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HomeMy WebLinkAboutM082294 - ........, " ). ~::··::':,~:~~;2;:~K~r.~~~~~ "<..;'.: ~..~~~.";ß:·:i:j:/~;:~::~i~ MINUTES WEEK OF AUGUST 22, 1994 Chairman Robert Hinton called the meeting to order in the presence of Commissioners Richard W ojt and Glen Huntingford. COMMISSIONERS' BRIEFING SESSION GMA UPDATE and PUBLIC COMMENT PERIOD: Approximately 200 to 250 people were present to make presentations regarding GMA and the recent Growth Management Hearings Board Order. The overwhelming majority of the speakers urged the Board to file an appeal of the order in Thurston County Superior Court and/or join with other counties in their appeals of the decisions made by the Growth Management Hearings Board. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Huntingford moved to approve all of the items on the Consent Agenda except item 4 which is to be deleted. Commissioner W ojt seconded the motion which carried by a unanimous vote. 1. AGREEMENT #G9500075 re: Coordinated Prevention Grant for Solid Waste Division of the Public Works Department; Household Hazardous Waste Facility Operation; State Department of Ecology 2. ORDINANCE NO. 12-0822-94 re: Repealing and Replacing Ordinance No. 15-1228-92 Setting Fee for the Jefferson County Permit Center - Building Division 3. AGREEMENT, Loan #94-003-24 and Exhibit A, B, C and D re: Water Quality Improvement Loan; Marcia A. Taylor 4. DELETE PROCLAMATION re: September 11,1994 as 9-1-1 DAY in Jefferson County 5. PROCLAMATION re: September 5, 1994, Labor Day, as TRY AMERICAN DAY in Jefferson County 6. RESOLUTION NO. ~ re: Creating a County Road Project #CR1152; Widen and Surface Shoulders; South Discovèry Road from M.P. 3.62 to 4.56 AND County Rural Arterial Board Program Prospectus VOL 20 rAC~ 0 1449 Commissioners' Meeting Minutes: Week of August 22, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPROVAL AND ADOPTION OF THE CONSENT AGENDA - Continued: 7. RESOLUTION NO. 96-94 re: The Statutory Vacation of Fourth and Fifth Streets in the Plat of Somerville; Kitti Cupp 8. SETILEMENT AGREEMENT re: Resolution of Disputes on the Port Townsend Community Center and Baler Building; Western Construction 9. SETILEMENT AGREEMENT re: Resolution of Disputes; Charles W. and Irene Gunstone, Reed C. Gunstone, Renae Gunstone-White and Discovery Bay Land Company 10. Two (2) County Rural Arterial Board Program Prospectus; 1) Chimacum Road Improvements from M.P. 0.41 to 1.13 and 2) Paradise Bay road Improvements from M.P. 0.00 to 1.60 11. Reimbursable Work Request; Maintenance Dredging of the Snow Creek Sediment Basin; State Department of Wildlife . 12. 13. Use of County Road Right-of-Way for Road Project Construction; Improvements to SRI0l in the Brinnon Area (from M.P. 306.02 to 306.15); Washington State Department of Transportation AGREEMENT, Consultant re: Engineering Services for the East Quilcene Road (CRI149) and the Dosewallips Road (CRI147); Bovay Northwest, Inc. 14. AGREEMENT, Consultant re: Engineering Services for Cook Avenue (CRI146) and Paradise Bay Road (CRI148); Olympic Engineering BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS DEPARTMENT Authorization to Proceed with Determinations of Value (Just Compensation) for Appraised Parcels; Chimacum Road Project No. CR0953: Commissioner W ojt moved to have the Chairman sign the deter- mination of value certificates as presented for the Chimacum Road improvement Project #CR0953. Commissioner Huntingford seconded the motion which carried by a unanimous vote. PLANNING AND BUILDING DEPARTMENT Discussion/Adoption Proposed Ordinance Repealin2' and Replac- in2' Ordinance No. 15-1228-92 Settin2' Fee for the Jefferson County Permit Center - Development Review Division: Deferred until September 6, 1994 agenda. Discussion/Adoption of Zonin2' Code Maps: Kent Anderson, Planning Development Review Division Manager, reported that the maps submitted indicate VOL 20 rAf,~ 0 1~~50 ..;.::~ ~ Commissioners' Meeting Minutes: Week of August 22, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the existing commercial areas, or approved rezones, that are in the Interim Zoning Ordinance. Kent Anderson suggested that these maps be adopted as zoning maps. Mark Huth reported that if the zoning maps, as proposed and reviewed by the Planning Commission, are adopted the County could be taken to court for not being in compliance with the Growth Management Hearings Board order. Kent Anderson's suggestion is that the Board just designate where there are existing commercial uses, but not any new areas. Commissioner Huntingford moved to adopt the maps that include only currently existing commercial