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HomeMy WebLinkAboutM040797 JEFFERSON COUNTY BOARD OF COMMISSIONERS District No. 1 Commissioner: District No.2 Commissioner: Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Loma L. Delaney Gary A. Rowe David Goldsmith MINUTES Week of April 7,1997 The meeting was called to order by Chairman Richard W ojt at the appointed time. Commissioners Daniel Harpole and Glen Huntingford were both present. Harrolyn Groves re: Claim for Compensation: Commissioner Huntingford reported that Harrolyn Groves worked with the Prosecuting Attorney's Office to prepare a grant proposal for funding for a Juvenile program. The "hand shake" agreement was that Mrs. Groves would be paid for her services contingent on the County being awarded the grant. Mr. Groves reported that there are several issues involved in this matter including: 1) ethical grant management in Jefferson County; 2) it is improper to have a grant writers payment come from the grant funds (a statement of costs for Harrolyn's grant writing services has been submitted to the County); and 3) the amount being offered as payment by the County is less than the costs incurred. Harrolyn Groves would like the County to pay the fee as submitted on the statement. Commissioner Huntingford reported that he checked into grant procedures in the County and found that the County does not handle grant preparation in the manner described. The original agreement to pay Mrs. Groves if the grant is received will be honored by the County, but the payment will not be made from the grant funds. It will be paid from County funds. The discussion continued regarding the County's process and what was agreed to by Mrs. Groves. Commissioner Huntingford reiterated that the County is willing to stand behind the original agreement ofa fee equal to 7.5% of the grant amount contingent on the County being awarded the grant, and the payment would not be made from the grant funds. The Board will look into this further and advise Mrs. Groves of their decision at a later date. Page 1 \'-' -l _ ?(") ty') ;'" 212 Commissioners Meeting Minutes Week of April 7, 1997 :i~ ~~ ~ Nu" PUBLIC COMMENT PERIOD: The following items were discussed: The change in the time for the morning public comment period not allowing people to ask questions and make comments about the briefings by the Departments until 2 p.m. in the afternoon. (The Board concurred that the Public Services Briefing be changed to 9:00 a.m. (to 9:30 a.m.) and that an 8:00 to 9:00 a.m. session for the Board to review their schedules, be added in the morning); where did the draft Interim Controls Ordinance that was discussed last week come from? and concern was expressed that the Commissioners are not aware of what staffis writing. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Harpole moved to delete item 5 and approve and adopt the balance of the items on the consent agenda. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. PROCLAMATION re: April 1997 as Washington State Disaster Preparedness Month 2. RESOLUTION NO. ~ re: Re-establishment of Jefferson County Cash Drawer Amounts and Petty Cash Accounts; Various County Departments 3. RESOLUTION NO. 48-97 re: Naming of Private Road; Walden Lane; Located in Port Ludlow off of Walker Way and Osprey Ridge Drive; B.H. Bartlett, I.M.S. Bartlett, Gary Hilbert, Kathleen Gilbert, Raymond Ammeter, Rebecca Ammeter, and Pope Resources, Petitioners. 4. RESOLUTION NO. 49-97 re: Creating a County Project Designated as X01316; Restoration of Road H-lOOO; Due to Recent Storm Damage; Department of Natural Resources 5. DELETE Resolution re: Amending the 1997 Staffing Schedule Adopted As Part of the 1997 Budget-, Increase Staffing Level for the Solid Waste Scale Attendant 6. MEMORANDUM OF AGREEMENT re: Provide Jefferson County Loan Processing Services for Existing Loans in Water Pollution Control Fund; Quimper Credit Union 7. AGREEMENT, Amendment re: Perform Certain Tasks for the Jefferson County Prosecutor's Office as Victim-Witness Advocate; Lianne C. Perron-Kosso 8. LETTER OF AGREEMENT re: Labor Agreement for Part Time Civil Clerk Position with the Jefferson County Sheriff s Office; Teamsters Local #589 9. LETTER OF AGREEMENT re: Labor Agreement for a Full Time Position with the Jefferson County Public Works, Solid Waste Division; Teamsters Local #589 10. Reappoint Member to Serve Another Six (6) Year Tenn on the Jefferson County Civil Service Commission; James Hill 11. Reappoint Four (4) Members to Serve Three (3) Year Terms, Retroactive to September 19, 1996, on the Jefferson County Developmental Disabilities Advisory Board; Helen Brink, Sheila Westerman, Jeanne Paddock Koester, and Marie Smith 12. Letter Requesting Support of Legislation Relating to County Trust Land Reconveyance; Senator Jim Hargrove and Representatives Jim Buck and Lynn Kessler 13. Letter Regarding Growth Management Act Revisions; Senator McCaslin, Government Operations Committee and Representative Bill Reams, Government Reform and Land Use Committee Page 2 YDL 