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HomeMy WebLinkAboutM092799JEFFERSON 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 THE HEART Ok' T}iE[ '~-~'/ 'OI,YMPIC I;ENINSULA' ~ lf tNO Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Lorna L. Delaney Gary A. Rowe David Goldsmith MINUTES Week of September 27, 1999 The meeting was called to order by Chairman Dan Harpole. Commissioners Glen Huntingford and Richard Wojt were both present. Approval of Minutes: Commissioner Huntingford moved to approve the minutes of the week of September 20, 1999 as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. Julie Garrison, Emergency Services re: Special Events Permit "Missions At The Airport:" Julie Garrison reported that "Missions at the Airport" is a public awareness activity which includes flight demonstrations of a special airplane used in jungle environments. It is scheduled at the Jefferson International Airport on October 2, 1999. The JARS organization will be providing sani cans on the site that day and the insurance certificate is expected on October 1, 1999. There won't be any additional food or beverages served. Commissioner Huntingford moved to approve the Special Events Permit contingent on the appropriate insurance being provided. Commissioner Wojt seconded the motion which carried by a unanimous vote. PUBLIC SER VICES BRIEFING SESSION: Chairman Harpole asked that the following items be handled: · A response needs to be developed and sent to the PUD regarding a planning session on October 29, 1999. The Board members cannot attend, but Community Development staff will be there. · Director of Public Services Gary Rowe asked about possible Board support of a countywide Page o 'VOL ~': ,'3 Commissioners Meeting Minutes: Week of September 27, 1999 Public sewer plan? Chairman Harpole noted that the workload for the Community Development Department is such that he doesn't feel this matter can be addressed at this time. Director of Community Development A1 Scalf added that the Board will be making land use decisions in the near future that may have an impact on the need for a sewer plan. Deputy Director of Public Services David Goldsmith was directed to draft a letter of support for the Korean War Veterans' Memorial and to make a recommendation on providing funding for this project after reviewing the proposal. An advertisement needs to be placed in the newspaper for the vacant positions on the Housing Authority Board. Services Director Gary Rowe then reported: A six month schedule is being developed to facilitate work that the City and the County will be doing on plans for a joint City/County facility. The first meeting of the Marine Resource Committee was held last week and the Committee members will be establishing a work plan for the next year. Commissioner Huntingford asked about the grant agreement for salmon habitat in the Snow Creek Estuary? Natural Resource Policy Analyst Caryn Woodhouse reported on the process used to determine the project priority for the habitat protection grants through the Governor's Salmon Recovery Office. This grant is to purchase a specific property in the Snow Creek area. Caryn Woodhouse added that a group has been established to develop an overall plan for habitat protection. David Goldsmith re: Conflict of Interest Concerning Port Ludlow Master Planned Resort: David Goldsmith reported that a letter has been received from Foster, Pepper and Sheffieman regarding this firm doing work for Tony Puma of Port Ludlow and if that would be a conflict of interest with the work this firm does for the County as Bond Counsel? Juelie Dalzell, Prosecuting Attorney explained that the firm has different attorneys who work in these two areas and she doesn't see that there would be a conflict of interest. Commissioner Wojt moved that there is no conflict of interest for Foster, Pepper and Sheffieman in their representation of Tony Puma. Commissioner Huntingford seconded the motion which carried by a unanimous vote. PUBLIC COMMENT PERIOD: The only comment was that the Board should address the fact that a DOT asphalt batch plant has been allowed to locate in the County while an asphalt batch plant proposal by a local business was canceled by the Community Development Department. Page 2 VOL Commissioners Meeting Minutes: Week of September 27, 1999 APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to delete Items 2 and 12 and to approve the balance of the Consent Agenda as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 78-99 re: Prohibition Against Weapons in the Jefferson County Court- house 2. DELETE Resolution re: Adopting a Revised Organization Chart for Board Directed Departments (See item later in Minutes) 3. RESOLUTION NO. 79-99 re: Adopting a Process to Support New Administrator for Board Directed Departments 4. RESOLUTION NO. 80-99 re: Naming a Private Road Gybe Ho Road 5. RESOLUTION NO. 81-99 re: Appointing Department of Community Development, Planning Manager as the following: SEPA Responsible Official; Subdivision Administrator; Critical Areas Administrator; Zoning Administrator; Flood Management Responsible Official; and Stormwater Administrator 6. AGREEMENT re: Replacement of Courthouse Fuel Oil Tank; Jefferson County Public Works; Pacific Environmental Services 7. AGREEMENT re: Structure Demolition at 281 Fremont Street Located in Quilcene; Jefferson County Public Works; Broderson Construction 8. AGREEMENT re: Enclosure of West Half of Moderate Risk Waste Facility (MRW); Jefferson County Public Works; CHG Building Systems 9. AGREEMENT re: Purchase of a Bituminous Distributor; Jefferson County Public Works; Western Power & Equipment 10. AGREEMENT re: Provide 1999-2000 Health Services; Jefferson County Health and Human Services: 1. Chimacum School District 2. Quilcene School District 3. Queets-Clearwater School District 4. Brinnon School District 11. AGREEMENT, Amendment #3 re: Port Ludlow Master Planned Resort Mediation Services; Increasing Payment Amount; Jefferson County Public Services; Ty Tice, Mediation Services 12. DELETE Agreement re: Salmon Habitat and Snow Creek Estuary; Project #99-121 lA; Jefferson County Public Services; Washington State Governor's Salmon Recovery Office (See item later in Minutes.) 