Washington County, Oregon

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1 Board of Commissioners Washington County, Oregon last update: February 4, 2003 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS JANUARY 21, 2003 CONVENED: 10:06 a.m. BOARD OF COMMISSIONERS: Chairman Tom Brian Vice Chair Roy Rogers Commissioner Dick Schouten Commissioner John Leeper Commissioner Andy Duyck STAFF: Charles D. Cameron, County Administrator Walt Peck, County Communications Officer Gerald Kubiak, Government Affairs Assistant Dan Olsen, County Counsel Alan Rappleyea, Sr. Assistant County Counsel Kathy Lehtola, Director, LUT Brent Curtis, Planning Division Manager, LUT Andrea Vannelli, Code Enforcement Officer, LUT Joanne Rice, Senior Planner, LUT Paul Schaefer, Senior Planner, LUT Maggie Patterson, Management Analyst II, Sheriff's Office Bill Gaffi, General Manager, CWS Patt Opdyke, CPO Coordinator Jeff Friend, AudioVideo Specialist Barbara Hejtmanek, Recording Secretary PRESS: Doug Browning, Hillsboro Argus Laura Gunderson, The Oregonian APPROVAL OF MINUTES:

2 January 7, CONSENT AGENDA Chairman Brian announced that an off docket item from County Counsel entitled "Approve Settlement of State Ex Rel Bartell v. Washington County; WCCC CO20494CV" is added to the Consent Agenda. It was moved to adopt the Consent Agenda, as modified. 2nd - Schouten CLEAN WATER SERVICES 1.a. CWS RO 03-3 Acquire Easements to Provide Sanitary and Storm Sewer, Water Quality Preservation, and Storm and Surface Water Drainage to Properties in Clean Water Services' Service District (Approved Under Consent Agenda) 1.b. CWS RO 03-4 Declare Necessity and Purpose for Acquisition of Easements Across Certain Real Property and Authorize Clean Water Services to Proceed with Condemnation Action to Complete the Kahneeta Sanitary Sewer Upgrade (CPO 7) (Approved Under Consent Agenda) 1.c. CWS MO Approve Encroachment Agreement with Equity Concept Group LLC and Micor of Medford LLC (Barnes Professional Campus) (CPO 1) (Approved Under Consent Agenda) 1.d. CWS MO Quitclaim a Sanitary Sewer Easement and a Water Quality Preservation and Storm and Surface Water Drainage Easement (Beaverton Interceptor Upgrade Project) (CPO 2) (Approved Under Consent Agenda) LAND USE AND TRANSPORTATION 1.e. MO Accept the Affordable Housing Progress Report (All CPOs) (Approved Under Consent Agenda) 1.f. MO 03-20

3 Approve Contract Change Order for Widening and Overlay Work on Farmington Road (CPO 10) (Approved Under Consent Agenda) 1.g. RO Approve Establishment of Roads in Werner's Corner as a County Road (CPO 7) (Approved Under Consent Agenda) 1.h. MO Approve Setting a Public Hearing to Transfer Jurisdiction of Certain County Roads to the City of Beaverton (Approved Under Consent Agenda) COUNTY ADMINISTRATIVE OFFICE 1.i. MO Adopt the Fiscal Year Budget Policies (Approved Under Consent Agenda) COMMUNITY DEVELOPMENT 1.j. MO Approve Community Development Block Grant Project Agreement with City of Forest Grove (Approved Under Consent Agenda) HEALTH AND HUMAN SERVICES 1.k. MO Grant Waiver/Authorization to Award Contracts to Providence Behavioral Health Connections and Bestchoice Administrators to Provide Administration Services for the Purposes of Administering Mental Health Services to Oregon Health Plan Members (Approved Under Consent Agenda) SHERIFF'S OFFICE 1.l. MO Amend Agreement Relating to the Westside Interagency Narcotics (WIN) Team - Adding the Cities of Hillsboro and Tigard (Approved Under Consent Agenda) SUPPORT SERVICES 1.m. RO Amend the County's Pay Plan to Add the New Classification of Senior Control Room Monitor (Approved Under Consent Agenda) 1.n. MO Authorize Increase of.50 Full Time Equivalent (FTE) Counselor Position in the Department of Juvenile Services (Approved Under Consent Agenda)

