HomeMy WebLinkAboutM091602District 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
Week of September 16, 2002
The meeting was called to order by Chairman Richard Wojt. Commissioners Glen
Huntingford and Dan Titterness were both present.
COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator David
Goldsmith reported on the following:
· A letter from the State Auditor was presented complimenting the County on the accomplishments of
Treasurer, Auditor, Assessor, County Administrator and staff in those offices, especially Karen
Bednarski, Auditor's Office. The Board thanked the Elected Officials and their staff for their efforts
on behalf of the County.
· The Departments followed the Board's budget directives at the Preliminary Budget Roundtables last
week. A balanced budget will be presented next week. The 2002 mid-year budget corrections helped
clarify the budget issues for 2003. Commissioner Huntingford advised that the Budget Retreat in
April helped people understand the budget issues and what the County will be facing in the future.
· The Community Investment Fund ordinance is being reviewed by the Prosecuting Attorney.
· On September 11, a powdery substance was dropped from a small plane near Port Gamble which
activated the bio-terrorism alert system. The EOC went on low level alert and there will be a 30 day
watch by local health providers. This is the first time that the bio-terrorism plan procedures have
been used and they worked well.
· He approved a request for a fee waiver of Community Development fees ($188.00) that was
submitted by the Jefferson County Conservation District for work they did on Indian George Creek
(Linger Longer area of Quilcene).
· The steam gauges on the Little Quilcene River and Snow Creek are installed and the data can be
viewed on the internet. (www.ecy.wa.gov/apps/watersheds/flows/state.asp)
· David Christensen, Natural Resources Manager, is the local contact person for the U.S. Army Corps
of Engineers' project at Oak Bay Park to restore the estuary.
· If the Department of Ecology responds to the County's request regarding the Salt Water Intrusion
Ordinance, the Board will discuss the issues at the County Administrator's meeting tomorrow.
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Commissioners Meeting Minutes: Week of September 16, 2002
PUBLIC COMMENT PERIOD: There were no public comments.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Huntingford moved to approve all the items on the Consent Agenda as submitted. Commissioner Titterness
seconded the motion which carried by a unanimous vote.
1. RESOLUTION NO. 51-02 re: Temporary Restriction of Traffic on Center Road #931507 for
Culvert Replacement, September 23 to September 25, 2002
2. RESOLUTION NO. 52-02 re: Designating 20% of the Safety Net Full Payment Amount to be
Allocated to Local Projects for 2003
3. RESOLUTION NO. 53-02 re: Designating the Proportion of Funding to be Assigned to Title II and
Title III Projects for 2003
4. RESOLUTION NO. 54-02 re: Placing Proposition on the November Ballot to Expand the
Boundaries of Parks and Recreation District #1 to Include Voting Precinct #206 (Thorndyke)
5. RESOLUTION NO. 55-02 re: Revising a County Project Designated as CR1148, Phase I;
Improvements to Paradise Bay Road, Port Ludlow
6. RESOLUTION NO. 56-02 re: Standard Road Vacation of a Portion of Deeded Prospect Avenue,
Port Townsend; Kala Square Partners, Petitioners
7. RESOLUTION NO. 57-02 re: Creating a County Road Project Designated as CR1618, Phase II;
Improvements to Paradise Bay Road # 503608 from MP 0.37 to MP 0.84
8. AGREEMENT re: Appraisal Services for Olympic Gateway Visitor Center, Project No. SP1435;
Jefferson County Public Works; Strickland Heishman & Hoss, Inc.
9. AGREEMENT re: YIPPEE 4-H After School Program Evaluator; Washington State University
(WSU) Cooperative Extension; Michelle Maike
10. AGREEMENT No. C0200024, Amendment No. 1, re: Community Litter Cleanup; Jefferson
County Juvenile and Family Court Services; Washington State Department of Ecology
11 AGREEMENT No. 0163-02463, Amendment No. 3 re: Developmental Disabilities Biennial
Agreement; Jefferson County Health and Human Services; Washington State Department of Social
and Health Services (DSHS)
12. Reappointment to Advisory Board: Person to Serve Another Three (3) Year Term on the
Gardiner Community Center Board of Directors; Term Expires September 2, 2005; Bob Minty
The Board met in Executive Session from 10:05 a.m. to 10:30 a.m. with the County
Administrator, the Prosecuting Attorney and the Deputy Prosecuting Attorney regarding actual litigation.
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Commissioners Meeting Minutes: Week of September 16, 2002
Port Ludlow Drainage District Commissioners re: Inter-local Agreement: Dick Regan,
Port Ludlow Drainage District Commissioner explained that the Drainage District was established under
RCW 85.38 to protect against serious drainage problems in the area and there haven't been any major
problems for the last few years. The District is in its second year of operation. They have established
assessment procedures that will be retained for another year and they are in the process of developing a
Comprehensive Drainage Plan which has been funded by low and no interest loans. Numerous drainage
problems have been inspected and catalogued. They are working with the Ludlow Maintenance Commission
on drainage problems and are in the process of acquiring the only detention pond in Port Ludlow, across
from the North Bay condominiums. The District hopes to start some work on drainage improvements in
2003. The work will be determined by the results of the Comprehensive Drainage Plan. The drainage
problems in Port Ludlow are from inadequate structures, deteriorating culverts, and bad management
practices. They want to enter into a formal inter-local agreement with the County that would allow them to
take part in the review process for any permits in their area. They would review the permits for drainage
issues only to see if they conform to their drainage plan. The comments would be advisory in nature. They
would not delay the County's permitting process and the review would be at their own expense in house or
by an Engineering consulting firm. He presented a draft inter-local agreement for the Board to review.
