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HomeMy WebLinkAboutM092391 MINUTES WEEK OF SEPTEMBER 23, 1991 Chairman Dennison called the meeting to order in the presence of Commissioner B. G. Brown and Commissioner Richard E. Wojt. After meeting in Executive Session with Ella Sandvig, Human Services Director, regarding personnel issues the Board met in a briefing session with Community Services Director, David Goldsmith. PUBLIC WORKS , Re-neeotiation of Application to Open County Road Rieht-of-way; Cook. Elm. and Denison. Streets. OfT' of Cook Avenue; Homer Tobin. Applicant 911 System Coordinator Bob Henderson reported that Mr. Tobin was given approval a year ago to open the rights-of-way of Cook, Elm, and Denison Streets. He has opened the Cook and Elm Street rights-of-way as permitted and is now ready to build his home. He is asking to be allowed to open the Denison Street right-of-way to private road standards to his property line. Bob Henderson added that the County Engineer reviewed this request and has no objection to this change in the application. Commissioner Brown moved to approve the change in the application to open county road right-of-way as request by Mr. Tobin on the recommendation of the Public Works Department. Commissioner Wojt seconded the motion which carried by a unanimous vote. Bob Gillham. Architectural Proiects Inspector re: Furnishines for the Public Works Conference Room: Bob Gillham, Public Works Architectural Project Inspector, reviewed several options for furnishings for the Public Works Conference Room to accommodate the needs of several departments which be using the room for meeting space. He reported that the Juvenile Services, Board of Equalization, Hearing Examiner and the Commissioners meetings will be relocated to this room as well as staff meetings and workshops. He then reviewed the furnishing options. A modular table system was suggested. The costs of the options which range from $1,800.00 to $8,000.00 were then discussed. The cheaper tables do not meet the County's needs. The $6,200 option are the tables that meets the need for the best quality. Since all of the tables will not be used all of the time a cart will be needed for moving and storage of the tables not in use. The discussion turned to the room being able to accommodate all of the various needs of the groups that will use it. The Board will review the uses for this room and the use of other spaces in the Courthouse before a determination is made on this furnishings purchase. ~ût 1'1 r~ 00 11.6i Commissioners' Meeting Week of September 23, 1991 Page: 2 FACILITIES MANAGEMENT HEARING re: Proposed Six Year Capital Improvement Plan: Public Works Director Gary Rowe; Planning & Program Manager, Carter Breskin; and Facilities Manager, Frank Gifford reviewed the six year capital improvement plan for the Board: 1992: Courthouse: Electrical work on the first floor, roof replacement, and remodel of the Commissioners Chambers. Community Centers: Floor repair at Gardiner, parking lot stripe at the Tri An~a, interior painting at Quilcene and signs at Brinnon. Other Buildinas: Pioneer Building window repair, various repairs to the Bayshore Motel. Animal Control: Facility construction. Covle Community Center: Facility construction. Parks: Flagpole at the Port Townsend Community Center and fencing at Memorial Field Property Acquisition: Tsetsibus and Olympic Discovery trail. Plans: Tri-Area Recreation Center and Gibbs Lake Solid Waste Facilities: Landfill closure, transfer station, equipment building, moderate risk waste facility, and buffer land acquisition. Improvements to the recycling center, cover drop off facility, and computerize scale/cash register. Hadlock Shop Facilities: Paint outside of building, wash rack and fuel tanks. The projects planned for 1993 through 1996 were also reviewed. Commissioner Wojt asked when renovations to the Quilcene Community Center are scheduled? Carter Breskin reported that expansion and renovation of the Quilcene Community Center is scheduled for 1993. This item was inadvertently left off of the report. Frank Gifford explained that the plans presented by a Quilcene group would double the size of the existing facility and make some renovations to the existing building. Chairman Dennison asked where the funding would come from for these projects? Gary Rowe reviewed the funding source for the projects as indicated in the report. Chairman Dennison expressed concern that the public understand that funding for some of these projects is not secured yet and is still in question. Chairman Dennison then opened the public hearing. Hearing no comment for or against the proposed plan, the Chairman closed the hearing. The Board members indicated that they would like to review this plan further before any action is taken on it. Beausite Lake Chimney Repair: Architectural Projects Inspector AI Scalf reported that the land exchange with the State Department of Natural Resources is proceeding and Beausite Lake will become County property. He added that the chimney repairs on the caretakers residence should to be done before the cold weather starts. Carter Breskin updated the Board on the