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HomeMy WebLinkAboutM020392 c..t~ c;;:? ~ö~ MINUTES WEEK OF FEBRUARY 3, 1992 The meeting was called to order by Chairman Larry W. Dennison. Commissioner B. G. Brown and Commissioner Richard E. Wojt were both present. The Commissioners' met in a briefing session with Public Works and Planning Department staff and Community Services Director David Goldsmith. Randy Brackett. Civil Eneineer. City of Port Townsend re: Discussion of Aeree- ment Between City and County for Repairs to Memorial Field Fence: Prosecuting Attorney Mark Huth reported that the City has reviewed the changes that the Board made to the hold harmless clause of the agreement for repairing the Memorial Field fence. Randy Brackett, Civil Engineer for the City reported that the City Attorney reviewed the change in subparagraph 6 (c). He feels that this wording is too broad and it could be misinterpreted and that it erodes the effect of the mutual indemnification clause. Mark Huth read subparagraph 6(c) which says "Jefferson County shall not be responsible in any manner for damage to Monroe Street or any area outside of the construction zone, occurring as a result of this project." Commissioner Wojt noted that it has been brought to the County's attention that there are some serious structural problems with Monroe Street and it is feared that work on the hillside could possibly lead to a failure in the roadway. Public Works Project Manager, AI Scalf stated that there is no way to know if there is a problem with Monroe Street until a cut is made across the profile of the road. He further reported that the construction zone has been defined as Memorial Field itself, up to the curb line of the existing sidewalk. The agreement also says that the County will not be held responsible for damage outside the construction zone. Randy Brackett submitted a letter which says that the City has no intention of roping the County into further repairs of any existing deficiencies in Monroe Street and he asked that the Board accept it as substantiation of the City's intent. Mark Huth stated that Mr. Brackett's letter does not bind the City to anything. He suggested that the City's Attorney add some wording to the agreement to that effect. Mr. Brackett stated that the wording proposed by the County would indicate that the County is indemnified to a greater extent than is customary in this type of agreement. Mark Huth reported that the County is worried about the existing condition of Monroe street and does not want to be held responsible for damage that may occur because of it. Chairman Dennison urged that the details of the intent of both the City and County be worked out and detailed in this agreement. Randy Brackett reported that City Ordinance says that abutting property owners are responsible for the repair of the sidewalk. This means the County is responsible for the repair of the sidewalk because it owns the property directly abutting Monroe Street. Mark Huth reported that the responsibility for the sidewalk in the City's ordinance is conditioned on when the sidewalk was built. After further discussion of this project, Mark Huth will work with the City Attorney to redraft the language of this section of the agreement. \ I,'>,! 'v'. 18' . iF; .~ \-',,- ,.\!:,- UU 203 Commissioners' Meeting Minutes: Week of February 3, 1992 Page: 2 Warren Steurer. Recreation Department Director re: Fees at the Swimmine Pool and Pool Closure: Recreation Department Director Warren Steurer submitted a summary of the costs for operating the swimming pool for the last four years. He reported there are seven major areas in the School District/County lease agreement for the pool: heating oil costs; custodial costs for 8 1/2 hours per week at the rate paid to the school custodian; $100 per month maintenance fee which covers items such as chemicals, facility enhancement and repairs; electric, water and sewer charges; and, finally that the County pays the full cost of the pool in the summer. He then summarized the pool staff costs. Commissioner Brown asked that utilization figures be provided for the pool. Warren Steurer reported that the numbers of people using the pool for recreational swimming has stayed the same over the past year, but an increase has come in swim lessons, swim club and synchronized swimming. Chairman Dennison reported that the lease and supervisor/administration costs have each increased by about 5% per year while the staff costs have increased by 14% per year. Warren Steurer reported that staff has been added and their wages have increased also. He noted that he has had to increase wages at the pool in order to keep qualified people. Life guards have to have 25 hours of training before they can be certified to work at the pool. The usage information will be developed and brought back before the Board at a later date, Warren Steurer reported. Frank D' Amore. Port Townsend Marine Science Center re: Approval of CZM Grant Application; Shoreline Education Proeram; State Department of Ecoloey: Frank D' Amore updated the Board on current grants and programs of the Marine Science Center. This application is for a Coastal Zone Management grant through the State Department of Ecology. The scope of work includes a three part project to enhance the public understanding of the Shoreline Management Act through