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MINUTES
WEEK OF JANUARY 27, 1992
Chairman Larry W. Dennison called the meeting to order. Commissioner B. G. Brown
was present. Commissioner Richard E. Wojt was out of town at a conference.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Brown moved to adopt and approve the items of the consent agenda as submitted. Chairman
Dennison seconded the motion which carried by a unanimous vote.
1. AGREEMENT, Reimbursable Work: Road Work in the West End of County; Clallam County
2. RESOLUTION NO. 8-92 re: Increase in Petty Cash Fund for the Assessor's Office
3. AGREEMENT re: Criminal Indigent Defense Services for 1992 in the Jefferson County
Superior and District Courts; Clallam Jefferson Public Defender
4. Approve and Sign the Grant Application re: Domestic Violence Comprehensive Plan; State
Department of Social and Health Services
5. Sign Letter to Grays Harbor County re: Joint Waste Export Procurement
6. Sign Letter to Lewis County re: Joint Waste Export Procurement
7. CALL FOR BIDS; CH0940 Replace Courthouse Roof with New Slate and Copper Roofing
and Minor Masonry Repair; Set Bid Opening for 11 :00 a.m. March 2, 1992
8. CONTRACT re: Mechanical Improvements for Energy Conservation at the Jefferson County
Corrections Center; LeonardlHillman, Inc. Bremerton
9. Approve Bid Award; Installation of Closed Circuit TYNideo System; Richmond Radio, Port
Angeles for their Bid of $1,379.84
10. Approve Bid Award; Format Color Camera (CCD) & Lens, Color Monitor for ccrv Nideo
System; Greentree Radio, Port Angeles for their Bid of $3,312.69
11. CONTRACT No. #1-92-262014, Amendment #1 re: Jefferson County Human Services
Community Mobilization Against Substance Abuse (for the period 7/91 to 6/92); State
Department of Community Development
Juvenile and Family Court Services Director Lois Smith re: Job Description for
New Support Position Approved in 1992 Budeet: Juvenile and Family Court Services Director
Lois Smith reported that she has reviewed job descriptions for the newly funded support staff
position for her department. She feels that some of the functions of this position are more
accurately reflected in the Legal Secretary description. CoMmissioner Brown asked who did these
functions previously? Lois Smith reported that these functions were done by herself or the Ad-
ministrative Assistant. She is currently recruiting for the Administrative Assistant position in her
department, but has not yet advertised for the second support staff position.
Commissioner Brown stated that when the request for the second support position was reviewed
during the 1992 budget hearings the Board had a hard time finding the funding for it. It was
felt that a Senior Administrative Clerk (AS08) position would give relief to the office support
staff. The discussion continued about the functions in the various job descriptions, how much the
new position's time would be in functions that are in the "Legal Secretary" description, and how
those duties are assigned in the Juvenile and,FaµlÍly Court Services office. The Board asked that
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Commissioners' Meeting Minutes: Week of January 27, 1992
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Lois Smith review the duties of the support staff and try to assign them in such a way that the
new position be hired at the Senior Administrative Clerk level.
Recreation Director Warren Steurer re: Fees at the Swimmine: Pool and Pool
Closure: Recreation Director Warren Steurer came before the Board to discuss the revenue and
expenditures for the swimming pool. He stated that he has just received some new budget figures
and need to review them. He stated that a raise in user fees is being considered. He will put
together more up-to- date information and come back on February 3, 1992 at 10:00 a.m. to
discuss this further.
BUSINESS FROM COUNTY DEPARTMENTS
PUBLIC WORKS
BID OPENING re: One (1) Conveyor System for Bandline: and Sortine Recyclable
Materials: Public Works Director Gary Rowe opened and read the bid received on this conveyor
system.
BIDDER:
BID TOTAL:
1) Recycling Equipment Manufacturing, Airway Heights
$50,710.20
Commissioner Brown moved to have the Public Works Department check the bid for accuracy and
acceptance under the DOE grant proposal and make a recommendation for bid award. Chairman
Dennison seconded the motion which carried by a unanimous vote.
BEARING re: Application for Franchise; Aericultural Irrie:ation Line; Gardiner
Beach Road; Gary A. Bandy, Applicant: Public Works Administrative Secretary Eileen Simon
reported that this request is for installation and maintenance of a four inch agricultural irrigation
line on Gardiner Beach Road (extends 0.4 miles west from Rondelay Road) in Gardiner. The
Public Works Department reported that a 150% construction bond is necessary until the construc-
tion is completed, inspected and approved. This Board can waive the bond requirement if it is
determined that the grantee has financial resources adequate to fulfill the obligations under the
franchise.