status of the land trade with the DNR. AI Scalf recommended that the Board repair the chimney for an estimated $3,000.00. The discussion turned to the need for a caretaker at the Beausite Lake facilities. A meeting will be arranged to discuss this further. AI Scalf. Architectural Pndects Inspector re: Discussion of Memorial Field Fence. Monroe Street Section: AI Scalf reported that the price for replacement of 500 feet of Monroe Street fence is estimated to be $24,082.00. He asked that the Board declare an emergency to repair this portion of the fence. Commissioner Brown stated that there should be an agreement with the City that if the County repairs this portion of the fence, the City will share in the cost. AI Scalf reported that the Prosecuting Attorney has advised that if the construction project is approved, a "Hold Harmlessll agreement will be made with the City. VOL 17 fArf 00 :11.62; Commissioners' Meeting Week of September 23, 1991 Page: 3 Commissioner Wojt moved to declare an emergency for the fence repair project and that the project proceed as proposed. Commissioner Brown seconded the motion which carried by a unanimous vote.' Juvenile and Family Court Services Director. Lois Smith re: Plan for Renovation of the Third Floor: Lois Smith, reported that the current plan is to renovate the third floor in two phases. She stated that her needs require that this renovation be done as a single project with all the space being made available at one time. Frank Gifford reported that the two phase project was suggested to allow the Juvenile Court spaces to be made useable as soon as possible. He stated that they would be happy to re- work a schedule to do this project all at one time. He estimated it would take approximately 6 to 12 weeks longer to re-work the project to do it that way. Lois Smith stated that she would be willing to wait the extra time for this project to be done. The Board directed Facilities Management to re-schedule the project as requested. State Environmental Policy Act Review and Threshold Determination; Laree Lot Subdivision LL12-90 Ea21e Shores; Seven (7) Lot Subdivision of a 38 Acre Waterli."ont Parcel; Approximately 2 1/2 Miles Northeast of Ouilcene on the East Shore of the Boulton Peninsula. Oft of Lindsay Hill Road; Georee and Sharon Wilson: Associate Planner Jerry Smith reported that George and Sharon Wilson, are proposing to subdivide a 38 acre parcel into a seven lot, large lot subdivision. Each lot would be five acres or larger in size. The parcel is located on the east shore of the Boulton Peninsula and is accessed off of Undsay Hill Road. He then reviewed the staff summary of the significant environmental comments. Soils: Soils are sandy loam located on canyon slopes and ocean bluffs. These soils are characterized by rapid runoff and are considered a severe water runoff hazard. Slopes: The Coastal Zone Atlas identifies areas of Unstable Recent Slide (URS) along the property shoreline. Erosion: There is soil erosion on the fill slopes of the partially constructed road. Stormwater Runoff: The length and grade of the access road causes stormwater runoff which could deposit sediment and other materials in a stream on the lower part of the parcel. The length of the road is estimated to be one quarter mile with a grade approaching 14 percent. Wildlife: There is an eagle nest tree on the northeast section of Lot 7. The Wilson's have entered into a Bald Eagle territory management agreement with the State Department of Wildlife. The DOW has offered two options for lot configuration of the site and has indicated that either option will provide an acceptable level of protection for the wildlife, but they are also recommending that the County consider other mitigative measures to further mitigate probable significant impacts. Shellfish: There are significant numbers of oysters' on intertidal and subtidal lands adjacent to this property which are owned by the State and leased to private parties for harvesting of oysters. The Planning Department recommends that the County find that there are five potential adverse environmental impacts from this project which are soil erosion, slope stability and stormwater runoff during construction and after build out, degradation of the critical bald eagle habitat of the identified eagle nesting territory and degradation of shellfish habitat on the adjacent State owned tidelands. Jerry Smith then presented comments just received from the project proponents to address some of the impacts identified. Sharon Wilson stated that they purchased the property about 20 years ago, and it was divided into 12, five acre parcels and several were sold at that time. The road was initially constructed in 1975. Jerry Smith reported that the road has to be constructed to the requirements for a large lot subdivision. Chairman Dennison reported that he and Commissioner Wojt had visited the site last Friday and they saw signs of erosion along the road. He noted concern for slope stability, erosion on the road, and protection of the tidelands from stormwater runoff. VOl 17 fA(;€ 00 11.63 Commissioners' Meeting Week of September 23, 1991 Page: 4 Commissioner Wojt