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HomeMy WebLinkAboutM071293 u~ 'V" ~ò~ MINUTES WEEK OF JULY 12, 1993 The meeting was called to order by Chairman Richard Wojt. Commissioner Robert Hinton and Commissioner Glen Huntingford were both present. COMMISSIONERS' BRIEFING SESSION Edward Markusen. Library Board of Trustees re: Request to Purchase Property Adjacent to the Librarv: Edward Markusen reported that the Library Board would like to purchase a piece of County property adjacent to their site because they are concerned about future expansion of the library. They have had to double the size of the library during its first five years of operations. They are also concerned about adequate parking for the facility, which is currently a problem during special events. If this property could be purchased it would triple the current size of the library site. Public Works Director Gary Rowe discussed the future use of the property with the Board. He explained that the County has no specific plans for the property, but would like to retain ownership until such time as the Library has identified a specific use for additional property. He reported that the County can negotiate with the Library District regarding the sale of the County property because the District is a governmental entity. Ed Markusen noted that the Library Board is concerned because of the change in the County Board of Commissioners. They know that the Library is going to expand and they don't want the adjacent County property to be used for something that isn't compatible with the Library. Gary Rowe explained that unless there is an agreement in writing, there can be no guarantee regarding the use of that adjacent property from any future Board of Commis- sioners or Library Board. The Board directed the Public Works Director to work with the Prosecuting Attorney and the Library District Board to develop an agreement regarding the right to future use of this property. Plannin2 Commission Vacancy; Commissioner District #3: Since there is only one applicant for the Planning Commission, Commissioner Hinton moved to appoint Gary Phillips to the vacant position representing Commissioner District #3. Commissioner Huntingford seconded the motion which carried by a unanimous vote. PUBLIC COMMENT PERIOD: The subject of the hearing scheduled for Tuesday evening regarding the Interim Zoning Ordinance was discussed. '1;"" f'('.t'"'; VCL. i:'J fAC~ UC~ti! Commissioners' Meeting Minutes: Week of July 12, 1993 Page: 2 APPROVAL AND ADOPTION OF THE CONSENT AGENDA: After discussion of Item 4 Commissioner Hinton moved to delete it and adopt and approve the balance of the items as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. Approval of Purchase Order; 1994 Budget Consulting Services; Charlie Earl 2. Appointment; Chief Ken DeWitt, Jefferson County Fire Protection District #3 as Fire Chief Representative on the Olympic Region Fire Defense Board 3. Approve Request as Recommended by the Public Works Department; for Private Road Easement Width Reduction; Short Plat #SP-06-93, Three (3) Lot Short Subdivision adjacent to Shine Road; William L. Halvorson, Applicant 4. DELETE ITEM AGREEMENT, Grant #G9400004 re: Port Townsend Marine Science Center - Shoreline Education Program - Phase II (July 1, 1993 through June 15, 1994); State Department of Ecology BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND BUILDING DEPARTMENT AGREEMENT. Grant #G9400004 re: Port Townsend Marine Science Center - Shoreline Education ProS!ram - Phase II (July 1. 1993 throu2h June 15. 1994): State Department of EcoloS!v: Commissioner Hinton asked Planning & Building Department Director Craig Ward if the local match for this grant is volunteer work? Craig Ward answered that is correct. Commissioner Hinton moved to approve the agreement for the Port Townsend Marine Science Center shoreline education program as submitted. Commis- sioner Huntingford seconded the motion which carried by a unanimous vote. Discussion of PlanninS! Commission Report on the Draft Critical Areas Ordinance: Craig Ward asked the Board for direction on how they would like to review the report from the Planning Commission on the draft Critical Areas Ordinance? Commissioner Hinton moved that a public workshop with the Planning Department staff be set for July 20, 1993 at 9:00 a.m. Commissioner Huntingford seconded the motion which carried by a unanimous vote. PUBLIC WORKS DEPARTMENT Bob Minty re: Special Event Permit: Airport Daze; Jefferson County Pilot's Association/FliS!htline Services: Commissioner Hinton moved to approve the special events permit for Jefferson County Airport Daze and to defer action on the request to waive the permit fee until next week. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Bob Minty reported that participants will be encouraged to park within the designated parking areas and not along the County Road. Proposed Solid Waste Fee Ordinance: Public Works Director Gary Rowe reported that the hearings on the proposed ordinance have been completed. Chairman Wojt asked if the County will continue to work with the people in the west end to develop a program that will meet their needs, if the fees are adopted as proposed? Gary Rowe stated that he feels a rate should be established for the west end, but the effective date could be set for a future date that would allow time to work with the community. Chairman Wojt asked when the proposed fees would go into effect if adopted today? Gary Rowe reported that the rate for the landfill transfer station would be effective 60 days from adoption to allow time for the franchise haulers to get a rate increase approved , VOL 1 9 rAC~ 690 Commissioners' Meeting Minutes: Week of July 12, 1993 Page: 3 through the UTC. The drop box site fees could be approved effective 10 days from adoption if the Board feels that is what they want to do. Gary Rowe reported that the rate proposed is $130.00 per ton. The contract has been signed with Regional Disposal Company for long hauling the garbage to eastern Washing- ton. The proposal that RDC submitted and bid on, used a tandem trailer. Negotiations for a change order have been started to allow a different equipment configuration at a $45.00 per ton rate. Based on this new figure the Public Works Department recommends that the Board set the rate at $110.00 per ton plus tax. This will not help eliminate the deficit, but the Public Works Department recommends that other sources of funding be explored to make up the deficit in the Solid Waste fund such as timber and/or gravel sales from the landfill property. Chairman Wojt asked if the County will be looking at raising the tipping fees again in the future if this lesser fee is approved? Gary Rowe reported that the contract costs, operating hours and times, and the recycling program costs are all variables that impact the amount of the fee charged. He doesn't believe that the County will have to revise these fees again this year. The new recommended fee, with the newly negotiated rate for long hauling, will cover the operations of the solid waste division. Commissioner Hinton asked if the $45 rate includes the tipping fee at the landfill in eastern Washington? Gary Rowe reported that is correct. The different equipment configuration was negotiated, along with the new rate, because the trailers will be trans- ferred to rail in Tacoma. The agreement is that the County will do everything possible to keep the trailers up to the maximum weight. The discussion turned to the possibility of compacting the garbage at the landfill and how the recyclable materials can be handled to get them out of the waste stream. Commissioner Huntingford stated that he would like to see possible reduction in the hours and number of days the drop box sites and landfill are open to the public. He asked when the new equipment arrangement will be used? Gary Rowe reported it will be started on July 21, 1993. Commissioner Hinton asked the hourly cost of operations at the landfill and the drop boxes? Gary Rowe reported that the landfill transfer station costs about $75.00 per hour to operate while the drop boxes cost $7.00 per hour to operate. Bernie Pedersen asked how the number of tons will be verified with the haulers? Gary Rowe reported that the boxes from the transfer station are covered with a tarp and transferred on to the railroad cars in Tacoma. The weight of the box leaving here is compared to the weight of the boxes dumped in eastern Washington. All of the garbage coming into the transfer station is weighed, even the drop boxes brought in from the drop box sites. Commissioner Hinton stated that at the February public hearing the Public Works Depart- ment asked for $110 per ton fee. Now, four months later the proposal is for $130 per ton which has just been revised again to $110.00 per ton. He then reviewed some figures presented at the previous public hearing which are different than those presented recently. He added there has been no explanation given for the differences in these figures. Based on the information provided by Public Works and the testimony given at the public hearings, Commissioner Hinton stated that he is convinced that there are excessive charges being arbitrarily applied with little or no account to make the operation more cost effective. He believes it is the Commissioner's duty to assure the citizens of Jefferson County that government at any price is not acceptable. The government should be operated to provide reasonable and efficient service on a fiscally sound basis of need. Based on all records and numbers available and with the lack of