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HomeMy WebLinkAboutM060997 JEFFERSON COUNTY BOARD OF COMMISSIONERS Daniel Harpole, Member Glen Huntingford, Member Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Lorna L. Delaney Gaty A. Rowe David Goldsmith MINUTES WEEK OF JUNE 9, 1997 The meeting was called to order by Chairman Richard W ojt. Commissioners Glen Huntingford and Daniel Harpole were both present. PUBLIC SERVICES BRIEFING SESSION: Public Services Director Gary Rowe gave the Board members a survey to fill out by next Monday (June 16, 1997) regarding their vision for a strategic plan for the County. The need for the Departments to develop work plans that identify what needs to be done on an issue, how it will be accomplished, who will be working on the required elements and when the work will be done, was also discussed. PUBLIC COMMENT PERIOD: The following items were brought up: Subdivision being allowed in the area of the Sportsmen's Club shooting range and the suggestion made that this area be defined in such a way that noise reduction materials would be required in any residences built within a certain distance of the area; requirements being put on residences in areas around the airport to address the noise issue; why special areas like the airport aren't being incorporated into the draft Comprehensive Plan; changes in the Glen Cove Planning Area; and how parcels are being developed in the Tri Area that are one acre In SIze. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Harpole moved to delete items 1 and 3 and to approve and adopt the balance of the items as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. DELETE Resolution re: Revising the 1997 Capital Improvement Program Page 1 ')> :~., 380 VI...., I l , -' ,-,' , !...;' Commissioners Meeting Minutes: Week of June 9, 1997 THE CONSENT A GENDA- continued: 2. RESOLUTION NO. 69-97 re: Accepting Bid to Supply and Install a Portable Structure (New Work Release Facility) at the Jefferson County Sheriff's Department Project No. WR1280; Jefferson County Public Works; Modem Building Systems, Inc. 3. DELETE Agreement re: Professional Services; To Perform Management and Organizational Development Consulting Services; Ken Lynn, Communication Educators 4. Two (2) Appraiser's Certificates and Authorizations to Proceed with Acquisition of Property For Larry Scott Memorial Trail, Project # CR1069; Jefferson County Public Works; Allen Easton, and Rock Fountain, Property Owners 5. Amend Final Mylar to Correct Legal Description; EI Camano Short Plat, SUB95-0020; To Divide 2.71 Acres into 2 Residential Lots; Located South of Sommerville Road, Chimacum; Chris and Trudy Adams, Proponent 6. Findings, Conclusions, and Decision; Short Subdivision SUB97-0002; To Divide 6.18 Acres into 2 Commercial Lots; Located North of Ness' Corner Road and Masonic Hall Road Intersection, Port Hadlock; Robert Matheson, Applicant 7. Two (2) Food and Beverage Purchase Requests: - Data Training Workshop; Health and Human Services - Courtroom Security and Supervision Training; Sheriff's Office COUNTY DEPARTMENT BRIEFINGS COMMUNITY DEVELOPMENT: AI Scalf reported that direction is needed from the Board to determine who will review Shoreline Permits. Procedurally the lowest risk would be to have the Planning Commission review Shoreline Permits. There is more risk of a procedural appeal if the Hearing Examiner reviews these permits. Deputy Prosecuting Attorney Paul McIlrath reported that he discussed this with the State Attorney General this morning. The AG isn't concerned about the review process used by the County. Chairman W ojt noted that the County is going to amend the Shoreline Master Program so the issue is only for the permits that are to be reviewed between now and that time. Commissioner Harpole suggested that the resolution that allowed the Shoreline and Planning Commission to be combined, be amended to include wording that says that Shoreline Permits are to be reviewed by the Hearing Examiner for the interim period until the Shoreline Master Program is amended. Paul McIlrath added that the amended resolution should be reviewed and agreed to by the State Department of Ecology. Jim Pearson, Public Works, expressed concern that until State regulations are changed by an amendment of the County's Shoreline Master Program, there will be procedural grounds for an individual to have any determination thrown out. Commissioner Harpole asked if the County would still be vulnerable for any decisions made on Shoreline Permits if the resolution that created the combined Planning Commission is modified to allow this? Paul McIlrath agreed with Jim Pearson, that individuals could protest on procedural grounds. John Holgate Page 2 VOL 28. .