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HomeMy WebLinkAboutM010598JEFFERSON COUNTY BOARD OF COMMISSIONERS District No. 1 Commissioner: Daniel Harpole, Member District No. 2 Commissioner: Glen Huntingford, Member District No. 3 Commissioner: Richard Wojt, Chairman THE Ei:iAP..T UP THH: lfJ,� l,Cti Clerk of the Board: Lorna L. Delaney Director of Public Services: Gary A. Rowe Deputy Director of Public Services: David Goldsmith MINUTES Week of January 5, 1998 The meeting was called to order by Commissioner Glen Huntingford in the absence of Chairman Richard Wojt who was not present due to a personal emergency. Commissioner Daniel Harpole was present. COMMISSIONERS BRIEFING SESSION: Reorganization of the Board. (Postponed until January 12, 1998) Approval of Minutes: Commissioner Harpole moved to approve the minutes of December 15 and 22, 1997 as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. PUBLIC SERVICES BRIEFING SESSION. • Director of Public Services Gary Rowe reported on the following items: ♦ There will be a WA -CERT meeting on Thursday. Commissioner Harpole will attend in Chairman Wojt's absence. ♦ The development of a proposal for a rest area in the vicinity of the Olympic Gateway Visitors' Center. Gary Rowe will work on this proposal with David Goldsmith and Commissioner Huntingford. ♦ The City of Port Townsend has been asked to extend the regional services agreement for Dispatch Services, but no answer has been received yet. ♦ A schedule will be drafted for updating the regional services contract. Page 1 �� 24 1 Commissioners Meeting Minutes: Week of January 5, 1998 9 9�(NGj ♦ The revenue figures for December 1997 have not been received yet, and it appears that they may be less than projected, which will impact the beginning cash balance for 1998. The Budget Committee will be working on how to handle this impact. PUBLIC COMMENT PERIOD: The following comments were made: an inquiry regarding a notice about the Teal Lake Center project that was published in the newspaper by the Planning Department (Commissioner Harpole explained that this notice was placed at the direction of the Prosecuting Attorney in response to a Superior Court order.) APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Harpole moved to approve and adopt the balance of the items on the consent agenda with the condition that the fee will be waived on Item 14. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 1-98 re: Adoption of Flexible Benefits Plan AND AGREEMENT re: Establishment of the Plan; AFLAC 2. RESOLUTION NO. 2-98 re: Cancellation of Uncollectible Personal Property Taxes 3. RESOLUTION NO. 3-98 re: Establishing 1998 Prosecuting Attorney's Salary 4. AGREEMENT re: Clallam-Jefferson Public Defender; Terry L. Mulligan 5. THREE (3) AGREEMENTS re: 1998 Community Services Grant Funding; Brinnon Senior Organization; Jefferson County Tourism Coordinating Council; Jefferson County Historical Society 6. AGREEMENT re: 1998 Medicaid Match; Jefferson County Health and Human Services; State Department of Social and Health Services 7. CONTRACT re: Professional Services, Individual Supported Employment; Jefferson County Health and Human Services; Skookum Corporation 8. AGREEMENT, Reimbursable Work re: Reimburse Jefferson County for Cost of Work Performed; Jefferson County Public Works; Jefferson Transit 9. NOTICE OF COMPLETION re: Day Labor Projects; CR1312 Blanch Avenue; CR1335 Chipseal Reinier Road and Schwartz Road 10. Reimbursable Work Request re: Construction of a Bus Pull-out on Paradise Bay Road at Tala Shore Drive; Jefferson County Public Works; Jefferson Transit 11. Request for Six (6) Month Administrative Extension, SUB96-0001 re: Micraelund Short Plat; To Divide 16 Acres into 3 Lots for Residential Use; Located West of Intersection of Four Corners Road & Airport Cutoff Road; Beatrice Michelson, Judy & Patrick Lundgren, Sandra & Tom Rae, and Mary Ann & Jeff Michelson 12. Food and Beverage Purchase Request for Approximately $90.00; WSU Cooperative Extension Advisory Committee Meeting; WSU Cooperative Extension Office 13. Advance Out of State Travel Request to Attend Missing & Exploited Children Seminar; Jefferson County Sheriff s Office; Peter Piccini 14. Facility Use Application re: Mock Trial Competition; Jefferson County Superior Court Clerk (Fee Waived) Page 2 voL 24 Commissioners Meeting Minutes: Week of January 5, 1998 CONSENT AGENDA - Continued: 15. Letter of Support re: Resource Conservation and Development Area Grant (RC&D); US Representative Norm Dicks, US Senator Patty Murray and US Senator Slade Gorton 16. Letter to Richard and Uerla Coone re: Declining Offer to Purchase Land in Brinnon 17. Letter of Invitation to Elected Governmental Officials of Olympic Peninsula re: Workshop to discuss Endangered Species Act and Water Resource Management; February 5, 1998, 9:00 a.m. to 