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M112221 - to include Hearing Comment re: Emergency Moratorium
L4 4, .4J r, MINUTES Regular Meeting — November 22, 2021, 9:00 a.m. Jefferson County Courthouse—Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA CALL TO ORDER: Chair Kate Dean, Commissioner Greg Brotherton and Commissioner Heidi Eisenhour participated in the meeting remotely. Chair Dean called the meeting to order at the appointed time. She noted that due to the power outage during the November 15, 2021 Board of County Commissioners (BOCC)meeting,the Hearing on the Ad Valorem Tax Levies would be re-noticed and be held on December 6, 2021. PUBLIC COMMENT PERIOD: The following is a summary of comments made virtually by individuals in attendance at the meeting and reflect their personal opinions: • Comment regarding COVID-19 vaccinations and statistics. • Comment regarding COVID-19 vaccinations and statistics. • Comment regarding the COVID-19 mandates and 8 of the 12 Jefferson County deaths were in the fully vaccinated. • Comment regarding support of the Olympic Discovery Trail (ODT)project from Four Corners to the Anderson Lake State Park boundary (Consent Agenda Item No. 5). • Comment regarding a local resident experience adverse effects of the COVID-19 vaccine. • Comment regarding support of the Commissioners in their decisions regarding COVID-19. • Comment regarding support of the previous comment and support of COVID-19 vaccinations. The Commissioners addressed comments and concerns raised during the Public Comment Period as well as addressed written comments received. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Brotherton moved to approve the items on the Consent Agenda as presented. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. 1. HEARING NOTICE re: Setting 2022 Ad Valorem Tax Levies; Hearing Scheduled for Monday, December 6, 2021 at 11:15 a.m. in the Commissioners' Chambers at the Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend, WA(VIRTUAL) 2. HEARING NOTICE re: Interim Ordinance Setting Forth Regulations Concerning the Establishment and Processing of Applications for Temporary Homeless Facilities in Unincorporated Jefferson County; Hearing Scheduled for Monday, December 13, 2021 at 10:30 a.m. in the Commissioners' Chambers at the Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend, WA (VIRTUAL) 1 Commissioners Meeting Minutes of November 22,2021 3. AGREEMENT, Supplement No. 2 re: Final Design, Port Hadlock Sewer Project; In the Amount of$1,472,665 as a Direct Appropriation though Department of Commerce and Change in Time for Performance; Jefferson County Public Works; Tetra Tech, Inc. 4. AGREEMENT, Supplement No. 2 re: State Route (SR) 116 and Cedar Avenue Pedestrian/Bike Improvement Project, Project No. 1802057, County Road No. 637109; No Dollar Amount, Extension of Completion Time Only; Jefferson County Public Works; Clark Land Office, PLLC 5. AGREEMENT re: Olympic Discovery Trail Anderson Lake Connection; In the Amount of $3,810,720; Jefferson County Public Works; Washington State Recreation and Conservation Office (RCO) 6. AGREEMENT re: Thorndyke Road M.P. 4.71 Culvert Replacement; In the Amount of $1,659,860; Jefferson County Public Works; Washington State Recreation and Conservation Office (RCO) 7. AGREEMENT re: Nurse Family Partnership (NFP) Home Visiting Services; In the Amount of $399,480.29; Jefferson County Public Health; Washington State Department of Children, Youth and Families (DCYF) 8. AGREEMENT re: Support of the North Pacific Coast Marine Resources Committee (NPC MRC)and its Projects; In the Amount of$40,000; Jefferson County Environmental Public Health; Washington Department of Fish and Wildlife (WDFW) 9. AGREEMENT re: Entry and Lateral Deputy and Corrections Testing for Jefferson County Sheriff's Office Hiring; In the Amount of$1,116 for 2022, 3% increase in 2023; Jefferson County Civil Service Commission; Public Safety Testing 10. FINAL SHORT PLAT APPROVAL re: "McLuen Short Plat", MLA18-00039/SUB2018- 00014; Located at 4932 State Route (SR) 20; Jefferson County Department of Community Development 11. MINUTES re: Regular Meeting Minutes of November 8, 2021 and Special Meeting Minutes of November 8, 2021 (WSAC Virtual Assembly) 12. Payment of Jefferson County Vouchers/Warrants Dated November 15, 2021 Totaling $240,773.38 (Records of all claims submitted for payment along with vouchers approved and signed by the Board of Jefferson County Commissioners are retained by the Jefferson County Auditor and Public Works Department.) 13. Payment of Jefferson County Payroll Warrants Dated November 19, 2021 Totaling $71,349.13 and A/P Warrants Done by Payroll Dated November 19, 2021 Totaling $13,914.74 (Records of all claims submitted for payment along with A/P Warrants approved by the Payroll Services Manager are retained in the Jefferson County Auditor's Office) COMMISSIONERS' BRIEFING SESSION: The Commissioners discussed recent meetings they attended. WEEKLY UPDATE re: COVID-19: Public Health Officer Dr. Allison Berry provided information on the COVID-19 virus in Jefferson County and Emergency Management Director Willie Bence provided a situation report. COMMISSIONERS' BRIEFING SESSION - Continued: The Commissioners continued discussing recent meetings they attended and reviewed upcoming meetings. 