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HomeMy WebLinkAboutM042604 ~1 CO~ #!~~6~ &~ \l!~ij \ Y \~ ~ '-~8~., 0,\0 '~1 IN ~ '-- District No. 1 Commissioner: Dan Titterness District No.2 Commissioner: Glen Huntingford District No.3 Commissioner: Patrick M. Rodgers County Administrator: David Goldsmith Clerk of the Board: Lorna Delaney MINUTES Week of April 26, 2004 Chairman Glen Huntingford called the meeting to order. Commissioner Dan Tittemess and Commissioner Patrick Rodgers were present. PROCLAMATION re: Municipal Clerk Week: Chairman Huntingford read a proclamation declaring May 2 through May 8,2004 as "Municipal Clerk Week" in the presence of Clerk of the Board Lorna Delaney, and Deputy Clerks Julie Matthes, Erin Lundgren, and Leslie Locke. Commissioner Tittemess moved to approve the proclamation. Commissioner Rodgers seconded the motion which carried by a unanimous vote. APPROVAL OF MINUTES: Commissioner Tittemess moved to approve the minutes of April 12, and 19,2004 as presented. Commissioner Rodgers seconded the motion which carried by a unanimous vote. The Board met in Executive Session with the Prosecuting Attorney, Auditor, County Administrator, Central Services Director, and the Human Resource Manager regarding personnel from 8:30 a.m. to 9:00 a.m. COUNTY ADMINISTRATOR BRIEFING: County Administrator David Goldsmith discussed the following items: · Last week he reviewed mileage reimbursements that he had received from outside agencies and the County, and today he gave the Auditor a check for the difference. Although the resolution regarding vehicle allowances notes that the amount is an allotment, he hasn't logged the number of miles per month as specified. He gave a second check to the Auditor, as a gift to the County, for the difference in miles driven and the vehicle reimbursement from the County. Commissioner Rodgers reiterated that the current resolution allows the County Administrator to receive a monthly vehicle allowance and ifhe chooses to return it to the County, it is considered a gift. The policy regarding vehicle allowances is currently under review. Page 1 Commissioners Meeting Minutes: Week of April 26, 2004 ...... ".(¡'J,.. < ~ ,. · Last week, representatives from the Washington Trust for Historic Preservation and the Western Region Director of the National Trust for Historic Preservation toured the Courthouse and the clock tower. The Courthouse was on the Washington Trust list of "endangered historic buildings" last year, but their past practice has been to completely revise the list annually. When the Courthouse was put on the list, the Trust was asked to reconsider their policy because it will take several years to secure funding and complete the Courthouse project. They have reconsidered the policy and will be listing the Courthouse as long as the County continues to make progress on the project. There was a bill before the State Legislators this year that did not pass that would have provided grant funding for renovation and repair of historical Courthouses and City Halls. · He will be giving a presentation on County finances to the Port Townsend City Council tonight. In addition, he will talk with them about an MOU that they received regarding the purchase of a new radio console for 911 dispatch. The old console is outdated and it is difficult to find parts. A new console will cost $160,000. The fire districts and the City are members of the Jeffcom Board which has recommended that the BOCC put a sales tax increase on the ballot this fall to pay for the console or that the County purchase the console and the Jeffcom members pay the loan back in 2005. The Law & Justice Council and the Fire Chiefs Association also support replacement ofthe console. · The PUD is hosting the Regional Intergovernmental Meeting the first week in June. They have requested topics for the agenda. · The Sheriff and staff moved into their new administrative building last week. A community open house will be scheduled within a month. The Emergency Management staff and 911 Dispatch administrative staff will be temporarily housed in the new building until their offices in the old building are remodeled. Commissioner Rodgers noted that he toured the new facility and it is well designed for the specific purpose and is an excellent and needed addition. · The process for a county-city merger, according to the RCW, requires that a petition be initiated from the citizens to create a home rule county. Ifthere was enough support, it would then be put on the ballot. The Board agreed that integration of some City and County services would be effective, although taking on the merger would be a huge task. Commissioner Tittemess stated that with budget time approaching, he would like to see a comparison of similar services provided by County and the City and how much it costs each entity to provide them. PUBLIC COMMENT PERIOD: The following comments were made: Representatives from Port Ludlow Associates stated that they will