MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETING Wednesday, June 15, 1988 Page 1

Transcription

1 Page 1, ~ COMMISSIONERS PRESENT: STAFF PRESENT: Gerald J. Creasy, Chairman Gerald A. Woodward, Vice-Chairman Dean J. Kinkade, Commissioner Neal C. Lemery, County Counsel Karen Richards, Treasurer Mary Wujcik, Recording Secretary STAFF PRESENT FOR PORTIONS OF MEETING: Darlene Cherry, Personnel Director; Lynda Willard, Senior Planner; John Faudskar, 4-H and Extension Agent; Charlie Anderson, Parks Director; Irv West, Custodian; Jon Oshel, Public Works Director; Meg Gruwell, Zoning Administrator; Judy Wagner, Tax Collector GUESTS PRESENT: Mike Sims, Headlight Herald; Irv Elliot, Rick Lamers, Janitorial Bid; Tom Gray, TCI Director; Ann Swain, Rockaway Beach Mayor; Bob Miles; Don Averill, Eleanor Dye, Doug Walker, Solid Waste; Bob Thurmond ITEM NO.1: CALL TO ORDER: By Chairman Creasy at 10:00 a.m. in the Justice Court. / UNSCHEDULED: CONSIDEEATION OF TEMPORARY USE PERMIT FOR FIREWORKS: Ms. Willard said Paradise Cove had applied for a temporary use permit to set off fireworks on an island in Nehalem Bay. She said Mr. Staben had okayed it, and they are required to have water available. Mr. Lemery said there were some concerns on the part of the Health Department, but Ms. Willard said Mr. LaRiviere had no problems with it. Commissioner Woodward said he would like to see the Nehalem Rural Fire Department consulted. Ms. Willard said she would do so. Commissioner Woodward moved to approve the temporary use permit if the Nehalem Rural Fire Department also approved, Commissioner Kinkade seconded, UNSCHEDULED: DISCUSSION CONCERNING LETTER REGARDING SHELLFISH MONITORING PROJECT: Mr. Faudskar said the Northwest Region of the National Marine Fisheries Service had received an application from the West Coast Fisheries Development Foundation for federal assistance in conducting a shellfish monitoring project. This will help develop a national standard for monitoring shellfish. He and Ms. Cameron have developed a proposal for this project, and he asked the Commissioners to sign a letter supporting the project. Commissioner Woodward moved to approve the letter, Commissioner Kinkade seconded,

2 Page 2 The Commissioners signed the letter. UNSCHEDULED: DISCUSSION CONCERNING STATE PARK REGULATIONS: Chairman Creasy asked Mr. Anderson if he wanted to reply to the State's new regulations. Chairman Creasy said he felt the 6 foot leash length was too restrictive. UNSCHEDULED: CONSIDERATION OF TEMPORARY USE PERMIT FOR BAY OCEAN SPIT: Chairman Creasy said that it has been the policy to restrict driving on the beach there. Mr. Anderson said he signed off on the permit because the group will be using a vehicle only to transport items to and from the picnic site. He felt that would be all right as long as the vehicle does not stay there to be driven around on the beach. Ms. Willard said 20 people participated last year and they expect 30 people this year. There are adequate restroom facilities. It is a one day event and they will carry out their trash. All riders will stay on the trails. Commissioner Woodward moved to approve the temporary use permit, Commissioner Kinkade seconded, The Chairman signed th~ permit. UNSCHEDULED: CONSIDERATION OF ZC-88-05: TO REMOVE THE PLANNED DEVELOPMENT (PD) OVERLAY ZONE ON 109 ACRES WHICH IS CURRENTLY ZONED RR-PD (RURAL RESIDENTIAL-PLANNED DEVELOPMENT OVERLAY) ZONE AND IS LOCATED NORTH OF ALDERBROOK HILLS SUBDIVISION NEAR BAY CITY AND IS DESIGNATED AS TAX LOT 6000 OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 10 WEST, TILLAMOOK COUNTY, OREGON. MARIAN THOMPSON, APPLICANT; AND DECLARING AN EMERGENCY: Chairman Creasy said this zone change was approved at the June 8, 1988 Commissioners' meeting. The Commissioners' signed ZC UNSCHEDULED: DISCUSSION CONCERNING BENTON COUNTY COURT HOUSE CELEBRATION: Commissioner Woodward announced that Benton County would be celebrating the 100th birthday of their Courthouse on Saturday, July 9, 1988 at noon. ITEM NO.2: MISCELLANEOUS PERSONNEL MATTERS: Discussion Concerning Part-Time Employee for Road Department: Ms. Cherry said Mr. Oshel had requested additional help for his office, for 19, or fewer, hours per week. This employee would do the data entry. He has sufficient funds available. Ms. Cherry recommended the hiring.

