MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETING Wednesday, November 27, 1996 (Filed 3/19/97) Page 1

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1 Page 1 COMMISSIONERS PRESENT: STAFF PRESENT: Ken Burdick, Chairperson Gina Firman, Vice Chairperson Jerry A. Dove, Commissioner Sue Cameron, Commissioner Elect William K. Sargent, County Counsel Paul Levesque, Executive Assistant Cornelia V. Glenn, Recording Secretary STAFF PRESENT FOR PORTIONS OF MEETING: Judy Keller, Accounting Clerk; Sara Charlton, Library Director; Jon Oshel, Public Works Director; Lt. Mike Pickett, Corrections Director, Tim Lutz, Assessor; Craig Schwinck, Personnel Director GUEST: Dave Hanlon, Jail and Justice Project Manager CALL TO ORDER: By Chairperson Burdick at 9:00 a.m. in the Justice Courtroom. ITEM NO. 1: CONSIDERATION OF THE PAY LIST: Commissioner Firman moved to sign the pay list, Commissioner Dove seconded, motion passed with The Commissioners signed the pay list. ITEM NO. 2: JAIL AND JUSTICE FACILITY UPDATE: Mr. Hanlon provided a brief summary of the project s progression. Chairperson Burdick recessed the meeting for an Executive Session at 9:08 a.m. and reconvened at 9:36 a.m. for consideration of a letter regarding Ramsey-Gerding Construction and to provide instruction to Mr. Schwinck regarding a matter discussed in executive session.. Commissioner Firman moved that the Board as well as County Counsel sign a letter, dated November 22, 1996, to Ramsey-Gerding Construction regarding the progress of the Jail and Justice Facility. Commissioner Dove seconded the motion. The motion passed with Commissioner Firman moved to instruct Mr. Schwinck to work with the State and to place the transfer of a Parole and Probation employee to the County on hold until the State s personnel action could be resolved. Commissioner Dove stated for the record that Rick Flory was the employee being discussed. He then seconded the motion. The motion passed with The Commissioners and Counsel Sargent signed the letter to Ramsay-Gerding construction and presented it to Lt. Pickett for mailing. ITEM NO. 4: MISCELLANEOUS PUBLIC WORKS: Chairperson Burdick said he read the

2 Page 2 LUBA order and was highly offended at being called a liar regarding the Board s intentions concerning the Hughey Lane road issue. There was a brief discussion concerning the issues related to the road and construction of new homes on Hughey Lane. Chairperson Burdick suggested Counsel Sargent attend the oral arguments in Salem. He then asked Mr. Oshel how soon could the road be repaired. Mr. Oshel said the road could be repaired in one summer if there were enough resources; however, he may be running the risk of violating contract laws. There was Board consensus for Counsel Sargent to attend the oral arguments in Salem. Chairperson Burdick said the conversation would continue after the results of the oral arguments were known. SITTING AS THE BOARD OF THE SOLID WASTE SERVICE DISTRICT ITEM NO. 5: CONSIDERATION OF AN ORDER INCREASING CUSTOMER RATES WITHIN OCEANSIDE SANITARY SERVICE FRANCHISE AREA: Mr. Oshel reminded the Board that the request had been submitted in July; however, there was no quorum and the increase was not approved at that time. A temporary increase had been authorized until the Advisory Committee could meet, review, modify, and approve the increase. The rate increase was approved, as submitted at the last Advisory meeting. Mr. Oshel asked that the Board sign the order increasing the rates retroactive to August 1. Commissioner Firman moved to sign the order, Commissioner Dove seconded, motion passed with The Commissioners signed Order # ITEM NO. 6: MISCELLANEOUS SERVICE DISTRICT MATTERS: Mr. Oshel said a modified rate schedule for the Coast Sanitary Service would be submitted at the next scheduled advisory meeting. There was a brief discussion concerning miscellaneous code enforcement issues. SITTING AS THE BOARD OF THE HEBO SERVICE DISTRICT ITEM NO. 7: MISCELLANEOUS SERVICE DISTRICT MATTERS: Mr. Levesque informed the Board that Mr. Jason Green had resigned as the Hebo District operator. He said Mr. Gerald Poulsen, retired engineer, had expressed interest to become district operator at $1,000 per month as a flat fee. A special meeting with the advisory committee would be held to discuss the proposal and provide a recommendation. He recommended that Mr. Richard Nystrom, Tillamook City licensed operator, act as supervisor to Mr. Poulsen. Mr. Levesque informed the Board that he met with DEQ staff and three members of the Hebo Advisory Committee to discuss issues and maintenance requirements regarding UV treatment and

