MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN G Wednesday, July 17, Page 1

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1 Page 1 COMMISSIONERS PRESENT : Kenneth M. Burdick, Chairperso n Jerry A. Dove, Vice-Chairperso n Ida A. Lane, Commissione r STAFF PRESENT : Leota Leake, Recording Secretary STAFF PRESENT FOR PORTIONS OF MEETING : William K. Sargent, County Counsel ; Paul Levesque, Executive Assistant ; Darlen e Cherry, Personnel Director ; Charles Anderson, Parks Superinten - dent ; Jon Oshel, Public Works Director ; Joe Jensen, Planner ; GUESTS PRESENT : Vern Scovell, Paul Benson, Zone Change ; Don Averill, Tillamook Transfer Station ; Lee Walker and Doug Walker, City Sanitary Service ; Robert Miles, Mike Mahoney, Tillamook City Manager ; Al Dvorak and Don Smuck, North Coast Chapter, A Brotherhood Against Tolitarian Enactments (A.B.A.T.E ) CALL TO ORDER : By Chairperson Burdick at 1 : a.m. in th e Justice Court room. ITEM NO. 1 : CONSIDERATION OF ORDER APPOINTING A MEMBER TO TH E NETARTS BOAT BASIN TASK FORCE : Commissioner Lane moved to sig n the order appointing Robert Mundell, Commissioner Dove seconded, passed with three aye votes. The Commissioners signed Order # ITEM NO. 2 : DISCUSSION CONCERNING USE OF KILCHIS COUNTY PARK B Y NORTH COAST CHAPTER, A BROTHERHOOD AGAINST TOLITARIAN ENACTMENT S (A.B.A.T.E) : Mr. Anderson said this group was requesting use o f Kilchis Park September 2th through September 22nd.. He said these dates were after the park would have been closed for th e summer. Mr. Anderson said the exception to the park rules requested by this group had been a change in the quiet hours. He said this would be a public gathering. Commissioner Burdick asked if they were renting the whole park. Mr. Smuck said the group would like to see a locked gate at 11 : p.m. Mr. Anderson said there was no gate at the park which would loc k people out. This would have to be done by security. Commissioner Dove said his thought was that the group would b e partying, and he would insist they furnish their own security. He said if this use of the park caused a problem, rental woul d never be available to them again in Tillamook County.

2 Page 2 Mr. Smuck said the intent of the group was to meet, have a goo d time and cause no problems. Mr. Anderson said the problem was the alcoholic beverages involved. He said the police and would be notified of the gathering. A discussion followed regarding the cost to the Parks Department for the maintenance of the'park during the rental. Commissioner Dove asked how Mr. Smuck controlled his group. Mr. Smuck said the group had never had any real problems in the past. Commissioner Lane said her concern was the possibility of some o f the group getting out on the road after or during the party. Mr. Smuck said there would be a gate closure at 11 : p.m. Chairperson Burdick said vandalism was his main concern. He asked who would be responsible if damage were done to the rest - rooms. Mr. Snuck said that had never been a problem with hi s group, but they would leave the park in better shape than the y found it. Chairperson Burdick said he felt this rental should be on a tria l basis. There was a consensus to allow A.B.A.T.E to rent the Kilchis Par k for September 2th through September 22nd. Mr. Anderson was instructed to take care of the matter. ITEM NO. 3 : DISCUSSION CONCERNING LIBRARY BOARD VACANCY : Commissioner Dove said there should be a notice written to prio r applicants informing them of the current vacancy on the board, and requesting that a reapplication be made if they are stil l interested in the position. A discussion followed regarding applications and notices to prio r applicants for all boards. There was a consensus to retain all applications, and send notic - es of vacancies to the applicants requesting reapplication b e made by interested parties. This would apply to all advisor y groups. ITEM NO. 4 : MISCELLANEOUS PUBLIC WORKS : was going very well this summer. Mr. Oshel said paving Commissioner Dove said he had received a call from Mr. Bil l Holcomb on Martin Avenue regarding the dust problem on that road.

