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HomeMy WebLinkAboutM102891 '-.';. r """, .) r ./ MINUTES WEEK OF OCTOBER 28, 1991 Chairman Larry W. Dennison called the meeting to order at the appointed time, in the presence of Commissioner B.G. Brown. Commissioner Richard E. Wojt was not present due to an excused absence. After meeting in Executive Session with Planning and Building Department Director Craig Ward and the Prosecuting Attorney regarding litigation the following business was conducted. BID OPENING re: Indiaent Leaal Defense Services and Conflict Cases for 1992: Commissioner Brown opened and read the bids received as follows: BIDDER: BID TOTAL: David Skeen, Attorney Port Townsend Indigent Defense Conflict Cases No Bid $500.00 per case for Class A, B & C Felonies No Bid $200.00 per case $128,000.00 No Bid Harold J. Caldwell, Attorney Indigent Defense Port Townsend Conflict Cases Clallam Jefferson Public Defender Indigent Defense Port Angeles Conflict Cases Commissioner Brown moved to have the Budget Manager evaluate the bids received with the help of the District and Superior Court. Chairman Dennison seconded the motion which carried by a unanimous vote. BUSINESS FROM COUNTY DEPARTMENTS PUBLIC WORKS Discussion of Sale of Tarboo Bay Property to the State Department of Natural Resources: Public Works Director Gary Rowe reported that the Elks Club was given some property on Dabob Bay for the use of the Boy Scouts. When the EI~s Club could not pay the taxes on the property it was deeded to the County for the back taxes ($13,400) by H.J. Carroll the original owner. Mr. Carroll asked that it be developed for park purposes. The DNR owns property adjacent to this parcel which is a natural preserve. The County cannot develop their property into a park because of its proximity to this natural preserve. The DNR has offered to purchase this property for the appraised price of $260,000. This money would be placed in the Parks Fund. Planning and Programming Manager Carter 1,101. 1 7 PAGt: 00 128)1 _:þ;~:;',;' - "'1~ è ~ ,;¡¡jt;4.', ¡, ~MIJI1 ._írt~·' ~ . J' Commissioners' Meeting Minutes: ~eek of October 28, 1991 Page: 2 stated that he explained to Mr. Carroll that this property can not be developed into a park and may possibly be sold to the DNR. The Board expressed concem that since the property was deeded to the County for park purposes this sale would not meet that request. The money could be used for the develop- ment of existing parks which would be consistent with Mr. Carrolls request, Gary Rowe noted. After more discussion the Board concurred that if Jack Carroll feels that his request has been met, the Public Works Department can proceed with the sale of the property to the DNR. Tsetsibus ACQuisition: Gary Rowe reported that he attended a meeting last Thursday with representatives of the property owners and several agencies that are interested in preserving the Tsetsibus site. The property owners want to be able to develop their property, but they are willing to dedicate part of the site for a heritage site/park area. They are concerned that the acceptance by the County of the lAC grant contract will possibly limit their future development of the site. Gary Rowe stated that he will do more research on what will happen if the grant contract is or isn't signed and the title transfer requirements if the grant is accepted. When this research is done, he will update the Board and a decision can be made on the lAC contract. If the contract is not signed by the County by December of 1991 an amendment to extend it for another year can be requested. FACILITIES MANAGEMENT Update and Discussion of the Renovation of Space on the Third Floor for the Juvenile Services Department: Chairman Dennison asked Facilities Manager, Frank Gifford, why it has taken so long to get to the bidding stage on this project? Frank Gifford answered that as soon as the Board of Equalization was moved out of the third floor space to be remodeled, a timeline for the project was developed and submitted to Juvenile Services. Once that was done the project was reviewed to make sure that it was in line with the estimated costs. When the project was reviewed with the City of Port Townsend for a building permit the lack of an adequate fire escape was brought up. That issue has not been resolved to the satisfaction of the City and the County. Building Inspector Mike Ajax reported that the 1988 Building Code states that when repairs or renovations are made to a historic building, they do not have to meet the provisions of the Code unless there is a life safety issue involved. Commissioner Brown asked how renovations have been done to other historic buildings such as City Hall and if they have met all of the code provisions? Mike Ajax stated that he is not familiar with what has been done at City Hall. He added that the State