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HomeMy WebLinkAboutM111395 MINUTES WEEK OF NOVEMBER 13, 1995 The meeting was called to order by Commissioner Robert Hinton in the absence of Chairman Glen Huntingford. Commissioner Richard W ojt was present. COMMISSIONERS' BRIEFING SESSION APPROVAL OF THE MINUTES: Commissioner W ojt moved to approve the Minutes of November 6, 1995 as read. Commissioner Hinton seconded the motion which carried by a unanimous vote. Plannin¡: Commission Appointments for One Position in District #1 and Two Positions in District #3: This matter was deferred to the November 20 or 27, 1995 meeting. PUBLIC SERVICES BRIEFING: Public Services Director Gary Rowe asked for specific direction on how the Board wants the 1996 budget balanced. Commissioner Hinton stated that it was his understanding from the last meeting that the budget needs to be balanced with projected revenues and not with reserves. Gary Rowe then updated the Board on the damage to roads in the West End due to flooding last week. He also advised that there will be demonstrations on proposed voice mail systems for the County. PUBLIC COMMENT PERIOD: The following items were discussed: The Prosecuting Attorney's review of the Charter for the Water Resource Council and the process it will go through for adoption; how much money is in the budget to support the Water Resources Council; the need to address the "taking" issue in growth management planning; a request that the highest and best use tax assessment not be applied to a particular piece of property; a request that a representative from the County Engineering staff attend a workshop being presented on permitting by the Army Corps of Engineers in January; a request that the Board declare the week of Thanksgiving "Wild Olympic Salmon Week;" and Page 1 VOL 21 r~G~ 0121.7 Commissioners Meetings Minutes: Week of November 13, 1995 the notification sent to property owners regarding changes to the land use density require- ments in the Chimacum Valley. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner W ojt moved to approve and adopt the consent agenda with the exception of items 2, 3 and 8. Commissioner Hinton seconded the motion which carried by a which carried by a unanimous vote. 1. RESOLUTION NO. 105-95 re: Establishing the Name for a Private Road Sunrock Drive, Located in Brinnon 2. DELETE RESOLUTION re: Creating a County Project Designated as CR1242 Van Trojan Road; Right of Way Surveyed and Roadway Located for Possible Right of Way Acquisition 3. DELETE RESOLUTION re: Hearing Notice for Proposed Budget Appropriations/Extensions Various County Departments, Hearing Set for November 27, 1995 at 11:45 a.m. in the Commissioner's Chambers 4. Support Letter to Department of Social and Health Services; Request for Flexible Mitigation Funds; Clallam-Jefferson Community Action Council 5. Letter of Endorsement and Support for Clallam-Jefferson Community Action Council 6. Letter to Jim Wolf, Bureau of Indian Affairs re: Request for Notification; Proposed Jamestown S'Klallam Trust Land Application 7. Appoint Member to Serve a Three Year Term (Expires November 1, 1998,); Penin- sula Regional Support Network Advisory Board to Represent Jefferson County; Janet Anderson 8. DELETE Request for Out of State Travel for Lisa K. Martin, Public Works/Solid Waste Division 9. Approve Application for Assistance from the Veteran's Relief Fund; American Legion Post #26 for $385.00 10. CONTRACT re: County Structured Youth Offender Services for the Department of Juvenile and Family Court Services; State Department of Social and Health Services, Division of Alcohol and Substance Abuse 11. Request for Administrative Variance for a Single Road Approach Off of Oak Bay Road in Conjunction with a Short Subdivision; Glenn Ellen and Glenn Battson, Applicants. 12. HEARING NOTICE re: Proposed Ordinance Adopting the Jefferson County Code; Hearing Date Set for Monday, November 27, 1995 at 2:00 p.m. BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND PERMIT CENTER Hearine Examiner Findinl:s. Conclusions, and Recommendation re: Teal Lake Villal:e, Division 2. Preliminary Lonl: Subdivision Approval of a 54 Lot Subdivi- sion: Northeast of Teal Lake Road and Sprinl:wood Drive in Port Ludlow: Pope Resources. Applicant: Associate Planner Jerry Smith reported that the Hearing Examiner recommends approval of this 54 lot preliminary plat located on Teal Lake Road in the former Urban Growth Area of Port Ludlow. There is a question of whether or not the Superior Court determination on vesting will have some bearing on this application. Commissiontr Wojt asked when this application was submitted. Jerry Smith answered that the application for this subdivision came in after the Board declared Port Ludlow an Interim Urban Growth Area. Commissioner Wojt clarified that the County's Ordinance establishing the Port Ludlow Urban Growth Area has been repealed by direction of the Western Washington Growth Management Hearings Board and the issue of vesting for applications in that area has been sent to the Superior Court for determination. Jerry Smith advised that the Permit Page 2 VOL 21 rAGf o 1218 Commissioners