MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' M~ETING Wednesday, September 24, 1986 Page 1

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1 ) MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' M~ETING Page 1 COMMISSIONERS PRESENT: Dean J. Kinkade, Chairman Gerald J. Creasy, Vice-Chairman and. Recording Secretary Gerald A. Woodward, Commissioner STAFF PRESENT: Fred Young, County Counsel; Karen Richards, Treasurer; Jon Oshel, Public Works Director; Sue Cameron, Health Administrator; Jim Stanford, Data Processing Director; Greg Hannon, Public Works Assistant Director; Paul Levesque, County Research Consultant, Al Duncan, Surveyor GUESTS PRESENT: Lyle Cox, Mr. and Mrs. Justin Moore ITEM NO.1: CALL TO ORDER: By Chairman Kinkade at 10:00 a.m. in the Justice Courtroom. UNSCHEDULED: REQUEST TO REDEEM PROPERTY ON COUNTY LAND SALE: Chairman Kinkade asked Lyle Cox if he was appearing to redeem his tax defaulted property and if he knew the county is not obligated to allow him to redeem it. Mr. Cox agreed. Mr. Young stated legally it would not be a redemption as the time limits for redemption had passed--he would be acting as a third party. The property is on this afternoon's land sale and Mr. Cox could bid for it. If the county sold it to him Mr. Cox would have to pay the back taxes, publication costs, plus other administrative costs. Ms. Becraft had prepared a figure for the Board. Chairman Kinkade said back taxes, interest, and advertising costs were $2, The addition of the $ administrative fee brought the total to $2, He asked Mr. Cox why the taxes hadn't been paid. Mr. Cox said there had been a divorce and admitted he was wrong in not providing the county with his current address. Mr. Young said the statue does allow the County to sell the property, if they feel the circumstances are just. Commissioner Creasy made a motion to go ahead, Commissioner Woodward seconded. Mr. Young said the only way the county could accept a personal check was for it to be accompanied by a letter of credit from his bank. After discussion Commissioner Creasy amended his motion that the money be here by 1:00 p.m. for parcel #60. The mo~ion was carried with three aye votes. Mr. Cox returned later in the morning with a certified check fulfilling the requirements to remove Parcel #60 from the land sale. UNSCHEDULED: MT. HEBO EMS REPEATER SITE: Chairman Kinkade referred to a memo from Lt. Dye regarding spending approximately

2 Page 2 $4,650 (1/4 o~ $18,603) to build a new building to house radio equipment including the Emergency Medical Services repeater. If the county did not pay its share of the new building it could have to pay a minimum of $200.00/month rent. Commissioner Creasy made a motion to proceed with the partnership arrangement for the building and financing with the State Highway Division, U.S. Customs, and U.S. Forest Service (funds to be budgeted next year), Commissioner Woodward seconded, passed with three aye votes. No documents were signed. UNSCHEDULED: ASSESSOR'S VEHICLE REQUEST: Commissioner Creasy asked to have a workshop on the Assessor's need for vehicles after Commissioner Woodward returns from vacation. Chairman Kinkade agreed. UNSCHEDULED: LIAISON REPORT: Commissioner Woodward reported he had attended an 0 & C meeting on Friday. Revenues are up because,of buyout on timber, mineral leasing under payment, and Gramm Rudman. We will be getting all of the sequestered money in our next check~ Mr. Young said the increase will be $70,000 more than we budgeted for this year and last year we got $330,000. This year we should get $410,000. Commissioner Woodward urged the Commissioners to work with the Forest Ser~ice and BLM as they are starting to work on their new ten-year management plans. He also said House Resolution 4213 needs to be watched carefully as the land exchange is going to go through this session in Congress. UNSCHEDULED: APPOINTMENT TO BOARD OF EQUALIZATION: Chairman Kinkade mentioned, for the record, that Frank Ryan had been appointed to the Board of Equalization as the lay person again. UNSCHEDULED: CHARLES SEELING vs. SHERIFF DAVID WILSON AND ~ILLAMOOK COUNTY: Mr. Young reported the county had received a tort claim for damages done to Mr. Charles Seeling who was shot by Fred Simmons when he escaped from Tillamook Work Camp. He claims the county was negligent in not warning him of Mr. Simmons' escape. The county will probably have to pay about $5,000 to get the matter resolved. UNSCHEDULED: IN-HOUSE NEWSLETTER: Mr. Young stated there has been a request to start an in-house newsletter. He s~ggested the Personnel Office be the place to receive information. There will be no cost the county because volunteers will prep~re the letter and distribute it. The newsletter would probably be monthly for employees.

