BOOK 111PACE 625 V'

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARDMEETING - Wednesday, November 25,2009Page 1

Tim Josi, ChairMark Labhart, Vice-Chair

COMMISSIONERS PRESENT:

COMMISSIONER ABSENT:

STAFF PRESENT:

~JAN~.J.0~

TAssf~ILCOUNTY CLERK

Charles J. Hurliman, Commissioner(Vacation)

Paul Levesque, Facilities, Fleet andContracts DirectorWilliam K. Sargent, County Counsel

STAFF PRESENT FOR PORTIONS OF THE MEETING: Uane Welch, Director, PublicWorks; Jeanette Steinbach, Public Works and Tassi O'Neil, County Clerk.

GUESTS: Gus Meyer, John Getlmanand David Kraybill.

CALL TO ORDER: By Chair Josi at 9:00 a.m. in Commissioners' Meeting Room A

ITEM NO.1: WELCOME & REQUEST TO SIGN GUEST LIST: Chair Josl welcomedeveryone and reminded them to sign the guest list.

ITEM NO.2: PUBLIC COMMENTS - NON·AGENDA ITEMS: There were none at thistime.

ITEM NO.3: PRESENTATION ON THE BAILEY BRIDGE AT BLAINE ROAD: LianeWelch showed the picture of the failed culvert. The road sunk six (6") inches. Sheshowed photos documenting the construction over six (6), ten (10) hour days. This is atemporary bridge for three (3) years. It is at milepost 4 on Blaine Road. TheCommissioners thanked Ms. Welch and her department. A letter of thanks will also beprepared for Oregon Department of Transportation (ODOT).

ITEM NO.4: DISCUSSION CONCERNING MODIFICATION #2 TO PERSONALSERVICES AGREEMENT #4061 WITH TILLAMOOK COUNTY COMMUNITY ACTIONRESOURCE ENTERPRISES. INC. FOR HEALTHY START OF TILLAMOOK COUNTYPROGRAM: Chair Josi said this is a continuation because the State has not finalizedits revision of the program.

A motion was made by Vice-Chalr Labhart to approve and sign Modification #2 to thePersonal Services Agreement with Tillamook County Community Action ResourceEnterprises, Inc. for the Healthy Start of Tillamook County Program. The motion wasseconded by Chair Jos!. The motion carried with two (2) aye votes. TheCommissioners signed the Modification.

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARDMEETING· Wednesday, November 25, 2009Page 2

TAKEN OUT OF ORDER ITEM NO.7: BOARD CONCERNS - NON·AGENDA ITEMS& ANNOUNCEMENTS: Vice-Chair Labhart talked about the letter to the editorconcerning the good things going on in the County. He talked about an upcomingmeeting with the business community on the Hwy 6/101 intersection project. He alsotalked about a National Resource and Conservation District meeting concerning aDepartment of State Lands rule for leases for tide gates or other structures.

Chair Josi talked about his work on marine reserves, two (2) of which will impactTillamook County and the selection of members for the advisory committees. Chair Josiwill be on both Committees.

ITEM NO.5: PUBLIC HEARING CONCERNING AMENDMENT INCREASING FEESUNDER ORDINANCE #64. DOG CONTROL: Paul Levesque said this is the second oftwo (2) required Public Hearings. He reviewed each of the proposed fee increases andOrdinance changes, indicating that a survey of fees was completed for surroundingCounties and that the proposed increases were consistent with those amounts.

Chair Josi opened the Public Hearing. Hearing no testimony he closed the PublicHearing.

Vice-Chair Labhart made a motion to approve and sign the Amendment increasing feesunder Ordinance #64. Chair Josi seconded the motion. The motion carried with two (2)aye votes. The Commissioners signed the Amendment.

Chair Josi recessed the meeting at 9:40 and reconvened it at 10:00 a.m.