4:30 p.m. at WSU Cooperative Extension COUNTY DEPARTMENT BRIEFINGS/BUSINESS: COMMUNITY DEVELOPMENT Director's Update: Director of Community Development Al Scalf expressed concern about the time line for legal review of the final draft emergency ordinance regarding commercial areas in the Glen Cove/Quimper Peninsula/Tri Area/Chimacum vicinities before the meeting of January 20, 1998. He advised that an alternative that would allow more time for review is to have the final emergency ordinance ready for adoption on January 26, 1998. Commissioner Huntingford noted that the Board has received several letters about this proposed draft ordinance and how it will impact properties in these areas. He also pointed out that the PUD has not been involved in the discussions on this draft ordinance. John Holgate answered that this is an interim ordinance and will have no impact on the planning for these areas. Commissioner Harpole stated that he doesn't see why the draft ordinance can't be ready for the January 20. Al Scalf reported that the Planning staff will meet with the Prosecut- ing Attorney today on this draft ordinance. Associate Planner Harriett Beale reported that a joint grant application with Clallam County has been prepared for WRIA's 20 and 21. She asked that Commissioner Huntingford contact Clallam County Commissioner Kitchel to confirm that Jefferson County will be the lead agency for this application for grant funding. The Planning Department will be the responsible Department for this grant application. John Holgate reported on the Planning Commission's progress on the draft Comprehensive Plan. This Wednesday the Planning Commission reviewed the final draft of several chapters. There will be 2 more meetings to review the Plan and the final recommended version should be forwarded to the Board before the end of January. Commissioner Harpole asked about the minority opinions for issues in the Comprehensive Plan. He advised that he wants to see any minority opinions. He also asked that at least two Planning Commis- sion members attend each of the County Commissioners hearings on the Comprehensive Plan. Page 3 VOL 24 Commissioners Meeting Minutes: Week of January 5, 1998 Mark Huth, Attorney re: Reconsideration of Final Plat Approval, SUB96-0017, Fultz Short Plat; To Divide S Acres into 2 Lots for Recreational/Residential Use; Located off of St. James Place, Port Townsend, James Fultz, Applicant: Mark Huth, Attorney, stated that he is representing the Fultzs to ask for a reconsideration of the denial of their final short plat. This short plat was presented for final approval on December 22, 1997. Preliminary summary approval was granted by the County on April 15, 1997. The Applicants have complied with all of the conditions of the summary approval. Mark Huth noted that the only other alternative is to take this matter to Superior Court. He read from the County's Subdivision Ordinance, Section 5.207, "Summary approval may require the Applicant to meet designated conditions before submission of the final short plat. Summary short subdivision approval shall furnish a firm basis upon which the Applicant may proceed with any required improve- ments, as well as preparation of the final short plat, in compliance with any conditions of approval imposed, and the provisions of this ordinance." It is Mark Huth's understanding that the reason for denial is because there is only one septic permit. The Applicants were told by Permit Center staff that they didn't need two septic permits because of the IGSO ordinance, which was put into place after they had begun their subdivision. This ordinance established the density in the area at 5 acres, therefore the second permit was canceled. Then the "septic exemptions" to the IGSO ordinance became a topic of discussion and their property with two septic fields would qualify for subdivision under one of the scenarios. However, because the interim ordinance was in place, they were not allowed to renew the second septic field permit. The septic exemption situation was discussed a number of times during the time the Fultzs were preparing their final short plat. They were encouraged by County staff to go ahead with the subdivision and that it would not be a problem. Mark Huth stated that it appears there is no reason that they should be denied. They are requesting a reconsideration of the denial of this plat today. Commissioner Harpole noted that the memo presented by Mark Huth on this matter provides new information that he was not aware of when the denial was made. He is not willing to make a determina- tion on this request today without the other Commissioner that voted to deny the plat present. This matter was scheduled for 10:05 a.m. on January 12, 1998. PUBLIC WORKS Director's Update: Klara Fabry reported: Federal Highway funds have been approved for part of the cost of the construction work on the Upper Hoh Road project. She reported that the road must be closed for approximately 2 weeks to finish this stabilization work. The Quilcene Drop Box site will accept Christmas trees for disposal during the month of January for no fee. The installation of the light at Oak Bay and Paradise Bay Road will be done on January 26, 1998. Page 4 VOL 24 ray. 4 Commissioners Meeting Minutes: Week of January 5, 1998 9SHf NG% Closure of Upper Hoh Road. Commissioner Harpole moved to approve RESOLUTION NO. 4-98 to temporarily close the Upper Hoh Road. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Warren Steurer re: Facilities Update: Warren Steurer reported that the top priorities for Facilities Management in 1998 are to deal with the fuel tank in the parking lot of the Courthouse, to replace the waterline into the Courthouse, and to paint the exterior of the Brinnon and Quilcene Community Centers. Fire District No. S Commissioners re: Request to Re Annex Adjacent Properties into Fire District. Meeting postponed to January 20, 1998 from 3 to 4 p.m. Appointments as Jefferson County Representatives on the Olympic Area Agency on Aging Advisory Board: Commissioner Harpole moved to appoint Adrian Dronkert to an unexpired term (expires 4/21/00) and Anna McEnery to a three (3) year term (expires 1/5/01) as Jefferson County representatives on the Olympic Area Agency on Aging Advisory Board. Commissioner Huntingford seconded the motion which carried by a unanimous vote. REQUESTS FOR PROPOSAL: Moderate Risk Waste Recycling/Disposal Services: The following Requests for Proposal were opened at the appointed time by Frank Hall: Phillips Services, Renton Advances Environmental Technical Services He reported that both proposals are in order and they will need to be analyzed by the Public Work staff before a recommendation for award can be made. Commissioner Harpole moved to accept the 2 proposals as presented and directed that the Public Works Department check the proposals for accuracy and make a recommendation for award that is to the best advantage of the County. Commissioner Huntingford seconded the motion which carried by a unanimous vote. HEARING re: Proposed Budget Extensions/Appropriations: Various County Departments: Gary Rowe reported that he reviewed the Non -Departmental request which is due to expenditures not anticipated for consultant work in the Planning and Health departments. The request from the Sheriff is for a grant that was received and not budgeted for in 1997. The Sheriff s budget is not over -expended. Auditor Donna Gastfield reported that this amount is included in the 1998 budget. Commissioner Huntingford asked about the Parks and Recreation request? Gary Rowe reported that this amount is also for a grant that was received and not budgeted in 1997. Commissioner Huntingford opened the public hearing. Page 5 VOL 24rA��� Commissioners Meeting Minutes: Week of January 5 1998 9SHI G �" Patricia Burris, stated that some of her questions have been answered. She questioned why some of these amounts are being requested in the last quarter? The Board invited Ms. Burris to attend the next Budget Committee meeting. Gary Rowe explained that the County doesn't adopt the budget at the line item level, but at the Department level, so if one line item is under expended it may cover expenses in another line of the Department's budget that is over expended. Hearing no further comments for or against the requested appropriations, Commissioner Huntingford closed the hearing. After a discussion of the Sheriff's request, Gary Rowe advised that he will check with the Sheriff about this grant and report back to the Board. He added that the beginning fund balance may be as low as $600,000 and this will need to be review by the Budget Committee. Later in the Day: Commissioner Harpole moved to approve and sign RESOLUTION NO. 5-98 ordering the deletion of the budget appropriation requested by the Sheriff's Office and approving the balance of the appropriations/extensions. Commissioner Huntingford seconded the motion which carried by a unanimous vote. HEARING re: Community Development Block Grant Application re: Disaster Recovery from November/December 1995 Storm: After Commissioner Huntingford opened the public hearing, Scott Kilmer, Public Works, reported that this grant from the State Department of Community, Trade and Economic Development is for damage expenses that occured in the storms of November and December of 1995. This grant will cover the County, Hoh Tribe and City of Port Townsend shares of the recovery costs. Of the $70,000 from the grant, the County will receive $53,010 (80% share), the Hoh Tribe $2,451 and the City $1,482. Hearing no comments for or against this block grant application, Commissioner Huntingford closed the public hearing. Commissioner