MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS JANUARY 25, 2011

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1 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS JANUARY 25, 2011 CONVENED: 6:30 p.m. BOARD OF COMMISSIONERS: Chairman Andy Duyck Vice Chair Roy Rogers Commissioner Dick Schouten Commissioner Greg Malinowski Commissioner Bob Terry was out of town on this date. STAFF: Robert Davis, County Administrator Paul Hathaway, Sr. Assistant County Counsel Andrew Singelakis, Director, LUT Joanne Rice, Principal Planner, LUT Dave Schamp, Operations & Maintenance Division Manager, LUT Bob Cruz, Deputy General Manager, CWS Linda Gray, 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. 2 nd Schouten CLEAN WATER SERVICES 1.a. CWS RO 11-2 Endorse Boundary Change Proposal WA-1610 for Annexation to Clean Water Services Service District (City of Hillsboro) (Approved Under Consent Agenda)

2 1.b. CWS MO Approve Contract with Dell Marketing L.P. for Microsoft Enterprise Software (Approved Under Consent Agenda) 1.c. CWS MO Accept Construction of the King City Trunk Project No and Release Retainage to Northwest Earthmovers, Inc. (CPO 4K) (Approved Under Consent Agenda) LAND USE AND TRANSPORTATION 1.d. MO Accept Proposal/Award Contract for Traffic Count Services (Approved Under Consent Agenda) COUNTY ADMINISTRATIVE OFFICE 1.e. MO Adopt the Proposed Washington County Federal Legislative Agenda for FY 2012 (All CPOs) (Approved Under Consent Agenda) 1.f. MO Adopt the Proposed Washington County Legislative Agenda for the 2011 Oregon Legislature (All CPOs) (Approved Under Consent Agenda) HEALTH AND HUMAN SERVICES 1.g. MO Update List of Mental Health Director Designees (Approved Under Consent Agenda) 1.h. MO Authorize Amendment to Intergovernmental Agreement with Hillsboro School District for School-Based Health Center Planning Grant Funds (Approved Under Consent Agenda) 2. ORAL COMMUNICATION (2 MINUTE OPPORTUNITY) None.

3 3. PUBLIC HEARING CLEAN WATER SERVICES 3.a. CWS MO 11-9 Conduct a Public Hearing, Adopt Findings and Grant Exemption from the Competitive Bidding Process for the Field Operations Interior Remodel Project No and Approve the Use of a Request for Proposals Process (City of Beaverton) Bob Cruz informed the Board that Clean Water Services is ready to embark on a relatively small project to remodel a portion of its Field Operations complex in Beaverton. He explained that the reason for the remodel is because Clean Water Services had a lease agreement with TriMet when it was first built; TriMet has since built a new facility and will move into it at the end of this month. Mr. Cruz indicated that the remodel will include an additional crew room and facilities for women crew members at Field Operations. He stated that instead of going through the typical low bid process, Clean Water Services proposes using an alternative contract method that would utilize request for proposal methodology. Mr. Cruz said that the reason for doing that is that there will be unknowns (as with any remodel) and Clean Water Services proposes to along with the architect evaluate the proposals and make the award based on both qualifications and price. He stated that Clean Water Services hopes to eliminate change orders in the future and to get the job done at the estimated price. No public testimony was offered. It was moved to make the proposed findings and to exempt the Field Operations Interior Remodel Project No from the competitive bidding requirements and to approve the use of a Request for Proposals Process. Motion Schouten 2 nd Malinowski 4. PUBLIC HEARING LAND USE AND TRANSPORTATION 4.a. RO 11-8 Annexation to Tualatin Hills Park & Recreation District (WA-1510) (CPOs 1, 4M, 6 and 7) Joanne Rice acknowledged that this is the second public hearing for this matter. She reviewed that on January 4, 2011, the Board approved the annexation of 25 parcels into the Tualatin Hills Park and Recreation District. Ms. Rice explained that these are all property owners who have voluntarily requested to be annexed into the Park District.

