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HomeMy WebLinkAboutM040191 MINUTES WEEK OF APRIL 1, 1991 Chairman Dennison attended a Finance Committee meeting at 9:00 a.m. The regular meeting of the Board of County Commissioners was called to order by Chairman Larry W. Dennison in the presence of Commissioner B.G. Brown and Commissioner Richard E. Wojt at the appointed time. Prosecutin2 Attorney Reshmation: Commissioner Brown moved to accept the resignation of Prosecuting Attorney John R. Raymond effective July 1, 1991. Commissioner Wojt seconded the motion which carried by a unanimous vote. APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the Minutes of March 11, 1991 as read. Commissioner Brown seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to adopt and approve the items . on the consent agenda as presented. Commissioner Brown seconded the motion. The motion carried by a unanimous vote. 1. RESOLUTION NO. 24-91 re: Order to Vacate; a Portion of County Road Right-of-Way and Lot Unes Tukey Avenue, Tukey's Addition; Nelda Wythe, Petitioner 2. CONTRACT, Amendment re: Expand Scope of Work to Include Assistance in Preparing a Septage RFP; Paul S. Running & Associates 3. CONTRACT No. 1440-74178, Amendment 6 re; Human Services Community Client Substance Abuse Services; State Department of Social and Health Services 4. AGREEMENT re: On-Site Sewage Management; The Bluffs at Kala Point Buildings 20,21,22 and 23; Kala Bluffs Condominium Association and Kala Point Utility Company 5. RESOLUTION NO. 25-91 re: Proclaiming Washington's Victim's Rights Week in Jefferson County - April 21 to 27, 1991 6. RESOLUTION NO. 26-91 re: Establishment of an Open Space Acquisition Fund 7. AGREEMENT re: 1991 Tourism Services; South County Business Association 8. Re-appointment to the Open Space Advisory Committee; Robert Bundy and Joe Kawamoto - Four year terms. 9. Request for Payment; Second Quarter Allocation from the Hotel/Motel Tax Fund; East Jefferson Visitors Information Center 10. Acceptance of Resignation from the Stormwater Advisory Board; Robin Schrock 11. Appointment to the Stormwater Advisory Board; Jeanmarie Morelli 12.Applications for Assistance from the Soldiers' and Sailors' Relief Fund; Fred W. Dutton $379.00 and Paul A. Anderson $50.00 \ ,."\J 1 \ ~. . 17 r~~,: 00 261. ,. .0- - Commissioners' Meeting Minutes: Week of April 1, 1991 Page: 2 PUBLIC WORKS HEARING re: Application for Franchise to Construct and Maintain a Sewer System; County Roads lyinS! East of the Olympic National Park and Outside the Limits of the City of Port Townsend; Cotton Construction. Inc.: Public Works Director Gary Rowe reported that this hearing is for a franchise application to construct, operate and maintain a sewer system on County road rights-of-way in eastern Jefferson County except within the city limits of Port Townsend. He then reviewed the agency responses as follows: State Department of Health requires that a public entity be the primary management entity to assure on-going maintenance and operation as well as data collection and reporting. Jefferson County PUD #1 opposes the granting of a blanket franchise for sewer facilities as proposed. Public Works Department states that under the present application it is not possible to determine what the bond requirements would be (County Ordinance No. 2-81). The Department does not recommend approval of the franchise until more information regarding the sewer plans and proposed service areas is provided. Plannino Department does not recommend approval of a blanket franchise for the entire County. They also indicated the need for a service area plan. Prosecutino Attornev reports that the Board must find that such a franchise is in the public interest. Franchises are limited to 50 year duration, shall be non-exclusive and are to be removed at the franchisee's expense if the County road becomes a State Highway. Public interest can not be ascertained without specific sewer plans. Phil Broms, President. of Port Hadlock Inn encouraged the Board's consideration of this proposal. Chairman Dennison opened the public hearing and asked for testimony for or against this pro~osed franchise. Bob Leach, Manaoer PUD #1: Bob Leach stated that the PUD is against the issuance of a blanket franchise, but they do support the consideration of sewer system construction in appropriate areas and 'with the appropriate levels of technology. Demetrius Katsikapes, Cotton Construction: Demetrius Katsikapes stated there is a need for a sewer system in the County. There will be a considerable amount of work and cost to go forward with this proposal. If the franchise is approved the areas could be defined, but without a franchise you can't expect someone to put in the amount of money needed to do this type of project. Commissioner Brown asked if this was proposed to be an exclusive franchise? Gary Rowe reiterated that the County cannot give an exclusive franchise. Hearing no further comments for or against the proposed franchise, Chairman Dennison closed the public hearing. Commissioner Brown stated that