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MINUTES
FEBRUARY 18, 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 Board met in a briefing session with Community Services Director David
Goldsmith.
Proposal from District Court re: Adult Probation Services: Com-
munity Services Director David Goldsmith reviewed the request from the District
Court to combine the technical responsibilities of the Deputy Probation Counsellor
and Probation Counsellor, currently in this department into one position and use the
money saved for a secretarial support position. Chairman Dennison asked that the
figures presented by District Court be checked and that the office organization be
reviewed further before a decision is made on this request.
Request for Hotel/Motel Tax Funds; Port Hadlock Chamber of
Commerce: David Goldsmith reported that the Port Hadlock Chamber of Com-
merce was given funding from the 1992 Hotel/Motel Tax Fund to pay past due bills
to keep their Visitor Information Center open. They are now asking for more
funding to keep the VIC open for the balance of 1992. David Goldsmith will meet
with the representatives of the Port Hadlock Chamber to discuss their needs further
and report back to the Board.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA:
Commissioner Brown moved to delete item 16 and then approve and adopt the
balance of the items on the Consent Agenda. Commissioner Wojt seconded the
motion which carried by a unanimous vote.
1. AGREEMENT re: Surveying Services for the New Alignment on the South
Bogachiel Road Slide CR0606; Northwestern Territories, Inc. Port Angeles
2. Bid Award: One (1) Conveyor System for Handling and Sorting Recyclable
Materials; To Recycling Equipment Manufacturing, Airway Heights for the Bid
of $50,710.20
3. Approved State Purchase Requisition for a 1992 GMC 3500HD Truck Cab and
Chassis; For Public Works Department; Smokey Point Sales & Service, Arlington
4. Bid Award; Labor and Equipment to Move the Jefferson County Health Depart-
ment to a New Facility; Town and Country Movers
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Commissioners' Meeting Minutes: Week of February 18, 1992
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5. Hearing Notice re: Changing the Name of a Platted Road in Evergreen Addition;
From Third Street (also known as Alder Avenue); Setting Hearing Date of March
2, 1992 at 10:30 a.m.
6. RESOLUTION NO. 12-92 re: Hearing Notice; Application for Franchise; For an
Irrigation Line in County Road Rights-of-way of Highland Drive and Paradise
Bay Road; Pope Resources Applicant; Setting Hearing Date of March 9, 1992 at
10:30 a.m.
7. Approve 1992 Dance Licenses; 1) The Resort at Port Ludlow and 2) The
Whistling Oyster Tavern, Quilcene
8. AGREEMENT and Approval of Payment re: Program Funding for 1992;
JeffersonjClallam Counties Big BrotherslBig Sisters Program
9. AGREEMENT re: Program Funding for 1992; Clallam Jefferson Community
Action Council - Community Center Programs
10.AGREEMENT re: Program Funding for 1992; Clallam Jefferson Community
Action Council - Health Care Access Program
I1.AGREEMENT re: Program Funding for 1992; Clallam Jefferson Community
Action Council - Forks RecreationjRSVP Program
12.Approve for Payment; Applications for Assistance from the Soldiers' and Sailors'
Relief Fund; William Burney $500.00; Elmer Assman $500.00; Bruce E. White
$400.00; Mervyn W. Browne $350.00
13.Approve Public Meeting Notice; Workshop on Flooding; Scheduled for February
25, 1992 at 10:00 a.m.; Quilcene Community Center
14.AGREEMENT No. 91-10-21 Amendment 1 re: Health Department Services for
the Child Development (Birth - 3 Years of Age) Program; Jefferson County
Human Services
15.AGREEMENT and Request for First Quarter Allocation re: Program Funding
for 1992 from the HoteljMotel Tax Fund; Jefferson County Historical Society
16.Item Deleted AGREEMENT and Request for Payment re: Program Funding for 1992 from the Hotel/Motel
Tax Fund; Jefferson County Maritime Bicentennial Organizing Committee
17.Notice of Request for Proposals; For Environmental Consulting Services; To
Assist in the Implementation of the Newly Adopted Jefferson County Open
Space Tax Program for the Jefferson County Planning and Building Department
18.RESOLUTION NO.13-92 re: In the Matter of the Prosecuting Attorney's Salary
for 1992
APPROVAL OF THE MINUTES: Commissioner Brown moved to adopt
the minutes of December 16 and 23, 1991, January 6, 13, and 21, 1992 as
presented. Commissioner Wojt seconded the motion which carried by a unanimous
vote.
