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HomeMy WebLinkAboutM020893 i:A~ V' ~ö..c: MINUTES WEEK OF FEBRUARY 8, 1993 The meeting was called to order by Chairman Richard Wojt. Commissioner Robert Hinton and Commissioner Glen Huntingford were both present. Requests for Fundin2 from the Hotel/Motel Tax Fund re: Services for the First Quarter 1993: Commissioner Hinton moved to approve the first quarter funding for the Olympic Peninsula Gateway Visitor Information Center and the Jefferson County Historical Society from the Hotel/Motel Tax Fund. Commissioner Huntingford seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Huntingford stated his concern on Item 2 (Contract for Prosecuting Attorney Services for the City of Port Townsend) is regarding how much work and liability the County will incur from this contract. He noted that he would like to a see a copy of the record of monthly services performed for the City last year and the cost of those services. He asked how much an appeal could cost the County above the $30,000 contract amount? Prosecuting Attorney Mark Huth explained that there have been few appeals from City cases. These cases are appealed to the Superior Court of the County. He added that the secretarial, clerical and administrative time for the City caseload fits into the work already being done for the County. Commissioner Huntingford added that this contract is open ended and should be tightened up. Mark Huth reported that the $30,000 in revenue from this contract represents the salary of a Deputy Prosecuting Attorney. This system provides some efficiency in Court because two attorneys don't have to sit in Court waiting for their cases to be called. Commissioner Hinton echoed concern that there is no reference to past agreements, projection of County costs, or explanation of the benefits to the County. The City is only required to pay $30,000 for these services regardless of the amount of time and expense incurred by the County. He also questioned the wording of the "Hold Harmless" section of this agreement. There is virtually no limit to the amount of costs that the County could incur with the acceptance of this agreement. Mark Huth explained that he doesn't interpret the contract in that manner. If there is an appeal, the costs would be an attorney's time to write a brief (about 10 hours) which at the Prosecuting Attorney's salary at approximately $28.00 per hour or $280.00. The Hold Harmless agreement is written so that the County is only liable if they make an error in prosecuting the case. Every contract is written this way. If the City Police make an error then the City is liable. This contract provides the most effective and experienced advice to the City Police on how to prosecute their cases. He feels that this contract benefits the citizens of the City and the County and provides a consolidated public service. Commissioner 19 tY~ 0 15~~. Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 2 Hinton stated that because of the increasing cost of all the services in the City of Port Townsend the people have a right to know and understand the system. He stated that the City should have hired an attorney who could handle all of the City's business and with that in mind moved to deny the contract for Prosecuting Attorney services with the City of Port Townsend. Commissioner Huntingford seconded the motion. The discussion continued regarding how these services are provided by the Prosecuting Attorney's Office, the possibility that the County will have to absorb costs over the contract amount and the obligation of the City to hire an attorney qualified to handle their cases. Mark Huth reiterated that this is City money coming into the County which is a benefit to the County and has been, overall, a revenue gain for the County. Commissioner Huntingford asked if this contract can be amended to say that the County will provide services up to $30,000 and then the contract will be renegotiated. Mark Huth noted that breaking the cost down to a dollar per case basis would take a lot of work. Commissioner Huntingford indicated that the contract says "the County should make a good faith accounting of time spent on City matters of the previous months under the contract by September 1 of each year." With this information there should be a way to predict when the limit of the contract is being approached. Mark Huth advised that he will get the figures for the Board to review. Chairman Wojt called for a vote on the motion. Commissioner Hinton and Commissioner Huntingford voted for the motion, and Chairman Wojt voted against the motion. The motion carried. Mark Huth asked if he should notify the City that the County will no longer provide these services? Commissioner Hinton indicated that the contract as presented is not acceptable. Mark Huth explained that there will be $30,000 less in revenue in his budget. Commissioner Huntingford asked Mark Huth to bring more information back to the Board about this. Commissioner Hinton moved to delete items 2 and 5 from the consent agenda and adopt and approve the balance of the items as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. AGREEMENT re: Program Funding for 1993; Jefferson/Clallam Big BrotherslBig Sisters; for $500.00. 