MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS MARCH 27, 2018

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1 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS MARCH 27, 2018 CONVENED: 6:31 p.m. BOARD OF COMMISSIONERS: Chair Andy Duyck Vice Chair Bob Terry Commissioner Dick Schouten Commissioner Greg Malinowski Commissioner Roy Rogers STAFF: Robert Davis, County Administrator Alan Rappleyea, County Counsel Andrew Singelakis, Director, LUT Theresa Koppang, Solid Waste Management Supervisor, HHS Bill Gaffi, General Manager, CWS Chuck Schable, Audiovisual Technician Ana Noyola, Alternate Board Clerk PRESS: None. 1. ORAL COMMUNICATION (2-MINUTE OPPORTUNITY) Dale Feik, District 4, Forest Grove, Oregon, summarized an that he sent to the Board earlier. (Submittal may be found in the Meeting File.) He identified himself as Chair of the Forest Grove City Sustainability Commission. Mr. Feik said that this group is having Knowledge Pubs and the third one--which is entitled Heal the Land, Heal the Climate will be held on Wednesday, April 25, He stated that doors will open at the theater in downtown Forest Grove at 7:00 p.m. and the program starts at 7:30 p.m. Mr. Feik remarked that he is one of many people who despair that our planet is doomed because our leaders consistently fail to take on climate change and other challenges. He said that author Kristin Ohlson argues that leadership is coming from grass roots as farmers and ranchers, working with scientists, discover that they can restore healthy landscapes and reverse generations of damage while producing an abundance of healthy food. Mr. Feik stated that they are working with nature to heal the carbon cycle from the bottom up and the rest of us can do that too. He invited the Board to attend this lecture with like-minded people. Mr. Feik commented that the title of Ms. Ohlson s book is How Scientists, Farmers and Foodies are Healing the Soil to Save the Planet. He declared that Washington County has some of the best soil in the Willamette Valley and 1

2 Tualatin Valley. Mr. Feik said that we should not till it but rather keep it in the ground so that the carbon stays there and nourishes plants to grow. He also sent this information to Peter Brandom, Senior Project Manager, and Dacia Bakkum, Sustainability Project Specialist. Anthony Stuart, Attorney, A. W. Stuart Law, submitted written testimony, which may be found in the Meeting File. He was accompanied by colleague and client, Sheri Ralston, owner of Western Oregon Dispensary and Western Oregon Botanicals. Mr. Stuart had a follow-up and corollary request to a prior request he had made for a minor amendment to the Community Development Code to allow for multiple OLCC license edible processors on the same lot of record. He said that on a follow-up review of the Community Development Code, it was made clear that the processing limitation for OLCC licensees has been curtailed even more now to just transit-oriented employment districts. Mr. Stuart wanted to bring the Board s attention to circumstances that actually exist in the market. He stated that most of the people who want to be processors in order to make edible products for OLCC need to use a commercial kitchen. Mr. Stuart said that commercial kitchens tend to be in areas that are more transit-oriented, retail/commercial as opposed to transit-oriented employment district. Mr. Stuart had another small request relative to Article 3, 375-7, Table A, which simply will expand the permissions for OLCC licensees that have a processor license with an endorsement for edibles to operate in transit-oriented retail/commercial spaces. He said that it is naturally a place for these types of products to be produced; they cannot be sublet or shared with any noncannabinoid product processor. Mr. Stuart asked his requests to be put through in the omnibus ordinance to promote more coherence between Washington County and the remainder of the state. Sheri Ralston, owner, Western Oregon Dispensaries and Botanical Cannabis Producer, told the Board that three of her four cannabis licenses that she currently operates are in Washington County. She understands the reasoning behind limiting process licenses that use high-pressure flammable machinery to process marijuana oils. Ms. Ralston understands the concern concerning public safety and the reason behind not allowing more than one marijuana producer license on a tax lot. In her opinion, condo marijuana grows have no place on agriculture land. Ms. Ralston said that the problem is that limitations in zoning the number of licenses on a tax lot do not make sense to this one secondary processing license that is only for cannabis kitchens. She stated that it is specifically only for edibles and it is a specific license that does not have anything to do with high-pressure flammables or growing. Ms. Ralston said that currently, Washington County has three processing licenses: one makes a cookie, one makes a caramel and one is a high-pressure oil processing facility. As someone in the retail business, she stated that there is a shortage of edibles in the marketplace now. Ms. Ralston testified that her retail store is hurting greatly by not having availability of those products. She said that the shortage is telling because the customers are asking for those. Ms. Ralston informed the Board that Washington County ranks #8 in the number of processing licenses. She went on to say that while it is #2 in population, there are eight other counties that have more processing licenses and she does not see that changing under the current guidelines. 2

