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HomeMy WebLinkAboutM030794 MINUTES WEEK OF MARCH 7, 1994 Chairman Robert Hinton called the meeting to order in the presence of Commissioners Glen Huntingford and Richard Wojt. COMMISSIONERS' BRIEFING SESSION APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the minutes of February 14, and 28, 1994 as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. Discussion of County Departments Purchasin2 Locallv: Commissioner Huntingford explained that he went to a Chamber of Commerce meeting where there was discussion of how to encourage County departments to purchase locally. He suggested that this be discussed with the Elected Officials at the next Management Team meeting. GMA Update: Public Works Director Gary Rowe reported that there is a meeting tomorrow morning with the consultants for the capital facilities plan and a meeting on Tuesday at 7:00 p.m. between the Planning Commission and the Chairmen of the various community planning committees. Commissioner Huntingford introduced Kent Anderson who has been hired as the Current Planning Supervisor to work at the Permit Center. PUBLIC COMMENT PERIOD: The majority of the discussion centered around the final draft of the Critical Areas Ordinance, the need for the County to hold another public hearing on it before adoption, and the need for the public to be better informed about the impact of this ordinance on land use. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to approve and adopt the consent agenda as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. Sign Letter of Support for Expansion of Local Calling Area; State Utilities and Transportation Commission 2. Approve and Sign Grant Application; 1994 Emergency Shelter Grants Program; To be administered by the Clallam Jefferson Community Action Council; State Department of Community Development, Housing Division 3. HEARING NOTICES re: Appeal of Final Mitigation Determination of Non-Significance; Creekside Long Plat LP05-92 and Ironwood Long Plat LP06-92; Public Hearings set for March 21, 1994 at 2:00 p.m. . VOL 20 fAr.· 2;~ Commissioners' Meeting Minutes: Week of March 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE CONSENT AGENDA ": Continued 4. RESOLUTION NO. 22A-94 re: Establishing an H. J. Carroll Park Advisory Committee 5. AGREEMENT No. LA-1416, Supplement #3 re: Chimacum Road Improvement Project CR0953; Acquisition of Right-of-Way; State Department of Transportation 6. RESOLUTION NO. 23-94: Hearing Notice; Petition to Establish County Roads; Boardwalk Place and St. James Place; Hearing Set for March 28, 1994 at 11:15 a.m. 7. Certification of Road Levy Expenditures; 1993 Budget Year; County Road Administration Board 8. Accept Resignation; Gardiner Community Center Advisory Board; Barbara Harrison 9. Appointment to Gardiner Community Center Advisory Board; Unexpired Three Year Term (Term expires 09/27/96); Joyce Minty 10. Appointment to Port Townsend Community Center Building Advisory Board; New Two Year Term (Term expires 03/07/96) Irene Alexander 11. Appointments to the Larry Scott Memorial Park Citizen Advisory Committee: All Terms to Expire at the End of the Project. Person: Kate Spear Greg Bennett Heidi Schmidt Judy French-Scott Gene Seton Paul Boyer Bill Perk a Alma Taylor Ben Andrews Lowell Jons Paul Harder Kathy Verras Kathy Campbell Mercedes Young Representing: Jefferson County Parks Advisory Board Jeff. Co. Transportation Planning Advisory Board South Discovery Road Property Owner North Discovery Road Property Owner Glen Cove Property Owner Business Realtors Citizen-at- Large Citizen-at-L1rge Bicyclist Pedestrians Citizen-at-Large and Physically Challenged Equestrians Ci tizen-at- LargeIYouth BUSINESS FROM COUNTY DEPARTMENTS PLANNING DEPARTMENT Discussion of Final Draft Critical Areas O."dinance: Chairman Hinton asked if either of the Board members wanted to make any recommendation on this ordinance after hearing all of the comments during the public comment period regarding the need for another public hearing before adoption. Mark Huth, Prosecuting Attorney, reported that the changes directed by the Board have been made to the document and now the Board needs to give direction on how they wish to proceed. Commissioner Wojt asked about the comments made during the morning public comment period? Mark Huth reported that the public hearing has been held on this document and the comment period is closed, so any comments made this morning can not be used as a basis for any decision on this document. Chairman Hinton stated that he has concerns regarding the change in the ordinance which added building permits as a triggering permit and he feels that another public hearing should be scheduled for this final draft. Commissioner Huntingford stated that the changes to the draft were made as a result of public testimony. Commissioner Huntingford moved to set one more public hearing on this final draft ordinance. He added that he would like people to