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HomeMy WebLinkAboutM081489 ) ~ t.. I ="':l (;'/; .. M I NUT E S WEEK OF AUGUST 14, 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. Ella Sandvia, Human Services Administrator re: Grant Application for Fundina re: Community Mobilization Aaainst Substance Abuse= Department of Community Development: Ella Sandvig discussed the details of this grant application for $26,684.00. Part of the grant requires 25 percent matching funds. Mayor Brent Shirley offered to match $3,000.00 from the City Budget. Ella Sandvig is requesting that the County also consider matching $3,000.00 from the 1990 Budget. The grant funds would be available in October but the County funding wouldn I t be needed until 1990. Ella wants the Board to authorize her to apply for the grant and to match $3,000.00 in 1990. Part of the grant would enable the Department to hire a community liaison person that would be attached to the 3efferson County Sheriff's Office. This person would go out into the communities within the county to help organize groups and encourage them to continue. The liaison would be interconnecting the agencies that are working with drug and alcohol abuse to standardize information and coordinate training. Ella Sandvig reported that Mel is eager to have a community liaison and that Bob Hinton agreed that the police could share in the training. The liaison would be considered a staff person with the responsibilities of working with the schools, organizing space, putting out flyers and other duties. Commissioner B. G. Brown moved to authorize Ella Sandvig to apply for Community Mobilization Funds, and to consider matching funds in the amount of $3,000.00 from the 1990 Budget. Commissioner Dennison seconded the motion which passed by unanimous vote. Public Notice re: Chanae in Commissioners. Meetina Date: AUQUst 28, 1989 to be Re-scheduled to Tuesday, AUQUst 29, 1989: Commissioner Dennison moved to approve the public notice for the change in the Commissioners I Meeting date. Commissioner B. G. Brown seconded the motion which passed by unanimous vote. I. ','0'_ 15 rM)~ 00 3885 (. , Commissioners' Meeting Minutes: Week of August 14, 1989 Page: 2 PUBLIC WORKS BEARING re: Peti tion to Vacate County Road Riaht-Of-way RV0818: A Portion of Irondale Street in Morissey I s Addition. Hadlock: Cindy Nordbera. Petitioner: Petitioner, Cindy Nordberg was present as well as Gary Rowe, Public Works Director and Eileen Simon, Administrative secretary. Eileen Simon reported that the re~~est is to vacate Irondale Street lying between Lot 1 of Block 2 and Lot 15 of Block 1 in the Plat of Morissey's Addition to Hadlock. The right-of-way the Nordbergs would like vacated is 125 feet long and 60 feet wide and it is about 5 miles south of the Port Townsend city limits. The reason the vacation is requested is to allow more space between the existing road and the Nordberg1s home. She reviewed the findings, and agency responses. The Assessor figured compensation for the vacated area at $1,315.00. Testimony from adjacent and nearby property owners was reviewed and Eileen Simon reported that testimony was also received from Ruth Helper who favors the vacation and would like the entire street vacated due to its being dangerous, and from June Hunsaker who favors the vacation and would prefer that all of the street be vacated so that it could be barricaded. The Planning Commission recommends that the vacation request be denied, and that the Board of County Commissioners study the feasibility of moving the road into its correct alignment. Commissioner George Brown opened the Hearing and asked for comments for or against the proposed vacation. Cindy Nordberg: Ms. Nordberg stated that she spoke with the Water Department and they said that they planned on coming onto the main at Morissey Avenue, not Blanche. They said that if they did come off the main on Morissey Avenue and put in a fire hydrant there would be no problem. She noted that everyone turns around in her driveway and that if the County wanted to put the road in right, it would be very close to her house. At the time the road was built there wasn't a setback. There isn't any way to move the road over because if they did then some property owners would have to give up part of their land to the right-of-way. It is a 60 foot wide road right-of-way. She stated that there isn't any reason why the dead end couldn1t be vacated and turned into private property as the adjacent property owners would like to have the land. As far as the Transportation Study, she said that she couldn't see why or how that would have anything to do with the vacation. She sees no reason why the road would have to be there. She plans to put in her own water line and fire hydrant as there are too many