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HomeMy WebLinkAboutM101899JEFFERSON COUNTY BOARD OF COMMISSIONERS District No. I Commissioner: District No. 2 Commissioner: District No. 3 Commissioner: Daniel Harpole, Chair Glen Huntingford, Member Richard Wojt, Member Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Lorna L. Delaney Gary A. Rowe David Goldsmith MINUTES Week of October 18, 1999 The meeting was called to order by Chairman Dan Harpole. Commissioner Glen Huntingford was present. Commissioner Richard Wojt was not present. Approval of Minutes: Commissioner Huntingford moved to approve the minutes of September 27, 1999 as presented. Chairman Harpole seconded the motion which carried. Food & Beverage Request; New Employee Orientation: Commissioner Huntingford moved to approve the Food and Beverage request as presented. Chairman Harpole seconded the motion which carried. PUBLIC SER VICES BRIEFING SESSION: Public Services Director Gary Rowe and the Board discussed the following: · Natural Resources Policy Analyst Caryn Woodhouse is researching background information on a proposal from the Clallam County EDC regarding a possible regional timber supply study. · Gary Rowe will be attending an infrastructure seminar in Wenatchee in November. · Chairman Harpole asked Gary Rowe to consult the Auditor about the possibility of conducting an advisory vote to determine if residents in the Tri Area and Glen Cove are in favor of a UGA. The Board asked for an estimate of the cost to hold a vote in these specific areas. Page 1 Commissioners Meeting Minutes: Week of October 18, 1999 PUBLIC COMMENT PERIOD: The following comments were made: when Puget Sound Energy was cutting brush, they left ruts in the ground; the resurfacing project on Center Road is uneven and could create drainage problems; the employees at the South County Clinic are very professional; there is a problem with cars speeding through Quilcene and the residents are considering a neighborhood watch; and the Teal Lake Village open space document is a license and not a land use change or subdivision amendment. APPROVAL AND ADOPTION OF THE CONSENT A GENDA: Commissioner Huntingford moved to delete Items 1, 4, 7, and 9 and to adopt and approve the balance of the items as submitted. Chairman Harpole seconded the motion which carried. 1. DELETE RESOLUTION re: Establishing a New Fund Entitled the Post Harvest Timber Management Reserve Fund 2. RESOLUTION NO. 87-99 re: HEARING NOTICE; Proposed Budget Appropriations/Extensions; County Departments and Specific Other Funds; Hearing Scheduled for November 1, 1999 at 1:45 p.m. in the Commissioners Chambers 3. NOTICE OF ADOPTION re: Ordinance No. 08-1004-99 repealing the interim development controls of Ordinance No. 10-1214-98 and adopting new development regulations for the Port Ludlow Master Planned Resort 4. DELETE HEARING NOTICE re: Permanent Closure of Port Hadlock, Brinnon, Coyle & Clearwater Drop Boxes; Hearing Scheduled for Monday, November 1, 1999 at 2:00 p.m. in the Commissioner's Chambers at the Courthouse (See later in minutes.) 5. HEARING NOTICE re: Community Development Block Grant Application (CDBG) for Jefferson Mental Health; Hearing Set for Monday, November 1, 1999 at 2:30 p.m. in the Commissioner's Chambers at the Courthouse 6. AGREEMENT Local Agency Supplemental #1 re: Oil City Road Fish Passage Barrier Correction; GCA1361; Jefferson County Public Works; State Department of Transportation 7. DELETE AGREEMENT re: Provide Labor & Equipment During Emergency Situations for a Two (2) Year Period; Jefferson County Public Works; Seton Construction, Inc. 8. AGREEMENT Supplemental #1 re: Extend Completion Date and Increase Amount for Consultant Services for Culvert Replacement Projects; CA-051099-010; Jefferson County Public Works; Tetra Tech/KCM, Inc. 9. DELETE AGREEMENT re: Repair Water Damage to Gardiner Community Center; Jefferson County Public Works; Tollshark Construction (See later in minutes.) COUNTY DEPARTMENT BRIEFINGS/BUSINESS COMMUNITY DEVELOPMENT Director's Update: Planning Manager Warren Hart reported on the following: · The revisions to the Comprehensive Plan Fee Ordinance addressing refunds have been made and a hearing is scheduled for November 8 at 3 p.m. VOL Page 2 25 ' Commissioners Meeting Minutes: Week of October 18, 1999 They are working on a resolution supporting the recommendations of Clallam/Jefferson Housing Needs Assessment Advisory Committee regarding affordable housing. Chairman Harpole stated that maximum square footage may need to be increased in the final regulations on Accessary Dwelling Units (ADUs). Warren Hart reported on a meeting of the Tri Area Community Club last week where the provisional UGA designation was discussed, including the elements of the subarea workplan. Chairman Harpole listed several items he would like to discuss at the UGA workshop this week: 1) transfer of lead to the Department of Community Development; 2) the procedures for bringing the studies to the Planning Commission and the JGMSC; 3) a short timeline for the studies; 4) whether the subarea plans should be done simultaneously or if the areas should be prioritized; 5) what an advisory vote would cost; and 6) how to deal with the Comprehensive Plan amendment requests that are part of or adjacent to the subarea plan areas. Commissioner Huntingford asked about the batch plant on the Dosewallips Bridge Project and Warren Hart explained that Deputy Prosecuting Attorney David Alvarez is taking the lead on the correspondence with the State on this issue. PUBLIC WORKS Hearing Examiner's Recommendation re: Petition