MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS/ MEETIN G Wednesday, December 28, Page 1

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1 MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS/ MEETIN G Page 1 ENDORSED Filed COMMISSISONERS PRESENT : Gina Mulford, Chairperson OSEPHINE VE7TPJ f Jerry A. Dove, Vice Chairperso County Cleve Kenneth M. Burdick, Commissioner, - STAFF PRESENT : John R. Putman, County Counse l Leota Leake, Recording Secretary STAFF PRESENT FOR PORTIONS OF MEETING : Darlene Cherry, Personne l Director ; Jon Oshel, Public Works Director ; Pat Oakes, Engineer ; Leonard Williamson, Deputy District Attorne y GUESTS : Clayton D. Banry, Secretary/Treasurer Teamsters Local 223 ; Mike Snyder ; Darrel Wenner ; Vivian Fisher ; William Eddings ; Bil l Edding s CALL TO ORDER : By Chairperson Mulford at 9 :00 a.m. in the Justic e Court room. 0 ITEM NO. 1 : CONSIDERATION OF ORDER APPOINTING MEMBERS TO TH E TILLAMOOK COUNTY COURTHOUSE : Commissioner Dove moved to sign th e order appointing Dawna Roesner, Joanne Hogland, Pat Sump, Terr y Scott, Kolleen Adams, Karen Anderson and Joe Frederico as member s to the Tillamook County Courthouse/Health Department/Library/Safet y Committee, Commissioner Burdick seconded, passed with three ay e votes. The Commissioners signed Order # ITEM NO. 2 : CONSIDERATION OF ORDER APPOINTING MEMBERS TO TH E TILLAMOOK COUNTY PUBLIC WORKS/PARKS SAFETY COMMITTEE : Commissioner Burdick moved to sign the order appointing Mike Richards, Gar y Thompson and Jim Olsen as members to the Tillamook County Publi c Works/Parks Safety Committee, Commissioner Dove seconded, passed with three aye votes. The Commissioners signed Order # ITEM NO. 3 : PUBLIC HEARING : CONSIDERATION OF LIQUOR LICENS E APPLICATION FOR BEAVER TEXACO AND KWIK MART : Commissioner Dov e moved to sign the liquor license application for Beaver Texaco an d Kwik Mart, Commissioner Burdick seconded. Commissioner Burdick asked how many more times liquor license s would be issued to businesses selling gasoline. He did not agree with the combination of products for sale. He said large advertisements were displayed at these business for alcoho l products. Chairperson Mulford said she agreed with the concept, but it wa s allowed by the State. Motion passed with three aye votes. The Chairperson signed the liquor license application.

2 ,MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS/ MEETING ' Page 2 SITTING AS THE BOARD O F THE HEBO SERVICE DISTRIC T ITEM NO. 5 MISCELLANEOUS SERVICE DISTRICT MATTERS : discussion. There was n o SITTING AS TH E BOARD OF COMMISSIONERS UNSCHEDULED : CONSIDERATION OF APPROVAL OF COMMISSION PROCEEDING S FOR NOVEMBER, 1994 : Commissioner Burdick moved to approve th e Commission Proceedings for November, 1994, Commissioner Dov e seconded, passed with three aye votes. The Commissioners signed the Commission Proceedings. Chairperson Mulford recessed the meeting at 9 :05 a.m. and reconvened at 10 :01 a.m. SITTING AS THE BOARD O F THE SOLID WASTE SERVICE DISTRIC T ITEM NO. 4 : MISCELLANEOUS SERVICE DISTRICT MATTERS : Mr. Oshel said the Solid Waste Advisory Committee was doing long rang e planning. A letter had been received from the Port of Tillamoo k Bay asking for a letter of support for a grant they were applying for. The Army Corps of Engineers were planning to develop a soli d waste system. Mr. Oshel said he was trying to develop these idea s into one project which would involve many Tillamook Count y citizens. SITTING AS TH E BOARD OF COMMISSIONER S ITEM NO. 6 : MISCELLANEOUS PUBLIC WORKS : Mr. Oshel said he ha d received a report from Mr. Bill Myers on the property at the intersection of McPhillips Road and Sand Lake Road near Thousan d Trails. Mr. Oshel said he wanted this to be done correctly so i t would not be a problem in the future. ITEM NO. 7 : PUBLIC HEARING : CONSIDERATION OF ROAD APPROACH PERMI T APPEAL BY VIVIAN FISHER : Chairperson Mulford opened the publi c hearing to comments from Staff : Mr. Oshel said this road approach had not created a crisis. Ther e was a problem involving the water draining across the County road. He said an application had been issued to Ms. Fisher designating a design to be used in constructing the road approach. This desig n had not been followed and the water drained onto the roadway. He said the recommended design could have been used for the same cos t as the one constructed, but if it were reconstructed now, it woul d cost between $1,000 and $2,000. Chairperson Mulford said this County road was not a very good road. Chairperson Mulford opened the public hearing to comments from th e public.