2. DELETE CONTRAcr re: Prosecuting Attorney Services for the City of Port Townsend 3. Request to Rescind Approved Franchise (Approved on May 6, 1991); Olele Point Road; J. Leslie Donovan 4. CONTRACT Addendum re: Cost of Living Adjustment Calculation Rate; Sheriff's and Public Works Departments; Teamsters Local #589 5. DELETE AGREEMENT and Request for First Quarter Payment re: Program Funding for 1993; Jefferson County Historical Society; for $25,000.00. 6. CONTRACT re: Service Provider for the Health Department; Charlen Westerman 7. CONTRACT re: Providing Indigent Defense Services for 1993 for Superior and District Courts; Clallam/Jefferson Public Defender 8. Accept Resignation of Larry Mulvey from the Transportation Advisory Board AND Direction to the Public Works Department to Advertise for Vacancy 9. Applications for Assistance from the Soldiers' and Sailors'. Relief Fund; Elmer Assman $500.00; Steven L. Simpson $500.00; Mervyn W. Browne $500.00 10.AGREEMENT, Intergovernmental #1-93-15003; Funding for Activities Undertaken to Fulfill the Requirements of the Growth Management Act ($110,840) from July 1, 1992 through June 30, 1993; State Department of Community Development I1.Purchase Requisition re: One (1) 1993 Chevrolet S10 Extended Cab Pickup; Total Price $12,549.39; Bud Clary Chevrolet, Longview 12.Purchase Requisition re: One (1) 1993 Ford F350 1 Ton Crew Cab Pickup; Total Price $15,140.00; Empire Ford, Spokane 13.AGREEMENT re: Supplement re: Right of Way Acquisition CR0825; Airport Cutoff Road (SRI9)/SR20 Intersection Improvement; State Department of Transportation 14. CONTRACT, Addendum re: 1993 Pay Rates Established; Jefferson County Sheriff's Department; Teamsters Local #589 VOL 1'9 :r~TÆ 0 15~~ Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 3 15. CONTRACT, Addendum re: 1993 Pay Rates Established; Jefferson County Public Works Department; Teamsters Local #589 16.Approval of Final Short Plat SP6-91; 2 Lot Subdivision Adjacent to S. Jacob Miller Road; Larry Grewell, Applicant 17. Approval of Shoreline Substantial Development Permit #SDP92-0009; Mooring Buoy Permit in Mystery Bay; M. Kelly Hays, Applicant Bob Mintv. Emer2enCy Service Coordinator re: Special Event Permit; Discovery Bay Fishin2 Derby: Emergency Services Coordinator Bob Minty reported that this special events permit is for the Discovery Bay Fishing Derby sponsored by Fire District #5. The Fire District has requested that the $100 permit fee be waived. Bob Minty recommended that the permit be approved as submitted. Commissioner Hinton moved to approve the special event permit and waive the fee as requested. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Barbara Blowers re: Proposed Grant Application for Plannin2 and Feasibility Study; Small Flow Sewa2e System. Marrowstone Island: Barbara Blowers stated that Puget Sound is at a cross roads for dealing with pollution. In the southern part of Puget Sound most of the commercial and recreational shellfish beds have been closed due to pollution and Jefferson County has some areas that are beginning to show a critical need for cleanup. There is State and federal funding available for clean up activities such as removing septic drainfields from sensitive (including shoreline) areas. These grants will fund from 50% to 86 1/2% of the cost of a project. The remaining project costs can come from a variety of other sources, with very little coming from the County. The grant applications for feasibility studies have to be submitted by February 26, 1993. Ms. Blowers explained that she can write the grant application, have it reviewed by the State Department of Ecology and the County Commissioners and then have it signed by the Commissioners. The proposal is to apply for planning grants to study the feasibility of installing small flow sewage treatment systems to remove individual drainfields from along Kilisut Harbor, Mystery Bay, Quilcene, Cape George and Beckett Point. The County would be the lead agency for this grant application. Feasibility activities include educating the people involved in the project in each neighborhood, having an engineer plan what system to use, looking as soils, finding a location for the system and