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HomeMy WebLinkAboutM051892 · c..t~ c;;:r ;-;::..o.c: Cí MINUTES WEEK OF MAY 18. 1992 Chairman Larry W. Dennison called the meeting to order in the presence of Commissioner B. G. Brown, and Commissioner Richard E. Wojt. The Board discussed the following in a briefing session: Noise Complaint at Gardiner: Planning and Building Department Director Craig Ward reported that Neil Turnberg has submitted a written complaint regarding the noise made by a rock crusher on property owned by Mr. Levine that is adjacent to his property in Gardiner. Building Inspector Mike Ajax took a noise meter to Mr. Turnberg's property and the readings indicated that Mr. Levine's equipment is in violation of the County's Noise Ordinance. To have a properly certified consultant take noise readings and make a report is estimated to cost $1,000, Craig Ward added. It is not known if there is a surface mining permit for this site. Neil Turnberg reported that he has called the State and they say that the County is responsible for enforcement of the noise regulations. He added that the State Department of Labor and Industries Office in Port Angeles has a noise meter, but he hasn't been able to talk with the man who operates it. The operations on Mr. Levine's property have been running from 7:30 a.m. to 5:30 p.m. with decibel readings ranging from 72 to 84. The Board directed the Planning Department to see if Clallam County or a State agency has a noise meter and a person certified to operate it, to do a test at the Levineffurnberg property line. They are to also find out if there is a surface mining permit for the work being done at this site. Moriarity Road Approach Permit: Prosecuting Attorney Mark Huth reported that Mr. Moriarity applied for a road approach permit near the Oak Bay RoadlParadise Bay Road intersection, which was denied by the County Engineer for safety reasons. He suggested that the Board hear an appeal of this denial. This appeal will be scheduled on the Board's June 8, 1992 agenda at 10:30 a.m. Prosecuting Attorney Mark Huth re: Approval of Building Permits for Structures Served by Water Systems in the Process of Obtainin~ Necessary Approvals: Mark Huth reported that the Health Department has been authorized to enter into a Memorandum of Under- standing with the State Department of Health to be responsible for the issuance of approvals for Class B water systems. The water system that will serve the Coyle Community Center is a Class A system. The Health Department will review and make a recommendation for approval of Class A water systems, but the final approval is issued by the State Department of Health. Environmen- " '·1 ,"v;_ 18 i·~ ~:~~ 00 47~ Commissioners' Meeting Minutes: Week of May 18, 1992 Page: 2 tal Health Director Larry Fay will be reviewing this system. Mark Huth asked if the Board would be willing to issue the building permit before the proof of potable water is submitted for the Coyle Community Center. A letter will be drafted for the Board's signature to the State Department of Health about this water system. PUBLIC COMMENT PERIOD: Questions and discussion covered items such as the expansion of the Quilcene Community Center, the expansion of the Senior Nutrition program at Quilcene to five days a week, and water rights for agricultural uses. BUSINESS FROM COUNTY DEPARTMENTS PUBLIC WORKS BID OPENING re: One (1) New Service Body and Crane: Public Works Director Gary Rowe opened and read the bids received as follows: BIDDERS: Ingersoll Rand Construction Equipment, Seattle Allied Body Works, Seattle Coast Crane Company, Seattle Nelson Truck Equipment Co., Inc. Pacific Utility Equipment Company, Seattle BID TOTALS: No Bid $16,210.52 15,014.32 14,521.49 16,415.97 Commissioner Brown moved to have the Public Works Department check the bids for accuracy and make a recommendation for bid award that is to the best advantage of the County. Commissioner Wojt seconded the motion which carried by a unanimous vote. Adoption of the County Redistrictin2 Plan: Chairman Dennison reported on the redistricting process to date and noted that an additional option has been submitted by residents of the Kala Point area. Commissioner Brown stated that he doesn't see any advantage to the option suggested by the Kala Point residents. They point to the portion of the RCW (29.70.100) which says ". . . shall, to the extent possible, preserve existing communities of related and mutual interest." They feel that the preferred option (Option A) splits Kala Point from the Tri Area community (Irondale, Port Hadlock and Chimacum) and they consider themselves part of that community. Option B that the Board also considered (before selecting the preferred alternative) split two Port Ludlow precincts, splitting that community. He added that he doesn't know if the Kala Point option is compelling enough for the Board to adopt over their preferred alternative. Commissioner Wojt added that the Kala Point option does not deal with allowing for growth that will probably take place in Districts 2 and 3. Commissioner Brown noted that in the preferred alternative the population in District 2 was left at a lower amount than the other two districts because District 2 has grown faster than the other two districts. The