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COUNTYC.oURTJOURNAl

~DEC' - 8 2006

Tim Josi, Chair '3 ::;l0-Mark Labhart, Vice-Chair TASb1- '''O'NEILCharles J. Hurliman, CommissioRBUNTY CLERK

COMMISSIONERS PRESENT:

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, November 8, 2006

STAFF PRESENT: Paul Levesque, Management AnalystWilliam Sargent, County Counsel

STAFF PRESENT FOR PORTIONS OF MEETING: Kathy Schwinck, Solid Waste; LianeWelch, Director, Public Works; Tom Manning, Director, Emergency Management; BillCampbell, Director, Community Development and Lisa Phipps, Coastal Planner.

GUESTS: Tilda Jones, Stephanie Hurliman, Gus Meyer, Jerry Dove, Ed Armstrong KenO'Toole, William Hiatt and Carol Marie Leuthold.

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

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

ITEM NO.2: PUBLIC COMMENTS • NON-AGENDA ITEMS: There were no publiccomments at this time.

UNSCHEDULED ITEM: Mr. Manning gave a situation report on the recent flooding. Mostrivers are receding. Wilson is below flood stage. Hwy 53 is closed due to a sink hole. Hwy6 is open only to emergency vehicles. Hwy 101 is open. The Red Cross Shelter is down toeleven (11) people from sixty (60) on Monday night. The Red Cross is helping those withlosses. The Governor made a State Declaration. The business area has beenphotographed. They had good support with volunteers. Chair Josi asked for a list in orderto send thank you letters. They are moving out of search and rescue to the recoveryphase. Preliminary Damage Assessment forms are going out to the departments. Oncethe State reviews the Individual Damage Assessments they may seek a PresidentialDeclaration. There may not be much help for people who do not have flood insurance. Hedescribed the process for a Presidential Declaration.

The Coast Guard rescued forty-seven (47) people and a number of animals. He talkedabout some of the damages in the business district. The Wilson River RV Park wasdestroyed. It was almost like a flash flood. He described rescue efforts. He said twentyseven (27) evacuees were from that location. Vice-Chair Labhart described the railroaddamages. There was twenty-six (26") inches of rain in five (5) days at Lee's Camp, thirteen(13") inches in one day, the highest in Oregon history. In answer to CommissionerHurliman's question, Mr. Manning described the reimbursement process for damage duringthe response phase. He talked about the propane tank that broke loose.


Ms. Jones talked about the Dougherty Slough structure that has a hole in it. There areanimals stranded on Tone Road that are being rescued by the US Humane Society. Therewas one (1) tide gate breach on Kilchis. Mr. Manning talked about the water release onTrask Damn and a log jam at the railroad bridge. Ms. Jones said water was to the desktops in Rosenberg's. She talked about efforts by Leo Kuntz on Tuesday morning. Shewas concerned that the Sheriff was out of town and the Undersheriff is inexperienced. Shesaid people north of town are upset about this. Vice-Chair Labhart said he had beentalking to the Sheriff regularly by cell phone and Lt. Huntsman had a handle on this. Hesaid the absence of the Sheriff did not affect the overall effort. Chair Josi said thatcomment was not appropriate and he felt that things were handled well. TheCommissioners thanked Mr. Manning.

ITEM NO.3: PRESENTATION ON GLOBAL WARMING: This item has beenrescheduled to December 6, 2006.

ITEM NO.4: PRESENTATION SMART PROGRAM: Vice-Chair Labhart said he used tobe on the SMART Board. He introduced Stephanie Hurliman and Ed Armstrong. Ms.Hurliman showed a short video on the SMART program. She said they are looking forvolunteers throughout the County. She talked about the importance of one-on-onereading. She described the volunteer needs. Mr. Armstrong said how valuable this wasfrom the school perspective, including a drug use deterrent. They will also have a SMARTprogram at the YMCA. One (1) out of four (4) third (3rd

) graders are not at the readingbench mark level in Oregon. She discussed the fund raising program and provided contactinformation. Eighty-four (84%) percent ofthe budget goes to the program. Mr. Armstrongthanked the Commissioners.

ITEM NO.5: DRAWING FOR A GIFT CERTIFICATE FROM A LOCAL BUSINESS FORTHE UNITED WAY CAMPAIGN: Vice-Chair Labhart invited Lisa Phipps to conduct thedraWing who drew Rita Disbrow. Ms. Phipps said they have extended the campaignthrough the end of November.

ITEM NO.6: BOARD OF COMMISSIONERS' MEETING MINUTES FOR OCTOBER 9,2006: Commissioner Hurliman made a motion to approve and sign the meeting Minutesfor October 9,2006. The motion was seconded by Vice-Chair Labhart. The motion carriedwith three (3) aye votes. The Commissioners signed the Minutes.

ITEM NO.7: CONSIDERATION OF A RESOLUTION PROCLAIMING NOVEMBER 17 TO23 AS "NATIONAL FARM-CITY WEEK": Ms. Leuthold said she was representing theTillamook County Farm Bureau. On the 17th there will be a luncheon at the Old MillMarina. She gave a history of the Farm/City Council beginning in 1955. It was founded aspart of the Kiwanis and the desire to promote the image of agriculture for the City peoplemaking agriculture policy. Chair Josi read the Resolution.


Vice-Chair Labhart made a motion to proclaim November 17 to 23 as "National Farm-CityWeek" in Tillamook County. The motion was seconded by Commissioner Hurliman. Themotion carried with three (3) aye votes. The Commissioners signed Resolution #06-20.

Ms. Leuthold thanked the Commissioners.

TAKEN OUT OF ORDER ITEM NO. 14: CONSIDERATION OF AN ACCEPTANCEORDER FOR A DEDICATION OF PUBLIC RIGHT OF WAY FROM STIMSON LUMBERCOMPANY IN THE VICINITY OF BLAINE ROAD RELATED TO THE BLAINE 2 ROADPROJECT: Ms. Welch said this is nine (9) out of ten (10) for the Blaine Road Project.

