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HomeMy WebLinkAboutM071795 MINUTES WEEK OF JULY 17, 1995 The meeting was called to order by Chairman Glen Huntingford. Commissioners Robert Hinton and Richard W ojt were both present. COMl\fiSSIONERS' BRIEFING SESSION: Port Townsend Fire Chief Howard Scott re: Status of Fire Investi.:ation A2re~ment and Burnin2 Re2ulations: Howard Scott, Fire Chief for the City of Port Towijsend, asked the Board the status of the agreement he submitted regarding fire investigation services for the County. Commissioner Hinton asked what training is available for fire investigations? Howard Scott answered that there is a two week course in fire investigation offered at the National Fire Academy in Emmitsburg Maryland. This agre~ment is the first step toward the fire agencies in this area being able to enter into regional agreements for mutual aid. The Board advised that they will check on the status of this a,greement. Later that day: Gary Rowe reported that this agreement has been referred to the Prosecuting Attorney to review and add some language in places where the agreement language was not sufficient. He will check with the Prosecuting Attorney's Office and advise Howard Scott of the status of this agreement. Appointment to Ouilcene Flood Control District Advisory Board: Chainnan Huntjngford noted that Don Lee was appointed to the Qui1cene Flood Control last week, but is wiUing to step down since there is already representation on this Board for property owners in the lower section of the river which is where he lives. Commissioner W ojt moved to withdraw the appointment of Don Lee to this board. Chairman Huntingford seconded which carried by a unanimous vote. Commissioner Hinton moved to appoint Hugh Hansen to the Qui1cene Flood Control Advisory Board. Chairman Huntingford seconded the motion. Chairman Huntingford and Comtþissioner Hinton voted for the motion which carried. Commissioner W ojt abstained from ¡voting. I . VOL 21 rAc,98a Page 1 C0!llm!~sionersM~~ting Minutes:We.~k<2fJuly17, 199? ,.'.' , ~ ~~._--~ ~~ GMA Update: Public Services Director Gary Rowe reported that tomorrow the Growth Management Hearings Board will be at Pope Marine Park at 1:30 p.m. to hear arguments regarding whether the County's Forestland Ordinance is in compliance with the Growth Management Act. There is an "On the Road" meeting tomorrow at 7 p.m. at the Tri Area Community Center. The Planning Commission is finalizing their review of the discussion draft of the Comprehensive Plan. It is hoped that the final document can be out to the public sometime around the second week of August. PUBLIC COl\1MENT PERIOD: The following items were discussed: the status of the water issues and the Charter for the Water Resources Council; a request from the PUD to discuss water issues further with the Board; frustration with the Tri Area Community planning process and the lack of Planning Committee discussion of the issues requested by the County; request that the Board be more involved in the Tri Area planning process and that the County provide information on costs of infrastructure; charges of "Conflict of Interest" made against Planning Commission members at an "On the Road" meeting and the need for the Board to discuss this with the Planning Commission; the need for more public input into the Tri Area Community Plan; a request that an advertisement for members be placed when a vacancy occurs on the Quilcene Flood Control Advisory Board; and a petition was submitted from the Quilcene area for a "No Shooting" area to be established. APPROVAL OF THE MINUTES: Commissioner W ojt moved to approve the Minutes of June 26, 1995 as submitted. Commissioner Hinton seconded which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner W ojt moved to delete Item 9 from the consent agenda and to approve and adopt the balance of the items as submitted. Commissioner Hinton seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 58-95 re: The Exchange of Privately Owned Real Property For County Owned Real Property; for Larry Scott Memorial Park; Port Townsend Paper Corp. 2. Request for Payment of 1995 Third Quarter Allocation, $3,125; Domestic Violence/Sexual Assault Program 3. Request for Payment of 1995 Second Quarter Allocation, $1,545; Port Townsend Senior Association 4. Request for Payment of 1995 Third Quarter Allocation, $20,110.75; Clallam/Jefferson Community Action Council 5. Accept Recommendation to Approve Claim #C-6-95, $25.00; Damaged Fence and Mailbox; Neil Vander Pol 6. Accept Recommendation to Approve Claim #C-8-95, $95.00; Injury Due to a Fall After Being Immunized; Donna Mills 7. AGREEMENT, Supplement No.2 re: Preliminary Engineering Services; Project No.'s CR1146, Cook Avenue and CR1148, Paradise Bay Road; Olympic Engineering 8. Final Subdivision Plat Approval #SPA09-93; Divide 3.4 Acres into 3 Lots; Located off of Point Whitney Road, Brinnon; Cathryn R. Richardson, Applicant 9. DELETE Approve Recommendations for Use of the Lower Level of the Port Townsend Community Center; To be Included in the County's Capital Facilities Planning Efforts Related to the Community Center Grant Program; Port Townsend Community Center Advisory Board VOL 21 rAG~981 Page 2 Commissione~sMeet~ng.Minutes:...Week of July .11L.!