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HomeMy WebLinkAboutM070699JEFFERSON COUNTY BOARD OF COMMISSIONERS District No. I Commissioner: Daniel Harpole, Chair 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 July 6, 1999 The meeting was called to order by Commissioner Glen Huntingford. Commissioner Richard Wojt was present. Chairman Dan Harpole was not present. PUBLIC SERVICES BRIEFING SESSION: Public Services Director Gary Rowe reported: · State grant funding requests for the Hood Canal Coordinating Council and the County were reviewed. The HCCC prioritized 34 projects. Several of Jefferson County's projects were high on the priority list. · He met with David Timmons, the new City Manager, who will not be able to attend the joint meeting with the City and County regarding regional issues on July 20, 1999. · A letter has been sent to the City regarding the appointment of their representatives to the Marine Resource Committee and the Conservation Futures Tax Advisory Committee. · A letter will be sent to the Point No Point Treaty Council asking them to designate a representa- tive to serve on the Marine Resource Committee. · There is a State hearing scheduled on the Water Conservancy Board Rule which would require counties to take over the administration of water rights transfers. The Board asked that Benton and Lewis Counties be contacted regarding their pilot projects. · The Board asked for an outline of the County's comments that are due in August regarding the proposed changes to the Shoreline Management Plan. · Frank Gifford has been asked to determine the procedure for dealing with abandoned vehicles on public rights-of-way. Page 1 ;' F~ f' Commissioners Meeting Minutes: Week of July 6, 1999 PUBLIC COMMENT PERIOD: The following comments were made: The process for dealing with abandoned vehicles; and is there an agenda for the meetings on the Tri Area/Glen Cove Special Study? Approval of Minutes: Commissioner Wojt moved to approve the minutes of the week of June 14, 1999 as presented. Commissioner Huntingford seconded the motion which carried. Replacement of Items Stolen from Animal Shelter: Commissioner Wojt moved to authorize the Animal Shelter to replace the stolen items on the list that was submitted, including $20 for the cash box. Commissioner Huntingford seconded the motion which carried. APPROVAL AND ADOPTION OF THE CONSENT A GENDA: Commissioner Wojt moved to approve and adopt the items on the Consent Agenda as presented. Commissioner Huntingford seconded the motion which carried. 1. RESOLUTION NO. 55-99 re: Establishing the Date for 2000 Budget Submissions, Review Hearings and Final Adoption 2. HEARING NOTICE re: Adoption of Ordinance No. 05-0623-99 Regulating Land Use and Development within the Port Ludlow Master Planned Resort; Hearing Scheduled for Monday, July 19, 1999 at 3:00 p.m. in the Commissioners Chambers 3. AGREEMENT re: To Provide Outpatient Substance Abuse Treatment Services for East Jefferson County; Jefferson County Health and Human Services; Jefferson Community Recovery Center 4. AGREEMENT re: Professional Services for Substance Abuse Treatment for Youth; Jefferson County Health and Human Services; Beacon of Hope, Inc. 5. AGREEMENT, Amendment No. 1 re: Extending Term of Employment Through December 30, 1999; Jefferson County Public Services; Deborah Ann Gale 6. AGREEMENT, Supplement No. 1 re: Amending Scope of Work to Include Attendance at Planning Commission Workshop and Hearing, and Increasing Payment Amount; Jefferson County Public Works; Bookin Group 7. Request to Convene for the Purpose of Hearing Property Tax Appeals for the Current Year Having Met the Conditions of RCW 84.48.010; Jefferson County Board of Equalization 8. Accept Resignations from Two (2) Members and Re-appoint Two (2) Members; Tri-Area Community Center Board of Directors; Resigning Members Alice Sell & John Parker, Re- appointed Members Pat Gould (Term Expires June 11, 2001) and Tom Araki (Term Expires May 19,2001) Page 2 Commissioners Meeting Minutes: Week of July 6, 1999 £~--o COUNTY DEPARTMENT BRIEFINGS/BUSINESS COMMUNITY DEVELOPMENT Director's Update: Director of Community Development A1 Scalf introduced Rebecca Tessmer, the new Office Manager for the Department, and reported on the following: · The Planning Commission will be reviewing the EIS for the Tri Area/Glen Cove Special Study at their next meeting. · There will be a pre-hearing conference this week on the Pleasant Harbor Marina Project in front of the Shoreline Hearings Board. · Last week a letter was sent to the Baileys on their project advising that they failed to submit the information requested in the allotted time frame and their permit has been canceled. Discussion re: Shoreline Exemption Permit XMP98-O026; To Construct a Bulkhead Located Adjacent to the Duckabush River; Robert & Karen Shadbolt, Applicant: A1 Scalf explained that the Shadbolts were told by staff that their original Shoreline Exemption Permit would include 3 lots. After further review, the County identified that the Shadbolt's residence is located on 2 lots which would be covered under the permit. For the third lot, which is vacant, they would need to apply and go through a different Shoreline Permit process. The Shadbolt's are requesting that the $800 Shoreline Permit fee be waived since the County was in error. Commissioner Huntingford asked if the 120 days for permit processing can be met on this permit? A1 Scalf reported that the permit cannot be done in that time frame. Commissioner