making a final determination of the system design to use. Commissioner Huntingford asked if the Health Department has been consulted about this grant application? Barbara Blowers explained that Larry Fay, the Environmental Health Director knows about this funding. Commissioner Huntingford asked if Barbara Blowers would meet with Larry Fay, tomorrow morning if it can be arranged? Barbara Blowers indicated that she would meet with the Board and Larry Fay on Tuesday. (The meeting was later set for 10:00 a.m. on Tuesday morning) PUBLIC COMMENT PERIOD: The following items were discussed: the process for developing the interim ordinances required for Growth Management; a request that a sawmill in Gardiner be monitored and kept in compliance with the State noise standards; the action taken on Thursday by the Board directing the Planning Department to develop a stand alone critical areas ordinance; a proposed change to the Interim Zoning Ordinance that restricts building size; a "Thank you" to the Board for their action last Tuesday evening regarding the proposed Shoreline Program amendments; and the current community plans and how they fit into the new regulations for Growth Management. Noise Complaints: Planning and Building Department Director Craig Ward explained that the State Department of Ecology gives local governments the authority to enforce State noise standards. The Building Official takes readings with the County's noise VOL t9 ,rAfE 0 1Sa Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 4 meter on noise complaints. This meter is not calibrated and it is not known if it meets all of the requirements for the information gathered to be used if enforcement of the law requires going to Court. Chairman Wojt asked what it takes for a person to be certified in the use of this equipment, so that they could testify in Court? Prosecuting Attorney Mark Huth explained that having an employee run the noise machine a couple of times a year would not make them a credible witness in Court. Craig Ward reported that there is a consultant that the County can use to take readings and make a report on noise complaints and there is $1,000 in the budget which can be used for this purpose. BUSINESS FROM COUNTY DEPARTMENTS PUBLIC WORKS Alan Dashen. Seattle Northwest Securities (Bond Counsel) re: Bonds for Solid Waste: Public Works Director Gary Rowe introduced Alan Dashen of Seattle Northwest Securities. Mr. Dashen reported that the bond sale was finalized last Wednesday for a little over $2 million. $1,953,000 was put in the County's construction fund. The annual debt service for these bonds is about $180,000 per year over the next 20 years. They are limited tax general obligation bonds. A representative of Foster, Pepper, and Sheffleman then reviewed the resolution authorizing the sale of the bonds. Commissioner Huntingford moved to approve RESOLUTION NO. 14-93 and the contract with Seattle Northwest Securities authorizing the sale of bonds for solid waste projects as presented. Commissioner Hinton seconded the motion which carried by a unanimous vote. AGREEMENT Grant No. G9300178 re: Coordinated Prevention Grant; State Department of Eco102Y: Solid Waste Specialist, Jeff Frettingham, reported that the State Department of Ecology has one coordinated prevention grant which the County is using for moderate risk waste programs for collection, disposal and education activities to implement 1991 Hazardous Waste Management Plan. He then reviewed the elements of this grant agreement. Chairman Wojt noted that a letter was received from the Port of Port Townsend about their satellite collection facility for moderate risk waste. Jeff Frettingham stated that the Port has expressed interest in working with the County on this. Lloyd Cahoon, Manager for the Port of Port Townsend, reported that the facility that the Port is proposing is smaller than the one proposed by the County. The Port could help with staff for the two sites. Savings can also be realized by negotiating with just one firm to take the waste items out of the County. Commissioner Hinton suggested that the coordinator of these facilities be a contract position. Commissioner Huntingford asked what quantity of this type waste would be generated by the Port? Lloyd Cahoon stated that they don't have final figures on that yet, but most of the quantity is generated by small businesses and people working on their boats. During discussion of how to proceed to include the Port in this grant, Gary Rowe explained that there is nothing in the grant agreement that would preclude the County from including the Port as part of this project. Lloyd Cahoon stated that the Port would like to be included as part of this grant agreement. VDl t9r~'Gf 0 