HomeMy WebLinkAboutM072202District No. 1 Commissioner: Dan Titterness
District No. 2 Commissioner: Glen Huntingford
District No. 3 Commissioner: Richard Wojt
County Administrator: David Goldsmith
Deputy County Administrator: Gary Rowe
Clerk of the Board: Lorna Delaney
MINUTES
Chairman Richard Wojt called the meeting to order at the appointed time. Commissioners
Glen Huntingford and Dan Titterness were both present.
APPROVAL OF THE MINUTES: Commissioner Titterness moved to approve the minutes
of June 24, 2002 and July 1 and 8, 2002 as presented. Commissioner Huntingford seconded the motion
which carried by a unanimous vote.
COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator David
Goldsmith updated the Board on the following:
* Procedures for distribution of Community Investment Funds will be finalized in the proposed
ordinance.
* A mediation meeting is scheduled in August for the Gunstone claim on the Old Gardiner Road
washout.
* Contract negotiations with the Teamsters Union representing Public Works, Central Services, and
Information Services employees have stalled, and the Union has asked that this be taken to mediation
with the State Public Employees Relations Committee.
* There is still a hiring freeze in place; but there are some "clerk hire" and other positions that need to
filled. David Goldsmith asked if the Board wants to review each request to fill positions that are
currently in the staffing schedule? Commissioner Titterness said that as long as the FTE count for the
departments is maintained, he is willing to have the County Administrator manage this process.
Chairman Wojt agreed and noted that the County Administrator was hired to manage staff.
Commissioner Huntingford also agreed, but said that he wants the departments to be aware that
programs may be cut in the 2003 budget process and they need to look ahead and review the overall
impact of positions on the budget.
* The Public Defender conflict contract has been renegotiated with a 10% reduction, and an
amendment will be presented to the Board for approval.
* The current E-911 Group will meet for the last time this week and the new User's Group (defined in
the ordinance) will take over after August 1, 2002.
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Commissioners Meeting Minutes: Week of July 22, 2002
Commissioner Huntingford noted that the traffic congestion at the intersection of SR19 and Highway
104 is getting worse. He asked that the State be contacted about plans for the intersection because it
will affect the Visitor's Center to be located in this area.
PUBLIC COMMENT PERIOD: The following comments were made: There is an effort
by some people to make it seem as if the County Commissioners are "on the take" and the person
commenting has never heard anything to indicate that the County Commissioners are not honest and he
suggested that the Prosecuting Attorney be asked to question the person making these charges.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Huntingford moved to approve and adopt all of the items on the Consent Agenda as presented.
Commissioner Titterness seconded the motion which carried by a unanimous vote.
1. PROCLAMATION re: Proclaiming July 29 and 30, 2002 as Tribal Odyssey Days
2. AGREEMENT re: Real Property Lease for Proctor Home Residence; Jefferson County Juvenile
Services; Marsha Eades
3. AGREEMENT No. 0163-03573, Amendment No. 1 re: Consolidated Contract; Jefferson County
Juvenile Services; Washington State Department of Social and Health Services
4. AGREEMENT re: Lease of Office Space at Federal Building; Jefferson County Central Services;
United States Postal Service
5. AGREEMENT re: Chip Seal Public Roads Within Woodland Hills No. 2; Jefferson County Public
Works; Eagle Eye, Inc.
6. Notice of Cancellation of Board of County Commissioners Meeting; Monday, August 12, 2002
7. Final Long Plat Approval; Mats View Meadow, #SUB94-00102 and #ZON95-00053; To Divide 21
Acres into 19 Residential Lots; Located off of Oak Bay Road, Port Ludlow; Harold and Mary Ann
Moe, Applicants
8. Advisory Board Appointment: Karen Barrows to serve a two (2) year term on the Jefferson County
Solid Waste Advisory Committee (SWAC) Representing District #2; Term Expires July 22, 2004
9. Advisory Board Appointment: Mary Hedberg to serve a four (4) year term on the Jefferson County
Noxious Weed Control Board Representing Weed Board District #1; Term Expires July 22, 2006
Update on Sheriff's Office Administration Building and E-911, Dispatch and EOC
Remodel Project: David Goldsmith explained that the Board has raised some issues that need to be clarified
before moving forward with this building and remodel project. There are 3 things that have an impact on the
project: 1) scope, 2) schedule, and 3) budget. Chairman Wojt suggested that the need being fulfilled should
be discussed. David Goldsmith advised that the scope addresses the current and long term needs.
