HomeMy WebLinkAboutM110287
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District No. 1 Commissioner:
District No. 2 Commissioner:
District No. 3 Commissioner:
Larry W. Dennison,
B.G. Brown, Member
George C. Brown, Member
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Chairman'
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3EFFERSON COUNTY BOARD OF COMMISSIONERS
Clerk of the Board:
Public Works Director:
Jerdine C. Bragg
Gary A. Rowe
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MINUTES
Week of November 2, 1987
The meeting was called to order at the appointed time by
Chairman Larry W. Dennison. Commissioner B. G. Brown and Commissioner
George C. Brown were both present.
BUSINESS FROM COUNTY DEPARTMENTS
PUBLIC WORKS
CONTRACT #86-60-13 re: 3efferson County Courthouse ECM Loan:
Washinaton State Enerav Office: Public Works Director, Gary Rowe
reported that this loan from the State Energy Office is to install
thermostatic valves on the Courthouse radiators which will provide zone
heating controls for the offices. The total loan is for $7,850.00
payable over a five year period in quarterly paYments. Commissioner
B.G. Brown moved to approve and sign the loan contract with the State
Department of Energy. Commissioner George Brown seconded the motion.
CONTRACT #B-85-DC-53-0001-8502, Corrected Second Amendment:
Community Develooment Block Grant: Washinaton State Deoartment of
Community Develooment: This second contract amendment for the Brinnon
Senior Center Project was approved, Gary Rowe reported, on October 19,
1987, but there was an error in the total amount. This error has now
been corrected. Commissioner B.G. Brown moved to approve and sign the
corrected copy of amendment number 2 for the Community Development
Block Grant contract for the Brinnon Senior Center Project. Commis-
sioner George Brown seconded the motion.
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CONTRACT re: Seotaae Disoosal Study: Economic and Enaineerina
Services, Inc.: All of the details regarding the scope of work and
completion date have been worked out, Gary Rowe advised, on this
contract. Commissioner B.G. Brown moved to approve and sign the
contract wi th Economic and Engineering Services, Inc. for a sept~ge
disposal study as presented. Commissioner George Brown seconded the
motion.
License to Use County Road Riaht-of-Way: Cassellary Road:
Robert Benoit, Aoolicant: Gary Rowe reported that Mr. Benoit has
applied for a license to use County road right-of-way for a well
protective area, for his property located off of Cassellary Road.
Commissioner B.G. Brown mqved to approve the license to use county road
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Commissioners' Meeting Minutes: Week of November 2, 1987
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right-of-way as presented by Mr. Robert Benoit.
Brown seconded the motion.
Commissioner George
pavment of Insurance for the Brinnon Senior Center: A letter
has been received from Peter Simpson, Director of Clallam Jefferson
Community Action Council, regarding paYment of the fire and liability
insurance on the Brinnon Senior Center which is $4,022.00. Gary Rowe
asked the Board if this should be paid? The Board advised that
Community Action Council agreed, when they took over the administration
of this project, to insure the building on their insurance and the
County would reimburse their costs. The Board directed that this
reimbursement be paid out of the non-departmental budget.
Petition for surfacina Dortion of Schwartz Road, Marrowstone
Island: This petition has been referred to the County Engineer to see
how that section of road fits into the departments road and oiling
programs, Gary Rowe reported.
PLANNING
Final Johnston Short Plat No. 3, SP10-86~ Biahway 101: Stan
3ohnston, DeveloDer: This is a three lot short plat, Senior Planner
Rachel Nathanson explained. The tax parcels that make up lots one and
two were attached legally (due to a common interest) to the tax parcel
that is now known as lot 3. These tax parcels had to go through the
short plat process so that they could be divided and sold separately as
individual lots.
Commissioner B.G. Brown moved to issue the final approval of the
Johnston Short Plat #3 (SP10-86) as submitted. Commissioner George
Brown seconded the motion.
Shoreline Substantial DeveloDment Permit Review SDP87-011:
ExDansion of Commercial OYster Facili~, KillaDie Beach: Jan Shriner:
(See also Minutes of September 28, 1987) This proposal is to expand a
commercial oyster growing facility, Associate Planner Bob Duffy
reported, located approximately one quarter mile south of the Hood
Canal Bridge on Killapie Beach. The facility would consist of up to
400 rebar racks added over a three year period to four existing racks.
The racks would measure three by two by ten feet and would be anchored
to the beach floor between the plus two and the minus four foot mean
low or low water elevation. The edges of the site would be marked by
buoys. The racks would be placed by boat and processing of the oysters
would be done off si te. The upland portion of this beach is in a
designated slide area which limits development of that area.
Mr. Duffy then reviewed the Shoreline Commission's findings on this
pro j ect and the condi tions they have recommended be placed on it as
follows:
Condition 3:
Whatever is placed in the intertidal area must
be sturdy.
