TILLAMOOK COUNTY BOkRD0FC0MMIS-SI0NE-RS -MEETINGMINUTES:---·wednesday, October 27, 1982

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COMMISSIONERS PRESENT: F.E. Knig6t, ChairmanCarol Williams, Vice-ChairwomanGerald A. Woodward, Commissioner

'~oi:.:.....

STAFF PRE$ENT: Lynn Rosik, County CounselNina Gallino, Executive/Recording Secreta~y

CALLED TO ORDER BY Chairman F~E. Knight at 9:53 a.m.

CONSIDERATIbN ·OF MINUTES: The .minutes we~e postponed becau~e not alldrafts had been returned.

COUNTY COUNSEL'S REVIEW· OF ORDER IN MATTER OF SETTING FEES FOR CERTAINSERVICES, PERMITS AND LICENSES FOR SUB~URFACE SEWAGE DISPOSAL FACILITIESAPPROVED OCTOBER 20, 1982: Doug Marshall, County Sanitarian, was present.

County Counsel stated she had reviewed the Order and had discussed thematter with the Sanitarian. She recom~end~d.the Board sign the Order.

A motion was made by Commissioner Williams to sign an Order in the Mat­ter of Setting Fees for Certain Services, Permits and·Licenses for Su~­surface Sewage Disposal F~cilities. The motion was seconded by Commis­sioner Woodward and carried with Knigh~, Williams. and Woodward votingaye. The Order was not corr.ect as .to form andwillqe re-typed and sub­mitted for signature.

EXECUTION OF ORDER IN THE MATTER OF THE APPOINTMENT OF DANIEL SAGER TO'THE"-TILLAMOOKCOUNTY LIBRARY BOARD; APPOINTED OCTOBER 20-,-198Z:-:AnOrder\vas signed in the Matter of the Appointmert-OfD~ielSager-to-theTilla­mook County Library Board. The term of th~ 8ppointmept to end July 1,1983.· A letter to Mr. Sa~er was also.signed. "

CONSIDERATION OF LETTERS FROM ROBERT FOGARTY AND BRENDA WOODROOF REQUEST­ING APPROVAL OF APPOINTMENT OF ATTORNEY· TO REPRESENT THEM IN LAWSUIT: Ms.Rosik stated that she had not seen theW'ters-,-.but harju;thanded-theBoard members a memorandum regarding re.imbursement of legal expensesfor defense of criminal charges. In t~e memorandum Ms. Rosik statedthere is no provision in O~S 30.285, w~ich was cited by Ms. Woodroofand Mr. Fogarty, to indemnify and defend its elected officials and employ~

ees against criminal charges. Sh~' did itate, however, that it ma~ be .proper to reimburse Mr. Fo~artv and Ms. Woodroof afier the case is settled... .

A motion was made by Commissioner Willi~ms to deni the requests of RobertFogarty and Brenda Woodroof at this time pending further information.Commissioner Woodward seconded the motion. Discussion was held. Theq'uesti"on was called for. The motion carried with Knight, Williams andWoodward voting aye.

After a bri~f discussion a motion was ~ade by CommissionerWood~ard topurchase white paper only for the copy machines. Co~missioner Williamsseconded the motion which carried with Knight, Williams and Woodwardvoting aye.

TILLAMOOK COUNTY BOARD OF COM}IIS SIONERS MEETING MINUTESWednesday, October 27, 1982

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MIKE MORGAN TO DISCUSS SOLAR ACCESS GRANT AND DISCUSS SELECTION OF SOLARCOMMITTEE: Mike-Mo;gan 01 CTIC andDIckPea'r;on,-I-;;:dustrialRe~;;uiter~-~-~~-

\",ere present. A list. of nominees was subIJ1itted a'long with a draft letter rto the appointees for the Board's consideration.

Discussion was held. Commissioner Woodward recommended that Steve Larkin)a b~ilder in South county be appointed. Chairman Knight recommended thatDick Larson ofPUD be appointed and Mike Morgan recommended that Vic Howellof "t-lorth Coast Bui Iders Association be appointed. Commissioner Williamsques.tib~ed whether Mr. Stacy would serve sinc~ he is retiring fr6m ~UD.

~r. Morsan assured her that Mr. Stacy had requested that he be appointed.

A motion w.as made by Commissioner Williams to' appoint.theTillamoo'k. CountySolar Committee as listed and to include the three additional nominees.The mbt i on was s e conde d by Commis s i one r Woodward and carri ed tvi th Rni gh t ,Williams and Voodward voting aye.

Letters notifying the appointees of their appointments will be prepared forthe Board's signature at the'November 3, 1982 meeting.

Mr. Mor~an will draft letters to the cities informing them of the project ando~fering the services of eTtc to help get Solar Ordinances into their codes.Said letters will be submitted to Ms. Rosik for her review.•.

Mr~ Morgan showed s' wall chart of a subdivision and stated that the citiesand the county shoUld try to get a subdivision solar setback ordinance inor-deer to try to position homes on lots so as not to cast a shadow on an ad~

j acent homes. He exp lainedthat the on ly solar access in s.ome areas is tothe roof tops. In areas where streets run' in an east/west direction therecould be a reduction 6f a setback to allow greater solar access.