3 MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS, Page 3 MEETING Ms. Fisher felt the water'in the ditch was the result of th e neighbor at the end of the road using her sump pump to keep wate r cleared out under her house. Ms. Fisher said that water draine d into the ditches. She said the exceptionally heavy rainfall ha d added to the heavy drainage in the area. She said the road was s o narrow that no parking was allowed on this street. Mr. Oshel said the road approach could be reconstructed to mak e better drainage. Ms. Fisher said this had been constructed two years ago. Chairperson Mulford asked if there was a compromise possible fo r this situation or if standard practices should be used. Mr. Oshel said if this had been an existing condition for a numbe r of years he would not recommend spending money to fix it. A permi t had been issued and something other than the recommended construc - tion had been built. Chairperson Mulford asked why it had not been constructed the wa y it was designed. Ms. Fisher said she had hired the work done by a construction company and did not know why they had not followed the design. Commissioner Burdick felt the only solution to this situation wa s to construct the road approach before the house was built. The ordinance could be amended to require that the access mee t specifications before permitting a residence to be built. Mr. Oshel said that procedure had been used before and Mr. Urrey had taken the brunt of refusing to sign off on the road approach t o allow a residence to be built. He said that procedure could b e used again, but it made unpleasant relationships with the public. Mr. Dove said he had visited the area last Sunday and there wa s more water in his driveway at home than there was in that area. Mr. Oshel said this situation was not even remotely high on hi s list of priorities. Ms. Fisher requested leaving the road approach as it now existed. Chairperson Mulford closed the public hearing to public comment. Chairperson Mulford asked if the Board of Commissioners wanted t o make a decision on Ms. Fisher's road approach appeal at this tim e or hear Mr. Wenner's appeal before making a decision. There was a consensus to hear Darrel Wenner's road approach appea l before making a decision on Ms. Fisher's. ITEM NO. 8 : PUBLIC HEARING : CONSIDERATION OF ROAD APPROACH PERMI T APPEAL BY DARREL WENNER : Chairperson Mulford opened the public hearing to comments from Staff : Mr. Oshel said most of the issues in this appeal were the same as

4 MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN G Page 4 those applicable to Ms. Fisher's appeal. He felt the road approac h could have been constructed so as to avoid the drainage runnin g down to the roadway, but reconstruction of the road approach a t this time would cost between $1,000 and $2,000. Chairperson Mulford closed the hearing to comments from the Staf f and opened the hearing to comments from the public. Chairperson Mulford asked Mr. Wenner if he had contracted with a construction company for construction of the road approach. Mr. Wenner said yes. He had given all the permits to the constructio n company, but he had not specifically discussed the road approac h with them. Mr. Wenner said his problems were the same as Ms. Fisher's. Chairperson Mulford closed the public hearing to comments from th e public. Chairperson Mulford opened the hearing to questions from the Board. Commissioner Burdick felt an ordinance was needed requirin g installation by contractors be done to County road standards. Commissioner Dove felt Ms. Fisher should construct her gutters and downspouts to avoid drainage across the road. Ms. Fisher said she would keep her downspouts draining to th e ditch. Chairperson Mulford said she would like to work out a compromise i n this issue. She felt this was not a major problem and she coul d not see requiring the appellants to pay reconstruction costs on th e road approach. Mr. Oshel said he was not uncomfortable with getting overruled o n this issue. ITEM NO. 7 : (CONT'D) : Commissioner Burdick moved to grant th e road approach appeal for Vivian Fisher and overrule the Publi c Works Department decision with the requirement that Ms. Fisher mak e sure her downspout drained to the ditch, Commissioner Dov e seconded, passed with three aye votes. ITEM NO. 8 : (CONT'D) : Commissioner Dove moved to grant the roa d approach appeal for Darrel Wenner and overrule the Public Work s Department decision, Commissioner Burdick seconded, passed wit h three aye votes. UNSCHEDULED : CONSIDERATION OF CORRECTION OF ORDER SIGNED EARLIER : Chairperson Mulford said Orders # and # require d language changes. She asked County Counsel if the same orde r numbers could be applied to the corrected orders. Counsel Putman said yes. Commissioner Dove moved to rescind order # and reassign tha t number to the corrected order #94-173, Commissioner Burdick

