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HomeMy WebLinkAboutM062695 .. MINUTES WEEK OF JUNE 26, 1995 The meeting was called to order by Chairman Glen Huntingford in the presence of Commissioner Robert Hinton and Commissioner Richard W ojt. Discussion re: Payment of Employee Benefit Costs for Superior Court .Tud~e: Commissioner Huntingford stated that this issue was discussed at Washington State Association of Counties conference. Several counties are refusing to pay the additional benefit costs. After a brief discussion, the Board concurred that further research should be done before a decision is made. Letter to Wasbini:ton State Ferries re: Port Townsend-Keystone Run: Commissioner Hinton explained that one of the ferries on the Port Townsend-Keystone run has been transferred to the Sydney-Anacortes run for the summer. This decision has had an adverse economic impact on the tourism business in Jefferson County and Port Townsend. Commissioner Hinton moved to send a letter to Washington State Ferries requesting that they reconsider this decision. Commissioner W ojt seconded the motion which carried by a unanimous vote. GMA Update: Public Services Director Gary Rowe reported that a public hearing on the Agriculture and Mineral Lands ordinances is scheduled on the agenda today. This week the Board will have an "On The Road" meeting on the draft Comprehensive Plan at the Presbyterian Church in Quilcene. The Planning Commission will meet to work on the subdivision ordinance. There was a discussion about the various committees reviewing water issues in the County. It was decided that a discussion regarding an overall direction on water issues be scheduled on the Commissioners' agenda on July 10, 1995 from 2 p.m. to 4 p.m. There was also a discussion about the Tri Area Community Plan and the urban growth area designation issue. Notification regarding community planning meetings was also discussed. Gary Rowe stated that at the next Second Tuesday meeting, Staff will remind the community planning committee members to notify the County of any meetings and to advertise in the newspaper. VOL 21 rAG~876 Commissioners' Meeting Minutes: Week of June 26, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PUBLIC COMl\1ENT PERIOD: Comments were made on the following: the shoreline development permit process on the Big Quilcene remediation project, the BMPs for saltwater intrusion in the amendments to the CARA Ordinance, and the restoration work on the north bank of the Big Quilcene River. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Hinton moved to approve and adopt the Consent Agenda as submitted. Commissioner W ojt seconded the motion which carried by a unanimous vote. 1. 2. 3. 4. 5. 6. 7. 8. RESOLUTION NO.52-95 and Three (3) Pre-applications for Project Assistance re: Prioritization of Projects for Jefferson County to Washington Community Economic Revitalization Team (W A-CERT) Request for Payment of Third Quarter Allocation, $1,545; Brinnon Senior Center Claim for Refund of Excise Taxes Paid on Fuel Used Exclusively for County Business; Jefferson County Public Works AGREEMENT (GRANT NO. G9500306) re: Emergency Maintenance of Flood Control Facilities; Big Quilcene River Flood Hazard Study; Washington State Department of Ecology AGREEMENT, Supplemental No.1 re: Engineering Services for County Road Projects, #CRll07, Irondale Road and #CRllI6, 7th Avenue; Parametrix, Inc. ORDINANCE NO.12-0626-95 re: Establishing a "NO SHOOTING" Area in the Vicinity of Kala Point CONTRACT re: Primary Dental Care Program; July 1, 1995 through June 30, 1996; State Health Care Authority CONTRACT re: Basic Interagency; Washington State Department of Social and Health Services (DSHS) BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND PERMIT CENTER CONTINUATION OF HEARING re: Appeal of Final Miti2ated Determination of Non-Si2nificance: Knutson Short Plat. #SP-12-93: Located at Tala Point, Port Ludlow: Robert and Marilyn Knutson, Appellant (Continued from .Tune 6, 1995): Associate Planner Jerry Smith reported that he received a fax from the appellants requesting an additional postponement of the hearing in order to finish the eagle management plan process. Commissioner Hinton moved to continue the hearing to Tuesday, July 25, 1995 at 10:30 a.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. Conditional Use Permit. ZON95-0002: The Garden Nursery: Located at 321 Four Corners Road: Patti Kretzmeirer and Gary Rohde: Associate Planner Jerry Smith reported that the Hearing Examiner has recommended approval of this permit and all the conditions have been met. Commissioner Hinton moved to approve the recommendation of the Hearings Examiner regarding Conditional Use Permit ZON95-0002. Commissioner Wojt seconded the motion which carried by a unanimous vote. Shoreline Development Permit Application, SDP95-0002: Bil: Quilcene River Remediation: Washinl:ton State Department of Fish and Wildlife, Applicant: Associate Planner Jim Pearson explained that this proposal is to enhance salmon spawning habitat and mitigate flood impacts on the Big Quilcene River by removing dikes along the north bank of the lower region of the river. Removal of the dikes would allow flood waters to overflow the top of the river banks and flow out on the flood plain. This would lower the velocity of flood waters at the mouth of the river, help prevent log and debris jams upstream and allow VOL 21 'rAr;~877 .....2;......... ....... ....... ....... ....... ........ ....... .......... ....... .......... ....... .......... ........ .......... ........ .......... ......... .......... . ....... ........... ........ ..;::l¡¡¡~¡~¡~¡¡[¡¡~¡¡¡¡¡¡¡¡¡¡¡rt~Ir¡¡¡~¡ Commissioners' Meeting Minutes: Week of June 26, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . deposition of bedload into the flood plain. The proposal also includes a temporary road to the site to haul out the material. The application includes a preliminary grading plan, a temporary erosion sediment control plan and a habitat management plan. Staff requested additional information from the applicant regarding wetlands, critical fish and wildlife habitat and frequently flooded areas. These issues are addressed in the Jefferson County Critical Areas Ordinance. Jim Pearson stated that if the Board accepts the findings as written, they will, in essence, be acknowledging that the project is in compliance with SEP A and the Critical Areas Ordinance. Commissioner W ojt stated residents along the river are concerned where the bedload will be deposited when the velocity of the river at the mouth slows down. He asked Engineering Technician Al Scalf if this was addressed in the feasibility study? Al Scalf said that the final feasibility study has not been received. He suggested that bedload management be included as a condition of the permit. John Conklin of the Department of Fish and Wildlife added that gravel management would need to be done for flood control reduction and for protection of the Chum habitat. There is a public meeting in Qui1cene on Wednesday night to review the feasibility study. Camille Bennett of the State Department of Fish and Wildlife and Washington Wildlife Heritage Foundation stated that she is a zoologist who specializes in river studies. She said that currently the Big Qui1cene River flood waters are slowing down by jumping the banks upstream near the Linger Longer Bridge and the Rogers Street Bridge. She feels that the current flooding situation is detrimental to private property and the enhancement project would decrease the threat of property damage upstream. Commissioner Huntingford asked if continued maintenance on the lower reaches of the river was addressed in the proposal? Jim Pearson stated that his understanding was that when the dikes are removed, the river will resume a more normal fluctuation and would create natural channels. Jim Pearson stated that the Public Works Department is concerned about the clarity of property lines and they are requesting that the applicant do a formal survey. In addition, the grading plan and temporary erosion sedimentation control plan have not been reviewed and approved by Public Works. Dan Newman, adjacent property owner, stated that he is concerned about the eel grass that will be destroyed when the fresh water spreads out at the mouth of the river. This is currently wildlife habitat for Trumpeter Swans, geese and ducks. Lorna Ward, member of the Qui1cene Flood Control Advisory Board, requested that the Board put the project on hold until the newly formed advisory board can do some research on the many unanswered questions. She has concerns about whether the work at the mouth of the river will effect the debris floating down from upstream above the bridges. Mari Phillips, who is also a member of the Qui1cene Flood Control Advisory Board, read her comments into the record. (See attached microfilm record.) She is concerned about spending Jefferson County taxpayers money on the project. She feels that the health and safety issues of the residents in the river corridor are not being addressed. Her main concern is the total lack of flood management and the migration of the gravel upstream. She is requesting a one year postponement of the project so that a more comprehensive plan can be prepared. Commissioner W ojt stated that he is in favor of approving the permit if certain conditions are met before work is begun. These conditions would include approval of the final grading plan and erosion sedimentation control plan by the Public Works Department and a formal survey of the property by the applicant. Commissioner Hinton stated that there are too many unanswered questions regarding the proposal. He is not comfortable about approving the permit without the feasibility study. Commissioner Huntingford explained that the Conservation District has been dealing with flooding on the Big Qui1cene River for six years. He added that the permitting process is getting more difficult each year. He feels the removal of the dike will improve the situation on the river, but the other issues that have been raised need to be addressed also. Commissioner Hinton moved to defer consideration of the Shoreline Permit VOL 21 rAc,878 ·····1·..······ ....... ....... ....... ....... ........ ....... .......... ....... ......... ........ ......... ........ .......... ....... ........... ........ ............ ....... ........... ........ .......... ........ ..::;:{rrrrrtr11Irrr Commissioners' Meeting Minutes: Week of June 26,. 