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HomeMy WebLinkAboutM070692 ~ ~~ 'V" '"ÃOh: MINUTES WEEK OF JULY 6, 1992 The meeting was called to order by Chairman Larry W. Dennison. Commissioner B. G. Brown and Commissioner Richard E. Wojt were both present for the Commissioners' Briefing Session with Prosecuting Attorney Mark Huth. Discussion re: Port Townsend Free Wheels Pr02ram: Request that County Pay $200 for Insurance: Mark Huth explained that Timothy Whitten of the Port Townsend Free Wheels program has asked that the $200 it will cost to add the County as an additional insured on the insurance policy for this program, be paid by the County. Mark Huth advised that if any County Departments are involved in the program, he feels the County should be named as an additional insured on the insurance policy. Commissioner Brown moved to approve thè payment of $200 for insurance for this program as requested. Commissioner Wojt seconded the motion which carried by a unanimous vote. PUBLIC COMMENT PERIOD: The water quality monitoring programs in the County, the status of aid from the Federal government for flood damage in the Quilcene area and the purchase of new vote tabulation equipment by the Auditor's Office were discussed. APPROVAL OF THE MINUTES: Commissioner Brown moved to approve the Minutes of June 15, 1992 as submitted. Commissioner Wojt seconded the motion which carried by a unanimous vote. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS HEARING re: Chan2in2 Name of Certain County Road: Joan Road to Joan Street. Shine Area: 911 System Coordinator Bob Henderson explained that this road name change was petitioned by a number of property owners along the road because the original plat indicates the road name is Joan Street, not Joan Road. When the 911 Addressing system was put into place the name was adopted as Joan Road. . VOl 18 rMr~ 00 777 Commissioners' Meeting Minutes: Week of July 6, 1992 Page: 2 Chairman Dennison opened the public hearing. Hearing no comments for or against this requested name change, the Chairman closed the hearing. Commissioner W ojt moved to approve RESOLUTION NO. 55-92 changing the name of Joan Road to Joan Street as petitioned. Commissioner Brown seconded the motion which carried by a unanimous vote. AGREEMENT. Amendment #91-050A.3 re: Olympic Discovery Trail: Inter- a2enCy Committee for Outdoor Recreation: Public Works Planning and Program Manager Carter Breskin reported that this agreement will extend the funding for six months on the lAC grant for acquisition of abandoned railroad right-of-way from the Port Townsend City limits to Discovery Bay. This funding is for acquisition only, and if matching funds are not found, this agreement does not bind the County to anything. Commissioner Wojt moved to approve the agreement amendment as presented. Commissioner Brown seconded the motion which carried by a unanimous vote. Trish Heisel. Jefferson Transit re: A2reement for the South County Community Van Pr02ram: Trisha Heisel from Jefferson Transit explained that this agreement is for a community van program at the Quilcene Community Center. A Transit van will be kept at the Quilcene Community Center to be scheduled by area residents for recreational trips. The cost is $.28 per mile. The Transit Authority Board has approved this program. Prosecuting Attorney Mark Huth stated that he has reviewed this program agreement and is concerned because it makes the County responsible for the administration of the program. The liability issues are also a concern, because the volunteer drivers could be considered employees of the County. Trisha Heisel reported that Doris Haley at the Quilcene Community Center will be the person handling the administrative responsibilities for this program. The volunteer drivers will be required to collect the fares. A checking account will be set up at a local bank for depositing these fares. The Transit Operations Supervisor will handle the orientation of the van drivers. The Washington State Transit Insurance Pool is aware of this program and will cover the van like any other Transit vehicle. Commissioner Brown noted that the Quilcene Community Center Director, who will be doing the duties on behalf of the County, is an employee of Clallam Jefferson Community Action Council. Mark Huth stated that the contract says that the County will orient the drivers, and collect and deposit the fares. Since these duties will actually be performed by the Transit Authority and an employee of CAC, he suggested that this agreement be made between Transit and CAe. Trish Heisel reported that she discussed this agreement with CAC and they told her to talk with the County. Chairman Dennison asked that Trish Heisel work with the Prosecuting Attorney to address the concerns he has noted and to check again with