HomeMy WebLinkAboutM110590
~ .
............ .
.............;.:.:.:.:.:.;.:.:.:.:
...... .;.:.:;.;.;.;.;.;:::.;:;.;::::::;:::;
...
.X.U~BS
WEEK OF NOVEMBER 5, 1990
The meeting was called to order by Chairman George C. Brown.
Commissioner B.G. Brown and Commissioner Larry W. Dennison were both
present.
Assessor Jack Westerman and Assessment Operations Manaqer Jeff
ChaDman re: Office Plan: Assessor Jack Westerman and Assessment
Operations Manager, Jeff Chapman came before the Board to discuss the
office plan for the Assessors Office for 1991 and the budget impact from
the proposed changes. The management of the office will be split in two
sections: the appraisal and mapping sections and the administrati ve
section. This will provide the appraisal and mapping section manager
time to update the computerized appraisal system and to work on the new
GIS mapping system. Jack Westerman reported that they need to have this
plan in place as soon as possible to coordinate the schooling for the
employees for next year. The Board stated that they would take this
request into consideration with the other 1991 budget requests.
BUSINESS FROM CO~Y DEPAR~ENTS:
PUBLIC WORKS
HEARING re: Road Name Chanqes: Fir Avenue. Charles Avenue. Oak
Avenue. a Portion of North Old Flagler Road and a Portion of Old
Alcohol LOOD Road to ALCOHOL LOOP ROAD: A Portion of Old Alcohol Loop
Road to GEORGE S~REET: KUhnsville Plat: Public Works Traffic Engineer-
ing Technician Bob Henderson reported that because of the new construc-
tion in the Alcohol Loop area very few of the existing road names and
addresses make any sense. Roads were blocked off for the new intersec-
tion. This plan will provide the emergency services providers with more
sensible road names and address numbering in the area.
Chairman George Brown opened the public hearing.
Georqe Coburn and Jeannie sisnows: George Coburn asked what the exact
plan is for this area? will there be more work on the roads?
Public Works Director Gary Rowe stated that this hearing is specifically
for comments on the change of the road names in the area. There are no
plans currently to do any work on the roads in this area. The road name
changes will not trigger any additional road work.
. VOL 16 rAGE 00 89'7
. ,
commissioners' Meeting Minutes: Week of November 5, 1990
Page: 2
Mr. Coburn reviewed a map of the area with Public Works Director Gary
Rowe. Mr. Coburn stated that he doesn't feel the County should spend
its' money to upgrade the road that essentially serves only their
property.
Hearing no further comment for or against the proposed road names
changes, Chairman Brown closed the public hearing. Commissioner
Dennison moved to approve and sign Resolution No. 106-90 ordering the
road name changes as proposed. Commissioner B.G. Brown seconded the
motion which carried by a unanimous vote.
HearinqNotice re: Sneed Limit Chanqe: ~horndyke Road: Bob
Henderson explained that a petition has been received from residents of
the Bridgehaven Development in the Thorndyke area asking that the speed
limit be lowered to 30 mph from milepost 0.00 to milepost 2.00. The
speed limit on the balance of the road to the intersection of Coyle Road
would be changed from 40 to 50 mph. Commissioner B.G. Brown moved to
set the hearing. for November 19, 1990 at 10:30 a.m. Commissioner
Dennison seconded the motion which carried by a unanimous vote.
Call for Bids: 1 Used ~ruck and oil Distributor: Commissioner
B. G. Brown moved to set the bid opening for a used truck and oil
distributor for November 19, 1990 at 11:00 a.m. Commissioner Dennison
seconded the motion. The motion carried by a unanimous vote.
AGREEKEN'r Reimbursable Work re: Construction Bus Pullouts on Oak
Bav Road: Jefferson ~ransit: Commissioner B.G. Brown moved to approve
the reimbursable work agreement with Jefferson Transit for construction
of three (3) bus pullouts on Oak Bay Road for a maximum cost of
$16,290.00. Commissioner Dennison seconded the motion which carried
by a unanimous vote.
Claim reports: RICHO~~E: YANKE: FAILLE:-Gary Rowe reviewed the
reports and recommendations on the following claims:
Heather Lvnn Richotte. #C-10-90: Recycling Truck backed into the
left front door of her car. The low repair estimate is from
Larry's Welding for $436.05. The Prosecuting Attorney's Office
reviewed and recommends payment of the claim in the amount of
$436.05. Commissioner B. G. Brown moved to approve payment of the
claim submitted by Heather Richotte as recommended. Commissioner
Dennison seconded the motion which carried by a unanimous vote.