4 1.o. MO Approve Lease Agreement with Zurbrugg Development for Office Space for the Department of Health & Human Services (Approved Under Consent Agenda) SERVICE DISTRICT FOR LIGHTING NO. 1-A COUNTY SERVICE DISTRICT 1.p. SDL RO 03-4 Form Assessment Area, Authorize Maximum Annual Assessment and Impose a First Year Assessment for Renaissance Pointe (CPO 6) (Approved Under Consent Agenda) OFF DOCKET - COUNTY ADMINISTRATIVE OFFICE MO Announce Vacancies on Boards and Commissions Chairman Brian announced a vacancy on the Accessibility Advisory Committee, which would fill an unexpired term of six months plus a new three-year term. He encouraged interested parties to contact the County Administrative Office at (503) to apply for this vacancy. Chairman Brian urged citizens to become involved in this or one of the other Boards and Commissions. 2. ORAL COMMUNICATION (2 MINUTE OPPORTUNITY) Ross Mathews, 1932 NE Harewood Place, Hillsboro, Oregon, thanked the Board for the work done by Washington County on a pamphlet relating to Measure 28. He regarded the pamphlet as a very fair representation of the facts regarding an important issue. On behalf of all those needing assistance, Mr. Mathews thanked the County for putting out a fair, well-prepared brochure. He looked forward to passage of Measure 28 in the near future. Betsy Hanson, P. O. Box 48, North Plains, Oregon, expressed gratitude for the Measure 28 brochure. She believed that this educational brochure contained fabulous information, which was presented in a clear and concise manner. Ms. Hanson represented the National Alliance for the Mentally Ill (NAMI) today. She identified herself as a retired Registered Nurse as well as a past Director for Interfaith, one of the family homeless shelters in Washington County. Ms. Hanson found the brochure easy to understand and related that this was true, too, for the people she serves. Robert Sanchez, SW Ironside Lane, Beaverton, Oregon, told the Board that he is employed through the Washington County Consumer Council Comfort Zone as Activities Director. He divulged that he has been selected as Chairperson of that Board and also to serve as Facilitator of Consumer Council. Mr. Sanchez hoped to understand better what Measure 28 means with the help of Betsy Hanson.

5 Ms. Hanson informed the Board that some of the negative impacts are already being felt even before the vote on Measure 28 takes place. She spoke of how important it is, therefore, for people to understand the issues involved with this measure. Chairman Brian appreciated the remarks made during Oral Communication. He announced that the mailer to which the three individuals referred was a cooperative effort between the County, the School Districts, and other jurisdictions. Chairman Brian explained that the goal was to provide objective information as best as could be determined relative to the State budget and its effects upon Washington County. He praised Walt Peck for doing a great job on this brochure, following consultation with the Secretary of State's Office, Legislative Fiscal and Revenue Offices, and for making sure that the brochure objectively stated the circumstances. The Chair recognized that the situation is somewhat fluid, however. He related that the cost for the brochure was shared by other jurisdictions. 3. PUBLIC HEARINGS - LAND USE AND TRANSPORTATION 3.a. MO Continue Indefinitely the Annexation of 109 Acres to the Clean Water Services District 3.b. MO Kathy Lehtola indicated that her staff report will cover both items 3.a. and 3.b. because they involve the same 109-acre parcel (on the north side of Springville Road, west of NW Kaiser Road and east of NW 185th Avenue). She explained that the parcel was recently brought into the Urban Growth Boundary but added that this has not yet been acknowledged by Land Conservation and Development Commission (LCDC). Mrs. Lehtola requested that the Board continue the public hearing on both items 3.a. and 3.b. indefinitely and direct staff to send a new public hearing notice after Metro's decision has been acknowledged by LCDC and all legal appeals have been exhausted. The public hearing was opened. No public testimony was offered. It was moved to continue the public hearing indefinitely. Included in the motion was direction to staff to send a new public hearing notice in accordance with the applicable provisions of the Metro Code and ORS 197 and 198 after Metro's decision has been acknowledged by LCDC and all legal challenges are over. Continue Indefinitely the Annexation of 109 Acres to the Tualatin Valley Water District

