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HomeMy WebLinkAboutM030783District No. I Commissioner District No. 2 Commissioner District No. 3 Commissioner Clerk of the Board: Engineer: A.M. O'Meara, Chairman B.G. Brown, Member John L. Pitts, Member Jerdine C. Bragg Milt Sanstrom Week of March 7, 1983 All members were present when the meeting came to order at 10:00 a.m. Request for Gravel, Oak Street: William Stanley asked the Board to have approximately our loads ot moist gravel placed on this street in the Bayview Addition to Hadlock. The Board agreed to discuss the matter with the Road Superintendent and let Mr. Stanley know whether the gravel will be placed. Park W Ride Lot, Beaver Valley Road: On the motion by Com- missioner Pitts, seconded by Commissioner Brown, the Permit to Construct for the State Department of Transportation was approved and signed. Unanimous. Commissioner Pitts then seconded Commissioner Brown's motion to approve and sign Certification of Negative Relocation Plan and Cert- ification of Right -of -Way Acquisition to be submitted to the Department of Transportation. Unanimous. Variance Granted to the Graces, Marrowstone Island: Mr. and Mrs. Mark Mccrary were accompanied by their attorney, Erwin Jones, when they stated their objection to a lot size variance, as it relates to replacement of a septic system, well and residence, granted by the Health Board. (Nine other individuals were also present.) They pre- sented various documents in an effort to substantiate their contention that: 1)The property on which Mr. Grace is building was previously considered unbuildable due to lot size, and was sold to the Graces on that basis; 2)The variance granted by the Health Board which made it possible to build on the lot violated the McCrary's rights because Mr. Grace's two-story house will block their water view and decrease their property value; 3)Permitting a lot size variance, installation of a well and septic system only 75 feet apart, and building 4 feet from the property line should have been done only on a hardship basis, and since Graces were aware of the problems with the property prior to purchase, no hardship existed; 4)Allowing construction of a residence on less than two acres does not conform to the Marrowstone Island Community Development plan. Mr. Jones cited some court decisions which might set precedence in this matter, implying the threat of successful legal action, then stated that the McCrary's are willing to compromise by taking no overt action against the County or the Graces if the house is limited to a one-story dwelling. He also suggested that the Graces own other property and could build elsewhere, or could limit this res- idence to two bedrooms since there are only three people in the family. The Board again explained that this variance, granted by the Health Board, was considered against the specific criteria concerning health hazards which the Health Board must use and which constitute the only criteria for granting such a variance. The variance did not deal with either building size or location, as these are not within the juris- diction of the Health Board. They also made the point that such things as whether or not the Graces own property elsewhere or could make other personal decisions regarding family size or residence size are not per- tinent to action taken by the Health Board. There were comments and discussion from the floor regarding the fact 0-b .linutes, Week of March 7, 1983 Page 2 that no public hearing was held before the variance was granted. Neither a public hearing nor notification of adjacent property owners is required before the granting of a variance by the Health Board. Martha Denniston stated concern that a drainage problem on the Graces property would cause effluent to enter drainage ditches along the road, and noted that she would have made this point had a public hearing been held. Chairman O'Meara responded that the District Sanitarian is extremely conscientious regarding placement of drainfields, etc., as it relates to the public health, short term and long term, and would have pointed out any potential drainage problems which might arise as a result of granting a variance. General discussion continued for a period of time, with the same argu- ments being repeated. The Board agreed to review their legal position regarding this matter, but at this point, maintained that the variance, granted per criteria regarding public health and safety, is valid, and that they do not have the authority to settle disputes regarding pre- servation of views. Approval of Minutes: Commissioner Pitts seconded Commissioner Brown's motion to approve an sign minutes for the week of February 28. Unanimous. Approval/Signing of Bills: Each Commissioner reviewed and approved bilIs submitted in e ruary to be paid in March. Partial Payment to PAPCO: Commissioner Brown seconded Com— missioner Pitts motion to approve partial payment for work on con- struction of the recycling building at the landfil. Unanimous. The meeting was recessed until Tuesday,. March 8, 1983, at which time all members were again present. Soldiers' & Sailors' Relief Fund Application: A $213.00 payment to Catherine Racine was approved -following the motion by Commis- sioner Brown, which Commissioner Pitts seconded. Unanimous. Executive