Wojt asked how much time would have been saved if the error had not been made? A1 Scalf answered that each shoreline application takes about 25 hours. A1 Scalf explained that if a Determination of Significance is issued for this project, there could be a requirement for a study of the area. Since there are several properties in the area that would benefit as a result of the study, he doesn't feel that the total cost for the study should just be the Shadbolt's responsibility. Commissioner Huntingford asked if the Shadbolt's would be eligible for the exemption if their lots were consolidated? A1 Scalf advised that he thinks that could be an option. Commissioner Huntingford noted that the Shadbolt's project was approved in 1998 by the State Department of Fisheries and the Army Corp of Engineers. He asked why it has taken so long for the County to act on the permit? Commis- sioner Huntingford explained that if this permit is not completed this year, he is concerned that the County may be liable for any damage done by flooding next year. The minimum amount of time needed to do a SEPA review is 90 days unless there is an existing environmental document that can be adopted. A1 Scalf will re-review this project and see what can be done to help these property owners proceed with their project as soon as possible. Page 3 25 Commissioners Meeting Minutes: Week of July 6, 1999 Commissioner Wojt moved to waive the permit fees for the Shadbolt's additional Shoreline Permit. Commissioner Huntingford seconded the motion which carried. PUBLIC WORKS Director's Update: Interim Director of Public Works Frank Gilford reported on the status of filling several vacant positions in the Department. He then reported on the following: · He will be meeting with a City Representative to review options on the Memorial Field Fence. · The Courthouse was inspected after the earthquake last week and there was no damage. · They have started the Coyle Road culvert project which is being done in conjunction with the State Department ofFish and Wildlife. · The crematorium unit will be delivered to the Animal Shelter by the first week of August. SEPA won't be complete until August 23, 1999. The crematorium should be up and functioning the second week of September. · The parasailing regulations for State Parks will be reviewed with the Board tomorrow at the Engineer's meeting. · They are preparing a report about the drop box site and recycling area in Port Hadlock. · There will be a meeting on the Bywater Bay Road Improvement District No. #3 on July 19, 1999 at 6:30 p.m. Construction Plan Approval; Center Road Asphalt Overlay, Project #CR1370: Mark Thurston, Public Works, reviewed this overlay project on Center Road. Commissioner Huntingford moved to approve and sign the Center Road Overlay project plans as submitted. Commissioner Wojt seconded the motion which carried. HEARING re: Establishing a County Road; North Beach Drive (Bridgehaven Development): Commissioner Huntingford opened the public hearing in the absence of Chairman Harpole. He explained that the purpose of the hearing is to take comments about establishing North Beach Drive (Bridgehaven Development) as a County road. Will Butterfield, Public Works Right-of-Way Agent, reported that this process was initiated by petition of the property owners in the area. The Department administers this process in accordance with State Law. There was a procedural error on this project because the hearing notice was not published twice. The Department recommends that this hearing be continued until July 26, 1999 at 2 p.m. to allow the hearing notice to be published 2 times as required by law. Monte Reinders, Public Works, reviewed the Engineer's Report on the establishment of this road as a County road. The Department does not recommend that this road become a County road because of the condition of the road (a slide area exists that will be a continuing problem) and the lack of drainage Page 4 Commissioners Meeting Minutes: Week of July 6, 1999 facilities on this road. If the necessary ditches were installed, 8 to 10 feet of area along the road would be lost. The public hearing was opened for public testimony. A1 Thackler, 325 North Beach Drive, asked if there is an alternative to putting in a drainage system for this road? He noted that the water seems to drain well from this area. Monte Reinders explained that the drainage can't be guaranteed. Without a positive way to deal with storm water, the County would be taking on a large potential liability. Frank Gifford reported that the Department looked at several options and found that installing ditches was the best alternative. He noted that the area in question has a more urban type density and property owners tend to fill in ditches to provide more parking for their vehicles and to improve their yards. Richard Eaton, Thorndyke Road, asked if the fill is on the approach to North Beach Drive? Monte Reinders pointed out on the map where the fill is located on the road. Gertrude Wells, 531 North Beach Drive, asked if the County would be doing any work to North Beach Road to help preserve South Point Road? Monte Reinders reported that he doesn't believe the County has any plans for a project on South Point Road. Bruce Laurie reported that the County will do the required and necessary maintenance on South Point Road, but they cannot work off the County road right-of-way. Don Harrison, 910 South Point Road, reported on an area where the water backed up last winter. Frank Gifford explained