23 ,!or;; 213 Commissioners Meeting Minutes Week of April 7, 1997 ,,~ ~ THE CONSENT AGENDA - Continued 14. Letter Regarding Rhododendron Committee Float Trailer Funding Challenge; Mayor Julie McCullogh, City of Port Townsend COMMUNITY DEVELOPMENT BRIEFING: Frank Gifford, Comprehensive Plan Team, presented copies of the schedule for upcoming Comprehensive Plan meetings. The first Planning Commission meeting will be held on April 16, 1997 from 7:00 to 9:00 p.m. and will be a general orientation session. Another Planning Commission training session is scheduled for May 23, 1997 to address "Public Institutions Advisory Boards - How to Have Effective Meetings, Ethics, Procedures. " The process for the Glen Cove/Tri Area study was then reviewed. AI Scalf reviewed the commercial, home business and subdivision applications received in the last week. PUBLIC WORKS DIRECTOR'S BRIEFING: Public Works Director Klara Fabry reported that the road crew will be going to 10 hours shifts 4 days per week; the Operator II position has been filled; the discussion with the SW AC scheduled for this afternoon is being rescheduled for next Monday because there is a SW AC meeting on Wednesday and a regional meeting on Solid Waste on Thursday; the Public Works Department met regarding the Trail project last week and the participants asked that the Board write a letter stating their commitment to the Trail project; a recommendation was made that a task force be established to handle changes needed to County ordinances due to the passage of the federal Telecommunications Act; the financial statements for the County Road fund will be done soon; and a report was given on a conference she attended on "Sustainable Communities. " PUBLIC SERVICES BRIEFING: Public Services Director Gary Rowe reported that hiring an additional attorney in the Prosecuting Attorney's Office has been held up because the offer needs to include benefits to make it acceptable to the candidates interested in the position. His recommendation is to offer benefits for this position. He then reported that a continuation of the workshop on water is scheduled for tomorrow. The notes from the Board1s retreat have been distributed and will be discussed by the Public Services Management Team at the meeting tomorrow morning in the Public Works Office at the Post Office; INTERNET access will soon be made available to County department through the computer network, and policies to control this use are being drafted. WORKSHOPS: Discussion re: Options for Restorations of Old Gardiner Road: Bruce Laurie and Aubrey Palmer from Public Works reviewed the options for restoration of the Old Gardiner Road. Option 1: Cul-de-sacs at each end of current road where it is washed out and abandon the washed out portion. Estimated cost $581,280 Page 3 .VOL ')3 . ". 214 ~......,. , r ~~.;' Commissioners Meeting Minutes Week of April 7, 1997 "~ ~~ Option 2: Rebuild the road as it existed. (FEMA would cover these costs for replacement to the same standard.) Estimated cost $1.3 million Option 2A. Rebuild the road where it existed but lower the grade of the rebuilt road. Estimated cost of$I,545,802 Option 3: Move the access road west of the current site and construct cul-de-sacs de sacs at the end of the current road on each side of the washout. This would require purchase of add i- tional right-of-way. Estimated cost of$819,511 Options 4A and 4B: These options would use intersections at Gardiner Beach Road and the intersection by the Gardiner Store. Klara Fabry reported that the public input supports rebuilding of the road. The recommendation of the Public Works Department is to go with option 2A. Commissioner Harpole asked why they support it over Option 2, since it appears that 2A is more expensive? Aubrey Palmer reported that the difference is the environmental impacts are less for Option 2A. PUBLIC COMMENT PERIOD: The following items were discussed: a suggestion was made that the Community Planning groups sit down with the staff that wrote the draft Comprehensive Plan to go over what is in the draft Plan and why the Community Plans don't match it; a suggestion was made that an attorney be hired by the Planning Department to deal with quasi-judicial matters so that there isn't a potential conflict for the staff of the Prosecuting Attorney's Office; a suggestion was made that all development activity be shut down for 30, 60 or 90 days so that the Planning staff can get a hold on what is happening; the Prosecuting Attorney has advised during every meeting on the subject, that an emergency moratorium on development is not necessary (Commissioner Harpole noted that the Prosecuting Attorney doesn't support the moratorium as put forth in the last draft ordinance, but it is not fair say that his position was against any moratorium); an emergency moratorium will put people out of work and bring the unemployment rate up; there hasn't been any proof provided that indicates there is a need for a moratorium; and there are currently 1,300 lots (80 projects under various ordinances dating