MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS JULY 22, 2014

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1 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS JULY 22, 2014 CONVENED: 6:31 p.m. BOARD OF COMMISSIONERS: Chair Andy Duyck Vice Chair Bob Terry Commissioner Greg Malinowski Commissioner Dick Schouten was away on family business today and Commissioner Roy Rogers missed the meeting in order to attend a County Counsel Conference. STAFF: Robert Davis, County Administrator Alan Rappleyea, County Counsel Steve Franks, Assistant Director, LUT Stephen Roberts, Communications Coordinator Andy Back, Planning & Development Services Manager, LUT Joy Chang, Associate Planner, LUT Bill Gaffi, General Manager, CWS Diane Taniguchi-Dennis, Deputy General Manager, CWS Jim Thiessen, Audiovisual Technician Ana Noyola, Recording Secretary PRESS: Simina Mistreanu, The Oregonian 1. ORAL COMMUNICATION (2-MINUTE OPPORTUNITY) None. 2. CONSENT AGENDA It was moved to adopt the Consent Agenda. Motion Terry 2 nd Malinowski Vote 3-0

2 APPROVAL OF MINUTES: July 1, 2014 CLEAN WATER SERVICES 2.a. CWS MO Approve a Sole Source Contract with Enviro-Clean Equipment Company, Inc. to Purchase a Trackless Municipal Tractor (Approved Under Consent Agenda) 2.b. CWS MO Award Construction Management General Contractor Contract to Construct the Rock Creek Headworks Screening Improvements Project No to Stellar J Corporation and Approve an Early Work Amendment (CPO 15) (Approved Under Consent Agenda) LAND USE AND TRANSPORTATION 2.c. RO Approve Establishment of a Road Maintenance Local Improvement District (MLID) for Tualatin Valley Fire & Rescue Station 68 (CPO 7) (Approved Under Consent Agenda) COUNTY ADMINISTRATIVE OFFICE 2.d. MO Approve Amendments to Intergovernmental Agreement with Washington County Consolidated Communications Agency (CPO All) (Award of Bid Approved Under Consent Agenda) HEALTH AND HUMAN SERVICES 2.e. MO Update List of Mental Health Director Designees (Approved Under Consent Agenda) 2.f. MO Accept Intergovernmental Agreement with NorthWest Senior and Disability Services for Funding to Provide Disability Services in Washington County (Approved Under Consent Agenda)

3 HOUSING SERVICES 2.g. MO Approve the FY2013 Continuum of Care (CoC) Program Grant Agreement CoC Rapid Re- Housing for Families (CPO All) (Approved Under Consent Agenda) 2.h. MO Approve the FY2013 Continuum of Care (CoC) Program Grant Agreement Housing Stabilization Program (CPO 4B, 4M) (Approved Under Consent Agenda) SHERIFF S OFFICE 2.i. MO Authorize Purchase Orders for Advertising of Foreclosures Sales by the Sherriff s Office (Approved Under Consent Agenda) SUPPORT SERVICES 2.j. RO Approve Resolution and Order Amending the Fiscal Year Pay Plan to Add a New Classification Titled Data Control Supervisor and Establish Its Pay Range; Amend the FY Position and Salary Report to Add 1.0 FTE Data Control Supervisor to the Department of Assessment and Taxation (Approved Under Consent Agenda) 2.k. RO Approve Amendment to the Travel and Business Expense Policy (Approved Under Consent Agenda) SERVICE DISTRICT FOR LIGHTING 2.l. SDL RO Form Assessment Area, Authorize Maximum Annual Assessment, and Impose a First Year Assessment for Tualatin Valley Fire & Rescue Station 68 (CPO 7) (Approved Under Consent Agenda) 3. BOARDS AND COMMISSIONS 3.a. MO Appoint Member to the Audit Committee (CPO All)

