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HomeMy WebLinkAboutM111891 r .- '- J' MINUTES WEEK OF NOVEMBER 18, 1991 The meeting was called to order by Chairman Larry W. Dennison. Commissioner B. G. Brown was present. Commissioner Richard E. Wojt was not present due to an excused absence. The Commissioners met In a briefing session with Community Services Director, David Goldsmith. Milt Foss re: Septage Lagoon at the Landfill: Milton Foss came before the Board to discuss sludge disposal In Jefferson County. He stated that the County's lack of action to deal with the closure of the lagoon at the landfill for the acceptance of septic tank sludge has caused problems. He ques- tioned where the County's septic tank sludge will be disposed of. After further discussion of the Issue, Mr. Foss urged the County to tell the State Department of Ecology that unless the State solves the problems with septic sludge disposal, the lagoon at the landfill should stay open. Chairman Dennison stated that the County Is going through the necessary process to deal with this Issue. Public Works Director Gary Rowe reported that they have met with the companies that submitted responses to the IIRequest for Proposal" that was advertised to set up a process to handle sludge disposal after the lagoon Is closed and they are waiting for written response from those companies before a recommendation Is brought to the Board. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS Discussion of Right-of-Way Status of the Chlmacum Road Improve- ment Project CR0953: Public Works Road Projects Manager Bruce Laurie reported that while researching the right-of-way for this project It was found that there are no deeds for the right-of-way the County has. There Is a 1934 approved drawing of this road, which Indicates there Is a 60 foot rlght-of- way. At that time the County owned the adjacent properties. From 1934 to 1939 the adjacent properties were sold by the County. The deeds for the properties that were sold Indicate that the property line Is a certain number of feet from the County road. The State has reviewed this Information and they say that they can certify that the County has 56 feet of right-of-way. The Prosecuting Attorney also feels the County has this 56 feet. The County needs vat 17 'h~~ 001339 Commissioners' Meeting Minutes: Week of November 18, 1991 Page: 2 60 feet of right-of-way to build this road. It Is estimated to cost $52,000.00 to acquire the extra right-of-way. This project was originally set up with no rlght- of-way acquisition funding. In addition this will probably delay the project another year. Commissioner Brown asked that the staff review design alternatives that would use the currently existing right-of-way. Grant Application: Coordinated Prevention Grant for Solid Waste Projects and Enforcement 1992-1993: State Department of Ecology: Solid Waste Specialist Jeff Frettlngham reviewed the grant application for the new Coordinated Prevention Grant for Solid Waste. The project Included were then reviewed. He reported that each County receives the same base amount of grant funding. Additional funding Is based on County population. Each County can also apply for a one time landfill closure grant of up to a maximum of $500,000. He reported that this joint grant application with the County Environmental Health Department Is ready to be submitted to the State Department of Ecology. The projects were then reviewed and discussed and Gary Rowe reported that asking for these grant funds does not commit the County to any project If the County feels It Is not necessary. The Board concurred that the grant applica- tion be submitted. ReQuest to Start BlddinQ Process: Installation of a Video System for District Court: Public Works Director/Budget Manager Gary Rowe reported that Installation of the video system for District Court Is estimated to cost $7,800.00 and the Sheriff has the money In his budget to pay this expense. Chairman Dennison questioned If this system Is a benefit to the County? Gary Rowe answered that the bulk of the arraignments are In District Court and once this system Is set up the Superior Court could also use It. It will save prisoner transport time for the Sheriff's Department. The Chairman noted his main concern Is that once the money Is spent, the system Is used. Gary Rowe added that the District Court has been Involved with the design of the system set up to make sure that It meets their needs. He added that once this system Is ready the Sheriff's Department will have to repair their satellite system to work with It. The Board concurred that the bidding process for the Installa- tion of the video system in the District Court courtroom be started. ReQuest for Approval: Purchase of Three Cellular Phones: For Use by County Departments on a Trial Basis: Gary Rowe reported that the Public Works Department had an opportunity to use some cellular phones free of charge earlier this year. This request Is to allow the purchase of three cellular phones from the State contract, with U.S. West Communications. There Is no monthly fee on the cellular