A motion was made by Commissioner Hurliman to approve and sign the acceptance Orderfor a dedication of pUblic right-of-way from Stimson Lumber Company in the vicinity ofBlaine Road related to the Blaine 2 Road Project. Vice-Chair Labhart seconded themotion. The motion carried with three (3) aye votes. The Commissioners signed Order#06-121.

UNSCHEDULED ITEM: Ms. Welch said they were under a sixty (60) day extension forrenewing the Nestucca Valley Franchise Agreement. This will allow more time (sixty [60]days additional) for Liane to understand the changes.

Commissioner Hurliman made a motion to approve and sign a second sixty (60) dayextension of the Solid Waste Disposal Site Franchise for the operation of the Pacific CityTransfer Station. The motion was seconded by Vice-Chair Labhart.

Ms. Schwinck said the Franchiser had hoped to roll this over quickly but Ms. Welch neededthe time to fully understand the Franchises. Theywill be meeting with the Franchiser laterthis month. Vice-Chair Labhart supports the extension.

The motion carried with three (3) aye votes. The Commissioners signed Order #06-122(SWSD Order #06-14).

Ms. Welch gave an update on the flood fight. She thanked her department employees.They are doing a damage assessment. Mr. Oakes is in a Coast Guard chopper. TheCommissioners thanked her and the crews.


ITEM NO.8: CONSIDERATION OF TITLE III AGREEMENT WITH TILLAMOOKSCHOOL DISTRICT #9. ACTING FOR ITSELF AND AS FISCAL AGENT FOR NEAHKAH-NIE SCHOOL DISTRICT #56 AND NESTUCCA SCHOOL DISTRICT #101 FORFOREST RELATED EDUCATIONAL ACTIVITIES and ITEM NO.9: CONSIDERATIONOF TITLE III AGREEMENT WITH TILLAMOOK SCHOOL DISTRICT #9. ACTING FORITSELF AND AS FISCAL AGENT FOR NESTUCCA AND NEAH-KAH-NIE SCHOOLDISTRICTS FOR FOREST-RELATED EDUCATION DURING 2006 OUTDOOR SCHOOLand ITEM NO. 10: CONSIDERATION OF TITLE III AGREEMENT WITH OSUEXTENSION SERVICE 4-H FORESTRY PROGRAM FOR FOREST-RELATEDEDUCATION: Mr. Levesque summarized all three (3) programs under the Agreementsand the amounts.

A motion was made by Commissioner Hurliman to approve and sign the Title IIIAgreements with Tillamook School District #9 in the amount of Ninety Thousand ($90,000)Dollars for the after and summer school programs, with Tillamook School District #9 in theamount of Seventeen Thousand Five Hundred ($17,500) Dollars for the outdoor schoolprogram and with OSU Extension Service 4-H forestry program in the amount of Fifty-OneThousand Five Hundred Seventy-One ($51,571) Dollars. The motion was seconded byVice-Chair Labhart. The motion carried with three (3) aye votes. The Commissionerssigned the Agreements.

ITEM NO. 11: CONSIDERATION OF AN INTER-COUNTY MUTUAL AIDAGREEMENT/ONMIBUS AGREEMENT WITH POLK AND WASHINGTON COUNTIESTO PROVIDE EMERGENCY ASSISTANCE TO EACH OTHER DURING TIMES OFEMERGENCY: Chair Josi read excerpts that described the functions that will be providedunder this Agreement.

Vice-Chair Labhart made a motion to approve and sign the Inter-County Mutual AidAgreement/Omnibus Agreement with Polk and Washington Counties to provide emergencyassistance to each other during times of emergency. Commissioner Hurliman secondedthe motion. The motion carried with three (3) aye votes. The Commissioners signed theAgreement.

ITEM NO. 12: CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENTWITH PIONEER VETERINARY HOSPITAL TO PROVIDE VETERINARY SERVICES FORTHE COUNTY'S DOG CONTROL PROGRAM: Mr. Levesque said this is an annualrenewal.

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, November 8, 2006PageS

A motion was made by Vice-Chair Labhart to approve and sign the Professional ServicesAgreement with Pioneer Veterinary Hospital to provide veterinary services forthe County'sdog control program. The motion was seconded by Commissioner Hurliman. The motioncarried with three (3) aye votes. The Commissioners signed the Professional ServicesAgreement.

ITEM NO. 13: CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENTWITH COGAN OWENS COGAN, LLC FOR PROFESSIONAL LAND USE CONSULTINGSERVICES: Mr. Campbell said the signed copies have not been returned yet.

Commissioner Hurliman made a motion to approve and sign the Professional ServicesAgreement with Cogan Owens Cogan, LLC for professional land use consulting servicesupon its return from Portland. Vice-Chair Labhart seconded the motion. The motioncarried with three (3) aye votes.

ITEM NO. 15: CONSIDERATION OF A PROFESSIONAL CONSULTING SERVICESENGAGEMENT LETTER WITH SOLBERG/ADAMS, LLC TO CONDUCTTELECOMMUNICATIONS COST AUDITS: This item will be rescheduled at a later time toallow for collection of more information.

ITEM NO. 16: CONSIDERATION OF A PERSONAL SERVICES AGREEMENT WITHBARBARA WOEHLE FOR COACHING AND FACILITATION SERVICES FOR THEDISSEMINATION MODEL FOR COMMUNITY·BASED INFRASTRUCTURES: Ms.Putman said this is a Federal grant to implement school based programs and develop adata base. It is designed to improve school behavior and educate parents. It is a FourThousand ($4,000) Dollar contract.

A motion was made by Commissioner Hurliman to approve and sign the Personal ServicesAgreement with Barbara Woehle for coaching and facilitation services for the disseminationmodel for community-based infrastructures. Vice-Chair Labhart seconded the motion. Themotion carried with three (3) aye votes. The Commissioners signed the Personal ServicesAgreement.

