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HomeMy WebLinkAboutM060887 '.\ ~i 'f ",!,.. 8. 8' 8' 81 U1 MIl ., 81 _1 ., _I U' District No. 1 Commissioner: District No. 2 Commissioner: District No. 3 Commissioner: Larry W. Dennison, B.G. Brown, Member George C. Brown, Member I , , Chairman I I , 1 1 I I .. JEFFERSON COUNTY BOARD OF COMMISSIONERS Clerk of the Board: Public Works Director: .1erdine C. Bragg Gary A. Rowe - - m - - - - m - .. MINUTES Week of June 8, 1981 Chairman Larry W. Dennison called the meeting to order. Commissioner B.G. Brown and Commissioner George Brown were both present. State Liauor Control Board: ApDlication to Sell Beer and Wine . in an OUtside Enclosed Beer Garden: . Valley Tavern. Hadlock: Commis- sioner B.G. Brown moved to approve the liquor license application for an outside beer garden as submitted by the Valley Tavern and recom- mended by the Health Department. Commissioner George Brown seconded the motion. BOSlNESS FROM COUNTY DEPARTMENTS PUBLIC WORKS HEARING re: Petition to Vacate portion of Holman Blvd.. Chalmers 2nd Addition to Irondale : Thomas . McAndrew . petitioner: Administrative Assistant Carter Breskin reported that Mr . McAndrew is requesting the vacation of Holman Boulevard because he has been maintaining it as part of his farm. Mr. McAndrew has advised that when the City of Port Townsend vacated the northern portion of Holman Blvd., they requested that he vacate the rest of the road. The vacation has been advertised and posted as required~ The Public Works Department has no objection to the vacation request if a 10 foot strip is retained for right-of-way purposes adjacent to the west side of Rhody Drive. The area to be vacated will have to be surveyed before an accurate compensation calculation can be performed. Pacific Northwest Bell Telephone responded that they have a buried cable on the west side of Rhody Drive in this area. The cable is approximately 10 to 15 feet from the existing pavement and if this is in the vacated area the Company will need to obtain an easement from the property owner. . The Planning/Building Department' reported that the area to be vacated is wi thin an area designated as commercial by the Tri Area Community Development Plan. The adjoining property owner (The City of Port Townsend) has no objection to the vacation. The Planning Commission reviewed the vacation request and recommends that it be approved subject to the following conditions: 1) A survey, by a licensed surveyor, on the property being vacated, be provided by the petitioner, 2) The right-of-way for the road be forty feet in width on the west side of the existing centerline of Rhody Drive. The centerline will be VOl 13 rAGE 02177 ., . , 1 Commissioners' Meeting Minutes: Week of June 8, 1981 Page: 2 staked by the Public Works Department and 3} That Mr. McAndrew be reminded that he i$ responsible to pay compensation and 4} that a map be prepared of how the vacated property will be opportioned to the adjacent properties. The last condition was added because this vacated area is adjacent to the Hessian Gardens Plat and the County will acquire a portion of the vacated right-of-way where it abutts a parcel that the County owns. Chairman Dennison opened the hearing and asked for public comment for or against this vacation application. Wally Bowman stated that if Holman Road is vacated all the way to Turner Street it will block access to some lots that he owns in the area. Carter Breskin further reported that when the vacation of Turner Street was finalized in 1909; there was a dispute because of the legal description of the vacated area. It is not clear whether half or all of the Turner Street right- of-way was actually vacated. Public Works Director Gary Rowe added that part of the road right-of- way is in one plat and portions of it are in another. There are three items that need to be resolved before this road right-of-way can be vacated: 1} The location of the actual right-of-way for Rhody Drive versus the location of the platted right-of-way for Holman Boulevard, 2} The compensation determination and 3} HOw the vacated property will be apportioned among the. adjacent property owners onCe it is vacated. Mr. Bowman reiterated that his only concern regarding this vacation is that he has an access easement to get from his property to Rhody Drive. Being no further comment the Chairman closed the hearing. Commissioner B. G. Brown moved to approve the vacation as recommended and conditioned by the Planning Commission and contingent upon the fact that Turner Street needs to touch the right-of-way and that the cost of the survey will be deducted from the amount required for compensa- tion from the applicant. Commissioner George Brown seconded the motion. HEARING re: Intent to Vacate Portion of Colwell Street in Chalmers 2nd Addition to Irondale: (See also Minutes .of _J This vacation