3 Page 3 commissioner Kinkade moved to approve the hiring of a part-time employee for the road department, Commissioner Woodward seconded, Discussion Concerning Fee Collector at Barview Park: Ms. Cherry said Mr. Anderson would like to hire an additional fee collector for Barview Park. He has funding available in his labor line, as he has not filled the south county custodian position or the Barview security position. Mr. Anderson said the County is losing money by not having someone there to collect fees Sunday through Wednesday. Commissioner Woodward said he sees no problems as long as it is within the budget. commissioner Woodward moved to approve the hiring of an additional fee collector, Commissioner Kinkade seconded, passed with three aye votes. ITEM NO.3: DISCUSSION CONCERNING PROPOSED AMENDMENT TO THE' RETIREMENT PLAN FOR UNIFORMED EMPLOYEES: Ms. Cherry said this amendment would allow uniformed employees to put their money back into the retirement plan and let their years of service count towards retirement. These employees had been laid off and received their retirement money in a lump sum at that time. Ms. Richards asked if th~re would be any additional costs. Ms. Cherry said ~% of th~ annual salary of the employees involved. They will be obligated to repay the money distributed to them, plus the interest that would have been accumulated. commissioner Woodward moved to accept the proposed amendment to the retirement plan, Commissioner Kinkade seconded, passed with three aye votes. ITEM NO.4: BID OPENING: JANITORIAL SERVICES: Chairman Creasy opened the following bids: 1. Irv Elliot 2. Eleanor Lillienthal 3. Richard Lamers $21, $32, $30, Chairman Creasy said Mr. West will take the bids under advisement and a deqision will be made later in the day. ITEM NO.5: CONSIDERATION OF DISSOLUTION OF JACK CREEK WATER DISTRICT: Commissioner Woodward asked if the County would be relinquishing the easement back to the Krakes, and, if so, could they be asked to repay the $500 they received for the easement. Mr. Lemery said the County could bill the District for the expenses involved in removing the water tank from the easement. Commissioner Woodward felt the easement should be relinquished to the Krakes and they should pay to have the tank removed.

4 Page 4 ITEM NO.6: CONSIDERATION OF AMENDMENT #11 TO INTERGOVERNMENTAL AGREEMENT # WITH THE STATE MENTAL HEALTH DIVISION: Mr. Gray said this amendment will facilitate the accounting system. It is essentially a housekeeping measure. commissioner Woodward moved for approval of amendment #11 to the intergovernmental agreement, Commissioner Kinkade seconded, The Commissioners signed Amendment #11. ITEM NO.7: CONSIDERATION OF DANCE HALL PERMITS FOR TILLAMOOK COUNTY C-Bers AND TILLAMOOK SWISS SOCIETY: Commissioner Woodward moved for approval of the dance hall permits for the Tillamook C Bers and the Tillamook Swiss Society, commissioner Kinkade seconded, The Commissioners signed the permits. ITEM NO.8: CONSIDERATION OF NOTICE CANCELING OUTSTANDING WAR RANTS SEVEN YEARS OLD: Commissioner Woodward moved for approval of the notice, Commissioner Kinkade seconded, passed with three aye votes. The Commissioners signed the notice. ITEM NO.9: CONSIDERATION OF ORDER TRANSFERRING FUNDS BETWEEN BUDGETED LINE ITEMS FOR DISTRICT ATTORNEY: Commissioner Woodward moved for approval of the order, Commissioner Kinkade seconded, The Commissioners signed Order # ITEM NO. 10: EXECUTION OF TAX DEED TO TERRY J. AND EVELYN A. RASMUSSEN FOR 3Nl0 27CA 11901; CONSIDERATION OF ASSIGNMENT OF LAND SALE CONTRACT ON 3Nl0 27CA FROM AFFORDABLE ACCOMO DATIONS TO TERRY J. AND EVELYN A. RASMUSSEN: Mr. Levesque said the transfer is being set up under an escro~ at Key Title. He said the deed is really a fulfillment deed. The purchaser of the County property has to provide written notice of assignment. The assignment must be in writing and recorded. Mr. Levesque recommended the commissioners execute the deed and sign the escrow instructions. This will bring the Affordable Accomodations contract current. commissioner Woodward moved that the fulfillment deed be executed, Commissioner Kinkade seconded, The Commissioners signed the deed.