4 She recalled that the Board approved the annexation subject to holding tonight s public hearing. Ms. Rice said that the purpose of tonight s public hearing is to determine if an election needs to be held. She stated that an election will not be held unless there are written requests for an election that are filed tonight of not less than 15 percent of the subject electors or 100 electors, whichever is lesser. Ms. Rice informed the Board that up until tonight s hearing, staff has not received any written requests for an election. She recommended that, following the public hearing, the Board adopt the Resolution and Order finalizing the earlier annexation. No public testimony was provided. It was moved to adopt the Resolution and Order so declaring and ratifying the annexation. 2 nd Schouten Commissioner Schouten emphasized that this is a voluntary annexation into the Tualatin Hills Park and Recreation District. He said that property owners have made decisions based on what they will have to pay in out-of-district fees to participate in sports and other programs offered by the Park District. Commissioner Schouten stated that these people have made a decision that, for their families, it makes sense to join the Park District from a cost, or other, standpoint. 4.b. RO 11-9 Consider the Annexation of Approximately 0.28 Acres to Clean Water Services District (WA-1610) (CPO 9) Joanne Rice told the Board that this is a request for annexation of one parcel to Clean Water Services. She specified that the request is made by the property owner. Ms. Rice identified the property as currently being located inside the City of Hillsboro at the intersection of Davis Road and Davis Court. She reported that both the City of Hillsboro and Clean Water Services have endorsed the annexation. Ms. Rice said that required notifications and public notice postings were completed. She indicated that staff has received no comments about the proposed annexation. Ms. Rice recommended that the Board conduct the public hearing and then approve the annexation.

5 The property owner, Mr. Davis, identified himself in the audience but did not wish to speak to the item. It was moved to adopt a Resolution and Order approving the annexation with the approval becoming effective immediately and to authorize the Chair to sign the Resolution and Order for Service District Annexation WA nd Schouten Commissioner Schouten stressed that this is a voluntary annexation. He said that often, annexation to Clean Water Services is a necessary condition for development. Chairman Duyck thanked Mr. Davis for appearing tonight to show his support of the annexation. 4.c. RO Levy Assessments for SW Parmele Road Local Improvement District (CPO 10) Dave Schamp told the Board that Parmele Road is located on the west side of Bald Peak in the community of Laurelwood, about five miles southeast of Gaston. He reported that Parmele Road is unique in that a portion is a numbered County road, a portion is a public dedicated road, and a portion is a private road. Mr. Schamp reviewed that in November of 2008, a neighborhood meeting was held with the residents along the road, explaining how Local Improvement Districts work and also laying out options for what might be done to improve Parmele Road. He reported that the group agreed that a chip seal treatment would be the best option for upgrading the road. Mr. Schamp recalled that on April 21, 2009, the Board formed the district upon receipt of a petition signed by 75 percent of the benefitting properties along Parmele Road. He said that the construction of the project was completed in the summer of Mr. Schamp reported that the actual cost for the improvements was below the estimated cost that was included in the Feasibility Report. He stated that it has been staff s practice to allow some time to pass between when the improvements are made and when staff comes before the Board asking that the assessments be levied. Mr. Schamp explained that the reason for that is to ensure that there is an opportunity to identify any imperfections that may have occurred in the road, to allow staff the chance to make repairs, and to make sure that the road is in good repair before people are actually charged for the improvement.

6 Mr. Schamp noted that on Parmele Road, staff has identified an area where water is actually coming out of the road and it is resulting in some deformation of the road some breaking up of the surface. He said that staff was onsite yesterday and is aware of the defect. Mr. Schamp wished to get it on record that staff is committed to repairing that area just as soon as weather permits. He clarified that those repairs will be at County expense not expense levied toward the LID. Mr. Schamp reported that all required public notifications have been made. He said that staff has not received any remonstrances or any written information opposing levying the assessments for the improvements. Mr. Schamp recommended that the Board approve the Resolution and Order levying the assessments on Parmele Road. Chairman Duyck observed that the actual cost came in substantially less than the estimated cost. He noted that this was almost completely on the County share. Chairman Duyck asked if this is because staff did not have to do as much prep work as normal. Mr. Schamp responded in the affirmative. He said that as it was explained to him, there was some additional widening work and drainage work that was originally envisioned in the LID. Mr. Schamp stated that upon further review, it was decided that it would be much too expensive and that it would cause more problems than benefit by engaging in that work and so the actual improvements were scaled back. He said that the existing width of the road was what received the hard surfacing. Commissioner Schouten asked what additional costs may come as a result of the water damage. Mr. Schamp wished he did but did not at this time. He responded that staff was out there yesterday. Mr. Schamp said that in a situation like this, where water is percolating up through the road, the suspicion is that it is a naturally occurring spring that has just decided to make its presence known in the middle of this road. He remarked that there is some potential that this might be a water line leak, although it does not look like that is the highest probability. Mr. Schamp said that staff will need to do some additional work to drain off that water as well as make the repair to the surface. He did not have a good estimate of those costs at this point. Mr. Schamp felt fairly confident that the costs won t be anywhere near equal to the amount of savings that were enjoyed from that original Feasibility Report. He stated that in the end, we should come out well within budget. No public testimony was forthcoming.