6 3.c. RO Chairman Brian observed that staff reported on this in conjunction with the last agenda item. The public hearing was opened. No public testimony was provided. There was a motion to continue this public hearing indefinitely. Included in the motion was direction to staff to send a new public hearing notice in accordance with the applicable provisions of the Metro Code and ORS 197 and 198 after Metro's decision has been acknowledged by LCDC and all legal challenges are over. Motion - Duyck Approve Vacation of a Portion of County Road 3.d. RO Kathy Lehtola noted that this is a request to vacate a portion of County Road 276, which is just south of NW Laidlaw Road. She commented that this is a section of road that has not been and will not be needed. Mrs. Lehtola stated that the property owners adjacent and to the west requested this vacation. She remarked that the eastern portion of the road is owned by Bosa (Oregon) Corporation. It was Mrs. Lehtola's understanding that Tualatin Hills Park and Recreation District (THPRD) has been in contact with Bosa regarding transfer of the eastern ownership to THPRD after the vacation has been completed. Therefore, she recommended going ahead with this road vacation today. The public hearing was opened. No public testimony was given. The public hearing was closed. It was moved to approve the Resolution and Order vacating a portion of County Road No. 276 in Section 20 and 21, T1N, R1W, W.M., Washington County, Oregon. Motion - Schouten 2nd - Duyck Consider Plan Amendment to Change Plan Designation of 2.38 Acres (CPO 13)

7 There was a motion to utilize an expedited hearing on this matter. Chairman Brian announced that the Board has at its disposal an expedited hearing process if all of the following conditions are met: 1. The staff report must recommend approval either with or without conditions. 2. The applicant must have no objection to the process. 3. There must be no one in the audience who wishes to testify for or against the amendment. 4. There must be no objection from any member of the Board. Chairman Brian said that, under an expedited hearing process, the Board will rely on the written record that is presented. He indicated that the Board will open the hearing, have a very limited staff report, and will place on the record the fact that neither the applicant nor anyone in the audience wishes to testify for or against the proposal. Chairman Brian explained that if there are no objections or questions from the Board members, the public hearing will be closed and the Board will begin deliberations. The public hearing was opened. Chairman Brian asked for a limited staff report. Andrea Vannelli displayed a colored zoning map, which highlighted this property. She pointed out that it is bisected by Stringtown Road and that it is located about a mile west of the city limits of Forest Grove. Ms. Vannelli identified the darker green color as zoned for Exclusive Forest and Conservation (EFC) and the lighter green as Exclusive Farm Use (EFU). She mentioned that the total parcel size is approximately 80 acres and said that a little bit less than 2.5 acres are located across the road. Ms. Vannelli reported that the property owners at this time are interested in putting a greenhouse on the southern portion of the property. She stated that because of the fire safety standards that apply to the EFC district, the property owners are having trouble doing that. Ms. Vannelli told the Board that they want to re-zone this so that the whole parcel can be zoned for farm use, which is what it has historically been used for. Chairman Brian determined that the applicant had no objection to proceeding without testimony. The Chair then elicited that no one in the audience wished to testify either for or against this amendment. It was moved to approve the proposed plan amendment based on evidence and findings