5 Page 5 commissioner Woodward moved to approve and execute the escrow instructions, commissioner Kinkade seconded, passed with three aye votes. The Commissioners signed the escrow instructions the next day. SITTING AS THE BOARD OF THE HEBO SERVICE DISTRICT ITEM NO. 11: MISCELLANEOUS SERVICE DISTRICT MATTERS: Commissioner Woodward said Mr. and Mrs. Pahl will be taking over the Rothenberger's property in Hebo and assuming their promissory note. Mr. Lemery will prepare the paperwork. SITTING AS THE BOARD OF THE SOLID WASTE SERVICE DISTRICT ITEM NO. 12: MISCELLANEOUS SERVICE DISTRICT MATTERS: Mr. Oshel said he had met with the Solid Waste Advisory Committee to discuss the proposals for the solid waste transfer station. City Sanitary's cost over a five year period was $2.5 million; Averill Trucking's cost was $2.7 million. The other three submitted proposals were at $3 million. The Committee recommended negotiating with city sanitary to develop firmer figures. If the figures do not change too much, the Committee recommended the Commissioners go with City Sanitary's proposal. Mr. Oshel said Mr. Averill had not been notified of the meeting. He and Mr. Oshel had a meeting and clarified Mr. Averill's figures. Mr. Oshel recommended he negotiate with City Sanitary and Averill Trucking, and present the new figures to the Solid Waste Advisory Committee at their next meeting. Chairman Creasy said he had some concerns which were not addressed by the Committee or the proposals. He said city Sanitary did not incorporate recycling into their proposal. Other concerns were: 1. There was no firm prices from City Sanitary; 2. they were asking for guaranteed tonnage; 3. they had no financing in place; 4. they did not utilize the ~eigh scale appropriately; 5. blacktopping is important; 6. water needs to be available; 7. these were proposals, not bids, and he felt it is inappropriate to single out two for negotiations. He felt all five companies should have another chance with these changes in the specifications.. Mr. Oshel said firm prices are a serious concern, but there needs to be a compromise between a firm price and the amount of tonnage. The County cannot afford a 100% risk, but asking the franchisers take the 100% risk would make prices too high.

6 Page 6 Mr. Oshel felt the two companies he would like to negotiate with are capable of getting the financing necessary. Everybody will be weighed, going in and going out. The only difference between the various proposals, is the traffic flow. Blacktopping can be planned. For washing down the trucks and the area, the present water tank can be used. City Sanitary wanted a different cash flow; it was planned for all monies to come to the county and then the Public Works Department would pay the franchisers; City Sanitary wanted to keep the cash they received, submit their bills to the County and have the County pay the difference. There was a consensus to keep the original arrangement, whereby the county receives all money collected. Mr. Oshel said all the proposals allow for recycling. It it is profitable, they will recycle. Mr. Lemery said he would like to meet with Mr. Oshel to review the contract law. They would decide whether to negotiate with the two lower proposals or resubmit the specifications to all five companies. Mr. Oshel asked Chairman Creasy what he would like to see as recycling requirements. Chairman Creasy said formal bins and a conveyor belt. Mr. Oshel said the County already exceeds the State's requirements fpr recycling..":-:' commissioner Woodward said the Board should authorize Mr. Oshel to consult with Mr. Lemery about negotiating with the two companies. If this is not legal, then the County must ask for new proposals from all five companies. There was a consensus to authorize this. Mr. Oshel said he would do this, and if necessary, he would resubmit requests for proposals to all five companies. This would be based on the existing estimated volume of 9,500 tons, and if it gets to be less than 8,000 tons, the a mounts would be pro-rated. Mr. Oshel said there is usually a 5% drop in tonnage with every price increase. Chairman Creasy said it would drop 10% with this increase. Mr. Oshel said he would base the bids on 8500 estimated tons; if the volume drops below 7,000 tons or the price goes above $10,000, the County will renegotiate. Chairman Creasy asked that Mr. Oshel consider looking at the idea of a turnaround, blacktopping, and water supply when he negotiates with the two companies or resubmits the requests. SITTING AS THE BOARD OF COMMISSIONERS ITEM NO. 13: MISCELLANEOUS PUBLIC WORKS: There was no discussion.

