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HomeMy WebLinkAboutM122297 JEFFERSON COUNTY BOARD OF COMMISSIONERS Daniel Harpole, Member Glen Huntingford, Member Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Lorna L. Delaney Gary A. Rowe David Goldsmith MINUTES Week of December 22, 1997 The meeting was called to order by Chairman Richard W ojt. Commissioners Daniel Harpole and Glen Huntingford were both present. Approval of Minutes: Commissioner Harpole moved to approve the minutes of November 17,24, December 1, and 8, 1997 as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Treasurer, Judi Morris reo' Close Out of an Open Space Agreement: Treasurer Judi Morris asked the Board for direction on how to proceed on an Open Space Agreement with Arvid Quam. Mr. Quam has not made a payment since 1989 when he entered into the fee in lieu of Open Space agreement. She advised that if he was charged interest, as property owners who owe taxes would be, he would owe $4,869.20 in interest alone. Prosecuting Attorney David Skeen suggested that the Board give the Treasurer the authority to negotiate with Mr. Quam on the amount of interest that will be accepted to close out this agreement. Commissioner Harpole moved to have the Treasurer negotiate with Arvid Quam on the interest owed per the Open Space Fee Agreement. Commissioner Huntingford seconded the motion which carried by a unanimous vote. PUBLIC SERVICES BRIEFING SESSION: Director of Public Services Gary Rowe reported that the Water Team met last Friday and they recommend that a grant application be submitted for Water Resource Inventory Area (WRIA) 20 and 21 with Jefferson County as the lead agency. He asked if the Board would contact the Commissioners in Clallam and Grays Harbor Counties about this. Page 1 ',' "0,'_ :)')" nQ ~ . ....... ~.) t:~ j" ~v'~ - Commissioners Meeting Minutes: Week of December 22, 1997 This would give Jefferson County a more substantial role in water planning in the West End of Jefferson County. Commissioner Huntingford will call Clallam and Grays Harbor Counties. Deputy Director of Public Services David Goldsmith reported on a meeting with representatives of businesses that generate HotellMotel tax funds. They are supportive of the Board increasing this tax as allowed by new legislation, but are concerned about how these increased funds will be spent. David Goldsmith will draft an ordinance for the Board to review after the first of the year. Once the ordinance is passed, another meeting of this group will be scheduled to address the issue of how these additional funds will be distributed among the groups that received HotellMotel funding. PUBLIC COMMENT PERIOD: The following comments were made: a comment that the Sylvester Long Plat was changed by the applicant and should not be reconsidered by the Board without a public hearing. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Harpole moved to delete Items 1, 3, 4, 5, 6, 7, 19,20,21,22 and 23 and to approve the balance of the items as submitted. Commissioner Huntingford seconded the motion. After a discussion of the 1998 budget, the Chairman called for the vote. The motion carried by unanimous vote. 1. DELE TE Resolution re: Adopting the Annual Budgetfor 1998 Including the General Fund, Public Works, Special Funds, Jefferson County Road Construction Program and County Tax Levy 2. RESOLUTION NO. 133-97 re: Hearing Notice for Proposed 1997 Budget Appropriations/ Extensions; Various County Departments; Hearing Scheduled for Monday, January 5, 1998 at 3:15 p.m. in the Commissioners' Chambers 3. DELETE Resolutionre: Increase for the County Levy for 1998 Taxes 4. DELETE Resolution re: Increase for the County Road Levy for 1998 Taxes 5. DELETE Resolution re: Increase to the Jefferson County Regular Property Tax Levy Above the Rate of.Inflation 6. DELETE Resolution re: Increase to the Jefferson County Road Property Tax Levy Above the Rate ofInflation 7. DELETE Letter Setting the 1998 Real and Personal Property Levy Amounts; Assessor Jack Westerman 8. CONTRACT re: 1997-98 School Health Services: Mandated Screening Programs, Communicable Disease Prevention, and Human Growth and Development Education; Jefferson County Health and Human Services; Port