; MINUTES - Download as DOC
Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out
Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>

MINUTES - Download as DOC

VIEWS: 67 PAGES: 12

  • pg 1
									MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS OCTOBER 22, 2002

CONVENED:

6:34 p.m.

BOARD OF COMMISSIONERS: Vice Chair John Leeper Commissioner Dick Schouten Commissioner Andy Duyck Chairman Brian and Commissioner Rogers were absent on this date. STAFF: Charles D. Cameron, County Administrator Dan Olsen, County Counsel Alan Rappleyea, Senior Assistant County Counsel Brent Curtis, Planning Division Manager, LUT Blair Crumpacker, Senior Planner, LUT Joanne Rice, Senior Planner, LUT Paul Schaefer, Senior Planner, LUT Mike Borresen, County Engineer, LUT Gregg Leion, Senior Planner, LUT Bill Gaffi, General Manager, CWS Linda Gray, CPO Coordinator Jeff Friend, AudioVisual Specialist Barbara Hejtmanek, Recording Secretary PRESS: Laura Gunderson, The Oregonian 1. CONSENT AGENDA

Commissioner Duyck directed that the Minutes of September 24, 2002 and October 1, 2002 be removed from the Consent Agenda and corrected per the request of Commissioner Schouten at today’s Worksession. It was moved to adopt the Consent Agenda, absent the Minutes. Motion – Duyck 2nd – Schouten Vote – 3-0

1

CLEAN WATER SERVICES 1.a. CWS MO 02-101 Approve Master Agreements for Instrumentation and Control Projects (Approved Under Consent Agenda) 1.b. CWS MO 02-102 Approve Encroachment Agreement with Brett M. and Karen J. Sims (CPO 4B) (Approved Under Consent Agenda) 1.c. CWS MO 02-103 Approve the Quitclaim of a Portion of a Permanent Storm, Surface Water Drainage and Detention Easement for Taenller Pines, LLC (Tax Lot 12400) (CPO 7) (Approved Under Consent Agenda) 1.d. CWS MO 02-104 Approve the Quitclaim of a Portion of a Permanent Storm, Surface Water Drainage and Detention Easement for Taenller Pines, LLC (Tax Lot 17100) (CPO 7) (Approved Under Consent Agenda) 1.e. CWS MO 02-105 Accept the Construction of the Alice Park Storm Upgrade as Final, Make Final Payment and Release Retainage to Emery & Sons Construction, Inc. (CPO 6) (Approved Under Consent Agenda) LAND USE AND TRANSPORTATION 1.f. MO 02-365 Amend Agreement with Oregon Department of Transportation for Oregon Transportation Investment Act Program Funding for Farmington Road Project (CPO 6, 10) (Approved Under Consent Agenda) 1.g. MO 02-366 Approve Agreement with Tri-Met to Exchange Funds for the LaFollett Road Bridge Replacement Project (CPO 12) (Approved Under Consent Agenda)

2

1.h. MO 02-367 Amend Agreement with Oregon Department of Transportation for Oregon Transportation Investment Act Program Funding for the Tualatin River Overflow Bridge Project (CPO 9, 10) (Approved Under Consent Agenda) HEALTH AND HUMAN SERVICES 1.i. MO 02-368 Grant Authorization to Request Mental Health Organization Contract from the State of Oregon (Approved Under Consent Agenda) SUPPORT SERVICES 1.j. MO 02-369 Increase the Number of Authorized Persons in the Department of Housing Services by 3.00 FTE’s (Approved Under Consent Agenda) 2. None. OFF DOCKET – COUNTY ADMINISTRATIVE OFFICE MO 02-371 Announce Vacancies on Boards and Commissions Vice Chair Leeper announced three vacancies coming due on January 1, 2003, on the Public Safety Coordinating Council. He indicated that this Council makes recommendations on criminal justice and juvenile justice policy. Vice Chair Leeper encouraged interested persons to telephone (503) 846-8685 or to visit the County website. He specified that recruitment of applicants for these vacancies will continue through December 3, 2002, or until all vacancies are filled. 3. PUBLIC HEARINGS – CLEAN WATER SERVICES 3.a. CWS RO 02-48 Hold Public Hearing and Adopt Resolution and Order Levying Final Assessments for the Butner Local Improvement District (CPO 1) Bill Gaffi stated that this project has proceeded through construction. He observed that the process is at the point of requesting public testimony relative to levying of the final assessments for the project. Mr. Gaffi commented that the costs are somewhat lower than the preliminary estimated cost. He informed the Board that staff has received expressions ORAL COMMUNICATION (2 MINUTE OPPORTUNITY)