Victor Affolter,.who was present for a portion of the discussion statedthat additional staff hours would be necessary and that grant funds couldbe used to pay overtime to Lynda Willard.

Chairman Knight inquired if ·a variance request would have to be consideredeach time a setback. reduction was required to obtain the best possiblesolar access. piscussion was held. Mr. Affolter stated it was in the County'sbest interest to have a staff person on board to make sure we don't have anyregulations thatar~ ove~ly cumbersome.

BEAVER SCHOOL DISTRICT BOARD MEMBERS' AND PRINCIPAL ~ILL STARR TO REQUESTCOUN'fY" SPONSORSHIP OF BUD GRANT FOR PUBLIC SWIMMINGPOOL:p;rson;-~sent;er~ Bi'lT~Stirr, and Debra Green, Bill-Cood;au-;ndMorris 'Worthington, allmembers of the Beaver School District Board.

Mr. Starr stated that the pool would be built on s~hool property and theyare asking for a $500,000.00 grant. He stated that the needs are primarilyeducational and secondly there would be a cost savings to all schools in theSouth county area .. He gave costs per student for use of the YMAC pool andtravel expenses. The pther area schools would participate financially anda fee would be charged for evening use of the school.

Mrs. Green felt it was nec~ssary to have a pool from an educational stand- (point since the region has an abundance of 'lakes and the o~ean and riversand water safety should be taught to the children.

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, T ILLAHOOK couNTy BoAlfIJbF COMMI SSTONERSMEETlI-rCMTNUTESWednesday, October 27, 1982

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Mr. Pearson explained that only one appli6ation can be submitted ~,t this,time for the federally alloc~ted Community Development Block Grant fundsand it must be' submitted by November 1, 1982. He advised that more fundingw{ll be available on the state level in February of 1983 and another alloca~

tion in November 1983. Mr. Pearson stated that the Boar~ had already givenapprov~l to the Pacific Cit~ Water Di~trict f6r their application.

Furtherdiscussio~was held regarding the' time needed to submit the a~plicaJ

tion to HUD.

A motion was made by Commissioner Williams that the school b~ard wor~ wiehMr. Pearson and be ready for a February hearing date on the application fora pool. The motion was seconded by Commissioner Woodward. ',Un,der dis­cussioni Commissioner Wootlward state~ that he did not want to see the schooboard be in competition with the Pacific City Water District for funds.After a brief discussion was held the question was called. The motion,_carried with Williams, ~oodward and Knight votingaye~

CONSIDERATION OF AN ORDER IN THE MATTER OF THE REVISION OF PERSONNELPOLIC IE S ANDP'ROCEDURE S FOR T TLLAMOOX-COUNTY-:--OREGON:--Br enda-,\Too dr00 f,p~r sounernirec t 0 :r-:-revi s ed-the-SIck-LeaveandMat 'e r nit y Leav e pol i c i e sdue toa law which was passed in 19'78 which requires employers to treat amaternity leave the s~me as a sick leavei Ms. Woodroof also stated thatshe had changed the title of "Sick Leave" to Medical Leave. Also" anaddition was made to Section C which covers the employees' responsibilit,yto the employe~ for a release from the doctor before returnin~ to workafter a medical leave. '

Ms. Woodroof explained the difference between the current Maternity LeaveP9licy and a "edical Leave. The policy should be the same regardless ofthe nature of' illness.

Commissioner Woodward stated 'that he would like to review the proposedpolicy beforemakini a motion t~ accept it.

Chairman Knight stated that the decision regarding the revision of theP,ersonnel Policies and Procedures will be postponed until Wednesday,Novem~er 3, 1~82.

CONSIDERATION',OF A 'RESOLUTION 'IN THEMATTKROFINCREASING T'HE CORRECTIONSFUND -: MKNTAL','HEALTH CONTRACT 'BY '$'4,,.l~(i8.'OO: Steve Simpson, Budget Officer,Stated-th;t"-the-state ha-;~:r-e-imb;:r;edthe county for any funds spent towardsthe state contract with the Mental Health and ~ommunity Corrections. Hefurther state~ that these funds were omitted from last jearrs budget andt~erefore) we~e omitted in this years' budget. '

After a brief" discussion regarding improvements for budget preparation, amotion was ma~e byCo~mis~ion~r Williams to ad6pt ihe ~esolu~ionIn theMatter of Incieasing the C~rrections Fund - Mental He.lth Contract by$4,468.00. The fuotion'was seconded by Commissioner Woodward and carri~d

with wi 11 iams'~ ,Woodward and Knight vo t ing, aye.

