning services at the Road Department. All court members signed the Janitorial Services Contract.

BRIDGE REPAIR. Roadmaster Mark Hensley presented correspondence from the Department of State Lands about corrective action needed to protect and repair the Strawberry Creek Bridge foundation. He also provided a letter from Anderson Engineering and Surveying, Inc. about a routine bridge inspection that found major structural deficiencies i.e. the bridge is considered to be in critical condition and should be repaired as soon as possible. Hensley described exactly how the bridge repair would be made. MSP: Webb/Britton – given the report from DSL and the emergency situation, to allow Roadmaster Mark Hensley to go forward with the bridge repair. Myers asked how the contractor would be selected. Hensley said he’d probably use Dennis Dice again, if he’s available in the next two weeks, since he did the last bridge repair.

ROAD PROJECTS. Roadmaster Mark Hensley gave the court updated progress reports on the West Bench Road Reconstruction, the Izee / County Road 63 Reconstruction, and the Pine Creek Bridge Reconstruction projects.

WRIT OF MANDAMUS. Webb reported that legal counsel Ron Yockim told him earlier today a Writ of Mandamus was received from an attorney representing the petitioners of the proposed Monument Rural Fire District. He said it gives reasons why the court should do what it is already legally required to do. Webb pointed out that on October 10th the petitioners only needed to obtain 6 - 10 signatures and correct the legal description. Myers pointed out that, at that time, the petitioners had been advised by legal counsel how to get it done in the short amount of time they had before the deadline of October 27 for holding a County Court hearing on November 16. The County Clerk’s deadline for the primary election next May is November 17.

11:45 am -- Adjourned

Respectfully Submitted,

Mary R. Ferrioli

County Court Secretary

MINUTES OF THE GRANT COUNTY COURT OCTOBER 26, 2011 APPROVED 5