Department of Labor and Industries has cited the County for not having a second exit from the second and third floors. County Clerk Marianne Walters asked about opening the back stairway that connects the floors for a fire escape. Frank Gifford explained that the Planning Department would not be able to ever lock their offices, the stairwell does not exit to the outside and there are other requirements for the doors and access at each level that would require a total re-configura- tion of this stairway. Mike Ajax added that his interpretation of the Code is that the County cannot repair, add or alter the building without bringing it up to the safety requirements of the Code. Commissioner Brown stated that this means that nothing can be done to this building. Since this is an historic building, it has been determined previously that fire escapes can not be put on the outside of it. Gary Rowe reported that the City has not outlined what they would accept in the way of alternations to address the life safety issues before they will issue a building permit. Gary Rowe stated that the City would not give an answer to whether opening the old interior stairway would provide adequate egress. Chairman Dennison asked what the options are? Frank Gifford stated that the options are to build an interior stairway or to move everyone off the floors that do not have acceptable egress. VOl 1 7 rAGf 00 t28:'3: -- -- ... '. ¡ -' Commissioners' Meeting Minutes: Week of October 28, 1991 Page: 3 Chairman Dennison asked that a meeting be set up with the City to discuss the issues and the alternatives and in the meantime the Juvenile Services Department space needs must be addressed. Commissioner Brown suggested that the space in the third floor conference room be used by Juvenile Services for the immediate time. HEARING re: Request for Budaet Appropriations/Extensions: Various County Departments: Chairman Dennison opened the hearing regarding the requests for budget appropriations and extensions. Hearing no comments for or against these requested appropriations/extensions the hearing was closed. Commissioner Brown moved that the budget appropriation/extension requests not be approved at this time in order to allow the Board to review each request. Chairman Dennison seconded the motion which carried by a unanimous vote. The Board will meet with the Budget Manager to review these requests on Friday at 9:00 a.m. PLANNING AND BUILDING DEPARTMENT Review of Comments Received on Mitlaated Determination of Non- Slanlflcance: Larae Lot Subdivision LL08-91 Qullcene Helahts: Padralc Burke: Prosecuting Attorney Mark Huth reported that Mr. Burke has asked for a delay on this review to allow him time to review the comments submitted. Planning Department Permit Technician Michelle Grewell added that Mr. Burke called their office to report that he did not receive the comment copies until after October 22nd which did not give him time to review them. Commissioner Brown moved to reset this review for November 25, 1991 at 2:00 p.m. Chairman Dennison seconded the motion which carried by a unanimous vote. Review of Comments Received on Mitlaated Determination of Non-Slanlflcance: Construct a Mlnl-storaae In Port Hadlock: Georae Forker: Prosecuting Attorney Mark Huth stated that the County's authority to review this project under the Development Code does not exist which means that the County does not have the authority to issue him a Certificate of Compliance or to continue with the SEPA Threshold Determination. Since the building is over 4,000 square feet, a SEPA Threshold Determination will be required before the building permit is issued. Mr. Forker can decide if he would like to continue with SEPA at this time or wait until his building permit application is made. Mark Huth continued by noting that only one comment was received on the mitigated determination of non-significance from Randy Johnson of the State Department of Fisheries. The issues he raised are the State's authority to regulate not the County's. The Board directed the Planning Department to inform Mr. Forker of his choices on this project. State Environmental Policy Act Review and Threshold Determination: Mixed Use Residential. Commercial and Recreational Development' (SDP91-0017): Port Ludlow: Pope Resources: The Clerk of the Boardpresented a letter from Pope Resources asking that the Board postpone any deliberations on this project until December 9, 1991. Since Associate Planner Jim, Pearson will be out of town until December 8, Commissioner Brown moved to set consideration of this project on December 16, 1991 at 2:00 p.m. Chairman Dennison seconded the motion which carried by a unanimous vote. Discussion of Development of a Civil Penalty Ordinance: Assistant Planner Eric Toews reported that about five years ago' an ordinance was drafted to set penalties to aid in