ITEM NO. 17: CONSIDERATION OF A PERSONAL SERVICES AGREEMENT WITHCASA OF TILLAMOOK COUNTY. INC. FOR VOLUNTEER RECRUITMENT ANDTRAINING: Ms. Putman said the Commission on Children and Families funds the Courtadvocacy program when children are placed in care. It is for Fifteen Thousand ($15,000)Dollars.


Commissioner Hurliman made a motion to approve and sign the Personal ServicesAgreement with CASA of Tillamook County, Inc. for volunteer recruitment and training.The motion was seconded by Vice-Chair Labhart. The motion carried with three (3) ayevotes. The Commissioners signed the Personal Service Agreement.

ITEM NO. 18: CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENTWITH NANCY EMERSON TO PROVIDE CONSULTING SERVICES ON HRSA GRANTAPPLICATION: Chair Josi said Nancy is an expert on this and we are pleased to have herat Twenty-Five ($25) Dollars per hour not to exceed fifty (50) hours.

A motion was made by Vice-Chair Labhart to approve and sign the Professional ServicesAgreement with Nancy Emerson to provide consulting services on the HRSA grantapplication. Commissioner Hurliman seconded the motion. The motion carried with three(3) aye votes. The Commissioners signed the Professional Services Agreement.

ITEM NO. 19: CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITHBAY OCEAN MEDICAL FOR PROVISION OF HOSPITAL SERVICES FOR TILLAMOOKCOUNTY HEALTH DEPARTMENT PATIENTS: Chair Josi said this is a renewal forhospital admits on Health Department patients.

Commissioner Hurliman made a motion to approve and sign the Professional ServicesAgreement with Bay Ocean Medical for provision of hospital services for Tillamook CountyHealth Department patients. The motion was seconded by Vice-Chair Labhart. Themotion carried with three (3) aye votes. The Commissioners signed the ProfessionalServices Agreement.

ITEM NO. 20: PUBLIC HEARING CONCERNING A ROAD NAMING REQUEST (RNR·06·01) TO NAME A PRIVATE EXISTING UN·NAMED ROAD TO BE NAMED KNOLLTERRACE IN SOUTH BEACH, NESKOWIN: Ms. Phipps said this is a straight forwardrequest by the majority of land owners on this road. Ordinance #32 governs this request.The road currently does not have a name. Both the Fire District and 911 said there are noconflicting names. The Fire District was pleased that naming is taking place. Shereviewed the naming criteria from the Ordinance as it applied to this road.

Chair Josi opened the Public Hearing. There were no comments. Chair Josi closed thePublic Hearing.

ITEM NO. 21 : CONSIDERATION OF AN ORDER IN THE MATIER OF ROAD NAMING(RNR·06·01) ALLOWING AN UNNAMNED PRIVATE ROADWAY TO BE NAMED KNOLLTERRACE IN SOUTH BEACH, NESKOWIN: Commissioner Hurliman said she wentthrough all the steps and thanked Ms. Phipps.


Commissioner Hurliman made a motion to approve and sign the Order in the matter ofroad naming (RNR-06-01) allowing an un-named private roadway to be named KnollTerrace in South Beach, Neskowin. The motion was seconded by Vice-Chair Labhart.

Vice-Chair Labhart complimented Ms. Phipps' work.

The motion carried with three (3) aye votes. The Commissioners signed Order#RNR-0601.

ITEM NO. 22: PUBLIC HEARING CONCERNING MEASURE 37 CLAIM (M-06-02l FORTAX LOT 600, SECTION 36, TOWNSHIP 5 SOUTH, RANGE 11 WEST W.M.,TILLAMOOK COUNTY, WILLIAM A. HIATI, TRUSTEE: Mr. Holstrom said this is a one(1) acre property in the forest zone. The owner wants to build a single family residence,home occupation and out building. He said it is possible the applicant could meet thetemplate test but was told that he could not. There was a discussion about whetherMeasure 37 would apply if the applicant would wait for the template test and then bedenied. Mr. Campbell said the matter is undecided in a Court challenge. Vice-ChairLabhart said the only matter before us is the Measure 37 claim to waive the requirementsof the forest zone that includes the template test.

Chair Josi opened the Public Hearing.

Mr. William A. Hiatt was present. They have owned the property since 1981. He said theState has indicated in the State claim that the claim is valid.

Chair Josi closed the Public Hearing.

A motion was made by Vice-Chair Labhart to approve the Measure 37 claim M-06-02,including the disclaimers that Vice-Chair Labhart read. The motion was seconded byCommissioner Hurliman. The motion carried with three (3) aye votes.

Mr. Campbell said this is the thirteenth (13th) claim. There are about that many more.

ITEM NO. 23: BOARD CONCERNS - NON·AGENDA ITEMS & ANNOUNCEMENTS:There were none today.

ITEM NO. 24: PUBLIC COMMENTS: Mr. O'Toole asked what the Board will be doingabout the grandstand. Chair Josi thought there will be a workshop with the Fair Board andManager. He was shocked that it did not pass. Vice-Chair Labhart said he talked withsome of the Fair Board members last night and agreed that a workshop was in order.Commissioner Hurliman agreed. Chair Josi asked Vice-Chair Labhart to facilitate ameeting.


Chair Josi read the announcements.

There being no further business Chair Josi adjourned the meeting at 10:52 a.m.

RESPECTFULLY submitted this 7 tL day of $).... ~ ,2006.

County Clerk: Tassi O'Neil

"., - .... :r ~U' I~Susan Becraft, Recording ~ecretary

&Special Deputy

APPROVED BY:

~Cbk~cJ)..jVie-Chair

NOTICE OF MEETING AND AGENDAof the

TILLAMOOK COUNTY BOARD OF COMMISSIONERS,Also sitting as the Board of the

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

To Be Held

Wednesday, November 8, 2006, at 9:00 a.m.

