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HomeMy WebLinkAboutM110689 o ~_ _ Q' I MINUTES WEEK OF NOVEMBER 6, 1989 Chairman George Brown called the meeting to order at the appointed time in the presence of Commissioner B. G. Brown and commissioner Larry W. Dennison. Mary Gaboury. Auditor and Chairman of the salary Administration C01ll1llittee re: SAC RecoJDDleng.ations: AUditor Mary Gaboury presented the Board with a letter outlining the Salary Administration Committee's recommendations for changes to the Salary Administration Policy and Procedures Manual as approved at the Committee's October 24, 1989 meeting. Additions to the POlicy: page 3 IX Salary Administration Policies following Salary Review Committee: "The Job Classification c,ommittee shall be appointed to review job descriptions as prepared by department heads for evaluation and assigning ap- propriate classification according to policies and procedures established by the Salary Administration committee. The Job Classification committee shall consist of one member from the Board of County commissioners, one Elected Official and one Department Head. The members terms are on-going. Alternates shall be selected from the Salary Administration committee members so that no department head will review positions from their own office. The Job Classification Committee shall meet as necessary to make grade recommendations to the Board of County commissioners. The Clerk of the Board shall perform the necessary clerical functions to enable the Job Classification Committee to carry out salary Administra- tion Committee policy and procedures." Page 2 , B. Salary Administration Authori ty . Salary Administration Co:n:pni ttee: "The Payroll/Personnel Specialist and the Clerk of the Board shall be ex- officio members of the salary Administration Committee and shall Perform the necessary clerical functions to enable the Salary Administration committee to carry out Salary Administration Committee policy and procedures, including recording and distributing the minutes of the salary Administration Committee meetings." Page 3, B. Salary AdministratioQ policies: "The Clerk of the Board shall perform the necessary clerical . val 15 rMt~ 00 521.1 commissioners Meeting Minutes: Week of November 6, 1989 functions to enable the Salary Review Committee to carry out the Salary Administration Committee pOlicy and procedures." Page: a IX. Salary Ad~inistration Policies - A. Program Purpose, Page 2. sixth: "The Board of County commissioners and the County Auditor shall provide appropriate staff to perform the necessary clerical functions to carry out the Salary Administration policies and Procedures." Amend: IX Salary Administration policies - B. Salary Administration Authority, salary Administration Commit- tee, Page 2 - second paragraph: The salary Administra- tion committee shall consist of the three County Commis- sioners, the County Audi tor, and two other Elected Officials (Assessor, Clerk, SUperior or District Court Judge and Treasurer) and three Department Heads (Public Works, Planning, Health, Recreation, Juvenile Services, Cooperative Extension and Human services). Replace the term Salary AdministratiQn committee with "Job Classification Committee" where appropriate in the Salary Administration POlicy Manual. Page 3. C. JOB CLASSIFICATIONS, JOB RANKING r RECLAS- SIFI9ATION. add as last paragraph: "If a Department Head disagrees with the classification, they may appeal to the Board of County Commissioners." Commissioner B. G. Brown questioned the need to have the Payroll Personnel Specialist and the Clerk of the Board as ex-officio members of this Commit- tee? Mary Gaboury responded that it. needs to be clear in the policy that the Salary Administration Committee has the clerical assistance for these meetings. Commissioner Dennison stated that the reason this is being done is to assure that the people who are providing the clerical support for this Committee are aware of the processes that have taken place in the development and implementation of this pOlicy. The Board concurred that action be tabled on these recommendations until they have more time to review them. Mary Gaboury then presented a report of the financial impact of the fourth quarter salary system performance reviews. Later that day: Commissioner B. G. Brown moved to approve the recommended changes to the Salary Administration Policy & Procedures Manual as recom- mended by the Salary Administration Committee with the following wording change to the recommendation on Page 2, B Salary Administration Authority, Salary Administration Committee: "The payroll/Personnel Specialist and the Clerk of the Board shall be support staff for the Salary Administration Committee..." Commissioner Dennison seconded the motion which carried by a unanimous vote. AI Grondahl