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HomeMy WebLinkAboutM092595 /' JEFFERSON COUNTY BOARD OF COMMISSIONERS District No. 1 Commissioner: District No.2 Commissioner: District No.3 Commissioner: Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Robert Hinton, Member Glen Huntingford, Chairman Richard Wojt, Member Lorna L. Delaney Gary A. Rowe David R. Goldsmith MINUTES WEEK OF SEPTEMBER 25, 1995 The meeting was called to order by Chainnan Glen Huntingford in the presence of Commissioner Robert Hinton and Commissioner Richard Wojt. APPROVAL OF THE MINUTES: Commissioner Hinton moved to approve the minutes of September 18, 1995. Commissioner Wojt seconded the motion which carried by a unanimous vote. Discussion re: Teen Resource Center Funding: Administrative Manager Shirley Van Hoover explained when the 1995 budget was adopted the Board set aside $5,000 for the Teen Center on the contingency that they actively seek additional funding fÌ'om other sources in the community. Anne Burns, President of the Coyote Foundation, reviewed a letter to Deputy Director of Public Services David Goldsmith that detailed almost $10,000 that the Teen Center has received this year fÌ'om other organizations. After a brief discussion about the operation and renovation of the Center and the positive influence of the new Director, Commissioner Hinton moved to approve payment of $5,000 as requested. Commissioner Wojt seconded the motion which carried by a unanimous vote, Discussion of a Draft Resolution re: The State Department of Natural Resources Management of Commercial Forest Lands Known as School Trust Lands in a Manner Consistent with Existing Forest Practice Regulations: Chainnan Huntingford stated that this resolution is to encourage the State Department of Natural Resources to do a more thorough job of managing the commercial, reforested school trust lands in the Hoh-Clearwater block of Jefferson County, He feels that the DNR encourages private forestland owners to increase their yield through thinning and fertilizing, but in the past few years the DNR has neglected their own lands. Currently, there are over thirty timber sales in that area, that were approved in 1992, and are "on hold". Improved maintenance of the forestlands for harvesting would increase the revenues generated fÌ'om timber sales for schools. Commissioner W ojt stated that he agrees with improving the crop for future yields; but he feels the number of board feet to be harvested shouldn't be stated in the resolution. The Board agreed to revisit this draft resolution at a future date. VOi_ 21 fAG£ 01130 Commissioners' Meeting Minutes : Week of September 25, 1995 ................................... Public Services Briefing: Public Services Director Gary Rowe asked the Board for direction on the publication of the draft comprehensive plan. He is recommending that the Planning Commission review the draft and make revisions by removing the recommendations for urban growth areas outside of Port Townsend. The County Wide Planning Policies also need to be amended. Any changes to the Planning Policies would have to be approved by the City of Port Townsend and the County. In addition, the OFM population projections need to be agreed to by the City. There was a discussion about making the current draft of the comprehensive plan available to the public even though there will be changes. The Board agreed that the Planning Commission should review only the sections of the draft plan that they need to address, rather than the whole plan, There was a brief discussion about the response from the City regarding the water situation for the Tri Area, Gary Rowe stated that he had hoped for a clearer, more specific response on the City's position. Accountant Mary Baldridge is putting together the information regarding GMA costs requested by the Washington State Association of Counties. These figures should be available this week. Reappointment to the Solid Waste Advisory Committee: Bill Perka: Commissioner Hinton moved to reappoint Bill Perka to a two year tenn on the Solid Waste Advisory Board. The tenn will expire on August 11, 1997. Commissioner Wojt seconded the motion which carried by a unanimous vote. PUBLIC COMMENT PERIOD: Comments were made on the following: encouraging commercial development in the County, outside of the City of Port Townsend; lack of representation on the Water Utilities Coordinating Council for private, domestic wells; wells on Marrowstone Island; road construction in Port Hadlock; sidewalks in the rural areas of the County and the cost analysis for GMA, APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner W ojt moved to delete item # 1 and to approve and adopt the balance of the items on the Consent Agenda as submitted. Commissioner Hinton seconded the motion which carried by a unanimous vote. 1. DELETE: RESOLUTION NO._ re: Providing a Loan to the General Fund From the ER&R Fund; Funding Flood Plain Property Acquisition 2. PROCLAMATION re: Port Townsend Paper and United Paper Workers International Day; October 2, 1995 3. Approve Payment of Fourth Quarter Allocation, $1,545; Brinnon Senior Center 4. Approve Payment of Second and Third Quarter Allocation, $10,300; Jefferson County Conservation District 5. Approve Payment of Fourth Quarter Allocation, $20,110.75; Clallam-Jefferson Community Action 6. LEASE AGREEMENT, Amendment re: Additional Storage Space for Public Works Offices; United States Postal Service 7. Letter to John McNutt, P.E., Assistant Project Manager, Department of Transportation re: Old Beaver Valley Road .. ,.;.;.;.;.;.;.;.;.;.; ,,:.:.:.;.;.;.:.:.:.:.:.: ................. ............]2..................... ........ ........ ........ ........ ......... ....... ........... ........ ........... ....... ........... ........ ........... ........ ........... ........ ........... ........ ··:::~fr1¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡r~frJr¡¡ . VOL 21 rAŒ o 1_131, Commissioners' Meeting Minutes: Week of September 25, 1995 ................................... CONSENT AGENDA - Continued: 8. Appoint Member to Serve on the Jefferson County Feny Advisory Committee; Tim Caldwell, General Manager, Port Townsend Chamber of Commerce 9. Accept Resignation of Member from the Gardiner Community Center Board of Directors; Mike West, and Appoint Replacement Member to Serve aNew Three Year Tenn Beginning, October 21, 1995; Barney Hall 10. AGREEMENT, G9600064 re: On-Site Septic Systems Operations and Maintenance; Centennial Clean Water Fund; State Department of Ecology 11. Claim for Refimd of Fuel Excise Taxes; Janumy 1, 1994 through December 31, 1994; Jefferson County Public Works 12. Appoint Additional Members to Serve on the Water Utility Coordinating Committee; Bill Lindeman, Alternate for Kala Point; Glen Huntingford, Alternate for the Board of County Commissioners; Walter Moa, Representative of the Moa- T el Water System BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND PERMIT CENTER Hearing Examiners Recommendation; Request fQr Variance from the Jefferson County Zoning Code to Reduce a Front Yard Setback From 20 Feet to 18 Feet: Located Near the Intersection of Oak Bay Road and Irondale Road, Port Hadlock; Griffith Short, Applicant: Associate Planner Dennis Thomason stated that the Hearing Examiners recommendation is to approve this variance. Commissioner Hinton moved to approve the recommendation and conditions on variance request #ZON 95-0039. Commissioner W ojt seconded the motion which carried by a unanimous vote. Discussion re: Draft Amendment to the Jefferson County Shoreline Management Master Program; Section 5.60 "Docks. Piers. and Floats": Shoreline Advisory Board Chainnan Phil Andrus explained that these amendments to the Shoreline Master Program were suggested because of State Supreme Court cases that tightened up the criteria for variances to the length of joint use docks. He outlined the following changes. (Deletions are shown by a strikeout and additions are underlined.) Prohibited Uses and Activities: · Section (3): Fill waterward of the ordinmy high water mark or within a marsh, bog or swamp to accommodate a dock, pier, or float except as prQvided for in Section 5.100 Landfills. · Section (6): Private. noncommercial docks and piers ~hall not extend waterward more than 15% of the water body width where boat navigation would be restricted. measured at high water to the closest opposite shore." fetch of the emba:yment in whieh thc:y ate located. .':':':':':' ................ ................. ···········1···..·················· ........ ........ ........ ........ ......... ....... .......... ........ ......... ........ .......... ........ ,,:.:.:.:.:.:.:.:.:.:.:,.:.:.:.:.:.:.;.;. ............ ......... ..::::(rr¡¡¡j¡iitfrrIr~ VOL 21 !-ACt 0 :1132 Commissioners' Meeting Minutes: Week of September 25, 1995 ................................... Phil Andrus explained that this is to allow navigation in narrow bodies of water. Commissioner Hinton asked that the Shoreline Commission detennine the necessary width for navigation and add it to the text. Policies: · Section (1) . . .Consideration should be given to shoreline characteristics, shoreline resources and processes, wind and wave action, tidal action, aesthetics, and adjacent land and water uses. There was a brief discussion about the word aesthetics. · Section (2): Phil Andrus stated that the Shoreline Commission rewrote the entire section to clarify it, although the content remained the same. In order to reduce the proliferation of structures on the shoreline, mooring bUQYs are preferred over docks, piers, and floats. Joint-use docks, piers, and floats, whether new construction or expansion of existing facilities, are encouraged over private, single-user docks, piers, and floats. · Section (3): Shoreline Commission member Leonard Palmer explained that this section deals with a list of critical physical limitations that the Shoreline Commission has mapped out in Jefferson County. The siting of Ðdocks, piers, and floats should be discouraged at locations where critical physical limitations exist; such as shallow, gently-sloping bottoms; Meas of high wind with fetch over one mile, wave, or current exposure; high littoral drift areas; or slide pI one unstable and/or feeder bluffs:-, or vel)' narrow bays. Examples of favorable locations include, but are not limited to, Mystel)' Bay, Mats