13. AGREEMENT re: Temporary Help as Communication/Correction Officer; Jefferson County Sheriff's Office; William Wells 14. AGREEMENT re: Proctor Home Alternative Detention; Jefferson County Juvenile and Family Court Services; Jim & Marsha Eades 15. Request for Full Reconveyance re: Repayment of Housing Improvement Loan; Paul S. and Catherine M. Alessi 16. Appoint Discovery Bay RV Representatives to serve on the Water Utility Coordinating Commit- tee (WUCC) as Voting Members; Sandy Roy, Representative and Diane Eldredge, Alternate 17. Reappoint Person to Serve another Term of the Fire Code Advisory Board; Term Expires 8/7/02; Gary Winberg Page 3 VOL Commissioners Meeting Minutes: Week of September 27, 1999 COUNTY DEPARTMENT BRIEFINGS/BUSINESS COMMUNITY DEVELOPMENT Director's Update: A1 Scalfprovided the Board members with a copy of all of the public comments received on the UGA scenarios. Chairman Harpole asked that the Planning Commission's recommendation be delivered to them by Friday, October 1 at 5 p.m. A1 Scalfthen updated the Board on the following: · There is a Community Development Block Grant available for planning agencies in depressed communities and the Community Development Department would like to contract with David Whipple to prepare the grant application. This grant money would be used to do sub-area plans for the South County. A1 Scalfreported that he could accommodate this $500 item in his budget at this time. Commissioner Wojt moved that the Department engage David Whipple for an amount not to exceed $1,000 to write a Community Development Block grant application for the County. Commissioner Huntingford seconded the motion and asked how the sub area planning will be done if the grant application isn't successful? Al Scalf reported that the Department will handle this work if a grant isn't received. Chairman Harpole asked if there is a conflict of interest for Mr. Whipple doing this work since he's a member of the Planning Commission? Mr. Whipple would just prepare the grant application. He will not do the grant work if it is received. Commissioner Huntingford noted that he is in support of Mr. Whipple writing the grant application, but reiterated that he should not be involved with the work in any way or in the monitoring of the grant. The Chair called for a vote on the motion. Commissioner Wojt and Commissioner Huntingford voted for the motion. Chairman Harpole voted against the motion. The motion carried. Commissioner Huntingford moved to have the Chair sign the necessary grant application paperwork. Commissioner Wojt seconded the motion which carried by a unanimous vote. · Staff is still reviewing the record regarding the designation of the Fred Hill property. He submitted a transcription of the tape of the March 26, 1999 meeting when the property was designated as long term mineral land. · The Prosecuting Attorney has reviewed the Permissive Land Use Agreements being granted by the Teal Lake Village Association to property owners for the use of a portion of the plat open space and determined that these agreements are essentially a license for use of this property. · The investigation of the Mats Mats Quarry operations has been completed and a violation of County regulations was found to exist. The County will seek voluntary suspension of the importing of Dupont material for resale. The SM6 permit with the State will not be completely approved by the County until this violation is corrected. Page 4 Commissioners Meeting Minutes: Week of September 27, 1999 Discussion re: State and County Permitting Requirements for Day Care Facilities: Chairman Harpole thanked the Department for the information provided and asked that they review what other Counties do to simplify the permitting for small scale day care operations and provide a recommendation for whether the County should move toward a more simplified permitting process. PUBLIC WORKS Director's Update: The following items were reported: Jim Pearson reported that the Public Works Department has followed up on a question raised by Paul Constantine and found that the reduction factors in the EIS were improperly applied. The new range is from 100 to 280 acres of additional acreage needed for employment growth. A1 Scalf reported that the Community Development Department has reviewed this change and found that it is not enviromnentally significant, but an addendum to the EIS will be issued with the new figures. The low bidder for the Gardiner Bridge has been approved by FEMA. The Department is currently reviewing the financing issues for the bridge. The Federal and State regulators reviewed the Departments bridge inspection files last week. The Fletcher Creek culvert replacement project will be started