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HomeMy WebLinkAboutM031196 ./ It ~; II~ç Q ~lilmÞ~ ~ø_~ J~. :Iill.I1 I~.~~~.I.IIII.~~ ........ ............".""........ ....... .. .... ....... ......'."""'....... ........... ......... !_~tl .... ..~lllllli~i........ MINUTES WEEK OF MARCH 11, 1996 Chairman Richard Wojt called the meeting to order at the appointed time. Commissioner Robert Hinton and Commissioner Glen Huntingford were both present. COMMISSIONERS' BRIEFING SESSION APPROVAL OF THE MINUTES: Commissioner Hinton moved to approve the February 20 minutes as read, the February 26 as corrected (last paragraph, Page 6, Commissioner Hinton was not present at the meeting with the Point No Point Treaty Council) and March 4, 1996 as corrected (Paragraph after Falcone Agreement, Page 3 -- The Board did not have an Executive Session before the 2:00 p.m. Hearing; Last sentence, Page 4 - Add Revision #2 after "Subdivision Ordinance; Finding 16 and Finding 20, Page 5 should both refer to Commissioner Hinton, not Huntingford) Commissioner Huntingford seconded the motion which carried by a unanimous vote. Application for Assistance from the Veterans Relief Fund: Commissioner Huntingford moved to approve the application for veterans relief funds from Service Officers Association in the amount of $75.00. Commissioner Hinton seconded the motion which carried by a unanimous vote. Reappointment to the Ferry Advisory Committee: Commissioner Huntingford moved to reappoint Theodore A. Rogers to another term on the Ferry Advisory Committee. His new term will expire December 14, 1999. Commissioner Hinton seconded the motion which carried by a unanimous vote. PUBLIC SERVICES BRIEFING: Public Services Director Gary Rowe reported: II. The April 15 date to have the draft Comprehensive Plan available for release to the public may be hard to meet. Page 1 1/01- " .". 68'" /,', !.~,' .1 Commissioner Meeting Minutes: Week of March 11, 1996 II. At the meeting last Friday in the Tri Area, it was explained that the Tri Area is designated as a Rural Center on an interim basis. Work is being done to designate the Tri Area as an Urban Growth Area with the fmal adoption of the Comprehensive Plan. The earliest this work could be fmished for the designation as an Urban Growth Area is early fall. Gary Rowe asked the Board if they want staff to do this work? Commissioner Hinton stated that he doesn't feel the Comprehensive Plan process can be delayed. If there is staff time available to do the UGA work and still meet the schedule for adoption of the Comprehensive Plan, that would be fme. Gary Rowe added that he and AI Scalf will be working on fmalizing the adoption schedule for the Comprehensive Plan. The discussion then turned to the community meetings, direction from the Board regarding the expectation on what will be in the Comprehensive Plan and how that will include what is in the Community Plans. The Fire Code Advisory Committee is working with the WUCC and Marc Horton on drafting an ordinance to defme the duties of the County Fire Marshall. David Goldsmith is working on the ALS (Advanced Life Support) request from the EMS Council and should have a proposal to the Board in April. The Storm Water Ordinance has been reviewed by the Prosecuting Attorney and the Storm Water Advisory Committee and will be brought back to the Board sometime in April for another public hearing. II. II. II. II. PUBLIC COMMENT PERIOD: The following items were discussed: The Quilcene Community Plan; the Planning Commission's last meeting; a request that fmal adoption of the Emergency Density Ordinance be put off until after all of the community meetings are held; the Community Planning process and the Community Plans being integrated into the Comprehensive Plan; the Tri Area meeting on Friday; the need for the County to stick to the time frames they establish for review and adoption of ordinances; when an emergency ordinance is adopted with a specific time frame for comments, the Board shouldn't change that emergency ordinance until after the comment period; and the Planning Commission review of the Emergency Density Ordinance. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Huntingford moved to delete items 1 and 4 and to approve and adopt the balance of the consent agenda as presented. Commissioner Hinton seconded the motion which carried by a unanimous vote. I. DELETE Resolution re: The Statutory Vacation of a Portion of Belle Street, Jensen Street, Maple Street and Elm Street, All in the Plat of Captain Tibbals Lake Park (See item later in Minutes.) RESOLUTION NO. 23-96 re: The Statutory Vacation of a Portion of Eisenbeis Avenue in the Plat of Eisenbeis Bay View Addition RESOLUTION NO. 24-96 re: Establishing the Name For a Private Road; D. Olin Road DELETE Agreement re: Temporary Help; Construction Inspection through May 20, 1996; Public Works Department; Richard D. Burnham AGREEMENT, Amendment re: Professional Services; Updating Statement of Work to Reflect Current Assignments and Increase Compensation; Jefferson County Health and Human Services; Kim Wheeler AGREEMENT re: Providing Community Access Services for Developmentally Disabled Individuals; Jefferson County Health and Human Services; Concerned Citizens of Forks 2. 