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Home My WebLink About102813_cbs01c District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin County Administrator: Philip Morley DRAFT Clerk of the Board: Erin Lundgren it MINUTES Week of August 5, 2013 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • A citizen stated it is not a good idea to spray chemicals near water sources to eliminate Knotweed; • A citizen commented they have researched Knotweed and the health benefits it provides; • A citizen urged the Commissioners to work with her group on establishing a Home -Rule type of Government; • A citizen stated his group gathered the necessary 2,500 signatures needed to put Freeholder's on the ballot; • A citizen thanked the County staff for their professionalism regarding Home -Rule and voiced concern over the proposed filing date; citizens may not be informed in time; • A citizen stated: 1) The Jefferson County Democrats neither support nor endorse Home -Rule; and 2) They are developing a committee to inform the public; • A citizen stated: 1) Concerns regarding the Shoreline Management Plan (SMP) conditional use permit; 2) The NOAA has dual roles which conflict with each other; and 3) The website which addresses finfish aquaculture is inadequate; • A citizen thanked the Commissioners and County staff for contributing toward community safety by moving forward with the Quilcene Complete Streets Project; • A citizen stated: 1) Insecticides and herbicides are causing Parkinson's Disease in 33 -80% of patients; and 2) Baker City, Oregon had to boil water for a week due to Cryptosporidium in their water system; and • A citizen commented on the need for a Community Bill of Rights and the ability to put initiatives on a ballot; APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to approve all the items on the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 37-13 re: Create County Project, M.P. 294.5 to M.P. 295.0; Quilcene Complete Streets; Jefferson County Public Works 2. AGREEMENT re: Organizational Effectiveness Training; In the Amount of $4,000; Jefferson County Department of Community Development; FastTrack Communications. Tina Crosby Page 1 Commissioners Meeting Minutes of August 5, 2013 rT ... r. wwrzm.- wrarisc+ i' + �+ e+. ncee» �* �z+ aw+ savmmaec+ arov nma.. usm-' m.- �. �mm- v+«+ oym-•__ v-. zs° .' aen+ cz- pvzvmvFwun- azw.»+snwa+++w'ywmvra _ +.x++mi +.a+nmmawenwusFmsvm.a ai- c- w.+�sn .<- r x.. 3. AGREEMENT, Amendment No. 1 re: Marketing and Facilities Services for Watershed Stewardship Resource Center; Environmental Protection Act Grant 4PO- 00J0860; In the Amount of $16,500; Jefferson County Department of Community Development; ISE Consultants 4. AGREEMENT re: Birth to Three (3) Years; In the Amount of $7,750; Jefferson County Public Health; Port Townsend School District 5. AGREEMENT re: Birth to Three (3) Years; In the Amount of $7,750; Jefferson County Public Health; Chimacum School District 6. AGREEMENT, Amendment No. 1 re: School Based Health Center; Additional Amount of $26,000 for a Total of $91,000; Jefferson County Public Health; Jefferson Mental Health Services 7. AGREEMENT re: Community Access Services; In the Amount of $20,196; Jefferson County Public Health; Concerned Citizens 8. AGREEMENT NO. C1400033, Interagency re: Local Source Control Assistance to Reduce Pollution to Water Resources; In the Amount of $175,000; Jefferson County Public Health; Washington State Department of Ecology 9. AGREEMENT re: School Nurse Corp Program; In the Amount of $32,145 plus mileage; Jefferson County Public Health; Olympic Educational Service District 114 (OESD) 10. AGREEMENT re: Nurse Home Visitation Services; In the Amount of $176,740; Jefferson County Public Health; Washington Early Learning Fund, (dba: Thrive by Five Washington) 11. AGREEMENT re: Conservation Futures Project, L. Brown Trust II Project; In the Amount of $24,900; Jefferson County Public Health; Jefferson Land Trust 12. AGREEMENT re: Hoh Shop Fuel System; In the Amount of $47,656.30; Jefferson County Public Works; Pacific Environmental Services Company 13. AGREEMENT No. DTFH70 -11 -E- 00039, Amendment No. 2 re: Snow Creek Road Culvert Replacement, M.P. 3.78, Project No. CR1899; Additional Amount of $452,200 for a Total of $622,200; Jefferson County Public Works; Federal Highway Administration (FHWA) 14. AGREEMENT re: Indian Island County Park Lease; In the Amount of $0.00; Jefferson County Public Works; Washington State Department of Natural Resources (DNR) 15. Organizational Chart, Amendment re: Prosecuting Attorney's Office 16. Advisory Board Appointment re: Jefferson County Conservation Futures Oversight Committee; Four (4) Year Term expires August 5, 2017; Representing Climate Change Interest, Craig Schrader 17. Letter of Appreciation re: Funding Support for Upper Hoh Road Repairs; Senator Patty Murray and Representative Derek Kilmer 18. Payment of Jefferson County Vouchers/Warrants Dated July 22, 2013 Totaling $852,409.54 and Dated July 26, 2013 Totaling $3,882.90 19. Payment of Jefferson County Payroll Warrants Dated July 19, 2013 and Totaling $73,123.05 A/P Warrants Done by Payroll Dated July 6, 2013 Totaling $120,385.69 and Dated July 19, 2013 Totaling $15,503.97 Page 2 Commissioners Meeting Minutes of August 5, 20131' COMMISSIONERS BRIEFING SESSION: Commissioner Sullivan reported on the following: - The Peninsula Development District assisted the Port of Port Angeles in receiving an Economic Development Administration (EDA) Grant Approval of Minutes: Commissioner Johnson moved to approve the regular meeting minutes of May 28, 2013 and June 3, 2013 as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. DISCUSSION re: Proposed Resolution calling for a special election on whether to choose a Board of Freeholders to draft a Home Rule Charter for Jefferson County and prescribing the procedure for the election of such Freeholders: County Administrator Philip Morley noted that the Home -Rule Charter issue on the Agenda was listed under the Commissioner Briefing Session when it should be on the Regular Agenda. Chief Deputy Auditor /Elections Coordinator Karen Cartmel and Administrator Morley explained the procedures and processes for creating a Home -Rule Charter and candidates for the Freeholder positions. Ms. Cartmel stated that the Jefferson County Auditor's office received over 2,400 signatures submitted by petitioners. The threshold needed was 2,010. The Auditor's staff verified that 2,024 signatures were valid and stopped counting as the threshold was met. County Administrator Morley reviewed the terms of the Freeholder positions as outlined in the proposed Resolution. It was announced that there will be an information forum regarding Home -Rule Charter on Monday, August 12, 2013 at 6:00 p.m. in the Superior Court Courtroom for individuals seeking more information on the topic and individuals interested in filing for the office of Freeholder. Commissioner Johnson moved to approve RESOLUTION NO. 38-13 re: In the matter of calling for a special election on whether to choose a Board of Freeholders to frame a County Charter; and to choose Freeholders to draft a Home Rule Charter for Jefferson County and prescribing the procedure for the election of such Freeholders. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The meeting was recessed at 9:57 a.m. and reconvened at 10:10 a.m. with all three Commissioners present. Due to the large number of the citizens in attendance for the hearing, the Board concurred to move the meeting to the Cotton Building located at 607 Water Street in downtown Port Townsend. The meeting was recessed at 10:11 a.m. The meeting was reconvened at 11:00 a.m. at the Cotton Building with all three Commissioners present. Page 3 r Commissioners Meeting Minutes of August 5, 2013 HEARING re: Proposed Formation of Park & Recreation District; Kala Point: County Administrator Philip Morley gave an overview of the proposed Resolution. A petition has been submitted to establish a Park and Recreation District in Kala Point. The petition was certified by the Jefferson County Auditor's Office. Per RCW 36.69.040 the Commissioners must hold a public hearing and determine the boundaries of the proposed Park and Recreation District. The hearing notice was published in the Port Townsend / Jefferson County Leader newspaper on July 10, 17 and 24, 2013. The boundary of the proposed Park and Recreation District is described as the area known as Kala Point and described as Voter Precinct 304. Once the Park and Recreation District is named and the boundaries are set, the proposition for the formation shall be submitted to the voters of precinct 304 for their approval or rejection at the next general election held on November 5, 2013. Chairman Austin opened the hearing for public testimony. Ron Gregory, Port Ludlow: Stated that he is a Port Ludlow resident and asked what will be the name of the Port Ludlow District? Chairman Austin replied the hearing is for Kala Point and County Administrator Philip Morley said he would answer any questions regarding Port Ludlow after the meeting. Mr. Gregory went on to give testimony and reported that The Leader newspaper did a segment on the Municipal Park District. He read aloud a comment that Chairman Austin was quoted saying "While inflation increases by several percentage points each year, property tax increases are limited to 1 percent. Non - mandated services, such as parks, often get cut, and the dollars that remain become steadily less effective." He wants to know where Chairman Austin received his information for that statement. If the argument is we need an additional taxing district because we have inadequate resources because of high inflation, he'd like to know what the rate of inflation is. Bill Kaune Kala Point Port Townsend: State he is trying to understand the idea behind a Park and Recreation District for Kala Point. He believes it would have no function. He stated that the parks and recreation areas of Kala Point are privately owned and he does not see that ever changing. The apparent reason for this is to avoid paying property tax for a Metropolitan Park and Recreation District. From what he's heard, having a Kala Point Park and Recreation District would not exclude Kala Point from a Metropolitan Park and Recreation District. It seems to him there is no point and the hearing is a waste. Nancy Leeds, Kala Point, Port Townsend: Stated she agrees with the previous public testimony and stated she does not see a point in having a Park and Recreation District for Kala Point. Many citizens there do not want to have one either. She does not think that the idea of the Park and Recreation District was fully explained to the people who signed the petition. She does not think that the people in Kala Point want to renege on paying taxes and believes they would be willing to pay for a park because it benefits everybody. Steve Bartik Kala Point Port Townsend: Stated as a Kala Point resident, he is dismayed at the selfish and ill- conceived intent to establish a public Park District designed to offer no public service in the midst of a private community in an openly stated effort to avoid paying taxes for the Metropolitan Park and Recreation District. Mr. Bartik stated it is unfortunate that in his community there resides a small number that cannot be satisfied to live contentedly in the company of others. It seems their primary directive is to be left alone. He expressed that Park District proposals such as this, and the underlying Page 4 Commissioners Meeting Minutes of August 5, 2013 complaints they represent, are the product of a handful of malcontents whose sole interest is the avoidance of regulatory control and public taxation without regard to their social value. The persistence of the small fraction that see every ruling in revenue decision as an act of oppression makes it exceedingly difficult to detect the legitimacy of their plea when their message is presented in such a forceful and negative fashion. The vast majority of Kala Point residents embrace the concept of a shared presence, seeing themselves not only as members of a local association, but also as citizens of Jefferson County, occupants of Quimper Peninsula and consumers of the many private and public services offered in Port Townsend and Port Hadlock Tri -Area. He stated a great many of Kala Point residents drive the roads, visit the parks, use the libraries and more importantly have demonstrated recognition of social good by their willingness to pay for their fair share, even if not directly benefitting. He urged the Commissioners to kill the misguided isolationist park district proposal that only serves to distract them and draw energy from legitimate efforts to move forward on projects based on caring, reason and fairness. Tom Thiersch, unincorporated Jefferson County: Stated County Administrator Philip Morley pointed out two very important things regarding the roles of the County Commissioners; deciding on the name and determining the boundaries of the proposed park district. What the Commissioners are not permitted, empowered and cannot do under the law, is to decide whether or not this measure goes forward to the ballot. The testimony he has heard so far is that residents don't want this put on the ballot, but that is not a choice those folks have. When there was a similar hearing on the Port Ludlow proposal, Commissioner Sullivan commented after the fact that he had heard no testimony regarding the issue of which areas of the proposed district would benefit from the creation of the district. Mr. Thiersch stated that would be one of the things the Commissioners would have to consider in adjusting the boundaries and if there is a public benefit? He stated that County Administrator Morley's explanation of the concept of `benefit' is extremely broad. Anything that says there is not going to be a benefit is going to have to be fairly specific to have any weight. Mr. Thiersch reminded the Commissioners on what kind of testimony they can actually hear on this subject. The issue on whether or not the issue needs to be placed on the ballot is not within the Commissioners' purview. Douglas Leeds, Kala Point, Port Townsend: Stated he cannot dispute the previous testimony's remarks regarding the Commissioners' function at the hearing, however, he believes the proposal seems to be setting up a sham park district for the sole purpose of avoiding County taxes. He believes it is absolutely wrong. Mr. Leeds expressed his concern that he feels the Kala Point Park and Recreation District is an illegal petition. Dick Schulte, Kala Point, Port Townsend: Stated he understood that even though citizens cannot ask the Commissioners to withhold putting the Kala Point Park and Recreation District on the ballot, he will ask anyway. He sees absolutely no real value of a Kala Point Park and Recreation District. The petition was sold to the petitioners as a tax dodge. Mr. Schulte references an email that was sent around Kala Point with a headline that read "Avoid County taxes, sign this petition." There is no public property or facilities in Kala Point. This district would significantly overlap the responsibilities of our homeowners association that already exists. Based on feedback from the County's attorney, residents now understand that even if a Park and Recreation District was set up for Kala Point, they would not avoid the taxation of a Metropolitan Park District (MPD). Mr. Schulte stated that most of the residents of Kala Point would be willing to support an MPD if one is formed. The majority of Kala Point residents are proud to be a Page 5 Commissioners Meeting Minutes of August 5, 2013 part of Jefferson County and Port Townsend and they want to do their fair share to support it. Y1 Jay Garthwaite, Kala Point, Port Townsend: Reiterated that a petition was rendered and validated by the County Auditor, certified to the Commissioners. He stated that the Commissioner's roles under RCW 36.69.040 and 36.69.050 are very limited. Mr. Garthwaite emphasized that the Commissioners do not have the authority to block or delay balloting on the basis of what you perceive to be judgment as to the necessity. He mentioned that the parade of people who purport to represent the interest of everyone in Kala Point have no authority to block or delay balloting either and noted that 134 Kala Point registered voters executed the petition. The Kala Point Owner's Association (KPOA) is lobbying the Commissioners to kill the measure before it gets to the ballot which is pretty characteristic of the KPOA, they don't like to see the members actually get to vote on things. The Commissioners have no power in killing the measure and the KPOA does not have any special standing to do that either. Mr. Garthwaite noted that KPOA as an entity, is not a registered voter. He believes that the KPOA attorney who responded in a letter dated July 23, 2013 made all sorts of false, self - serving statements, mischaracterization of facts and law and he stated that was their usual practice. He commented that the KPOA likes to bully their way to what the tiny leadership element wants. These are the same folks that tried to ignore federal law on member satellite dishes, tried to circumvent State preemption statutes on firearm possession and carry, threatened to fine KPOA members for possession and sale of radio transmitters — which is an authority granted only to the federal communications by preemption. Mr. Garthwaite reported that two weeks ago the KPOA issued cease and desist notices to members that were circulating the legal petition on this matter. He stated that was interference, which was a gross misdemeanor. Under Washington law it is a criminal offense to interfere with the collection of petition signatures. He recommended that the Commissioners be careful on where the KPOA is trying to lead them in regard to their pleas to circumvent getting this issue on the ballot. He noted that the petition is entitled to be on the ballot and it met all the requirements. Patricia Miles, Kala Point, Port Townsend: Stated she would get right to the point and would not presume to tell the Commissioners their position, their responsibilities and how to do their jobs, nor would she launch bombs at the other side. Kala Point properties and facilities are all privately owned. If that in fact is true, then it is not open to the general public to come and use those facilities, it is a moot point to create a Parks and Recreation District because it doesn't benefit anyone outside of the homeowners who already have access to all of those facilities. Ms. Miles reiterated that if the property is private and the outside public does not have access to the amenities, it doesn't make sense to establish a Park and Recreation District except to avoid taxes should a larger parks district be established in the future. Dale Moses, Kala Point, Port Townsend: Stated he was the President of the Kala Point Owner's Association but would not be speaking on behalf of the association. He acknowledged that the association cannot have a vote on things, but as a property owner he can. It is quite a conundrum they are finding themselves in. Mr. Moses observed that it appears that they are putting something on the ballot that does not have a purpose and hopefully will not pass. He proposed that the Commissioners, when determining the boundaries for the proposed Park and Recreation District, set the boundaries so limited, that it becomes irrelevant. He suggested taking one square foot near the gate and making it the new boundary for the district. Mr. Moses noted the Commissioners are allowed to do that and the public benefit would be the same as the public benefit for the entire acreage of Kala Point. He stated if they Page 6 Commissioners Meeting Minutes of August 5, 2013 were playing games, this is the kind of game they could play as well. It sounds silly to say it, but the whole initiative has been silly. Kathleen Kler, Quilcene: Stated she is not speaking as to the boundaries or naming of the proposed Park and Recreation District process, but has a few words to say regarding the public process and the fact that so many citizens have come to the podium with comments. It seems indicative of the frustration that some of the citizens have had about not gaining enough information about the process. Ms. Kler explained that she is the Co -Chair of the Metropolitan Park and Recreation District (MPD) and they have issued invitations and requests throughout the County for several months. The group's goal is to gather information, meet with the public and discuss what is needed and to also address the misrepresentation of the MPD. Ms. Kler encouraged everyone in attendance to speak to her group if they had questions about the MPD rather than going to the extent of forming another park district. Citizens could let them know what they would like to see and her group could further discuss how it would benefit their community and the whole of Jefferson County. Hearing no further testimony, Chairman Austin closed the public hearing. Commissioner Sullivan stated a question was brought up that since this is a private community, what benefit would this actually have? He pointed out that the Public Meetings Act and Public Records Request Acts would have to be followed and those processes cost money and people should be aware of that. He referenced a letter from Deputy Prosecuting Attorney (DPA) David Alvarez dated July 24, 2013 regarding the inclusion of the Port Ludlow Master Planned Resort (PLA) into either a Metropolitan Park District (MPD) or a Park and Recreation District. The letter pointed out some speculative benefits of having a Park and Recreation District (PRD) within Kala Point. Commissioner Sullivan read those benefits aloud. (Below is an excerpt from the actual letter and