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HomeMy WebLinkAboutM112894 MINUTES WEEK OF NOVEMBER 28, 1994 The meeting was called to order at the appointed time by Chairman Robert Hinton. Commissioner Glen Huntingford and Commissioner Richard Wojt were both present. Assessor Jack Westerman. Treasurer IIa Mikkelsen and Clerk Marianne Walters re: Elected Officials Salaries for 1995: Ila Mikkelsen reported that last year the elected officials agreed that their salaries be reviewed for adjustment in 1995. The salaries in eight counties were evaluated last year for the implementation of a salary system for mid- managers. The salaries for elected officials, in those same eight counties were evaluated and the average salaries are: $44,000.00 for the Assessor, Clerk, Auditor, and Treasurer; $51,700 for Sheriff and $64,608.00 for Prosecutor. Only Skamania and Wahkiakum Counties pay their elected officials less than the Jefferson County. The elected officials are asking that their salaries be brought to this average in 1995. There are 20 counties with more assessed value and 18 counties with less assessed value in the State, Jack Westerman reported. Appointment to Plannin2 Commission: Vacancy for District #1: After reviewing the applicants for this position, Commissioner Huntingford moved to appoint Jim Parker to the unexpired term on the Planning Commission (term will expire September 30, 1996) repre- senting Commissioner District No. 1. Commissioner Wojt seconded the motion. Commis- sioner Huntingford and Commissioner Wojt voted for the motion. Chairman Hinton voted against the motion. The motion carried. GMA Update: Public Services Director Gary Rowe reviewed the calendar of GMA work for the Board: · The Planning Commission hearing on the draft Rural Overlay Zone Ordinance is scheduled for Monday December 12, 1994 at 7:00 p.m. at the Chimacum Grange. · The Western Washington Growth Management Hearings Board compliance hearing (appeal of the IUGA Ordinance) is set for next Monday (December 5, 1994) in the Public Works Conference Room at 1:30 p.m. · Tuesday November 29, 1994 there will be a workshop from 8:30 a.m. to Noon (Commissioners Chambers) with Henderson & Young who will be presenting the providers ~VOL ~o r.:. f .\f,: O ·1 Q02 . . _~j.J Commissioners' Meeting Minutes: Week of November 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . portion of the requirements and the revenue resources report for the Capital Facilities element of the Comprehensive Plan. · December 12, 1994 the draft Aquifer Recharge section update of the Critical Areas Ordinance will be prepared for the Board to review and set a public hearing possibly for December 27, 1994. · December 15, 1994 there is a Growth Management Steering Committee meeting. · December 6, 1994 from 1:00 to 2:30 p.m. there will be a workshop on the Agriculture/Mineral Lands Ordinance in the Chambers. · December 8, 1994 a follow up meeting on the Aquifer Recharge area update is scheduled at 2:00 p.m. PUBLIC COMMENT PERIOD: The following items were discussed: The Board's position on GMA planning, the community plans, the update of the Comprehensive Plan and the interim ordinances; a report on a statewide County Commissioner meeting where GMA was discussed; the County's full page advertisement in the Leader and if that is a waste of tax dollars; the need and how to educate the public on what GMA is and what it means; the need for the Board to put what they understand of GMA and the choices they are making, in the newspaper; a suggestion was made that Gary Rowe write an update on GMA for the newspaper each week; and the need for real information presented in a timely way to keep the people informed. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to adopt and approve the items on the Consent Agenda as presented. Commis- sioner Huntingford seconded the motion which carried by a unanimous vote. 1. AGREEMENT re: Work for the Economic Development Component of the Jefferson County Comprehensive Plan; Economic Development Council 2. RESOLUTION NO.126-94 re: In the Matter of Granting a Non-Exclusive Franchise On County Road Rights of Way; John and Jeanne Ingebretson, Petitioners 3. Approve Letter to Citizens re: Growth Management Act Shoreline Mana2ement Commission's Recommendation: Shoreline Permit Variance #SDP94-0004: Construction of a Pier and Dock on Port Ludlow Bay: Louis and Phyllis Scott Applicants: The Chairman reported that there has been correspondence from the Attorney representing the Scott's requesting that an appeal hearing be scheduled. Commissioner Wojt moved to set the appeal hearing for January 23, 1994 at 2:00 p.m. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Emere:ency Ordinance: Extendin2 the Timeframe for Desi2nation of Forest Resource Lands: Gary Rowe reported that this draft emergency ordinance is to extend the timeframe for designation of Forest Resource Lands from November 30, 1994 to December 14, 1994. Mter discussion of the paragraph regarding the further development of alterna- tives by County staff, the Board agreed that the wording be changed to ''further development of alternatives". Commissioner Wojt moved to approve ORDINANCE NO. 17-1128-94 with the change in wording as discussed. Commissioner Huntingford seconded the motion which carried by a unanimous vote. VOL 20 rAG~ 0:1993 Commissioners' Meeting Minutes: Week of November 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AGREEMENT re: A License to Use and Maintain County Road Ri2hts of Way: Hiller Drive and Oak Bay Road: June D. Rubado: Public Works Administrative Assistant Eileen Simon reported that this request is to keep a parking area and garden on this portion of right-of-way. This is one of many licenses issued over the years on this right- of-way. Ms. Rubado is the new owner of the property adjacent to this right-of-way. Commissioner Huntingford moved to approve the license agreement for use of County road right-of-way as presented for June Rubado. Commissioner Wojt seconded the motion which carried by a unanimous vote. Review and Approval of Final Ed2ewood Plat: Pope Resources: Gary Rowe asked that the Board add the review and final approval of the Edgewood Plat to the agenda for this week. The Board concurred that this final plat review be placed on the agenda for 2:00 p.m. on Tuesday November 29, 1994. HEARING re: Intention to Sell Surplus County Real Property: Treasurer Ila Mikkelsen reported that title searches have been ordered on all parcels to be sold and all but two, are tax title properties. Parcel # 001-213-018 (Tax 1 in the Twiggs Short Plat) and Parcel #821-073-007 (a small triangle of property off of Beaver Valley Road) must both be declared surplus to be sold. The Chairman opened the public hearing. Robert Greenwav asked about the 35th Street Property and if the negotiations on it are continuing with the City? Commissioner Huntingford stated that discussions on this property are continuing with City Councilmen Dan Harpole. Robert Greenway asked if the property could be pulled from the sale to allow area residents to gather money to purchase the pro- perty at a future time, if the negotiations with the City fail? Ila Mikkelsen answered that any property can be taken out of the sale up to 5 p.m. the day before the sale. Gene Seton stated that he objects to the County holding the 35th Street property from the sale if the negotiations with the City fail. Ila Mikkelsen reported that Stokes Auction will be advertising the sale and doing the auctioneering work for the County. Chairman Hinton reported that a proposal for the City to purchase the property behind the Back Alley Tavern will be taken before the City Council tonight for approval. Hearing no further public comment the Chairman closed the hearing. Commissioner Wojt moved to declare the following parcels of County property surplus: Parcel # 001-213-018 (Tax 1 in the Twiggs Short Plat) and Parcel #821-073-007 (a small triangle of property off of Beaver Valley Road). Commissioner Huntingford seconded the motion which carried by a unanimous vote. Port Townsend Ma2net Center re: Letter of Support for Fundin2: Dick Lutz: Dick Lutz reported that the Magnet Center has been in operation for two years and has been successful in meeting the needs of the citizens of the County. The Farmers Home Ad- ministration funding for this program will be ending on January 1, 1995 and more funding sources are needed to continue this work. He asked that the Board support this funding request for the Magnet Center. VOL 20 ~Ar;~ 0 1 :)94 Commissioners' Meeting Minutes: Week of November 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner Huntingford asked what the chances are for the Magnet Center to get this funding and what they will do if they don't get it? Dick Lutz reported that they will be looking at private, State and Federal funding sources in addition to this funding. Commissioner Huntingford moved to sign the letter of support for the Magnet Center funding request. Commissioner Wojt seconded the motion which carried by a unanimous vote. HEARING re: Appeal of Short Subdivision #SP-03-89: Three Lots located three miles south of Kalaloch Lod2e on U.S. Hi2hwav 101: Richard J. Niichel Applicant: The Chairman explained the hearing procedures and asked the following questions: Q) Is there anyone in the audience who objects to the participation of any of the County Commissioners in these proceedings? A) No one objected. Q) Do any of the Commissioners have an interest in this property or issue? A) All three Board members answered no. Q) Do any of you stand to gain or lose any financial benefit as a result of the outcome of this hearing? A) All three Board members answered no. Q) Can you hear and consider this in a fair and objective manner? A) All three Board members answered yes. Q) Has any member of the Board engaged in communication outside this hearing with opponents or proponents on the issue to be heard? A) All three Board members answered no. Prosecuting Attorney Mark Huth reported that a written report on this subdivision was submitted for the Board's review. This