UNSCHEDULED BUSINESS: CONSIDERATION O'F AGREEMENT BETWEEN STATE COURTADMiNisTRATO~AND-TILLAMOOK-COUNTY~FOR-:FUNilINGOF-LEGAL-SERVIGESFOR- "INDIGENT-DEFENDANTS-FROM-JANUARY-:'r;-:l9"S1-TO-:-:JUNE-67-19:S3::~""'P hiT i p -:"K:';;11 as,~~II~-De~~Je:r~-~ate~thi~~e-a;~unt-~-;~ney~iceivid'from the Statewould be $12,546.00 per the agreement. Mr. Kollas and Ms. Rosik, CountyCounsel, agreed on the contract language. Ms. Rosik stated that all three

TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETXNG llfINUTESWednesday, october 27, 1982

copies of the agreement must b~ signed and returned to the Stat~.

is for the fiscal year of January 1983 to June 1983.

Page lj.

The agreement

A motion was made by Commissioner Woodward to approve and sign the Agreementbetween the State Court Administrator and Tillamook County for the Funding ofLega,l Services for Indigent Defendants, January 1, 1983 to June 30~ 1983. Themotion Was secbnded by Gommissioner Williams. The motion carried with Commis­sioners WilliamS, Woodward and Knight voting aye.

CONSIDE;RATION OF RECOMMENDATION OF TILLAMOOK COUNTY BUDGET COMMITTEE CONCERNINGkEDUCTION IN THE BUDgET: Steve Simpson, Budget Officier, stated that the BudgetCommittee 17ecommended reduction in the following area:s':

Materials and Supplies/Capital OutlaySt!rvey Contract (Personal Service'Item)Transfer of Revenue Sharing from a line

item and Building Maintenance to theGener a 1 Fund,

Justice Court (Personal Services)District Attorney (Personal Services)County Clerk (Personal Services)Library (Personal Service~)

Total reductions of:

$113,037.003 ,,000.00

15,000.00Q.,'494.00

10,,823.00Ji.1,384.00

~~ 7 1;~~2,:;.0 0

$157,738.00

Mrs. Buel then asked how many persons would be left in thB County's employ.Mr. Simpson stated approximately 214 persons would be left.

Ms. Buel asked how many persons had been added to administration since thefirst afthe y~ar. Com~issioner Wood~ard ~nd Ch~irman Knight both statedthat no one had been add~d. Commissioner· Woodward stated that the PersonnelDirector and the Administrative Assistant have been replaced in this budget year

A biief discussion was held regarding the addition of Legal Counsel and staff.Ms. Buel stated that it was too bad that 22 people would be laid off insteadof cutting batk in administration.

The qu'estion was called for .and the motion carried with G.ommis'sioners Woodward,Williafus and Knight voting aye.

~NSCHEDULED: CONSIDERATION OF A MEMO FROM THE EXECUTIVE SECRETARY REGARDING_~JJ.Q..11RQ1LJ,]1..§..=. the memo had' been-readand reviewed by all three commT$'"SIone. J' ,­

A motion was made by Commissioner Williams to repair the two auditron keys (at the ,cost of $11. 75 each. The ,motion was seconded by Commissio.ner Woodwardand carried with Commissioners Williams, WOodward and Knight voting ate.

TILLAMOOK COU NTY-B01\.RD--OF-COHHI SSTON ERSNEE TINGl-UNUTES­Hednesday, October 27, 1982

MISCELLANEOUS ROAD DEPARTMENT MATTERS:

a. Burbank Road: Ir~ West, Jean West and other resident~ of B~rbank-----------Road were present.

Mr. W~st asked about the official report concerning Burbank Road. Mr.Os he 1 s tat edthat his rep 0 r t had been rev i ewe d by Co u n t y 'c 0 un s e 1 and' theBoard. In brief, it stated that Bur~ank Roa~ is a local access rnad~At thiB time no funds are being spent on any roads other than dedicat~d

County roads. Mr. Oshel's' recom~endation at this time is that no work bedone on Burbank Road.

Mr. West read a portion of the December, 1980 minutes, whereby Mr. WarrenMcMinimee, County Counsel, directed the Board to accept the· deeds forBurbank Road as a dedicated public ~ay.

Mr. Oshel explained the diffe~ence between a dedicat~d public way and aCounty road. Mr. Oshel also pointed out that funds were a~ailable at thattime to work on public roads as a service.

A lengthy discussion was held regarding th~condition ~nd repairs need~d on~urbank Road and the budgetary and legal r~strictions now in effect.

t" Q Commissioner· Williams directed Mr. Oshel too' lo.ok at Burbank Road aga,in· andt8 inspect it to see if itis hazardous now. Mr. Oshel. stated that he would

inspect the road again.

Mr. West asked Mr. Oshel what would happen to public ways after the budgetcrunch ..Mr. Oihelstated that the public servi6e proje~ts would be· continueiif so ordered by th~ County Board of Com~issioners.·

CO·NSIDERATION OF A LETTER' TO THE OREGON ECONOMIC ACTION COUNCIL REQUESTINGFUE~S !:!.ND~~=X!!~~:~~E YO!!..-WIT!!._US~PROGRAM: Dick Pea;rso.n,Economic Develop­ment Director was present. He stated that a mistak~ had been made by Mr.BertI regarding 'the funding available for this. program and that he hadinvestigated th~ matter' immediately io ~ind that furiding would be availableon November 17, 1982.