3. 4. 5. 6. Page 2 VOL 22 rAr;:687 Commissioner Meeting Minutes: Week of March 11, 1996 THE CONSENT AGENDA - Continued 7. HEARING NOTICE re: Proposed Amendment to the Jefferson County Animal Responsibility Ordinance No. 4-84, Section 46; Hearing set for Monday, March 25, 1996 at 11:00 a.m. HEARING NOTICE re: Emergency Interim Land Use Control Ordinance No. 05-0214-96; Hearing set for Monday, March 25, 1996 at 2:00 p.m. CALL FOR BIDS re: Equipment Rental for Upper Hoh Road Project #XO 1244; Bid Opening, Monday, March 18, 1996 at 11:15 a.m. 10. Approval of Public Works Organizational Chart 11. Request for Grant AIlocation Funding, $3,333 for 1995 and $3,333 for 1996 ($6,666); Improvement Projects to the Port Townsend Little League Fields at the Jefferson County Fairgrounds; Port Townsend Little League Board of Directors 12. Request for Full Reconveyance; Repayment of Housing Rehabilitation Loan; Samuel A. and Eleanor F. McClure 13. Letter to Eric Berger, P.E., Director County Road Administration Board re: Withdrawal of Projects from the Rural Arterial Program 14. Letter to Craig Mar Chun, State Department of Community, Trade and Economic Development re: Haines Street Cottage Emergency Shelter Project 8. 9. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS DEPARTMENT Department Briefing: Public Works Director Klara Fabry reported on the following: . She has reached agreement with the State Department of Fish and Wildlife that they will accept the approach of using existing debris, whenever possible, in the water channel for any new project. Friday there will be a follow up meeting with the County Road Administration Board (CRAB) and the State Department of Fish and Wildlife to develop and fmalize a Memorandum of Understanding on how emergency situations will be handled. The Public Works Department is working on better coordination and collaboration with the Sheriff s Department. The Civil Deputy will attend the Public Works Department staff meetings to start a two way communication on any issue which will effect public safety on County Roads. A request has been made that the Public Works Director attend the City Water Advisory Committee meeting. The Board agreed that the Public Works Director attend these meetings. There is currently a high RAP (Rural Arterial Program) Fund balance at the State level. They have proposed additional RAP Fund Projects in 1996 and 1997. A process will be developed for County application for these additional funds. There was no funding allocated for the Little Qui1cene Flood Project. The Public Works Department is working with the Flood Board to fmd funding sources. The work will begin this week on the Quinault South Shore Road bank stabilization project and the Oil City Road project. There will be no cost to the County on these projects . . . . . . The Statutory Vacation of a Portion of Belle Street, Jensen Street, Maple Street and Elm Street, All in the Plat of Captain Tibbals Lake Park: Public Works Administrative Secretary Terry Duff reported that this road vacation was applied Page 3 VOL 22 rACç 688 Commissioner Meeting Minutes: Week of March 11, 1996 for when the County allowed Statutory road vacations without a public hearing. The streets in question are within a statutorily vacated plat. There were questions from adjacent property owners about access to their property and about utilities placed in the right-of-way. The Prosecuting Attorney advised (see memo) that these matters are legal matters that should be worked out between the private property owners. Commissioner Huntingford asked if the Board can address the questions raised by the private property owners or if they should wait until the property owners work out the problems and then take action on this vacation request? Public Works Director Klara Fabry stated that based on the advice of the Prosecuting Attorney the issues raised by the adjacent property owners are legal issues between them, she supports the Board taking action on this statutory vacation request. Chainnan Wojt stated that it is his understanding that in the case of a statutorily vacated right of way, the County no longer has any legal interest in the property (per RCW.) Commissioner Hinton stated that RCW 36.87.090 states that roads that remain unopened for five years are vacated except if they are in a plat. In this case these rights of way were dedicated in perpetuity, and he questioned if that dedication can go away. There is case law regarding this issue which he would like to have the Prosecuting Attorney review before the Board makes a decision on this statutory vacation. He then asked if Elm Street is a City Street or a County road? Bob Henderson, Public Works, reported that the eastern boundary of Elm Street is the City boundary and Elm Street is in the County. Commissioner Hinton asked that the Public Works Department check into this further to make sure that Elm Street is within the County. He also asked that a meeting be set up with the Prosecuting Attorney next Monday afternoon. Public Works Department Development Review Fees: Klara Fabry, Public Works Director, submitted and reviewed a breakdown of the fees currently being charged, the original fee increase request, and the revised fee increase request. The newly proposed fees represent a 49% increase over the current fees, while the original fee increase proposal was an 88% increase. Klara Fabry noted that she discussed this change with the Prosecuting Attorney and when he had a chance to review the legal requirements, he advised the Clerk of the Board that the change is substantial enough to require another public hearing. Commissioner Hinton moved to set a public hearing for the proposed changes to the Public Works Department Development Review fees schedule for March 25, 1996 at 1:30 p.m. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Recommendation for Bid Award: Providing Materials for Upper Hoh Road Washout, County Project #XO1244 Public Works Development Review Transportation Manager, Bruce Laurie, reported that the Public Works staff reviewed the bids and recommends the bid be awarded to Seton Construction of Port Townsend. Commissioner Huntingford moved to approve RESOLUTION NO. 25-96 to award the bid for providing materials for the Upper Hoh Road Washout (Project #XOI244) to Seton Construction. Commissioner Hinton seconded the motion which carried by a unanimous vote. Page 4 ~IJL 22 r~(,~ 68g Commissioner Meeting Minutes: Week of March 11, 1996 HEARING re: Proposed Ordinance Amending t~erson County Code Enacting the Regulatory Reform Act, Chapter 36.70B RCW: Senior Planner Roger Blaylock reported that this ordinance is required by State law. He explained that the Planning Commission has reviewed the proposed ordinance and recommends approval with some changes suggested by staff (see letter from Planning Commission.) He requested that written testimony be taken on this proposed ordinance until March 20, 1996. The State Department of Transportation has responded that they have no comment on the draft ordinance. Irv Berteig, Jefferson County Hearing Examiner has submitted specific comments on the draft also (see attached copy) and the Planning Department staff will be reviewing them for possible changes to the ordinance. The Planning Staff is suggesting modifications to the proposed ordinance: A series of Pre-application Conferences are being added (land use, temporary uses, home businesses, subdivisions and mobile home parks); the preliminary plans must be submitted in an engineers scale for consistency; complete application forms and Critical Review Checklists are required for all applications; landscape plans will be required or optional in some instances; soil logs will be required; and variance requests will be submitted with the application. He presented a copy of the draft ordinance with highlights of some minor changes (typographical errors) that will be made. The requirements for incomplete and complete applications was then reviewed by Roger Blaylock. When incomplete information is submitted the applicant is advised, in writing, and has 90 days to submit the requested information. If the information is not received or the applicant refuses to submit it, the application becomes null and void. A partial refund could be requested under these circumstances. Monica MacGuire, Permit Coordinator, reported that the Planning Commission was adamant that they did not want to require, as part of a complete application, any geotechnical studies, or engineering. She explained that after an application is determined to be complete, there are provisions for the County to grant an extension of time for completion based on personal or business reasons. Roger Blaylock reported that one of the objectives of this ordinance is to be able to make a fmal determination on an application within one year. Commissioner Hinton asked the time frame for pre-application meetings? Monica Mac Guire reported that pre-application conferences are scheduled within 2 weeks of the fIrst contact. Commissioner Hinton asked what the overall effect on staff time will be from the implementation of this ordinance? Monica Mac Guire reported that there will be an increase in the staff time utilized for the pre-application conference. This staff time will include Public Works and Health Department staff. There is a proposal to have a design review committee of staff from the Public Works, Health and Permit Center to review complicated projects. The discussion continued regarding the effects of the implementation of this ordinance. Roger Blaylock noted that another area of concern is what is the defInition of a uminor adjustment" and what is a "substantial adjustment" to an application. Some communities have defmed those terms to say that any change over 10% is substantial. The State guidelines don't suggest anything. The Shoreline Management policy suggests that anything over 10% is appropriate as a substantial change. The staff is going to research this further before making any specific change to the draft ordinance. A section has been included in this draft ordinance regarding vesting of an application. The Prosecuting Attorney will be asked to review that section closely. Page 5 VOL 22 rMJ69Q Commissioner