Robin Yanke. #C-12-90: Gravel from a County Truck broke the wind-
shield on Robin Yanke's car. The Prosecuting Attorney reviewed
the claim report and recommends that claim be paid in the amount
of $296.59 for the estimate from Groves and Company, Inc. Commis-
sioner Dennison moved to approve payment of the claim submitted by
Robin Yanke as recommended. Commissioner B.G. Brown seconded the
motion which carried by a unanimous vote.
Robert P. Faille. #C-11-90: Mr. Faille's claim is based on an
incident at County Jail. The Prosecuting Attorney reviewed the
claim for $100,000 and recommends that it be rejected. Commis-
sioner B. G. Brown moved to rej ect claim submi tted by Robert P.
Faille as recommended. Commissioner Dennison seconded the motion.
The motion carried by a unanimous vote.
Report on the Increased Costs for sentaqe Handlinq at the Port
~ownsend Wastewater ~reatment Plant: Gary Rowe reported that the City
of Port Townsend has advised that there will be increased costs to the
County for treatment of septage at the Port Townsend Wastewater
Treatment Plant. Preliminary information was received some time ago
from the Ci ty of Port Townsend regarding the increased costs at the
treatment plant. This information was passed on to Bob Wubbena,
. VOL 16 fAGE 00 898
commissioners' Meeting Minutes: Week of November 5, 1990
Page: 3
Economic & Engineering Services, who has updated the County's Solid
Waste Management plan to reflect these increased costs.
The County's plant cost portion will be approximately $690,000.00 and
the County's share for the operations of the plant would be about
$38,400.00. Initially the cost estimate for the plant was $233,000.00
(assuming that DOE grant money was available) and the operations cost
was estimated at $57,050.00.
Other alternatives for handling the septage were reviewed including the
possibility of the County building a facility. It appears, Gary Rowe
continued, that based on the proposed changes the county should not
continue in the interlocal agreement with the City to pursue the plan
that they treat the County's septage. This would mean the City will
have to make alternative plans for the disposal of their sludge.
Currently the County is accepting septage at the County landfill because
a variance was granted by the State Department of Ecology. That
variance was granted based on the premise that the county would have
septage sludge treated at the city's Wastewater treatment plant as early
as 1991. The County needs to pursue actively an alternative plan for
septage treatment.
Commissioner Dennison moved to have the Public Works Director draft a
letter to the City advising them that based on the changes reported in
their cost estimates, the county does not intend to continue the
Memorandum of Understanding regarding participation in the treatment of
septage in the City's Secondary Sewage Treatment Plant. The city also
needs to understand that the treatment of the ci ty' s sludge at the
county landfill will have to be determined after further study, since
sludge and septage treatment are two different processes. The city will
be invited to join the County in doing the necessary research into this
issue. commissioner B. G. Brown seconded the motion which carried by
a unanimous vote.
~ires for the Animal Control Vehicle: It will cost $219.46 for
the replacement of worn tires on the Animal Control Vehicle, Gary Rowe
reported. The Board concurred that this cost be paid and that the City
be contacted and asked to pay half of this bill.
The Board also directed the Public Works Director to draft a letter to
the city advising them that the County will not be honoring its'
contract with the City and Bayshore Enterprises for Animal Control after
1991.
Letter Authorizinq Corroon & Black as Exclusive Broker for
Elected Officials Bonds and Request that SAFECO provide them with
Requested Insurance Information: Commissioner B.G. Brown moved to
approve the letter authorizing Corroon and Black as exclusive broker
with respect to the Bonds for the Elected Officials/Employees. Corroon
and Black is also authorized to request information about placing this
insurance for the County. Commissioner Dennison seconded the motion
which carried 'by a unanimous vote.
FACILITIES KANAGEKENT
MEMORANDUM OF UNDERS~ANDING re: Work on the olymnic/Discovery
~rail Plan: National Park Service: Planning and Programs Manager Carter
Breskin stated that the following entities plan to enter into a memoran-
dum of understanding asking the National Parks Service to be the
facilitator for the creation of a concept plan and implementation
strategy for the Olympic Discovery Trail: Jefferson county, Clallam
County, city of Port Townsend, City of Sequim, city of Port Angeles,
Port of Port Townsend, Port of Port Angeles, Clallam County Park &
Recreation District #1 and Peninsula Trails Coalition. Commissioner
Dennison moved to approve the Memorandum of Understanding as presented.
