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HomeMy WebLinkAboutM010791 , . .. MINUTES Week of January 7, 1991 The meeting was called to order by Commissioner B. G. Brown in the presence of Commissioner Larry W. Dennison and Commissioner Richard E. Wojt. Reor2anization of the Board: Commissioner B. G. Brown moved to nominate Commissioner Larry Dennison to be the Chairman for 1991. Commissioner Wojt seconded the motion. Commissioner B. G. Brown called for a vote on the motion. The motion carried by a unanimous vote. ŒIJS~N~œ fOOM OOUN1fY DEPM1MefIf'S: DISTRICT COURT District Court Jud2e Tom Maihan and Office Supervisor Sue Dillin2ham re: Chan2es in District Court Procedures Due to Case Law; EtTectson the 1991 Department Bud2et: Judge Tom Majhan explained that a change in the case law now requires that the Police Officers must include every essential element of the crime charged when a citation is filed. This will create extra paperwork in the District Court office and this request is to allow one of the part time District Court positions to be expanded to full time to deal with this extra work. Commissioner Dennison asked the purpose of this requirement? Judge Majhan stated that it is to aid the defendant so that they know every element of the crime they are charged with. Commissioner Dennison asked that the time that is taken to deal with this change be documented. After further discussion of the impact this change will have on the District Court workload, the Board advised that they would like to wait until more information is developed before an additional person is added to deal with this change. The District Court will provide some additional information on numbers of pending cases and how this will impact new cases. The Board then met in Executive Session with Assessor Jack Westerman on a personnel matter. PUBLIC WORKS Proclamation of Emer2enCY; Dama2e Caused by Extreme Hi2h Wind Conditions: Public Works Director Gary Rowe reported that this declaration of emergency .VOL 17 fAJ: . ...,;:"'i~ ., -~... ", .-. ~'.......,.... Commissioners' Meeting Minutes: Week of January 7, 1991 Page: 2 will allow the County to apply for federal and State disaster relief, effective immediately, to deal with the damage from the last storm (December 28, 1990). Commissioner B. G. Brown moved to approve Resolution No. 1-91. Commissioner Wojt seconded the motion which carried by a unanimous vote. Establishin2 A Name for A Private Road; Fawn Meadow Road. Chimacum: Gary Rowe reported that the name Fawn Meadow· Road has been proposed for this private road located off of Van Trojan Road in Chimacum. Commissioner B. G. Brown moved to approve Resolution No. 2-91 establishing a private road named Fawn Meadow Road. Commissioner Wojt seconded the motion. The motion carried by a unanimous vote. Deshmatin2 certain County Roads as Primitive Roads: Gary Rowe reported that the "Primitive Road" designation is given to roads that are: 1) Not classified as part of the County primary road system, as provided for in RCW 36.86.070; 2) have a gravel or earth driving surface; and 3) have average annual daily traffic of one hundred or fewer vehicles. A sign will be placed at the beginning of the road noting that it is a primitive road. Commissioner B. G. Brown moved to approve Resolution No. 3-91 designating certain County Roads as primitive roads and repealing and replacing Resolution No. 55-80 (dated May 27, 1980). Commissioner Wojt seconded the motion which carried by a unanimous vote. Application to Open Ri2ht-of- Way: First Street in Irvin2ton Addition; William and Sheila Y oun2. Ap{)licants: This application is to open 200 feet of County road right-of-way for a private access road, Gary Rowe reported, for property located off of Cape George Road. The Public Works Department reviewed the application and. the site and found that· there is a minimum amount of marketable timber on First Street, and they recommend that the application be approved with the conditions as proposed. Commissioner B.G. Brown moved to approve the application to open right-of-way submitted by William and Sheila Young as recommended by the Public Works Department. Commis- sioner Wojt seconded the motion which carried by a unanimous vote. Updatin2 the Solid Waste Fee Ordinance: Public Works Environmental Planner Jeff Frettingham reported that the proposed solid waste fee ordinance includes a 20% increase in the base rate. Gary Rowe reported that the Solid Waste budget was presented to the Solid Waste Advisory Committee. and they are aware that a rate increase is proposed. Jeff Frettingham will give a copy of this proposed ordinance to each Solid Waste Advisory Committee member. Commissioner B.G. Brown moved to approve the hearing notice setting the hearing for 10:30 a.m. Tuesday January 22, 1991. Commissioner Wojt seconded the motion which carried by a unanimous