HomeMy WebLinkAboutM112513District No. 1 Commissioner: Phil Johnson
District No. 2 Commissioner: David W. Sullivan
District No. 3 Commissioner: John Austin
County Administrator: Philip Morley
Clerk of the Board: Erin Lundgren
MINUTES
Week of November 25, 2013
Chairman John Austin called the meeting to order at the appointed time in the presence of
Commissioner David Sullivan and Commissioner Phil Johnson.
PUBLIC COMMENT PERIOD: The following is a summary of comments made by
citizens in attendance at the meeting and reflect their personal opinions:
• 13 citizens voiced their support for the Port Townsend Recreation Center and its programs.
Benefits for children and the community were pointed out. Some suggestions were to raise
program fees, raise taxes and keep the budget cycle concurrent with the school year. A majority
of those who support the Port Townsend Recreation Center would like to have more
information on how they can help save the center;
• A citizen mentioned an article published in a local newspaper last week regarding salmon
restoration in Jefferson County. He pointed out the article did not mention work that land
owners have done without mandatory buffers;
• A citizen stated: 1) He is pleased with the two candidates for the Assessor position; 2) Half of
the children that attend Chimacum schools have subsidized lunches; and 3) County residents
believe that the City is full of Communists that try to make life miserable for them; and
• A citizen stated: 1) Recreation Center fee increases are a good idea; 2) In the Memorandum of
Understanding listed under Consent Agenda Item No. 6, the Sheriff's last name is misspelled;
3) The proposed Solid Waste minimum fee will increase by 100% for 26% of the people; and
4) He believes there should be another hearing held on the proposed Ordinance re: Solid Waste
fees, because the language has been changed since the hearing was held.
The meeting was recessed at 9:36 a.m. to allow those in the audience to sign up for email
notification regarding Park and Recreation updates and reconvened at 9:47 a.m. with all three
Commissioners present.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Johnson moved to delete Item No.I and approve the remaining items on the Consent Agenda.
Commissioner Sullivan seconded the motion which carried by a unanimous vote.
(DELETED) ORDINANCE re: Establishing Revised Fees for the Public Works Solid Waste Division
and to Adopt Amendments to the Jefferson County Code (Approved later in Minutes)
RESOLUTION NO. 58 -13 re: Adopting the Jefferson County Cost Allocation Plan for Fiscal
Years 2013 and 2014; Jefferson County Auditor's Office
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Commissioners Meeting Minutes of November 25, 2013
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3. AGREEMENT NO. JC1332 re: South Discovery Bay, Olympic Discovery Trail (ODT)
Project; In the Amount of $10,000; Jefferson County Public Works; Washington State
Department of Transportation (DOT)
4. AGREEMENT NO. LA7591 re: Upper Hoh Road Access Preservation, MP 3.338 Culvert
Replacement, CR1896, Federal Aid Project No. PLH- A160(001); In the Amount of $797,601;
Jefferson Country Public Works; Washington State Department of Transportation (DOT)
5. AGREEMENT, Amendment No. 1 re: Individual Employment and Individual Technical
Assistance; An Additional Amount of $1,500 for a Total of $40,464; Jefferson County Public
Health; Concerned Citizens
6. Memorandum of Understanding re: Warrant Entry Services; In the Amount of $55,000 per
year; Jefferson County Sheriff; JeffCom
7. Final Short Plat Approval re: Pumpkin Patch Short Plat (Wayne Brown Short Plat) #MLA12-
00118/#SUB12- 00008; To Subdivide a 10.73 Acre Parcel into 2 Residential Lots; Located at 27
Lords Lake Loop Road, Quilcene; Wayne and Patty Brown, Applicants
8. Letter of Intent re: Beausite Lake Trust Land Transfer Project #02- 090358; Washington State
Department of Natural Resources (DNR)
9. Payment of Jefferson County Vouchers/Warrants Dated November 14, 2013 Totaling
$1,541,382.26
10. Payment of Jefferson County Payroll Warrants Dated November 20, 2013 Totaling
$72,496.50 and A/P Warrants Done by Payroll Dated November 20, 2013 Totaling $15,351.95
Discussion re: Consent Agenda Item #1 ORDINANCE NO. 06- 1125 -13 re:
Establishing Revised Fees for the Public Works Solid Waste Division and to AdoptAmendments to
the Jefferson County Code: Commissioner Johnson stated he has concerns with doubling the minimum
fee at the Solid Waste facility. He feels that by charging double for one can of garbage, it will not
encourage recycling. He asked County Administrator Philip Morley about the time constraints for
making a decision? County Administrator Morley stated that 60 days is needed for the commercial
garbage hauler to work through the agreement with the City of Port Townsend as well as the Utilities
Transportation Commission (UTC) for outside the City of Port Townsend, and then to reflect those rates
in their retail sales. The longer the Commissioners wait on taking action, the longer the existing rates
remain in place, which would mean less revenue in 2014.
