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Home My WebLink AboutM122021 - to include Hearing Comment re: Lot of Record; Additional Exeptions CLSON O 4w !., w !t 11111) 5'111 NCi" MINUTES Regular Meeting — December 20, 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 announced that today's meeting will be the last Board of County Commissioner meeting this year. 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 Board of Health Public Comment Period and a local resident injured by the COVID-19 vaccination. The Commissioners addressed the comment reviewed during the Public Comment Period and via email. 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. RESOLUTION NO. 88-21 re: Establish the Dates for the 2022 Mid-Biennium Review and Modification and 2024 - 2025 Biennial Budget Submissions, Review Hearings and Final Adoption; Jefferson County Administrator 2. RESOLUTION NO. 89-21 re: Adoption of the 2021 -2022 Jefferson County Cost Allocation Plan; Jefferson County Auditor 3. RESOLUTION NO. 90-21 re: To Construct a Road and Utilities on a Portion of Public Right of Way known as Pittsburg Avenue; Jefferson County Public Works 4. AGREEMENT, Supplement No. 4 re: Civil Engineering Services; Change in Beginning and Completion Dates; Jefferson County Public Works; Shea, Carr& Jewell, Inc. (dba SCJ Alliance) 5. AGREEMENT re: Oil City Road—Ruby Creek Washout, Project No. 18021020; In the Estimated Amount of$154,000; Jefferson County Public Works; Bruch& Bruch Construction 6. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$40,000; Centrum 7. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$13,520; Jefferson County Farmers Market 8. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$64,271; Forks Chamber of Commerce 9. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$20,000; Jefferson County Chamber of Commerce 1 Commissioners Meeting Minutes of December 20, 2021 10. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$83,000; Jefferson County Historical Society(Gateway Visitor Center) 11. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$46,080; Jefferson County Parks and Recreation 12. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$3,102; Port Ludlow Village Council 13. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of $2,004.64; Port Ludlow Village Council—Trail Committee 14. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$3,000; Quilcene Brinnon Garden Club 15. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$17,950; Quilcene Fair and Parade Association 16. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of$62,935; Quilcene Historical Museum 17. AGREEMENT re: 2022 Hotel Motel (Lodging Tax) Grant Funding; In the Amount of $295,000; Tourism Coordinating Council 18. AGREEMENT,Amendment No. 2 re: Hoh River Master Plan Phase I; Reduced Amount of $8,000, for a Project Total of$18,595; Jefferson County Public Health; Trout Unlimited 19. AGREEMENT re: School Based Mental Health Services; In the Amount of$6,560; Jefferson County Public Health; Port Townsend School District 20. AGREEMENT re: School Based Mental Health Services; In the Amount of$6,560; Jefferson County Public Health; Chimacum School District 21. AGREEMENT re: School Based Mental Health Services; In the Amount of$3,280; Jefferson County Public Health; Quilcene School District 22. AGREEMENT re: School Based Mental Health Services; In the Amount of$3,280; Jefferson County Public Health; Brinnon School District 23. AGREEMENT re: School Based Mental Health Services; In the Amount of$199,138; Jefferson County Public Health; Olympic Educational School District(OESD)No. 114 24. AGREEMENT,Modification No. 1 re: Dosewallips River Powerlines Reach Restoration; Extension of Time Only; Jefferson County Environmental Public Health; U.S. Forest Service 25. AGREEMENT re: Annual Maintenance Plan; In the Amount of$2,060; Jefferson County Clerk's Office; FreeDoc Information Capture Solutions 26. AGREEMENT,Amendment No. 3 re: Fairgrounds Supplies and Sundries;No Dollar Amount, Extending Time for Performance and Broadening the Population Being Served; Jefferson County Administrator; Dove House 27. APPROVAL OF JEFFERSON COUNTY PUBLIC OFFICIALS POSITION SCHEDULE BOND NO. 52BSBHB6126; Issued by Hartford Fire Insurance Company for the Treasurer, Clerk, Sheriff, Auditor, Prosecuting Attorney, Engineer, Commissioners District No. 1, District No. 2 and District No. 3, Judge and Assessor 28. ADVISORY BOARD RESIGNATION re: Lodging Tax Advisory Committee (LTAC); Kalaloch Lodge (West End)Representative, Joe Alfano 29. ADVISORY BOARD REAPPOINTMENTS (2) re: Lodging Tax Advisory Committee (LTAC); 1) Three (3) Year Term to Expire July 23, 2024; Quilcene Historical Museum Representative, Larry McKeehan; 2) Three (3) Year Term Expiring July 23, 2024; Jefferson County Historical Society Representative, Shelly Leavens 2 Commissioners Meeting Minutes of December 20, 2021 30. ADVISORY BOARD APPOINTMENT re: Lodging Tax Advisory Committee (LTAC); To Serve an Unexpired Term through August 21, 2023; Kalaloch Lodge (West End) Representative, Amy Neil 31. ADVISORY BOARD APPOINTMENT re: Jefferson County Noxious Weed Control Board; Four(4) Year Term Expiring December 20, 2025; District No. 2 Representative, Christine Heycke 32. MINUTES re: Regular Meeting Minutes of December 6 and 13, 2021 33. Payment of Jefferson County Vouchers/Warrants Dated December 12, 2021 Totaling $1,623,287.81 (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.) 