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HomeMy WebLinkAboutM042699JEFFERSON 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 Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Lorna L. Delaney Gary A. Rowe David Goldsmith MINUTES Week of April 26, 1999 The meeting was called to order by Commissioner Huntingford, in the absence of Chairman Harpole. Commissioner Richard Wojt was present. Letter of support for Jefferson County Housing Authority re: Section 8 Housing Program: Commissioner Wojt moved to approve and sign a letter to the Housing Authority in support of a grant application with the State Department of Urban Housing and Development regarding the Welfare-to-Work Section 8 Tenant Based Rental Assistance program. Commissioner Huntingford seconded the motion which carried. Application for Assistance from the Veterans Relief Fund: Commissioner Wojt moved to approve an application for Veterans Relief Funds from the Service Officers Association in the amount of $462.76 as submitted. Commissioner Huntingford seconded the motion which carried. APPROVAL OFMINUTES: Commissioner Wojt moved to approve the minutes as presented for the week of April 5, and 12, 1999. Commissioner Huntingford seconded the motion which carried. PUBLIC SERVICES BRIEFING SESSION: David Goldsmith reported that Costco Wholesale Warehouse is now allowing public employees to become members, and they have asked if they can distribute a notice in the employees pay envelopes. The Board directed that they do not want to use the employees pay envelopes for this type of solicitation. David Goldsmith advised that he will provide a copy of the notice to each Department which can be distributed to their employees. Page 1 Commissioners Meeting Minutes: Week of April 26, 1999 PUBLIC COMMENT PERIOD: The following comments were made: Concerns about the location of the entrance to 35th Street Park and cutting trees on the site in order to include all of the elements the County has requested; a report that residents of the Cape George area have submitted a petition to the Prosecuting Attorney asking that the asphalt batch plant be closed and that they would like to see their permit fees and taxes used to defray the transportation costs of bringing asphalt into the County from another source; the Prosecuting Attorney's letter to the petitioners asking for information on impacts to their property because of the batch plant; and the cost of transporting asphalt from a permitted batch plant to the County vs. a class action lawsuit from the residents of the area if this plant is not closed. APPROVAL AND ADOPTION OF THE CONSENT A GENDA : Commissioner Wojt moved to delete Items 4, 6, and 10 and to adopt and approve the balance of the items as submitted. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 2. 3. 4. o o 9. 10. RESOLUTION NO. 34-99 re: Changing the Name of a Private Road from Eaglecrest Way to View Ridge Drive; Thomas & Irma Colvin, Petitioners RESOLUTION NO. 35-99 re: Naming a Private Road Wampum Point Road; Gary & Marl Phillips, Petitioners RESOLUTION NO. 36-99 re: Creating a County Project Designated as CR1384; Improvements to Leland Valley Road West DELETE Agreement #EM999414 re: Hazard Mitigation Grant Project Funds; Big Quilcene River Property Acquisition; Jefferson County Public Works; Washington State Military Department, Emergency Management Division (See item later in Minutes.) CONTRACT re: Planning Consultant Services to Assist with the Amendments to the Shoreline Master Program; Jefferson County Planning Department/Community Development; Eric R. Toews & Associates DELETE Deeds, Three (3) re: Right To use Land for Public Recreation Purposes; Development of the Larry Scott Memorial Park; Washington State through the Interagency Committee for Outdoor Recreation HEARING NOTICE re: Extending Temporary Use Ordinance No. 08-1123-98 which amends the Jefferson County Zoning Code and the Land Use Applications Procedures Ordinance; Hearing Scheduled for Monday, May 17,1999 at 10:05 a.m. in the Commissioners Chambers Appoint Representative for the City of Port Townsend to Serve on the Jefferson County Solid Waste Advisory Committee; Sydney Lipton Reappoint Alternate Representative for the City of Port Townsend to Serve on the Jefferson County Solid Waste Advisory Committee; John Merchant DELETE Letter Regarding Timber Sale Receipts from National Forests; Senator Slade Gorton, Senator Patty Murray, and Representative Norm Dicks (See Item later in Minutes) Page 'VOL Commissioners Meeting Minutes: Week of April 26, 1999 COUNTY DEPARTMENT BRIEFINGS/BUSINESS PUBLIC WORKS Bid Opening re: Supply of Asphalt Concrete for 1999 Maintenance Projects on Various County Roadways: Aubrey Palmer, Operations Manager, opened and read the bid received as follows: Bidders: Lakeside Industries, Port Angeles Class B material in East