vote. AGREEMENT. AMENDMENT #2· re: Consultin2 Services for the Hazardous Waste Mana2ement Plan; Paul S. RunDÎD2 & Associates AND GRANT AMENDMENT No.2 TAX 89033 re: Time Extension for Hazardous Waste Mana2ement Plan; State Department of Ecolon: Jeff Frettingham reported that the amendment with the State Department of Ecology will extend the time for the consulting work on the Hazardous Waste Management Plan, and the Amendment to the agreement with Paul S. Running and Associates is also for a time extension of their consulting work on this plan. Commissioner B. G. Brown moved to approve the contract amendments with the State Department of Ecology and with Paul S. Running and Associates as presented. Commis- sioner Wojt seconded which carried by a unanimous vote. State Environmental Policy Act Review and Threshold Determination; Jefferson County Hazardous Waste Mana2ement Plan: Jeff Frettingham reported that LYŒ.: . n(li 17 r~r/ U~ . 2 Commissioners' Meeting Minutes: Week of January 7, 1991 Page: 3 an environmental checklist was prepared on the Hazardous Waste Management Plan. He recommended that a determination of non-significance be issued. If a DNS is issued it would not apply to any of the projects included in the plan because a separate environmental review will be done for each project. After review of the environmental checklist, Commissioner B.G. Brown moved to issue a determination of non-significance and lead agency status on the Hazardous Waste Management Plan. Commissioner Wojt seconded the motion which carried by a unanimous vote. Purchase Requisitions (2); Two Patrol Vehicles and One Li2ht Utility Vehicle for the Sheriff's Department: The Sheriff's Department needs two more patrol vehicles which can be purchased from the State contract with Gilchrist Chevrolet in Tacoma for $11,828.74 each and a small utility vehicle which can be purchased from Smokey Point Sales and Service in Arlington for $14,290.00, Gary Rowe reported. Commissioner B.G. Brown moved that the Chairman sign the purchase orders as presented for Sheriff's Department vehicles. Commissioner Wojt seconded the motion which carried by a unanimous vote. The Board then met in Executive Session with Ella Sandvig, Human Services Administrator, regarding a personnel situation. PLANNING AND BUILDING HEARING re: Amendment to Existin2 Bindin2 Site Plait; Brinnon Beach Recreational Vehicle Park; Chet Dal2leish. Secretary/Treasurer. Brinnon Beach Estates North. Inc.: Chet Dalgleish and David Douglas were present when Jerry Smith reviewed this request to amend the binding site plan for the Brinnon Beach Recreational Vehicle Park. The Binding Site Plan was approved two years ago for a recreational vehicle park. Plat restrictions and covenants prohibit individual septic systems on the lots and this amendment would allow the combining of lots so they can be used as permanent residential dwelling sites. Jerry Smith then reviewed the agency responses for this amendment. The petitioners constitute a majority of the lot owners of record within the portion of the plat proposed for amendment and the restrictive covenants have been amended to allow this change. Jerry Smith reported that the Planning Department recommends approval of this plat amendment subject to the following conditions: a. A revised drawing of the approved amendment be prepared and filed with the Auditor's Office. b. The revised restrictive Covenants be referenced on the revised drawing and filed concurrently with the amended site plan. c. Written verification be submitted, before filing the amended site plan and covenant, to the Planning Department confirming that the water system meets the specification and sizing requirements for a residential water system. Commissioner Dennison asked what change will now allow septic systems on these lots? Commissioner B.G. Brown stated that this plat was originally designed to be a recreational vehicle park with small lots which would not support on-site septic systems. Jerry Smith added that this amendment will combine Lots 20 and 21 (each are over 1/2 an acre in size). Three other parcels are being combined to make one lot an acre in size. Commissioner Dennison then asked why this subdivision of land has not gone through the subdivision process? Jerry Smith reported that recreational vehicle parks are established through the Binding Site Plan procedure by County regulations. After discussion of the procedures for platting and for binding site plans, Commissioner Brown noted that the lots that will remain as recreational vehicle lots will still be subject to the provisions of the binding site plan. The lots that are big enough now to have on-site septic systems and a well will be reviewed by the Health Department to make sure that they meet the regulations. VCtl 17 rA~<on=... 