boc agenda 04-21-2020 · 4/21/2020  · dick is now happily remarried to state representative sheri...

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April 21, 2020 10:00 a.m. Kathryn Harrington Chair Dick Schouten District 1 Vice Chair Pam Treece District 2 Roy Rogers District 3 Jerry Willey District 4 Charles D. Cameron Public Services Building Auditorium 155 N. First Ave., Suite 300, MS 22, Hillsboro, OR 97124-3072, p: 503-846-8681 www.co.washington.or.us/BOC Stephen Rhodes, Interim County Administrator Diane Taniguchi-Dennis, Chief Executive Officer, Clean Water Services 1

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Page 1: BOC Agenda 04-21-2020 · 4/21/2020  · Dick is now happily remarried to State Representative Sheri Schouten, and they live in Beaverton’s Murray Hill ... County including Banks,

April 21, 2020 10:00 a.m.

Kathryn Harrington Chair

Dick Schouten District 1 Vice Chair

Pam Treece District 2

Roy Rogers District 3

Jerry Willey District 4

Charles D. Cameron Public Services Building Auditorium 155 N. First Ave., Suite 300, MS 22, Hillsboro, OR 97124-3072, p: 503-846-8681

www.co.washington.or.us/BOC

Stephen Rhodes, Interim County Administrator

Diane Taniguchi-Dennis, Chief Executive Officer, Clean Water Services 1

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BOARD OF COUNTY COMMISSIONERS Kathryn Harrington, Chair: As Chair of Washington County's five-member governing Board, Kathryn Harrington represents all of Washington County. With an undergraduate degree in Electrical Engineering, Kathryn enjoyed a 22-year career in the tech industry. She led teams and business units that developed and sold new software products at Wang Laboratories, Central Point Software and Intel in Hillsboro, where she worked for ten years. In 2004, Kathryn left industry to give back to her community full time, working as a community advocate with Citizen Participation Organization 7 and several transportation planning committees. For twelve years, from 2007 through 2018, Kathryn served as the elected District 4 Councilor at Metro, the regional government for this metropolitan area, representing the urban areas of northern and western Washington County. She has served on multiple leadership committees including the Joint Policy

Advisory Committee on Transportation, among others. Kathryn is passionate about improving our community, pushing for more effective land use and citizen input on county issues. In addition to livability, economic prosperity and improving transportation, Kathryn is focused on improving access to government for people of color and improving safety and quality of life for elders and the young. Kathryn’s term as Chair runs until December 2022.

Dick Schouten, District 1 Commissioner: Commissioner Dick Schouten represents District 1, the communities of Aloha, Beaverton and Cooper Mountain. He has been a Commissioner of the Washington County Board from June 2000 to present. Background: Commissioner Schouten's family immigrated from the Netherlands when he was four. Following a Fresno childhood, Dick completed his undergraduate work at Santa Clara University and law degree from University of California, Los Angeles (UCLA). Commissioner Schouten subsequently served as legal counsel for numerous California cities and special districts. Dick and his late first wife, Karen and two daughters moved to Washington County in 1992. Dick practiced law in the Portland area in the 1990’s, most notably representing “Make the Park Whole.” This work helped lead to a critical, 22-acre

addition to the Tualatin Hills Nature Park in 2000. More recently the Intertwine Alliance gave Commissioner Schouten a 2014 "Force of Nature Award" and in 2015, Community Partners for Affordable Housing gave him a "Kerkof Award" for effective affordable housing advocacy. Dick is now happily remarried to State Representative Sheri Schouten, and they live in Beaverton’s Murray Hill neighborhood. Community Involvement: Washington County’s representative on the Metro Policy Advisory Committee (MPAC); Clean Water Services (CWS) Board of Directors; Regional Disaster Preparedness Organization Board; Five Oaks Museum, President of the Museum’s Board of Directors; Council of Forest Trust Land Counties; Association of Oregon and California Counties Board of Directors (alternate); and Member of Washington Country’s Homeless Plan Advisory Board. Mr. Schouten’s term runs through December 2020.

Pam Treece, District 2 Commissioner: Commissioner Pam Treece represents District 2, the northeastern corner including Bethany, Cedar Hills, Cedar Mill, Helvetia, Raleigh Hills, Rock Creek and portions of Beaverton and Hillsboro. Background: Pam Treece was born and raised in Portland. After teaching high school and running her own business, Pam moved to the private sector and worked for Pacific Power for 21 years, retiring as the vice-president of external affairs. She has served as the executive director of Westside Economic Alliance since 2012. She received her undergraduate degree from Portland State University and her masters’ degree from Lewis and Clark College. Community Involvement: Oregon Department of Transportation’s Region 1 Area Commission on Transportation (ACT), PCC Forward Bond Steering Committee, Portland Region Value

Pricing Policy Advisory Committee, Tualatin Hills Park & Recreation District’s Foundation Board, Washington County Fairground Advisory Committee, Worksystem Inc’s Board and Executive Committee, Washington County Transportation Futures Advisory Committee, TriMet - low-income task force, Chair of Beaverton School District Bond Advisory Committee, Intel’s Community Advisory Panel, Metro’s Equity Strategy Advisory Committee, Planned Parenthood of the Columbia-Willamette Board, YWCA Board, and American Leadership Forum Class XIII.

Roy Rogers, District 3 Commissioner: Commissioner Rogers represents District 3, which includes the cities of Tigard, Tualatin, King City and Sherwood. A Certified Public Accountant, Mr. Rogers is a partner in the firm of Pauly Rogers & Company PC, one of the largest municipal auditors in the State of Oregon. Mr. Rogers’ other governmental experience includes the Washington County Clean Water Services Board; Mayor, City of Tualatin (1978-1985); President, Oregon Mayor's Association; Metro Joint Policy Advisory Committee on Transportation; and League of Oregon Cities Committees. Roy Rogers has served on the Board of Commissioners since January 1985. His current term runs through December 2020. Jerry Willey, District 4 Commissioner: District 4 represents a large portion of the rural area of Washington County including Banks, North Plains, Forest Grove, Cornelius and Gaston. Jerry worked for 33 years as a CPA and partner in the firm of Jones & Roth, CPAs retiring in 2010. He was elected as the Hillsboro Mayor in 2009 and served 8 years. Jerry is a graduate of Washington State University with a Bachelor of Arts in Accounting. He spent 4 years in the Navy including a tour in Vietnam. Jerry believes in giving back to the community and has volunteered for many organizations. In 1997 he was recognized as Hillsboro Citizen of the Year by the Hillsboro Chamber of Commerce. He has also received a Mayors Leadership Award from the Oregon Mayors Association in 2015, a special merit award from the Hillsboro Chamber in 2016, and the James C. Richards Memorial Award from the League of Oregon Cities in 2016.

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TABLE OF CONTENTS

MEETING CALENDAR 5

1. ORAL COMMUNICATION

Limited to two minutes per individual; ten minutes total.

2. CONSENT AGENDA

The items on the Consent Agenda are considered routine and will all be adopted inone motion unless a Board member requests, before the vote on the motion, tohave the item considered separately. If any item is removed from the ConsentAgenda, the Chair will indicate when it will be discussed in the regular agenda. A listof Consent Agenda items is included at the end of the agenda packet.

3. PRESENTATION – HEALTH AND HUMAN SERVICES

a. COVID-19 Update 7

4. PROCLAMATION – SUPPORT SERVICES

a. Proclaim April 22, 2020 to Be the 50th Anniversary of Earth Day 9

5. BOARDS AND COMMISSIONS

a. Appoint Members to County Budget Committees 11

6. PUBLIC HEARING – SUPPORT SERVICES

a. Adopt Resolution and Order to Amend the Revised Personnel Rules &Regulations and Adopt Temporary Policies T-311 and T-312

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7. ACTION – HEALTH AND HUMAN SERVICES

a. Declare an Emergency Related to COVID-19 29

8. ORAL COMMUNICATION

9. BOARD ANNOUNCEMENTS

10. ADJOURNMENT

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REVISED

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CONSENT AGENDA

MINUTES

March 31, 2020

CLEAN WATER SERVICES

a. Approve Intergovernmental Agreement with Tualatin Valley Water Districtfor Phase II Implementation of the Customer Information System

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LAND USE AND TRANSPORTATION

b. Authorize Transportation Development Tax Annual Index Adjustment(All CPOs)

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c. Approve Contract Amendment No. 1.3 with WSP for Final Design Services forthe Cornelius Pass Road (Frances Street to Tualatin Valley Highway) ProjectNo. 100254 (CPO 6,9)

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d. Approve Declaration of Necessity and Protective Rent Payments for Right-of-Way Acquisition for the Century Boulevard Extension (Main Street to LoisStreet) Project (CPO 9)

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ASSESSMENT & TAXATION

e. Approve Assessment and Taxation Expenditures and Grant Documents for FY2020-21

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HEALTH AND HUMAN SERVICES

f. Approve Contract Between Washington County Public Health andMultnomah County Health Department

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SERVICE DISTRICT FOR LIGHTING

g. Set Public Hearing to Amend Assessment Area Equipment for Garden HomeNo. 147 (Piper Ridge Subdivision) (CPO 3)

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April 7, 2020

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The Washington County Board of Commissioners public meetings are available for live-streaming from the County’s YouTube channel. Board work sessions are broadcasted in audio only with the County logo filling the screen. Regular meetings are streamed in full video. Those who subscribe at www.YouTube.com/WashingtonCntyOregon will be notified automatically when live-streaming begins.

BOARD OF COMMISSIONERS MEETING CALENDAR

Tuesday, April 21, 2020 Work Session – 8:30 a.m.

Board Meeting – 10:00 a.m.

Tuesday, April 28, 2020 Work Session – 2:00 p.m.

Board Meeting – 6:30 p.m.

Tuesday, May 5, 2020 Work Session – 8:30 a.m.

Board Meeting – 10:00 a.m.

Tuesday, May 12, 2020 Extended Work Session – 8:30 a.m.

Tuesday, May 19, 2020 Work Session – 8:30 a.m.

Board Meeting – 10:00 a.m.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Presentation – Health and Human Services Agenda Title: COVID-19 UPDATE Presented by: Marni Kuyl, Director of Health and Human Services

Agenda Item No. 3.a.

Date: 04/21/20

SUMMARY: The Health and Human Services Department will be providing an update on COVID-19.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Proclamation – Sustainability Program Agenda Title: PROCLAIM APRIL 22, 2020 TO BE THE 50TH ANNIVERSARY OF EARTH DAY Presented by: Robin Straughan, Sustainability Coordinator, Support Services Department

DEPARTMENT’S REQUESTED ACTION: At your April 21, 2020 meeting, the Sustainability Coordinator requests reading of the Proclamation and a two-minute review of Washington County actions in support of Earth Day. COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 4.a.

Date: 04/21/20

SUMMARY: Washington County’s mission includes supporting healthy, peaceful, safe and sustainable communities. The County values leadership in sustainability as a reflection of effective public administration, health and well-being of our community, and concern for future generations. In recognizing Earth Day, Washington County supports local, national and international efforts to mobilize and act to protect the environment and to conserve natural resources. This also acknowledges that there are more challenges ahead such as climate change and environmental justice that will need to be addressed. In addition to the attached proclamation declaring April 22, 2020 to be the 50th Anniversary of Earth Day, the Sustainability Coordinator would like to present a two-minute overview highlighting the County’s work in this area. ADDITIONAL INFORMATION: Community Feedback (Known Support/Opposition): There is no known opposition to the proclamation Legal History/Prior Board Action: There are no known prior board proclamations for Earth Day. Budget Impacts: N/A Attachment: Proclamation

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Proclamation Board of Commissioners for Washington County

A PROCLAMATION IN HONOR OF EARTH DAY 50TH ANNIVERSARY

April 21, 2020 WHEREAS, Washington County’s mission includes supporting healthy, peaceful, safe and sustainable communities; and WHEREAS, Washington County recognizes the role and responsibility for public agencies to protect and conserve natural resources, use financial resources effectively and efficiently, and celebrate the achievements of a healthy and productive organization; and WHEREAS, Washington County recognizes the need to carefully consider the impact of our decisions and behaviors so that we not only have a healthy, vibrant and safe community today but also preserve the viability of future generations; and WHEREAS, Washington County is committed to building upon and expanding its sustainability initiatives and practices; and WHEREAS, the first Earth Day on April 22, 1970, is credited with launching the modern environmental movement; and WHEREAS, environmental protection and natural resources are of special importance to Washington County residents, agriculture and industry, driving community well-being and economic success; and WHEREAS, both the progress to protect and improve our environment over the last fifty years as well as the challenges ahead such as climate change and environmental justice must be acknowledged; NOW, THEREFORE, BE IT RESOLVED, that on this 21st day of April 2020, the Washington County Board of Commissioners, does hereby proclaim April 22, 2020 to be the 50th Anniversary of Earth Day in the United States and calls on the people of Washington County to observe this month with appropriate programs, activities and reflections.