County Courthouse, 201 Laurel AvenueTillamook, OR

BOARD OF COMMISSIONERS

Tim Josi. Chairperson201 Laurel Avenue, Tillamook, OR 97141Phone: 503-842-3403 FAX 503-842-1384

E-mail: [email protected]

Mark Labhart, Vice Chairperson201 Laurel Avenue, Tillamook, OR 97141Phone: 503-842-3403 FAX 503-842-1384E-mail: [email protected]

Charles Hurliman, Commissioner201 Laurel Avenue, Tillamook, OR 97141Phone: 503-842-3403 FAX 503-842-1384

E-mail: [email protected]

INDIVIDUALS WITH DISABILITIES MAY CALL THE BOARD SECRETARY AT 503-842-3403 FORINFORMATION ON AVAILABLE SERVICES & ACCESS.

ANY QUESTIONS? Contact Paul Levesque @ 503-842-1809 or email: [email protected]

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

WATCH THIS MEETING ON TV: TLCTV Channel 35

Friday - 7:00 p.m.Monday - 1:00 p.m.Thursday - 1:00 p.m.

Saturday - 9:00 a.m.Tuesday - 7:00 p.m.

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

NOTE: The Board of Commissioners reserves the right to recess to Executive Session as may bereqUired at 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 toparticipate in the meeting, please contact (503) 842-3403 at least 24 hours prior to the meeting sothat the appropriate communications assistance can be arranged.

CALL TO ORDER: Wednesday, October 25, 2006

BOARD OF COMMISSIONERS

9:00 a.m.

1. Welcome & Request to Sign Guest List

2. Public Comment - Non-Agenda Items

3. Presentation on Global Warming/Roger Hamilton

4. Presentation on SMART Program/Stephanie Hurliman

5. Drawing for a Gift Certificate from a Local Business for the United Way Campaign/MarkLabhart

CONSENT CALENDAR

6. Board of Commissioners' Meeting Minutes for October 9, 2006

LEGISLATIVE - ADMINISTRATIVE

7. Consideration of a Resolution Proclaiming November 17 to 23,2006 as "National Farm-CityWeek''lCarol Leuthold

8. Consideration of Title III Agreement with Tillamook School District #9, Acting for Itself and asFiscal Agent for Neah-Kah-Nie School District #56 and Nestucca School District #101 forForest Related Educational Activities/Paul Levesque

9. Consideration of Title III Agreement with Tillamook School District #9, Acting for Itself and asFiscal Agent for Nestucca and Neah-Kah-Nie School Districts for Forest-Related Educationduring 2006 Outdoor School/Paul Levesque

10. Consideration of Title III Agreement with OSU Extension Service 4-H Forestry Program forForest-Related Education/Paul Levesque

11. Consideration of an Inter-County Mutual Aid AgreemenUOmnibus Agreement with Polk andWashington Counties to Provide Emergency Assistance to Each Other During Times ofEmergencylTom Manning

12. Consideration of a Professional Services Agreement with Pioneer Veterinary Hospital toProvide Veterinary Services for the County's Dog Control Program/Paul Levesque

13. Consideration of a Professional Services Agreement with Cogan Owens Cogan, LLC forProfessional Land Use Consulting Services/Bill Campbell

14. Consideration of an Acceptance Order for a Dedication of Public Right of Way from StimsonLumber Company in the Vicinity of Blaine Road Related to the Blaine 2 Road ProjecUPatOakes

15. Consideration of a Professional Consulting Services Engagement Letter with Solberg/Adams,LLC to Conduct Telecommunications Cost Audits/Craig Schwinck

16. Consideration of a Personal Services Agreement with Barbara Woehle for Coaching andFacilitation Services for the Dissemination Model for Community-Based Infrastructures/Marlene Putman

17. Consideration of a Personal Services Agreement with CASA of Tillamook County, Inc. forVolunteer Recruitment and Training/Marlene Putman

18. Consideration of a Professional Services Agreement with Nancy Emerson to ProvideConsulting Services on HRSA Grant ApplicationlTim Josi

19. Consideration of Professional Services Agreement with Bay Ocean Medical for Provision ofHospital Services for Tillamook County Health Department PatientslTim Josi

9:3020. Public Hearing Concerning a Road Naming Request (RNR-06-01) to Name a Private Existing

Un-named Road to be Named Knoll Terrace in South Beach, Neskowin/Lisa Phipps

21. Consideration of an Order in the Matter of Road Naming (RNR-06-01) Allowing an UnnamedPrivate Roadway to be Named Knoll Terrace in South Beach, Neskowin/Lisa Phipps

10:0022. Public Hearing Concerning Measure 37 Claim (M-06-02) for Tax lot 600, Section 36,

Township 5 South, Range 11 West WM., Tillamook County, William A. Hiatt, Trustee/BillHolmstrom

23. Board Concerns - Non-Agenda Items & Announcements

24. Public Comments

ADJOURNMENT

Veteran's Day is an observed holiday for the County, as well as the Oregon State Circuit Court. All theoffices in the Courthouse and the Administrative Section of the Justice Facility (Sheriff's Office and Parole& Probation offices) will be CLOSED on Friday. November 10.2006.

There will NOT be any Commissioners' meetings the week of November 13-17.2006. TheCommissioners will be attending the annual Association of Oregon Counties Conference in Eugene.In addition, the Commissioners' Office will be closed on Thursday. November 16 and Friday. November17.2006 when the Commissioners' Office support staff attend the Association of Oregon Counties AnnualSupport Staff Meeting in Eugene.

The Commissioners will hold a Workshop on Monday. November 20. 2006 at 1:30 p.m. with members ofthe Tillamook Bay Habitat and Estuary Improvement District (TBHEID) to discuss repairs that need to bemade on Dougherty Slough. The workshop will be held in the Commissioners' Meeting Room B in theTillamook County Courthouse, 201 Laurel Avenue, Tillamook.

