Loading...
HomeMy WebLinkAboutM012891 MINUTES WEEK OF JANUARY 28, 1991 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. Forest Shomer re: Tree Cutting Alon2 SR20 Outside of Port Townsend: Forest Shomer reported that there is no vegetative buffer left along a piece of property that is located near Frederick Street and Highway 20. He questioned the County's Highway 20 Corridor Policy enforcement capabilities with regard to the buffer required? He asked who cut the trees in the buffer area on this property and if they sold the timber? He noted his two main concerns as: 1) That ¡¡i private party does not profit from State owned trees, and 2) that strip development is not allowed in this area. Public Works Director' Gary Rowe reported that a 30 foot buffer is required beyond the State Highway right-of-way and that this buffer was cleared on the property Mr. Shomer is talking about. He advised that he called the State Department of Transportation to ask if they gave permission to the property owner for the removal of this timber. He has not had an answer from the State yet. There is no record of a proposal being submitted to the County for the development of this property and the fallen timber is still sitting on the property. The 12 miles of Highway 20 leading into Port Townsend is one of the best sections of all of Highway 20 for wild flowers, Forest Shomer added. He noted that this section of the highway is also one of the few that is not sprayed by the State for vegetation management. The discussion turned to the County's policy on leaving a buffer along the Highway and enforcement of that policy. BUSINESS FROM COUNTY DEPARTMENTS HUMAN SERVICES '. , Human Services Administrator Ella Sandvig met inexecutÎ"e session with the Board regarding a personnel matter. · '1 CONTRACT #1-90-26213 (B). Amendment re: Substance Abuse Prouam Fundin2; Washin2ion State Department of Community Development: Commissioner Brown moved to approve the amendment to the contract with the· State Department of Community Development for funding the Human Services Department substance abuse programs as submitted. Commissioner Wojt seconded the - motion which carried by a unanimous vote. Vat", 17 ~ ! r....· rH' ': ,00114"" ,~ '""Ir Commissioners' Meeting Minutes: Week of January 28, 1991 Page: 2 January 30. 1991: CONTRACT #2490-7485. Amendment #2 re: Developmental Disabilities Pro2ram Fundin2; Washin2ton State Department of Social and Health Services: Commissioner Brown moved to approve and have the Chairman sign contract amendment #2 for funding changes in the Human Services Developmental Disabilities program as presented by the State Department of Social and Health Services. Commissioner Wojt seconded the motion which carried by a unanimous vote. PUBLIC WORKS Call for Bids; Hi2h. Volume Duplex Copier with accessories and on site maintenance; for the Health Department: Gary Rowe reported that this call for bids is for a copier for the Health Department, as approved in the 1991 budget. Commissioner Brown moved to approve the call for bids and set the bid opening for Tuesday February 19, 1991 at 10:30 a.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. AGREEMENT. Supplement #2; for Phase 2 Inteuated Data Mana2ement System; Economic and Enwneerin2 Services: This supplement to the Agreement with Economic and Engineering Services allows for an extension of the work on Task 2 of phase 2 for the integrated data management system, Gary Rowe reported. This supplement will increase the agreement amount by $12,000.00. Commissioner Brown moved to approve Supplement #2 to the .agreement with Economic and Engineering Services, Inc. as presented. Commissioner Wojt seconded the motion. The motion carried by a unanimous vote. Initiatin2 CR0953: Chimacum Road milepost 0.8 to 0.35: This project is included in the annual road program, Gary Rowe reported. It is for road improvements on the portion of Chimacum Road which runs from the Port Hadlock intersection to the Chimacum intersection. The project is estimated to cost $260,000.00 with $184,160.00 in rural arterial funds. Commissioner Brown moved to approve Resolution No. 10-91 initiating CR0953 as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. TREASURER Treasurer IIa Mikkelsen re: Discussion of Loan to Port of Port Townsend: Treasurer lIa Mikkelsen reported that the Port of Port Townsend needs to borrow $150,000.00 for a period not to exceed 90 days. If they borrow from any institution they will have to go through the bonding process which is costly. The Current Expense fund can issue an interest bearing warrant to the Port District for these funds. The Board concurred that it is in the best interest of the County for the Treasurer to issue an interest bearing warrant in the amount of $150,000 for a period not to exceed 90 days. The Port District will be charged the interest that the County would have received on this money for the time the warrant is held plus a quarter of a percent handling fee. PLANNING AND BUILDING State Environmental Policy Act Review and Threshold Determination; Construction of a Pier and Float with a Sin2le Family Residence; Hood Canal South of the Duckabush River; Carl Bauer. Applicant: This single family residence is located on Lot 4 (Tax 24, Parcel #502213017) of Johnson's Short Plat #2 south of the lVOl 17 fAr,! 