_______________________________ Kathryn Harrington, Chair _______________________________ Recording Secretary _______________________________ Minute Order

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Boards and Commissions Agenda Title: APPOINT MEMBERS TO COUNTY BUDGET COMMITTEES Presented by: Jack Liang, Director of Support Services (Interim) / Chief Finance Officer

DEPARTMENT’S REQUESTED ACTION: • Appoint Leroy Bentley and Karen Bolin to the Washington County / SDL No. 1 Budget

Committee for terms ending June 30, 2022. • Appoint Anthony Mills to the ESPD / URMD Budget Committee for term ending June 30,

2021. Appoint Melissa Laird, Stephen Baron, and Raymond L Eck, Jr. to the ESPD / URMD Budget Committee for terms ending June 30, 2022.

• Appoint Bruce Young to the North Bethany CSDR Budget Committee for term ending June 30, 2022.

Agenda Item No. 5.a.

Date: 04/21/20

SUMMARY: Currently, Washington County has three budget committees with vacancies as the following:

• Washington County / Service District for Lighting (SDL) No. 1 Budget Committee with 2 vacancies.

• Enhanced Sheriff’s Patrol District (ESPD) / Urban Road Maintenance District (URMD) Budget Committee with 4 vacancies.

• North Bethany County Service District for Roads (CSDR) Budget Committee with 1 vacancy. Members of all Budget Committees must reside within Washington County and Budget Committee member terms are normally three years.

Staff interviewed 15 applicants for the Washington County / SDL No. 1 Budget Committee, 8 applicants for the ESPD / URMD Budget committee, and 4 applicants for the North Bethany CSDR Budget Committee.

The applicants were reviewed with the Board of County Commissioners at the April 14th, 2020 work session. This agenda recommends your Board appoint Leroy Bentley and Karen Bolin to the Washington County / SDL No. 1 Budget Committee; Anthony Mill, Melissa Laird, Stephen Baron, and Raymond L Eck, Jr. to the ESPD / URMD Budget Committee; and Bruce Young to the North Bethany CSDR Budget Committee.

(continued) Attachment: Budget Committee Member Matrices

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APPOINT MEMBERS TO COUNTY BUDGET COMMITTEES BOC 04/21/20 ADDITIONAL INFORMATION: Community Feedback (Known Support/Opposition): None Legal History/Prior Board Action: N/A Budget Impacts: N/A

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Washington County Budget Committee Service District for Lighting No. 1 Budget Committee Description: Reviews the proposed budget developed for the Washington County and Service

District for Lighting No. 1 Member Description: The Board of Commissioners plus five residents of the county. The five residents

must live in Washington County. Term Length: 3 years Term Limit: None Vacancy Total: 2 Applicant Total: 15

District*

First Appointed

Term Expires Position

New Applicants Recommended for Appointment

Leroy Bentley (Reapplying) 2 2/16/2010 Member Karen Bolin (New) 1 Member Other Applicants Tyler R McKean 4 Robert Kellogg 3 Melissa Laird 2 Darlene J Dick 3 Jim McCreight 1 Jeffery S Hindley 1 Shabba Woodley 1 John Junkin 1 Shaun Savage 1 Anthony Mills 1 Jennifer Burghardt 1 Ken Knowles 4 Stephen Baron 1 Current Members K S Venkatraman 4 3/19/2019 6/30/2021 Member James Knowlton 3 3/19/2019 6/30/2021 Member Rachael Twitty 1 2/18/2014 6/30/2020 Member Mid-Term Vacancies

* For information purposes only; members are not appointed by Commissioner District.

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Enhanced Sheriff’s Patrol District Budget Committee Urban Road Maintenance District Budget Committee Description: Reviews the proposed budget developed for the Enhanced Sheriff’s Patrol District

and Urban Road Maintenance District Member Description: The Board of Commissioners plus five residents of the county. The five residents

must live in Washington County. Term Length: 3 years Term Limit: None Vacancy Total: 4 Applicant Total: 8

District*

First Appointed

Term Expires

Position

New Applicants Recommended for Appointment

Anthony Mills (Reapplying) 1 1/5/2016 Member Melissa Laird (New) 2 Member Stephen Baron (New) 1 Member Raymond L Eck, Jr (New) 1 Member Other Applicants Jeffrey S Hindley 1 Jennifer Burghardt 1 Karen Bolin 2 Leroy Bentley 2 Current Members Daniel Hauser 1 3/19/2019 6/30/2021 Member Mid-Term Vacancy

* For information purposes only; members are not appointed by Commissioner District.

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North Bethany County Service District for Road Budget Committee Description: Reviews the proposed budget developed for the North Bethany County Service

District for Road Member Description: The Board of Commissioners plus five residents of the county. The five residents

must live in Washington County. Term Length: 3 years Term Limit: None Vacancy Total: 1 Applicant Total: 4

District*

First Appointed

Term Expires Position

New Applicants Recommended for Appointment

Bruce Young (New) 2 Member Other Applicants Sofia Deyanira 2 Keyanus L Jacobo 2 Matthew Brown 2 Current Members Murali Balan 2 5/2/2017 6/30/2020 Member Daniel Reid 2 5/2/2017 6/30/2020 Member Sarah Beachy 2 5/2/2017 6/30/2021 Chair Tosin Abiodun 2 7/1/2018 6/30/2021 Member Mid-Term Vacancies

* For information purposes only; members are not appointed by Commissioner District.

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WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Public Hearing – Support Services Agenda Title: ADOPT RESOLUTION AND ORDER TO AMEND THE REVISED PERSONNEL

RULES & REGULATIONS AND ADOPT TEMPORARY POLICIES T-311 AND T-312 Presented by: Jack Liang, Interim Director of Support Services

Eva LaBonte, Interim Assistant Director of Support Services

DEPARTMENT’S REQUESTED ACTION: Conduct a public hearing and adopt resolution and order to amend the revised personnel rules & regulations and adopting temporary policies T-311 and T-312.

COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 6.a.

Date: 04/21/20

SUMMARY:

The purpose of this agenda is to hold a public hearing and request that your Board adopt Temporary Policy T-311 – Novel Coronavirus/COVID-19 Emergency Paid Sick Leave Act (E-PSL) and Emergency FMLA Amendment (E-FMLA) Policy, and to temporarily amend the Revised Personnel Rules & Regulations by adopting Temporary Policy T-312, Novel Coronavirus/COVID-19 Vacation Accrual Cap and MAPPS Utilization Cap Policy.

Another temporary policy (T-310) was already implemented by the County Administrator as allowed under the County’s Personnel Rules and Regulations, Article 1.4 ‘Suspension of the Personnel Rules and Regulations’, which permits temporary suspensions and revisions of the Personnel Rules in certain circumstances. Although temporary policies T-311 and T-312 are also being implemented due to the current COVID-19 Emergency Declaration, their end date is expected to exceed the end of the Emergency Declaration. Temporary Policy T-311: Novel Coronavirus/COVID-19 Emergency Paid Sick Leave Act (E-PSL) and Emergency FMLA Amendment (E-FMLA) Policy

This policy is needed to comply with the new temporary leave laws enacted by the United States Congress pursuant to the Families First Coronavirus Response Act (FFCRA) as amended by the Coronavirus Aid, Relief and Economic Security Act (CARES) in response to the current COVID-19 pandemic. (continued) Attachments: Resolution and Order Temporary Policy T-311 Temporary Policy T-312

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ADOPT RESOLUTION AND ORDER TO AMEND THE REVISED PERSONNEL RULES & REGULATIONS AND ADOPT TEMPORARY POLICIES T-311 AND T-312 BOC 04/21/20

If an employee has work available but is unable to work or telecommute due a qualifying reason related to the COVID-19 pandemic. Employees will be eligible to take Emergency Paid Sick Leave (E-PSL) or use Emergency Family Medical Leave (E-FMLA), or Emergency Oregon Family Leave (E-OFLA) leave to care for a son or daughter whose school is closed due to COVID-19, as described in the attached policy. All employees meeting the eligibility criteria are eligible for these types of leave. This leave is in addition to County paid sick leave that employees accrue under Washington County’s Personnel Rule 7.3.1. Employees’ accrued sick leave banks will not be withdrawn from for leave taken under this policy unless the employee elects to do so for the first 10 days of unpaid E-FMLA or any E-OFLA leave. According to Federal law, this policy is proposed to expire on December 31, 2020.

Policy T-312: Novel Coronavirus/COVID-19 Vacation Accrual Cap and MAPPS Utilization Cap Policy

Vacation: This policy temporarily amends Section 7.2.5 of the Revised Personnel Rules, temporarily changing the maximum accrual limit of Vacation Leave from three hundred and sixty (360) hours to four hundred and eighty (480) hours through and until June 30, 2021. The remaining provisions of Section 7.2 of the Revised Personnel Rules and Regulations, Vacation Leave, will continue to apply as written. All vacation accruals in excess of three hundred and sixty (360) hours must be utilized by employees prior to July 1, 2021. Effective July 1, 2021, any vacation accruals an employee holds over three hundred and sixty (360) hours shall be forfeited.

If an employee separates from employment with the County, for any reason, the maximum vacation payout shall remain three hundred and sixty (360) hours, regardless of any additional hours carried by the employee in excess of 360 under this temporary policy.

Management, Administrative and Professional Personnel System (MAPPS) Leave Accrual Carryover: Currently, FLSA-exempt (MAPPS) employees are provided 40 hours of Administrative Leave each fiscal year and must be used dur that fiscal year or it is forfeited. Under this Rules amendment, employees who are eligible for MAPPS Leave will be allowed to carry a maximum balance of 80 hours until June 30, 2021. All other provisions of the MAPPS policy will continue to be followed as written. As of July 1, 2021, any unused MAPPS leave carried by the employee will be forfeited.

ADDITIONAL INFORMATION:

Community Feedback (Known Support/Opposition): None Legal History/Prior Board Action: Temporary Policy T-311 is related with Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief and Economic Security Act (CARES) Budget Impacts: • Temporary Policy T-311: Federal law requires that employers cover the expense of

implementing the policy provisions, and costs to each department will vary depending on how many employees utilize the leaves, and to what extent they are used.

• Temporary Policy T-312: None. Although the maximum vacation accrual cap is temporarily raised, the maximum vacation payout rate at end of employment remains the same as it is currently.

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Page 1 - RESOLUTION AND ORDER (Adopting Temporary Policies T-311 and T-312) WASHINGTON COUNTY COUNSEL

155 N FIRST AVENUE, SUITE 340, MS #24 HILLSBORO, OR 97124

PHONE (503) 846-8747 - FAX (503) 846-8636

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Adopting Temporary Policy T-311 – Novel Coronavirus/COVID-19 Emergency Paid Sick Leave Act (E-PSL) and Emergency FMLA Amendment (E-FMLA) Policy and Temporary Policy T-312 Novel Coronavirus/COVID-19 Vacation Accrual Cap and MAPPS Utilization Cap Policy in Response to the COVID-19 Pandemic

) ) ) ) ) ) ) )

RESOLUTION AND ORDER

No.

This matter having come before the Washington County Board of County Commissioners

at its regular meeting on April 21, 2020; and

It appearing to the Board that new temporary leave policies are needed to implement

new temporary leave laws enacted by the United States Congress pursuant to the Families First

Coronavirus Response Act (FFCRA) as amended by the Coronavirus Aid, Relief and Economic

Security Act (CARES) in response to the current Covid-19 pandemic; and

It appearing that a temporary vacation accrual cap and MAPPS utilization cap policy is

needed to ensure that employees who have been unable to take accrued time off, as a result of

having been required to continue working during the current Covid-19 pandemic, are not unfairly

penalized through the loss of accruals that exceed current cap levels when they been unable to

utilize them as a result of the current pandemic; and

It appearing that adoption of these temporary will temporarily amend and or supersede

certain provisions of the Washington County Personnel Rules and Regulations; and

It appearing that the Washington County Board of County Commissioners has provided

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Page 2 - RESOLUTION AND ORDER (Adopting Temporary Policies T-311 and T-312) WASHINGTON COUNTY COUNSEL

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notice and conducted a public hearing on April 21, 2020, pursuant to the requirements of

Washington County Code Section 2.32.080, for the purpose of receiving testimony from citizens,

officers, and employees of the county regarding the proposed temporary policies; it is hereby

RESOLVED AND ORDERED that Temporary Policy T-311 – Novel Coronavirus/COVID-19

Emergency Paid Sick Leave Act (E-PSL) and Emergency FMLA Amendment (E-FMLA) Policy,

attached hereto as Exhibit A and incorporated herein by this reference, is hereby adopted and

shall be effective as of April 1, 2020; and it is further

RESOLVED AND ORDERED that Temporary Policy T-312 Novel Coronavirus/COVID-19

Vacation Accrual Cap and MAPPS Utilization Cap Policy, attached hereto as Exhibit B and

incorporated herein by this reference, is hereby adopted and shall be effective as of April 4, 2020;

and

RESOLVED AND ORDERED that to the extent any of the provisions contained in Temporary

Policies T-311 or T-312 conflict with any current County policies, rules or regulations, the terms

and conditions of policies T-311 and T-312 shall apply.

