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HomeMy WebLinkAboutM012599 JEFFERSON COUNTY BOARD OF COMMISSIONERS District No.1 Commissioner: Daniel Harpole, Member District No.2 Commissioner: Glen Huntingford, Chairman District No.3 Commissioner: ..... Richard Wojt, Member i-S9N . (! /"<,<y~> / ....0(> !,~! \> '1;;,,\ i::: :'" ~\_,\,,< i\ iTIIEuIIE:\RTl)FTilEi \ ..............:....'6/ '../ 61:~'~IPI(' l'I'NiNSi~i;\1 I "__'_'_~"H__"\\~;>__~//~ ',,1. ". ...... '0' ~?{fI N 0'\., Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Lorna L. Delaney Gary A. Rowe David Goldsmith MINUTES Week of January 25,1999 The meeting was called to order by Commissioner Glen Huntingford in the absence of Chairman Dan Harpole. Commissioner Richard W ojt was present. Public Services Briefing: Associate Planner Harriet Beale reported that there is a meeting this week in Port Orchard regarding salmon projects in the Southwest Region. She explained the options for staff structure and distribution of State funding. Technical participation by the Tribes is another issue that will be discussed at the meeting. The original plan was to have a project list for each county available at the meeting, however some of the other counties have not followed through on this. A meeting to go over the projects will be scheduled in February. Jefferson County will receive $100,000 in grant funds. The Water Team will bring a recommendation to the Board on how these funds should be spent. Director of Public Services Gary Rowe reported that the DOE has proposed a Salmon Fishery Protection Recovery Plan and there will be a hearing on it in Olympia this week. The plan, as it stands, could have a significant affect on development in Jefferson County, especially issues regarding instream flow and exempt wells. He explained that several of the issues the County will have to deal with require "best available science" information. Cooperative Extension Agent Katherine Baril and David Deerdorf are planning a forum on "best available science" to educate the Board on this issue. Page 1 ? e; r.;~ t_ ~J r ,~: : ,~jJV , VO'_ Commissioners Meeting Minutes: Week of January 25, 1999 ~,";-:1('Òr'!; I~,~,;~<',~I \of,¡~:,,~' ~S/fH'O'\O PUBLIC COMMENT PERIOD: The following comments were made: A comment about how Jefferson County and Port Townsend are perceived nationally from an article in Builder Magazine; a question about the definition of "adjacent" property in the airport zone; which map will be adopted with the draft Airport Noise Overlay Ordinance; questions regarding a possible law suit against the County filed by the Port; and a comment about protecting the environment, which would include man-made noise. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to approve the Consent Agenda as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 7-99 re: Postponing the Effective Date for Implementing the District Court Judge as a Full Time Position RESOLUTION NO. 8-99 re: Naming of a Private Road Elkhorn Lane RESOLUTION NO. 9-99 re: Naming of a Private Road Scenic View AGREEMENT re: Community Services Grant Funding for 1999; Quilcene Historical Museum AGREEMENT re: Provide Support Services; Community Development and Planning Commis- sion; Cheryl Halvorson AGREEMENT re: Provide Support Services; Community Development and Planning Commis- sion; Marion A. Taylor Final Approval of Long Subdivision, SUB96-0013, Mats Long Subdivision; To Divide 60 Acres into 10 Residential Lots; Located Off of Cape George Road; Jerry Lindsey, Applicant Application for Assistance from Veteran's Relief Fund; American Legion #26 in the Amount of $467.28 2. 3. 4. 5. 6. 7. 8. COUNTY DEPARTMENT BRIEFINGS/BUSINESS COMMUNITY D EVELO PMENT Director's Update: Al Scalf reviewed a decision from Kitsap County Superior Court regarding the Termination Point project. The applicant had exhausted his administrative remedies regarding appeal of the decision on his project. The Court concurred with Jefferson County's opinion. He discussed the remaining options available to the Applicant. Page 2 VOL ¡") 1""- ,...6 1') 'H,".' ._! rr":U!' Commissioners Meeting Minutes: Week of January 25, 1999 (¡!,:;:~ ~!;;¡,,§~ Decision re: Land Use Map Correction Application, #McR98-0003; Estate of Walter A. Moa, Sr.: (Continued from January19, 1999) Commissioner Wojt stated that he feels the issue rests on the current location of motel. Walter Moa, Jr. explained that the motel is located on the railroad right of way. He stated that he is interested in pursuing a hotel expansion project and it is timely that he do it soon. Issues that need to be addressed at are: . A limit on the proposed building size . Wetland issues . Water and septic issues . Fire flow Commissioner Huntingford stated that the proposed project would be reviewed and all these issues addressed in the SEP A process when an application is filed. Mr. Moa discussed the proposal and how he would address the issues that are in question. The staff recommendation is that this land use map correction be docketed and reviewed during the annual review of the Comprehensive Plan in August. Commissioner Huntingford asked if the Compre- hensive Plan can be amended without having permanent development regulations in place? Assistant Planner Randy Kline stated that he believes this would be allowed. Al Scalf explained that the parcels were adjoined and, during the Comprehensive Plan process, the commercial line was drawn through them. Mr. Moa also owns the railroad right-of-way, which is a separate parcel number. Commissioner Huntingford stated that there is no allowance for commercial expansion