Chairman Austin mentioned that last week, Solid Waste Manager Richard Talbot noted that if the
proposed minimum fee were to be decreased, revenue would need to be generated among other types of
garbage that was brought in. Commissioner Sullivan stated that the current proposed fees will force
people to coordinate their garbage disposal efforts. He hopes that this will not decrease recycling. For
the people who bring in small amounts, it's a matter of cooperating with other people to bring their
garbage to the Solid Waste facility. County Administrator Morley pointed out that there is a garbage
hauler small can rate that is comparable to the proposed fees, and many citizens may not even have to
self haul.
County Administrator Morley asked Solid Waste Manager Talbot to clarify information he presented at
the November 12, 2013 Commissioner meeting where he stated that for each dollar that the minimum
fee is dropped on the self haul, the per -ton tipping fee would raise an equal amount? Solid Waste
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Commissioners Meeting Minutes of November 25, 2013
Manager Talbot who was in the audience mentioned that he vacation today and not working so he did
not bring paperwork with him, but he stated that the relationship between the minimum fee and the TIP
fee, is an approximate analysis and should not be used as an absolute. In regard to the timeframe, a short
delay may not affect the Solid Waste department right away. He noted that the Solid Waste facility is
losing money with the current fees. In the last two years the facility has lost between $100,000 and
$200,000 a year. If there is any change done to the fee structure, Solid Waste Manager Talbot stated
they would always fund operations first and what will suffer is capital renewal. He elaborated that it is
like painting a house, you can put it off each year, but eventually you have to do it. He also noted that
while the Solid Waste facility has seen more people bring in less garbage due to their recycling and
composting practices, which should be lauded, it does have an impact on the facility. He compared it to
water rates. Those who are efficient with their water use and use less water, while it is a good thing,
inevitably the price per gallon goes up because there are still costs to be covered. Is $10 a rock hard
number that we need to have to survive? No, but there is some underlying philosophy which says there
is a benefit to the operation in the longer term by trying to create more efficiency in the way people
bring in their waste. Solid Waste Manager Talbot suggested that the Commissioners take as much time
as they need in making their decision. He stated that he stands by the proposal, but if other fees are
decided upon, staff will adjust the program accordingly.
Through the Climate Action Committee (CAC), the Jefferson County Solid Waste facility is tasked with
reducing their footprint. A reduction in trips to the garbage facility moves in that direction and provides
some additional contribution.
Chairman Austin noted that during public comment period, a citizen stated that every time there is a
change in a proposed regulation after a hearing has already been held, another hearing should be
required. Commissioner Sullivan stated that legal council has looked into this before on other issues and
he is confident they are following what they need to do. He mentioned that Commissioners are expected
to make changes based on what they hear.
Commissioner Johnson noted that looking at this from a recycling aspect, there would be fewer trips to
the Solid Waste facility and less fuel involved. Commissioner Johnson moved to adopt ORDINANCE
NO. 06- 1125 -13 Solid Waste Fee Ordinance (Revision to Fee Schedules and Amendments to the JCC).
Commissioner Sullivan seconded the motion which carried by a unanimous vote.
COMMISSIONERS BRIEFING SESSION. The Commissioners each provided
updates on the following items:
All 3 Commissioners
- Attended the Washington State Association of Counties (WSAC) Conference. Each Commissioner
attended meetings at the conference regarding a variety of topics. Jefferson County received a Smart
Community Award for the Mystery Bay Management Plan and the South Port Townsend Bay
Management Plan.
