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Home My WebLink AboutM012687 ,; .i;! - "' -~- ..- - -, .- . -...-:. - .---.. ... .. - ., ,. EI 3EFFERSON COUHTY BOARD OF OOMNISSIOBERS I _ ., 1- Bml District No. 1 Commissioner: Larry W. Dennison, Chairman I .. _I District No. 2 Commissioner: B.G. Brown, Member I I .. IiIU District No. 3 Commissioner: George C.Brown, Member I III _I ,. DBI Clerk of the Board: Jerdine C. Bragg 1 .- .., Public Works Director: Gary A. Rowe , .. _I 1_ filii' ail MINUTES Week of January 26, 1987 I Chairman Larry W. Dennison called the meeting to order in the presence of Commissioner B.G. Brown and Commissioner George;C. Brown. i i Cheryl Van Dvke re: Peninsula Tourism: Cheryl Van Dyke invited the Board to attend a Chamber of Commerce Board Retreat and stated that this is be'1hg,done because the Chamber is findiJjlg that they do not have enough money to continue some of their programsi Priorities will be set for the programs that the Chamber sponsors. A second meeting will be held to help the Chamber set priorities for the use of the Hotel/Motel tax funds they receive. . The Peninsula Tourism Council (Region 8) to which the County donated $1,000 this year promotes the entire OlYmPic Peninsula as aitourism destination. The State matches the contribution made by ea~h group to this Council. The Council is made up of five counties: 3~fferson, Clallam, Grays Harbor, Kitsap and Mason. 3efferson County ~as traditionally had two representatives, both from Port Townsend. Ms. Van Dyke asked that the Board appoint a third representativ~ to this Council from the County. Ms. Van Dyke then reviewed the Council's marketing plan. I Deborah Shomerre: Proposal for VFW Ball (1020 Water street): Ms. Shomer asked the Board what the County's plans are for the VFW Hall and asked that a proposal to close off the upstairs portioniof the building and make the downstairs usable, be considered. Public Works Director, Gary Rowe, outlined the four items that need to be done to the building to make it insurable: 1) The second and third floors need to be sealed off, 2) If second floor is not sealed offithen another tire escape would have to be provided, 3) The facility wiring would have to be inspected by a Certified Inspector, and thEm brought up to code and 4) Fire extinguishers would have to be provided for the bUilding. The insurance company requires that any buildingiuser have the County named as an additional insured on their insuranc+ policy which would have to include Comprehensive Liability, etc. There are interested parties, Ms. Shomer added, who would be willing to put some work into seeing that the VFW Hall be made usable, !if they had some support from the County. Chairman Dennison stated that he would like to see a proposal from the people who are willing to work on the i building, that would include bringing the building up to the necessary standard to decrease the County's insurance liability. ! The Board should also investigate selling the building and *sing the income from that to bring the Port Townsend Community center. up to a standard that would accommodate the demand for public space After further discussion of the condition of the building, the in urance I I VOL 13 rACEf --0278 =' .,"<t>e: ""~' /":"~\~~' ~,3.!,.g?~~~oo 'ill; .a~oa Y'l'A.UO:J ~Q?)t3~'.t. :15r.<'!t,Sfi'.; ,::.".,~tJlf!nlI .W ~ f)~1 , :'l~ <::.. . ~1W '1-':' ',:::t."~~< rIWOI':ii '\l' -'!'r:.:.:.J, ;:'. a ','~n:oLo:;'.; t:'.h:: '",;."' o.r 8: ~~ ': '11 C<") ~~ 'X,?Oltl')1 ftNO':f.cZ f:""<"~ . '. '1("'i;G; .~~-i~,'~"l":,,) '..:~Pl; ':! f: t:-){},i. ,).-.r9t.. .'. ;,',":' '~:..~()B -.;,f!':T A ,'~.U.... 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'-::; ;...~.<>~; .(":'; Bfi1.j<:HLT Y)Hi r:l~':~2 o:rn: .;j,!o~' '.smq.e,:tisq bIl..;:>''''; Si1. :t€>fl:t - p~:'"5::re at..., :u~:,(j .~,f.,r:l"':' ,";;j,.:) , rUJO:.'.:L7 mo"!: :t~oqaU:,a!9m"<e. 9i'it fW ':-i'lC'W 01 ;?nf.! f1r~ <:<15 ori.w ").LC!c",c' nrl:;\" fL::,:n"J l.B20q()'[.:~ .l'li ~~s ~'6:':t a'-liL V'1f"i:2:,'")9{( sri:!" ,Yi:.:::J ',,'.. j):,trJ~~Sf>{" :'(ij.n'r1:.'!o '3DU1':>'1j: j,>UJr,y.,1 ::t6J1 'J3Clb.1.tVd : .~.':j!:i, ::',;;.L1. 9~)r.;'_:fr(<?;.;< "',,"~l1ijO~'i 0f:::f :~;.Hi;.r;'r:),:,;.n .OJ Pftsc,frf>:te- ~'. 1:; 'O.L.;C'.u (,J!f5' -':H~!,.'.;;;.L r;d ',;. j {-[:rt i _ee"::-B-pi: 1e9V f~ ~,e:f~ :.:.' J. ',,: rta':YJ:F:kh'1 ed'::.,' C;j ",1,.