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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.
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Commissioners' Meeting Minutes: Week of November 25, 1991
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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.
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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.
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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?
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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
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Commissioners' Meeting Minutes: Week of November 25, 1991
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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:
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
MEETING ADJOURNED
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B. G. Brown, Member
ATTEST:
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Lorna L. Delaney,
Clerk of the Board
(¿xeus2. i) Ail5U1ceJ
Richard E. Wojt, Member
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