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HomeMy WebLinkAboutM092401Distrid No. 1 Commissioner: Dan Tilterness County Administrator: Charles Saddler Distrid No. 2 Commissioner: Glen Huntingford Deputy County Administrator: David Goldsmith Distrid No. 3 Commissioner: Richard Wojt Deputy County Administrator: Gary Rowe Clerk of the Board: Lorna Delaney MINUTES Week of September 24, 2001 The Chairman called the meeting to order at the appointed time. Commissioner Richard Wojt and Commissioner Dan Titterness were both present. CO UNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Charles Saddler advised that a NIMDA virus shut down the County computer system for 2 days. Information Services staff is trying to find out how the virus came into the County. There was notice of the virus and precautions were taken for the e-mail system, but the virus came in through an "html" document. No data was lost, but the virus hit the system hard. There will be policy changes to deal with computer viruses and how to handle recovery. The current emphasis is to determine how the virus entered the County system and to make sure our policies are updated to deal with this type of event in the future. Commissioner Wojt asked about the procedures in the Blue Book for establishing sub-area planning committees. People interested in being on the committee can respond to a newspaper advertisement or attend the first meeting and ask to be put on committee. Commissioner Titterness said that the Blue Book indicates that people who attend the first meeting need to be able to make a commitment to be part of the committee. Discussion continued about the rules in the Blue Book and how the first meeting will be handled. Commissioner Titterness advised that the Board needs to give the Planning Commission clear direction regarding their review of the Brinnon Sub-Area Plan. He feels the Planning Commission needs to review the plan and make suggestions for language changes or ask for more information, but that they should not remand anything back to the Sub-Area Planning Group. Tom McNerny, Chair of the Planning Commission, advised that they have 3 meetings scheduled to review the Brinnon Sub-Area Plan. The Planning Commission will send recommendations back to the Sub-Area Planning Group only at the Board's request. Discussion ensued about the e-mail communication between Planning Commission members and if this type of correspondence is part of the public record. Page 1 Commissioners Meeting Minutes: Week of September 24, 2001 PUBLIC COMMENT PERIOD: The only comments made were regarding Planning Commission hearings and how to handle questions from the public or the Planning Commission members in that format. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to adopt and approve all of the items on the Consent Agenda as presented. Commissioner Titterness seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 79-01 re: Adopting the Cost Allocation Plan for Fiscal Years 2001 and 2002 2. RESOLUTION NO. 80-01 re: Notice of Intention to Sell Surplus County Property 3. AGREEMENT 01-02 re: School Nurse Corps Programs in Jefferson County Public Schools; Jefferson County Health and Human Services; Olympic Educational Services District #114 (OESD) 4. CALL FOR BIDS re: South Discovery Road/R.R. Bridge Overcrossing Replacement, CS1176; Bids Accepted until 10:00 a.m., Monday, October 22, 2001 and opened and read publicly shortly thereafter in the County Commissioners' Chambers 5. QUIT CLAIM DEED re: Right-of-Way Acquisition for Larry Scott Trail; Vacated Lillian Street; Jefferson County Public Works; Sharon McKenzie 6. Request for Waiver of County Transfer Station Tipping Fee for Volunteers Participating in an Organized Clean-up of a Specific Site in Dabob Bay, October 20 or 21,2001; Washington State Department of Natural Resources 7. Appoint Person to Serve a Three (3) Year Term on the Substance Abuse Services Advisory Board; Term Expire 9/24/04; Jerome Schnell HEARING re: Proposed Ordinance Repealing and Replacing the Jefferson County Road Vacation Ordinances No. 07-0809-99, No. 01-0102-96, and No. 06-0615-92: Will Butterfield, Public Works, advised that a workshop was conducted on September 4, 2001 with the Board, the Department of Community Development, Public Works, and the Prosecuting Attorney to evaluate the Class C right-of-way vacation process. Following the workshop, the Board directed that this hearing be advertised. The proposed ordinance includes the elimination of a vacation process for Class C rights-of-way and the clarification of compensation for Class A and B right-of-way vacations. The Public Works Department is recommending the elimination of the Class C right-of-way vacation process and, for the Class A and B vacations, that the petitioner, at their own expense, obtain an objective fair market appraisal of the land they want vacated. Will Butterfield explained that Class C rights-of-way occur in plats that were approved before 1904 when the right-of-way was not opened for use within 5 years of plat approval. The public right to use these rights-of- way was extinguished by law. This ordinance will eliminate any County process for vacation