() wednesday, june 6, 1990 - tillamook county, oregon … · wednesday, june 6, 1990 page 2...

()MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETINGWednesday, June 6, 1990

COMMISSIONERS PRESENT: Ida A. Lane, ChairpersonKenneth M. Burdick, Vice-ChairpersonRobert B. Miles, Commissioner

STAFF PRESENT: William K. Sargent, County Counsel; Leota Leake,Recording Secretary

STAFF PRESENT FOR.PORTIONS OF MEETING: Charles Anderson, Superintendent of Parks; Jon Oshel, Public Works Director; KarenRichards, Treasurer; Darlene Cherry, Personnel Director

GUESTS PRESENT: Melissa Roll, Roseanna's Cafe; Lee Walker, citySanitary Service; Jerry Dove, County Commissioner Candidate; MarkGibson, Headlight Herald

CALL TO ORDER: By Chairperson Lane at 10:00 a.m. in the JusticeCourt Room.

ITEM NO.1: CONSIDERATION OF ORDER TRANSFERRING TITLE FOR 1~ TONSURPLUS JEEP AND 1~ TON SURPLUS TRAILER TO CAMP MERIWETHER:Chairperson Lane entertained a motion to sign the order to transfer title of 1~ Ton Jeep and 1~ Ton Trailer to Camp Meriwether.Commissioner Miles so moved, Commissioner Burdick seconded.Chairperson Lane amended the motion to have the Chairperson signthe titles. Commissioner Miles so moved, Commissioner Burdickseconded, passed with three aye votes.

The Chairperson signed the titles to the equipment.The Commissioners signed Order #90-71.

ITEM NO.2: DISCUSSION CONCERNING IN-KIND CONTRIBUTION OF OLDMETAL DESK TO CLATSOP TILLAMOOK INTERGOVERNMENTAL COUNCIL:Chairperson Lane said she was the Liaison for the ClatsopTillamook Intergovernmental Counsel and the County had some desksnot being used which the CTIC had need of. Commissioner Milesasked if this would be a permanent gift to CTIC or a loan.Chairperson Lane said the desks were the old metal ones, and shefelt it should be a permanent contribution. Commissioner Burdicksaid having the desks used was better than paying storage onthem.

Chairperson Lane entertained a motion to donate the metal desksas an in-kind contribution for the Clatsop Tillamook CountyIntergovernmental Counsel's use. Commissioner Miles so moved,Commissioner Burdick seconded, passed with three aye votes.

ITEM NO.3: CONSIDERATION OF LETTER OF UNDERSTANDING WITH AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION(AFSCME) RELATED TO WAGES FOR BUILDING INSPECTOR, LEVEL B:Ms. Cherry said this was a new position, and the Department Headhad requested the level of wage for the position. The Union hadreviewed the wage level and had agreed. Chairperson Lane

"MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETINGWednesday, June 6, 1990

entertained a motion to sign the Letter of Understanding with theUnion for the new position of Building Inspector, Level B.Commissioner Miles so moved, Commissioner Burdick seconded,passed with three aye votes.

The Commissioners signed the Letter of Understanding.

ITEM NO.4: CONSIDERATION OF LETTER OF UNDERSTANDING WITH AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION(AFSCME) RELATED TO WAGES FOR SYSTEMS SUPPORT SPECIALIST: Ms.Cherry said this was a new position, and the Department Head hadrequested the level of wage for the position. The Union hadreviewed the wage level and had agreed. Chairperson Lane entertained a motion to sign the Letter of Understanding with theUnion for the new position of Systems Support Specialist. Commissioner Miles so moved, Commissioner Burdick seconded, passedwith three aye votes.

The Commissioners signed the Letter of Understanding.