2 Commissioners Meeting Minutes of November 22, 2021 The meeting was recessed at 10:27 a.m. and reconvened at 10:32 a.m. with all three Commissioners present. HEARING re: Emergency Moratorium re: Legal Lots of Record and Plats, Ordinance 05-1004-21 and Ordinance No. 06-1011-21: Department of Community Development (DCD)Director Brent Butler, Environmental Health Director Pinky Mingo, Associate Planner Shannon Cartmel and Associate Planner Bryan Benjamin were present for the hearing. Director Butler explained the emergency moratorium and reviewed what will be discussed during the hearing: Emerging issue, key terms and definitions, what is subject to the moratorium, what are the exceptions, scope of work, and budget and timeline. Associate Planner Cartmel reviewed exceptions to the moratorium and Associate Planner Benjamin explained the scope of work. Director Butler reviewed the budget and timeline. The DCD Director and staff answered questions posed by the Board. Chair Dean opened the hearing for public testimony. The following individuals provided testimony: Craig Durgan, Scott Braman, Tom Thiersch and Jeff Black. Hearing no further testimony, Chair Dean closed the public hearing. Director Butler stated that he would like to schedule a hearing in December to repeal and replace the ordinance that may be approved today,to potentially include additional exceptions. Chief Civil Deputy Prosecuting Attorney Philip Hunsucker joined the deliberations and explained that today's hearing is to either approve or not approve the emergency ordinances. At the next hearing on the issue, the Commissioners can decide if they would like to amend the ordinances or shorten the length of time. After discussion, Commissioner Eisenhour moved to authorize the Interim County Administrator to approve consultant expenses not to exceed$15,000 to implement the workplan's outreach and analysis objectives and to include an additional $15,000 in the operating transfer to DCD for 2022. Commissioner Brotherton seconded the motion which carried by a unanimous vote. Commissioner Brotherton moved to authorize the scheduling of a workshop on December 6, 2021, followed by a public hearing on December 20, 2021 to consider additional exemptions and modifications. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. Commissioner Brotherton moved to approve ORDINANCE 05-1004-21 and ORDINANCE NO. 06- 1011-21. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. Director Butler and Chief Civil DPA Hunsucker suggested sending the issue of a permanent ordinance to the Planning Commission for recommendation. Commissioner Brotherton moved to send the issue of the permanent ordinance to the Planning Commission to get their recommendations. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. DISCUSSION re: 2022 Lodging Tax Funding Recommendations from the Lodging Tax Advisory Committee (LTAC): Commissioner Eisenhour reviewed the recent LTAC recommendations with the Board. After discussion, Chair Dean opened up the meeting to allow for 3 Commissioners Meeting Minutes of November 22, 2021 Public Comment. One individual provided comment. Commissioner Brotherton moved to approve the current LTAC recommendations as presented. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. The meeting was recessed at 12:03 p.m. and reconvened at 1:31 p.m. with all three Commissioners present. DISCUSSION re: Jefferson County Public Records Act Compliance Policy: Interim County Administrator Mark McCauley and Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker briefed the Board on the proposed resolution that would amend the County's Public Records Act Compliance Policy and a proposed ordinance that would amend the County's Public Records Request Cost Schedule. Chief Civil DPA Hunsucker explained why the Board did not need to hold a hearing for the proposed changes. After discussion, Chair Dean opened the meeting to allow for Public Comment. There was one person attempting to provide a comment, but they were experiencing technical difficulties. Commissioner Brotherton moved to adopt ORDINANCE NO. 07-1122-21 re: Amending Jefferson County Code Section 2.25.020(4) and the Public Records Request Cost Schedule in the Appendix Fee Schedules to the Jefferson County Code to Eliminate Separate Charges for Attachments to Produced Emails. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. Commissioner Brotherton moved to approve RESOLUTION NO. 68-21 re: Revising Jefferson County Public Records Compliance Policy to Eliminate Separate Charges for Attachments to Produced Emails. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. WORKSHOP re: Moderate Risk Waste Facility: Public Works Director/County Engineer Monte Reinders, Solid Waste Manager Al Cairns, Port of Port Townsend Executive Director Eron Berg and Port of Port Townsend Deputy Director Eric Toews were present for the workshop. Deputy Director Toews explained the Port of Port Townsend's request with the Board. Solid Waste Manager Cairns providing the Commissioners with options which included: building a new facility elsewhere, substitute collection events and agreements with other counties for a fixed facility, decline the Port of Port Townsend's request until a replacement facility is constructed, or negotiate a lease rate with the Port of Port Townsend based on similar tenant rates. The Board decided to table discussion on the issue for a future meeting. WORKSHOP re: Elected Support with Draft Letter of Support for Grant Funding for Remedial Investigation Feasibility Study on Mike Anderson's Property Located at 890 Old Hadlock Road: Environmental Health Director Pinky Mingo met with the Board to discuss issues at a property located at 890 Old Hadlock Road, Port Hadlock. She stated that she is currently working on a grant application that if approved, will fund a remedial investigation feasibility study. After discussion, Commissioner Eisenhour moved to sign a letter of support for the grant application to the Washington State Department of Ecology to deal with remediation of Mike Anderson's property and to authorize the Chair to sign on behalf of the Board. Commissioner Brotherton seconded the motion which carried by a unanimous vote. 4 Commissioners Meeting Minutes of November 22, 2021 LETTER of SUPPORT re: Jefferson County PUD's Request re: Washington State Broadband Office(WSBO) Grant for Broadband: Commissioner Brotherton stated that he is in support of the Jefferson County Public Utility District(PUD)'s request for broadband grant funding. PUD Communications Director Will O'Donnell stated that the PUD is currently seeking a variety of grants, and the WSBO grant is requesting a letter from the County showing support. He noted that the total project cost is around $8 Million and that the PUD will be paying 10% of the grant which is $750,000, and they are seeking a match of$750,000 to make their grant application more competitive. The Commissioners stated they would discuss later in the meeting the possibility of using American Rescue Plan Act(ARPA) funds to assist with the match. Commissioner Brotherton moved to approve signing the letter of support for the Washington State Broadband Office grant application. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. ADDITIONAL BUSINESS: LETTER of SUPPORT re: Rural Population of Health and Quality Early Childhood Education: Chair Dean explained Jefferson Healthcare's request for the County to produce a Letter of funding commitment of$290,000 and a Letter of Support to be submitted with a grant they are applying for regarding acquisition and renovations of a childcare site to meet functional licensing requirements. She provided a draft version of the letter for the Commissioners to review. Commissioner Brotherton moved to approve the text for a letter of support for the`Jefferson Healthcare grant application and also fill out the additional paperwork confirming our financial support to this grant match. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. APPROVAL of JOINT RESOLUTION re: INTERGOVERNMENTAL COLLABORATIVE GROUP (ICG): Chair Dean stated that the proposed joint resolution was discussed during the latest ICG meeting and was already approved by the Port of Port Townsend and the Jefferson Public Utility District(PUD)No. 1. Commissioner Brotherton moved to approve RESOLUTION NO. 69-21 a Joint Resolution re: Intergovernmental Collaborative Group (ICG) 2022, to sign in support of the Joint Resolution with Jefferson County, the City of Port Townsend, the Port of Port Townsend and the Jefferson Public Utility District, establishing a multi-governmental process for collaborating on issues of mutual importance. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. ADDITIONAL BUSINESS: DISCUSSION re: Jefferson County PUD's Broadband Grant Match: Interim County Administrator Mark McCauley reviewed the American Rescue Plan Act (ARPA) available funds with the Board. He explained that the County could potentially match $750,000 of the grant. PUD Communications Director Will O'Donnell was asked which one of the grants the PUD was applying for would benefit most from a grant match? He stated that the Washington State Broadband Office (WSBO) grant would be the most beneficial for a grant match. He added that by getting a 20% or greater grant match, would give their application the maximum points for scoring. After discussion, Commissioner Brotherton moved to commit $750,000 from ARPA funds to add a 10% grant match to the PUD's Washington State Broadband Office WSBO grant application due November 30, 2021, and contingent upon the PUD receiving the grant. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. 