DATED this 21st day of April, 2020.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIR KATHRYN HARRINGTON RECORDING SECRETARY

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ADMINISTRATIVE POLICY

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SECTION: 300 POLICY#: T-311 TITLE: TEMPORARY Policy – Novel Coronavirus/COVID-19 Emergency Paid Sick Leave Act (E-PSL) and Emergency FMLA Amendment (E-FMLA) Policy

R & O #: IMPLEMENTED BY PROCEDURE #:

SPONSORING DEPT/DIV: Support Services / Human Resources Division ADOPTED: 4-21-2020 REVIEWED:

PURPOSE: The purpose of this temporary policy is to recognize that the novel coronavirus, also known as COVID-19, has impacted Washington County locally. In response to changes in federal law (the Families First Coronavirus Response Act (FFCRA), the Emergency FMLA Amendment (E-FMLA), the Emergency Paid Sick Leave Act (E-PSL)) and Oregon law (the Oregon Family Leave Act new administrative regulation (E-OFLA)), the Washington County Board of Commissioners issues the following temporary policy.

This policy is implemented in response to the new federal laws designed to assist workers during the novel coronavirus/COVID-19 pandemic. Washington County has also implemented a temporary policy to assist employees during this pandemic. (See Policy T-310 - Temporary Response to Novel Coronavirus / COVID-19). Employees should note that, while Washington County may not require qualified employee to utilize their leave benefits in any particular order, it is recommended that employees consider whether it is in their best interests to utilize leave provided under County Policy T-310 prior to accessing either E-PSL leave or E-FMLA leave.

AUTHORITY: This temporary policy is authorized by the Washington County Board of Commissioners pursuant to the requirements of the Families First Coronavirus Response Act, as amended by the Coronavirus Aid, Relief and Economic Security Act, and shall be effective as of April 1, 2020 and shall terminate on December 31, 2020 unless further extended pursuant to state or federal law or the Washington County Board of Commissioners.

DEFINITIONS:

Novel Coronavirus / COVID-19: A respiratory disease caused by a novel (new) coronavirus. The virus has been named “SARS-CoV-2” and the disease it causes has been named “coronavirus disease 2019” (abbreviated “COVID-19”).

EXHIBIT A

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Public Health Emergency: An emergency with respect to COVID-19 declared by a Federal, State, or local authority.

Quarantine: Quarantine separates and restricts the movement of people who were exposed to a contagious disease to see if they become sick.

School Closure Leave: The leave of absence available under E-PSL, E-FMLA and E-OFLA.

Self-Quarantine: To self-quarantine, if the employee has been advised to do so by a local healthcare provider.

Telecommuting: A work arrangement in which the employee works outside the normal work site, often working from home.

Child Care: To care for an employee’s son or daughter if the son or daughter’s school or child care provider has been closed or is unavailable due to COVID-19-related issues.

Son or daughter: “Son or daughter” – For purposes of E-FMLA leave, a “son or daughter” is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and “incapable of self-care because of a mental or physical disability” at the time FMLA leave is to commence. For purposes of E-OFLA, “child” includes a biological, adopted, foster or stepchild, the child of a registered same-sex domestic partner or a child with whom the employee is in a relationship of in loco parentis. For purposes of E-OFLA, the “son or daughter” must be under the age of 18 or over 18 if incapable of self-care.

Place of care: Includes child care providers, and means a provider who receives compensation for providing child care services on a regular basis,

School: Means elementary or secondary school. Community college, university, college, or other post-secondary schools are not included.

Emergency Responder: Any employee who is necessary for the provision of transport, care, health care, comfort, and nutrition of such patients, or whose services are otherwise needed to limit the spread of COVID-19. This includes but is not limited to military or national guard, law enforcement officers, correctional institution personnel, fire fighters, emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, emergency management personnel, 911 operators, public works personnel, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency as well as individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility. This also includes persons determined to be an emergency responder by the Governor of the State of Oregon. For purposes of this policy, the following personnel are specifically designated as emergency responders:

• All sworn and or DPSST certified Sheriff’s Office personnel; • All non-certified personnel employed in or assigned to the Washington County Jail whose positions

have been designated by the Sheriff as essential to the public’s safety; • All personnel assigned to the County’s Emergency Operations Center; • All personnel employed as or assigned as Public Information Officers; • All personnel employed in LUT Operations and all LUT Building Inspectors;

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• All personnel employed in HHS Public Health Supervisory classifications, Nursing classifications, Epidemiologists, Environmental Health Specialist classifications, Medical Death Investigators and other HHS personnel as designated by the HHS Director;

• All personnel employed in Community Corrections as Parole and Probation Officers or employed in the Community Corrections Center whose positions have been designated by the Director as essential to the public’s safety;

• All personnel employed in Juvenile Counselor classifications and all Juvenile employees employed onsite at Harkins House.

Health Care Provider: Any person employed at any doctor’s office, hospital, health care center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity. This includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions.

This definition includes any individual employed by an entity that contracts with any of the above institutions, employers, or entities institutions to provide services or to maintain the operation of the facility. This also includes anyone employed by any entity that provides medical services, produces medical products, or is otherwise involved in the making of COVID-19 related medical equipment, tests, drugs, vaccines, diagnostic vehicles, or treatments. This also includes persons determined to be a health care provider by the Governor of the State of Oregon.

GENERAL POLICY:

If an employee has work available but is unable to work or telecommute due a qualifying reason related to the COVID-19 pandemic, they will be eligible to take E-PSL, E-FMLA, or E-OFLA leave as described below. All employees meeting the eligibility criteria are eligible for these types of leave with two exceptions for E-PSL and E-FMLA that are identified below. This leave is in addition to County paid sick leave that employees accrue under Washington County’s Personnel Rule 7.3.1. Employees’ accrued sick leave banks will not be withdrawn from for leave taken under this policy unless the employee elects to do so for the first 10 days of unpaid E-FMLA or any E-OFLA leave.

Exceptions

E-PSL and E-FMLA are not available to employees whose classifications are within the definitions of health care provider or emergency responder set forth in this policy.

Qualifying Reasons for Emergency Paid Sick Leave (E-PSL)

(1) Quarantine — to comply with a federal, State of Oregon or local quarantine or isolation order related to COVID-19. This does not include situations where a city or county orders its residents to “shelter in place”.

(2) Self-Quarantine — to self-quarantine, if the employee has been advised to do so by a health care provider for reasons related to COVID-19.

(3) Diagnosis or Treatment — to obtain a medical diagnosis or treatment if the employee is experiencing symptoms of COVID-19.

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(4) Care for a Quarantined Individual — to care for an individual who is an immediate family member or who resides in the employee’s home or with whom the employee has a personal relationship such that the employee would be expected to care for them, where such individual is subject to a federal, State of Oregon or local quarantine or isolation order related to COVID-19 or who has been advised by a health care provider to self-quarantine for reasons related to COVID-19.

(5) Child Care — to care for an employee’s son or daughter if the son or daughter’s school or child care provider has been closed or is unavailable due to COVID-19-related issues. Employees may only use this leave when the employer has work for them to perform either at the work place or through telecommuting and they are unable to do so due to the need to care for their child. Employees who have not been assigned work to perform either onsite or through telecommuting are not eligible for this type of leave.

(6) Substantially Similar Care — to care for a substantially similar condition, as determined and specified by the Secretary of Health and Human Services.

Accrual of and Requesting Emergency Paid Sick Leave (E-PSL)

Full-time employees will receive up to 80 hours of E-PSL. The number of hours of E-PSL available to part-time employees depends on the number of hours the employee is scheduled to work during a two-week period and may be calculated using the average number of hours worked in the six months leading up to the commencement of the leave. As an example, if a part-time employee works, on average, 20 hours per week, the employee would be entitled to 40 hours of E-PSL.

Any unused E-PSL will not carry over into 2021. Employees will not be paid the value of any unused E-PSL if they quit, retire, are laid off or terminated.

Although E-PSL is available to employees immediately, employees must follow Washington County’s call-in requirements for regular sick leave use under Personnel Rule 7.3.2. subsection 2 when using E-PSL.

Further, employees will be required as soon as is practical under the circumstances to certify their need for E-PSL, and are required to provide verification as follows:

(1) Quarantine — The name of the federal, Oregon or local government entity issuing the quarantine or isolation order relating to COVID-19. This order must include the Employee’s name or other identifying information sufficient to allow Washington County to conclude that the order affects a particular employee.

(2) Self-Quarantine — Name of the healthcare provider who advised the employee to self-quarantine due to concerns related to COVID-19.

(3) Diagnosis or Treatment — Written verification from the employee’s medical provider of the employee’s effort to receive a medical diagnosis for COVID-19 or treatment if the employee is experiencing symptoms of COVID-19.

(4) Care for a Quarantined Individual — The name of the federal, Oregon or local government issuing the quarantine or isolation order regarding the individual’s requirement to be quarantined that includes the individual’s name or information sufficient to determine that it applies to the individual, or the name of the individual’s health care provider who advised the individual to self quarantine due to COVID-19 concerns.

(5) Child Care — No verification required for school closures due to COVID-19 issues if evidence of closure is publicly available. Written verification from the child care provider about its/his/her unavailability to provide child care due to COVID-19-related issues.

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(6) Substantially Similar Care — Written verification from the employee’s health care provider of the employee’s need to stay home for a substantially similar condition, as determined and specified by the Secretary of Health and Human Services.

Capped Wages Paid Under Emergency Paid Sick Leave (E-PSL)

• For leave due to reasons (1), (2) or (3), above, an employee will earn the employee’s regular rate of pay, capped at $511 per day, for a maximum of $5,110.

• For leave due to reasons (4), (5) or (6), above, an employee will earn 2/3 of the employee’s regular rate of pay, capped at $200 per day, for a maximum of $2,000.

Employees will not be allowed to use their paid accruals or County COVID-19 Absence leave to supplement E-PSL or any paid portion E-FMLA leave pay. However, employees may use any paid accruals or E-PSL pay to cover the first 10 unpaid days of E-FMLA leave.

Employees may only request to take E-PSL intermittently to care for a child whose school or daycare is closed.

Emergency Family Medical Leave Act (E-FMLA) and Oregon Family Leave Act Amendment (E-OFLA) Policy for School Closures

Employees are eligible to receive time off under E-FMLA and E-OFLA when the employee is unable to report to work or telecommute due to a need to care for a son or daughter because their school or place of care has been closed, or because the child care provider of such son or daughter is unavailable due to reasons related to COVID-19 when they have met the eligibility requirements below. Under E-FMLA, an employee must have work that can be performed for the employer but be unable to do so or to telecommute due to the need to care for their son or daughter. Employees who have not been assigned work to perform either onsite or through telecommuting are not eligible for this type of leave. Benefits provided during the use of E-FMLA and E-OFLA are described below.

Employees may only request to take E-FMLA or E-OFLA intermittently to care for a child whose school or daycare is closed.

The leave of absence available under E-FMLA and E-OFLA, will be referred to as “School Closure Leave”, regardless of the terminology used in both laws. If not specifically addressed in this policy, all other provisions in Washington County’s Family Leave Policy, Policy 304, apply.

Eligibility Requirements

E-FMLA: Employees who have worked for Washington County during the thirty (30) calendar days leading up to the start of the School Closure Leave.

E-OFLA: Employees who have been employed for at least 180 days and worked an average of at least 25 hours per week leading up to the start of the School Closure Leave.

Length of Leave

E-FMLA: Up to 12 weeks of leave, to be taken any time during the period of April 1, 2020 through December 31, 2020. If E-FMLA leave under this policy is started on December 1, 2020 (for example), the employee will

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not be allowed to continue the leave past December 31, 2020 even if the employee still has available FMLA leave. An employee’s ability to take FMLA leave for other purposes before or after School Closure Leave depends on the employee’s “eligibility” under FMLA. An employee’s use of E-FMLA shall be counted against the employee’s maximum FMLA leave entitlement.

E-OFLA: Eligible employees may take up to 12 weeks of unpaid leave, to be taken any time during the period of March 18, 2020, to September 13, 2020. The 12 weeks of E-OFLA School Closure Leave must be used before September 13, 2020. No E-OFLA School Closure Leave may be used after September 13, 2020 regardless of whether the full amount available was exhausted. An employee’s use of E-OFLA shall be counted against the employee’s maximum OFLA leave entitlement.

School Closure Leave under these laws will run concurrently, where applicable. Washington County will apply the law that is most generous to the employee if the School Closure Leave runs concurrently.