1.54 Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 5 Commissioner Hinton moved to refer this grant contract back to the Public Works Department to negotiate with the Port and the State Department of Ecology to include the Port's facility in the grant agreement. The motion died for lack of a second. Chairman Wojt asked if there is a time limit on approval of this grant agreement? Jeff Frettingham reported that the grant funds must be used by the end of 1993. Commissioner Huntingford asked if the Port and the Public Works Department can work out what is needed within two weeks? Gary Rowe reported that first an interlocal agreement between the Port and the County must be worked out and then an amendment to the grant can be proposed. Commissioner Huntingford moved to approve the grant agreement on the condition that the Public Works staff work with the Port of Port Townsend within the next two weeks on an interlocal agreement. Chairman Wojt seconded the motion. Lloyd Cahoon added that he feels that the County and the Port should go back to the DOE with a coordinated project. Gary Rowe noted that if the agreement isn't approved it will hold up funding for seven other programs that have nothing to do with this project. Chairman Wojt called for a vote on the motion. Commissioner Huntingford and Chairman Wojt voted for the motion and Commissioner Hinton voted against the motion. The motion carried. Discussion of Recommendation from Stormwater Mana2ement Advisory Board re: Education Pr02ram: Program Manager, Bruce Laurie, reported that the Stormwater Advisory Board recommended, and the previous Board agreed, to set up a public outreach educational program on Chapter 70 of the Uniform Building Code. He noted that he would like confirmation of that action by the new Board. Commissioner Hinton moved to defer any action on this recommendation until persons are appointed to fill the vacant positions on the Stormwater Management Advisory Board. Commissioner Huntingford seconded the motion. Perry Spring, Chairman of the Stormwater Management Advisory Board reported that this Board has been without staff for seven months and there is a significant need for the education program. He asked for input from the Commissioners on priorities for the Stormwater Management Advisory Board. Commissioner Huntingford stated that he would like to get the vacancies filled, and once that is done, all of the members of the Advisory Board can review what needs to be done. Chairman Wojt called for a vote on the motion. Commissioner Huntingford and Commis- sioner Hinton voted for the motion. Chairman Wojt voted against the motion. The motion carried. CONTRACT re: Enhanced 911 Services: U.S. West: Gary Rowe reported that this contract is for enhanced 911 telephone, services. Prosecuting Attorney Mark Huth added that U.S. West is the only telephone company in the area that is big enough to provide the necessary services for implementation of this system in the entire County. Commissioner Huntingford moved to approve the agreement with U.S. West for Enhanced 911 services. Commissioner Wojt seconded the motion which carried by a unanimous vote. Patricia Moriarity and Others. Representin2 Property Owners on the Quinault Indian Reservation re: Memorandum of Understandin2 between the County and the Quinault Indian Nation: Patricia Moriarity explained that she and others present are owners of properties in Jefferson County located on the Quinault Indian Reservation and are all part of the Quinault Property Owners Association. She explained that they are here to urge this new Board to effectively represent them in any and all negotiations governing the use of their land. Because of current restriction placed on their properties by the Quinault Indian Nation, VOL 19 t~t£ 0 :155 Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 6 they have been unable to develop or sell their property, which they feel makes it virtually useless. Jefferson County has not represented their interests. They feel that the Memorandum of Understanding signed by the outgoing Board is very flawed and does nothing to enhance their interests. They are asking the current Board to take strong action on behalf of the property owners on the Quinault Reservation in Jefferson County. George Garland, President of the Quinault Property Owners Association, asked if the Board members agree with the Resolution and Memorandum of Understanding signed by the previous Board? The Commissioners each indicated that they have been briefed on the resolution and MOU. Chairman Wojt explained that the resolution and memorandum just say that Jefferson County will enter into agreement with the Quinault Tribe that there has been no agreement yet. Mr. Garland