re: ;Jload Signs for Rhody ~i va: Al Grondahl, repre- senting the Chimacum Grange, came before the Board to discuss traffic signs on the Airport Cutoff Road. He stated that when cars make the bend to the left from Highway 20 to the Airport cutoff Road they often leave their turn signals on all the way down this road. This can cause a dangerous situation because people take it for granted that cars with their left turn signals on are not really going to turn left. There are several businesses along Airport Cutoff Road which require a left turn for access. Mr. Grondahl asked that the County place a sign advising people to turn off their left turn signal, if they are not turning left. commissioner B. G. Brown stated that he has not seen this type of sign used anywhere else in the State. The Board advised that they would look into this situation further. VOL 15 rAC~ 00 521.2 . Commissioners Meeting Minutes: Week of November 6, 1989 Page: 3 ~US7NESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS Request to Open PQblic Road Right-of-Way: Elizabeth street in Eisenbeis Bay View Addition: Dan Lockhart, ~pplicant: Public Works Director Gary Rowe reported that Dan Lockhart is asking to open a ~ortion of Elizabeth street in the Eisenbeis Bay View Addition for access to his property. The fublic Works Department recommends approval of this request. Commissioner B. G. Brown moved to approve the request to open right-of-way as recommended. Commissioner Dennison seconded the motion which carried by a unanimous vote. Request to Open Public Road Right-of-Way: Mason street in Chalmer's Second Addition: Jerry Weidner. Applicant: This request to open right-of- way is being made by Jerry Weidner. The Public Works Department recommends approval SUbject to the conditions listed, which inclu~e an approved drainage plan, location of the right-of-way, and 50% of the mill value of the timber logged off the right-of-way. Commissioner B. G. Brown moved to approve the request to open right-of-way as recommended and with the conditions noted. Commissioner Dennison seconded the motion which carried by a unanimous vote. Revising ca9J738: Oak Bay/Flagl~r Road Intersection and A~, SUP1>lement #4 re: CRfJ738 Oak Bay/Flagler Road Intersection: Washington state De1>8rtment of Transportation: Construction Engineer Bruce Laurie explained that this revision of the Oak Bay/Flagler Road Intersection project increases the cost from $335,700 to $378,200. The increase in costs occurred for construction and right-Of-way acquisition. After noting that con~erns for the increased costs on this project have been discussed with the pUblic Works Department staff, Commissioner B. G. Brown moved to approve Resolution No. 98-89 revising CR~738 as presented. Commissioner Dennison seconded the motion which carried by a unanimous vote. Commissioner B. G. Brown then moved to approve Supplement #4 to the Agreement with the State Department of Transportation on this project to reflect these changes. Commissioner Dennison seconded the motion which carried by a unanimous vote. Revising c;RgJ719: OWl. creek Bridge and AGREEMENT, Supplement #2 re: CRlI719 OWl Creek Bridge: Washington State Department of Transportation: Bruce Laurie explained that this revision is to correct an error in the engineering appropriation made on the original resolution and to reflect a change in the funding of the temporary structure used for this project. The total cost of this project is now estimated to be $236,000.00 Commissioner B. G. Brown moved to approve Resolution No. 99-89 revising CR~719 for the Owl Creek Bridge project and Supplement #2 to the Agreement with the State Department of Transportation. Commissioner Dennison seconded the motion. The motion carried by a unanimous vote. Initiating CRlI785: :.,ridge Rail Retrofit project: This resolution, Bruce Laurie explained, is to initiate the bridge rail retrofit project. The total engineering for 20 bridges is estimated to be $80,000.00. This project will be completed over a four to five year period, Gary Rowe reported. Commissioner Dennison moved tq approve Resolution No. 100-89 initiating CR~785 the bridge rail retrofit project. commissioner B. G. Brown seconded the motion which carried by a unanimous vote. Resolution Revising ~749: Upper Boll Road: This project revision includes increases due to cost overruns, Bruce Laurie explained. The construction amount was not shown properly based on the engineers estimate prior to bid and the budget was not kept up to date. There have been change orders and additional work that have also increased the cost of this project. The previous cost shown was $651,000.00 and the total cost currently is $882,000.00. Commissioner Dennison expressed apprehension that the mistakes made on this project be a learning experience and not be repeated if possible. Commissioner Dennison moved to approve Resolution No. 10;1.