references Port Ludlow Associates (PLA), Port Ludlow Master Planned Resort (MPR) and Kala Point Owner's Association (KPOA)): • An organization that could serve in an advisory role to help the PLA, the various homeowner's associations and /or KPOA make long -term planning decisions for the existing recreational facilities; • An organization that could be hired to be responsible for operating and maintaining the existing recreational facilities; • An organization having the ability to impose an ad valorem tax on real property in the future if a major project to install a new recreational facility becomes the intent or desire of the MPR or Kala Point residents; • An organization having the ability to impose an ad valorem tax in the future to take over the now privately owned recreational facilities if the current revenue streams disappear or are minimized; or • The possibility that the property values inside the MPR and Kala Point will increase because the PRD has the ability to fund and construct additional recreational facilities which, if constructed, will make residing in those regions more attractive. Commissioner Sullivan stated those were the kinds of speculative benefits legal counsel was able to come up with in looking at this topic. Several initiatives have come forward through the community lately and he advised that it really is a buyer's beware situation when you're signing something. Petitions have been signed which sets the process in motion. Page 7 Commissioners Meeting Minutes of August 5, 2013 21 In order to be consistent with other Park and Recreation Distric-S-iTrJefferson County, Commissioner Sullivan struck the words "Kala Point" from the title and moved to approve RESOLUTION NO. 39 -13 re: the matter of designating Jefferson County Park and Recreation District No. 4 to be located in Kala Point and setting the boundaries. Commissioner Johnson seconded the motion which carried by a unanimous vote. DISCUSSION re: Proposed Formation of Park & Recreation District; Port Ludlow Master Planned Resort: County Administrator Philip Morley gave an overview of the proposed Resolution. A petition was submitted to establish a Park and Recreation District in Port Ludlow. This petition was certified by the Jefferson County Auditor's Office. Per RCW 36.69.040 the Commissioners held a public hearing on July 15, 2013 and shall next determine the boundaries of the proposed Park and Recreation District. The boundary of the proposed Park and Recreation District are described as the area known as the Port Ludlow Master Planned Resort and described as all of Voter Precincts 500, 501 and a portion of Voter Precinct 503. Once the Park and Recreation District is named and the boundaries are set, the proposition for the formation shall be submitted to the voters of Precincts 500, 501 and 503 for their approval or rejection at the next general election to be held on November 5, 2013. In order to be consistent with other Park and Recreation Districts in Jefferson County, Commissioner Sullivan struck the words "Port Ludlow Master Planned Resort" from the title and moved to approve RESOLUTION NO. 40 -13 re: the matter of designating Jefferson County Park and Recreation District No. 3 to be located in Port Ludlow and setting the boundaries. Commissioner Johnson seconded the motion which carried by a unanimous vote. HEARING re: Proposed Six -Year Transportation Improvement Program and Amendments to Existing Program: Public Works Director /County Engineer Monte Reinders gave an overview of program and amendments. The purpose of the hearing is to receive public testimony concerning adoption of the 2014 -2019 Jefferson County Six -Year Transportation Improvement Program (TIP). Per RCW 36.81.121 the annual adoption of a six -year TIP requires holding a public hearing. Director Reinders stated the TIP relies heavily on the availability of outside grant and program funding from the State and federal government. The fiscal impact is evaluated through the annual budgeting process including adoption of an annual road construction program. Currently 80 -90% of TIP projects in the County are funded by grants. The Public Works office received public comment via mail and email regarding Item number 23, the West Uncas Road Culvert Replacement Project. The concern was pertaining to fish passage and primarily the comments suggested moving the project up to 2016 -2018. Director Reinders mentioned that Jefferson County relies heavily on grants to complete projects and those grants are primarily for specific activity, specific types of projects and specific types of roads; primarily roads that are on a federal system. Roads that go through the National Parks have a lot of work done because those are federally funded. Most of the County roads are not eligible for any type of funding and therefore, the bulk of the locally collected dollars go to maintaining and preserving roads, not improving. The West Page 8 Commissioners Meeting Minutes of August 5, 2013 .. �.-: �..«- �+ s.-....+.— �.- ww. � =n.nv +�ura..vao•.- .nmm- .«.ry -.nv a- m_. «.r..�_mm+m.. u3+-w+ r...�� .�ca.. -� ... ... -,.. �.- ,a, .. _.. ...�.. ,,._ 'lr'...�.n- .... -.� Uncas Road Culvert Replacement project would rely on at least 80 -90% grant funding, which they are willing to pursue. In the past, the Hood Canal Salmon Enhancement Group and the North Olympic Salmon Coalition (NOSC) have indicated interest in pursuing those grant funds themselves and tackling those projects. That is how Public Works has approached salmon projects for over 15 years. When applying for grant funds, you have to make sure you are following a priority system and that the projects do not compete with NOSC and others, unless all agencies are on the same page. Chairman Austin opened the hearing for public testimony. Tom Jay, Chimacum: Stated that 16 years ago the culvert in Irondale blew out and wiped out the Chum run. That event started the Wild Olympic Salmon group's restoration program. It was one of the first times that a community restoration group cooperated so effectively with the State. In those 16 years of restoration, they not only restored the chum and salmon, but were able to take eggs to Chimacum Creek and Jimmy Come Lately Creek. Mr. Jay commented that three watershed systems have now been restored with Summer Chum which was once on the endangered species list. We are faced with a failing culvert again. The rejuvenated Chum are being choked at that culvert, they get confused, they can't go under very well so they die. The passage above is not adequate so every year volunteers have to go and build a ladder system with sand bags. Mr. Jay pointed out that the danger here is with the crowding, some of the fish will go back downstream and look for spawning habitat and they will spawn on top of already dug reds. This will create a big impact on the fertility of the stream. The natural impulse is to get upstream and colonize new watershed, which would increase the numbers exponentially. He stated the traditional number of Chum in that stream was not 800 as originally quoted by fishermen in the beginning due to the fact there was a tribal village there. He believes that tens of thousands of Summer Chum used to travel through that stream. If there was ten thousand Chum coming back, there would be a basis for an enhanced Coho run and Steelhead run because Chum is a food fish for those other migratory species. Mr. Jay stated there is some urgency to push the West Uncas Road Culvert Replacement project to 2016, because that is what the fish would want to happen. Sheri Scalf, Port Ludlow: Stated she worked as a technician for the Washington State Department of Fish and Wildlife and read from her statement. (See hearing record) Tom Johnson, Port Townsend: Stated he has been a resident of Port Townsend for 35 years and is currently the environmental program manager for the Point no Point Treaty Council and read from his statement. (See hearing record) Michael Blanton, Sequim: Stated he is a watershed steward for the Washington State Department of Fish and Wildlife (DFW). He urged the Commissioners to move the West Uncas road culvert project to the top of their priority list. Mr. Blanton stated that the culvert is currently not fish passable and the Summer Chum that use that culvert are an endangered species. If you see the culvert today, at the upstream and downstream ends of the culvert it's starting to undercut. Salmon have gotten stuck and died underneath the culvert already. He stated that the DFW has been working with the County and will continue doing so. He indicated that they are willing to work with the County in helping to secure funding for this project. Millions of dollars have been spent in Jefferson County on summer Chum projects and Salmon in Discovery Bay, and the County has benefited from that, however, that work is falling short because of Page 9 Commissioners Meeting Minutes of August 5, 2013 p that culvert. Work has been done on the lower part of the�bt the salmon cannot get up to their spawning grounds where the best spawning grounds are, and that's a sad predicament. If work on the culvert is unable to start now, Mr. Blanton suggested the County consider the idea of road abandonment as the road only serves a few houses. The road is approximately 1 mile driving distance to get to either end of the road and he does not believe it would be a great hardship if the road closed. He suggested possibly getting the community in that area to buy in on that idea until monies were available to do a bridge fix. Mr. Blanton referenced a current lawsuit regarding tribes and fish passage culverts on State roads. He elaborated by saying the culvert in question is not a State road, but a County road, so it should be a priority for the County to have this issue resolved. He reiterated that the DFW is more than willing to work with the County in obtaining funding for this project. Hearing no further testimony, Chairman Austin closed the public hearing. Director Reinders addressed a comment during the public testimony regarding road abandonment, stating that may not be a popular idea with residents along that section of road. There are around 1,500 culverts in the County, many of which are failing. Not all culverts have salmon running through them he stated. He indicated Public Works has worked with other groups on culverts and they are able to finish around 1 -2 culvert projects a year. Chairman Austin suggested ranking Project No. 23 West Uncas Road Culvert replacement further up on the TIP list. The Board agreed that they would like to see this culvert project move up in priority. Two citizens from the audience commented on funding for the culvert becoming available fairly soon. The Board directed Public Works staff to accelerate the programmed construction date for Project No. 23, West Uncas Road culvert replacement. The Board deferred action on the proposed Resolution to adopt the 2014 -2019 TIP to allow time for Public Works staff to refine the TIP and place on next week's agenda for approval. DISCUSSIONAND POSSIBLE EDITS re: Shoreline Master Program: The Board and staff of the Department of Community Development (DCD) have spent considerable time and effort on the Shoreline Master Program (SMP) to study the issue of how to regulate finfish aquaculture to ensure adequate protection of shoreline resources while allowing appropriate use and development. On July 10, 2013 DCD met with the Washington State Department of Ecology (DOE) and that meeting prompted staff to make a few minor edits. After the edits are made, staff will send the SMP back to the DOE to finalize. DCD staff gave the Board the following handouts: 1) "Final Response to Ecology: Finfish Aquaculture Required Changes 413 -15" dated July 17, 2013 (25 pages); 2) Jefferson County SMP Update Supplemental Information re: Agriculture - Aquaculture (Referred to as Handout 1, see attached); and 3) Jefferson County Shoreline Master Program Update: In -water Finfish Aquaculture - Summary and Maps of SED Allowance (Referred to as Handout 2 and Figure 1, see attached). The suggested edits and notations on the handouts were highlighted in yellow by DCD staff. Following are the edits in underlined italics: Page 10 Commissioners Meeting Minutes of August 5, 2013 MRAFT Page Location Changes Decision Page 1 3rd Paragraph No Change. Added temporary notations that will not be included No decision. in the final SMP document nor codified via ordinance "...and other habitat referenced by the 1986 Interim Guidelines for Page 3 Article 2 Definitions under H.2 Salmon Net Pen Culture in Puget Sound, as determined on a Board agreed to edits. case -by -case basis in consultation with Washington Department of Fish and Wildlife..." Page 4 Article 4.3.A Environment Designations Table Proposed edits to the table found highlighted in Final Response to Board agreed to edits. Ecology and on Handout 1, Page 2 Page 4 "...RCW 90358.065, upland finfsh Article 8.1 Agriculture, A.8 aquaculture is considered agricultural production. _However, Board agreed to for the purposes of this Program, edits. u land finfsh aquaculture should instead be managed ..." Page 4 Proposed edits on Handout 1, Page 2. Adding: "...are prohibited, Article 8.1 Agriculture, B.1, B.2 and B.3 except upland fnf sh aquaculture Board agreed to edits. per aquaculture policies and regulations of this Program." To B.1, B.2 and B.3 Page 5 Article 8.1 Agriculture, C "Upland fiof sh aquaculture use Board agreed to and development shall be edits. subject..." Page 6 Article 8.2 Aquaculture, Policies A.12, A.14 and A.15 Proposed edits highlighted in Final Response to Ecology Board agreed to edits. Page 7 Article 8.2 Aquaculture, Shoreline Environment Regulations, C.1, C.3, C.5, C.6 Proposed edits highlighted in Final Response to Ecology for C.1, C.3, C.5 and C.6 Board agreed to edits. Page 7 Handout 1, Page 3 Article 8.2 Aquaculture, Shoreline Environment Adding C.7 7. For a summary and gaphic Board agreed to edits. approximation of the above shoreline environment regulations allowance of in -water fiof sh aquaculture, see Figure 1. Handout 2 would be codified into County Code as Figure 1 Page 9 Section viii Proposed edits highlighted Board agreed to in Final Response to Ecology edits. Page I l �F r Commissioners Meeting Minutes of August 5, 2013 ---,L DrmAFT Page 10 Page 10 E. Regulations — Finfish E.l and E.2 LIM Propo!;cd-edits highlighted in Final Response to Ecology D. Where the County does not have Board agreed to edits. expertise to analyze the merits o fa E. Regulations — Finfish Adding 2.D Board agreed to edits. report provided by a_ n applicant, pp the alicant may be required to pay for third party review of said report. Page 13 -14 "...residential development LRuraZ Residential 1:5, Urban Growth Area, Master Planned Resort, and 12. Visual Quality, ii Board agreed to pre- existing platted subdivisions edits. with density equivalent /greater to such is present..." Page 17 -25 Proposed edits highlighted Jefferson County Rationale Numerous edits and additions* in Final Response to Ecology. *Rationale will not be codified as part of the Shoreline Program, but you will Board agreed to edits. see much of this reflected in the findings of the adopting ordinance. Chairman Austin questioned the Port Ludlow map on Handout 2 as to why the area in purple was designated conservancy and not shoreline residential? Associate Planner Michelle McConnell answered that from what she remembers, there was an estuary in that area due to Ludlow Creek and the area had sensitive natural features. Planning Manager Stacie Hoskins stated she believed there was also a flood plain in that area. Commissioner Sullivan moved to follow the recommendation of the Department of Community Development staff on the revisions to the Final Response to Ecology: Finfish Aquaculture Required Changes 413 -15 and proceed with officially submitting it to the Washington State Department of Ecology for final review. Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 1:22 p.m. and reconvened at 2:04 p.m. with all three Commissioners present. Page 12 Commissioners Meeting Minutes of August 5, 2013 COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. E �G 1 Calendar Coordination • All 3 Commissioners will be attending a Jefferson County Library breakfast meeting on August 7, 2013 • SPECIAL MEETING: Community Input meeting at the West End on August 8, 2013 • There will be a Metropolitan Park District (MPD) facility tour on August 9, 2013 • Chairman Austin and County Administrator Philip Morley will be out of the office on August 9, 2013 • Commissioner Johnson and Commissioner Sullivan will be attending a Quilcene Museum event on August 9, 2013 • The Jefferson County Fair is August 9 -11, 2013 • Commissioner Johnson will be attending an Olympic Region Clean Air Agency (ORCAA) meeting on August 14, 2013 and will not be attending an Integrated Watershed Plan meeting as originally planned • All 3 Commissioners will be attending a Board of Health meeting on August 15, 2013 • Commissioner Johnson will be attending a Fort Worden Advisory Committee meeting on August 15, 2013 • All 3 Commissioners will be attending an All County Emergency Picnic at HJ Carroll Park on August 18, 2013 • Chairman Austin will be attending the JeffCo Community Foundation Rain Coast Farm Event on August 18, 2013 • Chairman Austin and Commissioner Johnson will be attending Habitat for Humanity's ground breaking ceremony for Nora Porter's Neighborhood Park on August 17, 2013 • Chairman Austin will be attending a Canvass Board meeting on August 20, 2013 • All 3 Commissioners will be attending a Transit Board meeting on August 20, 2013 • All 3 Commissioners will be attending a Hood Canal Coordinating Council (HCCC) retreat in Port Gamble on August 21, 2013 • The next HCCC meeting will be on October 16, 2013. There is no September meeting scheduled • There will be a HCCC meeting on October 31, 2013 Miscellaneous Issues • HCCC Service Awards: Chairman Austin will be checking with Scott Brewer on submittal process /requirements • Staffing Policy • Per diem practice and policy • Discussion of Charter • Metropolitan Park District (MPD) • Noxious Weed Control Board • Library Board Meeting Page 13 Commissioners Meeting Minutes of August 5, 2013 NOTICE OFADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 3:15 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion which carried by a unanimous vote. SEAL: ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David Sullivan, Member Page 14 Jefferson CountvsMP Comprehensive update Formal Jefferson County Response to Ecology on Changes to the Locally Approved Shoreline master Program (LA-SMP): Final Response to Ecology: Finfish Aouamulture Required Changes #13-15 Background: On January 26, 2011 the Washington Department of Ecology (Ecology) issued its conditional approval of the Jefferson County Locally Approved Shoreline Master Program (LA-SMP) pending some required and recommended changes. The County considered 53 possible changes to the LA-SMPand provided the 10/31/2011 Formal Response matrix to Ecology for informal review. Ecology indicated they would accept all the proposed changes, except those that pertained to Ecology's required changes (#13, 14 and 15) regarding in-water finfish aquaculture; the County still proposed a complete prohibition and Ecology will not support such e prohibition of this water—dependent use. The County further studied the issues and considered options of how to adequately regulate the use and has opted for the approach of allowing the use with a conditional use permit (CUP) subject to specific performance standards and geographic limitations. This limited CUP approach is described below in this final response to Ecology regarding the required changes for finfish aquaculture. This document serves as an addendum to the October 2011 response matrix and shows what changes the County is now prepared to make to the text of the LA-3MP, pending Ecology's approval. The contents herein would replace in entirety all previously proposed versions of response to Required Changes #13, 14 and 15 (specifically pages 7 — 14 of the October 2011 response matrix). The County's rationale is included at the end of this document, but will not be codified as part of the SMP. Proposed changes are shown below in|ine- in/|ine-out bill format with added text shown as underlined and deleted text shown in**+4eet1;pe*+g4. NOTE: As a courtesy to the reader, this document also shows revisions in response to other required and recommended changes from Ecology and text clarifications proposed by the County in an effort to present a comp}etepacka#eofproviyions1hatvvou|dapp|ytofinMshaquacu|tore;theseareindicetedes"[Nnte: See Required/Recom mended Change/Proposed Clarification #xx]"'; these notations will not be included in the final SMP document nor codified via ordinance. Because the County and Ecology have ostensibly come to agreement on these other changes, the additional revisions are shown simply to give context to the combined response to Required Changes #I]'1S regarding finfisMaquacu|ture. For questions about this document, please contact Department of Community Development Project Manager Michelle McConnell at 360/379' 4484orrnmcconne((@co.ieffersnn.vva.uo. REVISED 7-19-2013 Page 2Vf2f Final Response uo Ecology: FinfishAquoculturc Response Matrix: F ITEM I LA - LA -SMP � SMP � To iic Provision P Page Ecology's Required or Recommended Change Jefferson County Response Chan es to the $ Locally Approved SMP Ecology's Attachment B. Required Changes 13 Article 4 -6 Use Table — Net Pens,/Finfash * Alternative Add and delete text 4.3 — Use Net Proposal to read as indicated Table Pens /Finfish in combined response for #13, 14 and 15 below: 14 Article 8 -4 Aquaculture B. Uses and Activities Prohibited Alternative Add and delete text 8.2.6.1 to 8- — Outright Proposal to read as indicated and 2 8 Prohibitions t 1. --N CC^ d-Afined iA A liele 2, in combined f;6, a- response for #13, Article 2. Finfish aquaculture re wires 14 and 15 below: 8,2.0.1 Aquaculture conditional use approval. through — Shoreline 3. Applicants for aquaculture 6 Environment activities that use or release herbicides, Regulations pesticides, antibiotics, fertilizers, non- indigenous species, parasites, pharmaceuticals, genetically modified Article Aquaculture organisms, feed or other materials Known 8.2.D,8 _ to be harmful into surrounding waters 4 and 9 Regulations pF0 i i :-must demonstrate all I - General significant impacts have been mitigated. 