34. Payment of Jefferson County Payroll A/P Warrants Done by Payroll Dated December 3, 2021 Totaling $146,142.37 (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) PUBLIC COMMENT PERIOD - Continued: Chair Dean allowed for additional public comments. The following is a summary of comments made virtually by individuals in attendance at the meeting and reflect their personal opinions: • Comment thanking the Commissioners for their work throughout the year, County staff pay raises, and spoke against those against the COVID-19 vaccine and Dr. Berry. COMMISSIONERS' BRIEFING SESSION: The Commissioners discussed recent meetings they attended and miscellaneous items. 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. HEARING re: 4th Quarter 2021 Budget Appropriations/Extensions; Various County Departments: Interim County Administrator Mark McCauley explained a change to the proposed 4th Quarter Budget Appropriations. He stated that the Auditor's Office was unable to calculate the retroactive amounts required under the new agreements. December was the only month they were able to calculate in time. The Payroll Department will pay the remaining amount on January 5, 2022. He noted that this affects the amounts in the proposed resolution and that the updated draft resolution was part of the Agenda packet. He reviewed the salaries and benefits for every department, as well as the remainder of budget appropriation requests. Chair Dean opened the hearing to allow for public testimony. Hearing no testimony, she closed the public hearing. Commissioner Brotherton noted that no written testimony was received. Commissioner Eisenhour moved to approve RESOLUTION NO. 91-21 re: 4th Quarter Budget Appropriations/Extensions; Various County Departments. Commissioner Brotherton seconded the motion which carried by a unanimous vote. 3 Commissioners Meeting Minutes of December 20, 2021 The meeting was recessed at 10:49 a.m. and reconvened at 11:01 a.m. with all three Commissioners present. HEARING re: Pre-1971 Lots and Plats Ordinance 05-1004-21 and Ordinance 06- 1011-21: Department of Community Development(DCD) Director Brent Butler provided a brief overview of the presentation which included: Lots of record: background, existing ordinance exceptions, proposed new exceptions, and management of workload priorities. Associate Planner Shannen Cartmel reviewed nine exemptions and proposed changes to the moratorium. Director Butler addressed workload priorities. Chair Dean opened the hearing to allow fox public testimony. The following individuals provided testimony: Paul Mahan and Terry Smith. Hearing no further testimony, Chair Dean closed the hearing. Chief Civil Deputy Prosecuting Attorney Philip Hunsucker requested that DCD staff and himself have time to work on the language regarding Exception#6 and report back during the afternoon session. Chair Dean tabled deliberations until after the lunch recess. COMMISSIONERS' BRIEFING SESSION-Continued: The Commissioners and Interim County Administrator continued discussing recent meetings they attended and reviewed upcoming meetings. The meeting was recessed at 12:01 p.m. and reconvened at 1:31 p.m. with all three Commissioners present. CONTINUED DELIBERATIONS: HEARING re: Pre-1971 Lots and Plats Ordinance 05-1004-21 and Ordinance 06-1011-21: The Commissioners continued deliberations on the hearing regarding the moratorium. After discussion, Commissioner Brotherton moved to revise and adopt ORDINANCE NO. 09-1210-21 regarding the moratorium and to take the revised Exception#6 and add Exception#10 as amended today,recognizing that the ordinance will be renumbered 09-1210- 21, which will amend Ordinance No. 06-1011-21 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. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. CONTINUED DELIBERATIONS re: Review of Three Finalized Options for 2021 Redistricting: Commissioner Eisenhour reviewed the three finalized options. She stated that the most public support has been for Option#1, and that Option#3 had the least support. After discussion, Commissioner Eisenhour moved to adopt County Commissioner District Proposal #1 for the Jefferson County Redistricting of the 2020 Census Data. Commissioner Brotherton seconded the motion which carried by a unanimous vote. CONTINUED DISCUSSION re: An Update on the Dabob Bay Trust Land Transfer; Amended Letter of Support: Commissioner Eisenhour reviewed the proposed amended letter with the Board. She stated that the Commissioner Brotherton and Northwest