William K. Sargent, County Counsel Paul Levesque, Management Analyst

Transcription

1 Page 1 [Filed with County Clerk ] COMMISSIONERS PRESENT: STAFF PRESENT: Gina Firman, Chairperson Jerry A. Dove, Vice Chairperson Sue Cameron, Commissioner William K. Sargent, County Counsel Paul Levesque, Management Analyst STAFF PRESENT FOR PORTIONS OF MEETING: Pat Oakes, Engineering Project Supervisor; Lt. Todd Anderson, Corrections Supervisior; Karen Groshong, Support Enforcement; Tom Ascher, Coastal Resource Planner; Lynn Krueger, Planner; Al Duncan, County Surveyor; and Lt. Mike Pickett, Sheriff s Department. GUEST: Linda Shaffer, Headlight Herald; Al Fisher, Tillamook B.P.O.E.; Nicki Steele; and Jeff Hastings. CALL TO ORDER: By Chairperson Firman at 9:03 a.m. in the Justice Courtroom. ITEM NO 1: MISCELLANEOUS PUBLIC WORKS: Mr. Oakes reported that he had additional information coming to the Commissioners on memorial signs. Commissioner Dove discussed the issue of the height of Tone Road bridge. Chair Firman stated there were signs being posted at the Bayocean Spit regarding hunting. She indicated she would discuss the matter with the Parks Superintendent. SITTING AS THE BOARD OF THE SOLID WASTE SERVICE DISTRICT ITEM NO 2: MISCELLANEOUS SERVICE DISTRICT MATTERS: There was no discussion. SITTING AS THE BOARD OF COMMISSIONERS ITEM NO 5: CONSIDERATION OF AN AGREEMENT WITH JOSEPHINE COUNTY FOR RENTAL OF TILLAMOOK COUNTY JAIL BEDS: Lt. Anderson discussed the status of the 24 rental beds. The inmates from Josephine County were already there and it was going smoothly, including medical issues and GED programs. The total population is now at 64 beds. There were still 31 more beds available for local inmates. Lt. Anderson also reported on the progress of video arraignment implementation. He also informed the Commissioners that the medical services provided at the jail by the Health Department were working very well. Commissioner Dove moved that the Commissioners sign the agreement with Josephine County for

2 Page 2 [Filed with County Clerk ] the rental of jail beds, Commissioner Cameron seconded, passed with three aye votes. The Commissioners signed the agreement. ITEM NO 6: CONSIDERATION OF AN AGREEMENT WITH COLUMBIA COUNTY FOR RENTAL OF TILLAMOOK COUNTY JAIL BEDS: Lt. Anderson stated that both the agreements include male and female beds. 17 beds were presently occupied by female inmates. 5 beds will be rented to Columbia County Commissioner Cameron moved that the Board sign the agreement with Columbia County, Commissioner Dove seconded, passed with three aye votes. The Commissioners signed the agreement. ITEM NO 3: PUBLIC HEARING: CONSIDERATION OF ENCROACHMENT LICENSE REQUEST BY RANDY SMEAD (LIBERTY MARKET): Mr. Oakes referred to the packet he provided to the Board. He stated that the Badgers were the present owners and that they had consented to the request for the encroachment license. Mr. Oakes stated that he had not received any written comments from the Pacific City Water District. The encroachment structure would be on skids and could be moved if necessary. Chairperson Firman opened the hearing for public testimony. There was no testimony given. Chairperson Firman closed the hearing. Commissioner Dove moved that the Board sign the encroachment license, Commissioner Cameron seconded, passed with three aye votes. The Commissioners signed the encroachment license. ITEM NO 7: CONSIDERATION OF ORDERS AMENDING THE TILLAMOOK COUNTY EMERGENCY OPERATIONS & MANAGEMENT PLAN REGARDING ANNEX C, ENTITLED ENVIRONMENTAL SERVICE AND ANNEX F, ENTITLED FLOOD EMERGENCY & OPERATIONS PLAN : Lt. Pickett stated they were required to update the Emergency Operations Plan. Commissioner Cameron stated her concerns had been answered. Commissioner Dove moved that the Board sign Order # amending the Emergency Operation Plan - Annex C, Commissioner Cameron seconded, passed with three aye votes. The Commissioners signed Order # amending Annex C of the Emergency Operations Plan. Commissioner Cameron moved that the Board sign Order # amending the Emergency

