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HomeMy WebLinkAboutM051887 C'C1~~ (g{3/Y1 A.~ .~. y / ,. " M, M' 1_ _I JEFFERSON COUNTY BOARD OF COMMISSIONERS I M MI 1M MI District No. 1 Commissioner: Larry W. Dennison, Chairman 1 _I District No. 2 Commissioner: B.G. Brown, Member I M MI District No. 3 Commissioner: George C. Brown, Member I_ 1 r_ _I Clerk of the Board: 3erdine C. Bragg i _I Public Works Director: Gary A. Rowe I 81 1M M' M M I NUT E S Week of May 18, 1981 The meeting was called to order at the appointed time by Chairman Larry W. Dennison with Commissioner B. G. Brown and Commis- sioner George Brown both present. BEARING re: Proposed Establishment of .1ail Housino Fees for Certain Alcohol Related Offenses: Chairman Dennison opened the public hearing regarding the proposed ordinance to establish jail housing fees for alcohol related offenses and asked for public comment for or against the proposed ordinance. Ed Sasser, Jail Supervisor, explained that the sliding scale used for the fee schedule is based on the DSHS need standard, which. is the amount of income on which a single person can survive in Jefferson County. For example a single person, with no dependents, and an income of $511.00 per month or less, would not be charged a fee for their jail stay. A single person making between $511.00 and $1,022.00 per month would pay the $25.00 fee. This scale includes families with up to 10 dependents. The fee is charged for the first two days of incarceration only. Being no further public comment the Chairman closed the hearing. Commissioner B.G. Brown moved to approve and adopt Ordinance No. 2-87 establishing jail housing fees for certain alcohol related offenses as advertised. Commissioner George Brown seconded the motion. Bid Award: Vote Tabulation and VotinaSystem: Auditor Mary Gaboury submitted a written recommendation to the Board stating that the bid for a new vote, vote tabulation system be awarded to Business Records Corporation for the JlOptic P3" optical scan voting system subject to the following exceptio!1S: 1) Certification by the State of Washington, 2) Replacement of the IBM PC XT ($3,418.00) with an IBM PC AT ($5,318.00) 3) Annual maintenance fee of $1,389.00, 4) Annual license fee for software $1,150.00 (provides enhancement and updates to software), and including the purchase of 80 corrugated, reuseable "Vote-a-Booth" voting booths at $22.00 each for a tota,l cost of $1;760.00. The sales tax was overstated on the bid at 7.8% which will be corrected to 6.5%. The total bid price is $55,70.1.15 (with the correction in the sales tax and the IBM PC AT computer). Public Works Director, Gary Rowe reported that about $250.00 could be saved if the IBM PC AT is purchased by the County. Commissioner B.G. Brown advised that he has some concern about awarding this contract before the system receives State certification because the bid call says that the system must be certified by the State. After further discussion of bid procedures, Commissioner VOl 13 Ut~ l {) <;;l r:;: r::- . 1., ~.,,] .....-.~'-" Commissioners' Meeting Minutes: Week of May 18, 1987 Page: 2 B.G. Brown moved to table the awarding of the bid for the new voting, vote tabulation system. Commissioner George Brown seconded the motion. AJ)Dlications for Assist:ance from the Soldiers' and Sailors' Relief Fund: Commissioner B.G. Brown moved to approve the applications for assistance from the Soldiers' and Sailors' Relief Fund for Daniel Conner in the amount of $200.00; Elizabeth Gunderson for $180.00 and Byron D. Whi te for $461.15. Commissioner George Brown seconded the motion. BUSINESS FROM COUNTY DEPARTMENTS Public Works Hearina Notice re: Petition for Vacation of County Road: Portion of Holman Boulevard, Chalmer's Addition: Tom McAndrew, Petitioner: Commissioner B.G. Brown moved to set the public hearing for the Petition to vacate a portion of Holman Boulevard in Chalmer's Addition as submitted by Tom McAndrew for 10:30 a.m. on June 8, 1987. Commissioner George Brown seconded the motion. Intent to Vacate: Port:ion of Colwell Street in the Plat of Chalmer's Second Addition. Hadlock: Public Works Director, Gary Rowe, reported that this intent to vacate is in conjunction with an agreement wi th Dick Shold who is developing a commercial project in this area (See also Minutes of April 6, and May 11, 1987). The C01.lnty will be deeded right-of-way by Mr. Shold as compensation for. this vacation. Commissioner B. G. Brown moved to approve and sign Resolution No. 41-81 the Intent to vacate a portion of Colwell Street in the Plat of Chalmer's Second Addition setting the hearing date for June 8, 1981 at 11:00 a.m. Commissioner George Brown seconded the motion. Order of Vacation: Portion of Allev on South Border of Lot 6, Block 1 Correia's Addition to Irondale: Xeeaan. Petitioner: This order of vacation will be presented to the Board after the County receives the compensation from the petitioner, Gary Rowe reported. Discussion of the policy regarding the payment of compensation for road vacations was discussed and it was determined that the policy needs to be re- defined. Rescindina the Vacation of a Portion of Second Street and Lot Lines in the Plat of South Port Townsend: Hadlock: (See also Minutes of April 7, 1986 - Resolution 26-86) The petitioner has informed the Public Works Department, Gary Rowe reported, that they do not want to pay the