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HomeMy WebLinkAboutM022795 ~I .......... -. ...................... . . . . . . . . . . . . . . . . . . . . . . ...................... .......................................:.;.:.;.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:.:.:......... .....:.;.:.......;....:.:.: .. .................................... ...... ... ................ ................ ...... ................... .... ........ .':'.::~.::~~rib~;:;;;ri:ri~::Ç.Ö~#ð~:;::·,::,:·::::::;;::::Ü:::;::}., ': r::::::::::::::::: ... ·::::::::::::::::::::f:iiii:i¡ill~ì~I:II]II:I¡I.II~~I~~lilili:i:l: ........................................~..... ... ::'::':":'::::::::::':::.::::....... .. .. /---- MINUTES WEEK OF FEBRUARY 27, 1995 Chairman Glen Huntingford called the meeting to order in the presence of Commissioners Robel1 Hinton and Richard W ojt. COMMISSIONERS' BRIEFING SESSION APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the minutes of February 13, 1995 as submitted. Commissioner Hinton seconded the motion which carried by a unanimous vote. AGREEMENT; Teen Resource Center Funding for 1995; Coyote Foundation: Commissioner Wojt moved to approve the agreement with the Coyote Foundation for 1995 funding of the Teen Resource Center in Port Hadlock. Commissioner Hinton seconded the motion which carried by a unanimous vote. Response Letter to Ole Brekke re: Brinnon Senior Organization Management of Senior Center: Chairman Huntingford asked the other Board members how and if they want to respond to the letter from Ole Brekke regarding the Brinnon Senior Organization's manage- ment of the Brinnon Senior Center? After a brief discussion of how the Center is operating, the Board members concurred that the Chairman respond to Mr. Brekke. GMA Update: Public Services Director Gary Rowe reported that a new draft of the aquifer recharge section of the CAO was sent to all participants last week and a workshop is scheduled to review it. Meetings will be set up with the on-site septic system designers to advise them about the changes that will be coming in the future. The Planning Commission met last Friday to work on the draft of the Forest Resource Lands Ordinance. A draft "existing conditions" analysis will be presented to the Planning Commission on Wednesday, March 1, 1995. The County is still on target to have the draft Comprehensive Plan ready by June. Chairman Huntingford asked where the Planning Commission is with their review of the Forest Resource Lands Ordinance? Dick Broders, Planning Commission member, reported that they VOL 21 ' "".34° r,'.i): \.1 ..:::/:::::::i:i: :::II:I:·!IIIII.I:.1 Commissioners' Meeting Minutes: Week of February 27, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . have been working on the fiscal analysis of the draft ordinance and are continuing to work on producing the fmal draft. Gary Rowe then reported that the WUCC is continuing to work on the update of the CWSP. Chainnan Huntingford asked if the County should be more involved as a facilitator to look at the issue of the Port Hadlock water system, and how that would fit in with what the WUCC is doing for the update of the CWSP? Gary Rowe stated that he needs direction from the Board on whether they feel the WUCC should look at these issues earlier in their process than they are currently scheduled. Gary Rowe stated that the WUCC could draft a proposal in a couple of weeks, regarding the work on the studies needed for the Port Hadlock water system being done earlier. The discussion turned to how the possible incorporation of Irondale would impact the water system in that area. Geoff Hlavin, Planning Commission member, asked what is happening on the economic development element of the Comprehensive Plan? Gary Rowe reported that the EDC is fonning an advisory committee to work on this. Commissioner Hinton asked about the Stonnwater Advisory Committee's motion regarding the City's compliance with State law. GaIY Rowe reported that the County has advised the City that they are not following the State Stonnwater Manual properly. PUBLIC COMMENT PERIOD: The following items were discussed: Notifica- tion of property owners on land use planning being done, to get more input on the community plans and update of the Comprehensive Plan; the need for any letter to property owners to be neutral in its presentation; and the Board's reaction to the recent decision by the Western Washington Growth Management Hearing Board's order on the County's Resource Lands Ordinance. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Hinton moved to approve the items on the consent agenda as submitted. Commissioner W ojt seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO.10-95 re: Establishing a Petty Cash Fund in the Amount of $50.00; Juvenile and Family Court Services Department 2. RESOLUTION NO.11-95 re: Creating a County Road Project #CRI205; Located near 6th Avenue in lrondale 3. RESOLUTION NO. 12-95 re: Creating a County Road Project #CRI206; Located at the Intersection of South Discovery Road and Cape George Road 4. RESOLUTION NO.13-95 re: Updating the Official County Road Log; Adding Twinsview Court, Driftwood Court, Crestview Drive, Sea Breeze Lane, Sea Vista Place, Sea Vista Terrace (P0l1 Ludlow) and Rhody Court (off of Anderson Lake Road) 5. RESOLUTION NO.14-95 re: Re-establishment of Jefferson County Cash Drawer Amounts and Petty Cash Accounts in Various County Departments 6. LEASE, AMENDMENT re: Rent Adjustment to Office Lease Agreement; Community Counseling .VOL 21 rAG~341 ······1·....