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HomeMy WebLinkAboutM091498JEFFERSON COUNTY BOARD OF COMMISSIONERS District No. I Commissioner: Daniel Harpole, Member District No. 2 Commissioner: Glen Hunting£ord, Chairman District No. 3 Commissioner: Richard Wojt, Member Clerk of the Board: Lorna L. Delaney Director of Public Services: Gary A. Rowe Deputy Director of Public Services: David Goldsmith MINUTES Week of September 14, 1998 The meeting was called to order by Chairman Glen Huntingford. Commissioner Richard Wojt was present. Commissioner Daniel Harpole was not present. Approval of Minutes: Commissioner Wojt moved to approve the minutes of the September 8, 1998 meeting as presented. Chairman Huntingford seconded the motion which carried. PUBLIC SERVICES BRIEFING SESSION: The Board and Gary Rowe discussed a recent meeting with the City of Port Townsend regarding regional services and the best way to proceed in these negotiations. Gary Rowe will draft a letter to the City asking that an amount be put in the Mayor's 1999 budget request that more accurately reflects the costs to the County of the regional services provided to the City. Gary Rowe then reviewed a process developed by Ken Lynn, at the request of the Board, for expectations of management. This will be reviewed with the Public Services Managers. The Distressed Counties Tax that was passed by the Board should have gone into effect on July 1, 1998. Gary Rowe will find out if any income has been received as the result of this tax. PUBLIC COMMENT PERIOD: The following comments and issues were discussed: A permit for a temporary (6 month) produce business in the Port Hadlock area to stay open through October even though the permit expired at the end of August; the Emergency Control Ordinance does not allow the development of the resort complex area or the multi-family areas (purple and brown areas Page 1 Commissioners Meeting Minutes: Week of September 14, 1998 of the Plan map) of Port Ludlow as the Commissioners indicated would be done when the Comprehensive Plan and Emergency Controls were adopted (Chairman Hunting/ford noted that the agreement when the Comprehensive Plan was adopted was that if there were any conflicts between the Comprehensive Plan and the Interim Controls, the Comprehensive Plan wouM be used to provide guidance. Barry Berezowski reported that the Interim Controls don't implement the Comprehensive Plan fully. The Board members indicated that they will look into this matter further); a memo from A1 Scalf to the Commissioners regarding the Port Ludlow Master Planned Resort, options available to the County, and the need for the public to review the items negotiated with ORM and CLOA regarding the Port Ludlow area; and why the Tri Area was not included in the public process (a meeting was canceled by County staff hours before it was to be held.) APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to delete items 7 and 11 and to approve the balance of the items as presented. Chairman Huntingford seconded the motion which carried. 1. PROCLAMATION re: Proclaiming Friday, September 18, 1998 as Jefferson County United Good Neighbor Day 2. RESOLUTION NO. 77-98 re: Creating a County Project No. CR1364; Improvements to H.J. Carroll Park Road; Jefferson County Public Works 3. TWO (2) AGREEMENTS re: Labor Agreements; 1) Correction (Custody) Officers & Administrative Staff, & 2) Sergeants; Effective January 1, 1998 through December 31, 2000; Jefferson County Sheriff's Office; Teamsters Local Union No. 589 4. THREE (3) AGREEMENTS re: Benefit Trust; 1) Sergeants, 2) Officers, and 3) Corrections/Administration; Jefferson County Sheriff's Office; Pacific Coast Benefit Trust 5. CONTRACT re: Painting the Quilcene Community Center; Jefferson County Public Works; Townsend Builders, Inc. 6. AGREEMENT re: Employment Agreement; On-Site Manager of the Bayshore Motel in Brinnon; Sandra Korjenewski 7. DELETE Agreement, Supplement to #SW1239 re: Solid Waste Operations Study; Amend Section I. Scope of Consultant Services, Section II. Accounting and Payment, and Section III. Term; Section VIII. Hold Harmless; Jefferson County Public Works; R.W. Beck, Inc. 8. Shoreline Substantial Development Permit #SDP97-0013; Personal Joint-use Dock Serving Three (3) Residential Lots; Located at the End of Pleasant Harbor in Brinnon; Pleasant Harbor Corporation, Applicant 9. Shoreline Substantial Development Permit #SDP97-0014; Wood and Concrete Boat Dock and Pier; Located Adjacent to Pleasant Harbor Marina; Pleasant Partners, Applicant 10. Final Subdivision Approval, #SUB97-0003, Friends Short Plat; To Divide 20.32 Acres into Four (4) Residential/Recreational Lots; Located North of the Intersection of Robbins Road and East Marrowstone Road; Susan & Kevin Miller, Lisa & Robert Brown, and Christi & Chris Clum, Proponents 11. DELETE Two (2) Food and Beverage Purchase Requests; 1) Meal/Snack for Minors Involved in Tobacco Compliance Checks, $20.00; 2) Snacks/Beverages During