. V(}l 16 fA~ 00 899
,,~. ,
commissioners' Meeting Minutes: Week of November 5, 1990
Page: 4
commissioner B.G. Brown seconded the motion which carried by a unanimous
vote.
PLANNING AND BUILDING
Ap'Ç)roval and Adoption of Pope Resources Water Ouality Monitorinq
Plan: Deborah Bouchard, Water Quality Technician, reported that the
Pope Resources water quality monitoring plan which developed as a part
of the mitigated DNS issued for the Inner Harbor project, meets all of
the requirements of the mitigation. The Planning Department recommends
adoption of the program. Commissioner B.G. Brown moved to approve
Resolution No. 107-90 adopting the Pope Resources water quality
monitoring plan. Commissioner Dennison seconded the motion which
carried by a unanimous vote.
David Cunningham, Pope Resources, stated that there has been a lot of
work on this monitoring program by the County and a committee of
residents in the Port Ludlow area. The cooperative effort that resulted
in this plan was very important and everyone involved should be
applauded for their efforts.
Preliminary Plat Annroval: Teal Lake Village: 111 Lot Sinqle
FamilY Detached Residential Housinq Subdivision. Clustered Lots with 23
Acres Open Space: South Paradise Bay Road abuttinq ~eal Lake Road: pope
Resources: Associate Planner Jerry Smith reported that the Board needs
to address the comments received on the Mitigated Determination of Non-
Significance for this project. Jerry smith then reviewed the comments
received from the State Department of Ecology, Jefferson County Fire
Protection District #3 and the State Department of Fisheries.
State Department of Fisheries: In a follow-up letter the
DOE indicated that the mitigative measures imposed in
September will more than likely be sufficient to protect
the water quality of the Bay.
Fire District #3: The Fire District recommends that the
County consider improvements to Teal Lake Road to
minimize their response time. commissioner B.G. Brown
asked if the Fire District was asked why they would serve
this area using Teal Lake Road? Jerry smith reported
that he invited Brian McFerran, Fire Chief, for FD#3 to
this meeting, but he is not present.
Department of Fisheries: The DOF recommends, under a new
Washington Administrative Code (a project that generates
more than 5,000 square feet of impervious surface and the
stormwater from the projects drains into a fresh or salt
water body) an additional mitigative measure that would
require that the proponent obtain a Hydraulic Project
Approval for the stormwater drainage system on this
proj ect. This is a new rule from the Department of
Fisheries.
David Cunningham, Pope Resources, stated that the DOE has indicated that
the County's mitigative measures will cover their concerns regarding
stormwater management. Regarding the Fire District's concern, David
Cunningham noted that he drove the distances to see what the response
time would be from all three of the Fire District #3 stations to this
site. From the Shine station over Teal Lake Road took 5 to 6 minutes
(driving at a reasonable speed on that road), from Paradise Bay station
it's 3 minutes and it takes 4 minutes from the North Port Ludlow
station. The response time is shorter from the North Port Ludlow
station or the Paradise Bay station.
David Cunningham then noted that he discussed the Hydraulic proj ect
Approval comment with the local Fisheries agent who reported that he had
called the Attorney General and asked if a stormwater management program
was under their purview? The Attorney General stated that it was.
David Cunningham then asked the Fisheries agent if. he realized that the
. VOL
lß fA~ 00 900
L,.,"
commissioners' Meeting Minutes: Week of November 5, 1990
Page: 5
plat is ~ of a mile from the Bay? He advised that he did and still
feels that a Hydraulics Permit is required. Pope Resources will object
to a mitigative measure on the plat that requires an HPA for the final
plat. There are no standards for plats in the Hydraulics Permit
process.
Commissioner B.G. Brown stated that the County should investigate this
requirement further. Commissioner Dennison stated that the DOF just
says that an HPA is required, that doesn't mean that it has to be a
mitigative measure. The Board concurred that if an HPA is required,
then the DOF needs to deal directly with Pope Resources.
Since the Fire District has not provided any further input, then the
county can only assume that they will respond in the best way possible,
Commissioner Dennison added.