of Class C rights-of-way. David Alvarez, Deputy Prosecuting Attorney, reiterated that this ordinance only pertains to the County's rights regarding Class C rights-of-way. Individual rights are not affected by this change in the ordinance. Guy Rudolph pointed out that there are several plats in the Tri Area approved before 1904. He asked what Page 2 Commissioners Meeting Minutes: Week of September 24, 2001 will happen to these roads if the ordinance is passed? Chairman Huntingford answered that, in the current process, the County endeavored to bring property owners together to discuss the issues. The law says that the County has no interest in these rights-of-way if they were not opened in the specified time frame. Individuals have easement rights, but the County doesn't. David Alvarez advised that the landowners in these plats have the right to ingress and egress to their property, but the County doesn't have any right to open a public road in the plat. Private easements are still applicable, as well as established private roads. Gordon Papritz asked if anyone can close a road? David Alvarez advised that this statute has been in effect since 1889. The conversation turned to the roads in Glen Cove. Commissioner Titterness explained that the developer, in the case of Fredericks Street, developed the road right-of-way to a certain standard and then the County took over. Commissioner Wojt added that the plat still exists and there are private roads in the plat. Kala Point is the same type of plat. County Administrator Charles Saddler explained how the situation is the same for these old plats. David Alvarez advised that the process the County had for "statutory vacations" (Class C rights-of-way) has led to litigation. People had the misconception that, when they went through the statutory vacation process, they had clear title to the right-of-way adjacent to their property, which is not the case. Commissioner Titterness pointed out that the intent of this ordinance amendment is to clarify the legislation and make it more accurately represent what has really happened. Charles Saddler added that in the past the County went on record (made a public declaration) by the Class C process which said that the County has no interest in a particular section of right-of-way. There are other processes to make a private road into a public road. The Chairman opened the public hearing. Russell Trask, said there is a problem with this type of vacation in the Glen Cove area and asked what process is available to get the County involved in taking control of one of the roads? Julian Street is partially paved and he can't find when it was paved, who paved it, and why it was never paved the length of the entire road. Will Butterfield explained that property owners can petition the County to make a private road into a County road. The petitioner is required to provide the deeds to the right-of-way and the roadway needs to be built to County road standards. At that point it can be turned over to the County to maintain. Page 3 Commissioners Meeting Minutes: Week of September 24, 2001 Russell Trask asked why the petitioner has to be the person to obtain easements from adjacent property owners and pay to bring the road up to County standards? There are already water and power easements on Julian Street, but no one wants to develop them until it is a County road. Circumstances have changed in the County over the past 100 years because of the pattern of development and a law from 1889 doesn't make sense any longer. Commissioner Wojt noted that in Kala Point or Port Ludlow, there are several plats with private roads. The owner of the subdivision has the right to decide if those roads will be private when a plat is developed. If the owner wants a road to be a County road, there is a process for giving the road to the County. Bud Hay, Glen Cove, asked why the deeds don't show that the property owner owns the right-of-way if it was never opened and it reverted back to them? It seems that by default the County would own the roads. Dave Kleman, asked how people will be kept from building in the rights-of-way if the County has no control over them? A permit is required to build a road on private property, but if a property owner wants to build a road on a statutorily vacated right-of-way, a permit isn't required. Commissioner Wojt reiterated that these right-of-ways exist as private roads in a private plat. The property owners in the plat have a right to use the road. The County has no rights involving the road. Dave Kleman asked if these statutorily vacated rights-of-way can be monitored so that they will meet some kind of road standards if they are developed in the future? He asked why another ordinance is being proposed when the County hasn't had any interest or rights regarding these rights-of-way for many years? David Alvarez answered that the ordinance is to clarify that the County has no interest in statutorily vacated rights-of-way. Commissioner Titterness stated that a statutorily vacated right-of-way is a private road just like a driveway except there may be more than one owner. Dave Kleman noted that a property owners needs to get a permit to