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HomeMy WebLinkAboutM090799JEFFERSON COUNTY BOARD OF COMMISSIONERS District No. I Commissioner: Dan Harpole, Chair District No. 2 Commissioner: Glen Huntingford, Member District No. 3 Commissioner: Richard Wojt, Member THE ltEART OF TIlE OLYMPIC PENINSUI.A ] Lorna L. Delaney Gary A. Rowe David Goldsmith Clerk of the Board: Director of Public Services: Deputy Director of Public Services: MINUTES Week of September 7, 1999 The meeting was called to order by Chairman Dan Harpole. Commissioners Glen Huntingford and Richard Wojt were both present. APPROVAL OFMINUTES: Commissioner Huntingford moved to approve the minutes of the week of August 16, 1999 as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. The Board met in EXECUTIVE SESSION from 8:30-9:00 a.m. with Deputy Director of Public Services regarding personnel and then from 9:01-9:30 a.m. with the Public Services Director and Interim Public Works Director concerning a personnel matter. PUBLIC COMMENT PERIOD: The following comments was made: when will the Board will have a public meeting to review the Green Crow application for a mineral land designation in Brinnon? (The Board advised that an informational meeting is' tentatively set for Thursday, Septem- ber 16, 1999 at Camp Parsons at 7p.m.) PUBLIC SERVICES UPDATE: Public Services Director, Gary Rowe, reported that he had an E-mail, dated August 17, 1999, from the Sheriff that said he was going to meet with the Fire Districts about raising fire dispatch fees. Since regionalization of these services is being discussed with Clallam County, Gary Rowe suggested that the Sheriff wait until that process is complete before talking about specific dollar amounts with the County Fire Districts. Page 1 Commissioners Meeting Minutes: Week of September 7, 1999 APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to delete items 5 and 6, and to adopt and approve the balance of the items as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. PROCLAMATION re: AIDS Walk '99; September 25, 1999 at Chetzemolka Park 2. PROCLAMATION re: Jefferson County Employee Recognition Week; September 6-10, 1999 3. AGREEMENT re: Employment Services as Jefferson County Health Officer; Jefferson County Health and Human Services; Thomas Locke M.D. 4. AGREEMENT re: Provide Joint Service to Develop Collaboration of Services for Positive Treatment of Chemically Dependant Adults; Jefferson County Health and Human Services; Pioneer Center North 5. DELETE Agreement Intergovernmental re: Cooperative Purchasing Agreement for an Imaging System; Jefferson County Auditor; Thurston County (See item later in Minutes) 6. DELETE Agreement re: Repair Flood Damage at Gardiner Community Center GC1447; Jefferson County Public Works; Waltenbaugh Construction 7. Short Plat Amendment SUB99-0004; Maryatt Short Plat; To Delete "Notice to Potential Purchasers" stating that a Potable Water Supply has not been provided; A Class B System has been approved; Located off of Hazel Point Road, Quilcene; David Maryatt, Applicant 8. Out of State Travel Request for Deputy Joe Nole to Attend Lie Detection Training in San Diego, California; September 24, 1999 through November 15, 1999; Jefferson County SherifFs Office 9. Food and Beverage Purchase Request to Provide Lunch during Annual Alcohol & Drug Advisory Board Retreat; $90.00; Jefferson County Health & Human Services 10. Food and Beverage Purchase Request to Provide Lunch during Civil Service Testing for Deputy Sheriff and Communication/Correction Officer; $32.00; Jefferson County Civil Service Commission 11. Reappoint Member to Serve a Three (3) Year Term as the Liquefied Petroleum Industry Representative on the Jefferson County Fire Code Advisory Board; Levi Ross 12. Accept Resignation of Member from the Jefferson County Library District Board of Trustees; Diane Reynolds 13. Accept Resignation of Member Serving on the Peninsula Regional Services Network; Orabelle Connally, PhD 14. Application for Assistance from the Veteran's Relief Fund, $25; Service Officers Association COUNTY DEPARTMENT BRIEFINGS/BUSINESS COMMUNITY DEVELOPMENT Director's Update: A1 Scalf, Director of Community Development, reported: The SEPA Threshold determination on the Port Ludlow Master Planned Resort ordinance (land use regulations) was issued September 1, 1999, which means the appeal period will be complete on September 29, 1999. The Board has a public hearing on the proposed ordinance scheduled for September 27, 1999 at 2 p.m. A pre-application meeting is scheduled with Chuck Finnella regarding the Pleasant Harbor Marina golf course project. VOL Page 2 Commissioners Meeting Minutes: Week of September 7, 1999 ~) · A stop work order was placed on the State DOT Dosewallips Bridge replacement project last Friday. An concrete batch plant was brought in which does not have a conditional use permit. · The County filed suit against Lakeside Industries on their asphalt batch plant. · A memorandum has been sent to the representative for Mr. Moji regarding the septic system permits on his