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MINUTES
WEEK OF 3UNE 26, 1989
The meeting was called to order by Chairman George C. Brown in the
presence of Commissioner B. G. Brown and Commissioner Larry W. Dennison.
HEARING re: County Road Vacation Petition RV08l0; A Portion of II th
Avenue in Riverside Addition to Irondale; Port Townsend Realtv: Administra-
tive Secretary, Eileen Simon, reviewed the findings and the agency responses
for this petition to vacate a portion of 11th Avenue lying between Blocks 1
and 2 in the Plat of Riverside Addition to Irondale. The length of the
right-of-way requested for vacation is 200 feet with a width of 50 feet.. The
petitioner is requesting this vacation to allow for the additional property
for the construction of several small dwellings. The area requested for
vacation would be used for septic system drainfields.
The following agency responses were reviewed:
The Public Works Department recommendation is for denial of the
petition as submitted. If the right-of-way was vacated as peti-
tioned there would be no access to the north lots in Block 1 and
2 and access to Chimacum Creek would be blocked. After a site
inspection was made by the County Engineer and Planning Director,
an alternative was recommended which is to vacate all streets and
lot lines and dedicate a conservation easement from the top of
Chimacum Creek Canyon to the creek.
The Assessor's Office reported that the assessed value of the area
to be vacated is $1,000.00, and noted that since it is not possible
to cross Chimacum Creek on Maude Street, 11th Avenue provides the
only platted access to the back lots on Blocks 1 and 2. The
vacation would effectively cut off access to these lots.
The Planning Department recommends that all of Blocks 1 and 2,
Maude Street and the portion of 11th Street be vacated, since this
is an isolated plat surrounded by acreage and the vacation as
reTAestedwould effectively cut off access to the lots of fronting
on Maude Street as well as public access to Chimacum Creek. They
also recommend that a pedestrian access and conservation easement
along ChimaclAm Creek from Kincaid Street to the north boundary of
the plat.
The Planning Commission recommends approval of the vacation regllest
contingent on the applicant exchanging a piece of property of the
same size along the west boundary of Block 2 of the Riverside
Addition and that the no compensation bereTAired.
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Commissioners' Meeting Minutes: Week of ,June 26, 1989
Page: 2
Richard Spindor representing Realty World - Port Townsend Realty, explained
that acceptable soils for on-site septic systems were found on the property
near the 11th Street right-of-way and this area would be used for the septic
system drainfields if the vacation is approved. After a survey was done it
was found that seven two bedroom and one three bedroom home could be placed
on this 10 acre parcel, if this street is vacated. As far as the Planning
Department concern about access to lots in Block 1 along Maude Street, Mr.
Spindor noted that there is no public access to the property on this side of
Chimacum Creek. There is a private access to this property. Commissioner
Dennison suggested that a pedestrian easement could be granted on the vacated
right-of-way, which would meet the State requirement that access be provided
to the Creek. Mr. Spindor noted that he would not be able to build homes on
the property located on the Maude Street side of this plat. He added that
he would be willing to trade the property as suggested by the Planning
Commission.
Dick Spindor stated that he sees two alternatives, 1) move the right-of-way
to Block 2 as suggested by the Planning Commission, or2) provide a pedestri-
an easement. Houses would have to be placed off of Kincaid and Horton
Streets because of the topography of the land in this area.
Gary Rowe explained that the Planning Department was addressing a technical
issue. The Planning Department and the. Planning Commission gave two
different recommendations. The Planning Department recommended vacating the
lot lines in Block 1 (to resolve the question of access to the lots along
Maude Street) as well as the street and that a conservation easement be
dedicated to provide public access to the Creek. The Planning Commission did
not address a conservation easement, their recommendation was to exchange an
equal amount of property in Block 2 for the vacated 11th Avenue easement.
