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HomeMy WebLinkAboutM072792 .' I C MINUTES WEEK OF JULY 27, 1992 Chairman Larry W. Dennison called the meeting to order at the appointed time in the presence of Commissioner B.G. Brown and Commissioner Richard E. Wojt. The Commissioners met in a briefing session to discuss adjustments to mid-managers' salaries and a request by Mason County P.U.D. for information regarding herbicide spraying along power lines in the Dosewallips area. Public Comment Period: The raising of the rental rates for rooms at the Gardiner Community Center was discussed. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS Heario2 re: Application for Franchise: Construct. Operate and Maintain a Water Line: AI Schoenfeld. Applicant: Administrative Assistant Eileen Simon explained this request to install, operate and maintain an eight inch water line, approximately 340 feet long, in the right-of-way of Dickey Street in Trails End Homesites. She reviewed the State standards regarding the placement of the line and the type of pipe for this project. The Planning & Building Department indicated that this is in an environmentally sensitive area, due to slope stability, compressibility of the soil, and the grade of the slopes. The Department recommendation is to approve the franchise, conditioned upon submittal of an estimate for construction and a 150% construction bond. A surety bond in the amount of $3,400 is also required. Prosecuting Attorney Mark Huth added that Senior Planner James Holland had interpreted this project as "categorically exempt" from the SEPA process, but SEPA is necessary for environmentally sensitive areas. The Public Works Department also recommends that the applicant fill out a SEP A checklist before the franchise is granted. Chairman Dennison then opened the hearing for public comment. Bvron Swigert explained that he is representing the Bridgehaven Community Club Association which supports this franchise request. They also have a request for a franchise adjacent to this system. He stated that the water line is on County maintained roads that are not steep. He has pictures to show the grade. Chairman Dennison said that this new information will have to be checked out by the Public Works Department. \'. ".. ., v:. 18 <"- ;,,~t_ 00 8(·"J1ffl··~ ~¡j , Ii ' '1 Commissioners' Meeting Minutes: Week of July 27, 1992 Page: 2 Harriette Buchmann explained that she and her husband are partners with Wally Pederson at South Point. They also want a water system that they can eventually use for the properties they plan to develop. Hearing no further comment, Chairman Dennison closed the public hearing. Mark Huth stated that this system is adjacent to the system proposed by Bridgehaven. Byron Swigert explained the Bridgehaven franchise will include this portion of the Shoenfeld franchise. Mark Huth suggested the project be presented as a single franchise. He will be meeting with Bridgehaven representatives tomorrow. Commissioner Brown moved to table this franchise until Monday, August 3 at 10:30 a.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. Hearin2 re: Application for Emuent Line Franchise: Wally Pederson. Applicant: Administrative Assistant Eileen Simon stated the request is to install, operate and maintain a pressurized effluent transport pipe up Ferry Street, Dickey Street and an unnamed platted right-of-way in Trails End Homesites. Public Works reports that a 150% construction bond is to be provided if the franchise is approved. A surety bond or other collateral in the amount of $19,000 is also required. This bond could be waived if the system is made part of a licenced utility such as the P.D.D. The applicant must obtain the services of a professional soils engineer or geologist to determine the best method of installing the line up a steep, unstable side hill. The sewer line must be designed by a professional engineer and approved by the Public Works Department and a utility permit must be obtained before construction can be started. She added that this is an environ- mentally sensitive area because of unstable, steep slopes and soil compressibility. SEP A will take place at the time of application for a utility permit. The Jefferson County Health Department stated that there is a spring registered as a public water system and the water lines serving this system run down the same easement as the proposed effluent line. State Health regulations require a 200 foot protective radius from a public drinking water source. Onsite sewage regulations require a 50 foot horizontal setback from a non-perforated sewage distribution line to a well. The proposed plan does not comply with this setback standard. Letters in opposition to the proposed project were received