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HomeMy WebLinkAboutM040593 , ') tI: . . '- ./ MINUTES WEEK OF APRIL 5,1993 The meeting was called to order by Chairman Richard E. Wojt. Commissioner Robert Hinton and Commissioner Glen Huntingford were present. Assessor Jack Wester- man briefed the Board on taxing authority and levy limitations. From 9:20 to 9:45 a.m. the Board met in Executive Session with Prosecuting Attorney Mark Huth regarding potention litigation. Prosecutin2 Attorney Mark Huth re: Discussion of Ex-Parte Communica- tion: Prosecuting Attorney Mark Huth reviewed the State laws regarding conflict of interest (contracts), appearance of fairness and ex-parte communications (quasi-judicial matters.) PUBLIC COMMENT PERIOD: The following topics were brought up to the Board: Confusion over the budget figures for the Solid Waste Division; a request that the Planning Director write to Olympic Northern Forest Products; the availability of water to County residents at the Chimacum Park, a report on the Forest Conference held in Portland and the need for more protection of salmon and shellfish in the County; the draft Critical Areas Ordinance. BUSINESS FROM COUNTY DEPARTMENTS: PLANNING AND BUILDING From 10:30 a.m. to 12:30 p.m. the Planning Department conducted a workshop for the Board on the new draft Critical Areas Ordinance. Consideration of Release of the Final Environmental Impact Statements for the Inn at Port Ludlow and the Port Ludlow Development Prouam: Susan Thomas, Environmental Coordinator, reported that all of the changes discussed with the Board have been made as requested. The Fiscal Impact Analysis has been changed to meet the needs of the County and the Disclaimer was removed. She then reviewed wording of the mitigation for the Fire District, the Chimacum School District and water. She reminded the Board that the approval of these documents today is just one step in this process. There is a burden on the County, the residents and the affected agencies to follow through the phased review of project by project development. She recommends that the Board approve the documents as presented today and that a final, camera ready, bound version be submitted to the County and checked for accuracy before the copies for the public are made and distributed. Chairman Wojt asked about the Board passing on a document that the Board has not seen in its entirety? Mark Huth, Prosecuting Attorney, reported that he feels the Board can rely on the staff review of the document and their representation that it's ready for approval or denial and the Board's review of the record as it stands. He suggested that the Board approve the ~~~umelt Je~1~~~84view of the camera ready copy " Commissioners' Meeting Minutes: Week of April 5, 1993 Page: 2 for accuracy. Commissioner Huntingford moved to approve RESOLUTION NO. 27-93 authorizing the release of the final EIS for the Inn at Port Ludlow project, and RESOLU- TION NO. 28-93 authorizing the final EIS for the Port Ludlow Development Plan on the condition that the final printing copy is checked for accuracy by Susan Thomas. Commissioner Hinton seconded the motion which carried by a unanimous vote. Commissioner Huntingford asked when the copies would be available to the public? Susan Thomas reported that the accuracy check and printing should be done and the copies available by Monday April 12, 1993. HEARING re: Appeal of Miti2ated Determination of Non-Si2nificance; 6.2 Acre Parcel into a 23 Lot Mobile Home Park; South of the Jefferson International Airport; Peninsula Pines Mobile Home Park; Stan F. Little. Applicant: Chairman Wojt explained the process for the hearing, and verified that none of the Board members have an interest in the property or project, stand to gain or lose any financial benefit as a result of the outcome of the hearing and can hear and consider this matter in a fair and objective manner. Associate Planner Jerry Smith reported that this appeal is of the mitigated determination of non-significance issued by the responsible official on the Peninsula Pines Mobile Home Park, and the eight mitigative measures were issued January 20, 1993. John and Jennifer Davis, who own and operate Ludlow Aviation at the airport, submitted an appeal of the MDNS because they feel the mitigation addressing noise is not adequate. The Davis's concern is that the residents of this mobile home park which lies directly underneath the Airport flight pattern, will complain about the noise. They are also concerned about the wood smoke from this mobile home park effecting visibility at the Airport. Commissioner Hinton asked how far away the project site is located from the final approach to the northwest runway at the airport? Jerry Smith reported that the proposed mobile home park is located south and east of the airport. The closest portion of the airport to the closest portion of the mobile home park is approximately 1/4 mile. There is also an open space area of this project which is between the homes in the park and the airport. Chairman Wojt then opened the public hearing. Prosecuting Attorney Mark Huth swore in each of the