00 11S:· Commissioners' Meeting Minutes: Week of January 28, 1991 Page: 3 Duckabush River on Hood Canal, Associate Planner, Jim Pearson reported. The proposal is to build a pier and float in conjunction with a single family residencé. A Shoreline permit is not required, but a hydraulic permit from the State Department of Fisheries is required. Jim Pearson then reviewed the environmental checklist. Commissioner Brown moved to issue a determination of non-significance and lead agency status on the Carl Bauer proposal as presented. Review of Comments Received on the DNS Issued to Remove Failed Bulkhead and Construct drift sills on 3 lots and community property at Beckett Point; Cape Geor2e Fisherman's Club and Wilfred Wachter: Jim Pearson reported on the comments received on the Determination of Non-Significance issued for a bulkhead repair project at Beckett Point. The Chairman excused Commissioner Brown from this deliberation because he owns property in this area. Jim Pearson noted that the project is to remove a bulkhead (up to the boat ramp) and to build three beach sills which will aid the re-establishment of a normal beach in the area. The consultant on this project is Wolf Bauer, who has made a life long career of studying beaches. The sills, Mr. Bauer feels, need to be built so that the County road will not be put in danger during the re-building process. Jim Pearson then reviewed the comments received: The Audubon Society submitted a letter asking that a long range review be done of the area. Jim Pearson reviewed the letter and discussed it with the Audubon Society and they are now satisfied that all their concerns are being met. Lou Morello, a resident of the area, submitted a letter which expressed concern that anything done on this part of the beach will undermine the other bulkheads located farther down the beach (near his property). Jim Pearson discussed Mr. Morello's letter with Wolf Bauer and reported that the drift sills are built below the substrate to give stability to the area without trapping materials moving in the water. The materials are allowed to move through the drift sills and fill in the beach. The information provided by Mr. Morello is about "groins" which trap materials and can undermine bulkheads. Drift sills are not like groins. The State Department of Ecology commented on procedural matters involved with the permit. The question now is if more information is needed, and if the information Wolf Bauer has given regarding the comments received is sufficient, Chairman Dennison stated. Commis- sioner Wojt moved to extend the comment period to allow the Board time to review more information on Wolf Bauer's work on this kind of project. Chairman Dennison seconded the motion which carried by a unanimous vote. HEARING re: Emer2ency Exception to the Jefferson County Development Code; To Continue Operation of the Shotwell Gravel Pit; Hastin2s Avenue and Cape Geor2e Road; Lakeside Industries. Apl¡)licant: Deputy Prosecuting Attorney Mark Huth explained to the Board and eight interested area residents, that Lakeside Industries is requesting another temporary emergency exception to the provisions of the Jefferson County Development Code to allow crushing and stockpiling gravel at the Shotwell pit. The Shotwell pit is located at the intersection of Hastings Avenue and Luck Road. Attorney Doug Hartwich, representing Lakeside Industries, explained that the property involved is the old Shotwell Pit off Cape George Road. The pit was opened around 1979 on a 30 acre tract. Lakeside Industries brought their asphalt plant into this site annually from 1980 to 1989 to produce asphalt for jobs in the area. Lakeside Industries purchased the pit in 1990, but they did not realize at that time that they had to apply for an operating permit from the County. The company had committed toa number of jobs and applied for an emergency exception to allow the work to be completed. Lakeside worked with the neighbors (the Breskin's) at that time. The crushing operation at that time was contracted out and the sub-contractor had a rock crusher which was quite noisy. A new