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        Wednesday, February 27; 1980 Con't.

        CONSIDERATION OF REPLY·TO,LETTER REGARDING JAIL._CONDITIONS FROM':'T-.J·.. ,
        WILLIAMS,'" CLOVERDALE.::-,.,'·"A~ ,le,tter.¢l.icta,ted by~WarrenA.'~c:Minimee,      was, 2"
        written,'approved~and::~mai,led'·~t6         T.J~·'.Williams,--:wherein, it ,was ,noted'
        that:, th~,~,Board,~.is~·aware.-·o:t-C-the.jai~,conditions,       ,is working,·;to:approve,
        the 'coridi tions,·,and-wiTl,cohtinue·.to:-_doso;and'~that,.           the letter is'. to"',
        be handed to the Sheriff for his review of the complaint'that jail,
        personnel were rude.

        LIQUOR LICENSE RENEWAL APPLICATION APPROVALS:

        Riverside Inn                                                 The Dory
        Highway 101 S.                                                Cloverdale Dory, Inc.
        Cloverdale, OR 97112"                                         P.O~ Box 124
        Thor & Nadine Anderson '                                      Cloverdale, OR 97112
        Retail Malt Beverage (fee paid)                               Dispenser Class A (fee paid)

         Gold Coast Supermarket                                       Doryman Fish Company Market
         25515 Highway 101. N.··                                      P.O. Box 1
         ~ockaway, OR 97136 '                                         Pacific City~ OR 97135
        ,Package Store (feep~id)                                      JuliO G. & Jean Elaine Gogas
        'Robert and Muriel Swain ,.'                                  Package Store .(feepaid)

        The meeting adjourned at 4:10 p~m.

        , ..
        APP:gVE BY:            . -. if- "
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        Chai man
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                                                    _;   __



    '
~_t,) ~d-t~~ tl£c)~~~!!:-- _
 ,    Commissioner Gerald A. Wood'tvard
        .-9C~_~
     ~issioner                           Granvllle Simmons
                                                          __
        Friday, February 29, 1980

      --At -aregular'ineeting of, the Board"of'Commissioners'   on the date' set
      '-above, at which time were'presen t Chairman F. E. Knight and Commis's ioners
        Gerald A. Woodward and Granville Simmons, the following business was
        transacted.

        REQUEST FOR PERMIT TO SLOPE COUNTY RIGHT-OF-WAY BY MR. & HRS. HAROLD SCHLEVE
        Ray Baggarley explained the situation to the Board by stating that the
        area was behind the Nehalem School" that there is a vertical cut on the
        50' right-of-way and the Schleve's want a portion of the street vacated
        in order to slope as opposed to constructing a ietaining wall.

        Chairman Knight stated that. the sloping is necessary to the Schleve's in
        order to obtain a Veteran's loan and he is of the opinion that the County
        should give them a permit to slope from the County right-of-way.'

        Mr. Schleve stated that Gene Henderson would be doing the work.

        A motion was made by Commissioner Simmons, seconded by Commissioner Wood-
        ward and unanimously carried to allmv the Schreve's to slope from their
        property into the County right-of-way with the cut beginning at the toe
        of the existing bank property line and to run out at l~ to 1 slope; and
                                                                                                              i
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•   Friday, February 29, 1980 Con' t. '

    that the portion of "B" Street to be used services the Schleve property
    only and would not damage property rights of other persons.

    MARY PRISS TO DISCUSS PARK GRANTS: Mary stated that she had contacted
    the Public utilities Commission and learned that the State wiil pay 75%,
                                                                                   ,1
    if ',the Southern Pacific Transportation COr.lpany will pay 20% and the re-
    maining 5% would be paid by the county for upgrading railroad crossing
    safety.

    The areas of need were discussed including Long Prairie, McCormick Loop
    and the Garibaldi crossings. Chairman Knight feels the Garibaldi cross-
    ing should be done first.

    Mary stated that the PUC claims the Port of   ~i}l~~   owns the railroad.