people testifying. Jennifer Davis. stated that they are not opposed to this project. They are concerned with mitigation number 9. The 1 1/2 acre separation from the airport, really means nothing, because the mobile home park lies directly underneath the flight pattern. Because they are the only Charter Air service at the airport with a published phone number, they receive all of the noise complaints for the airport. They would like to see full disclosure made to all potential tenants of this project that the project is located directly under the flight path of the airport. Commissioner Hinton asked if there is any particular area that complaints come from? Jennifer Davis reported that they receive complaints from people within a five mile radius of the airport. They haven't received any from Kala Point. Jennifer Davis added that the County does not have any full disclosure laws regarding this type of activity. The area around the airport is zoned residential and as the area grows more problems with noise will occur. Mark Huth stated that it isn't up to the County to make full disclosure, and he advised that the County not take on that responsibility. It is up to the person selling the mobile home sites to make full disclosure of any defects or conditions that exist on the land that will effect the ownership of the person buying it. ~JOL '') í3q- ''-Iî Hr ~ ("\~ t.J I r...\J_ "-" .. Commissioners' Meeting Minutes: Week of April 5, 1993 Page: 3 Commissioner Huntingford asked if the County could require as part of the mitigation, notification to the potential tenants that the project is in the vicinity of an airport? Mark Huth answered that this could be included as a mitigation. Commissioner Hinton added that he feels this should be just a suggestion. Mark Huth agreed that this be done in the form of a suggestion rather than a requirement. If it is required, then the County would be involved in the complaint if the disclosure is not done. John Davis explained that the noise will be the greatest when the take off pattern is over this project site. The buffer proposed for the project will not mitigate that noise. The noise complaints are within a five mile radius of the south side of the airport where the traffic pattern is. Chairman Wojt asked if Mr. Davis is seeking additional mitigation for notification of potential tenants of this mobile home park or asking that an EIS be required? Mr. Davis stated that he isn't against this project, he just wants to assure that the people that move into this park know that they are living next to an airport. Harold T. Anderson. representing Stan Little, the project proponent, stated that he under- stands what the Davis' are talking about. He noted that Mr. Little would be willing to place a covenant or restriction on this project to warn potential tenants that there is an airport next door. Mr. Anderson stated that the project proponent agrees with 97% of the mitigation, and they will work with the School District and the Transit on the mitigation proposed to address issues raised by them. He noted that the mitigation proposed by the School District is for a bus to turn around. The school district has provided a letter stating that they have no problem with this development because Mr. Little has offered to restrict residency to senior citizens. He continued by reviewing other plans for the project. Mr. Anderson further reported that he discussed the wood smoke issue with an engineer from the Olympic Air Pollution Control Authority, who indicated that wood stoves have been significantly improvemented over the last ten years regarding emissions. All wood stoves must conform to new regulations which should assure a non-visible smoke. Jack Tice. neighbor, explained that he used to live next to the airport runway. He suggested that all of the property under the flight pattern of the airport be zoned in- dustrial/commercial. This would take care of the noise problems. The discussion continued regarding the zoning for the area around the airport. John Davis explained their concern on the wood smoke is that the smoke tends to lay in the valley. The fog pattern will be changed in the valley because the wood stove smoke (even clear smoke) attracts moisture. Commissioner Hinton stated that there is no way to know how many of the mobile homes on these lots will have a wood stove. Mr. Davis invited the Board members to visit the airport and observe the number of flights in and out in a day. Jerry Smith reported that the mitigation was amended by the responsible official and an additional measure was added (number 9). He then submitted a copy of the mitigation which was signed by the project proponent. The mitigation was amended by the respon- sible official based on the comments received. Hearing no further public comment Chairman Wojt closed the hearing. After further discussion of the best way to ask for full disclosure to tenants of this project, Mark Huth stated that the findings and conclusions include a finding that the Board finds that it would be prudent for the proponents to disclose to the tenants the proximity of the project to the airport. Commissioner Hinton asked if the project proponent would suggest to the tenants that wood burning stoves not be used during times of poor air quality. ~, 3"',(" tj rAG~ co VOL " Commissioners' Meeting Minutes: Week of April 5, 1993 Page: 4 Commissioner Hinton moved to approve the modified mitigated determination of non- significance for the Peninsula Pines Mobile Home Park with the suggested findings as discussed. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Shoreline Substantial Development Permit #SDP93-016; Install Bow and Stern Moorin2s; Port Townsend Bay Offshore of Lower Hadlock Spit; Port Hadlock Yacht Club. Applicant: Associate Planner Jim Pearson reported that this shoreline permit is for a series of 12 recreational mooring buoys for protected anchorage in south Port Townsend Bay 600 feet north of Skunk Island. He has checked with the State Department of Health and they will do monitoring of the shellfish beds in the area to assure that there is' no impact from this moorage. There are five conditions of approval recommended on this shoreline permit. Commissioner Huntingford asked if there is any moorage space at the marina at the Old Alcohol Plant Resort? Jim Pearson reported that the Old Alcohol Plant Marina is closed. Commissioner Huntingford asked if this will interfere with the boat ramp at Lower Hadlock? Jim Pearson reported that the location of this permit is about 900 feet south of the boat ramp and will not interfere with it. Commissioner Huntingford asked what the shoreline designation is for this area? Jim Pearson explained that the designation of this area is aquatic/conservancy. Commissioner Hinton moved to approve Shoreline Substantial Development Permit SDP92- 016 as conditioned and recommended. Commissioner Huntingford seconded the motion which carried by a unanimous vote. APPROVAL OF THE MINUTES: Commissioner Huntingford moved to approve the minutes of March 15, 22 and 30, 1993. Commissioner Hinton seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Hinton moved to delete item 9 and then approve and adopt the balance of the items on the consent agenda as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. No Objection on Special Occasion Liquor Permit #090715; May 14 and 15, 1993; ABATE of Washington, Chetzemoka Chapter 2. AGREEMENT; Program Funding for 1993 to Operate a Visitor Information Center; Olympic Gateway Visitor Center 3. AGREEMENT; Program Funding for 1993 to Provide Visitor Information Services; North Olympic Visitor and Convention Bureau 4. AGREEMENT; Program Funding for 1993 to Operate a Museum; Quilcene Museum 5. AGREEMENT; Program Funding for 1993 for a Tourism Transportation Study; North Olympic Visitor and Convention Bureau 6. AGREEMENT re: Funding for Community-based Services at the Tri-Area and Quilcene Community Centers for 1993; Clallam/Jefferson Community Action Council 7. AGREEMENT re: Funding for Community-based Services at the Forks Recreation Center for 1993; Clallam/Jefferson Community Action Council 8. AGREEMENT re: Private Line Transport DS1 Service; Castle Hill Mall Location; U.S. West 9. DELETE AGREEMENT re: Remove and Install Guardrail on Yarr Bridge and Little Quilcene Bridge; Peterson Brothers, Sumner, W A 10. CONTRACT re: Service Provider for the Assessor's Office; Dennis Pownall l1.CONTRACT re: One (1) New Shenandoah Ul Waste Oil Heater Model WOF-150 and One (1) New Shenandoah Workbench Tank Model WBT-250; Northwest Industrial Equipment, inc., Kent; W A VOL " ('" 3(')'" l~rAG~ ð, " . Commissioners' Meeting Minutes: Week of April 5, 1993 Page: 5 12. CONTRACT re: One (1) New Ingersoll-Rand Double Drum Vibratory Roller, Model DD24; Ingersoll-Rand Equipment Sales; Seattle, W A 13. BID AWARD re: Crushing and Stockpiling Project #ER 1087; Alternate #1 Proposal; Puget Sound Surfacers, Forks, W A, As Recommended 14. BID AWARD re: Liquid Asphalt Contract Bid; U.S. Oil & Refining Co., As Recom- mended 15.AGREEMENT re: Northwest One Call Subsurface Warning System; Utilities Under- ground Location Center; Representing Utilities in Jefferson County 16. DEDICATION re: Right of Way for Ingress, Egress, and Utilities; Portions of Howard, Alder/LaSalle/Cliff Streets 17. CONTRACT re: Congregate Nutrition Services; Olympic Area Agency on Aging 18. CONTRACT re: Professional Service; Qallam-Jefferson Counties Family Planning 19. GRANT APPLICATION re: Coastal Corridor Project Program; Discovery Bay Rest Area and TouristlInterpretive Site; to State Department of Transportation 20.PROCLAMATION re: April 17-24, 1993 as Volunteer Earth Cleanup Week 21. RESOLUTION NO. 29-93 re: Establishing Dates of 1994 Budget Submissions, Review Hearings and Final Adoption 22. RESOLUTION NO. 30-93 re: Establishing the Name for a Private Road; Plum Avenue; Irondale 23.RESOLUTION NO. 31-93 re: Vacation of a Portion of Twigg Street in the Plat of Chalmers No.2; Port Hadlock; Luther and Karla Bland, Applicants 24. RESOLUTION NO. 32-93 re: Initiating a County Project Designated as CS1098; Railroad Overpass and Rocky Brook Bridge Rail Retrofit; State Department of Transpo- rtation 25. AGREEMENT and FEDERAL AID PROSPECTUS re: County Project Designated as CS1098; Railroad Overpass and Rocky Brook Bridge Rail Retrofit; State Department of Transportation 26.RESOLUTION NO. 33-93 re: Initiating a County Project Designated as CS1097; West End Bridge Retrofit; State Department of Transportation 27.AGREEMENT and FEDERAL AID PROSPECTUS re: County Project Designated as CS1097; West End Bridge Retrofit; State Department of Transportation 28. Request for Funds re: Housing Rehabilitation Trust Fund; $11,042.49; City of Port Angeles 29. Accept Resignation of Joseph Wheeler from the Tourism Coordinating Council AND Letter to Port Townsend Mayor John Clise re: Appointment of Mari Mullins to Fill the Vacant Position 30. Accept Resignation of Fred Grove; Planning Commission; District 3 31.Appointment to the Open Space Advisory Board; Charles Boggs; Four Year Term Expires 3/31/97 32. Memo to All Departments re: Interim Staffing Policy 33. Letter to Chimacum School District Board of Directors re: Processing of Plats and Permits 34.Approve Application to Open Right-of-Way; East Arden Street in Irondale; Mike Hensel Applicant 35.Approve Application to Open Right-of-Way, With Conditions; Plum Avenue in Irondale; Pete M. Johnson, Applicant 36. Adopt Findings, Conclusions and Order re: Meeting/Reception Hall; Home Business Conditional Use; Beaver Valley Road; Robert Schladetzky 37. Signing of SDP89-0013.12; Mooring Buoy in Mystery Bay; Thomas Westlake, Ap- plicant PUBLIC WORKS Hearin2 Examiner Findin2s. Conclusions and Recommendations re: Vacation of A Portion of South Point Road (Platted as Ferry Street); Trails End Home'sites; Walter and Pe22V Pederson and Ray and Harriet Buchman. Applicants: Commis- sioner Hinton moved to approve the hearing examiners findings, conclusions and recom- mendations for the vacation of a portion of South Point Road in the Trails End Homesites plat. Commissioner Huntingford seconded the motion. ','" \3' ,nSf l;j rAG~ð ....' VOL Commissioners' Meeting Minutes: Week of April 5, 1993 Page: 6 Mr. Halverson interjected that the area to be vacated is the lot owners (Trail's End) access to the beach. Wally Pederson reported that the beach access for the Trail's End lot owners is 600 feet north of the property being vacated. Public Works Director Gary Rowe added that the Hearing Examiner reviewed this and found that the portion of the road to the ferry is not a platted right-of-way and that it was owned by Mr. Pederson and Mr. Buchman. The portion of street for which the vacation is being requested does not abut water, it abuts the PedersonlBuchman property. Administrative Assistant Eileen Simon reported that one of the conditions recommended if this vacation is approved is that Mr. Pederson and Mr. Buchman provide evidence in the form of deeds or a report from a Title company to prove there is no access to the tidelands from their property. A copy of a Title Company report was then submitted to the Public Works staff. The Chairman called for a vote on the motion. The motion carried by an unanimous vote. Recommendation from the Solid Waste Advisory Committee re: Proposed Cost Reductions to the Solid Waste Bud2et: Bill Perka, Chairman of the Solid Waste Advisory Committee, reported that the Committee has reviewed and made recommendations on the Memo from Gary Rowe regarding proposed cuts in solid waste services being offered by the County. The Committee felt that they could not make a recommendation for a specific tipping fee amount to keep the services that they have identified in their recommendation. Many County residents have indicated that the drop box services are important. Mr. Perka noted that the City endorsed the $110 tipping fee. When the Committee reviewed the budget they found math errors and other problems and they felt that they could not make a recommendation on a specific tipping fee amount. Public Works Director Gary Rowe explained where and why a couple of the errors in the budget occurred. He added that the Solid Waste Advisory Committee needs to be comfortable with the budget figures before they can make a recommendation based on them. Commissioner Huntingford asked if the approved fee will cover the cost of services if only part of the reductions are implemented? Gary Rowe reported that he feels that the changes being considered by the Solid Waste Advisory Committee will be pretty close to the $95.00 per ton tipping fee. He added that substantiated costs will have to be developed for the operation of the drop box sites when a proposal is brought forward for rate in- creases at these sites. Commissioner Huntingford stated he would like to see a combina- tion of increased fees and reductions in service to meet the budget. Bill Perka stated that the Solid Waste Management Plan needs to be implemented and the education portion of it should not be cut. The discussion continued regarding options for operating the drop box sites, especially the one at Clearwater in the west end; the tipping fee and the costs for closure of the landfill; the solid waste fees and pro-gram in Grays Harbor County; the need to look into privatiza- tion of Solid Waste Services in the County; the