David Alvarez, Deputy Prosecuting Attorney, asked the Drainage District Commissioners about the issue
regarding Contractor Ron Gregory? Dick Regan explained that the Drainage District was not involved and
that the problem was between Ron Gregory and the Ludlow Maintenance Commission (LMC.) The Deputy
Prosecuting Attorney cautioned that if the Drainage District Commissioners make a recommendation on a
project and the LMC assumes that it is "the law," there could be repercussions because this is a legal issue.
Dick Regan explained that they want their comments on permits submitted to the County at the beginning of
a project so that this type of situation doesn't happen. Drainage District Commissioner Lee Omundson added
that the drainage damage in the Port Ludlow area is a complex issue. Commissioner Huntingford noted that
currently, if a person applies for a permit, the County does a storm water management review and this
process will need to be revised when the Comprehensive Drainage Plan is completed. He asked if the
Drainage District plans to review each Port Ludlow permit in depth? Dick Regan answered that they don't
do in depth permit reviews.
David Goldsmith explained that the Kala Point Development asks property owners to go through their
Architectural Review Committee before a permit is submitted to the County. When the permit is submitted
to the County, it is reviewed by the legal standards that the County must meet and there is no obligation for
the County to uphold any of the covenants imposed by Kala Point. He feels the Port Ludlow permits should
go through LMC and Drainage District review before they are submitted to the County. Lee 0mundson
pointed out that the County agreement with the LMC requires that the permit be submitted to the County
prior to being submitted to the LMC
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Commissioners Meeting Minutes: Week of September 16, 2002
David Alvarez advised that he feels it would be best to wait to do the interlocal agreement after the
Comprehensive Drainage Plan is completed because the Drainage District's powers are tied to the existence
of the plan. The UDC will have to be updated to show that the Comprehensive Drainage Plan will be used in
that area. This request may be premature. Commissioner Huntingford asked when the Comprehensive
Drainage Plan will be done? They expect to have the plan done by the end of this year, Jim Laker answered.
He added that the Drainage District has the right to review a permit if the property owner plans to connect to
the Port Ludlow Drainage District facilities. All the Drainage District needs to do is look at the drainage plan
and, if there aren't any problems, the permit will go forward.
David Alvarez restated his concern about the LMC's actions as a result of the Drainage District's advice.
Jim Laker explained that it is his understanding that the LMC can go to court and get an injunction based on
the Drainage District's opinion. David Alvarez clarified that it appears that the LMC is going to take the
word of the Drainage District to enforce their covenants.
Commissioner Titterness said that, based on the Deputy Prosecuting Attorney's opinion, the authority for the
Drainage District to review permits would exist if their plan is complete. David Alvarez answered that is true
for the provisions in Section 4.5 of the proposed interlocal agreement, but the power under Section 4.17 of
that agreement probably exists today. A UDC amendment will be required to implement these provisions.
The public will need to be made aware that they can have a building permit and still be in violation of the
covenants at Port Ludlow.
David Goldsmith added that the LMC Architectural Committee has design requirements that the County
doesn't enforce, therefore the Drainage District could also have drainage requirements that the County
doesn't enforce. He feels the County needs a determination from the Risk Pool, the County's insurance
provider, about what happens if the County doesn't enforce a recommendation by the Drainage District. He
and David Alvarez will do some research on these issues and bring this back to the Board at a later date. Lee
Omundson reported that the Drainage District is having a meeting on September 24, 2002 to go over the
Comprehensive Drainage Plan and they would like to be able to tell the citizens of Port Ludlow that the
Drainage District and the County agree on this issue.
Port Townsend Chamber of Commerce and Economic Development Council re: Use of
Gateway Visitors Center ParMng for Hood Canal Bridge Mitigation: Tim Caldwell, Chamber of
Commerce Director, advised that this is a followup on a meeting of the RTPO last week regarding the Hood
Canal Bridge Closure Mitigation Plan. As part of the plan, the County has offered the use of the Gateway
Visitor Center parking lot to be located at SR104 and SR19. The Chamber also received notification from
the Public Works Department that the State Department of Transportation submitted a type I! land use
application that would allow the Fred Hill property in that area to be used as a parking lot when the Hood
Canal Bridge is closed, but DOT will consider that request moot if they can use the Gateway Visitor Center
property.
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Commissioners Meeting Minutes: Week of September 16, 2002
The property acquisition for the Gateway Visitor Center is expected to be completed by December 2002.