Townsend School District No. 50 9. AGREEMENT re: Infant/Toddler Early Intervention Program; Jefferson County Health and Human Services Department; Concerned Citizens 10. AGREEMENT re: Video Tape Training Programs; Government Services Television Network (G.S.T.N.) 11. AGREEMENT re: Lease Agreement for Photo Copier Storage; Jefferson County Auditor's Office; Charter Title, Jefferson Title, and Land Title Companies 12. AGREEMENT re: Employment Agreement, Capital Facilities Coordinator; Jefferson County Public Works; Kirk Pawlowski 13. AGREEMENT re: Employment Agreement, Planning Technician; Jefferson County Planning Department; Randall Kline Page 2 ~ VOL 23 rAG~995 - Commissioners Meeting Minutes: Week of December 22, 1997 CONSENT AGENDA - Continued: 14. FOUR (4) AGREEMENTS re: 1998 Community Services Grant Funding; 1) Jefferson County Conservation District; 2) Port Townsend Senior Association; 3) Clallam-Jefferson Community Action Council; and 4) Jefferson County Economic Development Council 15. FOUR (4) AGREEMENTS re: Purchase of the Moderate Risk Waste Facility; Jefferson County Public Works; Port of Port Townsend . Purchase and Sales Agreement . Interlocal Government Agreement . Land Lease (Moderate Risk Waste Facility) . Hazardous Substances Warranty and Agreement 16. HEARING NOTICE re: Community Development Block Grant for Disaster Recovery from the November/December 1995 Storm; Hearing Scheduled for Monday, January 5, 1998 at 3:30 p.m in the Commissioners' Chambers 17. Request for Grant Funding, $1,899.00; Installation of an Automatic Door Opener at the Entrance of the Port Townsend Community Center; Port Townsend Community Center/Senior Association 18. Final Plat Approval, SUB96-0015, Dom's Dream Short Plat; To Divide 78.35 Acres into 2 Lots for RecreationallResidential and Forest Use; Located off of Highway 101, Brinnon; Nick Harper, Applicant 19. DELETE Final Plat Approval, SUB96-00 17, Fultz Short Plat; To Divide 5 Acres into 2 Lots for RecreationallResidential Use; Located off ofSt. James Place, Port Townsend; James Fultz, Applicant 20. DELETE Final Plat Approval, SUB97-0004, Lagoon View Long Plat; To Divide 101 Acres into 11 Residential Lots; Located off of Whitney Road, Quilcene; William Whitney, Applicant 21. DELETE Final Plat Approval, SUB97-0011, Schenk Short Plat; To Divide 4.55 Acres into 3 Lots for Recreational/Residential Use; Located off of North Bayview Drive, Port Ludlow; Glen and Edna Schenk, Applicants 22. DELE TE Final Plat Approval, SUB97 -0019, Potters Bay Vista Short Plat; To Divide 8.16 Acres into 2 Lots for RecreationallResidential Use; Located off of Oak Bay Road, Port Hadlock; Vivian Potter, Applicant 23. DELETE Final Plat Approval, LL-02-93, Eagle Ridge Large Lot Subdivision; To Divide 37 Acres into 7 Residential Lots with a 5.73 Acre Open Space Tract; Located off of Oak Bay Road, Port Hadlock; Tarboo Traders, L.L.C. 24. Application for Assistance from the Veteran's Relief Fund; Service Officers Association in the Amount of $295.00 25. Two (2) Food and Beverage Purchase Requests; $61.32 For Lunch on December 6, 1997, and $70.00 for Lunch on January 3, 1998, while Reviewing Comprehensive Plan; Jefferson County Planning Department; Jefferson County Planning Commission COUNTY DEPARTMENT BRIEFINGS/BUSINESS COMMUNITY DEVELOPMENT Discussion reo' Teal Lake Center Conditional Use Permit Application, File #ZON96- 0024; Dean Reynolds, Applicant: Director of Community Development Al Scalf reported that the Page 3 : VOL 23 fM,~996 Commissioners Meeting Minutes: Week of December 22, 1997 Jefferson County Superior Court has ordered Jefferson County to issue the Conditional Use Permit for the Teal Lake Center. The Hearing Examiner's record was reviewed for vesting of portions of the Phase I application, and the Hearing Examiner recommends approval for a car wash, an espresso stand, a convenience store, and a traveler's services retail. Staff recommends that the Board approve this project as ordered by the Superior Court. Chairman W ojt stated that it is his understanding that there is still a question about the items that are to be included in this permit. Al Scalf reiterated that the Hearing Examiner's recommendation was reviewed for what was vested and what is