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HomeMy WebLinkAboutM090991 (. MtNUTES WEEK OF SEPTEMBER 9. 1991 The meeting was called to order by Commissioner B. G. Brown In the absence of Chairman Larry W. Dennison. Commissioner Richard E. Wojt was present. Appointments to the Gardiner Community Center Board of Directors: Commissioner Wojt moved to appoint Nell Muggoch, George Hernandez and Dick Stuart to each serve a three year term on the Gardiner Community Center Board of Directors. Their terms will expire September 3D, 1994. Commissioner Brown seconded the motion which carried by a unanimous vote. Appointments to the Storm Water Mana2ement Advisory Board: Commissioner Wojt move to appoint Claire Morelli to serve an unexpired term (Expires July 16, 1992) and Gary Winberg to a three year term (Expires September 8, 1994) on the Storm Water Management Advisory Board. Commissioner Brown seconded the motion which carried by a unanimous vote. Sally McDole. Cooperative Extension Chairman/A2ent and Dr. Bob Butler. Washin~ton State University re: Water Quality Pro2l'"am: Sally McDole Introduced Dr. Bob Butler of Washington State University. Dr. Butler reported that the regional water quality program has been funded for two more years by the State and the Puget Sound Water Quality Authority. The program will be a Cooperative Extension Program at the end of that period. An agreement is required from each County that Is Involved In this regional program. The water quality programs were discussed and the need for coordination of all of these programs In each County. Plannin2 and Buildin2 Department Director. Crai2' Ward re: Public Involvement Coordinator Salary and Position Description: Craig Ward presented an organizational chart for the Planning Department. He recommended that an Assistant Planner position whIch will have an emphasis on public Involvement, be advertised. If this positIon Is opened then the Planning Clerk position will no longer be necessary. The Board concurred that this be done. '..;-~ 17 rA~ 00 10~9 Commissioners Meeting Minutes: Week of September 9, 1991 Page: 2 Russ Laase. Chief Financial Officer. Clallam-JetTerson Community Action Council re: Rental Fees at Port Townsend Community Center: Russ Laase, Chief Financial Officer and Peter Simpson, Director, of Clallam-Jefferson Community Action Council came before the Board to discuss the rental fees for the Community Center spaces used by the Senior Nutrition and Head Start programs. Russ Laase reported that CAC had budgeted $4,000 for the rental of the Community Center spaces. The bill for the rent was just received from the County and It was $18,500.00. Russ Laase reported that they can afford to pay the $3,900 for the rental of the nutrition site, but only $2,000 of the Head Start bill. Next year they could pay the rent for the nutrition space of $3,900.00 and $7,500.00 for the Head Start space and then the following year they would be able to pay the full rental amount. Russ Laase reported that the budget for CAC Is done In May and the rental figures have not been available at that time. The contract for the next Head Start program school year was just received and Is for the same amount as last year. Commissioner Brown asked CAC to put their request In writing for the Board's consideration. HEARING re: Intention to Sell SurolusCounty Personal Property: Commissioner Brown opened the public hearing on the Intention to sell surplus county personal property. Hearing no comments for or against the County's Intention to declare this personal property surplus and to sell It, Commissioner Brown closed the public hearing. Commissioner Wojt moved to approve RESOLUTION NO. 89-91 determining that certain County personal property be declared surplus and that an auction be set for September 28, 1991 at 10:00 a.m. at the County Road Maintenance Shop In Port Hadlock. Commissioner Brown seconded the motion. The motion carried by a unanimous vote. lBUS~NESS f~OM COUN1Y DEPA~1MEN1S: PUBLIC WORKS Bob Minty. Emerszency Services Coordinator re: Special Events Permit for the Ouilcene Fair: Commissioner Brown read a letter from the Qullcene Fair Board requesting a waiver of the Insurance requirement for the Qullcene Fair events on Saturday September 14, 1991. Bob Minty reviewed the parade route which Is on State Highway 101. The rest of the activities take place on the school grounds. The parade will assemble and disassemble on a County road, and the County road will be crossed by people attending the logging show. A Reno night and dance will be held on the County's Community Center grounds. Commissioner Brown asked If there