Notice and Verification

E-FMLA: Where the need for public health emergency leave is foreseeable, an employee shall provide the employer with as much notice as is practicable under the circumstances.

E-OFLA: Employees must provide at least 30 days’ notice before School Closure Leave is to begin if the reason for leave is foreseeable. If 30 days’ notice is not foreseeable or practical, an employee must give verbal or written notice as soon as possible.

Notice should be provided to the employee’s supervisor who shall then forward the notice to Washington County Leave Administration at [email protected] within 24 hours of commencement of the leave. Supervisors shall not retain a copy of the notice.

Under both E-FMLA and E-OFLA, School Closure Leaves, no verification is required for school closures due to a public health emergency if evidence of the closure is publicly available. Written verification from the “place of care” provider regarding the unavailability of child care due to reasons related to COVID-19 is required.

Benefits During Leave

E-FMLA:

• The first ten days of leave are unpaid. • After the first ten days of unpaid E-FMLA School Closure Leave, and for each day thereafter, eligible

employees will receive paid leave calculated at 2/3 of an employee’s regular rate of pay and the number of hours the employee would otherwise be normally be scheduled to work.

• E-FMLA paid leave will not exceed $200 per day, or $10,000 in the aggregate.

Employees will not be allowed to use their paid accruals or County COVID-19 Absence leave to supplement their pay while on E-FMLA leave with the exception of the first 10 days of unpaid E-FMLA.

E-OFLA:

• E-OFLA School Closure Leave is unpaid.

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• Employees may, however, use any accrued paid leave or County COVID-19 Absence leave during the period of E-OFLA School Closure Leave to supplement their pay up to the amount of their full regular pay.

If an employee is on approved School Closure Leave under either E-FMLA or E-OFLA, or both laws, Washington County will continue the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. An employee wishing to maintain health insurance during a period of approved School Closure Leave will be responsible for paying the cost of his/her share of group health plan premiums which had been paid by the employee prior to the School Closure Leave.

Seniority, Leave Balances, Accruals and Other Benefits

1. Employees on qualified E-PSL, E-FMLA or E-OFLA leave will retain accrued balances for sick leave, compensatory time, administrative leave, floating holiday and vacation leave earned prior to leave, except for the amount of any leave accruals used during unpaid E-OFLA leave.

2. Employees on E-PSL, E-FMLA, or E-OFLA leave will be eligible for holiday pay as provided for in the County’s Personnel Rules and Regulations or applicable collective bargaining agreement.

3. Payroll periods for employees on E-PSL, E-FMLA or E-OFLA will be considered qualified provided an employee is in paid status for not less than 90% of their regularly scheduled hours for the Payroll Period in accordance with the Washington County Personnel Rules and Regualtions.

4. An employee on E-PSL, E-FMLA of E-OFLA leave will accrue sick and vacation leaves as provided in the County’s Personnel Rules and Regulations.

5. Step increases and review dates for employees on E-PSL, E-FMLA, or E-OFLA leave will be adjusted for unqualified payroll periods according to the provisions of the County’s Personnel Rules and Regulations.

Leave periods under E-PSL, E-FMLA or E-OFLA will be treated as continuous service (i.e., no break in service) in accordance with the Washington County Personnel Rules and Regulations for purposes of vesting and eligibility to participate in Washington County benefit plans.

Job Protection E-FMLA and E-OFLA: Employees returning to work from School Closure Leave will be reinstated to their former position. If the position has been eliminated, the employee may be reassigned to an available equivalent position. Reinstatement is not guaranteed if the position has been eliminated under circumstances where the law does not require reinstatement. Employees are expected to promptly return to work when the circumstances requiring School Closure Leave have been resolved, even if leave was originally approved for a longer period. If an employee does not return to work at the end of a designated School Closure Leave period, reinstatement may not be available unless the law requires otherwise. Retaliation Prohibited

Any employee who retaliates against another employee for asking about, requesting or using E-FMLA or E-OFLA School Closure Leave or E-PSL leave shall be subject to disciplinary action, up to and including termination of their employment.

Policy Administration

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1. Exceptions: Exceptions to this temporary policy may only be granted by the County Administrator or designee. Any situation or circumstance not covered in this temporary policy shall be governed by existing County Personnel Rules and Regulations or other County policies and procedures.

2. Implementation: This temporary policy is allowed under the County’s Personnel Rules and Regulations, Article 1.4 ‘Suspension of the Personnel Rules and Regulations.’ Elected officials, department directors and all supervisory staff are responsible for implementing this policy within their respective departments. Observance of this policy is mandatory for all County employees and violation may result in disciplinary action (up to and including termination).

3. Review: This temporary policy shall be reviewed by the Support Services Human Resources Division and the County Administrative Office periodically and updated or revoked as necessary. This temporary policy shall become effective on April 1, 2020 and end on December 31, 2020 unless further extended pursuant to state or federal laws or by the County Administrator.

4. Resources 4.1 Department of Labor FAQ

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Action – Health & Human Services

Agenda Title: DECLARE AN EMERGENCY RELATED TO COVID-19

Presented by: Marni Kuyl, Director of Health and Human Services; Steve Rhodes, County Administrator; Alan Rappleyea, County Counsel

COUNTY ADMINISTRATOR’S RECOMMENDATION: Declare an extension of the emergency until May 5, 2020 under Washington County Code Chapter 8.36 to support response activities to COVID-19.

Agenda Item No. 7.a.Date: 04/21/20

SUMMARY: Washington County Health and Human Services, the County Administrative Office and County Counsel are bringing forward a request for consideration of an extension of the emergency declaration related to COVID-19. No expansion of authority is requested.

The number of individuals who have tested positive with COVID-19 continues to increase. Our Public Health Division and EOC is working on many fronts to support activities that keep our community safe. Continuing the declaration of emergency will allow for additional resources to assist in the response to COVID-19. It will also provide the Board with the tools to address COVID-19.

A declaration of emergency is authorized under Chapter 8.36 of the Washington County Code. A declaration lasts 14 days. We will also propose an emergency ordinance to allow extending emergency declarations for 30 days at you May 5th meeting.

Before requesting that the Board take action on the declaration, Public Health staff will provide a COVID-19 update.

ADDITIONAL INFORMATION: Community Feedback (Known Support/Opposition): The Board received 7 comments in opposition of extending the emergency declaration. The theme of these comments was on the effect of the closure on the community. As the Board knows, the Governor’s Executive Order effected the closure, not the County’s Emergency Declaration.

Legal History/Prior Board Action: Board work session on 2/11/2020 and Board presentation on 2/25/2020. Adopted a resolution and order declaring a county-wide emergency on March 4th, 2020, continued the declaration for 14 days on March 17, 2020, continued the declaration until April 16, 2020 and continued the declaration until April 21, 2020.

Budget Impacts: Unknown

Attachment: Resolution and Order

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REVISED

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Page 1 - RESOLUTION AND ORDER (Extending Emergency Declaration) WASHINGTON COUNTY COUNSEL

155 N FIRST AVENUE, SUITE 340, MS #24 HILLSBORO, OR 97124

PHONE (503) 846-8747 - FAX (503) 846-8636

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of the Extension of the Declaration of a State of Emergency

) ) )

RESOLUTION AND ORDER

No. This matter having come before the Washington County Board on April 21, 2020, and

It appearing to the Board that:

WHEREAS, ORS 401.305 provides authority for Washington County to act as an emergency

management agency, including authority to establish policies and protocols for defining and

directing responsibilities during time of emergency; and

WHEREAS, on March 4, 2020 the Board of Commissioners adopted a Resolution and Order

declaring a state of emergency and the conditions that created that state of emergency continue

to exist; and

WHEREAS, Washington County has enacted a local ordinance (County Code Chapter

8.36) pursuant to the authority granted by ORS Chapter 401 and the Washington County

Charter, that provides for executive responsibility in times of emergency and specifically

delegates authority to declare a state of emergency to the Board of Commissioners, or if a

quorum of the Board of Commissioners is unavailable, to the County Chair, Vice Chair,

Commissioners, County Administrator, Assistant Administrator, Sheriff (if preceding official is

unavailable); and

WHEREAS, the following conditions have resulted in the need for an extension of the

declaration of the state of emergency:

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Page 2 - RESOLUTION AND ORDER (Extending Emergency Declaration) WASHINGTON COUNTY COUNSEL

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The number of COVID-19 cases continue to escalate in Washington County; and

WHEREAS, the following disruption of important services, damage to life, or damage to

property can be expected from the above conditions:

COVID-19 continues to expand in Washington County and worldwide. County resources

continue to be needed to respond to this threat to keep the public as safe as possible. Resources

related to disease investigation and prevention, public information, continuity of operations,

assistance to homeless individuals, support for families affected by the illness, personal

protective equipment, and funding are expected to be exhausted; and

WHEREAS, the foregoing continues to affect the entire County and;

now, therefore, it is

RESOLVED AND ORDERED that the Board of Commissioners for Washington County

formally extends the declaration of a state of emergency for Washington County that the Board

adopted and was in effect on March 4, 2020, extended on March 17, 2020, extended again on

March 31, 2020, and extend again on April 7, 2020; and it is further

RESOLVED AND ORDERED that, upon declaration of a state of emergency the Board of

Commissioners shall be authorized to take such actions and issue such orders as are determined

to be necessary to protect the public and property and to efficiently conduct activities that

minimize or mitigate the effect of the emergency as described in WCC 8.36.050., and further that

the County Office of Emergency Management is empowered to carry out the appropriate

function and duties identified in County Code Chapter 8.36 during times of emergency and shall

implement the Washington County Emergency Operations Plan; and it is further

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RESOLVED AND ORDERED that the Emergency Program Manager shall take all necessary

steps authorized by law to coordinate response and recovery from this emergency including, but

not limited to, requesting assistance and potential reimbursements from the State of Oregon and

the appropriate federal agencies; and it is further

RESOLVED AND ORDERED that emergency procurements of goods and services are

authorized pursuant to ORS 279B.080, ORS 279C.335(6), ORS 279.380(4), and Rules of

Procurement, Section 20-020; and it is further

RESOLVED AND ORDERED that the County Administrative Officer is delegated authority to

authorize contracts under this emergency declaration in amounts of up to five hundred thousand

dollars ($500,000) and will follow the emergency procedures in the Rules of Procurement, Section

20-020; and it is further

RESOLVED AND ORDERED that this declaration of emergency shall expire on May 5, 2020.

DATED this 21st day of April, 2020.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIR KATHRYN HARRINGTON RECORDING SECRETARY

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Agenda Item No.

Date: 04/21/20

AGENDA

CLEAN WATER SERVICES BOARD OF DIRECTORS

Agenda Category: Consent APPROVE INTERGOVERNMENTAL AGREEMENT WITH TUALATIN VALLEY WATER DISTRICT FOR PHASE II IMPLEMENTATION OF THE CUSTOMER INFORMATION SYSTEM

Agenda Title:

Kathleen Leader, Chief Financial Officer Presented by:

SUMMARY

Clean Water Services (District) and Tualatin Valley Water District (TVWD) are working together to select and implement a new Customer Information System (CIS).

The project is a multiyear, multiphase technology project that relies on best practices in utility industry CIS implementations and delivery of a CIS solution. District and TVWD jointly own the project with TVWD serving as the managing partner of the project and of the new CIS after the system is fully functioning. In the Phase I IGA that was approved by the District Board of Directors in 2018, the parties prepared and conducted a robust needs evaluation and vendor selection process. The selected vendor is Open International, LLC.

In the Phase II IGA, the parties will first negotiate the services contract and software licensing agreement. If a contract is agreed to, implementation is expected to start in June 2020 with a 14- to 16-month implementation period, go-live in summer/fall 2021, and four months of post-go-live stabilization. The budget estimate for the complete project is $9.5 million and includessoftware licenses, consulting and vendor services, third-party services, internal labor and facilitycosts.

The Phase II IGA for implementation identifies the types of costs to be shared by District and TVWD and will authorize management to create a task-based cost structure to equitably allocate project costs shared by both parties and those borne by each individual party.

Attachments: Intergovernmental Agreement between District and TVWD for Customer Information System Project Activities

(continued)

REQUESTED ACTION

Approve Intergovernmental Agreement with Tualatin Valley Water District for the Phase II Implementation of the Customer Information System. The District’s estimated cost of $4,515,000 for the entire project will be reflected in the Capital Improvement Plan and Proposed Budget for Fiscal Year 2020-21.

2.a.

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APPROVE INTERGOVERNMENTAL AGREEMENT WITH TUALATIN VALLEY WATER DISTRICT FOR PHASE II IMPLEMTATION OF THE CUSTOMER INFORMATION SYSTEM 04/21/20

In response to the COVID-19 situation, District has put procedures in place to manage contract risks. District will use virtual resources such as videoconferencing and will implement social distancing to reduce close interaction.