make comments that are to the point about specific items in this ordinance. Prosecuting Attorney Mark Huth reported that the ordinance will have to be published again for this hearing. Commissioner Wojt seconded the motion. VOL 2t, f-'C,27f) Commissioners' Meeting Minutes: Week of March 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner Huntingford suggested that the ordinance be adopted which would allow a review of how these things work and then the changes needed could be made during the update of the Comprehensive Plan. Chairman Hinton called for a vote on the motion. Chairman Hinton and Commissioner Hun- tingford voted for the motion. Commissioner Wojt voted against the motion. The motion carried. Review of Development Code Draft Environmental Impact Statement: Mark Huth stated that there is concern that the Planning Commission is reviewing the draft EIS without direction from the Board. James Holland has drafted a letter for the Board to send to the Plann- ing Commission thanking them for their work and notifying them that they are not required to review this document. Dick Broders, Planning Commission member, reported that the Planning Commission was told that they should review the EIS. They did look at it at their last meeting, and determined that they feel it is inadequate. He explained that they will not be doing any further review of it. The Board concurred that the draft letter not be sent to the Planning Commission. Appeal Request; Petition for Redesi2nation of Property ZCP7-93; Thomas Hansen: Chairman Hinton asked Mark Huth why the Planning Department would recommend that this appeal not be scheduled. The Prosecuting Attorney feels that this request for an appeal hearing should be granted. Commissioner Wojt moved to set a public hearing on this appeal for Tuesday March 22, 1994 at 9:00 a.m. Commissioner Huntingford seconded the motion which carried by a unanimous vote. PUBLIC WORKS DEPARTMENT CONTRACT re: Desi2n and Build Solid Waste Transfer Station; R02nlins Inc. and K.P.G.. Inc.: Public Works Director Gary Rowe reported that the final cost of this contract is $555,000.00. The estimated time schedule is for a ground breaking in May with the building to be finished about September. Commissioner Huntingford moved to approve the contract with Rognlins, Inc. and K.P.G., Inc. as submitted. Commissioner W ojt seconded the motion which carried by a unanimous vote. Lease A2reement. Amendment; Additional space at the Federal Buildin2 (post Office) for Public Works Department; U.S. Postal Service: Gary Rowe reported that additional space has become available at the Post Office building and since more employees have been added to the staff housed there, they are asking that the lease amendment be approved. Commissioner Huntingford moved to approve the Lease Agreement amendment with the U.S. Postal Service for additional space in the Federal building. Commissioner Wojt seconded the motion which carried by a unanimous vote. From 11:45 a.m. to Noon the Board met in Executive Session with Prosecuting Attorney Mark Huth regarding potential litigation. Letter to City of Port Townsend re: Concerns About the Interim Urban Growth Areas Ordinance: Commissioner Wojt moved to have a letter drafted to the City asking them to outline, in writing, their concerns with the IUGA Ordinance and invite them to meet with County staff and/or Commissioners to discuss these concerns. Commissioner Huntingford seconded the motion which carried by a unanimous vote. VOL 2 0 rAr,~ 277 Commissioners' Meeting Minutes: Week of March 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HEARING re: Intention to Renew Lease of County Property; Property located near Jefferson County Transfer Station; For the Purposes of a Firin2 Ran2e Facility: Chairman Hinton opened the public hearing for comments regarding the County's intention to renew the lease of County property located near the Jefferson County Transfer Station for use as a firing range. Mike Moug, President of the Sportsmen's Club, stated that the Sportsmen's Club has been in existence since 1964. The Club provides a safe shooting environment for the citizens of the County. Training programs are provided for young people, such as Hunter Safety, education and firearms safety program. The Club provides a service to the citizens of the County. Neil Bergstrom, 250 Jansen Road, Nordland, said that he has been a member of the Sportsmen's Club for several years. He reported that this excellent facility is well maintained and well run. He urged the Board to extend the lease for the Sportsmen's Club. Pamela Cole, Secretary/Treasurer of the Sportsmen's Club, stated that she feels that if this lease is not renewed, there won't be any control of where people practice firing their guns. The gun safety programs they offer are good programs. James Davis, 1431 Sherman, stated that he has been a member of the club since 1967. Over the years this club has been built up to be an on-going organization. If there