reported that the Quinault Property Owners Association is requesting that the Board zone all fee title property within the Quinault Reservation, and that they County control the zoning, the permit system and inspections, on the same basis as like property off the reservation. They want the County to protect their rights when they are on the reservation (Sheriff's Department services). Jefferson County has collected taxes on these properties for the last 20 years while the zoning and control of zoning have been in the hands of the Tribe. Mr. Garland stated that this represents a consensual agreement. This subjects fee title property owners to a Tribal government in which they have no vote, no right of appeal, no right of jurisdiction, no right of due process and no voice in the Tribal government. They are asking the Board to terminate that understanding and resume the responsibilities of County Commissioners to protect their property. The discussion then turned to the Brendale Case and how it has been interpreted regarding treaty Tribe rights over fee title properties, and an explanation of what "consensual agreement" means to these property owners. Mr. Garland stated that the Quinault Property Owners Association feels that by the County signing the MOU, it has put them in the position of surrendering their property rights to the Tribe. Mr. Garland invited the Commissioners, the Prosecuting Attorney, and the Director of Community Services to join the Quinault Property Owners on Wednesday at 10:00 a.m. at the Grays Harbor County Courthouse in Montesano to discuss this issue with the Commissioners of Grays Harbor County, and their Prosecuting Attorney. Pierce Davis. President Port Madison Owners Association, reported to the Board about a law suit he was involved in with the Suquamish Indian Tribe on their Port Madison reservation (Kitsap County). He reported that the Kitsap County Commissioners sent a letter to the Chairman of the Tribal Council stating the County's position that the Suquamish Tribe's authority within the original boundaries of the reservation, extended only to enrolled members of that Tribe. The fee title property owners were within the County's jurisdiction and the Tribal Police powers were defined in the same way. Floyd Dickinson reported that he owns 19 acres of property, located just north of Queets. This property was sold by the U.S. Government in 1928 to Ted Goodyear. The deed for the property was signed by President Coolidge. Mr. Dickinson explained that he purchased the property in 1968. He feels that Jefferson County has not helped, even though they pay taxes. Their property is under the jurisdiction· of the Quinault Tribal Council. Pat Moriarity reported on the problems she has had trying to develop and/or sell her property. Prosecuting Attorney Mark Huth explained that the Sheriff's Department does have some criminal jurisdiction over non-indians on the Quinault Indian Reservation. He then explained that with regard to civil jurisdiction, until the Brendale decision came out, the law was interpreted by the County to mean that Tribe's had land use authority on an Indian Reservation. The Brendale decision is not a clear statement of the law because it divides the Yakima Reservation (the subject of the law suit) into open and closed areas and provides for differences in jurisdiction in those areas. That decision is subject to interpretation and will be a judgment call for the County to make. The prior Board, in signing the MOU, was vot 19 tAtE 0 i5'3 Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 7 attempting to reach agreement with the Tribe concerning the mutual exercise of jurisdiction, with both the Tribe and the County trying to conform their land use regulations so they are the same, as much as possible. Mark Huth advised the Commissioners not to try to assert full jurisdiction, but to continue to negotiate with the Quinault Indian Nation and to include the Property Owners Association in those negotiations. George Garland concluded by saying that the Quinault Property Owners Association would like to work with the County. Chairman Wojt suggested that the Quinault Property Owners Association get in touch with Mr. Huelsdonk who is coordinating the development of a community plan in the West End. BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND BUILDING David Cunnin2ham. POJ)e Resources re: Discussion of Additional Costs for EIS Coordinator: Planning and Building Department Director Craig Ward reported that when the EIS process for the Port Ludlow development was begun, Pope Resources was given the responsibility to create the first draft. One condition of this arrangement was that Pope Resources pay the cost of an EIS