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Commissioners Meeting Minutes: Week of July 22, 2002
Gordon Ramstrom, Public Works, stated that the project is based on the current needs and doesn't address
thel2 year projected need as provided in the consultants report. The 2002 projection has already been
exceeded, but the expectation of the Programming Group is that the density can be adjusted within that
projection since the current facility was at capacity when they moved into it 20 years ago. There is program
space that can be changed.
The reason for this building is that the space where the staff works is over-utilized and the E-911 services
need more space. Public Works Director, Frank Gifford, advised that the Programming Group felt that they
couldn't propose a building at this time that would meet the 10 year projection because of the concerns about
keeping the costs down. This building could be expanded in the future. The Board members concurred that
the building is needed, but Commissioner Titterness noted that originally the budget was at the top of the list
of items to be considered. He asked why the priority has changed?
David Goldsmith reported that the raw cost for construction of the Sheriffs Administrative Building is within
the budget, but there are other parts of the project included in that figure such as the septic system.
Commissioner Titterness said that the County budgeted $750,000 for the building. $1.5 million was set aside
in the Capital Projects budget with half of the budgeted amount to go to this project. David Goldsmith
replied that this was done before the size and the details of the building were calculated. The Board needs to
decide if they want to build a structure that doesn't cost as much up front or a structure that will not cost as
much to maintain.
Commissioner Titterness stated that he has read the report and he feels the option that has been pre-designed
would be the most costly to maintain. Frank Gifford explained that this project is in the pre-design stage and
the mid to lower range for public sector construction has been used. This doesn't mean they know what type
of building will be planned because this is just a typical scenario for a building. If there's not enough money,
something will have to be cut from the scope. They haven't done any design work yet. Pre-design is before
an architect is involved. With the suggestions submitted by Commissioner Titterness the total project costs
of $3 million would be brought down to $1.6 million.
After further discussion of Commissioner Titterness' suggestions, Gordon Ramstrom explained that the
concept is that the design contingency goes away as the project is completed. He added that a C100 State
guideline form is used as an industry standard for public projects. Commissioner Titterness stated that the
County isn't in the type of environment anymore in which this State form was developed. Government has to
cut back. The Board is to set policy and the policy has been set by the citizens that government can't
continue to do "business as usual."
David Goldsmith noted that the preliminary cost projections include costs that are built in by formula which
may never actually be charged. The next step is the design of the building and the remodel and then the
contract will be put out for bid. There is financing for this project.
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Commissioners Meeting Minutes: Week of July 22, 2002
The Board concurred that they are satisfied with the scope of the project. Commissioner Huntingford asked
for some discussion on how to give preference to local contractors before the project goes to bid. Frank
Gifford will confer with the Prosecuting Attorney on this and check on the possibility of using the Federal
HUD Zone process for this project.
The Board met in Executive Session from 11:00 - 11:59 a.m. with Deputy Prosecuting
Attorney, the Director of Community Development and the Natural Resource Manager regarding actual
litigation.
HEARING re: Proposed Ordinance Regarding Seawater Intrusion Protection: Dave
Christensen, Natural Resource Manager, reported that the UDC was appealed to the Western Washington
Growth Management Hearings Board because the appellants felt that certain provisions did not adequately
protect water quality and aquifers in critical aquifer recharge areas. The Hearings Board directed the County
to correct the matter within 180 days. Staff had several meetings with a committee of 9 interested citizens
and drafted a recommendation to the Board. Staff then developed the citizens committee's recommendation
into an ordinance. All of the unanimously supported committee recommendations are included in the
proposed ordinance that was sent to the Planning Commission for their review and report.
Al Scalfreported that the proposed ordinance revises Section 3.65 of the UDC.
Chairman Wojt opened the public hearing.
