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HomeMy WebLinkAboutM100493 " , C:..t~ 'V" ~ö..c: MINUTES WEEK OF OCTOBER 4,1993 Chairman Richard Wojt called the meeting to order in the presence of Commissioner Robert Hinton and Commissioner Glen Huntingford. Commissioners' Briefin2 Session: Purchase of Equipment for Hearing Impaired: Community Services Director David Goldsmith reported that the Courts need amplification equipment for hearing impaired persons. This equipment is estimated to cost $4,000. The Sheriff has indicated that he has Law and Justice funds available in his budget to cover this expense. Commissioner Huntingford moved that the. Sheriff be authorized to purchase the amplification equipment for the Superior and District Courts. Commissioner Hinton seconded the motion which carried by a unanimous vote. Animal Shelter bid specifications: David Goldsmith reported that Architectural Projects Manager Frank Gifford will develop specifications for the alternative building plan for the animal shelter. If the specifications are reviewed by a local estimator it will cost less than having someone from out of the area do it. The Board concurred that this work be done locally. PUBLIC COMMENT PERIOD: There were no public comments. APPROVAL OF THE MINUTES: Commissioner Hinton moved to approve the September 27, 1993 minutes as corrected (Page 3 - appointments to the Gardiner Community Center Board of Directors - ctlairman Wojt seconded the motion). Commissioner Huntingford seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Mter discussion of Item 2, Commissioner Hinton moved to delete it and item 13 and to adopt and approve the balance of the Consent Agenda as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. PROCLAMATION re: Jefferson County Employee Recognition Week October 4 through 8, 1993 2. DELETE Final ThibeaultfLunde Short Plat #SP19-91; Subdivision of 2 Lots; Marrowstone Island; John & Kathleen Thibeault and Steven & Theresa Lunde, Applicants (See item on Page 2) 3. CONTRACT re: Log Purchase Order #LP33180; Timber from Animal Shelter Site; Pope & Talbot, Inc. 4. RESOLUTION NO. 86-93 re: Amending a License to Use County Road Right-of-way; Hiller Drive; Alyce Clogston Carmichael 5. Hearing Notice re: Appeal of SEP A Final Mitigated Determination of Non-Significance; FirwoodRecreational Vehicle Park #BSP-01-03; Set Hearing for Tuesday October 26, 1993 at 9:00 a.m. VOL L 9 rACt: 00 :1288 Commissioners' Meeting Minutes: Week of October 4, 1993 Page: 2 THE CONSENT AGENDA - Continued: 6. Accept Resignation; Solid Waste Advisory Committee; William Michel 7. Letter to Washington State Association of Counties re: Notice that County will not pay dues to be used for direct campaigning for or against initiatives or direct support of campaign efforts for or against initiatives 8. AGREEMENT re; Professional Services; Legal Review of Interim Critical Areas Ordinance; Hillis/Clark, Attorneys-at-Law 9. AGREEMENT re: E911 Consultant; Public Safety Consultants 10. CONTRACT No. 2515-93144; 1993-1995 Biennium for Juvenile and Family Court Structured Residential Services; State Department of Social and Health Services, Division of Juvenile Rehabilitation 11. CONTRACT No. 2515-03873; 1993-1995 Biennium for Juvenile and Family Court "Option B" Services; State Department of Social and Health Services, Division of Juvenile Rehabilita- tion 12. CONTRACT No. 2515-93840; 1993-1995 Biennium for Juvenile and Family Court SSODA (Special Sex Offender Disposition Alternative) Services; State Department of Social and Health Services, Division of Juvenile Rehabilitation 13. DELETE RESOLUTION Noo_ re: Establishing Interim Level of Service Standards for Public Services and Facilities Located Inside and Outside Interim UGA Boundaries BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND BUILDING DEPARTMENT Final Thibeault/Lunde Short Plat #SPI9-91; Subdivision of 2 Lots; Marrowstone Island; John & Kathleen Thibeault and Steven & Theresa Lunde. Applicants: Permit Technician Michelle Wood explained that the summary approval of this plat was granted April 29, 1992. Once that approval is given the applicant must meet all of the conditions before final approval. She reported that she revised the findings for adequate provision for schools per the Board's directive of March 1993. Commissioner Huntingford asked if short plats are exempt from the amount established by the Board to be paid for adequate provisions for schools in the Chimacum School District? Prosecut- ing Attorney