that the Department looked into that problem, and has tried to contact the property owners to advise them that they need to comply with current regulations. Eline Dederer, 410 North Beach Drive, reported about a big hole where water is gushing out under South Point Road and undermining North Beach Drive. Monte Reinders stated that the County is not responsible for ground water problems. Frank Gilford pointed out that the Engineer's report is thorough and identifies problems and potential problems and estimates the costs to deal with them. A1 Thackler, 325 North Beach Drive, stated that he is a member of the Board of Directors of Bridge- haven and they would like the Commissioners to table this petition until after their annual meeting in September. George Dahlberg, 120 Eaglebee Lane, asked if the County can reject the petition outright? The Board advised that they can take that action, but they have been asked to postpone any action until after the annual meeting. Page 5 Commissioners Meeting Minutes: Week of July 6, 1999 Paul Gott, 63 Eaglebee Lane, asked if there is additional information that could be presented that would effect a decision that the Board might make today? If not, he urged the Board to reject the petition. Commissioner Huntingford reiterated that the recommendation of the Department is to deny the request. Eline Dederer, 410 North Beach Drive, asked why the County would reject the petition before there is a meeting of the Bridgehaven membership? Duwayne Wells, 531 North Beach Drive, stated that it doesn't matter when a meeting is held, the facts aren't going to change. He noted that many of the people attending this hearing don't even live on the road. Stan Thurman, 81 Robinhood Lane, stated that the reason that these people are here is because their dues are supporting the maintenance of this road. Gertrude Wells, 531 North Beach Drive, added that the road is not owned by the property owners abutting it. It is owned by the Bridgehaven community. Commissioner Huntingford reviewed the alternatives open to the County and then closed the public testimony portion of the hearing. Commissioner Wojt moved to table this petition indefinitely. Commissioner Huntingford seconded the motion. He explained that if there is consensus when the lot owners meet in September, they can contact the Public Works Department to bring the petition back before the Commissioners. Commissioner Huntingford called for a vote on the motion. The motion carried. Discussion re: Developing Interim Controls for Hood Canal Summer Chum under the Endangered Species Act: Caryn Woodhouse, Natural Resource Policy Analyst, reported that 4 options have been developed for interim controls: 1) develop ordinances under the normal process, 2) develop and adopt emergency regulations, 3) develop interim regulations and, while they are in place, review and adopt final regulations, or 4) put a moratorium on certain land use applications until regulations are developed. She reviewed the pros and cons for each option and recommended that Option 3 be followed. Commissioner Huntingford stated his concerns about putting unknown restrictions into place that have not been clarified. He added that he wants to know what the regulations will look like first. Gary Rowe reported that the National Marine Fisheries wants the County to work in a collaborative way and include public input to implement regulations that use "best available science" to protect salmon. David Christensen added that any restrictions need to be done with "best available science" and will address critical areas, storm water management, and forest practices. An in depth review needs to be · VOL Page 6 25 Commissioners Meeting Minutes: Week of July 6, 1999 done of the County's ordinances to see if they provide the necessary protection or if they need to be rewritten or enforced differently. Dave Christensen reviewed the time line for adopting interim rules by January. Commissioner Wojt asked where the problems are likely to arise in the County? A1 Scalf reported that some property owners are attempting to vest their building permit by installing a septic system or getting a binding Critical Areas determination for their property. Gary Rowe reported that there is no vesting under an ESA. If the Federal government adopts a 4(d) Rule, it will be effective immediately. Al Scalf reported that there have been 20 to 30 inquiries about buffers in anticipation of the listing. There was a discussion about identifying the actual critical habitat for the Summer Chum in the County. Al Scalf stated that the Critical Areas Ordinance does have a provision to incorporate "best available science" into extending buffers beyond the current minimums. Commissioner Huntingford stated that he has concerns about relying on the Critical Areas Ordinance to institute special buffers that may be seen as arbitrary. He feels it is important that landowners are aware at the time of application of how the implementation of this law will effect them. Gary Rowe added that in order to have certainty for landowners until the 4(d) Rule is adopted, he recommends interim regulations. The current and additional staffing to efficiently deal with this law was also discussed. Commissioner Wojt moved to adopt Option 3 as recommended. Commissioner Huntingford seconded the motion which carried. Request for Out of State Travel: Matt Lavigne, Information Services and Kelli Parcher, Sheriff's Office: Commissioner Wojt moved to approve the Out of State Travel