··.. ....... ...... ........ ....... ......... ...... .......... ....... ........... ....... ........... ....... ........... ....... ........... ....... ........... ....... ........... ....... 0-::;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:: Commissioners' Meeting Minutes: Week of February 27, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE CONSENT AGENDA - Continued: 7. AGREEMENT, Supplemental re: Engineering Services For Road Project CR1148; Provide Preliminary Condition Road Plans and Right of Way Plans; Paradise Bay Road; Map LTD. 8. AGREEMENT re: 1995 Hotel/Motel Funding; Quilcene Historical Museum 9. Coastal Zone Management 306 Grant Application; Construction Planning of the Northern Two Miles of Trail from Port Townsend to Glen Cove; CRI069, Lany Scott Memorial Park 10. Appoint Member to Serve on the Olympic Gateways Tourism Council; Morris James 11. Request for Payment of First Quarter Allocation, $5,150; Jefferson County Conservation District BUSINESS FROM COUNTY DEPARTMENTS: PLANNING AND PERMIT CENTER Hearing Examiner's Recommendation; Planned Unit Development Application #ZON94-0010; Construction of a Lodge Building, Parking Facility and Recreational Vehicle Park Located Between Seton Road and Old Fort Townsend Road in the Glen Cove Industrial Area; B.P.O. Elks Lodge #317, Applicant: Associate Planner Jim Pearson reported that the Hearing Examiner recommends that this project be approved. This is a planned U1Út development on property the Elks own off of Otto Street in the Glen Cove Industrial Park. There is a requirement for a contractual agreement setting how the project will be carried out. A condition has been recommended by the Hearing Examiner to require that this contractual agreement be entered into prior to the certificate of occupancy being issued. Commissioner Hinton moved to adopt the Hearing Examiner's recommendation with the conditions as suggested for the BPO Elk's Lodge #317. Commissioner Wojt seconded the motion which carried by a unanimous vote. Forest Practices Permit #02-131268; Consideration of Development Moratori- um Under RCW 76.09 Forest Practices Act; Wilma Ellis Property: After discussion of the circumstances surrounding the Forest Practices permit and the ownership of this property, Commissioner Hinton moved that the County will not impose a moratorium in the event that Ellis or a subsequent owner applies for development appro va 1 for the site. Commissioner W ojt seconded the motion for discussion. Commissioner W ojt asked if this action is setting a precedent? Jim Pearson answered that in talking with the property owners, it appears that the circumstances on this specific piece of property (the Forest Practice Permit was issued to contract purchasers who then defaulted on the contract) are why the request is being considered. The Chairman called for a vote on the motion. Commissioner Hinton and Chairman Hunt- ingford voted for the motion. Commissioner W ojt voted against the motion. The motion carried. Discussion re: Extension of the Process for the Critical Areas Ordinance: Senior Planner James Holland reported that this ordinance is essentially the same as the previous ~u'- 21 rAG~342 ......a·......· ....... ...... ........ ....... ......... ...... ....."... ....... ......... ....... .......... ....... ................... ............ ....... .......... ....... ........... ........ ..;:;=;=;=;=;=;=;=;=;=;=;=;:;:::;:;:;:;:;:;=;=;=; Commissioners' Meeting Minutes: Week of February 27, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ordinance passed, with the sunset date being extended to June 1, 1995. Finding number 6 which states "Parties to this action have agreed to extend the sunset date of the Jefferson County Interim Critical Areas Ordinance, " was discussed. Gary Rowe reported that the City and the Shine Community Action Council have not been contacted about this, but they are both aware of the work that has been on-going in the redraft of the CAO. He reported that if the parties do not agree to the extension of this date, they would be able to appeal this ordinance. The Board will be discussing interim protection for groundwater through the on-site septic regulations at tomorrow's Health Board meeting. The number of on-site septic permits expected to be issued during this time extension is not significant. Commissioner Hinton asked that a decision be delayed on this ordinance until 4:00 p.m. Tuesday after the Health Board meeting. Deputy Prosecuting Attorney Paul McIlrath will contact the other parties involved in the action to see if they concur with the extension of the sunset date. (See item on Pages 8 and 9.) PUBLIC WORKS DEPARTMENT Discussion re: Prosecuting Attorney's Office Space: Architectural Projects Manager Frank Gifford reviewed a plan prepared for the Prosecuting Attorney's Office to utilize the spaces currently occupied by the Long Range Planning staff across the hall from their current offices. The Long Range Planning staff will be moved down to the Public Works offices. Chairman Huntingford questioned if now is the appropriate time to make these space changes? He wondered if all of the options have been reviewed? Deputy Prosecuting Attorney Paul McIlrath stated that there is a serious concern about confiden- tiality in communications in the current office space arrangements which are not good for the coordination of staff duties. Prosecuting