Coordinator hired by the County to review the draft. There was an upper limit of $5,000 on this agreement for this Coordinator position. The Planning Department recommends that Pope Resources continue to cover 100% of the cost for the Coordinator. Commissioner Hinton asked if it is policy that a developer pay the cost for an EIS? Craig Ward reported that there haven't been many EIS's required in the County, but the ones requested in the past have been done at the expense of the developer. He added that the EIS will be the County's document when it is completed and accepted by the Board. Mark Huth added that EIS's are almost always authored by the applicant and then approved by the County. In order to continue paying Ms. Thomas through Pope Resources the current agreement for her services will have to be amended. David Cunningham, Pope Resources, stated that the cost and preparation of the EIS is the responsibility of Pope Resources, there is no question about that. The Coordinator arrangement was suggested because the Planning Department didn't have adequate staff to assure that the document review would be done immediately. Pope Resources agreed to pay for a staff person to facilitate the review process. He estimated that it will take about another $1,000 to $1,500 to cover time to complete her work. David Cunningham suggested that since there is $3,300 in the Planning Department budget for extra help, that the County and Pope Resources split the remaining costs for the Coordinator, starting with hér next invoice. Commissioner Huntingford asked who set the $5,000 limit? Mark Huth reported that this was a negotiated amount. David Cunningham reported that it was his understanding that any amount over $5,000 would be paid by the County. VOL 19 f"í;~ 0 is'? Commissioner Hinton stated that he feels there is a need to expedite this EIS process and he then moved to split the remaining costs of the EIS Coordinator with Pope Resources, for an amount not to exceed $1,500, on a 50/50 basis. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Clarification of Motion Made on February 4. 1993 re: Development of a Stand Alone. Interim Critical Areas Ordinance: Commissioner Hinton moved, in light of the - Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 8 recent discussion and motion on February 4, to amend that motion for clarification and direction: "The motion adopted on February 4, 1993 pertaining to an interim, stand alone critical area ordinance be amended to include direction to the Planning Department to incorporate the thrust of Al Boucher's paper of February 1, 1993, pertaining to Goa~ Objectives and Ordinance Form, for a stand alone ordinance. The essence of this language and thrust should be captured in an ordinance preamble or in a set of findings. To the maximum feasible extent, the new draft ordinance should be limited in coverage to those minimum designations and minimum protection standards permissible under the GMA. Drafting of this stand alone Board ordinance will be treated by the Planning Department as a top priority assignment." Commissioner Huntingford seconded the motion. Commissioner Hinton pointed out that this is an interim ordinance that should take into consideration all aspects of the GMA and he feels that the other changes to SEP A and the workshops are separate issues that can be done later. He suggested that once the ordinance is drafted, it be reviewed by the Prosecuting Attorney and an outside legal firm to get assurance that it is a legally defensible document. Chairman Wojt asked for clarification on whether the input from previous workshops on GMA regulations would be considered? Commissioner Hinton reiterated that he feels what needs to be done is to develop a minimal, stand alone ordinance to address critical areas and the issue of having workshop on the draft ordinance can be dealt with later. Planning and Building Department Director, Craig Ward, asked for clarification of how Mr. Boucher's memo of February 1 fits into this? He asked if it is the minimalist approach represented in Mr. Boucher's memo that the Board wants incorporated into the draft ordinance? He added that there is some discussion in the memo of alternatives available for critical area protection and examples of approaches that can be taken. Çommissioner Hinton stated that what is needed is a minimal interim critical areas ordinance that will satisfy the mandates of the GMA. The other aspects of GMA also need to be incorporated into this ordinance. Chairman called for a vote on the motion. The motion carried by a unanimous vote. Request for Conditional Use Permit #IZ54-92; Pottery Studio as a Home Occupation in the General Use Zone; Susan 02i1vie and James Posey: Associate