MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN G Wednesday, March 24, Page 1

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1 Page 1 COMMISSIONERS PRESENT : STAFF PRESENT : Kenneth M. Burdick, Chairperso n Gina Mulford, Vice Chairperso n Jerry A. Dove, Commissione r Paul Levesque, Executive Assistan t Leota Leake, Recording Secretary STAFF PRESENT FOR PORTIONS OF MEETING : Rich Gitschlag, Engineer ; C. Anderson, Superintendent of Parks ; Judy Keller,' Purchasing ; Shirley Brunson, Chief Deputy Treasurer ; Liesel Wiesinger, Clerk - Tax Department ; Iry West, Custodian ; Darlene Cherry, Personnel Director ; Lynda Willard, Operations Manager GUESTS : Sally Ousley Mitsatko, Headlight Herald ; Tom Weber, Tillamook Fire Chief ; Hazel Baertlein, Jerry Underwood, Fairgrounds ; District Court Judge Roll ; J. M. McDonald, Juli a Pieren, Cole Martensen, Barbara Trout, Mary Gossart, Elaine S. Cummings, Patricia Hilliard, Jane Hilliard, N. Bell, Kathleen J. Gorham, Jaylen Jone s By Chairperson Burdick at 9 :00 a.m. in the Jus- CALL TO ORDER : tice Court room. ITEM NO. 1 : BID OPENING : SALVAGE OF COUNTY-OWNED TIMBER : Chairperson Burdick opened the bids, and stated that the County was looking for a high bid. The bids were as follows : Company Bid Amoun t Ray Yost Logging Co. $12, Cole Martensen Logging Co. $32, Jack McDonald $16, Mr. Levesque asked if the Cole Martensen bid was only on th e marked trees. Mr. Martensen said yes. Chairperson Burdick gave the bids to Mr. Gitschlag and Mr. Levesque for review. ITEM NO. 2 : CONSIDERATION OF DANCE HALL PERMIT : Commissione r Dove felt the Commissioners should not issue dance hall permits. He felt the ordinance pertaining to dance hall permits should b e abolished. There was a consensus to have Paul Levesque work o n this matter. Chairperson Burdick entertained a motion to issue the dance hal l permit to the Tillamook Swiss Society for April 27, Commissioner Mulford so moved, Commissioner Dove seconded, passed with three aye votes.

2 Page 2 The Commissioners signed the Dance Hall- Permit. UNSCHEDULED : DISCUSSION CONCERNING EMPLOYEES RESCUE OF CITIZEN : Commissioner Dove said three Road Department employees, Bo b Crist, Bill Jones and Rick Kjemperud, rescued a 78 year old lad y when her car went into the river at the 5 mile post up the Miami- Foley Road. Commissioner Dove moved to send a letter of commendation to eac h of the Road Department employees, Commissioner Mulford seconded, passed with three aye votes. The Commissioners signed the letters. ITEM NO. 4 : CONSIDERATION OF ORDER ANNEXING LAND AND TERRITORY TO THE NEHALEM BAY WASTEWATER AGENCY : Mr. Levesque said thi s annexation had been approved March 10th at the Board of Commissioners' meeting. This was the order implementing th e annexation. Commissioner Mulford moved to sign the order annexing land and territory to the Nehalem Bay Wastewater Agency, Commissioner Dov e seconded, passed with three aye votes. The Commissioners signed Order # ITEM NO. 3 : BID OPENING : DAIRY BARN ENGINEERING PROPOSALS : Chairperson Burdick opened the bids. They were as follows : Company Bid Amount Steve Rychetsky $ 4, RSS Architecture $34, Chairperson Burdick gave the proposals to Mr. Levesque and Mr. Gitschlag for review. ITEM NO. 6 : EXECUTION OF AN AMENDMENT TO THE COMPREHENSIVE PLA N ORDINANCE NO. 32 AND THE LAND USE ORDINANCE NO. 33 ; AND DECLARIN G AN EMERGENCY ; REGARDING ZONE CHANGE ZC : Commissione r Mulford moved to sign the Amendment to the Comprehensive Pla n Ordinance No. 32 and the Land Use Ordinance No. 33, Chairperso n Burdick seconded, Commissioner Dove abstained, motion passed wit h two aye votes. Commissioners Burdick and Mulford signed the Amendment. Commissioner Dove abstained. ITEM NO. 10 : CONSIDERATION OF RESOLUTION APPROVING THE IMPLEMEN - TATION OF THE TILLAMOOK COUNTY JUVENILE DIVERSION PLAN FOR THE BIENNIUM : Commissioner Mulford moved to sign th e Resolution approving the implementation of the Tillamook County