ITEM NO.6: PUBLIC HEARING CONCERNING PROPOSED ANNEXATION TO THENESKOWIN REGIONAL SANITARY AUTHORITY: Chair Josi opened the PublicHearing.

David Kraybill of the Home OWners Association was present. He said the parcelproposed for annexation sits on Sutton Creek bordering the Association. TheAssociation flied an objection to this parcel when it was under a Measure 37 claim.They are concerned that development will affect drainage and worsen flooding. TheAssociation asked If the Commissioners approve the annexation that it have a conditionthat approval of this parcel should not be construed as a grant of permits. He addedthat he didn't think that the parcel was zoned for development.

The Commissioners had a discussion with Staff about the criteria for annexation. TheCommissioners decided this matter should be continued to a time certain to be able tosort out the zoning, Comprehensive Plan and annexation approval criteria.

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARDMEETING - Wednesday, November 25, 2009Page 3

Chair Josi closed the Public Hearing and said it wlll be continued to 9:30 a.m. onDecember 2, 2009.

Chair Josi read the announcements.

ITEM NO.8: PUBLIC COMMENTS: There were none today.

There being no further business Chair Josi adjourned the meeting at 10:15 a.m.

I"RESPECTFULLY SUBMITTED this L day of 7""- ........... r" ,2~County Clerk: Tassi O'Neil

~~n B~;\~rdin~sir:-ry& Special Deputy

APPROVED BY:

v-C.# ',M.Chair

-'.',

~g,k~rJh)Ice-Chair 4£~om issioner

NOTICE OF A BOARD MEETING AND AGENDAof the

TILLAMOOK COUNTY BOARD OF COMMISSIONERSAlso sitting as the Board of the

SOLID WASTE SERVICE DISTRICT &THE 4-H AND EXTENSION SERVICE DISTRICT

to be held

Wednesday, November 25, 2009 at 9:00 a.m.

Commissioners' Meeting Room ACounty Courthouse, 201 Laurel Avenue

Tillamook, Oregon

BOARD OF COMMISSIONERS

Tim Josi, ChairE-mail: tjosi@co.tillamook.or.us

Mark Labhart, Vice-ChairE-mail: mlabhart@co.tillamook.or.us

Charles J. Hurliman, CommissionerE-mail: churlima@co.tillamook.or.us

201 Laurel AvenueTillamook, Oregon 97141

Phone: (503) 842-3403 FAX: (503) 842-1384

ANY QUESTIONS? ContactPaul Levesque (503) 842-1809

E-mail: plevesgu@co.tillamook.or.us

COUNTY WEBSITE: htlp:/Iwww.co.tillamook.or.us

WATCH THIS MEETING ON TV: TLCTV Channel 14

Thursday - 1:00 p.m.Sunday - 1:00 p.m.Wednesday - 9:00 a.m.

Friday - 8:00 p.m.Monday - 1:00 p.m.

Saturday - 9:00 a.m.Tuesday - 8:00 p.m.

NOTE: The Board of Commissioners reserves the right to recess to Executive Session as may be requiredat any time during this meeting, pursuant to ORS 192.660(1).

NOTE: The Tillamook County Courthouse is accessible to persons with disabilities. If specialaccommodations are needed for persons with hearing, visual or manual impairments who wish to participatein the meeting, please contact (503) 842-3403 at least 24 hours prior to the meeting so that the appropriatecommunications assistance can be arranged.

CALL TO ORDER: Wednesday, November 25, 2009 9:00 a.m.