3 Ms. Ralston requested a change to current rules on processing licenses within Washington County on the subcategory of edibles only for a cannabis kitchen. She said that we need proportionally equal amounts of edible businesses to supply the licenses already in place for retailers. 2. CONSENT AGENDA Chair Duyck announced the following changes to the Consent Agenda: Items 2.i. and 2.j. are pulled from the Consent Agenda It was moved to adopt the Consent Agenda, as modified. Motion Rogers 2 nd Terry Vote 5-0 CLEAN WATER SERVICES 2.a. CWS MO Direct Clean Water Services to Prepare an Engineering Study and Assessment Report for the Formation of the SW 83 rd Avenue at Garden Home Sanitary Sewer Extension Local Improvement District or Reimbursement District (CPO 3) (Approved Under Consent Agenda) 2.b. CWS MO Accept Construction of Fernhill Parking Lot Improvements Project No and Release Retainage to Lyda Excavating, Inc. (CPO 15) (Approved Under Consent Agenda) 2.c. CWS MO Accept Construction of Fernhill Western Wetlands Vertical Flow Wetland System Project No and Release Retainage to Tapani Inc. (CPO 15) (Approved Under Consent Agenda) 2.d. CWS MO Approve Second GMP Amendment of the Contract for Construction of the Durham O&M Building Remodel Project No with P. & C. Construction Company (CPO 4M) (Approved Under Consent Agenda) 3

4 LAND USE AND TRANSPORTATION 2.e. RO Approve Declaration of Necessity and Protective Rent Payments for Right-of-Way Acquisition for the Walker Road (SW Schendel Avenue to SW Butner Road) Project (CPOs 1, 7) (Approved Under Consent Agenda) 2.f. MO Approve Contract Amendment 1.4 with OBEC for Construction Engineering and Inspection Services for the SW Roy Rogers Road from SW Scholls Ferry Road to South of SW Bull Mountain Road Improvements Project (CPO 4B) (Approved Under Consent Agenda) 2.g. MO Accept Proposals and Award Contracts for Hearings Officer Services (# P) (Approved Under Consent Agenda) 2.h. Mo Acknowledge the Washington County Transportation Safety Action Plan (TSAP) (All CPOs) (Approved Under Consent Agenda) COMMUNITY CORRECTIONS 2.i. MO Authorize Waiver from Request for Proposals Process and Award Contract to Cares Northwest for Trauma Counseling ( W) (Removed from Consent Agenda) HEALTH AND HUMAN SERVICES 2.j. Mo Authorize Intergovernmental Agreement with Oregon Department of Education Youth Development Division for Prevention Program (Removed from Consent Agenda) 2.k. MO Grant Waiver from Request for Proposals Process and Approve Contract Amendment to Provide Third Party Administrative Services for Claims Processing and Approve Funds for Claims Payment ( W) (Approved Under Consent Agenda) 4

