IN THE COUNTY COURT OF THE STATE OF OREGON
IN AND FOR THE COUNTY OF GRANT
JUNE 20, 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, Commissioner Candidates Mike Dougharity and Chris
Labhart, and Pastor Eric Bortell. A Pledge of Allegiance was given to the US flag. The invocation
was given by Pastor Bortell.
CLAIMS. The court had reviewed and approved claims
PROGRAM. MSP: Webb/Myers -- to accept the program as presented.
ANNOUNCEMENTS.
Webb reported on a visit to Baker City last Friday that he and Britton made to meet with County
Commissioners and the Forest Service about progress on the draft EIS on the Blue Mountain
Forest Revision Plan. Yesterday, Webb was at Silvies Valley Ranch to assess progress and
challenges concerning that development. Webb remarked on local meetings last week with
Oregon Department of Forestry Leadership Team including a tour on Sharon Livingston’s
property.
Britton provided additional information about interesting discussions at the Baker City meeting
June 15. Britton reported on interviews of candidates for the Airport Manager position. Finalist
interviews by the Airport Commission will be done this evening at the airport. Britton
commented on Oregon Department of Forestry’s current restructuring of its financial
procedures.
Myers planned to attend the Community Connection of Northeast Oregon quarterly board
meeting next Tuesday in Baker City. He plans to meet with an RFQ engineering respondent from
Boise next Monday to answer their questions about the upcoming airport runway project. He
commented on last Saturday’s successful Family Fun Day at the John Day City Park.
MINUTES. MSP: Britton/Webb -- to approve the minutes of June 13 as amended.
BUDGET RESOLUTIONS. Court members reviewed and signed Resolution 12-26 Making
Transfer from Contingency General Fund Non-Departmental / Sheriff $22,000.00 for approved
light duty work for an employee, Resolution 12-27 Making Transfer from Contingency Road
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Fund $85,000.00 to Materials & Services due to road projects, Resolution 12-28 Making
Transfer from Contingency Sanitarian Inspection Fund $1,600.00 to Personal Services / $600.00
and Materials & Services $1,000.00, Resolution 12-29 Making Budgeted Transfers Special Funds
to Maternal & Child Health from WIC $5,700.00, from Family Planning $7,134.00, from
Bioterrorism $300.00, and from Sanitarian $3,250.00, Resolution 12-30 Closing the Jail Bond
Fund and transferring $27,278.59 to the General Fund for other uses and Resolution 12-31
Making Transfer from Contingency General Fund $900.00 for a county representative to attend a
NEPA meeting in Wyoming.
HAND CHECK. The court approved a hand-check to Dennis Reynolds as reimbursement for
court-approved trip to Wyoming for a NEPA meeting June 11 and 12.
EXTENSION DISTRICT. Court members signed Resolution 12-25 Adopting the Annual Budget,
Levying Taxes and Making Appropriations for FY 2012-2013 for Grant County Extension and 4H
Service District. Total Appropriations for all funds is $165.246.00 with an Unappropriated Fund
Balance of $42,990.00 for a total budget of $208,236.00. The court reviewed and signed an
Intergovernmental Agreement with OSU Extension Service to provide OSU educational
programs and information to Grant County citizens from July 1, 2012 through June 30, 2017.
The court also reviewed and signed the 2nd Amendment to an Intergovernmental Agreement for
the Demonstration Garden Project extending the term to June 30, 2013.
PUBLIC HEARING. At 9:30 am the court held the second public hearing on Ordinance 2012-03
to address an amendment to Ordinance 01-02 Establishing Road Names in Unincorporated
areas of Grant County adopted in 2001 (including a Master Road Name List). Webb recited the
Ordinance previously provided by the Planning Department. The amendment adds addresses
assigned and road names adopted since 2001 and removes some road names that were never
addressed. It also corrects some previous spelling errors and typos. No proponent or opponent
comment was offered in response to the court’s request.
9:35 am – Shannon Springer entered.
Planning Secretary Shannon Springer said she has talked to Roadmaster Mark Hensley about the
road previously in question. Ordinance 2012-03 was signed by all court members.
SITE LEASE. The court considered an Aeronautical Hangar Site Lease with Robin Olterman that
the Airport Commission recently approved. Oltermann, who operates “Pajarita Aviation”
proposes to build 60’x60’ hangar in compliance with airport and FAA criteria at a site on a
developed commercial ramp. Diagrams, location map, and copy of her commercial liability
insurance were provided. Commissioner Britton / Airport Commission member, provided
background on plans to build the hangar at the site next to the DR Johnson Hanger. MSP:
Webb/Myers – to allow Judge Webb to sign the Hangar Site Lease.
