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HomeMy WebLinkAboutM111213District 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 12, 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: • A citizen suggested that Jefferson Transit move their courthouse bus stop location to Cass Street to allow for safer bus entry and exit; • A citizen stated that since the County now has high speed internet access, past audio recordings of Commissioner meetings and live - stream recording of the meetings should be made available online; • A citizen stated: 1) There will a presentation this week re: How to be happy and healthy into your 90's; 2) The raising of the solid waste fee would be a hardship to poor families; and 3) Certain topics of the proposed Bill of Rights is the main reason that the County Charter did not pass; • A citizen stated that several Charter counties have a process where citizens can draft an ordinance and the Commissioners evaluate the proposed ordinance publicly. Citizens want to be heard; • A citizen commented that now that the election is over, there needs to be more opportunities for dialogues to continue. Support was expressed for the idea of initiative and looking into what is possible. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. CALL FOR BIDS re: Supply of Liquid Asphalt Products for Bituminous Surface Treatment (BST) Program for Calendar Year 2014; Bids will be Accepted Until 9:30 a.m. on Monday, December 9, 2013 and Opened and Read Publicly at 10:00 a.m. or shortly thereafter in the Commissioner's Chambers, Jefferson County Courthouse 2. CALL FOR BIDS re: Supply of Aggregate for the 2014 and 2015 Roadway Bituminous Surface Treatment (BST) Program; Bids will be Accepted Until 9:30 a.m. on Monday, December 9, 2013 and Opened and Read Publicly at 10:00 a.m. or shortly thereafter in the Commissioner's Chambers, Jefferson County Courthouse 3. AGREEMENT NO. 12 -1250C re: Aquatic Lands Enhancement Account (ALEA) Grant: Construction of a Segment of the Olympic Discovery Trail, South Discovery Bay; In the Amount of $500,000; Jefferson County Public Works; Washington State Recreation and Conservation Office (RCO) Page 1 Commissioners Meeting Minutes of November 12, 2013 4. AGREEMENT NO. 12 -1735P re: Non - Highway and Off -Road Vehicle Activities (NOVA) Grant: Planning Project for Olympic Discovery Trail, South Discovery Bay; In the Amount of $111,250; Jefferson County Public Works; Washington State Recreation and Conservation Office (RCO) 5. AGREEMENT re: Broadband Service; In the Amount of $1,000 per month; Jefferson County Central Services; Jamestown S'Klallam Tribe Economic Development Authority (DBA Jamestown Networks, JNET) 6. AGREEMENT NO. IAA14122, Interagency re: Court Appointed Special Advocates (CASA) Program- Guardian Ad Litem (GAL) Program; In the Amount of $29,362; Jefferson County Juvenile Services; Washington State Administrative Office of the Courts 7. AGREEMENT NO. C130725GSC, Interagency re: Provide Non - Criminal Related Fingerprint Checks on all Guardian Ad Litem Volunteers; Fee for Service; Jefferson County Juvenile Services; Washington State Patrol 8. AGREEMENT NO. 1363 -78868 re: Evidence Based Expansion Programs; In the Amount of $38,604; Jefferson County Juvenile Services; Washington State Department of Social and Health Services (DSHS) /Juvenile Justice & Rehabilitation Administration (JJ &RA) 9. Advisory Board Resignation re: Peninsula Regional Support Network (PRSN) Advisory Board; Timothy Craig; Unexpired Term ending September 17, 2015 10. Payment of Jefferson County Payroll Warrants Dated November 5, 2013 Totaling $815,659.69 and A/P Warrants Done by Payroll Dated November 5, 2013 Totaling $709,511.21 COMMISSIONERS BRIEFING SESSION. The Commissioners each provided updates on the following items: Chairman Austin - Attended a Veteran ceremony at the American Legion on Veteran's Day. - Attended a Lodging Tax Advisory Committee (LTAC) meeting and a Port Ludlow Village Council (PLVC) meeting last week. - Attended a Red Cross dinner last weekend. Commissioner Sullivan - Attended a Veteran ceremony at the American Legion on Veteran's Day. - Will be attending an Olympic Community Action Programs (OLYCAP) Board meeting, and a Peninsula Regional Transportation Planning Organization (PRTPO) meeting this week. - Attended a Peninsula Development Authority (PDA) ceremony last week. Commissioner Johnson - Will be attending an Olympic Air Pollution Control Authority meeting a Coastal Caucus meeting, Integrated Watershed Plan (IWP) meeting and a Parks Advisory Board meeting this week. - Will be attending a Maritime Center dinner this week. The meeting was recessed at 9:49 a.m. and reconvened at 10:03 a.m. with all three Commissioners present. Page 2 Commissioners Meeting Minutes of November 12, 2013 Discussion and Approval re: Unified Development Code (UDC) TextAmendment: Per Jefferson County Code 18.40.090, certain types of land use applications require a "pre- application conference" to assist the applicant in understanding submittal requirements. Department of Community Development (DCD) Planning Manager Stacie Hoskins discussed with the Board the proposal of adding certain additional types of applications to those requiring pre - application conferences due to their complexity and to help compensate DCD for staff time spent in assisting applicants with the application process. DCD staff finds that the proposed additional types of applications are also complex and by requiring the pre - application conference, the applicant will benefit by having the information needed to submit more complete applications and proceed through the permitting process in the most efficient way possible. Planning Manager Hoskins stated that currently, pre- application conferences are required for "Type II", Type III: and some "Type I" applications. Examples of these types are as follows: Type 1: Applications with more than 10,000 s.f. of impervious surface or more than 5,000 s.f. of non - single family development. Type II: Binding site plans, short subdivisions, shoreline substantial development permits. Type III: Long subdivisions, conditional use permits, major variances, plat alterations. Commissioner Johnson asked how staff determines what a "major variance" with regard to Type III permits? Planning Manager Hoskins replied that