Mats, Port Ludlow, and Pleasant Harbor. Fetch is defined as the distance of open water over which the local wind blows; fetch is especially a concern in predominant north atld south directions of ~ storms. Commissioner Hinton suggested that the definition of fetch be put in the Definition _Section. · Section (4): Docks, piers, floats, and boat houses should be designed and maintained to avoid adverse impacts tQ of the environment and 1Q shoreline aesthetics and minimize interference with the public use of the water and private use of private property. Performance Standards: · Section (1): Boats that are occupied shall not be permitted to moor at private docks, piers, and floats longer than three (3) days unless pump-out facilities are available in the immediate vicinity. · Section (2): The design, location, and construction of docks, piers, and floats, as well as their subsequent use, shall .aycid min±Lnize adverse effects on fish, shellfish, wildlife, marine vegetation, . . . There was a brief discussion about the wording change to avoid rather than minimize. · Section (3): Phil Andrus explained that this is a new section regarding creosote. ..::::::j::¡¡¡¡!:!·¡·liii·il:!!!liiiil.1 VOL 21 fAŒ o :1133 Commissioners' Meeting Minutes: Week of September 25, 1995 ................................... All lumber and other materials treated with preservative shall be sufficiently cured to minimize leaching into the water or shore bed. in accordance with the Best Management Practices approved by the Washington Department of Fish and Wildlife. · Section (4): Docks, piers, floats, and boat houses shall be designed and constructed to minimize hazards to users; and to be capable of withstanding the historic extremes of wind. wave. and tides at their location expected envÍIonmental conditions. This revision is meant be more specific. · Section (5): Docks, piers, and floats shall be located, designed, and operated to minimize interlerence with the public use of the water and private use of private property ðdjaeent WðtCI uses. Floats and docks on lakes shall be preferred over piers. The example given was that if a person had 60 feet of waterfront, they could not have a t-shaped dock or float that was 100 feet wide. · Section (7): Phil Andrus noted the distinction made between private recreational docks and commercial docks. . . . flood I Lighting shall be shielded to prevent unnecessary glare off- site and to minimize hazards to navigation. Overhead lighting for recreational structures shall be prohibited. · Section (8): New waterfront subdivision or short subdivisions shall make provisions for the establishment of one or more a joint-use moorage facilitiesy. · Section (9): is intended to promote joint-use. Applicants for new or expanded private recreational docks and piers shall provide for joint use with the owners of immediately adjacent shoreline properties. unless the applicant establishes that joint use is not feasible. Such joint use shall be defined by a mutually accepted and legally enforceable joint use agreement that shall address at minimum the following: (1) approortionment of construction and maintenance expenses. (2) easements and liability agreements. and (3) use restrictions. Prior to construction, the applicant shall provide documentation to Jefferson County demonstrating that the owners of the adjoining shoreline properties have been notified of this requirement. · Section (11): is meant to make setbacks consistent with other setbacks. Setbacks for accessory developments shall be as specified under Section 4.105 Urban. Section 5.50 Commercial Development. and Section 5.160 Residential Development. Accessory development not shOIeline dependent, including patking and stOIagc, shall be located away fìom the shoreline as fat as feasible. · Section (13): Leonard Palmer submitted a list of justification and arguments for length limits. The basic justification for the changes came from testimony from a public hearing. Private. non-commercial piers and docks shall ext~nd from shore no farther than necessaty for the intended use. The allowed length of a structure offshore from the ordinat)' high water mark shall be no farther than the distance necessaty to reach 8.5 feet of water depth at mean low water tidal elevation (about 5 feet water depth at extreme low tide) or .-::/:::::::::::::·11111111111111111 ..................-..... ......................... ......................... .......................... .......................... ........................... ........................... ............................ ............................ VOL 21 rAG~ o :1134 Commissioners' Meeting Minutes: Week of September 25, 1995 ................................... 