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HomeMy WebLinkAboutM081092 û~ cv :;:..ö~ (;j MINUTES WEEK OF AUGUST 10, 1992 The meeting was called to order by Chairman Larry W. Dennison. Commissioner B.G. Brown and Commissioner Richard E. Wojt were present. The advertisement for the Transportation Advisory Board was discussed. The duration of the briefing session was spent on continued discussion of the Port Ludlow Watershed Plan. Discussion of Board's Response to Port Ludlow Watershed Plan (Continued from Aueust 3. 1992): Community Services Director David Goldsmith and Teresa Barron, Water Quality Planner, continued the review of the Port Ludlow Watershed Committee's draft watershed action plan. Teresa Barron explained the recommendations that are the primary responsibility of the Board. OM-l Control agricultural land runoff through continued technical assistance. Develop sustainable funding alternatives for the technical assistance position. This position at the Conservation District has been supplemented by County funding. The suggested revision of this goal would read: "The U.S. Department of Agriculture and Soil Conservation Service shall develop sustainable funding alternatives for the Jefferson County Conservation Service technician position." Chairman Dennison stated the position of the Board in the past has been to fund the Conservation District and they will continue to do so as long as the budget allows. Commissioner Brown added that the Conservation District does apply for grants from State and Federal agencies to supplement their funding. Mter further discussion of this goal, the wording was changed to say "The County will support the local Soil Conservation District in its pursuit to receive sustainable fundinf! alternatives for the technician position throuf!h the U.S. Department of Agriculture or State Department of Agriculture. " R-3 Develop and adopt a County Clearing, Grading and Drainage Ordinance that includes riparian and wetlands protection standards. The suggested revision of this goal would read: "Jefferson County Planning and Building Department and Public Works Department shall jointly evaluate clearing, grading and drainage management alternatives including the Jefferson County Draft Grading, Clearing, Filling and Drainage Ordinance; Chapter 70 of the Uniform Building Code and the Growth Management Act/Sensitive Areas Ordinance." Chairman Dennison explained that this goal concerns wetland and riparian standards in this watershed only and the issue of the Clearing and Grading Ordinance covers too broad an area. The wording of the goal was changed to read: ''] efferson County Planninf! and Buildinf! Department and Public Works Department shall jointly evaluate manaf!ement standards for wetland and riparian protection. specifically for the Port Ludlow watershed." 1,1;">, / .0 -00 847 Commissioners' Meeting Minutes: Week of August 10, 1992 Page: 2 R-6 Levy a minimum $2,500 fine for permit violations and require violator to repair damages. The fines levied in the Ludlow Watershed may be used in a "watershed project fund" for rehabilitation, land purchase, etc. Revise to say: "The Jefferson County Prosecuting Attorney shall draft a civil penalties ordinance for consideration by the Board of County Commissioners. Fines levied through the ordinance may be placed in a fund for rehabilitation of damages." Chairman Dennison asked if this addressed permits already required by the County? He added that this would have to be a County-wide ordinance and could not just focus on the Port Ludlow watershed. The recommended wording was: "The County will pursue compliance of permit reQuirements. " Later that day: R-ll Strictly enforce existing forestland conversion regulations with special attention to stream corridor protection. Revise to say: ''Jefferson County Planninf! and Building Department and Washinf!ton State Department of Natural Resources shall develop a Memorandum of Understanding to establish enforcement procedures for forest conversions. includinf! stream corridor protection. " The Board concurred with this revision. R-12 Identify and map critical areas in County forestlands and prohibit incompatible uses in those areas. The staff recommendation is: "Jefferson County Planning and Building Department shall be the implementing agency for this goal under GMA." There was a discussion regarding the jurisdiction of the DNR and the County on forestland conversions. The wording was changed to read: "Work with Department of Natural Resources to identify and map critical areas in private forestlands in the County and minimize incompatible uses in those areas. " OM-9 Expand or continue the Jefferson County Water Quality Improvement Fund loan program to repair failing or substandard septic systems. Add to this goal: "Continue the county-wide Water Quality Improvement Fund Loan Program to repair failing or substandard septic systems or install agricultural Best Management Practices. Re-apply to the Washington State Department of Ecology's State Revolving