~~ ".r~:f_tl1":i;J ~,~::- ,i ..:L/.i~f;~H.'>;.- l)r.i~..~L?(f~~~#(:t~, ~ ~:,).....i 9'rf.:-: ',;.[:~:. "ofC" \;I,} n ~~r!:t rttO:f'~' ~:f:tt,oijftt "f.-"j-7'"1"..!.1, ,;,;,."~c-.-"".,,~,__~r'L~'j..'.-'-'l" .!('-t:..y:.......!j'.,::.!'j,.:-. ))~~.a.- .0.1.,.....- ;..:... .-\.t...~ .....~_r'f,+".\_;.~-"._~.?',.,';:: _". _, -,_s,:~...,'~ ....'4_', "'~ --,--'_ liJ,. ~,~ "I ,~_.\J' ~..;'1; L:,,fL-,i...:.-..... 3>.~ t--o J~Jii;!l~"_,'_..,,._h_,;.';.Jlt?-k~ :'l:-H:i;'i ;:~lt,;:, ~':tH1 ,t?f! ,..vI '~,ri !'C ' .i'1,~,11 :.PIlO';.,i ,:;. .f~Ql aSJ:f:JZl r.b t:. r ~~ '~ , Commissioners' Meeting Minutes: Week of 3anuary 26, 1987 Page: 2 problems the condition posses and the possible uses for the building Commissioner B.G. Brown moved to declare the VFW Hall surplus and to start the proceedings to put the building up for sale. Commissioner George Brown seconded the motion for the purpose of discussion. Commissioner B.G. Brown added that there is a need to have spaces available that the public can rent in the City, but the cost of bringing the VFW Hall building up to code will require that the County charge a rental fee that would be substantially higher than it was previously. Some of the people who used that facility, even in the condition it was in, used it just because it was affordable. .Chairman Dennison stated that he is not ready to make a conclusive decision about selling the old VFWHall (Pioneer Building is the correct name) until the issue of finding affordable rental space for community groups is addressed. Ms. Shomer then stated that she feels the pressure is off of the County r~ght now to do anything with the building because it is closed and the insurance is not a problem. If the County would like to take up the offer of volunteer help to fix up the building a commitment would have to be made for a specific period of time, say five years. Commissioner B.G. Brown called for the question. Chairman Dennison restated the motion that was made and seconded to declare the VFW Hall surplus and that the sale of the building to explored. Commissioners B.G. and George Brown voted in favor of the motion, with Chairman Dennison voting against the motion. The motion carried. The Treasurer will be directed to start the sale proceedings. 1986 BudGet Transfers: Various County DeDQrtments: Commissioner B.G. Brown moved to approve and sign Resolution No. 6A-87 approving the 1986 budget transfers requested by the following departments: Sheriff, County Clerk, and District Court. Commissioner George Brown seconded the motion. Re-establishment of the Current ExPense Pettv Cash Accounts: Resolution No. 7A-87 was approved by motion of Commissioner B.G. Brown, seconded by Commissioner George Brown authorizing the re-establishment of the following Petty Cash Accounts: Advance Travel, Auditor, Clerk, Commissioners, District Court, Health, Human Services, Mental Health (Day Treatment Program), Planning, Sheriff, Solid Waste, and Treasurer, for a total amount of $10,053.00. Resianation of Member from the Civil Service Commission for the Sheriff.s Office: Gary Wall's resignation from the Civil Service Commission for the Sheriff's Office was accepted by motion of Commissioner B.G. Brown, seconded by Commissioner George Brown. A person to replace Mr. Wall on this Commission will besought. BUSINESS FROM COUNTY DEPARTMER'I'S PUBLIC WORKS DEPARTMER'I' ReDlacement of Member on the Solid Waste Committee: Public Works Director, Gary Rowe, reported that Lee Mayling, the owner of Superior Refuse has requested that his son Gordon be allowed to take his place on the Solid Waste Advisory Committee because Gordon is in charge of Superior's operation here in 3efferson County. Commissioner B.G. Brown moved~approve the replacement of Lee Mayling by Gordon Mayling on the Solid Waste Advisory Committee. Commissioner George Brown seconded the motion. , VOl. 13 rAG~ fEl- 279 . . Commissioners' Meeting Minutes: Week of 3anuary 26, 1987 Page: 3 Postina Notice of Purchase between $1,000 and $3,500: Culvert Pipe Purchase: Gary Rowe asked that the quotes received for the purchase of 400 lineal feet of 18 inch culvert pipe by the Public Works Department be posted for three days as required. Since the low bidder was Armco in the amount of $2,290.76, Commissioner B.G. Brown moved to approve the purchase of the culvert pipe from Armco after the posting period expires. Commissioner George Brown seconded the motion. AGREEMENT re: Installation of Water Line. Oak Bay Park: City of Port Townsend: This agreement, Gary Rowe explained, is a "Late Comer Agreement" which states that any property owner that wants to hook up to the water line installed to the Oak Bay Park during the next ten years must reimburse the County for their share of the cost of the water line installation. Commissioner B..G. Brown moved to approve the agreement with the City to recoup the water line installation costs from hook ups for the next ten years. Commissioner George Brown seconded the motion. 