-89 VOl 15 rA~~ 00 5213 Commissioners Meeting Minutes: Week of November 6, 1989 Page: 4 revising CR~749 Upper Hoh Road project. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. AGR~ ~ Sup-plement 12 r~: ~7.9 Consultant fQr Construction Adm;nistration: Upper Hoh Road: Entranco Eng~neers: Commissioner Dennison moved to approve Supplement #2 to the Agreement with Entranco Engineers, who provided construction administration for the Upper Hoh Road Project. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. FACILITIES MANAGEMENT ExchanC]e Real Property for the Purpose'of ;Jle1-ieving the Existing Encroachment on pt'i vate Property at East 8each County Park: (See Also Minutes of May 22, 1989) Carter Breskin reported that all of the necessary proce- dures have been completed on this exchange of real property between the county and Mr. & Mrs. Thornily, for the purposes of relieving the existinq encroachment on private property at East Beach County Park. Commissioner B. G. Brown moved to approve Resolution No. 102-89 for this property exchange. commissioner Dennison seconded the motion which carried by a unanimous vote. A~ re: Port Townsend cpmmunity Center :tlenovation: Western Construction and the Notice To PrOQeed: Architectural Coordinator, Frank Gifford, reported that all of the necessary documents have been reviewed and approved by the Farmers Home Administration, and the Prosecuting Attorney. Commissioner B. G. Brown moved to approve the Contract with Western Construc- tion and the Notice to Proceed wi ththe Port Townsend Community Center Renovation project as submitted. Commissioner Dennison seconded the motion which carried by a unanimous vote. PLANNING AND BUILDING HEARING t;e: Vacation P~tition 1-89: Vacate All Lots, Blocks and streets: C. P. Fe~s Pl~t and Ellis Plat: Po~ Resources: 10 interested area residents were present when Associate Planner Jerry Smith reported that an application was received from Pope Resources to vacate the C.P. Ferry Plat and the Ellis Plat. The C.P. Ferry Plat has platted streets which means that the streets will also have to be vacated. The vacation must be reviewed by the Planning Commission to meet the requirements of the road vacation ordinance. The Ellis Plat doesn't have any roads to be vacated. Commissioner B. G. Brown moved to continue the hearing to December 11, 1989 to allow Planning Commission review of the request. Commissioner Dennison seconded the motion which carried by a unanimous vote. Preliminary Long Subdivision ~pproval: OJ,.YD'Pic Shores: Adjacent to South Point Road: Coyle peninsula properties, Al SChoenfeld: This long sub- division, Jerry Smith reported, contains four lots which cover approximately seven acres located 2 1/2 miles south of Shine adjacent to South point Road. There have been conditions placed on the use of Lot 1 as part of the environmental review. The Planning Commission reviewed this long sub- division and recommends 13 conditions of approval. These conditions of approval incorporate the conditions that were issued with the Environmental Policy Act Review. commissioner B. G. Brown then re~d the Planning Commis- sion reco~endation to change several of the conditions of approval. Commissioner B. G. Brown moved to grant preliminary subdivision approval with the 13 conditions and changes to those conditions as recommended by the planning Commission. commissioner Dennison seconded the motion which carried by a unanimous vote. VOL 15 rAG: or 5214 .' Commissioners Meeting Minutes: Week of November 6, 1989 Page: 5 Request for Variance: Short Plat Road Width: CarPS Diem Heiahts Short Plat ISP7-89: Tom ~ Ellen Beavers: This variance request is for a reduction in the 60 foot right-of-way width requirement of the subdivision ordinance to 30 feet, on a two lot subdivision. This subdivision is located off of Hastings Avenue and Middlepoint Road. The planning Commission reviewed the request and recommends a forty foot right-of-way, which would require a 20 foot variance. Tom Beavers stated that there is currently a six foot road serving a house in this area. Mr. Beavers reported that his property is at the end of a dead end road that only serves one additional property owner. After discussion of the potential amount of traffic on the road in the future, Commissioner Dennison moved to approve the twenty foot variance as recommended by the Planning Commission. commissioner B. G. Brown seconded the motion. The motion carried by a unanimous vote. Request for Se1:;back Variance: Temporary Placement. of a Mobile Home: Bridgehaven Subdivision Division 5. Lot 35: Ahmed Hasson: Jerry Smith reported that Ahmed Hasson is requesting a setback variance from Thorndyke Road for the temporary placement of a mobile home while he builds his residence. The mobile