crusher will be used on the site. . VOl 17 fMì~ 00 116, Commissioners' Meeting Minutes: Week of January 28, 1991 Page: 4 Doug Hartwich further stated that a couple of jobs came up for bidding earlier than was anticipated which is why this emergency exception is being requested for the period from May to September. This exception, if granted, would be under the condition that Lakeside will pursue a conditional use permit for the site or provide the necessary information to have the operations at the site "grandfathered" under the Development Code. A noise reading was taken when the asphalt plant was in operation earlier this year and the noise level met the State requirements. Since the operation has been shut down, the berms have been built up, Mr. Hartwich added. Right now the entrance into the site is right across the street from the Breskin's. They plan to move the entrance, move the crushing machinery farther back on the site and hook up permanent power. All of these items should make the operation, less noisy and more compatible with the surrounding area. Granting this emergency exception will allow the company to bid two jobs that are coming up. George Peabody corrected Mr. Hartwich by noting that the asphalt plant was taken out of the site in 1985, but they continued to remove crushed rock that was stockpiled on the site. The crusher that will be moved into the site is an impact crusher. All the crushing is done in an enclosed system with water to keep the dust and noise down. They will also pave the interior haul roads to keep the dust down. The jobs that Lakeside would like to bid on are the overlay project on Highway 104 and a Navy job on Indian Island. The reason the time frame for the emergency exception is so long is that a firm date on the paving times for these jobs has not been established. The asphalt plant would be in operation 25 working days for the Highway 104 project and approximately 5 working days for the Indian Island job. About 40 working days of crushing would be required for these two jobs and that would include enough time to crush a stockpile of material also. Commissioner Wojt asked how much water the crusher uses? George Peabody stated that it uses about 9,000 to 10,000 gallons per day. The water evaporates due to the heat generated by the crushing operation. Doug Hartwich added that the state noise standards require that the noise level be no more than 80 db at the property boundary. Mike O'Neil, Assistant Director of Safety for Lakeside Industries, stated that the new crusher should produce no more than 57 db at the Breskin's property line. The generators on the old crusher were making most of the noise. Commissioner Wojt asked if the crushed gravel could be stored as an additional berm? George Peabody responded that it could be stored in that manner. Chairman Demlison opened the hearing for public comments. Carter Breskin: Carter Breskin stated that one thing that's always been confusing in this matter is when the asphalt plant did and did not operate. It was operating in 1985. She stated that the noise readings are also in question. She and her husband did go with representatives from Lakeside Industries when noise measurements were taken. But these readings were not taken by an independent third party, and that should be taken into consideration. Joe Breskin: Joe Breskin stated that he would submit a prepared statement. He added that acoustical consultants are available who can predict with a great degree of accuracy where sound is going to go. As far as grandfathering Lakeside's use of this site, Mr. Breskin noted that he submitted a chronology of the use of the site which differs from the one submitted by the project proponents. If this project is allowed to escape from participation in and compliance with the Development Code process (grandfathering it as an existing use) the County will lose control. If this business is grandfathered as a pre-existing use it will be governed by "Best Management Practices II instead of by the SEPA process. Chairman Dennison asked if the issue today is grandfathering? Mark Huth reported that only the request for an emergency exception is to be dealt with today. Joe Breskin asked at what point the approval of a succession of emergency exceptions constitutes continuous operation? If this use of the site is grandfathered, the County is likely to end up accepting the liability for any damage done to the environment at this site. He then noted that he would be willing to consider endorsing this emergency exception if Lakeside would be willing to enter into a binding contract that they would drop the issue of grandfathering forever. Marlee Yourish: Marlee Yourish stated that she lives opposite the 