Tom McNerney, 354 Pt. Whitney Road, Brinnon, Chair of the Planning Commission, said that Dave
Christensen didn't mention that there has already been an initial change to this section of the UDC that was
reviewed by the Planning Commission and approved by the Board. It is his understanding that some of the
recommendations in the proposed ordinance were passed by a 5 to 4 vote of the citizen's committee and not
a unanimous vote. The Planning Commission has reviewed this draft and they are proposing a workshop with
the Board to learn about the latest technical scientific information available on sea water intrusion. The
County's objective is to prevent any further sea water intrusion. Areas of present intrusion and potential
intrusion have been identified. It is important to use the most effective methods of control that are efficient
to administer and fair to all property owners. The County needs to do it right the first time. There shouldn't
be any hidden agendas and the regulations in the ordinance need to be limited to protecting the County from
further seawater intrusion. Restricting residential development on all waterfront property would create a
burden for all the taxpayers of the County.
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Commissioners Meeting Minutes: Week of July 22, 2002
Phil Flynn, 698 Marrowstone Road, Marrowstone Island, stated that the Planning Commission has talked
with pump manufacturers about exotic equipment already being used in Island County. He suggested that
Jefferson County invite them to a workshop to present information on the type of system that makes marginal
wells work. Overpumping is the biggest problem with sea water intrusion. A workshop on this information
would be valuable before the final regulations are adopted.
Tom McNerney explained that Island County uses GPS equipment that is submerged in a well for 24 hours.
When it is removed, it is plugged into a computer that can assess if there are any changes to the salinity in the
well. Also, the type of well drilling equipment that is used can make a difference in whether they find a fresh
water or saltwater layer.
Rita Kepner, 8643 Flagler Road, Marrowstone Island, thanked the staff for doing a good job of incorporating
all of the suggestions of the citizen's committee. She has read through the ordinance and it appears to her
that these were all unanimous recommendations with one exception when the vote was 7 or 8 in favor of the
recommendation. This ordinance does a good job clearing up any mis-information regarding saltwater
intrusion and if it is implemented, people will see that it isn't that restrictive. The ultimate protection is for all
senior water owners already living in this County. Newcomers are encouraged to hook up to public water
systems or use alternative water systems rather than drilling private wells and this is the way it should be.
There is nothing in the ordinance that forces people who already have wells to do anything they don't want to
do. She read a letter that she asked the Board to sign and send to all property owners in the sea water
intrusion protection zones. (See permanent record.) She urged the Board to take action on this ordinance as
it is written.
Dana Robert~, Port Townsend, called attention to a missing word in the document draft, Page 6, Section 32
at the first bullet. It should read "voluntary" or "volunteer" program.
Hearing no further public testimony, the Chair closed the public hearing.
Dave Christensen read a letter that was received from Arthur and Margaret Price. (See permanent record.)
The Board and staff discussed the process and the cost of the studies that Mr. Price erroneously thought he
would have to do to add another bathroom to his existing house. There are certain requirements in the
ordinance for remodels that are listed as conditions of the building permit including enrollment in the
monitoring program.
Commissioner Huntingford stated that the Board had discussed making these conditions necessary for new
residential construction only or remodels that require proof of potable water for the building permit. He
added that the GMA requires proof of potable water and he asked how the County will deal with this?
Alternative water systems were also discussed. Dave Christensen pointed out that these options were
important to the citizen's committee, but the reality of acceptable options can be difficult and expensive.
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Commissioners Meeting Minutes: Week of July 22, 2002
A1 Scalf, Director of Community Development, noted that there is not a minimum lot size threshold for the
sea water intrusion protection zones although there is a minimum lot size for septic standards for
development purposes. Dave Christensen reported that Island County and San Juan County both have
minimum lot size thresholds and explained the reasoning as it relates to aquifer recharge areas.
Commissioner Huntingford asked Deputy Prosecuting Attorney David Alvarez to review the "notice to title"
issue. David Alvarez answered that he does not feel it is in the power of a municipal corporation to do this,
although, in reviewing the RCW and case law, he has not found where it would be prohibited. In his opinion,
it tends to create a fear factor. Dave Christensen stated that the situation could be considered analogous to
property located inl00 year flood plains. Al Scalfreplied that the County doesn't require notice to title in
that case, although the County requires a notice to title in cases where drinking water does not meet EPA
standards. David Alvarez stated that he would prefer to see restrictive covenants or hold harmless
agreements done which would make the buyer aware of the possible conditions and give them the
responsibility of dealing with any future complications because of the conditions.