3 Page 3 The Commissioners agreed. to try the idea. ITEM NO.3: DISCUSSION CONCERNING PROPOSED VACATION OF WEBB STREET IN PACIFIC CITY: Commissioner Woodward gave the history of past Board of Commissioners' denials of this request. Mr. and Mrs. Moore wanted to state their case to the Board, but they had not arrived. Commissioner Woodward said if the county vacated the portion requested it would be totally land locking a piece of property.. Mr. Oshel explained if the Moores wanted a formal decision they would have to file a petition, pay $ and go through a formal hearing process. Mr. Duncan said the statue provides two ways to vacate property. One is when the Board receives a petition and action must be taken either to approve or deny it or the Board can proceed' with a vacation of its own volition. Mr. Oshel recommended the county not start a vacation procedure unless something very unusual has happened such as survey errors, etc. He concurred with the Board's past decisions in this case. (-).. j UNSCHEDULED: REQUEST TO SIGN CONDOMINIUM PLAT: Mr. Duncan said he had received notice from a developer today that they want to file a plat today which is on its way. He had not seen the plat yet, but he would check to make sure it is o.k. Mr. Duncan was not sure statutorily if the Commissioners are required to sign a Condominium Plat. Chairman Kinkade said the Board will be in session most of the day for the land sale and the Board's consensus appeared to be if the plat was okayed by Mr. Duncan they would sign it. ITEM NO.4: PRORATING LICENSE FEES: Ms. Cameron said a restaurant owner requested to have his license fees prorated as he is taking over a restaurant in August. There is no provision in the Ordinance to prorate. Ms. Cameron stated she had checked with other counties and only one allows proration and that is in the last quarter of the year (October through December). She has not charged applicants in December because they have to pay for a full year beginning January 1. Commissioner Creasy asked how much the fees are. Ms. Cameron said they range from $125 to $200 depending on seating capacity. The average is $125 to $150. She recommended not going below $100 and explained in detail the extra inspections for new owners, the change in computer programming, and state requirements. She also said licenses are nontransferrable which is state law..

4 Wedn~sday, September 24, 1986 Page 4 It was agreed by general consensus that new owners be charged not less than $100 during the last quarter of the year. Mr. Young will prepare the order. ITEM 3: DISCUSSION CONCERNING PROPOSED VACATION OF WEBB STREET (CONTINUED): Mr. and Mrs. Moore had been waiting outside the courtroom for their agenda item. Mr. Moo~e pointed out on a map where the motel site is located. Mrs. Moore pointed three out three lots they purchased and want to combine with the motel site. She stated Webb street has never officially been open and asked that it be vacated to become part of the other two parcels. Mr. Moore said they have people interested in buying the site. They want to build a desirable motel and it is an excellent motel site. Mr. Oshel said the basic problem was there is one parcel which would be land locked if Webb Street was vacated. If Moores would be willing to provide him approximately 20 feet of land for access the county would probably be willing to vacate the road. Mr. Moore asked what legal access meant and stated the man does not have legal access now because the turnaround does not reach his property. Mr. Oshel explained he does have access. Mr. Moore asked what the difference would be if the advantages of a modern motel were available. Mr. Moore was advised to file for a vacation if he wanted it. action was necessary by the Board. ITEM NO.5: MISCELLANEOUS DATA PROCESSING MATTERS: Mr. Stanford proposed purchasing a 1955 model processor costing the county $16, The total cost is $20,000 but they allow $13,682 credit on the old. equipment. This would swap the payment of $1,100 per month to $800 per month. Mr. Young recommended local financing which would be at a lower rate. The county will be obligated for approximately $30,000. Commissioner Creasy made a motion, Commissioner Woodward 'seconded, passed with three aye votes. ITEM NO.6: FORESTRY'S PLAN FOR HERBICIDE APPLICATION ON UPPER KILCHIS: Commissioner Woodward made a motion to approve the application of herbicide on the Upper Kilchis, Chairman Kinkade seconded, passed with two aye votes, Commissioner Creasy voted no. ITEM NO.7: TIMBER SALE UPDATE: Mr. Berry said Fisher's Point has $53, worth of timber. He will start advertising on October 15 and November 26 will be the sale date. No

