Loading...
HomeMy WebLinkAboutM090793 MINUTES WEEK OF SEPTEMBER 7,1993 The meeting was called to order by Chairman Richard Wojt, Commissioners Robert Hinton and Glen Huntingford were both present. AI Jakeway re: Cemetery District #2 Board Vacancy: Prosecuting Attorney Mark Huth reported that there is not a candidate for one Commissioner position on the Cemetery District Board, but the incumbent is willing to keep serving until the next general election. AI Jakeway, Cemetery District Commissioner added that the incumbent has been on the Board for four years and is willing to continue. If he chooses not to serve in the future the remaining two Board members would like to be able to appoint a new member. The Commissioners concurred that this appointment be made by the current Board members if a vacancy should occur. Treasurer IIa Mikkelsen re: Cash Handler Trainin~: Treasurer Ila Mikkelsen reported that training is needed in cash handling for County employees. A seminar has been scheduled for November 10, 1993 for employees of the following departments: Treasurer, District Court, Sheriff, Auditor, and Health. A policy and procedures manual for cash handling has been drafted. This policy will be reviewed by the Prosecuting Attorney and the Auditor and when that review is done, it will be submitted to the Board for final adoption. The policy will require that new employees hired into cash handling positions will receive this training within 90 days. Ila Mikkelsen asked if the Board would approve payment of $600 from the County's training budget for the seminar. Commissioner Hinton moved to approve the payment of $600 for a cash handling training seminar for employees. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Prosecutin~ Attorney Mark Huth re: Preparation of Record for Chimacum School District Lawsuit: Mark Huth estimates it will cost about $5,000 to prepare the record for the Chimacum School District lawsuit. Commissioner Huntingford asked who will have to pay for this work? That will depend on who is determined to be the prevailing party, Mark Huth answered. The Judge has put it on record that the School District will pay a sum of money to the Court for this work. The Board concurred that the Prosecuting Attorney get bids on the transcription work. APPROVAL OF THE MINUTES: Commissioner Huntingford moved to approve the minutes of August 23, 1993 as presented. Commissioner Hinton seconded the motion which carried by a unanimous vote. VOL t 9 rÞJ,' on 1.2:17 Commissioners' Meeting Minutes: Week of September 7, 1993 Page: 2 PUBLIC COMMENT PERIOD: The following issues/items were discussed: Concern for the integrity of the planning process with regard to UGA boundaries, County surplus real property, information on surplus real property, the need for recreational programs at least one night per week at the Port Townsend Community Center for people with developmental disabilities. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Huntingford moved to approve the consent agenda as presented. Commissioner Hinton seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 74-93 re: In the Matter of a Notice of Intention to Sell Surplus County Property 2. HEARING NOTICE re: The Intention of Jefferson County to Sell Surplus County Property; Set Hearing Date for Monday, September 20, 1993 at 2:00 p.m. 3. Application for Assistance from the Soldiers' and Sailors' Relief Fund for $280.20; American Legion 26 4. RESOLUTION NO. 75-93 re: In the Matter of Authorizing an Increase in the Base Figure of the County Officers and Employees Advance Travel Fund 5. Letter to VFW #7498 Port Hadlock re: Response to request for Additional Funding for Building Expenses 6. No Objection to Special Occasion Liquor License #357149; Rotary Club of East Jefferson County 7. AGREEMENT re: Community Development Block Grant Responsibilities; Port of Port Townsend and Skookum Products and Services 8. Approval of Shoreline Substantial Development Permit #SDP93-05; Mooring Buoy Permit in Mystery Bay; G. Branan Ward 9. Approval of Shoreline Substantial Development Permit #SDP93-06; Mooring Buoy Permit in Mystery Bay; Bonnie and Thomas Flynn 10.HEARING NOTICE re: Appeal of Final SEPA Threshold Determination; LL-11-92 Deer Hollow; Set Hearing for Monday, September 20, 1993 at 2:30 p.m. 11.AGREEMENT re: Reimbursable Work; Install a Driveway; Jefferson County Fire District No.3 12. Approve Findings, Conclusions, and Decision; Private Road Easement Width Reduction; 25.3 Acre Long Subdivision (Canoe Cove) Plat/Mixed Use Development; LP-08-92 & IZ-46-93; North of the intersection of Oak Bay Road and Alcohol Loop Road; Al- exander and Ventura, Applicants BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND BUILDING DEPARTMENT Approve Findin~s of Fact. Conclusions and Decision; Adequate Provisions