Meetings Minutes: Week of November 13, 1995 Center has proceeded with the review of this application which is consistent with the direction given in the Resolution and Ordinance that repealed the Urban Growth Area. Commissioner W ojt asked Deputy Prosecuting Attorney Paul McIlrath for advice on how to proceed with this application until the Court makes a decision on the County's request for a declaratory judgment? Paul McIlrath explained that the County has a request pending with the Superior Court for a declaratory judgment to resolve the issue of vesting pursuant to the Port Ludlow IUGA decision of the Growth Management Hearings Board. He feels the County should take the following into consideration when handling these applications until the Court has issued a ruling: 1) recent decisions from the Hearings Boards that no County should allow development outside of UGA's if that development is urban residential, ., commercial or industrial, 2) if such development is allowed outside a UGA the County is at risk and the developer is also at risk because the application could be voided by the Court. He feels the reasonable course of action for the County, is NOT to approve any applications while this action is pending before the Court. Commissioner Hinton asked how long it is expected the Court will take to make a finding on this request? Paul McIlrath stated that he would guess it will take the Court 60 to 90 days to make a decision. Commissioner W ojt moved to postpone making a decision on this plat until after the Court makes a decision on the County's request. Greg McCary, Pope Resources, stated that it appears to him that waiting would be inconsistent with the decision made on the Loomis application. He then read from the Hearing Examiner's report and findings (Page 7) where it quotes from Resolution No. 91-95 saying "Notwithstanding the pendency of such a judgment, the County shall continue to process all Port Ludlow development applications made during the period Ordinance No. 01- 0117-95 was in effect, assigning them no greater or lesser priority than similar applications made for other areas of the County." He reminded the Board that the County approved an application submitted by Mr. Loomis under the same circumstances. Paul McIlrath explained that he feels the County's intent was to not prohibit people from going forward because of the money invested in their development applications. But, he doesn't feel that anyone in the County envisioned the kind of aggressive development that would disregard the reality of a pending court case. He feels that the County must weigh the risk involved in allowing applications to proceed to the final stage where development could be pursued and costs incurred, when the approval could be overturned by the Court's ruling. Greg McCary stated that he isn't happy about being treated differently than another developer. He feels its pretty clear that the Hearing Examiner recommended and has considered this particular situation and addressed it. It's clear that he thinks it's okay to proceed. After reviewing the language cited by Mr. McCary, Paul McIlrath stated that this language does not say that the County must grant approval, it just says that the County shall continue to process the applications. He noted that the WWGM Hearings Board has issued a recent ruling (Friends of Skagit Valley vs Skagit County case) stating clearly that any ordinance that would allow development outside a UGA that was not purely rural, is out of compliance. Commissioner Hinton advised that he would not second the motion on the floor. The motion died for lack of a second. Commissioner Hinton then moved to continue consideration of this application to November 20, 1995 at 10:35 a.m. to allow the Board time to review the Hearings Board's decision on the Skagit Valley case. Commissioner Wojt seconded the motion. The motion carried. Page 3 VOL 21 rM;~ o 12:19 Commissioners Meetings Minutes: Week of November 13, 1995 PUBLIC WORKS DEPARTMENT Request to Open Ri2ht of Way: To Open East Price Street From its Present Terminus OfT of 5th Avenue in the Plat of Irondale: ROl:er Brown. Applicant: Public Works Traffic Engineering Technician, Bob Henderson, reported that portions of East Price Street are opened to private road standards from 7th Street (one lane gravel road) to 6th Street. The County does not maintain the portion opened to private road standards. A couple of years ago Mr. Inman applied and was granted permission to open up the right-of- way of East Price from 5th Avenue for approximately 200 feet to private road standards. In January 1995, Mr. Mike Hensel applied to open the portion of right-of-way from where it ends at 6th Avenue to his property. The Public Works Department recommended that if he was granted permission to do that, that he be required to have an engineered roadway plan because there is a low area where water gathers. The present request for opening East Price Street is from Roger Brown who purchased a couple of the Hensel lots and is requesting to continue the roadway from the 7th Avenue side to his lots. Mr. Hensel has not constructed anything under his open right-of-way