The Commissioners' evening meeting schedule is as follows:November 1, 2006 White Clover Grange in MohlerJanuary 17, 2007 South County'February 14 Central County'March 14 North County'April 18 South County'May 16 Central County'

'Meeting locations to be determined. All evening meetings start at 6:30 p.m. There will be no eveningmeetings in October and December.

BOARD OF COMMISSIONERS'MEETING 8

VVednesday,Novernb~2006

PLEASE PRINTName Address Item ofInterest

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Tillamook County

DEPARTMENT OF COMMUNITY DEVELOPMENTBUILDING, PLANNING & ON-SITE SANITATION SECTIONS

Land a/Cheese, lrees and Ocean Breeze

November 3, 2006

Matt Hastie, PrincipalCogan Owens Cogan, LLC813 SW Alder Street, Ste. 320Portland, OR 97205-3111

201 Laurel AvenueTillamook, Oregon 97141

Building (503) 842-3407Pianning (503) 842-3408

On-Site Sanitation (503) 842-3409FAX (503) 842-1819

Toll Free 1 (800) 488-8280

Re: North Tillamook County Buildable Lands Inventory, Needs Assessment andEconomic Opportunities Analysis, Notice of Award

Dear Mr. Hastie:

The Tillamook County Board of Commissioners affIrmed our recommendation for theselection of Cogan Owens Cogan as the professional services company to assist thedepartment and the cities of Manzanita, Nehalem and Wheeler together with theunincorporated communities ofMohler and Neahkahnie in the Buildable LandsInventory, Needs Assessment and Economic Opportunities Analysis.

Attached please fmd two Professional Service Agreements for your signature, pleasereturn them to me for presentation to the Board of Commissioners for signature nextWednesday, November 8, 2006. The Board will be in attendance at the annual AOCconference the following week which would delay the contract approval until the end ofthis month.

In our conversation on Monday we had discussed tentative dates for the initial meetingwith the project management team and Citizen Advisory Conunittee to review and agreeupon the full scope ofwork with input from the respective community members.

The first week in December, or the last week in November may be the opportune time.November 30th would be the earliest and in the interest of saving time we could meetwith the project management team (county, city, and state staff) in the mid-morning, orearly afternoon and then meet with the advisory committee in the mid to late afternoon.Please advise me of your preference regarding dates, and we will provide the initialnotice to the committee members. Suffice to say the communities we will be workingwith are quite excited about the proj ect and are anxious to get started, we are compiling

AN EQUAL OPPORTUNITY EMPLOYER

all materials we believe you will need, comprehensive plans, zoning ordinances, urbanarea management agreements, special district agreement and related documents.

Should you have any questions please contact me at 503/842-3408. I will be out of theoffice from November 10th through the 14th

. We look forward to working with you andCogan Owens again.

Sincerely,

Bill Campbell, DirectorDepartment of Community Development

Cc: Board ofCommissionersJerry Taylor, ManzanitaMichael Nitzsche, NehalemDoug Hooper, WheelerLaren Woolley, DLCDMary McArthur, NOEA

•

Tillamook CountyDEPARTMENT OF COMMUNITY DEVELOPMENT

BUILDING, PLANNING & ON-SITE SANITATION SECTIONS

Lond a/Cbeese, T!'ee,' Ond O(;eon Breeze

ROAD RENAME RNR-06-01STAFF REPORT


BUilding (503) 842-3407Planning (503) 842-3408

On-Site Sanitation (503) 842-3409FAA (503) 842-1819

Toll Free 1 (800) 488-8280

Staff Report Date: November 2, 2006 (~

Report Prepared by: Lisa Phipps, CFM, Coastal Resource Planne~

I. GENERAL INFORMATION

Request:

Legal Description:

Proposed Road Name:

Applicant:

TIle applicant is seeking .approval for the naming of an existing privateroadway. The roadway is accessed from Nescove Drive. This request will bereviewed against Tillamook County Ordinance Number 37.

The naming of an unnamed roadway accessed from Nescove Drive andlocated in Township 5 South, Range 11 West, Section 36, W.M. abutting thefollowing Tax Lots: 100,201,202,203,204,206,207,208,209,210,211,214,221,222, and 3300.

Knoll Terrace

Hiatt Family Trust, 755 SW Cheltenham Street, Portland, Oregon 97239

II. APPLICABLE ORDINANCE AND COMPREHENSIVE PLAN PROVISIONS:•

A. Tillamook County Ordinance No.3 7: Naming and Renaming Roads.

III. ANALYSIS:

A. Tillamook County Ordinance Number 37: The procedures set fOrtll are for the purpose ofestablishing a uniform policy in Tillamook County for the naming and renaming of roads, publicparks, and pnblic improvements. It is intended that this policy will clarify and set therequirements and responsibilities of individuals, public bodies, and departments involved in thenaming and renaming of roads, parks, and public improvements.

1. Section 4 Required Reviews and Action for Naming and Renaming Roads, Parks andPublic Improvements. "The Board of County Commissioners shall review and takeappropriate action on all Road, park andpublic improvement naming and renaming. "

A) Subsection A "Any existing public road, park, and public Improvement is named or

renamed. II

Road Name/Rename RNR-06-01 AN EQUAL OPPORTUNI7Y EMPLOYERPage 1

Findings: The existing roadway serves or is adjacent to the above-referenced tax lots.The purpose of the road naming of easements and roadways is to promote the health,safety, and welfare of all occupants. The applicant owns a majority of the adjacent lots.The private roadway is currently unnamed. Verbal comments received from Mary LouFletcher, Nestucca Rural Fire District, indicate no objections from the rural fire clistriQl.·In addition, she stated that the fire district hopes that all streets in their jurisdiction~6named at some point. (October 31, 2006)

Conclusion: Staff finds eviaence that the health, safety and welfare of the public will befacilitated through the naming of this street as more lots are developed.