for School and Fire Services LP-02-91; "The Inn at Port Ludlow" AND LP-02-93; Ludlow Point Villa~e Division 4; Pope Resources: Prosecuting Attorney Mark Huth reported that he has submitted draft findings for the Board to review. Suggestions and comments on these findings have also been submitted by the Chimacum School District and Pope Resources. He noted that the draft findings he submitted provide a proper basis and summary of the oral decision made by the Board two weeks ago. Chairman Wojt asked about the differences between the Prosecuting Attorney's findings and the ones submitted by the School District and Pope? Mark Huth reported that the School District and Pope both indicated that they don't feel findings should include what a Commissioner said or didn't say. Mark Huth explained that he feels adding this type of finding reflects the deliberation and provides background for the decision. The School VOL 19 PM,; 00 :t21.8 Commissioners' Meeting Minutes: Week of September 7, 1993 Page: 3 District has also suggested that if a voluntary agreement will occur that it be agreeable to all parties. The law states that all parties shall agree on how the monies (collected as part of the mitigation) will be spent. A voluntary agreement would provide for when the money would be collected and how it will be spent. Peter Eglick, Attorney for Chimacum School District, clarified that the School District is not suggesting that there should be a voluntary agreement. It is their understanding that the Commissioners made a decision because a voluntary agreement was not reached. They feel that the language (in the findings) saying that a voluntary agreement should be submitted, should be deleted, because at this point it is irrelevant, and will create con- fusion. If there is to be some sort of voluntary agreement, it can only occur if the School District is a party to it. They are not suggesting that a voluntary agreement is a pos- sibility. They feel the Board's decision will stand and they don't want a voluntary agreement which may open another round of proceedings on this issue. Mark Huth stated that he doesn't feel that a voluntary agreement now would open another round of negotiations. The Commissioners have made a decision on the amount of money that will be paid. There needs to be clarification of the method of payment collection and how the money will be used and disbursed. He feels that the County would be better protected if there is certainty on as many points as possible, through a voluntary agree- ment. Pope, the School District and the County would all have to agree on these items. Commissioner Huntingford stated that it is his understanding that this money will be paid at the time of final plat approval and the School District has indicated that they feel it should be paid at the time of preliminary plat approval. Planning and Building Department Director Craig Ward indicated that the difference in time between preliminary and final plat approval could be as short as a couple of months, or, in some cases, considerably longer. The requirement for making the finding of adequate provision for schools is at the time of preliminary plat approval. Commissioner Huntingford asked if the number of lots could change, due to conditions placed on the subdivision, between preliminary and final plat approval? Mark Huth reported that is correct, but if the condition is on preliminary plat approval, then the fee would have to be paid before final approval can be granted. He added that when the amount is to be paid, can be made part of the voluntary agreement. Commissioner Hinton stated that there is still confusion about whether the fee determined for schools on this plat, is only for this plat, or if it is a county wide or school district wide fee. Mark Huth explained that this fee was set only for the Inn at Port Ludlow, but the Board will have to make a determination that adequate provision has been made for schools on every subdivision. For any future subdivisions in the Chimacum School District the Board could adopt the EIS information for the Inn project and impose the same mitigation. Without an impact fee ordinance the County cannot make a decision about adequate provision for schools on pending subdivisions. That is why the findings for Ludlow Point Village Division 4 adopt all the testimony from the Inn project and impose the same mitigation. Commissioner Hinton stated that he would like the fee imposed at the time of building permit issuance, rather than at preliminary plat approval, because there are times when sub- divisions do not create any impact. Commissioner Huntingford agreed that he would like to see any fee paid at the time of a building permit, but he understands that the County cannot impose such a fee until an impact fee ordinance is