ADDITIONAL INFORMATION

Community Feedback: None

Legal History/Prior Board Action: The Board of Directors authorized the General Manager to sign the IGA with TVWD for Phase I Selection for the CIS on June 26, 2018, by Minute Order 18-62.

Budget Impact: District’s share to complete Phase II Implementation is estimated at $4,515,000. Funding for the project is included in the Capital Improvement Plan and the Proposed Budget for Fiscal Year 2020-21.

Budget account: 101.000.0000.52240

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INTERGOVERNMENTAL AGREEMENT

BETWEEN

CLEAN WATER SERVICES AND TUALATIN VALLEY WATER DISTRICT FOR

CUSTOMER INFORMATION SYSTEM PROJECT ACTIVITIES This Intergovernmental Agreement ("Agreement") effective____________, 2020, is entered into by CLEAN WATER SERVICES ("CWS"), a county service district, organized under ORS Chapter 451, and TUALATIN VALLEY WATER DISTRICT ("TVWD"), organized under ORS Chapter 264 (each a "Party" and collectively, the "Parties"). RECITALS 1. TVWD and CWS are units of local government, as that term is defined in Oregon

Revised Statutes 174.109. 2. ORS 190.007 provides for the furthering of economy and efficiency in local

government by intergovernmental cooperation. 3. ORS 190.010 provides that units of government may enter into agreements for

performance of any and all functions and activities that parties to the agreement, its officers or agencies have authority to perform.

4. The boundaries of CWS include all or nearly all the boundaries of TVWD.

Recognizing these joint customers and the efficiencies that could be obtained by cooperation, TVWD has provided utility billing and related services for CWS by agreement since 1997.

5. The original Joint Billing Agreement whereby TVWD provides these services

dated September 27, 2004 as amended effective July 1, 2005 (Billing Agreement) has been renewed at five-year intervals.

6. Under the Billing Agreement, TVWD provides all hardware, software, staffing and

other services, acts as the payee on all invoices and when funds are received, retains the TVWD portion and remits the CWS portion. TVWD and CWS both use TVWD’s internally-developed, customized utility billing application, the last upgrade of which TVWD deployed in 2007.

7. TVWD has identified and reported to CWS that the current utility billing

application has limited functionality and requires significant ongoing maintenance and development costs.

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8. As technologies have evolved, water and wastewater utilities, such as TVWD and CWS, have benefited from implementing a commercial‐off‐the‐shelf customer system which the industry generally refers to as a Customer Information System (CIS); these systems are used for utility billing and customer care functions, and have greater integration with financial and other systems.

9. TVWD and CWS have both determined that the aging legacy TVWD billing

application should be replaced with a commercial-off-the-shelf CIS Project (Project), and both agencies have budgeted funds for this replacement strategy. The total cost of the CIS implementation has not yet been determined.

10. The Project will be a multi-year, multi-phase technology project which will rely on

best practices in utility industry CIS implementations to select and deliver a CIS Solution.

11. TVWD and CWS have determined that the Project will be a collaborative

partnership, jointly owned by the Parties, wherein TVWD will serve as the managing partner of the project and of the new CIS.

12. TVWD and CWS have previously identified the need to enter into three CIS-

related agreements over several years, two for the Project and a new operations agreement under the new CIS.

13. TVWD and CWS entered into the first CIS agreement, for Phase I, in June 2018. 14. Phase I covered the needs assessment though new CIS system vendor contract.

Phase II, through a second agreement, will provide for the selected vendor and product implementation. Phase III requires a third agreement for ongoing operations following implementation which will replace the current Billing Agreement.

15. The Parties desire to enter into this Agreement for Phase II of the Project. 16. The Parties and their ratepayers will benefit from the economies of scale by the

Parties entering into a joint venture and sharing implementation and ongoing costs of a new CIS.

The parties agree as follows: I. BACKGROUND AND SCOPE OF WORK This Agreement pertains only to Phase II of the Project. All Phases are set forth in general terms below to indicate the full breadth of the Project.

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A. PHASE I The Phase 1 scope of work generally consists of a needs assessment,

selection of a CIS vendor and overall project management up to selection of a CIS product.

B. PHASE II

Phase II will generally consist of implementation of the awarded contract

with the selected vendor and program management services. The Phase II services may be performed by the Parties or by Consultants. The major tasks will likely include joint:

1. Implementation of the selected CIS Vendor product. 2. Project management services during the contract for

implementation of the selected CIS Vendor and product as defined in Section II below.

3. Negotiation of any necessary agreements between the Parties or vendors for operations following contract completion.

C. PHASE III Phase III will generally consist of agreements, protocols and other matters

necessary to operate and maintain the CIS Solution upon completion and implementation by the selected vendor. The final Phase III agreement between the Parties will replace the current Billing Agreement.

II. MANAGEMENT OF PROJECT AND CONSULTANT CONTRACT

A. TVWD shall manage the Project for both Parties through a collaborative process with CWS, including the contracted professional services provided by Consultant or Vendor as specified in this Agreement. B. Each Party shall appoint a Project Sponsor and designate its team to Coordinate the Project. The Project Sponsors will jointly agree on major decisions and direction to Consultants or Vendors. TVWD will be the point of contact with the Consultants or Vendors.

Clean Water Services TVWD Mark Poling, Andrew Carlstrom, Business Strategy & Performance Customer Service Manager

Systems Director 1850 SW 170th Ave 2550 SW Hillsboro Highway Beaverton, Oregon 97003

Hillsboro, Oregon 97123 [email protected] [email protected]

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C. TVWD shall convene regular Project meetings between the Parties, Vendors and Consultants as the Parties deem necessary. D. The Parties shall convene meetings of the Chief Executive Officers of the Parties as necessary but not less than quarterly. E. The Parties shall jointly agree on all major Project decisions, including but not limited to the award of Consultant and Vendor contracts, establishment of and amendments to Project scope, schedule, and budget. Any initial contract approval or subsequent amendment involving a change in price must be approved by each Party according to that Party’s internal approval process. F. Any acceptance of a deliverable required under a contract with a Consultant or Vendor shall be joint acceptance. G. TVWD shall manage the Project with CWS advice and consent so that there is delivered a complete and functioning CIS solution for daily operations of the Parties and resolve any defective performance issues from the Vendor.

III. COST SHARING FOR PROJECT EXPENSES

The Parties shall equally share in direct Project expenses, including but not limited to: Consultant and Vendor costs for Project products and services; CWS and TVWD staff allocated to and performing work on the Project; Project facility costs; and other Project costs as mutually agreed upon and incurred by the Partners. The Chief Executive Officers of CWS and TVWD, or their designees, shall jointly be authorized to develop and modify a task-level methodology for sharing Project costs. This methodology shall be used to determine which costs: are benefitting both CWS and TVWD and are thus appropriately shared by both CWS and TVWD; or are benefitting only one Party and are thus appropriately borne by either CWS or TVWD. The Parties will develop a monthly procedure to review project charges and agree to an appropriate allocation of costs before the development of the invoice to CWS.

Unless otherwise agreed to by the parties in writing, TVWD shall be responsible for administering Project procurements and Consultants and Vendor contracts for services specific to the Project. As costs are incurred but not less frequently than every 30 days, TVWD will provide a copy of any invoices or billing statements received and request payment from CWS. Payment shall be made by CWS within 30 days of receipt of the request for payment.

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IV. OWNERSHIP

The Parties intend that upon completion of the CIS Solution, warranties or guaranties, licenses and permits shall be jointly and equally owned by the Parties.

V. INSURANCE Each Party shall be required to maintain insurance or be part of an approved self-insurance program to the limits of the Oregon Tort Claims Act, ORS 30.260 to 30.300. VII. TERMINATION Either Party may terminate this Agreement upon 30 days written notice to the other Party only for the reasons set forth in this section.

A. For breach of this Agreement following exhaustion of the Dispute Resolution process.

B. Any notice of termination shall be subject to the Dispute Resolution process of Section VIII.

VIII. GENERAL PROVISIONS

A. Each Party shall comply with all applicable federal, state and local ordinances, statutes, and regulations that are applicable to the services provided under this Agreement.

B. Terms of this Agreement. This Agreement is effective from the date on

page one and shall remain in effect through the end of Phase II of the Project.

C. Indemnification. Within the limits of the Oregon Tort Claims Act (ORS

30.260 to 30.300) and the Oregon Constitution, each of the Parties shall indemnify and defend the other, including its officers, employees and agents from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement (including the cost of defense thereof, including reasonable attorney fees) in favor of any person or violation of law, which arises out of, or results from, the Project or negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives.

D. Integration and Enforcement. This document constitutes the entire

agreement between the Parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings,

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representations or communications of every kind on the matter. No waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future.

E. Choice of Law. This Agreement and all rights, obligations and disputes

arising out of the Agreement shall be governed by Oregon law. F. Resolution of Disputes. If any dispute arises out of this Agreement and

cannot be resolved by the respective Project Managers, the General Manager and Chief Executive Officer of the Parties will attempt to resolve the issue within 30 days of written notice of a request of the dispute. If the General Manager and Chief Executive Officer are not able to resolve the dispute within the 30-day period, the Parties will submit the matter to mediation, each Party paying its own costs, including attorneys' fees, and sharing equally in common costs. The Parties agree to select a mediator within 30 days. If any dispute is not resolved by mediation within 60 days after selection of the mediator or if no agreement is reached in mediation, then the Parties agree to litigate the matter, without a jury, in the Circuit Court of the State of Oregon for Washington County.

G. Interpretation of Agreement. This Agreement is not to be construed for or

against any Party by reason of the authorship or alleged authorship of any provision. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in construing or interpreting this Agreement.

H. Severability/Survival. If any of the provisions contained in this Agreement

are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause.

I. Modification. Modifications to this Agreement are valid only if made in

writing and signed by all Parties. J. No Third-Party Rights. CWS, and TVWD are the only Parties to this

Agreement and the only Parties entitled to enforce its terms. There are no intended beneficiaries and no rights granted any third party.

K. Notices. Any notice required hereunder shall be sent by email or regular

United States Mail, postage prepaid, to the persons at the following address. A Party may change the recipient of notice at any time in writing.

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Clean Water Services TVWD Mark Poling, Andrew Carlstrom, Business Strategy & Performance Customer Service Manager

Systems Director 1850 SW 170th Ave 2550 SW Hillsboro Highway Beaverton, Oregon 97003

Hillsboro, Oregon 97123 [email protected] [email protected] Clean Water Services TVWD Diane Taniguchi-Dennis, CEO Tom Hickmann, CEO 2550 SW Hillsboro Highway 1850 SW 170th Ave

Hillsboro, Oregon 97123 Beaverton, Oregon 97003 [email protected] [email protected]

In WITNESS THEREOF, the Parties have executed this intergovernmental Agreement on the date below their signatures. CLEAN WATER SERVICES TUALATIN VALLEY WATER DISTRICT By: _________________________ By: _________________________ Diane Taniguchi-Dennis, Tom Hickmann, Chief Executive Chief Executive Date: _______________________ Date: _______________________ Approved as to Form: ____________________________ ____________________________ CWS Counsel TVWD Counsel

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Land Use & Transportation (All CPOs)

Agenda Title: AUTHORIZE TRANSPORTATION DEVELOPMENT TAX ANNUAL INDEX ADJUSTMENT

Presented by: Stephen Roberts, Director of Land Use & Transportation

COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.b.Date: 04/21/20

SUMMARY:

Transportation Development Tax (TDT) rates are adjusted each year according to the TDT index, which is based on percentage changes in the cost of road construction, labor and right-of-way, using a five-year moving average. County code requires the Board to take action on the TDT adjustment by May 1 each year, with the adjusted rates taking effect on July 1.

The TDT rates and annual index adjustment have been established by the TDT Ordinance (as amended). Effective July 1, 2020, the TDT index is scheduled to increase the TDT rates by 3.36%.

Staff will discuss the TDT index adjustment with the Washington County Coordinating Committee (WCCC) on April 13, 2020, which is after the deadline to submit this agenda item. Staff are available to summarize the WCCC discussion for the Board at either the work session or meeting on April 21, 2020, if requested. Upon Board authorization, staff will coordinate the rate adjustment with the cities of Washington County.

ADDITIONAL INFORMATION:

Community Feedback (Known Support/Opposition): None known at this time.

Legal History/Prior Board Action: TDT Index Adjustments have been adopted annually since 2009

Budget Impacts: Potential increase in TDT revenue collections

Attachments: Resolution and Order TDT index adjustment memo reviewed with WCCC on April 13, 2020

DEPARTMENT’S REQUESTED ACTION: Authorize the Chair to sign the Resolution and Order increasing TDT rates by 3.36% as indicated by the TDT index effective July 1, 2020 and direct staff to coordinate the rate change with the cities.