CAC. HEARING re: Proposed Chan2es to Ordinance No. 5-90 An Ordinance EstablishinJ! BoatinJ! ReJ!ulations: Prosecuting Attorney Mark Huth reported that the Seaplane Pilots Association came before the Board earlier this year (See Minutes of April 27, 1992) regarding the wording of Ordinance 5-90 which they feel prohibits seaplanes from landing on any lake in Jefferson County. This proposed amendment to the ordinance indicates that the County's intent is to allow sea plane operations in the County where it is safe (lakes with a straight line shore to shore length of more than 5,000 feet). The amendment adding a "Restricted Area" for the inner portion of Port Ludlow Bay was suggested by James Arneil, Port Captain of the Port Ludlow Yacht Club. Mark Huth then advised the Board to adopt by reference all testimony previously given on this matter. Chairman Dennison then opened the hearing for public comment. Chris Hertl stated that he feels additional wording should be added to this amendment requiring the pilot of a plane landing due to an emergency to notify the authorities of the nature of the emergency before leaving the water when the problem is fixed. Commissioner Brown noted that such a requirement would be hard to enforce. Mark Huth stated that Mr. VOL 18 rA~ ·00 77~ Commissioners' Meeting Minutes: Week of July 6, 1992 Page: 3 Hertl's concern can be addressed, if when a plane lands on the lake, someone reports the landing to the Sheriff's Department. Stanley Kadesh asked if the provisions on seaplanes would apply in Port Ludlow Bay? Mark Huth reported that those provisions only apply to lakes. Mr. Kadesh reported that the Yacht Club is also asking that the speed in the Restricted Area of Port Ludlow Bay be changed from seven knots to five knots. Mark Huth asked Mr. Kadesh to describe the boating traffic in Port Ludlow Bay on a summer weekend. Mr. Kadesh read from a letter dated June 11, 1992 from James Arneil to Mark Huth, which described the boating traffic in Port Ludlow Bay. Bill Singer stated that he is a Port Ludlow resident and he agrees with the Port Ludlow Yacht Club request to lower the speed in the Restricted Area of Port Ludlow Bay to five nautical miles per hour. The lower speed is a safety factor. The type of wake action from a higher speed causes damage to the shoreline, as well as to boats moored in the Bay. Mter discussion of seaplane use of the restricted area in Port Ludlow Bay, Mark Huth reported that he is not sure that the County has jurisdiction over seaplanes on marine waters. Carol Franke. Manager Port Ludlow Marina. stated that she would definitely like to see the speed limit in the restricted area lowered from seven to five nautical miles per hour. Fred Wood stated that he has a larger boat and if the speed is left at seven knots he would not have to reduce his speed all the way into the restricted area. He supports the reduction in speed to five knots. Hearing no further public comments the Chairman closed the hearing. Commissioner Brown stated he feels addressing restrictions on seaplane use of Port Ludlow Bay, if it is found the County has that authority, can be addressed in the future. Commissioner Brown moved to add language to the ordinance to reduce the speed limit in the "Restricted Area" of Port Ludlow Bay to five nautical miles per hour and then adopt ORDINANCE NO. 07-0706- 92. Commissioner Wojt seconded the motion. Chairman Dennison asked if the change in speed limit should be changed in both sections 11 and 27? Commissioner Brown stated that there was not testimony to support changing the speed in Section 27. Chairman Dennison clarified that the motion is to change the speed limit in the Restricted Area (Section 11) only to five nautical miles per hour. Commissioner Brown added that the effective date of the Ordinance be July 20, 1992. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Brown moved to delete items 1 and 20 and then adopt and approve the balance of the items on the consent agenda as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. 1. DELETED ITEM Approve Bid Award for One (1) Automatic Feed System for Optical Scan Vote Tabulation System to Business Records Corporation for their bid of $71,586.00 2. RESOLUTION NO. 56-92 re: Establishment of a Revolving Fund for Animal Services 3. Letters to Doug Simpson, Delores Haley, Ted Shoulberg, Judith Tavenner, AI Boucher, Lee Wilburn, Douglas Long, Elmer Assman, and Kay Valdez re: Status of Housing Authority 4. AGREEMENT re: Reimbursement of One Time Cost; Impacts Associated with Locating Additional State Corrections Facility in County; State Department of Corrections 5. Appointment of Nutrition Representative on the Port Townsend Community Center Advisory Board; Frieda Imislund (Two year term to expire July 5, 1994) 6. AGREEMENT re: 1992 Services for