~;,~ 390 - Commissioners Meeting Minutes : Week of June 9, 1997 stated that a solution could be to have the Planning Commission review shoreline permits. He feels the resolution that created the Planning Commission can be interpreted to include this review. The staffhas discussed this with the Chairman of the Planning Commission and she felt that the Planning Commission members would be willing to do this review. Chairman W ojt asked how many projects there are that need to be reviewed? Al Scalf reported that there are 2 joint (zoning and Shoreline) projects and 7 shoreline only projects. Al Scalf reported that if the Planning Commission is to review the Shoreline Permits, then the Shoreline Master Program amendments would be developed as soon as possible. Commissioner Harpole asked how much work is required to make the amendments to the Shoreline Master Program? Monica MacGuire reported that there are extensive amendments that will need to be prepared, SEP A review will have to be done on any amend- ments, and a hearing is required. It would be at least 6 months of work for County staff and then it will have to go to the State for their final adoption process. Commissioner Harpole asked if the Board could direct that Shoreline Permits be reviewed by the Planning Commission, without modifying any documents? Paul McIlrath stated that he reviewed the original resolution combining the Shoreline and Planning Commissions several months ago, but he doesn't remember exactly what it said. Commissioner Harpole moved to have staff bring forward a resolution modifying the resolution that combined the Planning and Shoreline Commission to allow the Planning Commission to review quasi judicial shoreline permits and to direct staff to begin the process of taking the Shoreline Permits to the Planning Commission. Commissioner Huntingford seconded the motion. The Chairman called for a vote on the motion which carried by a unanimous vote. John Holgate then reviewed the Comprehensive Plan schedule and eXplained the chart which designates all the work to be done. Commissioner Harpole noted that the original discussion with the Comprehensive Plan team was to do an RFP for the scope of the Glen Cove/Tri Area study. He asked why the RFP can't be for the scope and the study all at the same time? John Holgate stated that the RFP needs to be done in two parts because the project is so complex. Klara Fabry stated that the first phase RFP is very important because it will include input from all interested agencies. Commissioner Harpole noted that the first phase will be scoping the parameters of the study with agreement from all the interested agencies (i.e. City, PUD, Port, and the communities.) AI Boucher asked if the Board is going to appoint a committee to guide the Tri Area study since that is a requirement of the County-wide Planning Policies? John Holgate noted that the scope of the study will include this committee. Termination Point: The Board asked where Termination Point is located? AI Scalf reported it is westerly of the Hood Canal Bridge on Old Shine Road. Commissioner Harpole stated that he has read through the information in the packet which contain conflicting opinions. He suggested that the Board VOL Page 3 23 ~H~ 391 --- Commissioners Meeting Minutes: Week of June 9, 1997 make a site visit, especially because of the impacts of this last winter. Jerry Smith reported that a fax was received from Barbara Blowers asking that the Board be given more information than what was included in the packet for today's meeting. The County Engineer has reviewed all of the information she is requesting be submitted to the Board, and has included those in her report to the Board. The discussion continued regarding the nature of this request and whether it is a quasi-judicial or legislative action and whether a public hearing is required. Klara Fabry suggested that since there is differences in the professional engineering reports, that the Board of Professional Engineers be requested to review these reports. This discussion will be continued to 2: 15 p.m. PUBLIC WORKS DIRECTOR: The Chairman reported that the discussion of the Glen Cove/Tri Area study has been postponed to June 23, 1997. Klara Fabry reported that short term solutions to the traffic problems on Seven Sisters Road are being reviewed by Public Works staff and will be brought before the Board in the near future. Gary Rowe suggested and was asked to draft a letter to the State Parks Commission advising them of the