Harpole moved to approve the grant application as presented. Commissioner Hunting- ford seconded the motion which carried by a unanimous vote. Workshop re: Draft Emergency Ordinance Establishing Interim Official Controls Regulating and Restricting New Commercial Development Within the Glen Cove/Quimper Penin- sula/Tri Area/Chimacum Vicinity: This workshop was postponed until January 14, 1998 from 2-4 p.m. Page 6 Commissioners Meeting Minutes: Week of January 5, 1998 -9y.H1NG.t�? The meeting was recessed at the end of the scheduled business on Monday and recon- vened on Tuesday morning with Commissioners Harpole and Huntingford both present. Chairman Wojt was not present. The Board met with the Planning Director for a briefing from 11:00 a.m. to Noon. The privatization workshop was canceled. Agreement re: Law and Justice Grant 97LBVX5200; Community Services Coordina- tor, U.S. Department of Justice: Commissioner Harpole moved to approve this agreement for a grant in the amount of $13,782 to hire a Community Services Coordinator who will supervise work crews and coordinate other community services projects. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Meeting Adjourned JEFFERSON COUNTY �N.,� ti� �--� ARD OF MISSIONE S / SEALS'� r and Woit. C airm tp ¢ e un in ord ber Ilk ATTEST:" an el Harp le, em 'e , Lorna Delaney, CMC Clerk of the Board Page 7 'VOL 24 ;IVI7 7 Mark Huth Attorney at Law P.O. Box 303 Port Townsend, WA 98368 Telephone: (360) 379-0543 Facsimile: (360) 379-5167 January 5, 1998 Jefferson County Board of County Commissioners Jefferson County Courthouse P.O. Box 1220 Port Townsend, WA 98368 .SAN 0 RE: Reconsideration of denial of final approval for Fultz Short Plat, SUB96-0017 Dear Commissioners: I represent the James I. and Deborah K. Fultz. On December 11, 1996, they submitted an application to subdivide their five acre property into two lots. The property is located north of Prospect Avenue and east of SR 19 (Airport Cutoff Road). The site is approximately one (1) mile north of the unincorporated commu- nity of Irondale. It is legally described as Lot 9 of Marvin Gardens Large Lot within Section 34, Township 30, Range 1 West, WM. (Parcel # 001345015). Permit Center staff determined that the proposal was subject to the Interim Growth Strat- egy Ordinance. The IGSO Ordinance was adopted and became effective on Febru- ary 14, 1996. Minimum gross acreage of lots for the site is designated by the IGSO as I dwelling unit per 5 acres. The proposal did not meet that density standard. However, the Board had determined that certain proposals should be granted an exemption from the IGSO density standards. Emergency Ordinance No. 09-0819-96 amended Sections 3.00 & 6.00 of the Interim Growth Strategy Ordinance. The pur- pose of the amendment was to allow a proponent to subdivide property which did not meet the current density and met five criteria and resembled one of 12 scenar- ios. One of the scenarios was that the property had two approved septic permits for systems that had not yet been installed. On September 16, 1996, the BOCC ap- proved Resolution 82-96 which repealed Ordinance 09-0819-96 and made provision for the Director of Community Development to administratively handle proposed density exemption subdivisions. As the Board is aware, the septic exemptions for density proved to be contro- versial and have been discussed on numerous occasions in public meetings. How- ever, at no point were the Fultzes informed that their proposal did not fall within the septic exemption to the IGSO density provisions. To the contrary, they pro- ceeded with their proposal relying in good faith on statements by the Board and Permit Center staff that their proposal complied with all criteria of the exemption. The proposal was processed and summary preliminary plat approval was granted on April 15, 1997. The Findings issued in support of that approval discuss the V01- 24 21 IGSO density for the site, the creation by the Board of the septic exemption, and the delegation of authority to the Director of Community Development for determina- tion of application of the exemption. The Findings expressly state that: "The Direc- tor of Community Development directed staff to process this subdivision." That statement clearly shows that as of April 15, 1997, the Director of Community De- velopment had exercised his duly granted authority and acting at the direction of the Board declared the proposal to be valid under the septic exemption. Under Washington law, a formal finding of fact must be made that a pro- posed subdivision conforms to existing land use controls. RCW 58.17.195. That re- quirement is applicable to preliminary plat approvals. A preliminary plat applica- tion which makes a threshold showing of an ability to comply with all applicable land use regulations complies with RCW 