home is 14 x 70 feet and the applicant would like to place it five feet from the front property line. The configuration of the mobile home, the property and the position of the proposed house, dictate that the mobile home be set over the septic tank. It will not cover the septic system drainfield, however. Mr. Hasson stated that he has asked for a one year temporary variance to allow time for him to construct his residence. The Health and Public Works Departments have reviewed and approved the placement of the mobile home as proposed. Mr. Hasson presented a letter from the Chairman of the Bridgehaven Architectural Committee, which indicates that they approve of this variance request and the temporary placement of the mobile home. Commissioner Dennison moved to approve the variance as requested to allow placement of a mobile home on this property, for one year. commissioner B. G. Brown seconded the motion which carried by a unanimous vote. * * * Guy' McMinds, OUinaul t Ind~an Nation re: Land Use Planning on the Reservation: Guy McMinds, Tribal councilman, Richard ReiCh, Office of Reservation Attorney, and Rich Wells, Reservation Planning Director, for the Quinault Indian Nation, came before the Board to discuss the possible courses of action that the County has wi th regard to proceeding with land use planning on non-Indian owned lands on the reservation. Guy McMinds stated tbat a draft memorandum of understanding has been reviewed by the County and the Tribe, but has not been finalized yet. He suggested that the Planning Department staff and the Quinault Planning Director and Attorney sit down and work on developing a Memorandum of Understanding that both the County and the Quinault's can sign. Commissioner Dennison read the Quinault's suggested change in wording for the Memorandum of Understanding. He reported that the Board has been hearing from property owners who have worked with the Quinault's under their existing process, who say that the process is difficult to get through. The county's main concern is that an agreement can be reached that will assure non-indian property owners access to a timely planning process. Mr. McMinds stated that the Tribe's planning process has been timely. The issue that Commissioner Dennison is talking about is viewed by the Tribe as an ex-parte communication and they know nothing about it. He feels that the Board should not make a decision based on this type of communication. He further explained that the people who have contacted the Board about the Tribe's planning process agreed that no action would be taken at the last Council meeting because they wanted to read the Tribal Code. commissioner Dennison stated that there has been more than one communications regarding this process. SOI_, . 15 rAf;~ 00 5.21.5 ........ ~~-..- "i, ,; , ',1,' commissioners Meeting Minutes: Week of NQvember 6, 1989 Page: 6 Chairman George Brown stated that he has been told that property owners have been told that they could have a hearing and then when they get to the meeting after traveling three to four hours, they find that there was no meeting at all. Mr. McMinds stated that the hearing w~s held in the case Chairman Brown mentioned, but two of the Planning Commission members were ill and could not make that hearing. There was another instance that two Planning Commissioners could not make a meeting. The Tribe is reviewing this situation and two new Planning commissioners are being appointed. He added that he doesn't appreciate people who have worked through the Tribe's process and had their conditional uses met, being anti-Quinault Indian. Commissioner B. G. Brown stated that in the past the people who owned property on the reservation were afforded due process to go through the Tribal Planning commission, but because of what the Board members have heard, they would like assurance that the Quinault land use planning process is open and easily accessible. Co~issioner Dennison added that he doesn't want to talk about specific incidents, but he would like to look at some areas of the Quinault's process and to be assured that it is workable. Mr. McMinds responded that an interesting thing about Tribal law and Tribal jurisdiction is that there is only one place beside the Tribe that a review of tribal processes can take place and that is at a federal court. We are coming to the County out of courtesy. The Quinault Indian Nation does not look at Jefferson County as an oversight process for anything that occurs within the boundaries of the Quinault reservation. Commissioner Dennison asked Mr. McMinds if this is an issue that the Indians would want to discuss? Mr. McMinds stated that this is an issue that should be discussed to avoid confrontation, but that each parties role in the discussion should be understood. The County's role is not to oversee