MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS JANUARY 26, 2010

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1 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS JANUARY 26, 2010 CONVENED: 6:37 p.m. BOARD OF COMMISSIONERS: Chairman Tom Brian Vice Chair Desari Strader Commissioner Dick Schouten Commissioner Roy Rogers Commissioner Andy Duyck STAFF: Robert Davis, County Administrator Dennis Mulvihill, Government Affairs Manager Dan Olsen, County Counsel Joanne Rice, Principal Planner, LUT Robert Hermann, District Attorney Gina Skinner, Deputy District Attorney Rob Gordon, Sheriff Donald Letourneau, Judge LaDonna Burgess, Director, Domestic Violence Resource Center Rhonda Smith, Domestic Violence Resource Center Bill Gaffi, General Manager, CWS Bob Cruz, Deputy General Manager, CWS Linda Gray, CPO Coordinator Jim Thiessen, Audiovisual Technician Barbara Hejtmanek, Recording Secretary PRESS: Kurt Eckert, Hillsboro Argus 1. CONSENT AGENDA Chairman Brian announced the following modifications to the Consent Agenda: Item 1.b. is removed, at the request of staff. There are revised items 1.c. and 1.d., which provide specific names of appointees.

2 It was moved to adopt the Consent Agenda, as modified. Motion Rogers 2 nd Strader Vote 5-0 CLEAN WATER SERVICES 1.a. CWS MO 10-6 Approve Second Amendment to the Governmental Affairs Consulting Services Contract for the Tualatin Basin Water Supply Project (All CPOs) (Approved Under Consent Agenda) 1.b. CWS MO 10-7 Adopt the North Bethany Subarea Drainage Master Plan (CPO 7) (Removed From Agenda) LAND USE AND TRANSPORTATION 1.c. MO Appoint Representative to West Bull Mountain Technical Advisory Committee (CPOs 4B, 4K & 6) (Approved Under Consent Agenda) 1.d. MO Appoint West Bull Mountain Planning Stakeholder Work Group Members (CPOs 4B, 4K & 6) (Approved Under Consent Agenda) COUNTY ADMINISTRATIVE OFFICE 1.e. RO Adopt Supplemental Budget for Fiscal Year (All CPOs) (Approved Under Consent Agenda) 1.f. MO Adopt the Fiscal Year Budget Policy (All CPOs) (Approved Under Consent Agenda)

3 DISTRICT ATTORNEY OFFICE 1.g. RO Accept Department of Justice Child Abuse Multidisciplinary Intervention Funds, Modify Budget Appropriations for the District Attorney s Office, Approve.25 FTE Increase and Grant Waiver of RFP Process for Child Abuse Assessments at CARES Northwest (Approved Under Consent Agenda) SUPPORT SERVICES 1.h. MO Approve Contract Amendment to Increase Contract Expenditure for Total Solutions (Approved Under Consent Agenda) 2. ORAL COMMUNICATION (2 MINUTE OPPORTUNITY) Jonathan Pearce, SW Starlight Drive, Sherwood, Oregon, submitted a packet of information, which may be found in the Meeting File. He told the Board that he has a small family farm off Highway 219, toward Newberg. Mr. Pearce has been investigating renewable energy for his farm. One of the things he has looked into has been wind turbines. Mr. Pearce stated that the Washington County Community Development Code (CDC) does not have any land use ordinances for non-commercial wind energy systems. He referred to small wind turbines that are used to offset the electricity usage at a rural residence or farm. Mr. Pearce thought that the Board might have seen such a turbine in Yamhill County near McMinnville on Highway 18. He asked the Board to consider adding a land use ordinance for non-commercial wind energy systems to the 2010 work program. Mr. Pearce stated that his handout summarizes the benefits to the homeowner, to Washington County and to Oregon and attempts to address some misconceptions. He indicated that he also distributed copies of two case studies by the Energy Trust of Oregon one for a 10 kw turbine that meets 25% of a farm s usage and the other for a 1.5 kw turbine for a family that along with solar panels meets about 55% of the family s usage. Mr. Pearce mentioned that he also submitted a copy of a renewable energy ordinance amendment recently approved in Polk County and a small wind turbine handbook outlining California s experience. Chairman Brian said that the Board will forward this information to Land Use and Transportation staff for their review. Vice Chair Strader asked if Mr. Pearce is prohibited from moving forward with a small community wind project until Washington County has that in its code. Mr. Pearce responded in the affirmative. He added that he has spoken to the Planning Department and learned that they could not find an applicable ordinance.