1987 Capital Purchases: Eauipment Rental and Revolvina Fund: Gary Rowe reviewed the list of 1987 Capital Purchases from the Equipment Rental and Revolving Fund. The bidding specifications will be developed for the items that require bids because they cannot be purchased off another County's bid or from the State contract. PLA:NRIHG DEPARTMEH'l' Appeal re: Flood Plain Ordinance Requirement: W. E. Sellman. Brinnon: Associate Planner, Bob Duffy, reported that Mr. Sellman has applied for a building permit fora substsntial addition to his home on the Duckabush River which is located in a flood area. The Flood Plain Management Ordinance defines IIsubstantial improvementll as one that is worth 50% or more of the value of the structure. The Ordinance requires that the lowest floor of the structure be one foot above the base flood elevation which was established by Mr. Sellman as 14 feet. Mr. Sellman's proposed patio is at an elevation of 12.75 feet. Mr. Sellman has the following options with regard to this situation: 1) The home addition could be raised to meet the required height, 2) The value of the addition could be reduced to an amount which would be less than the 50% which is considered a IIsubstantial development", 3) An engineer or surveyor could be hired to see if a lower base flood elevation can be established, (this may not work if Mr. Sellman's figures are accurate), and 4) Mr Sellman can obtain a variance from the Flood Plain Management Ordinance, as outlined in Section 7.2 of the Ordinance. Mr. Sellman has requested a hearing on this issue and does not want to hire an outside engineer. 'He also objects to having to lower the improvement value to below 50%. Mr. Sellman then reported that he purchased this property a little over ten years ago and over that time he has rip rapped the river front and raised his property to an elevation which has resulted in no flooding on the site. There have been as many as four floods during the winter over the last several years and the structure floor has never been any closer than 16 inches to the top of these floods. He stated that he can not see any reason that his home should have to be raised any higher than it is, especially since his home is one of the highest along the river for a half a mile in either direction. The Sellman's have been spending their winters here, but now they are going to move here permanently, Mr. Sellman continued, and the addition to the home will allow them to have enough room when their children and grandchildren visit. As far as building 50% of the value, Mr. Sellman stated that he could build less than 50~ this year and then next year add another 50% to that and the next year another 50% to that, which would be expensive. The 28 foot addition proposed would allow a dining room, kitohen, bathroom and another bedroom as well as some storage room. He does not want to raise the level of the floor because t~at would require stairs which are hard on older. people. The foundation ~VOl 13 rAGrf -0 280 , \ Commissioners' Meeting Minutes: Week of 3anuary 26, 1987 Page: 4 has been installed because of Mr. Sellman's plans to be out of the area during the winter. Commissioner B.G. Brown noted that it doesn't make any sense to have Mr. Sellman stage his project over a two year period in order to build his addition the size he wishes and at the elevation he wishes. This would not serve the purpose of the Flood Plain Ordinance. Rachel Nathanson, Senior Planner, reported that Mr. Sellman's proposal is an addition of new rooms to the structure which is considered new construction. The discussion of the intent of the Flood Plain Ordinance was then discussed. The 50% substantial development limit was put into