Dick Spindor stated that providing a conservation easement is an unacceptable
al ternative to him. The frontage of this property on the creek means
something to someone who may develop this property in the future and an
easement such as this would not be desireable. He added that there is public
access to the Creek from the east on Maude, Kincaid and Horton streets.
Commissioner Dennison moved to approve the vacation as recommended by the
Planning Commission with the condition that the property exchange occur and
that no compensation be re~Aired. Commissioner B. G. Brown seconded the
motion which carried by a unanimous vote.
BUSINESS FROM COUNTY DEPARTMENTS:
PUBLIC WORKS
BEARING re: Six Year Transuortation Improvement Proaram: Chairman
George C. Brown opened the public hearing. Public Works Director, Gary
Rowe, reviewed the Six Year Transportation Improvement program:
1) Beaver Valley Road South - Improvements - milepost 6.90 to Oak
Bay Road for 0.77 miles.
2) Oak Bay Road - Improvements - from Swansonville Road to v
Paradise Road for 1.07 miles.
3) Swansonville Road - Intersection Improvements - Beaver Valley Road
4) Beaver Valley Road North - Improvements -from Larson Lake Road to
milepost 6.9 for 0.50 miles. ,
5) Third Street - Improvements - between D and Mason Streets for 0.11
miles.
6) Old Hadlock Road - Traffic circulation and engineering study.
7) Four Corners Road - Intersection Improvement - Fou.r Corners/Airport
Cutoff and Rhody Drive
8) Airport Cutoff Road - Airport Road intersection improvement.
9) Portage Canal Bridge Fender Replacement
10) Upper Hoh Road Milepost 1.80 to end of road - Engineering study
for Hoh River Corridor.
11) Paradise Bay Road - Improvements -- milepost 0 to 0.61
12) Irondale Road - Improvements - milepost 0 to 0.65
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Commissioners' Meeting Minutes: Week of June 26, 1989
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13) Chimacum Road - Improvements - milepost 0.08 to 0.35 \
14) Rhody Drive overlay and Anderson Lake Road Intersection improve-
ments.
15) Irondale Road - Overlay - milepost 0.65 to 1.63
16) Rhody Drive - Improvements - milepost 4.70 to 5.10
17) Dosewallips Road - Reconstruction - milepost 0 to 0.51
18) Ness's Corner Road - Intersection Improvements (Cedar Avenue) -
milepost 0.28 to .068.
19) Cook Avenue Extension - Improvements - milepost 0.00 to 0.62
20) Duckabush Road - Improvements - milepost 0.00 to 1.02.
21) Snow Creek Road - Improvements - milepost 1.44 to 3.03.
22) Undie Road - Improvements - milepost 1.44 to 3.03 for 1.45 miles.
23) Rocky Brook Road - Reconstruction - milepost 0 to 0.37
24) Safety Projects Countywide
25) Bridge guard rail project countywide
26) Miscellaneous projects
The funding for the plan was then reviewed. The total estimated cost for the
plan is $5,681,000 over the six years. State and federal funding for the
projects in the plan was reviewed. Hearing no comment for or against the
plan, Chairman George C. Brown closed the hearing. Commissioner B. G. Brown
moved to approve and sign Resolution No. 55-89.adopting the Six Year Road
Transportation Program as presented. Commissioner Dennison seconded the
motion which carried by a unanimous vote.
AGREEMENT re: Consultant for Preliminary EnGineerinG: CR08l6 and
CRe8l7: David Evan, Associates: The preliminary engineering for several
projects are included in this contract Gary Rowe reported. Commissioner B.
G. Brown moved to approve the contract as presented. Commissioner Dennison
seconded the motion. The motion carried by a unanimous vote.
Notice of HearinG on Application for Franchise: Citv of . Port
Townsend: This franchise application is for the City of Port Townsend water
service areas located outside the City limits. Commissioner B. G. Brown
moved to approve Resolution No. 56-89 setting the public hearing for the
franchise application submitted by the City of Port Townsend for July 10,
1989 at 10:30 a.m. Commissioner Dennison seconded the motion which carried
by a unanimous vote.