58.17.195 even though some modifications will be required in order to secure its final approval. Friends of the Law v. King County, 123 Wn.2d 518, 869 P.2d 1056 (1994). The issuance of the summary ap- proval on April 15,1997 was supported by an express finding that: "The proposed lots are consistent with the design, shape, size, and orientation requirements." Un- der RCW 58.17.033, a developer's submission of a completed short plat application vests the developer with the right to divide the property and develop it in the man- ner disclosed in the application according to the land use and zoning laws in effect on the date of submission. The vested rights doctrine is intended to provide a measure of certainty to applicants for land use permits and to protect their expecta- tions against fluctuating land use policy. Noble Manor v. Pierce County, 133 Wn.2d 269, _ P.2d _ (1997). RCW 58.17.170 mandates that when the Board finds that the subdivision proposed for final plat approval conforms to all terms of the pre- liminary plat approval and applicable laws which were in effect at the time of pre- liminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. That means where the applicant complies with all conditions of preliminary approval, they are entitled to final approval. Based on compliance with all conditions of the preliminary approval, the staff submitted the mylar of the final plat for approval on the Board's consent agenda for December 22, 1997. The plat was removed from the consent agenda and denied on the basis that it did not meet the criteria for the septic exemption. The problem appears to be an assertion that only one valid septic permit exists at this time. In 1993, the Fultzes obtained two septic permits for the property (SEP 93- 0085 and 93-0086). Those permits were renewed at the appropriate times. In 1996, the Fultzes sought reissuance of the permits. A staffperson athe Permit Center er- roneously refused to reissue one of the permits on or before March 15, 1996. That refusal was based on the passage of the IGSO. Apparently, the reasoning was that because the IGSO density for the site would preclude subdivision, the Fultzes were not entitled to more than one septic permit. That decision was not supported by any written authority. At all times during the pendency of the proposal, the County has been aware that only one septic permit was active. To employ that reason as grounds for denial of final approval violates the law with regard to preliminary ap- proval and vesting. The fact that the Board created the septic exemption indicates that the second septic permit should have been reissued. The intent of the exemp- VR 24 , . tion was to provide relief to persons who had proceeded far enough with their de- velopment plans such that strict application of the more stringent densities of the IGSO would create serious harm. The Fultzes 1993 septic permits represent evi- dence of their long-term intention to subdivide their property. They have never in- tended to circumvent any law. Their only reason for delay was that the five acre parcel had been created by a previous subdivision and was subject to a five-year waiting period prior to further subdivision. Had the Permit Center staff been aware of the Board's intent to provide relief from the IGSO densities, the Fultzes would have retained their two valid septic permits. Due to the anomaly of the tim- ing of the passage of the IGSO and creation of the septic exemption to its density provisions in relation to the reissuance date for the Fultzes septic permits, they will now potentially suffer a grave injustice. In summary, the Fultzes respectfully request the Board reconsider and re- verse their oral decision to deny final approval of their plat. That request is made based on the Fultzes good faith reliance on statements made by the County that their proposal was within the applicable density requirements. Following those statements, the Fultzes have expended in excess of $12,000.00 in the permit proc- ess. The request is solidly grounded in applicable law which provides that once the Fultzes complied with the law and conditions of preliminary approval, they are en- titled to final approval. They received preliminary approval including an express finding that they complied with applicable land use law. The staff recommended approval of the final plat based on compliance with all conditions of preliminary approval. Denial of the final plat at this juncture will leave the Fultzes with ex- pensive litigation as their only option. It does not appear in the best interests of the County to expend valuable and scarce resources defending a questionable and hy- pertechnical decision when the alternative is the creation of one additional lot. Thank you for the opportunity to address this matter. cc: Clients MH:ch Sincerely, Mark Huth 3 v0!-