    Commissoner Woodward stated tha.t, the Board's first concern is with the
    CCC Bridge crossing where signals are needed.

    Mary asked if the Board would authorize 5% of the funding if the grant
    money is available. The Board agreed.

    A motion was made by Commissioner Woodward to write a letter bo the South-
    ern Pacific Transportation Company regarding the matter with the condition
    that grant funding is approved. The motion was seconded by Commissioner
    Simmons and carried unanimously.

    HERITAGE CONSERVATION RESOURCE SERVICES GRANT FUNDING: Mary explained
    that the county should decide what projects will be priorities so that
    she can apply for the grant funding which has a deadline of May, 1980.         ,67'1'
                                                                                      '"i




    Chairman Knight will discuss the matter with Cha:rles Crtise;"lparks "Super-
    intendent.

    SAND BEACH: Commissioner Woodward stated that he thinks it is time to
    make a decision as to what the county is going to do with the Sand Beach
    property. He feels the matter should be investigated to determine whether
    to sell it , convey it to the State or to make impovements.

    Chairman Knight stated that his first inclination would be to sell the
    property, but perhaps a trade should be negotiated.

    EMS: Mary Priss stated that the U.S. Customs Service will construct a new
    building and have invited the EMS equipment to be located within the build-
    ing.  Ed Weston 'was asked what his feelings were in the matter and he said
    it was fine with him. The Customs people would like to have an agreement
    between them and the county if the equipment is to be moved in.

    A motion was made by Commissioner ,Woodward, seconded by Commissioner Simmons
    and unanimously carried to write a letter to the u.S. Customs Service and
    enter into an agreement.

    DISCUSSION REGARDING DEPARTMENT HEADS REQUEST TO PURCHASE A MICROWAVE OVEN
    AND POPCORN POPPER FOR LUNCH ROOM: Commissioner Woodward stated that the
    Department Heads had requested that a microwave oven and a popcorn popper
    be purchased from the coffee fund for the,employers lunch room.

    Roger Pease stated that there could be a conflict with the operatiop of~the
     computer if a microwave is installed in the Emergency Shelter. The matter
    'Ilill be investigated further prior to a decision.
                                                                                                                                            I   '