build a driveway. Bud Hay, asked if property owners adjacent to statutorily vacated rights-of-way pay taxes on undeveloped roads? Charles Saddler explained that property owners in a plat don't own the rights-of-way. The right of way is shown on the plat. The Assessor's Office has advised that lots and statutorily vacated rights-of-way are identified on plat maps. Commissioner Titterness said that the value of a lot includes the rights-of-way even though it is not part of the legal description. The right-of-way belongs to the plat. Richard Coulter, explained that there is a right-of-way he would like vacated on his property, can he still do it? Chairman Huntingford explained that this ordinance amendment only changes the "statutory vacation" (Class C) process in the previous ordinance and the vacation process for Class A and B road vacations are still allowed. Michael Regan, asked if this ordinance will affect the Class A and B road vacation process? Will Butterfield replied that the Class A and B road vacation processes are not affected. David Alvarez added that the only plats affected were platted before 1904. Page 4 Commissioners Meeting Minutes: Week of September 24, 2001 Bud Hay, repeated his question for Assessor Jack Westerman who also attended this hearing. If the statutory rights-of-way are not removed from a plat, and adjoining property owners are not paying taxes on those rights-of-way, wouldn't the County be the property owner? Jack Westerman, Assessor, explained that the sale of a lot establishes its value. The lot is sold as is and if the right-of-way is developed, it is reflected in the value of the lot. The plat survey map indicates that the streets and alleys are dedicated to the public and taxes are not paid on them. In some cases, legal descriptions were changed for properties adjacent to statutorily vacated rights-of-way and the value was added to the adjacent lot. The title companies may not have picked up the statutory vacations in their reports. Jack Westerman added that it isn't that the County wants to do this, the Legislature and the Courts have said these rights-of- way are automatically vacated. David Alvarez stated that the fact that the "public" right is extinguished doesn't mean that the private owners don't have an easement. The County has no right to give the property to anyone. Dave Kleman, asked the difference between a Class A, B, and C vacation. David Alvarez stated that a Class A vacation has been improved, the Class B vacation hasn't been improved, and a Class C vacation only applies in older plats before 1904. He asked what he has to do to vacate a statutorily vacated right-of-way? Will Butterfield explained that if this ordinance goes forward the County wouldn't have any say about the right-of-way. The property owner can go for a quiet title through Superior Court, which is an involved process, but is much more certain because an Order from a Superior Court Judge confirming quiet title would be good "against the world." The Chair closed the hearing. Commissioner Titterness moved to adopt ORDINANCE NO. 05-0924-01 repealing and replacing the Jefferson County Road Vacation Ordinances No. 07-0809-99, No. 01-0102-96, and No. 06-0615-92. Commissioner Wojt seconded the motion which carried by a unanimous vote. The Board interviewed Karen Sickel who is interested in serving on the Jefferson County Noxious Weed Control Board Representing District #5 from 11:00-11:14 a.m. Appointment to Jefferson County Noxious Weed Control Board: Commissioner Titterness moved to appoint Karen Sickel to the Jefferson County Noxious Weed Control Board to represent Weed Board District No. 5. Her term will expire on September 24, 2005. Commissioner Wojt seconded the motion which carried by a unanimous vote. Page 5 Commissioners Meeting Minutes: Week of September 24, 2001 DISCUSSION re: Selection of the Tri Area Planning Group: Associate Planner Randy Kline explained that the deadline for applications was September 14. Fifteen applications were received before the deadline and 5 more came in after the 14th. Three of the people who submitted late letters had spoken to staff or the Commissioners about their interest in the committee before the deadline. Staff plans to schedule a meeting on October 2 to brief the applicants about the time commitment for the group. Staff can accommodate 20 people on the committee, if necessary. Commissioner Wojt stated that the Blue Book indicates that people who attend the first meeting and show an interest in being on the committee can also be considered. Randy Kline suggested that if that happens and there are too many people, the people at the meeting will need to make a recommendation to the Board on what to do. Commissioner Titterness expressed concern about the Blue Book specifying a maximum of 15 members. His feelings are that the appointment of the members will have to be worked out the first meeting. Chairman Huntingford, as the 2nd District Commissioner, will open the meeting to begin the process, but it is ultimately up to the people in attendance to determine the membership of the committee. Chairman Huntingford added that he wants to see a wide variety of representatives (residents, business owners, people with children in school) on the committee. The Board agreed that 15 members is sufficient for a good working group. They stressed the importance of an open process with other people being able to participate. A1 Scalf stated that Mark Personius is the consultant and Randy Kline is the lead planner on the project. Other staff will help as needed. Randy Kline explained that at the meeting on October 2, he has 3 goals in mind: · To bring the participants up to speed on what has occurred and the expectations of the committee. · To establish some ground rules on how the meeting will be governed. · To come away with a list of 15 members. Tom McNerny, Brinnon Sub-Area Planning Group, suggested that a professional or staff member needs to be at the meetings to take minutes. Taping the meetings is also helpful. The Board agreed that the meetings be taped and summary minutes be done. HEARING re: Amending Traffic Ordinance No. 11-1214-98 Regulating Speed Limits: Scott Kilmer, Public Works, reported that all 3 of these speed limit changes are proposed to raise speed limits at the request of the public: 1) Thorndyke Road up to Bridgehaven Community; 2) Teal Lake Road from the Port Ludlow Development to the development on south end of the road and; 3) Summerville Road, a small local access road, to make it 25 mph which is the same speed as other roads in the area. Page 6 Commissioners Meeting Minutes: Week of September 24, 2001 The 85th percentile speed is one of the criteria reviewed to determine if the speed limit change is warranted. 1) Thorndyke Road - the 85th percentile is 49 mph and the recommendation is to raise the speed limit to 40 mph from the currently posted speed of 30 mph. 2) Teal Lake Road - the current speed is 25 mph, with the 85th percentile speed of 36.4 mph. The current roadway width of 25 feet meets the criteria for 35 mph. There are two curves on this road that would require warning signs. The Public Works Department recommends increasing the speed to 35 mph and installing warning signs. 3) Summerville Road - the 85th percentile is 26 mph. One curve needs a warning sign and the recommendation is to increase the speed limit from 20 mph to 25 mph for entire length. The Sheriff's Office has reviewed the suggested changes and indicated they are fine. No other comments were received. The Chair opened the public hearing. Hearing no comments for or against the proposed ordinance amendment, Commissioner Titterness moved to approve ORDINANCE NO. 06-0924-01 amending Traffic Ordinance No. 11-1214-98 regulating speed limits. Commissioner Wojt seconded the motion which carried by a unanimous vote. Central Services re: Financial Condition Report and Budget Forecast: Deputy County Administrator Gary Rowe, reviewed a report on the financial condition of the County based on criteria issued by the ICMA {,International City/County Management Association.) Approximately 30 indicators were used to assess the overall health of the County. The County is in fairly good financial condition and doesn't have a lot of debt. He then reviewed a revenue and expenditure forecast. The meeting was recessed at the end of the scheduled business and reconvened each day for the preliminary budget meetings per the attached scheduled. All three Board members were present for these meetings. MEETING ADJJ3~'~RN~X)[~~. ~';b'- "x,~-'-. JEFFERSON COUNTY oma Delaney, CMC Clerk of the Bored Page 7 PRELIMINARY BUDGET ROUNDTABLES SEPTEMBER 2001 Various Locations REVISED: SEPTEMBER 24, 2001 Tuesday: September 25, 2001 (First Floor Conference Room) 2:00 p.m. Treasurer (45 min.) 3:00 p.m. District Court (Y2 hr.) 3:30 p,m, Juvenile & Family Court Services Juvenile Detention 4:00 p.m. Weed Control Board (At WSU) (1 hr.) Wednesday: September 26, 2001 9:00 a.m. Cooperative Extension (At WSU)(1 Y2 Hfs) 10:45 a.m. Sheriff (At Sheriff's Office) 1:00 p.m. (At DCD) (2 hrs.) Community Development Administration Permit Coordination Development/Review Building Division Long Range Planning Planning Commission 3:15 p.m. (BOCC Chambers) Co. Administrator/Commissioners Veterans Relief Operating Transfers Non-Departmental Board of Equalization Civil Service Commission 3:45 p.m. Assessor 4:00 p.m. Clerk (1 hr.) Superior Court Law Library Thursday: September 27, 2001 9:00 a.m. Health & Human Services (At Health Dept,) Substance Abuse (3 hrs.) Developmental Disabilities Friday: 8:30 a.m. (BOCC Chambers) (4 Hrs.) September 28, 2001 Public Works Cnty Pks. Improvement Fund Parks & Recreation H.J. Carroll Park Brinnon and Quilcene Flood Control Flood/Stormwater Special Projects County Roads Solid Waste 2:00 p.m. Community Services (1 hr.) Public Safety 3:00 p.m. Auditor Auditor's O & M Elections 3:15 a.m. Animal Services (At Health Dept.) Monday: 11:30 a.m. (BOCC Chambers) October 1, 2001 Prosecuting Attorney Coroner Crime Victims Services Drug Fund 1:30 p.m. (3 ¥2 hrs.) (bOCC Chambers) Central Services Equipment Rental Information Services IDMS Facilities Management County Building Construction and Renovation Capital Improvement Brinnon Facility Distressed Co. Public Facilities Conservation Futures * Shows Department time confirmed October 3, 2001