the Tribe's actions and the ~ribe's role is not to oversee anything the County does. Mr. McMinds stated that he would like to see the County and Indian staff sit down and work out a course of action as was agreed to at the last meeting. Commissioner B. G. Brown asked what Mr. McMinds felt was agreed to at the last meeting? Guy McMinds stated that he interpreted the agreement at the last meeting to mean that if there were differences regarding the memorandum of understanding, the staff members would meet to work out the changes that would make it acceptable to each party. Mr. McMinds reported that they came prepared with their Tribal Planner and their Attorney to work on this document over lunch. Richard ReiCh, Attorney for the Quinault Indian Nation, stated that if the problems with the Memorandum of understanding can be worked out, more regular communication could be opened regarding concerns that each party may have about processes. Commissioner B. G. Brown stated that the next move is to get the County legal coUnsel and Planner together with the Tribe's legal counsel and Planner to work on the Memorandum of understanding. HEARING NOTICE re: Proposed Budget Ap,propriations/Extensions: Variance County Departments: Commissioner Dennison moved to approve and sign Resolution No. 103-89 declaring an emergency and setting the hearing date of November 20, 1989 at 10:00 a.m., for the requested budget appropria- tions/extensions as submitted by and for the Assessor, capital Improvement Fund, Cooperative Extension, Facilities Management, Facilities-Parks, Jefferson County Centennial Committee and the Jefferson County Fair. commissioner B. G. Brown seconded the motion which carried by unanimous vote. VOL 15 rM,r on 5Z1.6,~ 'l'tJ'" ',.. \ . . , .. commissioners Meeting Minutes: Week of November 6, 1989 Page: 7 1989 Bu4get Transfers: Various CQpnty Department~: Commissioner Dennison moved to ap~rove and sign Resolution No. 104-89 authorizing the budget transfers requested by Juvenile and Family Court services, Non- Departmental Fund, Facilities Management, and Facilities - Parks. Commis- sioner B. G. Brown seconded the motion which carried by a unanimous vote. CONTRACT re: Professional Services for Services Provided by the Jeffer~on CQUJlty Health DepartmelQ,t: OUests Clearwater School District #20: Commissioner B. G. Brown moved to approve the contract for professional services being provided by the Health Department to QueetsjClearwater School District #20 as presented. Commissioner Dennison seconded the motion which carried by a unanimous vote. CONTRACT 12200-73555 re: Alcollol and Drug Abq.seFundin9 for Human Services Departmept: Washington State Dep~ent of SOcial and Health Services: The contract between the Human Services Department and the State Department of Social and Health Services was approved as presented by motion of Commissioner B. G. Brown, seconded by Commissioner Dennison. The motion carried by a unanimous vote. ~plication~ for As~istance from the ~pldiers' and Sailors' Relief Fund:: Commissioner B. G.. Brown moved to approve the applications for Soldiers' and Sailors' Relief Funds as submitted: Harry Connely, Jr. $115.00; Matthew J. Little $335.00; and Paul A. Anderson $50.00. Commissioner Dennison seconded the motion which carried by a unanimous vote. Dave Douglas. Fair Toll Coalition re: update: David Cunningham, Pope Resources, and Mayor Brent Shirley were present when Dave Douglas, Secretary of the Fair Toll Coalition, updated the Board on the status of litigation regarding possible re-instatement of tolls on the Hood Canal Bridge. On the advice of legal coun~el, the Fair Toll Coalition is asking for a consensus of the major supporters interested in this suit, on how to proceed. A ruling was issued by Judqe Tanner placing an injunction on tolls being charged on the Hood Canal Bridge. The Ninth circuit Court of Appeals has overturned that judgement which killed the motion which dealt with the 129A issue. There is another viable motion. The State collected tolls over and above what was needed for maintenance on the bridge, from 1962 to the time the tolls were taken off in 1985. These tolls were not used to payoff the bonds for the reconstruction of the bridge. This is what makes the toll an illegal tax, which is an issue w~ich the Court has not ruled on yet. $3.6 million in tolls was collected over the amount of tolls the State was allowed to collect. If the Fair Toll Coalition prevailed on this issue of the tolls being an illegal tax, the $3.6 million could be recovered along with the legal costs that have been incurred in resolving this case, and interest of 10% per year for four years. Total cost of legal fees and services to date is $289,042.00. The Fair Toll Coalition spent $176,000 to the point that the injunction was placed on the tolls. Legal