2. Section 5 Application.

A) Subsection A: "An application to name or rename a road, park, or publicimprovement shall be submitted to the Tillamook County Department of CommunityDevelopment and shall include all required inforfrJi:dion:'"

Findings: The applicant has submitted all required information.

B) Subsection B: Identifies the entities that are allowed to apply for a road name or rename.

Findings: .A property ownetmay apply for a road name or re-name. The applicant is aproperty owner along the existing unnamed private road.

C) Subsection C "No duplication with another existing road, park, or publicimprovement name., No similar sounding or confUsing names;.' and. shall· generallyinclude general direction, and be labeled appropriately considering the length of theroad(i.e. street ottiVenuefilrlonger streets, place, court, and wayfor shorter streets). "

Findin~: The applicaJ1t is proposing to name of the road-way to Knoll Terrace. As ofOctobe'r31,:2006, the prbposednam~isnotia,4uplicateofan'eJ(isting r()ad name.

Verbal conversation with Lisa McKibbin (Tillamook County EmergencyCommunications District, 10/31/06) confirms no similar road names exist. Responsefrom the Neskowin Rural Fire District indicates no concern with .new name. No otheragency or public comments were received.

The suffix is appropriate given the topography of the road.. Although not specificallydrawn mIt in the ordinahce,"Tetnice" is generally used for roads of this nature. The roadname is appropriate considering the overall length.

Conclusion: The request satisfies the criteria used to name roads.

IV. CONCLUSIONS:

Staff concludes that the applicant has satisfied all applicable review criteria, and can meet all applicableordinance requirements at the time of application for the naming of the existing road.

Road Name/Rename RNR-06-01 Page 2

V. EXHIBITS:

All Exhibits referenced herein are, by this reference, made apart hereof:

A. Assessor's MapB. Applicant's submittal

Road Name/Rename RNR-06-D1Page 3

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DEPARTMENT OF COMMUNITY DEVELOPMENTBUILDING, PLANNING & ON-SiTE SANITATION SECTIONS

201 Laurel Avenue

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1 3"006 Planning (~03) 842-34D8

JUL L On-Site Sanitation (503) 842-3409FAX (503) 842-1819

Toll Free 1 (800) 488-8280COMMUNITYDEVELOPMENT

Al'PLICATlON TO NAME OR RENAME ROAD, PARK & PUBLIC IMPROVEJ\1ENT

Tillamook county

Name ofApplicant -rfMl. WATT 1?;Ctu41l-'1 ,/UX;;;(

MailingAddress '75'5 SW C,Id-Ifl.:TIl-,IJJ44#1 -6T: PhoneeP5-2Ak-U~FA-/' !!J'V'!:> -"2.4-& :] ,8/

City }?G'rt-T?.A-,iV{) State Ol'Zilq-OP Zip Code 912?:>~******••*************$********************************~~*************************

I, hereby request Tillamook County to: '~Name 0 Rename RoadJPark Public Improvementindicated on the ATTACHED M.AJ?, which is located within Section % t?,(! • of Township

56,Range II West of the Willamette meridian; Tillamook County, Oregon,

Following is a list ofnarnes thatl would recommend:

(1) _KNOLl- TIi-{2R.A:>=L17.u' ----~----

(2) __----------------

(3)_------------------

(4) --------~-------

~ The filing fee is included, or the petition is attached,

¥" The map is attached,

o A chock to the Public Works Dep;u;tment is enclosed. M~!--tJ ttL PIU () f biL .o50i,.<..V}~1l. /"

A~'7IU/~MSIgnature

****~*************~***********$*************************************************

Receipt # aaLo1 Fed J.DO-~~ -'\V-tll.YU>

AN EQUAL OPPORTUNJ7Y EMPLOYER

EXHIBITB

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ROAD NAMING AND REN4MING, PARKS & PUBLIC IMPROVEMiNiSi

Who may apply:""l'

Property owner(s); person(s) living along the road; public or si:irm~:pitb~bagency affected by road, park or public improvement names; TilhiliiookCoup.ty (Board .of .Co~ty COIIIIllissioners, Planning Commission,Department of CommUnity Development, Public wotti, As9easors, Tax .Department, Sheriff, Surveyor). .'

1. Eldsting road, parkorpublicimp~tname, iflmown:

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2. Location ofroadway, park or public improvement by description and'attaeliMlIS map:

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3. Legalstatus ofrl;la4veriD,yd'bYfubli.cW~: J?/?JU~Z:~ .f?MOi<J4+j 1 '-&:A--m()tPtJ P/UiP/Yl.:T1 eWNIl]) J1.'1 TI4n:. k.L.tY/7FAU1ILq IIW6T

4. Proposedroad,parkorpubliciID.provement~;.-J<Ivau.. 'T1?1t.J2AC-fL

5. Reason(s) fonequest attached as a letter ofjustification: ITIS 'Tltyll'i, rznt riJ.I S

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6. Petition(attllched, ifany) _

THIS WAP ."AS PRU'/tAEO FORASSESSllENT PURPOSE ONlY

SWI/4 NWI/4 SEC.36 T.5S. R.IIW.W.M.TILLAMOOK COUNTY

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Tillamook County

DEPARTMENT OF COMMUNITY DEVELOPMENTBUILDING, PLANNING & ON-SITE SANITATION SECTIONS

Land ofCheese, Trees and Ocean Breeze

Staff ReportMeasure 37 Claim M-06-02


BUilding (503) 842-3407Planning (503) 842-3408

On-Site Sanitation (503) 842-3409Fi'X (503) 842-181 9

Toll Free 1 (800) 488-8280

Date of Staff Report: October 25, 2006Board of Commissioners Review: November 8, 2006

Staff Report Prepared By: William A. Holmstrom, AICP, Associate Planner vaiI. General Information

Claimant:

Date of Claim:

Location:

William A. Hiatt, Trustee755 SW Cheltenhanl Street, Portland, OR 97239

May 23, 2006

Tax Lot 600, Section 36, Township 5 South, Range 11 West W.M.,Tillamook County, Oregon.