included in the project to be permitted. Commissioner Harpole stated that his understanding of the process is that the decision from the Court has to be posted and people with standing are given notice of the decision so that they can appeal the Court's decision if they chose. Commissioner Huntingford asked who had standing since there was not an appeal of this project? The process for this notification on the decision of the Court was then discussed. The Board asked that Planning request a decision from the Prosecuting Attorney about whether the County must advertise this Superior Court decision before it can be acted upon. Later in the Day: Deputy Prosecuting Attorney Paul McIlrath presented a memo regarding the Superior Court decision on the Teal Lake Center. He suggested that the Board issue a Notice of Compliance with an Order of the Court. He then noted that the Superior Court was not clear about what is being approved. He added that information from a memo dated 3/21/97 from Jerry Smith to Al Scalf lists what should be included in the permit. Al Scalf stated that he disagrees with the Prosecuting Attorney on what should be included in the permit. The Hearing Examiner stated in his findings that parts A and B of Phase 1 were being reviewed. Paul McIlrath pointed out that he doesn't feel that the Hearing Examiner was being specific about what was included in Phase 1 of this development. David Skeen reported that their office has only seen the application for Phase 1 of this development and that is all that is vested. Commissioner Huntingford asked if the EIS was done on the whole conceptual plan which included Phase 1 and 2? Al Scalf reported that the EIS was done on the whole conceptual plan. Commissioner Huntingford questioned what will happen with the next Phase of this development when the regulations are changed for the tightlined commercial areas? Paul McIlrath cautioned the Board to not approve a project beyond what is in the application and the Planning staff s interpretation of that application. Al Scalf asked if the Superior Court can be asked what is vested in the application? Paul McIlrath explained that the Court was only reviewing the issue of what had been remanded to the Hearing Examiner. Commissioner Harpole moved to issue a Notice of Decision in compliance with an Order of the Court for the application known as Teal Lake Center, Phase 1, including 10,500 square feet of traveler's service retail space, plus the espresso stand, car wash, and convenience store. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Page 4 I VOL . 23 rArl~997 Commissioners Meeting Minutes: Week of December 22, 1997 Reconsideration reo' Long Plat Subdivision #SUB97-0009, To Divide 40.09 Acres into 8 Lots; Located off of Glen Drive, Coyle; Jane Sylvester, Applicant (See Minutes of December 15, 1997): Al Scalf stated that there is concern about the appeal process for this application. He has discussed this with the Prosecuting Attorney and they recommend that the Board remand this back to the Hearing Examiner for an open record hearing. Commissioner Huntingford noted that this is the process that was also followed on the Teal Lake Center application which eventually went before the Superior Court and resulted in a determination that the County must issue the permit because the application was vested. This application was originally taken off the Consent Agenda for additional wording to prohibit redevelopment of one large parcel. Commissioner Harpole stated that the wording that was developed and presented at the December 1 1997 meeting wasn't adequate. At that same meeting, he raised another issue regarding the County's lack of criteria for clustering. Commissioner Huntingford stated that the applicant has complied with the ordinances in effect at the time the application was submitted. The discussion continued regarding the proposed densities in this plat, the benefits of clustering, and the County's lack of criteria for clustering. Commissioner Huntingford noted that this plat is similar to the other plats that are on the Consent Agenda for final approval today, and these applicants have gone through the County's process in good faith, making every effort to meet the County's