Planner Jerry Smith reported that the Hearing Examiner reviewed this request for a conditional use permit to allow a pottery studio as a home occupation in the General Use Zone and recommends approval subject to 12 conditions. Commissioner Hinton asked if the applicant is agreeable to all 12 conditions? Carol Weis, the applicants representative, reported that the applicant has agreed to comply with all the conditions. Commissioner Huntingford moved to approve the conditional use permit as recommended by the Hearing Examiner. Commissioner Hinton seconded the motion which carried by a unanimous vote. Discussion of Buildin2 Code Ordinance Adoption: Craig Ward reported that the Board held a public hearing on this proposed ordinance last year (See Minutes of August 3, 1992 and October 19, 1992). Commissioner Hinton and Commissioner Huntingford both indicated that they have listened to the tapes of the public hearings and are aware of the testimony presented. Craig Ward reported that any reference to use of ungraded lumber was deleted from the ordinance, and the use of above ground storage tanks for fuels dispensed to motor vehicles was included (Appendix 2F) except for retail sales of fuels. VOL 19 ,ß;C£ 0 1-58 Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 9 Commissioner Hinton asked about the use of ungraded lumber in non-residential structures? Mike Ajax reported that this is not allowed but a request to make this change can be presented to the State Building Code Council. He will advise the Board when this issue is scheduled on the Building Code Council's agenda for discussion so that information can be passed on to the local sawmill owners who are interested in seeing this changed. Commissioner Hinton moved to adopt the findings of fact as written and approve OR- DINANCE NO. 01-0208-93 and to have the Planning and Building Department draft a memo to the State Building Code Council with a proposed amendment for the use of ungraded lumber in non-residential structures. Commissioner Huntingford seconded the motion. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. Commissioner Huntingford moved that the ordinance be effective February 19, 1993. Commissioner Hinton seconded the motion which carried by a unanimous vote. Letter to Port of Port Townsend re: Redistrictin2: Commissioner Hinton moved to have the Chairman sign the letter to the Port of Port Townsend in response to their letter about redistricting. Commissioner Hinton seconded the motion which carried by a unanimous vote. Application for Assistance from the Soldiers' and Sailors' Relief Fund: Commissioner Huntingford moved to approve the Soldiers' and Sailors' Relief Fund application submitted for Kenneth Austin in the amount of $250.00. Commissioner Hinton seconded the motion which carried by a unanimous vote. The meeting was recessed at the end of the scheduled appointments and reconvened at 7:00 p.m. All three Board members were present. HEARING re: Proposed Solid Waste Fee Ordinance: Seven interested County residents were present when Chairman Wojt opened the public hearing. Public Works Director Gary Rowe made a slide presentation of the current County landfill, recycling facilities, and drop box sites. He reported that the proposed tipping fee of $110 per ton is broken down as follows: $47.64 for solid waste transportation to Klickitat County, $13.37 for transfer station operations (getting material ready for long haul), $12.10 for debt service on bonds for building the transfer facility, $8.76 for administration, $8.74 for recycling operations, $8.15 for drop box operations, $3.81 for moderate risk waste programs, $1.34 for environmental monitoring, $.75 for planning, $.50 landfill post closure activities, and $4.84 for solid waste tax. The Chairman then asked for public comment. Bernard Peterson asked what the $47.64 represents for solid waste transport? Solid Waste Specialist, Jeff Frettingham, explained that this amount represents what it costs to dump the garbage at the KIickitat Regional Landfill ($18.00+/ton) and the cost of transporting the garbage to that site. Mr. Peterson asked what the total income from the drop boxes and landfill was last year? Jeff Frettingham reported that the total income in 1992 from solid waste fees was $974,756.31. Gary Rowe explained that this revenue currently pays for the all of the solid waste programs listed, except the debt service, and transport costs. Recycling does not pay for itself and the tipping fee provides a portion of that cost also. The recycling program costs about $240,000 per year and brings in about $110,000 in income. Charles Adams asked if there are any reserve funds in this budget in case the costs change? Gary Rowe reported that there are no reserves budgeted. There has been money set aside for the last few years to help pay for the closure of the landfill. Patti Sullivan stated that she is confused and would like more information. She would like to see comparison figures for 1990, 1991, and 1992. She suggested that a citizens committee 1-"'" \ \ '¡ '-. 