II. Summary of Claim

The claimant is requesting a waiver of regulations restricting the development of a single familydwelling with a home occupation and accessory structures on the above-referenced property.Specifically, the claimant requests a waiver of the limitations on the development of dwellingswithin the Forest (F) Zone. .

III. Ownership History

The claimants have demonstrated that they originally acquired an interest in the subject propertyon July 9, 1981. The claimants have owned an interest in the subject property continuously sincethat date.

IV. Applicable Ordinance History

At the time of acquisition in 1981, the subject property was zoned Rural Residential (R-A), whichpennitted a single-family dwelling outright. On December 30, 1981 the zone was changed toForest (F), At that time, a dwelling was allowed through a Conditional Use. However since thattime, state law has changed and now supersedes the County ordinance. Oregon AdministrativeRule (OAR) 660-006-0027 now regulates the placement of dwellings in the Forest Zone. Homeoccupations and accessory structures are allowed with dwellings.

Measure 37 Claim M-06-02AN EQUAL OPPORTUNITY EMPLOYER Page 1

V. Reduction in Land Value

The claimant contends that the inability to develop the property has reduced the value of theproperty by $71,000. While staff cannot justif'y the specific value reduction stated by theclaimant, it is clear that an inability to develop a dwelling with home occupation and accessorystructures on the parcel would reduce the property's value.

VI. Exhaustion of Available Land Use Actions

The claimant wishes to develop a single-family dwelling with a home occupation and accessorystructures in the F Zone. The claimant asserts that the County refused his request verbally. TheCounty utilizes the State of Oregon's rules for dwellings in the Forest Zone under OregonAdministrative Rule (OAR) 660-006-0027. In summary, there are three methods under this ruleto obtain authorization for a dwelling:

Lot of Record (OAR 660-006-0027(1)(a-d)):

Dwellings are allowed on some parcels provided:• The parcel has been owned by the current owner since 1985• The tract does not already have a dwelling• A dwelling does not exist on another lot or parcel part of the subj ect tract as it

was in 1993• The tract must not be composed of soils capable of producing 5,000 cubic feet

per year of commercial tree species.• The tract must be within 1,500 feet of a public road for access

Preliminary research by staff has found that the claimant could possibly meet the lot ofrecord test.

Tract Size (OAR 660-006-0027(I)(e)):

Dwellings are allowed on contiguous forest tracts on 160 acres or more, or noncontiguous forest tracts of 200 acres under one ownership within Tillamook and adjacentCounties. The claimant clearly cannot meet this requirement.

Template Test (OAR 660-006-0027(l)(f)):

Dwellings are allowed on parcels where a 160 acre "template," centered on the parcel,can touch all or part of a certain number of parcels, and three dwellings that existed in1993. The number of parcels required depends on the productivity of the soils. In thiscase, the template must touch all or part of II lots or parcels that existed in 1993. Apreliminary template test conducted by staff finds that the template could easily exceedthis requirement. The claimant could possibly meet the template test.

While the claimant asserts that the County verbally refused his request to develop a dwelling onthe subject property, it is far from clear that a formal request to do so through an AdministrativeReview would fail. Staff finds that the claimant has not exhausted all reasonable available landuse actions.

Measure 37 Claim M-06-02 Page 2

VII. Remedy

The Board of County Commissioners must decide whether to deny the claim; compensate for thereduction in value; or waive, modify, or not apply the land use regulations that have caused thereduction in value.

Denial

The Board may choose to deny the claim if it finds it is without merit.

Compensate for Rednction in Valne

The Board may choose to compensate the claimants for the loss of value due to theapplication ofland use regulations. The claimants contend the loss of value is $71,000.

Waive, Modify, or Not Apply Land Use Regulation

The Board may decide to waive, modify, or not apply the land use regulation. In thiscase, the applicable regulations are the limitations on the development of a single-familydwelling in the F zone. Staff recommends if the Board chooses this option, that theCounty waive regulations implemented subsequent to July 9,1981, that:

I. Prohibit the development of one single-family dwe11ing with a home occupationand accessory structures on the claimant's property.

The claimants would still need to meet other existing land use & land division regulationsand other regulations including, but not limited to, public health, sanitation and accessrequirements.

The claimants request a waiver, modification, or non-application of the regulation.

VIII. Additional Information

A decision by Ti11amook County to waive, modify, or not apply a land use regulation does notrelieve the claimant of the responsibility of seeking a waiver from the State of Oregon or anyother agency if the local regulation waived by the County is also contained in State law,administrative rules, or the regulations of any other agency.

If subsequent modifications or court interpretations, which are in conflict with the relief grantedherein, are found to be binding and to have retroactive effect on this Order, any relief granted bythis Order may be deemed void and of no further force and effect from and after the date of thisFinal Decision, without any further action on the part of the county. If any portion or portions ofthis Order are declared invalid by a court of competent jurisdiction, the remaining portions of thisOrder shall remain in full force and effect.


A decision by Tillamook County to waive, modify, or not apply a land use regulation does notwarrant or otherwise guarantee the claimants or any of the claimant's successors in interest canlegally use the subject property for the purpose, or in the manner, approved by the County as suchuse or purpose may impact third parties, including rights established by Covenants, Conditionsand Restrictions (CC&Rs), other private restrictions, or other regulations, restrictions orcontracts.

A decision by Tillamook County to waive, modifY, or not apply a land use regulation to allow ause may result in an increase in property tax due to reassessment; and/or a loss of specialassessment status and additional taxes in accordance with existing assessment statutes ifapplicable.

Subsequent to a decision by Tillamook County to waive, modifY, or not apply a land useregulation to allow a use permitted at the time the current property owner(s) acquired theproperty, the use must be reviewed subject to any review process and land use regulations thatwere in effect at the time, as well as any current review process and land use regulations that havenot been waived, modified, or not applied. There is no guarantee of approval.