BOARD OF COMMISSIONERS

1. Welcome & Request to Sign Guest List

2. Public Comment - Non-Agenda Items

3. Presentation on the Bailey Bridge at Blaine RoadlLiane Welch

LEGISLATIVE - ADMINISTRATIVE

4. Discussion Concerning Modification tr2. to Personal Services Agreement #4067 with Tillamook CountyCommunity Action Resource Enterprises. Inc. for Healthy Start of Tillamook County Program/MarlenePutman

9:30 a.m.5. Public Hearing Concerning Amendment Increasing Fees under Ordinance #64, Dog Control

10:00 a.m.6. Public Hearing Concerning Proposed Annexation to the Neskowin Regional Sanitary Authority

7. Board Concerns - Non-Agenda Items & Announcements

8. Public Comments

ADJOURNMENT

BOARD MEETINGS AND ANNOUNCEMENTS

The Tillamook County Courthouse and Administrative offices in the Jail and Justice Facility will be CLOSEDon Thanksgiving Day. Thursday. November 26. 2009. In addition, the County's holiday schedule and theAFSCME Union Agreement designate the Friday after Thanksgiving as a holiday. Therefore, the Countyoffices in the Courthouse and Administrative offices in the Jail and Justice Facility will be CLOSED onFriday, November 27.2009, to allow employees this time off. However, the State Circuit Court and theTillamook County Library will be open on Friday.

Commissioners' Staff Meetings are held on Monday except on Tuesdays after the second Monday of eachmonth. The Tuesday. Staff Meeting schedule through April 2010 is as follows:

• December 15, 2009 (previously announced as December 8)• January 12, 2010• February 9,2010• March 9, 2010• Apri113,2010

The Commissioners' evening meeting schedule will resume in the winter as follows:

January 20, 2010February 17,2010March 17,2010

Kiawanda Community CenterManzanita City HallCounty Courthouse

Apri121,2010May 19, 2010

Kiawanda Community CenterManzanita City Hall

There will be no Commissioners' evening meetings in November or December, 2009.

BOARD OF COMMISSIONERS'MEETING

Wednesday, November 25,2009

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FILEDOCT! 92009

TAS$I: .O'NElLCOUNTY. CLERK··BR[i'OR~ TFIE BOARD OF COMMlS.s10NERS

.·'I'JLLAMOOK. cOtJNTY

; .". . .STATB OF OREGON.;~.. ,;c

•

1n1:hC'¥8tterofA1U!!;lX'8tjl)1l to

Neskowin~l~~

Thispetitionfoj; 8h1itlwstiOnis filedJ1l.lI'SUl1llt ro ORS 198.850. The signers oftbisPetition for Annexation COJttpriseal1()fthe landowners witbin1he areaproJ)()Sed to be.annexed.T.bepro.fJOl!lidannexa1iO'l areaispxesent1yvacant and contiguous to 1he

. ~stiDgNesJ(oWin~SartimryAuthority.

RobertB. Fultz.Ge.neralPmtnerSeabreeze AssociatesJ.imited Plll.1.ne.rsbip865 Higbla1)dDriveBoo1de1' Creek, CA ·95006

This fItlIIAutibnwill a.fi'eCt1he following distt'ict$ within TillamookCounty:.' " - , 0.'

- ... _..... -

1.N~VaUeY;Sehool Pistrict#101~ORS CJJapter$$O2.·NW~ona1 EduooUon. ServiceDistriet- ORSChapter334

. 3. JillamookBayCcnmnunity CollegeDistrict'- ORS Chapter341_ _ . __ ~"A,_TIU~!1O! County- ORS Chapter 203 .

. .. . 5. Nes!a>winRe8ionafWitttiimstiicf-=URS-Ch8pter-264 ~. -" - - .- -. - ·7-

6. NeskoWin~ Sanililly Authority- ORS Chapter 4507. '!i11atnoQkCounty4.H & Extension ServiceDistriet- ORS Chapter4518. T1lla:ttl£ok CountyEmergency QmlllUltdeati.ons Distclet- ORSChapter 4519..T~ T1:an$ponation Distriet- ORS Chapter267

.,10. Nestucca :R1tra1.l1ireProtection. I>is1ricf- ORS Chapter-478

Petition for annexation to:Neskowin Regional Sanitary Authority

The tmdersigoed requests that the Tillamook Comrty Board ofCommissioners initiateproceedings for annexation ofthe following descri.bed territory to the Neskowin. RegionalSanitary Authority, to-wit:

Seabreeze Associates Limited Partnership Date: 10/7/2009Robert B. Fultz, General Partner865 Highland DriVeBoulder Creek, CA 95006

Regiatered Voter: Yes, SantaCruz County Califomia

Undersigned owns both parcels on the attached maps Exlnbits A and B.