30 foot berm that is on this site. Last summer the noise levels on her property were significant. This area is . VOl 17 rAfJ 00 .1:1.7' Commissioners' Meeting Minutes: Week of January 28, 1991 Page: 5 designated as Suburban/residential and several five acres pieces have been sold over the last year. It can be assumed that people will be developing homesites on these properties in the future. Before the County considers grandfathering this use of the site, the long term implications of having a plant like this in the middle of a residential area, should be explored. She added that her recollection of the operations at this site are significantly different than those of the project proponent. She added that another concern with an asphalt plant, is the storage of diesel fuels and materials used in making asphalt. People use the area for target shooting and that increases the possibility of an accident. Since the County is currently developing a resource development plan, it seems Ms. Yourish added, premature to consider grandfathering this plant at this site. The crusher was operated in the past, from 4 or 5 a.m. to 11 p.m. George Peabody stated that when the crusher was on this site last year, the loader that was used had no muffler and it was very loud. The crusher contractor was operating two shifts every day, he cut that back when the Breskin's contacted the County. Joe Breskin: Mr. Breskin stated that Lakeside Industries has very little to lose in the event that the decision on this request is postponed entirely. Sam Swanson: Sam Swanson stated that he owns a gravel operation in Hadlock. He stated that all the County has to do is make sure that this operation meets .the State noise standards, determine operating hours and pollution standards. He stated that if the County grants a permit and Lakeside feels that they can meet all those standards, then he doesn't see where anyone would be hurt by this. The public would lose money if Lakeside has to truck this rock or asphalt from a tremendous distance for these projects. Marlee Yourish: Ms. Yourish ask if this exception is being requested for these two projects only? Chairman Dennison responded that he thought that the exception is being requested for a period of time. Mark Huth asked when the requests for proposals on these projects were received? George Peabody stated they were received in January. The question, Mark Huth noted, in the case of an emergency exception, is if there is a "bona fide" emergency that is not due to a lack of foresight on the part of the applicant. The last emergency exception granted ended on October 31, 1990. This means that any time between October 31 and today, Lakeside could have, and probably should have, come forward with a request for either a conditional use permit or declaratory judgement from the Board that this site was indeed grandfathered and wouldn't require any action by the County under the Development Code for continued operations at the site. Mark Huth stated he feels that this probably isn't a bona fide emergency. The last time an exception was requested, contracts were already bid and Lakeside didn't know about the possibility of the Development Code being applied to this area. Mark Huth added that he hasn't heard reasonable grounds for granting an emergency exception stated today. Doug Hartwich responded that there are two types of emergencies. Lakeside was in the middle of a contract that had to be fulfilled when the first emergency exception was granted. The nature of this business is that you don't know when proposals will come forth. Chairman Dennison asked why Lakeside didn't take any action to deal with the long term solution to this issue? Doug Hartwich stated that he doesn't feel that period of time was all that extraordinary under the circumstances. George Peabody added that this is being called an emergency exception because the County Ordinance doesn't have any provision for a temporary operation of this type. Mark Huth asked if there is some other information that would make this situation more of an emergency than it sounds like it is now? Hearing no further comments Chairman Dennison closed the public hearing. Commissioner Wojt asked about the materials that are stored on the site? George Peabody stated diesel fuel and AR4000 (the material heated to make the asphalt) are stored on site. The AR4000 coagulates very rapidly when it is not heated but the diesel fuel could leak into the soil. vm. 1 7 fVr on .1.18 ·' Commissioners' Meeting Minutes: Week of January 28, 1991 Page: 6 Commissioner Brown stated that he would like more information on the legal aspects of this request before he would feel comfortable in making a decision on this request. Commissioner