4 There was a motion to re-appoint the following persons to the Audit Committee: Commissioner Roy Rogers Keith Hobson Eric Mauss Motion Terry 2 nd Malinowski Vote PUBLIC HEARING CLEAN WATER SERVICES 4.a. CWS MO Conduct a Public Hearing, Adopt Findings and Grant Exemption from the Competitive Bidding Requirements for the Upper Tualatin Interceptor at River Ridge Apartments Project No and Award a Contract to Emery & sons Construction, Inc. (CPO 5) Chair Duyck announced that there is a replacement page in the packet for this item. He said that there is award of bid to Emery & Sons Construction in the amount of $953,186. Diane Taniguchi-Dennis indicated that the purpose of this public hearing is to provide parties the opportunity to comment on the waiver of competitive bidding for the Upper Tualatin Interceptor project at River Ridge Apartments. She said that the Upper Tualatin Interceptor is located between Highway 99 West and the Tualatin River. Ms. Taniguchi-Dennis stated that this section of pipeline needs upsizing in order to serve properties in Sherwood as they develop. She added that the sewer is also in need of significant structural repairs and so it is timely to replace the sewer line at this time. Ms. Taniguchi-Dennis stated that the apartment complex development was submitted to the City of Tualatin for approval. Since the sewer is on the same site, she said that it is in the public interest to proceed with the sewer structural and capacity improvement in conjunction with the development on the site. Ms. Taniguchi-Dennis informed the Board that the developer selection process involves selection of the low bidder. She stated that there was a solicitation of four different bids from different contractors. Ms. Taniguchi-Dennis reported that Emery & Sons was the successful contractor for this development. She added that that company has constructed numerous projects under contract with Clean Water Services. Ms. Taniguchi-Dennis said that there are findings that the waiver of competitive bidding will not encourage favoritism and will provide significant cost savings. (Staff report contains five reasons for the cost savings.) She recommended that the Board grant the exemption and authorize the contract to Emery & Sons. The public hearing was opened.

5 No public testimony was provided. The public hearing was closed. It was moved to make the proposed findings and grant an exemption from the competitive bidding requirements to allow Emery & Sons Construction, Inc. to complete a portion of the Upper Tualatin Interceptor Project No for an amount not to exceed $953,186. Motion Terry 2 nd Malinowski Vote PUBLIC HEARING LAND USE AND TRANSPORTATION 5.a. MO Hold First Reading and Public Hearing of Proposed Ordinance No. 782 An Ordinance Amending the Community Development Code Relating to Original Art Displays, Temporary Signs, Traffic Direction Signs, and Park Signs (CPO All) There was a motion to read Proposed Ordinance No. 782 by title only. Motion Malinowski 2 nd Terry Vote 3-0 Alan Rappleyea read the proposed ordinance by title. Joy Chang stated that as part of the Long Range Planning Work Program, staff received a request by the Westside Quilters Guild to amend the county s sign regulations to exempt the placement of painted, plywood, quilt blocks on barns and other rural outbuildings from the county s sign code. She said that, additionally, the Tualatin Hills Park and Recreation District requested changes to the Community Development Code relating to park directional and identification signage. Ms. Chang reviewed that the Board approved inclusion of these items as part of the Work Program and authorized filing of the ordinance as part of the 2014 Work Program adoption. Ms. Chang said that original art displays are initially recommended to be allowed only on agricultural buildings outside the Urban Growth Boundary. She stated that the limitation would allow for original art displays such as painted quilt blocks without potentially opening up the entire county to additional signage. Ms. Chang said that the intent was to start with this more limited approach as a pilot program in order to gauge interest and to assess unforeseen consequences, while still addressing the intent of the original request by the Westside Quilters Guild.