this week. The Department is working on impacts and a recommendation for opening the Landfill Transfer Station on Sundays. Benton County has submitted a letter of interest regarding the bottle washer that has been declared surplus property. The Kinetic Sculpture Festival organizers have asked that County equipment be used at the Fairgrounds to create the mud bog. The Fair Board brings in a private party to create the mud bog that is used during the Fair. The Kinetic Sculpture Festival organizers will be advised that the County can't use its equipment for this type of event. Commissioner Huntingford asked for a copy of the scope of work for the consultant on the Port Ludlow storm water drainage issues. HEALTH & HUMAN SERVICES Review Proposed Fee Amendments for Environmental Health Division, Nursing Division, andAnimal Services: Commissioner Huntingford advised that he has some concerns regarding the fee increases being proposed for the Environment Health septic permits, especially because the current fees appear to cover the expense for this work. Director of Environmental Health Larry Fay reported that the 2 programs that pay their own way are septic system permits and food service permits. They don't pay for administration or other overhead costs, however. The discussion turned to what citizens get for their tax dollars and providing permits in a timely manner. Larry Fay reported that he will review the septic system permit fees and make further recommendations within the next 2 weeks. Page 5 Commissioners Meeting Minutes: Week of September 27, 1999 Department Update: Chairman Harpole reported that a letter inviting Mona Locke to the Early Childhood Development Conference planned for February has been delivered. Adopting a Revised Organization Chart for Board Directed Departments: (See also Item 2 on the Consent Agenda) Commissioner Huntingford moved to approve RESOLUTION NO. 82- 99 adopting the revised organization chart for Board directed Departments. Commissioner Wojt seconded the motion which carried by a unanimous vote HEARING re: Changing Name of Private Road from Nelson Place to Woodhaven Lane: Due to technical difficulties with publication, this hearing was rescheduled for 1:45 p.m. on October 4, 1999. Matt Lyons re: Higher Education Demonstration Project: Matt Lyons reviewed the history of the issues relating to higher education in Jefferson County and the formation of the Higher Education Committee. A final report was prepared and released in 1998. A center for coordinating higher education needs in the County was recommended and a consortium for higher education was also proposed. The Legislature has funded $50,000 for a pilot study in the County. Mr. Lyon was hired in August as the Higher Education Coordinator. He reviewed the education programs the Committee is working on. Mr. Lyons reported the Community Forums have not been well attended. Chairman Harpole suggested that PTTV be used to provide community forums. Jim Rough re: Wisdom Council: Jim Rough reported on the Wisdom Council, an idea which would provide a way for "the public," as a collective, to speak to the County or City government. It changes the conversation from "political" to what is best and what conclusions can be drawn. It also changes the dynamic so that people in County government can become facilitators. He would like the County to try this system for a period of time and then, if it is successful, to have the citizens vote on it at a general election. Chairman Harpole asked if there would be a "Wisdom Council" for the City and a different one for the County? Jim Rough advised that he feels the City and County are different enough that there would be one for each. Chairman Harpole asked how the questions posed to this group would be chosen? Jim Rough answered that one way would be for the facilitator to ask the group for a list of issues or the Board of Commissioners may suggest a list of topics for the Wisdom Council's consideration. Chairman Harpole asked what would happen if people aren't interested in serving on this type of Council? Jim Rough suggested that 1,000 citizens could be assigned numbers and anyone who wasn't interested could remove themselves from the list. The numbers of all those interested would be put in a bucket and 16 numbers would be drawn for the first group of people. A consensus of all the people is built over time. Chairman Harpole suggested that the Board take this topic up again in February when the new County Administrator can be involved. Page 6 Commissioners Meeting Minutes: Week of September 27, 1999 The Board met in Executive Session from 2:30 to 3:00 p.m. with the Director of Community Development, the Prosecuting Attorney and the Deputy Director of Public Services regarding potential litigation. Prosecuting Attorney and Director of Community Development Discussion re: GMA Development Agreements: David Alvarez, Deputy Prosecuting Attorney, explained the purpose of development agreements (DA) and their advantages and disadvantages. These agreements shall be consistent with applicable development standards and other provisions that will apply to, govern, and vest the development and use of the real property for the duration of the Development Agreement. When a DA is entered into, it serves to freeze the zoning. Any subsequent zoning changes adopted that are more restrictive do not apply with the exception of a State or Federal regulation. The advantages of these agreements are: · They are encouraged by