Commissioner Johnson
- Attended the Northwest Straits Conference and a Timber Counties meeting last week.
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Commissioners Meeting Minutes of November 25, 2013
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The meeting was recessed at 11:04 a.m. and reconvened at 1:35 p.m, with all three
Commissioners present.
Discussion re. Possible Changes to County Code Section 3.08 Conservation Futures
Fund. Environmental Health Specialist Tami Pokorny and Conservation Futures Citizen Oversight
Committee Chair Richard Jahnke reviewed the recommended changes.
Environmental Health Specialist Pokorny reviewed the four recommendations as follows:
1. Add County Code Section 3.08.050(6) stating: "No person on the citizen oversight
committee shall serve as the application presenter or advocate during the annual
application cycle that such a particular application is participating in except that this
section is not violated when a citizen oversight committee member is the person
authorized or required to sign an application, request or other document necessary for the
Conservation Futures Fund application process and so signs that application, request or
other document."
2. Add County Code Section 3.08.050(7) stating: "Recusal of any sponsor or applicant, or
any representative, advocate, presenter or agent of any sponsor or applicant, who is a
voting member of the citizen oversight committee shall be mandatory prior to the start of
any meeting of the citizen oversight committee during which the citizen oversight
committee is going to vote upon or rank one or more applications."
3. Revise County Code Section 3.08.010(8) to remove the words "for public use and
enjoyment." So that the revised definition ends with the phrase: "farm and agricultural
land and timber land as those terms are defined in Chapter 84.34 RCW."
4. Revise County Code Section 3.08.050(1) to remove the words "at least quarterly" and
replace them with "as needed."
Environmental Health Specialist Pokorny stated that in the last few Conservation Futures Citizen
Oversight Committee meetings, changes for the coming year have been discussed by the Committee.
They have also discussed Chief Civil Deputy Prosecuting Attorney David Alvarez's suggested revisions
(Item No. 1 and 2 on the recommendation list) as they pertain to concerns of two of their members.
Chair Jahnke mentioned that the committee is willing to go along with Prosecutor Alvarez's
recommendations, although the members feel that there is not a great need for it. He pointed out that
representatives of the Jefferson Land Trust (JLT) have always recused themselves from voting, although
proposed Item No. 2 would make what was practice, mandatory.
Chairman Austin stated that at the State Board of Health meetings, he has to read a statement at the
beginning of every meeting requesting any member with financial interest in matters presented at the
meeting make themselves known so the Board can decide if a recusal from voting is required. He
commented that it seems like the proposed revisions go way beyond that. Chair Jahnke stated that in the
past, it has been JLT's practice not to even attend a meeting where a vote is held. Members from JLT
would not be present at the ranking meeting so the Conservation Futures Citizen Oversight Committee
would not need to read a statement like that. Environmental Health Specialist Pokorny stated that there
are several questions that are read at the beginning of the ranking meeting, and one of them is regarding
conflict of interest. Commissioner Sullivan stated that by recusing a member with a conflict of interest
from the ranking meeting, you miss the valuable input of those people if they are not there. He
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Commissioners Meeting Minutes of November 25, 2013
commented that no one is getting rich off this process and he appreciates all the work people put into the
ranking of the projects. He mentioned that if this was at the request of the committee, he would want to
respect that.
Chair Jahnke stated that usually by the time a project comes to the Committee, it has been through many
other entities such as the Salmon Recovery Board and other boards which do their own independent
reviews. Environmental Health Specialist Pokorny stated that any project sponsor who forwards more
than one application, typically the JLT, are required to internally rank those projects. She mentioned that
everyone on the committee knows JLT's feelings on the ranking ahead of time.
County Administrator Philip Morley asked for clarification on suggested revision Item No. 1. The
phrase "No person on the citizen oversight committee shall serve as the application presenter or
advocate during the annual application cycle..." If someone is a staff or volunteer with one of the
applicant organizations, and they sit on the Conservation Futures Committee, what does that mean?