isn't a firing range available, gravel pits and private property will be used more and more for target practice. Over the years many residents have contributed money and time to the club and everything on the site has been done by volunteers. Julie Dalzell, said that she has been a member of the Sportsmen's Club for about three years. She uses the archery range. Archery is a family activity and it attracts people from out of town who then spend money here. John McKeeshan, Nordland, stated that he, his wife and son, utilize the range. It is a good facility and they would like to see it maintained. Doug Kurata, 71 Woodman Road, said that he has been a member of the club for 10 plus years and supports what the other members have said. He added that this is a volunteer organization that does a lot of a work to maintain this facility. There are a lot of members of the Club. It is a safe shooting area that is policed by the members of the club. He urged the Board to continue the lease. Dick Hill, 1409 Monroe, stated that he appreciates this facility because he has two young boys that he has been able to send to the firearms instruction programs put on by the Club. Kimberlv Torres, 321 Dennis Boulevard, said that she and her husband joined the Club last year. They feel the gun club is a safe, clean environment for this activity. There is a great deal of mutual respect for members when they are there. They are glad this facility is here and they hope it stays. Dean Crawford, 91 Walker Way, stated that there was recently an incident of people shooting guns in an unauthorized area and they hit a fire station located on Thorndyke Road. That kind of activity will continue if there is no firing range for people to use. Good gun safety is important. He added that whenever he has been to the firing range the gate has been locked behind the members because they have good safety habits. There is no other place to go if this lease isn't renewed. Bill Grant 201 Brighton, Hadlock, stated that he uses the range for archery. The next closest range is in Port Angeles. The alternative to shooting at the range is putting up bales in back yards, which can be hazardous. He strongly urged that the range be allowed to continue. Richard Hill stated that he grew up in the Club and it is a safe place to go. He uses the range for archery now. He feels it is a safe atmosphere. VOL ::::0 rAro' 278 Commissioners' Meeting Minutes: Week of March 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gene Woods, 2935 Gise Street, this is an excellent place for the kids to go out and learn to shot in a controlled environment. It is a lot better than learning by shooting up insulators and cattle. It would be inviting kids to go shoot wherever they get the urge to, if this lease isn't renewed. Howard Armstrong, 1529 Sherman, stated that the Club has tried to be a good neighbor to the people out there. If they have notified the club of an activity the club has rescheduled shoots and practice times to accommodate those activities. There have been some problems on the range out there, but the Club has tried to handle them and maintain a safety facility for everyone. Hearing no further public testimony, the Chairman closed the hearing. CommissionerWojt asked what brought this matter to the attention of the Board? Mark Huth explained that the previous lease expired and in order to renew it, a public hearing is required. Commissioner Wojt moved that a lease for the maximum term allowed be negotiated with the Sportsmen's Club to include a clause that the lease be opened every five years for fee negotia- tions. Commissioner Huntingford seconded the motion which carried by a unanimous vote. The Prosecuting Attorney will negotiate with the Sportsmen's Club. Discussion re: Policy on Approval of Septic Tank Permits in the Flood Plain: Environmental Health Director Larry Fay reported that septic systems in Jefferson County are regulated under County Ordinance No. 2-77 (On-site Sewage Systems) and, by reference, Chapter 246.272 of the Washington Administrative Code (the design standards for septic systems.) The County ordinance is primarily administrative. The regulations do not specifically address the placement of septic systems in flood control areas, but it does require (under WAC 246.272.90) that a septic system that is going to serve a structure in a flood control zone area must have a flood control zone permit before the on-site sewage permit can be issued. The Jefferson County Ordinance requires issuance of a flood plain certificate if the site is within the 100 year flood plain. The Flood Plain certificate spells out certain mitigative conditions so that the flow of flood waters are not interfered with and damage to structures built within the flood plain are minimized. Section 5.20 (3) part b (sewage disposal systems) says "On-site waste disposal systems shall be located to avoid impairment to them and contamination from them during flooding." The nature of septic tanks