This condi tion was to require water quality
monitoring of the site and was deleted by the
Shoreline Commission because they felt that
because of the scale of the project it is not
necessary. The State Department of Fisheries
can require monitoring in their hydraulic
permit approval.
Navigational Safety: The Shoreline Commission
added to this condition "that the perimeter of
the site shall be marked by strings of floats
or buoys that shall be spaced no further than
twenty feet apart.1I
Condition 1:
Condition 2:
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Commissioners' Meeting Minutes: Week of November 2, 1987
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Condition 4:
Condition 5:
Condition 6:
Condition 7:
Condition 8:
Condition 9:
Condition 10:
Predator control.
Noise control.
Harvesting of the shellfish.
Illumination.
Repair, replacement or removal if facility is
abandoned.
Review of project required if there is
evidence of environmental impacts.
Only the two species of oysters currently
found in Hood Canal can be cultured at the
site.
The Shoreline Commission recommends, Mr. Duffy concluded, that the
Board approve this project subject to the conditions as modified.
Chairman Dennison asked Jan Shriner how long the iron rebar that the
racks are made of would last? Ms. Shriner reported that the racks are
expected to be functional for seven to ten years.
Commissioner George Brown moved to approve Shoreline Development Permit
#SDP87-011 as recommended by the Shoreline Commission with the modified
conditions. Commissioner B.G. Brown seconded the motion.
Plannina Commission Interviews: Rachel Nathanson suggested
and the Board agreed, that the applicants for appointment to the
vacancy on the Planning Commission be interviewed next Monday between
3:00 and 3:30 p.m.
COMMISSIONERS
Budaet Transfer: Commissioner B. G. Brown moved to approve
and sign Resolution No. 89-87 authorizing the budget transfer for the
Commissioner's Office. Commissioner George Brown seconded the motion.
HEALTH DEPARTMENT
Rick Miklich, Director of Environmental Health re: ProDosed
chanaes to the County'S SeDtic System Reaulations: Rick Miklich came
before the Board to review his proposed changes in the County's septic
system regulations.
Mary Catlin, Administrator/Director of Nursina re: Personnel:
The Board met with Mary Catlin in Executive Session to 'discuss Health
Department personnel issues.
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Bomer Smith III re: Public Officials Errors & Omissions and
Law Enforcement Insurance: Homer Smith III came before the Board to
discuss renewal of the County's public officials errors and omissions
insurance coverage ,and the Law Enforcement coverage which both expire
11/8/87. The quote from Scottsdale Insurance Company for these
coverages is a follow~:
Public Officials Errors & Omissions
Law Enforcement
$7,822.13
13,974.00
Commissioner B.G. Brown moved to approve the purchase of the public
officials errors and omissions and Law Enforcement insurance coverages
from Scottsdale Insurance Company for the premiums as quoted. Commis-
sioner George Brown seconded the motion.
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Commissioners' Meeting Minutes: Week of November 2, 1987
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The meeting was recessed on Monday evening and reconvel?-ed
with all Board members present on Tuesday evening at 7:00 p.m. for the
following public hearing.
BEARING re: Jefferson County City of Port Townsend Shoreline
Man.aement Master Proaram UDdate: Twenty interested County citizens
were present when Chairman Dennison welcomed everyone to the public
hearing on the draft update of the Shoreline Management Master Program
and introduced the members of the Board of County Commissioners. The
Chairman then introduced the Director of the Planning and Building
Department, David Goldsmith. Mr. Goldsmith reviewed the process that
the draft has undergone to date and the process before final adoption
is considered.
After the public hearings held by the Board and the City, the comments
received will be incorporated into the draft by agreement of the City
and the County and the final version of the program will be forwarded
to the State Department of Ecology. This County/City Master Program is
part of the state law, and because of this the Department of Ecology
will also hold a public hearing on the program. If the State concurs
with the proposed changes then the program is adopted by the State.
Associate Planner, Bob Duffy, then reviewed the proposed changes to the
Shoreline Program as follows noting that the proposed changes are a
recommendation from the Shoreline Commission which held their own
public hearings on this draft.
Section 2 Definitions: This section is being revised to include
approximately fifteen new definitions for items
such as applicable master program, average grade
level, dock, exempt development, fair market value,
float, height, marina, natural or existing topog-
raphy, pier, residence, structure and vessel.
Section 3 Permit Exemptions: This section deals with the threshold
value with respect to the requirement of a permit
or an exemption. This value has been raised by
State law from $1,000 to $2,500. Clarification was
made to the definition of normal maintenance and
repair.
Section 4 Desianations and Project Classifications:
Urban: The Shoreline Commission recommendation
incorporates an entirely new section to deal with
the urban environment. The draft performance
standards are to guide the type of urban develop-
ment and the location of parking. Impervious
surface cover~ge is limited and parking areas must
be landscaped. There is also a provision for
public access in all new developments.
