COUNTY COURT JOURNAl MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETING Wednesday, July 27, 2005 Page 1

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1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o K l:~:,~g 700 COUNTY COURT JOURNAl Page 1 COMMISSIONERS PRESENT: COMMISSIONER ABSENT STAFF PRESENT: ITEM NO.2: PUBLIC COMMENTS - NON-AGENDA ITEMS: None. The Board signed the Minutes. William K. Sargent, County Counsel Paul Levesque, Management Analyst There was a discussion about how Health Council members are trained. Commissioner Labhart stated that he was glad to see Dr. Parsons on the council. F'\,i;Q Charles J. Hurliman, Chairperson ~ Mark Labhart, Commissioner OCT 1 3 2005 Tim Josi, Vice Chairperson, on vacation TASSr"d~L STAFF PRESENT FOR PORTIONS OF MEETING: Aaron Suko, Director of Public Works; Pat Oakes, Public Works; Jeffrey Davis, Interim Health Department Director; Del Schleichert, County Parks Director. GUESTS: Gus Meyer, John Gettman. CALL TO ORDER: By Chair Hurliman at 9:07 a.m. in the Commissioners' Meeting Room. ITEM NO.1: WELCOME & REQUEST TO SIGN GUEST LIST: The Chair welcomed everyone to the meeting. ITEM NO.3: BOARD OF COUYNTY COMMISSIONERS' MEETING MINUTES FOR MARCH 23, 30, April 4, 11 & 18, 2005: Commissioner Labhart moved to approve the Commissioners' meeting minutes for March 23, 30, April 4, 11 & 18, 2005. The motion was seconded by Chair Hurliman and carried with two aye votes. ITEM NO. 4: CONSIDERATION OF ORDER APPOINTING REX PARSONS AND JACQUELINE VANDERENDE TO THE TILLAMOOK COUNTY COMMUNITY HEALTH COUNCIL: Jeffrey Davis outlined the solicitation process used by the Health Council to seek new members. He described the two nominee qualifications, and added that there were four applicants. Mr. Davis said that 51 % of the membership must be consumers of services at the clinic. Commissioner Labhart moved to approve and sign the order appointing Rex Parsons and Jacqualine Vanderende to the Tillamook County Community Health Council. The motion was seconded by Chair Hurliman and carried with two aye votes. The Board signed Order #05-89. COUNTY CLERK

Page 2 1 ITEM NO. 5: CONSIDERATION OF PERSONAL SERVICES AGREEMENT WITH 2 SARA PORTER FOR FAMILY NURSE PRACTITIONER SERVICES: Mr. Davis 3 announced that Sara Porter will also work in the Cloverdale office. He outlined the benefits to 4 the County and Contractor under this contract. He noted that she will be working 4 days a week. 5 6 Mr. Davis then described staffing at Cloverdale. 7 8 Commissioner Labhart moved to approve and sign the Personal Services Agreement with Sara 9 Porter. 11 The motion was seconded by Chair Hurliman and carried with two aye votes. 12 13 Chair Hurliman and Commissioner Labhart declared they appreciate Mr. Davis' work. 14 15 The Board signed the Personal Services Agreement. 16 17 ITEM NO. 6: CONSIDERATION OF STATE MARINE BOARD FACILITY GRANT 18 COOPERATIVE AGREEMENT FOR NETARTS LANDING BOATING 19 IMPROVEMENTS: Del Schleichert told the Board that the amount for the replacement of the 20 Netarts restroom facility is $151,065. 21 22 Chair Hurliman thanked Mr. Schleichert for all his work on grants and park improvements. 23 24 Commissioner Labhart said its too bad there is not a letter to the editor on the Netarts boat 25 launch, which he appreciated. 26 27 Commissioner Labhart moved to approve and authorize Chair to sign the State Marine Board 28 Facility Grant for Netarts Landing Boating improvements. 29 30 The motion was seconded by Chair Hurliman and carried with two aye votes. 31 32 Chair Hurliman signed the Agreement. 33 34 ITEM NO.7: CONSIDERATION OF ORDER M-05-01 IN THE MATTER OF 35 MEASURE 37 CLAIM OF CHARLES AND MARY ANDERSON, WAIVING CERTAIN 36 PROVISIONS OF THE TILLALMOOK COUNTY LAND USE ORDINANCE: Bill 37 Campbell reminded the Board that they had heard this matter on July 13 and approved the 38 waiver. This order carries out the decision. 39 40 Commissioner Labhart moved to approve and sign the order waiving certain provisions of the 41 Land Use Ordinance for Charles and Mary Anderson. 42 43 The motion was seconded by Chair Hurliman and carried with two aye votes. 44 45 The Board signed Order #M-05-01. 46