Attorney David Skeen added that their office is having serious functional problems due to the space they have. They are willing to compromise along with the Planning and Public Works staff. Gary Rowe reported that they haven't done a review of what space arrangements will be needed in the Public Works department yet. They want to look at the options available, which shouldn't take a significant amount of time. David Skeen asked for a time line for getting this done? Gary Rowe reported that two weeks should be plenty of time. Commissioner W ojt stated that the time for moving will impact office workload and that needs to be considered also. Frank Gifford reported that the actual move can be accomplished in one day. Gary Rowe suggested, and the Board concurred, that the plans will be done by April 1, 1995. Transfer of Funds: David Skeen reported that they are requesting a transfer of funds to pay the salary agreed to for the Deputy Prosecuting Attorney. The balance of the request is for a part time Clerk Hire position. The funds needed for that position can be transferred from other areas in their budget. Discussion re: Letter to Prosecuting Attorney from G. Brian Egan regarding an Appraisal of Property Underlying Two Portions of Forest Drive: Public Works Adminis- trative Assistant Eileen Simon reported that the Courts denied a condemnation proceeding on this property in 1978 because they did not feel that the property was needed for public use. The Public Works Department is asking for direction on how to proceed with Mr. Egan to acquire his .......... . VOL 21 r~G~343 ............... .................. ............. ......... ...... ......... ....... ......... ...... ......... ....... ......... ...... .......... ....... ..:.:.:.:.:.:.:.:.:.:..... ',':':':':':':' ....................... ....................... ........................ ........................ ......................... Commissioners' Meeting Minutes: Week of February 27, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . portion of this road. Commissioner W ojt moved to direct the Public Works Department to pursue this through the regular negotiation process. Commissioner Wojt's motion died for lack of a second. Gary Rowe asked what the next step in the process is since Mr. Egan disagrees with the appraisal that was done? Eileen Simon reported that a determination of value must be done by the County. The Board members concurred that the negotiation process be started. Gary Rowe reported that State law would allow the County to declare the road a County road because it has been used by the public for over ten years, if the negotiations with Mr. Egan do not proceed. HEARING re: Proposed Ordinance for the Establishment of No Shooting Areas in Jefferson County: Community Services Director David Goldsmith explained that this proposed ordinance is in response to a request from representatives from Kala Point, Port Ludlow and Cape George, for a procedure to establish "no shooting" areas within the County. This proposed ordinance establishes a process for communities to petition the County Commis- sioners for the establishment of a specifically defined area to be declared a "no shooting" area. Violation of the ordinance is a misdemeanor. The Chainnan then opened the public hearing for testimony: Dick Broders, 4503 Old Gardiner Road, Port Townsend, stated that, in general, he supports the ordinance but is concerned about how the area defined may impact a private property owner who may want to shoot on this own property. He feels the ordinance should include some wording such as "a private property owner can shoot on his own property, provided that there is a safe area to do so with an adequate backstop." This may not work in an area like Kala Point because the lots are small. He also suggested that any "no shooting" area established under this ordinance should be identified in the State game guide so that the infonnation gets out to the hunters. William Cartwright, 211 Bay Cliff Drive, Kala Point, stated that the concern of many of the people in Kala Point, Cape George and Port Ludlow is that a projectile from a hunting rifle can cany and kill at distances up to two miles. Even a rifle or shotgun sludge can kill or maim a person at distances up to 200 yards. The concern isn't just shooting within Kala Point, but in the areas immediately adjacent to the plat. They would like a cushion around residential me as for protection. This ordinance simply provides the mechanics of a system for setting up a "no shooting" area. Any complaints about the size of the area should come in the hearing on the establishment of a specific area. Jim Pickrell, 121 North Rhododendron, Cape George, stated that even though Cape George is considered a rural area, there are 650 lots, 400 of which are improved. The average 10t is around 11,000 square feet in size. This is really a small city. Each area will have geographical considerations which can be brought up at the hearing. He supports the ordinance, but he feels that bows and crossbows need to be addressed. Dan Taylor, 250 Wyckoff Road, stated that he is adamantly opposed to any ordinance that would allow 10 people to have jurisdiction over his firearm rights, outside their own property. He lives in an area that is heavily hunted and he is bordered by a thick stand of second growth timber and he understands the concerns, but he doesn't think this is the way to regulate this. He feels these people should petition the State for a "shotgun only" area around their communities. People from out of the County won't know about these areas and every time people hear a gun .. . VOL 21 r~G~344 ..;;;;;;;;;;':;;.;;......;;"""';;' ........ ....... ........ ........ ......... ........ ......... ....... ........... ....... ................... ............ ....... ........... ........ ........... ....... ..;:;:;:;=;:;:;=;=;:;:;:;:;:;:;:;:;:;:;:;=;=;=;:; Commissioners' Meeting Minutes: Week of February 27, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . go off they will call the Sheriff. He then submitted a written comment (see microfilm record.) He feels this is a poor way of doing this. Frank Siler, 71 Hanns Lane, Port Ludlow, representing CLOA, stated that they are very much in favor of this ordinance. Now that they are an urban growth area they will be building up and the density of the area will be much more than it is. He stated that they understand that the ordinance provides an opportunity to petition for an area within a defined boundary where there will be no shooting allowed. They don't feel that is encroaching on the County at large. It is simply putting a protection boundary around the outside of Port Ludlow, and they are in favor of it. He agrees that he doesn't know how anyone will know its a "no shooting" zone, unless its listed in the Hunters Guide, except that it will be posted, once the boundaries are approved. Roland Raymond. 1080 Woodland Drive, Woodland Hills, stated that he supports the proposed ordinance. The opportunity for the hunters to have their say is at the time the petition for a particular area is made. Where he lives there is a thin string of trees between his property and the homes at Kala Point. You can't see the homes at Kala Point and if someone shot in that area, they would hit the homes. Aubrey Taylor, 400 Wyckoff Road, Port Townsend, stated that he opposes this ordinance because it will allow people to take away rights of people who aren't in favor of it. Monty Taylor, 455 Woodland Hills, stated that he is a strong believer in the second amendment and the day that the government takes guns away from private citizens, we're in real trouble. But, he doesn't want people shooting around his house. He then told of an incident that occurred on his property three years ago with a group of hunters. Bob Krutenat, 12001 Highway 104, Port Ludlow, submitted a letter (see microfilm record,) and stated that he is in opposition to this ordinance. He doesn't feel there is a need for the ordinance because State law prohibits shooting within 100 feet of a residence, and across or from a roadway. He has never heard, in the 22 years he's lived here, of anyone being accidentally shoot in their home or on their property, by a stray bullet from a rife or a shotgun. It is possible to put together a safe pistol range on private property. He feels its a shame to bring King County regulations to Jefferson County, when we're nying to maintain the rural character and quality of life that people came here for to begin with. He doesn't see any need for this ordinance or for the mechanism that it would put in place. If people are having trouble with illegal shooting then that should be addressed by law enforcement. William Cartwright, stated that he knows about fireanns, and has hunted all of his life. People have a right to be safe in their own homes and yards. This regulation is being modeled after a regulation that works in King County. Sheriff Piccini has advised that as the law is now, there is no protection against hunters shooting on private property. The Sheriff is 100% in favor of this ordinance. He reiterated that 10 people cannot declare their area a "no shooting" zone. This ordinance only allows people to petition the County regarding the establishment of a "no shooting" area. Jim Pickrell. stated that this type of regulation isn't unique. He noted that Kingston and Poulsbo both have "no shooting" within their boundaries. He hates to think that someone would have to get shot before something is done. Dick Broders. stated that if this is passed, he feels that a provision will be added to the ordinance that says that any property that is inside the proposed boundary should be notified of the proposed action. This would go beyond the legal requirements of publishing the hearing notice .VOL 21 rAGE345 .......5.]. ...... ......... ...... ........ ....... ......... ....... ......... ........ ......... ....... ......... . ....... .......... - ...... .......... ....... ............ ...... ........... ....... ,.;:;:;:::;:::::::::::;:::;:::::;:;:;:::::::;:;:; , . Commissioners' Meeting Minutes: Week of February 27, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the paper, but he feels it wouldn't be too much of a burden to ensure that the affected property owners are notified of this. Hearing no further comments for or against the proposed ordinance, the Chainnan closed the public hearing. Chainnan Huntingford stated that he feels that if this is passed it should be published in the game laws. He noted that bows and crossbows are not included in the definition of fireanns in the ordinance. William Cartwright explained that when bow hunting was mentioned at a previous meeting, it was thought to be a minor matter. The State regulates the bow hunting season closely. Commissioner Hinton pointed out that this ordinance is not a " hunting" or "no hunting" ordinance. The County cannot regulate that. This