due to the recommendations of the various County Departments and State agencies, he would move to deny the franchise. Commissioner Wojt seconded the motion. The motion carried by a unanimous vote. David Deal, Consultino Enoineer for Cotton Constructiòn asked that the Board allow Cotton Construction to discuss what they are planning to do with this franchise. Chairman Dennison stated that the Board must deal with the franchise that is before them. Commissioner Brown a~ked Mr. Deal to clarify his question. David Deal asked that the Board not close the door on this application. The applicant should be allowed to respond to the comments made by the State and County departments. Commissioner Brown withdrew his motion to deny the franchise. Commissioner Wojt withdrew his second to that motion. Commissioner Brown stated that if an application is going to be submitted that is more specific, it can be submitted even if this franchise is denied. Chairman Dennison added YO~ 17 fAGf 00 '2saj Commissioners' Meeting Minutes: Week of April 1, 1991 Page: 3 that usually franchise applications are more specific. Mr. Deal responded that the area could be defined more than it was in this application. Commissioner Brown noted that if the area is defined more, a new application could be submitted. This would be as effective as modifying this application. Commissioner Brown moved to table action on this franchise until the applicant has a chance to amend it and bring it back for reconsideration. Commissioner Wojt seconded the motion. BID OPENING re:One 1990 or newer Fiber2lass Hull Outboard Boat.17S hp Outboard Motor and one 1991 Galvanized Sin21e Axle Trailer: Gary Rowe opened and read the bids received at the appointed time: SPEC HOLDERS: BID TOTALS: $30,539.45 including sales tax Jacobsen's Boats and Motors, Seattle $27,189.31 including sales tax Commissioner Brown moved to have the Public Works Department check the bids for accuracy and make a recommendation for the bid award that is to the best advantage of the County. Commissioner Wojt seconded the motion which carried by a unanimous vote. Langley Marine, Inc., Langley Jefferson County 911 Emer2enCY Locator System Ordinance: Gary Rowe reported that changes were made to the Ordinance in response to comments received from the Fire Districts regarding multiple addresses on the same road. Bob Henderson added that the following paragraph was inserted to address the concerns noted by the Fire Districts: "It may be necessary on long driveways containing multiple intersections to place additional identification signs to better facilitate an emergency response. In this event the Public Works Department will work with the local Fire District to determine the number of signs required and their posting locations. When this occurs, the cost of all identification signs shall be the responsibility of the applicant. /I The Prosecuting Attorney has reviewed this change in language and it has been reviewed with Mel Herrod of Fire District #4 in Brinnon. Mel Herrod would still like every driveway to be named. He is willing to go along with this change as presented, however. Commissioner Brown moved to approve and sign ORDINANCE NO. 2..Q401-91 with the changes as recommended to address the public comments. Commissioner Wojt seconded the motion which carried by a unanimous vote. Approval of State Purchase Requisition; 1991 Ford Ran2er Pick Up Truck with Super Cab: This requisition is to purchase a pick up for animal control from the State contract, Gary Rowe reported. Commissioner Brown moved to approve the purchase requisition for a pick u truck as presented. Commissioner Wojt seconded the motion which carried by a unani ous vote. Public Hearin Notic· Hazardous Waste Mana ement Plan: Environmental Planner Jeff Frettingham reported that before the State Department of Ecology can give final approval of the County's draft H ardous Waste Management Plan it must be adopted by the County and the City of Port Townsend. Jeff Frettingham suggested that a public hearing on this plan be scheduled during th~evening to allow for maximum public input. Commissioner Brown moved to s t the public hearing on adoption of the Hazardous Waste Management Plan for 7:00 p.m. n April 22, 1991. The hearing will be held in the Public Works Conference Room. Co missioner Wojt seconded the motion which carried by a unanimous vote. VG1. 1""7 n'='j rM;~ !lJ,;: I 2,00 Commissioners' Meeting Minutes: Week of April 1, 1991 Page: 4 A lication to 0 en Ri t-of- W a · West Fredricks Street· Outside cit Limits in the Industrial AreQ; Allain DeChantal: This application is to open right- of-way on 422 feet of West FredrIcks Street from milepost 0.12 to 0.20. The Public Works Department recommends approv~1 with the following conditions: 1. Right-of-way shall be 10 ated and the centerline staked by a licensed surveyor. 2. A copy of the complete survey shall be filed with the County. 