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . #SDP 95-0002 until the feasibility study is received and reviewed. Commissioner W ojt seconded the motion which carried by a unanimous vote. HEARING re: Proposed Amendment to Jefferson County Camping and Park Lands Ordinance No. 3-83: Restricting the Use of Fireworks in Jefferson County Camping and Park Lands: Program Manager Warren Steurer reported that this is a recommendation from the Parks Staff and the Parks Advisory Board. Chairman Huntingford opened the hearing. Hearing no comments for or against the proposed amendment, the public hearing was closed. Commissioner W ojt moved to approve Ordinance No. 13-0626-95 amending Ordinance No. 3-83 to restrict the use of fireworks in Jefferson County camping and park lands. Chairman Huntingford seconded the motion in the temporary absence of Commissioner Hinton. The motion carried. Discussion and Possible Adoption of the Proposed Amendments to Sections 3, 7, 11, and 13 (Critical Aquifer Recharge Areas) of the Jefferson County Interim Critical Areas Ordinance #05-0509-94: Senior Planner James Holland stated that County Staff met with representatives from Port Townsend to resolve the issues raised by the City in their May 24, 1995 letter. · The first issue dealt with those parcels at a density equal to one unit per 2.5 acres, ensuring that they would be included as Vulnerable Areas if they are also hydrogeologic ally susceptible. County Staff provided data that there are only four 2.5 acre parcels in the susceptible area in the Tri Area. The City agreed that the other protections provided by the ordinance would be sufficient. · The second issue dealt with saltwater intrusion in Group A or Group B public water systems. The City requested that if one well in an area shows levels of chloride above the thresholds, it would be sufficient for designating the areas as Susceptible or Vulnerable. The conditions in the ordinance were amended to add language that was agreeable to both entities. · The third issue dealt with wellhead protection areas in the aquifer recharge area. The County will consider amending the mapped wellhead protection areas listed as non- susceptible after a water purveyor submits the necessary reports to prove that the area should be designated as Vulnerable. Commissioner Huntingford stated that he is still concerned about the BMPs for seawater intrusion because they have not been addressed in the ordinance. Environmental Health Director Larry Fay explained the process that will be used in adopting the administrative rules which include the BMPs. The rules will be reviewed by the Planning Commission and then the Planning Commission's recommendation will be forwarded to the Commissioners for approval. Commissioner W ojt asked Deputy Prosecuting Attorney Paul McIlrath his opinion on the findings and conclusions? Paul McIlrath stated that they are appropriate findings and conclusions and they represent the process for the June 23 draft that is before the Board for consideration. He added that the changes in the draft are not substantial enough to warrant a public hearing. He explained that the amendments would become effective as of the adoption date. Commissioner Wojt moved to adopt Ordinance No. 14-0626-95, amending the Interim Critical Areas Ordinance by amending the critical aquifer recharge section. Commissioner Hinton seconded the motion. The Chairman called for the vote. Commissioner Wojt and Commissioner Hinton voted for the motion. Chairman Huntingford voted against the motion. The motion carried. VOL 21 rAG~ 879 Â ........................ ........................ ......................... ......................... .......................... ,,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.;.:.:.:.:.:.:.:.;.:. ............................ ............................ Commissioners' Meeting Minutes: Week of June 26, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HEARING re: Annual Adoption of Jefferson County's Six Year Transportation Improvement Prol:ram, 1996 to 2001: Public Works Technician Scott Kilmer listed the top 25 projects on the six year Transportation Improvement Program and the proposed schedule for design and construction. 1) Chimacum Road; northerly portion; construction 2) Larry Scott Memorial Park; survey and right-of-way purchase 3) County Arterial Preservation Program; overlays and chip seals 4) South Bogachiel Road; realign slide area 5) Belle Street; construction 6) Irondale Road 7) South Discovery Railroad Overcrossing 8) Jacob Miller Road/Landfill Road Intersection; realignment 9) Chima cum Road near the County shop 10) West Egg & I Road 11) 7th Avenue 12) Paradise Bay Road 13) South Discovery Road; Ade1ma Beach to Chevy Chase Golf Course 14) Dosewallips Road 15) 5th Avenue 16) Mill Road 17) Safety Projects; undetermined at this time 18) Miscellaneous Projects 19) Duckabush Road; last section before Forest Service 20) Ludlow Bay Road 21) Cook Avenue Extension 22) Bywater Bay R.I.D. 23) Oak Bay Road; completion of repairs to slide 24) Four Corners Road/SR 19 Intersection: This is a State project waiting for more funding from the State. RAP funds were received when SR19 was a County Road. County may return the funds. 