because the commercial zone in that area is tightlined. In addition, he foresees that Mr. Moa will have problems with the Planning Commission's review of the proposed project unless the Comprehensive Plan is amended. Commissioner Wojt moved to table the action until Chairman Harpole can be involved in the decision. Commissioner Huntingford seconded the motion which carried. Randy Kline asked if the Board could table this item for 2 weeks to allow time to do more research? They concurred; but Commissioner Huntingford added that the issue needs to be resolved as soon as possible. Decision re: Upholding Ordinance No. 08-1123-98 re: Emergency Ordinance Amending Ordinance No. 04-0828-98 and Section 18.55 of the Jefferson County Code by Establish- ing Temporary Uses of Forty-Five (45) days Duration (Hearing held January 19,1999): Commis- sioner Huntingford asked why they are spending time amending an emergency ordinance instead of working on the final ordinance? Al Scalf explained that this amendment is based on public need. He reviewed the time frame for adoption of the final ordinance. The draft will go to the Board in February. He estimated 4 to 6 weeks before adoption. The Board agreed to move ahead with the final ordinance. Commissioner Wojt moved to table this decision. Commissioner Huntingford seconded the motion which carried. .VOL Page 3 25 rAC~ 67 Commissioners Meeting Minutes: Week of January 25, 1999 i~~:J\~~\, , ;.1(::;,. " 'h1tIr,o~q' PUBLIC WORKS . Director's Update: Public Works Director Klara Fabry reported on the following: The Public Works Department received 18 applications for the Operator I vacancy and 17 applications for the Financial Manager vacancy. Both positions closed last week. Klara Fabry presented the Board with a draft resolution designating an Interim Public Works Director. Commissioner Huntingford stated that the Board agreed to schedule time to review this before they took action. Klara Fabry stated that it is required that this action be taken before she leaves her position. Commissioner Wojt moved to approve Resolution No. 10-99, designating an Interim Director of Public Works/County Engineer. Commissioner Huntingford seconded the motion which carried. There was a discussion about the reorganization of the Solid Waste Division. The Board decided to wait and discuss the reorganization with the Personnel Manager and the Budget Manager. Commissioner Wojt stated that, because of the Salmon legislation, there may be a regional need for an engineer who specializes in storm water issues. Klara Fabry replied that a full time person with this expertise is needed for Jefferson County projects. Klara Fabry explained that she is proud of everything the Public Works Department has accomplished under her direction in the past 3 years and she feels that it is a much stronger, more proactive Department as a result. . . . . HEARING re: Noise Overlay Ordinance for Jefferson County Airport: Commissioner Huntingford opened the public hearing in the presence of Commissioner Wojt and approximately 80 interested citizens. He explained the procedure to be used during the hearing. Port Commissioner Bob Sokol was introduced and gave an overview of the ordinance on behalf of the Port of Port Townsend. He reported that at Port Commission meetings in December and January, they anticipated large numbers of citizens to give public comment on this issue; but this was not the case. In an effort to receive public input, they scheduled a special meeting that was held last week. Twenty-five people attended. At the meeting the following suggestions were made: 1) add a description of the airport and its use to the ordinance; 2) add new locations to post the "Good Neighbor" Policy; 3) address what compatible uses are at the airport; and 4) address options to deal with any real estate disclosure. Bob Sokol explained that the airport is not going to close. The Port has received several unrefundable grants from the FAA over the years with the understanding that the airport is a long term facility. The FAA conditions for grant funding require that the surrounding area be compatible with a general aviation airport. This can be done in several ways, including notice to title, easements, and extremely low residential density development. The other option that the Port favored is industrial zoning around the airport. The option that the County chose in Resolution No. 71-98 was an airport noise overlay ordinance to be adopted within 120 days of the adoption of the Comprehensive Plan. Page 4 ,VOL 25 fAr' 68 Commissioners Meeting Minutes: Week of January 25, 1999 é":¡.,(O(~. "':I!"j':;"? of.J"'<':'~ " 1~i/J N¿~9' The draft ordinance does not address noise at the airport, it addresses notification of adjacent property owners. It does not allow for any change in zoning at the airport. The current airport cannot accommo- date jets and there isn't room for expansion or upgrading. The work on the underground fuel tanks last summer was required by EP A legislation and was not a project to add tanks for jet fuel. There is an Airport Master Plan that is available to the public. In addition, they will be developing a subarea plan as part of the Comprehensive Plan in an open public process. The uses for the airport property are already in place and this ordinance does not change them or allow options for change. There was no "backdoor" deal between the Port and County to get the Port to drop their appeal of the EIS. The Port agreed to drop the appeal if an airport noise overlay ordinance was put into place in a timely manner that showed forward movement