Fund Program when current County loan funds are depleted." Teresa Baron explained these loans target low income families. They are secured with real property and at present, there is not a set repayment schedule for these loans. She suggested that a sliding scale might be implemented for repayment. The Board will discuss this with Director of Community Services David Goldsmith. The Board concurred with this goal as expanded. Chairman Dennison stated that the Board would look at the remainder of the recommendations during the week and continue the review next week. PUBLIC COMMENT PERIOD: There was a discussion about the purchase of the landfill compactor and the open space-open space law that was revised last year. APPROVAL OF THE MINUTES: Commissioner Brown moved to approve the minutes of July 20, 1992 as written. Commissioner Wojt seconded the motion which carried by unanimous vote. . VDl. 1'0 nn8"'{''' -0 t~!t:~ UU '-:s:'oJ Commissioners' Meeting Minutes: Week of August 10, 1992 Page: 3 APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Brown moved to adopt and approve the consent agenda as presented. Commissioner Wojt seconded the motion which carried by unanimous vote. 1. CONTRACT re: Pavement Marking 1992 MT01048; As awarded Using Small Works Roster Procedures; Stripe Rite, Inc. Auburn 2. Call for Bids: One (1) New or Used Landfill Compactor; Bid Opening Set for August 24, 1992 at 10:30 a.m. 3. Appointment of Mel Herod, Fire Chief District #4, to Serve on a Regional Fire Defense Board; Letter of Notification to Mr. Herod and to the State Department of Community Development 4. CONTRACT re: Professional Services Pediatric Sexual Assault Examination Program; Dr. Sydney W. Schneidman 5. Appointment of Judy Harder to a Three Year Term on the Developmental Disabilities Advisory Board (Term will expire August 9, 1995) 6. Applications for Assistance from the Soldiers' and Sailors' Relief Fund; Kenneth A. Austin $371.96; Tom W. Stretch $500.00 7. AGREEMENT, Addendum re: Consultant Services; Extension of Agreement to Complete Animal Shelter; d' Arch Architects HEARING re: Franchise Application: Aericultural Irrieation Line: Gardiner Beach Road: G.A.B.. Inc.. Applicant (Continued from January 27. 1992): (See also minutes of January 27, 1992) Public Works Administrative Assistant Eileen Simon explained that this hearing is continued from January 27, 1992 when Prosecuting Attorney Mark Huth requested that Fred Tuso, representative for G.A.B., Inc., contact the State Department Of Ecology regarding a water rights permit. Mark Huth suggested that this be done prior to the County issuing a franchise for a water line. Fred Tuso explained that in contacting the State, he was told that DOE will not issue water rights until the system is in place. He then submitted a temporary permit from the State, dated May 19, 1992. This permit expires in two years and allows G.A.B., Inc. to construct the system and use the water for the irrigation, if the County approves the franchise. Commissioner Brown stated that he had an exparte meeting with Mr. Tuso. At that meeting he suggested Mr. Tuso bring the new information before the Board. Mark Huth asked if that meeting would have any bearing on Commissioner Brown's decision? He said it would not. Chairman Dennison opened the hearing for public comment. Hearing no comments, he closed the public hearing. Commissioner Brown asked Mark Huth if granting the franchise at this time was proper? Mark Huth asked Fred Tuso for a copy of the findings of fact and conclusions for the temporary permit issued by the State. Mr. Tuso supplied this information to the Board. Commissioner Wojt moved to approve the franchise application for an agricultural irrigation line. Commissioner Brown seconded the motion with the addition that the franchise meet the requirements set forth by the Public Works Department. The Chairman called for the vote. The motion carried by unanimous vote. Fred Tuso also reviewed Public Works comments of the January 27 hearing that stated the Board could waive the requirement of the bond if the grantee has financial resources to fulfill the obligations under the franchise. He asked if the Board would waive the bond requirement? Chairman Dennison explained that this option has been used in the past for VûL 18 r~G~ 00 84~ Commissioners' Meeting Minutes: Week of August 10, 1992 Page: 4 public entities that are tax supported, but not for individuals. Commissioner Brown agreed and stated a bond or another kind of surety is required to cover costs for damage to public property that might occur during construction. Fred Tuso then requested that the amount of the bond be determined and the final document be drawn up as soon as possible. ISTEA Enhancement Application: R00918. Olvmpic Discovery Trail. Phase I & II: Washineton State Department of Transportation: Road Projects Manager Bruce Laurie explained this is a pre-application for Federal funds. The funding covers ten different types of transportation enhancement projects, including bicycle trails. The