Page 3 I Commissioner Labhart read into the record the cautions in the order about also seeking redress 2 from the state. 3 4 Bill Campbell said Anderson's have filed such a claim and it is being look upon favorably by the 5 state. 6 7 ITEM NO.8: CONSIDERATITON OF LEASE OF COMMUNICATIONS RADIO SITE 8 FROM GREEN DIAMOND RESOURCE COMPANY: Mr. Levesque said this matter has 9 been before the Board previously. II Commissioner Labhart moved to approve and sign the lease of Communications Radio site from 12 Green Diamond Resource Company. 13 14 The motion was seconded by Chair Hurliman and carried with two aye votes. 15 16 The Board signed the Lease. 17 18 ITEM NO.9: CONSIDERATION OF AN AMENDMENT TO INTERGOVERNMENTAL 19 AGREEMENT AMONG WASHINGTON AND TILLAMOOK COUNTIES AND THE 20 OREGON DEPARTMENT OF FORESTRY REGARDING THE METHOD OF 21 COMPENSATION TO WASHINGTON COUNTY FOR LOSS OF TIMBER REVENUE 22 RESULTING FROM AN EXCHANGE OF PROPERTIES INVOLVING OREGON 23 PARKS AND RECREATION DEPARTMENT AND LONGVIEW FIBRE COMPANY: 24 Mr. Levesque advised the Board that this matter has been in process for about three years. He 25 gave a history of the matter which stemmed from Washington County's desire to have a state 26 park. 27 28 Mr. Levesque went on to say that in order to accomplish this, a complex land exchange was 29 undertaken, including provision on certain lands where Longview Fibre was to convey the land 30 to ODF and timber to Washington County. He went on to say that Longview Fibre recently 3\ learned of certain unintended tax consequences which lead to this amendment. Under this 32 amendment, Longview will convey both land and timber to ODF, then ODF will convey timber 33 to Washington County. 34 35 Mr. Levesque stated that all other provisions ofthe agreement remained the same. 36 37 Commissioner Labhart moved to approve and sign the amendment to the Intergovernmental 38 Agreement among Washington and Tillamook Counties, and the Department of Forestry 39 regarding compensation to Washington County for loss oftimber revenue. 40 41 The motion was seconded by Chair Hurliman and carried with two aye votes. 42 43 The Board signed the Amendment. 44 45 ITEM NO. : CONSIDERATION OF AN ACCEPTANCE ORDER FOR A 46 DEDICATION OF A TEMPORARY ROADWAY EASEMENT FROM STIMSON