Jefferson County Class B material in West Jefferson County MC250 cold mix - East Jefferson County MC250 cold mix - West Jefferson County Point of delivery for East Jefferson County to the Cape George Plant Point of delivery for West Jefferson County to the Port Angeles Plant Bid Amount: $156,000.00 46,500.00 7,500.00 3,000.00 Total $213,000.00 Engineer's Estimate $252,687.50 Commissioner Wojt moved to have the Public Works Department check the bid for accuracy and make a recommendation for bid award that is to the best advantage of the County. Commissioner Huntingford seconded the motion which carried. Director's Update: Interim Public Works Director Frank Gifford reported on the following: · The tipping fees for the total amount of garbage collected from the Earth Day pickup this year were $1,148.00. The DNR brought in about $1,550.00 from their properties. The City has indicated an interest in participating in the cost of this clean up effort next year. · The basic stabilization of Lindsay Hill Road has been completed. · A letter has been drafted to Millenium Cable Company requesting a meeting. · There is a meeting this week with the Ludlow Maintenance Commission regarding storm water issues. · Commissioner Huntingford asked if the contract with Anne Sears is still necessary since the two financial positions in the Department have been filled? Frank Gifford reported that she is providing training and support for these positions and she is working fewer hours. · The Department has received a copy of the letter regarding logging on Hazel Point Road. These forest practices are the responsibility of the State Department of Natural Resources. · Commissioner Huntingford asked for time to meet with Frank Gifford and Gary Rowe regarding the Highway 104 Visitor Center project. Page 3 25 Commissioners Meeting Minutes: Week of April 26, 1999 AGREEMENT #EM999414 re: Hazard Mitigation Grant Project Funds; Big Quilcene River Property Acquisition; Jefferson County Public Works; Washington State Military Department, Emergency Management Division: (See Item 4 on the Consent Agenda.) Commissioner Huntingford asked if the appraisal has been done on this property and if the total amount of the grant is $90,000? Transportation Manager Bruce Laurie reported that the appraisal has been completed and that is the correct amount for the total project. There are a total of 3 grants for this project including an FCAP grant contract that will be on the Board's agenda next week for approval and a salmon recovery grant. Commissioner Wojt moved to approve the grant contract as submitted. Commissioner Huntingford seconded the motion which carried. HEALTH & HUMAN SERVICES Director's Update: Health and Human Services Director David Specter reported on the following: · There were 24 applicants for the Office Manager position. Six of the applicants will be inter- viewed next week. · The wage disparity between the Public Works Department and the Health and Human Services Department for the same type of job was discussed. This inequity causes problems for the Department when there are similar positions open in the Public Works Department. · David Specter reported that the fee schedule ordinance is being reviewed for changes. HEARING re: Continuation of Funding of the Bureau of Justice Local Law Enforce- ment Block Grant: Jamie Halvorson, Adult Probation Administrator, stated that this is a continuation on a grant received in 1998. The amount of the grant award is $14,826 which is used for the community clean up project. Commissioner Huntingford opened the public hearing on the continuation of funding for the Local Law Enforcement Block Grant in the amount of $14,826 as presented. Hearing no comments for or against (no public was present) the continuation of this funding, Commissioner Huntingford closed the public hearing. Commissioner Wojt moved to approve and sign the follow-up information form as presented. Commis- sioner Huntingford seconded the motion which carried. The meeting was recessed at the end of the business day and reconvened on Tuesday morning. All three Commissioners were present. HEARINGS (3) re: Proposed Telecommunications Ordinance: Transportation Manager Bruce Laurie reported that on July 21, 1997 the Board established a Telecommunications Technical Page 4 Commissioners Meeting Minutes: Week of April 26, 1999 Advisory Committee to comply with the 1996 Telecommunications Act. The Committee met over a 2 year period and developed the three ordinances presented today. The Committee's goal was a coordinated and integrated telecommunications infrastructure. Jefferson County currently has a fee schedule for use of County road rights-of-way. The ordinances proposed today do not change this compensation schedule although the County Commissioners have the ability to revise the fee schedules as a result of these