5 SHERIFF S OFFICE 2.l. MO Grant Waiver and Authorize Contract Amendment for Jail Mentoring Program Services ( W) (Approved Under Consent Agenda) SUPPORT SERVICES 2.m. MO Authorize Private Sale of County-Owned Real Property Described as 1N131CB, Tax Lot to William A.K. Brede (CPO 7) (Approved Under Consent Agenda) OFF DOCKET COUNTY ADMINISTRATIVE OFICE MO Present the 2017 Harold M. Haynes Award Recipient Kathy Stallkamp, Chair, Committee for Community Involvement (CCI), stated that the Harold M. Haynes Award for Citizen Involvement honors outstanding leadership engaging members in civic affairs. She was pleased to announce this year s recipient: Peggy Harris, Chair, CPO 15 (Blooming and Fern Hill). Ms. Stallkamp said that Ms. Harris has dedicated many years to community engagement, resulting in a number of accomplishments, including: The Farm Watch Program Rural internet access awareness Homeless awareness Quake Up! Ms. Stallkamp stated that Ms. Harris has consistently displayed examples of energetic, participatory, hands-on leadership, determination and a cooperative spirit. She regarded Ms. Harris as well-deserving of this award. The Board and Ms. Stallkamp presented the award to Peggy Harris, while photographs were taken of the group. Audience applause was given. Peggy Harris thanked the Board for the Harold M. Haynes award. She said that being a part of the Community Participation Organization (CPO) has been deeply satisfying. Ms. Harris recognized that she is following so many recipients of this award who have done so much to keep the CPO program going and named a few prior recipients. She appreciated the support of Dan Schauer, Kari Herinckx, Linda Gray, and the Board, who have contributed to keeping the CPO program vital and relevant. Ms. Harris said that young people are returning to Washington County in rural communities to raise their families since it is a great place to live. She stated that they see the importance of strengthening the communities they live in. Ms. Harris told the Board 5

6 that her rural CPO meetings are where neighbors gather to get to know each other and to solve problems when important issues come up, such as local quarry issues, safety issues on Highway 47, earthquake preparedness and rural internet access. She said that her CPO challenge is to engage the many young people and to urge them to take on roles in their local CPO. Ms. Harris named young leaders, who are starting and leading CPOs, as well as running a District 4 Candidate Forum on April 3, 2018 in Forest Grove. She said that at this forum, candidates are arriving 45 minutes early to speak to a Forest Grove youth group. As a teacher in Hillsboro for many years and a 4-H leader for 30 years in Washington County, Ms. Harris was excited about the opportunity the CPO program has to begin a dialogue with high school students and younger citizens about issues that are important to CPOs, such as how to preserve the rural nature of western Washington County, how to deal with issues surrounding gun violence, how to deal with immigration issues and how to deal with pressures on the Urban Growth Boundary. She indicated that these are all topics that affect the way of life in western Washington County and are going to make these young people want to stay in Washington County. Ms. Harris was proud of the next generations coming up and wished she was 40 years younger so that she could be a part of all the great things CPOs and the youth are going to do. Chair Duyck remarked that everyone is impressed with the work done by Peggy Harris through the years. He noted that it takes one vibrant person to take on an organization as her own to give it life and Ms. Harris has done that with the CPO in western Washington County. Vice Chair Terry said that it has always been fun working with Peggy Harris and participating in her CPO. He observed that it is always very well organized and attended. 3. PROCLAMATION OFFICE OF COMMUNITY DEVELOPMENT 3.a. MO Proclaim April 2 April 6, 2018 as National Community Development Week in Washington County The Alternate Clerk of the Board read the proclamation into the record. It was moved to authorize the Chair to execute the proclamation to recognize National Community Development Week and authorize copies to be sent to the County s Congressional Delegation. Motion Schouten 2 nd Malinowski Vote 5-0 Commissioner Schouten commented that he has had the privilege and honor to be the County s representative on the Community Development Block Grant and HOME committees, which have contained a group of Mayors and City Councilors. He said that they have worked over the years to look at various proposals and both funds vest a fair amount of discretion to figure out where 6

