HomeMy WebLinkAboutM 071177
BOARD OF JEFFERSON COUNTY COMMISSIONERS
.
L
District No. 1 Commissioner
District No. 2 Commissioner
District No. 3 Commissioner
A. M. O'Meara
B. G. Brown
Carroll M. Mercer, Chairman
Clerk of the Board
Engineer
Secretary
Betty J. Anderson, Auditor
Edwin A. Becker, P.E.
Jerdine C. Bragg
MINUTES-
July 11, 1977
1:00 p.m.
Chairman Mercer called the meeting to order with all members
present.
Proposed
1)
Road vacations:
Anderson Street, Plat of Irondale No.2, Sherman and Hilda Good,
petitioners. Mr. and Mrs. Good appeared for the hearing. No one
appeared to speak against the proposed vacation. The Planning
Department recommended Anderson St. be vacated if the proposed
realignment of Irondale Road along Anderson Street is not feasible.
Ed Becker, County Engineer, recommended it not be vacated until
its decided whether the road will need to be improved in the
future. A letter of opposition to the vacation from Clyde L.
Newman was read. Therefore, Commissioner O'Meara moved to deny
the petition at this time. Seconded by Commissioner Brown.
Unanimous
2)
Eugene Street, Plat of Irondale No.2; Sherman & Hilda Good,
petitioners. Mr. and Mrs. Good were in attendance. No one appeared
to speak against the proposed vacation. Planning Director
Dave Cunningham recommended approval of the proposed vacation.
County Engineer, Ed Becker recommended Eugene Street not be vacated
as it can be used as access to the Chimacum Creek area and it might
be needed in the future if plans are forthcoming to create a
Chimacum Creek Park. Therefore, Commissioner Brown moved to
deny the petition as the county is limited by statute to provide
access to shoreline areas. Seconded by Commissioner O'Meara.
Unanimous
3)
County Road No. 4-1.48, Hadlock Mill Road; Melvin Kivley and
Charles Broders, petitioners. The Planning Commission recommended
approval of the petition. Engineer, Ed Becker, also recommended
approval. No one appeared to oppose the vacation. Therefore,
Commissioner Brown moved to approve the vacation. Seconded
by Commissioner O'Meara. Unanimous
Hjelvik Project. Clifford R. Marston, who owns property West and
adjacent to Mrs. Hjelvik's property near Brinnon, appeared before the Board
to express the following concerns over the use of the Hjelvik property:
(1) He has found use of Mrs. Hjelvik's property in violation of the Shoreline
Management Act since 1975, and he complained it has not been stopped by the
county; (2) The county's interpretation of the Shoreline Management Act is
in error. The tidelands at Right Smart Cove are considered by the county
to be wetlands and therefore, he feels the county has very liberally
interpreted the Shoreline Management Act. The whole area is subject to
tide water and is therefore, subject to the Shoreline Act, and that 100%
of the Hjelvik property is within the Shoreline Act; (3) An agent of
Mrs. Hjelvik recently closed off one area of the lagoon with fill; (4) The
Board had authorized for Hjelvik to put in a ramp, dock and campground,
and that the area is for private residential use and not for campgrounds.
Commissioner O'Meara pointed out that the county has already acted
on the matter. Chairman Mercer explained that the county presented Mr.
Hjelvik with a letter of agreement to not do any more building and to put
top soil on the part that was filled and then seed it. Hjelvik refused to
sign the letter. Chairman Mercer further explained that the U.S. Army Corps
of Engineers sent Hjelvik a notice to cease and desist in April. He pointed
out that regarding the dock, ramp and campground they acted upon the
recommendation of the Planning Department and since the building would be
outside of the 200 foot shoreline area they were not out of order.
Planning Director, Dave Cunningham, explained that the fill is in
violation of the Shoreline Management Act, and the U.S. Army Corps of
Engineers intends to enforce their cease and desist order which was issued
,VOL 3 FAGE862
Minutes of July 11, 1977
:Page 2
6 to 8 months ago. He also reported that the Department of Ecology is
going to have a cease and desist order. Then he explained that the
county has made a reasonable attempt to find a solution, but that these
attempts have been disregarded.
Chairman Mercer stated that the situation is more serious than they
realized in the beginning and the solution will be complicated.
Joe Coates also appeared regarding the Hjelvik property to report that
he witnessed the landfill in question last Tuesday that was put across the
opening of the channel and that he has photographs of this filling. He
explained that underneath the filled area is where steamer clams have been
dug for the past 20 years and that it's the only place where the water flows
fast enough to harvest clams properly. Also, there were sole and flounder
there. He reported that Mr. Hjelvik dumped cardboard boxes into the marshy
area and set them on fire. He recommended that an immediate dig out be sent
to his mother, Mrs. Hjelvik, the owner of the property, with a time
limitation, or that it be done by the county at her expense.
