MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS OCTOBER 4, 2011

Transcription

1 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS OCTOBER 4, 2011 CONVENED: 10:05 a.m. BOARD OF COMMISSIONERS: Chair Andy Duyck Vice Chair Roy Rogers Commissioner Dick Schouten Commissioner Greg Malinowski Commissioner Bob Terry STAFF: Robert Davis, County Administrator Alan Rappleyea, County Counsel Loretta Skurdahl, Sr. Assistant County Counsel Brad Anderson, Sr. Assistant County Counsel Andrew Singelakis, Director, LUT Andy Back, Principal Planner, LUT Steve L. Kelley, Senior Planner, LUT Theresa Koppang, Solid Waste Supervisor, HHS Bill Gaffi, General Manager, CWS Nora Curtis, Engineering Division Manager, CWS Margot Barnett, CPO Coordinator Jim Thiessen, Audiovisual Technician Barbara Hejtmanek, Recording Secretary PRESS: Dana Tims, The Oregonian 1. CONSENT AGENDA It was moved to adopt the Consent Agenda. Motion Rogers 2 nd Malinowski

2 CLEAN WATER SERVICES 1.a. CWS MO Approve Amendment to the Murray Village (Jenkins-Walker) Sanitary Sewer Intergovernmental Agreement with the City of Beaverton (CPO 1) (Approved Under Consent Agenda) ASSESSMENT AND TAXATION 1.b. RO Board Order Rescinding Order #10-93 and Authorizing Cancellation of the Comcast Tax Appeal Reserve Account (Approved Under Consent Agenda) COMMUNITY DEVELOPMENT 1.c. MO Approve Home Investment Partnerships (Home) Project Agreement with Community Housing, Inc. for Maples I Apartments (Approved Under Consent Agenda) HEALTH AND HUMAN SERVICES 1.d. MO Accept Intergovernmental Agreement with the State Department of Human Services for Funding to Provide Disability & Aging Services in Washington County (Approved Under Consent Agenda) JUVENILE SERVICES 1.e. MO Authorize Grant Funding and Intergovernmental Agreement with the State of Oregon for Juvenile Drug Court (Approved Under Consent Agenda) SUPPORT SERVICES 1.f. MO Accept Bid/Award Contract for the Removal and Replacement of Air Handlers ARRA Project (Approved Under Consent Agenda)

3 2. ORAL COMMUNICATION (2 MINUTE OPPORTUNITY) Pavel Goberman, Beaverton, Oregon, informed the Board that he is a candidate for U.S. Representative First Congressional District in the coming November election. He was concerned about federal spending. Mr. Goberman said that yesterday, he went to the office of the Community Action Organization. He stated that he had not had luck getting through to that office on the telephone. Mr. Goberman said that he did not want to speak to the receptionist or secretary but rather insisted on seeing the Office Manager. He stated that after repeatedly asking to speak to another person, he was asked to leave. Mr. Goberman questioned that this could happen in the United States. He alleged that three employees at Community Action Organization do nothing. Mr. Goberman recommended that the Board organize a forum of candidates running for U.S. Representative. Commissioner Malinowski asked Mr. Goberman to send him written testimony because between his hearing and the speaker s accent, he could better evaluate the comments in writing. Mr. Goberman intended to his testimony. 3. BOARDS AND COMMISSIONS 3.a. MO Announce Vacancies on Boards and Commissions Chair Duyck announced vacancies on the following Boards and Commissions: Enhanced Sheriff Patrol District Budget Committee Urban Road Maintenance District Budget Committee North Bethany County Service District Budget Committee Fair Board Fairgrounds Advisory Committee The Chair encouraged interested persons to submit applications to the County Administrative Office. OFF DOCKET CLEAN WATER SERVICES CWS RO Declare Necessity and Purpose for Acquisition of Easements Across Certain Real Property and Authorize Clean Water Services to Proceed with Condemnation Action for Completion of the North Plains East Trunk Extension Project No This item was continued to today at last week s meeting. Nora Curtis said that this item is a declaration of necessity to acquire easements for the construction of the North Plains East Trunk Extension, which is a gravity sewer project