FACILITIES MANAGEMENT
AGREEMENT re: Archi tec1:ural Consultant Services: Port Townsend
Community Center: Miller Hull Partnership: Carter Breskin reported that this
is a revised agreement with the Miller Hull Partnership in which they have
agreed to lower their fee as well as to make some other changes. The form
is the standard AlA format. The County will be managing this project, and
Miller Hull will visit the site once each month.
Commissioner B. G. Brown moved to approve the agreement with the Miller Hull
Partnership as presented. Commissioner Dennison seconded the motion which
carried by a unanimous vote.
HUMAN SERVICES
AGREEMENT No. 89-10-03re: Children's Proaram for the Provision
of Earlv Intervention Services to Children AGes 0-3 by the ,Jefferson Countv
Heal th Deuartment.~ Jefferson County Human Services: Commissioner B. G. Brown
moved to approve the agreement between the Health Department and the Human
Services department for Early Intervention Services to Children ages 0-3.
Commissioner Dennison seconded the motion which carried by a unanimous vote.
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Commissioners' Meeting Minutes: Week of .June 26, 1989
Page: 4
CONTRACT No. 1445-74479 re: C,mmunitv Alcoholism and SUbstance
Abuse Prevention and Earlv Intervention bV Human Services: WashinGton State
Department of Social and Health Services: Commissioner Dennison moved to
approve the contract with the Department of Social and Health Services for
the community alcoholism and substance abuse services provided by the Human
Services Department. Commissioner B. G. Brown seconded the motion which
carried by a unanimous vote.
CONTRACT No. 89-l0-o5 re: GrouD Supported Emplovment with 3'effer-
son County Human Services: Skookum 3'umu RODe Co.: The contract between the
Human Services Department and the Skookum .Jump Rope Company was approve by
motion of Commissioner Dennison, seconded by Commissioner B. G. Brown. The
motion carried by a unanimous vote.
PLANNING AND BU'ILDING
Final BindinG Site Plan. Port Ludlow Recreational Vehicle Park.
Phase 2: ADPlicant. PODe Resources. Inc.: Assistant Planner ,Jerry Smith
reported that Phase 2 of the Port Ludlow .Recreational Vehicle Park project
involves 20 sites. The Public Works Department, Health Department and the
Planning and Building Department have reviewed this phase of the project and
recommend final site plan approval. The Planning Commission also recommends
approval.
David Cunningham, representing Pope Resources, reported that this is a
commercial recreational vehicle park. Commissioner Dennison moved to
approve the final binding site plan for Phase 2 of the Port Ludlow Recrea-
tional Vehicle Park with the conditions as recommended by the Planning
Commission. Commissioner B. G. Brown seconded the motion which carried by
a unanimous vote.
Shoreline ManaGement Substantial Development Permit: No. 89-12: RiD
Rap and Sedimentation Pond Construction: Chimacum Creek LOG ProcessinG Yard:
Port Townsend PaDer COrPOration: Assistant Planner ,1im Pearson reported that
this proposal is to place 1,200 feet of rip rap along the shoreline of Port
Townsend Bay and the lower Chimacum Creek estuary at the Chimacum Creek log
processing yard operated by Port Townsend Paper Company. The property is
partially owned by George Cotton and the Port Townsend Paper Company.
The rip rap was to be placed from zero feet to five feet seaward of the toe
of the existing bank. The rip rap is proposed to be about five feet thick.
This area is subject to heavy wave action.. The base of the rip rap will be
set three feet deep in the beach substrate. Approximately 670 cubic yards
of material will be excavated to place the base of the rip rap.
Approximately 385 cubic yards of excavation would be within the estuary of
Chimacum Creek. ...Tim Pearson reported that he based this determination of the
beginning point of the estuary on the shoreline program definition of an
estuary as well as the U.S. Fish and Wildlife Service map designation of the
area. Several sediment ponds are planned to handle the runoff from the site.