property. Update on Yurts: Mike Ajax, Building Official, reported that there are 3 scenarios in which Yurts are used: 1) recreational uses, 2) residential uses, and 3) commercial uses. The issues for residential uses are structural issues, and meeting the energy code. The Nesting Bird Yurt Company is currently researching ways to meet the requirements of the energy code. Yurts may be able to comply with the energy code for a commercial structures. There are only 2 yurts permitted in the County currently and they were designed by another Company and have been in place for more than 5 years. Chairman Harpole asked what the County would do if a yurt was used for recreation in the County right now? Mike Ajax reported that if the yurt was used as a tent it would not be regulated. If it was to be used as a residence (even as a "summer" home) it would be required to get a building permit. He added that he doesn't see why a yurt couldn't be used as a storage structure. The discussion then turned to a couple of yurts in the County that people are believed to be living in and how they were able to obtain services such as electricity without going through the building permit process. A representative of the Nesting Bird Yurt Company reported that they tell everyone that comes to them to purchase a Yurt, that if they do not get a building permit before installing the yurt as a residence, that they will be using it illegally. He then reported on the structural changes that have been made to the yurt to comply with the requirements of the Building Code. He reported that people can buy the package that has these structural components or they can buy the "tent" type yurt. They are currently working on the changes needed to comply with the energy code. Mike Ajax reported that the City of Bainbridge has permitted a yurt as a temporary accessory building for a church. He is not aware of any other permitted yurt in the State. The biggest problem for permitting a yurt is currently meeting the requirements of the energy code. Land Use Permit Activity: A memo outlining the land use permit activity in the County was reviewed. Commissioner Wojt asked how the workload is being handled? A1 Scalfreported that there are a number of processes for land use permit and he feels that it is the public's perception that it takes too long to get a permit. Commissioner Huntingford suggested that the County staff look for ways to shorten the process on these permits. Commissioner Wojt asked if there is adequate staff to handle the permit workload? The discussion then turned to the conditions that have caused this situation including: the permitting process being changed and lack of adequate staffing levels. A1 Scalf advised that he will make some specific recommendations regarding ways to deal with this and bring that back to the Board at a future date. Page 3 Commissioners Meeting Minutes: Week of September 7, 1999 ~ Review letter to Citizens who provided comments on the Green Crow Mineral Lands Designation Application in Brlnnon: The Board pointed out that the letter does not include the time for the meeting. The Clerk advised that this correction will be made and the meeting location will be finalized tomorrow. The Board concurred that the letter be corrected and signed by the Chairman. A1 Scalf then reviewed a project planner letter sent to Green Crow that states in the second paragraph that Section 6.30 of the Jefferson County Mineral Lands Ordinance (#09-0525-95) requires (in item #3) that the subject property is surrounded by parcels no smaller than five acres in size on 100% of its perimeter. The Planning Department has concluded that there are parcels less then five acres in size on the surrounding boundary of the parcel to be re-designated. This letter was to put them on notice that their application is inconsistent with the criteria. The Department has asked that they submit a proposal that meets this requirement or modify their proposal before processing can continue. The application can be canceled if the applicant fails to provide this information to the County within 60 days. Chairman Harpole asked that the Department review the application as well as all of the process steps for the application, and the time lines. He suggested that informational charts, maps, and handouts be provided also. The Clerk reiterated that this is an informational meeting and any comments taken from citizens will not be part of the project record. Request for Extension of Temporary Use Permit; JR's Produce in Port Hadlock: A1 Scalf reported that section 11.30 of the Zoning Code states that "Under no circumstances shall a temporary activity or structure be permitted to continue for more than 180 days," This temporary use was permitted for a 90 day period with a 90 day extension. The applicant opened the business to sell produce, then closed for a time and under the same temporary use permit will sell Christmas trees in November and December, for a total of 180 days under one temporary use permit. Commissioner Huntingford asked about the possibility