7 The money can best be spent. Commissioner Schouten stated that typically, matching dollars from other sources have been garnered. He hoped these programs continue, as noted in the proclamation. 4. BOARDS AND COMMISSIONS 4.a. MO Appoint Member to the WCCLS Executive Board, West Slop Library Representative It was moved to appoint Dr. Douglas Bigelow as the West Slope Library member of the WCCLS Executive Board for the term of April 2018 through March Motion Rogers 2 nd Schouten Vote ACTION HEALTH AND HUMAN SERVICES 5.a. RO Approve Solid Waste and Recycling Interim Rate Surcharge Theresa Koppang proposed surcharges as a result of the cost of processing curbside recycling, which has risen dramatically since 2017 and is projected to continue to rise through She reviewed that in July of 2017, China notified the World Trade Organization that it would be severely restricting the amount of material and kind of material that it takes worldwide for recycling. Ms. Koppang said that these new restrictions that have been imposed by the Chinese government on recycling material have created an enormous disruption in the recycling markets. She stated that China was the largest buyer of our material and has actually stopped buying our material as of January 1, Ms. Koppang said that when this was first announced, there was uncertainty as to whether or not these restrictions would remain in place and whether they would be enforced. She stated that we were hopeful that China would reconsider and decide to purchase our material; however, that has not been the case. Ms. Koppang stated that that is one of the biggest factors that has contributed to these rising costs and to the big disruption to the markets. She said that there are other reasons for the disruption and the higher costs. Ms. Koppang explained that the size and circulation of newspapers has changed dramatically over the years and that used to be a very valuable commodity and has become less and less a part of the recycling waste stream. She said that we have lost mills in Oregon and Washington; they had been an end market for our pulp. Ms. Koppang stated that the kinds of plastics from the manufacturing sector have changed over the years and the resins have become more complex and harder to recycle. She said that we have also had an over-reliance on one end market and an increasing problem with contamination in our recycling bins. Ms. Koppang stated that our recycling processing facilities have not kept pace with the needed advancements for these new challenges in processing. 7

8 Ms. Koppang told the Board that staff would normally conduct a full rate review analysis between March and June and come back to the Board for any rate changes typically effective in July. She said that based on these unprecedented cost increases, the Board has reviewed this information and approved an expedited process to analyze the need for a monthly collection surcharge. Ms. Koppang stated that staff considered several options for adjusting the amount of revenue collected through rates to provide some expedited rate relief and the County Haulers Association also proposed some alternatives. She said that the surcharges being proposed are an interim measure and are designed to provide sufficient revenue to the collection system to cover these record-high costs that are the result of this significant recycling market disruption. Ms. Koppang stated that staff will conduct its normal full rate review and return to the Solid Waste Advisory Committee and then come to the Board later in 2018 with a full set of findings and further proposed rate adjustments, should the analysis indicate that it is warranted. Based on the staff s findings, the following interim changes to rates are recommended and would become effective April 1, 2018: A monthly surcharge of $2.00 for residential and commercial can/cart collection service A monthly surcharge of 4.0% for commercial container service collection rates A monthly surcharge of $2.00 for drop box/compactor and commercial recycling-only can/cart recycling collection service and a monthly surcharge of 4.0% for additional container recycling collection service Generally, no changes to all other collection rates Ms. Koppang asked the Board to approve these proposed surcharges by adopting the Resolution and Order. Chair Duyck recalled Ms. Koppang mentioning the timing during today s Worksession and whether that would work out for billing. He observed that this takes effect on April 1 st and asked staff to address that. Ms. Koppang explained that the Haulers typically bill on a two-month billing cycle. She said that one of the largest Haulers will be sending out a bill in the first part of April. Ms. Koppang said that it will not yet reflect the $2.00 surcharge; however, they will be sending direct mail pieces to each of their customers alerting people to this surcharge increase. She stated that when this April customer gets their next bill, it will reflect the surcharge. Ms. Koppang summarized that there will be notice but on the bill itself it will be somewhat delayed. Commissioner Schouten asked for clarification that this $2.00 residential surcharge is for each household rather than for each container/can. Ms. Koppang affirmed that it is $2.00 per account. Chair Duyck assumed that this will not affect how staff calculates its annual rate review. He wondered if this will complicate that. 8