The proposal is a conditional use as defined by the Shoreline Management
Master Program.
,Jim Pearson then reviewed the findings for the Board. He explained that this
is a unique area. There is an urban designation on the uplands which has had
an industrial type operation on it for a number of ye~rs. These uplands are
next to a natural designation for the marine area as well as the estuary of
ChimaclIm Creek. There have been problems in the past in this area with smoke
and erosion. Earth bark and rock have been pushed over the bank during the
log storage operation. A condition that another sedimentation pond be
constructed was part of the State Environmental Policy Act review.
The conditions recommended by the Shoreline Commission were then reviewed.
Julie Bondy, Land Use Planner for NT! Clark and Associates of Port Angeles,
representing the project proponent, introd~ced Dave Hanna, Project Engineer
and .Joe Melton, Development Manager. Brent Burbidge of Port Townsend Paper
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Commissioners' Meeting Minutes: Week of .June 26, 1989
Page: 5
The conditions recommended by the Shoreline Commission were then reviewed.
,Julie Bondy, Land Use Planner for NTI Clark and Associates of Port Angeles,
representing the project proponent, introduced Dave Hanna, Project Engineer
and ,Joe Melton, Development Manager. Brent Burbidge of Port Townsend Paper
Company and Mr. George Cotton were also present. Ms. Bondy stated that there
have been differences of opinion between NTI and the Planning Department
staff regarding the technical portions of this proposal. She stated that she
will be addressing findings six through nine and the Shoreline Commission
recommendations.
II
7:
This is a shoreline defense project to protect an
eroded sho~eline. She asked that this finding be
struck because it has nothing to do with the pro-
ject.
The Chimacum Creek estuary is not shel tered from the
prevailing southerly and northerly winds. Thisfinding
is not accurate and should be deleted.
This finding is not accurate.
The promontory exists because of the erosion that has
happened over the last three years. This area consists
of rock, pit run, earth and fill. It is not just wood
wastes.
Finding 6:
II
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8:
9:
As far as defining the estuary, Ms. Bondy continued, one of the primary
pieces of evidence is the U.S. Fish and Wildlife Service map. She then
presented and discussed a plat map from 1910, as well as surveys done in 1985
and 1988, which indicated the change in the shoreline in this area. The
determination of the boundaries of the estuary were then discussed as well
as the ways to define an estuary. There are no wet soil plants in the area
defined by the Planning Department as estuary. Commissioner Dennison asked
if the estuary can change when the shoreline changes (for example when fill
is placed on the site)? ,Julie Bondy stated that the proponent needs to find
a way to prevent the loss of land to keep the undercutting of the bank which
causes the wood wastes to. fall into the bay. The discussion continued
regarding the area defined as estuary.
,Judy Bondy stated that there was an agreement with six conditions when the
Mitigated Determination of Non-Significance was issued and now there are 15
oonditions. The proponent has no problems with the conditions until they get
into the placement, the height and the slope, etc. of the rip rap. The
following conditions are a problem, Ms. Bondy noted:
l.d: Not allowing the placement of rip rap in the area of the
promontory because that area is not used. The project
proponent wants to protect everything that is left.
1.e: Need to go higher than two feet in height with the rip rap.
This was an exception to a condition removed by the Shoreline
Commission.
,Joe Melton, Development Manager, stated that this project was designed to
protect the applicants property. He explained that if the rip rap is placed
where this condition indicates, land would be lost from the property site.
Any loss of property on this site will interfere with the use of the site.
Julie Bondy continued with the conditions that are a problem for the
proponents:
4. Modification to require a standard catch basin.
5. Double cell versus single cell construction of detention pond.
This double cell model came from a King County program. The
proponent would like this condition modified to say that the design
would be worked out with the County Engineer.