Kala Point option left District 1 as the larger district with District 2 and 3 essentially the same (only a differential of 13 people - District 2 would have 6,565 and District 3 would have 6,578). Chairman Dennison noted that one of his main concerns about the Kala Point proposal is that it puts about 2/3 of the entire geography of the County into the third district. The discussion continued regarding the definition of a community in rural areas, and how RCW 29.70.100 would apply. Chairman Dennison noted that the RCW also states that Commissioner Districts should be as compact as possible. Commissioner Brown reported that the letter from the Kala Point residents states that if Option A (the preferred alterna- VOL 18 rAG~ 00 A~("; ,±t~ Commissioners' Meeting Minutes: Week of May 18, 1992 Page: 3 tive) is adopted they intend to pursue any and all remedies available under the law. In order to allow time for the Prosecuting Attorney to review the letter from the Kala Point residents, the preferred alternative and make a recommendation if either meets the intent of the RCW, Commissioner Brown moved to continue deliberation on this matter until May 20, 1992 at 1:30 p.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. Chairman Dennison stated that the public hearing on this has been closed, but asked if anyone present would like to make a comment. Quentin Goodrich, resident of Port Ludlow, stated that he likes the Kala Point alternative. Since the south end is continuing to grow, he feels making the move now to put Port Ludlow into District 3 will enable that District to begin to see itself as an area that has a lot in common. It is a perception of the people who live in the southern portion of the County (Brinnon, Quilcene, Port Ludlow), that the County is dominated by the north end. The Kala Point proposal would solve that problem by basically shoving District 3 into the south end of the County which would allow that area to come up with a representative for District 3. Phil Broms stated that he agrees with Quentin Goodrich's comment and added that part of the reason he likes the Kala Point plan is that it leaves Kala Point in the same district as the Tri Area. Plan A (the preferred alternative) cuts off Irondale from the Tri Area and they feel it shouldn't be. They feel that Irondale, Port Hadlock and Chimacum are a community that would be observed under the RCW and has been for quite a long time. Chuck Russell stated that this decision will effect the County for the next 10 years. It will effect not only the County Commissioners, but the Port and the PUD will probably use the same districts. He added that what the Board is to consider in doing redistricting, according to the RCW, is the census. The RCW doesn't talk about considering the geography. Don Marioni. Kala Point, stated that they feel that Kala Point, as a community, is associated with the Tri Area (Port Hadlock, Irondale, Chimacum) and they have been told by the Planning Department that long range planning will include Kala Point in the Tri Cities area. He asked if redistricting is only done every ten years or if it can be done more often? Commissioner Brown answered that it can be done more often if the County wants to pay to have a census taken. Mr. Marioni asked if there is a cost associated with redistricting and if that cost would be impacted by the option chosen? Commissioner Brown stated the only cost for redistricting was putting the census information into a useable format. Cost is not a factor in which plan is adopted. Jim Larimer stated that he supports the Kala Point proposal and asked that the letter of May 15, 1992 from the Kala Point residents be entered into the record of this meeting. FACILITIES MANAGEMENT Discussion of Bud2et for the Coyle Community Center: Facilities Manager Frank Gifford reviewed the memo he submitted to the Board regarding the need for additional funding in the amount of $24,403 for the Coyle Community Center project. He noted that the County Capital Improvement plan can accommodate this request for additional funds. Gary Rowe reported that initially the County contributed $80,000 to the project, with $40,000 of that amount in cash and an equal amount as in-kind services. This additional funding would increase the in-kind contribution by $15,011 and the cash contribution from the County by $9,393. Commissioner Brown moved to approve the additional funds for the Coyle Community Center project as requested, Commissioner Wojt seconded the motion which carried by a unanimous vote. VOL 18 on 476 rAG' 'd Commissioners' Meeting Minutes: Week of May 18, 1992 Page: 4 Memo re: Request for Funds; To Purchase a COpy Machine for the Quilcene Community Center; Quilcene Community Advisory Board: This request from the Quilcene Community Center Advisory Board is to spend $4,000 from the Construction and Renovation Fund for a copy machine, Gary Rowe reported. He added that the Quilcene Community Center Advisory Board was advised that money from that budget is not for this type of purchase. The Board concurred with the recommendation of the Facilities Manager, that it is not appropriate to purchase a copier from funds in the Construction and Renovation budget. The Facilities Management staff was directed to work with the Community