MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, February 2, 2005 COUN'IYCOURTJOlJRNALPage 1

ITEM NO.2: PUBLIC COMMENTS - NON-AGENDA ITEMS: None.

GUESTS: John Gettman, Gus Meyer

CALL TO ORDER: By Chair Hurliman at 9:02 a.m. in the Commissioners' Meeting Room.

ITEM NO.1: WELCOME & REQUEST TO SIGN GUEST LIST: The Chair welcomedeveryone to the meeting.

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William K. Sargent, County Counsel TASSI O'NEILPaul Levesque, Management Analyst COUNTY CLERK

Charles 1. Hurliman, ChairpersonTim Josi, Vice ChairpersonMark Labhart, Commissioner

COMMISSIONERS PRESENT:

STAFF PRESENT:

ITEM NO.3: PRESENTATION ON TILLAMOOK COUNTY ECONOMICDEVELOPMENT COUNCIL: Ms. Vail provided a presentation of our local EconomicDevelopment Council. She introduced others in the audience connected with the Council. Shethanked the Board for attending the Business Conference last week. She gave a Power PointPresentation about the composition, function and accomplishments of the Council.

STAFF PRESENT FOR PORTIONS OF MEETING: Aaron Suko, Public Works Director;Tim Lutz, Assessment and Taxation Department Director; Lorrie McKibbin, Assessment andTaxation Department; Bill Campbell, Community Development Department Director; BillHolmstrom, Community Development; Del Schleichert, Parks Department Director

ITEM NO.4: CONSENT CALENDAR:Annual Liquor License Renewal Applications for: Libertv Market, Neskowin

Marketplace & Sandlake Grocery: Commissioner Josi read the agenda item and moved toapprove the Liquor License renewals, Commissioner Labhart seconded, passed with three ayevotes.

ITEM NO.6: CONSIDERATION OF ORDER REPEALING BOARD ORDER #92-113REGARDING ESTABLISHING WEIGHT LIMITS FOR A PORTION OF FISHERROAD IN THE COMMUNITY OF PACIFIC CITY: Mr. Suko described the function of theBoard Order in relation to last week's public hearing. Commissioner Josi summarized theoutcome of the hearing.

ITEM NO.5: CONSIDERATION OF ORDER CANCELING UNCOLLECTIBLETAXES, PURSUANT TO ORS 311.790: Mr. Lutz described why such an order is periodicallynecessary. He spoke highly of Ms. McKibbin's establishment and operation of a collectionprogram. Commissioner Labhart moved to sign Order #05-10 Commissioner Josi seconded,passed with three aye votes.

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MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, February 2,2005Page 2

1 Commissioner Josi moved to sign Order #05-11, Commissioner Labhart seconded, passed with2 three aye votes.3

4 ITEM NO.7: CONSIDERATION OF LEASE AGREEMENT WITH THE PORT OF5 TILLAMOOK BAY FOR OREGON WATER RESOURCES DEPARTMENT'S WATER6 MASTER OFFICE: Paul Levesque gave a history of the lease agreement. Commissioner7 Labhart moved to sign the lease, Commissioner Josi seconded, passed with three aye votes.8

9 ITEM NO.8: CONSIDERATION OF ORDER REAPPOINTING A MEMBER (MARLIN10 CLARK) TO THE TILLAMOOK COUNTY ROAD ADVISORY COMMITTEE: Mr.11 Suko described the function of the Road Advisory Committee and its staggered membership12 terms. Mr. Clark has served for many years and requests reappointment. Commissioner Josi13 commended Mr. Clark for his service.14

15 Commissioner Josi moved to reappoint Mr. Clark, Commissioner Labhart seconded, passed with16 three aye votes.17

18 Commissioner Labhart summarized the proposed work on the Trask River Road and the public19 involvement process. Mr. Suko said however, the agreement identified specific tasks. One task20 has already been completed on a shoulder where the public had been launching boats.21 Commissioner Josi asked for a write up in the Commissioners' Column. Mr. Suko said he will22 prepare something for the March 9th Column.23