as far back as 1989) in the process for creation right now, and there are currently 13,000 buildable lots in the County that are not developed yet. BUSINESS FROM COUNTY DEPARTMENTS COMMUNITY DEVELOPMENT Discussion re: Exemption to Density Requirements for Subdivisions: Community Development Director AI Scalf asked if the Board still concurs with the exemption criteria they established August 13, 1996. There are seven projects that are on hold until this matter is resolved. Page 4 .VOL 23 rA[;; 215 Commissioners Meeting Minutes Week of April 7, 1997 ,,~ e~ Commissioner Harpole asked for legal guidance on how these exemptions can be develop and be legally binding. AI Scalf reported that the ordinance that established these exemptions was repealed and the exemptions were to be done administratively. Deputy Prosecuting Attorney Paul McIlrath reported that this isn't a legal question. It is one of interpreting health and land use regulations and applying County policies. Commissioner Harpole stated that he has reviewed the 12 scenarios and understands how they will apply to the several projects that are in the pipeline. He doesn't feel there is an appeal process for this type of administrative decision. Chairman W ojt stated that it is his understanding that the regulatory reform ordinance outlines the appeal process for administrative determination appeals to the Hearing Examiner. Paul McIlrath reported that he understands the regulatory reform appeal process, but he is concerned about how that process is handled by the County. Permit Technician Michelle Grewell reported that even exemptions to density provisions go through a subdivision process which requires notification of adjacent property owners. The Board then reviewed the twelve exemption scenarios. Chairman Wojt stated that he doesn't like scenario Number 6 (2 approved septic system permits that are not yet installed.) Commissioner Harpole asked how many instances there are like this scenario? AI Scalf reported that of7 applica- tions on his desk there is one that is like this scenario. Currently a property owner cannot apply for two septic permits for one parcel (lot) ofland. Michelle Grewell explained that the Ordinance that the Board approved on August 19, 1996, states that unexpired sewage disposal permits which were valid prior to the effective date of the moratorium (which was November 21, 1995) may apply. This has been interpreted to mean that even an expired sewage disposal permit that was valid prior to the effective date of the moratorium is eligible to apply for the exemption. This needs to be clarified with a time frame or an expiration date. AI Scalf added that he had asked for a sunset period on the septic permit. The discussion then turned to the appeal process for these exemptions. Commissioner Harpole noted that his concern isn't for the projects that are currently in the processing pipeline. His concern is for new subdivision applications, that will be submitted because of the differences between the two maps. He doesn't feel it will damage anyone if a moratorium is placed on new applications for subdivisions. There are 13,000 buildable lots existing. A moratorium will protect the interest of the County as a whole to give this planning opportunity a real chance to work. AI Scalf explained that these exemptions are only for applications that are currently in the processing pipeline, and in the case of the septic permits it only applies to applications that had valid septic permits prior to the effective date ofthe moratorium (November 21, 1995). There was further discussion of the subdivision process and how septic system permits fit into that process. Commissioner Huntingford moved to direct staff to continue with the 12 scenarios for administrative determinations on requests for exemptions to density requirements for subdivisions which are currently in the processing pipeline. Commissioner Harpole seconded the motion and made a friendly Page 5 ..YOL 23 ,A.s: 216 Commissioners Meeting Minutes Week of April 7, 1997 j~ ~y amendment that the Planning Department develop sunset language to be added to Scenario NO.6 which will be reviewed by the Board. Commissioner Huntingford accepted the friendly amendment to his motion. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. Commissioner Harpole moved to direct Planning Department staff to draft a proposed ordinance and substantiating information to impose a moratorium on new subdivision applications and to have it ready for discussion and possible emergency adoption next week. (The motion died for lack of a second. ) Commissioner Huntingford asked if Commissioner Harpole wants to see the documentation before an emergency ordinance is drafted? Commissioner Harpole stated that his assumption is that there is a lot of activity going on. He stated that if the substantiating evidence is not there, he will not go forward with an emergency ordinance. He doesn't see a sense of harm to the community from a moratorium on new subdivision applications. Commissioner Huntingford