Commissioner Huntingford stated that he has one other issue concerning wells with high chloride readings
outside the coastal zone and how they would be impacted by the ordinance. He asked if they really need the
same requirements? Dave Christensen stated that the ordinance includes all wells with high chloride readings,
although, in the case of wells located far from the salt water, the Administrator can determine if they are
subject to the regulations in the ordinance. He pointed out several areas inland from the coast where there
are wells with high chloride levels that aren't attributed to sea water intrusion. In these cases, EPA drinking
water standards are used.
Josh Peters, Associate Planner, explained that one of the issues discussed by the Planning Commission was
whether a pump could be installed on wells in high risk sea water intrusion areas that would slow down or
shut off if a certain chloride level is reached. The pump would be installed instead of requiring a hydro-
geological assessment. Dave Christensen stated that staff is not ready to make a recommendation on
including this in the ordinance because they are not sure that it is a solution.
Commissioner Huntingford brought up the potable water issue again. The amount of water required for a
single family residence is not determined by the square footage or the number of bedrooms, as it is in the case
of a septic system. Commissioner Huntingford reiterated that this ordinance needs to apply to new, single
family residential construction only. Several scenarios were discussed.
Commissioner Titterness asked if the County will meet the Hearings Board requirements by August 7 if the
Board adopts the proposed ordinance based on the current recommendations? David Alvarez said that this is
staff' s opinion. Commissioner Titterness suggested adopting this language as an interim ordinance with a
timeline for adoption of a final ordinance after more research can be done. David Alvarez advised the Board
to approve the current draft as a final ordinance. There was a discussion about whether the petitioner to the
Hearings Board would have to sign off on the ordinance if it was updated. David Alvarez replied that any
changes can be appealed.
Page 6
Commissioners Meeting Minutes: Week of July 22, 2002
The Board reviewed the information that they want clarified in the ordinance before it is approved.
Alternative Systems: Qualifying alternative systems have conditions in order to meet public health standards;
but they are doable, and can be included as an option in the ordinance. The Board concurred that no change
is needed.
Trigger: Staff suggested that the language in the Coastal Policy on Page 2 would trigger this ordinance when
a property owner applied for a building permit. Prospective new development of single family residences is
the trigger. This does not include ADUs because they are associated with a single family residence. The
Board concurred that no change is needed.
Threshold Lot Size: The draft ordinance is silent on this. Dave Christensen stated that anything over 1 acre
would help to protect the aquifer. The more safety factor, the more likely it will pass the Hearings Board's
scrutiny. However, the size of a lot has nothing to do with the amount of chloride level in a well. The Board
agreed that threshold lot size does not need to be addressed in the ordinance.
Restrictive Covenant: The Board agreed not to change the wording.
Administrative Determination on Wells Not in the Sea Water Intrusion Protection Zones: There will be
specific criteria to address these wells. The Board concurred that there is no change.
Adoption as an Interim Ordinance: David Alvarez stated that he does not think this option is legally
defensible because an interim ordinance would probably not be acceptable to the Hearings Board.
Commissioner Huntingford and Commissioner Titterness agreed that it should be an official ordinance at the
time of adoption. Chairman Wojt stated that he thinks it should be adopted as an official ordinance now.
Addition to Language on Page 6: David Alvarez stated that if the chloride level is above 100 mg/L the
monitoring program is not voluntary.
Al Scalfwent over 2 minor revisions in the findings. Josh Peters added that they need to change an editing
error in the phrasing under Coastal SIPZ Mandatory Actions # 2, D. 9, IV, that says if public water is
unavailable, a qualified alternative system may be used as proof of potable water. This should read an
individual well may be used aspotable water. This will keep the policy consistent with the ordinance.
