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HomeMy WebLinkAboutM040802District No. 1 Commissioner: Dan Titterness District No. 2 Commissioner: Glen Huntingford District No. 3 Commissioner: Richard Wojt County Administrator: David Goldsmith Deputy County Administrator: Gary Rowe Clerk of the Board: Lorna Delaney MINUTES The meeting was called to order by Chairman Richard Wojt, in the presence of Commissioners Dan Titterness and Glen Huntingford. APPROVAL OF MINUTES: Commissioner Huntingford moved to approve the minutes of March 4, 2002 as presented. Commissioner Titterness seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator David Goldsmith reported on the following: * AGREEMENT, Interlocal re: City-County MOU on LAMIRD Boundary Agreement and Appropriate Glen Cove Designation: A draft agreement with the City of Port Townsend dated April 8, 2002 was discussed. The agreement outlines a 2-step process for the Glen Cove area. The first step includes having an outside third party review the proposed changes to the LAMIRD boundary and make a recommendation. If it is acceptable to the third party, the County will go forward with the current proposal. If there are recommended changes, both the City and the County will try to find areas of common ground and go forward. If areas of common ground cannot be found, mediation is the next step. If mediation does not work, then the portions of the agreement that state that the City will not challenge the County's action will be null and void. The second step deals with the larger issue of the future of the Glen Cove area in association with the City limit boundary and includes a joint planning effort between the City and the County for the next 20 years. The document does not address whether the County should adopt an interim ordinance or docket it for the Comprehensive Plan amendment process because it is up to the County to make that decision. Commissioner Titterness stated that the Board gave direction to staff to define a LAMIRD boundary that is legally defensible and staff has done that and he moved to approve this agreement with the City regarding the LAMIRD boundary for Glen Cove. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Page 1 Commissioners Meeting Minutes: Week of April 8, 2002 Sole Source Procurement for Equipment for the E-911 Dispatch System: It appears that the County can upgrade the whole system during the current grant cycle. This upgrade will do a great deal to enhance service capabilities. The grant proposal includes wiring of the existing system and wiring the extensions to the new facility. Budget Deficit: Gary Rowe has been working on the latest figures and they will be available this week. David Goldsmith added that he wants to discuss the Board's expectations for the Budget Retreat next week. PUBLIC COMMENT PERIOD: The following comments were made: the current staffing levels in County government are not sustainable or desirable and no one is doing anything about it; a lot of the budget deficit is the Board's fault for not taking action; there are a group of citizens who are using the Growth Management Act as a weapon to stop any growth; the County should be looking into what the economic impact of the Port Townsend Paper Company Mill is on the community; a letter was read regarding the concerns of the Neighbors Against Asphalt Batching and the site inspection report done by the Director of Community Development, including a request that no action be taken on the current contract until Lakeside is in full compliance; is the County required to get more than one bid for a commodity?; does the County make an effort to shop locally for consultants?; the County and Lakeside are pointing the Neighbors Against Asphalt Batching in a different direction; it is wrong to have an asphalt batch plant in this community; the Lakeside plant is run at night sometimes and it stinks, it is noisy, and it is deadly; this plant needs to be brought into full compliance and the neighbors are demanding a deadline to see that this is done; the County has an opportunity to negotiate with Lakeside by holding up approval of this contract until the plant is brought in full compliance; there is an ethical issue here about the County's responsibility to its citizens; there is a lack of compliance on the part of Lakeside and the Board needs to take this into consideration before they think about approving this contract; this is a real health issue; and the County should set a higher standard for County contracts. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Titterness moved to adopt and approve all of the items on the Consent Agenda as submitted. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. PROCLAMATION re: Proclaiming Week of April 15, 2002 as Telecommunication Week 2. RESOLUTION NO. 23-02 re: Applications for Funding Assistance for Washington Wildlife & Recreation Program (WWRP) Development and Acquisition Projects to Interagency Committee for Outdoor Recreation (IAC) for the Larry Scott Memorial Trail 3. RESOLUTION NO. 24-02 re: Ballot Proposition to the Jefferson County Auditor to Authorize a One-Tenth of One Percent Sales Tax to be Used Solely for the Purpose of Providing Funds for Costs Associated with Financing, Design, Acquisition, Construction, Equipping, Operating, Maintaining, Remodeling, Repairing, Re-equipping and Improvement of the Juvenile Detention Facilities and Jails Page 2 Commissioners Meeting Minutes: Week of April 8, 2002 RESOLUTION NO. 25-02 re: Finding and Determination: Declaration of Surplus County Personal Property and Authorization for Disposal BID CALL re: 2002 Pavement Marking on Various County Roadways; Bids will be Accepted