compensation required to complete this road vacation. Commis- sioner B.G. Brown moved to approve and sign Resolution No. 42-87 rescinding the vacation of a portion of Second Street within Block 5 of the Plat of South Port Townsend. Commissioner George Brown seconded the motion. Solid Waste Advisory Committee: Need for two more Members: Michael Purser who was representing the Jefferson County Soil Conserva~ tion District on the Solid Waste Advisory Committee will be.replaced by Leslie Aicken, which leaves her position as a member at large from the community vacant, Carter Breskin, Administrative Assistant reported. John Floyd of PUD #1 has also resigned. The Board directed that an advertisement be run to find people willing to serve on this Committee. Bonds for PaYment of the Public Works Trust Fund Loan Proaram: (See Minutes of May 11, 1987) The State Department of Community Development notified the County, in January, that a bond would be required for the County to replace the Public Works Trust Fund VOL 13 rAC~ o lE?$ Commissioners' Meeting Minutes: Week of May 18, 1987 Page: 3 Loan that it received. The bond process was started, but after checking again with DCD, Gary Rowe was informed that the State will not require that this be done. PLANNING SEPA Threshold Determination: Planer Buildina. Gardiner Beach Road: OlvmDic Northern Forest Products: Project proponents .1erry, Ben and Helen Levine were present when Senior Planner, Rachel Nathanson, reviewed the environmental checklist for this proposal by Olympic Northern Forest Products to construct an 2,912 square foot building which will house a planer and conveyor system for the existing sawmill operation, on Gardiner Beach Road. The building will be open on all sides, but the project proponent has stated that they may enclose the planer in a sound attenuating structure if it is necessary to reduce noise. The planer itself measures six feet by twelve feet. The section of the checklist dealing with Noise (Questions 37 through 39) were then discussed, with the following being noted: Question 37: In addition to the project proponents answer that industrial no~se exists in the area, the Planning Department added that there is an existing sawmill on the site. Question 38: The project proponent has indicated that "the sound laws of the State will be obeyed. Legal hours will be sustained. " Rachel Nathanson reported that she discussed this wi th .1erry Levine to clarify what he meant by II legal hours will be sustained." The applicant stated that there are legal hours within the laws governing maximum noise limitations, with which they intend to comply. They do not want any further restriction on their hours of operation because they want to be competitive' with other sawmills in the State. In the past the projects on this site, Rachel Nathanson stated, have been limited in hours to Monday through Friday only between the hours of 7 a.m. and 8 p'.m. Question 39: In response to what measures will be used to reduce or control noise impacts, the proponent has stated that they will use "sound reducing walls where and when necessary". Rachel Nathanson added that they informed her that they would place sound attenuating walls around the planer itself, inside the structure, if after start-up the noise levels as reqUired by the State and the County are exceeded. The project proponents hopes that this will not be necessary because it would create some problems with the workings of the planer. Other clarifications on the checklist were: Question 44: The current comprehensive plan designation of the site is rural, industrial and adjacent to residential. Question 54: Metal siding was listed as the exterior building material proposed, but the building will actually have open sides. On Question 60 the Planning Department staff has indicated that shielded lights should be used to control light and glare impacts on the site. Question 67: There are existing road access permits onto Gardiner Beach Road. The number of vehicular, trips generated by the project (Question 72) are estimated by .the project proponent to remain the same. The nine mitigative measures suggested by the Planning Department were then reviewed for the Board by Ms. Nathanson. All of these conditions were developed from the overall approval on the sawmill site and from the checklist under current review. The final condition regarding noise analysis is the same condition language that was developed for a previous application for a chipper operation at this site. Rachel Nathanson discussed this condition wi th .1erry Levine, and the propo- nentsposition on this issue is that they do not wish to be restricted , VOL 13 f-AGt: o 1 Qt:;7 " Commissioners' Meeting Minutes: Week of May 18, 1981 Page: 4 to having to perform the noise analysis at start up. They intend to do a noise analysis when the planer is started. If they are out of compliance with the noise standards they will then develop whatever is necessary to bring the planer into compliance. Mr. .1erry Levine asked that the Board be made aware that based on the last major noise analysis done by the Planning Department on this site in May 1984, the project was wi thin the range of acceptable nois!i! limitation on the western boundary (Site 1 was 32db) of the property. They feel that by placing the planer near the western portion of the property they will not exceed the 60 