MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETING Wednesday, July 18, 1990 Page 1

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1 Wednesday, July 18, 1990 Page 1 COMMISSIONERS PRESENT: Ida A. Lane, Chairperson Kenneth M. Burdick, Vice-Chairperson Robert B. Miles, Commissioner STAFF PRESENT: William K. Sargent, County Counsel;. Leota Leake, Recording Secretary STAFF PRESENT FOR PORTIONS OF MEETING: Karen Richards, Treasurer; Jon Oshel, Public Works Director; Paul Levesque, Research; Darlene Cherry, Personnel Director; Lt. Tom Dye, Corrections Department; GUESTS PRESENT: Tom Deines, Hamilton Construction; Laurie Youker, 4-H & Extension Service; Joan McNamara, M.L. Holmes General Construction; Richard Wurst, Wurst Construction; Jerry Dove, County Commissioner Candidate; Harold Weber, Weber Bros. Construction; Jim Engles, June Engles, Nehalem Sport Camp; H. W., Linker, North Tillamook County Sanitary Authority; Charles Graham, Donna Graham, Nehalem Sportscamp; David H. Draper CALL TO ORDER: By Chairperson Lane at 10:00 a.m. in the Justice Court Room. ITEM NO.1: PUBLIC HEARING: CONSIDERATION OF ANNEXATION OF LAND AND TERRITORY TO THE NORTH TILLAMOOK COUNTY SANITARY AUTHORITY MOHLER CO-OP PROPERTY: Mr. Levesque said the hearing had been initiated by resolution of the North Tillamook County Sanitary Authority. Chairperson Lane asked if anyone was present to give testimony on this matter. There was no testimony given. Chairperson Lane entertained a motion to approve the annexation of the land and territory to the North Tillamook County Sanitary Authority. Commissioner Miles so moved, Commissioner Burdick seconded, motion passed with three aye votes. ITEM NO.2: CONSIDERATION OF AGREEMENT BETWEEN OREGON STATE UNIVERSITY EXTENSION SERVICE AND TILLAMOOK COUNTY TO PROVIDE LOCAL EXTENSION SERVICES: Chairperson Lane entertained a motion to sign the agreement with the Oregon State University Extension Service. Commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes. The Commissioners signed the Agreement. ITEM NO.3: BID OPENING: SANDING SHEDS: Chairperson Lane opened the bids for the sanding sheds.

2 Wednesday, July 18, 1990 Page 2 The bids were as follows: Company Total Bid 1- M. L. Holmes $239, Len Hufford Const. Co. $195, M. G. Construction $144, Weber Bros. Const. Co. $178, Wurst Construction $240,000. Chairperson Lane said the apparent low bidder was M.G. Construction. The bids would be given to Mr. Oshel for his review. ITEM NO.4: BID OPENING: ROBINSON BRIDGE: Chairperson Lane opened the bids for Robinson Bridge. The bids were as follows: Company Total Bid 1-2 G Construction $191, Kip Construction $197, civil Construction $153, Hamilton Construction $186,495. Chairperson Lane said the apparent low bidder was civil Construction. The bids were given to Mr. Oshel for his review. ITEM NO.5: CONSIDERATION OF ORDER NOMINATING MEMBERS TO THE GOVERNOR FOR APPOINTMENT TO THE OREGON TOURISM ALLIANCE: Chairperson Lane said one elected official and one lay citizen would be appointed to the Board for the purpose of selecting the projects for the Lottery funds. Chairperson Lane entertained a motion to nominate Ida A. Lane and Van Moe to the Governor for appointment to the Oregon Tourism Alliance. Commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes. The Commissioners signed Order # ITEM NO.6: CONSIDERATION OF AMENDMENT #13 TO THE INTERGOVERN MENTAL AGREEMENT # WITH THE STATE OF OREGON MENTAL HEALTH DIVISION: Chairperson Lane said this Amendment increases the amount of contribution to the County for case management. Chairperson Lane entertained a motion to sign the letters of acknowledgment and acceptance of the modification. Commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes. The Commissioners signed the Letters of-acknowledgment and Acceptance.

