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HomeMy WebLinkAboutM022299JEFFERSON COUNTY BOARD OF COMMISSIONERS District No. I Commissioner: Daniel Harpole, Chairman District No. 2 Commissioner: Glen Huntingford, Member District No. 3 Commissioner: Richard Wojt, Member [THE PIEART OF TItE',, '~P'~l~lS~ll~' / /C'[YMPIC PENINSULA Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Lorna L. Delaney Gary A. Rowe David Goldsmith MINUTES Week of February 22, 1999 The meeting was called to order by Chairman Dan Harpole. Commissioner Glen Huntingford was present. Commissioner Richard Wojt was not present. Approval of Minutes: Commissioner Huntingford moved to approved the minutes of the week of February 1, 1999 as presented. Chairman Harpole seconded the motion which carried by a unanimous vote. David Goldsmith, Deputy Director of Public Services re: Discussion of Emergency Services Manager Position: Director of Public Services Gary Rowe suggested that the relationship between the Public Works Safety Officer and this position be reviewed. David Goldsmith stated that the person in this position is responsible for several programs that need to be reevaluated and the salary needs to be reviewed. Gary Rowe added that a portion of the salary for this position is paid through the County Road Fund. Since the Sheriff was not present, this discussion will be rescheduled PUBLIC SERVICES BRIEFING SESSION: Gary Rowe presented a listing of the Federally funded Salmon Recovery Projects in the Southwest Puget Sound ESU Sub-region. PUBLIC COMMENT PERIOD: The following comment was made: A reminder of the County's commitment to adopt final development regulations within six months of the adoption of the Comprehensive Plan. Page 1 Commissioners Meeting Minutes: Week of February 22, 1999 APPROVAL AND ADOPTION OF THE CONSENT A GENDA: Commissioner Huntingford moved to delete Items 3 and 8 and to adopt and approve the balance of the items as submitted. Chairman Harpole seconded the motion which carried. 1. RESOLUTION NO. 16-99 re: Naming of a Private Road Scenic View Lane; Kenneth & Geneva Edmonson, Donald Anton, Richard Rice, Eric & Blanche Hendrickson, Robert Jellison, Petitioners 2. RESOLUTION NO. 17-99 re: Temporary Closure of Traffic on Old Beaver Valley Road; County Road Number 503509, M.P. 0.70 3. DELETE Resolution Extending the Jefferson County Interim Emergency Controls Ordinance (EICO) for a Period of 6 Months per Chapter 36.70.790 and Chapter 36.70A.390 Revised Code of Washington (See item later in Minutes.) 4. AGREEMENT re: Employment as Deputy Sheriff in West End; Jefferson County Sheriff's Office; Teamsters Local #589; David Thomas 5. AGREEMENT, Amendment re: State AIDSNET Grant Funding for the Provision of HIV/AIDS Services; Jefferson County Health and Human Services; Southwest Washington Health District Grant Application for Fiscal Year 2000 Centennial Clean Water Funding; Implementation of Jefferson County Surface Water Management Plan, Phase 1; Jefferson County Public Works; Washington State Department of Ecology THREE (3) Grant Applications for Flood Control Assistance Account Program Funding; 1) Hoh River Log jam/Bioengineered Bank Stabilization; 2) Dosewallips River Comprehensive Flood Hazard Management Plan; and 3) Little Quilcene River Enhancement-Nylund Acquisition; Jefferson County Public Works; Washington State Department of Ecology DELETE Grant Application for Coastal Zone Management Funding; Shoreline Master Program Updates 1999-2000; Jefferson County Permit Center; Washington State Department of Ecology (See Item later in Minutes.) Application for Group Membership and Authorization for Release of Insurance Data; Retrospec- tive Rating; Washington State Department of Labor and Industries 10. Accept Recommendation to Reject Two (2) Claims for Damages, #C-1-99 and #C-2-99; Failure to Provide Information; Mike Belenski 11. Adopt Recommendations for Procedures Regarding Evaluation of the Developmental Disabilities Employment Program at the Jefferson County Recycling Center; Jefferson County Health and Human Services; Jefferson County Developmental Disabilities Advisory Board Out of State Travel Request; National Forest Counties Coalition Conference, Reno, NV; March 6-9, 1999; Jefferson County Commissioners, Glen Huntingford Application for Assistance from the Veterans Relief Fund; Jefferson County Service Officers Association for $453.74 o o ° 12. 