zones under the Interim Zoning Ordinance and existing uses with the following changes: · Change to Map 7 as requested by Frank Ludwig and Mr. Frederickson. · Include southeast corner on Brinnon maps (Map 3). · Map the existing uses in the Four Corners area within the 660 foot radius of the intersection. Commissioner Wojt seconded the motion which carried by a unanimous vote. Cooperative Extension Agoent. Katherine Baril re: Office Space and General ProE!ram: Cooperative Extension Agent, Katherine Baril, report- ed that Cooperative Extension has asked for a more accessible, visible, space for their offices to be located somewhere out in the County. She stated that she wants to establish a community resource and education center for County residents which would be facilitated by moving the Extension offices. Bill Erwin reported that there is 3,200 square feet available in the one story portion of his building located on Rhody Drive in Port Hadlock. Carol Grondahl, President of the Jefferson County Family Community Educators, stated that she supports the move of the Cooperative Extension offices out into the County. The Board directed the Public Works Department and Katherine Baril to negotiate an agreement with W.W.W. Enterprises for their space in Port Hadlock. HEARING re: Intent to Transfer County Owned Property to the City of Port Townsend: The Chairman opened the public hearing. Gene Seton asked if any of these parcels are the property the City wanted that is located on Umatilla Street last year? Gary Rowe reported it is not that piece. Doug Mason, representing the City, reported that the Parks Committee and the City Council will be sending a site plan and proposal forward to the County soon on the Umatilla property. Public Works Director Gary Rowe then pointed out on a map where each of the properties are located. Gene Seton asked what the County is getting from the City in exchange for these properties? Chairman Hinton stated that there is no compensation for these properties. Mari Phillips, Quilcene suggested that if the County isn't getting anything from these trades, maybe they shouldn't be done right now due to the City's position on several issues. VOL 20 f'AGf 0"",*.- r:::l' .L '~,t_ J ..:i$~]1 ¿. Commissioners' Meeting Minutes: Week of August 22, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bill Marlow asked if these properties have been identified by the County as surplus property? Chairman Hinton answered that they have been, but the City asked that they not be auctioned so that they could negotiate for them. Doug Mason added that this is true of all the parcels except the one at the end of Reed Street and the one that is close to Sather Park. Bill Marlow stated that he doesn't see the point of giving this property away. He feels that there should be some value received for these properties. Geoff Flavin asked why the City wants the most northerly piece (near Reed Street?) Doug Mason explained that this property is fairly steep and the City may just place a bench on it. It has no development potential. Mr. Flavin then asked about the property near Union Wharf? Commissioner Huntingford stated that this property is under water and the Board felt that there would be less liability to the County if it was transferred to the City. Dick Broders stated that the City of Port Townsend owns some property on the side of Skidder Hill and he said that maybe the City would be willing to trade for the County properties within the City. Commissioner Huntingford noted that he suggested that to the City Parks Board. Doug Mason reported that this has not come up in the discussions he has had with County representatives and he doesn't know where Skidder Hill is located. Gary Phillips stated that if there are properties that are surplus and unusable then he feels a trade might be a good deal, but if there are properties that are of value to City or County residents then they should be allowed to bid on them, or a like exchange should happen. He doesn't feel that the County should get in a situation where they're giving anything to anybody. Chairman Hinton noted that the only property with real value is the one on Morgan Hill near Sather Park. Gary Rowe added that the County currently maintains that property on Morgan Hill. By transferring ownership to the City and placing a condition on it that it be used for recreation, the use of it will not change, but the County will no longer have to maintain it. Doug Mason reported that the property is located on the upper portion of Morgan Hill and could possibly have a view. Hearing no further public comment the Chairman closed the hearing. Commissioner Wojt moved to approve the transfer of the County owned property to the City of Port Townsend as identified. Commissioner Huntingford seconded the motion. The Chairman called for a vote on the motion which carried by a unanimous vote. Settinl! Time for Discussion of Hearin~s Board Order and County's Next Course of Action: After reviewing their schedule the Board set 9:00 a.m. Wednesday morning for discussion and a possible determination on how to proceed regarding the Western Washington Growth Management Hearings Board order. VOL 20 rAf,~· 0 1i~52 ..:::::::f:¡ilifJI. At¡¡IIIII:i¡: :II.