until 10:00 a.m., Monday, April 22, 2002 at the Commissioners' Office and Opened and Read Publicly in the Commissioners Chambers Shortly Thereafter AGREEMENT re: Improvements to Waterlines and Appurtenances in Conjunction with Irondale Road Improvement Project #CR1107; Jefferson County Public Works; Public Utility District (PUD) # 1 Request for Waiver of Transfer Station Tipping Fee for Volunteer Groups Participating in Earth Day Cleanup in April; Jefferson County Health and Human Services Formation of a Seawater Intrusion Focus Group The Board met in EXECUTIVE SESSION from 10:05-11:00 a.m. with the Prosecuting Attorney and the County Administrator regard actual litigation. Bob Hamlin, Emergency Management Coordinator re: Counter-Terrorism Plan: David Goldsmith advised that the County has an adopted Emergency Management Plan and is now required to add a section to address Counter Terrorism. Bob Hamlin, Emergency Management Consultant explained that the issue of this being a public document was discussed and the plan has been developed as a public document. There are 3 points in the plan: 1) It is a stretch to imagine Jefferson County as a terrorist threat, but an impact from an attack on another community would have an impact on this County. 2) Whatever we do to improve emergency management has a dual use. The training on the plan, and the development of the plan is all valuable. 3) In 2003, Homeland Security funding will be made available to the County, and to be eligible for that funding the County must cooperate with other jurisdictions on counter terrorism. This plan is written to take advantage of that funding source. The plan establishes a planning task force (multi jurisdictional) which can apply for the Homeland Security Funding. This group will make recommendations to the Board about the use of the funding. There are 3 sources of funding - health, fire, and Department of Justice. The plan will put the County in a position to qualify for the funding. This is an "all hazards" approach to this planning and is a public health emergency response template. Page 3 Commissioners Meeting Minutes: Week of April 8, 2002 A1 Scalf, Director of Community Development re: Status of Lakeside Asphalt Batch Plant at Cape George: A1 Scalfreported that this is a follow up report after a recent inspection of the Lakeside Asphalt Batch Plant at Cape George. George Peabody is present representing Lakeside Industries and the Neighbors Against Asphalt Batching are also present. This is Complaint Case 01-0027. Al Scalfnoted that a contract with the Public Works Department for asphalt does not come under the purview of DCD and his interest is only in the zoning and compliance to County codes. This operation is classified as a non-conforming use according to the UDC because asphalt batch plants aren't permitted in rural residential zones. Non-conforming uses are grandfathered, which means that if the use is discontinued for two years, the property reverts to the current zoning. Seciton 10 of the UDC governs enforcement and compliance activities. Al Scalf pointed out that Lakeside Industries has shown a good faith effort to comply with any requirements brought forth by the County. One issue that has been raised is compliance with the Fire Code and if the site requires fire flow. Al Scalf explained that the Fire Code is applicable, but fire flow is not required. He reviewed this with several professionals and the Fire Chief for the City of Port Townsend who conducted a fire protection site inspection and did a lengthy report. Commissioner Titterness stated that concerns have been expressed about whether the groundwater monitoring report by Robinson & Noble is accurate. Al Scalf explained that the County used a drastic model for susceptibility based on the Comprehensive Plan adoption and the GMA Mineral Land Designation. The threshold number was 180. In the Robinson & Noble report, the drastic threshold number was 141. A peer review was provided by Jefferson County Environment Health. Larry Fay, Director of Environmental Health, indicated that the Robinson & Noble report was acceptable and advised that if the BMPs are being met, they do not consider the groundwater susceptible. Commissioner Titterness asked if the other environmental health requirements are being met? Al Scalf stated that he had received an e-mail from Larry Fay that a septic system is required on the site. He will talk with Larry Fay about this comment because there are only 1.5 employees at the site and they use a sani-can. Chairman Wojt stated that another on-going environmental question is the impact to health from breathing asphalt fumes? The Olympic Air Pollution Control Authority has issued a report that the site meets safety requirements. Commissioner Huntingford, who serves on the OAPCA Board, reported that they have issued an air operating permit for this asphalt batch plant. However, there is still a nuisance issue, and they don't feel that it is meeting the requirements; but they don't feel there is a significant health risk. Al Scalf explained that OAPCA takes a sample from the smoke stack annually. He explained that during the site inspection, a maintenance crew was on site preparing the plant for operations next week. They have added a filter unit to the oil tank to help contain some of the smell. George Peabody explained this filter unit was added in response to complaints about odors from the site. Page 4 Commissioners Meeting Minutes: Week of April 8, 2002 Commissioner Huntingford asked if the asphalt batch plant is in compliance with the BMPs? A1 Scalf stated that he finds the operation substantially compliant. There are some issues regarding the septic and the