13. Page 2 25 Commissioners Meeting Minutes: Week of February 22, 1999 COUNTY DEPARTMENT BRIEFINGS/BUSINESS COMMUNITY DEVELOPMENT Director's Update: Director of Community Development A1 Scalfreported on the following issues: Planning Commission Workplan: The timeline for review of the final draft development regulations for the Comprehensive Plan has been discussed with the Planning Commission. They estimate it will take 20 months. A1 Scalf advised that he had hoped this work could be done by August 28, 1999. Chairman Harpole noted that the Solid Waste Ordinance will be reviewed at the Health Board, and asked if there are any final regulations that don't have to be reviewed by the Planning Commission? A1 Scalf stated that all of the regulations must be reviewed by the Planning Commission. Senior Planner Barry Berezowski suggested that specific portions of the final regulations could be sent to the Planning Commission, reviewed, and sent back to become amendments to the EICO which would then evolve into the final development regulations. A1 Scalf reported that he has not discussed this option with the Planning Commission. The Planning Commission has already established work priorities. Commis- sioner Huntingford stated that he can understand that the volunteer Planning Commission Members don't want to have to put in large amounts of time to get this work done within the next few months. He suggested that the Board of Commissioners, since they are paid employees, do the work to review the final development regulations for zoning and subdivision and then the final document be sent to the Planning Commission for their review. Barry Berezowski stated that the Planning Commission could be working on the resource lands ordinance at that same time. The Planning Department will set up workshops with the Board on priority issues and bring back a schedule next week. Discussion with Local Builders: An informal discussion process with the Home Builders Association has been started. They meet every other Friday at 8:15 a.m. Salmon Symposium: He will be attending a "Salmon Symposium" next week in Clallam County. Accesso _ry Dwelling Units: (See also Minutes of December 14, 1998) This project is within the City water service area and is caught between the City and County regulations. The City Code requires two water taps for an ADU which the County regulations do not require. Chairman Harpole suggested that a meeting be scheduled between the Chair of the Board, the Community Development Director, and the Prosecuting Attorney and the Mayor and the City Attorney of Port Townsend. Mats Mats Quarry_ Project: A1 Scalf reported that he has reviewed the "co-lead" agency proposal from the DNR with the Prosecuting Attorney and their recommendation is that DNR be the lead agency for this project. Chairman Harpole asked that the County send a letter to the DNR clearly stating the reasons why the County feels the DNR should be the lead agency on this project. Hearing Examiner Appeal: There was a brief discussion about an appeal being made on a Hearing Examiner's decision regarding uses in designated recreational areas. Page 3 Commissioners Meeting Minutes: Week of February 22, 1999 Lakeside Industries, Inc. Asphalt Operation: The Board asked that A1 Scalf give them an update next week on the Lakeside Industries, Inc. asphalt batching operations at property located near the Cape George Wye. Grant Application for Coastal Zone Management Funding; Shoreline Master Program Updates 1999-2000; Jefferson County Permit Center; Washington State Department of Ecology: (See Item 8 on the Consent Agenda.) Associate Planner Lauren Mark reported on changes made to the CZM Grant application for amending the Shoreline Master Program. A1 Scalf stated that the $20,000 in matching funds is in the budget. Commissioner Huntingford moved to approve the grant application as submitted. Chairman Harpole seconded the motion which carried. Discussion re: Glen Baker Home Business off of SR19: The Planning Department will do an administrative review of this home business and report back to the Board. Discussion re: Chimacum School Permit Fees: This will be discussed next week after more follow up is done. Extending the Jefferson County Interim Emergency Controls Ordinance (EICO) for a Period of 6 Months per Chapter 36. 70. 790 and Chapter 36. 70A.390 Revised Code of Washington: (See Item 3 on the Consent Agenda) Commissioner Huntingford moved to approve RESOLUTION NO. 18-99 extending the Jefferson County Interim Emergency Controls Ordinance (EICO) for a period of 6 months. Chairman Harpole seconded the motion which carried. PUBLIC WORKS following: Director's Update: Interim Public Works Director Frank Gifford reported on the There were landslides over the weekend on Shine Road and Swansonville Road. The process for the draft telecommunications ordinances is on schedule. They will be sent to industry representatives for review and comment. A SEPA checklist is being submitted to the Director of Community Development on the draft ordinances this week; and one of the ordi- nances will be reviewed by the Planning Commission in March. The Tri Area/Glen Cove Study scoping notice ends on March 25, 1999. This project is currently on schedule. Chairman Harpole asked how the impact of