stated that his concerns are for the construction of the road, stormwater runoff and effects on shellfish habitat. Chairman Dennison stated that more information is needed on these issues. Rick Olson said that the creek that the culvert is in can not be crossed in the winter with a four wheel drive vehicle. There are slides every year in this area. Any increased actMty on the land above the shoreline is going to cause more slides. The oyster business needs to be protected. Commissioner Wojt moved that there are probable significant adverse environmental impacts identified on this project and that a determination of significance be issued and the process for scoping the Environmental Impact Statement be started. Commissioner Brown seconded the motion for discussion. Commissioner Brown stated that he did not, visit the site, as the other Commissioners did, and he is not sure what type of additional information is needed on the probable impacts. After further discussion of the information that is needed about this property, Chairman Dennison called for a vote on the motion. Commissioner Wojt and Chairman Dennison voted for the motion. Commissioner Brown voted against the motion. The motion carried. State Environmental Policy Act Review and Threshold Determination; Larae Lot Subdivision LL08-91 Quilcene Heiahts: Six (6) Lot Subdivision of a 36.25 Acre Parcel; Approximately 1/2 Mile Northeast of Quilcene at the Head of Quilcene Bay. Northeast Intersection of East Quilcene Road and McInnes Road: Padraic Burke: This environmental review is of a six lot, large lot, clustered subdivision on a 36.25 acre parcel, Jerry Smith reported. Each proposed lot would be two acres or larger in size. The building sites would be clustered on a six acre portion of the property with the remaining 30 acres of the site being reserved as a dedicated conservation area. The parcel is located at the head of Quilcene Bay. Jerry Smith then reviewed a summary of the significant environmental comments. Donovan Creek runs through the property. Five of the proposed lots would encompass part of the creek bed. Padraic Burke stated that no further subdMsion of this property will be allowed. All of the property east of Mcinnes Road will be in the conservation easement including where the septic systems are located on the lots. Water: Donovan Creek flows through the lowland area. Much of the surrounding area is in the 100 year flood plain. The creek and the wetland area are within the shoreline jurisdiction. The seasonal water table in the lowland area is within one to two feet of the surface. The Department of Fisheries will require a hydraulic permit for work to be done in the area of Donovan Creek. Plants: Upland area is forested, while the lowlands are a wetland marsh. Animals: Donovan Creek is identified as an important salmon stream. The area is designated as rural by the County Comprehensive Plan, Jerry Smith added, and the proposed two acre lots could potentially be re-subdivided into one acre lots. Soil erosion during construction, runoff water during construction, impacts to water quality and the salmon and shellfish fisheries in Donovan Creek and Quilcene Bay have been identified by the staff as potential impacts. The five mitigative measures suggested by the Planning Department were then reviewed. Mr. Burke stated that he will put a covenant on the lots that there will be no further subdMsion of them. Dorothv Roeder: Mrs. Roeder stated that they live directly west on the upland side of this development. They are concerned about domestic water in this area. They were told, when they drilled their water well, that they were on a sole source aquifer. Domestic water is very limited in this area and there are 8 or 9 wells there already. They are concerned about the water for this development. They are also concerned about the impacts to Donovan Creek and the wildlife in the area. Commissioner Wojt asked how deep the Roeder's well is? Mr. Roeder stated that it is 30 feet deep, cased to 28 feet. Prosecuting Attorney Mark Huth reported that before a building permit is issued the property owner must certify that there is a potable water source. vOt. 17 fAftf 00 ~1.64 Commissioners' Meeting Week of September 23, 1991 Page: 5 Mr. Burke stated that there is plenty of water in this area. Jim Shaw gets 30 to 40 gallons per minute. There is no shortage of water in this area. Chairman Dennison asked what type of mitigation should be included to cover the water issue. Commissioner Brown stated that the water issue is pretty well covered by the State Department of Ecology. Mr. Burke added that he has considered putting in a community water supply, but isn't sure he will do that. Commissioner Wojt moved to issue a mitigated determination of non-significance with the five mitigations as suggested by the Planning Department. Commissioner Brown seconded the motion which carried by a unanimous vote. Commissioner Wojt moved to amend the motion to include one more mitigative measure that says "No development of any type that would have an adverse affect on water quality shall take place within the wetland of Donovan Creek." Commissioner Brown seconded the