19 ·~.r¡:: r" \:.. o 1.59 Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 10 be put together to review these rates. Gary Rowe explained that there is a Solid Waste Advisory Committee that has reviewed this proposed rate increase and recommends the increase in tipping fees. The discussion continued regarding the amount of the tipping fee, why it is recommended at this level, possible alternatives to transporting the garbage elsewhere, the possibility of a regional landfill in Jefferson County, and the costs and process for opening a new landfill cell. Byron Swigart asked if there are funds within this budget to build a landfill here in the future? Gary Rowe reported that the County could plan for it, but there is no funding to actually construct a new landfill cell. Doug Simpson asked how the City's composting facility at the landfill relates to this proposal? Gary Rowe reported that the City's composting facility is a separate facility. All of the costs related to its operation are the City's responsibility. The County and City will share in the cost of constructing a storm water collection facility off site. Byron Swigart asked what effect no increase in fees would have on these programs? Gary Rowe reported that all of the drop boxes would have to be closed, the recycling operations would have to be curtailed or closed, and the moderate risk waste component of the Solid Waste Comprehensive Plan would not be implemented. Jeff Frettingham added that the operating hours of the landfill would have to be cut back also. Bernie Peterson explained that his biggest concern with raising these rates so high is the illegal dumping that will occur in rural areas of the County. His property is being circled with garbage. He asked who will take care of this when higher fees are passed? Doug Simpson asked about the debt service on the bonds? Gary Rowe reported that the bonds begin at 3.00% this year and that grows over a 20 year period to 6.5%. Jerry Mingo. Jefferson County resident and Recycling Coordinator for Island County. said that as a member of this community he is· willing to pay higher garbage rates because of the benefits that will come through these programs. It's not government that is spending money, it is the people who are generating garbage that are requiring that these program be put in place. Mr. Mingo reported that these figures look very close to what's happening in Island County. The tipping fee there is currently at $95.00 per ton, and if they had to float a bond, the fee would increase to $107.00 per ton. Illegal dumping is a concern and Island County faced that problem when they raised their fees by 45%. The Health Department is very aggressive and has been active in pursuing illegal dumpers. He feels that these fees are in line with what is going on in the State. Commissioner Huntingford asked what Island County does with their garbage? Mr. Mingo reported that Island County just closed their landfill and they long haul the garbage to Arlington Oregon. They had to enter into a 21 year contract at a cost of $20 million. He added that it is more desireable to long haul than to build local landfills because of all of the regulations that must be met which include leachate and gas collection system, contingency plans, etc. For smaller counties, it doesn't make sense. Hearing no further comments, Chairman Wojt closed the public hearing. Commissioner Hinton asked if Island County did an assessment of the cost of a new cell? Jerry Mingo reported that even though a hole was excavated for a new cell, it was found not to be cost effective to proceed with making it a State permitted landfill. He explained that Island County is designated a sole source aquifer (the Island gets all of its water from the ground) which increased the standards that had to be met for landfill design. He said he does not know the actual cost figures for construction of the landfill. Commissioner Hinton asked what the cost is for the construction of the transfer station? Jeff Frettingham reported that it will cost approximately $730,000. VOL 1 '9 f~rE ^ ~o 1.6f] I Commissioners' Meeting Minutes: Week of February 8, 1993 Page: 11 The Board directed that the Public Works Department staff develop the findings of fact for this action and put the final Ordinance on the agenda for Tuesday February J.9;" 1993. ¡~ MEETING ADJOURNED SEAL: ATTEST: i VOL Ar~ 19 ¡r~t'F 0 .L~!j.!,