pointed out that when a moratorium is passed it is usually the small property owner that is affected more than the large developer. He noted that he would like to have more discussion on this. Chairman Wojt noted that direction can be given to staff to prepare the information for review at next week's meeting. PUBLIC WORKS Restoration Options for Old Gardiner Road: Commissioner Huntingford moved that the County go forward with Option 2 or 2A whichever is most cost effective for the County. Commissioner Harpole seconded the motion. Chairman Wojt suggested that another public hearing be held before a final determination is made on this because he feels that Option 3 is the better option. Commissioner Huntingford noted that Option 3 requires that the County acquire right-of-way. Chairman Wojt noted that he feels another public meeting should be held on Options 2A and 3. Klara Fabry reported that if the Board chooses Option #3 the public process for road abandonment needs to be started. The discussion continued regarding the two options under consideration. Katherine Baril pointed out that an alternative route being available if there is an earthquake in the area is a health and safety issue that should be addressed. Chairman W ojt reported that the State was asked if the Old Gardiner Road is necessary as an alternate route in case of emergency, and they reported that they could have Highway 101 open in a short period of time. Chairman Wojt called for a vote on the motion. Commissioner Huntingford and Commissioner Harpole voted for the motion. Chairman W ojt voted against the motion. The motion carried. Solid Waste Advisory Committee (S. W:A. C) Report on Routine Activities: (Postponed until April 14, 1997 agenda). Page 6 VOL 23 rArI: 217 Commissioners Meeting Minutes Week of April 7, 1997 @'''(".'' .~ ~ oJ r...N\1'\.{,i' Request to Waive fees for Earth Day Cleanup; Port Townsend Civic Trust Main Street Program: David Goldsmith reported that a fee waiver request has been submitted for the dumping fees from the Earth Day cleanup on April 18. The County's policy is that when a fee is waived the fee amount will be transferred from an appropriate fund to the fund the fee would normally go to. The Public Works Department has indicated that the reimbursement of90% of this dumping fee should come from the Community Services Fund, with 10% coming from the County Road fund. He questioned how much of the garbage will come from properties other than the public road rights-of-way and how much would come from the City? AI Scalf reported that last year there was 8 or 9 tons of garbage collected County-wide, and of that he knows that at least 5 tons came from the County. David Goldsmith added that he feels that if the garbage comes from the road right-of-way or an area adjacent to it, the fee should come from the County Road Fund. The City should participate in reimbursing the fee generated by garbage collected within the City. There should be a way to determine where the garbage is coming from, so that the fee can be distributed among the appropriate agencies. Commissioner Harpole moved to have David Goldsmith discuss this with the Public Works Department and the City regarding the percentage of the garbage that comes from the road rights-of- way and from the City. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Katherine Baril, Cooperative Extension re: Department Activity Update: Katherine Baril updated the Board on the programs and activities ofWSU Cooperative Extension as well as the training programs being provided to County employees and others. The computer lab will be up and running by April 15, 1997. A grand opening for the WSU learning Center has been scheduled for Wednesday June 4, 1997. The Board then met in Executive Session with the Prosecuting attorney regarding potential litigation. Revised Conciliation Agreement with Greywolf Ranch: Commissioner Harpole moved to direct the Prosecuting Attorney to sign the revised conciliation agreement with Greywolf Ranch. Commissioner Huntingford seconded the motion which carried by a unanimous vote. The meeting was recessed at the end of the scheduled business and reconvened on Tuesday morning. AIl three Board members were present for the Water Resources Workshop (Continued from March 5, 1997), and the "On The Road" meeting that evening at the Port Ludlow Bay Club. Page 7 ;tOL C""'r- 1""'.1..... ~~j rA(;~ ~ D Commissioners Meeting Minutes Week of April 7, 1997 ~"'" . , "", ..'U,~i~ LETTER OF AGREEMENT re: Road Improvement District Work; Foster Pepper and Sheffelman: Commissioner Harpole moved to approve and have the Chairman sign the letter of agreement with Foster Pepper and Sheffelman as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. .....- . \ . l "., ""',. MEE~" eJA1x~~' l, "'0 :... t ~ J >\ I ..... . . t '. ' . ..\....1 e : .., . /,' \ ,!"'. , I, I . -' I . ~.FAt. :\.," ,. . y '. : l.!/ \...... . \ ... ! .... . ~ , Al\tE$~. -: . ~./' \ . . 1 .. ""'.' If:;) "','" ' ~~.~ Lorna Delaney, (:IIj:; r Clerk of the Board Page 8 VOL 23 tAr.: 219