4 Steve Carpentier, SE Squaw Mountain Road, Estacada, Oregon, submitted a handout, which may be found in the Meeting File. He represented Energy Unlimited and hoped to act as a general contractor for Jonathan Pearce in putting up a small residential wind turbine. Mr. Carpentier spoke to the benefits to Washington County of adopting a code change that would allow easier placement of these wind turbines. He acknowledged that there are misconceptions regarding safety, noise and the visual aspect of the turbines. Mr. Carpentier remarked that these have come a long way, have gotten a lot smaller, are substantially quieter and are engineered with great margins of safety to protect the people that own them. He also spoke of the impact this would have to Washington County in terms of the economy. Mr. Carpentier said that getting green energy in Oregon has been a huge boost to the economy and he wished to bring this to Washington County. He stated that at the present time, this is prohibited by the building codes. Mr. Carpentier reported that a lot of incentive money is being spent and he wanted to spend some of that in this area. Chairman Brian thanked the speakers for bringing this to the Board s attention. Commissioner Schouten asked if any state laws could be a problem here with respect to land use and farming areas. Mr. Carpentier replied that that is not the case because the state refers back to the county. He said that he is working on a project in Yamhill County, where there is a simpler, cheaper process that goes through a land use hearing. Mr. Carpentier commented that it is much more expensive and there is a more extensive process in Washington County. He wanted to take this to the level of distributed wind, where more people have this. Mr. Carpentier said that it will be hard if there has to be a land use hearing on each system. Vice Chair Strader stated that the answer to Commissioner Schouten s question is that it depends on the size of the project. She said that if you are talking scale, yes, there are state land use laws that you would have to work in conjunction with. However, Vice Chair Strader recognized that the speaker is talking about community wind individual residential. Mr. Carpentier responded that the Vice Chair is correct. He said that Oregon offers quite a bit of incentives from the state government to actually install the wind turbines and that the state is doing as much as possible to allow these. Commissioner Duyck asked if a permit is even needed in the absence of a specific exemption and, if so, what triggers that permit. Joanne Rice explained that the way the code is written, if you are not specifically identified as a use, you are therefore prohibited. She said that staff would need to look at making some amendments to the code. Ms. Rice stated that staff would identify this as

5 something for the Board to consider placing on the work program. She offered to talk to the speakers following the meeting so that she could explain how amending the code works in Washington County. Chairman Brian assumed that this would get into issues of noise, height, setbacks, and so forth. He was thinking of the communication towers. Ms. Rice said that that was the first thing she thought of also. 3. PROCLAMATION 3.a. MO Proclamation of January 2010 as Stalking Awareness Month The Clerk of the Board read the proclamation into the record. Robert Hermann, District Attorney, appeared in support of the stalking proclamation. He said that this is a very serious concern in our society today. District Attorney Hermann introduced persons in the audience, who are closely involved with stalking issues in Washington County: Judge Donald Letourneau. This member of the bench has an interest in and treats the matter of stalking, along with the processes and procedures, very seriously. Rhonda Smith, Domestic Violence Resource Center, works in the Victims Advocacy Center. She helps stalking victims in a variety of ways. Gina Skinner, Deputy District Attorney, is one of the most expert lawyers in the state on stalking issues. She has been involved at the legislative level and is actively involved in training police officers in the state relative to stalking issues and the stalking law. Deputy District Attorney Skinner is also involved in the prosecution aspect. LaDonna Burgess, Director, Domestic Violence Resource Center. District Attorney Hermann emphasized that he and the Sheriff represent the law enforcement aspect of this issue. However, he said that the issue is far widespread beyond the law enforcement perspective of an involvement in stalking issues. District Attorney Hermann stated that community awareness is critical, as are partnerships with the non-profit organizations. He said that victim advocacy workers are essential to dealing with the stalking problem. Having been a prosecutor for over 35 years, District Attorney Hermann was aware that only in recent years has stalking been legally recognized. He reviewed that in the past, the facts surrounding stalking were shoehorned into other laws. District Attorney Hermann reported that in recent years in this state and nationally, far greater attention has been paid to the seriousness of stalking matters. He informed the Board that very recently in Washington County, we have gotten laws that allow a victim to apply for a civil stalking order without police involvement. (This service is available on Monday, Wednesday and Friday.) District Attorney Hermann said

