Loading...
HomeMy WebLinkAboutM121090 MINUTES WEEK OF DECEMBER 10, 1990 Chairman George C. Brown called the meeting to order at the appointed time in the presence of Commissioner B.G. Brown and Commissioner Larry W. Dennison. APPROVAL OF MINUTES: The Minutes of November 26, 1990 were approved as read by motion of Commissioner Dennison, seconded by Commis- sioner B. G. Brown. The motion carried by a unanimous vote. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS State Environmental Policy Act Review and Threshold Determina- tion: Jefferson County Solid Waste Man~ement Plan: Jeff Frettingham, Environmental Planner for the Public Works Department, reviewed the environmental checklist on the Solid Waste Management Plan. He noted that the checklist only covers the plan and does not cover any project that may arise from the plan. Commissioner B.G. BroWn moved to issue a determination of non-signtficance on the Solid Waste Management Plan based on the findings of fact developed by the Solid Waste Advisory Committee and the Public Works Department. Commissioner Dennison seconded the motion which carried by a unanimous vote. AGREEMENT. Interlocal re: Reuional Trans'Portation Plannin" Organization: Clallam. Kitsa'P. and Mason Counties. Cities of Winslow. Port Anueles. SeQuim. Bremerton. Port Orchard. Poulsbo. Port Townsend. Forks. and Shelton: Public Works Director Gary Rowe reviewed the terms of the interlocal agreement that will provide for the formation of a regional transporta- tion planning organization with the public entities listed above. Funding for this pl~nning organization will come from all of the entities involved. There will be a Board of Directors and an Advisory Committee to govern and direct the organization. The interim lead agency will be the State Department of Transportation District #3. They will receive the funding for this organization until another lead agency is designated. ;. YO!. 1)1.6-' '1[- 00' SS3 r ..ü! Commissioners' Meeting Minutes: Week of December 10, 1990 Page: 2 Commissioner B.G. Brown moved that Jefferson County intends to join this regional organization and to approve and have the Chairman sign the Interlocal agreement for its' formation. Commissioner Dennison seconded the motion which carried by a unanimous vote. License to Use County Road RiJ!ht-of-Way; Hiller Drive: William D. and Margaret Audrey Plommer: Public Works Administrative Assistant, Eileen Simon, explained that the County had issued a license to use County road right- of-way for this portion of Hiller Drive to the owner of the adjacent property. The property was sold by that owner and this license will allow the new owner to use the right-of-way in the same manner. Commissioner B.G. Brown moved to rescind the license to use County road right-of-way issued to Charles Young (transferred from Audrey Seidel) and to issue a new license to William and Margaret Plommer. Commissioner Dennison seconded the motion which carried by a unanimous vote. FACILITIES MANAGEMENT Bid Award Brinnon Senior Center Roof Proiect: Gary Rowe reported that the low bid received for the Brtnnon Senior Center /Bayshore Motel roofing project from Brills Roofing, Kelso, did not meet the bid specifications and should be rejected. The next low bid was from Fields Roof Services, Inc. of Kent in the amount of $17,709.38 and the Public Works Department recommends that the bid be awarded to them. Commissioner B.G. Brown moved to reject the low bid from Br1l1s Roofing, Inc. because it was an improper bid and to award the bid to Fields Roof Service, Inc. of Kent for their bid of $17,938.78. Commissioner Dennison seconded the motion which carried by a unanimous vote. PLANNING AND BUILDING Field Assistance for the . Water Quality Program: Planning and Building Department Director David Goldsmith introduced Carol Broden who has been hired for the Water Quality Program. Proposed changes to the 1991 water quality section budget request were discussed which are planned to consolidate and improve water quality services. Exclude ApÐHcants' Property From Terms of Resolution No. 69-83 (Termination Point): Providing Demonstration and Assurance of Slope Stability; Steve and MarJ!e Wakefield. Paradise Bay Road: Associate Planner Jerry Smith reported that the property requested for exclusion from the moratorium is located north of the Hood Canal Bridge off of Paradise Bay Road. A resolution was adopted in 1983 which places a deveiopment moratorium on property north of the 'Hood Canal Bridge and adjacent to By-Water Bay. The resolution allowed for an exclusion from this moratorium if stability of the property can be proved. This request is to allow development of a three lot short subdMsion in this area. Gerald W. Thorsen, a Geologist, has reviewed the site and done a slope stability study with the following recommendations for development of the site as proposed: 1) M1ntm1ze soil and vegetation disturbance and "dead weight" loading on the bank by: a) preserving all vegetation practical. [VOL 16 f~t~ 00 95l~ Commissioners' Meeting Minutes: Week of December 10, 1990 Page: 3 b) removing any trees cut for view enhancement. c) avoiding deposition of clearing or other debris on bank. d) a community beach access (rather than lot-by-Iot). e) using stairs and ramps, rather than cuts, for trails. 