ITEM NO.5: DISCUSSION CONCERNING SALARY ADJUSTMENTS AND RECLASSIFICATIONS: Ms. Cherry said, in the budget process this year,numerous departments had requested reclassifications. She hadpresented the list to the Board for their consideration. Thedepartments requesting reclassifications were the JuvenileDepartment, the Surveyors Office, the County Clerk's Office, theAssessor's office, the Tax Department, and Community Development.

Chairperson Lane said most of these positions had waited a longtime for these reclassifications. She felt it was time toreclassify these positions. She said one position had alreadybeen reclassified last year, and that was the Surveyor's office.She said the Commissioners could choose to approve all of theclassifications, choose to approve none of them or choose toapprove a portion of them. She asked what the pleasure of theCommissioners was. Commissioner Miles said he chose to approve aportion of them. Chairperson Lane as]<:ed Commissioner Miles whichportion he was approving. Commissioner Miles said he did notapprove the Surveyor's office reclassification. CommissionerBurdick said he chose to approve all of them. Chairperson Lanesaid she chose to decline the Surveyor's office reclassificationbecause the Surveyor had stated he would continue to work thatposition out of classification until it was reclassified, and shedid not approve.

Chairperson Lane entertained a motion to disprove the reclassification for the Surveyor's office. Commissioner Miles so moved,Commissioner Burdick seconded, passed with two aye votes. Commissioner.Burdick voted nay.

Ms. Richards asked if her understanding was correct that the Surveyor's office. position was to remain at a Clerk 2 level. Sheasked that Mr. Duncan be instructed not to work that employee outof class so out of class pay would not be required to be paid to

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.'MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETINGWednesday, June 6, 1990

that position. Chairperson Lane said Mr. Duncan would be instructed by memo to cease and desist using the employee foranything other than minimal amounts of Clerk 3 work and utilizethe employee as a Clerk 2. Ms. Richards said the County would berequired to pay that employee out of class for any work done outof class. Chairperson Lane said yes, as per the Union contract.Ms. Richards asked how the level of minimal use would be set forthe Surveyor to use as a guideline. Chairperson Lane said aminimum usage would be set per month or per, week. She said if aquarter of the employees time was being used out of classification, the Surveyor would be instructed he was not complying withhis instructions. Ms. Richards said that should be set out veryclearly to avoid problems. Chairperson Lane said it was difficult to control a situation of this type with an elected official.

Chairperson Lane entertained a motion to approve the balance ofthe reclassifications. Commissioner Miles so moved, CommissionerBurdick seconded, passed with three aye votes.

Ms. Cherry said the County Compensation Board had been appointedby the Board of commissioners, and had reviewed the salary of theelected officials. The Board had made their recommendations tothe Board of Commissioners and the Budget Committee. Ms. Cherryrequested that the Board adopt all of their recommendations, aportion of their recommendations or none of their recommendations. Ms. Cherry said, for the record, the County Compensation Board had recommended the Board of Commissioners wage be$37,200 per year, the Sheriff's wage be $36,000 per year, and theTreasurer, Assessor, County Clerk, Justice of the Peace, Surveyor(being prorated because of part time work), wage be $34,000 peryear, and that a 5% supplement be added to the District Attor-ney's wages.

Chairperson Lane asked if the County wanted to implement theJustice of Peace wage at this time. Commissioner Burdick saidyes, until the time when the Court question was resolved therecommendation should be honored. Commissioner Miles said therehad been a discussion relative to Justice Court, but no decisionhad been made. Chairperson Lane said a workshop had been held,but no decisions could be made in workshops. Commissioner Milessaid he had made a statement in the workshop that he felt theTreasurer should be paid the same as the commissioners, and thebalance of the elected officials should be paid a salary equal tothat of the Sheriff, $36,000 per year. Commissioner Burdick saidit had been stated by the Budget Committee and the CompensationBoard that they wanted a clearly stated monetary differencebetween the Commissioners' salaries and the elected officials'salaries. He felt a $2000 difference between the Sheriff and theother elected officials other than the Commissioners was tooradical. He said all elected officials should be compensated atleast to the extent of the Sheriff at $36,000 annually.