3 Page 3 A polling of the residents showed that 3 out of the 26 resident s were unhappy with the dust. Mr. Oshel said he had informed the residents on that road ther e was two options open to them, (1) present a doctor's order stat - ing a health problem, or (2) pay for the paving themselves. ITEM NO. 5 : DISCUSSION CONCERNING FAWCETT CREEK ROAD : Mr. Miles discussed the condition of Fawcett Creek road. He said there wa s a dust problem in dry weather, and a flooding problem in we t weather on the road. He suggested that installing a culvert would help the flooding situation. He felt there was a hazardous situation created by the narrowness of the road. Widening of the road would eliminate that hazard. He said there was one-wa y traffic only on that portion of the road, and school buses trav - eled it all winter. There was no place to turn around. He said there was a need for work to be done on that road to eliminat e some of the existing problems. Mr. Oshel said he supported Mr. Mile's statements regarding th e condition of the road. He said he would prepare a list o f projects, and it would include Fawcett Creek road and Bewle y Creek road. Commissioner Lane said if the condition of the road created a potential for an accident, it should be repaired. She suggested Mr. Oshel complete the list he now had and put the projects no t completed at the top of the list for next year's projects. Mr. Oshel said he had a large list. Commissioner Lane said the repair of Fawcett Creek Road had bee n on the list for a long time with nothing being done. Chairperson Burdick asked when Mr. Oshel was thinking of doing somethin g about this road. Mr. Oshel said it would probably be done i n November. He said he would take a look at the dust problem. Commissioner Lane said the strip of Fawcett Creek Road in fron t of the Boge residence was in need of repair also. Mr. Oshel said he would like to do both Fawcett Creek Road and Bewley Creek road this fall. UNSCHEDULED : Discussion Concerning Removal of Two Antennae o n the Communication Site on Hebo Mountain : Mr. Krebs said he wa s requesting authority to remove the antennae. He said PUD woul d help with the work with their personnel boom. The antennae pole s would be left in place for future use when needed. He asked the Commissioners' approval to use the services of Mr. Weston to monitor the removal of the antennae.

4 Page 4 A discussion followed regarding Mr. Weston's current status with the County. Commissioner Burdick said he wanted more time to consider thi s project. ITEM NO. 3 : (CONT'D) : Mr. Oshel discussed bridge project s throughout the County and their status. Chairperson Burdick asked what the status of Tone Bridge was. Mr. Oshel said full traffic was allowed. SITTING AS THE BOARD OF TH E SOLID WASTE SERVICE DISTRIC T ITEM NO. 6 : MISCELLANEOUS SERVICE DISTRICT MATTERS : no discussion. There wa s ITEM NO. 7 : DISCUSSION CONCERNING LAND FILL MATERIAL : Mr. Oshe l said he had contacted the Department of Environmental Qualit y regarding their determination as to what category concrete wa s in. He said they considered concrete as an earth fill materia l and not solid waste. Mr. Oshel said anything delivered to the Tillamook Transfe r Station would be charged for at the regular solid waste rate. A discussion followed regarding disposal of construction sit e material. Mr. Oshel said City Sanitary would receive a refund from Mr. Averill in the amount of.2 per pound for material he ha d delivered to S-C Paving. Mr. Lee Walker asked how Mr. Averill would determine the poundag e to be refunded to City Sanitary. Mr. Oshel said there were tickets showing the weight delivered to S-C Paving. Chairperson Burdick continued the matter until Mr. Averill coul d join the meeting. SITTING AS THE BOARD OF TH E HEBO SERVICE DISTRIC T ITEM NO. 8 : MISCELLANEOUS SERVICE DISTRICT MATTERS : Chairperso n Burdick said a repeat request for applicants for the Hebo Servic e District Advisory Board had been published in the Headligh t Herald.

5 Page 5 rth SITTING AS THE BOARD BOARD OF COMMISSIONER S UNSCHEDULED : Discussion Concerning a Flood Study : Mr. Oshel said a flood study had been requested for the County. A discussion followed regarding projects which would possibly ai d in controlling the flooding which occurs in Tillamook County annually. Commissioner Burdick asked if Mr. Oshel did not have the raisin g of the Wilson River Loop Road on the 6 year highway plan. Mr. Dove said the Corps of Engineer seminar had discussed the sam e issue. Commissioner Lane said if the Soil and Water Conservation Dis - trict wanted to sponsor the County, that would cover the fundin g problem for such a study. UNSCHEDULED : Discussion Concerning Rules Pertaining to Pullin g Timber Sales : Commissioner Lane relayed the information tha t before timber sales could be pulled, a meeting with the liaiso n for that sale was required. She suggested reviewing Tillamoo k County's timber sales. UNSCHEDULED : Consideration of Order Designating a Newspaper fo r the Publication of Warrants for Collection of Delinquent Persona l Taxes : Mr. Levesque explained the process for designating a newspaper for publication. Commissioner Lane moved to sign the order, Commissioner Dov e seconded, passed with three aye votes. The Commissioners signed Order # UNSCHEDULED : Consideration of Approval of Board of Commissioner s Minutes for January 6, 11, 17 and 22, 199 and June 25 and 26, 1991 : Commissioner Dove moved to approve the Minutes, Commis - sioner Lane seconded, passed with three aye votes. The Commissioners signed the Minutes later in the day. SITTING AS THE BOARD OF THE SOLID WASTE SERVICE DISTRIC T ITEM NO. 7 : (CONT'D) : Mr. Averill said he had talked with Mr. Doug Walker regarding the concrete delivered to the Tillamoo k Transfer Station. He said 24, pounds had been hauled to S- C Paving. He said he did not want any problems to exist betwee n the Transfer Station and the Sanitation Services.