2) Maintain and enhance natural bank toe protection by: a) not cutting down trees on upper beach until they die b) stabilize future bare slide masses by planting 3) To min1m1ze r11l1ng of uplands or gullying of bank: a) coordinate and control storm drainage b) plant bare surfaces as soon as practical c) conduct any runoff from uplands to beach in pipe d) carefully plan any drainage of swampy area (southwest comer of property) 4) To maintain apparent stability of probable ancient scarp (south edge of property ): a) avoid cutting and/ or any construction on or below scarp b) divert upland runoff from apparent slide area The Planning Department recommends that this exception to the moratorium be approved subject to six conditions developed from this recommendation as outlined in the draft resolution. Commissioner Dennison stated that he is concerned with the conditions in the resolution because they are too general. Commissioner B.G. Brown agreed that the conditions must be stated clearly so that future property owners can be made aware of what they may and may not do on this property. Commissioner Dennison moved to table action on this request until more specific conditions are developed for protection of the bluff. Commissioner B.G. Brown seconded the motion which carried by a unanimous vote. Appeal of a Certificate of Compliance ,CCSS-90 Issued for a Home Business Involving Repair and Replacement of Auto and Window Glass: Robert Bowman. Wa Wa Point. Brinnon: Jerry Smith reported that under the provisions of the Development Code a permit was issued to Robert Bowman for a home business located in a residential area of Brinnon. The P1Rnning Department staff makes an administrative decision on the approval of this type of permit application. Mr. Bowman's permit was issued for a glass business which includes windshield repair and other types of glass repair. 13 conditions were defined for this permit which included items such as the maximum number of persons that can be employed on the site, the type of signs per- mitted, parking, lighting, hours of operation, and noise levels allowed. Two adjacent property owners have complained about the issuance of this permit, Jerry Smith continued. The Development Code requires that the issues raised by complaints be resolved by the Board for the certificate of compliance to be maintained. The Board must determine if the permit should be allowed as issued, revoked, or should have additional conditions placed on it. Commissioner Dennison noted that one of the letters of complaint concerns the easement for ingress and egress to the property. This is not a matter in which the County is involved. Arthur Abe: Arthur Abe stated that Mr. Bowman does not have direct access to his property from a public road and that is why he has an easement across his property. There have been problems in the area with strangers coming on to his property looking for Mr. Bowman's property. A twenty foot easement on the north side of his property was granted to Mr. Bowman. Another property owner, Mr. Nystrom, has also granted an easement to Mr. Bowman for access. , , i I i I 1...., ._,-, ",.,. [VOl 16 fAtE 00 Q~; IE' ....ûu """'"' Commissioners' Meeting Minutes: Week of December 10, 1990 Page: 4 Commissioner Dennison asked if the Planning Department was aware of the easement when the permit was issued? Jerry Smith reported that he was not aware of the easement before the permit was approved. Mr. Abe stated that he did not give an easement for the public to go across his property. Commissioner B.G. Brown reiterated that what was intended by the easement is a legal question. Mr. Abe said that he should have been notified before this home business permit was issued, not after it was issued. He added that Mr. Bowman could possibly be granted an access easement from the State across their property which is also adjacent to Mr. Bowman's. Donald Nvstrom: Mr. Nystrom stated that he is not here to take away a man's basic right to have a business in his home. He added that on December 12, 1989, after Mr. Bowman applied for a building permit on a large garage, he and Mr. Abe submitted a letter to the Building Department asking that they be notified if Mr. Bowman applied for a permit to put a business on his property. Mr. Nystrom continued by noting that there have been some problems with people speeding acrosS his property. Commissioner Dennison quoted from the conditions of approval that were issued with the permit in whi~h #9 states '~s a home business, the auto and window glass repair/replacement use shall not adversely affect the use or enjoyment oj surrounding properties and shall be consistent with and maintain the rural character of the surrounding area." He questioned whether that condition is being met by this home business? Mr. Bowman reported that a vehicle as large as a logging truck can come into his property and there is plenty of room for it to turn around. He noted that the easement is suppösed to be 20 feet, but the road is currently less that 8 feet wide. David Goldsmith, Planning Director, reported that the Development Code requirements presume. that a home