4 serving areas within the east side of North Plains. She stated that the properties that are under question are within the city limits of North Plains. Ms. Curtis said that the existing area within the city will be served by this extension, which does go outside the city limits of North Plains in an area that is currently undesignated neither rural nor urban reserves. Chair Duyck noted that at Worksession today, Commissioner Malinowski requested that this item be placed on the Regular Agenda. Commissioner Malinowski said that one reason this is being done this way is to size it to accommodate some future growth. He stated that this is an economy measure. Commissioner Malinowski remarked that it is not the pipe that is expensive but rather the installation of the pipe that is expensive. He noted that several people have raised the concern that this pipeline might, because it passes through certain properties outside the Urban Growth Boundary, make it problematic to deny adding those areas to the urban area in the future because money was spent on the pipeline. Commissioner Malinowski wanted to be on record saying that we are not going to consider the existence of this pipe as a reason to add these properties to the Urban Growth Boundary. He added that there is another process for proving the necessity of that and he did not want to suggest that these people will have a leg up on getting into the Urban Growth Boundary because that is not the case at all. Nora Curtis stated that there has been no discussion with the property owner that is outside the city limits about any desire to be in the city limits or have urban development. She said that it is currently a farming operation and the pipeline is specifically located in accordance with that property owner s wishes to continue farming. Ms. Curtis clarified that the location of the pipe is to specifically allow the agricultural use to continue. Commissioner Malinowski appreciated that we are deferring to the farmer on that. He said that there was some concern because it was suggested that some of the cost of condemnation would not occur to Clean Water Services because the people were willing to trade the easement for future access to sewer line. Commissioner Malinowski wanted to make it clear that we are not talking about any of the areas in the undesignated area being included in that. Nora Curtis said that the property owner also owns land that is within the current city limits of North Plains. She stated that as part of the construction of this project, there is a small segment of line that will be built and that line which will serve areas currently in the city limits is what is being done in exchange for the easement on the rural pieces. Commissioner Terry said that from a topography standpoint, if you were to re-route that through just the existing Urban Growth Boundary area, the costs would be considerably more because of the topography and additional pumping stations that you would have to have. He stated that as the existing Urban Growth Boundary area grows, additional

5 pipeline would be needed in the future. Commissioner Terry said that going back in and re-doing another pipeline or enlarging an existing pipeline would be malfeasance to good management. Nora Curtis regarded that as a fair assessment. She said that the existing system within the City of North Plains does not have adequate capacity for the proposed future development. Ms. Curtis stated that this extension of gravity sewer also allows us to decommission and take off-line an existing pump station which is an efficiency measure for the District. Commissioner Schouten noted that a pump station: Is more expensive to operate over the long run Uses electricity or other power sources Is not as reliable Has ongoing operating issues as opposed to gravity flow Commissioner Schouten said that there is nothing extraordinary about having utility lines, whether they be water, sewer or other kinds of utility lines, going through rural areas. He noted that they necessarily have to in order to serve urban areas, in the case of water lines. Commissioner Schouten stated that in the case of sewer lines, we don t just have the Portland Metro/Washington County piece of the Urban Growth Boundary to be concerned about; we have other areas that have UGBs and Clean Water Services has an obligation to serve those areas as well. He concluded that in some cases, extraterritorial pipelines are absolutely required and are cost-effective. Commissioner Schouten said what is key is that we are not allowed to, nor would we want to provide, urban services outside urban areas because those lines happen to go through areas for reasons totally unrelated to development. Nora Curtis reviewed that the Board has a policy of providing sanitary sewer by gravity wherever possible. She said that as part of the land use process for obtaining approval to route an urban service, such as sanitary sewer, outside the Urban Growth Boundary, the District is required to certify that there will be no connections allowed to that line for properties that are not in the Urban Growth Boundary. Ms. Curtis summarized that that is part of the land use approval process. Commissioner Schouten said that in those comments, he would make plural the term Urban Growth Boundary lines since a number of communities have their own UGBs in addition to the larger Portland Metro area that much of the urban/suburban residents of this County belong to. Chair Duyck thought that Commissioner Malinowski was justified in bringing up the issue about services causing people to say that because they have the services, theirs ought to be the next area brought into the Urban Growth Boundary. He said that the