Chair Jahnke replied that it means they could not also be the presenter. He elaborated on the
Conservation Futures funding application procedures stating that they conduct a site visit and then a
meeting. It would mean that a person affiliated with an applicant organization could not make the
presentation and advocate for that particular project. County Administrator Morley pointed out that Item
No. 1 states "presenter or advocate." He asked if that means that someone from an organization cannot
speak at all about a project that has been applied for by their organization because that would be viewed
as advocating? Chair Jahnke replied that a committee member could not speak for a project. It would
need to be either the presenter or the advocate of a project. Environmental Health Specialist Pokorny
mentioned that although the Committee member could not speak for a project, others from that
organization could speak.
Chairman Austin stated that he can understand applying this idea to a larger organization, but he does
not believe it would be conducive in a small county like Jefferson County. Individuals who have a lot of
knowledge on a particular project would basically be kicked off the committee during decision making
times, and the committee may have to rely on other people that may not know the projects as well. He
indicated that he has a hard time with proposed revision Items No. 1 and 2. Commissioner Sullivan
agreed with Chairman Austin and added that being aware of the issues was more important to him.
County Administrator Morley asked that pending the Commissioners' decision on Items No. 1 and 2, if
they were to be approved, could the term "or advocate" be taken out? He stated that per Item No. 2, they
would not be there to advocate during those meetings. Chair Jahnke replied that the ranking meeting is a
very specific meeting. Rankings are all sent to Environmental Health Specialist Pokorny before the
meeting. They go through the questions and there is no pressure for anyone to change their ranking, but
they have a discussion and make sure everyone is happy with their numerical score. There is really no
advocacy for a specific project, it is a question by question analysis of what your response has been. It is
preceded by a power point presentation meeting where an individual pitches a project. County
Administrator Morley asked if the Committee wants advocacy to be broader than those narrow
meetings? Chair Jahnke stated that is what Item No. 2 addressed, but reiterated that Items No. 1 and 2
were Prosecutor Alvarez's recommendations and when the Committee voted on these proposed
revisions, they concurred that they could live with his suggestions. The vote wasn't pushing for these
revisions, it was more like the Committee agreed that they would be able to process applications within
this framework if this is what the County wanted.
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Commissioners Meeting Minutes of November 25, 2013
Chair Jahnke stated that Item No. 4 works out better for the committee and is important to the group. In
the past, meetings were held quarterly.
Chairman Austin noted that he is not in favor of suggested revision Items No. 1 and 2. In regard to Item
No. 2, he stated that recusing someone from the vote is one thing, recusing someone from attending the
meeting altogether is basically telling them they no longer have a right to sit in that particular open
public meeting. County Administrator Morley stated he believes the intent is to ensure there is no
individual glaring or pressure on another member to vote in favor of a particular project. Chairman
Austin commented that people should be able to handle glares. Commissioner Johnson stated that people
should be able to speak in regard to their project and not have to recuse themselves from the meetings.
Commissioner Johnson stated he would like to get clarification from Chief Civil Deputy Prosecutor
Alvarez on his recommendations for the Conservation Futures Committee. Commissioner Sullivan
stated that if the Conservation Futures group wanted the proposed revisions, if it solved a problem and it
took away an issue so they wouldn't have to deal with it, he would support the revisions on those terns.
County Administrator Morley reiterated that the Committee stated they could live with the suggested
revisions Items No. 1 through 3, but No. 4 is the item they are advocating for. He indicated that legal
advice can change over time and suggested the Commissioners meet with Chief Civil Deputy Prosecutor
Alvarez and discuss the topic further before giving the Committee direction.
Update re: Status of the Stormwater Retrofit Grant: Jefferson County Department of
Community Development (DCD) has been participating in a Hood Canal Coordinating Council (HCCC)
stormwater retrofit grant since May 2012. Mason County, Kitsap County, and several state agencies and
tribal entities have also been participating as a workgroup with HCCC and the project consultant,
Herrera. This work is being completed through a Washington State Department of Ecology (DOE) grant
that HCCC received for the purpose of identifying potential stormwater retrofit sites within the
three- County Hood Canal action area. End products of this grant include preparation of pre- design
reports for some selected sites within each of the three member counties and preparation of a low impact
development retrofit plan report. At the December HCCC Board meeting on December 11, 2013, HCCC
will ask for approval to proceed with the next steps in the grant.