6 Ms. Chang related that the Westside Quilters Guild requested that the county amend the sign regulations to allow an exemption for the placement of painted, plywood, quilt blocks on barns or rural buildings as part of the planned network of quilt blocks on agricultural buildings around the rural area. She reported that communities in a number of states have provisions to allow painted quilt blocks on rural buildings. She mentioned that Tillamook County is leading the way locally in promoting quilt blocks on rural buildings with the development of the Tillamook County Quilt Trail. Ms. Chang stated that under current regulations, painted quilt blocks on agricultural buildings would be considered agriculture and forestry signs. She said that as such, they are allowed as a Type I building permit subject to the following standards: There would be a maximum of 32 square feet per sign. They would be located outside the Urban Growth Boundary. They would have limited illumination. The number of signs is based on acreage. There is a $100 permit fee for this. Ms. Chang indicated that the county does not have the ability to regulate content of the sign, pursuant to the Oregon Constitution Article I Bill of Rights, Section 8, regarding freedom of speech and press. Ms. Chang said that in order to address the Westside Quilters Guild s request, staff considered specific characteristics of the type of use that might distinguish it from other signs, which might allow it to be exempt or regulated differently. She stated that staff considered possible characteristics as well as examples from other jurisdictions and determined that the one way to distinguish them was to consider such signs as original art displays. Ms. Chang said that as such, staff looked at ways to define what would constitute an original art display, as well as where displays could be located and whether they should be exempt from obtaining a sign permit or still be subject to a permit but potentially with different parameters than currently allowed. She reiterated that the cities of Portland, Milwaukie and Tillamook all have regulations for art murals or original art on buildings. Ms. Chang recommended adoption of language that would define an original art display as a hand-painted work of visual art that is either affixed to or painted directly on the exterior wall of a building. She clarified that an original art display would not include mechanically-produced or computer-generated prints or images. Ms. Chang said that original art displays would be allowed as an exemption to the sign code as long as they meet the following conditions: Locate outside the Urban Growth Boundary Place on an agricultural building Do not extend more than 64 square feet in size per lot or parcel. Compensation shall not be given or received for the display of the original art or the right to place original art on the site. Do not illuminate.

7 Ms. Chang explained that the limitation on compensation is intended to increase the likelihood of art work rather than advertising. She said that since the county cannot regulate for content, both Portland s and Milwaukie s regulations include this requirement. Ms. Chang turned to the second part of the ordinance park signs. She told the Board that Tualatin Hills Park & Recreation District has requested that its park recreation facility and trail signs be exempt from the county s sign standards. Ms. Chang said that currently, park signs are subject to the regulations of the underlying land use district where the park is located. She stated that these regulations require a Type I land use permit for the majority of the signs but vary in size and number of signs allowed based on the land use district. Ms. Chang related that currently, in various land use districts where a park could be located, park identification signage could range from 32 to 102 square feet per sign and from two to five signs. She said that in practice, staff has typically not required permits for internal park and directional signage. Ms. Chang explained that such signs that are not visible from beyond the park boundaries are not generally the concern of staff or the public. She said that in the Community Development Code, private, traffic directional signs are exempt from the sign code and staff views internal park and directional signage as private traffic directions. For these types of signs, Ms. Chang recommended that the current practice be clarified in the code to include signs directing vehicular, bicycle and pedestrian traffic. Relative to park identification signage, Ms. Chang recommended that signs identifying park or a recreational facility that fronts on a public road continue to be subject to county sign code but with some additional flexibility. She recommended adding a new subsection in the code under special use for parks to include maximum sign area of 35 square feet and a maximum of five identification signs per park so that the standards are the same across all land use districts. Mr. Chang reviewed that on July 2, 2014, the Planning Commission conducted a public hearing for this ordinance and voted 6-1 to recommend approval of it, with minor amendments proposed by Tualatin Hills Park & Recreation District. She listed these amendments as follows: 1. Increase park directional signage from three square feet in area to five square feet. 2. Amend the proposed language from visible from the street to fronts on the street. Ms. Chang recommended that the Board direct engrossment of the ordinance to include changes recommended by the Planning Commission. She said that the Westside Quilters Guild also requested that the original art displays be allowed on other types of non-residential buildings not just agricultural buildings. Ms. Chang stated that staff reviewed this request and considers the impacts to be minimal. Therefore, she said that staff recommends that the Community Development Code be amended to make this provision. Vice Chair Terry sought verification from staff relative to the 64 square feet figure and received it. The public hearing was opened.