application. The Public Works Department's concern is that roads are being built in a piece meal fashion. They recommend that if Mr. Brown's request is granted, that the roadway and drainage system be designed by a licensed engineer. Bob Henderson advised that Mr. Inman has to realize that where he opened up the right-of- way is not a private road. He has blocked the road off by planting grass in portions of it. Mr. Inman explained that there was traffic in the area last year when he put in 400 feet of waterline on the west side of Price Street and Puget Power put the line down 200 feet of the east side of the street. At that time he pushed some debris in the area to keep motor vehicles from going through mainly because there is a large hole that fills with water. Public Works Director Klara Fabry stated that an approval has already be given to open this right of way to private road standards. The situation exists and any decision the Board makes today to access the lots from either direction, is appropriate. Bob Henderson reported that if an engineered drainage plan isn't required, there will be a perpetual problem during the rainy season. Roger Brown said that common sense tells him that if he brings the road in from 6th A venue he would have to fill in a 6 to 8 foot hole that collects water. If he brings the road in from the other side, it would divert the water away from the problem. Bob Henderson stated that it wouldn't solve the problem it would just be moving the water from one place to another. Klara Fabry suggested that a detention basin could be installed to solve the problem. Mr. Brown explained that he only owns the first two lots (Lots 17 & 18) beyond where the road stops coming in from 5th Street. He wants to extend the road to his two lots. The people that live between 5th and 6th Street don't want to see the road developed from that side. After further discussion of the topography and drainage patterns of the area, Mr. Inman explained what he has been seeing happen in this neighborhood with the two lot parcels. Commissioner Hinton asked if Mr. Hensel has plans to put the road in on the right-of-way as approved in his application to open right-of-way? Mike Hensel stated that he has an agreement with Mr. Brown for him to purchase his lots and open the road. William Olin, 110 East Price, stated that he lives next to the road where the hole is located. If the road is put in from the 5th A venue side and the hole is not filled, then Mr. Hensel will not have access to his property from the East Price public right-of-way. Right now he has access across private property to his lot. Page 4 vQt 21 Uf,~ o 12;20 Commissioners Meetings Minutes: Week of November 13, 1995 Mrs. Inman stated that they aren't opposed to Mr. Brown putting the road in from 5th Avenue or 7th Avenue, they just don't want their property to become a swampland. They want the road constructed to State and County standards. After considerable discussion of the situation in this area, what has been done, and what is planned, as well as the traffic circulation in the area, Commissioner W ojt moved to approve the opening of Price Street from 5th A venue to 7th A venue to private road standards with an engineered design. Commissioner Hinton stated that he feels that requiring the road to be constructed from 5th Avenue to 7th Avenue is too much to require of this applicant. He moved to amend the motion to require opening Price Street from 5th A venue through 6th A venue, to private road standards, subject to the recommendations of the Public Works Department, with an amendment to Recommendation number 4 to sayan engineered road and drainage plan "shall" be required. Commissioner Wojt seconded the amended motion. The Chairman called for a vote on the motion. The motion carried. Temporary Closure of Traffic on Ouinault South Shore Road (County Road #911607) and the Upper Hoh Road (County Road #914207): Commissioner Wojt moved to approve RESOLUTION NO. 106-95 closing the Quinault South Shore Road and the Upper Hoh Road to traffic due to flood damage. Commissioner Hinton seconded the motion which carried by a unanimous vote. The Board met in executive session regarding litigation with the Prosecuting Attorney and the Public Services Director from 1 :30 p.m. to 2:00 p.m. HEARING re: Proposed Community Development Block Grant Amend- ments: Fundin~ of Activities Sponsored by Clallam-JefTerson Community Action Council: Administrative Manager Shirley Van Hoover explained that this hearing is to publicize and take comments on the County's application for 1996 Community Development Block Grant (CDBG) Service funds for the Clallam Jefferson Community Action Council's programs including Rental and Housing Assistance, Emergency Food Assistance, Senior Nutrition, Early Childhood Education, Weatherization, Home Care and Retired Seniors Volunteer program. The application is in the amount of $129,143.00 which is the same amount provided for the past two years. Three thousand dollars of that amount comes to the County for administrative services. The Chairman opened the public hearing. Ken Lynn, Interim CAC Director, reported on the 1995 programs