presentations (four per week) at the Marine Science Center, guided beach walks for the public, and three workshops (one in Port Townsend, Port Ludlow and Quilcene) about the Shoreline Management Act and the County's Shoreline Master Program. These workshops will be presented by Katherine Baril of Cooperative Extension and Jim Pearson of the Planning Department. A video will be made of these workshops which will then be made available to the public. The grant application is for $7,073.00 with the same amount of local match. Commissioner Brown moved to approve the CZM grant application for Shorelines Master Program education project by the Port Townsend Marine Science Center. Commissioner W ojt seconded the motion which carried by a unanimous vote. Commissioner Brown moved to have the Chairman sign the application when it has been prepared. Commissioner Wojt seconded the motion which carried by a unanimous vote. Interfund Transfer of Half of Current Expense Contribution to the Soldiers' and Sailors' Relief Fund for 1992: In order to continue to approve payment of requests from the Soldiers' and Sailors' Relief Fund until the first half taxes start coming in, Commissioner Brown moved to approve the interfund transfer of half of the 1992 allocation to that Fund from Current Expense. Commissioner Wojt seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to adopt and approve the items on the Consent Agenda as submitted. Commissioner Brown seconded the motion which carried by a unanimous vote. 1. Approved Payment of Claim #C-01-92; Repair of Broken Windshield $300.52; Margaret Samuelson, as recommended. 2. RESOLUTION NO. 10-92 re: Creating a County Road Project CR1020; Teal Lake Road Improvements; From Milepost 0.00 to Milepost 0.60 3. RESOLUTION NO. 11-92 re: Establishing the Name for a Private Road; Potlatch Way (Off of South Jacob Miller Road) 4. Approved for Payment; Applications for Assistance from the Soldiers' and Sailors' Relief Fund; Paul A. Anderson $350.00; Harry A Ferbrache $350.00; Nannette Cintron $500.00; Marshall B. Kithcart $250.00; Larry L. Talley $350.00; John Hunt Peterson $425.00; and Roy A. Rogers $500.00 YQt.. 1'8" '.tr¡;OO·, r "'\'r~ 203 Commissioners' Meeting Minutes: Week of February 3, 1992 Page: 3 5. AGREEMENT #92-10-01; Basic Agreement for Services Funded by Jefferson County Human Services Department; Skookum Jump Rope Company 6. AGREEMENT #92-10-02; Regular Services Funded by Jefferson County Human Services Department for High School Graduates from 1989 to 1992; Skookum Jump Rope Company BUSINESS FROM COUNTY DEPARTMENTS PIANNING AND BUILDING Adoption of the Procedural Rules; To Govern the Conduct of Hearines and Other Matters of Procedure; Hearine Examiner Ordinance (Ordinance No. 1-0318-91): Associate Planner Jerry Smith reported that the procedural rules developed by the Hearing Examiner and Planning Department staff need to be adopted by the Board. The Planning Department has reviewed the rules and found them to be consistent with the ordinance. He reported that he did not know if the Prosecuting Attorney had reviewed them, however. The Board directed that the Prosecuting Attorney review these procedural rules before they consider adopting them. Later in the day: Planning and Building Department Director Craig Ward reported that the Prosecuting Attorney has reviewed, revised and approves of the Hearing Examiner Rules of Procedure. Commissioner Brown moved to adopt these rules of procedure as presented. Commis- sioner Wojt seconded the motion which carried by a unanimous vote. Appeal of Administrative Determination; Shoreline Permit Required for Rec- reational Moorine Buoy with a Fair Market Value of Less than $2.500; To Be Placed in Port Townsend Bay South of Lower Hadlock and North of Skunk Island; Randy Charriere: Associate Planner Jim Pearson reported that Mr. Charriere has applied to place a mooring buoy in Port Townsend Bay. It has been County policy that a shoreline permit be required for a mooring buoy when the applicant does not own the uplands adjacent to where it is placed. The Shoreline Act requires a permit for any project that will cost more than $2,500 or that would materially (significantly) interfere with normal use of the water. Projects that do not have a value of over $2,500 or do not interfere with the use of the water must be issued a permit exemption by the County. Mr. Charriere feels that his mooring buoy should be granted a permit exemption. Jim Pearson then reviewed how Island County and Clallam County handle mooring buoys. He then recommended that a new policy be adopted as follows: 1) Applications by owners or lessees of adjoining single family residences would continue to be exempt from the Shoreline Permit process for a mooring buoy. These persons would continue to have priority to use the area out to minus six feet at mean lower low water. 2) Applications for all mooring buoys in Mystery Bay, Mats Mats Bay, Port Ludlow, Fisherman's Harbor, and Pleasant Harbor would be presumed to have the potential to materially interfere with the normal public use of the water and would be required to obtain a shoreline permit. 