25) Off System Drainage: Off right-of-way drainage improvements required to protect County Roads Program Manager Frank Gifford reported that #25 was added because of drainage situations outside of the right-of-way that can effect County road structure. This funding is set aside to be used to work with adjacent property owners and would be used similar to grant funding. Bruce Laurie explained that a new priority system will be in place next year that is in conjunction with the transportation element of the Comprehensive Plan. Chairman Huntingford opened the testimony portion of the public hearing. Mrs. Zahn thinks that Beaver Valley Road and Oak Bay Road should be wider. She would like to see bus turnouts on both roads. Gus Gustafson. Quilcene, thanked the County Commissioners for early and quick snow removal on East Quilcene Bay Road last year. He also appreciated the fact that the road was oiled by May this year. He then discussed his concerns about East Quilcene Bay Road. · There are visibility problems on one part of the road where there is a hill and the road is very narrow. Mr. Gustafson requested that the County take the hump out to straighten the road. · There have been two accidents this year in the curve where the yellow line ends by the log dump. The cars have gone off into the canyon on the right. · The road is too narrow to pass the school bus. Mr. Gustafson suggests putting in some pullouts. · The culvert was plugged with gravel at the end of the blacktop and the runoff made a large puddle across the entire road. It took several days for the road crew to get out to unplug the culvert. VOL 21 rAG~880 .. ..··..1....··· ....... ....... ........ ....... ........ ......... ..:::::::::;:;:;:::::::::;:::::::;:;:; ..::::~~frr¡ff~@ttrr{:: Commissioners' Meeting Minutes: Week of June 26, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · There is a 300 foot drop on an outside curve. It is marked with reflectors. Mr. Gustafson suggests a guardrail and a large mirror in the curve. Mr. Gustafson cautioned the Board to do something about East Qui1cene Bay Road before someone gets killed in an accident. Chairman Huntingford closed the public testimony portion of the hearing. Commissioner Hinton moved to approve Resolution No. 53-95, adopting the Six Year Transportation Improvement Program for the years 1996-2001. Commissioner Wojt seconded the motion which carried by a unanimous vote. HEARING re: Jefferson County A2ricultural and Mineral Land Ordinances (08-0525-95 and 09-0525-95). Adopted by Emer2ency Procedures: Chairman Huntingford opened the public hearing on the Agricultural and Mineral Land Ordinances that were adopted by emergency procedures on May 25, 1995. Senior Planner James Holland explained that these ordinances were adopted as a response to an order given by the Western Washington Growth Hearings Board. The order specified that the County provide additional protections for mineral lands and that the County review the issue of agricultural lands of long term significance. The Mineral Lands Ordinance is similar to the ordinance approved in 1994. The new ordinance provides for setbacks from adjacent properties. The Planning Department also recommends expanding the "right to practice" provisions. The new Agricultural Lands Ordinance lists four categories of agricultural lands . Class 1 land is 20 acres or more on prime soils. Class 2 land is land that is currently farmed. Class 3 land is land of local significance which could be designated as long term commercial agriculture land if it meets certain criteria and the owner chooses to petition the County for reclassification. The fourth classification of agricultural land is the designation of upland fin fish hatcheries. Staff has attended meetings held by the Jefferson County Conservation District to gather additional information on the designation of agricultural lands. Recommendations by the Conservation District that the Planning Department supports are: · The final sentence in Section 1.00 Purpose read On the contrary, agriculture is encouraged on all lands where it can be practiced. · Purpose #2 and Section 4.0 be amended to refer to the designation of farmland that consists of parcels smaller than 20 acres in size, but is in a single ownership that totals more than 20 acres. · The "right to practice" agricultural activities provisions be expanded. The Planning Department also recommends that a Jefferson County Agricultural Zone be defined in the comprehensive plan. James Holland added that, although shellfish growing and harvesting are not included in this ordinance, they are working on draft policy recommendations to be included in the Comprehensive Plan. Chairman Huntingford opened the public hearing. Michael Cavett. 1922 Hastings A venue West. has concerns that designation of an agricultural zone not limit farming in other areas. He stated that small farmers should be able to farm if they wish and that they should have the same rights as farmers in the agricultural zone. Carol Ann Modina. 438 22nd Street. feels that the importance of being able to buy fresh, local, organic produce adds to the quality of life in Jefferson County. Small farms help the economy because they encourage people to buy locally. Many of the farms represented at the Farmers Market are under five acres. She supports expanding the "right to practice" provisions to include farms of less than five acres. VOL 21 rAG,881 ~ Commissioners' Meeting Minutes: Week of June 26, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sue Long asked how much influence the soils map had on the agricultural designation? She stated that soil can be improved to create a good growing medium. She supports expanding the "right to practice" provisions to include farms of less than five acres. John Gunning. 