3 Page 3 the gravel filter. SITTING AS THE BOARD OF COMMISSIONERS ITEM NO. 8: LIBRARY UPDATE: Ms. Charlton informed the Board that the Assistant Director would be retiring in January. She said the job would be advertised next week with hopes of receiving enough qualified applications to make a selection within the next two months. She said an Internet terminal would be opened in the Manzanita Library with another terminal to open in Pacific City soon after. Ribbon cutting ceremonies had been planned and the Board was invited to attend. Ms. Charlton said the Manzanita computer had been purchased with funds from a State Library grant and the cost of the internet service would be covered for a year. She said the Rockaway Beach branch was going strong, donations were coming in and the branch was expected to open soon. Ms. Charlton presented the Library budget and suggested going to a two year levy rather than a three year levy. She said the budget had been approved by the Budget Committee and had been the same for the past three years. Commissioner Dove asked Counsel Sargent if he was comfortable with the change to a two-year levy. Counsel Sargent said it was his understanding that the increase would go beyond the level. Therefore, he was very comfortable with the change. ITEM NO. 9: DISCUSSION CONCERNING ENVIRONMENTAL HEALTH FEES: Ms. Cameron presented a proposal for a 35% environmental health fee increase. She said the fee increase would keep Tillamook County in level with other Counties. In the past the Health Department did not place general funds into environmental health. Without the fee increase funds would have to be allocated to the general fund making it subject to Measure 47. She suggested making the fee increase because it would cover the cost of the program. She said Counsel Sargent had reviewed the proposal. Counsel Sargent said he was not a scholar on Measure 47 and could not predict the outcome and effects the increase would have. Commissioner Dove was very uncomfortable with accepting the fee increase and said he would not vote on the proposal unless legal counsel said it was all right. There was a brief discussion concerning Health Department fee increases before Commissioner Dove asked if the proposed fee increase was being done to offset Measure 47. Ms. Cameron suggested waiting until the legislature determined what public safety was before accepting the fee increase. She said she could adjust the budget and wait for Measure 47 to be defined. She felt the proposal met the criteria and said she could review the option of not making environmental health self-supporting. Commissioner Firman said she was a little more comfortable with raising the fees because of the offset. She did not want general property funds to go into any of it and felt the decision should be

4 Page 4 made after the definition of public safety was known. Commissioner Dove asked to clarify the statement Commissioner Firman had made. He asked if she meant to say the offset would be made with County tax dollars to get around Measure 47. Commissioner Firman said she understood what Commissioner Dove was trying to say; however, at the present the County did not use general funds, property taxes. She said the County would have to create departments that were self-sufficient through fees or give services back to the State. Counsel Sargent said Measure 47 had a clause that specifically addressed governments trying to use fees as a method of getting more money. He then read a portion of the Measure. Commissioner Firman asked Ms. Cameron if she was sure that environmental health was not property tax supported. Ms. Cameron said she had reviewed all the figures and was sure it was not. She said she was all right with the Board s decision if they chose not to approve the fee increase. She wanted everyone to know that the issue would have to revisited after Measure 47 has been settled. She said she would provide copies of the budget for review by Counsel. Chairperson Burdick said he would not support a fee increase as a circumvention of Measure 47. Commissioner Firman said she did not feel the fee increase was a circumvention. Commissioner Dove said he would not do anything to circumvent Measure 47 because the people had spoken. He would vote for the fee increase only if County Counsel says he did not have a legal problem with it and Ms. Cameron stated for the record that the increase was really needed. He said he would not vote in favor of the increase and have the people of Tillamook County think the Board voted to circumvent Measure 47. Ms. Cameron said the increase would not circumvent Measure 47. She offered a copy of the 1994 environmental health budget to the Board and Counsel Sargent and asked if they could see where the funds came from would it help make their decision. Counsel Sargent said he did not need to see the budget if Ms. Cameron could tell him that environmental health was not fully or partially paid for by property taxes. The Board decided to continue the discussion on Monday at Staff meeting. Ms. Cameron said she would bring additional information as needed. ITEM NO. 10: CONSIDERATION OF THE COMMISSIONERS PROXY FOR OREGON AND CALIFORNIA COUNTIES (O&C) ANNUAL MEETING: Commissioner Dove requested Commissioners Burdick and Firman sign the proxy for the Oregon and California Counties annual meeting. Commissioner Firman moved to authorize Commissioner Dove to represent and cast votes for Commissioners Burdick and Firman at the O&C annual conference on December 5, and 6, Commissioner Dove seconded and suggested that Commissioner Elect Cameron attend the conference. Ms. Cameron said she would check her calendar and consider attending. The motion passed with