State statutes; · Sets up rules of the game for term of agreement (i.e. density, land use); · Are a way to lock in "macro" land use decisions (i.e. similar to a "sub-area" plan for a specific parcel of land); · The certainty created by the Development Agreement can prevent escalating housing costs; · Can be a way to arrive at consensus of all concerned parties; · The community would be more attuned to what the developer has planned up front; · The developer has an opportunity to provide something back to the community for the privilege of going into such an agreement. The disadvantages include: · A fear that the County is giving away control over certain things; · Don't know how the courts will interpret these agreements in the future; · May seem like a new Zoning Code, but they are not, they are a way to implement the Zoning Code; · The agreement has to be carefully drafted to eliminate ambiguity; · It may create a feeling that certain people, because of their skill or money, have an advantage; · They are very detailed and complex documents that require a large amount of legal resources to review; · The Commissioners who enter into such an agreement must weigh how it will impact future elected officials. Commissioner Huntingford asked if such an agreement is the same as a binding site plan in giving assurance to the developer that they can continue to do what they planned? What is the difference between these two instruments? David Alvarez answered that he feels the major difference may be the quantity of land in the development. Both of these instruments provide people with the benefit of certainty. Chairman Harpole asked if a Development Agreement can be amended once it is accepted? David Alvarez reported that a DA is a contract and is subject to all of the legalities of contracts. He feels it Page 7 Commissioners Meeting Minutes: Week of September 27, 1999 would be difficult for the County to agree with a change without starting over from scratch. Chairman Harpole asked the process if the Developer does less than was agreed to in the Development Agreement? David Alvarez explained that much of this type of issue would go through the dispute resolution procedure defined in the agreement. Chairman Harpole noted that he is concerned about how these would be modified to deal with change. Chairman Harpole asked how the Developer can be held accountable to do the elements in the agree- ment that are of greater benefit to the community as well as the elements that are of greater gain to the Developer? David Alvarez stated that he will include language that addresses this concern. Comprehensive Plan Policy Amendment Recommendations: Chairman Harpole explained that the Board has to decide if these 6 petitions should be forwarded to the Planning Commis- sion. CPA99-18: This amendment would adopt of Action Plan principles, goals and strategies as an addition to the existing Utilities Policy UTP 8.1. This was prepared by the Jefferson Telecommu- nications Technical Advisory Committee. Commissioner Wojt moved to forward CPA99-18 to the Planning Commission for consideration and recommendation. Commissioner Huntingford seconded the motion which carried by a unanimous vote. CPA99-19: This amendment would delete the Chimacum Commercial Crossroads from LNP 5. 5 Neighborhood/Visitor Crossroads and add it to LNP 5. 6 General Commercial Crossroads. Craig Durgan is the applicant. The staff recommendation is to reject the proposed amendment as not consistent with the goals and policies of the Comprehensive Plan. Craig Durgan submitted a rebuttal to the staff comments. He suggested that if the Board is going to amend the EICO this may not be necessary. Gene Seton reminded the Board that they put both Chimacum and 4 Comers in the General Commercial designation and the Planning Commission changed the designation to Neighborhood/Visitor Crossroads before the Comprehensive Plan was adopted by the Commissioners. Commissioner Wojt asked if the performance standards would be substantially different for these two designations? Al Scalf reported that they would be different in building size, lot coverage, and scale and intensity of use. Commissioner Huntingford noted that Mr. Durgan points out some inconsistencies between the i VOL Page 8 Commissioners Meeting Minutes: Week of September 27, 1999 Chimacum Crossroads and similar crossroads that are designated General Crossroads. He suggested that the Board revisit the Crossroads designations. Chairman Harpole noted that the decision on the UGA could impact the area in Chimacum being discussed. Commissioner Huntingford moved to hold CPA99-19 for further review until the resolution of the Glen Cove/Tri Area Special Study and that staff review the information submitted by the applicant and that this be brought back at the next review of these applications. Commissioner Wojt seconded the motion which carried by a unanimous vote. CPA99-20 proposes changes to the rural commercial land use goals and policies. It was submitted by the Port Hadlock/Tri Area and Greater Quilcene/Brinnon Chambers of Commerce. Planning recommends that this amendment be forwarded to the Planning Commission for their review. Some of the word changes are in compliance with the Comprehensive Plan, however, the staff does not recommend that LNP 5.1 be deleted. Bill Marlow explained that SB6094 allows expansion beyond the existing commercial zones.. Linda Tudor added that this section doesn't allow for defining a different commercial