6 Commissioner was justified in bringing it up because we have all heard it. Chair Duyck observed that anyone can say anything and use any justification to try to become annexed if they want to capitalize on the value of their property. However, he was not prepared to go so far as to say that that can never be considered. Chair Duyck stated that this area is an undesignated area in the urban and rural reserves plan and therefore, sometime in the next 50 years, it may be considered. He hoped that at that time, one of the factors would be whether or not it was a logical provision of services. While Chair Duyck hoped that that would not be used as an excuse in the next 5, 10 or 15 years, he said that it may someday. He was certainly not prepared to go on record as saying that it can never be considered. Commissioner Malinowski said that it should not be a major factor. He stated that the overpasses along Sunset Highway seem to be a justification for moving the Urban Growth Boundary. Commissioner Malinowski pointed out that that should not be an issue. He said that if it is, we need to be a lot more careful about where we site these things. Commissioner Malinowski wanted to avoid using that as a justification just because it is there. Chair Duyck agreed and felt that the current Board would probably follow that line of reasoning. He pointed out, though, that this Board cannot tie the hands of future Boards and anything could happen. Vice Chair Rogers stated that this item represents a really economical move to make in terms of long-term costs as well as just not having more pumps. He said that we ought to use gravity wherever we can. It was moved to declare by Resolution and Order the necessity and purpose for acquisition of certain easements necessary to complete the North Plains East Trunk Extension Project No and to authorize staff to proceed with condemnation actions as required to obtain the easements. Motion Rogers 2 nd Terry 4. LAND USE AND TRANSPORTATION ACTION 4.a. MO Authorize and Direct DLUT Staff to Send Notice of First Hearing on Transportation Development Tax (TDT) Modification Andrew Singelakis said that this item is to authorize staff to send notice of the first hearing on changes to the Transportation Development Tax (TDT) ordinance to interested parties as required by law. He stated that it is one of many steps in the TDT ordinance development process. Mr. Singelakis said that direction was provided by the

7 Board to examine the impacts of the TDT on small businesses earlier this year, at the request of the Hillsboro Chamber. He stated that the Washington County Coordinating Committee reviewed this and had a similar recommendation. Mr. Singelakis reviewed that two weeks ago at Worksession, the Board directed staff to move forward with ordinance development. He explained that that direction was to keep the TDT rates the same until June 30, 2013, which would delay a 5% final phase-in by one year and then to develop a methodology that would provide relief for tenant improvements involving the use of existing or established space. Mr. Singelakis said that the methodology would appear before the Board on November 1 st 60 days prior to the first hearing of the proposed changes. He added that changes to the methodology could be made at that time. It was moved to authorize DLUT staff to issue 90-day notice of the first public hearing regarding a modified Transportation Development Tax on January 3, Motion Schouten 2 nd Terry Commissioner Schouten said that this is a procedural matter and we are not making any substantive decisions about rate increases, decreases, etc. but rather are providing opportunity for public hearing. OFF DOCKET LAND USE AND TRANSPORTATION MO Authorize Appeal of City of Hillsboro Land Use Decision Andrew Singelakis informed the Board that this was based upon a development review action. He explained that the City of Hillsboro inadvertently did not require right-of-way to be established on a piece of property that is needed for Cornelius Pass Road. Mr. Singelakis indicated that the location is the east side of Cornelius Pass/Wilkins to the creek. He reported that the City acknowledges that it was an error and the developer is acceptable to it but the County just needs to preserve its right to appeal in case the final rendering is not issued by the City today. Mr. Singelakis said that the appeal deadline is 5 p.m. today. It was moved to authorize Appeal of City of Hillsboro Decision in Case File No. DR to City Council. Motion Schouten 2 nd Rogers Commissioner Schouten identified Wilkins Road as being located next to the light rail overpass on the east side of Cornelius Pass Road.

