HomeMy WebLinkAboutM121602District No. 1 Commissioner: Dan Titterness
District No. 2 Commissioner: Glen Huntingford
District No. 3 Commissioner: Richard Wojt
County Administrator: David Goldsmith
Clerk of the Board: Lorna Delaney
MINUTES
Week of December 16, 2002
The meeting was called to order by Chairman Richard Wojt. Commissioner Huntingford and
Commissioner Titterness were both present.
APPROVAL OF MINUTES: Commissioner Titterness moved to approve the minutes of
November 4, 2002 as written. Commissioner Huntingford seconded the motion which carried by a unanimous
vote.
COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator David
Goldsmith reported:
The 2003 budget document is complete and ready for the Board to adopt on the Consent Agenda.
· The bond repayments for the Jail, Dispatch Center, and Castle Hill are in the budget.
· Revenue for an Enforcement Officer is included, but the position is not budgeted as an expenditure.
· The FTEs have been reduced by 1 from the previous version due to the loss of a position in the
Assessor's office.
· The Public Defender contract needs to be resolved and is in the 2003 budget at the 2002 rate. It has
been suggested that this contract be consolidated with the conflict counsel contract. If these
contracts can't be consolidated, then an adjustment will have to be made.
· The amount to be diverted from the Public Works Fund to the Current Expense Fund has been
increased. The County has never taken the full amount that can be diverted based on the traffic patrol
deputies and costs.
· There is $76,200 to Public Works for infrastructure projects and $65,000 of this amount can be
funded by the Real Estate Excise Tax (REET).
· The Budget also includes $473,000 for one time expenditures on various projects.
· The budget doesn't include funding for emergency projects, like repair of the courthouse elevator.
· Chairman Wojt asked about the $13,500 for maintenance of the Larry Scott Trail? Public Works staff
has advised that they have funding for on-going maintenance of the trail.
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Commissioners Meeting Minutes: Week of December 16, 2002
Commissioner Titterness asked about the fingerprint machine for the Sheriff' s Office? David
Goldsmith explained that this machine scans, produces a paper print, and then sends it to the NCIC
automatically.
The budget, as proposed, doesn't include an emergency reserve for the Public Works Department.
The Public Works Department carries a 35% fund balance which is over the 25% required. A fund
can be established to set up a reserve at any time.
Several important issues were discussed at the Water Team Meeting.
· A Surface Water Management Plan is being developed.
· The new Puget Sound Water Quality Manual will be implemented soon.
· The Consolidated Water Service Plan is due to be updated in 2003 and the WRIAs are working on
plans.
· The Shoreline Program will be updated soon.
· There was no recommendation from the Water Team regarding the establishment of a Water
Conservancy Board.
· David Goldsmith will set up a meeting with the PUD Commissioners after the first of the year about
this and other issues.
He met with members of the Gateway Board regarding the Hotel/Motel Tax. This group is an offshoot of the
Tourism Coordinating Council and they want to look at the promotional needs for the region.
PUBLIC COMMENT PERIOD: The following comments were made: Any UDC
Enforcement Officer needs to be under the direction of the Department of Community Development or the
County Administrator because a Deputy Sheriff doesn't know land use regulations; another person agreed
that a Deputy Sheriff shouldn't be the Enforcement Officer; a request was made that the map for Kala
Squares's original Binding Site Plan be compared with a map for the current project; the Kala Square project
may not be the same as on the original Binding Site Plan and a SEPA review hasn't been done on the new
project; opposition to hiring an Enforcement Office that doesn't know land use regulations; what would the
salary be for an Enforcement Officer position?; the Board needs to look at the Kala Square proposal closely
because it may not be vested; projects need to be processed in a timely manner; the traffic count to and from
Kala Point is substantial; bicycle lanes would reduce accidents and law suits; a thank you to Commissioner
Wojt for his 12 years of service to the County and his years as a school teacher; and a statement to correct
information about the Kala Square project.
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Commissioners Meeting Minutes: Week of December 16, 2002 ,~t
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Huntingford moved to delete Item #8 and approve the balance of the Consent Agenda as submitted.
Commissioner Titterness seconded the motion which carried by a unanimous vote.