db on that property boundary. Chairman Dennison asked who would be performing the noise analysis? The current language of the mitigative measure requires that a noise analysis be conducted by some sort of consultant at the time of start up of the planer to assure that the operation is within the noise limitations. The applicant has stated, Rachel noted, that he will do his own noise analysis and that he does not want the language as proposed in mitigative measure number nine. Chairman Dennison asked when this site was designated as industrial? Rachel Nathanson responded that when the first building permit was issued in 1983 the industrial designation was adopted at that time. .1erry Levine stated that the property was used as a gravel pit when it was purchased. .1erry Levine then advised that the State Department of Labor and Industries also regulates the operation of this project and is con- cerned about the personal safety of the employees on the si te. The approach that Labor and Industries uses with regard to enforcement of their standards is to make sure the employer meets the standards outlined and if they are out of compliance the operation is shut down. This method of enforcement does not impose any unnecessary cost to the small business concern. The Chairman stated concern regarding how the neighbors might react to such a policy. .1erry Levine asked that the two closest neighbors (directly north of Gardiner Beach Road from the site) be contacted and asked how they would feel about this matter. Ben Levine asked that the Board treat his operation the same way that other chipper operations, which have been out of compliance with the noise regulations, have been treated. Other chippers have been given six months to bring their operations into compliance. He noted that the County has not found his operation out of compliance, and yet they are being restricted and treated as if they are guilty before they even start up. . Rachel Nathanson'clarified her previous statement that these suggested conditions are not put on every operation, but that the County always puts conditions of approval on industrial and commercial projects. Each project is not given the same conditions. After discussion of the noise regulations and how they are to be implemented, Ben Levine added tha t the law states that the adjoining property owner, must place a complaint that the operation is too loud, at his line, and then the noise level is checked by the State or the County. Mr. Levine asked that the County obey the law. Planning Director David Goldsmith advised that the Board's task is to make a threshold determination by determining if the information on the environmental checklist is adequate to make a Det~rmination of Non- Significance and if not a Determination of Significance can be made which requires the applicant to do an Environmental Impact Statement or the checklist could be given back to the applicant for further informa- tion. .1erry Levine added for clarification that if their mill was competing with other mills that have the same hours that would be fine. Small companies really have to deal with competition. Chairman Dennison asked for further clarification of his previous question regarding the designation of this property before the Levine's purchased it. David Goldsmith answered that originally the site was , VOL 13 rAG~ o lC~S ..' Commissioners' Meeting Minutes: Week of May 18, 1981 Page: 5 listed as residential in the Comprehensive Plan, but was treated as a conditional use when the Levine sawmill project was reviewed because of the existing gravel pit operation on the site. It was considered an industrial site because it was historically a gravel pit. Helen Levine added that in the original project application it was noted that the area is considered rural, not residential. The County does not have a noise meter, David Goldsmith further reported, and a Class I or II noise meter is needed to qualify for this noise moni toring. Mr. Goldsmith then explained what is meant by a Class I or II noise meter for .1erry Levine. Jerry Levine added that this is required by State regulations and. that makes it the govern- ments I (the County) responsibility to provide. The possibility of borrowing a meter from the University of Washington was suggested. Chairman Dennison asked how much it would cost to have the monitoring done by an independent party? Ben Levine $tated that he and his attorney have read the SEPA laws in depth and he has not found where'it says that the monitoring must be provided by the project proponent. Commissioner B.G. Brown moved to issue a determination of non-sig- nificance with the mitigative measures as stated, including number nine, while trying to find a method of providing the required monitor- ing that is reasonable (as.far as costs) to the applicant. Commis- sioner George Brown seconded the motion. The noise meter that is used for the monitoring must provide a graph of the levels recorded. In response to Chairman Dennison's query regarding'how it will be deter- mined that something reasonable has been agreed upon on Condition number nine, Rachel Nathanson stated that the County will accept an individual who is knowledgeable in the field of noise analysis, to do the monitoring (not necessarily a hired consultant), but the person has to be acceptable to the applicant and the County. Chairman Dennison