report indicates that Mr. Niichel submitted an applica- tion for a short subdivision on July 18, 1989 and the Planning Department issued a summary denial on the three lot short subdivision on August 21, 1989. Mr. Niichel then submitted an appeal of the denial. During that period of time a decision was issued by the U.S. Supreme Court (Brenda Ie v. confederated Tribes and Bands of the Yakima Indian Reservation) which brought into question the authority of Indian Tribes and County governments regarding zoning of non-Indian, fee owned property within the boundaries of an reservation. In an attempt to straighten out that potential problem, the County began negotiations with the Quinault Indian Nation regarding jurisdiction and authority over zoning within the boundaries of the Indian Reservation. A memo was sent to Mr. Niichel on October 5, 1989 advising him that his appeal letter had been received and pending the outcome of the negotiations with the Quinault Indian Nation, his appeal was suspended. In February 1993 Mr. Niichel sent another letter asking that the County process his appeal. No action was taken on that letter at that time. The hearing was opened on the November 8, 1994 and continued to today's date. No public appeared at the November 8, 1994 hearing. Mark Huth noted that the basis for the original denial are: 1) The subdivision didn't comply with portions of the Comprehensive Plan. Since that time the denial has been reviewed and it was found that the Comprehensive Plan does not include regulations for the Quinault Indian Nation Reservation. 2) The short plat did not meet the County Health regulations for septic systems in existence at that time. The Board can uphold or reverse the denial of this short subdivision or remand the short plat back to the Planning Department for further action. Chairman Hinton noted that one of the reasons for denial of the subdivision was the septic system not meeting Health Department regulations? It appears, from the Health Department's VOL 20 ~~r,~ o t~9S Commissioners' Meeting Minutes: Week of November 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . letter, that a site evaluation was not done? Mark Huth advised that is correct the determina- tion was made from an assay of the soil maps of the area. Commissioner Wojt asked if, when a highway runs through a parcel if that creates two lots? Permit Center Manager Kent Anderson reported that is only true if the lots were created before the Highway was developed. Mark Huth explained that there are only three lots being created by this short plat (not six lots) and the lots would span the highway. Richard NiicheI. Applicant. stated that he is concerned that someone on County staff has made a determination, without the Board's knowledge, that this application was not going to go through. He then related his dealings with Planning staff regarding this short plat. He noted that he was not told that this area wasn't covered by the Comprehensive Plan by the Planning Department staff. He only found that out after checking the records in the Commissioners Office. The Comprehensive Plan map shows that there is a narrow line around the boundary of the County, which is denoted in a gray color with dots. The maps indicates that areas denoted in this manner are one unit per acre. He further explained that he asked whether the Planning Department staff kept a diary of the contacts on this short plat. He was told by a Planning Department staff member that there was no such diary, but that everything on the plat is kept in a file. Mr. Niichel then referred to Attachment N of the information submitted by the Planning Department, which is a chronology of the Planning staff contacts with regard to this short plat. Mr. Niichel recounted his actions, the County Commissioners and staff actions, and the actions of representatives of the Quinault Indian Nation after the Brendale decision was issued, and his interpretation of the Brendale decision. His position is and has always been that the Indians don't have any jurisdiction over his property. He then noted with regard to his appeal that there was no site evaluation by the Health Department before the denial was issued. They only referred to a soil survey of the County which indicated that the soil type in this area was poorly drained. The Indians indicated in their letter that this property drains too fast because it is all gravel. He was led to believe, by Planning Department staff, that a site evaluation was done. He noted that the lot design has sufficient land with suitable charac- teristics to meet County standards on each of these lots. The Indian Planner complained that the building site on the ocean side of the lots included a ravine and they felt didn't have enough land for a building site. Mr. Niichel feels that the reasons for the denial do not exist and that the only reason that the short plat was denied was because the Indians determined that it should be denied. He is asking that this short plat be approved by the County, unless there are