24 ITEM NO.9: CONSIDERATION OF FACILITY GRANT #1230 AGREEMENT WITH25 THE OREGON STATE MARINE BOARD FOR NEHALEM BAY RAMP &26 MEMALOOSE POINT VAULT TOILET REPAIRS;27 ITEM NO. 10 CONSIDERATION OF FACILITY GRANT #1231 AGREEMENT WITH28 THE OREGON STATE MARINE BOARD FOR PACIFIC CITY RESTROOM29 UPGRADES;30 ITEM NO. 11: CONSIDERATION OF FACILITY GRANT #1232 AGREEMENT WITH31 THE OREGON STATE MARINE BOARD FOR PARKING IMPROVEMENTS AT SIX32 COUNTY SITES: Mr. Schleichert, Parks Director, summarized the three grants involving nine33 of the 22 boat launches. He described the improvements planned for each of the nine facilities in34 the three grant agreements. Commissioner Josi said he has been very pleased with Mr.35 Sch1eichert's performance.36

37 Commissioner Josi moved to approve agenda item numbers 9, 10, 11 (Facility Agreements38 numbers 1230, 1231 and 1232) for the Chair to sign, Commissioner Labhart seconded, passed39 with three aye votes.4041 Chair Hurliman said there was an opportunity for one more grant on the Pacific City turnaround.42

43 ITEM NO. 12: PUBLIC HEARING: CONSIDERATION OF ADOPTION OF44 ORDINANCE AMENDMENTS OA-04-02, OA-04-03, AND OA-04-04 ADOPTING THE45 TRANSPORTATION SYSTEM PLAN AND AMENDING THE TILLAMOOK COUNTY

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, February 2,2005Page 3

1 COMPREHENSIVE PLAN, LAND USE ORDINANCE, AND LAND DIVISION2 ORDINANCE: Chair Hurliman read the required legislative prerequisites. There was no3 challenge to county jurisdiction, conflicts of interest or personal biases.4

5 Mr. Campbell described the transportation planning process over the last two years. Mr.6 Holmstrom provided the Staff Report with more detail on the planning process. The first7 contractor did not complete the work. A new contractor, CH2M Hill completed the work. He8 described the technical and public reviews. The Planning Commission has done a lot of work on9 this as well. They received approval of the three ordinance amendments. He explained each

10 amendment. He also described changes in requirements for bicycle parking. Commissioner Josi11 said there was a tremendous amount of time spent on this. Mr. Campbell described the benefit of12 adopting these ordinances, including an increase in funding opportunities. He said the Hebo13 Transportation Plan was one of the prioritized project opportunities in this plan today. He14 described Oceanside/Netarts elements and benefits. Commissioner Josi summarized the15 construction projects it prioritizes.1617 Commissioner Labhart commented on the huge amount of detail. He pointed out a typo on18 Exhibit B. He also noted differences in definitions on various locations within the plan. Mr.19 Campbell described why there were differences. The Comprehensive Plan provided broader20 definitions. Chair Hurliman talked about diversity in the Planning Commission members and21 congratulated staff.2223 Chair Hurliman opened the hearing for public comment. There were no comments. Chair24 Hurliman closed the hearing for public comment.25

26 Commissioner Labhart said Pacific City voted unanimously to recommend approval. He said27 there was $36 million dollars proposed in OTIA funds between 2002 and 2007.28

29 Commissioner Labhart moved to Adopt Ordinance Amendments OA-04-02, OA-04-03, and OA-30 04-04 with the correction ofthe typo, Commissioner Josi seconded the motion; passed with three31 aye votes.3233 ITEM NO. 13: CONSIDERATION OF ORDER REAPPOINTING MEMBERS TO THE34 SOLID WASTE ADVISORY COMMITTEE (KATHLEEN RYAN, CLYDE ZELLER35 AND HOWARD HARRISON): Mr. Schwinck, Solid Waste Advisory Committee (SWAC)36 Coordinator, described the role of the Committee and asked that the three members be37 reappointed. Commissioner Labhart said he attended the last SWAC and was impressed.38 Commissioner Josi said they do a lot ofwork for the Board of Commissioners.39