Mr. Pearson stated that he had submitted a proposal"t~ the program which wasoriginally for $18,000.00. He has now resubmitted a.ne for $9,225.'00'. ThePort of Tillamook Bay is picking up part of the fun~ing. Mr. Pearsonexplained to the Board why he did not apply the first time for funding.

After a brie'f discussion a motion was made by Commis.sioner Woodward 'toapprove the letter to the bregonEconomic Action Council requesting 'funds_under the "Are You With Us" program~ The motion was seconded by Commis- ­sioner Williams. The motion carried with Commissioners Williams, Woodwarda~d Knight voting aye.

CONTINUATION OF MISC~LLANEOUS ROAD DEPARTMENT 'MATTERS:

b. Werne~ Road: Mr. Oshel, Director of Public Hcirks, 'displayed colored.map sshowln gthe a reO a iIi que s t ion. Her e fer red to his memo d ate dOc to b e r25, 1982, with a legal description attached. Mr. Oshel explained the pasthistory df Werner Road to the Bo~rd. He state~ ihat the vast majority of -

TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETING MINUTESWednesday, October 27, 1982

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the ~oad is private and it is nothing but a local access road. Mr. O$helrecommended to do nothi.ng in termS of work on Werner Road at this time.

Discussion was held regarding the. legal liability of Werner Road and the liseof such roads by the school district. Mr. Oshel stated that the s~hool

cl,j,stricts were pulltng off these roads mainly due to' financ ial reasons and ,net due to the lack of maintenance these roads have been receiving.

C'

Chairman Knight rQad a portion oEthe Order which was passed by the CountyCourt· in 19 S4 ,. regard ing the maint enane e a f Werner Roa.d.. Di s cu s s ion ",,'a s he Idregarding the legality of the Order.

c. Re.9..~~.!~Z_PUD_ior the u~_.2.La Crap! an~.l?eratoE..~ Mr. Oshel stated thatPUP had contacted him and requested, the use of a crane and operator at the costof $111.00 per hour. Mr. Oshel stated that he will need a work order if therequest is approved.

A motion was made by Commissioner Williams to approve the request by PU]) torent a crane and oper~tor at the cost of, $li'7.00 per hour. The motion wassetonded by Commissioner Woodward. The motion carried with CommissionersWilliams, Woodward and Knight voting aye.

d. Re.9yest2L!.~!:!ishersPaper to have a log deck Qperation at the Port ofI!!!.@;Et0ok B~: Mr. Oshel stated that he had been conl-acted by Pu::'lishersPaper Company. Rs explained the location to the Board and the use of the logdeck. Mr. Oshel also explained that Publishers is required to get a permitfrom D'EQ and that DEQ wanted a letter from the County giving their approval.

Commissioner Woodward stated that the Board should talk to the Port firstbefore authorizing a letter.

Chairman Knight asked if this would come under' the Planning Department juris­diction. Commis'sioner Woodward stated that he didn',t think it would, butrecommended that Mr. Oshel speak to Vic Affolter, Planning Director. Furtherdi£cussio~ will be held during the next meeting.

e.' LetterfromB"ill Burkeregar~in:g' 'r'et'ain'ing 'wall 'in I'l'e's'ko'viin: Mr . Oshelrecom;ended that a permit be issued toMr. Bu-,rke to ,maIntaIn-the wall. Aftera brief discussion, Commission~~ Woodward requested that this matter bereferred to Legal Counsel for fu~ther investigation and review.

f . !.!::e Mat!.~E.-£..L£0 u~!X-2. r d~i~:&~£.p t i ng_f~ r tili~Ro~d s~ a. s~Co un.!x~.£~ s sRoads: Mr. Oshel stated that ~e~tain orders dated in 1963 andl~66, adoptedthe County Court, put a number of roads under the County's maintenance as ':County local access ro~ds. This was done without the availability of mapsand the majority of the roads had no names. Mr. Oshel stated that he hasworked up a document ~hichshows what was lega11ydone in th~ old orders andh.e requested an hour during a regular meeting to go over the document. Hewould like the B~ard to consider adopting an order which would clarify theactual legal description of the roads adopted in 1963 and 1966.

A time will be arranged with Mr. Oshel and the Board in the next few weeksfor a public meeting.

g. ~;£~~ek£EL~.:.._~~~~_2.ver'U~E.e.i~_E£~.L£i~~iil~~!!: Lawr'ence Ros s of Rogera.nd Stevens Road is being sued by Mr. Reddekopp for the cost of the culvert.Mr. Oshel asked the Board if they wanted to become involved with this matter.

by

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--.----.----- TJ~1~L-AMO-OK- CO-UNT y. B-O"ARD -··'O-F C--O:r;iMI"SS-r-ON-E R-S "-I~lE-"ET-I-N-G- -I\i"I-N~UTE-S

Wednesday, October 27, 1982

.After a brief discussion, County Counsel recommend~d 'that she and Mr.Oshel discuss the matter and return with a report to the Board during theafternoon session of this meeting.