                           Friday, February 29, 1980 Can't.'
                           Conunissioner Woodward reported that the' 'dump' ma'ih't'eh'a'n'c'e' 'fund is low
                           and a transfer is needed.' Treasurer'William H. Dunn will take care
                           of, it.'
                 .         PUBLIC HEARING:' 'ZONE CHANGE FROM :R-3' :t'o e-T;' FRANCES' NIT'ZBERG,'PACIFIC
                           CITY:, Mike Wheeler gave a brief summary of the Planning Staff 'Report
                           and showed the Board where the property was located. He stated 'that
                           there was no oppbsition and cited the following reasons the P~~nning
                           Commissfon ',recommended approval of the zone change: (1) The request
                           is in conformance with 'the State statutes (ORS 215.250) which only
                           allow zone changes if and when the following conditions are met:(al com-
                          'liance with the Statewide' Goals and Guidelines. (b) Compliance with the
                           Comprehensive Plan, (c) A public need exists for the change, and (d)
                           Public need' is best met by this specific change; (2) 'The proposed change
                           would not be considered spot zoning,in that the property is adjacent to
                           the existing C-l zone; and'C3} There has been no advers property owner-
                           response.                                                                     . ,,'
                           A motion was made by Commissioner Woodward, seconded by Commissioner
                           Simmons and carried unanimously to accept the recommendation of the-'
                           Planning Commission and approve the zone change from R~3 to C-l as re-
                           quested by Frances Nitzberg~bf p~cific City.
                          Mrs. Nitzberg informed the Board that she had been appointed Field Oper-
                          ations Assistant for the National Census.
                          UNSCHEDULED:' APPROVAL OF APPOINTMENT 'OF SALLY STAHL', TO NORTHWEST OREGON
                          HEALTH SYSTEl-1S SPECIAL' COMMITTEE' ON ,CARDTOPULMONARY RESUSCITATION: A
                          letter was read from the Northwest Oregon Health Systems requesting
                          the Board's approval of Sally Stahl as a member to the Northwest Oregor--\
                          Health Systems,.special .committee on 'Cardiopulmonary Resuscitation to rC J
                          place the recently appointed John Griggs who is unable to attend the
                          meetings due to his' "'lork schedule.
                          A motion was made by Commissioner Woodward, seconded by Commissioner sim-
                          mons and carried unanimously to approve the recommendation.
                            UNSCHEDULED'::AGREEMENT' WITH ST'ATE FOR COUNTY PATROL OF OSWALD NEST PARK:
                            A motion was made by Commissioner Simmons, seconded by <:ommissioner W90d-
                            ward and carried with three aye votes to approve the agreement with the
                            Oregon Sta.te Parks Division for County Sheriffpat:b.olof the Oswald West
                         ", Parkcfor the 1980-81 fiscal year.
                           uNSCHEDULED:' SETTING CURFEW AT SAND BEACH: Commissioner Woodward made
                           a ,motion to proceed with ,drafting an ordinance in the matter of setting
         ... ~       .     a curfew at Sand Beach. Commissioner Simmons seconded the motion which
                           carried unanimously. Roger Pease and Commissioner: Woodward will draft
                         'the ordinance for the review of the -Board of Commfssioners and legal
                           counsel. Commissioner Woodward stated that the)CooperativeAgreement
                           with Siuslaw National Forest will be ,postponed.
                          Commissioner Woodward reported that he had attended a meeting of the'
                          Emergency'Medical Services and recommended that a person fromthe Board
                          of,Conunissioners and one from the Department of Emergency Services be
                          appointed,to the Medical Services Committee. He also stated that voting-
                          cound be done by walk 'in proxy only.   The committee is getting organ-
                          ized and have written the by-laws. They will be covered by county lia~-;/,
                                                                                                                                                    r\
                          bility insurance. Mary Priss represents the Department of Emergency
                          Services and Conunissioner Woodward asked that he be appointed to serve,
                          as the representative from the, Board of Commissioners.

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                                                                                                         .'""   .-         .. ~   .   -
     Friday, February 29, 1980 Con it.
                                                                                                                     ..           .
                                                                                                                                       ....,
                                                                                                                           ~~


                                                                                                                          .-~'    ""

     A moti6nwas made by Commissioner Simmons, seconded byOhairman'Knight and
     carried with two aye votes to appoint Commissioner Woodward as represent-
     ative of the Board of Commissioners on the Medical Services Committee.
     Commissioner '·Woodward anst'a,ihed 'from. the' vote ~
                     .' '.'
                    .',
     UNSCHEDULED: REQUEST BY DEPARTMENT OF THE' ARMY FOR PEIDUSSION TO USE
     VEHICLES ON BAYOCEAN PENINSULA: A motion was made by Commissioner Gerald
     A. Woodward, seconded by Commissione~ Simmons and carried unanimously to
     grant permission to the, Department of the Air force to drive six'government
     vehicles beyond the locked gate on'_,Bayocean Peninsula to support its sur-'
     vival exercises; that permission is only for said government vehicles and
     only when absolutely 'necessary to support the exercises; arid that theve-
     hicles will be driven along the maintenance road'as much as possible and
     damage 'to vegetation and, land shall be held to an absolute minimum.

     DISCUSSION ITEMS: (1) Fred Larson is scheduled to be in the Courthouse on
    "March 4(':,'1980 ,at 1 : 30 p.m. and hopefully can take up the matte rof the,1-1arguer-
     ite, Thompson grievance. '

     (2) A letter of recommendation for a salary increase at the expiration of
     Rhonda Ellerbroek's probationary period on June 30, 1980 was submitted by
     her supervisor, Nina Gallino ~ 'The matter of Roger' Pease's salary incre,ase
     was also discussed.                                ',

     (3) Chairman Knight feels there ,is an inequity in the road department inas-
     much as there were in the past 13 men in the North County road crew and
     how there are three men with only six men in the South County road crew
     and twenty on the road crew in Central District not including the shop
     personnel and thefor~men.