8 5. HEALTH AND HUMAN SERVICES 5.a. MO Grabhorn, Inc. (Lakeside Reclamation Landfill) Solid Waste Facility Application Approval of Findings and Formal Approval of Application for Composting Franchise The Board dispensed with a staff report, due to the Board s familiarity with this matter. It was moved to approve the Findings of Fact for the Grabhorn, Inc. solid waste facility application, to approve the franchise application and to direct staff to negotiate a Franchise Agreement for the composting operation with the applicant. Motion Terry 2 nd Schouten Commissioner Schouten said that he was unable to attend last week s meeting but wanted to announce that had he been here, he would joined the majority of the Board on the decision and it would have been a 5-0 vote. 6. ORAL COMMUNICATION (5 MINUTE OPPORTUNITY) Tom Black, 870 NW Garibaldi Street, Hillsboro, Oregon, acknowledged that the Fairgrounds Advisory Committee will meet today after their first meeting on March 10, He said it did not seem like they accomplished much, other than appointing a Chair and Vice Chair. Mr. Black stated that only two people were in the audience at the March 10 th meeting. He found it disconcerting that there is not more participation by the public. Mr. Black said that since the meeting today is between 2 and 4 p.m. and since he just found out about it, he was not sure that anyone will show up other than the members of the Board. He did not think that is a good way to proceed with a Master Plan discussion. Mr. Black stated that the Cloverleaf building is the next building to get the axe, based on health issues. He said that no building is occurring on the Fairgrounds and so it would be good to hear that we are moving forward with the Master Plan. Mr. Black understood that four positions on the nine member Board will be vacated and he hoped that people will not be re-appointed who have not done anything. He said that it would be excellent to have people who represent the actual agricultural clubs, such as the 4-H and FAA, who might know what they really want versus filtering through the Fair Board. Mr. Black noted that Terry Goldman vacated his position from the Washington County Visitors Association and asked about the intent to replace his position. He noted that the position of Chair is significant and if he is not active in Washington County in his original capacity, this may be of concern. Chair Duyck responded that Terry Goldman has relinquished his job with the Washington County Visitors Association to take a much better and more prestigious job in Portland. The Chair clarified that Mr. Goldman is a resident of Washington County and has chosen

9 to remain on this committee and so there is no change there. Relative to Mr. Black s characterization of the committee as inactive, Chair Duyck reminded him of the purpose of the committee. He said that any decision that comes out of the committee comes before the Board of Commissioners for approval and so there will be an opportunity to vett whatever decisions they might make. As for representation, Chair Duyck said that the task force set up some years ago by Chair Tom Brian had representation from a wide variety of folks who came up with the Fairgrounds plan and that is the general guideline for development of the Fairgrounds. He did not foresee major changes. Chair Duyck speculated that the reason that the committee has not met so far is because there has been no substantive movement yet on where we find the money to develop new buildings. He said that this is still being worked out and is one of the things that will be talked about as we move forward into the future. Commissioner Malinowski asked how much notice the public was given for the Fair Advisory Committee meeting. Chair Duyck was not certain but knew that it has been on his calendar for some time. Commissioner Schouten was not aware that imminent changes were occurring with respect to the Cloverleaf Building. He recalled that a lot of money was spent on that recently. Chair Duyck clarified that the Cloverleaf Building has had quite a bit of upgrading. He stated that it is the Floral Building a triple wide trailer that has mold, asbestos and other problems and is slated for demolition. Mr. Black said that if we keep taking buildings out, we end up trading buildings for tents in the end. Chair Duyck stated that the question on everyone s mind is how to replace those buildings. Commissioner Schouten asked if demolition of the Floral Building would impact the landscaping and fountains that were installed. Chair Duyck stated that the landscaping is mostly around the Cloverleaf Building. Commissioner Terry said that he donated landscaping around the Floral Building years ago but he indicated that there are no fountains around that area.

10 7. BOARD ANNOUNCEMENTS None. 8. ADJOURNMENT: 10:35 a.m. Motion Rogers 2 nd Terry MINUTES APPROVED THIS DAY 2011 RECORDING SECRETARY CHAIRMAN