The Planning and Building Department recommends approval based on the fact that this franchise
is in compliance with the Comprehensive Plan and the Gardiner Community Plan. PUD #1 has
water lines in the area and there would be at least two and possibly three 90 degree crossings of
water mains along the length of the proposed project. They also suggested that the applicant
could apply to use PUD water since there are concerns regarding the source of the water and the
issuance of water rights for this purpose.
Commissioner Brown stated that this franchise doesn't address the source of the water or the
water rights issue.
Chairman Dennison then opened the public hearing for comments for or against this franchise.
Frederick Tuso. Proiect Director for Garv Bandv. submitted maps showing the route of this
irrigation line as well as where the cuts and fills for the driveways and road crossings are located.
He reported that Mr. Bandy has applied for water rights for this project. A pond is the source of
the water for this gravity flow, drip irrigation system.
Mark Huth suggested that the Department of Ecology's water rights approval be granted before
the franchise is issued. Frederick Tuso suggested that a condition be added to the franchise that
says that it will not be granted until the water rights are issued. Mark Huth asked if PUD water
was available? Fred Tuso answered that it is, but that Mr. Bandy wants to use water which has
had nothing added to it. Mr. Bandy would like an independent system which does not take away
from any other water rights. It is also a gravity flow (passive) system while the PUD uses a
pumping system.
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Ruth Henshaw, property owner on Gardiner Beach Road, stated that they would like to know the
specific source of this water supply because their well is directly below this area. Fred Tuso
answered that the water originates from the pond that is located in the clearing at the west end of
Gardiner Beach Road. Mrs. Henshaw stated that they have a 60 foot well and they want
assurance that this pond will not effect the rest of the water in the area. Frederick Tuso reported
that this is a subterranean fed pond that has been in existence for several years. He added that he
knows personally that it has been in existence for at least a year and a half.
Harry Henshaw asked if they are depending on the surface water to fill that pond? Fred Tuso
stated that the pond was pumped last year and it is apparent that using only 24,000 gallons a year
will not make it run out of water.
Chairman Dennison reported that the water rights issue is determined by the State Department of
Ecology. All that is being requested from the County is the use of County road right-of-way for
the irrigation pipes. The Prosecuting Attorney has recommended that the County wait until the
water rights are issued to Mr. Bandy by the State Department of Ecology.
Mark Huth stated that because this franchise has to be in the public interest and since there has
been concern expressed by the PUD due to their water lines in the area and citizens because of
the possibility of water contamination, it would be advisable to ask for the granting of the water
rights before the franchise is approved.
Bob Leach, Manager PUD #1 stated that they don't have a particular objection to this franchise,
but their concern is that having more water lines in the same area. This could make the
maintenance on the systems more complicated. He reported that the water in the Gardiner system
is not treated in any fashion. The removal of water from the pond would be a surface water
right.
Chairman Dennison questioned having two franchises in the same area? Eileen Simon reported
that County franchises are not exclusive. Fred Tuso said that the lines will be installed on the
opposite side of the road from the PUD water lines. Mr. Bandy has considered adding two more
fire hydrants on this line for use if necessary. Chairman Dennison asked if there would be
enough pressure on the line for fire hydrants? Fred Tuso reported that it should have enough
pressure from the drop and the size of the line. Bob Leach added that a fire hydrant on a line
that is less than six inches is not recognized by the fire insurance industry. These fire hydrants
would only be for use if additional hydrants are needed.
The discussion continued regarding whether or not to consider approving the franchise before the
water rights are granted.
Frederick Tuso stated that Mr. Bandy will not put in the orchard if he doesn't get the water rights
for this pond. He feels that using the PUD water would be short term because at some point
they may have to treat their water and he doesn't want to use treated water on his orchard.
Commissioner Brown moved to continue this hearing until notice is received from Mr. Bandy that
he has the surface water rights necessary for this irrigation system. Chairman Dennison seconded
the motion which carried by a unanimous vote.
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The Commissioners met in a briefing session with Community Services Director David Goldsmith.
PLANNING AND BlliLDING
Adoption of Amendment to the Interim Zonin2 Ordinance: Planning and Building
Department Director Craig Ward reported that the interim zoning ordinance has been amended and
the maps have been changed to include those areas that the Board resolved as being in the
commercial zone at last week's meeting. Eric Toews, Assistant Planner, reviewed the changes to
the text of the ordinance.
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Craig Ward further reported that he received information since the last meeting that may slightly
change the Port Hadlock Community Center Commercial Zone map. The map was changed last
week to include Lot 1 of the Melwood Terrace Plat in the commercial zone as reflected in the
covenants of the plat. Apparently the covenants of the Melwood Terrace Subdivision have been
changed to include Lots 1, 2 and 3 in the commercial zone. There is a question if Lots 4, 5 part
of 6 and 7 and possibly lots 27, 28 and part of 26 should also be included. These lots are in
question because the line in the Tri Area Community Plan map ran across them.