on the airport issues. Bob Sokol stated that he has gotten the impression from the newspaper and phone calls that many people believe the Port can make rules regarding general aviation. The FAA is the only agency that can make and enforce rules. The Port has developed a "Good Neighbor" Policy, which requests that pilots do what they can for noise abatement. They have made an effort to distribute it to any pilots using the airport. He stated that Section 2.10 of the draft ordinance should read DNL for Day-Night Sound Level and the line that is drawn on the map can change depending on winds, air densities and pilot maneuvering. Sections 3.10 and 3.20 address land uses which do not change. In Section 5.20, the word "commercial" suggests a larger airline than P.T. Airways and the terms "noise and vibration" also suggest a larger scale of operation. These words should be removed. Assistant Planner Randy Kline addressed the comments concerning notice to title devaluing property and the "takings" issue. He stated that there is no "notice to title" in the draft ordinance. The County has received approximately 70 letters and over 100 phone calls regarding citizen concerns. The ordinance does not eliminate an individual's right to litigate and it does not deal with land use issues or allow expansion at the airport. He explained several changes to be made to the draft ordinance as a result of public input: . Section 5.20: the adopted noise overlay ordinance will not be filed with the Auditor . Section 3.20: will be eliminated because the ordinance does not deal with land use . A section describing the size and scale of the airport will be added Commissioner Huntingford asked him to explain the boundaries on the map that will be attached to the ordinance. Randy Kline stated that the boundary is based on a noise contour interval which corresponds to the most used flight paths. Commissioner Huntingford opened the public testimony portion of the hearing. John Swallow, Port Hadlock, feels that this ordinance is unnecessary because of rules that are already in place governing these issues. He stated that the development density of properties near the airport was decreased in the Comprehensive Plan. In addition, he does not feel that the definition of "adjacent" has been addressed in the draft ordinance. There are some small corporate jets that use the airport and they Page 5 ..VOL 25 r~U 69 Commissioners Meeting Minutes: Week of January 25, 1999 r~~~or~ ~fJfí"¿)? are loud. He discussed the notice to title issue; when a person sells property, they are already required to fill out a document from the State about the property that addresses this type of issue. He thinks that people do not fear this basic ordinance, but they fear stricter regulatory amendments that could be made in the future. Gabe Ornelas, President of Chevy Chase Homeowners Association and a member of the Community Association Against Property Devaluation, read and submitted his statement, submitted a petition with 300 signatures against establishing an airport noise overlay district, and a letter from Antoinette Miller who owns property in the area. (See microfilmed documents.) Bernie Arthur, 1320 Jefferson Street, explained that he has attended every meeting on this issue. He feels the ordinance could be smaller, more controllable, and more restrictive concerning noise near the airport. There are many regulations on the development of property, yet once the property is developed, property owners are not given the right to enjoy it because of unrestricted noise from airplanes. James Middleton, Bellevue, stated that 10 years ago he bought property located close to the noise overlay boundary shown on the map. He feels that many pilots do not practice the "Good Neighbor" policy. He is against notice to title and he has concerns regarding the need for the airport and the noise overlay ordinance. Richard Spindor, Boardwalk Avenue, is a real estate agent. He stated that there is a disclosure statement required by State law when property is sold. His property could be effected by this ordinance. It could adversely effect the value of property in dealing with appraisers or lenders. He does not feel that the ordinance is necessary. Michael Felber, read and submitted his statement. He also submitted a letter to Director of Community Development Al Scalf regarding his objection to the Notice of Non-significance in filing of an EIS regarding the proposed noise overlay district near the airport. (See microfilmed documents.) Victor Gray, Cape George, sent a letter to the Board with an attachment of a letter that was published in The Leader. He reviewed some key points. The airport is a port of entry and provides training for pilots. It is not losing money and the hangers generate revenue for the County. The FAA rating for the airport accommodates light single and light twin engine airplanes and air taxi service. The length and size, and construction of the runway would not allow for the increased weight oflarger aircraft. It would be very difficult to get an FAA grant to fund expansion; and the Airport Master Plan does not include expansion of the airport. Jets going to Sea Tac Airport also travel over the area. The ordinance needs to be simplified to state the intent of the Port and the County: that the airport is an essential public facility, it does not effect property values, does not take property rights away, and does not take away the right to litigate. The ordinance also encourages pilots to observe the "Good Neighbor" Policy. Page 6 ~VOL 25 ¡M,; 70 Commissioners Meeting Minutes: Week