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HomeMy WebLinkAboutM111306 District No. 1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: Patrick M. Rodgers County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Week of November 13,2006 Chairman Phil Johnson called the meeting to order in the presence of Commissioner David W. Sullivan and Commissioner Patrick M. Rodgers. Conservation Futures Fund Citizen Oversight Committee Interview; Janet Kearsley: The Board interviewed Janet Kearsley who is interested in being appointed to the Conservation Futures Fund Citizen Oversight Committee as a representative from Commissioner District No.1. Cancellation of Regular County Commissioner's Meeting; December 26, 2006: Commissioner Sullivan moved to cancel the regular Commissioner's meeting scheduled for Tuesday, December 26, 2006. Commissioner Rodgers seconded the motion which carried by a unanimous vote. Conservation Futures Fund Citizen Oversight Committee Interview; Chris Llewellyn, District No.3: Cancelled. Discussion and Approval of HEARING NOTICE re: Proposed Ordinance Increasing the Department of Community Development Fee Schedule: Director of Community Development Al Scalf stated that "fee for service" is the goal of the department, however, there are several services that are not included in the fee schedule, including Planner of the Day and Realtor services, and filling public records requests. He explained that timesheets were used to calculate the average time spent in addressing each item in the proposed fee schedule. Central Services Director Allen Sartin pointed out that in several cases, such as the wood stove fee, prior fee schedules listed the fee per hour and the applicant was billed for any additional cost. The 2007 fee schedule takes into account the actual stafftime needed to deal with permit applications. Commissioner Sullivan directed that this be clarified because people will question the high fee increases. The Board agreed that DCD needs to show the rationale for the fee increases so that people don't think they are just arbitrary. Page 1 Commissioners Meeting Minutes: Week of November 13,2006 The following fees were discussed: · The new Water System Review fee is part ofthe Water Utitlities Coordinating Council (WUCC) review for new water systems. According to the Coordinated Water System Plan (CWSP), DCD must address fire flow, engineering right-of-way, and utilities franchise agreements and forward the information to the Department of Health. This initial review is three hours or more. · The replacement address plate fee increased to $15 due to the cost of the components for the plate. · An additional hour was added to the Pre-application Conference. · An additional hour was added to the Administrative Appeal of Land Use Decision (work done by staff. ) · There is an additional fee for the open record hearing by the Hearing Examiner. Commissioner Rodgers asked if the applicant's money is refunded ifthe Hearing Examiner decides in their favor? Al Scalf replied that they do not refund the fee. Type I Permits · For Consistency Review, they initially billed one hour and then invoiced the applicant for the total stafftime needed. The Permit Technicians tell all applicants that all fees regarding land use approval applications are based on an hourly minimum (base) and there will be an additional hourly charge after the minimum base has been utilized. This is also written in the fee schedule. · DCD coordinates the applications for Environmental Health and Public Works. They are distributed and reviewed by those departments and then they come back to the project planner. Type II Permits · Require notice of application and notice board. Most ofthe changes to these fees are corrections for staff hours to provide the service. Type III Permits · Require a Hearing Examiner's decision. They require a notice of application, a public hearing notice, a notice board, an open public hearing by the Hearing Examiner which results in a decision by the Hearing Examiner. · There is a proposed new Hearing Examiner fee to recover the cost for the Hearing Examiner to the General Fund which has subsidized it in the past. The new Hearing Examiner charges $130 an hour. For the past several years, the Hearing Examiner has charged $90 per hour. Last year the County paid $40,000 for 20 hearings. This year the gross amount was $60,000 for approximately 20 hearings. The Department's recommendation is to recapture the true cost. · Appeals of a determination by the Responsible Official go to the Hearing Examiner. There are approximately two to three appeals annually. Commissioner Rodgers suggested that a fee for service may work better for the Hearing Examiner fee because some cases will be simpler and more straight forward than others. The Hearing Examiner breaks down the hours for each case on the invoice. Stacie Hoskins, Development Services Manager, explained that after the hearing has taken place, there are set time1ines for the appeal decision to come back. It could be a problem collecting the fee if someone appeals a determination and the Hearing Examiner doesn't rule in their favor. Commissioner Rodgers suggested that DCD could ask for a deposit upfront and