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HomeMy WebLinkAboutM122892 · \. ~ '- "0- ~Ò.c' ./ ~ MINUTES WEEK OF DECEMBER 28, 1992 Chairman Larry W. Dennison called the meeting to order at the appointed time. Commissioner B. G. Brown and Commissioner Richard E. Wojt were both present. The Board members interviewed an applicant for a position on the Parks Advisory Board. Commissioners' Briefm2 Session: Community Services Director David Goldsmith reported that he has the changes to the personnel policy as suggested and reviewed by the Elected Officials. He will submit them to the Board for review and possible adoption on December 30, 1992. Commissioner Brown noted that most of the personnel policy is taken from the RCW. Chairman Dennison asked what problems were addressed by the changes suggested by the Elected Officials? David Goldsmith explained that control and invasion of the Elected Officials autonomy were the main issues. Commissioner Brown pointed out that the County is the employer, not the individual Elected Officials. As the employer the County is required to make sure that all personnel regulations are complied with and all employees are treated equitably. With the suggested changes, David Goldsmith reported, the personnel system would be bifurcated. The employment records will be transferred to the Commissioners' Office, and the Human Resources Manager will monitoring hiring and firing. The Elected Officials and Department Heads will be responsible for: employee selection, performance evaluation, training, retention, and discipline. David Goldsmith and the Prosecuting Attorney will review the draft Memorandum of Understanding submitted by the Quinault Indian Nation. The Board will consider action on the MOU on Wednesday, December 30th. AGREEMENT re: Lease of Property at the Landfill for Biosolids Comnostin2 Facility: City of Port Townsend: Mark Huth presented the lease agreement for the City's biosolids composting facility on County property at the Landfill. He explained that he has made the changes discussed with the Board at their last meeting. Commissioner Brown moved to add the lease agreement to the agenda and to approve it as submitted. Commis- sioner Wojt seconded the motion which carried by unanimous vote. APPROVAL OF MINUTES: Commissioner Wojt moved to approve the Minutes of December 14, 1992 as corrected. Commissioner Brown seconded the motion which carried by a unanimous vote. ~ 18;. 0 1755 ~ <"'. ~- ", Commissioners' Meeting Minutes: Week of December 28, 1992 Page: 2 APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to adopt and approve the consent agenda items as presented. Commissioner Brown seconded the motion which carried by a unanimous vote. 1. AGREEMENT re: Stipend for Family of Deputy at the West End Annex; Richard L. Smith 2. AGREEMENT, Interlocal re: Amendment to Agreement Dated August 1, 1991 re: County Responsibilities; Coyle Park and Recreation District #1 3. AGREEMENT re: Consultant for Acquisition Services; Ken Endorf 4. Letters of Notification; Appointment to the Olympic Consortium Board; Robert Delong; Anne MacLaughlin and Lee J. Tickell (Terms expire December 15, 1995) 5. Approval of Waiver of Dumping Fees for Non-Commercial Customers on December 31, 1992 at the Jefferson County Landfill 6. ORDINANCE NO. 15-1228-92 re: Planning and Building Department Fee Schedule; Effective 10 days after adoption. 7. RESOLUTION NO. 129-92 re: Adoption of the Annual 1993 Annual Budget including the Current Expense, Public Works, Special Funds, Jefferson County Road Construction Program, and the County Tax Levy 8. RESOLUTION NO. 130-92 re: Revising a County Road Project Designated as CR0825; Realignment and Channelize Intersection of SR20 and SR19 9. AGREEMENT re: Realignment and Channelize Intersection of SR20 and SR19; Washington State Department of Transportation 10. DESIGNATION OF LEAD AGENCY re: 1993-1997 Surface Transportation Program; City of Port Townsend and Jefferson County Transit Authority 11. Adopt Findings, Conclusions and Order; Bishop Gardens Preliminary Long Plat and Variance; Loren BishoplBishop Logging Company, Applicant 12. AGREEMENT re: Hauling Solid Waste from Landfill to Klickitat County; Nikodym Trucking 13. CONTRACT re: Juvenile Detention; Clallam County 14. CONTRACT re: Special Investigator, Prosecuting Attorney's Office; State Department of Social and Health Services 15. RESOLUTION NO. 131-92 re: Partial Re-payment of Loan; Hotel/Motel Tax Fund to Repay Jefferson County Current Expense Fund The Board then interviewed two people interested in serving as a Jefferson County Representative on the Olympic Area Agency on Aging Advisory Council. BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND BUILDING Hearin2 Examiner Recommendation: Application for Conditional Use Permit on Cellular Telephone Tower: Kala Point Drive: U. S. West New Vector: Associate Planner Jerry Smith reported that this conditional use permit is for a small equipment building and a 150 foot cellular telephone tower to be located near the RV storage area at Kala Point. The Hearing Examiner held a hearing on this proposal and recommends