and drain field systems are such that when they are inundated with water they don't function. When they are inundated there is significant probability of contamination. He stated that he doesn't know how any system could be conditioned to meet that standard. Mter reviewing all of this information, the Health Board concurred that a policy statement be drafted to address these concerns. He added that the policy statement, when drafted, would be to define the procedures a property owner could take if they disagree with the maps which identify flood plains. Chairman Hinton asked if the policy has been drafted yet? Larry Fay reported that it has not been drafted yet. Chairman Hinton asked the status of permitting septic systems in the flood plain? Larry Fay answered that if an application for a septic system in a mapped flood plain was submitted right now it would have to go through the flood plain certificate procedure, and it would be reviewed under the standards in the County's ordinance. Prosecuting Attorney Mark Huth reported that RCW 86.16.041 subsection 2a says that the State Department of Ecology could disapprove the County's Ordinance if it didn't restrict land use within designated flood ways, including the prohibition of construction or reconstruction of residential structures. The local jurisdiction submits its Flood Plain Ordinance to the State Department of Ecology for approval. In order to amend the ordinance, the amended ordinance would have to be reviewed and approved by the DOE. Chairman Hinton asked how other counties handle this? Larry Fay reported that he hasn't canvassed many other Counties, but in the few he has talked with there is diversity. Most of the restrictions imposed on on-site septic systems have been tied to the floodway as opposed to the 100 year flood plain. Their standards aren't as restrictive in the flood plain as they are in the floodway. He feels that a realistic approach to regulating septic systems in flood zones, for the protection of the public health and safety, is to look at the impacts from the flooding. In areas that are considered "frequently flooded" it would make sense to be fairly restrictive in what would be allowed. Areas that are flooded less frequently, may not have that major an impact from an VOL '.', ¡- . 2,.fn ,; . f~ ,-,U ~M,' . H.J Commissioners' Meeting Minutes: Week of March 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on-site septic system. Any change in approach, such as this, would require an amendment to the Flood Management Ordinance. Chairman Hinton asked if a septic system can be designed and engineered to be used in the flood plain? Larry Fay answered that in order for a septic system to work the soil is used as part of the treatment process. If order to get effective treatment, unsaturated soils are needed. During a period of flooding or a high water table associated with flooding, the level of treatment is not maintained. A watertight septic tank could be designed to prevent infiltration or leakage during a flood. Conceivably manholes and risers could be built over the access compartments of a septic tank to bring them above flood stage. The discussion continued regarding the difference between the floodway and the flood plain. Dave Phinizy stated that the Federal Insurance Rate Maps (FIRM) were the beginning of this process which is an attempt to limit the federal government insurance program's exposure from continuous losses over and over again in the same place. The program requires that the bottom floor of a home be one foot above the level of the 100 year flood plain. Chairman Hinton asked if anyone has any concerns about this policy? Herb Beck reported that his property is in the flood plain. Floods have a very short life. The flood comes, flashes by and recedes. He stated that he would be concerned about the length of time that the septic system was flooded. David Newman asked if the Health Department is not issuing any septic permits in flood plain areas? Larry Fay reported that the problem is that the County Ordinance requires that a septic tank permit in a flood area requires the issuance of a Flood Area Certificate. The Flood Area Certificate references a section which requires that certain conditions be met which he feels cannot be met by an on-site sewage system. Mr. Newman asked if there has ever been any water wells contaminated in flood areas? Larry Fay reported that he is not aware of any water testing done during a flood. Mari Phillips asked how long the County ordinance and State regulations have been in place? The County ordinance has been in place since 1989 and the State regulations since 1987. She then asked what she would have to comply with if she applied for a septic system permit in a flood plain? Mark Huth reported that if the property was in a flood hazard area (County ordinance identifies that as the flood plain), she would have to comply with the Flood Plain Management Ordinance as well as the State WAC. This is the