3. Applicant shall construc the road to an overall width of 28 feet from shoulder to shoulder. Bob Henderson stated that this ro d must be constructed to County road standards because it is part of the Glen Cove Trans ortation study area. After discussion of the property and the right-of-way, Commissioner Brown moved to approve the application to open right-of-waG as recommended by Public Works with the conditions as suggested. Commissioner Wojt ,reconded the motion which carried by a unanimous vote. CILITIES MANAGEMENT Discussion of S ace eeds for uvenile Court: Gary Rowe reported that the Juvenile Services Department has indicated that they may need the use of the Purple Room on the third floor. In order to dev lop and design the improvements over the long term, the Department needs to know what ure use is intended for this room. Commissioner Brown stated tha the space that Juvenile Services had designated as Courtroom could be utilized by other department and still meet the Juvenile Services Department's present space nee s. There are alternatives for using that space for both Juvenile Services and the Planni g Department. Frank Gifford added that addressing the long term objectives now will sav 'money in the long run. Gary Rowe reported that the Fa ilities Management Department will be working on some very short term space needs of he Planning Department since they have staff hired and no space for them. The interme iate plan will be to use a portion of the Purple Room for Planning Department staff. The Board of Equalization will be displaced in this move, so they will need to find space for t em also. Lois Smith asked for clarification of what is being planned? Commissioner Brown stated that he doesn't feel that the Pur Ie Room can be made available to Juvenile Services for a Courtroom at this' time. Farm Home Adminis ation Financin2 for Courthouse Roof: Gary Rowe reported that using Farm Home Alministration funds was considered for the Courthouse roof project because these funds are offered at a better rate than bonds and bonding for this project would be expensive. G ry Rowe suggested that the program be financed with existing County funds. He added that this can be done for up to three years and at the end of that time the funds could ge bundled in with funding needed for other projects. This would make the bonding option more reasonable. The requirements placed on the project by the Farm Home Administration are putting the project behind schedule. The Board concurred that the pr ess to use County funds for the Courthouse roof project be started. Re uest for 1m rov, ments at the Multi-Services Buildin· Clallam efferson Communi Action ouncil: Gary Rowe reported that the Clallam Jefferson Community Action Council would like a new carpet installed in their space at the Multi- Services Building. A letter has b en sent to CAC noting that these improvements will be made after the Health Departmen move is completed. VOl 17 rAf;~ O~,1 264 Commissioners' Meeting Minutes: Week of April 1, 1991 NNING AND BUILDING Page: 5 Shoreline Permit #S P90-0013· Construct Pier Ram and Float· Ludlow Point Villa e Division I Lot 21· Fred McLau hlin: Assistant Planner Jim Pearson stated that this proposal is to d velop a pier, ramp and float on Lot 21 of Ludlow Point Village. There are single family residences under construction on Lots 21 and 23. The sewer line has been constructed seaward of the building setback line on the lot which is contrary to condition 15 of the Shoreline Permit SDP88-0016 because vegetation was removed in this area. The site is part of the 56 lot Inner Harbor Village Subdivision. Construction of docks was prohib ted in this subdivision except for on Lots 20 through 22. Jim Pearson then reviewed the ritten testimony, and the sections of the Shoreline Master Program that apply to this permi. ,This proposal is a secondary use in a suburban and aquatic designation. The Inner 1IHarbor project was reviewed under a previous version of the Shoreline Management Mast r Program which did not include Performance Standard 7 (IINew waterfront subdivisions or s ort subdivisions shall make provisions for the establishment of a joint-use moorage facility.'7 r 8 ("Joint-use moorage facilities shall be required for all new residential development unle s the County's investigation demonstrates such facilities are infeasible. ". The Shoreline Co mission has reviewed projects under these performance standards and the policy which d scourages proliferation of docks in this area. Jim Pearson then reviewed the r ommended conditions for approval of this permit. The Shoreline Commission recommen s approval of the permit, however, they did not make a finding that the intent of the non- roliferation policy was met. Commissioner Wojt asked if the dock would have an impact on boats coming into the Inner Harbor? Jim Pearson reported that the three lots that w re given the right to apply for a dock are situated so that there would not be a problem wit navigation if the docks were permitted. Chairman Dennison stated that t e policy is for non-proliferation of docks and there are six on this point. Jim Pearson reite~ted' in response to a question from Commissioner Wojt, that there is moorage