Center Advisory Board to try to find appropriate funding for a copIer. Discussion with Prosecutin2 Attorney and Juvenile Services Director re: Courthouse Space: Facilities Manager Frank Gifford reported that movers are scheduled to move the Prosecuting Attorney's Office to the third floor on May 30, 1992. They will also move some of the Juvenile Services Department to the spaces vacated by the Prosecuting Attorney. Juvenile and Family Court Service Director Lois Smith reported that the renovation of the back office in the Prosecuting Attorney's space hasn't been addressed? Chairman Dennison asked why this renovation is critical? Lois Smith reported that there are two offices in the Prosecuting Attorney's space which will provide room for the two Juvenile Services staff currently housed upstairs. The large back room can be used by another person, but there is no space for the new staff person that will be hired. Chairman Dennison asked if room dividers could be used in this space? Lois Smith reported that she doesn't feel this will work because they need individual, private office spaces. Chairman Dennison asked if any other multi-use spaces in the Courthouse could be used when a private space is required? Lois Smith explained that the number of offices is her concern. The discussion continued regarding the need for private offices for the Juvenile Services Department. Chairman Dennison asked if there is a cost and time estimate for the renovation of the back office? Frank Gifford stated that this work hasn't been prioritized with requests from other departments. AI Scalf pointed out that staff from one of these departments will have to live in that space while construction is going on. Commissioner Brown stated that since this move will make the Prosecuting Attorney's situation better and will not deteriorate the situation in the Juvenile Services Department until the back room is renovated, he is ready to go forward with the plan as presented. Lois Smith added that she has been told that the renovation of that room would take from 4 to 6 weeks and is estimated to cost $5,438.00. Even though this amount is not available in the Facilities Management budget, she reported that it is available in the Juvenile Services budget because there have been positions approved in the budget that have not been filled yet. Commissioner Brown moved to adopt the proposal as presented by Facilities Management for the move of these offices. Commissioner Wojt seconded the motion which carried by a unanimous vote. EMERGENCY MANAGEMENT Bob Minty re: Discussion of Special Events Permit for the Lake Quinault Rain Forest Mountain Bike Ride: Emergency Management Coordinator Bob Minty reported that the event proponents for the Lake Quinault Rain Forest Mountain Bike Ride have requested that the County waive the $100 permit fee and they have submitted an insurance certificate in the amount of $500,000. Commissioner Wojt asked what the fee is intended to cover? Commissioner Brown explained that the fee is to cover the cost of staff time to review these permits. The ':o:~ 18 fM)r 00 47'1 Commissioners' Meeting Minutes: Week of May 18, 1992 Page: 5 Board asked if Bob Minty has spent any time on this permit? Bob Minty reported that he has not spent very much time on it. Commissioner Brown moved to waive the fee as requested. Commissioner Wojt seconded the motion for discussion. Chairman Dennison asked if the Ordinance requires $1,000,000 in insurance? Bob Minty reported that the ordinance does not specifically state how much insurance coverage must be provided. Since there is no reference to the amount of insurance required the Board concurred that the amount provided be accepted. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. RECREATION Warren Steurer re: Life2uard Services for the County Swimmin2 Pro2rams: Warren Steurer responded to concerns raised about the lifeguards at the swimming pool during one of the Board's meetings. He noted that the concerns as: the lifeguards having to many things to do, being involved with personal issues rather than their lifeguard duties, not wearing appropriate clothing, and that a Pool Manager be hired. He reported that he appreciates the concerns noted and that they are valid. He reported that the majority of the lifeguards are teenagers. He holds monthly staff meetings at the pool to discuss rules and procedures with the lifeguards. There is currently no funding in the Recreation Department budget for a Pool Manager. He added that he will continue to work with the lifeguards on a regular basis to address these concerns. PLANNING AND BUILDING State Environmental Policy Act Determination; Lar2e Lot Subdivision LLI2- 90 Ea21e Shores; Seven (7) Lot Subdivision of a 38 Acre Waterfront Parcel; Oft of Lindsay Hill Road; Geor2e and Sharon Wilson (See also Minutes of March 23. 