phones for government agencies. He stated the trial period would be to determine what areas of the County may have dead spots for these phones. The Board concurred that these phones be pur~ chased. Memorandum re: ReQuest for Improvements to Schwartz Road: Gary Rowe reported that his memo summarizes the methodology used by the Department In determining the roads that will be Included on the County's road program. He reported that Schwartz Road doesn't have a high enough priority to be put on the program and he recommends that the property owners consider forming a Road Improvement District to make the Improve- ments they are requesting. He added that generally, local access roads do not rate high enough to be put on the County road program, but even If one did, there Isn't sufficient funding to make the requested Improvements. VOL 17 rA~ 0tJ340 lilt, J~~/!,¡;~ê'~r::\¡.;":.a ., <, 1- ~i1:;; .:y:~ Commissioner's Meeting Agenda: Week of November 18, 1991 Page: 3 Memorandum re: Fire Protection District 1#1 Reauest for Property: Gary Rowe reported that he reviewed the Fire DIstrict's request for a piece of County property for location of a pump test station. The property being requested Is off of Anderson Lake Road and Gary Rowe suggested that a piece of property near the County Road shop or the Correctional Facility would be more suited to this type of use. The Board concurred that Gary Rowe work with the Fire Districts to find a more suitable site. FACILITIES MANAGEMENT BID OPENING re: Materials. Labor and Coordination to Perform the Energy Conservation Measures (Lighting. Mechanical) at the Jefferson County Corrections Center: Public Works Director Gary Rowe opened and read the bids received for materials, labor and coordination of the energy conservation measures at the Jefferson County Correction Center: Leonard Hillman, Inc., Bremerton Careco, Everett (mechanical only) BID TOTAL: $70,070.00 No Bid BIDDERS: Engineer's Estimate Mechanical only Lighting only 75,755.00 13,475.00 Commissioner Brown moved to have the Public Works Department check the bid for accuracy and make a recommendation for bid award that Is to the best advantage of the County. Chairman Dennison seconded the motion which carried by a unanimous vote. Reauest for Use of Space from November 25 to December 28. 1991; Toys for Tots Program: Facilities Manager Frank Gifford reported that the short term use of the space the County Is leasing In the building where Chandler's Restaurant was once located, by the Toys for Tots Program Is no problem. The Board concurred that this request be approved and directed Frank Gifford to contact the Toys for Tots Coordinator to make the necessary arrangements. Bob Minty. Emergency Management Coordinator re: Special Events Permit; Wild Olympic Salmon Festival: Emergency Services Coordinator Bob Minty reported that the Wild Olympic Salmon Festival has submitted an application for a special events permit for the use of Chlmacum Park next weekend. Commissioner Brown moved to approve the permit and to deny the request that the $100.00 permit fee be waived. Chairman Dennison seconded the motion which carried by a unanimous vote. PLANNING AND BUILDING Final Long Subdivision Approval; LP6-90 Ludlow Point Village Division II; Pope Resources: Associate Planner Jerry Smith reported that this Is the second division of a four division long plat. There are a total of 93 acres In the total project. This division contains 14 lots and Is located near the Inner Harbor Village condominiums In Port Ludlow. The violation of the Shoreline permit conditions on vegetation management have been corrected In this division. The Planning Commission reviewed this final long subdivision and voted unanimously to recommend that the final approval be given. vGt 17 ìrÂt~ OO:134~ Commissioner's Meeting Agenda: Week of November 18, 1991 Page: 4 Commissioner Brown moved to Issue the final long subdivision approval as recommended by the Planning Commission for Ludlow Point Village Division II. Chairman Dennison seconded the motion which carried by a unanimous vote. Review of Comments Received on Mitigated Determination of Non- Significance Issued: Highland Larae Lot Subdivision - Four (4) Lot. Large Lot Subdivision #LL09-91: Approximately Two Miles southwest of the Port Townsend City Limits. Southwest of Cape George Road: Glenn R. Wood. Trustee. Hiah- lands Trust: The mitigated determination of non-significance was issued for this project, Jerry Smith reported, on October 21, 1991. This is subdivision of a 28 acre parcel into four five acre tracts. Comments have been received from a property owner at Port Ludlow, Jefferson County PUD # 1 and from Fire District #6. The Fire District raised the issue of the adequacy of Sand Road which provides access to this property. Sand Road is a private road about 3/4 of a mile off of Cape George Road. This road is one lane with no turnouts, and the Fire District doesn't feel it Is adequate to provide emergency services to this project. Jerry Smith reported that since this project Is a large lot subdivision the County regulations require that the