Parcel 2 (remainder) Partition Plat 2001~06 and Parcel 3 (remainder) Partition Plat 2001­06, bothin Township 5 South, Range 11 West ofthe WJ1lamette Meridian, Section 36.and also known as tax lots 36BA-4800 and 3~1207, respectively.

STAlE OF CALIFORNIA ))ss

County ofSanta Clara )

This instrument was signed or attested before me on October 7, 2009 by Robert B. Fultz.

(Notary Signature)

NOTARY PUBLIC FOR CALIFORNIAMy Commission Expires: J"Il.-c,. l"t. I z-ilt~ ~

HI£N M. DANGCOMM. #1674410 z

Notary Public· Call1ornia ~A1ll11le1ia County _

Comm. Expires Jun.l2, 2010

•

ACKNOWLEDGMENT

State of Calif.9(Tlia! /'I rCounty of .::::;;;>o......\o!lt.. LAPLIr"L- )

On 6 c,.k,~-ev- 1Hl. .UJOCJ before me, Hle~ tI-{ 'eWJrJr/ JJtlrlr~ 'I f>LJ€uLjT-" (insert name and title of the officer)

personally appeared 1<b'bey"t 'IS. .Fu!(twho proved to me on the basis of satisfactory evidence to be the person(s) whose name~lS!l!lfeo

subscribed to the within instrument and acknowledged to me that he!sl:le!tlley executed the same inhisJllefitlleir authorized capa~. and that by hislAeFltl:leir signatu~ on the instrument thepersol)(:or. or the entity upon behalf of which the person~acted. executed the instrument

i certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoingparagraph is true and correct

WITNESS my hand and official seal.

C----\\i-i'i~ ~!/signature_-.l':::"'_~~~!:- _

DESCRIPTION OF THE ATTACHED DOCUMENT

...(11TLE OR DESCRIPTION OF AITACHED DOCUMENT)

(Seal)

HIEN M. 'DA:NGCOMM. #1674410 z

Notary PooRe· Carllomia ~Alameda County ~

Comm. Expires Jun.l2, rolO'

NUMBER OF PAGES ~UMENTDATE~~==========~---------

-(ADOmONAL INFORMATION) ..............-

T5S R11 W 36BA - 4800 Portion Partition Plat 2091-06,

R

PROP

2.2-\0

ROOS.OOA••

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Exhibit A: Parcel 2, Partition Plat 2001-06, in Tillamook CountyHatch (green): within NRSA boundarySlash (red): portion to be annexed

-----

"

T5S R11 W 36 - 1207 Portion Partition Plat 2001--06

136BA55

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Exhibit B: Parcel 3, Partition Plat 2001-06, In Tillamook County.Hatch (green): within NRSA boundarySlash (red): pOrtion to be annexed

Neskowin Regional Sanitary Authority

POBox 383, Neskowin, Oregon 97149 (503) 392-3404 (TTY 1-800-735-2900)

Resolution No. 2009-3

A Resolution of the Neskowin Regional Sanitary Authority Approving AnnexationOf Portions Of Parcels 2 and 3, Partition Plat 2001~6,Tillamook County Deed

Records, Into The Service District of the Neskowin Regional Sanitary Authority

WHEREAS, on April 23, 2009, NeskoWl!'lRegionarsariitary Authi:JfitY'rJ\lRS;ll,"")received a formal request from Seabreeze Associates, LP to annex portions of Parcels2 and 3 of Partition Plat 2001-06, Tillamook County Deed Records, into NeskoWinRegional Sanitary Authority District ("District") , as shown in Exhibits A and B("Property") ; and •