125 feet perpendicular to the shoreline whichever distance is least. too fect {10m thc oldinary high WatCl mmk 01 the minus 5.5 fect mca1l 10WCl low \'\Iatel tidal elevation, whichcvcr is less. For joint use facilities the maximum length from shore shall be increased Z5 35 feet for one or two additional moorages provided and an additional Z5 35 feet for three or four additional moorages for a maximum allowed length of 195 feet. T', "L" or fmger docks shall be used when it is possible to provide the required moorage depth and spaces with less total dock length from the shoreline. Where there are existing docks and piers which exceed these length requirements within 300 feet of both sides of the proposed site, the length may be as long as the average length of those docks and piers. In those instances where an existing dock or pier which exceeds these length requirements is within 300 feet of one side of the proposed site, the length shaH may be the average between the allowed length specified above and that of the cxisting adjacent structure. · Section (17): There was a brief discussion about enforceability. In areas of seasonal exposure to high wind and waves, docks and moored vessels shall be moved to a protected location during that time of year when high wind and waves are anticipated. · Section (18): Requires a setback from the property line along the shore. Docks and piers shall be setback a minimum of 10 feet from property lines, except that joint use docks and piers may be located adjacent to or upon a property line when mutually agreed to by contract or covenant with the owners of the adjoining property, a copy of which shall be filed with the County Auditor and submitted with the shoreline pennit application. Phil Andrus explained that the Shoreline Commission also discussed whether docks, piers and floats, under certain shoreline designations, should be changed from secondary to primary use. There was a tie vote and therefore they did not make a revision. The main consideration for not making the change was whether it was necessary to hold a public hearing for every dock, pier or float. The Shoreline Commission feels that these revisions will do away with the need for variances. Commissioner Hinton asked that in Perfonnance Standards, Section (2) the word minimize be left in the text, rather than replacing it with the word avoid. Commissioner W ojt moved that the draft amendments to the Jefferson County Shoreline Management Master Program regarding docks piers, and floats, with the noted amendments, be forwarded to the Prosecuting Attorney for review and returned to the Board for adoption. Commissioner Hinton seconded the motion which carried by a unanimous vote. VOL 21 rAG~ o 1-135 Commissioners I Meeting Minutes : Week of September 25, 1995 ................................... Eileen Simon, Right of Way Agent re: Hearing Examiner's Recommendation; Petition to Vacate a Portion of Rhododendron Avenue in Chalmers Second Addition, Irondale; Gary Jensen: Eileen Simon reported that this portion of Rhododendron Avenue is not being used by the traveling public at the present time. The Hearing Examiner recommended approval of the vacation with five conditions: 1. the usual compensation 2. the petitioners are required to dedicate 26 feet of property along the south boundary of an alley to provide public access to 7th Avenue 3. the petitioners shall also provide right-of-way across lots 16 and 17, and lots 28 and 29 of Block 21 to provide acceptable intersection with Rhody Drive and 7th Avenue 4. the petitioners shall vacate the lot lines in the south half of Block 21 5. the petitioners shall dedicate 10 feet of additional right-of-way along Rhody Drive from lots 16 and 17 of Block 21 She added that the Board may choose to approve the Hearing Examiner's recommendation without the last two conditions because they were originally taken from a 1988 petition that was withdrawn. The conditions are no longer necessary because none of the lots are landlocked and Rhody Drive is now a State Highway. Commissioner Hinton moved to approve the Hearing Examiner's recommendation to vacate a portion of Rhododendron Avenue, with Conditions 1-3. Commissioner Wojt seconded the motion which carried by a unanimous vote. HEARING re: Draft Flood Plain Management Ordinance: Assistant Planner Lesa Barnes reported that this revision to the Flood Plain Management Ordinance is necessary to bring it into compliance with the current FEMA regulations. The draft was sent to FEMA and they found it in compliance. It was then fOlwarded to the Planning Commission for review and recommendations. The SEP A Responsible Official has issued a DNS and the deadline for comments is September 22. Chainnan Huntingford open the public hearing. Janet Welch explained that she will submit written testimony that will outline the technical failings of the docwnent. She feels that the new draft document only takes into account FEMA issues and does not address management of the flood plain. She urged the Board to discourage development in the flood plains. The draft ordinance does not protect flood plain function. She fears a County-wide tax to compensate people who have developed in the flood plain and have lost their homes because of flooding. Hearing no further comments, Chainnan Huntingford closed the public hearing. Commissioner W ojt moved to accept written comments on the draft Flood Plain Management Ordinance until Wednesday, September 27, 1995 at 5:00 p.m. Commissioner Hinton seconded the motion, which carried by a unanimous vote. On Monday, October 2, 1995 at 2:00 p.m., the Board will review the written testimony. VOL 21 rAG~ 01-136 ................................. ··:::::::::::::z········:::::::::::::: ,.;:::;:::;:;:;:;:;:;...;:::::;:;:;:;:;: ,':':':':':':':':':':':' .:.:.:.:.:.:.:.:.: ..::::~{mmm¡mmmmtiff¡tj) Commissioners' Meeting Minutes: Week of September 25, 1995 ................................... AI Scalf, Engineering Technician and Jim Pearson, Permit Coordinator re: Shoreline Permit: Big Quilcene River Dike Removal and Gravel Sump~: AI Scalf asked the Board's concurrence for issuance of the shoreline exemption for these projects. There will be a bid opening Wednesday, September 27 at 5:00 p.m. He explained that HB5155 allows the local agency, in conjunction with State Fisheries, to approve a shoreline exemption on a project for the good of habitat. The local agency would warrant the project. There was a discussion about the proposal and the amount of material that will be removed. Commissioner Hinton moved to approve the shoreline exemption for the Big Quilcene River dike removal and gravel sumps. Commissioner W ojt seconded the motion which carried by a unanimous vote. AI Scalf, Engineering Technician re: Dosewallips River Bank Stabilization Project: AI Scalf reported that the Dosewallips Flood Board is proposing a project to cut down the large cottonwoods on the north side of the Dosewallips River near the Highway 101 Bridge. They want to make a "tieback" which is done by dropping the trees, anchoring them and using cable to tie them back. The property is in open space and the property owners are agreeable. Randy Johnson of the State Fisheries Department has suggested that the portion of the river that is vulnerable to a breakthrough, which could wash over five County roads, should be annored with rip-rap. The cost of the project is estimated at $9,700 and would be done by local contractors. The funding would come from the Dosewallips Flood Board Fund and the Flood Stonnwater Fund. The proposal is currently before Public Works Director Klara Fabry for approval. HEARING re: Amendment to the East Jefferson County Animal Responsibility Ordinance No. 4-84; Section 17: Chainnan Huntingford opened the public hearing on the amendment to Ordinance No. 4-84. This is an addition to Section Number 17, Item B: mandatory spaying and neutering of adopted animals. Animal Services Supervisor Bonita Flagg stated that the objective of the department is to reduce the population of animals in Jefferson County. This ordinance would help to decrease the number of animal births. She added that Animal Services is working on a proposal to contract with veterinarians in the area to spay and neuter the animals from the shelter after they have been adopted, but before they go to their new homes. Chairman Huntingford opened the hearing. Hearing no comments, he closed the public hearing. Commissioner Hinton moved to adopt ORDINANCE NO. 16-0925-95 amending the East Jefferson County Animal Responsibility Ordinance No. 4-84, Section 17. Commissioner W ojt seconded the motion which carried by a unanimous vote. Concurrance with State Liquor License Application; Nancy's Place: Commissioner W ojt moved to concur with a State Liquor License Application to add Class I to current Class H at Nancy's Place in Port Hadlock. Commissioner Hinton seconded the motion which carried by a unanimous vote. ........... ................. ··:·:·:·:·:·:·8·······:·:·:·:·:·:·:· ........ ........ ........ ....... ......... ........ .................... ............... .......... ........ ,':':':':':';':':':';'." .:.:.:.:.;.:.:.: ,.::lfff!i!¡fjmtji{ifj1} VOL 21 rAr,r o 1_137 Commissioners' Meeting Minutes: Week of September 25, 1995 ................................... Three (3) CONTRACTS re: (1) Professional Services; Olympic Peninsula Primary Care Dental Program; Kathi Doty; (2) Professional Services; Olympic Peninsula Primary Care Dental Program; Theresa Christopher; and (3) CONTRACT NO. SW1161; Moderate Risk Waste Collection and Management Services; Burlington Environmental Inc.: Chainnan Huntingford explained that Prosecuting Attorney David Skeen has reviewed these three contracts for the Health and Human Services Department. Commissioner W ojt moved to approve the three contracts, two of which are for professional services for the Olympic Peninsula Primary Care Dental Program, the third is Contract No. SW1161 for moderate risk waste collection. Commissioner Hinton seconded the motion which carried by a unanimous vote. The meeting was recessed at the end of the scheduled business on Monday and reconvened on Tuesday morning at 8:00 a.m. All three Board members were present. They met in Executive Session from 8:00 a.m. to 9:30 a.m. with the Public Services Director regarding personnel and from 9:30 a.m. to 11:30 a.m. with the Prosecuting Attorney and Public Services Director regarding pending litigation. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS {YJil{O ~, ~ ~orna L. laney," v (f' Clerk of the Board ................. ............9,..................... ........ ....... ........ ........ ........ ....... ........ . ........ ......... ....... ......... . ........ .......... ....... ........... ........ ............ ........ ............ ......... ..::::~~frt~~}tttfrt¡¡r VOL 21 rAG~ 0 :,t.t38