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530 E. MAIN. The court considered a letter from Training & Employment Consortium Director
Teri Simonis requesting to lease office space at 530 E. Main No. 5 and No. 6. TEC would use the
space to provide employment, training and child care services to Grant County residents from 8
am to 5 pm with some evening classes. The agency’s current lease on Washington Street in
Canyon City ends July 15 and staff is tentatively planning to begin moving to the new space
June 26. Britton provided information about the transition TEC is making to reduce costs in
response to the current need for services. The lease rate at that site is 49¢ per square foot.
MSP: Britton/ Myers – to offer the lease to Training & Employment for one year at 49¢ per
square foot.
GEORGRAPHIC NAMES. Court members discussed offering court support of proposed
Geographic Name Change requests of the National Board of Geographic Names. Applications
for submission to the national board were reviewed as follows: Jean Kline and Rod Kuhn
request to change the name “Squaw Rock” to “Donaldson Rock,” Sharon Livingston requests to
retain the name “Indian Rock,” and Mike and Diane Browning request to change the name
“Squaw Creek” to “Mona Creek.” Webb explained his previous work with Gregg Smith who is
devoted to this issue, which included travel to Washington DC to address concerns about the
board’s proposed Indian names.
Webb agreed to draft a cover letter of court support to be signed by all court members. He
added that Oregon House Rep Cliff Bentz is requesting a Legislative Counsel opinion on this
issue.
9:50 am -- Kathy Smith entered
PER DIEM RATES. Treasurer Kathy Smith presented adjusted per diem reimbursement rates to
adopt for FY 2012-2013 Exhibit A. Smith explained past practice has been to apply the COLA
(3.2%) to the per diem rates and increase them accordingly. If approved, rates would be
increased to $90 for lodging and 44¢ for mileage. Meals reimbursed @ $40 had been previously
adjusted in line with COLA. Smith’s calculation of existing breakfast / lunch / dinner rates with
3.2% COLA applied comes out at $39.44. MSP: Webb/Myers – to accept the per diem rate
adjustment for 2012-2013 as presented.
10:00 am -- Brenda Percy and Shannon Springer entered
PUBLIC HEARING. At 10:00 am the court held the second public hearing on the FY 2012-2013
County Budget. Budget Officer Kathy Smith reviewed a list of proposed changes to next year’s
budget Exhibit B. Justice Court expense and supply lines were adjusted due to credit card fees
and Veteran Services revenue and VA reimbursement lines were changed according to state
grant figures. Children & Families Cash on Hand revenue and expense lines changed for A&D
70, USDA Summer Food / Summer Food Cook, and Juvenile Revolving revenue and expense
lines changed due to state Accountability Grant figures. Maternal and Child Health revenue and
expense lines changed for a new Title XIX EHR Incentive Grant line plus expense lines were
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changed for a Nurse wage increase and Ford Family Grant. During the hearing no public
comment was offered concerning the proposed budget for FY 2012-2013. Commissioner
Candidate Chris Labhart asked if a Human Resources Manager was part of this year’s budget,
but he was told it is not. The budget adoption resolution would be signed next week.
HEALTH INSURANCE. The court, Treasurer Kathy Smith, and Clerk Brenda Percy discussed the
county’s health insurance plan for 2012-2013. Hermann Financial Insurance Agent Kim Hilton
met with Judge Webb, Treasurer Smith and Clerk Percy last week to review the county’s new rate
and benefit comparison for ODS. A comparison spreadsheet was provided for ODS Preferred
Provider Plan Options for a $1,500 out-of-pocket limit. Plan rate options comparisons included
variable deductibles i.e. $250 / $500; $500 / $1,000; $750 / $1,500; $1,000 / $2,000 with office
visit co-pays in net of $15 / $20 / $25. The current Prescription Plan and Vision Plan would not
change for next year. Britton said he was pleased to have the option to be able to make some
changes at this time. Webb explained the new latitude the county has now with deductible
options and out-of-pocket expenses. Myers sought clarification about the number of employees
we have within each plan category.
10:10 am – News Reporter Scotta Callister entered.
Britton talked about a $1,000 deductible being picked up by estimated county savings. Webb
said it wasn’t that simple. He explained how the employee deductible and Health
Reimbursement Account was operated by Community Counseling Solutions, Inc. Smith and
Webb expressed some disagreement about how annual savings would be used up with
deductibles over the years i.e. savings would go down as premiums increase each year into the
future. Britton felt the employees need to pay a deductible. Differences between the concept of
a Health Savings Account and a Health Reimbursement Plan were discussed. It was believed
that HSAs are no longer available.