approval of the permit subject to a condition that before the tower and building are constructed a building permit be approved. Commissioner Wojt asked if the issue of the radio frequency emissions was resolved? Jerry Smith explained that a report was submitted by u.S. West verifying that the emissions would not have any harmful effects. Commissioner Brown moved to adopt the findings of fact and recommendation of the Hearing Examiner that this conditional use permit be approved with the condition as stated. Commissioner Wojt seconded the motion which carried by a unanimous vote. VI: 18 rIM 0 1756 Commissioners' Meeting Minutes: Week of December 28, 1992 Page: 3 Hearin2 Examiner Recommendation and AGREEMENT: Desi2Datin2 19.45 Acres as Open Space: South of Brinnon: Harold and Shirley Hobson: The Hearing Examiner's recommendation on this timberland Open Space designation was reviewed by Associate Planner Jerry Smith. He reported that this parcel was previously in the classified forest land designation, but because the property owner desires to remove one acre from the designation the parcel no longer qualifies for that designation. This request is to transfer the parcel to the Current Use Tax Assessment Open Space program. The Hearing Examiner recommends approval of the transfer of this parcel from classified forest land to the Current Use Tax program subject to five conditions. An updated timber management plan is required by RCW to be done every four years. The Hearing Examiner has asked that the applicant provide additional information to verify that the person that prepared the forest management plan has all the credentials that the County's Open Space Taxation program requires. The applicant has agreed to the five conditions. Commissioner Brown moved to adopt the findings, conclusions, conditions and recommendation of the Hearing Examiner for this transfer and to approve the Open Space Taxation Agreement. Commissioner Wojt seconded the motion which carried by unanimous vote. HEARING re: Zone Chan2e under the Interim Zonin2 Ordinance: 44 Acres of Land Located at the Intersection of State Routes 19 and 20: Zoned as General Use to General Commercial: Richard Wiley. Joseph Daley. John & Terri Hem. John Nesset. and Tom and Ellen Beavers: Senior Planner James Holland explained that this petition is for a zone change request because the Interim Zoning Ordinance does not explicitly identify the commercial area at the Intersection of State Highways 19 (Airport Cutoff Road) and 20. The request is to change the general use designation of just over 44 acres of land to the general commercial designation. Three of the properties have commercial uses existing on them: the Wheel In Drive In Movie on Mr. Wiley's property, the Courtesy Ford Automotive Dealership on Lot 1 of the TEC Commercial Center and the Olympic Greenhouse of Mr. Daley's property. Mr. Nesset's property (Tax 10 on the map) was once an auto wrecking yard. The parcel owned by Tom and Ellen Beavers currently has four billboards on it. This petition was reviewed by the Planning Commission in July, 1992 and a recommendation was forwarded to the Board. The Planning Commission recommendation reduces the size of the area to be designated general commercial by deleting the northern half of Mr. Daley's property and the southern half of Mr. Wiley's property. All of the rest of the property would be included in the general commercial designation. Chairman Dennison reported that both Mr. Daley and Mr. Wiley have been paying commercial property taxes, on all of their parcels. Chairman Dennison then opened the public hearing. Joseph R. Daley, owner of Olympic Greenhouse: Mr. Daley stated that this is existing commercial property. He has a letter from Planning Department written in 1979 saying that his property is commercial. The letter was sent to support his request for a commercial approach from the State Highway. He reported that he has received five separate building . permits for commercial greenhouses on his property. All of the greenhouses are on the north end of the property which was excluded from the redesignation by the Planning Commission. He advised that he has paid commercial property taxes on this property for the last 12 years. Prosecuting Attorney Mark Huth asked Mr. Daley if he has been paying commercial property taxes on his entire parcel? Mr. Daley answered that is correct. The Assessor's worksheet shows he is paying commercial property tax on 8.67 acres. Mark Huth asked if there are currently greenhouses on this property? Mr. Daley explained that he currently has five greenhouses and makes retail sales from the site. Dick Wiley: Mr. Wiley noted that he felt that the Board had, at a previous meeting, indicated to him that his property is in the commercial designation and that he should not be concerned mainly because the Drive In Theater has been on this property for forty years. The County 18 t,.I'c 0 1757 .... rM! '\. ',l Commissioners' Meeting Minutes: Week of December 28, 1992 Page: 4 designated the road that runs almost the whole perimeter of the Drive In as Theater Road. The property is one parcel and has