Washington State Vital Records Annual Meeting, $75,00; Jefferson County Health and Human Services Page 2 VOL 2'2 4 Commissioners Meeting Minutes: Week of September 14, 1998 COUNTY DEPARTMENT BRIEFINGS/BUSINESS COMMUNITY DEVELOPMENT Director's Update: Assistant Planner Michelle Grewell reviewed the JR's Produce permit by reporting that the permit application was approved on March 2, 1998 with a list of conditions. A road approach permit was also approved by the State Department of Transportation for this application. A 90 day temporary use permit is allowed with one additional extension of 90 days. The ordinance clearly states that no additional time is allowed after 180 days. A copy of the approval was sent to the applicant which outlined all of the conditions. The extension for an additional 90 days was automatically approved. The 90 day extension expired on September 2, 1998 and the Planning Department notified Mr. Randall on September 3, 1998 that the business had to be removed. John Randall stated that he has over 3,000 customers. He thought that he could remain in business until October 30, 1998 and has collected over 1000 signatures from customers who want him to remain in business. He plans to sell Christmas trees at the same site later this year. Chairman Huntingford asked if there is any limit on the number of temporary permits a person can apply for? Associate Planner Barry Berezowski explained that temporary permits are allowed for seasonal businesses. Since the Emergency Ordinance is silent to this issue, the Administrator would have to make a determination and then that determination could be appealed to the Hearing Examiner. Larry Fay, Environmental Health Director, asked if the applicant is bound by the date they requested in their permit or if they are bound by the date of the approval? A1 Scalf stated that they go by the dates the applicant requests. Mr. Randall reported that he actually started his business on April 24, 1998. Commissioner Wojt moved to have the Planning staff review Mr. Randall's records to determine the date the business actually started and then make a recommendation to the Board to establish the date the permit was issued. Chairman Huntingford seconded the motion which carried. Later in the day: A1 Scalf reported that he reviewed Mr. Randall's records (daily cash sheets, etc) and recommends that the start date for the permit be set to April 24, 1998 and that the operation of the produce stand be extended to September 30, 1998. This would be 156 days of operation on this temporary permit. Mr. Randall has agreed to request a temporary permit for the sale of Christmas trees before November 22, 1998. Commissioner Wojt moved to accept the agreement with Mr. Randall as proposed by Planning staff with the deletion of the provision to allow the tent to remain in place. Chairman Huntingford seconded the motion which carried. Discussion re: Asphalt Batch Plants: A1 Scalf reviewed a map of susceptible aquifer recharge areas and mineral lands designations. There are currently applications for batch plants at 1) Port Ludlow, 2) Port Hadlock (Shold) and 3) Cape George (Lakeside.) Page 3 Commissioners Meeting Minutes: Week of September 14, 1998 Commissioner Wojt asked if the Lakeside project is a grandfathered operation? Al Scalf reported that an administrative decision will be made by tomorrow on this project. Chairman Huntingford asked if there have been any complaints on the Lakeside operation in the last 4 or 5 years? Jerry Smith reported that no complaints have been received until this summer when it went into full operation. A1 Scalf reported that the Shold application is in a susceptible aquifer recharge area and it is ~oeing reviewed because the property is in a well head protection area. Chairman Huntingford noted that at the time of application, the County told the applicant this was a susceptible or vulnerable area and the batch plant would not be permitted. In the process, there is an option for the applicant to have an analysis done and that analysis came in under the required levels. That analysis underwent a peer review with the same result. At that point the applicant was told that the project was in a well head protection area that had just been adopted by the City of Port Townsend. Al Scalf reported that Planning Staff told the applicant this project was prohibited in this area from the beginning. Larry Fay reported that well head protection areas are established by the utilities and the State Department of Health. The City's well head protection areas plan was approved by the State on March 28, 1998. The application for the asphalt batch plant came in on April 14, 1998. PUBLIC WORKS Director's Update: Public Works Director Klara Fabry reported on the following: She asked that she be allowed to review the Fred Owen survey of management salaries for the Public Works Department before it is released to the other Departments. Gary Rowe recommended that Fred Owen explain