counsel estimates that it could cost as much as $50,000 to proceed with legal action. To date $60,000 has been paid to Kargianis, Austin & Erickson and $2,668.71 has been paid for printing and distributing the Writ of Certiorari. David Douglas stated that a consensus is needed from the major supporters of the Fair Toll Coalition as to: 1) Should further litigation be pursued on the case, and 2) If the case is terminated, should a drive be carried on to recover the $176,000.00 that was the cost at the time the injunction was raised. The attorneys confi~ that we should continue to support our legislature in trying to get legislation to resolve this issue. Substitute House Bill 2201 was passed by the State~House of Representative last year, VOL 15 fAGf 00 :.",... 521.7 commissioners Meeting Minutes: Week of November 6, 1989 Page: 8 but not by the Senate because of all of the ramifications of the battle over the gas tax. Commissioner B. G. Brown stated that he has heard that there won't be a gas tax introduced this next session. Maybe a bill regarding the Bridge tolls could be passed by itself during the next session, however. Mayor Shirley asked if this matter can be put on hold until the debt to the law firm can be paid? Dave Douglas reported that if Judge Tanner dismisses the case without prejudice, that means at some later date the case could be re- activated if there is action to place tolls on the bridge again. The Mayor asked how much the governmental agencies have contributed annually? Dave Douglas stated that the total contributions to date are approximately $65,000. Mayor Shirley stated that the Fair Toll Coalition should put pressure on the State through these legal channels, so that they don't place the tolls back on the bridge. Dave Doulgas stated that he feels that the lawyers would want to cQntinue any legal actions on a cash and carry basis. Dave Douglas added that approximately $17,000 will be needed within the next 12 months for the attorneys to continue. David Cunningham suggested that any legislative solution be handled carefully so that there isn't a political situation set up that might pit the Olympic Peninsula bridge users against the ferry users. Commissioner B. G. Brown asked that Dave Douglas ask the attorneys to put all action on hold until the legislative process is exhausted. Julie Jaman re: Forest Practices ~pplication for Property on Hastings Avenue: 35 area residents were present when Julie Jaman explained that she has come before the Board about the fQrest practices application made and submitted to the State Department of Natural Resources on October 5, 1989, for a piece of property on Hastings Avenue. She and other concerned citizens looked into this application and brought their findings to the County on October 23, 1989. She then iritroduced Mark Kubiak who serves on the Jefferson County Watershed Council which serves as an umbrella organiza- tion for organizations such as Wild Olympic Salmon, Ancient Forest committee, the Audubon Society, the Wild Plant Society, the Sierra Club, Trout Un- limited, and TFW (Timber, Fish and wildlife). All of these groups are concerned about the implications of this particular application. Mr. Mark Kubiak stated that he reviews the Forest Practice Applications for the Watershed Council. What appeared to be a typical timber harvest, followed by re-planting unfolded into a bungled permit process and a disregard for guidelines laid down in the Forest Practices Act. This is a much broader issue which is being felt county-wide. There is an increasing trend, county-wide, for the development of timberlands which will have a devastating effect on our County timber supply. The timber base has long sustained communities in Jefferson County. The questi9n is what can be done to slow development of the this timberland? Mr. Kubiak suggested that a subdi vision ordinance could b~ implemented which provides for a permi t process for subdivision of timberland into smaller than 20 acre parcels and requires the developer to provide water as a restriction onth~t land. SEPA review of such of timberland conversions could also be required as well as a public comment periOd on the permit. In. order to realize a sustainable yield of timber from County forest lands, slowing development may not be enough. sustained yield requires harvest rotations which can only be achieved by keeping an optimum amount of land in timber. If harvest rotations are short and are determined by strictly economic concerns there's likely to be long term environmental effects in reducing timber yield. There are no easy solutions to this problem. If we want to protect the county1s valuable timber and natural resources the Watershed Council should be considered to provide some assistance to the Commissioners and they have begun to make connections with members of the logging community which are also concerned about the same thing, Mr. Kubiak noted. VOL 15 f'AGr .1R on 52. " .