Mark Huth reported that the Board should make a finding on every subdivision that adequate provision is made for schools. In the case of the Chimacum School District, where it has been established that there is a capacity issue, the fee should be. required on all subdivisions. Craig Ward reported that the School District has not asked that this condition be applied to short plats. Mark Huth reported that even though the School District doesn't comment on a particular plat, that issue should still be addressed. Mark Huth reported that if the summary approval of a plat was done before the County was notified of the school capacity issue, then it would not apply to that plat. If summary approval has not been granted yet, then this finding should be applied to all short plats in the Chimacum School District. Mark Huth suggested that a letter be written to the School District asking if short plats pose a capacity problem for them. VOL 1 9 rAet: on :1289 Craig Ward noted that this short plat was granted summary approval prior to the School District notifying the County that they had a capacity problem. The Board directed Craig Ward to write a letter to the School District regarding the position on short plats. Commissioner Huntingford moved to approve the final short plat #SP19-91 with the correction to the finding regarding adequate provision for schools. Commissioner Hinton seconded the motion which carried by a unanimous vote. .. . Commissioners' Meeting Minutes: Week of October 4, 1993 Page: 3 PUBUC WORKS DEPARTMENT Hearin2 Examiner Recommendation re: Petition to Vacate Portions of Olympic Avenue and Elston Avenue; Irondale Division No.6; Gene Seton. Applicant: Administrative Assistant Eileen Simon reported that the Hearing Examiner has recommended that this request to vacate 290 feet (by 25 feet wide) of Olympic Avenue and 500 feet (by 30 feet wide) be approved subject to the following conditions: · Legal access be provided along the westerly side of Lots 1 through 4 of Block 158 (approximately 115 feet long). · An Open Space protective easement be dedicated easterly of Lots 1 through 11 of Block 161. · The easterly 30 feet of "Olympic Park" be deeded to Jefferson County to be added to the right-of-way of Elston Avenue. The final concern on this vacation is the value established for the portions of these two rights-of- way being vacated (Olympic Avenue $7,250 plus Elston Avenue $7,800 = $15,050 less $5,700 for acquired right-of-way for Elston Avenue and $1,500 for dedicated protective easement = $7,850). The Hearing Examiner felt that it would be appropriate for the Assessor to review these values. Eileen Simon reported that she discussed this with Jeff Chapman of the Assessor's Office and they feel this is a fair value. Gene Seton submitted a list of the assessed values for the lots in this area. He reported that the lots in this area have been assessed at $1,000 per lot for a total of $11,000. He feels that the Assessor's Office is assessing this property high for the portions he will be receiving and saying that the property he is dedicating as a greenbelt or deeding to the County isn't worth anything. Mr. Seton pointed out that by moving the road, all of these lot owners will not be required to ask the County for a variance to build on their lots. This will save the County money. Chairman Wojt asked if Gene Seton feels that the value of the property he is dedicating to open space and deeding to the County is a fair trade for the area being vacated? Gene Seton stated that he does. He said that he feels the right-of-way and Open Space exchange should be straight across, but that the greenbelt easement will not go to the County, it will go to the property owners association. Public Works Department Director Gary Rowe reported that County ordinance allows for the applicant to have an appraisal done if they disagree with the Assessor. The Board can also waive any part of the fee. Commissioner Huntingford moved to approve the vacation as recommended by the Hearing Examiner. The Board considers the value of the Olympic Park area to be deeded to the County for additional right-of-way on Elston Avenue, as an equal value exchange for the protective easement to be dedicated to the Homeowners Assocation by Mr. Seton. The value of the vacation is set at $7,250.00, which reflects only the amount for the Olympic Avenue right-of-way. Commissioner Hinton seconded the motion which carried by a unanimous vote. Discussion of A2reement re: Recyclin2 Pro2ram; Skookum Products