problems that have been created by their promotion of the State Park. Gary Rowe asked if the LIT group is drafting a Comprehensive Plan for the DosewalIips River? Klara Fabry reported that the LIT is only working on the QuiIcene area. The Brinnon Flood Board will be meeting later this week and this can be brought up at that time. Klara Fabry and Mark Lopeman will be meeting with the Fire District Commissioners Association to discuss the inter-local agreements for any type of road or maintenance work done by the Public Works for the Fire District and to make sure they understand that there is no intent for the Public Works Department to charge the Fire Districts for this work. A sub-committee of the SW AC will be bringing forward possible long term solutions to the SW AC on June 19, 1997. Commissioner Harpole asked that the Board be updated on the range of options before they are taken to the SW AC. Klara Fabry reported that she is requesting feedback from the Prosecuting Attorney on the legalities of some of the financial solutions. A workshop will be scheduled with the Board to go over the options. A letter from the City of Port Angeles was presented and Klara Fabry will draft a response to them before June 23, 1997. Discussion re: Tri-Area and Glen Cove Studies: (Postponed to June 23, 1997 at request of the Public Works and Planning Departments.) PUBLIC COMMENT PERIOD: The following comments were made: that the Planning staffhas spent a lot of time on the request to lift the development moratorium on a lot in the Termination Point Slide area and the person felt that the applicant should be spending the time on it. Page 4 VOL 23 ~y; 392 - Commissioners Meeting Minutes: Week of June 9, 1997 Appointment to Quilcene Flood Control Board: Commissioner Huntingford moved to appoint Fred Beck to serve on the Quilcene Flood Control Board. Commissioner Harpole seconded the motion which carried by a unanimous vote. BUSINESS FROM COUNTY DEPARTMENTS: COMMUNITY DEVELOPMENT Al Scalf and Jerry Smith re: Review and Possible Action on Request for Partial Repeal of Development Moratorium; Termination Point Plat, SUB 96-0008 & SDP 95-0003; Located South of Shine Road on Hood Canal; Russell Trask, Applicant: Chairman Wojt asked if this is a quasi-judicial review oflifting the moratorium for a specific project? Deputy Prosecuting Attorney, Paul McIlrath, stated that this determination is not easy to make and he hasn't reviewed the facts of the request. Chairman W ojt explained that this request is being based on the geo-technical survey of the lot prepared by an Engineer hired by the applicant. Barbara Blowers explained that the applicant did have a geo-technical report done for their specific site, as well as a peer review of that report as requested by the County. Commissioner Huntingford reported that he is aware there has been action taken by a previous Board to repeal the moratorium on other lots in this area. Resolution 69-83 includes a provision that will allow specific portions of the restricted area to be excluded from the terms of the resolution provided that a demonstration of slope stability has been provided by a licensed professional. Jim Pearson, Public Works, reported that previous action taken to lift the moratorium on a portion of this area was taken in a public meeting, not a public hearing. Commissioner Harpole questioned how the Board should handle the geo- technical report and the peer review of the report. The peer review raised questions about the report. There is also a letter of support for the request from the County Engineer and a minority opinion from staff questioning that letter of support. There are also five documents questioning the validity of the original report. The Board has discussed going on a site visit to specifically understand the area and contacting the State Board of Technical Registration regarding the conflict between the original geo- technical report and the peer review. Klara Fabry reported that she contacted the Deputy Director of the Registration Board. There has been a recent legislative change regarding complaints. He advised that the County could file a formal complaint with the intent of protecting the public interest. The complaint should address the standard of care. In this case the Registration Board will make a threshold determination of whether these reports meet the standard of care. This process could take from one month to a year and would be at no cost to the County. Commissioner Harpole quoted from the Prosecuting Attorney's letter dated May 16, which says "Any decision to lift the moratorium should therefore include