8 Anthony Mills, Planning Commissioner, SW York Street, Aloha, Oregon, voiced support for the ordinance, although he did not think it goes far enough. He regarded the ordinance as an imperfect proposal that leaves a lot of unanswered questions but believed it to be an important first step to create a more realistic and sensible sign ordinance for rural areas. Mr. Mills recalled that this was prompted by the desire to create a quilt barn tour in the county, modeled after ones in other parts of the country. He said that the quilt barn tour idea was floated as a grant proposal to the Cultural Coalition of Washington County. However, as a member of the coalition, he recalled that the project was delayed because the applicants did not want to run afoul of the law. Mr. Mills remarked that most people want to follow the law. He went on to say that silly laws serve to make law-abiding citizens lose faith in their government. Mr. Mills spoke for himself but believed that the Cultural Coalition is generally in support of the quilt tour. Mr. Mills listed some of the oppositions arguments against this: There will be too much art in rural areas. Instead of eight-by-eight feet, why not nine-by-nine feet. These will slow down traffic and cause accidents as people are distracted by the artwork. A sign or piece of art work might be offensive. Mr. Mills told the Board that at the Planning Commission hearing, he took exception to the prohibition on the illumination of signs at night. He did not think that county staff had a compelling answer to his question. Mr. Mills did not think that a light shining on a piece of plywood would ruin rural life. He said that little details like that, allowing murals bigger than 64 square feet and the possibility of having such art work on rural buildings within the Urban Growth Boundary, need to be addressed now or in the next ordinance season. In the meantime, Mr. Mills urged passage of some version of this ordinance. Julie Mason, NW Raindance Lane, Banks, Oregon, was pleased that the Board is dealing with this topic. However, she preferred to have the Urban Growth Boundary condition removed because she felt that it would cause problems in the future. Ms. Mason addressed the condition of the agricultural buildings and clarified that the Guild requested that these be allowed on grange buildings. She stated that there are very few actual barns within the Urban Growth Boundary. Ms. Mason shared that the Guild is considering an historic barn and farm house inside the UGB. She concurred with the previous speaker s comments. Commissioner Malinowski asked if the Guild wants these to be placed on sheds. Ms. Mason responded that the Guild wants them to be placed on a barn of some sort. She said that it could be a metal barn and wondered if that is what Commissioner Malinowski meant by a shed. Chair Duyck doubted that our code makes a differentiation. Vice Chair Terry stated his understanding that it is any non-residential rural building.

9 Ms. Mason did not disagree with that. Cindy Dauer, 545 NE Jackson Street, Hillsboro, Oregon, identified herself as the Executive Director of the Westside Cultural Alliance a non-profit advocating for art, culture and heritage in Washington County. She considered a quilt barn trail as a cultural asset in Washington County. Ms. Dauer said that if this amendment is adopted, it will allow the Quilters to move forward. However, Ms. Dauer asked the Board to adopt a less-restrictive amendment that would allow larger art displays in a wider variety of areas. She said that if the Board did allow art displays larger than 64 square feet within the Urban Growth Boundary on non-agricultural buildings, the result would be remarkable visual celebrations of Washington County culture and heritage. Ms. Dauer speculated that murals, as well as quilt squares, would spring up, such as the one on the Cedar Mill Grange and others. She suggested going even further by creating a heritage mural series or something along those lines and added that the Westside Cultural Alliance would potentially be interested in pursuing this. Ms. Dauer understood the desire to protect our communities from offensive advertising and images but she also saw the opportunity to enrich and enhance Washington County with these visual art displays. Chair Duyck asked staff if our sign code makes a distinction between murals and signs. Alan Rappleyea replied that our code does not make that distinction. He said that if a person applies for a sign in any district, he may paint a mural there. Mr. Rappleyea further stated that if a person has a 64 square feet sign allowed in the commercial district, he may paint a 64 square foot sign instead of putting up a pre-made advertising sign. Ms. Dauer stated that she prefers these not be limited in size. Commissioner Malinowski reasoned that someone seeking a large highway sign could also ask for a similar permit to put up a mural instead. Mr. Rappleyea agreed that that is the case although we do not typically see that. He stated that staff has done quite a bit of research on this. Mr. Rappleyea reported that Portland has been through multiple variations of this and has done the art mural program. He described this ordinance as symbolically putting our toe in the water to see how it works and if any issues arise. Mr. Rappleyea reiterated that our ordinance is based on Portland s sign provisions that are inside the city. He stated that they can have murals or signs; if they are hand-painted, they can be bigger than regular signs. Commissioner Malinowski asked Ms. Dauer to let him know if she runs into a situation where she cannot get a mural. Mr. Rappleyea added that the City of Beaverton also has a mural ordinance.