8 in the staff report and the applicant's submittal. Included in the motion was authorization for the Chairman to sign a Resolution and Order for Plan Amendment PA. 2nd - Duyck 4. PUBLIC HEARING - SHERIFF'S OFFICE 4.a. MO Mandatory Public Hearing Regarding Proposed Use of Bureau of Justice Assistance Local Law Enforcement Block Grant Funds Maggie Patterson commented that this item requests to approve the use of these Local Law Enforcement Block Grant Funds for the purchase of a crime scene tech vehicle. She explained that the Sheriff's Office had originally purchased a forensic Krimesite Scope, which failed to perform satisfactorily. Ms. Patterson asked to be allowed to keep these funds for the Investigations Department and to best utilize them to purchase a vehicle for use by the Crime Scene technicians. Chairman Brian assumed that the Bureau of Justice has approved the shift of the application of the funds. Ms. Patterson verified that this is the case. The public hearing was opened. No public testimony was forthcoming. The public hearing was closed. It was moved to approve the proposed use of funds as required by the granting agency. 5. LAND USE AND TRANSPORTATION 5.a. MO Authorize Filing of Land Use Ordinances Brent Curtis reviewed that staff has had the opportunity over the last few weeks to discuss with the Board the development of the draft work program and to prioritize

9 planning resources for the coming year. He recalled that staff presented to the Board in Worksession a draft work program, in which staff asked for approval to distribute this to the public, CPOs, and the like. Mr. Curtis clarified that staff would ask that any comments be provided by February 12, He intended to place on the Board's February 25, 2003 agenda the opportunity for the public to comment and the Board to deliberate to a final decision about the priorities for work in the coming planning year for ordinances and other associated work. Mr. Curtis said that as part of the draft work program, staff has suggested six items (which are listed on page 2 of the draft work program) that are either previously authorized and are items that are capable of being done expeditiously to allow for an April hearing date for that set of ordinances. He anticipated holding a public hearing on February 25, 2003 and having the Board make final decisions about the filing of land use ordinances at that time. Commissioner Leeper assumed that the work program will also be released to the Planning Commission. Mr. Curtis verified that this assumption is correct. Chairman Brian wished to ensure that the work program would be made available to anyone who calls to ask for a copy of it. He also wondered if the work program would be online. Mr. Curtis assured the Board that anyone asking for a copy of the work program would be provided with one. As to the document being placed online, he indicated that this has not yet been decided but agreed that it is a good idea. It was moved to authorize the filing of land use ordinances for the three ordinance topics described above under the heading of "Ordinance Topics Requiring Board Authorization", as set forth on page 2 of the draft work program. Motion - Schouten Chairman Brian reassured the public that there will be several public hearings on each of these draft ordinances and added that this is only a partial list of the various land use ordinances which the Board will consider. He regarded the process as still wide open and spoke of how interested members of the public can still contact staff or Board members with proposals of ordinance topics. 6. ORAL COMMUNICATION (10 MINUTE OPPORTUNITY) None. 7. BOARD ANNOUNCEMENTS

10 Vice Chair Rogers announced that both he and Chairman Brian will be out of town next week and therefore will not be able to attend the January 28, 2003 Board Meeting. He noted that this creates the need to appoint a Chair Pro Tem for next week's meeting. Dan Olsen indicated that there is a requirement for the Board to appoint a Chair Pro Tem when both the Chair and Vice Chair will be absent. He encouraged the Board to place their consensus on the record. Chairman Brian divulged that Vice Chair Rogers has recommended the appointment of Commissioner Duyck to serve as Chair Pro Tem for the January 28, 2003 meeting. Commissioner Duyck suggested that perhaps Commissioner Schouten could be the nominee for Chair Pro Tem because he is next in line for the position. Commissioner Schouten was very willing to serve as Chair Pro Tem. Dan Olsen clarified that the Chairman makes the official designation of Chair Pro Tem. Chairman Brian appointed Commissioner Schouten as Chair Pro Tem for January 28, 2003 Worksession and Board Meeting, with the consensus of the rest of the Board. Commissioner Schouten reminded everyone to vote on Measure 28. Chairman Brian announced that the meeting next week will be held at 6:30 p.m. in the evening and that Worksession will commence at 2 p.m. that afternoon. (This is the normal fourth Tuesday schedule.) 8. ADJOURNMENT: 10:33 a.m. MINUTES APPROVED THIS DAY 2003 RECORDING SECRETARY CHAIRMAN Washington County Administrative Office 155 N First Avenue, Suite 300 Hillsboro, OR Phone: Fax: to: cao@co.washington.or.us

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