applicant Improve the roads within the project to County standards, but only require documentation of legal access to the properties being subdivided. The Prosecuting Attorney advised that the County technically has no regulation to support requiring the improvement of Sand Road, but he suggested that the County may address the issue as part of the issuance of the building permit. Portions of Sand Road, Jerry Smith continued, have a 60 foot easement while the rest of It has a 30 foot ease- ment. This subdivision is adjacent to the Cape George Highlands and abuts an Improved road In that subdivision, Jerry Smith noted. Glenn R. Wood stated that emergency vehicles could use the road from the Cape George Highlands to access these properties If it was necessary, because the houses will be located In that portion of the subdivision. Com- missioner Brown asked If the roads In the Cape George Highlands are private? Mr. Wood answered that they are private roads and could not be used for access to the subdivision, but In the case of an emergency they would provide a better access. Jerry Smith further reported that when the overall site was evaluated for lIenvlronmentally sensitive areasll two were found: slopes In excess of 15% and unstable slopes. It was found this morning that there are two wetland areas on the adjoining, downslope property that could possibly be Impacted as a result of runoff from this property. He noted that the mitigative measures require an erosion control plan as well as a storm water management plan. The stormwater management plan Is to control slope stability and erosion and that measure could be expanded to Include wording to protect the quality of the waters of the adjacent wetlands. Commissioner Brown asked If the mitigative measure which requires that a drainage plan be submitted prior to the building permit being Issued, would take care of this Issue? Jerry Smith reported that mitigative measure #3 specifies that the stormwater management plan must be designed to Insure that runoff from the site will not adversely Impact slope stability or downslope properties. The wetlands would fit Into the classification as IIdownslope" properties, Jerry Smith added. Commissioner Brown asked about the PUD comment? Jerry Smith answered that the PUD stated that the Comprehensive Water Service Plan Indicates that much of this project Is In the water service area of the Cape George Water Company. Glenn Wood responded that he has applied to the Cape George Water Company for water service to this project. Commissioner Brown suggested that a condition be added that private wells cannot be drilled until 'Jot. 17 H;~~ 00134~ Commissioner's Meeting Agenda: Week of November 18, 1991 Page: 5 there has been a request for water made to the Cape George Water Company and a denial Issued. Jerry Smith suggested that this be added as a IINotlce to Potential Purchasers" on the face of the plat. Commissioner Brown moved to uphold the mitigated determination of non- significance with the addition of the notice to potential purchasers regarding the drilling of wells. Chairman Dennison seconded the motion which carried by a unanimous vote. Review of Comments Received on Mitigated Determination of Non- Significance Issued: 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 Morgan Bryant was present when Jerry Smith reviewed comments received on the mitigated determination of non-significance Issued on May 28, 1991 on the large lot subdivision known as Olympic Vista. Comments have been received from: The State Department of Ecology which focused on: 1. Water resources: They Included a reminder that a water right permit Is required under certain conditions and the project proponent has a responsibility to Inspect the site for existing wells. 2. Water quality: They Indicated that erosion and sediment control practices before and during construction must be employed. 3. Wetlands: The wetlands should be preserved with a buffer which Is adequate to protect them from other uses, and the wetlands need to be delineated. They also recommended that the wetlands and the buffer areas be placed In a Native Growth Protection Easement or designated as permanent open space on the plat. The State Department of Fisheries commented that a hydraulic project permit Is required which will Include delineation and mapping of the wetlands. The Qullcene School District commented that an additional 13 to 16 students are expected In the District as a result of this project and they asked that mitigation be added to address the overcrowding of the school facilities. Jerry Smith reported that the County has not received an enrollment forecast from the School District. Chairman DennIson asked what assurance the County has that the plans required will be Implemented? Jerry Smith stated that unless the mitigative measures specifically stipulate plan Implementation, It will be on a vOluntary basis. Chairman Dennison suggested that the mitigation on wetlands which requires a 50 foot buffer be changed to Include the requirements of the hydraulics permit. The discussion turned to the comment from