problem right now, because the way the Flood Plain Management Ordinance is written, a septic system cannot be installed that would meet the requirements of the County's ordinance. Carol Goodwin, Brinnon, said that it is clear that the Flood Plain Ordinance would stop most people in Brinnon from getting a building permit. She asked what has to be changed to make a workable situation? Mark Huth reported that the ordinance would have to be rewritten and adopted by the Board of Commissioners and then by the State Department of Ecology. The discussion continued regarding how this problem was discovered, what the County is trying to do to assure the protection of the public health and still allow people to build on their property, and what can be done to change the regulations. Chairman Hinton asked if it would be a "taking" if a parcel of property is not granted approval for a septic system, when other parcels around it were approved, because of this change in policy by the County? Mark Huth reported that this would not be a "taking," legally because unless a completed application has been submitted, it is not vested. The question that remains to be answered is what exactly is required to fulfill the federal regulations. That may not mean that all septic systems would be denied in the 100 year flood plain. Dave Phinizy pointed out that the bigger issue for the County, is the protection of the charter from FEMA which allows the purchase of FEMA Flood Insurance by County residents. If that charter is lost, and there is some type of catastrophic event, the federal government would not be obliged to provide emergency federal aid. The County has an obligation to meet the minimum standards set forth by the federal government. VOL 20 rAr"280 Commissioners' Meeting Minutes: Week of March 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jack Westerman, Assessor, stated that whatever is done, when the maps are corrected, a system needs to be set up to flag the affected parcels in an area being regulated so that County Departments know that the parcel is affected. Jim Olsen stated that Section 5.4 (Alternatives) in the current Flood Plain Ordinance allows that protective measures in any structure in a flood hazard zone that vary from those described, must be certified for adequacy by a registered professional engineer or architect. The ordinance should be reviewed and altered to allow the Health Department to approve alternatives if they are certified by a competent professional. Byron Swigart stated that his comments are based on Page 10 of the County's ordinance. The first item on page 10 infers that there are alternative methods of flood proofing. Second, the utilities sections talks about new and replacement utilities. This could impact many people with existing systems, if the criteria is applied the same as for a new installation. There are several places on this page which talk about minimize or eliminate. Which is it? There is a lot of difference between minimize and eliminate. In one place it refers to sewage systems and another place it refers disposal systems. Is there a difference? If this ordinance was adopted 10 years ago and never enforced, he questioned if it is legally enforceable now. He recommended that the ordinance be reviewed and rewritten. David Phinizy added that the FIRM maps are not accurate in many cases because they were presented as a baseline to work from. To allow for the inaccuracy in the maps, the federal government allows the applicant to supply the data to prove whether his property is or isn't in the flood plain through a process call a Letter of Map Amendment (LOMA.) Larry Fay suggested that because Section 5.4 of the Flood Plain Ordinance states that the Board of Commissioners is the appeal body for questions, that appeals be made on a case by case basis until the ordinance can be amended to address these issues better. The Board members concurred that the appeal procedure be used on a case by case basis as suggested. Larry Fay will work with the on-site septic system designers and engineers and interested residents to look at the issues and how to address them in an updated ordinance. The state and federal guidelines will also be reviewed for ways to update the County's ordinance. Dave Phinizy reported that the FEMA office in Bellevue has a group of advisors that are willing come out and help the County update the ordinance to meet the regulations. The meeting was recessed at the end of the business day and reconvened on Tuesday morning with all three Commissioners present to meet with consultants for presentations on capital facilities plans. They then met in Executive Session with Prosecuting Attorney Mark Huth regarding potential litigation. In the afternoon the Board attended a strategy meeting with Community Services, Public Works, and Health Departments to review the County's Flood Plain Ordinance. MEETING ADJOURNED JEFFERSON COUNTY D OF COMMISSIONERS SEAL: / ..~. . . , -. .Mr VOL 'Ù rAC~ 281