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HomeMy WebLinkAboutM101094 MINUTES WEEK OF OCTOBER 10, 1994 Chairman Robert Hinton called the meeting to order at the appointed time in the presence of Commissioners Glen Huntingford and Richard Wojt. Appointments to Plannine: Commission: Commissioner Huntingford moved to appoint Paul Constantine to a four year term (term expires October 10, 1998) on the Planning Commission representing the second Commissioner District. Chairman Hinton seconded the motion. Commissioner Huntingford and Chairman Hinton voted for the motion. Commissioner Wojt voted against the motion. The motion carried. Commissioner Wojt moved to reappoint Janet Welch to the Planning Commission representing the third Commissioner District because of her experience. The motion died for lack of a second. Commissioner Huntingford then moved to appoint Joy Baisch to a four year term (term expires October 10, 1998) on the Planning Commission representing the third Commissioner District. Chairman Hinton seconded the motion. Commissioners Huntingford and Hinton voted for the motion, while Commissioner Wojt voted against the motion. The motion carried. APPROVAL OF MINUTES: Commissioner Wojt moved to approve the Minutes of September 26, 1994 as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. John Kuller. President. Kala Point Owners Association re: Discussion of an Ordinance to Create a "No Shootine: Area" in Unincorporated Areas in the County: John Kuller reported that he is here representing property owners at Port Ludlow and Cape George as well as Kala Point. These people feel they need the same level of protection afforded the people of Port Townsend regarding the discharging of fire arms in the vicinity of residences. He then presented a draft ordinance to regulate the discharge of firearms based on one that was done in King County. Bill Cartwright stated that the problem is the discharge of firearms in residential areas. Some cartridges have a killing range of up to three miles. The Kala Point, Cape George and Port JŒ. 2() ~AGf () j.541 Commissioners' Meeting Minutes: Week of October 10, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ludlow communities all have regulations against shooting, but the Sheriff cannot enforce these community regulations in unincorporated areas of the County. They are requesting a two part ordinance for protection from the discharge of firearms which occur all year long, night and day. The first part of the ordinance would make it illegal to discharge a firearm within 500 feet of any residence, hiking or bicycle trail, barn or storage area where flammable liquids are stored. This type of regulation would require that the Sheriff catch the person actually in the act of shooting. The second part of the ordinance would also allow the establishment of "no Shooting" zones, if a minimum of 10 resident electors of a community submit a petition to the County requesting that a specifically described area be a No shooting zone, and a hearing is held by the Commissioners. An exemption is made to this ordinance for anyone shooting on their own property as long as the projectile stays on their property, or if written permission is giving to a person to shoot or hunt on private property. The discussion continued regarding the area that may be included in such a zone in these communities and the need for this type of regulation in densely populated areas of the County. Community Services David Goldsmith reported that the County can move forward with the process to adopt an ordinance that will allow the establishment of "no shooting zones" and then the communities can individually determine if they want to petition for one. GMA Update: GMNLong Range Planning Manager Steve Ladd reported that the draft of the rural element of the Comprehensive Plan has been completed. The Planning Commission will be holding a public workshop on this draft on October 19, 1994 at about 7:30 p.m. at the Chimacum Grange. Associate Planner Lesa Barnes reported that the Planning Commission elected Gary Phillips as the new Chairman. An election will be held for a new Vice Chairman, since Janet Welch was not reappointed to the Commission. The Planning Commission is reviewing the first draft of their goals. They will be reviewing this draft at the meeting on the 19th (between 7:00 p.m. and 7:30 p.m.) Steve Ladd added that the Planning Commission will probably hold a joint session with the Board after their review of the rural element. Of 29 counties doing GMA Planning, none of them have adopted their Comprehensive Plan yet. Public