3

of continuing concern about the project from two individuals who had previously opposed formation of the Local Improvement District. Mr. Gaffi called attention to two corrections to Attachment 1 of the report: 1) In the first sentence under Summary of Completed Project, the word ―west‖ is replaced with ―east‖; 2) Under the Project Cost Summary, the second sentence should read ―The actual total cost for the project…‖ rather than ―The actual construction cost for the project…‖. The public hearing was opened. No public testimony was received. The public hearing was closed. It was moved to adopt the Resolution and Order to levy assessments for the Butner Local Improvement District. Motion – Duyck 2nd – Schouten Vote – 3-0 Commissioner Schouten stated that this project addresses some serious health hazard violations on one of the properties. He explained that in order to serve that property in terms of gravity flow, it is necessary to put together this four-property Local Improvement District. Commissioner Schouten viewed this action as a means of taking a small step forward in getting all of the unsewered areas in the County sewered inside the Urban Growth Boundary. 3.b. CWS RO 02-49 Hold Public Hearing and Adopt Resolution and Order Levying Final Assessments for the Sunningdale Local Improvement District (CPO 1) Bill Gaffi was not aware of the receipt of any remonstrances on this project. He stated that the final construction costs are substantially less than what was anticipated, which is a very positive result. The public hearing was opened. No public testimony was forthcoming. The public hearing was closed.

4

It was moved to adopt the Resolution and Order to levy assessments for the Sunningdale Local Improvement District. Motion – Schouten 2nd – Duyck Vote – 3-0 Vice Chair Leeper announced that the following item—which was continued from October 8, 2002—would now be taken up for consideration. OFF DOCKET – LAND USE & TRANSPORTATION/COUNTY COUNSEL MO 02-370 Proposed A-Engrossed Ordinance No. 591 – An Ordinance Amending the Community Development Code to Make Limited Changes Relating to Wireless Telecommunications Facilities and to the Siting of Utility Facilities Necessary for Public Service on Lands Designated EFU and AF-20 There was a motion to read Proposed A-Engrossed Ordinance No. 591 by title only. Motion – Duyck 2nd – Schouten Vote – 3-0 Alan Rappleyea read the proposed ordinance by title. Paul Schaefer reviewed that earlier this year, the Board directed staff to prepare an ordinance to address five issues relating to cell towers—issues which were raised in response to concerns voiced by a CPO working group. He stated that A-Engrossed Ordinance 591 addresses the following issues: 1. Apply current co-location standards for wireless telecommunications facilities in residential districts to new wireless telecommunications facilities in non-residential districts. 2. Require that abandoned wireless telecommunications facilities be removed and the sites restored to pre-construction condition. 3. Prohibit the construction of speculative towers. (Speculative or ―spec‖ towers are towers that contain only mounts for future antenna installations without a binding contract for use by a wireless service provider.) 4. Incorporate the provisions of ORS 215.275 and OAR 660-33 (state requirements) for utility facilities necessary for public service (e.g., wireless telecommunications facilities, water lines) in the EFU and AF-20 Districts. 5. Encourage the use of concealment technology to hide or camouflage wireless telecommunications facilities.

5

Mr. Schaefer recommended that the Board hold the public hearing and then continue this ordinance to October 29, 2002, as required by County Charter. The public hearing was opened. No public testimony was offered. The public hearing was closed. It was moved to continue the public hearing to October 29, 2002 as required by Chapter X of the County Charter. Motion – Duyck 2nd – Schouten Vote – 3-0 4. PUBLIC HEARING – LAND USE AND TRANSPORTATION/ COUNTY COUNSEL

4.a. MO 02-363 Proposed A-Engrossed Ordinance 588 – An Ordinance Amending the Transportation Plan, the Comprehensive Framework Plan for the Urban Area, the Rural/Natural Resource Plan, the Community Plans and the Community Development Code, All Elements of the Comprehensive Plan Relating to Transportation Planning (All CPOs) There was a motion to read Proposed A-Engrossed Ordinance 588 by title only. Motion – Duyck 2nd – Schouten Vote – 3-0 Alan Rappleyea read the proposed ordinance by title. Blair Crumpacker reviewed that this is the Board’s seventh public hearing on Ordinance 588 and the first public hearing on the A-Engrossed version of the ordinance. (Engrossment was ordered at the October 8, 2002 hearing.) He stated that since that time, staff modified and filed the ordinance and sent notice out consistent with the requirements of Chapter X of the County Charter. Mr. Crumpacker informed the Board that the ordinance was initially filed on October 11, 2002. However, he reported that after it was filed, staff discovered that a functional classification category (proposed arterials) had been unintentionally deleted from the Functional Classification Maps. Mr. Crumpacker noted that this was contrary to the Board’s direction and inconsistent with the notice that was mailed out. He indicated that staff subsequently corrected the maps and re-filed the ordinance. Mr. Crumpacker provided the Board with copies of the modified maps and said these are being distributed to parties who have received copies of