the Ordinance, Rachel Nathanson reported, so that existing structures would be brought into compliance with the regulations when substantial improvements are made. The Federal Emergency Management Agency makes the requirements for the Flood Program in order for the County residents to be eligible for reduced rate flood insurance, subsidized by the government. Lending institutions require that the homeowner carry this flood insurance to be eligible for financing. Mr. Sellman added that he does not have this flood insurance. Any property owner can waive their option to purchase this insurance, Bob Duffy reported. The elevations on the FEMA map are fairly general in some areas Commissioner B.G. Brown noted, and added that an Engineer may find something different, but that would be fairly expensive to have done. This Ordinance was passed to not only keep the County in compliance with the regulations for FEMA flood insurance, but also to allow properties in flood areas to obtain mortgage financing through lending institutions. Chairman Dennison asked if granting a variance to Mr. Sellman would have an effect on the County's eligibility for federal flood insurance? Bob Duffy reminded the Board that there are various findings that must be made (as stated in Section 7.2 of the Ordinance) before a variance can be granted. Commissioner George Brown asked Mr. Sellman to think about the future when he might want to sell his home and a prospective purchaser may want to secure financing through a bank, which could not be done if he doesn't have the flood insurance. Commissioner B.G. Brown added that, if the Board grants a variance, it would not have any effect on being able to buy flood insurance for this property at a later date. Mr. Sellman added that he doesn't see how hiring an Engineer or Surveyor will change the flood height established by FEMA. Chairman Dennison asked about the possibility of Mr. Sellman being able to make less than a 50% addition this year and then another addition next year. Ms. Nathanson stated that such an interpretation of the Ordinance would have to be checked with FEMA. Ms. Nathanson's interpretation of the Ordinance is that any improvement that Mr. Sellman would make a building permit for, would have to meet the requirements of the Flood Plain Ordinance. The Board then reviewed the conditions and criteria for allowing Mr. Sellman a variance with the following determinations being made.: 1) Reauest for variance heard no later than 45 days after date of filina: Even though Mr. Sellman filed his request November 11, 1986, because Mr. Sellman could not be contacted, the Board waived this requirement. 2) Reconstruction or rehabilitation of structures listed on the National Register of Historic Places or the State Inventory of Historic Places: Mr. Sellman's structure is not on either of these lists so this requirement was waived. 3) Variance cannot be issued in a desianated floodway if any increase in flood levels would result: Mr. Sellman's property is not in the floodway, so this does not apply. ~VOL 13 rAGE r -0 281 . , Commissioners' Meeting Minutes: Week of 3anuary 26, 1987 Page: 5 4) Variance shall only be issued upon a determination that the variance is the minimum necessary considerina the flood hazard, to afford relief: Mr. Sellman stated that he wants to keep his home on one level due to the hazards that stairs pose to elderly people. He cannot afford the cost to raise the structure to the level required. Chairman Dennison stated that he does not believe that the law intended that variances from it should be given for convenience. If variances are granted that do not apply to the intent of the regulations, Chairman Dennison asked if it is possible that FEMA could deny the Qounty flood insurance? Bob Duffy said that if the Board follows the variance process by analyzing the request, FEMA would not have any reason to cancel the County's eligibility for flood insurance. No determination was made on this point. 5) Variances shall only be issued upon a showina of aood and sufficient cause: The Board agreed that there is a showing of good and sufficient cause. 6) Determination that failure to arant the variance would result in exceptional hardship to the applicant: Commissioner B.G. Brown said that from Mr. Sellman's statements today, exceptional hardship could be claimed. 