request, Gary Rowe reported, was initiated by the County as part of the development that Walter R. Shold is doing in this area. M;t'. Shold is dedicating 10 feet of right-Of-way plus an additional turning radius, as compensation for this right-of-way vacation. The County is receiving more value in terms of. the improvements to the street and the right-Of-way than the value of the area being vacated. Chairman Dennison opened the hearing and after discussion of the value of the exchange , the Board directed the Public Works. Department to figure the value of the area to be vacated and the value of the right- Of-way the County will receive as compensation to make sure that the compensation requirement is being .met. The hearing was closed and no action was taken with regard to the vacation at this time. AGREEMENT re: Reimburseable Work. Second Exhibit: Ci tv of Port Townsend: Gary Rowe explained that the Agreement approved and signed by the Board on June 1, 1981 with the Ci ty for reimburseable work was an open ended agreement. An additional agreement is required for specific projects that the City requests the County to complete. This agreement is for the following work: Double chip seal on Landes Street from 14th Street to 19th Street, wi th single chip seal on Washington Street (from Walker to Taylor Streets) and Hastings Avenue (Discovery Road to City Limits). Commissioner B.G. Brown moved to approve the reimburseable work agreement with the City of Port Town- send. Commissioner George Brown seconded the motion. AGREEMENTre: SUDDlemental #3 for CR0582. Hadlock Intersec- tion: Washinaton State Department of TransDOrtation: This supplement (number 3) to the agreement with the State Department of Transportation is to increase the funding for the Hadlock Intersection Project from L Vll. 13fAGE 02178 '. , , . f Commissioners' Meeting Minutes: Week of June 8, 1981 Page: 3 $281,000 to $332,000.00. The State/Federal share is $216,688.80 with the County's share being $65,311.20. The job has been completed and the State will reimburse the County for funds expended upon receipt of this agreement. Commissioner B.G. Brown moved to approve the sup- plemental agreement as submitted by the Public Works Department. Commissioner George Brown seconded the motion. Resolution No. 46-81 revising the County Road Project designated as CR0682 - Hadlock Intersection was approved by motion of Commissioner B.G. Brown, seconded by Commissioner George C. Brown. AGREEMENT re: SDace allocation in Courthouse: Jefferson County Soil Conservation District: The Conservation District is requesting approval of an agreement to lease space in the Courthouse for an office. A statement of fair market value of the lease space will be needed for the purpose of proving the in-kind,services provided on a grant matching basis. Leslie Aicken asked for clarification of the insurance requirements noted in the agreement. Since the Soil Conservation District hasn't signed this agreement yet, the Board directed that they check with its' insurance agent and the County will check with their insurance agent regarding the requirements for this lease. Septaae/Sludae Disoosal at the Jefferson County Landfill: Public Works Director Gary Rowe reviewed and recommended passage of a resolution stating that the County accepts the recommendation of the Solid Waste Advisory Committee to encourage private enterprise to provide septage and sludge handling capabilities for the County. The Board asked for more time to review this resolution before taking any action on it. Order of Vacation: Portion of Alley on South Border of Lot 6 Block 1. Correia's Addition to Irondale CAlley lYina between Correia's Addition and PhilliDS' Addition): John Keeaan. Petitioner: Mr. Keegan has met the compensation requirement for this vacation, Gary Rowe reported. Commissioner B.G. Brown moved to approve and sign Resolution No. 41-81 ordering the vacation of a portion of the alley lying between Correia's Addition and Phillips' Addition in Irondale as requested by 30hn Keegan. Commissioner George Brown seconded the motion. Public Works Trust Fund Proaram: Revised 1986 Closeout Report: (See also Minutes of May 11, 1981) Gary Rowe reported that this is a revised final 1986 closeout report for the Public Works Trust Fund Loan program through the State Department of Community Develop- ment. The total project cost for which this funding was obtained was $610,313.91 with $691,614.12 eligible for loan funds. The County has received $496,200.00 of the amount eligible for funding and will receive the balance of $102,000.00 toward this project once the State receives this closeout report. This funding will be paidcback over 10 annual payments at a 3% interest rate. Commissioner B. G. Brown moved to approve the revised 1986 closeout report for the Public Works Trust Fund Program. Commissioner George Brown seconded the motion. Priority Array 1981: Gary Rowe reviewed the 1981 priority array which rates all County roads and is used to develop the six year road program. Gary then explained what is used to determine the rating ~eveloped for each road. PLAHHING DEPARTMENT Final ADDroval Phase A: Kala Heiahts LonaPlat: Senior Planner Rachel Nathanson reported that the preliminary approval was 2179 '_~:r : -;:4 .