Requests for Matt Lavigne, Information Services and Kelli Parcher, Sheriff's Office to attend training in Montana. Commissioner Huntingford seconded the motion which carried. The meeting was recessed at the conclusion of business on Tuesday afternoon and reconvened on Thursday evening. Commissioners Huntingford and Wojt were both present. Commis- sioner Harpole was not present. HEARING re: Proposed Incorporation of Tri-Area: There were approximately 45 people present at the Tri Area Community Center. Commissioner Huntingford explained that due to a scheduling conflict he will not be able to stay through the entire hearing. He stated that the purpose of the hearing is for the Board to receive public comment regarding the proposed incorporation of the Tri Area. Two Commissioners are required to open the public hearing and to set a date for continuation, which can be up to 60 days after the first hearing. Both Commissioners are not required to be present to receive testimony. VOL Page 7 2.5 Commissioners Meeting Minutes: Week of July 6, 1999 Gary Rowe explained that the Board must set a hearing date tonight to continue the hearing. If the hearing date is before September 3, the vote on incorporation would be November 2; if it is after September 3, the vote would be February 29, 2000. Commissioner Huntingford opened the hearing. Gary Rowe presented a map with the incorporation boundaries as proposed on the petition. He explained that the Board has only one action that they can take during this public process and that is to determine if the proposed boundaries lie outside of an urban growth area (UGA.) The Tri Area/Glen Cove Study that is currently being conducted will supply the information to determine if there will be a UGA, and if so, its boundaries. If the UGA designation is smaller than the boundaries on the incorporation petition, those boundaries will have to be adjusted. The Growth Management Act outlines the criteria for designating a UGA. Commissioner Huntingford apologized for leaving early. He said he will listen to the taped testimony from the hearing. Gary Rowe explained that the public hearing can be continued as many times as the Board feels is necessary. Commissioner Wojt moved to continue the hearing to August 26, 1999. Commissioner Huntingford seconded the motion. The motion carried. Commissioner Wojt moved to continue to take testimony tonight until 8:30 p.m. Commissioner Huntingford seconded the motion. The motion carried. The hearing was opened for public testimony. Guy Rudolph, explained that the water system serving the Tri Area is currently controlled by the City of Port Townsend; but they have had discussions about divesting themselves of this system. The only feasible entity able to take over the system would be another municipality. In community meetings, Tri Area residents discussed becoming a UGA. They petitioned for incorporation in 1995 with proposed boundaries that took in the entire water system. Since that time, water issues have changed and so have the proposed boundaries. The Tri Area/Glen Cove Study only focuses on the number of jobs in the community; it doesn't focus on the number of residents living in the area. Incorporation is a necessary tool to help the Tri Area plan for predictability, stability, affordability and livability. James Fritz, stated that it makes sense to put new commercial growth in the Tri Area because the traffic patterns are much more efficient than the one highway leading into Port Townsend. Only 18% of the people in the County list "wages and salaries" as their income on their IRS form, with 5.3% listed as small business owners. From 1990 to 1997 only 6% of new jobs, that were non-government, paid more than $14,000 a year. The County needs to broaden its economic base right now with higher paying jobs. He feels that the Tri Area is an excellent location for light manufacturing businesses. Scott Browning, asked how the Board Members feel about the incorporation? Commissioners Meeting Minutes: Week of July 6, 1999 Commissioner Huntingford pointed out subareas #1,#2 and #3 on the map and stated that, in his opinion, these boundaries would be appropriate. He is concerned about residents in the area who will be required to pay for building high-priced infrastructure as a result of the UGA designation. Don Cote, stated that the Board has been putting off their decision to make this UGA designation for many years. Guy Rudolph, stated that the first time the petition for incorporation was filed, there was no requirement that the area be a UGA. Waiting 60 days to determine the boundaries of the UGA will effect the feasibility studies. Commissioner Huntingford excused himself and left the hearing. In response to Scott Browning's question, Commissioner Wojt stated that he would like to see the rural crossroads keep their identity as communities. The current infrastructure will not meet the needs of future growth if a UGA is designated. Anders Edgerton, 180 Wades Loop Road, explained that he moved to Jefferson County thirteen years ago to get away from the growth in Kitsap County. His property is located in the incorporation boundaries; but he does not want to live in a city. He feels that it is not crucial to be a municipality to run a water district. The PUD could take over the water. Higher waged jobs will not automatically happen just because an area incorporates. Jim Posey, stated that growth is going to come no matter what happens. If there isn't a job base, the burden will fall on the