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MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETINGWednesday, June 6, 1990

Ms. Richards said for the record she had calculated the fiscalimpact, and the figure was $12,800. She said this figureincluded the benefit package for elected officials.

Chairperson Lane said her personal opinion was that if a BlueRibbon Panel was appointed, then the Board of Commissionersshould accept their recommendations. She felt if the Blue RibbonPanel's recommendations were not to be accepted, then there wasno need for them to exist. She asked the Commissioners to makea motion to change the recommendations if that was what theywanted. Commissioner Burdick said he was never comfortablegiving himself a raise. Chairperson Lane said salaries ofelected officials were being brought into line so that a personrunning for an office would have a better incentive to run.

Commissioner Burdick made a motion to accept the Blue RibbonPanel figures setting the Commissioners salaries at $37,200 peryear and setting the salaries of all other elected officials at$36,000 per year. Commissioner Miles seconded the motion, passedwith three aye votes.

Chairperson Lane entertained a motion the salary adjustments forthe Board of Commissioners and all other elected officials bemade retroactive to June 1, 1990. Commissioner Miles so moved,Commissioner Burdick seconded, motion passed with three ayevotes.

Ms. Cherry requested the Board of Commissioners consider giving a3% cost of living increase to all full time nonunion personnel,management excluded positions. Chairperson Lane entertained amotion to approve the 3% cost of living increase for themanagement excluded nonunion personnel. Commissioner Miles somoved, Commissioner Burdick seconded, passed with three ayevotes.

Ms. Cherry stated the reclassifications were effective June 6,1990, because the Letter of Recommendation had been signed onthat date.

ITEM NO.6: DELIBERATION TOWARD DECISION ON SIGNING CONTRACTWITH PAUL BROS. FOR MEMALOOSE BOAT RAMP PROJECT: Mr. Andersonsaid he would obtain Paul Bros. contract June 6th. He said hewould also go over to the Corps of Engineers offices and p~ck uptheir permit.

Mr. Anderson said he had a draft of a letter to Mr. Cecil Harrisregarding stabilization of sand at the mitigation site. He saidthese documents should be reviewed by the Board of Commissioners,and a decision made as to signing them later in the week.

He said he wanted to wait until the preconstruct ion conferenceboth with the Contractor and the state Marine Board engineers tomake sure access to Mr. Harris' property was necessary beforeobtaining a right-of-way.


Chairperson Lane asked if Mr. Anderson was requesting a decisionto sign those documents later in the week. Mr. Anderson said hewould request signature on the documents as soon as he receivedthem. Mr. Sargent, county Counsel, requested time for reviewingthe documents before they were signed.

Chairperson Lane entertained a motion to sign the documents, asdefined by Mr. Anderson on the Memaloose Boat Ramp Project, laterin the week after the County Counsel had approved them. Commissioner Miles so moved, Commissioner Burdick seconded, motionpassed with three aye votes.

ITEM NO.7: CONSIDERATION OF NOTICE OF PUBLIC HEARING REGARDINGPROPOSED ANNEXATION OF LAND AND TERRITORY OF SPORTS CAMP, INC. TOTHE NORTH TILLAMOOK COUNTY SANITARY AUTHORITY: Mr. Levesque saidthese annexations had been initiated by resolution of the NorthTillamook County sanitary Authority Board under a statute whichthen requires the Board of Commissioners to initiate proceedingsby an order. On each of the two different annexations, one isSports Camp property and the other is Mohler Co-op, an order anda public hearing on the matter is required. He said there was noway for the county to recover its costs.in these particularannexations. Mr. Sargent said Mr. Hantke had brought over thetwo resolutions and had indicated to him that they were the onlydocuments the Board of Commissioners would have to deal with.He said the matter could be done this way, but it was not the wayhe preferred to handle the annexations. He said he had told Mr.Hantke this was not the way he would like to see the situationhandled.