RECESS WAS CALLED FROM 12:05 p.m. to 1:30 p.m~ FOR LUNCH

CALLED TO ORDER BY Chairman Knight at 1:32 p.m.

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PUBLIC HEARING: CONSIDERATION OF PROPOSED ORDINANCE PROVIDING FOR A TltLAMDOKCOUNTy-rIBRARY-BOARn-AND-XSSIGNING~RESPONSfBILITIES-OF-THE-rIBRARy-nOARD';:---~ORD INANCE"-4n T:--Coun t yeo uns e lLynn~Ro s i k r e a d-the-ord i nancein: fulI-.-.-}j.s. .'Rosikstatedthat. this ordinance was brought about by a discussion y.Thic.h· . iwas held between the Librarian, the Library Board and Commissioner CarolWilliams. The or~inance 'has been discussed in full by the Library Board.

Chairman Knight stited ~hat in February of 1962 the Board of Commissionerswere referred to as the County Court. Ms. Rosik stated th.t this was onlythe first reading of the ordinance and the wordirig could be changed~

Chairman Knight calledfbr discus,ion or' comments regar~ing the ordinance.'

Commissioner Woodwtrd stated that he had a question relative to Secti6nB,Library Policies and Procedures, on page 3, the last sentence .. ' C~mmission~r

Woodward asked if there would be an approval by the Board of the Policies~nd Procedures. Ms. Rosik stated that no provision had been made for it.She added that a definition could be added to the ordinance regarding thetypes of policies the Library ,Boar& would be' irivolved in.

John Coult4s, Librarian, commented that the policies, were basically designedfor the every day operation: of the Library.

No further testimony or discussion was held. Chairman Knight adjourned thehearing at 1:47 p.m~. The second hearing will be on November 10,1982.

CONTINUATION OF MISCELllANE:OU~~OAQ~~TTERS:

g . .Q'on!i:.~~tiori~Reddek~..R:E v ..Ross Over Unpaid Co~t of Culvert: Mr ..Oshel explained that Mr. Refs,s would like the County to pay for his 80 feetof culvert. Mr. Oshelfs recommendation is to stay out of the matter andnot pay for the culvert. ae stated furth~r that Mr. Ross would probablybe asking for maintenance on the road if we paid the cost~f,the culvert.

~he Board felt they should not become involved with this matter at thistime and Mr. Oshel statedt~at he would contact Mr. Reddekopp and Mr. Rossof the Board's position.

UNSCHEDULED: EXECttTION ,OF AN APPLICATION FOR BUSINESS LICENSE AS WRECKEROF NOTOR VEHICLES; BESTER SALVAGE: . A motion was made by Commissioner,WiI I i am s to-a pprove the a p p 1 i ca t ion ass tat e d . The mot' ion was sec 0 n de d byCommissioner Woodward and carried with Commissioners Knight, Woodward'andWilliams voting ~ye.

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r~ UNSCHEDULED: REQUEST BY THE ARMY TO USE THE' BAYOCEAN PENINSULA FOR SURVtVALr­~"TRAINING: Chairman Knight stated this was done on an annual basis. A motior

';as made by Commission,er Woodward to approve the request to u.seth.e ;Bayoce'art I

Peninsula. The motion was s'econded by Cbmmissioner Williams and c~rriid

with Commissioners Knight, Williams and Woodward voting aye.

TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETING Ml,NUTESWednesday, October 27, 1982

Page 8

UNSCHEDULED: CONSIDERA'rION OF, REgUEST, TO BE 'ON AGENDA FORM: A motion ,,,as made .~~ approve thenew form by Comm,issionerWilliams. The motion was seconded by CommissionerWoodward and carried with Commissioners Knight. Williams and Woodward ~oting ('aye.

CORRESPONDENCE:

a. A letter from the Associated General Contractors regarding Prevailing WageDeterminations concerning public works contract awards was discussed. Discussiowas held regarding tbe Davis/Bacon act. Commissioner Williams made a motiontha~ Tillamook' County adopt a Resolution, resolving that in the interegt of thepublic, the Oregon Legislature repeal OregonJs prevailing wage law. Lynn Rosik,County Counsel will prepare, a Resolution for the Board to sign. The motion wasseconded by Commissioner Woodward and carried with Commissioners Knight, Williamand Woodward voting aye.

b. A letter thankigg Joanne Cornelius for her mileage reimburs'ement in theamount of $300.00 per year to the Planning Department was read. A motion wasmade by Commissioner Woodward to send the letter to Mrs. Cornelius. The'motion,.;as seconded by Commissioner Williams and' carried ,,,it'l Commissioners Knight,Woodward and Williams voting aye. .

UNSCHEDULED: REPORT ON CLOVERDALE WATER DISTRICT'S GRANT FROM HUD: Mr. Dickp~a;so~-.;ade-a-brief~epor~~nthe-Clov;rdale-Water-nIstrlctTs-grant. Hestated that he spoke to HUD regarding the grant and that Clo~erdale aj adistrict can solicit ~or bids and ~o ii on an individual basis. He did statethat the· County must keep a copy of the bid proposals in their files and thattke county ls responsible for the bid process being done correctly. A briefdiscussion was held regarding the en~ineer's report ~nd CQsts.