DCD Planning Manager Stacie Hoskins, Lead Associate Planner Donna Frostholm and HCCC Project
Manager Julie Horowitz were present at the meeting and reviewed the Stormwater Retrofit Grant
process with the Board. Lead Associate Planner Frostholm stated that they are getting towards the end of
their grant, so they are pulling the Ioose ends together in regard to site selection. She elaborated on the
process, mentioning that Consultant Herrera compiled all the information and came up with a list of
about 60 sites. Jefferson County had about a third of those sites. Consultant Herrera then did a drive by
of those sites and refined their list to 24, eight of those being in Jefferson County. After an even closer
look, they narrowed those choices down to five sites. Then, they added four neighborhoods. Lead
Associate Planner Frostholm commented that the Agenda Request lists the nine sites that are proposed
for the stormwater retrofit. She mentioned that at this point, they are trying to decide whether these
ranking systems work and how to move forward. Of the nine proposed sites, only two to three will need
to be selected. Project Manager Horowitz stated that there is local knowledge and concerns that are not
captured in the ranking criteria. They desire to include that information to come up with the best
candidates.
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Commissioners Meeting Minutes of November 25, 2013
Commissioner Sullivan noted that some of the proposed sites are public and some are on private
property. Lead Associate Planner Frostholm stated that DOE has stated that commercial or residential
properties cannot obtain funding and DCD cannot tell a commercial or private property owner they have
to do a retrofit.
County Administrator Philip Morley asked if there was potential funding source for private sites?
Project Manager Horowitz replied that DOE would not fund private sites, however, the consultant could
look for other funding possibilities.
Chairman Austin asked if the HCCC agrees with the ranking system, or will they save the money?
Project Manager Horowitz replied that the HCCC has an agreement with DOE to comply with the grant.
If the funds are not used, they will lose the grant money. Planning Manager Hoskins emphasized that if
they were not to fulfill the requirements of the grant, it would hinder the ability to obtain future grants.
Project Manager Horowitz explained with the addition to neighborhoods on the project list, there would
be an opportunity to capture a larger area, however the costs are significantly higher.
Commissioner Sullivan asked what the next phase is? Lead Associate Planner Frostholm replied that
they need to decide how they will select the sites, and then Consultant Herrara will prepare the pre -
design reports for the sites that are chosen. Commissioner Sullivan stated that it seems like what was
presented to the Board was an artificial comprehensive look and wondered if this was the best value for
stormwater money in this state. County Administrator Morley asked if Public Works was consulted on
this project? Planning Manager Hoskins stated that they were. Lead Associate Planner Frostholm
commented that all emails that come through in regard to this project, get forwarded to the Public Works
department. She added that Public Works has not had much comment on this project as they have their
own. County Administrator Morley asked if Public Works was asked to prioritize the list? Lead
Associate Planner Frostholm replied that Public Works was asked very early in the process if there were
any areas they wanted the grant to focus on and their answer was no. She noted that there usually is not a
big stormwater retrofit need in this county because we do not have the infrastructure for it. DCD did not
anticipate comments from Public Works on the ranking but is coordinating with Public Health in regard
to water quality. Public Health staff is working on the Pollution Identification and Control (PIC) for
stormwater, but they did not rank the projects.
Planning Manager Hoskins stated that Jefferson County has less of a need for stormwater retrofitting
compared to Kitsap or Mason counties, but any work done would be for the good of the Hood Canal.
She stated that DOD's top three choices would be the Chimacum School, Brinnon Community Center
and the Dosewallips State Park. Commissioner Johnson stated that if he were asked to rank the list, his
choices would be based on a gut feeling, and he worries that he might make the wrong decision. The
Board agreed to wait on ranking the projects until Public Health and Public Works had a chance to
supply commentary on the rankings.
The meeting was recessed at 2:58 p.m. and reconvened at 3:04 p.m. with all three
Commissioners present.
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Commissioners Meeting Minutes of November 25, 2013
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COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip
Morley reviewed the following with the Board.
Miscellaneous Issues:
• Parks and Recreation
• Health Department Budget 2013 -2014
NOTICE OFADJOURNMENT, Commissioner Johnson moved to adjourn the meeting
at 4:34 p.m. until the neat regular meeting or special meeting as properly noticed. Commissioner
Sullivan secandedj.he motion which carried by a unanimous vote.
JEFFERSON COUNTY
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Deputy Clerk of the Board
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