business application is valid when it is submitted. An application is reviewed against the definition in the Ordinance, and the scale of the business. Conditions of approval are developed, and then the adjacent property owners are notified when the permit is issued. Mr. Bowman added that he has supplies and stock delivered to his home. When he installs a windshield, it could be on any size truck. If the weather is good the work can be done off-site, but if it ~n't then the work is done at his garage. He wants to place a 2 by 4 foot directional sign at the beginning of the road so that customers are directed to his property. Mr. Nystrom stated that he has no objectioµ to a delivery truck bringing in windshields, but he does not want people co~g in and out to have work done at this site. I Commissioner Dennison asked why Mr. Bo~an didn't locate his business in a commercial area? Mr. Bowman responq.ed that he tried to locate at a property in Brinnon but there were too m~y problems with the site that couldn't be resolved. Commissioner Dennison added that the issud is whether this home business is compatible with the neighborhood. He the~ moved to table action on this appeal and to hold the permit in abeyance Until the issues in this matter can be reviewed. Commissioner B.G. Brown sec~nded the motion. Commissioner B.G. Brown and Commissioner Dennison voted for the motion and Chairman George Brown voted against the motion. Public Involvement Process; Recdmmendations for Designations; Resource Lands and Critical Areas: Senior Planner Craig Ward came before I tVßL 16 fAtE 00 9'56 WI!. Commissioners' Meeting Minutes: Week of December 10, 1990 Page: 5 the Board for additional direction on how to proceed with the formation of the Task Forces that are required to be established by the Growth Management Act. He reported that 32 applications have been received from persons interested in serving on one of these Task Forces. There are 15 volunteer positions on these task forces. Of the 32 applicants only seven are unRfftHated with industrial or environmental groups and nine applicants are women. Only nine applicants are not from the Port Townsend area. Commissioner Dennison asked that the exact tasks of these advisory Task Forces be stated clearly. Craig Ward reported that the Growth Management Act outlines the policies for the protection of these lands. The Task Forces will make their recommendations to the Planning Commission so they are only an advisory group, just as the Planning Commission is an advisory board to the County Commissioners. Commissioner Dennison stated that it is his understanding that the Task Forces are only charged with the gathering of information. Craig Ward added that they will be involved in drafting ordinances which will be forwarded to the Planning Commission for their review. David Goldsmith reported that any regulations that are proposed will only be for adoption for an interim period until the Comprehensive Plan can be updated and revised. Commissioner B.G. Brown added that the critical areas have to be identified before plRnl1ing can be done to provide for where urban growth will happen in the County. Commissioner Dennison suggested that after the first of the year a couple of public forums be held to explain what these Task Forces are going to be working on. The selection process should be delayed until after those forums are held and maybe more people will be interested in volunteering to work on one of them. Craig Ward stated that he feels that a public forum is a good idea and after they are held then the application process could be opened again to see if any one else will volunteer to serve on these Task Forces. Julie Jaman, representing the Watershed Council, presented and read a letter from the Council regarding the formation of the Task Forces. Craig Ward asked for direction on whether he should invite specific groups such as the Indian Tribes, to be part of the Task Forces? The Board suggested that a notice of the meeting be sent to the Tribes advising them of the public forums and asking that they have a representative attend. . . . Mrs. Jack Gummer re: Herbicide SpraWl! by Pu,et Power: Mrs. Jack Gummer stated that she has talked with Puget Power about their her- bicide spraying program and they indicated that Discovery Road would not be sprayed, but it has been sprayed. She stated that the information that Puget Power has been giving out about where they are spraying has not been very accurate. She asked the Board to help in making sure that Puget Power gives more accurate information to the public about where and when they will be spraying in the future. ADOPTION AND APPROVAL OF THE CONSENT AGENDA: Commis- sioner B. G. Brown moved to approve and adopt the items on the Consent Agenda as presented. Commissioner Dennison seconded the motion. The motion carried by a unanimous vote. 1. Applications for Assistance from the Soldiers' and Sailors' Relief Fund; Herschel L. Atkinson $50.00; Paul A. Anderson $50.00 ~ val 16 rAGE 00 G t.~~ rJ'LJ'!;I Commissioners' Meeting Minutes: Week of December 10, 1990 Page: 6 2. Request for Release of $15,000 from the Port Townsend HUD Loan Repay- ments; For Rehabilitation and Preservation of Certain Buildings in Port Townsend; City of Port Townsend 3. Request for Payment of $2,713.26; For Improvements to EMS Radio Com- munications; Emergency Medical Services Council of Eastern Jefferson County. 