Chairperson Lane read a letter from Mr. Affolter, Director ofcommunity Development. Chairperson Lane asked if instructionsshould be given to handle this matter in a different way. Mr.Sargent said the County could not recover its costs if it weredone in this manner, and Mr. Hantke was aware of that. Mr.Oshel said if there was a question on the legal description, Mr.Duncan should be consulted. He said findings of fact by theapplicant, with only a review by County Counsel, would save theCounty a large bill.

Chairperson Lane entertained a motion to continue this matter.Commissioner Miles so moved, Commissioner Burdick seconded.Chairperson Lane said a motion had been made to continue actionon the public hearing on the Sports Camp, Inc. and Mohler Co-opproperties. Motion passed with 3 aye votes.

commissioner Burdick asked if this involved Agenda Items 7, 8, 9,and 10. Chairperson Lane said yes, these were all inner-relateditems, and would be continued.

ITEM NO. 11: CONSIDERATION OF ADOPTION OF A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR PLEASANT VALLEYWATER SYSTEM GRANT: Chairperson Lane asked County Counsel if he

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETINGWednesday, June 6, 1990n

had reviewed this document. Mr. Levesque said the County wouldreceive a contract on the block grant for Pleasant Valley WaterSystem on June 13th, and he would receive instructions foradministering that grant. This document being referred to wouldbe exhibit F of that contract. The Board of Commissioners wouldhave to adopt the document before that date. He said it was anew requirement which went with all block grants and was a planfor replacing residences or homes in the process. The PleasantValley grant was just a relocation of the water source, and didnot involve any structures or houses or replacements. It was astandard form to be filled out. County Counsel reviewed thedocument.

Chairperson Lane entertained a motion to authorize the Chairperson to sign the Residential Antidisplacement and RelocationAssistance Plan under Section 104D of the Housing and communityDevelopment Act of 1974 as amended. Commissioner Miles so moved,Commissioner Burdick seconded, motion passed with three ayevotes.

oChairperson Lane signed the document.

SITTING AS THE BOARDOF HEBO SERVICE DISTRICT

ITEM NO. 12: MISCELLANEOUS SERVICE DISTRICT MATTERS: There wasno discussion.

SITTING AS THE BOARDOF SOLID WASTE SERVICE DISTRICT

ITEM NO. 13: CONSIDERATION OF ORDER MODIFYING HOURS OF OPERATIONFOR MANZANITA TRANSFER STATION: Mr. Oshel said this matter hadbeen considered by the Board of Commissioners two weeks prior,and he was now presenting the order. He felt the hours should beshortened to maintain the rate now being charged at the transferstation. Chairperson Lane said the hours of operation were requested to be changed from 9:00 a.m. to 5:00 p.m. daily to 9:00a.m. to 4:00 p.m. from Memorial Day through Labor Day.

Chairperson Lane entertained a motion to sign the order to changethe hours of operation of the Manzanita Transfer station. Chair-'person Lane requested the secretary to correct the wording on theorder of "stations" to read "station". Commissioner Miles somoved, Commissioner Burdick seconded, passed with three ayevotes.

/~) The Commissioners signed Order #90-74, SWSD Order #64

ITEM NO. 14: CONSIDERATION OF ORDER SETTING FRANCHISERS' RATESFOR THEIR CUSTOMERS: Mr. Oshel said this involved two orders.He said these orders had been reviewed by the Solid Waste Advisory Committee in two meetings because the first meeting had nothad a quorum. Chairperson said the first order was, "In the

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Matter of Increasing customer Rates for Solid Waste CollectionFranchisers for City Sanitary Service, Coast Sanitary Service,Nestucca valley Sanitary service and R Sanitary Service." Mr.Oshel stated for the record that Oceanside Sanitary Service hadnot requested an increase.

Chairperson Lane entertained a motion to sign the order to approve the rate increases as attached, exhibit A, B, C and D.Commissioner Miles so moved, Commissioner Burdick seconded,passed with three aye votes.