requirements. Chairman Wojt asked what the Board needs to do to give direction to staff to not bring these types of projects forward? Al Scalf advised that if the Board made a decision to deny these applications, he would take them back to the applicants and advise them to reconfigure their projects to meet the regulations in place. Assistant Planner Michelle Grewell read from Section 5.30 of the Interim Growth Strategy Ordinance which states "Clustering in residential development is accepted and encouraged by the County." In addition, HB 1724, RCW Chapter 36.70 states "If during project review, a County or City planning under this RCW identifies deficiencies in plans and regulations: A) the permitting process shall not be used as a comprehensive planning process, B) the project review shall continue, and, C) the identified deficiency shall be docketed for possible future plan or development regulation amendments." The discussion continued regarding the decisions in a few cases that have gone to the Superior Court from Jefferson County. Commissioner Harpole moved to deny this application. The motion died for lack of a second. Commissioner Huntingford moved to remand this application back to the Hearing Examiner. Chairman W ojt seconded the motion and called for the vote. Commissioner Huntingford and Chairman W ojt voted for the motion. Commissioner Harpole voted against the motion. The motion carried. Final Plat Approval, SUB97-0004, Lagoon View Long Plat; To Divide 101 Acres into 11 Residential Lots; Located off of Whitney Road, Quilcene; William Whitney, Applicant: Commissioner Huntingford moved to issue this final plat approval. The motion died for lack of a second. Michelle Grewell reported that every lot in this proposed subdivision has a proposed gross density of 5 acres or greater. Commissioner Harpole asked if there is language about future subdivision of the lots that are greater than 20 acres? Michelle Grewell reported that the large lots are part of the Page 5 ~ VOL 23 rAr,~ 998 Commissioners Meeting Minutes: Week of December 22, 1997 forestlands designation, which have regulations on future subdivision. Commissioner Huntingford moved to issue final plat approval for SUB97-0004. Chairman Wojt seconded the motion. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. Final Plat Approval, LL-02-93, Eagle Ridge Large Lot Subdivision; To Divide 37 Acres into 7 Residential Lots with a 5, 73 Acre Open Space Tract; Located off of Oak Bay Road, Port Hadlock; Tarboo Traders, L.L. C: Al Scalf reported that this project was vested in 1993 with densities of one unit to one acre, which was allowed in this area under the rules in place at that time. Commissioner Huntingford moved to issue final approval of Subdivision No. LL-02-93. Commissioner Harpole seconded the motion which carried by a unanimous vote. Final Plat Approval, SUB97-0019, Potters Bay Vista Short Plat; To Divide 8.16 Acres into 2 Lots for Recreational/Residential Use; Located off of Oak Bay Road, Port Hadlock; Vivian Potter, Applicant: Commissioner Harpole questioned the wording in one of the conditions on this short plat. The densities in this area are one to five acres. There are two buildings and two legally permitted and installed septic systems. Commissioner Huntingford moved to issue final approval for the Potters Bay Vista Short Plat. Commissioner Harpole seconded the motion which carried by a unanimous vote. Final Plat Approval, SUB97-0011, Schenk Short Plat; To Divide 4.55 Acres into 3 Lots for Recreational/Residential Use; Located off of North Bayview Drive, Port Ludlow; Glen and Edna Schenk, Applicants: Michelle Grewell reported that this property has existing structures, septic systems and a 3 party well. Commissioner Huntingford moved to issue approval for SUB97-0011, the Schenk Short Plat. Commissioner Harpole seconded the motion which carried by a unanimous vote. Final Plat Approval, SUB96-0017, Fultz Short Plat; To Divide 5 Acres into 2 Lots for Recreational/Residential Use; Located off of St, James Place, Port Townsend; James Fultz, Applicant: This property is five acres of raw land with two approved septic permits. The density in the area is one unit per five acres. Commissioner Huntingford moved to approve