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MINUTES
WEEK OF JULY 11, 1994
The meeting was called to order by Chairman Robert Hinton in the presence of
Commissioners Glen Huntingford and Richard Wojt.
COMMISSIONERS' BRIEFING SESSION
Treasurer IIa Mikkelsen re: Discussion of County Property to be Declared
Surplus: IIa Mikkelsen reported that she is following up on properties targeted last year
to possibly be declared surplus this year. Some of these properties are parcels that the
City had expressed an interest in and were to negotiate for within the year. If the Board
would like any of these properties declared surplus, now she can include them in the
foreclosure sale which is scheduled for December. After discussion of each parcel listed
the Board concurred that the properties that the City has expressed interest in be held for
another four to six weeks before any action is taken on them.
Gary Rowe reported that there is a change in the law that requires that the County notify
the State Department of Community, Trade and Economic Development when they have
surplus County property.
Public Works Director Gary Rowe re: Approval of Option to Lease Space
at Castle Hill Mall: Gary Rowe explained that the space at the Castle Hill Mall
previously occupied by Dave's Drug has become available to lease. The Health Depart-
ment is located on one side of this space and the Permit Center is on the other side. A
letter needs to be sent to the property owner if the County intends to lease this space so
that the negotiations regarding rent and improvements can be started. The Cooperative
Extension and the Planning Department offices have been tentatively identified to move
into this space. Chairman Hinton stated that he would like to look at the estimated costs,
and the options available before making a decision on this. Gary Rowe reported that he
will ask for an extension of time for the County to exercise this option. Chairman Hinton
suggested that a meeting be scheduled for next Tuesday to review this matter.
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Commissioners' Meeting Minutes: Week of July 11, 1994
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GMA Update: GMA Proj ect Manager Steve Ladd thanked the Board for
adoption of the resource land ordinances last week. He and Chairman Hinton both noted
that they felt that Prosecuting Attorney Mark Huth did an exceptional job representing the
County in front of the Growth Management Hearings Board, and that they appreciated his
efforts which included many extra hours of work. Steve Ladd then reviewed the schedule
of various meetings concerning GMA issues.
Roger Aegerter, Associate Planner, presented and explained the timeline and progress on
the elements of the Comprehensive Plan update. He reported that this is an optimist
timeline and it doesn't include any additional time for contingencies. He also submitted a
list of the bottlenecks to the process: 1) existing land use maps, 2) the land use element,
3) GIS mapping, 4) integration of community plans, 5) change in population projections,
and 6) consensus on plans.
Steve Ladd then explained the idea of a "Correspondence Committee" as a way to increase
public input on the elements of the Comprehensive Plan. Chairman Hinton stated that he
sees this proposal as a big can of worms and he opposes it. Commissioner Wojt added
that he has questions about taking the first 50 people who apply to be on the committee
because this method wouldn't provide for any balance of interest on the committee. He
also questioned the cost of the program and if this forum would provide any useful
information and comments. Commissioner Huntingford stated that he was interested in the
idea, but he can see that it will be more work. He feels that it would be better to just
work within the public process we now have.
Chairman Hinton then reviewed the regulatory requirements for a short plat, as well as the
time and costs associated with the implementation of the regulations, and how complicated
and costly a process this is. He urged that all of the County ordinances be reviewed to
see how they can be made simpler and more cost effective. Commissioner Wojt agreed
that the County's ordinances should be reviewed to make sure they are as streamlined as
possible, but he noted that all these ordinances were developed to address real problems.
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PUBLIC COMMENT PERIOD: The Planning Commission's role in public
involvement and the planning process was discussed.
David Goldsmith re: Request for An Additional Staff at the Permit Center:
David Goldsmith reported that the issue that has come up during meetings planning the
implementation of the Critical Areas Ordinance is the need for additional staff at the
Permit Center. He explained that the Permit Coordinators are feeling overwhelmed with
questions about the Critical Areas Ordinance which has impacted them being able to help
their customers. The two areas that are impacted most are answering the phone and data
input. The request today is for an additional secretary/receptionist position to handle the
phones and the daily data input. The costs for office space and equipment would be about
$13,000 with salary and benefits being about $21,000 per year. The Center is currently
running with a $25,000 surplus of revenues over expenditures.