people on the present water line. Commissioner Dennison responded to Cindy Nordberg1s question about what the Transportation study had to do with the requested vacation. He said that the County is trying to look at things with the next ten or fifteen years in mind, not just the present situation. The Transportation Study helps to insure that the County does not shut off any options that may be regretted in the future. He pointed out that if the road were vacated and then it turned out that the County needed the street for transportation, the County would have to buy the land back. Eileen Simon recapped the rationale for the recommendation to deny the request for vacation and Gary Rowe stated that the transportation study is in next year's Budget. Hearing no further comment, Chairman George Brown closed the hearing. Commissioner Dennison moved to deny the road vacation as recommended by the Planning Commission. Commissioner B. G. Brown seconded the motion which passed unanimously. BEARING re: Petition to Vacate County Road Riaht-Of-wav RV0814: Peabody Way in Trails End Homesite. Shine: Arthur I'ields. Petitioner: The petitioners, Mr. and Mrs. Arthur Fields, were present. Eileen Simon reviewed VOl 15 rAGE O(P886 (. . commissioners' Meeting Minutes: Week of August 14, 1989 page: 3 the petition to vacate Peabody Way. Peabody Way adjoins Lots 1 and 11 of Block 5 and Lot 16 of Block 3 in the plat of Trail's End Homesite. The request is to vacate approximately 170 feet of 60 foot width. The area is about 20 miles south of the Port Townsend city limits. The principal petitioner is requesting the road vacation to allow barricading the road. This would prevent further erosion and sliding due to the use of dirt bikes and four-wheel drive vehicles in the area. Findings, agency responses, and testimony recei ved were reviewed. Puget Power received a signed easement from the property owner and they request that this easement be a condition of approval as it enables them to maintain service and maintenance in the area. The Assessor's Department determined the compensation for the requested vacation at $1,950.00. The Planning Commission recommends that the vacation request be approved as proposed with the conditions that a trail easement and an easement for utilities be reserved. Chairman George C. Brown opened the hearing and asked for testimony for or against the proposed vacation. Arthur Fields, the principal petitioner, stated that his primary concern is the unstable condi tionof the land and slides caused by dirt bikers. He also stated concern over confrontation with the bikers. He stated he understood that the Thornes wanted to walk on Peabody Way and that he did not consider that a problem. He reviewed where his property was and pointed out that some of the terrain is so rough that he doubted people could walk it. He stated that the smiths would get 15 feet of the vacated road and he would get 15 feet and that he sees nothing wrong with taking 10 feet out of the middle of this and putting in a barricade that allows pedestrians and blocks dirt bikers. He was shown the design of this type of fence by a county road employee. Charles Thorne verified that the Board received his letter written on August 8, 1989. One of his concerns is the permanency of a road vacation. He stated that he preferred a different solution and questioned the barricade as being adequate to solve the problem. He proposed a "road closed" sign be posted instead of vacating the road. Gary Rowe informed Mr. Thorne that the road can be closed and restricted to specific uses such as pedestrian traffic. He stated that the Board can close a road and restrict the use by access and that Peabody Way is impassable as it is. Charles Thorne said that he would like to protect the future for roads being opened if the County should see fit to do so. Commissioner B. G. Brown asked about the topography of the area and if the slope was 30 to 40 percent? Gary Rowe responded that the slope is 30 to 40 percent and that at one time the road was cut through, but due to erosion the road became basically impassable. The road wasn't very good 20 years ago, or whenever the plat was completed. He stated that the corner of Peabody and Thorndyke Road is is the only portion of the road that is flat. He said that it wouldn't be a good location for a road and that if a road were put in it would be difficult to maintain. He noted that constructing a path through Peabody Way would not be difficult to accomplish or maintain. Scott Kilmer, Transportation Planner, who has inspected the . site, stated that the grade is well over 30 to 40 percent and that you probably couldn't access anything through Peabody Way other than a trail. Commissioner B. G. Brown asked if it would ever be feasible to build a road