HomeMy WebLinkAboutM121498JEFFERSON 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
Clerk of the Board:
Director of Public Services:
Deputy Director of Public Services:
Lorna L. Delaney
Gary A. Rowe
David Goldsmith
MINUTES
Week of December 14, 1998
Chairman Glen Huntingford called the meeting to order in the presence of
Commissioners Daniel Harpole and Richard Wojt.
Approval of Minutes: Commissioner Wojt moved to approve the minutes of November
23, 1998 as corrected (correction on page I 0f Kathy Shipmant0 Shiffman) and December 7, 1998 as corrected (page 4
under Discussion of map Correction Petition MCR-98-O002 by Patrick and Beverly Smith- paragraph 4 CHANGE first and second sentence to read:
"Commissioner Wojt stated that there is water available to these properties. Mr. Arnett, representing Mr. Smith, agreed that water is available.).
Commissioner Harpole seconded the motion which carried by a unanimous vote.
Appoint Representative to Serve on SR 104 Study Steering Committee; Commissioner
Glen Huntingford: Commissioner Harpole moved to appoint Chairman Glen Huntingford to serve on
the SR104 Study Steering Committee. Commissioner Wojt seconded the motion which carried by a
unanimous vote.
The Board met in Executive Session with the Prosecuting Attorney and the Deputy Director of
Public Services from 9:00 to 9:30 a.m. regarding potential litigation.
PUBLIC COMMENT PERIOD: The following comments were made: "Notice to Title"
is not necessary in the proposed Noise Overlay Ordinance for the Airport; support of an underwater
marine park at Fort Worden or Point Hudson, both of which are historical sites for divers; and a request
that the Real Estate Access system developed by the Assessor's Office be continued in the future.
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Commissioners Meeting Minutes: Week of December 14, 1998
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt
moved to delete Items 1, 5, and 11 and to adopt and approve the balance of the items as presented.
Commissioner Harpole seconded the motion which carried by a unanimous vote
1. DELETE Resolution re: Reaffirming Adoption of Ord. 07-1109-98; Interim Ordinance Regulating Land Use and
Development Within Port Ludlow Master Planned Resort (See item on Port Ludlow later in Minutes.)
2. RESOLUTION NO. 101-98 re: Adopting the Cost Allocation Plan for Fiscal Years 1998 and
1999
3. AGREEMENT, Supplement #2 re: Changes to Scope of Work and Time for Completion;
Jefferson County Public Works; Merritt + Pardini
4. AGREEMENT re: Tri Area Community Center Septic System Repair, SS1373; Jefferson
County Public Works; Primo Construction, Inc.
5. DELETE Agreement re: Additional Work on First Two Mile Section of Larry Scott Memorial Park Trail, CR1069;
Jefferson County Public Works; Interagency Committee for Outdoor Recreation (See item later in Minutes.)
6. AGREEMENT, Interlocal ICA-98125 re: Updating and Improving the Judicial Information
System (JIS); Jefferson County Superior Court; Office of Administrator for the Courts
7. Final Subdivision, Bergstrom Short Plat, #SUB95-0006; To Divide 6.04 Acres into 2 Residential
Lots; Located off of East Marrowstone Road; Stephen & Evelyn Bergstrom, Applicants
8. Notice of Meeting Cancellation of Jefferson County Board of Commissioners Meeting
Scheduled for Monday, December 28, 1998
9. Accept Resignation of Member Serving on Jefferson County Tourism Council; Deanne (Dee)
Kamp
10. Letter to Mason County Commissioners re: WRIA 16 Watershed Planning
11. DELETE Food and Beverage Purchase Request Ibr County Employees Attending Federal Mediation and Conciliation
Service Training; Public Services and Commissioner's Office (See item later in Minutes.)
COUNTY DEPARTMENT BRIEFINGS/BUSINESS
COMMUNITY DEVELOPMENT
Discussion re: Lake Leland Protection Program Proposal: Associate Planner Harriet
Beale reported that staff has reviewed the proposal submitted by the Lake Leland Neighborhood
Association. She explained that the Planning Commission Shoreline Subcommittee is scheduled to
conduct a public process on revisions to the Shoreline Management Master Program and several items
in the proposal can be addressed at that time. These items include a 100 foot buffer along the shoreline,
proposed restriction of motorized boats, and the 15 foot adjacent property setback. In addition, the area
could be designated as a shoreline special protection overlay. The request to retain significant trees can
be addressed by public education and in the Clearing and Grading Ordinance that will be adopted as part
of the Comprehensive Plan implementing regulations.