of the applicant applying for 2 separate temporary use permits? A1 Scalfnoted that the ordinance is silent on whether someone can apply for more than one temporary use permit in a year. An administrative decision would have to be made. Commissioner Wojt noted that the businesses in the area were concerned that this not become a year around business. The modification was requested and done last year, and now the County is being asked to make another modification to this temporary permit. Chairman Harpole noted that the issues of applying for more than one temporary permit in a year and whether the permitted use can be stopped and then restarted under the same permit, need to be addressed in the final regulations. The Board concurred that this request not be allowed, since an exemption was made for the applicant last year and because the issues aren't addressed in the current zoning code. PUBLIC WORKS Bid Opening re: One (1) Bituminous Distributor: Terry Logue, Public Works, opened and read the bid received as follows: VOL P~ge 4 ' Commissioners Meeting Minutes: Week of September 7, 1999 Western Power & Equipment Engineer's Estimate $53,818.90 (includes tax) $55,000 to $60,000 Commissioner Wojt moved that the bid be checked 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 by a unanimous vote. Director's Update: The following updates were made: Warren Steurer reported that a proposal for what to do with the Bayshore Motel in the next two years will be discussed with the Board that their next meeting. Frank Gifford reported that the drain system has been located on Montgomery Court (Port Ludlow) and it is being repaired. The preliminary budget has been turned into the Auditor. Emergency funding was not received for several projects including the Lindsay Hill project. To provide funding for this project will impact other areas of the budget. Tri Area Incorporation Petition: After reviewing the proposed resolution denying the incorporation petition, Commissioner Huntingford moved to approve RESOLUTION NO. 76-99 disapproving the proposed incorporation of the Tri Area. Commissioner Wojt seconded the motion which carried by a unanimous vote. BID A WARD re: One (1) Bituminous Distributor: Afer reviewing the recommendation from Public Works Department, Commissioner Wojt moved to award the bid to Western Power and Equipment for their bid of $53,818.90 as recommended. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Agreement Intergovernmental re: Cooperative Purchasing Agreement; Jefferson County Auditor; Thurston County: (See Item 5 on the Consent Agenda) Gary Rowe reported that this purchasing agreement is generic and not specifically for an imaging system. Commissioner Huntingford moved to approve the agreement as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. Review Decision on Tri Area/Glen Cove Special Study to Forward to Planning Commission: Chairman Harpole asked that the terms used in the decision document be consistent with the title on the maps. He then reviewed some typographic errors in the decision document that need to be corrected before the document is printed. The format for the Planning Commission public hearings on the 3 proposed scenarios was then discussed. Jim Pearson reported that from 6:30 p.m. to 7:00 p.m. will be an open house for people to review the maps and ask questions. Commissioner Wojt asked that Page 5 Commissioners Meeting Minutes: Week of September 7, 1999 ~s the staff encourage people who may not make a comment at a public hearing, to give their comments on these scenarios at this time. The following items were reviewed: · Chairman Harpole asked that the Planning Commission be specifically asked to review the boundary to the east and south toward the Old Alcohol Plant to provide input on whether it should be included in the boundary. · If the Port Townsend Paper Company Mill property is included in the UGA, the County land use designation and regulations would apply to it until the property is annexed into the City. · The Planning Commission made a motion to ask that the decision document include information on how a property would be impacted if it is or is not included in a UGA and possible actions that could be taken to limit growth outside the UGA. Jim Pearson reported that the Planning Commission hasn't seen the decision document yet and it may have been premature for them to make this request. Commissioner Huntingford stated that the alternatives suggested by the Planning Commission have been discussed before and he would like to see incentives offered to people to go to the UGA. Chairman Harpole agreed that the Planning Commission request is premature until the County determines which planning strategy will be approved. · A1 Scalf then reported that the second motion made by the Planning Commission was to request that the City's Planning Commission members participate in the public hearings. The Board asked when the Planning Commission will get a copy of this document? Chairman Harpole suggested that the document be delivered or that each Planning