the Qullcene School District regarding additional students. Chairman Dennison noted that In lieu of regulations being adopted as part of the Growth Management Act require- ments, the County has no mechanism to address this comment. Jerry Smith reported that he Is not aware of anything In the County's policies and regulations that require that this Issue be addressed. The discussion again turned to the wetlands, Chairman Dennison stated that he would like mitigative measure number 1 to Include wording that "any building activity must be In compliance with the approved storm drainage ·plan." He said that the analysis that Fisheries has asked for with respect to site drainage would provide Information on which to base mitigative measures. Commissioner Brown suggested that the applicant be asked to propose mitigation to address the concerns noted. VOL 17 ut~ 00 1.343 Commissioner's Meeting Agenda: Week of November 18, 1991 Page: 6 Morgan Bryant stated that the Hydraulic Permit Application required by Fisheries has to be In place before any construction Is done. He asked that the County accept what the Department of Fisheries determines on their Hydraulic Permit. Chairman Dennison stated that the Information from the study Is not mitigation Is it just Information upon which mitigation can be developed. He added that he wants the studies requested by the Depart- ment of Fisheries completed before the County Issues final mitigation. This mitigated DNS will be reviewed after the applicant has done and submitted the necessary studies. Jim Thornton. Senior Project Manager. ENSR Consulting and Engineer- Ing. Redmond and Allen Flksdal. Energy Facility Siting Specialist. Energy Facility Site Evaluation Council CEFSEC) re: Discussion of EFSEC Process for Trans Mountain Proj~ Allen Flksdal, EFSEC staff and project manager for the Trans Mountain project, reported that this meeting Is to discuss the public Informa- tion process that will be used for the Trans Mountain Pipeline project. Trans Mountain Pipeline Company Is expected to make application for their 011 pipeline early next year. The preliminary site study has just begun. Mr. Flksdal reported that there are six public meetings planned during the first two weeks of December. These meetings will be held In the six counties which the pipeline will traverse. The meeting In Jefferson County will be Tuesday December 10, 1991 at 7:00 p.m. In the Port Townsend High School Cafeteria. A press release will be sent out and advertising will be done In the local paper for this meeting. Chairman Dennison asked if this meeting schedule could be changed because the first two weeks of December are right In the middle of the County budget process? Mr. Flksdal stated that they realize this time Is not the best, but they feel that the meetings need to be held as soon as possible. They will be contacting the County after the first of next year, to arrange another meeting, specifically for local government officials. These meetings are to get public input on what the critical Issues are, Mr. Flksdal added. Chairman Dennison asked If there Is a possibility of a second round of meet- ings for public Input? Mr. Flksdal stated that anyone that wants to can call or send written Input to the EFSEC office or to the consultant. The preliminary site study Is expected to be done by April 1992. Chairman Dennison advised that the Commissioners of the six counties that the pipeline will cross will be meeting In SlIverdaie later this week to discuss Issues. There are many citizens In this area that are concerned about this project and they have asked the Commissioners to see if there can be two public meetings, one In Port Townsend and hopefully one on Marrowstone Island or In the Port Hadlock area. Chairman Dennison suggested that the public meetings scheduled in December be held and another public meeting be held In January. Mr. Flksdal stated that they will be contacting people after the public meet- Ings to see If they have any other concerns. James Thornton stated that the public meeting will be In a workshop format with stations set up to address the various Issues. There will be experts avail- able at each station to discuss the specific concerns of the citizens. The SEPA process has not started on this project because an application has not been submitted yet. Commissioner Brown asked the purpose of the preliminary evaluation? Allen Flksdal stated that It is to: 1) Identify any Issues and concerns the public has and 2) Identify if there are any red flags or Issues that would completely stop the project. The discussion turned to the format of the meetings. Mr. Thorn- ton stated that the Issues will be written down on flip charts and there will be forms for all the participants to fill out. Everyone that signs In with their name 17u~ 00 1.34l~ ',lot.. Commissioner's Meeting Agenda: Week of November 18, 1991 Page: 7 and address will be sent a follow up mailing. After more questions about making sure that all of the Issues are addressed, Allen Flksdal stated that the EFSEC will have an EIS for this project developed by an Independent