3 Page 3 [Filed with County Clerk ] Operation Plan - Annex F, Commissioner Dove seconded, passed with three aye votes. The Commissioners signed Order # amending Annex F of the Emergency Operations Plan. SITTING AS THE BOARD FOR THE HEBO SERVICE DISTRICT IN DISSOLUTION ITEM NO. 8: MISCELLANEOUS SERVICE DISTRICT MATTERS: There was no discussion. SITTING AS THE BOARD OF COMMISSIONERS ITEM NO 9: CONSIDERATION OF BOARD OF COMMISSIONERS MEETING MINUTES FOR SEPTEMBER 22, 1997: Commissioner Dove moved that the Board sign the minutes for September 22, 1997 as presented, Commissioner Cameron seconded, passed with three aye votes. The Commissioners signed the minutes for September 22, UNSCHEDULED: Discussion Regarding Hospital Parking Lot Survey: Al Duncan asked for clarification on the survey line at the hospital. The Board of Commissioners determined the intent was to acquire only the parking lot and area lights east of the parking lot. Discussion Regarding County Logo: The Board requested that Mr. Levesque check on copywriting the phrase Cheese, Trees and Ocean Breeze. He wanted to know if it had been done. Discussion Regarding Falcon Cable: Commissioner Dove reported that at the PUD meeting last evening there was a discussion regarding problems with Falcon Cable TV. The Board of Commissioners discussed franchising cable TV. Mr. Levesque was asked to set up a workshop on the matter. Counsel Sargent said he would check with Lincoln County legal counsel to determine how it is done in Lincoln County. ITEM NO 4: CONSIDERATION OF DECISION ON APPEAL OF CU-97-17: APPEAL OF PLANNING COMMISSION S DECISION TO ALLOW TILLAMOOK ELK S LODGE #1437 TO USE CERTAIN PROPERTY AS A 20 SPACE RECREATIONAL OVERNIGHT CAMPGROUND: Ms. Krueger distributed the proposed conditions of approval if the Board of Commissioner were to approve the use. Commissioner Dove stated that he liked the provision in item revised 7 regarding use of a PA system. Chair Firman felt it should be limited to the lower bench area. The Board of Commissioners discussed possible hours of PA operation. The Board felt 11:00 a.m. to 5:00 p.m. would be appropriate. In response to a question, Al Fisher stated the Elks rules addressed noise between 11:00 p.m. and 7:00 a.m. Chairperson Firman said that 7:00 a.m. was entirely too early for

4 Page 4 [Filed with County Clerk ] use of a PA system. Mr. Fisher advised their rules had no PA system. Chairperson Firman felt there should be a limit as to how many times per year the PA system could be used. Commissioner Cameron said no PA system should be allowed as part of the conditional use but that it should be regulated on a temporary use permit. She suggested that revised condition #7 should be deleted. There was discussion concerning the difference between a PA and a sound amplification system used by a band. Commissioner Dove was still uncomfortable with the day-time use. The Board of Commissioners concurred that revised #7 of the special conditions would be deleted and the original #7, which required a temporary use permit for using an amplification system, should be restored. The file would reflect that the amplified system would be limited to the lower deck of the campground if approved as a temporary use at a later date. Commissioner Dove felt the Elks should require signage for the highway for certain large events. Ms. Krueger said she would research the matter as to what level of use would trigger use of highway signs. The Board of Commissioners discussed the pros and cons of the fence requirement and the extent of vegetative buffer. Ms. Krueger stated 1600 feet of trees have already been planted. Commissioner Dove said the Elks should also be required to maintain the laurel hedge. Chair Firman and Commissioner Cameron said a fence was not necessary unless the neighboring property owners requested it. Commissioner Dove agreed. Chair Firman thought a letter should be sent to the Rouse residence and the Steele residence concerning whether they wanted a fence. In response to a question, Ms. Steele said she could not answer concerning the fence without talking to her husband. In 1992 they had left it to the Elks to either install a fence or a vegetation buffer, but the Elks did not do either. Commissioner Cameron and Dove felt a fence was not necessary. Chairperson Firman recessed the meeting at 10:04 a.m. and reconvened at 10:06 a.m. Chair Firman did not see a need to revise condition #14. Commissioner Dove agreed. Chair Firman wanted the approval limited to a year and then revisit the issue. Commissioner Dove felt revised condition #11 dealt with the issue of failure to comply. Chair Firman hoped there would be respectful dialogue between the Appellant and the owners. Tom Ascher stated the Board could grant conditional approval with a review of conditions in a year or two. The Board discussed that option and how it would work. Commissioner Dove felt a limited approval was not fair to either party. Commissioner Cameron thought a lot of the issues involved in the matter were related to the track record and that it appeared the track record had changed. She felt that the conditions being imposed addressed all of the issues with the campground. Commissioner Cameron stated that based on revised condition #7, 11 and 14 she was comfortable with the approval. Chair Firman asked for clarification on condition #10 that a caretaker would be present. Al Fisher

5 Page 5 [Filed with County Clerk ] responded that any Elk in good standing would be the caretaker until a permanent local caretaker was put in place. Ms. Krueger stated there would be regular visits by local members to ensure compliance until a permanent caretaker was located. Mr. Fisher said it would take a couple of years to provide a permanent caretaker. Commissioner Cameron moved to deny the appeal and allow the Conditional Use regarding the Elks Campground with conditions #7, #11 (revised) and #12 be added with the number of people recommended by the Oregon Department of Transportation and a maintenance plan be followed as an addition to #6. Commissioner Dove seconded the motion. Commissioner Cameron stated that reaching a decision on the matter had been difficult due to the history of the Elks campground. She felt the Elks had a lot riding on the approval and was comfortable with approving the use with the conditions changed as stated earlier. Commissioner Dove agreed with Commissioner Cameron. He felt the Elks had met the criteria including the noise issue. The motion passed with three aye votes. The Board would sign the findings and final order once they are prepared. Chairperson Firman adjourned the meeting at 10:34 a.m. RESPECTFULLY submitted this day of, 199. County Clerk: Josephine Veltri Lorrie McKibbin, Recording Secretary & Special Deputy APPROVED BY: Chairperson Vice Chairperson Commissioner