Commissioner Brown said the Board should see what it can do to get the
channel open as soon as possible. He asked if there were any other witnesses
to the fire. Mr. E. G. Bernell came forth as a second witness.
Cunningham reported the Army Corps had made an inspection and intends
to go ahead with the cease and desist order immediately.
Chairman Mercer said the Board would have to consult the Prosecuting
Attorney for further legal advice.
Mr. Marston requested a copy of the minutes of this meeting.
Business from County Departments:
Planning rel) Short Plat Variance Request; Ervin Wright Short Plat
Application No. Sll-77. The Assistant Planning Director
explained the application to the Board: Mr. Wright is
planning to divide 230' of waterfront into 2 lots. The
variance request is to reduce the 60' legal access
requirements to 30'. The 30' would run inside the plat.
The Planning Commission recommended it be granted.
Commissioner O'Meara moved to grant the variance.
Seconded by Commissioner Brown. Unanimous
2) Final Short Plat of Benjamin Prince. Moved by Commissioner
Brown, seconded by Commissioner O'Meara for Chairman Mercer
to sign the plat due to the appropriate signatures having
been attached and made a part thereof.
3) SEPA Ordinance. Setting of hearing date. Planning Director
Dave Cunningham explained that the state legislature passed
the Environmental Policy Act in 1971 that has to do with
impact statements. The county now has to adopt a local
mandatory ordinance and has the opportunity of optional
sections. The ordinance would set guidelines on impact
statements. Commissioner Brown moved to set the hearing
for August 1 at 2 p.m. Seconded by Commissioner O'Meara.
4) Forest Practice Application No. FP-02-01462 for Dick Harms
to have Beaver Tree Farms do some relogging of timber left
from previous logging operation located between Discovery
Road and Jacob Miller Road. The Board found the property
to be within the Port Townsend city limits and outside
the Shoreline Managament jurisdiction, so they did not
act on the application.
5) Tri-City Water System. The Planning Director informed
the Board of 2 meetings of the Water Committee: 1) Wednesday,
July 13 at lOam in the Planning Department; 2) July 18,
7:30pm at City Hall.
6) Federal Economic Development Administration (FEDA) Drought
Relief Program. FEDA has funds available to assess counties
and cities whose water supplies are affected by lack of
rainfall this year. A meeting was scheduled for July 19,
10:00am, jury room, with the three water districts, PUD,
city engineer and planning engineer for Crown Zellerbach
to discuss what kinds of projects are eligible.
,VOL 3 PAGE 863
Minutes of July 11, 1977
'Page 3
Thousand Trails Camper Club Application. Chairman Mercer explained
the previous activities of the Board regarding the Thousand Trails Camper
Club and that the Board now has a letter from the prosecuting Attorney.
He asked for further questions on the project before the Board proceeds
with their determination.
Commissioner Brown asked Eugene Sprout, Engineer of Pacific Rim Group,
Inc. about the current situation of advertising it as an active campsite.
Mr. Sprout denied that any announcements have been made and that they had
put out a mandate to their own members that this preserve is not active.
He said that only under the guidance of a staff member could anyone visit
the property. He expressed their concern over the recent article in the
paper which spoke of a beer and pot party on the July 4th weekend. He
reported they had no members on the property. Two employees were there
over that weekend to police it so that if a problem arose they would take
necessary action. He stated that marihuana was strictly taboo on their
property.
Commissioner O'Meara stated he received a phone call by a local
resident who visited the Leavenworth site and was told the Thousand Trails
Club on the Toandos Peninsula would be open by July 10 and that there were
lots of bike trails, all the oysters and clams one would want and a place
to launch boats.
Mr. Sprout replied that motor bikes were absolutely forbidded on the
property and this is published in their literature. Motor bikes are only
allowed in one area of the Chehalis preserve, but motor bikes are not even
allowed to be started on the Leavenworth and Bellingham preserves. He
reported they've never had trouble with motor bikes and they would comply
with any stipulation to prohibit motor bikes at Thousand Trails, even as far
as to not allow them in their possession.
Commissioner Brown said it would be very difficult for them and the counties'
law enforcement officers to control such a regulation. Law enforcement
with regard to trespass with or without bikes is a real concern to the Board.