available fo boats under 30 feet in length at the Port Ludlow Marina. He also noted that there is an a plication submitted for' a dock on Lot 20. Fred McLauahlin: Fred McLaughlin noted that there are 56 lots being developed and with only three can apply to have doc s on them. He asked if that doesn't control proliferation. Chairman Dennison stated that th re are other developments in the area where docks have been allowed. Mr. Mclaughlin no ed that if the emphasis was to be put on non- proliferation, it should have been noted on all f the lots. He added that when he purchased the property he was told that this lot was one that a dock could be built on. The performance standard that requires joint use facilities w s not written at that time. Mr. Mclaughlin noted that he tal ed at length with Mr. Faust, his neighbor, who has two boats. A 60 foot dock would no give him enough room for his boats, let alone any other boats if a joint use dock were con tructed. Jim Pearson reported that to build a dock longer than 60 feet would require a varia ceo Chairman Dennison stated that the County would like to encourage people to use the arina facility at Port Ludlow. I David Cunningham stated that the non-proliferation issue was dealt with when the subdivision was approved by only allowing three lots to apply for dock permits out of this 50 lot subdivision. The proliferation is ue was taken care of in the restriction on this plat. Commissioner Brown moved to adopt the Shoreline Commission recommendation with conditions and with an additional finding of fact that the proliferation policy has been met by the conditions on Shoreline P rmit 88-0016. Mr. McLaughlin stated that he as no objection to the five recommended conditions of approval on this permit. Commi ioner Wojt seconded the motion. Chairman Dennison called for a vote on the motion. Commissioner Brown and Commissioner Wojt voted for the motion. Chairman Dennison oted against the motion. The motion carried. '.'nr. 11-7' , on fM.~!J . .265' Commissioners' Meeting Minutes: Week of April 1, 1991 Page: 6 Pro osed Revisions to the Shoreline Mana ement Master Pro am A uaculture Section -- Sche olin W orksho s to Consider the Comments and Revisions: Jim Pearson su bmitt~d two letters to the Board regarding the comments received on the proposed changes to the aquaculture section of the Shoreline Management, Master Program. A workshop to review the comments and suggested changes was scheduled for May 21, 1991 at 1:30 p.m. with dditional time on May 23 at 2:30 p.m., if it is needed. Grant A eement t Develo Wetland Policies as Part of Growth Mana2ement; State Department of Ecolo2Y: Jim Pearson reported that a $20,000 grant has been awarded to Jefferson C unty for wetland protection work from the State Department of Ecology. Commissioner Wojt moved to approve the Grant #G0091063 as submitted. Commissioner Brown seconded he motion for discussion. He advised that it should be noted in the grant contract that t ere will not be a wetlands task force. This process will be handled through a public foru . Jim Pearson stated that DOE has been advised of this and agreed that it meets the con itions of the grant agreement. Chairman Dennison called for a vote on the motion. The otion carried by a unanimous vote. Prelimina Plat A roval" Inner Harbor Revised" Port Ludlow ad"acent to Paradise Bay Road; 28 R sidential Lots. 14 Sin21e Family and 14 Zero Lot Line u lex Units" Po e Resources A licant: Assistant Planner Jerry Smith reported that this is a revision f a previously approved project for condominiums. The Planning Commission recommen s preliminary approval of this revised project subject to 17 conditions. The proposal includ s a request for a variance to allow private streets in the zero lot line section of the proje , the elimination of two cul-de-sacs, and the elimination of two foot paved shoulders. The Panning Commission also recommends that the variance be approved. Jerry Smith noted that there ha been on-going concern about vegetation removal in the shoreline area of the Inner Har or. David Cunningham, representing Pope Resources, reported that a letter outlining wh t Pope Resources has done to re-plant the shoreline area has been submitted. The Planni g Commission is requiring notification on the face of the plat regarding the requirement 0 vegetation removal and clearing of these lots. David Cunningham then reviewe the history of this project for the Board. The open space for this project is along Paradise Bay Road and will help buffer the lots from the road. The Fire District required that fire hyd ants be provided within 150 feet of every house and there are turn around bays for emerge cy vehicles, Jim Pearson reported that he h s asked Pope Resources for an assessment of what has gone on with the vegetation man gement in the Inner Harbor area. He noted concern that the property not be sold until the vegetation management conditions are met, which has not been accomplished yet. David unningham reported that a detailed map is being prepared of the vegetation that has been