at a minimum the following considerations: 1) a comprehensive analysis of how conditions have changed to allow development to proceed, 2) Appropriate engineering reports to support lifting the moratorium, and 3) releasing indemnification for Page 5 VOL 23: ~r.: 393 - Commissioners Meeting Minutes: Week ofJune 9, 1997 any landowner who seeks development in unstable areas. " Regarding item 1, Commissioner Harpole stated that he hasn't seen anything in the information regarding that specific issue, and on item 2 there are reports that have been called into question by the peer review. Nick Nickum, Attorney representing the applicant, stated that there is disagreement on some issues between the John Scott report and the peer review done by AGI. Both reports unequivocally recommend that the moratorium should be lifted from the upper lots in this area. Mr. Trask is willing to provide more information on the lots in the lower portion. He urged the Board to read the report done by Jones and Scott who are professionals. Mr. Jones was present to answer any questions the Board may have. Barbara Blowers stated that regarding item one in the Prosecuting Attorney's memo, part of the proposal that the geo-technical engineers made was there needs to be drainage to remove the excess water which is the cause of the problem, particularly the sloughing below lots 21 through 35. This change needs to be done to stabilize the area. A drainage plan to address this is part of the plat amendment to be submitted. They are asking for the partial repeal of the moratorium on the upper area so that they can put the drainage system in place to remove the excess water and thus remove the instability factor. Klara Fabry reported that her expertise in geo-technical issues is less than the experience and qualifications of the consultants who wrote the report. She was relying on the recommendation in the consultants report for making her recommendation. Jim Pearson added that in the resolution drafted for the Board's review and consideration, there are a number of conditions that lifting the moratorium for these lots would be contingent upon which directed how the engineers should do their work. The Department feels that the Engineers should be allowed to do the work as they see fit with their profes- sional expertise. Barbara Blowers reported that once the partial repeal is granted for the upper portion (lots 22 to 35), there are further safeguards because within the Critical Areas Ordinance when someone applies for a building permit, they need to have a geo-technical report on that individual lot. Mr. Scott recommended a 100 foot minimum setback from the bluff and a drainage system would be installed between any residence and the bluff Any additional work that is proposed for the lower area along Rickey Beach Road will require an individual geo-technical report with an application for a building permit. Commissioner Huntingford noted that this discussion could go on for a long time. The Board would like a site visit to see the area that is being discussed. The Board doesn't want to be on site with the proponents and opponents. They would like to go with staff to view the site and the present conditions. Mr. Nickum stated that he feels Mr. Trask would be glad to grant permission to the Board to go on his property and he suggested that the County Engineer accompany the Board members. Commissioner Huntingford moved to table this discussion until the Board can make a site visit and to have the County Engineer and the Community Development Director accompany them. Commissioner Harpole seconded the motion. Jeffrey Stewart, DOE Southwest Regional Office, Shorelands and Water Resources Program, reported Page 6 VOL 2~1 ;y~ 394 Commissioners Meeting Minutes: Week of June 9, 1997 that the record on this proposal goes back to 1995 with a request for a bulkhead. The Department of Ecology has significant concerns about that from an environmental standpoint. During their review of the engineering report they found several places where questions remain. The DOE Coastal Erosion Specialist is willing to provide a comparative slide show presentation on landslide hazard areas in other parts ofPuget Sound. Barbara Blowers stated that she feels it would be good for the Board to have Lee Jones and the person who did the AGI peer review accompany the Board on their site visit. Commissioner Huntingford amended his motion to say that additional people as needed may be invited to go on the site visit. Commissioner Harpole seconded the amendment to the motion. Chairman called for a vote on the amended motion. The motion as amended carried by a unanimous vote. Commissioner Harpole advised that he would like the presentation offered by the representative from DOE. Al ScalfwiIl check with the Prosecuting Attorney on the issue of quasi- judicial versus legislative. PUBLIC WORKS BID OPENING re: Painting the Port Townsend Community Center: Loring Bemis opened the bids received on painting the Port Townsend Community Center. 