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HomeMy WebLinkAboutM051192 .. MINUTES WEEK OF MAY 11. 1992 Chairman Larry W. Dennison called the meeting to order at the appointed time with Commissioner B.G. Brown and Commissioner Richard E. Wojt both present. PUBLIC COMMENT PERIOD: Questions and discussion centered around: the Growth Management Act, a law suit against 49 local governments regarding wetlands, the State Department of Ecology Flood Control Assistance Program, the funding for the Maritime Bicentennial festivities, how the funding for the Brinnon Senior Center is used, the County's redistricting plan and an alternative redistricting plan presented by the Kala Point Home- owners. BUSINESS FROM COUNTY DEPARTMENTS PUBLIC WORKS Discussion of a Proposed Ordinance Repealin2 Ordinance No. 3-85 (As Amended by Ordinance No. 04-0617-91); Jefferson County Road Vacation Ordinance: Prosecuting Attorney Mark Huth reported that the laws of 1889 created a situation in which roads that were not opened within five years of platting are considered vacated if the plat was recorded prior to March 12, 1904. This proposed ordinance sets up an administrative procedure to handle this situation. It will also establish three classes of roads: Class A - Roads established for which no public expenditures have been made by the County. Class B - Roads established on which public expenditures have been made. The County has accepted the road. Class C - Roads platted prior to March 12, 1904 which remained unopened for public use for a period of five years after the plat was approved. This proposed ordinance sets up a system to deal with vacations in each class of road. He then reviewed some of the provisions in the proposed ordinance, which include an administra- tive procedure to deal with the Class C roads that have been vacated by law. The discussion continued regarding some of the wording in the proposed ordinance. Commissioner Brown moved to set the public hearing on the proposed Road Vacation Ordinance for June 15, 1992 at 10:30 a.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. ,'01.. 18 lXI" 430 Commissioners' Meeting Minutes: Week of May 11, 1992 Page: 2 Proposed Purchasin2 Ordinance: Public Works Director Gary Rowe presented and reviewed a proposed purchasing ordinance for the Board. He advised that the State laws governing County purchases have changed since the County's previous policy was adopted and this proposed ordinance will meet the current laws. Chairman Dennison discussed several changes with the Department staff. The changes will be made and a hearing notice prepared for the Board's consideration. Coyle Community Center Bid Award: Public Works Architectural Project Manager Al Scalf reported that in the interlocal agreement with Parks and Recreations District #1 the District Commissioners are responsible for making the bid award for this project. At their last Commissioner's meeting the Parks and Recreation District Commissioners voted to award the bid for this project to Schademan and Associates, Inc., for their low bid of $165,470.00. EMERGENCY MANAGEMENT Bob Minty. Risk Mana2ement Coordinator re: Special Events Permit Applica- tion; RaUy Located at a Site off Kennedy Road in Port Hadlock; Rhododendron Fes- tival Weekend May 16 & 17. 1992; ABATE Motorcycle Club: Bob Minty, Risk Manager, reported that he has been advised that Wally Bowman the adjacent property owner who had given verbal consent for the use of his property for this event, has since withdrawn that permission and the event has been cancelled. Mark Huth reported that Mr. Keeney of ABATE had stated at the last meeting that Mr. Bowman had given verbal consent, but nothing was submitted in writing at that time. The Board discussed the definition of wetlands and the rules that the County is using (1989 manual) regarding wetlands in the drafting the GMA ordinances. They then interviewed Lars Watson who is interested in a position on the Board of Equalization. BOARD OF EQUALIZATION Appointments to Three Vacant positions on the County Board of Equaliza- tion: Commissioner Brown moved to appoint James DeLeo (Commissioner District #1), Bill Marlow (Commissioner District #2), and Dick Broders (Commissioner District #3) to each serve a three year term on the Board of Equalization. Lars Watson is appointed to an unexpired term to serve as the alternate member (his term will expire May 31, 1992). Commissioner Wojt seconded the motion which carried by a unanimous vote. PLANNING AND BUILDING Request to Exclude those Portions of Tax Parcel 721022001 North of KiUapie Beach Road (less platted area) from Buildin2 Moratorium for Properties Located in Section 2. Township 27 North. Ran2e 1 E. WM (Termination Point Area - Resolution No. 69-83); David Vanderbur2: Planning and Building Department Director Craig Ward explained that Resolution No. 69-83 put a moratorium on building in the Termination Point area due to slope instability. The resolution allows the building moratorium to be lifted for specific sites within this area "upon assurance and demonstration, under the direction of a licensed civil engineer or geologist knowledgeable in the practice of soils and/or geological engineering, that slope stability can be accomplished." Mr. Vanderburg had a slope stability study done for his site by G.W. Thorsen & Associates, Craig Ward reported. This study recommends that building can be done on the site subject to six conditions. The Planning Department has drafted a resolution for a partial repeal of the building moratorium for this property (known as Tax parcel #721022001). Arthur Quigley, VOL 18 U~~ Oft. 43':1 Commissioners' Meeting Minutes: Week of May 11, 1992 Page: 3 representing Mr. Vanderburg, asked that the property owner named in the Resolution be changed from Vanderburg to Quihovan, Inc. Commissioner Brown moved to approve RESOLUTION NO. 35-92 with the change of the legal owner of the property from Vanderburg to Quihovan, Inc. as submitted. Commissioner Wojt seconded the motion for discussion. After discussion of the slope stability report, Prosecuting Attorney Mark Huth reported that the seller should disclose to any future pur- chaser that the property is subject to certain conditions for building. Commissioner Wojt asked if the conditions would have to be written into the deed for the property? Mark Huth reported that it is the sellers liability to disclose these conditions to potential purchasers. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. Request for Conditional Use IZ09-92; To Develop 3.6 Acres Zoned for General Use with an Office Buildin2 for Real Estate and Related Uses; Loomis Properties. Bert Loomis: Prosecuting Attorney Mark Huth reported that the Hearing Examiner has reviewed the conditional use request submitted by Loomis Properties to develop a real estate office building on a 3.6 acre parcel that is currently zoned "General Use." The Hearing Examiner recommends that it be denied. Richard E. McCann, Attorney representing Bert Loomis, submitted a motion to deny the hearing examiner's recommendation, to the Board. Mark Huth reported that the Board can either approve or reject the Hearing Examiner's recommendation. If the Board chooses to reject it they must hold their own public hearing to develop findings of fact and conclusions of law separate from those developed by the Hearing Examiner. Mark Huth stated that the Planning staff, in their report, recommended approval of the request. He added that he feels the Hearing Examiner made findings concerning a sub- division boundary line adjustment which were superfluous to his decision and not necessary for him to decide. With regard to the conditional use application, Mark Huth noted that the Hearing Examiner's findings are based on what he believed to be the intent of the Com- prehensive Plan. He added that he feels the Hearing Examiner was wrong in that also. He then recommended that the Board reject the Hearing Examiner's recommendation and hold their own hearing on this request. After considerable discussion of the Optimum Land Use Maps, the Hearing Examiner's recommendation on this request, and the intent of the Comprehensive Plan, Commissioner Wojt moved to reject the recommendation of the Hearing Examiner and to set a public hearing on this matter. Commissioner Brown seconded the motion for the purpose of discus- sion. He noted that he hasn't reviewed the Hearing Examiner's recommendation or the Planning Department's report thoroughly and asked the basis for rejecting the Hearing Ex- aminer's recommendation? Mark Huth reported that he feels the Hearing Examiner is wrong about the designation of this area as it is shown on the Optimum Land Use Map by his interpretation of the policies in the Comprehensive Plan. He added that the Hearing Examiner reviewed the request properly, but he came to a different conclusion than the Planning Department staff. This indicates a need for the Board to review and decide on this matter. Richard McCann, Attorney for Bert Loomis, stated that the confusion around the issues that raised clearly justify the need for the Commissioners to have their own hearing on this request. He noted that they agree with Mark Huth and asked that the Board set a hearing on this matter. Jerry Smith reported that he found inconsistencies between the map and the Comprehensive Plan policies. Commissioner Brown called for a vote on the motion. The motion carried by a unanimous vote. Commissioner Wojt moved to set the hearing for Tuesday May 26, 1992 at 2:00 p.m. Commissioner Brown seconded the motion which carried by a unanimous vote. vot. 18ur;~ 00 438 l Commissioners' Meeting Minutes: Week of May 11, 1992 Page: 4 Shoreline Substantial Development Permit #SDP92-0001; Construct a 46 Foot by 6 Foot Pier on Mystery Bay; Jeffrey and Vicky Whittin2: Associate Planner Jim Pearson reported that this pier is already constructed on Mystery Bay. Concrete pilings were placed at the site during 1979 by the previous owner of the property. The Whitting's purchased the property and built a deck over the pilings which created the pier. The Plan- ning Department staff has made a site inspection and found no immediate environmental damage. This pier is for the joint use of the property owner and their neighbors. The Shoreline Commission reviewed the application and recommends approval of the permit. Commissioner Brown moved to adopt the findings and conclusions of the Shoreline Commis- sion and approve the Shoreline Permit as submitted by Jeffrey and Vicky Whitting. Commis- sioner Wojt seconded the motion which carried by a unanimous vote. Final Short Plat Approval; Watertouch Short Plat #SP5-91; 4 Lot Subdivision off of SRIOl. Brinnon; Paul and Linda Elliott: Permit Technician Michelle Grewell reported that this short subdivision is located just south of the Pleasant Harbor Marina. All required departments have reviewed and signed off on this short Plat. Commissioner Brown moved for final approval of the Watertouch Short Plat #SP5-91 as submitted. Commissioner Wojt seconded the motion which carried by a unanimous vote. APPROVAL OF THE MINUTES: Commissioner Brown moved to approve the Minutes of April 13, 1992 as read and the minutes of April 20, 1992 as corrected. Commis- sioner Wojt seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to approve and adopt the items on the Consent Agenda as presented. Commis- sioner Brown seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 36-92 re: In the matter of Establishing a Cash Drawer Amount for the Animal Shelter; Jefferson County Animal Service 2. AGREEMENT re: Purchase of One (1) 1992 Etynyre "SAM" Asphalt Distributor Model BTHL300, As Awarded; SahIb erg Equipment, Inc. of Seattle for their bid of $36,380.18 3. Request for Payment of Second Quarter Allocation from the Hotel/Motel Tax Fund; Port Hadlock Chamber of Commerce 4. Sign Findings, Conclusions, and Conditions; Permit for a Temporary RV Park; Snow Creek Ranch; Dave Phinizy The Board spent the balance of the business day conducting interviews of persons interested in serving on the Housing Authority Board. At the conclusions of these interviews, the meeting was recessed and reconvened at 10:00 a.m. on Tuesday May 12, 1992. All three Board members were present to conduct interviews of persons interested in serving on the Planning Commission. JEFFERSON COUNTY BOARD OF COMMISSIONERS ,~ i' . . J .. . i SEAL! ATTEST: cIowA.d ~ Lorna L. Delaney, Clerk of th~ Board VOL 18 },~~}~ 00 439