Commissioner Dennison moved to reconfirm the existing mitigative
determination of non-significance. commissioner B. G. Brown seconded
the motion. The motion carried by a unanimous vote.
Jerry smith then reviewed the preliminary plat and the Planning
commission recommendation. The Planning commission recommends that the
preliminary Teal Lake Plat be approved with 17 conditions of approvalo
David Cunningham stated that the Planning Commission made an appropriate
recommendation regarding the private driveways (see condition #17).
Conditions #14 and #15, are very close to the SEPA mitigative measures
imposed on this project. The second sentence in Condition, #15 "Road
improvements and pedestrian pathway shall be provided by the applicant
from Paradise Bay Road to the entrance to the subdivision," is saying
that no matter how the impact analysis turns out, the project proponent
will pay 100% of the cost of any necessary improvements to the county
Road. Pope Resources has no problem paying the portion of the cost for
improvements that are needed because of their development, but they are
not willing to pay for 100% of the improvements to that road when the
public uses the road also.
Sam Swanson, Planning commission Chairman, stated that the Commission's
concern is that the county might be subject to an amount like 50% of the
cost of the road. The recommendation for the pedestrian trail came from
the County Parks Advisory Board. David Cunningham responded that if the
Planning commission doesn't feel comfortàble with the Traffic Engineer
doing this study, then they will provide the name of three traffic
engineers for the County to choose from and will still pay for the
study. Commissioner B.G. Brown added that this road needs improvement,
even if this development does not proceed, and the County has known that
for several years.
Jerry smith reported that there is a technicality under the Subdivision
Act (ROW) which says that if the Board differs from the Planning
commission recommendation then they must hold their own public hearing.
The Board can ask the Planning commission to reconsider their recommen-
dation. David Cunningham asked that the Board hold their own hearing
instead of sending the project back to the Planning commission.
Commissioner B.G. Brown moved to set the public hearing for the Teal
Lake Preliminary Plat for 2:30 p.m. on November 26, 1990. Commissioner
Dennison seconded the motion which carried by a unanimous vote.
Shoreline Permit A'Ç)plication #SDP90-0009 secondary Use:
Construction of Recreational Dock and pier: Bridgehaven: David and xarti
Xathis: Association Planner Jim Pearson reported that this shoreline
permit is for a 40 x 6 foot dock and pier on the inside of the Bridge-
haven spit. This dock would be in line with the adjacent docks. 17
docks have permits in this area currently.
The question of how many docks will be permitted in the Bridgehaven area
was discussed. The Shoreline Commission has discussed this matter, Jim
Pearson reported. One more dock won't change the aesthetics or impact
~ VOL 16 fA~ 00. 9.o~
'~,
~..u~Iiit'~~
Commissioners' Meeting Minutes: Week of November 5, 1990
Page: 6
the resources any further because the resources in the area are
depleted.
This is a secondary use in the suburban and aquatic designation. This
permit application was reviewed by the Shoreline Commission along with
the staff proposed condition. The Shoreline Commission voted unanimous-
ly to recommend approval of the permit. commissioner Dennison moved to
approve the shoreline permit #SDP90-0009 for David and Marti Mathis as
recommended. Commissioner B.G. Brown seconded the motion which carried
by a unanimous vote.
state Environmental Policy Act Review and ~hreshold Determina-
tion re: Shoreline Substantial Develooment Permit #SDP90-0012: Rec-
reational Dock: Pleasant Harbor: Clifford Center: This environmental
review is for a proposed dock and pier in Pleasant Harbor, Jim Pearson
reported. This permit is for a recreational dock, to be constructed on
Lot 3 of the Pleasant Harbor Beach Tracts, a large lot subdivision. The
environmental checklist for this project was then reviewed.
The Department of Fisheries will be making a site inspection to look at
the eel grass issue and will make a comment on whatever SEPA action the
Board takes today regarding that issue. There is a Heron rookery and
an Osprey nest about 1,500 feet from this site. The Department of
wildlife will comment on what type of mitigation, if any, is needed for
these nests.
commissioner Dennison moved to issue a determination of non-significance
and lead agency status on this proj ect. Commissioner B. G. Brown
seconded the motion which carried by a unanimous vote.