5 Commissioners Meeting Minutes of November 22, 2021 The meeting was recessed at 3:25 p.m. and reconvened at 3:30 p.m. with all three Commissioners present. EXECUTIVE SESSION: An Executive Session was scheduled from 3:30 p.m. to 3:45 p.m. Chair Dean announced that the Executive Session will be held from 3:31 p.m. to 3:46 p.m. regarding Attorney-Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. Staff present: Interim County Administrator/Central Services Director and Chief Civil Deputy Prosecuting Attorney. The Board resumed the regular meeting at 3:47 p.m. Chair Dean announced that the Board will be extending the Executive Session from 3:48 p.m. to 4:03 p.m. The Board concluded the Executive Session and resumed the regular meeting at 4:03 p.m. Commissioner Eisenhour moved that the Board accept the Risk Pool's offer to provide counsel in a joint defense with Clallam County to defend the claims made by Brian Wilson and/or anyone related to him. Commissioner Brotherton seconded the motion which carried by a unanimous vote. COMMISSIONERS' BRIEFING SESSION- Continued: The Commissioners continued discussing recent meetings they attended, upcoming meetings and miscellaneous topics. COUNTY ADMINISTRATOR BRIEFING SESSION: Interim County Administrator/Central Services Director Mark McCauley reviewed the following with the Board. • American Rescue Plan Act(ARPA) funds for small businesses • Draft Fire Code; Fireworks ordinance draft in process • ADDITIONAL BUSINESS: MOTION re: ACTING CHAIR: Chair Dean moved to appoint Commissioner Brotherton as Acting Chair for the December 6, 2021 public session. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. Chair Dean will be out of the Country during that meeting, but will try to attend the morning session. • December 27, 2021 Board of County Commissioner(BOCC) meeting: The Board agreed to tentatively cancel the last BOCC meeting of the year NOTICE OF ADJOURNMENT: Chair Dean adjourned the meeting at 4:15 p.m. until the next,regular meeting or special meeting as properly noticed. JEFFERSON COUNTY �. BOARD OF COMMISSIONERS SEAL. • a ' • Api9YD -ed ph/ ce-ai " Kate De , Chair r. • 3 «' ATTEST: g Bro erton, Member (Q aGt Carolyn Z'rallaway, CMC -i s' Eisenllour, Member Clerk of the Board 6 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Brent Alfred Butler, Director, Community Development Jodi Adams, Permit and Building Manager David Wayne Johnson,Interim Planning Manager DATE: November 8, 2021 SUBJECT: HEARING NOTICE re: Adoption of Two Emergency Ordinances: Ordinance 05-1004-21 and Ordinance 06-1011-21 (which repealed and replaced Ordinance 05-1004-21), both Relating to Land Use and Building Regulations and Declaring an Emergency; Establishing a Moratorium on Acceptance and Processing of Applications that Require Recognition of Legal Lots of Record and Plats in Existence Prior to September 7, 1971 for the Purpose of Further Development; Virtual Hearing to be scheduled for November 22, 2021 at 10:30 a.m. STATEMENT OF ISSUE: The Board of County Commissioners ("BoCC") is requested to consider holding a public hearing and reviewing findings of fact adopted as a part of adoption of two emergency ordinances, the first on October 4, 2021(Ordinance 05-1004-21) and the second on October 11, 2021 (Ordinance 06- 1011-21). The BoCC recently adopted both of these emergency ordinances, which placed an immediate moratorium on acceptance of certain development applications which require recognition of a legal lot of record or a plat in existence prior to September 7, 1971. Ordinance 06-1011-21 repealed and replaced Ordinance No. 05-1004-21. Even though Ordinance 05-1004- 21 was repealed, the BoCC is still required by law to hold a public hearing and consider findings on that ordinance, as well as Ordinance 05-1011-21, which replaced it. ANALYSIS: RCW 36.70A.390 and RCW 36.70.795 both provide that the County may enact an emergency interim control or moratorium as a way to a way to preserve the status quo so that new plans and regulations will not be rendered moot by intervening development. Both emergency ordinances were adopted pursuant to these statutes, and the BoCC did not conduct public hearings prior to adoption. Both RCW 36.70A.390 and RCW 36.70.795 require that if no public hearing is held prior to adoption, the BoCC must hold a public hearing within 60 days of the emergency adoption of the ordinance. To comply with this requirement, the BoCC must hold a public hearing prior to December 3, 2021. 1 Therefore, I request the BoCC hold this public hearing on November 22, 2021 at 10:30 a.m. On November 22, 2021, as part of your regular meeting,the BoCC would take public testimony on the adopted emergency ordinances. The BoCC would also review the findings of fact adopted in these ordinances and either reaffirm or modify those findings. The workplan may also be discussed at the hearing. The Public can view related documents at the following link: https://www.co.jefferson.wa.us/260/Community-Development RECOMMENDATION: Approve the request to put the public hearing on Ordinances 05-1004-21 and 06-1011-21 on the agenda for November 22, 2021 at 10:30 a.m. REVIEWED BY: "ftzt. l/ 5 Mark McCaul nterim County Adminit tor Date 2 Please publish 2 times: November 10 and 17, 2021 Bill to Jefferson County Commissioners Non-departmental Fund PO Box 1220 Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING BEFORE THE JEFFERSON COUNTY BOARD OF COMMISSIONERS REGARDING THE EMERGENCY ADOPTION