9 Ms. Koppang replied that as a source of revenue, it will contribute to our calculations. She said that it is being treated as a surcharge and so staff will look at it in isolation and will also do an independent review without the surcharge. It was moved to approve the rates proposed by the Department of Health and Human Services by adopting the Resolution and Order. Motion Rogers 2 nd Terry Vote 5-0 Commissioner Rogers remarked that nobody wants this to happen; the industry does not want it to occur and we certainly do not want our ratepayers to pay this. However, he pointed out that there is no option. Commissioner Rogers explained that when there is no market for the product, suddenly everyone s costs go up. He said that it is just the reality of dealing with issues with foreign entities. In Commissioner Rogers opinion, we need to solve our own problem in the United States and figure out how to use the products here so that we do not have to ship everything overseas at the complete whimsy of what that market might be. Letter from Beth Vargas Duncan on behalf of the Washington County Haulers Association may be found in the Meeting File. 6. ORAL COMMUNICATION (5-MINUTE OPPORTUNITY) Dale Feik, District 4, Forest Grove, Oregon, said that as Chair of the Forest Grove City Sustainability Commission, he has led this group in talking about recycling and he also brought back to them comments the Board has made during Worksession. He stated that Paul Downing is staff liaison to his Commission and the City of Forest Grove and City Council are very concerned about this. Relative to manufacturing, Mr. Feik wanted the Board to expect industry to change processes so that less waste is to be disposed of. He expected industry to take back the packaging of materials. Mr. Feik expected also that materials would not be designed to be discarded out of use so quickly. He said that one way would be to make it so that they can exchange parts between different manufacturers. Mr. Feik asked the Board to think about putting pressure on industry to change some of their processes so that ratepayers do not have to pay this higher rate of disposing of recycled material. He hoped that politicians would get the political will to try to do that. Mr. Feik believed that industry needs to pay their fair share. As Chair of Washington County Citizen Action Network, Mr. Feik informed the Board that this group will meet on Monday, April 30, 2018 from 6:00 to 8:00 p.m. He invited the Board to attend this non-partisan group meeting. Mr. Feik reviewed that WC CAN wrote a 15-item questionnaire for the eight people running for the three vacant positions on the Washington County Board of Commissioners. He expected candidates to provide him with their questionnaire so he can post it on his webpage. Mr. Feik said that the next meeting will take 9

10 place at the Tualatin Soil and Conservation District. He stated that John McDonald offered to give Mr. Feik and attendees a tour right before the meeting on April 30 th. Mr. Feik expected some of them to also attend the Knowledge Pub in Forest Grove. Tom Black, 870 NW Garibaldi Street, Hillsboro, Oregon, attended a meeting at the Fair Complex at the beginning of this month. He specified that the topic of interest was the Event Center, which has been proposed by the County, and the RV Park. Mr. Black heard the Hillsboro Planning Commission review that and they did not have a final layout of the site. He has witnessed a lack of public process thus far and this has not let the public see the project that they did not approve in previous bond measures. Mr. Black said they were going to be spending roughly $45 million. He attended the Fairgrounds Advisory Committee (FAC) meeting on March 1, Mr. Black said that representatives who are supposedly stakeholders sit on that Committee and are selected by the Board. He stated that those individuals do not necessarily go back to any groups such as CPOs to report what they find out or give feedback to the FAC. Mr. Black said of the presentation by LRS (selected architect) that there was only a brief presentation and no opportunity to ask questions. He asked questions of the LRS architect in the parking lot to find out where these concepts were coming from. Mr. Black said that there was an aircraft motif that was pushed during the whole meeting and the building has a futuristic, airport look to it. His point was where these ideas came from and the architect told him they came from the County staff not from the citizenry, open houses or a public process. Mr. Black recalled that when he was with CPO 9, they brought both sides of a story together so that people could judge for themselves. He concluded that that is not happening here. Mr. Black reiterated that the current design does not have any public input. He stated that apparently, the RV park is not proceeding. Mr. Black recalled that that was presented as a package, as if vendors would use that while staying at the Event Center but added that it is apparently off the table now because every nickel is needed for the $45 million package that appears to have problems with the math. He said that within this ongoing planned unit development review that most people do not even know about, they can call Chris Berry at (503) or him at chris.berry@hillsborooregon.gov. Mr. Black did not expect many people to do that and said that the file is very thin as far as comments. He stated that when the City of Hillsboro approved the PUD in their session, there was no testimony or written comment. Mr. Black said that most people are not participating because they do not even know in some cases what a Commissioner is and people do not know a lot about their government. He stated that when the combined City and County are spending $45 million, that should involve public comment and public decision-making as to the motif and design of the building. Mr. Black maintained that no discussion has been happening. He said that the project was not approved by the voters. Mr. Black stated that the money is coming from Gain Share for the next ten years about $22 million. He said that then you add in the gift from the City of Hillsboro (an open purchase order that was rushed through in the middle of the night at the last session at the end of the last year). Mr. Black stated that there is a reference to the $45 million in the recitals of the IGA. He said that if the City has $8 million up to their amount of gifting, along with the $22+ million, that comes to about $32 million. Mr. Black asked where the other $13 to $15 million is coming from if there is $45 million in total budget cost with soft and hard costs, He found this a little suspect. Mr. Black protested that the math is not adding up and the people are not being included in the process. He concluded that something is not right here. Mr. Black said it is almost as if its own private development is 10