Allocation of Hotel/Motel Tax Funds; Port Ludlow Chamber of Commerce 7. RESOLUTION NO. 57-92 re: Appointment of Deputy Coroners; Sharon Thatcher and Jim Newton 8. Approve and Adopt Policy for Rental of Health Department Conference Room vot 18 rA(~O[1 779 Commissioners' Meeting Minutes: Week of July 6, 1992 Page: 4 9. AGREEMENT re: Evaluation of Jefferson County Substance Abuse Program; CMJA Associates 10.RESOLUTION NO. 58-92 re: Changing the Name of Antler Drive to Slater Lane I1.RESOLUTION NO. 59-92 re: Updating the Official County Road Log 12.Approval of Application to Open Right-of-Way; Open Third Avenue Between East Moore and East Price Streets, Plat of lrondale #1; For Driveway and Water Line Installation; Dale Petzoldt and Mark Millican 13.AGREEMENT, Amendment No.1 re: Authorization to Develop a Waste Export RFP as Additional Work to the Landfill Closure Plan (Project No. SW 1022-23); SCS Engineers 14. RESOLUTION NO. 60-92 re: Notice of Hearing; Application for Franchise; Construct, Operate and Maintain a Water Line; AI Schoenfeld, Applicant; Setting the Hearing for July 27, 1992 at 10:30 a.m. 15. RESOLUTION NO. 61-92 re: Notice of Hearing; Application for Effluent Line Franchise; Wally Pederson, Applicant; Setting the Hearing for July 27, 1992 at 10:45 a.m. 16. Sign Quit Claim Deed: Property on Dabob Bay; From White, Carroll and Paddock to Jefferson County 17.AGREEMENT re: Office Lease, Second Floor of the Multi Services Building; Jefferson Community Counselling Center 18.AGREEMENT, Amendment Nô. 1 re: Office Space in the Castle Hill Mall; James P. McCarron, M.D. 19. Notice of Hearing; Appeal of Hearing Examiner Denial of Variance on SPI6-91; Hearing Set for July 27, 1992 at 2:00 p.m. 20. DELETED ITEM RESOLUTION NO. _ re: A Grant to Jefferson Community Counseling Center to Offset One Time Start Up Costs; Total of $10,958.75 over a 36 month period. BUSINESS FROM COUNTY DEPARTMENTS: AUDITOR Bid Award for One (1) Automatic Feed System for Optical Scan Vote Tabulation System to Business Records Corporation: Auditor Mary Gaboury explained that this bid award is for $35,622.00 for one Optech Auto Reader system. The original bid included an additional unit for backup. Mter reviewing the system and the County's needs, Mary Gaboury added it has been determined that the backup unit is not needed at this time. This automated feed system for processing ballots will increase efficiency, provide an audit trail for each ballot, and provide more security and accountability in the vote counting process. This system will read any type of marker, which is an improvement over the current machines which can only read specific types of markings. The original bid also included $5,000 for training, which BRC has agreed to provide free of charge. $1,022.00 of the bid is for new plastic ballot boxes which are needed because the metal boxes are too heavy for many of the poll workers to handle. Commissioner Wojt moved to award the bid for one automatic feed for the optical scan vote tabulation system to Business Records Corporation for a total cost of $35,662.00 including an estimated $500 for freight. Commissioner Brown seconded the motion. Commissioner Wojt and Chairman Dennison voted for the motion and Commissioner Brown voted against the motion. The motion carried. PLANNING AND BUILDING Final Short Plat SP#8-91: Two Lot Subdivision: Coyle Peninsula Off of Rhododendron Lane: Robert Clark: Planning Department Permit Technician Michelle Grewell reported that this two lot subdivision of 5.5 acres has been reviewed and signed off by all required departments. vat 18 rÄ(' 00 7812 , ' Commissioners' Meeting Minutes: Week of July 6, 1992 Page: 5 Commissioner Brown moved to issue final approval for the Robert Clark Short Plat as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. Shoreline Substantial Development Permit #SDP92-0005: Float at Mats Mats Bay: Robert Hickish and Norman Coote: Associate Planner Jim Pearson reported that this 160 foot long joint use pier, ramp and float has been in place since 1979. The previous property owners received an Army Corps of Engineers permit and a lease from the DNR for the pier and float but they were never issued a County permit. This was discovered when the current owners applied for a Shoreline permit exemption to repair the float. A variance is required for the pier to be longer than 60 feet. The docks in this area, Jim Pearson continued, all project out to the same point in the bay, but because of the angle of the shoreline, this dock is 160 feet long in order to reach deep water. The proposal was reviewed as a secondary use, a conditional use, and as a variance by the Shoreline Commission. They recommend approval of the variance and the shoreline permit with the three conditions proposed by the Planning Department staff. The