¡' :11 QuiIcene Well Grant: Community Services Director David Goldsmith reported on the status of the grant for the development of a community well at Quilcene. Commissioners' Meeting Minutes: Week of August 22, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . Three (3) E911 Contracts: E911 Coordinator Jim Myers explained what these contracts are for: AGREEMENT #1-94-685-005, Interg-overnmental re: State funding- of Enhanced 911 throug-h $.50 monthly tax; Washington State Department of Community, Trade and Economic Development. The State agrees to pay any additional costs of implementation of the Enhanced 911 system through this tax. Total project cost is approximately $473,630 with the County portion being $173,091. Commissioner Wojt moved to approve and sign the agreement as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. AGREEMENT re: Purchase of Equipment for Enhanced 911 System: Firstline Business Systems, Inc.: Commissioner Wojt moved to approve the agreement with Firstline Business Systems as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. CONTRACT re: Service, License and Maintenance for a Computer Aided Dispatch System (for Enhanced 911); Logistic Systems, Inc.: Commissioner Huntingford moved to approve the contract with Logistic Systems, Inc. as presented. Commissioner Wojt seconded which carried by a unanimous vote. PROCLAMATION re: September 11. 1994 as 9-1-1 DAY in Jefferson County: Commissioner Huntingford moved to approve and sign the proclamation declaring September 11, 1994 as 911 Day in Jefferson County. Commissioner Wojt seconded the motion which carried by a unanimous vote. ORDINANCE re; Amendine: the Jefferson County Interior Critical Areas Ordinance No. 05-0509-94; Addine: a Sunset Provision Thereto: Commissioner Wojt moved to direct the Prosecuting Attorney to enter into the stipulation with the City as presented in the Western Washington Growth Management Hearings Board Cause No. 94-2-0012 and to approve and adopt OR- DINANCE NO. 11-0822-94 amending the Jefferson County Critical Areas Ordinance No. 05-0509-94. Commissioner Huntingford seconded the motion which carried by a unanimous vote. NOTICE OF HEARING: Chane:ine: Name of Private Road; Luck Road to Fortuna Drive: Commissioner Huntingford moved to set the hearing for changing a private road name from Luck Road to Fortuna Drive on Tuesday September 6, 1994 at 11:15 a.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. The meeting was recessed after the completion of the scheduled business and reconvened on Tuesday morning. All three Board members were present. HEARING re: SEPA Appeal Solid Waste Transfer Station; Fire District No. #6: Chairman Hinton opened the public hearing. Prosecuting Attorney Mark Huth reported that the building permit for the transfer station was issued with the proviso that there would be no occupancy until the fire flow provisions are implemented. There have been meetings between County staff, representatives of CH2M Hill the engineering firm for the transfer station and representatives of the Fire District. It was determined that the Coordinated VOL 20 ~~G~ 01f1~3 '-.1--.\: . '.<.·V·· ..;A~ ..:d¡¡::!~~!~!111 ..f.:~¡~~~~~~~~~~¡~:~I::::m:i .~;:t:¡:~rrrmrmr:::u Commissioners' Meeting Minutes: Week of August 22, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Water System Plan and the WAC's (Washington Administrative Code) that implement it would require that fire flow be provided. The most likely alternative for providing the necessary fire flow is a reservoir, tank and standpipe, system. The Prosecuting Attorney noted that the County, has in the past issued building permits on private projects with the same proviso that the certificate of occupancy not be issued until specific requirements are met. There is no danger that the County will build the facility and not follow through with the fire flow require- ments. The County had already received public bids, and issued the contract for the construction of the transfer station. Part of the contract involved the potential for delay damages