adopted. Mark Huth agreed that the real impact is at building permit time and not at the time the land is subdivided. The County could charge at the time of building permit issuance once an impact fee ordinance is passed. If an impact fee ordinance is adopted in the future, the subdivisions that have been required to pay this mitigation fee will not be subject to an impact fee for schools. Craig Ward reported that there is a requirement in the EIS that discusses a need for continued monitoring of the number of school children resulting from the project, so that possible adjustments to mitigation could be made if necessary. He asked if this monitoring VOL 19 rAr;; 00 1-2:19 I Commissioners' Meeting Minutes: Week of September 7, 1993 Page: 4 is required? Mark Huth answered that the County would have to go through a process to set aside or modify that condition of the EIS. This matter can be discussed by the Board at a later time. After further discussion of the voluntary agreement and what would be included in it, how it would work, and how it would protect the County, Mark Huth reported that he will change conclusion 9 for the Inn project and conclusion 4 for the Ludlow Point Village Division 4 project to say that the fee shall be collected prior to final plat approval and that a voluntary agreement, agreed to by all parties, may be submitted by the applicant. The voluntary agreement will set out how and when the fees will be collected, and how and when the money will be spent. He then pointed out that findings 1 and 2 on both projects (dates that documents adopting the Hearing Examiner recommendations, and findings on Open Space were signed by Board) will be clarified in the final findings. He will make these changes and re-submit the draft findings and conclusions for the Board's considera- tion next week. Approve Findin~s of Fact. Conclusions and Order; Up~rade Electric Power Transmission System; Pu~et Sound Power and Li~ht Company: Commissioner Hun- tingford moved to approve and sign the findings of fact, conclusions, and decision on the Puget Sound Power and Light Company's electric power transmission system upgrade. Commissioner Hinton seconded the motion which carried by a unanimous vote. Advertisement of Plannin~ Commission Vacancies: Senior Planner James Holland reported that there are two vacancies for District 2 and one vacancy for District 1 on the Planning Commission. The present incumbents are Robert Greenway (District 1), Sam Swanson and Guy Rudolph (District 2). James Holland will write to the incumbents and explain to them that they can re-apply for their positions. This procedure is designed to allow the Board and the incumbent Planning Commission members to discuss their views of the Planning Commission. The Board concurred that these positions be adver- tised. Receipt of Bids; Independent Le~al Review of the Interim Critical Areas Ordinance: Associate Planner Eric Toews reported that two bids were received for conducting the independent legal review on the draft interim critical areas ordinance: Hillis, Clark, Martin, and Pederson for $1,500, and Carr, Tuttle, Campbell for $6,500. Eric Toews reviewed the qualifications submitted by each of the bidders. Commissioner Hinton moved to approve entering into negotiations with the law firm of Hillis, Clark, Martin, and Pederson for these services. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Amendments to Shoreline Pro~ram: Commissioner Hinton moved that any further recommendations or action on amendments to the Shoreline Management Master Plan by the Planning Department or the Shoreline Commission be deferred until after the first of 1994 when the new members of the City Council are in office. He explained that he feels that the Shoreline Commission has done a excellent job in providing service to both the City and the County. Some of the members of the current City Council contend that the Shoreline Commission hasn't been fair and unbiased. That is why the City is having a hearing on possibly splitting from the County's administration of the program and setting up their own Shoreline Commission. He feels that the County should take a stand and support the Shoreline Commission for their work. Chairman Wojt noted that the County administers the Shoreline Program. There was no second to the motion (the motion died). After further discussion of Commissioner Hinton's motion, Chairman Wojt moved to advise the City Council that the Board feels there is utility in maintaining one Shoreline Commis- sion which serves the City and the County separately and that the County is willing to readdress the issue of Shoreline Commission membership. Commissioner Hinton seconded the motion which carried by a unanimous vote. VOL 19 PAr;; 00 ~220 Commissioners' Meeting Minutes: Week of September 7, 1993 