10 Ms. Dauer concluded that 64 square feet is only applied to original art displays in rural Washington County. Mr. Rappleyea said that an original art display is twice the size of a regular, pre-printed size. Chair Duyck stated that a mural is just a sign by another name, painted directly onto the building. Ms. Dauer encouraged the Board to consider allowing original art displays and the painted, quilt barn squares within the Urban Growth Boundary. The public hearing was closed. Chair Duyck laid out the Board s options for action this evening. Vice Chair Terry asked if staff met with any of the groups. Ms. Chang said that staff s recommendation consists of the Planning Commission s recommendation in terms of the changes in Tualatin Hills Park and Recreation District. In addition, she said that the specific request was to not limit these to only agricultural buildings. Ms. Chang s recommendation was that these are okay as long as they are not on a dwelling. She still suggested restricting this to outside of the Urban Growth Boundary. Chair Duyck noted that only three Commissioners are present this evening. He explained that in order for anything to happen with this ordinance, the Board must be unanimous. Chair Duyck s preference was to engross the ordinance as staff recommends. He said that he could go further but did not know if the Board supports that. Vice Chair Terry wished to include the recommendation for the changes requested by staff tonight. Commissioner Malinowski could support that. He did harbor a concern with putting these on ag buildings inside the Urban Growth Boundary. Vice Chair Terry wanted to know how an ag building that is grandfathered EFU inside the Urban Growth Boundary would fall under this ordinance. Mr. Rappleyea clarified that this only applies outside the Urban Growth Boundary. He said that the staff s recommended engrossment does not recommend expanding this to inside the Urban Growth Boundary. Vice Chair Terry asked if this is true even if the ag building is EFU grandfathered inside the Urban Growth Boundary. Mr. Rappleyea replied that this is true because the Urban Growth Boundary is the boundary for where it is allowed.

11 It was moved to direct engrossment of the ordinance to include the changes described in the staff report and to continue the hearing to August 19 and 26, Included in the motion was direction to staff to prepare and mail notice of the amendments consistent with requirements of Chapter X of the County Charter. Motion Malinowski 2 nd Terry Vote 3-0 Commissioner Malinowski made the motion while keeping in mind that we can revisit this if there is enough interest. Chair Duyck thanked all those who testified this evening. 6. PUBLIC HEARING COUNTY COUNSEL 6.a. RO Hold Public Hearing on Proposed Amendment to Washington County Charter Chapter VIII, Section 84 (Commissioner Districts) and Approve Resolution and Order Adopting the Charter Amendment and Placing Amendment on Ballot for November 2014 General Election (CPO All) Alan Rappleyea stated that Section 84 of the Washington County Charter divides the County into four Commissioner Districts. He said that Commissioners are elected out of those four Commissioner Districts and that the Chair is elected at-large. Mr. Rappleyea related that the Charter also requires reapportionment of those districts every 10 years when the population of any district is more than 115% more than the population of any other district. He said that as the population has grown, the number of people required to trigger the reapportionment has grown as well. Mr. Rappleyea recalled that in the last census, a population difference of 8,800 people between the largest and smallest district did not trigger reapportionment. He said that to remedy the situation, the Board directed staff to bring back this Charter change, which will get us closer to the democratic principle of one person, one vote. Mr. Rappleyea reviewed that on July 1, 2014, the Board introduced this proposed change and scheduled today for the public hearing. He said that the proposed change would adjust the Charter by lowering requirements between Commissioner districts and reapportionment would be triggered at 105% instead of the current 115%. Mr. Rappleyea stated that the proposed Charter amendment would also lower the maximum population allowed between Commissioner districts after reapportionment to 103% from the current 110%. He said that after today s public hearing, the Board may proceed to adopt the proposed amendment and order it to be placed on the November 2014 election. Mr. Rappleyea added that the Board may also direct Counsel to prepare a ballot title and explanatory statement for the Board s review on August 5, He indicated that on August 5 th, this will be an action item rather than a public hearing. The public hearing was opened. No public testimony was offered.