and Services: Commissioner Hinton reported that Public Works Department is working with Skookum Products and Services regarding the recycling program and discussion of this item has been cancelled. The Board recessed for lunch and then reconvened at 1:30 p.m. to interview a person interested in serving on the Planning Commission. PLANNING AND BUILDING DEPARTMENT Adopt Findin2s and Conclusions Modifvin2 the Final Miti2ated Determination of Non-si2nificance; Deer Hollow Lon2 Plat LPIO-92; Adjacent to Paradise Bay Road; Pope Resources: Associate Planner Jim Pearson reported that a letter was received from Peter Eglick, Attorney for the Chimacum School District, advising that they were not notified of the date of the appeal hearing. He explained that a notice was placed in the legal section of the newspaper, but the appellant (Chimacum School District) was not directly notified of the hearing date. They are questioning if the County has complied with the statute in holding this hearing. Jim Pearson noted that typically notification of the hearing is mailed to appellants and other interested persons. VOL 1 9 rAC:· 001.290 . , . . Commissioners' Meeting Minutes: Week of October 4, 1993 Page: 4 Prosecuting Attorney Mark Huth reported that there is no requirement in the statute or the County's SEPA ordinance for direct notice to the appellant. He reported that all of the testimony previously offered during the Inn at Port Ludlow hearings and in the environmental documents regarding the issues appealed by the School District were adopted by the Board. It is his understanding that the issues raised by the School District in this appeal are the same as the issues reviewed and addressed for the Inn project. He suggested that the School District be asked if they have any new testimony to present. Mr. Eglick's letter doesn't indicate that there is any new evidence to be presented. He explained that the proposed findings and conclusions being considered today adopt all of the previous testimony from the Inn at Port Ludlow and impose the exact condition of payment of fees in mitigation of direct impacts (the same amount per lot as the Inn at Port Ludlow and Port Ludlow Division 4.) Although it would have been best to directly notify the School District of the hearing, the fact that they weren't notified may be a harmless error if there is no new evidence to be presented. If there is new evidence to be presented then the Board should not sign the findings and conclusions until there is an opportunity to present it. Chairman Wojt asked Marsha Harris if the School District has any new evidence to present? Commissioner Huntingford asked if the School District was notified of the decision the Board made after the hearing? Marsha Harris, Superintendent, Chimacum School District, stated that the School District got a copy of the Board's decision on Friday. She said that the School District is not interested in holding up development in the County. They would like uniform procedures and if they request a hearing or an appeal process, they want to be notified when the hearing is set. Chairman Wojt explained that it is normal procedure that the appellant would be notified, but there was a slip up in this instance that wasn't purposeful. Commissioner Huntingford apologized for the County. David Cunningham, Pope Resources, stated that legally there is no requirement that the appellant be individually notified. He noted that the School District submitted a fairly substantive document arguing their position which the Board considered in making their decision. He feels that if the Board is going to make a determination today, there should be something on the record from Marsha Harris regarding whether or not the School District wishes to þack track on this SEP A decision or not. Marsha Harris stated that the School District's legal counsel has not reviewed the Board's decision yet and it would be unfair for her to waive the white flag based on that. But, assuming that there are no substantive changes in the document from what was originally part of the Hearing Examiner's findings on the other two plats, these findings should be good enough. Mark Huth stated that Marsha Harris cannot bind the School District to anything without her legal counsel present. He suggested that the Board go ahead with their decision today and if it's challenged on procedural grounds then they can go back and hold the hearing again, if that's what needs to be done. If it's challenged on substantive grounds then the