IN THE COUNTY COURT OF THE STATE OF OREGON
IN AND FOR THE COUNTY OF GRANT
Access the County Court Agenda and approved Minutes on the Commissioner’s page at www.gcoregonlive2.com
SEPTEMBER 23, 2015
Pursuant to notice made to the newspaper of general circulation throughout Grant County, the radio
station, county website, 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 Chris B. Labhart and Boyd
Britton, Secretary Mary Ferrioli, Jim Sproul, Doug Ferguson, Judy Kerr, Dave Traylor and Pastor David
Hoeffner. A Pledge of Allegiance was given to the United States flag. The invocation was given by
Pastor Hoeffner.
CLAIMS. The court had reviewed and approved claims and Extension District Warrant Nos. 34-38. Two
VISA claims from the Sheriff were tagged for being late.
AGENDA. MSP: Britton/Myers -- to accept the agenda adding a short discussion with Doug Ferguson
about Canyon Creek Complex rehabilitation.
ANNOUNCEMENTS.
Britton reported on his trip last week to New Mexico for vacation. Monday attended the BAER
meetings on Monday. Next Monday he will be at the Indian Reservation in Burns for a SEACT meeting.
Myers attended Oregon Insurance Division public meetings last week facilitated by Kevin Jeffries.
Friday he met with AOC (Greg Wolf) to discuss a possible group project to install alert sirens along the
Canyon Creek corridor. He attended three BAER meetings on Monday plus a Canyon City Planning
Commission hearing about the county’s zoning change request for 323 S. Humbolt. Monday Myers also
conducted a wedding at the bridge over Canyon Creek. Tonight at 6:30 pm and tomorrow from 9 am to
1 pm FEMA Fire Management Assistance Grant meetings are being held at ODF. Thursday at 7 am
Myers will meet with the fire relief group to discuss re-location of donations stored at the fairgrounds.
Labhart was out of county in New York and New Jersey most of last week. A local RCAC meeting was
held last Wednesday. Thursday he will be in Baker City for a TEC board meeting. Monday he has a RAC
meeting at Ontario and Tuesday he will attend a wildfire training meeting at Grant Union High School.
Labhart agreed a warning system was really needed in the Canyon Creek corridor. Some discussion
followed about other areas in the county that lack an emergency communication system.
MINUTES. MSP: Myers/Britton -- to approve the September 16 minutes as amended
CANYON CREEK. Doug Ferguson (Ferguson Surveying & Engineering) reported on progress of BAER
meetings he attended and other contacts about moving forward with rehab plans. He said further
advanced data is needed to consider strategies for rebuilding and/or relocating structures. He displayed
flood maps of the area illustrating the floor of the creek and a profile of its stretch. Ferguson believed -to remove the hydraulic problem at the bottom -- the channel needs to be rebuilt to contain
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potential water flow volume and velocity. He added that it could cost as much as $1 or $2 Million.
Discussion followed about changes in the FEMA flood study map, impacts on flood insurance, historic
flood activity on the John Day River, stabilizing/reseeding the devastated ground, and scope of
work/permits / design / work season. Britton recommended that Ferguson to allowed to get into this
project further. He noted that the cities would need to meet with the county about the emergency
rehab project. Justifying the severity of potential water flows in the watershed and holding meetings
with agencies and adjacent landowners was discussed. Labhart asked for and received consensus from
the court for Ferguson to continue with the project.
9:50 am – Deputy Malheur NF Supervisor Ryan Nehl, Jim Carpenter and Ashley McClay entered
Deputy Malheur NF Supervisor Ryan Nehl reported on recommendations being made by the BAER
Team on rehabilitation of the Canyon Creek watershed (reseeding the ground).
CANYON MEADOWS DAM. Ferguson reported on his conversations with ODF&W about the Canyon
Meadows Dam Report. He disagrees with the state’s removal of the resource and felt the structure
itself had integrity and should be saved. However, he thought it would always leak. Britton expressed
interest in having ODF&W gift the dam to the county. He thought OPRD could be a good manager, but
acknowledged the state wants to move completely away from the dam.
10:00 am – Malheur NF Supervisor Steve Beverlin entered
VICTIM ASSISTANCE DIRECTOR. District Attorney Jim Carpenter requested approval of proposed
updates to the Victim Assistance Program Director job description. In the near future he plans to
advertise to refill Ashley McClay’s position. She has relocated to Baker County and her last day is
expected to be October 25. Discussion followed about adding detail for new activities performed,
developing program budgets, and new trainings not required five years ago. MSP: Labhart/Myers -- to
approve proposed updates to the Victim Assistance Program Director job description. It was felt the
additions do not warrant reevaluation by Local Government Personnel Institute. McClay said the
current salary is commensurate with other rural counties and assures the grant fully funds the program.
Carpenter reported on his recruitment plans (advertising and interviewing). Britton praised McClay for
lifting up this program and turning it around during her tenure.
DEPUTY DA. District Attorney Jim Carpenter requested approval to allow grant-funded Deputy DA
Matt Ipson to attend selected and specific trainings beyond the scope of domestic violence.