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The TDT Rate Adjustment Memo is hyper-linked here.

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Page 1 – RESOLUTION AND ORDER

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IN THE BOARD OF COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Adopting the ) RESOLUTION AND ORDER Transportation Development Tax (TDT) ) Rate Increase of 3.36 Percent Pursuant ) No. to Washington County Code ) Chapter 3.17 )

This matter having come before the Washington County Board of Commissioners at its

meeting of April 21, 2020; and

It appearing to the Board that Chapter 3.17 of the Washington County Code, the

Transportation Development Tax (TDT), provides at Section 3.17.050 E. that the tax shall on July 1

of each year be adjusted automatically based on a five-year moving average of the TDT index,

described in Section 3.17; and

It appearing to the Board that the Department of Land Use & Transportation has

calculated the TDT index pursuant to the methodology incorporated in Chapter 3.17 and that

the TDT index indicates a rate increase of three and thirty-six hundredths of one percent

(3.36%); and

It appearing to the Board that the Department of Land Use & Transportation has

discussed the TDT rate increase with the members of the Washington County Coordinating

Committee; now, therefore it is

RESOLVED AND ORDERED that the Board finds that it is appropriate to increase TDT rates

by three and thirty-six hundredths of one percent (3.36%); and it is further

RESOLVED AND ORDERED that the increased TDT rates shall be applicable to all building

permit applications subject to the provisions of Ordinance 691-A, and for which TDT will be

assessed on or after July 1, 2020; and it is further

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Page 2 – RESOLUTION AND ORDER

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RESOLVED AND ORDERED that the Department of Land Use & Transportation shall take

such actions as are necessary to effectuate this action, including prompt notification of all cities.

DATED this 21th day of April, 2020.

BOARD OF COMMISSIONERS FOR WASHINGTON COUNTY, OREGON Chair Kathryn Harrington APPROVED AS TO FORM:

Cortney D. Duke-Driessen, 4/6/2020 Recording Secretary County Counsel For Washington County, Oregon

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Planning and Development Services

To: Washington County Coordinating Committee

From: Erin Wardell, Principal Transportation Planner

Date: April 2, 2020

Subject: Annual Transportation Development Tax (TDT) Rate Adjustment

The Transportation Development Tax (TDT) rate adjustment is established by the TDT Ordinance (as amended). The TDT provides for an annual adjustment of the rate schedule according to the fluctuation in construction costs. This year, the TDT will increase by 3.36% as calculated by the index. Though the TDT annual rate adjustment is nondiscretionary, the Board of County Commissioners must still act on the adjustment. The TDT increase goes into effect on July 1, 2020 pending Board approval.

The proposed TDT rate adjustment is presented for your review and comment. Staff will share your comments with the Washington County Board of Commissioners prior to their approval of the TDT adjustment in April. The WCCC Transportation Advisory Committee reviewed the proposed TDT adjustment and recommended approval to the WCCC at its March 5, 2020 meeting.

The index adjustment information for 2020 is attached (A). An adjustment will result in an increase for a single family home from the current $8,968 to $9,269. A rate increase history is attached (B).

The index utilized by the TDT program is based on the three components:

• The percentage change in the National Highway Construction Cost Index (NHCCI 2.0) ‐ reflecting the cost of materials (weighted 50%)

• U.S. Bureau of Labor Statistics Employment Cost Index for Private Industry Workers, by Occupational Group and Industry, Construction Group ‐ reflecting the cost of labor (weighted 30%)

• The average annual change in total real market value of Washington County real property as estimated from data published by the Washington County Department of Assessment and Taxation ‐ reflecting the cost of right‐of‐way (weighted 20%)

A five‐year moving average of the index is utilized to avoid significant annual fluctuation. The rates cannot increase more than ten percent in a single year. The TDT code excerpt attachment describes the TDT index method (C).

Attachments: (A) Transportation Development Tax Rate Schedule for 2020/21 fiscal year (B) Transportation Development Tax Annual Index Adjustment Calculation (C) TDT Code 3.17.050 Excerpt

155 N. First Ave., Suite 350, MS14, Hillsboro, OR 97124-3072 • phone: 503-846-3519 • fax: 503-846-4412 www.co.washington.or.us/lut • [email protected]

L AND U SE & T RANSPORTATION M EMORANDUM

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Attachment A

Land Use Category

ITE Code Unit*

Rates 7/1/2019 ‐ 

6/30/2020

Rates 7/1/2020 ‐ 

6/30/2021

Residential

Single Family Detached 210 /dwelling unit $8,968 $9,269

Apartment 220 /dwelling unit $5,867 $6,064

Residential Condominium/Townhouse 230 /dwelling unit $5,364 $5,544

Manufactured Housing (in Park) 240 /dwelling unit $4,487 $4,638

Assisted Living 254 /bed $2,772 $2,865

Continuing Care Retirement 255 /unit $2,803 $2,897

Recreational

Park 411 /acre $1,504 $1,555

Golf Course 430 /hole $15,940 $16,476

Golf Driving Range 432 /tee $12,612 $13,036

Multipurpose Recreational/Arcade 435 /T.S.F.G.F.A. $2,808 $2,902

Bowling Alley 437 /lane $913 $944

Multiplex Movie Theater 445 /screen $125,948 $130,180

Health/Fitness Club 492 /T.S.F.G.F.A. $8,831 $9,128

Recreation/Community Center 495 /T.S.F.G.F.A. $10,415 $10,765

Institutional/Medical

Elementary School (Public) 520 /student $432 $447

Middle/Junior High School (Public) 522 /student $491 $507

High School (Public) 530 /student $674 $697

Private School (K-12) 536 /student $500 $517

Junior College 540 /student $705 $729

University/College 550 /student $1,169 $1,208

Church 560 /T.S.F.G.F.A. $3,714 $3,839

Day Care Center/Preschool 565 /student $1,383 $1,429

Library 590 /T.S.F.G.F.A. $17,425 $18,010

Hospital 610 /bed $3,532 $3,651

Nursing Home 620 /bed $1,214 $1,255

Clinic 630 /T.S.F.G.F.A. $25,201 $26,048

Commercial/Services

Hotel/Motel 310 /room $2,545 $2,631

Building Materials/Lumber 812 /T.S.F.G.F.A. $8,951 $9,252

Free-Standing Discount Superstore with Groceries 813 /T.S.F.G.F.A. $17,111 $17,686

Specialty Retail Center 814 /T.S.F.G.L.A. $11,900 $12,300

Free-Standing Discount Store without Groceries 815 /T.S.F.G.F.A. $18,361 $18,978

Hardware/Paint Store 816 /T.S.F.G.F.A. $14,940 $15,442

Nursery/Garden Center 817 /T.S.F.G.F.A. $10,580 $10,935

Shopping Center 820 /T.S.F.G.L.A. $12,314 $12,728

Factory Outlet Center 823 /T.S.F.G.F.A. $9,659 $9,984

New Car Sales 841 /T.S.F.G.F.A. $13,868 $14,334

Automobile Parts Sales 843 /T.S.F.G.F.A. $13,356 $13,805

Tire Superstore 849 /T.S.F.G.F.A. $10,493 $10,846

Supermarket 850 /T.S.F.G.F.A. $24,825 $25,659

Convenience Market (24-hour) 851 /T.S.F.G.F.A. $29,252 $30,235

Convenience Market with Fuel Pump 853 /V.F.P. $28,089 $29,033

Wholesale Market 860 /T.S.F.G.F.A. $7,140 $7,380

Discount Club 861 /T.S.F.G.F.A. $19,276 $19,924

Home Improvement Superstore 862 /T.S.F.G.F.A. $7,181 $7,422

TRANSPORTATION DEVELOPMENT TAX RATE SCHEDULE

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Attachment A

Land Use Category

ITE Code Unit*

Rates 7/1/2019 ‐ 

6/30/2020

Rates 7/1/2020 ‐ 

6/30/2021

TRANSPORTATION DEVELOPMENT TAX RATE SCHEDULE

Electronics Superstore 863 /T.S.F.G.F.A. $9,934 $10,268

Office Supply Superstore 867 /T.S.F.G.F.A. $13,356 $13,805

Pharmacy/Drugstore without Drive-Thru Window 880 /T.S.F.G.F.A. $13,356 $13,805

Pharmacy/Drugstore with Drive-Thru Window 881 /T.S.F.G.F.A. $13,356 $13,805

Furniture Store 890 /T.S.F.G.F.A. $1,685 $1,742

Bank/Savings: Walk-in 911 /T.S.F.G.F.A. $27,652 $28,581

Bank/Savings: Drive-in 912 /T.S.F.G.F.A. $29,252 $30,235

Quality Restaurant (not a chain) 931 /T.S.F.G.F.A. $26,551 $27,443

High Turnover, Sit-Down Restaurant (chain or stand alone) 932 /T.S.F.G.F.A. $22,273 $23,021

Fast Food Restaurant (No Drive-Thru) 933 /T.S.F.G.F.A. $29,252 $30,235

Fast Food Restaurant (With Drive-Thru) 934 /T.S.F.G.F.A. $29,252 $30,235

Drive-Thru Restaurant (No Seating) 935 /T.S.F.G.F.A. $29,252 $30,235

Drinking Place/Bar 936 /T.S.F.G.F.A. $23,931 $24,735

Quick Lubrication Vehicle Shop 941 /Service Stall $20,460 $21,147

Automobile Care Center 942 /T.S.F.G.L.A. $13,901 $14,368

Gasoline/Service Station (no Market or Car Wash) 944 /V.F.P. $17,551 $18,141

Gasoline/Service Station (with Market and Car Wash) 946 /V.F.P. $17,551 $18,141

Office

General Office Building 710 /T.S.F.G.F.A. $9,412 $9,728

Medical-Dental Office Building 720 /T.S.F.G.F.A. $31,889 $32,960

Government Office Building 730 /T.S.F.G.F.A. $62,445 $64,543

U.S. Post Office 732 /T.S.F.G.F.A. $80,053 $82,743

Office Park 750 /T.S.F.G.F.A. $12,446 $12,864

Port/Industrial

Truck Terminal 030 /T.S.F.G.F.A. $4,784 $4,945

General Light Industrial 110 /T.S.F.G.F.A. $6,362 $6,576

General Heavy Industrial 120 /T.S.F.G.F.A. $1,369 $1,415

Manufacturing 140 /T.S.F.G.F.A. $3,500 $3,618

Warehouse 150 /T.S.F.G.F.A. $4,493 $4,644

Mini-Warehouse 151 /T.S.F.G.F.A. $2,330 $2,408

Utilities 170 /T.S.F.G.F.A. $6,047 $6,250

* Abbreviations used in the "Unit" column:

T.S.F.G.F.A. = Thousand Square Feet Gross Floor Area

T.S.F.G.L.A. = Thousand Square Feet Gross Leasable Area

V.F.P. = Vehicle Fueling Position

Note: all index adjustments per 3.17.050F

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ATTACHMENT B

TDT Index Comparison

YEAR 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017* 2018 2019Index ComponentsMaterials Component

   National Highway CCI 2.0* 1.6560 1.4429 1.4392 1.5099 1.6016 1.6130 1.6816 1.6984 1.6616 1.6752 1.7338 1.9088   % Annual Change 7.25% ‐12.87% ‐0.26% 4.91% 6.07% 0.71% 4.25% 1.00% ‐2.17% 0.82% 3.50% 10.09%   Avg. 5‐Year Change 10.51% 6.04% 2.08% ‐0.08% 1.02% ‐0.29% 3.14% 3.39% 1.97% 0.92% 1.48% 2.65%Labor Component

   BLS Employment Cost Index 110.9 111.7 113.6 116.4 117.6 118.6 120.7 123.4 124.9 128.3 132.4 137.0   % Annual Change 3.07% 0.72% 1.70% 2.46% 1.03% 0.85% 1.77% 2.24% 1.22% 2.72% 3.20% 3.47%   Avg. 5‐Year Change 3.47% 2.93% 2.59% 2.36% 1.80% 1.35% 1.56% 1.67% 1.42% 1.76% 2.23% 2.57%Right‐of‐Way Component

   Avg. Total Real Market Value $435,632 412,268$   391,972$   374,922$   365,516$   407,690$   453,046$   $481,670 530,246$   $581,558 $597,302 $614,277   % Annual Change 8.92% ‐5.36% ‐4.92% ‐4.35% ‐2.51% 11.54% 11.13% 6.32% 10.08% 9.68% 2.71% 2.84%   Avg. 5‐Year Change 9.35% 6.21% 4.78% 2.23% ‐1.65% ‐1.12% 2.18% 4.42% 7.31% 9.75% 7.98% 6.33%

5‐year rolling average weighted index 8.17% 5.14% 2.77% 1.117% 0.721% 0.039% 2.474% 2.028% 2.875% 2.939% 3.005% 3.360%<‐‐‐‐‐‐‐‐‐‐‐‐Five‐year running average‐‐‐‐‐‐‐‐‐‐‐‐>

*NHCCI calculation methodology was revised in 2017, historical NHCCI numbers reflect the revised methodology.