-' .;j j., ":"" .j"~ r:_". '- --, ~': ;.: ~:} t. ,~ :;;' $~J-' ,,*1c . ~ "-; -- -_'7~::,'~W" -:; C. C 1 ,'0 t _'C' .;-r , ....~ :...... -!~~ -- :; E. ~::. ._), , "-':"" :;-= ',- :.~ "-' s ~ ~i t:"l ..L f; -"=.,t:,cJ :~ ,;;-~....: ... () ~ 1:'=,'''' [:.. ,- ',~ '-~) ~" .i..': ~'. \ . -. 0,-_ J' . .-k:., ' : fi p.::: q ~- €. - . .;~. ...,,- ~\ , ._-..'''::-t ...."'..; ~~. .l-. \. -~; ~i'5, _ ~-.:' ._1 j," ~ !.-~.l r.'~,F, 'or - , :. 'l.:;- :", ....", , .' , , -~' ~~; ':J .: ~ ~ I -""~: . > . Commissioners' Meeting Minutes: Week of June 8, 1981 Page: 4 given for this long plat on April 13, 1981. The preliminary approval was given for Phase A and Phase B. This final approval is being requested for Phase A only which consists of four lots out of the total 14, as well as Tract A which is where the community drainfield will be installed. The Planning, Public Works and Health Departments have reviewed Phase A and all found it to be consistent with requirements ~nd recommend final approval. The Planning Commission also reviewed and recommends final approval. Commissioner B..G. Brown moved to grant final approval of Phase A of the Kala Heights Long Plat as recommended. Commissioner George Brown seconded the motion. Refund Reauest: Commissioner B.G. Brown moved to approve the refund of $60.00 as requested by M.F. CUrtis. Commissioner George Brown seconded the motion. Shoreline Manaaement Master Proaram Revisions: Associate Planner Bob Duffy reviewed the revisions to the Shoreline Management Master Program for the Board and interested ci tizens in attendance. As historical background Mr. Duffy reported that the Shoreline Manage- ment Program is to guide the growth and development that occurs within the shoreline environment . The shoreline environment includes all marine waters in the County as well as lakes that are 20 acres or larger (on the surface) in size and all streams and rivers that have an annual average flow of 20 cubic feet per second or more. The Shoreline permit and permit exemption process are the tools that the County uses to guide growth within the shoreline environment. It has been almost five years, Mr. Duffy continued, since the Shoreline Program was updated. The Shoreline Commission has been working on this update of the Program for the last two years. The program is updated to keep pace with, and reflect changing values in the community. The major areas of work in the update include: 1} Docks, piers & floats sections, 2} landfills section, 3} mooring buoy section and 4} the urban section. Oil trans-shipment and public access sections have been added. Mr. Duffy then reviewed the changes as follows: Permi t Exempt ions (page 11): All projects valued at $2,600.00 or less and do not . materially interfere with the public use of the water will be exempted from the permit process. The limit was $1,000.00 previously. The exemption for a single family development has also been clarified. Urban Section . (page 23) : New policies and performance standards have been drafted for use in areas of relatively high land use intensi ty. There are provisions for access, views for residences, with guideline established for parking and landscaping. A 1 imitation has been set in the urban section on the amount of impervious surface area allowed. Impervious surfaces include paved parking areas, buildings, or anything that doesn't allow percolation of water into the ground. Aauaculture Section (page 32): A performance standard was added to void aquaculture permits after two years of abandon- ment. The section will be uPdated at a later date. Docks. Piers. and Floats (pacre 36): This pletely revised and new guidelines written. be limited to 60 feet or not more than 16 minus five foot tidal elevation whichever is policy was com- Dock length will feet beyond the shorter. Landfill Section (page 46): This section was entirely rewritten. Information is required for all landfills in the shoreline envi~onment. A differentiation has been made for VOl la. fAG(, [) 2180 Commissioners' Meeting Minutes: Week of June 8, 1981 Page: 5 landfills in the wetland and aquatic environment versus those in an upland area. Fills in wetland areas are limited. Marinas (page 48): Only one change was made which prohibits coverage moorage and covered over water boat storage. Oil Trans-ship,ment (pa~e61): This is an entirely new section, which establishes a new definition, policy and performance standards relating to the loading, off loading or transfer of petrochemical products. Public