Loading...
HomeMy WebLinkAboutM050691 (, t ",. or; ~~ .. ' ~ MINUTES WEEK OF MAY 6, 1991 The meeting was called to Order by Chairman Larry W. Dennison in the presence of Commissioner' Richard E. Wojt. Commissioner B. G. Brown was out of town at a conference. HEARING re: Budaet Appropriatlons/Extensions Various County Departments: Five interested residents were present when Chairman Dennison opened the public hearing on the proposed budget appropriations/extensions being requested by the Health Department in the amount of $7,804.36; the Planning and Community Development Department in the amount of $7,000.00; and the Port Townsend Community Center Fund in the amount of $75,000.00. Health Department Administrator David Specter reported that the half time receptionist position being requested by his department will not receive benefits. AI Boucher: AI Boucher questioned the use of the word 'excessive' by the Planning Department in reference to their publication costs. They are required to publish legal notices. Chairman Dennison noted that this was their choice of wording. Hearing no further comments for or against the proposed appropriations/extensions Chairman Dennison closed the hearing. Commissioner Wojt moved to approve Resolution No. 39- 91 ordering the budget appropriations/extensions are requested. Chairman Dennison seconded the motion which carried by a unanimous vote. Mary Phillips re: Reauest for Waiver of Fees for Community Museum in Quilcene: Mary Phillips reported that the Presbyterian Church in Quilcene is celebrating its' 100th anniversary. The church has a surplus annex building they have offered to donate to the Quilcene community to be used for a museum. This museum would be different from the one planned by the Historical Society and the DNR. The non-profit Quilcene Historical Museum organization will be doing this project. Mary Phillips asked that the County waive their fees which may total as much a $1,000 for the building to be moved to a donated site and for the necessary change of use permit for the project. Chairman Dennison stated that County policy is to charge fees, even for non-profit organizations, however, there may be another way that the County can help. Mary Phillips stated that the building has to be moved in July to the new site so a change of use permit is required and must be done by June. Chairman Dennison stated that he will check into this request further and report back to Mary Phillips. . \fl": '! l·!. 17 , l' - r" .' oo~ 387 i It ~ Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 2 APPROVAL OF MINUTES: Commissioner Wojt moved to approve the March 18 Minutes as corrected and the March 25, April 1, and April 8, 1991 Minutes as read. Chairman Dennison seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to delete Item lIb" from the consent agenda and to adopt and approve the rest of the items as presented. Chairman Dennison seconded the motion which carried by a unanimous vote. a. MEMORANDUM OF UNDERSTANDING re: Working Agreement for Planning; Quinault Indian Nation, Grays Harbor County and Jefferson County b. DELETED ITEM -- RESOLUTION re: Revising A County Project Designated as CR0749; Reconstructing Upper Hoh Road from Milepost 0.32 to Milepost 1.80 c. Human Services Request for Additional Special Checking Account at Great Northwest Bank for the IIProtective Payeell Clients; Mental Health and Substance Abuse Programs d. Request for Payment of Second Quarter Hotel/Motel Tax Fund Allocation; Jefferson County Historical Society e. Accept Resignation of Ruth Colleen Crowell from the Developmental Disabilities Advisory Board f. Applications for Assistance from the Soldiers' and Sailors' Relief Fund: Donald H. Ash $300.00 and Larry B. Wells $500.00 g. CONTRACT re: Purchase of One 1990 or newer Fiberglass Hull Outboard Boat, 175 hp Outboard Motor and one 1991 Galvanized Single Axle Trailer per Bid Award April 15, 1991; Langley Marina, Inc. h. HEARING NOTICE re: Proposed Open Space Ordinance; Set for May 20, 1991 at 2:00 p.m. i. Grant Application; Health Department Interagency Coordinating Council; State Department of Social and Health Services BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS Call for Bids: Supplying Public Works with Uauid Asphalt for 1991 : Commissioner Wojt moved to approve the call for bids setting the bid opening for May 20, 1991 at 11:00 a.m. for supplying the Public Works Department with Uquid Asphalt for 1991. Chairman Dennison seconded the motion which carried by a unanimous vote. HEARINGS re: 1) Changing the Names of Certain Platted Roads in Paradise View Estates Addition. 2) Changing the Name of Beach Drive Abutting Oak Bay Waterfront Tracts Addition and. 3) Changing the Names of Certain Platted Roads in Oak Bay Waterfront Tracts Addition: 911 System Coordinator Bob Henderson explained that these road name changes are being proposed because the names are exact matches to other established County road and private road names. Currently there are no addresses issued off of any of the roads proposed for a name change. The road in the Paradise View Estates Addition is an unopened County Road called Willow Street. There is another Willow Street on the Coyle Peninsula. In the Oak Bay Waterfront Tracts there is an Alder Lane. The other Alder Lane is in the Snow Creek Estates with six or seven addresses assigned from it. Beach Drive is a mess, Bob Henderson noted. On the southern portion of Marrowstone Island is the Fuller's Acres Plat which includes a road named Beach Drive. This is the road name that the residents and the emergency services use, but the Official County Road Log doesn't list the road as Beach Drive. The Beach Drive in the Oak Bay Waterfront Tracts Addition is a road adjacent to the Plat and is listed on the 911 system and known by the residents by a different name, possibly Beach Way. Chairman Dennison opened the hearing for comments for or against these proposed road name changes. David Woodruff. 371 South Bav Way. Port Ludlow: Dave Woodruff read and submitted petitions with 61 signatures of area residents opposed to renaming these roads (Alder Way val 1""7 nn 3aB , rÞ.í;~ u.... ' .. ,, . Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 3 and Beach Drive). Chairman Dennison asked if everyone understands why this action is being proposed? Bob Henderson reported that everyone he has contacted understands the reasons for the proposed changes. Dave Woodruff explained that the residents understand the reason for the change. There are no addresses and probably will never be any addresses on those streets. This means that there will probably not be any confusion for the 911 system. There is sentimental value to these names. Chairman Dennison asked if Mr. Woodruff understands the County's alternative if these names are not changed? Mr. Woodruff stated that he understands that the County would have to change the addresses of the residents along the other roads with the same names. He added that the residents are not happy with the choice of names presented as alternatives (Lombardy Lane and Aspen Road). Chairman Dennison asked if there is a potential for addresses to be issued off of these roads? Bob Henderson stated that there is that possibility. Chairman Dennison reiterated that the County is trying to clean up the 911 system. The name conflicts happened before there were computers and a 911 system to point out problems. These changes are being suggested for health and safety reasons. Dave Woodruff stated that the residents who signed the petition understand what the County is asking and their reasons for it, but they don't want these names changed. He thanked the Board for starting the hearing at the advertised time. R. J. (Bob) Marsh, 160 West Maple, Port Ludlow: Bob Marsh asked that Willow Street be vacated. There was a vacation petition submitted in 1988 for this road which was not approved because of the water line. He stated he would be willing to petition again to have this right-of-way vacated. The petition would be for a righ~-of-way 30 feet wide by 1,200 feet long. An easement could be provided for the water line. Gary Rowe stated that he would have to check the records for the issues that were identified in the previous vacation request. Paul Havward, Resident of Oak Bay Area: Paul Hayward stated that he now understands the need for these proposed road name changes. He asked that the Board consider changing only part of the road name, such as Alder Lane, etc. Chairman Dennison noted that he appreciates the suggestion, but the County tries to stay away from duplication in any portion of a road name. The problem is that in an emergency when a person calls 911, they may only be able to get the first part of the road name out. Mr. Hayward then suggested Alderwood Lane as a alternative. Chairman Dennison repeated that the changes were suggested for these roads because there are currently no residences with addresses on them. He added that the Public Works Department should work with the residents to suggest names that will work better for the community. Mr. Hayward added that the maps of reco~d and street signs will have to be changed and then asked for the minimal change necessary to meet the needs. Dave Woodruff suggested Fuller's Beach Drive, Beach Way, or Red Alder Lane. Mr. Hayward asked that if the County proceeds with a name changes that the street signs be . changed immediately. Dave Woodruff asked if the names suggested could be submitted to the neighborhood group for their input. Bob Henderson stated that he would ask the residents to suggest new names. Hearing no further comment for or against these proposed road name changes, Chairman Dennison closed the public hearing. Commissioner Wojt moved to table action on this request to allow time for the Public Works Department to work with the community to come up with acceptable names. Chairman Dennison seconded the motion which carried by a unanimous vote. HEARING re: Application for Franchise: To Construct. Operate and Maintain a Pressurized Effluent Transport Pipe on County Road Rights-of-WaY: Olele Point Road Adlacent to Tracts 44 and 45 and Lots 10. 11. and 12 of the Plat of Olele Point: Tom & Barbara Hermsen. Applicants: Eileen Simon, Public Works Administrative Secretary, reported that this franchise request is to install and operate a pressurized effluent transport pipe in the right-of-way of Ole Ie Point Road adjacent to Tracts 44 and 45 and Lots 10, 11, . VGl 1 7 rAG~ 00., 389 " t. . ommissioners' Meeting Minutes: Week of May 6, 1991 Page: 4 nd 12 of the Plat of Olele Point. epartments: ublic Works: a) Minimum line depth of 30 inches shall be maintained where the line crosses Olele Point Road. b) A construction bond shall be provided in the amount of 150% of construction costs. c) A surety bond in the amount of $6,000 to run duration of franchise shall be provided to the County. d) A utility installation permit is to be obtained from the Public Works Department prior to commencement of any work. ealth: No objection to the franchise provided standard engineering practices are followed which include: a) A minimum of 10 feet of horizontal separation be maintained between the water and sewer line. b) Crossings should be made at as nearly a right angle as is practical and the sewer line shall be placed a minimum of 18 inches lower than the water line. There should be no joints in the sewer line within ten feet of any crossing. and Buildin De artment: No objection to the franchise which is consistent with County Comprehensive Plan. She then reviewed the responses from County ary Rowe reported that the Vacation Ordinance has a section that states "at the discretion f the Board of County Commissioners the bond requirement may be waived if it is etermined that the grantee has financial resources adequate to fulfill the obligation of the ranchise." Deputy Prosecuting Attorney Mark Huth reported that other franchise holders have sed an "Assigned Savings" account in lieu of the surety bond. arbara Hermsen A licant Barbara Hermsen asked if the $6,000 would be available to the ounty if the franchise holder failed to perform? Chairman Dennison stated that the construc- ion bond assures the County that the project will be completed. The surety bond is to rotect the County for an.y future problem with maintenance of the system. Gary Rowe dded that the franchise holder is required to make necessary repairs, but if they fail to make he repairs the surety bond would be used for that purpose. rbara Hermsen asked about the 10 horizontal feet of separation from the water line. Is the ocation of the water line known? Gary Rowe reported that the location of the water line ould have to be determined by a Public Works inspector and the contractor before onstruction is begun. hairman Dennison opened the public hearing for comments for or against this proposed ranchise. eslie Donovan: Leslie Donovan stated that he and Mr. Durgan are working on a community ater system in this area that will utilize the water main being discussed. The water main s approximately 12 feet from the center of the road. Since the water line is pre-existing is here a grandfather clause for its' present position? Chairman Dennison stated that the water ine will not have to be moved. ark Huth, Deputy Prosecuting Attorney, stated that the 10 foot separation between the water ine and sewer, line will have to be maintained according to State Law. Gary Rowe reported hat the Hermsen's request is to place the sewer line on the edge of the right-of-way, which 11 have to be determined by inspection of the area. Chairman Dennison added that the ater line will have to be located and then the sewer line will have to be placed 10 feet away om it. Gary Rowe added that anywhere that the two lines cross each other, the separation ill have to be 18 inches. fter discussion of the position of the water line, the sewer line and a well in the area, hairman Dennison noted that these issues will be dealt with when the permits are issued, nd the technical issues will be dealt with in this proceeding. Mark Huth stated that where he pipeline is coming from, going to and why, needs to be on record because the franchise ust be in the public interest. ileen Simon reported that the sewer effluent line is proposed to cross Olele Point Road etween Lots 10 and 11 of the Plat of Olele Point and to run approximately 600 feet outhwest adjoining Tract 44 and 45 of that Plat. Mark Huth asked the applicant where the ine will end? Barbara Hermsen stated. that the line will end at a single family residence VGl 1 7 rAGE 00 390 .. .. . Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 5 drainfield located on Lot 45. The line is going from the proposed residence site (on the waterfront side) across the road to acreage the applicant owns on the other side of the road. Mark Huth stated that it is in the community health interest to have a properly functioning septic system for a residence. Hearing no further comments for or against the proposed franchise, Chairman Dennison closed the public hearing. Commissioner Wojt moved to approve the franchise based on the findings of fact and conditions proposed by the Public Works Department and to allow that either a $6,000 surety bond for the life of the franchise or collateral that is acceptable to the Prosecuting Attorney in the same amount, be chosen by the applicant. HEARING re: Application for' Franchise: To Construct. Operate and Maintain a Two Inch Water Une on County Road Rights-of-Way: Southerly Right-of-Way of Olele Point Road Adlacent to Tract 44 and along Tract 45 to Where the Water Une Crosses OlelePoint Road to Provide Service to Tract 16 and the Northwesterly 20 feet of Tract 17 of the Plat of Olele Point: J. Leslie Donovan and Craig & Gladvs Durgan: Eileen Simon reported that this request is for a 2 inch community water line in the southerly right- of-way of Olele Point Road adjacent to Tract 44 and along Tract 45 to where the water line crosses Olele Point Road. The water line will provide service to Tract 16 and the northwesterly 20 feet of Tract 17 of the Plat of Olele Point. She then reviewed the responses from County Departments: Health No objection to the franchise provide standard engineering practices are followed which include: a) A minimum of 10 feet of horizontal separation be maintained between the water and sewer line. b) Crossings shall be made at as nearly a right angle as is practical and the water line shall be placed a minimum of 18 inches higher than the sewer line. c) There should be no joints in the water line within ten feet of any crossing. Public Works: a) A minimum line depth of 30 inches shall be maintained where the line crosses Olele Point Road. b) A construction bond shall be provided in the amount of 150% of the construction cost. c) A surety bond in the amount of $12,300 shall be provided to the County. Should the applicant enter into a maintenance agreement for maintenance of the water system with a municipal body such as Jefferson County PUD, this bond may be waived. d) A utility installation permit is to be obtained from the Jefferson County Public Works Department prior to commencement of any work. PlanninQ & BuildinQ Department: No objection to the franchise and the application is consistent with the Comprehensive Plan. Gary Rowe stated that since the water line is existing there is no estimate of the construction costs. The system will serve two residences. Chairman Dennison opened the public hearing. Leslie Donovan: Leslie Donovan stated that he doesn't see any financial hazard to the County that would require a maintenance bond in the amount suggested. He feels it is inappropriate to require that high a bond amount. Chairman Dennison explained that the $12,300 is a bond to cover maintenance in the future. Mark Huth stated that there is an alternative that the applicant may enter into a Maintenance Agreement with the Jefferson County PUD #1 then the bond can be waived. The PUD, Gary Rowe reported has several alternatives for providing this service for the water system. Leslie Donovan asked that the bond requirement be waived. Gary Rowe noted that this bond requirement can be waived if the grantee has financial resources to fulfill their obligation under the franchise. Chairman Dennison stated that the problem is the grantee having the financial resources in the future. Lou Schwartz: Lou Schwartz stated that he doesn't understand the problem. If there is a break in the water line you go down and turn the switch off. Mark Huth responded that the . VQ~ 1 7 rAG~OO _ 391 "."fIJ;;+ _II!" '.- .... ~, . Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 6 problem is when there is a slow leak that causes erosion that damages the County road. When that happens the appliCant may not even live in the area any longer. Barbara Donovan: Barbara Donovan asked for the rational for the difference in the amount of surety bond required for the water line· and sewer line? Gary Rowe reported that a rate of $10.00 per foot is assigned for the maintenance surety bond. Mark Huth asked if the Fire District had been consulted about fire protection of the residences? Mrs. Donovan stated that there is one residence on this water system. Gary Rowe responded that the Coordinated Water System doesn't have fire flow requirements for single family residences. Hearing no further comment for or against the proposed franchise, Chairman Dennison closed the hearing. Commissioner Wojt moved to approve the franchise based on the findings of fact and conditions suggested by the Public Works Department to allow that either a $12,300 surety bond for the life of the franchise or collateral that is acceptable to the Prosecuting Attorney in the same amount, be chosen by the applicant. AGREEMENT #CCCC2358 re: Intergovernmental Cooperation: Utter Pick UP Crews: State Department of Corrections. State Department of Transportation. Jefferson County. Grays Harbor County. Town of Forks: Gary Rowe reported that this agreement has been revised from the one that was approved previously. The revision included a limit on the amount that Clallam County will spend. Commissioner Wojt moved to approve the agreement as submitted. Chairman Dennison seconded the motion. The motion carried by a unanimous vote. GRANT AGREEMENT TAX91182 and Statement of Compliance for Grant re: Waste Reduction and Recycling Public Information and Education State: Department of Ecoloav: Gary Rowe reported that this grant will provide $19,365.00 for public education for waste reduction and recycling as required by the