any credible explanation, he believes the citizens of Jefferson County are being exploited by the Public Works proposal. .VOL 1- 9 rAG~ 691 Commissioners' Meeting Minutes: Week of July 12, 1993 Page: 4 Chairman Wojt asked what information Commissioner Hinton wasn't given that he needed? The discussion turned to what information is still needed regarding the solid waste division. Commissioner Hinton explained that he has not be given solid justification for the numbers presented. He pointed out that the information on refuse taxes indicates that on 14,870 tons there is $50,000 in taxes. When that tonnage amount is reduced to 12,370 tons the taxes are shown as $15,518 which is a $35,000 difference. He feels there are irregularities in the numbers provided and no basis to prove how much of a rate increase is needed. Public Works Accountant Anne Sears explained that she made an error in computing the refuse tax on the total number of tons. The City of Port Townsend and Superior Refuse do not pay refuse tax. The tax figures have been reduced on the expenditures and revenues and the figures have been corrected. Gary Rowe added that there are two taxes collected: 1) the B & 0 Tax, and 2) the Refuse Tax. The refuse tax is the 4.6% added to the tipping rate. The B & 0 tax is based on gross income. The discussion continued regarding some other figures where Commission Hinton found discrepancies. Gary Rowe added that the figures presented to the Board in February were based on the original budget of $211,000.00. Subsequently, at the direction of the Board, that budget was lowered to $171,000.00 which was based on an attempt to reduce overhead costs. Commissioner Hinton then moved to: 1) Deny any further rate increase through calendar 1993. 2) Instruct Public Works to work with Bayshore (Skookum) Enterprises to modify recycling activities to bring costs in line with projected revenues beginning in September for the remainder of 1993. 3) Instruct Public Works to reduce its administrative, planning, and educational costs to a level not to exceed the amounts proposed at the February public hearing. 4) Instruct Public Works to develop a job description for a new position of Solid Waste Director by September 1, 1993. This position shall include all of the duties and responsibilities for administration, monitoring, recycling, planning, managing, educating, and supervising associated with solid waste operations and that the position of Solid Waste Operations Manager, Solid Waste Specialist and Recycling Coordinator - Public Works, not be funded beyond December 31, 1993. 5) Keep landfill and drop box operations at the current service level for the remainder of 1993. 6) Have Public Works monitor the cost on a monthly basis and insure that the operations of the solid waste program will not create a deficit at the end of 1993. 7) Have Public Works seek the help of the Solid Waste Advisory Committee to develop a proposal for budget year 1994 with substantial narrative and full disclosure of alternatives. In addition, explain how the County can operate its solid waste program at the current service level, at cost, or for less than cost. Alternatively, other proposals should not exceed $100.00 per ton tipping fee including tax for 1994. 8) Have Public Works implement a voluntary drop box rate program up to $2.00 per can utilizing stamped return envelopes at the west end of the County beginning September 1, 1993. Commissioner Hinton added that his motion is aimed at balancing the budget, maintaining current service levels, improving efficiencies, developing alternatives and planning for the future Commissioner Huntingford pointed out with regard to number 8 ($2.00 per can) that placing a charge at the drop box in the west end was to make it comparable with the charge at other drop box sites in the County. Commissioner Huntingford stated, he feels the $2.00 charge will not accomplish that goal. Commissioner Hinton answered that one goal was to bring the charge in line, but the other problem is that going from zero to $5.00 will be extremely tough on those people. The people in the west end suggested $2.50 or $3.00 as a reasonable fee. They also pointed 19 rAG~ 692 ,VOL Commissioners' Meeting Minutes: Week of July 12, 1993 Page: 5 out that they contribute, to many taxes (library, Port, transit) that they receive no services for. The big problem in that area is that much of the garbage comes from Grays Harbor County. His big concern is that no matter what fee is implemented there, there will be expenses to develop and run the site which may be more than the revenues generated. That is why he suggested a volunteer program. Commissioner Huntingford stated that he likes the sound of all most every item in the motion, but before he will support it he wants to make sure that the