1. 2. 3. BIDDERS Robinson painting, Inc. Jones Painting, Inc. Deamako, Inc. BID AMOUNT $18,332.21 $16,105.00 $36,788.00 Commissioner Harpole moved to have the Public Works Department check the bids for accuracy and make a recommendation for bid award that is to the best advantage of the County. Commissioner Huntingford seconded the motion which carried by a unanimous vote. David Skeen, Prosecuting Attorney re: Proposal to Create Office Supervisor Position in the Prosecuting Attorney's Office: Prosecuting Attorney David Skeen explained that his request is to reclassify a position in his office to an exempt Office Supervisor position. There would be no additional expense for this change due to money left in the budget from employees who have left. He has discussed this request with Bob Braun who agreed that the position would be an exempt position. AIl he is asking is that the Board approve this position in the Prosecuting Attorney's Office and then they would create the job description. There will be no additional staff hired. Commissioner Huntingford asked that David Skeen work with Gary Rowe regarding an analysis of budget impacts. Commissioner Huntingford moved to approve this request contingent on a review and determination of no budget impact. Commissioner Harpole seconded the motion which carried by a unanimous vote. VOL pa~3 i,~r' 395 Commissioners Meeting Minutes: Week of June 9, 1997 HEARING re: Changing the Name of a County Road from Ellie Street to Marrakech Circle; Richard and Joan Nelson, Petitioners: Chairman Wojt opened the hearing on this request to change the name of Ellie Street. Richard Nelson 1319 57th Street, Port Townsend, stated that he owns property and intends to build on Ellie Street. He is the only person with an address on this street and has petitioned to have the name changed. Hearing no comments for or against this name change, the Chairman closed the hearing. Commissioner Harpole asked if there is any problem with changing the name from Street to Circle? Heather Van Etten, Public Works Department, stated that the term "circle" fits in this case because this street is a cul-de-sac. Commissioner Huntingford moved to approve RESOLUTION NO. 70-97 changing the name of Ellie Street to Marrakech Circle as requested. Commissioner Harpole seconded the motion which carried by a unanimous vote. After meeting in executive session with Prosecuting Attorney regarding potential litigation and then with the Public Works Director regarding personnel, the meeting was recessed at the end of the scheduled business and reconvened at 8:00 a.m. on Tuesday, with all three Board members present. The Board met with the Public Services Team at the Health Department Conference Room until 10:30 a.m. and then from 2 - 2:30 p.m. for an Executive Session with Public Works Director regarding personnel. The meeting was recessed on Tuesday at the conclusion of the scheduled business and reconvened on Wednesday afternoon at 2 p.m. for the following meeting. Discussion and Possible Adoption of Land Use Commission Report and Changes to Interim Growth Strategies Ordinance (L G.S. 0.): MEETING POSTPONED at request of the Prosecuting Attorney and the Planning Department. Permission to Hire; Law Firm to do Evaluation of County Permit Process; Driscoll and Hunter: Commissioner Harpole moved to approve hiring and the development of a contract with the Driscoll and Hunter Law Firm to do an evaluation of the County's permit process. Commissioner Huntingford seconded the motion. Commissioner Harpole then amended his motion to include having the Prosecuting Attorney designate these attorneys as Special Deputy Prosecutors. Commissioner Huntingford seconded the amended motion. The Chairman called for a vote on the amended motion. The motion carried by a unanimous vote. Page 8 VOI_ 28 ~,v~ 89B - Commissioners Meeting Minutes: Week of June 9, 1997 The Board attended an "On the Road" meeting in Brinnon on Wednesday evening June 11, 1997. "...,..*-" *- '. . MEETING~~snw~ '~"'" /;;.. (;-:- ~ I \ ;;..~. '/ .,. \ . 'p ;'. -t. /,' , \ " c . t 11/' \ : ~ ~ SEAL: '. ..,oW,: ' ~. . , . ~ II', . .) \ '/1 . ST' "'" ,.' '..../. . . ''<''M Lorna Del;;' CMC ~ Clerk of the Board VOL Page 9 21 i,~:/ 397