The State wants the County to acquire the property and build the parking lot before they consider it as a
replacement for the Fred Hill property.
Debbie Berreth, Public Works Architectural Projects Coordinator, reviewed the phases of the Gateway
Visitor Center project. Phase 5 is the actual construction which is scheduled for completion between July
and October, 2004. They will focus on finalizing the schedule if the property is purchased by the end of this
year as anticipated. The County is working with Jefferson Transit on a mobility grant to get funding for the
Transit element which would include a Park and Ride lot. There will be more than adequate parking to
accommodate the bridge mitigation. The site plan developed for the RTPO meeting didn't show the other
uses for the site. ORM is willing to lease 5 acres adjacent to the County property for this project.
Tim Caldwell reported that because this is a public project, the State has to lease the property from the
property owner. If the parking stays at the Fred Hill site, they would be paid for 2 months of use. If the
project moves to the Gateway Visitor Center, the lease payment from DOT would go to the County. He
asked if there is anything else the Port Townsend Chamber of Commerce or Economic Development Council
can do for this project? Debbie Berreth asked for letters of support for the mobility grant from all the
agencies involved in the project.
David Christensen, Natural Resource Manager re: Update on Water Conservancy Board
Establishment: Dave Christensen advised that last week he received a notice about an update to the
Washington Administrative Code (WAC) on Water Conservancy Boards (WCB.) The County was
petitioned to establish a Water Conservancy Board by the PUD and a public hearing was held on May 15,
2000. At that time there was uncertainty about the process and watershed planning was in the early stages so
the Board delayed their decision. Earlier this year the Board asked for an update, but there were still
concerns.
Since then, the State has adopted a new WAC which says that a WCB can be stand alone, be multi-county,
or multi-WRIA. The staff recommendation would be to form a stand alone Jefferson County WCB. The new
WAC allows WCBs to review several types of changes in water rights transfers including point of use, place
of use, type of use, irrigation rights, and surface to ground water right. There is a process for dissolution of
the WCB by the County or the State DOE. The State is holding a public hearing on the changes to the WAC
on September 26, 2002. There is also a Supreme Court case about whether public interest is part of the
review for a change in water right. The Supreme Court said that public interest does not have to be part of
the consideration for a change in water right.
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Commissioners Meeting Minutes: Week of September 16, 2002
Commissioner Huntingford asked if the County needs to have another public hearing on establishing a WCB?
David Christensen feels the County needs another public hearing because it has been over 2 years since the
first hearing and by the time another hearing is scheduled the new State rules will be adopted and they can be
used to set up the WCB. He added that, after a review of the State DOE database for water right transfers,
he found that there are only 4 applications for transfers or changes in water rights in Jefferson County,
however, there may be another application from the City of Port Townsend and one from the PUD.
Commissioner Titterness stated that he feels there is a need for a WCB and he expects a greater need in the
future. David Christensen explained that part of the duties of a WCB is to look at water right claims and
determine if the person is still using it, if the person who has the right is still alive, etc. Typically WCBs
charge for processing applications and the list from the State shows typical WCB fees range from $250 to
$1,200. DOE can expedite processing water right transfers if the applicant is willing to pay for it. Four water
right transfers may not be enough to keep the WCB busy or to pay for the cost of administering the WCB.
The County would probably need to fund start up and administration costs.
Commissioner Huntingford asked if Clallam or Kitsap Counties have considered establishing a WCB? David
Christensen answered that Mason County just formed a WCB in September. Commissioner Huntingford
suggested that David Christensen check with other counties who have WCBs to see how they have been
working in those counties. If the County doesn't feel the current staff has enough time to administer a WCB,
then funding needs to be provided to hire administrative staff. Commissioner Titterness suggested that since
the PUD petitioned for a WCB, the County could ask them to help with funding. Another suggestion,
Commissioner Huntingford added, would be to set up a process to help people pay to get their transfer
expedited with the DOE rather than create a WCB.
David Christensen will talk with Kitsap, Mason, and Clallam Counties about their WCBs and to the PUD
about possible funding and report back to the Board at a later date. He then updated the Board on watershed
planning through the various WRIAs.
The meeting was recessed at the end of business on Monday and reconvened on Tuesday at
10:15 a.m. for a conference call with the Department of Ecology on issues regarding the Salt Water Intrusion
Ordinance. All three Commissioners were present.
The meeting was recessed at the end of business and reconvened on Thursday at 11:15 a.m.
for another conference call with the Department of Ecology. Chairman Wojt and Commissioner Titterness
took the call in the Commissioners' Chambers and Commissioner Huntingford took the call from an LTAC
meeting at the Olympic Gateway Visitor's Center.
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Commissioners Meeting Minutes: Week of September 16, 2002
The meeting was recessed at the end of the conference call and reconvened in the
Commissioners' Chambers on Friday at 1:30 p.m. to discuss issues regarding the Salt Water Intrusion
Ordinance. All three Commissioners were present.
MEETING ADJOURNED
elaney, CMC
Clerk of the Board
BOARD OF,]CbMMISSI'ONE~S/
Richard Wojt, Chair
Dan Titterness, Member
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