6.a: Would like to work this out with the County Engineer.
10: Want to make the focus of this project the shore defense work.
Concerned about the part that says "Proposed plans for regularly
removing accumulated bark and wood debris from the site in order
to prevent fires." This is a management issue. Do not feel that
this condition is acceptable to this particular project.
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Commissioners' Meeting Minutes: Week of ,June 26, 1989
Page: 6
bottom line is water quality, then the only way to gl1.arantee that water
quality is maintained is to do water quality monitoring. ,Joe Melton stated
that to monitor the water won't tell anyt~ing because there isn't anything
to compare with from the past. ,Jim Pearson stated that there would be an
natural increase in turbidity because of the creek during the winter and that
it would be difficult to do a water quality monitoring program. Dave Hanna
stated that the Fisheries biologists should handle the water quality criteria
because they know what effect it will have the fish. They can do this
through the hydraulics permit process.
A lengthy discussion continued regarding possible changes to each of the
conditions that the project proponent objects to as well as the definition
of estuary, how to ensure water quality, and the engineering of the rip rap
at various points along the shoreline.
Commissioner B. G. Brown moved to table action on this permit until 2:30 p.m.
on Tuesday. Commissioner Dennison seconded the motion which carried by a
unanimous vote.
Tuesdav - ,June 27, 1989 2:30 p.m.: Commissioner Dennison moved to take the
project off the table. Commissioner B. G. Brown seconded the motion which
carried by a unanimous vote. ,Julie Bondy submitted changes to several
findings and an alternate list of mitigating conditions for this project
based on the items discussed at yesterday's meeting. She then reviewed the
list.
Commissioner Dennison asked the staff to respond to these proposed changes.
After more discussion of the way the boundary of the estuary was determined
and how it should be determined, Commissioner B. G. Brown stated that there
are two things to determine: 1) Where the estuary begins and 2) What will be
allowed in the estuary. Without data on the salinity of the water, it is
hard to determine where the estuary starts. Commissioner Dennison stated
that he feels the most important part of this area is from Point B back
because you are actually on the creek. The discussion turned to the wave
action where the rip rap stops.
Commissioner Dennison stated that he has a problem with deleting findings.
It was a consensus of the Board that the findings be left as presented by the
Planning Department.
The discussion turned to the meaning of the term "Ordinary Highway Water
Line. " .Jim Pearson added that there are a number of areas along the
shoreline where vegetation will not grow because of the saltwater. That
line is the line of ordinary high water and the rip rap should be placed
above that line. David Goldsmith suggested that the State Department of
Ecology stake the line of ordinary high water on the site. Condition 1.a
could be changed to say "It shall be landward of the line of ordinary high
water as determined by the State Department of Ecology."
The discussion then turned to Conditions 4, 5 and 6 as recommended by the
Shoreline Commission. County Engineer Bob Nesbitt stated that there are some
alternatives to double cell sedimentation traps for this site. He recommends
that he be allowed to work with NTI Clark and Associates on this matter and
then bring a recommendation back to the Board.
The following changes were agreed to by all parties in the suggested
mitigating condition submitted by the NTIClark and Associates:
1.a - This condition shall read nIt shall be landward of the line
of ordinary high water as determined by the State Department of
Ecology.n
Shoreline Commission Condition l.d: Commissioner B. G.
Brown stated that he doesn't see the advantage of leaving
this point without rip rap. David Goldsmith stated that
this condition is a result of the concern expressed by
the State Department of Fisherie$ and is straight out of
the Shoreline Program. Julie Bondy stated that this
concern will be addressed by the State Department of
[VOL 15 r~(: 00 3174
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Commissioners' Meeting Minutes: Week of .June 26, 1989
Page: 7
Fisheries when they issue a hydraulics permit for this
project. David Goldsmith added that the kind of rip rap
that they proposed .is more extensive than will be
acceptable to the Department of Fisheries. Brent
Burbidge, Port Townsend Paper Company stated that he
doesn't think they would excavate this point away. It
would be left.