the ESA listing for some species of salmon may impact any plans for a possible sewage treatment facility in the Tri Area? Bruce Laurie reported that this is being researched. Page 4 25 Commissioners Meeting Minutes: Week of February 22, 1999 Compensation Schedule Portion of the Teamsters Union Labor Agreement for Information Services: Commissioner Huntingford moved to approve the Compensation Schedule for Information Services as presented by the Deputy Director of Public Services. Chairman Harpole seconded the motion which carried. HEARING re: Community Development Block Grant (CDBG); Acquisition of Real Property to Support Low Cost Housing; Jefferson County Housing Authority: Martin Rowe, Jefferson County Housing Authority, reported that this Block Grant application is for a project to purchase existing low income housing. The funding would be used to purchase and renovate the Hadlock Apartments. The Housing Authority's plan is to use $506,000 in CDBG grant funds plus another $600,000 from Housing Trust Funds available from the State. He explained that the purpose of this hearing is to advise the public of the availability of the grant, the uses for the funding, to take input on community development and housing needs and to discuss specific projects. He added that the funding would come through the County and the Housing Authority would be the sub-recipient. Chairman Harpole opened the public hearing. Rejane Mintz, 270 Snagstead Way, Port Townsend, read a statement from her husband Alex Mintz, Housing Authority Member, into the record. (See microfilmed document.) Mark Gordon, 1162 Rhody Drive, Port Hadlock, Chair of the Housing Authority, explained that they thought long and hard about what would be their first project as a "stand alone" agency. They feel that this project can help set standards for low income housing. Julia Cochrane, Port Townsend, Vice-Chair of the Housing Authority, feels that the basic structure of the Hadlock Apartments is very livable. She asked that the Commissioners support the Housing Authority's efforts to improve these apartments and maintain them for low income families. Bill Riley, Community Action Council, encouraged the Commissioners to go forward with this project because there is a critical need to preserve affordable housing in the County. Hearing no further public comments, Chairman Harpole closed the public hearing. Chairman Harpole asked about the timeframe for notification about the CDBG Grant funding? Martin Rowe reported that they will know in April if they have received the funding. If they are awarded the funding, they will apply to the Housing Trust Fund in April and be notified in June. Chairman Harpole asked if the sales agreement to buy the Hadlock Apartments acknowledges these dates? Martin Rowe replied that it does. Page 5 25 ;7256 Commissioners Meeting Minutes: Week of February 22, 1999 Commissioner Huntingford moved to approve RESOLUTION NO. 19-99 in support of a Community Development Block Grant (CDBG) Application for the acquisition of real property to support low cost housing by the Jefferson County Housing Authority and to have the Chair sign the grant application. Chairman Harpole seconded the motion which carried. Commissioner Huntingford moved to approve RESOLUTION NO. 20-99 adopting a Grievance Procedure Policy as a requirement of the State CDBG Program. Chairman Harpole seconded the motion which carried. Commissioner Huntingford moved to approve and have the Chair sign the letter of submittal. Chairman Harpole seconded the motion which carried. Mark Beaufait re: Broders/Jackowski: Mark Beaufait, Attorney representing Wanda Jackowski and the Broders Family, advised that he is here to discuss the County Hearing Examiner procedures. He had two items docketed for the Hearing Examiner's hearing last week and they were pulled from the docket by A1 Scalf. He reviewed the applicable County Ordinances. The Jackowski case deals with a recorded survey. He feels this would be a Type A decision under the County's Land Use Procedures Ordinance. The Broders Family case deals with a Type B decision on a mobile home park. If these are not considered Type A or B decisions, they should fall under a Type D decision. If these cases are not considered a Type A, B, or D decision, then he feels they fall under the Appeal Procedures (Chapter 18.100.) After the appeal is filed (which was done on both of these cases), then the Hearing Examiner decides if the appeal applications should be heard. He feels that the decision made by A1 Scalf should have been made by the Hearing Examiner. Mark Beaufait noted it is County policy that an appeal is sent to the Hearing Examiner because the Hearing Examiner is a type of administrative law judge who knows legal procedures, can look at the applicable statutes, and can make a reasonable decision of what is