if the contractor isn't able, for reasons caused by the County, to complete the contract in a timely manner. It is his understanding that the Fire District still has some concerns about negotiating a service agreement, but they are willing to withdraw the appeal based on the provision that the County won't occupy the transfer station until the fire flow is in place. Bourtai Hargrove, Attorney representing Fire District #6, stated that they would like the Commissioners to state on the record that the fire flow requirements will be met before the transfer station goes into operation. Mark Huth presented a copy of the building permit and the Board members concurred that they agree with that condition on the permit. Public Works Gary Rowe reported that they are reviewing options for providing the fire flow. It appears that building a 200,000 gallon reservoir will be necessary. The pump system will have to be rebuilt and fire flow will be provided to all the facilities on this property, not just the transfer station. The public hearing was closed. Request for Waiver of HearinJ! Examiner Appeal Fees: Develop- ment Review Supervisor Kent Anderson reported that a request has been received for a waiver of the fees for an appeal of a Hearing Examiner decision. Mark Huth reported that the filing fee must be paid to perfect the appeal. Commissioner Wojt stated concern that waiving the fee could set a precedent. Commissioner Huntingford moved to deny the fee waiver request. Commissioner Wojt seconded the motion which carried by a unanimous vote. The Board then met in EXECUTIVE SESSION regarding personnel issues with Community Services Director David Goldsmith and Public Works Director Gary Rowe. The meeting was recessed at the conclusion of the scheduled business and reconvened on Wednesday morning for the following business. All three Board members were present. Discussion of HearinJ!s Board Order and County's Next Course of Action: Commissioner Huntingford stated that he feels the County needs to appeal this decision and at the same time develop a strategy for how to proceed with complying or not complying with the Hearings Board order. 23 of the 39 counties have agreed to join in the Kitsap County case. He also feels that there will be some changes to the GMA this fall. He then moved to appeal the Western Washington Growth Management Hearings Board order to the Thurston County Superior Court. Chairman Hinton seconded the motion. VOL 20 JAr,~ 01,:5:1 ~ Commissioners' Meeting Minutes: Week of August 22, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner Wojt asked if Commissioner Huntingford is suggesting that the County appeal without complying to the order. Commissioner Huntingford stated that is not what he is saying. The governance issue and funding (under Initiative 62) for continuance of GMA work are at least two issues the appeal should be based upon. The County needs to review if the other two IUGA's should be redesignated or if it is better to wait to do that during the Comprehensive Plan update process. Something needs to be done for the rural areas of the County. This order has pretty much put a moratorium on the County. The three issues that the Hearing Board order includes need to be addressed in some way. Commissioner Wojt said he doesn't feel that the motion includes addressing the need to comply with the Hearings Board order. Commissioner Huntingford stated that he has indicated that these issues need to be addressed, but he doesn't feel that needs to be in this motion. Chairman Hinton added that the basic reason for the appeal is to obtain a stay from the Superior Court in order for the County to continue its planning process and get the issues resolved. J'he discussion continued regarding some of the possible alternatives to addressing the items in the Hearings Board order and the need for more time to review the alternatives. Chairman Hinton stated that the filing of the appeal does not preclude the continuation of the planning process. The Chairman called for a vote on the motion. Commissioner Huntingford and Chairman Hinton voted for the motion while Commissioner Wojt voted against the motion. The motion carried. Chairman Hinton explained for those present that even though there a many questions that haven't been answered, the County has determined that anyone that has a platted lot at this time that can meet all the standards for septic and water systems can apply for and be issued a building permit. The County will be developing a press release to let County residents know what's happening. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS yot 20 ~M;'· 0 1~l55 ..::~¡t1~ &tI