7 It was moved to approve the Resolution and Order levying assessments for the SW Parmele Road Local Improvement District. Motion Schouten 2 nd Malinowski 4.d. RO Levy Assessments for SW Whitmore Road Local Improvement District (CPO 10) Dave Schamp stated that, like the previous item, Whitmore Road is also in the Laurelwood area, although it is actually more on top of Bald Peak and extends off Bald Peak Road about one-eighth of a mile east of the intersection of Bald Peak Road and Laurelwood Road. He indicated that the County road portion is about four-tenths of a mile long and connects into a private road at the end. Mr. Schamp reviewed that the Board formed the Local Improvement District on April 21, He recalled that the Board received a petition signed by 16 of the 22 property owners impacted (75 percent in favor). Mr. Schamp stated that Whitmore Road called for a chip seal treatment and this was constructed in the summer of He said that the actual costs of the improvements on Whitmore Road were significantly less than the estimated costs included in the Feasibility Report. Mr. Schamp informed the Board that after staff sent out initial notification of this public hearing, it was discovered that there was a lot partition that occurred. He said that this meant that there was now one more lot than there was at the beginning. Mr. Schamp stated that this was brought to staff s attention by the property owner. He stated that staff sent out an additional public notice making them aware of that change. Mr. Schamp reported that it actually lowered the assessments for most but increased the assessment for the one. He said that the timing worked out such that staff was still able to have tonight s hearing. Mr. Schamp assured the Board that all of the legal requirements have been met as far as notification for the public hearing. He was not aware of any opposition to the assessments as outlined in the Resolution and Order and recommended approval. Benson Inkley, SW Whitmore, Hillsboro, Oregon, was curious when the Local Improvement District is formed and when the tax assessments are assigned. He asked what happens if property changes hands between the time that it was improved and when the Board decides to assess the taxes. Mr. Inkley wanted to know who is responsible for the taxes in that situation the original or the new land owner.

8 Chairman Duyck commented that that is a good question. Andrew Singelakis believed that it would be the new land owner. Chairman Duyck assumed that it goes with the property and so it depends on how the sale is negotiated, just like with any other taxes. Commissioner Schouten thought that the taxes carry with the new property owner. Commissioner Rogers said that that would depend on whether the old property owner paid them off. He stated that the taxes will follow the property. Mr. Inkley asked what would happen if the property changed hands without the new owner knowing about the pending tax liability. Chairman Duyck stated that that should show up in the title report. He said that the buyer should be able to see that in the title report because it runs with the property. Commissioner Schouten said that whether it is in the title report or not, the new owner gets notice just by virtue of it being filed with the County Assessors Office. Chairman Duyck advised the speaker to consult his own legal attorney or his tax advisor on this matter. He reiterated that it does run with the property and so there is an obligation there for somebody. It was moved to approve the Resolution and Order levying assessments for the SW Whitmore Road Local Improvement District. 2 nd Schouten 5. ORAL COMMUNICATION (5 MINUTE OPPORTUNITY) Benson Inkley, SW Whitmore, Hillsboro, Oregon, stated that the Energy Trust of Oregon will subsidize wind power generation if a person puts that on his property. He said that the building requirements for Washington County call for a maximum height of 35 feet. Mr. Inkley related that the Energy Trust of Oregon will not subsidize anything for wind power generation that is less than 60 feet high. He asked if there is any plan to look at this situation so that someone with rural property appropriate for wind power could put a tower there that would qualify for the Energy Trust subsidies.

9 Commissioner Rogers was not aware of this in the present code. He suggested that Mr. Inkley speak with Andrew Singelakis after the meeting. Mr. Singelakis mentioned that his staff is currently working with the Development Services Division on a Department of Energy grant to take a look at ways to green up our code. He has not heard anything specifically about wind power in it but offered to check with staff on that. 6. BOARD ANNOUNCEMENTS None. 7. ADJOURNMENT: 6:52 p.m. 2 nd Malinowski MINUTES APPROVED THIS DAY 2011 RECORDING SECRETARY CHAIRMAN