Shoreline Setback variance: 20 Foot Variance: ~ Mile North of
McDaniel Cove on Hood Canal: Todd Gruenhaqen. Applicant: Todd Gruen-
hagen is requesting a 20 foot shoreline setback variance for a 1,700
square foot single family residence, Jim Pearson reported. This
residence will be constructed on Lots 1, 2 and 3 in Block 29 of
Belleview Plat. This property is situated between Hood Canal and
Highway 101 at McDaniel Cove on Hood Canal.
A minimum 30 foot setback, measured from the edge of the bank, is
required by the Shoreline Program. The applicant would have to blast
basalt rock in order to set the residence any further back from the
bluff. There are no houses within 300 feet of this proposed residence,
however, there are houses that are built closer to the bank than the
required setback along the shoreline.
Commissioner B.G. Brown moved to adopt the findings of fact and approve
the setback variance as recommended. Commissioner Dennison seconded the
motion. Commissioner Dennison then noted that this is a substantial
setback variance. Jim Pearson then reviewed the required findings
further. The Chairman called for the question. The motion carried by
a unanimous vote.
Bob Hull. Dave Woodruff and Barry Graham re: Update of the
Aquaculture section of the Shoreline Management Master program: Jim
Pearson noted that the Shoreline commission has finished work on the
update of the aquaculture section of the Shoreline Management Master
program which will be forwarded to the Board in the near future.
Bob Hull, Dave Woodruff and Barry Graham all urged the Board to hold a
public hearing on this updated section of the Shoreline Management
Master Program.
Establishinq Process and Membershio categories for Task Forces:
Resource Land/critical Areas: Desiqnation and Requlation: Senior
Planner Craig Ward reported that the following areas must be mapped and
have regulations developed for them: Forest Resource Lands, Mineral
Resource Lands, Agricultural Resource Lands and critical areas. Each
. VOL 16 rAGE 00 90~j
commissioners' Meeting Minutes: Week of November 5, 1990
Page: 7
of these areas would have a task force appointed to help in this
process. A schedule of proposed meetings for each task force was also
reviewed. All meetings would be announced and open to the public.
The Board will review this list further and let the Planning Department
know how and/ or if they feel it should be changed. The Board did concur
that the citizen representatives should be county residents.
* * *
Bill Goodhue and Lois 'l'Welves. Marrowstone Island community
Association re: Puqet Power sprayinq proqram: Lois Twelves, President,
Marrowstone Island community Association, introduced John McKeeson,
Vice-President and Bill Goodhue, Chairman of the Comprehensive Planning
Commi ttee, and Paula Macrow, Audubon Society. She advised that they are
here to state their opposition to the spraying of Garlon IV on Mar-
rowstone Island, as proposed by Puget Power.
Bill Goodhue then read a letter from the Marrowstone Island community
Association asking that the Board direct puget Power to abstain from
using Dow Chemical Company Garlon 4 herbicide on Marrowstone Island.
Commissioner Dennison asked Tom Brobst, Forester for puget Power, what
the schedule is for spraying on Marrowstone Island? Mr. Brobst stated
that there is concern for the ground and well water and the high aquifer
on Marrowstone Island. They have asked for maps and will personally
notify all property owners whose property they would be crossing. Since
this notification will take time, the program has been deferred until
next year. Next year they will work with the Department of Public
Works, notifying property owners, checking out the properties in-
dividually where concern has been noted, looking at the areas were work
is needed and checking where the wells are and then adjusting the
program around those areas.
Lois Twelves stated that the Marrowstone Island community Association
would like assurance that Garlon 4 will never be sprayed on Marrowstone
Island. She added that the dilutions that Puget Power says they are
using means nothing with an herbicide as toxic as Garlon 4.
Commissioner Dennison stated that since this program has been delayed
a year there will be time to look at this whole issue in more detail
before next year. Alternatives for vegetation management on the rights-
of-way can be explored. Lois Twelves asked if they could be involved
in the decision? commissioner Dennison answered yes.
Tom Brobst, puget Power, added that he has checked into the data gaps
referred to by Mr. Goodhue. The information he is working with is dated
1987. Garlon 4 has since been fully registered by the State of Califor-
nia EPA.
Paula Macrow, Audubon Society, said that Puget Power plans to spray a
larger area than just Marrowstone Island. Since this effects all plant
life and anything that's consumed along the rights-of-way by any form
of wildlife for up to two years, it is imperative that shellfish and
wildlife be considered. The Audubon Society is representing the rest
of the County on these issues. The County needs to address what they
are going to do on Hastings Avenue and the other rights-of-way.