is strictly a "no shooting" ordinance. Chainnan Huntingford asked how the areas would be incorporated into the State Department of Game hunting guidelines? David Goldsmith stated that he will call the State to fmd out what they require. Chainnan Huntingford then asked how and if the boundaries will be posted? David Goldsmith explained that the ordinance does not address posting the boundaries. It is essential that the boundaries of any area are easily discern able (i.e. roads and easily identifiable and penn anent landmarks.) This would have to be detennined at the time a petition is presented to the County. Commissioner Hinton moved to approve ORDINANCE NO. 03-0227-95 which institutes a process for citizens to petition for the establishment of "no shooting" areas for their communities. Commissioner W ojt seconded the motion which carried by a unanimous vote. The ordinance will become effective 10 days from this date. Discussion with Gary Rowe, Director of Public Services re: Organization: Public Services Director Gary Rowe reviewed the changes he proposes for the organizational structure which defines his role and David Goldsmith's role. He proposed that David Gold- smith's position be renamed Deputy Director of Public Services. He will act as the Director of Public Services when Gary Rowe is not available. He will continue to handle human resource duties and the other areas of responsibility under the Community Services division (Animal Services, grants and contracts and the Pelmit Center.) The Public Works Director and the Health and Human Services Administrator will report to the Director of Public Services. Internal services will be defined as support services for the Public Services Director to include infonnation services and budget and finance. The portions of these areas that currently work under the Public Works Department will now be taken out of Public Works and will serve all County departments. Gary Rowe then reported on the improvements being made to the organization. He will work with the Department Heads through the monthly management team meetings to develop a strategic plan which will cover staffing and human resource issues, operational issues such as how Total Quality Management will be involved in the County operations, and fiscal manage- ment of things like purchasing and contracts. There will be a strong emphasis on customer service and how the organization is perfonning. The TQM Steering Committee will be involved with process improvement. This committee is meeting regularly and will continue to be involved during the strategic planning process to ensure that employees and departments are involved. He will be working with the Board on implementation of strategic policies on issues including Growth Management, as well as other legislative and governance type issues such as unfunded mandates and property rights. .. LVOL 21 ~AGÇ 346 .':':':':':':':': ·······71..···· ....... ...... ........ ...... ......... ...... ........... ....... ........... ....... ..:.:.:.:.:.:.:.:.:.:.' ,':':':':':':': .,:.:.:.:.:.:.;.:.:.:.:.'.:.:.:.:.:.;-:.:. ....................... ....................... ........................ ........................ ......................... Commissioners' Meeting Minutes: Week of February 27, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner W ojt asked about the portion of the Public Service Director's job description that deals with budget? Gary Rowe explained that the Auditor's Office is responsible for collecting the preliminary budget information and delivering the preliminary budget to the Board. The Budget Manager has been involved with assisting the Board in development of the [mal budget. This has always been a collaborative, team process. He feels it would be easy for the Auditor to be responsible for all the processes which lead up delivering the preliminary budget to the Board. Then the Board would continue to work with the Public Services Director on balancing and adopting the final budget. The Budget Committee is going to be doing a survey of all County departments on ways to improve the budget process. The Board then met with Public Services Director Gary Rowe in executive session regarding a personnel issue from 3: 15 to 3 :30 p.m. The meeting was recessed at the conclusion of the scheduled business. The meeting was reconvened on Tuesday afternoon after the Health Board meeting which included a discussion of protection for the critical aquifer recharge areas (See Health Board Minutes.) All three Board members were present. Extension of the Sunset Provision of the Emergency Ordinance Amending the Jefferson County Interim Critical Areas Ordinance: After discussion between the Board members, Gary Rowe and City Council Members Ted Shoulberg and Julie McCullough, Commissioner Hinton moved to approve and sign ORDINANCE NO. 04-0228-95 with the following amendments: · Finding 6 will be reworded to say: "The City of Port Townsend has agreed to consider extending the sunset date of the Jefferson County Interim Critical Areas Ordinance. · Section 13.60 is amended to read: "This Ordinance shall remain in effect until the 24th day of Apri11995, or until such date as an amended Critical Areas Ordinance repealing the Ordinance become effective, whichever occurs sooner. Commissioner W ojt seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS ,~<::. . !" <0{ "". :II: " ,VOL 21 fAG~347 . . ..:::::¡@::¡m¡rD:¡mII ..::::::::::::::::::::::::J?h:;::::::::