his process and present the survey results to all the Elected Officials and Department Heads at the same time. Public Works staff met with ORM and the LMC regarding stormwater issues in Port Ludlow. ORM agreed that they will fund the correction work outside of the right-of-way for short term solutions. The County will fund any work within the right-of-way. The Department will continue to work with ORM and LMC on long term solutions. LMC will discuss and hold public meetings on the possible establishment of a stormwater district to fund long term solutions. A workshop will be scheduled to discuss the impact on the Public Works Department from regulations to preserve and enhance Salmon habitat. The HPA process is underway for the Little Quilcene River gravel trap excavation project. Discussion of Concerns on Work Plan on Comprehensive Plan and Permanent Controls: Associate Planner Barry Berezowski reviewed the tasks and the work order for the Planning Commission in the adoption of the permanent controls. These controls must be adopted as soon as possible. The discussion continued regarding the timeframe for the work and how and if the Planning Commission can complete the tasks within 60 days. After a lengthy discussion of how to address interim or final controls, Barry Berezowski suggested that the Interim Controls previously drafted that the Board and staff have reviewed over the past few months, be sent to the Planning Commission with Page 4 Commissioners Meeting Minutes: Week of September 14, 1998 direction for them to review the Master Planned Resort at Port Ludlow specifically, as well as other portions of the controls. This discussion will be continued at 8:00 a.m. on Tuesday morning. Mark Huth re: Commercial Use of Melwood Terrace: Mark Huth, Attorney representing several property owners in the Melwood Terrace Subdivision, explained that in 1979 the plat was dedicated with Lot 1 identified by covenants for commercial use. In 1981 a lawsuit was filed by the property owners to stop an illegal amendment to the plat to allow commercial use on other lots. The lawsuit determined that Lot 1 was the only lot that could be used for commercial purposes. In 1990 the County Development Code passed which could have allowed additional commercial use in the plat if the covenants had not been in place. In 1994 the Zoning Code downzoned the lots other than Lot 1 to be in compliance with the covenants and only allow Lot 1 for commercial purposes. In 1996 Mr. Vines filed a lawsuit against the property owners to allow commercial use on other lots. Mr. Vines lost that lawsuit. In 1997, Mr. Vines went before the Hearing Examiner to ask for a variance to setbacks so that he could build on the boundary of Lots 1 and 2, allowing for a larger building on Lot 1. The Hearing Examiner found that there was no hardship involved and denied the request. The draft Comprehensive Plan has always indicated that Lot 1 is the only commercial lot. Mark Huth stated that before the adoption of the final Comprehensive Plan, Mr. Vines or his representative met with County staff and a letter dated August 12, 1998 from Mr. Vines' Attorney indicates that the County agreed to allow the vesting of Lot 1 for commercial use and Lot 2 through a lot line adjustment. The letter includes a signature line for Director of Community Development, A1 Scalf. Mr. Huth asked that the Board rescind whatever agreement was made with Mr. Vines on August 12, 1998. Commissioner Wojt noted that there was never an agreement on the part of the Board of Commissioners. He said that he was present at the meeting with Mr. Vines and his Attorney and much of this history was not mentioned. A1 Scalf advised that he was at this meeting also where he argued the Hearing Examiner's position. On the advice of the Prosecuting Attorney they entered into this agreement. He suggested that the Team that reviewed this originally (the Prosecuting Attorney, the Director of Community Development, Commissioner Wojt, and a Planning Department staff member) review it again with the additional information on the law suits included. Chairman Huntingford stated that a number of years ago he had several meetings with Mr. Vines regarding the history of these lots. He didn't know about the court actions at that time. After he reviewed Mr. Vines' information, he felt that Lot 1 was commercial, but the other 2 lots were not. He added that the Board was made aware of the discussions with Mr. Vines and the Prosecuting Attorney, but they didn't make a decision. There are covenants on the property and nothing can change regarding these lots until the covenants are changed. The County has never overruled the CC&R's (covenants) and the County does not enforce them. He feels the Board should overturn the August 12, 1998 decision. Mr. Vines stated that he never tried to violate the covenants on the property. He feels that the other property owners want to make Lot 1 unusable because there is not enough room to build on