    PUBLIC HEARING: ZONE CHANGE REQUESTFROH A-I to' R·-3 ~ DAN HEDDEKOPP" PACIFT(J
     CITY: A lJ1r. & lJ1rs. DeGeer of Nev-lberg '''ho own property in the Pacific City
    area questioned whether they should be notified as they'feel they are beyond
    the 250' notification area, but had received notice.                   '

    Mr.   &   ,Mrs. Dan Reddekopp were presen't for the hearing.

    Mike Wheeler explained that the request was actually two-fold as it was a
    zone change from A-I to A-3 plus a Comprehensive Plan 'change and that the
    appeal was' before the Board ,exactly as it had come before the Planning Com-
    mission.                        '    ,                 ,

    He stated that the applicant '\vanted the ,R-3 zoning for' high density use and
    there was, some inconsistency as there is ,no' adjacent R-3 zoning.   Therefore
    it seemed more campatible with an R-2 designation. An agricultural suita-
    bility report was done and out of 100 points the land recieved a 26.6 rating
    and the area was found to be poor soil excepting an area equal'to approxi-
    mately 20% of the entire request area. Sixty-seven notices ,,,ere mailed
    with receipt of 7 responses in favor and t,,,o objecting. Hike mentioned also
                                                                                                                                               ,[
    that the two opposing persons were not opposed to the revised R-2 zoning.                                                                   I


    The staff recommended denial of changing from A-I to R-3, but the Planning
    Commissioner appro\led:,.anA-:-l to R-2 zoning which is the zone designation for
    the adjacent Pacific City Heights sUbdivision.

    Mr. Reddekopp stated that he ,was wiling to settle for the R-2 zoning.

    lJIike then stated that the Planning Director will suggest a minimum 'of five
-   acres to be used as Planned Development area.     The PD zone would allow
 I
 I   ~
                  Friday, February 29, 1980 Con't.

                  an even greater density than' the'R-2.


~,
                                       ;\
                  Ray and Darcy Jones, property owners iIi the area, who came to the hear{~g,\
                  late, stated that they had no comrnent&
I \,         \
                  Roger. Pease and Mike Wheeler discussed the fact that the publication had'
                  stated Mr. Reddekopp's request before the Board as a change from A-Ito
                  R-3 when in reality it was from A-I to R-2 zoning which was to be heard
                  by the Board.

                  A motion was made by- .Commissioner Simmons r 'seconded by Commissioner
                  Woodward and carried unanimously to approve the .zone change from A-I to
                  R-2 upon recommendation of the Planning Commission and upon meeting the
                  requirements of the LCDC Goals and Guidelines and applicable countyord-
                 .inances.

                 JOE MOHORICH TO' DISCUSS', ALTERING' A SECTION OF MAKINSTER ROAD TO ACCOMO-:
                 DATE HIS DESIRE FOR THE PL:ACEMENT OF A L'ARGER MOBILE: Mr. Mohorich' s
                  small trailer, according to county, maps and Roge.r Pease, is encroaching'
                 on the county right-of-way of Makinster Road. He would like to have the
                 'county alter the right-of-way to correspond to what he believes is his
                 property line so that he might locate a larger unit.      Apparently Mr.
                 Mohorich has been paying property taxes on the parcel.

                  There will be further investigation and an on-site inspection' by Roger,~'
                  who will make his report to the Board of Commissioners.

      UNSCHEDULED: PAT McCOY REGARDING BOARD OF COMMISSIONERS' r.mETING WITH
•     BOB CORTWRIGHT AND WES KVARSTEN: Mr. McCoy and the Board visited about
t--"  the meeting which was held to discuss the Nehalem Bay shallow draft des-'
 \ ) >ignation. '            .