The Commissioners signed Order #90-72, SWSD Order #65.

Mr. Oshel said the second order was for a rate change at theManzanita and Pacific City Transfer stations which were alsobeing operated by franchisers. The proposal was to increase thecharge from $15 per cubic yard to $16 per cubic yard.

Chairperson Lane entertained a motion to sign the order increasing the rate to $16 per cubic yard and the minimum fee to beassessed would be $5 per load at the Manzanita and Pacific CityTransfer stations. Commissioner Miles so moved, CommissionerBurdick seconded, passed with three aye votes.

The Commissioners signed Order #90-74, SWSD Order #67.

Cha~rpeison Lane entertained a motion to change the numbers on90-74, SWSD order #67 to 90-73 and SWSD order #66. CommissionerMiles so moved, Commissioner Burdick seconded, passed with threeaye votes.

Chairperson Lane said the next order was establishing new ratesfor the solid waste disposal at the Tillamook Transfer station.Mr. Oshel said this had been a decision made at a pUblic meetingsome time ago, but the order had never been signed. The orderchanged the tipping fee at the Tillamook Transfer station from$40 per ton to $50 per ton and retained the minimum fee per loaddumped at $5.

The Commissioners Signed Order 90-67 SWSD Order #61.

ITEM NO. 15: MISCELLANEOUS SERVICE DISTRICT MATTERS: DiscussionConcerning Solid Waste Advisory Committee Membership: Mr. Oshelsaid Mr. Pete Sutton had resigned from the Solid Waste Advisorycommittee, and had recommended Wayne Barker as a replacement.commissioner Miles said he had reviewed the application thismorning. Chairperson Lane entertained a motion to appoint WayneBarker as a member of the Solid Waste Advisory Committee. Commissioner Miles so moved, Commissioner Burdick seconded, motionpassed with three aye votes.

Discussion Concerning the Leacheate Pump station Design: Mr.Oshel discussed the Leacheate Pump station design. He said theproblem had gotten much worse at the pump station. He asked


approval of the purchase of the design and plans of the systemthrough West Tech Engineering. He said West Tech Engineering hadbeen out on-site, and had a good reputation for that typeproject. He wanted to proceed with the contract which requiredhis signature, but he wanted board authorization. CommissionerMiles asked what the cost would be. Mr. Oshel said $5805.Commissioner Burdick said that was less than the repairs of thepresent system.

Chairperson Lane entertained a motion to authorize Mr. Oshel tosign the con'tract with West Tech Engineering for the LeacheatePump station design, sUbject to County Counsel's approval.Commissioner Miles so moved, Commissioner Burdick seconded,passed with three aye votes.

Discussion Concerning Pollution Insurance: Chairperson Lanestated for the record that Hudson Insurance had not beencontacted to discuss pollution insurance. She was to contactthem June 6th. Mr. Oshel asked that she get information relativeto insurance on the herbicide program also.

Discussion Concerning Owners of Oceanside Businesses HaulingTheir Own Solid Waste Garbage To the Dump: Ms. Roll offered awritten legal opinion in the defense of hauling her garbage tothe dump. She had signatures of other business owners inoceanside desiring to haul their own garbage. She said they wereall using the franchisee now, and would continue to do so at thistime~ but they wanted to have the privilege of hauling their owngarbage. She said Mr. Duren and Mr. Tuthill had sat in front ofher business in the garbage truck observing the garbagecollection area of her restaurant. She said she had corne out ofher restaurant at 11:30 p.m., and found Mr. Duren sitting infront of her restaurant waiting to see if she was hauling garbageat night. She had been told Mr. Duren was taking pictures of herfather hauling away garbage. She said her father had done thatmany times on a voluntary basis without realizing he wasviolating the law. She said she had received a letter from Mr.Tuthill stating that if she violated the ordinance, legal actionwould be talcen. She felt there must be many businesses in theCounty who hauled their own garbage unaware they were violatingthe ordinance. Mr. Duren had stated to her that the Board ofCommissioners had the right to amend the ordinance from time totime as needed. She felt the amendment was needed now. She saidshe WqS aware that Mr. Duren had threatened to sue the County ifthe ordinance was amended. She said her husband did not feelthat Mr. Duren could win such a suit because the ordinance statedthat the Board of Commissioners had a right to amend it.She asked that the ordinance be amended to allow businesses inOceanside to haul their own garbage without violation of anordinance.