!H!.§'9.HE DU LED: --.!? IS CUE.gON OF _ LET TER~O:BRE ND AW0'0DR'O OF' 'FR'OMLYN'D'A 'WrL'LARD: ,Abrief discussion was held regarding a letter from Lynda Will~rd to Brendri 'Woodroof reg~rding personnel matters. Chairman Knight talked to Ms. Woodroofon October 26 and she stated she ahd Ms. Willard had met and resolved thematter. ' Commission~r Woodward had not read the leiter and ciommissioner Williamswill make another copy for Ms. Woodroof.

UNSCHEDULED: DISCUSSION OF COUNTY COUNSEL TO HELP COUNTY EMPLOYEES WHO MAY ~EINPICTED: Co,mmi s sioner Will iams asked tha t County-CounseT-;I:ynn Ros ik;-b'-,e---dI;e~ted to oefer her ,services to County employees w.hQ may he.. $.ub.j~ct to (,'criminal indictments. The services would. be 'in the 'line 'of 'resea'rch,or~efs,

etc. Ms. R.osikstated that she ,would be glad to speak-to the attorneys whowere hired by the employees and h~lp th~m if she could. A motion wa~made byCommissioner W'oodward to direct County Counsel to assist County, employees whomay b~ indicted and to draft a letter to Bob Fogarty and Brenda Woodroof today

TILLAMOOK COUNTY BOARD -OF···--c-oi11~{ISSIONERS IvlEETII~G MIN:UTjIsWednesday, October 27, 1982

regarding the assistance that may be ,provided bymotion was seconded by Commissioner Willi'ams andKnight, Williams and Woodwar.d voting aye.

RECESSED for 15 minutes at 2:13 p.m.

CALLED T6 ORDER AT 2:30 p.m.

County ,Counsel. Thecarried 'with Commissioners

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Commissioner Woodward stated that he would like to declare a possibleconflict of interest because Lois Albright, attorney for the opposed, ishis legal counsel in th~ indictment matter. Chairman, Knight asked Com­miss,ioner Woodwi3.rd if he felt, he could render a fair decision', CommissionerWo~d~ard stated yes.

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Virgihia Gale, of Wediberden, Oregon, testified in opposition to th~ propos~~

zone change. She was concerned about the historic tree ~tumps located on Ithe beach and the small access area to the beach fo~the public's use.Ms. Gale asked the Board if,theyhad inspected the site. Chairman Knightstated tbeyhad not, but ~ill do so before a decision is made.

Dorothea Bliven, property own~r, at south beach in Ne~kowin, spoke in op­position to the proposed zone change. She concurred with the testimonygiyen by Ms'. ~lbright at the first hearing, '

Darryl Bliven spoke in opposit'ion and concurred with all of the peopie whowere ilso in opposition of the zone change.

~ester E. Fultz, Neskowin property owner, representati~e of LEW: Inc. and¥r~sident of Chinook Associates, Inc., spoke in favor of the proposed zonech~nge. Mr~ Fultz stated that he is also a d~veloper and he waathedeveloper of Proposal Rock and Ne'skowin Heights subdivisions. H~ fe1.t'th~t a subdivision of this type was i gross mistake ~nd very inappropriatefot the area. He was in favor of the R~l PD 'develop~ent and felt it wouldbeit ~tilize the areaavailible for b~ildi~g~ ,

Bet"ty Tro"Ybtidge, ,a 'Neskowin resident, spoke in opposition to the" proposedZone change. Her property is completely surrounded by the Hiatt property.Her main concern is,the way Mr. Hiatt has ~ug 15' out of the bank of theea~t side of her home arid felt it would slide and feared the west sidewould al~o wash away. Ms. Trowbridge state~ that she would like to have ageological report o~ the stability of the area. Ms. Towbridge w~s alsoconcerned about the road and the condition of t~e one-way bridge·th~t willhe used by the ,new residentsofthe,are,a. Ms. Trowbridge res,pect.fully re-l1quested that the B6ard deny the proposed zone change r~quest. '

Ladd ie Gal es poke' in oppo si tion to the ,propos ed zone, chang e. He's t at ed thathe'was·a broker' i~ cur~y County and the s~me ~roblems were occurring there.Mr. Gale blamed, the Planning Commissions, Board' of Commissioners, and LCpCfor Curry County's prob,lems. Mr. Gale stated that there is no way that, adevelopment of this size could be handled in a ,small community.

Irvi~ Jones was called upon by Chairman K~igh~to speak. 'Mr. Jones~eclined~ntil all of the opposition 'had spoken.

TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETING MINUTESWednesday~ October 27, 1982

. Page 10

·Ed Chadwick of Banks~ Or~gon~ spoke in' opposition to the proposed zone chang .{~_.Mr. Chadwick stated that he is a developer in the Portland Metro area. He \ .was appalled that the process of the proposed zone change had gotten this far'(>,hert it ~yas obvious that so many residents of the area were in o,ppos:Ltion tothe change. He felt that the developer was not follo.i~& the prop~r rules and']jegu 1 a tion s for bui Id ing con.s t ruc t ion.