of January 25, 1999 ,"~:J, (°<' f!J!"i'; , ) ~,,-.fc"; .;. '~S1lINc,,9' Don White, Discovery Bay Heights, read and submitted his statement. (See microfilmed document.) He added that Assessor Jack Westerman told the Planning Commission that he could not say ifthere would be a devaluing of property values if this ordinance is approved. If the ordinance creates a decline in property values the result will be a reduction in tax revenue. Gene Seton, South Discovery Road, stated he has concerns about this ordinance. He submitted several documents to the Board. (See microfilmed documents.) He requested that, in Section 3.10, language is added that will not make single family residential housing incompatible with the airport. He asked for a definition ofthe word "adjacent" as used in the draft ordinance. The Notice to Potential Purchasers on the mylar for the Ridge View Short Plat from 1997 required the following language: "... the short subdivision is in close proximity to the Jefferson County Airport, where air traffic is increasing." Regarding Discovery Timber Short Plat, it states: "The property described herein is within the desig- nated aircraft flight path and a right to practice easement has been granted to the Port of Port Townsend for the purpose of aviation activities." The Setons never granted an easement. In addition, a condition of the Plat is that they waive their right to take legal action against the airport as a public nuisance. He read Section 14.110 in the Interim Controls Ordinance and asked that, in the sentence "The subject property is near an airport where a variety of airport dependent uses occur that are not compatible with development... .", the wording be changed from that are not to that may not be. Jeff Gallant, Port Townsend, stated that the long term benefit of keeping the airport in that location and allowing development of the Port property has not been discussed. He feels that this ordinance is written to encourage commercial/industrial development at the airport in the future. Section 5 of the ordinance is not about notification; but is establishing the foundation for making residential zoning an incompatible use near the airport and it could eventually encourage other zoning that is more harmful to the environment. He stated that noise is pollution and the airport is necessary but it is also an industry that produces pollution. He requested that the record be kept open because he also plans to submit written comment. C.C. Gracia, Windship Drive, stated that he did not attend previous meetings because he didn't feel the ordinance would affect him. He lives just outside the noise overlay area. Airports are noisy for people who live nearby. He has doubts that the airport really is an essential public facility in Jefferson County and for the last 10 years the airport has not been showing a profit. The population of Port Townsend is growing and more people will be moving out by the airport. He asked how the Port plans to mitigate noise conflicts? He feels that the "Good Neighbor" Policy cannot be just information, it has to include actual noise abatement. A notice on a property description makes this a zoning issue. Richard Wagner, suggested that any potential property owners sign a claim form that they understand there is an airport nearby and there could be a noise problem. Jerry Chawes, stated he feels this ordinance creates a type of easement on properties within the airport noise overlay area. The boundaries are arbitrary. Airplanes, jet skis and motorcycles create noise that imposes on other people living nearby. Airports are not guaranteed to last forever. New technology will Page 7 2rr- "'0' ."\ ',A.TJ ',' 1- - U 1..." 71 Commissioners Meeting Minutes: Week of January 25,1999 Il1',~:~~ ~~f~"è,ó~ ""ONG' develop more powerful, larger jets that will be able to land in smaller areas. This means more traffic. He feels the draft ordinance is an encumbrance on property owners and is not necessary. The property owners near the airport need noise control. Gabe Ornelas, (see above) stated that he feels the comments the Board has heard are based on common sense; and the people attending this meeting are looking for fairness. He continued reading his statement. He asked that the Board establish a Community Airport Advisory Board. Gene Seton, (see above) stated that the information from the Port of Port Townsend on this ordinance uses the terms "adjoining and adjacent," but nowhere does it give a definition. It also states that State law requires that ajurisdiction consult with airport managers, pilots and Port districts before adopting regulations, Nowhere does it mention consulting with adjacent property owners. He requested that a definition of the word "development" be listed in the ordinance. He wants the ordinance to specifically address residential building in approved plats near the airport. He has complained several times in the past to the Port about the noise from low flying planes. They say that controlling flight patterns is not in their jurisdiction. Hearing no further comment, Commissioner Huntingford closed the public hearing. Al Scalf submitted a document from the Port of Port Townsend to the Board. (See microfilmed document. ) Commissioner Huntingford stated that the public comment period for this ordinance will remain open until 5 PM on Friday, January 29, 1999. Next Monday the Board will review the suggested changes and schedule an update time with staff. ,-' .. JEFFERSON COUNTY BOARD OF COMMISSIONERS A.- / // ~/ />1 :<" > /' " / , ~-~4-i'~-1 ,,' en Huntingford, Me, ~' ~VOl Page 8 25íAU 72