Watershed Institute 4 Commissioners Meeting Minutes of December 20, 2021 Executive Director Peter Bahls worked on changes to the draft letter. Commissioner Eisenhour moved to send the letter to Washington State Department of Natural Resources Uplands Deputy Supervisor Brodie in regards to the Dabob Bay Trust Land Transfer and Inter Trust Exchange. Commissioner Brotherton seconded the motion which carried by a unanimous vote. PRELIMINARY REVIEW re: Commissioner Committee Assignments in Preparation for 2022: The Commissioners reviewed Committee Assignments and started edits to the 2022 list. The Commissioners indicated they are in favor of Commissioner Eisenhour serving as Chair to the Board in 2022,but would take action during the January 3, 2022 meeting. COUNTY ADMINISTRATOR BRIEFING SESSION: Interim County Administrator/Central Services Director Mark McCauley reviewed the following with the Board: • Review of items to discuss • Pleasant Harbor: Commissioner Brotherton and Chief Civil Deputy Prosecuting Attorney Philip Hunsucker both requested the Commissioners hold an Executive Session to discuss potential litigation. ADDITIONAL BUSINESS: EXECUTIVE SESSION: An Executive Session was added to the meeting agenda. Chair Dean announced that the Executive Session will be held from 2:45 p.m. to 3:10 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 and Chief Civil Deputy Prosecuting Attorney. The Board concluded the Executive Session and resumed the regular meeting at 3:11 p.m. Commissioner Eisenhour moved to authorize Interim County Administrator Mark McCauley to finalize and sign a Settlement Agreement in the range as discussed in Executive Session. Commissioner Brotherton seconded the motion which carried by a unanimous vote. The meeting was recessed at 3:12 p.m. and reconvened at 3:21 p.m. with all three Commissioners present. COUNTY ADMINISTRATOR BRIEFING SESSION- Continued: Interim County Administrator/Central Services Director Mark McCauley reviewed the following with the Board: • Review of items to discuss • County Administrator; hiring update • Chamber of Commerce; State of the County Report • Climate Action Committee (CAC) goals • Septage; update to come • Closing remarks 5 Commissioners Meeting Minutes of December 20, 2021 NOTICE OF ADJOURNMENT: Chair Dean adjourned the meeting at 3:53 p.m. until the next regular meeting or special meeting as properly noticed. "t JEFFERSON COUNTY , BOARD OF COMMISSIONERS SEAL: ,Yam. <. ,, Ka a De Chair t, o t o ATTEST: e , ember n a 1,4),--t- 6 ia/tv5_' C rolY n allawa , CMC LLhember Y Clerk of the Board 6 Please publish 2 times: December 8 and 15, 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 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,December 20, 2021 at 11:00 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 11:00 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 11:00 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 may view the draft ordinance by visiting www.co.jefferson.wa.us; click on Latest News and follow the posting regarding this Hearing. The public hearing is being held pursuant to RCW 36.70A.390 for the purpose of receiving public testimony on the timelines and exceptions identified in 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 December 20, 2021, as part of their Regular Meeting, the Board of County Commissioners will take public testimony and consider amending Ordinance 06-1011-21 by adding a new exception to the moratorium as follows: "(10) Any boundary line adjustment and other necessary permits requested by a Tribe, public entity or nonprofit applicant for the primary purpose of restoring, improving, or conserving habitat and functions in critical areas, shorelines or other natural areas; provided that, this exception does not allow for the building of habitable structures or for the installation of septic systems." The Board of County Commissioners will also consider amending exception number 6 to the moratorium to read as follows: "(6) Any application necessary to develop one single-family residence for occupancy by the applicant, as long as all required setbacks, health and sanitation requirements, and stormwater management requirements can be met on site. Only one application per applicant will be allowed during the period ofthe moratorium,and the applicant must have taken ownership of the property prior to October 4, 2021." The Board of County Commissioners may review the findings of fact adopted in Ordinance 06- 1011-21, and either reaffirm or modify those findings. The workplan and timeline may also be discussed at the hearing. Other modifications of Ordinance 06-1011-21 also may be considered. In addition, written testimony is also invited beginning on December 8, 2021 and ending on December 20, 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 aco.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. Approved and signed this 6th day of December, 2021. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair