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HomeMy WebLinkAboutM112591 ... ~ '" .' MINUTES WEEK. OF NOVEMBER 25, 1991 The meeting was called to ox:der by Chairman Larry W. Dennison. Commissioner B. G. Brown was present. Commissioner Richard E. Wojt was not present due to an excused absence. The Board met in Executive Session with Prosecuting Attorney Mark Huth regarding pending litigation. Budeet Manaeer Gary Rowe re: 1991 Budeet: Gary Rowe, Budget Manager, presented copies of the balanced 1992 preliminary budget to the Board. He explained that there is a list of additional amounts requested from Departments that were not included in the balance budget. All of the contract salaries appear in the balanced budget and there is an additional lump sum amount included in anticipation of salary increases for the Sheriff's Department Teamsters Union contract which has not be settled and mid-management employee salary increases. Gary Rowe acknowledged the work of Anne Sears and Mary Baldridge in putting this preliminary budget and all the additional information together. BUSINESS FROM COUNTY DEPARTMENTS: PUBUC WORKS Petition to Establish a Name for a Private Road; Teal Lake Villaee Drive; Pope Resources: 911 System Coordinator Bob Henderson explained that if there is a situation where a like name has been suggested, the applicant is asked to suggest three choices and the priority assigned to them. The ordinance states that every attempt will be made to k~ep from using like sounding names. The Pope Resources name choices for this access road into Teal Lake Village are: Teal Lake Village Drive, Teal Drive and Crestview Drive. Commissioner Brown moved to approve RESOLUTION NO. 119-91 establishing the name of Crestview Drive as suggested. Chairman Dennison seconded the motion which carried by a unanimous vote. license to Use County Road Ri2ht-of-Way; Rhododendron Avenue in ChaImer's Second Addition; Gary and Colleen Jensen. Applicants: Public Works Director Gary Rowe stated that this license is to use county road right-of-way for a commercial business. The right-of-way currently goes through the recreational vehicle parking area used by Sonny's RV. The County has, in the past, attempted to avoid issuing licenses for commercial uses because they can be revoked. Mr. Jensen has applied to have this right-of-way vacated. One of the requirements of that vacation . was that additional property be obtained to exchange for the right-of-way. This vacation was not completed because the applicant could not get a release on the property to be exchanged. vaL 17 r~ 00 1.34~ :..s~-:{ ;~;>';(-?~--~~ .,- ',;~~~ " Commissioners' Meeting Minutes: Week of November 25, 1991 Page: 2 Commissioner Brown stated that he doesn't see the difference in this instance between personal use of the right-of-way and commercial use. Gary Rowe explained that a business which requires a building permit would be required to prove that they have enough property to supply parking, etc. This license would not provide that proof. The applicant could remove the RV's from this area if necessary, Commissioner Brown added. Each request for a license to use right-of-way must be evaluated on a case by case basis. Commissioner Brown moved to approve the license to use County road right-of-way as requested by Gary and Colleen Jensen. Chairman Dennison seconded the motion which carried by a unanimous vote. Memo re: Revision of the Capital Improvement Plan for Facilities: Gary Rowe explained and reviewed the summary of projects regarding the revised capital improvement plan for 1992 to 1997. Since the projects are to be completed on a "pay as you go" basis within existing revenues the proposed projects were reviewed and new priorities set. Commissioner Brown moved to adopt the Capital Improvement Plan as presented for inclusion in the 1992 budget, with the understanding that all projects will be evaluated further when they are presented for implementation. Chairman Dennison seconded the motion which carried by a unanimous vote. Notice for Comparative Bid Purchase: Telephone Wirine for Leased Space in the Castle Hill Man: Commissioner Brown moved to approve the notice of comparative bid purchase for the telephone wiring work at the leased space in the Castle Hill Mall. Chairman Dennison seconded the motion which carried by a unanimous vote. Notice for Comparative Bid Purchase: Telephone EQuipment for Wirine for Leased Space in the Castle Hill Man: Commissioner Brown moved to approve the notice of comparative bid purchase for the telephone equipment necessary to wire the leased space at the Castle Hill Mall. Chairman Dennison seconded the motion which carried by a unanimous vote. PLANNING AND BUILDING Review 'of Comments Received on Mitieated Determination of Non-Sienificance Issued: Laree Lot Subdivision LL08-91 Quilcene Heiehts: Six (6) Lot Subdivision of a 36.25 Acre Parcel: Padraic Burke: Associate Planner Jerry Smith reported' that a mitigated determination of non significance was issued for this project on September 24, 1991. The comments were scheduled to be reviewed in mid-October, but the project proponent asked that the review be continued until today. The proponent has submitted written response to the public comments dated November 20, 1991. A letter was also received from the Audubon Society last Friday as well as a written comment from Barbara Fisk a former member of the Quilcene/Dabob Bay Watershed Action Committee. The comments submitted were then reviewed. · Charles N. and Cindy McCabe: They expressed concern for the water quality of Donovan Creek; the soils suitability for on-site septic systems; the availability of water; traffic impacts, and that the County reply in writing to their concerns. · Wilford and Dorothy Roeder: Expressed concern regarding the lack of notification that this SEPA review would be on the Commissioner's Agenda and that they did not have adequate time to review the environmental checklist before the meeting. They questioned the quantity of water available in the area and asked that the mitigation on soil erosion control and re-vegetation be clarified. They also asked if the County's intent was to require establishment of a valid baseline and to monitor to insure the water quality of Donovan Creek. They asked who is responsible for enforcement of mitigation #6 and noted concern for traffic impacts. They also questioned the size of development. · E. Zahn asked County to reconsider the issuance of the mitigated determination of non- significance. · Ted Krysinski, representing a group of neighboring property owners, submitted a list of 15 questions accompanied by five exhibits regarding this project. They asked that the mitigated determination of non-significance be reconsidered. · Admiralty Audubon Society: Asked what assurance there is that the Conservation Easement will be protected by the Conservation Easement. The mitigation doesn't go far enough in protecting the water quality of Donovan Creek. The existing vegetative cover on the property provides wildlife habitat and a corridor. VOl 17 U(,f 00 1.350 -,i!¡ElF Commissioners' Meeting Minutes: Week of November 25, 1991 Page: 3 · John and Melinda McKinley: Noted concerns about the completeness of the environmental checklist, erosion of the upland areas by construction on the sites, and concern for additional runoff draining into the wetland area and Donovan Creek. They asked what mechanism would be employed to monitor the stormwater management system during and after construction? They listed additional species of birds and animals that utilize the site and noted that the wetland site is an "Environmentally Sensitive Area." They asked how the Conservation Easement is actually going tó keep development away from the area? Janet Welch, a Registered Sanitarian, stated that the proposal should be monitored as a long-subdivision, instead of a large lot subdivision. She suggested a minimum lot size of two acres. A wet season analysis should be done for the on-site septic system. The Quilcene/Dabob Bay Watershed Action Plan was not referenced in the checklist, and she added that if the County allows the use of an existing Conservation Easement as open space on a new subdivision it may open a loophole to the provisions of the large lot subdivision requirements. Ted Krysinski expressed concern for the quality of the run off in the area which could degrade the water quality of Donovan Creek. Placement of septic systems in the area proposed would have an adverse impact on the water quality of Donovan Creek and the adjacent wetlands. Well drilling of a single community well or six individual wells would have an impact on the water quality and quantity of the surrounding area. State Department of Ecology stated that treated stormwater runoff should be routed through the site to provide pre-project water flow conditions to the wetland. The de-watering or inundation of the wetlands should be addressed. A wetland buffer between 50 and 300 feet in width is best. They recommended the enhancement of the buffer to protect the wetlands. Department of Fisheries expressed concern that Donovan Creek be protected because it is an important producer of Coho salmon. A Hydraulic Project Approval is required and the wetland must be protected by using the proposed Conservation Easement. Fire District #2 reported that adequate ingress and egress for emergency vehicles needs to be provided. Public Works Department expressed concern that the Open Space Preservation Plan referred to in the checklist has not been provided. There is a typographical error on the existing Conservation Easement which must be corrected. The State Department of Ecology submitted a second comment stating that they are opposed to the development and that the money for the conservation easement came from State funds to enhance water quality in Quilcene Bay to protect valuable shellfish resources. They feel that the poor soils and water table are a high risk for on-site septic systems. The project must be consistent with the Quilcene/Dabob Bay Watershed Action Plan. Rick Roeder pointed out several errors in the Environmental Checklist. Since there was a lack of material disclosure by the applicant the R.C.W. allows the lead agency or a consultant hired by them, to develop the checklist at the applicants expense. He raised questions regarding lot size and the fact that the lots are separated by a public right-of- way, inconsistency regarding the size of the development, and the validity of the Conservation Easement. Another letter from the State Department of Ecology indicates that the Conservation Easement extends to the north of the original easement which satisfies their greatest concern that there will be an adequate buffer. The DOE stated that they are satisfied that their basic concerns have been addressed by the applicant. Letter from the Audubon Society suggesting that each parcel have its own access road. They are willing to do a wildlife census. They recommend that area east of McInnis Road be left in tact. Barbara Fisk stated that the proposal is in conflict with State and County laws and the State DOE guidelines as well as the Quilcene/Dabob Bay Watershed Action Plan. This area has a history of limited or poor water supply. She asked that the County reject the current proposal. · · · · · · · · · · · Written response from the Attorney for the project proponent was then reviewed which responds to the written comments from the public just reviewed. Prosecuting Attorney Mark Huth stated that questions have been raised on: 1. The relationship between the existing Conservation Easement and the portion of this project that is adjacent to it. He suggested that this be clarified, in writing, by the project proponent. 2. If the lots on the east side of McInnis Road encroach on the existing easement and if they do, why? '}¡11. 17 rAt; 00 .13 r::.tn O~ Commissioners' Meeting Minutes: Week of November 25, 1991 Page: 4 3. The notice to potential purchasers regarding what they can and cannot do with the portion of their lot that is in the Conservation Easement. 4. The Subdivision Ordinance doesn't allow lots to be divided by an existing County road right-of-way. Do these lots need this extra area? This needs to be clarified. There is confusion about Mr. Burke's ownership of the property and what is owned by the Northwest Institute for Historic Preservation. The County should have a copy of the document in hand before a decision is made on this. 5. The ownership of Tax Lot 2 needs to be clarified. 6. A number of questions have been raised about the Quilcene/Dabob Bay Watershed Action Plan and how this project fits into it. Commissioner Brown asked if the Conservation Easement is transferred to the Jefferson County Land Trust, as the proponent has indicated (page 7 Attorney's letter), would that satisfy the ownership question? Mark Huth stated that the lots being created each include a portion of this conservation easement. The question is can the ownership of the Conservation Easement area be transferred with each of the proposed lots. Padraic Burke stated that the Conservation Easement area can be sold or given away to properties. The restrictions of the easement apply for each lot. Mr. Burke explained that he now owns 12.5 acres of Jim Shaw's property. He is currently negotiating with the Jefferson County Land Trust to ensure that the Conservation Easement is monitored. Mark Huth asked if the lots Mr. Burke is proposing encroach on any of Mr. Shaw's Conservation Easement. Mr. Burke stated that they do not. Mark Huth asked why part of the Conservation Easement is included in the lots? Mr. Burke explained that the addition of this property gives each lot some creek frontage. He confirmed that there will not be any septic systems in the conservation easement area. Mr. Burke further explained that 25 acres, owned by Jim Shaw, was identified by the County in 1985 as a likely source of fecal coliform pollution in Quilcene Bay. In 1988 development rights were purchased on 12.5 acres of Mr. Shaw's property by the County with funding from the State Department of Ecology. The other 12.5 acres was put into a Conservation Easement. The discussion turned to monitoring the terms of the Conservation Easement. Chairman Dennison stated that it would be easier to monitor the Conservation Easement if it is not split up into six different ownerships. Mark Huth reported that there is still the issue of the road bisecting the lots. He then quoted from the Subdivision Ordinance Applicability Section fl. . .parcels in common ownership separated by a public right-of-way should not be considered a single parcel." He noted that this would be creating a subdivision violation and the question then becomes why is it necessary to include this area in these lots? Chairman Dennison stated that he would like to see a traffic impact analysis required as a condition on this project, but first the legal question regarding the Conservation Easement and the issue of the County Road bisecting the lots must be answered. He asked that Mark Huth work with the project proponent and his attorney to answer these questions. No action will be taken' by the Board until these issues are resolved. 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. RESOLUTION NO. 120-91 re: Revising A County Road Project CR0606; Realign South Bogachiel Road 2. RESOLUTION NO. 121-91 re: Hearing Notice; Application for Franchise; Bridgehaven Water District; Setting Hearing for December 9, 1991 at 10:00 a.m. 3. RESOLUTION NO. 122-91 re: Establish a Name for a Private Road; Camber Drive; Port Ludlow Area 4. RESOLUTION NO. 123-91 re: Establish a Name for a Private Road; Skiff Lane; Port Ludlow Area 5. AGREEMENT; Consultant for the Integrated Data Management System; Digitizing the Assessor's Parcel Maps and Optimum Land Use Maps, and Resource and Critical Area Maps; Economic and Engineering Services, Inc. 6. RESOLUTION NO. 124-91 re: Order Budget Appropriations and Extensions; Assessor, Auditor, Auditor-Elections, Board of Equalization, Cooperative Extension, District Court, Planning and Building, Prosecuting Attorney, Recreation, Law and Justice (District Court), Bålloon Hangar Fund and Port Townsend Community Center Fund VOf_ 17 rA~ 00 135~ f " Commissioners' Meeting Minutes: Week of November 25, 1991 Page: 5 7. CONTRACT, Amendment re: Professional Services; Completion Time Defmed; BredouwJEdaw 8. Approval of Posting Notice of Comparative Bid Purchase; Furnace for Hoh Road Maintenance Shop 9. Approval of CAlL FOR BIDS; Design, Materials, Labor and coordination for Interior, Lighting Modifications at the Jefferson County Correction Center; Set Bid Opening for December 16, 1991 at 11:00 a.m. 10. Bid Award for Energy Conservation Measures - Mechanical - at the Jefferson County Correction Center; As Recommended to Leonard/Hillman, Inc. for $70,070.00 11. MEMORANDUM OF UNDERSTANDING re: Coastal Counties Coordination Program (State Grant # G920067); Grays Harbor Regional Planning Commission 12. Approval of Application for Assistance from the Soldiers' and Sailors' Relief Fund; David W. Bonan $50.00 ASSESSOR 1991 Budeet Transfers: Commissioner Brown moved to approve and sign RESOLUTION NO. 125-91 to approve the budget transfers requested by the Assessor's Office for the 1991 budget. Chairman Dennison, seconded the motion which carried by a unanimous vote. COMMUNITY SERVICES Amendment to the Memorandum of Understandine: Establishine a W orkine Group to Address Plannine and Reeulatory Issues of Mutual Concern: Between the Ouinault Indian Nation and Grays Harbor County: Commissioner Brown moved to approve the amendment to the Memorandum' of Understanding with the Quinault Indian Nation and Grays Harbor County regarding the establishment of a working group to address the planning and regulatory issues of mutual concern. Chairman Dennison seconded the motion which carried by a unanimous vote. The meeting was recessed at the end of, the business day on Monday and reconvened on Wednesday with both Chairman Dennison and Commissioner Brown present for an Executive Session with Health Department Administrator David Specter regarding a personnel matter. SEAL: ~..,.~_... JEFFERSON COUNTY BOARD OF COMMISSIONERS MEETING ADJOURNED ~~ ~ B. G. Brown, Member ATTEST: cfð1!lL~ ;;:i Lorna L. Delaney, Clerk of the Board (¿xeus2. i) Ail5U1ceJ Richard E. Wojt, Member 17 fAr¡ 00 1-353 ¡;:,