Page: 5 PUBLIC WORKS DEPARTMENT Garv Rowe re: Interim Stamn~ Approval Request: Gary Rowe reported that this request is in response to privatization of drop box hauling. The proposal is to transfer the Drop Box Lead man to road maintenance operations and promote the senior Solid Waste Operator to the position of Solid Waste Leadman. Commissioner Huntingford moved to approve the interim staffing request as submitted. Commissioner Hinton seconded the motion for discussion. Commissioner Hinton stated that since Skookum is contracting to do most of this work, he doesn't see any reason to fill these positions. Gary Rowe explained why these changes are necessary and that there is a provision in the Union contract that says that an employee cannot be laid off because of privatization of services. After further discussion of the changes being proposed, the Chairman called for a vote on the motion. Chairman Wojt and Commissioner Huntingford voted for the motion and Commissioner Hinton voted against the motion. The motion carried. Approval of Purchase Orders (2); Consultin~ Services for Public Works Department Evaluation; Charlie Earl and Jerry Weed: This approval is for using Charlie Earl and Jerry Weed to evaluate the project management, overall management, and financial services provided by the Public Works Department, Gary Rowe reported. Commissioner Huntingford moved to approve the purchase orders as submitted. Commis- sioner Hinton seconded the motion which carried by a unanimous vote. AGREEMENT re: County Use of Mountain View Middle School Swimmin~ Pool; Port Townsend School District: Facilities Manager Warren Steurer reported on the agreement for the use of the School District swimming pool during non-school hours. This new agreement includes a cost for City sewers which will increase the County's costs by approximately $5,000 per year. Commissioner Hinton stated that he would like to see the City participate in the cost of this program. Gary Rowe suggested that the School District be contacted to request that continued use of the pool be allowed without a contract for a 30 day period to allow time for negotiations with the City. Warren Steurer will contact the City to ask that they contribute to this recreation program by waiving their sewer bill. Hearin~ Examiner Findin~s. Conclusions and Recommendations; Vacation of a Portion of a Draina~e Easement; Tala Shores No.3; Kenneth Thompson. Ap- plicant: Commissioner Hinton noted that there was little opposition from adjacent property owners on Mr. Thompson's request to span the drainage easement, however, they don't want to see it closed. Mr. Thompson explained that his plan is to build a room on his existing house over this easement. Prosecuting Attorney Mark Huth reported that a dedicated easement can only be vacated after a public hearing is held. He added that the easement is needed for the purpose of drainage and the question is what it would take to maintain the easement if it was spanned by a structure. He has discussed this with the County Engineer who indicated that enough room would be needed under the structure to get a backhoe into the area. Once the drainage course is interrupted the County is liable for any damage that may result. Mr. Thompson reported that the distance from the bottom of the floor of the structure (kitchen) to the ditch 12 to 14 feet. Horizontally there will be the 10 feet of the easement plus five feet on each side of the ditch. Mr. Thompson asked how much clearance is needed for proper maintenance of the drainage easement? Gary Rowe reported that he doesn't know if the County has ever cleaned out this drainage easement. Mr. Thompson VOL 19 p~J;r on ~221 Commissioners' Meeting Minutes: Week of September 7, 1993 Page: 6 stated that he has discussed his plans for improving the drainage easement with the County Engineer. Commissioner Hinton asked if there is any problem with a dedicated easement being spanned? Mark Huth reported that the County could draw up a license agreement for this use. Provision would have to be made for repair to the drainage easement and who would accept the liability if damage were to occur. Mr. Thompson asked if there is a way to transfer the liability due to damage to him, from the County? Mark Huth explained the license agreement could be written that way, but advised that Mr. Thompson may want to have his own attorney review the document to determine if it is in his best interest to do that. Since the Hearing Examiner recommends denying the vacation, the Board can support that position and direct the Public Works Department and the Prosecuting Attorney to work with Mr. Thompson on a license agreement for his structure. Commissioner Huntingford moved to accept the Hearing Examiner's recommendation to deny this vacation and directed the Prosecuting