it depends. It can vary from the bulk dimensional standards of the code. There are standards in 18.40.090 that differentiate between a minor and major variance. A minor variance has a certain threshold of typically less than a 10% change or additional encroachment. Major variance would be for something that was typically new, something that is not existing, or a non - conforming structure that would be non - conforming to the portions of the Jefferson County code. Planning Manager Hoskins stated that DCD proposes adding several more types of applications that require a pre - application conference as follows: Type IV: Final Plats and Final Planned Rural Residential Developments Type V: Special Use Permits, amendments to the comprehensive plan, development regulations, or master plans Critical Area Stewardship Plans (CASPs) The estimated number and annual fees that could result from these new pre - application conference for CASPs and Type IV and V applications are estimated at 10 /year x $380 = $3,800. DCD would like to avoid citizens going through the effort of applying for something that would possibly not get approved. Planning Manager Hoskins commented that a lot of time is spent on applicants before they buy and people like to get a feel before they spend a lot of money, to see if it's feasible to make a Page 3 Commissioners Meeting Minutes of November 12, 2013 change. DCD would like to provide better customer service while paying for DCD staff time. Planning Manager Hoskins stated that when people have a pre - application, their applications are more complete and they tend to go through the permit process more seamlessly. A public notice was published on September 4, 2013 and the Planning Commission held a public hearing on the proposed amendment on August 18, 2013. No public comments were received during this time. Following the public hearing, the Planning Commission discussed the proposed amendment and voted to approve the amendment and "recommendation with findings and conclusions." Commissioner Johnson noted that this would be something that would take more staff time up front, but should balance out with less staff time later. Planning Manager Hoskins stated that being able to talk to citizens earlier in the process more comprehensively instead of piece meal, would save DCD staff time later. Commissioner Sullivan stated that it is happening more and more that we are looking at fees for different things that aren't being paid for by general taxes. The choice out there is to raise taxes, raise fees, or drop service? He does not want to see service dropped. People want more service from DCD. They want things to happen faster and they want things more complete. It is a tough choice sometimes to discern where those lines are drawn. He asked how staff draws the line between asking questions of the DCD staff and when a pre - application conference is required? Planning Manager Hoskins replied that a lot of coaching is already provided free of charge to the public thanks to the Watershed Stewardship Grant. Coaching is more general in nature. Staff can explain what the code is, but when a customer starts asking how that specific code is applied to their application, which may have a lot of different variables, certainty cannot be provided without discussing those variables. The pre - application conference includes planning staff and other relevant departments, such as the Building Plans Examiner, staff from Public Works, Environmental Health Department and other departments that will be reviewing the application. Commissioner Johnson mentioned that a pre - application conference would help resolve some of the issues he has heard about regarding people not getting enough information in the past. Commissioner Sullivan stated that people want flexibility, and the result of that is complexity. There are different circumstances from property to property in this County, and it is a challenge to write that kind of complex code in a simplified language. Commissioner Johnson moved to accept the Planning Commission's public recommendation with findings and conclusions, and approve the proposed amendments by adopting ORDINANCE NO. 03- 1112 -13 Amending the Unified Development Code, JCC 18.40.090 to add certain additional types of applications that require a pre - application conference, provided as Attachment D. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:25 a.m. and reconvened at 10:31 a.m. with all three Commissioners present. Page 4 Commissioners Meeting Minutes of November 12, 2013 HEARING re: Proposed Ordinance Amending Jefferson County Code (JCQ Fee Appendix: The Department of Community Development (DCD) staff provides thousands of hours of customer service to the public without charge. In 2012 they provided approximately 5,000 hours of free service. Present at the meeting was Planning Manager Stacie Hoskins. Planning Manager Hoskins explained that they are required to update and review their fees and that their last update of their fees. The fee ordinance was last updated in 2009. DCD is struggling to obtain sufficient revenue to support its own operations. To help support the staff resources needed to provide customer service, DCD proposed to begin charging fees for certain services where no fees are charged at present. The new fees sought can help DCD cover staff time necessary to provide customer service. Planning Manager Hoskins reviewed with the Board the proposed fees, their purpose and an estimate of the revenue they could generate. Below is a list of the proposed fees: • Road Vacation Request (Estimated 4 /year x $228 = $912) • Pre - Application site visit (when needed) (Estimated 7 /year x $152 = $1,064) • Customer Assistance Meeting (Estimated 1,000 hours /year x $76 = $76,000) • Re- submittal of Consistency Review (Estimated 100 /year x $152 = $15,200) • Scanning Fee (Estimated 400 /year x $19 = $7,600) Total estimated annual additional revenue: $100,776. The new proposed fees would go into effect on January 2, 2013. Planning Manager Hoskins stated there are no plans to eliminate their free service. They would provide the first 15 minutes free of charge. Commissioner Sullivan asked how DCD arrived at the new permit fees and if this was a good average? Planning Manager Hoskins stated that DCD looked at how long each request takes their