noise that he will follow up on. Chairman Wojt asked about the comparison of the BMPs for the Ace Paving operation in Shine and the Lakeside Industries operation at Cape George. Al Scalf advised that similar formats were used. Chairman Wojt asked what "substantial compliance" means? Al Scalf explained that typically over 95% of the requirements have been met. The site is meeting the intent and nearing compliance. There is no business that is in full compliance at all times. Regarding DNR Permits SM2 and SM8, the operator has advised that the encroachment to the buffer will be repaired this week. The DNR is in charge of these permits and the County would like to see them more current, but doesn't have the authority to make them do this. Chairman Wojt noted that a fence on a neighbor's property has been undermined because of the work that has been done too close to the buffer. A representative from Neighbors Against Asphalt Batching stated that he has seen the area and he feels it is a violation of the DNR requirements. Commissioner Huntingford asked staff to do a site inspection of the area. He added that if it is encroachment on adjacent property, this is a civil matter and not an issue for the County. The Board concurred that the County will continue to monitor the operation. Deliberation re: Brinnon Sub Area Plan: Al Scalfreported that he and Associate Planner Josh Peters have put together additional information on the alternatives that will allow the Board to move forward on the Brinnon Sub-area Plan. There are 5 or 6 issues that need to be addressed individually by the Board. Josh Peters reviewed each issue separately. · Home Business/Cottage Industry: The comments by the State Office of Community Development need to be considered including the impact of the environmental review. Staff feels that an FEIS is the most appropriate mechanism for environmental review if the Board accepts the Planning Commission's recommendation on home business and cottage industries. If the proposal is modified, environmental review would be required and an SEIS would be the most appropriate form for that review. Commissioner Titterness asked if a reasonable modification could be done using the Enviro Star model? The Enviro Star model gives "perks" and free advertising from the State to businesses that adopt environment- friendly operations. Al Scalf replied that an environmental threshold determination would be required. David Goldsmith advised that the County still has to look at potential build out. Al Scalfpointed out that typical home business complaints are hours of operation, traffic, and air quality. Josh Peters stated that OCD's comments deal more with concerns about maintaining the rural character and the County needs to define criteria that meets the rural character definition in the GMA. A new permit for a home business may be required if it grows into a cottage industry. The County also needs to place a limit on the number of non-resident employees. Al Scalf advised that currently a home business can have 2 non-resident employees and a cottage industry can have 4 non-resident employees. Commissioner Titterness stated that the Brinnon Sub- Page 5 Commissioners Meeting Minutes: Week of April 8, 2002 area Plan needs to allow double the number of non-residential employees as listed in the Comprehensive Plan criteria. If people want more employees, they will have to go through the conditional use permit process which takes at least 45 days if SEPA is not required. Commissioner Titterness moved to amend the home business/cottage industry criteria for the Brinnon Sub- area Plan to set the limit for non-residential employees at 4 for a home business and 8 for a cottage industry and if additional employees are needed, a conditional use permit will be required. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Exemption from the Restriction of Types of Onsite Retail Sales: A1 Scalf explained that the UDC limits retail sales to those things associated with the home business. Josh Peters clarified that this applies to sales that take place on the property and mail order would not come under this definition. The Board agreed to have staff modify the language in the Brinnon Sub-area Plan to allow for retail sales beyond products produced on the premises or items accessory to a service if those sales do not compete with, or cause the home business to become, a retail outlet type store. Exemption from Specific Hours of Operation: Al Scalf stated that, except for Bed and Breakfasts and licensed daycare facilities, home business hours are limited to 8 a.m. to 8 p.m. on weekdays and 9 a.m. to 6 p.m. on weekend days. The Board agreed to leave the exemption for operating hours because of the nature of the business or the remoteness of the property. Tom McNerney stated that when people read this section, they do not realize that all the other restrictions listed in the Comprehensive Plan still apply and he suggested that this needs to be noted in the document. Cottage Industry Exemption from Limitations on Parking, and Use and Storage of Heavy Equipment and Materials: The Board concurred with this exemption and asked that it be noted that all other restrictions listed in the Comprehensive Plan still apply. Cottage Industry Exemption from Prohibitions on Auto, Truck, or Heavy Equipment Repair Shops, Auto Body Repair or Paint Shops, and Large Scale Furniture Stripping: All of these businesses are prohibited as conditional uses in the Comprehensive Plan. They are exempt in the Westend because of the remote area. All cottage industries require a conditional use permit. These businesses would be allowed in the Brinnon Sub-area Plan for the same reason