on the site? Scott Kilmer replied "Notr. VOl 15 rACE 00 .3887 " . Commissioners' Meeting Minutes: Week of August 14, 1989 Page: 4 During further discussion it was determined that building a road on Peabody Way in the future is not a reasonable expectation. Gary Rowe informed the Board that it is not the only way to accesS all the parcels. There is access to the lower side from Southpoint Road and to the upper side from Thorndyke Road. Marjorie Thorne said she wanted to be able to park her car, as she's been doing, to get to the trees on her property and to check to see if there is any erosion. She hasn't seen any erosion since she's owned the property in 1915. She stated that currently the Fields have given her verbal permission to park, although it is public access and she shouldn't re~~ire the Fields' permission. There isnl~ any other place to park, with such close access, to her upland property. She would like assurance that she may continue to park in this area. She has further access on South Beach Drive. Arthur Fields commented that the area Mrs. Thorne is referring to is the area they are concerned about eroding away as his garage is very close to it. He also stated that he has no objections to parking in the area. There being no further testi~ony, Chairman George C. Brown closed the hearing. Commissioner Dennison moved to approve the petition to vacate Peabody Way with trail and utility easements as recommended by the Planning Commission. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. Marjorie Thorne asked about her parking needs and clarification as to what the vacation means. Commissioner Dennison explained the County rights in rights-of-way determinations ~ The Peabody Way right-of-way was for transportation purposes not parking. It was given as a potential road, but since it's unnecessary to keep the land as a road the land goes back on the tax rolls. Commissioner Dennison stated that the land was not originally meant for a parking lot and that such use would have to be by agreement with the owners. It was suggested that Marjorie Thorne work out a written agreement with the Fields or the Smiths for her parking. It was clarified that the right-of-way will be considered a pedestrian right-of-way. Discussion and Recommendation re: Gardiner Beach Road: Fourteen residents from Gardiner Beach Road were present when Gary Rowe presented information on the road and projected overlays of the alternatives possible for solving the traffic problems. He stated that the problems revolve around sightseeing or "tourist" traffic. The main problem is caused by increased traff ic going down the road the wrong way. Gardiner Beach Road was designated as a one way road in 1981 from the boat ramp up to Rondelay Road where it joins with Gardiner Beach Road. He explained that only a portion of Gardiner Beach Road is one way and that all the other roads in the area are two way streets. The one-way section of the road wasn't widened in 1979 or 1980 because it would have required acquisition of right-of-way. The alternative was to make it a one-way street. Now Gary Bandy's Trollhaven Farm has caused an increase in traffic going the wrong direction. It was noted that residents have also been known to go the wrong way. He suggested two temporary improvements: 1) To sign Gardiner Beach Road to direct traffic for Mr. Bandy's Farm onto Rondelay Road which would decrease the traffic on Gardiner Beach Road. The stop sign could be relocated to stop traffic at the intersection where Rondelay meets with Gardiner Beach Road. The one-way signs could be moved down to a developed parking area where traffic could turn around. There would be a left turn lane into the parking area which is off the road. The one-way designation would begin after the parking lot. VOl 15 fAGr 00 , ' Commissioners' Meeting Minutes: Week of August 14, 1989 Page: 5 2) To sign the traffic to Bandy1s farm onto Rondelay Road and to post "LOCAL TRAFFIC ONLY" signs past Bandy's residence to the boat launch. The road could revert to two-way traffic which would support local traffic, although it's not considered wide enough to carry a large volume of traffic. Gary Rowe reported that signing the road but not widening it is immediately proposed. It was noted that it is hard to enforce one-way traffic and that the local residents find it an inconvenience. If the two-way traffic were returned to that section of the road it was noted that visibility is poor. The reason the road was originally closed off was cited as "the existing roadway has a narrow width" with "poor site distance due to numerous obstructions along the roadway edge." The best option agreed upon by local residents and the Board was based on public hearing and was the least costly to the County of all the options