15 Article 8 -4 Aquaculture !4. Net eAs; as ele qea n ^r-tits, , Alternative Add and delete text 8.2.A.12 i - Policies should net be allewe Proposal to read as indicated and 13 13. Finfish aquaculture that uses or in combined releases herbicides, pesticides, response for #13, antibiotics, 14 and 15 below: fertilizers, pharmaceuticals, non- indigenous species, parasites, genetically modified organisms, or feed into surrounding waters must demonstrate all significant impacts have been Yated.sheuld Rat be allowed. REVISED 7 -19 -2013 Page 2 of 25 Final Response to Ecology; Finfish Aquaculture Combined Response for Required Changes #13,,14 and 15: Add and delete text to read as follows: Article 2 Definitions C.26. Critical habitat means habitat areas with which endangered, threatened, sensitive or monitored plant, fish or wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating). Such areas are identified herein with reference to lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife as identified in VVAC 232-12-011 or232-I2-014; in the Priority Habitat and Speoies(PHS) program of the Department mf Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations. See also Habitat of special significance. E.15. Experimental aqumculture means aquacu|tune that uses cultivates new species, or harvesting techniques that have not previously been eultivated used in the state of Washington and that differ significantly from common practice. H.2. Habitat of special significance means eelgrass beds, kelp beds, rocky reef habitat, Reciduck beds. hardshell clam beds, habitat having significant populations or which are important to the feeding, reproduction or other life stages of Dungeness crabs, herring, lingcodLgreenling, true cod, soles and flounders, rock fishes, cabezon and other large sculpins, or sea perch, wildlife refuges and habitats of endangered or threatened species, and other habitat referenced by the 1986 Interim Guidelines for Salmon Net Pen Culture in Puget Sound, as determined on a case-by-case basis in consultation with Washinglon Department of Fish and Wildlife. See also Critical habitat. 1.17. In-water finfish aquaculture means the farming or culture of vertebrate or cartilaginous food fish for market sale when raised in facilities located waterward of the ordinary high water mark in freshwater or saltwater water bodies, in either open-flow or contained systems. This includes net gens, sea cages, bag cages and similar floating/hanging containment structures and is intended to reflect the definition of 'marine finfish rearing facilities' (RCW 90,48.220), but does not include tem-porary. restoration/enhancement facilities used expressly to improve populations of native stocks and that meet the definition of 'watershed restoration proiect' per RCW 89.08.460. REVISED 7-19-2013 Page of 25 Final Response m Ecology: Fin/shAquuculture Article X4.3 Allowed Use Table Table 1 - Permitted, Conditional and Prohibited Uses by Shoreline Environment Designation P = Use may be permitted subject to policies and regulations of Program. May require Shoreline substantial development permit or Statement of exemption approval. See Articles b, 7, 8, 9 and /or 10 for details. C(a) = Conditional use administrative. See Articles 2, 9 and 10 for definition, criteria and process details. C(d) = Conditional use discretionary. See Articles 2, 9 and 10 for definition, criteria and process details. X = Prohibited use. * = Exceptions and limitations may apply as noted in the Program. See specific section for details. Environment designations Waterward of OHWM Landward 9 ONW1Vl Priority Aquatic Natural , Shoreline Aquatic 9 Residential Aquaculture: in -water Finfish (including Net X C..Udd X* C d ) X X C(d) Pens Upland Finfish X C d I X C dot X C d Article 8.1 Agriculture A. Policies — Add new policy: 8. The County recognizes the importance of local food production, both on land and in water areas. when properly managed to control pollution and prevent environmental damage. As consistent with the Jefferson County Cam rehensive Plan RCW 36.70A.030 and RCW 90.58.065 upland finfish aquaculture is considered agricultural Rroduction. However for 2urposes of this Program, upland finfish a uaculture should instead be managed as acivaculture and a 'uaculture activities as defined in Article 2. B. Shoreline Environment Regulations —Add and delete text to read: 1. Priority Aquatic: New agricultural activities, except aguaculture, are prohibited. PaffniRg 2. Aquatic: New agricultural activities, except aquaculture, are prohibited. 3. Natural: New agricultural activities, except aquaculture, are prohibited, except that low intensity... REVISED 7- 19- 2013 Page 4 of 25 Final Response to Ecology: Finfish Aquoculture C. Regulations — Add new regulation: 3. Upland finfish acluaculture use and development shall be subject to the Aquaculture Policies and regulationsAArticle 8 section 2) of this Program. Article 8.2 Aquaculture A. Policies 1. Aquacu|ture is a preferred, water-dependent use of regional and statewide interest that is important to the long-term economic viability, cultural heritage and environmental health of Jefferson County. 2. The County should support aquacu|ture uses and developments that: i. Protect and improve water quality; and ii Minimize damage to important nearshore habitats; and iii. Minimize interference with navigation and normal public use of surface waters; and |v. Minimize the potential for cumulative adverse impacts, such as those resulting from in-water structures/apparatus/equipment, land-based facilities, and substrate disturbance/modification (including rate, frequency, and spatial extent). 3. When properly managed, aquaculture can result in long-term ecological and economic benefits. The County should engage in coordinated planning to identify potential aquaculture areas and assess long- term needsforaquacu(ture.Tbisinc|udesworkingwiththeDepartonentofFishandVVi|d|ife(0FVV),tMe Department ofNatural Resources (0NR), area tribes and shellfish interests to identify areas that are suitable for aquaculture and protect them from uses that would threaten aquaculture's long-term oustainabi<ity. 4. Aquacu|turp use and development should locate in areas where biophysical conditions, such as tidal currents, water temperature and depth, will rnim[nnize adverse environmental impacts. Individual aquacu[ture uses and developments should be separated bya sufficient distance to ensure that significant adverse cumulative effects do not occur. S. The County should support tideland aquacuhureuse and development when consistent with this Program and protect tidelands and bedlands that were acquired and retained under the Bush and Callow Acts by not permitting nmn-aquacu|tune use and development on these tidelands. 6, intensive residential uses, other industhal and commercial uses' and uses that are unrelated to aquaculture should be located so as not to create conflicts with aquaculture operations. 7. The County should promote cooperative arrangements between aquaculture growers and public recreation agencies so that public use of public shorelines does not conflict with aquaculture operations. nsvvsaI»7-z9-2oz3 Page 5nf25 Final Response to Ecology: Finfish Aquaculture Experimental forms ofaquacuhureinvolving the use of new species, new growing methods ornew harvesting techniques should be allowed when they are consistent with applicable state and federal regulations and this Program. The County should support community restoration projects associated with aquaculture when they are consistent with this Program. 10. Commercial and recreational shellfish areas including Shellfish Habitat Conservation Areas are critical habitats. Shellfish aquaculture activities within all public and private tidelands and bedlands are allowed uses. Such activities include but are not limited to bed marking, preparation, planting, cultivation, and harvest. [Note: See Required Change #121 11. Chemicals and fertilizers used in aquaculture operations should be used in accordance with state and federal laws, and this Program, 12. The Countv recognizes upland finfish aguaculture is considered a type of agricultural-p—roduction by the Jefferson Counly Comprehensive Plan, RCW 36.70A.030, and RCW 90,58.065. However, for purposes -of this Program, upland finfish aguaculture should instead be manned as aquaculture and aouaculture activities, as defined in Article 2. 13. Hnfish aquacubure that uses orreleases herbicides, pesticides, antibiotics, fertilizers, pharmaceuticals, non-indigenous species, parasites, viruses, genetically modified organisms, e+feed, known to be harmful or other materials into surrounding waters should not beallowed �--' surrounding habitat and conflicts with adiacent uses are effectively mitigated. 14. The County should prefer all finfish aguaculture use and, development fin-water and upland) that operates with fully-contained systems that treat effluent before dischaMe to local waters o�ter open systems. 15. The County should allow in-water finfish aquaculture in the open waters of the Strait of Juan de Fuca only when the area seaward of the ordinary high water mark �QHWM) which is subject to the County"s iurisdiction extends a considerable distance, and when consistent with other Provisions of this Program. 16. The Counly should prohibit in-water finfish aquaculture in waters of Jefferson County where there are habitat Protection designations Laplace a r wate�_quality issues documented. B. Uses and Activities Prohibited Outright l. in-water finfish aquaculture useldevelol2ment, including net Pens as defined in Article 2, shall be l2rohibited in the following,,areas- due to established habitat protection designations and/or water.cluaJity a. Protection Island Aquatic Reserve or within fifteen hundred feet (1,500") of the bounda[L b, Smith and Minor Islands Aquatic Reserve or within fifteen hundred feet (1.,500') -of-the bound�rL c Discovery Bay, south of the boundary of the Protection Island Aquatic Reserve; d. South Port Townsend Bay Mooring Buoy Management Plan Area; and REVISED 7-29,2023 Page 6qf25 Final Response to Ecology: Finfish Aquaculture e. Hood Canal, south of the line extending from Tala Point to Foulweather Bluff, including--Dabob and Tarboo Bays. C. Shoreline Environment Regulations 1. Priority Aquatic: Aquaculture activities may be allowed subject to the use and development regulations of the adjacent upland shoreline environment, except all finfish aquaculture Jin-water and upland) is Aquatic: Aquaculture activities may be allowed subject to the use and development regulations of the adjacent upland shoreline environment. 3, Natural: Aquaculture activities, except for geoduck aquaculture, may be allowed subject to policies and regulations of this Program. Geoduck aquaculture may be allowed with a conditional use permit (C(d)). All finfish aquaculture is prohibited, except in-water finfish aguaculture may be allowed with a conditional use permit (C(d)) where the area within the County's iurisdiction extends seaward more than eight (8) miles from the OHWM, as measured perpendicularly from shore. This does not reguire facilities to locate eight (8) miles offshorel see other 2rovisions of this section for siting requirements and supplemental maps for additional information. 4. Conservancy: Aquacubure activities, except for geoduck aquocukune, may be allowed subject to policies and regulations of this Program. Geuduck and uRland finfish aquaculture may be allowed with aconditional use permit (C(d)). S. Shoreline Residential: Aquacubunaactivities, except for geoduckaquacu|1ure, may be allowed subject to policies and regulations of this Program. Geoduck aquaculture may be allowed with a conditional use perrnit(C(d)). All finfish aquaculture (in-water and upland) is prohibited. 6. High Intensity* Aquaculture activities may be allowed subject to policies and regulations of this Program, except *P4-w4 all finfish aquaculture (in-water and upland) may be allowed with a conditional use permit O.Aeguladons —Genmma| 1. When a shoreline permit is issued for a new aquocu|ture use nrdevelopment, that permit shall apply tothe initial siting, construction, and/or planting or stocking of the facility or farm. If the initial approval is a shoreline substantial development permit, it shall be valid for a period of five (5) years with a possible one- year extension. |f the initial approval isaconditional use permit, it shall be valid for the period specified in the permit. 2. Ongoing maintenance, harvest, replanting, restocking ofor changing the species cultivated inany existing or permitted aquacultureoperation shall not require anew permit, unless or until. [Note: See Proposed Clarification #21] i. The physical extent of the facility or farm is expanded by more than twenty-five percent (25%) or more than twenty-five percent (25%) of the facility/farm changes operational/cultivation methods compared to the conditions that existed as of the effective date of this Program or any amendment thereto. If the REVISED 7-19-2013 Page 7oƒzf amount of expansion or change in cultivation method exceeds twenty -five percent (25%) in any ten (10) year period, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section; or ii. The facility proposes to cultivate species not previously cultivated in the state of Washington. 3. Aquaculture uses and activities involving hatching, seeding, planting, cultivating, raising and /or harvesting of planted or naturally occurring shellfish shall not be considered development, as defined in Article 2, and shall not require a shoreline substantial development permit, unless: I . The activity substantially interferes with normal public use of surface waters; or ii. The activity involves placement of any structures as defined in Article 2; or iii. The activity involves dredging using mechanical equipment such as clamshell, dipper, or scraper; or iv. The activity involves filling of tidelands or bedlands. 4. The County shall assess the potential for interference described in 8.2.0.3 on a case -by -case basis. All proposed new aquaculture uses or developments shall submit a Joint Aquatic Permit Application (DARPA) and SEPA checklist to enable assessment by the county. Activities shall not be considered to substantially interfere with normal public use of surface waters, unless: i. They occur in, adjacent to or in the immediate vicinity of pwblie wateFSiAG=lWdiR1g public tidelands; and (Mote: See Required Change #181 ii. They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a regular basis and in a manner that substantially obstructs public access, or passage from public facilities such as parks or boat ramps; or they exclude the public from more than one acre of surface water on an ongoing or permanent basis. S. Aquaculture activities not listed in 8.2.DC.3 and listed activities that fail to meet any of the criteria in 8.2.G.4 A.2 shall require a shoreline substantial development permit SDP or conditional use permit CUP and shall be subject to all of the following regulations: [Mote: See Recommended Change #131 i. Subtidal, intertidal, floating, and upland structures and apparatus associated with aquaculture use shall be located, designed and maintained to avoid adverse effects on ecological functions and processes. ii. The County shall consider the location of proposed aquaculture facilities /farms to prevent adverse cumulative effects on ecological functions and processes and adjoining land uses. The County shall determine what constitutes acceptable placement and concentration of commercial aquaculture in consultation with state and federal agencies and Tribes based on the specific characteristics of the waterbody, reach, drift cell, and uplands in the vicinity of the farm /facility. iii. Upland structures accessory to aquaculture use that do not require a waterside location or have a functional relationship to the water shall be located landward of shoreline buffers required by the Program. iv. Overwater work shelters and sleeping quarters accessory to aquaculture use /development shall be prohibited. REVISED 7 -19 -2013 Page 8 of 25 Final Response to Ecology: Finfish Aquaculture x Floating/hanging aquaculture structures and associated equipment shall not exceed six (G�_Iftnjioj feet in height above the water's surface. The Administrator may approve hoists and similar structures greater than feet in height when there isa clear demonstration ofneed. The foot height limit shall not apply tovessels. vi. Floating/hanging aquaculture facilities and associated equipment, except navigation aids, shall use colors and materials that blend into the surrounding environment in order to minimize visual impacts. vii. Aquaculture use and development shall not materially interfere with navigation, or access to adjacent waterfront properties, public recreation areas, ortribal harvest areas. Mitigation shall be provided to offset such impacts where there is high probability that adverse impact would occur. This provision shall not be interpreted to mean that an operator is required to provide access across owned or leased tidelands a, low tide for adjacent upland owners. v/ii4quacu{ture uses and developments, shall be located at least six hundred (600) feet from any National Wildlife Refuge, seal and sea lion hau|outs, seabird nesting colonies, or other areas identified as critical feeding or migration areas for birds and mammals. in- water The County may approve lesser distances based upon written documentation that US Fish and Wildlife Service (USFWS), Washington Department of Fish and Wildlife (VVDFVV) and affected tribes support the proposed location. ix. Aquaculture use and development shall be sited so that shading and other adverse impacts to existing red/brown macro algae (kelp), and ee/graso beds are avoided. x. Aquaculture uses and developments that require attaching structures to the bed or bottomiands shall use anchors, such as helical anchors, that minimize disturbance to substrate. xi. Where aquacuiture use and development are authorized to use public facilities, such as boat launches or docks, the County shall reserve the right to require the applicant/proponent to pay a portion of the maintenance costs and any required improvements commensurate with the applicant's/proponent's use. xii. Aquacu|ture use and development shall employ non-}etha|, non-harmful measures tocontrol birds and mammals. Control methods shall comply with existing federal and state regulations. xiii. Aquacu|ture use and development shall avoid use of chemicals, fertilizers and genetically modified organisms except when allowed by state and federal law. xiv. Non-navigational directional lighting associated with aquaculture use and development shall be used wherever possible and area lighting should shall be avoided and minimized to the extent necessary to conduct safe operations. Non-navigational lighting shall not adversely affect vessel traffic. xv. Aquaculture waste materials and by-products shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste,disi2osal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (RCW 90.48L REVISED 7-19-2013 Page 9mfJS Final Response to Ecology. Finfish Aquaculture 6. Prior to approving a permit for floating/hanging aquacu|tune use and development or bottom culture involving structures, the County may require a visual analysis prepared by the applicant/proponent describing effects on nearby uses and aesthetic qualities of the shoreline, The analysis shall demonstrate that adverse impacts on the character of those areas are effectively mitigated. E. Regulations — Finfish 1. The culture of finfish, including net pens as defined in Article 2, may be allowed with a discretionary conditional use a-pprovaH-CM) subi—ect to the Policies and regulations of this Program. All finfish aquaculture (in-water and upland) shall meet, at a minimum, state goproved administrative guideline for the management of net pen cultures. In the event there is a conflict in requirements, the more restrictive requirement shall prevail, 2. a. Provide the County, at the applicantlogerator's expense, a sitg� characterization survey, baseline surveys, and annual monitoring as,described in the 1986 Interim Guidelines, or subsequent documents approved by the State. The molicant/operator shall-also orovide the County with copies of all survev and monitoring reports submitted to WA_ Departments of Ecology, Fish & Wildlife, and Natural b. Submit an operations glan thatin,cludes 2rojections for: i Improvements at the site (e.g. pens, booms, etc.) and their relationshij2 to the natural features (e.g. bathymet[y, shorelines H. Number, size and, conf!guration of Ji Schedule of development and yu Species cultured; x Fish size at harvest; vi. Annual production; vii. Pounds of fish on hand throushoutthe 2M viii Average and maximum stocking density — Source of eggs, iuveniles brloodstock; x. Type of feed used; xi. Feeding method; wii Chemical use (e.g. anfifouling, antibiotics, etc.), and xUi Predator control measures. c. Provide County with documentation of adequate proRerty damage and personal injury commercial .insurance coverage as required by Washington Department of Natural Resources and other agencies. d. Where the County does not have expertise to ana,lyze the merits of a report provided by an applicant, the applicant may be required to pay for ttiLd-party peer review of said report. RsmSsor-zy'2oz3 Final Response to Ecology: FinƒishA9uoo/lture Poge 10 of 25 3. Bottom Sediments & Benthos a. The depth of water below the bottom of any in-water finfish aguaculture facility shall meet the minimum required by the 1986 Interim Guidelines (i.e. 20 — 60 feet at MLLW), as based on facility production capacity (Class 1, 11 or 111) and the mean current velocity at the site measured as noted in the Guidelines or by more current data/methodo[2,gy . b. in-water finfish aquaculture goerations shall be orohibited where mean current velocity is less than 0.1 knots (5 cm/sec). c. The pen configuration (e.g parallel rows compact blocks of square enclosures, or clusters of various sized round enclosures.. . whether oriented in line with or iDerpendicular to theprevalling, current direction of any in-water finfish a-guaculture facility shall be designed and maintained to minimize the depth and lateral extent of solids accumulation. d. The use of unpelletized wet feed shall be Prohibited to minimize undigested feed reaching the benthos or attracting scavengers in the water column. e. Anchoring or moorinjz system-s shall utilize adeguately-sized helical devices or other methods to minimize disturbance to the benthos. 