consul- tant. Chairman Dennison asked If It can be determined at this stage of the process If there are any technically Insurmountable Issues? He added that he doesn't know how the public or local governments are going to be able to provide Information on technical matters. Allen Flksdal answered that the local governments and the public can express their concern over things such as seismic safety, etc., or they may Indicate that a particular model for some technical matter should be considered. He stressed that after an official application Is received EFSEC can appoint a representative from the County as a voting member of the Council. Mr. Flksdal thanked the Board for their time and urged anyone with a concern to write to him or the consultant. HEARING re: Proposed Changes to the Subdivision Ordinance Recom- mended for Adoption by the Plannlna Commission: Eric Toews, Assistant Planner, reported that the environmental review of these changes has not been completed, so the Board will not be able to take action on this or- dinance recommended by the Planning Commission. The proposed changes were then reviewed: · Administrative procedures for Large Lot Subdivisions: These sub- divisions are now treated the same as short plats (4 or fewer lots) or long plats (In excess of 5 lots). · Section 6 (page 38) Subsections have been added requiring review on long subdivisions to see that adequate provisions have been made for schools and school sites. (RCW 58.17.11 0) · Subsection 3.40 Exemptions: The exemptions are now only those that are recognized by RCW 58.17.040. · Sections pertaining to surety: This change allows surety to be posted for all required Improvements within a short subdivision, other than water supply development. · Criteria for Variance approval: The Planning Commission recom- mended ordInance contained two sets of variance criteria. There are now general variance criteria that apply In all circumstances. After discussion of the changes proposed for the sections pertaining to surety, Chairman Dennison then opened the public hearing. Julie Jaman: Julie Jaman thanked the County for the attention given to the public process on this document. This ordinance Is for the interest of the citizens of Jefferson County and public trust and Is not something that should just expedite the development of the County. There Is a need for a clear procedure and adequate review of all proposals. The whole document lacks procedures for addressing cumulative Impacts. She asked when, where and how cumulative Impacts will be dealt with? She then began a page by page review, comment and discussion on the document. Chairman Dennison clarified for those present that this hearing Is regarding the proposed changes the Board of Commissioners made to the Ordinance that the Planning Commission developed, held hearings on, and recommended for adoption. Jeneen Havden: Jeneen Hayden asked when the public hearings were held on the full proposed ordinance? Eric Toews reported that the Planning Commission held two public hearings on the proposed subdivision ordinance, one In February and one on August 7, 1991. She then asked If there was a public hearing on It before the Commissioners? She stated that she spoke at the Planning Commission hearings but stili has concerns that were not ad- dressed In this document. 'lot 17 r~tt 00 1345 Commissioner's Meeting Agenda: Week of November 18, 1991 Page: 8 Eric Toews answered that the Board did not have a public hearing on the whole document. The environmental review of the proposed ordinance has not been completed yet. He explained how the SEPA process works for a proposed ordinance. Julie Jaman stated that as she understands this, there Is no public review of the whole document before the Board of Commissioners. Mark Huth reported that the Planning Enabling Act sets up' this process for creation of ordinances. Eric Toews clarified that any changes made to the document by the Planning Commission as a result of the testimony taken at their public hearings does not have to be advertised for public review again. Jeneen Havden stated that the decisions that were made by the Planning Commission were not made by the elected officials and If they made er- roneous judgements, only the Board of Commissioners can rectify them. Craig Ward reiterated that the Commissioners are only considering the changes they made to the proposed ordinance. RCW 36.70.570 to 650 sets out the entire adoption process, Mark Huth reported. Kate Jenks stated that.she did not testify at any of the Planning Commission hearings and asked If she could present new information? Chairman Den- nison stated that it is his ruling that comments will only be taken on the changes advertised. Mark Huth reported that If any comments have to do with environmental Issues they can be brought up during the SEPA process. He suggested that any comments on the environmental Issues be submitted in writing to the Planning Department. Julie Jaman then began to give comments on specific wording in the or- dinance on sections other than those advertised. Chairman Dennison again asked that