ordinances. Bruce Laurie explained that testimony will be taken on each ordinance separately. A workshop is scheduled for tomorrow to review the comments received today. HEARING re: Proposed Ordinance: Adopting a New Chapter 13.56 of the Jefferson County Code, and Establishing Accommodations of Utilities upon Jefferson County Rights-of-Way: The Chairman opened the public hearing on this proposed ordinance. Lisa Burner, AT&T Wireless Services, stated that Section 13.56.050 discusses installation of new utility types. The equipment shelters or cabinets for wireless services are very large, somewhat like dumpsters. AT&T does not want to put them underground because of the high water table. She asked that the wording be changed to address this issue. Malcom Harris, representing Summit Cablevision, stated that he sent a letter last week and submitted a correction to the letter. Section 13.56.050 contains categories of projects created. The Type A category provides speedy review for smaller projects. However, in Section 13.56.080 there are additional requirements on Type A projects which complicate the process. Fees are charged retroactively after the projects are completed on a periodic basis which would require separate tracking. They request that these additional fees not be required on the Type A projects. In Section 13.56.370, there is a require- ment that fiber optic cable be buried at least 36 inches below the surface. They request that this be changed to 30 inches which is the current industry standard. Paul Crane, representing US West Wireless, stated that Section 13.56.030 Definitions includes the term "franchise" which can also mean giving a percentage of revenue. He asked that another name be given to this such as a right-of-way permit or street use permit. Regarding 13.56.050, US West has very small wireless equipment cabinets and they would like to be able to mount them on a pole, and not have to put them underground. Bob Henderson, Permit Center, reported that the language in this section is dealing with the lines, and not the equipment cabinets. The wording will be revised to clarify the section. Bob Rogers, US West, asked for clarification of Section 13.56.050. It is his understanding that service connections would be exempt from utility permits. Hearing no further comments for or against this proposed ordinance, the Chair closed the public hearing. Page VOL Commissioners Meeting Minutes: Week of April 26, 1999 HEARING re: Proposed Ordinance: Adopting New Chapters of the Jefferson County Code, Telecommunications Use of Jefferson County Rights-of-Way: The Chair opened the public hearing. Brad Camp, Sprint, read a statement into the record from Nancy Judy, Associate Vice President of External Affairs. (See microfilmed document.) There was a brief discussion about circumstances that would require the County to cut a line. Bruce Laurie reported that this was meant to address a life safety emergency situation. Kirk Palowski added that the definition of emergency needs to include the term life safety. Nancy Irvin, Millenium Digital Media/Summit Cablevision, introduced herself and explained that Millenium bought out Summit Cablevision recently. They will continue operating under the name Summit Cablevision with the same people in this region. Malcom Harris, representing Summit Cablevision, noted that if subparagraph C in Section 13.60.070 is adopted, it would be in conflict with the existing franchise agreement which expires in 2006. Summit believes they have the right to maintain the existing relationship according to the contract. The ordinance defines "telecommunications carrier" in such broad terms that all of the sections of the ordinance appear to apply to cable television operators. They believe that Section 13.76 will apply to them, but they don't feel a cable franchisee should be subject to the balance of the sections. It is not clear if Sections 13.60.050 and .060 apply to cable television operators. If all of the these sections apply, they believe it is unreasonable and request that this be clarified. Some of the fees are so vague that there is no way to tell how they will be calculated. In addition, there is no definition of direct and indirect costs. All fees and charges are very sensitive to cable television operators because of the severe competition these companies are subject to right now. For cable television to survive in this market it has to be competitive with satellite services. Lisa Burner, AT&T Wireless Services and AT&T, asked if she could submit written testimony by the end of the week? There was a brief discussion regarding the timeline for the comment period. She asked that the County remove Section 13.76.240, the Internet Accessibility Section, from the ordinance. Ben Welch, Townsend Communications and Olympus.net, stated that there were 3 local ISP providers in