Byron Swigart, Manager, Puget Power stated that he also disagrees with
some of the comments made in letter submitted by the Marrowstone Island
Community Association. puget Power has been working with the Public
Works Department on this program. That program included notification
and signage. A press release was also taken to the Leader. There is
now an opportunity to work with the residents, and the County to develop
a good program in the next several months.
The discussion continued regarding the data on Garlon IV and the
registration process. Tom Brobst reported in response to Commissioner
Dennison, that puget Power will be finished spraying in the balance of
, VP.~ 16 rAGE 00 '. 90';]
~ _';~h!;~~¡~t,}.~'i~~
commissioners' Meeting Minutes: Week of November 5, 1990
Page: 8
the County by the end of the week. Byron swigart added that when people
think of spraying they think of broadcast spraying of herbicides that
is typically done by the state of Washington along the roadside. That
is not what is being done. They are treating individual stumps with a
diluted solution of 2 ~ gallons per lineal mile. Of that 2 ~ gallons
only 25% is Garlon 4, 75% is mineral oil as a carrier.
commissioner B.G. Brown stated that since the program is essentially
complete there is nothing that can be done this year. Next year this
will have to be addressed before this late date. Commissioner Dennison
asked if puget Power is willing to do some water monitoring in some of
the areas that they sprayed this year? That was the compromise solution
that was agreed to when the count¥ reviewed the aerial application of
herbicides. Tom Brobst stated that he could not give a decision on that
question today. Commissioner B.G. Brown added that if this monitoring
could be done then there would be an indication if there is movement of
the herbicide out of the area where it was sprayed.
Bart Phillios. Director. Economic Develo'Ç)ment council re: Union
Wharf: Present were Bart Phillips, Director, Economic Development
council; Mark Huth, Deputy Prosecuting Attorney; Keith Harper, City
Attorney; Brent Shirley, Mayor, City of Port Townsend; and John Clise,
City Council Member.
Bart Phillips reported that there are two leases being negotiated with
the Developer, one with the DNR and one with the City (representing the
County and City interests). The intergovernmental agreement that was
discussed two weeks ago outlines the County's interest since the city
is representing the County's interest also. The City's lease has been
set up in 10 year increments with a buy back provision. The buy back
provision is only allowed if the City chooses not to re-lease the
property to the Developer.
Deputy Prosecuting Attorney, Mark Huth, noted the problems that he sees
with the lease as: 1) bankruptcy is not a default so that the buy back
agreement could go into effect in that instance, 2) if buy ~ack goes
into effect the sub-leases would be terminated, and 3) fair market value
could take a length of time to determine. He stated that the major
question is why does the County need to be involved at all? The county
only owns a small piece of this property. Commissioner B.G. Brown
stated that this issue was discussed early in the process and it was
determined that the County gave some stability to the arrangement.
Bart Phillips stated that the issues of: 1) the ability to lease long-
term (35 years), 2) financing long term, and 3) the process which the
County has to go through to lease surplus County property, all were part
of the decision for the County to keep its' interest and participate in
this project. At one time there,was discussion of the willingness of
the County to sell property to DNR. The Developer's attorney felt that
there would be a number of constraints placed on the project if DNR is
the owner of the property.
Mark Huth reported that this is tax title land and the Commissioners are
given broader authority to dispose of it. The County could make
arrangements to trade or sell its' portion to the city or the DNR,
without having to go through a public hearing, bid process, etc.
After discussion of more of the technical aspects of the lease, Mark
Huth again stated that the concern is why is the County involved? Bart
Phillips stated that another issue is when the County's interest will
be transferred - before or after the dock is repaired? He added that
the reason they need to keep as much of the property in the ownership
of the entities with long term lease ability is to help the developer
get financing. The ten year with rolling terms gives the developer the
comfort of a long term lease.
Mayor Shirley said that the transfer of the county's property to the
city can be pursued, but right now the concerns are aboùt the technical
aspects of the lease, which he feels can be worked out through amend-
ments to the lease.
~Vßl
16. fAGf 00 . 90~1
:_,
.3i/' J
Commissioners' Meeting Minutes: Week of November 5, 1990
Page: 9
Mark Huth continued that the lease should have some protection for the
City in the event of the buy back. What happens to the city and the DNR
in the case of a buy back, should be spelled out clearly in the lease.