legitimate reasons for denying it. He urged the Board to read the letters from the Quinault Indian Nation, especially from Joe DeLaCruz (Attachment G), and noted that he feels that the statements in that letter are not correct. Commissioner Wojt asked what relief Mr. Niichel would like from the County? Mr. Niichel stated that he has a damaged claim against the County and he is amending that claim to include damages under RCW 60.40. He has made an application for a short plat which was denied for false reasons. He has been asking that his appeal of that denial be heard for the past four years. He stated that he wanted the Board to have as much information as possible about what has been going on here. Chairman Hinton asked if Mr. Niichel was present at the August 14, 1989 meeting of the County Commissioners? Mr. Niichel answered that he was not involved, but he was led to believe that no such thing happened. He came to another meeting in September at which time, people acted like there had been no other meetings. He has not been advised of any other meetings or activities of the County with the Tribe. IJOL 20 ~A&~ 01-996 Commissioners' Meeting Minutes: Week of November 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman Hinton then asked about Mr. Niichel's comment on the shaded area around the Comprehensive Plan map? Commissioner Huntingford noted that the map has the same type of marking as the Optimum Land Use Map for one acre tracks. Mr. Niichel explained that he was told by Planning staff that was how they determined that his subdivision didn't meet the requirements of the Comprehensive Plan. Mark Huth noted that the density requirement is one per five acres, not one per one acre as stated by Mr. Niichel. Mr. Niichel agreed that is correct. Mark Huth reported that this short plat was filed under the old Subdivision Ordinance (2nd Edition). Summary approval by the Planning Department was required. The conditions would have been placed on the short plat had it been given summary approval. He added that the Board could remand this back to the Planning Department and direct them to have a site eval- uation done for the soils and to clarify exactly what specifically the problems are with the lot configuration. Commissioner Wojt asked who the purchasers of these platted lots would be dealing with in the future? Mark Huth reported that if the County approved the plat, the County would be asserting its land use jurisdiction over this property. Any lot owner wanting to build would come to the County for their building permit. It would be up to the Tribe to take whatever action they felt necessary, if any, to avert that building. That could be anything from a lawsuit against the County and the property owner, to trying to seize the equipment. This would be up to the Tribe. Commissioner Wojt asked what the County's policy has been regarding who has jurisdiction over this land? Mark Huth reported that there is a Memorandum of Understanding which this project isn't subject to because it was submitted prior to that MOU being developed. The MOU said that the Tribe would agree that the County could enact a land use regulation for that property after going through the required public process. The property owners were advised that before the County enacted a change to the land use regulations, there would be a public hearing to allow them input into the matter. The MOU said that it would not become effective until all parties signed off on it. Grays Harbor County was part of it and they still haven't signed off on it. When the MOU was complete, the County would have held a public hearing to see if the regulations that the Tribe had negotiated with the County to govern lands on the reservation, would have stood up through the public process and eventually been adop- ted by the County as part of the land use code. The MOU negotiations with the Tribe broadened the opportunity for development of these parcels. The County's position was to get the Indians to open their idea of what could be done with these properties to a reasonable extent, rather than litigate the issue with them. It would be a more efficient method of doing business. Since the MOU has come to an impasse in Grays Harbor County, and Mr. Niichel wants his appeal heard, Mark Huth advised that the underlying decision needs to be made regarding whether or not the County is going to assert its jurisdiction. If the appeal is denied based on the jurisdictional question the fight will be with Mr. Niichel, rather than the Indian Tribe. Mr. Niichel added that Jefferson County comprises a very small portion of the Quinault Indian Reservation, but all of the Reservation properties owned by fee owners (Indian and Non- Indian) are within Jefferson County. Guy McMinds, representing the Indian Tribe, called each of the fee owners in Jefferson County and asked them to sell their property to the Indians. They indicated that they would get an appraisal. The County Assessor appraised his property at $1,200 a front foot. That amount was reduced by 25% because