Olympic Discovery Trail has been supported by the Board in the past and there is grant money already available. This application is for 45% matching enhancement funds, 45% IAC funds and 10% local funds. The proposed project is to provide a pedestrian and bicycle trail along the old railroad corridor from the City of Port Townsend to Adelma Beach. The trail would be State Route 20 and/or Discovery Road and/or the railroad corridor. This phase of the project is to acquire right-of-way and no construction is involved at this time. Land would only be acquired from willing sellers, because one of the requirements of IAC funding is that condemnation of property is not permitted. There were several comments from people in favor of the bicycle trail as a safe place for bicyclists and children. The trail would encourage tourism. The development of the trail is an essential part of the Jefferson County Park's Plan for 1990-1995. There were also several comments from others opposed to the trail because they do not want people trespassing on their land and they do not want a trail going through their property. Concern was also expressed that railroad right-of-way property owners have not been notified about the plan. George Brown requested that Commissioner Wojt disqualify himself because he is Co- Chairman of the Olympic Discovery Trail Advisory Board. The Prosecuting Attorney explained that this was not a quasi-judicial issue, therefore Commissioner Wojt did not have to step down. Commissioner Wojt moved to approve the ISTEA Enhancement Grant Application. Commissioner Brown seconded the motion for purpose of discussion. He added that this is a pre-application that mayor may not be successful. He clarified the position that people's concerns will be addressed in public meetings if the pre-application is approved. The Chairman called for a vote on the motion. The motion carried by unanimous vote. Discussion of Repairs to the Clearwater Annex: Facilities Manager Frank Gifford explained that Sheriff Mel Mefford had written a letter to the Board in June concerning replacement of the roof and plumbing at the Clearwater Annex in the West End. There was a discussion about options, cost estimates and the budget. The Board concurred that a new roof is top priority. The existing water system should be improved enough to accommodate the Deputy's family that is living there now, but an alternate water source should be sought. Discussion of Plannine Commission Recommendation re: Salt Water Intrusion on Marrowstone Island: Planning Director Craig Ward explained that a study regarding sole source aquifer problems and saltwater intrusion in wells on Marrowstone Island is being conducted by the State DOE. The Planning Commission, in researching Growth Management Act regulations, recently recommended a temporary moratorium on well drilling on the island. The DOE and EP A agree with this recommendation. Chairman Dennison asked when the study from the State will be finished? Assistant Planner David Young stated that the draft report will be available in September. Both the EP A report and the final DOE report will be available in late October or early November. Craig Ward explained the problem on Marrowstone Island is one of cumulative impacts, i.e. too much water taken out of the aquifer may affect many wells. He added that there are pending plat applications for subdivisions that could add 22 lots on the island. These subdivisions have not received final approval. GMA requires subdivisions to have appropriate VOL 18 Ut,t 00 850 Commissioners' Meeting Minutes: Week of August 10, 1992 Page: 5 provisions for adequate, potable water. To date in 1992, 12 building permits have been issued on the island. GMA also requires proof of an adequate, potable water supply before a building permit can be issued. A temporary moratorium would allow time to propose a groundwater management area and create a management plan. However, the planning process could take a year. An advisory committee would have to be formed and data reviewed. David Young stated that the EPA's sole source aquifer designation would come to public hearing in November. If this was approved, DOE will have regulatory and permitting authority over individual wells. At present they only have authority over community systems. Environmental Health Director Larry Fay explained that currently the Health Department looks at individual access to an adequate volume of potable water. They aren't looking at impacts on surrounding wells or availability of water in the future. Prosecuting Attorney Mark Huth stated that groundwater is the State's responsibility. He suggested that another option is for the residents to start the process which allows one fourth of the groundwater users in an area to petition DOE to declare a proposed groundwater area, instead of waiting for the EPA to designate this area sole source aquifer. He added that on Marrowstone Island, this would be about 50 people. He explained that a temporary moratorium stops people from going