Brown moved to table action on this request until 2:00 p.m. on February 4, 1991. Commissioner Wojt seconded the motion which carried by a unanimous vote. Ron McConnell re: Hearin2 Examiner Workshop: Planning and Building Department Director, David Goldsmith, introduced Ron McConnell, a consulting planner who acts as a hearing examiner for several jurisdictions in Washington State. Ron McConnell then explained how the hearing examiner process works. He noted that he recommends that the Hearing Examiner work for the County Commissioners and not be a part of the Planning Department. David Goldsmith reported that Mr. McConnell will be meeting with the Planning Commission this evening to discuss this process. Crai2 Ward re: Discussion of Growth Mana2ement Task Forces: Senior Planner, Craig Ward reported that two models for public involvement in the surveying, classifying and designating of resource lands and critical areas as required by the Growth Management Act have been proposed: 1) establishing Task Forces, and 2) using a Technical Committee to provide the framework and then holding a series of public meetings for input on the policy issues. Craig Ward asked the Board how they want to proceed? Chairman Dennison stated that he feels the difference in the two proposed processes is that one is exclusive and the other is more inclusive of public input. Both processes depend on facilitation and information to be workable public processes. The end result of either process is the same because there will be public hearings held on the final product. Commissioner Brown expressed the following concerns: 1. The County has a deadline for this work. 2. Meeting the deadlines will be hard under either option. 3. The risk that people's interests won't be represented will be there under either alternative. 4. There are cösts involved in both alternatives. He added that his perception when this process was started was that Task Forces would serve as the public process. Now some of the same people who wanted Task Forces now feel that the Task Force idea won't serve as a public process. Craig Ward reminded the Board that the public meeting process will mean that the staff will have to interpret what is said at the meeting and pass that on to the Board for their consideration. Commissioner Wojt moved that the public forum based process be used. Commissioner Brown seconded the motion. Craig Ward reminded the Board that a budget appropriation will be needed for a facilitator at these forums. Chairman Dennison 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 adopt and approve the items on the consent agenda as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. 1. Transfer of Uquor Ucense;. Village Store, Quilcene 2. AGREEMENT and Request for First Quarter Allocation re: 1991 Hotel/Motel Tax; East Jefferson Business Club 3. Applications for Assistance from the Soldiers' and Sailors' Relief Fund; Hall Rent $240.00 Brinnon VFW Post #10706 Robert Spafford $444.06 for Electric Bill 4. AGREEMENT re: Program Funding for 1991; Clallam Jefferson Community Action Council 5. Request for Payment $625.00; Coastal Counties Coordination Project . Val 17 rAf,r on 119' . . , . " . Commissioners' Meeting Minutes: Week of January 28, 1991 Page: 7 The Board met in Executive Session regarding a personnel matter with Dan Rice, Gardiner Community Center Board of Directors and then they met in Executive Session with Assessor Jack Westerman regarding personnel. The meeting was recessed after these executive sessions. On Wednesday January 30, 1991 the meeting was reconvened with all members present. The following business was conducted. Establishin2 a Chan2e in the Maintenance of Benefits Section of the Union Contracts for the Public Works and Sheriff's Departments with Teamsters Union Local 589: Commissioner Brown moved to approve and sign Resolution No. 11- 91 to allow a change in the "Maintenance of Benefits" Sections of the Teamsters Union Contracts for the Sheriff and Public Works Departments as negotiated with the Union Representatives. Commissioner Wojt seconded the motion which carried by a unanimous vote. \ \ \ ' , '\_:~..,-"Ôo-"'''''-",'i MEÈTIþJG'" AÐdG~f'NçD I', ... h , .' . . -~-., '" "', . . . ",' '..1f . · '~.. J " ..,"~<" -"'''~i~ , --~.." 'iO. ~~ ~- \. . ~ ...., 1 ,. :I ' '< ..'" -,þ':.. \1)' # ,- \ : -'~-, ~\):.'\- ,~1~:*; ~ ..~ ~ ~ .., t..... .. .Pc ""... ,_ . , l\' 4-:. J' .' £. ' ·\t 0..... ..."....... ,/ / .:.\! '. j t" ... /, . .' ,. "",..'" ..., :" .. ·...··L~,~. ."~/. - ~,~- . ·-s,~ ~. '~'k -~ ¿ ..... , - J- A TTES¥< 9 s ;) ~ \.:) '/ ' . - ~.. ~........--~¥",. JEFFERSON COUNTY BOARD OF COMMISSIONERS tf~~ QJJ~ Clerk of the Board (j VnI .. . 17 .-. " r~r:r nn 1,20' : l~ ~...