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Commissioners Meeting Minutes: Week of December 14, 1998
Environmental Health Director Larry Fay stated that the proposal also includes a request for a sanitary
survey and water quality monitoring. He explained that a sanitary survey will not provide any more
information than what is already known. The Health Department's recommendation is to be fairly
conservative and aggressive on new septic permits and on any building permits for repair, remodel or
expansion. In addition, they would like to increase the water quality monitoring efforts around the lake
and upstream and downstream of the lake. Chairman Huntingford suggested that the Health Department
contact Glen Gately who has been doing a monitoring study.
Commissioner Harpole asked that a response be drafted for the Board's signature that addresses the staff
recommendations for each item in the proposal. Harriet Beale advised that she will draft a letter for next
week's agenda.
Discussion re: Accessory Dwelling Unit Ordinance 21-1218-95, Section 6.20 (I) Water
Service: Director of Community Development A1 Scalf reviewed the provisions of Ordinance No. 21-
1218-95 regarding Accessory Dwelling Units. The County's ordinance requires that water to an ADU
be provided through the existing single family residence, while the City's ordinance requires a separate
water service for a detached ADU.
After a brief discussion about the original intent of the County's ordinance and the Health Department
Water Policy regarding ADUs, Larry Fay recommended that the ordinance be revised to read that the
County be consistent with the water service provider's policy on ADUs. The Board asked for a legal
review of the issues between the regulations of the County and the water utility provider.
Discussion re: Selection of Appellant Hearing Examiner: A1 Scalf reported that
under the provisions of the Contract Letting Ordinance, he has contracted with an appellant Hearing
Examiner who is scheduled to hear his first appeal in January.
Regulations for the Master Planned Resort at Port Ludlow: A1 Scalf reported that he
met with the Prosecuting Attorney last Friday to resolve the issues regarding the Port Ludlow zoning
and they developed a draft interim ordinance that they are asking the Board to adopt.
Prosecuting Attorney David Skeen stated that The Leader reported last week that the Prosecuting
Attorney had not provided the Board with legal assistance on the Port Ludlow issue. He noted that this
is not correct, because his office has been working consistently with the Planning Department and the
Board on legal review of the Port Ludlow issues since the issues were first raised. Commissioner
Harpole stated that he feels there was a mis-communication. In further review, Commissioner Harpole
acknowledged that the Prosecutor's Office has been involved with these issues since they were
originally raised and that they continue to remain available for legal counsel.
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Commissioners Meeting Minutes: Week of December 14, 1998
David Skeen advised that he and A1 Scalf are recommending that Ordinance No. 07-1109-98 be
rescinded and that the Board adopt the proposed ordinance, amending Interim Ordinance 06-0828-98,
Sections 3.160, 4, and 11 under RCW 36.78 390, regulating land use and development in the Port
Ludlow Master Plan Resort. He also recommended that the Board pass a resolution that would create a
collaborative rule making process to create the final development regulations for Port Ludlow.
This resolution will allow all interested parties to come to the table and work out their differences. That
process would start immediately after the first of the year. He recommended that the Board hire the
mediator used in the resolution of the forest land ordinance.
David Skeen added that tomorrow there is a motion before the Growth Management Hearings Board
regarding the ORM petition. He said that independent of the Board's action today, he plans to ask
ORM to withdraw the petition, their challenge to the Planning Commission, and that they make new
efforts to work cordially with the Planning Commission.
A1 Scalf reported that the proposed interim ordinance would require a public hearing within sixty days.
The SEPA Official has reviewed the proposal and determined that there are no probable adverse
environmental impacts. Any proposal within the MPR boundary that exceeds environmental analysis
conducted by the 1993 ElS, including those areas beyond the 1993 EIS, will be considered a major
revision subject to a review process conducted under Section 3.901, Subsection H, Item 2 of the
proposed ordinance. David Skeen added that anything beyond the 1993 EIS map would also be
considered a major revision.
Commissioner Harpole moved to rescind Ordinance No. 07-1109-98, adopted November 9, 1998
regarding interim controls for Port Ludlow. Commissioner Wojt seconded the motion which carried by
a unanimous vote.
Commissioner Harpole moved to adopt ORDINANCE NO. 10-1214-98, amending sections of
Ordinance No. 06-0828-98. Commissioner Wojt seconded the motion. David Skeen reported that he
has done legal review of this ordinance. The Chairman called for the vote which was unanimous.
Commissioner Harpole moved to support a resolution outlining a collaborative rule making process for
development regulations for Port Ludlow. Commissioner Wojt seconded the motion. Greg McCaw,
representing ORM, asked for clarification of when that process will be started? The Board concurred
that the process start right after the first of the year. The Chairman called for the vote which was
unanimous.