considered. Physically the road hasn't been altered since that time, although an intersection on the westerly end of the road has been improved slightly. After further discussion Chairman George Brown requested commen~s from the Gardiner Beach Road residents. Beecher Snipes said that he has to go 1 1/10 mile out of his way to use Gardiner Beach Road asa one-way. It is a big inconvenience to him. He said that it is nine feet on one side of the road and six feet on the other side to the fences which could be used to widen the road if necessary. He watched the traffic over the weekend and he saw two cars going the wrong direction, one a delivery vehicle and one a local resident. He said he's never seen the one-way traffic enforced. Portions of the road off Highway 101 are narrower than the one-way portion of Gardiner Beach Road and Rondelay road is about the same width. He recommends that Gardiner Beach Road be made a two-way road with a sign "LOCAL RESIDENTS ONLY" until it can be widened to a proper road, as it will need to be done eventually due to growth in the area. Gary Bandy stated that the traffic problems are minor. Most of the tourists come from NACO West, the recreational vehicle park on Highway 101. Those attracted to Trollhaven drive slowly. He said that he has not advertised. or given any encouragement to visitors. The problem will increase with growth, such as the Mitsubishi development. He suggested that something be done now to alleviate the problem. His solution would be to widen the road to a two- way, which it used to be. Being a major property owner in the area he would be willing to donate property or to do anything he can to "appease the complaints of the minority of the neighbors" and look forward to solving the' problem as it's only g?ing to get worse. Gertrude Snipes suggested that the County take advantage of the philosophy of planning for the future now, which Commissioner Dennison had mentioned in regard to a petition to vacate. She explained that the east end of Gardiner is designated as commercial and when the Mitsubishi development is finished the traffic will come down Gardiner Beach Road from the west and go into the commercial area that will develop as a result of Mitsubishi. She noted that the road off of Highway 101 is treacherous and that it should be straightened out. She reminded the Board that in 1981 Gary Bandy, Richard Howe, and Mr. and Mrs. Snipes wrote to the Board stating that they didn1t want Gardiner Beach Road one-way. As none of them were able to be present they thought their letters would be given some consideration. She stated that if they had been 1 istened to, this mess wi th Gardiner Beach Road would never have happened. She feels that money should have been spent straightening out the road and not allowing property owners to develop their land to the point that it is now. Jim Rueter does not feel that widening Gardiner Beach Road would improve it as it is quiet and scenic. He thinks a one-way is sensible as the road isn't wide enough for two-way traffic. Jim Marner stated that after looking at the alternatives and assessing the problem he feels that :there are two attractions, the "Bandy operation" and the boat ramp. Part of, the problem he sees is the increasing traffic and the potential accidents due to a blind spot on Gardiner Beach Road. He suggested that the County isolate the boat ramp and the Bandy operation by putting up vaL 15 fAGE 00 3889 . . Commissioners' Meeting Minutes: Week of August 14, 1989 Page: 6 a blockade and splitting the traffic so that the tourists go where they want to go and the boat people go where they want to go. Gary Rowe noted that a blockade would not take into consideration emergency vehicle access. 3im Warner explained possible methods of access if a blockade were placed after the Bandy property. Mrs. Snipes asked where the cul-de-sacs would be located for turn arounds and if Mr. Warner was willing to donate land for such a use. She pointed out that most cul-de-sacs ~ave good, wide roads. Lou Madau pointed out that it is the local residents who do not obey the signs. The tourists ,tend to stop. He questioned why the County would consider moving the stop sign from his driveway to the property across the road. He stated that accidents happened at the stop sign where it is now when people neglect to stop. He was a victim of a hit and run at this point. The road is hazardous. and should be changed. He feels a sign directing people to Bandy's Trollhaven was a good idea and changing the name of Rondelay to Troll Road might be an advantage. As far as'keeping Gardiner Beach Road a one-way, with the advent of Mitsubishi and the residential building going on in conjunction with the services needed, a two-way road will be required. He stated that the idea of a