3 ~) Wednesday, July 18, 1990,.. Page 3 UNSCHEDULED: Discussion Concerning Oregon Coastal Zone Management Association Representative: Chairperson Lane entertained a motion that Ken Burdick be designated as Representative and Ida A. Lane as Alternate Representative to the Oregon Coastal Zone Management Association. Commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes. ITEM NO.7: CONSIDERATION OF ANNEXATION OF LAND AND TERRITORY TO THE NORTH TILLAMOOK SANITARY AUTHORITY - SPORTSCAMP INC. PROPER TIES: Chairperson Lane entertained a motion to approve the annexation of land and territory - Sportcamp Inc. properties - to the North Tillamook Sanitary Authority. Commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes. ITEM NO.8: CONSIDERATION OF TAX LAND INSTALLMENT CONTRACTS WITH PHIL MASSEBEAU, SCOTT LEE KNEPPER, HARRY TARR, MICHAEL F. BROWN, EDWARD ALEXANDER ZORICH, LARRY AND TAMARA A. OLDS, AND ROBERT LEE CISSNA FOR TAX FORECLOSED PROPERTY IN TILLAMOOK COUNTY: Mr. Levesque said all the Contracts had been returned for recording. They were all 5 year contracts with 10% interest. Chairperson Lane entertained a motion to sign the iand installment contracts with Phil Massebeau, Scott Lee Knepper, Harry Tarr, Michael F. Brown, Edward Alexander Zorich, Larry and Tamara A. Olds and Robert Lee Cissna. Commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes. The Commissioners signed the Contracts. ITEM NO.9: CONSIDERATION OF APPLICATION TO THE STATE DEPARTMENT OF TRANSPORTATION FOR SPECIAL TRANSPORTATION FUND MONEY FOR FISCAL YEAR: Chairperson Lane entertained a motion to approve the Special Transportation Fund Quarterly report. Commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes. Chairperson Lane entertained a motion to sign the application for the Special Transportation Fund monies. Commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes.. The Commissioners signed the Application and Letters. ITEM NO. 10: PUBLIC HEARING: CONSIDERATION OF PROPOSED ANNEX ATION TO CLOVERDALE WATER DISTRICT: Mr. Levesque explained the process for the annexation to,cloverdale Water District. Chairperson Lane entertained a motion to approve the annexation to the Cloverdale Water District. commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes.

4 () Wednesday, JUly 18, 1990 Page 4 ITEM NO. 11: CONSIDERATION OF ORDER FOR SIGNING A RETAINER AGREEMENT WITH BULLIVANT, HOUSER, BAILEY, PENDERGRASS & HOFFMAN: Chairperson Lane said this was the firm who would represent Tillamook County in the Olaf Hallstrom II suit against Tillamook County. Chairperson Lane entertained a motion to sign the retainer agreement with Bullivant, Houser, Bailey, Pendergrass & Hoffman. Commissioner Miles so moved and Commissioner Burdick seconded the motion. Chairperson Lane asked for discussion. Commissioner Burdick said the cost of pollution insurance was not in the scope of Tillamook County's budget. The cost of a policy would be $75,000 with a $25,000 deductible clause, and a $10,000 nonrefundable investigative fee would be charged with no assurance of writing the insurance. The-motion passed with three aye votes., The Commissioners signed Order # ITEM NO. 12: CONSIDERATION OF AGREEMENT FOR PROFESSIONAL SERVIC ES WITH BULLIVANT, HOUSER, BAILEY PENDERGRASS & HOFFMAN, A LAW FIRM: Chairperson Lane said this agreement set out the rates of pay schedule to be charged by the law firm. Chairperson Lane entertained a motion to sign the agreement for professional services with the law firm of Bullivant, Houser, Bailey, Pendergrass & Hoffman for Tillamook County. Commissioner Miles so moved, Commissioner Burdick seconded. Chairperson Lane asked for discussion. Ms. Richards said it was important that the public be informed of the case Mr. Hallstrom has filed and the impact it could have on the County's budget. Mr. Sargent said the insurance company was not, at this point, going to indemnify the County. The motion passed with three aye votes. The Commissioners signed the Agreement. ITEM NO. 13: PUBLIC HEARING: DISCUSSION ON CONSIDERATION OF ROAD HAZARD ON MISTY DRIVE: Mr. Oshel said the road hazard had been eliminated. The item was cancelled. SITTING AS THE BOARD OF THE HEBO SERVICE DISTRICT ITEM NO. 14: MISCELLANEOUS SERVICE DISTRICT MATTERS: Commissioner Burdick requested approval of the Board of Commissioners to purchase safety equipment for the Hebo treatment plant. He said an eye wash fountain and goggles were needed.