Vacancies on the Parks Advisory Board: The Clerk of the Board
reported that there are currently four vacancies on the Parks Advisory Board; three
representing the third Commissioner District and one representing the first Commis-
sioner District. These vacancies were advertised with an application submission
deadline of January 31, 1992. Three applications were received from interested·
residents in the third district and two were received from the first district. Three
more applications were received after the deadline for the position representing the
third district.
The Board concurred that since a deadline was advertised that the applications
received after that time, not be considered. The Board will interview all of the
applicants for these positions.
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Commissioners' Meeting Minutes: Week of February 18, 1992
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BUSINESS FROM COUNTY DEPARTMENTS:
PLANNING AND BUILDING
AGREEMENTS (2) EIS Coordinator and EIS Preparation; Determina-
tion of Sienificance and Request for Comments on Scope of EIS; Mixed Use
Residential. Commercial and Recreational Development (SDP91-0017); Inn at
Port Ludlow; Pope Resources (See also Minutes of February 10. 1992):
Associate Planner Jim Pearson reported that this meeting is to resolve the issue of
the EIS Coordinator and the EIS preparation agreements. An advertisement for the
EIS Coordinator position is being prepared to be published next week.
Prosecuting Attorney Mark Huth reported that he has reviewed both of these
documents and made changes to them. He noted that the Board will need to initial
the changes:
EIS Preparation Agreement:
· Page 1, item 3 "Reporting and Supervision by Jefferson County" of the EIS
Preparation Agreement which will say". . .and shall report directly to the EIS
C d· "
oor malor, . . .
· Page 2, item 4 "Consultant Responsibility" (D) to read ". . . to ensure ap-
propriate preparation, coordination . . ."
EIS Coordinator Agreement:
· Page 2, Mark Huth reported, states that Pope Resources will pay the Coordinator
directly. He feels that the County should pay the Coordinator and Pope Resour-
ces can then reimburse the County for that cost. The County will enter into a
professional services contract with a qualified person to provide these services.
David Cunningham, representing Pope Resources agreed that the agreement be
changed to read "Pope Resources agrees to pay Jefferson County directly for the
work to be performed pursuant to this Agreement. "
Chairman Dennison then reviewed the items submitted by the Port Ludlow Com-
munity Council in their letter of February 18, 1992.
Expanded Scoping - Chairman Dennison reported that the County did not invoke
the expanded scoping process.
Alternatives - The Planning Department referred to the PLCC Alternative 1 as
Alternative 2 in their staff report. Stan Kadesh, representing the PLCC, reported
that this was mentioned to point out that a correction is needed.
Concern 1 - Stan Kadesh stated that the PLCC is concerned that they have a
copy of the site specific alternative submitted by Pope Resources prior to the
February 26 meeting. David Cunningham reported that the alternatives submitted
by the PLCC were not given to Pope Resources in advance of the meeting. He
offered to have copies of the programmatic and site specific alternatives to the
County and the PLCC by the end of this week.