~95 CONSENT AGENDA - Continued: 10. Call for Bids re: Chimacum Road Improvement Project #CR0953; Bids Accepted Until Monday, August 7, 1995 at 10:00 a.m.; Bid Opening on Monday, August 7, 1995 at 11:15 a.m. in the County Commissioners Chambers 11. Authorize the Accumulation of Compensatory Time in Excess of the 40 Hour Maximum; To Complete the Draft Comprehensive Plan; Planning Department Staff 12. Approve Request for Membership Change on the Water Utility Coordinating Committee (WUCC); Appoint Tom McNerney to replace David Clevenger as Representative of Snow Creek Ranch; David Phinizy, Owner Applications (2) for Assistance from the Veterans Relief Fund: Commissioner Hinton moved to approve the following applications for assistance from the Veterans Relief Fund: VFW #7014 for $300.00 and American Legion #26 for $100.00. Commissioner W ojt seconded the motion which carried by a unanimous vote. BUSINESS FROM COUNTY DEPARTMENTS: PLANNING AND PERMIT CENTER Request for Administrative Waiver from Jefferson County Subdivision Ordinance. Subsection 5.212 "Re-subdivision:" Vern and Candy Garrison: Deputy Public Services Director, David Goldsmith, reported that Mr. Garrison has asked for a re- subdivision of the property, due to a court order. This request requires a waiver because the five year limitation on re-subdivision has not expired yet. The Planning staff recommends that this be approved, but the Board denied the request. (See Minutes of June 12, 1995.) Mr. Garrison reported that he is not trying to circumvent the regulations for this subdivision. This property division was done by court order. He feels the re-subdivision would be a compromise resolution to this problem. He asked that the Board waive the five year requirement and allow him to add these parcels to the original short plat application. David Goldsmith reported that the staff recommendàtion is to allow the re-subdivision. All of the public process will be the same for this re-subdivision, but the time frame is shorter. Commissioner W ojt moved to grant the request for this administrative waiver. Commissioner Hinton seconded the motion which carried by a unanimous vote. Approve Adjacent Property Owner List for Conditional Use Permit Application, ZON95-0035: Expansion of Existinl: RV Business: Located at 8105 Beaver Valley Road, Red Barn RV: Ron Ril:l:le: Dennis Thomason, Associate Planner, stated that before the application can be accepted as substantially complete a list of adjacent property owners from a title company is required. Mr. Riggle has submitted his own list of adjacent property owners. Commissioner Hinton moved to approve the list of adjacent property owners submitted by Mr. Riggle. Commissioner Wojt seconded the motion which carried by a unanimous vote. Open Space Tax Act, Public Benefit Ratin2 System and Shoreline Buffers: David Goldsmith reviewed the recommendations for changes to the Public Benefit Rating System ordinance to allow incentives for the shellfish industry. The three changes are: ~ A 200 foot buffer area along the shoreline with some improvement on it. VOL 21 rAf;;982 Page 3 Commissioners Meeting Minutes: Week of July 17,1995 3 bonus points are given if there is minimal use of this area. Assessor Jack Westerman reported that an acre of the area would be held out for the homesite. ~ A 200 foot buffer area along the shoreline which is in a natural state, adjacent to designated or classified timberland. 11 bonus points given. ~ The tideland areas used for aquaculture. 11 bonus points if the tidelands are used for aquaculture purposes. If this proposal is agreeable with the Board, the ordinance will have to be amended and a public hearing will be required on the changes. The Board concurred that these changes be made to the ordinance and that a hearing notice be prepared. Proposed Resolution to Establish a Jefferson County Fire Code Advisory Committee and Board of Appeals: David Goldsmith reported that the WUCC approached the County about ways to deal with the issues of the Fire Code and individual structures and the water system requirements in the Coordinated Water System Plan. This proposed resolution will set up an advisory committee for fire flow issues and requirements and a Board of Appeals for the Fire Code application issues. David Goldsmith suggested the following changes be made to the membership representation: Jefferson County Home Builders Association changed to Jefferson County Home Builder Industry General Business Interest change to General business community Fire Protection Engineer or member of general public with knowledge or interest in fire protection changed