barrier across the road wouldn't last for more than a week or two and it would be difficult for mail delivery. Commissioner Dennison reminded the residents that these are temporary improvements that are under consideration and that Gardiner Beach Road should be widened in the future. He noted that the road will have to be put on the six year road plan before it can be improved. Lou Madau noted that as a taxpayer he doesn't want to see the County sued and also pointed out that there are deep ditches that need fixing. He reminded the County that during the Fishing Derby there are large boats going down the road and he has pulled a few out of the ditches in the past. Mrs. Snipes asked what, the reasoning was behind leaving the blind spot on Gardiner Beach Road so narrow? She also commented on the previous names of Gardiner Beach Road stating that the Board ought to do what is proper in that respect. Gary Rowe informed her that there were objections raised by property owners on widening the road between the boat ramp and Rondelay road. At that time the solution was to ma~e it one-way. Philip Zerr, Chairman of the Fire Commissioners in District #5, stated that he received a letter from Scott Kilmer requesting the Fire Commissioners I input. The Fire Department would require access, they do need a through street as they need to get to the properties from both directions. They couldn't go along with ~ barricade as they only have two hydrants in the area they have to be able to get in any way they can. Scott Merrell stated that he goes the wrong way on Gardiner Beach Road because it isn't practical to drive an extra 1,000 feet, opposed to driving 100 feet from the one-way sign, just to get to his driveway. He would like to see the road revert back to a two-way road whether it is widened or not. There is increased tension in the neighborhood with calls to the Sheriff, and tourists going the wrong way. He said that he'd like a "multi-directional thoroughfare" and that .the road wouldn't have to be widened if it were posted "LOCAL TRAFFIC ONLY" with a lower speed limit. This would also mean that property owners would not be inconvenienced, and property owners at the end of the road would not 10se any of their land. Ruth Henshaw stated that the whole concern now is the tremendous amount of traffic and the one-way street. Most of the people who go the wrong way say that they didn't see the sign or that someone told them to go that way. Now that there is a tourist attraction in a residential community there are a lot of new conditions. She feels it should be the way it is now with restric- tions that only local residents could use the road as a two-way. She thinks VOl 15 fAGf 003890 . . Commissioners' Meeting Minutes: Week of August 14, 1989 Page: 7 routing the sightseeing traffic up Rondelay Road would be a good idea. She feels that consideration should be given to the people that live there now. She suggested that since Mr. Bandy offered property, he could donate it to help build a road or extend the present one. Wayne King agreed with 3im Warner's suggestion to put up a barrier. He felt that property could qe donated for a turn around. He stated that the emergency vehicles would find it closer to go by way of Rondelay Road than Gardiner Beach Road. Right now his driveway is used as a turn around. He gave Gary Rowe a 15 minute video of "86 cars in two hours" using the Gardiner Beach Road. Gary Bandy stated that putting a barricade up would only serve the interests of a minority of three property owners, not the majority. He said that he agreed with Mr. Merrell and the rest of the neighbors that the road should revert back to a two-way road and he's willing to donate land for that. Mayne King corrected Mr. Bandy by stating that it was six households, not three. . Mrs. Movius commented on the traffic dangers to the children of the area because of the locals, buses, and tourist traffic. 3im Heuter said that it is a rare occurrence for 82 cars to go by in two hours although it is possible. He stated that he's concerned about his children on the road but he considers the road safe. He agrees that-blocking the road, from a safety standpoint, is a bad idea. Commissioner Dennison moved to table action until a meeting to viable solution could be arranged with the Public Works Commissioner.B. G. Brown seconded the motion which passed by vote. decide on a Department. a unanimous BID OPEBINGSre: CRe738 Construction: Oak Bav /I"laaler Intersection ImDrovements: At the appointed time, Gary Rowe opened the bid received from Lakeside Industries for $263,665.61. The Engineer1s Estimate was $237,213.55. Commissioner Dennison moved to have the Public Works Department review the bid for accuracy and make a recommendation to the Board. Commissioner B. G. Brown