40 Commissioner Josi made a motion to sign Order #05-13, Commissioner Labhart seconded,41 passed with three aye votes.42

43 ITEM NO. 14: CONSIDERATION OF ORDER APPOINTING A MEMBER (JULIE44 GUNDERSON) TO THE NORTHWEST OREGON HOUSING AUTHORITY:45 Commissioner Labhart said there was one application which the Commissioners approved on

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, February 2,2005Page 4

1 Monday. He moved to sign Order #05-14, Commissioner Josi seconded, passed with three aye2 votes.3

4 ITEM NO. 15: PUBLIC HEARING: AP-AP-V-04-04: AN APEAL OF THE PLANNING5 COMMISSION'S DECISION TO DENY AN APPEAL TO INCREASE THE ALLOWED6 HEIGHT FROM 17 FEET TO 20 FEET TO CONSTRUCT A SINGLE-FAMILY7 DWELLING. THE SUBJECT PROPERTY IS LOCATED ON EULAH REED ROAD IN8 THE COMMUNITY OF NEAH-KAH-NIE. THE PROPERTY IS ZONED NEAH-KAH-9 NIE URBAN RESIDENTIAL (NK-7.5) AND DESIGNATED AS TAX LOT 5900 OF

10 SECTION 20CB, TOWNSHIP 3 NORTH, RANGE 10 WEST OF THE WILLAMETTE11 MERIDIAN, TILLAMOOK COUNTY, OREGON. APPELLANTS, APPLICANTS AND12 PROPERTYOWNERS TOM & MOLLY CLAREY: Bill Sargent described why agenda item13 number 15 was cancelled. He said a Writ of Mandamus has been filed, which moves jurisdiction14 to Circuit Court. Ms. Sargent said this has been the only Writ in the last thirteen years. He15 described court case provisions. He said the hearing would be on March 4 at 1:00 p.m.16

17 UNSCHEDULED: CONSIDERATION OF ORDER REAPPOINTING JAN STEWART18 TO THE MENAL HEALTH COMMITTEE: Commissioner Josi moved to sign Order #05-19 15 Reappointing Jan Stewart to the Mental Health Committee, Commissioner Labhart seconded20 the motion, passed with three aye votes. Commissioner Josi said Ms. Stewart revitalized that21 group.22

23 ITEM NO. 16: BOARD CONCERNS - NON-AGENDA ITEMS & ANNOUNCEMENTS:24 Weyerhaeuser Harvests on Mt. St. Helens: Chair Hurliman reported on a news item this25 morning about Weyerhaeuser beginning harvests on Mt. St. Helens.2627 House Bill 2148 Law Suit: Commissioner Josi reported on Linn County joining the House Bill28 2148 lawsuit, making all 15 Trust Land Counties as plaintiffs. He described why this was29 important to have all 15 counties.30

31 Senate Bill 345 (Setting Aside Permanent Conservation Reserves): Commissioner Labhart32 summarized Senate Bill 345 setting aside permanent conservation reserves. He said the33 Governor supports the Forest Management Plan. Commissioner Josi said Senator Ringo was the34 sponsor. Chair Hurliman said Commissioner Josi spent a lot of time on Measure 34 and the35 Board also will on Senate Bill 345.36

37 Writ of Mandamus: Mr. Campbell said Community Development would send a notice to38 parties on the writ.3940 Amendment to Winstead Contract: Mr. Campbell wanted to move forward with the amended41 Winstead contract that he described to the Board on Monday. He once again described the42 rationale for the amendment. Commissioners Josi and Labhart said this should be on the agenda.43

44 ITEM NO. 17: PUBLIC COMMENTS: Mr. Gettman said he recalled the prior Writ of45 Mandamus.

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MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, February 2, 2005Page 5

Chair Hurliman adjourned the meeting at 10:37 a.m.

RESPECTFULLY submitted this l&!:!::: day of_~_·:.......;;;;.......,......... , 2005.