IX. Exhibits

A. Assessor's MapB. Claimants' Submittal


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THE HIATT FAMILY TRUSTWILLIAM A. HIATT, TRUSTltEJOYCE E. HIATT, TRUSTEE

May 19, 2006

Department of Community DevelopmentTillamook County201 Laurel Ave.Tillamook, OR 97141

Gentlemen,

My wife and I purchased a one acre parcel ofland known as Tax Lot 600, T5S, 11W,Section 36, on July 9, 1981. The zoning in place at that time was RA, Rural Residential.That zone would allow a single family residence with out buildings and a homeoccupation as outright uses. In 2003 we established The Hiatt Family Trust and thisparcel in now held in that trust.

On December 31, 1981 Land Use Ordinance No. 33 of Tillamook County was enacted.The resulting effect on our parcel was a change ofzoning. Our parcel is now zoned "F",Forrest.

Our long range plan to build a residence and accessory buildings is now not allowedunder the Forest Zone. Therefore we are'hereby submitting a Measure 37 Claim forwaiver of the Forest Zone. Thereby allowing us to use the property as we originallyintended.

Thank you for your consideration..;-:.

Sincerely,

A/ cf'~/c.,~William A. Hiatt, Trustee

EXHIBIT B755 SW CHELTENHAM ST., PORTLAND, OR 9n39 PH. (503) 246-6245 FAX (503) 246-71~1

ATTACHMENT A

TILLAMOOK COUNTYMEASURE 37 CLAIM FORM

Staff Use Only

File Number: 171 ~ d it - 0 ::;J--. Fee: Receipt # _

Date Submitted:

CONTACT INFORMATION (Either a property owner or legally designated representative):

Name: ldb/t.-9m;4. Akif nu~

PROPERTY INFORMATION (List all contiguous properties associated with the claim):

Map #~.s1/31p Tax Lot # 6t!JC) Acct #.,1.57J'tPi' Acreage t. 0 Current Zoning F'

COMPENSATION INFORMATION:

Preferred Resolution (Check One):

DCompensation (must include certified chain of title report and appraisal)

)QWaiver, Modification, or Non-Application of a Regulation (must include deed of title and appraisal)

Date of Acquisition by:

Current Owner: Jub; :2/ /9)'/

Zoning Designation(s) (if any) at Time of Acquisition by:

Current Owner: If?-,I)

Family Member (if requesting compensation):

Basis for Claim

If an owner wishes to assert that more than one regulation restricts the use of the property and hasthe effect of reducing the fair market value of the property, all claims for the property must beincluded on this form.

Please check the appropriate box and complete the corresponding section below:

Jt My claim is based on the adoption of a regulation.

o My claim is based upon first enforcement of a regulation.

o My claim is based upon application of a regulation.

o I have exhausted all land use processes (excludes variances and re-zoning)

Use Restricted: (Specify use no longer allowed):

Claim Based on Adoption of Regulation

Describe the manner in which and the extent to which the regulation restricts the use of the private realproperty:

Date Ordinance Was Enacted: lcfl..kJ{/J7/

2

Claim Based on Application of Regulation

Describe the manner in which and the extent to which the regulation restricts the use of private real property:

Ordinance Citation:

Date Ordinance was Enacted:

Claim Based on Enforcement of Regulation

Describe the manner in which and the extent to which the regulation restricts the use of private real property:

Ordinance Citation:

Date Ordinance was Enacted:

Has Tillamook County Formally Denied the Use Specified Above? DYes @o

Indicate File # or other Action Denying Use:

Loss of Fair Market Value ($ amount): :1/ 7(16)00

Describe how this Figure was derived (List any attachments):

SIGNATURES (Includes all property owner(s) whose collective interests amount to fee simple title and anyauthorized representative):

3

INVe, the undersigned Owner(s) and authorized Representative, affirm by my/our signature(s) that:

In/tial

-d-The information contained in this claim form and any associated submissions is true and correct; and

~)(, A decision by Tillamook County to waive, modify, or not apply a land use regulation does not relieve~ of the responsibility of seeking a waiver from the State of Oregon or any other agency if the iocalregulation waived by the County is also contained in State law, administrative rules, or the regulations of anyother agency; and

/ ~ I A decision by Tillamook County to waive, modify, or not apply a land use regulation does not warrant or~ise guarantee I/we or any of my/our successors in interest can legally use the subject property for thepurpose, or in the manner, approved by the County as such use or purpose may impact third parties, includingrights established by Covenants, Conditions and Restrictions (CC&Rs), other private restr-ictions, or otherregulations, restrictions or contracts; and

~ decision by Tillamook County to waive, modify, or not apply a land use regulation to allow a use mayresult in an increase in property tax due to reassessment; and/or a loss of special assessment status andadditional taxes in accordance with existing assessment statutes if applicable; and

/ ('subSequent to a decision by Tillamook County to waive, modify, or not apply a land use regulation toha use permitted at the time the current property owner(s) acquired the property, the use must bereviewed subject to any review process and land use regulations that were in effect at the time and there is noguarantee of approval; and

1 (I I/We understand that a claims processing fee of $150.00 plus any actual costs incurred above that fee~te of $44,00/hour for staff time to offset the administrative cost of processing the claim will be charged.If the actual costs for processing the claims are less than $150,00, the remaining amount shall be refunded tothe claimant upon the issuance of a final decision.

Representative(s) if different than Owner

Printed Name

Printed Name

Signature

Signature

Date

Date

All Legally Recognized Owner(s) [Proof f Ownership. is

7/".Als.k:v

Printed Name

Printed Name

Printed Name

Signature

Signature

Signature

Date

Date

Date

4

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1 ?15-€¦ · mark labhart, vice-chair tasb1- '''o'neil charles j. hurliman,...

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