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HomeMy WebLinkAboutM101689 ~ .... " d!:J1::..~ ~ u ~ "- ~ .~ . c-~(-:,,~Oh I ~ \B____&' q " M I NUT E S WEEK OF OCTOBER 16, 1989 The meeting was called to order by Chairman George C. Brown in the presence of Commissioner B. G. Brown and Commissioner Larry W. Den- nison. APPROVAL OF MI~: The Minutes of september 25, 1989 were approved as read by motion of Commissioner Dennison, seconded by Commis- sioner B. G. Brown. The motion carried by a unanimous vote. BUSINESS FROM COUNTY DEPARTMENTS HO:M:AN SERVICES CONTRACT #1440-74178, Amendment #2 re: Revised Statements of Work: Alcohol & Drug Abuse ADATSA: Jefferson county Human Se;rvices and the State Department of Sqci~l and Health servige~: Commissioner Dennison moved to approve contract amendment #2 with the state Department of Social and Health Services for Alcohol and Drug Abuse ADATSA services provided by the Human Services Department. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. Request for Advance out of State Travel: a:uman services De~- mgnt: The 'out of state travel request submitted by the Human Services Department was approved by motion of commissioner Dennison, seconded by Commissioner B. G. Brown. The motion carried by a unanimous vote. Approval of Payment of Bill to Douglas Eacrett for Hoving Hobile BQmft: (See also Minutes of September 18, 1989) Commissioner B. G. Brown moved to approve payment of the mobile home moving bill submitted by Douglas Eacrett for David Schaumburg in the amount of $150.00. Commis- sioner Dennison seconded the motion which carried by a unanimous vote. VOL 15 tH~ OO~.. 494111, .. ~ commissioners' Meeting Minutes: Week of October 16, 1989 Page: 2 PUBLIC WORKS Bob Henderson re: Claims from Zergman (C-06-89l and Levine CC- 07-89): Bob Henderson, Risk/Safety Coordinator and Earl Wells, Maintenance Manager came before the Board to update them on the status of two claims filed against the County. Zergman - C-06-89: Bob Henderson reported that on September 20 there was a brush cutting operation on Beaver Valley Road which involved a brush cutting machine and two flagmen. The Zergman's car approached the flagman at a high rate of speed and didn't stop for his sign. The flagman hit the top of the car with his hand to get their attention. The zergman's were proceeding past the stop sign into a dangerous area because there was only one way traffic and cars were coming from the opposite direction. The Zergman's claim also states that the flagman hit the rear door of the car with his knee, and which caused $500 in damage. The flagman states that he didn't hit the rear door with his knee. Chairman Brown stated that Mrs. Zergman stated, in a phone conversation, that she would drop her claim if the County fires the Flagman. Bob Henderson reported that the recommendation of the Claims Committee is to deny payment of the claim. Commissioner Dennison asked if there were any other witnesses to the incident'? Bob Henderson reported that the brush cutting machine operator was busy working and the other flagman was too far away. Earl Wells stated that the damage to the car could not have been done without injury to the Flagman's knee. The flagman has no such injury. The flagman's job is to stop cars from entering a dangerous area. Commissioner Dennison moved to deny the claim as recommended by the Claims Committee. commissioner B. G. Brown seconded the motion. Chairman George Brown again reported that Mrs. Zergman stated that if the flagman was fired she would drop the claim. She claimed he hit the car above her head with his hand and put a dent in the rear door with his knee. Commissioner B. G. Brown stated that her claim is for damage to her car, not to have the employee dismissed. The Chairman called for a vote on the motion. The motion to deny the claim carried by a unanimous vote. ' Levine - (C-07-89): This claim, Bob Henderson reported, is from Mr. Benjamin Levine who has a sawmill operation in Gardiner. His claim for $3.5 million is for emotional distress and because he has been deprived the use and enjoyment of his property to his continuing financial detriment in the form of lost revenue. The Claims Committee recommends that the claim be denied. Commissioner B. G. Brown moved to reject the claim submitted by Benjamin Levine. Commissioner Dennison seconded the motion which carried by a unanimous vote. PLANNING AND BUILDING Decision on Adoption of Jefferson County Development Code: Eight interested area residents were present when Planning and Building Depart- ment Director, David Goldsmith, reported that the Board needs to take final action on the Jefferson County Development Code. This process sta~ted in 1982 with the Board giving authorization to the Planning Commission to develop this document. A year ago today the Planning Commission submitted a draft document to the Board. The Board has since held public hearings on the draft document, made language changes, and has now published a copy of the code. He added that this document is a compromise to meet the needs of the County. It is hoped that this Code will help the county deal with the changes coming in the future. This Code revolves around the Comprehensive Plan and the Community Plans. The Comprehensive Plan needs to be updated. The community Development plans have been developed by residents of the communities. The Planning Commission is currently working on updating the maps for the Comprehensive Plan. ~VOl 15 r~t~ 004'941& ~ commissioners' Meeting Minutes: Week of October 16, 1989 Page: 3 commissioner Dennison stated that he agrees with David Goldsmith and feels that the bast Code possible has been developed. We need to be open to changes in the Code when changes happen in the community. There are a couple of sections in the Code that have been misunderstood. The wording ,of the section may not reflect the intent of the section. commissioner Dennison the~ proposed four amendments to the code for clarification as follows: 1 & 2) Planned Unit Developments (Commercial page 34 section 6.220.4d and InQustrial Page 40 Section 6.320.2f) current wording states that "In addition