County Clerk: Tassi O'Neil

BOARD OF COMMISSIONERS'MEETING

Wednesday, February 2, 2005PLEASE PRINT CLEARLY

Name Mailing Address Item of Interest

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NOTICE OF MEETING AND AGENDAof 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, February 2, 2005, at 9:00 a.m.County Courthouse, Tillamook, OR

BOARD OF COMMISSIONERS

Charles Hurliman, Chair201 Laurel Avenue, Tillamook, OR 97141Phone: 503-842-3403 FAX 503-842-1384E-mail: churlima@co.tillamook.or.us

Tim Josi, Vice Chair201 Laurel Avenue, Tillamook, OR 97141Phone: 503-842-3403 FAX 503-842-1384

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

Mark Labhart, Commissioner201 Laurel Avenue, Tillamook, OR 97141

Phone: 503-842-3403 FAX 503-842-1384E-mail: mlabhart@co.tillamook.or.us

INDIVIDUALS WITH DISABILITIESMAY CALL BOARD SECRETARY AT503-842-3403 FOR INFORMATION ONAVAILABLE SERVICES & ACCESS

ANY QUESTIONS? CALLPaul Levesque @ 503-842-1809

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

CHECK THE COUNTY WEB SITE: http://www.co.tillamook.or.us.

NOTE: The Board of Commissioners reserves the right to recess to Executive Session as might berequired at anytime during this meeting, pursuant to ORS 192.660(1). NOTE: The meeting location is

handicapped accessible. If special accommodations are needed for persons with hearing, visual ormanual impairments who wish to participate in the meeting, please contact 842-3403 at least 24 hours

prior to the meeting in order that the appropriate communications assistance can be arranged.

CALL TO ORDER: Wednesday, February 2, 2005

BOARD OF COMMISSIONERS1. 9:00 a.m. Welcome & Request to Sign Guest List

2.

3.

Public Comment - Non-Agenda Items

Presentation on Tillamook County Economic Development Council/Christy Vail

CONSENT CALENDAR4. Annual Liquor License Renewal Applications for: Liberty Market, Neskowin Marketplace &

Sandlake Grocery

LEGISLATIVE - ADMINISTRATIVE5. Consideration of Order Canceling Uncollectible Taxes, Pursuant to ORS 311.790/Tim Lutz

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9:30a.m.

Consideration of Order Repealing Board Order #92-113 Regarding Establishing Weight Limits fora Portion of Fisher Road in the Community of Pacific CitylPat Oakes

Consideration of Lease Agreement with the Port of Tillamook Bay for Oregon Water ResourcesDepartment's Water Master OfficelPaul Levesque

Consideration of Order Reappointing a Member (Marlin Clark) to the Tillamook County RoadAdvisory Committee

Consideration of Facility Grant #1230 Agreement with the Oregon State Marine Board for NehalemBay Ramp & Memaloose Point Vault Toilet RepairslDel Sch1eichert

Consideration of Facility Grant #1231 Agreement with the Oregon State Marine Board for PacificCity Restroom UpgradeslDel Schleichert

Consideration of Facility Grant #1232 Agreement with the Oregon State Marine Board for ParkingImprovements at Six County SiteslDel Schleichert

Public Hearing: Consideration of Adoption of Ordinance Amendments OA-04-02, OA-04­03, and OA-04-04 Adopting the Transportation System Plan and Amending the TillamookCounty Comprehensive Plan, Land Use Ordinance, and Land Division OrdinancelBillHolmstrom

Consideration of Order Reappointing Members to the Solid Waste Advisory Committee (KathleenRyan, Clyde Zeller & Howard Harrison)

14.

15. 10:00 a.m.

16.

17.

Consideration of Order Appointing a Member (Julie Gunderson) to the Northwest Oregon HousingAuthority

Public Hearing: AP-AP-V-04-04: An Appeal of the Planning Commission's Decision to Deny anAppeal to Increase the Allowed Height from 17 Feet to 20 Feet to Construct a Single-FamilyDwelling. The Subject Property is Located on Beulah Reed Road in the Community ofNeah-kah­nie. The Property is Zoned Neah-kah-nie Urban Residential (NK- 7.5) and Designated as Tax Lot5900 of Section 20CB, Township 3 North, Range 10 West of the Willamette Meridian, TillamookCounty, Oregon. Appellants, Applicants and Property Owners Tom & Molly ClareylLynne Krueger

Board Concerns - Non-Agenda Items & Announcements.