WHEREAS, in a meeting of the NRSA Board of Directors on April 29, 2009, the NRSABoard of Directors determined to support the request to add the Property to the District,for the reason that Parcel 2 is currently partially in the District and Parcel 3 is partiallywithin the District boundary and is zoned for residential use; and

WHEREAS, the Property is located WIthin the Neskowin Community Growth Boundary;and

WHEREAS, the owner of the Property is required to pay all costs associated WIth thedevelopment of the Property including but not limited to extension of lines, pumpstations, certain plant capacity improvements, easements and engineered plans (ifrequired) to be submitted to the Department of Environmental Quality and the engineerfor the District, at the then current rate.

THEREFORE IT IS RESOLVED:

Section 1. Annexing the portions of Parcels 2 and 3, Partition Plat 2001~6 notcurrently In the Neskowin Regional Sanitary Authority DistrictThe real property located in Tillamook County and described as Parcel 2 and Parcel 3,Partition Plat 2001-06, Tillamook County Deed Records ("Property"), as shown inExhibits A and B, attached hereto and incorporated herein by reference as if full setforth, is declared annexed into the Neskowin Regional sanitary Authc?rity District.

Section 2. Owner responsible for costs of development.Seabreeze Associates, LP, or the owner of the Property annexed by this resolution, willbe responsible for paying all costs associated with the development of the Property

"An Equal Opportunity Pravider"Tillamook County-LandofCheese, Trees and Ocean Breeze

Neskowin Regional Sanitary Authority

POBox 383, Neskowin, Oregon 97149 (503) 392-3404 (TTY 1-800-735-2900)

approved for annexation herein, includin9 but not limited to extension of lines, pumpstations, certain plant capacity improvements, easements and engineered plans (ifrequired) to be submitted to the Department of Environmental Quality and the engineerfor the District, at the then current rate.

Section 3. District boundaries amended.The boundaries of the Neskowin Regional Sanitary Authority District are herebyamel:ldedbYJf:le~jnclusiAn.pf,tIilePrgper;tY" ,a~ snoWTlip. the ,m~ps at,tached ,as Exhibits AandS. . '... ,. ,

SeCtion 4. Resolution to be recorded. A copy of this resolution shall be recorded inTillamook County Deed Records.

Passed and adopted this 23rd day of July, 2009.

Attest

~/~~~~Shel~Attached: Exhibit A

Exhibit B

"An Equo1 Oppornmtty Provider"TilIanwok County-Land ojCheese, Trees and Ocean Breeze

,.

Notice to Taxing DistrictsORS308.225

Neskowin Reg SanitaIy AuthBudget Officer

~~83OR91149

DOR 29·196·2009

~REGON~ DE~ARTMENT

"OF REVENUEGadastrallnformation Systems UnitPO Box 14380Salem, OR 97309-5075(503) 945-8297, fax 945-8737

IZIDescription IZI Map received from: NRSA-OFFICE MANAGEROn: 8/412009, 8/2512009, 9!22!2JJ09

This is to notify yon that your bonndary change in Tillamook County for

ANNEX TO NESKOWIN REGIONAL SANITARY AUTHORITY

RES. NO. 2009-3 (Fultz)

has been: IZI Approved 912312009oDisapproved

Notes:

Corrected Resolution 2009-3 and =ted maps need to be filed with the County Assessor priorto March 31, 2010.The CQIreCted documents should also be sent to the agencies that had previonsly received them.

Department ofRevenue File Number: 29-196-2009

Prepared by: Elise Bruch, 503-945-8344

Boundary: IZI Change 0 Proposed ChangeThe change is for:

oFonnation of anew districtIZI Annexation ofa te1ritory to a districtoWIthdrawal of a territory from a districtoDissolution of a districtoTransfero Merge

~TOBEA'f8!I&A'II!>

COPY-oFTHE 0BlGlNAL

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