7 Page 7 ITEM NO. 14: PUBLIC HEARING: SURRENDERING JURISDICTION OVER NORTH THIRD AVENUE FROM FALCON STREET TO PALISADE STREET WITHIN THE CITY OF ROCKAWAY BEACH: Commissioner Woodward moved for approval of the surrender, Commissioner Kinkade seconded, passed with three aye votes. The Commissioners signed Order # ITEM NO. 15: PUBLIC HEARING: SURRENDERING JURISDICTION OVER EIGHTH STREET FROM HIGHWAY 101 TO CYPRESS AVENUE, AND ALL OF BAY LANE WITHIN THE CITY OF GARIBALDI: Commissioner Woodward moved for approval of the surrender, Commissioner Kinkade seconded, The Commissioners signed Order # ITEM NO. 16: CONSIDERATION OF AMENDMENT TO OPERATION AND FINAN CIAL PLAN WITH SIUSLAW NATIONAL FOREST FOR PATROL OF SAND LAKE: Commissioner Woodward moved for approval of the amendment, Commissioner Kinkade seconded, The Chairman signed the amendment. Commissioner Kinkade..left the meeting. ~.,.;i UNSCHEDULED: DISCUSSION CONCERNING MAXWELL MOUNTAIN DRAINAGE: Mr. Thurmond recapped his dealings with the County and his attempts to secure drainage for his property. He said the requirement that he pay the $7,000 before he could get his permits would preclude building this year. He also requested that the line be brought to his property. There was a consensus to have him pay the $7,000 when he hooks up. No decision was made regarding the line. The Commissioners will consult with Mr. Oshel on this matter. UNSCHEDULED: DISCUSSION CONCERNING ROCKAWAY BEACH'S ATTENDANCE AT THE CAPT. ROBERT GRAY PAGEANT: Ms. Swain felt July 3, 1988 was not a good day for Rockaway Beach to attend the pageant. Chairman Creasy said he would discuss the matter with the Commission and pick another day. ' Chairman Creasy recessed the meeting at 12:10 p.m. and reconvened at 1:30 p.m. ITEM NO. 17: PUBLIC HEARING: ZC-88-06: AN ORDINANCE TO AMEND ORDINANCE 29, 32, 33 AND CHANGE THE ZONING ON ACRES FROM R 2-Nm (MEDIUM DENSITY RESIDENTIAL-NEHALEM URBAN GROWTH BOUNDARY) TO RT-Nm (RESIDENTIAL TRAILER-NEHALEM URBAN GROWTH BOUNDARY) TO ALLOW THE PLACEMENT OF MOBILE HOMES ON PROPERTY NORTH OF HIGHWAY 101 NEAR BAYSIDE GARDENS AND DESIGNATED AS TAX LOTS 302, 305, AND 306, SECTION 28, TOWNSHIP 3 NORTH, RANGE 10 WEST; TILLAMOOK

8 Page 8 COUNTY, OREGON AND DECLARING AN EMERGENCY. CONNIE C. HENLEY, APPLICANT: Ms. Gruwell explained the changes. She said the density is basically the same for homes and mobile homes. The possible conditions that could be imposed were requiring the mobile homes be double-wide and/or have wood siding. Commissioner Woodward moved to adopt the zone change without the conditions, Commissioner Kinkade seconded, passed with three aye votes. UNSCHEDULED: DISCUSSION CONCERNING JANITORIAL SERVICE BIDS: Mr. West said he went over the bids that had been opened earlier in the day. He said the two higher bidders planned on haveing two people working. Mr. Elliot's bid was based on himself and his 15 year old son doing the work. Mr. West brought up the fact that a service would not be able to cover the Courthouse in an emergency, or fill in for him when he is gone. Ms. Cherry said a full time janitor would cost the County $21,494 per year in wages and benefits. commissioner Woodward moved to throw out the bids and hire a janitor, Chairman Creasy seconded, passed with two aye votes. Commissioner Kinkade voted nay. ~.;; Mr. West said he had received many compliments on the current part-time janitor. Commissioner Woodward moved to authorize Ms. Cherry to post for the position of a regular full-time janitor, commissioner Kinkade seconded, Chairman Creasy adjourned the meeting at 2:00 p.m. this ~3 day of June, APPROVED BY: ~, ~ GAW