Access . (page 62): access for all developments exception of single family four units in size. This new policy requires public in the shoreline zone, with the residences and apartments up to Shoreline Commission Members - Term (page 66): consecutive term limitation would be eliminated. The two The Shoreline Commission has a public hearing scheduled on this draft fo.r June 10, 1981 at 1:00 p.m. in the Courthouse. Depending on the amount of testimony received the Shoreline Commission will have another workshop and then put the finishing touches on their draft. Once this is done then the County Commissioners will have the opportunity to review and approve it if they wish. There will be a joint resolution with the City of Port Townsend approving the revised program and then it will be forwarded to the State for their approval. Quilcene Water Quality Plan: Final Report: Janet Welch, Environmental Health Specialist for the Planning Department Water Quality Section reviewed the final report for the Quilcene Water Quality Plan for the Board and 23 interested area residents. Some of the highlights of the report were: There are intermittent water quality problems in Quilcene Bay. It is not known exactly what is causing them. Dabob Bay is in good shape in term of water quality. The recommendations include working with the health department to solve the septic system issue as well as expansion of the loan program for septic system repair. Agricultural land use concerns are being addressed in a recommendation to the Conservation District. More research into the impact that the seals have on the water quality in Quilcene Bay is being requested. Lavonne Dobeas (Advisory Committee Member) stated that she feels that the Advisory Committee was not really an Advisory Committee. She further stated that she feels the committee was manipulated and used. The County study group did not advise the Advisory Commi ttee that a grant application was being submitted in the amount of $442,000.00. The AdvisoryCommi ttee saved the taxpayers $36,000.00 by voting down buying of some tidal wetlands at the head of Donovan Creek. * * * * * Chairman Dennison suggested that the members of the Advisory Committee who feel this way write a report outlining their concerns. An uniden- tified man asked if the Board had received any letters from Advisory Board members. Chairman Dennison reported that he has received four letters that had to do with a variety of issues. Mr. JerrvGetz stated that he was not notified of this meeting and felt that he was excluded from some of the meetings. Barbara Fisk then stated that Mr. Getz did not receive a packet of information that was sent to the citizens advisory board members asking for their comments on the project. Mrs. Fisk added that.. she feels her character was defamed by Janet Welch. The Water Quality Study Commit- tee made recommendations and found that when the Citizen Advisory Committee recommendations were written up for the report they included one as follows "to continue the monitoring stations set up by the study VOL. 13 ~AGf. -'">;.. o ~t81. . t_ i~ . Commissioners' Meeting Minutes: Week of June 8, 1981 Page: 6 wi th the permission of the property owner to determine if the water quality in Dabob Bay is improving or degrading." The Advisory Commit- tee did not recommend this, Mrs. Fisk added, and all voted against it and felt that monitoring four times per year would be adequate. The discussion continued with Mrs. Fisk regarding the concerns and problems of the Advisory Committee and its' workings with .1anet Welch. Mrs. Fisk asked that all of the Committee meet with the County Commissioners so that they can let them know how they feel about the study and the process. Mrs. Fisk asked in conclusion if the Citizens Advisory Committee will be operating for the new grant applications? Gerrv Phelps stated that he feels the County Commissioners should be concerned about empire building and that they should consider the requests for more funding very carefully. Chairman Dennison will contact the members of the Citizens Advisory Committee with regard to the concerns noted. Resolution No. 89-86 re: Salmon Aauaculture Moratorium: Planning Director DaVid Goldsmith explained for the Board and 24 interested area residents, that the County Commissioners enacted a moratorium on processing shoreline permits for the growth and culture offish (fish farms) in the marine waters of the county. (See Minutes of November 10, 1986.) The purpose of this initial seven month moratorium was to allow the County to amend the Shoreline Management Master Program to address this issue as well as all of the other forms of aquaculture. Studies of floating mariculture were commissioned by the State of Washington and were expected to be forth coming in this same seven month period. The seven month deadline expires June 10, 1981. The State Department