forward on their building permits, but it doesn't stop them from applying. Under the vested regulations doctrine, they may not have to abide by new regulations when a moratorium is lifted. He emphasized the most effective means of dealing with the issue is for the County to contact the DOE and demand that they take action as soon as possible. Chairman Dennison asked John Illman, Vice-Chairman of the Planning Commission, to explain their recommendation regarding a building moratorium. John Illman stated that The Planning Commission thought it was an important situation and they wanted the Board to be aware that something has to be done about conservation, education, and developing a management plan in the aquifer recharge area. Rita Kepner, Chairman of the Marrowstone Island Groundwater Committee explained that as the population on the island has grown, there is more demand on the aquifer, and the sodium level in wells has increased. Studies show that only 25% of the wells are still healthy. The Marrowstone Island Community Association considers this a health risk and expects the County to assist the people of the island. This committee has been looking into alternative systems, conservation, education and a management plan. The DOE has told them a groundwater subarea designation by petition could take as long as 2-5 years. They have also been working with the State Health Department. Several people commented that there has always been saltwater intrusion on the island. Others think there is more than one aquifer. Education and conservation are key issues. There were many comments regarding alternatives. There are new technologies regarding aquifer recharge that are being used in other areas where water is scarce. A community water system for the island was suggested. Cistern systems for runoff for non-potable uses and retrofit meters on existing wells need to be encouraged. New wells should have low water use fixtures and meters. The groundwater needs to be protected from pollution. Some people suggested the County hire "water police" and fine residents for wasting water. Chairman Dennison stated that the County would take the lead position in approaching the State and demand they take responsibility and act quickly to limit the number of wells being drilled on the island. He also said that a moratorium by the County would be a last resort. He assured people that there would have to be advertised public hearings before a moratorium could be put on building permits and subdivisions on the island. Resolution of Issues Reeardioe Shoreline Review of Applications for Recreational Moorine Buoys: Associate Planner Jim Pearson reviewed the memo on criteria that is used regarding mooring buoy applications and shoreline permits. The key issue is whether the buoys interfere with the navigation of recreational vessels. Under this criteria, VOL 18 r;'tE 00 851 · 1 Commissioners' Meeting Minutes: Week of August 10, 1992 Page: 6 an administrative decision can be granted if the application is exempt. Prosecuting Attorney Mark Huth suggested that Planning Department guidelines be drawn up and given out with the applications. The Board concurred that this could be handled at the department level. Buildine Permit Workload and Possible Need for Budeet Appropriation: Planning Director Craig Ward explained that the Building Department has a back log of applications for building permits, which require plan checks. Energy checks and construction inspections are also required. While the regular inspector is on vacation, Craig Ward is asking that a qualified person be retained in a clerk hire position. There was a discussion regarding turnaround time for inspections for residential construction. Other options were also suggested to prevent a further backlog. Çraig Ward said he would look into this further and get back to the Board. Special Occasion Permit: September 26. 1992 at the Port Ludlow Recreation Center: East Jefferson County Rotary Charitable Trust: Commissioner Brown moved that the County has no objection to the applicant or the location for this special occasion liquor permit. Commissioner Wojt seconded the motion which carried by unanimous vote. Request from Grays Harbor County and Lewis County re: Continued Funding of Timber County Representative Throueh 1993: For the past two years, Clallam County has funded Harriette Buchmann's position as representative for the timber counties. This position focuses on Federal legislation and State assistance programs. At a meeting in June, the timber counties agreed that this position was crucial to help maintain continuity and unity regarding timber issues, and it should be funded for another year. The funding request from each county is $1,823. Commissioner Brown moved to approve payment of $1,823 to help offset the cost of the timber counties representative. Commissioner Wojt seconded the motion which carried by unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS ~~ dð~~ÂA ) B.G. Brown, Member /' VOL 1 ~ L,'~rc:::- nn ... (0) ,1,,,;_ UU 852