3 Commissioners' Meeting Minutes: Week of January 7, 1991 Page: 4 Commissioner Dennison stated that the land use is changing on a portion of this property. The discussion continued regarding the regulations and the mitigation of potential environ- mental impacts. Chairman Dennison then opened the public hearing. Chet Dalgleish reported that approval for on-site septic has been received for Lots 20 and 21. The soils have been checked on the other lots that will be combined and the Health Department has found them to be suitable for on-site septic. The Comprehensive Plan designation for this area is residential with a density of two residences per acre if there is a domestic water system. David Douolas: David Douglas stated that all of the boundaries are noted on a new mylar, which will be filed with the Auditor. This new mylar also includes all the changes to the covenants. The major change made to the covenants allows an on-site septic system where lots have been combined and are large enough to accommodate such a system. Commissioner Dennison questioned why the recommendation of the Health Department that the suitability of the soils be evaluated on a total project basis and not on a case by case basis, was not included in the conditions of approval? Jerry Smith reported that the Environmental Health Director stated that this was recommended because the use is changing from a Recreational Vehicle Park to permanent residential. The Board can refer this to the Planning Commission for their review, Jerry Smith added. Commissioner Brown stated that if this amendment was increasing the density there would be potentially more impact than if. it was decreasing the density, which is what this proposal does. Commissioner B. G. Brown moved to table action on this plat until the Board has a chance to discuss this proposed condition with Environmental Health Director, Larry Fay. Commis- sioner Wojt seconded the motion which carried by a unanimous vote. HEARING re: Revisions to the Jefferson/Port Townsend Shoreline Mana2ement Plan Aquaculture Policy; Staff Brief"m2 Only: Chairman Dennison explained that this hearing is being held in two' parts: 1) a staff briefing today and 2) public testimony will be taken on February 11, 1991 at 7:00 p.m. in the Tri Area Community Center. A man asked if questions could be asked on the record today? After discussion of the way to handle this, the Chairman directed that any questions be submitted in writing. He advised that this is an informational session. The same man asked if there would be responses to any questions submitted before the public testimony is taken? The Chairman advised that anyone can write and ask the Commissioners questions and expect an answer. Associate Planner Jim Pearson explained that this is the first portion of the public hearing on the revisions proposed to the aquaculture section of the Jefferson County/Port Townsend Shoreline Management Master Program. These revisions were formulated and are proposed by the Shoreline Advisory Commission. The changes are mainly to the Aquaculture Section, but several other sections also have changes proposed. He explained that this process began over four years ago with the passing of Resolution 89- 86 which placed a moratorium on applications for fish net pens. A study was done in the County of the issues raised by aquaculture as well as the regulations that exist regarding aquaculture. Jim Pearson then reviewed the history of the State Shoreline Act (RCW 90- 58 and WAC 173-16) and noted: The Shoreline Act was developed in response to uncontrolled development and displacement of water dependent uses. · The local master program must be in conformance with the RCW & WAC and is reviewed by the State Department of Ecology. · Shoreline jurisdiction includes Shorelines of Statewide significance. All waters in the State that are seaward· of extremely low tide and Hood Canal (includes intertidal area and 200 feet back), are Shorelines of Statewide significance. l Y«. 1.7 , -'f r" fY:·~ 4 Commissioners' Meeting Minutes: Week of January 7, 1991 Page: 5 · Shoreline Act requires a permit for substantial developments. A substantial development is defined as a project with a fair market value greater than $2,500 or one that would materially interfere with public use of the water. · WAC 173-16-060(2) states that Aquaculture is in the statewide interest; can protect resource and ecology of the shoreline; provide long term benefits; dependent on use of water; when consistent with control of pollution, it is preferred use of the water. · Recognition should be given to the detrimental impact aquaculture may have on the aesthetic nature of an area. · The State has defined Recommended Interim Guidelines for Salmon Net Pen Culture in Puget Sound which address such items as: siting, water quality factors (no net pen culture allowed South of Hazel Point - includes Dabob and Quilcene Bays or in Jefferson County portion of