                    He was told that Mr •. Kvarsten had stated t'hat LCDC could allow a 10'
                 .' shallow. draft desi.gnation.

                 PUBLIC HEARING:' APPEAL' OF PLANNING CO~1MISSION DECISION ON REQUEST FOR
                 A VARIANCE FOR A REDUCTION OF 'A FRONT YARD: PETER MEF-..NEY, APPLICANT:
                 Persons present were Peter Meaney AND Ed Saxe {President of Neskowin
                 North Maintenance Association.                              .

                 "Mike Wheeler stated that the hearing had been' held by the' Planning Com..,;.
                   mission on January 10, 1980, that the request was from a 20' front yard
                   setback to an 8.9'reductiQn. He showed pictures' of the house and house
                   plans to the Board. The actual deck does not present::aproblem with a
                   variance',. but a set of stairs leading to the deck does.      In addition
                 . the' plan shO\·.7ed·~that the buildiu'gwas to be built on grade and it ended
                   up above grade. Apparently, the problen1,evolved from Keil Schwartz, former
                   interim Planning Director, signing the permit to build.

                 The Planning Commission denied the va.riancebased on findings' and he
                 ,V'ould be required to rebuild the staii:s ~.<?".meet t:he requirements and that
                 no penalty would be imposed.

                There was discussion regarding possible alternate locations of the stair-
~"           ·'way·from.ground level to the deck . . !1r. Meaney stated that the original
         j
\..,~".         builder went bankrupt and left the house with a deck and no stairs to
                reach the deck. He explained that the only change he had made in the
               'house plans was'to add the deck in order to'get his appliances and furn-
                iture into the ·house. He had not been aware of the setback requirements
Friday, February 29, 1980 Con't.
and when he was made aware he came to the Planning Department for direction.
He agreed with ~like Wheeler except for the matter of building above grade.
It ~'as not his intention to build the hOuse 'at grade level and explained
that there was no requirement for the' perini tee'to provide a topographical
map.
                                                                               -1:
Chairman Knight sta~ed that if Mr~ Meaney hadn't come in on his own the
violation would probably never have 'been discovered. He then asked Mike
if the Building Inspector would have told him when he inspected the build-
ing~

Mike stated that he probably would not have mentioned it as it is purely
voluntary on the part of 'the Buildi~g Inspector to assist the Planning De-
partment in the field.

Mr. Neaney stated that his'structure was 52 feet back of the zone line which
is 10 feet beyond the recoJOIrlended $etback 'and that 'there is a.n 18 foot
height restriction in the subdivision. He 'is also behind a locked gate, it
is not a public access area and is not on a public street.

Mr. Ed Saxe, Maintenance Association president, stated that he had done re-
search of persons in the area contacting 15 owners and that the architect-
ural committee had revie'l.ved the matter~ Of all the people contacted there
were no objections to th~ structure.

In answer to a question by Chairman Knight, Mike stated that there might
have been a hurried decision by the fomer planner and there is no "double
check in the field" ~ He thinks there should be cooperation bebleen the
Building Inspector and the Planning staff. Apparently a letter was sent
to the Building Inspector asking for his cooperation.

Commissioner Woodward stated that the only way to solve the matter is to
bring Hr. Sheets in and,give him a direct order to cooperate. The State
Plumbing Inspector has been cooperating.

Mike stated that he would reciprocate the favor and would like to see an
end to the "after~the-fact variance requestsll~ He also stated that he could
not see any thing wrong with the house 'and that the variance was brought'
about because of a zoning ordinance.             '
    ,          ,'    ,   '. ,the adi acent road was not gublic
Due to the fact .that/there, were nO obJect~ons rrom pr pertyfowners and that
Mr., Meaney did try to correct the matter a motion vlaS made by Commissioner
Woodward, seconded by Ccmmissioner Simmons and unanimously carried to grant
the variance of a front yard setback from 20 feet to 8.,9 feet.