5 Page 5 ITEM NO.8: APPOINTMENT OF SHIRLEY JACOBSEN AS JUSTICE OF THE PEACE PRO-TEM: The order was for a 60 day period beginning September 28, Commissioner Creasy made a motion, Commissioner Woodward seconded on availability of funds, approved with three aye votes. The Commissioners signed Order ITEM NO.9: AGREEMENT WITH COWLITZ COUNTY WASHINGTON FOR JUVE NILE DETENTION: No retainer fee is required, cost is $33.50 per day, County Counsel had apprqved the contract. Commissioner Creasy made a motion to sign the contract per the agreement, Commissioner Woodward seconded, passed with three aye votes. o Commissioners signed the agreement. ITEM NO.2: WITHDRAWAL FROM PUBLIC LAND SALE PARCEL NOS. 43, 44, 45, 46, AND 47: Mr. Levesque said there was a problem with ownership with the parcels of property on the land sale on the Trask River, Parcels #43, 44, 45, 46 and 47. The county needs formal action from the Board of Forestry. He requested withdrawing the parcels from the sale and authorization, for himself, to make a formal request of transfer of title to Tillamook County. Commissioner Creasy made the motion, Commissioner Woodward seconded, passed with three aye votes. MISCELLANEOUS PUBLIC WORKS: Mr. Oshel was present. 1. Road Financing: Mr. Oshel reported he has been working for some weeks on a road financing package with A.O.C. 2. Solid Waste: Since the solid waste fee has been reduced from $12 to $9.00 how should the program be funded? Loss in income was $10,000 short. Now because of increase contract costs could become $40,000 to $50,000 short. Some funds from delinquent payments are available--$lo,ooo possible--may need rate adjustment next year. (Tape record resumes at this point) 3. Recycling Team: Mr. Oshel had received written resignations from from Jim Spindler and Deborah Brooker. He recommended accepting the resignations. There are no required number of positions on the team.

6 Page 6 Commissioner Greasy made the motion, Commissioner Woodward seconded to accept the resi~nations, passed with three aye votes. Mr. Oshel said the recommendation from the Recycle Team, which he agrees with, is if members don't show up for three weeks in a row that aren't excused they probably should be dropped. He will bring the cases to the Board's attention as the occasion warrants. 4. Rock Crusher: Mr. Oshel said he was not ready to come to the Board as the Contract Review Board, but would like to let them know he would like to obtain another rock crusher which would save several operations. He would not have to re-crush rock for winter sanding. It will save about $10,000 to $20,000 per year in labor costs. Purchasing a new generator and used crusher would cost about $50,000. Mr. Oshel said he is trying to find a generator which can also be used with the hot plant. Mr. Oshel said the existing generator will be put on the auction for $3,000 minimum bid this fall. It is about 30 years old. The county is now competitive in crushing rock. 5. Auction: Mr. Oshel said he wanted to have an auction this fall and estimated he has $10,000 to $20,000 worth of stuff. Other departments can sell at the same time. He will check with Lt. Dye. Chairman Kinkade recessed the meeting at 11:55 a.m., reconvened the meeting at 1:10 p.m. for the land sale, and adjourned the meeting at 2:10 p.m. RESPECTFULLY Submitted this ~ day of October, ecretary APPROVED BY: GAW