solid waste operations will not go in the hole any further. He said that he wants to go over the figures presented by Commissioner Hinton with the Public Works Department staff to make sure that what is being proposed will work as predicted. Chairman Wojt stated that he isn't sure what is being proposed will work. He doesn't feel the administrative costs can be reduced while the level of service remains the same. He asked if Commissioner Hinton has reviewed all of the figures with the Public Works staff? Commissioner Hinton noted that he has done that in the past, but hasn't gone through the new figures with them. He urged the other Commissioners to review all of the figures. Chairman Wojt asked if the Board would consider postponing the decision on this matter until next week? Commissioner Huntingford moved to postpone a decision on this until next Monday at 11:15 a.m. Commissioner Hinton seconded the motion which carried by a unanimous vote. BID OPENING re: Oak Bav Culvert Replacement Project CROI050: Capital Facilities Projects Manager Frank Gifford opened and read the bids received as follows: BIDDERS BID TOT A.LS 1 Seton Construction, Inc. Port Townsend 2. Boone's Excavating, Inc. Carlsborg $133,084.78 including tax. 193,165.56 " " Engineer's Estimate $185,208.00 Commissioner Huntingford moved to have the Public Works Department check the bids for accuracy and make a recommendation for bid award that is to the best advantage of the County. Chairman Wojt seconded the motion in the temporary absence of Commissioner Hinton. The motion carried. The meeting was recessed at the end of the scheduled business and reconvened on Tuesday morning at 10:30 a.m. All three Board members were present. Assessor Jack Westerman re: Mapping: Assessor Jack Westerman reported that this meeting is to discuss what is currently being done with mapping and what is needed in the future. He explained that there are currently two map systems in the Department: 1) the drawn quarter section maps which include information from surveys, and 2) the "warped" composite maps that are composed of the individual quarter section maps that are fit together to make the larger map. These maps do not always line up across map boundaries because of the shrinking or stretching of the quarter section maps. The composite maps need to be made more accurate so that they can be reproduced for use by the development community, however, the warped maps are probably accurate enough for growth management planning. Currently when there are changes both sets of maps are changed and a new composite "warped" map is generated. At some point the information provided to Economic & Engineer Services Inc. (EES) for the Geographic Information System (GIS) mapping needs to be made more accurate. When that is done any change made to the drawn maps and the composite maps will then have to be changed again for the GIS maps. Jack Westerman added that the parcel ownerships and other information ,VOL ª9f 6r'~ l' rA('~ iJJ Commissioners' Meeting Minutes: Week of July 12, 1993 Page: 6 needs to be added to the maps for the growth management process and for the newly required fire patrol assessment. Discussion ensued regarding the best way to proceed with updating the maps, what the maps are being used for, and how other Counties are working through the same problems. Gary Rowe suggested that since the Assessor's Office only needs the quarter section maps for appraisals that they continue to maintain only those maps. Jack Westerman answered that when the Cartographer is updating the quarter section maps, it just takes a little more time for her to update the composite map. He feels this is the easiest and cheapest way for the County to keep these maps updated. The Assessor's Office is requesting that the part time appraiser be hired full time. He could then work on the mapping the other half of his time. They will also need an autocad workstation. The estimated cost of this request is roughly $15,000.00. There will be $5,000 in revenue generated from Forest Patrol Assessments, but that tax may be subject to the proposed tax limiting legislation. Jack Westerman will develop an appropriation request to submit to the Board for their consideration. Members of the Rhododendron Festival Association Board re: Fundin2 Request: Penny and Bob Henderson and Melanie Bozak representing the Rhododendron Festival Association came before the Board to request funding from the Hotel/Motel Tax Fund. The Festival has received $14,000 from the City over the last four years. The City has agreed to give the Festival Association $1,000 this year if the County and Chamber of Commerce also agree to give $1,000 each. The Festival Association is asking for $3,000 from the County. The Chamber of Commerce Board has indicated that they will not