seconded the motion which carried by unanimous vote. Closina a Portion of Glen Cove Road Between SR20 and Otto Street: Gary Rowe reported that the closure of a portion of Glen Cove Road would be in conjunction with planned improvements to Otto Street from Frederick Avenue north to where the intersection of the platted right-of-way is called Lawrence Street. The street has to be closed in order to construct the improvements. The recommendations through the transportation plan have been to block this section of road. There is access through Otto Street. The Department of Transportation would also like to see this road closed. Workshops have been held on this closure. Gary Rowe recommended that since the Board, by statute, has the authority to close a road by resol~tion, that this be done. After further discussion Commissioner Dennison moved to approve RESOLUTION NO. 69-89 authorizing the closure of a portion of Glen Cove Road; Commissioner B. G. Brown seconded the motion which carried unanimously. Claim For Damaaes: Robin Louise Bauf No. C-03-89: Commissioner B. G. Brown moved to approve this claim for damage to a vehicle, and Commissioner Larry Dennison seconded the motion which passed unanimously. VOL 15 fAGf 00 3891 /.; "'. Commissioners' Meeting, Minutes: Week of August 14, 1989 Page: 8 SOLID WASTE Recruest From Quilcene Communi tv Fair for Free Garbaae DulnDina for Saturdav August 26. 1989: Gary Rowe presented the request for free garbage dumping in preparation for the Quilcene Community Fair. He noted that community organizations have been allowed free dumping at the landfill, but not at the drop box sites due to the cost of hauling a drop box, unless the organization makes their own arrangements for hauling the drop box to the dl~p. There has also been the understanding that the materials put in the drop box are from public areas or rights-of-way. After further discussion it was determined that.Mrs. Phillips be contacted and that the conditions for the request be drafted along with tonnage and other conditions before a decision is made. FACILITIES MANAGEMENT Farm Home Administration (FmBA) re: Port Townsend Communi tv Center = Grant for a Total of Seven Hundred Eighty-Nine Thousand Dollars: Commissioner B. G. Brown moved to approve RESOLUTION NO. 10-89 for authorizing and providing for the incurrence of indebtedness for the purpose of providing a portion of the cost of acquiring, constructing, enlarging, improving, and/or extending the Community Center facility. Commissioner Dennison seconded the motion with passed unanimously. Letter from. Board of County Commissioners to FmBA Requesting a Lower Interest Rate: After discussion with Gary Rowe Commissioner B. G. Brown moved to sign and send the letter to FmHA re~~esting a lower interest rate and Commissioner Larry Dennison seconded the motion which passed unanimously. PLAlflfING AlID BUILDING Review of Comments Received on. SEPA Review: Shoreline Permit: Discoverv Bav. 3acobson Brothers. Inc.: Planning Director, David Goldsmith, was present to review. the comments on the Jacobson Brothers' experimental cable laying operation in Discovery Bay. He reported that when the application for exemption was first received the State Department of Ecology (DOE), Water Quality section, was contacted as it was thought that this would be a water quality issue. The Department of Ecology indicated that this was not the kind of operation that would require any kind of water quality review. Planning countered this by saying that they felt it did require a water quality review and they'd pursue it through the SEPA Review process, which was done. Since then, the Department of Ecology sent a letter to Planning dated August 8, 1989 in which they said they will be doing water quality monitoring. In the interim the J'acobson Brothers were re~~ired to do sediment analysis against the same parameters required for mechanical clam harvesting as both operations have similarities. The standards are now applied statewide. There are two places wi thin Discovery Bay which would not have met the standards if the J'acobson Brothers had decided to pursue the Shoreline Permit, however, the J'acobson Brothers withdrew their proposal. PreliminarvSubdivision: BishoD Acres: Hadlock. West of Intersec- tion of Cedar & Mason Streets: Loren BishoD. ADDlicant: Greg Waddell, the Property Designer and .two interested neighborhood residents, Art Hultin and Mrs. Thatcher, were present. Assistant Planner, J'erry Smith, presented the proposal to develop a thirty-nine lot residential subdivision on about sixteen acres which are located in Hadlock, west of the intersection of Cedar and Mason Streets. F9ur of the lots are intended for duplex construction with an average size of 25.525 square feet. The single family lot sizes