Bart Phillips reported that the majority of the income producing
properties will be built on the City and County property. A restaurant
and meeting rooms are planned for the DNR property. Commissioner B.G.
Brown added that everyone should keep in mind that we want the project
to go forward because that is all that has kept DNR from proceeding with
their plans to demolish the wharf.
Paula Macrow, Audubon Society, stated that this development is not a
completed deal. There are questions surfacing about the SEPA review
process that was done. She feels this is an excellent time for the
County to back out of this project.
Monica Mick-Hager as~ed who the potentially liable parties are in this
proj ect if anything resul ts from the issues that are starting to
surface? Mark Huth stated that the Developer hàs included indem-
nification clauses in the lease to' cover the liabilities. She then
asked who would be liable if the SEPA issues arise? Mark Huth responded
that the SEPA review was done by the City and they are the lead agency.
As far as liability, he could not say, that is an issue that would have
to be settled in Court.
Mark Huth stated that there are a number of protections in this lease
for the government agencies involved. The Developer has the most at
stake in seeing that this project goes forward. They are addressing the
concerns as they come up. The discussion today is just to make sure
that the County and City and the DNR are protected.
The Board concurred that if the County can transfer their interest and
not hurt the project, then that action should be pursued. If the County
needs to participate then the reasons should be noted and brought back
to the Board so that the inter local agreement can be reviewed and
approved.
Paul Heimowitz. puget Sound Water Ouality Authority re: Presen-
tation of Final Plan: Paul Heimowitz and Carol Palmer, liaisons to
Clallam, Jefferson and Whatcom Counties for the puget Sound Water
Quality Authority came before the Board to discuss the final draft of
the puget Sound Water Quality Management Plan.
Paul Heimowitz reported that the public comment period on this manage-
ment plan closes this Friday. Four public hearings are being held on
November 7th and 8th with the closest one to Port Townsend being held
in Poulsbo on November 8, 1990. Mr. Heimowitz then gave the following
overview of the changes and new programs in the final draft of the
management plan.
1991 Plan
· Now a four year plan (previously on a two year cycle).
· Authority Board restructured. 11 members (previously 8
members) .
· The Chairman of the Authority Board is the Director of the
Department of Ecology and not the PSWQA Director.
· New section on Priorities: To help in implementing programs
when plan is not fully funded.
Mainly deals with new program or expanded program elements.
· Costs for plan in the '91-' 93 biennium is $93 million dollars.
$20 million goes to the Department of Natural Resources for
wetlands acquisition.
· Estuary Management and Plan implementation
Implementation/enforcement are included as plan elements.
Funding options include an excise tax on vehicles paid by
the manufacturer and a Marine Fuels Tax (together they are
expected to generate approximately $15 million).
· Fish and wildlife Habitat Program (New program).
lVßl
16 rAGE 00 B05
Commissioners' Meeting Minutes: Week of November 5, 1990
Page: 10
This program is now focused on aquatic systems relative to
water quality instead of being focused at the ecosystem
level.
· spill Prevention and Response (Expanded).
The Authority has adopted the recommendation of the
States/BC Task Force.
Navigation Conflicts the Coast Guard has recently
developed regulations on navigation conflicts.
· Monitoring Program
Emphasis on monitoring for pesticides (including her-
bicides).
· Research Program
· Foundation Program
Have authority to develop a public, non-profit agency for
research.
· Educational and Public Involvement
Tribal Field Agents
Pest Management
Plastic Marine Debris
· Household Hazardous Wastes
Pesticides
Local government costs.
· Nonpoint Source Pollution
Watershed Action Plans
Watershed Committees
· Shellfish Protection
Closure Prevention Strategy
Closure Response strategy
· Wetlands Protection - see later discussion of wetlands.
Wetland Standards required of local governments.
· Stormwater
Requires local government to comply with Authority require-
ments.
· Municipal & Industrial Discharges
· contaminated Sediments
Inventory of state land problem areas and linking that
information with GIS.
· Laboratory support
The wetlands program was then reviewed by Carol Palmer in a slide show
presentation. She reviewed the current program requirements for
wetlands. The wetland protection goal in the new program is "no net
loss and a proposed gain." The Authority's plan is working on the same
time lines for the same standards as those stated in the Growth Manage-
ment Act (HB2929).
Wetlands rating system:
Category I - Exceptional resource value (includes rare or en-
dangered species, etc.