approve the $1,000 in funding. Chairman Wojt asked if there is enough Hotel/Motel funding available for the County to fund this request? Community Services Director David Goldsmith asked when the Festival Association needs these funds? Bob Henderson stated they can get through the end of the year, if they can have assurance from the County that their funding request is approved. Commissioner Huntingford moved approve $2,500 from the Hotel/Motel Fund for the Rhododendron Festival Association contingent on the City approving $2,500 also. Commissioner Hinton seconded the motion which carried by a unanimous vote. The meeting was recessed at the conclusion of the scheduled meetings and reconvened at 7:00 p.m. in the Superior Court Courtroom. All three Board members were present. HEARING re: Proposed Interim Zonin2 Ordinance: Chairman Wojt reviewed the hearing procedure for the 16 interested County residents present. Planning and Building Department Director Craig Ward explained that the purpose of the hearing is for the Board to take public comment on the proposed extension of the Interim Zoning Ordinance for an additional period. The ordinance was officially enacted on January 6, 1992 and was to remain in effect until July 6, 1993 or until such time an official control was enacted to replace it. He then reported that no official control as been enacted and explained why. This extension, if approved will extend the effective date of the Interim Zoning Ordinance to allow time to complete the tasks for adoption of an official control. No deadline for the extension was published. The Commissioners need to determine if they would like to keep the public record open for an additional one or two weeks to allow submission of written comments. Prosecuting Attorney Mark Huth stated that the purpose of the hearing is to take testimony on the extension of the Interim Zoning Ordinance. He cautioned those present that it would not be proper for the Board to hear testimony regarding a particular project. VOL 19 rAk694 I , Commissioners' Meeting Minutes: Week of July 12, 1993 Page: 7 Craig Ward further reported that in 1992 the Planning and Building Department received 59 applications under the Interim Zoning Ordinance (commercial, industrial, multi-family and signs.) This year to date 39 applications have been received. Chairman Wojt then opened the public hearing. David O'Kane. 121 W. Eugene Street, Port Hadlock, stated that one third of the Cedar Park Subdivision (in the Tri Area) is zoned commercial under this ordinance. He then submitted and read a petition from 27 of the 29 property owners in this subdivision asking that the commercial development be limited to the boundaries of Irondale Road in the South and Blocks 89, 90 and 91 in the North. Mr. O'Kane then commented that in Section 6 Item 7 of the amendment to the Interim Zoning Ordinance (Ordinance No. 02-0127-92) on security lighting says that "lighting fixtures shall be designed and hooded to prevent the light source from being directly visible from outside the boundaries of the property. " He asked if this section is still in effect? He then noted that Section 8, Item 1 says that "the illumination of signs shall be shaded, shielded or directed so the light intensity or brightness shall not adversely affect the surrounding properties or public and private rights-of-way. 1/ Chairman Wojt asked if Mr. O'Kane is saying that he would like a finer definition of these sections? Mr. O'Kane indicated that is correct. Bill Breitweg 215 Kivley Drive, Port Hadlock, stated concern regarding the Hadlock Community Center Commercial Zone. Lot number 1 of Melwood Terrace is zoned for commercial property only. About seven or eight years ago he had to go to Court because someone wanted to make Lots 1, 2 and 3 commercial and the Court decided that only Lot 1 is commercial. Lots 2 and 3 are residential. The map in the Interim Zoning Ordinance indicates that Lots 1, 2 and 3 are in the commercial zone. He explained that he has been working with the Planning Department since last July to correct this. He asked that this commercial zone boundary be changed to indicate that only Lot 1 is included in it. Pete Brady, 81 Martin Road, Port Townsend, stated that he read in the Leader that there was a possibility that the Interim Zoning Ordinance may not be extended. He urged the Board to continue the Interim Ordinance and that priority be given to the Planning Department to proceed with the permanent ordinance. John Lambert. 