Works GMA Project Coordinator Suzanne Drum reported that the next Water Utility Coordinating Committee meeting is Wednesday October 12, 1994. Proposal from City for the 35th Street Property: David Goldsmith reviewed the City's plan for the 35th Street property, but noted that there are no provisions for backstops and baseball practice fields. He will send a letter responding to this proposal to the City listing the County's concerns and a letter to Little League asking for their review and comments on the proposal. PUBLIC COMMENT PERIOD: The following comments were made: the need for the use of County property within the City for parks which include ball fields; a request that the Board pass a policy that says that any work that is awarded to a firm outside the County, when there are qualified firms within the County to do the work, must be reviewed by the County Commissioners, and a question about the appointment of Paul Constantine to the Planning Commission and if there would be a potential conflict of interest for him because of his involvement with JAL Associates. V£1 ao UG! 01542 Commissioners' Meeting Minutes: Week of October 10, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal of Final Miti2ated Determination of Non-Si2nificance: Knutson Short Subdivision #SP-12-93. Tala Point. Port Ludlow: Robert Knutson. Appellant: Associate Planner Jerry Smith explained that the applicants appealed this threshold determination regarding the mitigation for school and fire district fees, and the requirement for an eagle management plan. The application was vested prior to the school and fire mitigation fees being imposed, so those fees can not be applied to this subdivision. Mr. Robert Kutz, Attorney for Mr. Knutson, explained that all of the appeal issues have been resolved except the eagle management plan. He also noted that he has submitted alternative language for mitigation measures 2 and 3. Mr. Knutson's engineers have submitted a slope stability evaluation plan which includes very specific recommendations for storm water management. Jerry Smith reported that the Public Works Department has reviewed the plan submitted by the Knutson's and they feel that the substitute wording will serve the same purpose as mitigation #2 and #3. Chairman Hinton asked the date the DNS was issued and if the State Department of Fish and Wildlife (DFW) submitted their comment letter (dated November 29, 1993) during the comment period? Jerry Smith reported that the DFW commented within the 15 day comment period. The final MDNS was issued January 7, 1994 with the preliminary MDNS issued November 4, 1993. The 15 day comment period ran until November 29, 1993 at 5:00 p.m. The 15 day comment period begins when the MDNS is published. Mr. Kutz then reported on the contacts made with the State DFW regarding the Eagle Management Plan. He explained that 99% of the work on the site (clearing, tree removal, limbing of trees, etc.) has been completed and the eagles are there and happy. The Eagle's nest is located in an area that is adjacent to the Knutson's property, that is heavily wooded and on a steep bluff. There is no intention to cut or disturb this area in any way, particularly by the Knutsons. The problem has been getting the DFW to reach a final determination of what they want done. The Department is saying that they want an agreement that will be binding as long as the Knutson's own the property whether there are Eagles on the site or not. In this case there are two building permits which have been issued for over a year, the houses are very near completion, there is only interior construction being done and no heavy construction outside is anticipated. There is no reason to believe that the property will be further subdivided. The Knutson's are simply asking the County to subdivide their property so that they can obtain financing to complete their houses. They are asking that the County waive the requirement for this Eagle Management Plan because all of the material elements of the plan have been satisfied. The only remaining sticking point is whether or not the plan is to be on this property in perpetuity so long as the Knutson's or any of their relatives own the property. Mr. Kutz reported that the Knutson's have agreed to 17 points regarding specific actions with respect to the Eagles. He then read the following which the DFW will not agree to: "This agreement shall terminate if the presently existing nesting site is destroyed or abandoned for five consecutive years. For purposes of this agreement occupancy will be considered to exist only if two eagles