the comments be held to the changes that were published. Eric Toews reviewed the proposed changes again. Julie Jaman stated that there was a lot of work done and many comments submitted that had to do with attending to the environment and the public trust and they have been left out of this document. She noted that she came today to address those Issues. She does not feel they should be Ignored. She asked If there Is another way to address her elected officials In this process? Jeneen Havden stated that her testimony Is related to critical areas. This document does not reflect the real understanding of the issues she raised during the Planning Commission hearings. Eric Toews reported that every Iota of the testimony that was received at the Planning Commission's hearings was considered by the Planning Commission. He noted that not every comment was responded to, however, the Planning Commission and the Planning Department staff tried very hard to understand and respond to the public comments received. The changes that were made by the Planning Commis- sion In response to the public comments taken at their public hearings Is not specifically noted In the document being reviewed by the Commissioners because they have been adopted by the Planning Commission and that proposed document has been recommended to the Board for adoption. Jeneen Hayden stated that she doesn't disagree with Eric Toews characteriza- tion of how the Planning Commission and Planning Department handled the comments received on the document. She added she Is very uncomfortable with people on the Planning Commission who are not elected, some of whom are developers, recommending this document for adoption without the Board of Commissioners holding their own public hearing on It. The concerns that she raised are still outstanding and she noted that she would like to talk to the Commissioners about them or put them in writing to the Board. VOL 17 u~t 00 1340 Commissioner's Meeting Agenda: Week of November 18, 1991 Page: 9 Kate Jenks added that she wants to be assured that If she makes a comment that the Board of Commissioners, who are her elected officials, that they h~ar It. The discussion continued regarding the process the County uses for review and adoption of such ordinances, the Planning Commission's role, and what the Board of Commissioners can and can not do regarding an ordinance' recommended to them by the Planning Commission for adoption. Hearing no further comments the Chairman closed the public hearing. Craig Ward advised that the Board needs to consider what they want to do regarding the specific changes reviewed at this hearing and then the propos- ed ordinance will have to go through the environmental review process. . . . . . APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Brown moved to adopt and approve the Items as presented on the consent agenda. Chairman Dennison seconded the motion which carried by a unanimous vote. 1. Awarded Comparative Bid Purchase; Roof Mounted 3 by 12 Foot Double Sided Neon Sign for the Bayshore Motel; $3,477.60 Peninsula Sign and A wnlng, Port Angeles 2. Awarded Comparative Bid Purchase; Courthouse Fire Alarms; $2,695.00 Olympic Alarm Systems, Winslow 3. Approved and adopted Finding, Conclusion and Re'commendatlon of the Hearing Examiner; Vacation of a County Road Right-of-way; Approximately 165 Feet of Jefferson Avenue; Ellen Theisen and Ken Thompson 4. AGREEMENT, Supplement #3 re: Providing Additional Digital Topographic Mapping TM0960; Spence B. Gross, Inc. 5. Purchase Requisition; Three (3) 1992 Full Size Police 4 Door Sedans; State Department of General Administration 6. AGREEMENT #91-008-11 re: Water Quality Improvement, Exhibits A (Rehabilit- ation Measures), B (Premises), C (Promissory Note), and D (Deed of Trust); Mamie Wlndblad CONTRACT #2490-084305 Amendment #1 re: Scope of Work Child Development Services. Community Access Services. and Employment Services and Funding for Current Level of Services Provided bY the Human Services Department: State Department of Social and Health Services: Commissioner Brown moved to approve amendment one to Contract #2490-084305 expand- Ing funding and services provided for persons with developmental disabilities by the Human Services Department for the State Department of Social and Health Services. Chairman Dennison seconded the motion which carried by a unanimous vote. VOl 17 r~~F on 134"', · ~;' , Commissioner's Meeting Agenda: Week.of November 18, 1991 Page.: 1 0 The meeting was adJourned at the end of the business day. Chair- man Dennison and Commissioner Brown were. present on Tuesday for the Health Board meeting and a meeting with the Brlnnon Seniors. . The meeting to consider the State environmental polley aotrevlew and threshold deter- mlnatlonforthe . construction of a temporary graving dock within the existing Mats Mats quarry by General Construction Company was cancelled becau.se a letter wIthdrawing their· application was received. MEETING ADJOURNED SEAL: ATTEST: ~. . JEFFERSON COUNTY BOARD OF COMMISSIONERS ~ B'~ (é(t!~~,,]) ABs¿q~) Richard E. Wojt,Member vot 17utr 00 1348