OF ORDINANCE 05-1004-21 ON OCTOBER 4, 2021 AND THE EMERGENCY ADOPTION OF ORDINANCE 06-1011-21 (WHICH REPEALS AND REPLACES ORDINANCE 05-1004-21), BOTH RELATING TO LAND USE AND BUILDING REGULATIONS AND DECLARING AN EMERGENCY; ESTABLISHING A MORATORIUM ON ACCEPTANCE AND PROCESSING OF APPLICATIONS THAT REQUIRE RECOGNITION OF LEGAL LOTS OF RECORD AND PLATS IN EXISTENCE PRIOR TO SEPTEMBER 7, 1971 FOR THE PURPOSE OF FURTHER DEVELOPMENT NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for MONDAY, November 22, 2021 at 10:30 a.m. in the Commissioners’ Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (NOTE: No In-Person Attendance Allowed (Per Jefferson County RESOLUTION No. 45-21)), and said notice of said hearing be published in the official newspaper of Jefferson County, and that at said hearing any interested person may appear virtually and be heard for or against the ordinance. To participate virtually, you will need to join the meeting by 10:30 a.m. To participate via Zoom, click on https://zoom.us/j/93777841705. To participate via telephone dial 1-253-215-8782 and enter access code: 937-7784-1705# by 11:30 a.m. To view this meeting live with no participation, or to view documents, go to www.co.jefferson.wa.us Follow the links under “Quick Links: Videos of Meetings: Today.” Access for the hearing impaired and others can be accommodated using Washington Relay Service at 1-800-833-6384. The public hearing is being held pursuant to RCW 36.70A.390 for the purpose of receiving public testimony on two ordinances that were adopted by emergency action: Ordinance 05-1004- 21 on October 4, 2021, and Ordinance 06-1011-21 on October 11, 2021 (which repealed Ordinance 05-1004-21 and replaced it with a new ordinance, also adopted as an emergency). Ordinance 05-1004-21 adopted the following emergency moratorium: “The County hereby establishes an immediate moratorium on the acceptance, processing, review or issuance of any land use permit or approval, building application, or other development application which requires recognition of a legal lot of record or plat in existence prior to September 7, 1971, including but not limited to: an application for boundary line adjustment, binding site plan, plat alteration, segregations, or exemptions pursuant to JCC 18.35.040 and JCC 18.30.050. A land use application means any permit or approval issued under JCC Title 18.” The ordinance included eight exceptions to the moratorium for the following activities: repair, remodel, and expansion of an existing septic system or an existing single family or multi-family residences, development of one new single-family residence, any development already deemed complete as of October 4, 2021 or on a lot already recognized by the County, any development on lots that meet the existing zoning classification, development of publicly-funded housing for persons experiencing homelessness or low-income households, and any development within the Irondale and Port Hadlock Urban Growth Area Overlay District. Ordinance 06-1011-21 repealed and replaced Ordinance 05-1004-21, and adopted the following emergency moratorium: “The County hereby establishes an immediate moratorium on the acceptance, processing, review or issuance of any application for a permit for boundary line adjustment, binding site plan, plat alteration, segregations, or exemptions pursuant to JCC 18.35.040 and JCC18.30.050, any application for an on-site sewage system permit pursuant to Chapter 8.5 JCC or any request for lot certification through any uncodified process or procedure, which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971.” The ordinance included nine exceptions to the moratorium for the following activities: repair, remodel, and expansion of an existing septic system or an existing single family or multi-family residences, development of one new single-family residence, any development already deemed complete as of October 4, 2021 or on a lot already recognized by the County, any development on lots that meet the existing zoning classification, development of publicly-funded housing for persons experiencing homelessness or low-income households, any development within the Irondale and Port Hadlock Urban Growth Area Overlay District, and any development of an essential public facility, or development by any public entity. Both ordinances also identify a workplan already developed by the Department of Community Development which would allow for the study of this issue and development of a new code that regulates the recognition and development of such lots and plats within Jefferson County. On November 22, 2021, as part of their Regular Meeting, the Board of County Commissioners will take public testimony and review the findings of fact adopted in Ordinance 05-1004-21 and 06-1011-21, and either reaffirm or modify those findings. The workplan may also be discussed at the hearing. The public may view the ordinances by visiting www.co.jefferson.wa.us; click on Latest News and follow the posting regarding this Hearing. The Public can view related documents at the following link: https://www.co.jefferson.wa.us/260/Community-Development In addition, written testimony is also invited beginning on November 10, 2021 and ending on November 22, 2021 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Written public testimony may be submitted by Email to: jeffbocc@co.jefferson.wa.us; or by Mail to: Jefferson County Commissioners’ Office; PO Box 1220, Port Townsend, WA 98368. To provide oral testimony, dial 1-253-215-8782 and enter access code: 937-7784-1705# by 10:30 a.m. so your call can be taken. Testimony must be received by the Board of County Commissioners by the end of the hearing public comment period. th Approved and signed this 8 day of November, 2021. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair • jeffbocc From: Craig Durgan <durgan@olympus.net> Sent: Thursday, November 11, 2021 9:21 AM To: jeffbocc Subject: Emergency Ordinance regaring Boundary Line Adjustments ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello, This comment is in regards to the public hearing to be held on November 22, 2021 First, I do not understand why you are declaring an emergency. The county is in compliance with the GMA. The platted land was in existence when the county adopted the GMA. So, you are not out of compliance. There is no down side liability to the county. You know we need more housing of every type. If you shut this down people will find a way. People with money always find a way. They can just start buying up lots in Irondale and upgrade to big homes. Then the people there will have to move. All the renters will be out of luck. My take is to just let it happen. Make sure to have the developer pay any legal should someone try to sue. I understand that there maybe some of the current residents n Cape George that are screaming because they are NIMBY's. Growth comes with a cost. Can't stop growth no matter what you do. Sincerely, Craig Durgan 1 jeffbocc From: Sonny Flores <nic.rodeo@gmail.com> Sent: Thursday, November 11, 2021 6:28 AM To: jeffbocc Subject: Pre approved ADU ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello Commisioneer's, today while reading on the Housing Solutions Network website I read the following; • 'Pre-approved ADUs' are units that have been accepted as well-designed and are permit-able by a municipaltities. This can expedite the ADU process for builders. Jefferson County and the City of Port Townsend are both considering following pre-approved models from Clallam County and the City of Seattle. Has this idea of Pre Approved ADU's moved forward/accepted for Port Townsend by our Commisioneer's? Thanks for all your work in our community. Sonny Flores 206-290-1020 1 jeffbocc From: SY <syanof@yahoo.com> Sent: Saturday, November 13, 2021 11:19 PM To: jeffbocc Cc: John Mauro Subject: Your Role in Supporting Affordable Housing? Follow Up Flag: Follow up Flag Status: Flagged ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Dear Jefferson County Commissioners, I recently became aware of the proposed Madrona Ridge development in the Discovery Rd/Ranier St area, and the proposed property tax hike. I am concerned such proposals may intensify Port Townsend's affordable housing crisis and failure to support working families and those with fixed and limited incomes. These are some of our most pressing problems. Can you lead the way to solutions? For example, to support affordable housing, new housing developments should be as high density as possible and include ample small and multi-family units, integrate into existing neighborhoods, and property taxes should be structured to sustain home owners with limited incomes and to help curtail the soaring property values that have been making our community less liveable and accessible. In addition, to align with community values housing development should create and preserve open space and natural areas. Non- inclusive housing development and fueling the current runaway real estate market is not in the public interest and a bad option for increasing public revenue. Please explain how the Madrona Ridge development and increased property taxes are promoting affordable housing? Please find alternative ways to increase revenue while supporting affordable housing and sustaining our community and its values. Sincerely, Steven Yanoff 611Scott St Port Townsend, WA 1 jeffbocc From: steve.moore.822@gmail.com Sent: Sunday, November 14, 2021 12:52 PM To: jeffbocc Subject: Housing crisis ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello BOCC members, As you all may know, I have gotten involved in the housing crisis in Jefferson County—through HSN and through Bayside Housing and Services. As usual, this lovely grass-roots community is doing all it can to try to alleviate a problem—this time our housing crisis. Now it is your turn to do so. As written in the Free Press (a publication I often disagree with), ), raising property taxes yet again as we continue to struggle with the pandemic, with inflation, and with stagnant wages, is just wrong. I would think that finding creative and effective solutions to our housing crisis would be Job 1 for our BOCC— but that appears not to be the case, which is