it without putting the drain field on an adjacent lot. Mr. Vines reviewed the history of the court cases. He ~Page5~4 VOL ~fiF Commissioners Meeting Minutes: Week 9f September 14, 1998 explained that his current request is to put an office building on Lot 1 with the drain field on Lot 2. The covenants for Lots 2 and 3 say that they can't be used for any commercial "structure." Mr. Vines presented a letter to the Board. (See microfilmed document.) Commissioner Wojt asked what action has taken place since Mr. Vines' Attorney sent the letter? A1 Scalf reported that he signed the letter and it was his understanding that the Prosecuting Attorney was to bring these agreements before the Board, but that has not been done. Mark Huth stated that in his opinion Mr. Scalf has no authority to bind the County to anything unless the Board gives him that authority. Al Scalf reported that there is a vested application for an auto detail shop with a septic system permit on Lot 1. Commissioner Wojt suggested that the Board wait to see if Mr. Vines makes an application for a septic system on Lot 2 and a buffer on Lot 3. Chairman Huntingford stated that he would like to talk with the Prosecuting Attorney before any decision is made. He asked that Mr. Vines and Mr. Huth both submit a list of the facts in chronological order regarding these parcels. The Board agreed to discuss this with the Prosecuting Attorney before any determination is made. Out of State Travel Request; Jefferson County Sheriff's Office: Commissioner Wojt moved to approve the Out of State Travel Request submitted by the Sheriff's Office for extradition of a prisoner from Maui, Hawaii. Chairman Huntingford seconded motion which carried. Appointment to Planning Commission: Commissioner Wojt moved to appoint David Whipple to an unexpired term on the Planning Commission representing District No. 3. His term will expire on March 17, 2000. Chairman Huntingford seconded the motion which carried. Letter to City of Port Townsend re: Regional Services: Commissioner Wojt moved to have the Chair sign a letter to the Mayor of the City of Port Townsend regarding regional services as drafted by Gary Rowe. Chairman Huntingford seconded the motion which carried. The meeting was recessed at the end of the business day and reconvened on Tuesday morning at 8 a.m. Chairman Huntingford and Commissioner Wojt were present. Commissioner Harpole was absent. Discussion of Concerns on Work Plan on Comprehensive Plan and Permanent Controls (Continued from Monday): Al Scalf explained that the resolution regarding implementation of the Comprehensive Plan referred to "interim controls" and it was staff's understanding that the Planning Commission would be addressing interim controls within 60 days. He stated that it will take VOL P~f,F Commissioners Meeting Minutes: Week of September 14, 1998 six months to a year to establish the final development regulations. There was a discussion about the Board's motion regarding the resolution and their expectations. The discrepancies between IC98 and the ElCO were discussed. Chairman Huntingford asked about the changes and how long it might take to make them? A1 Scalf stated that they are docketed and could be corrected quickly on an interim basis. The Board needs to hold a public hearing on the EICO no later than October 24. Phil Andrus and Janet Welch, Planning Commission members, asked the Board for clarification on the interim implementation. Chairman Huntingford stated that he feels the Planning Commission needs to focus on permanent development regulations for Port Ludlow. He suggested using the development standards that CLOA and ORM submitted on August 7, 1998 as a starting point. Janet Welch asked for direction from the Board on the Planning Commission's tasks. The Board agreed that they concentrate on the Master Planned Resort issues at Port Ludlow and include as much public input from the community as possible. Al Scalf reiterated that the Board's direction is that the Master Plan Resort chapter be forwarded to the Planning Commission for public workshops and meetings and a recommendation be submitted to the Board before the public hearing on October 24. It is his understanding that the Board intends to amend the EICO, including some language on the Master Plan Resort. Chairman Huntingford stated that a workplan also needs to be put into place as soon as possible outlining the other priorities, to be set by the Board, and a timeframe for the Planning Commission and staff. He also directed that one staff member be assigned as support person for each task and that person see the task through. There was a brief discussion about the Planning Commission's schedule of public meetings regarding the Master Planned Resort at Port Ludlow and the importance of advertising them so that all interested citizens can attend. MEETING ADJOURNED x '..b 4. Lorna Delaney, CMC Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIO~ tJaniel narpme, lv~er - Page 7 2,4