Page 4 1 TIMBER COMPANY IN THE VICINITY OF BEWLEY CREEK ROAD RELATED TO 2 THE BEWLEY CREEK BRIDGE REPLACEMENT PROJECT: 3 AND 4 ITEM NO. 11: CONSIDERATION OF AN ACCEPTANCE ORDER FOR A 5 DEDICATION OF A TEMPORARY ROADWAY EASEMENT FROM FALLON 6 LOGGING, INC. IN THE VICINITY OF BEWLEY CREEK ROAD RELATED TO THE 7 BEWLEY CREEK BRIDGE REPLACEMENT PROJECT: Aaron Suko described the carry 8 over of this item and item #11 from last week's agenda. He said agenda item # has not been 9 finalized and it is only a matter to complete the reviews by the corporate structure. He recommended the Board accept # 11 and award the contract. 11 12 Mr. Suko said that when # is ready, he will bring it back to the Board. Bill Sargent said it is 13 fine to do it this way. 14 15 Mr. Suko said it will probably result in a change order anyway. He noted that the contractor will 16 begin work on the Killam Bridge. 17 18 Regarding item #11, there is also an agreement that needs to be signed as to matters of dust 19 control, fencing, etc. He proposed that he be authorized to sign the agreement. 20 21 Commissioner Labhart moved to approve and sign order for temporary roadway easement from 22 Fallon Logging in the vicinity of Bewley Creek Bridge related to the Bewley Creek Bridge 23 replacement project. 24 25 The motion was seconded by Chair Hurliman and carried with two aye votes. 26 27 The Board signed Order #05-86. 28 29 Commissioner Labhart moved to approve the agreement with Fallon Logging and authorize Mr. 30 Suko to sign the agreement. 31 32 The motion was seconded by Chair Hurliman and carried with two aye votes. 33 34 Commissioner Labhart moved to approve the contract and move ahead with the Bewley Creek 35 Bridge contract. 36 37 The motion was seconded by Chair Hurliman. 38 39 Commissioner Labhart read the Stimson Lumber Company letter indicating approval IS 40 forthcoming. 41 42 The motion carried with two aye votes. 43 44 ITEM NO. 12: PUBLIC HEARING RELATED TO PROPOSED PUBLIC ROAD 45 IMPROVEMENTS IN TWIN ROCKS (PORTIONS OF MARIGOLD STREET, FIR 46 AVENUE, HOLLYHOCK STREET, LAKEVIEW AVENUE). Pat Oakes said the hearing

Page 5 I is pursuant to Ordinance #55 and this is the first public hearing under this Ordinance. He added 2 that this is not a land use hearing. He described how road improvements are done in 3 subdivisions or partitions and off-site improvements for road approaches. The third area 4 involves developments within existing older subdivisions. Mr. Oaks noted that the developer has 5 worked with Public Works for over a year. He showed the proposed improvements on maps. 6 7 Mr. Oakes then described the public notice process and submitted an affidavit of notice. There 8 was no prior public comment except for one inquiry by a Rockaway Beach City Councilor, 9 which was answered by staff. Mr. Oakes said he had worked with city staffas well. II Mr. Oakes also discussed how a second access entrance will be required in the next phase of 12 development. He noted that the Water District submitted a letter about conditions in the utility 13 permit (See attached). The proposed road widths meet or exceed fire standards, including one of 14 the roads leading to the development, and a short area on Hollyhock. 15 16 Mr. Oakes then addressed the need to correct existing culvert and wire encroachments into 17 private property. He also summarized city conditions regarding waterline improvements and 18 standard conditions. 19 20 The purpose ofthe hearing is to take public input on the application and conditions. 21 22 Chair Hurliman opened the hearing to public comment. 23 24 There was no public testimony. Chair Hurliman closed the hearing to public comment. 25 26 Chair Hurliman said he appreciated Mr. Oakes' presentation. 27 28 Commissioner Labhart moved to approve the conditions and the plan as amended by staff. 29 30 The motion was seconded by Chair Hurliman and it carried with two aye votes. 31 32 ITEM NO. 13: BOARD CONCERNS - NON-AGENDA ITEMS & ANNOUNCEMENTS: 33 Commissioner Labhart said he had received an update this morning from Senator Johnson on the 34 budget, including bond authority for TBCC, and the Interpretive Center positions and budget. 35 She was unsure about SBI095. 36 37 ITEM NO. 14: PUBLIC COMMENT: None. 38 39 40 There being no further business, Chair Hurliman adjourned the meeting at :04 a.m. 41 42 43 44 45 46

Page 6 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 RESPECTFULLY submitted this L.i:Js1ay of ~--IL.--,2005. County Clerk: Tassi O'Neil k W' e_ cr ~;;P Susan Becraft, Recordmg Secetary & Special Deputy