1. PROCLAMATION re: Proclaiming January as School Board Recognition Month
2. ORDINANCE NO. 20-1216-02 re: Establishing a No Shoot Area in Coyle to be Known as the
South Coyle Peninsula No Shooting Zone
3. RESOLUTION NO. 84-02 re: Adoption of the Annual Budget Including the General Fund, Public
Works, Special Funds, Jefferson County Road Construction Program and County Tax Levy
4. AGREEMENT re: 2002-2003 Consolidated Contract Services; Jefferson County Health and Human
Services; Washington State Department of Health
5. AGREEMENT re: Professional Consultant Surveying Services for Paradise Bay Road Project No.
CR1148; Jefferson County Public Works; MacLearnsberry, Inc.
6. AGREEMENT re: Programming and Site Planning for the Olympic Gateway Visitor Center;
Jefferson County Public Works; Miller-Hull Partnership, Ltd.
7. AGREEMENT, Amendment No. 3 re: Hoh River Project #XO 1313; Extending Expiration Date of
Contract to December 31, 2003; Jefferson County Public Works; United States Department of
Agriculture Forest Service, Olympic National Forest
8. DELETE Approval of Final Short Plat, #SUB01-00001, Teddy's Turf Short Plat; To Divide Eighty (80) Acres Into
Four (4) Lots for Designating Three (3) Lots As Mineral Resource Lands; Located off of Elkins Road, Port Hadlock;
Shold Excavating, Inc. & Jeannine Shold, Applicant (See item later in Minutes).
9. Letter to Assessor Jack Westerman re: 2003 Real and Personal Property Levy Amounts
10. Cancellation of December 19, 2002 Board of Health Meeting
Approval of Final Short Plat, #SUBOI-O0001, Teddy's Turf Short Plat; To Divide Eighty
(80) Acres Into Four (4) Lots for Designating Three (3) Lots As Mineral Resource Lands; Located off of
Elkins Road, Port Hadlock; Shold Excavating, Inc. & Jeannine Shold, Applicant: (See Item #8 on the
Consent Agenda.) Commissioner Huntingford recused himself from voting on this final short plat because of
family ties to the applicant. Commissioner Titterness moved to approve the final short plat as presented.
Chairman Wojt seconded the motion which carried.
HEARING re: Proposed Budget Appropriations and Extensions; Various County Funds:
David Goldsmith explained that these requests are for the 2002 budget. Many of these requests are a result
of unexpected expenditures during the year. The cost of the employees' health care benefit expense
increased; there was more overtime than anticipated in the Sheriff' s Office; and the insurance rates for the
County increased. The Health and Human Services Department request is probably an issue of cash flow and
not spending authority; but he recommended that this appropriation be approved. Information Services'
request is because a server broke down and had to be replaced.
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Commissioners Meeting Minutes: Week of December 16, 2002
Chairman Wojt opened the public hearing. Hearing no comments for or against the proposed budget
appropriations and extensions, the Chair closed the hearing.
Commissioner Huntingford asked Auditor Donna Eldridge for clarification on the Health Department's
request. She replied that the Health Department should have requested an operating transfer and not a budget
appropriation/extension. Commissioner Titterness stated that he thought the $45,000 server was slated to be
purchased in 2003. Donna Eldridge explained that the Information Services Fund has $45,000 available and
they are asking for a budget extension because the purchase had to be made this year and was not
anticipated. Commissioner Huntingford stated that he is still concerned about the Health and Human Services
request, and asked why their bookkeeping doesn't fit in the BARS system? David Goldsmith answered that
their various revenue sources have different fiscal years.
Commissioner Huntingford moved to approve RESOLUTION NO. 85-02, the fourth quarter budget
appropriations and extensions as requested. Commissioner Titterness seconded the motion which carried by a
unanimous vote.
HEARING re: CDBG Grant Application; South 7 Senior Housing Project: David
Goldsmith explained that the County and the City of Port Townsend are the only 2 governments in Jefferson
County that are eligible for CDBG grant funding. The South 7 Senior Housing proponents want to apply for
this grant funding with the County as the sponsor. A public hearing is required to make sure the project is
consistent with the County's Strategic Plan and programs, and that it will meet the needs of the community.
As sponsor, the County executes an agreement with the proponent, administers the grant for a slight fee, and
makes sure the paperwork is complete when it is submitted. If the proponent fails to finish the project, it is
the County's responsibility to pay back the funding.