Session: The Board met with Teamsters' Union representatives regar ing personnel matters. Hiller Short Plat Easement: Betty Hiller discussed her con- tinued efforts to secure access to lot one of her proposed short plat. There is an existing easement for the driveway which now gives access, but it is placed on the map at a different location than the actual location of the driveway. However, the adjacent property -owner is concerned that this driveway/road could become a public road at some time in the future. Mrs. Hiller asked the Board to provide assurance that this would not happen. The Board explained that they have no jurisdiction over private easements on private property, and could not make the road public. The basis on which a road may be declared public by virtue of public use for seven or more years is a civil matter, determined by the court, not a decision of the Board of Commissioners. Proposal to Build New Fire Hall: Don Scott, Commissioner for Fire Protection District , submitted a written proposal to construct a new fire hall at the Gardiner Community Center site, as follow-up to discussion with the Board last week. The Board will confer with the Prosecuting Attorney. BUSINESS FROM COUNTY DEPARTMENTS: Assessor re: Computer Maintenance/Enhancement Requests: A request for 3/7/83 preparation of a program to show parcels with fire patrol and one for preparation of a program to give senior citizen exempt codes were approved following the motion by Commissioner Brown, seconded by Commissioner Pitts. Unanimous. Planning re: SEPA Threshold Determination; U.S. Fish & Wildlife: 3/7/83 Peter Friedman reviewed and discussedthe checklist for Vol tj�.G Public Works re: 3/7/83 Week of March 7, 1983 this proposal to install a polution abatement system and rip -rap along the Big Quilcene River. Following dis- cussion, Commissioner Brown moved to approve and sign a Proposed Declaration of Non -Significance. Commissioner Pitts seconded the motion. Unanimous. SMSDP #1-83; State Department of Fisheries: The Permit or installation of an experimental DUOY system to collect scallop seed north of the Hood Canal Bridge was approved and signed, subject to compliance with U.S. Coast Guard regulations regarding navigation, on the motion by Com- missioner Pitts, seconded by Commissioner Brown and unanimously passed. Reappointments to Shorelines Commission: Ginny Albrecht and DavidCunningham were reappointed to three-year terms, to expire March 1, 1986, 'by motion of Commissioner Brown, seconded by Commissioner Pitts. Unanimous. Off -Premise Sign, Airport Cutoff Road: Rachel Nathanson reported that a billboard for t o rondale Evangelical Church has been erected in violation of the sign policy established in the Comprehensive Plan. The Pastor of the church stated that this is a replacement sign for one that has been there for years but was in disrepair. His feeling was that the sign had been there for so many years, it should be "grandfathered". The Board agreed. Bramhall Request to Utilize Setback for Access: Ms. Nathanson stated that Clarence Bram a inten s to con- struct another building on his property adjacent to Highway 20. Previously, as negotiated by a property exchange and road vacation, the County acquired property for a 30 foot buffer zone along the highway. A 20 foot setback from that buffer zone is required, but in order to comply and to locate the building conveniently, the present access to the area will be cut off. Mr. Bramhall is requesting permission to use the 20 foot setback area as an access route. The Board agreed to the concept, but will require actual design plans before taking formal action. Settlement of Litigation; CRP #478: Gary Rowe requested authorization from the Board to ma e payment per the settlement agreement with North Kitsap Gravel & Asphalt. Possible deficiencies in the settlement agreement were discussed. It was decided that payment authorization will not be made until the agreement is fully executed and recorded. However, on March 9, 1983, Chairman O'Meara did sign the authorization to pay $51,993.67. Title to Two Trucks: Mr. Rowe asked the Board to sign the tit es for a dump truck and pickup truck which are used exclusively by Solid Waste and which are now rented from the Road Department, so that title could be trans- ferred to Solid Waste, thereby eliminating the rental expense. He explained that this would eliminate trans- ferring of funds between Solid Waste and Roads, saving Solid Waste money and simplifying budgeting. The Board instructed him to just assign the vehicles to Solid Waste, but not to transfer title. Unanticipated Budget Expenditures: Mr. Rowe notified the Board that storm damage and other emergencies have or will require an estimated $150,000.00 to be expended which was not allocated in the 1983 budget. He suggested some cuts which might be made in the budget to compensate. _ '_ Minutes, Week of March 7, 1983 Page 4 Various projects and potential funding were discussed. Treasurer re: Petitions (2) for Property Tax Refunds; Orlyn Michelson: 3/8/83 Commissioner Pitts moved to approve retunds of and $34.97. Commissioner Brown seconded the motion. Unanimous. APPROVED: M. U'Mea,�a`,"Chairman B.G. Brown; itember ohn L. -Pitts, Member ATTEST: T the . Br ggl, k of the Boar U" VOL tj U00574