work with residents in the community and the Department of Community Development to see that the correct procedure is followed for the Ludlow Bay Village development permitting process and that the public's concerns are addressed; what can the County do about a person living off of West Leland Valley Road who needs to clean up the trailers and garbage on their property?; Elected Officials need to stop talking and start directing staff to follow through on issues; what was the process for recruiting a new County Administrator, and was an executive search firm consulted?; the Housing Authority requested that the BOCC reappoint Richard Suryan to that Board; comments on the County Commissioner's and Administrator's mileage for vehicle allowance reimbursement; the Sheriff needs to investigate the vehicle allowance issue or have another jurisdiction look into it; a farmer said that he wants to convert his agricultural buildings into a cheese processing factory that Page 2 Commissioners Meeting Minutes: Week of April 26, 2004 ~'..'''.'.'..'.'.' ;'- '.~ ~;'-~I/ ·"·l''('''~'I" would be open to tourists but he probably won't be able to do the project because there are too many building regulations and fees; the County needs to ~ork with people to encourage economic development; if the Board wants to maintain the rural character of the County, farmers need to get involved in agritourism; and some regulations that property owners have to follow to make changes in the use of their property are out of proportion and costly. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Tittemess moved to delete Item #3 and approve and adopt the balance of the Consent Agenda as presented. Commissioner Rodgers seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 16-04 re: Assures and Certifies Compliance with Title VI of the Civil Rights Act of 1964 for Community Development Block Grants (CDBG) 2. RESOLUTION NO. 17-04 re: Authorization for Real Property and Improvement Transfer; CDBG Grant Compliance; Child and Family Resource Center 3. DELETE: AGREEMENT re: Professional Services for Landscape Construction Design and Documentation for Implementing the Courthouse Grounds Master Plan Improvement Project; Jefferson County Central Services; SB & Associates, Inc. (See Item Later in Minute's) 4. AGREEMENT, Amendment No.5 re: Professional Services for Project Management of Water Resource Inventory Area (WRIA) Watershed Planning Unit Instream Flow; Jefferson County Health and Human Services; Sound Resolutions, Susan Gulick 5. AGREEMENT, Amendment No. 10 re: 2003-2004 Consolidated Contract; Jefferson County Health and Human Services; Washington State Department of Health 6. AGREEMENT re: Big Qui1cene River, Linger Longer Reach Feasibility Study, Project #QF1506; Jefferson County Public Works; Perkins GeoSciences 7. Final Short Plat Approval, #SUB03-00008; Thornburg Short Plat Located off of Oak Bay Road, Port Ludlow; Elaine Thornburg-Malvin, Applicant 8. Letter Recommending Changes or Additions to Hearings Board Procedures as Codified in Chapter 242-02 WAC; Western Washington Growth Management Hearings Board (WWGMHB) 9. Letter Regarding Certification of Ownership and Local Government Status; Save America's Treasures, Heritage Preservation Services, National Park Service 10. Advisory Board Reappointments; Jefferson County Board of Equalization; Three (3) Year Terms Expiring May 11, 2007; James A. (Bonzo) DeLeo, Richard A. Broders and William S. Marlow 11. Advisory Board Resignation; Jefferson County Marine Resources Committee; S. Pike Hall Advisory Board Reappointment; Jefferson County Housing Authority: Commissioner Tittemess moved to reappoint Richard Suryan to the Housing Authority Board. Commissioner Rodgers seconded the motion which carried by a unanimous vote. His term will expire on February 1, 2009. Page 3 Commissioners Meeting Minutes: Week of April 26, 2004 <,- HEARING re: Proposed Budget Appropriations and Extensions; County Funds: The Chairman opened the public hearing. David Goldsmith reported that this hearing is for first quarter budget adjustment requests. When the 2004 budget was finalized, there were a few issues that weren't resolved that needed to be carried forward into this year. Other requests are the result of projects going forward where supplemental funding is required, the receipt of grant funding that was not expected, and an unanticipated Retrospective Rating Pool billing. The criteria for requests was no new programs, and revenue neutral programs. Central Services Director Allen Sartin explained that the capital project requests are being carried forward from 2003 and 2004 budget because the funds were not expended during that budget year. Chairman Huntingford opened the public testimony portion of the hearing. Hearing no testimony for or against the proposed budget extensions, the Chair closed the public hearing. Commissioner Tittemess moved to approve RESOLUTION NO. 18-04 regarding the first quarter budget extensions. Commissioner