never been divided. He feels that no one else has the right to divide his property as has been recommended by the Planning Commission. He doesn't have any plans at present to subdivide or develop. He then pointed out that the following businesses are located south of the Drive In Theater: Leavitt Trucking, Mac's Auto Wrecking, the gravel pit, the Airport sawdust mill, the equipment rental at the south end of the Airport Cutoff, Windemere Real Estate, and New Found Metals. This doesn't count any of the businesses at the Airport itself. All of these businesses have come since the Drive In Theater has been on this site. Designating the property that the Drive In Theater is located on as commercial will not further strip development. James Holland submitted and reviewed written testimony from the Planning Department. He pointed out that the issues can be summarized by three questions: 1) Is the area of the zone change petition correctly identified as a commercial center by the Comprehensive Plan? He explained that by using the main criteria (at the intersection of two are more arterial roads) the answer is yes. The history of the area was also taken into account in making the designation. 2) Will this proposal serve the needs of Jefferson County residents? There is currently a supply of vacant commercial land in Jefferson County. The Tri Area Highway Business District, the Community Shell intersection and the Center Valley RoadlRhody Drive intersection in Chimacum are all areas with vacant commercial land. However because of the location of two businesses in this area that occur nowhere else in the County (the Drive In Theater, and the auto dealership), it can be suggested that this location has some uncommon characteristics that make it suited to activities that require a fairly high level of market exposure. 3) What size should this commercial area be? How big should the zone be? This is a question that can only be answered by deliberation of the Board. There is no policy identified in the Comprehensive Plan which specifies size for the commercial center. Commissioner Wojt asked what difference there is for the proponents, between the two designations? James Holland answered that under the general commercial designation commercial activities are allowed uses. In the general use zone, commercial activities would be conditional uses which would have to be reviewed by the Hearing Examiner. As far as impact to established commercial activities, the Interim Zoning Ordinance contains a "grandfather" clause which will allow those activities to continue unaffected. Commissioner Wojt asked what would happen if the property owner wanted to expand their current activities? James Holland reported that the expanded activity would have to be approved as a conditional use. Commissioner Brown explained that when the Interim Zoning Ordinance was adopted, the intent of the Board was that no use be taken away from property owners. It is clear what the people felt the designation of their property was before the adoption. The petition process, with no fee, is to clarify areas where there were no definite maps. Chairman Dennison noted that the Board also avoided cutting parcels in half when the zones were established by the Interim Zoning Ordinance. Hearing no further comment the Chairman closed the public hearing. Commissioner Brown moved to have the Prosecuting Attorney and the Planning Department staff draft the findings and conclusions to support the approval of the petition for a zone change as submitted by the petitioners. Commissioner Wojt seconded the motion which carried by unanimous vote. Determination re: Appeal of Final Miti2ated Determination of Non-Si2niticance: Lar2e Lot Subdivision. Fulton Lake Estates (Continued from December 21. 1992): Chairman Dennison reported that a letter has been received from the appellants attorney, David Bricklin of Bricklin and Gendler. He asked the Prosecuting Attorney to report if there is anything that the Board needs to be aware of before they deliberate on this determination? fit. 18 rAr>£ (J 1758 , . . . -.' Commissioners' Meeting Minutes: Week of December 28, 1992 Page: 5 Mark Huth explained that he agrees with Mr. Bricklin who has pointed out that the Board is here to consider the draft language of the mitigative measures and not the point of view of the Planning Department staff (referring to Jim Pearson's Memo dated December 24, 1992). Mr. Bricklin's letter operates under the assumption that the Board had not have received Jim Pearson's memo. Since this is not the case, Mark Huth asked the Board again to only consider the suggested mitigation language. Mark Huth explained that the staff report from Jim Pearson provides draft wording for each mitigative measure and includes an outline of what impact each one addresses. Chairman Dennison noted that the Board needs to determine if the mitigative measures proposed address the issues and concerns that have been raised. Commissioner Wojt said that he feels that the concerns are well documented and that requiring an Environmental Impact Statement wouldn't increase the knowledge of the problems. Commissioner