County's done anyway. David Cunningham agreed. He explained that it is Pope's intention to put a SEPA notice of action in the newspaper as they have with the last two plats. Commissioner Hinton moved for the adoption of the findings and conclusions of the final mitigated determination of non-significance for the Deer Hollow Long Plat #LPI0-92. Commis- sioner Huntingford seconded the motion which carried by a unanimous vote. Hearin2 Examiner Recommendation Preliminary Plat re: Deer Hollow Lon2 Plat LP-IO-92; Adjacent to Paradise Bay Road; Pope Resources: Jim Pearson reported that the Hearing Examiner took his action on this plat before the County's SEPA hearing and his recommended conditions address schools in a manner that was appropriate before the Board's determination on the Inn at Port Ludlow plat. These findings and conditions (conditions 3 and 4) have been modified to reflect the Board's most recent action regarding adequacy for schools. Commissioner Huntingford moved to adopt the Hearing Examiner's recommendation and revised conditions and approve the preliminary Deer Hollow Long Plat #LP-1O-92 as presented. Commis- sioner Hinton seconded the motion which carried by a unanimous vote. David Cunningham asked that the County provide a final list of mitigative measures and conditions of approval. VOL 19 rM·: 00 1291 -,. ...., Commissioners' Meeting Minutes: Week of October 4, 1993 Page: 5 Hearin2 Examiner Recommendation; Conditional Use Permit #IZ-44-93; Relocate a Modular Construction Office Buildin2 from Port Ludlow Villa2e to the Ludlow Water Company Maintenance Complex; Pope Resources: Planning and Building Department Director Craig Ward reported that this permit is to allow the relocation of an office building from the Port Ludlow Village retail center to the Ludlow Water Company maintenance complex in the General Use Zone. This area contains similar uses. Neighboring property owners have expressed concern regarding this relocation due to the following: compatibility with residential neighborhood, increased traffic and noise and potential property devaluation. The Hearing Examiner has reviewed these issues and recommends approval of this conditional use permit. Commissioner Hinton moved to approve the conditional use permit as recommended by the Hearing Examiner. Commissioner Huntingford seconded the motion which carried by a un- animous vote. Plannin2 and Buildin2 Department Director Crai2 Ward. Sheriff Mel Mefford and Emer2encv Services Coordinator Bob Minty re: Fire Investi2ations: Building Official Mike Ajax reported that the State is eliminating fire investigation services as part of their budget cutting process. Emergency Services Coordinator Bob Minty added that Kitsap County was contacted and they may be willing to contract with the County to provide these services. Sheriff Mel Mefford reported that the individual fire districts determine if they feel a fire is suspicious in origin. They contact the Sheriff's Department if they need help with that determina- tion. Planning and Building Department Director Craig Ward asked how to proceed if an incident happens which needs to be investigated? Sheriff Mel Mefford reported that the investigation begins with the Sheriff's Department and a Deputy would be dispatched to the scene. Craig Ward reported that he will work with Bob Minty in contacting Kitsap County to see if a Memorandum of Understanding can be developed to cover these calls on a case by case basis. Appointments to the Plannin2 Commission: One Position District 1 and Two Positions District 2: Commissioner Huntingford moved to appoint Donald Cote and Guy Rudolph to the positions on the Planning Commission representing District 2. Commissioner Hinton seconded the motion. Mter discussion of Guy Rudolph serving on the Planning Commission and being the chairman of the planning committee for the Tri Area, Chairman Wojt called for a vote on the motion. Commissioner Huntingford and Chairman Wojt voted for the motion Commissioner Hinton voted against the motion. The motion carried. Commissioner Hinton moved to appoint Ralph Ericksen to the position representing District 1 on the Planning Commission. Commissioner Huntingford seconded the motion. The Chairman called for a vote on the motion. Commissioner Huntingford and Commissioner Hinton voted for the motion Chairman Wojt voted against the motion. The motion carried. .\ . . MEETING ADJOURNED ~ .. . ~ ' ,( ~ · 4:'" /' ..,.. -- " -'"' Lorna L. Delaney, Clerk of the Board " .", VOI_ L:j rAr;' 00 1292