Commissioner Harpole noted that as the SEPA Responsible Official and Department Head, Al Scalf
take a conservative approach to the implementation of this ordinance during the interim period. The
other Board members concurred with Commissioner Harpole's statement. Commissioner Harpole
added his thanks to the Prosecuting Attorney's Office for their efforts in this process.
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Commissioners Meeting Minutes: Week of December 14, 1998
Gary Tucker, President of Olympic Resource Management, stated that he appreciates the efforts made
today and he hopes that in the next two months the Port Ludlow Community, the environmental groups
and ORM can work together constructively and cooperatively to resolve the issues.
Recommendation to Pay Claim #C-12-98; Charles and Wanda Sherred, Claimants:
Commissioner Harpole moved to approve the payment of Claim #C-12-98 as recommended.
Commissioner Wojt seconded the motion which carried by a unanimous vote.
PUBLIC WORKS
AGREEMENT re: Additional Work on First Two Mile Section of Larry Scott
Memorial Park Trail, CR1069; Jefferson County Public Works; Interagency Committee for Outdoor
Recreation: (See also Item 5 on Consent Agenda) Commissioner Wojt moved to approve the
agreement with the Interagency Committee for Outdoor Recreation as presented. Commissioner
Harpole seconded the motion which carried. (Chairman Huntingford was temporarily out of the room
when this item was considered.)
Vacation of a Portion of Bachelor Road: Commissioner Harpole moved to approve
RESOLUTION NO. 102-98 vacating a portion of Bachelor Road as submitted. Commissioner Wojt
seconded the motion in the temporary absence of Chairman Huntingford. The motion carried.
Director's Update: Klara Fabry reported:
Linger Longer Road and Kelly Road were closed over the weekend due to water over the
roadway.
The Hoh Tribe raised an issue regarding the maintenance of a rip rap project the Tribe is
developing. This will be discussed more at a future date.
The County is being asked by the Port of Port Townsend for a letter of support to the Legislature
for $1.2 million for removal of railroad trestles in the area of the Port expansion project.
Commissioner Harpole pointed out that the City owns the trestle and he wants to know the
City's position before a letter of support is drafted.
The Penny Creek Hatchery Road is about 2 weeks behind schedule and probably will not be
finished until next year.
The first draft of the Solid Waste Management Plan will be released at the end of the month.
The ramps and the addition building setup at the Quilcene Community Center will be completed
this week. However, the electrical connection to this building will not be complete.
A strategy for how to deal with the house left on the Ken Merritt property will have to be
developed after an assessment is done to determine if the structure can be moved or not.
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Commissioners Meeting Minutes: Week of Decemb er 14, 1998
Engineering Division Report; Frank Gifford; Engineering Services Manager Frank
Gifford reviewed the 1998 goals and objectives and how they have been met.
Deliberation on Proposed Traffic Ordinance; To Replace and Repeal Ordinance No.
10-1206-93 and Ordinance 2-88 (Continued from November 23, 1998): Scott Kilmer reported that he
has discussed the Sheriff's Department concerns regarding the prohibition of the use of unmuffled
compression brakes. He reviewed the wording changes suggested to address these concerns. The areas
where these brakes are prohibited will have signs posted.
Chairman Huntingford asked about the concerns regarding the speed limit near the Lutheran Church of
the Redeemer on Chimacum Road. Commissioner Harpole pointed out that his concern was addressed
at the hearing on November 23, 1998.
Commissioner Wojt moved to approve ORDINANCE 11-1214-98 adopting the Model Traffic
Ordinance and other traffic statutes regulating traffic speeds on County Roads. Commissioner Harpole
seconded the motion which carried by a unanimous vote.
Bill Lewis and Dave Norman, Department of Natural Resources: Discussion of County
/DNR Responsibilities in SEPA Processing and Possible Co-lead Agreement; Northwest Aggregate,
Mats Mats Quarry: Bill Lewis presented a packet of information (See microfilmed documents). He
stated that a proponent has submitted a proposal to DNR for a new operation at the Mats Mats Quarry.
A1 Scalf asked if this is a new application as opposed to a revision to an existing application? Dave
Norman reported that it is a new application. The question is how the SEPA process will be dealt with.
These are the options:
· DNR as SEPA lead
· County as SEPA lead
· DNR and Jefferson County co-lead
Bill Lewis reviewed a handout on reclamation issues and operations.