6 that stalking is unique in that there are both civil and criminal processes for this crime. He acknowledged that it is critical that all partners work together to try to provide the best services for stalking victims. District Attorney Hermann reported that in 2009, there were 254 protective stalking orders obtained in the county 210 by women and 44 by men. He said that the stalking he has seen primarily evolves around domestic violence circumstances. However, he has been told that the cases that get to his office are almost 50/50, with stalking cases involving neighbors, people with mental health issues, in addition to the types of cases that usually come to mind. Sheriff Rob Gordon thanked the Board for this proclamation. He said that it is really important for government to recognize this vital work that people are doing. Sheriff Gordon said that his job is to speak for the police officers in the county. He stated that if someone happens to be watching this meeting and has a member of their family or a friend who may be victimized in this way, he would like to encourage them to take advantage of the resources in the community. Sheriff Gordon urged those persons to contact their police agency, the Sheriff s Office or to send him an . He promised that resources would be sent their way and that law enforcement would try to help with that issue. Sheriff Gordon thought back over the last couple of months, when there have been several homicides and suicides related to domestic violence many of them with stalking-like behavior. He reported that over just a few weeks, there were 13 of those victims in Washington County. The Sheriff could not recall this number happening before in that space of time. He said that little things, such as this proclamation, can help people be aware of it and perhaps keep an eye out for their family members and neighbors. Sheriff Gordon encouraged people to do that. Chairman Brian stated that our victims assistance program and domestic violence assistance programs are unequaled in the state. He recognized that stalking has to be very frightening for the victims of it. Chairman Brian was aware that stalking often turns dangerous as well. He remarked that the Board is happy to increase the awareness of the resources that are available. Chairman Brian thanked District Attorney Hermann, Sheriff Gordon and all of the staff for doing such a good job on this. Commissioner Rogers also wished to recognize the partners we have in the non-profit sector, who are providing valuable service also. Vice Chair Strader said that as Sheriff Gordon knows, she was actually the recipient of these services provided by Washington County when she took her position on the Board. She addressed Judge Letourneau and asked that we close the loophole. Vice Chair Strader explained that the loophole she is referring to is that even though you may have a restraining order, the Courts do not have to contact you when it is lifted. She said that when you are a victim of domestic violence and stalking, it is a terrifying experience to know that you are not going to be contacted when the person is out or when their restraining order has been lifted. Vice Chair Strader stated that she will be working very hard in this legislative session with Representative Mitch Greenlick to help close that loophole. She hoped to have support from county partners on this. Vice Chair Strader

7 testified that Washington County s help was incredible for her. She could only say the best about the Sheriff s Office because she felt protected and they answered her call. Vice Chair Strader publicly thanked Sheriff Gordon. Commissioner Schouten mentioned that he learned from the proclamation that stalkers are using increasingly sophisticated devices to track their victims. It was moved to approve the proclamation. Motion Rogers 2 nd Duyck Vote PUBLIC HEAIRNG LAND USE AND TRANSPORTATION 4.a. RO Annexation to Tualatin Hills Park & Recreation District (WA-1509) (CPOs 1, 6 and 7) Joanne Rice indicated that this is the second required public hearing for an annexation of 22 parcels into the Tualatin Hills Park & Recreation District. She said that on January 5, 2010, the Board approved the annexation, subject to holding the second hearing to determine if there was a need to set an election. Ms. Rice stated that as of this date, no one in the district has requested an election. She therefore recommended that the Board adopt the Resolution and Order that would finalize the annexation, with its effective date today. Ms. Rice read a statement into the record, as required by state law. The public hearing was opened. No public testimony was received. The public hearing was closed. It was moved to adopt the Resolution and Order declaring and ratifying the annexation. Motion Schouten 2 nd Strader Vote ORAL COMMUNICATION (5 MINUTE OPPORTUNITY) Cherry Amabisca, NW Bishop Road, Hillsboro, Oregon, submitted a handout, which may be found in the Meeting File. She thanked the Board for its patience through the reserves process. Ms. Amabisca said that the Board members are the only elected