staff to handle. They found that DCD has been doing review and other types of work on certain applications, without compensation. For example, they provide review and comment to Public Works on Road Vacation Requests and a site visit can take on average two hours. Chairman Austin asked if there was a Public Works fee charged to the customer for their time spent on a Road Vacation Request? Planning Manager Hoskins stated they do charge a fee. Office Coordinator Jodi Adams mentioned that the department receiving the application takes in the fees and disperses them to other departments on the list as needed. This saves the customer from having to go to each department to pay their fees. Chairman Austin opened the hearing for public testimony. Tom Thiersch, Jefferson County: The $76 an hour rate that is quoted for services equates to more than $150,000 for a 2,000 hour year. Who is getting paid $150,000 at DCD? A fully burdened rate at the hourly rate, that he knows DCD is not getting paid, is not $150,000 a year. In keeping with the opinion that was cited by the Chief Civil Deputy Prosecuting Attorney, requiring all applicants to pay for services they might not use. If the justification for this hourly rate is the spreading of administrative costs, then isn't that the same sort of illegal thing, of spreading an overhead cost into an hourly rate? Things that you're paying for that you're not really using. He believes there is an inconsistency here and that the hourly fee is too high. That just cannot be justified as far as he can see. Mr. Thiersch had a suggestion regarding the proposed scanning fee. He mentioned there are periodically grants issued from Page 5 Commissioners Meeting Minutes of November 12, 2013 the Secretary of State's Office to assist agencies with the scanning of existing documents for archival purposes. He strongly recommends keeping an eye out for those grants and taking advantage of them when they become available. As for charging people extra for the scanning of documents, it seems unnecessary because in the end, DCD will be operating more efficiently therefore costs should be reduced. He sees no purpose in charging an extra fee to improve the efficiency of DCD's operations. It costs less to manipulate and store documents electronically than it does on paper. Why DCD is charging more to do something that is actually going to cost less seems illogical to him. It costs more to handle, store, archive and copy paper documents than it does to do the same thing electronically. Certainly when it comes time to do research, electronic documents is the superior approach. Hearing no further testimony, Chairman Austin closed the public hearing. Planning Manager Hoskins addressed the concerns brought up during the public comment period. She stated that DCD is not a paperless department yet, and there are a lot of requirements that it takes at the state level to become paperless. They are required to archive, handle and store their paper documents. DCD has used the State's Archival Office in the past for archival needs, but you have to round up the files and send them to Olympia for scanning. The intent behind the scanning fee is to make it a part of their work process, and handle and scan documents as they come in. Regarding the hourly rate, she stated that no one is making over $200,000 a year at DCD. There are certain things that are the cost of doing business that do make sense to charge an applicant for. When staff does certain things like obtaining training or holding meetings, those are not administrative costs, it is for keeping staff and resources up to speed, efficient and moving forward. There is a lot of streamlining efforts and progress that DCD has made, but there is an endless list of things that move in to take up that time. The demand for DCD exceeds staff time so they are juggling and prioritizing things. DCD has been improving their time tracking to accurately track their fees and revenue sources. Office Coordinator Jodi Adams explained that the hourly rate used to be $55 and was adjusted to $76 by the CPI. She used several different methods to determine the figure and spoke with Environmental Health and the State Auditor's Office who agreed with her method on coming up with that hourly rate. County Administrator Philip Morley stated that in a more perfect world, some of the technical consultation that is provided before an application is filed, is a public service that we would dearly love to provide for free and have it subsidized and paid for out of the general fund. With the reduction in development activity and the value of activity and the constraints to the general fund, DCD does not have the capacity to continue providing services without these proposed fees. The Watershed Stewardship Grant is cutting back and the proposed new fees will help to retain a full time employee. The general fund would not be able to step in and subsidize for this service. Planning Manager Hoskins added that DCD has checked with legal counsel who determined that the fees they are proposing are defensible. Commissioner Sullivan moved to approve the amendments through adoption of ORDINANCE NO. 04- 1112 -13 Amending the Unified Development Code, JCC 18.40.090 to add certain additional types of applications that require a pre - application conference. Commissioner Johnson seconded the motion which carried by a unanimous vote. Page 6 Commissioners Meeting Minutes of November 12, 2013 HEARING re: Proposed Ordinance Amending Solid Waste Fee Schedule: Public Works proposed revising the Solid Waste Disposal Fee Schedules for 2014 through 2019. At a Workshop on October 21, 2013, the Commissioners reviewed the proposed ordinance which revises the following sections of the Jefferson County Code: Appendix, ANNUAL FEE INDEXING Appendix, FEE SCHEDULES: III. Public Works Department— Solid Waste Division III — 010 Purpose -Scope III — 011 Effective Date III — 012 Fee indexing III — 020 Solid Waste Disposal — Transfer Station Commercial and Non - Commercial Rates III — 030 Solid Waste Disposal Drop Box Site (Quilcene) III — 040 Hours of Operation III — 050 Moderate Risk Waste Disposal Facility The current municipal solid waste disposal fees in effect were enacted in 1993; the current moderate risk waste fees in effect were enacted in 2004. Solid Waste Manager Richard Talbot handed out a document titled "Summary Presentation" and read from it. Below is an excerpt from that document: 1. "The Solid Waste Division is managed as an Enterprise Fund — all operating and capital costs are paid from disposal fee revenues. Since 2008, current Operations and Capital fund balances have been drawn down to minimum reserve levels. 