The Board agreed that a joint BOCC/Planning Commission workshop with Island County staff regarding new
technology be scheduled when Chairman Wojt returns from his vacation in mid-August and that the Board
continue their deliberations on this draft ordinance at 10:00 a.m. tomorrow.
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Commissioners Meeting Minutes: Week of July 22, 2002
Letter Forwarding Community Development Department's Letter Regarding Glen Cove
LAMIRD to the Jefferson County Planning Commission: Commissioner Huntingford moved to sign the
letter to the Planning Commission and send a copy to the City of Port Townsend. Commissioner Titterness
seconded the motion which carried by a unanimous vote.
AGREEMENT re: Professional Services for Completion of the Tri Area Urban Growth
Area (UGA) Designation Pursuant to the Growth Management Act; Jefferson County Department of
Community Development; Earth Tech: Commissioner Huntingford moved to approve the agreement for
engineering services with Earth Tech. Commissioner Titterness seconded the motion which carried by a
unanimous vote.
AGREEMENT re: Professional Services for Completion of the Tri Area Urban
Growth Area (UGA) Designation Pursuant to the Growth Management Act; Jefferson County
Department of Community Development; Economic and Engineering Services, Inc.:
Commissioner Huntingford moved to approve the agreement for engineering services with EES, Inc.
Commissioner Titterness seconded the motion which carried by a unanimous vote.
The Board recessed at the close of business on Monday and reconvened on Tuesday morning.
All three Board members were present. They met from 10:00 a.m. to 10:13 a.m. in Executive Session with
the Deputy Prosecuting Attorney, Director of Community Development, and Natural Resource Manager
regarding actual litigation.
Deliberations re: Proposed Ordinance Regarding Seawater Intrusion Protection: (See item
earlier in minutes.) Commissioner Titterness moved to approve the Seawater Intrusion Protection Ordinance
as amended in the Board's discussions on Monday. Commissioner Huntingford seconded the motion. He
explained that he is concerned about not listening to the Planning Commission's recommendation to wait for
adoption until a workshop with Island County can be held regarding current technology. Monitoring and
creating a database is a good first step, but he believes there will be issues about how the ordinance will be
implemented. The more everyone understands the ramifications, the better it will be. He is also concerned
about timeframes and additional workload for staff if an amendment is brought forward after the workshop in
60 or 90 days. He feels that the ordinance doesn't include all the necessary information. There was a
discussion about when the ordinance will become effective. Commissioner Huntingford suggested that the
effective date be put off for 60 days until after the workshop. David Alvarez cautioned that the Hearings
Board may not like the effective date being drawn out.
Page 8
Commissioners Meeting Minutes: Week of July 22, 2002
Commissioner Titterness amended the motion to change the effective date from date of adoption to 60 days
from the date of adoption. Commissioner Huntingford seconded the amended motion. The Chair called for
the vote. Commissioner Titterness and Commissioner Huntingford voted for the motion. Chairman Wojt
voted against the motion. The motion carried.
The Chair called for the vote on the motion to adopt ORDINANCE NO. 07-0723-02, revisions and
additions to the County's Unified Development Code (UDC) associated with a Hearings Board Final
Decision and Order and relating to seawater intrusion issues, with the changes that were discussed in
Monday's meeting with an effective date 60 days from adoption. The vote was unanimous in favor of
adopting the ordinance.
Commissioner Tittemess moved to approve RESOLUTION NO. 44-02 as presented adopting a County
policy with respect to saltwater intrusion. Commissioner Huntingford seconded the motion which carried by
a unanimous vote.
David Alvarez added that the Coastal Seawater Intrusion Policy dated July 22, 2002 will be attached to the
resolution.
Them was a brief discussion about creating a policy on the process to deal with appeals to the Hearings
Board. Commissioner Titterness said that negotiations with the appellants need to be done according to the
RCW, but he suggested that any final information resulting from negotiations needs to be reviewed by the
Planning Commission before it is presented to the Board for approval. No other advisory groups will be
utilized on land use issues. However, supplementary technical groups can be used in the future as long as the
information goes to the Planning Commission before it comes to the Board. Commissioner Huntingford
concurred that the regular process needs to be followed and enough time must be allowed to have this
happen.
COUNTY
Dan Titterness, Member
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