Brown stated that the Board needs to look at the proposed mitigative measures and see if there are still areas that they feel there may be significant environmental impacts. Commission Dennison asked about mitigative measure number 9 which includes a sentence that says ''In the event that archeological resources are discovered to be on the site, notice to this effect shall be placed on the survey together with notice that future property owners should consult with the Jefferson County Planning Department prior to ground disturbing activities. " The idea is to decide if there is a likelihood of anything on the site, and if something is found on the site then saying they "should" is not enough. Mark Huth advised that the Board should change the wording in these measures to what they feel is necessary. Jim Pearson explained that if there is a probable site, test boring is done, and the results recorded on a map. If excavation is to be done in those areas, then an archeologist would be required on-site prior to any excavation. Chairman Dennison noted that the wording which says "Future construction and development on the property shall be conducted in compliance with the recommendations of the archeological site investigation" may be enough. It's important to make sure that if there are cultural or archaeologically significant resources found on the property that subsequent development needs to be handled in a manner that protects them. Mark Huth suggested that changing the word "should" to "shall" will accomplish that purpose. Chairman Dennison agreed that this wording change be made. Commissioner Wojt asked if the County can make the applicant submit to a conservation easement as suggested in Mitigative Measure number 10? Mark Huth explained that the County can suggest this as a mitigation. Sam Boling asked what area is being referred to? Mark Huth reported that this mitigative measure addresses the buffers. Chairman Dennison asked if the Department of Wildlife letter dated December 23, 1992 to Jim Pearson, is an Eagle Management Plan or if it just outlines the parameters of such a plan? Jim Pearson answered that the letter outlines a plan, but doesn't have the usual background information typically found in a plan. Sam Boling's Attorney, Harry Holloway stated that he and Mr. Boling saw a copy of the letter this morning. Jim Pearson reported that an Eagle Management Plan is a negotiated agreement between the property owner and the State Department of Wildlife and there is a possibility that the items suggested in this letter could be changed by the State and/or the property owner. Commissioner Brown asked if the sentence in Mitigative Measure number 10 which says "The applicant shall also convey the same trustee the right to further subdivide Lots 1, 3 and 15 through 16. . . ." isn't already addressed since the applicant said that he would make it a notice to their deed that these lots couldn't be further subdivided? Commissioner Brown pointed out that this sounds like the trustee would have the right to further subdivide these lots. Mark Huth suggested that this sentence be left out. Commissioner Brown stated that he feels it is better to leave this as a restriction on the deed (covenant). Chairman Dennison noted that a covenant can be changed in the future. Mark Huth explained that the covenants can only be changed by an agreement of all the property owners. He added that transferring the development rights, as stated in this sentence, confuses the issue. Commissioner Brown ,t'tl"· 18 ,At£ o :t 759 · . , ~. Commissioners' Meeting Minutes: Week of December 28, 1992 Page: 6 stated that he feels the most straight forward way to handle restricting further subdivision of the lots is by covenants on the lot. Chairman Dennison pointed out that in the letter about the Bald Eagle Management Plan it indicates that there will be no further subdivision of Lots 1, 3, and 5 through 16 will be allowed. This would cover his concerns if the proponent is willing to abide by that mitigative measure. Commissioner Brown noted that the Bald Eagle Management Plan will have to be accepted by the project proponent before final plat approval is issued. Mter further discussion of this mitigation, Mark Huth suggested the following wording "Lot 1, 3 and 5 through 16 shall not be subdivided further. On lots 2 and 4 any further subdivision will be subject to the Bald Eagle Management Plan." Commissioner Wojt indicated that it was his understanding, regarding mitigative measure number 12, that the County couldn't require the proponent to pay money to the school district. Mark Huth suggested that this measure be re-worded to say "an amount to be agreed upon between the School District and the applicant," instead of $500 per lot. The School District will notify the County if the applicant has complied with this mitigation. Commissioner Wojt asked why the mitigative measure regarding the proponent having a contract with the Pleasant Tides Water Association for this plat was not included in Jim Pearson's list? This mitigative measure was offered by the proponent last week. The Board members