4. GRANT AGREEMENT TAX90094, Amendment #2 re: Revised Scope of Work, County-wide Storm water Management Program; State Department of Ecology 5. Approval of State Liquor License Special Occasion Application; South Bay Community Association for December 31, 1990 Friends of Midd1e~oint re: Neis:hborhood Concerns: Twenty-seven interested area residents were present when Chip Keen, Middlepoint propertY owner, gave a brief history of the formation of the Friends qf Middlepoint group. He noted that the group has been in existence for a week and a half and stated that the group wants him to convey to the Board that they all love the Mid- dlepoint area. Mr. Keen reported that a piece of property that adjoins the point (McCurdy Point) has been purchased by Tom Beavers (ERA Real Estate) who is reported to have plans for development of it. David Janos stated that he is a property owner and resident of the Middlepoint area. He then presented petitions with over 400 signatures asking the Board to "give this area highest priority for conservancy and initiate immediate, ap- propriate action to inventory and protect this extraordinary habitat." He noted personally that the Qutmper Peninsula has a special quality that needs to be preserved. Alex Fowler read and submitted a letter regarding the need to preserve the Middlepoint area. . Sebastian Eggert read and submitted a letter written by Debaran Kelso, a wildlife biologist, who is currently inventorying old growth timber in Oregon. Bonnie Cullen, resident of Middlepoint, stated that she has been living adjacent to this land since 1982. This area has a special feeling and is already a sort of nature preserve. She encouraged the Board to keep a few natural areas in this eastern portion of the Qutmper Peninsula. Jerry Busic, 312 Middlepoint, stated that many people have moved to this area and built their homes. Each one of these developments has taken away from the primitive nature of this area, but they have been done one at a time. The impending loss of a larger tract (Mr. Beavers 40 acres) is what brought everyone in the area together to voice their concerns about what happens in the future. He would like this area to remain primitive, even if it is set aside as a park. Chairman Brown asked how far along Mr. Beavers is with ·his plans for this property. Mr. Busic stated that Mr. Beavers has surveyed the property and has had machinery in to dig perc holes. A forest practices permit application has not been submitted yet. Julie Jaman submitted a document from Bob Crowley, Quilcene Ancient Forest Coalition, stating that a survey of environmentally sensitive areas is needed before any development is considered in this area. She then read and sub- mitted a letter asking that the Board implement an immediate moratorium on any subdivision plans or development in this area until five proposed conditions are met. One man added that he spoke with Mike Cronin of the DNR who indicated that the parcels in this area managed by the DNR (School Trust Lands) may be sold by their Real Estate Division. lVoc. 16 rA~t 00 G) r.-; If:) v· ~JlOI . . Commissioners' Meeting Minutes: Week of December 10, 1990 Page: 7 Chris Marrs stated that he read that the Governor is allowing the State to increase its' debt to allow the purchase of environmentally sensitive areas. Frank Converse stated that the cheapest way to preserve some of these lands is to designate them as open space which provides some protection for what is done with the land and provides some tax relief to the property owner. The Board indicated that they would be willing to consider that type of application, but the property owner(s) must take the initiative to apply for that designation. Commissioner B.G. Brown stated that research can be done to see if the County has the authority to place a moratorium on development in this area. There is no project currently proposed for the this area that has come before the Board for review. Alex Fowler added that the Board needed to know that development is being planned in the Middlepoint area. Frank Converse asked if the Board could let them know what steps they will be taking with this information? Commissioner Dennison stated that they will check with the Planning Director and the Prosecuting Attorney to research what authority the County has regarding the imposition of a moratorium and "they will contact the/State Department of Wildlife regarding this area. ...;ø.~>-~~ ME~~l~:AP.-q?ÙR~ED 1',....>.... . of." .~"'""""'-. J .. '~ 2\e'." · -........ø " .. .'-' ~,.-' --) ~ S . '. .7.i{.· .. ~".¡¡ '. </. \ ~'.' 'v' - , ,·~;t .... -, /' ~, ~ . "/~/..'i.~. J". .... '.' ·.1 ~..-i' . t ,';¿ \t- . ,;./ . ,. . " .. ......./', "-,<¡-, \\.' . ,/... .. ,,/ . '\11 .... .. ~~.. .. J. ....'"'.0' " . ,."'"....d~ R "~--'. ...,. ,,~ ..,1: ¡;' ,_ ' 1'. . .. ... J . " .' .... .fì ... "" \Þ ",-<,., ) \J ... ATTEST~'~-- ^~\IM~ ~~a L. Delaney, (f Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS George C. Brown, Chairman B.G. Brown, Member ; Vo.t.. 16 ·00 DS~· '. rACE . .