consistent. He agrees with this policy. He reviewed each case separately: Jackowski -- In 1974, a short plat survey was filed. Mark Beaufait stated that at that time, a survey was the only requirement for creating a short plat. In 1998, the Jackowskis requested that separate parcel numbers be created for the lots on the recorded survey. They submitted an application, which was denied by the Administrative Official. An appeal before the Hearing Examiner was scheduled. Before the scheduled hearing, they received a letter from the A1 Scalf that an error was made in categorizing the land use application and the correct procedure did not allow appeal before the Hearing Examiner. Broders -- This is a SEPA issue. One of the conditions for approval of this mobile home park was that the Chimacum School District requested a mitigation fee of approximately $19,000. The Broders said they would pay the fee under protest. During that same time, the State Court of Appeals heard two cases on mitigation fees and found that these fees could only be assessed when specific written policies were in place. Before the Broders received final approval on their Page 6 25 Commissioners Meeting Minutes: Week of February 22, 1999 project, they sent an appeal letter regarding the mitigation fee. An appeal before the Hearing Examiner was scheduled. Before the hearing date, A1 Scalf sent the Broders a letter that the appeal had been docketed in error. He reiterated that he feels the Hearing Examiner should determine whether these two cases are within his jurisdiction. He asked that the Board establish a policy that if an Administrative Decision is appealed and the fees are paid, the case should be docketed for the Hearing Examiner to make the decision whether it is within his jurisdiction. He asked that the Board reverse the two letters from the Director of Community Development advising that these two items were taken off the Hearing Examiner's docket. He added that the only option for his clients at this point is to file cases in Superior Court. Chairman Harpole asked if Mr. Beaufait discussed these issues with the Prosecuting Attorney's Office? Mr. Beaufait explained that he spoke to Deputy Prosecuting Attorney Shirley Waters who stated that no land use applications were submitted for these cases, therefore they would not be addressed by land use appeal procedures. She emphasized the fact that it is the Planning Department's responsibility to make the decision about what cases go on the Hearing Examiner's docket. A1 Scalf explained that he talked with the Hearing Examiner when these appeals were submitted; and the Hearing Examiner recommended having a record of dismissal which could be done by docketing the cases on his agenda. The Planning Department agreed to put them on the agenda for the purpose of arguing the merits of dismissal. At the hearing, the Hearing Examiner could then make a decision about dismissal or choose to hear the appeal. In December, the Hearing Examiner asked A1 Scalf to seek a second opinion on how to handle the appeals, and A1 Scalf requested a legal opinion from the Prosecut- ing Attorney. As in her recent conversation with Mark Beaufait, Shirley Waters stated that the two cases in question were not land use applications. At that point the notification of removal letters were sent. A1 Scalf added that the appeal procedures cited by Mr. Beaufait have been superceded by the County Procedural Reform Ordinance. Commissioner Huntingford suggested that the Board review this further with the Prosecuting Attorney before making a decision. He is concerned about these cases being scheduled on the Hearing Examin- ers's docket and then being removed. The Board agreed to meet with the Prosecuting Attorney on Tuesday at 8:30 a.m. Mark Beaufait stated that he feels the issues that the Board and Prosecuting Attorney need to address are: 1) if the letters of appeal are considered applications and, 2) if the new County Procedural Reform Ordinance supercedes the appeal procedures. In his opinion, the new ordinance only supercedes if there is a conflict, and he does not feel there is a conflict. Page 7 Commissioners Meeting Minutes: Week of February 22, 1999 The meeting was recessed at the end of the scheduled business and reconvened the following day will all three Board members present for the following: An Executive Session from 8:00 - 8:30 a.m. with the Prosecuting Attorney and the Director of Community Development regarding potential litigation; an Executive Session from 9:00-10:30 a.m. with Deputy Director of Public Services and Interim Director of Public Works regarding personnel; and an Executive Session from 5:00-6:00 p.m. with the Director of Health and Human Services regarding personnel. MEETING ADJOURNED ATTEST: Lorna Delaney, CMC Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Page 8 vo,. 25