5270 West Valley Road. said that he organically farms twelve acres. He is opening a fruit stand in the Tri Area that is a cooperative of four family farms in the area. He feels that there is more and more concern about pesticides which is creating a movement toward organically grown food. Through proper farming techniques, soil types can be improved. Lee Sperry. 6611 Cape George Road. stated that he owns five acres and farms a portion of it. He has spent a great deal of effort improving the soils on his farm. The farm is a family project that enhances the community. He supports expanding the "right to practice" provisions to include farms of less than five acres. Chairman Huntingford asked James Holland to explain the buffer issues that could present a problem with parcels that are less than five acres. James Holland stated that the setback for adjacent development for Class 1, Class 2, and Finfish Hatcheries is 75 feet. The setback for Class 3 is 35 feet. In a residential area, on one or two acre parcels, a setback of 75 feet would limit activity on adjacent parcels. The GMA requires setbacks on surrounding property. Steve Hayden. Olympic Environmental Council stated that the OEC did not bring an appeal to the Growth Management Hearings Board on the Agricultural Lands Ordinance. The ownership block applied to Class 1 lands should also be applied to Class 3 lands. In Section 4.30 #3, 100% of the parcels surrounding Class 3 lands have to be no smaller than three acres. In Class 1 and Class 2, only 75 % of the surrounding parcels have to be three acres or larger. This will limit potential for small, organic farmers. He thinks that the 75 % should also apply to Class 3. He added that there are more small farmers supplying local markets and this adds to the economic growth of the County. Roger Short stated that the Conservation District and Planning Staff have put together a good ordinance. It outlines most of the issues that the agriculture land owners originally asked for. One issue that is not addressed is the right to harvest trees in riparian zones. This could be added in the Comprehensive Plan. The takings issues are not addressed; but even though he has to give up the use of land to protect critical areas, other people have to give up the use of land to protect farming areas. In the long run it may even out for everyone. Myrl Winjum. North Canal Shellfish Coalition. presented a letter requesting that the Board support the inclusion of aquaculture in the designation of agricultural land of long term significance. The shellfish industry plays a significant part in the economy of Jefferson County and the lands need to be protected. The existing ordinances cover most concerns about protections to shellfish habitat but there are still a few issues that could be addressed by inclusion in this ordinance. Chairman Huntingford closed the public testimony portion of the hearing. Written testimony will be accepted through 5:00 p.m. on Friday, June 30, 1995. Decision re: Appeal of Denied Claim for Dama2es #C-5-95: Kirk Salvatore: There was a discussion about developing a policy for the road crew for situations where logs from private property are laying along the roadway. Commissioner Hinton moved to approve a payment of $450 to settle Kirk Salvatore's claim and that a release of claims form be sent to Mr. Salvatore. Commissioner Wojt seconded the motion which carried by unanimous vote. The meeting was recessed at the end of the scheduled business on Monday and reconvened on Tuesday morning at 9:30 a.m. Commissioner Hinton and Commissioner Wojt were present. Commissioner Huntingford was absent. The Board interviewed Leroy Hornbeck and David Johnson who are interested in serving on the Jefferson County Housing Authority. ....... VOL 21 tM,: 882 ···..·1······· ....... ...... ....... ....... ....... ....... ......... ........ .......... ....... .......... ........ .......... ........ ........... ......... ........... ........ ........... ......... ..::;:;:::::;:::::;:::;:;:.-::::::::::::;:::;:;: ,.::::;;¡1;1¡;¡;¡;t¡;¡;¡;t¡;¡;¡;¡;¡t;¡;tt . . Commissioners' Meeting Minutes: Week of June 26, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment to the Jefferson County Housinl: Authority: Commissioner Wojt moved to appoint Leroy Hornbeck to a vacant position on the Jefferson County Housing Authority. Commissioner Hinton seconded the motion which carried by a unanimous vote. (Expires May 2, 2000) MEETING ADJOURNED _~,.r ./.., ~...-...... .'''t- /"ø '. D '. I·" .'. .., / ~ '~"'~~()1'\ SEAL:@:",.'· ..': i\ ';\ ~~.~.. ..~~k~> / '\ ~~'V:- ~ " ./t/.\}" " '.. ..;. II) . ./ .... ...... 7ST: --- 1.£1~~~~ MUi-- JEFFERSON COUNTY BOARD OF COMMISSIONERS VOL 21 fM;' 883 ···..·1·····..· ....... ....... ........ ....... ......... ....... ........ ....... ......... ....... .......... ........ ......... ....... ......... ........ ........... ....... .......... ......... ............ ....... ..::::{I1}1fIttr¡ttI¡¡¡