Cost Change Index using National Highway Construction Cost Index (NHCCI) 2.0

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Attachment C TDT Code Section 3.17.050 Excerpt 3.17.050 Amount.

E. The tax rates per unit for each land use set forth in Appendix B to this Ordinance shall on July 1 of each succeeding year be adjusted automatically based on a five-year moving average of the TDT index described in Appendix D. A final product ending in $0.49 or less shall be rounded down to the nearest dollar, $0.50 or more up to the next dollar. The TDT index shall be calculated based on a combination of the following indices:

1. The National Highway Construction Cost Index reflecting the cost of materials (weighted 50%)

2. The U.S. Bureau of Labor Statistics Employment Cost Index for Private Industry Workers, by Occupational Group and Industry, Construction Group reflecting the cost of labor (weighted 30%)

3. The average annual change in total real market value of Washington County real property as estimated from data published by the Washington County Department of Assessment and Taxation reflecting the cost of right-of-way (weighted 20%)

In the event the above index factors use a different base year (i.e., calendar year or fiscal year), the most recent year with complete data shall be used. In the event any of the index factors set forth in this section and Appendix D are no longer available, the Board may by Resolution and Order adopt a replacement index factor that meets the requirements of ORS 223.304(8) for the same type of cost information.

F. Beginning April 1, 2013, and not later than April 1 of each succeeding year, the Director shall calculate the index adjustment as provided in the section for the preceding five-year period. In the event the TDT rates in Ordinance 691-A Engrossed, as adjusted by this index calculation, are greater than the TDT rates set forth in Appendix A to his Ordinance, then the lower set of TDT rates shall apply as provided in subsection H below. In the event the TDT rates in Ordinance 691-A Engrossed, as adjusted by this index calculation, are less than the TDT rates set forth in Append A to his Ordinance, then the lower set of TDT rates shall apply as provided in subsection H below. This subsection G shall apply only for the duration of the revised rate phase-in.

G. The Board of Commissioners of the County shall implement the adjustment annually by resolution and order adopted by May 1 of each year, to take effect on July 1 of that year, including a revised rate table showing adjusted rates for all land uses. In no event shall there be an increase of over ten percent (10%) per year.

H. Washington County shall promptly notify each city in writing of the increase or decrease. The adjustment to the dollar amount as described above shall apply to all building permit applications accepted for review on or after July 1, by the county or city having jurisdiction over the development.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Land Use & Transportation (CPO 6, 9) Agenda Title: APPROVE CONTRACT AMENDMENT NO. 1.3 WITH WSP FOR FINAL

DESIGN SERVICES FOR THE CORNELIUS PASS ROAD (FRANCES STREET TO TUALATIN VALLEY HIGHWAY) PROJECT NO 100254

Presented by: Stephen Roberts, Director of Land Use & Transportation

DEPARTMENT’S REQUESTED ACTION: Approve Contract Amendment No. 1.3 with WSP and authorize its execution upon completion of the County’s contract review process. COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 2.c.

Date: 04/21/20

SUMMARY:

The Cornelius Pass Road (Frances Street to Tualatin Valley Highway) Project is funded through the Major Streets Transportation Improvement Program (MSTIP) Bonding Cost-sharing Program, approved by the Board of Commissioners in June 2015. The project also includes installation of a water transmission pipeline for Willamette Water Supply System. The project will widen Cornelius Pass Road within the project limits from three vehicle lanes to five and will also add a dedicated right-turn lane from westbound Tualatin Valley Highway to northbound Cornelius Pass Road. The project also includes bicycle and pedestrian facilities, stormwater treatment facilities, illumination, traffic signals, signing and striping. The Capital Project Services (CPS) division is managing the project through the design, right-of-way, and construction phases. WSP is the consultant selected to perform the final engineering and design for the project. WSP began preliminary engineering and design study work for this project in 2016. This amendment will allow WSP to complete final design services for the project. WSP was selected for this project based on their knowledge and experience with similar transportation improvement projects. They were also the design consultant for the Cornelius Pass Road/TV Highway Intersection Project (in association with the South Hillsboro development), which this project will tie into. (continued)

Attachments: Vicinity Map

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APPROVE CONTRACT AMENDMENT NO. 1.3 WITH WSP FOR FINAL DESIGN SERVICES FOR THE CORNELIUS PASS ROAD (FRANCES STREET TO TUALATIN VALLEY HIGHWAY) PROJECT BOC 04/21/20 Staff has negotiated the scope of services and costs to provide engineering services for this project. Sub-consultants utilized on this project are: Emerio Design LLC for survey services; Mason, Bruce & Girard for environmental permitting services; and Wiser Rail Engineering for railway design services. Contracts with fees that exceed $250,000 within a fiscal year require Board approval. Amendment 1.3 is in the amount of $308,149.91. Final design work on this project will continue upon approval of Amendment 1.3. Construction is anticipated to begin in early 2022 with completion in 2024. ADDITIONAL INFORMATION: Community Feedback (Known Support/Opposition): None known at this time Legal History/Prior Board Action: On May 19, 2015 the Board approved a multi-year Professional Services Agreement for Civil Engineering Services (Minute Order 15-140; BCC 15-0868). On July 18, 2017 the Board approved an IGA with Willamette Water Supply System for the design of transportation and water infrastructure on Cornelius Pass Road (Minute Order 17-191). Budget Impacts:

Project Budget $ 17,107,000.00 Contract Amendment 1.0 <$ 154,337.73> Contract Amendment 1.1 <$ 66,148.24> Contract Amendment 1.2 <$ 1,837,497.40> Contract Amendment 1.3 <$ 308,149.91> Balance Available $ 14,740,866.72

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"KLF | March 30, 2020Not to Scale

Dept. of Land Use & TransportationCapital Project Services

ProjectLocation

MapLocation

VICINITY MAPSE Cornelius Pass Road

SE Frances St. to SW Tualatin Valley HighwayProject #100254

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Land Use & Transportation (CPO 9) Agenda Title: APPROVE DECLARATION OF NECESSITY AND PROTECTIVE RENT

PAYMENTS FOR RIGHT-OF-WAY ACQUISITION FOR THE CENTURY BOULEVARD EXTENSION (MAIN STREET TO LOIS STREET) PROJECT

Presented by: Stephen Roberts, Director of Land Use & Transportation

DEPARTMENT’S REQUESTED ACTION: Approve the attached Resolution and Order authorizing staff to acquire the necessary right-of-way and protective rent payments for the Century Boulevard Extension (Main Street to Lois Street) project. COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 2.d.

Date: 04/21/20

SUMMARY:

Century Boulevard is a north-south collector roadway per the Washington County and City of Hillsboro Transportation System Plans. The road is currently discontinuous, with a gap between Main Street (formerly Baseline Road) and Borwick Street. This project will construct a new three-lane road between Main Street and Borwick Street, including a bridge over Rock Creek, as well as realignment and improvement of the existing roadway between Ariel and Lois streets. Additional improvements include continuous sidewalk and bicycle facilities, street lighting and storm drainage upgrades. The project is funded through the Major Streets Transportation Improvement Program (MSTIP) 3e. In order to construct the improvements as designed, additional right-of-way and ancillary easements may be required. Right-of-way acquisition may require protective rent payments. Accordingly, the Board is requested to approve protective rent payments for this project as necessary, which has been done on other similar projects. Right-of-way acquisition for the project will follow Oregon Department of Transportation (ODOT) guidelines and policies adopted by the Board. (continued) Attachments: Vicinity Map Resolution & Order, including

Exhibits “A”, “A-1”, and “A-2”

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APPROVE DECLARATION OF NECESSITY AND PROTECTIVE RENT PAYMENTS FOR RIGHT-OF-WAY ACQUISITION FOR THE CENTURY BOULEVARD EXTENSION (MAIN STREET TO LOIS STREET) PROJECT BOC 04/21/20 A Resolution and Order has been prepared for the Board, which would allow the County to acquire the right-of-way and easements by condemnation, if necessary. Construction of the road project is expected to begin spring 2021 with anticipated completion summer 2022. ADDITIONAL INFORMATION: Community Feedback (Known Support/Opposition): Open houses were held on Feb. 28 and Dec. 12, 2019. Attendees generally expressed support for the new roadway connection and the proposed traffic signal on Lois Street. Some concerns were voiced regarding impacts to Noble Woods Park and adjacent wetland areas. These concerns are being addressed by the design team. Legal History/Prior Board Action: MO 18-297 approved contract amendment No. 6.1 with WHPacific for design services on this project. Budget Impacts:

Total Project Cost $ 16,200,000

Amendment 6.1 Remaining < $ 1,800,000 >

Expenditures to date < $ 1,500,000 >

Balance available $ 12,900,000

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"KLF | March 27, 2020Not to Scale

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ProjectLocation

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VICINITY MAP

Project #100343

CenterlineLimits "A"

CenterlineLimits "A"

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CenterlineLimits "A-1"

CenterlineLimits "A-2"

CenterlineLimits "A-1"

CenterlineLimits "A-2"

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Page 1 - RESOLUTION AND ORDER WASHINGTON COUNTY COUNSEL

161 NW ADAMS AVENUE, SUITE 305, MS #24 HILLSBORO, OR 97124

PHONE (503) 846-8747 - FAX (503) 846-8636

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Declaring the Necessity and Purpose for Acquisition of Certain Right-of-Way For the SE Century Boulevard Extension (E Main Street to SE Lois Street) Project, Directing an Attempt to Agree With Owners as to Compensation; Authorizing Condemnation Proceedings to Acquire the Said Rights-of-Way; and Authorizing the Payment of Protective Rent.

) ) ) ) ) ) ) )

RESOLUTION AND ORDER

No.________________

The matter having come before the Washington County Board of Commissioners at its

regular meeting of April 21, 2020; and

It appearing to the Board that funding has been approved for an improvement project for

the SE Century Boulevard Extension (E Main Street to SE Lois Street) Project, Project No. 100343

(“Project”), which provides for the construction of the proposed improvements; and

It appearing to the Board that the Board of Commissioners has authority under ORS Chapter

35 to acquire right-of-way by purchase or condemnation proceedings; and

It appearing to the Board that it is consistent with the powers and purposes of County

government, and necessary for the continued growth, safety and welfare of the community, that

the Project be constructed and that the necessary right-of-way and easements be acquired; and

It appearing to the Board that the proposed construction of the Project is planned and

located in a manner which is most compatible with the greatest public good and causes the least

private injury; it is therefore

RESOLVED AND ORDERED that it is necessary for the preservation of the public health, safety

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Page 2 - RESOLUTION AND ORDER WASHINGTON COUNTY COUNSEL

161 NW ADAMS AVENUE, SUITE 305, MS #24 HILLSBORO, OR 97124

PHONE (503) 846-8747 - FAX (503) 846-8636

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and welfare of Washington County that the County, in connection with the construction of the

Project, immediately start the acquisition process for the necessary right-of-way and easements for

the Project, through exercise of the power of eminent domain; and it is further

RESOLVED AND ORDERED that the right-of-way and easements to be acquired are described

as follows: the centerlines are described in the attached Exhibits “A”, “A-1”, and “A-2”; the width of

right-of-way will be in accordance with the current Washington County Transportation Plan;

ancillary easements including slope, sidewalk, utility, wetland mitigation, storm water treatment,

storm water detention, and temporary construction purposes; together with such incidental

additional right-of-way at intersections, and due to topography or other project-level refinements

and features identified as necessary for safe and efficient operation, as may be reasonably

necessary in order to accommodate project design; and any uneconomic remnants, as determined

by appraisal; and it is further

RESOLVED AND ORDERED that the Department of Land Use & Transportation and the Office

of County Counsel are authorized to retain real estate appraisers and negotiators, said appraisals to

be prepared under the auspices of the Office of County Counsel and submitted to said Office for

initiation of proceedings as described below; and it is further

RESOLVED AND ORDERED that the Department of Land Use & Transportation is authorized

to make protective rent payments in conjunction with acquisition of the subject property, when

determined to be feasible and economically advantageous to the Project; and it is further

RESOLVED AND ORDERED that the Department of Land Use & Transportation shall in good

faith, attempt to negotiate an agreement as to just compensation with affected property owners,

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Page 3 - RESOLUTION AND ORDER WASHINGTON COUNTY COUNSEL

161 NW ADAMS AVENUE, SUITE 305, MS #24 HILLSBORO, OR 97124

PHONE (503) 846-8747 - FAX (503) 846-8636

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but the Board recognizes that there is a reasonable likelihood that formal litigation will be necessary

for a substantial number of properties and, therefore, hereby authorizes the Office of County

Counsel to file complaints in condemnation and take said other steps as it determines are necessary

for the immediate possession and condemnation of the right-of-way described herein.