for Road Vacation; Portion of an Alley in the Plat of lrondale #6; Michael Anderson Representing M. V. Stone, Applicant: Will Butterfield, Public Works Department, stated that this is a standard road vacation. The Hearing Examiner recommends approval of the vacation and Public Works staff concurs. Commissioner Huntingford moved to approve the vacation as presented. Chairman Harpole seconded the motion which carried. State Department of Ecology re: Regional Landfill Development Issues for Municipal Solid Waste Disposal: Richard Talbot, Public Works Department, introduced Laurie Davies, Cris Matthews and Wyn Hoffman from the Department of Ecology to answer questions on building a regional landfill on the Olympic Peninsula. Laurie Davies reviewed other projects in the State and noted that public interest or opposition can draw out the process. Cowlitz County expects a 7 year process and Pierce County is almost done building their landfill, but it has taken 12 years. The Health Department issues the permit and DOE's role is to provide technical support. Cris Matthews explained that the technical aspects of building a landfill are not difficult to overcome. However, it is a very political issue. Chairman Harpole explained that Clallam County may be willing to take part in a regional effort because the Port Angeles landfill is scheduled to close in 2006. He asked that Public Works staff draft a letter to Clallam County for the Board's signature expressing interest in a regional landfill. VOL Page 3 Commissioners Meeting Minutes: Week of October 18, 1999 Project Update re: Larry Scott Memorial Park Trail and Grant Application: Nick Worden, Public Works Department, stated that the County is submitting 3 applications for grant funding from the Transportation Enhancement Program. The Larry Scott Memorial Trail project fits the criteria for the grants and there is an excellent chance that they will be approved because the trail connects with the Olympic Discovery Trail. He pointed out the areas of the trail on the map where the proposed improvements would be made. The matching funds would come from State grants and funds that are allocated in the County budget. The grants will be awarded by February, 2000. HEARING NOTICE re: Permanent Closure of Port Hadiock, Brinnon, Coyle & Clearwater Drop Boxes: (See Item #4 on the Consent Agenda.) Commissioner Huntingford moved to approve the hearing notice on the closure of the drop box sites scheduled for Monday, November 1, 1999 at 2:00 p.m. in the Commissioner's Chambers at the Courthouse. Chairman Harpole seconded the motion which carried. AGREEMENT re: Repair Water Damage to Gardiner Community Center; Jefferson County Public Works; Tollshark Construction: (See Item #9 on the Consent Agenda.) Commissioner Huntingford moved to approve the agreement. Chairman Harpole seconded the motion which carried. HEARING re: Planning Commission's Recommendation of the V/gVGMHB Direction to Amend the Jefferson County Comprehensive Plan on the Capital Facilities Element and Land Use and Rural Element: Eric Toews, Cascadia Planning, explained that this proposal is the result of a Final Decision and Order of the WWGMHB regarding Cotton Corporation vs. Jefferson County. The following issues were noted: · The Land Use and Rural Element of the Plan failed to include an adequate review of current drainage, flooding and stormwater runoff conditions countywide or policy direction to mitigate discharges that pollute waters of the State. · The Capital Facilities Element of the Plan did not include a 20 year forecast of future needs and proposed locations and capacities of new capital facilities. The WWGMHB ordered that the County make necessary changes to the Plan to address these issues within 180 days. The Planning Commission held a public hearing on October 6 on the following proposed amendments to the Comprehensive Plan: 1) A new Appendix G of the Plan which includes the required review of drainage, flooding and stormwater runoff conditions and also identifies potential coneerns that need to be addressed through additional policy language to be included in the Land Use and Rural Element of the Plan. 2) Amendments to the narrative of the Land Use and Rural Element that summarize and incorpo- rate, by reference, the provisions of Appendix G and highlight the areas of concern identified through that review. Page 4 Ir;' - ' Commissioners Meeting Minutes: Week of October 18, 1999 ~%.. 3) 4) There are 4 new goals and 25 additional policies to show that the County has thoroughly addressed the issues raised. Amendments to the narrative text of the Capital Facilities Element, including Table 12-10, a new table showing capital facilities needs. After the hearing, the Planning Commission made a number of revisions to the goals and policies and directed changes to the narrative of the Capital Facilities Element and the tables. The amendments have gone through SEPA review and a threshold determination was issued and became final on October 7. Eric Toews noted that the substance of the revisions is based on a literature review and not a review of new data. Dave Robison, Cascadia Planning, reiterated that Appendix G is the culmination of the consultant's review of existing documents. One of the problems that they discovered is that Jefferson County has limited authority to control pollution in waters of the upper reaches of the watershed because of land uses controlled by other State and Federal agencies. He listed 9 findings in the Appendix that influence water quality in the County. He explained that the goals and policies