3 Page 3 Juvenile Diversion Plan for the Biennium, Commissione r Dove seconded, passed with three aye votes. The Commissioners signed Resolution #R ITEM NO. 5 : PUBLIC HEARING : COMMUNITY DEVELOPMENT BLOCK GRANT HEARING : Mr. Levesque said a decision had been made to pursu e home rehabilitation as the grant project. He explained th e concept of the proposed program. Chairperson Burdick said staff had'been heard. He opened the public hearing for public testimony. There were no comments. Chairperson Burdick closed the public hearing to public testimony. Mr. Levesque said he would visit individually with the Commissioners before the March 31st Board of Commissioners meeting t o explain thoroughly the program. The decision as to whether o r not to pursue the project had to be made at that meeting becaus e the paperwork on the project had to be in Salem before Friday, April 2nd. Chairperson Burdick closed the public hearing. ITEM NO. 7 : EXECUTION OF AMENDMENT TO CONTRACT WITH THE STATE O F OREGON, ECONOMIC DEVELOPMENT DEPARTMENT, FOR THE NESKOWIN SANI - TARY SEWER PROJECT : Mr. Levesque said this amendment to the contract was an extension of time through June, He said it would allow more time for completion of the project. Commissioner Dove moved to authorize the Chairperson to sign th e Amendment to the Contract with the State of Oregon Economi c Development for the Neskowin Sanitary Sewer project, Commissione r Mulford seconded, passed with three aye votes. The Chairperson signed the Contract Amendment. There was no discus- ITEM NO. 11 : MISCELLANEOUS PUBLIC WORKS : sion. ITEM NO. 12 : CONSIDERATION OF ORDER TRANSFERRING FUNDS BETWEE N BUDGETED LINE ITEMS FOR PUBLIC WORKS : Commissioner Dove moved t o sign the order transferring funds between budgeted line items fo r the Public Works Department, Commissioner Mulford seconded, passed with three aye votes. The Commissioners signed Order #93-49.

4 Page 4 ITEM NO. 3 : (CONT'D) : Mr. Gitschlag recommended awarding th e Dairy Barn Engineering project to Steve Rychetsky who was the lo w bidder. Mr. Levesque said the proposal had required that the low bidde r be prepared to follow the specifications as set out. In the public interest, the difference of $4,400 against $34,700, it wa s advisable to award the bid to Mr. Rychetsky. Commissioner Dove moved to award the bid to Mr. Rychetsky, Commissioner Mulford seconded, passed with three aye votes. ITEM NO. 1 : (CONT'D) : Mr. Gitschlag recommended awarding th e County-Owned Timber bid to Cole Martensen. Commissioner Mulford moved to award the bid to Cole Martensen, Commissioner Dove seconded, passed with three aye votes. The bid was awarded to Cole Martensen. Commissioner Dove asked if an official dedication of the money t o be received from the sale of the trees had been made. Chairperson Burdick said no. Commissioner Dove moved to dedicate to the Fairgrounds Dairy Barn project the revenue received from the sale of the trees locate d at the Swiss Hall location on the Fairgrounds, Commissione r Mulford seconded, passed with three aye votes. ITEM NO. 8 : DISCUSSION CONCERNING OREGON YOUTH CONSERVATIO N CORPS : Mr. Anderson said through this program the Tillamoo k County Parks Department would receive help from 3 youths, aged from 16 to 19 years, for 9 weeks during the summer working i n Tillamook County parks. He said these would be disadvantage d youths. Commissioner Mulford asked about the match required. Mr. Anderson said the match would be made in materials, supplies an d wages for personnel now employed by the Parks Department. Chairperson Burdick entertained a motion to authorize Superintendent Anderson to sign a Statement of Assurances and Grant Reques t Proposal with the Tillamook County Children & Youth Service s Commission, Oregon Youth Conservation Corps Grant. Commissioner Mulford so moved, Commissioner Dove seconded, passe d with three aye votes. ITEM NO. 9 : PUBLIC HEARING : CONSIDERATION OF LIQUOR LICENS E APPLICATIONS FOR THOUSAND TRAILS AND DRY DOCK AT 101 CAMP : Chairperson Burdick opened the public hearing for public comment.