4. Water Quality a. All in-water finfish aquaculture facilities shall be designed, located and operated to avoid adverse impacts to water temperature, dissolved ox en and nutrient levels, and other water qualitv Parameters. Facilities must comply with National Pollutant Dischar ge Elimination Standards (NPDES) requirements. b. All in-water finfish aquaculture facilities shall monitor water quality and net cleaning activities to comply with State reguirements (including-WAC 173-201A-210), especially during-periods of naturally high water turbidity. Additional net cleaning activities shall be performed, as needed, to ensure State water quality standards are met. 5. Rhyioplankton a. In -water finfish aguaculturefacirit ,v production capacity shall be limited in nutrient sensitive areas to protect water quality and shall, not exceed 1,000,000 Pounds annual production per sQuare nautical mile. The following shall apply for specific geographic areas. i. In the main basin of Puget Sound (area south of the sill at- Admiralty .-Inlet extending to the line between Tala Point and Foulweather Bluff , including Port Townsend BAY,, Kilisut Harbor, and Oak Bay, and extending to the County's boundary midway to Whidbey IsIa,nd) , annual production shall be limited by the site characteristics in compliance with this Program. Applicants shall demonstrate through field and modeling studies that the proposed fish farms will not adversely affect existing biota. REVISED 7-19-2013 Page 11 of 25 Final Response to Ecology: Finfish Aquaculture 6. Chemicals a. Only FDA-approved chemicals shall be allowed on a-case-by-case basis for anti -fouling , predator control and other purposes. The use oftributyltin (TBT) is prohibited and all chemical use shall be reported to the State as required. b. When necessary, vaccination is referred over the use of antibiotics. Only FDA approved antibiotics shall be used and such use shall be reported to the State as reguired. Operator shall take all necessary precautions to ensure that nearby sediments and shellfish do not accumulate significant amounts of antibiotics. 7. Food fish & Shellfish All in-water finfish aquaculture facilities shall be located to avoid adverse impacts to habitats of special significance as defined in Article 2) and Populations of food fish and shellfish as follows, as determined on a case-by-case basis: i. When adiacent to any wildfife, refuge, sanctuary, aquatic reserve or similar area intended to protect threatened or endangered species, locate a minimum of 300 feet in all directions from such protected areas; ii. When water depth is less than 75 feet, locate at least 300 feet down-current and 150 feet in all other directions from significant habitats; iii. When water depth is greater than 75 feet, locate at least 150 feet from significant habitat. b. The County shall designate grotective buffer zones around habitats of s2ecial significance in accordance with marine area spatial planning efforts led by the State, when such guidance and method ol&ies.a are available. 8. Importation of New Fish Species a. All in-water finfish aguaculture facilities shall corn pjy.with existing State and federal regulations to ensure importation of new and/or non-native species does not adversely affect existing and/or native Ispecies. 9. Genetic Issues a. In compliance with State and federal requirements., in-water finfish aquaculture facilities that propose to culture species native to local waters should use stocks with the greatest genetic similarity to local stocks. b. When there is increased risk of interbreeding or establishment of naturalized populations of the cultured s2ecies that would in conflict with native stocks, only sterile or mono-sexual fish shall be allowed. REVISE© 7-19-2013 Page 12 of 25 Final Response to Ecology: Finfish Aquoculture All in-water finfish aquaculture facilities shall locate a minimum- distance from river mouths where wild fish could be most vulnerable to genetic degradation -by-case basis or by as determined on a case State guidance. 10. Escapement and Disease a. All in-water finfish aguaculture facilities shall comply with State and federal reguirements to control pestspa ra sites, diseases, viruses and pathogens and to prevent escapement including, but not limited to those for certified eggs, approved import/transport and live fish transfer protocols, escapement preve,ntion, reporting and recapture plans, and disease inspection and control jaer RCW 77-15.290, RCW 77.115AWAC 220-76 and WAC 220-77 and other requirements as appropriate. b. The use of regional broodstock is preferred, c. As consistent with the above mentioned Washington statues and administrative rules, and other applicable authorities, all in-water finfish acivaculture.facility operators shall provide the County with a Disease Response Plan to detail specific actions and timelines to follow when an outbreak is detected. The plan shall address transport permit denial, quarantine, confiscation, removal, and other possible scenarios, identify what agencies will be notified or involved, what alternate facilities may be used a public information/outreach strategy and other appropriate information. 11. Marine Mammals & Birds a. All in-water finfish aguaculture facilities shall locate a minimum of 1,500 feet from habitats of special significance for marine mammals and seabirds. b. Only non-lethal technic Lges je.g.anti- redatar netting) shall be allowed to-prevent predation by birds andlor mammals on the cultured stocks. 12. Visual Quality a. All in-water finfish aquaculture, facilities shall conduct a Visual Impact Assessment to evaluate and document the following siting and design variables in order to minimize visual impacts to adjacent and surrounding uses: i. Locate offshore from low bank shorelines rather than high bluff areas where angle of viewing becomes more perpendicular to the plane of water making the facility more visually evident; ii. Locate offshore a minimum of 1,500 feet from ordinary high water mark, or a minimum of 2,000 feet when higher density residential development /"Rural Residential 1:5, Urban Growth Area, Master Planned Resort, and pre-existing platted subdivisions with density equivalent/greater tc REVISED 7-19-2013 Page 13 of 25 Final Response to Ecology: Finfish Aquaculture suchl is present along the adiacent u21—and, The County may require a greater distance as determined by a visual impact assessment. iii. Facilities shall be designed to maximize a horizontal- Profile to repeat the j2lane of the water surface rather than proiect vertically above the water surface. Vertical height shall be the minimum feasible, not to exceed 10 feet from the surface of the water. iv. Facilities shall be designed so that the overall size and surface area coverage does not exceed 10% of the normal cone of vision .., dependent on the foreshortening created by the offshore distance and the average observation height. v. Facilities shall be designed to borrow from the form of structures and materials already in the environment, (e.g. pilings, docks, marinas) and to blend with the predominate color schemes-present (i.e. , blue � green, gray. neutral earth tones). The colors of white and black shall be minimized as they have highly variable appearance in response to lighting conditions Bri ght col ors such as red, yellow, and orange shall be avoided, unless required for safety pur2oses. The use of a variety of materials or colors shall be limited and ordered. vi. Facilities proposed to locate in the vicinity of existinp, in-water finfish aquaculture facilities shall evaluate the aggregate impacts and cumulative effects of multiple operations in the same area. vii. Facilities shall be designed and located so that the surface area of individual operations does not exceed 2 acres of surface coverage and no more than one operation per square nautical mile viii. Land based access for parking, staging, launching, and storage associated with any in-water finfish aquaculture facilities shall be evaluated for visual impacts and conflicts- with adiacent upland uses. 13. Navigation, Military Operations and Commercial Fishing a. When appropriate, in-water finfish a-guaculture facilities shall be located close to shore and near existing navigational impediments (i.e. marinas, docks). b. All in-water finfish a_quaculture facilities shall be designed, located and operated to avoid conflict with Military operations. c. The County shall notify, as appropriate, marinas, 2orts, recreational and commercial boatinglfishing o[ganizations, and local tribes about comment opRortunities during the permit review iorocess, especially re: proposed location of fish farm and related navigational aids. 14. Human Health a. All in -water finfish aquaculture facilities shall be designed, located and operated to: i. Ensure adequate water quality compatible with good husbandry practices; ii. Report any known bacteriological characteristics of fish food used, iii. Ensure proper storage of fish food to avoid alteration or degradation of feed quality iv. Regularly monitor and report presence _pf.parasites in farmed fish. REVISED 7-19-2013 Page 14 of 25 Final Response to Ecology: Finfish Aquoculture Comoly with fe,deral, state and local food safety requirements including, but not limited to,-sourcp identification and country of origin labeling, and Hazard Analysis & Critical Control Points Plan. 15. Recreation a. All in-water finfish aquaculture facilities shall ensure compliance with State and federal requirements, Mecially when location is Proposed near underwater Rark facilities. b. All in-water finfish aquaculture facilities shall be located a minimum of 1,00o feet from anv recreational shellfish beach, Pub.lic tidelands, Public access facilities (e.jz. docks or boat ramps)--or othe areas of extensive or established recreationaluse. c. in-water finfish aquaculture oper tors s�afl inform the Notice to Mariners and other appropriate entities for nautical chart revisions and notify other sources that inform recreational uses (e.g. boaters, divers, shedfish harvesters). 16. Noise a. All in-water finfish aquaculture facilities shall be designed, - located and operated to: i Ensure compliance with state and federal noise level limits: ii Rectuire mufflers and enclosures on all motorized fish farm eguipment; i|i When appropriate, prefer electric motors over internal combustion engines. The County may require an acoustical study, conducted at the applicant/operator's expense, to ensur-e any audible.-impacts are identified and adequately addressed. 17. Odor a. All in-waterfinfishaguaculture facilities shail be des.igned, located and operated to: i Ensure compliance with state limits regarding nuisances and waste disposal; ii Foliow best management 12ractiggs including, but not limited to: 1. Daily removal and disposal of dead-fish and other waste; 2. Regular cleaning of nets and aa2aratus; 3. Storage of food in closed containers: 4. Walkway design and use allows spilled food to fall into the water. iii. Maximize the distance between the facility and nearby residential use development, downwind location preferred, to minimize impacts resulting from foul odors. 18. Lighting and Glare a. facilities shall comply with USCG reguirements for operational and naylgational ijghting. The height of the Ught source above the water surface shall be the minimum necessaDLnot to exceed 80 inches, unless otherwise specified bv State or federal reQuirements. b. Facilities shall be designed so that any glare or shadows caused by the solar orientation are minimized. REVISED 7-19-2013 Page J5oƒJ5 Final Response to Ecology: Finfish Aquoculture c Facilities shall utilize materials that minimize glare caused by sunlight or artificia"ghting. 19. Upland Shoreline Use a. All in-waterfinfish ac uaculture facilities shall be designed, located and operated to minimize incompatible uses and degradation of upland area. 20. Local Services a. All in-waterfinfish aquaculture facilities shall be designed, located and operated to: i Provide estimates of high-, average, and- low volumes of waste to be produced,-includinp, catastrophic events; ii. Provide a waste manggement2lanto include the method and frequency of collection, storage and iii. Ensure compliance with local, state, federal waste disposal requirements. b. Equipment, structures and materials shall not be discarded in the water and shall not be abandoned in the upland. F. Regulations —Application Requirements 6-1, Prior to issuing a permit for any proposed use or development, the County may require copies of permit applications and/or studies required by state and federal agencies to ensure provisions of this Program are met, including, but not limited to, the following information: i Anticipated harvest cycles and potential plans for future expansion or change in species grown or harvest practices ii. Number, types and dimensions ofstructures, apparatus orequipment. iii. Predator control methods. iv. Anticipated levels of noise, light, and odor and plans for minimizing their impacts. v. Potential impacts to animals, plants, and water quality due to the discharge of waste water from any upland development. vi. Proof of application for an aquatic lands lease from the Washington State Department of Natural Resources (DNR) or proof of lease or ownership if bed lands are privately held. vii. Department of Health (DUH) Shellfish Certification Number. viii. Department ofFish and Wildlife (OFVV) commercial aquatic farm or non-commercial, personal consumption designation. ix. Proof of application for any permits required by the US. Army Corps of Engineers, Department of Health, or other agency x. Proof of application for any state and federal permitsZapprovals including any required federal consultation under Section 7 of the Endangered Species Act (16 U.S.C, § 1531 et seg., ESA). REVISED 7-19-2013 Page I6of25 Final Response to Ecology: Finfish Aquaculture Prior to approving a permit for floating/hanging aquacultune use and development or bottom culture involving structures, the County may require visual analysis prepared by the applicant/proponent describing effects on nearby uses and aesthetic qualities of the shoreline. The analysis shall demonstrate that adverse impacts on the character of those areas are effectively Jefferson County Rationale: Finfish aquaculture includes both in-water and upland facilities, Jefferson Counly proposes to allow new finfish aquaculture useZdevelopment with a discretionary conditional use germit, with some differentiation between the regulation-of upland and in-water facilities. Review of proposals for conditional discretionary uses are subiect to s2ecific criteria and performance standards, gublic,notice, written public comment, and at the discretion of the Shoreline Administrator, an optional Dublic hearing procedure determined by the pro ject"s _potential impacts, size or complexi�y in compliance with the Jefferson County Code, Chapter 18.401, Section 520 OCC 18.40.520). This Type III guasi-[uq:tcial permit review process also includes review-,by Washington Department of Ecology as the state's legislative authority for shoreline management, and final decision by a Hearing Examiner. Upland finfish aquaculture useZdevelopment would be allowed with a discretionary conditional use l2ermi limited to the Aquatic, Conservancy and High Intensity shoreline designations. The limitation to Conservancy and High Intensity designations is approgriate given such industrial use of natural resources is not compatible in Natural designated areas with significant!y intact shoreline functions and processes or in Shoreline Residential designated areas with higher densities of single family residential use/development (Rural Residential 1:5, Urban Growth Area, Master Planned Resort, and/or pre-existing platted subdivisions with density equivalent/preater to such) where the risk of conflict between incompatible uses isgreatest. This limited allowance recojznizes that an u2land operation may reguire water intake and discharge components located waterward of the ordinary high water mark (OHWM) and allows such in the Aguatic shoreline designations only. in-water finfish aguaculture use/development, including net 2ens and floating contained systems, is also proposed to be allowed with a discretionary conditional usUermit. The use would be limited to the Aguatic shoreline designation and allowed only 1) when adjacent to High intensity shoreline designation, or 2) when adiacent to a shoreline desipnated as Natural Provided more than eight (8) miles of County iurisdiction extends seaward from the shore, such as in the Strait of Juan de Fuca. Other areas where the Natural des!gnation is proposed are constrained by limited in-water area adjacent to the Aquatic designation making then unsuitable for such intensive industrial in-water-operations. The limitation to High Intensity and one REVISED 7-19-2013 Page 17 of 25 Final Response to Ecology: Finfish Aquaculture Natural designated areas is consistent with the Aquaculture Siting Study (EDAWJEcology; 1986) site selection guidance to "Avoid sites offshore of existing suburban residential development" Several geographic limitations would also apply to ensure protection of sensitive habitat areas and areas with degraded water quality. In-water finfish aguaculture would be prohibited in the followin_g areas: • Protection island Aquatic Reserve; Smith & Minor Islands Aguatic Reserve; Discovery y, South Port Townsend Bay; and • Hood Canal, south of the line extending from Tala Point to Foulweather Bluff, including Kabob and Tarboo Bays. Further, all proposals for new in-water finfish aquaculture use/development would need to meet the detailed performance standards for siting and operations, including but not limited to topics such as: • Site surveys and Monitoring; • Facility Operations Plan; Insurance Coverage; • Bottom Sediments and Benthq$: • Water Quality; • Phytoplankton, • Chemicals-, • food fish and Shellfish; • Importation of New Fish Species; • Genetic Issues- Escapement and Disease; Visual guality; • Navigation, Military Operations and Commercial Fishing, Human Health; • Recreation; • Noise; Odor: • Lighting and Glare, • Upland Shoreline Use; and • Local Services. The County recognizes a complete prohibition of a water - dependent, preferred shoreline use may make the County vulnerable to a legal challenge. Instead the County proposes to allow the use only in appropriate areas in order to ensure no net loss of shoreline resources and to minimize use conflicts that result from incompatible activities in close proximity. This approach will provide appropriate shoreline locations where this intensive industrial agricultural use can occur while 1) ensuring adequate protection of nearshore habitat such as marine riparian and submerged aquatic vegetation, benthic communities, and migration corridors for endangered salmonids, and 2) minimizing the potential for use conflicts anticipated along most Natural, Conservancy, and Shoreline Residential designated shorelines. The specific performance standards made part of this SMP are consistent with state guidance on finfish aquaculture use/development with respect to siting, use conflicts, and environmental impacts. Rationale for some specific provisions of particular interest to Ecology follows: REVISED 7-19-2013 Page 18 of 25 Final Response to Ecology: Finish Aquaculture Article 8.1 Agriculture — As a courtesy to the reader 2rovisions cfari that while upland finfish aquaculture is recognized as a type of agricultural use Zdevelopmeat it is to be managed by the snores ecific aguac Iture policies and regulations of the Program. This is based on: The term 'upland finfish' being included in definitions fora products' and 'agricultural eguipment1facilities' in the Shoreline Management Act (SMA) at RCW 90.58.065(2)(b) and (c) and the Shoreline Master Pro rain JSMP ) Guidelines at WAC 173-26-020(3)(b) and c); • SMP Guidelines WAC 173-26-191(1)(e) requirement for consistency with State Growth MaRMement Act (GMA) comprehensive planning; • GMA definition fora lands' includes `finfish in gpla,nd hatcheries'; • The Jefferson County Comprehensive Plan, Natural Resource Conservation Element (Chapter 4) includes Aquaculture Lands and resources, specifically shellfish and upland finfish aguaculture. Net pens are specifically identified as 'not resource lands' to be regulated under the SMP. • The overarching principle of regulatory law that if two sets of regulations - mi ght be ap2ficable to a particular use or activity, then the more sl2ecifc ones should be applied. Limited Allowance in Natural Designation - The provisions allow in-water finfish aguaculture use/development to locate adiacent to Natural designated areas only when the County's jurisdiction extends $ a considerable distance' j'eight (8) miles' from shore, as subject to the other applicable provisions. Generally, Natural designated areas are not suitable for in-water finfish aQuaculture because they contain the most intact and sensitive shoreline resources, however the County is aware that the Strait of Juan de Fuca is an area of interest to the industry and Ecology. In order to 1) 2rotect all other Natural designated areas located elsewhere in the County where offshore distances of iurisdiction are constrained, 2) be responsive to the industry and Ecology, and 3) minimize the risk of legal challenge, the County has included this allowance ( subject to other applicable provisions). Doing so opens u2 a 42.9 square mile area in the Strait of Juan de Fuca for possible siting, this is in addition to the other possible siting areas: Glen Cove (0.5 square miles), Mats Mats Bay (1.2 square miles - outside the bay only), and Port Ludlow Bay (0.04 sQuare miles). The Program clarifies that facilities are not required to locate eight (8) miles offshore but that other provisions establish siting requirements (typically 1,500 to 2,000 feet offshore). Further a set of supplemental maps are included with this document to show the approximate areas where in-water finfish aguaculture useldevelopment might be proposed to locate based on shoreline environment designations �SEDs). Siting Distance Requirements — Several provisions address siting distance based on specific state guidance documents, including: • Article 8.2.B(1 )(a) and (b) grohibits in-water finfish aguaculture facilities within 1,500" of the Protection Island Aquatic Reserve and Smith and Minor Island Aquatic Reserve (Source: 1986 interim Guidelines and 1990 Final Programmatic EISL REVISED 7-19-2013 Page 19 of 25 Final Response to Ecology.