2. The proposed Fee Ordinance sets new fees for: • Transfer station — base per ton fee, minimum fee, special fees • Quilcene drop box — unit fees per item • MRW facility (small quantity business hazardous waste) — unit fees per item It also provides for a 2.5% annual fee increase, for five years; benchmarks for waste tonnage and fund minimum reserves (12% of capital value and 15% of annual operations cost) are used to monitor Enterprise Fund performance. 4. Fund minimum reserves are important: • The ability to pay costs during major service disruptions or disaster events • To undertake short term capital replacement work on aging facilities without requiring bonding 5. The fees proposed are sufficient to pay for: • A projected annual operations budget of $2.49 million with no increase in staffing and NO REDUCTION IN SERVICE (represents $133 per ton) Page 7 Commissioners Meeting Minutes of November 12, 2013 • Annual contribution toward replacing essential equipment, and refurbishing and improving existing facilities where they stand (represents $11 per ton) • This is a lean budget 6. The proposed fees have been reviewed by City and Port management and by the Jefferson County Solid Waste Advisory Committee (SWAC); the SWAC, which includes City and Port representatives, has sent a letter of support to the Commissioners. 7. Eight written public comments have been received to date; all are concerned with the fee increase (from $4.95 to $10) and the weight limit increase (from 80 to 140 lbs). The comments, delivered to the Board of Commissioners on November 12, 2013 can be summarized as follows: • The minimum fee increase is too high and will unfairly affect seniors, the poor, and those who recycle and /or generate small quantities of waste • The increased weight allowance is significantly more than these customers typically are able to collect and haul in a reasonable time frame Why do we charge a minimum fee? • To pay for costs not related to the amount of waste dumped, such as transaction costs and other related services including recycling and household hazardous waste • To encourage fewer vehicle trips, reducing congestion, and opening avenues for cost reduction in the longer term" Solid Waste Manager Talbot stated that currently they generate around 9.2% in revenue from the current minimum fee. The proposed fee would generate around 12% revenue. He noted that it is an increase, but not an excessive one. He handed out a document titled "Balance between minimum fee and per ton tip fee ". An excerpt from that document is below: Estimated cost shifting to maintain required total revenue (subject to review and detailed analysis) Current minimum weight transactions = 16,000 per year Current full fee tons disposed = 17,000 CASE MINIMUM FEE WEIGHT LIMIT - lbs PER ON TIP FEE A — Proposed $10 140 $144 B $8 110 $146 C — Current $5 80 $149 Chairman Austin opened the hearing for public testimony. Steve Oakford, Port Townsend: He was looking through the different categories and materials and the fees charged for disposal thereof. He saw fees for refrigerators and appliances, but did not see a category for electronics. People are getting rid of old television sets as they transition to newer televisions and electronics. Is this something that you are simply not going to deal with and you're leaving it for someone else to deal with? Or is there a provision for this? Chairman Austin stated Mr. Oakford's questions will be addressed after the Public Comment Period. Page 8 Commissioners Meeting Minutes of November 12, 2013 Sylvia Bowman, Port Townsend: She stated she is representing elderly people who bring trash to the Solid Waste facility. Currently, she and others load their garbage into their car trunks, less than 80 pounds approximately, every two weeks and pay $5 per load. The proposed rates would be doubled, which is a problem as they don't have trucks. She timed her last trip to the Solid Waste facility and it took her a total of six minutes. Ms. Bowman does not believe that is a great burden to the facility. She suggested if the fee was a straight eight cents per pound, it would mean that the one ton rate would be $160, which is higher than the proposed rate. It is not ruinous and could be passed on to the customers. It would mean that the customers who currently pay $5, their new fee would increase to $6.40, which she believes is a fair and affordable increase. She mentioned that the elderly are real people, not just numbers and she does not think they are a great burden. They bring their garbage in and then they're out. Tom Thiersch, Jefferson County: He stated he has previously mentioned to the Board his disagreeance with the proposed Solid Waste fee increase to $10 for reasons previously stated. He has read the correspondence stating the exact same reasons, they come in with one or two bags of trash in their trunk and they don't come near the current 80 pound minimum. One suggestion stated that a reasonable increase over time to $6 would be okay, as long as the weight was not increased to such a high level. Mr. Thiersch suggested reducing the minimum weight to 60 pounds and charging $6 for the first 60 pounds and then charging more in $20 increments. He believes one thing that would help improve faster trips is keeping the minimum fee at an even dollar amount, since that is 26% of traffic at the Solid Waste facility. He has noticed it takes a long time to make change, and reiterated it should be made an even dollar amount. Mr. Thiersch mentioned that a $6 amount would be just fine and 60 pound minimum would also be fine. He is willing to pay more for more weight as that is reasonable and understands that tonnage fees have to go up. Let's not hurt the poor people in the County, they really cannot afford it. If you did a sensitivity analysis as to what the actual traffic is going to be, rather than "seat of the pants" guesswork, but really do sonic analysis of this, you will find it will do a lot of harm by increasing