6

the ordinance. He thought it likely that other issues and errors will be discovered as time goes on, as is often the case with ordinances this large and complex. Mr. Crumpacker expected to track these and to bring forward a housekeeping ordinance at the appropriate time as directed by the Board. He told the Board that the notebooks this week include two documents that support A-Engrossed Ordinance 588: the Technical Appendix and Legislative Findings. Mr. Crumpacker said that these and a background document are scheduled for Board review on October 29, 2002 and that they would be adopted by Resolution and Order. Commissioner Schouten wanted to know if since the Technical Appendix and Legislative Findings are adopted by Resolution and Order, they are also part of the Transportation Plan update. Staff affirmed that this is the case. Commissioner Schouten asked why they were not being included as attachments to the Ordinance itself. Brent Curtis responded that in the past, staff has found that the background document consists of the facts as opposed to analysis, policies and strategies. He explained that the Board is not required to adopt those as a legally binding part of the plan, i.e., by ordinance. Rather, Mr. Curtis stated, these are adopted by Resolution and Order. He specified that they are still a part of the Transportation Plan and are still binding by Resolution. Mr. Curtis pointed out that doing it this way affords a greater flexibility to adjust that in the future because it is a Resolution. The public hearing was opened. Fred Nussbaum, 6510 SW Barnes Road, Portland, Oregon, represented the Association of Oregon Rail and Transit Advocates as their Strategic Planner. He addressed 6.12 in Exhibit 8, page 6 of the A-Engrossed Ordinance. Mr. Nussbaum referenced related parts of the plan which relate to the Sherwood-Tualatin area and to deficiencies in the rural area between Sherwood, Tualatin, and Hillsboro. He viewed with concern the resurrection of the Western Bypass Study because he regarded this as a waste of time and money. Having said that, Mr. Nussbaum stated that the language in the October 8th revisions is certainly better than the originally-proposed verbiage. He continued to argue, however, that there is no compelling reason for the County to spend any additional effort on any project that might result in an arterial road running through the rural part of Washington County outside the Urban Growth Boundary. Mr. Nussbaum was aware that the Board received a letter from Citizens for Sensible Transportation, which goes into some detail about criteria for evaluating studies. Lucinda Hites-Clabaugh, 2704 Firwood Lane, Forest Grove, Oregon, testified that she has lived in the Forest Grove community for fourteen years and has attended numerous City Council meetings. She stated that City Council assured citizens that things were only in the proposal stages. Ms. Hites-Clabaugh recalled that there were a number of hearings regarding the Transportation Plan in 1999. She indicated her desire to display some overhead transparencies and staff accommodated this by bring the appropriate equipment forward. As she

7

was waiting for this, Ms. Hites-Clabaugh described her efforts to place her concerns on the Forest Grove record and she also cast doubt on the accuracy of the records kept by the Council. As the speaker’s time ran out, Commissioner Duyck encouraged her to identify a specific concern or concerns. Ms. Hites-Clabaugh objected to the fact that there is nothing in the Transportation Plan regarding extending light rail to Forest Grove. She utilized two overhead transparencies to illustrate her concern regarding the lack of a bicycle path going from Pacific University to Forest Grove High School. Ms. Hites-Clabaugh was disappointed that these issues leave gaps in the Transportation Plan and asked that the plan be amended. She turned to a third area of concern, namely, to the extension of Hawthorne Street. Commissioner Duyck asked if the speaker could provide the Board with written copies of her concerns. Ms. Hites-Clabaugh did not have anything to submit but continued to speak about her concerns. Commissioner Schouten called attention to Section 12.13, Exhibit 14, pages 3 and 4, where it says ―Coordinate with federal, state, regional, and local agencies to explore the expansion of commuter rail lines to Hillsboro/Forest Grove.‖ He went on to say that a map in Exhibit 14 also indicates a line that runs from Hillsboro into Forest Grove, which could be a possible bus with potential light rail, commuter rail, or rapid bus line. Commissioner Duyck mentioned that he has advocated for commuter rail to extend to Forest Grove for quite some time. Vice Chair Leeper suggested that the speaker talk to the Land Use & Transportation Planners following tonight’s meeting about these particular issues. He spoke of the County’s extensive public outreach program during this ordinance season. Meeky Blizzard, 16815 SW Pleasant Valley Road, Beaverton, Oregon, distributed a letter to the Board, which may be found in the Meeting File. Her remarks addressed Policy 6.12, which she found to be confusingly written. Ms. Blizzard observed that it raises two critical issues: 1. It talks about north/south circulation and capacity needs in the western urban areas (implying Forest Grove, Cornelius, and Hillsboro) and then refers to the area between Hillsboro and Tualatin-Sherwood (which is not urban and is not western). It refers to urban travel needs in a rural area. 2. Nowhere does the Transportation Plan identify the needs, facilities, programs and services necessary to accommodate north/south circulation in this rural area. Ms. Blizzard referenced Exhibit 12, page 6, and said that the Hillsboro-Sherwood Improvement Area is identified as a study area despite the fact that no needs have been identified in the Transportation Plan for rural improvements there. She stated that the proposed 2020