6 Page 6 Chairperson Burdick said there was a matter of a.2 per pound refund to be made to City Sanitary and asked Mr. Averill to address that issue. Mr. Averill discussed the delivery of the concrete to th e Tillamook Transfer Station, and the subsequent hauling of it t o S-C Paving. Mr. Averill said he wanted something done. A discussion followe d regarding where construction site material (land fill) could b e dumped. Chairperson Burdick said the County now had a demolition site, and asked if everyone knew the location. Mr. Averill said Mr. Doug. Walker needed to contact Mr. Scott regarding the matter. Chairperson Burdick asked Mr. Oshel to address that issue. Mr. Oshel said there was no demolition site, that it was a dump sit e for land fill. He said all earth fill material should be dumpe d there. Commissioner Lane felt this was a communication problem. Mr. Doug Walker asked if that meant he could go to the S-C site. Mr. Oshel said what he was conveying was that concrete and stee l were not solid waste. He said it was considered land fill. SITTING AS TH E BOARD OF COMMISSIONER S ITEM NO. 9 : PUBLIC HEARING : NETARTS WATER DISTRICT ANNEXATION : Mr. Levesque said this was an annexation involving only on e property owner. He discussed the processes of the annexation. Mr. Levesque said if the Board of Commissioners would approve th e annexation by motion, an order could be prepared to complete th e process. Counsel Sargent said he would prepare the order if the Board o f Commissioners so indicated. Commissioner Lane moved to approve the annexation, Commissione r Dove seconded, passed with three aye votes. UNSCHEDULED : Discussion Concerning the Fairqrounds Sanitatio n System : Mr. Averill said Sanitarian Marshall would not allow th e County Fair to be held in 1991 unless he had in hand a documen t signed by the Board of Commissioners guaranteeing that a goo d sanitation system would be in place at the Fairgrounds withi n five years.

7 Page 7 Counsel Sargent said he did not know what Sanitarian Marshall ha d in mind. Commissioner Lane felt the only way the County shoul d get involved was in giving assistance to the Fair Board. A discussion followed regarding the possibility of getting th e Fairgrounds hooked up to Tillamook City's sewer system. Mr. Mahoney said the only feasible way to extend the sewer out a s far as the Fairgrounds was to include hookups for the Bureau o f Land Management, the Department of Forestry, the Fairgrounds an d the residents in that area. A discussion followed regarding extending the sewer system eas t on Third Street. Commissioner Lane said a meeting should be held with Sanitaria n Marshall. Commissioner Dove said Ms. Wujcik had set up th e meeting, but he was not aware of when it was scheduled. UNSCHEDULED : Discussion Concerning Excluded Personnel's Insur - ance Benefits Increase : Ms. Cherry said this matter had bee n discussed during Staff meeting on July 15th, but Commissione r Lane had requested solid figures on the cost of this increase t o the County. She said the increase had been included in th e current budget. Ms. Cherry presented the following figures : Composite rate on current premium is $363. County pay s premiums to estimated 85% of total A.O.C. $38. Calculated for budget : Estimated $559,773. Treasurer Budgeted $56,. 15 employees x $38 = $46,2 x 12 = $554,4. Commissioner Dove moved to increase insurance benefits for th e excluded personnel, Commissioner Lane seconded, passed with thre e aye votes. Chairperson Burdick recessed the meeting at 1 :43 a.m. and recon - vened at 11 : a.m. ITEM NO. 1 : PUBLIC HEARING : ZONE CHANGE REQUEST : ZC-91-2 : AN AMENDMENT TO THE TILLAMOOK COUNTY-NEHALEM URBAN GROWTH BOUND- ARY AGREEMENT, ORDINANCE #29 TO CHANGE THE COMPREHENSIVE PLA N DESIGNATION AND ZONING DESIGNATION FROM R-T(N) (MEDIUM DENSIT Y RESIDENTIAL) ZONE TO LM (N) (LIGHT INDUSTRIAL) : Mr. Jensen sai d Mr. Scovell requested a 12 acre parcel, which is supporting a previously existing dredging operation, be included in a Ligh t Industrial Zone.

8 Page 8 A discussion followed regarding the location of the parcel, an d the preexisting use. Commissioner Lane asked how much light industry was in the area. Mr. Jensen said this would be the first parcel. Commissioner Dove moved to approve the Zone Change, Commissione r Lane seconded, passed with three aye votes. Chairperson Burdick adjourned the meeting at 11 :1 a.m. RESPE TFULLY Submitted this /y day of July, Lei to Leake, Recording Secretar y APPROVED BY : KENNETH M. BURDICK IDA A. LAN E