emoved and a plan for re-vegetation will be submitted. . Commissioner Brown moved t approve the preliminary plat with the conditions as recommended by the Planning C mmission. Commissioner Wojt seconded the motion which carried by a unanimous vote. Environmental Revi w & Threshold Determination" Construction of a Re lacement Retail Sales B ildin for Hadlock Duildin Su I" 901 Nesses Comers Road" Morris ames A licant: (Tabled week of March 25,1991) Jerry Smith reviewed the environmental chec list (including pages 7 and 8) for this project to construct a 6,400 square foot retail sales a a and lumber storage yard on the Hadlock Building Supply property. The existing retail sal s area will be converted to a lumber storage area. The proponent has indicated that they will divert stormwater into a dry well on the site. The Public Works Department has i dicated a concern about this, and recommends that the design of the parking area not all w the stormwater runoff to run onto the County road. The Public Works Department will re iew this again under the certificate of compliance for the \.'01 < '"7 On rM,~ c' 266· Commissioners' Meeting Minutes: Week of April 1, 1991 Page: 7 expansion as required by the ,evelopment Code. Jerry Smith reported that the State Department of Ecology has com ented that a dry well should not be used for collection of stormwater. Jerry Smith then reviewed the prøposed mitigative measures: 1. Parking areas be desi91ed and constructed in such a manner that in the event of a stormwater backup, slanding water will not intrude into the county road right-of- way nor adversely affe t adjacent properties. 2. The design of the stor water management system shall include control devices to protect groundwater rom contamination. The stormwater management system shall be approved by he Jefferson County Public Works Department prior to construction. Commissioner Wojt moved to tak this matter off the table for consideration. Commissioner Brown seconded the motion whic carried by a unanimous vote. Commissioner Wojt then moved to issue a mitigated deter ination of non-significance and lead agency status for the Hadlock Building Supply project s presented. Commissioner Brown seconded the motion which carried by a unanimous vo e. Final Short Subdivis on" Nason Short Plat" Includes Amendment of the Irondale Acre Tracts Plat" outh of the Oak Ba Count Park" Gu Nason Applicant: Jerry Smith reporte that this subdivision is a re-plat of one lot of the Nason Short plat and an amendment t Lot 87 of the Irondale Acre Tracts Plat. Commissioner Brown moved to approve the re- lat of the Nason Short Plat as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. Commissioner Wojt moved to am nd the Irondale Acre Tracts as presented. Commissioner Brown seconded the motion whic carried by a unanimous vote. Discussion of Shore e Master Pro ram Amendments for Ocean Uses Utilities etc" - Schedule W rksho with Shoreline Commission: The Ocean Resources Management Act pas ed in 1990 directed the State Department of Ecology to change the Washington Administr tive Code dealing with the Shoreline Program sections that address mining activities. The C's address the outer coast, but the language that deals with utilities would be applicable anywhere along the State's shorelines. The County has contracted with Greg Wadell to ake changes to the utilities, mining, transportation, port and industrial facilities portions 0 the Shoreline Management Master Program. The Board concurred that these draft chang s be taken to the Shoreline Commission on April 17, 1991 for their review. Statement of Cone ence on-Concurrence from Lead A enc to Affected Entit" uilcene a ob Ba s Watershed Action Plan: Commissioner Brown expressed concern about the Ho Canal Coordinating Council guidelines being adopted as stated in Item 30 of this statem nt. Since this same statement was approved previously Commissioner Brown moved t issue a revised statement of concurrence with the Quilcene/Dabob Bay Watershed ction Plan as submitted. Commissioner Wojt seconded the motion which carried by a unlanimous vote. GRANT No" TAX90 94 Amendment #3" Revised Sco e of Work for the 1m lementation of the uilce e abob Watershed Action Plan" State De artment of Ecolo2Y: Commissioner Bro n moved to approve and have the Chairman sign the grant agreement amendment as subm' ed to revise the scope of work for implementation of the Quilcene/Dabob Watershed Action Plan. Commissioner Wojt seconded the motion which carried by a unanimous vote. VOl. 1 7 I'M,; Æ]n ?67 Commissioners' Meeting Minutes: Week of April 1, 1991 Page: 8 Request for Payment; Destination Washin2ton Advertisement; Port Townsend Chamber of Commerce: Commissioner Brown moved to approve the request for payment of half of the cost ($4,083.79) of the Destination Washington advertisement from the Promotion/Community Events category of the Hotel/Motel Tax Fund. Commissioner Wojt seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS ¡ ., r:.,) ATTEST: d~~lJol~ Lorna L Delaney, Clerk of the Board :,''\1 17 . í.7 .,,,r- _ t ~-, 2sa