1992): Commissioner Brown moved to honor the request from Erwin Jones, Attorney for the project proponents to postpone this deliberation until June 1, 1992 at 2:00 p.m. Commis- sioner Wojt seconded the motion which carried by a unanimous vote. Request for Final Conditional Use Approval #IZI0-92; Establish a Small Winery/Home Business in an Existin2 Barn; On a Site 1/2 Mile West of Port Townsend City Limits on North Side of Hastin2s Avenue (in General Use Zone); Michael Cavett: Associate Planner Jerry Smith reported on the findings, conclusions and recommendation for approval (subject to 11 conditions) submitted by the Hearing Examiner on this conditional use to allow establishment of a small winery/home business in an existing barn. Chairman Dennison stated that he read the Hearing Examiner's recommendation and he doesn't see any need to segregate 200 square feet (see condition number 2) of the barn for this home business when there will be no additional impact from using this additional space. Commissioner Brown concurred that this segregation is not necessary and could be a problem to the property owner's future use of the barn. Michael Cavett reported that he has measured the inside useable floor space of the barn and it is 2,518.41 square feet. This means they will only need a variance to use the additional 18.41 square feet. He then stated that Condition 5 requires that the parking be shielded from adjacent property. He noted that they plan to have all of the cars park on the back side of the barn, but he cannot guarantee that they will not be seen from the adjacent properties. Chairman Dennison stated that he would interpret this condition to mean that a vegetative screen be used to mitigate the visual impact. Mr. Cavett stated that they would like a little more flexibility in the wording of this condition. Mark Huth suggested that the last vot 18 fMl 00 476 Commissioners' Meeting Minutes: Week of May 18, 1992 Page: 6 sentence of this condition be changed to say "located or screened so as to reduce potential impacts to surrounding properties." The last item of concern, Mr. Cavett noted, regards the Public Works Department approv- ing the driveway serving the winery (see condition number 6). He added that he doesn't understand what driveway needs to be approved by the Public Works Department -- the current one or are they being required to build a new one? Commissioner Brown advised that the Public Works department will inspect the driveway into this site, keeping in mind that it will now be used to serve a commercial business. Jerry Smith reviewed the Public Works comment which stated that a commercial road approach permit is required. Chairman Dennison suggested that a line be added to this condition that says "so as to meet commercial road approach standards." Commissioner Brown moved to approve the Hearing Examiner's recommendation on conditional use #IZI0-92 with the changes to the two conditions as suggested. Commis- sioner Wojt disclosed ex parte contact with Michael Cavett regarding this proposal. He reported that he talked with Mr. Cavett about the winery. Since he has had an interest in doing the same type of project on his property, he has an interest in seeing Mr. Cavett be successful at this endeavor. Prosecuting Attorney Mark Huth asked how long ago Commissioner Wojt was in contact with Mr. Cavett? Commissioner Wojt reported that it was two to three weeks ago. The Prosecutor then asked if this contact was before Commissioner Wojt knew that this project would be coming before the Board of Commis- sioners? Commissioner Wojt answered that it was. Mark Huth asked if Commissioner Wojt and Mr. Cavett discussed what the Commissioner's decision would be on the project, if it came before them? Commissioner Wojt stated that they did not discuss that. He then asked if Commissioner Wojt's interest in Mr. Cavett being successful in his business would effect his ability to decide fairly today? Commissioner Wojt answered that it would not effect his ability to make a fair decision. Mark Huth advised he feels it is alright for Commissioner W ojt to proceed. Commissioner Wojt then seconded the motion. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. * * * Appointment; To Fill Vacant Position on the Plannin2 Commission: Commissioner Wojt moved to appoint Janet Welch to the vacant position on the Planning Commission. Commissioner Brown seconded the motion and the Chairman called for the vote. Commissioner W ojt and Chairman Dennison voted in favor of the motion. Commissioner Brown voted against the motion. The motion carried. APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the Minutes of April 27 as read, May 4 as corrected and May 11 as read. Commissioner Brown seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Wojt moved to approve and adopt the items as presented on the consent agenda. Commissioner Brown seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 37-92 re: In the matter of Assignment of Water Line Franchise in Port Ludlow from Ludlow Utilities to Pope Resources 2. GRANT AGREEMENT No. G9200277; Funding for Discovery Bay Watershed Action Plan; State Department of Ecology 3. Notice of Public Hearing; On the Proposed Ordinance Establishing Requirements for Letting of County Contracts; Setting Hearing Date for June 1, 1992 at 10:30 a.m. 18 r^~' 00 479 Commissioners' Meeting Minutes: Week of May 18, 1992 Page: 7 4. Accept Recommendation to Approve Payment of Claim #C-06-92; Fee for Statutory Vacation $2,137.30; James Maupin & Nora Petrick 5. Accept Recommendation to Approve Payment of Claim #C-05-92; Belongings Lost at Jail; Reduce Amount from $429.45 to $250.00; Raymond Wyatt 6. RESOLUTION NO. 38-92 re: In the Matter of