refund the Page 2 Commissioners Meeting Minutes: Week of November 13,2006 difference. If the County doesn't win, they could get their deposit back The County Administrator noted that this may be difficult if a part ofthe decision is remanded. Commissioner Sullivan asked for more information to see if this process is feasible. Stacie Hoskins explained that Open Space Timber applications for 20 acres or more go directly through the Assessor's Office. Open Space Timber applications when the property is less than 20 acres and Open Space/Open Space are handled by DCD through the Hearing Examiner process. They usually have four or five applications annually. The tax reduction is based on a benefit rating system and applicants aren't aware of the savings on their taxes when they first apply. In many cases, it is taking the applicants several years to break even financially. To encourage people to put their property in open space, the Board may want to change the process on these applications. Al Scalf suggested that this could be decided at an administrative level. Commissioner Sullivan moved to schedule a public hearing on the proposed fee schedule for Community Development on Monday, November 27,2006 at 11 :30 a.m. in the Commissioners' Chamber. Commissioner Rodgers seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING: County Administrator John Fischbach reported on the following items: · The emergency declaration on the Consent Agenda is for the flooding and washout of the Hoh River Road. · The contract from the State Department of Community, Trade and Economic Development (CTED) for grant funding for the land bank analysis will be on the agenda in a few weeks. He will contact the consultant about the estimated completion date for the project. · Diversified Resources is interested in renewing their contract with the County regarding economic development activities. The County Administrator is also talking with the Department of Community Development and CTED about possible changes in the administration ofthis fund. Unresolved 2007 Budget Issues: John Fischbach reviewed the following issues: · $3,000 in jail booking fees were removed as revenue from the budget; · The Board agreed that $15,000 can come from the General Fund for Jefferson County Domestic Violence and that the County Administrator ask the Mental Health Tax Board if they will contribute $15,000 from the tax they receive; · The Historical Society has offered to take over administration of the Gateway Visitor's Center and the Hotel/Motel Fund is budgeted at the levels recommended by the Lodging Tax Advisory Committee; · A small amount was added to the Planning Commission's budget so that the members can be reimbursed for gasoline to attend the Planning Commission meetings only; Page 3 Commissioners Meeting Minutes: Week of November 13,2006 · There is $25,000 in the budget for Economic Development; · The .01 of 1 % for JeffCom is fully budgeted for replacement hardware; · The Sheriffs request for two additional deputies is not included in the budget. The Board could use bank capacity that is to be used for one time projects only. There is also a property tax the Board can propose that has to go to a vote of the people and be renewed every six years. He does not recommend either ofthose options; · He will ask the City of Port Townsend to contribute to the Animal Services Manager's salary which should add approximately $4,000 to their budget and they should be able to hire an additional clerk with the projected increased revenue for 2007. He is recommending a.8 FTE for the first part ofthe year. · The Union contracts provide four floating holidays for employees and several Elected Officials have requested that exempt employees receive the same benefit. He is not recommending that this be done. Commissioner Rodgers agreed. PUBLIC COMMENT PERIOD: The following comments were made by citizens. The City of Anacortes is revisiting their ban on big box stores because of the revenue loss; Jefferson County loses revenue whenever residents shop in Sequim and Si1verda1e; if the size of a building footprint in the County is increased, light industrial businesses and hotels could locate here; gun noise from Discovery Bay should be monitored to see how bad it really is; Jefferson County needs more employment and opportunity so that residents don't have to travel out ofthe County to make a living wage; all the ordinances that are being considered should be put on the County webpage with links to the current ordinance and the proposed changes and that information should also be available at Post Offices; a comment was made about the Hearing Examiner's recommendation to deny a County road vacation; the Board was invited to attend an Off Road Vehicle (ORV) meeting in Qui1cene; several questions that haven't been answered about the proposed ORV site were submitted by the Quilcene Citizen's Coalition; and comments were made about the Board's actions regarding the Open Public Meetings Act. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Rodgers moved to approve the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 70-06 re: Applying for a Community Development Block Grant; Washington State Department of Community, Trade and Economic Development Funding Assistance to Implement Elements of the Housing Action Plan 2. RESOLUTION NO. 71-06 re: Declaration of Emergency (Westend Flooding) 3. HEARING NOTICE re: Proposed Ordinance Increasing Parks and Recreation Fee Schedule; Hearing Scheduled for Monday, December 4,2006 at 10:05 a.m. in the Commissioners' Chamber Page 4 Commissioners Meeting Minutes: Week of November 13,2006 4. NOTICE of CONTINUATION of HEARING (Hearing Held Monday, November 6, 2006) re: Proposed Changes in Language to No Shooting Area Ordinance No. 03-0227-95; Continuation of Hearing Scheduled for Monday, November 20, 2006 at 6:00 p.m. in the Superior Courtroom, Courthouse (Changed to Fort Worden - See discussion later in Minutes) 5. AGREEMENT re: Transfer of Ownership of County Water Line; Jefferson County Central Services; Public Utility District No. 1 6. AGREEMENT, Amendment No.1 re: Medicaid Administrative Match; Amending Billing and Payment; Jefferson County Public Health; Washington State Department of Social and Health Services 7. AGREEMENT, Amendment No. 13 re: 2005-2006 Consolidated Contract; Amending Allocation Sheet and Statement of Work; Jefferson County Public Health; Washington State Department of Health 8. AGREEMENT, Addendum to Attachment 'A' re: Training Services; Anti-harassment and ADA/Diversity; Peninsula College Kelli Larson, Public Works re: Hearing Examiner Report and Decision; Petition to Vacate a Portion of Gustavsen Road Located in Quilcene ; Kurt Kippenhan, Petitioner: Kelli Larson reported that the Hearing Examiner held a hearing on September 8 regarding this request to vacate a portion of Gustavsen Road. His final decision was to deny the road vacation. The Public Works Department is recommending that the Board accept the Hearing Examiner's decision. Commissioner Sullivan asked if the Hearing Examiner was aware that there was access to all the properties at the time ofthe hearing? Kelli Larson replied yes. Commissioner Rodgers stated that he doesn't understand the reason for the road vacation request and it appears to be a neighborhood issue. Mark Beaufait was present representing the Olsens and the petitioner Mary Kippenhan was present. Mary Kippenhan said that the Olsens use a portion of the right-of-way for their driveway and it deadends at her kitchen door. The Kippenhans have access to their house from a different road. Mark Beaufait stated that there is a roadway down to Fisherman's Point that comes above the Olsen's residence. There is 40-60 feet of area that the Kippenhans could landscape. Some trees were removed when the Olsen's driveway was built in 2001. Now that their house construction is finished, they will replant the area. A requirement in vacating a road is that there is a public purpose. The 01sens own two parcels and they use a trail for access to the lower part of their property which also provides neighborhood access. The road could not be relocated or narrowed. The Olsens have a pending application with the County for a trail to the beach. The Hearing Examiner noted six reasons why the request did not meet the standards for a road vacation. This issue went to the Hearing Examiner in 1987 was denied because it landlocked several properties. The Olsens have put a private property sign on the road to keep trucks from going down the road and not being able to turn around. It isn't feasible for the 01sens to move their driveway. Page 5 Commissioners Meeting Minutes: Week of November 13, 2006 Mary Kippenhan stated that the County doesn't have a use for the portion of the road they want vacated. There is a turnaround at the end of the County maintained road. Puget Sound Energy said that there is no reason to use the road for utilities. The 01sens use it as a private trail. The permit for the driveway was supposed to be down the center of the right-of-way, but it was built to the north end. She thinks that the road should be relocated. Commissioner Rodgers stated that the right-of-way belongs to the County. An engineer has confirmed that this is the best location for the road. He moved to accept the Hearing Examiner's decision to deny the vacation of the road. Commissioner Sullivan seconded the motion which carried by a unanimous vote. At 10:30 a.m. the Board met in a workshop regarding the Open Public Meetings Act with Pat Mason from the Municipal Research and Services Center. Discussion re: Relocation of the No-Shooting Zone Ordinance Public Hearing: A hearing notice for the continuation of the No-Shooting Zone Ordinance public hearing was approved on the Consent Agenda. It is scheduled for Monday, November 20 at 6 p.m. in the Superior Courtroom at the Courthouse. Several citizens have commented that there may not be enough room for everyone who wants to attend. The Courtroom capacity is 100 people. The Board discussed locations that would accommodate more people. The County Administrator said he would look into other options. NOTICE OF ADJOURNMENT: Commissioner Rodgers moved to adjourn the meeting at 11 :59 a.m. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The next meeting is scheduled for Monday, November 20, 2006 at 8 a.m. JEFFERSON COUNTY BO F MMISSIONERS erne.. ) ulie Matthes, CMC Deputy Clerk of the Board Page 6