5 Page 5 There were no public comments. Chairperson Burdick closed the public hearing to public comments. Chairperson Burdick opened the public hearing to comments from the Board. Commissioner Dove asked if all the departments had signed off. Chairperson Burdick said yes. Commissioner Dove moved to authorize the Chairperson to sign th e Liquor License Applications, Commissioner Mulford seconded, passed with three aye votes. The Chairperson signed the Liquor License Applications. UNSCHEDULED : DISCUSSION CONCERNING PLANTING TREES ON COURTHOUS E LAWN : Mr. West, Custodian, had been approached to plant tw o flowering cherry trees on the Courthouse lawn in memory of Commissioner Creasy and Wink Dunn, former Treasurer. He had pu t stakes out, but had been asked not to proceed. Commissioner Dove said he had seen the stakes last evening. H e said approximately a year ago, a discussion had been held regarding starting a memorial garden on the south end of the building. Ms. Keller said donations had been received two years ago fo r these trees. Ms. Pye had collected the funds. A decision tha t flowering cherry trees would be appropriate had been made. She felt, after two years had passed since the donations had bee n received, it was time to plant the trees. Ms. Wiesinger said the east wind would kill the flowering cherr y trees, and did not recommend they be planted on the south end o f the building. Commissioner Mulford said a decision was needed to get thi s project moving. Commissioner Dove said no request for the planting of the trees had been received by the Commissioners. Chairperson Burdick said the building had to be maintained th e same as it had been originally. He said old photos did not show trees in the front of the Courthouse. Mr. Levesque felt some group should design the planting so i t would be done tastefully.

6 Page 6 Ms. Wiesinger said the flowering cherry trees were not larg e trees, and felt they would look beautiful in front of the Courthouse. Commissioner Mulford said a decision was needed as to whether th e trees could be planted or not. She did not feel an individua l should be paid to design landscaping of the Courthouse grounds. Commissioner Dove said decisions of this sort were the responsibility of the Board. He told the employees to come to the Boar d before making any further decisions like this. Commissioner Dove moved to allow the trees to be planted in fron t of the Courthouse, Commissioner Mulford seconded, passed wit h three aye votes. UNSCHEDULED : DISCUSSION CONCERNING POTENTIAL JURORS SEATING I N THE SOUTH LOBBY OF THE COURTHOUSE : Judge Roll had requested tha t a large group of potential jurors wait in the hall outside th e Circuit Court room until 2 :00 p.m. recently, not realizing th e seating capacity was not large enough to accommodate the group. He had received a letter placing blame where it belonged, an d also thanking the Commissioners for providing chairs. He had ( told the lady he would personally thank the Commissioners fo r providing the chairs. He asked if seating could be provided fo r potential jurors because there would be other large groups wh o would be a happier if seating was available. Chairperson Burdick asked how many chairs Judge Roll was suggesting. Judge Roll said the group would consist of 20 to 30 potential jurors. Commissioner Dove asked Judge Roll to have hi s staff contact the Custodial Department when such a large group was expected, and the chairs would be set up for them. Judge Roll said he would see what he could do, and thanked th e Commissioners for their time. SITTING AS THE BOARD O F THE SOLID WASTE SERVICE DISTRIC T ITEM NO. 13 : MISCELLANEOUS SERVICE DISTRICT MATTERS : Commissioner Dove discussed mandatory garbage services in other areas of the State. He said this County had not considered mandator y garbage service. SITTING AS THE BOARD O F THE HEBO SERVICE DISTRIC T ITEM NO. 14 : MISCELLANEOUS SERVICE DISTRICT MATTERS : Mr. Levesque said a request had been made by Tony Owen and Jo e Gardner for the assistance of the jail crew to work in the Hebo