Category II - Significant resource value.
Category III - Standard Resource Value.
Category IV - Ordinary Resource Value.
The required buffer size depends on the wetland category and the
proposed use intensity. On-going farming and forestry (that meet
certain criteria) activities may be excluded. Small wetlands (under an
acre) can be excluded.
Funding is available through the State Department of community Develop-
ment for the critical area inventory and through the State Department
of Ecology for the local government model wetlands ordinance and there
are pass through funds proposed in the '91-'93 PSWQA budget. Technical
assistance is available through the State DOE.
Commissioner Dennison questioned the deletion of the reference to the
Hood Canal Coordinating Council in a section of the plan. Teresa Barron
will check with Clyde stricklin at Kitsap county about a comment on this
deletion.
David Cunningham, Pope Resources, expressed concern regarding the
proposed minimum buffer required under the wetlands portion of this
. VOL
16 OQ . fr\o{r~_~:-'
''''~. ,,~
- -. rAGE -.._
" ;;~
~.+--r
"~,
lliillifi~,. ~
,.....>;<..,:.,'j¡:~
Commissioners' Meeting Minutes: Week of November 5, 1990
Page: 11
plan. He stated that the buffers proposed would cause serious economic
impacts to property owners. He asked to see the scientific basis used
in making the decision to set these buffers as minimum standards?
ADOPTION AND APPROVAL OF ~BE CONSENT AGENDA: Commissioner B.G. Brown
moved to adopt and approve the consent agenda as presented.
1. CONTRAC~ #1440-74178, Amendment #5 re: Funding Increases in the Human
Services Community Client Substance Abuse Services; State Department
of Social and Health Services
2. LOAN AGREEMENT #90-002 and promissory Note re: Water Quality Improve-
ment; Drew MacArthur and Pamela W. Elicker
3. AGREEKENT re; Jefferson County Recreation Department to Provide
Specialized Youth Services to Youth in Chimacum, Quilcene and
Brinnon; Jefferson County Human Services
4. Request for Payment from Emergency Trust Fund $551.40;
si te Sewage Disposal System for Clubhouse; Kala
Association
Repair of On-
Point Owner's
5. Approval of Purchase of Additional $5,000,000 in Coverage for the
General Liability Portion of the County's Insurance with the washing-
ton Counties Risk Pool
6. Request for payment of Fourth Quarter Allocation; Domestic Violence
7. Applications for Assistance from the Soldiers' and Sailors' Relief
Fund; Banks $350.00; Larry Kohrdt $440.00; Paul Anderson $50.00;
Russell Tupac $375.00; Herschel Atkinson $100.00; Thomas Forest
$22.40; Harry Ferbrache $500.00; Daniel Conner $400.00; and Lester
Harding $39.05
8. Resolution No. 108-90 Establishing Travel Allowance Rate for County
Employees Using Private Automobiles: Set at Rate Established by the
Internal Revenue Service (1991 rate is $.26 per mile).
commissioner Dennison seconded the motion' which carried by a unanimous
vote.
At 5:45 p.m. the Board met with the following people:
· Executive Session with Bruce Laurie and Mark Huth re: Upper Hoh
Road
· Executive Session with Assessor Jack Westerman and Mark Huth re:
A personnel issue
· Executive Session with David Goldsmith, planning and Building
Department Director and Mark Huth Deputy, Prosecuting Attorney
re: Potential Litigation.
After the Executive Sessions the Board attended a public meeting at the
Port Townsend Community Center regarding the Tourism Marketing Evalua-
tion Report.
/~""-""'«<"'-"''''-''''''-''''
MEET G~ 1ID.'~' . J;.Q~. ... iE.. 'j).,.
,~" . .,. J' ~ .*' '.; ..J'~-<c'
..,.,~ ..... . '-.'''''-4 (.0, \ +
.... ~ c.,' ." ~ f<£
~ " , · .;:rt
S .' . . t;. . ,n
~ . ...~ \t,;.~~... . . :!. 1
. .(f. ~~;,. ,'s;. .. '> .. I
\,-",. .....y.. . .
'. ',....t'~ ... .' ..
";:.... .<"so~_t~/ .
ATTEST: ,.~
·~~~D~tL9!~
Clerk of the Board ~
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
~.~
G rge .' Brown, Chairman
)
B. G. Brown, Member -
..
. VOL
16 lACE 00 907