this minimum fee to the proposed $10. It's not going to increase revenues as much as projected, and may even decrease revenue. It will discourage people from going to the dump as often as they need to. It is certainly going to encourage people to do illegal dumping, which is going to cause a public health problem by increasing the likelihood of disease factors: rats, raccoons and all kinds of other vermin who like to feast on your garbage. He believes this is an avoidable situation and with a minor increase in the tonnage fee this can all be accommodated with retaining a reasonable minimum fee. Hearing no further testimony, Chairman Austin closed the public hearing. Commissioner Johnson commented that he struggles with the proposed minimum fee and feels that it may not be proportionate to the other fee increases. Stuffing 140 pounds of garbage into the trunk of a car may not be easy to do. He anticipates more garbage being dumped along the streets if the fee were raised to $10. Commissioner Sullivan stated that storage of garbage until you have enough can be an issue for some people, especially if they are recycling, composting and do not have a garbage buddy system. He would like to see a more organized approach to the garbage buddy system, although for people who live in isolated areas, this could be a burden for them. Solid Waste Manager Talbot pointed out that in the City the cheapest curbside service for one can every other week is $10.15 a month and in the County it is $12.75 a month. Charging everyone by the pound, at some level becomes burdensome due to the amount Page 9 Commissioners Meeting Minutes of November 12, 2013 of work processing traffic and payment. He gave a comparison observation that if you sign up for curbside service, you probably do not generate as much garbage as you are paying for, but you are paying for the service regardless. Some jurisdictions provide a cheaper rate for commercial trucks to bring in waste. The County Solid Waste station charges the same for all users. Commissioner Sullivan asked if the minimum self - haulers are being subsidized? Solid Waste Manager Talbot replied they are not. Public Works Director Monte Reinders stated that the County is providing excellent service. Compared to other jurisdictions, they have a history of providing good service for small loads at a reasonable cost. There is upsides to that and some downsides to that. At some point the facility has to be able to accommodate all of those trips. County Administrator Philip Morley asked how much of a constraint for the tipping floor or the scale house where payments are made is the self -haul traffic and how close are we getting to requiring facility changes? Solid Waste Manager Talbot replied that due to the high volume of traffic on Saturdays, there may need to be some work done to the facilities that may limit hours of operation, or closing the facility for periods of time. Several years ago, there would be in upwards of 550 customers using the facility when tonnage was up. That was severely burdening the system, scale operation and tip floor. They are starting to see a rise in tonnage again. If one of the scales needs re- building or replacing, or if they are down to one scale, that would be extremely difficult to handle with the current level of traffic. County Administrator Morley asked if the basis for the minimum fee is mainly due to traffic? Solid Waste Manager Talbot replied yes, it is. Commissioner Sullivan asked if the facility is close to needing the equipment replaced? Solid Waste Manager Talbot replied that the scales were purchased in 1996. Public Works Director Reinders added that the scales read in 20 pound increments and the percentage of error goes down the heavier the load. Chairman Austin noted that if there were to be more cases of illegal dumping as the result of a higher minimum fee, the costs to pick up the garbage are high and the County would not be able to recover all of those costs. He asked how much prospective income would be lost if the minimum fee were to be $8 or $7? Solid Waste Manager Talbot stated that if there was a decreased proposed minimum amount charged, other fees would have to be balanced as they need a balanced budget. They would have to raise the fees somewhere else to make up the difference. For every dollar that you reduce in the minimum fee, you need to charge more for the TIP fee. What cannot be predicted is how people's habits will change. It would be hard to quantify at this point. County Administrator Morley mentioned that due to the tonnages of self - haulers they were seeing before the recession, they would have had to eventually increase the operating costs either through the addition of staff, or through capital changes to the facility and traffic flow. Replacing the scale facility with a design that would meet current standards, would take around 2/3 of the Capital Reserves, which is around $500,000 right now. Solid Waste Manager Talbot stated they currently would not be able to do this. The Solid Waste Advisory Committee (SWAC) reviewed this and supports the proposed fees. Chairman Austin mentioned that during the SWAC review, there was no public input. Page 10 Commissioners Meeting Minutes of November 12, 2013 County Administrator Morley suggested not delaying a decision on this issue for longer than a week as the rates for the County need to be approved by the Utilities Transportation Commission. For Murray's Disposal and Olympic Disposal it will be a pass through. If they were raising their own cost, it would require an extensive review. The City also needs a 60 day window of time to allow for DM Disposal to implement a new fee schedule. Commissioner Johnson expressed that a lot of this was perception and part of the issue was waiting many years before facing this issue. Commissioner Sullivan noted that the Solid Waste department has been doing what they can to keep the fees low and it is one of those things that is hard to compromise when you look at the numbers. Solid Waste Manager Talbot stated that at the end of the day, they still have to balance the budget. lie explained the reason that the current fee is not rounded up to the nearest dollar was due to a tax increase. Public Works Director Reinders stated setting the fee at a rounded dollar amount would be fine. Solid Waste