they are allowed in the Westend. Home Business/Cottage Industry Exemption from Moving to a Commercial Area as the Result of Growth: A home business shall be allowed to grow into a cottage industry with a revised permit and cottage industries shall be allowed to expand with a revised conditional use permit. Home Businesses/Cottage Industries May be Permitted Conditionally at Non-Residential Locations: Al Scalf explained that a home business is subordinate to the principal use of residential. David Goldsmith cautioned that this could undermine the integrity of a designated commercial/industrial area and would not be consistent with GMA. Commissioner Titterness stated that the conditional use permit process would still be required and this would only apply to the Brinnon area. David Alvarez read the statute regarding LAMIRDs: The intensification of development on lots containing isolated non-residential uses or new development of isolated cottage industries and isolated small scale businesses that are not principally designed to serve the existing projected rural population and not residential uses; but do provide job opportunities for rural residents. Public services and public facilities shall be limited to those necessary to serve the isolated, non-residential use and shall be provided in a manner that does not permit low density sprawl. This means that cottage industries can locate on vacant land and the owner isn't required to have a residence there. David Goldsmith Page 6 Commissioners Meeting Minutes: Week of April 8, 2002 suggested referencing the RCW in the language that would permit cottage industries on vacant land in Brinnon. The Board agreed. Exemptions which Prohibit Uses that May be Disruptive to the Use and Enjoyment of Adjacent Properties: A1 Scalf explained that prohibited uses include activities that cause excessive noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the property. Any Hearing Examiner hearings on these complaints will take place in Brinnon. The Board concurred. An additional home business or cottage industry or combination shall be permitted on a single property in the Brinnon Rural Residential Area as long as the standards in the sub-area plan for home business and cottage industry are not exceeded and the criteria regarding disruption to neighbors are met. Any Hearing Examiner hearings on these complaints will take place in Brinnon. The Board concurred. Any open record hearing by the Hearing Examiner would be held in Brinnon. The Board agreed. Al Scalfpointed out the proposed Brinnon Rural Village Center on a map of the area. The proposed 17 acre light industrial zone is part of the Rural Village Center. The gravel pit is included in the light industrial zone. Josh Peters noted that in the analysis there is an addition of 37 acres which does not include the light industrial zone. David Alvarez stated that they will need proof from an aerial photo or the Assessor to substantiate the built environment in 1990. Linda Tudor, Chair of the Brinnon Sub-area Planning Committee advised that the logical boundary is water; from river to road to water with the exception of wetlands and State Park. There was continued discussion about the logical boundary. Al Scalf said staff will do more research and get back to the Board for a decision. David Goldsmith suggested that it would be important to note in the policies that mixed use development and development of additional infrastructure is necessary to serve both residents and industry. The area is the community's center (or rural hamlet) and not just a location for commercial/industrial expansion as a LAMIRD implies. Linda Tudor added that they included as much flat land as possible because they would like to see an assisted living facility in that area in the future. David Alvarez asked if the proposal will upzone the properties in this area? Al $calf replied that the land would become rural commercial rather than rural residential. David Goldsmith explained that the goal is to preserve the rural hamlet and allow it to grow through mixed use infill, including residential and commercial uses. David Alvarez asked how much of the additional acreage is vacant land? Linda Tudor answered that it is approximately 6 acres. Al Scalf asked about the light industrial area and if there was a built environment in 1990? Linda Tudor stated that there was a sawmill there. Josh Peters pointed out that the map and text do not agree on the light industrial area and this will have to be clarified. Page 7 Commissioners Meeting Minutes: Week of April 8, 2002 The discussion turned to the Wa Wa Point area as a small scale recreation and tourist overlay designation. Identifying this area as an SRT overlay area would allow for a different permitting process than is applied elsewhere in the County. It meets the built environment and logical boundaries. There are some neighbors in that area that are opposed to this designation. Chairman Wojt asked how the process for this new designation is different? Josh Peters replied that if Cove RV Park wanted to expand their use, they would have to go through the conditional use permit process, but would be exempt from minimum lot size requirements which would make it easier to utilize the available property and different setbacks and development standards would apply. Linda Tudor added that the advantage of a permitted use over a conditional use is important when applying for financing for a business in South County. WaWa Point already has existing support services for small scale recreation and tourist businesses. It is also a safe place to pull motor homes off because of the frontage road. Chairman Wojt pointed out that including