11 moving forward and the public will see it when government tells them it is ready to be seen. He thought that government is about inclusiveness, transparency and said that that is not happening. Commissioner Malinowski said that someone asked him this week to go over the math regarding where the money is coming from for the Event Center. He asked staff for a spreadsheet showing where the money is coming from exactly. Chair Duyck thought that should be easy to get. He was aware that that spreadsheet has been available several times. Commissioner Malinowski stated that it would be nice to have so that he can talk to citizens. Chair Duyck said that part of the reason he did not respond to this testimony is because there is so much thrown out there that has no basis in fact. He stated that we would be spinning our wheels forever to address it in this forum. Chair Duyck said that if a person wants to know the truth, we have that information and there are no secret meetings about it. He stated that if a person chooses not to want to know the truth, we could argue all day about it and it won t do any good. Chair Duyck informed Mr. Black that that information is available and he should certainly have it, as well as everybody else who wants it including those watching today. Commissioner Schouten recalled that one of the first times he saw the designs for the Event Center was in a public setting at Worksession. Chair Duyck said that the Board did appoint a Fairgrounds Advisory Committee made up of people who know real estate, construction and a variety of things including the airport so that it does not interfere with their operations. He stated that the Board appointed that committee to make some decisions and that committee created a subcommittee, which over many months went through the design and chose the one that is out there. Chair Duyck went on to say that it will ultimately be approved by the Board but there is no secret to it. He said that if you wanted to do an expansive project and open it up to the public, we all know what happens when you make soup with too many cooks. Chair Duyck commented that you do not get very good soup. He explained that somewhere you have to have a committee and people empowered to make a decision and bring it before the Board. Chair Duyck explained that that is the process. Commissioner Malinowski asked if we had a formal open house for the public. Robert Davis said that he will have to check with Rob Massar, who is on spring break this week but who has been the point person from the County Administrative Office working on this each step along the way. Commissioner Malinowski stated that we do not always make a big effort to pull the public into a Worksession but an open house would help. 11

12 7. BOARD ANNOUNCEMENTS Chair Duyck announced the Board schedule for next Tuesday: 8:30 a.m. Worksesssion 10:00 a.m. Regular Meeting Commissioner Schouten mentioned that Worksessions are publicized and put on the County website. He remarked that those are hardly secret. Commissioner Malinowski said it is not like we put a big banner in the paper but acknowledged that if you subscribe, it is available. Commissioner Schouten reiterated that notice is on the web. He noted that more and more notices and newspapers are becoming increasingly anachronistic. 8. ADJOURNMENT: 7:15 p.m. Motion Terry 2 nd Malinowski Vote 5-0 MINUTES APPROVED THIS DAY 2018 RECORDING SECRETARY CHAIRMAN 12