Jo*nne Cornelius spoke for hersel£and as a m~mber of the Tillamook CountyPlanning Commission. Ms. Cornelius felt that the people did not understandthat the Planning Commission had only recommended' the prop"Osed change and didnat approve of the developer's plan for development of the property at this time.Ms. Cornelius stated that the zone change would have to be approved first andthen the development at a later date, by the Planning Commission.

Elaine Andrews spoke in opposition of the proposed zone change. Ms. Andrewsstated that condominiums change the feel of the area. She asked if all theletters that had been subm1tted had been read. Chairman Knight stated that ~1

, the letters had been read by the Board.

Ms. Andrews also questioned access to the beach.

John Andrews of Portland~ Oregon spoke in opposition to the proposed zone changeHe was concerned about the easement and road access. He also felt the zonechange was inappropriate for the area.

Mac Trumbo of McMinn~ille, Oregon spoke in opposition to the proposed zonechange. He owned beach property in Lane County and gradual changes had take_ tplace in tbe zoning which allowed uses that did not conform to the area. ,Nr. Trumbo felt that a pre-commitment had taken place regarding this particularm~tter. Chairman Knight stated that no pre-commitment had taken place andthat the County does not operate in that manner.

Julie Steiner of Port1and~ Oregon ipoke in opposition of the proposed zonechange. Ms. Steiner stated that the majority of neighbors were in oppositionof the proposed change and she would like to know how many.

In'lin Jones of Lincoln City, .Oregon is the architect £01; NESO Developers. Mr.Jones read a prepared statement into the record which has been made a partof the file. He spoke irifavor of the proposed zone. change.

Margaret Marsh of Neskowin spoke in opposition of the proposed zone change.She was concerned about the differe'~e between a duplex and a single apartment.

Lois Albright, attorney for the opposition, read through a prepared statementwhich wds made a part of the file. Ms. Albright stated that the burden ofproof is on ~r. Hifitt, a~ he feels the development would not be detrimentalto the area. She recommended that the Board deny the request for a zone changeat this time.

Commissioner Woodward stated that he was not'at the first hearing and would liketo review the material before fuakitig a decision.

A motion was made by Commissioner Woodward to take the matter under ,advisement (­at this time and to render a decision Dn or before December 8~1982. The .motioD was seconded by Commissioner Williams and the motion carried withCommissioners Knight, Williams and Woodward voting aye.

TILLAMOOK COUNTY BOARD OF COMMI SSlONERS ~EETING MINUTE SWednesday, Oc~ober 27, 1982

Page 11

testimony to be taken.moreThe public hearing was closed with no

«(~PUBLIC HEARING: CONSIDERATION OF ORDINANCE FOR ZONE CHANGE REQUEST CZC-82-S)-- MApAM ENDME NTTO-CHAN GECE RTAINFLOOD-HAZ ARD Z0NEDESIGNAT I ON S-ALaNG~MAK I NsT"],

ROAD, WEST OF U.S. HIGHWAY 101, NORTH OF TILLAMOOK CI-Ty;--Mik';-WheeTer--;----­Pt'anne;:-asked-that""""Lynn Rosik:-CountyCo~sel,rea~rthe Ordinance. Ms.• Rosil{stated that the amendment to the Comprehensive Plan and the Land UseOrdinance were identical. She ,read the Land Use Ordinance only.

Chair~a~ Knight asked if any of the affected land liy inside Tillamook"CitytiUrban Growth Boundary. Mr. Wheeler,stated that the County is only concerned~ith the property that lies 6utside the Tillamook City UGB. He also Btatedthat FKMA will make bo~h ~hangeson their maps.

Mr. Wheeler read the Planning staff report. A notice was published threetimes in the Headlight Herald and posted in three public places for notifi~·

,cation of the public hearing. Mr. Wheeler also read the Planning Commission, meeting'minu~e~ which referred to the zone change request. The Planning

Commission recommended adoption of the map amendment.

Mr. Wheeler pointed out the areas affected by the. proposed zone changes onthe map and which properties would be affected.

Mr. Tobin was concer'ned 'about the eleva.tion differences in regards to thearea that will be flooded. The flood plain is 10'6 Jr as stated by CH2M Hill ..He stated that the area in q,uestion is being mapped at 15'6", which hefeels is inaccurate. . ,

Mr. Tobin urged the Board to table the matter at this time and' not to goany further with the map amendment.

A lengthy discussibn was held in regards to the difference between th~ m~ps

done, by CH2M Hill and Michael Baker.

Mr. Tobin stated that he has a video ta~e which shows flooding in the areaproposed for the map amendment and the Board of Commissioners is welcome toview it.

Chairm~n Knight closed the public hearing and stated the second hearingwould take ~la~e on Novembe~ 10, 1982 at 2:30 p.m.

Commissioner WilLiams asked Mr. Tobin tb supply written documentation fromCIl2M Hill regarding the map difference.