proposed and reviewed by the Planning Commission were to identify and help guide the County's future land use policies and updates to development regulations. Commissioner Huntingford stated that he has some concerns about the information used to develop the goals and policies. He added that, in several cases, the data used is incorrect because watershed plan clean up practices have improved water quality. He asked that the narrative include this information. The 8 recommendations from the Planning Commission were reviewed and addressed. These changes were accurately reflected in the Planning Commission minutes. The Chair opened the public testimony portion of the hearing. Joy Baisch, Brinnon on the Dosewallips River, stated that there is no information from FEMA in this document to indicate that the flood plain issues in Brinnon have been changed because of the new bridge alignment and the extensions being removed from the flood way. The Department of Fisheries placement of the seal fencing has also improved the water quality and the beaches are now open. There is a large aquaculture industry in the area that is monitored by the USDA and they have passed all the requirements. She stated that the Brinnon Flood Board was not notified during this process. The County needs more updated information. Kate Marsh, Brinnon, submitted and read her statement. (See attached letter.) She stated that much of the language is too vague in the goals and policies. Bill Marlow, Irondale, stated that 29 pages of goals and policies were created even though the County was "pretty much in compliance" according to the consultants. Do we need all these restrictions? V01_ Page 5 Commissioners Meeting Minutes: Week of October 18, 1999 Tom McNemy, Brinnon, said the people in Brinnon have not been aware of this process and they feel that this information will be detrimental to the town. The Brinnon Flood Board was not involved in any of this process. Joy Baisch, stated that she feels that there was a breech of the process because the document was not sent back to the Planning Commission after it was revised to make sure that it represented what they intended. Tom McNemy, added that when the Planning Commission submitted their report, only 4 members supported the recommendation, 1 opposed it, 1 abstained, and the other 3 were absent. Chairman Harpole closed the public testimony portion of the hearing. Eric Toews stated that in putting together this document to comply with the Hearings Board order, they erred on the side of caution, because there are no concrete guidelines to deal with these revisions. The short timeline didn't allow time for researching updated data and extended public process. There was one noticed public meeting before the Planning Commission, the Planning Commission hearing and this public hearing before the Board. Commissioner Huntingford asked Joy Baisch about how much time she thinks the Flood Boards would need to review this document? She stated that without the updated data, the current document is presenting a case that isn't accurate and is putting Brinnon at risk with more regulations than are necessary. Chairman Harpole added that there are several points of concern regarding restrictions in the document that have been brought to the Board's attention. There was a discussion about the deadline. He asked if they have time to address some of these items in the narrative? Eric Toews cautioned that the County is 12 days behind the deadline for the remand order and being out of compliance could result in a loss of grant funding. There was a discussion about adding updated facts to the document including the positive work that the County has done to improve water quality. Commissioner Huntingford asked if the goals and policies are a required part of the information? Eric Toews reiterated that because there are no guidelines, he is not sure exactly what is required for compliance. Commissioner Huntingford asked how many of the policies listed are currently in place? Dave Robison stated that most of the policies are found in State law or in other County regulations. Commissioner Huntingford stated that he has concerns about Policy 27.2 and asked that it be removed from the document. Warren Hart recommended that the Board act now rather than risk noncompliance. He stated that updating the narrative would not address the concerns on the policy issues. There was a discussion about some of the policies that could be addressed in the Shoreline Master Plan revision process. VOL Page 6 Commissioners Meeting Minutes: Week of October 18, 1999 Chairman Harpole stated that he is concerned about the timeline issue and asked how to engage the Flood Boards at such a late date? Commissioner Huntingford is concerned that this document would override anything that residents want to do in the South County subarea plan. He added that the County needs to give the Flood Boards and the Brinnon community some assurance that the policies in this document aren't set in stone. It was suggested that these policies could be addressed in the final development regulation process. Chairman Harpole suggested that if the document is adopted, the Board could send it to the Flood Boards over the next year for their recommendation on revisions during the annual Comprehensive Plan Amendment review process. Commissioner Huntingford moved to continue the deliberation portion of the hearing at 11 a.m. on Wednesday morning. Chairman Harpole seconded the motion which carried. Barbara Blowers re: 1) Lots of Record and Lot Certification; 2) Permit Center Procedures: Barbara Blowers