3) The Planning Department would review all other applications for mooring buoys to determine if they would materially interfere with the normal public use of the water. Those that would not would be reviewed as shoreline permit exemptions. Those that appeared likely to do so would be reviewed through the shoreline permit process. Mr. Charriere's buoy is located in an area where it does not materially interfere with normal public use of the water, and Jim Pearson recommended that it be subject to the permit exemption process. Commissioner Brown asked if Mr. Charriere's mooring buoy would be subject to the new policy? Chairman Dennison stated that before he is willing to change the policy, he wants staff to develop a list of criteria to measure applications against for a determination of whether the buoy would materially interfere with the public's use of the water. Wi. 18 Br,¡; 00 204 Commissioners' Meeting Minutes: Week of February 3, 1992 Page: 4 Jim Pearson reported that there is nothing in the Shoreline Master Program that says that a mooring buoy needs to have a Shoreline Permit. A Shoreline Permit exemption is only from the process. The application would still be required to meet the performance standards in the Shoreline Act. Jim Pearson will review the record to determine when and why the County's policy was implemented and what basis there was for the policy. No action will be taken on this request until more information is available on this policy, and the situation is reviewed with the Prosecuting Attorney. Discussion of Joint CZM Grant Proposal; Coordinator to Track the Pipeline Application. Research Issues. and Provide Information on the Status of Permit Reviews. Meetines. etc.; Island. Clallam and Jefferson Counties: Planning & Building Department Director Craig Ward reported that he has discussed the possibility of Clallam, Island and Jefferson Counties sharing the cost of a coordinator who would be hired to track oil pipeline applications. Island County is applying for a CZM grant to fund this position for one year. The three counties would share the matching portion of this grant equally, if it is approved. Island County is asking if Jefferson County is interested in participating because the grant application is due next week. Craig Ward asked if the Board feels that Jefferson County should participate in this grant? The Board concurred that Craig Ward notify Island County that Jefferson County will participate in this grant application. Discussion of Plannine Commission's Request to Address More Issues Involvine Resource Lands and Critical Areas for Growth Manaeement: Fred Grove, Chairman of the Planning Commission, submitted a letter from the Commission outlining the critical issues that remain unresolved and indicating their willingness to participate in any effort to resolve them as well as to evaluate the Citizen Work Group report further. He also asked that the Planning Commission be allowed to review any ordinances that the staff develops before they are submitted to the Commissioners. He noted that the Planning Commission would like direction on how the Board would like them involved, what they are to do, and a time line for their work. Commissioner Brown noted that he feels that the ordinances need to be drafted as soon as possible so there is something that the public can review and comment on. He added that he sees the Board giving staff direction on how to draft the ordinances and having them do that. Discussion ensued on the unresolved issues, the work that the citizen work groups and Planning Commission have done, and who will draft the ordinances. Chairman Dennison stated that he feels that a definition of Long Term Significance must be developed before anything else is done. He added that all of the unresolved issues identified in the Planning Commission letter must be resolved in some manner before the ordinances can be drafted. Commissioner Brown stated that his fear is that a considerable amount of time can be spent trying to resolve these issues and there still would not be the information needed to develop the necessary ordinances. Fred Grove said that he is not indicating that these issues be taken back to the public for further comment. He is asking that the Board allow the Planning Commission to work with staff on developing the ordinances. They feel that the County would get a better document if the Planning Commission is involved. Commissioner Wojt questioned if it would be better use of the Plann- ing Commission's and public's time to draft a model ordinance from what has been recom- mended and go forward with that? Commissioner Brown stated that the public was told at all of the Growth Management Forums that the recommendations that were developed by the citizen work groups would be forwarded to the Commissioners for them to use in the development of the necessary ordinances. The Board will discuss how they want to proceed with this work and then advise the Planning Commission of their decision. i'~, 18r~r,; 00 205 '.... ') Commissioners' Meeting Minutes: Week of February 3, 1992 Page: 5 Request for Fundine of the Visitor's Guide; Port Townsend Chamber of Com- merce: Commissioner Brown moved to approve the request for payment of $10,350.00 from the Promotion and Community Events line of the HotelfMotel Tax Fund as requested by the Port Townsend Chamber of Commerce for printing and distribution of the Visitor's Guide. Commis- sioner Wojt seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: «~.¡ Lorna L. Delaney, Clerk of the Board ATTEST: ,(i:_ 18 ,r!>f,C 00 206 if