are any different activities previous years? Bob Minty reported that the only difference Is that the logging show will not be held on the High School football field. Commissioner Wojt moved to waive the insurance requirement for this year only and to approve the special events permit as submitted. Commissioner Brown seconded the motion which carried by a unanimous vote., Request to Use County Road for FiIminsz Television Commercial; Sieszel Nelson Films: Bob Henderson, 911 Coordinator, reported that a request was received from Siegel Nelson films to use the Dosewallips Road for filming a VC( 1 7 rAG~ 00 1070 -,#,~L_~- -ill ¡It' _!]I ;~~,~. ;aj.i';'- 4'~-' Commissioners Meeting Minutes: Week of September 9, 1991 Page: 3 television commercial from September 17 to 21, 199.1. The company Is faxing a copy of their Insurance coverage for this use. This company has used County roads In the past for this type of filming project. The County currently has no perm It fee for th Is type of use. Commissioner Brown stated that the Inconvenience to County residents must be minimal. He suggested that the company be required to have a County employee on site, at the film company's expense, during the filming to assure that no car Is held up more than 3 to 5 minutes. Bob Minty reported that he Is not available on those dates. Later In the day: After talking with representatives of Siegel/Nelson Films, Commissioner Brown reported that they have asked to be allow to use the following roads In addition to the Dosewalllps Road: Linger Longer Road, Dabob Road, East Qullcene 'Road and Center Valley Road. Commissioner Wojt moved to allow the Siegel/Nelson Film Company to use the roads as requested except Center Valley Road which cannot be used during periods of heavy traffic on the condition that a County employee be present during the filming at the film company's expense. Commissioner Brown seconded the motion which carried by a unanimous vote. PLANNING AND BUILDING Determination of Non-Conformance (Grandfatherin!!) of the Operation of the Shotwell Gravel Pit for Rock Crushin!! and Asphalt Makin!!; Hastin!!s Avenue and Cape Geor!!e' Road; Lakeside Industries. Applicant: 16 Interested area residents were present as well as Prosecuting Attorney Mark Huth, when Associate Planner Jerry Smith reported that this meeting Is to determine If the operation of the Shotwell gravel pit Is a IIgrandfatheredll use of the site under the Jefferson County Development Code. An emergency exception was Issued February 4, 1991 for the operations at this site. The Planning Department requested copies of historical data to substantiate Lakeside's claim that the use of the site should be grandfathered. Affidavits have been received from Mr. ShQtwell (the son of J.D.. Shotwell, former owner of the property) and George Peabody regarding the use of this site In the past. The data submitted was then reviewed by Jerry Smith. He also reviewed the findings and recommendation of the Planning Department staff. The Planning Department recommends that the County recognize the extraction or mining of gravel as a permitted, non-conforming use and require that a Certificate of Compliance for rock crushing and manufacture of asphalt on the property. Prosecuting Attorney Mark Huth asked what the designation of the property Is by the Comprehensive Plan? Jerry Smith reported that It Is designated as IIsuburban.1I The key Issue on grandfatherlng Is the date that the last use of the site occurred In relation to the passage of the Development Code. The key date on this property Is October 1989 when the Development Cbde was passed. Mark Huth then noted that the law requires that expansion or enlarging of the use must adhere to the Development Code and a conditional use permit Is required. Lakeside has an emergency exception to allow them to operate until September 3D, 1991. If the Board goes along with the recommendation of the Planning Department, the question becomes should Lakeside Industries be allowed to use the site while the application Is made for a conditional use permit. Mark Huth suggested that this could be allowed If Lakeside makes an Immediate effort to make this application. Mark Huth reported that the Planning staff recommendation is sound and has a basis in' fact as required by the law. '·:0; 1 7 rA~C 00 J .071 Commissioners Meeting Minutes: Week of September 9, 1991 Page: 4 Douglas R. Hartwlch, Attorney with Short Cressman & Burgess representing Lakeside Industries, reviewed the documents that he has submitted In response to th,e Planning Department request and to complaints from the Breskin's. He noted that conditional