motion which carried by a unanimous vote. Determination of Non-Conformance (Grandfatherine) of the Operation of the Shotwell Gravel Pit for Rock Crushine and Asphalt Makine; Hastines Avenue and Cape Georee Road; Lakeside Industries., Applicant: (See also Minutes of September 9, 1991) Jerry Smith reported that this determination of non-conformance for grandfathering operations at the Shotwell gravel pit was continued from the September 9, 1991 meeting to allow the Board time to evaluate the historical data submitted by Lakeside Industries. He then reviewed the Planning Department's recommendation on this issue and reported that additional information has been submitted by Michael Yantis and Associates the Acoustical Consultant regarding noise. Prosecuting Attorney Mark Huth reported that information has also been received from Joe Breskin regarding an appeal to the Board of Equalization in 1984 of the Assessor's value of the site. This appeal includes affidavits from Mr. Shotwell and a Mr. Wolfe regarding the use of the site. In reviewing the BOE minutes it appears that the argument was that the property value be lowered to $75,000.00 from $163,000. The BOE settled on a valuation of $135,000 based on the sale of a comparable gravel pit in 1982 and 1983. Joe Breskin stated that part of the issue has been the test for abandonment. Lakeside Industries has indicated that a letter saying that the site is being abandoned must be filed and that was never done. The appeal to the Board of Equalization used comparable properties that were bare land, not gravel pits. Mr. Breskin stated that it seems to him that this would constitute an intent to abandon, since there were gravel pits that could have been used for such a comparison. This is a clear demonstration of intent on their part to abandon the site. Doug Hartwich, Attorney for Lakeside, stated that Lakeside didn't buy this property until 1990. They were not the owners of the property when material was being sold out of it. He said he doesn't understand the relevance of the use of the B&O tax to indicate abandonment. The records indicate that material was sold out of the pit through to 1987. There are records that substantiate that material was taken out of the pit yearly from 1980 through 1987. The asphalt plant was operated there in 1980, 1981 and 1982. Shotwell and later Lakeside, was operating under a DNR excavating permit all during this time. In 1982 and 1983 the BOE valued this site as a pit site. The BOE simply deals with valuations of property. Mark Huth stated that the tape of the BOE hearing could be reviewed to determine what Mr. Wolf, the representative of the Shotwell Company said. The Assessor would have information about the type of taxes that were being paid on the site. Commissioner Brown stated that some gravel pits operate at intervals. Mark Huth clarified that there are three uses to be considered as grandfathered uses at this site: mining, rock crushing and the asphalt batch plant. George Peabody, Lakeside Industries, stated that they have been crushing rock at this site since the middle of June and are scheduled to stop crushing on September 30. They have enough rock stockpiled to last six to seven years, and won't be crushing rock there until that stockpile is depleted. Lakeside did not own the property when the Development Code was VOL 1 7 f~ no 1165 Commissioners' Meeting Week of September 23, 1991 Page: 6 under consideration for adoption by the County in 1989. If they had they would have probably commented about the use of this site. Mark Huth reiterated that the question today is which portions of this operation are grandfathered and if the Board finds that any of them are not, Lakeside will have to apply for a conditional use permit for that operation at this site. Surface mining would have to have been stopped in October of 1986 to be precluded from grandfathering. The intermittent rock crushing clouds the grandfathering issue. The third issue is the asphalt plant which is also said to be an intermittent use of the site. George Peabody added that it is a fact that the crusher was moved out in 1980. The pile of crushed rock was still there. Mark Huth stated that the question for each use (mining, crushing and asphalt) is if they were abandoned for a three year period prior to October of 1989. Commissioner Brown moved that the Board find that the mining operation is grandfathered under the County's Development Code. Commissioner Wojt seconded the motion for discussion. Commissioner Wojt asked if a mining permit has been maintained? Mark Huth reported that it has. Chairman Dennison called for a vote on the motion. The motion carried by a unanimous vote. Commissioner Brown moved that the Board determine that the rock crushing and asphalt operations are not grandfathered uses of the site. Commissioner Wojt seconded the motion which carried by a unanimous vote. Mark Huth reported that the emergency exception expires September 30, 1991 and Mr. Hartwich has asked that it be extended until such time as a determination is made on the conditional use applications. Commissioner Brown stated that he would rather make an extension for a specific