~ ...,.... .~ Commissioners Meeting Minutes: Week of November 6, 1989 Page: 9 Linda Towpsend stated that as a private property owner that is concerned with the particular piece of property, she doesn't feel that anyone has considered the impact that such a clearcut will have on the groundwater or the aquifers. She asked how a 35 acre clearcut will effect the water table, the absorption and the runoff to the bluff? She concluded by asking that consideration be given to the environmental, natural resources and the future of Jefferson County. Julie Jaman stated that one of the key issues in this matter is "cumulative effect". Dawn Rachel then explained a map of the area noting where there are clear cuts. She noted that she researched this information in one day. Julie Jaman added that Dawn's report gives a brief idea of what could happen if the County had the money to track the cumulative effect on wildlife, resources, etc. Julie Jaman then read a statement, and added that she had gone to the Planning Department to research old Forest Practice Applications and could not find many of these documents. The Planning Department needs some money to help it with tracking these documents. Chairman George Brown stated that it is his understanding that the State DNR pulled this Forest Practices Application. He also noted that he asked the DNR about a clear cut that is close to the water and found that if the proposed cutting was within 200 feet of the water the County, througp the Shoreline Act, would have jurisdiction over reviewing the proposal. There was more discussion of the R.C.W.'s that provide for a six year moratorium on development that can be imposed by the county if a fraudulent Forest Practices Application results in a forest land conversion. Steve Barbe' explained that whatever the proposed cut is here, that along with the other cuts in the area will create more water runoff in the area with no trees to stop the flow of water and it will have an effect on the bluff. What is the legal ramification to the county if through lack of action on their part, the bluff slips away? Julie Jaman added that no one has discussed the wildlife in this area. There are foxes, coyotes, eagles and many other types of wildlife in this area. &usan Holland: Cape George is a prime example of water, drainage and septic system problems. Just take a look at that to see what you can possibly prevent in another area. Bob Crowly. Representing the Ouilcene Ancient Forest Coalition: Mr. Crowly reported that on last Thursday and Friday he attended the Governor's environmental summit in Seattle. 600 people from across the state looked at 23 environmental risks in this State. The risks to forest land was deter- mined by this group to be the fifth highest risk in the State. The people in this room are representing a voice that is out there and growing very fast. If you have question about that, ignore this issue and see how many people come back next time. Frank Converse: This is a good time to sort out who is calling the shots in the County. It sounds from the research, like Pope and Talbot and other large businesses figure that they can just fly these things through without comment. Carol Schniedman: I feel like if we don't put a moratorium on this property and really look into this, it'$ a thumbing of the nose of the people of the County. I hope that you take this into consideration. Jerry Gilbert: Mr. Gilbert stated that with regard to groundwater, if you talk with people on Marrowstone Island, they are having water well problems already. The County needs some policy or some way to slowdown and look at the growth we are experiencing. We've got to slow growth down enough so that we see what's happening. This particular issue will give us a chance. If you enforce a moratorium on them, or at least get SEPA done properly and let the entire community get involved and address this. I'm concerned that the loggers are screaming about the shortage of timber and they want to cut the old growth and a lot of that is because the trees are not being re- planted. Commissioner B. G. Brown asked if the group could suggest any kind of mechanism to address these concerns? Mr. Gilbert stated that possibly a fee '.... '\, :JI_ 15 tM;~ 00 52:19 " :'::;;'~:.'