range from 1,120 to 12,500 square feet. Power, water, telephone and refuse collection would be served to all lots and a common open space area would be owned by all the lot owners. The lots would each be granted a drainfield easement in this open space. The Planning Commission reviewed the proposal, Agency comments were received, and conditions were set. Concerns were expressed by Arthur Hul tin and Arnold '~Ol 15 rAG~ oo3B92 .. C' r ... Commissioners' Meeting Minutes: Week of August 14, 1989 Page: 9 Sweat on traffic impact, buffers between the planned subdivision and Woodland Acres, manufactured home placement, restrictive covenants for the exolusion of mobile homes, minimum lot size of 12,500 square feet, and a greenbelt perimeter buffer. The Planning Commission made additions and corrections to the conditions and 'concluded that the preliminary plat of Bishop Acres subdivision meets the requirements for preliminary plat approval and is consistent with the provisions of the Jefferson County Comprehensive Plan. The Commission recommended that the Board of Commissioners approve the proposal. Commissioner Dennison questioned the minimum lot size of 12,500 square feet? David Goldsmith said that this requirement is for on-site sewage, processed sewage, and community water systems. In this case off-site sewage is proposed for a portion of the development, which is what the greenbelt area is for. Greg Waddell reported that there were 14 interior lots that were below the 12,500 square foot minimum lot size and that there was enough open space reserved for all 14 of these lots to be used as a drainfield. He added that, based on the way the plat reads, the definition of lot size goes to the centerline of the street. Taking this into account, these interior lots probably exceed 14,000 to 15,000 square feet. He also stated that if you take the gross area of the interior and divide it by 14 lots you come up with 12,498 square feet, which is two feet short of the required 12,500 per lot, even with the open space. He described the reasons for creating this design and noted that drainfield easements have been done in California. David Goldsmith noted that the ten percent open space and the densi ty requirements are met by this project. Further discussion was held regarding buffers, traffic impact, soils and setbacks. Art Hultin informed the Board that he's contacted residents of Woodland Acres and that there are concerns about traffic impact, especially in regard to small children. He also had concerns about the greenbelt barrier as there used to be one, but it was cut down. He noted that they are attractive but they don't keep people off the property. Commissioner Dennison informed Mr. Hultin that the County is not bound to insure that people keep off of private property as that is an individual concern. Mrs. Thatcher pointed out that when you come from Irondale Road onto Fitchberg street you cannot make a turn without going into the other lane as the turn is too sharp. If there is anyone parked on the end of Fitchberg the turn is really substandard. Commissioner B. G. Brown said that there may be a need to look at the traffio in the area and determine what the development could do to Woodland Acres. Commissioner B. G. Brown moved to approve the preliminary plat of Bishop Acres with the conditions as proposed and recommended by the Planning Commission. Commissioner Larry Dennison seconded the motion which passed by a unanimous vote. Final Zerr Short Plat: Zerr Short ;Plat: Gardiner. Fronting on Hwy 101 & Old Gardiner Road: Phillip Zerrf Applicant: The applicant, Philip Zerr was present. Assistant Planner, Jerry Smith reviewed this application and pointed out that Public Works, and the Board of Health have approved it and that the Zerr Short Plat is ready for final approval. Commissioner B. G. Brown moved to approve the Final Zerr Short Plat, and Commissioner Dennison seconded the motion which passed by a unanimous vote. Vat 15 fAGf 003893 ... l" .~.' Commissioners' Meeting Minutes: Week of August 14, 1989 Page: 10 HUMAN SERVICES Appointment of Mental Heal th Professionals: Human Services: Commissioner Larry Dennison moved to approve RESOLUTION NO. 71-89 appointing Mental Health Professionals. Commissioner B. G. Brown seconded the motion which passed unanimously. * * * The Board recessed at the end of the business day and reconvened on August 16, 1989 with Chairman George Brown, Commissioner B. G. Brown, and Commissioner Larry W. Dennison present. Guy McMinds. OUinaul t Indian Nation f Planning and Building Department f and Prosecuting Attorney re: Yakima v. Brendale: Affectinq the Riqpts of Zoninq Powers: Those present for the meeting were Tribal Councilman Guy R. McMinds, Office of Reservation Attorney Richard ReiCh, Reservation Planning