Vanessa Brower, representing the proponent, stated that this application is for $46,304 to provide a 300 foot
access from a County road to the proposed site in Port Hadlock that is currently landlocked. The South 7
Senior Housing Project is a low income housing development. Phase 1 is 15 units of senior housing plus an
additional 13 units of 1-bedroom special needs housing. There is a feasibility study for an additional 50 units
subject to public infrastructure development in the community. At this point, the 28 unit proposal would be
developed on the site under a conditional use permit with a per unit access allocation of $1,654.
The Chair opened the public testimony portion of the hearing.
Ryan Tillman, Port Hadlock, stated that the existing zoning on this property doesn't allow this type of
project. It is currently 1 unit per 5 acres and doesn't allow for multi-family dwellings. The County would be
going up against it's own land use requirements as the proponent of the project and the reviewer. The Tri
Area UGA and infrastructure need to be addressed first.
Hearing no further comments, the Chair closed the public hearing.
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Commissioners Meeting Minutes: Week of December 16, 2002
Vanessa Brower asked if the Board is clear on the CDBG funding process concerning housing enhancement?
She stated that it is a deferred loan. David Goldsmith explained that if the project doesn't meet the
permitting requirements, the money would not be spent.
Commissioner Huntingford asked about the zoning. David Goldsmith replied that the Responsible Official A1
Scalfhas determined that special needs housing fits in the UDC under housing, undefined. Based on that
determination, the proponent has moved forward.
Commissioner Titterness pointed out that the issue before the Board is an application for a grant and not a
project. Commissioner Titterness moved to have the County sponsor the Community Development Block
Grant for the South 7 Senior Housing Project. Commissioner Huntingford seconded the motion which
carried by a unanimous vote.
The meeting was recessed from 10:45 a.m. to 11:35 a.m. so that Chairman Wojt could attend
an Environmental Awards ceremony at Carr's Lube Express.
Discussion re: Final Binding Site Plan, #BSP86-O001, Kala Square Partnership;
Commercial Mini-Mall Located Off of Prospect Avenue and SR19 (Airport Cut-off Road) Intersection,
Port Townsen& Joe and Renata Wheeler, Applicants: Director of Community Development Al Scalf
reviewed the history of the Binding Site Plan.
· August 13, 1986: The application was received as a SEPA checklist. The 1979 Comprehensive Plan,
the Tri Area Community Plan, and the Subdivsion Ordinance were the regulations in effect at that
time. The zoning was residential.
· September 3, 1986: The Planning Commission held a public hearing and took testimony. At this point
it became a Binding Site Plan.
· September 8, 1986: The County Commissioners reviewed the Planning Commission's
recommendation and issued a Determination of Non-significance.
· July 3, 1996: The proponents contacted DCD about finalizing the Binding Site Plan. DCD was
dealing with GMA, developing new regulations, and there were concerns about projects that were
vested. Al Scalf sent a memo to the Prosecuting Attorney asking for an opinion on the expiration of a
Binding Site Plan.
· July 10, 1996: Paul Mcllrath, Deputy Prosecutor at the time, responded that there was no expiration
according to RCW 58.17.
· August 1, 1996: Al Scalfwrote to the proponents that there was no expiration on Binding Site Plans
based upon legal review.
· May 8, 1998: The pending adoption of the Comprehensive Plan brought up new concerns about
vesting. DCD staff again asked for a legal opinion from the Prosecutor on the expiration of Binding
Site Plans.
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Commissioners Meeting Minutes: Week of December 16, 2002 ,~t
· May 13, 1998: Paul Mcllrath upheld his original position that there was no expiration date on Binding
Site Plans and referenced a Superior Court Case where Pierce County had denied building permits on
a previously vested project. That Court case was appealed by the proponent and the decision was
reversed by the Court of Appeals. It was appealed to the Supreme Court of the State of Washington
and affirmed.
· August 28, 1998: The Comprehensive Plan was adopted and there were concerns about how to note
vested projects on the Land Use Map. This was never done, but there is a list of these projects at
DCD.
· December 18, 2000: The UDC, consisting of the development regulations to implement the
Comprehensive Plan, was adopted. There was a provision added, Section 7.5.11 in the subdivision
section, that dealt specifically with the Kala Square proposal as a Preliminary Plat with an expiration
clause that required the proponents to have the project completed within 2 years.
· For the past year the proponents have been actively bringing this forward.