Manager Talbot added that tax is included in the minimum fee amount. Public Works Director Reinders explained that the proposed minimum fee is $10 and includes tax. If a new minimum fee is proposed, staff will make sure it includes tax and that it will be at a fixed rate so that if the tax rate changes, the minimum fee does not change. Chairman Austin suggested giving an advisory to Public Works to come back in a week with a schedule that would show a minimum fee of $8 and how that would fit in terms of balancing out other revenues? Commissioner Johnson indicated that the County already has the highest tonnage in the area and reducing the minimum proposed fee would make the tonnage fee higher. As it is proposed, the minimum fee stays the minimum fee and the tonnage rate increases by 2.5% a year. Commissioner Johnson moved to approve the minimum fees as presented today. Commissioner Sullivan seconded the motion. County Administrator Philip Morley asked if the fee indexing of 2.5% applies to the minimum fee as well, or is that set currently in the proposed ordinance before the Commissioners? Public Works Director Reinders replied that it does apply. Commissioner Johnson amended his motion to adopt the proposed ordinance and that the 2.5% annual increase not apply to the minimum fee and that it stay at a fixed rate for four years. Public Works Director Reinders and Solid Waste Manager Talbot stated this would not be a problem. County Administrator Morley suggested the Board make a motion if the Board agrees to direct Public Works staff to bring back a revised ordinance reflecting that change for their final action next week. Chairman Austin asked if this was acceptable to Commissioner Sullivan who seconded the motion? Commissioner Sullivan replied that it was. Chairman Austin repeated that it was moved and seconded that the Board adopt the proposed ordinance with the amendment that the increase per year not be applied to the minimum fees. County Administrator Morley suggested that a revised ordinance be brought back that has been signed off by the Prosecutor that would be adopted next week, and that the motion today would be giving direction to staff to prepare that ordinance change. Commissioner Johnson and Commissioner Sullivan agreed to the suggestion. Chairman Austin called for a vote of the aforesaid motion which carried unanimously. Page 11 Commissioners Meeting Minutes of November 12, 2013 HEARING re: Proposed Ordinance Amending Jefferson County Code Establishing a County Enhanced 911 Excise Tax: JeffCom 911 Director Karl Hatton proposed an ordinance to amend Chapter 3.20 of the Jefferson County Code to extend an Excise Tax supporting Enhanced 911 emergency communications to include prepaid wireless telecommunications services. JeffCom Director Hatton stated that the proposed ordinance would not generate new taxes or revenues. As authorized by state law, the County presently has a $0.70 Excise Tax on telephones, cell phones and VOIP to support Enhanced 911 emergency communications provided by JeffCom. During the 2013 Legislative Session, the State Legislature passed and the Governor signed Second Engrossed Second Substitute House Bill 1971, which gives counties the authority to set an excise tax of up to $0.70 on prepaid wireless telecommunications services. By exercising this authority, the County would be evening the retail playing field for different telecommunication providers, and also providing additional revenue to support emergency communications service by JeffCom to the growing number of citizens using prepaid cell phone services. JeffCom Director Hatton explained that the 911 excise tax would be collected at the point of sale and sent to the State Department of Revenue (DOR) for disbursement to individual jurisdictions based on sales. Industry analysis shows that 33% of cell phones are prepaid. If the ordinance were not to pass, there could be a potential annual loss of around $60,000 to JeffCom's budget. The request is to change the wording of the ordinance to include prepaid phones and contain language for retailers to charge tax at the time of sale and forward it to the DOR. Chairman Austin opened the hearing for public comment period. Tom Thiersch, Jefferson County: He asked how tax is applied to refillable phones that are not on a plan and not just burners, how is the tax applied? Is it each time you refill it? Can you explain the mechanics of how and when this tax is collected? JeffCom Director Karl Hatton replied stating that legislature is working on this issue as they speak. If refillable minutes are purchased online, the 911 tax is currently being collected, but it is not benefitting individual counties. Currently, online retailers of refillable cell phone minutes are not forwarding the collection of the tax on to the state who would then forward to JeffCom. He added the legislature is trying to keep up with technology. Tom Thiersch asked when do the subscription phones pay the tax? JeffCom Director Karl Hatton replied that all subscription phones collect, pay and forward the 911 tax to counties. They are also working towards making it mandatory for all pre -paid phone services to do the same. Hearing no further testimony, Chairman Austin closed the public hearing. Commissioner Sullivan moved to adopt ORDINANCE NO. 05- 1112 -13 Establishing a County Enhanced 911 Excise Tax on the Sale of a Prepaid Wireless Telecommunication Service to an End User. Commissioner Johnson seconded the motion which carried by a unanimous vote. Page 12 Commissioners Meeting Minutes of November 12, 2013 The meeting was recessed at 11:59 a.m. and reconvened at 1:36 p.m. with all three Commissioners present. LETTER: Commissioner Johnson moved to send a condolence letter to the widow of local volunteer Bob Helander. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Etc AGREEMENT re: Training services for Public Works shop employees; Peninsula College: Commissioner Johnson moved to adopt an agreement between Peninsula College and Jefferson County for training services. Commissioner Sullivan seconded the motion which carried by a unanimous vote. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • Chairman Austin will be attending a Knotweed Conference in Port Townsend on December 11, 2013 • Commissioner Sullivan will be attending a Peninsula Regional Transportation Planning Organization (PRTPO) meeting in Shelton on November 15, 2013 • The Hood Canal Coordinating Council (HCCC) will be meeting on November 15, 2013 • Chairman Austin will be attending a Jefferson Transit Board meeting on November 19, 2013 • All three Commissioners will be attending the Washington State Association of Counties (WSAC) Conference in Vancouver, Washington November 19 -21, 2013. Commissioner Sullivan and Commissioner Johnson will be attending all three days. Chairman Austin will be attending November 20, 2013. Commissioner Johnson will be attending the Coastal Caucus and Timber Counties meeting • Chairman Austin will be attending a Cooperating Agencies Conference in Vancouver on November 22, 2013 • Commissioner Johnson will be attending the Northwest Straits Commission Conference in Bellingham on November 22 and 23, 2013 • Community Impact meeting will be on November 22, 2013 • The HCCC will be meeting on December 11, 2013 and January 15, 2014 Miscellaneous Issues: • HCCC and release of hold on 2013 grants • WSAC election • Barking Dog Ordinance • Parks: Parks and Hospital meeting; Parks and City meeting • Public Infrastructure Fund (PIF): Quincy Street; Building 202; Quilcene • JeffCom space license and tower agreements • Coyle Cell Tower Page 13 Commissioners Meeting Minutes of November 12, 2013 Kc • Scout Cabin • ER &R candidate • Budget 2014 and message • Charter. Genetically Modified Organisms (GMO) as a nuisance ordinance like San Juan; Charter meeting Saturday NOTICE OFADJOURNMENT. Commissioner Johnson moved to adjourn the meeting at 3:16 p=. until the next regular meeting or special meeting as properly noticed. Commissioner StaW.an%seeoV4�2the motion which carried by a unanimous vote. 4 . t Q ;pr' +Y •i'�� JEFFERSON COUNTY BOARD OMMISSIONERS 111 z. Jo A in,C r � 71 ATTEST: Phil od,4v�4o�' J Carolyn Avery Dav Deputy Clerk of the Board Page 14 P1 72 jeffbocc From: Joel Janetski Doel_janetski @byu.edu] Sent: Wednesday, October 23, 2013 5:01 PM To: jeffbocc Subject: waste fees E IS r Sir: Doubling the minimum trash fee is excessive. If the amount of trash has decreased, then it shouldn't cost as much to run the program. I suggest you examine ways to reduce costs internally and consider a more modest increase. The Waste Disposal facility provides an important service and, as a county resident, I am grateful for that service. I looked on the web site provided in The Leader and didn't see a draft ordinance on this increase. Thanks for the opportunity to comment. Joel Janetski Emeritus Professor of Anthropology Brigham Young University 432 Sunset Blvd Port Townsend, WA 98368 cell: 801.319.0542 Joel Janetski(o )byu.edu Jefferson County Commissioners PO Box 1220 Townsend, WA RE: Solid Waste Disposal Fee Increase Dear Commissioners, 1jN-,4 RECORD October 30, 2013 PO Box 340 Port Townsend, WA 98368 ! "T 1, ')r C J LL I urge you vote against the proposal to double the minimum solid waste disposal fee from $4.95 to $10.00. This specific increase has at least two negative policy implications in exchange for a small gain in revenue. First, this fee increase discourages residents from properly disposing of small waste amounts and encourages illegal dumping. Additionally, this fee increase penalizes residents who conscientiously recycle and thus have minimal household garbage. A more productive proposal may be to decrease the weight allowed under m fee. Such a proposal would continue to encourane the appropriate disposal of smaller amounts of waste as well as supporting household recycling. nnifer Stankus FARING jeffbocc . From: judithwalls @q.com Sent: Sunday, October 27, 2013 12:36 PM To: jeffbocc Subject: Garbage rate proposed changes; COMMENT Greetings, I am writing to object to your raising the MINIMUM rate from the (say) $5 as it is now. I am a senior, and can only handle one garbage can in my car (I have no truck so must make mini -runs) -- plus, I recycle most of my waste stream thereby minimizing my impact on the environment. Many other seniors I know follow this pattern and your proposed new minimum rates will penalize instead of reward this practice. We should be rewarded and not have to subsidize heavier dumps. Further, if you make the minimum punitive, the problem of dumping in the woods and side roads will prosper. I saw a young man dumping @ a public area gate last month. He was tossing garbage bags & kicking stuff out the back of his pickup truck for someone else to deal with. Best regards, Judith Walls Port Ludlow WA 98365 ph: 437 -2394 From: Michael Smith [msmithlodi @gmail.coml Sent: Sunday, October 27, 2013 4:57 PM To: jeffbocc Subject: Proposed increases in solid waste fees Jefferson County Board of Commissioners October 27, 2013 e EA, i ?' � M RE: Comments about proposed fee increases for depositing solid waste at the Transfer Station as described in the Leader of October 23, 1913 Dear Commissioners: I do not object to the increases in the base tonnage rate, especially considering that the rate has not been increased since 1993. I do, however, object to the proposed increase in the minimum drop -off fee from $4.95 to $10.00, even though the proposed increase would be coupled with increasing the amount of trash covered by the minimum from 80 to 140 pounds. I think this particular proposal is poorly thought out and unfair to single persons or couples who do not normally bring a large amount of trash at a time. My wife and I regularly take our accumulated trash to the Transfer Station. We often do not exceed the current 80 pound level, and thus pay the minimum. If we do exceed the minimum weight, it us never by very much, and we pay at most $1.00 or so over the $4.95 minimum. Further, I think it is unfeasible for people like us to accumulate enough garbage to justify paying the new $10.00 minimum. First, one would need to have enough cans, etc. to store that amount of trash. Second, the trash would begin to seriously smell before one accumulated the 140 pound amount. Third, one would almost need to have a truck or trailer to be able to haul that much garbage, thus unfairly penalizing people who do not want to or cannot afford to have such a vehicle. In conclusion, I would support increasing the base rate as proposed. As to the minimums, I think it would be fair and sensible to increase the minimum fee by the same percentage