of Ecology has adopted recommended ipterim guidelines for the management of salmon net pen culture in puget Sound. The State. Department of Natural Resources has also adopted interim guidelines for the leasing of sub-tidal lands for these types of projects. A study dealing with the visual aspects of salmon net pen farms has also been completed. Chairman Dennison explained that the reason that the aquaculture portion of the Shoreline Management Program has not been developed any further is due to lack of staff and the workload in the Planning Department. The County has applied for and been approved to receive a technical assistance loan from the Peninsula Development Association to finish the amendments to the aquaculture section of the Shoreline Management Master Program. The lengthy part of updating the aquaculture section of the Shoreline Program will be finding a consensus on siting issues such as visual aspects and best land use, David Goldsmith added. Most of the techni- cal issues have been dealt with in the State studies and guidelines. The Chairman then asked for public comment on this issue. Gina McMather. President. South Point Coalition: Ms. McMather read and submi tted a letter to the Board urging that the moratorium be extended. Roaer Katz. President. Blue Water Farms, Port Townsend: Mr. Katz asked if the people who are against net pen farming in this area see any opportuni ty in the County or the puget Sound area to institute this industry? He stated he does not understand if people are saying they simply don't want net pen farming in the County or whether they would like to hold up on iSSUing such permits until legislation is developed to handle these applications. Mr. Katz continued that he feels that this industry is a benefit to the State and the populace at large and they would like to see the County issue something that the industry can work with and not 'lot. 13 UGt o 21t82 Commissioners' Meeting Minutes: Week of June 8, 1981 Page: 1 completely tie their hands. Steve Van Cleve: Mr. Van Cleve stated that he operates a tug here and that he would like to see a more active waterfront. The area has lost a lot of logging and industry here and he believes. that fish farming would institute cleaner water. Robert Hull: Mr. Hull read and submitted a written statement. John Forster. Sea Farm of Norwav: Mr. Forster stated that he is also representing the Washington Fish Growers Association. He sub- mitted a letter from the Fish Growers Association outlining their position on this issue. Sea Farm of Norway feels that continuing the moratorium for the length of time implied is unfair to applicants who want to get the industry going in Jefferson County. As applicants, they feel they have a right to at least have their applications processed. At present they have nothing and it is impossible to make plans for the future. Given the complexities of the issue, Mr. Forster stated that he fails to see how any revision of the program is going to deal with. anything so substan- tially that future fish farm applications will be approved without being contested and appealed. To continue the moratorium is essentially to benefit one side of this issue. The side that feels this industry is against their interests and it clearly benefits them to have a further delay. Frank Fletcher. Local President. Puaet Sound Gilnetters Association: Our main concern is choosing the sites where they want to put these pen complexes. Disease has not really be addressed. There are more and more applicants in our terminal area fisheries. In area where they have to fish now, they are getting smaller and smaller each year. Mr. Fletcher stated that he does not know what the rush is with the applicants. Barbara Fisk: Mrs. Fisk stated that she is in favor or continuing the moratorium.. There are not very many specifics on how the con- centrations of the feed and fish droppings effect the water quality. There needs to be more studies done. Dennis DeLahunt. Mainland Pacific: In postponing a project, Mr. DeLahunt stated, anyone who is looking at this enterprise is certainly losing. Fish farming offers the potential for an ;~.::t:~. d t~ ':.~ ~~~l~~~'t~~ Sip C:;e lJt i':tn-:fo l.