61 Lilian Street, Chimacum, stated that he is a relatively new home owner in this area. He asked how a property owner would know what surrounding properties are zoned and what type of uses that zoning would allow (light or heavy industrial or commercial?) He also asked what would happen if his property was re-zoned in the future as commercial? Would that make his taxes go up? Helen Sloan, 11 Anderson Street, Port Hadlock, stated that she is concerned with the zoning in Cedar Park. There are many children that play in this subdivision and traffic has grown considerably in the last 10 years. It is too dangerous to have any more traffic in that area. The map indicates that the commercial boundary cuts into the middle of Cedar Park housing. There are only residential lots in this area. Kav Goodhue, Marrowstone Island, stated concern that Marrowstone Island doesn't have a commercially zoned area. She asked how changes are made to the commercial zone? Craig Ward responded that there is no commercial zone on Marrowstone Island. The property owners on the Island could make application for commercial designation, but they would have to justify that their proposal is consistent with the Comprehensive Plan and Community Plan. There is a provision in the ordinance that application can be made for commercial uses virtually anywhere in the County. Consistency with the Comprehensive Plan is the major test. If a project is proposed adjacent to an existing commercial use that is considered appropriate. Most of the County is in the General Use zone in which all commercial development is conditional. VOL J!', ,.""" 6' "', f''',- , '", " , 1- d rA(J~ tI;) , . Commissioners' Meeting Minutes: Week of July 12, 1993 Page: 8 Kay Goodhue then asked if commercial and residential uses can be located adjacent to each, other in the General Use zone? Craig Ward reported that residential uses are considered the primary uses in the General Use Zone. Sue Posey. 331 Sentinel Firs Road, Port Hadlock, said that she and her husband spent three months earlier this year waiting for approval from the County for a variance to have their home business in a residential neighborhood. They received approval and then found out that there are other people in the neighborhood with home businesses who are not under the same guidelines for noise, odor, and other things that emanate from commercial enterprises in a residential neighborhood. There are quite a few people in the area who have grandfathered home businesses. She asked how there can be such inequity in a residential neighborhood between someone new moving in under great restrictions, and someone who has been there for awhile who may go from one business to another without any rules and regulations at all? She urged that the County continue to have this ordinance in place. Jim Posey stated that he is finding more and more that the grandfathered businesses go from one kind of business to another. There are no restrictions on noise level, or working time and these people think enforcement is a joke because nothing will be done about it. This is really frustrating. Bob Hyskall. 120 W. Eugene Street, Port Hadlock, asked if this Ordinance is now enforceable? He added that commercial security lighting is clearly defined in the or- dinance. Prosecuting Attorney Mark Huth stated that the Ordinance has always been enforceable, but the question is against whom. Enforceability depends on when a particular project or development came into being in relation to when the ordinance came into being. If the development precedes the ordinance then the standards under the ordinance generally can't be enforced against that development. Under the law, a project is vested under the regulations in place at the time the initial building permit application is completed. The County could consider an ordinance that would say that all non-confirming uses would be terminated on a certain date. Mr. HyskaU then reported that he has nine lots in the Cedar Park Subdivision and seven of them are zoned commercial while the other two are zoned residentjal. In his opinion that was the result of either an error or the incompetence of whoever prepared the map. Steven Sloan. 11 Anderson Street, Port Hadlock, stated that the Tri Area Highway Business District Commercial Zone (in the Interim Zoning Ordinance) does not show any other subdivision that is split or infringed upon. Most of the people in this neighborhood are upset about this. This is definitely a residential area and they would like to have this zone changed. Hearing no further public comments, the Chairman closed the hearing. Craig Ward reported that he anticipates putting discussion of this Ordinance extension on the Board's agenda as soon as possible. 'fOL 19 tAl,'.6t16 , ., . Commissioners' Meeting Minutes: Week of July 12, 1993 Page: 9 Commissioner Hinton moved to accept written testimony for a period of one more week from today. Commissioner Huntingford seconded the motion which carried by a un- animous vote. MEETING ADJOURNED SEAL: ATTEST: ds:YlAla J. f1þrMtflA./ _ Lorna L. Delaney, <r Clerk of the Board VOL 1 9 rAf,: 69l~