Concern 2 - Since the Board elected to select an outside consultant to prepare
the EIS and to enter into an agreement with Pope Resources defining the respon-
sibilities and relationships between the Lead Agency and the applicant, Stan
Kadesh stated the PLCC has the following concerns:
a) Has the consultant been selected by Pope Resources or the County?
b) Has the consultant been authorized to start collecting data from governmen-
tal agencies prior to the agreement being approved by the County?
c) Can the County (Lead Agency) provide the general requirements to the
consultant and the other governmental agencies before the completion of
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Commissioners' Meeting Minutes: Week of February 18, 1992
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the EIS scoping which is scheduled for February 26? Jim Pearson
reported that Section 402 of the WAC lists the requirements.
Chairman Dennison reported that the answer to a) is that the County has agreed to
the selection of the consultant. This was discussed at the last meeting. Mark Huth
reported that he just gave the representatives of the PLCC a copy of the agree-
ments.
Mr. Kadesh then questioned if $5,000 is enough to hire an EIS Coordinator to
oversee this project? Jim Brannaman added that he feels to hire an outside
consultant to do this work will probably cost more than $5,000. He expressed
concern that once the money is gone that the County may decide that they can't
afford the oversight of the project. Mark Huth stated that the proposed agreement
for the EIS Coordinator says that "Absent an agreement between the parties to the
contrary, the EIS Coordinator shall be paid based upon an hourly fee mutually
agreeable to the parties. Pope Resources agrees to pay up to, but not to exceed,
$5,000 of the salary expense of the EIS Coordinator. . ." He feels this clause
leaves the agreement open for further negotiation if the $5,000 runs out. David
Cunningham confirmed that there is a limit of $5,000. He feels that $5,000 will be
more than adequate for this work. The discussion continued regarding this position,
and how much time, and funding is needed for it, who the Coordinator will answer
to, and the hourly rate for this work.
Mark Huth advised that instead of trying to cover every possible eventuality of
hiring in the agreement, he feels that the advertisement should be placed and the
hiring process be started, to see if there is anyone qualified and interested in doing
this work.
Regarding the item (2 a) about whether the consultant was authorized to start
collecting data and item (2 c) whether the intent of WAC 402 has been met,
Chairman Dennison stated that he hasn't heard anything about the agreed upon
consultant gathering information. Jim Pearson reported that Marsha Harris,
Chima cum School District, told him that the Farris Company has contacted them
requesting that the School District begin preparing information to address their
concerns. Chairman Dennison asked the representatives of the PLCC if they were
aware of any instances where anything more than general information was req-
uested?
Stan Kadesh reported that they were under the impression that the hiring of the
consultant would not occur until the EIS Preparation Agreement was approved by
the County. Then they were given information that the school district and the fire
district were approached by the consultant for information. Chairman Dennison
explained that during last weeks meeting it was agreed that Pope Resources would
be allowed to chose the consultant with the County's concurrence as long as they
were willing to allow the County to hire an independent Coordinator. He feels that
the information that was requested in both of these instances, is information that
would be necessary no matter who the consultant is.
Stan Kadesh reported that they feel this is putting the horse before the cart. The
County doesn't have the Coordinator hired yet. Chairman Dennison added that the
consultant would be gathering this information at their own risk. Commissioner
Brown added that he feels the role of the Coordinator is to evaluate the informa-
tion that is gathered. Chairman Dennison summarized that the Coordinator is to
make sure that issues identified in the scope are covered, and that the information
provided is accurate. Mark Huth then reviewed the consultant responsibilities
identified the EIS Coordinator Agreement.
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Commissioners' Meeting Minutes: Week of February 18, 1992
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Jim Pearson asked how the Board would like to coordinate the preparation of the
EIS? Chairman Dennison answered that he would like to wait until the EIS
Coordinator is hired before addressing that.
Commissioner Brown moved to approve the Agreements with Pope Resources for
the EIS Preparation and Coordinator with the changes as recommended by the
Prosecuting Attorney. Commissioner W ojt seconded the motion which carried by a
unanimous vote.