Director Rich Wells, Reservation Attorney Amy Crewdson, Jefferson County Planning and Building Director David Goldsmith, Assistant Planner Jerry Smith, and Deputy Prosecuting Attorney Mark Huth. A letter was sent by the Quinault Indian Nation on August 3, 1989 in which it is explained that in the past Jefferson county took the position that the Quinaul t Nation possessed exclusive authority to regulate the use of non- Indian owned fee land within the Quinault Reservation. In Sechrist v . Ouinault Indian Nation the United States District Court upheld this decision. In the recent Supreme Court decision, Brendale v. Confederated Tribes and Bands of the Yakima Indian Reservation, they held that the Yakima Nation lost its authority to regulate land use on non-Indian owned fee land in the open area portion of the reservation. The Yakima Reservation retained its rights over the remaining portions of reservation land. Differences between the Quinault Indian Nation and the Yakima Indian Reservation were pointed out ~nd the position of Jefferson County after Brendalev. Yakima was sought. Guy McMinds informed the Board that the Quinaults are hoping that there isn't a stampede of applications to Jefferson County as a result of the Brendale decision as the Yakima Reservation has an entirely different set of facts than those of the Quinault Reservation. Alternatives for the County and the Tribe as they relate to the Brendale decision as well as the alternatives for the individual property owners are in question. He noted that the Quinault view is that there should be no change as a result of the Brendale decision. The reasons for this position are as follows: 1) The Congress of the United States stated in its' legislation that it would like to see the tribe regain entire control of the reservation. 2) There has been a "substantial agreement of the minds between the chiefs of the various nations in washington state and the Governor of the State of Washington in the Centennial Accord". 3) The Tribe has made major progress in dealing with land owners on the reservation. 4) The Quinaults believe there has been substantial and important litigation which has been settled and has been specific to the Quinaults. 5) The Quinault Indian Nation has been enforcing zoning ordinances within the boundaries of the reservation. 6) The Quinault Indian Nation has substantial control on the use of the ocean property through its ownership of the beach which makes the property in effect have value, as if it had the beach value added to it. 7) Land owners are using the system set up by the Quinaul ts to process applications for permits. YOL 15 fAGF 00 3894 - ~(', f-.. ".... to Commissioners' Meeting Minutes: Week of AUgust 14, 1989 Page:ll i A discussion was held on the al ternati ve responses , ~nterpretations and reactions possible as the result of Brendale v. Yakima and various planning issues. Those present expressed the need to have a coop~rative approach to the issue in the future as it is in the best interestslof all the parties involved. Since part of the reservation is in Grays Hatbor it was decided that a workshop should be held with Grays Harbor County~ Jefferson county, and the Quinault Indian Nation Tribal Government to cons~der views, options, and future policy. Guy McMinds will report to the Tribal ICouncil and arrange a work group. I i i The Board recessed at the end of the meeting and recontened on August 17, 1989 with. GhairIDan George Brown, Commissioner B. G. Browp, and Commissioner Larry W. Dennison present. I . INTERAGENCY AGREEMENT re: Payment of Costs in P:rjopoSed Manke LlnnhAr Company Land Exchange. Gibbs Lake: stat.e Department ofl~atural Resources: commissioner Larry Dennison moved to approve and sign ,of the Interagency Agreement wi th the Department of Natural Resources fbr the purpose of providing payment for costs associated with the proposed! land exchange with Manke Lumber Company. Commissioner ! B. G. Brown seconded the motion which passed by a unanimous vote. * * * MEETING ADJOURNED ~~ ,,',~ 'I!of---'--"'-" ~:'-':-=_-~ "'- :~ (..'. Y CDv> "t,~ ..-e .....< /: .~' ''I;j ".'.' ,~=,,~..,? '-~- '. '~Ji'. . "'\, .;: <i.~.' i ~fl." ~ '. i:r '.." I ~). ,'~'r--;';'. . a:'t, /"" .1 ,., ., "\'\.4\ -., 1.. "'. ..0. '.1 '..:' 1'1 .,.". ,.i~. ' :.')'. ../. '.... \ ~ .,) ~.. ""'.'.'11' . ~ ..,"..,. · JI" (l _~ ;'._ QY:",\:'tl\"'-' .,'t,':~'~' . .~.U) , ....'.'. ,....YO'.... .. ~~ ....., .'_ ~\ ...., :.:f, · _.>' I' .... "\"'. ._". I · e SEAL .,. :.'~. ~,:".. >: ," . ,." . ',.lIl .',t' ~ .....;t. '<~~ ~/ '.\~r:'t ~ .;l \'" 4O. .... '.. ..',.. . ...."..:'~, "' . . ~ ~.. , . ' . "":,,-~. ",) I)" i..) JEFFERSON COUNTY BOARD OF COMMISSIONER~ ~ ~-/~ George C Brown, Chaihnan ~~~A~) B. G. Brown, Member Dierdrei L. Ke Deputy Clerk of VOl 15 fAGf 00 3~95