Condi tional: The difference between conditional
uses and variances is clarified.
Classification Table: An introduction, explanation
and title has been added to explain how the
classification table works.
Policies and Performance Standards: Aquaculture - This section is
scheduled for update in 1987-1988. Section 11 was
changed to void aquaculture permits after two years
of abandonment.
Commercial Development: A standard was added to
limit commercial interference with adjacent uses.
Docks, Piers, and Floats: This section was
substantially rewritten and expanded and is now
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Commissioners' Meeting Minutes: Week of November 2, 1987
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call non-commericial docks, piers, and floats and
pertains primarly to residential development.
Landfills: Differentiation has been made between
landf i lIs in the aquatic or wetland environments
and landfills in the upland apeas that are still
within the jurisdiction of the shoreline program.
Information will have to be submitted for every
fill proposed in the shoreline environment.
Marinas: Covered moorage and covered over-water
boat storage is prohibited. Pump out facilities at
marinas are to be available to the user at no
charge.
Mooring Buoys: New performance standards were
wri tten to allow land based retrieval lines for
mooring buoys, require visibility, engineering and
identification and prohibit placement in sensitive
ecological areas. Buoy placement is limited to no
closer than 100 feet from fixed navigational
structures.
Oil Transshipment: This is an entirely new section
which establishes policy and performance standards
for oil transshipment.
Section 6 Administration: Advisory Commission: The two consecu-
tive term limitation on the shoreline commission
membership is deleted.
Public Notice: Requirements are clarified.
Permit Revisions: State law changes are incor-
porated into the update.
Section 7 Variance: The difference between conditional use and
variances is clarified.
Section 9 Leaal Provisions: State regulations pertaining to
regulatory orders are incorporated into the
proposed revision.
Appendix A &: B: The list of streams and lakes subject to the
program have been corrected.
At the conclusion of Mr. Duffy's presentation, Chairman Dennison asked
if there were any questions?
Donalda Porter:
Question -What provision is there to limit
protrudances out into the water that prohibit
navigation along the shoreline?
Answer - The impact to navigation was considered in
the sections on docks, piers and floats. A
recommendation was made and incorporated into the
draft to limit the length of docks, piers and
floats, but the program does not preclude struc-
tur,es that may prohibi t shoreline navigation by
small craft.
Planning Director David Goldsmith reported that two items came up in
the written testimoney which need to be reviewed:
1) Imprevious surface coverage limitation in the urban environment:
The urban environments in Hadlock, Port Townsend, Quilcene, Port
Ludlow and Brinnon would be impacted by this performance standard
with the lower Hadlock and the City of Port Townsend being areas
that would be effected most. The a1Jlount of walkways, rooftops,
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Commissioners' Meeting Minutes: Week of November 2, 1987
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ery well articulated. The performance standards recommended by
the Shoreline Commission to deal with concerns raised about
aesthetics and urban runoff, David Goldsmith stated, are not
policy based. Either the policy needs to be developed to deal
with these concerns and then a performance standard developed from
tha t or this performance standard needs to be deleted from the
proposed draft.
2) Mooring buoys: Performance Standard #10 (page 50) attempts to
give an exclusion to the waterfront property owner for a single
purpose mooring buoy. The Shoreline Commission was attempting to
allow shoreline property owners the opportunity to use a mooring
buoy for their vessels as an alternative to a dock. This perfor-
mance standard does not deal with how far out in the water such a
mooring buoy can be placed and still be used exclusively by the
property owner.
A better way to deal with this issue, David Goldsmith added, is to
look at the exemption section (page 19). Currently a waterfront
property owner is allowed the use of a mooring buoy as an alterna-
tive to the construction ofa single family dock, as an exemption.
If this exemption was extended it could address the issue of this
perference and set a limitation on how far out in the water the
buoy could be placed before it would have to be made available to
all water users through the permit system. The Planning Depart-
ment staff recommends that the exemption be modified to maintain
the mooring buoy alternative with a condition that the mooring
buoy does not extend waterwa~d more than a minus 12 foot (or two
fathoms) tidal elevation as measured from mean low water. This
would allow the waterfront property owner the option of building a
dock (up to $2,500 in value) or put a mooring buoy out within the
limit as suggested, as an exemption from the shoreline permit
process. Other mooring buoys proposed by non-waterfront property
owners or waterfront property owners that want a buoy beyond the
12 foot limit would be required to obtain a shoreline permit.
The permit cost for mooring buoys is not addressed specifically by
the shoreline program, which means they are the same fee as any
other shoreline permit. David suggested that the cost of the
permit for a mooring buoy be dropped to encourage more people to
make the application before placing a mooring buoy.
William Steenrod, Marrowstone Island Community Association: Mr.