Short Plat SUB96-00 17. Commissioner Harpole seconded the motion. Commissioner Harpole stated that he has concerns about the information on page 9 of the staff report which states that there is only one active septic system permit on this parcel. Al Scalf explained that the second septic permit was not approved for renewal because the emergency ordinance was put into place that changed the County regulations. Commissioner Huntingford noted that more than one septic permit cannot issued on a single parcel any longer. It was noted that this application was made when this was still allowed. The Chairman called for a vote on the motion. Commissioner Huntingford voted for the motion. Chairman W ojt and Commissioner Harpole voted against the motion. The permit was denied. Page 6 ~ VOL 23 rM,f999 Commissioners Meeting Minutes: Week of December 22, 1997 PUBLIC WORKS Hearing Examiner's Findings, Conclusion and Decision reo' Petition to Vacate a Portion of PlattedlUnopened 3rd Street; Located in the Plat of Somerville, West of Ness' Corner and Rhody Drive Intersection, Port Hadlock; Mark and Deena Blakesly, Petitioner: Commissioner Huntingford asked how Attorney Tom Majhan's concerns regarding statutory vacations will be addressed in this case? Terry Duff, Public Works Department, explained that there will be wording put in the final vacation documents that the private easements will be recognized. Commissioner Huntingford moved to adopt the Hearing Examiner's findings, conclusions and decision and approve the petition to vacate as recommended. Commissioner Harpole seconded the motion which carried by a unanimous vote. Director's Update: Klara Fabry reported: . Last Friday the traffic on the Upper Hoh Road was limited to one lane due to concerns regarding the structure of the road. This traffic pattern will remain in effect until the road is stabilized. . A department meeting will be held next week to discuss options for development of the Larry Scott Memorial Trail project and a recommendation will be brought to the Board. . The schedule for the MRW facility will change on January 3, 1998 to coincide with the schedule at the Transfer Station. Briefing reo' Task Force Meeting; Land Use Permit System Reform: Susan Gulick reported on the first Task Force meeting. Ted Hunter explained about the four (4) documents that will be prepared in draft form prior to the next Task Force meeting. 1) A revised consolidated permit review ordinance 2) A code interpretation ordinance 3) Rules of Procedure for all hearings on permit applications and appeals 4) Guidelines for land use decisions There was a discussion about the draft ordinances. These will be reviewed and discussed with the Task Force at their next meeting in January. David Christensen, Environmental Health reo' Watershed Planning: Environmental Health Specialist Dave Christensen presented information from the Water Team regarding watershed planning in the West End of Jefferson County. This included a grant application for funding for initial organization of the watershed planning for this WRlA. Page 7 VOL 23 fACt 1000 Commissioners Meeting Minutes: Week of December 22, 1997 The Board meet in Executive Session with Deputy Director of Public Services and Director of Community Development regarding personnel and a second Executive Session with the Prosecuting Attorney and the Public Works Director regarding potential litigation. AGREEMENT reo' Employment Separation; Richard and Sheri Suryan: Commissioner Huntingford moved to approve the employment separation agreement for Richard and Sheri Suryan and that the agreement remain a confidential document. Commissioner Harpole seconded the motion which carried by a unanimous vote. 1998 Budget Adoption: Commissioner Huntingford noted that he is concerned about picking up the additional amounts not levied from 1997. He suggested that the approximate $70,000 shortfall for this year could be made up in the Long Range Planning and Permit Center budgets. Chairman Wojt asked how much flexibility there is in the currently proposed budget? Budget Manager Gary Rowe noted that there were several positions added during 1997, prior to the adoption of the 1998 budget, which means that there is no flexibility in the