'0PUBLIC HEARING: CONSIDERATION OF ORDINANCE AMENDING ORDINANC,E :1f2.6 ADO~T-INGTIlE URBAN GROWTa BOUNbARY FOR THE CITY OF ROCKAWAY: Dick_Pearson, ~lanne~

f9~theCityof-:-Rockaway:-~tatedthat~hisisthesa~e urb'an growt,hboundary as ~as heard .before and there are only a few changes in the zon1ngdesignations.

TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETING MINUTESWednesday, October 27, 1982

Pa·se 12

Lynn Rosik, County Counsel, read the ordinanc~ in full for the record.

Mike Wheeler, Planne~, read the Pl~nning Commission minutes of September 9,\ (1982, into the record.

Dick Pearson stated that the UGB for the City of Rockaway has not changed. Itis the ~ame one that was adopted a year ago by the Board of Commissioners andis the same one submitted to LCDC. The question is in the &ouing of certainareas. The City qf Rockaway adopted Tillamook County's zoning. designations withjthe UGB and outside the ciiy limits. When these areas would be annexed thezoning would have to be changed to conform to the City zoning. Mr. Pearsonstated that LCDC objected to that. He stated th~t they have since ~hanged thisas well as solved the . wetlands issue. He now feels tha.t Rockaway has a planthat can be resubmitted to LCDC.

Chairman Knight asked if the problem with Mrs. Barnhardt had been solved.

Mr. Pearson stated that Rockaway allows mobile home zoning in"a lot of her areabut not on her property, but it never has.

Mr. Affolter stated that Mrs. Barnhardt had a copy of the old zoning which didallow mobile homes, but not in her area. He has tried to 'explain this to· her iT:the past.

Chairman Knight asked if Rockaway had a health hardship for this type of problenMr. Affolter stated, no, and that Mrs. Barnhardt wants to replace the woodstructure with a mobile home. It must be done in conjunction with an existi~ry

building ~ndnot be a replacement. ,

Mr. Wheeler stated that the zoning which has been placed on property close tohers and near the Highway does allow mobile hOmes outright and a few have beenplaced 'on the hill behind Mrs. Barnhardt's property.

Mr. Gerald Stelzig of Tillamook, Oregon, stated that he owns property in TwinRocks which is Twin Rocks Building Supply. H~ would like to get into th~ properzone.

Nr. IV.heeler stated that Mr. Stelzig is currently in a C-l zone. Mr. Wheelerread the allowed uses. A lumber y~rd would be a conditional use which wouldhave to be approved .by the Planning Commi s sian.

Mr. Pearson stated that Mr. Stelzig's operation would not be allowed as"hewould be storing lumber outside and the zone calls for all supply.to be storedinside. Mr. Stelzig stated that he had received correspondence from Ms. Willardwhich stated that h~ could not store lu~ber outside. .

Hr. Affolter stated that he sppke to Mr. Stelzig this morning and c'larified thatthe new C-I zone woald allow his operation as a conditional use.

Mr. Wheeler correct~d Mr. Affolter by stating that the C-l zone has not beenchanged for the Rockaway UGB. The old C-I still is in effect for this area.Until the zone change, that is before the commission now is approved, Mr. Stplziwould not be able to apply ior a conditional use.

~r.Aff~lter stated that this is ~tiat he Was ~rying to explain, the new C~l

zone would alI ow lumber yards under a ·cond i t iona11,l, se. The new zone ·wou Idgo into effect until 90 days after it has been signed and approved.

not

--~----~---~-._------~._-- -~'--"'~-"-'-'--'-----' _._'~'-----_._"._-~-~~--_._~-----~.~~-- -~-~---.--------._------.- ---~-------'.--'--~---~'-~--_.------._----'--~---------.---------~_----:.-_-------. ----------~----._--_.-------_.-

TII.sLAUOOK COUNTY BOARD OF COMMISSIONERS MEETING MINUTESWednesday, October 27, 1982

Page 13

The second public hearing will be held on November 10, 1982.at 3:00 p.m.

ADJOURNED: ·4:37 p.m.

RECONVENED IMMEDiATELY.

UNSCHEDULED: EXECUTION OF LETTER TO'OREGON CONSORTIUM: Dic.k Pearson. aske.d thatthe meeting be re~opened to iigntheletterto.t~e·Oregon Consortiu~.

A motion was made by Commissioner Williams that th~ Chairman sign thereports to the Orego~ Consortium for the ~illamook County contra6t # 82-D-1TIThe motion was seconded by Commissioner Wood.ward and carried with Commis~:

sioners Knight, Woodward and Williamsvo~ing aye. .

ADJOURNED: 4:38 p.m.

Recorded By .. . ..Nina Galtino.-;RecordlngSecretary

submitted

/'7-/. . -e/<~.. ,f· / .

Pre pare d. B1:::;-:!"PC7:df!Y. "CC:? _~7•.!-<:!-:_ .Rhonda Eller·Moek, A'ct~ng RecordingSecretary. .

of~· 1983~·cr----:--·--A-Respec.t fully

~~f4rm~.#--~~.~.(;~~)~~~_.\d Car-o-l-Wi11 iams ,Commis s ioner