discussion turned to the variance request and if it meets the criteria that a hardship must exist that was not caused by the applicant's actions. Jim Pearson reported that the Shoreline Commission reviewed this variance and felt that the length of the dock was not a condition caused by the applicant. Commissioner Wojt moved to approve the Shoreline Permit as recommended by the Shoreline Commission with the conditions proposed by the Planning Department. Commissioner Brown seconded the motion which carried by a unanimous vote. Shoreline Substantial Development Permit #SDP92-0007: 20 Foot by 20 Foot Seal Haul Out Float at Dosewallips State Park: Washin210n State Parks and Recreation Commission: Jim Pearson reported that this Shoreline Permit was reviewed by the Shoreline Commission. The Commission recommends approval with one condition which says "The permit may be reviewed by the Jefferson County Board of Commissioners and rescinded based on a finding that the structure has caused significant numbers of seals to move onto private tidelands or that it materially interferes with the normal public use of the water." Commissioner Wojt moved to approve the Shoreline Permit for the State Parks and Recreation Commission as recommended by the Shoreline Commission. Commissioner Brown seconded the motion which carried by a unanimous vote. Discussion of Process for GMA Interim Ordinance - Forest Resource Lands and Aquifer Rechar2e Areas: Senior Planner James Holland reported that the Planning Department staff has received input from interested citizens groups on provisions of the draft ordinances that address forest resource lands and aquifer recharge areas. The Planning Commission has expressed a desire to review the input from citizens groups and has encouraged such groups to suggest classification/designation alternatives. There are two options for the Board to consider in dealing with additional input: 1) allow the Planning Commission to receive proposals submitted by ad hoc citizens groups. These proposals would be reviewed and commented on in the Planning Commission report to the Board, or 2) the proposals from the ad hoc citizens groups be reviewed by the Board. The Board would then instruct Planning staff to redraft the ordinances based on revised policy direction. The redrafted ordinances would then be submitted to the Planning Commission for review and report. James Holland reported in response to a question from Commissioner Brown that the Planning Commission is willing to take the time necessary to proceed with the first option. Assistant Planner Eric Toews reported that it is his understanding that in the "Board initiated" approach for drafting ordinances as provided in the Planning Enabling Act (RCW 36.70.640), the Planning Commission's role is to review and report to the Board on the proposed VOl 18 rM~ []0781. .. I , Commissioners' Meeting Minutes: Week of July 6, 1992 Page: 6 ordinances. The Planning Commission does not direct Planning staff on how to draft the ordinances or to modify the contents of the ordinance. Chairman Dennison stated that the reason the Board adopted the "Board initiated" approach is to address public concerns that alternatives presented during the public process may be filtered out by the Planning Commission before being reviewed by the Commissioners. The Board initiated approach also insures a predictable process. Eric Toews noted that the more the Planning Commission has worked on these ordinances, the issue of control of the ordinances has become cloudy. The Planning Department has been working under the Board's original direction that these ordinances are being developed under the Board's official control. Chairman Dennison suggested that any draft ordinance language be routed through the Planning Commission so that they can include their comments about it in their report to the Board. Commissioner Brown asked who sanctioned the ad hoc group, and if their input is any more important than input from any other group? Chairman Dennison said that this committee was not sanctioned by anyone and he feels that their viewpoint can not be given any more weight than views expressed by any other group or citizen. James Holland agreed and reported that input from any group will be given equal weight. He added that he has written to the ad hoc committee and advised them of this position. Eric Toews noted that the ad hoc committees can submit their suggestions to the Planning Commission or to the Board directly at a later time. Mter more discussion of the reasons the ad hoc committee was formed, Chairman Dennison suggested that the Board send a letter to the Planning Commission explaining the reasons they are keeping control of the ordiqances. JEFFERSON COUNTY BOARD OF COMMISSIONERS Lorna L. Delaney, Clerk of the Board vot 18 PÄ(' on 78~