from adjacent property owners Jack & Shirley Wray, Mrs. Frank Accettola and Donna Juntara. Chairman Dennison then opened the public hearing. Theresa McNair stated that she and her husband own Block 14, Lots 13-18 in Trails End. They are opposed to this project because it could result in contamination of their well water. Earlier this month they began drilling a well on their property. Mr. Pederson told them they had to stop because he had an approved permit for a drainfield that was located less than 200 feet away. Environmental Health Specialist Linda Atkins stated that there is not a permit for the drainfield on file with the Health Department. Prosecuting Attorney Mark Huth explained if the drainfield can't be located where it is currently placed on the plan, there is no reason for the franchise. Harriettet Buckmann stated that the document just submitted to the Board is a drainfield permit for Lot 4 of Trails End Homesites that has been on file at the Health Department since March 27, 1992. Herb Armstrong said he is the consulting engineer for Wally Pederson and the engineer for the Bridgehaven Water System. He described the proposal for the effluent line, including the materials to be used. Mark Huth asked if the proposed line would fall within the required protective radius of the existing spring fed water system? Linda Atkins explained that the setback from a spring fed drinking water source is 200 feet. On-site sewage regulations require a non- perforated line to have a 50 foot setback from any individual water source. . VaL 18 rN(;£ 00 8~§ . . Commissioners' Meeting Minutes: Week of July 27, 1992 Page: 3 Wally Pederson stated that this project is to protect the adjacent saltwater from possible contamination by septic fields located close to the water. The effluent lines would move the septage further uphill. Dave Gastman said they have had a drainfield permit since March. They thought all the property owners in the area knew about the proposed Bridgehaven Water System and would be interested in tapping into it, rather than drilling individual wells. Mark Huth added that the drainfield permit is for a conventional system, on one lot, and does not indicate the drainfield will have an effluent line serving three residences, therefore, they would have to apply for a new permit. Chairman Dennison noted that his concern is to focus on the franchise application, which is the issue before the Board. He stated if there is a spring registered as a public water system and State health regulations require a 200 foot protective radius from a drinking water source, then installing an effluent line is not possible. Mark Huth explained that the franchise process doesn't have a preapplication consultation. The Public Works Depart- ment was not aware of the spring fed water system until the Health Department submitted their comments. He said the applicants have a right to a hearing. Wally Pederson explained that the McNair's well was not there when they started the franchise application process. DOE did an onsite inspection of the drainfield site and said that the well driller had located the well too close tò the property line. Harriettet Buchmann pointed out that they met with the Health Department regarding the perc holes for the drainfield. The specific reason they purchased the property was to use it for the drainfield. Dave Gastman asked what bearing the wells have on the effluent line? Chairman Dennison explained the pipeline is a potential source of contamination to well water if the pipe becomes damaged. Herb Armstrong: stated that there should have been a restrictive covenant placed on the spring site when it was approved as a public water system. He said it is the owner's responsibility to let adjacent property owners know that there is a 200 foot radius restric- tion. Linda Atkins explained that as a permitting agency, the Health Department can't issue a permit if they know the project does not meet the required setback. Harriette Buchmann stated that they had hired Herb Armstrong, a professional, to do their design. Evidentally, there were no records on file at the Health Department at the time the design for this project was done. Hearing no further comments, Chairman Dennison closed the public hearing. Commis- sioner Brown stated it isn't clear what facts should be considered in this franchise hearing. If they are bound by the 200 foot restrictive radius, then a franchise cannot be granted. Mark Huth suggested the applicant go to the State Department of Health for a variance. Commissioner Brown asked Wally Pederson how much time he needs to go to the State and get back to the Board? Mr. Pederson indicated a month would be reasonable. Commissioner Brown moved to table the Pederson franchise application request until August 24, 1992 at 11:00 a.