Commissioner O'Meara asked what the total membership is. Mr Sprout
said they have 2500 members presently and 389 to 400 campsites approved and
built on three different Phase I projects at Chehalis, Leavenworth and
Bellingham. This Thousand Trails (on Toandos Peninsula) site will have
only one phase. The usage is based on 10% as they found only 10% of the
members showed up on anyone week-end. They designed their facility on a
20% show-up to have a 2 to 1 safety factor. On July 4th total usage of
the 3 sites was 250 families - or 10%. 5 members for each site.
Mr. Milton G. Kuolt, II, Director of Thousand Trails, Inc. indicated it
would be impossible to control usage of trail bikes on county roads but they
could discourage their use in their literature. He said they sent a
correspondance on May 23 to their employees to bring them up to date on
campsite activities, and that members cannot camp or visit the Toandos preserve.
It is possible there was a break-down in communications, but they have gone
way beyond what is necessary to do things correctly.
Chairman Mercer related a story told by a Mrs. Katrel who has property
near Bellingham that a Pacific Rim salesman said one of the county commissioners
of Jefferson County bought a membership. The salesman's name is Broom from the
Chehalis office. Mr. Kuolt stated he would personally approach these people
on this story, but it might be confusion in that they do have a member who is
a commissioner from another county.
Commissioner Brown reported that the Board received a letter from the
Jefferson County Prosecuting Attorney advising them that the Thousand Trails
Camper Club did not comply with the county camper ordinance.
Mr. Earl F. Angevine, Attorney for Thousand Trails, Inc. responded as
follows: "I went through the entire ordinance, your ordinance number 173
together with the states' camping club statute, under Title No. 19. In
essence what my conclusion after reading Jefferson County's ordinance was,
as Bill (Prosecuting Attorney Howard) mentioned it's obvious that the drafters
of this ordinance did not have a Thousand Trails in mind. It's very obvious
that what was intended in terms of regulation was a camp club where individual
camping sites are so~d and some kind of title passes to the purchasers. The
whole thing is based upon the state camping club act and the sub-division
Title 58 of the state of Washington. There are so many portions of the
ordinance that don't apply to this concept. To answer your question where
Thousand Trails got the idea that they can sell 5 members per lot, that is
the essence of the concept throughout the organization. That's what they do
in Chehalis, that's what they do in Leavenworth. Developmental costs are based
; VOL 3 FAGE 864
"
Minutes of July 11, 1977
'l'age 4
upon the sale of 5 memberships per lot. That 5 to 1 is because the actual
use ratio is about lout of 10. By selling 5 memberships per lot there's
a safety margin there to know they're not going to be booked on any
one weekend." "...1 think there's a serious question whether or not
this ordinance applies at all because of the way it's drafted, and
because of certain requirements and definitions contained in the
ordinance."
Commissioner Brown expressed concern about over utilization of the
Thousand Trails Club if the membership rises above 2500.
Bill (peare ?) of Pacific Rim Group, Inc., responded that the
reservation system which goes into effect at 80% utilization would
prevent over utilization of the campsite. Whereas if individual sites
were sold there's no real control on the number of guests.
Commissioner Brown asked by what mechanism can the rules and regulations
of the club be changed.
Mr. Kuolt responded that the rules are subject to change by the
management of the Thousand Trails Corporation because they can't anticipate
problems 5 years from now. He said they have to assume the club will
be full on certain weekends, but the probability of that happening is
small. Also the majority of people return to the facility where they
joined and they think a lot of people in Jefferson County will join
Thousand Trails. They figure 3.4 people per family or 1200 people on a
full weekend. 90% of the members never leave the preserve. The 5 to 1
figure is an internal planning number to make sure a good job is done.
Chairman Mercer expressed concern over what 1200 would do to the
tidelands at low tide.
Mr. Kuolt replied they doubted 1200 would go to the beach because of
the other alternative uses. He made the point that if this were a regular
sub-division, the probability is that one member could have 3 or 4
families visiting and that is more probable than Thousand Trails having
1200 at anyone time. He also said that the property will be used for
something some day and the Thousand Trails concept will be a real credit
to the community and the county.
Chairman Mercer asked what these benefits would be.
Mr. Kuolt replied it offered excellent recreational facilities, social
functions, and soon they'll open up the Mt. Vernon facility to youth
groups during mid-week slack time, plus economic benefits. It would be
like a private club. They have social memberships that limit members
to the use of one preserve.