Mike Ajax, Building Official, stated that the part time Building Inspector is currently
working four hours per day. He is asking to have this position expanded to full time
which will allow two more hours per day for inspections. The other two hours will be
used for doing plan checks. David Goldsmith added that if it is found in the future that
the volume of building permits falls off, the hours can be adjusted.
Commissioner Huntingford moved to have staff propose new building permit fees and to
approve the addition of a new SecretarylReceptionist position at the Permit Center.
Commissioner Wojt seconded the motion which carried by a unanimous vote.
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APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis-
sioner Huntingford moved to delete items 2 and 4 and adopt and approve the balance of
the items on the Consent Agenda as presented. Commissioner Wojt seconded the motion
which carried by a unanimous vote.
1. RESOLUTION NO. 79-94 re: Authorizing Donation by County Employees of Accrued
Sick Leave and Establishment of a Sick Leave Bank
2. DELETE Preliminary Short Plat Approval SPA94-0006; 2 Lot Subdivision off of Oak Bay Road; Carol and Mark
Moriarty
3. Request for Payment of Third Quarter Allotment $1,500; Teen Resource Center (Coyote
Foundation)
4. DELETE Preliminary Short Plat Approval; 4 Lot Subdivision off of Flagler Road; Nordby-Clark
APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the
minutes of June 27, 1994 as presented. Commissioner Huntingford seconded the motion
which carried by a unanimous vote.
BUSINESS FROM COUNTY DEPARTMENTS:
PLANNING AND BUILDING DEPARTMENT
Review of ZODiD2 Code Maps for Hearin2 Publication: Lesa Barnes,
Associate Planner, reviewed the maps that will be published for the hearing scheduled on
June 28, 1994 at 7:00 p.m. at the Tri Area Community Center. The Board concurred that
the maps be published as amended,
Prosecutin2 Attorney Mark Huth re: Discussion of Proposal to Use County
Property. Upland from DNR Lease on Dabob Bay: Jeffrey Delia. Delia's Broadspit
Oyster Co.: Mark Huth reported that there is some controversy over Jeffrey Delia's
commercial oyster operations due to his use of a portion of County owned property at
Broad Spit. Mr. Delia was asked to submit a request for permission to cross and use
County property. Mr. Delia has submitted a request for certain uses of the property (dated
June 20, 1994.) Since that letter was submitted, it has been found that the County
records for Tideland Tax B indicate that it was donated land with the stipulation that it be
held as a community beach in conjunction with the upland property. The intent was that
both of these parcels be used for park purposes. The deed must be researched to see if
there is a reversionary clause which states that if the property is not used for park
purposes it reverts back to the original owner. This would preclude the County from
leasing the property for a commercial purpose, but it would not preclude the County from
allowing public access across the property. Mr. Delia's letter indicated that he would like
to store his oysters on the County property, which cannot be done, unless the deed allows
the County to use the property for other than park purposes.
Chairman Hinton asked if this property, which was dedicated for public use, has to be
opened in some way by the Board before the public can use it? Mark Huth answered that
the County should take some formal action to open the property for public use after an
investigation is made to determine that it is safe for recreation purposes. He suggested
that the Public Works Department investigate the property status and then the Board could
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Commissioners' Meeting Minutes: Week of July 11, 1994
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officially open the property for public use. If this was done, then Mr. Delia could get
access to his DNR tidelands lease.
Chairman Hinton asked if Mr. Delia could be granted temporary permission for access
across this property until the records are researched and the property is formally opened
for public access? Mark Huth reported that Mr. Delia could be given a license to cross
the property. This license would not be exclusive. The Board needs to decide if they
want to post "No Trespassing" signs to keep people off the property for now, or if they
just want to let things go on the way they have been.
Dave Ellis reported that there are other State beaches, in this area, that have "boat only"
access, and there are many people that use these beaches.
Commissioner Wojt asked how much of that tideland property oysters can be grown on?
Mrs. Delia reported that the area where they previously stored some oysters would have to
be seeded. There is some incidental oyster set in that area, but most of the oysters are
lost to winter freeze or summer heat. That area is not in the water as much, which makes
it harder to grow oysters, The area is about 50 feet by 300 feet in size. The rest of the
beach is bank and the oysters can't grow there.