as the base rate is being increased, or 22 per cent, thus making the minimum about $6.00 including tax, and leave the amount of trash covered by the minimum at the sensible amount of 80 pounds. Thank you for your consideration. IF Michael W. Smith 131 E. Rhododendron Dr. Port Townsend, WA 98368 From: Elaine Nye [eenye @cablespeed.com] Sent: Monday, October 28, 2013 9:28 AM To: jeffbocc Subject: Trash price rise Dear Sir, Please read this! A lr,� S1 I read in the local paper about the proposed price rise at the transfer station. It seems to me that doubling the price is extreme and would cause customers to go elsewhere in other businesses. But in this case we don't have a choice (except to "lose" our black plastic bags at the end of a dark, rural road!). Commercial haulers can pass the rise to their customers, people with big trucks can maybe go to the dump less often with a larger load. But many rural folks like myself have a passenger car and save money by taking our 2 bags of trash to the dump in the back of the car, To raise the weight limit won't help us. We are way below even the present $4.95 limit. An extra $5 will actually be a financial burden for some people on fixed income. Maybe trash collection is a city service in Port Townsend, I don't know, but it is not in Port Hadlock or Port Ludlow. How about having a small price rise, say to $6, for less weight (60lbs). $10 for 120lbs then looks like a bargain! Sincerely yours E Elaine Nye Port Ludlow From: Tom Thiersch [thiersch - public @usregs.com] Sent: Wednesday, October 30, 2013 4:37 PM To: jeffbocc Cc: Philip Morley Subject: Proposed solid waste fee schedules - Nov. 12 2013 hearing Commissioners: This email is testimony for the public record of the hearing scheduled for November 12, 2013, regarding the proposed solid waste fee schedules 2014 -2019. I object to the proposed $10 minimum fee, which is more than double the current minimum fee, for the following reasons: • It will harm the poorest people in the county • It is highly regressive; those who can least afford it will be hurt the most • It is likely to threaten public health • There will be more dumping of trash, which will lead to an • Increase in disease vectors (rats, raccoons, etc.) • Raising the minimum fee will discourage customers and could well lead to a net decrease in revenue I recommend that you retain the existing $5 minimum fee and reduce the current 80 lb. allowance to 60 Ib. Tom Thiersch Jefferson County ASAVE PAPER - Please do not print this e-mail unless absolutely necessary. From: Roger Andersen [randers48 @g mail. coml Sent: Sunday, November 03, 2013 5:08 PM To: jeffbocc Subject: Solid Waste Fee Dear Commissioners, I returned from vacation to learn that you are considering raising the rates for disposing of trash at our transfer facility. I'd appreciate your considering my comments. I understand the need to increase revenue and that the minimum rate has not changed in some time. Nonetheless, doubling the rate seems extreme. My primary concern, however, is the move to increase the amount of garbage covered by the minimum fee from 80 pounds to 140 pounds. At first blush, this seems reasonable -- increase the price, but give users more. The effect, however, would be to increase the subsidy small contributors give to large operations. We regularly use the transfer station, and we seldom exceed the 80 pound level. We fill two 40 -gal cans and bring them to the facility. We have neither the room, nor the desire, to accumulate more garbage before making the trip. You'd be doubling our cost without adding any benefit, but the increased revenue would go to support the facility generally, thus benefiting larger haulers. Moreover, by increasing the weight covered by the minimum fee, you would be encouraging wasteful practices by small - volume individuals. With little risk of going over the new 140 pound limit, individuals would have less incentive to recycle items that they might as well just dump in the regular trash. You should be rewarding folks who don't generate much trash. Instead, I suggest you keep the first -level maximum at 80 pounds, but simply increase the charge, say to $7.50. If you scale increased charges from the 80 pound level (instead of 140), you should be able to generate more income. Thank you, Roger Andersen 251 Sunset Blvd PT Gordon James 3447 Oak Bay Road Port Had lock, WA 98339 360 437-0422 October 31, 2013 Re: Proposed rate increase for solid waste Commissioners Sullivan, Johnson and Austin: Prior to offering my comments on the proposed solid waste rate increases, let me first say that Richard Talbot has been most helpful in providing me with information and for his willingness to discuss the needs for an increase. I ask that you consider the following comments prior to adopting a rate increase program. First, I do believe that a rate increase is needed at this time. As a county resident who has hauled both garbage and yard waste to the transfer station for 18 years, I have exceeded the current minimum weight on less than 10% of my transactions. Mr. Talbot advised that the average weight for less than minimum transactions was 56 pounds. In fact, 28% of all transactions including commercial are less than minimum weight. Being a senior citizen in a county of largely seniors, I doubt that many of us will want or be able to handle loads of 140 pounds in order to take maximum advantage of a $10 minimum rate. In fact we would see our effective rates increase by 60 -75 %. I would recommend that you consider an interim rate classification and the following: 1. A minimum rate of $7.00 for 100 pound or less. 2. A rate of $10 for 100 -140 pounds. 3. Over 140 pounds as recommended by Mr.Talbot. 4. Payment should be by cash or credit cards. No checks - handling is too costly. While I do not have enough data to know if these rates would meet your revenue target, I feel that they should come very close. Minimum load transactions are off - loaded and transacted more quickly than larger Ioads.A rate increase from $4.95 to $7.00 is a 41% increase and an increase of 16.4% per pound for 28% of the transactions. The average weight for other individual transactions is 239 pounds and would be charged at the higher rates. I believe that these suggestions warrant your consideration. Sincerely, 4- (Gordon mes Cc: Richard Talbot