County's Solid Waste Management Plan. Commissioner Wojt moved to approve the Grant agreement and the Statement of Compliance as submitted. Chairman Dennison seconded the motion which carried by a unanimous vote. Discussion of Placement of the Recycle Bins in Brinnon: The Brinnon Seniors of Brinnon have provided two suggestions for the placement of the recycle bins in Brinnon, Gary Rowe reported. However, the Brinnon School has said that they would like to have these bins placed on the school grounds. Gary Rowe will work this out with the school. Bid Awardre: One (1) Used 10 Yard Dump Truck: Gary Rowe reported that after checking the bids received, the Department recommendation is to award the bid for a used 10 yard dump truck to Far West Truck Sales in Blaine for a 1984 Kenworth in the amount of $39,400.00. Commissioner Wojt moved to award the bid as recommended. Chairman Dennison seconded the motion. The motion carried by a unanimous vote. FACIUTIES MANAGEMENT: CONTRACT re: Grant IIIAC-91-050A: Phase 1 Property Acauisition: Olympic Discovery Trail ProJect: Interagency Committee for Outdoor Recreation: Gary Rowe reported that the grant for this project was approved by the lAC last year but this contract was not received by the County until February. The grant expires June 30, 1991. It is in the lAC's budget for extension into the next biennium. The Parks Advisory Board recommends that the County approve the grant contract. Commissioner Wojt moved to approve the Grant Contract with the lAC as presented for the Olympic Discovery Trail Project and to designate Jefferson County as Lead Agency for the project. Chairman. Dennison seconded the motion which carried by a unanimous vote. ! VOl 17 fAC~ ,00.. 392 I . " CÞ ~ t t Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 7 CONTRACT re: Personal Services: Gibbs Lake Master Plan: David Valbracht: This contract, Gary Rowe reported is for preparation work on the Gibbs Lake Master Plan. The contract is for $5,000.00. Commissioner Wojt moved to approve the personal services contract with David Valbracht as presented. Chairman Dennison seconded the motion. The motion carried by a unanimous vote. AGREEMENT re: Architectural Services: Coyle Community Center: d' Arch Corporation. P.S.. Architects: Frank Gifford reported that this contract with d'Arch Ar- chitects has been reviewed and approved by the Prosecuting Attorney's Office for design work on the Coyle Community Center. The schematic has been done with the Park & Recreation District Board. Commissioner Wojt moved to approve the contract as submitted. Chairman Dennison seconded the motion which carried by a unanimous vote. ReQuest from Quilcene Community Center for Maintenance EQuipment: Frank Gifford reported that as soon as maintenance equipment used in County' facilities needs to be replaced, the older equipment will be recycled to the Quilcene and Tri Area Community Centers. This equipment is still good for lower use areas. The Board then met in Executive Session with Public Works Construction Engineer Bruce Laurie and Deputy Prosecuting Attorney Mark Huth regarding potential litigation. PLANNING AND BUILDING HEARING re: Proposed Omnibus Ordinance: Amending Various Other Ordinan- ces Affected by the Jefferson County Hearings Examiner Ordinance No. 01-0318-91: Associate Planner Eric Toews reported, regarding a comment from Lois Twelves, that the language suggested by her would not change the intent of this ordinance. Chairman Qennison opened the public hearing for comments for or against the proposed Omnibus Ordinance. Eric Toews reported that the Hearing Examiner ordinance was reviewed to determine what other ordinances would be affected by it and the changes to those ordinances were all put in this proposed Ordinance. The ordinances which need changes are: Jefferson County Development Code Ordinance 3-89; Subdivision Ordinance 1-75; Road Vacation Ordinance 3-85; and the Camper Club Ordinance 3-80. The portion of the Development Code which deals with referrals was changed so that only referrals on non-classified activities are left to the Planning Commission. All other referrals will be done by the Hearing Examiner. Eric Toews concluded by' noting that the section of the Hearing Examiner Ordinance which gives the Examiner the power to hear appeals from the Shoreline Administrator has not been addressed in this ordinance because the Shoreline Management Program must be amended as prescribed by State law. That will be done at a later date. David Goldsmith, Director, Plannina & Buildina Department: David Goldsmith stated that this Ordinance does not define how items will be handled during the transition time between when the Planning Commission stops reviewing new projects and the time when the Hearing Examiner is hired and is ready to proceed. This transition definition needs to be added to the ordinance. The Planning Department staff will provide the transition language. Hearing no furth~r comment for or against this proposed ordinance the Chairman closed the hearing. Commissioner Wojt moved to table action on this ordinance until wording to deal with the transition is provided. Chairman Dennison seconded the motion which carried by a unanimous vote. , Val 1 7 rA~~ 00 393 - ~ \ . Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 8 State Environmental Policy Act Review and Threshold Determination: Olympic Vista #LL2-91: Division of 95 Acres into 16. Five Acre Tracts: 1/2 Mile East of Dabob Bay on the Toandos Peninsula: Morgan Bryant (Tabled March 18. 1991): Jerry Smith reported that the environmental review of this large lot subdivision on the T oandos Penin- sula was tabled by the Board on March 18, 1991. Since that time the proponent has divided two of the larger lots making a subdivision of 18 lots instead of 16. The issue in March, Jerry Smith added, was the incomplete reforestation of the property as stipulated in the Forest Practices Permit. A proposal for reforestation prepared by a Forest and Timber Consultant hired by Mr. Bryant was submitted. If this proposal is acceptable to the Board the SEPA review can be completed, Jerry Smith noted. Commissioner Wojt moved to bring the SEPA review and threshold determination for the Morgan Bryant large lot subdivision (#LL2-91) off the table for consideration. Chairman Dennison seconded the motion which carried by a unanimous vote. Jerry Smith then reviewed the revised project which addresses two other concerns: 1) traffic safety due to access onto the Coyle Road and, 2) wetlands on some lots. The revised project provides driveways off an internal roadway system. All of the wetland areas are to be identified on the map (Lots 3, 6, 11 and part of Lot 1) and 50 foot buffer areas be established and shown on the survey map. Jerry Smith then reviewed the proposed mitigative measures to deal with these concerns. Deputy