7) Grantina a variance will not result in increased flood heiahts, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the pUblic or conflict with existing local laws or ordinances: The Board determined that granting Mr. Sellman a variance will not result in any of the conditions noted. 8) In makina a decision reaardina a variance request the Board will consider the terms and intent of this ordinance and the potential that materials may be swept durina floodina on to other lands to the detriment of others: This would not be a problem with Mr. Sellman's property. 9) Actual danaer to life and property if flooding or erosion occurs: Granting a variance would not cause a problem in this regard. 10) Susceptibility of the proposed development and its' contents to flood damaae: The Board determined that it is unlikely that Mr. Sellman's home and its' contents would be susceptible to flood damage in a 100 year flood event. 11) Importance of the services provided bY the proposed facility to the community: This does not apply. 12) Necessity of the development of a waterfront location: Does not apply. 13) Availabilitv of the alternative locations for the proposed use: Does not apply because there are no al ternative locations., 14) Relationship of the proposed use to the Comprehensive Plan and the Flood Plain Manaaement Program for that area: No conflict. 15) Safety of access to the property in time of flood for ordinary and emeraency vehicles: Since the road is lower than the existing property, granting a variance would not have any effect on the access. 16) . Expected heiahts, velocity, duration, rate of rise, sediment transport or flood waters and effects of wave action at the site: Tides do have an influence on this site, but ~VOL 13 rAGEt ~ 0282 ., Commissioners' Meeting Minutes: Week of 3anuary 26, 1981 Page: 6 granting the variance will have no additional effect that is not present now. 17) Cost of providing governmental services durina and after flood conditions includina maintenance reoair or public utilities and facilities: . No public utilities and facilities are on this property and the variance would not have an effect on this. 18) Location and extent of storage area for flood water which will be displaced bv the proposed development: Not applicable. Commissioner B.G. Brown moved to issue the variance as requested by Mr. Sellman with the condition that the property owner assumes whatever liability there is for increased cost of flood insurance on the property. Commissioner George Brown seconded the motion. Shoreline Substantial Development Permit 8B16-86: Prancis Mu1bolland Dock, Mats Mat. Bav: Bob Duffy reviewed the application for a Shoreline Substantial Development Permit to replace and expand an exiting dock in Mats Mats Bay. There are docks on either side of the proposed replacement dock that extend out as far as the proposed dock. The Shoreline Commission recommends approval of this project with an additional condition being added to the one suggested by the Planning Department Staff . That condition would require hooded lighting on the dock. Oommissioner B.G. Brown moved to approve Shoreline Substantial Development Permit #SH16-86 for Francis Mulholland as recommended and with the conditions outlined by the Shoreline Commission. Commissioner George Brown seconded the motion. Shoreline SUbe'taDti.a1.DeveloDll811t Permi tApplication: LolUJ Line Shellfish GrowinG Svstem.:Off of Booc:lBead: A permit fora long line shellfish growing system to be placed off of Hood Head has been received Bob Duffy reported. This permit has been classified as a "primary" use which would not require a Shoreline Commission hearing. The long lines would be suspended by a series of buoys. The Board directed Mr. Duffy to have the Shoreline Commission review this application. * * * BEARZNG NOTICE re:Proposed Amendment to Ordinance No. 2-77 3efferson COuntv' Health Department Rules and ReGUlations: Commissioner B.G. Brown moved to. sign the hearing notice setting the public hearing for the proposed amendment to Ordinance No. 2-77 for Pebruary 9, 1987 at 10:30 a.m. in the Oommissioners' Chambers. APPROVAL OI'MI!flJTES: The Minutes of 3anuary5, 12 and 20, 1987 were approved by motion of Commissioner B.G. Brown, seconded by motion of Commissioner George Brown. . 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