12 The public hearing was closed. It was moved to approve the Resolution and Order adopting the amendment and placing amendment on the ballot for November 2014 General Election. Included in the motion was direction to Counsel to prepare a ballot title and explanatory statement for the Board s review and approval on August 5, Motion Terry 2 nd Malinowski Vote ORAL COMMUNICATION (5-MINUTE OPPORTUNITY) John Wickham, NW Laidlaw Road, Portland, Oregon, spoke as representative of the Saltzman Solutions Group a group of citizens who live near or travel on a dangerous section of Saltzman Road north of Thompson Road. He informed the Board that an 81-lot subdivision was approved this month, which would add more traffic, pedestrians and bikes on this section. Mr. Wickham said that the Saltzman Solutions Group closely monitored development planning and approval of this 81-lot subdivision. He stated that a major concern was that the approved plan lacked an adequate safe route to Findlay Elementary School, which is located 500 feet to the south of this development. Mr. Wickham said that his group was prepared to appeal the approved development plan to LUBA due to their concern about the safety of children. As a teacher in the Beaverton School District, he was aware that children will take the shortest route to school if they miss the bus. Mr. Wickham reported that a solution fortunately appears to have been found. He said that adjustments were made to the plan by the developer and these were approved by the Beaverton School District. He stated that there will be a sidewalk instead of a pathway and it will be deemed a safe route. Mr. Wickham told the Board that Saltzman Solutions Group will continue to monitor development in this area, including the Arbor Heights North subdivision and any developments made in Area 93. Joe Rayhawk, NW Germantown Road, Portland, Oregon, submitted written testimony, which may be found in the Meeting File. He mentioned that there was a discussion of reducing the size of the North Bethany natural features buffer at today s Worksession. Mr. Rayhawk said that this area has been identified on maps in the record as subject to landslides and is shown as at special risk for damage during earthquakes. He stated that a number of landslides around the Metro area before 2010 came as a surprise. Mr. Rayhawk said that the state agency, DOGAMI, did a study looking for landslide zones. He stated that they were trying to identify areas in which it would not be prudent or reasonable to develop. Mr. Rayhawk identified the natural features buffer as one of these areas. Mr. Rayhawk recalled that a few months ago, there was a landslide near Oso, Washington. He reported that houses were destroyed and over 40 people died. Mr. Rayhawk said that the last body was recovered today. He wished to formally inform the Board that landslides can kill people.