disappointing. Please do not increase, yet again, the property tax levee and further challenge those who somehow can own property or rent in Jefferson County.Thank you, Steve Moore 2904 Jackman Street Port Townsend, WA 98368 1 jeffbocc From: Tom Thiersch <tprosys@gmail.com> Sent: Friday, November 19, 2021 1:57 PM To: jeffbocc Subject: TESTIMONY: Moratorium hearing, Pre-1971 Lots and Plats, November 22, 2021 ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. This is TESTIMONY for the record regarding: Public Hearing regarding Pre-1971 Lots and Plats Ordinance 05-1004-21 and Ordinance 06-1011-21 The DCD website at https://www.co.iefferson.wa.us/260/Community-Development includes the following information: Moratorium: Ordinance No. 06-1011-21 Ordinance No. 06 1011 21 repeals and replaces Ordinance No. 05 1004 21 Relating to Land Use and Building Regulations and Declaring an Emergency; Establishing a Moratorium on Acceptance and Processing of Applications that Require Recognition of Legal Lots of Record and Plats in Existence Prior to September 7, 1971 for the Purpose of Further Development. If your property is not located in a pre-1971 plat, you are not affected by the moratorium. If your property is located in a pre-1971 plat, you may be affected by the moratorium. Check the ordinance for exceptions. Here is how you can check your property: Can I submit an application? How do I identify if my property is in a plat? Pre-1971 Plats All Plats Why enact this moratorium? My examination of the above text and linked documents raises some serious questions and leads me to conclude that the "Statement of Work (SOW)" and its Communications Plan are both deficient and insufficient. • Both the "Plat List all" and the "Plat List pre-1971" documents on the DCD website are very poorly formatted, especially the 2nd of these; there are no column headings on pages and Excel cells are hanging off to the right on separate pages. The failure to properly present the data makes these documents essentially useless. • The "Can I submit an application?" document says "This flow chart is for reference only and does not show all exemptions. It cannot be relied upon [emphasis added] as a decision making tool." o First, "flow chart" is one word, not two. i o If the flowchart cannot be relied upon, why is it present? If a person draws the wrong conclusion about their property from an unreliable flowchart, is DCD going to take the blame when things go wrong in the future? Of course not. The person who was misinformed by the faulty DCD information will be the one harmed and who will bear the burden. • The "Is My Property in a pre-1971 Plat?" document is also essentially useless. o "If a Property Description with a S, T, R pops up, you are likely [emphasis added] not in a plat and your property is not affected." o "Likely"? That lack of specificity is unacceptable. o "If your Property Description name is located on the Plat List_pre-1971 then your property may be [emphasis added] subject to the moratorium. Please call our office at 360-379-4484 to further discuss." Again, an unacceptable lack of specificity. o Do people have to pay a $50 CAM fee just to find out if their property is affected? Even then, why would anyone trust what they were told? In summary: Given the poor quality of the documents presented as explanations, I have zero confidence that DOD's information can be relied upon. DCD's documents are poorly prepared and are clearly inadequate. Recommended next steps: At the very least, the Jefferson County Assessor should certify whether or not each and every parcel in the county is in fact subject to a pre-1971 plat. This ordinance should not be approved or extended without that provision. Then, DCD needs to clean up its documentation to match the Assessor's findings before the BoCC holds a new hearing on the facts. Thank you, Tom Thiersch Jefferson County 2 jeffbocc From: Terry Smith <terry.smith.broker@gmail.com> Sent: Sunday, November 21, 2021 10:50 PM To: jeffbocc Subject: Comments on the moratorium ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Jefferson County has an acute housing shortage.The number of parcels available for sale (as per the Northwest MLS) is the lowest in at least 15 years and has the highest prices. Housing is important.The County needs to do what it can to help not hinder building more housing. The County residents need a clear understanding of what lots are affected by the moratorium. A good Frequently Asked Questions section regarding the moratorium needs to be on the County website. It is important to have a point person at the County who understands the moratorium and can answer questions that are not on the FAQ section of the website. The Realtors and Builders should have a seat at the table when the issues are being discussed. I would suggest overlays in certain areas of the County where higher density would not cause a problem.We need buildable lands for the middle class.The lots in the City are too expensive for most people to afford to build. I would like to see a shorter time period than a year for the moratorium. I think a goal of 6 