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. Discussion re: Application for Licence to Use Ri2ht-of-Way: Port Ludlow Maintenance Commission: County Engineer Bob Nesbit stated that he talked with a representative of the applicant and they have withdrawn this application for a licence to use right-of-way. The Port Ludlow Maintenance Commission has requested that the County do work on the shoulder of the road to create a pedestrian path. . vot 18 f~TE 00 829 . . Commissioners' Meeting Minutes: Week of July 27, 1992 Page: 4 Bob Minty. Risk Mana2ement Coordinator and Prosecutin2 Attorney Mark Huth re: Special Events Permit Application: Bicycle Tour: lOOK. AU2ust 1. 1992: Olvmpic Wheelmen: Risk Management Coordinator Bob Minty explained that he read about this 100k bicycle tour in the newspaper. He inquired about how many people would be attending and was told possibly 500-700 people. When the sponsor filled out the ap- plication for a special events permit, they estimated only 150 participants. The ordinance in place at the present time would not require a permit for 150 people. The tour is this weekend and only 30 people have preregistered. The Board concurred that since the number of applicants is 150 or less, the bicycle tour is exempt from a special events permit. Hearin2 re: An Ordinance to Re2ulate Jefferson County Road Approach Permits: 911 System Coordinator Bob Henderson stated that this ordinance enables the County to correct drainage or maintenance problems that result from temporary or new road construction. The County may bill the applicant for any work involved in correcting the problem. Prosecuting Attorney Mark Huth explained that when a request for a road approach permit is received, the County Engineer or other designated staff review the application and determine if the road approach will be constructed according to County road standards. Proper location, sight distance and physical features are also taken into consideration. At the time of application for construction of a temporary road, the applicant would have to provide a $500 cash bond, to be refunded if the work is done properly. Commissioner Brown asked the reason for a $500 fine? Mark Huth explained that this fine could be imposed if people, who had knowledge of the road permit process, con- structed road approaches on property abutting County roads without applying for a permit first. He added that this fine is defined in the State law. Chairman Dennison then opened the hearing for public comment. Fred Tuso reviewed recent complications that he has had with road approach permits. Hearing no further comment, Chairman Dennison closed the public hearing. Commissioner Brown stated that he is concerned about the $500 fine, but referring to it in the ordinance will make people more knowledgeable. Commissioner Brown moved to adopt OR- DINANCE NO. 09-0727-92. The ordinance effective date is August 15, 1992. Commis- sioner Wojt seconded the motion which carried by a unanimous vote. Hearin2 re: Appeal of Hearin2 Examiner Denial of Variance on SP-16-91: Paradise View Estates: Neal. Kennedy and Bodker: Associate Planner Jerry Smith stated this request to seek a variance for the road right-of-way and improvement standards for a two lot short subdivision was initiated earlier this year. The ordinance requires a 60 foot right-of-way and a 24 foot surfaced roadway. The variance request was to reduce the road right-of-way to 30 feet and construct a surfaced road way of 14 feet. The Hearings Examiner determined that there was not evidence to substantiate the request and denied the variance. He concluded there were no extraordinary conditions or unusual circumstances that exist on the property. Soon after the hearing, the applicant's legal council submitted a request for reconsideration because he said the Hearings Examiner had used the criteria for public road standards, rather than private road standards, in determining the case. The Hearings Examiner reconsidered the application and concluded that he had interpreted County policy correctly. . VGL 18fAG~ 00 830 . " Commissioners' Meeting Minutes: Week of July 27, 1992 Page: 5 The applicants then submitted a request for a notice of appeal to the Board. The six points addressed in the appeal notice are: · The Hearings Examiner applied incorrect variance standards Approval of a 30 foot easement Public Works approval or denial of a 30 foot easement Construction of the road to 14 foot surface width or an alternative of a 20 foot surface width Consideration of availability of additional easement width from adjacent owners Whether the Hearings Examiner should have considered the new evidence that was part of the reconsideration request · · · · · Jerry Smith also presented a memo from the Department of Public Works outlining their response to the appeal. Prosecuting Attorney Mark Huth explained that no new evidence could be submitted at this time. Chairman Dennison asked for comments from the appellants' legal council. Chuck Henry introduced himself as the appellants' legal council. He asked the Board to look at the plat map of Paradise View Estates. He pointed out a 30 foot easement on the existing portion of Fir Street that meets the appellants' driveway. The proposed sub- division is consistent with parcels of property to the west and north. The property to the south is in five acre parcels. When the appellants requested an administrative variance, the Public Works Director stated that the 30 foot right-of-way variance could be granted. The construction width would have to remain at 24 feet. In taking their variance to the Hearings Examiner, the appellants found that the neighbors would not give up property for a 60 foot easement. Mr. Henry reviewed the criteria for granting an administrative variance on a private road. He added that the appellants contacted the Fire District and asked about their standards. Mter review, the Fire District said 14 feet of surfaced roadway was adequate for their needs. Mr. Henry concluded by saying that the proposed road is straight and on level ground. The appellants are asking the Board to grant a variance for a 14 foot surfaced road width and a 30 foot right-of-way. . Mark Huth had some questions regarding the location of the road, the width of the right- of-way and amount of paved surface on Fir Street. He said the Hearings Examiner's report showed that he did not make a sight inspection of the project area. Jerry Smith stated that staff's recommendations are to approve the variance, subject to two conditions: 1) the appellants contact adjacent property owners to see about acquiring addi- tional property to widen the easement to 40 feet, and 2) the appellants obtain written approval of the turnaround, access road width and road construction design from the Public Works Department and the Fire District. Both of these conditions have been met. Commissioner Brown moved to have findings of fact and conclusions drawn up by the Prosecuting Attorney to grant a variance for a 30 foot right-of-way with a 14 foot road surface. Commissioner Wojt seconded the motion which carried by a unanimous vote. APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the minutes of July 13, 1992 as written. Commissioner Brown seconded the motion which carried by unanimous vote. _ vat 18rÄGE O(J- 831. . .. . ) Commissioners' Meeting Minutes: Week of July 27, 1992 Page: 6 APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Wojt moved to adopt and approve the consent agenda as pr~ented. Commissioner Brown seconded the motion which carried by a unanimous vote. 1. Approve Publication of Solicitation for Vendor List; Per Ordinance No. 05-0601-92 2. License to Use and Maintain County Road Rights-of-Way; Hiller Drive; AIyce Clogston Carmichael 3. AGREEMENT re: Storm Drainage System Maintenance; Shine Road in Port Ludlow; Roose Short Plat; Donald J. Roose 4. RESOLUTION NO. 68-92 re: Creating County Road Project CRI055; Belle Street 5. RESOLUTION NO. 69-92 re: Vacation (Statutory) of "R" Avenue and of "0" Avenue; Plat of Ingersoll's Addition 6. Approval of Treasurer's Statement of Receipts and Disbursements from April 1 to June 30, 1992, Inclusive 7. Approve Bid Award; Kitchen Ventilation System and Dining Room Paint at Quilcene Community Center; Seahome Services; $3,014.09 8. Approve Bid Award; Refinish Dining Room Floor at the Tri Area Community Center; Sound Hardwood Flooring; $2,650.53 9. Application for Assistance from the Soldiers' and Sailors' Relief Fund; Harold William Ellis $500.00 CONTRACT No. 1-93-262014 re: Community Mobilization A2ainst Sub- stance Abuse: Crisis Response System: State Department of Community Development: Commissioner Brown moved to approve the Community Mobilization Against Substance Abuse, Crisis Response System contract that will provide funds to communities to reduce the incidence of substance abuse for youth and families. Commissioner Wojt seconded the motion which carried by unanimous vote. MEETING ADJOURNED .....""_....... ~jØ "" . . '; v r /' ':.," ,. ..1)-1( / ,-,' .' r;-- ¡.. / ..-I...., '. /'" p..-t -_, . J.\ ," ~. . .,. " . .." (7'~ SEAL- ~ .,. . ..\ '" ..1 \ . .\ ... .. /:" \'..., .. . ~'. '.'. f.. i.'.." ,..1 ~ ¡::'... .. . """" . , \ ~. '. .... , , e ! / A TTESn .. -.. '. ~",,-,.,.J;;. -':". ".' "I \ .r '."', ...;......... . ......",.._/;. . .,... Y\ " . .".: '. ~).. c.)'.... .. ~'-.'---...., ()IIbjd ~ ~ þrna L. Daney, ) JEFFERSON COUNTY BOARD OF COMMISSIONERS vot 18 l~Œ 00 802