Shoreline Substantial Development Permit No. 91-0008; Place a
Recreational Moorine: Buoy; 700 feet South of the Mystery Bay State Park
Dock; Edward Dele:ado: Planning Department Permit Technician Michelle Grewell
reviewed this Shoreline Permit for the placement of a private, recreational mooring
buoy approximately 500 feet southwest of the Mystery Bay State Park dock.
Associate Planner Jim Pearson added that several Shoreline Permits were approved
for mooring buoys in this general vicinity in 1989. The mitigated determination of
non-significance issued on May 22, 1989 for Beauchamp, et al was adopted for this
permit. He reported that the Planning Department did not find any problems with
impacts to navigation, adjacent shoreline properties, or placement of other mooring
buoys in the area by shoreline property owners.
Commissioner Brown moved to approve the shoreline permit for Edward Delgado as
recommended by the Planning Department. Commissioner Wojt seconded the
motion which carried by a unanimous vote.
Eric Huart and Kathy Lindquist. State Department of Community
Development re: The Growth Manae:ement Act Deadlines: Eric Huart and
Kathy Lindquist of the State Department of Community Development came before
the Board to discuss the January 31, 1992 letter which advised that the DCD could
not grant an extension beyond the March 31, 1992 deadline for the County to have
interim ordinances adopted regarding Resource Lands and Critical areas as provided
in the State's Growth Management Act.
Chairman Dennison advised that Jefferson County took the directive of the Growth
Management Act regarding early and continuous public involvement very seriously.
He then reviewed the public process Jefferson County has gone through to date on
Growth Management.
Eric Huart explained that if the March 1 deadline is not met by the County,
individuals may file suit because the County would not be in compliance with the
State law. After the March 1 deadline has passed, someone would have to appeal
the missed deadline to the Growth Planning Hearings Board for this area. These
Planning Board's won't be appointed until April 1. If the Planning Board found
that the County was not in compliance with the Growth Management Act, they have
the authority to grant the County an extension to get into compliance. If they
decided that the County was not in compliance, they would forward their findings
to the Governor who could start sanctions against the County. Tax monies and
grant funding could be withheld as part of these sanctions.
Kathy Lindquist reported that the Hearings Board can give the County up to 180
days to get into compliance and one of the things they will be looking at is the
County's good faith effort to work on these regulations.
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Commissioners' Meeting Minutes: Week of February 18, 1992
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The discussion continued regarding the problems Jefferson County has faced in
trying to meet the provisions of the Growth Management Act, inconsistencies in the
Act, the flexibility in the Act and the Legislature's intent when they passed it.
Eric Huart reminded the Board that whatever ordinances are adopted now will have
to be changed after the Comprehensive Plan is updated because these ordinances
will have to be in compliance with that document when it is finished. The longer
term impact on how critical lands and resources lands are conserved will be from
the Comprehensive Plan update which is the next requirement of the Growth
Management Act.
Chairman Dennison asked if there was information available from other Counties
that might help? Kathy Lindquist reiterated that it is important for Jefferson County
to move forward in developing the interim regulations that will fit its' requirements.
Chairman Dennison then asked if a SEP A review and threshold determination is
required for the interim regulations? Eric Huart reported that every County has to
determine how this will be done. As far as he remembers, there has only been one
EIS done on the interim regulations and that was in King County. Every County
is required to do an environmental checklist and threshold determination on these
interim regulations. Kathy Lindquist then reported that King and Pierce County
are finished or close to finished with their interim regulations. Some jurisdictions
indicated that they feel they have already met the requirements of the Act. The
majority of the Counties are in the same situation that Jefferson County is, in trying
to meet the March 1 deadline.
The discussion then turned to the need for definitive maps of the resource lands and
critical areas, the technical and financial assistance that the County needs, and the
Jefferson 2000 survey of community values. There are technical assistance work-
books being developed by DCD for the Counties to use, Eric Huart reported. The
procedural criteria to be used in the Comprehensive Plan update is also being
developed. The discussion turned to how the County will proceed with the review
and update of the Comprehensive Plan.