- Finfish Aquaculture Article 8.2.D.5(viii) requires in-water finfish aquaculture useldevelooment to locate at least 1,500' from any National Wildlife Refupm, seal and sea lion hau1Outs seabird .-!2esting colonies, or other areas identified as critical feeding or migration areas for birds and mammals. County may allow a lesser distance with a2proval from federal state agencies (Source: 1986 Interim Guidelines and 1990 Final Programmatic EIS); Article 8.2.E.7(a) requires in-water finfish aquaculture facilities to locate (i) at least 300' In all directions from any wildlife refuge, sanctuary, aquatic reserve or similar are intended to protect threatened or endangered species in order to avoid adverse impacts to habitats of special significance and Populations of food fish and shellfish; (H) in shallow water less than 75' deep at least 300 feet down- ,current and 150 feet in all other directions from significant habitats; and NO in water deeper than 75' at least 150 feet from significant habitat (Source: 1986 Interim Guidelines and 1990 Final Programmatic LL Article 8.2.E.11(a) requires in-water finfish aquaculture facilities to locate a minimum of 1,500' from habitats of special significance for marine mammals and seabirds (Source: 1986 Interim Guidelines and 1990 Final Programmatic EIS); • Article 8.2.E.12(a)(fl ) requires in-water finfish aquaculture facilities to locate a minimum of 2 50 feet from ordinary high water mark, or a minimum of 2,000 feet when higher density residential development is present along the adiacent upland, The County may reguire a greater distance as determined by a visual impact assessment (Source: 1986 Aguaculture Siting Study and 1990 Final Pr2grammatic. EISJ; 'Article 8.2.E.15(b) requires in-water finfish aquaculture facilities to locate a minimum of 1,000 feet from any recreational shellfish beach, public tidelands, public access facilities (e.g. docks or boat ramps) or other areas of extensive or established recreational use 1988 Use Conflicts Study and 1990 Final Programmatic EIS). Habitat of Special Significance vs. Critical Habitat — Two definitions are provided in Article 2 for terms that are similar: C.26 Critical Habitat and H.2 Habitat of Special Significance. While based on difference sources, the terms are intended to be interchangeable in practice. The definition for 'habitat of special significance' comes from the Recommended Interim Guidelines for the Monagement of Salmon, Net Pen Culture in Puget Sound (SAIL /Ecology; 1986), specifically from Table I on page 4 and Table 3 on page 18 of the document. The definition for 'critical habitat' reflects 1) the more recent GMA reguirements for ,pLptectjon of environmentaily sensitive "critical areas" such as 'fish & wildlife habitat conservation- areas, 21-the 1973 federal Endangered Species Act critical habitat for listed species, and 3) the Washington Departmgnt of Fish & Wildlife's WAC- listed species and Priority Habitats and Species program. As the County has relied on the 1986 Interim Guidelines document and the subsequent Final Programmatic Environmental Impact Statement ffilS) for Fish Culture in Floating Net Pens (ParametrixZWA Dept. Fisheries; 1990) there is hesitation to insert the term from the more current GMA/ ESA /PHS sources into provisions that come out of the older Interim Guidelines and EIS. REVISED 7-19-2013 Page 20 of 25 Final Response to Ecology: Finfish Aquoculture In terms of implementing the provisions of the SMP that use these terms, the County does not anticipate the applicability will be compromised. When a provision uses one term and there is uncertainty regarding how it applies to a specific applicaLion&roj2osal, the definition for the term used would be relied upon, and if that did not clarify, then the definition for the second or alternate/interchangeable term would be relied--upon. If in the situation where neither definition adequately clarifies, the County would consult with professionals from appropriate natural resource agencies (i.e. WDFW, WDNR, USFWS, etc.). Note that when the term `habitat of special significance' is used in provisions E.7 and E.11 the term is further narrowed by including additional text "of food fish and shellfish" or "for marine mammals and seabirds" so the provision applies to a subset of the term 'habitat of special significance' not broadly to every interpretation thereof. Prohibition in Shoreline Residential Designation vs. WAC Guidelines — Simply put, the County's reasoning for this Prohibition is that 1) state guidance documents about siting finfish aquaculture, recommend avoiding dense residential areas 2) public sentiment reflected in the Comprehensive Plan does not regard net pens as a natural resource industry meriting protection as locally significant for long-term commercial /recreational values. The SMP Guidelines at WAC 173-26-211(5)(f) regarding the Shoreline Residential environment designation suggest water-oriented commercial use/development such as finfish aquaculture should be limited in areas _ intended to accommodate residential development, appurtenant structures " „,Public access and recreational uses. The County considered this guidance in deliberating the issue of visual/aesthetic impacts along with technical information from documents including the Aquaculture Siting Study (EQAVLZEcology; 1986) and Use Conflicts and Floctinq Aquaculture in Puget Sound (Boyce /Ecology; 1988). The County also considered the strong public sentiment that many shoreline homeowners, especially those on parcels zoned Rural Residential with one unit per S- acres -(RR 1:5,), do not want any finfish aquaculture 'next door' or in their 'front yard' because of the likelihood of significant visual, aesthetic, odor and noise impacts. Therefore, to minimize conflict between incompatible uses, all finfish aquaculture (both in-water and uglandl use/development is prohibited in Shoreline Residential des.ignated shorelines in Jefferson County. Note that as a rural community, not all shorelines alon residentially-zoned parcels have been designated Shoreline Residential. Most shoreline areas with RR 1:10 and RR 1:20 zoning are mostly designated as Conservancy where in-water finfish aquaculture would be prohibited and upland finfish aquaculture would be allowed with a discretionar y CUP. The lower residential densities in such areas reduces the potential for conflict between incompatible uses. Further, the Jefferson County Comprehensive Plan clearly identifies the importance of natural resource lands (including aquaculture landsLto the rural character and economic vitality of our community and the need for REVISED 7-19-2013 Page 21 of 25 Final Response to Ecology: Finfish Aquaculture compatibility between natural resources and other adjacent uses, These broad community values are reflected in numerous Land Use and Rural Goals and Policies, including but not limited to: LNP 12.2 (pi;. 3-58) Natural resource-based industries may be located near the agricultural, forest, mineral, or aquaculture resource lands upon which they are dependent. • LNP 13.3 (pg. 3-59) Work with resource-based industries to achieve compliance with all applicable regulations to protect environmental values and to Protect surrounding land uses. • LNP13A (pg. 3-59) Ensure that land use activities adjacent to resource lands are sited and designed to minimize conflicts with resource management activities, • LNG 19.0 (pg. 3-62) Ensure that development is accomplished in a manner which protects the long- ,term habitabifily, historically significant areas and natural beau ly of Jefferson CovLty. • LNG 21.0 (pg 3-63) Encourage residential land use and development intensities that protect the character of rural areas, avoid interference with resource land uses, and minimize impacts upon environmentally sensitive areas. LNP 22.2 (pg. 3-64) Foster sustainable natural resource-based industry in rural areas through the conservation of forest lands, agricultural lands, mineral lands, and aquaculture lands in order to provide economic and em2loyment opportunities that are consistent with rural character. • Aguaculture Resources - (pgs. 4-11 & 12) Classification and Designation of Aquaculture Resources .-Although the Growth Management Act does not specifically include aquaculture lands as natural resource lands requiring protection and conservation, Jefferson County has elected to do so in recognition of the importance of commercial aquaculture to the local and regional economy... The following aquaculture resources are designated as Agricultural Lands of Long-Term Commercial Significance in accordance with the classification and designation of Agricultural Land as discussed above: Upland finfish hatcheries; and, Commercial shellfish beds and their upland facilities. • Land Use Compatjbik Strategies,B.11 Adopt guidelines and standards for Aguaculture Best Management Practices; and B.12 SucDort the Right -to- Practice Aquaculture provision of the interim Agricultural Lands Ordinance as adopted in the final ordinance through a process that includes notice to title for adjacent property owners. Other measures may include: • Encouraging owners of shellfish beds not designated as long-term commercially significant to participate in the Agricultural Lands of Local Significance Program; • Designating new upland finfish hatcheries as Agricultural Lands of Long-Term Commercial Significance; • Classifying drainage basins of aguaculture lands where the landowners undertake conservation measures as providing a public benefit in the Open Space Tax program ; and, Protecting fish and shellfish habitat areas from -incom2atible adjacent uses. There is a common theme that other use/develol2ment such as residential) should accommodate and be adaptive to avoid conflict with natural resource use/development. However, even with this clear su2port for aquaculture, the Comp Plan makes clear that the community sees a distinct difference between types ofaquaculture use Zdevelopmeet with commercial shellfish beds facilities REVISED 7-19-2013 Page 22 of 25 Final Response to Ecology: Finfish Aquaculture and upland finfish hatcheries as strongly supported, but not including net pens (in-water finfish aguaculture) in the same category. This is made evident by Aquaculture Resources Policy: NRP 11.6 (pg 4-40) Net Pens, which are not designated resource lands, shall be regulated under the Shoreline Management Master Program under reizulations for aquaculture activities. Such regulations will be updated during the SMMP revision for consistency with the Comprehensive Plan, The Plan will then be amended to inco[2orate the SMMP as an element of the Comprehensive Plan, Until the revised SMMP is adopted, where a regulatory Provision is inconsistent with other County ordinances, the more restrictive provision shall apply. Also evident is the jmRortance of protecting the beauty and aesthetic amenities afforded by the natural resources of the area as reflected by the following Comp Plan goals and -policies: • LNG 18.0 (PR 3-61) Preserve rural character and promote rural lifestyle Rural character is defined by local rural lifestyle, opportunity to live and work in rural areas, local rural visual landscapes, resource productivity, environmental quality, and significant areas of open space; and • LNG 19.0 (PL, 3-62) Ensure that development is accomplished in a manner which protects the long- term habitability, historically significant areas and natural beauty of Jefferson County. In conclusion, prohibiting water-oriented commercial use /development finfish aquaculture from Shoreline Residential designated areas, and treating in-water finfish aquaculture differently than other types of aquaculture use/development in Jefferson Count y is consistent with public sentiment and supported by the goals and policies embodied in the Comprehensive Plan. Implementation of Visual Impacts Requirements — Article 8-2.Q.6 (General Regulations for all aquaculture) requires a "visual analysis' for all floating/hanging aquaculture and bottom culture with structures and Article 8.2.E.12 (Finfish Regulations — Visual Quality) requires a Visual Impacts Assessment for eight siting and design variables identified by the 1986 Aguaculture Siting Study. The County relies on the methodology described therein, per Finfish Regulation E.1 that references -'state approved administrative guidelines' collectively referring to the above mentioned studies re orts. This methodologyincludes technical terminology such as 'angle of viewing, 'plane of water', 'normal cone of vision',loreshortening'. The County does not e�m_gjpy staff with expertise in visual impacts analysis so, for the purpose of administering these provisions, the County would rely on experts retained by the applicant, professional input from state/federal resource management agencies, and, as needed, third party review by hired consultants. Distinction Between Commercial Net Pens vs. Restoration/Enhancement Efforts —The Countv stron supports restoration and enhancement efforts aimed at recovery of native salmon stocks in the Puget Sound region. in considering the definition for 'in-water finfish aguaculture' the County clarifies that any use/development with fish rearing structures in the water that meets the definition of 'watershed restoration project' per RCW 89,08-460 Is not considered 'in-water finfish aquaculture. The County relies on existing REVISED 7-19-2013 Page 23 of 25 Final Response to Ecology: Finfish Aquaculture statutory definitions for activities that are `primarily designed to enhance the fishery resource available for use by all of the citizens of the-state, and that are part of an authorized 'watershed restoration plan' developed/sponsored by state or federal agencies, tribes, local jurisdictions or conservation districts that has undergone SEPA and publicreview. Such use/development would be reviewed under the Article 7.7 Restoration provisions and other applicable sections of the Pro gram (e.g. Article 6.1.B No Net Loss and Mitigation), along with SEPA, and require a Hydrauk-Pr-olect Approval from WDFW. The County recognizes many public concerns still exist regarding the risks and potential impacts related to in- water finfish aquaculture, such as: • Biodeposits —food and feces; Chemical Use - pesticides, pharmaceuticals, etc; • Disease - bacteria, viruses; • Parasites - sea lice; Escapement - GMOs, breed/compete with natives; and • Impacts to Puget Sound — low dissolved oxygen, shellfish beds, forage fish, kelp & eelgrass, mammals, ongoing restoration efforts. That all risks or possible risks related to in-water finfish aquaculture cannot be eliminated or remedied is not sufficient reason to adopt a Master Program which includes a prohibition on in water finfish aquaculture because such a use is a preferred use in the regulatory scheme established by the SMA. However, the County has conducted additional review of available technical information and consulted with experts in the fields of fish health, water quality Permitting, escapement and genetics, and commercial and enhancement net pen operations. This further consideration of the complex issues related to in-water finfish aquaculture has allowed the County to conclude that such a limited allowance with reliance on the existing regulatory requirements of multiple state and federal agencies is a reasonable and adequate ajoproach to striking a balance between outright Prohibition and across the board allowance. Arising from Ecology's response, the County conducted further investigation in greater detail of available science in support of and OR20sition to finfish aquaculture, with special focus on in-water operations such as net pens. The Finfish Bibliogra2hy includes some 125 documents including peer-reviewed journal articles, state and federal agency policy and technical guidance, germit samples from existing Puget Sound net 12en operations Shoreline Master Programs from other Puget Sound jurisdictions, a programmatic EIS document and other sources of pertinent information, The Bibliograil2hy includes documentation submitted during formal public comment and constitutes a representative sample of the available science. The Bibliography contains recently published "current" science such as the February 2011 report of Michael Price et al on juvenile salmon runs. REVISED 7-19-2013 Page 24 of 25 Final Response to Ecology: Finfish Aquaculture Recent correspondence from Ecology to the Northwest Straits Commission (September 2011) clarifies that the state relies Primarily on key documents such as the 1986 Aquaculture Siting Study and Guidelines, and the 2002 NOAA Technical Memo #53. The County has considered these same sources of information and others from that era (i.e. 1988 Use Conflicts Study, 1990 Final Programmatic E15; 2001 NOAA Technical Memo #49), but also relies on more current science from the 2003 — 2011 era. The statute reguires that the SMP balance appropriate shoreline activities with adequate protection of the resources. The SMP Guidelines (WAC 173-26-186) reguire that shoreline use and development is regulated to ensure "no net loss of ecological functions". Further, the Guidelines _IWAC 173-26-201(3)(g)) require that when less is known the SMP take a more protective approach to avoid unanticipated impacts and to reasonably assure that shoreline resources are Protected. The current science is inconsistent. Therefore, the County concludes it has no choice but to err at this time on the side of caution and protection while determining which locations would be suitable for this preferred use. The County believes the science dictates that in-water finfish aquaculture, including net pens, must be limited. The County proposes to modify the Locally Approved SMP as indicated in this document to include these provisions as a matter of legislative discretion and after a "reasoned, objective evaluation of the relative merits of the conflicting data" collected by this County as is allowed 2er WAC 173-26-201(2)(a)( iii ). REVISED 7-19-2013 Page 25 of 25 Final Response to Ecology: Finfish Aquoculture Jefferson County SMP Update Supplemental Information re: Agriculture - Aquaculture Agriculture Aquaculture Crops Upland In -water Finfish Aquaculture Livestock Finfish Aquaculture other than geoduck Aquaculture Geoduck Article 2.A Definitions — Excerpted 15. * *Agricultural activities means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation. 16. "Agricultural land means those specific land areas on which agriculture activities are conducted as of the date of adoption of this Master Program pursuant to the state guidelines (WAC 173 -26) as evidenced by aerial photography or other documentation. After the effective date of the Master Program, land converted to agricultural use is subject to compliance with the requirements of the Master Program. 17. *Agriculture, existing and ongoing means any agricultural activity conducted on an ongoing basis on lands enrolled in the open space tax program for agriculture or designated as agricultural lands of long -term commercial significance on the official map of Comprehensive Plan land use designations; provided, that agricultural activities were conducted on those lands at any time during the five -year period preceding April 28, 2003. Agricultural use ceases when the area on which it is conducted is converted to a nonagricultural use. 18. *Agriculture, new means agricultural activities proposed or conducted after April 28, 2003, and that do not meet the definition of existing ongoing agriculture. 