5 .G Wednesday, July 18, 1990 '. ' Page 5 There was a consensus to purchase the safety equipment for the Hebo Service District. SITTING AS THE BOARD OF THE SOLID WASTE SERVICE DISTRICT ITEM NO. 15: MISCELLANEOUS SERVICE DISTRICT MATTERS: Discussion Concerning the Leachate Problem: 'Mr. Oshel said he was meeting with the engineers on the leachate problem that afternoon. Discussion Concerning the Proposed Changes in the Solid Waste Ordinance: Mr. Sargent said he had reviewed the proposed changes in the Solid Waste Ordinance and felt there was nothing inappropriate. Discussion Concerning the, Solid Waste Assessment: Mr. Oshel said there had been some telephone response to the solid waste assessment which had been mailed out. The main response had been whether or not there was a house on the assessed property. These calls had been referred to the Assessor's office. SITTING AS THE BOARD OF COMMISSIONERS ITEM NO. 16: CONSIDERATION OF EXECUTION OF REVOCABLE LICENSE FOR USE OF A PORTION OF PUBLIC RIGHT-OF-WAY ON YAMHILL STREET IN NESKOWIN: Counsel Sargent said Ms. Albright had originally moved for a vacation of Yamhill Street, but had withdrawn the petition. The clients were now requesting a revocable license. Ms. Albright had requested some changes in the license, but had been informed they were not negotiable. Chairperson Lane entertained a motion to sign the revocable license for the Kelly's to encroach on the public right-of-way on Yamhill Street in Neskowin. Commissioner Miles so moved, Commis-sioner Burdick seconded. Chairperson Lane explained that the revocable license allowed the encroachment legally, but it also guaranteed by signature the grantees will remove their encroachment when the county needs the right-of-way. The motion passed with three aye votes. The Commissioners signed the Revocable License. UNSCHEDULED: Discussion concerning An Encroachment on County Right-of-Way on Vermilyea Road: Chairperson Lane said Mr. Draper had a problem on Vermilyea Road like the one similar to the one on Yamhill Street. Mr. Oshel presented information from the Road Department perspective. The Road Department maintained there was a 60 foot right-of-way on Vermilyea Road. There were no plans for widening the road at this time. The Road Department was doing construction in the Vermilyea Rotad area. They could do their work without relocating the fence or could relocate the fence as they were working in the area. It would be the choice of the Board of Commissioners.

6 o (j MINUTES - TILLAMOOK COUNTY Wednesday, July 18, 1990 Page 6 BOARD OF COMMISSIONERS' MEETING Mr. Draper said moving his fence would ruin his place on Vermilyea road, but moving his fence on the Miami Foley road would be acceptable. Chairperson Lane said issuance of the revocable license by the County was the only wayan encroachment on the County right-ofway could be made legal. She explained these licenses were being issued on a case by case basis. She said if Mr. Draper had no objection, a revocable license would be issued to him for his encroachment on Vermilyea road. Mr. Draper accepted the revocable license. Chairperson Lane said the Public Works Department would issue the. revocable licenses on encroachments. Mr. Oshel said he would prepare one on the Draper encroachment and expedite it. ITEM NO. 17: MISCELLANEOUS PUBLIC WORKS: Discussion Concerning Bulk Fuel Purchase: Mr. Oshel said bulk fuel had gone down four tenths of a cent this year. He said the premium fuel had been increasing in price. He felt a contract would protect the County in case of a fuel shortage. The contract required'the County be given a fuel purchase priority. Chairperson Lane entertained a motion to sign the contract between Tillamook county and Brennan-Nelson oil Company for bulk fuel purchase. Commissioner Miles so moved, Commissioner Burdick seconded, motion passed with three aye votes. The Commissioners signed the Contract. ITEM #4 (CONT'D): Award of the Robinson Bridge Contract: Mr. Oshel recommended awarding the Robinson Bridge Contract to civil Construction whose total bid was $153,913. Chairperson Lane entertained a motion to award the Contract for Robinson Bridge to civil Construction. commissioner Miles so moved, and Commissioner Burdick seconded. Chairperson Lane asked for discussion. commissioner Burdick said the cost was too high for a bridge which one resident of the County used. Mr. Oshel said there was logging to be done in the area which would use the bridge. Commissioner Burdick asked if that one logging contract had not been cancelled due to the Northern Spotted Owl. Chairperson Lane asked if there were any other l;'ecourse. Motion passed with three aye votes. The Contract for Robinson Bridge was awarded to civil Construction. ITEM NO. 3 (CONT'D): Award of the Sanding Shed Bids: Mr. Oshel said the initial estimate of the cost to be $20,000 per shed had