costs of building a new landfill cell in , Clallam County; and ways to make a difference in the operating costs. Commissioner Hinton stated that it was never his intent to cut or reduce services within the Solid Waste Division or any County Department. The intent was to improve services and cut costs. He recommended that the Board send a letter of appreciation to the Solid Waste Advisory Committee for the work that they have done over the past year. He is concerned because solid waste has been studied and planned over the past few years and VOL J.. 8 rAG~ 389 Commissioners' Meeting Minutes: Week of April 5, 1993 Page: 7 there still aren't any figures available to make a determination on the level of tipping fee that is adequate. He then asked about the following figures: 1) The closure and transfer station costs are shown to be about 2.4 million dollars. There is 2 million in bond indebtedness and over $625,000 in grants for the transfer station. Gary Rowe reported that there is $500,000 in grants for the transfer station. The balance of the grant funding is for other solid waste programs. Commissioner Hinton noted that when all of the other revenue is added to these figures the total solid waste budget for 1993 is $4.8 million dollars. The total current expense budget for the County is only $7 million. 2) The capital outlay budget indicates $1.7 for construction projects, $288,000 for machinery and equipment, $465,000 for other improvements (with no listing of what they are), $105,000 for buildings, rentals and leases are $75,000 and there is miscellaneous of $60,000. There is no documentation to indicate what that amount is. 3) There is over a $1 million figure for professional services in the 1993 budget. Commissioner Hinton asked what this is for since solid waste has been planning and studying for a number of years? Gary Rowe indicated that he would prepare a report for the Solid Waste Advisory Committee substantiating the costs for the drop box sites, and all of the figures in the budget. Commissioner Hinton asked when the information would be available? Gary Rowe reported that he is trying to have the information on the drop box sites ready for the April 15, 1993 SWAC meeting. Shellie Bell reported that the dumping fees were raised at the landfill on April 1, 1993, but they have not been raised at the drop box sites. The transfer stations are losing more money now than they were before. Closing all of the drop box sites will not save as much as it costs to truck the garbage out of the County. Daniel Dean stated that the recycling facility has the capacity to handle much more than it is handling now. There has been a lot of money put in the recycling center and there is the capacity to expand the recycling program. Every pound that is taken out of the waste stream by recycling saves money. If the recycling center loses money in the process, if it loses less than it costs to ship the garbage out, it is a gain. Jeannette Force reported that she runs a business that uses recycled materials and people are beginning to leave items on their doorstep even when no one is at the building, because they don't want to pay the dumping fees. The responsibility for recycling education lies with the County Commissioners. The meeting was recessed at the end of the business scheduled for Monday and reconvened on Tuesday, April 6, 1993. All three Board members were present. Elmer Assman. American Le2ion and Service Officers from Other Veteran Or2anizations re: Veteran's Relief Fund: Elmer Assman representing the American Legion and Service Officers from the other County veterans organizations came before the Board to discuss the Soldiers' and Sailors' Relief Fund. Elmer Assman asked that the Board approve the request from the Service Officers presented last year to raise the individual application per year for indigent veterans to $750.00 and that the levy for the Veterans Relief Fund be increased to 2 mills. Mter discussion of the County's levy limits, tax authority, the use of the veterans funds, how the applications are processed, and the application form used, the Board asked Bud Porter to arrange with the Director of the State Department of Veterans Affairs to meet with them to discuss these matters and the State law governing these funds. VOL 9 rAG~ 390 '. Commissioners' Meeting Minutes: Week of April 5, 1993 Page: 8 AGREEMENT re: Remove and Install Guardrail on Yarr Brid2e and Little Ouilcene Brid2e; Peterson Brothers. Sumner. W A: Mter reviewing the terms, condi- tions and specifications of the agreement with Al Scalf of the Public Works Department, Commissioner Huntingford moved to approve the agreement with Peterson Brothers for the removal ánd installation of a guardrail on Yarr Bridge and the Little Quilcene Bridge. Commissioner Hinton seconded the motion which carried by a unanimous vote. SEAL: MEETING ADJOURNED ,?!0\': ~"',...J '/:' "' :" r_~ \ ~ \(, i t~'·I· I '~,~:?"7 .. A'TTEST·. ". . .... ... .1· t .. ... J. ,'" ft. 1/'. .... '" ì: .' ... ~- _ t,_~.. ~'(I ~'';~''.!~' cI~/rla-if]).ß~ Lorna L. Delaney, Clerk of the Board VOL ," i J..~ "(1 Hr.' Jtf. IMLJ_ÙŸ