Carpenter described a number of non-domestic violence trainings and cases in which he has been
involved. He said, right now, Ipson would be able to step in when he has conflict of interest in a
particular case. Carpenter would like the DDA to attend the Impact of Marijuana Legalization training
October 20, 2015 at the Bend Police Department. Total cost is estimated at $353.80 includes
registration $85, meals $40, mileage $136.80, and lodging $92. The VAWA grant will not cover this
expense so Carpenter would like the cost taken from his budgeted Dues & Travel line. The training
addresses new marijuana law pertaining to law enforcement, impact on case law, traffic stops, medical
use vs. recreational use, DUII updates and investigative tools. MSP: Britton/Myers – to allow Mr. Ipson
to attend the Impact of Marijuana Legalization training in Bend October 20. Myers clarified that
time spent on non-domestic violence cases would not jeopardize time spent on required grant duties.
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DEPT. OF STATE LANDS. Labhart remarked on a Department of State Lands Notice of Common
School Land parcels potential sales pertaining to Portuguese Canyon in Grant County. Myers provided
additional information about the notice.
ENVIRONMENTAL HEALTH. The court reviewed and signed Oregon Health Authority IGA No. 148150
to provide Environmental Health Services. Britton noted that CCS / Health Department Director
Kimberly Lindsay recommends signature. MSP: Britton/Labhart -- to authorize Judge Myers to sign
Oregon Health Authority IGA No. 148150 to provide Environmental Health Services.
LETTER OF SUPPORT. The court reviewed and signed a letter supporting Malheur County’s opposition
to the creation of an Owyhee Canyon Lands National Monument as discussed last week. Myers recited
the letter of support. Britton preferred to sign a resolution composed by legal counsel, rather than a
letter of support. Labhart disagreed since the matter is within another county. Britton said he would
sign the letter since Myers agreed to ask legal counsel about a resolution. Later, Ron Yockim appeared
and was given a copy of the letter of support. Yockim felt the letter was fine and could be sent right
away. He said a resolution that strongly addresses important points could be developed later that could
impact upcoming legislation.
CANYON CREEK FIRE. Oregon Consumer and Business Services Building Codes Division Administrator
Mark Long had asked the court to review a “draft” Partnership Agreement for the Canyon Creek Fire. A
letter was submitted last week to formally request authorization of One-and-Two Family Dwelling
Specialty Code adopted in 2000 for reconstruction and repair. The Partnership Agreement is to
administer this code and provide building inspection services according to “when the structure was
originally constructed,” because dates that destroyed homes were built are currently unknown.
Myers and Labhart talked about the rebuilding of private bridges which are not permitted under this
agency. MSP: Myers/Labhart -- to approve the draft and sign the final Building Codes Division
Partnership Agreement upon receipt.
10:35 am – Legal Counsel Ron Yockim and his son-in-law Chris Bonebrake entered
After last week’s meeting Judge Myers and Commissioner Labhart approved an IGA with Oregon
Department of Environmental Quality regarding authority for the county to undertake any removal or
remedial action necessary to protect public health, safety, welfare and the environment. The
Governor’s Executive Order 15-17 allows DEQ to provide funds from the Emergency Response program
to reimburse the county through this agreement. The IGA had been signed by state representatives.
Myers explained the trench has been constructed and material can be placed there when the document
is fully executed. He noted that Road Master Alan Hickerson has a key to the gate and can
accommodate homeowners who need access when the Transfer Station is closed.
Myers also talked about tracking hours / equipment that’s being done for potential reimbursement
from FEMA. It was noted that some of the previous activities provided by private contractors had been
donated. Myers said there’s a need to establish a process to receive and expend designated funding of
approximately $50,000 for the Road Department to construct a disposal trench at the Transfer Station
and approximately $25,000 to be used for removing, transporting and disposing of fire debris and ash at
county selected residences. MSP: Labhart/Myers -- to approve the previously signed IGA with
Oregon Department of Environmental Quality as presented. It was suggested any funds that remain
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at the end be donated to the volunteers that came in early on to provide important assistance to
devastated landowners. Myers indicated that DEQ would need to be asked if that would be an
authorized use of state funds.
PUBLIC COMMENT. Judy Kerr and Myers talked about a portion of the Canyon City water supply and
watershed which she felt are in danger of being polluted from ash once it begins to rain. Malheur NF
Supervisor Steve Beverlin talked about the BAER Team study recommendation that nothing be done.
He noted that the Canyon City Mayor was present at the BAER meeting.
Jim Sproul and Beverlin briefly spoke about barricading roadways. Jim Sproul recited a letter of opinion
concerning the barricading of right of ways by the Forest Service.
Dave Traylor stressed the importance of emergency management that’s needed now to deal with the
potential threat of flooding. He believes it’s important to have a system in place for emergency
notification of citizens located in remote areas. Myers explained that he has requested AOC to seek and
find an Emergency Manager Pro-Tem for Grant County. Labhart commented on an inexpensive NOAA
radio that he has at his house that could be useful for citizens in remote areas. Myers talked about the
warning sirens system that he’s working on with AOC and NOAA.
Steve Beverlin said that smoke in the air is from prescribed burning in the Heppner Ranger District.
11:00 am -- Adjourned
Respectfully Submitted,
Mary R. Ferrioli
County Court Secretary
GRANT COUNTY COURT MINUTES
SEPTEMBER 23, 2015
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