7 () \' Wednesday, July 18, 1990 Page 7 been arrived at based on the known figures on Don Averill's large metal building. When he had checked further, the cost of metal buildings had gone up, and he had increased his estimate to $30,000 per shed. He said a bid had been turned in for $48,000 for one building. He said there were three sanding sheds planned. He felt if the sand were wet and frozen in the winter from being out in the open it jammed up in the machine and caused undue delay. Commissioner Miles said the freezing did not occur very often in this area. Mr. Oshel said it usually occurred one to two weeks each year. Commissioner Burdick asked if tarping the sand might not be the answer. Mr. Oshel said the problem was keeping the tarp in place. Chairperson Lane entertained a motion to reject all Sanding Shed bids and drop the Sanding Shed project until a better idea was presented. Commissioner Miles so moved, Commissioner Burdick seconded"passed with three aye votes. ITEM NO. 17: MISCELLANEOUS PUBLIC WORKS: Discussion Concerning Repairing Wilson River Loop: Mr. Oshel said this portion of Wilson River Loop was within the city limits of Tillamook. He felt 24 foot paving and ditching was what the City would require. There was a discussion as to what could be done to repair this portion of the road. There was a consensus to do patching only and not offer it to the City of Tillamook at this time. ITEM NO. 18: DISCUSSION CONCERNING CORRECTIONS WORK CREW INSUR ANCE: Lt. Dye said he had checked with Ms. Cherry, Personnel Director, on the cost of State Accident Insurance Fund insurance for the work crew. He felt the crew should be covered with SAIF insurance the first year until the County knew the type chores, schedule and all the unknown factors at this time connected with the corrections work crew. Chairperson Lane asked if it were possible to change insurance companies after a year's study was completed. She felt if a claim were filed during the first year, it would require the County to continue SAIF coverage. Lt. Dye said restitution could be part of the sentence imposed on the offender by the Judge. Lt. Dye said medical aid was available through the jail for the minor injuries such as small cuts. A major injury claim would be the only type filed with SAIF. Counsel Sargent said he had clients who were more than happy to pay the bracelet charge which had been imposed, and he felt the insurance charge would also be accepted readily. Chairperson Lane entertained a motion to implement the State Accident Insurance Fund Insurance, have signed disclaimers and instigate restitution to the County for the insurance cost through sentencing of the offenders for the Corrections work crew. Commissioner Miles so moved, Commissioner Burdick seconded, passed with three aye votes.

8 _.. _._--~ ~----~ _._~-_._--_._ , MINUTES - TILLAMOOK COUNTY Wednesday, JUly 18, 1990 Page 8 BOARD OF COMMISSIONERS' MEETING UNSCHEDULED: Discussion Concerning Corrections Department Laundry: Lt. Dye said the lowest price he had been able to negotiate for doing the laundry of the jail was $1.50 per pound. This would be a short term need for the Corrections Department until the washing machine was either repaired or replaced. Lt. Dye said the machine was almost 6 years old. There was a discussion as to laundry poundage and type being done per day. UNSCHEDULED: Discussion Concerning the Appraiser' 2 position in the Assessor's Office: Ms. Cherry said the Assessor had approached her about the Appraiser 2 position open in his department. He had requested filling that position with an Appraiser 1 instead of an Appraiser 2. There was a consensus to allow the Assessor to fill the Appraiser 2 position with an Appraiser 1. UNSCHEDULED: Discussion Concerning the Salary of the Personnel Assistant: Ms. Cherry said Mr. Pickering had performed outstandingly in his few months of employment with the County. He had come to the County with prior personnel experience. Ms. Cherry requested Mr. Pickering be given an increase in salary at this time~ Chairperson Lane asked if this would be giving an increase earlier than called for, or would it be in addition to his normal yearly evaluation. Ms. Cherry said she would like this to be in addition to his normal yearly evaluation to be scheduled later in the year. There was a consensus to allow David Pickering be given the next step in the salary range at this time. Chairperson Lane adjourned the meeting at 12:00 noon. CTFULLY Submitted this -~~ day of August, () ~ Secretary ~EDBY: ~" '/Ida.~.fa. ~@ IDA A. LANE - RBERTB: MILES _~r(l~~ KENNETH M. BURDIC~