people who pay property taxes. Right now, in Jefferson County, the majority of the residents are either poor or rich. The timber industry is gone and the same thing is happening with the fishing industry. People will continue to move into the County and pay high prices for homes and the average person will not be able to afford to live here. Don Cote, 1611 Griffiths Point Road, said that the Tri Area already has most of the components of a UGA. He thinks the City of Port Townsend will annex the Glen Cove area in the future. He suggested trading the water system for the Glen Cove area right now. There have been 4 studies done on the Tri Area in the past 10 years, with millions of dollars spent. It is wrong that the Commissioners have not made a decision on the UGA designation. Retail prices are ridiculously high because there is no opportunity for competition. He blames the Commissioners for the position the Tri Area is in right now. Doug Joyce, stated that Chimacum has always been rural and he would like to see it remain rural. Don Young, stated that people have taken time from their busy schedules to attend this hearing and he feels that the 2 Commissioners that couldn't take the time to be here must not think that what the residents of the Tri Area have to say is important. Page 9 ?_5 Commissioners Meeting Minutes: Week of July 6, 1999 Gregg Margarite, one of the owners of Black Bear Systems, stated that his agenda is to run a business in the County. He could live anywhere and run this business, but he wants to live here. Over the last few years he has felt pressure to leave because he can't find commercial space out of Port Townsend that meets his company's needs. Whenever he talks to residents in the community where his business is located, they are encouraging. However, he feels that other people in the County send a message that they want him and his business out of here. It is difficult to understand why, because it is a low impact business that employees 10 people at a decent wage. There are a lot of problems for any small business that wants to locate here; there is no overnight mail service and phone lines and high speed internet access are difficult to get. In spite of this, he likes it here and doesn't want to move. He stated that progress and change will continue. More commercial zoning needs to be put in place now. An industrial area like Glen Cove is not an option for his business; he needs a place where people can sit at desks with computers. Lori Tillman, 631 Griffiths Point Road, asked for clarification of the high cost figures in the studies and if there is any way to tell if the figures are accurate? Commissioner Wojt stated that the price tag on all of this infrastructure is very high and the cost of maintaining the systems is not included. Miriam Smith, stated that she would like to be able to continue to live in Jefferson County; but her property taxes and insurance keep increasing. Geoff Masci, Port Townsend City Council, stated that the City is also struggling with the decision of whether this area should be designated a UGA. Right now, because Port Townsend is the only UGA, it has to carry 41% of the growth in the County. If the Tri Area becomes a UGA, urban levels of services will have to be provided or planned for in the future. He is concerned about the cost of building and maintaining sewer system plants and water treatment plants. He cautioned that new State and Federal regulations regarding the environment will also need to be added into the cost equation. Don Cote, stated that the latest Glen Cove/Tri Area Study that was done produced figures that are totally unrealistic. Paying a consultant to come up with figures like this isn't necessary, there is data available from other areas that have already done the same type of study. Brian McLaughlin, Irondale, stated that he feels the figures on the cost of the incorporation are being exaggerated. Guy Rudolph, discussed the current water rates. He added that the water system in place right now will not be enough in a few years and they need to start looking for another source for water. Carson Inman, 202 East Price Street, discussed the various wells in the area and the costs to create a new water system. He stated that Port Townsend has been dictating growth in the Tri Area for the last 30 years. He is in favor of incorporation. Page 10 Commissioners Meeting Minutes: Week of July 6, 1999 Jim Posey, Port Hadlock, stated that he feels it is important that every one of the County Commissioners needs to take a stand and not waiver. They can't keep saying one thing and then doing the opposite. Saying that they are pro-business or pro-growth and then doing everything that is anti-business or against growth. The constituents need to know where the Commissioners are coming from because they have been given the job to make the decisions and have the final say. Commissioner Wojt said that his concern is community, and his vision is a community that isn't blacktopped over with uncontrolled growth or strip development. This requires zoning. GMA discussions have been going on for 9 years and the County has to abide by those regulations. Guy Rudolph, added that a newsletter will be going out to everyone in the community about the incorporation and the studies to help evaluate their >osition. MEETING A'DSOURNED ,/.? '.l'o't-.,,' . 1, . , , ,. ,.': :;,: :..~CS~d:g~,ATTES~'N~''''' ' ',". :..' ' Lorna Delaney, CMC Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS VOL Page 25