Meeting Minutes: Week of March 11, 1996 Chairman Wojt asked if boundary line adjustments have been addressed? Monica MacGuire reported that this was addressed in the draft changes to the Subdivision Ordinance. The Subdivision Ordinance amendments have gone through public hearing, but there are some substantial changes suggested to it, so that will require another hearing. Monica MacGuire reported that the Permit Center will be keeping a docket of the of comments received from the public for changes to the ordinance. The chairman opened the public hearing. Steve ~en. representing t1K.QJympic Environmental Council, stated that there needs to be more consistency in the ordinance with the use of the term "party of record" as identified on page 6 and page 38. He likes the defInition on page 38 better. He also suggested that all of the comment periods be made consistent in length of time. There are different lengths of comment periods for different types of applications. If comments come in after the date for submission, he suggested, that the wording be added to explain that the comment would not be included in the staff report, but would be part of the public hearing record. Hearing no other public comment, the Chairman closed the public hearing. Commissioner Hinton moved to extend the period for written comment on this proposed ordinance to March 20, 1996 at 5 p.m. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Preliminary Plat Approval, Port Ludlow Division 7. SU}l95-0002: Divide Approximately 46 Acres into 22 Single-Family Lots. with 17.1 Acres as Common Open Space and 9.3 Acres Reserved....fur.Future ~ L t d in h North Ba ommunit f Por Ludlow' Po e Resources A licant: Assistant Planner Jerry Smith reported that 2 weeks ago the Board continued their review of the Hearing Examiner recommendation until today to allow the applicant to work with the State Department of Wildlife on an Osprey plan for the project site. The Department of Wildlife and Pope Resources have worked out an agreement and Pope Resources can accept the SEP A mitigation. Jon Rose, Pope Resources, reported that he met with Tim Rymer last week to work with the State Department of Fish and Wildlife to determine where the bird was located and what impacts that would have on this project. During their visit on the site it was found that the bird is not located on this project at all, but is on an adjacent parcel of property. There will be a management plan worked out to cover any potential impacts. Commissioner Hinton moved to issue preliminary plat approval and variance approval as recommended by the Hearing Examiner, subject to the conditions suggested. Commissioner Huntingford seconded the motion. Chainnan Wojt asked if the Port Ludlow Development EIS condition for the water system plan applies to this project? Jon Rose stated that is correct. Pope Resources just got approval of the water system plan which includes this project. Mr. Roates stated that he will make sure that information on the number of taps that are allocated be forwarded to the Permit Center. The Chainnan called for a vote on the motion. The motion carried by a unanimous vote. Page 6 ~QL 2 2 r~U 691 Commissioner Meeting Minutes: Week of March 11, 1996 The Board met in EXECUTIVE SESSION with the Public Works Director regarding a personnel matter from 3:00 to 3:30 p.m. Letter re: Urging the Governor to Sign SSB6637: Commissioner Huntingford moved to sign a letter to the Governor urging him to sign SSB6637 into law. Commissioner Hinton seconded the motion which carried by a unanimous vote. Richard Short re: Request for Waiver of Appeal Fee; Conditions of Sign Permit: Roger Blaylock stated that Mr. Short is requesting a waiver of the appeal fee for a sign permit. He then reviewed the County's policy for waiving fees which includes the following criteria: 1. Substantial public benefit of the project or activity. 2. Any and all similar requests will receive the same approval regardless of who is requesting the fee waiver. Mr. Short explained that he isn't paying his $200 because the person he was dealing with in the Planning Department didn't follow through with what they said they would do. Roger Blaylock pointed out that it may be in the public interest to waive the fee for the appeal because if the appeal isn't filed, the matter will be turned over to the Prosecuting Attorney's Office to process as a violation. The applicant could have initially applied for a variance and gone through that process, but he did not. Commissioner Hinton asked about the legislation that Mr. Short referred to in his request letter? Mr. Short stated that he will have to contact a Church organization he knows about to represent him in a Constitutional issue like this. He doesn't feel it is constitutional for the County to take a buffer zone on his property. Commissioner Hinton moved to deny the waiver of the appeal fee and defer any prosecution on this matter for 45 days. Commissioner Huntingford seconded the motion. Chairman Wojt called for a vote on the motion which carried by a unanimous vote. MEETING ADJOURNED .. ,,: .. . .' Lorna Delaney, CMC Clerk of the Board Page 7 'lnL 22 r~r.: 692