explained that she lives in Jefferson County and works in many of the adjacent counties. Jefferson County appears to encourage development but then continually puts up road blocks for the developer. An example of this is a development in Jefferson County that she has been working on for 3 years. Her client has spent over $100,000 in studies that the County required and because the County did not allow them to install drainage on the property, there was a landslide. Now the County is requiring an EIS on the property which will cost considerably more money. Some of the lots her client owns are not in the moratorium area; but the County is continuing to put restrictions on the property that will cost her client more money in order to sell them. She requested that Jefferson County develop a definition for lots of record or a lot certification process. She also has concerns about the storm events predicted this year. She feels that the County could prepare for the weather by looking at areas where potential damage is likely and have the Public Works Department dig deeper ditches and clean out culverts. Commissioner Huntingford stated that he has talked to the Public Works Department about her concerns. She requested a written answer on her comments. Approval of Food and Beverage Request; YIPPEE Reunion: Commissioner Huntingford moved to approve the request as submitted. Chairman Harpole seconded the motion which carried by unanimous vote. The Board met in Executive Session with the Deputy Prosecuting Attorney, the Deputy Director of Public Services and the Director of Community Development from 4:00 p.m. to 4:30 p.m. regarding potential litigation. Page 7 VOL · ~'~ ,~ Commissioners Meeting Minutes: Week of October 18, 1999 The meeting was recessed at the end of the business day and reconvened on Wednesday morning at 11:00 a.m. Chairman Harpole and Commissioner Huntingford were present. Continued Hearing re: Planning Commission's Recommendation of the WWGMHB Direction to Amend the Jefferson County Comprehensive Plan on the Capital Facilities Element and Land Use and Rural Element: (See item earlier in minutes.) Chairman Harpole reviewed the concerns from the public comments regarding this document at Monday's hearing which include the addition of positive amendments to the narrative and discussion regarding policy 27.2. Commissioner Huntingford stated that he is still concerned about the amount of public participation. He feels that the current document is setting a restrictive course that the residents of the area will have to follow. Some of the policies that are listed would cost thousands of dollars to implement. It sounds like the County is discouraging any development in flood plains. He doesn't think the Hearings Board should have the authority to order the County to get this done and the public involvement process has been bypassed. Eric Toews stated that in his experience with Hearings Board decisions, the public involvement requirements are not as strict regarding a remand order. He added that the Board needs to rely on the Prosecuting Attorney's counsel in this matter. Chairman Harpole stated that financial affordability is an overriding issue throughout the Comprehensive Plan. He is concerned about language regarding implementation in several of the policies in this document. He suggested that a goal might be added that the County will prioritize allocating financial resources to implement the following policies and the highest priorities will be addressed first. He is comfortable in deleting policy 27.2 because the issue will be dealt with in the Shoreline Management Plan revision process. He isn't as concerned about the amount of public involvement as Commissioner Huntingford. He would like to see an addition to the narrative that explains what the County has done to address and improve water quality. Eric Toews explained that the implementing language in the document is based on compliance with the Puget Sound Water Quality Management Plan. This compliance is conditioned on availability of funding sources. There was a discussion about how to prioritize the implementation of the items in the document. Dave Robison stated that implementation priorities should be revisited every year. Commissioner Huntingford stated that, from the testimony at the public hearing, he feels the Flood Boards need to have the opportunity to comment on this document. He agrees that policy 27.2 should be deleted, but some of the other issues in that same section also need to be addressed. He also has concerns about policy 27.7. Eric Toews reiterated that the policies are all based on State and County regulations. The Board summarized the revisions and deletions they want in the document. There was a discussion about the wording of the hearing notices that were published in the newspaper and if the proposed changes are substantive and whether another hearing would be required. The Board concurred that their goal is to put regulatory measures in place that enhance and protect a community and that each community is unique. Cascadia Planning will make the necessary revisions and deletions to the V01_ Page 8 Commissioners Meeting Minutes: Week of October 18, 1999 document and get back to the Board with the final document for their November 1 agenda. Eric Toews added that he has drafted a letter to send to the WWGMHB regarding the current process. He will have the Prosecuting Attorney review the letter before it is sent. SEAL: ATTEST: Loma Delaney, CMC Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Dan H~a~ole,~r Richard Wojt, Member Page 9