5 Page 5 The Commissioners Burdick and Firman signed the proxy. ITEM NO. 11: CONSIDERATION OF AN ORDER DIRECTING THE SALE OF CERTAIN COUNTY-OWNED REAL PROPERTY TO JILL M. DIAL: Mr. Levesque said the order directed the execution of a deed. The property had been offered for sale in May for $3,000. There were no bids made at that time. An inquiry to purchase the property was made, adjoining property owners were notified, and a sealed bid sale was held for not less than $3,000. Ms. Dial offered $3,600 and the Board agreed to accept the offer at a previous meeting. Commissioner Dove moved to sign the order, Commissioner Firman seconded, motion passed with The Commissioners signed Order # ITEM NO. 12: CONSIDERATION OF A QUITCLAIM DEED FROM TILLAMOOK COUNTY TO JILL M. DIAL FOR LOTS 25-28, BLOCK 66, ROCKAWAY BEACH: Commissioner Firman moved to sign the quitclaim deed, Commissioner Dove seconded, motion passed with The Commissioners signed the Quitclaim Deed. ITEM NO. 13: CONSIDERATION OF AN ORDER VACATING THE PACIFIC CITY AMBULANCE SERVICE AREA AND ASSIGNMENT OF THE NESTUCCA VALLEY AMBULANCE SERVICE AREA (ASA): Mr. Levesque said this was the final order that would bring to close the process that began in May. The order would transfer the two service areas to the Lincoln City area subject to a change in the boundary on Highway 101. The order would become effective at 9:00 a.m. on December 1, Commissioner Dove moved to sign the order, Commissioner Firman seconded, motion passed with The Commissioners signed Order # ITEM NO. 14: CONSIDERATION OF MODIFICATION #2 BETWEEN TILLAMOOK COUNTY AND TOM GOULD TO CONTRACT #2085: Mr. Levesque discussed the reduction of purchase price and asked to confirm with Public Works before making timber sales in the future. Commissioner Firman moved to sign the contract modification, Commissioner Dove seconded, motion passed with The Commissioners signed the Contract Modification #2.

6 Page 6 ITEM NO. 15: CONSIDERATION OF AN AGREEMENT BETWEEN TILLAMOOK COUNTY AND H. R. JONES VENEER, INC. FOR DEMOLAY #2 TIMBER SALE: Mr. Levesque made a correction to the agenda stating that the agreement was for the Demolay #2 Timber Sale, not #1 as printed. Commissioner Dove moved to sign the agreement, Commissioner Firman seconded, motion passed with The Commissioners signed the agreement with H. R. Jones Veneer, Inc. ITEM NO. 16: CONSIDERATION OF AN ORDER ACCEPTING A DEED FOR A PORTION OF TILLAMOOK RIVER ROAD: Counsel Sargent briefed the Board with details regarding the settlement. He said there were only two pieces of property left to deal with on the Tone Road condemnation. Commissioner Firman moved to sign the order, Commissioner Dove seconded, motion passed with The Commissioners signed Order # ITEM NO. 17: CONSIDERATION OF PLAN AMENDMENT APPROVAL FORM (PAAF) #025 MODIFYING THE INTERGOVERNMENTAL AGREEMENT # BETWEEN TILLAMOOK COUNTY AND THE DEPARTMENT OF HUMAN RESOURCES: Commissioner Firman moved to authorize the Chairperson to sign the PAAF, Commissioner Dove seconded, motion passed with Chairperson Burdick signed the PAAF #025, modifying the Intergovernmental Agreement # with the Department of Human Resources. ITEM NO. 18: CONSIDERATION OF AN ORDER TRANSFERRING FUNDS BETWEEN BUDGETED LINE ITEMS FOR THE COMMUNITY CORRECTIONS DEPARTMENT: Commissioner Dove moved to sign the order, Commissioner Firman seconded, motion passed with The Commissioners signed Order # ITEM NO. 19: CONSIDERATION OF APPROVAL OF LIQUOR LICENSE APPLICATION FOR THE SCHOONER: Commissioner Dove moved to authorize the Chairperson to sign the liquor license application, Commissioner Firman seconded, motion passed with