to the ap- plication, the proponent shall provide a written business plan which stipulates the type or businesses to occupy the development, a market analysis indicating the unmet need or ~arket availability for the develop- ment, and the commitments for occupancy of the space to be developed." Commissioner Dennison noted that the terms "Business Plan" and "Market Analysis" have caused confusion because these terms refer to specific items used in business. The items that the County is asking for are not the documents businesses refer to by these titles. The new language suggested is as follows: -In addit:ion to the applicat:ion, the proponent: shall pro- vide ~ wri teen plan which. st:ipulat:es t:he type of busi- nesses t:o occupy t:he development, an analysis indicat:- ing t:he need or market availabilit:y for t:he development: at: t:he proposed locat:ion, and commit:ment:s for occupancy of the sp,,"ce to be developed.- It: is the int:ent of this language to place the burden of proof on the project: proponent to show that areas currently designat:ed for c01lJ1lJ.ercial or indust:rial act:ivit:ies are inadequat:e or otherwise deficient in size or locat:ion t:o acc01ll1llOdat:e t:he proposed develo- pment: and t:o show the desirability of the new locat:ion for the proposed use.- 3) Page 40 - Industrial PUD (Section 6.320.2) Clarify first sentence to read "Unless otherwise specified by a comprehensive plan or a community plan policy...n. This language is the same as that used in the other sections of the plan. 4) Page 50 - Home Business - Maximum number of em- ployees for home businesses set at 10 (Section 6.520.3d). Some community plan have set a dif- ferent number for home businesses. The wording should be changed to reflect that the Community Plan will be followed, if there is a difference. The wording should pe changed as follows: ~he maximum 1lWlIber of persons. employed on site shall be as specified by a co"nlllJn~t;y plan policy or t:en ( ~O) persons (including family members), whichever is less." These are not changes in the intent of these sections, they are just changes in the wording to make the sections clear. Commissioner Dennison moved to adopt the four wording amendments to Sections 6.220.4d, 6.320.2f, 6.320.2 and 6.520.3b as presented. Commissioner B. G. Brown seconded the motion. Chairman George Brown stated that he feels that these wording changes tie things down more than intended when this document was published. Commis- sioner B. G. Brown stated that he feels that this language isn't more restrictive, it just clarifies these sections. Commissioner Dennison stated that the business community has stated that requiring a "business plan" and a "market analysis" is not appropriate. This language clarifies what the County's intent is with regard to this wording. LVOl 15 fAtE m~ 4941~ ..- _., .. ~..:~ ff't-. ~ ~ " j" .. Commissioners' Meeting Minutes: Week of October 16, 1989 Page: 4 Chairman Brown called for a vote on the motion. Chairman George Brown voted against the motion. Commissioner B. G. Brown and Commissioner Den- nison voted in favor of the motion. The motion carried. commissioner Dennison moved to adopt Ordinance No. 3-89 the Jefferson county Development Code with the amendments to the language as approved. Commissioner B. G. Brown seconded the motion. Commissioner B. G. Brown and Commissioner Dennison voted in favor. Chairman George Brown voted against the motion. The motion carried. The document is effective immediately. Al Boucher questioned whether the Ordinance can be adopted with amended wording when it has not been adopted yet'? The Board advised that they would check with the Prosecuting Attorney about the appropriate wording for this motion. The Prosecuting Attorney later reported that after checking the R.C.W. he feels that the Board was proper in amending the language of the Development Code Ordinance before adoption since there was no substantive changes in the Ordinance. * * * R~presentatives from Washington state Association of Counties and the WaShington As~ociation of County Officials re: Law and Justice LegiSla- tive Issues: The following people were present for this presentation on law and justice legiSlative issues: James Metcalf, Executive Director, Washington state Association of Counties; Fred M. Saeger, Executive Direc- tor, Washington Association of County Officials; Dan Clem, Kitsap County Prosecuting Attorney; Mayor Brent Shirley, City of Port Townsend; Repre- senting Jefferson County - Lois smith, Director, Juvenile and Family Court Services; David Goldsmith, Director, planning and Building Department; John Raymond, Prosecuting Attorney; rIa Mikkelsen, Treasurer; Jack Westerman, Assessor; Marianne Walters, Clerk; Mel Mefford, Sheriff; Mary Gaboury, Auditor and Gary Rowe, Director, Public Works Department. The meeting was recessed on Monday evening after the hearings on the 1990 preliminary budget for the Assessor, Auditor and County Clerk. The meeting reconvened on Tuesday morning with all Board members in atten- dance to continue the preliminary budget hearing process. The preliminary budget hearings continued as follows the rest of the week: Tuesday- Juvenile Services, Recreation, District Court and Human Services Depart- ments; Wednesday - Treasurer, Planning and Prosecuting Attorney; Thursday - Health Department and Sheriff; Friday - Public Works, cooperative Exten- sion, Board of Equalization, Civil Service Commission, Commissioners, Non- Departmental, Veterans Relief, and Hotel/Motel Tax Fund. Commissioner Larry Dennison was not present on Thursday or Friday for these hearings. MEETING ADJOURNED -' '.0" "..._ ~~- :L.... ,~TY t~0 , '" \):)7' ~- . f,r \.. ''It '. "'- - "'. ,/ ,..", ,', 9t " ,lr. . ''-''. . ;I ',) SEAL: ,</:I. ~r '",,'~ t:1 'I ~'. It> ,,"...... ': ,'\ 1ifIl(',. ~I .. ~ .' "or, . 'Ill . >; II" ,,":$ 1,;. "":;':" I";' f *\'.; t. ,./~~; .,' .,' "~,, 1~'.. j ~ ~""'--,. -"",,' i."" . It, '," _~ <"qYi ", '~.,'4 j a" ",~'....~;;-. ATTEST: ',':-'7",.- ct~De~e~r Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS ~~- George . Brown, Chairman ~ B. G. Brown, Member Member lVOl 15 rAtE 00 4941 J)