28. Aquaculture means the farming or culture of food fish, shellfish, or other aquatic plants or animals in freshwater or saltwater, and may include development such as structures, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of wildstock geoduck on state -owned lands. Wildstock geoduck harvest is a fishery. 29. `Aquaculture activity means actions directly pertaining to growing, handling, or harvesting of aquaculture produce. Examples include, but are not limited to propagation, tank farms, hatcheries, incubators /nurseries, stocking, feeding, disease treatment, depuration facilities, waste Page 1 of 3 5 -5 -2013 disposal, water use, development of habitat and structures, sorting, wet storage, and staging. Excluded from this definition are related commercial or industrial uses such as wholesale and retail sales, final processing and freezing, 30. *Aquaculture facility or farm means any facility or tract of land used to culture aquatic products. Each geographically separate facility or tract of land used for aquaculture shall C� constitute a separate facility/farm, provided that adjoining farms/facilities with separate operators shall be considered separate facilities/farms. Article 4-3.A Use Table — Excerpted i ame i - rennmea, Loncitionai ana Prohibited Uses by Shoreline Environment Designation P = Use may be permitted subject to policies and regulations of Program. May require Shoreline substantial development permit or Statement of exemption approval. See Articles 6, 7, 8, 9 and/or 10 for details. C(a) = Conditional use administrative. See Articles 2, 9 and 10 for definition, criteria and process details. C(d) = Conditional use discretionary, See Articles 2, 9 and 10 for definition, criteria and process details, X = Prohibited use. Exceptions and limitations may apply as noted in the Program. See specific section for details, Environment Designations Waterward of OH WM Landward of OYWM Shoreline Uses Priority Aquatic Shoreline High Natural Conservancy y Residential Intensity Aquaculture: Aquaculture activities other than P P P P P P geoduck I Geoduck P P C(d) C(d) C(d) P In-water Finfish (including Net X P* X*/C(d)* X X C(d) Pens) Upland Finfish X P* X C(d) X C(d) New Proposed Language - per staff discussion Article 43.A Use Table Aquaculture: Aquaculture activities other than geoduck, in-water finfish, and upland finfish. Article 8.1 Agriculture B. Shoreline Environment Regulations —Add and delete text to read: 1. Priority Aquatic: New agricultural activities are prohibited,, except upland Finfish Aquaculture per the Aquaculture policies and regulations of this Pro jgrain. Far-miAe and manaoement of shellfish and ethef aquatie f)FGdwc4s aFe sul�eet te the Aqwaewkw-fe-p9liGies and FegUlati9R5 (Af4iele 8 sec4ieA 2) 9f t PFegFaR;. Page 2 of 3 O-S-2013 3. Aquatic: New agricultural activities are prohibited, aguaculture 12oficies and regulations of this Program. 3. Natural: New agricultural activities are prohibited, except that |oVv intensity agricultural activities such as grazing may be allowed subject to policies and regulations of this Program; provided that such low intensity agriculture does not expand or alter agricultural practices in a manner inconsistent with the purpose of this designation, All other agricultural activities are prohibited, aquaculture per the aguaculture policies and regulations of this ELgAram. Codifying the Supplemental Maps re: In-water Finfish Aquaculture - perstxffdiscuus/om Article Q.2Aquacubure Add new text to read: C. Shoreline Environment Regulations 7. For a summary and graphic approximation of the above shoreline environment rqgulations allowance of in- water finfish aguaculture, see Figure 1. Page 3qy3 a.5-2013 N u N w a n 0 c ro N ro Oq d C a A G 3 � .fl m =s M a O ms Cr a cr 00 _ c d -6 O c ,... n m UOq r ; CL 67 3 o m a ... bi "T! �. 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Ee.,». :,.> # C,,E»ers ESey E ''•'`1' >cr, i �:: 31.�A Ewkew.rep QUM COW "o" Townsend SMP ` � WW NE Jefferson County, Washington SMP 2011 Final 10131/2011 Glen Cove NA | °" ~- / ----- / NE Jefferson County, Washington SMP 2011 Shafeline MAStet Ptah ; Mpwnser sta Fto-e Tae Net Pens yhnrrl,wr Envirrwwerpl l)eeryeraa nn Ca.nsty a.tr r.twiwr....... igratrc F"I 10f3L2011 Ihwn.y ternM ! w Mats Mats C 66 DD NE Jefferson County, Washington SMP 2011 Shoreline Master Plans xgr1 kr s 5w rc1,wa e,•,r.„.M, s�i t a ,b.,, rnwryR QW.n.wSa...Mr SR.ir.ry Aa. =ard�.l S.wrd:•LY •ilgYib♦ ,.,eq ,,,,, „„, La t Final 10/31/2011 'warwal ,� vT• Pori Ludlow tilaase laav A.+al.wbal •:pw uuwu r .�'" � AI�RA 6Mebsky -weu a..M k District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin ,a County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Special Meeting August 8, 2013 Chairman John Austin called the meeting to order at approximately 7:02 p.m. at the Hoh Tribal Center. Commissioner David Sullivan, Commissioner Phil Johnson and County Administrator Philip Morley were present. County Administrator Philip Morley served as meeting facilitator and welcomed everyone. He introduced the Commissioners who each gave a report on current activities they are involved in. After introductions and review of the format for the participatory exercise, the following citizen questions and comments were discussed: LAW & JUSTICE • Heroin and drugs are increasing in the community. PARKS & RECREATION • Parks donated by a local resident are now Discover Pass required. This angers people. • Why does Jefferson County support the Discover Pass? FINANCE • How do Commissioners feel about disappearing revenue due to forest land being taken off the tax roll? What are you going to do about it? How will that affect the bottom line? How will that affect the Junior Taxing Districts? • How are County finances right now? • Does the County have a retirement fund liability? ROADS AND TRANSPORTATION • The transit is a lifeline to people who live on the West End. • A section of road on the West End is in immediate need of repairs. MISCELLANEOUS • How do we get the Commissioner's attention if we have a concern? • Why isn't the meeting at the Queets School where more people could participate? • Is the Freeholder's Forum going to be live- streamed? Page 1 Commissioners Special Meeting Minutes: August 8, 2013 ,*I NOTICE OFADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 9:17 p.m. until the next regular meeting or special meeting as properly noticed. Chairman Austin seconded the motion which carried by a unanimous vote. SEAL: ATTEST: JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member Carolyn Avery David Sullivan, Member Deputy Clerk of the Board Page 2 Nk District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Erin Lundgren DRAFT MINUTES Week of August 12, 2013 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • A citizen urged the Commissioners to strongly research the proposed biomass project; A citizen supports Home -Rule government and stated voters will have an opportunity to decide on this in November; • A County elected official thanked the new Central Services Director and staff for their outstanding assistance they provided during the latest software upgrade; • A citizen stated her group's goal is to educate the public in regard to Home -Rule Charter style of government; • A citizen stated solar photovoltaic (PV) systems for single family residences should be exempt from building permits; • A citizen commented on Quilcene events: 1) Wine tasting event at Worthington Park was a success; 2) There is a Fire Commissioner meeting scheduled to take place this week; 3) YMCA cooperative reading program on Tuesdays has a high turnout; and 4) There appears to be misconception regarding the Metropolitan Park District (MPD); • A citizen: 1) Reminded the public of the Freeholder's Forum; 2) thanked Joe D'Amico for holding the First Responders event last weekend; and 3) stated every house should have a security system and be involved in a neighborhood watch program; A citizen commented that due to the publicity of the Home -Rule charter topic, the MPD is being crowded out. It was suggested that the Commissioners put the MPD on hold until other issues are addressed; and 2 citizens voiced concern over the spraying of chemicals to eliminate knotweed. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved to delete item #1 and approve the remaining items on the Consent Agenda as submitted. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. DELETED: RESOLUTION NO. 41-13 re: Adopting the 2014 -2019 Six -Year Transportation Improvement Program (Approved later in minutes) 2. AGREEMENT, Change Order No. 1 re: Larry Scott Trail, Milo Curry Trailhead Parking, Project No. CR1069, County Road No. 860100; In the Amount of $1,297.22; Jefferson County Public Works; C & J Excavating Inc. Page 1 f Commissioners Meeting Minutes of August 12, 2013 .r I low 19 e 3. AGREEMENT NO. N20219 re: Anderson Lake Anatoxin -A and Other Regional Lakes Toxicity Testing; In the Amount of $1,000; Jefferson County Public Health; Washington State Department of Health 4. AGREEMENT re: Community Access Services; In the Amount of $2,160; Jefferson County Public Health, Developmental Disabilities Division; Skookum Contract Services 5. Payment of Jefferson County Payroll Warrants Dated August 5, 2013 Totaling $849,623.58 and Dated August 8, 2013 Totaling $2,365.16 and A/P Warrants Done by Payroll Dated August 5, 2013 Totaling $733,647.66 and Dated August 8, 2013 Totaling $532.72 BRIEFING re: Jefferson County Banking Agreement: Treasurer Judi Morris explained the Request for Proposal (RFP) process her office recently underwent regarding Jefferson County's banking agreement. She stated that there are 10 financial banking institutions in Jefferson County. Of those banks, seven have authorization to accept public funds and she sent letters to those banks regarding the RFP process. The Treasurer's Office received proposals from four banks; First Federal, Bank of America, Union Bank and U.S. Bank. Treasurer's Office staff looked at each of these proposals and evaluated them based on: references, price comparison, bank stability, services they provide, electronic capabilities and demonstrated product. The decision was made to stay with Bank of America as they were the most affordable and have provided excellent service in the past. She stated she is available to answer any questions for the public and the Board. Commissioner Sullivan thanked Treasurer Morris for her due diligence. APPROVAL OF MINUTES: Chairman Austin noted a correction to the regular meeting minutes of June 10, 2013. On page 4 under Calendar Coordination it reads: "Chairman Austin will be attending a public safety meeting... " The Board agreed to remove that line. Commissioner Johnson moved to approve the regular meeting minutes of June 10, 2013 as corrected, the special meeting minutes of June 10, 2013 and regular meeting minutes of June 17 and 24, 2013 as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION: The Commissioners and the County Administrator provided the following updates: All three Commissioners - Attended a Community Input meeting at the Hoh Tribal Center in the West End of Jefferson County. Chairman Austin - 4H will be holding a rocketry event August 23 -25, 2013. - The All County Emergency Picnic will take place this weekend. Commissioner Johnson Attended the Jefferson County Fair last weekend. There will be a ground breaking ceremony this weekend for a new Habitat for Humanity park named after Nora Porter Page 2 M Commissioners Meeting Minutes of August 12, 2013 Commissioner Sullivan - Attended a business opening at the Shold Business Park last week. - Will be at a booth at the All County Emergency Picnic this weekend. - Freddy Pink will be performing at a fundraiser for Olympic Community Action Programs (OlyCAP) in Sequim September 28, 2013. County Administrator Morley - Announced there will be a Freeholder's Forum in the Superior Court Courtroom at 6 p.m. on August 12, 2013. - Notified the public of the candidate process for the Kala Point and Port Ludlow Park and Recreation Districts. The meeting was recessed at 10:03 a.m. and reconvened at 1:32 p.m. with all three Commissioners present. Approval of Resolution No. 41 -13 Adopting the 2014 -2019 Six -Year Transportation Improvement Program (TIP): After confirming the priority ranking of the project, the Board concurred to move forward with approval. Commissioner Sullivan moved to approve Consent Agenda Item 91, Resolution No. 41 -13 Adopting the 2014 -2019 Six -Year Transportation Improvement Program (TIP). Commissioner Johnson seconded the motion which carried by a unanimous vote. Letter of Support re: House Bill 1705 Rehabilitative Therapy for Military Beneficiaries Act: Jefferson Equestrian Association member Juelie Dalzell stated the importance of providing rehabilitative therapy for military personnel and their families through their equestrian program. She requested the Board write a letter to Congressman Kilmer to support House Bill 1705. Commander of the Port Townsend American Legion Joseph Carey commented the Legion fully supports this action. He stated there are positive effects to this kind of therapy and it is a confidence builder for kids. Ms. Dalzell pointed out that with autistic children, she can see immediate results. Commissioner Johnson moved to send a letter to Congressman Kilmer regarding support of House Bill 1705, the Rehabilitative Therapy Parity for Military Beneficiaries Act. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Discussion re Washington Counties Risk Pool (WCRP) Annual Deductible: County Administrator recommended to the County's Risk Management Committee that the County elect to move to a $25,000 deductible. Commissioner Sullivan moved to increase the County's liability insurance deductible from $10,000 to $25,000. Commissioner Johnson seconded the motion which carried by a unanimous vote. Page 3 Commissioners Meeting Minutes of August 12, 2013 COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • Commissioner Johnson will be attending a Law Enforcement Officers and Fire Fighters 1 (LEOFF 1) Board meeting on August 13, 2013 • Commissioner Johnson will be attending an Olympic Region Clean Air Agency (ORCAA) meeting on August 14, 2013 • Commissioner Johnson will be attending a Fort Worden Advisory Committee meeting on August 15, 2013 • All 3 Commissioners will be attending a Board of Health meeting on August 15, 2013 • Commissioner Johnson will be attending a Peninsula Regional Transportation Planning Organization (PRTPO) meeting on August 16, 2013 • Commissioner Johnson is tentatively meeting with Congressman Derek Kilmer on August 16, 2013 • Chairman Austin and Commissioner Johnson will be attending Habitat for Humanity's ground breaking ceremony for Nora's Neighborhood Park on August 17, 2013 • There will be a celebration in Quilcene for the Worthington House on August 17, 2013 • All 3 Commissioners and the County Administrator will be attending an All County Emergency Picnic at HJ Carroll Park on August 18, 2013 • Chairman Austin will be attending the JeffCo Community Foundation Rain Coast Farm Event on August 18, 2013 • Chairman Austin will be attending a Canvass Board meeting on August 20, 2013 • All 3 Commissioners will be attending a Transit Board meeting on August 20, 2013 • All 3 Commissioners will be attending a Hood Canal Coordinating Council (HCCC) retreat in Port Gamble on August 21, 2013 • The County Administrator will be out of the office from August 20 -24, 2013 • Commissioner Johnson will be out of the office August 27 -30, 2013 • Chairman Austin will be attending a State Board of Health meeting on September 5, 2013 • The County Administrator will be attending a Risk Management Exam September 25 -26, 2013 • The next HCCC meeting will be on October 16, 2013. There is no September meeting scheduled Miscellaneous Issues • West End community meeting debrief • Staffing policy • Solar voltaic Permits • Department of Community Development (DCD) • Shoreline Master Program (SMP) • Legal capacity to consider a non -GMO ordinance under the County's existing status as a Statutory County (non - Charter) • Metropolitan Park District (MPD) — update on last week's Steering Committee meeting • Risk Management deduction level and reserves • Freeholders Page 4 Commissioners Meeting Minutes of August 12, 2013 NOTICE OFADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 3:36 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion which carried by a unanimous vote. SEAL: ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David Sullivan, Member Page 5 District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin Mft County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of August 19, 2013 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • Three citizens voiced their concern regarding development near their homes; • A citizen stated: 1) Joe D'Amico's recent event was great; and 2) He received exemplary service from Jefferson Healthcare; • A citizen commented on a local developer; • A citizen stated: 1) it was nice to see mentors and youth get together at the All- County Emergency Picnic last weekend; 2) the Ranger Run is August 28, 2013 in Quilcene; and 3) the celebration for Worthington Park was well attended last weekend; • A citizen mentioned that Knotweed will not disappear and to give consideration to the pollinators as they have rights too; • A citizen stated: 1) the Auditor's Office did a wonderful job with the Home -Rule Charter meeting; 2) we are privileged to have outstanding department heads in the County; and 3) Sun Valley is unable to control their large forest fires; • A citizen stated: 1) the Public Comment Period should stay open and not be censored in any way; 2) the Freeholders Forum was great, however the inability to file for more than one item at a time on the ballot was not stated clearly; and 3) the County is ill- prepared in the event of a disaster. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to approve all the items on the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. AGREEMENT re: BECCA Funding for Truancy, At Risk Youth and Child In Need of Services; In the Amount of $24,533; Jefferson County Juvenile Services; Washington State Administrative Office of the Courts 2. AGREEMENT NO. ICA 14073 re: Family and Juvenile Court Improvement Plan; In the Amount of $14,420; Jefferson County Juvenile Services; Washington State Administrative Office of the Courts 3. AGREEMENT re: Nurse Home Visitation; In the Amount of $6,028; Jefferson County Public Health; Nurse Family Partnership Page 1 Commissioners Meeting Minutes of August 19, 2013 DRAFT SIIi ;.iSJ 4. AGREEMENT re: Superior Court Judge's Chambers Remodel Providing Separate Work Space for the County Clerk and Court Administrator; In the Amount of 59,691.67; Jefferson County Central Services; Aldergrove Construction 5. AGREEMENT re: Annual Telephone System Maintenance for Castle Hill Facilities; In the Amount of $10,753.72; Jefferson County Central Services; Stargate Technologies, Inc. 6. AGREEMENT re: Annual Telephone System Maintenance for Sheriff's Department; In the Amount of $12,616.64; Jefferson County Central Services; Stargate Technologies, Inc. 7. AGREEMENT re: Annual Telephone System Maintenance for Courthouse Facilities; In the Amount of $16,886.93; Jefferson County Central Services; Stargate Technologies, Inc. 8. AGREEMENT re: Weed Control on County Roads; In the Amount of $1,000; Jefferson County WSU Extension; Resource Renewal 9. Advisory Board Reappointments (2) re: Jefferson County Lodging Tax Advisory Committee (LTAC); Terms Expire July 23, 2015; 1) Chair of the Tourism Coordinating Council, Joy Baisch; and 2) Representing Jefferson County Historical Society, William Tennent 10. Advisory Board Reappointment re: Jefferson County Solid Waste Advisory Committee (SWAC); Term Expires August 19, 2015; Representing Recycling Operations, Alysa Russell, Skookum Recycle 11. Letter of Assurance re: Accessible Communities Act; Debbie Hines, Governor's Committee on Disability Issues and Employment (GCDE) 12. Approve Appointment of Interim County Administrator per JCC 2.01.010 on the Days that County Administrator Philip Morley is on Personal Leave from August 20 -24, 2013; Frank Gifford, Central Services Director 13. Payment of Jefferson County Vouchers/Warrants Dated August 1, 2013 Totaling $1,107,503.34 14. Payment of Jefferson County A/P Warrants Done by Payroll Dated August 7, 2013 Totaling $124,968.20 COMMISSIONERS BRIEFING SESSION. The Commissioners provided updates on the following updates: All three Commissioners: - Will be attending the Hood Canal Coordinating Council Retreat. - Attended a Jefferson Community Foundation fundraiser. Chairman Austin - Attended the All - County Emergency Picnic - Met with the Substance Abuse Advisory Board last week and saw a presentation on the Drug Take Back program. - Will be attending the Jefferson County employee picnic this week. Commissioner Sullivan - Attended the Shell Fest at Fort Flagler last weekend. - Attended the Nora Porter Park dedication last weekend. Commissioner Johnson - Attended the Nora Porter Park dedication last weekend. Page 2 F Commissioners Meeting Minutes of August 19, 2013 DRAFT Approval of Minutes: The Board reviewed the minutes of July 1 and 8, 2013 and added on record for approval the special meeting minutes of June 28, 2013. Commissioner Johnson pointed out a correction to the July 8, 2013 minutes on page 2 under the Commissioner Briefing. Where it reads "Will be attending an ORCAA meeting this weekend" it should end with "week. "Commissioner Johnson moved to approve the special meeting minutes of June 28, 2013 and regular meeting minutes of July 1, 2013 as presented and the regular meeting minutes of July 8, 2013 as corrected. Commissioner Sullivan seconded the motion which carried by a unanimous vote. PROCLAMATION Declaring the Week ofAugust 23-25,2013 as Olympic Senior Games Week: Chairman Austin read the proclamation and volunteer staff for the senior games gave a presentation on their upcoming events. Commissioner Johnson moved to approve the proclamation. Commissioner Sullivan seconded the motion which carried by a unanimous vote. PROCLAMA TION Declaring the Week ofAugust 19 -23, 2013 as Jefferson County Employee Recognition Week: Chairman Austin read the proclamation. Commissioner Sullivan moved to approve the proclamation. Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:06 a.m. and reconvened at 1:35 p.m. with all three Commissioners present. DISCUSSION re: Department of Community Development (DCD) Finances: Director Carl Smith, Planning Manager Stacie Hoskins and Office Coordinator Jodi Adams gave a presentation of Department of Community Development's (DCD) financial outlook. Director Smith explained that a majority of the department's funding comes from grants. He reviewed the grants that would be expiring by December 31, 2013, noting that 21% of their department's revenue will disappear by that date. Staff compiled a four year revenue and expenditure projections spreadsheet and pointed out that due to expiring grants, there will be large negative balances from 2015 — 2017. Director Smith advised the Board that his office has worked very hard to find ways to curtail expenses and submitted a handout depicting cost saving changes already made in the office. Even with the implementation of these changes, there still is a large estimated revenue shortfall. Consultation work is not being compensated after the Watershed grant expires, and the revenue shortfall to fund existing staff will be about $205K a year. As a way to bring in more revenue, and offset some of the larger future negative balances, Director Smith proposed adding new permitting fees. Although hesitant to do so, he does not see another solution unless the General Funding amount is raised. Chairman Austin asked if there are allies in other agencies such as the Department of Natural Resources (DNR) that could assist the DCD? Director Smith replied that the DNR has assisted on certain permit issues or violations, and that has helped out the DCD department. Page 3 Commissioners Meeting Minutes of August 19, 2013 The meeting was recessed at 2:12 p.m. and reconvened at 2:17 p.m. with all three Commissioners present. DISCUSSION re: Department of Community Development (DCD) Finances: continued Director Smith reviewed the proposed new permitting fees for the Department of Community Development: Land Use Fees • Require pre- application conference for CUA, CAP and Type 4 and 5 applications — estimated 10 conferences a year. ($380 each) • Pre - Application site visit (if needed) — estimated 7 a year. ($152 each) Type 1 Permits • Re- submittal of consistency review — estimated 100 a year. ($152 each) • Road vacation request — estimated 4 a year. ($228 each) • Customer Assistance Meeting — estimated 1,000 hours a year. ($76 per hour) If the proposed fees are put into effect, DCD staff suggested offering twice a year free Customer Assistance Meetings. All other times, a person would need to make an appointment with a planner and fill out an application. The benefit of having an application would allow time for the planner to review the applicant's property and have that information available at the meeting. Chairman Austin asked what happens when someone has just one question? Director Smith replied they would allow for a 15 minute grace period. If there was research or more time involved, then a Customer Assistance Meeting would be scheduled for the customer. Director Smith will review the proposed changes with the Planning Commission and update the Board in September, 2013. Closed Session re: Strategy or position for collective bargaining, professional negotiations, or grievance or mediation proceedings. A Closed Session was scheduled from 2:49 p.m. to 3:00 p.m. with the County Administrator, Chairman Austin, Commissioner Johnson and Commissioner Sullivan to discuss strategy or position for collective bargaining, professional negotiations, or grievance or mediation proceedings, not subject to the Open Public Meetings Act, as outlined in RCW 42.30.140(4)(b). The actual period of time the Board met in Closed Session on this topic was from 2:49 p.m. to 3:00 p.m. At the conclusion of the Closed Session the Board resumed the regular meeting. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • Chairman Austin will be attending a Canvass Board meeting on August 20, 2013 • All 3 Commissioners will be attending a Transit Board meeting on August 20, 2013 Page 4 Commissioners Meeting Minutes of August 19, 2013 • All 3 Commissioners will be attending a Hood Canal Coordinating Council (HCCC) retreat in Port Gamble on August 21, 2013 • The County Administrator will be out of the office from August 20 -24, 2013 • Commissioner Johnson will be out of the office August 27 -30, 2013 • Chairman Austin will be out of the office on August 27, 2013 • There will be a Port Townsend School of Woodworking Board meeting on August 22, 2013 • There will be a 1 /101h of 1% Mental Health Sales Tax meeting on September 3, 2013 • Chairman Austin will be attending a State Board of Health meeting on September 5, 2013 • Chairman Austin will be attending an Ecosystem Regional Network (ERN) meeting on September 6, 2013 • The Port Townsend Film Festival will be held September 20 -22, 2013 • All 3 Commissioners will be attending the Quilcene Fair on September 21, 2013 • The County Administrator will be attending a Risk Management Exam September 25 -26, 2013 • The Quilcene Ranger Run will be held on September 28, 2013 Miscellaneous Issues: • Comp Plan update • Labor Agreements update • Bob Braun agreement • Erin Lundgren achieving CMC certification • Commissioner Johnson met with staff of the North Olympic Salmon Coalition (NOSC) re: Hood Canal Coordinating Council (HCCC) grant awards. Commissioner Sullivan; The Commissioners desire to revisit and look at all options to get a better understanding of the issues • Environmental Health; sending letter of support for Tami Pokorny re: the HCCC Stewardship award • Office appreciation • Park & Recreation funding • Auditor & Prosecutor position requests • Sewer project Future Agenda Items: • Adjusting the Board of County Commissioners committee assignments & travel Page 5 Commissioners Meeting Minutes of August 19, 2013 NOTICE OFADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 4:09 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion which carried by a unanimous vote. SEAL: ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David Sullivan, Member Page 6 District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of August 26, 2013 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • Two citizens expressed concern about Geoduck farming and harvesting in Squamish Harbor; • Two citizens expressed concern about the deforestation of property located at Termination Point being done by a Kitsap County developer; • A citizen: 1) commented on the past actions of the Bush Administration and the effects those actions had on local banking institutions; and 2) urged the County not to put any more money in Bank of America than is insured by the FDIC; • A citizen explained that the tasks of the Metropolitan Park District (MPD) Steering Committee are misunderstood by many citizens; the committee has many aspects to consider, including a limited budget, to meet the needs of all citizens; and • A citizen stated there will be a Metropolitan Park District (MPD) Steering Committee meeting on Tuesday, August 27, 2013 at 7:00 p.m. at the Port Ludlow Beach Club APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. AGREEMENT, Amendment No. 2 re: Supporting Healthy Communities Work; Additional Amount of $5,000 for a Total of $15,000; Jefferson County Public Health; Whatcom County Health Department 2. AGREEMENT, Amendment No. 5 re: Continuation and Implementation of Prevention Programs; Additional Amount of $15,540 for a Total of $93,345; Jefferson County Public Health; State of Washington Department of Social and Health Services (DSHS), Division of Behavioral Health and Recovery 3. AGREEMENT re: Breast Cervical and Colon Health Program Services; In the Amount of $5,203; Jefferson County Public Health; Public Health of King County 4. AGREEMENT re: 2013 Funding to Promote Conservation Protect and Improve Water Quality; In the Amount of $45,600; Jefferson County Administrator; Jefferson County Conservation District Page 1 W Commissioners Meeting Minutes of August 26, 2013 Rf i //! rliS 1. 5. AGREEMENT NO. LA 7393, Amendment No. 3 re: Queets Bridge Painting, Project No. CR1881; In the Amount of $114,847; Jefferson County Public Works; Washington State Department of Transportation 6. AGREEMENT re: Pedestrian and Bicycle Safety Grant Funds for Quilcene Complete Streets Project; In the Amount of $884,165; Jefferson County Public Works; Washington State Department of Transportation 7. AGREEMENT re: Local Agency Federal Aid Project Prospectus for Quilcene Complete Streets Project; In the Amount of $884,165 (see agreement above); Jefferson County Public Works; Washington State Department of Transportation 8. AGREEMENT, Amendment No. 3 re: Public Defense Agreement, State vs. Pierce 09 -1- 00058-7; In the Amount of $75717 per Month, Except Prior to 60 Days Before Jury Selection and Sentencing Phase Amount is $4,630.20, Not to Exceed $38,585; Jefferson County Administrator; Jefferson Associated Counsel (JAC) 9. Advisory Board Appointment re: Jefferson County Marine Resources Committee (MRC); Term Expires August 26, 2017; District #2 Alternate, Lucas Hart 10. Advisory Board Reassignments (2) re: Jefferson County Marine Resources Committee (MRC); 1) Maureen Goff, District #1 Representative; Term Expiring November 19, 2016; and 2) Dave Robison, District #1 Alternate; Term Expiring April 7, 2016 11. Letter of Nomination re: 2013 Hood Canal Coordinating Council (HCCC) Award; Tami Pokorny 12. Payment of Jefferson County Vouchers/Warrants Dated August 18, 2013 Totaling $643,062.22 13. Payment of Jefferson County Payroll Warrants Dated August 20, 2013 Totaling $72,651.32 and A/P Warrants Done by Payroll Dated August 20, 2013 Totaling $15,559.23 Presentation of Certified Municipal Clerk Award: Chairman Austin presented Clerk of the Board and Human Resource Manager Erin Lundgren with a plaque and a letter which he read aloud from the International Institute of Municipal Clerks designating her as a Certified Municipal Clerk. The Board applauded Ms. Lundgren's accomplishment and the hard work it took to achieve it. COMMISSIONERS BRIEFING SESSION. The Commissioners each provided updates on the following items: Chairman Austin - Reported on the Canvassing Board which met last week. Commissioner Johnson - Reported on a Hood Canal Coordinating Council workshop he attended last week. Commissioner Sullivan - Will attend the Housing Coalition meeting on Wednesday, August 28, 2013. Presentation re: Chimacum Prevention Coalition: Public Health Community Educator and Prevention Redesign Initiative (PRI) Coordinator Kelly Matlock gave a presentation on the newly forming Chimacum Prevention Coalition. There has been a lot of research within the prevention science Page 2 Commissioners Meeting Minutes of August 26, 2013 ftRAFT Community and a coalition between government and community working together is very effective in terms of prevention. Ms. Matlock stated she hoped that Jefferson County government would also be involved in this coalition effort. She provided an information sheet explaining what PRI is about and also submitted a flyer promoting the Chimacum Prevention Coalition which states: "Chimacum has been selected to receive support to promote healthy lifestyle choices for Chimacum youth and families with a focus on alcohol and other drug prevention. The program is called Prevention Redesign Initiative (PRI). It is a collaboration between Olympic Educational Service District 114, Chimacum School District and Jefferson County Public Health. It is funded by the State Department of Social and Health Services' Division of Behavioral Health and Recovery (DBHR). A community coalition will be developed to assess the unique community strengths and needs, canvas existing resources and then develop a strategic prevention plan..." Ms. Matlock asked for participation from a Jefferson County Commissioner or a Commissioner designee to serve on the newly developing Chimacum Prevention Coalition. The position would include committee assignments and six meetings per year. The Board will consider the request and make a permanent appointment at a later date. The meeting was recessed at 9:54 a.m. and reconvened at 1:30 p.m. with Chairman Austin and Commissioner Sullivan present. Commissioner Johnson was absent due to a previously scheduled appointment. Additional Business: Presentation re: Duckabush Flood Plain Acquisition Project: Environmental Health Specialist II Tami Pokorny discussed acquisition of floodplain property along the Duckabush River. She handed out two maps of the location of the Duckabush Floodplain Acquisition Project showing streams and channel migration zones. Ms. Pokorny identified on the map the location of the Duckabush property which is owned by Berntsen - Poetter and consists of 21.9 acres. The appraisal and environmental review has been done. There is a question as whether the County or Jefferson Land Trust will take title and stewardship of the Duckabush property. Environmental Health staff s recommendation would be that Jefferson Land Trust (JLT) take title, if they are interested, as they already have ownership of other property in the area. Chairman Austin stated he believed it would make sense for Jefferson Land Trust to take ownership. The Board agreed that the property should be acquired by Jefferson Land Trust. The Health Department will report back to the Board of County Commissioners with a recommendation at a future date. Letter: Chairman Austin moved to send a letter to the Washington State Department of Natural Resources (DNR) endorsing their acquisition of properties in Jefferson County. Commissioner Sullivan seconded the motion which carried. Page 3 �1\ Commissioners Meeting Minutes of August 26, 2013 Signature Authorization Form: Chairman Austin moved to approve a form authorizing JeffCom Director to sign a contract to participate in the State E91 I System. Commissioner Sullivan seconded the motion which carried. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • Commissioner Johnson will be out of the office August 27 -30, 2013 • Chairman Austin will be out of the office on August 27, 2013 • Due to Labor Day, the Board of County Commissioners meeting will be on September 3, 2013 • There will be a 1 /10th of 1% Mental Health Sales Tax meeting on September 3, 2013 • Chairman Austin will be attending a State Board of Health meeting on September 5, 2013 • Chairman Austin will be attending an Ecosystem Regional Network (ERN) meeting on September 6, 2013 • The Port Townsend Film Festival will be held September 20 -22, 2013 • All 3 Commissioners will be attending the Quilcene Fair on September 21, 2013 • The County Administrator will be attending a Risk Management Exam September 25 -26, 2013 • The Quilcene Ranger Run will be held on September 28, 2013 Miscellaneous Issues: • John Jamison letter re: Should there be a Tent City in Chimacum? Commissioner Sullivan share with Olympic Community Action Programs (OlyCAP) and the Housing Coalition • Veterans budget, levy and General Fund transfer. County Administrator Morley will meet with Veteran Officer Dick Wiltse regarding new state legislation • I -502 briefing to be scheduled • Labor update on Corrections, Sheriff Admininistrative staff and Central Services • Charter • Metropolitan Park District (MPD); Port Ludlow meeting • Terry Logue retirement • Auditor & Prosecutor full time employee addition requests compared to base budgets • Department of Natural Resources (DNR) transfer with Green Crow Timber LLC. The Board of County Commissioners (BOCC) is tentatively supportive. County Administrator to contact DNR about status of any other exchanges in foothills land transaction project in process • Code Enforcement • No Shoot area petitions from Tala Shores and the Coyle. In Coyle there are 4 signatories to query remaining out of 10 eligible. Chairman Austin to contact and request them to provide written proof of those supporting • DNR Trust Land Transfer at Beausite Lake; DNR's contact at the County will be Frank Gifford • Letter authorizing JeffCom Director Karl Hatton to be State contract recipient Future Agenda Items: • Adjusting BOCC Committee Assignments and travel • Chimacum Community Prevention Coalition and calendaring Page 4 Commissioners Meeting Minutes of August 26, 2013 �l\ Nl nip NOTICE OFADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 3:29 p.m. until the next regular meeting or special meeting as properly noticed. Chairman Austin seconded the motion which carried. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair ATTEST: Phil Johnson, Member Erin Lundgren David Sullivan, Member Clerk of the Board Page 5 District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin DRAFT County Administrator: Philip Morley Clerk of the Board: Erin Lundgren it n,.RAFT MINUTES Week of September 3, 2013 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: A citizen commented that the Guardian ad Litem program for Jefferson County is almost entirely staffed by volunteers and invited those at the Commissioner meeting to attend an information session after public comment period; A citizen stated: 1) Quilcene has had numerous musical events; 2) Quilcene Days will be in two weeks; 3) There will be a meeting for the Metropolitan Park District (MPD) September 10, 2013 at 2:30 p.m. at the Jefferson County Library; and 4) A Guardian ad Litem program is beneficial to abused children; and A citizen stated: 1) There is a desperate need for higher paying jobs in Jefferson County; and 2) People are too emotional over the deer topic in Port Townsend and introducing wolves into the County would help reduce the deer population. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to approve all the items on the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. AGREEMENT, Amendment No. 2 re: Project Management and Coordination Services for the Jefferson County Marine Resources Committee; Additional Amount of $1,175 for a Total Amount Not to Exceed $50,245; Jefferson County WSU Extension; LaRoche and Associates 2. AGREEMENT NO. 2013-29 re: Program Administration and Development Services; In the Amount of $8,785; Jefferson County WSU Extension; North Olympic Salmon Coalition (NOSC) 3. BID AWARD AND EXECUTION OF AGREEMENT re: Construction of Low Impact Development Demonstration Garden for Watershed Stewardship Resource Center, Environmental Protection Agency Grant #PO- OOJ08601 -2; In the Amount of $27,317.26; Jefferson County Community Development; C &J Excavating, Inc. 4. Payment of Jefferson County Vouchers/Warrants Dated August 26, 2013 Totaling $594,742.67 Page 1 Commissioners Meeting Minutes of September 3, 2013 COMMISSIONERS BRIEFING SESSION: The Commissioners each provided updates on the following items: Chairman Austin - Attended a meeting on human ecology of the Puget Sound last week. - Will be attending a meeting in Kent this week on a Public Health improvement program. Commissioner Johnson - Attended an event at the Port Townsend School District with County Administrator Philip Morley and met with teachers and administration staff. - Will be attending an Olympic Region Clean Air Agency (ORCAA) meeting this week. - Will be attending an Integrated Watershed Plan (IWP) meeting this week. Commissioner Sullivan - Will be attending an Olympic Community Action Program (OlyCAP) meeting this week regarding the upcoming Freddy Pink Concert fundraiser event in Sequim on September 28, 2013. Discussion re: Assessor's Office Staffing: Assessor Jack Westerman announced his retirement at the end of this year and provided the Board with a letter which he read aloud stating: "This letter is to serve as official notice regarding my planned retirement at the end of this year. I make this announcement at this time in order to provide you and the Democratic Party with ample time to have someone in place to take over on January 1, 2014..." Chairman Austin asked Mr. Westerman how many years he has been with the County? Mr. Westerman replied that he began working for the County on April 1, 1975 and at that time, had thought he would only be in that position for a couple of years. He ran for office in 1978 and started in his current position in 1979 as the youngest Assessor for Jefferson County. He is also the longest serving elected official in Jefferson County. The Board thanked Mr. Westerman for close to 39 years of service with the County. The meeting was recessed at 9:38 a.m. and reconvened at 1:30 p.m. with all three Commissioners present. DISCUSSION re: Participation in Navy funding: The Department of Community Development (DCD) is seeking the Board's guidance on whether to participate in a Navy funded finalization of Nearshore Assessment Tool project. This is a continuation of the existing In -Lieu Fee (ILF) Program in which DCD participates through the Hood Canal Coordinating Council (HCCC). The Navy requests written confirmation that the HCCC, Hood Canal ILF Program Interagency Review Team (IRT) members and stakeholder group will continue meaningful participation in this effort. DCD staff believes this would be of value to permitting agencies and permit applicants, but without continued participation, Navy funding would be unlikely. Page 2 Commissioners Meeting Minutes of September 3, 2013 Fal The ILF project entailed creating a Draft Nearshore Assessment Tool. At the completion of the existing project as funded, there will be a few steps left that are of benefit including taking the tool from draft to final, including field testing, calibration, developing economic basis for the outputs and creating user documents. DCD staff believes the project in general and specifically the user documents will benefit greatly from Jefferson County staff involvement. Planning Manager Stacie Hoskins stated that she had discussed participation in the program with DCD Director Carl Smith who agreed it would be nice to participate, but at the minimum level possible and use their expertise and local knowledge as the value they add to the project whereas the technical expertise could be done by the actual consultant and other staff members in other jurisdictions. Commissioner Sullivan asked if DCD could do more than their estimated participation? Ms. Hoskins replied saying their work at the DCD office ebbs and flows and they juggle priorities within the office and would do so for this grant if necessary. She stated the DCD has also been working with the Department of Defense on the Joint Land Use Study (JLUS) Grant for which Kitsap County is lead. When DCD first started working on that grant, it appeared that there would be significantly more funding than there is. At this point, the proposal would fund approximately .42 Full Time Employee (FTE) of a planner's time and .04 of the Planning Manager's time would be matched. That grant is 18 months in duration with an active role of around 12 -15 months starting around the end of 2014. The Navy estimates involvement from DCD for the Nearshore Assessment Tool at an average of 2 -5 hours per month of participation over the period of 12 -24 months. The DCD is down one planner but anticipates having a replacement within the next couple of months. The Watershed Stewardship Research Grant ends at the end of September and that will end one of their Planner's roles in the department as well. Some of the larger projects the DCD is currently working on is the Shoreline Master Plan (SMP), the Rain Garden at Castle Hill, and the No Net Loss Grant which goes through December 2014. Commissioner Sullivan moved to direct DCD staff to provide written confirmation to the Navy via the Hood Canal Coordinating Council that Jefferson County is interested in participating in further development of a Nearshore Assessment Tool. Chairman Austin seconded the motion which carried by a unanimous vote. LETTER to Washington State Department of Natural Resources: Chairman Austin stated a motion that was made last week to send a letter to the Washington State Department of Natural Resources (DNR). It was first believed that the property would benefit Fire District No. 2 as they would receive revenue through timber sales, however, he later learned it would benefit State schools. As such, Chairman Austin suggested the Board not send the letter to DNR endorsing the Trust Land Exchange. Commissioner Johnson moved to reverse the earlier motion and not send a letter that was approved last week to the Washington State Department of Natural Resources endorsing the State's acquisition of property in Jefferson County. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Page 3 Commissioners Meeting Minutes of September 3, 2013 Review of County Commissioner Board and Committee Assignments: The Board reviewed and updated the 2013 Commissioner Boards and Committee Assignment list as follows: J't Legislative Steering Committee Board: Commissioner Sullivan will be taking Commissioner Johnson's place. Heritage Caucus meeting added to the list. Meeting times are Wednesdays at 7:00 a.m. during session. Commissioner Johnson will attend as needed. Peninsula Regional Transportation Planning Organization (PRTPO): Monte Reinders will be replacing Josh Peters as alternate. Commissioner Johnson moved to approve the changes made to the Jefferson County Commissioner Board and Committee Assignments. Commissioner Sullivan seconded the motion which carried by a unanimous vote. COUNTYADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • Chairman Austin will be attending a State Board of Health meeting on September 5, 2013 • Chairman Austin will be attending an Ecosystem Regional Network (ERN) meeting on September 6, 2013 • Chairman Austin will be attending the Tourism Coordinating Council (TCC) Executive Session at 10:00 a.m. on September 11, 2013 • Commissioner Sullivan will be attending the initial meeting of the Chimacum Coalition on September 16, 2013 • Commissioner Johnson will be out of the office the morning of September 17, 2013 • Commissioner Johnson will be participating in a conference call with the Legislative Steering Committee (LSC) on September 20, 2013 • Commissioner Sullivan will be attending a Peninsula Regional Transportation Planning Organization (PRTPO) meeting on September 20, 2013 • The Port Townsend Film Festival will be held September 20 -22, 2013 • All 3 Commissioners will be attending the Quilcene Fair on September 21, 2013 • The County Administrator will be attending a Risk Management Exam September 25 -26, 2013 • Chairman Austin will be attending a JeffCom meeting on September 26, 2013 • Chairman Austin will be attending a Peninsula Regional Support Network (PRSN) and Olympic Consortium Board meeting on September 27, 2013 • The Quilcene Ranger Run will be held on September 28, 2013 • County Administrator Philip Morley will be attending a Port Ludlow Village Council (PLVC) meeting on October 3, 2013 • Commissioner Johnson will be out of the office October 30 — November 8, 2013 Page 4 Commissioners Meeting Minutes of September 3, 2013 E�n,, �. Miscellaneous Issues:" • Chimacum Community Prevention Coalition/calendaring: Commissioner Sullivan will cover the first meeting on September 16, 2013. County Administrator Philip Morley will talk with Health Department Director Jean Baldwin on whether there is a need for a Commissioner to participate in the meetings on an ongoing basis. • Barking Dogs • Commissioner Johnson: Safeway in Canada may be discontinuing Atlantic Salmon. • Tala Point proposed No Shooting Zone: Commissioners are ready to hold a public hearing even with a minority of property owners having been queried for support. Question: Should there be "hunting preserves" designated in our Comprehensive Plan to ensure there are areas where land is set aside to assure hunting remains possible in future years? • Shoreline Master Program (SMP) status NOTICE OFADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 3:02 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion which carried by a unanimous vote. SEAL: ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David Sullivan, Member Page 5 District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin County Administrator: Philip Morley DRAFT Clerk of the Board: Erin Lundgren MINUTES Week of September 9, 2013 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. MOMENT OF SILENCE: The Board held a moment of silence in honor of past Superior Court Judge Crad Verser who passed away over the weekend. Chairman Austin opened the floor so the public could say a few words about the late Judge Verser if they wished. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • A citizen of Shine Road stated there is a commercial geoduck operation going on there and 26,000 PVC pipes are sticking out of the sand. He would like to see a moratorium on this activity until it is determined if this is okay; • A citizen questioned why no permit is required to raise geoduck and the County should put a hold on harvesting until the Shoreline Master Plan (SMP) is finalized; • Two residents of Termination Point are concerned about a developer clearing property near their property after stop work permits were issued and they want to know what the County will do about their situation; • A citizen stated the County needs to step in and play hardball with the developer who is clearing land at Termination Point after a stop work order was issued; and • An elected official wants to clear up a comment made during a past meeting from a citizen who wants County funds insured by the FDIC. The official stated the County protection goes well above FDIC protection and is guaranteed at 100 %, FDIC only insures up to $250,000. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 42 -13 re: Finding and Determination to Declare Certain Personal Property as Surplus and Authorize Disposal 2. RESOLUTION NO. 43 -13 re: Creating a County Project Designated as Uncas Road Culvert Replacement 3. AGREEMENT NO. 1363 -80445 re: Washington State Aggression Replacement Training (WSART); In the Amount of $16,440; Jefferson County Juvenile Services; Washington State Department of Social and Health Services (DSHS) Page 1 Commissioners Meeting Minutes of September 9, 2013 4. AGREEMENT re: Site Hazard Assessment 461400038; In the Amount of $39,850; Jefferson County Public Health; Washington State Department of Ecology 5. AGREEMENT, Amendment No. 10 re: 2012 -2014 Consolidated Contract; Additional Amount of $132,038 for a Total of $1,237,845; Jefferson County Public Health; Washington State Department of Health 6. AGREEMENT re: Individual Employment and Individual Technical Assistance; In the Amount of $38,964; Jefferson County Public Health; Concerned Citizens Contract Services 7. Payment of Jefferson County Payroll Warrants Dated September 5, 2013 Totaling $794,919.85 Approval of Minutes: Chairman Austin pointed out a correction to the July 15, 2013 minutes on Page 5 on the second line it reads: "...clarify some of the facilities..." should read "...describe some of the facilities..." Also, in the same paragraph it reads: "...1,090 members provide the maintenance for..." should read "1,090 members provide the maintenance funding for..." Commissioner Johnson moved to approve the regular meeting minutes of July 15, 2013 as corrected and the regular meeting minutes of July 22, 2013 as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION. The Commissioners each provided updates on the following items: Chairman Austin - Attended the Wooden Boat Festival in Port Townsend. - Will be attending an upcoming Olympic Consortium Board meeting in Sequim. - Will be attending a breakfast next month to benefit the mentally ill. Commissioner Johnson - Will be attending an Olympic Region Clean Air Agency (ORCAA) meeting this week. - Will be going to the Governor's Office this week to schedule a meeting with the Governor re: net pens. - Will be working with Environmental Health regarding marine spatial planning. Commissioner Sullivan - Attended an Olympic Area Agency on Aging (03A) meeting last weekend and reported their finances are looking stable. - Attended the Wooden Boat Festival in Port Townsend. - Expressed appreciation for the local newspapers doing a good job of getting the word out there. The meeting was recessed at 9:40 a.m. and reconvened at 10:00 a.m. with all three Commissioners present. Page 2 Commissioners Meeting Minutes of September 9, 2013 VRAFT UPDATE re: Washington State Department of Natural Resources 2nd Quarter County Income Report: Washington State Department of Natural Resources (DNR) State Lands Assistant Drew Rosanbalm was present to review the 2nd Quarter County Income report. Regional Manager Sue Trettevik was unable to attend the meeting. Mr. Rosanbalm first addressed the letter from Public Lands Commissioner Peter Goldmark dated July 13, 2013 and pointed out the following correction in the first sentence of the second paragraph: "Net value under contract for harvest after calendar year 2013 is estimated at ,$873, 000." This figure should be 1.4 million he stated, which is the net value under contract starting in 2014. The revenue from timber harvests on State Forest Board lands in Jefferson County is distributed to the various taxing districts in which forests are located. DNR's actual and projected timber harvest from State Forest Board Trust lands directly impact County revenues in 2013 and revenues projected for 2014 within the County's General, Road Fund and Conservation Futures Fund, as well as revenues to a wide variety of junior taxing districts which contain State Forest Board lands. Timber sales reports were reviewed by Mr. Rosanbalm. Center 12 project is rolling right along and is bringing in about $20,000 a month. Their sales have been steady, but slow. Once Coyle Retreat gets going, the County should see a lot more revenue coming in. Since Coyle did not build a road this summer, they haven't brought in revenue as expected. They will probably finish by next summer though. There are six units around $3 million dollars. One unit is located on the Dabob Bay side and a few further north. The layout for the Penny Waterline project has been completed and the cruiser is headed there this week. The pre -sales packet for that project should be done by the middle of October and is scheduled for a February sale. The West End market is still struggling due to the price of natural gas being so low and they are finding it hard to compete. Mr. Rosanbalm stated they are considering helping the public out by issuing permits to citizens so they can obtain pulp for firewood. The aforementioned pulp was left behind from a project as it was not cost effective for the previous handlers to haul it. DNR is currently selling this pulp for $1 a ton. The market on pulp is constantly changing. When the biomass boiler is done, it should help the pulp market. Interrorem on the north side of the Duckabush is being worked on now and will probably go up for sale in March. Mr. Rosanbalm stated that 2015 is being anticipated as a big year for housing so prices for contracts that spill over will get better.. He explained to the Board that DNB's fiscal year is July to July and that the 2015 plan should be ready by next quarter. Revenue distributions for the next 18 months will be reduced as DNR makes deductions to correct prior over - distributions which occurred in prior years when DNR misidentified harvests from certain tracts that were in Common Schools or other Trusts, and incorrectly coded them as harvests from State Forest Board Trust lands instead. Mr. Rosanbalm stated that he met with Treasurer Judi Morris and reviewed the issue with her. Chairman Austin mentioned to Mr. Rosanbalm that the Paradise Bay Water District was hoping for a long term lease on 10 acres. County Administrator Philip Morley elaborated that their request is not just Page 3 • Commissioners Meeting Minutes of September 9, 2013 matter of them wanting to secure the location to insure that they can continue to operate there, it is also tied toward their ability to make investments in improving the system so they can show, for financing purposes, that it has a useful life. Mr. Rosanbalm stated he remembered hearing about it and will follow up with his staff. He also stated that his staff would be following up on the Trust Land Transfer between Beausite and Gibbs as previously addressed by Chairman Austin. The meeting was recessed at 10:34 a.m. and reconvened at 1:34 p.m. with all three Commissioners present. Discussion re: Auditor's Office Staffing: Auditor Donna Eldridge, Chief Deputy Auditor Karen Cartmel and Budget Consultant Anne Sears were present to discuss the staffing changes in the Auditor's Office. County Administrator Philip Morley briefed the Board on the basis for the request. The Auditor's Office is requesting a budget commitment to continue indefinitely an Administrative Clerk II position originally funded and approved for one year only (2013), and to increase the hours of the position to 35 hours per week. The incumbent in that position left in the middle of 2013 and the Auditor is seeking certainty for future budget years in order to be able to attract a qualified replacement now. The Deputy Auditor's position (Exempt Grade 16) will be replaced with an Elections Coordinator (UFCW Grade 32) position at the beginning of 2014. Deputy Auditor Cartmel's position is being vacated through a planned retirement at the end of this year. Auditor Eldridge stated she had previously met with the Board members individually and they know what the issues are. She asked if the Commissioners had any questions for her? Commissioner Sullivan referenced data from Auditor Eldridge's letter regarding over half of the licensing transactions are now happening online. Auditor Eldridge stated that although that is true, Auditor staff still processes around 98 of in- office licensing transactions a day. She added that Jefferson County now provides Quick Title which is $50 extra and her office has to provide title the same day. The Jefferson County Auditor's Office also generates passports for the public. The time spent on customers needing passports can range from a few minutes to a half an hour and often times entire families come into the office needing passports. Some passports are more complicated than others, such as out of country birth certificates and these types of situations are time consuming for Auditor staff. A typical passport takes 4 -6 weeks after paperwork is processed. Another issue that was reported is that staff is not being able to take lunch and breaks at certain times and sometimes aren't able to take them at all. Commissioner Sullivan asked how the Auditor is handling this issue? Auditor Eldridge stated that at 4:30 p.m. the doors close to the public, but if someone is in line, then they still would take care of them. If the budget request is not granted the office will have to stop processing passports and close the office for lunch from 12:00 p.m. to 1:00 p.m. Auditor Eldridge stated that the Auditor's Office coverage is so slim that sometimes staff is unable to use the restroom. Chairman Austin asked if other Department of Licensing (DOL) offices close for lunch? Auditor Eldridge replied that there are some DOL offices that close for lunch. Page 4 F Commissioners Meeting Minutes of September 9, 2013 The ballot tabulators in the Auditor's Office are depreciating out and Auditor Eldridge has been looking into outsourcing this process. She stated this would ultimately be a decision for the new Auditor. The step increase policy was reviewed by Chairman Austin who mentioned that every year the County budget would have to increase to cover steps. Budget Consultant Anne Sears commented that she saw a problem with allowing departments to take the savings between bottom step and top step as Auditor Eldridge had suggested. She stated that in the future there would need to be a big increase in the 5 year projection and having to possibly look at job cuts to accommodate. The budget deadline was last week and County Administrator Morley stated that the Auditor's Office met the deadline. For the General Fund, Ms. Sears and County Administrator Morley have set "Budget Targets" for each department to anticipate what individual departments may be requesting for 2014. The cumulative ask for the General Fund was $677,218 more than they anticipated. County Administrator Morley handed out a sheet titled "Jefferson County General Fund — 2014 Budgets Targets." He also suggested sending the same handout to other departments in the County and ask them to review it for additions or revisions if needed. Commissioner Sullivan stated that of the asks, duties that are mandated would have a higher priority. Chairman Austin commented that all asks would be need to be reviewed. Auditor Eldridge stated the Auditor's Office has to keep up with the expectations of the public. When it comes to licensing, the office has to keep up to speed on public assistance or they could lose the licensing portion of their services which would be a loss to the County. Commissioner Sullivan stated the Board is not saying no at this time and that they are still reviewing the budget. No decision was made at this time. The meeting was recessed at 2:46 p.m. and reconvened at 2:57 p.m. with all three Commissioners present. Continued discussion re: Auditor's Office staffing: County Administrator Philip Morley stated that the economy is still in an uncertain time. Procedurally, it would be difficult to promise funds for an Auditor position before all the asks were looked into. He suggested funding a part time position for the Auditor's Office. The Board agreed to this. Commissioner Sullivan pointed out that any budget addition made during this time of the year may change when the 2014 budget comes out. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • Commissioner Sullivan will attend a telephone conference for the Peninsula Regional Transportation Organization (PRTPO) on September 9, 2013 • Chairman Austin will be attending the Tourism Coordinating Council (TCC) meeting at 10:00 a.m. on September 11, 2013 • Chairman Austin will be attending a Tarboo Valley tour on September 13, 2013 Page 5 Commissioners Meeting Minutes of September 9, 2013 Miscellaneous Issues: • Employment Services Managers and Worksource Development is looking at using Olympic Community Action Programs (OlyCAP) space • Chris Moore; courthouse grant funds $2 million. Central Services Director Frank Gifford to receive grant application • Law enforcement request re: Developer Mr. Trask. The Department of Community Development is coordinating with the County Prosecutor and the Sheriff's Office on a response • Dungeness River having a 50 year record salmon return • Notice to the North Olympic Salmon Coalition (NOSC) and Uncas Road culvert project approval today by the Board of County Commissioners • Pre - Metropolitan Park District (MPD) Steering Committee meeting discussion • Economic Development meeting Team Jefferson and the Port on November 20, 2013 NOTICE OFADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 3:51 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion which carried by a unanimous vote. SEAL: ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David Sullivan, Member Page 6