and what the difference will be in 1996 for these programs. There will be changes in the 1996 budget due to reduced funding. There will be changes in lighting and energy assistance programs. Last year 1,700 families were helped by this program in the Clallam and Jefferson County area, while it is expected that only 700 to 800 families will receive help this year. In 1995 the $126,143.00 received in CDBG funding were used as follows: Section 8 Housing - in 1995 spent $2,350 of the grant in assisting 140 clients. Light/Heat Support (Emergency Energy Support) - $30,120 of the grant will be spent in November and December. Page 5 \(fJt 21 r~fl 01221 Commissioners Meetings Minutes: Week of November 13, 1995 Nutrition (commodities to food banks) - $1,410 was used in 1995 to pay transporta- tion and administrative support to get commodities to the food banks. This program will end in 1995. Senior Nutrition - $2,350 of CDBG grant funds were used to support the hot meals program. This program will be expanded from 54,000 meals to 80,000 in 1996. Linka~es (infrastructure to deal with other community agencies) - $72,900 of CDBG funds were budgeted for this program. There will be funding cuts in this part of the program in 1996. The money will allow CAC to search for other innovative ways to help people. Chore Services - $11,530 is provided from CDBG funds for this program. Hearing no public comments for or against this grant application, the public hearing was closed. Commissioner W ojt moved to authorize and sign the application for the CDBG grant to be submitted to the State Department of Community, Trade, and Economic Development. Commissioner Hinton seconded the motion. The motion carried. Commissioner Wojt then moved to approve RESOLUTION NO. 107-95 which outlines the manner in which the County is meeting the requirements of the CDBG Grant process and provides a statement of the Citizen Participation Strategy. Commissioner Hinton seconded the motion which carried by a unanimous vote. Commissioner W ojt moved that written comments will be taken at the Commissioners Office on the grant application until November 30, 1995 at 5:00 p.m. Commissioner Hinton seconded the motion which carried by a unanimous vote. HEARING re: Amendin2 Jefferson County Road Vacation Ordinance No. 06-0615-92: Public Works Right of Way Agent Eileen Simon explained that this ordinance amendment was proposed to clarify the legal requirements of the County Engineer and it eliminates the administrative process for statutory vacations. All vacations would go through the same standard process, if this amendment is passed. Commissioner Hinton said that it is unclear in the statutes if the County Engineer was required to review and report on statutory vacations. Public Works Director Klara Fabry stated that she asked that this amendment be drafted because she didn't feel the statutory vacation provisions of the road vacation ordinance in effect now, reflect the intent of the law. If this amendment is passed the Public Works Director and the County Commissioners would not be involved in the statutory vacation process, Eileen Simon added. Klara Fabry explained that statutory vacations are a legal issue. After discussion of why the statutory vacation process was put into the County's road vacation ordinance, Klara Fabry urged the Board to have the Prosecuting Attorney review the ordinance amendment for a legal opinion about the statutory vacation process, and the proposed amendment. The Chairman opened the public hearing. Hearing no public comment for or against the proposed amendment, the Chairman closed the hearing. Commissioner W ojt moved to postpone action on this proposed ordinance until the Board requests a legal evaluation of the ordinance amendment. Commissioner Hinton seconded the motion which carried by a unanimous vote. VOL 21 rACt: Page 6 o 12:¿2 . . , .. Commissioners Meetings Minutes: Week of November 13, 1995 Application for Assistance from the Veterans Relief Fund: Commissioner W ojt moved to approve the application for assistance from the Veterans Relief Fund as submitted by American Legion #26 in the amount of $100.00. Commissioner Hinton seconded the motion which carried by a unanimous vote. Request for Reimbursement of Motel Expenses in a Hi2h Cost Area: Commissioner Wojt moved to approve the request from an employee of the Health and Human Services Department for the reimbursement of lodging in a high cost area. Commis- sioner Hinton seconded the motion which carried by a unanimous vote. PROCLAMATION re: Wild Olympic Salmon Week in Jefferson County: Commissioner W ojt moved to approve and sign a proclamation which declares the week of November 20 through 25, 1995 as Wild Olympic Salmon Week in Jefferson County. Commissioner Hinton seconded the motion which carried by a unanimous vote. The Board then attended a workshop with the Prosecuting Attorney and the Public Services Director regarding growth management planning. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS ~<:YVYt~ Lorna Delaney, CMC Clerk of the Board " 'It .. . ,,' 1\ ... . ~ « . ." ,~ "'LJI4 ~," ' Page 7 ~'oc 21 r~f,ç O A! 0'2' 3' -}; ~-- ..¡a.....~. .__