uses are allowed so as to not disrupt an existing legal use when, a Code comes Into effect. He then asked Jerry Smith If under the Comprehensive Plan this site Is listed In an Industrial area? Jerry Smith reported that he doesn't recall that this Is the case. Mr. Hartwlch stated that Shotwell and Lakeside have been taking gravel out of this pit since 1949. This site Is located near Port Townsend on a very good gravel deposit. Shotwell not only took gravel from this .slte, but also crushed rock and made asphalt. Rock crushing and asphalt making are portable operations. The general IIcustom and usagell of the gravel Industry Is portable operations. Lakeside is not expanding or changing the type of operation out of this gravel pit. The reason that the rock crusher was on this site every year from 1979 to 1989 was that in the rock crushing business It Is the IIcustom and usagell to crush enough rock to create a stockpile. Asphalt can not be stockpiled by Its' nature. In the gravel business an asphalt plant Is used when the market Is there and when It Is not the asphalt plant Is taken off the site. Mr. Hartwlch noted that the Issue In this decision Is If this gravel pit was ever abandoned, which Is not the case. Unless there Is a letter stating that the pit will be abandoned, there Is no reason for the County to believe that It was, just because the asphalt plant was moved off the site. Why would Lakeside purchase this property In 1990 If they Intended to abandon their crushing and asphalt making operations on the site? The Planning Department didn't take this Into account. They said when the asphalt plant was taken out and sold that meant that the site was being abandoned. This Isn't the case. Lakeside moves It's equipment to where it is economically feasible. Mr. Hartwich stated that for the remaining life of this pit (about 10 years) Lakeside feels that all three uses, pit run, crushed rock and asphalt making, should be grandfathered at this site. Mr. Hartwlch stated that originally Impervious coverings were only placed under the 011 tanks. They have since placed an Impervious covering under the asphalt tanks at the County's request. With regard to the noise, Mr. Hartwlch stated that a noise study was submitted which shows that the site Is in compliance with the noise standards. The County sent out a person to monitor noise on three occasions, the last being on August 30, 1991. He then presented a copy of the findings from that test. Mark Huth stated that the Board must deal with the Jefferson County Develop- ment Code and maps as they are and not address the Clallam County Court case. Andv Palmer, 121 Ravens Road: Mr. Palmer stated that his property Is In the vicinity of this site and he expressed his concerns about this request to grandfather this use of the site. He noted that he supports the staff recommen- dation. The number of single family residences Is Increasing In that area. He feels this Is an Inappropriate use of the site. Larry Thomason: Mr. Thomason stated that he owns property In Marlah Heights. He has no problem with the grandfathering of the site as a gravel pit, but does not feel that it should be used for making asphalt. He then reported on the noise he heard this morning from several points within a one mile radius of the site. G. Peralta, Cape GeorQe: Mr. Peralta stated that he agrees that the noise can be heard at, Cape George. He noted that he was also speaking for relative who Is concerned about the water quality In this area. Pete LanQlev, Fire District #6: Pete Langley gave the Board members copies of the 111990 Emergency Response Guldebookll and expressed concern about what I L VOt 1 7 rAíl 00 1.072· t(,;~~",'1~- 't,t;~",·· îj.',' .:«1Ë1SJi i¡j;; ~!i~ Commissioners Meeting Minutes: Week of September 9, 1991 Page: 5 would have to be done if there was an accident or fire with the materials delivered to this site. Richard Labotz: Richard Labotz explained that he purchased property at Marlah Heights. The sounds from this site are very annoying. He stated that If this plant Is grandfathered the value of his property will be lowered by about $10,000.00. He suggested that sound monitoring be done near the eagle nesting sites at Mlddlepolnt. Commissioner Brown asked If Marlah Heights Is a plat? Jerry Smith reported that the Marlah Heights Is a large lot subdivision. Greg Thomason pointed out on a map where this large lot subdivision Is located In relation to the Shotwell Pit site. Commissioner Brown explained that the R.C.W. deals with the noise level at the receiving property line (adjacent properties). Bob Wheeler, Public Works Director City of Port