Commissioner Harpole asked what is meant by nominal lead? Dave Norman reported that if 2 agencies
do a co-lead arrangement, then one of these agencies is designated the nominal lead to handle the
comments, the information exchange, documentation and public notice and is responsible for complying
with the duties of lead agency. He explained that typically DNR handles all issues regarding
reclamation, and they rely on the other agency to be responsible for land use issues such as noise and
hours of operation.
A letter was received by the County from DNR asking if a landfill permit is required because of the
proposal that fill will be imported for the project? There was a discussion about importing fill from
offsite and how this would be addressed under County land use regulations. Ken Johnson, Manager of
Mats Mats Quarry, stated that this permit is only for reclamation. Al Scalf explained that this comes
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Commissioners Meeting Minutes: Week of December 14, 1998
back to a determination of lead agency and what agency requires a permit. The permits dealing with the
quarry are a surface mining permit, a discharge permit, and an air quality permit. The County has no
responsibility regarding these permits.
Commissioner Harpole asked about the process if the DNR is the lead agency, and the hours of
operation were to become an issue? Dave Norman stated that there are consulting agencies allowed
under SEPA, and in this case, the County could work with the lead agency in addressing issues. He
stated that because it is more of a local issue, the DNR encourages local government to be the nominal
lead and handle the public hearings, etc. He noted that there are more issues involving operations than
there are involving the reclamation.
Commissioner Harpole noted that the proponent's attorney has written a letter stating that the lead
agency for SEPA on this permit must be DNR. He feels that the Board needs a legal opinion from the
Prosecuting Attorney on whether this permit is a primary use or a secondary use and whether the
County can be lead or co-lead for SEPA. If a co-lead agreement is developed, the Prosecuting
Attorney's Office needs to be involved so that there is a reasoned argument to respond to Stephen Roos,
Attorney for Lone Star (see microfilmed letter.) Dave Norman reported that DNR will draft a co-lead
agreement, have it reviewed by the Attorney General's Office, and submit it to the County for
consideration. There was a brief discussion about the County considering the nominal lead position.
The Board agreed that they need more information about what that position would entail before they can
make that decision.
Dave Norman reported that the application from Lone Star has not been determined to be substantially
complete yet. Once the permit is accepted as complete that triggers a 90 day time line for a SEPA
determination.
Letter to Port of Port Townsend; re: Status of the Proposed Noise Overlay Ordinance
for the Jefferson County Airport: Commissioner Wojt moved to approve and sign the letter to the Port
of Port Townsend as submitted. Commissioner Harpole seconded the motion which carried by a
unanimous vote.
HEARING re: Setting Property Tax Levies for 1999: Gary Rowe, Budget Manager,
reported that last year the property tax levied was $3,985,286.37 plus 4% means that the maximum
property tax to be levied in 1999 will be $4,144,697.83 for the General Fund and $2,287,204.55 for the
County Road levy. Gary Rowe reported that the Board must also set the limit factor for the year which
he suggested be 106%. Stating the limiting factor at 106% allows the County to recapture the 2% that
wasn't taken this year in a future year.
The Chair opened the hearing for public comments. Hearing no comments for or against the property
tax levies, the Chairman closed the hearing.
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Commissioners Meeting Minutes: Week of December 14, 1998
The Board directed that the Clerk place the required resolutions on the Consent Agenda next week.
Jim Farmer, Fort Worden State Park Manager re: Fort Worden Capital Request to
the State: Jim Farmer asked for the Board's support of the Capital Improvement Program that State
Parks has before the Legislature this year. Fort Worden's request includes improvements to allow for
the celebration of the Park's Centennial in 2002. It includes a $7 million dining hall that is 18,600
square feet and is architecturally correct, and $7 million in renovating expenses. He stated that Fort
Worden is an integral part of the community and that it generates revenue and business for Jefferson
County. The revenues from activities at the Park should be able to pay its operating costs by 2003-
2004; but the State will always have to support the capital costs for the Fort's historic structures. He
submitted a draft letter of support for the Board to consider.
The Board met in Executive Session With Deputy Director of Public Services And
Public Works Director from 4:00-5:00 p.m. regarding labor union negotiations. The meeting was
recessed at the end of the scheduled business and reconvened the following morning. All three Board
members were present.
Creating a Collaborative Process to Draft Proposed Development Regulations for the
Port Ludlow Master Planned Resort: After reviewing the draft resolution to create a collaborative
process for drafting development regulations for the Port Ludlow Master Planned Resort, Commissioner
Harpole moved to approve RESOLUTION NO. 103-98 as presented. Commissioner Wojt seconded
the motion which carried by a unanimous vote.
Clerk of the Board ~ Daniel Harpole, Mem~r
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