7 Page 7 Service District water tank area. He requested permission to us e the jail crew again. There was a consensus to authorize Mr. Levesque to enlist th e help of the jail crew for this work. SITTING AS TH E BOARD OF COMMISSIONER S UNSCHEDULED : DISCUSSION CONCERNING RESOLUTION SUPPORTING THE OREGON TRANSPORTATION PLAN : Chairperson Burdick discussed th e Resolution. Federal funds would be given to the State whic h would in turn free State funds for County use. This resolution would be in support of the Oregon statewide transportation legislative package. Commissioner Mulford moved to sign the Resolution, Commissione r Dove seconded, passed with three aye votes. The Commissioners signed Resolution #R UNSCHEDULED : CONSIDERATION OF GRANT FROM DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT : Mr. Affolter said this was a n annual grant his department received in the amount of $5,000. Commissioner Dove moved to authorize the Chairperson to sign th e grant, Commissioner Mulford seconded, passed with three aye. votes. The Chairperson signed the grant. Chairperson Burdick recessed the meeting at 10 :30 a.m. and reconvened at 1 :30 p.m. ITEM NO. 15 : PUBLIC HEARING : CONSIDERATION OF APPEAL O F TILLAMOOK COUNTY PLANNING COMMISSION DECISION OF APPROVAL O F PRELIMINARY SUBDIVISION PLATS "PINE BEACH REPLAT UNITS I & II" : Ms. Willard had received a request for a continuance of thi s appeal until April 7th. After receiving the letter, Ms. Willar d had discussed the matter with County Counsel who had advised tha t the continuance be granted. She said this Board needed to discuss the matter, and decide whether or not they would grant th e continuance. She turned the matter of the continuance over t o the Board for discussion. Chairperson Burdick asked what the pleasure of the Board was. Commissioner Dove said on the advice of County Counsel to gran t the continuance, he so moved to continue the appeal to April 7 a t 1 :30 p.m. Commissioner Mulford asked if the applicant or applicant' s attorney was unable to attend this meeting. Ms. Willard said yes.

8 Page 8 Commissioner Mulford seconded the motion. Chairperson Burdick asked if the motion could be amended to stat e that a participant in the hearing may request that the recor d remain open for at least 7 days after the close of this hearing. This means that written testimony can be submitted during thi s time. The motion and second were amended to state only written testimony would be accepted until April 7 ; 1993 at 1 :30 p.m. at the Public Hearing. Motion passed with three aye votes. Chairperson Burdick said written testimony would be taken now an d through the April 7th, 1993 public hearing at 1 :30 p.m. Thi s appeal was continued until April 7th, 1993 at 1 :30 p.m. UNSCHEDULED : DISCUSSION CONCERNING POSTING FOR THE FULL TIME MARINE DEPUTY POSITION : Ms. Cherry requested filling a new position, a full time Marine Deputy. She had received thi s request and had reviewed the budget to ensure that the funding was available. Commissioner Mulford said she would not participate in thi s matter because of a conflict of interest. A discussion followed regarding the full time Marine Deput y position. Commissioner Dove asked if there was a contract for two full tim e Marine Deputies. Ms. Cherry said yes, and there was adequat e funding to cover benefits and salary for this Marine Deputy. Commissioner Dove moved to authorize Ms. Cherry to advertise fo r the new full time Marine Deputy, Chairperson Burdick seconded, passed with two aye votes. Commissioner Mulford abstained from voting. Chairperson Burdick adjourned the meeting at 1 :50 p.m. RESPECTFULLY submitted this day of March, County Clerk : Josephine Veltr i y eota Leake Recording Secretar y & Special Deput y APPROVED BY :

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