Shannon Springer felt it would be irresponsible for the county not to have employees pay a
deductible. Clerk Brenda Percy sought clarification about our ability to move to a lower
deductible once we go to a higher one. Smith suggested starting out with a $500 deductible
and going to a $1,000 later if needed. Myers asked about the possibility of reimbursing the copay. He felt the $25 co-pay option was reasonable. Discussion followed about deciding what
Tier to approve. Smith explained Tier 4 would save the county and the employee, and any
change in deductible would save all categories money. Webb and Myers agreed that a $500
deductible and Tier 4 might be a good plan. Britton personally preferred a $1,000 deductible
with the employee paying the first $500 and the county paying the next $500. It was planned
that a phone conference would be held today with Insurance Agent Kim Hilton to clarify the
county’s questions and discuss picking up a portion of the employee’s deductible.
10:20 am -- Glenn Palmer entered
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PRAIRIE CITY LAW ENFORCEMENT. Sheriff Glenn Palmer asked the court to sign the
Intergovernmental Agreement for Law Enforcement Services provided to Prairie City from
July 1, 2012 through June 30, 2014. Prairie City has agreed to pay $35.00 per hour to Sheriff
Deputy Zach Mobley to be available on a weekly basis averaging 40 hours per week, including
call-outs, and an additional $200.00 per month for fuel to operate the vehicle. The city would
provide secure office space, phone service, an evidence locker, cell phone, and a computer. The
county would provide a fully equipped patrol vehicle, maintenance, repair, and insurance.
Palmer said things have been worked out and no issues or complaints have come forward.
Webb sought assurance that $35 per hour covers the county’s costs as well as the $200 fuel
allowance. Palmer understood the fuel cost was being covered, but said he would check on
actual costs over the past 6 months. He believed the city was actually getting more than 40
hours a week in county services. Palmer felt it was evident the public and city are satisfied with
the Sheriff Deputy’s work for Prairie City. Some discussion followed about call-outs, request
forms for non-emergency matters, and the possibility of dealing with issues on the website.
MSP: Webb/Myers -- to approve the Intergovernmental Agreement for Law Enforcement
Services within Prairie City. Myers agreed with Webb that tracking of vehicle fuel and
maintenance expense would be good to have in the future.
10:40 am – Hal Smith entered
JUSTICE FACILITY ROOF. Sheriff Glenn Palmer mentioned the Criminal Justice Facility roof is
leaking again. He plans to provide complete information for the court to consider in the future.
Palmer thought the annual patching that’s been done has not taken care of the problem.
10:45 am -- Ashley Daniel entered
VICTIM ASSISTANCE. Victim Assistance Program Director Ashley Daniel recommending
approving a competitive federal FY 2012-2014 VOCA Project Grant Application to receive a total
of $90,000. Daniel said the funds would maintain a 0.74 FTE Victim Intervention Specialist to
provide direct services to victims of crime. The required 25% in-kind match would come from
volunteers and office rent. It was explained the grant is being requested in the event we are not
awarded the VAWA Rural Grant funds in October. She recommended declining this grant if the
VAWA Rural funds are awarded. Daniel indicated the funds could not be used for prosecution /
Deputy DA. The award includes funding for salary, benefits, office supplies, and emergency
services associated with the Victim Intervention Specialist. MSP: Webb/Britton -- to approve
Judge Webb’s signature on the VOCA Grant Project Grant Application.
10:50 am -- Brenda Percy entered
COUNTY CLERK . Clerk Brenda Percy presented a proposal from Nick Miller and recommended
purchasing Edsal bulk storage racks from Grainger to install in the Courthouse vault. The Safety
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Committee previously recommended improving storage of boxes to provide additional space
and better maneuverability within the vault. Percy provided details about the width, height and
weight capacity of the proposed shelving units. The estimated cost for 2 starter & 2 additional
shelves is $842.40 or $1,004.90 for 2 starter & 4 additional shelves. Webb recommended going
with Miller’s proposal. Myers suggested having the floor ramp looked at when possible in the
future. Britton asked Percy to have Miller contact him about other suppliers he knows of with
storage shelves. MSP: Webb/Myers-- to approve purchasing storage shelves with
installation by Nick Miller.
PERSONNEL MANAGER. Britton believed the county can no longer afford not to have a
Personnel Manager and recommended returning those responsibilities to Clerk Brenda Percy.
Britton believed the exempt Clerk / Payroll position was best suited for personnel duties. He also
felt it would be a cost savings to the county in the long run. Percy said employees have come to
her for answers to questions on a regular basis, so felt employees and Department Heads would
support bringing her back to the position. Planning Secretary Shannon Springer felt it has been
confusing for Department Heads and employees since personnel responsibilities had been
transferred. Myers pointed out there have been two different position descriptions in the past.
Percy agreed with keeping the job descriptions separate.