period of time. Mr. Hartwich stated that an extension is only needed for the asphalt plant until November 30, 1991. Commissioner Brown moved to continue the emergency exception until November 30, 1991 as requested for the asphalt plant operation at the site. Chairman Dennison seconded the motion for purpose of discussion. He stated that issues have been raised regarding Lakeside's violation of the conditions of the last emergency exception regarding operating hours. Carter Breskin asked if this request meets the criteria of the Development Code for granting emergency exceptions. Mark Huth then reviewed the criteria. The environmental review process (which the applications for conditional use will be subject to) was then reviewed. Mark Huth noted this process will take longer than two months. Doug Hartwich reported that the exception is needed to finish the operation of the asphalt plant at the site for this season. Chairman Dennison asked if the contract that triggered the original emergency is complete? George Peabody stated that it is. He reported that the time line for finishing the work of the asphalt plant is only a month, but he is asking for two months in case the weather doesn't hold. Carter Breskin reported that she would be willing to withdraw her objection to the two month emergency exception if it is only granted for two months. Chairman Dennison called for a vote on the motion. The motion carried by a unanimous vote. *** APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Brown moved to delete Item f from the consent agenda and to adopt and approve the balance of the items as submitted. Commissioner Wojt seconded the motion which carried by a unanimous vote. a) RESOLUTION NO. 92-91 re: Updating the Official County Road Log; Addition of Fairwind Court; Ludlow Point Village Division 1 . VOL 17 rAG~ 00 116G ~ . . Commissioners' Meeting Week of September 23, 1991 Page: 7 d) , e) b) RESOLUTION NO. 93-91 re: Amending the Ordinance Regulating Traffic on a County Road; South Discovery Road; Speed Umit Changed from 50 mph to 35 mph. Approval of EASEMENT N. 50-CR3254; Right-of-Way for Use and Maintenance of a Road; State Department of Natural Resources Signing of Mitigated Determination of Non Significance; Construct a Mini-Storage in Port Hadlock; George Forker (Per motion on September 3, 1991) AGREEMENT and Notice to Title re: Annual Review and Removal of Temporary Residence Used Exclusively for Family Hardship; Property at 221 Fulton Creek Road; Betty Wilson, Applicant ITEM DELETED LEASE re: Space at the Castle Hili Mall; James McCarron Approval of Capital Outlay Request for Computer Equipment $9,150.00; Health Department ALETE Information System; Equipment Rental and Revolving Fund AGREEMENT re: Consulting Services for Installation of ALETE System and Use of ALETE Software by the Health Department; Avaunt Information Services CONTRACT re: Professional Services; Health Department Services; For the Period September 1991 to August 1992; Chimacum School District #49 CONTRACT re: Professional Services; Health Department Services; For the Period September 1991 to August 1992; Port Townsend School District #50 c) 1) g) h) Q j) Request for Reduction in Rental Fees; Use of Spaces at the Port Town- send Community Center by Senior Nutrition and Head Start ProJ!I"ams; Clallam Jefferson Community Action ProJ!I"am: Commissioner Brown moved to approve the request for reduction in the rental fees for spaces in the Port Townsend Community Center as presented by the Clallam Jefferson Community Action Council. Commissioner Wojt seconded the motion which carried by a unanimous vote. The meeting was recessed Monday evening after the business was completed and reconvened on Tuesday at 4:00 p.m. All three Board members were present. Establishment of a County-wide Policy Plan as Directed by Re-enJ!I"ossed Substitute House Bill 1025; Development of a County-wide Plannina: Policy to be Utilized as the Guidine Framework in Draftine Growth Manaeement Plans: Commissioner Wojt moved to approve and sign Resolution No. 94-91 as a joint resolution with the City of Port Townsend to establish a county-wide policy plan for drafting the growth management plans as required by ReSHB 1025. Commissioner Brown seconded the motion which carried by a unanimous vote. The meeting was recessed at the end of the business day on Tuesday and reconvened on Wednesday morning. All three Board members were present. LEASE re: Space at the Castle Hill Mall; James McCarron: Commissioner Wojt moved to" Elf)Rrov, e" the lease for space at the Castle Hill Mall with James McCarron. Commissf6nèr~BroWnseconded the motion which carried by a unanimous vote. r - ¿.ø..~~~i.£., ,/ ,~ , 1'" ~" ,"" MEEfl~ AôJG ~ 'NED''." / " '~~ ',;)" -:- " J'º \ JEFFERSON COUNTY :' ,r,~j,,;/,,:,-""~'¡ a ~ "'\ BOARD OF COMMISSIONERS ... It '(''''1'1>.. ;\<,.,Ii~-- \' 1I:ß \ , .. . X"",,' '/!~ ' . ,)\ SEA ~: ~..,,: '~,,;' j ; ~ '1 I ~ ..,', '., ':.':t f.\ ! , ',. . ~ V" ! · . -f' --,-_ j.. -""}, ~ .- t ~ _/ " \-...~..-: ',,~ / . ," -) ,--jl#- '~...... , '.,\'\" <"/ -~ :11/ ATTEST: ""', ,._"....~ ~ l2J1c Lorna L. Delaney, Clerk, of the Board vot 17 rA~'t 00 11-6'1 >;., .".>.'