Steenrod asked why the draft proposal has paragraphs-headed by question
marks?
David Goldsmi th reported that the Shoreline Commission did
not number these paragraph so that they would be obvious
because they are new portions of the program. The question
mark is just a way of highlighting the new portions of the
program.
Harvev (Mike) Fleminq: Mr. Fleming asked for clarification on the
Planning Department staff recommendation for change to performance
standard #10 for mooring buoys.
David Goldsmith responded that as an exemption to the
waterfront property owner, the mooring buoy exemption would
be changed to allow the mooring buoy to be placed out to a
minus 12 foot tidal elevation, with no permit required.
Beyond that tidal elevation (for a waterfront property owner)
or any placement proposed by a non waterfront property owner
a permit would br required.
Donald Porter: Ms. Porter asked what would be required to place a
mooring buoy off of public owned waterfront property?
The Shoreline Program allows the waterfront property owner to
build a dock (up to $2,500 in value) in front of their
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Commissioners' Meeting Minutes: Week of November 2, 1987
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property regardless of the ownership of the beach (permission
would have to be granted from the beach owner), or to place a
mooring buoy.
Chairman Dennison then opened the public hearing and asked for comments
for or against these proposed changes to the Shoreline Master Program.
R.B. "Scotty" McComb, President, Oak Bay Coalition: Mr; McComb
submitted the Coalition's comments regarding the current update of the
Shoreline Management Master Program based on the revision obtained on
10/23/87. (See written testimoney).
William :J. "Bill" Steenrod, President, Marrowstone Island Community
Association: Mr. Steenrod reported that the Marrowstone Island
Communi ty Association submitted a letter with their comments to the
Board. Mr. Steenrod summarized the letter dated October 7, 1987. (See
copy of letter).
Donalda Porter: Mrs. Porter expressed concern regarding the proposed
installation of fish pens at South Point; how these fish pens would
impact small craft navigation in this area; and how these Shoreline
Program changes would address those impacts. She also had a question
regarding the public use of the beach adjacent to the Trails End Plat.
Mrs. Porter asked if it is possible to attach a fish farm to property
that is dedicated to the use of the public forever?
Bob Duf fy responded that the Shoreline Management Program
does not address regulations for specific sites. It does,
however, p~ovide guidance for specific types of developments.
Because the South Point area is a shoreline of statewide
significance, there is a section (Section 4.3 on page 27) of
the Program that address the use of this type of shoreline.
Bill Duesina: Mr. Duesing asked that the following changes be con-
sidered: Section 6.10 which abolishes the six year limit for term of
service on the Shoreline Commission, be left as it is currently. Mr.
Duesing stated that six years is long enough for a Shoreline Commission
member to serve.
Section 6.402 (page 68 #2) shortens the public notice time from 20 days
to 10 days, be left as it is currently. The public notice time is
short enough right now.
Section 9.102 (page 74) the penalties established are too high.
David Goldsmith explained that the penalties have not been changed from
what they have been for years.
Harvey IIMikell Flemina: Mr. Fleming commented with regard to the
Marrowstone Island Community Association's recommendation (see last
page of letter) on Section 3.402 (page 18) permit exemptions. Mr.
Fleming stated that to his knowledge the majority of mooring buoys in
this County are not formally exempted. The problem is treating
everyone in the same manner. The Marrowstone Association has proposed
that a buoy that has been considered "grandfathered" should lose that
status if they do not voluntarily get the buoy permitted or exempted.
Mr. Fleming stated that there has to be an incentive for people to have
their buoys permitted or exempted.
Being no further public comment the Chairman closed the hearing and
thanked everyone for coming. He advised that the Board would take the
comments received into consideration before a final decision is made on
adoption of these changes.
David Goldsmith reported that the City will hold a hearing on these
proposed changes December 1, 1987 and after it is determined what
changes need to be made to the final document, both the City Council
and the Board will meet to adopt the final program at a scheduled
meeting. The program will then be forwarded to the State who will also
hold a hearing and then make a decision on it's adoption.
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C~ssioners' MeeU~g. Minnt.es ,'~e~k~f lf~e..t.<lr 2; 1l!81 I . ~..i1s' . 8 ...
Th.eJlleet~ngwas ,recessed at the ' ndofthe 'meeting ,and
reconvened on Saturday morning in > theCUall.J;,cpunty . Co'Urtl1ou.se with
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State H.ouse" of Represe.ntat,i. v.e...., for the. ' 24, th:fIlis,triC,.tc..re"a,tC9~ ,by the
death of Representative Dick Fisch. (Seeattacbed M.inutes). . ..'.'
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MEETING ,.'ADJ'OtJRNED I
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JEFFERSO. chUNTY
BOARII OJi'CttlllltOQRS
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B.'G.BroWll,1 Member
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ATTEST:
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