zone in the future if an area is found to be conducive to this type of development. A1 Scalf reported that the existing zoning as of 1994 and the EICO of 1996 was used. He explained that taking out the 1994 and 1996 criteria for these commercial zones would bring up debate of other areas. Chairman Harpole noted that SB6094 gives the date of July 1990 and it allows for "the discretion of the local authority." Linda Tudor noted that the Port Ludlow Chamber of Commerce also participated in this application. She asked that in the future the applicants be given at least a week to review the staff report before it is submitted to the Board of Commissioners for their decision on forwarding the application to the Planning Commission. Commissioner Huntingford moved to forward application CPA99-20 to the Planning Commission with the suggestion that they look at LNP 5.1 and possibly add minimum criteria. Commissioner Wojt seconded the motion which carried by a unanimous vote. CPA 99-21 would change the Economic Development element formulated by the Business Recruitment and Retention Committee of the EDC. The Economic Development Council is the applicant. Planning staff recommends that this proposed amendment be forwarded to the Planning Commission. Page 9 25' ~r; I~ c'')~ Commissioners Meeting Minutes: Week of September 27, 1999 Commissioner Huntingford moved to accept the recommendation on CPA-99-21 and submit it to the Planning Commission for their consideration and recommendation. Commissioner Wojt seconded the motion which carried by a unanimous vote. CPA99-22 proposes a definition of "Rural Jefferson County (greater than 10 miles from a UGA), and that West End exemptions contained in the home-based business and cottage industry policies apply to this area. The application was submitted by the Greater Quilcene/Brinnon Chamber of Commerce. The staff recommendation is to reject the proposed amendment because it is inconsistent with the goals and policies of the Comprehensive Plan. Commissioner Huntingford noted that the reasons given by staff for home-based businesses and cottage industry in the West End are the same in Brinnon, except for the projected growth rate. Chairman Harpole stated that he has concerns about appropriate performance standards for cottage industry. He added that other areas in the County that are 10 miles from a UGA would not be suitable for home businesses or cottage industry such as Port Ludlow. Commissioner Huntingford moved to forward CPA99-22 to the Planning Commission for review and comment so there can be discussion around these issues. Commissioner Wojt seconded the motion. Chairman Harpole added that until a final Zoning Code is developed, performance standards for home based businesses won't be addressed. That may be a more appropriate time to bring up some of these issues. The Chair called for the vote on the motion. The motion passed by a unanimous vote. CPA99-23 delete policies EPP 3.1 and EPP 3.3 having to do with an Airport Overlay Zone and a Noise Overlay Ordinance. Michael Felber is the applicant. The staff recommendation is to reject the proposed amendment because it is inconsistent with the goals and policies of the Comprehensive Plan. A1 Scalf explained that even if these policies are deleted, the issues involving the noise at the airport will still need to be addressed. Gabe Ornelas stated that the Airport Advisory Council is working with the Port of Port Townsend to develop a noise mitigation program. Property owners in the area do not want an established zone because it would create a type of easement over their properties and affect property values. Page 10 Commissioners Meeting Minutes: Week of September 27, 1999 Larry Crockett, Port of Port Townsend, stated that the Airport Advisory Council is making progress in developing a noise mitigation program that will satisfy property owners, the Port and the County. The policies in question have put the County on a course that meets the requirements of the Growth Management Act regarding the protection of essential public facilities. Commissioner Huntingford stated that he would like to see this issue handled by the Board and not forwarded to the Planning Commission. Commissioner Huntingford moved to accept the staff's recommendation on application CPA99-23 and continue to work on this through the Commissioners Office and await results of the Airport Advisory Council's noise mitigation program. Commissioner Wojt seconded the motion. Chairman Harpole noted that staff needs to bring forward a time frame for resolution of this issue. The Chair called for the vote on the motion which passed by a unanimous vote. The meeting was recessed at the end of the scheduled business and reconvened each morning for the balance of the week for preliminary budget roundtables. All three Board members were present on Tuesday and Wednesday. On Thursday, Chairman Harpole and Commissioner Wojt were present. On Friday, Chairman Harpole and Commissioner Huntingford were present. AGREEMENT re: Salmon Habitat and Snow Creek Estuary; Project #99-1211A; Jefferson County Public Services; Washington State Governor's Salmon Recovery Office: Commis- sioner Huntingford moved to approve the agreement with the Washington State Governor's Salmon Recovery Office as submitted. Commissioner Wojt seconded the motion which carried by a unanimous vote. MEF-,-TD~G ADJOURNED ~, ~)~ g3"...' A~TEST: Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Richar~it,__ Member Page 'you