5 MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN G Page 5 seconded, passed with three aye votes. The Commissioners signed Order # Commissioner Dove moved to rescind Order # and reapply th e same number, , to the corrected order, Commissioner Burdic k seconded, passed with three aye votes. The Commissioners signed Order # UNSCHEDULED : DISCUSSION CONCERNING LABOR NEGOTIATIONS WITH TH E DISTRICT DEPUTY ATTORNEYS : Ms. Cherry said negotiations wer e continuing, but the contract would be ready for signature a t approximately 1 :30 p.m. She asked that this Board meeting b e recessed and reconvened at 1 :30 p.m. to accommodate signing th e Teamsters Local #223 Collective Bargaining Agreement. Commissioner Mulford said the Board could reconvene. She would no t be in attendance because of a prior commitment. Commissioner Dove asked why these negotiations had been handled th e way they were. Ms. Cherry said the short time frame had cause d this procedure to be used. Chairperson Mulford expressed her dislike of the procedure used. Ms. Cherry asked if the Board wished to recess this meeting an d reconvene to sign the Teamsters agreement. Commissioner Mulford said she had told Mr. Snyder that the agreement was needed by Wednesday morning, December 28, 1994, or i t would not be taken care of. Counsel Putman suggested recessing the meeting and reconvenin g another day to allow Chairperson Mulford to sign the agreement. Commissioner Dove said the deadline had been set. This meetin g would be recessed until 1 :30 p.m. and if the negotiating team di d not present the agreement for signature, it would not be taken car e of. Counsel Putman said he had not received a draft of the agreement for review ; if the document was to b e signed at 1 :30 p.m., he needed time for review. Ms. Cherry presented Counsel Putman a rough draft of the agreemen t for his review. Chairperson Mulford recessed the meeting at 10 :15 and Vic e Chairperson Dove reconvened at 1 :35 p.m. Commissioner Mulford di d not return to the meeting. UNSCHEDULED : CONSIDERATION OF AGREEMENT #MP 9409 FOR MAJO R PARTITION OF TERRANCE EDDINGS : Counsel Putman said he had expecte d to have the documents (Tillamook County development agreement an d Assignment of Funds) signed today, but Ms. Eddings was not in th e meeting. He said the Commissioners could sign the agreement an d require Ms. Eddings signature on December 29, 1994.

6 MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN G Page 6 Commissioner Dove asked that Mr. Eddings explain to the Board wh y these documents had to be signed today. Mr. Eddings said these documents had to be signed before January 1, Commissioner Dove asked if Mr. Eddings had proof of Assignment o f Deposit Account in the amount of $ Mr. Eddings said ye s and presented a copy of the document plus a copy of the Tim e Deposit. Commissioner Burdick moved to sign the Tillamook County Development Agreement for Major Partition No. MP between Terrance L. Eddings, Developer and Tillamook County, Commissioner Dov e seconded. Counsel Putman said the condition of signing was that any approva l be conditional on execution of the documents by Terrance L. Edding s on December 29, The motion passed with two aye votes. The Commissioners signed the Development Agreement for Majo r Partition No. MP Mr. Eddings requested a letter from the Public Works Department stating that this development agreement had been signed. Counsel Putman said he would contact Mr. Oshel, Director of Publi c Works Department, to obtain this letter for Mr. Eddings. Vice Chairperson Dove recessed the meeting at 1 :45 p.m. and reconvened at 2 :07 p.m. Vice Chairperson Dove recessed the meeting to Executive Session, pursuant to ORS (1)(d) and reconvened at 2 :22 p.m. UNSCHEDULED : CONSIDERATION OF TEAMSTERS LOCAL 223 (DEPUTY DISTRIC T ATTORNEYS) COLLECTIVE BARGAINING AGREEMENT : Commissioner Dove sai d this meeting had been reconvened to consider this agreement. Commissioner Burdick moved to approve and sign the Collectiv e Bargaining Agreement between Tillamook County and Teamsters Loca l 223 (Deputy District Attorneys), beginning December 31, 1994 an d ending December 31, 1999, Commissioner Dove seconded, passed wit h two aye vote s The Commissioners signed the Collective Bargaining Agreement. Vice Chairperson Dove recessed the meeting at 2 :27 p.m and reconvened at 2 :29 p.m. Mr. Williamson said he had been to District Attorney Nordlander' s office to request that she come to the meeting and sign th e agreement, but she had refused. Mr. Snyder requested that Ms. Leake enter 'refused' on the line fo r Ms. Nordlander's signature and initial it.

7 MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN G,'' Page 7 Ms. Leake wrote 'refused' on Ms. Nordlander's signature line. Vice Chairperson Dove adjourned the meeting at 2 :30 p.m. RESPECTFULLY submitted this 29 day of December, County Clerk : Josephine Veltr i y L ota Leake, R cording Secretar y & Special Deputy APPROVED BY :

8 TILLAMOOK COUNTY BOARD OF COMMISSIONER S MEETIN G.GUEST LIS T DATE : December 28, 1994 BOARD OF COMMISSIONERS' MEETIN G NAME C ) ITEM OF INTERES T *l r ('-,(/;/i/x7.2 /` o4 Gii 15oc.