Discovery Bay), avoid impacts to habitats, etc. · A Final Environmental Impact Statement has been done by the State for Fish Culture in Net Pens. · National Pollutant Discharge Elimination System Permit is required for net pen projects by the State. · The State Department of Ecology Aquaculture Siting Study provides a visual impact analysis methodology. Jim Pearson then reviewed the proposed changes to the Jefferson/Port Townsend Shoreline Management Master Program -- Section 5.30 - Revised Aquaculture Section: Aquaculture is defined as farming of aquatic organisms. Performance Standards: Includes application requirements that need to be submitted with all aquacul- ture development and what is needed for specific developments. How to deal with more than one application received in the same area. There is concern regarding how to handle applications since there has been a moratorium in place since 1986. Subtidal aquaculture (floating developments seaward of the extreme low tide line) developments should be separated by at lease one nautical mile. Intensive aquaculture developments (net pens) no closer than two nautical miles from Type 1 rivers and streams and no closer than 10 nautical miles for Type 2 (channel at least 20 feet wide and has significant fish use) rivers and streams. Located so as not to materially interfere with navigation. Maximum surface area of floating aquaculture developments shall not exceed two acres. Total height of floating structures shall not exceed six feet. There are also changes to Section 4.10 Aquatic Shoreline Designation and Section 1.20 Purposes (addition of a goal), Section 5.70 Dredging. Jim Pearson then reviewed the project classifications as: Primary - Preferred use in a particular designation. Must meet master program criteria for that type of development. Secondarv - Not automatically preferred, must show will not materially interfere with adjoining uses. . Conditional - Very strictly reviewed. VOL 17 rA~':OO 5 Commissioners' Meeting Minutes: Week of January 7, 1991 Page: 6 Jim Pearson then reviewed Appendix C the Visual Assessment Workbook. He also expressed appreciation for the hard work that the Shoreline Commission put into this document. The hearing was continued until February 11, 1991 at 7:00 p.m. at the Tri Area Community Center. State Environmental Policy Act Review and Threshold Determination; Remove Failed Bulkhead and Construct drift sills on 3 lots and community property at Beckett Point; Cape Geor2e Fisherman's Club and Wilfred Wachter: Wilfred Wachter was present when Jim Pearson reported that this proposal is for damage repair work at Beckett Point. 200 feet of a bulkhead owned by the Cape George Fisherman's Club has failed and the proposal is to remove the bulkhead and construct three drift sills adjacent to the boat ramp, for beach restoration and erosion control. The second part of the proposal is to construct three beach sills toward the point (south side) adjacent to the bulkhead. Commissioner B. G. Brown withdrew from consideration on this project, due to potential conflict of interest, since he owns property adjacent to this site. Jim Pearson then reviewed the environmental checklist. The proposal is to construct sills with rock and gravel (approximately 20 cubic yards) at each site. The work will take place within the waters of Discovery Bay. There are no plants in the water in this area. There are shellfish in the area. The damaged bulkhead (which was about eight feet out from the original wooden bulkhead) will be removed. The proposal will require a hydraulic permit from the State Department of Fisheries. Commissioner Wojt moved to issue a determination of non-significance and lead agency status on this project. The Chairman seconded the motion in the absence of Commissioner B. G. Brown. The motion carried. Tuesdav January 8. 1991: Clarification of Resolution 89-86 Moratorium on Fish Farm Shoreline Permits; Does Moratorium Extend to Proposals for Delayed Release Salmon Enhancement Facilities?: Associate Planner Jim Pearson stated that Wayne Harris of the Pleasant Harbor Marina has been talking with the State Department of Fisheries about installation of a delayed release salmon enhancement facility at the Marina. The DOF has given him permission to proceed with this project. Currently County Resolution No. 89-86 imposes a moratorium on fish net pen project applications (fish farms). Does this moratorium apply to a delayed release facility? Mr. Harris makes the argument that since this type of facility is not a fish farm as defined in the Interim Aquaculture Guidelines issued by the State, it should not be part of the moratorium. Jim Pearson reported that this project would be placed between existing finger piers of the marina and would not cost over $2,500.00; it would not interfere with the public use of the water; and there would be no change in the visual characteristics of the marina, so it would qualify for a Shoreline permit exemption. Commissioner B. G. Brown moved that it is not the Board's intent to make a project of this kind subject to the moratorium imposed by Resolution No. 89-86. Commissioner Wojt seconded the motion which carried by a unanimous vote. JUVENILE AND FAMILY COURT SERVICES Tuesdav January 8. 