Commission member is notified that it is available so that the members get the document in enough time to review it thoroughly before their hearing. The Board met in EXECUTIVE SESSION from 3:00 - 3:30 p.m. with Director of Community Development and the Prosecuting Attorney regarding potential litigation. Caryn Woodhouse and Dave Chrlstensen Briefing re: Upcoming Meeting with NMFS, Puget Sound Regional Recovery Coordinator Elizabeth Babcoci~: Chairman Harpole asked if it would be appropriate to bring up the issue of criteria and/or definition of "best available science," at this meeting? Caryn Woodhouse reported that the County's comments on the draft 4D rule include a proposed definition of"best available science." Dave Christensen suggested that very specific questions be asked of the representatives of the National Marine Fisheries Service. Chairman Harpole asked if the agenda will be sent to NMFS before the meeting? Caryn Woodhouse advised that the agenda has been sent to them along with a list of the people who will be attending the meeting. CommisSioner Huntingford requested that the following questions be asked: 1) are the current rules enough, and 2) will there be credit given for what has been done to date? Dave Christiansen suggested that a one page overview of the County be provided with the agenda. Caryn Woodhouse noted that a presentation will be made about the County as well as providing the Page 6 Commissioners Meeting Minutes: Week of September 7, 1999 ~ overview with the agenda. Commissioner Huntingford asked if someone on the NMFS staff can review our Critical Areas Ordinance and advise if it is adequate or where it needs more work? Caryn Woodhouse stated that the NMFS has indicated that they are short on staff. County staff is currently reviewing all the County's ordinances to see what needs to be done to assure that they comply with the proposed 4D rule. Chairman Harpole asked if projects can be vested under the NMFS rules and if not, who is liable to the property owner? These questions will be incorporated into the agenda to be brought up to NMFS at this meeting. Ken Lynn Update re: Management Structure: Ken Lynn presented a paper entitled "County Commissioners Functions and Processes." He reported that he researched the RCW's regarding delegation of executive functions and found that they are silent on these functions. All of the County's executive functions can be delegated. He asked several counties about how executive functions are delegated and found different counties handle this in a variety of ways. Chairman Harpole asked if the Board comes to agreement on this and passes the resolution, is recruitment and selection process the next step? Ken Lynn reported that is correct. He noted that he incorporated what works for other Counties in his overview. Commissioner Wojt asked what can be done to assure current employees that there will be a place for them in this new structure if it is adopted? Ken Lynn suggested that all interested parties, both internal and external, should be encouraged to apply for the position if they choose. Donna Eldridge, Auditor, pointed out that the job description conflicts with the organization chart in the list of departments that report to the County Administrator. Ken Lynn will correct this inconsistency. Chairman Harpole stated that he has a problem with assigning a Commissioner to a specific Depart- ment. Commissioner Huntingford advised that he suggested this instead of hiring a County Administra- tor. He feels this would undermine the position of County Administrator. Commissioner Huntingford asked what keeps the Board from meddling in the business of the County Administrator? The discussion then continued regarding what is a policy function and what is an executive function. Ken Lynn noted that this County has many tools in place to make the Commissioners more effective, but part of the success of this will be the discipline exercised by the County Commissioners. Chairman Harpole said that he doesn't want the final approval of contracts on the Commissioners Consent Agenda and feels the Board needs to determine levels of approval for contracts. Commissioner Wojt pointed out that contracts can be policy decisions. If a contract that comes in that fits within the strategic plan and established policies, then it could be approved by the Administrator. If the contract is for a grant, for example, that will require matching funds and take the County in a different direction. Commissioner Huntingford asked what the rules are for the Commissioners? He would like these rules in writing. Chairman Harpole added that this would protect the Board members. Ken Lynn suggested that an agreement between the 3 Board members be developed and that it be made effective for the first Page 7 Commissioners Meeting Minutes: Week of September 7, 1999 6 months after which time it would be reviewed. week. MEETil~G ~,_'_JI~URNED '['2'- ~~~ATTEST: Loma Delaney, CMC Clerk of the Board The Board will meet with Ken Lynn on this next JEFFERSON COUNTY BOARD OF COMMISSIONERS 'VOL