8

Transportation Plan establishes the clear intent to study the Hillsboro-Sherwood rural area for some vaguely anticipated future urban travel demands but does not identify what those needs are. Ms. Blizzard regarded this as an answer in search of a problem. She recommended that the proposed plan be changed as follows:    Delete Policy 6.12, found in Exhibit 8, pages 6 and 7. Delete the Hillsboro-Sherwood Improvement Area from the Study Area identified in Exhibit 12, page 6. Delete the designation of the Hillsboro-Sherwood Improvement Area from the Washington County Study Area map, shown on Exhibit 12, page 20.

Ms. Blizzard stated that the Board needs to move beyond looking at productive agricultural land outside the Urban Growth Boundary to serve urban travel needs. Commissioner Duyck stated that if the Board was to delete these at this late date, this ordinance would need to be re-engrossed and would continue into March, 2003. Ms. Blizzard responded that this is an important thing to do, if that is what is necessary. There was a motion to continue the public hearing to October 29, 2002 as required by Chapter X of the County Charter. Motion – Duyck 2nd – Schouten Vote – 3-0 Commissioner Schouten seconded the motion because he wanted the issues to be brought up next week, when the entire Board is present. Commissioner Duyck agreed and pointed out that there is still the opportunity to continue this ordinance to next year next week. He preferred for the entire Board to participate in making such an important decision. Commissioner Schouten said that his own views on Policy 6.12 are well known by now. However, he did not feel that, in itself, was enough of an issue to not continue this item. Vice Chair Leeper appreciated Commissioner Schouten’s consideration for the rest of the Board. 5. PUBLIC HEARING – SERVICE DISTRICT FOR LIGHTING NO. 1 5.a. SDL RO 02-20 Form Assessment Area, Authorize Maximum Annual Assessment and Impose a First Year Assessment, Merlo Station Townhomes No. 2 & 3 aka Sunset Place (CPO 6)

9

Mike Borresen stated that on September 24, 2002, the Board accepted petition signed by 75 percent of the owners for Merlo Station Townhomes No. 2 and 3 aka Sunset Place as an assessment area within the Service District for Lighting No. 1 and scheduled a public hearing for tonight. He said that unless a majority of owners submit objections in writing prior to the close of the hearing, staff requests the Board to approve the Resolution and Order for the installation of streetlighting facilities, authorize maximum annual assessments, and impose first year assessments. The public hearing was opened. No public testimony was proffered. The public hearing was closed. It was moved to approve by Resolution and Order the installation of streetlighting facilities, authorize the maximum annual assessments and impose first year assessments. Motion – Schouten 2nd – Duyck Vote – 3-0 6. COUNTY COUNSEL 6.a. MO 02-364 Introduction and First Reading of Proposed Ordinance No. 600 – Amend Dog Control Ordinance to Allow Designated Offenses to be Enforced as Civil Infractions There was a motion to read Proposed Ordinance No. 600 by title only. Motion – Duyck 2nd – Schouten Vote – 3-0 Alan Rappleyea read the proposed ordinance by title. He observed that this is the first reading for this ordinance and that this is not yet a public hearing.

It was moved to continue this matter to November 5, 2002 for second reading. Motion – Duyck 2nd – Schouten Vote – 3-0

10

7. None. 8.

ORAL COMMUNICATION (10 MINUTE OPPORTUNITY)

BOARD ANNOUNCEMENTS

Commissioner Duyck announced that the Board will next meet on the fifth Tuesday of this month, October 29, 2002, at 10 a.m. 9. ADJOURNMENT: 7:11 p.m.

Motion – Schouten 2nd – Duyck Vote – 3-0

MINUTES APPROVED THIS ____ DAY _______________________________ 2002

_______________________________ RECORDING SECRETARY

___________________________________ CHAIRMAN

11

12


								
To top