13 Mr. Rayhawk heard Worksession discussion saying that a Metro group is considering disallowing building on greater than 25% slopes. He said that he has been advocating this for two years due to the risk of a huge earthquake off the coast. Mr. Rayhawk thought it is absurd to think we can stabilize the natural features buffer against this expected event. Mr. Rayhawk said that in the North Bethany Drainage Master Plan, Clean Water Services states that it is not practical to build stormwater retention and treatment facilities on these steep slopes. He said that a new issue is that Subsidiaries of Metropolitan Land Group and West Hills have filed DSL permits that admit there are reports of salmonids upstream from Mr. Rayhawk s reach of Abbey Creek. He stated that in the next ODEQ 303(d) update, it likely that Abbey Creek will get Federal Endangered Species Act protection. His submittal included a new interpretation of Table 3.3 from the Drainage Master Plan that suggests the current North Bethany plan will not be able to meet federal requirements. He advised the Board to have CWS review it in view of the likely 303(d) listing. Mr. Rayhawk noted that allowing construction on the steep slopes will increase the runoff into Abbey Creek beyond what was contemplated in the DMP. He concluded that the table and potentially DMP will be obsolete. Mr. Rayhawk explained that the natural features buffer gets its name, in part, from a large animal migration path across it. He said that when county staff was verifying his claim of trails within 10 feet of the boundary, they observed an elk herd crossing the buffer on its way to Forest Park. Mr. Rayhawk remarked that 30 feet is not an adequate buffer for an elk herd. Mr. Rayhawk said that much of the natural features buffer was marked on early North Bethany maps as constrained density area. He said that the interpretation at today s Worksession was that if houses were built there, fewer houses could be built on the rest of the parcel. Mr. Rayhawk stated that with respect to most community density goals, there would be no change if the buffer was reduced. He said that all his previous issues would be negatively impacted also. Mr. Rayhawk did not intend to talk about how the ordinance negatively impacts his property because it is less important than his previous issues. His opinion, as someone who has operated a horse stable and horse-riding training facility for more than 10 years, was that all of the proposed buffers are inadequate to mitigate conflicts between urban in North Bethany and his agricultural business. Mr. Rayhawk s handout listed how his business could be shut down if the county reduced the buffer. He said that it was mentioned during Worksession that people have been seen riding horses on the road. Mr. Rayhawk considered many of them to be more experienced than his riders. He recalled that, five years ago, his ranch managers tried leading people on rides that required travelling on Germantown Road. Mr. Rayhawk reported that a car frightened a horse, who threw a young rider, resulting in a broken leg. He then banned his business using Germantown Road and instead used only Old Germantown Road, where there is less traffic. Mr. Rayhawk reported that another car frightened the lead horse, which fell on the ranch manager and broke his foot. He next banned the business. Mr. Rayhawk heard it mentioned that starting up a tractor does not frighten horses because they are used to farm equipment. He said that

14 horses will not startle when they can see it and if a human they trust starts the machinery. Mr. Rayhawk stated that a sudden, unexpected, loud sound especially from above causes them to panic. Mr. Rayhawk told the Board that if the natural features buffer is reduced, it is likely that he will have to end his horse business for the safety of humans and horses. He added that the county will have failed the Metro requirement. Mr. Rayhawk recommended that the Board not change the buffer. He said that the Board discussed today increasing the buffer to 30 feet in other areas. Mr. Rayhawk agreed that the current 20 foot wide buffer on the east side which merges the buffer and the THPRD trail cannot provide an adequately dense screen to protect possible future agricultural activities from urban activities. He said that if the Board was to try to re-establish the 20 foot screening buffer and the 10 foot wide trail, this would create a mess with respect to takings. Mr. Rayhawk asked the Board to have counsel review this. Another reason he recommended not changing the buffer was due to the fact that the county will lose the right to regulate it if takings are involved. 8. BOARD ANNOUNCEMENTS Chair Duyck announced that this is Fair week and encouraged everyone to attend and have fun. He provided the dates for the Fair Thursday through Sunday, July 24-27, Chair Duyck stated that the next Board meeting will be held on August 5, He explained that there is no meeting next week due to its being a fifth Tuesday. Chair Duyck specified that on August 5, Worksession will begin at 8:30 a.m. and Board Meeting will convene at 10:00 a.m. Chair Duyck acknowledged that this is Simina Mistreanu s last meeting covering the Board and Washington County for the Oregonian. He asked about her future plans. Ms. Mistreanu responded that she is returning to Europe. She said that it has been a joy to cover Washington County. Audience applause was provided to Ms. Mistreanu. Chair Duyck wished Ms. Mistreanu safe travels and best wishes for future endeavors. Vice Chair Terry added his best wishes and complimented Ms. Mistreanu on her writing. Commissioner Malinowski thanked Ms. Mistreanu for her work and said that it was nice to have a Fulbright scholar covering our news. 9. ADJOURNMENT: 7:13 p.m. Motion Maliowski 2 nd Terry Vote 3-0

15 MINUTES APPROVED THIS DAY 2014 RECORDING SECRETARY CHAIRMAN