then restated the motion as follows: A determination of non-significance be issued with the mitigative measures as recom- mended by the Planning Department and that the Planning Department work with the applicant to find the best solution to mitigative measure number nine. HiGhwav 20 Corridor Policy: Plannina Commission Recommenda- t:ion: Planning Director David Goldsmith reported that the Board took action on the Highway 20 Corridor Policy and referred it back to the Planning Commission for their review. (See Minutes of May 11, 1987). The Planning Commission recommends that the SR20 Corridor Policy as submitted be adopted as an official chapter of the County Comprehensive Plan with the comments and changes as follows: 1. Buffers - The buffer should be applicable to that area adjoining Highway 20 right-of-way or the inside boundary of the Corridor perimeter where the perimeter adjoins a dissimilar land use designa- tion. 2. Buffer density - vegetation within the highway right-of- way should not be used to determine buffer density. 3. Earth berm - This term should be "planted" earth berm. 4. BUffer width - A minimum buffer width of 20 feet is recommended. 5. Access to area north of the railroad right-of-way in the Phillips Bayview Addition - Traffic in this portion of the industrial area has no direct access to the Highway and may circulate through the adjoining residential areas. Discussion of the buffers, berm and buffer density with regard to the intent of the policy ensued. The Planning Commissions' recommendations . VOL 13 rAG~ o If9t;9 Commissioners' Meeting Minutes: Week of May 18, 1987 Page: 6 were made in an a~tempt to be consistent with the intent of the policy, David Goldsmith added. He further noted that because the Board changed the area to be included in this policy, the Planning Commission needed to review the changed policy and make their recommendation. Harvey Fleming, Planning Commission member, asked the Board not to change the language on buffering as recommended by the Planning Commission and also noted that with regard to Item 5 of the Planning Commissions recommendation, the only access to this industrial area is through a residential area, and this doesn't seem smart. A suggestion, Mr. Fleming added, is to leave this area out of the industrial designa- tion pending a solution to the access problem. Alan Carmen added that this area is designated residential but it is not being used that way and there are very few residences in it. This area was originally included within the scope of the Highway 20 Corridor Policy, Mr. Carmen continued, and he feels that it should not have been taken out of the area to be designated as industrial. This area is a perfect place to put industrial uses. It has good soils and an industrIal water supply. The discussion continued regarding the or ig inal planning for this area and the uses that it would best be suited for in the future. Commissioner B.G. Brown said that the Planning Commission's recommenda- tion number 5 is not about including any additional parcel of property in the industrial designation, but that the access question to a specific area should be addressed if possible. The number of residen- ces in the area, how the property owners feel about having the area redesignated as "Industrial", and the access roads into this area were then discussed. Rachel Nathanson stated that one of the property owners in this area has submitted testimony stating that they do not want the area redesignated as "Industrial". Chairman Dennison stated that this area could be excluded from the redesignation and if it needs to be redesignated it can be done in the future. Commissioner B.~. Brown moved to exclude from the industrial re- designation the area bounded by Florence Avenue and SR20 north of the railroad tracks in the Phillips Bay View Addition and the Planning Commissions recommendations are adopted with the exception of. number 4, as well as approving the SR20 Highway Corridor plan as part of the County Comprehensive Plan. Commissioner George Brown seconded the motion. Chairman Dennison added that he doesn't feel the exclusion of the P 1a,nning Commissions' recommendation number 4 will meet the County's intent to keep the right-of-way as natural looking as possible. He feels that requiring and minimum buffer width as well as having a buffer plan developed by a professional would meet this intent. Chairman Dennison called for the question with Commissioner B.G. Brown and Commissioner George Brown voting in favor of the motion and Commissioner Larry W. Dennison voting against the motion. Setback Variance: Seal Rock Road. Brinnon: Don Seidl: (See also Minutes of April 27, 1987) Planning Director David Goldsmith reported that he has met with Mr. Seidl since the Board last reviewed this setback variance request and the following additional information was provided: 1) Mr. Seidl is replacing an existing mobile home on this site. 2) The sewage disposal system was installed in May of 1975 under a permit by the owner, Vernon .1acobson. 