Commissioner Huntingford asked how far out Mr. Delia's lease extends? Jeff Delia
answered that his lease begins about 75 to 100 feet out from the toe of the bank, in steep
bank areas, and in the areas where the bank slopes gradually it may begin out about 200
to 250 feet.
Commissioner Wojt asked what use of the property Mr. Delia needs beside access to the
beach? Mr. Delia reported that they need to store oysters that are ready for market and
winter harvest in the flat area. This area is the highest point that they can move oysters
from weekly. Commissioner Huntingford asked if there are any other tidal areas that they
can lease from the State for these uses? Mr. Delia reported that he has checked with the
State Lease Administrator who reported that there is a moratorium on tideland leases, due
to a Tribal lawsuit. He discouraged them from thinking that the old Coast Oyster property
may be available in future.
Chairman Hinton asked how many vehicles cross the stream on to the beach in a day?
Mrs. Delia reported that in the winter it would be one time per tide day, while in the
summer its from one to three vehicles per day. Mr. Delia added that during the oyster set
they hire part time help. They usually have the help park their vehicles at Lakeness
Oyster Farm and then take them to the site in one truck. Mark Huth submitted a
proposed license to use right-of-way that was drafted by the Public Works Department.
Gary Phillips then reviewed what portion of the tidelands and uplands he owns in this
area. After some discussion of a proposed license, Mari Phillips asked if the license
would include a condition limiting the vehicle trips through the stream? The discussion
continued regarding the number of vehicle trips necessary. Jeff Delia reported that for a
period of approximately three to five days once a year, when the seed is set, they cross
the stream up to as many as 20 times per day. Commissioner Wojt asked if the concern
is the number of vehicles or the number of trips per day? Gary Phillips reported that
there are a lot of buffer requirements regarding the stream on the properties upstream and
in order to make an impression on the upland property owners to go along with those
requirements, they don't want to see an excessive amount of traffic in the stream below.
Mari Phillips reported that she is also concerned about the amount of debris left on the
beach from this industry. There are pallets, broken styrofoam, broken pipes, bags, tires,
etc. left all over the beach. This is unsightly, and polluting. She also asked how the
County will enforce the conditions on the license?
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Commissioner Huntingford moved to have the Prosecuting Attorney redraft the license
granting Mr. Delia access to his tidelands lease across this County property with an
additional condition that the license will be null and void when the property is officially
opened for public park purposes, and that the vehicle trips per day be limited to three
except during the oyster set (seed) period once per year.
Viki Kocha asked if the other upland property owners can get a license to access this
beach also? Chairman Hinton noted that the County will be researching the deed on this
property and if it allows, and the County finds that it is safe, the property will be open for
public use. Commissioner Huntingford asked if she is asking for permission to walk on
the beach? Mrs. Kocha stated that is correct. Mark Huth reported that the Public Trust
Doctrine grants certain rights to people to walk over tidelands.
Chairman Hinton called for a vote on the motion. The motion carried by a unanimous
vote.
Request for Full Reconvevance: CDBG Loan Paid in Full: Robert and
Susan Melnyczenko: Commissioner Wojt moved to approve the request for full recon-
veyance for Robert and Susan Melnyczenko (Auditor's File #269459 and #272163.)
Commissioner Huntingford seconded the motion which carried by a unanimous vote.
Authorization for Use of North Beach County Park: Surf and Turf Chal-
len2e: Jefferson Search and Rescue: Commissioner Huntingford moved to approve and
have the Chairman sign a letter authorizing the use of North Beach County Park for the
Jefferson Search and Rescue Surf and Turf Challenge. Commissioner Wojt seconded the
motion which carried by a unanimous vote.
Ben Kizer. District Ran2er. Ouilcene Ran2er Station re: Briefin2 on
Americorp Pro2ram: Ben Kizer and Dave Johnson of the Qui1cene Ranger Station
reported on three young adult programs the U.S. Forest Service is currently operating in
this area: Youth Conservation Corps, Americorps (in service to America Program), and the
Youth Forest Camp.
MEETING ADJOURNED
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
cI~~M~
Lorna L. Delaney,
Clerk of the Board
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