1991: Lois Smith. Juvenile and Family Court Services Director re: Various Items: Lois Smith explained that she is requesting permission to increase the working hours for the Juvenile Probation Counsellor from 35 to 40 hours per week during the Operation Vßl 1 7 rA~:h 'DO.. :8 . . Commissioners' Meeting Minutes: Week of January 7, 1991 Page: 7 Aware program for the Chimacum and Port Townsend schools. The Board concurred that the hours be increased as requested. The discussion then turned to the Juvenile Services Department space problems and how that will effect bringing on additional staff that was approved in the 1991 budget. CONTRACT re: Youth at Risk Services; State Department of Community Development: Lois Smith reported that last year the legislature approved legislation that deals with Youth at Risk. Funding for certain costs associated with this Youth at Risk legislation (up to $3,500.00 for period of June 7, 1990 to June 30, 1991) will be provided by the State Department of Community Development. If this contract is approved, Lois Smith asked for a budget extension to be allowed to provide services for these Youth at Risk children who need such things as counselling, psychiatric evaluations, etc. Commissioner Wojt moved to approve the contract with the State Department of Community Development for Youth at Risk Reimbursement Program as submitted. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. HUMAN SERVICES Tuesdav. January 8. 1991: CONTRACT re Professional Services for the Human Services Depart- ment; Laraine Dover: Commissioner B. G. Brown moved to approve the professional services contract for Mental Health Counselling for the Human Services Department by Laraine Dover as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. . . . John Heal and Pete Bonyun. Bionomics re: Septa2e Mana2ement: John Heal and Pete Bonyun made a video presentation regarding a method of septage management that uses plants, micro-organisms and animals to process septage and produce clean water. Ted Schulber2. Urban Resource Alliance; Union Wharf Proposal: Ted Schulberg, representing the Urban Resource Allicance, presented the Board with written testimony on the Union Wharf proposal as well as a prepared legal brief which discusses protection of the tidelands. He asked that the Board take a step back and look at their role in protecting the tidelands in this area. Commissioner Dennison stated that the County will probably not be signing an interlocal agreement on Union Wharf because the County's interest in Union Wharf (which is very minimal) will be transferred to the City. The meeting was recessed at the end of the day, and reconvened on Tuesday January 8, 1991 at 10:00 a.m. After the Board met in Executive Session with the Public Works Director regarding personnel the following business was conducted: APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner B.G. Brown moved to adopt and approve the consent agenda items as presented. Commissioner Wojt seconded the motion. The motion carried by a unanimous vote. 1. Application for 1991 Dance License; The Original Oyster House, Discovery Bay 2. Appointments and Re-Appointments to the Alcohol and Drug Abuse Advisory Board: Yvonne Duncan - Three year term. Richard Wojt - Unexpired Term of George Brown (to 1/1/93). VOl. 17 r~r~ '(Jft·7 .-.--- - . . Commissioners' Meeting Minutes: Week of January 7, 1991 Page: 8 Victor Dirksen - Reappoint to a three year term. Jean Camfield - Reappoint to a three year term. 3. Appointments and Reappointments to the Developmental Disabilities Advisory Board: Gregory N. McMillan - Three year term. Richard Wojt - Unexpired term of George Brown (to 1/1/93). Ruth Kerschbaum - Reappoint to a three year term. 4. Appointment to the Mental Health Advisory Board: Richard Wojt - Three year term. 5. Accept Resignation from the Solid Waste Advisory Committee; Jack Hartt 6. RESOLUTION NO. 4-91 re: Setting the Prosecuting Attorney's Salary for 1991 7. RESOLUTION NO. 5-91 re: Budget Transfers; Various County Departments AGREEMENTS. Addendum (2) re: Labor A2reement for the Public Works Department and the Sheriff's Department; Teamsters Local #589: Commissioner B. G. Brown moved to approve the agreements with the Teamsters Local #589 for the 1991 contract wages for the Public Works and Sheriff's Departments. Commissioner Wojt seconded the motion which carried by a unanimous vote. \., \ MEETiNG ADJOURNED , '-"""-WI- JEFFERSON COUNTY BOARD OF COMMISSIONERS VOL , 17 "nri 8 . rA~ U1.L....