asked that this be added as a mitigative measure. In response to Jim Pearson's inquiry regarding the impact that this mitigation would address, the Board reported it would address the impacts to water quality and quantity. There was then discussion of the impacts to water. Sam Boling reported that he has an agreement with the Pleasant Tides Water Association. Jim Pearson then proposed the following mitigative measure ''In order to avoid significant adverse impacts to groundwater quantity and quality, water for the subdivision shall be provided by a community water system." Commissioner Brown moved that with the changes as discussed today to the draft mitigative measures be added and that a Mitigated Determination of Non-Significance be issued. Commissioner Wojt seconded the motion. Harry Holloway asked for clarification regarding this mitigative measure number 10 because he thought Commissioner Brown had indicated that the Land Trust would not be involved. Commissioner Brown explained that his comments about the Trustee only referred to transferring subdivision rights on the lots (except 2 and 4). Jim Pearson asked if the Board wants a time frame specified for the conveyance of the conservation easement? Commissioner Brown reported that all of the mitigation must be complied with before final plat approval can be issued. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. Prosecuting Attorney Mark Huth reported that the mitigated DNS will be ready for the Board to sign on Wednesday. Appointments to the Parks Advisory Board: Commissioner Brown moved to appoint Nancy Rohl to a two year term (expires December 31, 1994) and Kate Spear to an unexpired term (expires May 20, 1993) on the Parks Advisory Board. Commissioner Wojt seconded the motion which carried by unanimous vote. Personal Vehicle Allowance for the Commissioners and the Public Works Director: Commissioner Brown moved to approve RESOLUTION NO. 132-92 providing personal vehicle allowances for the County Commissioners and the Director of Public Works. This resolution repeals and replaces Resolution 117-91. Commissioner W ojt seconded the motion which carried by unanimous vote. ~ 18 rAt: o .t 760 '. , :" ~ . . . Commissioners' Meeting Minutes: Week of December 28, 1992 Page: 7 APPROVAL OF MINUTES: Commissioner Wojt moved to approve the Minutes of December 21, 1992 as corrected. Commissioner Brown seconded the motion which carried by a unanimous vote. The meeting was recessed at the end of the business on Monday and reconvened on Thursday, December 30, 1992 at 2:00 p.m. All three Board members were present. After making a presentation to Tom Jay for his outstanding volunteer contributions to the community, the following business was completed. Miti2ated Determination of Non-Si2Diticance and Lead A2enCy Status: Fulton Lake Estates. Lar2e Lot Subdivision: Sam Bolin2: Commissioner Wojt moved to approve and sign the final mitigated determination of non-significance on the Fulton Lake Estates Large Lot Subdivision as presented. Commissioner Brown seconded the motion which carried by a unanimous vote. Findin2s and Conclusions re: Zone Chan2e under the Interim Zonin2 Ordinance: 44 Acres of Land Located at the Intersection of State Routes 19 and 20: Zoned as General Use to General Commercial: Richard Wiley. Joseph Daley. John & Terri Hern. John Nesset. and Tom and Ellen Beavers: Commissioner Brown moved to approve and sign the findings and conclusions as prepared by the Planning Department for the zone change granted as petitioned by Richard Wiley, Joseph Daley, John and Terri Hem, John Nesset, and Tom and Ellen Beavers. Commissioner Wojt seconded the motion which carried by a unanimous vote. Adoption of Personnel Policy Manual for Jefferson County Employees: Commissioner B. G. moved to approve and sign RESOLUTION NO. 133-92 adopting a Personnel Policy Manual for all Jefferson County Employees. This resolution repeals and replaces Resolutions 74-88 and 52-76. Commissioner Wojt seconded the motion which carried by a unanimous vote. Appointments re: Jefferson County Representatives to the Olympic Area A2enCy on A2in2 Advisory Board: Commissioner Wojt moved to appoint Rusty North and Bob Baker to each serve a three year term as Jefferson County representatives on the 03A Advisory Board. Commissioner Brown seconded the motion which carried by a unanimous vote. Their terms will expire December 31, 1995. Memorandum of Understandin2 re: Land Use Re2Ulations for Non-Indian Owned Reservation Land: Ouinault Indian Nation and Jefferson County: Commissioner Brown moved to approve and sign RESOLUTION NO. 134-92 adopting a memorandum of Understanding between the Quinault Indian National and Jefferson and Grays Harbor Counties. Commissioner Wojt seconded the motion which carried by a unanimous vote. APPROVAL OF MINUTES: Commissioner B. G. Brown moved to approve the Minutes of December 28, 1992 as corrected, including the actions taken on December 30, and the Health Board Minutes of December 15, 1992 as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY BO OF COMMISSIONERS SEAL: Lorna L. Delaney, Clerk of the Board 'f(J. 18 tAr': o 1761