7 Page 7 Chairperson Burdick signed the liquor license application. ITEM NO. 20: CONSIDERATION OF A RESOLUTION DETERMINING THE RESULTS OF THE NOVEMBER 5, 1996 SPECIAL ELECTION REGARDING THE FORMATION OF THE NORTH COUNTY RECREATION DISTRICT: Commissioner Firman moved to sign the resolution, Commissioner Dove seconded, motion passed with The Commissioners signed Resolution #R ITEM NO. 21: CONSIDERATION OF APPROVAL OF BOARD OF COMMISSIONERS MEETING MINUTES FOR MARCH 20, 1995 AND JANUARY 8, 1996: Commissioner Dove moved to approve the meeting minutes, Commissioner Firman seconded, motion passed with three aye votes. The Commissioners sign the meeting minutes. UNSCHEDULED: CONSIDERATION OF A REMODIFICATION OF THE DATA SALES ANALYST POSITION: Mr. Lutz explained that during the process of working on the Assessment and Taxation grant document, the plan stated that the position would be eliminated by the end of the fiscal year if the employee did not become an appraiser. He said the employee has become a registered appraiser and the position description was modified to include appraisal duties that the department was required to provide. He asked that the position be upgraded. Mr. Schwinck explained what the new modification position range, duties, and salary would be. He said market conditions supported the increase and the budget would support the position. There was further discussion concerning the matter. Commissioner Dove moved to grant the remodification of the Data Sales Analyst position to Appraiser, Commissioner Firman seconded, motion passed with Commissioner Dove asked Mr. Lutz if he would be able to give an estimate of what Measure 47 would do to property taxes as far as revenue was concerned. Mr. Lutz said the Measure 47 loophole presented an interesting situation. He then discussed the Library and Museum levies and the potential loss of revenue. UNSCHEDULED: DISCUSSION CONCERNING SEVERAL MISCELLANEOUS MATTERS: Mr. Levesque asked for direction and additional instruction concerning work on the dog ordinance. He asked if he should continue working on it or place it on hold pending the outcome of Measure 47. Commissioner Dove said several people have approached him asking for a dog ordinance. Commissioner Firman felt an ordinance was needed but thought it could wait until Measure 47 was better defined. The Board discussed the process involved with enforcing the ordinance and then agreed to place the item on hold pending the results of Measure 47.

8 Page 8 Counsel Sargent discussed matters concerning the jail, law library, and Federal Court. He said he may need help from former County attorneys if he needed to make any Federal Court appearances. The Board recognized the possible need for Counsel Sargent to contact former County attorneys and did not object. Commissioner Firman discussed her trip to Long Beach, California last weekend. She said she attended Drug Court and felt it would be something for Tillamook County to look into in the future. She said 60% of the crime in Los Angeles was drug and alcohol related. In cooperation with the Judges and the District Attorney, Los Angeles had been able to lower their crime rate because people were given the option of jail for seven years or entering a drug treatment. Commissioner Dove discussed traffic violations within Tillamook County and the need to take action against offenders. ITEM NO. 3: CODE ENFORCEMENT UPDATE: There was no discussion. Chairperson Burdick adjourned the meeting at 11:00 a.m. RESPECTFULLY submitted this Day of, 199. County Clerk: Josephine Veltri Cornelia V. Glenn-Weld, Recording Secretary & Special Deputy APPROVED BY: Chairperson Vice Chairperson Commissioner (g:\minutes\minutes1\ wpd)