Earl Angevine replied: "It seems to me that you have two decisions
to make today - if Thousand Trails qualifies under ordinance and
assuming that it does, do you want to give approval. We didn't know
until this morning what the answer to the first question would be, but
assuming, based upon your letter from your Prosecuting Attorney, it's
obvious that Thousand Trails does not satisfy the two requirements of
your camping club ordinance." He then suggested the ordinance could be
amended to include the concept of Thousand Trails and offered to work
with our Prosecuting Attorney to put together a proposed amendment.
Commissioner Brown replied that this concept was considered when the
ordinance was put together.
Mr. Angevine stated that it could be amended so that a concept like
Thousand Trails would be less offensive than some other concepts.
Commissioner Brown expressed concern over problems such as traffic
and trespassing.
Chairman Mercer again asked how it would benefit the community and
the county.
Mr. Kuolt replied that it would be like any business coming into the
county. They plan to spend 1.4 million on capitol improvements, so it
will have an economic impact which included labor and materials, and it
will be something the community will enjoy as the highest rate of
utilization is from people closest to the preserve.
Mr. Angevine pointed out that because Thousand Trails is a quality
development it does benefit the community and contributes to a tourist
industry in the county as a whole.
Commissioner O'Meara pointed out that compliance to the ordinance
was the main issue, but he is also concerned about the impact on the
road as access is only one way.
Mr. Kuolt said they would be willing to improve the road to county
standards.
,VOL 3 FAGE865
~
"Minutes of July 11, 1977
'Page 5
Commissioner Brown said the Board has no choice but to deny it as it
doesn't comply with the ordinance.
Bill Howard, Prosecuting Attorney, advised that the motion be written
to include the reasons which go beyond the failure to comply with the
ordinance.
Commissioner Brown moved to deny the application on the basis that it
doesn't comply with the ordinance, to include all the reasons talked
about, and to have the Prosecuting Attorney draft a motion. Seconded by
Commissioner O'Meara.
Chairman Mercer agreed with the motion to make it unanimous.
Bill Howard was instructed to draft the motion specifying the Board's
findings and conclusions. It was approved and signed.
Charles Broders: Re Denial of Open Space Application. Mr. Broders
appeared to question the Board as to why his application was denied.
The Board explained that his application was for open open space
classification and therefore the land would have to benefit the public
in some way. They suggested he talk with the assessor to see if his
land would classify under timberland.
Petition for Road Vacation for Old Chimacum Road from Clarence R.
Lammers. Hearing set for August 8 by motion by Commissioner Brown and
seconded by Commissioner O'Meara.
Bob Carlson of Howard Cooper Corporation appeared to report on the
condition of the well water at the West-end Courthouse. He stated the
water has a high ph factor and requires a charcoal filter. He is going
to test the process and see if it will improve the water. It was moved
by Commissioner Brown to request a 30 day extension on the Performance
Guarantee. Seconded by Commissioner O'Meara.
The Board adjourned until Tuesday, July 12.
July 12, 1977 - Commissioners Brown and O'Meara came in to sign bills.
July 13, 1977 - The following transfers of revenue as per the 1977 budget
were approved by the Board and signed by Chairman Mercer:
1 - from open space trust fund to current expense - $1,000.00
2 - from Jefferson County Shoreline Management survey fund #101
to current expense #001 - $9,984.63.
3 - from federal revenue sharing to courthouse renovation fund
#301 - $25,000.00,
to courthouse cumulative reserve revolving equipment fund
#002 - $18,636.11,
to building construction fund #304 - $25,938.00.
Six-Year Road Program. Moved by Commissioner O'Meara to sign
Resolution No. 44-77 adopting the Six-Year Road Program of 1978-83.
Seconded by commissioner Brown.
Rental Agreement for the use of the VFW Hall by the Association of
Western Pulp and Paper Workers Local #175 was approved and signed by
the Board.
The Board approved and signed a call for Bids for a microfilming
cabinet and two reader printers. Bids to be opened at 10:00 a.m.,
August 8.
The Board approved and signed the minutes of July 5th.
VOL 3 PAGE 866
. .It...
.
. -Minutes of July 11, 1977
. Page 6
The Board approved and signed escrow instructions, closing statement
and real estate contract for the purchase of Blook 24, Bracken's
Addition to the City of Port Townsend.
The Board signed a hearing notice for the proposed cost of living
raise for county employees setting the hearing date for July 25
at 10:00 a.m. Resolut10n No. 45-77.
APPROVED BY:
r!-A/U7J~fJ IJJ1 /JYLt/uu/(.
Carroll M. Mercer, Chairman
&fI&~~
B. G. Brown, Member
(),~(J;!&/. /
A. M. 'Meara
VOL 3 PAG,887