Rodgers seconded the motion which carried by a unanimous vote. Planning Commission Recommendation re: MLA04-26, UDC Amendments for Agricultural Activities and Accessory Uses: Director of Community Development Al Scalf stated that this document represents dedicated work by staff and the Planning Commission over the past year and he thanked Karen Driscoll. Projects like the proposed cheese factory are addressed in the document as a "yes" use for agricultural lands as a Type 1 approval with a building permit, unless the space exceeds 4,000 square feet and then SEP A is required. Associate Planner Josh Peters noted that a public hearing was held by the Planning Commission. The Board needs to decide ifthey want to have staff draft an ordinance for review, if they want to have more public outreach such as an open house, or if they want to schedule a public hearing. This work began as a result of a settlement agreement with the Washington Environmental Council regarding the original UDC. The goal was to clarify exemptions for on-going agriculture and standard wetland and stream buffers. At the time, it was also noted that there were some incomplete tasks in the Comprehensive Plan that also needed to be addressed. This year the State Legislature updated the GMA by adopting a bill outlining accessory uses to agriculture. These uses are listed in Subsection 3 of proposed Section 4.3 of the UDC. Language for best management practices for agriculture is also proposed. Dennis Shultz, Planning Commission Agricultural Sub-committee Chair, stated that in the past agricultural lands have been defined as "lands with agricultural soils in the valleys," and most agriculture dealt with dairy and cattle. The sub-committee found that the future of agriculture is in the use of small parcels of land all over the County that are farmed by people raising high value crops. They grow crops, process, and market them and they need to have the ability to do this on their property. Most people can't just live by farming alone, they have to find some other income during the winter months because farming isn't just a hobby, it needs to be a money making proposition. The goal was to allow people the "right to farm" without overly restrictive permits and regulations, but to also keep them from abusing that right. Page 4 Commissioners Meeting Minutes: Week of April 26, 2004 11'"'''''' t ........ ."Š ~'.fll ~~,\~,.. Karen Driscoll, Contract Planner, reviewed the public process. Letters were sent out to everyone in the County who owned 1 acre or more asking if they were interested or currently conducting agricultural activities. They received 150 responses. There is a broad range of farm related businesses in the County including specialty horticulture sold over the internet and crops sold at the Pike Place Market in Seattle. In residential areas, people who farm don't have a lot of protection regarding the legality of their business. Her goal was to make the document as simple as possible. Several farm related activities are allowed, but at this point, people still need to fill out an application for a permit. For certain home occupations, there is something called "a matter of right." If a certain threshold is reached, especially regarding employees, then a home occupation permit is necessary. She wanted to take the concept of "matter of right" and make it more explicit regarding agriculture. Also, the environmental impacts had to be addressed because ofthe settlement agreement. The Conservation District and other stakeholders developed the Chimacum Creek Basin Plan which includes best management practices to protect the basins. This is addressed explicitly in the document, although it is voluntary. DCD is also developing a brochure on the subject. The document promotes agriculture and agritourism. There was a discussion about what "matter of right" covers. Josh Peters reviewed the document. He stated that there is a placeholder application and the agricultural lands designation amendment has been placed on this year's final Comprehensive Plan Amendment docket. The criteria for the designation was adopted in an amendment to the Comprehensive Plan last year. There may be as many as 100 parcels of land that will be need to be reviewed using the criteria. Dennis Shultz added that those people who do not choose to have their land redesignated will still be able to farm on residential lands. However, the people who do opt for the agricultural designation will be able to do things that people can't do on residential property. Tom McNerney, Planning Commission Chair, thanked the Agricultural Sub-committee which included Dennis Shultz, Edel Sokol and Jenny Davis. Chairman Huntingford pointed out that farm-related activities may be a "yes" use, but the fact is that property owners will still have to deal with certain regulations and outside a~encies !i~e the State. !here are usually certain standards that are expected to be met and people need to realIze that It s never that