Attorney and the Public Works Department to develop a license for Mr. Thompson's use of the easement. Commissioner Hinton seconded the motion which carried by a unanimous vote. Joan Fabian re: Jefferson County Domestic Violence Plannin~ Project: Joan Fabian reported that the Domestic Violence planning project report is now available to the public. Flyers announcing that will be put up in public facilities around the County and an announcement will be made on the public channel of cable TV. She asked if the Board would like their names and phone numbers listed in the flyer for questions and comments. Commissioner Hinton suggested that a note be added to the disclaimer in the beginning of the report noting that comments can be sent to the County Commissioners. This note will also be added to the cable TV announcement. Bart Phillips. Economic Development Council re: Support of PDA Wood Technolo~v Center Application: Bart Phillips reported that WOODNET has received a planning grant from the federal government to analyze the development of a Pacific Northwest Wood Products Manufacturing Technology Center to promote value added wood products development and technology. He asked the County to pass a resolution of support for this project and designate the Peninsula Development Association as the County's representative for it. Commissioner Hinton moved to approve RESOLUTION NO. 76-93 in support of the PDA's grant for this project. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Assessor Jack Westerman re: Personnel: Jack Westerman submitted a request to the Board to upgrade the Administrative Clerk position in his office to a Senior Administrative Clerk position. The budget increase, if this request is granted would be $132.81 in 1993 because the employee involved is willing to work 37.5 hours per week. The budget impact in 1994 would be approximately $400.00. Commissioner Huntingford moved to approved the reclassification requested by the Asses- sor's Office. Commissioner Hinton seconded the motion. He stated that the Commis- sioners have to deal with all of the positions in the County. Since it is the end of the year, he would rather wait until other inequity issues, such as mid-management positions, are addressed. Community Services Director David Goldsmith reported that he feels the duties of the position warrant the Senior Administrative Clerk classification. Chairman Wojt called for a vote on the motion. The motion carried by a unanimous vote. VOL t 9 PM; on l222 Commissioners' Meeting Minutes: Week of September 7, 1993 Page: 7 Personal Services Contract Extension; Dennis Pownall: Jack Westerman reported that the Sheriff is willing to fund the personal services contract for Dennis Pownall to work on the Enhanced 911 project for the last two months of the year and he has enough money in his budget to pay for his appraisal services for October. He added that they are also requesting that the hourly pay rate be increased from $10.00 to $10.25 per hour. The Board asked that the Assessor put his request in writing and submit it for their reVIew. Bob Mintv. Emer~ency Services Coordinator re: Special Events Permit; Ouilcene Fair and Parade: Bob Minty reported that the Quilcene Fair and Parade permit has been received. The insurance for the event is through the School's risk pool, and it covers the school and the event sponsor, but does not include the State. Commissioner Hinton moved to approve the special event permit for the Quilcene Fair and parade and to waive the permit fee. Commissioner Huntingford seconded the motion which carried by a unanimous vote. The Board met in executive session with Community Services Director David Goldsmith to discuss a personnel matter from 4:30 to 5:00 p.m. The meeting was recessed at the end of the scheduled business and reconvened at 2:00 p.m. on Wednesday September 8, 1993. All three Board members were present for the following business. Community Services Director David Goldsmith and Plannin~ and Buildin~ Department Director Crai~ Ward re: Re-Or~anization of the Community Services and Plannin~ Departments: Commissioner Huntingford moved to adopt the Community Services organization chart which indicates that the Director of Community Services has direct line authority over the following departments: Animal Services, Permit Center, Human Resource Management, Community Services Fund/Grants, and the Planning and Building Department. Commissioner Hinton seconded the motion which carried by a unanimous vote. Letter to Solid Waste Advisorv Committee re: Advisorv Board Member Terms: The Board signed a letter to the Solid Waste Advisory Committee outlining the terms of the members and advising that Bill Perka could continue in his position until the advertising and interview process is completed. SEAL: .~ VO!_ 1 9 r~r: on 1223