Port Townsend in 1997 when other communities only had one provider. Now there are 6 local providers and they feel that this diversity is important. If the FCC opens cable access to internet providers, it is important that the local cable providers grant access to local ISPs at a reasonable rate. Hearing no further comments for or against this proposed ordinance, the Chair closed the public hearing. HEARING re: Proposed Ordinance: Adopting a New Chapter of the Jefferson County Code Regulating the Location, Placement, and Design of Wireless Facilities: The Chair opened the public hearing. Pag 6 Commissioners Meeting Minutes: Week of April 26, 1999 Malcom Harris, representing Summit Cablevision, stated that they would like cable television to be removed from the co-location of communication towers requirement of the wireless ordinance. The siting of cable television facilities near cellular phone towers can create serious interference between the two media. Lisa Burner, AT&T Wireless, stated that Section 18.42.070, regarding co-location procedures, requires that a letter be sent out to other carriers before the pre-application meeting with staff. She suggested that this letter be sent at the time the application is submitted. Section 18.42.090 (a) (4) requires a Structural Engineer's report. She reported that mono poles are designed to support their antenna array and AT&T has an engineer that designs these mono poles. The mono pole is designed to handle only their antennas. If a co-location opportunity is required, the structure of their poles would not have capacity to add other carriers. Another carrier would have to replace the pole, locate another pole next to the AT&T pole, or if the ordinance mandated a co-location, the County would need to pay for the additional cost of the pole. She requested that this section be clarified. Paul Crane, US West Wireless, stated that some companies build poles to co-locate 2 or 3 carriers. Section 18.42.090 (a)(6) requires a 6 foot high security fence. He noted that it would not be necessary to enclose their poles with a fence and the fence could detract from the landscaping of the site. Under (b) of that same section, he asked the definition of a "significant" public park or open space. He feels some type of formula is necessary to evaluate a landscape and give a predictable result such as what consti- tutes a view or blockage of a view. He noted that he also submitted comments in writing. Hearing no further comments for or against this proposed ordinance, the Chair closed the public hearing. The Board asked if staff will be able to deal with the comments received today before the workshop tomorrow? Jim Pearson, Public Works Department, reported that they will review the comments and make a recommendation if there are changes to be made to the ordinances. Commissioner Huntingford suggested that written comment be left open until 3 p.m. today. Kirk Palowski reported that there has been continued dialog and correspondence with all the participants in the room today regarding these ordinances. Malcom Harris requested that they be able to review any changes to the ordinances as a result of the comments and he asked for a redline draft of the ordinances to see where the changes are made. Chairman Harpole explained that if there are substantial changes in the final draft ordinances, they would have to be published again and public hearings would be scheduled. Commissioner Huntingford requested that the Board receive copies of all the comments that have been submitted. He also asked that the participants try to attend the workshop tomorrow in case the Board needs clarification on some of their comments. Commissioner Huntingford moved to leave the written comment period open until 3 p.m. today. Commissioner Wojt seconded the motion which carried by a unanimous vote. Commissioners Meeting Minutes: Week of April 26, 1999 Letter Regarding Timber Sale Receipts from National Forests; Senator Slade Gorton, Senator Patty Murray, and Representative Norm Dicks: (See Item 10 on the Consent Agenda) Commissioner Wojt moved to approve the letters as submitted. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Letters (2) to Summit Cablevision and Millennium Digital Media re: Request for Meeting: Commissioner Huntingford moved to approve and have the Chair sign the letter to Summit Cablevision and Millennium Digital Media requesting a meeting with their Senior Representatives. Commissioner Wojt seconded the motion which carried by a unanimous vote. The meeting was recessed at the close of the scheduled business and reconvened on Wednesday from 10:00 a.m. to Noon in the Lower Level Conference Room for a workshop on the 3 Telecommuni- cations Ordinances. All three Commissioners were present. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS Glen Huntingford,~ri~er Page 8 25