NOTICE OF MEETING AND AGENDA of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS, Also sitting as the Board ofthe SOLID WASTE SERVICE DISTRICT & THE 4-HAND EXTENSION SERVICE DISTRICT To Be Held Wednesday, July 27,2005, at 9:00 a.m. County Courthouse, 201 Laurel Avenue Tillamook, OR BOARD OF COMMISSIONERS Charles Hurliman, Chair 201 Laurel Avenue, Tillamook, OR 97141 Phone: 503-842-3403 FAX 503-842-1384 E-mail: churlima@co.tillamook.or.us Tim Josi, Vice Chair 201 Laurel Avenue, Tillamook, OR 97141 Phone: 503-842-3403 FAX 503-842-1384 E-mail: tjosi(q)co.tillamook.or.us Mark Labhart, Commissioner 201 Laurel Avenue, Tillamook, OR 97141 Phone: 503-842-3403 FAX 503-842-1384 E-mail: mlabhart(q)co.tillamook.or.us INDIVIDUALS WITH DISABILITIES MAY CALL THE BOARD SECRETARY AT 503-842-3403 FOR INFORMATION ON AVAILABLE SERVICES & ACCESS. ANY QUESTIONS? Contact Paul Levesque @ 503-842-1809 or email: plevesqu@co.tillamook.or.us VISIT THE COUNTY WEB SITE: http://www.co.tillamook.or.us WATCH THIS MEETING ON TV: Charter Cable Channel 18 Friday - 2:00 p.m. & 9:00 p.m. Saturday & Sunday - 11 :00 a.m. & 7:00 p.m. Monday-Wednesday - 2:00 p.m. Thursday - 11 :00 a.m. & 9:00 p.m. NOTE: The Board of Commissioners reserves the right to recess to Executive Session as may be required at any time during this meeting, pursuant to ORS 192.660(1). NOTE: The Tillamook County Courthouse is accessible to persons with disabilities. Ifspecial accommodations are needed for persons with hearing, visual or manual impairments who wish to participate in the meeting, please contact 842-3403 at least 24 hours prior to the meeting so that the appropriate communications assistance can be arranged.

CALL TO ORDER: BOARD OF COMMISSIONERS 1. 9:00 a.m. Welcome & Request to Sign Guest List 2. Public Comment - Non-Agenda Items CONSENT CALENDAR 3. Board of County Commissioners' Meeting Minutes for March 23,30, April 4, 11 & 18,2005 LEGISLATIVE - ADMINISTRATIVE 4. Consideration of Order Appointing Rex Parsons and Jacqueline VanderEnde to the Tillamook County Community Health Council/Jeff Davis 5. 6. 7. 8. 9.. 11. Consideration ofpersonal Services Agreement with Sara Porter for Family Nurse Practitioner Services/JeffDavis Consideration ofstate Marine Board Facility Grant Cooperative Agreement for Netarts Landing Boating Improvements/Del Schleichert Consideration oforder M-05-01 in the Matter ofmeasure 37 Claim of Charles and Mary Anderson, Waiving Certain Provisions ofthe Tillamook County Land Use Ordinance/Bill Campbell Consideration oflease of Communications Radio Site from Green Diamond Resource Company/Michael Soots Consideration ofamendment to Intergovernmental Agreement Among Washington and Tillamook Counties and the Oregon Department offorestry Regarding the Method of Compensation to Washington County for Loss oftimber Revenue Resulting from an Exchange ofproperties Involving Oregon Parks Recreation Department and Longview Fiber Company/Paul Levesque Consideration ofan Acceptance Order for a Dedication ofa Temporary Roadway Easement from Stimson Timber Company in the Vicinity ofbewley Creek Road Related to the Bewley Creek Bridge Replacement Project/Aaron Suko Consideration ofan Acceptance Order for a Dedication ofa Temporary Roadway Easement from Fallon Logging Inc. I the Vicinity ofbewley Creek Road Related to the Bewley Creek Bridge Replacement Project/Aaron Suko 12. 9:30 a.m. Public Hearing Related to Proposed Public Road Improvements in Twin Rocks (portions of Marigold Street, Fir Avenue, Hollyhock Street, Lakeview Avenue)/Aaron Suko 13. 14. Board Concerns - Non-Agenda Items & Announcements. Public Comments ADJOURNMENT The Commissioners will not hold a meeting on Wednesday, August in order to participate in activities and events at the Tillamook County Fair. The Commissioners will meet with the Tillamook County Parks and Recreation Advisory Committee at their regular committee meeting on Wednesday, August 3, 2005. The meeting will begin at 3:00 p.m. in the Commissioners' Meeting Room B in the Tillamook County Courthouse, 201 Laurel Avenue.

BOARD OF COMMISSIONERS' MEETING PLEASE PRINT Name Address Item ofinterest (Please use reverse ifnecessary)