occupy the nest site during breeding season. Occasional visitation or use by one or more birds will not constitute such occupancy." The issue is that this agreement terminate if there are no eagles present after a specific period of time. He noted that the Department if Fish and Wildlife is not insisting that the plan continue if the property is sold to someone else. Commissioner Huntingford asked if Jerry Smith has had any correspondence with the State regarding this Eagle Management Plan? Jerry Smith reported that he has not had any detailed conversations with the State on this plan. Kent Anderson reported that it is his understanding that the Eagle Management Plan goes with the land, not with the property owner. If the land changes hands the Eagle Management Plan is still in effect. Mr. Kutz reported that the State Department of Fish and Wildlife has agreed to a condition that the agreement will terminate on the transfer of the property to an unrelated, bona fide purchaser for value. They recognize that they don't have the authority or the leverage to force this management plan to stay with VOL 20 ~A&~ 01543 Commissioners' Meeting Minutes: Week of October 10, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the land in perpetuity because the buildings are already there, the groundwork has already been done and the Eagles are there. Commissioner Wojt asked what obligation would be put on the Knutson's if they agreed to the Eagle Management Plan? Prosecuting Attorney Mark Huth answered that if the Knutson's sold the property they would have to disclose to the purchasers that they are bound by the conditions of the Eagle Management Plan. The County's problem, Mark Huth explained, is if there is an impact and if there is how can it be mitigated. The County doesn't need to get involved in the issue between the State Department of Fish and Wildlife and the Knutson's. The County could make a finding that whatever agreement is finalized between these parties will mitigate the impact, or the County can impose its own mitigation. Commissioner Huntingford noted that the building permits have already been issued, and asked what impacts still need to be addressed? Mark Huth reported that the building permits were exempt under SEP A, but the subdivision is not. After discussion of what mitigation measures are needed and how they should be applied (through the Eagle Management Plan or as the County's mitigation measures), Mr. Kutz suggested that the County make a finding that the agreement with the State Department of Fish and Wildlife is not necessary, but that the conditions of the plan be incorporated in the County's mitigation measures including the termination clause that the Knutson's are asking for. Mark Huth advised that the County cannot agree to a termination clause for the conditions. Kent Anderson reported that the Critical Area maps show an Eagle within this area, so there is an impact. Mr. Kutz added that he feels it is within the authority of the Commissioners to find that although there is an impact, the impact has been mitigated by the construction measures employed and that it's not necessary to enter into an additional plan. Mark Huth pointed out that this would not provide any protection in the future if the property was sold. Commissioner Wojt moved to adopt the wording changes in the place of mitigation measures 2 and 3 as presented by the project proponent, eliminate the conditions regarding the school district and fire district fees (mitigation measures 4 and 5) and adopt the balance of the mitigation as presented. Commissioner Huntingford seconded the motion. The Chairman called for a vote on the motion. Commissioner Huntingford and Commissioner Wojt voted for the motion and Chairman Hinton voted against the motion. The motion carried. Mr. Kutz stated that if the Knutson's are unable to reach agreement with the State Department of Fish and Wildlife, then they would like to be able to come back and withdraw their subdivision application. Mark Huth suggested that if the Knutson's can't come to an agreement with DFW, they can suggest their own mitigation measures to the County. Kent Anderson offered to work with the Knutson's and DFW to resolve this issue. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to approve all the items on the Consent Agenda except 2, 8, 9, 17 and 18. Commissioner Huntingford seconded the motion which carried by a unanimous vote. After discussion with the Prosecuting Attorney regarding the subdivision moratorium and how that relates to vested subdivisions, Commissioner Wojt moved to approve items 8, 9, 17 and 18 as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. AGREEMENT re: Defense, Hold Harmless and Indemnification for the Participation in the Job Training Partnership Act (JTP A); Olympic Private Industry Council (OPIC) 2. DELETE RESOLUTION NO._ re: In the Matter of the Proposed National Marine Sanctuary For Northern Puget Sound 3. RESOLUTION NO. 109-94 re: In the M'atter of Revising a County Project Designated as CR1148; Paradise Bay Road IJOL"2ð U~~ 01544 Commissioners' Meeting Minutes: Week of October 10, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE CONSENT AGENDA - Continued: 4. AGREEMENT re: Consultant Engineering Services to Provide Preliminary Existing Roadway Plans for Paradise Bay Road Project, CRl148; Map Ltd. 5. RESOLUTION NO.II0-94 re: In the Matter of Creating a County Project designated as CRll17; West Egg and I Road 6. AGREEMENT re: Consultant Engineering Services to Provide Plan, Specifications, and Estimates for West Egg and I Road Project, CRll17; Polaris Engineering 7. Approval of Amended Preliminary Long Subdivision, SUB940056; Adding Condition #34 re: School District #49 Mitigation Fees; Carole and John Swallow 8. Approval of Preliminary Subdivision, SUB94-0043; Subdividing a 2.5 acre Parcel into 5 Residential Lots Located off of Masonic Hall Road, Hadlock; Ken & Marion Olson 9. Approval of Preliminary Subdivision; Long Plat #LPA94-0001; Subdividing 50.36 Acres to Create Ten Parcels; Blueberry Hill Subdivision, Toandos Peninsula; JAL Associates 10. CONTRACT, Amendment re: Term Extension and Reimbursement Rate Updates to the Olympic Peninsula Primary Care Dental Program; Kathi Doty 11. CONTRACT, Amendment re: Term Extension and Reimbursement Rate Updates to the Olympic Peninsula Primary Care Dental Program; Sheila Pickett 12. CONTRACT re: Renewal of Annual Grant to Support the Jefferson County Interagency Coordinating Council (ICC) for the Infant-Toddler Intervention Program; State Department of Social and Health Services 13. CONTRACT re: Quilcene Community Center Planning Grant, Project QCl140; State Department of Community, Trade and Economic Development 14.AGREEMENT re: Administrative Services for Jefferson County Flexible Benefits Plan; Benefit America, Inc. 15. Adopt Recommendation of Hearing Examiner; To Transfer and Designate 12.33 Acres for Current Tax Use Assessment as Open Space; Located near Lindsay Beach Road, Bolton Peninsula; Hitoshi Kawahara 16. Adopt Recommendation of Hearing Examiner; To Transfer and Designate 65 Acres as Timberland for Current Tax Use Assessment as Timberland Open Space; Located off of Lindsay Hill Road, Quilcene; Hitoshi Kawahara 17. Adopt Recommendation of Hearing Examiner; To Approve Conditional Use Application to Construct a Church Building with a 450 Seat Auditorium and Required Parking; Located off of SR19 (Rhody Drive) Between Four Comers Road and Prospect Avenue; lrondale Evangelical Free Church 18. Adopt Recommendation of Hearing Examiner; To Approve Binding Site Plan to Create a 45 Lot Mobile Home Park on 25 Acres, to be Known as Port Hadlock Village; Located in the Tri-Area Interim Urban Growth Area near Chima cum Road and Elkins Road; Dick Broders 19. Memo to Kent Anderson, Manager of Development Review re: Communication Towers Frank Gifford re: Discussion of Shold Business Park Lease for Cooperative Extension: Frank Gifford presented plans and reviewed the costs for the space in the Shold Business Park to accommodate the office spaces for the Cooperative Extension. Mter reviewing the plans and the proposed costs, the Board concurred that Frank Gifford enter into contract negotiations with the Shold Business Park for Cooperative Extension office space. Hearine: Notice re: Proposed Chane:e to Section 3. Definitions - Accessorv Dwelline: Unit -- of Ordinance No. 09-0801-94: Commissioner Huntingford moved to approve the hearing notice setting the public hearing on the proposed amendment to Section 3.10 #4 (Definitions - Accessory Dwelling Unit) of Ordinance No. 09-0801-94 for October 24, 1994 at 2:00 p.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. . VOl 2Õ " ~AG! 0 1545 r Commissioners' Meeting Minutes: Week of October 10, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Proposed National Marine Sanctuary For Northern Puget Sound: Commissioner Huntingford moved to approve RESOLUTION NO. 111-94 for the proposed national marine sanctuary for the Northern Puget Sound. Commissioner Wojt seconded the motion which carried by a unanimous vote. MEETING ADJOURNED Lorna Delaney, Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS VOL 20 rAGf o 1516