Townsend: Bob Wheeler stated that'there are two Issues - the grandfathering of the operation of the site as a gravel pit and as a rock crushing operation and asphalt making operation. He asked the Board to consider the nature of this business. Both the City and the County have needs for asphalt and crushed rock' and he urged the Board to look at the long term needs. Leslie Alcken: Leslie Alcken stated that she Is distressed about this project. The noise levels are so horrendous she feels that It has destroyed the neighborhood. She feels the current use of the site has to be considered an expansion of the operations at the site. Pete Lanaley: Pete Langley stated that he is appalled by the water use for this site. Bob Leach, Manaaer, Jefferson County PUD # 1: Bob Leach reported that Lakeside Industries has a permit to obtain water from the fire hydrant. He reported that the charge for non-potable water for this type of use Is $1.00 per 1,000 gallons. The rate for commercial/Industrial use of water has recently been raised to $2.00 per 1,000 gallons. Lakeside Industries uses less than 10% of the water allocated to the PUD by the City of Port Townsend. Carter Breskln: Carter Breskln stated that she supports the Planning Department recommendation. She stated that she and her husband have lived on their property at the Cape George Wye for the past 15 years. She noted that Mr. Shotwell never came forth when the Development Code was being considered to ask that the site be considered an Industrial site. She added that there are other Industrial use areas In this County. Joe Breskln: Joe Breskln stated that he has lived at his property since 1976 and has not seen any Industrial activity on this site since 1984. No efforts have been made to secure this site from use by the public. No office was in operation at the site during this period. Marly Yourish: Marly Yourlsh stated that when the rock runs out In this pit they can bring In rock from another site to crush and make asphalt. She stated that since these operations are portable they can be taken to another Industrial site In the County. She reported that she has taken noise measurements Inside her home and got a reading of 64 db. Joe Breskln: Joe Breskln reported that the WAC Is written with a 10 db difference In the noise levels allowed during the day and the night (between 10 p.m. and 7 a.m.). Marly Yourlsh: Marly Yourlsh asked If conditions can be placed on this operation If It Is considered a grandfathered use? Mark Huth reported that the noise standards are State standards and Lakesld~ will have to meet them. She asked I/or. 17 rAr.r on 1.073, ~;:'1" .4 Or }" Commissioners Meeting Minutes: Week of September 9, 1991 Page: 6 about operating hours? Mark Huth stated that they may be able to operate when they chose If they could meet the noise standards and If there Is nothing In the County's ordinance to Indicate otherwise. Commissioner Wojt asked what the WAC rules on noise? Mark Huth stated that he doesn't have the WAC ,In front of him, but his memory Is that enforcement Is brought about by a complaint. Joe Breskln noted that the WAC rules indicate the noise level at the IIrecelvlngll property which means anywhere on the receiving property. Commissioner Wojt moved to consider this request again on Monday September 23, 1991 at 3:00 p.m. Commissioner Brown seconded the motion which carried by a unanimous vote. State Environmental Policy Act Review and Threshold Determination; Construct a 35 Foot by 3 Foot Private Use Pier. a 15 Foot by 3 Foot Ramp. and a 154 Square Foot Float; Southerly Shoreline of Discovery Bay. East of Fairmount Road; Ed and Sue Edwards: Jim Pearson, Associate Planner, reviewed the environmental checklist for this project to construct a private use pier, ramp and float. He reported that the applicant noted that there Is eel grass In the area proposed for this float, but a site Inspection was done and none was found. A Hydraulic permit will be required for this project. He recommended that a determination of non-significance be Issued for this project. Commissioner Wojt moved to Issue a determination of non-significance and lead agency status as recommended by the Planning Department. Commissioner Brown seconded the motion which carried by a unanimous vote. -' ."...~... ,-' JEFFERSON COUNTY BOARD OF COMMISSIONERS " ? '" . / if;. ~ , . ". ( ,C ri~' :.. .~"~j ~ ... 7 SEAL: (: ;'\' ~, 1:,:;,:' ; i '; .~ '¡ . .. -, I :.. :-." ' ~\, \.. - ./¡ .~" ~ \... '-"../ .. . ,- ~.- , , ' 'Y;',;~. ~ (: .. ..: t. /l " ." p. '1"~-j""'V "~~ø , ATTEST: .... c51~ if. MMt»L Lorna L. Delaney, a Clerk of the Board ven.. 17 rAe' on 1074