Commissioner Brown asked if the people that own these lots feel that their lots are designated
commercial? Craig Ward reported that this was discussed with the owners of Lots 1, 2 and 3.
Commissioner Brown added that his understanding was that this ordinance would leave things
status quo with the designations under the previous Development Code. Craig Ward responded
that is correct, but he explained in order to do that the Planning Commission had to interpret the
Comprehensive Plan/Community Plan maps. Commissioner Brown said that he feels that Lots 1,
2 and 3 are clearly in the commercial zone but, adding any other lots should be left until the
permanent ordinance is proposed and reviewed for adoption. Chairman Dennison stated that he
agrees with Commissioner Brown that Lots 2 and 3 should be included in the commercial zone,
and any others be left as they are.
Prosecuting Attorney Mark Huth advised that language should be added to the section entitled
Effective Date to read "these amendments are necessary for the immediate preservation of the
public peace, health, and safety . . ." Eric Toews will add this wording to the amended
ordinance.
Marv Phillips asked if properties that abut commercially designated properties can be considered
commercial also? Craig Ward reported that the Comprehensive Plan states that properties within
660 feet of an intersection of major arterial roads and land adjacent to other commercial properties
have grounds to be considered for commercial uses. Mary Phillips stated that she owns property
adjacent to the County's gravel pit in Quilcene and asked if the gravel pit is designated commer-
cial? If it is not designated on the maps with this ordinance then it is in the General Use
category, Craig Ward reported.
Eric Toews reported that the Comprehensive Plan identifies where commercial activities are to be
placed, but it does not address industrial properties. Mary Phillips asked if gravel pits are
identified on County maps? Craig Ward answered that they are not mapped. If someone wanted
to do a crushing operation in one of these gravel pits they would have to apply for a conditional
use permit and prove that the property had been used for this purpose previously.
Frederick Tuso stated that in the Brinnon Community Plan there is reference made to several
"Neighborhood Commercial Areas" other than the Brinnon flats. The plan names three specific
areas. Craig Ward stated that these areas are not mapped but they are described in the Com-
prehensive Plan and any proposals for those areas would be reviewed against the provisions of the
Comprehensive Plan.
Richard Wiley asked if a person that has property that falls within the commercial designation as
described in the Comprehensive Plan, should make sure that their name is recorded so that the
County won't designate their property for another use? Craig Ward explained that the properties
in the area of the Highway 20/Airport Cutoff intersection are now designated in the General Use
Zone because there are no specific maps of the area. He suggested that Mr. Wiley consider
applying for a re-designation of that area in order to establish a specific map of that commercial
area. Mr. Wiley asked why he should have to ask for this when common sense should prevail?
He doesn't feel anyone would want to build a residence between a Drive In theater and a car
dealership on a major highway. Chairman Dennison stated that this is the first time the County
has actually drawn boundaries around commercial areas. The process is to define the specific
boundaries of the commercial area.
Mall Johani. representing the Tsetsibus Heritage Council stated that the interpretation of the
commercial zone on the Port Hadlock Community Center Commercial Zone map indicates that
instead of the Lower Hadlock Road being the boundary, the line was drawn straight across the
lagoon and spit. This (lagoon) area has been called Tsetsibus for about 15 years and is of
statewide significance for its archaeology and history. The Tsetsibus Heritage Council is working
with the County and anyone else who is interested, to see if they can leave this sensitive
ecological, and culturally rich area, to the children and grand children of the future. The County
holds a grant application from the lAC (State Interagency Council for Outdoor Recreation) and the
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Tsetsibus Heritage Council has informed the County that the DNR has a grant which could be
used as matching funds. She then submitted a letter from the Tsetsibus Heritage Council
explaining their position and work.
Dick Broders said that he is the owner of the property Mall Johani is discussing. He reported
that the people that wanted to purchase his property have been in contact with the County and not
with him. He found out about that by reading it in the Port Townsend Leader. He stated that if
things work out the people who will possibly develop this site will work with the Tsetsibus
people, but so far he doesn't like what has happened.
Robert Greenwav stated that none of this information came up about the Tsetsibus property when
the Planning Commission reviewed the maps. He asked what effect designating this property
commercial would have on it? Chairman Dennison stated that the direction that the Board gave
the Planning Commission was to interpret the Comprehensive Plan and the Community Plan maps
for the boundaries of the commercial areas on these maps.
Hearing no further public comment on this amended document Commissioner Brown moved to
approve and sign ORDINANCE NO. 2-0127-92 (an ordinance amending the Jefferson County
Emergency Zoning Ordinance, No. 1-0106-92) with the addition of Lots 2 and 3 of Melwood
Terrace to the Port Hadlock Community Center Commercial Zone map and to include the change
in language of the Effective Date section to what is in the original document. Chairman
Dennison seconded the motion which carried by a unanimous vote.
MEETING ADJOURNED
SEAL:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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