A1 Scalf quoted Paul Mcllrath's memo from May 13, 1998. "Vesting generally refers to the notion that a
land use application under proper conditions is considered under the law of land use statutes and
ordinances in effect at the time the application is submitted."
David Goldsmith explained that he met with the proponents and their engineer. In reviewing the history, the
opinion of Deputy Prosecutor Paul Mcllrath, the opinion of current Deputy Prosecutor David Alvarez, and
the Board's action in the UDC, the project is vested. There could be an issue about the scope of the project
that is vested. The original application was for a professional office building in phase 1 that already exists,
and some future uses that were not defined. The current zoning according to the UDC, would have to be
small scale tourist/recreation. At the time of the application, the zoning was residential, 4 residences per 1
acre. The Planning Commission recommended that the zoning be changed to a Planned Community
Development with conditions.
Typically, the improvements in the Preliminary Plat would need to be done in a certain length of time and
then it would be finalized. These standards weren't in place in 1986. The proponent's intent is to sell the lots
when the plat is finalized. They have suggested a declaration that would accompany the final plat. On page 3
of the declaration is a list of activities that are anticipated. These types of activities are currently allowed in a
general crossroads designation; but this property does not fit the criteria for the designation. The current bulk
and dimension standards would prevent some of the activities unless lots were combined. Any site
improvements, outside of Lot 1, would require a full range of infrastructure improvements.
Commissioner Titterness clarified that the first development application would require water and roads to all
the lots. Septic would be specific to each lot depending on the use.
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Commissioners Meeting Minutes: Week of December 16, 2002
Commissioner Huntingford asked how many projects are similar to this that are still in the pipeline? A1 Scalf
replied that there are probably 30-40 more projects that have not reached final approval, but have preliminary
approval and were vested under standards that were different than the Comprehensive Plan and the UDC.
This is the only Preliminary Site Plan that is affected by Section 7.5.11 of the UDC.
The Board reviewed the original proposal and the declaration. It was noted that the same uses are listed in
both documents.
Commissioner Huntingford moved to approve the final Binding Site Plan for Kala Square with the
declaration of uses as part of the final approval. Commissioner Titterness seconded the motion which carried
by a unanimous vote.
The Board met in EXECUTIVE SESSION with the Deputy Prosecuting Attorney, County
Administrator, Community Development Director, Natural Resource Director and Associate Planner from
2:00-2:45 p.m. regarding actual litigation
The meeting was recessed at the close of business on Monday and reconvened on Friday at
3:00 p.m.. All three Commissioners were present.
Proposed Ordinance Amending the Comprehensive Plan Amendment Ordinances:
Associate Planner Randy Kline explained that on December 13 when Ordinance No. 18-1213-02 was
adopted, one of the line-in/line-out exhibits was not included. This is a housekeeping item that updates the
Stormwater section of the UDC that adopts language from the Department of Ecology's 2001 Stormwater
Manual. Associate Planner Josh Peters explained that the intent of the manual is to establish minimum
guidelines for stormwater management and encourage low impact development. This revision to the UDC
will have the same results as adopting the actual manual and was reviewed by the Planning Commission and
the public and recommended by staff
Commissioner Titterness asked how the definition of impervious surface will effect design criteria? He added
that properly designed gravel roads are pervious surfaces and that flexibility is necessary. Randy Kline
explained that he feels the current UDC definition of impervious surface does not say that a gravel road is an
impervious surface, it says that it could be an impervious surface. The Deputy Prosecuting Attorney agreed.
Commissioner Titterness stated that the design standards for a pervious gravel road need to be very clear.
Randy Kline noted that these design standards are not currently in the UDC. The design standards in the
manual were discussed.
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Commissioners Meeting Minutes: Week of December 16, 2002r~it'51:x'x~'-':~:~
Commissioner Huntingford moved to approve ORDINANCE NO. 21-1220-02 adopting and enacting
certain additions to the County's Unified Development Code associated with Comprehensive Plan
Amendments approved through the adoption of Ordinance No. 13-1213-02, Ordinance No. 15-1213-02, and
Ordinance No. 19-1213-02. Commissioner Titterness seconded the motion which carried by a unanimous
vote.
MEETING ADJOURNED
SEAL:
ATTEST:
Loma Delaney, CMC ./
Clerk of the Board
~.__J-E-F-~gO~OUNTY
.---~" BOARD OF~OMMIS~{ONERS/
Richard Wojt, Chair
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