8 officials for citizens who live in unincorporated Washington County and indicated that citizens appreciate the Commissioners listening to them about this topic. She expressed a concern with areas that are currently proposed as urban and undesignated: 8B and 8F-S. (These areas are both next to Helvetia Road; one represents the two Standring parcels and the other is the undesignated land next to it.) Ms. Amabisca understood that most of the Commissioners have formed positions and are not likely to change them. She said that she respects that but wants to make sure we all understand what could happen. Ms. Amabisca indicated that her packet includes a Productivity of Land chart that is in the Economic Mapping Study that was presented throughout the summer. She recalled that Hillsboro participated in this. Ms. Amabisca referenced the area north of Highway 26 called subarea 1 (about 642 acres), which is similar to the number of acres that are proposed to be undesignated right across from them. She stated that this subarea has the lowest economic productivity when you compare it to the area south of Highway 26. Ms. Amabisca mentioned that this is 2005 data and predicted that the numbers today are a lot lower. She cited statistics to support that assertion. Ms. Amabisca said that a lot of this is due to the location of subarea 1. She stated this is pretty far out and is not in a great location. Ms. Amabisca noted that there is no high tech cluster anchor, transportation options, community, amenities, etc. She explained that putting these buildings out in the middle of what was farm land is just not a draw for tech employers. Ms. Amabisca said that the area has low paid jobs in the pizza places, warehouses and churches. Her concern was that right across the road with urban reserves and undesignated the goal for Hillsboro is to have that as industrial use. Ms. Amabisca felt that Hillsboro will achieve better economic value by putting its infrastructure dollars south of Highway 26, where the area is more built up. She now referenced a set of photographs in her submittal and said that this is what we will end up with by extending the undesignated area toward North Plains. Ms. Amabisca described half vacant buildings right along the freeway and said this will continue for another five miles when the area along the freeway is developed. She reported that kids in their 20 s testified last week to Metro Council that their legacy will be this view along the freeway versus the view pictured at the bottom of her series of photographs. Ms. Amabisca said that when you designate urban reserves for Mr. Standring s property because of the interchange, the tax payers will be paying a higher amount to buy him out versus the lower amount if it was rural reserves. She stated that there seems to be an issue whether area 8B has to be urban reserves or not to do the interchange. Ms. Amabisca was aware of the controversy regarding that issue and said that she has spoken to Commissioner Duyck about that. Chairman Brian recognized that it would be dishonest to say that after two years, things are not firming up and that some people have reached conclusions that won t move. He

9 explained that the reason that 8F-BK, 8F-NP, and 8F-W are undesignated is because they did not technically meet the rural reserves due to slopes, trees, etc. However, based upon some testimony that he has heard over the past couple of weeks, some feedback from Metro staff, and from talking to Commissioner Duyck, he said that it is possible that we will look at that and designate it rural. Chairman Brian acknowledged that we have been criticized, particularly by folks out of the county, for designating too much rural. He commented that no one has answered his question of what the downside is to designating rural areas and forest lands as rural. Chairman Brian stated that it could make sense to make the little white fingers that are here and there as rural. He said that this includes some of the territory on Ms. Amabisca s map. Chairman Brian wanted to leave a process available to Banks and North Plains, who are outside of Metro s boundary. Chairman Brian regarded this as almost a sovereignty issue. He said that they may want to participate in an urban/rural reserves program, which they do not have to do. Chairman Brian stated that they can go through a very extensive process on their own, which has to be approved by the county and then proceeds to LCDC. He said that to move rural reserves up against their boundaries pre-empts their process. Chairman Brian believed that their citizens ought to be able to participate, even if they may not get this or that. He said that other than a perimeter around those two cities, we are looking at converting some of those fingers of undesignated to rural. Ms. Amabisca was pleased to hear that. She believed that Banks and North Plains would obviously support that. Ms. Amabisca heard Mayor Hatcher testify at Metro last week that he would endorse that. She reported that they are talking about outside of their aspirations. Ms. Amabisca felt that we are in agreement on the large fingers of land. 6. BOARD ANNOUNCEMENTS Chairman Brian urged people to vote today and thanked everyone who did exercise their right to vote. 7. ADJOURNMENT: 7:13 p.m. Motion Strader 2 nd Schouten Vote 5-0 MINUTES APPROVED THIS DAY 2010 RECORDING SECRETARY CHAIRMAN

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