budget. During the final meetings to balance the budget the Board directed that $20,000 be added to the Cooperative Extension budget, and extra funding be added for larger facilities maintenance projects. These increases were offset by some changes in the budget for the Prosecuting Attorney's Office. There was a discussion about diverting Road Funds to the Current Expense Fund. Commissioner Huntingford stated that he feels the Board should review the staffing levels and the 1997 levels should be maintained. He asked if the other Board members feel that no cuts can be made in the Planning budget? Chairman W ojt stated that in his opinion these issues have already been addressed. Commissioner Harpole noted that he shares some of Commissioner Huntingford's concerns, but he feels that the Comprehensive Planning process needs to be completed. The new Planners that have been hired have been hired on one year contracts and those contracts will not be continued. Commissioner Harpole noted that the Board still has to address the issue of salaries for the Director and Deputy Director of Public Services. Commissioner Huntingford added that these two positions were redlined at the first of the year and now is the time for that decision to be reviewed. The step increases and COLA adjustments for these two positions have been put in the 1998 budget, but that doesn't mean that the increase will be approved by the Board, The Board members concurred that they will discuss this at a later date, Commissioner Harpole moved to approve the following items for the adoption of the 1998 budget: RESOLUTION NO. 134-97 re: Adopting the Annual Budget for 1998 Including the General Fund, Public Works, Special Funds, Jefferson County Road Construction Program and County Tax Levy RESOLUTION NO. 135-97 re: Increase for the County Levy for 1998 Taxes Page 8 t 1,'01_ 23 r ,~f.~ 1001 Commissioners Meeting Minutes: Week of December 22, 1997 RESOLUTION NO. 136-97 re: Increase for the County Road Levy for 1998 Taxes RESOLUTION NO. 137-97 re: Increase to the Jefferson County Regular Property Tax Levy Above the Rate of Inflation RESOLUTION NO. 138-97 re: Increase to the Jefferson County Road Property Tax Levy Above the Rate of Inflation Letter Setting the 1998 Real and Personal Property Levy Amounts; Assessor Jack Westerman Commissioner Huntingford seconded the motion. Commissioner Harpole stated that one of his fears when he came into office was that the budget would have to be increased to allow for the Comprehensive Planning process and he will work to reduce the budget once the Planning process is finished. The Chairman called for a vote on the motion. Commissioner Harpole and Chairman W ojt voted for the motion. Commissioner Huntingford voted against the motion. The motion carried. The meeting was recessed at the end of the scheduled business and reconvened on Tuesday morning with all three Board members present. After making a site visit to H. J. Carroll Park the Board attended the a workshop on Land Use Inventory. Five (5) EMERGENCY AGREEMENTS reo' Emergency Work on Upper Hoh Road: Commissioner Harpole moved to approve the following agreements regarding emergency work on the Upper Hoh Road in the West End: Labor and Equipment; JC-1-Hydraulic Excavator; for Emergency Project X01313; Rognlin's Inc. Labor and Equipment; Trucks Dump 4 Axel (3), JC-6, JC-7, JC08; for Emergency Project X01313; Rognline's Inc. Labor and Equipment; Spawls, Clean; Spawls, Dirty; for Emergency Project X01313; Seton Construction Labor and Equipment; JC-2 Hyd. Exc.; JC-3 Dozer W/6 Way Blade; JC-4 Truck Dump 4 Axcel; JC-5 Truck Dump 4 Axcel; for Emergency Project X01313; Seton Construction Labor and Equipment; Rip Rap, Clean; for Emergency Project X01313; Seton Construction Page 9 , VOL 23 f.~r.= 1002 Commissioners Meeting Minutes: Week of December 22, 1997 CO,mmissioner Huntingford seconded the motion which carried by a unanimous vote. .....,........'..... ....... MEETING ADJOl,Jf{NED ~ _ · 4 I.:: ' .. / J ., . ;r. .v. . /: :\: "~/: '>.' . ." ~ .... \! \ .' '. " ' ; oifI ... -,',,,..~ , \ ---.. ',' '" .' ... . ATTEST: "',~ . ~~,~~~ Clerk of the Board (f SEAL: Richard W ojt, Chairman y~.#~/' Glen HuQ07d~m:lfer Id~e~ Page 10 : VOL 23 f,~f,f 1003