Plannim! Commission Request for Additional Involvement in Draftin2
the Growth Mana2ement Interim Ordinances: Planning and Building Depart-
ment Senior Planner James Holland presented and reviewed the two proposed
alternatives timelines for producing the draft interim ordinances required by the
Growth Management Act. Alternative 1 outlines the timeline for this process to be
completed by June 1, while Alternative 2 outlines the timeline for completion of the
process by April 27. He reported that it appears to him that the most efficient way
to proceed is to have these ordinances be controlled by the Board rather than the
Planning Commission.
Both of the alternative time lines presented, Craig Ward reported, presume that the
ordinances will be drafted by Planning Department staff for the Board, then be sent
to the Planning Commission for a report and when that is done the Board will hold
public hearings on them. The Planning Commission has played an active role in
the Growth Management process to date.
Chairman Dennison suggested that as the ordinance language is drafted by the
Planning Department they provide it to the Planning Commission to review as soon
as possible. Craig Ward reported that the Planning staff could schedule workshops
with the Planning Commission on a weekly or bi-weekly basis as the language is
drafted. The discussion continued regarding the Planning Commission's role in this
process, the time needed to draft the ordinances, and trying to meet the deadlines
for the adoption of the ordinances.
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James Holland explained that Alternative 1 has a provision for several public
hearings. After the public hearings the public and staff input will be reviewed with
the Board in a workshop. After the final SEP A threshold determination is made
the final revision of the draft ordinances will be produced for the Board to take
action on.
The Board concurred that the Alternative 1 timeline be adopted with four public
hearings scheduled; one each in Port Townsend, Chimacum (Tri Area), Quil-
cenefBrinnon and the West End. After further discussion of the Planning Commis-
sion's role, the Board also concurred that these ordinance will be controlled by the
Commissioners.
Crah~ Ward. Director. Plannin2 & Buildin2 Department re: Resource
Land Desi2nation Mappin2 Requirements: Craig Ward reported that the maps of
the resource lands would be helpful to have for the public to see during the interim
ordinance hearings. The Growth Management Act does not require maps when
performance standards are developed, however. A recommendation has been made
by the resource land work group that the existing resource land boundaries be used
to delineate resource lands for Growth Management. The County doesn't currently
have parcel specific maps to interpret the optimum land use maps.
After further discussion of the use of the Optimum Land Use maps and/or per-
formance standards, Assistant Planner David Young asked that a date for completion
of the maps be set by the Board. Chairman Dennison reported that the real issue is
if there is the funding to pay for having the maps done sooner than originally sche-
duled. David Young advised that it will cost approximately $15,000 to have these
maps ready for the public hearings. Another $5,000 is needed to complete the
parcel mapping project. Chairman Dennison reported that the Board will review
this matter with the Budget Manager.
Plannin2 Commission Recommendation for Adoption of Administrative
Rules for the Interim Zonin2 Ordinance: (See also Minutes of February 10,
1992) Craig Ward reported that the Planning Commission meeting record was
reviewed to determine if they were operating in an official meeting when they
reviewed the Administrative Rules. There was confusion about whether their
meeting was cancelled. He noted that the staff was not notified that the meeting
was cancelled. If the meeting had been cancelled a public notice to that effect
would have to be published and that was not done.
Frederick Tuso reported that he was at the Planning Commission meeting prior to
the last one and Fred Grove, Chairman of the Commission, stated to the audience
that there would be no regular meeting the next week.
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Commissioners' Meeting Minutes: Week of February 18, 1992
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Mark Huth suggested that, even though the legal and technical requirements were
met, the best solution would be to have the Planning Commission review these
Administrative Rules at their next meeting. The Board concurred that these
Administrative Rules be sent back to the Planning Commission for their review.
MEETING ADJOURNED
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
SEAL:
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ATIEST:
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- ma L. Delaney, .. . . .
Clerk of the Board
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