Public Comments

ADJOURNMENT

At 8:30 a.m. on Wednesday, February 2, 2005, the Commissioners will be holding anExecutive Session, pursuant to ORS 192.660(1 )(i) for a performance evaluation. At8:00 a.m. on Wednesday, February 4, 2005, the Commissioners will be holding anExecutive Session, pursuant to ORS 192.660(1 )(a) for interviews. Both ExecutiveSessions will be held in the Commissioners' Meeting Room at the Tillamook CountyCourthouse, 201 Laurel Avenue, Tillamook and are not open to the public.

On Wednesday, February 16, the Commissioners will be holding their weekly BoardMeeting at the Neskowin Fire Hall on Highway 101 at the north end of the community ofNeskowin. The meeting will begin at 6:30 p.m.

The Tillamook County Courthouse will be closed on Monday, February 21, 2005, forPresidents' Day. All County offices in the Courthouse, as well as the State CircuitCourts will be closed.

TO: Tillamook County Board of Commissioners

FROM:Tim Lutz, Tax CollectorWilliam B. Porter, District Attorney

DATE: January 24, 2005

RE: Cancellation of taxes: Oregon Coin Company - Tax ID: 392724 P1522Steelastic West - Tax ID: 279727 P347

We have determined that the taxes on the above Personal Property accounts are whollyuncollectible. The Oregon Coin Company has not renewed their business license withthe Secretary of State's office since 1999 and their agent of record, attorney Scott Pratt,advises the business moved out of Oregon at that time.

Steelastic West, a subsidiary of NRM Steelastic, Inc., filed a Chapter 11 bankruptcy in1992. We received a tax distribution check in the amount of $135.66 in May of 2003which has been negotiated. County Counsel advises that further collections is highlyunlikely and recommends the Board of Commissioners cancel the remaining taxesowing.

Therefore, we request that the Board cancel the taxes on said accounts per ORS311.790.

RespectfuIly,

ctor

'JL';(~ /J.4 J 2005William B. Porter, District Attorney

Tillamook County Assessment and TaxationLand of Cheese, Trees, and Ocean Breeze 201 Laurel Avenue

Tillamook, OR 97141Assessment &Taxation: 503·842·3400

Fax: 503·842·2721www.co.tillamook.or.us

January 21, 2005

William Porter, District Attorney

I have determined that the 2002 taxes for Personal Property Tax Account ID: 392724 areuncollectible. Also, the 1991-1996 taxes for Personal Property Tax Account LD. 279727are uncollectible. These businesses no longer exist and all avenues of collection have beenpursued. County Counsel, William Sargent, agrees that these accounts are uncollectible.

I ask !your approval to request that the Tillamook County Board of Commissioners cancelthe outstanding taxes, interest and fees in the amount of $1783.48 pursuant to DRS311.790.

Thank you for your consideration.

Respectfully,

-Z~· o//-<t-Tim Lutz ! c::::rAssessorjTax Collector

TLjlm

TILLAMOOK COUNTY PARKS DEPARTMENT

GRANTS - OSMB

• Grant # 1230 Nehalem Landing:• Replace composition roofwith metal roofmg• Tile floor• Paint interior surfaces• Install entrance sign

• Grant # 123l(A) Pacific City Landing:• Replace composition roof with metal roofing• Replace gutters and Skylights• Replace metal doors with Chem-Profdoors and jambs and hardware• Replace hand dryers• Tile floor• Install entrance sign

• Grant #1231 (B) Memaloose Point Landing:• Replace Composition roof with metal roofing• Replace all light fixtures and conduit• Replace metal doors with Chem-Prof doors and jambs and hardware• Replace vents and screens• Install new larger chutes• Replace landscaping• Replace Fee Station• Paint interior surfaces• Install entrance sign

• Grant # 1232 Six Boat Landing: (Burton Boat Launch. Lake Lytle Boat launch. LittleNestucca Boat Launch. Parks Boat Launch. Sollie Smith Boat Launch. Steiner Boat Launch)

• Regrade parking lots and contour for drainage• Repair base structure as needed• Resurface all parking lots with a 2 inch minimum depth of % inch

rock• Compact with all gravel surfaces with a roller

01-31-05