enforcement of the environmental health and land use related regulations of the County. He asked if such an Ordinance is still a priority of the Board. A civil penalties ordinance would enable the County to take enforcement action to abate violations of the County's environmental, health and land use regulations without recourse to the courts for criminal penalties or civil litigation. It would provide for an administrative remedy for violations without Vot 17 rA~ 00 12a~, · \. ~ . Commissioners' Meeting Minutes: Week of October 28, 1991 Page: 4 having to obtain judicial redress. The reduction in expensive court enforcement actions will be a direct benefit to the citizens of Jefferson County. Under such an ordinance, Eric Toews continued, when the Board of Commissioners or their designee (Department Head) learn of a violation of any ordinance pertaining to environmental health or land use, they would be authorized to issue a notice to the owner or operator where the violation was occurring. The violatOr would be given a date by which the violation must be corrected or a penalty would be assessed. If the correction is not done by the specified date the County could cause the work' to be done and charge the costs as a lien against the property. Unpaid fines could also be charged as a lien against the property. Prosecuting Attorney Mark Huth stated that this Ordinance would provide an intermediate administrative step in order to stop violations of this sort. This offers a way, short of Court, to remedy a violation. The discussion turned to the Board delegating their authority to a Department Head for the purposes of this Ordinance. The Board concurred that this ordinance be drafted for further consideration. Proposed Amendments to the Subdivision Ordinance Recommended bY the Plannlna Commission: Eric Toews reported that he has drafted the amendments discussed previously to the proposed Subdivision Ordinance submitted to the Board by the Planning Commission. He then reviewed the proposed changes. He asked if there is a specific format for the hearing notice since the proposed amendments are to an ordinance that was '. reviewed and recommended for adoption by the Planning Commission. Mark Huth answered that the notice has to be specific enough so the public knows what is being considered. He added that the notice must include the teX'J that now exists as well as the changes that have been made to it for each section that is being changed from what the Planning Commission recommended. Eric Toews will develop a hearing notice for the Board's consideration next week. *** APPROVAL OF MINUTES: Commissioner Brown moved to approve the Minutes of September 16, 1991 as corrected and September 23, 1991 as read. Chairman Dennison seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Brown moved to adopt and approve the items on the consent agenda as submitted. Chairman Dennison seconded the motion which carried by a unanimous vote. 1. EASEMENT #9109611 NJ (SW11-29-1W) re: Installation and Maintenance of a Utility Pole, Ught and Overhead Power Supply at Chimacum Park; Puget Sound Power and Ught Company 2. RESOLUTION NO. 103-91 re: Vacation of a Portion of Glen Cove Road and of Stevens Avenue in the Plat of Phillips Bayview Addition; As approved on October 7, 1991 ' 3. RESOLUTION NO. 104-91 re: Creating a County Road Project #CS1009; Retrofit Uttle Quilcene River Bridge and Yarr Bridge with New Bridge and Approach Rails 4. AGREEMENT re: Annual Review and Removal of Temporary Residence Used Exclusively for Family Hardship; Arthur and Shirley Blythe (Application Approved October 21, 1991) 5. Applications for Assistance from Soldiers and Sailors Relief Fund: $325.00 for Herbert Tennell and $500.00 for Harry A. Ferbrache 6. Request for Payment of $4,000 Allocation from the Promotion and Community Events Una of the Hotel/Motel Tax Fund; Approved on June 24, 1991 ; Jefferson County Maritime Bicentennial Organization vm. t 7 ¡:'.~"r on 128Li ... . ... ;, . Commissioners' Meeting Minutes: Week of October 28, 1991 Page: 5 Consent Agenda - Continued 7. Request for Payment of Fourth Quarter Allocation from the Hotel/Motel Tax Fund; Jefferson County Historical Society 8. Accept Resignation of Tess Sapia from the Solid Waste Advisory Committee MEETING ADJOURNED, ;1·"M ~r -,,;_\ .,..~ ... _F'" ,-, ;é,cj;';~, S4A,·, , ""- ' j'~ - ',.~' ,!_,---..'., , ,." f'. ','I..." ,.,...",.; " ;/ __.M 0#""" -" l ~ ..,,..,. ~:.'"': ',."" '<4 " '~~,\, f...' "tJ." J ~ A\}i i~...,'-~ "\',.,'. .,.~",,,.,.,~,,,..,,,,,,::, f', ' , -- '.... " '" .. ~ \ ".:.'¡ '-; ,~~..t:;~~0..-_").;-~., ""~ ¡ ! Ii', -j~,*,...~, 1;/ ~~~ik~ - ~; - ~,. ~ "'" ~ " '1>,:}\v SEAL: ATTEST: ~o-J/Æa .. ~t1M. L.:orna L. Delaney, ~ Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS ~~ ~ B. G. Brown, Member (Excused Absence) Richard E. Wojt, Member \lOt 1 7 rAt1. 00 1285'