DATED this 21st day of April 2020.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIR KATHRYN HARRINGTON RECORDING SECRETARY APPROVED AS TO FORM:

CORTNEY D. DUKE-DRIESSEN

SR. ASSISTANT COUNTY COUNSEL

DATE AND SIGNED: JANUARY 8, 2020

PAGE 3 - R&O#______________________

DECLARATION OF NECESSITY FOR RIGHT-OF-WAY

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Department of Assessment & Taxation

Agenda Title: APPROVE ASSESSMENT AND TAXATION EXPENDITURES AND GRANT DOCUMENTS FOR FY 2020-21

Presented by: Margaret R. Garza, Interim Director Department of Assessment & Taxation

DEPARTMENT’S REQUESTED ACTION: Approve the attached Resolution and Order authorizing submittal of the grant application to Department of Revenue and adopting expenditures for FY 2020-21.

COUNTY ADMINISTRATOR’S RECOMMENDATION: I concur with the requested action.

Agenda Item No. 2.e.Date: 04/21/20

SUMMARY: The Assessment & Taxation Grant Program requires compliance with the various state property tax laws relating to uniformity and equity. The grant will provide funding for approximately 14% of the County’s proposed expenditures for assessment & taxation functions. We estimate that Washington County will receive approximately $1,900,000 during FY 2020-21.

In order to qualify for the grant funds, counties must file a grant document with the Department of Revenue by May 1, 2020. The grant documents must assure adequate funding for continued compliance with Oregon laws relating to property tax equity and uniformity. The FY 2020-21 Requested Budget will meet this requirement.

ADDITIONAL INFORMATION: Community Feedback (Known Support/Opposition): None Legal History/Prior Board Action: Consent Agenda presented annually per ORS 308.232 & 308.234 Budget Impacts: Receipt of an estimated $1.9M dollars into the A&T budget.

Attachment: Resolution and Order

Clerk’s Desk Items (linked online): 1. FY 2020-21 Grant document, (Forms 1-6)2. FY 2020-21 Grant document, proposed expenditures (Form 7) for the

assessment and taxation function3. Racial and ethnic impact statement4. Washington County organizational chart

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Page 1 – RESOLUTION AND ORDER (Grant Doc FOR DOR FY 2020-2021)

WASHINGTON COUNTY COUNSEL 155 N FIRST AVENUE, SUITE 340, MS #24

HILLSBORO, OR 97124 PHONE (503) 846-8747 - FAX (503) 846-8636

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IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTION COUNTY

In the Matter of Submitting a Grant Document to the Oregon Department of Revenue under ORS 294.175 to 294.184

RESOLUTION AND ORDER _________________

The above-entitled matter came before the Board of County Commissioners at its

regular meeting of April 21, 2020; and

It appearing to the Board that the Legislative Assembly has enacted ORS Chapters 308,

309, 210, 311, and 312 to establish and maintain a property tax system that has uniformity and

equity statewide, and that this goal is a joint responsibility of each county and the Department

of Revenue; and

It appearing to the Board that ORS 294.175 to 294.184 provides grant funding to assist

counties pay for assessment and taxation programs and Washington County is applying to the

Department of Revenue in order to participate in the Assessment and Taxation Grant; and

It appearing to the Board that the County has assessed it compliance with Oregon law

and administrative rules and the County is generally in compliance with ORS 308.232 and

308.234, ORS Chapters 309, 310, 311, and 312, and other laws requiring equity and uniformity

in the system of property taxation; and

It appearing to the Board that the summary of expenditures included in the grant

document represents an adequate level of expenditures to maintain compliance during the

2020-2021 fiscal year; and

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Page 2 – RESOLUTION AND ORDER (Grant Doc FOR DOR FY 2020-2021)

WASHINGTON COUNTY COUNSEL 155 N FIRST AVENUE, SUITE 340, MS #24

HILLSBORO, OR 97124 PHONE (503) 846-8747 - FAX (503) 846-8636

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It appearing to the Board that the proposed expenditures reflect current needs,

including programs to increase the effectiveness and efficiency of the Washington County

Department of Assessment and Taxation; now, therefore, it is

RESOLVED AND ORDERED that the Chair is authorized to sign the grant application on

behalf of this Board and to execute any other documents necessary to complete the grant

application; in the amount of $13,954,043, the total expenditure amount for consideration of

the grant and it is further,

RESOLVED AND ORDERED that the Property Tax Grant Document Constitutes the

County’s Program to maintain compliance with the requirements of the Oregon Property Tax

System. The Board designates Margaret Garza, phone number (503) 846-3928, email address

[email protected] as the County contact person for this grant document.

DATED this 21st day of April 2020

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON

______________________________ CHAIR KATHRYN HARRINGTON ______________________________ RECORDING SECRETARY

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Heath and Human Services Agenda Title: APPROVE CONTRACT BETWEEN WASHINGTON COUNTY PUBLIC HEALTH

AND MULTNOMAH COUNTY HEALTH DEPARTMENT Presented by: Marni Kuyl – Director of Health and Human Services

DEPARTMENT’S REQUESTED ACTION: Approve a three-year contract with Multnomah County Health Department for $4,500,000 to provide support for increased HIV/STI testing, education, and outreach. COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 2.f.

Date: 04/21/20

SUMMARY: This is a contract establishing an intergovernmental agreement between Washington County Public Health and the Multnomah County Health Department for the remaining three years of the Early Intervention Services and Outreach grant. The contract period will be for January 1, 2020-December 31, 2022 and will provide a total of $4,500,000 during this time. This funding provides resources to the Disease Control and Prevention Program to support HIV/STI testing, disease investigation and case management, and education and outreach programs. ADDITIONAL INFORMATION: Community Feedback (Known Support/Opposition): There is no known opposition to the award of this contract. Legal History/Prior Board Action: None Budget Impacts: Funds for this contract are provided through the HIV Early Intervention Services and Outreach funding awarded by the Oregon Health Authority.

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AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Consent – Service District for Lighting No. 1 A County Service District (CPO 3)

Agenda Title: SET PUBLIC HEARING TO AMEND ASSESSMENT AREA EQUIPMENT FOR

GARDEN HOME NO. 147 (PIPER RIDGE SUBDIVISION) Presented by: Stephen Roberts, Director of Land Use & Transportation

DEPARTMENT’S REQUESTED ACTION: Set Public Hearing on May 19, 2020 to amend the existing Garden Home assessment area adding additional street lights and tax lots as described in Exhibit B. COUNTY ADMINISTRATOR’S RECOMMENDATION:

I concur with the requested action.

Agenda Item No. 2.g.

Date: 04/21/20

SUMMARY:

Plans have been approved by Washington County to amend the existing Garden Home No. 147 assessment area establishing the Piper Ridge Subdivision. A new plat was recorded on March 24, 2020. Amendments to the existing assessment area requires a public hearing. ADDITIONAL INFORMATION:

Community Feedback (Known Support/Opposition): The Piper Ridge Subdivision petitioners presented a signed petition and waiver of their right to remonstrate. Legal History/Prior Board Action: None Budget Impacts: Assessments recovered through the SDL process fund the maintenance and electrical costs for all lighting within the district. (continued) Attachments: Resolution and Order, including; Exhibit A – Notice of Public Hearing Exhibit B – Street Lighting Proposal Exhibit C – Assessment Area and Vicinity Maps

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SET PUBLIC HEARING TO AMEND ASSESSMENT AREA EQUIPMENT FOR GARDEN HOME NO. 147 (PIPER RIDGE SUBDIVISION) BOC 04/21/20 The Service District for Lighting proposes to add the following street lights to this area:

Current Lights Lights Added Lights Removed Total Lights 98 5 1 102

Adding five street lights, four poles and removing one existing street light will change the current minimum annual assessment of $32.04 to $33.87 and change the current maximum annual assessment from $45.92 to $67.74 using the updated maximum assessment calculation process.

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Page 1 - RESOLUTION AND ORDER ( ) WASHINGTON COUNTY COUNSEL

155 N FIRST AVENUE, SUITE 340, MS #24 HILLSBORO, OR 97124

PHONE (503) 846-8747 - FAX (503) 846-8636

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IN THE WASHINGTON COUNTY SERVICE DISTRICT

FOR LIGHTING (SDL NO. 1)

In the Matter of Declaring an intent to Amend Garden Home assessment area No. 147 by adding three street lights and modifying one street light and set a Public Hearing for GARDEN HOME (PIPER RIDGE)

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RESOLUTION AND ORDER

No.

This matter having come before the Board of Directors of the Service District for Lighting

No. 1, a county service district, at its meeting of April 21, 2020; and

It appearing to the Board that staff has recommended the boundary of Garden Home

Assessment Area No. 147 include five additional street lights, four additional poles and

modification to an existing street light and pole as described in Exhibit B; and

It appearing to the Board that this amendment requires the facilities described in Exhibit B

be added to the assessment area; and

RESOLVED AND ORDERED that a public hearing shall be conducted in the PSB

Auditorium of the Washington County Public Services Building, 155 N. First Avenue, Hillsboro, OR

at 10:00 a.m. on May 19, 2020, with not less than 10 days notice to be mailed to the property

owners in the proposed service area; and it is further

RESOLVED AND ORDERED that the Board will hear and consider any objections to the

proposed improvements and service charges by any parties affected thereby.

DATED this 21st day of April 2020. BOARD OF DIRECTORS FOR WASHINGTON COUNTY SERVICE DISTRICT FOR LIGHTING (No. SDL-1)

CHAIR KATHRYN HARRINGTON RECORDING SECRETARY

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N O T I C E O F P U B L I C H E A R I N G

AMENDMENT OF STREET LIGHTING ASSESSMENT AREA

WASHINGTON COUNTY SERVICE DISTRICT FOR STREET LIGHTING SDL NO. 1

Assessment Area: GARDEN HOME No. 147 The Service District for Lighting staff has recommended adding five street lights, four poles and modifying one street light for the Garden Home assessment area. This proposal will change the current annual assessment per lot from $32.04 to $33.87. A public hearing will be conducted at 10:00 a.m. on May 19, 2020, in the Auditorium of the Washington County Public Services Building, 155 N. First Avenue, Hillsboro, OR 97124. The County is currently working on the public hearing/call-in process due to the COVID19 – Corona Virus. Please call 503-846-3679 if you wish to testify remotely or you may submit written testimony by the hearing date. If written objections are received from more than 50% of the property owners, owning more than 50% of the property in the proposed area, the assessment area will not be amended, and the additional equipment will not be added. A map of the proposed addition is attached. For a description of the facilities proposed to be provided or if you have any other questions, please call 503-846-3679.

EXHIBIT A Page 1 of 1

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PART I. DESCRIPTION OF PROPOSED ASSESSMENT AREA - CURRENTLY TAX LOT #

PART II. ESTIMATED COST OF SERVICE FOR FISCAL YEAR 2020-21

A. Monthly Cost of Service

Qty. Type Unit Cost Total

Lights 3Option A, 29W LED Roadway (DD) 3.51$ 10.53$

2Option A, 70W LED Postlite (BB) 15.19$ 30.38$

1Option A, 49W Letoteck (AB) (5.03)$ (5.03)$

Poles 2Option A, Fiberglass DB Gray (61)

8.11$ 16.22$

2Option A, HADCO, Fluted Ornamental (66) 10.39$ 20.78$

Total (Lights and Poles) 72.88$

B. Annual Cost of ServiceTotal

Lights and Poles 874.56$ 874.56$

Administration 10 2.00$ 20.00$

Annual Cost for Service Area 894.56$

Base Annual Cost Per Lot 1.83$ 1.83$

32.04$

33.87$

C. Maximum Annual Cost Per Lot 67.74$

PART III. LOCATION OF LIGHTS AND POLESPer attached assessment map

Current Annual Cost Per Lot (479 lots)

Minimum Annual Cost Per Lot

(# of lots x Admin. Fee)

PROPOSAL TO INSTALL, OPERATE AND MAINTAIN STREET LIGHTING WASHINGTON COUNTY SERVICE

PIPER RIDGE (Garden Home Inclusion)

($912.80/489 lots)

(Total x 12 months)

WASHINGTON COUNTY, OREGON

1S123DD002001S123DD00300

EXHIBIT BPAGE 1 OF 1 75

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SPECIAL ASSESSMENT AREA MAP

PIPER RIDGE

SERVICE DISTRICT FOR LIGHTING NO. 1 (SDL)

= Proposed Street Light

EXHIBIT C PAGE 1 OF 2

NORTH

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ProjectLocation

VICINITY MAPPIPER RIDGE

SERVICE DISTRICT FOR LIGHTING NO. 1 (SDL)

WASHINGTON COUNTYSERVICE DISTRICT FOR LIGHTING NO. 1 (SDL) NORTH

EXHIBIT C PAGE 2 OF 2

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