Discussion took place about wage scale placement and budget issues. Britton asked if Percy had
a compensation amount in mind. Percy suggested she be paid the Budget Officer stipend of
$302 per month. It was pointed out that the position was not budgeted; however, a Contingency
Transfer resolution could be created.
Labhart wondered if this was brought up in Budget Committee. Although voted for Percy to be
County Clerk, Labhart suggested that a new employee be hired to handle those duties. Webb
believed the day-to-day issues could be accommodated by Percy. He explained that legal issues
associated with HR can be handled by labor counsel and / or City County Insurance Service.
Myers noted the county has already invested in Percy by providing for a number of trainings on
human resource issues.
Budget Committee member Hal Smith did not think personnel duties should be added to a
statutory position such as County Clerk. He expressed concern about the time needed to
address personnel issues creating a conflict with Clerk duties. Percy felt personnel duties were
irregular and could be handled within her other duties. Additionally, any serious matter would
have an attorney brought in to assist the county. Percy said the Deputy Clerk is doing a good
job and could step in to handle day to day duties. She also said she would not allow personnel
to interfere with critical Clerk responsibilities. MSP: Britton/Webb -- to appoint Clerk Brenda
Percy as Personnel Manager. MSP: Britton/Webb -- to augment the Clerk’s salary for the
Personnel position with a $350 stipend per month effective immediately. During
discussion Treasurer Kathy Smith asked to petition to have her Budget Officer stipend be
adjusted to match the Personnel Manager’s. The court decided not to make a decision today,
but to allow her to bring that issue to the court in the future. Myers felt it was better to either
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match the existing Budget Officer’s amount or increase the Budget Officer’s pay to match the
higher pay for Personnel Manager. Webb felt there was greater risk management associated
with personnel.
COUNTY ROADS 76 & 20. Roadmaster Mark Hensley previously presented an Easement for
private access on a portion of CR 76 / Luce Creek Road. Grantees include Eagle Cap Rentals, Jeff
W. Fitzhugh, J. David Baldwin, Holliday Land and Livestock, Inc., Ochoco Lumber Company,
Oregon Trail Electric Cooperative, Mike Sanders, and Gary Thomas; the true consideration is
zero.
The easement was signed by all court members. The court also signed a Right of Way Deed /
County Road 20 granted by Althea Gibbs of Stanfield OR as previously presented by Hensley.
11:45 am – Lunch Recess. The meeting reconvened at 1:00 pm. All court members, the Court
Secretary, King Williams, Zach Williams, Hal Smith Chris Labhart, and News Reporter Scotta
Callister were present.
INVESTMENT OF ROAD FUNDS. Judge Webb asked for court discussion on the investment of
County Road funds. He explained the Forest Service doesn’t have enough money to take care of
federal lands and supply enough merchantable timber to keep the mills going. Under the
following conditions, Webb would like to investigate legally investing those dollars differently -while continuing to protect the principal – to yield a better rate of return, facilitate forest health
treatments, and create new jobs in the community. Webb said had already talked with federal
agency representatives both locally and in Washington D.C., Oregon House Rep Cliff Bentz, Gov.
Natural Resource Staff Brent Brownscombe, King Williams, and Governor Kitzhaber’s Forest
Consultant Tom Tuchman and gained support for this idea. He added that Brownscombe has
put a placeholder in the upcoming legislative session to address this issue. Webb didn’t want to
go further until he knows there is court support.
Myers asked where the county’s investment authority is now. Webb said the Treasurer handles
investment, but thought it was the court’s decision. Treasurer Kathy Smith said she’d have to
look at the statute to be sure. Webb would not go forward with investments without the
stipulated guarantees. Webb didn’t have an answer to Myers’ question about the Forest
Service’s guarantee to repay the loan plus interest. Myers asked about the time, expenses and
risk involved. Webb felt only his time would be involved without risk. Myers said he was alright
with it right now and didn’t see any risks at this point. Britton was excited about the idea and
thought it was an excellent place to get started. He was pleased that Tom Tuchman is involved
and supports this idea. Britton didn’t think the court could turn its back on the county’s natural
resource industry. He wanted to go forward. Webb said he and Britton have already talked
about it and asked if Myers was willing to go forward. Myers said he is alright for now and
doesn’t see any reason for serious concern now.
Other discussion followed about various topics such as current and guaranteed rates of return,
benefits to the mills, current investment practice conducted by the Treasurer’s office, increasing
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staff levels at the Forest Service, funding troubles for O & C Counties, and funding of Forest
Service projects. Webb sought and gained approval from the Commissioners to talk further with
the appropriate parties, including King Williams and Tom Tuchmann, in an effort to move
forward with this investment possibility.
1:40 pm -- Adjourned
Respectfully Submitted, Mary R. Ferrioli / County Court Secretary
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