Prosecuting Attorney Mark Huth asked if this property was subject to a Forest Practices Permit and if conversion was noted on the permit? Morgan Bryant answered that the Forest Practices permit was issued about seven years ago. He added that the property has been replanted. Mark Huth stated that if the prior owner indicated on the permit that it wasn't going to be converted there could be a problem because this subdivision is con- sidered a conversion. Even if the property is reforested, the reforestation must be allowed one growing season before conversion can be done. Mark Huth asked for a copy of the Forest Practices permit. Morgan Bryant stated he has a copy of it but doesn't know where it is right now. Mark Huth added that since Mr. Bryant has reforested the land and submitted a checklist, they have in effect met the conditions of the conversion harvest plan. John Schulz. Forest and Timber Consultant for Mr. Brvant, reported that the reforestation plan has been accomplished. The area except for about 20-25 acres (which would exclude wetlands) are stocked with alder. Of the 20-25 acres identified from the regeneration exam, the majority were replanted as of Saturday May 4, with 5,000 Douglas fir trees. He recom- mended to let the Alders grow to mature trees and to re-plant the non-stocked areas with Douglas Fir. This is what has been done. Chairman Dennison reiterated that the requirement is that the re-forestation go through a complete growing season to determine whether or not the trees are viable. Mark Huth suggested that the Board review the Forest Practices permit before making a decision on this threshold determination. Commissioner Wojt moved to table action on this Threshold Determination until' the Forest Practices Permit can be reviewed. Chairman Dennison seconded the motion which carried by a unanimous vote. HEARING re: Application for Plat Vacation: Lot Une Between Lots 20 and 21. Division 8. Bridgehaven: Wayne Lewis. Applicant: Associate Planner Jerry Smith reported that this petition is to vacate a lot line between Lots 20 and 21 of Division 8 of the Bridgehaven Plat. Wayne Lewis owns both lots and has a home on Lot 20. He is' requesting this lot line vacation to create a single lot that is 150 feet by 120 feet. Jerry Smith reviewed the findings, agency responses, testimony, conclusions and the Planning & Building Department recommendation. He noted that· the vacation would not affect lot access. The Bridgehaven Division is subject to restrictive covenants that are on record at the Auditor's Office. This lot line vacation is not contrary to these covenants. Chairman Dennison opened the public hearing. Vo.l 17 fAGf 00 3M " Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 9 Mr. Hass, Bridaehaven Community Club: Mr. Hass asked if Bridgehaven can collect the assessments for two lots if the lot line is vacated? Deputy Prosecuting Attorney Mark Huth stated that the County could not make a condition to require Mr. Lewis to pay the two assessments because such a condition couldn't be enforced. Wayne Lewis: Wayne Lewis stated that he wants to place his drainfield on one lot and not allow it to be sold as a separate lot. Mark Huth suggested that Mr. Lewis work out the assessment situation with the Bridgehaven Community. Mr. Hass stated that if Mr. Lewis will agree to pay the assessment on two lots, then the Bridgehaven Community would have no objection to this lot line vacation. Barbara Just stated that there have been similar situations in Bridgehaven and the County lists the lots as two lots even though the lines have been vacated. Mark Huth reported that the Assessor keeps the description as it was originally for historic purposes. Chairman Dennison asked about the alternative suggested by Mr. Majhan's comment which was if it would be easier and cheaper to require Mr. Lewis to burden one of his lots with a drainfield easement? Mr. Lewis reported that he was already required to do that. Chairman Dennison closed the hearing. Commissioner Wojt moved to table action on this matter until such time as an agreement about the payment of the assessment on two lots can be worked out between Mr. Lewis and the Bridgehaven Community. Chairman Dennison seconded the motion which carried by a unanimous vote. State Environmental Policy Act Review and Threshold Determination: Water Svstem to Provide Water for ApproximatelY 150 Connections: Woodland Hills: Eagle Eye Inc.. W.E. Seton. Applicant (Tabled on April 22. 1991): Commissioner Wojt moved to bring the environmental review and threshold determination of the water system project for Woodland Hills off the table. Chairman Dennison seconded the motion which carried by a unanimous vote. Jerry Smith reported that the Board has asked the staff to investigate whether the County has the authority to ask for review of cumulative impacts from this project and if such a review could be considered as a non-project review. He added that this project does not fit the definition for a non-project review which is for plans, policies or zone changes. He noted that the State Department of Ecology feels that cumulative impacts analysis of a project can be handled by the County on a case by case basis. This is a local jurisdiction determination. Deputy Prosecuting Attorney Mark Huth advised that he was contacted about this matter by Jerry Smith and by Mr. Seton's attorney, Bart Irwin. As a water line it is categorically exempt under SEPA Rules 197.11.800 subsection 24 (utilities), unless the project comes under Rule 197.11.305 which states "if a proposal fits within any of the provisions of Part 9 the proposal shall be categorically exempt from threshold determination requirements,. . . except if it is not exempt under ,197. 11.908 (Environmentally Sensitive Areas) . . or the proposal is a segment of a proposal that includes a series of actions physically or functionally related to each other, some of which are categorically exempt and some of which are not. " This project does not have any environmentally sensitive areas on it according to the maps currently used by the County, Mark Huth reported. The only other action taking place with this project is the creation of the large lot subdMsion which is a land use decision which is probably categorically exempt, so this project would be exempt under these provisions. Mark Huth continued that the only other provision that may apply, is ". . . a series of exempt actions that are physically, or functionally related to each other and that together may have a probable significant adverse environmental impact in the judgement of the agency with jurisdiction." The Board would be the agency of jurisdiction under the County's SEPA Ordinance. To determine that a threshold determination is needed the Board must decide if this provision would apply to this project. Chairman Dennison stated that he brought this question up because this project was reviewed as a large lot subdivision containing 40 lots and the water system proposed is for roughly three times as many lots. Since this may be the only point at which the County can look at Val 1 7 f'AGF 00 395 I .. ~ .. Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 10 the cumulative impacts for such a build out, Chairman Dennison asked the Planning Department to review this matter further. Chairman Dennison stated that he feels it is pertinent to have information provided on what the maximum density could be based on the design of the water tank and system and what impact that density might have on traffic and stormwater runoff. Mark Huth reported that Mr. Seton has provided a stormwater analysis done by NTI Engineers. Commissioner Dennison asked if there is a covenant on the subdivision lots which state that there will only be one dwelling per 2 1/2 acres on these lots? Gene Seton advised that there is no such covenant. Another man stated he is an owner of a lot in the subdivision and the agreement is that each five acre lot can be divided into up to four lots: Gene Seton stated that not every lot will be divided to that degree. To include John Nesset's subdivision on this water system is not something that should be considered. Chairman Dennison explained that all he is asking is for information on the impact on the environment of the full density build out possibly happening in the Mure. Gene Seton suggested that an ordinance be written to address run off from residential lots when the building permit is issued. He continued by noting that he envisions 100 houses on that subdivision in the next twenty years, and the everything in the subdivision was based on that estimation. Chairman Dennison stated that no environmental review was done on this subdivision because it was finished before the Large Lot Subdivision Ordinance was passed. Mark Huth stated that the decision before the Board is whether this project is categorically exempt and will have a probable adverse environmental impact. He stated that he doesn't feel that the Board has enough information on what the impacts from a full build out of the water system might be. Scott Brownina stated that he currently has a house that is under construction on this subdivision. He knew that these lots could be divided when he purchased the property. He added that Mr. Seton should be allowed to continue with construction of the project. He asked what Chairman Dennison would guess the environmental impact will be from 60 additional homes? Chairman Dennison responded that if he knew he wouldn't have to ask for this information. There will be taxes paid on the properties in the Mure but there are serious questions about whether those taxes will cover the capital costs that will be required from these impacts. Mr. Seton's project has already paid for impacts to forty lots, but what happens when the number of lots doubles or triples? Bart Irwin. reDresentina Eaale Eye, Inc.: Bart Irwin stated that the County had many opportunities to require an Environmental Impact Statement on this subdivision. An EIS could have been required at the time the roads were deeded to the County. A deed was given to the County for the mutual benefit of the residents and the County and an EIS could have been required then. Mark Huth reported that when the County accepts a road there is no mechanism that allows the County to require an EIS. Mr. Irwin stated that .the categorical exemption rules being referred to today could have been used at that time to require an EIS. He then asked what other scope of activity beside storm drainage and traffic, the Board would like to have more information on? Mr. Irwin asked that the Board table this matter for two weeks to allow time for the project proponent to provide this information. Scott Brownina asked that a decision be made on the original 40 lots so that Mr. Seton can continue building. Mark Huth stated that this may cause Mr. Seton more problems. Bob Leach. Manaaer, Jefferson County PUD #1 : Bob Leach stated that he is in favor of the Board giving Mr. Seton approval as Mr. Browning suggested. The same system will be built for 40 connection as will be built for 150, 200 or 500 connections. The mains were put in the ground to support fire flow, at the request of the developer, who anticipated that some very expensive homes would be built in the area. The other physical constraint is the elevation that the reservoir has to be built to in order to provide legal pressure to the services. Whether there are 40 connections or 150 the physical structure is identical. VOl. 17 rM,~ 00 396 - ., . Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 11 Roland Raymond, PropertY Owner in Woodland Hills: Mr. Raymond stated that too much of a delay will have a serious impact on his plans for building. Not having water makes it much more difficult to build and can have a serious cost impact on him. Commissioner Wojt asked Mr. Seton when he would start building if approval was given today? Gene Seton stated that he would begin tomorrow. He added that if there are only 20 houses built the facilities will have to be the same. The reservoir could have been built as a steel structure which wouldn't have required any review. The system was planned the way it is because, it is planned to provide a backup for Kala Point. In response to a question from the Chairman, Scott Browning stated that a two week delay would cost him money. Roland Raymond stated his concern is that this review will go on and on. Bart Irwin added that when the County receives the information it is asking for and if it is found that the project is not categorically exempt, then the project could be conditioned. Phil Broms stated that he supports Mr. Irwin's suggestion that the Board table the matter for two weeks to allow the applicant to provide the information requested. Commissioner Wojt moved to table the decision on whether this project is categorically exempt until May 20, 1991. Chairman Dennison seconded the motion which carried bya unanimous vote. Appeal of Conditions on a Forest Practice Permit Application #FP02-11219: Lot 1 Twig~s Short Plat (Opposite Old Fort Townsend Road): Dale Brady: Dale Brady is appealing the conditions on a class IV Forest Practice Permit, Jim Pearson reported. The property is Lot 1 of the Twiggs Short Plat on the southwest corner of the intersection of Highway 20 and Old Fort Townsend Road. This property is not within the Highway 20 Corridor. Conditions were placed on the permit by the Planning and Building Department which included leaving a buffer. Mr. Brady states that the requirement to leave this buffer will not allow him to use the property for the proposed purpose. Chairman Dennison asked if Lot 1 of the Twiggs Short Plat will be used for residential or