3) Mr. Seidl dug up the septic system and exposed portions of the leach line. The first leach line is within five feet of the highway right-of-way. Mr. Se!id1 is not sure exactly where all of the drainfield is locat~d. David Goldsmith recommended that the Board a11Qw the variance requested as an existing system with a note put on the record t:hat it is not . VOL 13 rAG~ o 1. Q60 Commissioners' Meeting Minutes: Week of May 18, 1987 Page: 1 known if the system works. The septic tank itself is new, but there is no knowledge of the length of the leach lines which directly effects the life of the drainfie1d. Commissioner B.G. Brown moved to approve the setback variance as requested by Mr. Seidl with the condition that a disclaimer be noted on the real estate deed for the property that the County does not have any record on the exact. location or capability of the septic system. Commissioner George Brown seconded the motion SEPA Threshold Determination: Shoreline Manaaement Master Proaram UDdate: Associate Planner Bob Duffy reported that the Shore- line Commission has been working on updating the Shoreline Management Master Program and the revision is ready for public review and comment. Mr. Duffy then reviewed the environmental checklist for this program update for the Board. The revisions proposed will update the sections on: Docks, Piers, and Floats, Landfills, Mooring Buoys, and Urban and. will add Oil Transship- ment and Public Access sections to the program. Mr. Duffy further stated that this update is not a proposal for a specific development. The program is designed to minimize the impacts of shoreline develop- ment and protect shoreline resources and it designates specific areas for different intensities of development. It will not directly effect any element of the environment, however, many projects regulated by the program may effe~t the environment and those would be evaluated on a case by case basis with their own environmental checklist. Commissioner B.G. Brown moved to issue a Determination of Non-Sig- nificance for the updated .1efferson-Port Townsend Shoreline Management Master Program. Commissioner George Brown seconded the motion. Water Quali t:v Proarams: David Goldsmith presented a two year, overall County water quality program with the objective of continuing the ambient water monitoring of QUilcene and Dabob Bays; continuing and expanding the County wide septic repair loan program; developing watershed maps for the watershed action program; convene and provide services for a committee formed to begin the long term water- shed selection process; expanding the animal keeping/pasture management program of the Soil Conservation District; expanding the public education and outreach programs of the County and the Soil Conservation District; developing a model watershed action plan; developing a model septic system repair program and developing strategy for wetland preservation. This program was submitted to the State for grant funding for a total amount of $193,200. The current water quality program funding ends in .1une and new funding is not likely to be approved or begin until September. There is an intern from Evergreen State College who would like to work for the County (at no cost to the County) doing water quality monitoring. David Goldsmith concluded. HEALTH Donald and Frances McMackin re: Increase in Water Allocat:ion from Countv Well for Loaaers' Landino: Mrs. McMackin explained that the Health Department will given their approval of the liquor license application for the Loggers Landing Cafe if the County will increase the water allotment from their well to the restaurant. The McMackin's submitted a letter from the firm that performed a pump test on the well in 1981 which advised that they feel the well has the capacity to provide this increased allotment. Chairman Dennison stated that he is concerned that the County is providing free water from a County well to a private business. Commissioner B.G. Brown reported that the County's agreement for providing water is with the VFW and the McMackin's lease the property from the VFW. They pay a rental payment that includes a charge for the "VOL 13 f-AG€ o 1.Q61 . & Commissioners' Meeting Minutes: Week of May 18, 1987 Page: 8 water. If the VFW was to sell the property then the McMackin's would have to negotiate with the County for the water from the County well. The best way to show this water allotment change on the Agreement with the VFW was then discussed. Commissioner B.G. Brown moved to increase the water allotment from the County well to the VFW Hall (Loggers' Landing Cafe) in Quilcene from 800 to 1,200 gallons per day. Commissioner George Brown seconded the motion. The Prosecuting Attorney will make the changes necessary to reflect thi~ increased allotment in the agreement with the VFW. TREASURER Petition for Property Tax Refund: Howard Reid: Commissioner B.G. Brown moved to approve the Petition for Property Tax Refund submitted for Howard Reid in the amount of $95.13. Commissioner George Brown seconded the motion. J'UVENILE SERVICES Budaet Transfer: .1uvenile/Familv Court Services: Resolution No. 43-81 was approved by motion of Commissioner B.G. Brown, seconded by Commissioner George Brown for the budget transfer requested by .1uvenile/Family Court Services. * * * APPROVAL OF MINUTES: The Minutes of the May 11, 1987 meeting were approved as corrected by motion of Commissioner B.G. Brown, seconde~ by Commissioner George Brown. MEETING AD.1OURNED .1EFFERSON COUNTY BOARD OF COMMISSIONERS tJ., ..Ji.: . . ~'1 . . v. ~. ," . . ,....;\ ... ~d ,('~!' ~ll' ,',- .. Yrii. , It c, I Chairman :\\ ~ B.G. Brown, Member -d;;,~wn~ ATTEST: f}d~~'~~ dine C. Bragg, Clerk of the Board . VOl 13 f'AGf o 1Q62