David Goldsmith suggested that a one rock bulkhead or a
vertical bulkhead be designed for this portion of the
site. Dave Hanna stated that they considered putting
in a vertical bulkhead, but the cost of various materials
that could be used and hold up was astronomical. Dave
Hanna stated that the rip rap would have to be keyed into
the substrate three feet which means that one foot of a
four foot rock would project a.bove the beach. ...Tim
Pearson suggested that the part of this condition that
says "the proponent shall have the option of excavating
the fill in this area, II be struck from the condition.
David Goldsmith stated if item led is deleted then they
would have to abide by 1.a. The proponent would then
have the option of protecting this area in any manner
that they choose. It was agreed that Condition l.d be
deleted and condition l.e will be deleted.
Condition 2. Their proposed condition 2 will extend the rip rap
along the shoreline from Section F to I, Commissioner B. G. Brown
stated. ...Tim Pearson suggested that "marine shoreline" be struck
from this condition. It was agreed that the wording of this
condition be "Rip Rap placed along the marine shoreline of Port
Townsend Bay from Section D to Section H as depicted on the site
plan shall be placed at the toe of the bank."
Condition 3. This condition is okay.
Add Condition 7. David Goldsmith stated that Condition 3 on the
Shoreline Commission list should be added to this list. After
discussion it was agreed that the language of the Shoreline
Commission condition 3 be added as Cendition 7 on the proponents
list.
The proponents conditions 4, 5 and 6 were approved.
Commissioner B. G. Brown moved to approve the Shoreline Substantial Develop-
ment Permit with the findings as submitted by the Planning Department and
the conditions as revised from those submitted by the proponent. Commis-
sioner Dennison seconded the motion which carried by a unanimous vote.
* * *
1989 BudGet Transfers: Health. Human Services and ,Juvenile and
Familv Court Service Deuartments: Commissioner B. G. Brown moved to approve
and sign Resolution No. 57-89 authorizing the budget transfer requested by
the Health, Human Services, and .Juvenile and Family Court as requested.
Commissioner Dennison seconded the motion Which carried by a unanimous vote.
ADDlication for Assistance from Soldiers I and Sailors I Relief Fund:
APDlicant Elizabeth V. Gunderson: Commissioner Dennison moved to approve the
application for Soldiers' and Sailors' Relief funds as requested by Elizabeth
Gunderson in the amount of $500.00. Commissioner B. G. Brown seconded the
motion which carried by a unanimous vote.
Resignation from the Library District Board of Trustees: Gav Corey:
Commissioner B. G. Brown moved to accept the resignation from the .Jefferson
County Library District Board of Trustees submitted by Gay Corey. seconded
[VOL 15 rAr~ 00 3175
Commissione"s' M~tinll Minutes: W~k of Jte 26,1989 Page: 8
th.emotio.n... Who ie, h..... e. arr.:1ed byaunanlmous ~ote.
will be advertised.l
. 1
The meetingwa~ recessed at 5:3 p.m.on~onday and reconvened at
2:30 p.m. on Tuesday wit.hallBoar<imembe spresent.
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#l* OBRA Mental! Health Pr am *
State D leeS: ... Commissioner . B. G. Brown
moved to act' #3820-72620 with the State
Department of Social and Health Services. .0rtheOBRAmentaJ. healthprogr~
ln the Human Services Department. Commiss onerD,ennisonseeondedthemotion
which carried by a unanimous'vote.
MEETING ApJOURNED, "'.
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ATTEST ... '~~S'6,t.,~
c/()/W((V;]! JJ:e ..
. Lorna L. Delaney, ~
Clerk of the Board . .
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,JEFFER. ON '. qOUNTY .. . .
COMMISSIONERS
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'VOL 15 t~IG~no ~3i76