industrial purposes? The conversion statement said that the property would be sold for residential purposes. Dale Brady answered that this lot will be where the septic system for the adjacent industrial park will be installed. On the whole 18 acres this was the only place that meets the requirements for a septic system. Chairman Dennison asked why the buffer would be a problem if a septic system will be placed on this site? Mark Huth added that the trees would have to be cut for the installation of the mound system that is approved for this lot. Chairman Dennison asked if Mr. Brady could leave trees in areas where the mound system doesn't require their removal? Chairman Dennison suggested that the Planning Department work with Mr. Brady to develop a plan for the buffer area on this lot. Jim Pearson reported that the condition is a minimum of a 50 foot buffer along all public and private road rights-of-way. Commissioner Wojt moved to table action on this request to allow the Planning Department to work with Mr. Brady on an acceptable plan for the buffer area on the Lot and to allow the Board time to make a site inspection. Chairman Dennison seconded the motion. Jim Westall. Skookum Jump Rope Company re: County Support of a Block Grant Application to the State Department of Community Development: Jim Westall explained that Skookum Jump Rope Company will be applying for a Community Services Block Grant next year to build a facility that will be used, for testing handicapped children in the County. The grant application is due next April for funding in 1992. Economic Development Council Director, Bart Phillips, stated that the County is the recipient of thefgrant. The DCD will be releasing planning funds for the first time this year. Val 17 rAr~ on 397 · " Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 12 Deputy Prosecuting Attorney Mark Huth re: Presentation of Findinas and Order on Reauest for Emergencv Exception to the Provisions of the Jefferson County Development Code: Lakeside Industries: Deputy Prosecuting Attorney Mark Huth stated that Lakeside Industries has drafted an order along with findings of fact to grant this emergency exception as requested at the last meeting on February 4, 1991. He then reviewed the proposed conditions and reported that Lakeside has applied to have a determination made by the County of whether their operation is "grandfathered" under the Development Code. If it is determined that it is not a grandfathered use they will apply for a Conditional Use Permit. He concluded by stating that the proposed findings of fact and order meet all the requirements to allow the County to grant the emergency exception. Joe Breskin stated that he feels the proposed conditions are only marginally enforceable. He submitted a list of concerns and made suggestions to make the permit enforceable. Joe Breskin's concerns were then reviewed one by one and the following changes were agreed upon by him and George Peabody, representing Lakeside Industries: · "Actual operation of the rock crusher and asphalt plant, exclusive of preparation to operate, shall be maintained only on weekdays between the hours of 7:00 a.m. and 4:30 p.m. " Joe Breskin feels this is a problem because "weekdays" is not defined. Mark Huth asked George Peabody if Lakeside works on holidays such as the 4th of July or Memorial Day? George Peabody answered that they have never worked on a holiday unless instructed by a contractor because of urgent need. Some language is needed, however, to allow work on a holiday if required by a contractor. It was agreed that they would leave the broad wording of the condition with the understanding that if there is a legitimate emergency that requires work on a holiday, approval would be given if documentation is provided. · "Preparation to Operate" Joe Breskin questions what can reasonably be expected in the range of activities this term could cover. George Peabody explained that this is normally a half an hour before the shift begins to give employees time to prepare. After discussion of ways to define this time more adequately and the past practices when breakdowns have occurred, George Peabody suggested that wording be added that repairs could be made on weekends or holidays but the machinery could not be tested on a weekend or holiday. The testing could then be done at 6:30 a.m. on Monday during the preparation time. Mark Huth noted that the wording added is "actual operation of the rock crusher and asphalt plant, exclusive of preparation to operate which may begin at 6:30 a.m., shall be maintained only on Monday through Friday exclusive of holidays between the hours of 7:00 a.m. and 4:30 p.m. Testing of the equipment shall not occur on weekends or holidays." Joe Breskin and George Peabody agreed with this wording. · "Noise Testing" Joe Breskin's concern with the wording of the proposed condition is that it includes the phrase lion a date to be determined, II which seems to limit the testing to one time. Mark Huth added that since Lakeside is going to pay for the testing they are concerned that the County not run up a huge bill. After discussion of the possibility of continuous noise monitoring at the site, Joe Breskin stated that the County should have its own noise monitoring equipment with someone trained to use it. George Peabody asked that the number of times noise monitoring will be done be determined or that the wording be left the way it is. Joe Breskin stated that the real problem with regard to noise is the difficulty of respond- ing to a violation. There is no mechanism provided in this permit for reviewing Lakeside's performance in complying with the State noise standards. Commissioner Wojt asked what would be done when noise monitoring indicated that the noise levels were exceeded? Would the County shut the operation down? George Peabody stated if the operation was exceeding the State limits he would expect that the operation would be shut down. Mark Huth suggested that the monitoring be tied to the County receiving a complaint in writing. Chairman Dennison added that the monitoring is to be done more than once. Commissioner Wojt suggested that Lakeside continuously monitor the noise on this 1 '7 : u - r" ~ , 398 ,'-,,<\j 'ql;, -101 ~ r . .. Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 13 site themselves. Joe Breskin reported that a large number of businesses consider pollution monitoring and mitigation a cost of doing business. Chairman Dennison suggested monitoring be done three times a month. George Peabody stated that he will check into doing continuous monitoring at the site, but if that is done he asked if the County would dispute the results if their random noise sampling showed something different? Commissioner Wojt stated that this monitoring would be to the company's advantage. If the- company monitors on a continuous basis· then they will know when to look at changing their operation. The discussion, continued regarding continuous noise monitoring and if it could be used in this type of application. Mark Huth stated that the issue is if the County will shut the operation down if there are one or two complaints? The County's response to the first complaint would be to ask Lakeside to cut down on the noise. If more complaints were received then the County may shut the operation down. Mark Huth suggested the following changes ". . . on dates to be determined at its discretion, without notice to Lakeside Industries, noise monitoring . . . Lakeside shall reimburse the County for no more than three tests per month in accordance with a mutually approved contract for such services." · Hold Harmless Clause: Joe Breskin suggests that the proposed Hold Harmless clause is deficient because it doesn't allow for Lakeside to agree not to sue the County if the County shuts them down. Mark Huth stated that this type of agreement would be illegal and not in the public interest. Mr. Breskin's other point is about mitigation or remedy of significant environmental damages consequential to Lakeside's activities at Shotwell pit, which may be discovered long after the expiration of the permit. Mark Huth disagreed with Mr. Breskin's comment on this matter. The current Hold Harmless clause covers this situation. Joe Breskin stated he is comfortable with this clause, since Mark Huth has explained its intent. · "Failure to Comply" Mark Huth stated that he doesn't want to spell out the penalties because that would limit the County in their actions. The proposed wording means the County can do something short of revocation. It allows the County to do whatever is best suited to address the problem. He advised that this wording be left opened ended to allow the County to tailor the remedy to the violation. Mark Huth reported that he will have the document revised and put on next week's consent agenda. Final Twelves Short Plat: Subdivision of Two Lots: Southern End of Mar- rowstone Island: Lois Twelves: Jerry Smith reported that this short plat consists of 4 1/2 acres being divided into two lots. The variances requested have been granted by the County. All of the conditions of approval have been met and all required agencies have signed off on the plat: Commissioner Wojt moved to issue the final approval for the Twelves Short Plat. Chairman Dennison seconded the motion. The motion carried by a unanimous vote. Final Pierce Short Plat; Subdivision of Two Lots: Adjacent to the Intersec- tion of Gardiner Beach Road and the Old Gardiner Highway: Beverl~ Pierce: This is a two lot short plat at the intersection of Gardiner Beach Road and the Old Gardiner Highway, Jerry Smith reported. Commissioner Wojt moved to issue final approval on the Pierce Short Plat as submitted. Chairman Dennison seconded the motion. The motion carried by a unanimous vote. State Environmental Policy Act Review and Threshold Determination re: Shoreline Exemption to Construct an 8 x 20 Foot Dock"on Lake Leland: Bill and Kay Auvil: Jim Pearson reported that this is a project to construct an 20 foot by 8 foot pier on Lake Leland adjacent to a residence. The cost of the dock is estimated to be under $2,500.00 and would be exempt from the Shoreline Permit process. Jim Pearson explained VGl 1 7 rA~~ 00 399 I L_-;.__ 'Y""""" II! . I . .' Commissioners' Meeting Minutes: Week of May 6, 1991 Page: 14 that he has asked the Auvil's to submit information on the costs for construction of this dock. He then reviewed the environmental checklist and explained that there is an Osprey nest within a quarter of a mile of the site. Commissioner Wojt asked if there is a proliferation of docks on the Lake? Jim Pearson reported that there is not. Commissioner Wojt moved to issue a determination of non-significance and lead agency status for the, Auvil's project. Chairman Dennison seconded the motion which carried by a unanimous vote. The meeting was recessed for the evening after the Board met in Executive Session with Planning & Building Department Director David Goldsmith regarding a personnel matter. The meeting reconvened on Tuesday morning with Chairman Dennison and Commission Wojt both present. After meeting with the Public Works, Planning and Health Department staff and with Human Services Director Ella Sandvig the following business was conducted: Approval of tentative agenda for Employee Appreciation Week (September 16 to 20. 1991): The Board concurred that the tentaJive agenda for Employee Recognition Week be approved as submitted. Assessor Jack Westerman and Assessment Operations Manager Jeff Chapman re: Reauest for Funding of a Map Copier for the Assessors Office: Jack Westerman, Assessor, and Jeff Chapman, Assessment Operations Manager, came before the Board to request that a copier be purchased through the Equipment Rental and Revolving Fund which will allow the office to make copies of maps. The Assessor's Office receives approximately 25 requests per day for map copies. The only machine capable of making these copies is loCated downstairs in a back room of the Public Works Department and is not easily accessible. They then reviewed the specifications for the type of copier needed for this work. Jack Westerman reported that the cost of the copier and the supplies can be recouped by charging for the map copies. The Board concurred that bid specifications and a bid Cåll be prepared for the purchase of a copier by the Equipment Rental and Revolving Fund for use in the Assessor's Office. Revising A County ProJect Designated as CRCÞ749: Reconstructing the Upper Hoh Road from Milepost 0.32 to Milepost 01.80: Commissioner Wojt moved to approve and sign Resolution No. 40-91 revising County Road Project CR0749 as requested by the Public Works Department. Chairman Dennison seconded the motion which carried by a unanimous vote. Applications for Assistance from the Soldiers' and Sailors' Relief Fund: Kerrv J. Davis and Crala Marley: Commissioner Wojt moved to approve the applications for assistance from the Soldiers' and Sailors' Relief Fund as submitted for Kerry J. Davis in the amount of $156.91 and Craig Marley in the amount of $495.00. Chairman Dennison seconded the motion which carried by a unanimous vote. "'...DO..."..··,. /J "\ 1 V C al.~ ,_c . \,__" _,_":" " ," f ,J. /"" l ,....' ',".. ~- .~".>:, . " /\~'~. -- ,-'," " " -, , - i ~~ r·. ~.¡ r ';, ~\-1\c .~~~.:L\: iJ" ','~~~ ~ ~~{ .~_:....:r;!:-'£.,;.,'~,";,'.'.-"~"', ',1,,' ~. - ,:. -, _," , /" " ;"l.,i~' :~'::Z::·~::<:-itì .. : ,- -. - /7"- -: :"'. .4i "'ii-' ...., ~,' -."'" ---, ;,._-\~, ::" ;...~~"',. ~~.t~.~-t- '~~. :¡ .: ....~ \ ~ .),~, ~~-" ....;¡¡ __~ I, .." _-'- ___::"--. ATTEST: ,'.. -~".;.. - ~Ad!~ Lorna L. Delaney, ~/ Clerk of the Board <r JEFFERSON COUNTY BOARD OF COMMISSIONERS vaL 1 7 UG~ 00', 400