the property in between Cove RV Park and Yelviks in this designation concerns him. It seems like a hard sell that could cause the Brinnon Sub-area Plan to fail. Josh Peters advised that the SRT overlay designation is less than 1/3 of the Yelvik property and 2/3 of the property would remain in the rural residential designation. Commissioner Huntingford stated that the same development would probably take place in the future with or without the conditional use permit process. The Board needs to support the community to show that they want to see it grow and prosper. Commissioner Titterness moved to accept the current proposal for WaWa Point as an SRT overlay designation. Commissioner Huntingford seconded the motion. The Chair called for a vote on the motion. Commissioner Titterness and Commissioner Huntingford voted for the motion. Chairman Wojt voted against the motion. The motion carried. Josh Peters asked if the Board wants staff to docket the SRT overlay as a Comprehensive Plan Amendment? Currently the Comprehensive Plan does not have a Small Scale Recreation and Tourist overlay designation. The Board agreed that the Comprehensive Plan needs to be consistent. A1 Scalf gave the Board a map that indicated the boundary of the Black Point Master Planned Resort (MPR.) Josh Peters explained that if the current proposal is accepted, an SETS would be required. The SETS would be at the programatic level and it is probable that the adequacy would be questioned. The water in the area is a key issue. The estimated cost to do an SETS is $25,000 - $100,000 if it is contracted out to a third party. If staff does the work, they would need a third party review that would cost approximately $10,000. Staff suggested taking the map, some policies, and the recommendation out of the Sub-area Plan and noting that an MPR in this area might be appropriate. This would take away the burden of environmental review. The attorneys representing Black Point Properties and the Chair of the Brinnon Sub-area Planning Committee do not agree with this suggestion. Page 8 Commissioners Meeting Minutes: Week of April 8, 2002 Chairman Wojt pointed out that if the Sub-area Plan shows Black Point as an MPR, the burden of the SETS is on the County, not on the developer. David Goldsmith added that there is a way of directing MPR development to that location without saying that this will be the MPR location in Brinnon. Linda Tudor explained that usually an MPR is done by one developer. In this case, there are 7 different property owners, including the State, involved in this area who can enhance their properties to create a resort area. The community wants to be assured of size and functionality. Josh Peters stated that DCD would like to have the 7 owners make a joint application. Chairman Wojt asked if the MPR was not in the Plan, what mechanism would the 7 property owners have to develop their property? Josh Peters replied that they would not be able to do what is conceptually proposed in the sub-area plan. There are conditional use permits for a restaurant and office buildings on 2 of the properties already. The NACO property could be replatted into cluster housing with the golf course as the open space. There is an application for boat ramp work also. This would not be a collective effort. Commissioner Titterness stated that it makes more sense to him to address the larger impact in one SETS rather than the cumulative effects from a lot of smaller projects. David Goldsmith added that an SETS will be required on the Brinnon Sub-area Plan, but the degree of rigor is the difference. Commissioner Titterness questioned whether the map, which is very specific about the uses on the properties in the MPR, should be removed? David Goldsmith stated that some of the language is too specific also. Linda Tudor agreed that the specifics could be removed, but she also stated that it would be much more difficult for the property owners to develop and get financing without that MPR designation. Commissioner Titterness moved to direct staff to remove the site specific recommendations for Black Point and to draw a boundary that mentions potential uses without identifying them the map. Commissioner Huntingford seconded the motion. The Chair called for a vote on the motion. Commissioner Huntingford and Commissioner Titterness voted for the motion. Chairman Wojt abstained. The motion carried. Commissioner Titterness mentioned that in the Brinnon Sub-area Plan, there is language that states "Jefferson County will..." and "Jefferson County shall..." He asked staff to review this language and make sure that these are commitments that the County can undertake. He asked staff to give any concerns they have to David Goldsmith for him to review. A1 Scalf stated that staff will make the changes discussed and bring a final draft back to the Board for review. After they have the Board's approval, they will begin the environmental review. It will also be docketed in the Comprehensive Plan Amendment Process. AGREEMENT re: Supply of Asphalt Concrete for 2002 Maintenance Projects on Various County Roadways; Jefferson County Public Worlds; Lal~eside Industries: Commissioner Huntingford moved to approve the contract for asphalt. Commissioner Titterness seconded the motion which carried by a unanimous vote. Page 9 Commissioners Meeting Minutes: Week of April 8, 2002 Letter to County Employees re: 2002 Budget Status: David Goldsmith presented a letter to the Board for their signature. It concerns the budget issues facing the County. The Board concurred with the letter. MEETING ADJOURNED SEAL: ,' . ATTEST: Loma Delaney, CMC Clerk of the Board J~O_UNTY Richard Wojt, Chair Dan Titterness, Member Page 10