Chairperson Lane said she had reread Ms. Rolls' documents. Ms.Roll asked each Commissioner how they felt about amending theordinance. Chairperson Lane said she did not feel the County

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should have mandatory garbage service in Oceanside if it was notmandatory throughout the County. Commissioner Miles said hefelt the ordinance was different in language than thefranchisee's contract. He said there was a clause in thefranchisee's contract which made Tillamook County liable forchanging the ordinance if the change adversely affected thefranchisee's business. Ms. Roll asked how changing the ordinanceto allow individual hauling of garbage could adversely affect thefranchisee. She said there had not always been a Roseanna'sRestaurant in Oceanside, and Mr. Duren's business had survived.For at least a year or two there was no restaurant in Oceanside,and Mr. Duren survived. She said the businesses were using Mr.Duren's services, and would not discontinue using his business.How could it threaten his business? Commissioner Miles said hehad made his statement and would stay with it.

Chairperson Lane said a franchisee was in the room, Mr. Walker,who could speak as to how this could be a threat to Mr. Duren'sbusiness. Mr. Walker declined to comment.

Ms. Roll asked Commissioner Burdick how he felt about changingthe ordinance. Commissioner Burdick said he would not amendOrdinance #4. He felt the change should be made to the OceansideSanitary Service contract. He stated that Article 16 of thecontract clearly stated that Mr. Duren could not sue TillamookCounty for an action being taken. Ms. Roll asked how amendingMr. Duren's franchise agreement could solve the problem.Commissioner Burdick said there was mandatory garbage pickupunder that franchise agreement. He said changing Ordinance #4would affect the whole County, whereby the Oceanside Sanitaryservice franchise agreement affected only that area.

Chairperson Lane said Ms. Roll's point was well taken in thatOrdinance #4 was not enforced except in Oceanside. CommissionerBurdic]c said letters of enforcement were sent out only oncomplaints. The franchisers areas were not policed, onlycomplaints were taken care of.

Chairperson Lane said a workshop had been held with the franchisers, and they had indicated they did not want the Ordinanceamended because that part of the ordinance was a tool for expansion of their businesses. She said she understood their point ofview, but she also stated it made mandatory service for businesses, but not for individuals.

Ms. Roll said one simple sentence stating that as long as no onehauled business garbage for compensation, there was no violationof the ordinance.

Commissioner Burdick asked how many homes in oceanside wererented out by the week or by the day. Ms. Roll said there wereat least fifteen. Commissioner Burdick asked if those businesseswere hauling their own garbage. Ms. Roll said they were undermanagement, and management hauled the garbage to the dump.

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Ms. Roll said no one was against an exclusive franchise, but shedid not feel that mandatory use of that service by businesses wasright. Commissioner Lane said she and County Counsel hadinvestigated language allowing businesses to personally haultheir own garbage and had come to the conclusion that there wasno intent in the Ordinance to prevent a business owner frompersonally haUling his or her own garbage.

Ms. Roll said she had spoken with Commissioner Kinkade on severaloccasions in his office as County Commissioner, and she had beeninstructed by Commissioner Kinkade to haul her own garbage. Hehad stated to her there was no intent in the Ordinance to preventa business owner from personally hauling his or her own garbage.

Ms. Roll discussed her investigations into the enforcement ofthis particular part of the ordinance. She felt Mr. Duren wasbuilding toward a law suit against her for hauling her garbage.She felt intimidated, but she said perhaps Mr. Duren felt it wasjust gathering information for a lawsuit.