to Fire Protection Engineer or Fire Protection Consultant. Commissioner Wojt moved to approve RESOLUTION NO. 59-95 with the amendments to the membership representation as suggested and that these positions be advertised as soon as possible. Commissioner Hinton seconded the motion. Commissioner Hinton asked if the travel and meals should be offered for this committee since the Committee is not required by statute and the County doesn't reimburse for mileage or meals for other volunteer committees. Commissioner Hinton moved to amend the resolution to say "No member of the Committee shall receive any compensation for services thereon. " Commissioner W ojt seconded the amendment to the motion which carried by a unanimous vote. The Chairman called for a vote on the motion as amended. The motion carried by a unanimous vote. PUBLIC WORKS DEPARTMENT Hearing Examiners Findings, Conclusion. and Recommendation: Petition to Vacate a Portion of 6th Avenue, Irondale: William and Barbara Ann Molina, Petitioners:Eileen Simon, Public Works Department, reported that this street has been vacated to the north and the vacation to the south was approved but hasn't been finalized. The Hearing Examiner recommends approval of this request contingent upon the applicants paying the appropriate fees. Commissioner Wojt moved to adopt the Hearing Examiner's findings and approve this petition to vacate. Commissioner Hinton seconded the motion which carried by a unanimous vote. Request from Assessor for Approval of Distribution of Implementation Funds from ESSB5001: The Board concurred that the requested distribution plan for the implementation funds received from the State for changes to the Senior Citizen Property IIOl 21 'H~98J) , r~\)~ t) Page 4 Commissioners Meeting Minutes:. We~kofJ':l!'y)7, 1925. Assessment/Tax System (per ESSB5001) be implemented as proposed. The necessary budget extensions will have to be made after a public hearing is held. Martha Hurd, State Department of Natural Resources re: Update on DNR Concerns with the County's Forestland Ordinance: Martha Hurd, DNR, presented the Board with a letter which outlines the DNR concerns with the current forestland ordinance. She explained that she is providing the Board with these comments prior to the Western Washington Growth Management Hearings Board hearing tomorrow. It is her opinion that the current ordinance is out of compliance with the Growth Management Act because: Designation by net yield and the "opt out" clause. A large area of land base currently used for forestry which is in the midst of designated forestlands is left out of designation because of the net yield chosen. The opt out clause allows the property owner to opt out of the forestland designation if the property doesn't meet the net yield. This would allow lands to be removed from the designation prematurely. Chairman Huntingford stated that the first ordinance used land grades for designation in the County and when that ordinance was rejected, the Growth Management Hearings Board asked the County to find a different way to designate forestlands. Martha ,Hurd explained that it is not her position or the DNR's position to slow this process down in Jefferson County, but with the way that Growth Management was established, the Hearings Board is the process to address their concerns that major areas of forestlands are being left out of the designation. Deputy Prosecuting Attorney Paul McIlrath stated that he doesn't feel that Ms. Hurd or the DNR have read the ordinance and understand it. This ordinance protects 70 % of the commercial forestland in the County. Prosecuting Attorney David Skeen asked what the DNR wants the County to do? Martha Hurd stated that the land grade IV lands should be added back into this interim ordinance. There is an issue of predictability about what lands will be left in the designation because of the opt out provision. Commissioner W ojt noted that the real question will come when the Comprehensive Plan is completed. The Comprehensive Plan draft will be going to hearing in August and it won't go anywhere if this ordinance isn't in place. He said he doesn't see what will be gained by holding up the passage of this ordinance. He feels that this ordinance represents a good compromise. Special Events Permit: Airport Daze: Jefferson County Pilots Association: Commissioner Hinton moved to give tentative approval for the Airport Days Special Event Permit contingent on all of the necessary paperwork being received and to allow the Chairman to sign the permit. Commissioner W ojt seconded the motion which carried by a . ./ . :" -', -'ì:" unammous vQte~ ."'....,- ,,--' -'" / .,-, --:):~:' . ,..:";!>:< ...... .~ M~E~I_bi~ ~~Ì([~~}~~D , ·~o· ( I . t 4 . II>- ~ S~' Ã~t':\ ~-~j~:I~':' I I . f _.., 44Ì. o/y,-,; "<)( "{. / ~.' w_,.. t A ,vo-;·" ~ ,~ -L . .. .....' ct: ~ . {JV)1/la.- '" Lorna Delaney, CMC, Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONE Page 5 VOL 21 rAG~984