UNSCHEDULED: LETTER TO PUBLTC UTILITY COJl'IMISSTON'REGARDING FUNDTNG FOR R:R.
CROSSING AT CCC BRIDGE: A motion was made by Commissioner Wood\'lard, seconded
by Commissioner Simmons and unanimously carried to approve and mail a letter
to craig J. Reiley of the Public utility Commission wherein he 'was made
aware that the county is agreeable to pay not to exceed 5% of the total cost
of installing flashing light signals, gates and gongs if funding is avail-
able for the balance of the cost. He was also advised that the county has
constructed a new bridge which is useless to the public until the crossing
is provided.
                                                                                 ']
SOLID WASTE APPOINTMENT: DON HURD: A motion was made by Commissioner Wood-
ward, seconded by Commissioner Simmons and carried with three aye votes to
appoint Don Hurd to the Solid Waste Finance Committee.
                                  -   -   -- -       - --- -   ---        --   ~   -   --    -_.. - - - _ . _ - - _... _     ..   ~---------
                                                                                                                                                               P'
                                                                     'i                 ".
                                                                     1
              Friday, February 29, 1980 Con't .
I                                                                         .~

I             LIQUOR LICENSE RENEWAL APPLICATIONS:'
I
I:            Anchor Tavern                                                                         , Kinman's Market
              P.O. Box 264.                                                                           Neskowin, OR 97149
J        .    Oceanside, OR 97134                                                                     John H. & Naomi L. Kinman
"·'··'..\.
 "      I
              John' & Pauline Stewart                                                                 Package Store (fee paid)
I             Retail Malt Beverage (fee paid)

               Kaservi11e Market                                                                    'NacLeods Tavern
                                                                                                                   \
               1650 Highway·101                                                                      Rt. L Box 382
               Tillamook, OR 97141.                                                                  Nehalem, OR 97131
               Bop & Bill Collins                                                                    Michael & Esther MacLeod
             . Package Store (fee paid)                                                              Retail Malt Beverage (fee paid)

               Bayside Grocery and Hardware
               P.O. Box 149
              'Netarts, OR 97143
             'Ve·rnon & Ar1ys Hahn
               Package Store (fee paid)

                      BY~:..   .
             APPROVED ~ . . . . .' .
                                                                                                        d .: t:.U.l:jy
                                                                                                      RZ?Z· •      s··I fn.itted;              ....
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                                                                 -' -                                B.
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                                                                                                       .                 .
             Chairman F •
                  CIA         ·AIJ             J..      ~··.·.·IJ
                                                                                                           .                       .

             .£/~~.~'V~
                                          .d
                                                                                        _-c
             Commissioner Gerald A. Woodward

             ~-~---_.
             Commissioner Granville Simmons .

             Wednesday, March 5, 1980

             At a regular m~eting of the' Board of Commissioners on' the date set above,
             at which time were present Chairman F~E. Knight and Commissioners Gerald
             A. Woodward and Granville Simmons, the following business 'i'las transacted.

             UNSCHEDULED: BUDGETARY TRANSFERS:· A motion ~as made by .Commissioner Wood-
             ward, seconded by commissioner Simmons and carrried with' :two aye votes to
             approve the budsetary transfers as follows:        .

             FROM                                                                                   .TO                                        AMOUNT

             JUSTICE COURT
             1-275-03                                                                                1-206-03                                  $ 1,000.00
             COURTHOUSE BUILDING                                                                                                       \ .
             1-261-019                                                                               1-248-019                                        300.00

             SHERIFF-CRIMINAL
             1-90-020                                                                                1-227-020                                    1,100.00

       OTHER EXP. CO~·· GOV'T.
       1-299-:-029 ..                                                                                1-296-028                                     350.00
~~ ... 1-101 (B) -07                                                                                 1-283-028                                  10,000.00
<-.) 1-105-010                                                                                                      "                           10,000.00
                                                                                                                    II
       1-118-014                                                                                                                                 3,000.00
                                                                                                                    II
      '1-119-014                                                                                                                                 2,000.00
       1-121-(B)-014                                                                                                "                           10,000.00

				
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