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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