~; ~n. f. ~g. .. e=:f~nm..ee. ::. ;a ~.l X economic revenue into the County. Two very comprehensive docu- ments have been devel ped at the State level that will satisfy all of the technical que tions that the County will have before it. On the non-technical ~estions such as aesthetics it will be hard to develop any stro g definitive criteria to deal with them. These arguments are site specific. Please consider dropping the moratorium at this po nt. Chuck Beckman Ca e Geor e Colon resident and President of North Discovery Bav Associationl:. The North Discovery Bay Association has fought to stop fish ens from being placed in Discovery Bay and they will continue to do this. The moratorium should be continued until such time as re orts with more information on pollution are available. As far as the view and property values are concerned, local realtors have aid that if fish pens are put in that the upland property value would drop from 30% to 50%. Mr. Beckman stated that he feels hat the moratorium should be continued until such time as all the estions and problems have been answered. Sea Farm: Mr. Langzi urged the Board to lift Any application could be handled on a case by Marjorie Ciprioti, Secreta y, Cape Georae Fisherman - Beckett Point: I believe that. the mortoriUID.. should stay in e. ffect until they get the guidelines and I ny paperwork that will settle the issue. I VOl 13 ~AGE. 0 ~lS3 lit ~. .. Commissioners' Meeting Minutes: Week of June 8, 1981 Page: 8 Fighting fish farms costs money. The people involved need to get busy with their process and complete the necessary documents. Scotty McComb. President. oakBav Coalition: We must continue the morat<>rium in order to meet the requirements of the County' s own resolution. The interim guidelines are just that and are highly questionable and controversial. The siting study is not complete. These are not complete documents. Al Boucher: Mr. Boucher said that if the Board decides to lift the moratorium that this action should be accompanied by a policy statement which would say that the applicant would be responsible for the full cost of the project including those costs that are external to the investment itself, such as the impact on view property particularly in a residential area. Chairman Dennison commented that he understands the positions of both sides of this issue. He added that he voted in favor of this morator- ium originally to create the public process necessary to bring the aquaculture policy up to date to reflect the mood of the general public of the County. Commissioner B.G. Brown stated that he believes the County had a good reason for adopting the moratorium when that was done and that reason still exists. What was hoped to be accomplished in seven months has not been accomplished. Commissioner B. G . Brown moved to continue the moratorium for the time necessary or a period of six months whichever comes first. During this time the Shoreline Management Master Plan update will be completed and if it is not complete by December 10, 1981 the moratorium can be reconsidered. Commissioner George Brown.seconded the motion. After further discussion of why the necessary updated policy has not been completed a gentleman suggested that the Board consider appointing representatives from the groups that oppose and support this moratorium to work in an advisory capacity with the Planning staff to see if there is some common ground on the issue. Another man asked if the Board has any mechanism in mind to determine true public opinion on the issue? There are two aspects of the issue, object and subjective. The objective points have been at least partially covered by the State studies while the subjective aspect could go on indefinitely. The County needs to have input on this issue to help the Board make a decision on the issue. Ed McMinn: Mr. McMinn asked the fish farm proponents if fish farming will give more to the County than it takes away. If it takes away more then the people with fish farms should pack up their bags and go. Amendment to Shine Plat Covenants: Division 1 and 2: Shine Plat Divisions 1 and 2 were approved in 1959 with restrictive covenants tha t were applied to and administered by the property owners, David Goldsmith reported. Those restrictive covenants had a life of 25 years and expired in 1984. The property owners of Shine Plats 1 and 2 have petitioned themselves and restated their covenants with additions and corrections. These new covenants were filed with the County Auditor in 1986, however they did nothing to amend the plats at that time. Tom Majhan, the Attorney representing the Shine Plat property owners, has indicated that they have met the regulations to make the changes .in these covenants. Commissioner B. G. . Brown stated that what these property owners have done and recorded with the County Auditor is up to them, however, when the Board amends a plat the process should be reviewed by the Prosecuting Attorney before any action is taken. David Goldsmith advised that he would submit this information and resolution to the Prosecuting Attorney for his review and recommendation. \lDl... .13 ~AG~, (lZ184 Commissioners' Meeting Minutes: . Week of. - . ADDOin'tm8ntof. .~1recrtQr .. of Emera&ncv . Services:. Commissioner B,.G. Brown moved to appoint Sheriff MelMefford as the J)irector. of .jeffersoncounty IPortTownse1'1d Emergency Services . Commissioner. ..George Brown seconded the motion. . -ifI!!i" ~ .. ~ ,-. -- MEETINGADJOURNED _1ft JEFFERSON . COUNTY BQARDOFCOMMISSIOHRS Q.~~~~~~ .~-2Jl~<J>J B .G.. Brown, Member ~~ioWn~