~~':;- /'." . commissioners Meeting Minutes: Week of November 6, 1989 Page: 10 could be imposed by the County on proposed land conversion. This type of fee would possibly slow the process down. Commissioner B. G. Brown stated that such a mechanism may not be available to a county in this state. Mike Reed: Mike Reed stated that he just learned today that there will be a convocation of Counties to discuss how to deal with these types of issues. Mr. Reed asked that one of the Commissioners attend this meeting. Commis- sioner B. G. Brown reported that there was a lawsuit filed by Snohomish County regardinq a clearcut on 5,000 acres around a watershed there. The County lost their case in Court. He further reported that the counties participating in the meeting that Mr. Reed spoke of, have met previously on these issue. Julie Jaman asked if the Board would agree to the idea of a citizens task force? Commissioner B. G. Brown responded that to help with this issue will take an agreement or some kind of legislation to help to any great degree. Commissioner Dennison added that you have to keep in mind that there is a fairly complex set of rules and regulations on forest practice applications. The Board met with the DNR several months ago to let them know that Jefferson County has concerns about their role in conversions. We're tapped into this issue. Commissioner B. G. Brown will be attending the counties meeting next week. Commissioner Dennison responded to a question from Julie Jaman regarding what the citizens can do to help the County pursue this issue, the citizens have to realize that the county does not have the authority to make policies at will. The County is given express authority to do only what is outlined in the R.C.W.'s. The state has the lead role in Forest Practice Applications. In the case of forest land conversions, the County is allowed a limited amount of input. Thea Greenhall: The County is not in charge of what's h~ppening with the conversion notices that it is getting or not getting. Some mechanism could be put in place where there is a mechanism to give the county oversight on these applications. There is no coordination happening on the county level where there is authority over conversion. Jim Pearson, Planning Department, responded that in the. Forest Practice regulations for a Class 4, General application such as the one for the Hastings Avenue property, since the county doesn~t have a license that must be issue, the County is not notified to be tne lead agency for SEPA. The County could comment on the SEPA review done by the Forest Practices Board. Mike Reed: Mike Reed stated that the DNR in Forks has given the power to carry out SEPA to that lead agency. (County or City) that may have to issue a permit sometime in the future. Jim Pearson noted that the County does get a copy of Forest Practice Applications that are for property wi thin the Shoreline designation or for forest lands that are going to be converted. Mark Kubiak: Mr. Kubiak asked if the watershed Council oould assist the County in reviewing these Forest Practice Applications? They are willing to do what they can to help the County. Several people asked if the Commissioners talk to the Prosecuting Attorney and he says the County has authority, and it is determined that the applica- tion is fraudulent, will they put a moratorium on the development of this property? The Board indicated that they would have to talk with the prosecuting Attorney before making a determination on that issue. The discussion continued regarding tne process and requirements of Forest Practice Applications and the possibility of the County establishing a task force on this issue. Bob Crowly: There is a short term and long term situation regarding these issues. The Board has agreed, in the short term to discuss possible fraud on this application with the Prosecuting Attorney. Mr. crowly suggested that the County Assessor look at past conversions to see if there have been any previous situation where fraud may have occurred, and give this group an indication of the time frame that this task could be accomplished. In the long term a task force (or advisory committee) could be established to represent a broad cross section of interests. Mr. Crowly asked the Board to VOl 15 r~r,i 0"\ 5220 ",- . <"'.~ ,.,. ,','. ::t:--;..-. 't'~ ~ , I commissioners Meeting Minutes: Week of November 6, 1989 Page: 11 authorize the appointment of a task force. The County can also look at the legal mechanisms that the County can put in place. An unidentified man asked if it would be possible for the Board to send a note to realtors and developers to direct them to fill out the Forest Practice Application properly? MEETING~~~~, .'/ l' ~. . lJ'lif' .~.... ,~".~ " . ~,"'\., ,,"," .,' 1t t" /. ~ . ....,., .,,\ . ::', ~:I,' /. ....... ~, ,0 ", ~(" 'PI" . ,,"'oj ># . \lIIII' \ttl . , "'" I- '\ till _'Jir '. .... SEAL:.-: \if l~i" /':' , .. - - . ~ 'tf . ~ ~,.l .;"" , .,' - '~ j . ~ ". .. >i .. ~~.... - ATTEST :"':~'" , '. ". ~ :~.. "-, '/1$"'1 (.'J /" ~'. \I, .. JEFFERSON COUNTY BOARD OF COMMISSIONERS . '- - ."",--.q~' / ~~. George C. rown, Chairman ~ B. G. Brown, Member Q/~adMt~, Lorna L. Delaney, . Clerk of the Board ~~-n-'-:~) Larry . Dennl.son, Member VOl 15 r'M,' or. 5221