months would be much better.While I realize it will take time to go over all of the issues, a year is a long time when the timeframe to build is currently 2 to 3 years from the time a Buyer closes on a piece of property. We are already 10 years behind in building enough housing for the population that we currently have. Washington has a high rate of in-migration which will only make the problem worse if we do not allow for more affordable, buildable lands. I believe that there is a way to allow more dense housing in some areas to reduce the number of unhoused people and still retain the natural beauty of our area. Terry Smith Port Hadlock,WA Wire fraud is on the rise. Never wire funds without first calling the known phone number for your Broker or escrow company and confirming the wiring instructions,Do not rely on email communications.. 1 jeffbocc From: bperka@olypen.com Sent: Monday, November 22, 2021 10:34 AM To: jeffbocc; Brent Butler Subject: comments on 05-1004-21 emergency moratorium old platted lots Attachments: 4838_001.pdf ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. 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('.Alike. jeffbocc From: jsblack1960@gmail.com Sent: Monday, November 22, 2021 11:42 AM To: jeffbocc Cc: 'JSBlack' Subject: PUBLIC HEARING COMMENTS/RECOMMENDATIONS: Land Use and Building Regulations and Declaration an Emergency: MORATORIUM Attachments: JeffCounty_LandUseMoratoriumMeeting_PublicComments_JeffBlack_2021_11_22.docx ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. My public comments from the meeting are attached. For what it is worth, I did not hear any real answers to my questions during the meeting. The DCD has definitely put the cart before the horse.Jeff Black 1 DATE: November 22, 2021 TO:Jefferson County Board of Commissioners (jeffbocc@co.jefferson.wa.us) SUBJECT: For the Record. Land Use/Building Regulations/Declaration Emergency: Moratorium Good morning, My name is Jeff Black and I am speaking on behalf of myself and my wife Monica Black ... and maybe a few others not here today. Background: I'm fortunate enough to be here only because my excavating contractor mentioned the moratorium. Prior to last week, I did not know this moratorium was in effect. Based on what I know now, I'm very concerned about the scope and effect of this moratorium and question the process for how the moratorium was implemented, communicated. My wife and I recently purchased 2 parcels (about 1/3 acre) of unimproved land on Paradise Bay Road where we plan to build a home with an Accessory Dwelling Unit (ADU). We purchased this land on October 4th, 2021 ... which I think is the same day that this moratorium was announced and the same day it went into effect. We were not aware of this moratorium at the time we were signing the papers and transmitting a large payment for purchasing the property. Our realtor was also not aware of the moratorium. Even Community Development staff was not aware of the upcoming moratorium on August 26th of this year during a meeting I paid for regarding land use of this property we intended to purchase. In effect, we were blind-sided. How can this be? How can this happen? It concerns me greatly that we invested a large sum on property that we now can not build upon. Hopefully this meeting will shed more light on what the actual issues are. What I do know is the moratorium has delayed/halted our plans and is costing us financially. Most experts see interest rates going higher soon and this will cost us an additional amount of dollars that we intended to spend elsewhere. This moratorium not only affects us, it impacts many in our local community ... from tree toppers/loggers, excavators, surveyors, septic designers, builders, masons, framers, electricians, plumbers, roofers and many others groups. This moratorium has deprived those businesses the work I had planned to contract out. Given my current understanding, I oppose this moratorium, the scope of the moratorium and how the moratorium was communicated. Questions: Does this moratorium preclude building a garage with an Accessory Dwelling Unit above? Our intent is to build the Garage/ADU now and the Home sometime next year? Why is my property included in this moratorium? Can my property be included in the Innocent Buyer Provisions (Slide 18)? Recommendations: The moratorium must be updated, corrected, fixed to exclude individual property owners with small parcels such as myself and my wife. We don't believe citizens like us (the individual property owner) are the reason for this emergency moratorium and therefore citizens like us should not be penalized for any insufficient building rules nor should we feel the brunt of this action if developers work the rules to their advantage. At a minimum, the moratorium should be delayed for 1 year to allow citizens like us the time necessary to submit all plans/documents for building on our small parcels and time for Jefferson County to review and approve those plans. I will provide these written comments to the board for the public record. Thank you for your time today. Jeff Black (jsblack1960@gmail.com)