Establishing the Name for a Private Road; Summertree Drive (Port Ludlow) 7. RESOLUTION NO. 39-82 re: Notice of Hearing on Application for Franchise; Construct, Operate and Maintain a Cable Television System in County Road Rights-of- Way in the Gardiner Area; Setting Hearing for Monday June 22, 1992 at 10:30 a.m.; Western Cable Service Request for Space Rent Payment from the Soldiers and Sailors Fund; Port Hadlock VFW 7498: Commissioner Wojt moved to approve the request for payment in the amount of $240.00 for meeting space rent submitted by the Port Hadlock VFW #7498. Commissioner Brown seconded the motion which carried by a unanimous vote. Letter to State Department of Community Development re: List of Persons to be appointed to the Jefferson County Local Emer2enCY Plannin2 Committee: Commissioner Wojt moved to recommend: Vern Jones, R.W. Anderson, Marel Harstad, Lisa McGill, Richard Wojt, Harry Williams, Dave Johnson, Kirsten Badger, Earl Wells, Larry Smith, Mel Mefford, Bob Minty, Ken Radon, Jim Newton, Richard Marshall, Ken Smelcer, Jim Engle, Howard Scott, Bette Avila-Muggoch and Joanne Clyde to serve on the Local Emergency Planning Committee as provided in RCW 4.24.480 and to have the Chairman sign the letter to the State Department of Community Development. Commis- sioner Brown seconded the motion which carried by a unanimous vote. The meeting was recessed at the end of the business day on Monday and reconvened on Wednesday afternoon at 1:30 p.m. for the following business. All three Commissioners were present. Adoption of the County Redistrictin2 Plan: (See Page 2 also). Chairman Dennison asked if anyone present would like to comment on redistricting. Chuck Russell stated that he just left a Port Hadlock Chamber of Commerce meeting where they unanimously passed a resolution to the County Commissioners asking them not to divide any existing communities. Phil Broms, speaking just for himself, encouraged the Board to listen to the voice of the people. Ken McMillan. PUD Commissioner stated that the PUD drew up their own redistricting proposal and it looked very much like the Kala Point option. The Kala Point option is very different from the two options the Board reviewed. The PUD has to pass a resolution either adopting or opposing the County redistricting plan. In 1980 they went along with the County's plan because it made sense, even though it redistricted one of the PUD Commis- sioners out of his district. The Kala Point proposal keeps the Tri Area together. He seriously urged that the Commissioners to look long and hard at the Kala Point option. He stated that the last thing that the PUD wants to do is confuse the voting process within Jefferson County by supporting a different set of districts, but he personally is reluctant to go along with what he feels is a flawed proposal that has been put forward by the County Commissioners. Commissioner Wojt reported that he talked with Port Commissioner Fred Apstein who told him that the Port Commission has met and discussed redistricting and they are willing to go along with anything the County Commissioners decide. ;ot 18. fMl 00 480 Commissioners' Meeting Minutes: Week of May 18, 1992 Page: 8 Commissioner Brown stated that he doesn't see how Kala Point being in a different Commissioner District (than the Tri Area) will make any difference in the planning process. The Commissioner District Kala Point is in won't effect its participation in a proposed sewer system or planning area. He noted that he fails to see the real sig- nificance of Kala Point not being in the same Commissioner District as the Tri Area. The only function that Commissioner District's serve is the option to select between candidates of the same party in the primary election. The final vote for the three County Commissioners is on a countywide basis. The County Commissioners all address con- stituent concerns from the whole County, not just from their district. Chairman Dennison stated that in discussing redistricting the Prosecuting Attorney advised that the particular section of the RCW (29.70.100) that talks about communities uses qualifying terms like, insofar as possible, and wherever feasible. In the past there have been portions of the City of Port Townsend in District 2 and 3. After continued discussion of the intent of the RCW, the reasons for redistricting, what community integrity is, the representation of constituents, and the option presented by the Kala Point residents, Commissioner Brown reported that the Prosecuting Attorney has said that the preferred option (Option A) satisfies the intent of the RCW. Commissioner Wojt moved to approve RESOLUTION NO. 40-92 adopting the Board's preferred alternative (Option A) for establishing County Commissioner Districts. Commis- sioner Brown seconded the motion which carried by a unanimous vote. Special Occasion Liquor License; South Bay Community Association: Commissioner Wojt moved that the County has no objection to the special occasion liquor license requested by the South Bay Community Association for May 22, 1992. Commis- sioner Brown seconded the motion which carried by a unanimous vote. MEETING ADJOURNED SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS .. ATTEST: cY(J!)Æ(l ¡ J1ß~ Lorna L. Delaney, Clerk of the Board ' 18 fAr,r on 481.