there was too much front footage (over 150 feet of waterfront). It was then reduced 50% more because of the uncertainty of the land use jurisdiction. The Indians offered far less than the appraised value to the property owners that responded to their offer. \/01_ 2 0 r~r>ç n 1997 Commissioners' Meeting Minutes: Week of November 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner Huntingford asked if since Mr. Niichel is vested under the old subdivision ordinance shouldn't something have been done on this application before now? Mark Huth answered that if the County had granted the subdivision, then Mr. Niichel's subdivision would probably have been reviewed by the Indian Tribe under their Wilderness zoning. If the MOU had been approved then Mr. Niichel could have modified or submitted a new application and the whole thing might have been worked out. Mr. Niichel then reviewed the history of the development of the Quinault Indian Reservation. Why some of the property was sold as fee title properties, and how the Tribe has been down zoning properties in order to force the value down so the Tribe could take those properties back. The Chairman then opened the hearing for public comments. Flovd Dickinson stated that he owns 1,200 lineal feet of ocean frontage in this area. The Indians approached him two years ago to have his property appraised. They advised that they would appraise it and then work together with him to come up with a reasonable price. Without the MOU, Mr. Dickinson was advised his property was worth over a million dollars. The offer by the Tribe, on the basis of their appraisal was $170,000. Jurisdiction is a big item. They pay taxes to the County, but the Indians tell them they can't subdivide or build. Ken Moriarity stated that his property runs along side of Mr. Niichel's property northward to the south Park boundary (known as the Morrison gravel pit.) Chairman Hinton asked if there can be concurrent zoning jurisdiction for the County and the Tribe? Mark Huth reported that if there was concurrent jurisdiction then the Tribe and Coun- ty would have to come to an agreement on what the regulation would be and who' would ad- minister it. The regulation would have to be developed with input from the County's citizens. The Brendale case says the jurisdiction is either the County's or the Tribe's. In that case the Yakima Tribe has open area on the reservation where the Brendale case says that the County has jurisdiction and on the closed areas of the reservation the Tribe has jurisdiction. There are towns within the boundary of the Yakima Reservation and there are specific areas where no one but Tribal members are allowed, which is the closed area. The Quinault Tribe has indicated that their reservation has never been open. Mr. Niichel added that the issue of whether the reservation is open or closed is the issue that was put aside by the County. He feels that because Highway 101 goes down the middle of his property, he feels that the Reservation is open. Kent Anderson stated that the denial from 1989 was based on topographical and septic system problems with the site and not on the negotiations with the Tribe. The appeal is of this denial. Commissioner Huntingford stated that he feels that an on-site evaluation should be done to determine if a septic system can be placed on the site. He asked if this property is vested under the old Health regulations? Mark Huth reported that is correct. Commissioner Huntingford moved to remand this back to the Permit Center for an on-site review, keeping in mind it is vested under the regulations in force at the time of application, and that someone other than Jerry Smith handle this subdivision. Commissioner Wojt seconded the motion which carried by a unanimous vote. Commissioner Huntingford asked that the Planning Department keep the Board and Mr. Niichel informed about what is going on. 'JOL 20 ~M,r n'~98 Commissioners' Meeting Minutes: Week of November 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . At the conclusion of the workshop on the comments from the hearing on the Interim Urban Growth Areas Ordinance the Board recessed the meeting. The meeting was reconvened on Tuesday morning at 8:30 a.m. with all three Board members present for a workshop on the capital facilities plan element of the Comprehensive Plan with Henderson and Young Consultants. Review and Approval of Final Ed2ewood Plat: Pope Resources: Greg McCary, Pope Resources reported that this plat was formerly named Deer Hollow. The name was changed because there is a street named Deer Hollow in the Port Ludlow area and the residents of that area felt there would be confusion. Kent Anderson reported that all Department approvals have been given for this plat. Commissioner Huntingford moved to issue final plat approval for Edgewood Village Plat. Commissioner Wojt seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: " f. ¡ ~.. I . ).. I " / 40- ; '"""ill· "'), ..,~ ~$6~ í. _,/ ~-<-~- ~ ATTEST: ~~¿ lM~ì Lorna L. Delaney, Clerk of the Board VOI_ 20., ~Ar,: n1 ~93