Chairperson Lane said regardless of whether the ordinance wasamended or not, Mr. Duren was intent on filing a law suit. Mr.Sargent said that should not be a consideration as to whether theordinance should or should not be amended.

Ms. Roll said she felt her request was reasonable and she hopedthe Commissioners would consider amending Ordinance #4.

commissioner Burdick made a statement for the record that hewould not be intimidated by Mr. Duren's threats again. He saidany decision made by him would stand.

Chairperson Lane said she had stated to Mr. Duren that a decision made by her would be for the good of the majority of theCounty. It would not be for one person, one individual or onebusiness.

There,was a discussion of possible changes and results of suchchanges to Ordinance #4.

Mr. Oshel suggested that he and Counsel Sargent be instructed bythe Commissioners to consult, and come up with language agreeableto both sides of the issue. Ms. Roll said the area needing tobe addressed was the compensation area of the Ordinance.

Chairperson Lane said she was concerned with complying with theDepartment of Environmental Quality's regulations. She suggestedinstructing Mr. Oshel and Mr. Sargent to work on some simplifiedlanguage to amend that ordinance.

Commissioner Miles said it had been stated by the franchisersthat they would back the ordinance as it now stands. He said theOceanside Sanitary Service franchise agreement clearly stated

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"Amendments under this agreement do not include any which wouldterminate the right of the franchiser to continue to provideservices within the service area. 1I

Mr. Walker said there was a statement in ordinance #4 which said,lithe franchisee has the right to appeal any ordinance changewhich would adversely affect his business." He said Mr. Durencould prove that the requested change could adversely affect hisbusiness, and therefore he would have grounds for a law suit.

Mr. Sargent said his recommendation was to amend the ordinance ifit were needed, and not amend it if it were not. The threat of alawsuit should not be a determining factor in amending or notamending an ordinance. He said he would clarify the wording ofthe franchise in a privileged letter, but he would not talk aboutthat in a pUblic meeting.

Mr. Sargent said he would look into the language for amendingOrdinance #4 to allow businesses to haul their own garbage without adversely impacting the franchisers.

Discussion Concerning Handling of Biomedical Waste: Mr. Walkerdiscussed biomedical waste in Tillamook County. He said aspecial type vehicle was required for collection of biomedicalwaste; and there was one available in the valley. He felt thep~oblem at the present involved the problem of businesses haUlingtheir biomedical waste to the Tillamook County General Hospitalto be sterilized. The hospital had received a request from aPortland Company to pick up that waste, and they estimated therewould be 15 boxes at $25 per box of 40 pounds each. That wouldcost approximately $1500 per month. He said he was trying tofigure a rate which would come close to that for his company toprovide that service locally. The problem now was that peoplewere transporting that waste themselves over the County roads,and no one had control over where it was being dumped.

Mr. Walker said if the biomedical waste was visible on a pick-Upby his company, they could not handle that pick-Up unless thebiomedical waste had been packaged separately. Biomedical waste,properly packaged, had to be picked up in a separate vehicle frqmthe regular garbage truck. He said the hospital and otherbusinesses were trading off services. Commissioner Burdickasked if the Tillamook County General Hospital did not know thiswas happening. Mr. Walker said they were accepting thebiomedical waste of other businesses for sterilization. Commissioner Miles asked who was participating in this. Mr. Walkersaid Wauds Funeral Home exchanged the use of their facilities tothe hospital for retaining a body for a couple of days in exchange for the hospital sterilizing Waud's biomedical waste. Hesaid the waste was bagged properly, but was not transportedproperly.

Chairperson Lane said as of July 1, 1990, that would be violatingstate law. Mr. Walker said he did not want to disrupt anyone's

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MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS MEETINGWednesday, June 6, 19~0

routine, but he wanted to make the Commissioners aware of thesituation. He wanted to keep his business operations legal.