sImple. He feels that the document does a good job clarifying what can be done, but people need to remember that other agencies beside the County may get involved in the project. Commissioner Rodgers stated that he is very pleased with this document. Farming is ~.important ~art of the community. This document allows people to add value to their crops and make a lIvmg and yet It also protects the environment. He feels that it is very proactive and positive. Josh Peters explained that they had discussed whether more outreach would be necessary :e~arding .the adoption of this document. This would include press releases and an ope~ hou~e. CommIssIOner TIttemess suggested doing the outreach in connection with the agricultural lands desIgnatIOn process. Commissioner Rodgers moved to direct staff to put the document in ordinance form and have it on their agenda in 2 weeks. Commissioner Tittemess seconded the motion which carried by a unanimous vote. Page 5 Commissioners Meeting Minutes: Week of April 26, 2004 ,~, ~:~{ I/tl1»"" The Board then met in Executive Session with the Sheriff, County Administrator, Prosecuting Attorney and the Human Resource Manager regarding actual litigation from 11 :30 a.m. to Noon. From 2 p.m. to 3 p.m. the Board met in a workshop to discuss the draft junk vehicle ordinance and draft animal responsibility ordinance. From 3 p.m. to 5 p.m. they had phone interviews with County Administrator candidates: Lars Gare and Michael Pence and interviewed Allen Sartin. The meeting was recessed at the close of business on Monday and reconvened on Tuesday at 9 a.m. for phone interviews with the remaining County Administrator candidates: Nancy McDaniel, John Fischbach, and Randy Bombardier. All 3 Commissioners were present. Payment of Punitive Damages for Certain Law Enforcement Officers: David Goldsmith presented a draft resolution to the Board relating to potential damages based on the conduct of an employee. This was created as the result of Law Enforcement Officers doing their duty when arresting an individual who later passed away in the jail. A law suit has been filed and the County has an obligation to defend the employees. Due to a court decision from 1983, the personal assets of the employees could be liable. The resolution before the Board allows the County to step in and indemnify against those assets. The incident has been investigated internally and it was found that the officers followed the correct procedures in doing their job. If the case goes to trial, and it is found that the officers operated outside their duties as law enforcement officers, the County would then have bring charges against the officers to recover the money that the County may pay for punitive damages. The County's Defense Counsel has requested that this resolution be approved by the Board in order to remove the officers as case defendants. Commissioner Tittemess moved to approve RESOLUTION NO. 19A-04 agreeing to pay any punitive damages that might be awarded against certain commissioned Law Enforcement Officers employed by the Jefferson County Sheriff. Commissioner Rodgers seconded the motion which carried by a unanimous vote. The Board then met in Executive Session from 11: 20 to 11 :45 a.m. with the County Administrator regarding personnel. AGREEMENT re: Professional Services for Landscape Construction Design and Documentation for Implementing the Courthouse Grounds Master Plan Improvement Project; SB & Associates, Inc.: (Item #3 on the Consent Agenda) David Goldsmith explained that this contract with Susan Black and Associates is for the next phase of the Landscape Master Plan for the Courthouse. Commissioner Rodgers questioned whether this was something that could be done in house by staff? Allen Sartin reported that he spoke with the Public Works Director who said that there was no free time for project management staff to work on the project. It could be done in house but the Board would have to direct Public Works to rearrange their priorities. Page 6 Commissioners Meeting Minutes: Week of April 26, 2004 '~'_.."'" :; ....... ..~<.:,>,.~ ~f.f~¡~"l>~~~.... Commissioner Rodgers expressed his reservations about approving this agreement for an outside consultant without knowing the current priorities of the Public Works Department. It was noted that the agreement includes permitting. The construction is scheduled to begin this fall. Commissioner Tittemess moved to approve the agreement as presented. Commissioner Rodgers seconded the motion which carried by a unanimous vote. The meeting was recessed on Tuesday and reconvened on Wednesday for a workshop on the WRIA 17 Watershed Management Plan. All 3 Commissioners were present. MEETING ADJOURNEn . 1 '.. I, --. , . . ~ , JEFFERSON COUNTY BOARD OF COMMISSI ERS \; .J . '.,.. (.:j ~, ~ ,..... '.. ., ., . , .,.' ! . iJ') ! : ~ It , . . .'\ ,: , SEAL: ., ~.,+ .. , 41 . \ ... ,: ) AT1Esi:--"' 'to. (~- . ~~} ~.lCè ;1: ~J£:1Cv~ LU{ Julie Matthes, CMC () Deputy Clerk of the Board eo. Page 7 ~'-