SITTING AS THEBOARD OF COMMISSIONERS

ITEM NO. 16: MISCELLANEOUS PUBLIC WORKS: Discussion Concerningthe Patching Agreement with Bay City: Mr. Oshel proposed a threeyear contract between Tillamook County and Bay city at $1500 per

. year for road patching. The County has County roads within thecity limits. The County had a contract with Bay City which wasexpiring. Chairperson Lane entertained a motion to continue theroad patching contract with Bay city for three years. Commissioner Miles so moved, Commissioner Burdick seconded, passedwith three aye votes.

Mr. Oshel said he would sign the contract subject to its approvalby County Counsel.

Discussion Concerning Intergovernmental Agreement with Washington County Exchanging Services: Mr. Oshel said Washington Countydid the road work with their crew and Tillamook County paid forit. He said the road repair was an hours drive from Tillamookand very close to Washington County. Chairperson Laneentertained a motion to enter the agreement with WashingtonCounty sUbject to County Counsel's approval. Mr. Oshel said thiswas a first time agreement with Washington County. In prior yearsWashington County had completed the work, and billed TillamookCounty. This year they had requested an agreement prior to thework being done. Chairperson Lane said County Counsel wouldreview the agreement before it could be considered.

Discussion Concerning Execution of Two Contracts: Mr. Oshel saidboth contracts had been awarded and in both cases, performancebonds, the liability certificate of insurance, and the certificate of insurance having to do with workers compensation hadbeen received.

Mr. Oshel said the first contract was with Nesko Rock for theaggregate crushing at Cape Meares.

Chairperson Lane entertained a motion to sign a contract withNesko Rock for aggregate crushing at Cape Meares. CommissionerMiles so moved, Commissioner Burdick seconded, passed with threeaye votes.

The Commissioners signed the Contract.

Mr. Oshel said the second contract was with Weber Bros. Construction for the reconstruction of the Courthouse steps.

Chairperson Lane entertained a motion to sign the contract withWeber Bros. Construction for the Courthouse steps reconstruction.


commissioner Miles asked what the completion date would be. Mr.Oshel said August 31st was the completion date. CommissionerMiles so moved, Commissioner Burdick seconded, passed with threeaye votes.

The commissioners signed the Contract.

Discussion Concerning Projects to be Done by PUblic Works SummerCrew: Mr. Oshel presented a list of projects pro~osed to be doneby Mr. McConkey's crew. He asked the Commissioners to look atthe proposed projects, and contact him about the work to be done.There was a discussion of several roads to be repaired.

Discussion Concerning Oregon State Bike-way Program: Mr. Oshelsaid he had received the notices from the Oregon State Bike-wayProgram Manager, and application for bike-way grants for thefiscal year 1992. If Tillamook County wanted to apply for agrant for money to construct bike-ways in 1992, the applicationhad to be in before September 1, 1990. He discussed the grantapplications and requests for bike-ways throughout the County.There was a consensus for Mr. Oshel to file the bike-way grantapplication on Brooten road.

UNSCHEDULED: Discussion Concerning License to be issued toresidents on Yamhill Street: Mr. Sargent said Ms. Albright hadrequested lengthening the term of the license making it revocable only upon certain events. He said this would be differentthan ·other licenses issued by the Commissioners, and herecommended against making any changes in the license. Herecommended having consistent wording in the licenses. Herequested direction from the board before giving a response toMs. Albright's request. There was a consensus to deny therequest.

Chairperson Lane adjourned the meeting at 12:04 p.m.

RESPECTFULLY Submitted thiS~ day of June, 1990.

Secretary

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APPROVED BY:

~Jdt7/ {(. 0£uIDA A. LANE ~~RO ERT B. MILES

~'L~J1rj1, &ciLdeKENNETH M. BURDICK

() wednesday, june 6, 1990 - tillamook county, oregon … · wednesday, june 6, 1990 page 2...

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